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MINUTES - 10121993 - 1.1 (3)
CLAIM SEP [ 3 1933 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA COUNTY COUNSEL Claim Against the County, or District governed by) BOARD ACtiAIONVEZ,CALIF f_. /o the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT OCTOBER 12, 1993 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Gove- .7-Z't C ) 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: Mercury Insurance Group (Willie Thomas, Insured Claim No. LB001679-20) ATTORNEY: Date received ADDRESS: P.O. Box 10730 BY DELIVERY TO CLERK ON September 10, 1993 Santa Ana, CA 92711-0730 BY MAIL POSTMARKED: via Counsel 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 13, 1993 BUIL BATCHELOR, Clerk DATED: eputy I1. FROM: County Counsel TO: Clerk of the Board of SbperVlsors ( ) This claim complies substantially with Sections 910 and 910.2. ( 1,f 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: t. /,It Deputy County Counsel 11I. 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 0 IR: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 12 1993 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. *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 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 18 1993 ; BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator i OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON �'� „• ANDREA W. CASSIDY COUNTY ADMINISTRATION BUILDING VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS MICHAEL D. FARR VICTOR J. WESTMAN MARTINEZ, CALIFORNIA LILLIAN T. FUJII COUNTY COUNSEL 94553-0116 DENNIS C. GRAVES GREGORY C. HARVEY SILVANO B. MARCHESI TELEPHONE (510) 646-2074 KEVIN T. KERR ARTHUR W. WALENTA, JR. FAX (510) 646-1078 EDWARD V. LANE, JR. ASSISTANTS MARY ANN M. MASON PAUL R. MUNIZ September 16, 1993 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Mercury Insurance Group P.O. Box 10730 Santa Ana, CA 92711-0730 RE: CLAIM OF: Willie Thomas (Insured) 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. [xx] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [xx] 4 . The claim 'fails to state the name(s) of the public employee(s) causing the .injury, damage, or loss, if known. [xx] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ( $10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as 1 i I I known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6 . The claim is not signed by the claimant or by some person on his behalf. [xx] 7 . Other: Please check the requirements for a proper claim to be filed with a Government entity. Please see Sections 910 and 910.2 of the Government Code. We need to know the basis of the claim against Social Services, i .e. , the act or failure by the agency that was legally improper. Governmental tort liability is purely statutory. It is not sufficient to claim that the alleged person who did your insured wrong was "in the custody of social services . " VICTOR J. WESTMAN, County Counsel By: De y Coun y Coun 1 I I CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 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 addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: September 16, 1993 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE SS 910, 910.2, 920.4, 910.8) I i Ilk Mercury Insurance Group P. 4. Box 10730 • Santa Ana, CA 92711-0730 • 714WI4671 213/515-1156 8181241-4W4 Augus.t:-.�,,9..p�7- 993: eta Social Service Department of C��CE�,.��.= Contra Costa County ' O 3045 Research DriveSe CEP Richmond, CA 94806 � 11<BOARD OF SUPERV'SORS Attention: Paula Hollowell-Dhar _ONTP�A CO,TA CO. REF: Your Ward Antwan:Saucer, Date-�"of-'Loss : "3'- 18'-93 ,Our,,,,-Insured : =Willie :Thomas Our Claim No. : LB001679-20 Dear Ms. Hollowell-Dhar: Please find attached the repair bills and drafts copies for the above referenced loss. Because Antwan- Saucer is under the custody of the Social Service Department of Contra Costa County, Mercury. looks for reimbursement of our insured' s damages resulting from the theft of our insured' s vehicle on March 18 , 1993 . If you require further, information, please feel free to call me. Thank you for your prompt attention to this matter. Regards. MERCURY INSURANCE C MPANY Rosalyn Foster Subrogation Specialist `+' r� (7 14) 671-4641 �' ' `; r - AUG 1 2 .1993 RF/imw '-OCIAL.SERA, CE:DEPARTMEN i Enclosures 3345 RESEARCH DRIVE RICHMOND,CALIFORNIA . 41.5,8 8 � 03-3341 MERCURY INSURANCE GROUP KEY BANK OF NEW YORK 2001 1002 7 2 2s- 66 South Pearl Street MERCURY INSURANCE COMPANY Albany, New York 12207 CLAIM NO: LB001679-20 POLICY NO: AP49002907 MAY 19, 1993 INSURED: WILLIE H THOMAS CLAIMANT: PAY FIFTY SEVEN AND 50/1 00 NotLYjpkNSON $ *******57.50 MAY/�( ` 9 199 (NOT VAUD AFTER a MONTHS.) TO WILLIE H.THOMAS IN FULL SETTLEMENT OF COMP CLAIM(S) THE 72 DOVER COURT C�jMs ARISING OUT OF INCIDENT ON 03/18/93 ORDER DALY CITY,CA 94015 \ OF ht. - NOT NEGOTIABLE , SIGNATURE COVERAGE PYUiIT YYPE AMOl1NT ADJUSTER SUgRO AGENT AGENT NAME _. CODE \a CP F 57.50 3341 3949 DONALDSON INS. G FILE COPY PAYABLE THROUGH 16-77 s UNION BANK 35W west ane Ave. 1220 &�JV Mercury Insurance Group , Burbank, CA 91505 I O N 89491 ❑ Mercury Casualty Company -02 Mercury Insurance Company -01 California Automobile Ins. Co. -03 ElCalifornia General Und. Ins. Co.-04 ISSUED AT:�i f i:SC DATE (p-/(•9,73 INSURED:W, I{,ePOLICY NO.: CLAIMANT: CLAIM NO.Le9_ZC AT SIGHT PAY Vntvt I r IId yam( / l � � I f �' �� 1-/(r� � DOLLARS $ c'T�Tr 1 --�TTvOIDAFfER SIX6 fl WNTAs i IN SETTLEMENT OF P CLAIM(S) TO 11,_ fs u1 I ARISING OUT OF ACCIDENT ON 2-18-q'3 THE 'C[�11, tO Mercury Insurance Group-,CLAIMS ACCOUNT ORDER RQaA OF rEL �'� .'F'� ',U11E��:U'U& ° '`7 _ f SIGNATURE' FILE COPY AGENT AGENT CODE S(q COVERAGE AMOUNT PYMT.TYPE ADJUSTER P—F—A CODE NUMBER 43 2 , - i CDM-1 3/89 ( APPROVED rmlflu.r_ 1220 03-3341 Mercury Insurance Group UNION BANK e35�wes1CA 191505ve. NO �• f-: . �� ` ;J4_. =_RCURY INSURANCE COMPANY POLICYNO.: AP49002907 795971 CLAIM NO-: L13001679-20 ISSUED AT: cAN JOSE DATE 03/31 /93 INSURED: WILLIE H THOMAS CLAIMANT: AT SIGHT PAY THREE THOUSAND SEVENTY SEVEN AND 20/100 DOLLARS $ '�***3.• 077 • 20 -VOID AFTER SIX(6)MONTHS IN FULL SETTLEMENT OFCOMP CLAIM(S) TO HACK' S AUTO BODY & ARISING OUT OF ACCIDENT ON 03/18/93 THE 4S I LL I E H THOMAS ercUry Insurance Group—CLAIMS ACCOUNT ORDER j 1 8 MONTEREY RD. OF PAC IF I CA CA 94044 /If P2W*GjTAL GNATURE kQ4;0J1 1 AGENT AGENT CODE DONALDSON INS. C/., "J� 3949 COVERAGE AMOUNT PYMT.TYPE ADJUSTER P—F—A CODE NUMBER Cr 3, 077 . 20 F 3341 FILE COPY :DC-1 3/89 APPROVE PAYABLE THROUGH 16-77 AftUNION BANK 35w west Olive Ave. 1220 03-3341 Mercury Insurance Group Burbank OA 91505 .: AP49002907 NO 6 255850 _ POLICY NO RCURY INSURANCE COMPANY 80181 CLAIM NO.: L5001679—EO ISSUED AT: SAN JOSE DATE 04/14/93 INSURED: WILLIE H THOMAS CLAIMANT: SUPPLEMENT AT SIGHT PAY FOUR HUNDRED FIFTY AND 77/100 DOLLARS $ ******450 . 77 VOID AFTER SIX(6)MONTHS IN ADDL . SETTLEMENTOFCOMP CLAIM(S) TO HACK'S AUTO BODYA-61SINGOUTOFACCIDENTON 03/18/93 THE 1 1 8 MONTEREY RD . i Me,rcurl insurance Group—CLAIMS ACCOUNT ORDER PACIFICA CA 94044 % OF /.._ TINE I • slG rf F: AGENT DONALDSON INS. icy AGENT CODE 3949 YMTPE ADJUSTER COVERAGE AMOUNT P FTM A CODE NUMBER CP 450 . 77 F 3341 FILE COPY DC-1 3/89 APPROVE z::MET WMMTANHOUSK S in",Tu�ti Executive.Duector,- f'„� �KnwoadDeVore--.- CLAIirS Administrator Elaine Hudson ,c:'285 Sunshine Drive Pacifica,California 94044 (415) 35545 8 "July- 2,1993 Holly Johnson Mercury Insurance Group P.O.Box 49008 San Jose, CA 95161 f - i Ms. Johnson, Pursuant to our conversation over the phone, where in we shared with you that we were only caretaker for the County of Contra Costa Social Service Department. Please forward all matters having to do with Antwan Saucer to Paula Hollowell-Dhar at the Social Service Dept. at 3045 Research Dr. , Richmond, Ca. 94806-5206, she can be contacted by phone at 1(510) 262-5135. If we can be of any further assistance in this matter please contact us at 415- 333-9600. Sincerely, 7, ” Nor Norman Garrett ZYf0 Asst. Director f `fl/( a ��vsO/V METROPOLITAN HOUSE i i Mailing Address: P. 0. Box 12190; San Francisco, California 94112 E - M RTi €Z - +1 IS AT H A t D 11 7 rn 1� + 1 ? Q U2.p P z {y C (y m �S$isco woo 470"0 _CD C CC m D D C `^rte i+ 0 tl � m D Z [ t a p ; z D m -A m, Cy N J�J o a a O T,1 � �g O m lop Lo Yll v4 0 > , 1 03-3341 MERCURY INSURANCE COMPANY P.O. BOX 49008 101AY SAN JOSE CA 95161 WILLIE THOMAS 72 DOVER COURT DALY CITY CA 94015 � DATE: 04/28/93 CLAIM NO: LB001679-20 OUR INSURED: WILLIE H THOMAS DATE OF LOSS: 03/18/93 Dear WILLIE THOMAS We are investigating this accident and will appreciate your assistance. Please provide us with the information requested below. i ( ) Give us, on the enclosed form, your complete report of this accident. ( ) Your name walls given to us as a witness of the accident that occurred on the above date. Please complete the enclosed form to assist us in our investigation of this accident. Some information may not apply or will not be known by you. Please leave those spaces blank. ( ) Call me at the phone number below Monday through Friday between 9:00 a.m. and 4:00 p.m. ( ) Please decide upon a repair shop of your choice and call me three working days in advance before taking your car in for repairs. This will enable us to schedule your vehicle inspection with one of our appraisers. ( ) Give us the name of your Insurance Company: Policy Number Agent Address Telephone Number Have you reported this accident to your Insurance Company or Agent? Yes No If you are not:insured, so indicate I am not insured. ( ) Forward two competitive estimates of the damage to your vehicle. ( X ) PLEASE SEND IN YOUR TOW RECEIPT AND YOUR RENTAL CAR RECEIPT. ONCE THESE ARE RECEIVED WE CAN REIMBURSE YOU. THANK YOU. Thank you for your prompt reply and cooperation. Very truly yours, HOLLY JOHNSON (408) 879-5515 j I Claims Department C-17 Rev. 10/86 ZgeeA -,�mBr�NAMFMgx�aVirWWNUItPAt4c.q)(.Rf,ATION DATE NAME AND CITY OF AAA CLUB CLUB j t 19 r z N OTHER IRAN CSAA CODE u:3 u Lj S)8 14'1 W9.2 7/9 3*PV SERVICE DATE SERVICE DATE VEF111CLE TROUBLE I,ONE) Li Tl Flat CD CLUB 0 T-i- F!atlsj No Spate --I STA.NO. LJ T-3 Dead Battery i CODE I ATION T-4- Out of Ga, LO ISSUE CARLI ;,S k%,fAi3Li; RECEIPT 31958703 5 T-5- Cant Star, NO, I T-6 Lock O RECEIPT ON'C-CL.---'! (y) Li -�AA PLU"M ----TT T-7 Lost Key: SERVICE CALLS 01 AL $ T-10 Tow DF (y) LOCATION OF DISABLED VEHI Wheel Lift Recover}, �"pNO. For K- conventiOnal L-_AcCicient j Carriet 'Dalty Tow -4 i 1) IMA :.CARO E ICL VEHICLE 1OWED TO CITY 0 Drop Driveshaft I -ALL NO. Ti PM g7 Special Auth, L—;ERS Supv-Appr, ,OTALWESTOVEMIdLE TMAE ARRIVED AT VEHICLE- mEk"- 'S SIGNATURE KA By: AM vj� CANCELLED CALL: SEDRIVER TOTAL TIME AT VEHICLE MAILING ADDRESS GTN' L-j T-8 EJ NSR CDF*S 'F8031 0 VOID OMRS I-ONLY 170 L< 9q By: Nfercxiry Insurance Group ) ESTIMATE OF DAMAGE INSURED ��� I t.�.I C t�+ 'V�'�Cr DATE: Z� r! �62 3 CLAIM NO.: I C' 10,–Z C) I CLAIMANT CAR �y C i CLC vL _ � ✓.l\ ✓. l S.] C�f�� Year & Make Color Style Speedometer I.D. No. License VEHICLE INSPECTED AT. f Ck' .� t LABOR LABOR PARTS AND SUBLET REPAIR REPLACE DETAILS OF REPAIRS AND/OR REPLACEMENTS TO BE MADE PAINT HOURS MAT`cRJAL AND NET (UST =CJCE) ITEMS I .% � � ✓, u �' (ZloTs'; I i I TME WRITING OF THIS ESTIMATE DOES NOT CONFI IM COVERAGE OR GUARANTEE OR IMPLY ACCEPTANCE OF LIABILITY. THIS ESTIMATE IS FOR THE REPAIR OF DAMAGE CLAIMED BY THE OWNER OF THE VEHICLE,AND THIS ESTIMATE IS NOT AN ADMISSION THAT T E.DAMAGE RESULTED FROM THE ALLEGED ACCIDENT. NO SUPPLEMENTS WILL BE HONORED NRTHOUT PRIOR APPROVAL NOTE: THIS IS NOT AN AUTHORIZATION TO REPAIR. RECAPITULATION THE UNDERSIGNED REPAIR FACILITY AGREES TO REPAIR THIS ( ^ VEHICLE USING INDUSTRY ACCEPTED EQUIPMENT AND REPAIR LABOR .7'XO Hrs. @$ $ c C,( Z �� METHODS, AND TO COMPLETE AND GUARANTEE SAEE REPAIRS PARTS $ Less—% ($ ) _ $ 1 2 %f AT A PRICE OF $ '(J SCT7 INCLUDING ALL CHARGES SUBLET $ INCIDENTAL THERETO. OTHER CHARGES, Towing and Storage $ `� REPAIR SHOP: Ocl h 4 i `�`� ' (cl TACY% ON ($ I?+ 31 J = / (C' ADDRESS: �JL�S c L• �'�<<C� 9`Fc GRAND TOTAL ,`7 AGREED PRICE BY: DED. $ Depreciation $ _ ADJUSTER: �� �, �` I S ,`7 Ll-.S SZ NET TOTAL C-1 Rev.3/92 Mercury Casualty Company • Mercury Insurance Company Mercury Insurance Comoanv of Georcia • Mercury Insurance Company of Illinois POWMercury Insurance Group > ) ESTIMATE OF DAMAGE INSURED V" I I C)ro 11,S DATE: �� "( J CLAIM NO.:W C l y v CLAIMANT ;� n ^ ,`_ , L� /� t CAR L "L Y IY N ���rl �/4'��111 c � cb' l FN'6 oww �— Year & M ke Color Style Speedometer I.D. No. License VEHICLE INSPECTED AT. G 7 BOR LABOR PARTS AND SUBLET °AIR REPLACE DETAILS OF REPAIRS AND/OR REPLACEMENTS TO BE MADE PAINT HOURS MATERIAL AND NET (LIST PRICE) ITEMS .33r� l C'T- /. 2-� c% �`3 •S I 1ILAL UO ` �•� v3 u�- I THE WRITING OF THIS ESTIMATE DOES NOT CONFIRM COVERAGE OR GUARANTEE OR IMPLY ACCEPTANCE OF LIABII,". THIS ESTIMATE IS FOR THE REPAIR OF DAMAGE CLAIMED BY THE OWNER OFTHE VEHICLE,AND THIS ESTIMATE IS NOT AN ADMISWN THAT THE.DAMAGE RESULTED FROM THE ALLEGED ACCIDENT. NO SUPPLEMENTS WILL BE HONORED WITHOUT PRIOR APPROVAL NOTE: THIS IS NOT AN AUTHORIZATION TO REPAIR. RECAPITULATION THE UNDERSIGNED REPAIR FACILITY AGREES TO REPAIR THIS l VEHICLE USING INDUSTRY ACCEPTED EQUIPMENT AND REPAIR LABOR 1 Hrs. @$ S�� _ $ METHODS, AND TO COMPLETE AND GUARANTEE SAFE REPAIRS PARTS $ Less% ($ ) _ $ ' AT A PRICE OF $ INCLUDING ALL CHARGES SUBLET ^�� ?�?. . d t (os $ INCIDENTAL THERETO. OTHER�C,H AGES, Towing and Storage $ REPAIR SHOP: i TAKCIL � ON ($�L�t y ADDRESS: Q V/A_ =�' I 57OL4� . GRAND T AL O AGREED PRI E BY: DED. $_D . Depreciation $ ADJUSTER: - A Y`G NET TO AL -) Rev.3/92 Merc�� X—LI 0 ,Casualty Company 9 Mercury Insurance Company t CLAIM SEP 1 4FA Q 111PERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Claim Against the ounfyl;NpVrCDJ%9Lict gove ned by) BOARD ACTION the Board of Sup.ervic ,4 ART"F' F' nts, ) NOTICE TO CLAIMANT OCTOBER 12, 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of _California Government Codes. _'1e -cStion tt�en 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: MANKO, Mary- ATTORNEY: ary ATTORNEY: Date received ADDRESS: 753 Beatrice St. BY DELIVERY TO CLERK ON September 14, 1993 Brentwood, CA 94513 BY MAIL POSTMARKED: hand delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: September 14, 1993 BgIL BATCYE OR, Clerksaawr:: epuI1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 1/S 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. BOA7RhR: By unanimous vote of the Supervisors present s Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 12 1993 PHIL BATCHELOR, Clerk, B 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. *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:— OCT 18 1993 BY: PHIL BATCHELOR byIs Deputy Clerk CC: County Counsel County Administrator Claim BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reser ed f r C1 rk's fi ing stamp r RECEIVED 7. Against the County of Contra Costa ) FC.LLCERM SP 14 1993 or ) 1d;is-,,,'. District) OARDOF Si;Pe vi,NTRA 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 $ e"`Ycc`v S OF and in support of this claim represents as follows: 4 2�, d C)C) ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) hq- dctt�q �I vIy -3o, I I Y 3 ftiPvo ( ; 0 0 P vpi , ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) cm VVI cb's(ro ------------------------------------------------------------------------------------ 3. How did the damage or in ury occur? (Give full details; use extra per if required) 9t^ Cali t�C d �p �juro�� o � �Xit _'Z � ! 4"SA `q 66VA 6 CAL Sa'l4"c� cLAA J3 oN Loc a<rr- 6 J lE� 0� i 7v f S o s ------------------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? C-3) v /&Jue m S w � `7� I,` m� � � � Grv�� (over) f 5. What are the names of county or district officers, servants or employees causing the damage or injury? Mak rNvQCs4N rJP,t::V-T[ i S&O1 CSS o � ------------------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give Rill extent of injuries or damages claimed. Attach two estimates for auto damage. phy S�Q� Ali +-i aAJ a C�t�12�cT {�v arc ( v►�,1 �'��N �t-v���2 ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage ) 5s d 2- vv o ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 47- WVW6� c�Jc H-v S,p� GZ 11 C, S -^C cc ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT of La ss (5"' Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) orb some pgrWn on his behalf." Name and Address of Attorney (� Claimant's Signature Z;-3 SF1 �-p—vvw �( C� Address Telephone No ' 2 Telephone No. * * N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA OCT.1 2,1 993 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Amount:$8 38.31 Section 913 and 915.4. Please note all "Warnings". CLAIMANT:MACFARLANE Evie ATTORNEY: Date received ADDRESS:914 Tres Palmas BY DELIVERY TO CLERK ON Se=t_14,1993 ` Martinez, CA 94553 Hand Delivered via Risk Mgnt. BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QHIL geputOR, Clerk DATED: Sept. 20,1993 y �J /,N.,r01 A ' 1 I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Z yu BY: C4 -a"'`' Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORpt< By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. OCT 12 1993 Dated: PHIL BATCHELOR, Clerk, �y . Deputy Clerk WARNING (Gov. code sec n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immedjiately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING 1 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 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid aicertified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 19 1993 BY: PHIL BATCHELORDeputy Clerk CC: County Counsel County Administrator Cia im 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 growingcrops 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 Evie MacFarlane a14 TrPt Palma,, � RECEIVE® Martinez , CA 94553 Against the County of Contra Costa ) SEP 4 10 or ) District) CLERK BOAR RVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ g3g_�� and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) _ About_9_a.m. on May 12, 1993 2. Where did the damage or injury occur? (Include city and county) Spay and Neuter Clinic - Martinez (Contra Costa) California 3. How did the damage,or injury occur? (Give full details; use extra paper if required) Apparent reaction 'to suture material used in performing an ovario-hysterectomy resulting in severe infection of uterine stump �CStump Pyometra") M 4. What particular act orromission on the part of county or district officers, servants or employees caused the injury or damage? Probable reaction1to "catgut" suture material . . %over) D. wnat are the names of county or district officers, servants or employees causing the darn-:ge or in jury? Stephen A. Solomon,! D. V. M. --------------------------------------���.------ ------------------------------ 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Atltach two estimates for auto damage. Infection of the uIerine stump ("Stump Pyometra"). ----------------------- ----- -..r.� -----......�------- -------- 7. How was the amount claimed above computed? (Include the estimated amount .of any prospective injury or damage.) Contra Costa Veterinary- Emergency Clinic. - $145.50 University of Calif. (Davis) Veterinary Referral Clinic $692.81 --------------------- ---�_�_ __-__ .��_.� 838:-31 ------------ $. Names and addresses of witnesses, doctors and hospitals. Veterinary Medical Teaching Hospital Veterinary Emergency Clinic University of California, Davis 1410 Monument Blvd. Dr. Elizabeth Bertoy Concord, .CA 94520 -----------------------r --- --------- ---- -- -------- --- -------- ----- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 8/7/93 Emergency Treatment $145.50 _ 8/14/93 Surgery at Davis $692.81 Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Clai t' ignature (Address) Telephone No. Telephone No. �� � A6 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 bard or officer, or to any county, city or district board or officer, authorized to Jailow 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 ($10,000, or by both such imprisonment and fine. z uw "jump +( .�; 'Y �,d Y nor PON,Mt ,lai r`"t h1U'� t1T -BRIP 4:79 8 904 A Ar" sAm, FlU x �i 1577J x l lcJ !}il aED������� �.�`i'�r"3 hNECK ,U,+ 3 T"i,'' a jy i *59 RAI -ilf I. _a• ti ��� kL f'yi ri� .Y'r fr F ,L,r R 4 •f� 15 jx - An ) K it WR kr4;,co'.'IV�,!,,Yfff T NIWG� N SPITt�� � 7 Y►7�'�'NTY Lli:�f�a�'t° `�`ga s��'kTrW'4a�+ih.,�` +Jf air r�- - x€ ! t n z 'A t� P4/14'�y4��1�i�11 Yt 111r11�2�$'kfL'JL/Li e'��k+�s4�s�j S. �II�J�i'I ' 4W r�-C.,�."�,�.�•,"�w'"}'s�,q+y.��'.�L E�.��iK� J y t)tr�}.��1 t s ��'H -rs"�irn�i'uz�a,-w��,,�'"x�tt`�Yt �Y��3-yF''t��• -x r }�� i IYrc �s•s}�A4�tk .,qrb• tt�� sP�y�..-tt?iigFr�, �?. s 1 � liUV3T �Y`: ,y. t, .�r " s G. , 4 f f�CDV 74`4 Dy i� rAN #pit ��4,13'kX+ : 2 �t t�s�y�i E,•'�krkDi� d?t;L �i4r yp •S Y k _ K rCGQUt�Tr.IdUf�$ Ri� � En�P} R�fi illi 7 <S}flJb 2t7�l t i�L rp i1c9 rl On .Ls; ! `TRAW COBE SDE N U p- 4.}.yew 4 F ----------- VIE' ;t �UGUS, , ,'`1993, 0� 5 IT, r a rr`"aafr�+�pp'c1rr�'S§,tet rpv r� 'rr� tst suit&� ,RGPGCs{'1}7JykiCil d"iv �/C.�tV ni. �7.t- tY+J+ii.-i'ir . r a a + - S 3i 4,1'. '", /� `". 5•-.t a1 x '�dyiz-at qtr i 14391 21111187 �, I1 co* ET 4E1 TEfl�#lI4�C,H�SFITAL t� �Dflt1I �,NCfl•, ti kft Ci}t�IT t BE 1�'I tt MOUNT L n ' �11 ���. rani " �� s"`• fi` a� x�a'T;, 3Y ? tjr* aa" r' Ii4�i1ii7I9 - O �{ CiUU � �11r i17T.1T� `tt• 7t PN u ;{ f t; � g icy qua F �f.4 `} j' WAR }'�� tV;TW' IAI R80V IAT. ���x)i�������n,,}TO;a;,CARt}f�I�UEA:tFi�AEEl�E�1T IfiRCHRiA � �REEEiE CREDIT �rUCkE f r ph"r,..f�,��.a�zYi'f Y�Xf• t}3.1'v� A5.,;' w--�it+yY+„!eY"4+3K�/+M'++rG`CKi�+'S+'�fJ'�.W+c✓' .i�.,n,A✓.i.-.�y...'..+�..,» . y ..... �. 1, 10 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA October 12,1993 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $540.07 Section 913 and 915.4. Please note all "Warnings". j CLAIMANT: CASE, Neil & Carolyn j i ATTORNEY: Date received ADDRESS: 2381 Pepito Dr. BY DELIVERY TO CLERK ON Via=tamhar 1 5�1 AQ La Grange, CA 95329 BY MAIL POSTMARKED: Hand Delivered via Risk Mgmt. I. FROM: Clerk of the Board of Supervisors TO: _:County Counsel Attached is a copy of the above-noted claim, ppH gg DATED: &Dtpmbpr 2091 AAS B�JIL DepuLyLOR. Clerk i I II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This claim complies substantially with Sections 910 and 910.2. I ( ) 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: 2/ / 9 BY: �- Deputy County Counsel i I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OR ER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 12 1993; PHIL BATCHELOR, Clerk, , Deputy Clerk WARNING (Gov. code se 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a couirt 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 warnino 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: OCT 18 1993 1 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA CO= 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 hot 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 perty or growing crops and which accrue on or after January 19 1988, must be pres,ented not later than six months after the accrual of the cause of action. Claimsl 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 fil ng stam Neil & Carolyn Case 2381 Pepito Dr. C IVE T,a Gr*affigp, CA 25329 Against the County of Contra Costa 15. M3 or District) CLE BOARD OF SUPERV,, (Fill in name 5 CONTRA COSTA CO..'at.., The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 540.07 and in support of this claim represents!as follows: ---------- 1. When did the damage or injury occur? (Give exact date and hour) Aug. 13 , 1993 Friday 2: 30 P.M. NO injury. .-_.._---_---------r_-_--_-..-_-_-_-_- 2. Where did the damage or injury occur? (Include city and county) 6221 Beth!el Island Road , Bethel Island , CA Contra Costa County --—---------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) Pulled, next to the Bethel Island Market right in front of the Pacific Bell Building and car hit a sunken ditch, this ditch is about 5 to 6 inches DEEP. We smashed thepoint .of the car all the way -----------——---—---------— —-------------------- SEE-& .T -IM). M) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? N/A (over) IS, 7. Wnat are tne names of county or district officers, servants or employees causing the darrage or in, 71 Contra costa County --------------------- -----------—- --—--- -------------------------- I 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. I Wreaked to, the front , end of our -car. 7. How was the amount l claimed above computed? (Include the estimated amount of any prospective injury; or damage.) By 2 differert -body shops. _M___________-....___ ------—---- 8. Names and,"dddress6s' ' of witnesses, doctors and hospitals. Ron & Shari Ferri P.O. BOX- 1-006 Lathrop. CA Marlev Peck P.O. Box 116 Bethel Island , CA 94511 Jim Kartazy 4550 Cerritos Ave Fremont, CA. 94536 Donnie Fradies' Phone 510-684--3338 ---------- 9. List the expenditures you made on'account of this accident or injury: DATE ITEM AMOUNT None as., yet b I ut we will be taking our car to Excellence Body and Paint to do the body work because they are the ones:A1 hat,,-;did1-'.the..1. o -ninin F1 N , , work the be *, * * * * Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) orb some person on his behalf." Name and Address of Attorney (ClairOnt is Signature) ddress Telephone No. Telephone No. I V V 17 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine* any false or fraudulent claim, bill, account,91, voucher, or writing, is punishable either by imprisonment in the county jail for as period of not more 'than one year, by a fine of not exceeding one thousand ($1t040)11, or by both such imprisonment and fine, or by imprisonment in the state prison, by fine of not exceeding ten thousand dollars ($10,000, or by both such imprisoruwn;t and fine. under thVcar an you can see from the pictures we sent. �W.1'1 shows that it ADM like beVcre and tne o0her AMP tha dama�v Lo-,:7 No jaiReq tG a mpn coming out W tne builOn, 21 t�e 7EHfic PeA anL he szaunuAnat Kc ditch hns been th�ro fcr 2 t- 3 y-arn SETOIng CeQnTv . r7 qrs wiso sending ;o� nicwar ? of a 4 X -1. nick u� track m tyat name hole an� a pjct�ra of whore our car hA ''he groand an ! dqg in And smashed the frort ond . v M, JA"' I'M "1017 1 k A V S1 MI. W My_ t ........... M I W ON EPA ftti gA vAM7" W ;IFF s pp ly ��.. s 3 i A = X z IR ry , � t I II �� �� ��t�i G�,•�'yc ;� � � � '� x ate" � � � � LOS, P y.d3 a 3�a waN< +Wg �T • 209 674-9329 REFERRED BY: 218 SOUTH E MADERA, CA 93638 Claim# S / FED. # 77-0272936 � ..._ � Date F/a�9/`7-s BODY PAINT Ph.#W, H License Name )e;L r'r Address.-34/73 �?/° ec.� rfJs lea t7 Make ;-6p-r) Mileage I.D.# Prod. Date Year Body Style 7)A- -e D.O.L. Insurance Co. Adjuster Ph.# ;.PAINT LABOR RtL STAR REfA11 a �� �IgE'SF,MiTI?N C?F l l4ROR t}F MATERIALS: w a zf' . kjRs .. CIE ft MRS:,',. 71twNAITS r SUBLE /21 J l..Tr ,To6if� g TOTAL , REMARKS: ��/„� HRS.OF LABOR AT$ _PER HR. $ 7 PARTS $ 5� ? HRS.OF PAINT AT$ -3VT PER HR. $ PAINT MATERIALS $ .SCJ•_J C7 FRAME& HRS.OF UNIBODY AT$ PER HR. $ This estimate is based on our inspection and does not cover additional SUBLET $ $ insurance parts or lagor which may be required after the work has been started. After SALES TAX $ deductible the work has started,worn or damaged parts which are not evident on first inspection may be discovered. Naturally this estimate cannot cover such STORAGErrOWING $ $ betterment contingencies. Parts prices subject to change without notice. This estimate depreciation is for immediate acceptance. $ By This work authorized by TOTAL $ �1c ''� ,�- HF{1A.✓•::�j�iy'"�`�= :{ � 'yr/'G': ' `'"Sb3 v i ',ny t ;a, i ,�Y:i..,,; '•,' ' ' .te+ •1,�,}:.r i}1� ,.Y''�_v, ,�'ic'i�b,-li.; , ..,rx�r- r,�{'-•Y ,�, 'ori �F • HARRISON'S A TO BODY 226 S. Hwy 59 Merced, CA 95340 Date: 8 3a-93 (209) 383-2500 Name: ` Make: _ 0 Year: SS Style:24C_ Address: ��D R IIs Lic.# �I 3 3 1.D. # �- 4 City: LA 2t�AJ e Q? Insurance Co: Phone (Work) 8� 'arca 8� (Home) Payment: ❑ Insurance ❑ Private FRONT Bumper Fender -- Fender ---•*•- Battery Battery Tray Antenna Gravel Shield Apron Apron Mirrors Valance Brace Brace Alt Header Panel Cowl Cowl Alt. Grille Head Lamp Dr. Head Lamp Dr. P.S. Head Lamp ASSY. Head Lamp Assy. P.S. —77 Vert.Supt. Horn RadiatorDOOR DOOR Wipers 'I F.Door F.Door Storage Anti-freeze Door Door Fan Center Post Center Post Water Pump Rocker Panel Rocker Panel A/C Condenser Rocker Mldg. Rocker Mldg. A/C Lines Floor Floor R.Door R.Door Hood Door Door r 771 Ornament,Emb • QUAR.PANEL Hrs. Parts SUBLET Amount rS�tablize . Quar.Panel t' Quar.Panel Frame Qusrr ar.Ext. I Quar.Ext. "Wheel Align. ? Quar.Mldg. Quar.Mldg. A/C Service Dog Leg Dog Leg Pin St iping. Quar.Wheel Hsg Quar.Wheel Hsg Towing Spindle Fender Fender Rotor/Drum Spring OF Lr.Cont.Arm Bumper Frame Complete Up.Cont.Arm Motor Mts. Spot Shocks j Cross Mbr. Jams Tie Rod Body Panel Gas Tank Stripping Steering Box Gravel Shield Exhaust Sys. Hub Cap Floor •. OPEN ITEMS Wheel - Wheel Trunk Lid Cab77777 Tire %Worn Trunk Box Type Tailgate ADJUSTMENTSGLASS Hrs. Parts RECAPITULATION WindshieldT/C Headlights Headlights Hai.3• $ = Adhesive Kit Hood Parklights Moulding ! Fender F.Side Marker Parts $ F.Door T/C Door R.Side Marker R.DoorT/C Trunk Tailight Tax $ Q.Panel T/C Hatchback Back-upo77 RearT/C Clearance- Sublet $ f TOTAL $ �. This estimate is only a primary indication of costs and does not cover additional parts or labor which may be required after a tear down of vehicle is completed. This estimate is for immediate acceptance and is notivalid after 30 days. I hereby authorize the repair work listed to be done along with the necessary parts and materials.My vehicle can be driven by your employees to make required tests at my risk.An express mechanic's lien is hereby acknowledged on above vehicle to secure the amount of repairs thereto.1 hereby waive the Statute of Limitations and if any action on this account requires employment of an attorney I agree to pay 11/2%interest per month which is an annual percentage rate of 18%from date,reasonable attorney's fees,and court costs.Storage will be charged 48 hours after repairs are completed. Harrison's Auto Body is not responsible for loss or damage to vehicle or articles left in vehicle in case of fire,theft,accident or any other cause beyond our control. If Harrison's Auto Body does not perform the repairs, storage shall start upon date vehicle was delivered to our premises. All parts ordered, which cannot be returned shall be paid for by undersigned.All charges incurred,restocking fees,storage,estimate,teardown,phone calls,or any related costs shall be paid for in full by undersigned prior to vehicle being released. Terms accepted and authorized by: CLAIM ) BOD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA SEP 3 PA #i AR i rnnn+N / Claim Against the County, or District governed by) !f BOARD ACtl,N,E,nAl1F 1:0 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT TO—r2;1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of Ca. �urnia uuyerr„2:st C;.�as. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $730.12 i Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BROWN, Barry K. Marine Consultant & Surveyor ATTORNEY: Date received ADDRESS: 33 Terrace Road, Ste. 100 BY DELIVERY TO CLERK ON September 10, 1993 Walnut Creek, CA 94596 via Counsel 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: September 13, 1993 B1: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (Vf 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: 4 Iff3 BY: Deputy County Counsel 01 III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with nctice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:— OCT 12 1993 PHIL BATCHELOR, Clerk, B , 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. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 18 1993 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator iBARRY K. BROWN Marine Consultant & Surveyor 33 Terrace Road, Suite 100 j Phone(510) 932 6122 Walnut Creek, CA. 94596 Fax (510) 932 6922 September 1 1993 Contra Costa Public Works Department 255 Glacier Drive SEp Q 03 Martinez 94553 K BOARD OF SUPERVISORS Att. Mr. J. Johnson. CLQ CONTRA COSTA Co. Dear Mr. Johnson, Further to our recent telephone conversations regarding the damage to my car, August 24 1993, at the entrance to the parking lot at the corner of South Broadway and Newell Avenue in Walnut Creek. On the above mentioned date I came from Newell Avenue and made a left turn onto South Broadway and then a right turn on the bridge over the canal into the parking lot. To my surprise the end of the bridge was some four to five inches above the surface of the lot and my car, at the front bottomed out causing the radiator to rise and hit the fan breaking off two blades. This damage took two days to repair during which period I had to rent a car to continue my business. Additionally my mechanic informs me that the oilpan is indented and should be changed at the earliest convenient time. The cost of this component is estimated at$75.00. My total expenses to date are as follows: New radiator & fan plus labor 596.77 Car rental (two days) 58.35 Oilpan & gasket 75.00 Total $730.12 I used the most economical way to perform these repairs and car rental and I am sure these costs are not unreasonable. For your consideration I also;enclose photographs of the site with my car in situ and copies of the invoices received to date. I look forward to your comments. Yours Sincerely Barry K. Brown w/enc LIST OF PHOTOGRAPHS 1. Erosion and potholes at end of bridge. 2. Height difference. 3. Car stationary, note slope of vehicle. 4. Damage caused, radiator and fan. i 02— y. L c ..dr .,..Kms,•-y- rt x l� r' iw�..v s x •.,.rd� * "d -4, t. - '��'s `�T�}.o}{; <{ xNw-r ». 5lP..•'. :n !c 3R ` # ,. �, ,+�t"'t.'�,a ,'�3t�:u•.' ip, b yr.7R 4 y -. "_....'T'y'^-. +,.•�Sr :.r y .l s 4�7f''•�t'r.'1'. ��J tY ,�,�,�q' � r.'-..i^xK �`'�?"'�rl�c��x._�4'°�s .Y�qA r�� �_as S - �/.. y -a,� jta� �a'�' '"'/�,t`:t�X v� �'••T -J'1 .sem,'-.-� .2'' l-^��f�7..m,+-. y'�' t.. t.. ..�`S +'t2% tom• Yi- .s+ -br ' '"ry.��`�'�. r'�•""rt'^f"..,.a y j t J-Y �i•^�:t�'t Svrs'�?�-t? �•r G �ys,$a�'''r"rx.!cz;.�a�.... ,�X d' cy v.j' w � ',�:' �tiy r .'R+ty ..� 7lr% d'.0 tv 1p. t..a 4 ac..� .,. o-r� .Y�.'�'�•r'n-y.,i�� s�"► _• 1 �$ «� x � ��,��� •+-5.� v � r 4'�"P:.-.csMi t+t seX,` �'+�M�"�E.+�Y'v'�st''�^y'" 'ra a.•yi,r �-T. � x �,ht+'`f+�es � j`.r�'� .T,�c �� �t' "��i'L�q�n� � `^+�+#-'c �.'�«�-i"y�!•�LT�ti+j'� �� .; r i� .� rll.}!' .�.�")-:ii� ...nail• 3'lI �. t � n �"y�r%k ��.j��yirFQ.•.N � 5 b �. �' ..1`iL A � 5 �`s�" �.t` P ,••• C �•�-!'qf`^e „�e ..tT.Y-i:w .r•.�r.�aa�, L�r•t �` �' +�+}3.`.�C>.r� rf.L` rt,�d r••� t' —T4s `m:.Gr'u'" ;,J''S,r'i'.a� ,�`1�,�.,- a` ,t •, 4a�, ' ez3 -•:•' "' k�fi ""'rx� t`r �'"'..r- jw,M �• �T F rF'" r � � � ��. - r 4 }tr,�r y k�y,J.l`� �;.:. 'sS,rw, .� R"f"�xrw '„l-��K ` � '_ i+r,�'^ .t�r. .S'gtc'S s+ t' �..x �,•rx+rz@ ftL r - s i�'�' 14•�t G,,;,.�` tN�� «ry ,� c ��n� "y 1."k�:-' asC�y '�<, ��'�,�y.++" }'.r yc"�j.s4'-'j,:ekc"� x"�"A,,;F-�.r�+^t�'�>'A'r3 r,g�«.t.�C" �Y!3�J'+�',��1=��.�`5,�3+-.+.s:jf'�j�fi��✓''� e�'Y"Tt � �'`i r ,! .»'ca�;:.+r• �Y.�' �+�,, A�.�.a'•'�/"C "•.z,r3 ,.� � Y r? %•"nr 5.."a1' ',,• „`n's`�fi f Ju�.rti a�- rf.,•nt+ t -a i"'bi ,cw'+a '{+"fit' � �.,a� to a::,art a'c'7 �_, ;!'r~N't,C�',�n Gx� �"�`J•'T'•`�S(a�'�_ ^lr��.?�.s+P+vS 7-.s"`,� :� .� ti�,�•,' � �t ;.3f-? �,°'S£r'., �"!T�''h''J'w�,^�.r�5�'.��r J!�'`. V, x 1 `� •.Y ��`, �� W'Y �t •r�a- t I •nj//�/ r , - 'fix �-a`.. 4Vti' f� ir( r � _ A in � v,4 $ t ...■.. - - - - - - - - - - - - - - - - - - ---- iIVII VEAL LCMI'1 OWNING 1 I j'a ,oAl.ssO—�„,�Aa Dram er r �t+8, .maK BAa. (s,o)2340025 "91+�itm CRNIk,CA wss *rvzrd CA S,S20 LOCATION �. Pwri.rA.r (510)529.2272 910)8340900 (510)7911-am Ws`ta 385 ECAR NO. LICENSE 3D, I(i 15 CA i. C :r DATE I CONTROL No. MODEL E C I F L SP F 8�� - WGA O �� - - V ,3 , MINIMUM CHARGE-,DAY PLUS MILEAGE DAILY RATE IS BASED ON 24 HOUR DAY TIME IN I ' TIME OUT MILEAGE LIABLE — OVERHEAD.CUSTOMER IS IN � � , MILEAGE AARIVAL pATE/METHppt?IMEIMPlCAR TYP6CA.OR WRETUflM OA?E OUT MILES DRIVEN a SPAE M i 1 a °t SE(� '�9N) R�L t o l 0 JACK SPL MLS L'I 1 41 MLS a a SPL $ NRS ""'Si0 nERRAa RD NRS WAi__N#T 1..�`�,�:_r , SPL S DAY i6.7 DAY� � $ CITY/STATFJLP eA SPL WKS -:!?�+!?I{?IL�ifj WKS $ #i 0" S h b+EIIEIoATX s� L:F i MO u SPL 0 $ S SPECIAL TIME ANDEA,11 �7, TIME AND COMPANY e6£H6Rcl8ei F10re fhcTf p MILE CHARGES Va- ;,!g tlimcill SPECIAL TIME6 MILE CHARGES COMPANY PHONE/CHARGE CARD NO. TOTAL TIME AND '"{`S•' MILEAGE CHARGE SPECIAL RATES,WEEKEND LESS DISCOUNT CORP.RATE"/O " CT1°I' SPECIAL.AND VACATION SPECIAL RATES DO NOT APPLY IF VEHICLE COW(PER DAY) — IS RETURNED TO A LOCATION $ RE 9- OTHER THAN THE RENTING ONE-WAY LOCATION.DISCOUNT RATES SERVICE CHARGE ONLY FOR SPECIFIED PERIOD. OTHER OTHER RATES DO L«r NOTINCLUIDE SUN ADDITIONAL DRIVER DATE OF BIRTH GASOLINE AX OR SURCHARGE Qfi^" LICENSE NUMBER EXPIRATION DATE STATE FUEL GAUGE POSITION REFUEUNG S dWV OUT F 719 Y. S19 i2 ^.YO rlt 19 E LOCAL ADDRESSOCONRACT A AY) IN F TM 31A YA V2 3M ,N VS E I AGREE TORETURN TMS VEHICLE ON OR BEFORE THE INDICATED DUE BACK DATE TO THE SAME LOCATKXVAT YA9CN R WAS PEC(PER DAY) RENTED OR TO THE DOHERTY'S OFFICE SPECIFIED IN THE BOX BELOW.A DROP CHARGE MAY APPLY 6 CAR IS RETURNED TO PREPAID VOUCHER OTHER THAN RENTING LOOAT,OH, OR COUPONS $ ' $ DUPIRIAOKBY. RETURN: G J « OTHER DEPOSITS RENTER'S WIT. EXTEND TO RUTH.BY RECEIPT NO. EXTEND TO OTHER AUTN•BY RECEIPT NO. ADDITIONAL DEPOSIT S MIrJC. ALL TRAFFIC AND PARKING VEHICLE MUST NOT BE DRIVEN ALL AUTHORIZED DRIVERS TOTALCtiARGE VIOLATIONS ARE RESPON- INTO MEXICO OR OUTSIDE MuS1'BE AGE 2i OR OLDER CALIFORNIA WITHOUT WRITTEN SIBIL1TIES OF THE RENTER CONSENT OF OOHERTY'S AND LICENSED. Al 07K/DATE/AMOUNT CREDIT AUTH.!DATE/AMOUNT DEPOSIT LESS tt TOTAL. - DEPOSITS V_S -+>r 1 I'.'!'!`+ F_• t �Y7 A.I NET DUE REFUND S RENTER RENTER'S NET 0� INITIAL X CK IN LOCATION TACOMA DUECASWCK PND , STAR We s s s YARNttiG'TM Cablon Orrr9R WaNAP FAa.MA•,9Wranq,K tM Mtida 1A IRW,abrn a apaMW N Hortrn a Pwwnp a pMAyaap 2. OECX&WNG TYPE I.+anP P a AIR'aM PlarPran d Kn apanKf.a a aKyaAP vr.a p dmA9W wrA unaPaAra PP RArNr a APdiarl OrMr IM Ara _' CLOSED CLOSED BY EMPLOYEE NO, AUX A D CHARGE Go *pMpA9Ad q RrAAp a MrAaa AabrA'AaA,MaAa+aY abl.n aw+wW a+}{Y.RAaa(AWRrnAI pWl ax bbl.b Y Idw aam,sro _ jA Y fy] iM1Mw..>1Ck-V AIO »"I....Aa a+NW.0 slPaa= 2.3,aq AOn ar mar dpe. co3A 17AAION 'ASA V D CASH s0 Ka V-kppa IMI I Mw laa M 4+YW a RAA VPan AnV aarnwK a PApraAaAA_bT 0,-Va rpl mnIAVIMp anpw ptr aPlwllwr ane plAr 1 MIC M D CHECK KO M ra0 Arb aaaappP M"V,/Arrrr as mtdarr a tXft—a INA naM AgrarraaaM 1 as AddrnAtdrApr Agra w M eaAa p+ArAIN. +W w.Awm Pr•MCIa w Darrlye ai a bameA Pr pun aAu—n aA Fra.Apwbp Ara,.i Apr unpNAraa Pw A b a mspAprara b OIPffR$ D Cl CARTE BLANCHE 0 .AKa ro raven Pr.alaa Ana w npery OdrAyA a.aaA.p w vera Pb rasa.Al AaappKr roup M mR.W n—V•.uVn 24 rlaur. 'aaraa adW AVpAam4rlaMM anPawpa. . PEASONALACCIDENT COVERAGE(RA.CJ AAarga V...TIIIR AYIt Ia if«W n9l it apuMAP b P1Kp+rw o Ww/rn b Ce n.V m b K portaim of AaRA m Ara ON.A warA RENTER MITfALs TD ACCEPT OR DECLINE PAC FOR ACCIDEN• alron a w aPRwal n,amaR d ar NAArt hal,rlra uvea,s OPA q•a PaAAA V•• CARMna O W,a 2 d«+Va TA,,LOSS OF LIEF.AND MEDICAL COVERGE FOR RENTER wA a MM AWNArN ewW pY allApMP AMM.' AND EACH PASSENGER.SEE BROClKlRE FOR STNOPSLS CIF ALL OF OOMERTY$OBIK IONS UNDER TMS AGREEAENT INCLUDING ALL INSURANCE PROVISIONS HEREOF.ARE VOD IF BLANKET TERM ACCIDENT POLICY=RTE.OENERTS AND VEHICLE IS USED OR ODERTED IN VK%ATN31/6F 1NIS(MENTAL AGREEMENT HOWEVER,RENTERS OBLIGATIONS AND E%CLUSKWS. OOI+ERTYTi RIGHfSARE STILLN FORCE. RENTEA RESPONSIBILITY ANDALL TCAMARKIN VOUCHER TR OFCAPPLIGAVIOLAOLEINRENTERS RME FOIA PAYMENT. X RENTER ASSUMES RESPDNSlBII,ITY FOR ANY AND ALL PARKING AND TRAFFIC VKXATIOHS WRING THE TERM LTF THE RENTAL ACCEPT"8��— pEODNE ANO AGREES TO PAYA US WADMINISTMTVE FEE PER EACH UNPAID PARKWGC(TATION, VEHICLE MUST NOT BE USED OR OPERATED IN MEXICO. SEE WARNING COW IS N07 INSURANCE PERSONAL EFFECTS COVERAGE(P.E.C.) X ff OffERELl.ONALEiA EFFECTS TO COVERAGE (R RATE SHOWN AAENTEAS SIGNATURE X DRIVER TLIRE _ ._ OR DECLINE PEC FOR COVERAGE OF PERSONAL PROPERTY OF RENTER AND MS IMMEDM MILY.IF ACCEPTS.SEE 'REPARED BY ._.t._._.._..; EMP.NO, — D -AND EX411oF. CT COVERAGE.FDR :ONTRACT CLOSED S E TO ANAL AUDIT FORM 106(REV.2/91) }� }� ADDITIONAL TERMS AND CONDITIONS ON REVERSE SIDE DE DECLINESyrs' -- _�___ _ _CUSTOMER t a Q Y o , i LU 1 o \ '-h rmmONm rra r. YCD Zw � Qul No i O W N cr. op ¢ o, g o oo8o-r {�Gl (n O � a• m m 3 o F� o (� 1 n t1•) xrom�m� d ¢ 7 V Q o b o ev T \ U Z ; E mo00 o O O Q m�c y N o fd a a Q Z lil mom4a�� � m a1 y p rn0- 1,0. mmN w Dmacv�;caA� W O► tt o `} m>�x-gym 4 r mmoaoo� N a Ci .•.. O = N G m N 0 ifld� i J o tt000 w W a �£aN� - a a o w r Ln r r ¢ U) r oN' Uf Z O+CL Wz LL •� 4 � m lid G i Y c 3 _ a Z ; a ih ro a 1 7 5i• 1 t � d 1 U 4. o W Z o O d N � U.� d O d Z r 4 � 0. r ISEP ( CLAIM 40 /0 B RIP SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I Claim Against the County, PUOMfr1'. r--,-Igoverned�by) BOARD ACTION MARIINtc,t uF. the Board of Supervisors, Routi°ngEndorsements, ) NOTICE TO CLAIMANT OCTOBER 12, 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 Soar! ^f Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1,500.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: AGUILERA, Marlene ATTORNEY: William C. Ulrich Attorney at Law Date received ADDRESS: 2400 Sycamore Dr. , Suite 40 BY DELIVERY TO CLERK ON September 13, 1993 Antioch, CA 94509 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. September 14, 1993 eeHt�IL BATCHELOR, Clerk DATED: Bl: 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: I Dated: 4, IS , �� 3 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. BOARD0 By unanimous vote of the Supervisors present ( ) This Claim is rejected iIn full. ( ) Other: I certify that this is &, true and correct copy of the Board's Order entered in its minutes for this date. Dated: OCT 12 1993' PHIL BATCHELOR, Clerk, Deputy Clerk WARNING (Gov. code sect on 913) Subject to certain exceptions, you hive 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 Postai Service in Martinez. California, postage fully prepaid a 'certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: OCT 18 1993 L BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator ,,.�. 1 09 1 WILLIAM C. ULRICH, SB#078212 CEIVED Attorney at Law 5 2 2400 Sycamore Dr. , Suite 40 cJ� 03 Antioch, CA 94509 3 Attorney for Plaintiff, MARLENE AGUILERA CLERK BOARD OF SUPERVISOR-S- 4 UPERVISORS4 CONTRA COSTA CO. GOVERNMENT CODE CLAIM 5 TO THE GOVERNING BODY OF: CONTRA COSTA COUNTY 6 OUR CLIENT AND CLAIMANT: MARLENE AGUILERA 7 DATE OF LOSS/INJURY: January 13 , 1993 8 February 4, 1993 March 10, 1993 9 March 5, 1993 and cpnti7u ng thereafter 10 irc��d��g 3j18/f3 J 3123?f3 PLACE OF LOSS: Contra Costa County's 11 Clerk's office 12 OTHER RESPONSIBLE PARTIES: Contra Costa County Clerk; MARY M. WADDELL, Deputy 13 County Clerk 14 DESCRIPTION OF LOSS/INCIDENT: Claimant, MARLENE AGUILERA, wa represented by WILLIAM C. ULRICH in a divorce action against he 15 husband, RICARDO AGUILERA. Said WILLIAM C. ULRICH made applicatio for default in the action, which said default was entered a 16 requested on January 13 , 1993 . Please see true copy of Request t Enter Default, Exhibit "A" , attached hereto. 17 A date was set for a default dissolution hearing/trial, whic 18 was held on February 4, 1993 . A lengthy trial was held, as they were significant issues re property, obligations, arrearages 19 support, etc. Judgment was thereafter prepared, presented for signature, and filed March 10, 1993 , a true copy of that Judgment 20 is attached hereto, marked Exhibit "B" . 21 Notice of Entry of Judgment was filed March 18, mailed that date, and the Judgment was in fact entered 3/, '0/93 . Please se 22 Notice of Entry of Judgment, Exhibit "C" . 23 Thereafter, although bearing the date March 5, 1993, aii unreported minute order was generated, su aspante, setting aside 24 the default and the judgment, and a true copy of said unreported minute order is attached hereto and incorporated herein b 25 reference, marked Exhibit "D" . 26 The default and the subsequent judgment were apparently se aside because the County Clerk, and County of Contra Costa entered 27 the default in error, failing to note or make proper note of the Response reportedly already on file. In reliance on the default 28 Plaintiff and her attorney proceeded, and were thereafter forced t 1 repeat all the same procedures, and to incur additional time, an 1 expenses for attorneys fees and costs, for which Plaintiff shoul be entitled to compensation from Contra Costa County for its error. 2 NATURE OF DAMAGES: Loss to Plaintiff of attorneys fee 3 and costs in estimated amount o $1500. 4 AMOUNT OF DAMAGES: $1500.00 5 ADDRESS TO WHICH NOTICES 6 SHOULD BE SENT: Marlene Aguilera c/o William C. Ulrich 7 Attorney at Law 2400 Sycamore Dr. , Suite 40 8 Antioch, CA 94509 9 DATED: September 13 , 1993 10 WILLIAM C. ULRICH 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 j 27 i 28 2 I r _ - - 1 F , t low 3 44, ATTORNEY OR PARTY WITHOUT'ATTORNEY(NAME AND ADDR�Sa?., TELEP'r f rdIJLS s FOH(OcIr�1 )SE UNLv WILLIAM C ULRICH x( 510 ) 757 2- 3 _ s Attorne at. Law .�j Y .. _ ,. T t - f! 2400 . Sycam_ore Dr Suite 40 _ I Anne_ (NAMr 9'4 5,0 9 - - - S.UPERIAOR COURT OF,CAUFORNIA`COtlTY CON r r t TRA COS (� oDRESS_ 725 Coutt MAILING ADDRESS P -0 BOX 911 'Y s CLERK t GIrYANDZIPCODE: Maralnez , CA 94553 r, I, :;. y Y f ' �} IrJ''i'. BRANCH:NAME':_ , �— MARRIAGE OFi /a o �crU74 PETITIONER ..' MARLENE .AGUILERA � - - - r r. RESPONDENT:. RICARDO AGUTLERA _ _ � i l 1 REQUEST T �ENvTER UEFAl1E-T r<ASE NUMC CR ?D 9 2 0-3 4 6 7 .- -... .,«.-..« '... .... --..--_'moi.". .3.-wsa' !.F'.ev'"n--,a.^"S'n^ �.,'-^7' ^.1�: •'x^' _ ..t 5:,;.::t _ 1. TO THE'CLERK. Please enter the dEfuGlt•.of��`ie Sp- rident +`�� hay t Yip d +c rrrspn»nct<<o [her:Fet too 2..A com feted +, rte- p []Income and cxpxelise Dec{�ra nn S,. { roger y Dec oration Is a,t,zche _ 3 A C mplefed ],Income:and Ex`_pailse cc�arat�an ;gra, C'°eclar,it on is rr r a[ta hcc. Ue'c�.3va.e chcr�r_:yt least one of,:the follow,ng). {� y y •_ `�,y (1):OX There have been-no changers s nre t pry iou� f+tmg (2) = The issues subject_toid,sposrlron t,y the coot+,tn`'thi, r)[; G�ru�ri i,e tt�e s�rgre t of a written agreemcrn _ - (3) 0 There are no rssuesiof chid custody, Chid o pousaj.supp�rt cf,�,si'on of�ccmtriusi,ty pfc?jzerty c:r attO.N1 1 fees and Costs subject to dete��mntyion�hy'thrs �ouri h The petrUon does n t rege;estfilarh pci, rty ;costs_or�al�rrteg fee a ,� - Da+pd Jan-nary `13 '�- ' �.-.. WILLIAM C ULRICH. (Typ y)r print name} rP s r , ,5 qna;ore ct(Atto ne y forj"+'et+tione� ''..3 �. 3 DEC- t ARrkTION x _ .. 'i _ a No ma,irng is regw ed beLause set�rt ewds�tzydr�ubi+aaUan 2 ocs tp� aid- of responder t rerYh'arn� U;]G nokvlrr;. 1 ^l 4 s� :CX7 .� copy sf th,s Reque tocht�t} ataut�t ,�G' itny ani i[tac h n�rits :was ma Iter tv the respder t`s atir�r , y of ecoid_ _ If none tc. ra nndprr< , la,f knpwn: dC ess a5 faltaws (1) Bate ofmatling , 1/1Y�/93� �} Ca(tafesFd as follows Ricardo :Agui1`er.a Spr ,ngwgod Way _ _ k� A�9 do 4 An ch , �-C 509 r. '` c 1 decl r�.t�ndar,penaity of ��e t+cy ft t'np jU, g �.:rs_true'and correct-anr�t a6`tails 11ftec'tdra:or is°execufed orf(date ): 1/ f 3/93. 3 a s;� ce,* Antioch s ( 1,3tQ t7'a 7 3 WILLIAM G dJLRICH3 L� ". ;�- L •. , �-- (Type or R'r"{name} * Y tSrgnature,r dectarani) FGP•COURT USE ONLY- r - Defaujt.entar�d��requaQted<c�n�ciate) z �x3 _ PNEt SIR Default NOT entered Reason ® - z- x MA6\t ADD L�I r (See reverse fc�r Mcg r Qradurmot'ostssa�dDeclartrun of tciirtt� s Status - _..._x ,- y _ .) _ _ _. The dec:.a,ation'undec penalty of perjury rrusf b rretS �1rtrGTr car r+a ate That au h�nres u r of a +r ria,,,n_p4+c a+-a ,da t �tfiernisF an affid8vit is requ red (CCe''2015 5). .. .x.— .t--r•'r - - . Form Adopt d by R IP - Judl i 31;�Uunt,i �f Ga' j u �i uiC 9 "}_'M -. .�-_ .. _ .. _, -.,,,.,.s :;'>•-C,s� .i..a :;�4nt;•- e. Re�+sedE!fP.urva>Jsnuar 4x?• V .CP 58:.,587 4. MEMORANDUM OF•.COSTS a.."= Costs_an•d disbursements are waived. i _ b. Costs and disbursements are listed as follows (i)F Clerks fees $. 189 -.00 (2) Process•.server's fees . $ 86 . 10 " (3) u Other.(specify). ! . '. $ . . . : . . . $ . . . $ . TOTAL $ 275 . 10 . . I am the attorney; agent, or party who claims these costs To the best of"my knowledge and belief the Joregoing items of^ort are correct and have been necessarily incl rrea in this'cause or proceedir g. I declareunder,penalty of perjury that the.foregoing is,tate �nd,;cprrect,.and that this declaration*is executed on (date).- l/ /93 at(piace): Antioch :. California" WILLIAM• C-. :ULRICH �.. (TyPe'or print,name,). %(Signature of declarant) - - — --- r:: �._. 5. DECILARA TION"OP NONMILITARY STATUS Res^ondent is not-in the mi„jtary ser ice or in the military service of We United States as defined In Section 101 of the Sr,n ers: Pn.d Sailors' R(Yelief Act of 1940, as amended, and not,entitled to the benefits of such act. I declare a .de penalty_of-perjury ailat' tile, foregoing is true and correct and that this declaration is executed I . c n (c,'ite): 1/:. /4,9 3 at(ulaCe): Antioch California. Calif rni WILLIAM C ULRIICH / ' \ (Type or print nave): (Signature of declarant) ATTORNEY OR PARTY WITHOUT ATTORNEY(NAi1wAdd.ess): TELEPHONE NLIMPI FOR COtRT USE ONt v WILLIAM C. UI,RICH ( 510 ) 757-2889 —Attorney' at Law i 2400 Sycamore Dr. . Suite 401P i.J I i -] ii'15 ( � Antioch . CA 94509 Attomeyfor(Name): MARLENE AGUILERA I9`13 MAR 10 P 2: 1.1,W SUPERIOR COURT OF CALIFORNIA;COUNTY OF CONTRA COSTA i STREET ADDRESS: 725 Court Street S.!_. WEIR.., COWNTrf err, MAILING ADDRESS: .P. -O. Box 911 C0NTRA C 0,T:\;'_;U<S1 Y CITY AND ZIP CODE: Martinez, CA 94553 BRANCH NAME: - 'Cf`Li`•:::i> U F 9 MARRIAGE OF PETITIONER: MARLENE AGUILERA RESPONDENT: RICARDO AGUILERA JUDGMENT CASE NUMBER: ECJ` Dissolution [ Legal separation ED Nullity D92-03467 M Status only Q Reserving jurisdictiover bumigation of marital status Date marital status ends: AA yy 93 1. This proceeding was heard as follows:E default or uncontested Q by declaration under Civil Code,§4511 0 contested a. Date: 2/4/93 Dept.: 41 Rm.: b. Judge(name): JOSANNA BERKOW ED Temporary judge c. [?Q Petitioner present in court Attorney present in court(name): WILLIAM C. ULRICH d. (] Respondent present in court Attorney present in court(name): e. ED Claimant present in court(name): Q Attorney present in court(name): 2. The court acquired jurisdiction of the respondent on(date): 7/17/92 ®Respondent was served with process Respondent appeared 3. THE COURT ORDERS,GOOD CAUSE APPEARING: a. ® Judgment of dissolution be entered.Marital status is terminated and the parties are restored to the status of unmarried persons (1) ® on the following date(specify): MAR•l 0 1993 (2) = on a date to be determined on noticed motion of either party or on stipulation. b. Judgment of legal separation be entered. c. Q Judgment of nullity be entered. The parties are declared to be unmarried persons on the ground of(specify): d. EN Wife's former name be restored(specify): MARLENE APARICIO e. = This judgment shall bel entered nunc pro tunc as of(date): f. ED Jurisdiction is reserved over all other issues and all present orders remain in effect except as provided below. g. ® Other(specify): please see attachment 4 .g. h. Jurisdiction is reserved to make other orders necessary to carry out this judgment. ' i u 4.Number of additional pages attached: FOUR E] signature follows last attachment I NOTICE Please review your will,insurance policies,retirement benefit plans,credit cards,other credit accounts and credit reports,and other matters you may want to change in view of the dissolution or annulment of your marriage, or your legal separation. A debt or obligation may be assigned to one party as part of the division of property and debts,but if that party does not pay the debt or obligation,the creditor may be able to collect from the other party. An earnings assignment will automatically be issued if child support,family support, or spousal support is ordered. Form Adopted by Ruie 1287 I JUDGMENT Civil Code,§ 4514 Judicai councii of Califdrnia 1287(Rev.January 1,1993) (Family Law) In re the Marriage of: AGUILERA: MARLENE and RICARDO Case No. D92-03467 Attachment 4.a. - Page 1 1. CHILD CUSTODY: Sole legal and physical custody .of three minor children, RICARDO AGUILERA, JR. , born November 12, 1983 , ANGELICA AGUILERA, born May 20, 1985 and LINDA AGUILERA, born September 1, 1987, is awarded to Petitioner. 2. VISITATION,: _ Respondent shall have the right of visitation with said .minor .children from 8:00 a.m. to 6:00 p.m. each Saturday, upon prior notice to Petitioner, and conditioned upon no consumption of. alcoholic beverages for a period of twelve hours prior to said visitation or during said visitation. Respondent shall further have the right of additional , reasonable visitation, by agreement between the parties. 3,. -, �CHILD SUPPORT: Continuing pendente lite orders of this court, previously made, Respondent shall pay to Petitioner, as and for support of said -minor children, the total amount of $345.00 plus an additional $1.13.00 as Respondent's share of child care expenses, for aitotal of $458.00 per month. Said child support award is premised on Wife's tax filing status of head of household with four deductions, a gross income of $2,927.00, a medical insurance payment of $47.00 per month, union dues of $34.00 per month, a mandatory retirement plan contribution of $17.00 per month, and child care expenses of $225.00 per month. The court expressly and specifically finds that Husband, per prior testimony before this Court, has the ability to earn, and should be credited with earning, the amount of $1000.00 per month, and this In re the Marriage of: AGUILERA: MARLENE and RICARDO Case No. D92-03467 Attachment 4.g . Page 2 award is based upon said $1000.00 per month gross earnings of Respondent. 4. SPOUSAL SUPPORTi Neither party shall receive spousal support from the other. Petitioner sought none by means of her Petition, and, ) at trial, knowingly, intelligently, and understandingly waived same. The court is satisfied that termination of jurisdiction to award spousal support to Respondent as prayed in Petitioner's Petition is appropriate per evidence deduced at trial. 5. CHILD SUPPORT ARREARAGE: Respondent shall pay to Petitioner, forthwith, the total amount of $1,162.00, found to be owing from Respondent to Petitioner as and -for child support arrearages, through January 31, 1993. 6. RESTRAINING ORDERS: Respondent shall not molest, . attack, strike, sexually assault, telephone, contact, or otherwise disturb the peace of Petitioner, except that peaceful contact relating to the minor children of the parties shall be permitted. Respondent shall stay at least 100 yards away from Petitioner's residence, Petitioner's place of work, Petitioner's i . vehicle, and the home of Petitioner's sister, save -for .peaceful visitation exchange as per the visitation rights set forth in the within Judgment I 7. COMMUNITY PROPERTY ASSETS AND OBLIGATIONS: The court confirms to Petitioner as her sole and separate property, all In re the Marriage of: AGUILERA: MARLENE and RICARDO Case No. D92-03467 Attachment 4.g. Page 3 earnings and accumulations post-separation, miscellaneous jewelry, including a watch, and one television set and two beds. Awarded to Respondent as his share of community property, is the 1974 Ford Granada automobile, and the 1964 Chevrolet automobile. Awarded to Petitioner, as her partial share of community property, is the former family home and real property located at 1733 Springwood Way, Antioch, California with the concomitant obligation of a promissory note and deed of trust thereon in the approximate amount of $122,000.00, and all furniture, furnishings, appliances, and personal property there located. Also awarded to Petitioner, as partial distribution of community property is the 1987 Dodge van in her possession with the concomitant obligation to Western Financial thereon, in the approximate amount of $6500.00. As and for lfurther distribution and award of her share of the community property, Petitioner is awarded all right, title, and interest to her pension/retirement benefits through her employment, the United States Postal Service, as well as all right, title, and interest to any1pension/retirement plan through her union. To equalize distribution of community property, and as a final distribution of) her share of community property, the following debts and obligations shall be assumed by Petitioner, who shall hold Respondent harmless therefrom: In re the Marriage of: AGUILERA: MARLENE and RICARDO Case No. D92-03467 Attachment 4.g. Page 4 a. Debt to Internal Service: $152.00 b. Debt to Wells Fargo Visa: $1000.00 C. Bank of America Mastercard: $1020.00 d. Mervyns department store: $275.00 e. Note and deed of trust: $122,000.00 i f. Western Financial: $6500.00 The court reserves jurisdiction over the property as set forth I above, to insurelcooperation by the parties in effectuating same, i and, in said regard, orders Respondent to . execute in favor of Petitioner a spousal transfer deed or quitclaim deed to surrender his right, title and interest to said family home, awarded to Petitioner per the terms above. 1 J DATED: J©SANNA BERKOW JOSANNA BERKOW FAMILY LAW REFEREE ATTORNEY OR PARTY WITHOUT ATTORNEY(Name and Address). TELEPHONE N0.' FOR COURT USE ONLY WILLIAM C. ULRICH ( 510) 757-2889 Attorney at Law 2400 Sycamore Dr. , Suite 40 Antioch , CA 94509 ATTORNEY FOR.(Nerve) MARLENE AGUILERA II rl SUPERIOR COURT OF CALIFORNIA, COUNTY OFCONTRA WHET ADDRESS: 725 Court Stireet MANJW ADDRESS: P. o. Box 9111 MAR 181993 m All ZIP CODE: Martinez, Ca 94553 SIIANCH NAME: S.L. WEIR CounTA Clerk C%C MARRIAGE OF j 9y TY CONTRA dOSU I PETITIONER: MARLENE AGUILERA Ui Duty RESPONDENT: RICARDO AGUILERA CASE NUMBER: NOTICE OF ENTRY OF JUDGMENT D92-03467 You are notified that the following judgment was entered on (date), 3AO-43 1. Dissolution of Marriage 2. Dissolution of Marriage — Status Only 3. 0 Dissolution of Marriage — Reserving Jurisdiction over Termination of Marital Status 4. 0 Legal Separation 5. Nullity 6. Other (specify): I +. CARDIAIAI; Date: � ' Clerk, by Deputy iiiJJJ — NOTICE TO ATTORNEY OF RECORD OR PARTY WITHOUT ATTORNEY — Pursuant to th6 provisions of.Code of Civil Procedure section 1952, if no appeal is filed the court may order the exhibits destroyed or otherwise.disposed of after 60 days from the expiration of the appeal time. Effective date of termination of marital status (specify): MAR 10 1993 WARNING: NEITHER PARTY MAY REMARRY UNTIL THE EFFECTIVE DATE OF THE TERMINATION OF MARITAL STATUS AS SHOWN IN THIS BOX. CLERK'S CERTIFICATE OF MAILING I certify,that I.am not a party to,this cause.and that a true copy of the Notice of Entry of Judgment was mailed first class, postage fully prepaid, in.a sealed envelope addressed as shown below, and that the notice was mailed at (place): California, on (date): a,a Date: 3—1 a 3 Clerk, by `",, ARDINA� Deputy FMARLENE AGUILERAI 7 F_ RICARDO AGUILERA c/o WILLIAM C. ULRICH 1733 Springwood Way Attorney at Law Antioch, Ca 94059 2400 Sycamore Dr . , Suite 40 Antioch , CA 94509 I_ I . Form al CoDY Rule 1290 NOTICE OF ENTRY OF JUDGMENT Judicial Council of California i 1290 iRev Ju,V 1, 1 98 51 (Family Law) - it AMENDED' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA OCTOBER 12,1993 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount:$1,500.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: AGUILERA,Marlene ATTORNEY: WILLIAM,C. ULRICH Attorney at Law Date received ADDRESS: 2400 Sycamore Dr. , . Suite 40 BY DELIVERY TO CLERK ON September 15,1993 Antioch, CA 93509 Trand DeTivered BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel' Attached is a copy of the above-noted claim. pH gg DATED: September 20,1993 I 81fIL DepuLyLOR, Clerk i Il. 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). ( Vol) Other: No 13E T14KE4�, OAl ¢rko�uDmc_,UT,_ D&,yY 0!elGlAldE C�.Rtwt Dated: ;, 19 3 BY: Deputy County Counsel 11I. 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 it full. ( ) Other: I certify that this is altrue and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *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 thatltoday 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: BY: PHIL BATCHELOR by 4 _Deputy Clerk 1 - CC: County Counsel County Administrator �I I ;! ;; RECEIVE® SEP 15M 1 WILLIAM C. ULRICH, SB#078212 �-�S a• � . Attorney at Law CLERK BOARD OF SUPERVISORS 2 2400 Sycamore Dr. , Suite 40 CONTRA COSTA CO. Antioch, CA 94509 3 Attorney for Plaintiff, MARLENE AGUILERA 4 GOVERNMENT CODE CLAIM 5 TO THE GOVERNING BODY OF: CONTRA COSTA COUNTY 6 7 OUR CLIENT 7D CLAIMANT: MARLENE AGUILERA DATE OF LOSS/INJURY: January 13 , 1993 8 February 4, 1993 March 10, 1993 9 March 5, 1993 10 and continuing thereafter PLACE OF LOSS: Contra Costa County's 11 1 Clerk's office 12 OTHER RESPONSIBLE PARTIES: Contra Costa County Clerk; MARY M. WADDELL, Deputy 13 County Clerk 14 Attached hereto is Exhibit "D" inadavertently omitted from th claim dated and received September 13 , 1993 . 15 DATED: September 15, 1993 16 17 WILLIAM C. ULRICH 18 19 20 21 22 23 24 25 26 27 28 1 IN THE SUPERIOR. COURT OF THE STATE .OF''CALIFORNIA'!4A V1199 Y'1 i IN AND FOR THE COUNTY OF CONTRA 'COSTA- '"er U A TA CoEwn" . DEPARTIiEAIT 41 A. Creswell, Court Clerk HON. JOSANNA BERKOW DATE: March 5, 1993 I.n re the marriage- ofr 'COUNSEL: MARLENE AGUI ERA 'William Ulrich Petitioner, V. F RICARDO AGUILERA Pro Per Respondent. I . D92 NATURE OFf,PROICEEDINGS r N -034 Case o. 67 UNREPORTED MINUTE ORDER SETTING-ASIDE .DEFAULT:AND DEFAULT, JUDGME , .. Default Hearing came before the Court .on 'February .4, 1.993 . based '' upon` ' t' e I'd' un`ty" ' Clerk's ' clerical: "3 error � in, filincl. petitioner's Request to Enter tDefaul1,t, and =enterina the default' of the 'respordeAnt "o- -January' 13, "1`1993. Respondeat ileei:'a Fcssponse on November ,1Z 1992` Land± default was 'therefore entered 1n error Pursuant. to Code Iof Civil"Procedure'"sectl.on '473,`x' -he' Court, on its own motion, hereby sets aside its prior, judgment for dissolution bf marriage entered on February 4, 1993 and sets aside the January 13, 1993, entry, of default.. \4 h, .5 MarI , 19,3 _ „, / "JOSANNA I`BERKOW REFEREE - JUDGE PRO TEK I CLAIM SEP 1 4110, 0, ERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Claim Against the Count1Ol;Qryljjc govered by) BOARD ACTION the Board of S4perv' f "�t'a --Its, ) NOTICE TO CLAIMANT OCTOBER 12, 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. th^ :taor tzkcn ar ;;",r 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: ANTIOCH BUILDING MATERIALS CO. I ATTORNEY: Mr, Chipman Miles Miles & Brummitt Law Offices Date received September 13, 1994 ADDRESS: 1331 No. California,Blvd, #790 BY DELIVERY TO CLERK ON Se p Walnut Creek, CA 94596 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. pp DATED September 14, 1993ff BUIL BATCyELOR, Clerk epu I I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( VJ 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: (r�c. �y !9 Ii 3 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 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_-,o__ , 1;37— Z Dated: ®CT 12- 11MI PHIL BATCHELOR, Clerk, P, 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. *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: OCT 11993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 CHIPMAN MILES, State Bar No. 40970 RANDALL C. BRUMMITT, State Bar No. 87987 2 MARYANN M. HECHT, State Bar No. 121532 ECEN MILES & BRUMMITT 3 1331 No. California Blvd. , Suite 790 Walnut Creek, CA 94596 SEP 13 OW 4 510/938-4500 5 Attorneys for ANTIOCH BUILDING 4 (�K 0r�r;U OF iA ISORS .� ; p^�C f A coCO. MATERIALS CO. 6 7 ANTIOCH BUILDING MATERIALS 8 CO. , a California corporation CLAIM FOR DAMAGES 9 V. (Government Code Section 910) 10 COUNTY OF CONTRA COSTA, 11 / 12 You are hereby notified that ANTIOCH BUILDING MATERIALS CO. 13 ("ANTIOCH") � claims damages from the County of Contra Costa as follows: 14 1. Claimant' s address is c/o Chipman Miles, Miles & 15 Brummitt, 1331 No. California Blvd. , Suite 790, Walnut Creek, California 94596. 16 2 . The amount of damages proximately caused by the wrongful 17 conduct of the County of Contra Costa at the date of claim exceeds $150, 000, and jurisdiction over this claim rests in the Superior 18 Court. 19 3 . On or about September 21, 1992 , ANTIOCH entered into a subcontract with JOE FOSTER EXCAVATING, INC. ("FOSTER") to supply 20 asphalt concrete and related materials, as part of the State Highway 4 widening, between Route 160 and Big Break Road in Oakley, 21 California. 22 4 . Pursuant to said subcontract, ANTIOCH provided labor and materials of said project for which it has not been paid. 23 5. The County of Contra Costa negligently and carelessly 24 allowed specifications to be distributed which were ambiguous as to permissible pea gravel in asphalt concrete, as well as the effect 25 of stability testing, administered contract operations by stopping work without reasonable justification, accepted a forged payment 26 bond without reasonable precaution, misdiagnosed construction problems, scheduled improper testing, conducted inadequate testing, 27 misinterpreted test results, unjustifiably required removal and replacement of a small portion of roadway, refused to allow 28 materials to be supplied by ANTIOCH, interfered with contractual LAw OFFICES OF Miles&Brummitt -1- SUITE 790 1331 NORTH CALIFORNIA BOULEVARD WALNUT CREEK,CALIFORNIA 94596 1 relations between ANTIOCH and FOSTER, secretly payed FOSTER its periodic progress payments while publicly maintaining its posture 2 that it would not pay due to alleged defective materials, knowing that FOSTER was not paying ANTIOCH, thereby knowingly causing 3 ANTIOCH substantial losses, failed to share relevant data and information caused excessive, unreasonable construction . delays, 4 permitted a high degree of inconsistency in the aggregate matrix and allowed excessive asphalt in the approved mix. 5 6. ANTIOCH is informed and believes that the amount of 6 construction funds currently being withheld by the County of Contra Costa on this project are insufficient to cover the claims of all 7 of the construction claimants who are owed money for labor, materials, services and equipment used on this project, including 8 ANTIOCH. 9 7 . ANTIOCH is informed and believes that the payment . bond accepted by Contra Costa County is a forgery and a nullity. 10 8. Notice of Completion for the project at issue was 11 recorded May 6, 1993 . 12 9. All notices or communications regarding this claim should be sent to IChipman Miles, Miles & Brummitt, 1331 No. California 13 Blvd. , Suite 790, Walnut Creek, CA 94596. 14 DATED: September 13 , 1993 MILES & BRUMMITT 15 16 By CH MAN MILES, 17 Attor ey for Claimant ANTIOCH BUILDING MATERIALS CO. 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF Miles&Brummitt _2_ SUITE790 1371 NORTH CALIFORNIA BOULEVARD WALNUT CREEK,CALIFORNIA 94596 1 PROOF OF SERVICE BY HAND-DELIVERY 2 3 I am employed in the County of Contra Costa; I am over the age of 18 years and not a party to the within action; my business 4 address is 1331 North California Blvd. , Suite 790, Walnut Creek, California 94596. 5 On September 13 , 1993 I caused to be served the within 6 CLAIM FOP DAMAGES 7 on the below-named in this action by placing a true copy thereof 8 enclosed in a sealed envelope and arranging for a courier to hand- deliver the same as follows: 9 Clerk of Board of Supervisors 10 651 Pirie Street, 1st Floor Martinez, CA 94553 11 I declare under penalty of perjury under the laws of the State 12 of California that the foregoing is true and correct. 13 Executed on September 13 , 1993 at Walnut Creek, California. 14 15 9- -- Patricia Eckman 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF Miles&Brummitt SUITE 790 1331 NORTH CALIFORNIA BOULEVARD WALNUT CREEK,CALIFORNIA 94596 BAY AREA DELIVERYy ash 2490 Arnold Industrial Way Suite K (510) 672-6260 PREPAID COLLECT �Concord; CA 94520 ACCOUNT NUMBER I ^ DATE REGULAR SHIPPER s Je CONSIGNEE .w NAME NAME jo > ADDRESS CITY-ZIP PHONEI OTHER TOTAL CHARGES SPECIAL INSTRUCTIONS i ';RECEIVED BY: X y} �' e O Be e w 0 U UpQ Lul p` C3 O O (jr N4-) p N (n O V-4 LO (A LO 4-) 0) � 4-) U U) U) W N N O •rl a) �4 �4 4J I Q) fO r-i �4 O LO M i I �_• > o� D � z o ao � z < v Q U d 0 a