HomeMy WebLinkAboutMINUTES - 02131990 - 1.12 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 CLAIMANT February 13, 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 Gov �a�n3t Ccld,OL UIlS6l
Amount: Undetermined Section 913 and 915.4. Please note all Warnings
CLAIMANT: DOCIMO, Marlene FED 7 1390
ATTORNEY: Martinez. GA 1'4553
Charles Nicholas Cuda Date received
ADDRESS: Attorney at Law BY DELIVERY TO CLERK ON February 6 , 1990 (via Counsel
565 Ygnacio Valley Rd. ,
Suite 300 BY MAIL POSTMARKED:
Walnut mreek, CA 94596- 3828
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
��IL gATCHELOR, Clerk
DATED: February 7 , 1990 : Deputy
11. FROM: County Counsel TO: Clerk of the Board of Sup cors
�(v )
This^c1 _ 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: 2 � o BY: I-' )14+_S 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).
1V. BOARD ORDER: By unanimous vote of the Superviscrs present
(j<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:FE B 11 1999 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.l
Dated: FEB ', 3 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
Count; Counsel
FFS 5 1 0 �S
CHARLES NICHOLAS CUDA Martinez. CA 94553
ATTORNEY AND COUNSELOR AT LAW
A PROFESSIONAL LAW CORPORATION
565 YGNACIO VALLEY ROAD
SUITE 300
WALNUT CREEK, CALIFORNIA 94596-3828
TELEPHONE (415) 942-5100
FAX (415) 933-3801
February 1, 1990 RECEIVED
FEB 6 1990
Mr. Philip F. Altoff PHILmycNE10A
Deputy County Counsel tIQt EACHOAkD�QOVAC0190ks
P.O. BOX 69 8 De
Martinez, CA 94553-0116
RE: Docimo vs. County of Contra Costa
Dear Mr. Altoff:
Enclosed please find the Amended Claim previously filed on
January 11, 1990.
Thank you very much.
Very truly/yours,
CHARLES NICHOLAS CUDA
CNC: ly
Enclosure
CLAIM OF MARLENE DOCIMO )
AMENDED CLAIM FOR PERSONAL
VS. ) INJURIES SECTION 910 OF THE
GOVERNMENT CODE PREVIOUSLY
COUNTY OF CONTRA COSTA ) FILED ON JANUARY 11, 1990
TO THE COUNTY OF CONTRA COSTA:
YOU ARE HEREBY NOTIFIED that MARLENE DOCIMO, whose address is
300 Victor Court, Mokelleume Hill, California claims damages from
the County of Contra Costa in the State of California.
This claim is based on injuries claimant suffered on July 17 ,
1989 , while riding as a passenger in a vehicle operated by ALISA
BRYCE when the vehicle hit a monument located alongside of Highway
4 at Balfour Road in Brentwood, California. The highway was
negligently designed and maintained in that the road had an
excessive drop off to the shoulder and that the monument causing
fatal injuries was placed too close to the side of the road and not
adequately isolated. Claimant suffered severe injuries, including
but not limited to severe facial cuts which have resulted in
extensive scaring. ALISA BRYCE was killed in the accident.
The names of the public employees who may have caused
claimant' s injuries are unknown at this time.
The amount claimed is over the jurisdiction of the Municipal
Court and rests in the Superior Court.
RECEIVED
FE B 6 1990
PHIL BATCHELOR
CLERK 80ARD OF SUPERVISORS
C RA COSTA CO.
-1-
All notices or other communications with regard to this claim
should be sent to claimant c/o Charles Nicholas Cuda, Esq. , 565
Ygnacio Valley Road, Suite 300, Walnut Creek, California 94596.
DATED: January 31, 1990
By: -�
CHARLES NICHOLAS CUDA
Attorney for Claimant
-2-
1
PROOF OF SERVICE BY MAIL
2 (C. C. P. 1013a, 2015. 5)
3
I declare that:
4
I am employed in the County of Contra Costa, California.
5 I am over the age of eighteen years and not a party of the
6
within entitled cause; my business address is 565 Ygnacio
7 Valley Road, Suite 300, Walnut Creek, California 94596.
8 �
On February 1, 1990, I served the attached AMENDED CLAIM
9
FOR PERSONAL INJURIES SECTION 910 OF THE GOVERNMENT CODE
10 PREVIOUSLY FILED ON JANUARY 11, 1990 on the interested parties
11
in said cause, by placing it via first class mail, postage
12
prepaid, addressed as follows:
13 Mr. Philip F. Altoff I
14 Deputy County Counsel
P.O. Box 69
15 Martinez, CA 94553-0116
16
I declare under penalty of perjury under the laws of the
17 State of California that the foregoing is true and correct,
18 and that this declaration was executed on February 1, 1990,
19 at Walnut Creek, California.
20
21
22 ..
3 Loretta R. Varni
w
24
25
26
27
28
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 February 13, 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: $2,000,000.00 Section 913 and 915.4. Please note all "WaOdAt/ Counsel
CLAIMANT: DOCIMO, Marlene JAN 12 1990
ATTORNEY: Mr. Charles Nicholas Cuda Martinez. CA n4553
Attorney at Law Date received
ADDRESS: 565 Ygnacio Valley Rd. , Ste. 300 BY DELIVERY TO CLERK ON January 12, 1990
Walnut Creek, CA 94596-3828
BY MAIL POSTMARKED: January 11, 1990
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: January 12, 1990 UVIL BAATTCHELOR , Clerk
149;4-
II. FROM: County Counsel TO: Clerk of the Board of S&pervisors
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: _!of /96 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
( ) 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: FEB 13 1990 JR
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 1 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: FEB BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Ma ne Docimo
c/o Ch es Nicholas Cuda
Attorney a aw
565 Ygnacio Va Rd. , Ste 300
Walnut Creek, CA 6-3828
Re: Claim of MARLENE DOCIMO
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.
x 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.
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. WESTMAN, County Counsel
B Qi�
Y:
Deputy o my Coun 1
CERTIFICATE OF SERVICE BY MAIL
C.C.P. 95 1012, 1013a, 2015 .5; Evid. C. 66 641, 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: — C�— , at Martinez, California.
cc: Clerk of the Board of Supervisors ( iginal)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910. 8)
Claim of MARLENE DOCIMO )
CLAIM FOR PERSONAL INJURIES
VS. SECTION 910GOVERN
CODE
EI
COUNTY OF CONTRA COSTA = REC
JAN 12 1990
PHIL BATCHELOR
TO THE COUNTY OF CONTRA COSTA: CLERKSOARDOF -.::.OR,
CONTRA CO De ut
e ....................
YOU ARE HEREBY NOTIFIED that MARLENE DOCIMO, those a d ess is
300 Victor Court, Mokelleume Hill, California claims damages from
the County of Contra Costa and the State of California in the
amount of $2 , 000, 000. 00, computed as of the date of this claim.
This claim is based upon the injuries claimant suffered while
riding as a passenger in a vehicle operated by ALISA BRYCE when the
vehicle hit a monument located alongside of Highway 4 at Balfour
Road in Brentwood, California. The highway was negligently
designed and maintained. Claimant suffered severe injuries,
including but not limited to severe facial cuts which have resulted
in extensive scaring. ALISA BRYCE was killed in the accident.
The names of the public employees who may have caused
claimant' s injuries are unknown at this time.
The accident claimed, as of the date of presentation of this
claim are computed as general damages; claimant' s current medical
bills are in excess of $12 , 000. 00, future medical undetermined,
wage loss, is undetermined, at this time.
All notices or other communications with regard to this claim
should be sent to claimant c/o Charles Nicholas Cuda, Esq. , 565
Ygnacio Valley Road, Suite 300, Walnut Creek, California 94596.
DATED: January 11, 1990
A" F
i
By:
CHARLES NICHOLAS CUDA
Attorney for Claimant
PROOF OF SERVICE BY MAIL
(C.C. P. 1013a, 2015. 5)
I declare that:
I am employed in the County of Contra Costa, California.
I am over the age of eighteen years and not a party of the
within entitled cause; my business address is 565 Ygnacio
Valley Road, Suite 300, Walnut Creek, California 94596.
On January 11, 1990, I served the attached CLAIM FOR
PERSONAL INJURIES SECTION 910 OF THE GOVERNMENT CODE on the
interested parties in said cause, by sending a true copy
thereof via first class mail, postage prepaid, addressed as
follows:
Board of Supervisors
County of Contra Costa
651 Pine Street, Suite 106
Martinez , CA 94553
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct,
and that this declaration was executed on January 11, 1990,
at Walnut Creek, California.
Loretta R. Varni
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CLAIM Z
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 February 13 190
and Board Action. All Section references are to ) The copy of this document mailed to you is your notife o
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant tonnvernment Code
Amount: $25,000.00 Section 913 and 915.4. Please note all 1Q aY%Xsgounsei
CLAIMANT: FISHER, Odile JAN 12 1990
ATTORNEY: Mr. Carl B. Metoyer
Date received Martinez., CA P-4553
6014 Market Street
ADDRESS: Oakland, CA 94608 BY DELIVERY TO CLERK ON January 11, 1990
BY MAIL POSTMARKED: January 10, 1990
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: January 12, 1990 JVIL DepputyLOR, Clerk
I1. 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 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: ) 13o 1 p 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).
1V. 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: FEB 13 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code sec ion 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: FEB 1 3 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of. action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes. of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553•
. C. If claim -is against a district governed by the Board of Supervisors, •rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims. must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By ) ReseryP(L.-for. Mar."LA 911ing stemp
ODILE FISHER ) j' RECEIVED
Against the County of Contra Costa )
J AN 1 1 1990
or ) PHIL BATCHELOR h
CIFRr.BOARD OF SUPERVISORS
N COSTA CO.
B ... De ut
.....
District
yJ
Fill in name )
The undersigned claimant hereby makes claim .against the County of Contra Costa or
the above-named District in the sum of $ 25, 000. 00 and in support of
this claim represents as follows:
-------------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
November 11, 1989 at approximately 11 :15 a.m.
2. Where did the damage or injury occur? (Include city and county)
On the sidewalk on the north side of Oberlin Avenue, Kensington, CA,
just west of the driveway leading to the property at 663 Oberlin
-----aupenue,P Zen L.siugtnn*- ----------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required) I was walking to my automobile which was parked on the north
side of Oberlin Avenue; facing west, at a point just west of the
driveway leading to the real property at 663 Oberlin Avenue, Kensington,
CA. As I was walking west on .the sidewalk located on the northern side
-------------------------�SEF-1 AZUMENZ)-----------------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
Failure to repair the sidewalk on the northerly side of. Oberlin Avenue,
in the area where I sustained my fall, or to cause its repair by the
adjoining property owner.
(over)
5. What are the names of county or district officers, servants or employees causing
the damage or injury? Unknown.
-------------------------------------------------------------------------=----------
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Injuries to my right leg,' ankle, left knee and left foot.
Medical expenses and lost wages. .
-------------------------------------------------------------------------------------
7. How .was the amount claimed above computed? (Include the estimated amount of any
prospective in jury.or damage.) LOST WAGES - $400 -001. - GENERAL DAMAGES -
PAIN. AND SUFFERING - $24 , 600 . 00
------------------------------------------------------------------_---_----------------
8. Names and addresses of witnesses, doctors and hospitals.
ELEANOR PAYTON, 663 Oberlin Avenue, Kensington, CA;
RUFUS FISHER, 4017 Sequoyah Road, Oakland, CA;
OAK KNOLL NAVAL HOSPITAL, Oakland, CA
NAVCARE CLINIC, 8450 Edes Avenue, Oakland, CA 94621
-------------------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES.TO: '_ (Attorney) or by so_W person on his behalf."
Name and Address of Attorney
CARL B. METOYER By
Attorney at Law Claimant tune
6014 Market Street CARL B. METOYER, Claimant' s Attorney
Oakland, CA 94608 :.:. :
Address
6014 Market Street
Oakland,- CA94608
Telephone No. (415) 658-1077 Telephone No. (415) 658-1077
* * * * * * * * * * * * * * *
N O T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
ATTACHMENT to 3 . - (Continued)
of Oberlin Avenue, my heel caught in a crack in the sidewalk,
causing me to fall. to the sidewalk.
LAW OFFICES OF CARL B. METOYER
leor 6014 Market St. - Oakland, CA 9460 •
VED
I
J A N 1 1 1990
CLERK ECiARD OF PERVISORS _
CONTRA COS Oe u
ems.......... . .
To Clerk of the Board of Supervisors Date January 10, 1990
County Administration Bldg. , Room 106
651 Pine Street Subject Claim of Odile Fisher
Martinez , CA 94553 D/Injury: 11/11/89
Gentlemen:
Enclosed herewith is an original and two copies of a Claim relative
to the above-noted matter. Please file the Claim and return two (2)
endorsed filed copies of same to us in the return addressed stamped
envelope.
Thank you for your cooperation in this matter.
Ver,Vtruly_v ours
CARL B. METOYER
CBM/cc
Encls.
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LU U) 2 CONTRA COSTA CO.
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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 February 13, 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 ecFe fnment Code
Amount: :-.Undetermined Section 913 and 915.4. Please note all "WaWiRgur
CLAIMANT: GONSALVES, Susan JAN 1 1990
kesti,,e2. Ca
ATTORNEY: Mr. Nick Lymberis `63
Attorney at Law Date received
ADDRESS: 111 North Market St. , Suite 1010 BY DELIVERY TO CLERK ON January 12, 1990 (hand delivered)
San Jose, CA 95113
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. ppHH gg
DATED: January 12, 1990 BYIL DeputyLOR, Clerk
OF 9a
11. FROM: County Counsel TO: Clerk of the Board of Sup 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:
i
Dated: BY: J 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).
1V. BOARD ORDER: By unanimous vote of the Supervisors present
(fes ) 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: FEB 1 3 990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code sec ion 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: FEB 11 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
t
Claim of Susan Gonsalves CLAIM FOR PERSONAL
INJURIES (WRONGFUL DEATH)
V. (Government Code Section 910)
County of Contra Costa � MMM
RECEIVED
/,/)-. /0 a-�47-
JAN la 1990
To: CLERK OF THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA PHIL WCHEwLOR
"651 Pine Street, Room 106] UERK BOARDf Of SW.fMSon ;-
Martinez, CA 94553 _`� �'� ce .... owrt�
You are hereby notified that Susan Gonsalves, whose
address is 1904 E. Chippewa River Rd, Midland, MI 48640, claims
damages from the County of Contra Costa and the Contra Costa
Sheriff 's Department (hereinafter collectively referred to as the
"County") .
1. This claim is based on personal injuries and the
resulting wrongful death sustained by claimant's late husband
William Gonsalves, on or about July 14, 1989, at or near the end
of Avila Road, approximately 1.2 miles East of Willow Pass Road,
in the . unincorporated area of the County of Contra Costa,
California. On or about that time and place, Mr. Gonsalves was
seriously injured and, as a result, thereafter died, in an
automobile accident caused in whole or in part by an unreasonably
dangerous condition of the roadway and the negligent conduct of the
County and its employees, to wit:
a. The County and employees of the County had
negligently designed, constructed and maintained said portion of
Avila Road and the surrounding area so as to pose an unreasonable
risk of injury to drivers on said road in that the road ended
abruptly, without sufficient or adequate warning, and in such a way
that the topography and conditions of land immediately following
the dead end was extremely dangerous to persons who could not stop
at the end of the road, and further, the roadway, signs and speed
limits, as constructed and designed were inherently misleading to
drivers with respect to the existence and whereabouts of the dead-
end. Because of each of the foregoing attributes, the road was in
an unreasonably dangerous condition at the time of the accident,
which the County knew to pose an unreasonable risk of injury and
death to persons using said road.
b. In addition to the foregoing, it is alleged that
deputy sheriffs of the Contra Costa County Sheriffs department were
negligent in attempting to extract Mr. Gonsalves from the wrecked
vehicle in that they did so without due care and in such a way so
as to cause further injury to Mr. Gonsalves and death, and further,
that they administered cardiopulmonary resuscitation to
Mr.Gonsalves even though he plainly had suffered substantial chest
CLAIM OF SUSAN GONSALVES 1
r
CLAIM OF SUSAN GONSALVES
(continued)
injuries, and said sheriff deputies knew or should have known that
the administration of CPR in such situation poses an unreasonable
risk of death and injury to the victim. It was therefore negligent
to administer CPR under the circumstances known to the deputies at
the time of the accident.
C. It is further alleged that the County and employees
of the County negligently hired, trained, maintained, employed and
supervised its aforementioned employees, all of which directly
resulted in the foregoing accident, injuries and death.
d. As a direct result of the foregoing negligent design,
construction, maintenance, unreasonably dangerous condition and
failure to warn, and the negligent conduct of the county and county
employees, including but not limited to the deputy sheriffs, Mr.
Gonsalves ran off the end of Avila Road at or about the above
stated time and place, he was injured, his injuries were
exacerbated and Mr. Gonsalves died as a result thereof.
2 . The names of the public employees .causing claimant's
injuries under the described circumstances, in so far as they are
known, are Does 1 to 30.
3 . The injuries sustained by claimant, as far as known,
as to the date of presentation of the claim, consist of the
following: Claimant has suffered emotional distress, pain and
suffering, medical expenses, funeral expenses, and she has lost the
company, consortium and support of her late husband Mr. Gonsalves.
4 . Jurisdiction over this claim would rest in Superior
Court. Pursuant to Government Code Section 9101 the amount of
damages claimed is not stated.
5. All notices and other communications with regard to
this claim should be sent to claimant's attorney as follows:
NICK LYMBERIS
ATTORNEY AT LAW
111 North Market Street
Suite 1010
San Jose, CA 95113
Dated:- .
NICK LYMBERIS
Attorney for c imant
NL14M136
CLAIM OF SUSAN GONSALVES 2
` CLAIM JAN � `� �g
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Ma ftin e—; G ``45 5 j
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 13, 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: $315.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: BROWN, Ricky
ATTORNEY:
Date received
ADDRESS: c/o Tonya Jackson
BY DELIVERY TO CLERK ON January 19, 1990 (hand delivered)
160 Corte Maria
Pittsburg, CA 94565 BY MAIL POSTMARKED:
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim,
JJIL BATCHELOR, Clerk
DATED: January 19. 1990 : Deputy
II. 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 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: / �q I�1(� 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 o.f the Board's Order entered in its minutes for
this date.
Dated: FEB 1 3 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code sec n 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: F E B 13 l1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
BOARD OF SUPERVISORS OF. CONTRA CDFejur-92R,7wappllcatlon to:
Instructions to Claimant OerVoll-heBa-ard
P.0,Box 911
MATU-neZ.CAMOMil 94553
A Claims relating to causes of action. for death cz XOX :Lm@ury to
person or to personal property or gzovi_ng c-ropes W- ast be presented
not later than the 100th day after tbe. acn_—aal of the -cause of
action. claims relating to any othie�r cause:, of act-ion.. must be
presented not later than one year a±tex 'the acc=zzl. of -the cause
of action. (Sec. 911. 2, Govt. Codet
B. Claims must be- filed with the Clerk of t- be Board =oma Supervisors
at its office in Room 106 , County ..:Aa,,m-'Lnis.trati,,o.n Building, 651 Pine
Street, Martinez , California 9455K
C. If claim is against a district goy-meed by the Bnard of Superviso-rs ,
rather than the County, the name of -the Di.:s--t=:i=t stomlld be filled in.
D. If the claim is against more than vne p tic emr-tity" Se'paxate claims
must be filed against each..public emltlty_ ..-
E. Fraud. See penalty for fraudulent c_1-z_Jms, :Pe.=41 Code Sec- 72 at end
of this form.
RE: Claim by !,�Mp_s-gryed -fror stamps
RECPYED
JAN 19 1990
Against. the '£OUNTY OF CONTRA COSTA)
Z3
fwk"TCWROI
D F SUPEAWK01S
U-1 R I CT CtftK COAR 'SU""
:�jAA, 10jSA CC
(Fill in name) ...... gas,
. The undersigned claimant hereby malzzes c1adLm acraimst the coun-ty of Contra
Costa or the above-named District in the :snm of t$_-._4:w�Mvr---7-
and in support of this claim repre-;ents as Lallkowsz
---I------- ----------------i-- ,.,r? -—nd------ -
1. When did the damage or nDury )cc,, TGi-7. e, exa.c-L dalte, -a- hour) ---
_2" -----I - --- -
2. Where did the damage inj-Hry occ=..-? Clmriluude city •end-county)-
3, How did the damage or injury odetall, S,occur? (jG117e ±z3_L_ use extra
sheets if
------------ ——--- --------- -
cular act or omission om ,be paxt of c(Dmm. ty or district
officers , servants or employees cattsi_-d the. im-4mm27 :o-r damage?
U-4-N (1 6
(over)
1
'.:5.:.4 iat• ar.e.:the..names of county or district officers, servants or
{' i employees causing the damage or injury?
Eft
6. What damage or injuries do you claim resulted. (Give full extent -
of injuries or damages claimed. Attach two estimates for auto
damage)
p{y�= �rl%,� ���� C,�fl� ��So , 0 0 oN�� Q ,4� Sc� C`��F�las
;�t�L l�2�Joc,\� '�c NNIS S�1eeS �S .00 ' bnti '��;
7 . How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
8. -
names ana addresses of winesses , doctors and hosaitals
9 . Lict_. ''2e exd�e _ es you made on account of this accident or injury:
T 1 TE2d AMOUNT
f r .r�aaw:aa
Govt. Code Sec. 910 . 2 provides :
"The claim signed by the claimant
SEND_:. NOTICES TOS:. (Attorney) or by some Gerson on his behalf."
Name and Address of "Attorney
C imant ' s Signature
/a 1 \I
AddLets
Telephone No. - Telephone No.
NOTICE
Section 72 of the Penal Code provides :
"Every person who, with intent to defraud, presents for allowance or
for payment to any state. board or • officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or may
the same if genuine, any false or fraudulent claim, bill, account , voucher, :
or writing , is guilty of a felony. "
County Counsel
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JAN 1 - 19/90
9 y. 9 y •+�nQ . CA .1"%553
Claim Against the County, or District governed b ) B0. ,,. �...
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 13, 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: $50,000.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: VILLANDRE, John E.
ATTORNEY: Stanley Pedder Esq.
Malott, Pedder, Stover & ?.,. .., .._,.;:.Date received
ADDRESS: Hasseltine BY DELIVERY TO CLERK ON January 18, 1990
3445 Golden Gate Way,
Lafayette, CA 94549 BY MAIL POSTMARKED: January 17, 1990
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
January 19, 1990 PpHIL BATCHELOR, Clerk
DATED: B�: Deputy
II. \FROM: County Counsel TO: Clerk of the Board of Supervisors
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: y 1-1 196 BY: - S_ � 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
(1/1 Claim is rejected in full .
( ) Other:
I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for
this date.
Dated: FEB 11 1990 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: FEB 13 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
MALOTT, PEDDER, STOVER, HESSELTINE & WESTCOTT
ATTORNEYS AT LAW
RICHARD A. MALOI l NEVADA CITY OFFICE
STANLEY PEDDER 3445 GOLDEN GATE WAY WASHINGTON STAR ROUTE
JOHN A. STOVER POST OFFICE BOX 479
NEVADA CITY, CALIFORNIA 95959
W. G. HESSELTINE (916) 265-4835
DAVID V WESTCOTT LAFAYETTE, CALIFORNIA 94549-0479
CAROLE R. HEBERT (415) 283-6816 1
TIMOTHY B. WALKER i j1
ROBERT J. PEDDER, ryYvir
1 !I }�
OF COUNSEL January 15 , 1990 h-,�� fi� A�
y J AN 18 1990
Clerk of the Board of Supervisors
Room 106 , County Administration Building
1 C1Ut, :;OARDl:rS!IlEd\'!cORS
651 Pine Street ` = "CO peU
Martinez , CA 94553 5
RE: Villandre v. County of Contra Costa
CASE NO. :
ENCLOSED HEREWITH ARE THE FOLLOWING:
Claim
These are furnished for the purpose designated below:
. ( X ) Filing and return of conformed copies in the enclosed
envelope.
( ) Enclosed is our check in the sum of $ for
( ) Filing Fee ( ) Recording ( ) Certifying
( ) Signature of the Court, filing of original and return of
conformed copies to us in the enclosed envelope.
( ) Your signature and return in the enclosed envelope.
( ) Entry of Default, filing and return of conformed conies
in the enclosed envelope.
( ) Other
Very truly yours ,
MALOTT, PEDDER, STOVER,
HESSELTINE & WESTCOTT
/I &A-
By: t
NE M. KEITH
Enclosures
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553•
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. Tf the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
JOHN E . VILLANDRE ���$ y��•.,
�1�+
) I =
Against the County of Contra Costa ) J AIN 18 1990 =
or ) _
';ATCHELOR
:
"F SUPERVISORS -
District) t :osra co.
Fill in name
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 50, 000 . 00 and in support of
this claim represents as follows:
-------------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
November 27 , 1989 , at 8 : 30 a.m.
----See attached Traffic Collision Re ort
-----------------------------------1---------------------------------------
2. Where did the damage or injury occur? (Include city and county)
I-680 , S/B, Walnut Creek , Contra Costa County.
-------- -See attached Traffic Colli.si:on Report
---------- -----------------------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
See attached—Traffic Collision Report
------------------------------------------------------------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
See attached T.rdffic Collison Report
(over)
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
CHRISTINE LYNN DEAN - Contra Costa County Sheriff
6. What damage or injuries .do you .claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Suffered neck & upper back injur=ies . See attached estimate .
-------------------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Amount not known at this time . Under treatment with Chiropractic
Associates. See attached note .
------------------------------------------------------------------------•-------------
V. L4G1111%ZJ a.L1U Oulu C.JJC:J Vi Al UVV VVl J 011e alV iJt./1 VOLJ.
Chiropractic Associates , 1981 North Broadway, Suite 120 ,
Walnut Creek, CA 94596
Jerome H. Davis , M.D. , San Ramon Valley Orthopaedic Group, 907 San Ramon
Valley Blvd_, Suite 202 , Danville CA 94526
------ - ----------Z--------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Auto deductible (for repair) $250 . 00
Medical Bills., Unknown at this time.
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf."
Name and Address of Attorney
STANLEY PEDDER, ESQ.
MALOTT , PEDDER , STOVER & Clai is Signature
HESSELTINE STANLEY PEDDER , ESQ.
P. 0. Box 479 MALOTT ,PEDDER, STOVER & HESSELTINE
Lafayette , CA 94549 Address
3445 Golden Gate Way, P.O. Box 479
Lafayette , CA 94549
Telephone No. 415/283-6816 Telephone No. 415/283-6816
N O T I C E
Section 72 of the Penal Code provides: .
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
TRA►.F!C COLLISION REPOR ePAM ,.
H[ K NUM.[R IT JUDICIAL OMSTR ICT OCAL UrORT NUYBKR
-�°"°Iu�Y - --
L� iCs�Z y N .[R HIRUNwrr a ReoDISTRICT .ur
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3COL LM4 H OCCURRE9 ON//��nn C m DAr rLMt(BIee) NCHC aOF19C[R l 0.
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MILEPOST INFORMATION 69 DAY Or*1141K TOW AWAY, pH10TOGRA/1A BY:
u `�
S 7 MTWTFS Ort. ON* �� �nS�
joAr LNTIRs[ vm BTAn HLrr REL J//ov -
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PARTY DRIVER'S LICiNSE NUMBER STATE CLAM BAFM VEK TSAR MAUI NOMI COLOR ` NUMBER [TATE
DRIVER 7JAYa FIR.T.NOOIt.LAST)
0 ��hu-) blnAILLANI
PEDIS- ATM
[M OVINE"NAYYE[ ®.AAS DRIVER
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NCT. on HAIR tY[. NOGNT roGNr (BIRTHDATE RACK DIE►OMTIONOFVENICLAONORDERSOP. 0OfNCER UIWM OOTHM
cur � rtAR
❑ I —
bIRWpil NOM
OTHER HOU[PHONE SuSpJSM P`JHONE 71BOR MECHANICAL DEFECTS: NONE APPARENT REFER TO W munvol
❑ W� i LU Io —9 ) 13 CNP WE ONLY O�ABKVtMCLt OAYAOt BNADE W DAMAGED AREA
VEHICLE TYPE
YdURANCE CARRIER POLICY NUMBER ll ,-L El—
KI ❑ OOYAJOR �1/NAL011
DIR OP ON.MRiIFNI HIGHIWAr .PEED PCF LoCQ '
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PARTY D1VvtR1 LICUA[NUMBER STATE CLAM SAFETY vm YEAR MAKE IMODI LI COLOR �ICEHSE NUMBER .TATE
t r.
2 B� CI. . y� . .�JK E4.�5 o'i'1.�
ONVER -NAME(FIRST.SBODI[.LAST)
FIDES- ZTRUT ADDRESSOWNERS NAME ❑SAYE AS DRIVER
TRIAM
❑ la0 f)0 ky(� H (ZeFk RhAtb C o w`1T`1 OV . Co WIFEA G 4 T;
PARKED .TAT[/LP OWNER'S ADORES. ❑SAME A.DRIVER
VEHICLE
NCP• SES HAIR ETA MERGHR WEIGHT BIRTHDATE RACE DISPOSITION OF v[NCLIONORDERSOF: �ORMCER (QORIVER 0OTN[ll
CUNT YO. DAY I YEAR u (�
-0 Li
OTIf R NOM[PHONE I BUS""PRION[ PIS011 YfCHANICAL DEFECTS: NDN[APPARENTUP[R TO NARRATIVE❑
❑ (q 1� ) 1^�� � / C 4P US[ONLY DESCRIBE VEMCLE D.MIAOE WADE W DAMAGED AVIA.
��KEEJJJ 1 HHHLLL!!! [[JJ�� 000��� WIHICLEn►t �I
INSURANCE CARRIER POLICY NWLB[R Ou1.0 NONE pV,rH
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OIIL M Oow HIGHWAY .TEED F ICC Q ,
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!L 7/J. CwQ
PARTY D1Vv[R-S UCENN NUMBER .TATE CLASS SAFETY VEAL MAKE AKE IMODEL I COLOR J.JCENfI NUMBER STATE
Gulp.
3 [ _
i DRIVER NAME(FIRST,YDDLE.LAST)
PEDES- -STREET ADDRESS OWNER'S/NMI []SAME AS DRIVER
TftAN
❑
PARKED CITY ISTATE/ZIP OWNERS ADDRESS SAYE AS DRIVER
VEHICLE . - ..
MCT. SEI NAIR EYESNE/GHT WUGNT SIO.
O IM DATATIE r[A1H RAC[ DISPOSITION OF VEHICLE ON ORDERS OF: []OFFICER ODPJVER []OTHER
CUST
%
OTHER NOMa PHONE BUSINESS PHONE PROR MECHANICAL DEFECTS: NONE APPARENT ••REFER TO NARRATIVE[]
❑ ` , ( , CHP USE ONLY FFT
CL[DAMAGE SHADE W Yf EUOAAD ARmcfa MINOR
IMURANCI CARRIER POUCTNUMSR/ . .. V[NCL[1rK YA.gII TOTAL .
OIKOP JONST11116TORNOMWAV SPEED ICP ICCQ ,
TRAVEL OMIT PUCQ
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PREPARER7 NAME
JV�W DISPATCH NOTIFIED jREvIEwIER-SNAml
OAT[^REVIEWEDn
cl W O VES 13 NO C3 NU C.r�i.l GrG7G 1P'+► 1`�V �1
CHP 65S PAGE 1 (Row 18B) OPI 042 88 48067
STATt A/CALIR)W"A
'TRAFFIC COLLISION COD(_
oKrr of oLusloN Trt Imo. NC1C MuwtA L o rums"',oAv vtA�
i
•
PpOPERTY 4WNER6 N/Wt/ADO u
Nonr+to
11- 0 40
DAMAGE IDIESCourno"oPDAM"Jil
SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEHICLE
OCCUPANTS L-AIR SAO DEPLOYED �'C■ICYC c_NCI rICT 0•NOT EJECTED
- A•NONE IN VEHICLE M•AIR SAO NOT DEPLOYED DAFM 1•FULLY EJECTED
B-UNKNOWN N-OTHER V-1110 2•PARTIALLY EJECTED
C-LAP BELT USED P.NOT REGUIRED W-7u 3-UNKNOWN
T-DRIVER D•LAP BELT NOT USED
2 3 2 TO 6.PASSENGERS E-SHOULDER HARNESS USED PASSENGER
4 5 6 7-STATION WAGON REAR F-SHOULDER HARNESS NOT USED CHILD RESTRAINT X_110
6•REAR OCC.TRK OR VAN G-LAP/SHOULDER HARNESS USED 0_IN VEHICLE USED Y-YES
s•POSITION UNKNOWN H-LAP I SHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED
� 0-OTHER J•PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN
� K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE
U-NONE IN VEHICLE
ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE
PRIMARY COLLISION FACTOR CONTROL DEVICES 1 ,� 3 TYPE VEHICLE ' 2 3 MOVEMENT PRECEDING
UST NUMBER(s)OF PARTY AT FAULT COLLISION
s AVC SECTION VIOLATED: p��MI gCONTROLSFUNCnONNG APASSENGERCAR/STATION WAGON ASTOPPED
NO B CONTROLS NOT FUNCTIONING• B PASSENGER CAR W/TRAILER B PROCEEDING STRAIGHT
B OTHER IMPROPER DRIVING•: CONTROLS OBSCURED C MOTORCYCLE/SCOOTER IC RAN OFF ROAD
D NO CONTROLS PRESENT/FACTOR K D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN
C OTHER THAN DRIVER• TYPE OF COLLISION E PICKUP/PANEL TRUCIK W/TRAILER E MAKING LEFT TURN
D UNKNOWN• HEAD-ON F TRUCK OR TRUCK TRACTOR F MAKING U TURN
s E LLB SIDESWIPE GTRUCK/TRUCK TRACTOR W/TRLR. G BACKING
(;REAR END H SCHOOL BUS H SLOWING/STOPPING
WEATHER( MARK I TO 21TEMS) D BROADSIDE I OTHER BUS
I PASSING OTHER VEHICLE
gCLEAR E HIT OBJECT J EMERGENCY VEHICLE J CHANGING LANES
B CLOUDY F OVERTURNED KHIGHWAY CONST.EOUPMENT K PARKING MANEUVER
C RAINING G VEHICLE/PEDESTRIAN L BICYCLE L ENTERING TRAFFIC
D SHOWING R OTHER•: MOTHER VEHICLE
MOTHER UNSAFE TURNING
E FOG/VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN N XING INTO OPPOSING LANE
POTHER': ANON-COLLISION 0 MOPED OPARKED
G VINO PEDESTRIAN P MERGING
LIGHTING >QC OTHER MOTOR VEHICLE 0TRAVELING WRONG WAY
q DAYUGHT D MOTOR VEHICLE ON OTHER ROADWAY OTHER ASSOCIATED FACTOR(S) IR OTHER•:
B DUSK-DAWN E PARKED MOTOR VEHICLE 1 2 3 (MARK 1 TO ITEMS)
CDARK-STREET LIGHTS FTRAIN ZE
CTWNVIOLAMN: arfo
D DARK.NO STREET LIGHTS G BICYCLE OO O
DARK.STREET LIGHTS NOT ANIMAL: CT10NWOUTIOM: Ano
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The enclosed materials are provided by
The Riverview Fire Protection District
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(415)757-13W
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JIM HILL
_ Assistant Fire Chief
��TBCTION
iverview
1500 WEST FOURTH STREET nRB PR CTIOAT
ANTIOCH,CA 94509 DI,STRlCT
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FLAIL BATCHELOR
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CLAIM C°;3i.Inty v0urls l
BOARD :OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOAR ,. G,T ON7 "053
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 3 99
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: $25,000.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: KRAUCYK, Jean
ATTORNEY: Mr. Joseph E. Canciami.11a
Sanders, Dodson & Rives Date received January 17, 1990 (via Risk Mgmt.)
ADDRESS: 2211 Railroad Ave. BY DELIVERY TO CLERK ON
Pittsburg, CA 94565 •
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
ppMMIL BATCHELOR, Clerk
00,
DATED: January 19, 1990 BY: Deputy
II. 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 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: / (�� �C) BY: 0 / Deputy County Counsel
i
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 Superviscrs present
( Por 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. o
Dated: FEB 13 199 0 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code sec 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: F E B 1 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
JAN I n 1990
L�51'FIRE j;I v j'
PRO'i ECTION DISTRICT RECEED
T �
CLAIM AGAINST PUBLIC ENTITY- AN 17 ,1990
-
Phn eAX Of
ICIJUIOAR i 1E
TO: RIVERVIEW FIRE PROTECTION DISTRICT 'Z a
1500 W. 4th Street
006
An= ocn, CA 94509
'Ty,
JEAN KRAUCYK, hereby makes claim against the CITY OF
caivT illi ly an,' RiVER�,'I E.7 FIRE PROTECTION DISTP.I CT, for the sun of
$25,000. 00 and makes the following statments in support of the
claim:
1. Claimant's post office address is: Rt 2 , Box 235,
Brentwood, CA 94513 .
2 . Notices concerning this claim should be sent to:
JOSEPH E. CANCIAMILLA, SANDERS, DODSON & RIVES, 2211 Railroad
Avenue, Pittsburg, CA 94565.
3 . The ;date and place of the circumstances giving rise- to
this-claim are::
a. Date: September 26, 1989.
b. Place: Sidewalk outside of the Riverview Fire
Station near 10th Street in Antioch, CA.
4 . The circumstances giving rise to this claim are as
follows: The City and Fire District maintained a sidewalk
outside the station in a dangerous condition in that it was
cracked and uneven and protruded into an area normally traversed
by pedestrians, including claimant. Claimant while walking along
the street fell after tripping on the sidewalk.
5. Claimant's injuries consisted of multiple contusions,
bruises, sprains to the ankle, knee, and wrist.
6 . The names of the public employees causing the
claimant's injuries are unknown.
7 . Claimant's claims as of the date of this claim is
$25 , 000 . 00 .
8. The basis of the computation . of the above amount is as
follows:
Medical expenses to date
approximately . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,500. 00
Estimated future medical
expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unknown
Impairment to earnings
capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unknown
General damages. . . . . . . . . . . . . . . . . . . . . . . . . . $23 ,500 .00
$25,000.00
Dated: January 8, 1990
SANDERS, DODSON & RIVES
BY•
H 0. dCANCIAMILLA
torney for Claimant
RVj�,�
RIVERVIEW FIRE 0 C PROTECTION DISTRICT
1500 W.FOURTH ST. ANTIOCH,CALIFORNIA
INCIDENT REPORT
OCCUPANT NAME RELATIONSHIP Y AR INCIDENT NO.
ADORESO INCIDENT1�
C:T PHONE: HOME❑WORK❑CONTACT❑
0 It
OWNER NAME ADDRESS CITY PHONE: HOME❑WORKOCONTACTO
A. INFORMATION (PAGE 11)
FIRE DEPT. I.D. EXP.NO. TIME MONTH DAY YEAR Day CITY STTA.NO. ALARM ALARMS AREA CODE
07005 i � ,� 3v � z6FS t11 0111811 �� � � 0 `2-
B. INCIDENT,CONDITION, RESULT & CONTROL (PAGE 13)
CODE TYPE OF INCIDENT CONSTR DATE CODE CONDITION ON ARRIVAL
1. o/ Pre 72 Post 71 2
Ill--] 2❑
CODE RESULT OF ALARM CODE HOW FIRE CONTROLLED
3 4
C. PROPERTY CLASS & TYPE (PAGE 18)
CODE PROPERTY CLASSIFICATION (INDIVIDUAL) CODE PROPERTY CLASSIFICATION (COMPLEX)
1 1 12
Prop. Prop. I Bldg. lExt.Wall Int.Wall Floor/ rRa
ire
3 Mgmt. Type No Stories Roof ted
D. ORIGIN, IGNITION & CAUSE (PAGE 37)
CODE LEVEL OF ORIGIN CODE AREA OF ORIGIN
1 1 1 2 1 1
CODE TYPE OF MATERIAL FIRST IGNITED CODE FORM OF MATERIAL FIRST IGNITED
CODE SOURCE OF HEAT CAUSING IGNITION CODE FORM OF HEAT CAUSING IGNITION
5 1 6 1 1
CODE ACTOR OMMISSION CAUSING IGNITION CODE CAUSE OF FIRE
8 1 1
E. SPREAD (PAGE 61)
CODE MAIN AVENUE OF FIRE SPREAD' CODE TYPE OF MATERIAL CAUSING FIRE SPREAD
1 2
3
CODE FORM OF MATERIAL CAUSING FIRE SPREAD 4 CODE ACT OR COMMISSION CAUSING FIRE SPREAD
CODE MAIN AVENUE OF SMOKE SPREAD
5
F. PROTECTION FACILITIES (PAGE 74)
Sprinklers Standpipes Port.Exting. Priv.Brigade Spec.Protect. Signal/Warning Svstem Watchmn Separations
Type Effect Type Effect Type Effect Type Effect Type Effect Type Effect Activ. Detec. Effect Type Effect Cause of failure
—41
a b c d e f g h i j k I m I n I o p q
G. RESPONSE & HOSE STREAMS (PAGE 81)
STATION APPARATUS STATION HOSE STREAMS AT SCENE
Engs. Trks. PW/ Boat Personnel B.S. None 2214" 11/2" 211z" Master Fjyd. Foam Chief FPB P.D. tp.t8er
T. 2
1 / W. Lines 3
a b I C d e f a b C d e f g a b c d
H. LOSS PROPERTY & PERSONS PAGE 82
FirefighterCivilians CODE LOSS PROPERTY CODE LOSS CONTENTS
Injured deaths Injured deaths 2
SFM FORM GO-1 SUBMITTED FOR EACH SERIOUS
3 INJURY OR DEATH CHECK BOX IF YES
RFP-101
i
i __ 44.44...................__.
I. VEHICLE (PAGE 83)
CODE TYPE OF VEHICLE CODE MAKE FUEL/POWER MODEL YEAR LICENSE NO. STATE ..•
J. HAZARDOUS MATERIAL(PAGE 86)
CODE CLASS CODE TYPE CODE REASON CODE LOCATION
K. RESCUE (PAGE 87)
CODE TYPE RESCUE CODE RESCUE LOCATION
1 2
CODE D PROVIDED PRPR TO ARRIVAL BY CODE NUMBER OF VICTIMS
31116 14 6 ( tp,�
CODE Fib-PERSONNEL IN AMBULANCE CODE NO.PARDICS AT SCENE
5 6 51 e2j
CODE REASON NO SERVICE GIVEN
7
L.VICTIM DATA(PAGE 90)
ENG CCIMPANY MEMBERS
a b c d e f g h i j k I m n o p q r
i=lm,Y--A ✓/-r
2 J >
Q
it
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¢ W IY W n Z
O
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J ~ F
¢ 2 LL W a a a
MEMBER IN AMBULANCE 0 00
Q D >
to a > ¢ O 00D Q Z a
F F j 0 W a m y Q LL O
F O O ¢
'2 D m > Q U J F- F J N OLL
Q F
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Z F 0
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W W x U _ W ut 0 Q a ut ar F• H ut rn n
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VIC IM NAME AGE
la U C S�6S(3 �z i 2 62 D� O iy Jo
iVICTIM NAME 2 AGE
I
VICTIM NAME AGE
;3
VICTIM NAME AGE
14
M. REMARKS(PCGE 97)
C
�j�S�► R�y i.\ r� ( l4 K S.j Era Cas a >; t6- .
.i\Ltd V LU
JAN 17 149(1
ENTRIES CONTAINED IN THIS REPORT ARE INTENDED FOR THE SOLE R PARED BY DATE
USE OF THE FIRE DEPARTMENT. ESTIMATIONS AND EVALUATIONS
MADE HEREIN REPRESENT "MOST LIKELY" AND "MOST PROBABLE"
CAUSE AND EFFECT. ANY REPRESENTATION AS TO THE VALIDITY OR PROVED BY DATE
ACCURACY OF REPORTED CONDITIONS, OUTSIDE THE FIRE DEPART.
MENT, IS NEITHER INTENDED NOR IMPLIED.
1% - CLAIM CCfl my vGUIIS%)
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 Fe bru � I`) ;" 1A 4553
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: $1,000,000.00 Section 913 .and 915.4. Please note all "Warnings".
CLAIMANT: HICKS, Robert S.
ATTORNEY: -
Date received
ADDRESS: 2300 Sycamore Drive #56 BY DELIVERY TO CLERK ON January 17, 1990 (hand delivered)
Antioch, CA 94509
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PpHHIL BATCHELOR, Clerk
DATED: January 19, 1990 BY: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Sup 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:
i
Dated: ig. BY: IA I Deputy County Counsel
I1I. 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 RDE
By unanimous vote of the Superviscrs present
( This Claim is rejected in full .
( ) Other:
I certify that this is a ;true and correct copy o.f the Board's Order entered in its minutes for
this date.
Dated: FEB 13 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
107
WARNING (Gov. code sect'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 shown above.
Dated: FEB 13 1990 BY: PHIL BATCHELOR by Deputy Clerk
17S7
CC: County Counsel County Administrator
RECEIVED
1 ROBERT S. HICKS - JAN 17 1990
-
In Propria Persona q' ,o a. m
2 2300 Sycamore Drive No. 56 PHI BATCMUOR
Antioch, CA. 94509 Offt WAW
Telephone: (415) 778-6569 _aNn
3
-
4
5 CLAIM AGAINST COUNTY OF CONTRA COSTA
6 NAME AND ADDRESS OF CLAIMANT: ROBERT S. HICKS
2300 Sycamore Drive No. 56
7 Antioch, CA. 94509
8 SEND ALL NOTICES TO Robert S. Hicks
2300 Sycamore Drive No. 56
9 Antioch, CA. 94509
10 DATE OF OCCURRENCE August 22, 1989
11 PLACE OF OCCURRENCE Bolinger Canyon Road 1. 3 miles
North of Deerwood Drive, CCC.
12 CIRCUMSTANCES OF OCCURRENCE : Claimant was proceeding South on
Bolinger Canyon Road 1/3 miles North of Deerwood Drive, in the
13 County of Contra Costa, as aforesaid; that at said time and
place, claimant was driving a 1977 Landrover on the roadway which
14 was in the processing of construction and roadwork; the road was
covered with loose gravel causing claimant' s vehicle to lose
15 control and roll-over off of the roadway, thereby causing
personal injuries and damages to claimant.
16 GENERAL DESCRIPTION OF INJURY, DAMAGE, OR LOSS: Serious multiple
17 injuries consisting of a ruptured spleen; enucleation of the
gallbladder from the liverbed; multiple liver lacerations;
18 rupture of the right dome of the diaphram; right hemothoral;
wideded mediastinum; fractured ribs; numerous lacerations on
19 right forearm. Income loss; Property Damge and General Damages.
20 AMOUNT OF CLAIM AND BASIS OF COMPUTATION:
21 Personal Injuries; Income loss; property damages; General
Damages in the amount of $1,000 ,000.00.
22 DATED: January 6 , 1990
23 ROBERT S. HICKS
Claimant
24 Receipt of a copy of the within claim is hereby acknowledged this
25 day of 1990.
26 BY
COUNTY OF CONTRA COSTA
1
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 February 13, 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 "WaAft9tyr C
0011sef
CLAIMANT: SAFEWAY STORES, Inc.
. .►,�� .ANI 2 1990
ATTORNEY: Jolie Krakauer ��ej.. C
Martin, Ryan & Andrada Date received S4663
ADDRESS: A Professional Corporation BY DELIVERY TO CLERK ON January 10, 1990 (hand delivered)
Ordway Bldg. , Suite 2275
One Kaiser Plaza BY MAIL POSTMARKED:
Oakland, CA 94612
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: January 12, 1990 PpHkIL BATCHELOR, Clerk
8Y: Deputy
JW
II. 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 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: 1 Z HCl BY:I Deputy County Counsel
v
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 o.f the Board's Order entered in its minutes for
this date.
Dated: FEB 13 1990 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: FEB 13 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
RECEIVED
MARTIN, RYAN & ANDRADA
A Professional Corporation JAN /0, 1990
Ordway Building, Suite 2275 /:,-10 ,Oq
One Kaiser Plaza PHIL BATCHELOR
Oakland, CA 94612
CLERK OARD OF SUPERVISORS
(415) 763-6510 NTRA ACO.
_ B
Attorneys for Claimant
SAFEWAY STORES, INC.
CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT
TO: CLERK OF THE BOARD OF SUPERVISORS, 651 Pine Street, Room
106, Martinez, CA 94553:
SAFEWAY STORES, INC. , hereby makes a claim against the
CONTRA COSTA COUNTY HEALTH DEPARTMENT and makes the following
statement in support thereof:
1. Claimant' s post office address is: SAFEWAY STORES , .
INC. , 201 - 4th Street, Oakland, California 94607.
2. Notices . concerning the claim should be sent to
Gerald P. Martin, Jr. , Martin, Ryan & Andrada, One Kaiser Plaza,
Suite 2275, Oakland, CA 94612.
3. The date and place of the occurrence giving rise to
this claim are as follows:
On or about July 11, 1989 SAFEWAY STORES , INC. was
served with a complaint captioned James Myles v. Safeway Stores,
Inc. Case No. 096161) . The action was filed in the Municipal
Court of California, County of Contra Costa Bay Judicial
District.
On or about July 10. 1989 SAFEWAY STORES INC. , was served
with a complaint captioned Fred Dale Anderson v. Safeway Stores,
Inc. (Case No. 095229) . The action was filed in the Municipal
Court of California, County of Contra Costa Bay Judicial
District.
On or about July 10, 1989 SAFEWAY STORES , INC. was
-1-
served with the complaint captioned Cindy K. Anderson et. al. v.
Safeway Stores, Inc. (Case No. 0905121) . The action was filed in
the Municipal Court of California, County of Contra Costa Bay
Judicial District.
On or about July 10 1989 SAFEWAY STORES , INC. was served
with the complaint captioned Carl Adams et. al. v. Safeway Stores,
Inc. (Case No. 658403-9) . The action was filed in the Superior
Court of California, County of Alameda.
4. The circumstances giving rise to liability are as
follows:
SAFEWAY STORES, INC. , owned and operated a distribution
center warehouse at 2900 Hoffman Boulevard, City of Richmond,
County of Contra Costa, State of California. On July 11, 1988,
there was a fire in the warehouse. The fire burned for a number
of days.
The above-described lawsuit involves claims by plaintiff
for personal injury and property damage as a result of exposure
to smoke from the July 11, 1988 fire at the Safeway distribution
center warehouse in Richmond, California. Among other
allegations, plaintiff contends that the fire should have been
extinguished immediately and that plaintiff should have been
evacuated.
Safeway contends that the Contra Costa County Health
Department was responsible for monitoring the air quality in the
area of the fire, advising community residents with regard to air
quality, evacuating the area if necessary, rendering advice to
the Richmond Fire Department regarding the necessity for
extinguishing the fire, and for issuing any health advisories
necessitated by the fire. The Contra Costa County Health
Department was also responsible for monitoring the presence of
toxins, if any, and rendering health advisories, if any such
advisories were necessary. As a result of the Contra Costa
County Health Department ' s failure to properly manage the Safeway
fire and its aftermath, claimant contends that it is entitled to
indemnity for the damages sought in the above-described
complaint.
5. General Description of Injury, Damage or Loss
Incurred:
Claimant is entitled to equitable or partial indemnity
from the Contra Costa County Health Department pursuant to
Greyhound Lines, Inc. , v. County of Santa Clara (1986) 187
Cal.App. 3d 480. The indemnity to which claimant is entitled
-2-
extends not only to the complaints set forth above, but to any
subsequent complaints or cross-complaints brought against
claimant based on the above-described occurrences.
6. Jurisdiction over this claim would rest in Superior
Court.
7 . The names of the public employees causing claimant' s
damages are unknown.
8 . The amount of the claim and the basis for its
computation have yet to be determined.
DATED: 1 /)o/90
NtARTIN, RYAN & ANDRADA
A Professional Corporation
(=�aL,
By
JOLIE KRAKAUER
-3-
r • I -�
PROOF OF SERVICE
(PERSONAL SERVICE)
(C.C.P. §1011)
The undersigned declares:
I am over the age of 18 years, residing or employed in
the County of Alameda, and not a party to the within action; my
business address is: Ordway Building, Suite 2275, Oakland,
California 94612.
On January 10 1990 , I served the within
CLAIM AGAINST CONTRA COSTA HEALTH DEPARTMENT
by personal delivery to:
Clerk of the Board of Supervisors
651 Pine Street, Room 106
Martinez, CA 94553
I declare under penalty of perjury that the foregoing
is true and correct.
Executed on January 1990 , at Oakland, California.
KIRSTEN HILLEN
-` ' int
' CLAIM
Y Counsel
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JAN 12 1990
Claim Against the County, or District governed by) BC4c�
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 12, 1995`;
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: $3,000,000.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: BRYCE, E. Eugene and Glenda
ATTORNEY: Charles Nicholas Cuda
Attorney at Law Date received
ADDRESS: 565 Ygnacio Valley Rd. , Ste. 300 BY DELIVERY TO CLERK ON January 12, 1990
Walnut Creek, CA 94596-3828
BY MAIL POSTMARKED: January 11, 1990
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Januar 12 1990 PpHHIL BATCHELOR, Clerk
DATED: y BY: Deputy
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 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: 2 / 2 BY: Deputy County CounselU_ \rj
.
T�
I11. 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 Superviscrs present
yr 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: FEB 1 3 1990 PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. code s ' n 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: FEB 13 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
Claim of E. EUGENE AND )
GLENDA BRYCE )
CLAIM FOR PERS
VS. ) SECTION 910 OF T rJ!_ry �'$-.�
CODE i�, gg ��// ��',,
COUNTY OF CONTRA COSTA )
J A N 12 1990
PHIL BATCHELOR k
SORS
TO THE COUNTY OF CONTRA COSTA: cLERco T ° TOF ACO.
9 ................ .. e u
ty
YOU ARE HEREBY NOTIFIED that E. EUGENE AND GLENDA BRYCE whose
address is 1907 Birch Avenue, Antioch, California 94509 claims
damages from the COUNTY OF CONTRA COSTA, in the State of
California, in the amount, computed as of the date of presentation
of this claim of $3 , 000, 000. 00.
This claim is based on the death of claimant' s daughter on or
about July 17 , 1989 in the town of Brentwood under the following
circumstances: That the claimant's daughter ALISA DAWN BRYCE, date
of birth, September 12 , 1972 was wrongfully killed when her
automobile struck a roadside monument located on Highway 4 at
Balfour Road, Antioch, California, a public highway that was
negligently designed and maintained.
The names of the public employees causing claimant' s injuries
are yet to be determined.
The amount claimed, as of the date of presentation of this
claim, are computed as general damages.
All notices or other communications with regard to this claim
should be sent to claimant c/o Charles Nicholas Cuda, Esq. , 565
Ygnacio Valley Road, Suite 300, Walnut Creek, California 94596.
DATED: January 11, . 1990
By:
CHARLES NICHOLAS CUDA
Attorney for Claimant
PROOF OF SERVICE BY MAIL
(C.C.P. 1013a, 2015. 5)
I declare that:
I am employed in the County of Contra Costa, California.
I am over the age of eighteen years and not a party of the
within entitled cause; my business address is 565 Ygnacio
Valley Road, Suite 300, Walnut Creek, California 94596.
On January 11, 1990, I served the attached CLAIM FOR
PERSONAL INJURIES SECTION 910 OF THE GOVERNMENT CODE on the
interested parties in said cause, by sending a true copy
thereof via first class mail, postage prepaid, addressed as
follows:
Board of Supervisors
County of Contra Costa
651 Pine Street, Suite 106
Martinez , CA 94553
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct,
and that this declaration was executed on January 11, 1990,
at Walnut Creek, California.
Loretta R. Varni
t.
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