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HomeMy WebLinkAboutMINUTES - 10301990 - 1.3 (3) Jli CLAIM Oct. 30, 1990 �. 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 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: $10,000 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Florence Moran c/o Pit River Tribe ATTORNEY: Drawer 1570 Burney, CA 96013 Date received ADDRESS: BY DELIVERY TO CLERK ON 10/1/90 BY MAIL POSTMARKED: 9/27/90 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. f Ba 10/2/90 ae IL BATCHELOR, Clerk DATED: : Deputy iy I1. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: jJ Dated: 10 Yi— SL S_ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present �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 C T 3 0 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: 'NOV' 2 19A BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 5. What are the names of county. or district officers, servants or employees causing the damage or injury? Johanna Bernstein, Court Appointed Counsel. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Personal Injury -'emotional.-distress and damage to reputation. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) General damages in ew-ess of $10,000. 8. Names and addresses of witnesses, doctors and hospitals. N Hon. John C. Minney - 1020 Ward Street, Department 12, Martinez, CA 94553 Jay B. Petersen 510 - 16th Street, Suite 301, Oakland, CA 94612 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT ,� yr i' Gov. Code Sec. 910.2 provides: k _,- ;Cl=arrant° "The claim must be signed by the claimant SEND NOTICES TO's ;(A £'� ; or by some person on his behalf." Name and .Address-of--MM%by Claimant Florence-MoranClaimantts Signature c/o Pit River Tribe Drawer 1570 c/o Pit River Tribe.- Drawer 1570 Burney, CA 96013 Address Burney, CA 96013 Telephone No. (916) 335-5421 Telephone No. (916) 335-5421 * T V V V V I V V T if I V V V I V # 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 such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, oi by both such imprisonment and fine. I have been involved in a Juvenile Court proceeding in Contra Costa County as a representative of the Pit River Tribe. I am not a party to the proceeding which comes under the Indian Child Welfare Act of 1978, and have only appeared as a representative of the Tribe. It has come to my attention that on or about May 11, 1990, Officer Bruce Frediani, #544, of the San Francisco Police Department,Juvenile Division; obtained a copy of my state summary criminal history information("CII history"). I believe he obtained this report in his official capacity as a police officer. He then provided my CII history report to Johanna Bernstein, Court appointed counsel for the minor in the Contra Costa County proceeding. I believe that Officer Frediani provided this information to her in violation of state law, and that she received it in violation of state law. On May 23, 1990,I believe Ms. Bernstein attempted to introduce this information in the juvenile court proceedings but Judge Minney prevented her from doing so. I also believe Ms. Bernstein made representations to Jay Petersen, one of the attorneys representing the Tribe in this proceeding, that inaccurately represent any convictions I have on my record. I believe that the actions of both Officer Bruce Frediani and Johanna Bernstein violated state law. Their actions have also violated my constitutionally protect right of privacy and have caused me emotional distress and damage to my reputation.and I seek damages against Johanna Bernstein, court appointed counsel in an amount excess of$10,000. CLAIM �• �O BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Oct . 3 0 , 1 9 9 0 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $5 , 590 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: I d a B l y ItEcEIVE® 2815 Willow Pass Road SEP `' B 1990 ATTORNEY: Pittsburg , CA 94565 Date received COUNTY COUNSEL ADDRESS: BY DELIVERY TO CLERK ON 9/24/90 MARTINEZ, CALIF. BY MAIL POSTMARKED: 9/21/90 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 9/2 8/9 0 pQ I L BATCHELOR, Clerk //11 DATED: ea: Deputy 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: IG� I �91; BY: 'K ' Deputy County Counsel �T 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 0--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 CT 3 0 199-0 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code sec n 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: NOV _ 2 1990 BY: PHIL BATCHELOR by _Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY . AND/OR NON-ACCEPTANCE OF CLAIM TO: I ly 2815 ow Pass Rd. Pittsburg, A 94565 Re: Claim of IDA BLY Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910. 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel By:_B • 1 10. 4. . � A Deputy Cu ty Counsel YJ CERTIFICATE OF SERVICE BY MAIL C.C.P. S§ 1012, 1013a, 2015 .5; Evid. C. SS 641, 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of. this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: "�?`g \ p at Martinez, California. ` cc: Clerk of the Board of Supervisors (or ginal) V/ Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920.4, 910. 8) 5. What are the names -of ,county or district` officers,. servants or employees causing the damage or injury? �` � [C ��t�iFs e_ "It ------------ ------------ -------------------------------------------- 5. What damage or injuries'do .you claim resulted? (Give full extent of injuries or damages claimed. Attachr.two .est'mates for auto damage. � � - C a4s da5aL.4_ _�s :=---------= ----------=- ==- ---—=------- — __ ------ 7. How was t�eamount claimed above comp ted? (Include the estimated amount of any T2.1prospective injury or damage.). ,L, dsG i% eS��i`rn rYl�e %i�' Clp-:. s ti° ¢� y .?re ,�r,� Y me 8. N es and addresses of witnesses, doctors p � Z��i act and hospitals. "l ,vs� e�7`�i�S rs:..ls c`i �2:1 l , 914 Oell �fir► 9. List th expenditures2 2-4-C),L made on account of thss accident or inury: t>D-el Ma Q f ky DATE- ITEM AMOUNT P. OV In _i _T yQ 4 /ped s ,5AA Xs z. Tal` 'I ®ta , Gov. Code Sec. 910.2 provides: �N ,r�tk ��d� ,��+►t~ wU�(• The claim must be signed by the claimant SEND NOTICES =TO:' =s°(Attorney) or by some person on his behalf." Name and Address=ofzAttorney - Claimants Signature wAddress r n f 2 Gt Telephone No. Telephone No. �4/S:1 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 such imprisonment an' d'.- 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 to: _ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19872 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 914553. 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 RECEIVED ) Against the County of Contra Costa . . ) ) $EP ? 41990 or District) CLERK BOARD OF SUPERVISORS 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: --------------------------------------------------------------- When did the damage or injury occur? _ (Give exact date and hour)&)0-h,#U-P (J�al 7Ayes of eveP-y�i�Ny'•. = - ------------1�. 2. Where did the damage or injury occur?. (Include city and county) 3. How did the damage or injury occur? (Gi full details; use extra paper if required) My f A.0P e- WAS (�jaocde-d bec-A"e o iv5 � Pd j�4,ede- �e:�� � ©U 'P �� 'A- ode P90/0 e �9���u� C:1�!`�1�� d -- 7 �i� LI 4. What particular' act or omiss on on the part of county or district officers rs 7�a - servants or employees caused the injury or damage? ( &ad lb w�d (4a d � eNn� �s fo ZY/14 , 5 v�Cf A)liN �t �C i.C) a le a jitJ � S �r{ <,t>L t L �O hl�iAYl�+;A wl- S- u/Uve �d� lb ® LV;/4, wPsh5.5z) ;V"AGA 0111 e- TjO W S �// Pw �•• r , � s r 0 96� iL ?� O 4-3 M m cd Ln .J .N Ln N •En vO n u) 4-1 Q N N O N xb 4-3 pa •r�I 4-3 r O O Ln (d VGr1U �0 � y . i W H 0 > 0d, +, Ln W va0v 0 0 0 fs, U Q fYl , R&B ENTERPRISES PO BX 5101 PITTSBURG, CA 94565 (415) 458-2672 March 12, 1990 : .Mrs Ida Bly 2815 Willow Pass Rd Pittsburg, .Ca' 94565 Dear Mrs Bly; _ We submit the following to repair damage that occured, in your . rear yard during recent storm conditions as-you requested.- -CLEARING- ,& REMOVAL Remove dirt, remaining lawn and shrubbery as needed. Haul away all the above. - Rough grade: 500.00 RETAIN WALL: Retain wall to be 57 lin ft long, all material to be redwood. Wall , will be 4 ft above grade. ; Install 6X6 posts.on 6 ft. centers in concrete.. 2X8 ,runners bolted. '975.00 TOPSOIL & GROUND PREPERATION: Install .topsoil and compost as needed, rototill, grade and roll for compaction, 700.00 SHRUB & GROUND ,COVER. BED BORDORS: Bordors to be; 100 lin ft in length, all material to be redwood. ' Install 2X4 to grade ankored every 3- ft with stacks. 450,00 SHRUBERY & GROUND COVER: Install wood shavings to all shrub and ground cover.'.beds for-weed:' control. Install 11 flats. (704 plants) gro,ung cover. Install 22 misc 5 gal shrubs. Shrubs planted on 2 ft center, ground cover planted on 12 inch centers. All planted. in :compost mixture. . Haul awy all containers, flats and any misc. 700.00 INSTALL NEW LAWN: Install'kentuckey. blue grass sod and roll to root. 1175.00 TOTAL ALL AREAS DISCRIBED ABOVE ------------------------------------- 4500.00 Included, in-our estimate is maintainence of all planted areas until such time as everything is rooted well and doing well. Sincerely; Ralph Jacopsr R&B ENTERPRISES PO BX 510.1 PITTSBURG', CA 94565 ' � � � ��aa\�/ . . � \ : t 4 \ �� :\ ^ � � \ � � �\ - `^ /ƒ\ \ � y«m \.-©\ / \ / } ! ° � . ! ! \ K \ \ \�\ � . /\: ° : - � ' , � �� � � � . � � �� � � � . + g � � � � � w% � �^» � ��{vo � � � � � . � . � \� \ �� � . � .�� � . � ` � � . � � � �. ��. � � � CLAIM /.30 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 0 c t . 30 , 1990 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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: $231 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Byrgan , Inc . (by William D . Scott) RECEIVE® 2020 Easton Drive SEP N B 1990 ATTORNEY: Burlingame , CA 94010 Date received COUNTY COUNSEL ADDRESS: BY DELIVERY TO CLERK ON 9/25/90 MARTINEZ, CALIF. BY MAIL POSTMARKED: 9/26/90 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH gg DATED: Sept . 28 , 1990 B1�IL 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 916.2, 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: 10 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 OR R: 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. _ OCT 3 0 1990 Dated: 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: N 0 V e 2 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-i 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 BYRGAN,Inc. 2020 Easton Drive RECEIVED Burlingame, CA 94010 Against the County of Contra Costa or 619% L District) SUPERVISORS (Fill in name } A CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ X and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) August 1,1990 and Continuing thru August 22,1990 ------------------------------------------------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) San Mateo, CA and Martinez, CA ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) Local Registrar refused to accept for filing certificate already accepted by San Mateo Registrar of vital statistics as required by Section 10376.8 (H&S) Deceased( Jesse William Viau ) --------------------------------------------------------------------------------- -- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Failure to follow dictates of state law as required by10376.8(H&S)&l0678(H&S) (over) J r' 5. What are the names of county or district officers, servants or employees causing the damage or injury? Clara Coats ------------------------------------------------------------------------------------ 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. a See Attached ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See Attached ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Ramon Kurup , Local Registrar-San Mateo County ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT See attached J Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO{"'a;(A�t't°one ) 1 or by some person on his behalf." Name and Address of—Attorney` .J � �� Byrgan,Inc by �) ISV_President Claimant's Signature 2020 Easton Drive Address Burlingame, CA 94010 Telephone No. Telephone No. (415) 343-5511 * * * * * * * * * * * * * * 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. tJ�•�ctpz, < tzc , - 2020 Euston TL %. (415) 343-5511 BuJingamt, Ifu. 94010 (800) 222-5237 23 August 1990 EXPENSES RELATED TO REFUSED DEATH CERTIFICATE-(Jesse William Viau) Mileage to Martinez & return 55.00 312 Hours personell 175.00 Bridge Toll 1.00 Total Expenses $ 231.00 i JI CERTIFICATE OF DEATH • _. d t STATE OF CALIFORNIA STATE FILE NUMBER USE BLACK INK ONLY LOCAL REGISTRATION DISTRICT AND CERTIFICATE NUMBER IA. NAME OF DECEDENT-FIRST I 1B. MIDDLE IC. LAST (FAMILY) 2A. DATE OF DEATH-MO, DAY,YR;2B. HOUR 3.SEX JESSE (GIVEN) i WILLIAM VIAU JULY 30, 1990 ! 1229 Mal( 4. RACE 5. SPANISH/HISPANIC-SPECIFY 6. DATE OF BIRTH-Mo. DAY, YR 1 7. AGE IN I IF UNDER 1 YEAR IF UNDER 24 HOURS YEARS I MONTHS I DAYS HOURS MINUTES White ❑ IES-H NO MARCH 3, 1923 67 DECEDENT 8. STATE OF 9. CITIZEN OF WHAT 'OA. FULL NAME OF FATHER tOB. STATE OF 11 A. FULL MAIDEN NAME OF MOTHER I IB. STATE OF PERSONAL BIRTH COUNTRY I BIRTH BIRTH DATA CA USA William Viau i- CA Unknown i Unk 12. MILITARYSERVICE? 13. SOCIAL SECURITY NO. 14. MARITAL STATUS 15. NAME OF SURVIVING SPOUSE(IF WIFE, ENTER MAIDEN NAME) 19 Al TO 1943 ❑ NONE 546 34 9739 MARRIED Mary Rand 16A. USUAL OCCUPATION 168. USUAL KIND OF BUSINESS 16C. USUAL EMPLOYER 16D.YEARS IN 17.EDUCATION-YEARS COMPLETED OR INDUSTRY Sales OCCUPATION Boatwright :- Boat F inishing Trojan Yacht r 20 12 18A. RESIDENCE-STREET AND NUMBER OR LOCATION 18B.CITY '18C. ZIP CODE USUAL 4544 STONE ROAD : BETHEL ISLAND 95411 RESIDENCE 18D.COUNTY 18E. NUMBER OF YEARS 18F. STATE OR FOREIGN COUNTRY 20. NAME, RELATIONSHIP, MAILING ADDRESS CONTRA COSTA IN THIS OUNTY i AND ZIP CODE OF INFORMANT 4�S CALIFORNIA Barbara Parker-Daughter 19A. PLACE OF DEATH 196. IF HOSPITAL. SPECIFY 19C. COUNTY 7520 Bowen Circle ONE: IP, ER/OP, DOA OF PLACE VA MEDICAL CENTER ' IP CONTRA COSTA Sacramento, CA 95822 DEATH 19D. STREET ADDRESS-STREET AND NUMBER OR LOCATION ' 19E. CITY TIME INTERVAL 22.WAS DEATH REPORTED TO CORONER? RE 150 MUIR ROAD MARTINEZ BETWEEN © YES TF 0-4566BER AND DEAATHTH ❑ NO 21. DEATH WAS CAUSED BY: (ENTER ONLY ONE CAUSE PER LINE FOR A. B, AND C) I 23. WAS BIOPSY PERFORMED? IMMEDIATE t(A) Co'(!6)/V1l1 C-. 5 Lw L(e, %J\iNbl^�S ❑ YES ® NO CAUSE CAUSE i 24A. WAS AUTOPSY PERFORMED? OF /1 �nn wC. L DEATH DUE To (B) Ij Gt,l: 1i VA�0(,AAA V��'t(t,L'C:l1 1> � ❑ YES O NO 24B.WAS IT USED IN DETERMINING CAUSE ��11 (� I,, 1. l� OF DEATH? DUE TO (CI {'1[I'�'Jr��/�(�C.111✓()I I CS LL'�'�(%0 L'(.i jc!.4,�!d1'1� u'1 �a..lL7,Z, 1> �M 'Ylnl ❑ YES ❑ No 25. OTHER SIGNIFICANT CONDITIONS CONTRIBUTING TO DEATH BUT NOT RELATED TO CAUSE GIVEN IN 21 26. WAS OPERATION PERFORMED FOR ANY CONDITION IN ITEM 21 OR 257 IF YES,LIST TYPE OF OPERATION AND DATE. I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE DEATH 1 27B. SIGNATURE AND DEGREE OR TITLE OF PHYSICIAN 27C.PHYSICIAN'S LICENSE NUMBER 27D. DATE SIGNED PHYSI- OCCURRED AT THE HOUR.DATE AND PLACE STATED FROM THE' ' I CAUSES STATED. I ® C.+ / 9 / //� I v (]�j yl C� ( .�/ CAN'S CAUSES DECEDENT ATTENDED SINCE'DECEDENT LAST SEEN ALIVE CERTIFICA- MONTH, DAY, YEAR ' MONTH,DAY,YEAR ' 27E.TYPE A ENDINd--A SICIAN'S NAME AND ADDRESS TION 7-30-90 1 7-30-90 EUGENE SPEAR, M.D. ; 150 Muir Rd. , Martinez, CA I CERTIFY THAT IN MY OPINION DEATH OCCURRED AT 28A. SIGNATURE AND TITLE OF CORONER OR DEPUTY CORONER 1288. DATE SIGNED THE HOUR. DATE AND PLACE STATED FROM THE CAUSES STATED. 0. CORONER'S 29, MANNER OF DEATH-specify one:natural, accident, 30A. PLACE OF INJURY 308. INJURY AT WORK 30C. DATE OF INJURY 31. HOUR USE suicide, homicide, pending investigation or Could not be determined ' MONTH, DAY,YEAR ONLY l ❑ YES ❑ NO 32. LOCATION (STREET AND NUMBER OR LOCATION AND CITY) 33. DESCRIBE HOW INJURY OCCURRED(EVENTS WHICH RESULTED IN INJURY) FUNERAL 34A. DISPOSITION(S) I 34B. PLACE OF FINAL DISPOSITION-NAME AND ADDRESS CA I 34C. DATE 35A. SIGNATURE OF EMBALMER I35B. LICENSE l.• MO. DAY, YEAR NUMBER DIRECTOR CR/RES Held @ 7520 Bowen Cir. ,SacramenLo, 8_5-90 -- i - AND LOCAL 36A. NAME OF FUNERAL DIRECTOR(OR PERSON ACTING AS SUCH) 136B. LICENSE NO. 37. SIGNATURE OF LOCAL REGISTRAR1106 ISTRATION DATE REGISTRAR BYRGAN i 1279 ® 0 1 1990, STATE A. B. C. D. E. F. CENSUS TRACT REGISTRAR VS-11 (REV.3189) MAKE NO ERASURES,WHITEOUTS.OR OTHER ALTERATIONS �C ro ^va \v Q � o QN A t= L-4 � � O w n LP w off M. G do 0 N ro sy cn Q, 0 Oct Np N Yi+O cl*d rt w o 0 A , F��� Lp 10 ✓, �� j�6 r1�J l t b tp - a h � �A O O i I l� a f� rri' ~ rt h i w� ro n x N N OMS 0 t-h O rt- N tD N (t O OUl W 1-hrp rl I If 04 I CLAIM /. 30 r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Oct . 30 , 1990 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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: $103 . 64 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Paula McKee RKEIVED 2253 Reef Court SEP `' ATTORNEY: Byron , CA 94514 N 199 Date received COUNTY COUNSEL ADDRESS: BY DELIVERY TO CLERK ON 9/25/90 MARTINEZ, CALIF. BY MAIL POSTMARKED: 9/24/90 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED:sept . 28 , 1990 Itl I l DeputylOR, Clerk dJ O 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: �U U BY: I / Deputy County Counsel T 4 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 RDE 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 3 0 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: N O V 4 2 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 ) RECEIVED Against the County of Contra Costa ) 2 5 orCLS BOARD OF SUPEMW ): District) CONTRA COM CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ /n��!/ and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full �deyta�ils; use extra paper if required) all,-11111 0/0W 12 �7 1I�,vv ����L Q/?Gl /-a2 r lzeh .6A_.-0_k W?aj �u OLS.- yr ,)n vl�Ap 0 a�d _ --- __-____f ---------------- 4. What articular act or omission on the art of cont or district officers P P Y , servants or employees caused the injury or damage Ry � pn, *(over) 5. What are the names of county or district officers, servants or employees causing` , the damage or injury? ------- --- -- ------------------------------------ 5. What damagd or injuries do you claim 'resulted? (Give full extent of injuries or damages claimed-. ' Attach'two estimates: 4for auto damage' ------------------------------------------------------------------------------------- 7: How was theamount claimed' above computed? (-Include the estimated amount of any prospective injury or damage.) AeV 8. Names and addresses of wi esses, doctors and hospitals. 44 9. List the expenditures you made on account of this accident or, injury: DATE ITEM AMOUNT 5 t" Gov. Code Sec. 910.2 provides: �� "The claim must be signed by the claimant SEND NOTICES TQ,y° (�A torne' ) !uuv% =or b some person on his behalf." Name and Address�-of At-tori ey Claimant's Signature _ Address Telephone No. Telephone No. # # # # # # # V I V V I N 0 T I C E Secti6n -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. : . _ 0>n0o=n Z!�gm 110,O p 0 d/{ i 00 >_ "� ! - m _ m a r- a mmxyl , i mr oc�� f ` •+ - mitt o >m (A :3 00 H ❑ '0 i i N°s N Cla a:A N•a. aN iNiN a r m m r T y_ N C m •a E m O o 3 �t z y0 r r Sr p: ,< m m �A 0.9 C m0 i T p9 y <S<S y a a m T T a a• a <� m a m mf ozv?Z C 'i 'i,D C .m E�9 i 3z m m°° 0.:9090 C'. 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All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50,000 Section 913 and 915.4. Please note all "WarninVICEIVE® CLAIMANT Edna T. Roth SEP N B 1990 P.O. Box 115 ATTORNEY: Mt. View, CA 94042 COUNTY COUNSEL Date received MARTINEZ, CALIF. ADDRESS: BY DELIVERY TO CLERK ON 9/27/90 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of.Supervisors TO: County Counsel Attached is a copy of the above-noted claim, eeHII BATCHELOR, Clerk DATED: 9/28/90 I1. FROM: County Counsel TO: Clerk of the Board of Supervisors �(�► ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: iU ( Igo BY: J Deputy County Counsel I n - "TJ 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: 0 C T 3 0 199n PHIL BATCHELOR, Clerk, By _ . Deputy Clerk WARNING (Gov. code secton 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: NOV 2 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 4 ^`-•OL •• .: 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 14 RE no. Against the County of Contra Costa ) 2 7 or ) )'IFT 8.,r., S CZ-1 ,,; +,,; i) CLERK SUPERvtsORS F i 11 in e �r ��) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ _ 600 , and in support of this claim- represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) --------- ----------1 c—f—�Z— -------------------- ------------------- ---=-- 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra aper 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? y ----------------------------------- -- ---------------------- 5. 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 amo t`claimed above computed? (Include the estimated amount''of any prospective injury or damage.) ----------------------------------------------------- -------------------------------- 8. Names and addresses of-witnesses, doctors-and-hospitals. 2 8 L - 32-5? ` ' --------------------=---------------------= ------- 8=7_u 7 - - --- --------- 9. List the expenditures you made on account of _this accident or injury: DATE ITEM AMOUNT C, Tie d o ' L Opp; S Gov: Code Sec. 910:2 provides: The claim must be signed by the _claimant ,+ tt SEND NOTICES T�,. d :(A" _ ;:, � ti �:.�, or some person on behalf. Name and Address":b 'r{Aorneyq:"_"` Claimant's Si tune Address Telephone No. Telephone No. � 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. AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Oct. 30, 1990 1. 30 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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". RECEN W1 CLAIMANT: Walter Lewis ATTORNEY: Joseph A. Billingsley OCT 0 H 1-90 1212 Broadway, Suite 1200 Date received COUNTY ADDRESS: Oakland, CA 94512 BY DELIVERY TO CLERK ON 9/27/90�T1N BY MAIL POSTMARKED: 9/26/90 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: 10/2/90 JAIL BAATTCHELOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / g o BY: -C , _ / J \ Deputy County Counsel U Q III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( 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 C T 3 0 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se ' 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: N 0 V w 2 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator t D EC 'V 1� 271990 x �a The Board of Supervisors d ` ISC County Administration Building C1FRK8OAR�OFSUPE k � 651 Pine St. , Room 106 l:O q � � Martinez, California 94553 September 24, 1990 Re: Claim of Walter Lewis: Request for review of Notice to Claimant of Late-Filed Claim or leave to present late claim. Dear :?r. Batchelor. : We respectfully request review of the Notice to Claimant sent to Walter Lewis regarding his claim of an injury to person or personal property which arose on or about January 30, 1990. A T T O R N E Y Since Mr. Lewis' original claim was deposited in the AT LAw United States mail along with a proof of service on July 30, 1990, and the actual date of the occurrence is January 30 1990, the claim was submitted within the six month time period of the event or occurrence as required by law. (See Government code Sections 901 and 911.2. ) Service of process was also in compliance with Government Code Section 915 and 915.2, which deems claims to have been "presented and received at the time of the deposit. " (Government Code Section 915.2. ) Therefore, our submission of the claim on July 30, 1990 is in compliance with the 6 month deadline for submission. In view of the compliance with the above sections, I believe that your Notice of Late-Filed Claim is in error and that the request for review should be granted. Or in the alternative, that Mr Lewis be given leave to present a late claim. Respectfully, LAW OFFICES OF JOSEPH A.' BILLINGSLEY BY Ahuva Novak J.D. Law Clerk 15 Boardman Place 2nd Floor San Francisco, CA 94103 415 621 5058 415 864 3353 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of: WALTER LEWIS 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 oefiP;& copy of: Notice to claimant of late filed :c.laim� and original claim to the following: Joseph A. Billingsley, Esq. 1212 Broadway, Suite 1200 Oakland, CA 94612 F L E D AUG 2 0 1990 PHIL BATCHELOR CLERCBBOARD Of SUPERVISORS B O: ODeputy I. declare under penalty of perjury that the foregoing is true and correct. Dated August 20, 1990 at Martinez, California Deputy-'Clerk CLAIM BOARDS SUPERVISORS OF CONTRA COSTA COUNTY, OORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT SEPTEMBER 11, 1990 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. drE6ction taken on your claim by the Board of Supervisors Paragraph IV below), given pursuant to Government Code Amount: Undetermined AU G 1 del J hors 913 and 915.4. Please note all "Warnings". CLAIMANT: LEWIS, Walter COUNTY COUNSEL MARTINEZ, CALIF. ATTORNEY: Joseph A. Billingsley 1212 Broadway, Suite 1200 Date received ADDRESS: Oakland, CA 94512 BY DELIVERY TO CLERK ON August 10, 1990 (via Risk Mgmt.) BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: August 13, 1990 gtlL Dep�tyLOR, 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: `� f J�1{� BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator _ Phil Batchelor The Board of SupervisS Contra Clerk of the Board and • C�`�� County Administrator county Administration Building LV• (415)646.2371 651 Pine St., Room 106 Martinez, California 94553 County Tom Powers,1st District c GAL Nancy C.Fanden.2nd District Robert 1.Schroder,3rd District t Sunne Wright McPeak 4th District z Tom Torlaktum,5th District August 20, 1990 Joseph A. Billingsley, Esq. 1212 Broadway, Suite 1200 Oakland, CA 94612 Subject: Claim of Walter Lewis Dear Mr. Billingsley: NOTICE TO CLAIMANT (of Late-Filed Claim) The claim you presented to the Board of Supervisors of Contra Costa County, California as governing board of the X County of Contra Costa and/.or District, on August 1, 1990 has been reviewed by County Counsel and is being returned to you herewith because:. Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented within 100 days after the event or occurrence as required by law. (See Government Code Sections 901 and 911.2. ) xx Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government code Sections 901 and 911.2 . ) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrences as required by law. (See Government Code Sections 901 and 911.2. ) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code Sections 911.4 to 912.2 and 946.6. ) Under some circtastances leave to present a late claim will be granted. (See Government Code Section 911.6. ) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: eputY19iyv�..-- y Clerk Enclosure YED Claim Against Public Entity 1990 (Government Code §900 et. seq. ) CITY OF SAN RAMON NAME OF CLAIMANT: WALTER LEWIS RECEIVED ADDRESS: 25800 Industrial Blvd. Apt. CC 2330 [ AM I 0 Hayward, CA. 94545 PHONE: (415) 782-0426 CUKK 00�SUPERVlS CONTRA COSTA CO. MAILING ADDRESS: c/o Law Office of Joseph A. Bi ings e 1212 Broadway, Suite 1200 Oakland, CA. 94612 DATE OF INJURY/ DAMAGE/LOSS: January 29-30, 1990 PLACE OF INJURY/ DAMAGE/LOSS: Village Parkway/Alcosta Dublin, CA. DESCRIPTION OF INJURY/DAMAGE/ LOSS: Claimant received personal injuries and property damage caused by police. officers' use of unnecessary, unlawful and excessive force upon claimant's person and automobile. PUBLIC EMPLOYEES CAUSING INJURY/ DAMAGE/LOSS: 1. Sgt. G. Ahern, Dublin Police Dept. 2. K.R. Hoeker, Danville Police Dept. 3. J. Berry, Danville Police Dept. 4. R. Sunga #9951, California Highway Patrol 5. P. Sciarretta, California Highway Patrol 6. T. Larocque, San Ramon Police Dept. 7. J. Mahoney, San Ramon Police Dept. B. P. Venable, Deputy Sheriff 9. G. Berge, Dubin Police Dept. AMOUNT OF CLAIM: Claimant is presently unaware of the total value of the loss and injures suffered. Jurisdiction over this claim would rest in Superior Court. Dated: July a2� 1990 Joseph A. Billingsley for Walter Lewis ?ROOF OF SERVICE Re: Claim of Walter Lewis Against a Public Entity (Govt. Code 900 et seg) I am reside in the City and County of San Francisco. State of California and my business address is 1212 Broadway. Suite 1200, Oakland. CA. 94612. 1 am over the age of eighteen years and not a party to the within action. On July 30, 1990 1 served the foregoing document described as follows : CLAIM OF WALTER LEWIS on the interested parties in this action by: xx placing a true copy thereof enclosed in a sealed envelope with postage prepaid thereon. in the United States Mail . addressed as follows : State Board of Control City Clerk Government Claims Program Town of Danville P. O. Box 3035 510 1 a Gonda Sacramento. Ca. 9581:-3035 Danville. CA. City Clerk C : erk City of Dublin City of San Ramon 7051 Dublin Road "3i ! Dublin. CA. 2222 :amino :.arn-cr. zan =Bmcn. ec : are jnder zens !