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HomeMy WebLinkAboutMINUTES - 01251994 - 1.14 ' 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 25, 1 994 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: $386,845 Section 913.and 915.4. Please note all 'Warnings". CLAIMANT: (CORRECTED NAME) The Contra Costa County lst Choice Employee;�:Benefits Trust ATTORNEY: Saltzman & Johnson Date received ADDRESS: 120 Howard St. , Ste. 520 BY DELIVERY TO CLERK ON January 10, 1994 San Francisco, CA 94105 BY MAIL POSTMARKED: January 6, 1994 Certified Mail P 293 169 978 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. It I l BATCHELOR. Cl er DATED: n ply a e Il. 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: Grtilu!±• /y , �1 p 7 BY:yzDeputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) 1 ; J ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (v-f This Claim is rejected in full. ( Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: s 19�PHIL .BATCHELOR. Clerk, By �, Deputy Clerk WARNING (Gov. code section 913) Subject ,to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the united States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: _ �(� I qq BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim 10: 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. * * * * * * * * * * * * * * * * * * * * * * * * * i`* * * * * * * * * * * * * * * *__* RE: Claim By ) Reserved for Clerk's filing stamp The Contra Costa County 1st Choice ) Employee Benefits Trust RECEDED Against the County of Contra Costa ) .or ) JAN 101�9� District) CLERK BOARS OF SUPERVISORS Fill in name ) COCOSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 386,-845 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) December 10, 1993 2. Where did the damage or injury occur? (Include city and county) The nonpayment of conributions presumably occurred at the offices of the County' s auditor-controller. The ascertainment of the nonpayment was made by the (pls. see Attachment) 3. How did the damage or injury occur? (Give full details; use cxtr psaDe f required) The damage to -the..trust occurred through the County' s re u a (rl to pay its share of the 35% increase. in the premium for the 1st Choice Health Plan, (2) to withhold from each employee-participant paycheck and each retiree-participant benefit check the participant's share of the increase and to transfer that amount to the (pls. see Attachment) 4. What particular act or omission on the part of county or district officers, ~M servants or employees caused the injury or e? The particular omissions by County officers whic-h caused damage to the trust were (a). their omission to pay to the trust the County' s share of the premium increase due for December 1993, (b) their omission to withhold from participants' paychecks and benefit checks their share of the premium increase due for December 1993 and to transfer (pls. see Attachment) (over) 5. ' What ,are the names of county or district officers, servants or employees causing the damage or injury? We do not know the names of the County officers causing the damage. ---------------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. .The trust' s damages with respect to the non-payment of contributions for December 1993 are as follows: (pls. see Attachment) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) The amount of unpaid contributions for December 1993 was calculated on the basis of 35% multiplied by the amount of contributions paid in December. The interest calculation is the amount of unpaid principal multiplied by 6%, multiplied by 26 days, (pls. see Attachment) 8. Names and addresses of witnesses, doctors and hospitals. Witnesses: (1) Tim Eagan and personnel at UAS' s office that receive the contributions from the County. Mr. Eagan's address is listed in item number 2 of this Attachment. (Pls. see Attachment) 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT The trust has not as yet made any expenditures with respect to this claim, since Saltzman & Johnson has not as yet billed the trust for its services. 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 pl_� Russell L. Richeda, Esq. Claimant's Signature Saltzman & Johnson Law Corporatio 120 Howard Street,, Suite 520 120 Howard Street, Suite 520 San Francisco, CA 94105 Address San Francisco, CA 94105 Telephone No. Telephone No. (415) 882-7900 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. ATTACHMENT TO CLAIM FOR DECEMBER 1993 SUBMITTED BY THE CONTRA COSTA COUNTY 1ST CHOICE EMPLOYEE BENEFITS TRUST 2. trust's third party administrator, United Administrative Services, 1120 So. Bascom Avenue, San Jose, CA 95128-3590. 3. trust, and (3) to notify the trust of its actions. The premium increase was effective November 1, 1993 . 4. that sum to the trust, and (c) the absence of advance notice to the trust. 5. We do not know the names of the County officers causing the damage. 6. (1) Unpaid contributions amounting to 35% of the contributions otherwise paid in December 1993, or approximately $385, 000. 00; (2) Interest on the sum in number (1) at the rate of 6% from December 10, 1993 until paid (amounting to approximately $1, 645 as of January 5, 1994) ; and (3) Attorneys' fees incurred by the trust to secure collection, which as of January 5, 1994 totalled approximately $200 on this claim and continue to increase daily. 7. and divided by 365 days. The amount of legal fees is calculated by the amount of time spent on this claim by the trust's legal counsel, Saltzman & Johnson Law Corporation. 8. (2) Florence McConnell The Segal Company 525 Market Street, Suite 3750 San Francisco, CA 94105 (3) Trustees of the trust whose names and addresses you already possess. 2\contra\attachment.dec 010694 1 DECLARATION OF SERVICE BY MAIL I, Marilou S. Volbrecht, am a citizen of the United States and am employed in the County of San Francisco. I am over the age of eighteen years and am not a ,party to the within above- entitled action; my business address is 120 Howard Street, Suite 520, San Francisco, California 94105. On January 6, 1994, I served the following document(s) : CLAIM TO THE BOARD OF SUPERVISORS on the parties in said action by placing true and correct copies with postage thereon fully pre-paid, in the United States Post Office mail box at San Francisco, California, addressed as follows: Clerk of the Board of Supervisors Room 106, County Administration Building 651 Pine Street Martinez, CA 94553 Carl Doolittle Joe Tonda 14 Danridge Place 651 Pine Street, 6th Floor Pittsburg, CA 94565 Martinez, CA 94553 I declare under penalty of perjury that the foregoing is true and correct and was executed on January 6, 1994, in San Francisco, California. �b Marilou S. Volbrecht cra . �Mai I jji!r—� Lo C { W m <t a (0) O Q •ri-r1 :> ✓" 4-) i 044.) - - 0 N O W-rI O 0 10 Tj C1 p U3 43 >4 d' 04J +3O 4) o p4 CO 4 U 11 U 4J En 44 VD Q:. 00 � a� ra p ram 4) O r•1 P O in Rf • Ir n a ac a S2 W° �' S m ° N oU o L4� a xo ,� � 0 H ; � c v oLLII Q 0 U � Q Z Q .d O IL N a = Z a04 N N 77- -0- -Z 2 A 0 0 a tp 0 - 0 - o HO m 0' x w o Ox a' © G3 00 0 0 lop t+ rt � O K' Cati N (O �p,MN ' �Ct o id,y N�K G A. rt � A) a - r tr �fi 0 OrS "- WO ~ON � ° � wA AVroC 00 04 r� Q �.J r N t SALTZMAN & JOHNSON RICHARD C.JOHNSON LAW CORPORATION WARREN H. SALTZMAN ISAIAH B. ROTER 0925-1908) PHILIP M. MILLER 120 HOWARD STREET, SUITE 520 RUSSELL L.RICHEDA SAN FRANCISCO, CA 94105 MURIEL B. KAPLAN (415) 882-7900 JOCELYN S. DUNBAR FAX: (415) 882-9287 LEGAL ASSISTANT February 3, 1994 RECEIVE® FEB 71994 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED CLERK BOARD OF SUPERVISORS CONTEA COSTA CO. Clerk Board of Supervisors County of Contra Costa County Administration Building 651 Pine Street, Room' 106 Martinez, CA 94553 Re: Claim by Contra Costa County 1st Choice Employee Benefits Trust Concerning Contributions Due For November 1993 Dear Sir/Madam: On January 6, : 1994, this office mailed two claims-to YOU, one on behalf of the trust for contributions due for November, 1993 and a second one for contributions due for December 1993 . The two claims were mailed in one envelope. The envelope was mailed via certified mail, return receipt requested. We have received back the return receipt. On January 27, 1994, we received a notice from you indicating that the Board of Supervisors had denied the claim. The notice did not indicate whether the denied claim was the one that the trust filed for November 1993 or the one the trust filed for December 1993 . Under the category "Amount" at the upper left hand corner of the notice, you inserted the amount $386,845. This was the amount listed on our claim for December 1993 . I presume therefore that the Board of Supervisors rejected the trust's claim for contributions due for December 1993 . It appears, however, that the Board of Supervisors has not as yet acted with respect to the trust's claim for $389,899 ,with respect to contributions due for November 1993 . I would appreciate your notifying me at your earliest convenience concerning the status of the trust's claim for contributions_ due for November 1993 . — ISO Clerk February 3, 1994 Page 2 Thank you for your cooperation. Sincerely, Russell L. Richeda RLR:msv cc: Carl Doolittle Joe Tonda 2\contra\clei0203.1tr 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 25, 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: $25,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT:WHITE, Michelle ATTORNEY;Jacoby & Meyers Elizabeth Guagenti, Esq. Date received ADDRESS: 100 Bush St. #700 BY DELIVERY TO CLERK ON Jnnnar3L91 AA4 San Francisco, CA 94104 BY MAIL POSTMARKED: Jnnii=L 69 1994 Certified Mail Z 775 581 304 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, pp g DATED: BgII Deputy OR, 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 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 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 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: 0 PHIL BATCHELOR, Clerk, By e. l 8 Q a ) . 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: c BY: PHIL BATCHELOR Dy ��� Deputy Clerk CC: County Counsel County Administrator t -Claiih to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY IlZSTRUCTIONS TO CLAIMANT a 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 > RECEIV ) Against the County of Contra Costa ) or ) JO _7 District) CLE 90ARD S Fill in name ) 0N7RA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 0-,m-D nn D and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) x ; 30 --.---- ----- ---------------------------------------------------------------------- 2. Where did the damage or injury occur?. (Include city and county) Corn ter- of q` �-- ► I e i chn�o nd C o nom OoSt-� ---________-�________..� _ _ __.�_________�__________ 3. How did the damage or injury occur? (Give full details; use extra paper if O ' required) t rl (!:A o w n o �.� ►ma,r�fi NQS �a . f �o I d ► n �andri �f tar� 1�h i e, w C I h c 4. What particular act or omission on the part of county or distric f cers, t o oz�e servants or employees caused the injury or damage? ux-e----�o vyt C'-p n i-e� Co�-A 0 C c7 V e C� �� duce— io a-rr ) L,U-- c ok h0L ,r s ►may e 1 5. What are the names of county or district officers, servants or employees causing the damage orjury? ti S. eco � r)� es � koow ,� --- ---------------- —------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates fo auto clamage. I ncl ud '�zo r"Jej kne cl c( 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) b 8 1c d o�--+- �- i o�-� e•� c�cL�- 8. Names and addresses of witnesses, doctors and hospitals. n-- Ck ry-1 C)0 d 1 J/)IC)-Y-n aZ w � J 'J�-) , C 14'3 BYDC�-J way , RI C monj 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 4k- Cx rib -VL-(e ems �u S`, 700 oo f�f'� �ra-moi SCe�� CA Ai Telephone No. � Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. CLAIM 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 25, 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: $25,000.00 Section 913 and 915.4. Please note all "Warnings-. CLAIMANT: WHITE, Brittany ATTORNEY: Jacoby & Meyers Elizabeth Guagenti, Esq. Date received ADDRESS: 100 Bush St. #700 BY DELIVERY TO CLERK ON January 7, 1994 San Francisco, CA 94104 BY MAIL POSTMARKED: January 6, 1994 er i ie i 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp 8 DATED: .... (1 . \q9 BaII Deputy OR, Clerk `pQ 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: t( BY: 0, 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 ( yJ 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. /1 nn \ �[I�,�J 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 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: q BY: PHIL BATCHELOR by J Deputy Clerk CC: County Counsel County Administrator I A. Claim' to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY WTRUCTIONS 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 To. RE: Claim By ) Reserved for Clerk's filing stamp sic,, i_-1 W h I+ µ:F RECEIVED ) Against the County of Contra Costa ) .O r 7 or ) JERK gpARD OSTAu���RS District) ONTRA Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 9 -a> CX__+ 2. Where did the damage or injury occur?. (Include city and county) CO rn - o - `m4--R� �ley ,Richino►-18 ) n+Y-Ck_ -eco 3. How did the damage or injury occur? (Give full details; use extra paper if e uired) �a rn a,�n-�- a s e-� n +h f-- o.r-r�n s o-� Was n. 4. What particular act or omission on the part of county or district ffieer , o C,�C1 servants or employees caused the injury or damage? h 0 k-t e P �-c LA rak n ho�� ca\1cXc� l nue-rsea�ifl,n o-C qt's +o uoa _)r►') PLAb I 1 L D-f' l�'' ha o_ndo us a n cl s P I eY C_c n.cl I o o (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? M ec't e s iso+ known -------- ------------------ -------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. - -------- ----------- --------------- --__--.--------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) _ VTV1 1 C{ e c� oma+-\ G0.-+e'— 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 -I-o b e ra \J d C d Utn k n o Y-) e rn e Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person onWs behalf." Name and Address of Attorney �0�o o by e ers c! 0 0 � oo wa �-►, �s r- sh 5t Zt (Address) f4'C N ; , z a to ems, GtR��e� See I e-Ffi Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. JACOBY& MEYERS LAW OFFICES PERSONAL INJURY UNIT 100 Bush Street,Suite 700,San Francisco,CA 94104 k 415/399-8951; FAX:415/399-1939 January 6, 1994 °UP CLERIC�QNTRA COS q CO�SOR� Board of , Supervisors, Contra Costa County County Administration Building, Room 106 651 Pine Street Martinez, CA 94553 RE : Our Client(s) : Michelle and Brittany White Date of Loss : July 22 , 1993 To Whom It May Concern: Enclosed please find the original and two (2 ) copies each of Claim for Damages against Contra Costa County. ' Please return one copy of each, stamped ' Received' in the envelope provided. Thank you for your attention. Very truly yours, JACOBY & MEYERS LAW OFFICES D orah peA'ce Enclosures We use recycled paper. !/: � �\ g LU \ cod �$ < S � � 0 � m a J m $ y � ) \ a: E ■ � �o � » } : /)I 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 JANUARY 25, 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: LAUBE, Sherry Louise ATTORNEY: . Date received ADDRESS: 206 Bart Ave. BY DELIVERY TO CLERK ON January 6, 1994 Antioch CA 94509 BY MAIL POSTMARKED: Hand Delivered via: Risk MQmt. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH 8 DATED: BtII Deputy OR, Clerk �d 'A �j 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( VJ 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: ,ti 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. BOARDD ORDER: By unanimous vote of the Supervisors present ( " ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:, 2 �gg 4 PHIL BATCHELOR, Clerk, By , . (�� �p a . Deputy Clerk UU VV 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 M Q p„� Deputy Clerk CC: County Counsel County Administrator "Cla=r: to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claius 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 Seca 72 at the end of this form. RE: Claim By } Reserved for Clerk' filinVs.amp , e L RECEIV Against the County of Contra Costa ) JAN e% 6 1994 or ) CaS CLERK BOARD OF SUPERVISORS Y 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 $ and in support of this-claim represents as follows: � _A f 1. When did the damage or injury occur? (Give exact date and hour) h�GStdW0. 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) 'JrvCorrGGf Pre sC'Ve P+1bfJ O P rued/ a. I0,V ---------------------------a��_._-------- ----------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Error moAc by CoLwIl PV-wo(mouc.16�. r ' wnat are the na.�s of county or district officers, servants or employees causing the damage or injury? Name, of Pharrnar,f S Lw KNoLD N, Shov�.l� be, IN ccorc45 , ------------------------------------------------------------------------------------ 5. What damage or injuries do you claim resulted? (Give full exten of injuries or damages claimed. Attach two estimates for auto damage. 1-lbSpiA&4c�VtW 1-Z i-+j DQ l2-Z9-93- l2- 31- 93. 54-� / OcCa.Slo,J0. 1 Ple04✓+ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury.or damage.) Lwabe �o cs�-�m�a ei. beeoa ube, 0; . Med t&l f�e'sid uQ IS $. Names and addresses of witnesses, doctors and hospitals. P03RLyNe aA 0.0 I(ex✓a C4. Wikh . CA gy5oq 9AJDk r�q 4ea%h G N�6 , P�� -5burg , CA . . rnerrifA&o Memorfo-1 Pbspilcxl ry)a,rbNeZ CA . ----------------------------------------.�__________-___�_�._-__--_ _--_---------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT CIiNr�►pppo���-metJ�- - � A n,b�Jo►N�c.. �dc.� . Emcr e.N �OSPII * * * rJGOp�c S lr��Spl '"`�r` *J I*. # �t Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on hi lf." Name and Address of Attorney C t 1 Lure A�Y 0 PY Adress L I'Qc'., L12 Ana q Telephone No. Telephone No. 7-67- 9113 N 0 T 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 impriso_mmnt and fine. -� i. � + CLAIM 5 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 25 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $10,000.00 + Section 913 and 915.4. Please note all "Warnings". CLAIMANT: YODOWITZ, Joel and Heidi ATTORNEY: Reuben & Cera Date received ADDRESS: 655 Montgomery St. , 16th Floor BY DELIVERY TO CLERK ON January 7, 1994 San. Francisco, CA 94111 BY MAIL POSTMARKED: January 6, 1994 Certified Mail P 208 798 474 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted. claim. Q g DATED: BgIL Deputy OR, Clerk 0. 4-L, 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: 1( 1 4 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 ORDER: By unanimous vote of the Supervisors present (� This Claim is rejected in full. ( ) Other: 'r 1 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 (v ca m, Q1L,.aJ 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 a 4� ) Deputy Clerk CC: County Counser County Administrator RECE ED LJAN - 7 19Q4 CLERK BOARD OF SUPERVISORS January 6, 1994 CONTRA COSTA CO. CERTIFIED MAIL CERTIFIED MAIL RETURN RECEIPT REQUESTED RETURN RECEIPT REOUESTED P 208 798 473 P 208 798 474 City of Lafayette County of Contra Costa City Clerk Clerk, Board of Supervisors 3675 Mt. Diablo Boulevard, Suite 210 651 Pine Street, Room 106 Lafayette, CA 94549 Martinez, CA 94553 Re: Claim for Damages The following claim for damages is hereby made by and on behalf of Joel and Heidi Yodowitz against you. The particulars of this claim are as follows: A. Name and Address of Claimants Joel and Heidi Yodowitz 1221 Woodborough Road Lafayette, CA 94549 B. Addresses to Which Notices are to be Sent Joel Yodowitz, Esq. Reuben & Cera 655 Montgomery Street, 16th Floor San Francisco, CA 94111 C. Date and Place of Occurrence On January 13, 1993, a mudslide occurred at the residence of claimants, located at 1221 Woodborough Road, Lafayette, causing property damage to the premises and a diminution in value of claimants' real property. The mud, soil, water, debris and other material that slid onto claimants'property originated entirely from the property of adjoining property owners, who reside at 1335 and 1355 Summit Road, Lafayette. 999999 :22413 V1 Reuben & Cera City of Lafayette January 6, 1994January 6, 1994 Page 2 s Claimants believe that the County of Contra Costa and the City of Lafayette are responsible for their damages as a result of, among other things: (1) the issuance of grading and building permits for the residences at 1335 Summit Road, 1355 Summit Road and 1221 Woodborough Road, without adequate investigation of the stability and drainage of the building sites or surrounding hillside; (2) allowing construction of the aforesaid residences without adequated provision for drainage or ensuring stabilization of the hillside; and (3) allowing the hillside to exist in a dangerous condition, both before and after issuance of building permits as heretofore mentioned. D. General Description of Damages to Date Claimants'damages include,but are not limited to, clean-up costs and repair costs (the out-of-pocket cost of which exceeds $3,600, with additional work to be done), diminiution in value of claimants' property, and loss of use and enjoyment of claimants' property. E. Identity of Employees Causing Damages Claimants have no knowledge of the identity of any public employees who cause or contributed to the damages they have sustained. F. Amount of Claim The amount of this claim exceeds $10,000.00,and jurisdiction of any lawsuit would rest with the Superior Court. DATED: January 6, 1994 JOEL AND HEIDI YODOWITZ By: SoelKYodo z 999999 :22413 V1 st u u !ti�+u to K u SH0$�3d�„s 3o(11;4 IN V661 L I�L V661 ®3AI3038 (77 Ir Cc rLi r r � v a H o Y o w O LL o 0 x OLn ~ V e w z