HomeMy WebLinkAboutMINUTES - 12041990 - 1.17 , go-
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT DECEMBER 4, 1990
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Undetermined Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: DIMAGGIO, Stephanie
ATTORNEY: James E. Scott, Esq.
Scott & Barsotti Date received
ADDRESS: 315 East Leland Road BY DELIVERY TO CLERK ON November 5, 1990
Pittsburg, CA 94565
BY MAIL POSTMARKED: November 2, 1990
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: November 6, 1990HHIL BATCHELOR, Clerk
Y: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Su visors
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: ( 6 BY: I S QA Deputy County Counsel
U YQ
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOA7TRhER: By unanimous vote of the Supervisors present
is Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated:—DEC 4 199-0. PHIL BATCHELOR, Clerk, Deputy Clerk
WARNING (Gov. code on 913)
Subject to certain exceptions, you have only six (6) months from.the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as
ass+shown above.
Dated: �.E C 6 190 BY: PHIL BATCHELOR b Deputy Clerk
CC: County Counsel County Administrator
' s
1 JAMES E. SCOTT, ESQ. RECEIVED
SCOTT & BARSOTTI
2 A Professional Corporation
315 East Leland Road NOV - 5 19W
3 Pittsburg, CA 94565
415/432-2955 CLERK BOARD OF SUPERVI
4 CONTRA COSTA CO.
Attorneys for Plaintiffs
5 STEPHANIE DIMAGGIO
6
7
BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
8.
9
10 In the Matter of the Claim of ) NO.
STEPHANIE DIMAGGIO, )
11 )
Claimant, )
12 )
H 9 vs. ) CLAIM AGAINST PUBLIC ENTITY
Hoo ; 13 ) [Gov. Code §910 et seq. ]
Nop� < 0 CONTRA COSTA COUNTY, )
u ej o z o 14 )
o = W = Respondent. )
J
3ata0i 15 )
J H W W m
HM "- M CLAIMANT: STEPHANIE DIMAGGIO
16
In a"
17 Claimant hereby presents this claim to the CONTRA COSTA
18 COUNTY BOARD OF SUPERVISORS pursuant to the Government Code
19 Sections referred to above.
20 1. The name and address of Claimant STEPHANIE DIMAGGIO is:
21 1700 Lilac Lane, Antioch, California, 94509 .
22 2 . The post office address to which Claimant desires
23 notice of this claim to be sent is:
24 Scott & Barsotti, Attention: James E. Scott, Esq.
25 315 East Leland Road, Pittsburg, California, 94565
26 3 . Date of occurrence: July 25, 1990, approximately 12 : 45
27 a.m.
28 4. Type of accident: Vehicle collision (two vehicles) .
1
1 5. Location of accident: Neroly Road, near its
2 intersection with Laurel Road in an unincorporated area of
3 Contra Costa County near Oakley, California. Claimant was
4 driving her 1987 Toyota automobile eastbound on Neroly Road and
5 was struck head-on by a 1982 Toyota vehicle being driven by
6 Timothy White and owned by Judy Sorenson. The 1982 Toyota,
7 being operated by Timothy White, was westbound on Neroly Road
8 and coming the opposite direction from Claimant. The 1982
9 crossed over the center line and struck Claimant's vehicle
10 head-on on her side of the road, approximately thereby causing
11 the injuries and damages referred to infra.
12 A proximate cause of the collision referred to above was
EI 9
o < m 13 the defective and dangerous conditions of Neroly Road in the
N U1 0
mc," : 14 vicinity and at the point where the collision occurred. The
�Ra
q3 < 1
� N �, ° _ 15 defective and dangerous conditions of Neroly Road include but
J F 4 w
C ° "- �,
MT 16 are not limited to defective design of the roadway, defective
�
U ` �
17 construction and failure to adequately post and warn westbound
18 traffic of the presence of curves and the inadequacy of the
19 posted signs in the area of the collision and the absence of
20 sufficient and adequate warning and safety features of Neroly
21 Road in the area where the collision occurred. Said roadway,
22 in and about the area where the collision occurred, was in a
23 defective and dangerous condition when used in the manner in
24 which it was reasonably foreseeable that it would be used.
25 6. As a direct and proximate result of the defects above
26 complained of, Claimant suffered serious and permanent injuries
27 to her head, body and shock to her nervous system and which
28 injuries are residual in nature.
2
1 As a result of the injuries incurred, Claimant has suffered
2 and incurred hospital and medical bills in excess of $80, 000
3 and which medical bills are ongoing and continuing. In
4 addition, Claimant has incurred wage loss in the amount of
5 approximately $1,500 and permanent impairment to her earning
6 capacity, the exact amount of which is unknown at this time.
7 The exact nature and extent of the injuries suffered by
g Claimant in the collision referred to above are unknown but
9 include fractures to the femur, internal injuries that were the
10 subject of an exploratory laparotomy, severe facial
11 lacerations, serious knee lacerations, dental damage and shock
12 to the nervous system.
G0om&W
13 Jurisdiction over this claim rests in the Superior Court.
N W o Q 3
o99 : 14 Name or names of the public employee or employees causing
3 � Uz10 ° : 15 the injury, damage or loss is unknown to Claimant at this time
51, 4W �
0 & MM 16 other than the political subdivision County of Contra Costa.
V ` H
17
Dated: November 2, 1990 w Offices
18 SCOTT & BARSO
19
20
E. C T
21 Att rney or Claimant
ST HANIE DIMAGGIO
22
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CLAIM 7.
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION .
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT December 4, 1990
and Board Action. All Section references are to The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Undetermined Section 913 and 915.4. Please note all "Warnings"w'IC99lE®
CLAIMANT: POOLE, Ronald NOV 05 1990
ATTORNEY: Peter W. Alfert, Esq. COUNTY COUNSEL
Hinton & Alfert Date received MARTINEZ, C4LIV
ADDRESS: 2940 Camino Diablo, Ste. 300 BY DELIVERY TO CLERK ON . November 2, 1990 (hand delivered)
Walnut Creek, CA 94596
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. QQHH g
DATED: November 5, 1990 B1'IL UeputyLOR, Clerk
1I. FROM: County Counsel TO: Clerk of the Board of Su visors
�V ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: E/90 BY: i ), Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
{ ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(VJ This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date. nn�nn
Dated: D E C 4 1990 PHIL BATCHELOR, Clerk, By . Deputy Clerk
WARNING (Gov. code S 13)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: D E C 6 1980 BY: PHIL BATCHELOR by/ Deputy Clerk
CC: County Counsel County Administrator
PETER W. ALFERT REC�,D
HINTON & ALFERT :K8
'�A Professional Corporation Qv 2 �2940 Camino Diablo, Suite 300
P.O. Box 4906Walnut Creek, Ca. 94596 CLERCONTRA AR oOSTA CO.UPEERV� R
Telephone: (415) 932-6006
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
TO: Clerk, Board of Supervisors
County of Contra Costa
651 Pine Street
Martinez, California 94553
This claim is presented by the law offices of HINTON &
ALFERT, A Professional Corporation, on behalf of RONALD POOLE.
Claimant resides at 1477 - 8th Street, Oakland, County of
Alameda, State of California.
Notices concerning the claim should be sent to the law
offices of HINTON & ALFERT, 2940 Camino Diablo, Suite 300, P. O.
Box 4906, Walnut Creek, California 94596.
On or about May 12, 1990, claimant RONALD POOLE was riding
his bicycle with other members of the Berkeley Bicyle Club along
and upon Pinehurst Road on a slight downhill grade in an area
near the Contra Costa County/Alameda County line in the County of
Contra Costa, State of California, when he applied his brakes and
his bicycle slipped out from under him as a result of the
dangerous condition of the roadway as hereinafter alleged,
causing him to fall and suffer the personal injuries herein
complained of.
The area of Pinehurst Road where claimant was injured was in
a dangerous condition due to the slope and elevation of the
roadway, the lack of shoulders, and loose gravel on the traveled
portion of the roadway.
Said dangerous condition was caused and created by the
negligence of employees of the County of Contra Costa, whose
names are unknown to claimant, in that the area was not properly
paved, surfaced, maintained, repaired, and excess gravel was not
properly stored or removed, causing the roadway to be dangerous
to persons using it with due care.
Said dangerous condition constituted a trap to persons
riding bicycles along and upon Pinehurst Road, and the County of
Contra Costa negligently failed to take measures to alleviate the
danger posed or to warn of the danger.
The County of Contra Costa was on notice of said dangerous
condition a sufficient time prior to plaintiff's injury to have
taken remedial measures to have prevented it.
Claimant RONALD POOLE was injured as a proximate cause of
the dangerous conditions herein complained of and the negligence
of the County of Contra Costa and its employees.
The amount claimed by RONALD POOLE, as of the date of the
presentation of this claim, is sufficient to establish
jurisdiction in the Superior Court of the State of California.
These damages consist of general and special damages, including,
but not limited to, medical expenses, past and future, lost wages
2 -
and earning capacity, and incidental expenses.
Dated: October 31, 1990
HINTa & ALF R
BY
PETE W. ALFERT
Attorneys for C1imant
Receipt of the above claim is hereby acknowledged this
day of , 1990.
BOARD OF SUPERVISORS
By
Title
3
r. CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT DECEMBER 4, 1990
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Undetermined Section 913 and 915.4. 1Please note all "Warnings".
CLAIMANT:SAN RAMON VALLEY FIRE PROTECTION DIS'T`RICT
ATTORNEY:3ohn E. Waltz, Esq.
Date received
ADDRESS: c/o Chief Mel Deardorff BY DELIVERY TO CLERK ON November 6, 1990 (hand delivered):
San Ramon Valley Fire Protection District
800 San Ramon Valley Blvd. BY MAIL POSTMARKED:
Danville, CA 94526
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
ppyyIL BATCHELOR, Cle
DATED: November 6, 1990 BY: Deputy
II. FROM: County Counsel TO: Clerk of the Board o ervisors
This claim complies substantially with Sections 910 and 910.2.
( . ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days.(Section 910.8).
( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: 6T, U BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDE : By unanimous vote of the Supervisors present
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: n F G �� _ PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code se io 3)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: DEC BY: PHIL BATCHELOR by Deputy Clerk
CC.: County Counsel County Administrator
- u �
FRECEIVED
Maim of NO
SAN RAMON VALLEY FIRE Afr1APEC�ROVISORS
PROTECTION DISTRICT, a
California Independent Fire CLAIM FOR PROPERTY DAMAGE
Protection District, (SECTION 910 OF THE
CALIFORNIA GOVERNMENT CODE)
V.
THE COUNTY OF CONTRA COSTA,
a Political Subdivision of
the State of California.
To the Board of Supervisors of the County of Contra Costa:
You are hereby notified that the San Ramon Valley Fire
Protection District, whose address is 800 San Ramon Valley
Boulevard, Contra Costa County, Danville, California, claims
damages from the County of Contra Costa in the amount computed as
of the date of this claim of approximately $130, 000.
This claim is based on damages sustained by the claimant on or
about November 6, 1989, in the vicinity of the claimant's Fire
Station No. 35 located at 505 Silver Oak Lane, Danville,
California, located within the jurisdiction of the County of Contra
Costa. The damages sustained by claimant as far as known at this
time consist of ruptured underground fuel lines, possible fuel
contamination of the soil, possible damage to underground fuel
tanks, cracking and damage to concrete and asphalt surfaces on
claimant's property with possible future damage if soil subsidence
conditions continue. These damages were cause by soil subsidence
on claimant's property which was originally prepared, graded and
improved pursuant to inspection and control by the County of Contra
Costa, who so negligently and carelessly supervised, approved,
permitted and allowed said engineering, grading and construction as
to allow a condition to exist on said property which caused
subsidence of the soil and damage to claimant's fire facility.
The names of the public employees causing claimant' s injuries
under the described circumstances are not known to claimant at this
time.
Jurisdiction over the claim would rest in the Superior Court
of the County of Contra Costa.
All notices or other communications with regard to this claim
should be sent to claimant c/o Chief Mel Deardorff, San Ramon
Valley Fire Protection District, 800 San Ramon Valley Boulevard,
Danville, California 94526.
Dated: November 6, 1990
JO E. WALTZ
orney for San Ramon Valley
Fire Protection District
'
AMENDED CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,' CALIFORNIA
\
`~ Claim Against the County, or District governed by) BOARD
ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANTDECEMBER 4° 1990
and Board Actiun, All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph lY below), given pursuant to Government Code
Amount: Unknown Section 913 and 915'4, ! Please note all "Warni�������� '
�
NOV � � 1���
CLAIMANT: STANLEY, Sandra L . and Glenwood `«`^x � v /^^w
COuNTYCOVMEL
ATTORNEY: John B. Lytle Law Office kARTlNE& MIF.
278 Clark Street Date received
4V\ ��bnT I4I9�O ( z4o�
ADDRES3' CrO�} ��1 , C& 945�S BY DELIVERY TO CLERK ON
delivered)
'
BY MAIL POSTMARKED: `
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: November IS , 1990 epu
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910,2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying �
claimant. The Board cannot act for 16 days (Section 910,8). �
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
fsQ,Gated: 11 8YDeputy County Counsel
111. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911,3),
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( )
Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: DEC 4 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code sec`t"�913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945,0,
You may seek the advice of an attorney of your choice in connection with this matter, If you want to consult
an attorney, you should do so immediately,
'AFFIDAVIT
l declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today l deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Deputy Clerk
Dated: DEC 6 19.0n, BY: PHIL BATCHELOR by ><�
CC: County Counsel County Administrator
N
o
AMENDED CLAIM AGAINST THE COUNTY OF CONTRA COSTA
CLAIMANTS NAME: Sandra L. and Glenwood Stanley
CLAIMANTS ADDRESS: 2820 Sargent Ave . San Pablo, Ca.
ADDRESS TO WHICH The Law Office of John B. Lytle
NOTICES ARE TO BE 278 Clark Street
SENT: Crockett , California 94525
DATE OF INCIDENT: June 1 , 1990
LOCATION OF INCIDENT: Side yard of residence at 2820
Sargent Ave . San Pablo, Ca.94806
TRANSACTION WHICH County maintains and controls a
GIVES RISE TO storm drain which traverses
CLAIM ASSERTED: claimants side yard. The county
does not have an 'easement for
said drain . Due to the location
of the drain , the foundation of
claimants' home has lost its
subjacent and lateral support .
DESCRIBE DAMAGES: The corner of claimants' home is
continuing to drop causing major
cracking through out the living
area of the home and structural
distress to the home .
NAME OF PUBLIC Unknown .
EMPLOYEE CAUSING
DAMAGE:
AMOUNT OF CLAIM: The total cost of repair is
unknown at this time . Claimants
are in the process of retaining
the appropriate experts to
assess the damages. Claimants
RECEIVED are informed and believe that
the needed repairs will cost
Nov 1 41990
CLERK BOARD OF SUPERVI
CONTRA COSTA CO.
y -
more than $ 25,000 . If a law
suit is necessary superior
court will have jurisdiction
over the claim.
ITEMIZATION OF claimants do not know the total
CLAIM: amount of expenses which could
be incurred at this time .
SIGNED BY OR ON The Law Office of John B. Lytle
BEHALF OF CLAIMANTS:
By
ohn B. Lytle
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT DECEMBER 4, 1990
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), -given pursuant to Government Code
Amount: Unknown Section 913 and 915.4. ; Please note all "Warnings".
CLAIMANT: STANLEY, Sandra L. and ,Glenwood
ATTORNEY: John B. Lytle
Law Office Date received
ADDRESS: 278 Clark Street BY DELIVERY TO CLERK ON November 6, 1990 (hand delivered)
Crockett, CA 94525
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JY IL BATCHELOR, Clerk
DATED: November 6, 1990 BY: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supe sors
{ ) This claim complies substantially with Sections 910 and 910.2.
�ti } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
.claimant. The Board cannot act for 15 days (Section 910.$).
( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: (90 BY:� _ Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
{ ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: hn B. Lytle
Law ffice
278 Cl Street
Crockett, 94525
Re: Claim of SANDRA L. and GLENWOOD STANLEY
Please Take Notice As Follows:
The claim you presented against the County of Contra Costa or District
governed by the 'Board of Supervisors fails to comply substantially
with the requirements of California Government. Code section 910 and
910 . 2, or is otherwise insufficient for the reasons checked below:
1 . The claim fails to state the name and post office address of
the claimant.
2. The claim fails to state the post office address to which
the person presenting the claim desires notices to be sent.
3 . The claim fails to state the date, place or other
circumstances of the occurrence or transaction which gave
rise to the claim asserted.
4 . The claim fails to state the name(s) of the public
employee(s) causing the injury, damage, or loss, if known.
x 5 . The claim fails to state whether the amount claimed exceeds
ten thousand dollars ($10,000) . If the claim totals less
than ten thousand dollars ($10,000) , the claim fails to
state the amount claimed as of the date of presentation, the
estimated amount of any prospective injury, damage or loss
so far as known, or the basis of computation of the amount
claimed. If the amount claimed exceeds ten thousand dollars
($10,000) , the claim fails to state whether jurisdiction
over the claim would rest in municipal or superior court.
6 . The claim is not signed by the claimant or by some person on
his behalf .
7 . Other:
VICTOR J. WEST , County Counsel
By
• Pis S'
Deputy Ldunty Coun
CERTIFICATE OF SERVICE BY MAIL
C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. SS 641, 664)
My business address is the County Counsel's Office of Contra Costa
County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553,
and I am a citizen of the United States, over 18 years of age,
employed in Contra Costa County, and not a party to this action. I
served a true copy of this Notice of Insufficiency and/or Non
Acceptance of Claim by placing it in an envelope(s) addressed as shown
above (which is/are place(s) having delivery service by U.S. Mail) ,
which envelope(s) was then sealed and postage fully prepaid thereon,
and thereafter was, on this day deposited in the U.S. Mail at
Martinez/Concord, Contra Costa County, California.
I certify under penalty of perjury that the foregoing is true and
correct.
Dated: at Martinez, California.
cc: Clerk of the Board of Supervisors riginal) ;/
Risk Management v
(NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 91.0, 910 .2, 920 .4 , 910 .8)
- RECEIVED
haivd r
NOV 61)
CLERK BOARD OF SUPERVISORS
CONTRA CO
CLAIM AGAINST THE COUNTY OF CONTRA COST
CLAIMANTS NAME: Sandra L. and Glenwood Stanley
CLAIMANTS ADDRESS: 2820 Sargent Ave . San Pablo, Ca.
ADDRESS TO WHICH The Law Office of John B. Lytle.
NOTICES ARE TO BE 278 Clark Street
SENT: Crockett , California 94525
DATE OF INCIDENT: June 1 , 1990
LOCATION OF INCIDENT: Side yard of residence at 2820
Sargent Ave . San Pablo, Ca.94806
TRANSACTION WHICH County maintains and controls a
GIVES RISE TO storm drain which traverses
CLAIM ASSERTED: claimants side yard. The county
does not have an easement for
said drain . Due to the location
of the drain , the foundation of
claimants` home has - lost its
subjacent and lateral support .
DESCRIBE DAMAGES: The corner of claimants` home is
continuing to drop causing major
cracking through out the living
area of the home and structural
distress to the home .
NAME OF PUBLIC Unknown .
EMPLOYEE CAUSING
DAMAGE:
AMOUNT OF CLAIM: The total cost of repair is
unknown at this time . claimants
are in the process of retaining
the appropriate experts to
assess the damages.
ITEMIZATION OF claimants do not know the total
CLAIM: amount of expenses which could
be incurred at this time .
SIGNED BY OR ON The Law Office of John B. Lytle
BEHALF OF CLAIMANTS:
By
ohn B. Lyt e
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS_ OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT December 4, 1990
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911 .8 and
915.4. Please note the "WARNING" below.
Claimant: BRADFORD, Dwayne Terrell James (a minor)
Attorney: William Godfrey Davis, Esq. ts;;..:FfVr-D
Davis and Hill NOV 06 1999
Address: 3000 South Robertson Blvd. , Ste. 245
Los Angeles, CA 90034 COUNTY COUNSEL
MARTINEZAmount: Undetermined By delivery to Clerk on November 5, 1990 CALIF.
Cert. P574 589 218
Date Received: 11/5/90 By mail, postmarked on November 2, 1990
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to File Late Claim.
DATED: November 6, 1990 PHIL BATCHELOR, Clerk, BySEC222� Deputy
II. FROM: County Counsel Clerk of the Board of Supervisors.
( ) The Board should grant this Application to File Late Claim (Section 911.6).
� ) The Board should deny this Application to File Late Claim (Section 911.6).
c
DATED. 1II /90 VICTOR WESTMAN, County Counsel, By?Iud ) • & Deputy
III. BOARD ORDER By unanimous vote of Supervisors prese
(Check one only)
( ) This Application is granted (Section 911.6).
( This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: DEC 4 1990 PHIL BATCHELOR, Clerk, .By Deputy
WARNING (Gov. Code §911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediately,
IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: DEC 4'1990 PHIL BATCHELOR, Clerk, By Deputy
V. FROM: 1 County Counsel 2 County AdOjni,%trator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
1 WILLIAM GODFREY DAVIS, ESQ. RECEIVED
DAVIS & HILL
2 3000 South Robertson Blvd. , #245
3 Los Angeles, CA 90034 NOV - 5 1990
(213) 287-0326
4 CLERK BOARD OF S-URPERA-MISO
CONTRA
Attorneys for all Claimants COSTA
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6
7 APPLICATION TO FILE LATE CLAIM AGAINST PUBLIC ENTITY
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9 in the matter ;TE: Application for Permission
The Application for Permission To File Amended/Late Claim
10 to File Amended/Late Claim of Gov. Code,
Dwayne Terrell James Bradford, Sections 911.4 and 911. 6
Claimant, a minor born
11 February 11, 1990
12 VS.
13 County of
Contra Costa; The Contra Costa County)
14 Sheriff's Department; Contra
Costra Main Detention Center; Contra
15 C6strA Medical"Depairtment; Contra
Costra Health Services Deapartment;
16 Contra Board of. Supervisors
All involved Medical Personnel,
17 individually; and
Does I thur C, Inclusive
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19 1. Dwayne. Terrell James Bradford hereby applies to the abov
20 named defendants for leave to present an amendment to claim again
21 said public entities and their employees, pursuant to section 911.4
22 the California Government Code.
23 2 . The cause of action of wrongful death, violation of civ
24 " rights, and medical, malpractice as set forth in his proposed cla
25 attached hereto, accrued to this claimant on February 11, 1990,
26 period within one year from the filing of this application.
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1
I CA 90037, Traci Bradford c/o Pamela Thrower of 2225 84th Avenu
2 Oakland, CA 94605, Trina Bradfore Phillips of 2481 Grove Way #2
3 Castro Valley, CA 94540, and Dwayne Bradford, Jr. c/o Georgia Rand
4 7311 Meadow Street, "C", Anchorage, Alaska 99507, and Dwayne Terre
5 James Bradford, c/o Ida Bradford of 10280 Plymouth Street, Oakland,
6 94634.
7 2 . The post office address to which the persons presenting t
8 claim desires all notices and communications with regard to this cla
9 should be sent is: 3000 S. Robertson Blvd. , #2451 Los Angeles,
10 90034 .
11 3 . The date, place and other 'circumstances of the occurren
12 or transaction which gave rise to the claims asserted are as follow
13 On or about September 29, 1989 thur October 1, 1989, the decedent w
14 arrested, held incommunicado; refused telephone calls to attorney
15 parents, physicians, and otherwise intentionally and/or negligent
16 refused medical treatment. These actions were taken with fu
17 knowledge of the entities and parties who this claim is filed again
•18 and at a time when the decedent was in desperate need of medic
19 assistance. .-Each-of said entities and .persons, willfully, knowingl
20 purposely 'and,.w;t l ::he spec i—J ii :in-Li3:il%.: i,i�jpriv'ed' Decedent of his Civ
21 Rights, the right to timely and effective medical assistance, and t
22 advise of a medical physician, while in custody at the Contra Cos
23 County Main Detention Center in Martinez, CA, all of which proximate
24 caused said decedent's death.
25 4. The loss of each claimant consist of loss of consorti
26 (love, affection, support) , financial benefit, counsel, companionshi
27 etc. , sustained as a result of decedent's death on or about October
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2
1 1985.
2 5. At prevent, Ot-1 er than the above-named entities and puY,•:iia
3 claimants do not know tht specific names of the public entities and/
, 4 employees who caused claimants ' damages.
5 6. The total anount of the claim exceeds ten thousand dolla
6 ($10, 000. 00) f.!.s of this date, and is based on the life expectancy-
.buri.al _axpenses etc, Jurisdiction ov
8. the me.tter:,orau rest in Fedi a.l or Sur,�=.,rior Court.
9 Dated: 0-tcbr-,r 22 , i.990 UAv:t-S Izll_L
10
By:
11 1" liars Gofrcy av• s, Esq,
cl,magst2 .pub Attorneys for im nts
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WILLIAM GODFREY DAVIS, ESQ.
2 DAVIS & HILL Blvd.- , #245
3000 South Robertson
Los Angeles, CA 90034
4 (213) 287-0326
5 Attorneys for all Claimants
6
7
CLAIM AGAINST PUBLIC ENTITIES
9 In the Matter of the Claim of Amended/Late
The Estate of 8ruce .Wayne Bradford CLAIM FOR Wrongful Death,
10 'Traci Bradford (Daughter) , Trina Medical Malpractice, and
Bradford Phillips, (Daughter) ; Dwayne) Violation of Civil Rights
11 Bradford Jr. (Son) , Dwayne Terrell ) Re: Bruce Wayne Bradford
James Bradford (Son) , and all other ) while in Custody from Sept
12 qualifying heirs and/or Claimants, ) 29, 1989 thur Oct. 1, 1989
D.O.B. September 29, 1953
13 vs.
14 County of
Contra Costa; The Contra Costa County)
15 Sheriff's Department; Contra
Costra MainDetentionCenter; Contra
16 Costra Medical Department; Contra
Costra Health Services Deapartmen4l"';
17 Contra Board of Supervisors
All involved Medical Personnel,
18 individually; and
Does I thur C, Inclusive
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The Law Firm of DAVIS & HILL hereby presents this amended cla
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to the City of Pleasant Hill, The County of Contra Costa, The Cont
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Costa Sheriff's Department, The Contra Costa Board of Supervisors, T
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Contra Costa Main Detention Center, The Contra Costa County Medic
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Department, The Contra Costa County Health Services Department, a
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all involved medical personnel, individually, and Does I thur
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pursuant to Section 910 et seq. of the California Government Code:
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1. The names and post office addresses of the claimants ar
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The Estate of Bruce Wayne Bradford of 1048 57th Street, Los Angele
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1 3 . Dwayne Terrell James Bradford filed this claim orginally
2 January 9, 1990, named therein as a "qualifying heir" because he w
3 not born until February 11, 1990, hence, there was no delay
4 presenting his claim against said persons and entities.
5 4. Dwayne Terrell James Bradford, the person who sustained t
6 alleged injury, damage or loss was a minor during all of the ti
7 specified in Section 911. 1 for the presentsation of the claim.
8 Dated: October 22 , 1990. Respectfully submitted,
9 rAVI5 W BILL
10 � r
By: Y
11 I LIAM GODF Y VIg, ESQ.
Attorneys for C1 ima t
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WILLIAM GODFREY DAVIS, Esq.
DAVIS & HILL
3000 S. Robertson Blvd. , Suite 245
Los Angeles, CA 90034
(2 13) 287-0326
Attorney For Plaintiffs
PROOF OF PERSONAL SERVICE AND SERVICE BY MAIL
I am a citizen of the United States and a resident of the
County of Los Angeles; I am over the age of 18 years and not a
party to the above-numbered action; my business address is shown
above.
On November 2 , 1990 I served the Claim For Wrongful Death,
Medical Malpractice, etc. , herein, on the courts and parties in
said action by mailing a true copy, postage paid, in the United
States mail addressed to:
Board of Supervisors of Contra Costa County
The County of Contra Costa
525 Henrietta Street
Martinez, CA 94553
I declare under penalty of perjury that the foregoing is true and
correct. Executed on November 2, 1990, at Los Angeles, California.
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