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HomeMy WebLinkAboutMINUTES - 11271990 - 1.46 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA A 1/61 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 27, 1990 'and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ANDREWS, Javon (through Joyce Rice, guardian) 91EIVED ATTORNEY: Allan M. Tabor, Esq. NOV 05 1990 Ryan & Tabor Date received ADDRESS: 50 Francisco Street, Suite 122 BY DELIVERY TO CLERK ON October 26 1990 COUNTY COUNSEL • •• •,:-;, � LIF, San Francisco, CA 94133 P370 242 488 BY MAIL POSTMARKED: October 25, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH g DATED October 30, 1990 BTIL Deputy OR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Su 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: go BY: I✓ 0 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:— NOV 27 1950 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code se"n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy.of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 4 �yUU BY,: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator ' I RYAN & TABOR 50 Francisco Street, Suite 122 2 San Francisco, CA 94133 3 ( 415) 981-2010 RECEIVED Attorneys for Claimant 4 -OCT 2 6 1990 5 CLERK BOARD OF SUPERVIS CONTRA COSTA CO. 6 7 8 9 CLAIM 10 11 JAVON ANDREWS, a minor, No. by her mother and natural 12 guardian, JOYCE RICE, 13 Claimant, 14 vs. 15 MARITIME DAYCARE CENTER, RICHMOND UNIFIED SCHOOL 16 DISTRICT, COUNTY OF CONTRA COSTA and THE STATE OF 17 CALIFORNIA AND CITY OF RICHMOND, 18 Respondents. 19 20 A. Javon Andrews, a minor, and her mother and natural 21 guardian , Joyce Rice , live at 1524 Pennsylvania Avenue , Richmond, 22 California . 23 . B. All legal notices and other correspondence are to be 24 directed to Allan M. Tabor, Esq. , Ryan & Tabor, 50 Francisco 25 Street, Suite 122, San Francisco, CA 94133, telephone ( 415) 981- 26 2010 . 27 C. On August 24, 1990, Javon Andrews was in the care , 28 custody and control Maritime Daycare Center of 1014 Florida RYAN A TABOR ATTIIIIT/AT tAW f1 FIAICIIC111,101Tt R 111 IAN FIAICIICO.CA 11111 141/1 111-2111 • 1 Avenue , City of Richmond, County of Contra Costa , State of 2 California . 3 D. On or about August 24, 1990 , at sometime in the morning, 4 respondents took all of the children, approximately 60 of them, 5 to the Martin Luther King Park on Cutting and 12th Street in the 6 City of Richmond, County of Contra Costa, State of California . 7 At said time and place Javon Andrews was playing unsupervised on the Jungle Gym. She fell approximately six feet, fracturing her 9 right arm. Respondents were negligent in the supervision of the 10 children , negligent in allowing them to play at such a young age 11 on Jungle Gyms that exceeded three feet in height, proximately 12 causing the hereinafter described injuries to the claimant. 13 F. Javon Andrews suffered a fracture to the right arm. 14 G. Names of public employees responsible for this 15 negligence of respondents is unknown . H. Jurisdiction of this case rest properly in the Superior 16 Court. 17 DATED: RYAN & TABOR 18 19 BY ALLAN M. TABOR 20 21 22 23 24 25 26 27 28 RYAN A TABOR ATTIIIETS AT LAW II FIAICIICI IL.SUITE f11tt SAI FIA11190,CA 11111 (111)111•t110 a � N NW R' O N H .�.)\�•N W W U N U � s N © v! r �c W No 0 W N oa wI 00 �U Yr CC J N p� #d Q ~ O rNN� N in 2�z° �6 LL cr N 1 RYAN & TABOR 50 Francisco Street, Suite 122 2 San Francisco, CA 94133 ( 415) 981-2010 3 Attorneys for Claimant RECEIVED 4 ✓t i4 P.O. 6 br 5 OCT 2 9 1990 6 CLERK BOARD OF SUPER CONTRA COSTA C 7 8 9 CLAIM 10 11 JAVON ANDREWS, a minor, No. by her mother and natural 12 guardian, JOYCE RICE, 13 Claimant, 14 VS . 15 MARITIME DAYCARE CENTER, RICHMOND UNIFIED SCHOOL 16 DISTRICT, COUNTY OF CONTRA COSTA and THE STATE OF 17 CALIFORNIA AND CITY OF RICHMOND, 18 Respondents . 19 20 A. Javon Andrews, a minor, and her mother and natural 21 guardian , Joyce Rice , live at 1524 Pennsylvania Avenue , Richmond, 22 California . 23 B. All legal notices and other correspondence are to be 24 directed to Allan M. Tabor, Esq. , Ryan & Tabor, 50 Francisco 25 Street, Suite 122 , San Francisco, CA 94133, telephone ( 415) 981- 26 2010 . 27 C. On August 24, 1990, Javon Andrews was in the care, 28 custody and control Maritime Daycare Center of 1014 Florida RYAN A TABOR 0TTOIIETS 0T LAW 01 FIAICIICO It.SUITE N ISI 101 FIAICISCO.CII 14133 (116)ISI-SO10 t 1 I Avenue, City of Richmond, County of Contra Costa , State of 2 California . 3 D. On or about August 24, 1990 , at sometime in the morning, 4 respondents took all of the children, approximately 60 of them, 5 to the Martin Luther King Park on Cutting and 12th Street in the 6 City of Richmond, County of Contra Costa, State of California . 7 At said time and place Javon Andrews was playing unsupervised on 8 the Jungle Gym. She fell approximately six feet, fracturing her 9 right arm. Respondents were negligent in the supervision of the 10 children, negligent in allowing them to play at such a young age 11 on Jungle Gyms that exceeded three feet in height, proximately 12 causing the hereinafter described injuries to the claimant. 13 F. Javon Andrews suffered a fracture to the right arm. 14 G. Names of public employees responsible for this 15 negligence of respondents is unknown. 16 H. Jurisdiction of this case rest properly in the Superior Court. 17 DATED: RYAN & TABOR 18 19 BY ALLAN M. TABOR 20 21 22 23 24 25 26 27 28 RYAN A TABOR ATTOS/ETI AT LAI EI FIAOCIICI/L,SUITE .It! SAN FIAICISCI,CA 0... (111)111.2110 CLAIM BOARD OF SUPERVISORS OF-CONTRA COSTA COUNTY, CALIFORNIA y� Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 27, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $25,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DESPAS, Dale RECEIVED NOV 05 1990 ATTORNEY: Paul M. Curry, Esq. 1401 Lakeside Drive, Suite 700 Date received COUNTY COUNSEL ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON October 29, 1990 MARTINEZ, CALIF. Cert. P915 783 963 BY MAIL POSTMARKED: October 26, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 30, 1990 EaIL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Su sors —'(,4 ) 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' BY: �. /J. Deputy County Counsel -'T-T 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: N 0 V 27 19910 PHIL BATCHELOR, Clerk, B , Deputy Clerk WARNING (Gov. code sec 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 4 1990 BY: PHIL BATCHELOR byE�LDeputy Clerk CC: County Counsel County Administrator " RECEIVED OCT 2 91990 CLAIM AGAINST CONTRA COSTA COUNTY CLERK BOARD OF SUPERVISORS CLAIMANT'S NAME: Dale Despas CONTRA COSTA CO. CLAIMANT'S ADDRESS: 24615 Leona Drive Telephone (415) 452-1608 Hayward, CA 94542 (Attorney) AMOUNT .OF CLAIM: $25, 000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: PAUL M. CURRY 1401 Lakeside Drive Suite 700 Oakland, CA 94612 DATE OF INCIDENT: June 9, 1990 LOCATION OF INCIDENT: Claimant's residence at 24615 Leona Drive, Hayward, CA HOW DID INCIDENT OCCUR: Plaintiff was negligently and erroneously arrested by Hayward Police Department officers on a $5, 000. 00 bench warrant that had been recalled on May 17, 1990 by Magistrate Eaton in Walnut Creek Municipal case number 78152-6. Said warrant had not been removed from the PIN or other computer system through the negligence of Contra Costa County and/or City of Walnut Creek agents or employees. Claimant spent in excess of thirteen hours in jail until released on her own recognizance by Judge Van Voorhis. DESCRIBED INJURY OR DAMAGE: Severe emotional distress; other injuries presently unknown. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at this time. ITEMIZATION OF CLAIM: General Damages $ Unknown Special Damages $ Unknown TOTAL $ 25, 000. 00 Signed by or on behalf of Claimant vv4 Dated: i W, PAUL M. URRY Attorne for Dale Despas CLAIM o " 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 NOVEMBER 27, 1990 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $55.00 Section 913 and 915.4. Please note all "Warnings". RECEIVE® 'CLAIMANT: DIAS, Paul S. 57 Kasson Road NOV 05 1990 ATTORNEY: Tracy, CA 95376 Date received COUNTY COUNSEL ADDRESS: BY DELIVERY TO CLERK ON October 23, 1990M gTP'cTKsftfiEtal) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 30, 1990 JAIL BAATTCHELOR. Clerk ty ll. FROM: County Counsel TO: Clerk of the Board of Sup 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 right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 19p BY: I S. 6 Deputy County Counsel U Xi 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. cc�1 Dated:N V 2 r 19aU PHIL BATCHELOR, Clerk, 6 . Deputy Clerk WARNING (Gov. code sec ion 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I ,declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimanti as shown above. Dated: DEC 4 18610 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator C,�;AIM'TO: BOARD OF SUPERVISORS OF CONTRA CONS fF0 Yappiication to: l Instructions to ClaimantC'erk of the Board P.O.Box 911 Martinez,Caiifomia94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is 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 end of-this form. RE: Cla by )Reserved for Clerk's filing stamps 5b,O�v �A-SSOg e I X5316 i RECEIVED Against the COUNTY OF CONTRA COSTA) MT2 3 00 or Ah'1�!r'i�z. DISTRICT) VIS (Fill in name ) CONMACOSTACO The undersigned claimant hereby makes claim against the Co of Contra Costa or the above-named District in the sum of $ SS,00 and in support of this claim represents as follows: 1. When did the damage or injury occur?- (Give exact mate and hourT 27 WF,er aidrthe damage or injury occur? (Include city and county) /rl C.6 Ak jrQ (04'_01 6r L,/'l 3. How did the dam J9 or injury occur? (Give uli detaiis use extra sheets if required) 16A �- (Xle, / ,,I npe� 4. What particular act or omission on the parr of county or di;rict officers, servants or employees caused the injury or damage? vvl6 a ee_ _s (coe-eA (over) l >'? CONTRA COSTA :NTION FACILITY s11 J��OTHI RECEIPT LJI -- DATE .:,.06/26/90196282 -TIME X758 FACILITY ,; .MDF NAME (L,rM).'"°DIAS PAUL STEVEN,'• �ws'", D.O.B.. BOOKING NBR 90016540) - .:tai + YY _'_':f •:Y � J PANTS/ COAT/JACKET � u , SHOE 00 S � tt [ SHORTS/PA �T-SHIRT/BRA SOCKS/td'ft9P1§ :w HAT/PURSE Jr k SWEATER/SWT SHIRT N,.. .np4��.j11 ,� J,.. fr•h`'}� agcy , t `4�a+� �`t`.et4. 'Ky .. —. _ � i.' ,},,r 7 .4 1 .fl rty t X �: t9 r!• � 5 J S •__, OTHER VNrfdtit.: _ BKG OFC: t T� .ss•INMATE 51 TORE y��,µq�•.� 7 � rF&+., r.ta :.� J'- 1"; A1.�r"��I,T°�r1•s`.: fr`+'J'rF;;,.,.�,..;'�X�.7Ju*. - ;TR ti>,ri» ni7` a` 's• _t'r:; DATEp� ,' �° y f HAVE RECEIVED A_ LL OF MY , ! ' 1 9 '-ice .-•� `'�„�, ��,���� LOTH I G r REL OFC N r ' ! =.. CO TRA COST_A DETENTION_FACILITY ROP T RECEIPT C + j X > r ` D, DATE 06/26/90 REC `196282 TIME: '. .'"1758` �""' FACILITY MDF TI t�. NAME: `"`DIAS PAUL ` STEVE1tl D.O.B.: N. BOOKING NBR: 9 0 016 540 J BI ITEM UNDER COUNTER: Y .`OR N " J CASH: $ - rf JEWELRY {r N -.xa- , "' " "" _. DESC y a v z { 4 r tC Ptd' WATCH. N DESC ! ! LIGHTER: r /'0 �r�� �;t k ryrz a Er`r - - _ WALLET%PURSE ` N t ' Wz( 'rt� ry ' 'F :KEYS +J# {�z'Ar+ SCI�•�.4 f,t H�•r ^s»ry.t.,�• ,.��.:.; GLASSES N 1 KNIFE OTHER. : NO MONEY } '»•-��:' ` - M NO PROPERTY r Ori rJ t ... w r'ar ♦p 4 4�.F +yl t 4r irF S1 i�,� d ° 'i rvsi J •x' - ,Y+ q�/,�. r .'�� ti... � r+r� �y F ! . ;.:H 'a�j 7 ".•l �t 5t � } �' f 4i 1.� r � '� q��,�*'�' BKG OFC _ -F r r !r •+� JF .��^lt Jr y112 a ' DATE t ,� 3`F,-, ;sem F• Y � t t ti + ,� � I HAVE RECEIVED ALL'�OF Y E L O P RSONA i t PR PETTY REL • C � ; n V ..s�, drx ,rx r.. .x�MnrE SICN�i j�u * INCIDEN PORT CONTRA COSTA COON YYSHERIFF'S DEPARTMENT ) INCIDENT INCIDENT: / rr-tS5w �GC�� FACILITY:_ REPORT #: - 113 � DATE/TIME . 2s i � DATE/TIME LOCATION: t\r�pc RFS"F�'cs2 �,{r p�� OCCURRED:- S REPORTED: HOUSING INMATE: 60C , BOOKING #: QZ> 165LA'O.s ASSIGNMENT: Last First Middle WITNESS(ES) -- LIST -- Name*- Address If an inmate; give booking #: SYNOPSIS 'n'�r�S�-tr�� (� r�c�-c'S �:� ti•.,}�: c„��{?c. f' T� Lc��f�-ti�. H- S _ cCi NARRATIVE:' "7 Ll P C3 c CC �C) c Lz)^i !Fir){�r t �'c �"� til a=1 t c c� �t�-c�-� (���-�-r F;Zx �.f-- t�NCN G l T1 t r S-ri C a" CS ` Qo NAJ �Lc.aF�&3t�. ACTION _TAKEN/RECOMMENDED: r lr g 3 S ..,,: 72 REPORTING EMPLOYEE # SUPERVISOR # OPERATIONS DIRECTOR O.D.' ROUTING INSTRUCTIONS: White -to Facility Manager - Yellow to .Booking File.-- Goldenrod to mate B Pink to Lineup Board Pdge On - Of t ` }" Rev. 3/8 �..__. CLAIM ���,� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY., CALIFORNIA yw Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 27 , 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph -IV below), given pursuant to Government Code Amount: $ 220 . 00 Section 913 and 915.4. Please note all -War ni0'1VE® CLAIMANT: KING, Danny Dale OCT �99� 667 - 5th Street ATTORNEY: Richmond, CA 94801 courrry couNsEt Date received MARTINEZ, CALIF, ADDRESS,: BY DELIVERY TO CLERK ON October 19 , 1990 BY MAIL POSTMARKED: October 18 , 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 23 , 1990 JyIL �eP�tyLOR, Clerk I1_. FROM: County Counsel TO: Clerk of the Board of S6perefsors (� ) 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: 10 12 3 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. BO7RD ORD : 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: N O V 27 1990 PHIL BATCHELOR, Clerk, By _ , Deputy Clerk WARNING (Gov. code sec 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 4 �9Ju BY: PHIL. BATCHELOR b Deputy Clerk 17 CC: County Counsel County Administrator ' LOST PROPERTY CLAIM Return original application to: Clerk of the Board PO Box 911 Martinez, CA 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later thane the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of ' the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at it's office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If clam 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 - Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward, or village board of officer, authorized to allow or pay the same if genuine, any false of fradulent claim, bill, account, voucher, or writing, is guilty of a felony. " J.wJ J J•J- .J ' 4J..L J_ ..J JiC�`i"n iC�J:J..4 J.J J J. .J.J.JM„J 4�..1 J..^4 J�.1.J. V 4J.r.n J J n J..L� � V � � RE: Claim By Reserved for Clerk's..filing stamps RECEIVED o no boo zt:,IQl 3 QCT 1 91990 Against the COUNTY OF CONTRA COSTA - i CLERK BOARD OF SUPERVI or C��,0 DISTRICT- CONTRA COSTA CO. (Fill in name) , The undersigned claimant hereby makes claim against the 'Count.y of ntra. Costa or - the above-named District in the sum of $ and in support of this claim re- presents as follows: _ 1. When did the damage or injury occur? (Give exact date and hour) AA 8 A _ 2. Where did the damage or injury occur: (Include city an county.) 3. How did tae damala or injuryccu�Give full details: use extra sheets if required.) A0 e, bc6b s 'r 4. What p rtic lar Act or omission on the part o county or district officers, servants, or employees caused the injury or damage? - over - fir.” bo CLAIM /1961 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 NOVEMBER 27 , 1990 .and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". RECEIVED CLAIMANT: '.,.,.REED , Jerriel OCT "23 1991 ATTORNEY: Edward W. Heffner, Jr . COUNTY COUNSa Habbas , Amendola & Heffner Date received MARTINEZ. CALIF. _ ADDRESS: 122 Saratoga Ave . , Ste . 19 BY DELIVERY TO CLERK ON October 1811: 1990 (via Santa Clara, CA 95051 Housing Authority) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 23, 1990 IVIL DeputyLOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Super 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: IO 23 �{ BY: 1 J �. Deputy County Counsel 1_�J 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:—N OV 2 7 1990 PHIL BATCHELOR, Clerk, B _ , Deputy Clerk WARNING (Gov. code s 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: DEC 4 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ' NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Edwa W. Heffner, Jr. Habbas, endola & Heffner 122 Saratog ve. , Ste. 19 Santa Clara, C 5051 Re: Claim of JERRIEL REED 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. 6 . The claim is not signed by the claimant or by some person on his behalf. 7 : Other: VICTOR J. WESTMAN, County Counsel By. Q U L A Deputyo my Counse CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. S§ 641, 664) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non. Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail)-, which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: \�,��,�\4�b , at Martinez, California. cc: Clerk of the Board of Supervisors (or' inal Risk Management NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910 910 .2 920 .4 910 .8 LAW OFFICES OF ` Ha66as, Amenkla IS,-, Heffner VV ATTORNEYS AND COUNSELORS AT LAW SACRAMENTO OFFICE 122 Saratoga Ave.,Suite 19 1300 Ethan Way,Suite 600 Santa Clara,CA 95051 Sacramento.California 95825 Telephone(916)924.8787 Telephone(408)984-8787 Telecopier(918)924-8797 Telecopier(408)984-8792 WALNUT CREEK OFFICE Telex No.330012 OAKLAND OFFICE 1990 North California Blvd.,Suite 830 100 Hegenberger Rd,Suite 210 Walnut Creek,California 94596 Reply To: Santa Clara Oakland,California 94621 Telephone(415)934-8787 Telephone(415)568.8787 Telecopier(415)932.8616 Telecopier(415)568-7644 MOF October 16, 1990 CLE CONTRA COSTA CO. HOUSING AUTHORITY OF CONTRA COSTA COUNTY 3133 Estudillo Street P .O. Box 2759 Martinez, CA 94553 ATTN: RICHARD MARTINEZ CITY CLAIM CLAIMANT' S NAME : JERRIEL REED AMOUNT OF CLAIM: Undetermined at this time ADDRESS TO WHICH 122 Saratoga Avenue, #19 NOTICE IS TO BE SENT: Santa Clara, CA 95051 DATE OF ACCIDENT: There is not a single specific date for this claim. The claimant has lead poisoning due to being exposed over a period of time to the lead paint used in the Contra Costa County dwellings set forth below. The exposure to the lead paint began on or about November 16, 1988 and continued through approximately November 1, 1989 . The plaintiff ' s guardian was informed of the claimant ' s toxic exposure to a lead compound by notice from the Department of Health Services on September 8, 1990 . LOCATION OF ACCIDENT: Claimant is informed and believes that two separate residences owned, maintained, operated and controlled by HOUSING AUTHORITY OF CONTRA COSTA COUNTY October 16, 1990 Page 2 Contra Costa Housing Authority in which the claimant resided contained toxic lead compounds : 1) 49 Treatro Avenue, Pittsburg, California 94565 2) 105 Corte Linda, Pittsburg, California 94565 Occurrence : The claimant began to experience vomiting, headaches, sleeplessness, change in skin color and fevers in approximately March of 1989 . Claimant is informed and believes that the above-described symptoms are a result of exposure to toxic lead compounds contained within the paint used in the above-described premises . DESCRIPTION OF INJURIES : Lead poisoning with the symptoms described above . PROPERTY DAMAGE : None MEDICAL TO DATE : Undetermined at this time GENERAL DAMAGES : Undetermined at this time TOTAL DAMAGES : undetermined at this time DATE : /, W✓ 1 EDWARD W. HEFFNrnttff J'4. Attorney for P 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 NOVEMBER 27, 1990 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SAFEWAY STORES, INC . (Gurtha McInnis , et al) OCT N 3 1991 ATTORNEY: Jolie Krakauer, Esq . COUNTYcoUNSE, Martin, Ryan & Andrada Date received MARTINEZ ce[, ADDRESS: Ordway Building , Ste . 2275 BY DELIVERY TO CLERK ON October 19 , 1990 (Fedxp) One Kaiser Plaza Oakland, CA 94612 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHH BATCHELOR, DATED: October 23 , 1990 B1jl Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors _"IN, ) 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: 10 l 3 BY: /J Deputy County Counsel U_ + III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: N 0 V 2 7 1991 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: D E C 4 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator * LAW OFFICES OF MARTIN, RYAN & ANDRADA GERALD P. MARTIN,JR, A PROFESSIONAL CORPORATION JOSEPH D.RYAN ORDWAY BUILDING,SUITE 2275 J. RANDALL ANDRADA JOLIE KRAKAUER ONE KAISER PLAZA JILL J.LIFTER OAKLAND,CALIFORNIA 94612 KEITH I.CHRESTIONSON TPLEPHONE:(415)763-6510 GLENN GOULD ALISON (LEEN SCOTT FAX:(415)763-3921 RECOMD JULIE ANN CANDOLI 7�6�4'jl DAVID IAN HOODEILEEN LARKIN 1990 CLERK 60ARD OF SUPERVISORS CONTRA COSTA CO. October 18, 1990 FEDERAL EXPRESS MAIL TRANSMITTAL NEMO TO: Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 SUBJECT: SAFEWAY FIRE Gurtha McInnis, et al. v. Safeway Stores, Inc. Our File No: S 831 ENCLOSURES: Original and a copy of a claim against Contra Costa County Health Department and a return envelope. REQUESTED ACTION: Please stamp the copy received and return the copy to this office in the envelope provided. YOUR COURTESY IS APPRECIATED Yours very truly MARTIN, RYAN & ANDRADA i ByF"-/-A 1 Nancy Farda sh, Secretary to JOLIE KRAK R MARTIN, RYAN & ANDRADA A Professional Corporation Ordway Building, Suite 2275 RECEIVE® One Kaiser Plaza Oakland, CA 94612 (415) 763-6510 OCT 1 91990 Attorneys for Claimant SAFEWAY STORES, INC. CLERKBOARDOFSUPERV CONTRA COSTA CO. CLAIM AGAINST CONTRA COSTA COUNTY HELATH DEPARTMENT TO: CLERK OF THE BOARD OF SUPERVISORS , 651 Pine Street, Room 106, Martinez, CA 94553: SAFEWAY STORES, INC. hereby makes a claim against the CONTRA COSTA COUNTY HEALTH DEPARTMENT and makes the following statement in support thereof: 1. Claimant' s post office address is: SAFEWAY STORES, INC. , 201 - 4th Street, Oakland, California 94607. 2. Notices concerning the claim should be sent to Gerald P. Martin, Jr . , Martin, Ryan & Andrada, One Kaiser Plaza, Suite 2275, Oakland, CA 94612. 3. The date and place of the occurrence giving rise to this claim are as follows: On or about April 20, 1990 SAFEWAY STORES , INC. was served with a complaint captioned Gurtha McInnis as Guardian ad Litem for Adrian Overstreet, et al. v. Safeway Stores, Inc. , et al. (Case No. 664098-1) The action was filed in the Superior Court of California, County of Alameda. 4. The circumstances giving rise to liability are as follows: SAFEWAY STORES , INC. owned and operated a distribution center warehouse at 2900 Hoffman Boulevard, City of Richmond, County of Contra Costa, State of California. On July 11, 1988 , there was a fire in the warehouse. The fire burned for a number of days. -1- The above-described lawsuit involves claims by plaintiffs for personal injury and property damage as a result of exposure to smoke from the July 11, 1988 fire at the Safeway distribution center warehouse in Richmond, California. Among other allegations, plaintiffs contend that the fire should have been extinguished immediately and that plaintiffs should have been evacuated. Safeway contends that the Contra Costa County Health Department was responsible for monitoring the air quality in the area of the fire, advising community residents with regard to air quality, evacuating the area if necessary, rendering advice to the Richmond Fire Department regarding the necessity for extinguishing the fire, and for issuing any health advisories necessitated by the fire. The Contra Costa County Health Department was also responsible for monitoring the presence of toxins, if any, and rendering health advisories, if any such advisories were necessary. As a result of the Contra Costa County Health Department' s failure to properly manage the Safeway fire and its aftermath, claimant contends that it is entitled to indemnity for the damages sought in the above-described complaints. 5. General Description of Injury, Damage or Loss Incurred: Claimant is entitled to equitable or partial indemnity from the Bay Area Air Quality Management District pursuant to Greyhound Lines, Inc. v. County of Santa Clara (1986) 187 Cal.App. 3d 480. The indemnity to which claimant is entitled extends not only to the complaint set forth above, but to any subsequent complaints or cross-complaints brought against claimant based on the above-described occurrences. 6. Jurisdiction over this claim would rest in Superior Court. 7. The names of the public employees causing claimant' s damages are unknown. 8. The amount of the claim and the basis for its computation have yet to be determined. DATED: MARTIN, RYAN & ANDRADA A Professional Corporation B� OLIE KRAKAUER -2- PROOF OF SERVICE BY MAIL - C.C.P. §91013a, 2015. 5 I , NANCY FARDANESH, certify that I am over the age of 18 years and not a party to the within action; that my business address is One Kaiser Plaza, Suite 2275, Oakland, California; and that on this date I placed a true copy of the foregoing document (s) entitled: CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT on the parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 XX (By Overnight Courier) I caused each envelope, with postage fully prepaid, to be sent by Federal Express (By Mail) I caused each envelope with postage fully prepaid to be placed for collection and mailing following the ordinary business practices of Martin, Ryan & Andrada. (By Hand) I caused each envelope to be delivered by hand to the offices listed above. (By Telecopy) I caused each document to be sent by Automatic Telecopier to the following number : I declare under penalty of perjury that the foregoing is true and correct. Executed on � , at Oakland, California. NANCY ARDANESH -3- 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 NOVEMBER 27 , 1990 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the' action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $158 . 7 0 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: WILLIAMS, Eugene P. O. Box 1504 ATTORNEY: Pittsburg, CA 94565 Date received ADDRESS: BY DELIVERY TO CLERK ON October 31, 1990 BY MAIL POSTMARKED: October 30 , 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p BATCHELOR, DATED: November 2 , 1990 Brill Clerk II. FROM: County Counsel TO: Clerk of the Board of S4pev4isors 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: II r-. BY: I� /✓� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (V1This 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: N 0 V 2 7 199U PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code se n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: DEC 4 199 0 BY: PHIL BATCHELOR by Deputy Clerk 10, CC: County Counsel County Administrator LOST PROPERTY CLAIM Return original application to: Clerk of the Board PO Box 911 Martinez, CA 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than - the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action, (Sec. 911,2, Govt, Code) B. Claims must be filed with the Clerk of the Board of Supervisors at it's office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If clam 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 - Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward, or village board of officer, authorized to allow or pay the same if genuine, any false of fradulent claim, bill, account, voucher, or writing, is g6ilty of a felony. " _ RE: Claim By Reserved for Clerk's:-filing stamps RECEIVED Against the COUNTY OF CONTRA COSTA' RK or CLED OF SUPEDISTRICT Fi?RAtx1StAC�1. (Fill in naive) The undersigned claimant.;hereby makes claim against the C'ounty,of Contra. Costa or the above-named District in' the sum of $Bsupport of this claim re and �n presents as follows: 1. When did the.damage or .injiiry' occur? (Give exact. date and hour) 2, tdh�ere, did the damage or /injury occur: (Include city and county.) 3. How did the dama;e or injury occur? (Give full details: use extra sheets if required.) o 3 jYJ��g's. C3��l�c�3" E�Sr OJO �e N ;` ZY' �'r! 11 E' Yc a � 7 ��� ✓' fi r 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 3 o �h2 1 Q - over - _ :. . A 5'4 AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT NOVEMBER 27, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Goveremilmop Amount: Undetermined Section 913 and 915.4. : Please note all "Warnings" CLAIMANT: LEAVY, Anita NOV 16 1990 481 Oak Mesa Place COUNTY COUNSEL. ATTORNEY: Santa Rosa, CA 95405 MARTINEZ, CALIF. Date received ADDRESS: BY DELIVERY TO CLERK ON November 16, 1990 BY MAIL POSTMARKED: November 15, 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 16, 1990 PpHHIL BATCHELOR, Clerk BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of rvisors (�) 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: /7 BY: `" Deputy County Counsel III. FROM: Clerk of the Board TO: County Cou,ns'el (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: N 0 V 2 7 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code son 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: D E C 4 1900 BY: PHIL BATCHELOR Deputy Clerk CC: County Counsel County Administrator ANITA LEAW 481 Oak desa Place Santa Rosa, CA 9540��"� November 10, 1990 Contra Costa County-Counsel C013V Victor J. Westman, County Counsel R . Administration Building RECEIVE ' P. O. Box 69 Martinez, CA 94553 I RE: 200 Canon Drive, Orinda NOV 16 Assessors Parcel ,264-120-015 CLERK 60AROOF Ladies/Gentlemen: CONTRA In response to your "Notice of Insufficiency" dated November 6, 1990, paragraph 2 of my letter of October 16, 1990 states either or both the County .of Contra Costa and the City of Orinda are responsible. A claim, if pursued, will exceed $10, 000 as would be expected from the problems described. I would like to take this opportunity to reiterate that the extent of any claim will depend largely on construction delays and associated costs that may occur stemming from the problems described in my October 16, 1990 letter. The additional work on my project that was caused by .poor road construction, sidehill dumping of soil and asphalt, and adverse public drainage, has caused extra construction expenses but more importantly, potential for additional and very expensive delays and associated costs. Ironically, the conditions caused by the County and/or City have apparently triggered new or retroactive building requirements which are restrictive, expensive, and time consuming to comply with. " Many of the present requirements were not in effect when my project was originally approved, and rotation of County and City building personnel and Planning Commission members, and their own arbitrary preferences and prejudices have created additional confusion and conflicts. As it now stands, past and present County and City requirements are in major conflict with each . other end. within: each entity, particularly within the City of Orinda such that compliance with everyone's requirements and wishes may be impossible, which will result in massive cost overruns. If the conflicts created by new requirements and/or bureaucratic problems are not reasonably resolved, the situation will go further beyond my control and the claim may easily exceed $100, 000. If all the problems are resolved, particularly within the City of Orinda, no claim may be pursued. Very truly yours, I Anita Leavy cc: Contra Costa County-Supervisors, Nancy Fanden, Chair City of Orinda-Public Works, John E. Lisenko, Director --,-- VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL P.O. Box 69, Co. ADMIN. BLDG.. I \ MARTINEZ, CA 94555 ECEivED Nov # sum sops CO. . 4 I . i I �I 1' i ' / r f a 1 / 1 3 �© l ANITA LEAW - EIVED 481 Oak Mesa Place NOV 1 f; 1990 Santa Rosa, CA 9540 7 C :OUNTY COUNSEL November 10, 1990 J MARTINEZ. CALIF Contra Costa County-Counsel .�..... Victor J. Westman, County Counsel RECEtE� Administration Building V"4 c4i** P. O. Box 69 NOV 19 No Martinez, CA 94553 RE: 200 Canon Drive, Orinda SUPE CoA A VI O. Assessors Parcel 264-120-015 Ladies/Gentlemen: In response to your "Notice of Insufficiency" dated November 6, 1990, paragraph 2 of my letter of October 16, 1990 states either or both the County of Contra Costa and the City of Orinda are responsible. A claim, if pursued, will exceed $10, 000 as would be expected from the problems described. I would like to take this opportunity to reiterate,:.that the extent of any claim will depend largely on construction delays and associated costs that may occur stemming from the problems described in my October 16, 1990 letter. The. additional work on my project that was caused by poor road construction, sidehill dumping of soil and asphalt, and adverse public drainage, has caused extra construction expenses but more importantly, potentiaa..i for additional and rcry expensive -c - ..c�a17 and a associated costs. Ironically, the conditions caused by the County and/or City have apparently triggered new or retroactive building requirements which are restrictive, expensive, and time consuming to comply with. Many of the present requirements were not in effect when my project was originally approved, and rotation of County and City building personnel and Planning Commission members, and their own arbitrary preferences and prejudices have created additional confusion and conflicts. As it now stands, past and present County and City requirements are in major conflict with each other and within each entity, particularly within the City of Orinda such that compliance with everyone's requirements and wishes may be impossible, which will result in massive cost overruns. If the conflicts created by new requirements and/or bureaucratic problems are not reasonably resolved, the situation will go further beyond my control and the claim may easily exceed $100, 000. If all the problems are resolved, particularly within the City of Orinda, no claim may be pursued. Very truly yours_,, Anita Leavy cc: Contra Costa County-Supervisors, Nancy Fanden, Chair City of Orinda-Public Works, John E. Lisenko, Director 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 NOVEMBER 27, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: LEAVY, Anita 481 Oak Mesa Place ATTORNEY: Santa Rosa, CA 95409 Date received ADDRESS: BY DELIVERY TO CLERK ON October 19, 1990 Certifice P353-939-033 BY MAIL POSTMARKED: October 18, 19990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: November 5, 1990 BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of 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: t1 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 NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Ani. Leavy 481 Oa esa Place Santa Rosa, A 95409 Re: Claim of ANITA LE VY 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. x 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. x 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf. 7 . Other: VICTOR J. WESTMAN, County Counsel By: Deputy ounty Couns il CERTIFICATE OF SERVICE BY MAIL C.C.P. §9 1012, 1013a, 2015 .5; Evid. C. 99 641, 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: \�T P\ 0t � at Martinez, California. cc: Clerk of the Board of Supervisors (o ginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910. 8) Anita Leavy 481 Oak Mesa Place Santa Rosa, CA 95409 October 16, 1990 RECEIVED Contra Costa County-Supervisors r}' 353'9 y_ o 3 Nancy Fanden, Chair OCT 1 9 ow 651 Pine Street, Room 106 Martinez, CA 94553 CLERK BOARD OF SUWAVOM CONTRA COSTA CO. . City of Orinda-Public Works John E. Lisenko, Director 26 Orinda Way Orinda, CA 94563 RE: 200 Canon Drive, Orinda CERTIFIED MAIL Assessors Parcel 264-120-015 Ladies/Gentlemen: I am an owner of .the referenced property and am,`: acting on behalf of myself and another minority owner.. I presently.reside and can be noticed or otherwise contacted, if necessary, at the above Santa Rosa address. A h,:..«e for me is pre ertl.2 beir,•g •:ilt On t.;.e 4:1:C�=r��'.:y, and I am looking forward to living in the community. During November 1989, my contractor advised me that asphalt deposits were found deep in poor fills pushed over the side of the road and outside the right-of-way when the roadway was constructed and during successive surfacing and other road construction and maintenances. There is also drainage onto the property diverted by road culverts and pavements. It is my understanding that Canon Drive was a County road until 1985 and is now a City road, and one of these public agencies is responsible. The asphalt, unsuitable fill, and public drainage from the roadway required more expensive foundation and retaining wall construction to support the poor roadway, and subsequent delays and as yet costs of undetermined amount have occurred. I have been advised by design professionals and construction personnel that the extent of any claim will depend largely on construction delays and associated costs that may occur during the upcoming rainy season. The purpose of this correspondence is to give notice of a claim for damages, potentially monetary. I hope that any problems can be solved without acrimony and delay. Thank you for your understanding and cooperation. Very truly yours, Anita Leavy �` AMENDEDCLAIM A yep 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 NOVEMBER 27, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $200,000.00 Section 913 and 915.4. Please note all "WarningRACEIVED CLAIMANT: HESSLER, James and Eleonore NOV 16 1990 ATTORNEY: Mark V. Connolly, Esq. COUNTY COUNSEL P.O. Box 451MARTINEZ. CAUR Date received ADDRESS: Tracy, CA 95378-0451 BY DELIVERY TO CLERK ON November 15, 1990 (hand e. 1TeFre d) BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 16 1990 PpHHIL BATCHELOR, Clerk BY: Deputy II. X FROM: County Counsel TO: Clerk of the Board of Sup ors ) This claim complies substantially with Sections 910 and 910.2. C 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: /w 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: N O V 2 !ry 19u0 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec ion 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: D E C 4 190 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RE C f ED ENOV 1 5 M) CLERK BOAR0 OF SUPERVISORS CONTRA C CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: BOARD OF SUPERVISORS CENTRAL COSTA COSTA COUNTY OF CONTRA COSTA SANITARY DISTRICT 651 Pine 5019 Imhoff Place Martinez, CA 94553 Martinez, CA 94553-4392 JAMES HESSLER and ELEONORE HESSLER, hereby make claim against the County of Contra Costa and the Central Contra Costa Sanitary District for the sum of $200,000.00 and make the following statements in support of the claim: 1. Claimants' address is 18115 Bollinger Canyon Road, San Ramon, California. 2. Notices concerning the claim should be sent to CONNOLLY LAW OFFICE, P.O. Box 451, Tracy, California 95378-0451. 3 . The date and place of the occurrence giving rise to this claim are approximately May 1, 1990, at 18115 Bollinger Canyon Road, County of Contra Costa, State of California. 4. The circumstances giving rise to this claim are as follows: The County of Contra Costa and the Central Contra Costa Sanitation District has contaminated real property owned by Claimants. The contamination includes, but is not limited to, a ground water plume of tricholoethylene (TCE) and other volatile organic compounds as described in Exhibit A. The contaminant plume is presently situate under the Hessler property and is spreading into groundwater and real property owned by Claimants. The negligent actions of the County of Contra Costa and the Central Contra Costa Sanitation District in releasing the contamination was accomplished without the knowledge or consent of the Claimants and, further, constitute a continuing trespass and nuisance on the Hessler property. The County of Contra Costa and the Central. Costa Sanitation District are liable for all damages .and has continuing liability for all associated environmental harm: Claimants were informed of the contamination is still being evaluated by the County of Contra Costa and the Central Contra Costa Sanitation District. 5. Claimants' damages consist of damages of the contamination of soil, groundwater and other environmental harm. 6. The names of the public employees cuains the Claimants' damages are unknown at this time. 7. The claim of the Claimants, as of the date of this claim, is $200,000.00. 8. Other special damages are unknown at this time. DATED: October 24, 1990. CONNO�L/L�Y/ LAW OFFICE, BY• .MARK V. CONNOLLY Attorney for Claimants -Inalytical Repoi-i LOG N0: E90-09-464 Received: 24 SEP 90 Reported: 09 OCT 90 Mr. James L. Hessler Purchase Order: Paid in Full 18115 Bollinger Canyon Road San Ramon, California 94583 Project: Check 1 4561 $260 1WORT OF ANALYTICAL RESULTS Page 1 LOG ITU SAMPLE DESCRIPTION, GROUND WATER SAMPLES DATE SAMPLED ----------- --------------------------------------------------- --------------------- 09-464-1 Eessler Rd. 1 24 SEP 90 ----------- --------------------------------------------------- ---------- ---------- PARAKETER 09-464-1 ------------------------------ ---------- ---------- ---------- ---------- ---------- Halocarbons (EPA 601) Date Analyzed 10.01 .90 Confirmation Date 10.02.90 Dilution Factor, Times 1 1 , 1 , 1-Trichloroethane, ug/L «.5 1 , 1 ,2,2-Tetrachloroethane, ug/L <0.5 .1 ,1 ,2-Trichloroethane, ug/L <0.5 1 , 1-Dichloroethane, ug/L <0.5 1 , 1-Dichloroethene, ug/L <0.5 1 ,2-Dichloroethane, ug/L <0.5 1 ,2-Dichlorobenzene, ug/L <n.5 1 ,2-Dichloroethene (Total), ug/L <0.5 ,1 ,2-Dichloropropane, ug/L <0.5 1 ,3-Dichlorobenzene, ug/L <0.5 1 ,4-Dichlorobenzene, ug/1. «.5 2-Chloroethylvinylether, ug/L <0.5 Bromodichloromethane, ug/L <0.5 Bromomethane, ug/L <0.5 Bromoform, ug/L <0.5 Ci'lorobenzene, uF;/L <0.5 Caron Tetrachloride, ug/L <0.5 Chloroethane, ug/L <0.5 Chloroform, ug/L <().5 Chloromethane, ug/1, <0.5 Dibromuchloromethane, ug/L <0.5 Dichlorodifluoromethane, ug/L <;;.5 Frec,n 113, ug/L <0.5 ----------- ------------------- ---------- ---------- -------- -- ---------- ---------- 1r,r.•ririft: ( t 'J7r,'., - lir tI:. .;f:-ahl _ J/�� Lull � Y .a �: 1.A .rl.l:.u! , •� LOG NO: E90-09-464 Received: 24 SEP 90 Reported: 09 OCT 90 Mr. James L. Hessler Purchase Order: Paid in Full 18115 Bollinger Canyon Road San Ramon, 'California 94583 Project: Check P 4561 $260 REPORT OF ANALYTICAL RESULTS Page 2 LOG NO SAMPLE DESCRIPTION, GROUND WATER SAMPLES DATE SAMPLED ----------- --------------------------------------------------- --------------------- 09-464-1 Hessler Rd. 1 24 SEP 90 ----------- --------------------------------------------------- --------------------- PARAMETER 09-464-1 ------------------------------ ---------- ---------- ---------- ---------- ---------- Methylene chloride, ug/L <0.5 Trichloroethene, ug/L 1 .2 Trichlorofluoromethane, ug/L - <0.5 TEtrachloroethene, ug/L <0.5 Vinyl chloride, ug/L <0.5 cis-1 ,2-Dichloroethene, ug/L <0.5 cis-1 ,3-Dichloropropene, ug/L <0.5 trans-1,2-Dichloroethene, ug/L <0.5 trans-l ,3-Dichloroprbpene, ug/L <0.5 Vol.Aromatics (EPA-602) Date Analyzed 10.01 .90 Confirmation Date 10.02.90 Dilution Factor, Times 1 1 ,2-Dichlorobenzene, ug/L <0.5 1 ,3-Dichlorobenzene, ug/L <0.5 1 ,4-Dichlorobenzene, ug/L <0.5 Benzene, ug/L <0.5 Chlorobenzene, ug/i, <0.5 Ethylbenzer.e, ug/L <0.5 Toluene, ug/L <0.5 Total Xylene Isomers, ug/L <0.5 -------------- ---------------- ---------- ---------- ---------- ---------- ---------- Sim f). Les-.l.e;r, Pis.U. , Laboratory,"Director n ILA C 10) It W Art cr cc It cr to cc 0 z It C) E V) o m R12 MD ED 4 !� CLAIM AGAINST THE COUNTY OF CONTRA COSTA 7� TO: BOARD OF SUPERVISORS CENTRAL COSTA COSTA COUNTY OF CONTRA COSTA SANITARY DISTRICT 651 Pine 5019 Imhoff Place Martinez, CA 94553 Martinez, CA 94553-4392 JAMES HESSLER and ELEONORE HESSLER, hereby make claim against the County of Contra Costa and the Central Contra Costa Sanitary District for the sum of $200,000.00 and make the following statements in support of the claim: 1 . Claimants' address is 18115 Bollinger Canyon Road, San Ramon, California. 2. Notices concerning the claim should be sent to CONNOLLY LAW OFFICE, P.O. Box 451, Tracy, California 95378-0451. 3. The date and place of the occurrence giving rise to this claim are approximately May 1, 1990, at 18115 Bollinger Canyon Road, County of Contra Costa, State of California. 4. The circumstances giving rise to this claim are as follows: The County of Contra Costa and the Central Contra Costa Sanitation District has contaminated real property owned by Claimants. The contamination includes, but is not limited to, a ground water plume of tricholoethylene (TCE) and other volatile organic compounds as described in Exhibit A. The contaminant plume is presently situate under the Hessler property and is spreading into groundwater and real property owned by Claimants. The negligent actions of the County of Contra Costa and the 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 NOVEMBER 2,7 990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $200 , 000 . 00 Section 913 and 915.4. Please note all "Warnings" RECE'VE® CLAIMANT: HESSLER, James and Eleonore NOV 05 1990 ATTORNEY: Connolly Law Office COUNTY COUNSEL P. O. Box 451 Date received 'MARTINEZ, CALIF. ADDRESS: Tracy, CA 95378-0451 BY DELIVERY TO CLERK ON October 3Q 1QgQ Chnnrl delivered) BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Q Bg DATED: r November 2 , 1990 ggiL Depuiy OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of SVpPsWisors ( ) 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: Is 19(,' _ BY: I �, Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 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 NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Con ly Law Office P.O. Bo 451 Tracy, CA 378-0451 Re: Claim of JAMES �ELEONORE HESSLER 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. 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 By:_ ,� 7 Deputy C unty Couns CERTIFICATE OF SERVICE BY MAIL C.C.P. 59 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:- , at Martinez, California. cc: Clerk of the Board of Supervisors (Aor Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 . 8) RECEIVED OCT 3 0 X90 3:/4 'V. rn CLERK BOARD OF SUPERVISORS CONTRA CO TA CO. CLAIM AGAINST THE COUNTY OF CONTRA COSTA AND CENTRAL CONTRA COSTA SANITARY DISTRICT TO: BOARD OF SUPERVISORS CENTRAL CONTRA COSTA COUNTY OF CONTRA COSTA SANITARY DISTRICT 651 Pine 5019 Imhoff Place Martinez, CA 94553 Martinez, CA 94553-4392 JAMES HESSLER and ELEONORE HESSLER, hereby make claim against the County of Contra Costa and the Central Contra Costa Sanitary District for the sum of $200,000.00 and make the following statements in support of the claim: 1. Claimants' address is 18115 Bollinger Canyon Road, San Ramon, California. 2. Notices concerning the claim should be sent to CONNOLLY LAW OFFICE, P.O. Box 451, Tracy, California 95378-0451.. 3 . The date and place of the occurrence giving rise to this claim are approximately May 1, 1990, at 18115 Bollinger Canyon Road, County of Contra Costa, State of California. 4. The circumstances giving rise to this claim are as follows: The County of Contra Costa and the Central Contra Costa Sanitation District has contaminated real property owned by Claimants. The contamination includes, but is not limited to, a ground water plume of tricholoethylene (TCE) and other volatile organic compounds as described in Exhibit A. The contaminant plume is presently situate under the Hessler property and is spreading into groundwater and real property owned by Claimants. i 1 The negligent actions of the County of Contra Costa and the Central Contra Costa Sanitation District in releasing the contamination was accomplished without the knowledge or consent of the Claimants and, further, constitute a continuing trespass and nuisance on the Hessler property. The County of Contra Costa and the Central Costa Sanitation District are liable for all damages and has continuing liability for all associated environmental harm. Claimants were informed of the contamination is still being evaluated by the County of Contra Costa and the Central Contra Costa Sanitation District. 5. Claimants' damages consist of damages of the contamination of soil, groundwater and other environmental harm. 6. The names of the public employees causing the Claimants' damages are unknown at this time. 7. The claim of the Claimants, as of the date of this claim, is $200,000.00. 8. Other special damages are unknown at this time. DATED: October 24, 1990. CONNOLLY LAW OFFICE, BY•. MARK V. CONNOLLY MARK V. CONNOLLY Attorney for Claimants