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HomeMy WebLinkAboutMINUTES - 02121991 - 1.21 ✓� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 12.,1 1991 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: $365.00 Section 913 and 915.4. Please note all "Warn"(961\/10 CLAIMANT: DE MARS, Eddie L. JAN 14 1931 2990 Dam Road #5 ATTORNEY: San Pablo, CA 94806 COUNTY COUNSEL Date received MARTINEZ, CALIF. ADDRESS: BY DELIVERY TO CLERK ON January 10, 1991 (via P.O. Box) BY MAIL POSTMARKED: January 7, 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 14, 1991 EYIL �eTutELOR, Clerk P y 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: 1 / (�i ISI BY: I Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( his Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 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: f E B 1 3 X991 BY: PHIL BATCHELOR by Deputy Clerk 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 presbnted•not later than - the 100th, day after. the accrual ofthe 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 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 - Sec'tion 72*of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward, or village board or' officer, authorized to allow or pay the same if genuine, any false of fradulent claim, bill, account, voucher, or writing, is guilty of a felony. " LL J L • - .'�.iC.JC:�:�f iC�••k�'iC�GjC•k7G J.J.4J J.J J.J.J.J. J.J..4 J.J J- J-J.J.J.J 4J,.�C�••k iC iL•krvi '•Sf' 4i��� J J ^ J.J.�n \A�/.�TT�i�niFn iC ...c...c...r........Jc.......,.c9c..�.........c:, c:, k�. J.c.c::.cic�;ic�'c::� 4cJ.c.. RE: Claim By Reserved for C1erk'5:.filing stamps fivu , RE�CEi�E® _ JAN 101991 Against the COUNTY OF CONTRA COSTA oe'l&q. 01 + C(FRK BOARD OF SUPERVISORS �+r DISTRICT` CONTRA COSTA 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 $ 9 and .in support of this claim re- presents as -follows: _ 1. When. did the damage,or injury occur? (Give:.exact. date and hour) 20 - - 4 P 2. Where did the damage or injury occur:r: (Include ci anted coupty.) 3. How d1 t e dam `fS5 S. e x� 1 deta'is; se extra 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 or county or district-.officers , servants, or employee's causing the damage or injury?. 6. What damage .or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE IT D- AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant or by some person on his behalf." SEND NOTICES TO (Attorney) . Name and Address of Attorney Claimants.Signature Address Telephone,Number: Telephone Number: Yl -7- W- ,� - _ ae —Fcoj--1-3t��-J- -s s_- pa, 00 , �o lo o _ - U cF: i V 11 ILA4 �1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION 11 the Board of Supervisors, Routing Endorsements; ) NOTICE TO CLAIMANTFEBRUA2�YH�12; `7991p1 and Board Action. All Section references are to ) The copy of this document mailed to you is yourCnto�ti{ceOJNSEI California Government Codes. ) the action taken on your claim by the Board of hSUp'e,nmti,sor5p. (Paragraph IV below), given pursuant to Government Code Amount: $50,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ESCO ,ELEVATORS, INC. ATTORNEY: William E. Grayson, Esq. La Follette, Johnson, De Haas, Date received ADDRESS: and Fesler BY DELIVERY TO CLERK ON January 17, 1991 50 California St. , 35th Floor- San Francisco, CA 94111 BY MAIL POSTMARKED: January 16, 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: RYIL BATCHELOR, Clerk ,lanuary 18. 1991 eputy II. FROM: County Counsel 'T0: Clerk of the Board of Supervisors `(b) ) 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: 22 Irl I BY: �.• �. Deputy County Counsel XJ III. FROM: Clerk of the Board TO: ; County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 91L: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: a-j a-�J PHIL BATCHELOR, Clerk, B 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. FEBDated: r 1 3 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 Claim to: BOROF 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 Esco Elevatgrs ,Mcc�. ) RECEIVED Against the County of Contra Costa ) JAN 17 1991 or ) CLERK BOARD OF SUPERVISORS District) CONTRA COSTA 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 $ 50,000.00 and in support of this claim represents as follows:, ------------------------------------------------------------------------------------- 1 When did the damage or injury occur? (Give exact date aid [.viii^) M _____ a _ _ ___ __________ -------------------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) Contra Costa Counter CourthousesRichmond CR__________________________________ 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attached Addendum ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury .or damage? See attached Addendum (over) 5. What are the names of county or district officers, serv9s or employees causing the damage or injury? Unknown, discovery has just commenced.. ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Damages in an unknown amount for contribution and indemnity for plaintiff Bernetta Rand-Dunham's alleged injury to her left wrist, hand and thumb. -------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ------------------------------------------------------------------------------------- 8, Names and addresses of witnesses, doctors and hospitals. Discovery has only recently commenced. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT -1 g'4i Discovery haisi on'l'y-r behft ly commenced. Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some pqrson on his half." Name and Address of Attorney William E. Grayson, Esq. Claimant's S1 ture LA FOLLETTE, JOHNSON, DE HAAS .& FESLER 50 California Street, 35th Floor 50 California Street, 35th Floor Address San Francisco, CA. 94111 Sar: Francisco, CA 94111 Telephone No. 415 433-7610 I Telephone No. (415) 433-7610 * * * * * * W V W V V W V V V V V V V * * 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. , • 0 , ADDENDUM TO CLAIM 3 . How did the , damage or injury occur? (Give full details; use extra paper if required) Plaintiff Bernetta Rand-Dunham suffered personal injuries in an elevator accident at the Contra Costa County Courthouse on May 24 , 1989 . Plaintiff filed a complaint on May 9, 1990, naming Dover Elevator Company, American Elevator Company and Does 1 through 25. Esco Elevators Inc. has not been named as a defendant by the plaintiff, but was brought in this action by way of a cross-complaint filed by American Elevator. The cross-complaint was filed on November 21, 1990, and served upon Esco Elevators Inc. some time in early December, which was the first time Esco Elevator Inc. acquired knowledge of this action. Esco Elevators Inc. is mailing this tort claim pursuant to the requirements of Government Code Section 900, et see . within the six month period within which a claim must be brought against the County. 4 . What particular act or omission on the part of county or district officers, servants of employees caused the injury or damage? This is a claim for contribution and indemnity. Esco Elevators Inc. is a cross-defendant and cross-complainant in the action Bernetta Rand-Dunham v. Dover Elevator Company, et al . , Contra Costa County Superior Court, Case No. C 90-02096 . Esco Elevators Inc. denies cross-complainant ' s claims and any potential claims from the plaintiff and instead alleges that the County of Contra Costa as owner, operator and manager of the County Courthouse was negligent and therefore is expressly and impliedly equitably liable in indemnity, or as otherwise liable under the principles of contribution for plaintiff ' s damages, if any. 11382\tort.add LAW OFFICES LA FOLLETTE, JOHNSON, DE HAAS FESLER PROFESSIONAL CORPORATION LOS ANGELES OFFICE 50 CALIFORNIA STREET ORANGE COUNTY OFFICE 320 NORTH VERMONT AVENUE THIRTY-FIFTH FLOOR 2677 NORTH MAIN STREET P.O.BOX 74916 SUITE 901 LOS ANGELES,CALIFORNIA 90004 SAN FRANCISCO, CALIFORNIA 94111 SANTA ANA,CALIFORNIA 92701 TELEPHONE(213)666-3600 TELEPHONE(415)433-7610 TELEPHONE(714) 558-7008 FAX(213)666-2022 FAX(714)972-0379 FAX (415)392-7541 INLAND EMPIRE OFFICE 3403 TENTH STREET SUITE 820 Januar 16 1991 Y � RIVERSIDES CALIFORNIA 92501 NE(714 275-9192 RECLpty� Clerk of the Board of Supervisors JAN I County Administrative Building, Room 106 11991 651 Pine Street K BOAR CLE Martinez , California 94553 RCONrRAOFrU,"` n11t ') S Re: RAND-DUNHAM v. DOVER ELEVATOR, CO. , et al. Court Case No. C 90-02096 Our File No. 647 . 11382 Dear Clerk: Enclosed for filing, please find an original and one copy of the following document described as: CLAIM After filing, please return a filed, endorsed. copy to this office in the self-addressed, stamped envelope enclosed for your convenience. Should you have any questions concerning this matter, please contact the undersigned. Very truly yours, Sandra Rodger : sr Encs. 11382\c1m1.ltr 0 r to r y m z N L N0 D O o z = n m O �'' m 0 A D N I r :10 (A r m D P 0 0 D z z `i O0 --d Lo m -9Oiom N 0 Z A (Dro m zAm - > , O N < 1p N r , m i f la fT \J n 0) U1 0 F- "rt " F,. Fd rt X � r•�C a , ft N• � () ri J (D W (D N H 0 N Cd F'• ft (t 0 ri, n iv O n rs ct a F.,. a (D rt U F,•�U W c ' En r- co 0 LO -p 0a N 1i! CLAIM BOARD OF SUPERVISORS OF,-CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County., or District governed;by) BOARD ACTION the Board of Supervisors, Routing Endorsement's, ) NOTICE TO CLAIMANT FEBRUARY 12, 1991 and Board Action. A1.1 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: $400,000.00 Section 913 and 915.4. Please note all "Warni " CLAIMANT: . GRAHAM, Bessie M. JAN 14- 100-1 ATTORNEY: Daniel J. Sullivan A Professional Cor oration Date received COUNTY COUNSEL P MARTINEZ, Gl#I.IR ADDRESS: 2318 K- Street BY DELIVERY TO CLERK ON January 11, 1991 Sacramento, CA 95816 BY MAIL POSTMARKED: January ,10, 1991 i I. FROM: Clerk of the Board of Supervisors j TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Cler DATED: January .11, 1991 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: ) 15 Cjl BY: Deputy County Counsel III. FROM: Clerk of the BoardTO County Counsel (1) County Administrator (2) ( ) Claim was returned as untimelywith notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present i W) This Claim is rejected in full. ( ) Other: i I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: -91 HIL 'BATCHELOR, Clerk, B 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: FEB 13 1991 1 BY: PHIL BATCHELOR by ,�, _ Deputy Clerk CC: County Counsel County Administrator 1 DANIEL J. SULLIVAN A Professional Corporation 2 2318 K Street , _ Sacramento, California 95816 ' RECEIVED 3 Telephone: (916) 444.-9922 Facsimile: (916) 444-8405 4 State Bar I.D. No. 029064 JAN I I 1991 5 Attorney for Plaintiff CLERK 130ARD OF SUPERVI 6 CONTRA COSTA C . CY 7 8 9 10 BESSIE M. GRAHAM 11 vs. CLAIM FOR PERSONAL INJURIES 12 CONTRA COSTA COUNTY; _; 13 / 14 TO THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY: . 15 BESSIE M. GRAHAM hereby makes a claim against 16 1 CONTRA COSTA COUNTY for the sum of Four Hundred Thousand 17 ($400, 000. 00) Dollars and makes the following statements in 18 support of the claim: 19 1. Claimant's post office address is c/o Daniel 20 J. Sullivan, 2318 k Street, Sacramento, California 95816. 21 2 . Notices concerning the claim should be sent to 22 Daniel J. Sullivan, 2318 K Street, Sacramento, California 23 95816. 24 3 . The date and place of the occurrence giving 25 rise to this claim are November 19, 1990 at 3 : 15 p.m. on 26 State Route 4, 4/10ths . of a mile east of Sycamore Avenue in 27 Contra Costa County, California. 28 1 1 4. The circumstances giving rise to this claim 2 are as' follows: 3 At the above time and place, Claimant was 4 driving her automobile in a westerly direction on State Route 5 4 . , Claimant's vehicle was struck by a county vehicle, among G 6 other vehicles, due to the failure of the operator of the 7 county vehicle to exercise reasonable care in the operation 8 of the vehicle. 9 5. Claimant's injuries include a fracture of the 10 left 'angle; neck, right shoulder and left knee complaints, 11 said "complaints having not been diagnosed. 12 6. The name of the public employee causing the 13 Claimant's injury is Richard Lee Servantes. 14 7. My claim as of the date of' this claim is Four 15 Hundred Thousand ($400, 000. 00) Dollars. 16 8. The basis of computation of the above claim is 17 as follows: 18 Medical expenses incurred to date $ Unknown 19 Estimated future medical expenses Unknown 20 Loss' of. wages (estimated) 2, 150. 00 21 General Damages 397 , 850. 00 22 Total $400, 000. 00 23 Dated: January , 1991 DANIEL J. SULLIVAN 24 A Professional Corporation 25 26 DANIEL Jl. SULLIWAN 27 Attorney for C- aimant 28 2 1 Case No. Claim for .Personal Injuries 2 Title: Graham v. Contra Costa County, et al 3 PROOF OF SERVICE BY MAIL (C.C.P. 1,013a, 2015.5) 4 STATE OF CALIFORNIA ) ss 5 COUNTY OF SACRAMENTO ) 6 I am a citizen of the United States and a resident of Sacramento County. I am over` the age of eighteen 7 years and not a party to the within named action; my business address is 2318 K Street, Sacramento, California. 8 I am,.familiar with this Company's practice 9 whereby the mail, after being placed in a designated area, is given the appropriate postage and is deposited in a U. S. 10 mailbox in the City of Sacramento, California, after .the close of the day's business. 11 On January 10, 1991, I served the attached 12 documents 13 CLAIM FOR PERSONAL INJURIES 14 on all parties in the said action by placing a true copy 15 thereof enclosed in a sealed envelope in the designated area for outgoing mail addressed as set forth below: 16 Contra Costa County 17 Board of Supervisors 651 Pine Street, Suite 106 18 Martinez, CA 94553 19 I declare (or certify) ,under penalty of 20 perjury that the foregoing is true and correct. 21 Executed on January 10, 199 , at ac` amento, 22 , California. 23 24 Gae L. rd 25 26 27 28 1 - lk)- -A o 1p C) A, O cZ rn cl ONOQ 0 ul Pri , 0 k-h CZ0 C9 Do' CD (D (ID 0 ul 0 C� ul ON r. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .:Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 12, 1991 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 cf2 Sup'e'rvisors (Paragraph IV below), given pursuant to Government Code Amount: $565.00 Section 913 and 915.4. Please note all War Pr iS'5.'� CLAIMANT: HEMPSTEAD, Don COUNTY C©ur+5tr HEMPSTEAD, Wyona S. MApTiNEZ, CALF. ATTORNEY: 338 W. Bissell Richmond, CA 94801 Date received ADDRESS: BY DELIVERY TO CLERK ON January 15, 1991 BY MAIL POSTMARKED: January 14, 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 18, 199 EVIL BAATTCHELOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Sup visors 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 fi.led. 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: 22 BY: �„ �• k. Deputy County Counsel 0 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: i PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 3) 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 fn the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: FEB 13 199 BY ,PHIL BATCHELOR by Deputy Clerk op CC: County Counsel County;Administrator LOST PROPERTY CLAIM - Return original application to: Clerk of .th e 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 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 - Section 72•of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward_, or village board or officer, authorized to allow or pay the same if genuine, any false of fradulent claim, bill, account, voucher, or writing,- is riting,is guilty of a' felony." '.n'✓c::JC:f:r'.:•;::c'.'r.::r:r.n�C Jr it it it n•J•J••r•Jr it�••�ii it�C i)'.•J.J.J.J.J VJ.J.J..L J-J.J... 4 r.. 4.L...... ✓•yJ J. J. .I.. J.li^ n V 1.1�L^ ^ ....... ..,......c:................c:.s.k .......J.r.c...c..dr'c'c..�..3cJ.c,..... :c'c �: . . � •'k RE: Claim By Reserved for Clerk's.-.filing stamps J s RECEIVED Against the COUNTY OF CONTRA COSTA -.-JAN 1 51991 of DISTRICT` CLERK BOARD OF SUPE (Fill in a "' CONTRA COSTA C-1 The undersigned claimant berehy makes claim against the County;.,of C a. Costa or the above-named District in the sum of $ Sys and in support. of this claim re- .presents as follows: _ 1. When did the damage or irijury. occur? (Give .exact date and hour) 2. Where did the damage or injury g � occur: (Include city and county.) 3. How did' the dama;e or injury occur? (Give full details : use extra sheets 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 - I•' ". li4 5 [That are the names or county or district' officers,- servants, or' employees causing the damage or injury?. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed "above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospital's: 9. List the expenditures you made on account of this .accident or injury: DATE ITE`i AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant ' or by some person on his behalf." SEND NOTICES TO (Attorney) . Name and Address of Attorney lu 1110167-L-Al Z 9z, C manrts ig&ture - 3 - - ­ W,r r€ Address �O Telephone Number: j -"'�7�/ Telephone Number: (,tJp✓ Z-6,5�3_ �� � ,l 21F - U 0 U G `C�j;L/ r - _ ..� _ _.. � ._ � _ .- -.� ..- � j/�//yam _-'- - _ ... _•_ - --- _ - ___- _. .. __ .. _. r • - - _ --- -� SUE HEMPSTEAD --- - - - -- - - ----- - 338 W. BISSELL ` RICHMOND, CAL. 94801 N W C1 OD M Qpm Z 3 'O O�N N M r,Nrn arnt' rro . r Com' " 1 s c_ Q Stili � l CIO n J CLAIM oZ r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements; " ) NOTICE TO CLAIMANT FEBRUARY 12, 1991 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: HERSHEY, Ver.a,.Lou *«..• + ATTORNEY: Gary Brown, Esq. JAN 2 1901 Law Offices Date received 10100 Santa Monica Blvd. January 14, 1991 COUNTY COUNSEL ADDRESS: BY DELIVERY TO CLERK ON Suite 950 Cert. P474 586 757 Century City, CA 90067 BY MAIL POSTMARKED: January_10. 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 18, 1991 RAIL BATCHELOR, Cler II. FROM: County Counsel TO: Clerk of the Board of upervisors 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: B Dated: 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: -fa q( , 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: F g 1 �. �J9 BY: PHIL BATCHELOR bX Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF GARY BROWN SUITE 950 10100 SANTA MONICA BOULEVARD CENTURY CITY, CALIFORNIA 90067 (213) 201-0007 TELECOPIER: (213) 277-2293 January 7, 1991 Y RECEIVE BY CERTIFIED MAIL - RETURN RECEIPT JAN 14 1991 Clerk of the Board County of Contra CostaCpN60AROTpq COS A 0 i 651 Pine Street Martinez, CA 94553 Re: Our File No. 5081 Hershey v. Contra Costa County Dear Clerk: Enclosed is a claim on behalf of Vera Lou Hershey for personal injuries sustained on account of falling into an unmarked drainage ditch on an unlit road under the supervision and control of Contra Costa County. If for any reason you believe we have designated the wrong governmental entity, please notify us immediately. *GB urs, rN GB/bg cc: Lou Hershey WP 5081-L1.MSS RECEIVED CLAIM AGAINST GOVERNMENT ENTITY JAN1 1991 FOR DAMAGES TO PERSON OR PROPERTY CLERK - SU RS COSTA CO. This claim is filed against Contra Costa County in the State of California: A. The name and post office address of the claimant; Vera Lou Hershey, commonly known as Lou Hershey, resides at 441 East San Jose Avenue, #312, Burbank, California 91501. B. The post office address to which the person presenting the claim desires notices to be sent; The Law Offices of Gary Brown, 10100 Santa Monica Boulevard, Ste. 950, Los Angeles, California 90067-4013. C. The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted; On September 13, 1990, between 9:00 p.m. and 10:00 p.r... Ms. Lou Hershey was walking a dog along Laurel Drive at or about the location of a house designated as 716 Laurel Drive, Walnut Creek, CA 94596. The road is unlit and bordered by a deep, unmarked drainage ditch. Unfortunately Ms.-Hershey fell into the ditch, sustaining serious physical injuries to her foot, leg, and other parts of her body. D. A general description of the indebtedness, obligation, injury,damage or loss LAW OFFICES OF . GARY BROWN CENTURY CITY,CALIFORNIA 90067 Claim by Lou Hershey January 7, 1991 Page 2 of 3 incurred so far as it may be known at the time of presentation of the claim; To the date of presentation of this claim, in the most general terms, Ms. Hershey has sufferred severe shattering of the heel of her left foot, disabling her from walking. As a direct and proximate consequence of this injury Ms. Hershey has been unable to attend to her duties as a teacher. Her specialist predicts that she may return to work in February 1991. The medical bills, to date are approximately $750. Ms. Hershey received a net pay check of$1,104.93 out of a gross earning of$1,615.40, every two weeks: Ms. Heshey is informed and believes the injuries will have permanent residual effects. E. The name or names of the public employee or employees causing the injury, damage, or loss, if known; At the time of presentation Ms. Hershey is unaware of the names of any particular employees who participated in the creation of this hazard. After investigation, Ms. Hershey's counsel is informed the road at the location of the incident is under the control and responsibility of the County of Contra Consta. F. The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of anyprospective injury, damage, or loss, insofar as it may be known at the LAW OFFICES OF GARY BROWN CENTURY CITY,CALIFORNIA 90067 Claim by Lou Hershey January 7, 1991 Page 3 of 3 time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether jurisdiction over the claim would rest in municipal or superior court. The amount of the claim rests within the jurisdiction of the Superior Court. Date: January 9, 1991 G Y B WN, At(orney or Lou Hershey 5081-01ASS LAW OFFICES OF GARY BROWN CENTURY CITY,CALIFORNIA 90067 0 - m O � O c O < D Z �+ A <b � � D O rn O j z - _._. o 0 0 O U) D c .� 0 r Z rn m O < 1 o Y z Iwo Jv L � C3 C� a- C na rn o om O L R CLAIM I• • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 12, 1991 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: $114.95 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: LAWRY, Marguerite a 711 01dCanyon Road, #95 ATTORNEY: Fremont, CA 94536 JAIL .QDI Date received COUNTY COUNSEt ADDRESS: BY DELIVERY TO CLERK ON January 15, 1991 MARYIMP7. r'AlIF. BY MAIL POSTMARKED: January 14, 1991 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Cle DATED: January 18, 1991 BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 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 ORD 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. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 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: FEB 13 1991 BY: PHIL BATCHELOR b 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. If tr � against ns ore than one public c entity, separate claims must be D. Il i.tie l;la iiTi is a 0.i.u.�.. mva.. . r 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 m,9,9&br_R,TF_ REC:EE� ;. Against the County of Contra Costa ) or ) JAN991 District) CLERK6 ARDPE0Fill in name ) CONTRA CO. The undersigned claimant hereby makes claim against the County of ntra Costa or the above-named District in the sum of $ 114.85 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) S C MP�(Z 18, l990 A 4150 p.M ---------------------------------- Where did the damage or injury occur? (Include city and county) oN )4VtIr4 "20AJ, bE_riuEcAJ 055 PoAd PWJ fD60 A\AA , &Neo2D -----------------------------------------------------------------------------------= 3. How did the damage or injury occur? (Give full details; use extra paper if required) :77 c04)5 Fozcao To R I u F !N F&,__5N Tf)P( 54.U1ZRI SAT , s�� A TPC J P A9 F- -C 2 Q.am;p ip-�c ale r C"p G►�16 s ' d A m c c1 ) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? r Ail vr2F To */L)V E TR A r r(c t?oNil201_ FbR r?Alzs RcQU(R'5C ?o Ri1J� GAJ Tr�E v�Fi?oN� 531 DE � 4�J ST_FFT TO AUoa� U�tut u� i N T D _rHF P-� I�Ly`` �Fi A �1 �1Z 154_0(eell L,.Ot}i , !Vo +F_pF'FiC GoNT RoL o ot�commi�� `�R �c nN A �11 C1aQ5 obs42�GT6D. (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Uf,KN©WO • TItE 0,t7y of �cmC'oR� 'o,ad �F�Ar2TN�NT 3T8t7ES T1�flT vl jl} 15 I� �opJ1-y f2o-A a AND Tt+F_ 011TV WA5 NOT 'PAVIu9 IT. evopyt, ?ubiv_ ----------------------------------- --------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. FXTFNSryE ROAD Tf)'R ON TME s,DFs of my w+w arm �rz CApPt'oX• Icy I�sch`��,ic���. Ph�f•os �TTAcIn ed. 2+ -}0014 �h�EE Inovrzs WOR( C UWV44 A SPECI-AL SoLUA NT '-To 1?EMWE 1T. 5o)"fl SF R 1So t EMOUr D CRK Lu-R X- ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) -T "D Tr f•E �"7AR ]ZEMDVED A S 5000 A S FOSS 161 e Pc-Q-e U' `ihu 1NCt-D.FNT To -pV0J-CoH6r &x"ge. My Ct�Z W9 AS CL.Ef1NED fWD LUAYso Ty Tt+E SA('''F aorc�pan,�`�In + hack 12r=vtousL� e_m leM� bog. ed WN u M(F-0 lad CAR . ;h : ep R LpAS4 IS Luvrwlp I0MiN. is AL-kiNi dkSTAK)CF A�rn-6 WC)P-K. SD No tuEm-AccRoED. 8. Names and addresses of witnesses, doctors and hospitals. t iAw Liu4ort eALtf.. STA'rE ID-EPT, c�'c� D1�GA TLOIJ•j S�cF(2 )R\EOTO VRRtOUS aooct7frp FOILCE 09-ICElzS P� Tt_S O-OOCC)" PotLCE (ACADFP1 c /�^D�O SU11A �OF1D :2n�r2. I �s�PS F!' r`��lNG1 (poi ttE�IJ �{a1-IFO�Nt�1 JUVC'm�� LP��tt> 0(' LCF-\ ASgvC(g�Tf.o1J. l ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT _r_Movr=-'fart -RNn WP4- ePR 14-q -hy 14 4 . 11 JSUf��J Y 7C iC 7i Iti � ii � � �� ]i NiL � if � � � if � � � � 1[ li � %l' ii � � � � iL if 1•S Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: :. :(Attorney) -:r or by some person on his behalf." Name and Address of.AttorneyAj, Claimant's Sig ture Address -T-iZEMoto 0PL.i:r. 945.3 Telephone No. (,�OEz K p � Telephone No. ham- ��5 X19?-4985 -4.15 2b8--'7231 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. ~ ' ~ ` ` 3. How did the damage occur? As I turned onto Avila from Willow Pass Road I was stopped by a man wearing an orange vest . There was a dump truck backed across the two lane road . Also parked in the right lane was a small street tar toiler . When the truck finished backing onto the right lane I was signaled past them by the man in the orange vest . I drove past the truck and roller which were in the right lane. To do so I drove past in the left lane (wrong side of the road ) . As I passed them I noticed fresh wet tar/slurry coat on the entire right lane. As I proceeded up the hill toward the Concord Police Academy I remained on the left side/wrong side of the road to avoid the tar . As I approached the crest of the hill a car came over the hill toward me in the left lane, forcing me to drove onto the right side of the road and into the fresh tar . I continued to the crest of the hill on the right side of the road (fearing an accident from an oncoming car ) which was about 1/4 of a block . The fresh tar ended at the crest of the hill . ` When I parked in the Concord Police Academy parking lot a Concord police officer approached me and exclaimed something like "Did you get that tar mess on you car out on the road?" I got out and we both looked and discovered a thick coat of tar running the length of the car approximately 3 to 4 inches high , 1/4 inch thick . Tar was also splashed in small specks as high as the windows. The car had been clean when I left work in Oakland , and there was no other place where I could have sustained the tar damage. I-AboIZV ` ' : - 4`141 K115N BETTS' CAR WASH STREET CUSTOMER'S ORDER NO. -' ® PT. DATE DEPT. NAME (� ADDRESS SOLO BT' C%15N C.O.D.' CNARGE ON ACCT. MOSE.REM. PAID OUT DESCRIPTION z a 14 , . 6 7 8 9 10 !>4 1z � . <s 13 4. 14 e 16 i� 17 18 RECD By a 4�.,uw.�L". 4aksx:.=.u';_._r....: :=.r:....,.s.......,-�.. .k....a;..5'�.fz,..�.,�zw�,b y,,.,,»z�a�.c»�,w.r^s���a..`�..".:ca.«x�`�......,�':�.��r..'Y:',•...,.=.,i.,:a< ,.�,��.>, 7,-.,--� w FEDI "0/01320 F0� 532 ` KEEP THIS SLIP �' FOR REFERENCE Chevron account terms require the minimum payment due each month. To QPo avoid FINANCE CHARGE,the total amount owing(new balance)must be Qolflltmvvon U.S.A. Inc. paid in full and received by OCT. 29, 1990 Account Number Billing Date Page 7230232154 OCT. 4, 1990 1 OF 1 Transaction Reference Card Date Number Number Station Number/Location or Description of Transaction Amount 9 24 PAYMENT RECEIVED — THANK YOU 19.54CR 9 6 8705501 0001 94587 KEN BETTS, INC OAKLAND CA 24.50 9 17 3959138 0001 98139 V J HAAVISTO ENT SAN LEANDRO CA 16 .93 9 20 8706918 0001 94587 KEN BETTS, INC OAKLAND CA 17 .00 9 21 8707038 0001 94587 KEN BETTS, INC OAKLAND CA c � 10 2 8708203 0001 94587 KEN BETTS, INC OAKLAND CA 22.50 E:C):L3:ti417'Ni1�'ITt) Billing Summary (11 Previous Balance (2) Payments/Credits: (3)UnpaidBalance(,1-2). 14)Amount Past Due 1(5)New Nonrevolving Charges M54 19.54 0.00 0.00 80.93 16) New Revolving Purchases (7)Total Revolving Balance 18) Revolving Installment Due 19)FIWAMCE CHARGE (10)Minimum Payment Due l4+5+8+91 114.95 - ._ 114,.95 20.00 0.00 100.93 Periodic Rate Equals ANNUAL Balance Subject to FINANCE CHARGE is Average Daily Balance x Periodic Rate (11)Total Amount Owing PERCENTAGE RATE of 13+5+6+91 18.00% 0.00 x 1 .50 % 195.88 NOTICE: See Reverse Side for Important Information MS40 It 1-89) Printed in U.S.A. 6 t A . t c� Tz- _ riz CC3 � o� n rm- to �i 1-4 9 ::+ oO t3� QG O J N �,,, i �# � r,Y A " >y..A s ,., � . ".�i.. � _ �. �z �,�. a., ?� inn,�.. - � „� v � �`� a�`� s� ��s � 3 -ems``_,5 Ik�� 4� � �, -�. ... ._ .: ,�6 i .�'-,..�"� �{ e 6 �. ., :.-�y�,,.. �� a ,. ' �9' '� - T ,e. t � `i i ar u _, �,i 7 n r3; - '. �. �. i �,i w�� it r � i 3 v `� � a: G _; � � �' � �` � � i ��. �0\ /� � ,,r-�� �F " �,� .kSt �`�'r.--�- v '� �. _ 's .. � �� ����, � x � � � � f � x�� � r e is y ., C. �Lb - l rt .7. i / � T fl __- ,, o .'�.- 1 � - - r W �.rc .c.. _ _'I ^'�,-- 1 2_ 4 �. �?'� ii �:�.'�.����'� . . ,. . ,. ���' .. �s��.... �z �� �� � �� ��� �, � �� ,� ,: y � .�% ,.� `J t' �.� � � � �y i� � 1 _.---_�- � �� 1 � ��' � � _� \ .::.4 `. _� �, _�, __-- j �� � �. ���n �`—� --- �..- �, �, , :��- - ��i__ �.� CLAIM ncEIVED BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ' 1 8 PSI Claim Against the County, or District governed by) BOARD AGT'ION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARYOL2,2'; Q9'91EL and Board Action. All Section references are;to ) The copy of this document mailed to you is yourAn'oti-ce 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: LEEKS, Lillie ATTORNEY: George Holland, Esq. 1330 Broadway St. , Ste. 1530 Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON January 17, 1991. (hand delivered BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: January 18, 1991 BY: Deputy I1. FROM: : County Counsel TO: Clerk of the Board of Su visors 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: ( 2Z `i1 BY: X Deputy County Counsel Nri 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: _1,2 ( 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: B 1991 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator RECEIVE® CLAIM AGAINST THE COUNTY OF CONTRA COSTA JAN 171991 ;CLERK BOARD OF SUPERVISORS TO: County of Contra Costa CONTRA COSTA CO. Clerk of the Board of Supervisors �Qm 651 Pine Street, Room 106 Martinez, CA 94553 - The 4553The Law Offices of George Holland, on behalf of YVONNE LEEKS, hereby present this Claim to the County of Contra Costa pursuant to Section 910 of the California Government Code. 1. The name and postal address of the Claimant is: LILLIE LEEKS 4508 Escuela Court Richmond, CA 94804 (415) 236-2630 2 . The postal address to which LILLIE LEEKS desires notice of this claim to be sent is as follows: c/o George Holland, 1330 Broadway Street, Suite 1530, Oakland, CA 94612 (415) 272-0433 . 3 . On July 19, 1990 (approximately) , Yvonne Leeks, a mentally retarded and incompetent female was physically assaulted and raped at a group home in which she had been placed by the State and County governments. The State of California and the Counties of Alameda and Contra Costa were responsible for providing for the care, custody, control, supervision and safety of YVONNE LEEKS. These governmental entities had social workers and other personnel that were directly responsible. for the selection and placement of YVONNE LEEKS in a . Board and Care or other facility. The governmental entities herein selected the Brown Board and Care facility, and when the sexual assualt occurred, said entities attempted to prevent Lillie Leeks from knowing that incident had occurred. . 4 . As a result thereof, Claimant suffered the following damages: (1) Physical Assault and Battery; (2) Rape; (3) Negligence; (4) Negligent Hiring; (5) Negligent Training and Supervision; (6) Violation of Civil Rights; and (7) Intentional Infliction ,of Emotional Distress. 5. So far as is known at the time of filing this Claim, Claimant has incurred undetermined general and special damages. Jurisdiction of this matter will rest in the Superior Court. DATED: January 17, 1991 GEORGE HOLLAND ATTORNEY AT LAW By: OR E HO Attorney for Claimant CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA y bj 001 IAN 2, , Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements,, ) NOTICE TO CLAIMANT FEBRUAR �11�2Y C9 1� MAK11•:/- L ir. 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: ,•LEEKS, Lillie on behalf of Yvonne Leeks ATTORNEY: George Holland, Esq. 1330 Broadway St. , Ste. 1530 Date received ADDRESS: Oakland, CA 94612 BY DELLIVERY TO CLERK ON January 17, 1991 (hand delivered) BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, PPHH DATED: January, 18, IL BATCHELOR, Clerk 1991 BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Superylsors This claim complies substantially with Sections 9.10 and 910.2. ( ) This claim FAILS' to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on .ground that it was filed late and send warning of claimant's right to apply for leave to present a late,claim (Section 911.3). ( ) Other: Dated: I 22 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 (lam) 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: ate/ tPHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov, code 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 o'n this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your, choice in connection with this matter. If you want to consult an attorney, you should do so•immediately. AFFIDAVIT OF'MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United .States, over age 18; and that today I deposited in the United States. Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: FEB 13 1951 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator R RECEIVED f CLAIM AGAINST THE COUNTY OF CONTRA COSTA JAN 1 7E �� y5 CLERK BOARD OF SUPERVISORS TO: County of Contra Costa CONTRA COSTA Co. Clerk of the Board of Supervisors � b 651 Pine Street, Room 106 Martinez, CA 94553 The Law Offices of George Holland, on behalf of YVONNE LEEKS, hereby present this Claim to the County of Contra Costa pursuant to Section 910 of the California Government Code. 1. The name and postal address of the Claimant is: LILLIE LEEKS on behalf of YVONNE LEEKS 4508 Escuela Court Richmond, CA 94804 (415) 236-2630 , 2 . The postal address to which LILLIE LEEKS desires notice of this claim to be sent, is as follows: c/o George Holland, 1330 Broadway Street, Suite 1530, Oakland, CA 94612 (415) 272-0433 . 3 . On July 19, 1990 (approximately) , Yvonne Leeks, a mentally retarded and incompetent female was physically assaulted .and raped at a group home; in which she had been placed by the State and County governments. The State of California and the Counties of Alameda and Contra Costa were responsible for providing for the care, custody, control, supervision and safety of YVONNE LEEKS. These governmental entities had social workers and other personnel that were directly responsible for the selection and placement of YVONNE LEEKS in a Board and Care or other facility. The governmental entities herein selected the Brown Board and Care facility, and when the sexual assualt occurred, said entities attempted to prevent Lillie Leeks from knowing that incident had occurred. . 4 . As a result thereof, Claimant suffered the following damages: (1) Physical Assault and Battery; (2) Rape; (3) Negligence; (4) Negligent Hiring; (5) Negligent Training and Supervision; (6) Violation of Civil Rights; and (7) Intentional Infliction of Emotional Distress. 5. So far as is known at the time of filing this Claim, Claimant has incurred undetermined general and special damages. Jurisdiction of this matter will rest in the Superior Court. DATED: January 17, 1991 GEORGE HOLLAND ATTORNEY AT LAW ' By: GEORGE HO LAND Attorney for Claimant CLAIM RECEIVED BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA JAN aj Claim Against the County, or District governed by) BOARD ACTION--OUNTY COUNSEL the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANTFEBRUARY 12pA�1'991CA'0F. 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: LEEKS, 7:Yvonne ATTORNEY: George Holland, Esq. 1330 Broadway St. , Ste. 1530 Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON January 17, 1991 (hand delivered BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached .is a copy`,of the above-noted claim. PpHHB DATED: ILATCHELOR, Clerk . January 18, 1991 BY: Deputy II. FROM: County.Counsel TO: Clerk of the Board of Sperilisors � ) 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: ' 122 C BY: s ' J R!✓ Deputy County Counsel II1. 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 ( Y-� 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 seLticaW Subject to certain exceptions, you have only s,ix (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to 'Claimant, addressed to the claimant as shown above. Dated: FEB 13 19911 BY: .PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 4 RECEIVE® CLAIM AGAINST THE COUNTY OF CONTRA COSTA FJA�N71991 p•rr. CLERK BOARD OF SUPERVISORS TO: County of Contra Costa CONTRA COSTA CO. Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553, The Law Offices of George Holland, on behalf of YVONNE LEEKS, hereby present this Claim to the County of Contra Costa pursuant to Section 910 of the California Government Code. 1. The name and postal address of the Claimant is: YVONNE LEEKS 5101 State Street Richmond, CA 94804 2 . The postal address to which LILLIE LEEKS desires notice of this claim to be sent is as follows: c/o George Holland, 1330 Broadway Street, Suite 1530, Oakland, CA 94612 (415) 272-0433 . 3 . On July 19, 1990 (approximately) , Yvonne Leeks, a mentally retarded and incompetent female was physically assaulted and raped at a group home in which she had been placed by the State and County governments. The State of California and the Counties of Alameda and Contra Costa were responsible for providing for the care, custody, control, supervision and safety of YVONNE LEEKS. These governmental entities had social workers and other personnel that were directly responsible for the selection and placement of YVONNE LEEKS in a Board and Care or other facility. The governmental entities herein selected the Brown Board and Care facility, and when the sexual assualt occurred, said entities attempted to prevent Lillie Leeks from knowing that incident had occurred. . 4 . As a result thereof, Claimant suffered the following damages: (1) Physical Assault and Battery; (2) Rape; (3) Negligence; (4) Negligent Hiring; (5) Negligent Training and Supervision; (6) Violation of Civil Rights; and (7) Intentional Infliction of Emotional Distress. 5. So far as is known at the time of filing this Claim, Claimant has incurred undetermined general and special damages. Jurisdiction of this matter will rest in the Superior Court. DATED: January 17, 1991 GEORGE HOLLAND ATTORNEY AT LAW By: G ORGE HOLLAND' Attorney for Claimant CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 12, 1991 and Board Action. A1.1 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: $239,795.44 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SCHWARTZ, Ty ATTORNEY Mark D. Byrne Esq. Law Offices of'John..B. Hallbauer Date received ADDRESS: 13880 San Pablo Avenue, Ste. A BY DELIVERY TO CLERK ON January 9, 1991 San Pablo, CA 94806 Cert. P885-547-67B— BY MAIL POSTMARKED: January 8, 1991 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is. a copy of the above-noted claim. pH DATED: January 11, 1991 EVIL BATCHELOR, Cler 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: ( J �� /lI BY: , S Deputy County Counsel 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 ( P 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: HIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 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 calbove. Dated: FEB 13 �gy1 BY,: PHIL BATCHELOR b - Deputy Clerk CC: County Counsel County Administrator Y RECEIVE® JAN - 91991 CLA114 AGAINST THE COUNTY OF CONTRA COSTA CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 1 . The name and Post Office address of the claimant: Ty Schwartz 1877 19th Street, San Pablo, California 94806. 2 . The Post Office address to which the person represent- ing the claim desires notices to be sent: Mark D. Byrne, Law Offices of John B. Hallbauer, 13880 San Pablo Avenue, Suite A, San Pablo, CA 94806. 3 . Date, Place, and other circumstances of the occurrences of transaction which give rise to the claim asserted: On or about July 29, 1990, Claimant Ty Schwartz was walking along state route 4, when he was struck by a vehicle driven by William John Lopez as a proximate result of a dangerous condition which exist- ed on West Bound State Route 4 off the Cummings Skyway exit, where a street light was inoperable. 4. As a proximate result of dangerous condition, in the County of Conrta Costa, at west bound state route 4, at the Cum- mings Skyway exit, claimant suffered substantial and significant injury to his legs and head. 5 . The names of the public employee or employees causing the injury, damage or loss if known: The name of the public employee or employees causing the injury, damage or loss is not known presently. Such public employee would be responsible for the maintenance of county roads, for utilization by pedestrians, being Cummings Skyway exit off West Bound State Route 4 . 6. The amount claimed: Claimant is presently suffered _approximately $19, 795 . 44 or more in' medical expenses. Claimant suffered permanent injury to his leg as a result of the negli- gence of public employee or employees. Claimant also suffered a loss of earning capacity or ability to work as a result of the permanent injury to his leg, The damages which have been suf- fered are more particularly described as follows: a. Medical expenses approximately $20, 000 . 00 . b. Loss of earning capacity or ability to work $100, 000 . 00. C. General Damages $100, 000.00 . Dated:_ 5 [ 1 MARK D. EZI Attorney for C ant TY .SCHWARTZ 1 Law Offices of John B. HaRbauer John B. Hallbauer A Professional Corporation Telephone 237-3224 Mark D. Byrne 13880 San Pablo Avenue, Suite A Facsimile 237-3284 Pamela O'Shaughnessy S6n Pablo, California 94806 Area Code 415 January 8, 1991 4 RECEIVE® Sent by Certified Mail ^y JAN ^ 91991 µ Contra Costa County ' Board of Supervisors ClerkgpARDOFSUPERVISORS 651 Pine Street. CONTRA COSTA CO. Martinez, CA 94553 RE: TY SCHWARTZ Enclosed is 1 original(s) and 1 copy(ies) of the fol- lowing documents: CLAIM AGAINST THE COUNTY OF CONTRA COSTA They are furnished .for the following• purpose(s) Filing..and return.-of conformed, .copies; A stamped, self-addressed envelope is enclosed; Return your receipt for $ ; Check ## enclosed; Certification. of ; Recording and return of conformed copies; For your information and records; Pursuant to your request; Please telephone this office; XX Other Enclosed please find a claim against the County of Contra Costa. Please advise us of your position. Thank you for your courtesy and cooperation in this matter. Very truly yours,, KRISTEEN L. CARBERRY r :w O OD G .� (:) qa C1 oOD � D No O P � 7> ^C3 U'l -J % (710 0 w w n �5 fi CP fi p,K d �,-b w 1e im N N n r VA cI . Nrb CD tj O N NLn �. cr p Lo .� e 4 CLAIM 0. I BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 12, 1991 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: $260.00 Section 913 and 915.4. Please note all "WarningPCE1VE® CLAIMANT: SHELTON, Gary J. JAN 14 1901 1231 Parket ,Street ATTORNEY: Berkeley, CA 94517 COUNTY COUNSEL MARTINEZ, CALIF. Date received ADDRESS: BY DELIVERY TO CLERK ON January_10, 1991 (via P.O. Box) BY MAIL POSTMARKED: January 8, 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, pH DATED: January 14, 1991 gYIL BATCHELOR, Clerk eputy40, II. FROM: County Counsel TO: Clerk of the Board of S 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: ( / (T;49 1 BY: 1 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 ORD 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. Dated: /r}, / PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code se- 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:—FEB 13 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �LATO BOARD OF SUi ER'TISORS OF CONTRA. COS..T. r ne�ur t5A1 applicatlon to: Instructions to Claimant Clark of the Board P• O. Box911 A. Claims relating .to causes . of action for death oror� ri�ury California -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 fi'led 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 , PenP_1 Code Sec. 72 at end of this form. , RE: Clai-n by ) Res i inc_ stamp: TVIF JAN 1 01991 Aga.i.n.st the =ICOUNTY Oz 'COI'TRA" CObox LER. BOARD 1=SUPERV{ or �" ,;YV �C�� . a,�L: DISTRICT) C TRA n 7A CO. (Fill in na b ) - The undersigned claimant hereby makes claim acains- he County of Contra Costa or the above-named District in the sum of $ C` `'" and in support of this claim represents as follows : 1.�, When did the damage or^injury occur? - (Give exact date and hour) Off+" 2. Where did thedamage or injury occur?- (Include city and county)-- - - -- - ---- ---- ----------- -- S -- 3. Aow did-the -damage-----or-- in-jury- -occur? (Give full details , use extra sheets if required) C.,c�r�.�v�.-�c��� tam-e�� '� '-� �,,�c;:�..'-�. c�� +ri��:�i���.� .e ' �`�j +ti,,►,.�:a'�e�et�� a� . ` -c� eta"c� 4 . What padrticular act'-or omission on the part-of county or-district officers , servants or employees caused the injury or damage? " c3TP�V \, (over) '.:5..:14 zat `ar.e..the...names of county or district officers , servants or f employees:: causing the, damage or injury? ----------------------------- ------------------------------------=---- 6 . S�Ihat damage or injuries do •you claim resulted (Give full extent _ of injuries or damages claimed. daAttach two estimates for auto ma e) 7 . How wase amount claimed above computed? - (Include the es-imated _ amount of" any prospective injury or dzLnage. ) 8. aures a n aaa sses of witnesses , �octcrs and hospitals. 9. List `e�eX+penn tures you made-on account oi` this accident or-ynjury: � � � Iden x. .._ .�. AMOUNT 0;!!, ,. oda t Govt..- Code Sec. 910.2 provides : - "The /laim signed by the claimar. SEND NOTICES TO (Attorne,O or sour person ! his behal.r. Name and Address of 'Attorney C ai nt' s Signature Telephone No. Telephone No % .NOTICE Section' 72 of the Penal Code provides : Y "Every person who, with intert . to defraud, presents for allowance or for payment to any state. board or. off�cer, or to any county, town, city district,. ward or village board or officer, authorized- to allow or pay the same' if genuine , anv false or fraudulent claim, bill , account , vouchei or writing, is guilty of a felony. " y.,A"'�`2'w5/"e.�iF'r.•�Y'Yy'rr�'1rwN• r.Y+y.i�••.a .. ,.:-;�� r ,. ., ,•„ �... 1Fir�4v^`'C'ta.i.,,,.'r„�'��-PV`�",,..�^'..n,+�`�di`9'4'.,1��,r+tir.;�.�ci�Ly...,�U �.-.Y°.. {�y+ { •. ,�•.,.K>f.. .�,..v:lti'�-Rni`J -,� Y^ ' * INCIDENT REPORT 7 CONTRA COSTA COUNTY SHERIFF 'S DEPARTMENT INCIDENT INCIDENT: LOST PROPERTY FACILITY: R.CDF REPORT 1' : 96- 11, DATE/TIPIE DATE/TIME LOCATION: rIDF OCCURRED: 12-7-90 REPORTED: 010399 1500 HOUSING INMATE: a14MT0% GARY JAI-IES BOOKING_ #: 90-31085J ASSIGNMENT: C-29 Last First Middle WITNESS(ES) -- LIST -- Name - Address If an inmate, give booking .#: SYNOPSIS muttn SHI�"LToti°S cwrHItIG IdAS LOST AT T1dE HD14" NARRATIVE: T CXT1,Hlt IC°t RIZ AN TNVFST--RV C7 THE E fiCLE A OPF;1�P �`•f I ON 12-31.90 AtZ FOUND i'`wr INL N ME, SHELMN°S CLOT MIG, AND PROPERTY WERE ;SOT ITIERE. I CALLED TM MLr3F AITD ASKED ba, Ldj LOUti FOR fiOTt . rx Uiv� -SHI?.LTO °S PROPEP IY AND SINT IT TO THE. `FARM a AI-f (XXJLD RX FIRED SFI.EI.:iC?N°S CLOTratio DIME SHELTN'S CLOIMING RECENT WAS NOT FILLED OUT WHEN HE CAS BOOKED. I 1[fre",RVI&JED HIMl MD IE GAVE .9L UIE F0LUYdING LIST OF CIMI'M IE WAS WEARING: BLUE L9VTS m $35.'00; BLACK 0 WHITE CHECK SHIRT, L/S s 2O.00; REBOIC HIGH 13 TOMS SHOES; BLACK 641ITE, LAC: 6 €[IPE, ONE PAIR 6IITESCCKS9 $50OO; BL31T—SHIRTS $5.00; OtiE PAID OF, BOXER SHTA S 9 -$5.00; O VE BLACK JO 141 LEATHER JACKEM, $150.00. I GAV, StE.MI A COPY OF THIS IR Ai4D A COM4Y CLAI14 FOR11. ACTION TAKEN/RECOMMENDED: COPY OF IR AND C A111 FORM DELIMED TO'Ii'RHATE. L MAD 39 .73 REPORTING EMPLOYEE # SUPERVISOR #, OPERATIONS DIRECTOR # O.D. ROUTING INSTRUCTIONS: White to Facility Manager - Yellow to Booking File - Goldenrod to Inmate By: Pink to -BAS Page one of Rev.' _3/85 *MARSH CREEK MENS DETENTION CEI INMATE REQUEST CONTRA COSTA MTY DETENTION FACILITY NAME: BK.#:. Last First Middle DATE: DORM: BUNK: CHECK ONE: 0 REQUEST GRIEVANCE 0 APPEAL REQUEST: ''tZ) C-b SCD )r c �L� NMA f Li L czC -K'k�S•--------------- RECEIVED BY: ilACsy �P= J�c � r� ROUTED TO: 0 PROGRAMS 0 CUSTODY O MEDICAL ------------------------------------------------------------- ANSWER: . 0 APPROVED 0 DENIED - (State reason) BY: Title Employee Name - Employee # Pink kept by inmate, Yellow to inmate, White to Booking file •MARSH CREEK MENS DETENTION CE10 INMATE RE UEST CONTRA COSTA MTY DETENTION FACILITY NAME: BK.#: Last. First RAM DATE: DORM: BUNK: CHECK ONE: 0 REQUEST 0 GRIEVANCE 0 APPEAL REQUEST: -\G Y��S� L`iZ�.\� Off. C�t�''C\O f\. \P.�—�►--��i T �RG�ZL. v(\xk k..r Pte, 2a1�� \c ck\ \r uoU'_ IAM RECEIVED BY: ROUTED TO: 0 PROGRAMS 0 CUSTODYXreason) AL ----------------------------------------- ------- ANSWER: 0 APPROVED 0 DENIED - (S , e�.L`rc� ilk ��'10�. BY: Title Employee Name - Emp oyee # Pink kept by inmate, Yellow- to inmate, .White to Booking file •MARSH CREEK MENS DETENTION CEI INMATE RE UEST CONTRA COSTA MTY DETENTION FACILITY NAME: BK.#: Last first Middle DATE: DORM: BUNK: CHECK ONE: 0 REQUEST 0 GRIEVANCE 0 APPEAL REQUEST: `C}�� (�.��\Q, r --------------- =, lZ- J-- -- --------- RECEIVED BY: ROUTED TO: 0 PROGRAMS 0 CUSTODY 0 MEDICAL ------------------------------------------------------------- ANSWER: 0 APPROVED 0 DENIED - (State reason) BY: Title Employee Name - Employee # Pink kept by inmate, Yellow to inmate, White to Booking file r" }r Richard K. Rainey .Sherif f-Corone Contra SHERIFF-CORONER CO^}^ Duayne J. Dillon P.O. Box 391 sta Assistant Sheriff Martinez, California 94553 County warren E. Rupf (415) 372- 4494 Assistant Sheriff fr F� Enclosed, .is a County Claim Form., Please list the missing articles and their value, along with -any documents you may have, i .e. , receipts etc. Be sure you have included pertinent dates that tie in with your loss. These dates should show when you were brought here and when you left. Then you must return this -form to Contra Costa County, Clerk of the Board, P.O. Box 1911, Martinez, Ca. 94553 C. .Ludwig Support Services Dept. - A AID AJ AN EQUAL OPPORTUNITY EMPLOYER kj n _ 0 Q ' c� i � � G CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 12, 1991 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: $262..00 Section 913 and 915.4. Please note all "Warnings". MCEIVED CLAIMANT: WILLIAMS, Mary 1520 - 4th Street JAN 1 1�J1 ATTORNEY: Richmond, CA 94801 Date received COUNTY COUNSEL ADDRESS: BY DELIVERY TO CLERK ON January 10, f0itqt1JE7, CALIF. (Transmittal) BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO.: County Counsel Attached is a copy of the above-noted claim. PPHHIL BATCHELOR, Clerk DATED: January 11, 1991 BY: Deputy II. FROM: County Counsel TO: Clerk of the Board o visors 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 i5 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: I It �1! 8Y: � ._ J Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAR D 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: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secti 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 claimantas 1 a�s shown above. Dated: FEB 3 1991 BY: PHIL BATCHELOR Deputy Clerk 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 claita 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. " '�^.^..t`.Jr iC n'••niC it i�J.J.J J J.J J.J J.J.J-J- J.J-.1..yJ J- .iriC it i,Jc:,-r•J J.J.i�.l,..^J J.ir• �•i�iC•� J. J � J n-li.�.•4, �.i,"��1,�. ni�'n � .. ...,.c.r...c,.,c.n,-..::.;'c.........c�c.,i:• ...c.... c.. k�. :c.c.r.cicic:c3cJc� �c.r :k �,� � �k RE': Claim' By Reserved for C1erk'5:.filing stamps - `- .. 9�•- -31�7�.'?�� JAN 10 1991 Against the COUNTY OF CONTRA COSTA --- Y�nD'� • CLUK90ARD OF SUPERV1 0 or sof DISTRICT- ACO. .(Fill in name) E'S�s�.Tr-+0; ow�csvvJT �-o�T The undersigned claimant hereby makes claim against the 'County of Contra. Costa or the..above-named District in; the sum of $ IJLPpZ°!and in .support of. this claim re- presents as follows: 1, When. did the damage or :injury occur• (Give exact. date and hour) — O 0L- 26 2. Where did the damage• or injury occur: (Include city and county.) 3. How did, the dama;e or injury occur? (Give Lull details : use extra sheets if required.) 4. What particular act or omiss�nn�h part of county or district officers,servants, orployee causery or damage? over 5.. [that are the names or county or district officers , servants, or' employees. causing the damage or injury?. 6. [that damag o�ries do you claim resulted? (Give full extent of injuries or damages claimed. :Attach two estimates for auto damage.) /. Ho was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) r 8. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on 'account of this .accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant i� or, by some person on his behalf. " SEND NOTICES TO (Attorney) . r Name and Address of Attorney imant Signature U Telephone Number: �' S _g Telephone--Number: PROPERTY/CLOTHING RECEIPT CONTRA COSTA COUNTY 'REC. NO. 86447 1146 DATE:. TIME. NAME: BOOKING NBR: _ ::.:...... ..:...:::..... :. CASH: $ RECEIVED ❑ SHIRT/BLOUSE Q 'DRESS E -COAT/JACKET E TIE/SCARF JAN 199`' E SHORTS/PANTIES F JEWELRY OCK NYL NS 's R80A Or 501 EAT E 'SWT. SHIRT WATCHCLF- K CONTRA COSTA CQ. BELT ANTS KIRl 41 2-� I-Of SHOE OOTS 1 ZOO ' T-SHIR 5,6U' ❑ WALLET D HAT/PURSE KEYS KNIFE O GLASSES ��- Clg-OTHER BKG OFC: X I jr INMATE SI TUBE' have received.all of my•personal DATE: property and clothing. REL OFC'` X INMATE SIGNATURE i � z 'ow V"l'm7 'i H 0 0 t Ul W ON m CD 0 Y o 1 RECEIVED X , APPLICATION TO FILE LATE CLAIM JAN 13 ;- 1991 t BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 'BO_ARD�AC,�ION Application to File Late Claim ) NOTICE TO APPLICANT FEBRUARY 12, 1991 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911 .8 and 915.4. Please note the'"WARNING" below. Claimant: STATE COLLECTIONS, INC. Attorney: Darlene A. Nelson Address: State Collections, Inc. 3406 Mt. Diablo Blvd. Ste. D, Lafayette, CA 94549 Amount: Unspecified By delivery to Clerk on January 18. 1991 (via Risk Mgmt; Date Received: 1/18/91 By mail, postmarked.on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: January 18, 1991 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911 .6). �t ) The.Board should deny this Application to File Late C im (SectionAAD' eputy DATED. i 2Z 9► VICTOR WESTMAN, County Counsel, By ' III. BOARD ORDER By unanimous vote of Supervisors presen (Check one only) ( ) This Application is granted (Section 911 .6). ( P-1, This Application to File Late Claim is denied (Section 911 .6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: c2-/fir q/ PHIL BATCHELOR, Clerk, B Deputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims, presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediatel . IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of .this Claim in accordance with Section. 29703. DATED: FEB 13 1991 PHIL BATCHELOR, Clerk, B Deputy V. FROM: (15 County Counsel 2 County dmini rator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County' Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 STATE COLLECTIONS , INC . Ron HarveY 3406 Mt . Diablo Boulevard , Suite D JAN 18 1991 2 Lafayette , California 94549 3 ( 415 ) 2'83-7500 4 Assignee of EAST BAY FORD TRUCK RECEIVED 5 M9 6 JAN 1 81991 7 CLERK BOARD OF SUPERVISORSV CONTRA COSTA CO. In the Matter of the Claim of 8 L77- 9 STATE COLLECTIONS , INC . CLAIM AGAINST A PUBLIC ENTITY 10 Claimant , (Gov ' t . C . Section 910 ) APPLICATION TO FILE LATE 11 VS . CLAIM AGAINST PUBLIC ENTITY 12 (Govt . C . Section 911 . 2 ) MORAGA PROTECTION DISTRICT POINTS AND AUTHORITIES 13 Public Entity 14 15 1 . STATF COLLECTIONS , INC . , the assignee ' s of East Bay Ford 16 Truck, hereby applies to the Board of Supervisors of the Contra 17 Costa County to determine if permission for leave to present a 18 claim against said County pursuant. to Section 911 . 4 of the 19 California Government Code , is required under the law prior to 20 21 the expiration of the stable of limitations for the presentation 22 of a Breach of Contract cause of action/claim. 23 2 . The cause of action/claim of STATE COLLECTION , INC . , 24 assignor EAST BAY FORD TRUCK, as set forth in our filed proposed 25 claim attached hereto , accrued on March 7 , -j99O , . a period within 26 one year from the filing of the breach of contract claim against 27 28 a public entity . (Government Code Section 911 . 2 ) -1- 3 . The claim of STATE COLLECTIONS , INC . , was rejected on 1 November 29 , 1990 and again on December 17 , 1990 , for the 2 3 following reason stated , as attached hereto ; 4 Your claim for an injury to personal property which arose on or after January 1 , 1988 was not presented 5 within six months of the event or occurrence as 6 "required by law. ( See Government code Sections 901 and 911 . 2 . ) 7 4 . STATE COLLECTIONS , INC . , claim against the Moraga Fire 8 9 District is a claim for BREACH OF CONTRACT, and not a claim for 10 an injury to person or personal property . The statue of 11 limitations for filing a Breach of Contract claim is no later 12 than one year after the accrual of the cause of action on March 13 7 , 1990 . " . . . Government Code Section 911 . 2 , barred his action , 14 15 where he did not sue to recover wages , salaries , or benefits 16 cinder any contract of employment or for services rendered , but 17 asked only for general damages . . . "Hanson v. Garden Grove 18 Unified School District . ( 1982 , 4th Dist ) 129 Cal .App3d 942 , 181 19 Cal .Rptr. 378 . 20 21 5 . The County Administrator of the County of Contra Costa, 22 by and through its Risk Management , Liability Claims Manager Mr . 23 Ron Harvey , has expressed the position of the County 24 administrator ' s office as evidenced by his letter dated December 25 26 , 1990 , attached hereto ; 26 "It is the position of the Moraga Fire Protection 27 District that East Bay Ford Truck breached the warranty 28 on the vehicle . There will be no payment forthcoming on this matter . " -2- 1 6 . The Government Code is clear . A claim other than for an 2 injury to person or to personal property may be presented not 3 later than one year after the accrual of the cause of action ; 4 A claim relating to a cause of action for death or for 5 injury to person or to personal property or growing 6 crops shall be presented as provided in Article 2 ( commencing with Section 915 ) of this chapter not later 7 than one year after the accrual of the cause of action. (Government Code Section 911 . 2 ) 8 9 7 . If it is determined by the Honorable Board of 10 Supervisors that STATE COLLECTIONS , INC . , has delayed in 11 presenting its claim against the County of Contra Costa , STATE 12 COLLECTIONS , INC . , requests leave to present a claim against the 13 County of Contra Costa pursuant to Government ode Section 911 4 . 14 15 16 DARLENE A. NELSON 17 STATE COLLECTIONS , INC . 18 19 20 21 22 23 24 25 26 27 28 -3-