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HomeMy WebLinkAboutMINUTES - 01231990 - 1.18 CLAIM 41, 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 January 23, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: FIELDS, Ventearous 11989 ATTORNEY: Date received MartinezGIA N-45 ADDRESS: 4735 Arno Ct. BY DELIVERY TO CLERK ON December 28, 1989 (via Clerk's 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. ppHH gg DATED: December 29, 1989 JV DeputELOR, Clerk Y 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: 9 1 196 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( his 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:,= 2 3 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec ion 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 2 3 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Vente ous Fields 4735 Arn t. Richmond,. CA 4804 Re: Claim of VENTEAROUS FIELDS 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. 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, unty Co sel By: Deputy C Counsel CERTIFICATE OF SERVICE BY MAI C.C.P. 99 1012, 1013a, 2015 .5; Evid. C. 99 641, 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: \\� \b at Martinez, California. cc: Clerk of the Board of Supervisors (oliginal)� Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 . 8) SI Ieriff-Coronertr Richard K. Rainey Contra SHERIFF-CORONER P.O. Box 391Cos}� Duayne J. Dillon Martinez, California 94553 l Assistant Sheriff (415) 372- 4494 County Inty Warren E. Rupf . Assistant Sheriff Al DEC,2 81989 PHIL BATCHELOR CLERK BOARD OF SUPERVISORS C COSTA CO. B ............ .-Deputy_ Le Enclosed, is a County Claim Form., Please list the missing articles and their value, along with any documents you may have, i .e. , receipts etc. Be sure you have included pertinent dates that tie in with your loss. These dates should show when you were brought here and when you left. Then you must return this form to Contra Costa County, Clerk of the Board; P.O. Box 911, Martinez, Ca. 94553 r Y C. Ludwig Support Services Dept. Sv �kr 40 4� t � I' , f ' P r JAN EQUAL OPPORTUNITY EMPLOYER L-AIM,% TCS• BOARD OF SUPERVISORS 01' CADMI,IM C=1 ,� ,r �,npplfcatlen to. Instructions to C1al rant ClarkW 6aard �(Cw'itornla 94533 A. Claims relating to causes of action fcxx lde-at:b or, '100. , .Zu3ury, to person or to personal property or grou-lm:g crmas Wit= be ;presented not later than the 100th day after they; accc=a+all of t: cause ,of action. Claims relating to any other cam-me of =artier str be presented not later than one year after• t a, . !bf t;ae icause of action. (Sec. 911. 2, Govt.- Code) B. Claims must be, filed with the Clerk of 'It be Board of :5 rv3sors at its office in Room 106 , County _Adin. .aln:strfa,tivn 3u.-ill n:gA 1651 Pine Street, Martinez , California 94553. C. If claim is against a district govern-e by tEhe Bva-_-uH cmf .:Supervisors , rather than the County, the name of the :1D: _strict shazmil(d be milled in.. D. If the claim is against more than one pmb11ic cemt;itov„ sepasat-e claims must be.. filed against each._public entfli, _ - E. Fraud. See penalty for .fraudulent clazms, Pezp;1 C,c mac_ 72 at end of this form. RE: b ) FZese=-zd for (C?Lark"s filing stamps ' RECEIVEir u \110- ue ry-:5 _*M Against the'_COUNTY OF CONTRA COSTA) DEC ZH81989 * ~ ) PHIL.BATCHELOR or � DISTRICT) --. CLERK COARD OF SUPERVISORS (Fill n name) ) C TR COSTA CO. De u eg. • The undersigned claimant hereby makes claim, a.ca s�t. Cb=ty of Contra Costa or the above-named District in the s= n (of and in support of this claim represents as o11cws; ----------- ,_._-- ------- 1. When did the damage or injury occur? Wive exact aaaa-ite amd hour) 2. Where did the damage or injury occur?-- 41 ,c3a�a� �.1 ,j ar�tt caunty) _ ----------------------------------------- ------- 3. How did the damage or injury occur? �JGive full, details, use extra sheets if required) " 9 What particular act or omission on the, pmt acot comntsy or dastrict officers , servants or employees cause the iMja x:F err d zge? (over) '.:5..:-:•j� zat.. ar.e.:the_..names of county or district officers, servants or I employeescausing 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 clsimed above computed? (Include the estimated amount of any prospective injury or damage. ) 8. Names and addresses of witnesses , doctors and hospitals - --------=---------------------------------------------------------------- - 9 : List the expenditures you made on account of this accident or injury: DATE'..,_.,. „_. . ITEM AMOUNT L. t AFr0 1nk 14- Govt. -Govt. Code Sec.. 910 . 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some Gerson on his behalf. " Name and Address of "Attorney Claimant ' s Signature 41 w Ar r'o. C+: Address I GU y 1 kMAh,1 C Pt Telephone No. - Telephone No. 2 -g"? 2 Z 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 , any false or fraudulent claim, bill , account , voucher, or writing , is guilty of a felony. " '.:5..:.:•J` zatt ar.e.,the...names of county or district officers , servants or I employees:: causing the damage or injury? - - - ---•�d- �•-• -... .- --- ------------ 6-.- - What amage-----or--in-juries- ---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. ) ----n; ------------------------- ------------------------------------ 8. ames------and addresses of witnesses- doctors and hospitals I 1 ------------------------------------------------------------------------- 9 : List the expenditures you made on account of this accident or injury: DATE 7--MOUNT iy ►� pave Rllc i AFro YIrvK Govt. Code Sec. 910 .2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf, " Name and Address of 'Attorney Claimant' s Signature . � y'� 3� r r►o C-1' Address c 4, m h hC PF ► 9Y�oY Telephone No. - Telephone No. 3 NOTICE - - p Section 72 of the Penal Code .provides: "Every person who, with intert to defraud, presents for allowance or for payment to any state board or officer , or to any county, toy,*n, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill, account , voucher, or writing , is guilty of a felony. " I L INi� TCS- BOARD OF SUPERVISORS OF` Cao T" • Instructions tt� C21aimant 'Mark:if Berard i�fhert.tC$'Irfor l 94533 A. Claims relating to causes of action f,= a, oar, for M--M.3ury to person or to personal property or grow :g cis t be presented not later than the 100th day after the ;ac=m l 0f t ccau-s-e of action. Claims relating to any other Damm: of :a •t 4om ast be presented not later than one year aftem titer aiczl 6f. the cause of action. (Sec. 911. 2 , Govt.- Code) B. Claims must be__ filed with the Clerk of Moard of Supervisors at its office in Room 106 , County .-Aa=ma.stra-,t_1vn 3a.i.1 tgA 651 Pine Street, Martinez , California 94553: C. If claim is against a district governed b, _v t�he ;Bma=d cof S=,ervisors , rather than the County, the name of the aizt=dct sh=d12 'ba filled in.. D. If the claim is against more than one pmOblic iFamtf v„ paT.at-e claims must be filed against each...public ent±+ice_ E. Fraud. See penalty for ,fraudulent cla=z Vie:: ;1 C,=3e Ll;e:c. 72 at end of this form. RE: b ) Izeserved fir (Clzml- "s filing stamps ��lis } , •_ .. R,ECEINTE" Against the_BOUNTY OF CONTRA COSTA) [jEC 2H81989 TCH or �V DISTRICT) - PHRDOF SUPESUPER CLERK COARD OF (Fill n name) ) C TE COSTA CO. De u - The undersigned claimant hereby makes clam :against e Cb=- -ty of Contra Costa or the above-named District in the s7=u of $ w and in support of this claim represents as :fa11cws;: 71, - -- -------------------------------__ i -- . �e,__-__--- --- wh-en--did the damage, or injury occur? ,Give iexa;ct -tan-d hour-) - 2. Where did the damage or injury occur?-- tinclude :_. t�y ars.. euunty) - 3. How did the damage or injury occur? '�Glve full demalls, use extra sheets if required) — ------------------------------------------- �.�___ --------- Z. What particular act or omission on tfi � - cofmzrats� mr district 4 officers , servants or employees caused e .imJTzm:p or (damage? (over) 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 January 23, 199f0 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $25,000.00 Section 913 and 915.4. Please note all "Warnings" CLAIMANT: PENARELLI, Dolores ATTORNEY: Darren J. Kessler _x Attorney at Law Date received Martine° C" t",,.552 - ADDRESS: 207-37th Street BY DELIVERY TO CLERK ON December 28, 1989 Richmond, CA 94805 Cert. No P584-367-737 BY MAIL POSTMARKED: December 27, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. UVIL BATCHELOR, Clerk DATED-. December 29, 1989 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: f / 15 U BY: AJ Q, J • AU J A Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 1 2 3 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:- JAN 2 3 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ♦, .C4 Darren J_ Kessler RECEIVED Ce.♦, pSfy-3107-737 ATTORNEY AT LAW DEC.2 81989 207 37#h Street PHN BATCHELOR Richmond,Cry 94805 CLERK BOARD OF SUPERVISORS 4 b2o—o39 C CONTRA A CO. 4Sy t JJ e u December 26, 1989 To: Contra Costa County Coroners Office 1019 Center Ave., Martinez, CA 91553 To whom it may concern; Enclosed is a Governmental Claim against the Coroner's Office of Contra Costa County. Please stamp both copies and return one to me in the enclosed self- addressed envelope. Thank you. _ ce 1y: Curren J. Kessler Attorney At L DARREN J. KESSLER - ATTORNEY AT LAW 207 37th Street RECEIVED Richmond,CA 94805 (415)620-0398 DEC.2 81989 PHIL BATCHELOR CLERK BOARD OF SUPERVISORS C T COSTA CO. Attorney for Claimant: Dolores PenarelIi B ... De Ut CLAIM AGAINST: 1. Name and address of claimant.- Contra Costa County Coroners Office, 1019 Center Ave., Martinez, CA 94553 2. Send all notices to: DARREN J. KESSLER, Attorney at Law, 207-37th Street, Richmond, CA 94805. 3. Date of occurrence: July 25-26, 1989 Place of occurrence: Berkley, Richmond, and Martinez, CA. 4. Circumstances of occurrence: Death Certificate negligently not signed until one day after funeral. Reliance on the assurances of a Deputy Coroner who said certificate would be signed caused the burial to commence as scheduled. Consequently, however, when the certificate was not signed and made available on the day of the burial, the deceased was disinterred and not permanently buried until the following day. 5. General Description of injury: Emotional distress. 6. Amount of claim and basis for compu ._anion- $25,00 DATED: December 22, 1989 DSA `J. KESSLE Attorney for Clai fant ', , B eoinaeg ;dieoea u,n;sa :, 1 Bulsn ao; nod )luey,L .JO ...�1..�—. may- F^,Syuntaupcd23.Nh HarryS:TrumanU Lo N � 4 S Ln Sl � v o�c O O co o w co X QD a'-o �► w Y Qw w� �o e � 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 January 23, 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 C'n.!,Int, Amount: $273.00 Section 913 and 915.4. Please note all "W hi-ngV.CounSel CLAIMANT:- SALMON, Nancy LL ATTORNEY: Martinez. Grp; 415752 Date received ADDRESS: 4334 Campbell Drive BY DELIVERY TO CLERK ON December 29, 1989 Pittsburg, CA 94565 BY MAIL POSTMARKED: December 28. 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 29, 1989 �tlt 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: Dated: ( BY: ( J Deputy County Counsel I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( his 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. n Dated: JAN 2 3 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: JAN 2 3 199 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim.-to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per sonal property or growing crops- and -which accrue, on or before December 31 19$7, must "be presented: not later''-than the 100th, day'after the: accrual- of:.the ,cause :of action.' Claims relating to-causes .of action for death or for injury to person . or to personal property or growing crops and which acerue. on or after. January ,l, 1988, must be presented not later than six months after the accrual .of the cause. of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration-Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, sepa"rate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal, Code Sec. 72 at the end of this form. RE: Claim"By ) Reserved for Clerk's filing stamp Nancy Salmon ) REC7LRE V.� Against the County of Contra Costa ) OEC 2 9 1989 or ) PHIL BATCHELOR CLERK BOARD OF SUPERVISORS District) COSTA CO. De u Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of..$. and_.in .support of this claim represents-"as follows: ------------------------------------------------------------------------------------- 1. When did the .damage -.or injury occur? (Give 'exact date and hour) August 8, 1989 �s6metime between !':45 a.m.' and 7:55 a.m. 2. Where did the damage or injury occur? (Include city and county) On Marsh Creek Road, Clayton,. Contra Costa County ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use--extra paper if required)See attachment ------------------------------------------------------------------------------------- 4. What particular:act or omission on the part of county or district officers, servants or employees caused the. injury or damage? See attachment (over) 5. What are the names of county or district officers, servants or employees causing . the damage or injury? Contra Costa County --------------------------------7---------------------------------------------------- 5. What damage,or injuries' do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Front wind cracked ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Van was taken to Autolite which is the company Nationwide Insurance uses to fix broken windows. ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. -- J1nrt,.`Linquis_t_-_230_Mountaire,.,.Clayton._ _ , . . - _--. ------' Dennis Lawrence 5455 Dodge Count, Concord Dick Rasmussen - 40 Mt. Reiner Court, Clayton ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 8/08/89 Front window $273.00 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: '(Attorney), or by some 2erson on his behalf." Name and Address of Attorney: �� ✓Yc� ��� (Claimant's Signature- �G1h�.D�P�� Ar �(Add ess Telephone No. - - - Telephone No. -yo7-�y/�_-4Ja�1L. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, 'authorized to allow or pay the same if genuine, any false or fraudulent claim, bill,-account, voucher,,•or writing, is .punishable either by imprisonment in the county jail for. a. period of not more than one year,• by a fine of not exceeding one thousand ($1,000),. or by both sueh :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. 5. What are the names of county or district. officers, servants or employees causing the damage or injury? Contra Costa County 5. What damage,or injuries' do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Front wind cracked 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Van was taken to Autolite which is the company Nationwide Insurance uses to fix broken windows. w ' ------ 8. Names and addresses of witnesses, doctors and hospitals. _i r_t..:.Linquis_t_--230 Mountaire,,Cl ytgn Dennis Lawrence — 5455 Dodge Count, Concord Dick Rasmussen - 40'Mt. Reiner Court, Clayton ------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 8/08/89 Front window $273.00 Gov. Code Sec. 910.2 provides: r "The claim must be signed by the claimant SEND NOTICES TO: "(Attorney), or by some person on his behalf." Name and Address ofAttorney> C a mant's Signature A (Addfess) Telephone No. -- Telephone No. v74y/� _lvorlL 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);. or by both such :imprisonment, and fine, or by imprisonment in the state prison, by a -fine of not .exceedingrten thousand dollars ($10,000; or by both such imprisonment- and fine. . Claim.-to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or .to per sonal property or growing crops and .which accrue- on or before December 31 1987, trust be .presented not later than 'the 100th° day -after- the accrual of: the cause :of action. ` Claims relating to causes .of. action for .death or for"injury to person or to personal property or growing crops and which accrue. on or after. January 19 1988, must be presented not later than six months after the accrual of the cause. of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. i C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim'By ) Reserved for Clerk's filing stamp Nancy Salmon ) FL%10EIVED Against the County of Contra Costa ) OE C•2 9 1989 or ) PHIL BATCHELOR CLERK f;iP,RD OF SUPERVISORS District) ?? COSTA CO. De u Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of.$_. . and in .support of this claim represents--as follows: ------------------------------------------------------------------------------------- 1. When did the damage-.or injury occur? • (Give exact date and hour) August 8, 1989 sometime between 7:45 a.m.' and 7:55 a.m. -------------------------------I-- ------- --------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) On Marsh Creek Road, Clayton, Contra Costa County ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use--extra paper if required)See attachment ------------------------------------------------------------------------------------ 4. What particular .act or omission on the part of county or district officers, servants or. employees caused the, injury or damage? See attachment (over) Question 3 I believe the County was negligent in this accident. The County had been rocking Marsh Creek road for several days. I believe they were wrong in not having more traffic patrols setup during the time the gravel was first layed down or at least until the gravel was more embeded in the road. What I don't understand is why they had traffic partol on Monday, 8/7/89 p.m. and Wednesday, 8/9/89 a.m. but did not use traffic patrol on Tuesday, 8/8/89. Question 4 There was still a lot of rock on the road that had not either been embeded in the road by using the roller or swepted off by the County. Q � e o I looms r rYii ELI T1- ALITO �t fY�)iJ _WORK ORDER rt,,�n#'V DCt+.7 I-i ` r All[ Di..:Yll t �y ,fie s`#yx 47��[,_x ^r4/�z.r. t1.4"t^t,�-tf•� �.. f-h�i^...: rt � r" x JE} t3 8J OCHcit e56c ,` I �K`T fir' s n LF 77a f T1r�S IS t`WQi K,ORDER 4. I��A"C l C)IV! ILL.. I NS UT NCE+ _ - C/O SAf I✓L. TL. !...A � CORP.t. .. i..l._.PYN PO BOX I B­79 W I CH i t Tr'�s FiLiu E,•72 y _ r�;�th,,sCY :=iii!--!-!ON 415 356--5300 taw mss• CANFIPEL.L DR - - 1"1'1.1 TSBURG CPP 91$vGE SAFE AL POSSIBLE El YES P NO DECLINED CUSTOMER SIGN. PART#REPAIRED 1987 CHEk,)R SLE T T AS 1 RO--VAIN 38�y rFi.r r•:I- Aire 7 a t C `cj uanfity }" o (r/ DE X:11 t;- .�:L.l=_ a • • �y�y�3� �� 3t0 �xx�° S� rsL(� MOUNT .TO COLLECT 100. 00 FIRRAP GEMENT y I N—PiHOP :', T0B AD Jt?�t' .Dri.'E.a10 AUc`i 1' `S JOB C1 ' `J0 . TIMEv AMS : �L,l �.s. .TO-B; PF1 geplacement has been made to my satisfaction and I hereby authorize the above insurance company to pay direct in full to the �- h Above listed firm for said installation. If for any reason the insurance company d s not pay for these repairs or replacements the below signed agrees to pay for said repairs or rePr- m 3t. DATE SI NATURE ) ' '13- ' 08 FIUf; 1Q '1ta3q r a MOCK z •�t.r... z TIO[�WIDC INS3'tRANri; ti + r •CL.AIIMEi,, f � ci0 SAF r[_ITE GLASS COW ,BOX 197 WU IZDERF�t7 >. ^H i T>; is 67201 r L� } �. 9 5 IN'V'OICE WILIy 'F .y „OLL a �" � -tc � c s z 1 4 yr �q 3< � r Y �` ay, -e w ! FL'G .�. � r } ,.� ✓.� i"r�s� �e '� i nC i'k ,r ;• K T ti rt_ 4,.p��z F w�� ,.. z .fix f �} .ung�� 6. �r k y3� .. . ANCEOR CHARGE y CUSTOM N :" Y•t! 1 �'.. ^f- '� > � t t 4 4' 4'n t �w � � tfLY{a M1 a �V? S 1 JO O a O 0° c 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 January 23, 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: $25,000.00 Section 913 and 915.4. Please note all "Wa.Dings" ¢vi.1ty Counsel CLAIMANT: HADIX, Connie UL J 1C1 ? ATTORNEY: Mr. Darren J. Kessler J ,• 5i&'r; Attorney at Law Date receivedII1F✓"" ,R't;�. ,�a, t ADDRESS: 207-37th Street BY DELIVERY TO CLERK ON December 28, 1989 Richmond, CA 94805 Cert. # P584-367-736 BY MAIL POSTMARKED: December 27, 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 29 1989 EVIL BATCHELOR, Clerk DATED: 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: i Dated: 2 BY: I _ Q 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 ( �is 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: A A N 2 3 1990 PHIL BATCHELOR, Clerk, By a 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: 'JAN 2 3 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County CounselCounty Administrator Darren J_ Kessler i RECEIVED ATTORNEY AT LAW DEC 2 8 1989 207 37th Street PHIL BATCHELOR Richmond,CA 94805 CLERK BOARD OF SUPERVISORS T (415)620-039$ 6 ........COr�.F A De ut December 26, 1989 To: Contra Costa County Coroners Office 1019 Center Ave., Martinez, CA 94553 To whom it may concern; Enclosed is a governmental Claim against the Coroner's Office of Contra Costa County. Please stamp both copies and return one to me in the enclosed self- addressed envelope. Thank you. sorely: i Darren J. sler Attorney At Law DARKEN J. KE55LER ATTORNEY AT LAW 207 37th Street RECEIVED Richmond,CA 94805 C6r j., # P 5811-3(07-73(, (415)620-0398 DEC,2 81989 PH!L BATCHELOR CLERK BOARD OF SUPERVISORS ?%A COSTA CO. Attorney for Claimant: Connie Hadi; a ......... De ut . CLAIM AGAINST: 1. dame and address of claimant: Contra Costa County Coroners Office, 1019 Center Ave., Martinez, CA 94553 2. Send all notices to- DARREN J. KESSLER, Attorney at Law, 207-37th Street, Richmond, CA 94805. 3. Date of occurrence: July 25-28, 1989 Place of occurrence: Berkley, Richmond, and Martinez, CA. 4. Circumstances of occurrence: Death Certificate negligently not signed until one day after funeral. Reliance on the assurances of a Deputy Coroner who said certificate would be signed caused the burial to commence as scheduled. Consequently, however, when the certificate was not signed and made available on the day of the burial, the deceased was disinterred and not permanently buried until the following day. 5. General Description of injury: Emotional distress. G. Amount of claim and basis for computation: $25,000 DATED: December 22, 1989 D R 4 J. KESS ER Attorney for Cl imant 10 r QC7 p� C 0 uwj O s � 0 t ' v O o —10 F— to, �� `Rte%/I �Q,\l vI?A�vi ���tN�S♦ i` � J �r cx: for using th»r k V ae1pt Sety*%cg ... "Return pte 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 January 23 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: $2.5,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT:- HAAS, Kay ATTORNEY: Darren J. Kessler Attorney at Law Date received ADDRESS: 207-37th Street BY DELIVERY TO CLERK ON December 28, 1989 Richmond, CA 94805 Cert. No.P584-367-739 BY MAIL POSTMARKED: I.. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 29, 1989 �tIl 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: Dated: ) 19 Igo BY: / _JA Deputy County Counsel 1 0 "*1_qJ 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: JAN 2 3 199Q, PHIL BATCHELOR, Clerk, By _, Deputy Clerk WARNING (Gov. code secon 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: J A N 2 3 1999 BY; PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator i% Darren J_ Kessler RECE-11V D ATTORNEY AT LAW DEC 2 81989 207 37th Street Richmond CA 34805 PH!( tD OF R ��yy t CLERK BOi�nD OF SUPT:RVtSORS ( 1 JJ 620-0398 CONTPA COSTA CO l 6 ............. De of December 26, 1989 To. Contra Costa County Coroners Office 10 19 Center Ave., Martinez, CA 94553 To whom it may concern; Enclosed is a Governmental Claim against the Coroner's Office of Contra Costa County. Please stamp both copies and return one to me in the enclosed self- addressed envelope. Thank you. (Dply: ar-re-MJ. E'essley At La 4 DARREN J. KESSLER ATTORNEY AT LAW 207 37#nRECEIVED Richmond,CA cA 94805 q (,415)620-0398 Co',h. PSI-367 73 I DEC.2 81989 PHIL BATCHELOR CLERK BOARD OF SUPERVISORS Attorney for Claimant: Kay Haas C COSTA CO..... De ut a CLAIM AGAINST: 1. Name and address of claimant: Contra Costa County Coroners Of f ice, 1019 Center Ave., Martinez, CA 94553 2. Send all notices to: DARREN J. KESSLER, Attorney at Law, 207-37th Street, Richmond, CA 94805. 3. Date of occurrence: July 25-26, 1989 Place of occurrence: Berkley, Richmond, and Martinez, CA. 4. Circumstances of occurrence: Death Certificate negligently not signed until one day after funeral. Reliance on the assurances of a Deputy Coroner who said certificate would be signed caused the burial to commence as scheduled. Consequently, however, when the certificate was not signed and made available on the day of the burial, the deceased was disinterred and not permanently buried until the following day. 5. General Description of injury: Emotional distress. 6. Amount of claim and basis for computation: $25,000 DATED: December 22, 1989 DARREN J. KE LER Attorney for r laimant C1 9i CP {� - s 90 O m . r j? nin �J I CLAIM 8- 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 January 23, 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: $25,000.00 Section 913 and 915.4. Please note all Q_a.-Pn'lin$g°s u "GonSL') CLAIMANT: G SNELL, Richard ATTORNEY: - �/arfine., C° 0141,, ¢,0- Darren J. Kessler Attorney at Law Date received ADDRESS: BY DELIVERY TO CLERK ON December 28, 1989 207-37th Street Richmond, CA 94805 Cert No. P584-367-738 BY MAIL POSTMARKED: December 27, 1989 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December 29, 1989 pHIL gep�tELOR, Clerk BY: BATCHy I1. FROM: County Counsel TO: Clerk of the Board of Supe rs (moi ) 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 9 p BY: f 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 Superviscrs present ( his 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: JAN 23 1399 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: JAN 2 3 19�1(�0 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Darren J_ Kessler RECEIV]ED ATTORNEY AT LAS DEC 2 8.198 207 37th Street PH!L BATCHELOR Richmond,GA 94805 CLERK BOARD Of SUPER � , b2o_03r8 C CONTRA O CC December 26, 1909 To: Contra Costa County Coroners Office 1019 Center Ave., Martinez, CA 94553 To whom it may concern; Enclosed is a Governmental Claim against the Coroner's Office of Contra Costa County. Please stamp both copies and return one to me in the enclosed self- addressed envelope. Thank you. rel y: Darren J. Kessler - Attorney At La, DARREN J. KE55LER ATTORNEY AT LAW RECEIVED 207 37#h Street Richmond,CA 94805 (�{.-4 1�58Y-367-738 (415)620-0398 DEC.2 8 1989 PHIL BATCHELOR CLERK BOARD OF SUPERVISORS C LTk COSTA CO. B .......... De ul Attorney for Claimant: Richard Snell CLAIM AGAINST: 1. Flame and address of claimant: Contra Costa County Coroners Office, 1019 Center Ave., Martinez, CA 94553 2. Send all notices to: DARREN J. KESSLER, Attorney at Lave, 207-37th Street, Richmond, CA 94605. 3. Date of occurrence: July 25-26, 1969 Place of occurrence: Berkley, Richmond, and Martinez, CA. 4. Circumstances of occurrence: Death Certificate negligently not signed until one day after funeral. Reliance on the assurances of a Deputy Coroner who said certificate would be signed caused the burial to commence as scheduled. Consequently, however, when the certificate was not signed and made available on the day of the burial, the deceased was disinterred and not permanently buried until the following day. 5. General Description of injury: Emotional distress. 6. Amount of claim and basis for computation: $25,040 DATED: December 22, 1989 EN J. (SES 'ER Attorney for Claimant Y�p .a r r' CO •• o oZ � , mon co •. °+Gr 13 Q W G �Yti i) �'P vc,�CIIn�e d 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 January 23, 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 Go�x;ernept ode Amount: Undetermined Section 913 and 915.4. Please note all "Warn ngs' C3tlyd9C1 CLAIMANT: BILLER, Jack D. U L C 2 2 SZ389 ATTORNEY: Martinez, CA((N Date received ADDRESS: 1814 Dixon Lane BY DELIVERY TO CLERK ON December 21, 1989 (hand delivered) Concord, CA 94521 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppM IL gATCH,ELOR, Clerk DATED: December 21, 1989 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: 12 21 r BY: I �_ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( his 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: 'JAN 2 3 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: JAN 2 3 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 , y NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Jack D. Biller 1814 Dixon Lane Concord, CA 94521 Re: Claim of JACK D. BILLER 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. STMAN, County Counsel By: Deputy County C u s 1 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: at Martinez, California. cc: Clerk of the Board of Supervisors (original) 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, 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. 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.. T f the claim is aga 9 nst more than one public ent.1 ty:, separate. claims Mist 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 j Resry d f ak�fil' g stamp . _DEr Against the County of Contra Costa ) ®E C,aQj or ) S1WCA. m District) 5 PER �P-' iARD CSP 5PER'�1SORS P'A C S. Fill in name ) B The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ LO 00 °�-F- and in support of this claim represents as follows: , ��j 1. When did the damage or injury occur? (Give exact date and hour) -- 11-9117---------------------- ----------------------------- . 2. Where did the damage or injury occur? (Include city and county) W----� ���-- - -��-t--- ---- dew r-r�- ------- -------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ---�------ d--------------------------------------------------- 6. What damage or injuries .do you .claim resulted? (Give full. extent of injuries or damages claimed. Attach two estimates for auto damage. ---------- ------ ----- ---------- ------ --_- ------ ----- How was the amount claimed above computed? ( nclu a the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors and hospitals. --- - '---------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides% "The claim must be signed by the claimant SEND NOTICES TO: (Attorney),. or, some persorl ontas behalf." Name and Address of Attorney L Claimant's Signature Address Telephone No. I Telephone No. 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), 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. This letter is to inform you that on final approval of Contra Costa County Building Permit Number 153036, I shall begin legal proceedings against the County of Contra Costa . The amount claimed shall be in excess of Forty Thousand Dollars ( $40, 000 ) , which shall reflect reductions in both real estate value and overall quality of life at 1814 Dixon Lane, Concord, California . This injury was created by the inability or unwillingness of the Contra Costa Community Development Department to define, address, and act upon Sections 82-4 . 212 and 84-4 . 402 of the Contra Costa Code(Planning and Zoning) April 1985 . This department is headed by Mr . Harvey Bragdon. The above dollar figure was estimated by discussions with both real estate professionals and employees of the Contra Costa Community Development Department . Names and address of witnesses are not applicable at this time . I have noted above that action will begin on final approval of this permit . Until this time I more than willing to listen to alternate plans for this structure which will accurately reflect the definitions noted in the Planning and Zoning Codes . urs, ` -7)' ack D. Biller Claimant cc: S . McPeak CLAIM /d 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 January 23, 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: $20,000.00 Section 913 and 915.4. Please note all "Ca7c11,6 Counsel CLAIMANT: STEEN, Owen U L G 9, 1 IZ-11j ATTORNEY: Ms. Maryanne Britten r Martine. A P,4653 Attorney at Law Date received ADDRESS: 2151 Salvio Street, Suite 310 BY DELIVERY TO CLERK ON December 20, 1989 (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. ppHH gg DATED: December 21, 1989 BYIL DeputyLOR, Clerk 1I. 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: 12 1127 10 BY: , �_ S Deputy County Counsel U N 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (lam ) 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: JAN 2 3 WO PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code sectn 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: JAN 2 3 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator . i WK TO BOARD OF SUPERVISORS OF CONTRA CC**Q? 'application to: Instructions to C1af�.ntC'.erk of the Board &S�P.., Q S{y pyo M rtinez,Calitomia 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 against each public entity. . E. Fraud. See penalty for fraudulent claims;`Pe`nal Code Sec. 72. at end r P of this form. RE: Claim by ) Reserved._.for_..-.Cler 's ing stamps OWEN STEEN ) t 'SCE Against the COUNTY OF CONTRA COSTA) DEE, 1089 iELOP or DISTRICT) FML OF SUPERVISORS CLcBi;NOARD OF SVISORS V -ONTRA COSTA De ut (Filln name ) B The* undersigned claimants hereby makes' claim against the County of Contra Costa or the above-named District in the sum of $ 20-,000 : 00_ D1 us Job Renstate- and in support of this claim represents as follows: _ ment I. When did the damage or �nlury occur? Give exact date ani-hour] June 26, 1989 at approximately 3:30 p.m. -- -------- ---------- -- ---- ------------- --- �: Wfieie-aid-tie damage or �n3ury occur? �Inc�ude city and county] Martinez , California 3. -:----How----did---the--------------- ------------------ -- ------------- damage or injury occur? (Give �uIS �eta�is, use extra sheets if required) Claimant had been employed as a temporary employee with the Contra Costa- County Sheriff for one and one-half years . He had been told by his Sergeant that as soon as the County began hiring permanent deputies , claiman would be hired as a permanent employee. Tom Young arranged for claimant to be inter- viewed by Dr. .Roberts, and claimant allegedly failed the psychological exam. 4. What particular act or omission on the part of' county or d1;uIa officers, servants or employees caused the injury or damage? See Attached letter dated October 11 , 1989 (over) 5'. What are the na- -s of county or district o`ficers, servants or' employees causi- I 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 employment after demonstrating excellent job skills based upon a biased and prejudiced psychological test. 7. How was the amount claimed above computed? ZInclude the estsmatea amount of any prospective injury or damage. ) Loss of income, general damages ----N-------------------------------------------------------- 6. ames and addresses of witnesses, doctors and hospitals.------------- 9. List the expenditures you made on account of the accident or injury: DATE ITEM AMOUNT n/a RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR Govt. Code Sec. 910.2 provides : "The claim signed by the claima SEND NOTICES TO: (Attorney) or by some person on his behalf Name and Address of Attorney LAW OFFICE OF MARYANNE BRITTEN Claimant's S gnature 3400 .Atl.as Road A t. 3902 2151..Salvio Street , Suite 310 Address Concord, CA 94520 :. :, ,.- Richmond, CA 94806 Telephone No. 825-9448 Telephone No. 222-8261 RRRRRRRRRRRtRRRRRRRRRRRRIRRRRRRRRRRRRRRR�RRRRRRRRRR#RRRRRRRRRRRRR**RRRRRR NOTICE Section 72 of the Penal Code .provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city -district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, vouche: or writing, is guilty of a felony. " Law Office Of Salvio Pacheco Square air ride 2151 Sal0�oo St t suite 3J9 .� Caaicoi�d,CA 950 Htten 415/825.9448 October Ili 1989 Merit Board Secretary County Administration Building ; 651 Pine . Street Martinezy Caiiforfiia 94553 . ` t 3 Owed" Steen ' Dear Secretary! 1' tepresent Owen Steeriy a former Deputy Sheriff, with regard to hia termination from temporary employment on or about June 26, 1989, Deputy Steeh hereby lodges a complaint' with the Merit Board based on .the following grounds: 14 beputy Steen was ' disariminated against based upon his national j6figifiid as a 4iiipino. It is my understanding that there is only one Piiipiito employee currently working for the Contra costa,..CoUht Sheriff's tie gr'trdent, y � 2, beputy`' Steertwas ";discriminated against based upon his political activities . Arid .his association with other deputies similarly < teik ihaited, ' Oh the date of Mr: Stee'n's termination, another <te>apotarjj; deputy Vitae advised that he also was terminated. At such tiineo `Maid deputy. contacted the various persons in the hierarchy in of �atteihpt to obtidr copies of his p psychologiclaI eersonnel file and yAliiatiori, Said deputy was met with a lack of cooperatioh aiid ,a`rcftlsal :to ' proAiide him with his personnel file. Mr. Steen" Waa vie d Aa ` beih4 ;Associate d with said deputy on a personal 6fid pr6fasgi6fifd : 1eve1by the Sheriff's Department. 3, Deputy Stems had beefs e�tployed on a temporary basis since May 1988. The evaluations of beptity Steen prepared by Sgt. Scott Daly rated Deputy steel gsitceedincf an acceptable level. Sgt. Daly!S evaluations co'n" 61 decl`"that bepUty Steen was recommended for a permanent positiono Cdpie of Deputy Steen's Monthly Observation Reports ' dated 6fli ' 26� 1989 and June 26, 1989 are attached heretd as Bxhibits�`nAi.1. dhd ''B'i� respectively, and by this reference made . A part her6o i. , 4: Based upon beputy SteeM!8 ekceilent performance during his Merit Board Secretary October il, 1969 Page Two temporary employmentwith Contra Costa County, he was repeatedly advised by his superiors that as soon as the County began hiring permanent deputies, Deputy Steen would be hired as a permanent employees Based upon these representations, Deputy Steen failed to seek employment elsewhere. Had Deputy Steen been aware that the County of Contra Costa neve' intended to hire him permanently, he would have applied for a position in another county. It is submitted that the hiring . personnel, and Mr. Tom Young in particulari negligently and intentionally allowed Deputy Steen to provide excellent service ' to the Department knowing that when Deputy Steen sought permanent status he would be terminated. It is further submitted that, based upon Deputy Steenks excellent employment record; the alleged results of the psychological examination were enhanced. and exaggerated to provide a basis for termination. . 4. The County of Contra Costa, in its employment relationship with Deputy Steen, owed him the duty of good faith and fair dealing in that relationship. Testimony will demonstrate that Tom Young, in his capacity as pre-employment screener for the Sheriff's Department, often exercises discriminatory practices in rejecting applicants who are otherwise qualified. It is submitted that Tom Young made his: decision from the initial interview with Deputy Steen that he world reject Deputy Steenis application for a permanent position, it is submitted that said decision was either completely arbitrary or discrimatory. In either event, said decision was not.`based upon any appropriate criteria and certainly not on $ny °`jok = relevant considerations. If the County hires temporary Waployees 'to save the County money without intending to ever allow ...those ,einpIdyees to become permanent employees, the County hda 'srf`` obligation to so advise the employee. To so otherwise .ie! ftaUd� and misrepresentation. it is hereby!' requeeted that Deputy Steen be reinstated in his position as bdiputy Sheriff and that a valid and proper psychological evaluation be conducted as required. Deputy Steen is seeking a perinaient ' position as he has been promised for many months. beputy Steeh is also seeking retroactive pay from his date of termination: Sincerely, MBivp Maryanne Britten ccsowen Steen i CLAIM /. h?, 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 January 23, 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: exceeds $10,000.00 Section 913 and 915.4. Please note all "WaQ%�4"y Counsel n CLAIMANT: COBURN, Lynn U L C f, w lJ ATTORNEY: Martine , CA ,!M -3 Ms. DeirdreCraig, Attorney Date received Bledsoe, CCathcart, Leahy, Starr ADDRESS: and Bledsoe, BY DELIVERY TO CLERK ON December 19, 1989 (hand delivered) 111 Pine Street, 18th Floor San Francisco, CA 94111 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: December 21, 1989 BY: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 12 h 9 BY: QO 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 (-!i) 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:)A N 23 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec ion 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 2 3 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator LAW OFFICES ROBERT S.CATHCART BLEDSOE, CATHCART, LEAHY, STARR & HARDIMAN CYNTHIA L. LEAHY 18TH FLOOR CRAIG A.STARR ROGLEIGH ER M. BLEDSOE SMITH MICHAEL F. HARDIMAN III PINE STREET STANLEY P.SMITH RICHARD S. DIESTEL SAN FRANCISCO, CALIFORNIA 94111 STANLEY JOHNSON KEVIN MCCONNELL OF COUNSEL RENEE WELZE LIVINGSTON 415) 981-5411 KAREN E.SUM' L.JAY PEDERSEN TELECOPIER 981-0352 CONNIE D.EASTERLY P. RANDALL NOAH GREGORY L.SPALLAS DEIRDRE E.CRAIG MICHAEL F.SWEENEY ROBERT K. PHILLIPS December 19, 1989 xxEM Lj LIRE a L BAXFICLO RD OF S PERVISORS HAND DELIVERED TP,A ACO....... Deputy Clerk, Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 Re: COBURN CLAIM WHOM IT MAY CONCERN: Enclosed please find Lynn Coburn and State Farm Fire and Casualty Company's Claim against the County of Contra Costa. We have enclosed one copy for your reference, as well as another copy, that we ask you file-stamp and return to us in the enclosed self-addressed, stamped envelope. Thank you for your cooperation in this matter. Very truly yours, BLEDSOE, CATHCART, LEAHY, STARR & HARDIMAN Deirdre Craig DC:e Enc. --1!1 V D NOTICE OF CLAIM AGAINST -1-��ce.� THE COUNTY OF CONTRA COSTA D E�; /9 M� PATCHEL02 C F..6'BOO,PU OF SUP RVISORS CLAIMANT'S NAME: LYNN COBURN s CONTRA COT CO. 1541 Woodland Drive °e 0} Pittsburg, CA 94565 (415) 427-0420 s STATE FARM FIRE AND CASUALTY COMPANY 395 Taylor Boulevard, Suite 110 • Pleasant Hill, CA 94523 (415) 674-4351 SEND NOTICE TO: BLEDSOE, CATHCART, LEAHY, STARR & HARDIMAN ATTENTION: RENEE WELZE LIVINGSTON or DEIRDRE CRAIG 111 Pine Street, 18th Floor San Francisco, CA 94111 (415) 981-5411 TYPE OF CLAIM: Property Damage with respect to Lynn Coburn and Indemnification with respect to State Farm Fire and Casualty Company DATE OF INCIDENT: June 20, 1989, 3 :53 p.m. LOCATION OF INCIDENT: 1533, 1541 and 1549 Woodland Drive Pittsburg, California DESCRIPTION OF INCIDENT: The damages incurred by the claimants resulted from a fire that originated in the backyard of 1533 Woodland Drive. 1533 Woodland Drive is directly west of 1541 Woodland Drive, Ms. Coburn's home. Jackie Woodall is the owner of property located at 1533 Woodland Drive. At the time of the fire, Janet Danner, a juvenile foster child was living in Ms. Woodall's home and under her care. Ms. Coburn was partially insured at the time of the fire under a renter' s policy issued by State Farm Fire and Casualty Company. The investigation of this fire revealed that the foster child, Janet Danner, set fire to areas of Ms. Woodall's backyard and the fence that borders the backyard. This fence separates Ms. Woodall 's and Ms. Coburn's property. The fire spread quickly to Ms. Coburn's property, and because of its incendiary nature, Ms. Coburn's property sustained extensive fire, smoke and water damage. Further investigation has shown that the foster child, Janet Danner, has longstanding psychological and emotional problems , including pyromania, of which the Contra Costa Department of Social Services was or should have been aware. However, the Department of Social Services never informed Ms. Woodall, the foster parent, of Janet Danner's psychological history and this . failure was the proximate cause of damage to claimants. NATURE OF DAMAGES: The fire spread from the backyard of 1533 Woodland Drive to the backyard of 1541 Woodland Drive, destroying a quarter acre of grass in Ms . Coburn's backyard. The fire then spread to a pine tree adjacent to Ms. Coburn's home, which in turn caused the fire to spread to the northeast corner of Ms. Coburn's roof. The fire heavily damaged the roof, attic and second story of Ms. Coburn's house. The fire also heavily charred the tops of all the rafters on the second floor and it caused the ceiling sheetrock to fall. Damage was also caused by falling debris in all the rooms on the second floor. There was extreme heat damage to all second story rooms, which caused some miscel- leneous items to melt. Furniture tops were also scorched, as well as some bedroom walls. The second story carpet was also heavily damaged. Substantial expense was incurred in cleaning and relocating Ms. Coburn's property. 2 - AMOUNT CLAIMED: The amount claimed is in excess of $10,000. 00, and jurisdiction of this claim rests in Superior Court. NAME OF PUBLIC EM- PLOYEE CAUSING DAMAGE: Unknown. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct upon my information and belief and that this declaration was executed at San Francisco, California on December 19, 1989. BLEDSOE, CATHCART, LEAHY, STARR & HARDIMAN By ICT�.iy'w� Deirdre Craig Attorneys for Claimants LYNN COBURN and STATE FARM FIRE AND CASUALTY COMPANY 3 J. CLAIM A /Y • 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 January 23, 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: $18,393.01 Section 913 and 915.4. Please note all °�W_41AysgounsEl CLAIMANT: LEE, George R. D C C 2, N 198-9 ATTORNEY: Mr. Willard E. Stone Martinez.. GA x'4553 Attorney at Law Date received ADDRESS: 1211 Newell Ave. , Ste. 124 BY DELIVERY TO CLERK ON December 21, 1989 (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. ppkk BATCHELOR, DATED: December 21, 1989 BYIL Clerk II.\.FROM: County Counsel. TO: Clerk of the Board of Supervisors r ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 1-1122/1. BY: Q A Deputy County Counsel u '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. c Dated: AN 23 1200 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: JAN 2 3 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS 'OF. CONTRA COSTA COUNTY INSTRUCTIONS TO: CLAIMANT A. Claims relating to' causes of action for death or for injury to person or to per- sonal property or •growing crops and which accrue on or before December 31, 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 v'ith 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 Reserved for Clerk's filing stamp GEORGE R. LEE RE-,E E' Against the County of Contra Costa or ) District) r�_;'.Roi.YD OF SUPERVISORS .. -f Fill in name ) s The undersigned claimant hereby makes claim uainst the County' of Contra Costa or the above-named District in the sum of $ 18, 393 . 01 and in support of this claim represents as follows: ---------------------------------- -------------------------•------------------------ 1. When did the damage or injury occur? (Give exact date and hour) - S e p t e:b e r- 6 , 1989 7 : 55 p . .--------------- --------------- 2. Where did the damage or injury occur? <Include city and county) San .Miguel Drive, Walnut Creek, Conga Costa County 3. How did the damage or injury occur? (Give full details; use extra) paper if required) See Attachment ---- -------r—rr--.— ....."::..rw—rrr--------r---------.------r----r------r-----------rrrr 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See Attachmen-t (over) • 4 5. What are the names of _junty or district officers, servw.its or employees causing the damage or injury? HOWARD JAMES GRANT ----------►_. ..r.. --------------- ----------- ,6. What damage or injuries do you-claim, resulted? (Give full extent of injuries. or damages claimed. Attach two estimates for auto damage. See Attachment ---------------------.G-r-�----..-.--.--nisi..-►_._ .Jia----------------------------- 7. How was the amount claimed above compu-sed? (Include the, estimated amount of any prospective injury or dama8e.) See Attachment -'--------------......---------• ------------•---------- 8. Names and addresses of witnesses, doctors and hospitals. Kristin Jarvis , .32.':,E1..Camino. Corte, Walnut Creek, CA. 94595 was a witness to the comments made by the Responsible driver and viewed the scene of the accident. I was later treated by my family physician, Wai: F. Yeung M.D. 12 Camino Encinas , Orinda, California . -----------------------1 --------------- --------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT See attachment Gov. Code See. 910..2 provides: "The claim must be signed by the claimant SEND NOTICES. TO: (Attorney) or by so erson 9n his behalf." Name and Address of Attorney I Willard E. Stone , Attorney at Law (Claima_ n#s ignatu e) + 1211 Newell Ave, Suite 124 P.O. Box 6042 Walnut Creek, CA. 94596 (Address) Moraga, CA. 94570 Telephone, No. 41 45-1 11 Telephone No. "(415) 376-2451 IF NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, 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 thousand4 ($1,000;),, ,or by both such imprisonment and fine, or by imprisonment in the state .prison,, by a. fine of not exceeding ten, thousand dollars. ($10,,000, or by both ,such imprisonment and fine. Claim of GEORGE R. LEE against the COUNTY OF CONTRA COSTA Further response to Claims Form: 3 . The Claimant was driving southbound on San Miguel Drive just south of Adeline Drive at approximately 25 miles per hour when suddenly without warning, a County vehicle driven by HOWARD JAMES GRANT negligently and carelessly attempted to make a left turn onto San Miguel Drive from a private driveway in order to proceed southbound on San Miguel Drive. The Claimant applied his brakes in an attempt to avoid an accident, but because the other automobile had turned directly in front of the Claimant and was blocking his lane of travel , the Claimant was unable to avoid a collision and the left side of the motorcycle hit the right front of the automobile causing the Claimant to be thrown from the motor- cycle striking the ground and landing on his head, back and knee. 4 . The driver of the County vehicle negligently and care- E lessly pulled out from the private driveway and failed to yield the right of way to the Claimant in violation of 21804 (A) CVC as confirmed by the traffic collision report prepared by the investigation officer of the Walnut Creek Police Department under their report number 9-75 . y 6 . As a result of the collision the Claimant suffered a severe back and neck strain which required medical treatment and care. The Claimant further suffered the following economic loss: a. Total loss to 1989 Honda Motorcycle: $6,541 .42 b. Tow bills: 109 .00 c. Damage to helmet: 139 .05 d. Replacement of clothing: 23 .54 e. Loss of use of motorcycle thirty (30 ) days at $50 per day: 1 ,500 .00 f . Doctor bills: 80 .00 TOTAL: $8 ,393 .01 Claimant further submits a claim for general damages and non-economic loss for pain and suffering in the amount of $10 ,000 . 7 . The amount claimed for economic loss or special damages is based on estimates and actual bills or expenditures made to date . Claimant may require further medical treatment and physical therapy in an estimated amount of $1 ,000 . 9 . The following expenditures have been made on account of this accident and injury to dated: a. Tow bill from scene to residence on September 6 , 1989: $ 60 .00 b. Tow bill from residence to motorcycle shop on September 7, 1989: 49 .00 c. Dr . Yeung, September 7, 1989: 40 .00 d. Dr . Yeung, November 2, 1989: 40 .00 TOTAL: $ 189 .00