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MINUTES - 01181994 - 1.13
1 . j3 1 . APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT JANUARY 1$, 1994 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 Goverment Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: DYER, Tina Attorney: Lori Costanzo, Esq . Address: 50 California St . , Ste . 3220 San Francisco , CA 94111 Amount: $10,000.00 + By delivery to Clerk on December 28, 1993 Date Received:December 28 , 1993 By mail, postmarked on December 27 , 1993 Certified Mai 1 P 842 284 120 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATID:_� �,,. ,-9.14 93 PHIL BATCHELOR, Clerk, By S . 06 , Opp, �) 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 LateCla (Section 11.6). DATED: ZQ,/TVICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors r&eseftt (Check one only) ( ) This Application is granted (Section 911.6). (✓) This Application to ,File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: PHIL BATCHELOR, Clerk, By , , (128 Deputy 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 frcm 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 thel.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 LINDA SCAP• ' • Law Offices U • Law Offices of Linda M. Scaparotti Linda M. Scaparotti Lori J. Costanzo December 27, 1993 Contra Costa Board of Supervisors 651 Pine St., Rm. 106 Martinez, CA 94553 Re: Dyer v. State of California To Whom It May Concern: Enclosed please find claim for personal injuries in the above matter. Please return one date-stamped or endorsed as received copy in the enclosed envelope. Thank you. Very truly yours, SUSAN GOLDBERG Office Manager SG:sf Encl. sxa\brown\dy rclaim.ccs San Francisco office: 50 California Street, Suite 3220, San Francisco, CA 941 1 1 415-434-9600 fax 415-434-9339 East Bay office: 1611 Telegraph Avenue, Suite 1200, Oakland, CA 94612 510-268-8404 fax 415-434-9339 1 LAW OFFICES OF LINDA M. SCAPAROTTI LINDA M. SCAPAROTTI, ESQ. (/96992) 2 LORI J. COSTANZO, ESQ. (#142633) 50 California Street, Suite 3220 3 San Francisco, CA 9411.1 4 (415) 434-9600 5 Attorneys for Claimant TINA DYER �ECEO��® 6 DEC 2 81993 7 CLERK CBOARD A�OF CO- 8 8 9 10 Claim of TINA DYER, ) 11 ) Plaintiff, ) APPLICATION FOR LEAVE TO 12 ) PRESENT LATE CLAIM ON BEHALF V. ) OF TINA DYER, CLAIMANT 13 ) (SECTION 911.4 OF THE STATE OF CALIFORNIA; CONTRA ) GOVERNMENT CODE) 14 COSTA COUNTY; DOES 1 through 50, ) 15 inclusive, ) 16 Defendants. ) 17 18 To the STATE OF CALIFORNIA DEPT. OF SOCIAL SERVICES AND CONTRA COSTA 19 COUNTY MENTAL HEALTH DEPARTMENT: 20 21 1. Application is hereby made, pursuant to Government Code section 911.4, for leave to 22 present a late claim founded on a cause of action for personal injury which accrued on or 23 about February 12, 1993 for which a claim was not presented within the six-month period 24 provided by Section 911.2 of the Government Code. For additional circumstances relating to 25 the cause of action, reference is made to the proposed claim attached to this application. 26 2. The reason that no claim was presented during the period of time provided by Section 27 28 911.2 of the Government Code is that TINA DYER was both physically and mentally LAW OFFICES OF JNDA M.SCAPAROTTI 50 Calitamia Street Suite 3220 San Frar dsco,CA 94111 1 incapacitated during all of the six-month period specified by Section 911.2 for presentation of 2 the claim and by reason of this disability failed to present a claim during that period. 3 The failure to present this claim within the six-month period specified by Section 911.2 of 4 the Government Code was through excusable neglect and THE STATE OF CALIFORNIA 5 AND CONTRA COSTA COUNTY were not prejudiced by this failure, all as more 6 7 particularly shown by the attached declaration of LORI. J. COSTANZO. 8 3. This application is being presented within a reasonable time after the accrual of this cause 9 of action, as more particularly shown by the attached declaration of LORI J. COSTANZO. 10 11 WHEREFORE, it is respectfully requested that this application be granted and that 12 the attached proposed claim be received and acted on in accordance..with Sections 912.4-913 13 of the Government Code. 14 15 16 Dated: December 27, 1993 LAW OFFICES OF LINDA M. SCAPAROTTI 17 1 18 By: 19 LORI J. TANZO Attorneys for Claimant TINA DYER 20 21 22 NOTE: All notices or other communications with regard to this application should be sent to 23 24 the Law Offices of Linda M. Scaparotti, Linda Scaparotti, Esq. or Lori Costanzo, Esq. at 50 25 California Street, Suite 3220, San Francisco, CA 94111, 415-434-9600. 26 27 28 sxa\brown\dyrclaim.app LAW OFFICES OF IMA M.scnw►ROM - 2 - 50 California Street Suite 3M) San I'mcism,CA 94111 1 LAW OFFICES OF LINDA M. SCAPAROTTI LINDA M. SCAPAROTTI, ESQ. (/#96992) 2 LORI J. COSTANZO, ESQ. (##142633) 50 California Street, Suite 3220 3 San Francisco, CA 94111 4 (415) 434-9600 5 Attorneys for Claimant TINA DYER 6 7 8 9 10 Claim of TINA DYER, ) 11 ) Plaintiff, ) CLAIM FOR PERSONAL INJURIES 12 ) (GOVT CODE §910) V. ) 13 ) 14 STATE OF CALIFORNIA; CONTRA ) COSTA COUNTY; DOES 1 through 50, ) 15 inclusive, ) 16 Defendants. ) 17 18 To the CALIFORNIA STATE DEPT. OF SOCIAL SERVICES AND CONTRA COSTA 19 COUNTY MENTAL HEALTH DEPARTMENT: 20 21 YOU ARE HEREBY NOTIFIED that TINA DYER, whose address is 6115 San 22 Pablo Ave., Oakland, CA, claims damages from the STATE OF CALIFORNIA and 23 CONTRA COSTA COUNTY in an amount, computed as of the date of presentation of this 24 claim, in excess of $10,000. 25 This claim is based on personal injuries sustained by claimant on or about February, 26 27 1993, in the vicinity of Rocel's Board and Care Home, 6115 San Pablo Avenue, Oakland, 28 CA under the following circumstances: LAW OFFICES OF JNDA M.SCAFAHOTTI 50 California Street Suite 3220 San Francisco,CA 94111 1 On or about October 29, 1991, TINA DYER was placed in the Rocel's Board and 2 Care Home in Oakland as part of her probationary sentencing. She participated in several 3 programs including functions at Gladman Memorial Hospital Day Treatment and weekly 4 incest survivor's group and counseling sessions with a counselor. During a time period from 5 6 two months after she entered Rocel's until approximately February, 1993, she was repeatedly 7 physically assaulted, battered, sexually molested and abused by one of the mental health 8 counselors: ABDUL KAREEM ABDUT TAWINAAB. 9 In addition, upon information and belief, the public employees at Rocel's Board and 10 Care Home were previously warned and aware of Kareem's propensity to assault and 11 sexually batter other patients and failed to take any precautionary measures so as to prevent 12 future incidents from occurring. 13 14 The public employees not only failed to take any disciplinary action against Kareem 15 but they continued to allow this person to counsel and administer medication to patients 16 without any discipline or warning. In fact, Kareem continued to threaten and harass other 17 patients in addition to complainant, TINA DYER. 18 During the time in question, Ms. Dyer was Linder several disabilities, both mental and 19 physical. She was taking a number of various medications including but not limited to anti- 20 21 convulsant drugs due to her epileptic condition, and anti-depressant drugs. 22 The names of the public employees causing claimant's injuries Linder the described 23 circumstances are: 24 ABDUL KAREEM ABDUT TAWINAAB, Contra Costa County Mental Health Counselor, 25 the California State Dept. of Social Services and Community Care Licensing, and the 26 Supervisor for ABDUL TAWINAAB, whose name is currently unknown. 27 28 The causes of action against the public employees shall include: LAW OFFICES OF JNDA M.SCAPAROM - 2 - 5o 2 _5o Caidomia Street Suite 3220 San Francisco,CA 94111 1 Assault and Battery 2 Sexual Assault and Battery 3 Negligent and Intentional Infliction of Emotional Distress 4 Professional Negligence 5 Negligent Hiring and Supervision 6 7 Invasion of Privacy 8 Violation of Government Code Sections 820(a); 815.2(a) and Civil Code Sec. 43.93 9 The injuries sustained by claimant, as far as known, as of the dated of presentation of 10 this claim, consist of physical and psychological injuries. 11 Jurisdiction over the claim would rest in the Superior Court of Contra Costa County. 12 All notices or other communications with regard to this claim should be sent to the 13 14 Law Offices of Linda M. Scaparotti, Linda Scaparotti, Esq. or Lori Costanzo, Esq. at 50 15 California Street, Suite 3220, San Francisco, CA 94111, 415-434-9600. 16 17 Dated: becember 27, 1993 LAW OFFICES OF LINDA M. SCAPAROTTI 18 19 By: 20 LORI J. COSTANZO 21 Attorneys for Claimant TINA DYER 22 23 24 25 26 t 27 28 sxa\hrown\dyrchim.fnn LAW OFFICES OF ADA M.SCAPARorn _ 3 _ 50 California Street Suite 3220 San Francisco,CA 94111 1 LINDA M. SCAPAROTTI, ESQ. 2 LORI J. COSTANZO, ESQ. LAW OFFICES OF LINDA M. SCAPAROTTI 3 The Bank of America Building 4 50 California, Suite 32220 San Francisco, CA 94111 5 (415) 434-9600 6 Attorneys for CLAIMANT, TINA M. DYER 7 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 11 IN AND FOR THE COUNTY OF CONTRA COSTA 12 TINA M. DYER, ) No. 13 Claimant, ) DECLARATION OF LORI J. 14 ) COSTANZO IN SUPPORT OF V. ) CLAIMANT'S APPLICATION FOR 15 ) LEAVE TO PRESENT LATE CLAIM STATE OF CALIFORNIA; CONTRA ) 16 COSTA COUNTY; DOES 1-50, ) 17 Defendants. ) 18 19 I, LORI J. COSTANZO, DECLARE: 20 1. I 21 am an attorney duly admitted to practice before the Courts of the State of 22 California and am an associate in the LAW OFFICES OF LINDA M. SCAPAROTTI. I 23 am the attorney of record for claimant, TINA M. DYER. 24 2. I have personal knowledge of the matters set forth herein and if called upon as 25 a witness could competently testify thereto. 26 I. Upon information and belief, on or about October 29, 1991 Claimant was 27 28 placed, as part of her probation, in a residential board and care facility known as Rocel, LAW OFFICES OF INDA M.SCAPAROTTI 50 California Street Suite 3220 1 San Francisco,CA 94111 located at 6115 San Pablo Avenue, Oakland, CA. Two months after her placement claimant 2 was repeatedly sexually assaulted and molested by a County Mental Health Counselor, 3 4 Abdul-Kareem Abdut-Tawinaab. This counselor came to the facility and was in charge of 5 dispensing medication and providing therapy to the patients at the board and care home. 6 4. The abuse was not reported because of the fact that claimant was suffering 7 from both severe physical and mental disabilities which prevented her from discussing the 8 mistreatment with anyone. At the time, claimant had been diagnosed with chronic paranoid 9 schizophrenia and was taking a variety of prescribed medication -some of which to help 10 11 control the daily epileptic seizures she was having. In addition she was given anti-depressant 12 medication due to numerous suicide attempts and chronic depression. Further, the claimant 13 was under extreme physical threat and abuse by the counselor if she were to reveal to anyone 14 the sexual and physical abuse. 15 5. On or about February 17, 1993 she was contacted by her probation officer, 16 Charles Craig and she first revealed that she was being assaulted, sexually and physically 17 18 battered by her counselor. However, no other persons were notified and no one in 19 claimant's family knew what was going on. 20 6. On or about June, 1993 claimant's sister, Sandy Brown, became claimant's payee 21 and guardian, and began caring for claimant in her home in San Leandro. Claimant was still 22 suffering under said physical and mental disabilities and continues to be seen by a 23 psychiatrist, and is still taking at least eight (8) different medications. It was not until Ms. 24 25 Brown obtained the probation officer's written report of this incident, sometime in July, 1993 26 that she became aware of what had taken place at the board and home facility. She then 27 contacted my office regarding this incident, whereupon we undertook to prepare the claim 28 attached as Exhibit "A". LAW OFFICES of '-=A M.WAPARorn 50 California Street Suite 3220 2 San Francisco,CA 94111 1 7. Attached hereto as Exhibit "A" is a true and correct copy of Claimant's Claim 2 for Personal Injuries pursuant to Government Code Sec. 910. 3 4 8. Claimant filed an application for leave to present a late claim to Alameda 5 County. That claim was denied. In November 1993, I was informed by Alameda County 6 Risk Management Services that Abdul Kareem Abdut Tawinaab was not an Alameda County 7 employee. I immediately prepared and filed this claim. 8 9 I declare under penalty of perjury under the laws of the State of California that the 10 11 foregoing is true and correct of my own knowledge. Executed December 27, 1993 at San 12 Francisco, California. 13 14 15 LORI J. COS'T'ANZO 16 17 18 19 20 21 22 23 24 25 26 27 28 I sx:Ahrow n\dvreInim.dec LAW OFFICES OF JNOA M.SCAPAROTTI 50 California Steel Suite 3220 3 San Francisco,CA 94111 1 PROOF OF SERVICE BY MAIL 2 I, Susan Goldberg, declare: 3 4 I am, and was at all times herein mentioned, employed in the City and County of San 5 Francisco, State of California. I am over the age of 18 and not a party to the within action or 6 proceeding. My business address is 50 California Street, Suite 3220, San Francisco, CA 7 94111. On December 27, 1993, 1 served the following: 8 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM; CLAIM FOR 9 PERSONAL INJURIES; DECLARATION OF LORI J. COSTANZO IN SUPPORT OF CLAIMANT'S APPLICATION (Dyer v. State of California) 10 11 in a separate envelope for each of the persons named below, addressed as set forth immediately 12 below the respective names: 13 Secretary of State 455 Golden Gate Ave. 14 San Francisco, CA 94102 15 Contra Costa Board of Supervisors 16 6.51 Pine St., Rm. 106 Martinez, CA 94553 17 Each said envelope was sealed and with proper postage thereon fully prepaid at first-class 18 19 mail. 1 deposited.the same on the date set forth below, in a mailing facility regularly maintained 20 by the United States Post Office Department for the mailing of letters at my above-stated place 21 of business. 22 I declare under penalty of perjury that the foregoing is true and correct. 23 Executed on December 27, 1993, at San Francisco, California. 24 25 26 SUSAN GOLDBERG 27 28 LAW OFFICES OF JNDA M.SCMROrn 5o Caidomia sweet Suite 3220 San Frarcem.CA 94111 Go Q .6 CIA `tJSJ ( v OC? �< ; AD m� s trI .77 O N � V c 0 N s rA fi CC) N N t � co o- N d� �.1 v � o r L' O v Ga v o cf� 3 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 JANUARY 18 , 1994�r 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: $100,000. 00 Section 913 and 915.4. Please note all •Warninoi% CLAIMANT: SWAY, Jennifer ATTORNEY: Date received ADDRESS: 325 Silver Ave , BY DELIVERY TO CLERK ON December i27 , 1993 Richmond, CA 94801: BY MAIL POSTMARKED: December 23 , 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the';above-noted claim. eH g DATED: IJgro,,,,�1.�.. 02� . 1 �i 9 3 BYIL DepuLyLOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 1/S This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910!2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed: The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Z'�� /1 l 3 BY: / T Deputy County Counsel .III. FROM: Clerk of the Board TO: County Counsel (1) County Admi istrator (2) ( ). Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of •the Supervisors present ( tY This Claim is rejected in full. ( ) Other: I certify that this is a trueixnd correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By ,n . 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/in 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 penilty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and thatitoday 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: Coudty Counsel County Administrator LAL Claim lo: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa ) V. N i }mem-Fern ,yr� cc e CJ Ke n � � .DEC 2710 District) 176es i A-kr6qi0 Fill in name) ) CLERK BOARD OF SUPERVISORS I l( CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ n - and in support of this claim represents as follows: _ -------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) -L2;. �_---9, ,/I A __. ? _c� _-J�-�Q -9a- 2. Where did the damage or injury occur? (Include city and county) _-To P_ coo - Q 3. How did the damage or injury occur. (Give full tails, use xtra paper if eo required), Q h ec�r; r� G. 1 l j -7 /q 3 . ©n S I/ (-7,� 9 3 L 5 u(N a--io ( C 4-0 , ��� d -N-0 C�,- ro 0-* UA `�' \^CL6 A\"-( e�, --C,IZ:LA _\0 as-- --- -�'� --`- -Grp etx`-- _ ..I,PX. 4. What articular act or omis on on the t of count or district officers -Vv "I servants or employees caused the injury or y damage? `ta✓'°�� -ter 0. C . ,�,,� K em 5. What are the names of county or district officers, servants or employees causing the damage or injury? v i I ' , f�C�Q M S PC.c-�`ee-10 V ► PmeG 6. What damage .or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto da e. a U�_tajr-..l! __.i�s�.s -�_�.��_d�.� _Cis �_ --- u n+q e 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or.. damage.) bas e-J or 4k--Q- ,,n �,re-t *A,� C-'J e .�5 c Q. pig CO O-k d C)-P„Q,� 8. Names and addresses of witnesses, doctors and 'hospitals. n,, - i CA OM 80( Oril ------------------------------------------------------------------------------------- 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 on his behalf." Name and Address of Attorney S fir, Q o man ' Signat C (Ad ess � qN �o � - P-O s Telephone No. Te ep9- onId No. N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher,. or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. til a C� �9 d N �Q cS. C,a o� (00 v _ CLAIM I, I 3' 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 JANUARY 18 , 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 all "Warnings". CLAIMANT• Riordan, Jennifer ATTORNEY: Date received ADDRESS: 48 Ridge Park Lane BY DELIVERY TO CLERK ON December 23 , 1993 Concord, CA 94518 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. 1a a � By DATED: a7 IL BATCHELOR, Clerk n eputy II. FROM: County Counsel TO: Clerk of the.Board of Supervisors ( ✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Z q y 3 BY: c—: Deputy County Counsel-ZS T_ 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: jqqzl PHIL BATCHELOR, Clerk, By__,_JDeputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the united States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR byy�a , (!A/a!K.J&,J Deputy Clerk CC: County Counsel County Administrator X31 ►1 t i Claim 'to: BOARD OF SUPERVISORS OF CONTRA =11COUM 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, 19870 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 resented not the accrual use o ac on. Claims relating to any othe 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 JENNIFER RIORDAN > RECEIVED Against the County of Contra Costa ) DEC-2 3 1983 or ) CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Unspecified Superior and in support of this claim represents as follows: Court.amount ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) On.--�or about June 26, 1993 at approximately 23:15 hours. 2. Where did the damage or injury occur? (Include city and county) E Ward, Merrithew Memorial Hospital, Martinez; Contra Costa County ------------------------------ - 3. How did the damage or injury occur? (Give full details; use extra paper if required) I was detained and committed forcefully, against my will, causing injury to me physically (right wrist) and emotionally. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The forceful act of physically restraining me and committing me to E Ward by County Hospital Employees. (over) 5. What are the names of coufy or district officers, servantor employees causing the damage or injury? Unknown who actually used the force. Candace Kung, MFCC, ordered the committment. Ms Kung is an employee of Merrithew Hospital. -------------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Physical injury was a resulting wrist sprain. Emotional injury includes continuing emotional trauma. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Estimate from current billings. ------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 1. Dr. Richardson, Kaiser, Martinez 2. Dr. Johnson, Kaiser, Martinez ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 7/19/93 X-ray, Evaluation, treatment approx. $197:00 8/10/93 Re-evaluation approx. 77.00 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 C a'mant's Signature Lig rq-", A . Addres C G �S Telephone No. Telephone No. 5 0 J * * V VT it 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. u r 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 JANUARY 18 , 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 Mount: $257 , 250 .00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: : RHODES., .Jack ATTORNEY: Walter C . Cook Law Offices of Joseph O ' Sullivan .'.Date. received ADDRESS: 2003— 16th Street BY DELIVERY TO CLERK ON December 21 , 1993 San Francisco, CA 94103 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. ppHHIL BATCHELOR, Clerk DATED: ( �-I . �'l 9 3 B1: Deputy 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: 4e, Z�, /%y3 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. r Dated: PHIL BATCHELOR, Clerk, By ('Ao.�� � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by—,J--L �� Deputy Clerk CC: County Coun el County Administrator 30 GOVERNMENTAL CLAIM ` 1 RECEIVED 2 TO: City of Lafayette; and County of Contra Costa oEC 21 m 3 CLAIMANT: Jack Rhodes CLERK BOARD OF SUPERVISORS 4 CLAIMANT'S CONTRA COSTA CO. c/o his attorney % 5 ADDRESS: 6 Joseph D. O'Sullivan LAW OFFFICES OF JOSEPH D. O'SULLIVAN 7 2003 - 16th Street San Francisco, CA 94103 8 CLAIMANT'S 9 PHONE NUMBER: c/o his attorney (415) 864-4981 10 11 ADDRESS TO WHICH NOTICES ARE 12 TO BE SENT: Joseph D. O'Sullivan LAW OFFFICES OF JOSEPH D. O'SULLIVAN 13 2003 - 16th Street San Francisco, CA 94103 14 15 DATE OF OCCURRENCE 7 OR TRANSACTION: July X, 1993 16 PLACE OF OCCURRENCE 17 OR TRANSACTION: On the bike path adjacent to Mt. Diablo Blvd. , near Mt. View Road, where PG&E was 18 conducting repairs. 19 HOW DID ACCIDENT OR TRANSACTION 20 TARE PLACE: At said place and time, claimant was on the bike path riding his bicycle. PG&E had 21 patched a portion of the path with hot asphalt, but negligently allowed bicycles to 22 continue to ride on it even though it was not cured. Claimant rode onto the uncured 23 patch, and his front wheel came to an immediate stop catapulting him forward and 24 off of his bicycle, and onto the ground. 25 The above governmental agencies, and PG&E, knew or should have known that the patch of asphalt caused a 26 dangerous and defective condition, and they should have placed barricades or warnings to prevent this accident from happening. 27 28 1 DAMAGES SUFFERED BY CLAIMANT: Claimant suffered severe injuries, cuts and 2 abrasions, as a result of the above accident. There was a 4 inch laceration 3 across his forehead which required stitches for closure, and a severe whiplash type 4 injury.. 5 The whiplash injury has given him a pinched nerve and has required continued treatment. 6 ITEMIZED 7 EXPENSES: Place Date Amount 8 .John Muir Hospital 7-7-92 $5, 500. 00 Dr. Carl Delgado 7-8-92 1, 000. 00 9 "Dr. Michael Kern Passim 750. 00 10 TOTAL 7 , 250. 00 11 DEMAND: 12 Claimants medical expenses emotional distress, and pain and suffering, and wage loss, are in an amount above the 13 Jurisdictional limits of the Superior Court of California, but also claimant demands $250, 000. 00 to conclude this case. 14 15 Dated: 2-'zo ` � LAW OFFICE JO E OH O' U LIV 16 17 By: alterCl-. Cook 18 Attorneys for Claimantl 19 20 21 22 23 24 25 26 27 28 CLAIM S. 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 JANUARY 18 , 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: $187 . 2 0 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: HERGERT, Gary M. ATTORNEY: Date received ADDRESS: 6618 Waterford DR. BY DELIVERY TO CLERK ON December 28 , 1993 Redding, CA 96001 BY MAIL POSTMARKED: December 24 , 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQH BATCHELOR, DATED: 3 BtII 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: A Dated: �`���tc�c� `���/ BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a'true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By �Ij _ � pia 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• ` q My BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 6 CLAIM f 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 JANUARY 1B, 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: $187 . 20 Section 913 and 915.4. Please note all 'Warnings". CLAIMANT: HERGERT, Gary M. / ATTORNEY: Date received ADDRESS: 6618 Waterford Dr . BY DELIVERY TO CLERK ON December 28 . 1993 Redding, CA 96001 BY MAIL POSTMAR D: December 24 . 1993 1. FROM: Clerk of the Board of Supervisors TO: County ounsel Attached is a copy of the above-noted claim. DATED _ A o... L.e� e2 b (QQ eaIl p�LyIOR, Clerk I1. FROM: County Counsel TO: Clerkof the Board of Supervisors ( ) This claim complies substantially with Section 910 and 910.2. ( Vf 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 sh uld 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). ( v7 Other: i Dated: 9 1 I BY. �+ Deputy County Counsel . 77 111. FROM: Clerk of the Board /// TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as unti(ely with notice to claimant (Section 911.3). IV. BOARD ORDER: By un, nimous vote of the Supervisors present ( ) This Claim is rejected n 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: j PHIL BATCHELOR, Clerk, By , Deputy Clerk I WARNING (Gov. code section 913) Subject to certain exception . you have only six (6) months from the date this notice was personally served or deposited in the mail to fit a court action on this claim. See Government Code Section 945.6. You may seek the advice of n 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 ag 1I and that today I deposited in the United States Postal Service in Martinez. California. postage fu ly 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 LC: County Counsel County Administrator VICTOR J.WESTMAN OFFICE OF COUNTY COUNSEL DEPUTIES: COUNTY COUNSEL CONTRA COSTA COUNTY SHARON L.ANDERSON SILVANO B.MARCHESI ANDREA W.CASSIDY ARTHUR W.WALENTA,JR. VICKIE L.DAWES ASSISTANTS COUNTY ADMINISTRATION BUILDING MARKE S.ESTIS P.O.BOX 69 MICHAEL D.FARR PHONE(415)646-2074 LILLIAN T.FUJII FAX 415 MARTINEZ,CALIFORNIA 94553-0116 DENNIS C.GRAVES ( )646-1078 KEVIN T.KERR EDWARD V.LANE,JR. MARY ANN MASON PAUL R.MUNIZ VALERIE J.RANCHE DAVID F.SCHMIDT DIANA J.SILVER VICTORIA T.WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Gary M. Hergert 6618 Waterford Dr. Redding, CA 96001 RE: CLAIM OF: Hergert Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2 , or is otherwise insufficient for the reasons checked below: ( ] 1 . The claim fails to state the name and post office address of the claimant. [ ] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [xx] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [xx] 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [xx] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten .thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ( $10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. Page 1 [xx] 6 . The claim is not signed by the claimant or by some person on is behalf . [xx] 7 . Other: Claimant did not completely fill in the claim form. The claim form is a two sided document. Only part of one side was completed. VICTOR J. ESTMAN, County Counsel By: �• Dep t unty Coun 1 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: December 30, 1993 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE §$ 910, 910.2, 920.4, 910.8) Page 2 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, 19879 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 en -{-f;1eragainst e2C2 ^ubli; s w.L VY • 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 GARY M HERGERT6618 - --- ..REDDINGTCAF9.600DR ) RECEIVED Against the County of Contra Costa ) nEC 2 , or ) 01 District) CLERK BOARD OF SUPERVISORS Fill in name ) _�s:.s CONTRA COSTA Co. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ / 7, 7-0 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? .(Give exact date and hour) ------------------------------------ ---- 2. Where did the damage or injury occur? (Include city and county) 3.�How did the damage or injury occur? (Give full details; use extra paper if l required) �� �= ��- i"G��X/� S TU/Civ1 1 � ��K� C�'�tin`� G�iC�,7 J^t'G�✓���� - _ 4. What particular act or omission on the part of county or district officers, �servants or employees caused the injury or damage? / A ati �' /�i l�vLc�. 6 /��'liJ, (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? / r h 126 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. �J / /;,//s-If-3 - 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 7-17 7K1r zs --------------------------------------------------------- -�- - v------------ 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney l laiman 'sSignature) Address Telephone No. Telephone No. / -��35 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. GARY T. YANCEY _ ATTORNEY _--- .DISTRICT. .. : to TY OF.CONTR Q', 'COUNTY A COSTA q� SAN hi J 100.-,37TH:STREET. : . .: . . . :... . . .. . .ilnVr Jt'�i�3�i�.id ,�. �T/XMCP' � 04?1,'3 .. i ,. RICH MOND."GA..94805-2136 �:. HEREALITH , r •Z'•VRIDITION t"' gj1 Ob. :.... :. :'.... n�- 1 7 . i . < < Y ` ... .. .. r , < :x. , < .. . . . . . .. . . ,. . . . . a . .:•.. . . . .. . POSTMASTER: PLEASE FORWARD.-.ADDRESS CORRECTION REQUESTED , w JO GARY HERGERT 21620 14TH AVE SO APT I-104 DES MOINES WA 98198 is�rr� ldIWss s lits r s SUBPOENA-CRIMINAL ACTION RETURN THIS HALF You have been subpoenaed as a witness You will help in the administration of criminal justice by performing i„i.r_,,.,. T ..,. \I your duties as a witness. Your attendance at court is required by law so that both the accused and the T i....;. A ._l v.�,.+.A�.1 r1 jT I`.7 K:.:.. prosecution have a fair and impartial trial. ?R E ET A subpoena is not a request;it is a court order telling you to be present at the time and place stated s -.. Many other witnesses have been subpoenaed in this and other cases Because unforseeable problems can arise,all inconvenience for witnesses cannot be avoided.Cases are frequently continued and there are many reasons for this;for example there may be no court available,or othei witnesses may not be available. If the date and time for appearance falls within your vacation period or you have some other conflict. YOU ARE COMMANDED TO APPEAR BEFORE Blease let us know immediately.We cannot always adjust the court calendars but if we know in adequate time,we may be able to charge the date of the trial to a more convenient time. THE JUDGE OF THE ABOVE DESIGNATED In most cases we know a few days ahead of time whether this case is one that wig go to trial If you have COURT ON THE DATE AND TIME INDICATED any questions about when or if you will be called,contact the Witness Coordinator at the number shown on your subpoena between 8:00 am and 12:00 am or 1:00 pm.and 5:00 pm BELOW AS A WITNESS IN A CRIMINAL ACTION As a witness you may be entitled to witness fees and mileage far your appearance in court The payment PROSECUTEDBY THE PEOPLE OF THE STATE OF of such fees however,is at the discretion of the court It is the policy of the courts in this county not to CALIFORNIA AGAINST pay witness fees except in hardship situations,o where travel for a long distance is required For further information about witness fees,contact the victim/witness assistance staff at the District Attorney's office on the day of your appearance in court GARY T.YANCEY 1 �E :3t; tt.i TO T H 1:__ L. f S n !ti 11 - f'.M . .... y - _ '? j :a� 1••:T .fif'SL v.I% '/:. �u ._ ...i'?�._ .. .,. ... PON RECEIPT OF THIS SUBPOENA, dLLG , .=.a-= 51 G,%4 `�'X RE i=R S: Sir): _ HE WITNESS COORDINATOR :r ' '..`i = .'ice .�=T'iR`a .'� oa � J 17 '�_ 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 JANUARY 1.8, 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: $1 ,000,000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: EVONC , Michan Renaulde ATTORNEY: Date received ADDRESS: 2600 Jones Rd. Condo 1 BY DELIVERY TO CLERK ON December 27 , 1993 Walnut Creek, CA 94596 BY MAIL POSTMARKED: December 23 , 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. -� je) ._/99_3 �aIl BATCHELOR, Clerk DATED��-:-,. �� eputy I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 4 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: 0L Le4,A b14 z�_ /J�3 BY: / Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). ]V. 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_N'.,�Ij , �� ,a1 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 warnina see reverse side Of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR b y G e Q J Deputy Clerk CC: County Counsel County Administrator u01A Claim -to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 1063, 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 1CHAO. R Q� A 1LDE EVC WQ; ) RECEIVE® Against the County of Contra Costa ) DEC 271993 or ) a M RQDRkCUEZS S F Ei'A L District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. Lj The undersigned claimant-hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ C)Z'� and in support of this claim represents as' follows: ------------------------6 When did the damage or injury occur? (Give exact date and hour) ................................................. 2. Where did the damage: or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) DEF MDANT CASE 1w THE CCx)"TS CSF Cc"L)TRA CCITA WAS DisMISstp 1101 It), `4C13 DEFEMbArNr WAS INFpR.Heb THAT EAt 0e, BF-'FoR� Alco ice, i�'M a( l2%Cc, 1P.,14N E WOUL6 P� RLL.E/>SEb IF ST(.LL 1Q cUSraaY. otA NeV_161�F_6_eo --------------------- - ----_______ __-__-_____ 4. What particular actor omission on the part of county or district officers, servants or employees caused the injury or damage? (over) _- W .1 5. What are the names of county or district officers, servants or employees causing the damage or injury? S��_------ 5. What damage: or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ` TRAUM^ -F2-S.Y W--L�2aLCAL- __-P- ________________ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) lell� E---------------- 8. Names and addresses of witnesses, doctors and hospitals. DEP uV f1A�T. VAeioVS \c�IKAT • ------------------------------------------------------------------------------------- 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 his behalf." Name and Address of Attorney Claimant' l.gnature ` (Address) q l r LrL U� Na I tw Telephone No. r Telephone No. �b ^C139"3 k3 . 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. iNOVEMi3ER to i9gvr Tt-tE CO�t�'T" �N �T S OWN ���RSUA�ii i� SECTION t i M -D- PENAL, CODE CASE NO - 9.-�? E I A L/ RECALLED V T S SENT EKCE AND DISMISO- L-D. V-PS PREVtCSL`/ SIX MCNI K SEKVIEI� CE INCLlDIRG .TNR� E Y SUPERVISED PR-OB -HT1 Z)N� 'T140S ERE LEASI KG MiCHaN EvoNC FROM AW/ AND ALL CRIty NCT-tOt�S� DISABILIil ES OR. U UR-ISDIC-T tCi BEGI NNNG FOFMAW I TN NC)Vr=MB.ER 1oj tgg3 SEE_ ' COURT MIN UTE C;RDIEP, A-M ACN ED A' I N CORPORA i ED H ERE T O . NOT-= T RANSCRI SAID P RC�CD_DING HAS BEEF REQUESTED SAt-D REQUEST 'HAS BEE1A APPROVED BY- : COURT- SEE ATT-ACHED. t T WAS F U RM F=7R. _O RD ER ED i TN A T TN E COUP v�IAS INFORMED OF A ANTER. COUNN. . WAR. ALcD BY__ T<-IE _.DI STRIcT_ /��TOt�NCY s OT7V SAN M ATEO -MAT RENO, NEVADA .-MA\/. HAVE REI=ILEr �`Z. EMD 1 C:TI ON REQUEST_ . ._S II��CE 1TS ORI� WAR.R ANT MAS DISMISS.=D . AOR _LqC OF OF.. P RO_S E CU_iR)ty, W lTl-I TN C CC)V R i 1SS i! C By -T-I ' C 1'N ATT-o RN E`( OF= COSIitela CLASi /�- , SiA ik�C, lAAT. 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PET RCtI ER CGI TAC-rED VAAC- CCLRT- -ia CALE DAR /� 1-iEAR-I N Cc-)NCE-RN i MCi «iS t LL-F-G L 'DETC-V"mc�N . sAiD �AVHAR- N C_. WAS =09 t cOV C-:MBEER t7, �qy3 E MORk i NG Al\i D AF-;ET-�NCofl*� nN= 71-11E �(�'�' cir�VEMgER , 1c1�3 � CI_l,iNl1�1A�\� lel i CPiNI�D C.�S-T�DY OF H j,c H EARi NG S E i T i tai DEPT 1G/ C-, MiN�AE`/ U13DGE IN CtlDER Tc CAN k1iS RELEASE AND DAVE C,FFiCiALS SAW�CiICN T-G)R Cc�A TEMPT CF CGS r Uec)m LEARWNG 7tkAT CLA\MI4A9l viAD SF-C;~R,�D A CoLPir; A L+ ReDRigDEz oR GT�ER CVsm'zq C�Ft=1ClAt_. DtCi DSD _TkAX MY CvNST1 TU►1C�11AL �kG1 t T WAS ME�kAItAGLEUS , 7-\�AAT- ��P/ WER E ABGV E -\1A E LAW , C M CELLED 'C LA l M KA T C( ;jUl v AFPZARANCE '-nAEN &&DER. P�=TITlGNi=R i RIA"SPof iM-D BY A CCtAT-RA C-C&TA -DEPU-f�/ 'TO SAN MAT E0 CUUNT`I -TA1 L AT _-.- Knf 1993, AF qER 'THE CLC)SE of eGOR-i _cR..- ---- 'TA E i ass 1 t31 t_t V CF t T1 CtJ�1� t�1GTf y S�1C• . H- S .CO- CoL-WSEL/ THUS -IWAR`-mNG - t-41S ILLEGAL R EMCN A L /qty D MtiTE�, I3 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 JANUARY 18 , 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 all "Warnings". CLAIMANT:Becerra, Vicente ATTORNEY:Steven L. Derby Date received ADDRESS: 961 Ygnacio Valley Road BY DELIVERY TO CLERK ON T)Pr•PmhPr 2.3 , 1993 Walnut Creek, CA 94596 BY MAIL POSTMARKED: December 22 , 1993 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp��{{IL BATCHELOR, Clerk nn DATED:1op..,,,a.Q,. a2 7_ 1�� 81. Deputy 1.dl.A. 000., II. FROM: County Counsel TO: Clerk of the Board of Supervisors (LA) 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: e( zcl-ec z3s, ,1193 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 � , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by _ , �a1 Q e Deputy Clerk CC: County Counsel County Administrator LAW OFFICES OF PAUL B. ]ENG lL]E R PAUL B. ENGLER 961 YGNACIO VALLEY ROAD STEVEN L. DERBY WALNUT CREEK, CALIFORNIA 94596 SANDRA L. WILSON TEL. (510) 938-2460 CERTIFIED PARALEGAL December 16, 1993 F C °t Clerk of the Board of Supervisors Count f Contra County o Co t o Costar ;. - Iry 651 Pine Street, First Floor BOAADOFSUV'_ � Zn , Martinez, California 94553 CLERK coNY�ACOy�A�t�. Re: Government Claim of Vincente Becerra Becerra vs County of Contra Costa et al To Whom It May Concern: This is a Government Tort Claim brought pursuant to Government Code §910 et . sea.. by .VICENTE .BECERRA whose address is 2566 Hamilton Avenue, . Concord, California 94519. All .notices concerning this claim .should be directed to' the undersigned. On July 20, 1993, at approximately 11 :30 p.m. on a Saturday night, Mr. Becerra was involved in an automobile collision in which he rearended the car in front of him. The police were summoned and Sergeant Ernest Templeton of the Contra Costa Sheriff-Coroners Department was among the officers who responded. Sergeant Templeton approached Mr. Becerra and asked for his driver's license. Mr. Becerra did not have his driver' s license on his person and so attempted to enter his vehicle to obtain the license from his glove compartment . As he was doing so, Sergeant Templeton grabbed Mr. Becerra by his left arm and •pulled him out slamming him against the roof of his car. Mr. Becerra heard a loud "crack" in the vicinity of his shoulder and felt pain immediately. Sergeant Templeton handcuffed him with his hands behind his back and patted him down, then placed him in the patrol car. Mr. Becerra was seen at Merrithew Memorial Hospital later that same night . X-rays determined that Mr. Becerra had dislocated his left shoulder and. also sustained a dislocation injury to the same. elbow. His arm was placed in 'a sling and he was released. . Mr. Becerra was seen for follow-up visits and he, at the present time, is still wearing his cast and sling. The full nature and extent of any residual damage to Mr. Becerra' s shoulder and elbow are unknown at the present time . Mr . Becerra • LAW OFFICES}�7 OF 7� PAUL B. 1E1�GiLER Page Two December 16, 1993 Re: Becerra vs . County of Contra Costa et , al . is self-employed as a gardener and general handyman and has been unable to work since this happened. The precise extent of his loss of earnings due to his injuries is unknown at the present time. Mr. Becerra also claims general damages consistent with California Tort law. Mr. Becerra may also make a claim for violation of his Civil Rights under the California Constitution and the United States Constitution. The total amount of Mr. Becerra' s claim is unknown at the present time but it is sure too exceed $10, 000 . 00 . The jurisdiction of any action Mr. Becerra might file in this matter will rest in the Superior Court . Dated: December , 1993 LAW OFFICES OF PAUL B. ENGLER BY: TEVEN L. DgRBYXI- Attorney fo laimant, VI14CENTE BECERRA I � . d1 +� N 0 ton ..� w ,� gA6 H ..ter �Q w 0 N >�1d0 w w 0 0 ' 0 x4 Q) U010 rr is d 4:! O ,,r N vu �p te) o� 4.? v ocoID � ID v ° m a o a z o � U a Q u. o 0 u w a w z Q � 4 • 3