HomeMy WebLinkAboutMINUTES - 11011994 - 1.13 1113
r. CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA
November 1,1994
Claim•Against the County, or District governed by) IOARD ACTION
the Board of _Supervisors., Routing Endorsements NOT I CE TO CLAIMANT
and Board action. All Section.references. are to :The copy of this document wailed to you is gout.notice of
California Government Codes. I the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
amount: $75.00 Section 913 and 91504* Please note all -•Marna gYsMN.,
CLAIMANT: . CONNADY Es ther T
ATTORNEY:
Date received -•
A4 ;�..
ADDRESS: 4051 Hillcrest Road BY,DELIVERY TO CLERK ON. Ort6her 1 3_ 19g4
El. ,Sobrante, CA 94803
BY MALL POSTMARKED: Octgbpr 12._ 1994
I. fROM: Clerk of the Soard of Supervisors. TO: County Counsel
Attached is a copy of the above-noted claim,
IL ATCMELOR, Clerk
DATED.: put
y
J__
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(.__s ihi s Claim complies substantiaTly with Sections 910 and 910.2.
( ) This claim (AILS to .comply:substantially with Sections 910 and 910.29 and we are Sol notifying
claimant, The Board cannot act for -15 days (Section 910.8).
( ) Claim. is not timely f led. The Clerk should return claim on ground that it was filed late-and send
warning of Claimant's ri.0ht to apply for leave to present a late claim (Section 91103).
( ) Other:
won-
Dated: � � ` ' `� °- � � -- —
6Y: ) — Oeputy County Counsel
311. fROM: Clerk of the Board TO: County counsel (1) County Acari ni strator (2)
L ) Claim was returned as vntime with notice to clsima►nt (Section 911.3).
IV* BOARD ORDER: 8y.unanimous vote of the Supervisors present ,
( ) This-Claiin is rejected in full.
( Other:
I cert.i fy that this is a true'and correct copy of the Board's order. entered in its minutes for
this date.
J
Bated
ILh .�ATCNELOR. C1lrk, By oeputy Clerk
WARNING (boy. code section 9�#�
Wbi*Ct to erta{-n 11ceptionse you have only t1�c f6) months from the date this notice 'ams personally terved or
deposited in the -moi 1 to file, a court action on this tlai�n. See bovernaent Code Section /5,b.
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You.ny 'seek the advice of an axtornsy of your choice 1r co�+nertion r th this Witter. if yov went to consult
Dn �ttornty. :you should :do so mediately. *For additonalrarano dee reverse side of this notice.
AFFIDAVIT of 14AILING
41
1 peclare .under Peal ty of perjury that:1_ am_nog+,. and at all ties herein mentioned, havt been a citizen of the
United, States', .over -ane ls; and that todsy 1 deaosi ted t n the Dni tel States Pastdl Srtr�r ce 1� ftrti nei.
to l�i forni a, Postage ge fully prepaid a certifies opy of th1 �Batrd order and ,Notice to Cla malt, addressed to
the claimant as 'iho�wn above. s
Datsa: �. 6Y: PNT:1 BAtCN 1OR Deputy CIlrk
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Claim lo: 'BOARD .C)F. SUPERVISORS OF CONTRA COSTA CO's
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. Clai.ms 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 lob; County Administration Building, 651 Pine Street, Martinez, CA 9553.
.
Cv If claim is againsta 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
first each public en . ty.
E. Fraud See. penalty. for fraudulent claims, Penal Code: Sec. ,-72 at -the .end of this
form.
RE: Claim By ) Reserved- forClerk's :filing stamp
R.-ECEIVED
Against the County of:,Contra Costa )
or, OCTL3' 19 94
District
CLERIC BOARD OF SUPERVISORS
Fill in name )
CONTRA coy CO..
The undersigned' claimant hereby makes claim ainst he County of Contra Costa or
the above-named District in the sum of $ _ and in support of
this claim.represents as follows:
1. Wh n did the da�m�age' or- injury occur? (Give exact date and hour)
`��>-tet.
1//►rye/J � � �� � ' _�� ? ' /, -.
2. Where did the damage or * occur? -(Include eity -and county)
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3. How did the damage or injury occur?. (Give full detai- s use extra paper if^
required) .
4. Wh t. particular. act or omission on the part of county or district officers., p.
'
servants or employees caused the injury or damage? . ,�/ `
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>> _, CLAIM.
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA
November 1, 1994
'Claim Against the County, or. District governed by) BOARD ACTION
the.Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board action. All Section references are to The .copy of. this document Nailed to you it your notice of
California Government Codes* the action taken on your.Claim by the Board of Supervisors
(Paragrapt 1V below), given pursuant to Government Code
wmount: $145.00 Section 913 and 915:4. Please note B11 *Marn�ings". 4-r
CLAIMANT: GAMBOA Frances and.John r L
0 y'
ATTORNEY:
Date received COUNTYCOUNSEL
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MARTINEZ CALIF,I
ADDRESS: P.O. Box 1433 BY DELIVERY TO CLERK aN nr•tnhp.r .11 1_q A
Oakley, CA .94561
BY MAIL POSTMARKED nrtnbpr 1 2._ 199
3. FROM: Clerk of the Board of Supervisors TO County Counsel
Attached is a copy of the Above-noted claim,
JJILLATCHELDR, Clerk s
AT put
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ED: P y
11. FROM: county Counsel TO: Clerk of the Board of Supervisors
(This claim cowlies substantially with-Sections 910,ind 910.2.
( ) This claim FALLS to Comply substantially with Sections 910 and 910.29 and we are to notifying
claimant. The Board cannot act for 1S days (Section 910.8).
( ) 'Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to.apply for leave to.present a late claim (Section 91293)0
( )
Other:
Now-
C� I Y n Counsel
Dated. B 1e►uty Cev ty Cev se
111. FADM: Clerk of the Board TQ: County Counsel (1) County A ni ni strator (2)
( ) Claim was returned as untimely with-notice to Claimant (Section 911.3)1
1 .
JV* IDAR0 ORDER: By unanimous vote of the.Supervisors present
This lain i in full*
� ) C s rejected
( ) Other:
1 certify that thi is a true and correct copy of the Board's Order ente.red in its minutes for
this date.
dated: I NIL SATCMELOR9 Clarke By , Deputy Clerk
WARNING (Gov. node Sutton113)
Subject to Certain exceptions, you have only six (6) months frog+ the date this notice ams personally served or
deposited iti the Ail to file a court action On this Claim* See Goverment Code Section X5..60
rou wty seek the advice .of an attorney of your choice in' connection with .this atter. -If you want to consult
0n attorney., you should do :o i•IMdiately. *For additional warning see reverse side. of .this notice.
Af f IDAVIT Or NAILING
I declare under penalty of.perjury that h as now, and at all. tives herein stntionede have been a citizen of the
J"ited States. ever-age IS.; and that today I deposited in the mited States Postal Service 1n Martinet,
Ca l i f orni s, postage fully prepaid a Certified copy of this Sward order and Notice to Claimant, addressed to
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the =14ittnZ as .fhown above.
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dated: �Y: PHIL BATCHELOR by ftputy Clerk
dm* �2
CC: toynty counsel. County Administrator - -
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a=- o: BOAP0 OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CL.A D iANT
A. Clams relating to causes of action for dea�h or for injury toy person or to per-
sonal property or growing crops and which accrue on or before December 319 1987,
must be presented not later than the both 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 Muse 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, 6151 Pine Street, Martinez, CA 94553.
C, if claim is against a district governed by the of Supervisors, rather than
the County., the rzmr e of the District should be filled in.
D. if the claim is against more than one public entity, separate claims must be
f i 1 ea against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code See....72 at the end of this
f orrr.
E Claim By } Reserved for Clerks s filing,stamp
}
}
RECEIVED
Against the County of Contra Costa )
or } .
1304
District}
CLERK BOARD of SUPERVISORS
Fill in name CONTRA COSTA Co.
The undersigned claimant hereby rakes claim against the County of Contra Costa or
the above--need District in the sum ofand in support of.
this claim represents as follows:
1.
When -did the damage ,or 'injury occur? Give exact date and hour)
4'3Q Zj,�21
...... ..,.._...._.........�. . � o Q...
2e Where did the e or injury occur? (Include city and county)
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3. How did the damage or injury occurl (Give full details; se extra - per if
required) n 7�� �,�' /� >"�� -
Mon On
4. What particular act or omission,on the part of county or, district officers,
servants or employees caused the injury or damage?
3
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01177 BOULEVARD WAY WALNUT CREEK,CA 94595 INVOICE
�: �• . (510)933-2940 80685
FAX(510)933-2951
VALLEY GLASS COMPANY:`
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.................... 6625 BRENTWOOD BOULEVARD BRENTWOOD,CA 94513
(510)634-5155
- FAX.(510)6344172
SOLD- O SH
IRTO
DATE YOU R R NO. P ON N- -• ER PHONE FIRST JOS DATE; INSTALLED:-BY
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PLEASE PAY FROM THIS INVOICE STATEMENT SENT ONLY IJPOIV REQUEST.TERMS-PAYABLE UPON
REQUEST'.FINANCE CHARGE OF 1 Y %® PER MONTH(ANNUAL RATE:.18-%)CHARGED ON PAST DUE BALANCE,
IN THE EVENT LEGAL ACTION IS REQUIRED FOR.COLLECTfON CUSTOMER AGREES TO
PAY ALL.COLLECTIOWCOSTS AND REASONABLE ATTORN-EY FEES.
CUSTOMER ORIGINAL.COPY
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All material sold on this invoice is guaranteed to be as specified, and is not safety glazed material unless
so marked. It is sold with the understanding that this.material will not be glazed in a "hazardous location99
as defined by the Consumer Product Safety Commission.
All merchandise' returned for credit, refund or exchange must be in resaleable condition, authorized for
return, accompanied by this receipt, and May be subject to restocking fee. No returns will be authorized for
special orders or cut flat glass. Terms of payment are days from invoice date. service charge a `r
30
of %per month �� �1%annum) will be added to past due accounts.
RECEIVE®BY: The glass listed has been replaced/repaired with like kind and quality to my entire satisfaction,and
I authorize my Insurance Company to pay the"Above named Repair/Glass Company"directly for the
glass and installation charges,or,repairs.
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CLAlM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
November 1, 1994
Claw, Against the County, or District governed bye BOARD ACTION
the Board of Supervisors. Routing Endorsewents, ) NOTICE TO CLAIMANT
and Board Action. A11 Section references are to ) The copy of this document wailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
t Para graph IV below)* 'given pursuant to 'Government Code
amount:
$2;126.86 Section 913 and 915.4. Please note all 1�ta yi
CLAIMANT: HOLZ, Sandra
OCT 1 `
-9 9 4
COUNTY
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Date received -MAIR11"INEZ CALIR,
ADDRESS: 2914 Kelly St. BY DELIVERY T0. CLERK 4N October 11, 1994
Livermore, CA 94550
W.PAIL POSTMARKED: October- 7.1 199 +
I. FROM: Clerk of the board of Supervisors 70: County Counsel
Attached is. a Copy of the above-noted,claim.
p ILLATCHELOR- Clerk 6 'A
DATED: d�, pu t
y
11. FROM: County Counsel TO Clerk of the Board of Supervisors
(�,4 This claim cowlies substantially with Sections 910 and 910.2.
This,claim FAILS to comply substantially with Sections 910 and 910.20 and we are so notifying
claimant. The Board cannot act for 1S days. (Section 910.8 .
Claim is not timely filed. The Clerk shouldreturn claim on ground that it was filed late and send
warning ofclaimant's right to apply for leave to.present a late claim-(Section 911.3).
Other
Dae B Deputy County Counsel
III* FROM: Clerk of tree board 700 County Counsel tl� County' Administrator (2
Claim was returned:as. untimely with notice to claimant (Section 911.3).
JV* BOARD ORDER: By unanimous vote of the Supervisors present
Tt,i S Clain is rejected in full.
Other:
1 certify that this is a true.and correct copy of the board's Order entered in Its minutes for
this date.
Dated: ft1L 6ATCMELOR:, Clerk, •y , Deputy Clerk
DARNING i6oy. Code �eCtion 913) � -
Svbject to t0rtain eaceptions you have only'=ix.(6) months 'fray+ the date this notice was personally served or
duos i ced -i n the ea i 1 to f 11.* a court actfon on on -this t1almv See hove rnr+en t Code Section Me b.
You Me seek the. advice of an attorney of you* thoIto i:+ tornection with this matte. -if
. you want t0 consult
a*f- attor.e". you thould do to iwnedi ► e1y. *For addi-ti onnl warning dee reverse 4i de of. this note ee e
6f f IDAVIT of NAILING
1. declare Under pentIty:of Perjury that I an now .and at all times .herein went#oned, haire bees a citizen of the
Vni t!d States.. ever age 1e; and thst today I -deposited .in theDn1 t!d :States Postal Sery 'c* to i"lartinez.
California, :postage fully prepaid a certified Copy of -this Surd order and Notice to Claimant, addressed to
the claimant as shown above
Date d: 9 :iY: PN I L 4ATCMELOR by �Deputy 1ork
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t t torn t ta,�ns e 1
y County Administrator
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BOAPL OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO MAIMANT
A. C I a imz 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
MUSIC. be presented, no',-, 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 ,l,
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 ona year of ter the accrual of the cause of action. (Govt., Code §911*Z-)
B. Claims must .be filed with the Clerk of the Board. of.Supervisors at its. office in
Room lob, County Administration.Building., 851 Pine Street,. Martinez, CA 94553.
L
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 e 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 e 72 at the end. of this
f 0rm
RB: Claim By } Deserved for Clerk's filing stamp
}
RECEI� D
Against. the County of. Contra Costa }
OCT 1 1 M4.
. .or
District} CLERK�-OARD OF SUPERVISORS
Fill in name) 1, - ' ONTRA Co��-�Co.
}
The undersigned claimant hereby makes- claim against the County of Contra Costa or
the above-named District 1n the Sinn Of. $ 124. 9 d and' in support of
this claim represents as follows:
MNw s�ror�l►r N��rrwoM���woM�sir oo Lwow wrrwo mos sw��e�r ossa Nrww M�w rMo��s r
10 When did the damage or injury occur? -(Give exact date and hour) ,
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2. Where did the damage or injury occur? (Include- c*ty and county
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3* How:did the damage or i jury occur? {Give f�i3.1 deta'ls; us-e extr paper if
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4. t�dhat particular act or omission on the t of county or district o cern,
servants or employees caused the injury-or damage?
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6219 South Fron)Road
Livermore:'CA 1.)4550 YK� ,,�
Service & Parts (51 `-;449-4909 f
B.A.R. A•J141931 DATE 19• n
NM E � �r �
ADDRESS ` /�'�/ �- �f CITY PHONE
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YEAR SERIAL NO. BODY STYLE .+
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MILEAGE LICENSE NO. CLAIM NO._ INSURANCE CO.
LABOR
REPAIR REPLACE ESTIMATE OF REPAIR COSTS HOURS P A R T S SUBLET
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: REMARKS:
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HRS. OF LABOR @ S PER HR.
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PARTS k `,
NOT RESPONSIBLE FOR ITEMS LEFT IN VEHICLES. SHIPPING
UNITS NOT PICKED UP WITHIN FIVE (5) DAYS AFTER NOTICE OF SUBLET
COMPLETION WILL BE SUBJECT TO STORAGE CHARGES.
I HEREBY AUTHORIZE THE ABOVE REPAIR WORK TO BE DONE ALONG WITH THE NECESSARY MATERIAL AND
HEREBY GRANT YOU AND OR YOUR EMPLOYEES,PERMISSION TO OPERATE THE CAR,TRUCK OR VEHICLE SALES TAX
HEREIN DESCRIBED ON STREETS,HIGHWAYS OR ELSEWHERE FOR THE PURPOSE OF TESTING AND OR d„r,
INSPECTION.AN EXPRESS MECHANIC'S LIEN IS HEREBY ACKNOWLEDGED ON ABOVE CAR,TRUCK OR ;
VEHICLE TO SECURE THE AMOUNT OF REPAIRS-THERETO.YOU WILL NOT BE HELD RESPONSIBLE FOR LOSS ESTIMATE TOTAL
OR DAMAGE TO VEHICLE OR ARTICLES LEFT IN VEHICLE IN CASE OF FIRE,THEFT,ACCIDENT OR ANY OTHER
CAUSE BEYOND OUR CONTROL.
OUR WARRANTY COVERS LABOR ONLY&ONLY TO THE EXTENT OF FAULTY WORKMANSHIP.WARRANTY ON T O w l N G 8c STORAGE
PARTS SHALL BE IN ACCORDANCE WITH COVERAGE BY THE SUPPLIER.
THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR �•
WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED.AFTER THE WORK HAS STARTED,WORN
OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY BE DISCOVERED NATURALLY. GRAND.TOTAL
THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES.PARTS PRICES,SUBJECT TO CHANGE WITHOUT
NOTICE.
THIS ESTIMATE IS GOOD FOR 30 DAYS FROM THE ABOVE DATE.
THIS WORK AUTHORIZED BY
CLAIM
BOARD.OF SUPERVISORS Of CONTRA COSTA COUNTY, CALIFORNIA
November 1, 1994
Claim Against the..-County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board action. All Section references are to ) The copy of this -document wailed to you is your notice of
California Government Codes* the action taken on your claim by the Board of Supervisors
(Paragraph IV below)f given pursuant to Government Code
count: $110001000.00 Section 913 and 915.4. Please note al 1 • 'f' �►
iie�rnings...
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CLAIMANT: PHILLIPS, Perry and..Winif red
NS
ATTORNEY: c/o Mari B. Abelson G COUNTY COUNSEL
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Campagnoli, Abelson & Capmagnoli Date received
�RTINE�CAU Po
ADDRESS:.: 120 Montgomery St. , Stei. 1100 BY DELIVERY TO CLERK ON C)owlbrpr 1 Zi 1 Qat
San Francisco, CA 94104
BY- MAIL POSTMARKED; (fir-tnhPr 19. 1 qclli lnri- Mai 1
. FRom: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim*
JVILLATCHELOR9 1. �,), -
Clerk
9 DATED: put
1I, fROM: County Counsel TO: Clerk of the Board of Supervisors
{ ) This claim complies substantially with Sections 910 and 910.2. �
{ ) This claim FAILS to comply substantially with Sections 910 and 910.29 and we are so notifying
Claimant, The Board cannot act for IS days (Section 91008).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
.warning of claimant's right to apply for leave to present a late claim (Section 911.3).
i)C)
ether: `r1+1S C.LAI&4 iS It&1NCpPJStattLALD r"D '-'ff1,. < <5 77-04ecL ,
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A4,PJV7res fAIVA- -ro 0c.7046U2. i y, M`t' .A PQto A-To �, id?191 ,
Gl,�4i�te s 0r*_ bra t4Ayz. ro . tS*Vr 7-t e-i 4X4 0v3�' a •9�P���� wrL
Dated:: ��'-�`� `� `{ Y• n n 1
D 6 ---- Deputy Cov ty Cou se
1.11. FROM: Clerk of the Board 70:. County Counsel (1) County Administrator (2)
{ ) Claim was returned as untimely with notice to claitaant (Section 912.3).
1V, pOARD
ORDER: 8y unanimous vote of the Supervisors present
{ ) This Claire is rejected ih full.
t :other:
I certify that this is a true and correct copy of the Board'$ order entered 1n its Minutes for
this date.
Dated: q9qpMIL BATCHELOR, Clerk, By -Ooputy Clerk
WANING Nov. code section 913)
4ject to certain exceptions. ,you have only 51s (b) months from the date -this �Woti>ce fts personally served or
0osited in the nil to file a :court action on this claim. ee Governdent.Code Section.94S.i.
ru say. -;eek the advice of.an attorney of ,your Choi" n.Cor+nettion With this ratter'. If you Mint to consult
p attorney, you should 'do -so mediately. *For additional wa-rniha see reverse si de of thi S Doti ee.
AFFIDAVIT of MAILING
declare under :penalty of perjury that 1 'sm now., and st all times herein mtntianed, haire been Citi eh of the
tni ted States., Lover age .18; and that today 1 deposi t!d .in the itni ted States Postal Service In plarti net.
al i fotrnia, postage fully prepaid a certified copy of thlt Board Order and hotice to Claimant, addressed to
h! 919iftnt .AS shown above.
Bled BY: PHIL 5ATC14ELOR by Deputy Clerk
C: lounty Counsel County Administrator
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SII, C;
CLAIM FOR DAMAGES AGAINST THE
COUNTY OF. CONTRA COSTA, A PUBLIC ENTITY
TO: CLERK OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
V
The following claim for damages is hereby made by and on
behalf of Perry Phillips and Winifred Kay Phillips, and the
particulars of the claim 'are as follows:
A. Name and Address o.f Claimant:
Perry Phillips and Winifred Kay .Phillips
c/o Mark B. Abelson RECEIVED
Campagnoli, Abelson & Campagnoli
120 Montgomery Street, Suite 1100
San Francisco, CA 94104 - OCT 1 4 1994
B. Address to Which Notices Are to be Sent: CLERIC BOARD OF SUPERVISORS
CONTRA COSTA CO.
.See "A", above.
C. Circumstances Which Give Rise To This Claim and
Description of Injuries and Damages to the Claimant:
Perry Phillips on April .11, 1993, severely fractured his left
leg. He was initially treated at John Muir Hospital then as of
April 16, 1993 came under the care of Merrithew Memorial Hospital
and Clinics specifically Dr. Avium Gratch,' M.D. Dr. Gratch
continued to treat Mr. Phillips until June 21- 1994. At -all . times
Dr. Gratch failed to properly treat Mr. Phillips for the fracture
and said - negligent error and omissions by Dr. Gratch caused Mr.
Phillips to suffer a non-union of the fractured bones in his left
leg and further caused the bone ' to be severely angled. Mr.
Phillips eventually needed subsequent surgery and that surgery
should have been done one year before it was done. Winifred Kay
Phillips rendered extraordinary medical care and services to her
husband during the one year's time and also suffered a loss of
consortium during the one year.
Do Amounts Claimed-.
Perry Phillips and Winifred Kay Phillips both claim the
maximum of amount of general damag . allowed by law ($250, 000.00
per claimant) and $1, 000, 0001 T0 specialdamages for wage, loss,
future wage loss and medical x ense6.
Dated: October 120 1911.199,
14
r
- M4R511 $� d DSOs � Q• .
Attor ,e fo C aimants
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY* CALIFORNIA
November. 1, 1994
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsewnts, NOTICE TO CLAIMANT
and Board Action. All Section reference,$ are to The Copy.of this document nailed 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 Mi. s" � _
CLAIMANT: RODRIGUES, Dawn & AmberC C T C
JATTORNEY.: Steven J. ChoiMARTINEZ
"
1440 Broadway, Ste. 306 Date received
ADDRESS: Oakland, CA 94612®2023 BY DELIVERY TO CLERK ON. Octobpr 7 1994
BY .MAIL POSTMARKED:. Hand Delivered via: Risk Mp-mt.
1. FROM: Clerk of the board of Supervisors T0; County Counsel
Attached is a copy of the above-noted claim.
ATCNELDR., Clerk
AT D: �.
JVIL ut
ofpy
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 9.10.29 and we are to notifying
claimant. The Board Cannot act for 15 days (Section 910.8).
( Claim is not timely filed.. The Clerk _should return claim on ground that it was filed late and send
we'rnin9 of claimant's right to apply for leave to present a late claim (Section 911.3).
Now
i � Other:
1 0//0/ q
Dated. Deputy Count .Counsel
P y y
111. fROM Clerk of the Board' . TO:: County Counsel (1) - County Administrator (2)
t
..Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present l
( This Claim is rejected in full.
( -Other:
I certify that this is a true .and correct Copy of the bard's .order entered in its mutes for
thus date.
Dated: PHIL IATCNELOR Cierk ! ut Clerk
• y • oep y
60NING (Gov. code sectior .913)
Wbjett to to*ts{n exceptions# you hate-or+ly Six �6) Months frW the date Chi notice rt# personallr served or
osiz:d :in the mail to file a Court action .on this. claire. See Governeent Code Section 94LL
ray qty seek the advice of an attorney of gear ehoi ee. in connection with this letter. ifyou int to consult
kin .•ttor*►ey, YOU shoul-d do o immediately. *For add ti oval warning see reverse side of this notice.
AFFIDAVIT.oF NAILING
beds** under penal ty of perjury that1 as now, and at all tunes herein mentioned.. we been • citizen of the
Mited States:. over age Is;
and that today 1 deposited Jn the nited Stites Postst Service 11% Pfrrtinet.
:alifornis, postage fully prepaid • tiertifild Copy of this Soa-rd Order and Rot3ce to C1ai�ant, addressed to
the t1simant As shown above. ;
dated: a BY: PHIL SATCNELOR.by 3JL4
oeputy Clerk
:C: LoynLy Counsel County Admi ni strator
t
.._L... OFFICE OF COUNTY COUNSEL DEPUTIES:
PHILLIP S. ALTHOFF
CONTRA COSTA COUNTY
SHARON L. ANDERSON
BRANDON D. BAUM
COUNTY ADMINISTRATION BUILDING ANDREA W. CAS S I DY
_ VICKIE L. DAWES
P.O. BOX 69 MARKE S. ESTIS
VICTOR J.WESTMAN MARTINEZ, CALIFORNIA MICHAEL D. FARR
COUNTY COUNSEL 94553-0116 LI LLIAN T. FUJI I
DENNIS C. GRAVES
SILVANO B.MARCHESI TELEPHONE (510) 646-2041 - GREGORY C. HARVEY
ARTHUR W.WALENTA,JR. FAX (510) 646-1078 KEVIN T. KERR
ASSISTANTS EDWARD V. LANE, JR.
MARY ANN M. MASON
N
PAUL R. MUNIZ
October 10, 1994 VALERIE J. RANCHE
DAVID F. SCHMIDT
DIANA J. SILVER
VICTORIA T. WILLIAMS
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Dawn and Amber Rodriques
c/o Steven J. Choi
1440 Broadway, Ste. 306
Oakland, CA 94612-2023 , '
RE: CLAIM OF: Dawn and Amber Rodriques
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:
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.
[X] 3 . The claim fails to state the date, place or other
circumstances of the occurrence or transaction which gave rise
to the claim asserted.
[X] 4 . The claim* fails to state the' name (s) of the public employee (s)
causing the injury, damage, or loss, if' known.
[X] 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.
[XJ 6 . The claim is not signed by the claimant or by some person on
is behalf .
[J 7 . Other:
VICTOR J. WESTMAN, County Counsel
By•
Deputy County Counsel
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 I 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 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: October 10, 1994 at Martinez, California.
cc: Clerk of the Board of Supervisors (original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE H 910, 910.2, 920.4, 910.8)
LAW OFFICES of
STEVEN JAMES CH OI
3150 HILLTOP MALL ROAD 1440 BROADWAY. SVITC 300 ONE SANSOME 97099T. SU1TC SOOO
RICHMOND, C^6I r01tN1A O�dOd ow�Ld�►N�• CALIFORNIA 94812-2023SAN FRANCISCO. CALIFORNIA 64104
1510) •�O�JOO 1►101 777r4i7i
TtLCPMONE (4101 i44-4A70
R1.RolE AtPLY TO
Pr
ACSiMILC (610)444-443 15300 ST[V[NS CREIK •LVO., •VITC 360
OAK LANG O�>rlerl� SAN JOSS, CALIFORNIA 05120
i40e) Ed4�OO
October 7, 1994
y
Julie Aurnock
Contra Costa County Risk Management
651 Pine Street, 6th Floor
Martinez, CA 94553
. Fie: our Client: Dawn Rodrigues RECEIVED
Amber Rodrigues
Your Insured: Animal Control OCT 7 0994
Claim No.: Unknown
Date of Accident: June 4, 1994 CLERK sOAW of SUPeRASORs
CONTRA COjT,A co.
Dear Julie Aumock:
Our office represents Dawn Rodrigues and Amber Rodrigues with respect to
the above claim. Please note we are making a claim for money damages and that
legal action may be taken in the event this matter is not resolved. Please advise in
writing if this notice of claim has been sent to the wrong person or is insufficient in
any respect.
1. Adiuster and Claim Number: Please advise us of the adjuster and claim
number of this case. Please forward all documents needing execution.
11. Bodily Inlury: Our clients were injured in this accident and will be making a
claim for personal injuries.
III. Authorization: Please find enclosed an Authorization pursuant to Section
2695.2 of the �Callfornia Insurance Code. Please direct all communications to the
undersigned.
Thank you for your courtesy and cooperation.
Ve truly o
RECEIVED
ocr 7
VU
J hn Cortes
_.
fStevanJames Choi � t RK soA�oof su Rvml.a Office o COMMMST
OCT-07-1994 13=39 96% P.02
•
rt
r
AUTHORIZATION. To HANDLE INSURANCE CLAIM
Pursuant to Section 2 .2 f the California Insurance Code, I hereb authorize
s on X95 o e oy
the Law Office of Steven James Choi to handle my insurance claim arising out of
jhe accident dated: June 4, 19949
This authorization is valid for one year from the date set forth below unless
otherwise revoked or renewed in writing by the undersigned. All prior
authorizations are hereby revoked.
A photocopy of this authorization shall be construed as effective and valid as
the original.
.r
•
Dated:, X
awn Rodric
A•
ues
I
{ SLP 2
z
,
. A
96% P.03
OCT-0?-1994 13:40
0..
AUTHORIZATION TO HANDLE INSURANCE CLAIM
Pursuant to Section 2695.2 of the California Insurance Code, I hereby authorize
the Law Office of Steven James Choi to handle my insurance claim arising out of
the accident dated: June 4, 1994.
This authorization is valid for one year from the date set forth below unless
otherwise revoked or renewed In wrlting by the undersigned. All prior
authorizations are hereby revoked.
A photocopy of this authorization shall be construed as effective and valid as
the original. r..
r
_Tr.
• w
Dated: (Paw2nRaodr1guei-for•.
Amber Rodrigues (a minor)
A.
RECEIV 2 .6 a%
f .
96� P.04
OCT-07-1994 13=40
1,
1 .13
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
November 1, - 1994
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to The copy of this document hailed to you is your notice of
California Government Codes, the action taken on your Clain by the Board of Supervisors
(Paragraph IV below),. given pursuant to Government Cod_e
�u s .
amount; Section 913 and 915.4. Please note it l rn n. :Std,=',;.%•t 5 .?
$500,000.00
CLAIMANT: SESSION Dwight OCT
TTO E 1A 'INAZ CALIF.
Oa to received
ADDRESS: 5535 Giant Highway BY DELIVERY TO CLERK ON nri nhPr 1 7 1(agLL
Richmond, .CA 94806
BY MAIL POSTMARKED OrtnhPr 11 : 12-C)i Cert_ Mai 1
1. fROM: Clerk of the. Board of Supervisors 70: County Counsel
Attached is a copy of the above•noted claim,
IV-1LLATCIVELORs Clerk
ATED: uD Dy
110 FROM: County Counsel TO: Clerk of the Board of Supervisors
{ ) This claim cm*lies substantially with Sections 910 and 910.2 �
{t, This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 1S .days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on *round that_ it was filed late and send
warning of claimant's right to Apply for leave to present 'a late claim (Section 911.3)1
( ) Other:
Gated: �C� ��- �Z BY: - Oe ut Count Counsel
P Y y
1110- FROM: Clerk of the Board TO: County Counsel 41} County A ni ni strator. (2).
t ) Claim.was returned .as untimely with notice to claimant (Section 911.3)0
1Y. 1DARO'.ORDER: By unanimous vote of the Supervisors present.
{ ) This Clain is rejected in full.
{ other:
1 certify that this it a true and correct copy of the foard's .order entered 1n Its minutes for
this date,.
Dated: 1 PNIL IIATCNELOR., C1lr'_
k0 By , Deputy Clerk
MUNING (Gov, code Section 913)
Sub jtct to cerUi n e:Cept i ons, you *ave only e l s (6) months from the date this nti cs was personal l y served or
Upo;i ted in the Sail to file a court action on this claim, See Government Code Section.'945.6.
rou any seek the advice of an attorney of your .choice in connection With this natter. if rou went to consul t
kn Wormy.. YOU should do so iwnediately. *For add3 ti oral warning see reverse side of this noti.ce..
AFFIDAVIT of i4AILING
I declare under Penalty of perjury the! I am noir, and 'at alltines blrtin erentioned, bare been a citizen of the
)"ited States,. ever age .la; and that today I deposited in * United States Postal Service 1n ftf-time
:alifornia. postage fully prepaid • certified copy of this card _order and-Notice `. .Clainnte addre=sed to
the tlaiverit as .ihCAM abovee
r
htsti: - Y: PN AT Deputy Clerk
C1 B IL B CNfLOR by p y
:C: rounty CoQnfel County Admtni5trat0r
._.:..� OFFICE OF COUNTY COUNSEL DEPUTIES:
PHI LLI P S. ALTHOFF
CONTRA COSTA COUNTY
SHARON L. ANDERSON
BRANDON D. BAUM
� COUNTY ADMINISTRATION BUILDING ANDREA W. CAS S I DY
VICKIE L. DAWES
P.O. BOX 69 MARKE S. ESTIS
VICTOR J.WESTMAN MARTINEZ, CALIFORNIA MICHAEL D. FARR
COUNTY COUNSEL 94553-0116 LI LLIAN T. FUJI I
DENNIS C. GRAVES
SILVANO B.MARCHESI TELEPHONE (510) 646-2041 GREGORY C. HARVEY
ARTHUR W.WALENTA,JR. FAX (510) 646-1078 KEVIN T. KERR
ASSISTANTS EDWARD V. LANE, JR.
MARY ANN M. MASON
N
PAUL R. MUNIZ
October 12 , 1994 VALERIE J. RANCHE
DAVID F. SCHMIDT
DIANA J. SILVER
VICTORIA T. WILLIAMS
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Mr. Dwight Session
West County Detention Facility
5535 Giant Highway
Richmond, CA 94806
,.l
RE: CLAIM OF: Dwight Session
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.
[X] 2 . The claim fails to state the post office address to which the
person presenting the claim desires notices to be sent. The
claim states "SEND NOTICE TO: ATTORNEY" but does not give the
name and address of the attorney.
[] 3 . The claim fails to state the date, place or other
circumstances of the occurrence or transaction which gave rise
to the claim asserted.
[]
4 . The claim fails to state the name (s) of the public employee (s)
causing the injury, damage, or loss, if known.
[] 5 . The claim fails to state whether the amount claimed exceeds
AW
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.
[X] 6 . The claim is not signed by the claimant or by some person on
is behalf .
[]
7 . other:
VICTOR J. WESTMAN, County Counsel
By.
Deputy County Counsel
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: October 12, 1994 at Martinez, California.
PS.
CC: Clerk of the Board of Supervisors (original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE §§ 910, 910.2, 920.4, 910.8)
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6.
ML Dw--"ght Session RECEIVED
5535 Giani. Highway
ED
Richniond,Calif. 94306
OCT
. 1994
RE'
Oc�:���.�er• 3 . 1994
- -� -..� RD OF SUPERVISORSBoard 0f Su er viso � A�COSTA CO.
651 Pine St. Room 106
County Adni inistration. Build.
MARTINEZ s C, . 94553
RE; wright Session
90 Dwy Letter-9
TO WH(,.)M IT MAY CNOERN,
Please be advised that it is rrty intention to f ile a Civil Action
for legal. Malpractice against Mss vang i l ine Brown and the: Contra
Costa County Public Defenders Office, for Negligence and
Misfeasance In the' handling of uty legal matters"
in Delta Judicial
District Mixnicipal Court Docket Ni.nY�er•s,04-886697 ,04-088547-9,04-
087375-2 War, and 91216-2.
The P i l i ng if this action f 6-y- damages ill o#::c ur- withirl
ninety (90) day Is of tbe. date of this letter. Please ten:fir--r this
rna I'Ler to your ira-ro f e s s ional e-rrors and oyrtissions, 3.nsuranc(F.,,.
carrier so -that settlement negotiations can be initiated-,
RESPECTFULLY SUBMI TED
0
tion i e.e1.v;d3llai41;jmC✓rui..rts'nes+:+a.:w:`.:a.i;:.a.w4:..:.:r.i.....+1t.s+:e.a__.....y.••.••.,•••^�.`:»r- :•►.:tiYiai9lua:l.Ys"2.�ai��_'�."Sy�'-®. - +,.6'wtiiiia'teim�Mi'/Mliuu'.wtYJ1.t4:A'i.:*.1'&.s:Yni+J6:3itvHNuavfAW✓Jsvd!.iliezll6sllw.ala 'w i'n �—- ..a. -_......a....a.i.a..+.✓su� i.v .ar.An+L....,..r........w.r,.,..>..,.
t
1 Mr... Dwight Session
2 5 5 3 5 Giant Highway
3 Richmond 6 Ca. 94806
4
5
6
7
8
9 Dwight session }
10 )
11. Plaintiff )
12
13 v.
14 )
15 County of Contra Costa, )
16 Contra County Public Def enders Office )
17 .and )
18 Evangiline Brown )
19 )
20 Defendant )
21 )
22
23
24
25
26
27 The undersigned claimant makes claim. against the County of Contra
28 Costa or the above-nar ted District in the sum of $500, 000. 00 and
29 in support of . th.is .claim represents as follows:
30
-----------.------------------------- -----------------------------
-
31 1 Ween did damage or i.n j ury O c cur? (Give exact date and hour)
32
33 August 16, 1994 and thereafter,
34
3 5 2. Where did damage or• injury �cc�ur9 ( Include city .and county)
36
37 Martinez, Ca. Contra Costa County,
33
39 3 . How did the damage or i.nj ury' occur? .(Give full det1a:ils, use
40 extra paper if required). .
41
42 Mal-intent, Malpractice, Malfeasance by breach of duties
43 by Public Defender.
44
45 4. What particular act or. omission on the -part of county or
46 district officers , servants or employees caused t.he iniury or
47 damage?
48
49 A. Failure to consolidate cases as she represented she
50 had.
51 B. Disclosure of information prejudicial to ' client by
52 public 'Def ender,
53
54. 5. What are the naraes of county or. district officers , servants or
employees causing the damage or injury'.
2
3 Evangiline Brown
4
5 6 . What damage or injury do you claim resulted? £Give Full extent
6 of injuries or damage claimed. Attach two estimates for auto
. 7 damage,
8 Loss of freedom, Loss of rights, violation of all due .
9 process, Delay in release from custody..
10
11 7 . How was the amount claimed above computed? ( Include the
12 estimated amount of ant prospective injury or damage. )
. 13
14 $500.000.00 General Damages, Stress Aggravation, Mental
15 stress.
16
17
18 8 . Thames and addresses of witnesses, doctors and hospitals.
19
20 Not currently Ascertained
21
22 9. List the expenditures you made on account of this injury.-
23
njury.23 Date Item Amount
24
25 Not Currently Ascertained
26
27 Gov.. Code Sec. 910.2 provides
28 ' The claim must be signed by
29 the claimant or by some other
30 person on his behalf.
31
32 SEND NOTICE TO e A.T TOPX4EY
33
34
35 NAME AND ADDRESS OF CLAIMANT
36 Mr. Dwight Session
-3%7 West County Detention Facility (Claimant' s Signature)
38 553.5 Giant Highway
39 Richmond, Ca 94806
40
41
42
43
44
45 NOTICE
46
47 Sectio: 72 of the Penal Code provides
48
49 "Every person who, with the intent to defraud, presents for
50 allowance or for payment... to ant state board or officer, or to any
51 county, city or district board or officer, authorized to allow or
.52 pay the same if genuine, any false or fraudulent claim, bill,
53 account, voucher, or writing, is punishable either by
54 imprison ment in the county jail for a period of not more glen one
7
�. ( 1 ) year, by fine of not exceeding one ( i ) thousand ($1 ,000 ) ., or
2 by both such .imr-trisoi-orient and fine , or by i-mpr .soment in the
3 stave prison, by fine of not exceeding ten( 10.) thousand dollars
4 ($10 , 000 , or by both imprisonment and fine..
.CLAIM
• BOARD OF- SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
November 1, 1994
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT
and Board-Actione All Section references are to The copy of this document sailed to you is your notice of
California. Government Codes. . the action taken on your claim by the Board of Supervisors
(Paragraph Iv below), given pursuant to Goverment Code
Amount: Unmown Section 913 and 91'5.4. Please note all •warnis" ri ' , , .
CLAIMANT: WILSON, Kent & Cheryl CHIN, Gaynor & Momi
OCT 10 12
2I 4
ATTORNEY: Michael J. Cochrane COUNTY COUNSEL
Nelson & Leighton Gate received MARTINEZ CALIF`
ADDRESS: 939 Hartz Way, Ste. 210 BY DELIVERY TO CLERK ON nrtnhPr 7_ 1ggz4.
Danville, CA 94526
BY MAIL POSTMARKED: T4and_DP_1 i vPrPd via R i sk Ms7mfi mom
1, FROM: Clerk of the 'board of Supervisors TO: County Counsel
Attached is a copy of the above noted claim.
IClerk
DATED: ® �� lLA7CHELOR,0put
y
110 FROM: County Counsel TO: Clerk of the Board of, Supervisors
("4,This claim comlies substantiallywith Sections 910 and 910.2..
{ ) This claim -FAILS to comply substantially with Sections 910 and. 910.2, and we are so notifying
claimant. The Board cannot act for 1S days (Section 910.6).
{ ) Claim is not timely filed, The Clerk should return claim on ground that-it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
Other:
. Dated: 0 ho BY: Deputy County Counsel
ills ' FRAM: Perk of the Board TO: County Counsel (1) County Admi ni strator (2.)
t Claim was returned as untimely with notice to claimant (Section 911.3)
1V. 84ARD ORDER: By unanimous vote of the Supervisors present
{ This Claim is rejected in full,
-
( ) Other:
I certify that this is 4 true and correct copy of the Board's Order lhtered in its minutes for
this date.
Dated-, j1AIl BATCHELOR, Clerk, By o , Deputy Clerk
.MARNING (Gov. code section .913)
Subject to ce*tai n except. ons, You have only six (b) months from the date this notice was personally served or
Repos i Led i t the r i l to file a court action on this c i a m. See Goverment Code Section 945.6.
You try seek the:advice of an.attorney of your.choice in cOrneCtion gith this wetter. If you want to consult
an attorney, you should do so imneQ etely. .*For Additi�onal�� warning see reverse side of this notice.
AFFIDAVIT .or MAILING
3 declare under penalty of perjury that I am now, and at all ties herein s�entioned, hrty! been a tititen of the
United States, over age 18; and that today-1 deposited in the United States Postal Service it Merti-nez,
=al i fornia, postage fully prepaid a certified copy -of this Board Order and Notice to Clain&nt, addressed to
It* =laitaant as shown above,
meted: a. 99 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator - -
,GORDON, DeFRAGA, WATROUS & PEZZAGLIA
A Law Corporation
Allan DeFra aGregory D. Rueb
Thomas A.Watrous
George R.Gordon
Jaynes A.Pezzaglia (1966-1993)
Timothy J.Ryan September 29, .1994
h = i
ytyjl�.
Peter D.Langley Mailing Address:
Richard S.Bruno COUNTY COUNSEL P.O.Box 630
Bruce C.Paltenghi MA TINEZ CALIF. Martinez,CA 94553
v
.Mr. Ron Harvey
Liability.Claims Manager
Office of the County-Administrator
651 Pine Street, Sixth Floor
Martinez, CA 94553
Re: Claimants: Dent and Cheryl Wilson; Gaynor and Momi Chin
Client: Blackhawk Geologic Hazard Abatement District
Dear Mr. Harvey:
This letter will confirm our telephone conversation of September 29, 1994 in
connection with the above-referenced matter, which concerns property damage claims
asserted by two homeowners in the Silver Oak Townhomes. development in Danville.. A
copy of the claims presented by Ken** and Cheryl Wilson and Gaynor and Monti Chin, are
enclosed herein. You will note that Nilson and Chin are claiming damage to their
respective townhouse units as a result of alleged negligence on the part.of the Blackhawk
Geologic Hazard Abatement District in repairing the units in 1993. These claims were
presented to the Clerk of the Board of Supervisors on August 12, 1994.
On August 19, 1994,you sent-a letter to'the claimants' attorney, Michael J. Cochran
of Nelson&Leighton, advising that the claims are being forwarded to Mr. Richard Nystrom,
General Manager of the District. A copy of this correspondence is enclosed herein for your
reference.
I understand that the Board of Supem*sors serves as the governing body of the
District. Accordingly, you are requested to please arrange for this matter to be brought to
the Board's attention and have the appropriate notices of claim deficiencies and/or rejection
sent to the claimants at the earliest opportunity.
Should you have any questions or desire any action. on our part, please do not
hesitate to contact me.
N .Ve t rs RECE
.0
J. RYAN
TJR\lmY.,...
CLLR :goys
cc: Richard Nystrom
John L.aViolette
Enclosure WW533H
611 Las Juntas Street,P. O. Box 630, Martinez, California 94.553 • .Telephone (510) 228-1400
Facsimile(510)228-3644
r
CIa::: :.0: BOAPM-uF SUPERVISORS OF CONTRA OSA Mun ly
INS IRUCrIONS TO CLAIMANT
A. Cla 4A rs relating to causes of action for death or forinJury to person or to per
soral property or wing crops and which accrue an or before December 31, 1987,
must be presented ( Tater than the loath day after the accrual of the cause of
action. Cla#ras 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 mcnths after the accrual of the cause
of actions Claim`s relating to any other c$use of action must be presented not
later than one year after the accrual of the am-Ise of action. (Govt. Code §911.2.)
Be Cla =st be fUed with the Clerk of the mrd of &1pwvisors at its off ice in
Ro= lob, .County Administraticn �dfrig, X51 PStreet, Msrti.nez, CA 94553.
Ce If claim is aga i rzst-a district governed by .the Board of Supervisors rather than
the CoMty, the name of the District should be filled in.
De If the claim is against more than ow public entity,, 3eperate claasst be
filed against each public entity.
E. Fraud. See penalty for fraudulent claf=, Peml. Code Sec.. 72 at the end. of this
for=*
e e e � � � f � � e � e # e � a e a � • � a a e e � e a e � � e a � � � e # � � � � �
RE: Claim By J Re f r Cl Ming s amp
AL
KENT C , &' CHERYL K * .WILSON �
RECEIVED
Akins the City of ntra std0
1 2 �.
or. �C;�00
District) CLMK BOARD of su-. ..:
lri name CONTRA COSY,,.�.:�..Q-c.
The undersigned e3aimant hereby makes claim against the County of Contra► Costa or
the abover nawd District 1ff*MX1MW $ excel s o f 75 0 0 amd. in support of
this claim represents as follows:
Y� M
1. When did the etamage oar injury occur? (Give exact date and hours
Exact date and ,time unknown r Damage to real property has manifested
within .the six months pr.ecee-ding the filing of this claim.
2s Whezve did the. damage or in3ury occur? (Incline city and county
543 SILVER OAK LADE, DANVILLE CA
�"� ___• _,.. �mow....«__
3. How did the damatge car Injury occur? (Give full details; use extra paper if
required)Claimant has . observed damages to their townhouse units manifesting
in interior and exterior wall- cracks and separations differential floor
movements, lateral movements of fencing and decking, heaving, shifting b
cracking of foundation elements
low-
4. what particular act or gsiOn on the part of county or. district officers.
servants or employees caused the injury or e?The Geologic Hazard Abatement Dst
and its employee, Sohn Laviolette, investigated claims of damages at
claimants unit i.n march, 1993 and designed a repair plan for claimants uni
Claimant is informed and believes that the scope of reDBir was inadequate,
negligently proposed and otherwise deficient,- and is contributing to the
damages observed at their residence.
Do wnaL are �ne na:Des of" 't_ A..1ty or district officers, serves. . or employees causing
or injury?
Geologic Hazard Abatement District; John LaViolette.
5. what rtamage or inJuries do you cl.sim resulted? (Give fal extent of in cries or
damages claimed. Attach two estimates for auto damage. Damages to founds tion at
Claimants townhouse unit; damages to interior, of. ` townhouse unit manifestinc_
in wall cracks, out of level floors; damage to fencing and decking.
4W 4M wdft�40MWMP woman
76'' How was the amount claimed above oputed? (Include the estted t of any
prospective injury or. e,)Estimated cost of -repair in excess of $75 ,, 0.00.00
is based upon discussions with licensed soil engineer and engineering
and general contractor.
S. Names. and addresses of witnesses, doctors and h03pita23 9
Claimants are witnesses to the damages inr their units., as. is John
LaV,olette of the Geologic Hazard Abatement District..
9* List the expenditures you made en account of this accident or injury:
DATE ITEM. AMOUNT
NONE TO DATE ,
I A 0 0. #.4. # 0 41 0 0 0 0it 45 f i a f f 9 f ! f
Gov.. Code Sec. 910:2 provides:.
"The claim must be signed by the claimant
Mal NOTICES TO: (Attorne ) or ty same n
Name and Address of. Attorney
MICHAEL J. COCHRANE
NELSON & LE I GHTON - aimant s Signature
939 HARTZ. WAY, STE , 210 ,
DANVILLE CA 94526 9 39 iiARTZ WAY, STE . 210
DANA I Li.E CA 94526
Telephone No. (5.10) 8 3 7* 8 019 Telephone No. (510) 8 3 7-8 019
eeAafs aaeaaaee fee
N0. TICE
Sec t i an 72 of the Penal Code provi de.s
."Every person Who,. with intent to defraud, presents for allowance or. for
payment to any state. board or officer, or to any oauntiy, city or district board or
officer, authorized to allow or pay the sage if genuine, any false or fraudulent
claim, bill, account, voucher!. •,or writing, is punishableeither by imprisonment in
the county jail for a period of not more thanone year, by s fine of not exceeding
one. thousand ($1,000). or by both such imprisonment and fine, or by impri sonroent in
the state prison, by a fine cf'.not exceeding- ten thousand dollars ($10,000, or by
both such i.mprisommnt and fine.
CONFIDENTIAL
COUNTY COUNSEL' S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
MEMORANDUM
Date: October 7, 1994
TO: Jeanne Maglio, Clerk of the Board of Supervisors
FROM: Victor J. Westman, County Counsel
By: Brandon. Baum, Deputy County Counsel InL
RE: Claim of Kent and Cheryl Wilson, et al.
Please treat this letter/claim form as a claim.
l