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HomeMy WebLinkAboutMINUTES - 02151994 - 1.24 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION FEBRUARY 15 , 1994 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" be Claimant: STEELE, Rochelle D 15 UUP Attorney: .IAN 2 4 Address: 2717 Cortez Court Antioch CA 94509 COUNTY COUNSEL � MARTINEZ,CALIF. Amount: By delivery to Clerk on janua�ry 2'i,1994 Date Received: By mail, postmarked on Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: PHIL BATCHELOR, Clerk, By �9 J (s �,, 0 0A Deputy ` II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( V� The Board should deny this Application to File Late Cla (Section 11.6). DATED: 2,/ , Ii93 VICTOR WESTMAN, County Counsel, I Deputy III. BOARD ORDER By unanimous vote of Supervisors orleMnt - (Check one only) ( ) This Application is granted (Section 911.6). ( ✓r This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. n DATE: PHIL BATCHELOR, Clerk, By�,. _ l.A-a i-Q Q . Deputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Beard's action on this Application by mailing a copy of this document, and a memo thereof i has ben filed and endorsed on the Boards copy of this Claim in accordance with Section i 29703. DATED: PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel,, By County Administrator, By APPLICATION TO FILE LATE CLAIM �' I ROCHELLE A. STEELE 2717 Cortez Ct. 2 Antioch, CA 94509 .(510) 778-0752 3 IN PRO PER 4 5 6 7 8 9 IN THE MATTER OF THE APPLICATION FOR PERMISSION 10 TO FILE LATE CLAIM OF 11 ROCHELLE STEELE, APPLICATION TO .FILE LATE CLAIM AGAINST PUBLIC ENTITY 12 Claimant, 4, REED 13 vs. • 14 COUNTY OF CONTRA COSTA, 2I 15 Public Entity, KSOARDOFSUPER ORS / CONTF A,COSTA CO. 16 17 I, ROCHELLE STEELE, Claimant, hereby applies to the COUNTY 18 OF CONTRA COSTA, for leave to present a claim against said COUNTY 19 OF CONTRA COSTA, pursuant to Section 911 .4 of the California . 20 Government Code. 21 1. The cause of action of ROCHELLE STEELE, as set forth in 22 her proposed claim attached hereto, accrued on or about January 23 26, 1993 , a period within one (1) year from the filing of this 24 application. 25 2 . ROCHELLE STEELE'S reason for the delay in presenting her 26 claim against the COUNTY OF CONTRA COSTA is as follows: 27 Claimant was physically and mentally incapacitated, during 28 the time specified in Section 911 .2 of the California Government 1 t J I Code. This physical and mental incapacitation was a direct 2 result of the injury claimed. 3 Dated: c-fjw c' C( ROCHELLE STEELE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Claim lo: BOARD OF SUPERVISORS OF CONTRA C05fA CD= 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 aoorue on or after +Jan ry 19 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 ROCHELLE ANN STEELE ) 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 $ 10 , 0 0 0 , 0 0 . 0 0 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) On or about January 26 , 1993 2. Where did the damage or injury occur? (Include city and county) i 2905 Windsor Drive, Antioch, California 94509 --------------------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) . Defendants, and each of them, carelessly and negligently maintained a tower approximately 75 feet from the plaintiff' s dwelling, which eminated and continued to eminate electric waves onto the plaintiff' s ------------------------------------ ---------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Plaintiff incorporates her response to #3 of this claim. 0 (over) 5. 'What are the names of coua-lL;y or district officer servants or employees c_,�ggjng the damage or injury? Unknown ---------------------------------------------------------------------- ------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Claimant, suffered and continues to suffer an inoperable brain tumor. Wage Loss , Medical expenses, Loss of earning capacity., .pain and suffering ___.___________________..______________-__--_-_-____—_____-______—_________---______ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) $50 ,000 estimated medical to date, $140 , 000 . 00 estimated wage loss to date. Future wage loss , future medical expenses loss .of earnig capacity, unknown. -------------------------------------------------------- ------------------------- 8 , Names and addresses of witnesses, doctors and hospitals. Jay S . Loeffler, M.D. Boston, Massachusetts UCSF San Francisco, California ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT estimated 50 , 000 . 00- expended in medical specials 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 ROCHELLE ANN STEELE -5?. �- 2717. Cortez .Court Claimant's Signature Antioch, CA 94509 (510) 778-0752 CLAIMANT-'IN PRO PER Address SAME AS AT RIGHT Telephone No. Telephone No. 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 ($10,000, or by both such imprisonment and fine. i v 4 ' 0 2, CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 15 , 1994 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the_Board -o�Supe:ry sor-S (Paragraph IV below), given pursuant,�to�Gqern'men,t Code Mount: 10 956 . 25 Section 913 and 915.4. Please noirl aT1-•Wa Amnings". , CLAIMANT•BROWNSandra as Guardian Ad Litem for LATHAN, JAme i� . 2 6 ATTORNEY:Jeremy A. Archdeacon, Esq. COUNTY COUNSEL Date received MARTINEZ,CALIF. ADDRESS: 47 Quail C t . , Ste . 205 BY DELIVERY TO CLERK ON January 994 . Walnut Creek, CA 94596 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. g n DATED: a2(o 1 all Deputy OR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 2-6 i I'/ BY: �• Deputy County Counsel Ill. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( Claim is rejected in full. ( Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. `p Dated: ", �ctq$ PHIL BATCHELOR. Clerk. By o�( d e �0� . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. - See Government Code Section 945.6. 'You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now. and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:, _ (Q=�� BY: PHIL BATCHELOR by •� „,QQ _ Deputy Clerk CC: County Counsel County Administrator `i RECEIVED JAN 2404 TO: Board of Supervisors Contra Costa County CLERK BOARD OF SUPERVISORS 651 Pine Street, Room 106 CONT':'A COSTA CO. Martinez, California 94553 MND NLKRED NOTICE OF CLAIM FOR PERSONAL INJURIES DUE TO NEGLIGENCE (PURSUANT TO GOVERNMENT CODE SECTION 910.2) 1. CLAIM AGAINST: County of Contra Costa 2. NAME AND POST OFFICE ADDRESS OF CLAIMANT: Sandra Brown, as Guardian Ad Litem. for James Lathan c/o Jeremy A. Archdeacon, Esq. 47 Quail Court, Suite 205 Walnut Creek, CA 94596 3. THE DATE, PLACE, AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION WHICH GAVE RISE TO THE CLAIM ASSERTED: Date: July 24, 1993 Place: Sidewalk in front of 59 Bella Vista Drive, Bay Point, California. Circumstances: James Lathan, minor .son of claimant, tripped and fell on a four inch high crack in the sidewalk. Additionally, there was insufficient street lighting to permit claimant's minor son to see the crack during hours of darkness; nor were there any warning signs advising of the dangerous condition. 4. GENERAL DESCRIPTION OF THE DAMAGE OR LOSS INCURRED SO FAR AS KNOWN AT THE TIME OF PRESENTATION OF THE CLAIM: Medical Treatment in the amount of $956.25. Lost Wages - None General Damages - $10,000.00 5. THE NAME OR NAMES OF THE PUBLIC EMPLOYEES CAUSING THE INJURY, DAMAGE OR LOSS, IF KNOWN: Unknown. 6. AMOUNT CLAIMED OR COURT WITH APPROPRIATE JURISDICTION: Jurisdiction lies in the Municipal Court. )� r Dated: 1 Signature.L.. jE3kEMY A C DEACON Attorney for Plaintiff SANDRA BROWN, AS GUARDIAN AD LITEM FOR JAMES LATHAN CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 15 , 1994 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 note aljLPIy,41no WL18b CLAIMANT: DOUGHTY, Donna D. JAN 2 0 1994 ATTORNEY: Scranton Law Firm ''PaYiInez, CA 9455 James Cameron Date received ADDRESS: 1200 Concord Avenue, Ste . 260 BY DELIVERY TO CLERK ON January 19 , 1994 Concord, CA 94520 BY MAIL POSTMARKED: Hand Delivered via : Risk Mgmt . 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH B DATED: BaII Deputy OR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( 1/f This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ��6w��`� 2 q p y BY: Deputy County Counsel I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated .I1 r ,.a,.. 15 199'f PHII BATCHELOR, Clerk, By 11, , ��_Q.Q� ) . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. p Dated: ,,,, it, 1994 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 11 OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF i SHARON L. ANDERSON ANDREA W. CASSIDY COUNTY ADMINISTRATION BUILDING VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS MICHAEL D. FARR VICTOR J. WESTMAN MARTINEZ, CALIFORNIA LILLIAN T. FUJII COUNTY COUNSEL 94553-0116 DENNIS C. GRAVES GREGORY C. HARVEY SILVANO B. MARCHESI TELEPHONE (510) 646-2074 KEVIN T. KERR ARTHUR W. WALENTA, JR. FAX (510) 646-1078 EDWARD V. LANE, JR. ASSISTANTS MARY ANN M. MASON PAUL R. MUNIZ January 25, 1994 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: James Cameron Scranton Law Firm 1200 Concord Ave, Ste.260 Concord CA 94520 RE: CLAIM OF: Donna Doughty Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2, or is otherwise insufficient for the reasons checked below: [xx] 1 . The claim fails to state the name and post office address of the claimant. [xx] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [xx] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [xx] 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [xx] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6 The claim is not signed by the claimant or by some person on his or her behalf. [xx] 7 . Other: Merrithew Memorial Hospital is owned and operated by the County of Contra Costa through its department of Health Services . A claim which complies with the requirements of the California Tort Claims Act (Government Code section 900 et seq. ) is required. Please consult the Government Code for compliance requirements . VICTOR J. WESTMAN, County Counsel By: Deput unty Counse CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code. §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: January�),., 1994 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE 55 910, 910.2, 920.4, 910.8) errithew Ron Harvey emorial AN 19 1994 o &A. ce- . AND CLINICS RECEIVED January 14, 1994 JAN 191994 CLERK BOARD OF SUPERVISORS CONT .a COSTA CO. To: Ron Harvey `�-+.off` U�c, Claims Liability Manager u From: Cyndy Abram Acting Medical Risk Specialist Re: Donna D.Doughty Attached please find a-notice from the Scranton Law Firm regarding initiating a possible medical malpractice action within 90 days on behalf of the above named patient. Contra Costa County srA�a�x A-301A (3/87) =4 0-11A."I R LACI FIRM January 10, 1994 RECEI2ED JAN 19MERRITHEW MEMORIAL HOSPITAL CLERK BOARD OF 2500 Alhambra AvenuecoluT. a co Martinez, CA 94553 Re: Donna D. Doughty Date of Incident: 9/14/93 Dear Sir/Madam: This notice is pursuant to the California Code of Civil Procedure Section 364, to advise you that this firm has been retained to investigate an alleged medical malpractice action on behalf of the above named, who suffered a collapsed lung while a patient at your facility. After concluding our basic investigation, this is to advise you that 90 days from the date of this letter, if so warranted, we intend to serve you with summons and complaint. In the event you have any pertinent facts you wish to bring to our attention, we would appreciated it very much and will reciprocate accordingly. Very truly yours, SCRANTON LAW FIRM By JAMES CAMERON JC/s Michael-C. Scranton A Professional Corporation Michael C. Scranton, President (510) 682-7777 Main_Office: 1200 Concord Avenue, Suite 260, Concord, CA 94520 FAX (510) 676-9999 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 15 , 94 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 Su arvienr (Paragraph IV below), given pursuant toTi C�ie�Amount: Unknown Section 913 and 915.4. Please note . CLAIMANT:FRANCO, Sharon 2 4= 3509 Swain Drive ATTORNEY:Modesto, CA 95356 COUNTY COUNSEL Date received MARTINEZ,CALIF. ADDRESS: BY DELIVERY TO CLERK ON January 21 , 1994 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppH Bg DATED: BaII DepuiyLOR, Clerk ■, Q) ALL II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( V1 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: Ci-µu 2 N 1 g 9 y 8Y: Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (,4 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 minutes for this date. Dated• S PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personalty served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. 'You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now. and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. nn Dated: A.w '.(3_)9g4- BY: PHIL BATCHELOR by k �a.�,0p .� � Deputy Clerk e- CC: County Counsel County Administrator —� CLAIM z y BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT FEBRUARY 15 , 1994 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 bye Board of Supervisors (Paragraph 'IV below), given pursu t o rune `" Amount:Unknown Section 913 and 915.4. Please n 15 CLAIMANT: FRANCO, Sharon JAN 26IN ATTORNEY: COUNTY COUNSEL Date received MARTINEZ,CALIF. ADDRESS: 3509 Swain Drive BY DELIVERY TO CLERK ON Modesto, CA 95356 BY MAIL POSTMARKED: ,ia_3T 91 i 294 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: �tIl gep�tylOR, Clerk .I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY:. Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) . This Claim is rejected 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: PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in.the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now. and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the Unitedtotes stal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST COUNTY OF CONTRA COSTA A. NAME AND ADDRESS OF CLAIMANT: RECEIVED SHARON FRANCO ,�„ � ' �� 3509 Swain Drive wU� Modesto, CA 95356 Telephone (2 09) 529-3964 CLERK BOARD OF SUPERVISORS CONT; A COSTA CO. B. ADDRESS TO WHICH NOTICES SHOULD BE SENT: MWD DELIVERED �� SHARON FRANCO 3509 Swain Drive Modesto, CA, 95356 Telephone (209) 529-3964 C. THE DATE AND PLACE AND CIRCUMSTANCES OF OCCURRENCE: The Date and Place of the occurrence are July 23, 1993 at 5075 Double Point Way, Byron, CA 94514. Claimant owns the property known as 5075 Double Point Way, Byron CA 94514. Claimant has been renting the subject premises to Robert W. Fernandes and Sally Jo Fernandes (who have concurrently filed their own claim in regards to this matter) since July of 1993 . Mr. and Mrs. Fernandes have continued to reside at the premises since that time. On July 23, 1993, at approximately 7: 30 a.m. , several armed officers of the Contra Costa County Sheriffs Department, as well as several federal agents, forcibly entered the subject property, ostensibly pursuant to a search warrant issued by Chief Magistrate Judge F. Steele Langford, of the United States District Court, Northern District. Claimant's tenant, Mrs. Fernandes, was awakened by the officers' early morning intrusion, and initially attempted voluntarily allow the offending authorities to enter the subject premises. However, although Mrs. Fernandes requested that the early-morning visitors wait long enough for her to adequately clothe herself, several officers almost immediately kicked in the front door. After throwing Mrs. Fernandes against a wall, and briefly showing her a search warrant, the officers proceeded to ransack the home's interior, purportedly in order to locate spent ammunition shells from a certain March, 1993, shooting incident allegedly occurring at the subject premises. The truth of the matter is that neither Claimant nor Mr. and Mrs. Fernandes were in no way connected to the March, 1993 shooting incident, as concluded in an earlier investigation conducted by the Contra Costa County Sheriffs Department. Specifically, the Contra Costa Sheriffs Department conducted a full investigation after the March 1993 shooting incident, and had previously contacted Claimant Sharon Franco, as the owner of the premises, in regards to said March 1993 incident. Ms. Franco not only cooperated fully with the Sheriffs Department's initial investigation, but also specifically disclosed that the previous tenants, to whom involvement with the shooting was attributed, had vacated the subject premises subsequent _to the March, 1993 incident. In addition, not only had the Contra Costa Sheriffs Department already recovered several spent bullets during its initial investigation, the Department's previous contact with Claimant had already established the availability of any additional information or cooperation without the need for the July 23 . 1993 forcible intrusion of the subject premises. Contra Costa County Sheriffs Department also violated California Penal Code, Section 1531, due to their participation in the July 23 , 1993, destruction of the 5075 Double Point Way premises. Specifically, Penal Code § 1531 authorizes officers to break open any outer or inner door, or window of a house, or any part of a house, or anything therein, in order to execute a search warrant, only if, after giving notice of their authority and purpose, the officers are refused peaceful admittance. Mrs. Fernandes did not refuse the police admittance to the subject property on July 23, 1993 . Mrs. Fernandes informed the officers, who failed to clearly communicate their identities and their purpose at the premises, that she needed a few moments to adequately clothe herself before opening the door. However, before she could do so, as described above, the front door was kicked in by several armed individuals, severely frightening Mrs. Fernandes. The Contra Costa County Sheriffs Department not only failed to comply with Penal Code § 1531, but also violated the underlying purpose of the statute, namely the preservation of an individual 's privacy via assuring him/her the opportunity to cooperate with the officers peaceable execution of the search warrant. Claimants were never given the opportunity to cooperate with the intruding authorities, particularly, given their non-involvement with the circumstances underlying the officer's search warrant. 2 D. DESCRIPTION OF INJURIES AND LOSSES CLAIMED: The offending authorities, in the course of their search, demolished the entire front door and frame, overturned furniture, cut holes in several walls, ceilings and the garage, pulled out cabinets, ripped out insulation, damaged carpets, and otherwise completely wrecked the premises. In addition, the needless and reckless destruction of Claimant's property continued for almost four hours despite the fact the sought after evidence had already been collected, and that neither the Fernandes' nor Claimant were connected to the earlier shooting incident, both facts of which the Sheriffs Department should have already been aware, due to its previous involvement, and regardless, could have easily discerned with a single telephone call to Claimant, with whom they had been in previous contact. Specifically, the Sheriffs Department had already searched the premises months earlier without resistance, and had already recovered the sought-after evidence. Hence, there was absolutely no facts to support the necessity of either a search warrant or the intrusive, destructive means employed by the offending officers in executing said warrant. Attached hereto as Exhibit "A" is an itemized professional contractor's estimate listing the exact property damages attributable to the Sheriffs department's participation in the destruction of the Double Point Way premises. In addition to the extreme mental distress inflicted upon Claimant's tenants, Mr. and Mrs. Fernandes, the callousness and incompetence displayed by the guilty authorities in regards to the July 23 destruction of the subject property, will also result in loss of use of said property for the period of time necessary to repair the extensive damage caused by the incident. Further, CLAIMANT has been unnecessarily embarrassed and humiliated, in regards to her reputation in the Byron community, due to the needless presence of police vehicles parked in front of the Property during the entire four (4) hour incident. The damage done to Claimant's community standing, in itself, is immeasurable. E. NAMES OF PERSONS OR EMPLOYEES CAUSING INJURIES, LOSS AND/OR DAMAGES: Claimant does not know the individual names of the employees of the Contra Costa County Sheriffs Department who were involved with the July 23, 1993 incident, resulting in 3 the damages and injuries sustained by Claimant. Claimant will amend this claim to reflect said individual officers' true names if/when such has been ascertained. F. AMOUNT AND JURISDICTION OF CLAIM: This claim, as of the date of its submission, is in an amount which would place it within the jurisdiction of the Municipal Court. The exact total amount of this claim is unknown at this time, but will be proved later. Dated: / 2/ 9, SHARON FRANCO, Claimant BY: l/rY►-�- N L. DUMAN Law Offices of Fred M. Duman & Associates 2807 Castro Valley Blvd. Castro Valley, CA 94546 Telephone (510) 537-3388 Attorneys for Claimant 3\fmd\franco.ccc 4 "Sm USSTRUCTION UNLIMITED August 4, 1993 Mr. & Mrs. Furnandes 5075 Double Paint Way Byron, CA 94514 Mr. & Mrs. Furnandps, The following billing is for emergency work at 5075 Double Point Way. Resecure front door, so that it could be used. Total Amount Due Emergency �i4H.6O If you should have any questions, please feel free to contact Mae Sincerely, . Dennis J. Ei va, Owner DJSI ps 1942 Dolphin Place • Byron, California 94514 • lic. No. 401569 • Phone (415)634-0218 EXHIBIT "A" 1 of 3 z V MSTRUCTION UNLIMITED August 4, 1993 Mr. & Mrs. Furnandes 5075 Double Point Way Byron, CA 94514 Dear Mr. & Mrs. Furnond®s, Silva 's Construction Unlimited, is pleased to submit the following estimate to repair damage to home at 5075 Double Point Way, Byron &* fol1owst 1 . Replace damaged front entry door , sidelites, .lambs, and lockset complete. Existing custom stained glass unit would be more costly to repair. $49309.00 2. Reinstall two ceiling crawl hole covers, in- cluding plywood broken loose above one open- ing. $ 36.00 3. Replace sheetrock where holes were cut out in garage, kitchen, entry, hall , loft , and master closet. Taper, top, and texture to match. S 240.00 4. Pull back attic insulation where ceiling sheet- rock patches accure then relevel after patch areas are complete including leveling other areas disturbed by officers. ; 43.00 3. Replace one set of broken vortical blinds (loft) allowance to furnish and install unit. s 204.00 6. Replace one window screen. S. 32.00 7. Replace broken roof tiles as needed. a 150.04 S. Reinstall one hindgia on garage door removed while looking for a bullet. 1 5. 0.0 9. Paint . al 1 areas of work. listed above as needed. Eachswall or cabling to the nearest breaking point including washing and priming of all areas where black felt pen marks were left. a 365. 00 10. Stain and finish front door unit complete. S 173.00 11 . Clean up, cartage of dibris, and dump fee 's. __�,L��,��Q 1942 Dolphin Place o Byron, California 94514 o tic. No. 401569 • Phone (415)634-0216 EKiIBIT "A" 2 0f 3 r Mr. Mrs. Furnanden - Est. Cont. Page 2 August 4, 1993 Sub Total $5,777.00 20% Contractors Fee 's Total Amount Of This Estimate $69932.40 14 you should have any questions regarding this estimate, please feel free to contact me. Si cereal y, \9 Dennis J. Si Val Owner DJSsps Please Notes Thie estimate is good for -30 day* from the above d®tee. EXHIBIT "A" 3 of 3 a..n ....a'a 11 tic,7 ;�tpr•_ 10. N U) a �S t1 to U) U) Q O N � O � m H 4 N a cn 8 u N� • a4-) ,g W LO o �LO d 7 a LLIQ © ma O w j J O >T ow J J N ga S t~/9N C Q F-1 w w CLAIM AGAINST COUNTY OF CONTRA COSTA A. NAME AND ADDRESS OF CLAIMANT: [CLERK ECE6VED SHARON FRANCO AN 2 41994 3509 Swain Drive Modesto, CA 95356Telephone (209) 529-3964 OAFpo�SURERVISORs NT`-I C01-,TA M. B. ADDRESS TO WHICH NOTICES SHOULD BE SENT: SHARON FRANCO 3509 Swain Drive Modesto, CA, 95356 Telephone (209) 529-3964 C. THE DATE AND PLACE AND CIRCUMSTANCES OF OCCURRENCE: The Date and Place of the occurrence are July 23, 1993 at 5075 Double Point Way, Byron, CA 94514. Claimant owns the property known as 5075 Double Point Way, Byron CA 94514 . Claimant has been renting the subject premises to Robert W. Fernandes and Sally Jo Fernandes (who have concurrently filed their own claim in regards to this matter) since July of 1993 . Mr. and Mrs. Fernandes have continued to reside at the premises since that time. On July 23 , 1993, at approximately 7 : 30 a.m. , several armed officers of the Contra Costa County Sheriffs Department,, as well as several federal agents, forcibly entered the subject property, ostensibly pursuant to a search warrant issued by Chief Magistrate Judge F. Steele Langford, of the United States District Court, Northern District. Claimant's tenant, Mrs. Fernandes, was awakened by the officers ' early morning intrusion, and initially attempted voluntarily allow the offending authorities to enter the subject premises. However, although Mrs. Fernandes requested that the early-morning visitors wait long enough for her to adequately clothe herself, several officers almost immediately kicked in the front door. After throwing Mrs. Fernandes against a wall, . and briefly showing her a search warrant, the officers proceeded to ransack the home's interior, purportedly in order to locate spent ammunition shells from a certain March, 1993, shooting incident allegedly occurring at the subject premises.. The truth of the matter is that. neither Claimant nor Mr. and Mrs. Fernandes were in no way connected to the March, 1993 shooting incident, as concluded in an earlier investigation conducted by the Contra Costa County Sheriffs Department. Specifically, the Contra Costa Sheriffs Department conducted a full investigation after the March 1993 shooting incident, and had previously contacted Claimant Sharon Franco, as the owner of the premises, in regards to said March 1993 incident. Ms. Franco not only cooperated fully with the Sheriffs Department's initial investigation, but also specifically disclosed that the previous tenants, to whom involvement with the shooting was attributed, had vacated the subject premises subsequent to the March, 1993 incident. In addition, not only had the Contra Costa Sheriffs Department already recovered several spent bullets during its initial investigation, the Department's previous contact with Claimant had already established the availability of any additional information or cooperation without the need for the July 23. 1993 forcible intrusion of the subject premises. Contra Costa County Sheriffs Department also violated California Penal Code, Section 1531, due to their participation in the July 23, 1993, destruction of the 5075 Double Point Way premises. Specifically, Penal Code § 1531 authorizes officers to break open any outer or inner door, or window of a house, or any part of a house, or anything therein, in order to execute a search warrant, only if, after giving notice of their authority and purpose, the officers are refused peaceful admittance. Mrs. Fernandes did not refuse the police admittance to the subject property on July 23, 1993. Mrs. Fernandes informed the officers, who failed to clearly communicate their identities and their purpose at the premises, that she needed a few moments to adequately clothe herself before opening the door. However, before she could do so, as described above, the front door was kicked in by several armed individuals, severely frightening Mrs. Fernandes. The Contra Costa County Sheriffs Department not only failed to comply with Penal Code § 1531, but also violated the underlying purpose of the statute, namely the preservation of an individual 's privacy via assuring him/her the opportunity to cooperate with the officers peaceable execution of the search warrant. Claimants were never given the opportunity to cooperate with the intruding authorities, particularly, given their non-involvement with the circumstances underlying the officer's search warrant. 2 D. DESCRIPTION OF INJURIES AND LOSSES CLAIMED: The offending authorities, in the course of their search, demolished the entire front door and frame, overturned furniture, cut holes in several walls, ceilings and the garage, pulled out cabinets, ripped out insulation, damaged carpets, and otherwise completely wrecked the premises. In addition, the needless and reckless destruction of Claimant's property continued for almost four hours despite the fact the sought after evidence had already been collected, and that neither the Fernandes' nor Claimant were connected to the earlier shooting incident, both facts of which the Sheriffs Department should have already been aware, due to its previous involvement, and regardless, could have easily discerned with a single telephone call to Claimant, with whom they had been in previous contact. Specifically, the Sheriffs Department had already searched the premises months earlier without resistance, and had already recovered the sought-after• evidence. Hence, there was absolutely no facts to support the necessity of either a search warrant or the intrusive, destructive means employed by the offending officers in executing said warrant. Attached hereto as Exhibit "A" is an itemized professional contractor's estimate listing the exact property damages attributable to the Sheriffs department's participation in the destruction of the Double Point Way premises. In addition to the extreme mental distress inflicted upon Claimant's tenants, Mr. and Mrs. Fernandes, the callousness and incompetence displayed by the guilty authorities in regards to the July 23 destruction of the subject property, will also result in loss of use of said property for the period of time necessary to repair the extensive damage caused by the incident. Further, CLAIMANT has been unnecessarily embarrassed and humiliated, in regards to her reputation in the Byron community, due to the needless presence of police vehicles parked in front of the Property during the entire four (4) hour incident. The damage done to Claimant's community standing, in itself, is immeasurable. E. NAMES OF PERSONS OR EMPLOYEES CAUSING INJURIES, LOSS AND/OR DAMAGES: Claimant does not know the individual names of the employees of the Contra Costa County Sheriffs Department who were involved with the July 23, 1993 incident, resulting in 3 the damages and injuries sustained by Claimant. Claimant will amend this claim to reflect said individual officers' true names if/when such has been ascertained. F. AMOUNT AND JURISDICTION OF CLAIM: This claim, as of the date of its submission, is in an amount which would place it within the jurisdiction of the Municipal Court. The exact total amount of this claim is unknown at this time, but will be proved later. Dated: IL2lLqztSHARON FRANCO, Claimant BY: ��+ ��m -- J N L. DUMAN Law Offices of Fred M. Duman & Associates 2807 Castro Valley Blvd. Castro Valley, CA 94546 Telephone (510) 537-3388 Attorneys for Claimant 3\fmd\franco.ccc 4 row L 'S dRSTRUCTION 1?, UNLIMITED . ' August 41 1993 Mr. & Mr*0 Furnandes 34175 Double Point Wavy Byron$ CA 94514 Mr. & Mrs. Furnandes, The following billing is for emergency work at 5075 Double Point Way. Rosecure front door , so that it could be used. Total Amount Due Emergency $46-60 If you should have. any queeti one q please f•ol from to contact me. Sincerwlyq Dennis J. 6 vas Owner DJSrpe 1942 Dolphin Place • Byron,California 94514 a Lic. No. 401569 • Phone (415)634-0218 MIBIT "A" 1 of 3 0 LINSTRUCTION., UNLIMI August 4, 1993 Mr. 8s Mrs. Furnandes 5075 Double Point Way Byron, CA 9451.4 Dear Mr. 6 Mrs. Furnondes, 8ilva 's Construction Unlimited, is pleased to submit the following estimate to repair damage to home at 5475 Double Point Way, Byron as fol1owee 1 . Replace damaged front entry door , sidelites, Jambs, and lockset complete. Existing custom ' stained glass unit would be more costly to repair. $49369.00 2. Reinstall two ceiling crawl hole covers, in- cluding plywood broken loose above one open- ing. $ 36.00 Z. Replace sheetrock where holes were cut out in garage, kitchen, entry, hall , loft , and master closet. Tape, top , and texture to match. $ 240.00 4. Pull back attic insulation where ceiling showt- rock patchan .accure then relevel after patch areas are complete including leveling other areas disturbed by officers. 0 43.00 Z. Replace one set of broken vertical blinds (loft) allowance to furnish and install unit. $ 204.00 6. Replace one window screen. 0 32.00 7. Replace. broken roof tiles as needed. # 130.00 G. Reinstall one hindgw on garage door removed while looking for a bullet. $ 15.00 9. Paint all areas of work listed above as needed. Each wall or ceiling to the nearest breaking point including washing and priming of all areas' whwre black felt pen marks were left. $ 385,00 10. Stain and finish front door unit complete'. $ 175.00 11 . Glean up, cort,sge of dibris, and dump fee '*. 1942 Dolphin Place • Syron,California 94514 • Lic. No. 40156% a Phone (415)634-0218 EXHIBIT "A" 2 of 3 , Mr. it Mrs. Furnandes - Est. Cont. Page 2 August 4, 1993 Sub Total #89777.00 20% Contractors Fee 's Total Amount Of This Estimate $6.932.*0 If you should have any questions regarding this estimates please feel free to contact ms. Si terel y, P ' C9 Dennis J. Si va, Owner DJSI Ps Please Noteo This estimate is good for 30 day* from the above date. EXHIBIT "A" 3 of 3 PROOF OF SERVICE BY MAIL (CCP 1013x, 2015.5) Alameda County Municipal Court Case No. C26132 I, the undersigned, declare: I. I am a citizen of the United States and I am employed in the County of Alameda, State of California. I am over the age of 18 years and not a party to the above-entitled cause. My business address is 2807 Castro Valley Boulevard, Castro Valley, County of Alameda, California. 2. I am familiar with the practice of the Law Offices of Fred M. Duman & Associates for collection and processing of correspondence for mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United States Postal. Service the .same day it is submitted for mailing. On January 21, 1994 , I served the within: CLAIM AGAINST COUNTY OF CONTRA COSTA on the interested parties to said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Castro Valley, California, addressed as follows: CONTRA COSTA BOARD OF SUPERVISORS ATTN: Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, California 94553 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on January 21, 1994, at Castro Valley, California. JOtfi L. DUMAN CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 15 , 1994 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 Via.Covlrnrllen.��C"o�d�e Amount: $30 ,000. 00 Section 913 and 915.4. Please nU a al l(PWnrni,ngs=. CLAIMANT:LEWI S , Linda JAN 2 6� ATTORNEY: Date received COUNTY CO EL ADDRESS: 566 9th, Street BY DELIVERY TO CLERK ON Tqn 4ART1 'E'. Richmond, CA 94805 BY MAIL POSTMARKED: Januar 21 1994 Certified Mail P 875 O1 49 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IV DATED: . epu IL BATCYELOR, Clerk if1 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: Lam. u Z 7 By Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD DER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated; � I_S.\gg4 PHIL BATCHELOR, Clerk, By�1c_ ..O.j�� . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult -an attorney, you Should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the united States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated BY: PHIL BATCHELOR Dy�, , ��,e ,Q Q Deputy Clerk ct- CC: County Counsel County Administrator Clair to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per— sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and which accrue...on or after January 1, 1988, must be presented not later than six months -after the accrual of the cause - of action. Claims relating to any other cause of action must bepresented 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 `- - filcd agai=t each public en�;ity: 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 (?1K6747 Against- the County of Contra Costd JAS 2419% , od District) CLERK BOARD OF SUPERVISORS Fill in name ) CONCOSTA CO. Ts'; The undersigned claimant hereby makes clai ( t tt��unty 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) Ir 2. Where did the damage or injury occur? (Include city and f ty)- R Lq -01__�1 0 o u a, tic 3. How did the damage or injury occur? (Give full details; -use extra paper if required) � o C a rtif�� CJS:e �1� �f t h : t n c ° P(i 4. What particular act or omission on' the part of county or district officers, servants, or employees caused the injury or damage? C, L (, F � oil ZA �� pp, wnat are the na-Ines of county or district officers, servants or employees causing the _4 :image or injury? Ad c�--------------------- ------------------------------------ - �lUX+ 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damagep claimed Attach wo estimates for auto e. tcmr .Ir,A11.4 -fittInclude �the estimated amount of an1---- 7. How s the amount claimed above co uted? ( Y prospective injury or damage.) ( t $. Names and addresses of witnesses, doctors and hospitals. Kau�>U,r AC-A ----------------- ------------ ----- ------ 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 some person on h' behalf." Name and Address of­kttorney Claimant's Signature (Address 66 e Telephone No. Telephone No. N O T I C E Section 72 of the Penal Code provides: - - "Every person -who, faith 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 impriso.-unent and fine. 4 1 � 1 uo(d Vol Pa3ad, + )e.cv3 lam 4 � P.t►LC T 4 _ wcA ve d� 'L )-k ?f- Ok- �� _ ` a lig I�,� "' tC n 40 don ,. � 9;'3D41)2, ,,�CtA off.&u're� a�aa6 (too Rataiv--,ct r+ ` 1 an+et N'C'u5- jai) L I 4'� t loq- m I � 9� � bvafec� bc)A , lep- - be �Lur+ Wn- Oil n), r iq ou�l& atl w th aAL3 V�1�`Glica:�-tom. r`l e-. Liz.-,a, Lcl� b ��eL'� , ��`-'� Vie. pec wh.�e.[2, hQ�dle eou� comes, � rrrr Er CO c ` r ® o N Ln Cc CL rA fi a CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 15 , 1994 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100,00.0. 00 Section 913 and 915.4. Please note all "Warnin s" ,aCaillll� �e�LtY15e► CLAIMANT: MUELLER, Robert F . JAN 2 0, 1994 ATTORNEY: Bruce R. Bernstein s,"artinez, CA 9455` Law Offices of John Carniato Date received ADDRESS: 3736 Mt . Diablo Blvd. , #300 BY DELIVERY TO CLERK ON ,Tan is v 19 , 1994 Lafayette , CA 94549 BY MAIL POSTMARKED: January 18 , 1994 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p B DATED: B IL Deputy OR, Clerk �p�L` O 0-- 11. --II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( V1 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: % 9 9� BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for , this date. Q Dated,• PHIL BATCHELOR, Clerk, By fid, _ �.n �1LS[ . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you.should do so immediately. *For additional warnina. see reverse side of this notice. AFFIDAVIT.OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Datedk:�WlaABY: PHIL BATCHELOR by%J _ �o Q.Q� Deputy Clerk CC: County Counsel County Administrator J 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, 19872 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 } ROBERT E . MUELLER ) RECEIVED Against the Co my of Contra Costa j 19M 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 $ 100,000 .00 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) October 27 , 1993 ; approximately 10 :00 a ,m, ----------------------------------------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) Eastbound Marina Vista, past the intersection with Shell Avenue, C o n t r a_Costa_C o u n ty__ -_N--------------------- 3. _____-__ ______-__3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimant while riding his motorcycle was forced off his vehicle by car driven by Carol Sue Lawrence (employee of Mental Health Dept, of Contra Costa County) . ------------------- ---------- -- -- --- ----- .4. What particular act or omission on the part of county or district officers, - servants or employees caused the injury or damage? Negligent driving, while driving her patients of the Mental Health , (Police Report attached, ) (over) 5. What are the names of county or district officers, servants or employees causing . the damage or injury? Carol Sue Lawrence 6. What damage or., injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Broken clavical ; broken fibia; abrasions; $1 ,000, 00 of property damage . 7.'' How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Current and future pain and suffering; hospital and medical bills . ------------------------------------------------------------------------------------ 8. Names and addresses of witnesses, doctors and hospitals. See Police Report for witnesses . All medical treatment was provided by ' Kaiser Hospital , Martinez . ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Motorcycle has not Yet been repaired; and medical bills are still f�,o r t h_c om 1 ng., �� ; r . 1 Gov. Code Sec. 910.2P rovides: "The claim must be signed by the claimant SEND NOTICES,TO:,,,.(Attorney.:)s , .J or by s me person on his behalf." Name and Address-of Attorneyw BRUCE R. BERNSTEIN LAW OFFICES OF JOHN J . CARNI ATO Claimants Signature 3736 Mt, Diablo Blvd. , 3736 Mt. Diablo Blvd. , Suite ;300 Lafayette, CA 94549 Address Lafayette, CA 94549 Telephone No. (510) 283-1552 I Telephone No. (510) 2 �-1552 * * 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. $TATTi OF C!.LI RNIA " COLLISION'REPORT PACE OF 5P£AALCONOMONS NUMBER HITARUN CfTV /n 9/.r���l/,c. 7AAA./]STRICT LOCK REPORTNWOER im"Aa . - NUMBER NTT i RW7 jREPORTING OOBTRiCT BEAT • KILLED C%�T'"/�-�" OLLMON OCCURAED ON LJ NO. DAY YEAR -TWa(2400) NCIc 0 OFFICER l 0. o ----------------------------------------=----------------- MILEPO3T INFORMATION ®DDAY OF WEEK TOW AWAY, PHOTOGRAPHS BY: UPEST/Mtl OP t S MI • T F S Yfi [:]No O ❑ STATE HWY REL" J AT NT[RSECTIOII IARTN , 9O R: 2/GJ •FECL1MLES or �%/. �'f/cC'.�r✓.t pY[0 NO 0"a PARTY ORIVER'S LICENSE NUMBER STATE LAB SAFETY VEK YEAR MAKE/MODELICOLOR LICENSE NUMBER STAT DRIVER NAY[(FIRST.MIDDLE.LAST). - PEDES syAEET ADDRESS OWN6R'S NAM[ - AM$AS ORN[R PARKED CITE/STATR 1 LP � OWNS"ADORIM- �[AS ORN6R VEHICILK MCY. SEK IWR 6YSS MaHONT W610NT BIRTHDATE RAC[ WS POSMONOPUNCLEONORRJRS01- OFFICER [XR1VfR BOTHER CUST MIX Yam OTHER HOME PHONE BUSINESS PHONE ; ❑ S /O} ?.,Cf, /. �/� ��L. �//� PRIOR M[CNAFaCAL DEFECTS: NONE,APPARENT DAMAGEDREFER TO NAARAYtVE� �j (\ CHP USE ONLY DESCRIBE VEHICLE OAMAGS SHADE IN DAMAGED AREA INSURANCE CARRIER POUC NUMBER VEHICLE TMP[ -r-- �� c /G � BUNK. NONe pmrooR •N•:' ••'•tiy'✓ i ❑MOD. 0". ❑TOTAL Om Of ON STRESTJSIEISGIPliA'F— Su ET PCF•; @CC❑ C// 'TwEl "c./"'1 `���.( - ;�. J f CHP PARTY OWVER'S UCENBf NUMBER STATE R SAFETY VEK VEAR MAKE/MOO L/COLOR LICENSK NUMBER eT 7 2 �, "�i "Z `r S y v o �' �iLf' P 92) .t/�icf� �1•r�`i"mac DRIVER NAME(FIRST.mDOL.S LAST)': Ll PEDES STREET AOORCSB ` � OWNS"HAW SAME AS DRIVER TRIAN PARKED CIT//STATE/IIP OWNS"ADDRESS AME AS DRIVER VEHICLE o SICY. ' SEX HAIR [YES NEIGIIT 'WE10 WRTHOATE RAC[ DISPOSMON OF VEMCL60N ORDERS OF: ❑OFFICER RIVER BOTHEA YEA CLIST �. ) DAV. R OTHER HOME PHONE _ fIUSNE88 PNON[ PRIOR M6CMA►BCAL D[F[CTB: NON9 APPAREN, 1:3REFER TO NMRARVE❑ Y Chp USE ONLY - 0[6038SV[NCLE DAMA06 SHAD[N DAMAGED AREA INSURANCC CARR SER POLICY NUMBER VEHICLE TYPE BUNK pNOFm mI+DR pYOD. ❑MAJOR []TOTAL. DIF.OP ON STREET OA4*0"W*V- S►EEO PCF HCC 0 J CMP❑ PARTY DRIVER'S LICENSE NUMBER STAT[ CLASS SAFETY VEK YEAR MAKa/YODEL/COLOR ENSE NUMBER STAT 3 [DoIIP. DRIVER NAM[(RRST.01001-9.LAST) _ . PEDES STRIETADDRESS OWNawSNAM6 pSAM[AS DRIVER THAN PARKED CrrY I STATE I ZIP VEHICLE OWNER'S ADORE83 ❑SAYE AS DRIVER SICY. SEDC HAIR Etas "Kam WEIGHT WRTHDAm RACE WSPOSMOHOPVEHICLE ONOROERSOP: ❑OFTRCER ❑DRIVER BOTHER CLHIT MO. DAY. R VAR ❑ OTMER HOME PHONE BUaBNESS PHONE PRIOR M[CHANCAL DEFEM: NONE APPARENT p RaFER TO NMRATV6❑ ❑ J ( ) CHP USE ONLY DESCRISa VEHICLE DAMAO[ BHADa IN DAMAGED AREA INSURANCE CARR41A POLICY NUMaER VEHICLE TYPE pT1tK pNON6 1:1 MINOR i ptl00. pMAJOr, ❑TOTAL OIAOP IONSTRSCTORHIOHWAY SPEED PCP'" ICC❑ TRAVEL LIMIT PUC❑ CNP❑ PREPAAER SIVAME DISPATCH NOTIFIED REVIEWER'S NAME DATE REVIEWED yyKR C3 NO N/A / J '..�4fA41: DESCFL�'11C11 OF OAMAGIS SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEHICLE _ OCCUPANTS L-AIR BAG DEPLOYED H I C HICaYCLE.HELMET 0-NOT EJECTED ® A•NONE IN VEHICLE ly•AIR BAG NOT DEPLOYED DRIVER 1-FULLY EJECTED B•UNKNOWN N-OTHER d-NO 2-PARTIALLY EJECTED C•LAPBELT USED P-NOT REQUIRED W-YES 3-UNKNOWN 1-DRIVER D-LAP BELT NOT USED 1 2 3 2 TO 6-PASSENGERS E-SHOULDER HARNESS USED PASSENGER 4 5 6 T-STATION WAGON REAR F-SHOULDER HARNESS NOT USED CHILD RESTRAINT X-NO G-LAP/SHOULDER HARNESS USED O•IN VEHICLE USED 8-REAR OCC TRK OR VAN H-LAP J SHOULDER HARNESS NOT USED: R-IN VEHICLE NOT USED Y•YES s-POSITION UNKNOWN -PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN 7 0-OTHER K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTORTRAFRC CONTROL DEVICES 1 2 3 TYPE OF VEHICLE 1 2 3 MOVEMENT PRECEDING IST NUMBER (a) OF PARTY AT FAULT COLLISION A VC SECTION VIO TED::\ ciao AcoNTROLS FUNCTIONING APASSENGER CAR/STATION WAGON ASTOPPEC 1 S� L`J u+ B CONTROLS NOT FUNCTIONING° B PASSENGER CAR W/TRAILER B PROCEEDING STRAIGHT BOTHER IMPROPER DRIVING C CONTROLS OBSCURED C MOTORCYCLE h66A6TER— C RAN OFF ROAD DNO CONTROLS PRESENT/FACTOR• D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN C OTHER THAN DRIVER• TYPE OF COLLISION I IE PICKUP/PANEL TRUCK W/TRAILER E MAKING LEFT TURN D UNKNOWN• HEAD-ON I IF TRUCK OR TRUCK TRACTOR F MAKING U TURN E FELL ASLEEP B SIDESWIPE I IGTRUCK/TRUCK TRACTOR W/TRLR I IGBACKJNG REAR END H SCHOOL BUS H SLOWING/STOPPING WEATHER( MARK 1 TO 21TEMS) D BROADSIDE I OTHER BUS I PASSING OTHER VEHICLE ACLEAR E HIT OBJECT J EMERGENCY VEHICLE J CHANGING LANES BCLOUDY F OVERTURNED I(MGHWAYCONST.EOUIPMENT 1(PARKINGMANEUVER C RAINING VEHICLE/PEDESTRIAN L BICYCLE L ENTERING TRAFFIC D SNOWING IH OTHER•: MOTHER VEHICLE M OTHER UNSAFE TURNING E FOG/VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH INPEDESTRIAN I IN XING INTO OPPOSING LANE F OTHER•: ANON•COLUSION MOPED PARKED G WIND PEDESTRIANP MERGING LIGHTING C OTHER MOTOR VEHICLE TRAVELING WRONG WAY A DAYUGHT . D MOTOR VEHICLE ON OTHER ROADWAY OTHER ASSOCIATED FACTOR(S) OTHER*: B DUSK•DAWN E PARKED MOTOR VEHICLE 1 2 3 (MARK 1 TO2ITEMS) CDARK-STREETLIGHTS IF TRAIN Aycs6cnONVIOLATION:, pn0 D DARK-NO STREET LIGHTS BICYCLE L2.���- N- NO DARK•STREET LIGHTS NOT ANIMAL: B vc SECTION vqunoN: aTic FUNCTIONING• [3'. ROADWAY SURFACE O. SOBRIETY•DRUG A DRY I RXED OBJECT: Cye s[ noN vau .0 1 2 3 (MARK 1Y TOAL ITEMS) B WET OTHER OBJECT: E3mO NAD NOT BEEN DRINKING C SNOWY•ICY D D SLIPPERY(MUDDY,OILY,ETC.) E VISION OBSCUREMENT: B HBD-UNDER INFLUENCE F INATTENTION•: HBD-NOT UNDER INFLUENCE' ROADWAY CONDITIONS) UNDO-IMPAIRMENT UNKNOWN PEDESTRIANS INVOLVED G STOP a GO TRAFFIC (MARK 1 TO 2ITEMS) H ENTERING/LEAVING RAMP E UNDER DRUG INFLUENCE A NO PEDESTRIAN INVOLVED F IMPAIRMENT-PHYSICAL A HOLES,DEEP RUT• CROSSING IN CROSSWALK I PREVIOUS COLLISION IMPAIRMENT NOT KNOWN B LOOSE MATERIAL ON ROADWAY• B AT INTERSECTION UNFAMILIAR WITH ROAD IH NOT APPLICABLE C OBSTRUCTION ON ROADWAY• K DEFECTIVE VEH.EQUIP.: q�p CROSSING IN CROSSWALK-NOTDES I SLEEPY/FATIGUED D CONSTRUCTION•REPAIR ZONE ATINTERSECTION ❑No SPECIAL INFORMATION E REDUCED ROADWAY WIDTH ID CROSSING-NOT IN CROSSWALK: L UNINVOLVED VEHICLE AHAZARDOUS MATERIAL �FLDED• INROAD-INCLUDES SHOULDER: OTHER GER•: NOT IV ROAD NONE APPARENT HNUSUAL CONDITIONS APPROACHING/LEAVING SCHOOL BUS 10 RUNAWAY VEHICLE .ETCH MISCELLANEOUS 15 _.__.. rracatsNoamr i SSS PAGE 2( Rev 188)OPI 042 AGE _Orc%U34cN —,�,;� "TIME fes. NG Nu L /P '/0 1 .2 t ... L - � � OFFICERi�t :�' i �—. ')r ONE - WONE TYPE SUPKEW.NTALC7rAPPL4A8W /J )IARRATrvE �COLUSION REPORT ® NAUPDATE ® FATAL 0 MITA RUN UPDATE \\ SUPPLEMENTAL L0 OTNEFt o HAZARDDUSMAT00AL8 ® 8DN0OL8W � OTHEFt GTYICOUNTYf 70 STRICT �- REPORTING DISTRICTf GTATp1tNUMBEfl LOCATION/SUBJECT . STATE;Z;WAYPELATED YES NO 1. eve 6. s. 10. c -e L/ (-r P,� rZ4 '�Z 11. Z.G L z rzk773 /7— ? idtTT " t e c c- i2 19 3 t. 4. 7`0 7a--i AGF /` C�c c� �""a cJ i c'G c / } 6x0o'ef 1-e j'�!//Ty as"" T .I IMONTH/DAYJYEAR `Ell /r/ 56(Rev.7-87)OPa 042 .... ._.. .. 87 45312 WITNESSES / PASSENGERS PAGE ' SfSION TIME(IA00)� NCIC NUMBER OFFICER IA. NUMBER EXTENT OF INJURY( "X" ONE) INJURED WAS( "X" ONE) VITNESS PASSENGER AG6BE7! PARTY BEAT SAFETY ELECTED OM Y ONLY FATAL SEVERE OTHER VISIBLE COMPLAINT NUMBER POS. EOUP. INJURY INJURY INJURY OP PAIN DRIVER PABB. PED• BICYCLIST OTHER tt ❑ ❑ ❑ [� ❑ (� ❑ ❑ ❑ ❑ Z UME/D.O.S./ADDRESS TEIEP ;p 66 JARED ONLY)TRANSPORTED BY: / i TAKEN tn: scweawJURlEs VICTIM OF VIOLENT CRIME NOTIFIED # / ❑ ❑ ❑ ❑ ❑ 10 10101 ❑ 101 ME/D.O.B.I ADDRESS TEIEPNONQ G f LURED ONLY)TRANSPORTED BY: TAKEN TO: >CRISE INJURIES 0 VICTIM OF VIOLENT CRIME NOTIFIED Z 1 ❑ 1010101 ❑ ❑ --/ 'E/O.O.B./ADDRESS - - TEL PHONE V-/Z ,RED ONLY)TRANSPORTED BY: '-" TAKEN TO: :FlBE INJURIES ' ❑ VICTIM OF VIOLENT CRIME NOTIFIED ;E 10.0.4!ADDRESS TELEPHONE ,RED ONLY)TRANSPORTED BY: TAKEN TO: :'RISE INJURIES . VICTIM Of VIOLENT CRIME NOTIFIED � ❑ ❑ ❑ ❑ ❑ I ❑ I ❑ ❑ I ❑ I ❑ E/D.O.B./ADDRESS TELEPHONE iRED ONLY)TRANSPORTED BY: TAKEN TO: .RISE INJURIES ❑ VICTIM OF VIOLENT CRRMS NOTIFIED :10.D.8.l MIDDRese TELBPNOHB ED ONLY)TRANSPORTED BY: TAKEN TO: .. n68 BIJURIEB ❑ VICTIM OP VIOLENT CRIMS NOTIRED gs"NAME D.NUMBER M0. DAY YfiM REVIEWERS NAME MO. DAY YfA , ._.. ..........- .,.._ _.. ...._. hr. 555- age 3(Rev - 87 AlA9N P 4 Injury Collision 93-4506 Page 5 NOTIFICATION: On Wednesday, 10-27-93 at,approximately 0959 hours, I received information regarding a major injury collision in the area of Marina Vista and SR 680. , I responded from Pacheco Blvd. and Center Ave. and arrived. at approximately 1005 hours. All times, speeds and measurements are approximate.,. Measurements were done by rollatape. SCENE: In the area of Marina Vista and SR :,680, is a four-lane roadway divided by double solid lines, , (yellow. ) The posted speed limit is 35 mph and the roadway runs east. and westbound. The area is located in an industrial area: with the closest cross street being Shell Ave. , , which was west of the POI. At the POI and between SR 680 northbound onramp and Shell Ave. , there is an approximate 1121 ' raised railroad track that runs north to southbound. The aforementioned was indicated on page 2 of this 's report under roadway conditions, checked other, railroad tracks. At the time of the collision; there was no adverse visibility weather conditions and all signs. 'and markings were were in good condition. VEHICLES: .vehicle #1, (Honda) had briefly left the scene and was, subsequently, stopped by MPD patrol unit and returned to the scene. Vehicle #1 was observed with ' no vehicle damage that could be associated with vehicle #2 (Honda motorcycle.) : The owner of -vehicle #1, (LAWRENCE) was' dentified through j her valid California driver, s .license and as the driver of her vehicle by her statements Vehicle #2, (Honda motorcycle) , was observed on its right side facing eastbound at its. point 'of rest, (south shoulder of the roadway.) : Vehicle #2 was observed with minor damage to the right front fender, scraping=.the paint and cracking. . Also, a right rear mirror, which was : disengaged., and broken and severe gouging and scraping of the lower.engine casing, right side crash bars and foot peg and rest. Party #2, (HUFJJLER.) , was observed'' ,being treated by Regional Ambulance at the-:scene, ',and was, subsequently, identified through his ..,.California . -driverIS license and as the driver of vehicle #2 by his statements. .93-4506. Page 6 PHYSICAL EVIDENCE: The .point of impact was observed to be in the #2 lane, eastbound Marina vis.ta, • approximately. 71101, north of the south curbline of Marina Vista and approximately 2j10ths of a mile east of the east curbline of Shell Ave. Prior to the point of impact, was observed vehicle . #2 Is . black wheel skids which were approximately 3013" of rear wheel skids which, -subsequently, ended at the point of impact and then continued onto the scraping and gouging marks in the roadway which were matched with vehicle #2, as to be approximately 75,9" and this continued to the point. of rest . . i which was at the south curb of Marina Vista at the shoulder. The visual documentation of the gouge marks in the roadway surface, clearly appeared to match the gouging and scraping of the crash bars and engine casing indicated on the right 'side of vehicle #2. INJURIES: Party #2, (MUELLER) , had obvious abrasions of his right and left arms, including his right and left hands. He also complained of left shoulder pain.. STATEMENTS: The following .is a summary of statements from the following.- witness ollowing:witness #1, McKee indicated that he was eastbound in the #2 lane of Marina Vista, approximately 201 , to 251 _ behind vehicle #2, (Honda motorcycle) . He observed vehicle: #1, . (burgundy Honda) , in the #1 lane parallel with . the aforementioned motorcycle. He observed the burgundy Honda veer right.into the-#2 lane in front of vehicle #2, . which he indicated'? from his '.-location, to be approximately 61 to 71 in front of the motorcycle. He observed no turn indicators on vehicle #1,-,(burgundy Honda.) This, apparently, i caused vehicle #2;_. (Honda`motorcycle) ;to.brake..heavily,,;;as witness #1, McKee', : observed : the brake.., lights.,' a =.on :; the motorcycle. Witness 41, McKee,;. then ;,observed :vehicle: motorcycle; ) skid briefly and then.collide with-the roadway:surface and continue to . slide a . great > distance until the:, rider,:was effected••from the motorcycle: :: witness #1,-McKee,:::.-indicated that,.he'felt that vehicle #1, . (Honda) ,. cut the-motorcycle-offas the vehicle moved from the #1:.lane to ..the #2 .lane without;`indicating. any turn with a signal. STATEMENT: Party #2, (MUELLER) Indicated that he was traveling at 93-4506 Page 7 or about 25 to 30 mph in the #2 lane eastbound on Marina Vista. He then felt that he was cut off by vehicle #1, ••(burgundy Honda) who turned right in front of his ,,vehicle as he was parallel with same. Party #2, (MUELLER) actually: felt that. there was contact made, but indicated that he braked heavily and, subsequently, lost control of his motorcycle and collided with the roadway', surface. Party #2, (MUELLER) indicated that he see any turn indicators on vehicle #1, (burgundy Honda) at the time':of the lane change. Party #1, (LAWRENCE) , indicated _ that she was eastbound on Marina Vista in the #1 lane, taking the back road to Pittsburg. She indicated that she, along with her patients, were just driving along when she observed something to her right, and as she slowed and looked to her right, she observed party,; #2 on his vehicle, skidding next to her vehicle, and, subsequently; colliding.,with the roadway surface. Party #1, (LAWRENCE) indicated at no time did she change lanes or attempt to change lanes from the #1 to the #2 lane and felt that she did not cause the.collision. witness. #2, Pride, a passenger. of party #11 'indicated that she was in the right -front passenger`;'seat; when*, she observed the motorcycle skidding and, subsequently, falling to the. roadway surface. They were in the #1 lane and the motorcycle was in the #2 lane. Witness #2, Pride, said that she did not" feel that they had changed lanes in front of the motorcycle and that party #1 did not cause the collision. OPINIONS AND CONCLUSIONS: It: appears through .independent witness #1, McKee's statement and party #2, Mueller's statement that party #2 was eastbound in the #2 lane of Marina Vista at or about 25 or 30 mph, when vehicle #1, (burgundy Honda) , driven by party #1, L , (LAWRENCE) , was in the #1 lane, eastbound Marina Vista parallel with party #2. Party #1, . (LAWRENCE) apparently, veered into the right lane and cut off `,party #2, in.violation;of 21658 (a) of the Vehicle Code with an associated factor of 22107,,,VC, : causing party #2 to lose control of .vehicle: #2, who,;: subsequently, went into a locked wheel skid and then lost control, . Stiiking ' the roadway f surface. . , 1 POI. POI was determined h 93-4506 .Page 8 the roadway as 7 10" north of a the South wheel skids and gouge marks in and 2J10ths of `a mile east of the east curbl ne o curbline of Marina Vista RECO :!the f Shell Ave. Nene. -..;, Note: Part citation #354566 :for 'no : #1' (LAWRMCB) was issued proof of financial �res 1 scene of the accident, pons�b�l� ty at the E. Moffett #78 'dfw 11-4-91 p 4' t t .. OTATE s ' t t ' c•a't,.-°`� S t r Y .r 0 i t r t 41.. Q IAEA r .v 88 48667 n ' "`fes c .1ON 001 -`' t.LETS e .-4012 7/93 m 10:20: 18 quence No: 0153 RPOOO. IV rE: 10/27/93 TIME: 10:16 G VALiD FROM: 03!26!93 TO 4$!26/94: rl 0: 1251940 YRMD :90 MAKE:HOLND BTM :RS VIN : 1HFS('.2245'Ua0D274 0 :MLELLEI: ROBERT F, OR LORRAINE M, 1373 HILT014 )NE FY:WA-LNGT CREEK C.C. :07 ZIP#:94596 1.11,:OC/00/30 RCID- :07/01/93 OCID: 10/14/92 . Lc}-Dc3 E:DlG-#:.Itr22E2206989 PE:21 POl'i R:G VEei :22 BODY: O CLAS:AZ *-YR:92 - EARANCE IjIFCRMATION RECORDS FICE WORK DAT.; . TECH/ID SEQ # VA WJE. FICKE DPII':: . TrC : 9 11/07/91 H9 0046 00301.00 CO/(l!3/DO ADO 0',/21/91 . 34 0819 00267 .00 CO/00/00 POT 9 0', /21/91 E0 0003 CO2,13.00 CO/(I'/DO H05 i: * i:0/%2/9.1 25 0023 C0339.00 CO/0.)/00 F00 4.` C,6../22/93 07 _0394 00110.00 CO/U:/00 POT I , #gj w r Y E. 1 - r L (�f ){ tr 0 tiq l•• 1 W W� 61 ode l,•m+. i 1 f,�,Cl�f 4+F'Yv iW *11 - a J"— — ION 001 `j "t.LETS 10/27/93 YAC': 11:05:04 ruence No: 0171 :RP000.ID TE: 10-27-93*TIME: 11:01* V RECORD FOR LAW ENFORCEMENT USE ONLY /NO:Y0742493*B/D:09-06-25*NAME:MUELLER ROBERT FRED* S/ADDR: AS OF 08-05-88:1373 -MILTON AVE WALNUT CREEK 9596* 'H/ADDR AS OF 09-10-76 :1373 MILTON AVE WALNUT CFXEK ZNTIFYING INFORMATION: X:MALE*HAIR:BROWN*EYES:BRN*HT:6-01*WT:220* C/ISS:07-19-88*EXP/BD:96*RBM1*CLASSIC NON—COMMERCIAL M1 MOTORCYCLE* ~TEST APF: TYPE:CORRECTION*ISS/DATE: 08-05-8'8*OFFICE: . WCR*BATE5: 096* STR:MUST WEAR CORRECTIVE LENSES WHEN DRIVING, CENSE STATUS: VALID* ,PARTMENTAL ACTIONS: )NE )NVICTIONS: ... _v... )NE JLURES TO APPEAR: _ ,NE 'CIDENTS: )NE dD i W r c� W a 0 O 0 �� � n � CD -5 CD ✓� t -5 O m � o oo�, f• '0 7 V 6a i „ CLAIM 1 . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 15 , 1994 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 th 'Bear-d=o -SupeT'(I�,q r (Paragraph IV below), given pursuant IL�O G�e� � i*bd Mount: Unknown Section 913 and 915.4. Please note 6Y ' `Warnings". LLAIMANT:RU$INS , Rachel JAM! 2 7 ATTORNEY:The Law Offices of .Steven L. Weiner COUNTY COUNSEL . Date received MARTINEZ,CALIF. ADDRESS: 2355 San Ramon Valley Blvd. BY DELIVERY TO CLERK ON January 26 , 1994 Ste. 208 San Ramon, CA 94583 'BY MAIL POSTMARKED: January 25 , 1994 Certified Mail P 779 326 812 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached. is a copy of the above-noted claim. H puLy DATED: a tall ReLOR , Clerk ) .I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( j This claim complies substantially with Sections 910 and 910.2 ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and i+e 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:, ti e .' z 110 5 `/ BY: �` Deputy County Counsel .III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By �t�. (eca.��Q Q,.,v� , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *for additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the United tates sial Service in Martinez, California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. r Dated: BY: PHIL BATCHELOR Dy L,L. O a Deputy Clerk LC: County Counsel County Administrator ;I E EIVED2 61994 OF SUPERVISORS COSTA CO. CERTIFIED MAIL - RETURN RECEIPT REQUESTED To: County of Contra Costa Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 CLAIM The Law Offices of Steven L. Weiner hereby present this Claim to the County of Contra Costa pursuant to Section 910 of the California Government Code. 1. The name and post office address of the Claimant is: Rachel Rubins, 400 Vernal Drive, Alamo, CA 94507. 2. The post office address to which Rachel Rubins desires notice of this Claim to be sent is as follows: c/o The Law Offices of Steven L. Weiner, 2355 San Ramon Valley Boulevard, Suite 208, San Ramon, California 94583. 3. On September 9, 1993, Rachel Rubins was riding her bicycle in front of the property located at 1127 Livorna Road, in the unincorporated area of Alamo, County of Contra Costa, State of California. As Claimant rode her bike over the road surface, there was a sudden drop off causing Claimant to be thrown from her bicycle and suffer personal injuries and damage as a result of her lawful use of said road. The area was dangerously defective constituting an unreasonably high risk of harm to Claimant. The property as described herein was improperly and negligently designed, constructed, repaired, inspected and maintained. Said dangerously defective condition proximately caused Claimant's injuries and damages. 4. As a result thereof, Claimant suffered injuries and facial lacerations and has suffered physical, mental and emotional injuries. 5. So far as is known at the time of filing this Claim, Claimant has incurred general and special damages in an unknown amount. Jurisdiction of this matter will rest in the Superior Court. DATED: January Zq , 1994 LAW OFFICES OF STEVEN L. WEINER By: STEVEN L. WEINER Attorneys for Claimant Law Offices of STEVE; ra:XX . ENER A N D A . .: . i...':!A T E S Date: January 25, 1994 To: Contra Costa County Board of Super isors 651 Pine Street, Rm. 106 Martinez, CA 94533 RE: Claim of RACHEL RUBINS ENCLOSURE: Claim REQUESTED ACTION: These are furnished for the purpose designated below: ( ) Your signature and return in the enclosed envelope. ( ) Filing. ( ) Filing and return of endorsed filed copies. ( ) Signature of the Court, filing of original and return of endorsed filed copies. ( ) Recording and return to the undersigned. ( ) Also enclosed is our check in the amount of$ to cover your fees. Kindly return your receipt. ( XX) Please conform and return copies to our office in the self—addressed stamped envelope enclosed herein. Very truly yours, LAW OFFICES OF STEVEN L. WEINER B. . (�ncSTEVEN L. WEINER SLW:vc 2355 SAN RAMON VALLEY BLVD.,SUITE 208 • SAN RAMON,CA 94583 TELEPHONE:510838-7510 • FACSIMILE:510838-8429 ) d t a tp �oNOWd,6 N v5 55 £z 9p2 30 Me1 g , APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA 4 - BOARD ACTION FEBRUARY 15 , 1994 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note th D ARNIDTG fie'1.- � Claimant:ISAACS, Jack 15 tl U Attorney: Kerry M. Gough `AN. 2 6 Gough &=Cohen Address: 160 Franklin St . , Ste 200 COLWYCOUIVSEL Oakland, CA 94607 MARTINEZ,CALIF. Amount: Unspecified By delivery to Clerk on Jnn„ar�z _5 � 1gg4 Date Received: January 25 , 1994 By mail, postmarked on January 24, 1994 5 481 I. FROM: Clerk of the Board of Supervisors ;Ml* County Counsel Attached is a copy of the above noted Application to File Late Claim. r DATED: Q PHIL BATCHELOR, Clerk, By Deputy , ) Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (� The Board should deny this Application to File Late Clai (Section 911 6). DATED: ACTOR WESTMAN, County Counsel, t`- Deputy U III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) . ( )f This Application is granted (Section 911.6). {�) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. nn DATE PHIL BATCHELOR, Clerk, By .a..V 0� Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. IV. FROM: Clerk of the Board -TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: PHIL BATCHELOR, Clerk, By Deputy V, FROM: 1 County Counsel 2 County Administrator 70: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM F9ilE® 1 KERRY M. GOUGH, State Bar No. 39966 1W4GOUGH & COHEN2 The London Building at Jack London SquareCLERK BOARD of suP�RviSORs 160 Franklin Street, Suite 200 CONTt:4 CF STA CO. 3 Oakland, California 94607 .JFK 4 (510) 832-5800 Attorneys for Claimant •t�' 5 BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS 6 7 8 JACK ISAACS, ) 9 Claimant, ) APPLICATION TO COUNTY OF CONTRA COSTA FOR LEAVE TO 10 V. ) PRESENT LATE CLAIM ON BEHALF OF JACK ISAACS 11 COUNTY OF CONTRA COSTA, ) 12 Respondent. ) 13 ) 14 TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA 15 COSTA: 16 1. Application is hereby made pursuant to Government 17 Code Section 911.4 for leave to present a late claim founded 18 on a cause of action for dangerous condition of county 19 Property, to wit, certain portions of Stone Valley Road, east 20 of IS680. The dangerous condition caused an accident which 21 severely injured claimant, Jack Isaacs, an oral surgeon. The 22 accident occurred on March 8, 1993, and for reasons which are 23 Presented hereinafter, the claim was not presented within the 24 six month period provided by Government Code Section 911.2 . 25 2 . A claim was filed against the County of Contra Costa 26 on October 1, 1993, six months and 23 days following the 27 accident. The claim is timely on its face, based upon the 28 erroneous recitation of an accident date of April 8, 1993, which error arose from Dr. Isaac's recollection that the 1 accident occurred on 4-8-93 rather than on 3-8-93 as discussed 2 further below. A copy of the claim which was presented and 3 filed and which has been routinely denied for reasons other i 4 than lateness is attached hereto as Exhibit 1. A copy of the 5 proposed claim, with the correct accident date, is attached as 6 Exhibit 2 . 7 3 . The failure to present this claim within the six 8 month period specified by Section 911.2 of the Government Code 9 was through mistake, inadvertence and excusable neglect of 10 Jack Isaacs, and the County of Contra Costa was not prejudiced 11 by this failure as more particularly shown in the attached 12 declaration of Kerry M. Gough and Jack Isaacs, claimant. 13 4. This application is being presented within a 14 reasonable time after the accrual of this cause of action, as 15 more particularly shown by the attached declarations of Kerry 16 M. Gough and Jack Isaacs. 17 5. Jack Isaacs was injured on March 8, 1993. He was 18 under the impression that he had one year to bring an action 19 for his injuries. Dr. Isaacs was struck from the rear on the 20 portion of Stone Valley Road just east of IS 680, as Stone 21 Valley eastbound traffic is reduced from two lanes to one in a 22 very short distance. Dr. Isaacs is not a highway engineer, has 23 no knowledge of proper standards of highway design, and had 24 not been advised that he had a viable claim against the 25 owners/designers of the, northbound IS 680 offramp to east 26 bound Stone Valley Road. He was unaware that if there,were 27 such a viable cause of action, a claim had to be filed within 28 six months of the date of the accident. Due to the press of -2- I his business as an oral surgeon, and due to his excusable 2 mistake and inadvertence in assuming that he had one year to 3 present a claim, and ignorance of the viability of a claim 4 against a public entity, he did not speak to an attorney about 5 this matter and his injury until September 20, 1993, 6 approximately six months and 12 days after the accident 7 occurred. The attorney to whom he spoke was Fred Remer. Mr. 8 Remer, who does not do personal injury work, contacted the 9 undersigned, Kerry M. Gough, on September 20, 1993 to ask Mr. 10 Gough to telephone Dr. Isaacs with regard to his injury and 11 possible claim. 12 6. Gough met with Dr. Isaacs on September 27, 1993. 13 When Gough and Dr. Isaacs met, Isaacs repeatedly referred to 14 the date of the accident as having occurred in the fourth 15 month, that is 4-8-93, rather than the third month, that is 16 March, 1993 . Interestingly, in conversations with Mr. Gough's 17 paralegal, Donna McMahon, Dr. Isaacs again referred to the 18 occurrence of the accident as 4-8-93, rather than 3-8-93 and 19 has furthered that error--i.e. , referring to April as the 20 fourth month--even when discussing this matter with counsel in 21 December, 1993, upon counsel's discovery when reading medical 22 records that the accident must have occurred in March, 1993 . 23 There was no police report of the accident. It appears that 24 Dr. Isaacs has a habit of mixing the third month and the 25 fourth month, and inadvertently and erroneously calls March 26 the fourth month. 27 7. Thus, when the undersigned met with Dr. Isaacs on 28 September 27, 1993, the undersigned was informed that the -3- 1 action had occurred on April 8, 1993. No police report had 2 been made and thus there was no way to verify the happening of 3 the accident from a police report. In discussions with Dr. 4 Isaacs, counsel advised him of the possibility of a claim 5 based upon the dangerous condition of the highway. The 6 undersigned assumed that the six month filing period would 7 expire on October 8, 1993 and by certified mail filed a claim 8 on October 1, 1993, which would have been timely had the 9 actual accident date been April 8, 1993 . 10 8. Thus, the claim was filed approximately 23 days late. 11 In view of the filing of the claim so close to the last date, 12 there is no prejudice that can be reasonably asserted by the 13 County for the late filing and the County should exercise its 14 discretion to allow amendment of the claim on its face to 15 state the correct date, March 8, 1993, and to accept the claim 16 notwithstanding its being late. 17 WHEREFORE IT IS RESPECTFULLY REQUESTED that this 18 application be granted and that the claim on attached as 19 Exhibit 2 be filed, or in the alternative, that the claim 20 currently on file be amended on its face to reflect the actual 21 date of the accident, March 8, 1993, and that the County allow 22 the amended claim to be presented and remain on file, 23 notwithstanding that it was inadvertently filed late. 24 Dated: January 18, 1993 GOUGH COHEN 25 26 By: KERRY M. GOUGH 27 Attorney for Claimant 28 kg\isaacs\petn -4- 1 SEP 23 '93 16:17 P.2/3 • Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRCTCTIONS 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 10 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 94533• 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. � � � * �► �► * * � � � � eeee * e � * ee * � e � � * ee � * gee * � � e � ee � RE: Claim ByReser.ved-for--Clerk's--filings p JACK C. ISAACS UCT - 1 1993 Against the County of Contra Costa or ) U "i P_ 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 $ unspecified and in support of this claim represents as follows: Exceeds $10,000 and is ins erior court urisdiction '_. When did the damage -or injury occur? (Give exact date and hour) April 8,1993, at approximately 5 :3C p.w. 2. Where did the damage or injury -occur? (Include city and county) Unincorporated area of the County of Contra Costa, Stone Valley Road, approximately 50-75 feet east of the stop sign at the end of the Stone Va I 1 @ in-it ramp from northbound IS-680., _ 3.. How did the damage or injury occur? (Give full details; use extra paper if required) The driver of the vehi-cle behind claimant rear-ended claimant at the place indicated in #2 above. See attachment hereto. 4. Mint particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See attachment hereto, (over) SEP, 23 193 16:17 ( P.3/"3 . 5. What are the names of county or district officers, servants or employees causing the damage or injury? Unknown. '6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Full extent of injuries or damages is not yet known. However, claimant suffered injury to his neck and back with consequential injury and damage to nerves and extremitif 7. How was the amunt clamed above computed? (Include the estimated amountofany prospective injury or damage.). The exact amounts have not yet been ascertained. Severty of injury and damages exceed $25, 000 . 00 8. Names and addresses of witnesses, doctors and hospitals. The claimant' s investiga- tion is still pending. Contact claimant' s attorney for doctors and hospitals. This information, names of doctors and hospitals, is not required to perfect a claim under the government code. 9. . List the expenditures you made on account of this accident or injury: DATE :TEM AMOUNT This information will be provided in discovery, should litigation proceed. This information isnot required under the government code in order to perfect a claim. Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorne or by some person on his behalf." Name and Address of Attorney KERRY M. GOUGHCl GOUGH & COHEN a t t s Signature c1 160 Franklin Street Suite 200 160 Franklin Street Ste 200 Oakland, CA 94607 Address Oakland, CA 94607 Telephone No. 510-832-5800 Telephone No. 51n R�� SRnn 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. Y I ATTAC ME NT As a result the acts and omissions of the County of Contra Costa and its employees and agents, the section of Stone Valley Road just east of the off-ramp from northbound IS-680 is dangerous and poses unreasonable risk of injury to motorists exercising due care. The danger rises from the fact that in a very short distance Stone Valley Road is reduced from two lanes to one lane. In addition the stream of traffic at this point from the off-ramp is introduced. Thus, a total of three lanes of traffic merge into one eastbound lane. As a result of this funneling of traffic from three lanes to one lane in a distance which does not meet reasonable design standards, the traffic bottlenecks, and is forced to come to sudden halts, resulting in numerous rear-end accidents, including claimant's accident. The County and its agents and employees failed to erect the proper warning signs and other regulatory measures to advise the motorists of the suddenly slowing or stopping traffic. Absence of signs was one cause, but not the sole cause of the dangerous condition. The condition constitutes a trap for a motorist utilizing the roadway ..in a reasonable fashion in that traffic suddenly halts without adequate prior warning. When Stone Valley Road was widened at or about the IS-680 overpass, a third lane `for merging traffic was eliminated. This change was not reasonable, violated design standards and created a dangerous condition of public property. If the widening and funneling features were designed, such designs were not reasonable and the designs could not have been reasonably approved. If in fact the design of this roadway was properly approved, conditions have changed substantially since the time of the design in that traffic volume has increased tremendously, creating an extremely dangerous condition of rapidly moving, merging traffic in an area which is not adequate to provide for safe merging. Dated: September 30, 1993 . GOUGH & COHEN By: ./-7 KERRY M. GOUGH Attorneys for Plaintiff SEP 23 111=3 16:17 P.2/3 Ciaim to: BOARD OF SQPERMSORS OF CONTRA COSTA COUNTY IMMMONS TO a AIMAI4'I' A. Claims relating to causes of action for death or for injury to person or to penr- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not late.. 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 Roan 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 foam. RE: Claim By ) .Rese_ryed---or7:Clerk's filing statap JACK C. ISAACS ) } Against the County of Contra Costa } or ) District) Fill in name 5 ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of unspecified and in support of this claim represents as follows: Exceeds $10,000 and is in sumerior court jurisdiction 1, . When did the damage -or injury occur? (Give exact date and hour) MArch'�­�8 1993,: at approximately 5:30� p.w. 2. Where did the damage or injury occur? (Include city and -county) Unincorporated area of the County of Contra Costa, Stone Valley Road, approximately 50-75 feet east of the stop sign at the end of the Stone a i l mg- =act _. i_- rte. from northbound_IS-680.,.x. 3. How did the damage or injury occur?. (Give. full details;. use extra paper if required) The driver of the vehicle behind claimant rear-ended claimant at the place indicated. in #2 above. See attachment hereto. 4. . What particular act or omissica on the part-, of county or. district officers, servants or employees=caused, the. injury or damage?:. See attachment Hereto'. '-ti over)"" i ,hw. t ' SEF? 23 '93 16:17 ° ( - P.3/3 5. What are the names of county or district offimrs, servants or employees causing the damage or injury? Unknown. '6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Full extent of injuries or damages is not yet known. However, claimant suffered injury to his neck and back with consequential injury and damage to nerves and extremitiE 7. flow was the amount claimed above computed? (Include the estimated amount of any prospective injury or damaSe.). The exact amounts have not yet been ascertained. Severty of injury and damages exceed $25, 000. 00 8. Names and addresses of witnesses, doctors and hospitals. The claimant' s investiga- tion is still pending. Contact claimant's attorney for doctors and hospitals. This information, names of doctors and hospitals, is not required to perfect a claim under the government code. 9. List the expend_tu_^es you made on account of this accident or injury: DATE ITS AMOUNT This information will be provided in discovery, should litigation proceed. This information is not required under the government code in order to perfect a claim. 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 ,_L ,!�' " KERRY M. GOUGH C f - c,' --� GOUGH & COHEN is Signature 160 Franklin Street . Suite 200 160 Franklin Street Ste 200 Oakland, CA 94607 Address Oakland,, CA 94607 e3ephorte No. 510-832-5800 Telephone No. 5�n Rai SRnn ea e � � seess " * gee NOThCE 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, bi11 . account, voucher, or� writing,. is punishable either by imprisonment in the county jail for a period:. of, not- more:-than:ane.:year,,. by a fine of not exceeding . one thousand ($1,000),.,or, by- both. such imprisonment and fine, or by imprisonment in the state: prison,. by a,:fine of`not- exceeding,,ten-thousand dollars ($10,000,-or by both-such,. imprisonment-and: fine. r k --�'--'^-.-- -. r "..m. ATTACSMENT As a result the acts and omissions of the County of Contra Costa and its employees and agents, the section of Stone Valley Road just east of the off-ramp from northbound IS-680 is dangerous and poses unreasonable risk of injury to motorists exercising due care. The danger rises from the fact that in a very short distance Stone Valley Road is reduced from two lanes to one lane. In addition the stream of traffic at this point from the off-ramp is introduced. Thus, a total of three lanes of traffic merge into one eastbound lane. As a result of this funneling of traffic from three lanes to one lane in a distance which does not meet reasonable design standards, the traffic bottlenecks, and is forced to come to sudden halts, resulting in numerous rear-end accidents, including claimant's accident. The County and its agents and employees failed to erect the proper warning signs and other regulatory measures to advise the motorists of the suddenly slowing or stopping traffic. Absence of signs was one cause, but not the sole cause of the dangerous condition. The condition constitutes a trap for- a motorist utilizing-' the roadway . in, a reasonable fashion in that traffic suddenly halts without adequate prior warning. - When Stone. Valley Road was widened at or about the IS-680 overpass, a thirdlane for merging traffic was eliminated. This change was not reasonable, violated design standards and created a dangerous condition of. public property. If the widening- and funneling. features were designed, such designs were not. reasonable: and. the designs could not have been v yr reasonably approved. If in fact the design of this roadway was properly approved, conditions have changed substantially since the time of the design in that traffic volume has increased tremendously, creating an extremely dangerous condition of rapidly moving, merging traffic in an area which is not adequate to provide for safe merging. Dated: September 30, 1993. GOUGH & COHEN Hy: KERRY M. GOUGH Attorneys for Plaintiff 1 KERRY M. GOUGH, State Bar No. 39966zz'F RECEIVED GOUGH & COHEN 2 The London Building at Jack London Squa u�12� ' 160 Franklin Street, Suite 200 �ra� 3 Oakland, California 94607 (510) 832-5800 CLERK BOARD OFSURERVISORS 4 �� CONT��:A COSTA CO. Attorneys for Claimant tQa 5 gyp, 6 BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS 7 8 JACK ISAACS, ) 9 Plaintiff, ) DECLARATION OF KERRY M. 10 ) GOUGH IN SUPPORT OF V. ) APPLICATION TO FILE A LATE 11 ) CLAIM COUNTY OF CONTRA COSTA, ) 12 ) Defendants. ) 13 ) 14 I, Kerry M. Gough, declare: 15 1. I am an attorney duly licensed to practice law in the 16 State of California and am the attorney for Jack Isaacs, DDS, 17 in his claim for injuries sustained as a result of a dangerous 18 condition of county property, to wit, a portion of Stone 19 Valley Road just east of Interstate 680 in Contra CAta 20 County. 21 2 . Jack Isaacs, was injured on March 8, 1993, in the 22 vicinity of the offramp and the merging lanes of Stone Valley 23 Road just east of Interstate 680. 24 3. On September 20, 1993 Dr. Isaacs called Fred Remer, 25 an attorney who was handling some business matters, and 26 informed him of the accident, his deteriorating medical 27 condition, and asked about what he could do legally to obtain 28 recovery for his injuries. Mr. Remer immediately called me, 1 and left a message that I should call Dr. Isaacs. 2 4. On September 20, 1993 or within a day thereafter, I 3 called Dr. Isaacs and an appointment was set up for September 4 27, 1993. 5 5. On September 27, 1993, I met with Dr. Isaacs at his 6 office, and we thereafter had lunch and discussed his case. 7 At all times, Dr. Isaacs told me that his accident had 8 occurred on 4/8/1993. He had been rearended by another 9 vehicle in the eastbound section of Stone Valley Road, just 10 east of the offramp from northbound IS 680, where Stone Valley 11 Road merges from two lanes to one. At the time Dr. Isaacs 12 spoke to me, he had never been advised that he possibly had a 13 viable claim against a governmental entity based upon the 14 dangerous condition of the roadway. He was ignorant of the 15 six month claim filing statute of limitations. 16 6. In preparing to file his government code claims 17 against the County of Contra Costa, my paralegal, Donna 18 McMahon, talked to Dr. Isaacs and at all times Dr. Isaacs told 19 her the date of the accident was 4/8/1993. 20 7• Inasmuch as the six month period would run on October 21 8, 1993, assuming an injury of April 8, 1993, the undersigned 22 immediately has a government code claim prepared and sent by 23 certified mail to the County of Contra Costa, which County 24 received the claim on October 1, 1993, less than six months 25 after April 8, 1993 . 26 8. In reviewing Dr. Isaacs' preliminary medical records 27 in December, 1993, counsel discovered entries of treatment for 28 March, 1993, thus alerting counsel for the first time that -2- 1 there was a problem in the dates of the accident. Counsel 2 immediately called Dr. Isaacs and throughout the conversation, 3 Dr. Isaacs continued to refer to the accident as happening in 4 the fourth month. Thus it became apparent to me that Dr. 5 Isaacs habitually and erroneously thinks of March as the 6 fourth month, rather than the third month, habit. lead to his 7 informing me that the accident had occurred on April 8th 8 rather than March 8, 1993 . The statement in his claim that 9 the accident occurred on April 8, 1993, was thus a 10 inadvertent, the result of Dr. Isaacs's confusion. 11 9. Inasmuch as a claim was filed with the County of 12 Contra Costa within 23 days of the date it should have been 13 filed, no reasonable argument can be made that the County has 14 been prejudiced by the late filing. Any investigation which 15 the County may desire to make with regard to this claim has 16 not been prejudiced in that there have been no changes to the 17 road since the occurrence of the accident and no other events 18 have occurred which would prejudice the County's ability to 19 investigate and defend against the claim of Dr. Isaacs. Under 20 these circumstances, the law requires that the late claim be 21 allowed. See Ebersol v. Cowan (1983) 35 Cal. 3d 427 [late 22 claim allowed where claimant was not experienced in courts or 23 personal injury claims, was ignorant of the law relating to 24 claims against public entities, did not know that the claim 25 filing period existed and had expired, and was unrepresented, 26 by any attorney before this six months expired] . 27 I declare under penalty of perjury under the laws of the 28 State of California that the foregoing is true and correct. -3- 1 Executed this 18 day of January, 1994 in Oakla California. 2 zz� ERRY M. GOUGH 3 -4- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 KERRY M. GOUGH (SB Number 39966) GOUGH & COHENr"'gig RECEIVED 2 The London Building at Jack London Square Tu. 160 Franklin Street, Suite 200 3 Oakland, California 94607 A 2 5ism (510) 832-5800 4 CLERK BOARD OF SUPERVISORS Attorneys for Plaintiff COIVTs'A COSTA CO. 5 / BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS , 8 JACK ISAACS, ) NO. 9 Plaintiff, ) DECLARATION OF JACK ISAACS, 10 ) DDS, IN SUPPORT OF V. ) APPLICATION. TO FILE A LATE 11 ) CLAIM . COUNTY OF CONTRA COSTA, ) 12 ) Defendants. ) 13 ) 14 I, Jack Isaacs, declare and state: 15 1. I am an oral surgeon, and practice in the City of 16 Fremont, California. 17 2 . On March 8, 1993 I was involved in an accident on 18 Stone Valley Road just east of Highway 680. 19 3. I have repeatedly thought of the accident as 20 occurring in the fourth month. In reviewing records and 21 discussing this matter with my attorney, I realize that I have 22 repeatedly and inadvertently referred to March as the fourth 23 month rather than the third month. Thus, I have referred to 24 the accident as happening on 4/8/93 rather than the correct 25 date of 3/8/93 . 26 4. Until I met with Mr. Gough on September 27, 1993, I 27 had never been advised that I had a viable claim against any 28 governmental entity for the dangerous condition of the roadway. I was ignorant of the legal requirement that a claim 1 had to be filed against a governmental entity within six 2 months of the date of the accident. I was under the 3 impression that I had one year from the date of the accident 4 to file a lawsuit based upon the accident. When I met with 5 Mr. Gough on September 27, 1993, he informed me that he had to 6 act rapidly in that a claim had to be filed by October 8, 7 1993, based upon his understanding that the accident occurred 8 on April 8, 1993. A claim was in fact timely filed on October 9 1, 1993 . 10 5. I am untrained in the law, have not been involved in 11 an accident litigation previously, and believe that I have 12 sustained severe and debilitating injuries as a result of this 13 accident. I do not believe that I should be penalized for my 14 error as to filing deadline for that reasons that: 15 a. I did not speak to counsel about my accident 16 until September 20, 1993, which was more than six months after 17 the accident; 18 b. I was not represented by counsel until 19 September 27, 1993 ; only upon meeting with Mr. Gough and 20 discussing the traffic conditions on Stone Valley Road was I 21 advised that I might have a viable claim against the County or 22 the State for the dangerous condition of the highway. 23 C. There was no police report from which the 24 correct date of the accident could readily be ascertained. 25 d. No prejudice will be worked upon the County in 26 that when my claim was filed, it was only 23 days late. 27 Conditions of the roadway did not change in that short period 28 and the ability of the County to investigate the accident or -2- 1 to locate witnesses has not been impeded at all by a mere 23 2 day late filing. 3 Wherefore, I respectfully request that the Board of 4 Supervisors grant my Application for Leave to File a Late 5 Claim, allow the claim attached to the Petition as Exhibit 2 6 to be presented and filed, or in the alternative, amend my 7 filed claim on its face to read March 8, 1993 instead of April 8 8, 1993, and allow it to be presented and filed, 9 notwithstanding its lateness. 10 I declare under penalty of perjury that the foregoing 11 statement is true and correct. Executed at Fremont, 12 California on this day of January, 1994. 13 14 JAdK ISAACS, DDS 15 16 17 18 19 20 21 22 23 24 25 26 27 28 kg\isaacs\petn -3- GOUGH & COHEN A PROFESSIONAL LAW CORPORATION THE LONDON BUILDING AT JACK LONDON SQUARE KERRY M.GOUGH 160 FRANKLIN STREET,SUITE 200 FROM SOUTH COUNTY CALL: BARBARA M.COHEN OAKLAND,CALIFORNIA 94607 (510)784-0262 (510)832-5800 FACSIMILE: (510)832-4601 TRANSMITTAL MEMORANDUM Date: January 24, 1994 To: Clerk of the Board of Supervisors County Administration Building RECEIVED 651 Pine Street, Room 106 Martinez, CA 94553 °k 2 5 1994 From: Kerry M. Gough, Attorney at Law Subject: Claim by Jack C. Isaacs, DDS E CONTER4 08 A co SOBS ATTACHED/ENCLOSED: 1) APPLICATION TO CONTRA COSTA COUNTY FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF OF JACK ISAAACS. 2) DECLARATION OF KERRY X. GOUGH IN SUPPORT OF APPLICATION TO FILE A LATE CLAIM. 3) DECLARATION OF JACK ISAACS IN SUPPORT OF APPLICATION TO FILE A LATE CLAIM. ACTION REQUESTED: For Your Information For your review, approval; and return'. X Please file and return endorsed-filed copy to us in the enclosed stamped, self-addressed envelope. Other: Thank You. GOUGH AND COHEN LP D v � C' v ��,0 a a Q � o � CD a Nm 00 a G u, p o m `" O w o 00 Nom. i rh p m �U) 5-Z (D Ctq v5 a rt m r N� l 4 P('L� C� ,�,i•1St C'iG�agG 9, CLAIM a� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements; ) NOTICE TO CLAIMANT FEBRUARY .15, 1994 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 .y the Board of Supervisors (Paragraph IV below), given pursuant t �Tr -11 M (� Amount: Unknown Section 913 and 915.4. Please note allR' a i V L5 CLAIMANT: FERNANDES , Robert W. 2 4 FERNANDES , Sally Jo JM ATTORNEY: Fred M. Duman & Associates Date received COUNTY COUNSEL ADDRESS: 2807 Castro Valley Blvd. BY DELIVERY TO CLERK ON January 2.1,..-�.-'�I� CALIF. Castro Valley, CA 94546 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp B DATED: Ball Deputy OR, Clerk .11. FROM: County Counsel TO: Clerk of the Board of Supervisors (A This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: .w Z y L1 BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County WfniWfitrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (� This Claim is refected 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. r' Dated� ,➢ (S.\qQ^PHIL BATCHELOR. Clerk. By �� _ . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the axil to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today I deposited in the UnitedCates stal Service in Martinez, California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. pp l Dated• BY: PMlI BATCHELOR OyOr� _ lr ,,�0,. J Deputy Clerk CC: County Counsel County Administrator `11� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT FEBRUARY 15 , 1994 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 Supenviso,F (Paragraph IV below), given pursua 9ve - mKnt0Co_-?'y'1 Amount: Unknown Section 913 and 915.4. Please not Q1 •WI—rh�ngs". CLAIMANT:FERNANDES , Robert and FERNANDES;, Sally Jo 26M ATTORNEY:Law Offices of Fred M'. Duman and Associates COUNTY COUNSEL 2807 Castro Balley Blvd. Date received MARTINEZ,CALIF ADDRESS: Catro Valley, CA 94546 BY DELIVERY TO CLERK ON Janijary 24 , _L994 BY MAIL POSTMARKED: Januar; 21 , 1994 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH Bg DATED: 9 BUIL Depuiy OR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel 111. FROM: Clerk of the Board ' TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present ( ) 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 minutes for this date. b Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or ideposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING .1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ,f CLAIM AGAINST COUNTY OF CONTRA COSTA RECEIVED A. NAMES AND ADDRESS OF CLAIMANTS: ROBERT W. FERNANDES `M 2I W4 SALLY JO FERNANDES . 5075 Double Point Way CLERK BOARD OF SUPERVISORS Byron, CA 94514 CONT:-,4 COSTA CO. HAND DEUVERED B. ADDRESS TO WHICH NOTICES SHOULD BE SENT: Law Offices of Fred M. Duman and Associates 2807 Castro Valley Boulevard Castro Valley, California, 94546 Telephone (510) 537-3388 C. DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: 1. The date and place of the occurrence giving rise to this claim is July 23, 1993 at 5075 Double Point Way, Byron, CA 94514 . 2. The circumstances giving rise to this claim are as follows: Claimants have rented and resided at 5075 Double Point Way, California since July of 1993. On July 23, 1993, at approximately 7: 30 a.m. , several armed officers of the Contra Costa County Sheriffs Department, as well as several federal agents and other police agencies, forcibly entered the claimant's residence, ostensibly pursuant to a search warrant issued by Chief Magistrate Judge F. Steele Langford, of the United States District Court, Northern District. Claimant SALLY JO FERNANDES was awakened by the officers' early morning intrusion, and attempted voluntarily allow the offending authorities to enter the subject premises. However, after she requested that officers wait a moment and before she could adequately clothe herself, several officers kicked in the Fernandes' front door. After throwing SALLY JO FERNANDES against a wall, and briefly showing her a search warrant, the officers proceeded to ransack and damage the claimant's home, purportedly in order to locate spent ammunition shells from a certain March, 1993, shooting incident allegedly occurring at the subject premises. The truth of the matter is that ROBERT W. FERNANDES and SALLY JO FERNANDES were in no way connected to the March, 1993 incident, as they had begun renting the premises as of July, 1993 . More importantly, the Contra Costa Sheriffs Department had previously conducted a full investigation after the March 1993 shooting incident, and had previously contacted Ms. Sharon Franco, the owner of the premises, in regards to said March 1993 incident. Ms. Franco not only cooperated fully with the Sheriffs Department's initial investigation, but also specifically informed members of the Contra Costa Sheriff's Department that the previous tenants had vacated the subject premises shortly after the March, 1993 shooting incident. In addition, not only had the Contra Costa Sheriffs Department already recovered several spent bullets during its initial investigation, the Department's previous contact with Ms. Franco had already established the availability of any additional information or cooperation without the need for the July 23 , 1993 forcible intrusion of the subject premises. Contra Costa County Sheriffs Department violated California Penal Code, Section 1531, due to their participation in the July 23, 1993, destruction of the 5075 Double Point Way premises. Specifically, Penal Code § 1531 .authorizes officers to break open any outer or inner door, or window of a house, or any part of a house, or anything therein, in order to execute a search warrant, only if, after giving notice of their authority and purpose, the officers are refused peaceful admittance. Claimant, SALLY JO FERNANDES did not refuse to admit the police on July 23, 1993. Mrs. Fernandes informed the officers, who failed to clearly communicate their identities and their purpose, that she needed a few moments to attempt to adequately clothe herself before opening her door. However, before she could do so, the front door was kicked in by several armed individuals, severely frightening Mrs. Fernandes. Contra Costa County Sheriffs Department not only failed to comply with Penal Code § 1531, but also violated the underlying purpose of the statute, namely the preservation of an individual 's privacy via assuring him/her the opportunity to cooperate with the officer's peaceable execution of the search warrant. Claimants were never given the opportunity to cooperate with the intruding authorities, particularly, given the claimants' non-involvement with the circumstances underlying the officer's search warrant. The officers negligently caused damage to the Claimants as noted below. 2 D. DESCRIPTION OF INJURIES AND LOSSES CLAIMED: 3. The offending authorities, in the course of their search, demolished the entire front door and frame, overturned furniture, cut holes in several walls, ceilings and the garage, pulled out cabinets, ripped out insulation, damaged carpets, and otherwise completely wrecked the premises. In addition, a half-dressed, extremely shaken, Mrs. Fernandes was involuntarily confined and interrogated for almost four hours despite the fact that the sought after evidence had already been collected, until it was confirmed that the Fernandes' were in no way connected to the earlier shooting incident, both facts of which the Sheriffs Department was already constructively aware, along with the fact that the previous tenants were no longer occupying the premise. 4. Claimants ROBERT W. FERNANDES and SALLY JO FERNANDES, at the date of the filing of this claim, have incurred damages and injuries listed as follows: (a) Attached hereto as Exhibit "A" is an itemized professional contractor's estimate listing the exact property damages attributable to the Sheriffs department's participation in the destruction of the Double Point Way premises. Claimant will suffer additional damages by virtue of the loss of use of their home as a result of these damages. (b) Mr. and Mrs. Fernandes have suffered extreme mental distress due to the callousness and incompetence displayed by the guilty authorities in regards to the July 23 destruction of their home, in addition to the damage done to their residence and personal possessions. (c) In particular SALLY JO FERNANDES remains traumatized by this inexcusable incident, when she was awakened early in the morning, on July 23, 1993, by several individuals brandishing weapons, who violently forced their way into her home, and involuntarily restrained her for several hours while they decimated the residence searching for evidence that had, for the most part, been previously recovered by those same intruding authorities. (d) Further, the Fernandes' have been made to feel insecure in their own residence, and were unnecessarily embarrassed and humiliated in front of their neighbors due to the needless presence of police vehicles during the incident. The damage done to their community standing, in itself, is immeasurable. (e) As a proximate result of the said acts and negligence of the members of the Sheriff's Department, SALLY JO FERNANDES was injured in her health, strength and activity, sustaining injury to her body, shock and 3 injury to her nervous and mental system and person, all of which said injuries have caused and continued to cause her great mental, physical and nervous pain and suffering. Claimants believe that said injuries will result in some permanent disability to SALLY JO FERNANDES. (f) As a further proximate result of the said negligence and acts of the members of the Sheriff's Department, SALLY JO FERNANDES was required to and did employ physicians and other professionals to examine, treat, and care for her, and she did incur medical and incidental expense. The exact amount of such expense is unknown to Claimants at this time, and Claimants will amend this claim to set forth the exact amount thereof when the same has been ascertained. (g) As a further proximate result of the negligence and acts of the members of the said Sheriff's Department, Claimants were prevented from attending to their daily activities and duties and employment, resulting from loss of wages and further damages. The exact amount of said damages is unknown to Claimants at this time. Claimants will amend this claim to set forth the exact amount when. the same is ascertained by them. E. NAMES OF PERSONS OR EMPLOYEES CAUSING INJURIES, LOSS AND DAMAGES: 5. Claimants do not know the names of the employees of Contra Costa County who were involved with the July 23 , 1993 incidents, resulting in the damages and injuries sustained by Claimants. F. AMOUNT CLAIMED: 6. This claim, as of the date of its submission is in an amount which would place it within the jurisdiction of the Superior Court, the exact amount of which is unknown at this time. Dated: , OBERT W. F ANDES, Claimant Dated• SALLY J ANDES,YClaimant FMD/j y 3\fmd\fernandes.ccc 4 n A90 CSSTRUCTION z L%?, UNLIMITED August 4, 1993 'Mr. & Mrs. Furnandes 5075 , Double Point Way Byron, CA 94514 Mr. & Mrs. Furnandes, The fallowing billing is for emergency work at 5075 Double Point Way. Rosecure front door , so that it could be used. Total Amount Duo .Emorgency $46.60 If you should have any quest i ons l please f anal free to contact ma. Sincerely, . Dennis Owner DJSr ps f 1942 Dolphin Place • Byron, California 94514 • Lic. No. 401569 • Phone (415)634-0118 EYBIBIT "A" 1 of 3 dhSTRUCTION UNLIMITED August 4, 1993 Mr. & Mrs. Furnandes 5075 Double Point Way - Byron, CA 94514 Dear Mr. & Mrs.. Furnandes, Silva 's Construction Unlimited, is pleased. to submit the following estimate to repair damage to home at 5075 Double Point Way, Byron as fallowst 1 . Replace damaged front entry door , sidelites, Jambs, and lockset complete. Existing custom stained glass unit would be more costly to repair. $4,389.00 2. Reinstall two ceiling crawl hole covers, in- cluding plywood broken loose above one open- ing. 36.00 3. Replace sheetrock where holes were cut out in garage, kitchen , entry, hall , loft , and master closet. Tape, . top, and texture to match. $ 240.00 4. Pull back attic insulation where coiling sheet- rock patches accure then relevel after patch areas are complete including leveling other areas .dist urbed by officers. $. 43.00 5. Replace one set of broken vertical blinds (loft) allowance to furnish and install unit. 2U0. 00 6. Replace one window screen. * 32.00 7. Replace broken roof tiles as needed. 150. 00 8. Reinstall one hindge on garage door removed while looking .for a bullet. 15.00 9. Paint all areas of work listed above as needed. Each wall or ceiling to the nearest breaking point including washing and priming of all areas where black felt pen marks were left. !c 385.00 10. Stain and finish front door unit complete. a 175.00 11 . Clean up , cartage of dibris, and dump fee 's. 1942 Dolphin Place • Byron, California 94514 • Lic. No. 401569 • Phone (415)634-0218 EXr-IIBIT "A" 2 of 3 Mr. & Mrs. Furnandes - Cat. Cont. Page 2 August 4, 1993 Sub Total $59777.00 20% Contractors Fees +l s 1 JJs4C� Total Amount Of This Estimate $69932.40 If you should have any questions regarding this estimate, please feel free to contact me. Si cerel y, Dennis J. Si va, Owner DJSIps Please Notei This estimate is good for 30 days from the above date. EXHIBIT "A" 3 of 3 CLAIM AGAINST COUNTY OF CONTRA COSTA A. NAMES AND ADDRESS OF CLAIMANTS: 1 RECEIVED ROBERT W. FERNANDES SALLY JO FERNANDES A 2 4 1994 5075 Double Point Way Byron, CA 94514 CLERK BOARD OF SUPERVISORS CONTE.A COSTA CO. B. ADDRESS TO WHICH NOTICES SHOULD BE SENT: Law Offices of Fred M. Duman and Associates 2807 Castro Valley Boulevard Castro Valley, California, 94546 Telephone (510) 537-3388 C. DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: 1. The date and place of the occurrence giving rise to this claim is July 23, 1993 at 5075 Double Point Way, Byron, CA 94514. 2 . The circumstances giving rise to this claim are as follows: Claimants have rented and resided at 5075 Double Point Way, California since July of 1993. On July 23, 1993, at approximately 7: 30 a.m. , several armed officers of the Contra Costa County Sheriffs Department, as well as several federal agents and other police agencies, forcibly entered the claimant's residence, ostensibly pursuant to a search warrant issued by Chief Magistrate Judge F. Steele Langford, of the United States District Court, Northern District. Claimant SALLY JO FERNANDES was awakened by the officers' early morning intrusion, and attempted voluntarily allow the offending authorities to enter the subject premises. However, after she requested that officers wait a moment and before she could adequately clothe herself, several officers kicked in the Fernandes' front door. After throwing SALLY JO FERNANDES against a wall, and briefly showing her a search warrant, the officers proceeded to ransack and damage the claimant's home, purportedly in order to locate spent ammunition shells from a certain March, 1993 , shooting incident allegedly occurring at the subject premises. The truth of the matter is that ROBERT W. FERNANDES and SALLY JO FERNANDES were in no way connected to the March, 1993 incident, as they had begun renting the premises as of July, 1993 . More importantly, the Contra Costa Sheriffs Department had previously conducted a full investigation after the March 1993 shooting incident, and had previously contacted Ms. Sharon Franco, the owner of the premises, in regards to said March 1993 incident. Ms. Franco not only cooperated fully with the Sheriffs Department's initial investigation, but also specifically informed members of the Contra Costa Sheriff's Department that the previous tenants had vacated the subject premises shortly, after the March, 1993 shooting incident. In addition, not only had the Contra Costa Sheriffs Department already recovered several spent bullets during its initial investigation, the Department's previous contact with Ms. Franco had already established the availability of any additional information or cooperation without the need for the July 23, 1993, forcible intrusion of the subject premises. Contra Costa County Sheriffs Department. violated - California Penal Code, Section 1531, due to their participation in the July 23, 1993, destruction of the 5075 Double Point Way premises. Specifically, Penal Code § 1531 authorizes officers to break open any outer or inner door, or window of a house, or any, part of a house, or anything therein, in order to execute a search warrant, only if, after giving notice of their authority and purpose, the officers are refused peaceful admittance. Claimant, SALLY JO FERNANDES did not refuse to admit the police on July 23, 1993 . Mrs. Fernandes informed the officers, who failed to clearly communicate their identities and their purpose, that she needed a few moments to attempt to adequately clothe herself before opening her door. However, before she could do so, the front door was kicked in by several armed individuals, severely frightening Mrs. Fernandes. Contra Costa County Sheriffs Department not only failed to comply with Penal Code § 1531, but also violated the underlying purpose of the statute, namely the preservation of an Iindividual 's privacy via assuring him/her the opportunity to cooperate with the officer's peaceable execution of the search warrant. Claimants were never given the opportunity to -cooperate with the intruding authorities, particularly, given the claimants' non-involvement with the circumstances underlying the officer's . search warrant. The officers negligently caused damage to the Claimants as noted below. 2 D. DESCRIPTION OF INJURIES AND LOSSES CLAIMED: 3. The offending authorities, in the course of their search, demolished the entire front door and frame, overturned furniture, cut holes in several walls, ceilings and the garage, pulled out cabinets, ripped out insulation, damaged carpets, and otherwise completely wrecked the premises. In addition, a half-dressed, extremely shaken, Mrs. Fernandes was involuntarily confined and interrogated for almost four hours despite the fact that the sought after evidence had already been collected, until it was confirmed that the Fernandes' were in no way connected to the earlier shooting incident, both facts of which the Sheriffs Department was already constructively aware, along with the fact that the previous tenants were no longer occupying the- premise. 4. Claimants ROBERT W. FERNANDES and SALLY JO FERNANDES, at the date of the filing of this claim, have incurred damages and injuries listed as follows: (a) Attached hereto as Exhibit "A" is an itemized professional contractor's estimate listing the exact property damages attributable to the Sheriffs department's participation in the destruction of the Double Point Way premises. Claimant will suffer additional damages by virtue of the loss of use of their home as a result of these damages. (b) Mr. and Mrs. Fernandes have suffered extreme mental distress due to the callousness and incompetence displayed by the guilty authorities in regards to the July 23 destruction of their home, in addition to the damage.done to their residence and personal possessions. (c) In particular SALLY JO FERNANDES remains traumatized by this inexcusable incident, when she was awakened early in the morning, on July 23, 1993, by several individuals brandishing weapons, who violently forced their way into her home, and involuntarily restrained her for several hours while they decimated the residence searching for evidence that had, for the most part, been previously recovered by those same intruding authorities. (d) Further, the Fernandes' have been made to feel insecure in their own residence, and were unnecessarily embarrassed and humiliated in front of their neighbors due to the needless presence of police vehicles during the incident. The damage done to their community standing, in. itself, is immeasurable. (e) As a proximate result of the said acts and negligence of the members of the Sheriff's Department, SALLY JO FERNANDES was injured in her health, strength and activity, sustaining injury to her body, shock and 3 injury to her nervous and mental system and person, all of which said injuries have caused and continued to cause her great mental, physical and nervous pain and suffering. Claimants believe that said injuries will result in some permanent disability to SALLY JO FERNANDES. (f) As a further proximate result of the said negligence and acts of the members of the Sheriff's Department, SALLY JO FERNANDES was required to and did employ physicians and other professionals to examine, treat, and care for her, and she did incur medical and incidental expense. The exact amount of such expense is unknown to Claimants at this time, and Claimants will amend this claim to set forth the exact amount thereof when the same has been ascertained. (g) As a further proximate result of the negligence and acts of the members of the said Sheriff's Department, Claimants were prevented from attending to their daily activities and duties and employment, resulting from loss of wages and further damages. The exact amount of said damages is unknown to Claimants at this time. Claimants will amend this claim to set forth the exact amount when the same is ascertained by them. E. NAMES OF PERSONS OR EMPLOYEES CAUSING INJURIES, LOSS AND DAMAGES: 5. Claimants do not know the names of the employees of Contra Costa County who were involved with the July 23, 1993 incidents, resulting in the damages and injuries sustained by Claimants. F. AMOUNT CLAIMED: 6. This claim, as of the date of its submission is in an amount which would place it within the jurisdiction of the Superior Court, the exact amount of which is unknown at this time. Dated: OBERT W. FkAWANDES, Claimant Dated: SALLY J F ANDES, Claimant FMD/jy 3\fmAfernandes.ccc 4 Ago CSSTRUCTION 3z V,& UNLIMITED August 4, 1993 Mr. & Mrs. Furnandes 5075 Double Point Way ®yrong CA 94514 Mr. & Mrs.' Furnandes, The following billing is for emergency work at 5075 Double Point Way. Resecure front door, so that it could be used. Total Amount Dun Emergency $46.6O If you should have any questions, please feel free to contact me. Sincerely, Dennis J. Skii Owner DJSeps 1942 Dolphin place • Byron, California 94514 • lic. No. 401569 • Phone (415)634-0118 EXHIBIT "A" 1 of 3 ' ASTRUCTION UNLIMITED August 41 1993 Mr. & Mrs. Furnandes 5ta75 Double Point Way Byron, CA 94514 Dear Mr. & Mrs. Fernandes, Silva ' s Construction Unlimited, is pleased to submit the following estimate to repair damage to home at 5075 Double Point Way, Byron a* follows 1 • Replace damaged front entry door , sidelites, Jambs, and lockeet complete. Existing custom ' stained glass unit would be more costly to repair. #49369.00 2. Reinstall two ceiling crawl hole covers, in- cluding _plywood broken loose above one open- ing. Z 36.00 3. Replace sheetrock where hopes were cut out in garage, kitchen, entry, hall , loft , and master closet. Tape, top, and texture to match. ; 240. 00 4. Pull back attic insulation where ceiling sheet- rack patches aaccure than relevel after patch areas are complete including leveling other areas disturbed by officers. * 45.00 5. Replace one set of broken vertical blinds (loft) allowance to furnish and install unit. 2u0.00 6. . Replace one window strewn. a 32.00 7. Replace broken roof tiles as needed. $ 150.00 S. Reinstall one hin4ge on garage door removed whiles looking for a bullet. i 15.00 9. Point all areas of work listed above as needed. Each wall or calling to the nearest breaking point including washing and priming of all areas where black felt pen marks were left. a 385.00 10. Stain and finish front door unit complete. * 175.00 11 . Clean up, cartage of dibris, and dump fee 's. 1942 Dolphin Place a Byron, California 94514 • lic. No. 401569 v Phone (415)634-0218 EXgIBIT "A" 2 of 3 , Mr. & Mrs. Furnandes - Est. Cont. Page 2 August 4, 1993 Sub Total $5,777.00' 20% Contractors Fee 's Total Amount Of This Estimate $6,932.40 If you should have any questions regarding this estimate►, please feel free to contact me. Si cerel y, Dennis J. Si va, Owner DJSt ps Please Notei Thal s- esti mat• to good for 30 days from the above date. EXHIBIT "A" 3 of 3 PROOF OF SERVICE BY MAIL (CCP 1013a, 2015.5) Alameda County Municipal Court Case No. C26132 I, the undersigned, declare: 1. I am a citizen of the United States and I am employed in the County of Alameda, State of California. I am over the age of 18 years and not a party to the above-entitled cause. My business address is 2807 Castro Valley Boulevard, Castro Valley, County of Alameda, California. 2. I am familiar with the practice of the Law Offices of Fred M. Duman & Associates for collection and processing of correspondence for mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United States Postal Service the same day it is submitted for mailing. On January 21, 1994 , I served the within: CLAIM AGAINST COUNTY OF CONTRA COSTA on the interested parties to said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Castro Valley, California, addressed as follows: CONTRA COSTA BOARD OF SUPERVISORS ATTN: Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez , California 94553 I declare under penalty of, perjury, under the laws of the State of California,. that the foregoing is true and correct. Executed on January 21, 1994, at Castro Valley, California. ON L. DUMAN { m wF N ,LO ' R U, •J V.1 14-4 O ro Lo 44 f0 M L('1 Q W 0 N 8 � � W a,¢n Q m Q W W > Q o C,~n 04 0� Q w