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HomeMy WebLinkAboutMINUTES - 01191993 - 1.5 CLAIM DEC 2 8 1992 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ZOUNTY COUNSEL MARTINQ,, CAUr, Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY.. 19; 1993 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: ALAMO IMPROVEMENT ASSOCIATION, et al. ATTORNEY: Zach Cowan Attorney at Law Date received ADDRESS: 655 Sutter Street, Ste. 200 BY DELIVERY TO CLERK ON December 17, 1992 San Francisco, CA 94102-1029 BY MAIL POSTMARKED: hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December .23, 1992 EYIL BATCHELOR, Clerk DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2.. (V-1 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: (p Ig4Z BY: CDeputy. 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 (v J 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. �A (� Dated: Y JAN `� 1993 PHIL BATCHELOR, Clerk, B 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. *For additional warning see reverse side, of this notice. 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: JAPE 2 0 1993 BY: PHIL-BATCHELOR b Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: ZILCH COW A Q fj Re: Claim Of A►-ANO �+��cae v+��,�t' Assoc cid' �ov� 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 circum- stances of the occurrence or transaction which gave rise to the claim asserted. v,"4. The claim fails to state the nanie(s) of the public employee s causing the injury, damage, or loss, if known. S. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less that 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 ($10,000) , the claim fails to state whether jurisdiction over the claim woulc rest in municipal or superior court. 6. The claim is not signed by the claimant or by some person on his behalf. 7. Other: VICTOR J. WESTMAN, County Counsel By• �. Dep ounty ounse CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evid. C. §$ 641, 664 ) My business address is the County Counsel's Office of Contra Costa County, Co.Admin.Bldg. , P.O. Box 69, Martinez, California 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid . thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: January 6, 1993 , at Martinez, California. Y r ' V Kathy Yount cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFF� :NCY OF CLAIM: GOVT. C. ' §§ 910, 910 . 2, 92.0 . 4 , ^! C . 3 ,3 . TO: BOARD OF SUPERVISORS , FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: January 19, 1993 SUBJECT: AMENDMENT TO AGREEMENT FOR REAL PROPERTY SERVICES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Amendment to Agreement for Real Property Services dated January 19, 1993, with Joyce L. Diaz & Associates to provide real estate services for various projects throughout the County. B. AUTHORIZE the Public Works Director to execute the Amendment on behalf of the County. II. Financial Impact: The Agreement for Real Property Services dated July 1, 1992, between the County and Joyce L. Diaz &Associates is amended to increase the payment limit from $50,000 to$100,000. Costs will be charged directly to various road, flood control and other projects which require real estate services on an "as needed" basis. No general funds will be required. III. Reasons for Recommendations and Background: The Public Works Department requires the continued services of Joyce L. Diaz &Associates for projects currently underway and for various future projects throughout the County. The Amendment will enable the Agency to process invoices received for work completed by the Contractor in an orderly manner. IV. Consequences of Negative.Action: Negative action will result in the County's inability to pay Contractor for services performed in a timely and efficient manner Continued on Attachment: SIGNATURE: ` _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JAN 19 1993 APPROVED AS RECOMMENDED )e, OTHER VOTE OF SUPERVISORS >e, UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: c:BOdj.t12 I hereby certify that tnis is N true and correct copy :0 Orig. Div: Public Works (R/P) an action taken' and entered on the minutes of the Contact: L. Lucy Owens(313-2229) Board of Supervisors on the date shown. ED: JAN 19 1993 cc: County Administrator PHIL BATCHELOR,Clerk of the Board Auditor-Controller (via R/P) of Supervisors and County Administrator P. W. Accounting p I 6y _ Arts-e a w�; .t/t ,pgpub J xs>su �"•. � .. xsj G ca " 0) Oo o 0 oV rn tU ti - v a� ON cr U s cc' * `n d � N 7�0 tL Y Opp r CO t1a ' o N.R9 �y ( U U � G zweh Ewan • 0 0 4 ' RECEIVED Attorney a8 Low- DEC 171992 415.202.9789 FAX 202.9790 CLERK BU.� D OF SUPERVISORS CONTRA COSTA CO. 655 Sutter Street Suite 200 San Francisco California 94102-1029 .�58! 17 December 1992 Clerk, Board of Supervisors Contra Costa County County Administration Building 651 Pine Street P.O. Box 911 Martinez, CA 94553 Re: NOTICE OF INTENTION TO COMMENCE LAWSUIT Alamo Improvement Association, et al. v.tBoard of Supervisors, et al. Dear Clerk: Please take notice that Alamo Improvement Association and Alamo Citizens for Responsible Growth intend to commence an action against the Board of Supervisors and County of Contra Costa pursuant to Public Resources Code §21000 et seq., and Government Code §65300 and §66410 et seq., challenging the .approval of the development agreement for the "Alamo Summit" project. This notice is provided pursuant to Public Resources Code §21167.5. Very truly yours, Zach Cowan Attorney for Petitioners Tach 06-wan i • 0 0 4<. t Attorney at Law 415.202.9789 FAX 202.9790 RECEIVED 655 Sutter Street Suite 200 DEC 2 91992 San Francisco California CLERK BOARQOF SUE'ERVlSORS 94102-1029 CONTRA COSTA CO. 680 17 December 1992 Clerk, Board of Supervisors. Contra Costa County County Administration Building 651 Pine Street P.O. Box 911 Martinez, CA 94553 Re: NOTICE OF INTENTION TO COMMENCE LAWSUIT Alamo Improvement Association, et al. v. Board of Supervisors, et al. Dear Clerk: Please take notice that Alamo Improvement Association and Alamo Citizens for Responsible Growth intend to commence an action against the Board of Supervisors and County of Contra Costa pursuant to Public Resources Code §21000 et seq., and Government Code §65300 and §66410 et ,seq., challenging the approval of the development agreement for the "Alamo Summit" project. This notice is provided pursuant to Public Resources Code§21167.5. Very truly yours, Zach Cowan Attorney for.Petitioners C"1 ito n rn .� an\a.s..- t r.B Q , 4Q C � fY `,3 ` DEC 2 81992 CLAIM ��� COUNSEL r BOARD OF SUPERVISORS OF CONTCOON RA COSTA COUNTY, CALIFORNIA MARTINEZ, eAUFL Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 19, 1993 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $5,000 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GODEC, Frank and Clarell.a ATTORNEY: Date received ADDRESS: 829 Shevl.in Drive BY DELIVERY TO CLERK ON December 18, 1992 (hand delivered E1. Cerrito, CA 94530 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED A December .23, 1992 BAIL BATCHELOR. 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: �' w�-+-y ! 1 �S'Z BY: `' w?d C of 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: 'JAN 19 1993 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. *For additional warnina see reverse side of this notice. i AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and. at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 2 0 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator _ I -C],ailt .to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY - INSTRUCTIONS TO CLADiANT 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 ?0 . a � � e � � � * � � � a � � see * ae � � * • +ase * � a � � � a � � � � * � � � � RE: Claim By ) Reserved for Clerk's filing stamp E� GD , )Ig57nj Against the County of Contra Costa ) DEC 1 61992 o ) CLERK BOAR©OF SUPERVIS District) CONTRA COSTA CO.� Fill in name ) The undersigned claimant hereby makes elai inst the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury,occur? (Include city and county) 3. How did the a or injury occur? (Give full details; use extra paper if required 4. What particular act or.cmission on the part of county or district officers, servants or employees caused the injury or damage? (over) t ' y County Counsw /. • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNI'►i - 81993 Claim Against the County, or District governed by) tw'eirrinez. "i&448$3)N the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT January 19 , 1993 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: $250,000 .00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: JOHNSTON, Bruce ATTORNEY: Glynn N. Parmley John E. Hill Date received ADDRESS: Morris Taylor and Hill BY DELIVERY TO CLERK ON ----D—ecember 29 , 1992 One Bush Street , Suite 200 / December 28 1992 San Francisco, CA 94104. BY MAIL POSTMARK D: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH gg DATED: January 8 . 1993 BIL DeputyLOR, Clerk OIX"142 I1. FROM County Counsel TO: Clerk of the Board of Supervisors (✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( *9 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: 3 BY l': ♦ 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: JAN 19 1993 PHIL BATCHELOR, Clerk, 8y 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. *For additional warnina see reverse side of this notice. 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 I United States, over age 18; and that today I deposited in the United States Postai Service in Martinez, i California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 2 ® 1993 BY: PHIL BATCHELOR b Deputy Clerk i CC: County Counsel County Administrator r MOBI3IS TAYL013 & HILL ATTORNEYS AT LAW ONE BUSH STREET,SUITE 200 SAN FRANCISCO,CALIFORNIA 94104 TELEPHONE SAN SQ-UARE OFFICE (415)291-0800 574 PACIFIC AVENUE FACS324=-s+' SAN FR•NCISCO,CA 94133 (415)291-0553 RECEDE® December 28, 1992 DEC 2 91992 Clerk, Board of Supervisors '. Contra Costa County CLERK BOARD OF SUPERVISORS d 651 Pine Street CONTRA COSTA CO. Martinez, CA 94553 Re: Claim of Bruce Johnston Dear Clerk: Please file the enclosed Claim of Bruce Johnston in the above- referenced matter and return a file endorsed copy to me in the enclosed envelope. Thank you for your courtesy. I Very truly yours, GLYNN N. PARMLEY Assistant to John E. Hill GNP i Enc. i i I I I RECEIVED DEC 2 9 092 CLERK BOARD OF SUPERVISORS IN THE MATTER OF THE CLAIM OF ) CONTRA COSTA CO. BRUCE JOHNSTON ) AGAINST THE COUNTY OF CONTRA COSTA ) Claimant, Bruce Johnston hereby makes claim against the County of Contra Costa in the amount of $250,000. 00 and in support of that claim states: 1. When did the injury or damage occur? June 28, 1992 . 2 . Where did the damage or injury occur? Merrithew Memorial Hospital 2500 Alhambra Avenue, Martinez, California. 3 . How did the damage or injury occur? Claimant, Bruse Johnston was admitted to Merrithew Memorial Hospital. on June 28, 1992 with abdominal pain and was not property diagnosed, treated or cared for. As the result of the negligent treatment administered to claimant he suffered from a ruptered appendix and bowel explosion. 4 . What particular act or omission on the part of the City of Oakland, -its servants, or employees caused the injury or damage? The failure to properly train, supervise and control, employees of Contra Costa County at Merrithew Hospital and the negligent treatment administered to claimant. 5. What are the names of the public employees causing the damage or injury? Unknown at this time pending acquisition of the medical records. r 6. What damage or injuries do you claim resulted? As a direct and proximate result of defendants' conduct as alleged above, plaintiff has suffered injury, mental and physical pain and suffering, and other injuries 21211 1 i 7 . How was the amount of the claim computed? Claimant claims $250, 000. 00 in general damages. The exact amount of claimant's special damages, for ambulance services, emergency medical care and subsequent medical treatment are not presently known. Claimant's claim exceeds the jurisdictional limits of the Municipal Court. 8. Names and addresses of witnesses, doctors and health care providers: Merrithew Memorial Hospital 2500 Alhambra Avenue, Martinez, California. 9. Name and address of claimant: Bruce Johnston c/o John E. Hill 900 Montgomery Street, San Francisco, California 94111. 10. Send notices to: John E. Hill, Esq. 900 Montgomery Street San Francisco, CA 94111 Dated: 2 igned by or on behalf of Claimant JOHN E. HILL i I I I 21211 2 i i � , i :CLAIM DEC 2 92 '+ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA �;OUNTV OoUN&L:t MARTINEZ CALIFL Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 19, 199:3 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, JOHNSTON, Bruce ATTORNEY: Peter W. Al.fert, Esq. Hinton & Al.fert Date received ADDRESS: 1646 North California Blvd. #600 BY DELIVERY TO CLERK ON December 22, 1992 Walnut Creek, CA 94596-4113 BY MAIL POSTMARKED: hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: December'--23, 19.92 ��jIL Dep�tyLOR, Cle II. FROM: County Counsel , TO: Clerk of the Board of Supervisors ( {� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days. (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: . I Dated: �ac.K.u. G 19 9 3 BY: �. Deputy County Counsel III. FROM: Clerk of the Board T0: 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: 'JAN 19 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect' 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. *For .additional warning see reverse side of this notice. 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. i Dated: . JAN 20 1993 BY: PHIL BATCHELOR by Deputy Clerk of CC: County Counsel County Administrator RECEIVED DEC 2 21992 f 2 CLERK BOARD OF SUPERVISORS CON-RA COSTA CO. 3 4 5 6 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 7 d/b/a MERRITHEW MEMORIAL HOSPITAL 8 9 10 In The Matter Of: ) CLAIM AGAINST THE COUNTY OF 11 ) CONTRA COSTA d/b/a MERRITHEW BRUCE JOHNSTON, ) MEMORIAL HOSPITAL 12 ) [Calif. Gov. Code §910] 13 Claimant. ) 14 The above named Claimant acting by and through himself, 15 hereby makes the following claim against: 16 CLERK, BOARD OF SUPERVISORS 17 County of Contra Costa d/b/a MERRITHEW MEMORIAL HOSPITAL 18 651 Pine Street Martinez, California 94553 19 20 This claim is presented by claimant BRUCE JOHNSTON. 21 Notices concerning this claim should be sent to attorney 22 Peter W. Alfert, c/o Hinton & Alfert, 1646 North California 23 Blvd. , Suite 600, Walnut Creek, California 94596-4113 , Telephone: 24 (510) 932-6006. 25 At all times herein mentioned, COUNTY OF CONTRA COSTA was a 26 public entity doing business as MERRITHEW MEMORIAL HOSPITAL, and 27 organized and doing business under and by virtue of the laws of 28 the State of California, licensed as a hospital by the State of 1 j rt 1 California, and engaged in the general hospital business in the 2 City of Martinez, County of Contra Costa, State of California. 3 On June 28, 1992, BRUCE JOHNSTON was admitted as a patient 4 at MERRITHEW MEMORIAL HOSPITAL and was under the care of Jeffrey 5 Smith, M.D. , Michael Todd, M.D. , and Cynthia Ashbrook, M.D. for 6 the purpose of diagnosing and treating localized severe abdominal 7 pain. As a direct and proximate result of the negligence and 8 carelessness of MERRITHEW MEMORIAL HOSPITAL, its agents and 9 employees, including Doctors Smith, Todd, and Ashbrook, in 10 failing to diagnose and treat a number of conditions, including 11 but not limited to appendicitis, ruptured appendix, and other 12 complications arising from those conditions and other conditions, 13 claimant BRUCE JOHNSTON suffered personal injuries including but 14 not limited to severe infection, pain, nerve, muscle and tissue 15 damage and loss requiring extensive surgery and hospitalization. 16 As a proximate result of the negligence described herein, 17 claimant BRUCE JOHNSTON has suffered and continues to suffer pain 18 and suffering, sexual dysfunction, bowel obstructions and other 19 problems. As a proximate result of the negligence described 20 herein, Mr. Johnston also suffers a greater chance of developing 21 colitis. 22 MERRITHEW MEMORIAL HOSPITAL and its agents and employees 23 negligently screened the competency of its medical staff and 24 negligently failed to evaluate the quality of the medical 25 treatment rendered on its premises, resulting in the herein- 26 described injuries and damages. 27 The amount of damages sought by the claimant as of the date 28 of the presentation of this claim is sufficient to establish 2 1 jurisdiction in the Superior Court of the State of California. 2 These damages consist of general and special damages, including 3 but not limited to medical expenses, future medical expenses, 4 loss of earnings and earning capacity, interest and incidental 5 expenses. 6 Date: December aa. , 1992 7 a. 8 BRUCE JOHNSTO Claimant 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 I PROOF OF SERVICE BY PERSONAL DELIVERY 2 I declare that: 3 I am employed in the County of Contra Costa, California. I 4 am over the age of eighteen years and not a party to the within 5 cause. My business address is 1646 No. California Blvd. , Suite 6 600, Walnut Creek, California 94596-4113 . 7 On December 22, 1992, at the address listed below, a copy of 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA d/b/a MERRITHEW MEMORIAL 9 HOSPITAL was personally handed to the attorneys and/or parties to 10 this action during normal business hours, as follows: 11 CLERK, BOARD OF SUPERVISORS County of Contra Costa d/b/a 12 MERRITHEW MEMORIAL HOSPITAL 651 Pine Street 13 Martinez, California 94553 14 I declare under penalty of perjury that the foregoing is 15 true and correct, and that this declaration was executed on 16 December 22 , 1992 at Walnut Creek, California. 17 18 19 Trina Steele/ 20 21 22 23 24 25 26 27 28 1 CLAIM DEC , BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA '' CQUNTY COUNS Claim Against the County, or District governed by) BOAiRIQAUP' the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 19, 1993 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: $100,000 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ZIERER, Elizabeth ATTORNEY: Michael. C. Johnson, Esq. Johnson & Associates Date received ADDRESS: 690 Market Street, Ste. 1000 BY DELIVERY TO CLERK ON December 17, 1992 San Francisco, CA 94104 certified BY MAIL POSTMARKED: December 15, 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Cler DATED: December 23, 1992 811: 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: G 1 9 93 BY: �• Deputy County Counsel f t I 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 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: IJAN 19 1993 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. i 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. *For additional warning see reverse side of this notice. 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. JAN 2 0 1993 Dated: BY: PHIL BATCHELOR b Deputy Clerk I CC: County Counsel County Administrator 1 Michael C. Johnson, Esq. RECEIVED JOHNSON & ASSOCIATES 2 690 Market Street, Suite 1000 DEC 1 San Francisco, California 94104 3 Telephone: (415) 788-3798 CLERK BOARD OF SUPERVIS !�nL 4 Attorneys for Claimant CONTRA COSTA CO. 5 6 7 8 CLAIM AGAINST COUNTY OF CONTRA COSTA 9 10 11 ELIZABETH ZIERER, ) CLAIM AGAINST COUNTY 12 ) OF CONTRA COSTA Claimant, ) 13 ) VS. ) 14 ) COUNTY OF CONTRA COSTA, ) 15 ) 16 Defendants. ) 17 TO: COUNTY OF CONTRA COSTA ITS AGENTS, AND ATTORNEYS: 18 Claimant ELIZABETH ZIERER, hereby makes claim against 19 the COUNTY OF CONTRA COSTA for the sum of $100, 000 and makes the 20 following statements in support of said claim. 21 1. Claimant's address is 5863 Birch Court, Apt. D. , 22 Oakland, Ca. , 94618. 23 2 . Notices concerning this claim should be sent to 24 Michael C. Johnson, JOHNSON & ASSOCIATES, 690 Market Street, 25 Suite 1000, San Francisco, Ca 94104. 26 3 . The circumstances, date and place of the occurrences 1 1 giving rise to this claim are as follows: On or about June 28, 2 1992, plaintiff, while dining at the BOUNDARY OAKS RESTAURANT, 3 suffered injury when she slipped and fell on a step leading to 4 the buffet table, which was negligently maintained and installed 5 substandard to building code requirements. 6 4. As a direct and proximate result of the foregoing, 7 Claimant suffered injury to her leg and has suffered physical .8 pain, discomfort, anxiety, and mental suffering thereupon. 9 5. As a further direct and proximate result of the 10 foregoing, Claimant has been required to, and continues to 11 obtain medical care by emergency medical personnel, surgeons and 12 physicians. The exact amount of the cost of the aforesaid 13 medical care is unknown at this time, as plaintiff is still 14 seeking medical treatment. 15 6. As a further direct and proximate result of the 16 foregoing, claimant was unable to attend to her usual occupation 17 and has suffered lost wages. 18 7 . Jurisdiction of this matter will be in the Superior 19 Court of Contra Costa County. 20 9. Other than the foregoing, additional basis of 21 computation of the claim herein is not capable of complete 22 documentation at present, however, such shall by provided as 23 soon as available within the period provided by law for 24 determination of this claim. 25 10. Attached hereto and made a part hereof are such 26 documents, photographs, and copies of such material Claimant has 2 1 obtained to date in support of his claim. 2 DATED: ( �' I SIO( '� JOHNSON & ASSOCIATES 3 4 MICHAEL C. JOHN 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 x r S t y� t��r }• y ' � a�' tit � _t •.; �. - :. r kt p s � �S�•. +'n�� � ; r _<_ a � - 77-14 Vi . t \ ✓ o i t B! i .�•' 1...•1•.�11. 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