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HomeMy WebLinkAboutMINUTES - 02271990 - 1.33 /. 33 CLAIM .M 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 27 , 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: $ 200 . 00 Section 913 and 915.4. Please note all "Wa ff qs" CLAIMANT: ADCOCK, James C . _ JAN 3.0 133Q ATTORNEY: MsIrtinez Date received A 04553 ADDRESS: 60 Bay Drive BY DELIVERY TO CLERK ON January 29 , 1990 (hand deliv. ) 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. �bIL gATCHELOR, Clerk DATED: January 30 , 1990 : 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: BY: I 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 OR By unanimous vote of the Supervisors present (V) 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. nn Dated: FEB 2 7 112O 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 28 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 4 NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Jame Adcock 60 Bay 've Pittsburg, 94565 Re: Claim of JAMES ADCOCK 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. WE 1', County Counsel By:_ 1 -Q Deputy ty Couns CERTIFICATE OF SERVICE BY MA L 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: 6Q, , at Martinez, California. cc: Clerk of the Board of Supervisors (or ginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910. 2, 920 .4, 910 .8) .� 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, 19872 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 jl�g`qD) Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa ) JAN 2 9 1990 or ) / *ro 1:' /1-1 PHIL BATCHELOR District) CLERK BOARD Of SUPERwsOis N OTA Fill in name ) �_.. .11 r � The undersigned claimant hereby makei claim' against the County of Contra Costa or the above-named District in the sum of $ Cep ,0 6 and in support of this claim represents as follows.:, ,' , . . ------------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) ----------- ------------------------------------------------------- 2. Where did t8e damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) e Couv+ c�5�- —vin -- r_ �r -----t A_ ---1=--W�5--��^ reeraTed -------------- --------- --- --- ---- 4. What particular act or omision on the p of county or district officers, servants or employees caused the injury or damage? (over) 1` 5. What are the names of county or district officers, servants or employees causing the damage or injury? ------------------------------------------------------------------------------------ 6. What damage or injuries .do you.claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. . ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) So.0C) �'oc books �'70 e- r 8. Names and addresses of witnesses, doctors and hospitals. -------------------------------------------------------- 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 TOe""'(Attorney) s or by some person on his behalf." Name and —+dddtAddress of Attorney • "` Claimant's Signature Address f /- ri U rol 0 Telephone No. Telephone No. 5 N 0 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)9 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. A 33 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 27, 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 Boa L%, of Supervisors (Paragraph IV below), given pursuant to Govef 6,ode Amount: $100,000.00 Section 913 and 915.4. Please note all )"Warnings".0C/,7S @, Ci 44 CLAIMANT: BURK, Michael ��� /?�O ATTORNEY: Craig L. Judson Qq Bold and Polisner Date received ADDRESS: 500 Ygnacio Valley Road, Ste. 325 BY DELIVERY TO CLERK ON January 26, 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. DATED BPpY February 6, 1990 HHIL BgAATTCHELOR , Clerk : D 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 k 190 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 ORDE By unanimous vote of the Superviscrs 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 2 7 1999 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect 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 SeGtiOn 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 1 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 2.8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator y NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Mi ECreekk, CA c/o Cn Bold 500 YRoad, Ste. 325 Walnu4596 Re: Claim of MICHAEL BURK 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 By: I Deputyty Couns CERTIFICATE OF SERVICE BY MAIL C.C.P. 99 1012, 1013a, 2015 .5; Evid. C. §9 641, 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, at Martinez, California. cc: Clerk of the Board of Supervisors (�iqinal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 .2, 920 .4, 910 .8) e vi r a:,moi ' • CE VED kN JAN 2 61990 CLAIM AGAINST COUNTY OF CONTRA COSTA = e.,scNELCR CLERK BOARD OF SURERv Is CQ TRA C D2&11" MICHAEL BURR presents this, his claim for damages against the COUNTY OF CONTRA COSTA, CALIFORNIA, on behalf of himself, for special expenses and general damages in the sum of $100, 000. 00, plus special damages. CLAIMANT'S ADDRESS: 3979 Alhambra Avenue Martinez, CA 94553 DATE OF OCCURRENCE: April 17, 1989 and on several occasions thereafter. PLACE OF OCCURRENCE: Martinez, California office of the Sheriff of Contra Costa County, Boardroom of the Contra Costa Board of Supervisors NAME OF PUBLIC EMPLOYEE RESPONSIBLE FOR CLAIMANT'S INJURY: Sheriff Richard Rainey; Assistant Sheriff Warren Rupf; Kevin Kerr, County Counsel . CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES On April 17 , 1989, as a requirement for application for a cardroom work permit, Michael Burk was requested by the Sheriff' s Department to disclose the fact of an arrest for which all charges were dismissed pursuant to a pretrial diversion program. Further, during public hearings before the County Board of Supervisors, the Contra Costa County Sheriff's Department, through their attorney, Kevin Kerr, County Counsel, publicly disclosed the fact of Michael Burk's arrest on charges which were dismissed pursuant to a pretrial diversion program. Such public disclosure was then printed in the newspaper and led to the Board of Supervisors requiring Michael Burk to participate in a drug testing program as a condition to receiving a temporary work permit. The request for disclosure of the arrest which was dismissed pursuant to pretrial diversion, as well as the later public disclosure of such fact by the County employees violated claimant's rights and violated Labor Code Section 432 . 7 . Claimant incurred substantial expense for the drug testing program, as well as attorney' s fees and costs. As a further direct and proximate result of the actions of the County and its employees, claimant sustained great mental and emotional distress, humiliation, lost wages, and other damages which are unknown at this time. SEND YOUR RESPONSE TO THIS CLAIM TO Michael Burk c/o Craig L. Judson BOLD AND POLISNER 500 Ygnacio Valley Road, Suite 325 Walnut Creek, CA 94596 ITEMS, NATURE AND EXTENT OF DAMAGES: 1. Special Damages incurred. 2 . General Damages in sum of $100, 000. 00. Dated• CRAIG L. J SON Attorney or Cl imant Received on , 1990 By I I .�" i 33 _. CLAIM co"ty COunSW ~ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ppJA N 2 6 1390 Claim Against the County, or District governed by) BOARD RC CA � �� the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 27, 19905,53 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: $500,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CATTRONE, Gary and Dorothy ATTORNEY: Thomas M. Pegnim McLaughlin & Pegnim Date received ADDRESS: 3105 Lone Tree Way, Ste . A BY DELIVERY TO CLERK ON January 22 , 1990 (hand deliv. Antioch, CA 94509 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. JV IL January 24 , 1990 �BYIL �eputyLOR, Clerk I I 11. FROM: County Counsel TO: Cleik of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. I ( ) 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: 42c BY: I Deputy County Counsel 1 111. FROM: Clerk of the Board TO: County Counsel (1) County Adm istrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDS 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: F F B 2 7 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sects 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 2� K �9gQ BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator .T U. CEIVED JAN 1) 21990 rwtee SAMMEIOR ()Offt80ARD OF SUIEQY AM I C'�l�Tr.Q� Da, Claim of Gary Cattrone and Dorothy Cattrone, Claimants, CLAIM FOR PERSONAL INJURIES against (Government Code Section 910) Contra Costa County Flood Control and Water Conservation District, Defendant. You are hereby notified that GARY CATTRONE and DOROTHY CATTRONE, hereinafter described as claimants, whose address is 431 Coleman Court, Pleasant Hill, CA 94523 , claim damages from Contra Costa County Flood Control and Water Conservation District, in the amount computed as of the date of presentation of this claim as follows: Gary Cattrone $250, 000 Dorothy Cattrone $250, 000 This claim is based on personal injuries and property damages sustained by claimants and their property located at 431 Coleman Court, Pleasant Hill, CA. Said damages occurred on or about 8-1-89. On or about said date, the house located at 431 Coleman Court, Pleasant Hill, CA, owned by claimants, was damaged by settlement and subsistance, and movement of the soils and foundation. The proximate cause of said damage was the careless, negligent and improper work performed by defendant in causing the stream, and/or drainage area located along the south/west border of the property at 431 Coleman Court, Pleasant Hill, CA, to be placed in a culvert and/or pipe, and in carelessly and negligently altering the drainage and 4 moisture content of the soil at 431 Coleman Court, Pleasant Hill, CA. All notices or other communications with regard to this claim should be sent to Thomas M. Pegnim, of McLaughlin & Pegnim, 3105 Lone Tree Way, Suite A, Antioch, CA 94509 . (415-754-9901) . Dated: January 22 , 1990. 0 ~ Thomas M. Peg Attorney for Claima ts: Gary Cattrone Dorothy Cattrone 1 . 33 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 27, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note 01boym ii2gOs". iii �ns$f CLAIMANT: COLLINS, Randy and Shelly JA , ATTORNEY: Edward C . Casey, Esc . artinezv Less , Weaver & Winer Date received CA P4553 ADDRESS: One Post St . , Suite 1950 BY DELIVERY TO CLERK ON January 29 , 1990 San Francisco , CA . 94104 Cert . # P511- 257-412 BY MAIL POSTMARKED: January 26 , 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Januar 30 1990 PpHHIL BATCHELOR, Clerk DATED: Y 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: 13C, 19r, BY: � � L Deputy County Counsel I IAk 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 ( 601 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. f1 Dated: F E B 2 7 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sects 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 2 8 1990 BY: PHIL BATCHELOR by �_ Deputy Clerk CC: County Counsel County Administrator LESS, WEAVER & WINER ATTOENEYs AT LAw SUITE 1950 LAWRENCE JAIMES LESS ONE POST STREET OF COUNSEL ROBERT N.WEAVER SAN FRANCISCO,CALIFORNIA 94104 BRIAN H.GETZ JOHN D.WINER (415)989-8200 FAX (415)989-0841 TIMOTHY J.O'SHEA EDWARD C. CASEY. JR. January 26, 1990 - RECEIVED - JAN 2 91990 Clerk of the Board of Supervisors 141k BAT MEIOR County of Contra Costa RKWARDOfSUPIW160" 651 Pine Street, Room 106 - NT cOsTAc _ F' Martinez, CA 94553 Re: Claim of Randy and Shelly Collins Dear Sir/Madam: Pursuant to the Government Code, Mr. Randy Collins and his wife, Mrs. Shelly Collins, hereby make the following claim for money damages as against the County of Contra Costa. The claimants are Randy and Shelly Collins, 3868 Chestnut Street, Concord, CA 94519. Notices regarding the plaintiffs' claims should be mailed to: John D. Winer, Esq. , Less, Weaver & Winer, One Post Street, Suite 1950, San Francisco, CA 94104 (415-989- 8200) . On or about the fall of 1987, plaintiff Randy Collins began experiencing symptoms in his leg and back which felt like "electric shocks" . Plaintiff and his wife did not have medical insurance and had limited funds with which to seek medical advice. As a result, plaintiffs consulted the Contra Costa County Basic Adult Care Facility at 150 Muir Road, Martinez, CA 94553 for consultation regarding plaintiff's symptoms. The Contra Costa County Basic Adult Care referred the plaintiff, Randy Collins, to Russell Andrews, M.D. , at Merrithew Hospital in Martinez. Dr. Andrews examined the plaintiff and informed him that he would need surgery to repair plaintiff's lower back. Plaintiff was seen several times by Dr. Andrews and each time it was reiterated that surgery was necessary and required to relieve the plaintiff of his leg and back ailments. Clerk of the Board of Supervisors January 26, 1990 Page 2 Plaintiff agreed to the surgery and surgery was performed on February 19, 1988. Plaintiff was told he had a lipoma in his low back. Plaintiff convalesced through the spring and summer of 1988. In August of 1988, plaintiff Randy Collins noticed tingling and numbness in his lower extremities. He was seen by Andrews who informed him that he now had a "disc problem" which was not expected as soon after the time of his surgery. In late August 1988 plaintiff was again seen by Dr. Andrews for the complaint in his legs which were now turning blue, weak, numb, and gradually turning inward. At this time Dr. Andrews suggested surgery on the same problem as had been operated on in February 1988. At that time, the plaintiff and his wife sought the opinion of another physician. They were eventually recommended to Dr. Michael Edwards, M.D. , at the University . of California-San Francisco, a pediatric neurosurgeon. After examination of the plaintiff and his films, Dr. Edwards informed the plaintiff that he needed surgery immediately. Surgery was performed in November 1989 at the University of California-San Francisco. During the surgery, Dr. Edwards freed the "tethered" portion of plaintiff's spinal cord, placed it back in the spinal column, then patched the lesion or "bifida" which had been left from the previous surgery. While Dr. Edwards does not believe the plaintiff's condition will get worse, he believes that it will not improve very much in the future. Plaintiff currently uses a leg brace and cane to help him walk. He is receiving social security disability income and he is unemployable at this time. It is plaintiff's contention that the County of Contra Costa is liable to him under various theories of vicarious liability as the employer of Dr. Russell Andrews. Plaintiff contends that Dr. Andrews was negligent in his diagnosis and treatment of the plaintiff, both before and after surgery. Dr. Andrews was negligent in that he did not have the required expertise in treating the type of condition with which Mr. Collins is afflicted. Dr. Andrews failed to properly perform his duties as a treating physician and the follow-up care of Mr. Collins' condition. Dr. Andrews failed to perform the Clerk of the Board of Supervisors January 26, 1990 Page 3 surgery on Mr. Collins in February of 1988 as required by the appropriate standard of care. In turn, the County of Contra Costa, through the Contra Costa County Basic Adult Care Facility, is vicariously liable for the negligent acts of their employee, Russell Andrews, M.D. The County of Contra Costa, through the Contra Costa County Basic Adult Care Facility was negligent in the hiring of Dr. Andrews. The County of Contra Costa was negligent in the supervision of the care dispensed by Dr. Andrews in administering the needs of the plaintiff. The County of Contra Costa was negligent in continuing to retain Dr. Andrews as an employee knowing that his care and treatment of patients was below the standard of care, or was otherwise inadequate. Plaintiff Shelly Collins' claim is based upon the loss of love, affection, solace, companionship, and society of her husband due to the injuries he sustained which were caused by the malpractice and neglect of Russell Andrews, M.D. The name of the public employee causing the injury was Russell Andrews, M.D. There may be others who are also at . fault. Plaintiffs' attorneys will attempt to discovery their identities. The amount claimed on behalf of plaintiff exceeds $10, 000. Jurisdiction of this case rests in the Superior Court of the State of California in and for the County of Contra Costa. Please do not hesitate to call me if you would like to discuss settlement of this claim. Very truly yo rs f . C , J js 00 cnl 44 N p i p p p zsv � U') � 4 i a) 1, p� W �' a a Aj � � v � �,o � 1 W o 7 ° w O W w Ul v U H W O W p � U H N � W �: a J errithew RECEIVED `cb,,nty. emoria JAN 1) 51990 JAN 2 i 79,9 OO MOCTRd o AND CLINICS °" �,:� CLERK 60ARD0O1I 4`•.(t1FfsO.RRVISOQS �Q r : • . _ - A COSTA iO. Deputy ='r TO: Office of County Counsel DATE: January 22, 1990 Contra Costa County FROM: Mark F n u c a n e RE: NOTICE OF INTENT TO Health Services �irector COMMENCE ACTION Randy Collins Record # 466610-3 Enclosed is Notice of Intent to Commence Action regarding the above case. This was received by Dr. Russell Andrews and turned over to us on January 19. Dr. Andrews is a neurosurgeon at the Veteran' s Administration Hospital in Martinez. Via a contract agreement, Dr. Andrews is also employed by the Health Services. We have been advised by the Contract and Grants Department that Dr. Andrews' malpractice coverage is supplied jointly by the University of California at Davis and Contra Costa County Health Services. SP Attachment cc: Risk Management Department \P $ Contra Costa County 9•:a. O� rid•"- �*yI f�` COU71'CY A-301A (3/87) LESS, WEAVER & WINER ATTORNEYS AT LAW SUITE 1950 LAWRENCE JAMES LESS ONE POST STREET OF COUNSEL ROBERT N.WEAVER SAN FRANCISCO,CALIFORNIA 94104 BRIAN H.GETZ JOHN D.WINER (415)989-8200 FAX (415)989-0841 TIMOTHY J.O SHEA EDWARD C. CASEY. JR. January 12 , 1990 Persona"L & Confi;�;'sntiai Certi.fiel Mail No. P511257361 Return Receipt Requested Russell Andrews, M. D. c/o Veterans Admir.ist..r:.,1Ai---n Medical Center 150 Muir Road Martinez, California 94553 Re: Randy Collins Pear Dr. Andrews: Pursuant to the Code of Civil Procedure Section 364 , this letter is intended to give you notice that Randy Collins and his wife, Shelly Collins, may file a lawsuit against you 90 with days from the date of this letter for medical negligence based on your treatment of Mr. Collins. It is Mr. Collins' contention that the surgery you performed on him in February of 1988 was performed in a manner below .the standard of care as required by members of your profession. Further, the action will be based on your lack of expertise in treating the type of condition with which Mr. Collins was afflicted, failure to properly diagnose and treat his condition, failure to properly perform your duties as treating physician after the surgery was performed, among other acts, which may be classified as nledica negligence. Mrs. Collins will be filing an actico fcr loss of consortium and its components. As a result of your negligent diagnosis and treatment of Mr. Collins, he was caused to suffer severe injuries in his lower legs, including partial paralysis, dumbness, weakness, pain, loss of range of motion and use of the limbs, inversion of his toes and feet, discoloration and other similar complaints. Russell Andrews, M. D. January 12 , 1990 Page Two Re: Randy Collins Please take notice that 90 days after this letter has been sent to you by certified mail, Mr. Collins will commence an action against you in the Superior Court of the State of California in and for the County of Contra Costa. If you would like to discuss early settlement of this matter, please do not hesitate to call my office. Very truly yours, LESS, WEAVER & WINER Edward C. Casey, Jr.. ECC:mdhh • *ViCTOR J. WESTMAN `\� CONTRA COSTA COUNTY COUNSEL TO P.O. BOX 69, CO. ADMIN. BLDG.. MARTINEZ. CA 94553 V \ DATE SUBJECT l RECEIVED JAN 2.1000--- vwn p�rrw¢tOR CLERK BOARD Of W 9tivKOtS CONTRA CO Br .................a ....... Dewy U s \ P� 1 i r � Z s O �� s� �, N LESS, WEAVER & wINEI3 ATTORNEYS AT LAW SUITE 1950 LAWRENCE JAMES LESS ONE POST STREET OF COUNSEL ROBERT N.WEAVER SAN FRANCISCO,CALIFORNIA 94104 BRIAN H.GETZ JOHN D.WINER (415)989-8200 FAX (415)989-0841 TIMOTHY J.O SHEA EDWARD C. CASEY, JR. January 26, 1990 i CERTIFIED MAIL - RECEIVED RETURN RECEIPT JAN 2 91990 Contra Costa County Basic /MtBATCHROR Adult Care Facility ofRCONTRACCO ACO. 150 Muir Road ...... D Martinez, CA 94553 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 Re: Claim of Randy and Shelly Collins Sirs and/or Mesdames: Pursuant to the Code of Civil Procedure section 364, this letter is intended to give you notice that Randy Collins and his wife, Shelly Collins, may file a lawsuit against you 90 days from the date of this letter for medical negligence. This action will be based upon the treatment of Mr. Collins by Russell Andrews, M.D. , who was working on behalf of the Contra Costa County Basic Adult Care Facility at the time of his treatment of Mr. Collins. It is Mr. Collins' contention that the surgery performed on him in February of 1988 was performed in a manner below the standard of care required of members of Dr. Andrews' profession. Further, the action will be based on Dr. Andrews' lack of expertise in treating the type of condition with which Mr. Collins was afflicted, Dr. Andrews' failure to properly diagnose and treat Mr. Collins' condition, Dr. Andrews' failure to properly perform his duties as a treating physician both before and after the surgery, among other acts, which may be classified as medical negligence or otherwise inappropriate. Clerk of the Board of Supervisors January 26, 1990 Page 2 The County of Contra Costa is vicariously liable for the negligent acts of their employee, Russell Andrews, M.D. The County of Contra Costa is further liable for the negligent hiring and retention of Dr. Andrews. The County of Contra is also liable for the negligent retention of Dr. Andrews, knowing that his treatment was below the standard of care or otherwise inadequate. The County is liable on the basis that they negligently supervised Dr. Andrews in his care and treatment of the plaintiff. . Shelly Collins will be filing an action based on loss of consortium and its components. As a result of Dr. Andrews' negligent diagnosis and treatment of Mr. Collins, plaintiff was caused to suffer severe injuries in his lower legs, including partial paralysis, numbness, weakness, pain, loss of range of motion and use of the limbs, inversion of his toes and feet, discoloration and other similar complaints. Plaintiff has incurred medical expenses and will incur future medical expenses. The plaintiff has lost wages and will incur future lost wages. Please take notice that 90 days after this letter has been sent to you by certified mail, Mr. Collins will commence an action against you in the Superior Court of the State of California in and for the County of Contra Costa. If you 'would like to discuss early settlement of this :ratter, please do not 1-12sitate to .call mny. office. Ja ruly you s, C. C y, J js +qd q f mos | Q Q [2 @� ■ a m ::5 o q ¥ 444J e ono 2ru � \ Ln �. Q q OWƒ } JM Ln c @ 7\ V / q k ! - � m 77ag D � w @ // 0 | /ƒ2 0 c @ 9� w Qc 4J ¥02 d . { )� \ j . � ■ \ � ■ f q 2cn -0. / §I 'je m » u \ u ae / [ [ / / I§z 7 ^ / / CE . E ( m / Q � VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO �n ,) P.O. BOX 69, CO. ADMIN. BLDG.. MARTINEZ. CA 94553 • DATE SUBJECT RECRivrn F n CL ex BOARD OF SUIERVISOlS e CIr C 7A Co. County Counsel errithew FE-U emorial -Mart- Inez.O�P�4Qd CA P4553 AND CLINICS TO: Office of County Counsel DATE: February 5, 1990 Contra Costa County FROM: Mark Finucane � RE: NOTICE OF INTENT TO Health Services Director COMMENCE ACTION Randy Collins Record # 466610-3 Enclosed is Notice of Intent to Commence Action regarding the above case. This was received by Merrithew Memorial Hospital today. SP TT`7► TT ent Attachm I RF CE1 V EL cc: Risk Management Department FEB 9 1990 PHIL BATCHELOR CLE¢K_WARD OF SUPEWISORS dt COST:nCO. . D f � = �Z Contra Costa County PT Cous A-301A (3/87) LESS, WEAVEIR 8C WINEiR ATTORNEYS AT LAw SUITE 1950 LAWRENCE JAMES LESS ONE POST STREET OF COUNSEL ROBERT N.WEAVER SAN FRANCISCO,CALIFORNIA 94104 BRIAN H.CETZ JOHN D.WINER (415)989-8200 FAX (415)989-0841 TIMOTHY J.O SHEA EDWARD C. CASEY. JR. January 26, 1990 CERTIFIED MAIL RETURN RECEIPT Contra Costa County Basic Adult Care Facility 150 Muir Road Martinez, CA 94553 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 Re: Claim of Randy and Shelly Collins Sirs and/or Mesdames: Pursuant to the Code of Civil Procedure section 364, this letter is intended to give you notice that Randy Collins and his wife, Shelly Collins, may file a lawsuit against you 90 days from the date of this letter for medical negligence. This action will be based upon the treatment of Mr. Collins by Russell Andrews, M.D. , who was working on behalf of the Contra Costa County Basic Adult Care Facility at the time of his treatment of Mr. Collins. It is Mr. Collins' contention that the surgery performed on him in February of 1988 was performed in a manner below the standard of care required of members of Dr. Andrews' profession. Further, the action will be based on Dr. Andrews' lack of expertise in treating the type of condition with which Mr. Collins was afflicted, Dr. Andrews' failure to properly diagnose and treat Mr. Collins' condition, Dr. Andrews' failure to properly perform his duties as a treating physician both before and after the surgery, among other acts, which may be classified as medical negligence or otherwise inappropriate. Contra Costa County Basic Adult Care Facility January 26, 1990 Page 2 The County of Contra Costa is vicariously liable for the negligent acts of their employee, Russell Andrews, M.D. The County of Contra Costa is further liable for the negligent hiring and retention of Dr. Andrews. The County of Contra is also liable for the negligent retention of Dr. Andrews, knowing that his treatment was below the standard of care or otherwise inadequate. The County is liable on the basis that they negligently supervised Dr. Andrews in his care and treatment of the plaintiff. Shelly Collins will be filing an action based on loss of consortium and its components. As a result of Dr. Andrews' negligent diagnosis and treatment of Mr. Collins, plaintiff was caused to suffer severe injuries in his lower legs, including partial paralysis, numbness, weakness, pain, loss of range of motion and use of the limbs, inversion of his toes and feet, discoloration and other similar complaints. Plaintiff has incurred medical expenses and will incur future medical expenses. The plaintiff has lost wages and will incur future lost wages. Please take notice that 90 days after this letter has been sent to you by certified mail, Mr. Collins will commence an action against you in the Superior Court of the State of California in and for the County of Contra Costa. If you would like to discuss early settlement of this matter, please do not hesitate to call my office. 7a4 trulyZa ;4 js Co. 0, c1r) I k- trzk ig CD ON 0 0 �A 49 �A ulU 333f 33 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 27 , 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 Govern�ment Code Amount: $196 . 00 Section 913 and 915.4. Please note all "Warn1ogQtY Counsel �► CLAIMANT: HENNY, Clarence .SAN 3 i'30 ATTORNEY: MOrtineZ. CA C-4553 Date received ADDRESS: 1181 - 26th Street BY DELIVERY TO CLERK ON January 29 , 1990 (inter- Richmond, CA 94804 office) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 30 , 1990 gVIL BATCHELOR, Clerk: 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: ( �0 j�}Q BY: Q O /" 3U A Deputy County Counsel 0 Ti 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 ( beT 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: FF R 2 7 1990. PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sectio 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. 2 8 1999 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator rr '. • ,:LArM; TCL• BOARD OF SUPERVISOR; CT 'GO M, GQ:c..0 ' T'r"n ., �F3-e7�.r���utt�i appl3aat3an t0; r' • ;� Instructions to Cj.alnant Clark.vt theftard ninez,sCa[il-omla 94533 OAClaims relating to causes of action -for Beeth, res mo-T .3--a3z ary to person or to personal property or grraw1mg =p:s Mm st, :fie presented not later than the 100th day after the accrna:l of the rause of action. Claims relating to any othLsa, pamse sof ac--tmvp mms;t be presented not later than, one ,year- after thr a=rwcrual if .e :cau.se of action. (Sec. 9,il. 2, Govt. Code). , ` B. Claims must be- filed led with the Clerk of tbae Mza=" of -Supe�—vsors at its office in Room 106 , County ,� n:istrat an Bi u- i cd mg„ 651 Pine Street, Martinez , California 94553' C. If claim is against a district go�rp_Tnad by the Scmazd of 'Supervisors , rather than the County, the name of -the :Dz:str�,ct �6-#oi hd be filled in. D. If the claim is against more than erne pma:11-c emt3ty., par-ate claims must be filed against each public ,entity,. " E. Fraud. See penalty for fraudulent ,c a .meq, :Pe,'41 CDdi a :Se:c- 7.2 at end of this form. _ RE: Claim by i)R -s:er�d fnz �3:er3y'°5 f:i:l�ng stamps y / IftEyCIb, tb T . ") Against she `�OU�.TY OF CO�i�_RA. COSTA.) JAN 2 9 1990} �. , or DISTRL ",} - PHIL BATCHELOR CLERK WARD C7 tE0401S Will in name) cRNtR�cQi/SyT. . By The undersigned claimant hereby makes c7a-in. ,a a n- t thle '.UCnzMty of Contra Costa or thea above-named District in t-be smm =a:f. and in support of this claim representz as fv22.,zwsz � 1. When cid the damage or injury occ,-='? ( i e e .cr La-te a:nd hour) 2. -Where -did the m daage-or injury occ=? ((:l-mr—�rs de. :r:it�y and county)- 3. -How aid-the da;age or-injury-occur?` t(Giwe fmi-11 de=J.-T!, sheets if required) g 4 . What particular-act-or omission-ob, t - L-lof coanty mr 471-s rict--- officers , sefr�va-ntts. or employees can�sn tt.e im- mry yr doge? /�ZorcE�r w j.. C S'�Z Bit o47 1 (over) '.:5.:.:•f zat ar.e..the...names of county or district officers, servants or I employees.4causing the damage or injury? - - - -------------------------------- -------- 6-.--W-ha--t-d-amage------or---i - njuries do you claim resulted? (Give full extent of injuries or damages clai ed. Attach two estimates for a to damage 1 pf- Cr" C>0 �/ SD - 2� cs� .�.s c vc B -�------- -------------------------- ----------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- S. Names and addresses of witnesses , doctors and hospitals. ------------------------------------------------------------------------- 9 . List the expenditures you made on account of this accident or injury: ,H� u ... . ..� ...d ..� �c ITEM -MOUNT "so el 10 l — �'� ..�' �pp'.o�s Sh�aEs S . OCA ;r!':7� :.. rCFj/ lift�✓5 3 a . a (� a .._ kS All Govt. Code Sec. 910 .2 provides : "The claim signed by the clamant SEND NOTICES .;TO': (Attorney) or by some per son on his behalf. " Name and Address of 'Attorney ClaimaL ' pato_ r. s. /�el Telephone No. - Telephone No /wo 3S 3o�3Z� ,; NOTICE Section 7)2. bf the Penal •-Code...provides : " "Every person whb, with intert to defraud, present-s 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 c pay the same if genuine , any false or fraudulent claim, bill, account , voucher, or writing , ..is- guilty of a felony. " ,12 taw c i r4 } % t � 3t: ss info �. .. / ,3,3 v 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 27 , 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 GoverMent Code Amount: Undetermined Section 913 and 915.4. Please note all "WarnQU-9-ty C °,UnSe1 CLAIMANT: DAVIS , Esther JAN3 Conservatorship of j1� JU ATTORNEY: Mark Byrne Date received /�eI CA n $3 Law Offices of ADDRESS: John B . Hallbauer BY DELIVERY TO CLERK ON January 24 1990 (via Counsel), 13880 San Pablo Ave . , Ste .A BY MAIL POSTMARKED: San Pablo , CA 94806 . 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 30 , 1990 ppHHIL ATCHELOR, Clerk BY: Deputy 36_4t7�1 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: 2/2190 BY: "0I Deputy County Counsel 0 \\Q 1II. 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 2 7 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect' 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 2 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Mark me Law Of ' es of John B. Hallbauer 13880 San blo Ave. , Ste. A San Pablo, C 94806 Re: Claim of EST DA IS 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: x 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. x 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. WESTMAN, Co u ty Counsel By: j /- Deputyo Aty Counsel CERTIFICATE OF SERVICE BY MAIL C.C.P. 99 1012, 1013a, 2015 .5; Evid. C. §§ 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: `� �\G�� at Martinez, California. cc: Clerk of the Board of Supervisors (o iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4 , 910 . 8) Law Offices of John B. Hallbaner A Professional Corporation Telephone John B. Hallbauer 13880 San Pablo Avenue, Suite A 237-3224 Mark D.Byrne San Pablo, California 94806 Area Code 415 January 10, 1990 �EIVED Ann Hause _ Health Services Department JAN 241990 Conservatorship/Guardianship Program 624 Ferry Street FISLSATCHROE P. 0. Box B CLERK BOARD OF SUFESYKOfS O A COSTA CO. Martinez, CA 94553-0180 �:-----.. • wpm RE: . CONSERVATORSHIP OF ESTHER DAMS Dear Ms. Hause: This letter will confirm, our telephone conversation. of Monday January 8, 1990, that Esther Davis is pleased to hear that the County of Contra will no longer be offering shopping and cleaning services . Esther Davis has requested that Brenda Krause perform clean- ing and shopping services for her once per .week. I have dis- cussed Brenda Krause' s charge with both Ms. Krause and Ms. Davis. Both recognize that until the Reverse Annuity Mortgage makes the additional funds available, it is difficult to enter into any type of agreement for such shopping and cleaning services. Pursuant to a telephone conversation with Edna Freeman on January 8, 1990, a packet will be presented to the lender shortly to pursue the Reverse Annuity Mortgage. Unfortunately, some concern exists that the lender may require a termite report regarding the residence due to the recommendation of appraiser. I hope that this matter may be expedited to insure that Esther Davis continues to have sufficient funds to maintain her resi- dence. Pursuant to earlier telephone conversations, I advised you that there were some items missing from the residence of Esther Davis, at the time that the cleaning services were being provided through the county. I have attached to this letter a list of the items which have been taken from Esther Davis ' s house which belong to both Esther Davis and Brenda Krause. These lists were prepared by Brenda Krause, at my instructions. Ann Hause January 10, 1990 Page Two As further discussed during our conversation on January 8, 1990, the agent for the Homeowner's Insurance will be contacted by January 9, 1990 in that the Homeowner's policy expired on that date. Unfortunately, the agent sent it to the house in the name of Orland Davis, rather than to Esther Davis, which would have forwarded the documents to the County. Lastly, the County will be sending a check in the amount of eighty dollars ($80. 00) payable to Esther Davis beginning with the week of January 15, 1990 for the cost of food. Such check, in the name of Esther Davis, will be mailed to the residence of Esther Davis in the name of Orland Davis so as to avoid the Post Office forwarding service. If you have any questions or wish to discuss this matter, please do not hesitate to telephone. Ver truly uly, yours, .Z MARK D. BYRNE : , MBD/jdp Enclosure I f ATTACHMENT A LIST OF ITEMS TAKEN FROM ESTHER DAVIS'S HOOSE WHICH BELONGED TO ESTHER DAVIS 1 . Knee length imitation Mink jacket coat. 2. A portable Brothers Typewriters, with case. 3. One party size new Coffee Maker. 4. Two "stove top type", drip stainless steel coffee makers. 5 . Two electric 10" and 12" cup percolators, stainless steel. 6. Two hot/cold 1-1 /2 to 2 quart size thermos, both stainless steel. 7 . Two wide top hot/cold thermos bottles, plastic unbreakable. 8 . Two small unbreakable 8 to 12 oz hot/cold thermos with straw type opening in lid. 9 . One pump type big thermos, unbreakable. 10 . One crystal large punch bowl set which serves 8. 11 . One lady' s Norelco cordless, rechargeable base type shaver. 12 . One -three (3) head Cordless men' s shaver/trimmer. 13 . One ladies Remington adjustable head shaver. 14. Esther Davis' s entire collection of assorted Christmas decorations, light bulbs and door decorations. 15 . ** One 10" to 12" single strand of Real Pearls. 16. Two Timex lady' s watches with leather bands. 17 . ** One lady's German or Swiss made watch, 10 diamonds around the outside face, 2 diamonds were 1/2 kt, other 1/4 kt. set in white over yellow 14k gold face which was num- bered and had to be wound daily, watch had a gold band with clasp and safety chain. 18. Portable old Singer sewing machine with case. J LIST OF ITBM<S TAKEN FROM DAMS HOME BEMONGING TO BRENDA KRAUSE (Please note that values were set by Brenda Kraus) 1 . $125 . 00 TO $150 .00 of Christmas trimmings, light bulbs, nature scene, stocking and tall glass religious candles. 2. All wood Quartz wall clock, (approximately $135. 00) . 3. One pair of non-prescription light sensitive lens with gold frames, ($110.00 to $130.00) . 4. Two small metal desk top lamps ($27 .00 to $35 . 00 per lamp) . 5 . Two king size heavy patchwork type quilts. One a multi- blue, the other a multi-brown/orange/beige. (unknown value) . 6. One remote phone and base unit (unknown value) . 7. All wood-mirror back plant holder hanger ($35.00) . 8. A set of six (6) wood T. V. Trays. Four of the wood trays are gone. ($40.00 to $75.00) 9. One wrought Iron spiral 5 plant holder, 3-1 /2 feet high stand ($25 . 00 to $40.00) - 10. Atari 2600 Video Computer Game- 3 regular joy stick 1-power component for two wireless remote joy stick controllers and 2 set of controllers. (unknown value) . 11 . Various Atari games including: a. Space Invaders b. Pac Man C. Circus Atari d. Asteroids e. Centipede f. Indy Tape g. Diamonds & Diamonds h. Atlantis 12. One Am-Fm Dual Cassette Player-Recorder ($85.00) . i I I i •VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL _ P.O. BOX 69, CO. ADMIN. BLDG., TO \\\��VVV\\\� MARTINEZ. CA 94553 DATE CJS SUBJECT Q s � N— �� a RFC EIVEn JA N241990 PH,, R,TEMEtO, CLERK EOAfO OF SUrERV150{3S CONTQA COSTA CO, BY ............................... �_.. County couf1SL-'f CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JAN 19 Claim Against the County, or District governed by) Bb*RQ1`M:ON C February the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT , 104553 9y 27, 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: KELLY, Kristina ATTORNEY: Alfred A. Cabral - Date received ADDRESS: 240 Paso Nogal BY DELIVERY TO CLERK ON January 19, 1990 (hand delivered) Pleasant Hill, CA 94523 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Januar 19 1990 PpHHIL BATCHELOR, Clerk DATED: y BY: eputy 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: I 19 9c, BY: I / Deputy County Counsel 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 ( 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: FFR 2 7 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. 2 8 l 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEI`lED JAN 191990 a;/a le/_77 PHIL 9ATCHELOQ Of SUPERVISORS CLAIM AGAINST THE COUNTY OF CONTRA �OSr6ff"t COStACOO.. COSTA 1 COUNTY OF CONTRA COSTA PUBLIC WORKS AN-4 .."""""" °i "I (Road Engineering and Maintenance) e �v 2 3 TO: COUNTY OF CONTRA COSTA 4 COUNTY OF CONTRA COSTA PUBLIC WORKS DEPARTMENT (Road Engineering and Maintenance) 5 6 Claimant herein presents her claim for damages against 7 8 the above named governmental entities and in compliance with 9 applicable law sets forth in detail the following information: ¢ A. The name and post office address of the the U 10 0 claimant is: Kristina Kelly, 240 Paso Nogal, Pleasant Hill, CA " 11 m c O p a Z I c 94523. 12 W � c � o > � a B. The post office address to which notices in LL 13 ir cr o � LL connection with this claim are to be sent is : Kristina Kelly, 3ci Z0 14 aofN 240 Paso Nogal, Pleasant Hill, CA 94523. N u 15 m � N 4C. The date, place and circumstances of the occur- 16 .� 17 rence which give rise to the claim are as follows: On or about . Q, 18 July 22 , 1989, claimant, Kristina Kelly, was a passenger in a 19 1989 Toyota, 4 Wheel drive pick-up truck driven by Kevin Michael 20 Tierney. They were proceeding westbound on Marsh Creek Road, 21 Contra Costa County, approximately 8/10 of a mile east of Morgan 22 Territory Road. The vehicle was traveling at approximately 35 23 miles per hour. At said time and place, the weather conditions 24 were clear and dry. The vehicle entered a sharp left-hand curve 25 in the westerly direction with a negative grade. At said time 26 and place, defective and faulty design, engineering and -1- maintenance of the roadway caused the vehicle to lose control, 1 leave the roadway, and strike the embankment. The resulting 2 collision caused serious bodily injury and other losses to 3 claimant, Kristina Kelly. 4 D. A general description of the injuries and the loss 5 incurred, so far as is known at the present time, is as follows: 6 Kristina Kelly suffered multiple injuries including without 7 8 limitation a compression fracture to her spine, a gash to her thigh, a possible pelvic fracture, a severe road burn to her 9 right arm, and significant cognitive impairment. U 10 E. The name of the public employee causing the injury 2 ° 0 ay F m M is: Unknown. w a 12 _J ° ' ° 13 F. The amount claimed as of the date of the presenta- u LL LL OJ cr o W tion of this claim is: W W $ 14 . 0JN Within the jurisdiction of the superior court. N U 15 Q s Dated: January 18, 1990 . w 16 x PELLETREAU, MOSES, ALDERSON & CABRAL 17 a w a 18 BY: railL 19 A LFRED A. CABRAL / 20 Attorneys for Claimant 21 22 23 24 25 26 -2- PROOF OF SERVICE - BY PERSONAL DELIVERY 1 (Employee of Pelletreau, Moses , Alderson & Cabral) 2 The undersigned declares as follows: 3 I am employed in the County of Contra Costa, California. 4 I am over the age of eighteen years and not a party to 5 the within entitled cause. 6 My business address is 3260 Blume Drive, Suite 410 , 7 Richmond, California. 8 I further declare that on the date set forth below I 9 served the documents attached hereto and described below on the U 10 parties and persons set forth below by personally delivering a Z o 0 0 11 copy thereof to said parties and persons. Cn ° a Ln a 12 DESCRIPTION OF DOCUMENTS SERVED AND ATTACHED: i 7 n Q N C N Z C W Q s ' ° 13 O W U = Z $ 14 CLAIM AGAINST THE COUNTY OF CONTRA COSTA AND COUNTY OF CONTRA a0 COSTA PUBLIC WORKS DEPARTMENT N 0 ^ 15 mFr �n- a Q ¢ 16 NAME AND ADDRESS' OF PERSONS SERVED: w 17 The Board Of Supervisors Clerk A. 18 Contra Costa County 651 Pine Street, Room 106 19 Martinez , CA 94553 20 PLACE OF SERVICE: The Board of Supervisors Clerk, 651 Pine 21 Street, Martinez, CA 94553 . 22 DATE OF SERVICE: January 19 , 1990 23 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that 24 this declaration is executed on January 19 , 1990 . / J 1 25 Michelle M. Murray % !; f_-; 26 (Type or print name) ( nature) county cownsc-1. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JA N 19 1990 Claim Against the County, or District governed by) BOA&JAIJ14 N, C' 27 199053 NOTICE TO CLAIMANT February the Board of Supervisors, Routing Endorsements, ) y , 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: $5,000,000.00 Section 913 and 915.4. . Please note all "Warnings". CLAIMANT: KELLY, Kristine ATTORNEY: Barry Wester Brekhus, Williams & Wester Date received ADDRESS: 1000 Drakes Landing Road BY DELIVERY TO CLERK ON January 19, 1990 (hand deiiVered) Greenbrae, CA 94904 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Januar 19 1990 HHIL BATCHELOR, Clerk DATED: y BPpY: 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: BY: �. /_11Q 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 2 7 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 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 F B 2. 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator R CE VED J A N 1 9 1990 CLAIM AGAINST THE COUNTY OF CONTRA COST PMI{BATCHELOR EVK 60ARD OF SUPERVISORS CNTEA C TAC01 B ........De' e To: Contra Costa County 255 Glacier Drive Martinez, CA 94553-4897 The undersigned hereby presents the following claim against the County of Contra Costa, in accord with the provisions of Government Code Section 910. 1. Name and address of claimant: Kristine Kelly 240 Paso Nogal Pleasant Hill, CA 94523 2 . Mailing address to which notices from County are to be directed: BREKHUS, WILLIAMS & WESTER 1000 Drakes Landing Road Greenbrae, CA 94904 3 . Date of incident: July 22, 1989. Location of incident: Marsh Creek Road eight-tenths of a mile east of the intersection of Marsh Creek Road and Morgan Territory Road. 4 . Description of incident or accident including your reason for believing that the County is liable for your damages: On July 22, 1989, claimant was a passenger in the automobile of Kevin Tierney traveling westbound on Marsh Creek Road. The subject vehicle left the highway, hit an embankment, and flipped over causing claimant's injuries. On or about July 22 , 1989, and prior thereto, the above described public property was in a dangerous condition that created a substantial risk of the type of injuries sustained by claimant in that among other defects, no rails or other controls existed to prevent an automobile from leaving said highway and colliding with embankments and other obstacles found along the shoulder. 5. Description of all damages which you believe that you have incurred as a result of the incident: Personal injuries, emotional distress, special damages, including but not limited to, medical and related bills, loss of income, loss of impairment of income capacity, and other economic losses and general damages. 6. The name or names of any County employees causing the damages that you are claiming: Unknown at this time. 7. The dollar amount of all damages that you are claiming (please attach all estimates that are available) : $5, 000, 000. 8. If this is a claim for indemnity, on what date were you served with the underlying lawsuit: N/A. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 19, 1990, in Greenbrae, California. BARRY F. WESTER Attorney for Claimant ATTACHMENT CAUSES OF ACTION AND LEGAL THEORIES 1. Negligence 2. Strict Liability 3 . Maintenance of a dangerous condition 4. Violation of ordinance 5. Nuisance 6. Inverse condemnation 7. Vicarious liability for acts of public employees 8 . In addition, claimants are seeking recovery under any and all other causes of action recognized by the California Supreme Court and the California Appellate Courts, as reflected in the official reports of the State of California, incorporated herein by reference. Further, claimants incorporate herein by reference and assert any and all theories of recovery discussed, referred to or otherwise mentioned in Witkin, Summary of California Law (8th Edition) and California Jurisprudence (3rd Edition) . UoUnt 1. 33 CLAIM JAIL 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ��3O M rtin--= A .`4553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 27, 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: $5,000,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KENT, John guardian for Kristine Kelly ATTORNEY: Barry F. Wester Brekhus, Williams & Wester Date received ADDRESS: 1000 Drakes Landing Road BY DELIVERY TO CLERK ON January 19, 1990 (hand delivered) Greenbrae, CA 94904 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp�{IL gATCHELOR,.Clerk DATED: January 19, 1990 BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of 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: 19 11(j BY: I S_ UA Deputy County Counsel U _,�Q 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. n Dated: F E B 2 7 1990 PHIL BATCHELOR, Clerk, By -, Deputy Clerk WARNING (Gov. code se 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: F E B 2 8 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator REC IVSD JAN 19 7990 "2:3oPH" R CLERK BOARD OF1AIC�P11VISOR9 BY CfANCOSI CO. CLAIM AGAINST THE COUNTY OF CONTRA O.P= To: Contra Costa County 255 Glacier Drive Martinez, CA 94553-4897 The undersigned hereby presents the following claim against the County of Contra Costa, in accord with the provisions of Government Code Section 910. 1. Name and address of claimant: John Kent-Gaurdian for Kristine Kelly 240 Paso Nogal Pleasant Hill, CA 94523 2 . Mailing address to which notices from County are to be directed: BREKHUS, WILLIAMS & WESTER 1000 Drakes Landing Road Greenbrae, CA 94904 3 . Date of incident: July 22 , 1989. Location of incident: Marsh Creek Road eight-tenths of a mile east of the intersection of Marsh Creek Road and Morgan Territory Road. 4 . Description of incident or accident including your reason for believing that the County is liable for your damages: On July 22 , 1989, claimant was a passenger in the automobile of Kevin Tierney, traveling westbound on Marsh Creek Road. The subject vehicle left the highway, hit an embankment, and flipped over causing claimant's injuries. On or about July 22, 1989, and prior thereto, the above described public property was in a dangerous condition that created a substantial risk of the type of injuries sustained by claimant in that among other defects, no rails or other controls existed to prevent an automobile from leaving said highway and colliding with embankments and other obstacles found along the shoulder. 5. Description of all damages which you believe that you have incurred as a result of the incident: Personal injuries, emotional distress, special damages, including but not limited to, medical and related bills, loss of income, loss of impairment of income capacity, and other economic losses and general damages. 6. The name or names of any County employees causing the damages that you are claiming: Unknown at this time. 7 . The dollar amount of all damages that you are claiming (please attach all estimates that are available) : $5, 000, 000. 8 . If this is a claim for indemnity, on what date were you served with the underlying lawsuit: N/A. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 19, 1990, in Greenbrae, California. --- vve- BARRY F. WESTER Attorney for Claimant ATTACHMENT CAUSES OF ACTION AND LEGAL THEORIES 1. Negligence 2. Strict Liability 3. Maintenance of a dangerous condition 4. Violation of ordinance 5. Nuisance 6. Inverse condemnation 7. Vicarious liability for acts of public employees 8. In addition, claimants are seeking recovery under any and all other causes of action recognized by the California Supreme Court and the California Appellate Courts, as reflected in the official reports of the State of California, incorporated herein by reference. Further, claimants incorporate herein by reference and assert any and all theories of recovery discussed, referred to or otherwise mentioned in Witkin, Summary of California Law (8th Edition) and California Jurisprudence (3rd Edition) . Co /.3 3 ` CLAIM unty couns.s BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JA N �� 6 1390 Claim Against the County, or District governed by) BOAR go.? (; the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 27, 1 90�5� 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: $1,525.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KIRCHOFF, Harold Walter ATTORNEY: r Date received ADDRESS: 2856 Chattelton Lane BY DELIVERY TO CLERK ON January 24, 1990 (via C.lerk's;P.O. San Pablo, CA 94806 BY MAIL POSTMARKED: January 16, 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 26, 1990 UaIL DeputyLOR, Clerk 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: ,OU 1 Dated: 1C c ) 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). IV. BOARD ORDER: By unanimous vote of the Supervisors present (Ael 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: F C B 2 7. 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 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 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: E B 2 $ 1J90 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator TO. BOARD OF SUPERVISORS OF , CONTRA COEQUZRiTUII applicatlon'ta: Instructions to Claimant Clerk of the Board, P. O. Box 911 Martinez.Calitornla 9*553 A. Claims relating to causes of action for death or =or in�ury to person or to personal property or growing crops must be presented not later than the 100th day 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 cause of action. (Sec. 911. 2 , Govt. Code) B Claims must be. f �) 'filed with the Clerk of the Board of Supervisors at its office in Room 106 , Coun.'-y .Adminis tration Building, 651 Pine Street, Martinez , California 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, e claims , separate must be filed against each.. public entity. .:,. " E. Fraud. See penalty for fraudulent claims, Pen4l Code Sec. 72 at end of this form. RE: Claim by ) Reser f r .Clerk' s filing stamps Ej +AAr,>^t Z AJAG�W eIRCAQ n C-EIVEXT-) D Aaainst the COUNTY OF . CONTRA *COSTA) JAN 1990 �'A''CHEOR CLEA"?,60ARD OF SUPERVISORS or DISTRICT) T 0. ..... �,COITA C (Fill in name) . The undersigned claimant hereby makes claim againsthe Coauay of Contra Costa or the above-named District in the sum of $ MP5 '' - f . 1- and in support of this claim represents as follows : -------------------------------r------------------------------------------ 1. When did the damage or in3ury occur? (Give exact date and hour) he damage or-injury .,.occur 7 Where_-. dI)d C-------- -- ? (Include city and or .1. now did-the_damage�___In] ury occur? ive full details, use-extra- sheets ee asheets if required) 4 . What r I - -------------- -- particular act or omission on-the part of county-or district officers , servants or employees caused the injury or damage? 7 j (over) '.:5..:,:•Jr iat. ar.e.:the...'names of county or district officers, servants or I employees.; causing the damage or injury? _ ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) - ---------------------- - - - - -- =------------- 7. How was the amount--cl-sime--d--ab-ove----computed?---------- (I-ncivae-------th-e estimated amount of any prospective injury or damage @,, q,�L., V- .. - - -- -- -------------------------- S. names ana addressF,2v- of witnesses , doctors and hospitals. --------- --------------- ---------------------- �-------------- Li ----- 9 . st she expenditures you made on account of--this accident or injury: DATE _ I'T'EM AMOUNT oTO&P Q7. P-I K Gal.® GNAW �O-WjGA ��o bqW � ►8 K Gam c PST� ►���►�N c.e.NGTA% S5Ca ly K Garb (WA(.FLET eooa I wALl2T L o ' U a ec. 910 .2 provides : "The claim signed. by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of AttorneyA(�'QC� AOT CALAo tA L) S�►� a LO, CA 9'QR"6 Telephone No.��/ 2v�c e�� Telephone No. NOTICE I Section 72 of the Penal Code provides: " "Every person who , with intert to defraud, . presentz 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 pay the same if genuine , a.nv false or fraudulent claim, bill, account , voucher, or writing , is guilty of a felony. " Ns � A S J N��ty 004,,�s /.,3-3 CLAIM LIQ, �f BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 16C 1330 0 Claim Against the County, or District governed by) BOARD ACTION � 44'46 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 27, 1990 43 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: $51,806.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MALOCH, Marcy ATTORNEY: John C. Willbrand, Esq. 2280 Diamond Blvd. , Suite 440 Date received ADDRESS: Concord, CA 94520 BY DELIVERY TO CLERK ON January 25, 1990 (hand 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: January 26, 1990 JtIL BeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Su isors ) 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(S 9 BY: S. ! Deputy County Counsel 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 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: F E B 2 ( 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 2 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator JOHN C. WILLBRAND ����� � ATTORNEY AT LAW COMMERCE CENTER EI)ELLPHONE: 676-8800 2280 DIAMOND BLVD., SUITE 440 JANQ 19 -REA CODE: 415 CONCORD, CALIFORNIA 94520 9® CLAIM FOR DAMAGE$ ren a tTCM O I� CLFAr 8000.0S111F11/ISon TW C S6 f�f o TO: COUNTY OF CONTRA COSTA AND GAIL KOEPPEN: Y Claimant IyIARCY MALOCH , whose address is c /o John C. Willbrand, 2280 Diamond Blvd. , Suite 440, Concord'" CA 94520, hereby makes claim against the County of Contra Costa for the sum of $51 , 806.00, as well as punitive damages against GAIL KOEPPEN in the amount of $15,000.00 and makes the following statements in support of the claim: 1. All notices concerning this claim shall be directed to the following: John C . Willbrand, Esq. 2280 Diamond Blvd. , Suite 440 Concord, CA 94520 2. The conduct giving rise to the claim occurred on and after October 17 , 1989 . 3. The circumstances giving rise to the claim are as follows : GAIL KOEPPEN and other employees of CONTRA COSTA COUNTY negligently and/or intentionally took actions to deprive claimant of her children. Said actions involved, but are not limited to, making false statements to the police department and conspiracy with Mr. Cook to deprive claimant of her children. As a proximate result of the actions of GAIL KOEPPEN claimant was deprived of her children and incurred attorney's fees , lost wages , transportation costs , telephone costs , and emotional distress . 4. Claimant seeks FIFTY-ONE THOUSAND EIGHT HUNDRED AND SIX DOLLARS ($51 , 806.00) in general and special damages as a result of the actions and inactions of t e Co ty of Contra Costa. DATED : January 24, 1990 ,. JOHN C . WILLBRAND, Attorney for MARCY MALOCH coup1° n . . ,.y' GLI nS�f CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JA N 1 DO Martinez C p► ;` 553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 27, 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: $2,500,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MANDELL, Steven ATTORNEY: Frank M. Pi tre Cotchett & I.11ston Date received ADDRESS: San Francisco Airport Office Cntr. BY DELIVERY TO CLERK ON January 19, 1990 (cert #P710-165-478 840 Malcolm Road, Suite 200 Burlingame, CA 94010 BY MAIL POSTMARKED: January 18, 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. January 19, 1990 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy 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: i/ I-1 L9(j BY:/I 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 (eo 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 2 7 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect' 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: FEB 2 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator . t. _ LAW OFFICES LOS ANGELES OFFICE 12100 WILSHIRE. SUITE 1100 COTCHETT & ILLSTON LOS ANGELES. CA 90025 (213) 826-4211 OF COUNSEL SAN FRANCISCO AIRPORT OFFICE CENTER OF COUNSEL ALAN W. HAVERTY 840 MALCOLM ROAD. SUITE 200 ALFRED V. CONTARINO BURLINGAME,CALIFORNIA 94010 WASHINGTON,D.C.OFFICE TELEPHONE (415) 697-6000 2018 CLARENDON BLVD. TELECOPIER (416)097-0577 ARLINGTON. VA 22201 (703) 525-6750 CABLE:JURE OF COUNSEL MARK P. FRIEDLANDER, JR. Clerk, Board of Supervisors Date: J4nun;9�� 651 Pine Street SEC t Room 106 Re: Ct2r+ *P"710-/& `/7? Martinez, California 94553 JAN 19 1990 L r - PHIL F)AT HELOR CLERK COARD OF SUPERVISORS D CG 'T" 2 Enclosed are the following documents: E OSTA CO. CLAIM AGAINST THE COUNTY OF CONTRA COSTA, BEFORE THE BOARD OF SUPERVISORS Dear Clerk:aktc Would you please, File the enclosed. XX File the enclosed, and return the endorsed copies. Have Judge sign, file the original, and return the endorsed copies. Record and return. Also enclosed is a check in the sum of to cover fee. Kindly return your receipt. Yours very truly, LAW OFFICES OF COTCHETT & ILLSTON By FRANK M. P1TRE Attorney RECEIVED 1 ' J A N 19 1990 2 PH•.L tRATCHELOR _ CLERK uOP.RU OF SUPERVISORS $ cor - sTn co. 3 Deu 4 5 6 7 8 9 10 CLAIM AGAINST THE COUNTY OF CONTRA COSTA, 11 BEFORE THE BOARD OF SUPERVISORS 12 13 IN THE MATTER OF THE CLAIM OF 14 STEVEN MANDELL, AGAINST THE 15 COUNTY OF CONTRA COSTA, BEFORE 16 THE BOARD OF SUPERVISORS 17 / 18 19 TO THE COUNTY OF CONTRA COSTA, BEFORE THE BOARD OF SUPERVISORS: 20 1. I, the undersigned, am an attorney at law duly 21 admitted to practice before all Courts of the State of 22 California. I hereby present this claim against the COUNTY OF 23 CONTRA COSTA before the Board of Supervisors , on behalf of 24 claimant STEVEN MANDELL whose address is 1348-1/2 Ralston , Reno, 25 Nevada. My mailing address is : 26 LAW OFFICES Co,r itETT&1I.1,NTO N 1 FRANK M. PITRE COTCHETT & ILLSTON 2 San Francisco Airport Office Center 3 840 Malcolm Road , Suite 200 Burlingame, California 94010 4 2. The mailing address to which notices concerning this 5 claim should be sent is as follows : 6 FRANK M. PITRE 7 COTCHETT & ILLSTON San Francisco Airport Office Center 8 840 Malcolm Road, Suite 200 Burlingame, California 94010 9 3. The date, place and circumstances giving rise to 10 this claim are as follows: 11 (a) This is a claim for damages based upon the 12 personal injuries suffered by STEVEN MANDELL. The injuries 13 occurred on August 5 , 1989 at or about the hour of 3 :00 p.m. ; 14 (b) On the aforementioned date , STEVEN MANDELL was 15 a guest with his girlfriend and her family on a boat which was 16 being used to water ski in Taylor Slough. The boat was being 17 operated by Lorraine Stewart. STEVEN MANDELL was in the water 18 putting on his skis when another boat entered into the area 19 causing an unexpected and unforseeable water displacement such 20 that the operator of the boat was forced to undertake a corrective 21 measure, during which STEVEN MANDELL was struck by the propeller 22 of the boat. STEVEN MANDELL suffered a fractured left hip and 23 several severe lacerations to the left leg; 24 (c) At all times prior to this incident, Taylor 25 Slough which is one half mile north of Leisure Landing, was owned, 26 LAW OFFICES COTCHETT&IIA,STON' -2- 1 managed , maintained and/or controlled by the COUNTY OF CONTRA 2 COSTA, their servants , agents , employees and/or joint venturers ; 3 (d) Claimant is informed and believes , and thereon 4 alleges, that at all times herein mentioned the COUNTY OF CONTRA 5 COSTA, their servants , agents , employees and/or joint venturers 6 created a dangerous condition by allowing Taylor Slough to become 7 physically changed , flawed, damaged and/or deterioriated due to 8 the unnatural and artificial buildup of sediment , encroachment of 9 the shores , depletion of the water supply and resulting increased 10 concentration of pollution, even though the COUNTY OF CONTRA 11 COSTA, knew that this property was conjested and extensively used 12 for water skiing and other water sports , such that a substantial 13 risk of injury to those using Taylor Slough and adjacent and 14 adjoining waterways with due care in a reasonably foreseeable 15 manner was created. 16 In addition to the dangerous condition created 17 as described above, the COUNTY OF CONTRA COSTA, their servants , 18 agents , employees and/or joint venturers further created a 19 dangerous condition by continuing to publicize, encourage and 20 induce the use of the property for various water sports when in 21 fact Taylor Slough was narrowing and becoming shallow due to the 22 artificial alteration which should have been discovered and was 23 becoming more and more heavily polluted due to the depletion of 24 the water supply, creating an unreasonable and greater risk of 25 harm than would be normally expected for water skiing. This 26 dangerous condition was created and/or exacerbated by the overuse LAW OFFICES CUTCIfETT&11.1,STON -3- 1 of the property due to continued advertising of the suitability of 2 Taylor Slough and adjoining waterways for water sports including 3 water skiing. This dangerous condition was not reasonably 4 apparent to , and would not have been anticipated by a mature , 5 reasonable person using the property with due care in a manner 6 reasonably forseeable; 7 (e) Prior to the incident, claimant is informed and 8 believes , and thereon alleges , that at all times herein mentioned , 9 the COUNTY OF CONTRA COSTA, their servants , agents , employees 10 and/or joint venturers , had a mandatory duty to: supervise, care 11 ' for, patrol , control , maintain and/or inspect the waterway on 12 which this incident occurrred, so as to eliminate dangers created 13 by the artificial and unnatural alteration of the property and the 14 over crowding and over use of the property; as well as to enforce 15 procedures , policies , rules and/or guidelines to establish a 1 16 program for inspecting , supervising and/or monitoring the waterway 17 and the literature distributed advertising the property for water 18 skiing and other water sports particularly where such advertising 19 induced the over crowding and over use thus creating the dangerous 20 condition; 21 (f) Claimant is informed and believes , and thereon 22 alleges , that at all times herein mentioned the COUNTY OF CONTRA 23 COSTA, their servants , agents , employees and/or joint venturers , 24 negligently failed to perform the aforementioned duties , such that 25 the dangerous condition created by the unnatural and artifical 26 buildup of sediment, encroachment of the shores , depletion of the LAW OFFICES �.'tlTt•H F:T7'ait IIA.KTtt\ -4- 1 water level and resulting increased pollution together with the 2 increased useage of Taylor Slough due to advertising by the COUNTY 3 OF CONTRA COSTA, their servants , agents , employees and/or joint 4 venturers caused undue and unexpected surface water displacement 5 during ordinary boating activities thereby proximately causing the 6 injuries suffered by STEVEN MANDELL ; 7 (g) At all times prior to the incident hereinabove 8 i described , the dangerous condition had been allowed to exist for 9 an unreasonable length of time for which the COUNTY OF CONTRA 10 i COSTA, their. servants , agents , employees and/or joint venturers 11 had, or should have had, actual and/or constructive notice of the 12 dangerous condition , yet failed to warn users of the waterway of 13 such danger , ' or undertake appropriate measures to remove the 14 danger. 15 4. Claimant is informed and believes , and thereon 16 alleges , that as a proximate result of the negligence of the 17 COUNTY OF CONTRA COSTA hereinabove described, and the dangerous 18 i condition of,,public property which existed , STEVEN MANDELL was 19 severely injured. 20 5 . The identity or identities of the public employees 21 responsible for the injuries to STEVEN MANDELL are unknown at this 22 time. 23 6. As a proximate result of the wrongful conduct of the 24 COUNTY OF CONTRA COSTA, their servants , agents , employees and/or 25 joint venturers hereinabove described, claimant has suffered 26 ' economic and .non-economic damages including, but not limited to , LAW OFFICES C-TCHETT&I1.1-NTU\ -5- 1 medical expenses , wage or income loss , diminution of earning 2 capacity, and general damages including pain and suffering , 3 emotional harm, worry, anxiety and other related damages arising 4 from the injury itself. The amount of economic and non-economic 5 damages claimed as of the date of presentation of this claim is 6 $2,500 ,000. 00. 7 I declare under penalty of perjury under the laws of the 8 State of California, that the foregoing is true and correct to the 9 best of my present knowledge and belief. Executed this 17th day 10 of January, 1990 , at Burlingame, California. 11 � 12 COTCHETT & ILLSTON 13 ,l 14 • 15 By R M. R 16 17 18 19 20 21 22 23 24 25 26 LAW OFFICES ('0T1'lit:•1'T&TL STOW -6- PROOF OF SERVICE BY MAIL [C.C.P. § 1013(a) (3) ] 1 I, DARLENE PARENT, am a citizen of the United States ; my 2 business address is San Francisco Airport Office Center, 840 3 Malcolm Road , Suite 200, Burlingame, California 94010; I am 4 employed in the County of San Mateo , where this mailing occurs; I 5 am over the: age of eighteen years and not a party to the within 6 cause. I am readily familiar with this firm' s practice for 7 collection and processing of correspondence for mailing with the 8 U.S. Postal Service. Such correspondence would be deposited with 9 the U. S. Postal Service the same day it is placed for collection 10 in the ordinary course of business . I served the within 11 CLAIM AGAINST CONTRA COSTA COUNTY, BEFORE THE BOARD OF SUPERVISORS 12 on the following person(s) on the date set forth below, by placing 13 a true copy thereof enclosed in a sealed envelope with postage 14 � thereon fully prepaid, in the United States Post Office in 15 Burlingame,! California , addressed as follows : 16 CLERK, BOARD OF SUPERVISORS 17 651 Pine Street Room 106 i 18 Martinez , California 94553 19 I declare under penalty of Perjury that the foregoing is 20 true and correct. Executed on January 18 , 1990 at Burlingame, 21 California. 22 23 24 DARLENE PARENT 25 26 LAW OFFICES (20TCHETT LLSTON f 0 CID ���.;`•�`r G ti � V 2 i S W Cd 0 rA 7z vo qe4 m C Oji `' V oiS y oG V vZ G� N Irk ap �,,.• - a - _ 1. 33 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 27 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 GovernmVIt Code unty Amount: $90.00 Section 913 and 915.4. Please note all "Warnings". CounselCLAIMANT: MARTIN, Ronald R. Jrlr� I.7 © ATTORNEY: Martinez. CA 045,53 Date received ADDRESS: 2876 San Carlos Dr. BY DELIVERY TO CLERK ON January 30, 1990 (hand delivered) Walnut Creek, CA 94'598 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Januar 30 1990 PPHHIL BATCHELOR, Clerk DATED: y BY: Deputy 1I. FROM: County Counsel TO: Clerk of the Board of Super isors (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: I n 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). IV. BOARD ORDER: By unahimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I' I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: FF R 2 7 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect 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: FE B 2 R 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator i i 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, 19879 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• i 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 ) Reserved for Clerk's filing stamp � ynJA � � 2 X11921 �l ) RECEIVED ((uc�+cd ��:Co Against the County of Contra Costa ) �QN 3 0 1990 or ) PHIL BATCHELOR District) CLERK BUARDOFoSUP RMORS Fill in name The undersigned claimantlhereby makes claim against the County of Contra Costa or the above-named Distric0n. the sum of $ o o and in support of this claim represents aslfollows: --------------------- ------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) --------------- ----------------------------------------------------------- 2. -------------------------------------------------------- 2. Where did the damageor injury occur? (Include city and county) "Ur- r_e= �C ------------------------ '----------------------------------------- -------- o . 3. How did the damage or injury occur? (Give full details; use extra paper if required) R E I U.r,- .l"l G r-_ E r S i G ry Y G u c. U l r �, 2 v A 4 -L f 7a Fon r 11 r r i : La. M`r t n a. r c o _ i,J 1� c. F-41: G-k; c 4k q �_ G-rL F e N -r Fd c ZNa CkiR �zran,\ 0'\J TE. 0waN S . TtA.r, SIp`rR ; FC- S C ra_ $r _n m E}�� n z ,i1�— r�c c r w -- 4. —�-- -- -- ------- -- --- ----- --- 4. What particular act 6r omission on the part of county or district officers, servants or employees caused the injury or damage? (over) I i 5. What are the names of county or district officers, servants or employees causing the damage or injury? IGDn WHyINc- SiRovD ------------------------ i �-- ------------------------------------------------------ 6. What damage or injuri�es ,do you .claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. i 5 CN ki R St- A X k FI i U i f--,q is 0 -0 F-a N i l Gz 1=.� (� u M r r< S'flo� l.o Sr �k r t, r-.L ) Y --QTS' A-rc TSG t3 lAT6 � GIU ---------- - ----------------------------------------------------------- 7. How was the amount cli aimed above computed? (Include the estimated amount of any prospective injury or, damage.) SAF TWIG ���iui A cET, n� � ,— r 8. Names and addresses of witnesses, doctors and hospitals. oT�A f R T� rz rL to i�k r- c� 2 ���,.�A of r-\ L✓ r� S ��- asJl,�T i.w � T f ZrlrNr_ t\2 �Qh2 I S i a,j S t� Q. , bi r, u�— ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Y.....:.. f Q3, iII was pr�', � oti* :;il Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICESiTO: (Attorney): or by some person on his behalf." Name and Address of "Att'orney °Y ;•'-: /� - ,�-- Claimant's Signature Z v S �� �`ntilo � Y�►Z , Address Telephone No. Telephone No. 3 } - z 9 5 3 N 0 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 ($19000)9 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. 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ERSECTION`' - - : w�u�c ,:' 11 - _ �'�.. �qy �=1-<:ti a •,UY.{'-� _ _ _ .� �ryyyy� :P RTY' Ts; IJ1ST;:FIRST;MIDDLE' - A =.LAST F1RSTddIDOLE:'-013 . �s�a. �..-.::.::.. `I+ARII.I.t. _-.... .._.. . , .. •-�..x.,:r- -.:-......::i:.'::^ :;Yy� DOB - - ,.tirGE=ist, _.,_ i:.. •:T -7ro .—:ADDRESS:.., .::`,;:,:, �lTY�.,. ST. _ dTY, 'PHONE.: '..:.'::: ". DRIV R 1 - IR' F TRAVEL DIR.:OF:TRAVEI.::.�_.r'.. . - - - - f,LIC.NO ';:: �•' ST:;1=VEH.YR—MAKE _. VEHI LE DAMAGE . DISPOSITION._YEH.LIC.NO: ^�; S — VEHICLE DAMAGE : DISPOSITIOr A. - VEN.•REG.OWNERINAME—ADDR. �.VEH.REG.OWNERINAME—ADDR. . .. ., .:. ._........ _ _ ........ : 1N,rra—. COLS nit Y OF Co►.4r INSURANCE CARRIER ".:'POLICY NUMBER URANCE CARRIER R Cosi^A ��:Cst+�I�F.'S PARTKAl2,—=LAST,fIRST;MIDOLE ::: '. .........y.•.oe- :- :PARTY i2'—'LAST,f1RST:;IMIDOLE n .. ....._...•.. .......... ...._._-. :'•«..;��'. :.: r' ST. SSS....,...__. _ ._.._._...._...._...._.-...__�_._:.. ....... TY._.,.. ...........:.:�:: _ - - - NE_, PHONE...::...._:.::" ' .••:.: °:::ORIVER'L1C:`NO: ;:,',.:i;..::: $ + DLR;OF TRAVEL �. _..:•: - - VEH:;UC:'NO.:'r_•:"<;?a ST: EH.YR.—MAKE VEHICLE DAMAGE DISPOSITION V y EH.-LIC.-NO: '..:..+-',*,:ST..:.;;:. VEH.YR.—:MAKE VEHICLE DAMAGEJDISPOSITIO r r 1 .. - .. _ ..,... - •_ . • VEH.REG.OWNERMAME—ADDR. VEH.REG.OWNER/NAME—ADDR. INSURANCE CARRIER POLICY NUMBER = INSURANCE CARRIER POLK Y.NUMBER _ 1Cc,�4a4� PROPERTY DAMAGED—OWNER—TYPE DAMAGE - - NOTIFIED OYES -' PROPERTY DAMAGED_OWNER—TYPE DAMAGE :. .'- '= r. NOTIFIED O YE: • . . ... ONO,` NO `N _ N HEAD-0N . A HEADON B SIDESWIPE T': 8.81DESWIPE .Y. C REAR END - �/ :C REAR END E D BROADSIDE YCn11�ALID tlALL£i ..Q� E' D BROADSIDE .1 - 1 _ - - - _ _ - E HIT.OSJEC7 O E HIT OBJECT F F: F OVERTURN ' ED G.AUTOIP.ED ..O; s G AUTO/PED .- �. L•: M OTHER H OTHER :;PCF::;:. VEH PGF.:: '�I VEH F DETAILS:WITS—BRIEF SUMMARY DETAILS:WITS—BRIEF SUMMARY i Q T rk "f rt. _ # A ✓, :A 1�i54VAr e' AY)A rn(1 J D - --------------- _ �icle,stl.�,.'i r\ � 1 r1{7rinnr i,�►. . - NCPD FORIA l555A Rev.4/89 REPORTING OFF. P- WCPD FORIA N555A Rev.4/89 REPORTING OFF. P— C SAGE OF d A .S . ... PAGE I OF V" _" � v�� ; i NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM T0: Darry atthews 904 Mell Martinez, C 94553 Re: Claim of DARRYL MATTHEWS 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: I 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 statelthe 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 I - l Deputy Co ey Counsel CERTIFICATE OF SERVICE BY MAIL C.C.P. ISS 1012, 1013a, 2015 .5; Evid. C. 55 641, 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 envelopes) 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: �� -Q)_.\fib , at Martinez, California. cc: Clerk of the. Board of Supervisors ( iginal) t Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 . 8) �. 33 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 27, 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: $130.00 Section 913 and 915.4. Please note allrni qs" 6'b� Y Counsel CLAIMANT: MATTHEWS, Darryl JAN 3,0 _ . r) 1330 ATTORNEY: Martinez CA 04,553Date received ADDRESS: 904 Mellus BY DELIVERY TO CLERK ON January 30, 1990 (hand delivered) Martinez, CA 94553 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 30, 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: �_ ( b BY: � � Deputy County Counsel 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 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: F E B 2 7 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secti 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 R 2 R 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator :LAINi% TC? -BOARD .-OF SUPER•'ISORS OF CONTRA COf,PturMi�it �1 appllcatlon to: Instri.ctions to Claimant C'erk of the Board P.0.Box 911 Martinez,California 94533 A. Claims relating to causes of z:'-tion for death or for injury to • person or to personal property .or growing crops must be presented not later than ;the 100th day after the accrual of: tle cause of 'action. Claims' relating to any other cause of ac=tion must be presented. not later than one .v'ea.-r. aft vi the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be_ iifiled with the �'lerk of the Board cf Superl,-i :rz at its .office i�n Room 106 , Coii',Zty ._Admiri.str=_tion Building, 651 Pine Street, Martind.z , California X553: C. If claim is against a district governed by the Boz:rd>,of Supervisors , rather than the' County, . the n- 'ae of the District _hould be filled in. D. If the claim is; against more tla.an one public entity, separate claims must be filed is.; each public entity. E. Fraud. See penalty for fraudu'..ent claims, Pe:gal ,Code Sec. 72 at end. of this form. RE: Claim by ) Reserved for�C,le�kms ,f_ling sta.n:ps A?b �►�-. ----) - RECEIVED JAN 301990 Against. the COUNTY OF CONTRA CDSTA) T��.- :;. � FIIlL ELL Or l; D + ''I ) _ CLERK BOARD�.•.� L�....� _(Fill iril' name) ) a. .�a ►re.Q... -- �. . . .--The undersigned claimant hereby makes claim agains nty .-of Contra. Costa or the abo+ e-;named District in the -s Gam of $ �, and in support of this claim repre=sents as follows : 1. when did the damage�or injury- occur?, (Give exact date an 2 Where did the .d.'amage or injury;`occur? (Include c i `yaman d 'cozen j�) `6`j�-�L..LNI/ sheets if required) 4 . What particulariact or omissic;i on the part -of county or _district - officers ; servants or employee:; caused the injury or damage? (over) b— I '.:5..:.:•� zat� ar.e.:the..names of county or c istrict officers , servants or 1 employees::causing! the damage or injury? I ---- -------------------------------------------------------------------- � 6 . �4hat damage or injuries do you claim resulted? (Give full extent of injuries or :damas claimed Attach two ,s im s or auto' - ----- ------ =- ----- -- -- 7. How was the amount claimed above co-mputed? -- *11Y thud- the--esti- mated amou of a �y prospective injury or dama.ge. ) -� -------------------------------------------------------------------------- S. Names and addresses of witnesses , doctors and hospitals. i i ------------------------------------- - I 9 . List...the� ap.en.ditu+ �you made cin account of this accident or injury: M UNT . A. .4...y1•TL Y WY•.u9.t4.iY.••-••�....nt..•pLfr Y9.-••}iR.l I Govt. Code Sec. 910 . 2 provides : j: "The claim SEND NOTICES TO: (Attorney) igned by the claimant or b somP, person on is behalf " Name and Address of Attorney ' Ad t o Telephone No. l'�� <14e Z q�(SS3 .elephone No. �- 6� ? 0 -%T6 N(1TICE . Section 72 of the Penal Code provides: "Every person w1io, with intert to defraud, presents for allowance or � for payment to any state. board or o"ficer , or to any county, town, city district, ward or viilage board or officer, authorized to allow or pay the same if genuine , any false or f-caudulent claim, bill, account , vOU-149.* or writing , is guilty, of a felony. " i i CLAIM BOARDI.OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or Districtigoverned by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 27 , 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: $1 , 000 . 00 Section 913 and 915.4. Please note all "Warnin, q'��unty Counsel CLAIMANT: ROBINSON, Willard. M4 � ���� (1750008) 3• ; o ATTORNEY: r V/Rrtine2, Date received CA °.4553 ADDRESS: 651 I Street BY DELIVERY TO CLERK ON January 26 , 1990 Sacramento , CA 915814 BY MAIL POSTMARKED: January 25 , 1990 1. FROM: Clerk of the Board of Supe.Irvisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: Jan>>a r�r -i n 1 Cl QQ BY: Deputy 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substahtially with Sections 910 and 910.2. 1 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 ij 2 Dated: BY: J • / Deputy County Counsel 0 NJ/ 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 ( 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 2 7 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sects 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. i Dated: F E B 2 8 199Q BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Wi and Robinson 651 I reet Sacrament CA 95814 Re: Claim of WILLARD ROBINSON i Please Take Notice As Follows: i 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 oterwise 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. 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 statelthe 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 ($10,0.00) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. x 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN; ounty Counsel 1�J By: Deputy Cou y Counsel CERTIFICATE OF SERVICE BY MAI C.C.P. i§§ 1012, 1013a, 2015 .5; Evid. C. §S 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 (o 'ginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910. 8) ciA1YJ Tn.- BOARD OF SUPERVISORS OF CONTRA COWTurg 2R�irl applIcr tic n 10'. Instructions to Claimant Clerk of the Board I—VI P. U. Box 911 Marlinez,California 945.53 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day 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. (Sec! 911. 2 , Govt. Code) 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 ; California 94553. C. If claim is aaainst a district coverned by the Board of Supervisors , - .1 rather than the 1"County, the name othe District should be filled led in. D. If the claim is against nsniore than one public entity, separate claims I I L. - - I must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps /?J-600f E CEF I V E D 7 Against the COUNTY OFCONTRA COSTA) JAN 2 G 1990 a PI111,BATCHEI OR or Z,ISTRICT) _AR.D OF SUPERVISORS CLERK 0.0 A COSTA CO. (Fill in name) " 3s ......... . The undersigned claimant hereby makes claim again - the County of Contra Costa or the above-named District in the sum of $ ; I and in support of this claim represents as follows : ---- ---ate andhour)----- ---------- ------ --- - When-cid-the -,i - injry occur?- (Give-exact-d 106 rt ------------ - ----------2.! Where di ------ the-damage-or-injury occur? nclude city and county) , ec"el Y-Ci t26,3 cot 10/Y e1j 14 --------------- 3. . ZA.A How did the 6r in-)ury occur? (Give full details , use extra e" d) &) '06,/,4". &9, sheets if requir A,,,q &�1*24 hec'-I,Fkl &9y 7haS k hc� .a7ct or omission on the what Particular , part of 4colantv Or district Officers , servants or employees caused the injury or damage? Ile e, (over) 6vo batt- -fo. Ole 91910 I . --- I 'I ,061-c,,ei�if, _ - --�i�r-��a_TE r2f''� ���5_r �Orv�!_CI�U.�cr_�__.�.J_�-�fld�er_�c-�-.--�✓�.--��jr�-�� -�-- p . ��_...f/ � _f�ry �E�_-l,�J�'r_E__ o_.�. � ._ . ._rte � r 1100 _ _-- 01 a- I. it I .p I. -----------.�a ak-%��_-_�'�{3�=--- -9000 i6 8,3,x'-------- -------- ------- — -- - ------------- 4 y U o ~� �9s- 6A KuO ti Lci v 3-3 CLAIM BOARDIOF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA G�iJ � ii 4 Claim Against the County, or District governed by) BOARD ACTION z the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 27, 1990"S� 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: Safeway Stores, Inc. ATTORNEY: Gerald P. Martin, Jr. Martin, Ryan & Andradai Date received ADDRESS: One Kaiser Plaza, Suite 2275 BY DELIVERY TO CLERK ON January 26, .1990 (hand delivered) Oakland, CA 94612 BY MAIL POSTMARKED: - - I I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pHIL BATCHELOR, Clerk DATED: January 26, 1990 _ 39�m�� II. FROM: County Counsel TO: Clerk of the Board of Supe ors I This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to complyjsubstantially 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: 2(' 190 BY: a �• / Deputy County Counsel Q_0 III. FROM: Clerk of the Board T0: 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 I This Claim is rejected in full . ( ) Other: i I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: FEB 27 1990 1 PHIL BATCHELOR, Clerk, By Deputy Clerk Or 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: FEB 2 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVEDQ Q � MARTIN, RYAN & ANDRADA JAN 2 6 1990 A Professional Corporation Ordway Building, Suite 2275 /.'/<- /-. ni. PH!L BATCHELOR One Kaiser Plaza a eKSOARDOFSUPERVISORS Oakland, CA 94612 _By .. .... Dgwty (415) 763-6510 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 27, 1989 SAFEWAY STORES , INC. was served with a complaint captioned Claretta Holman v. Safeway Stores, Inc. Case No. 095905) . The action was filed in the Municipal Court of California, County of Contra Costa Bay Judicial District. 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 , -1- 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 extends not only to the complaint 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. -2- 8 . The amount of the claim and the basis for its computation have yet to be determined. DATED: ,• . -7-1 4 .G MARTIN, RYAN & ANDRADA A Professional Corporation r B4 " JOLIE K KA R -3- 1.33 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 27, 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: $30,000.00 Section 913 and 915.4. Please note all "Warcauhty Counsel CLAIMANT: SWARTS, James. A. JAIL 3.0 1990 ATTORNEY: Martinez. CA 04553Maryanne Britten, Es,q. Date received ADDRESS: 2151 Salvio St. , Suite 310 BY DELIVERY TO CLERK ON January 30, 1990 (hand delivered) Concord, CA 94520 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH g DATED: January 30, 1990 8Y?L DeputyLOR, Clerk 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: I. 1 Dated: ' �fi 15f� 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). 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 2 7 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sects 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 2 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator TO: BOARD OF SUPERVISORS OF CONTRA COM- A�Wyepplication to: Instructions to Clal ntC•erk of the Board M rtinez,California 94553 A. Claims relating to causes of action for death or or injury to person or to personal property or growing crops must be presented not later than the 100th day 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. (Sec. � 911.2, Govt. Code) 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 , � California 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 agai inst each public entity. . E. Fraud. See penalty for fraudulent claims;_'Penal Code Sec. 72 at end of this form. •*�*t�f:�*•fry**���:������tf*t**t**�tt�*�:****�*���:*��►�**��tr�***trr�*•f* RE: Claim by ! )Reserved . or _r7 Pr a f4 t=.ng stamps JAMES A. SWARTS ; RECEIVED , JAN 3 01990 Against the COUNTY OF CONTRA COSTA) FNH BATCHELOR or DISTRICT) CLERK BOAW COf OSTA CORS epory F1 n name ) 8 ......... D The undersigned claimants hereby makes' claim against the County of Contra Costa or the above-named District in the sum of $ 30,000.00 plus job rei11-- and in support of this claim represents as follows: statement I. When dId the damage or In3ury occur? (Give exact date ani hour] August 15 , 1989 o=-In3ury-occur? - Include-city-and county Martinez , CA 3. How did the damage or injury occur? (Give �uII �etaiIs, use extra . sheets if required) Claimant was terminated from his temporary position with the Contra Costa County Sheriff ' s Department based upon no job relevant considerations . Claimant was discriminated against based upon his age and also upon the fact that TOM YOUNG -arbitrarily determined that he no longer wanted Claimant employed by Contra Costa County. _ -------------T---------------T--T------------------------------ -- 4. What particular a'ct or omission on the part of county or district officers , servants or employees caused the injury or damage? TOM YOUNG arbitrarily determined that plaintiff should not be hired as a permanent employee despite claimant ' s excellent evaluations and recommenda- tions by supervisors that claimant be hired as a permanent employee. TOM YOUNG referred claimant to Dr. Roberts for a psychological (over) evaluation knowing that said doctor would report that claimant failed the evaluation. i 'I What are the nab -s of county or district officers, servants or' employees causi ' the damage or injury? TOM YOUNG 6. What damage or injuries do you claim resu�te�? ZG�ve full extent of injuries or damages claimed. Attach two estimates for auto damage) Claimant was terminated from his temporary position and denied the opportunity of a permanent position with Contra Costa County. Claimant will be damaged in the future based upon his alleged failure of the psychologitast -------------------=---------------------------- -- --------------- ' 7. How was the amount claimed above computed? ZInclude the estimated amount of any prospective injury or damage. ) $2 , 5001OO. per month gross loss of income, general damages -- ----------------=----------------------------------------------------- B. Names and addresses of witnesses, doctors and hospitals. i Sgt . Glen Barley Contra Costa County Sheriff ' s Department, i i I 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT n/a i Govt. Code Sec. 910.2 provides : "The claim.signed by the claima SEND NOTICES T0: (A'ttorne ) or b ,some erson on his behalf Name and Address of (Attorney LAW OFFICE OF MARYANNE BRITTEN Claimant's Signature Box 2151 Salvio Street , iSuite 310 P. 0. Address3 Concord, CA 94520 Martinez , CA 94553 Telephone No. 825-9448 Telephone No. 228-3755 NOTICE Section 72 of the Penal Code provides: "Ever person Moho, with intent to defraud, Y P presents for allowance or for. payment .to any state board or officer, or to any county, town, city district, ward or villlage board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, vouche or writing, is guilty of a felony. " i i i i i. 33 Arn�ND>ra CLAIM BOARDI'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 27, 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: $1,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ROBINSON, Willard ATTORNEY: Date received ADDRESS: 651 i Street BY DELIVERY TO CLERK ON February 12, 1990 (via Counsel) Sacramento, CA 95814 BY MAIL POSTMARKED: February 7, 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 13, 1990 IVIL BATCHELOR, Clerk i 1. FROM: County Counsel TO: Clerk of the Board of S p sors ThisAclaim complies substantially with Sections 910 and 910.2. -��� po�,J �IP'"� IIZCI trio ( ) This claim FAILS to comply; substantially with Sections 910 and 910.2, and we are oFnotifying 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: Z IG o BY:I /JIU A Deputy County Counsel 0— N 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 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: F E B 2 7 1990 !1' 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: FEB 2 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator i i • - . it .I 41 'I t�r/ov' e?Se7gcc_ . his/C�_ t'' i�S,C�`i:'Cr . ✓e�,rJ- -'�J -f��'S . ��Jc3cy�i�—i' ..G��. . /_. �I 'I �I •i I I I e?11e7 ef II J • • . • VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO �� �5`l� 11 P.O. BOX 69, CO. ADMIN. BLDG., MARTINEZ, CA 94553 DATE SUBJECT W � I I v I 1 p-EC h'`I -E p CONTRA CQS!A CC. By ...............(i... ............ DF.urr__ I I� I • r Ii Io -41 0 1 i