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MINUTES - 10261993 - 1.9
SFP 2 8 rai CLAIM 1, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA COl'N COUNSEL aTIn r7 Claim Against the County, or District governed by) BOARD-AC=TION'; CALIF. the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT OCInBER 26,1993 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: $ 10,000.00 + Section 913 and 915.4. Please note all 'Warnings". CLAIMANT: 0MCN Latirenoe ATTORNEY: Wi7l.iam A, Resmck Attorney at Law Date received ADDRESS: 2201 Broa&ay, Shite 803 BY DELIVERY TO CLERK ON Seetimber 22-1993 , CA 94612-3031 BY MAIL POSTMARKED: No Date an Pbsbmrk 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: Septedpex 27,1993 IVIL Beputy 0R, Clerl� I1. 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: IJ-A4;v� Zp ��93 BY: L4�____Peputy 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). 1V. 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. Q Dated: /Z) - a — q_3 PHIL BATCHELOR, Clerk, By ��1 Qr, . 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 rail 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 wernino 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. pp ��11nn Dated: to -A-7 - BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp LAWRENCE GORDON RECEIVED Against the County of Contra Costa ) SO 22 M or ) CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. Fill in name ) - The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $CLAIM EXCEEDS $10,000 and in support of this claim represents as follows: AND JURISDICTION LIES IN SUPERIOR COURT ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) July 24, 1993, approximately 9:30 a.m. ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) Canon Drive entrance to Tilden Park. (See attached copy of police report. ) ------------------------------------------------------------------------------------ 3• How did the damage or .injury occur? (Give full details; use extra paper if required) Claimant has no recollection due to head injury suffered in accident. Best information is that bicycle spun out of control when it hit rut in the road or loose piles of pavement. ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See Exhibit A. (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Unknown at this time. Claimant alleges upon information and belief that independent contractor, O.C.Jones, 1520 - 4th Street, Berkeley, California, may be involved in the road work here. ----------------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Full extent unknown at this time. No amount given pursuant to Government Code Section 910(f) . Medical expenses are attached. ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See answer to #6 above. ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. See attached list of medicals and the attached police report. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT See answer to #8 above. Expenses are continuing. 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 WILLIAM A. RESNECK C, Aa,�. Attorney at Law Claimant's Signature 2201 ',Broadway, Suite 803 Oakland, CA 94612-3031 Address Telephone No. '(510) 465-6505 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 by: Lawrence Gordon against the County of Contra Costa EXHIBIT A 4 . a. Creation of dangerous condition. See attached police report. b. Failure to provide warning signs of a dangerous condi- tion. C. Inadequate warning signs of a dangerous condition. d. County had actual or constructive notice of a dangerous condition and failed to take protective measures. e. County had actual or constructive notice of a dangerous condition created by its independent contractor and failed to take protective measures. f. County vicariously liable as the owner of the property in question for the negligent acts of its independent contractor. Investigation as to the cause of the accident is continuing, and Claimant reserves the right to add additional claims in the future. EXHIBIT A Re: Lawrence Gordon - Medicals Neuroscan $ 1, 080. 00 115 La Casa Via, Suite 202 Walnut Creek, CA 94598 California Shock/Trauma Air Rescue 3 ,995. 13 4001 Chris Court Soquel, CA 95073 Regional Ambulance, Inc. 727 . 34 41300 Christy Street Fremont, CA 94538 John Muir Medical Center 13, 096.93 1601 Ygnacio Valley Road Walnut Creek, CA 94598-3194 Kaiser Permanente Medical Group, Inc. ? 200 Muir Road Martinez, CA 94553-4696 TOTAL $ 18, 899.40 POLICE DEPARTMENT • MISDEMEANORCRIME/INCIDREPORT CA0011400 EAST BAY REGIONAL PARK DISMCT (510)681.1893 CASE N0. 17990 LAKE CHABOT ROAD HISD. CRIME REPORT J U L 2 5 19 ,i CASTRO VALLEY,CA 94548.1950 Pegs 1 of 7 INCIDENT REPORT CODE SECTIONCRIME / INCIDENT CLASSIFICATION COURT JURISDICTION tiJ A ultA` DATE 6 TIME OCCURRED - DAY DAIE 6 IIME REPORTED LOCATION OF OCCURRENCE � may- 3 030 A-" 17-DY-9,3 / oy&J cne. 1117 PA.) rl�N2K VICTIM: Lj STATE OF CALIFORNIA U EAST BAY REGIONAL PARK DISTRICI U EAST BAY MUNICIPAL UTILITY DIST. THEA (LISI BELOW) CODES: V - VICTIM W . WITNESS RP - REPORTING PARTY DC - DISCOVERED CRIME P - PARENT CODE NAME: (LASI, FIRST MIDDLE SER - RACE DOB S PHONE y GO iZ ..� /� W - 0-y�JADDRESS 7 e? C,c�AG Isla vT �9 7 f� �7 CODE NAME: (LAST, FIRST MIDDLE SER - RACE DOB 1914 ADDRESS �(-�08 C�-HONq W Yyl w K t. kAeT'ON ?LVDF-L ce,�efT SUSPECT ! 1 (LAS!. FIASI MIDDLE) I SES - RAGE DOB -AGE JHT. 1.7. HAin('__ S 'r I r an -sC-., PHONE NO., CLOT---,G OR OTHER IDENTIFYING CHARACIER TICS " °" r"�+.1�-� r U*ARRESTED U CITED ,A C. F i.✓ CUN-1 �•�1 CITE 0 SL'SPECI i (LAS!, FIRST RIDDLE) I S XLR14CE p �0$�•�! +{(1 GF�/��r }iT.�:1-1 G LjAl 1 I EY S _T 1 'i k� ADDRESS, ?HONE NO., CLOTHING OR OTHER 1DENIIFYING CHAAACIERI IIQSO - -.`,- E,53M— CII-cD 1� ! . 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ATTORNEY 0 DOJ/CII �ISPEC OPS CMDR OTHER AGENCY: POLICE DEPARTMENT PROPERTY/EVIDENCE REPORT PACE OF � EAST BAY REGIONAL PARK DISTRICT (510) 881-1833 17930 LAKE CHABOT ROAD CASE 1: CASTRO VALLEY, CA 94546-1950 i 34 PROPERTY CODES DISPOSTITION CODES A-ABANDONED L•LOST CL-C22AE LAS PL•PHOTO LAB D•DAMAGED P•PHOTO EVIDENCE OF-DEPT.CASE FILE RO.RETUR.tiED TO OwxER E•EVIDENCE R•RECOVERED ER-EVIDENCE ROom RF.REFRR:ERATEU F-FOUND S•STOLEV LF-LATENT FILE TS-TOw-ED!STORED I-WPOUNDED SK•SAFE KEEPING NL-NARCOTICS LOCI ITEM PROP. I DISI'O. N0. CODE DESCRIPTION I SERIAL N0. VALUE CODE. o� "13 iq L L I v aY • .dQe. ..u� � fJ�T� : �`��� 1 REPORTING OFFICER(S): DATE&TDAE: REVIEWED BY: I DATE: COPIED BY: AStiIG�F.D: (J RECORDS ONLY COPIES TO: I I DETECTNEs (I COURT I J CHIEF [ I ADMIN CMDR (1 RISK NIGR (I DETECTIVES (J SP ENFORCE.NIENT (J JUV PROS I I OPS CMDR I 1UB STATION: (]SPECIAL ENFORCEMENT (J DIST.ATTORNEY (]DOI/CTI (I SPEC OPS CMDR OTHER AGENCY: ',F WILLIAM A. RESNECK ATTORNEY AT LAW 2201 BROADWAY,SUITE 803 OAKLAND,CALIFORNIA 94812 F- ] (5,5 465-6-3 Fax (510) 76&3674 September 21, 1993 Clerk of the Board of Supervisors County of Contra Costa County Administration Building 651 Pine Street, Room 106 Martinez , CA 94553 Re: Lawrence Gordon v. County of Contra Costa Gentlemen: Enclosed for filing is a Claim presented by claimant Lawrence Gordon against the County of Contra Costa for injuries sustained on July 24, 1993 . Please return a "received stamped" copy of the Claim form to me in the enclosed self-addressed envelope. Very truly yours, a/ (!:�, P-0-� William A. Resneck WAR/deg encs. cc: Lawrence Gordon ON D > O r ! > 03 Z� 0 m M C) O D D m z ' N � * 0 w A w m i 00 Q W �h W 20 ^ N rocr � X 0'0' N M Ns N �, , F fi � 8 O rn rt, :r' ►"( .13O (D y (D N- �j a (D (n rt, Gd m., . .:,....::�....... 0 rt* (t ri O -` K P) A) Ln LJ O FJ-O 00 (AO Du �i - P, cn 0 f; t C l: CLAIM Iij a O(i - 4 1993 2. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, Or District governed by) L BOARD i:ACTION:�.t_;;-. OCT the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT OBER 261 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: $251.48 Section 913 and 915.4. Please note all 'Warnings". CLAIMANT: GUARASCIO, Anthony GUARASCIO, Matthew ATTORNEY: Date received ADDRESS: 2302 Shadtree Lane BY DELIVERY TO CLERK ON September 21, 1993 San Jose, CA 95131 cer i ie BY MAIL POSTMARKED: September 18, 1993 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH gg SL,,.. DATED: October 1. 199 IVIL DATCIELOR, Cler II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - y, l l y J BY: 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 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: /el - e_),(0 9_� PHIL BATCHELOR, Clerk, 8y �1 ,,,,� 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:_r a 7 - �►�3 BY: PHIL BATCHELOR by �� Deputy Clerk LC: County Counsel County Administrator Claim -to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp _]�AkOAW _ RECEIVE® An 4-k-P11A) C'�,( A 6 ) (Gs C, `a ) S EP 2I ► Against the County o Contra Costa ) 993 or ) s a CLERK BOARD OF SUPERVISORS ,e ) cs District) I CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim agair� t the County of Contra Costa or the above-named District in the sum of $ ,�,5/ Y and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) a�, 13, t 993 aFrx ? pn ------------------------------------------------------------------------------------ 2. (Where did the damageor injury occur? (Include city and county) 0l SC__b VfVel 2)q �j ron 0Y) 4YGt Lt-)S-�a 0,0, y -------------------------------------------------------------------- ---------------- 3. How did the damage or njurfy occur? (Give full details; use extra paper if�I required) S e e. Cl4G_CrT\,2 CK 1 4-u Y-es a 'VI a r' vYT. ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? waw GZ ��. �e� Y�. s ova s) >r 5. What are the names of county or district officers, servants or employees causing the damage or injury? vve S ��f r MJ con" (os4zt aft, ------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto�damage. 1- /� �lfl7 OCG' VnGt _ fn-�- �ro P Y?"-,.+- S►"�L�. -'` , on 60a+ ----------------- (� ----------- l 8 1, C1 8 ------------ --------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) � ( ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ,-OGYI -el 8Uss yes- 5$ 3- 5;QS -------------------------------------- -------- -------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM �f AMOUNT -7laolg3 Y2pairi w�el d (off P.�a to n c e roe ' 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 Claimant's Signature ress t) b_S e 1 Ca , 015-131 Telephone No. Telephone No. `7`®� 9 a - �o g * * * * * * * * * * * * * * * * * * 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. V � r � t t r=te �r . . ` . . . The damaqe occurred on the Contra Costa Delta waterways, just outside of Discovery Bay. I was approaching the exit of Lido Bay. The exit from Lido Bay is somewhat blind because of the way the protection levy sits. The protection levys are offset . As you exit , you can clearly see the right half of the channel before you can see to the left . When I crossed the plane of the left levy, I had not left idle speed, and could now clearly see to my left . l saw the sheriff's boat approximately 50 yards down river approaching at approximately 25 mph . l could not turn right because there was a boat there and I could not cut across the bow of the sheriff's boat to pass on the right , because to do so would have been very dangerous, since at this time I did not know what the sheriff was going to do. I chose the safest alternative , which was to follow the levy around and pass the sheriff's vessel on the inside . (His starboard passed my starboard. ) At this time I still had not left idle speed, and being under such low power l have little maneuverablity. The approaching sheriff's vessel did slow to approximately 15 MPH. However , at this speed, the . sheriff's vessel throws a very large wake , and it was that wake that ran my vessel aground. SInce there were other vessels and small watercraft in the area, I feel that the sheriff should have taken evasive action and brought his vessel to idle speed as well . One of the officers on board sam/ my friends and l get out of the boat to push it off the shore , and they still proceeded away from us, even though they saw that their wake had caused us to run aground in the rocks. After we pushed the boat off the shore , and went to get it up on plane , we immediately noticed a severe vibration that did not exist before the incident . We proceeded to catch up to the sheriff to report the damage and the sheriff was rude and argumentative , so we left and reported the CF numbers and report verbally to the sargent on duty that afternoon . f , 3 tam 406-436-0447 INVOICE f • Prop&Hub Repair • Nsed -Ne*d U • Ske9 b Cav Plate Weiding • Pitch Change ^� 5986 • Free Est mates • Cupping PROP DATE AL OP PR®� ���+� 430 Reynolds Circle �,e► TERMS San Jose.CA 9$112 PERFORAIMNCE YOUR ORDER NO. —' — DATE SHIPPED T O ^ SHIPPED VIA QUANTITY DESCRIPTION l AMOUNT cA G��- 23yo { Z 3 2S(3 t I �1 Z'� 3 gig PROP PERFORMANCE DOES NOT -SUB ,. Y,.ASSUME RESPONSIBILITY FOR ITEMS ° SALES TAX ;.DAMAGED DURING THE REPAIR IQ PROCESS. PLEASE PAY THIS AMO ON 'ANY PARTS, MATERIALS ETC. LEFT OVER 30 DAYS WILL BE SOLD `; _r. g COST OF REPAIRS AND STORAGE CHARGES UNLESS PRIOR ARRANGE- MENTS ARE MADE WITH THE MANAGEMENT. PLEASE PAY FROM THIS INVOICE. RECEIVED BY ?. tf"I 3 pt N. y � r MALIBU _ OATS WEST, 3 1861 GR6GAN AVENUE. s a 11TER s k PARTS INVOICE CED. CA 95340 j 4 �'a'+ a PHONE 209-383-7469 FAX 200-383-0499 1 � r * UPS SHIPPER # CA 783 779 ' �t$_a INVOICE NUMBER,.-, {d ; Ft :.? i rC ,��':,' :r""Fti3. _ t.'�.;'t�t5' �3 �sS u,' `^_• 1279Vr '. } lLBS 12ZONE INVS#. € DATE `�i ` " ' 12794 8/09/9'8. 2Y, SOLD t r 5: t �• s F t .'{ ..... } X Aprilc Guaira = o April Guararscio.' ''- tr, tx''302.,Shiicietr Laner � 302 Shadetreet San Joss C r hr A: 952w1 San Jose, 31' # x15 .777, n •-^ o- .., car L fr�r DATE ORDERED SHIP CODE 1 3 v +' :S PACKED BY, a f f, , t Verbal.-, PREV, SHIPVIA ¢ :+ TES F 0 8:_.$ t: - Glenn- RM SALESMAN H ;4 tJ s G ound Mastercard ,O'Me.rced CA `• 'Glenn H111 QTY AS' #e qj 'L Wt .k r'7 s. R btu k x rrt r z :DESCRIPTION rr. r , f . xr TiOTA� 0300A', Propahaf t - 165.88: 0.00 r 0.00 f r.: 0.00 0.00 0.00 Sub Total 165.88 SHIPPING CHARGES SHIP 4.07 C.O.D. FEE SALES TAX. i�. ; = r' 03 a TOTAL DUE 181.98 z 'r rn f i Be Cl i RVIEOCG-tet A� Touut a of (�Szru ru Cans#rz (1Dffirr of #1je *41eriff-Taronrr , Warren E. Rupf Sheriff-Coroner i x:July 22, 1993 ��,,.... Matthew Guarascio 2302 Shadetree Ln. - San Jose, CA 95131 Dear Mr. Guarascio: w Thank you for communicating your concerns regarding a boating incident on July 13, 1993. = The Sheriff's Department always appreciates an opportunity to investigate a citizen's concerns and, if appropriate, make adjustments that result in improved levels of service to the community and its citizens. Your complaint was investigated by Sergeant Rick Morgan of Marine Patrol and reviewed by Captain J. L. Gackowski, Patrol Division Commander. The investigation failed to substantiate your allegations at this time. It appears the incidents you discussed were " . ._ appropriately handled. If you have any further questions, please call me personally or you may contact Captain John Gackowski at (510) 313-2510. Sincerely, WARR E. RUPF, Sheriff-Coroner l Gera T. Mitosinka, Assistant Sheriff ,i e1 A 1980 Muir Road•Martinez,California 94553-4800 tts 01', c0 Y1 s-CeJ I'.�� co ?civn �� ST►cs o,T 1plvc �rv�� vie. �rorn ,/fir C o O'N ; VA ©i.�.`� 0- i Yea Ort a,4. -r 1S cqfroockiv FranA -�-ur �,i c� - t I"e t pr"esen� S P ri ~4 S oGl4- ft-e a f vl~� a a Y� �-C y- Aa a A y ; c � ; ; c" . 77 ri x4 a � r ,ac i t � Y , v e . S=ca ..... NO I � w � 4 E *5 _ 4 x a..,Gi *� +s r5 b -s K-�y r' ,�aT g � "', e.. a� t� r s�"" `"' � 'tea,�,�w ,�;.,,��.�. 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A��ri t-1 za Ais-a"' f ." +f % { z r4 1_11`a_11 S ry n. e Aw_ '` °�r-Y9 a. �- `et ly �� i - 1 ra k. 3 9 e a t � e a ! i"la MIT �ni r f 5- +'a. r t i a r,{x' 'zfty,.�MITI r` t tool," r t r SO— o E, k# r k *",; a p r a s vn ROTA - r >E ,,. 'x.i r* 8 AI t ri; �y fix-z py 0 go OVA way wm,pq x> I j a i a a e i* s ''r 2 �.. E '✓ 3^' r f 3 : a: VIZ., - AMP—, 6 k R fi u _Aur .� E 1^v _i f r +�4 t, ,x {` �i { ,!d t4�`a- a 1 "€ 'a U _ C r y 7r, _ CLAIM ;x ,L 11 OC i - 4 1993 3 . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA �' i u _ l�I i'IT\.n - Claim Against the County. or District governed by) BOARD itTTSOUrrSEL 9 LR - , the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT OCTOBER 26 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: OLIVER, Ruth Lucille and Donald ATTORNEY: Michael P. clark Hinton & Alfert Date received ADDRESS: 1646 No. California Blvd. #600 BY DELIVERY TO CLERK ON September 28. 1993 Walnut Creek, CA 94596-4113 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: October 1, 1993 Jyll DepuLy ELOR� Clerk 11. 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: � ) 9 BY: �' 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 ORDER: By unanimous vote of the Supervisors present ( VThis 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: / p -X - 4 3 PHIL BATCHELOR Clerk, 6y V, (' , 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 Goverment Code Section 945.6. You may seek the advice of an attorney of your choice in connection frith 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: l a - L7- 9 2 BY: PHIL BATCHELOR by�, ( � Deputy Clerk ,-- CC: County Counsel County Administrator • f, ," - r wD DELIVERED R6i A O o - - EIVED 1 MICHAEL P. CLARK - SBN 110917 HINTON & ALFERT F60ARD 2 1646 No. California Blvd. , Suite 600 Walnut Creek, California 94596-4113 CLERKOFSUP RVISORS 3 Telephone: (510) 932-6006 CON'�'RACOSTACO. Facsimile: (510) 932-3412 4 Attorneys for Claimants Ruth Lucille Oliver and Donald Oliver 5 6 7 In The Matter of: ) CLAIM AGAINST 8 ) THE COUNTY OF CONTRA COSTA RUTH LUCILLE OLIVER ) (Calif. Gov. Code §910) 9 ) and ) 10 ) DONALD OLIVER ) 11 ) Claimants. ) 12 ) 13 The above named Claimants acting by and through attorneys 14 HINTON & ALFERT, hereby makes the following claim against: 15 CLERK, BOARD OF SUPERVISORS 16 COUNTY OF CONTRA COSTA 651 Pine Street 17 Martinez, California 94553 18 NAME OF CLAIMANTS: RUTH LUCILLE OLIVER DONALD OLIVER 19 ADDRESS OF c/o HINTON & ALFERT 20 CLAIMANT 1646 No. California Blvd. , Suite 600 Walnut Creek, California 94612 21 22 DATE OF INCIDENT: April 4, 1993 23 LOCATION OF Overlook Drive, north of the intersection INCIDENT with Harvard Way in the City of Walnut Creek 24 and/or County of Contra Costa. 25 AMOUNT OF CLAIM An unspecified amount within the jurisdictional limits of the Superior Court. 26 NATURE OF Claimant Ruth Lucille Oliver suffered 27 INJURIES AND injuries to her left shoulder and right DAMAGES elbow. Claimants seek general and economic 28 damages for personal injury, loss of 1 1 consortium and emotional distress arising from a fall which occurred on property owned 2 and maintained by the City of Walnut Creek and/or the County of Contra Costa. Said 3 damages include, but are not limited to, medical expenses, past and future, lost 4 wages, loss of earning capacity and incidental expenses. 5 NAME OF PUBLIC Public employees, agents, and/or personnel of 6 EMPLOYEES CAUSING the City of Walnut Creek and/or the County CLAIMANT' S of Contra Costa, presently unidentified, who 7 INJURIES AND were involved with the construction and DAMAGES maintenance of the roadway known as Overlook 8 Drive in the vicinity of claimant's fall. 9 CIRCUMSTANCES On April 4, 1993, claimant Ruth Lucille GIVING RISE TO Oliver was walking on the shoulder of 10 THIS CLAIM Overlook Drive north of the intersection with Harvard Way in the City of -Walnut Creek 11 and/or the County of Contra Costa. There is no sidewalk in this area of Overlook Drive. 12 This portion of Overlook Drive is owned and maintained by the City of Walnut Creek and/or 13 the County of Contra Costa. 14 Claimant Ruth Lucille Oliver tripped and fell on raised asphalt on the shoulder of Overlook 15 Drive. This raised asphalt constituted a dangerous condition of public property which 16 was known or should have been known to the City of Walnut Creek and/or the County of 17 Contra Costa. 18 19 Dated: September 22, 1993 HINTON & ALFERT 20 21 22 By MICHAEL P. CLARK 23 Attorneys for Claimant 24 25 26 27 28 2 CLAIM SEP 2 8 'JP BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I� _J ^ni;=dry COUNSEL Claim Against the County, or District governed by) LBOARD ACT;hO,N.,yEZ,CALIF. the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT OM. 26,1993✓ - 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: $ 650.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PEREIRA, Ronald J. IT ATTORNEY: Michael Price (no address given) San Mateo, CA Date received ADDRESS: 2/808 Mission #57 BY DELIVERY TO CLERK ONci=LpmJpr 9'1 AAl ` Hayward, CA 94544 BY MAIL POSTMARKED: q=tpnipr g7r1AA,1 I. FROM: Clerk of the Board of .Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p DATED: er Sept tub27,1993 B IL Bepuiy OR, Clerk a� A II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 4-f 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: 2�/ S�� BY: C'- ' 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 (,/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. Dated: )D-a.c, -X7 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 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 sho4,m above. Dated: /D -X?- <.3 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Bair- to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day- after .the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of .the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims; Penal. Code Sec. 72 at the end of this form. RE: C1 im By )' Reserved. for Clerk's filing stamp ) `;�- ECEtVED Against the County of Contra Costa 2 3 or District) CLERK 80ARD OF SUPERVISORS Fill in name CONTRA COSTA CO. The undersigned claimant- hereby makes claim ainst the County of Contra Costa or the above-named District in the sum of $ SD o©0 and in support of this claim represents as follows: 1. When did the dAmAze or i jury occur? (Give exact date and hour) 3) -rw----- -------------_r_ �2. Where the damage or injury occur? (Include city and county) �. e d� 3 3• How did the damage or injury cur? (Give full details; use extra paper if requir4c> ed) � �Q �. �� . d 10`C Q� - 5 " CT (h f `Mt, a+ ik 6 4,o ptocee4 b(oWn I -e_ to - �—_—www—ww_w—s---I—__--fe 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? - fie r f ecedG0 r ISav �s i ( ver) t:. �. wnat are the names of county or district officers, servants or employees causlt- the damage or injury? ---------- 1 -__.._____- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates' for auto damage. WoL j4L at " ' --------------------- 7. Ho was the amount claimed above computed? (Incl de the estimated amount of any prospective injury or damage.) . cove Cum a ------------------------------------------------------------------____------------ 8. Names and addresses of witnesses, doctors and hospitals. ICA- S r(3 C ---------------------�f- -�_.� .s_-------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Mau yy.� yJf X 7f if � � � � -7f 7f 7f C S Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES,;1G _:"aA")'" or bvaQme persop on behalf." Name and Address''�f`_=At.�9"riey k c ham` A `cam Clai 's Signature Address Telephone No. No U 4-6/• Telephone No. NOTICE Section 72 of the Penal Code provides: - - "Every person who, with intent to�,,defraud, presents for allowance or for payment to any state board or officer,"or to' any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such�)l risonment 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. MATE El Sobrante Body & Fender OF R'PA RS � 4012 DAM-ROAO • CAL (510) 222-2614 ` 1 l 11 i /► 111 C� OWNER 11 1. 1 1, 1 { ADDRESS r �1 Z' ADJUSTER PHONE MAKE YEAR STYLE MODEL I LICENSE DATE " f✓'"'✓„ FRONT PARTS LABOR RIGHT PARTS LABOR LEFT PARTS LABOR MISC. PARTS LrABOR f Bumper Fender, Frt. Fender, Frt. Bumper'Brkt. Skirt&Baffle Skirt, Baffle Bumper Gd. Fender Mldg. Fender Mldg. Frt. System Fender Side Mldg. Fend`e`r Side Mldg. Frame Headlomp Headlamp Cross Member Headlamp Door Headlamp Door Stabilizer Sealed Beam Sealed Beam Wheel park Light, Lens, Door Park Light, Lens, Door Hub Cap Door, Front •Doer; Front Hub and Drum Knuckle Door Hinge J,pobr Hinge Knuckle Sup. Door Gloss 'Door Glass Lr. Cont. Arm Vent Glass Vent Glass Lr.Cont. Shoff Door Mldg. ,Door Mldg. Up Cont. Arm Up. Cont. Arm Shaft Door Handle Poor Handle Steering Gear Center Post enter Post Steering W4eel Door, Rear tDoor, Rear Horn Ring Door Glass ',Door Glass Grill Mldg. Upper Door Mldg. 'Door Midg. Right Door Handle r600r Handle Left Center Rocker Panel a er. Rocker Panel nne Oute' Rocker Mldg. _ t �; y ''Ro ker Mldg. r - - Front Deflector Floor T lo`or r' Horn Frame Frame Baffle, Side {..• Baffle, Lower Quar. Panel 3, s j( Quar. Panel Baffle,rUpper Quar.Mldg. •n"Quar. Mldg. Lock Plate,Y. Lock Plate, Up. Quar. Glass (Quar.Glass Hood Top Fender, Rear �� Fender, Rear Hood Hinge Fener Mldg. Fender Mldg. Hood Mldg. Ornament R MISC. Name Plate u p`gr �ly o Inst. Panel Rad. Sup. Bumper Brkt. Front Seat Rad. Core Bumper Gd: Rear Seat Anti Freeze Gravel Shield Front Seat, Adj. 'Rad. Hoses - Lower Ponel i1riv Fan Blade Floor - 'Headlining , Fan Belt Trunk Lid Roof Panel Water Pump Trunk Light Tire %Worn Cowl Trunk Handle —Tube Battery Windshield Tail Light, Door, lens PointQ� o D Windshield Mldg. Tail Pipe, Brackets UnderccM j Gas Tank- Door Motor Mts. Frame TOTAL MATERIAL �J Clutch"Linkage Wheel TOTAL LABOR u Hub and Drum Transmission Linkage Axle TOWING Spring SUBLET REPAIRS SYMBOL A-ALIGN N3-NEW OH-OVERHAUL S•STRAIGHTEN OR REPAIR EX-EXCHANGE RC-RECHROME _ THE ABOVE IS AN ESTIMATE EASED ON OUR INSPECTION AND DOES TAX 71 NOT COVER ANY ADDITIONAL PARTS OR LABOR WHICH MAY BE RE- QU IRED AFTER THE WORK HAS BEEN OPENED UP. OCCASIONALLY AFTER THE WORK HAS STARTED DAMAGED OR BROKEN PARTS ARE •— -GRAND TOTAL ° DISCOVERED WHICH ARE NOT EVIDENT ON THE FIRST INSPECTION. BY I P 1 Z • v ° D0 " v 1 �r 1 ,1 i , -- -- - - Q - ' - - _ _ rV,7� '_ cc) SARBJEET MISSION Owner VOLVO ISSION _ OTORS �- — Foreign Car Service Automatic Transmission Specialist — — (415)222-5354 3968 San Pablo Dam Rd. •EI Sobrante,CA 94303 1 s �f> .., .. CLAIM ; SFP 2 8 s BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIAN __.______ _ C© ITY COUNSEL� p�,r,�rrar�3 C(Lir Claim Against the County. or District governed by) —BOAROGAGT2ON— the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT OCMHR 26,1993 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:UBpecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CLMINM, Ia ry ATTORNEY: Taw Office of Jay Chafetz Date received ADDRESS: 1375 Creekside Drive BY DELIVERY TO CLERK ON cPami-y-r 21919Al Walmt Creek, CA 94596 BY MAIL POSTMARKED: LSPDtcnJ-)Pr 71,19A3 Certified Mail- # P 177 985 023 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH IL gATCHELOR, Clerk DATED: er Septemb27.1993 B1: Deputy o.11 ,A II. 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: + ,�9r ! g3 BY: LDeputy 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 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. Q /� Dated: i�- �(o -q� PHIL BATCHELOR. Clerk, 8y /�p� . 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 Seen 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:_ iD - -7 _,q, BY: PHIL BATCHELOR by ��, � G��/ Deputy Clerk LC: County Counsel County Administrator RECEIVE® e GOVERNMENT CLAIM Z 3 S )RS TO: CONTRA COSTA COUNTY Attention: Clerk, Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 The following claim is submitted pursuant to Government Code section 910. 1. Claimant's name and address: Larry Cu;im,ings c/o Law Office of Jay Chafetz 1375 Creekside Drive Walnut Creek, CA 94596 2 . Send Notices To: Law Office of Jay Chafetz 1375 Creekside Drive Walnut Creek, CA 94596 3 . The Occurrence: a. Date: April 1, 1993 b. Place: Pacheco Blvd, in Martinez C. Circumstances: Mr. Cummings was riding as a passenger in a County pickup truck when there was an accident involving another vehicle about 10:30 a.m. Claimant was on the truck because he was involved in a Contra Costa County Social Services work program. Claimant does not have a copy of the police report and so is unsure who caused the accident. This claim is being brought now to preserve time. If the County has a copy of the police report, please send it to Jay Chafetz. Claimant intends to assert all possible causes of action and theories arising out of the above circumstances, including but not limited to negligent driving of the county vehicle, negligent ownership, negligent maintaining of the vehicle, negligent hiring of the driver, negligent consent to driving of the vehicle, failure to provide worker's compensation benefits, and any other theories developed through pretrial discovery. 4. General Description of indebtedness, obligation, injury, damage or loss: Claim for medical expenses, loss of earning Claims against Contra Costa County Page Two capacity, pain and suffering, and worker's compensation benefits, including injuries to the eye and head. 5. Names of government employee(s) causing the loss: Unknown. 6. Amount Claimed: The amount claimed would fall within the jurisdiction of the superior court. Dated: September 23, 1993 Jai" Chafetz Attorney for Claimant ~ Q r,y.0 Cl. (i!LLJ d I .—i -- � f L,Lc SPP Q L P O r'm O' Lo 1 =O Lo A J► Ld 0 v I Q 4 t/Y U !� U W N n z w O I--Lo Q x , rn ru 5 r C3 Ln c 12 } '{ 6 V If epi cc i G 0 LU W N j C CC a W �F ¢ u xwwu pg UF ] in N a i CLAIM OCT 41993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA — 000iNTY COUNSEL _ Claim Against the County, or District governed by) `__BOARD.ACTL10N ,UF__ the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT OCTOBER 26, 1.993 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: $272.36 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BARRETT, Robert Page ATTORNEY: Date received ADDRESS: 2849 Pt. Arena Court BY DELIVERY TO CLERK ON September 29, 1993 Antioch, CA 94509 BY MAIL POSTMARKED: September 28, 1993 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Pp October 4, 1993 HHIL BATCHELOR, ClerZk -q� DATED: BY: Deputy I1. FROM: County Counsel TO: Clerk of the Board of S -visors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed tate and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� l g� BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. pp Dated: 10-,,76 -9 PHIL BATCHELOR, Clerk, By fid, _ � �,1QQ� ) . 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 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: I p Q 7.. q 3 BY: PHIL BATCHELOR by �%J eputy Clerk CC: County Counsel County Administrator e tY Clair. to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day. after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of .the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal- Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Vt� {r .RECE EN ED Against the County of Contra Costa /) SEP 29 10 or ) District) ����BOARD OF SUA CO Co.Fill in name ) CONTRA CO The mdersigned claimant- hereby makes claim against, the County of Contra Costa or the above-named District in the sum of $ i1 Q ,3i 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) A � - 3. How did the damage or injury occur? (Give full details; use extra paper if required) A r'� */05 ' ' V-enor_ 1�sp �N iChk) card -ac1cd--fid �r npoc* 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 7. Wnat are the names of county or district officers, servants or employees causing �. the damage or injury? ------------------------------------------------------------------------------------ 5. What damage or injuries do you claim resulted? (Give.full extent of injuries or damages claimed. Attach two estimates for auto damage. -..----r----------------r-----------r- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) lower<- - r , bR � Wird-field. � leae��nen-F; ----------------------------------- ww r---r-r--rr----r-r- N-M------------- $. Names and addresses of witnesses, doctors and hospitals. Q$19 p+. Ar ---------Ani�cc)ri.,(-,A_ q9 5(�9 _ w-rO-N wwNN----r-r-----rN--------1N----� 9. List the expenditures you made on •account of this accident or injury: DATE ITEM AMOUNT IfGov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES'' TO:.,"' orb rson on is behalf." Name and Address of Attorney (Claimant's Signature . SH 5U9 Telephone No. Telephone No. aa a-- ;NOTICE , Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county,,city„or district board or officer, -,authorized-,to allow- or -pay' the �saine$ 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. ADDENDUM TO THE CLAIM OF Obf-ri- a (Print your full name) ( 1) Do you use the roadway as part of a daily commute? Yes X ) No ( } ( 2) Were you aware that construction would be commencing on the roadway? Yes ( ) No O ( 3) Was an alternate route available? Yes ( ) No ( 4) Did you read about the impending resurfacing in the local newspaper? Yes ( ) No X) ( 5) Did you see warning signs advising of loose gravel and a 25 mile per hour advisory sign? Yes ( ) No ( 6) Did the damage result from another vehicle exceeding the 25 mile per hour advisory? .Yes ( ) No J� ) (7) Did a vehicle traveling in the same direction and exceeding the 25 mile per hour advisory sign attempt to pass you? Yes ( ) No (�) ( 8) Did a vehicle coming from ,the opposite direction cause gravel to be thrown onto yoiir- car? Yes ( ) No ( ) , (_9T Was the vehicle, located_ directly,,in front of you.-exceeding the speed advisory? Yes ( ) No X) ( 10) Did you travel the roadway more than once during the " resurfacing prior to the damage sustained to your car? Yes ( ) No (��) ( 11) Did you obtain the identity of the car relating to questions 6 thru 9? Yes ( ) No ( ) If yes, please provide identification below: (12) Please''describe iii' your own words how the gravel caused damage to your vehicle and the angle the gravel was thrown onto the car, along with the specific damaged parts on your vehicle. e' C P Ca rc)O . P-'ce-OJ 4� near- 6S; +ruXO-K CAY d C\-Orrvr� 14-1 -Oc� wI' h irnw1 Wtir�llelc� . I� TC� (Y1� i. ir��bKdd ard LIV ( 13) Were you aware that using the road during the chip seal process might result in damage to your car? Yes ( ) No I declare that the above information is true and correct under the penalty of perjury. ( Signature) t a1 pa C (Date) T T PITTSBURG GLASS CO, CA. CONTR. LIC. 363041 350 E. 10TH STREET / PITTSBURG, CA 94565 / (415) 432-4306 ESTIMATE ` Date Customer: ,--Mo—,x CkYUObU&(,L.IA " Qty-t ri OLv 1/\C'- C� . q 4569' Insurance:_ Description of Work: l9 GJ Estimated by W. COMPLETE GLASS SERVICE -w EAST COUNTY GLASS State License #494305 s Auto • Home • Commercial S 441 EAST 10TH STREET PITTSBURG, CALIFORNIA 94565 REF (510) 432-1433 No. FAX (510) 432-8935 ACCOUNT AGENT PURCHASE DATE NO.: NO.:• ORDER NO.. 09-23-•93 Cr1 U L-3--r- -r IIS CUSTOMER STATE TAX OR EXEMPT N0. CUSTOMER FEDERAL TAX I.D.NO. ADV.CODE SALESMAN I.D. ORDER TAKEN BY INSTALLED BY FEDERAL TAX I.D.NO. 4 DEN 6H-i-->0517t:76 BILL TO: SOLD TO: M. A. X. CONSOLIDATED 2849 POINT ARENA CT. ANTI OCH, CA. 94509 PROOFINSURANCE OF INSURANCE CO. POLICY NO. INSURANCE CO. PHONE NO. CLAIM NO. CAUSE& POLICY NAME LOSS LOCATION AGENT NAME VERIFIED BY AGENT PHONE DATE OF LOSS DEDUCTIBLE 0 a 0 A VEHICLE INFORMATION MAKE Dodge Trt•tck MODEL Van YEAR1975DOORS 4 ODOMETER LICENSE VEHICLE I.D. NO. Qty Bart # Color Kit Labor List Sell Net I DW760 Green/Bli-te 0. 00 3. 0 Hr 60. 00 497. 15 149. 15 209. 15 Oty Description Unit Price Net 1 WCR 760 Weatherstrip 94. 92 94. 9E 1 WLS 900 Blk Lacking Strip 10. 75 10. 75 YOUR NAME DATE START TIME A P END TIME A P AMT/HOW PD. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. All agreements contingent upon strikes,accidents or delays beyong our control. All goods and services ordered or received by the above named party,or their principals,are subject to.the following conditions which are hereby accepted and agreed to by the person ordering or receiving said goods or services. S Lt bt o t a l 314. 82 All claims and returned goods must be accompanied by this receipt. Terms of payment are ten(10)days net from invoice date. All 8. 25% Tax 21. 08 accounts are commercial accounts and not open accounts. All delinquent accounts shall bear interest,service,and carrying charges at maximum allowable legal rate. In the event legal action is commenced on this account,the prevailing party shall be entitled to his costs and reasonable attorney fees. TERMS CUSTOMER'S . heck 335. 84 i x c s� V cc v✓ jfIA d u cd Ch *,Y:l . Ob N n t�l v U3 U uU U� CLAIM S F P BOARD OF SUPERVISORS OF CONTRA COSTA 7 COUNTY, CALIFORNI, COUNTY COUNSEL Claim Against the County, or District governed by) L .nAfiaCTI:0N& . the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT October 26,1993 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 tzken cn yc_r --174- ~.• the 0-0 ms cuperyisors . . (Paragraph IV below), given pursuant to Government Code Amount: $4,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT:, Earl T. (on behalf of ARVSIR0W,, Eric 9 a minor) ATTORNEY: Date received ADDRESS: 3536 Ivfif1in Ave. BY DELIVERY TO CLERK ONSepr 27,1993 II Sobrante, CA 94W3 Pe Stember 23,1993 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: trxrbpr 2701CA3 �tIl BeputyLOR, Clerk Qpm ) II. FROM: County Counsel TO: Clerk of the Board of Supervisors (V.) 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: c=}�-�,�whe�c 2-9, 1993 BY: Deputy County Counsel Gt 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. BOARDD ORDER: By unanimous vote of the Supervisors present ( f) 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. Gated: l o - a,(o - 93PHIL BATCHELOR, Clerk, ByeJ �� � , 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 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: o - a-7 - 9.-� BY: PHIL BATCHELOR by ,%z Deputy Clerk CC: County Counsel County Administrator , -7 IV Clair, to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day. after .the accrual of the cause of action. Claims relating to causes of action for -death or for injury to person or to personal property or growing•crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of .the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District.should be .filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal, Code Sec. 72 at the end of this form. RE: Claim By- ) 'Reserved for Clerk's filing stamp at I �YmSron q /oh, ) beklq(-f tic ri C t m4ro (dt M,h6r) RECEIVED Against the County of Con Costa ) FrS. 2 7 WS District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ of D o_O • too and in support of this claim represents as follows: --�-- rrrrrs---r..«w-s-.�-..---®es..----.�r-r-rN------..-N-NN---1..-----�.-r--N-.�wr-rr-----� 1. Whendid the damage or injury occur? (Give exact date and hour) _J -----_--_ ----- -- ------ ..N----..- ---------------------__-_-__-- 2. Where did the damage or injury occur? (Include city and county) n Ni fl+h A veww� tiAere. I ' Curves SORA wes`f 5/ So�ran sfa Lm �Lt�o� ,erre)--.h- c N- -rr 3• How did the damage or injury occur? (Give full details; use extra paper if required) `j-tje U1 f,� L.,6 r�J�ok CCI A S �U ey � LQ T}• / q �� ! bo�5e�a1`` C 1Q Sg6pa�- ar m ✓►'li��ir\ ��e WO S T���T 'C, , l�1 soh way ru�n', - r +ke , baG uAe�•. �� mdo1pd ► ��� �TJ(�Pry_, i a cic v � ----------------------- 4. What particular act oromissionon the part of county or district officers, servants or employees caused the injury or damage? /..ac(e- o'F Qda, u e S�r�Pe+ repo,aY a VSA W\ail4ehq�•C (over) 1 Y a D. wnat are the names of county or district officers, servants or employees causing the damage or injury? k vt k.vt o w-Y\ -------------------------------------------------------------------------------- 5. What damage or injuries do, you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ON `c�r� �"� h-s le-4 W(I -s j QRS W,e f( chs '�;� �l� t'r a►�►1 ci9�2 s << �l —r----e—e—w®—N--------------------N___�___ANN_--_M_—__-------__M_--_.w----- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) jn� �d 1 c� otamaIeS , o-------------n.---------------e----___M_N_P—_N—_.M----N___--_—O--M_------__---.— $. Names and addresses of witnesses, doctors and hospitals. Ri ck�� wolf wi{►�Gs1s� 3 1 1'►�i iElin Are FI 5'v �r.�o11j aim► Ua�� Sa►-Pa o I - ooz �olr�rove�.w, �ess>35a5 1�1 ({fir n �Q ZI So (�o�S41a�e �� SaK Per �i--andor �CAWY,ev)cson- I►laddl� v\6;i��'ss ���I;n�Je� Ci �o ------------------------------------------------------------------------------------- 9. List the expenditures you made on`aceount of this accident or injury: DATE ITEM AMOUNT - 7 /9- q 3 .���� iii t/��. ii W; i 3 Gov. Code Sec. 91M provides: t "The claim must be signed by the claimant SEND NOTICES TOS ;. (Attorrie;;);��,�,, or by some person on his behalf." Name and Addr`ess- Att'orn&Yal Claimant's Si tore)a� 553 G ��V; K Ave- Address fl3 Telephone No. Telephone No1yl S�59a Cela-lwork� * �e �75F lv 737 (A orh e) NOTICE Section 72 of the Penal Code provides: - "Every person who, with Antent 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. .r 17 MIFLINCT i ,mtm, ORA` AIR R uy- -waM!• u n may+ r?Fv xY L�„y�' ���_� �y�l'Ry+�X✓-Ffi �� 'S^ �`'fi � �'£ Q toou 1E�7 F .fl tiY� y ' .,J APPLICATION TO FILE LATE CLAIMt 'j OCT - 4 199 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA L— - BQARp ACT-TOr Application to File Late Claim ) NOTICE TO APPLICANT OCTOBER 26, 1, Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: PATTON, William Attorney: Address: 3131 Teigland Road Lafayette, CA 94549 Amount: By delivery to Clerk on September 28, 1993 Date Received: 9/28/93 By mail, postmarked on September 27, 1993 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: October 1, 1993 PHIL BATCHELOR, Clerk, By " Deputy II. FROM: County Counsel Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( ✓� The Board should deny this Application to File Late Clai (Section 911.6). DATED: Ml VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors p esent (Check one only) ( ) This Application is granted (Section 911.6). ( ✓'� This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: i o . acs - q 3 PHIL BATCHELOR, Clerk, By. _ 0'a , QQ -) Deputy WARNING (Gov. Code S911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the count within six (6) months Prem the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: l 0 - a? -, 9, PHIL BATCHELOR, Clerk, By 4: Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM �I Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed With the Clerk of the Board of Supervisors at its office in Room 1069 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 ?orm. RE: laim By ) Reserved for Clerk's filing stamp ILL t�m Pf�TTo 6V ,IAS ) RECEIVED Against the County of Contra Costa ) or ) S 81993 District) BOARD OF SUPERVISORS Fill in name ) ERKCONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $OV#M4Z5000 and i support of this claim represents as follows: C 1 o '''D^1� �'`�4 y S �rser v ----------------------------------- - ----- - - ----- ------------ 1. When did the damage or injury occur? (Give exact date and ' ur) �/P. cu►�iuxux. �ar/m a Bn, /ham 30, °ham 7`�w 1� c.d- � �t f ted ro L:?- wKd t, FJ a,i-4 01 hv3 dePc- It + . �e/a�i�d�bCAve � tAl4A .� __-- ----------- ------------------ -----------------_------------------ 2. Where did the or i ju1rryy occur? (Include city and cRunt ) .��"�►`� �'d4ornee�'s ce� �ho te�ud Cc��i� C®��a Tcm•co �s�`� Re�or-�r� -w__-__-r---..--_-r----__N-__----M-_--_-. -__-w-------------..---_-_--_----------- 3. How did the damage or injuryoccur? (Give full details; use extra paper if �. required) Oil ll, l99 Cr4f- }/an u,ro(y a /er`fer ,,oCfa 9+ �fbr� /p�{erAaad bearuu� �1�2 Se� Conor-at Cos artid, :►, fhe D/9s o ��ce Ae /p Goirfa�/ned ma u/se cv i 4 !� � ac v /nUl�- rna�� h; Ca.� Yak . ./F/��c� o cYsclY►Q.«�Lzu�(��lk' � .�vfivtl'� ,e. /�ff�� ��o� a ao/,a/wv�/�eof a o rv, a,n.0 „ p '� P '! Ever �' a -------------------------------------- ------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) �---_,_._.:.- � Ga�r�`1�n u.� - rem a�Z �• , Y041 Cl!y if est" ah its p�4 jetfe�Jiaa6/ that c/" Gv a u rd /6e�'7crt, rz..jon9 w/� � �¢� c�1�s c�.ul� a✓Or � a "{3rd ho-sslE' � . and pOSSrbtu cmde sir Ae a44-d I-t (resu lis 7 t /e&r also, 1110AS L,d4 /ry ,,,a/ rn a•► tsJ�a t m-o�16o obl esus i+/1¢ 4lS/src�b Y%rYq g 100-0 In /oan I The / - Q ecu Sed /e�et~itr»an.-I"„ �' 2 ih�d rn.q 7[`�C Apt r'f n e�s,�i-1_ �.!�•e�'r-n�" LU/l 14 f cvil s4td o- I/riwr�G+l DR t lt7L¢+S• 1 J /r.S>W *.*, x .fes I g / 90 /r s¢or ,-bl,tom Gt0'1 hoof l21 It 1^4eelofs y r�AOf �-o�2cQ tA Q q f _ / .J 74-e kkv c-cwAa rn-a 7,Kc a6O,,-e.. bey A AW ,Nvt s �O 1�rwh k {,�d�(.l Lu tic) Gu a 5 lit� °�`n d t S e,,er c a., 0, A � 92 Cla.4,.aµ.F- aced a 1QwSu�-f � P ti c /�"�.�'- 9+T ~f>�i.2 tSS� • � Gnu./ e d a s /ups bio laded tfia v e-�D 4c all / . t `� ' -Ae--w u",d" Oaf- e� �,�3�3©,199. - a. ori 9�- 4<7/—W d4—>v PIA 44,r ) 06f Aw aAxr ;d Ate`- 44eOW _94:5, � , an �� Aa CL _� 5. What are the names of county or district officers, servants�or employee� causing the damage or injury? ------------------------------------------------------------------------------------ 6. What damage-or injuries do you claim resulted? (Give fall h extent or damages claimed. Attach t494 wo est mates f r au ------------------------------------ ----------------------------- 7. 'How-was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) moolike, Gpu. cos�• AIq d qAA-A 2uw� 0 I n Q-Q� AG V ------- --------------------- _����------------------------------------------ 8. Names_C�,and addresse of witnesses, doe tors RP osp tals l/ mes /I42A O h +C 7022-0, Ss cs� �.eAyve 3 M/1-ucA-iv CJ��� r!� 16f} 9��OB ,flRgy,$di4AIAI 3/3/ /�"/¢`IJF�fA /2nf�1�, �HG�9�JETT�/ CA945W ----------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: , DATE ITEM AMOUNT d7-'�. Gov. Code Sec. 910..2 provides: "The aim must be ed by,the claimant SEND NOTICES TO: (Attorney) or one erson myhis behalf." Name and Address of Attorney wj�� �A Claimant's Signature G4Fr4 (Address) ddr g4iS-41-9 Telephone No. Telephone No. 93 zA -Z 2Z•Z" * �r NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district. board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. PROOF OF SERVICE BY MAIL I, GREGORY W. PATTONV state: My address is 3131 Teigland Road, Lafayette, CA 94549. I am over the age of eighteen and not a party to the within action. On this date I served the within Re: Claim By William E. Patton by placing a true copy thereof in the United States mail, postage prepaid, addressed to: Clerk of Board of Supervisors - Room 106 County Administration Building 651 Pine Street Martinez, CA 94553 I declare under penalty of perjury that the foregoing is true and correct. Executed this August 3, 1993 at Lafayette, California. G P TON 1 William Patton _ 3131 Teigland Road RECEIVED 2 Lafayette, Ca 94549 3 Tel: 510-934-2222 SEP 2 8 10 4 CLERK BOARD OF SUPERVISORS CONTRA COSTA,CO. 5 6 7 8 In the Matter of the ) APPLICATION FOR Claim of William Patton ) LEAVE TO FILE LATE 9 against ) CLAIM CONTRA COSTA COUNTY ) (Gov. Code §911. 4) 10 > 11 TO: Board of Supervisors of Contra Costa County: 12 1. Application is hereby made for leave to present a late 13 claim under Government Code Section 911.4. The claim is founded 14 on causes of action for intentional and negligent infliction of 15 emotional distress, libel per se, and abuse of public office 16 which accrued on March 30, 1993 and for which the County claims 17 were not timely presented. For additional circumstances 18 relating to the causes of action, reference is made to the 19 proposed claim attached hereto as Exhibit A and incorporated 20 herein by reference. 21 2. The reason for presenting this claim is the surprise 22 of claimant as is more particularly shown in the declaration of 23 William Patton attached hereto as Exhibit B and incorporated 24 herein by reference. Contra Costa County was not prejudice by 25 the failure to file the claim in a timely manner as shown in the 26 declaration attached as Exhibit B. 27 28 1- 3. This application is made within a reasonable time of 2 accrual of the action which occurred on March 30, 1993. At that 3 time, the public officer testified under penalty of perjury in a 4 lawsuit that he had published a certain letter to a newspaper. 5 The Letter concerned the private business of District Attorney 6 Gary Yancey and contained false statements damaging to claimant. 7 The letter was written on letterhead bearing the title District 8 Attorney of Contra Costa County and the address of the District 9 Attorney's office in Contra Costa County. It bore the seal of 10 Contra Costa County and it was typed by an employee of Contra 11 Costa County. 12 WHEREFORE, it is respectfully requested that this 13 application be granted and the attached claim be received and 14 acted upon in accordance with Government Code Sections 912.4, 15 912, 8. 16 Dated: September 12, 1993 1.7 A If d� J ct, 18 WILLIAM E. PATTON 19 20 21 22 23 24 25 26 27 28 2 1 E X H I B I T "B" 2 DECLARATION OF WILLIAM E. PATTON 3 I, William E. Patton state: 4 1. I am the claimant in this matter. 5 2. On February 11, 1991 Gary Yancey, the District Attorney 6 of Contra Costa County, sent me a letter concerning a partnership 7 in which he is a limited partner. 8 3. I am a general partner of that partnership and many of 9 the statement he made in the letter were false. Yancey and his 10 wife own a 2% interest in the limited partnership for which they 11 paid $40, 000 and had signed a contract which stated they owned 12 only 2%. Yancey' s false statements seem to be made to justify 13 his contention that he owned either a 2.5% or a 10% interest in 14 the partnership. The letter also suggested that I adjust the 15 partnership ownership to reflect his calculations as to what his 16 ownership interest should be. Yancey' s calculations were 17 mathematically incorrect. He also suggested that by changing the 18 partnership ownership to request his "calculation" I would avoid 19 "possibly embarrassing audits" . 20 4. Yancey published this letter to another partner and a 21 person who is his re-election campaign treasurer. The letter was 22 typed on letterhead bearing the seal of Contra Costa, the heading 23 District Attorney of Contra Costa County, the return address of 24 the district attorney' s office in the courthouse, and it was 25 typed by district attorney' s office personnel. 26 5. Under penalty of perjury in , a deposition, Yancey 27 pointed out that this communication to the third parties was not 28 1- significant in that it was not as though he had published it to 2 the "Times". At that time, I beieved he was familiar with the 3 laws of libel because he had made a point of defining the limits 4 of the publication of the letter. However, on March 30, 1993, 5 Yancey was deposed in another lawsuit. I was present at that 6 deposition and Yancey testified under penalty of perjury that he 7 had given a copy of the letter containing the false statements to 8 a newspaper reporter who has no connection with the partnership 9 referred to in the February 11, 1991 letter. 10 6. March 30, 1993 was the first time I learned that Yancey 11 had broadcast the letter to a newspaper reporter. In light of 12 his earlier concealment of that fact I was unable to bring this 13 claim against the county for damages prior to that date. 14 7. I filed my first claim against the county on August 6, 15 1993, just over four months after accrual of the claim and well 16 within the statutory six months for filing a claim. The claim 1,7 was denied and I am hereby filing this application to file a late 18 claim, even though I believe the original claim was timely. 19 8. The County has not been, nor will it be, prejudiced by 20 granting this application for leave to file a late claim in that 21 Yancey' s testimony is preserved in a deposition transcribed by a 22 certified shorthand reporter. Furthermore, Yancey is still 23 available as a witness, as is the person who typed the letter, 24 the persons who attended the deposition, and the reporter who was 25 given the letter. 26 9. Based on the above, this application should be 27 granted. 28 I The above statement is made on my personal knowledge to 2 which I am walling and competent to testify if so called. 3 Executed under penalty of perjury this September 11, 1993 in 4 Walnut Creek, California. 6 � � -� William E. Patton 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 I PROOF OF SERVICEBY MAIL 2 I, Gregory Patton, state: 3 My business address is 1850 Mt. Diablo Blvd, Suite 430, 4 Walnut Creek, California 94596. I am over the age of eighteen 5 and not a party to the within action. 6 On this date I served the within APPPICATION FOR LEAVE TO 7 FILE LATE CLAIM by placing a true copy thereof in the U.S. mail 8 in an envelope with postage affixed thereon addressed to the 9 persons below 10 11 Clerk of Board of Supervisors Room 106 12 County Administration Building 651 Pine Street 13 Martinez, California 94553 14 I declare under penalty of perjury that the foregoing is 15 true and correct. 16 Executed this September 26, 1993 at Lafayette, 17 California. 18 19 20 *ego Patton 21. 22 23 24 25 26 27 28 r, V k� 4 �1 " r kl r? P� 3 � "u i } f .x Q co b