HomeMy WebLinkAboutMINUTES - 10161990 - 1.12 i' CLAIM / a
` 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 OCTOBER 1 6 , 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: $750 , 000 . 00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: RAUCH, Jack
ATTORNEY: Robert Ernest Gyemant , Esc .
A Professional Corporation Date received
ADDRESS: 333 Pine Street , Ste . 204 BY DELIVERY TO CLERK ON September 17 , 1990 (hand
San Francisco , CA 94104 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: September 19 , 1990 gyIL DeputyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supery ors
) 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 r.ight to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: 20 1 190 BY: � �- /�g; Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote`of the Supervisors present
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: OCT 16 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code cti 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: 0 C T 16 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal. property or growing crops and which accrue on or. before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2. )
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
)
Jack Rauch ) '"
RECEIVED
Against the County of Contra Costa )
or ) 7
District) ( pKB0AR0OFSUPERVISORS.
Fill in name ) CONTRA COSTA CO.
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 750, 000 and in support of
this claim represents as follows:
-------------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
March 2:6," .'1-_989-,-at approximately 5 : 00 pm
------------------------------------------------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
Martinez, Contra Costa County .
------------------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
Wrongfully discharged from employment
\ ------------------------------------------------------------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
Wrongful termination of employment
(over)
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
Charles James , Public Defender
------------------------------------------------------------------------------------
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damag::s claimed. Attach two estimates for auto damage.
Loss of wages, loss of retirement benefits , loss of reputation
-------------------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Through consultation with an economist: Jerald H. Udinsky, Ph.D.. ,. A_. SeA.
-------------------------------------------------------------------------------------
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
8/90, 9/90 _L,ega 1-.'fees $5, 000
Gov. Code Sec. 910.2 provides:
Thep4imt
be signed by the claimant
SEND NOTICES T0: (Attorney) ; or so his behalf."
Name and Address of Attorney - �`-
Robert Ernest Gyemant, Esq. CTI t-'s Si
ROBERT ERNEST GYEMANT Attorney for
A Professional Corporation Claimant
333 Pine Street, Suite 204 r et Suite 204
Address
San Francisco, CA 94104
San Francisco, CA 94104
Telephone No. (415) 291-1700 Telephone No. (415) 291-1700
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.
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 OCTOBER 16 , 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: GUSTAFSON , Joanne C .
ATTORNEY: Stanley J . Bell , Esc{ .
A Professional Corporation Date received
ADDRESS: Two Transamerica Center BY DELIVERY TO CLERK ON September 17 1990
505 : Sansome St . , 18th .Floor Cert . P044 YY6 327
San Francisco , CA 94111 BY MAIL POSTMARKED: September 14 , 1990
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
September 19 1990 PpHHIL BATCHELOR, Clerk
DATED: 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: 9 cio BY: AjQ )- /)9z- Deputy County Counsel
U �9
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 ER: 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: 0 CT 16 1990 PHIL BATCHELOR, Clerk, By + , Deputy Clerk
WARNING (Gov. code se 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: OCT 1. F 19M BY: PHIL BATCHELOR by .4Deputy Clerk
CC: County Counsel County Administrator
1 CLAIM FOR DAMAGES FOR PERSONAL INJURIES
2 TO: BOARD OF SUPERVISORS RECEIVED
3 COUNTY OF CONTRA COSTA
651 Pine
4
Martinez, California 94553 SP SU
7 9M
COUNTY OF CONTRA COSTA CLERK LARD OF PERVI
5• DEPARTMENT OF PUBLIC WORKS -
CONTRA COSTA CO.
255 Glacier Drive
6 Martinez, California 94553
7 PLEASE TAKE NOTICE that the undersigned hereby serves
8 and makes demand upon you for the cause and amounts set forth
9 in the following claim:
10 Claimant ' s name and address :
aooa 11 JOANNE C. GUSTAFSON
W g .2 1 00
239 Marina Circle
o� ° " ,;wa 12
Byron, California 94514
w'-J o
u uW wa '^
a F 13 Claimant ' s mailing address to which notices are to be
°W0Zw° z sent:
Zwk- WZ W
� 0 <W Stanley J. Bell, Esquire
N< Z� - 15 LAW OFFICES OF , STANLEY J. BELL
_ A Professional Corporation
16 Two Transamerica Center
505 Sansome Street, 18th Floor
17 San Francisco, California 94111
i
18 Amount of Claim:
19 Special damages and expenses proximately caused by the
20 occurrence described below and general damages are in excess of
21 the jurisdictional minimum of the Superior Court .
22 Date and Place of Occurrence giving rise to the Claim
asserted:
23
On or about the 27th day of March, 1990 on Marsh Creek
24
Road, west of Deer Valley Road in the County of Contra Costa,
25
State of California.
26
I Description of Occurrence:
2 That on or about the aforementioned date and for some
3 time prior thereto, the above-named public entities, and each
4 of them, negligently and carelessly controlled, supervised,
5 designed, constructed, altered, repaired, owned, maintained,
6 operated and entrusted the aforementioned a roadway so as to
7 proximately cause and permit said roadway, shoulders and
8 turn-out of said roadway. to be in a dangerous, defective and
9 unsafe condition in that there were sharp and dangerous curves
10 in said roadway and that said public entities, and each of
a a = them, failed to post warning signs or other proper control
z c11
-
a2W 01
devices to warn oncomingmotorists of said sharp and dangerous
o� o " mpo. 12 P g
� UW- 13 curves; and further in that a shoulder and/or turn—out of said
c>4
W0Ow
2wHZ roadway was allowed to exist in the area of said sharp and
R" 14
z w. Lu
9R. 15 dangerous curves; and further in that said public entities, and
16 each of them, allowed obstacles, including but not limited to
17 telephone and/or power poles to exist in close proximity to the
I
roadway, shoulder and/or turn-out, thereby creating a .
18
19 foreseeable risk that motorists may strike said telephone
20 and/or power poles while taking evasive action to avoid
21 collisions; that in all respects the unsafe conditions as
22 stated above constituted a trap for vehicular traffic using
23 roadway and further in that they allowed it to be obstructive
24 and confusing to persons and vehicles using said roadway,
25 thereby creating a reasonably foreseeable and substantial risk
26 of injury to persons using said roadway; that said public
-2-
1
entities, and each of them, were further negligent and careless
2 in that they knew, or in the exercise of ordinary care should
3 have known, of the dangerous condition of said roadway and the
4 risk of injury created by same, and failed to remedy said
5 conditions, having a reasonable opportunity to do so; that as a
6 direct and proximate result of the negligence and carelessness
7 of said public entities, and as a further direct and proximate
8 result of the dangerous and defective condition of public
9 property, as aforesaid, while claimant ' s husband, Carl R.
10 Gustafson, was traveling westbound on said roadway, a
az �� a 11 semi-truck oeprated by Jamie A. Weatherby was caused to travel
J W O P
12 into the lane in which Carl R. Gustafson was driving, thereby
P
as - W ,
w~' O � a 13 causing him to take evasive action to avoid striking the
<aW<0 2 14 semi-truck, causing Carl R. Gustafson to strike a telephone
z
W
a � "
Z
further causing him to sustain severe
15 and/or power pole, and
16 personal injuries and further causing him to be deprived of the
17 consortium, conjugal society, comfort, affection companionship,
18 moral and emotionalsupportof her said husband.
19 DATED: September 1990 .
LAW OFFICES STANLEY J. L
20
21
2By:
2
S J. BE
23 torneys for Claimant
24
25
26
-3-
RE: Claim of JOANNE C. GUSTAFSON
ACTION NO.
PROOF OF SERVICE BY MAIL - C.C.P. Sections 1013a. 2015 . 5
I, the undersigned, hereby declare that I am a citizen of the
United States, over the age of eighteen years, and not a party
to the within action. I am employed by the LAW OFFICES OF
STANLEY J. BELL. My business address is 505 Sansome Street,
18th Floor, San Francisco, California, 94111 . I served a true
copy of CLAIM FOR DAMAGES FOR PERSONAL INJURIES by mail, by
placing the same in an envelope, sealing, fully prepaying
postage thereon and depositing said envelope in the U.S. Mail
at San Francisco, California on September 14, 1990 .
BOARD OF SUPERVISORS.
COUNTY OF CONTRA COSTA
651 Pine
Martinez, California 94553
COUNTY OF CONTRA COSTA
DEPARTMENT OF PUBLIC WORKS
255 Glacier Drive
Martinez, California 94553
I declare under penalty of perjury that the foregoing is true
and correct . Executed in San Francisco, California, on
September 14, 199.0 .
Donna L. Kotake
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PUBLIC WORIKS DEPARIMM
Administrator 9 1 ra Services, p � �
VISORS rt
Auditor-Controller Ft p� so 1
CLERg .
K C:r`: A
Clerk of the Bd. of Supe sors Community DevelopmentA
Building Inspection Purchasing
County Counsel Sheriff
:Health Department
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Remarks U e rec'el wed, r 45 in the (mut oi ��-
T he11'eve 15 5hcsuV act -f Ver- Offiec `fi'r.5
A-40 Signed
17 x-VINI
CLAIM FOR DAMAGES FOR PERSONAL INJURIES
1
2 RECEIVED
TO: BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
3 651 Pine SEP 1 91990
Martinez, California 94553
4
COUNTY OF CONTRA COSTA CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
5
DEPARTMENT OF PUBLIC WORKS
255 Glacier Drive
6 Martinez, California 94553
7 PLEASE TAKE NOTICE that the undersigned hereby serves
8 and makes demand upon you for the cause and amounts set forth
9 in the following claim:
10 Claimant ' s name and address :
a a -
a 11 JOANNE C. GUSTAFSON
1239 Marina Circle
Ow Oo U m p a 12
< Byron, California 94514
� 13 Claimant ' s mailing address to which notices are to be
3W CZ °o sent:
�a � 90u ' 14
00Z� H Stanley J. Bell, Esquire
< NZ 15 LAW OFFICES OF STANLEY J. BELL
A Professional Corporation
16 Two Transamerica Center
505 Sansome Street, 18th Floor
17 San Francisco, California 94111
18 Amount of Claim:
'19 Special damages and expenses proximately caused by the
20 occurrence described below and general damages are in excess of
21 the jurisdictional minimum of the Superior Court.
22 Date and Place of Occurrence giving rise to the Claim
_asserted:
23
On or about the 27th day of March, 1990 on Marsh Creek
24
Road, west of Deer Valley Road in the County of Contra Costa,
25
State of California .
26
lil Description of Occurrence:
2 That on or about the aforementioned date and for some
3 time prior thereto, the above-named public entities, and each
4 of them, negligently and carelessly controlled, supervised,
5 designed, constructed, altered, repaired, owned, maintained,
6 operated and entrusted the aforementioned a roadway so as to
7 proximately cause and permit said roadway, shoulders and
8 turn-out of said roadway to be in a dangerous, defective and
9 unsafe condition in that there were sharp and dangerous curves
10 in said roadway and that said public entities, and each of
a them, failed to post warning signs or other proper control
az , 0 . 11
2 ,w C a
WFF- W6o
LLpg00m2 12 devices to warn oncoming motorists of said sharp and dangerous
O
` - 13 curves; and further in that a shoulder and/or turn-out of said
<Oza 0w
�W104 �Us 14 roadway was allowed to exist in the area of said sharp and
,z O"_ z<
15
OOZ dangerous curves; and further in that said public entities, and
16 each of them, allowed obstacles, including but not limited to
17 telephone and/or power poles to exist in close proximity to the
18 roadway, shoulder and/or turn-out, thereby creating a
19 foreseeable risk that motorists may strike said telephone
20 and/or power poles while taking evasive action to avoid
21 collisions; that in all respects the unsafe conditions as
22 stated above constituted a trap for vehicular traffic using
23 roadway and further in that they allowed it to be obstructive
24 and confusing to persons and vehicles using said roadway,
25 thereby creating a reasonably foreseeable and substantial risk
26 of injury to persons using said roadway; that said public
-2-
1 I entities, and each of them, were further negligent and careless
I
2 in that they knew, or in the exercise of ordinary care should
3 have known, of the dangerous condition of said roadway and the
4 risk of injury created by same, and failed to remedy said
5 conditions, having a reasonable opportunity to do so; that as a
6 direct and proximate result of the negligence and carelessness
7 of said public entities, and as a further direct and proximate
8 result of the dangerous and defective condition of public
9 property, as aforesaid, while claimant ' s husband, Carl R.
10 Gustafson, was traveling westbound on said roadway, a
az �� 11 semi-truck oeprated by Jamie A. Weatherby was caused to travel
oU, oa
W 1 E_ < o
oZ�a � 12 into the lane in which Carl R. Gustafson was driving, thereby
O CL, < _ pa
��OW �< 13 causing him to take evasive action to avoid striking the
3W 06 - o semi-truck, causing Carl R. Gustafson to strike a telephone
<"1 ZC) 0X 14
Zu. ziu
F� �z " 15 and/or power pole, and further causing him to sustain severe
16 personal injuries and further causing him to be deprived of the
17 consortium, conjugal society, comfort, affection companionship,
18 moral and emotionalsupportof her said husband.
19 DATED: September 1990 .
20 LAW OFFICESQF STANLEY J. L
21
22 By:
S JBE
torneys r
Claimant
23
24
25
26
-3-
RE: Claim of JOANNE C. GUSTAFSON
ACTION NO.
PROOF OF SERVICE BY MAIL - _C.C.P. Sections 1013a, 2015 . 5
I, the undersigned, hereby declare that I am a citizen of the
United States, over the age of eighteen years, and not a party
to the within action. I am employed by the LAW OFFICES OF
STANLEY J. BELL. My business address is 505 Sansome Street,
18th Floor, San Francisco, California, 94111. I served a true
copy of CLAIM FOR DAMAGES FOR PERSONAL INJURIES by mail, by
placing the same in an envelope, sealing, fully prepaying
postage thereon and depositing said envelope in the U.S. Mail
at San Francisco, California on September 14, 1990 .
BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
651 Pine
Martinez, California 94553
COUNTY OF CONTRA COSTA
DEPARTMENT OF PUBLIC WORKS
255 Glacier Drive
Martinez, California 94553
I declare under penalty of perjury that the foregoing is true
and correct. Executed in San Francisco, California, on
September 14, 1990 .
Donna L. Kotake
it r 1
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1 CLAIM 'NEC
t i BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA S cp 9 �E®
Claim Against the County, or District governed by) BOARD ACT31try�J 1990
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT OCTOBER " � 0
and Board Action. All Section references are to ) The copy of this document mailed to you is your note A �F
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $155 . 00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: MORRIS, Lincoln
100 South 16th
ATTORNEY: Richmond, CA 94804
Date received
ADDRESS:, BY DELIVERY TO CLERK ON September 18 , 1990 (via
transmittair
BY MAIL POSTMARKED:
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: September 19 , 1990 gall oeputyLOR, Clerk
11.1 FROM: County Counsel TO: Clerk of the Board of Supe 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: 1-20 G BY: I-' ). /Jn Deputy County Counsel
U , \, )
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
( 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: OCT 16 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code s".1016/913)
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 Postai 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: ®CT 16 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
1
BOARD OF SUPERVISORS 07 MITTMA'
e F I
epplIcatlon to:
Instructions toC.'� mant C 'kat,XheBoard
A&-it--mez,C-litomllk94553
A. Claims relating to causes of action fox Eea-tb (or 'zox zn.jtury to
person or to personal property or grown crups mmst be presented
not later than the 100th day after the a-rcrma.1, Aft ca-use of
action. Claims relating to any athero. cause acne zztyinm mns-t be
presented not later than one- year aftex th►6.' acc=rual bf the cause
of action. (Sec. 911. 2, . Govt. Cod )
B. Claims must be- filed_ with the Clerk .af the :.Board =of `Supervisors
at its office in Room 106 , County ,A n±Jst=at ,,o:n &ziludims, 651 Pine
Street,. , Martinez , California 94553m
C. If claim is against a district gcrowemed by t2ne Sarna (of :Sumervisors ,
rather than the County, the name of the Dis•trjr_t should be filled in.
D. If the claim is against more than one palb1dc emtti.tF, sitpwarate claims
mast be filed against each.: public enti t ..
E. Fraud. See penalty for frauduleTat res„ 21 72 at end
o� this form.
RE: Claim by }): em-vecd fzz,' `'Cle k's filing stamps
1 - RECEIVED
Against the COUNTY OF , CONTRA COSTA)) SEP 18 KM
or DISTRICMI,� -
(Fill i n name) CLERK SUPERVISO
CONTRA CMA CO.
• The undersigned claimant hereby makers (c1t amist `� Via : =of Contra
Costa or the above-named District in thhe s=i of
and in support of this claim represemits as .f¢n1T1 :s_
1. When did the damage or injury ocz-=. JG±-ve pct criate an:d hour)
2. Where
--------------------------------the damage or injury o :cur?' Un—r-1.=am -=itty� county)
3. How did the damage or injury occ-urs- td� =dam u eextra
sheets if required)
6✓��/'/,'� Sz�j SU�� /�?o�,t� .4�� ��Sly.-v�-�� ,/{�. �vd���/
_
4 What particular act or omission -ozm�ttbe�pars't, *)f x==ty ;o --,district--�
officers , servants or employees -mause.B. *,:Tie =:,3cr-y r daamas.e?
(over)
'.:5..:.: zat�. are-the....names of county or district! officers servants
employees causing the damage ,or. injury?
:X,00�
--------------=------------------------------------- -
--------- ---
e �
---=---
6 . What damage or injuries do you claim resulted? Give full extent
of injuries or damages claimed. Attach, two estimates for auto.
damage)
-oop
7.
Howrwas -the amount claimed-above computed? (Include the estimated
amount of any prospective injury or damage. )
--------------------------Names and addresses owitnesses , aocors. ana hosaitals.
----- - ----- ---------------------------------------------------
-- ----
9 . List--the exp--en-ditures you made on .account of ,this accident or injury:
DATE ITEM AMOUNT
IOA
Jam.. .
730
8 t `
Govt. Code', Sec. 910 . 2 provides :
The claim' signed by the claimant
SEND NOTICES TO: (Attorney) or by some oerson on his behalf. "
Name and Address of "Attorney
Claimant' s g at
Address
Telephone, No. Telephone No.
NOTICE
_ w
Section '72 of the Penal Code provides
"Every person who, with intert to det"raud, 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 .or pay
the same if genuine , anv false or fraudulent claim, bill., account, voucher,
or, writing, is guilty of a felony. "
V CLAIM
�• BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA l• 102-
Claim Against, the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT OCTOBER 1 6 , 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: Unspecified Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: MILLAR ELEVATOR SERVICE COMPANY
ATTORNEY: P .M. Bessette, Esq .
Wright, Robinson, McCammon, UteaAceived
ADDRESS: 44 Montgomery St . , 18th Fl . BY DELIVERY TO CLERK ON September 14, 1990.
San Francisco , CA 94104
BY MAIL POSTMARKED: September 13, 1990
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: September 19 , 1990 Ja1L BAATTCyELOR, Clerk
epuI1. FROM: County Counsel TO: Clerk of the Board of Sup sors
( ' ) 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 20 190 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).
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: /o- /&^ 70 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: 1O—a3 — 9r7 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: P.M. B sette, Esq.
Wright, inson, McCammon, et al.
44 Montgome St. , 18th Fl.
San Francisco CA 94104
Re: Claim of MILLAR E ATOR SERVICE COMPANY
Please Take Notice As Follows :
The claim you presented against the County of Contra Costa or District
governed by the Board of Supervisors fails to comply substantially
with the requirements 'of California Government Code section 910 and
910 . 2, or is otherwise insufficient for the reasons checked below:
1 . The claim fails to state the name and post office address of
the claimant.
2 . The claim fails to state the. post office address to which
the person presenting the claim desires notices to be sent.
3 . The claim fails to state the date, place or other
circumstances of the occurrence or transaction which gave
rise to the claim asserted.
4 . The claim fails to state the name(s) of the public
employee(s) causing the injury, damage, or loss, if known.
x 5. The claim fails to state whether the amount claimed exceeds
ten thousand dollars ($10,000). If the claim totals less
than ten thousand dollars ($10,000) , the claim. fails to
state the amount claimed as of the date of presentation, the
estimated amount of any prospective injury, damage or loss
so far as known, or the basis of computation of the amount
claimed. If the amount claimed exceeds ten thousand dollars
($10, 000) , the claim fails to state whether jurisdiction
over the claim would rest in municipal or superior court.
x 6 . The claim is not signed by the claimant or by some person on
his behalf .
7 . Other:
VICTOR J. WESTMAN, County Counsel
B /.
Y•
Deputyo my Counsel
CERTIFICATE OF SERVICE BY MAIL
C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. 95 641, 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: � �` O , at Martinez, California.
cc: Clerk of the Board of Supervisors iginal)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910.8)
Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should.be filled in.
eniy separate claims mist he
Li
D. if the claim is against more nin :,res Yubl c ttJ r -rp
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
Millar Elevator Service Company ) RECEIVED
(successor-in-interest to American )
Elevator Company) )
Against the County of Contra Costa . ) SEP4
or )
ft
District) CLERK BOARD OF 3U
Fill in name ) CONTRA COSTA CO.
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)
May 24, 1989
------------------------------------------------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
Contra Costa County Courthouse, Richmand, CA
------------------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
See attached sheet.
------------------------------------------------------------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
See attached sheet.
(over)
5. What are the names of county or. district officers, servants or employees causing
the damage or injury?
Unknown, discovery has just commenced.
------------------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Damages in an unkown amount for contribution and indemnity for plaintiff
Bernetta Rand-Dunham's alleged. injury to her left wrist, hand and thumb.
---------------- ---------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
-------------------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Discovery has only recently commenced.
-------------------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Discovery =hasr only,,recently commenced.
4 Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICEST0:1� (Attorneys)o��� �
or some person on his behalf."
Name and Address'-'of-Atto'r'.ney----•
P.M. Bessette , Esq. /
Wright, Robinson, McCammon, et al. Claimant's Signature
44 Montgomery St. , 18th Floor
San Francisco, CA 94104 44 Mont omery Street, 18th Floor
Address
San Francisco, CA 94104
Telephone No. (415) 391-7111 Telephone No. (415) 391-7111
# # # # # # # # # # # # # # # # # #
N O T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
RECEIVED
SEP 1 4 1990
ADDENDUM TO CLAIM
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
3 . How did the damage or injury occur? (Give full details; use
extra paper if required)
On May 9, 1990, plaintiff, Bernetta Rand-Dunham filed the
Complaint which is attached hereto, naming Dover Elevator
Company, American Elevator Company and Does I through XXV as
defendants in her action for personal injuries attributed to
an alleged accident in an elevator at the Contra Costa
County Courthouse on May 24, 1989 .
Plaintiff Bernetta Rand Dunham served Millar Elevator
Service Company, successor-in-interest to American Elevator
Company, with said Complaint on August 13 , 1990, at which
time Millar first acquired knowledge of plaintiff' s alleged
injuries in the suit thereon.
Millar is mailing this Tort Claim pursuant to the
requirements of Government Code Sections 900, et sec within
the 6 month period during which a claim must be brought
against the county.
4 . What particular act or omission on the part of county or
district officers, servants or employees caused the injury or
damage?
This is a claim for contribution and indemnity. Millar
Elevator Service Company, successor-in-interest to American
Elevator Company, is a defendant in the action Bernetta
Rand-Dunham v. Dover Elevator Company, et al . , Contra Costa
County Superior Court, Case No. C 90-02096 .
Plaintiff has alleged that Millar' s predecessor-in-interest
negligently constructed, owned, operated and maintained an
elevator at the Contra Costa County Courthouse, proximately
causing serious injuries to plaintiff' s left wrist, hand and
thumb.
Millar Elevator Service Company denies plaintiff' s claims in
their entirety and alleges that the County of Contra Costa
as owner, operator and manager of the County Courthouse, was
negligent and therefore is expressly, and impliedly,
equitably liable in indemnity, or is otherwise liable under
the principals of contribution for plaintiff' s damages, if
any.
982.1.0) i1 of 3> r
- �, fit. � f �• ` ;
ATTORNEY OR PARTY WITHOUT ATTORNEY(NAME AND ADDRESS): TELEPHONE: FOR COURT USE ONLY
JACQUES BLOXHAM, ESQ. (415) 934-6649
43 "PANORAMIC WAY
WALNUT CREEK, CA. 94595
ATTORNEY FOR(NAME): BERNETTA RAND-DUNHAM n .
Insert name of court,judicial district or branch court,If an and post office and street address:
SUPERIOR COURT OF CALIFORNIA, CORRA COSTA COUNTY
725 Court Street
Martinez, CA 94553 MAY 9 '199')
S.I. WEIR,COUNTY CI,I:RK
PLAINTIFF: CONTRA COSTA COUNTY
:BY
BERNETTA RAND-DUNFIAMI(fT!iI r�AClJIrf Deputy
RECEIVED
DEFENDANT:
DOVER ELEVATOR COMPANY, AMERICAN ELEVATOR COMPANY SEP 14 1990
I-ED DOES 1 TO 25 F SUPERVI
CASE NT#iA COSTA CO. .
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
=MOTOR VEHICLE []OTHER(specify):
=Property Damage Wrongful Death
=Personal Injury = Other Damages(specify): C 90 - - 0 2 09 6
1. This pleading, including attachments and exhibits, consists of the following number of pages: 4
2. a. Each plaintiff named above is a competent adult
C] Except plaintiff(name). tVO CL: (LOCAL RULE 5)
�a corporation qualified to do business in California THIS CASE ISASSIGNEDTODEPT.
AND CONICS UNDERGOVERNMENTCODE68600
1
[�an unincorporated entity(describe):
j
=a public entity(describe):
I
=a minor an adult
l = for whom a guardian or conservator of the estate or a guardian ad lilem'has been appointed
�] other(specify):
1 0 other(specify):
i
(_]Except plaintiff(name):
=a corporation qualified to do business in California
an unincorporated entity(describe):
=a public entity(describe)
=a minor =an adult
[]for whom a guardian or conservator of the estate or a guardian ad Iltem has been appointed ,
�]other(specify):
4
0 other(specify)
1
b. []Plaintiff(name): "
is doing business under the fictitious name of(specify):
and has complied with the fictitious business name laws
(I c. = Information about additional plaintiffs who are not competent adults Is shown In Complaint-
Attachment 2c.
(Continued)
Form Approved by the
Jud;cialCouncil otCalifornia COMPLAINT—Personal Injury,Property Damage,
Eltecuve January 1, 1992
Rule 982.,1(1) Wrongful Death CCP 425.12
I -
J `, T ". 7.?iV{L� q�l:• .. :j'� F .34' A.'iv !.'.i-
SHORT TITLE: CASE NUMBER:
RAND-DUNHAM vs. DOVER ELEVATOR
COMPLAINT—Personal Injury, Property Damage,Wrongful Death Page two
3. a. Each defendant named above is a natural person
] Except defendant(name): Except defendant(name):
AMERICAN ELEVATOR COMPANY DOVER ELEVATOR COMPANY
a business organization, form unknown a business organization, form unknown
a corporation Q a corporation
Q an unincorporated entity(describe): 0 an unincorporated entity(describe):
Q a public entity(describe): Q a public entity(describe):
Q other(specify): Q other(specify):
Except defendant(name): DOES .1-10 [Q Except defendant(name):
a business organization, form unknown =a business organization, form unknown
Q a corporation. =a corporation
Q an unincorporated entity(describe): Q an unincorporated entity(describe):
Q a publlo entity(describe): =a public entity(describe):
Q other(specify): []other(specify):
b. The true names and capacities of defendants sued as Does are unknown to plaintiff,
c. Q Information about additional defendants who are'not natural persons Is contained in Complaint—
Attachment 3c.
d.'Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names):
4. Q Plaintiff is required to comply with a claims statute, and
a. I= plaintiff has compiled with applicable claims statutes, or
b. plaintiff Is excused from complying because(specify):
5. This court is the proper court because
Q at least one defendant now resides In its jurisdictional area.
the principal place of business of a corporation or unincorporated association Is in Its jurisdictional area.
injury to person or damage to personal property occurred In Its jurisdictional area.
Q other(specify):
6. The following paragraphs of this complaint are alleged on Information and belief(specify paragraph numbers):
3 a.
(Continued) Page two
982-ill) .('of 3)
SHORT TITLE: CASE NUMBER. .'
RAND—DUNHAM vs. DOVER ELEVATOR
COMPLAINT—Personal Injury, Property Damage, Wrongful Death(Continued) Page three
7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
Q listed in Complaint—Attachment 7 Q as follows:
B. Plaintiff has suffered
wage loss Q loss of use of property
hospital and medical expenses IZIgeneral damage
property damage loss of earning capacity
Q other damage(specify):
9. Relief sought in this complaint is within the jurisdiction of this court.
10. PLAINTIFF PRAYS
For judgment for costs of suit; for such relief as Is fair,just, and equitable; and for
compensatory damages
(Superior Court) according to proof.
0(Municipal and Justice Court) in the amount of$
Q other(specify).
11. The followingcauses of action are attached and the statements above apply to each: (Each complaint must have
one or more causes of action attached.)
Motor Vehicle
General Negligence
Q Intentional Tort
Q Products Liability ,
Q Premises Liability
Q Other(specify):
JACQUES BLOXHAM, ES
or print name) (Signature of plaintiff or Corney)
COMPLAINT—Personallnj ry Prop rty Damage, Page three
Rule 982.l(f)(conrd) Wrongful at (Co tlnued) CCP 425.12
SHORT TITLE: CASE NUMBER:
RAND-DUNHAM 'vs. DOVER" ELEVATOR
FIRST CAUSE OF ACTION-General Negligence: Page FOUR
(number) -
ATTACHMENT TO (Complaint =Cross-Complaint.
(Use a separate cause of action.form for each cause'of action.).
GN-t. Plaintiff(name): BERNETTA RAND-DUNHAM
alleges that defendant(name):.. AMERICAN ELEVATOR, DOVER ELEVATOR COMPANY
]Does 1 to 25 inclusive
was the legal (proximate) cause of damages to plaintiff. By the following acts or omieslons to act, defendant
negligently caused the damage to plaintiff
on(date): May 24, 1989
at(place): Richmond, California
(description of reasons for liability):
Defendants so negligently and carelessly constructed, owned, operated and
maintained the elevator at the Contra Costa County,' Courthouse, proximately causing
serious injuries to Plaintiff's left wrist, hand and_ .thumb.
Form Approved by the
Judicial Council of California
EIIedRule 982.January31�1982 CAUSE OF ACTION-General Neallaence CCP 425 Iz
— - -- #� "sic' _ .� •.'x _ -. �; '�'-: Y_ � T.. ` ���
SUPETtIOR COURT OF CALIFr' IIA, COUNTY OF CONTRA COS7 • COURT USE, ONLY
725 •COURT ST. MARTINEZ CA"IFORNIA 94553 (415)646-2950 Gr. !
1990lei J,
;
NOTICE OF FIRST STATUS COAFBRBBCB CASE .NaKBER
C 9.0 -. - 02096.
1. NOTICE is given that the First Status Conference Mas been tcbeduled is follows:
Date: 54 •�6 I3j, l990 Time: 3.'30 /�M Dept. : / Room:
Address of court shown above is: /
ALL PARTIES SERVED WITH SUMMONS AND COMPLAINT/CROSS—COMPLAINT OR THEIR
ATTORNEY OF RECORD MUST APPEAR.
2. You must file and serve a completed Status Conference Questionnaire at i.ast five days before the
status conference.
3. You must be familiar with the case and be fully prepared to participate effectively in the status
conference.
a. At the status conference the court say make pretrial orders. including the following:
a. an order establishing a discovery schedule.
b. an order referring the case to arbitration.
c. an order transferring the case to the municipal or Justice court.
d. an order dississing fictitious defendants.
e. -an order scheduling oxcbaoge of expert witness information.. ..,
f. an order setting subsequent conferences and the trial date
9. an order consolidating cases.
b: an order severing trial of cross-complaints or bifurcating trial of Issues.
1. an order determining when demurrers, notions '. to strike and other motions
SANCTIONS -
If you do not file the Status Conference Questionra;r or attend the
status conference or participato.,effectively in the conference, the
court may impose sanctions (including dismissal of the case and payment
of money) .
STEVEN L. ,WEIR - County Clerk, County` of Contra Costa.
I declare under penalty of per Jury that 1 as not a party to this action, am at least is years of age and
that I personally _9*44 eraWor asIled . & .'copy, of; this Notice zf
rst Status Conference with the
conference date and bearing time taserted to f (l2Q D Fia person representing
the plaintiff/
Dated:,�__1__ V Deputy ...
1
PROOF OF SERVICE
2
I declare that:
3
I am a citizen of the United States , employed in the
4
City and County of San Francisco, over the age of eighteen
5
years, and not a party to the within cause. My business
6
address is 44 Montgomery Street, 18th Floor, San Francisco, CA
7
94104 . On September 13 , 1990, I served the within:
8
9 CLAIM TO BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
10 on' the parties in said cause, by placing a true and correct
11 copy thereof enclosed in a sealed envelope with postage thereon
12 fully prepaid, in the United States mail at San Francisco,
13 California, addressed as follows :
14
Clerk of the Board of Supervisors
15 County Administration Building
Room 106
16 651 Pine Street
Martinez, CA 94553
17
I declare under penalty of perjury that the foregoing is
18
true and correct and that this declaration was executed on
19
September 13 , 1990, at San Francisco, California.
20
21
22 HILDA ALVAREZ
23
24
25
26
27
28
WRIGHT,ROBINSON,
MCCiAMMON,
OSTHIMER&TATUM
44 MONTGOMERY STREET
18TH FLOOR
SAN FRANCISCO,
CALIFORNIA 94104
(415)391-7111
WRIGHT, ROBINSON, MCCAMMON, OSTHIMER & TATUM
ATTORNEYS
(A PARTNERSHIP OF PROFESSIONAL CORPORATIONS)
44 MONTGOMERY STREET, 18TH FLOOR
SAN FRANCISCO,CALIFORNIA 94104
(415)391-7111
TELEFAX(415)391-8766
411 EAST FRANKLIN STREET - 888 SOUTH FIGUEROA STREET
RICHMOND,VIRGINIA 23219-2205 LOS ANGELES,CALIFORNIA 90017-5455
(804)783-1100 (213)488-0503
TELEFAX(804)783-1138 TELEFAX(213)624-3755
RECEIVED
SEP 1 4 199U
Clerk of the Board of Supervisors
County of Administration Building CURKBOARD OFSUPERvi�_>av1
Room 106 CONTRA COSTA CO.
651 Pine Street
Martinez , CA 94553
Re: Rand-Dunham v. Dover Elevator, et al .
Our File No. 100200 . 0012
Dear Clerk:
Enclosed is an original and a copy of a Claim against the
County of Contra Costa on behalf of Millar Elevator Service
Company, defendant in the above-referenced case. Please return
the copy with a "received" stamp on it in the envelope I have
provided.
Should you have any questions regarding this matter, please
do not hesitate to contact our office.
Ve,r truly yours,
Hilda Alvarez
Secretary to
P.M. Bessette
PMB: ha.
Enclosures
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�1,
CLAIM
• BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
la-im'Against the County, or Districtgoverned by) BOARD ACTION
the Board-0-Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT OCTOBER 16 , 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: $1726 . 50 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: PASSPORT TRANSPORT LTD.
37 Progress Parkway
ATTORNEY: St. Louis , MO 63043
Date received
ADDRESS: BY DELIVERY TO CLERK ON September' 14 , 1990
Cert . P289 228 818
BY MAIL POSTMARKED: September 12 , 1990
I. FROM:.. Clerk of the Board of Supervisors. TO: County Counsel
Attached is a copy of the above-noted claim, BB
DATED: September 19 , 1990 Be AIL BATCHELOR, Clerk
eputy
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: 20 190 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 ORD R: By unanimous vote of the Supervisors present
( 1/) 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: 0 CT-1 f J9�qn PHILBATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code se i 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 i,n 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)C l1 �j 7QClrl BY: PHIL BATCHELOR by Deputy Clerk
r,
CC: County Counsel County Administrator
Claim to: BOARD OF SUPERVISORS OF 'CONTRA COSTA-COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal -property or growing crops and which accrue on or, before December 31, 1987,-
must be.presented not later than the 100th:day after the accrual of the .cause. of
action. Claims relating to causes of. action.for �death or for injury tp .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 .aetion. .Claims relating to, any other cause of .action-must--be- presented not
later. than one year..after rthe accrual of,the cause of act-ion. . (Govt.• Code. §911. 2.)
B. Claims must be filed with the Clerk of the Board of Supervisors`atyits 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.flled in.
D. If the elaiin 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 PASSPORT TRANSPORT LTD ) Reserved for Clerk's filing stamp
37 PROGRESS PARKWAY )
"
$?LOUIS,MO 63043
RECEIVED
Against the County ,of Contra Costa ). SEP 1 4 19
- Di trict) CLERK BOARD OF SUPERV _
Fill in name ) CONTRA COSTA CO:
The undersigned claimant hereby makes claim against the County of Co a 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)
i
damage �n -----
2. G <�- G
Where did .the or"in urY occur? Include city and county)
-- ---------------------�o� a _�-e_�_------
3: How did the damage or injury occur? (Give full details; use extra paper if
required)
l-
..rt
4. -What particular act-or omission- on the part of` county-7or 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? r
---_---- ---- -------------••---------' --------------------------- --- --------------
5: What damage--:or injuries do. you claii •,resulted? (Give full extent of injuries .or
amag
es claimed.� Attach two estimates for auto damage.
/41
d
. . zO.le�v. GGGY�r. ,2�GG •,� ..ire-e-
-! ----!//—/---- ------------ --------------- ------------- -- -----
T; How was the amount claimed above computed?` (Include 'the estimated amount of any
AJ
rospective injury or�damage.
G v %?ZeLG�tJ� :/le%. �'t -' ,
• C
8. Nan s anaddresses of.witnesses�ctors and hospitals. ,9/ /w�
- c�J
A�,
1i )7z
---------------------------------------------------- -------=---G'� -�== ----
9..,.- List the;,expenditures you made on account of this accident.or injury:
DATE ITEMr
....i
Qmy
� �
�. � .ax:.rnrEs,amme :suawnsena,,
JS Gov. Code Sec. 910:2 provides:
"The claim must be signed -by the claimant
SEND NOTICES TO; (Attorney) or by some person on his behalf."
Name and Addressopf=Attorney
(ClaimanVs S' nature
-- 3/� Ae4 J_
A dress
Telephone No.. Telephone No.
# W F F itV #
5�7�7
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,A 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. 1mprisonment in
the state prison, by a fine of not exceeding ten, thousand'-dollars, ($10,000, -or 'by
both such imprisonment and fine.
AUTOS BILL OF LADING
Wo
37 PROGRESS PARKWAY o ST. LOUIS, MO 63043
(314)878-5777 0 800-325-4267- FAX#1-314-878-7295
CONSIGNEES SIGNATURE SIGNIFIES ACCEPTANCE OF LISTED VEHICLE(S)IN ITS DELIVERED CONDITION,OTHER THAN NOTED DAMAGE.
DAMAGE CLAIMS MUST BE SUBMITTED WITHIN 30 DAYS. CARRIER NOT RESPONSIBLE FOR CHECKING ANTI-FREEZE IN VEHICLES
�I�f@ UCE N0.45281
UV i
Co. Co_
TAME NAME FOR � r 'r �O
ADDR. DLIUBLE9°> STEL ADM..X600`B�.Y STREET
_.._...... . _......_. ..... __. ._..... .. _ __ _ _. ... ... _ ...... __ ............. ..
................................._.. .._..... .... ._.. _..... ........_..._ . __ __ _ __ __.. __ ... _ .. ..............
CITY:.; _. CITY ; Ei`tERY�ILLE'CA _ _ _ __.
TITLE; TELE.! 415-653-62 /O
SPEC!: O D1fIIt ;t1>D X04=9e^da 190.8
.
INST.
DRDER PLACED BY� f RMYTO3
o
moo;
CAR RATE
. _ ... ......... _ .. ..... _ ..._.._
_.. .....__ .. .. ...... .... ...... _ .. _ __ _.. . . . . .._... _ _.............
. ....
.. .
... . ...
MILES
MILE FEE 250 0
LOADING
as . .: .
WINCH
OTHER CDG: OOSDEL
DRIGINATIDN
E;FE
20. a
TOTAL CHARGES
�aa.aa
CASHIER'S CHECK OR CASH ONLY(ICC REGULATIONS)
REFER TO INSPECTION FOR CONDITION OF VEHICLE.
MAXIMUM LIABILITY OF PASSPORT TRANSPORT.NOT TO EXCEED$100,000 PER VEHICLE �n
�ov&
ICC MC 128916 - -
Shipper Driver
Driver Date Recd By
COSDEL INTERNATIONAL CO-� INC.
X � FOREIGN FREIGHT 7<?RWARaLk5•+;USTOmlH�.Ugr. 01101<Lt25
SIys 1EW MONTGONIERY S'111VE'I' j:,jyIA"2101
Y .��• SAN FRANCISCO,CAI.Ir'OMNIA A:liu;• C.H.H 7733
1'LLr:)'NtINF::141oj 72�-2000
FAX: (415) 543-5112
AUG. 23, 1990.
i
RUDY PAS
CLASSIC CAR ASSOCIATES, 8REDA, 11OLLAN),
�`� .• ��(`� I,A.XLI 3I.-76-655,494.
DEAR RUDY:
MR. DAV1,D COHEN OF CANADA BOUGHT TWO CARS AT THE RICK
COLE AUCTION IN MUN1`E;REY THIS PAST WREI<ENll. HE ASKED
US TO SHJ.P THE CARS TO YOU, I HAVE NO CONIACT INFORMA— {
I'I0� r'UIt MK. t:UHEN, HI. SAID YOU ARE THE CONTACT, I
ONli OF THE; Ci1RS, A 350 SHELBY MUSTANG THAT HE PAID
t ABOUT iSJ ,()UU FOP,, WAS DELIVERED TO OUR `tJAREDOUSL 1'011,
PACKING BY PASSI'OR'a' TRANSPORT, IiGM T'liE AUCTION S1;T'E.
YY � WHILST `UNLUADINU t:!'>K; f'XUM THL, PASSPORT TRUCK. THE
MUS`i'ANU WAS PARKED, ANDA Sk)h;ti) 1 S ur:1-Fu '1'ri>;I'J'i' PATRu3. '
CAR, DRIVj?N`Y,X A r'r.KAI.> SHIihil'I , WAS f(EVERSLD INTO THL
D001( OF THE MUSTANG. ';'ill: D00", 'I.S BADLY IENTFI), ALTH006 I
I HAVE NOT SEEN IT Yk j'.
PASSPORT ARE FULLY -INSURED, ANN) THEY Ai,K PURSUEING T1 �
j CLAIM Oil THE .SHER11 'I S 2i1+:1:''J', 11.1.,S0, PASSPORT A;:CrPTS, FULL
J RESPONSIBILITY FOR THE CAR. THE CALIFORNIA HIGHWAl'
'PAT'kOl, WANTS TO CONTAul' Tax Ulvivr.:k, Sty I MUST LIST YOU s
AS I HAVE NO WAY UJ+' coN'1'AC'1'LN! Mfx, 0jiF-N. I FEEL. IT
WOULD BF BETTER TO 5141P '111h' Chk A- IS, AND IIAVC YUUK .
LXPI RT SHOP FAGIL,IT'IE> REPAik IT, BUT YOUR COMMENTS
ON' 141S WILL BE APPRECIATED. ALSO; DO YOU Y.NOW HOW. WE
CAN ADVISE AIR, COIIFN!
W:: WILL BE IN TOUCH• THANK YOU.
MARTIN E. BUTTON.
„ t
1 1
Rudy Pas
' . . . dirrcluf •
CLASSIC:: :AR A55r.)c,'iAi ES G.V.
. f.0. F',Ox 20bO + 31.76.6°;1.551
4800 C-fi ylHtl., ?(..c.(vltt;isir Gd 1
HOLLAND 40` J
_;4 NA Bwt iiCii LAND Fax t 31.7E;,6ti5.•ltis
COSDE- .t/HQ-,SF
q IOU 641
.r h,/��h' ra ,AAS �'f��t FPS �. 't Sc9 i:;4t? 1N #
/?e,.ro rs orl'.Aa%1 1*fwl� l e`'�"!
r- ' �- 4 ' 44Arlrr > i ,r / o >
BAR !�'
' cv + 7o to Alyce4b ,f 4004 AS pdJ-t11jL,6 i
Xr 4 JWCYE'T"Apr JW I-Ne ;V6,1%he AIC -7V *j6sPAr'` C-
. ?A&4A1fp yV rlYe ?I'L'd`7` aF 7N6 C.4R ('44 .rr !J' .r YAC?v NIAl
c
trIOCC-1' A M'O CSM 0 L�Ay I?C-*tW �/�C,+'�41+�J fi7'' �� Iry
is AocoVM.h
Estimate Report 460781
mom
:..--BU$.PHONc—_7_77+ �";:0_0RH0NE itES .:
AptiHESS, v r 'f /�� ��C�..—..../ ���.. •� �'•r CITY .. --.STA'!t ..----. ZIF,.._�_._....
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JP/�
YEAR fir.-Sf...� MAKE7 -�+lel J�iy y ..MUUEL _z/. ._L. --111,NO.'.._..
PAINTCCI(rE. ..._..1.. .. ...._..__ PfiOFJ.CAtt- .._._.... TRIM. -,.-,_...._. MIIEAu`C_<, .LICENSE NO.._.,
WRIT IEN!iY_ FILC NO:_. _CLAIM Nei.. _. P Q,NG. _.,..—.__ ..
ADJU3ILW-. LIG.NO _.., .PHONE.�__ Da�ur:i'.r 1Nrlim m,n+_
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TOTALS d7
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PARTS Prices'vbJect ro invoice 6MO A- L
� � NC 3600V Snur
Shap Supplies
PAINT
937 E. 1 2!h Street. Paint Supplies
Oakland, California 94606 ?twinglSrnr&ge 6 _� ����+r
rip �p�;� 5uUiet?MiSC0118rINovS $
Phone } V�9"7lFLiV SUO TOTAL s
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