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HomeMy WebLinkAboutMINUTES - 12131994 - 1.25 CLAIM BOARD Of SUPERVISORS Or CONTRA COSTA COUNTY, CALIFORNIA December 13, .1994 Claim Against the County. or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorse+nents, ) 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 Goverment Code Amount: $250,000.00 Section 913 and 815.4. Piease note all '*Warnings". CLAIMANT: John Roberts Lz kTTORNEY: Righetti Law Firm c/o Milton E. Righetti Date received 00r►4"!TV kDDRESS: 4900 Hopyard Rd. , 4220 BY DELIVERY TO CLERK ON November 10, Pleasanton, CA 94588 BY MAIL POSTMARKED: November 9, 1994 1. FROM: Clerk of the Bard of Supervisors 'TO: County Counsel' Attached is a copy of the above-noted claim. November 9 1994 pp IL ATCHELOR, Clerk DATED: ' dq: puty 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 IS days (Section 910.8). ( Clain, is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � —�` 7 9 BY: � Deputy County Counsel i11. FROM: Clerk of the Board 70: 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 &nter9d is its siinutes for this ate. Dated: ®EC 13 1994 ftIL BATCHELOR, Clerk, By , . ,A"g0„ g� , Deputy clerk YARNING (Gov. code section 913) eject to certain exceptions. you have only six (6) months from the ate this notice was personally sewed or leposited in the nail to file a court action on this claim. See Goverment Code Section 946.6. tw any seek the advice of an attorney of your choice in connection With this atter. 1f you want to consult �n attorney, you should do so iwxedistely. *For additional warning see reverse Side of this notice. AFFIDAVIT OF MAILING declare under penalty of perjury that I be now, and at all times herein mentioned, Mve been a tititen of the inited States, over age 18; and that today I deposited to the United States Postal Service in Martinet, ;alifornia, postage fully prepaid a certified copy of this Bard Order and Notice to Claiant, addressed to fie Claimant as shown above. Q bled: DEC 14 1994 BY: PHIL BATCHELOR by ��d� 1 ,_,Oe9uty Clerk T: County counsel County Administrator BOARD OF aTERVISORS OF CONTRA COSTA CO(JNI"Y 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 1061, 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 JOHN ROBERTS j RECEIVE® Against the County of Contra Costa > NOV 10 19-9-4 or ) District) CLERKCBONTRAOARD O�S A CO PERVISORS Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 250,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) May 16, 1994 2. Where did the damage or injury occur? (Include city-and county) County Courthouse 725 Court Street, Martinez, California. Specifically, in the hallway of the Courthouse. 3. How did the damage or injury occur? (Give Hill details; use extra paper if required) SEE ATTACHMENT 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? SEE ATTACHMENT ,vv, r� D. wnaL are �.ne names of counLy or district officers, servants or employeescausing the or injury? SEE ATTACHMENT --------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. SEE ATTACHMENT 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) SEE ATTACHMENT $. !dames and addresses of witnesses, doctors and hospitals. SEE ATTACHMENT 9. List the expenditures you made on account of this accident or injury: DATE _ ITEM AMOUNT ALL EXPENDITURES 'WIL-L BE }MADE ._AVAILABLE UPON RECEIPT OF MEDICAL RECORDS, WAGE LOSS VERIFICATION. Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person o behalf." Name and Address of Attorney Milton E. Righetti Cl s Signature) RIGHETTI LAW FIRM MILTON E RIGHETTI for John Roberts 4900 Hopyard Road, #220 Same as Address for Attorney Pleasanton, CA 94588 Address Telephone No. (510 ) 460-0900 1 Telephone No. (510) 460-0900 N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for Payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisoru-jent and fine. I Mr. John Roberts was in the hallway of the Courthouse when an inmate, Steven James Holdsworth,was in the process of an escape attempt. Holdsworth had backed out of a Courtroom brandishing a chair. Holdsworth came into contact with Claimant Roberts who in self-defense struck out at Holdsworth. In this process Roberts fell down entangled with Holdsworth. Officers from the Contra Costa County Sheriffs Department,in pursuit of Holdsworth,wrestled with Holdsworth on the floor eventually handcuffing him. Claimant,Mr. Roberts,was injured during this process by the Officers and/or inmate,Holdsworth. 4. (1) The County and/or its officers, servants, and employees failed to take steps necessary to protect the public in both the design of the Courthouse and Courtroom and in the manner that they controlled and supervised inmate, Holdsworth. Holdsworth had a history of violence and was left in the Courtroom, without any form of restraint. Holdsworth's actions,in attempting to escape,were foreseeable based upon his past criminal history. Likewise it was foreseeable that should this inmate escape,the general public would be endangered. The inmate, Holdsworth,had been transported to the Courthouse from Pelican Bay for further prosecution at the time of the incident. The failure by the County and its Officers, servants, and employees to design and safely maintain the Courthouse and, in particular,the common areas used by the general public,is a direct and proximate cause of the Claimant's injuries. (2) The physical actions of the Officers and their contact with the Claimant,in the process of detaining Holdsworth, was the direct cause of Claimant's injuries. 5. The Officers' names will be provided to you as that information is received by Claimant. Claimant requested a Court Services Division Incident Report,however, the first page,or page 1,was not provided. The names in the report are Deputy Davis and Deputy McGowan. We believe that other Officers were also involved in the efforts to secure Holdsworth. 1 Attachment to Claim Submitted by John Roberts 6. Claimant was injured during the struggle with Holdsworth and the Officers, causing him physical injury and resulting in pain and suffering. The injuries resulted in Claimant having to undergo surgery to repair a colostomy. The surgery did not and will not fully restore Claimant to the level he was prior to the incident. 7. The Claimant will have to complete additional discovery to fully ascertain the entire amount of his loss. Claimant will include a claim for lost wages and loss of consortium. The damage claim will include future damages, due to Claimant's current prognosis. 8. Claimant was treated at Merrithew Hospital. The address is 2500 Alhambra Avenue,Martinez,California, 94553. Claimant's primary care physician was Dr. Stinson and the surgeon was Dr. Steven Weiss. Witnesses' names have not been made available to Claimant by the County except for the Officers from the Sheriff's Department. 2 Attachment to Claim Submitted by John Roberts Righetti Signature Center, Suite 220 Law Pleasanton, Hopyard Road Pleasanton, California 94588-3346 Firm ENCLOSURE FOR YOUR INFORMATION Date: 11/9/94 Re: Attached claims for John Roberts Contact: Check Enclosed $ CLERK OF THE BOARD OF SUPERVISORS TO County Administration Building, Rm 106 651 Pine Street Martinez, Ca 94553 �.�.—..- RECEIVED NOV I 0 1994 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 0 For filing and return, of endorsed file copies: We enclose the following to keep you informed of the progress of this matter: Please review, sign and return. Please contact me after you have reviewed this information. 0 Please find the following: 1. Original and one copy of the claim to file against the County of Contra Costa, and 2. Original and one copy of thclaim to file against the Contra Costa County Sheriff's Department, and 3. Pre-addressed envelope for return of a filed.endorsed copy of each of the claims. Thank you. Milton E. Righetti CLAIM BOARD Of SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA December 13, 1994; ;laim Against the County, or District governed by) BOARD ACTION he Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT nd Bard Action. All Section references are to ) The Copy Of this document mailed to you IS your notice Of alifornis Government Codes. ) the action taken on your claim by the Board of supervisors (Paragraph IV below), given pursuant to goverment Code mount: $250,000.00 Section 913 and 916.6. Please note all *W rnings-. LAIMANT: John Roberts TTORNEY: Righetti Law Firm c/o Milton E. Righetti Date received Ca7UNi'YCOUN182 DDRESS: 4900 Hopyard Rd. , #220 BY DELIVERY TO CLERK ON November 1 ,-A 1994ZCAUF. Pleasanton, CA 94588 BY MAIL POSTMARKED: November 9, 1994 FROM: Clerk of the Bard of Supervisors TO: County Counsel, Attached is a copy of the above-noted claim. November 9, 1994 IL ATCi1ELOR, Clerk __Q�� DATED: ��: �puty 1. 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 Bard cannot act for 16 days (Section 910.8). { ) Clain, is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right t0 apply for leave to present a late flails (Section 911.3). other: Dated: �p `/ BY: � Deputy County Counsel 11. FROM; Clerk Of the lard T0: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.)). V. BOARD ORDER: By unanimous vote of the Supervisors present ( V4 This Claim is rejected in full. . ( other: I certify that this is a true and correct copy of the Bard's order "red 1n Its minutes for this data. n Gated: DEC 13 199% PHIL BATCHELOR, Clerk B 1 "d . ��� .. r-�i`�--• A�.�. r.�.- put!' Clerk YARNING Nov. code section 913) abject to Certain exceptions, you have Only si: (6) months from the data this notice was personally served or mosited in t*e nil. U file a court action on this claim. fee goverment Code Section 946.6. w may seek the advice of an attorney of your thOice in connection With this utter. If you want to consult attorney, you should do so immediately. *For additional warning fee reverte Side of this notice. AFFIDAVIT OF MRILING declare under penalty of perjury that I as now, and at all times herein mentioned, Rave been i Citizen of the %ited States, ever age .18; and that today I deposited to the United states Postal Service to Martinez, nlifornia, postage fully prepaid a certified Copy of this Bard order and Notice to Claimants addressed to ,* claimant as shoom above. Ited: DEC 14 1 BY: PAIL BATCHELOR by Deputy Clerk .: Bounty Counsel County Administrator - C! BOARD OF SPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT k. 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 fordeathor 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. Claim 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 Se--. 72 at the end of this form. RE: Claim By Reserved for Clerk's filin stamp JOHN ROBERTS ED Against the County of Contra Costa ) �4 1994 or OF SLJPERVISORS Contra Costa County Sheriff Dept. 11 cLEER CO A,(-nSTACO. Officer Davis., Officer McGowan, ) (Fill in name) Does I through 10) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 250,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? '(Give exact date and hour) May 16, 1994 2. Where did the damage or injury occur? (Include city and county) County Courthouse 725 Court Street, Martinez, CalifornicL, Specifically, in the hallway of the Courthouse. 3. How did the damage or injury occur? (Give full details; use extra paper if required) SEE ATTACHMENT 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? SEE ATTACHMENT • r ., D. wnaU are !.ne names of counLv or district officers, servants or employees causing the c'a:-__be or injury? SEE ATTACHMENT 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. SEE ATTACHMENT 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) SEE ATTACHMENT $. Names and addresses of witnesses, doctors and hospitals. SEE ATTACHMENT 9. List the expenditures you made on account of this accident or injury: DATE ITEM y AMOUNT ALL EXPENDITURES WILL BE MADE ._AVAILABLE UPON RECEIPT OF MEDICAL RECORDS, WAGE LOSS VERIFICATION. � � � 1t iE * � It � .� * � �,# �.*��F�'� •� * .� # # � IF # � � * � * * � f * It � � IF # IE # Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorney) '_ or by s me person o 5. behalf." Name and Address of Attorney Milton E. Righetti Cla' 's Si tore RIGHETTI LAW FIRM MILTON RIGHETTI for John Roberts 4900 Hopyard Road, #220 Same as ddress for Attorney Pleasanton, CA 94588 Address Telephone No. (510 ) 460-0900 , Telephone No. (510 ) 460-0900 * it 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 imprisoruaent and fine. 3. Mr.John Roberts was in the hallway of the Courthouse when an inmate, Steven James Holdsworth,was in the process of an escape attempt. Holdsworth had backed out of a Courtroom brandishing a chair. Holdsworth came into contact with Claimant Roberts who in self-defense struck out at Holdsworth. In this process Roberts fell down entangled with Holdsworth. Officers from the Contra Costa County Sheriff's Department,in pursuit of Holdsworth,wrestled with Holdsworth on the floor eventually handcuffing him. Claimant,Mr. Roberts,was injured during this process by the Officers and/or inmate,Holdsworth. 4. (1) The County and/or its officers, servants, and employees failed to take steps necessary to protect the public in both the design of the Courthouse and Courtroom and in the manner that they controlled and supervised inmate, Holdsworth. Holdsworth had a history of violence and was left in the Courtroom, without any form of restraint. Holdsworth's actions,in attempting to escape, were foreseeable based upon his past criminal history. Likewise it was foreseeable that should this inmate escape, the general public would be endangered. The inmate, Holdsworth,had been transported to the Courthouse from Pelican Bay for further prosecution at the time of the incident. The failure by the County and its Officers, servants, and employees to design and safely maintain the Courthouse and,in particular, the common areas used by the general public,is a direct and proximate cause of the Claimant's injuries. (2) The physical actions of the Officers and their contact with the Claimant, in the process of detaining Holdsworth, was the direct cause of Claimant's injuries. 5. The Officers' names will be provided to you as that information is received by Claimant. Claimant requested a Court Services Division Incident Report, however, the first page,or page 1,was not provided. The names in the report are Deputy Davis and Deputy McGowan. We believe that other Officers were also involved in the efforts to secure Holdsworth. 1 Attachment to Claim Submitted by John Roberts r' V 6. Claimant was injured during the struggle with Holdsworth and the Officers, causing him physical injury and resulting in pain and suffering. The injuries resulted in Claimant having to undergo surgery to repair a colostomy. The surgery did not and will not fully restore Claimant to the level he was prior to the incident. 7. The Claimant will have to complete additional discovery to fully ascertain the entire amount of his loss. Claimant will include a claim for lost wages and loss of consortium. The damage claim will include future damages, due to Claimant's current prognosis. 8. Claimant was treated at Merrithew Hospital. The address is 2500 Alhambra Avenue,Martinez,California,94553. Claimant's primary care physician was Dr. Stinson and the surgeon was Dr. Steven Weiss. Witnesses' names have not been made available to Claimant by the County except for the Officers from the Sheriff's Department. 2 Attachment to Claim Submitted by John Roberts It • �� t E ��.a.' LLp ,. - U z �o. ':64 .0 j :y' � I(t Imo �� H •� a M Prt m LU .r { 00 00 12 icc .' rn i :3y y�l'; �mQtU. w ❑ ❑ ❑ n U cD CM co m �.❑ Z Q o d o N ( a frl LL E 2? 1 k W >-. t IM _^--•--r-^-r v=i E ❑ :q .Z �:a O � Flo , a o z. Z.. v $ El to 143 a= U d O N - � v �='Sy yz m O Q U W �W Ei WC`m 41 u] T W S c Grn > i O -O •� ® 470 0 Elf Z� n � � Ci x m io o •■� g .' Y:Q L c m m �„ oc E . o 0 z'----- ':t'ti m >'�' L,- E.'� t,: t`. 4a '45 N f"a} 'W 0 2 N ''aOV W W YOi W �Z`m Wi l . /� i- � vU �c�v� m aQ W W. W � .o�Z a 'w9'. 2 y2,� :.cm c. c 2�' z•.j N o G O _ .i;.. .. .• ... o waft waft CIZ LLI ++ .a x c .o 'H3nOd 111BUIV 3Hl 3A08V 11 30V1d a ; (INV S138V1 3S3H1 d0 3NO 3AOW3U 3SV31d = i I � _ uabuo.Lsno —19329672866 _ u- • • d - -- -- ----------- ' ` a �I x W8 i CLAIM BOARD DF SUPERVISORS '> CONTRA COSTA COUNTY, CALIFORNIA December 13, 1994 :laic+ Against the County, or District governed Dy) BOARD ACTION At aoird of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT end Board Action. Ail Section references are to The copy of this document Wiled to you Is your notice Of :alifornia Government Codes. 1 the action taken on your claim by the Gard of Supervisors (Paragraph IV below). given pursuant to Government Code Imount: $1,000,000.00 Section 913 and 916.1. Pleas* rote all eW rnings«. :LAIMANT: M. Douglas Swan kTTORNEY. Milton Douglas Swan NOY 2 3 1994 Gate rntired c NT'Yr UNSEL (DDRESS: 1771 Broadway St. , #323 BY DELIVERY TO CLERK ON. November Q&NT �ALIF_ Concord, CA 94520 BY MAIL ►OSTMRK£D:— UM"rq llol„�o,-ort I. FROM: Clerk of the Bard of Supervisors TO: County Counsel Attached is a copy of the 8bove•noted claim. November 23 1994 Il ATCMELOR. Clerk DATED: ��: �puty_��..= 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 acrd cannot act for 16 days (Section 910.8). ( Clain, is not timely filed. The Clerk should return claim on ground that it was tiled late and send warning of Claimant's right to apply for leave to present a late claim (Section 911.3). t ) Other: Dated: `4 8Y: v7-4 --^ Otputy County Counsel 11. FROM: Clerk of the Board 70: county Counsel (1) County Administrator (2) ( ) Claim was returned as vntimely with notice to claimant (Section 031.3). V. BOARD ORDER: By unanimous vote of the.Supervisors present ( This Clain, is rejected in fuil. t ) Other: I certify that this is 8 true and correct copy of the Board's Order entered in its singles for this data. Dated: DEC 13 1994ML BATCHELOR, Clerk, By'_(IA-4 0� Deputy clerk -. WARNING (Gov. cede section 913) Abject to certain exceptions, you have Only six (6) months from the data this notice ram personally served or aaosited in the snit Ce file a court action on this claim. fee Government Code Section 915.6. w may seek the advice of an attorney of your choice in connection Kith this matter. 1f you want to consult N attorney, you should do so taieediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF WILiNG feclare under penalty of perjury that I as now. and at 811 times herein mentioned, We Olen a citizen of the Kited States. ever 89e 21; end that today l deposited to the United States postal Service in Martinez, Ilifornia, postage fully prepaid a Certified copy of this Board Order and Notice to Claimant. addressed to he SWIN&nt as :horn above. , Ited: DEC 14 la IT: PHIL BATCHf1OR by � . �ll��Otputy Clerk C: to+unty 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 See. 72 at the end of this 7-0r—m. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6 * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp M. Douglas Swan ) _ RECEIVE® Against the County of Contra Costa ) MOF D.A. Gary T. Yancey, Molly Graham, Sue Lyon Mr. Marin District) CLEORS Fill n 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 $ 19000,000.00 and in support of this claim represents as follows: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 1. When did the damage or injury occur? (Give exact date and hour) August 24, 1994 2. Where did the damage or injury occur? (Include city and county) Concord CA 3. How did the damage or injury occur? (Give full details; use extra paper if required) The District Attorney;;.Deputy D.A. Molly Graham and does 1-10 conspired to extort and blackmail Plaintiff into giving up his daughter to adoption. The Extortionate document was filed by the Defendant/s on or about August 24, 1994. (See Attached) �— ----------- --------- -�_��_---------����_------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Fraud, Conspiracy, Obstruction of Justice, Negligence, intentional infliction of emotional distress , malicious prosecution, et.al . (over) 5. What are the names of county or district officers, servants or employees causing the.damage or injury? DISTRICT ATTORNEY GARY T. YANCEY, MS. MOLLY GRAHAM, MS. SUE LYONS MR. MARIN, ET.AL. $XX XATXWMED( 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Severe Emotional Distress 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) TO BE DETERMINED 8. Names and addresses of witnesses, doctors and hospitals. TO BE DETERMINED 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT XAMMIRM TO BE DETERMINED Gov. Code Sec. 910.2 provides: "The claim must be igned by the claimant SEND NOTICES TO: (Attorney) orb so erson his behalf." Name and Address of Attorney ': MILTON DOUGLAS SWAN ai is Signature 1771 Broadway St. , #323 1771 Broadway St. ; #323, Concord CA 94520 Concord CA 94520 Address Tel: (510) 689-4207 Fax: (510) 671-9058 1771 Broadway St. , #323 Telephone No. Telephone No. (510) 669-4207 e * ee �te � ee * * ecce * e * 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 ($109000, or by both such imprisonment and fine. r•Jfi4� ` jr� .. �yy ` " [ Laurine Guido Office of the District Attorney .0 2 61 Kathryn Drive Gary T. Yancey, District Attorney 3 Pleasant Hill, Ca 94523 50 Douglas Drive 4 Martinez, Ca 94553 5 6 7 8 Re: DR#665205 Guido vs. Swan 9 ARREARAGES AND LEGAL ADOPTION RELEASE 10 11 We propose that Mr. Swan sign a release that will relinquish him from any legal 12 obligations and all child support payments and back payments pertaining to Angela Guido in return for 13 his signing all legal rights to Michael Anthony Guido for her adoption. 14 15 I Milton Douglas Swan give up all rights as Angela's LEGAL father and authorize adoption to be granted 16 to Mr. Michael Anthony Guido. I understand by signing this document I surrender all rights as Angela's 17 legal father. I also understand that I will no longer be responsible for the arrearages owed 18 (PERTAINING TO ANGELA) to the District Attorney Office Family Support Division. 19 20 by signing below I execute this document in full understanding, of the consequences. I do this under 21 my own free will and choice. 22 23 24 Milton D. Swan Date 25 it is so ordered: 26 27 Presiding Judge of the Superior Court 28 Family Law CLAIM BOARD OF SUPERVISORS :CONTRA COSTA COUNTY. CALIFORNIA ;1air Against the County, or District governed Dy) NpARD ACTION 13, 1994 At Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT end Board Action. Ail Section references are to The copy of this document riled to you is your notice of 41 ifornis Government Codes. 1 the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code beount: $3200.00 + Section 913 and 915.4. ►lease note all 'Warnings". XAIMANT: Said Na jafi , ►TTOUEY: 0 V 2 2 1994 Date received COUNTY COUNSEL IDDRESS: 1312 Spring Meadow Ln. BY DELIVERY TO CLERK ON Nn-,ramhar �ajTZPALIF. Concord, CA 94521 BY MAIL POSTMARKED: NnvPmhPr 2.1 _ 1994 1. FROM: Clerk of the Board of supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL ATCMELOR. Clerk Yp� L DATED: November 22, 1994 ��: �puty �a � Il. 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 to 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 earning of claimant's right U apply for leave to present a late claim (Section 911.3). l ) other: Dated: �`""�"""�"` z p ! `� BY: Deputy County Counsel 11. FRDM: Clerk of the board T0: County Counsel (1) County Administrator (2) . ( ) Claim was returned as untimely with notice to claimant (Section 011.3). V. ADARDDOORDER: By unsnimous.vott of the Supervisors present M this Claim is rejected in full. l ) other: I certify that this is a torte and correct copy of the Board's Order Ontered in Its msiates for this date. QQ Dated: DEC 13 1994 PHIL BATCHELOR, Clerk, BY. (�4 .n . 1/���. Deputy Clerk WARNING (Gov. code section 913) object Uo certain exceptions. you have only tis (6) months from the date this uotict was personally Served or eposited 1n the mail to file a court action on this Claim. Set Governmxent Code Section 946.6. DW way seek the advict of an attorney of your eftice in connection with this tatter. If you want to consult h attorney, you should do so immediately. *For additional warning see reverse Bide of this notice. AFFIDAVIT of MAILING declare under penalty of perjury that I as now, and at all times herein mentioned, have been a tititen of the sited States, over age 18; and that today I deposited is the united States Postal service in Martinet, ilifornia, postage fully prepaid a certified copy Of this Bard order and Notice to Claimant. addressed to he claimant as shod" above. abed: DEC 14 1994 By: PHIL BATCHELOR by J Otputy Clerk C: sou"V cohmsel County Administrator _ C j ti0 ♦ VO - o i i � •r s Ljj CZ vmw�_r. t., t: LIJ o � i o Ir I p z7 03 CT` Q ,} f p C3 _� M �- c u, M Clain: 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 RECEIVED Against the County of Contra Costa ) NOV 22 1994 or ) District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim againss the County of Contra Costa or the above-named District in the sum of $ , A and in support of this claim represents as follows: 1. When did the damage or injury occur? '(Give exact date and hour) 0t*-cb,tr' d 1, t` 9+ W 30 Pry 2. Where did the damage or injury occur? (Include city and county) \/0,�1-y rau�Q a l- Ba\rj 1000 bef re Ctwd) r00J, Nn COY-CR 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Over) 5, wnat are the names of county or district officers, servants or employees causing the da.-�age or in jure? ------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ---------------- 7. ------ -7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Say b©� S. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorne ) or by some 22.rson on his behalf." Name and Address of Attorney ' r Claimant' Signature- 131Z SPO Ap-,,At,�3 Lin-. Address Telephone No. Telephone No. �O U— W S 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 imprisonrjent and fine. doll. J`li 199y<. r TO '. C1e k e Boor « j �uQe,�(1►so�S sAiD �ATi FA V� Lo lD 13J Z SPCir� M�e�oW !:n IR 1f (os l Pira S}.. o-rd, No�j�;re3, cR. 94sS3 SR_►-'D—P�1.lS . -Cans?�r_uc�;�Q.n 3:o,r.�.�(_;ou�rlay(?+���.�by_o1.iv�d�s.;�v�-��n_c�-•-/ara b -6-mel La_ 'Mgi. lle 2bCk e -cam 1 �ws�( Coh n 1 G b_o. -��-Fe e_f a.Ae,,j_ �- _ � rea s:oYt— e��-° .n o�'youv�✓dor C4VY:�i s i-e-S n_ S.r _So.Yvn--_J4e' �-eo_ - r Pvw'y_.s D i P or a y`0_e_l.�ow�vr �;TemQararr Pus}:cJ;O.n lz Sid e ro ri_c( ;r 00ra�Ci_I11e rfG.e Cu. _ Ytl SM � _�t� cx '�- —Phi ���t�:rk�,_s�e�r;P_I�cca��►/��f 9_�f� o2e_; o_�3_arr�=tac�es twi' 2i�w L.v w S�`�_r_s_czx._fe_S�? _Yo c o✓a�,Y_8;1' _s� roP off'_ne�x--+a �O-ve_) o_n _WA - 66 �'o�� � s``�e-�/_skfk�e C�yb� �� _ .__ y —..._c�s_P� COns�c�,��, 5�e.�y_,..m�+►�a-Q.Pwbl��l��b`��,C��fra_Y�� r 1.o„ve_eOc►.,��e _P_i' f-es,_�a1:1 abov_� e s c._,'_1abJe._l or:�Alk)r I In s MAJ-6F J & C BODY SHOP, INC. 1124 Erickson Road Mack Arenas,,, Concord, California 94520 Randy Armas Tel (510) 825-3800 Fax(510) 825-3801 Name I AjA4-TA'F Phone 6,0-7' SO Date Address-43/2- Spli rzk h C&I-off +{ nCo�c// C(���1 Insured by Year&Make a+-' Style 0a5License ,f Y ��_motor No. Serial No. Mileage Symbol FRONT Labor Parts symbol LEFT Labor Ports Symbol RIGHT labor Ports i Bumprr od Bumper Brit. Z Fender, Frt. Fender, Frt. Bumper Gd. Fender Shioid Fender Shield Frt.System Fender Mildg. Fonder Midg. Frome Headlamp Heodlomp Cross Member Headlamp boor If Headlamp Door VV Stabiliser 17 Zd Sealed Boom Sealed Boom Wheel Cowl Cowl Hub Cap Windshield Windshield Hub&Drum Door, Front Door, Front Knuckle Knuckle Sup. Is Door Hinge Door Hinge Lr. Cont. Arrn,-Shafk 11 t 117 Door Glass Door Glass Vent Glass Vent Glass Up. Cont.Arm-Shall V Door Mldgs. Door fig• Shock Door Handle Door Handle Spring Center Post Center Post Tie Rod Door, Rear Door, Rear Steering Gear Door Glass - Door Glass Steering Wheel _plea►IWdg.. --' Door Mldg. Horn Ring Rocker Panel Rocker Panel / Gravel Shield t3 O Racier Mktg. Rocker Midg. Pork. Light Floor Floor From* Frome Rod. Grille 00 Dog Leg Dog Leg y Quer. Panel Ouar.Panel Ouar.Midg. Guar.mwg- Ouar. Glass Ouar. Glass Fender, Roor Fendir, Rear Fender Mktg. Fender Mldg. Fender Pad Fender Pod Name Plate REAR Misc. Horn Bumper Inst. Panel some, Side Bumper BTM. Front Seat gee, Lower Bumper Gd. Front Seat Adi, Some, Upper Grovel Shield Trim Lads Plate. Lr. 11 Lower Pone) Headlining Leek Plate. Up. 11Floor Tap Hood Top 11 Trunk Lid Two % Warn Hood Hinge I Trunk Light Tube Hood Mldg, I Trunk Handle Sato"V Ornament I Toil Light }. Paint K) Rod. Sup. Q Tail Pipe U O ! Red.Core I Gas Tank Anti Freese G?O 11 Frame LASOR HO y j And. Hoses 11 Wheel Fen 6,ed, 11 Hub i Drum PARTS `� ¢ Fen Belt 11 Aide . TAX j CL- water 6Water Pump Spring TOTAL Me%,Mts. Clutch Linkage ADVANCE CHARGE GRAND TOTAL; E- A-Align N-Now OK-Overhaul S-1 OR or Repair M RC-Roa aim U-For Used Part Siyrsods ES TE EXPIRES 30 DAYS FROM DATE 002152 PACIFIC AUTO BODY,SHOP 2575 MONUMENT BLVD. CONCORD,CA 94520 DAMAGE REPORT TEL:(510)825-2099 Name: IL AIA L� �/ fJ Dante of Inspection: Address • I��� SPr;n�M���'I IIJL O Res.Tel: C� �/ g �/ 4 / r� SERI- VIN Bus.Tel : BODY SI'YFS LE VIN MAKE YEAR Q o S S MILEAGE DWif—mX&tNAcruRED LICENSE NUMBER: �.. t PARTS LABORREFINISW PAINT: RBPAITi nA 6 DE5CRIP TION _ LIST xouas HOURS SUB�LET� 1 � s 2 �1TL &3 La .3 3 4 5 G / r 6 07 7 8 9 44. 10 12 ' � S lL-` � o 13 % S 14 1L 15 16 17 18 T IUA-17�� 14 C' 20 21 22 23 24 25 LABOR HRS. r TOTAL REF HRS.----}Z�—F— TOTAL �'�� PER LABOR HRS. X HRS. a $ PARTS r LIST S ' $ PAINT.MATERIALS.k NET ITEM S s 6 R Customer's Signature: SALES TAX l TOTAL REPAIR COST $ �', Date: CLAIM BOARD OF SUPERvISORS CONTRA COSTA COUNTY. CALIFORNIA A . December 13,1.-1994 Claim Against the County, or District governed Dy) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document wiled to you is your entice of California Government Codes. 1 the action taken on your claim by the Board of Supervisors (Paragraph IV bttow). given pursuant to Government Code Amount: Unknown Section 913 and 916.4. Please note alli y� A w,NT• Cynthia M. Hall CLAI . � 0 V 2 1 199 ATTORNEY: 6UNTY COUNSEL Date received MARTiNEZCAUF. ADDRESS: 21 Market Ave. BY DELIVERY TO CLERK ON November 21, 1994 North Richmoiid, CA 94801 6Y MAIL POSTMARKED: Hand Delivered via: Housing Authority 1. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. GATED: Njovember 21, 1994 yylL ATCHELOR, Clerk p� �1: �puty .4 11. 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 to notifying claimant. The Board cannot act for 16 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: l(- 22, - 9 q BY: peputy County Counsel 11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notict to claimant (Section 911.3). V. WRD/ORDER: By unanimous vote of the Supervisort present ( �) This Claim is rejected in full. 1 ) Other: I certify that this is A tau and correct copy of the Boards Order entered ie its alnutes for this date. �1 Dated: DEC 1IMPHIL BATCHELOR, Clerk, By. Q, Otputy Clerk YARNING (Gov. code section 913) object to certain exceptions, you have only six (6) months from the date, this Notice as personally served or sposited in the mail to file a Cour! action an this claim. See Government Code Section 916.6. Du nay seek the advice of an attorney of your choice in connection With this niter. 1f you went to consult n attorney, you should do so Immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING declare under penalty of perjury that 1 as now, and at all times herein mentioned, have been a Citizen of the united Suits, over age 31; and that today i deposited 1n the United States Postal Service is Martinez, alifornia, postage fully prepaid a certified Copy of this Board Order and Notice to Clairnte addressed to he tlaixynt As shorn about. A Q %ted__� r �. BY: PHIL 6ATCHELOR by YLl`2a.A�Dtputy Clerk r C% ZO&Mty u4mstl -- County Administrator - CAARMA Carl Warren & Company California Housing Authority Risk Management Agency CLAIMANT: Cynthia M. Hall TO: BOARD OF COMMISSIONERS 21 Market Avenue HOUSING AUTHORITY OF THE North Richmond, CA COUNTY OF CONTRA COSTA 94801 PUBLIC LIABILITY ACCIDENT/INCIDENT CLAIM SUBMIT VIA MAIL OR FACSIMILE TO: 1.CARL WARREN&CO.,ATTN.:LOU FREIHEIT,CENTRE POINTE,165 LENNON LANE,STE 101,WALNUT CREEK,CA 94598 (800)998-4763 • FAX(510)938-6648 2.ARMTECH,INC.,6939 SUNRISE BLVD.,STE 201,CITRUS HEIGHTS,CA 95610 • 916-726-8324 • FAX 916-726-6558 MEMBER AUTHORITY: Housing Authority of the CCC DATE OF ACCIDENT/INCIDENT:10-14-94 TIME:—AM—PM LOCATION OF ACCIDENT/INCIDENT: 21 Market. Ave. , N. Richmond Ca 94801 NAME: Cynthia Hall TENANT?Y X N_ UNIT TELEPHONE: 510-236-8459 -oDATE OF BIRTH: 05-08-56 SSN: 4 3 5 - 0 6 2 1 6 7 zQ MARRIED?Y N X SPOUSE'S NAME: - p� IF NOT A TENANT: RECEIVED� oa _j ADDRESS: -' TELEPHONE: EMPLOYER NAME AND NOV 2 11994 ADDRESS: - TELEPHONE: RD OF SUPERVISORS FULL DESCRIPTION OF GONTh. ACCIDENT/INCIDENT: Resident reported on 10-28-94 that a large branch of a tree fell onto ow her car. PHA staff immediately went and determined the tree is on PHA property. o 9 Pictures were taken and Davy Tree was imirediately called to remove tree, which was P z done or 11-04-94. Vehicle is an older model that has no plates, Ms. Hall states the Uo vehicle runs. Ms. Hall waited 14. days to report incident, PHA staff were unable to o 5 notice down brach due to location of tree and blind area. a DESCRIBE ANY DAMAGE TO TENANTS UNIT: Branch removed on 11-04-94 by Davy Tree, approl>imately 15" diameter dent or_ roof of vehicle. WAS THERE AN INJURY COMPLAINT AT THE TIME OF THE ACCIDENT/INCIDENT? Y N X WAS THE INJURY VISIBLE OR OBVIOUS? Y_N DESCRIBE INJURY, IF ANY: z STATEMENT BY INJURED PARTY: WAS TREATMENT OR TRANSPORTATION RENDERED OR REQUESTED? Y N X IF SO,WHERE AND BY WHOM? TELEPHONE: U) FULL NAMES ADDRESSES TELEPHONE EMPLOYEE? W U) LU 1. Y z_ 2. Y_N_ 3. Y N W ZOa CLAIM PHONED IN TO ASSOCIATED? Y X N— DATE: 10-28-94 TIME: —AM PM M Cr BY WHOM? Cynthia Hall REPORTED TO: Linda russo IMPORTANT:REPORT MUST BE SIGNED! LAST MINUTE CHECKLIST DATE OF TwISR RT: 11-14-94 19 1. PHOTOGRAPH ATTACHED? SIGNED. 2. IF NO PHONE,WRITE"NO PHONE" PRINT NAM 3. IN CASE OF CHILD,GIVE PARENT'S NAMES. SEND ORIGINAL IMMEDIATELY TO CARL WARREN&CO. 1st COPY TO ARMTECH;2nd COPY FOR MEMBER CLAIM _ BOARD OF SUPERVISORS OF CONTRA COSTA. 000NTY, CALIFORNIA December 13, 1994 Claim Against the County. or District governed Dy) BOARD ACTION the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document wiled to you is your notice of California Government Codes. 1 the action taken on your claim by the Board of Supervisors (Paragraph IV below). given pursuant to Government,,Coda.,,. . Amount: Unknown Section 913 and 015.4. Please note all •Wings": CLAIMANT: Rita Hollander COUNTY COUNSEL ATTOaNEY: IWART(NEZ CALIF. Gate received November 17 1994 ADDRESS: 806 E1 Pueblo Ave. BY DELIVERY TO CLERK ON Pittsburg, CA 94565 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. PpHHQ DATED: NwPmhPr 17_ 1994 a1:IL �AputyTCHELOR Clerk efl, ,�➢ ���J 11. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 010 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Bard cannot act for 25 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: ll- Z P'- 4 y BY: �. Deputy County Counsel Ill. FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 011.5). IV. BOARD ORDER: By unanimous vote of the Supervisors present (V) This Claim is rejected in full. . ( ) Other: I certify that this is a true and correct copy of the Board's Order "red in its minutes for this date.��rr`` n Dated: C 3 199 M11L BATCHELOR, Clerk. ey—,J.-, ,n Jl �, Deputy Clerk YARNING (Gov. Code section 913) subject to certain exceptions, you have only six (6) months from the date this notice ms personally served or laaosited in the nil to file a court action on this claim. See 6overnment Code Section 045.6. au may =eek the advice of an attorney of your choice in connection gith this utter. if you went to consult n attorney, ,you should do so tarnediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING declare under penalty of perjury that 1 an now, and at all times herein mentioned, Aare been a eititen of the inited States, over age 28: and that today 1 deposited to the united States Postal Service in Martinet. ;alifornia. postage fully prepaid a certified copy of this Bard Order and Notice to Claimant. addressed to ,he slaimant as shown above. sled: DEC 14 1994 BY: PHIL BATCHELOR by M: .� �.x.�1� �� Deputy Clerk ,C: County Counsel County Administrator CHARMACLAIMANT: Mrs. Rita Hollander Carl Warren & Company California Housing Authority Risk Management Agency 806 El Pueblo Avenue Pittsburg, CA 94565 HOUSING AUTHORITY OF THE COUNTY ..� OF CONTRA COSTA PUBLIC LIABILITY ACCIDENT/INCIDENT -CLAIM NOV 17 1994 SUBMIT VIA MAIL OR FACSIMILE TO: 1.CARL WARREN&CO.,ATTN.:LOU FREIHEIT,CENTRE POINTE,165 LENNON LANE,STE 101,WALNUT CREE Cf4ft%ARD OF SUPERVISORS (800)998-4763 • FAX(510)938-6648 CONTRA COSTA CO. 2.ARMTECH,INC.,6939 SUNRISE BLVD.,STE 201,CITRUS HEIGHTS,CA 95610 • 916-726-8324 • FAX 916-72P-655,By �d MEMBER AUTHORITY: e�i 4tal V i+_avko/Lt DATE OF ACCIDENT/INCIDENT: /e/V//94/TIME: AM 1 PM 7S.6i age- LOCATION OJ w ACCIDENT/ C/INCIDENT: , ,19&C /Q21� OeC �� �l I/P�lo C JP GcJ C� NAME: � fT4114. t d e a TENANT?Y N— UNIT TELEPHONE: 51-49 15199-319,2- DATE 99-c319,2-DATE OF BIRTH: SSN:�� 02 - - 02 •� .� zQ MARRIED?YX N SPOUSE'S NAME: 40agAJa. 0/[a-•oder- as IF NOTA TENANT: o� ADDRESS: J TELEPHONE: EMPLOYER NAME AND ADDRESS: TELEPHONE: FULL DESCRIPTION OF LL ACCIDENT/INCIDENT: &Aiea4_,mZ `ow � �[-�Gl�Gi Q l C / lj O rhe- e?c� W!S 74e Z9 n, Pa� e tv w �•�a l�-d Q. She1AJu,1-1p lJa�7'vn. EE UW On U p U a DESCRIBE ANY DAMAGE TO TENANTS UNIT: WAS THERE AN INJURY COMPLAINT AT THE TIME OF THE ACCIDENT/INCIDENT? Y_N ✓ WAS THE INJURY VISIBLE OR OBVIOUS? Y .✓N— /i-9-9 DESCRIBE INJURY, IF ANY: .gkwj eel Ze7t x-1 e- c z -STATEMENT BY INJURED PARTY- . 1 n_c , u e!- WAS TREATMENT OR TRAN PORTATION RENDERED OR REQUESTED? Y ✓N IF SO,WHERE AND BY WHOM? eUwA� C 1/&-A&X&A& TELEPHONE: w FULL NAMES ADDRESSES TELEPHONE EMPLOYEE? w 1. Y z_ 2. YN 3. GYN op CLAIM PHONED INTO ASS Cl D? Y ✓N— DATE: l�`7 ' TIME: � �� tiF�l�PM =ate BY WHOM.) REPORTED TO: IMPORTANT:R /PORT MUST BE SIGNED! ST MIN CHECKLIST DATE OFT RE T: / — 197 1. PHOTOGRAPH ATTACHED? SIGNED: ;'., { ; 2. IF NO PHONE,WRITE"NO PHONE" PRINT NAME: O 3. IN CASE OF CHILD,GIVE PARENT'S NAMES. SEND ORIGINAL IMMEDIATELY TO CARL WARREN&CO. 1st COPY TO ARMTECH;2nd COPY FOR MEMBER CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 13, 1994 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: Unknown Section 913 and 915.4. Please i�it ll slhrni"so.;, CLAIKANT:Wayne Hollander ATTORNEY: .CU3MTY COUNSEL Date received MAFITINEZ CALIF. ADDRESS: 806 El Pueblo Ave. BY DELIVERY TO CLERK ON November 17, 1994 Pittsburg, CA 94565 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. November 17 1994 iglL LATCHFLDR, Clerk DATED- puty 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: BY: �. �/ Deputy County Counsel Ill. 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 {v1/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: DEC 13 i994 PHIL BATCHELOR, Clerk. By .. - ek„'_pj,�� . Deputy clerk YARNING (6ov. code section 913) subject t0 certain exceptions, you have only six (6) months from the date this notice was personally served or 00sited in the mil to file a court action on this claim. see Government Code Section 94S.6. ow way seek the advice of an attorney of your choice in connection g1th this setter. 1f you want to consult ffi attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING declare under penalty of perjury that 1 as now, and at all times herein mentioned, have been a Citizen of the Mited States, over age 18; and that today I deposited to the United States Postal Service in flartinez, ;alifornia, postage fully prepaid a Certified Copy Of this Board Order and Notice to Claiennt, addressed to :he Clair lai Ant as Shown above. kited: DEC 14 1994 IT: PHIL BATCHELOR by� oeputy Clerk .C: tounty Counsel County Administrator CHARMACLAIMANT: Carl Warren & Company California Housing Authority Risk Management Agency Mr. Wayne L. Hollander HOUSING AUTHORITY OF THE COUNTY 806 E1 Pueblo Avenue OF CONTRA COSTA Pittsburg, CA 94565 PUBLIC LIABILITY ACCIDENVINCIDENT ' CLAIME, NOV 1 7 1994SUBMIT VIA MAIL OR FACSIMILE TO: -1.CARL WARREN&CO.,ATTN.:LOU FREIHEIT,CENTRE POINTE,165 LENNON LANE,STE 101,WALNUT CRE FIC)pF SUPERVISORS (800)998-4763 • FAX(510)938-6648 CONTRA COSTix CO, 2.ARMTECH,INC.,6939 SUNRISE BVD.,STE 201,C TRUS HEIGHTS,CA 95610 • 916-726-8324 • FAX 916-726-6558 � d MEMBERAUTHORITY: UTA) �! DATEOFACCIDENT/INCIDENT: TIME:°7- PM 91�5- LOCATION OF AC IDENT/INCIDENT: 1 'r, G% BOG o -. NAME: L e a4t e/Z TENANT?Y_ UNIT J-11 TELEPHONE: /D S1912 _ r -0 DATE OF BIRTH: _ SSN: z Q MARRIED?Y_ ?A N— SPOU E'S NAME: /Q , �la�af aa IF NOT A TENANT: U0 ADDRESS: TELEPHONE: EMPLOYER NAME AND ADDRESS: TELEPHONE: �1rr FULL DESCRIPTION OF ACCIDENT/INCIDENT: We- -a w CCs /A)We o_ e v e- e n �s t �t/ee. /lam U w �_ _�/ Gt i'N I'd Pxd C 00 pU U a DESCRIBE ANY DAMAGE TO TENANTS UNIT: WAS THERE AN INJURY COMPLAINT AT THE TIME OF THE ACCIDENT/INCIDENT? Y_N ✓' WAS THE INJURY VISIBLE OR OBVIOUS? Y °t-a _N .T Cn DESCRIBE INJURY, IF ANY: A �s r1 D , z STATEMENT BY INJURED PARTY: F WAS TREATMENT OR TRANSPO TATION REND RED:OR REQUESTED? Y IF SO,WHERE AND BY WHOM?Ve?',ef SLS -, a L2 TELEPHONE: 3�a a4 �3 v U) FULL N MES ADDRESSES /� TELEPHONE EMPLOYEE? w 1. _ l °� 6 �C`o E'e 1�De-6 l/lit/ �'33\ 73 902 Y N z_ 2. Y N 3 3. Y N =Q CLAIM PHONEDAN TO AS IATED? Y N— DATE: (' _:fir TIME: AM PM a¢ BY WHOM? RE ORT D TO: IMPORTANT.REPORT MUST BE SIGNED! LAS MINUT CHECKLIST /V DATE OF THIS REPORT: 6 VeM..B ef2 l 19 1. PHOTOGRAPH ATTACHED? SIGNED: l��. rwQ -: 2. IF NO PHONE,WRITE"NO PHONE" PRINT NAME: d L D 3. IN CASE OF CHILD,GIVE PARENT'S NAMES. SEND ORIGINAL IMMEDIATELY TO CARL WARREN&CO. 1st COPY TO ARMTECH;2nd COPY FOR MEMBER CLAIM BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA December 13, 1994 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 wiled to you is your notice of California Government Codes. ) the action taken on your Clamp by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $463.55 Section 913 and 91S.4. please note all •Warnings". CLAIMANT: P � �cific Bell Case # N 460605 F RI c�o M.R. Gylock ATTORNEY: SOV 18 1994 Date received COUNTYCOUNSEL ADDRESS: 401 Lennon Lane, Room 208M BY DELIVERY TO CLERK ON NnvPmbPr 181 MRTINEZ CALIF. Walnut Creek, Ca 94598 BY MAIL POSTMARKED: November 17, 1994 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED• November 18, 1994 [111. DepuLyLOR, Clerk -� J1. 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 I 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 BY: �. Deputy County Counsel 111. FROM: Clem of the Board 70: 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 (✓) This Clain, is rejected in full. . l ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. p Dated: DEC 13 PHIL BATCHELOR, Clerk, By_Y�__. ClAial-.6i • Deputy Clerk YARNING (Gov. Code section 913) Watt U certain exceptions, you have Only Si: (6) months from the date this notice was personally served or leaosited in the mail to file a court action on this claim. See 6overnment Code section 94S.6. low may seek the advice of an attorney of your Choice in connection With this matter. if you want to consult in attorney, you should do so in ediately. 'For additional warning see reverse side of this notice. AFFIDAVIT Or NAILING I declare under penalty of perjury that I as row, and at all times herein mentioned, have been a citizen of the Inited States, over ape 18; and that today I deposited to the Ignited SUtea POsssl Service in Nartiner, ;alifornia, postage fully prepaid a Certified copy of this Board Order and Notice to Claimant, addressed to the Clsim"t as shown above. )ated: DEC 14 1994 BY: PHIL BATCHELOR by� . Deputy Clerk .C: County CcW"sel County Administrator -- r ��e�aFt 0 m .0 , 0 h' am V L16 r ow U a Q; Ln I. I. Q Z cc O J ui 5 Y W Z 2 , O co O Z N ~ LU JO Z Q 0 TNOV IVED 8 1994 Claim Against the County of Contra Costa. CLERK BOARD OF SOPERviS 'RS CONTRA COSTA CQ, Pacific Bell presents a claim for damages against the County of Contra Costa. as provided in Government Code Section 900 et seq. Claimant's Address Pacific Bell Claims Attention M. R. Gylock 401 Lennon Lane, Room 208M Walnut Creek, CA 94598 Date of Occurrence: 9/7/94 Location :Willow Pass Rd. @ Bella Vista, Pittsburg, CA Circumstances Causing Claim: A contractor, Durange Pipe, Inc., working for the county, was replacing storm drains when the struck and damaged Pacific Bell underground communications facilities. Description of Damage: 1 transite duct was damaged Amount of Claim: $453.55 see attached bill for repair of conduit Date of Claim: November 15, 1994 Pacific Bell Case No.: N460605 Michael Gylock Area Claims Manager U'NDERGRC ' )ND CONSTRUCTF N CO., INC. ENGINEERING CONTRACTORS LP. O. BOX 2000 B E N I C I A C A L I F O R N I A 9 4 5 1 0 y ( 7 0 7 ) 7 4 4 - 8 ! 0 0 VAN PACIFIC BELL _ '-`vVQ ;_? 30 SO . BUCHANAN CIR . RsCr. Our Job No . 41143 PACHECO , CA . 94553 Invoice No . 5810 RON COLON CONTRS . LIC #171655 Date 09-23-94 Order No . 16-4-YY-0506-D Final De5cription WFG7441 ( 9-8-4) WILO PASS RDhBELA LISTA /Repair 3 1/2" C-cement approx 4 ` damaged by Durango Pipe Inc. Total from Job Colt Report sheet-, Dates Worked Sheet Number Total- Amounts 09-08-94 2158 $453 . 65 T o t a l s $453 . 65 Total Amount Due $453 . 65 This is to certify that the portion of the amounts shown hereon as due each employee and all charge_: for vacation and holiday pay health welfare and other fringe benefits for the time period indicated were paid in full when last due and amounts currently withheld are being accrued . I also certify that all invoices for material rented equipment and incidental expenses represent actual costs incurred in connection with this work and Have been paid or will be- pa id in full satisfaction for the arnount stated on the invoice copy . ti 3 n� �� Underground Construction Co . Inc . kBOR TOTA (/ • :)UIPMENT TOTAL t ATERIAL & - =NTED EQUIP. - )TAL Claims 401 Lenn on Lane,Room 208M PACIFICOi"BELL. Walnut Creek,California 94598 (510)977-2171 A Pacific Telesis Company November 15, 1994 Case No.: N460605 County of Contra Costa, Board of Supervisors 651 Pine Street Martinez, CA 94553 Ladies/Gentlemen.- We adies/Gentlemen:We are sending you the attached claim notice pursuant to Section 910 of the California Government Code. In order to be assured that you have received this claim, I would like you to sign and return an enclosed acknowledgment of receipt form. Please fill out the form and return it in the stamped addressed envelope. Thank you for your cooperation. If you have any questions, please call me on(510)977-2171. Very truly yours, Michael Gylock Area Claims Manager attachments CLAIM BOARD OF SUPERVISORS OF CONTRA CESTA COUNTY, CALIFORNIA December 13, 1994 .C1aim.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 docunKnt wiled 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: Exceeds $500,000.00 Section 913 and 915.4. Please note aft-lr!Wrnings". CLAIMANT:Valerie Rivas � �' 4 ATTOANEY: Phyllis L. Loya Cou6i'.TYCOUN321- Date received F, AHTHt EZ CALIF. ADDRESS: 817 Main Street BY DELIVERY TO CLERK ON November 14, 1994 Martinez, CA 94553 BY MAIL POSTMARKED: Hand Delivered J. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 14 1994 p IL ATCMELOR. Clerk o n l DATED• !�: puty_ 9LL lel n . 0, n J 11. FROM: County Counsel TO: Clerk Of the Board of Supervisors ( 41 This claim complies substantially with Sections 910 and 910.2. , ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and ware to notifying claimant. The Board cannot act for 1S days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � � 7 1 Y 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 claieant (Section 911.7). IV. BOARD ORDER: By unanimous vote of the Supervisors present V") 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: DEC 13 1994 PHIL BATCHELOR, Clerk, By SS . (,.-,A*A Q OA— � . Deputy Clerk YARNING (60Y. code section 913) Wbjett to certain exceptions, you have only six (6) months from the data this notice tas personally served or leaosited in the mail to file a court action on this claim. See Government Code Section 945.6. ou may seek the advice of an attorney of your choice in connection Mith this setter. If you want to consult in attorney, you should do so immediately. *For additional Warning see reverse side of this notice. AFFIDAVIT OF MAILING tletlar+e under penalty of perjury that I as nor, and at all times herein mentioned, Rave been a citizen of the Inited States, over age 18; and trot today 1 deposited to the united States postal Service is Martine:, Alifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to ;he slaixant as shorn above. kited: DEC 14 1994 BY: PHIL BATCHELOR by lsL . �.a1J(Y�✓ Deputy Clerk .C: county counsel County Ade+inistrator ` .. Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury -�o 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 6911.2.) 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 orm. � � � +� s * � � * * s a y * s * s e s * ,f a s � s s s s f • s a s a �r s a s s �I f +: RE: Claim By ) Reserved for Clerk's filing stamp VALERIE RIVAS RECEIVE® Against the County of Contra Costa ) NOV 141994 or ) -1'4,(s CLERK BOARD OFSUPERVISORS 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 $ amout to be Proven: and in support of this claim represents as follows: in excess of $bUU,UU0. 1. When did the damage or injury occur? (Give exact date and hour) May 14, 1994 at 1255 2. inhere did the damage or injury occur? (Include city and county) } 2101 .16veridge:. Road, Pittsburg, CA in th4 County of Contra Costa 3. kow did the damage or injury occur? (Give full details; use extra paper if required) See attachment YY -�---N-------�NNMM-N-NN-M-NN-N-�-N--N-YMNN---Y�M- 4. What particular act or omission on the part of county or district officers, . servants or employees caused the injury or damage? See attachment (over) r 5. What are the names of county or district officers, servants or employees c�jusinj r the damage or injury? ` See attachment 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Death of claimant's mother,..CHRISTINA GREENHOUSE, from gunshot wound of head 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) based on claimant's age and loss of mother 8. Names and addresses of,witnesses, doctors and hospitals. County Coroner, investigating officers of Pittsburg Police Dept., others presently unknown 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT s . * . * • * * 0a • * e * e f s s e f f e • e "savvy Goy. 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 PHYLLIS L. LOYA, Attorney at Lawla t 9 Signature 817 Main Street Martinez, CA 94553 S7 Address Telephone No. ? 510) 372-6122 Telephone No. s • ere � � ffeffef � .i'.�'�7_ • a � NOTICE Section 72 of the Penal Code provides: "Eve son who with intent to defraud t'Y Pte' , , 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 ($10,0009 or by both such imprisonment and fine. 4 t . �� (�S�t� {3-� r�r.. ►��W� t �� ATTACHMENT TO CLAIM FOR WRONGFUL DEATH AGAINST THE COUNTY OF CONTRA COSTA ON BEHALF OF CLAIMANT VALERIE RIVAS The following attachment to the claim for damages is hereby made by and on behalf of VALERIE RIVAS as a claimant for damages for the wrongful death of her mother, CHRISTINA GREENHOUSE. ItemS 3, 4, S. DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM The incident which gives rise to this claim occurred on May 14, 1994, at 2101 Loveridge Road at the Motel Six in Pittsburg, Ca located in the County of Contra Costa. That afternoon, CHRISTINA GREENHOUSE, was shot in the head and murdered by MAURICE BROWN, a ward of Contra Costa County. Other principals in the murder of CHRISTINA GREENHOUSE, were RANDALL RODGERS, TIERE HODGES, DANIEL HALL, AND QUINCEY FORD. At all times herein, Juvenile Hall was a facility which was operated and maintained by Contra Costa County. A Best Resort was a group home in Berkeley, California who contracted with the County of Contra Costa and was its agent and employee. DANIEL HALL was under the custody, care and SUPERVISION of the County as a resident of Juvenile Hall; MAURICE BROWN was under the custody, care and supervision of the County and was placed in Best Resort by the Probation Department of Contra Costa County. Respondent caused MAURICE BROWN AND DANIEL HALL to be negligently paroled, released and delivered into the general community , thereby enabling them to bring about the wrongful death of claimant' s mother. Specifically, the County failed to follow the standard of due care in 1 . Releasing MAURICE BROWN, into the community despite knowledge of the danger he presented. 2 . Negligently entrusted MAURICE BROWN, into the custody of an unqualified and inappropriate person incapable of controlling said juvenile, which said release was in contravention of internal policies and procedures and violative of mandatory duties . 3 . Negligently and carelessly contracted with Best Resort to serve as the County' s agent to maintain custody of MAURICE BROWN 4 . Violated internal policies, procedures ordinances and laws in the process of releasing and supervising MAURICE BROWN 5 . Releasing DANIEL HALL, into the community despite knowledge of the danger he presented 6. Negligently entrusted DANIEL HALL, into the custody of an unqualified and inappropriate person incapable of controlling said juvenile, which said release was in contravention of internal policies and procedures and violative of mandatory duties 7. Violated internal policies, procedures ordinances and laws in the process of releasing and supervising DANIEL HALL As a result of the County' s negligence, claimant' s mother was shot in face, point blank, with a high caliber handgun. The name of the particular employees of the public entities with specific responsibility for this occurrence is unknown at the present time. Damages exceed $500, 000 . _ Dated: November 14, 1994 �L PHYLL L. LOYA, ATT R EY FOR VALERIE RIVAS CLAIM BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County. or District governed bye aOAjOCeA?T& 13, 1994 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 Ieelow), given Pursuant to Government Code h oust: $3962.74 Section 213 and 215.1. Please rote ali w CLAIMANT: Don Miller and Cal Farm Insurance Nov t 8 1994 Claim # 49214 kTTOwNEY: COUNTY COUNSEL. Date rectived MAATINEZ CALIF. RDDRESS: P.O. Box 13200 BY DELIVERY TO CLERK ON November 18. 1 94 Sacramento, CA 95813 BY MAIL POSTMARKED: Hand Delivered via: Risk Mpmt. 1. fROM: Clerk of the loud of Supervisors TO: County Counsel Attached is a copy of the alsowit-noted claim. November 18, 1994 1l ATCMELOR. Clerk DATED: i�: �puty 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (- This claim complies substantially with Sections 910 and 210.2. , ( This claim FAILS to comply substantially with Sections 210 and 210.2, and we are to notifying claimant. The Board cannot act for 16 days (Section 210.8). ( 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 211.3). ( Other: Dated: _ Y��--� i P, �q 9y BY: � , '7�/ Deputy County Counsel 11. FRDM: Clerk of the Board T0: County Counsel (1) County Administrator (2) ( Claim was returned as untimely with notice to claimant (section 231.3). 'V. SOARD/ORDER: By unanimous vote of the Supervisors present (v) This Claim is reJected in full. t ) Other: I certify that this 15 a true and correct copy of the board's Order entered in its minutes for this date. Oaten: DEC 13 WPHIL bATCNELOR, Clerk, By \J , CA" 004 . Deputy Clerk -. KUNING (Gov. code action 913) object to certain exceptions, you have only six (6) months from the date this notice as personally sewed or eaosited in She mail to file a court action an this claim. See Government Code Section 916.6. ou ay seek the advice of an attorney of your choice in connection yith tis atter. If you want to consult n attorney, you should do to immediately. *For additional warning see reverse side of this notice. AFFIDAVIT Or MAILING declare under penalty of perjury that I as na. and at all times herein ncntioned, have been a citizen Of the sited SUtes. over ape 18; and that today I deposited 1n the United States postal Service in Martinet. alifarnia, po=tape fully Prepaid a certified copy of this Board Order and Notice to Clairnt, addressed to he Claimant as Show" above. ated: DEC 14 199 �p. De BY: PHIL BATCHELOR by Putty Clerk ,R d C: to,n+ty counsel County Adn+inistrator pnn C 1 a BOAR.D OF SUPERVISORS OF CONTRA COSTA COU'NTY0 1994 INSTRUCTIONS TO CLAIMANT w- A. I a;=s relating to causes of action for death or for injury to person or to per- aiW41A sonal property or growing crops and which accrue on or before December 31, 1987, P44� must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action fordeathor for injury to person or to personal property or growing brops 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, n RECEIVED bQX 13acaaGaO rdf 13 Against the County of Contra Costa NOV 18 M or 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 and in support of this claim represents as follows: 1. When did the damage or injury occur? '(Give exact date and hour) Q-1 - 9 L/ 00 IQ M 2. Where did the damage or injury occur? (Include city and county) ou nol 3. id o JWd1c1&F%-v"-e--full details; use extra paper if required) ea ("ed 4. What particular act or omission on the part of county or district officers, LAP to 6) b4 servantsoremployees caused the injury or damage? koto S R 'SWCFVJd Ulm wnat are ine names of county or district officers, servants or employees causing the cam_ge or injury? a'3 S7 5. What,damage or injuries do you ti resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. c�Q _ tamom- 0 ----I 7. How was the amount claimed above comp d? (Include the estimated amount of any prospective injury or damage.) ^ $. Names and addresses of witnesses doctors and hospitals. ----------------- --- 9• List the expenditures you made on account of this accident or injury: DATE : a -. ITEM AMOUNT rr a �,Kiop &s t i vu- 4- Gov. Code Sec. 910:2 provides: r "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) —P 0 b 13 W O ',�O�O r1Y MA—Un .�O Ot S!TSl 3 Address n L/ Telephone No. Telephone No. I LD Ola-(4 Lo Ll N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any'_state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonrjent and fine. SEP-28-99—94 WED 08:2.6 STROUD AND ASSOCIATE FAX NO, 5103701595 APPRAISING OF AUTOMOBILES,1RUC93,HbAVY CtAwjr.­'.., P- 02 THIS IS NOT A REPAM AUTHORIZATION Authorization must to 61stalned trom owner of vehicle StR' OUD & ASSOCIATES 1350 AT"Old Drive, Suite 200 Prolessionat insurance Appraisers& Morino Surveyors Martinez, CA 94563 Administrative offices (610) 3?0-8800 FAX (510) 370-1595 Dat 99V INS CO.CLAIM NO. 8&A FILE NO-­­­ ASSURED: CLAIMANT­­­_­­ — NO SUPPLEMENTS WITHOUT PRIOR APPROVAL MAKE YEAR $6(q!DEL S?Q 8Wv VfN NUMBER LICENSE NO. MILEAGE TrE 0 Y6 ---A. PLAT ALLOwr.-D PART.,OR REPAIR FIRPLACIF PAINT DETAILS OF RFPAIR AND REPLACPMr-.NTS RATE LABOR MAY17RIALS SUKO IN HOURS INI-11DURS 10 A47-Ur -6* 2� yj�07 <AP-81> a Ev of '3 I A- 5) vrtH'cLE cOLOR THIS DOES NOT VERIFY COVERAGE OR GUARANTEE PAYMENT For$­ ICS3 ned. heundersigned LA90R agrees to complete and guarantee all losss to are above vehicle. NO SUPPLEMENTS VWTHOUT PRIOR A AL Path. 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V3 • :9:iw."!::''tom-•K• r•s r :%,.... to•x i 09-28-94 09 y 31}AIvtlig` Lail' ' r3 d b�,.{.�4 • AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA ' December 13, 1994 Clair. Against the County, or District governed by) BOARD ACTION the Board of Supervisrs. Routing Endorsements. ) NOTICE TO CLAIMANT vend Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. 1 the action taken on your claim by the Board of Supervisors (paragraph IV below). given pursuant to Government Code Amount: $6,000,000.00 Section 913 and 615.4. please notalt� rni>igs". CLAI►+ANT: Perry Phillips and Winifred Kay Phillips p �J :'ATTORNEY: Campagnoli, Abelson & Campagnoli OUAiTCOUNS L C/o Mark B. Abelson Date received ADDRESS: 120 Montgomery St. , Ste. 1100 BY DELIVERY TO CLERK ON TJevPmbpr 10_ 1994 San Francisco, CA 94104 BY MAIL POSTMARKED: November 9. 1994 J. FROM: Clerk of the Board of Supervisors TO: County Counsel' Attached is a copy of the above noted claim. November 14 1994 pVIL ``ATCMELDR. Clerk QQ DATED: ! : peputy���� n o � JI. FROM: County Counsel TO: Clerk of the Board of Supervisors (✓) This claim complies substantially with Sections 910 and 610.2. , ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for IS days (Section 910.8). ( Clair 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). j ) Other: Dated: BY: Deputy County Counsel :I1. FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2). ( ) Claim was returned as untimely with notice to claimant (Section 922.3). ]V. BOARDD ORDER: By unanimous vote of the Supervisors present { ✓) This Claim is refected in full. ( Other: I certify that this is a true and correct copy of the Boards Order entered in its Minutes for this date. o /� Dated: OFE 1 PHIL BATCHELOR, Clerk, By ( �j Oda . Deputy Clerk WARNING (Gov. code section $13) Subject to certain exceptions, you have only six (6) months from the date this notice ins personally served or deposited in the mail to file a court action on this claim. see Goverment Code section 946.6. rau may seek the advice of an attorney of your.choice In connection with this =tter. If you want to consult an attorney. you should dao 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, Rave been a citizen of the united States, over age IB; and that today I deposited to the United States Vogul Service in Martinez. California, postage fully prepaid a certified copy of this Bard Order and Notice to Claimant, addressed to the Claimant as shown above. Dated:_ �E c 14 199BY: ►MIL BATCHELOR by 9„� . ( " Deputy Clerk cc: County Counsel - County Administrator LAW OFFICIES OF FREDFRICNOLI TELEPHONE MARK 13.ABELSON CAMPAGNOLIABELSON & CAMPAGNOLI (416)421-1618 FREDERIC A.CAMPAONOLI 120 MONTOOMERY STREET, SUITE 1100 FAX(418)421-2510 SAN FRANCISCO, CA 94104 November 9, 1994 Via Certified Mail ------------------ ------------------ Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 Dear Clerk: Enclosed with this letter is a Claim for Damages against the County of Contra Costa, a Public Entity, submitted to you on October 12 , 1994 . Recently, I received a rejection dated November 1, 1994, but mailed on November 2 , 1994 . The basis of said denial is that the claim is rejected in full. The enclosed document shall serve as an Amended Claim For Damages and incorporates herein by reference the Claim for Damages Against the County of Contra Costa,- a Public Entity, dated October 12 , 1994 . Thank you very much for your attention. Ve -tl� l��ours, 3 i i E ON MBA: lg Enclosure ' w v AMENDED CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA, A PUBLIC ENTITY TO: CLERK OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY The following Amended Claim For Damages is hereby made by and on behalf of Perry Phillips and Winifred Ray Phillips. Attached as Exhibit "A" is the Claim for Damages against the County of Contra Costa submitted to the Board of Supervisors on October 12 , 1994. The particulars of the Amended Claim are as follows: A. Name and Address of Claimant(s) : Perry Phillips and Winifred Kay Phillips RECEIVE D c/o Mark B. Abelson Campagnoli, Abelson & Campagnoli Nov 1 0 1991,!. 120 Montgomery Street, Suite 1100 San Francisco, CA 94104 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. B. Address to Which Notices are to be Sent: See "A", above. C. Circumstances Which Give Rise to This Claim, Description of Injuries and Damages to Claimant(s) and Additional Circumstances Which Support This Claim: Perry Phillips, on April 11, 1993 , severely fractured his left leg. He was initially treated at John Muir Hospital, then as of april 16, 1993 , came under the care of Merrithew Memorial Hospital and Clinics, specifically Dr. Avrum Gratch, M.D. Dr. Gratch continued to treat Mr. Phillips until June 2 , 1994. At all times, Dr. Gratch failed to properly treat Mr. Phillips for the fracture and said negligent error and omissions by Dr. Gratch caused Mr. Phillips to suffer a non-union of the fractured bones in his left leg and further caused the bone to be severely angled. Mr. Phillips eventually needed subsequent surgery and that surgery should have been done one year before it was done. Winifred Kay Phillips rendered extraordinary medical care and services to her husband during the one year's time and also suffered a loss of consortium during the one year. This Amended Claim shall also incorporate herein by reference a letter dated May 9,, 1994 from John D. Warburton, III, M.D. , attached as exhibit "B" to the Amended Claim. Perry Phillips and Winifred Kay Phillips allege that this letter was received by them and/or their agent after May 9, 1994. The date of their receipt of this letter is the first notice of the claim for malpractice against the County and Dr. Gratch. Prior to this date, Mr. Phillips was still a patient of Dr. Gratch and the County and therefore the statute of limitations did not commence running until after this notice was received and after the date Dr. Gratch and Mr. Phillips' doctor/patient relationship was terminated. The exact date of said termination plaintiff contends was June 2, 1994 . Therefore, the statute of limitations in this claim period did not commence to run until that date. D. Amounts Claimed: Perry Phillips and Winifred Kay Phillips both claim the maximum of amount of general damages al wed by law ($250, 000. 00 per claimant) and $1, 000, 000. 00 spec'a Idamages for wage loss, 71 future wage loss and medical expenses. Dated: November 9, 1994. I jt r f MARK B. 'ELS ,,, ESQ. Attorney for Claimants -2- 1 CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA, A PUBLIC ENTITY TO: CLERK OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY The following claim for damages is hereby made by and on behalf of Perry Phillips and Winifred Ray Phillips, and the particulars of the claim are as follows: A. Name and Address of Claimant: Perry Phillips and Winifred Kay Phillips c/o Mark B. Abelson Campagnoli, Abelson & Campagnoli 120 Montgomery Street, Suite 1100 San Francisco, CA 94104 B. Address to Which Notices Are to be Sent: See "A" , .above. C. circumstances Which Give Rise To This Claim and Description of Injuries and Damages to the Claimant: Perry Phillips on April 11, 1993 , severely fractured his left leg. He was initially treated at John Muir Hospital then as of April 16, 1993 came under the care of Merrithew Memorial Hospital and Clinics specifically Dr. Avrum Gratch, M.D. Dr. Gratch continued to treat Mr. Phillips until June 2 , 1994 . At all times Dr. Gratch failed to properly treat Mr. Phillips for the fracture and said negligent error and omissions by Dr. Gratch caused Mr. Phillips to suffer a non-union of the fractured bones in his left leg and further caused the bone to be severely angled. Mr. Phillips eventually needed subsequent surgery and that surgery -E should have been done one year before it was done. Winifred Kay Phillips rendered extraordinary medical care and services to her husband during the one year' s time and also suffered a loss of consortium during the one year. D. Amounts Claimed: Perry Phillips and Winifred Kay Phillips both claim the maximum of amount of general damages allowed by law ($250 , 000. 00 per claimant) and $1, 000, 000100 special, ,damages . for wage loss, future wage loss and medical.: ',expenses. Dated: October 12 , 19;94 MARK, B T4SONV, Q. Atto'rne� f r CYaimants John D. Warbritton, III, MD Diploma te,American Board of Orthopaedic Surgery 350 - 30th Street, Suite 530 Oakland,California 94609 510-839-5564 Fax 510-839-1692 May 9, 1994 Arthur N. Carpenter Attorney at Law 7760 Stockton Avenue E1 Cerrito, California 94530 RE: PHILLIPS, Perry Date of .Injury: April 11, 1993 Dear Mr. Carpenter: Mr. Perry Phillips is a 44-year-old white male whom I examined in my Oakland office on May 9, 1994, for the purpose of an independent medical examination and permanent disability rating. My examination and report involve the left lower extremity. As you know, this otherwise healthy 44-year-old man was riding a bicycle in Richmond in the vicinity of Carlson Avenue when he was struck by not one but two cars in a hit-and-run accident. The patient reports that he was riding his bicycle when he was struck from the rear by two cars which were racing. The patient was thrown from his bicycle into the air by the first car and upon impacting the second car he was thrown off the road into some bushes. A police car witnessed the two other vehicles racing and turned around to give chase, so Mr. Phillips was noted and resuscitated on the road and transported by emergency vehicle to John Muir Hospital Medical Center. The patient had a comminuted displaced compound fracture of the left distal tibia and fibula. The wound was initially irrigated and debrided, and the fibula was treated with internal fixation. The tibia was treated with external fixation because the severity of the wound was such that immediate internal fixation was felt to be contraindicated. The patient was stabilized at John Muir for five days and he was then discharged to Merrithew Memorial Hospital in Martinez for further treatment on April 16, 1994, At Merrithew the patient came under the care of Avrum Gratch, M.D. Dr. Gratch discharged the patient and has followed him for the last year. The patient was initially treated with a non-weightbearing cast and advanced to a walking cast. He was then treated with an orthosis, but the tibial fracture fell into severe varus angulation and has apparently developed a malunion. PHILLIPS, Perry May 9, 1994 Page 2 I have reviewed the March 8, 1994, communication from Dr. Gratch, and it is reportedly his opinion that the fracture has "apparently satisfactorily, albeit slowly, healed in that position. " Dr. Gratch describes "that position" as being of "slight valgus angulation. " The patient -continues to be quite symptomatic, and he was referred to my office for an independent medical examination and second orthopedic opinion. Presently Mr. Phillips complains of severe shortening and malalignment of the leg, with severe pain accompanied by weightbearing or any other type of similar activity. The patient has particular difficulty standing or walking, and he is entirely unable to run, jump, climb, or kneel. The patient complains of diffuse pain at the fracture site, although he reports that his distal neurovascular status is basically intact. The patient' s past history is remarkable for a motor vehicle accident which occurred almost 20 years ago which resulted in a left femur and right arm fracture. The femur fracture was treated in traction for three months at Merrithew followed by casting for approximately a year. The patient healed with shortening of the left femur at that time, but he was able to return to work as a pipe fitter. For the last 15 years the patient has worked as a pipe fitter and crane operator. In fact he was working up until one week prior to the accident. He was laid off several days before the accident, but normally he would have been able to return to gainful employment within a period of weeks or months. Examination reveals a pleasant 44-year-old male, appearing his stated age, in some discomfort but in no acute distress. The patient utilizes a cane on the right side, and his gait is wide- based and grossly antalgic. The patient is virtually unable to put weight on the left lower extremity. He is using a customized molded polyethylene orthosis which provides some strength and stability to the left lower leg. Examination of the leg reveals a 6" transverse scar over the distal tibia which is well healed and slightly tender. There continues to be moderately severe swelling about the leg. There is gross varus angulation of at least 25° at the level of the tibia. There is a palpable bony defect medially, with exquisite pain and tenderness suggesting a symptomatic nonunion. Examination of the fibula reveals tenderness at the same level, with palpable plates above and below the area of maximal tenderness. Range of motion of the knee reveals an essentially full range of motion, although there is limited motion at the left ankle; however, the retained motion at the ankle is PHILLIPS, Perry May 9, 1994 Page 3 surprisingly good. The patient is able to dorsiflex to. 00 plantar flex to 40° , invert to approximately 150 , and evert to 5° . There is no evidence for any ligamentous instability about the ankle. There is residual swelling in the left foot. Examination of radiographs reveals two plates in the lateral fibula. The proximal plate located at the junction between the middle and distal thirds and associated with a possible malunion or nonunion. The distal plate has nicely stabilized the lateral malleolus. There is no internal fixation at the level of the tibia, and there is diffuse bony callus formation with an obvious nonunion. Examination of the lateral view confirms a definite nonunion at this level. My impression is that Mr. Perry Phillips sustained a severe comminuted compound fracture of the left distal tibia and fibula on April 11, 1993. He underwent initial emergency treatment at John Muir Medical Center. The treatment rendered at John Muir appears to have been reasonable and appropriate, and he was then referred to Merrithew. The patient then underwent removal of the external fixture and subsequent treatment by casting and immobilization. Dr. Gratch reports, in a recent communication of two months ago, that the tibial fracture is healed with "slight" varus angulation, in his opinion. I would respectfully but strongly disagree with both of these points. It is my opinion that Mr. Phillips has a clear-cut nonunion of the distal tibia and that further surgery is definitely indicated as soon as possible in order to provide appropriate definitive treatment for this problem. Additionally, this is not slight valgus angulation but at least 250 of valgus, which is grossly unacceptable and which is totally disabling at the present time. Therefore, it may be almost fortuitous that this patient has a nonunion, because if it was an estab'Lished malunion in 250 of varus one would have to go in and do an osteotomy and then a repair. As the patient has a nonunion, the fibrous tissue and scar tissue may be removed and it may be treated by autogenous bone grafting possibly with allograft supplementation followed by internal fixation. This can be treated with either a large _._ plate or an intramedullary rod with a distal interlocking nail. I would have to consider both these possibilities, and I would leave the ultimate choice up to the treating orthopedic surgeon in this case. It is my opinion that Mr. Phillips is temporarily totally disabled at the present time, and total disability will continue for at least the next six to twelve months depending upon his response to appropriate orthopedic surgical treatment. It is my opinion that this patient is clearly entitled to social security disability at the present time based on his complete and total PHILLIPS, Perry May 9, 1994 Page 4 inability to perform gainful employment in any endeavor to which he is suited. Additionally, this disability is anticipated to continue for at least another six to twelve months, which would be a total of at least one and one-half to two years of complete disability. With regard to medical treatment, the planned costs of surgery will be at least $20, 000 to include surgery, hospitalization, postoperative therapy, anesthetic charges, and ancillary charges. The cost of surgery -may run as high as $50, 000 depending on location and extent of treatment which ultimately needs to be rendered. If financial considerations are paramount in this case, I would recommend that Mr. Phillips be referred to the University of California, San Francisco, as they can work out a payment plan and may be willing to accept as little as 25-50 cents on the dollar depending on the patient' s demonstrated financial need. Of course, I would be pleased to treat this patient at Summit Medical Center in the private care system, but I would not be able to get him a discount through the hospital. I have discussed my findings and recommendations in detail with Mr—Phillips, and I have strongly urged that he receive definitive orthopedic surgical treatment as soon as possible. In the meantime the patient continues to be temporarily totally disabled, and the longer one waits to perform definitive and appropriate surgery the longer this temporary total disability will extend. At the present time the patient is unable to perform any type of moderate to heavy work activities. The patient might be able to perform semisedentary duties on a daily basis as long as he was not required to stand or walk for grE!ater than sixty to ninety minutes per day. The patient, of course, is able to perform a sedentary occupation at the present time. If you have any further questions, please do not hesitate to write or call. Thank you for referring Mr. Phillips to my office for this comprehensive independent medical examination. Respectfully yours, Jo n D. Warbritton, III, M.D. jo n D� JDW:pt43 CLAIM FOR DAMAGES AGAINST THE COUNTY OF CONTRA COSTA, A PUBLIC ENTITY TO: CLERK OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY The following claim for damages is hereby made by and on behalf of Perry Phillips and Winifred Kay Phillips, and the particulars of the claim are as follows: A. Name and Address of Claimant: Perry Phillips and Winifred Kay Phillips c/o Mark B. Abelson Campagnoli, Abelson & campagnoli 120 Montgomery Street, Suite 1100 San Francisco, CA 94104 B. Address to Which Notices Are to be Sent: See "A" , above. C. Circumstances which Give Rise To This Claim and ,Description of Inluries and Damages to the Claimant: Perry Phillips on April 11, 1993 , severely fractured his left leg. He was initially treated at John Muir . Hospital then as of April 16 , 1993 came under the care of Merrithew Memorial Hospital and Clinics specifically Dr. Avrum Gratch, M. D. Dr. Gratch continued to treat Mr. Phillips until June 2 , 1994 . At all times Dr. Gratch failed to properly treat Mr. Phillips for the fracture and said negligent error and omissions by Dr. Gratch caused Mr. Phillips to suffer a non-union of the fractured bones in his left leg and further caused the bone to be severely angled. Mr. Phillips eventually needed subsequent surgery and that surgery should have been done one year before it was done. Winifred Kay Phillips rendered extraordinary medical care and services to her husband during the one year' s time and also suffered a loss of consortium during the one year. D. Amounts Claimed: Perry Phillips and Winifred Kay Phillips both claim the maximum of amount of general damage.s. allowed by law ($250, 000. 00 per claimant) and $1, 000, 000190 special, ,damages for wage loss, -ex future wage loss and medical ' penses. Dated: October 12 , 19-94= M4RK B. S: LON/, E_S_Q. Attoir, ;r'�_'Ciaimants y i # C^v a � > .�!�'. i$�rte- ,'�, - cn � (J) Cp �a 4.3 a � CD N OWN NC: Cis o r-4� v 10 e v d r" N �B CLAIM =� BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA December 13, 1994 :lair Against the County, or District governed by) BOARD ACTION At Board of Supervisors. Routing Endorsements, ) NOTICE TO CLAIMANT ind Bard Action. All Section references are to The copy of this document nailed to you is your notice of :alifornia Government Codes. ) the action taken on your claim by the Board of supervisors (Paragraph IV below), given pursuant to Government Code Wunt: $25,000.00 + Section 913 and 916.1. Pleat note all `W rnin s•. v XAIMANT: Charles Peck c MORNEY: Robert Beles NOV 2 3 1994 Date received COUNTY COUNSEL IDDRESS: 1 Kaiser Plaza, Suite 1750 BY DELIVERY TO CLERK ON November 22MAT�JzcAUF. Oakland, cA 94612 BY MAIL POSTMARKED: Hand Delivered FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the abov!•noted claim. November 23, 1994 11. ATCMELOR, Clerk 00 DATED: i�: deputy da d. 1. FROM: County Counsel TO: Clerk of the Board of Supervisors I L 'This claim complies Subs U ntially 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 Bard cannot act for 1S 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 fs— 9 `� 8Y: ptputy, County Counsel 11. FROM: Clerk of the lard TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). V. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. 1 ) other: 1 certify that this is a trW and correct copy of the Boards Order eMred in its idrotes for this date. Dated: DEC 13 1994 PHIL BATCHELOR, Clerk, By`�J, Deputy Clerk •- i"11INS (Gov. code Section 923) tject to certain exceptions, you have only six (6) Months from the slate this Notice was personally served or Posited in the gall to fie! a court action on this claim. fee Government Code $action 915.6. v way seek the advice of an attorney of your choice in connection With this matter. If you want to consult attorney, you should do to inadistely. *For additional warning tee reverse Side of this notice. AFFIDAVIT OF MRILtNc declare ander penalty of perjury that i go mar, and at all times herein mentioned, have Oven a citizen of the ited States, over age 18; and that today I deposited 1n the United States Postal Service in tUrtinez, lifOrnia, POSU ge fully prepaid a certified copy Of this Board Order and Notice to Claimant, addressed to I zlsinnt as mam above. ted: DEC 14 1994 BY: PHIL BATCHELOR by 1 at .)ptputy Clerk county Counsel County Administrator ROBERT J. BELES ATTORNEY AT LAw THE ORDwAy BumwNo PHONE; (510) 836-0100 I KAISER PLAZA, SUITE 1750 FAX (510) 832-3690 OARI.&NI), CALIFORNIA 94612 Monday, November 21, 1994 REC I TD County of Contra Costa Clerk, Board of Supervisors NOS 2 Z 1994 651 Pine St. 'I. J%.1 - I Martinez, CA CLERK BOARD OF SUPERVISORSCONTRA COSTA CO. I CLAIM FOR DAMAGES Claim against: County of Contra Costa, unknown agents of,County of Contra Costa Claimant's Name: Charles Peck Claimant's Address: 725 Palm Avenue Address to which notic- c/o Law Offices of Robert Beles es are to be sent: 1 Kaiser Plaza, Suite,3 1750 Oakland, California 94612 Tel: (510) 836-0100, fax (510) 832-3690 Date of Incident: May 22, 1994 Location of Incident: 700 block of Palm Avenue, in or near the City of Martinez, County of Contra Costa, California. Description of Incident: On May 22, 1994, Charles Peck, a minor (birthdate: 6-3-86), was hit by a motorcycle while buying ice cream from an ice cream truck parked in the 700 block of Palm Avenue, City of Martinez. Peck sustained severe head injuries, incurred extensive medical expenses, and has permanent neurological damage as a result of the collision. This area of Palm Avenue has been the site of several previous accidents. At least one involved a death. Claimant is informed and believes that one of the causes of the accident was a negligent failure by the responsible entity to install, maintain, and enforce proper traffic controls, speed bumps, signs, striping, speed limits, and other methods of controlling traffic in this residential area. Torts Committed: Unknown agents of County of Contra Costa: Negligent failure to install, maintain, and enforce proper traffic controls, speed bumps, signs, striping, speed limits, and other methods of controlling traffic in the 700 block of Palm Avenue. County of Contra Costa: Respondeat superior liability, negligent supervision, hiring, training, and placement of unknown officers and agents of County of Contra Costa. Damages Incurred: Pain and suffering, worry, humiliation, inconvenience, severe head injuries, permanent neurological damage, extensive medical expenses, other damages not yet known. Officials, employees, and agents causing damages: Unknown agents of County of Contra Costa. Itemization of claim: Specials presently unknown Generals In excess of $25,000, Superior courtto have jurisdiction Attorney's fees presently unknown Total In excess of $25,000, Superior court to have jurisdiction Signed by or on behalf of Robert J. B-e],Fes claimant: Attorney for Cla' ant Dated: Monday, November 21, 1994 2 CLAIM J BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 13, 1994 Claiaf 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 riled 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 Goverment Code Amount: $175,000.00 t. ;Section 913 and 916.4. Please note all •Itarnings~. CLAIMANT• Naomi Martinez Jeff Park �URN$EL ATTORNEY: h4ART1n Ez CALIF. Employment Rights Attorneys ate received ADDRESS: BY DELIVERY TO CLERK ON November 16,' 1194 111 N. Market St. , Ste. 900 San Jose, CA 95113 BY NAIL POSTMARKED: 44av►n -hp 111JPr,0J 1. FROM: Clerk of the Board of Supervisors '70: County Counsel Attached is a copy of the above-noted claim. _ JV Il ATCHELOR, Clerk DATED: November 17. 1994 !�: deputy Il. FROM: County Counsel 70: Clerk of the Board Of Supervisors ( V1 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to caaply substantially with Sections 910 and 910.2• and we are to notifying claimant. The Bard cannot act for 1S days (Section 930.8). ( ) 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: 1 tris CLPVI-M Xs uQ'Vkg1►C-rV A. ALiLaC.9-\- oky3 ' r2�u►2 'i c� 1v�AY �� t 9�t Dated: 7 1 i 9y BY: Deputy County Counsel Ill. 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 ( ✓XThis Claim is rejected in full. Other: I certify that this is A true and correct copy of the Board's Order Onter,ed in its minutes for this date. nn Dated: DEC 13 199 Pill BATCHELOR, Clerk, By_ "�l - OR� Deputy Clerk YARNING (Gov, code section 913) ubject to certain emceptions, you Nave Only six (6) months from the date this notice was personally served or eposited in the mail to file a court action on this claim. See Government Code Section 946.6. Du any seek the advice of an attorney of your choice in connection 14ith this entter. If you want to consult M attorney, you should do so Imedistely. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING declare under penalty of perjury that I sm now, grid at all times Mrein mentioned, (rave been a citizen Of the nited States, over age 18; and that today I deposited 1n the United States PoaLl Service in Piartinez, alifornis, postage fully prepaid a certified copy of this Board Order and Notice to Claimant. addressed to he tlaimnnt as shover+ above. e ated: nrr 14 1994 BY: PHIL BATCHELOR by\i Deputy Clerk C% County counsel County Administrator i a t: TO: Jeff Park, Employment Rights Attorney 111 North Market, St. , Suite 900 San Jose, CA 95113 NOTICE TO CLAIMANT (Of Late-Filed Claim) Dear Mr. Park: (Government Code Section 911 . 3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on November 16, 1994 on behalf of Naomi Martinez has been reviewed by County Counsel and has been found to be partially untimely as to alleged events prior to May 16, 1994 because your claim for injury to person was not filed within six months of those events as required by law. (See Government Code sections 901 and 911 .2) Since part of your claim is timely the Board of Supervisors will consider only those events which occurred within six months immediately prior to November 16, 1994 . As to those claims relating to events more than six months prior to Novermber 16, 1994, your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911 .4 to 912 .2 and 946 . 6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911 . 6) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of t (e , Board of Supervisors and County Administrator pptrator By: !d. Deputy Clerk Dated: �-, ,� I$ �9T Enclosure 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 copy of the above Notice to Claimant (of Late Submitted Claim) , addressed to the claimant as shown above. Date� � 1$ [�9� By Phil Batchelor by Deputy Clerk r o z o�� 1 \ 1 1 e **n R* I j I 1 EMPLOYMENT RIGHTS ATTORNEYS 111 NORTH MARKET STREET,SUITE 900 SAN JOSE,CALIFORNIA 95113 Tel: (408) 971-9993 Fax: (408) 295-5008 RICHARD D.SCHRAMM EBOARD EIVE LISA E.AGUTAR DIANE RITCHIE November 15, 11994 8 1994 JEFF PARK Clerk- of the Board of Supervisors [CLERKF SUPERVISORSCounty Administration Building OSTA Co. 651 Pine Street, Room 106 Martinez, CA 94553 Re: Naomi Martinez ' tort claim Dear Clerk: Ms. Naomi Martinez brought a tort claim for filing with the County a few days ago. It was a faxed copy. She is sending the enclosed tort claim, which is identical to the one she recently filed, so that the County can work with a non-faxed version. Please insure that the enclosed documents are marked with the same case number that was assigned to the tort claim Ms. Martinez filed a few days ago. Thank you. . Sincerely, Jeff Park Ctyclerk.L1 Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT r 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. Ii 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 NAOMI MARTINEZ ) Against the County of Contra Costa ) or ) District) Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 179_,000_()o and in support of this claim represents as follows: ----------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) Please see attached._ 2. Where did the damage or injury occur? (Include city and county) Please see attached. ------------------------------------ — ------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) Please see attached. ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Please see response to question 3. (over) 5. 'It What-'are the names of county or district officers, servants or employees causing the damage or injury? Stefanie Guynn and Robert Hofmann. Perhaps others who are unknown at this time. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Please see attached. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) The amount of damages are based primarily on an estimate of emotional distess damages of $122,900 along with approx.$50,000 for one year's salary and benefits and approx. $2,100 for doctor bills and medication. (Please see attached list of medical expenses.) 8. Names and addresses of witnesses, doctors and hospitals. Please see attached. ------------------------------------------------------------------------------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Please see attached. 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 Jeff Park Employment Rights Attorneys Claimant's Signature 111 N. Market`-St. , Suite 900 7 Rodgers St. San Jose, CA 95113 Valle'o CA 94590 Address Telephone No. 408-971-9993 I Telephone No. 707-643-9226 * * * * * * 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. TORT CLAIM WITH CONTRA COSTA COUNTY - NAOMI MARTINEZ 11-14-94 1. When did the injury or damage occur? The injury consists of negligent and intentional infliction of emotional distress related to racial discrimination and constructive discharge of employment. These injuries have resulted from a series of events which constitute outrageous conduct and a pattern of continuous behavior over several months. I am a Black Supervisor in the Social Services Department. My department has been understaffed and under budgeted for the last couple of years. The caseload for myself and my subordinates has been excessive. This situation has caused pressure on myself and everyone in my department to process enough cases and still maintain quality in our work. Specific incidents have caused the above-mentioned torts. They occurred from January 1993 through October 1994. 2. Where did the damage or injury occur? Most of the incidents occurred in El Sobrante, California at the office of the County Social Services Department. Some of the incidents involved phone calls to me at home in Vallejo by my Manager, Stefanie Guynn. An incident also occurred in Martinez, California. All of the incidents occurred in Contra Costa County. 3 . How did the damage or injury occur? The injuries have occurred on several occasions over several months as described below. Some of the events listed below are included to explain discriminatory or tortious conduct. Also, the cumulative effect of some of these events did not reach a level of emotional distress until much later after the events. 1/15/93 Conference with Stefanie Guynn ( "Guynn" ) about Darrie Bennett ' s ( "Bennett" ) job performance and up-coming evaluation. I later disciplined Mr. Bennett, which became a cause of discrimination toward me by Guynn. 2/22/93 Discussed Bennett ' s initial performance evaluation with him. 2/25/93 Guynn wrote a WIDSI (Write It Don't Say It memo) to me ( "Martinez" ) amending my proposed evaluation addendum concerning Bennett. 3/19/93 I gave two WIDSIs to Bennett about his performance and Page 1 t corrective actions needed on 2 cases. 3/29/93 I gave three WIDSIs to Bennett about his performance and corrective action needed on 3 cases. 4/7/93 I gave two WIDSIs to Bennett about his performance and corrective action needed on cases. 4/8/93 Conference between myself and Bennett re: his performance where he stated he would not meet the expectations I had for his performance. 4/12 - 4/21/93 Conferences w/ Guynn and Bennett, confirming memo, conference w/ Guynn about Bennett circulating a book called "Windows of Love" around the work office. 4/23/93 Clymela Stewart, a. subordinate of mine, verbally attacked me about her workload. She was one of my subordinates who held a meeting on 7/29/93 with Fran Treas, another Supervisor like myself, but without me present, where she and other subordinates criticized me. This later led to discriminatory conduct by Guynn who was fully informed about what was said at the meeting, and I never was informed. . 4/26/93 Guynn edited out parts of confirming memo I wrote to Clymela Stewart concerning Ms. Stewart' s misconduct on 4/23/93 . Guynn showed favoritism toward Ms. Stewart over my testimony about what happened. Discrimination. 5/4/93 Guynn edited memo confirming conference w/ Bennett on 4/14/93. 5/14/93 I issued three WIDSIs to Bennett regarding corrective action needed on cases. 5/19/93 I issued two WIDSIs to Bennett regarding corrective action needed on cases. Bennett went on a leave of absence and never returned to the unit. 6/7/93 I issued another WIDSI to Bennett regarding corrective action needed on cases, for he was expected to return from leave. The extent of the problem cases had to be determined. 6/9/93 I issued another WIDSI to Bennett regarding corrective action needed on cases. Page 2 I- 1 7/1 - 7/30/93 Bennett was on leave of absence. His cases were given to other workers in my unit. Guynn and I were told by Pat Avalos that Trish Rose had said that the E3CO unit (my unit) was to be made a test unit to test the Medi-Cal caseload standard. 7/26/93 Carolle Simmers, a subordinate, was exposed to a sulfuric acid cloud which passed by the office. She was upset over her exposure. 7/28/93 I completed a form concerning Ms. Simmers' exposure to the toxic fumes. I recommended, pursuant to the form, that the remedy would have been to close the building. Guynn criticized me for suggesting such a remedy, when I was concerned about the welfare of the employees. The County has an obligation to provide a safe work environment. This constituted racial discrimination against me. I was upset because I was expected to do my job of protecting my workers, but I was criticized when I attempted to perform my job. 7/29- 7/30/93 Meeting held by 5 members of my unit ( 10 total subordinates in my unit) which I supervised, and Fran Treas, my equal. My subordinates apparently complained about the workload, my management style and I was personally attacked. This was told to Guynn. When I confronted Guynn and Treas I was not told what was said. I was not told what my deficiencies were. Therefore, I could not respond to the allegations. This meeting was against proper procedure. Guynn prevented me from providing a written response to the allegations I had heard from others in my unit. Guynn' s conduct constituted racial discrimination against me as 1) other non-Black supervisors are not denied an explanation of allegations made against them, 2 ) they are not denied the chance to defend against those allegations, and 3) they are not continually reminded of the allegations in comments by Guynn months later when discussing other matters. ( I spoke with Fran Treas on 7/29 and with Guynn on 7/30) Reasons for some of my subordinates to be upset and retaliate existed, but their claims should not have been directed at me. Four workers had job performance problems. One worker, could not perform 100% due to a stress problem. Some workers were upset about the discipline given Bennett as he was well liked and his mother had passed away. In the following weeks, some of the complaining workers Page 3 s 1 were reassigned to other locations. I was not disciplined because I had not done anything wrong. , 8/4/93 I sent Guynn a WIDSI requesting the allegations against me from the 7/29 meeting. I had asked for her notes about the meeting before, but was denied them. I never got the allegations against me from Guynn. This is another incident of racial discrimination which was very bothersome. I was denied the opportunity to defend myself and my career was being adversely affected by the 7/29 meeting allegations. 8/12/93 A Koffee Klatsh, at which Guynn addressed safety issues, was held this day in Room A/B. These meetings typically went for hours and often ran past noon. As I had scheduled a unit meeting in Room A at 10:35 a.m. and it was close to 10 : 30 a.m. , I was approached by a couple people in my unit about whether the meeting would be in Room A, since the Koffee Klatsh was still in session. I knew there was no other meeting place, so I entered Room A/B and asked Guynn, when acknowledged, how much longer her meeting would last. Later that day Guynn criticized me for interrupting her meeting. Other non-Black supervisors are not criticized for this type of conduct. Guynn falsely accused me of undercutting everything she said and for projecting anger against her. This event was very disturbing to me. I later apologized to Guynn even though I did not believe I had done anything to harm her. I was so upset over the criticism and discrimination over the past several days, that I cried in front of Guynn. 8/13/93 The next morning I was still upset over the recent events at work that I cried again. I went home early from work that day. Either this day or the following Monday, I arranged to see a psychiatrist at Kaiser. 8/16 or 8/17 I had an appointment with the psychiatrist at Kaiser. 8/17/93 On his last day of work, Michael Forman, a subordinate of mine, gave me a WIDSI in which he complimented me for professionalism, sensitivity toward employee needs, and management skills. 9/17/93 Hugo Martin, a Spanish interpreter who worked in a different group, delivered a message to Dorothy Mussey from one of her Spanish-speaking client who had dropped by. She yelled at Mr. Martin stating, "You people just drop by anytime without calling. I 'm serious, Hugo! " Page 4 M Ms. Mussey had no reason to yell at Mr. Martin. I spoke with Ms. Mussey afterward explaining that it would be better to apprise me of any problems in the future and not to publicly embarrass anyone. Guynn learned of this incident and specifically requested that I not provide Ms. Mussey with a written warning. I was later criticized by Guynn when I suggested that no written warning be given to two other employees when they repeated racial remarks, as such discipline would be inconsistent with the way in which Ms. Mussey was disciplined. 10/1/93 The Black History Committee began planning for holiday bake sales and auctions. 10/11/93 During this week, Guynn announced that the name of the "Christmas" holiday would be changed to "Holiday Celebration" . This had a deleterious effect on the Black History Committee' s plans. Someone on the Black History Committee reportedly remarked that the name was being changed because Guynn was Jewish. There was talk among the Black History Committee members that management was trying to eliminate the Black History Committee. Management' s efforts to eliminate only the Black History Committee, constitutes racial discrimination. This was another disturbing incident. 11/3 or 11/4/93 Yvette McCollumn and Pat Moore (both Blacks) were accused of making anti-Semitic remarks. Guynn assigned me to write a confirming memo to each of them. I reminded her that Ms. Mussey was not given a confirming memo. Guynn pressed me further to draft the memos. Finally she said she would reconsider it after telling me that I was rigid and inflexible, as my subordinate accusers stated at the July 29, 1993 meeting. Ultimately, other supervisors convinced Guynn not to write the confirming memos to Ms. McCollumn and Ms. Moore. This was further mistreatment which upset me. It was another act of subtle discrimination. Other non-Black supervisors were not treated this way. 12/2/93 At a conference with Guynn, she asked me to speak with Ms. Moore and Ms. McCollumn again about their anti- Semitic remarks. This was the conclusion of Guynn and Robert Hofmann according to Guynn. I explained that I had already spoken with them twice before about it and that it had been several weeks since the alleged remarks were made. Guynn became upset because I did not agree with her. After further discussion I agreed to talk with Ms. Moore and Ms. McCollumn even though I disagreed with her. Guynn said that she would speak with them, but she Page 5 i 1 never did. Guynn was simply harassing me based on my race and wanted to issue excessive discipline to two other Blacks. 12/13/93 A meeting was held between Guynn, Fran Treas and myself about registering GA applications on active Food Stamp cases. Guynn asked me for feedback from my unit on various related proposals. During the next few days I met with my unit about the proposals. My unit was concerned about adding another duty to their excessive work load. I explained this concern to Guynn, but she would not give their concern any credence. Guynn wanted more concrete reasons for opposing the proposal. I assured her that my unit would comply with any new duty, even if it meant more work. The discussion I had with Guynn was confrontational because Guynn made it that way. I was upset again due to the harshness with which Guynn treated me, which was different than how non-Black supervisors were treated. 12/16/93 Guynn criticized me about the way I discussed issues at the supervisors meeting held on 12/15 . She was abusive and reminded me again of the unsubstantiated and uninvestigated accusations made by my subordinates at the meeting on July 29, 1993 . This criticism constituted discrimination, as no other non-Black supervisors are ever treated this way. Guynn also criticized me for not providing any concrete problems with the GA application registration proposal. There were concrete reasons for my units concern about the work load. The proposal would seriously impact my unit 's ability to process its daily work on fully-funded Medi-Cal cases. Guynn told me I needed to revise my thinking. She said I need not agree with her, but that I must think differently in general, not just with the proposal issue. No other non-Black supervisor was asked to ever change his or her thinking. This was very disturbing to me, as she gave me something impossible to do. Guynn would allow me to disagree with her, but warned that I better come to the same conclusion on various issues that she would. 12/20/93 I wrote and delivered a memo to Guynn explaining how the events perpetrated by her of the past six months had harmed me and how I wanted to put those events behind us and work toward a better future with a better relationship. 12/22/93 Guynn announced that the system analysts had decided that the proposed food stamp procedure for registering GA Page 6 applications required too many passes of the document and would create system problems. Therefore, the procedure would not be implemented. 1/3/94 Guynn twice spoke with Millie Ray about contracts which had not been fully processed before Mr. Charles Couch took his vacation. I should have been informed by Guynn about these problems first, not Millie Ray. Guynn broke the chain of command and ignored me as a supervisor. Other non-Black supervisors are not circumvented. This was another upsetting event. 1/7/94 Guynn gave me a memo in response to my 12/20 memo to her. In her memo, she gives the false impression that she is genuinely concerned about me. She also raises reasons for her conduct which were never before expressed to me and misconstrues my memo- and misstates the facts of what happened. 1/13/94 A 59 year old Black male client was discriminated against by Guynn. He said that one of the workers he had dealt with had discriminated against him and that he would not tolerate it again. Guynn arranged for 2 deputy sheriffs to escort him. Additionally, Guynn stood next to him and told him that he was not being discriminated against. The whole incident caused excessive commotion in the office, disrupting everyone. Guynn' s approach was extreme for a situation which should have been handled without humiliating the older Black client. Guynn disallowed the proper person, the Black female public safety officer, to issue a report on the incident. Instead, she substituted her report of the event. The public safety officer believed that Guynn' s report was discriminatory. That public safety officer was ultimately reassigned to another location. This was another set of examples of racial discrimination by Guynn. To witness the discrimination was very upsetting to me. 1/14/94 I experienced a frightening breathing problem while visiting my credit union due to the stress I was feeling from the discrimination inflicted on me. 1/24/94 Guynn attempted to talk with me about my 12/20 memo and her 12/28 memo. She asked me how I wanted to approach the discussion, but she became very impatient with me when I did not immediately answer her with a process for discussing the issues in the memo. Guynn raised her voice ,, at me for taking a moment to think about her question. She was tormenting me with her approach to our discussion. We never discussed the memos. Other non- Black supervisors are not treated this way. Page 7 1 I 1/27/94 I had an appointment at Kaiser because I had been experiencing insomnia and breathing irregularity due to the stress from discrimination. 2/94 Management attempted to take control of the Black History Committee by appointing Line Supervisor Fran Treas to oversee their activities. The committee members decided to disband instead. Mr. Hicks of the local union, convinced some members not to dissolve. 2/7/94 I had another doctor visit and an inhaler was prescribed. 2/28/94 I had a conference with Guynn and Robert Hofmann ( "Hofmann" ) about various incidents including my performance evaluation of Dorothy Mussey and the fact that she called me a "bitch" . I wrote a memo about this meeting which constituted another , example of discrimination against me for the way in which I was treated. Guynn and Hofmann unjustifiably jumped to conclusions without any investigation about my conduct and were extremely critical of me. Other non-Black supervisors are not treated this way. Guynn and Hofmann also wrote a memo about this meeting addressed to me. Hofmann was beginning to discriminate against me like Guynn. 4/11/94 Hofmann called me and falsely accused me of announcing that Hosea Jones was staying in my unit. I never made such a statement or even implied it. Hofmann wrote me a memo on 4/15 falsely accusing me again for the same thing. This was discrimination and another upsetting event. No other non-Black supervisors were being falsely accused of misconduct. 4/13/94 I was examined by Dr. Young at Kaiser for swelling in my neck which occurred on 3/15/94. Another discrimination caused stress problem. Throughout the next several months I had many doctor visits concerning my stress, including visits with Dr. Jenkins-Monroe, a clinical psychologist. I was also given various prescriptions. 7/11/94 I sent a WIDSI to Guynn asking her about attending a seminar about coping with difficult people and related matters, which would have been helpful with my relationship with Guynn. Guynn disallowed my attendance stating that I had other obligations at the time of the seminar. I could have easily made arrangements to cover those obligations. This denial was very frustrating. Other non-Black supervisors would have not been denied the opportunity for such training if it would help Page 8 r r r improve the work environment like this course would have. 7/14/94 Guynn and Hofmann issued a memo to me about supervision, guidelines for WIDSIs, expectations for sharing information, limits of a supervisor' s authority and cooperation with other supervisors. This memo was prompted by false allegations about my conduct made by Guynn and Hofmann. They made incorrect assumptions about my behavior. The claims they made reflected their mistakes in not providing procedures for me to follow in certain instances. This was another incident of harassment and discrimination. No other non-Black supervisors were teamed up against by Guynn and Hofmann and no other non-Black supervisors were falsely accused of wrongs. Both Guynn and Hofmann' s continual pressure for doing nothing wrong caused me severe emotional distress. 7/25/94 I was examined by Dr. Gyler who was hired by the County to discredit my claim of emotional distress mentioned in my complaint filed with the Merit Board. This doctor' s misdiagnosis, in contrast with my doctor' s diagnosis, was used to deny my worker' s compensation claim on 8/3/94. 7/28/94 I filed retaliation charges against Guynn and Hofmann with the EEOC as I had earlier filed an EEOC charge and was experiencing continued discrimination. 9/94 Guynn and Hofmann scrutinized my performance evaluation of Yvette McCollumn to the point of perseveration. Various memos were written by them. No other non-Black supervisor was scrutinized so much and often over a single evaluation. This was discriminatory and very bothersome. 9/30/94 Guynn and Hofmann exaggerated a coverage problem with my unit. She claimed that my unit had returned late from lunch one day and caused serious service problems. In fact, part of my unit was 10 minutes late and the other part was 20 minutes late. Three of the four clients were drop ins and one existing client waited for 5 minutes only. This was the second time my unit had returned late from lunch in two years. Other units headed by non-Black supervisors had been late on other occasions without the warnings I received from Guynn and Hofmann. 10/11/94 Guynn called me about my memo dated 10/10 about the coverage problem on 9/30/94. Guynn intentionally berated me to the extent I could hardly sleep at all that night. This was further discrimination against me. In another incident, Guynn arranged five days in advance, Page 9 for me to prepare questions for interviewing and have them ready for her review on Wednesday, 10/12/94. On Tuesday, she contacted me in the morning for the questions. I had an extremely busy day and could not get the questions prepared until about 4: 40 p.m. When I delivered them to Guynn she complained to me about being late with the questions that day when they were originally not due until Wednesday. Guynn was being completely unreasonable, as she knew my busy schedule and she had moved the due date up one day and not notified me until the day the questions were due. No other non-Black supervisor is asked to do nearly impossible tasks based on changing schedules at the last minute and then criticized for doing the best possible under the circumstances. This was another disturbing incident. 10/14/94 Guynn, myself, and Niki Petersen met to discuss candidates Ms. Petersen and I had interviewed for a position in my unit. Guynn was irascible toward me and criticized me for wanting someone who could best help my unit. This was a very stressful encounter with Guynn. It was also discriminatory. Hofmann began attending nearly every meeting I had with Guynn beginning around February 1994. No other non-Black supervisor was subjected to this kind of humiliation. Guynn and Hofmann may claim it was to protect me against any further potential discrimination. In reality, it was merely an arrangement to inflict additional discrimination and emotional distress upon me. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Please see response to question 3. 5. What are the names of county or district officers, servants or employees causing the injury or damage? Stefanie Guynn and Robert Hofmann. Perhaps others who are unknown at this time. 6 . What damage or injuries do you claim resulted? Severe emotional distress which has caused me to obtain therapy and medication from a psychiatrist for several months. This emotional distress was a result of the discriminatory conduct of Guynn, Hofmann, and maybe others. The mistreatment has been so outrageous, that it has become intolerable to the degree that it constitutes constructive discharge of my employment. As such, it amounts to a tortious wrongful termination. The dollar amount of my claim is $175,000 for anticipated lost wages and benefits for a Page 10 year, doctor bills and medication, and emotional distress damages. 7. How was the amount claimed above computed? The amount of damages are based primarily on an estimate of emotional distress damages of $122, 900 along with approximately $50,000 prospectively for one year' s salary and benefits and approximately $2, 100 for doctor bills and medication. (Please see the attached itemized list of medical expenses. ) 8. Names and addresses of witnesses, doctors, and hospitals. The following are witnesses in addition to those persons mentioned in my answer to question 3 : Lillie Cuff, Terri Salter, Mary Lou Barrow, Jo Westhoff, Darlene Davidson, Delores Ford, Carol Calvert, Pamela Morgan, Azenith Toliver, Beronica Hedrick, Gloria Pedroza, Janette Holman, Thaddeus Duncan, Amir Kaify, and Joyce Carlisle. All these people are employees of the County. Names and addresses of doctors and hospitals: American Medical Response Paramedics Martinez, CA 510-779-1212 Kaiser Permanente Hospital 975 Sereno Drive Vallejo, CA Kaiser Permanente Hospital Psychiatry Department 1761 Broadway Vallejo, CA James Edwards, M.D. (Psychiatrist) c/o Kaiser Permanente Hospital Psychiatry Department 1761 Broadway Vallejo, CA 707-645-2700 Valata Jenkins-Monroe 4171 Piedmont Ave. , Suite 206-A Oakland, CA 94611 510-547-7792 9. Please see attached list of medical expenses. ctytort4.cLm Page 11 PACE 2 VALLEJO ID; 000 NOV-13-94 20 : 02 FROM: KINKOS TO: Je-ff Park , Attorney-at-Law DATE: 11 -13-94 FROM: Naomi Martinez SUBJ; List of Expenditures Made on Account of my Injury (Question #9 of Claim to: Board Of Supervisors of Contra Costa County) DATE ITEM AMOUNT 08- 17-93 Kaiser Hospital (Psychiatry) , 1761 Broadway, VaUP-jo $ 3.00 (Doctor' s Visit) Mileage: El Sobrante/Valleja/El Sobrante (15.3x2-30-6x.29) 8. 87 01 -27-94 Kaiser Hospital , 975 Serena Dr. , Vallejo 3.00 (Doctor' s Visit) Mileage: Home/Hospita)./Home ( 1 .3x2=2.6x. 29 ) .75 Prescription: 3 .00 02-07-94 Kaiser Hospital , 975 Serena Dr. , Vallejo 3.00 ( Doctor' s visit) Mileage: Home/Hospital/Home ( 1 . 3x2=2.6x.29 ) .75 Prescription; 3 .00 03- 15-94 Kaiser Hospital, 975 Serena Dr. , Vallejo 3 .00 Mileage: Home/Hospital/Home 41 .3x2=2_6X.29 ) .75 04-13-94 Kaiser Hospital, 975 Serena Dr. , Vallejo 3 .00 (Doctor' s Visit) Mileage; El Sobrante/Vallejo/El Sobrante (15.3X2=30.6x.29) 8 . 87 04-27-94 Dr. Jenkins-Monroe, 4.171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: ( 28 .9X21*57 . 8x. 29 ) 15 .68 Parking: .50 04-28-94 Kaiser Hospital (Psychiatry) , 1761 Broadway, Vallejo 3 .00 (Doctor' s Visit) Mileage; Home/Hospital/Home ( 1 . 4x2 2.8x. 29 ) . 81 Prescription: 3 . 00 05- 11 -94 Kaiser Hospital, 975 Serena Dr. , Vallejo 3 .00 (Doctor ' s Visit) Mileage: Home/Hospital/Home ( 1 . 3x2-2.6x. 29 ) .75 05-12-94 Kaiser Hospital , 975 Serena Dr. , Vallejo ,(.X-Rays) Mileage; Home/Hospital/Home ( 1 . 3x2-2.6x.29 ) . 75 05-19-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90.. 00 (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15 .68 Parking: . 50 05-23-94 Kaiser Hospital (Psychiatry) , 1761 Broadway, Vallejo 3 .00 (Doctor' s Visit) Mileage: Home/Hospital/Home ( 1 . 4x2=2.8x.29 ) .81 05-25-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo Prescription: 3 .00. 75 Mileage: 05-26-94 Dr . Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Valle jo/Oakland/Vallejo (28.9x2=57.8x.29) 15 - 68 Parking: PAGE 3 NOW-13-94 2OzO2 FROM: KINKOS VALLEJO JO: 000 SUBJ: List of Expenditures Made on Account of my Injury Page 2 06-02-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo (Treadmill test) Mileage: ( 1 . 3x2=2.6x . 29 ) . 75 06-09-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 .00 Oakland (Therapy) Mileage: Valle jo/Oakland/Valle jo (28.9x2=57.8x.29) 15.68 Parking: . 50 06-16-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90. 00 Oakland (Therapy) Mileage: Valle jo/Oakland/Vallejo (28.9x2=57.8x.29) 15.68 Parking: . 50 06-24-94 Kaiser Hospital , 1761 Broadway, Vallejo (Psychiatry) 3.00 (Doctor' s Visit) Mileage: Home/Hospital/Home ( 1 .4x2=2.8x.29) .81 06-30-94 Dr . Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90. 00 Oakland (Therapy) Mileage: Valle jo/Oakland/Vallejo (28.9x2=57.8X.29) 15. 68 Parking: . 50 07-07-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 .00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=5,7.8x.29) 15 . 68 Parking: . 50 07-14-104 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90. 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15.68 Parking: . 50 07-28-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Valleto (28.9x2-57.8x.29) 15.68 Parking: . 50 08-04-94 Dr . Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90. 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15. 68 Parking: •50 08-11 -94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.94=57.8x.29) 15. 68 Parking: 50 08-18-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90: 00 Oakland (Therapy) Mileage: Valle jo/Oakland/Vallejo (28.:9x2=57.8x.29) 15 . 68 Parking: ..So 09-15-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 .00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo ( 28.9x2=57 .8x.29) 15 . 68 Parking: . 50 09-19-94 Kaiser Hospital, 1761 Broadway, Vallejo (Psychiatry) 3 .00 (Doctor' s Visit) Mileage: Home/Hospital/Home ( 1 .4x2=2.8x.29 ) .81 09-22-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90.00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo ( 28 .9x2=57 . 8x.29 ) 15 . 68 Parking; . 50 PAGE 4 NOV433-84 20:03 FROM: KINKOS VALLEJO ID= 000 SUHJ: List of Expenditures Made on Account of my Injury . . . Page 3 09-29-94 Dr. Jenkins-Monroe , 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: El Sobrante/Oakland/E1 Sobrante (13.6x2=27.2x.29) 7,89 Parking: . 50 10-06-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90.00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57 .8x. 29 ) 15 .68 Parking: .50 10-11-44 Dr . ,Tanking-Monr.op, 4171 Piedmont Ave . , Suite 206A, 90 . 0n lakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28 .9x2=57 .8x.29 ) 15.6E Parking: .SU 10--20-94 Dr. . Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 .00 Oakland (Therapy) Mileage: Valleio/Oakland/Vallejo ( 28. 9x2=57 . 8x. 29 ) 15 .68 Parking: 10-26-94 Kaiser Hospital , 975 Serena Dr. , Vallejo 3.00 (Doctor' s Visit) Mileage: Home/Hospital/Home ( 1 .3x2=2.6x.29) .75 Prescription: 3 .00 11-02-94 Kaiser Hospital, 975 Sereno Dr. , Vallejo 3.00 ( Doctor' s Visit) Mileage: Home/Hospital/Home ( 1 . 3x2=2.6x.29 ) .75 Prescriptions ( 2 ) : 6.00 11-03-94 or. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 .00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo ( 28 . 4x2=57 .8x. 29 ) 15. 68 Parking: .50 11-07-94 Kaiser Hospital, 975 Sereno Dr. , Vallejo 3. 00 (Doctor' s Visit) Mileage; Home/Hospital/Home ( 1 . 3x2-2.6x.29 ) .75 Prescription: 3 . 00 Estimated Expenditures $ 2, 101 . 11 NOTE: I will have to request my hospital records in order to give a more accurate figure. Please bear in mind that I have not included the value of my time spent in travelling to and from facilities and to and from therapy sessions with Dr. Jenkins-Monroe. N10V-14-94 MOW 19 :02 4. P. 02 . .ry Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA C(yOM INMUCTIONS 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, 1987s 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 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at ita offioe 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. # * a It • N N i f e N N i A e I * N f i « • e N i 2 ► e RE: Claim By ) Rer frk's fi iin"g stamp NAOMI MARTINEZ } RECEIVED Y } } Agains the county o Contra osta } 94 orSORS District) HA co�UL. (fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the a= of $ 17 nn�_t} and in support of this claim represents as follows: �M��t�w�..ill.►-------w-.•------.IFw.---------rr.rr��AIM�f�.�+���r•Ys �.w.��l------ 1. When did the damage or injury occur? (Give exact date and hour) Please see attached. ------------ 2. Where Where did the damage or injury occur? (Include city and county) Please see attached. �sw�.•���..—wi------ -����.r��r�.����i��r�sli�.r���..���..n+.r�-----s----------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) Please see attached. .��.w.��...��------------------a.---eft-----rte----------------- ----..----- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Please see response to question 3. f P. 03 NOV-14-94 MON 19 :03 i 5: `What are the names of county or district officer's, servants or, employees causing the damage or injury? Stefanie Guynn and Robert Hofmann. Perhaps others who are unknown at this time. �.rwirlw!!!lrrrrl�.rr�r ..rrr..�wsY.►Y..r•r,r....rw r+r,rr,;..�.irYl..r.rrwrr..�...�1�..�a�r....w---------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage: Please see attached. lM.YINYY W r.�r�y.�rrrrrrrr M!!Mwrr+r.�Yl�.rrwr!!!! rr��.rrYrll!!l�rrrrlr w!• 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) The amount of damages are based primarily on an estimate of emotional distess damages of $122,900 along with approx.$50,000 for one year's salary and benefits and approx. $2,100 for doctor bills and medication. (Please see attached list of medical expenses.) MMrINiYlYs---WY - Names and addresses of witnesses, doctors and hospitals. Please see attached . ��Yw!lrrrYrr--Y--------ft-- ..rrrr---rlrrrlrwl rrrrrrr!ll.rr�rrrrYwl.���...rrr! 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Please see attached. ! 0 M M * V 4 # N M 9 * A IF • M 1F * N 1F * N M * 1F • • ! • M It ! N Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorney) or by some person on his behalf." Name and Address of Attorney Jeff Park Employment Rights Attorneys It lai want's tore 111 N. Market St.. , Suite 900 7 Rodgers St. Valle 'o CA 94590 San Jose, CA 95113 Address Telephone No. 408w971-9993 Telephone No. 707-643-9226 i W1 * • if 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 ($19000)1, 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 imprisonraent and fine. NOW- 15-94 TUE 10 :22 P. 02 TORT CLAIM WITH CONTRA COSTA COUNTY NAOMI MARTINEZ 11-14-94 1. When did the injury or damage occur? The injury consists of negligent and intentional infliction of emotional distress related to racial discrimination and constructive discharge of employment. These injuries have resulted .from a series of events which constitute outrageous conduct and a pattern of continuous behavior over several months. I am a Black supervisor in the Social Services Department. My department has been understaffed and under budgeted for the last couple of years. The caseload for myself and my subordinates has been excessive. This situation has caused pressure on myself and everyone in my department to process enough cases and still maintain quality in our work. Specific incidents have caused the above-mentioned torts. They occurred from January 1993 through October 1994. 2 . Where did the damage or injury occur? Most of the incidents occurred in El Sobrante, California at the office of the County Social Services Department. Some of the incidents involved phone calls to me at home in Vallejo by my Manager, Stefanie Guynn. An incident also occurred in Martinez, California. All of the incidents occurred in Contra Costa County. 3. How did the damage or injury occur? The injuries have occurred on several occasions over several months as described below. Some of the events listed below are included to explain discriminatory or tortious conduct. Also, the cumulative effect of some of these events did not reach a level of emotional distress until much later after the events. 1/15/93 Conference with Stefanie Guynn ("Guynn" ) about Darrie Bennett's ( "Bennett" ) job performance and up-coming evaluation. I later disciplined Mr. Bennett,. which became a cause of discrimination toward me by Guynn. 2/22/93 Discussed Bennett's initial performance evaluation with -him. 2/25/93 Guynn wrote a WIDSI (Write It Don't Say It memo) to me ( "Martinez" ) amending my proposed evaluation addenduri, concerning Bennett. 3/19/93 1 gave two WIDSIs to Bennett about his performance and Page 1 NOV- 15-94 TUE 8 :47 • • P. 03 corrective actions needed on 2 cases. 3/29/93 I gave three WIDSIs to Bennett about his performance and corrective action needed on 3 cases. 4/7/93 I gave two WIDSIs to Bennett about his performance and corrective action needed on cases. 4'/8/93 Conference between myself and Bennett re: his performance where he stated he would not meet the expectations I had for his performance. 4/12 - 4/21/93 Conferences w/ Guynn and Bennett, confirming memo, conference w/ Guynn about Bennett circulating a book called "Windows of Love" around the work office. 4/23/93 Clymela Stewart, a subordinate of mine, verbally attacked me about her work load. She was one of my subordinates who held a meeting on 7/29/93 with Fran Treas, another Supervisor like myself, but without me present, where she and other subordinates criticized me. This later led to discriminatory conduct by Guynn who was fully informed about what was said at the meeting, and I never was informed. 4/26/93 Guynn edited out parts of confirming memo I wrote to Clymela Stewart concerning Ms. Stewart ' s misconduct on 4/23/93 . Guynn showed favoritism toward Ms. Stewart over my testimony about what happened. Discrimination. 5/4/93 Guynn edited memo confirming conference w/ Bennett on 4/14/93. 5/14/93 I issued three WIDSIs to Bennett regarding corrective action needed on cases. 5/19/93 I issued two WIDSIs to Bennett regarding corrective action needed on cases. Bennett went on a leave of absence and never returned to the unit . 6/7/93 I issued another WIDSI to Bennett regarding corrective action needed on cases, for he was expected to return from leave. The extent of the problem cases had to be determined. 6/9/93 I issued another WIDSI to Bennett regarding corrective action needed on cases. Page 2 NOV-15-94 TUE 8 :47 F. 04 7/1 - 7/30/93 Bennett was on leave of absence. His cases were given to other workers in my unit. Guynn and I were told by Pat Avalos that Trish Rose had said that the E3CO unit (my unit), was to be made a test unit to test the Medi-Cal caseload standard. 7/26/93 Carolle Simmers, a subordinate, was exposed to a sulfuric acid cloud which passed by the office. She was upset over her exposure. 7/28/93 I completed a form. concerning Ms. Simmers' exposure to the toxic fumes. I recommended, pursuant to the form, that the remedy would have been to close the building. Guynn criticized me for suggesting such a remedy, when I was concerned about the welfare of the employees. The County has an obligation to provide a safe work environment. This constituted racial discrimination against me. I was upset because I was expected to do my job of protecting my workers, but I was criticized when I attempted to perform my job. 7/29- 7/30/93 Meeting held by 5 members of my unit (10 total subordinates in my unit) which I supervised, and Fran Treas, my equal. My subordinates apparently complained about the workload, my management style and I was personally attacked. This was told to Guynn. When I confronted Guynn and Treas I was not told what was said. I was not told what my deficiencies were. Therefore, I could not respond to the allegations. This meeting was against proper procedure. Guynn prevented me from providing a written response to the allegations I had heard from others in my unit. Guynn's conduct constituted racial discrimination against me as 1) other non-Black supervisors are not denied an explanation of allegations made against them, 2) they are not denied the chance to defend against those allegations, and 3 ) they are not continually reminded of the allegations in comments by Guynn months later when discussing other matters. (I spoke with Fran Treas on 7/29 and with Guyhn on 7/30) Reasons for some of my subordinates to be upset and retaliate existed, but their claims should not have been directed at me. Four workers had job performance problems. One worker could not perform 100% due to a stress problem. Some workers were upset about the discipline given Bennett as he was well liked and- his mother had passed away. In the following weeks, some of the complaining workers Page 3 P.. 0.5 NOV-15-94 TUE 8 :48 were reassigned to other locations. I was not disciplined because I had not done anything wrong. 8/4/93 1 sent Guynn a WIDSI requesting the allegations against me from the 7/29 meeting. I had asked for her notes about the meeting before, but was denied them. I never got the allegations against me from Guynn. This is another incident of racial discrimination which was very bothersome. I was denied the opportunity to defend myself and my career was being adversely affected by the 7/29 meeting allegations. 8/12/93 A Koffee Klatsh, at which Guynn addressed safety issues, was held this day in ROOM A/B. These meetings typically went for hours and often ran past noon. As I had scheduled a unit meeting in Room A at 10:35 a.m. and it was close to 10t30 a.m. , I was approached by a couple people in my unit about whether the meeting would be in Room A, since the Koffee Klatsh was still in session. I knew there was no other meeting place, so I entered Room A/B and asked Guynn, when acknowledged, how much longer her meeting would last. Later that day Guynn criticized me for interrupting her meeting. Other non-Black supervisors are not criticized for this type of conduct . Guynn falsely accused me of undercutting everything she said and for projecting anger against her. This event was very disturbing to me. I later apologized to Guynn even though I did not believe I had done anything to harm her. I was so upset over the criticism and discrimination over the past several days, that I cried in front of Guynn. 8/13/93 The next morning I was still upset over the recent events at work that I cried again. I went home early from work that day. Either this day or the following Monday, I arranged to see a psychiatrist at Kaiser. 8/16 or 8/17 1 had an appointment with the psychiatrist at Kaiser. 8/17/93 on his last day of work, Michael Forman, a subordinate of mine, gave me a -WIDSI in which, he complimented me for professionalism, sensitivity toward employee needs, and management skills. 9/17/93 Hugo Martin, a Spanish interpreter who worked in a different group, delivered a message to Dorothy Mussey from one of her Spanish-speaking client who had dropped by. She yelled at Mr. Martin stating, "You people just drop by anytime without calling. I 'm serious, Hugoll, Page 4 NOV-15-94 TUE 8 :49 Ms. Mussey had no reason to yell at Mr. Martin. I spoke with Ms. Mussey afterward explaining that it would be better to apprise me of any problems in the future and not to publicly embarrass anyone. . Guynn learned of this incident and specifically requested that I not provide Ms. Mussey with a written warning. I was later criticized by Guynn when I suggested that no written warning be given to . two other employees when they repeated racial remarks, as such discipline would be inconsistent with the way in which Ms. Mussey was disciplined. 10/1/93 The Black History Committee began planning for holiday bake sales and auctions. 10/11/93 During this week, Guynn announced that the name of the "Christmas" holiday would be changed to "Holiday Celebration" . This had a deleterious effect on the Black History Committee's plans. Someone on the.Black History Committee reportedly remarked that the name was being changed because Guynn was Jewish. There was talk among the Black History Committee members that management was trying to eliminate the Black History Committee. Management's efforts to eliminate only the Black History Committee, constitutes racial discrimination. This was another disturbing incident. 11/3 or 11/4/93 Yvette McCollumn and Pat Moore (both Blacks) were accused of making anti-Semitic remarks. Guynn assigned me to write a confirming memo to each of them. I reminded her that Ms. Mussey was not given a confirming memo. Guynn pressed me further to draft the memos. Finally she said she would reconsider it after telling me that I was rigid and inflexible, as my subordinate accusers stated at the July 29, 1993 meeting. Ultimately, other supervisors convinced Guynn not to write the confirming memos to Ms. McCollumn and Ms. Moore. This was further mistreatment which upset me. It was another act of subtle discrimination. Other non-Black supervisors were not treated this way. 12/2/93 At a conference with Guynn, she asked me to speak with Ms. Moore and Ms. McCollumn again about their anti- Semitic remarks. This was the conclusion of Guynn and Robert Hofmann according to Guynn. I explained that I had already spoken with them twice before about it and that it had been several weeks since the alleged remarks were made. Guynn became upset because I did not agree with her. After further discussion I agreed to talk with Ms. Moore and Ms. McCollumn even though I disagreed with her. Guynn said that she would speak with them, but she Page 5 P. 07 NOV-15-94 TUE 8 :.49 never did. Guynn was simply harassing me based on my race and wanted to issue excessive discipline to two other Blacks. 12/13/93 A meeting was held between Guynn,* Fran Treas and myself about registering GA applications on active Food Stamp cases. Guynn asked me for feedback from my unit on various related proposals. During the next few days i met with my unit about the proposals. My unit was concerned about adding another duty to their excessive work load. I explained this concern to Guynn, but she would not give their concern any credence. Guynn wanted more concrete reasons for opposing the proposal. I assured her that my unit would comply with any new duty, even if it meant more work. The discussion I had with Guynn was confrontational because Guynn made it that way. I was upset again due to the harshness with which Guynn treated me, which was different than how non-Black supervisors were treated. 12/16/93 Guynn criticized me about the way I discussed issues at the supervisors meeting held on 12/15 . She was abusive and reminded me again of the unsubstantiated and uninvestigated accusations made by my subordinates at the meeting on July 29, 1993. This criticism constituted discrimination, as no other non-Black supervisors are ever treated this way. Guynn also criticized me for not providing any concrete problems with the GA application registration proposal . There were concrete reasons for my units concern about the work load. The proposal would seriously impact my unit's ability to process its daily work on fully-funded Medi-Cal cases. Guynn told me I needed to, revise my thinking. She said I need not agree with her, but that I must think differently in general, not just with the proposal issue. No other non-Black supervisor was asked to ever change his or her thinking. This was very disturbing to me, as she gave me something impossible to do. Guynn would allow me to disagree with her, but warned that T better come to the same conclusion on various issues that she would. 12/20/93 1 wrote and delivered a memo to Guynn explaining how the events perpetrated by her of the past six months had harmed me and how I wanted to put those events behind us and work toward a better future with a better relationship. 12/22/93 Guynn announced that the system analysts had decided that the proposed food stamp procedure for registering GA Page 6 P. 08 NOV-15-94 TUE 9 :50 applications required too many passes of the document and would create system problems. Therefore; the procedure would not be implemented. 1/3/94 Guynn twice spoke with Millie Ray about contracts which had not been fully processed before Mr. Charles Couch took his vacation. I should have been informed by Guynn about these problems first, not Millie Ray. Guynn broke the chain of command and ignored me as a supervisor. Other non-Black supervisors are not circumvented. This was another upsetting event. 1/7/94 Guynn gave me a memo in response to my 12/20 memo to her. In her memo, she gives the false impression that she is genuinely concerned about me. She also raises reasons for her conduct which were never before expressed to me and misconstrues my memo and misstates the facts of what happened. 1/13/94 A 59 year old Black male client was discriminated against by Guynn. He said that one of the workers he had dealt with had discriminated against him and that he would not tolerate it again. Guynn arranged for 2 deputy sheriffs to escort him. Additionally, Guynn stood next to him and told him that he was not being discriminated against. The whole incident caused excessive commotion in the office, disrupting everyone. Guynn's approach was extreme for a situation which should have been handled without humiliating the older Black client. cuYlIn disallowed the proper person, the Black female public safety officer, to issue a report on- the incident. Instead, she substituted her report, of the event. The public safety officer believed that Guynn's report was discriminatory. That public safety officer was ultimately reassigned to another location. This was another set of examples of racial discrimination by Guynn. To witness the discrimination was very upsetting to me. 1/14/94 1 experienced a frightening breathing problem while visiting my credit union due to the stress I was feeling from the discrimination inflicted on me. 1/24/94 Guynn attempted to talk with me about my 12/20 memo and her 12/28 memo. She asked me how I wanted to approach the discussion, but she became very impatient with me when I did not immediately answer her with a process for discussing the issues in the memo. Guynn raised her voice at me for taking a moment to think about her question. She was tormenting me with her approach to our discussion. we never discussed the memos. other non- Black supervisors are not treated this way. Page 7 P. 09 NOV-15-94 TUE 9 :50 1/27/94 1 had an appointment at Kaiser because I had been experiencing insomnia and breathing irregularity due to the stress from discrimination. 2/94 Management attempted to take control of the Black History Committee by appointing Line Supervisor Fran Treas to oversee their activities. The committee members decided to disband instead. Mr. Hicks of the . local union, convinced some members not to dissolve. 2/7/94 1 had another doctor visit and an inhaler was prescribed. .2/28/94 1 had a conference with Guynn and Robert Hofmann ( "Hofmann") about various - incidents including my performance evaluation of Dorothy Mussey and the fact that she called me a "bitch" . I wrote a memo about this - meeting which constituted " another example of discrimination against me for the way in which I was treated. Guynn and Hofmann unjustifiably jumped to conclusions without any investigation about my conduct and were extremely critical of me. Other non-Black supervisors are not treated this way. Guynn and Hofmann also wrote a memo about this meeting addressed to me. Hofmann was .beginning to discriminate against me like Guynn. 4/11/94 Hofmann called me and falsely accused me of . announcing that Hosea Jones was staying in my unit. I never made such a statement or even implied it. Hofmann wrote me a memo on 4/15 falsely accusing me again for the same thing. This was discrimination and another upsetting event. No other non-Black supervisors were being falsely accused of misconduct. 4/13/94 1 was examined by Dr. Young at Kaiser for swelling in my neck which occurred on 3/15/94. Another discrimination caused stress problem. Throughout the next several months I had many doctor visits concerning my stress, including visits with Dr. Jenkins-Monroe, a clinical psychologist. I was also given various prescriptions. 7/11/94 1 sent a WIDSI to Guynn asking her about attending a seminar about coping with difficult people and related matters, which would have been helpful with my relationship with Guynn. Guynn disallowed my attendance stating that I had other obligations at the time of the seminar. I could have easily made arrangements to cover those obligations. This denial was very frustrating. other non-Black supervisors would have not been denied the opportunity for such training if it would help Page 8 t NOV—'15-94 TUE 8 :51 P. 19 c , improve the work environment like this course would have. 7/14/94 Guynn and Hofmann issued a memo to me about supervision, guidelines for WIDSIs, expectations for sharing information, limits of a supervisor's authority and cooperation with other supervisors. This memo was prompted by false allegations about my conduct made by Guynn and Hofmann. They made incorrect assumptions .about my behavior. The claims they made reflected their mistakes in not providing procedures for me to follow in certain instances. This was another incident of harassment and discrimination. No other non-Black supervisors were teamed up against by Guynn and Hofmann and no other non-Black supervisors were falsely accused of wrongs. Both Guynn and Hofmann's continual pressure for doing nothing wrong caused me severe emotional distress. 7/25/94 I was examined by Dr. Gyler who was hired by the County to discredit my claim of emotional distress mentioned in my complaint filed with the Merit Board. This doctor's misdiagnosis, in contrast with my doctor's diagnosis, was used to deny my worker's compensation claim on 8/3/94. 7/28/94 I filed retaliation charges against Guynn and Hofmann with the EEOC as I had earlier filed an EEOC charge and was experiencing continued discrimination. 9/94 Guynn and Hofmann scrutinized my performance evaluation of Yvette McCollumn to the point of perseveration. Various memos were written by them. No other non-Black supervisor was scrutinized so much and often over a single evaluation. This was discriminatory and very bothersome. 9/30/94 Guynn and Hofmann exaggerated a coverage problem with my unit. She claimed that my unit had returned late from lunch one day and caused serious service problems. In fact, part of my unit was 10 minutes late and the other part was 20 minutes late. Three of the four clients were drop ins and one existing client waited for 5 minutes only. This was the second time my unit had returned late from lunch in two years. other units headed by non-Black supervisors had been late on other occasions without the warnings I received from Guynn and Hofmann. 10/11/94 Guynn called me about my memo dated 10/10 about the coverage problem on 9/30/94. Guynn intentionally berated me to the extent I could hardly sleep at all that night. This was further discrimination against me. in another incident, Guynn arranged five days in advance, Page 9 P. 11 NOV-15-94 TUE 8 :52 for me to prepare questions for interviewing and have them ready for her review on Wednesday, 10/12/94. on Tuesday, she contacted me in the morning for the questions. I had an extremely busy day and could not get the questions prepared until about 4: 40 p.m. When I delivered them to Guynn she complained to me about being late with the questions that day when they were originally not due until Wednesday. Guynn was being completely unreasonable, as she knew my busy schedule and she had moved the due date up one day and not notified me until the day the questions were due. No other non-Black supervisor is asked to do nearly impossible tasks based on changing schedules at the last minute and then criticized for doing the best possible under the circumstances. This was another disturbing incident. 10/14/94 Guynn, myself, and Niki. Petersen met to discuss candidates Ms. Petersen and I had interviewed for a position in my unit. Guynn was irascible toward me and criticized me for wanting someone who could best -help my unit. This was a very stressful encounter with Guynn. It was also diserl.minatory. Hofmann began attending nearly every meeting I had with Guynn beginning around February 1994. No other non-Black supervisor was subjected to this kind of humiliation. Guynn and Hofmann may claim it was to protect me against any further potential discrimination. In reality, it was merely an arrangement to inflict additional discrimination and emotional distress upon me. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Please see response to question 3. 5. What are the names of county or district officers, servants or employees causing the injury or damage? Stefanie Guynn and Robert Hofmann. Perhaps others who are unknown at this time. .6. What damage or 'injuries do you claim resulted? Severe emotional distress which has caused me to obtain therapy and medication from a psychiatrist for several months. This emotional distress was a result of the discriminatory conduct of Guynn, Hofmann, and maybe others. The mistreatment has been so outrageous, that it has become intolerable to the degree that it constitutes constructive discharge of my employment. As such, it amounts to a tortious wrongful termination. The dollar amount of my claim is $175,000 for anticipated lost wages and benefits for a Page 10 k6V-15-94 TUE 8 : 32 P: 12 1 r . year, doctor bills and Medication, and emotional distress damages. 7. How was the amount claimed above computed? The amount of damages are based primarily on an estimate of emotional distress damages of $122,900 along with approximately $50,000 prospectively for one year's salary and benefits and approximately $2, 100 for doctor bills and medication. (Please see the attached itemized list of medical expenses. ) a. Names and addresses of witnesses, doctors, and hospitals. The following are witnesses in addition to those persons mentioned in my answer to question 3: Lillie Cuff, Terri Salter, Mary Lou Barrow, Jo Westhoff, Darlene Davidson, Delores Ford, Carol Calvert, Pamela Morgan, Azenith Toiiver, Beronica Hedrick, Gloria Pedroza, Janette Holman, Thaddeus Duncan, Amir Kaify, and Joyce Carlisle. All these people are employees of the County. Names and addresses of doctors and hospitals: American Medical Response Paraledics Martinez, CA 510-779-1212 Kaiser Permanente Hospital 975 Sereno Drive Vallejo, CA Kaiser Permanente Hospital Psychiatry Department 1761 Broadway Vallejo, CA James Edwards, M.D. (Psychiatrist) c/o Kaiser Permanente Hospital .Psychiatry Department 1761 Broadway Vallejo, CA 707-645-2700 Valata Jenkins-Monroe 4171 Piedmont Ave. , Suite 206-A Oakland, CA 94611 510-547-7792 9. Please see attached list of medical expenses. ctyt0rt4.d0 Page 11 6 TO: Jeff Park, Attorney-at-Law DATE: 11-13-94� ?ROM: Naomi Martinez SUBJ: List of Expenditures Made on Account of my Injury (Question #9 of Claim to: Board of Supervisors of Contra Costa County) DATE ITEM AMOUNT 08-17-93 Kaiser Hospital (Psychiatry) , 1761 Broadway, Vallejo $ 3 . 00 (Doctor' s Visit) Mileage: E1 Sobrante/Vallejo/E1 Sobrante (:15.3x2=30.6x.29) 8 . 87 01-27-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo 3 . 00 (Doctor ' s Visit) Mileage: Home/Hospital-/Home ( 1 . 3x2=2 . 6x. 29 ) .75 Prescription: 3 . 00 02-07-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo 3 . 00 (Doctor's visit) Mileage: Home/Hospital/Home ( 1 . 3x2=2 . 6x. 29 ) . 75 Prescription: 3 . 00 03-15-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo 3 . 00 Mileage: Home/Hospital/Home .0 . 3x2=.2.. 6x. 29 ) . 75 04-13-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo 3 . 00 (Doctor' s Visit) Mileage: El Sobrante/Vallejo/El Sobrante ( 15.3x2=30.6x.29) 8 . 87 04-27-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: ( 28 . 9x2=57 . 8x. 29 ) 15 . 68 Parking: . 50 04-28-94 Kaiser Hospital (Psychiatry) , 1761 Broadway, Vallejo 3 . 00 (Doctor ' s Visit) Mileage: Home/Hospital/Home . ( 1 . 4x2=2 . 8x. 29 ) . 81 Prescription: 3 . 00 05-11-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo 3 . 00 (Doctor ' s Visit) Mileage: Home/Hospital/Home ( 1 . 3x2=2 . 6x. 29 ) . 75 05-12-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo (,X-.!Rays) Mileage: Home/Hospital/Home ( 1 . 3x2=2 . 6x. 29 ) . 75 05-19-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 13 . 68 Parking: . 50 05-23-94 Kaiser Hospital (Psychiatry) , 1761 Broadway, Vallejo 3 . 00 (Doctor' s Visit) Mileage: Home/Hospital/Home . ( 1 . 4x2=2 . 8x. 29 ) . 81 05-25-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo Prescription: 3 . 00 Mileage: . 75 05-26-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15 . 68 Parking: . 50 ` ' St7$J: List of Expeneures Made on Account of *Injury . . . Page 2 06-02-94 Kaiser Hospital , 975 Sereno Dr, , Vallejo (Treadmill test) Mileage: ( 1 . 3x2=2 . 6x. 29 ) . 75 06-09-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15 . 68 Parking: . 50 06-16-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , -Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15 . 68 Parking: . 50 06-24-94 Kaiser Hospital , 1761 Broadway, Vallejo (Psychiatry) 3 . 00 (Doctor ' s Visit) Mileage: Home/Hospital/Home ( 1 . 4x2=2 . 8x. 29 ) . 81 06-30-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15 . 68 Parking: . 50 07-07-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 , 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15 . 68 Parking: . 50 07-14-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15 . 68 Parking: . 50 07-28-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15 . 68 Parking: . 50 08-04-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15 . 68 Parking: . 50 08-11 -94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.9x2=57.8x.29) 15 . 68 Parking: . 50 08-18-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo (28.:9x2=57.8x.29) 15 . 68 Parking: . 50 09-15-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo ( 28 . 9x2=57 . 8x. 29 ) 15 . 68 Parking: . . 50 09-19-94 Kaiser Hospital , 1761 Broadway, Vallejo (Psychiatry) 3 . 00 (Doctor' s Visit) Mileage: Home/Hospital/Home ( 1 . 4x2=2 . 8x. 29 ) . 81 09-22-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo ( 28 . 9x2=57 . 8x. 29 ) 15 . 68 Parking: . 50 SiBJ: List of Expend res Made on Account of m*njury Page 3 09-29-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: E1 Sobrante/Oakland/El Sobrante ( 13.6x2=27.2x.29) 7 . 89 Parking: . 50 10-06-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo ( 28 . 9x2=57 . 8x. 29 ) 15 . 68 Parking: . 50 10-13-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo ( 28 . 9x2=57 . 8x. 29 ) 15 . 68 Parking: . 50 10-20-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 .00 Oakland. (Therapy) Mileage: Vallejo/Oakland./Vallejo ( 28 . 9x2=57 . 8x. 29 ) 15 . 68 Parking: . 50 10-26-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo 3 . 00 (Doctor' s Visit) Mileage: Home/Hospital/Home ( 1 . 3x2=2 . 6x. 29 ) . 75 Prescription: 3 . 00 11-02-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo 3 . 00 (Doctor' s Visit) Mileage: Home/Hospital/Home ( 1 . 3x2=2 . 6x. 29 ) . 75 Prescriptions ( 2 ) : 6 . 00 11 -03-94 Dr. Jenkins-Monroe, 4171 Piedmont Ave. , Suite 206A, 90 . 00 Oakland (Therapy) Mileage: Vallejo/Oakland/Vallejo ( 28 . 9x2=57 . 8x. 29 ) 15 . 68 Parking: . 50 11-07-94 Kaiser Hospital , 975 Sereno Dr. , Vallejo 3 . 00 (Doctor ' s Visit) Mileage: Home/Hospital/Home ( 1 . 3x2=2 . 6x . 29 ) . 75 Prescription: 3 . 00 Estimated Expenditures $ 2 , 101 . 11 NOTE: I will have to request my hospital records in order to give a ore accurate figure. Please bear in mind that I have not included -he value of my time spent in travelling to and from facilities and to and from therapy sessions with Dr. Jenkins-Monroe.