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MINUTES - 12061994 - 1.27
CLAIM L a7 BOARD Of SUPERVISORS Of CONTRA COSTA COUNTY, CALIFORNIA December 6, 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: $2,000,000.00 Section 913 and 91S.4. please note all •W rnings". CLAIMANT: ALSTON, Barnett R, , Jr. ATTORNEY: Date received ADDRESS: West County Detention Facility BY DELIVERY TO CLERK ON November 3, 1994 5535 Giant Highway Richmond, CA 94806 BY MAIL POSTMARKED: November 2, 1994 J. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 4, 1994 igll apuLyEIOR Clerk A 11. FROM: County Counsel 70: Clerk of the Board of Supervisors (yr This claim conplies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying , claimant. The Board cannot act for 15 days (Section 910.8). ( Claim is not timely filed. the Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 1—1 04 a y BY: Deputy County Counsel iII. 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 ( V) This Claim is rejected in full. ( ) Other: 1 certify that this is a true and correct copy Of the Board's Order entered in its sainutas for this ate. Dated: DEC 61994 PHIL BATCHELOR, Clerk, By SLI, ( `c� .6,*JV A aJ . Deputy Clerk YARNING (Gov. code section 913) ►object to certain exceptions, you have only six (6) months from the ate this notice Ms personally served or laposited In the nil to file a court action on this claim. fee Government Code Section 94S.6. low may seek the advice of an attorney of your choice In connection Kith this matter. If you want t0 consult in attorney, you should do so immediately. •For additional warning see reverse side of this notice. AFFIDAVIT OF !WILING declare under penalty of perjury that I as now. and at all tines 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 Martinez. Alifornia, postage fully prepaid a certified sopy of this Board Order and Notice to C1aiment. addressed to ,he Claimant as show" above. /J , n �ated:�EC O", 7 BY: PHIL BATCHELOR by ( 'a Clerk .C: County Counsel County Administrator • j � I CLERK OF THE BOARD Inter - Office Memo To: Bradon Baum, Deputy County Counsel From: Shirley Casillas, Deputy Clerk Qy . Clerk of the Board of Supervisors Date: January 27, 1995 subject: Letter From Barnett Raymond Alston Jr --------------------------------------------- --------------------------------------------- On January 26, 1995 I received a letter from Mr. Alston (see attached copy) . The first denial form was returned (see attached copy) . Per Greg Harvey' s instructions I have mailed another copy of the November 6 , 1994 , denied claim form to Mr. Alston on January 26, 1995. cc: Risk Mgmt. i oa U i �A6 fes' "� S vwl 11��J� p • • r A • p Mr. Barnett Raymond Alston Jr. 5535 Giant Highway West County Detention Facility Richmond,Calif. 94806 January 13, 1994 RECEIVED a Board Of Supervisors .M 2 6 iqq� 111 Pine Street Martinez.,Ca. 9455: CLERK BOARD OF SUPERVISORS CON „A COSTA CO. Mr. Phil Batchelor: On November 2, 1994 I had delivered to your office (See attached copy) a complaint that was to be filed against the County Of Contra Costa, Contra Costa Public Defenders Office, Ms. Suzanne J. Chapot, and Ms. Jan Roberts. I have not as of this date received any response concerning said Complaint from your office. I would very much like to know the current status of the complaint. Moreover, if any additional information is needed please do not hesitate to contact me, as I am eagerly awaiting your reply. Sincerely, x Mr. Barnett Raymond Alston Jr. _ �, e ; 3 Re tisiceipt fpr fi P 869 385 207 t+ ertifieaii �o Insurance rx ' $ _ �nofeJ> rgemau o�1 MReceipt for an + Certified Mail p,� ) z an No Insurance Coverage Provided r sen<m Do not use for International Mail �,. POSTAL F (See Reverse) . r SeM fo JA to Z 6 j k 75 j'• q. Street and Na .4l-r J 1 i ' 2 ZJP Code F `SSS ,y� } CerNed Fee p��� � J i 7� + •wrY�wwlP :. Spedel Dell Fee RestAdBd DoWery Fee AOYI�IkillOr>; k. t E r flettail R.00Showtrip • + �, } '• s �'+"� e to Whom&DaW DeWered d �"'k � � ^-5$i rwY✓f s: � ?e,�ie�a� .�-i �, + J.� HetteB �m. , Z Date:. Add +x.� .,�. c is �-"' a;:,, k t. '7 TOTAL &Foes . sZ- � J� c C) r kf �3 "' y , ;� :,' t 5 as - lt► i , -- $ a W- t r 5 -, o s t k . RBCt $ot' � P 869;• 385 205 -. . � fi t i l Rece for 2 .Cert' d Mail @ r t° V, ; 'NO Insurance Coverage Provided ,31 Do not use for International Mail See Reverse to t�+ f ;` G ;'�D�f �� f � }: ��`,����h �� ����' x ,� 4t�i'sp• _ ' �S A-tilM£S iav,itri q and No MII/P/Code Z.06T t SP@Ckd Delivery Fee j v >' r Hestrfated Dd ery Fee . .��.,, • a� M3"C�e Delfiirerad �e _ : +d�° � a+, .3, • ° 9th :¢S i a �'" { Pi or _ E if r Uzi }•y 1 .ra'it 19, , t.• #r $ 3» tib a a e ni v e fir- CLAIM . a7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA --December 61, 1994 Inst the County, or District governed Dy) BOARD ACTION d Ot Supervisors. Routing Endorsements, � NOTICE TO CLAIMANT oil d Action. All Section references are to The copy of this document Wiled to you /s your notice Of Cal ifornq government Codes. 1 the action taken on your date, by the Board of supervisors (Paragraph IV below), given pursuant to government Code lmount: $2,000,000.00 Section 913 and 015.4. please note all earnings-. CLAIMANT: ALSTON, Barnett R. , Jr. t<T70ANF Y: . Date received 10DRESS: West County Detention Facility BY DELIVERY TO CLERK ON November 3, 1994 5535 Giant Highway Richmond, CA 94806 IT MAIL POSTMARKED: November 2. 1994 1. fROM: Clerk of the Burd of Supervisors -70: county Counsel Attached is a copy of the above-noted claim. November 4. 1994 `all �TCMFIOR. Clerk p� DATED: putt' a .t 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (6oe 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 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: sated: {�W'Q y 8Y: Deputy County Counsel 11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) { Clara was returnee as untimely with notice to claimant (Section 011.7). V. BOARD ORDER: By unanimous vote Of the Supervisors present This Claim is rejected in full. { ) Other: I 'f 1 certify that this is a true and correct copy of the Boards Order Inured 1n Its minutes for this date. Dated: D E C 6 19% PHIL OATCHELOR. Clerk. 1t'_ ���� , ��', Q � �'.. Deputy Clerk utjtct t0 certain exceptions, you have only six (6) months from the mate this Notice was personally served or "Osited in the enil to file a court action on this claim. See Government Code lection 94S.6. Du may seek the advice of an attorney of your ehoict In connection alit% "is stutter. If you want t0 consult 1%.Attorney, you should do to iweediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF WILING Getlare under penalty of perjury that I as now, and at all times hpretr rsnfweed, Mu bm a eitizaa of the sited States, over age 11; and that today I deposited to the united State. Paul sirdict":lh Martinez, , alifornis, postage fully prepaid a certified My of this Board Order addressed to ht claimant as shown above. %ted: DEC 0- 71901 IT: PHIL BATCHELOR by < - ?qty Clerk i C: County COunstl county Administrator i rn p Fn e n � 3 c O D N 'd z C? i n c0 (D 0 7 C-) : a O Q '7t 'ss [NP 3 03 ch cn -a m dpi V i 451 r 1 P7'O � 15t t"sl twM %71 p 1ta C� ry. vra , Orrt ' R+ rf (D �y+ rrr k' k c pq O t-r fy.- LO c i 2, 97b �OfiZ � L a ` r?ta� �.i►N. lk N zr ra ok d N Q C }H • r W m o- O 4 Go M H Mr. Barnett Raymond Alston Jr. 5535 Giant Highway Richmond,Calif . 94806 October 3 , 1994 �ECEIVE® Board of Supervisors (Clerk) County Administration Building - 31994 Room 106 651 Pine Street Martinez, Calif 94553 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. RE: Barnett Raymond Alston Jr. 90 Day Letter. County Clerk; Please be advised that it is my intention to file a Civil Action for legal Malpractice against Ms . Suzanne J. Chapot, Ms. Jan Roberts, and the Contra Costa County Public Defenders Office, for Negligence and Misfeasance in the handling of my legal matters in Delta Judicial District Municipal Court Docket number #89424-6 . The filing if this action for damages will occur within ninety ( 90) day' s of the date of this letter—Please .tender this matter to your professional errors and omissions insurance carrier so that settlement negotiations cart be initiated. RESPECTFULLY SUBMITTED MR-BARNETT RAYMOND ALSTON JR. 1 Mr.Barnett Raymond Alston Jr. 2 5535 Giant Highway 3 Richmond,Ca. 94806 4 5 6 7 8 9 Barnett Raymond Alston Jr. ) 10 ) 11 Plaintiff > 12 ) 13 V. } 14 ) 15 County of Contra Costa, ) 16 Contra Costa County Public Defenders ) 17 Office, Contra Costa County ) 18 Investigators Office } 19 and ) 20 Ms. Suzanne J. Chapot, Ms. Jan Roberts ) 21 ) 22 Defendant(s ) ) 23 } 24 25 26 27 The undersigned claimant makes claim against the County of Contra 28 Costa or the above-named District in the sum of $2,000, 000.00 and 29 in support of this claim represents as follows : 30 31 -------------------------------------------------------------- 32 1 . When did damage or injury occur? (Give exact date and hour) 33 34 April 6, 1994 and thereafter. 35 36 2 . Where did damage or injury occur? ( Include city and county) 37 38 Martinez, California. Contra Costa County. 39 40 3 . How did the damage or injury occur? (Give full details; use 41 extra Raper if required) . 42 43 Mal-intent, Malpractice, Nonfeasance, Malfeasance 44 by breach of duties by Public Defender. 45 46 47 4 . What particular act or omission on the part of county or 48 district officers , servants or employees caused the injury or 49 damage? 50 Refer to documents that follow. 51 SEE APPENDIX. 1 52 1 7 1 5. What are the names of county oi- district officers , servants or 2 employees causing the damage or injury? 3 4 Suzanne J. Chapot, Jan Roberts. 5 6 6 . What- damage or injury do you claim resulted? (Give Full extent 7 of injuries or damage claimed. Attach two estimates for auto 8 damage. 9 10 Loss of Freedom, Loss of rights , Violation of all 11 due process. 12 13 7 . Haw was the amount claimed above computed? ( Include the 14 estimated amount of ant prospective injury or damage. ) 15 16 $2,000.000.00 General Damages, Stress Aggravation, 17 Mental Stress . 18 19 20 8 . Names and addresses of witnesses , doctors and hospitals . 21 22 Not currently Ascertained 23 24 9 . List the expenditures you made on account of this injury: 25 Date Item Amount 26 27 Not Currently Ascertained 28 29 30 31 32 Gov. Code Sec. 910.2 provides: 33 "The claim must be signed by 34 the claimant or by some other 35 person on his behalf. 36 37 38 39 ,SEND NOTICE TO Barnett Raymond Alston Jr. 40 West County Detention Facility 41 5535 Giant Highway 42 Richmond, Ca. 94806 43 44 45 NAME AND ADDRESS OF CLAIMANT 46 MR1 . Barnett. R. Alston Jr. - A_-AxAdt_'-Pdr%. �WWLIL 47 West County Detention Facility (Claimant s Signatu e ) 48 5535 Giant Highway 49 Richmond, Ca. 94806 50 51 52 2 1 2 3 4 6 7 8 9 10 11 NOTICE 12 13 Section 72 of the Penal Code provides: 14 15 "Every person who, with the intent to defraud, presents for 16 allowance or for payment to ant state board or officer, or to any 17 county, city or district beard or officer, authorized to allow or 18 pay the same if genuine, any false or fraudulent claim, bill , 19 account, voucher, or writing, is punishable either by 20 imprisonment in the county jail for a period of not more then one 21 ( 1 ) year, by fine of not exceeding one ( 1 ) thousand ($1, 000 ) , or 22 by both such imprisonment arid fine, or by imprisonment in the 23 state prison, by fine of not exceeding ten( 10 ) thousand dollars 24 ($10 , 000, or by both imprisonment and fine . 3 MR. BARNETT RAYMOND ALSTON JR. APPENDIX. 1 5535 GIANT HIGHWAY RICHMOND,CALIF. 94806 On or about April 6, 1994, I was visited by Ms. Suzanne J. Chapot and informed that she had been assigned as my attorney. At that time I indicated to Ms . Chapot that there were several witna66eb that I needed her to make contact with, that were essential to my case, and that these individuals testimony could exonerate me of the charges brought against me. She informed me that she would have an investigator from the Public Defenders Office visit me within a two day period to compile a list of witnesses that I requested to be contacted. Approximately two ( 2 ) weeks elapsed before Ms. Chapot visited me again. When questioned why I had not been visited by investigator Ms . Chapot simply stated that she had totally forgotten. I explained to Ms . Chapot that it was imperative that these persons be contacted as soon as possible. She assured me that she would take care of the matter right away. Again another two ( 2 ) - three ( 3 ) weeks passed and absolutely on results. I informed Ms. Chapot that I was informed by persons. living in the apartment complex (where arrest was made) that two ( 2 ) of the witnesses that I had previously requested to be contacted for needed testimony have since moved from complex and left no forwarding address. Ms. Chapot stated that she did not see this as being a potential problem and that she would have the investigator some how locate these individuals . On or about the 19th, of June 1994, I was visited by a Ms . Jan Roberts and she introduced herself as an investigator assigned from the Public Defenders Office. I spoke with Ms. Roberts for approximately 30 minutes, giving her a list of individuals who I felt needed to be immediately contacted and informed that their testimony would be required for my defense. There were approximately ten ( 10 ) - twelve ( 12 ) names given to Ms . Roberts on this date (June 19, 1994 ) . I received first incomplete investigative report on or about July 25, 1994 from Ms. Chapot, indicating that Ms. Roberts ( Investigator) had spoken with Postal Supervisor (report did not indicate name) on (June 24, 1994 ) regarding postal carrier (Witness #1) who worked route of arrest (March 25, 1994) , and was told that the employee no longer worked as a postal employee. On June 27, 1994 Ms. Roberts contacted the personal department at Antioch Post Office and informed that the postal worker was in fact still an employee at that office. Ms. Roberts report indicated that she would make contact with this person within the next forty-eight hours. As of this date October 17,1994 persons have yet to be contacted. A June 24. 1994 investigative report submitted by Ms. Roberts indicated that two of the witnesses requested are no- Ionizer living in the apartment complex located at 20Q5 San Jose Drive. and that one (1) of the two witnesses has since moved to Guadalajara, On July 25, 1994 I also received a report from Ms. Chapot regarding a forth (4) witness a Ms , Theresa Spinelli a Bank Of The West Employee (Financial Service Officer) located at 2900 Railroad Ave. Pittsburg, Calif. Report indicated that Ms. Spinelli has since resigned from her position at Bank Of the West . and there is no information on her whereabouts. Ms. Suzanne Chapot informed me on July 28.1994 that a DMV check was ran on Ms. Spinelli and that printout indicated that she was not in the computer. As a result of delayed and incomplete investigative work, which took approximately (ninety (90) day's from time of initial request) such delay made it impossible to have witnesses subpoenaed, and or, to have sworn affidavits available for my defense. Ms. Chapot's failure to promptly contact investigator as requested resulted in the above. It should also be noted that Ms. Roberts has failed to contact three other witnesses that were submitted to her in my origin 1 request. Ms. Suzanne J. Chapot has also & "REFUSED" to requested Motions in my behalf, which in my opinion were vital to my defense. Motions include the following: MOTION FOR FINGERPRINT ANALYSIS MOTION FOR LINE-UP MOTION FOR DISCOVERY MARSDEN MOTION (Filed in own behalf on August 1.1994) Reauest was denied. by Judge Patsev. Ms. Chapot removed herself from case the following day, and assigned new representation, (August 2.1994) . I also requested to have copy of Marsden Motion Transcript on August 1, 1994, and was told by Ms. Chapot that I did not have the right to said transcript, because the hearing was held in close session and that transcript were SEALED. I later learned that I was intentionally mis-led concerning this request. MS. CHAPOT HAS MADE ABSOLUTELY NO EFFORT TOWARDS LOCATING EYE WITNESSES IN AN EXPEDIENT MANNER THUS RESULTING IN CRITICAL WITNESSES BEING UNOBTAINABLE FOR MY DEFENSE. MS CHAPOT HAS MADE NO SERIOUS ATTEMPT TOWARDS PROVIDING ME WITH LEGAL DEFENSE THAT WOULD AID IN MY BEING VINDICATED OF THE CHARGES MADE AGAINST ME. MS. CHAPOT'S SEEMED UNCONCERNED WITH ESTABLISHING THE FACTS AS PRESENTED TO HER BY THE DEFENDANT. THIS SEEMING TOTAL LACK OF CONCERN WITH THE TRUE FACTS OF THE CASE AS PRESENTED TO HER INDICATE HMLACK OF INTEREST IN SERVING JUSTICE TO IT'S PROPER CONCLUSION IN THIS CASE. APPENDIX. 1 PG. 2 CLAIM BOARD Of SUPERVISORS Of CONTRA COSTA COUNTY, CALIFORNIA. December �, 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 Code Amount: Exceeds $10,000.00 Section 913 and 915.4. Please not# all07 •yWgrni,ngs .lZ E CLAIMANT: Ken Cunha lbfy�` •1t}�� ATTORNEY: David Keller Legal Assistant Date received MAwTINEZCAuFL ADDRESS: 1941 Jackson St. , BY DELIVERY TO CLERK ON November 7� 1994 Oakland, CA 94612- BY MAIL POSTMARKED: Hand Del ivered 1. FROM: Clerk of the board of Supervisors To: County Counsel Attached is a copy of the abovt•noted claim. IL ATCMELDR, Clerk DATED: November 8. 1994 �q: puty 411,� JI. 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 art to notifying , claimant. The Board cannot act for IS days (Section 910.8). C-). 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 111. FROM: Clerk of tht Board To: County Counsel (1) County Administrator (2) I ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous watt of the Supervisors present (V ) This Claim is rejected in full. t Other: I certify that this is a true and correct Copy of the board's Order "tered in its minutes for this date. Dated: DEC 61994 PHIL BATCHELOR. clerk, By �� � . Deputy clerk YARNING (Gov. code section 913) k*Jtct to certain exceptions, you have only six (6) months from the date this notict Has personally served or posited in the mail to file a court action on this claim. fee Government Code Section 046.6. fou may seek the advice of an attorney of your choice in Conntctton With this matter. If you want to consult kA attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT Of MAILING i declare under penalty of perjury that I as now, and at all times herein mentioned, have been a Citizen of the fiited Stotts, over age 18: and that today I deposited to the united States postal Sarvice in Martine:, :alifcrnia. postage fully prepaid a Certified Copy of this Board Order and Notice to Claimants addressed to the Claimant as shown above. fated: DEC 71994 By. PHIL BATCHELOR by\1 . OA ty Clerk CC: bounty Counsel County Administrator C4 moo •, .0 N t r'• Ul '9 /10000�Aifq b x X. o Ul WRQ+ s o t~ $ A a ' y. RECEIVED NOV 81994 CLAIM AGAINST PUBLIC -ENTITY CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Name of Public Entity: County of Contra Costa Name and Address of Claimant: Ken Cunha, 212 S. 33rd St. , Richmond, CA, 94804 ' Send Notices To Law Offices, Attn: David Keller, legal assistant, 1941 Jackson St. , Oakland, CA 94612, 444-4464 Place and Date of Occurrence:. May 5, 1994 .at or near the intersection of Stone Valley Rd. and Monte Sereno Dr. in or- near Danville, CA. Circumstances of Occurrence:. There,was a one vehicle accident involving .Mr. Cunha's truck, a power cable, and a traffic signal.. The power cable hit the truck as the truck drove down Stone..Val.ley Rd. , causing damage to -the truckfand passenger, and pulling the traffic signalinto t'he. truck. The events of this incident are still being investigated. Description of .Damagez Serious personal injury, medical and other associated and incidental expenses, lost wages, and property damage. Total Amount Claimed.-, In excess of !Q000; jurisdiction in Municipal Count. Breakdown of Amount Claimed: General and special damages. Date: Signed: , Ken, CiYhha, Claimant RECEIVE® 41-4 L -Nov - 7 1994 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. CLAIM AGAINST PUBLIC ENTITY Name of Public Entity:, County' of Contra Costa Name and Address of Claimant: Ken �Cunha, 212 S. 33rd St. , Richmond, CA, 94804 Send Notices To Law Offices, Attn: David, Keller, legal assistant, 1941 sacks.jn St., Oakland, CA 94612, 444-4464 Place and Date of Occurrence.. May 5,: 1994 at or near the intersection . of.,Stone:Valley Rd. and Monte Sereno Dr. IM or= near Danville, CA. Circumstances of Occurrence. There was a one vehicle accident involving 'Mr. `Cunha's truck, a power cable, and' a traffic signal.• The power cable hat the' truck- a's the truck drove down Stone.,Valley`Rd. ,- causing damage to the truck,and ,passenger, and pulling the "traffic signalinto `the' truck. The events of this' incident are still being. investigated. Description of .painage. Sep":ous `personal in jury, medical and other ` associated;:and incidental expenses, lost wages, and property damage. Total AmouAt Cl4imed. In excess of '$1Q000; jurisdiction in Municia9„' C6urt, 'Breakdown of Amount Claimed-:` , eAersal .and special, damages. Date ,' .Signed Ken .SignedKen Cuhha, Claimant onr, ., 4n a. N :a* ra• - e�' .a' QQ 00 til '''�� � y�9 v7�Ng•1� ✓' Q t Z .ss��` Op v pA** vys pA AA AAAA v LAW OFFICES JAMES M. ROGERS JAMES M.ROGERS 1941 Jackson Street Tel. (510)444-4464 JUDITH W.MARSH Oakland, California 94612 Dec. 14, 1994 RECEI ED OEG 151994 . Contra Costa County CLERK BOARD OF STCO.SOBS Clerk of the Board CONTRA COSTA A CO. 651 Pine St. , #106 Martinez, CA 94553 City of. Danville 510 La Gonda Way Danville, CA 94526-1740 Ken Cunha 212 S. 33rd Richmond, CA 94804 TO WHO IT MAY CONCERN: This letter will confirm that the Law Offices of James M. Rogers is no longer representing the Mt. Ken Cunha. This letter will also confirm that this office does not have any lien on this .case. Mr. Cuhha has been advised that his claim was rejected by both the County of Contra Costa and the City- of Danville on Dec. 6, 1994. : He has also been advised, by copy of this letter, that he must file against both County of Contra Costa and City of Danville by May 6, 1995. Very truly yours, David Keller legal assistant r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA "" December 6, 1994 laim Against the County, or District governed by) BOARD ACTION he Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT nd Board Action. Ail Section references are to ) The Copy of this document ni/ed to you i& your notice -of ,alifornia Government Codes. ) the action taken On your Claim by the Board of Supervisors (Paragraph Iv below), given pursuant to Goverment Code mount: $150,000.00 Section 913 and 915.4. Please note all •iprnings". :LAIMANT: Irene Crane ►TTO*HEY; Thomas P. Greerty Attorney at Law Date received IDDRESS: '706 Ferry Street BY DELIVERY TO CLERKNo-vember .19944 Martinez, CA 94553 BY NAIL POSTMARKED:and Delivered- - I. FROM: Clerk of the Bard of Supervisors TO: County Counsel Attached it a Copy Of the above-noted claim. 11J1. ATCMELOR. Clerk DATED November 4. 1994 .�.. . �puty�_ 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (Ve This claim COWlies 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 1S days (Section 910.6). n*' { ,. t Claim is not timely filed. The Clerk should return Claim on ground that it was filed late and tend warning of Claimant's right to apply for leave to present a late Claim (Section 911.3). Other: Dated: _�� ��r 1q(4 By. Deputy County Counsel 11. FRDM: Clerk of the Board 70: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to clainfit (Section 011.3). V. BOARD ORDER: By unanimous vote of the Supervisors present {✓) This Claim is refected is full. ^ { ) Other: I certify that this is a true and Correct copy of the Bard's Order entered In Its s�nutet for this date. j DEC 1994 Dated: PHIL BATCHELOR, Clerk, By ( � Al Deputy Clerk '+ bject to certain exception!. YARNING (Gov. code section 913) you have only Biz (6) months fres+ the date this notice was persOnally served or Posited in the aril to file a court actio++ on this tia��n. ate GOverneent Code SOCtion 045.6. u may seek the advice Of an attorney of your choice in CDnnection With this setter. If you ant to Consult attorney, you should do so taexediately. *For additional warning tet reverse side of this notice. AFFIDAVIT OF NAILING leclart under penalty of perjury that 1 as now, and at all timet herein sentioned, have been a Citizen of the ,ted States. over ape 1B; and that today I deposited to the united State& Postal Service !n Martiner, j lifornia. postage fully prepaid a certified copy of this Board Order and Notice to Clata»nt, addressed to c Claimant at shorn above. ' IT: PHIL BATCHILOR by a;QDeputy Clerk �++nty Cauntel County Administrator 130ARD 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- sonalert ro p p y or growing crops and which accrue on or before December 31, 19879 must'be. presented not later than the 100th day after the accrual of the cause of aeti6h& '' Claims relating to causes of action for death or for injury to pers6n or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than pix 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 its office'in Room 1069 County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D• If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code See. 72 at the end of this m. � IF * N IF N * IE � IF # * !t * p IF N �F N It * * � � * iF � * * * � * � �• * � � 1F IF'N:IF. M *.• . RM Claim By ) Reserved for Clerk's filing stamp IRENE CRANE RECEIVED ga ns he County of Contra Costa ) __ Nov or . ) District) CLERK BOARD OF SUPERVISORS .. F 1 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 $ 1r,n., nno nn and in support of this claim represents as follows: ..w.rr----------------r—r-------rrr---r--------------------r--..—r----------.ter—r--r—r—r 1. When did the damage or injury occur? (Give exact date and hour) 9/9/94 noon_ (choking) t 9/13/94 - taken off life support yYY.�rrr i—r------------rr---r—r-----rr------rr—r----------r----r—r----..r..—rr---.ter 2. Whera did the damage or injury occur? (Include city and county) Emma Simmons Board & Care Home, 151 Marigold, Hercules, CA Doctor' s Hospital, Pinole, CA Il.,r�i�r—i►ir-- ---:. ---------------r---------o.-------.�--r------------------------------ 3• How did the damage or injury occur? (Give full details; use extra paper if required) Le Roy Johnson, nephew of Claimant, IRENE CRANE, under. the j care of the.' County of Contra Costa in the Board and Care,, Home of Emma. .,,,.,.. .. Simmons,, choked on a: peanut butter sandwich and subseqquently died.. . ,,, This occurred 'after the County and the Board & Care home knew of the decedent's ea.Lirig h ].t..Gatzd�. .70u_V�h7.Gh..zegu]xed �i �r3g..+------------------------------------------- . 4., What particular act or omission on the part of county or district officers, f . servants or employees caused the Injury or damage? ' Cxounty of Contra Costa, David Green, Social Worker for Le ,Roy.:.. :. Johnson, and Emma Simmons, owner of the Board and Care Home, had knowledge of Le Roy Johnson' s eatingc� problem and failed to take due care.,to prevent his death, Contra Costa County placed the decedent in a home which was inadequate to care for is ating disorder. goverej 5. 'What are the names of county or district officers, servants or employees eau61ng , the damage or injury? The County' of Contra Costa; David Green, Emma ' Simmons, r-.i..r..ryYr►rrr-�irr-r----r---r-rr-r------..-----r--r---rrrr.�rrr..rrrrrrrrrrrrr.�rrrrrrrrr 6. What damage or injuries do you claim resulted? (Give full extent of injuries .or ,damages claimed. Attach two estimates for auto damage. ,T.1r death of Claimant ' s nephew, Le Roy Johnson 4'ir�lYr/►i�rr.r��r-rrrrrrr-rr-r--re--r-- -..r--..-r-- -r---r---r..rr------rrr----rrr-r 7. How was the amount claimed above computed? (Include the estimated amount of any (•,prospective; injury or damage.) Loss of enjoyment, companionship, friendship, and familial relationship- ----------------- elationship.--r--------------rr--- S• Names and addresses of witnesses, doctors and hospitals. Board,:,and Care Home: Unknown Hospital: Dr. Sankary --r-�rrr----------- ------------------------------------------------------ ---------'-r-- 9. - List- the expenditures you made on account of this accident or injurys DATE ITEM AMOUNT Funeral expenses $5, 000 approx. * Gov. Code See. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO:''**,(Attorn6y.) or by some person on hi ehalf." game and ess of Attorney THOMAS P . GREERTY Attorney At 'L°aw Claimant's.:Signature 706 Ferry Street Martinez , CA 94553 Address Telephone,No. 51 0-3 7 0-8 4 0 0 Telephone No. N M IF N IF M # IF IF *.* * ! 1FI W.1 I V 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 ($10000), 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. f CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 6, 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 sailed 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. ®lease note all • CLAIMANT: Stephen Donald Engstrom N 0 V 1994 ATTORNEY: William H. Du BoisOU TINEZCALIFL The Ordway Building pate received ADDRESS: 1 Kaiser Plaza, Ste. 1750 BY DELIVERY TO CLERK ON November 8, 1994 Oakland, CA 94612 BY MAIL POSTMARKED: T.TnvarihFr 7 1 gQLL J. FROM: Clerk of the Bard of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. pVIL ATCMELOR, Clerk DATED: i le,} ,�e.�� /D ! 9 94 0 : �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 to notifying claimant. The Bard cannot act for IS days (Section 910.6). ( ) 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). I ) Other: Dated: 0 — 7 BY: Deputy County Counsel 111. 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. BOARDD 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 Boards Order entered .in its minutes for this ate. Dated: DEC b 61994 PHIL BATCHELOR, Clerk, By-(/,A 0 0",) . Deputy Clerk YARNING (Gov. code section 913) Walt to certain exceptions, you have only six (6) months from the ate this notice was personally served or UPosited in the mail to file a court action on this claim. See Goverment Code Section 94S.6. race say seek the advice of an attorney of your choice in connection 11ith this utter. If you want t0 consult In attorney, you should do so immeediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I as now, and at all times herein mentioned, have been a citizen of the ,Inited States, over age I$; and that today I deposited 1n the United States postal Service in Martinez, :alifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the -Claimant as shown above. Qp Dated:_ DEC „ 7 BY: PHIL BATCHELOR by "J, ( A_=J Deputy Clerk CC: County Counsel County Administrator -- LAW OFFICES WILLIAM H. DU Bois THE ORDWAY BUILDING 1 KAISER PLAZA,SUITE 1750 OAKLAND,CALIFORNIA 94612 1-800-994-2647 FAX 510-465-1932 (510)835-8005 November 7, 1994 CLAIM FOR DAMAGES Claim against: County of Contra Costa, Reserve Officer Haney (Badge # 44312), Sgt. John T. Rock (Badge #37929) and other unknown officers and agents of Contra Costa County Sheriffs Department c/o Contra Costa County Board of Supervisors Claimant's Name: STEPHEN DONALD ENGSTROM RECEIVED Claimant's Address: 272 Nancy Lane Pleasant Hill, CA 94523 NOV - 8 1994 Address to whichCLERK BOARD OF SUPERVISORS notices are to be sent: c/o Law Offices of William H. Dubois CONTRA COSTA CO. 1 Kaiser Plaza, Suite 1750 Oakland, CA 94612 Tel. (510) 835-8005, fax (510) 835-0540 Date of Incident: May 7, 1994 Location of Incident: Marsh Creek Road, an unicorporated area of Contra Costa County Description of Incident: Claimant was falsely arrested for violating PC 246.3 and was required to defend himself against these charges. Claimant suffered damages to his reputation and emotional distress due to the charges made against him all to his detriment, damages also include, attorneys fees, bail and other amoun r o d against these false accusations. Dated: / "fir �` 'KITG Attor ey r C inaint, Stephen Donald Engstrom O �tt coma h rr. �s. r ti ter►, .,+y At CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA December-6; 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT and Board Action. Ail 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: $1-50,000-00 Section 913 and 915.4. please note all *Warnings". CLAIMANT: Jesus Lorenzo Perez c/o Luz Perez ATTORNEY: H 0 V 8 ' 1994 Date received 9 vTY COUNSEL ADDRESS: 2800 Terrace Way #37 BY DELIVERY TO CLERK ON November 7, ,_Y,-..r1NEZ CALIF. Martinez, CA 94553 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the bard of Supervisors 'TO' County Counsel Attached is a copy of the above-noted claim. Oqpp Il ATCMELOR, Clerk DATED: November 8. 1994 : puty 11. FROM: County Counsel t0: 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 to notifying I 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: Deputy County Counsel 111. 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. WRDD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. . ( Other: I certify that this is a true and correct copy of the Board's Order entered in its ninutes for this date. D /� n Dated: DEC ' 6 1994 PHIL BATCHELOR, Clerk, By �J, l " r� �. �l Q,� Deputy Clerk YARNING (Gov. code section 913) Iubject to certain exceptions, you have only six (6) months from the ate this notice was personally served or deposited in the mail to file a court action on this claim. see Government Code Section 945.6. rau way seek the advice of an attorney of your choice in connection Kith this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all tines herein mentioned, have been a citizen of the ?sited States, ever age 18; and that today I deposited 1n the United States Postal Service in Martinez. :alifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to OW Claimant ai shownv1. Q /1 Sated: DEC BY: ►MIL BATCNELOR by �Q, . ��•_ V,4�_Otputy Clerk Ct: County Counsel - - County Administrator _ t CLAIM AGAINST THE HOUSING AUTHORITY OF CONTRA COSTA AND ITS AGENTS AND EMPLOYEES LUZ PEREZ.- hereby presents a claim for damages against the HOUSING AUTHORITY OF CONTRA COSTA COUNTY and its agents and employees on behalf of her son, JESUS LORENZO PEREZ, a Minor. ADDRESS OF CLAIMANT: 2800 Terrace Way #37 Martinez, CA 94553 RECEIVED ADDRESS TO WHICH NOTICES SHOULD BE SENT: Jesus Lorenzo Perez NOV - 7M ], c/o Luz Perez S, 2800 Terrace Way #37 CLERK BOARD OFSUPERVISORS Martinez, CA 94553 CONTRA COSTA CO. DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: Claimant is a member of a family residing in an apartment at the housing project located at 2800 Terrace Way in Martinez, which project is administered by the Housing Authority of Contra Costa County. On or about June 2, 1994, Claimant JESUS LORENZO PEREZ, a minor, was playing in and around a truck registered to the Housing Authority of Contra Costa County with some of his friends. An employee of the Housing authority, known as "Dave, " was engaged in unloading and preparing a piece of equipment which was being loaned to the family for use in their garden. Apparently upset that these children were playing on the back of the truck, although on prior similar occasions he had no objections, "Dave" came up and took from Claimant an ax handle that the boy had found in a bucket and was using as a play sword, and began hitting Claimant with it. The multiple blows were directed at Claimant's right leg near the knee. Claimant managed to take the axe handle from. "Dave, " and struck him with it once, then ran away. "Dave" chased and caught him, threw him to the ground onto cement and sat on Claimant while striking him in the head with the same axe handle he had again ' taken from Claimant. Claimant started crying and "Dave" let him go, dropping the axe handle. Claimant got up and threw a clump of dirt at "Dave, " hitting him in the leg. "Dave" again chased and caught Claimant, throwing him to the ground again and again striking him in the head with the axe handle which he had picked up from the ground. PARTIES RESPONSIBLE: Housing Authority of Contra Costa County; employee Dave (last name unknown) and other unknown agents and employees of the Housing Authority of Contra Costa County. AMOUNT OF CLAIM: $50, 000. 00 as compensatory damages as to L^ "Dave" and the Contra Costa Housing Authority. $100, 000. 00 in punitive damages as to "Dave. " GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPUTATION OF DAMAGES: As a direct result of the misconduct of the responsibles herein, Claimant has suffered_ extreme and severe personal injury, , mental anguish, headaches, anxiety, mental and emotional distress, depression, public embarrassment and humiliation. As a further direct result of the acts and omissions complained of herein, Claimant has incurred medical expenses in an amount not yet fully ascertained as of this writing. Compensatory damages are computed on the basis of the amount it would take to adequately compensate Claimant for the pain and suffering caused . as a result of the responsibles' conduct, as aforesaid. These damages are also computed on the basis of the amount of expenses incurred for medical care required as a result of the injuries sustained by Claimant. Punitive damages are based upon the wanton and reckless intentional conduct of the employee "Dave, " to be assessed as a deterrent to similar misconduct, to make an example of "Dave, " and to punish "Dave" for this egregious conduct. Dated: November ': , 1994 LV2 PEPOZ, Parent and Guar ' an of JESUS LORENZO PEREZ, a Minor CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 6, 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 railed 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 Goverment Code AMOunt: $ Unknown Section 913 and 925.4. Please note all eW&rnings". CLAIMANT: SMITH, Christopher , AT70ANEY: J. Michael Mahin, Esq Law Office of J. Michael Mahin DiLe received ccu,llln'y :.J,SEL ADDRESS: 1375 Creekside Drive BY DELIVERY TO CLERK ON October 177 TRS%94' %AL1F. Walnut Creek, CA 94596 BY MAIL POSTMARKED. October 26, 1994 Cert. Mail J. FROM: Clerk of the Bard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p Il ATCMELDR. Clerk DATED: ^l P Pi e.�� �7 /�I�I !�: �puty 11. .FROM:: County Counsel 10: 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 to notifying claiwAnt. 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: b '2 Br: I—'��" Deputy County Counsel 111. FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to clairant (Section 911.3). 3V. BOARD ORDER: By unaniMous vote of the Supervisors present (/This Claim is rejected in full. ( ) Other: I certify that this is a true and cornct copy of the Boards Order entered in its Minutes for this date. 0 /� Oated:_�,�r� r a q _PHIL 9ATCMELOR, Clerk, By_�(� l vn Q�� Deputy Clerk YARNING (Gov. code section 913) subject to certain exceptions, you have Only xis (6) months from the date this notice las personally served or deposited in the mail to file a court action on this claim. see Goverment Code Section 946.6. row wily seek the advice of an attorney Of your choice in connection slith this atter. If you want to consult I" attorney, you should do so inaediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I to now, and at all times herein sentioned, Nave been a citi=en of the united States, over age 18; and that today I deposited in the United States Postal Service in Martinet. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimants addressed to chw claixmnt as shown above. / Dated:_ DEC 7 1qq 4_ BY: PHIL BATCHELOR by �A � . Qom-� Deputy Clerk CC: Lounty counsel County Administrator in- IrO.; _ _ _ _ 1 9� jai__ � =m 0 � aLn `••4 . v. .,r H ``7 Ln > OH "r r PW., r� L� r� �DE1PU i to cn cn O OUZW rr4� H 2 ...� m Ii Pa H t"1 a E4 H .-i �.. OOLn r i ,n Q it Ir ti EL 0 U Z -VI W m Q .w03 > ac `i E-..a, R N Q.J-a z.o Q �- W to a w W u m (A z z W Y T r = a u w VLLN a n u Z CL m z 3 J. MICHAEL MAHIN AND ASSOCIATES RECEIVE® A PROFESSIONAL CORPORATION ATTORNEY AT LAW 1375 CREEKSIDE DRIVE OCT ^ T M WALNUT CREEK,CALIFORNIA 94596 L (510) 938-6920 CLERK BOARD OF SUPERVISORS GOVERNMENT CLAIM CONTRA COSTA CO. BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 Pine Street, Room 106 Martinez, CA 94553 Dear Sir or Madam: The following claim is submitted pursuant to Government Code Section 910. 1. Claimant 's name and address: Christopher Smith c/o Law Office of J. Michael Mahin 1375 Creekside Drive Walnut Creek, CA 94596 (510) 938-6920 2 . Send Notices To: J._MichaelMahin, Esq. Law 'Office of J. Michael Mahin 1375 Creekside' Drive Walnut Creek, CA 94596 3 . The Occurrence: a. • . Date: July 13 , 1994 b. Place: 50 Douglas Drive, Martinez, CA C. Circumstances: ' Christopher Smith's body was stabbed in the entrance of said building. The defendant, County of Contra Costa Probation Department and the County of Contra Costa, had no security devices or Security Guards in said building to protect the plaintiff herein from being stabbed. There was a complete lack of security guards, television videos, or any other security devices in said building. The plaintiff, Mr. Smith, intends to insert all possible causes of.., -actions and- theories..-- arising out of the above circumstances,; including but not limited to maintenance of a dangerous condition of public property, negligence in the design, or upkeep of the property in general and in particular the lack of any security measures in protecting people who would enter said building; also negligence in the hiring of contractors and delegation or attempted delegation of responsibilities regarding maintenance and upkeep of the property including lack of security measures; and failure to warn. 4 . General description of indebtedness, obligation, injury, damage or loss: Mr. Smith received numerous stab wounds to his body. In addition, the nerves in one of his hands was severely damaged. Mr. Smith is still being treated at Kaiser Hospital. He was originally taken to John Muir Medical Center where he incurred bills in excess of $25, 000. 00. The Kaiser medical bills are unknown at this time. He has not been able to work since the accident due to the injuries and has sustained pain and suffering to his nervous system and general well being. 5 . Names of government employee(s) causing the loss: It is unknown who was responsible for the maintenance and arranging for security in said building at this time. 6. Amount claimed: Amount claimed would fall within the jurisdicti f the Superior Court. Dated: EL MAHIN •`torney for Claimant 1 2 • • - J Dv CLAIM D-7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 6, 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 sailed 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 Goverweent Code Amount: Unmown Section 913 and 915.4. Please note ail •W rn:ings" CLAIMANT: Hugh E. Watkins 0 ATTORNEY: Nov 8 - 1994 Date received COuM CouNSEL ADDRESS: 2552 Morello Hgts. Cir. BY DELIVERY TO CLERK ON November 7, 199+ �oALJp Martinez, CA 94553 BY NAIL POSTMARKED: November 5, 1994 3. FROM: Clerk of the Bard of Supervisors t TO: County Counsel/ Attached is a copy of the above noted claim. A DATED• November 8, 1994 dqJL T : deputCNELDR. Clerk 31. FROM: County Counsel 70: 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 Bard cannot act for 1S days (Section 910.6). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: y BY. Deputy County Counsel Ill. FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2) I Claim was returned as untimely with notice to claisant (Section 911.3). IV. SOARDZORDER: By unanimous vote of the Supervisors present (✓ ) This Claim is rejected in full. ( Other: I certify that this is a true and correct Copy of the Board's Order entered In its winates for this ate.. W11- 6199 _ Q C Daed: DECPHIL BATCMELDR. Clerk. By �Q. A A �A�� Deputy Clerk YARNING (Gov. code section 913) �ubjett to certain exceptions, you have only six (6) months frW the ate this notice ass personally Served or Jrposited in the mil to file a court action On this Claim. see Government Code Section 945.6. 'ou say seek the advice of an attorney of your choice in tonnection With this utter. If you went to consult A attorney. you Should do so immediately, *For additional warning see reverse side of this notice. AFFIDAVIT OF NAILING declare under penalty of perjury that I an now, and at all times herein mentioned, have been a citizen of the nittd States, over age 18; and that today I deposited 1n the united States Postal Service in wrtinet. I alifornia. postage fully prepaid a certified Copy of this Board Order and Notice to Claimant, addressed to he clain"t as shown above. Sted: DEC 71994 BY: PHIL BATCHELOR byputy Clerk C: tounty Counsel County Administrator I i r g46 VP o 'd' o. LL ` cn Ln vo r 'N f �O _ C ::GCM to Ln ! z H t Cia to: BOAP.D OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT' A. Claia 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 bejfiled 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 a RECEIVED : I ) Against the County of Contra Costa ) NOV 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 $ dG� GtJ1NsMrCcp and in support of this claim represents as follows: -- �� - 1. When did the d' e or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) I G rQ UIQ. _ . ' Z 2 DD 3. How did the !aU or injury occur? (Give full details; use extra paper if required) LOA �1�Du>[=IZC�� w /Tg F/�f71L`/ e-11y 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? `,oq Y C rAJG z_ 7/ covey i t meati r 1Zt 'Bv i E 2:) T6 ;over) �. wnat are the names of county or district officers, servants or employees causing the da::age orn jury? (f© �o �ovn�r� �aiab � • --------------------------_--_ -- ----- ------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. .How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ---------------_ ..�..-- _-__--------------------------- $. Names and addresses of witnesses, doctors and hospitals.. /V©/V L' -------------------------------__ ----------_--------__-- ---------- 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: (Attorney) or by ppme Person on is behalf." Name and Address of Attorney Claimant's Signature S C C_ C 5 i� (Address) Telephone No. 'Telephone No. -S :z Z S -/ ,5 # # # # # # # # # # # # # * 71 1 1 W W I W N N # # # ;. -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, .author-ized -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 iriprisommnt and fine. ADDENDUM..TO THE CLAIM OF 1-104 /4 WA -7-/< / Q4 (Print -your full name) A , ( 1) 'Do you use the roadway as part of a•..dai•ly commute? Yes ( tom ) No ( ) ( 2) Wer�_. you aware that construction would be commencing on the roadway? Yes _.( No ( 3 ) Was an alternate route available? Yes { ) No ( V/) (4) Did you read about the impending .resurfacing in the local newspaper? Yes ( ) No ( 5) Did you see warning signs advisi_ng...of loose_.gravel and a 25 mile pet-hour-advisory sign? f : ..__._ Yes { ✓J No ( ) ( 6) Didithe damage result from another vehicle exceeding the 25 -mile per hour 'advisory? ""' _ Yes (.. _ ) - No P) Did a vehicle traveling in the same direction and..exceeding - -the- 25 mile per hour advisory sign attempt to pass you? Yes ( ) No ( 8) Did a vehicle coming from the opposite direction cause gravel to be thrown .onto your car? Yes ( ►/11" No ( ) (9) Was the vehicle located directly in front of you exceeding the speed advisory? Yes ( ) No ( ✓ ) ( 1.0) Did you travel the roadway more than once during the resur,facing .prior to the damage sustained to your car? Yes ( ) No ( y/� ( 11) Did you obtain the identity of the car relating to questions .-6 .:thr-u 9? Yes ( ) No If yes, .please provide identification below: ( 12) Please describe in your own words how the gravel caused damage to your vehicle and the angle the gravel was thrown onto the. car,'. -along with the specific damaged parts on your vehicle. ( 13) Were you aware that using the road during the chip seal process might result in damage to your car? .Yes ( ) No I declare that the above information is true and correct under the penalty of perjury. ( Signature) (Date) INVOICE GlAssUNIMTEd ❑ COMMERCIAL—New or Replacement—Store Fronts•Custom Glass •Showrooms• Plate Glass•Safety Glass•Entry Doors•Skylights COMMERCIAL • RESIDENTIAL • VEHICLE ❑ RESIDENTIAL—New or Replacement--Window Glass•Insulated Glass •Table Tops•Bath Enclosures•Mirrors•Mirrored Doors&Walls COMPLETE GLASS SERVICE •Patio Doors•Greenhouse Windows•Screens&Rescreening 1093 SITAR CIRCLE CONCORd CA 94518 �HICLE—Mobile or Drive-in Service—All Classic,Custom,Domestic,& y Foreign Autos•Trucks•RV's•Marine•Construction Equipment (510) 798.5951 AME <� .. ! TEIFF11)Nk .. :. is DA77i.. f .r J I ..!.�— STRss s : : ESTIMATE nn , ............. Cf {' C [1j:;: ✓ ❑ WORK ORDER SPECIAL INSTRUCTIONS CROSS STREET/DIRECMNS INSURANCE CLAIM CASH ❑ CHECK ❑ C.O.D. ❑ POLICY NUMBER AGENT/BROKER TELEPHONE NO. CLADQPURC RASE ORDER NO. INSURANCE CO. VERIFIED BY YEAR MAKE MODEL / � -50 VEHICLE SERIAL M VEHICLE LIC.# ADDRESS QTY. SIZE/PART NO. DLSCRIPTION LABOR NET MATERIAL / CIS& /'S-00 / TOTAL MATERIAL 7 CC// GLASS UNL.B&=is authorized to perf'onn the above wo& SIGNATURE DATE SALES TAX LABOR S IauthorimMYINSURANCE COMPANYtomakepaymenttoGLASS UNLIMITED.Shall part or all oftheloss not be covered by insurance, I guarantee payment upon receipt of invoice. . TOTAL DUE SIGNATURE DATE LESS DEDUCTIBLE A SERVICE CHARGE OF ITfi%PER MONTH(I8%PER ANNUM)WELL BE MADE ON ALL BALANCES UNPAID AFTER 30 DAYS. BAT t1TVCR Fd ZFZFZUF Y&F //////11ALIMOLASS at 5PEEOY we care WWVf)p)JfA MWOr; # Fars t x-141-4:if3 _a307 CONTRACTOR LICENSE # STATE SALES TAX # QGCOUNTAEiENT P.UROHASE DATE �, � vR € N II•.P$ ).„ -IL- NOs: NO.: 0Fi4ER NO. CUSTOMER STATE TAX OR EXEMPT NO. CUSTOMER FEDERAL TAX I.D.NO. SOURCE SALESMAN I.D. ORDER TAKEN BY INSTALLED BY FEDERAL TAX I.D.N0. BILL TO: SOLD TO: HUGH W 114181 ISI PROOFINSURANCE OF • INSURANCE CO. POLICY NO. INSURANCE CO. PHONE NO. CLAIM NO. CAUSE& " POLICY NAME LOSS LOCATION AGENT NAME VERIFIED BY. AGENT PHONE DATE OF LOSS DEDUCTIBLE Rtee VEHICLE INFORMATION NAME YEAR DOQRS ODOMETER LICENSE VEHICLE f.0. NO, .. Qt y air 1.o" or A .... I l$l Id IjY•'°e la n ..t t f e 9P. V b IlA W/Uam 1:5s ,.:t -y, 4.5€:)� z) t :7f t7:1 4- fdcr •If•�••��•th•fft�°?r'€f•�•ti••�<�•e••�•.I£,a,�.�..py.�.�,;f,,#ir�3�'�'&•^tk.�•ts•�••a�•.�•�c•.�••�F•1f••i'c�?'^•��•fs:�•IF+Sf•-?i••�€•'s�•• •y 'ri••�*..I�•if.'�3�"•-33•.}I.•�•�,^f{•,�,�..�..it..�•ii•�•�i•#•3&•I've•�•r'r T H I S 1 9 N 0 T A R E Q I`::` 7 . P T. to 0 N 0 T P A Y. � x•��•u,-�t••�••��f-a^�•�•af••�•�•�a���•:€�s�,�•:n• �€�•�?��••���•��•��•�••ts•'•;�•�•Ia•�r��a�•�•��a••��•��••s�•�•�•� •����•�•��••�••�••�••���:���••�••n••��••�•�•-�•�• WORK AUTHORIZATION I hereby authorize the above work to be done together with the necessary material, but request that you contact me if the cost of the services exceed the amount reflected on this invoice. STATE OF WINDSHIELD ❑ NOT REPAIRABLE/REPLACEMENT NECESSARY ❑ REPAIR TRIED AND REFUSED BY: ❑ DAMAGE IN CRITICAL SIGHT AREA ❑ OWNER ❑ THE REPAIRMAN ❑ REPAIRABLE— REFUSED BY OWNER AUTHORIZATION TO PAY I hereby authorize and empower the above-named insurance company to pay this invoice in full settlement,satisfaction and discharge of all loss under the above policy. Upon such payment,all rights I may have for claim and demand for loss and damage described above against the above namedn 60 insurance company shall be thereby forever discharged. In the event that the above named insurance s�• t��a1 x' 3 41. company does not make timely and/or full payment of this invoice according to its terms, I hereby accept " 4'5�•P? T 1 " responsibility for such payment and agree to pay all charges reflected on this invoice to Speedy Auto Glass subject to and according to all terms and conditions on the reverse side of this invoice. . TERMS cr) • l �'i 1e1 TERMS: NET 30 DAYS,SERVICE CHARGE OF 1�h%PER MONTH(18%PER ANNUM)WILL BE CHARGED ON OVERDUE ACCOUNTS. • �^ TRANSACTION IS SUBJECT TO TERMS AND CONDITIONS ON REVERSE SIDE FROM ACT ION GLASS 51@-6L;7-g000 PHONE NO. Pot AUTON ADMINSTRAIIVE OFFICE ---�- - 1301 R AALAXY WAY CONCORD.CA 94520 Jam)578 gorio C1%A fa t @ 11--9 4 (31 U E3'T E. 71�1TOMF1i TgTr TM1X Oj F(CMV4 N4. 41J91GNL(I t'tCtER!+L IAX I.J.mi), 904.07„� an�t�Mkn l.tJ.' 4R!}t9iru;Lwm iwtsntu.0 BY FFDEI;gt i4,.I.C�Nf) BILL Tt): SOLO Tn: j WATKINS, HUSH { { WkttFAX 510-686-1550 INSURANCE CQ., e t' UCY N0 N9l1fiANGE qp. ( PHONIC NO. _ CLAIM NO. j MU A POLICY NAME __ _. _. _ LO.55 LUCATION AGENT NAME _ VERIFIEL)5Y 1�r {Ar,Ct4T F'HONt .� BATE OF Lf3v>`. ..` .._.._ `.._.`. nEOUGTIDLE Ford Truck �. _.. �� �. •� d' .,. _._._. _.. ":.irk -- ,..� __._._ ., �t Part Calor <y Kit Labor O.ist g®11 NRt� 9 1 Green/Blue ®.iib-1U W/Davi�5 I-Ir� 3v.i 4:36. it 1�4. 4� it-9. 4fa D 1 Wf 1 f Additional- Comewnts QUOTE ONLY u, Auto.q Homes; o Stoves g „ ' � .',�'' �ri�,r. '•r�'.3, Iii •�'� P Yv'a'�t�i"" 6�P7 ti"�,• "6, � :r 'rf1 ' ,. r > ,.. - Frac'. MAIO service At TO FAY– — — S hnraby authorize and emp"or 0-above-named Insuiance company to pay tnr.invoice in full net)lament, tiiSfant«7n aryl di5dharge nr all kA w rmuer rho abnw)policy. Unon i;LIGh payrrwrit,all rignta I may t,r,va far dtlim and demand to,'"and&-%Ma68 dela n►d d0vo:+gainnt fhe ntxwo narne.'trsurame ttut)pany shalt be tho.oby subtotal 229. q futem cfecrurSed. In tho ovvnt that the OboVC naine.d ltmwmnuo oorty�any�Ipas not make tinely c'tnrflot TO 6.25% Tax 14.3 p,,yment N this ivvok'r?a0cormrig to it-,w.,%,I hwaby'lewot reKX0slupny tot auct,payn'snnt and agrde to p.ty x11 cnargv,mmwad on this involve to the ahavo r)amcx)alai:::aorn�rany!714"t to Linn aCCorving io ng to...u+and COitttitfOn,.u,�Snfr.Invoiuu. -- "—' Chock F.P-3 e TERMS NO Sri UY TettM& S.SFF+VIIit�I0HANCf O.F i tr2A t'+R MCIP TH(1801,PER AWIM)Witt BE,C��fiGtt D OfJ UVEADUt ACCs 1! t IIJT!5 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December-69` 1994 :lain, Against the County. or District governed Dy) BOARD ACTION the board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT Intl board Action. All Section references are to the copy of this document hailed to you if your notice of :atifornis Goverment Codes. 1 the action taken on your claim by the board of Supervisors (paragraph IV below), given pursuant to Goverment-Code bount: Unknown Section 913 and 916.4. Please note ail �grnings". xAIMANT:WALTON, Terry; WALTON, Natlie(a minor); WALTON, Noel (a minor) f C0UNYY CC,,Ui`Z—L. MORNEY:Steven C. Wolan, Esq. MAATINEZcAj F. Patton, Wolan. & Boxer gate received %DDRESS: by DELIVERY TO CLERK ON November 1. 1994 80 Grand Avenue, Ste. 600 Oakland, CA 94612 9Y MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the board of supervisors .-To: County Counsel_ Attached if a ropy Of the abovt•noted claim. DATED: 114 �pwtylOR. Clark 11. FROM: County Counsel TO: Clerk of the board of Supervisors ( his claim comlies 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 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' Gated: , 2-1 _ BY: y�--z..�,� j�� - Deputy County Counsel 11. FROh: Clerk of the foard TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to elalunt (Section 911.0. IV. BOARD ORDER: by unanimous vote of the Supervisors present (� This Claim is rejected in full. t Other: I certify that this is a true and correct copy of the Board's order entered in its eiratas for this date. 61994 D _. Dattd: DEC PHIL BATCHELOR, Clerk, 9y �J . �� , Q �o • Deputy Clerk YARNING (Gov. code section 913) object to certain exceptions, you have only six (6) Months from the date this erotica was personally served or iposittd In the nil to file a court action on this claim. fee Government Code Section 915.6. 'Du may seek the advice of an attorney of your choice in connection pith this utter. If you went to consult .n attorney, you should do so lowdiately. •For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING declare ander penalty of perjury that I as now, and at all times herein Mentioned, have been a citizen of the Inited States, over age 18; and that today I deposited to the United States Postal Service is Nortinsz, alifornia, postage fully prepaid a urtifisd copy Of this board Order and Notice to Claimant, addressed to he -claimant as sho.n above. Sttd: DEC , 7 1994 IT: PHIL BATCHELOR by� . � -��. Q ��a �- Deputy Clerk T: ZO&Mty Counsel County Administrator 1 1 ' 2 Steven C. Wolan, Esq. #56237 PATTON, WOLAN & BOXER DECEIVED 3 80 Grand Avenue, Suite 600 Oakland, California 94612 4 Telephone: (510) 987-7500 �IOV 1994 5 Attorney for Claimants, C�RKCONTRAO OS A CO�SOR 6 TERRY WALTON, NATALIE WALTON, and NOEL WALTON 7 8 CLAIM AGAINST COUNTY OF CONTRA COSTA FOR NEGLIGENCE 9 AND PERSONAL INJURY 10 11 TO: Clerk of the Board of Supervisors Contra Costa County 12 651 Pine Street 13 Martinez, CA 94553 (510) 646-2946 14 Pursuant to Government Code Section 910, claimants, by and through their attorneys, 15 PATTON, WOLAN & BOXER, present this claim for negligence and dangerous condition of 16 public property and personal injuries resulting therefrom. 17 1. Name of Claimant(s): 18 Terry Walton 970 San Miguel Road 19 Concord, CA 94518 20 Natalie Walton (Minor) 21 George Walton (Guardian) i 1620 Clinton Ave. 22 Alameda, CA 94501 23 Noel Walton (Minor) 24 George Walton (Guardian) 1620 Clinton Ave. 25 Alameda, CA 94501 26 27 i 28 i 1 2. Postal address to which notice to be sent: 2 Steven C. Wolan, Esq. 3 Patton,.Wolan & Boxer 80 Grand Ave. Ste 600 4 Oakland, CA 94612 5 3. Date and circumstance of occurrence: 6 On May 2, 1994 at 3:00 p.m., Terry Walton and her two daughters, Natalie and 7 Noel, were travelling in a 1989 Ford Arrowstar westbound on David Avenue in the City of Walnut Creek. Ms. Walton made a right turn on a green light at the intersection of David 8 and Bancroft, at which time she entered the northbound east or curb lane. After establishing 9 herself in this lane, she checked her rear view mirror to determine whether the lane immediately to her left was available for her to move into. When she looked in her rear view 10 mirror, she saw a 1989 Chevy Corsica, driven by Kevin Paul Bennett, travelling at a fast rate of speed in the eastbound curb lane northbound on Bancroft. At this point, Ms. Walton 11 attempted to avoid the impending collision by turning her vehicle to the right to afford additional room for the oncoming vehicle to change lanes to her left. Unfortunately, the Mr. 12 Bennett's vehicle was coming at such a high rate of speed and unable to avoid Walton's 13 vehicle. 14 Terry Walton was rushed by ambulance to John Muir Hospital. Her injuries included lacerations on her chin, nose and right eye. She had a fractured nose, severely bruised chest 15 and neck pains. Since the accident, she has had plastic surgery. 16 Natalie Walton, age 9 1/2, was rushed by ambulance to Children's Hospital. She 17 suffered a broken femur. She has had surgery to insert pins in her leg. She was hospitalize for 2-3 weeks and in traction for over four weeks. She is currently undergoing physical 18 therapy. 19 Noel Walton, age 7 1/2, was transferred to John Muir Hospital. She suffered a 20 bruised neck. 21 4. Claim: 22 Claimants are informed and believe that Bancroft Road is a heavily travelled through- 23 street with a 35 mph posted speed limit. The road narrows from 4 lanes to 2. There have 24 been numerous accidents. It is a unsafe intersection. Claimant also believes that the traffic lights of Minert and David at Bancroft, the speed limit and lane configurations substantially 25 contributed to the accident. Claimants are informed and believe that the traffic configurations, speed limit and the traffic signals failed to warn of a dangerous condition that 26 endangered the safe movement of traffic. Said failures and dangerous conditions would not 27 be reasonably apparent to or anticipated by a person exercising due care. Discovery is continuing. 28 1 2 5. Amount of Claim: 3 Because of the serious injuries suffered, the amount cannot be fully stated at this time. The total amount of this claim is well in excess of the jurisdictional minimum of the Superior 4 Court. The injuries to Ms. Walton and Natalie are of a permanent and residual nature. 5 6 7 8 November 1, 1994 �./ 64N WOLAN, ESQ. 9 10 11 12 I 13 i 14 15 16 17 I 18 i 19 20 21 22 23 24 25 26 i 27 C:\DOC\VKY\01313\0000\CLAIH.CWC 28 1 2 Steven C. Wolan, Esq. #56237 PATTON, WOLAN & BOXER 3 80 Grand Avenue, Suite 600 - RECEIVED Oakland, California 94612 4 Telephone: (510) 987-7500 NOV — 2 1994 5 Attorney for Claimants CLERK BOARD OF SUPERVISORS 6 TERRY WALTON, NATALIE WALTON, and CONTRA COSTA CO. NOEL WALTON 0,, 1- 7 8 CLAIM AGAINST COUNTY OF CONTRA COSTA FOR i*:EGLIGENCE 9 AND PERSONAL INJURY 10 11 TO: Clerk of the Board of Supervisors Contra Costa County 12 651 Pine Street 13 Martinez, CA 94553 (510) 646-290 14 � Pursuant to Government Code Section 910, claimants, by and through their attorneys, 15 PATTON, WOLAN & BOXER, present this claim for negligence and dangerous condition of public property and personal injuries resulting therefrom. 16 17 1. Name of Claimant(s): 18 ! Terry Walton 970 San Miguel Road 19 Concord, CA 94518 20 Natalie Walton (Minor) 21 George Walton (Guardian) 1620 Clinton Ave. - 22 Alameda, CA 94501 23 Noel Walton (Minor) 24 George Walton (Guardian) 1620 Clinton Ave. 25 Alameda, CA 94501 26 27 28 J 1 2. Postal address to which notice to be sent: 2 Steven C. Wolan, Esq. 3 Patton, Wolan & Boxer 80 Grand Ave. Ste 600 4 Oakland, CA 94612 5 3. Date and circumstance of occurrence: 6 On May 2, 1994 at 3:00 p.m., Terry Walton and her two daughters, Natalie and 7 Noel, were travelling in a 1989 Ford Arrowstar westbound on David Avenue in the City of Walnut Creek. Ms. Walton made a right turn on a green light at the intersection of David 8 and Bancroft, at which time she entered the northbound east or curb lane. After establishing 9 herself in this lane, she checked her rear view mirror to determine whether the lane immediately to her left was available for her to move into. When she looked in her rear view 10 mirror, she saw a 1989 Chevy Corsica, driven by Kevin Paul Bennett, travelling at a fast rate of speed in the eastbound curb lane northbound on Bancroft. At this point, Ms. Walton 11 attempted to avoid the impending collision by turning her vehicle to the right to afford additional room for the oncoming vehicle to change lanes to her left. Unfortunately, the Mr. 12 Bennett's vehicle was coming at such a high rate of speed and unable to avoid Walton's 13 vehicle.' 14 Terry Walton was rushed by ambulance to John Muir Hospital. Her injuries included lacerations on her chin, nose and right eye. She had a fractured nose, severely bruised chest 15 and neck pains. Since the accident, she has had plastic surgery. 16 Natalie Walton, age 9 1/2, was rushed by ambulance to Children's Hospital. She 17 suffered a broken femur. She has had surgery to insert pins in her leg. She was hospitalize for 2-3 weeks and in traction for over four weeks. She is currently undergoing physical 18 therapy. 19 Noel Walton, age 7 1/2, was transferred to John Muir Hospital. She suffered a 20 bruised neck. i 21 4. Claim: -- 22 Claimants are informed and believe that Bancroft Road is a heavily travelled through- 23 street with a 35 mph posted speed limit. The road narrows from 4 lanes to 2. There have 24 been numerous accidents. It is a unsafe intersection. Claimant also believes that the traffic lights of Minert and David at Bancroft, the speed limit and lane configurations substantially 25 contributed to the accident. Claimants are informed and believe that the traffic configurations, speed limit and the traffic signals failed to warn of a dangerous condition that 26 endangered the safe movement of traffic. Said failures and dangerous conditions would not 27 be reasonably apparent to or anticipated by a person exercising due care. Discovery is continuing. 28 1 2 5. Amount of Claim: 3 Because of the serious injuries suffered, the amount cannot be fully stated at this time. The total amount of this claim is well in excess of the jurisdictional minimum of the Superior 4 Court. The injuries to Ms. Walton and Natalie are of a permanent and residual nature. 5 6 7 8 November 1, 1994 ���L 9 �TENY. WOLAN, ESQ. 10 I 11 12 j I 13 j 14 15 I 16 17 18 19 20 21 22 23 24 i 25 26 27 C:\DOG\VKY\01313\0000\CLAIM.CWC 28 LAW OFFICES OF PATTON,WOLAN&BOXER 80 GRAND AVENUE,SUITE 600,OAKLAND,CALIFORNIA 94612 :3: 01, 0 0 0) cn O N " ►- J m rt rt n N Z O N m 0 hid 0 M N rt 0ftCt7r > K 0) m m m 0 w 0rt0 O 0P z 0) Ul :j ft Ln rt >Z w � O M cn hd rN C p- En O f•! N LAW OFFICES OF PATTON,WOLAN &BOXER 80 GRAND AVENUE,SUITE 600,OAKLAND,CALIFORNIA 94612 .rte...... p�VIS0 S�IO'',1Aadt1SO Z - o � rn � n su cn a i� N•ro n � @0-� a N N o m a fJ] to rt t) ft (t ::r > " aro mow �o rt a o 1p. r. su ul ::$ " 0 ft a w *C a rn ro m N