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MINUTES - 11071995 - C21
CLAIM C f BOARD OF SUPERVISORS OP-CONTRA COSTA COUNTY, CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1,000,000.00 Section 913 and 915.4. Please note all "Warnings". �l �� � � CLAIMANT:Nathaniel David Blair �- ATIORNEY:Daniel A. Muller pCT - 9 1995 Date received g ADDRESS: P.O. Box 218 BY DELIVERY TO CLERK ON Octoig=y F. Danville, CA 94526 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �aIL BgATCHELOR, Clerk DATED: October 9, 1995 : Deputy_ .j Q II. FROM: County Counsel TO: Clerk of the Board of Supervisors (✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). Other: 0610 5 Q4n_A e(.Cp,4A,43 t.�1 CsQAh Dated: to — r" BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) (v/f" Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: //_ y—/9'q_d__ PHIL BATCHELOR, Clerk, By &Z: 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 g Pgoij Deputy Clerk CC: County Counsel County Administrator A. "'Clair: to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Clai-ns 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 brops 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. or 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. R:::, Claim By ) Reserved for Clerk's filing stamp NATHANIEL DAVID BLAIR v� - } Against the County of Contra Costa ) OCT - 6 M or District) [CLEONTRACOSiAyRB Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ .. 1 ,0 0 0 ,0 0 0 and in support of --this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) On several occasions between 3/18/95 and 4/11/95 2: Where did the damage or injury occur? (Include city and county) a. Blackhawk Police Station, 1092 Eagle Nest Place, Danville, CA 94506 b. 5211 Blackhawk Drive, Danville, CA 94506 c. other various locations in the community kiiowri as Blackhawk 3. How did the' damage or injury occur? (Give full details; use extra paper if required) (SEE ATTACHMENT) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (SEE ATTACHMENT) wnat are the names of county or district officers, servants or employees causing the damage or injury? Lt. Gary Hall and Contra Costa County Sheriff ' s Department 5. What damage or injuries do you claim resulted? (Give full extent ofinjuries or damages claimed. Attach two estimates for auto damage. Violation of Constitutional rights of privacy, right to counsel, and prohibitions against unreasonable search and seizure. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Estimate 8. Names and addresses of witnesses, doctors and hospitals. Kent G. Blair Brad & Drew Rucker Dawn Johnson 632 Hartley Drive 2323 Saddleback Dr. 291 Acacia Lane' Danville, CA 94526 Danville, CA 94506 Alamo, CA 94507 9. List the expenditures you made on account of this accident or injury: DAT, ITEM AMOUNT Gov. Code Sec. -910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Atto_►^ne ) or by sorA person on his behalf." Name and Address of Attorney `Daniel A. Muller Gagen, McCoy, McMahon & Armstro g C1aimant's Si5na tore .279 Front St. P.O. Box 218 on ehalf of irk Pro er Claimant Danville, CA 94526 632 Hartley Drive Address Danville, CA 94526 - Telephone No.(510) 837-0585 Tele!n ane No. (510) 837-8371 N 0 T I C E Section 72 of the Penal Code provides: - "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill,, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by. both such imprisonr.)ent and fine. Page 2 ATTACHMENT: Claim to: Board of Supervisors of Contra Costa County 3. While investigating a series of residential garage burglaries, County Sheriff's Lt. Gary Hall violated claimant's constitutional civil rights by interrogating claimant without properly advising claimant of his Miranda rights, by coercing confessions and otherwise inculpatory statements from claimant by various means, including threatening to ensure claimant would receive jail time if he failed to confess or identify other individuals, threatening to perform drug tests without basis, and making false representations regarding charges to be filed by the District Attorney, and false promises of leniency. Claimant's right to counsel was violated by Lt. Hall when Lt. Hall ignored claimant's request for counsel and threatened to arrest claimant if he did not "cooperate." Deputy Hall also used coercion to violate claimant's privacy rights when he, his wife, and other deputies used claimant's parents' home for purposes of meeting with and interviewing other suspects and their families. 4. See #3 above. The above-described violations of claimant's rights were directly caused by the County Sheriff Department's failure to sufficiently train or otherwise supervise the aforementioned county employees. Furthermore, the acts of the deputies exhibit a pattern which demonstrates a custom or policy of the county to allow such violations. 1 Declaration of Personal Service 2 I, the undersigned, declare: 3 That I am a citizen of the United States, over the age of eighteen years, and not a party to the foregoing action; that my 4 business address is 279 Front Street, Danville, California. 5 That on October 6, 1995 I personally served copies of the within CLAIM on: 6 r . 7 Clerk Board of Supervisors 8 Room 106 County Administration Building 9 651 Pine Street Martinez, CA 94553 10 11 I declare under penalty of perjury that the foregoing is true and correct. 12 13 Executed October 6, 1995 at Danville, CA 14 15 16 ry ITriner 17 18 119 120 i21 I22 23 '24 24 25 26 -1- 2 CLAIM e . dZ/ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Donna Broussard ATTORNEY: Dona Cohn, Esq. Date received ADDRESS: 100 Bush St. , Ste. 700 BY DELIVERY TO CLERK ONSQpte_m_ber 29, 1995 San Francisco, CA 94104 BY MAIL POSTMARKED: September 28, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. , October 3 1995 EVIL BATCHELOR, Clerk DATED: BY: Deputy d II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Vr 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: 10 —:3—�7 BY: /L�-- Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By Unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: //_ —/q'ys' 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: BY: PHIL BATCHELOR byeA"CLi&,�puty Clerk CC: County Counsel County Administrator RECEIVED SEP 29 PA CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Donna Broussard CLAIM AGAINST CONTRA COSTA COUNTY, BOARD OF SUPERVISORS VS. CONTRA COSTA COUNTY, BOARD OF SUPERVISORS and DOES 1-50, public entities and their employees. CLAIMANT'S DATE OF BIRTH: July 21, 1959 CLAIMANT'S ADDRESS: 1327 Burbeck Street Richmond, California 94801 TELEPHONE: (510) 233-7286 ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT FROM ABOVE: Dona Cohn, Esq. , Law Offices of Jacoby & Meyers, 100 Bush Street, Suite 700, San Francisco, CA 94104 DATE OF OCCURRENCE: May 7, 1995 TIME: appr. 12 : 30 a.m. LOCATION OF ACCIDENT: Deliverance Temple Apartments 4308/4312 Potrero Avenue, Richmond, CA DIRECTION PUBLIC VEHICLE WAS TRAVELING? N/A HOW DID THE ACCIDENT OCCUR? Claimant was shot while a guest on the above referenced premises. The premises did not have adequate security and lighting which would have prevented this incident and Claimant's injuries. INJURY OR DAMAGE CLAIMED: including, but not limited to collapsed lung, fractured ribs, multiple gunshot wounds and severe emotional and psychological trauma. NAME AND/OR I.D. NUMBER OF PUBLIC EMPLOYEE(S) INVOLVED: Specific names not known. CLAIM AGAINST CONTRA COSTA COUNTY, BOARD OF SUPERVISORS Page 2-Donna Broussard NAME(S) OF TEL. NOS. EYEWITNESSES) N/A Damages included, are but are not limited to loss of earnings and capacity to earn future wages, medical and hospital bills, past, and present and future, and pain and suffering, emotional trauma and general trauma and general damages. Information provided herein is based on that which is available to Claimant as of the date of the presentation of this claim. Damages are sought in an undetermined amount, pursuant to California Government Code Section 910, and said damages are in excess of the minimum jurisdiction of the Superior Court of the State of California. I DECLARE, UNDER PENALTY OF PERJUR THATE A jJS TRUE AND CORRECT. / Signed by or on behalf of Claimant: ona E. Coin Attorney for Claimant PROOF OF SERVICE BY MAIL - CCP 1013a I, being first duly sworn, deposit and state that: I am a citizen of the United States and am employed in San Francisco, California. I am over the age of eighteen years and not a party to the within entitled cause. My business address is 100 Bush Street, Suite 700, San Francisco, California, 94104. I am familiar with the practices of the Law Offices of Jacoby & Meyers for collection and processing of correspondence for mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United States Postal Service the same day it is submitted for mailing. I served the foregoing: CLAIM AGAINST CONTRA COSTA COUNTY, BOARD OF SUPERVISORS on the defendants in said cause, by placing two original claims for each defendant thereof for collection and mailing, in the course of ordinary business practice, with other correspondence of the Law Offices of Jacoby & Meyers, located at 100 Bush Street, Suite 700, San Francisco, California 94104 , on September 28, 1995, enclosed in a sealed envelope, with the postage fully prepaid, addressed as follows: Contra Costa County Board of Supervisors Room 106 County Administration Bldg. 651 Pine Street Martinez, CA 94553 JENNIFER PURCELL 0 0 � Jr- ON q r-Nq SP a Z-n Ln LA 0 Sary ;t� 00 • .i mit p,�. 00 9 2- i'' CLAIM C . a BOARD OF SUPERVISORS GF CONTRA COSTA COUNTY, CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $200,000.00 Section 913 and 915.4. Please note CLAIMANT: Mimi Bull 0 C T - 4 1995 ATTORNEY: Date received COUNTY COUNSEL ADDRESS: 1365 Brewster Drive BY DELIVERY TO CLERK ON October 3, TINIr2 CALIF. El Cerrito, CA 94530 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: October 4, 1995 �d: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his 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). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓ ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. /�// Dated: //—'y—/�.9� PHIL BATCHELOR, Clerk, ByJ'_ �+ 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: BY: PHIL BATCHELOR by &4_4,�eputy Clerk CC: County Counsel County Administrator r Claim to: mm LT,,_2, SIIPEVIsoRS of C vim COSTA t m =UCTIONS TO C1--kDim 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 Roan 106, County Administration Building, 651 Pine Street, Martinez, CA .94553- C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name. of the District should be filled in. ' D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code See. 72 at the end of this form. * * * * * * * * * * 1I * * * * * * * * * * * * * * * * * * * * * * * * * * 11 * * * * * RE: ,U-hjm By ) Reserved for. Cler�'s filing stamp MIMI BULL ) RECEIVED Against the County of Contra Costa Ar ) OCT - 3 NORTHERN CALIFORNIA District) CLERK BOARD OF SUPERVISORS Fill n name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim attaint the Cqunty of Contra Costa or the above-named District in the sum of $ 2on- and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) COMMENCING ON 0 ABOUT APRIL 5, 1995. AND-CONTINUING TO DATE. --------- 2. Wbere did the damage or injury occur? (Include city and county) MARTINEZ, CALIFORNIA, CONTRA COSTA COUNTY �c...�_.._...,_.....� _��_—�.___.—r �_— .� _� . --� .f ---- 3. How did the damage or injury occur? (Give full details; use extra paper if required)- CIVIL RIGHTS VIOLATIONS IN EMPLOYMENT AND"RROMOTIONAL PRACTICES - see attached 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? DISCRIMINATION IN PROMOTIONAL PRACTICES DISCRIMINATION IN WORKERS COMPENSATION BENEFITS ISSUED (over) 'f 5. What are the naives of county or district officers, servants or employees causing boe damage or injury? Contra Costa County Administration and Personnel and DOES 1 through 100 Dolores Debaca, Ken Adams, Larry Fougazi, -Virginia Rose, John Lee ------------------------------ ------- What damage or injuries do you claim resulted? (Give full extent of .injuries or- damages claimed. Attach two estimates. for auto damage. RACIAL AND AGE DISCRIMINATION UNFAIR HIRING AND LABOR PRACTICES, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND DISCRIMINATION IN PROMOTIONAL OPPORTUNITIES 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) SEE ITEM 9 ------------------------------------------------------------------------------ 8. Names and addresses of witnesses, doctors and hospitals. DR. DEBORAH WAFER, 3100 TELEGRAPH AVENUE, OAKLAND, CA DR. DOUGLAS RIDEY, 1330 TARA HILLS DRIVE, PINOLE, CA SUMMIT MEDICAL CENTER, 3300 WEBSTER STREET, OAKLAND, CA -- --------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Continuous since date of hire pain & suffering (general damages) $100,000.00 Medical, hospitalization, medication, transportation, physicians 20,000.00 (est.) Lost wages 30,000.00 LEGAL AND ATTORNEY FEES (estimated up to 1/3) 66,000.00 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or some person—on his behalf." Name and Address of Attorney Cla gnature 7 2365 _BREW TER DRIV E-- Address EL CERRITO, CALIFORNIA 94530 Telephone No. Telephone No. 510/ 235-2880 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, accotmt, 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. , Social Service Department Contra Please reply to: James A.RydirtgswordCoS{� 24m Stanwell Drive-,#200 L P.O.Box 5488 d'reoo1 Concor4 California 94524 County AFFIRMATIVE ACTION PROGRAM DISCRIMINATION COMPLAINT FORM The Affirmative Action Coordinator of the Social Service Department will investigate the circumstances surrounding your complaint. The role of the Affirmative Action Coordinator is to mediate your complaint at the informal level within the Social Service Department. If your complaint isn't- successfully mediated, you may appeal to the County Affirmative Action Officer. If you want a formal- investigation, you may appeal directly to the Merit Board. You are entitled to retrieve documents submitted to the Affirmative Action Officer or Department Coordinator; .however, they may retain copies for their investigation and mediation records. You will be notified periodically of the status of your complaint. Please complete the following: Name: MIMI BULL Present Job Classification: ELIGIBILITY WORKER SPECIALIST Type of Position: x Full-Time Project Other (specify) Part-Time Temporary Work Address• 3630 SAN PABLO DAM ROAD Work Phone• (510) 374-3361 City: EL SOBRANTE, CALIFORNIA Zip Code: 94803 Home Address: 1365 BREWSTER DRIVE. Home Phone: (510) 235-2880 City: EL CERRITO, CALIFORNIA Zip Code: 94530 f' 1 I feel I have been discriminated against by the Social Service Department on the basis of my: 1. X Race 8. Sex 2. Color 9. Marital Status 3. National Origin 10. Sexual Orientation 4. Ancestry 11. = Age 5. Religion 12. Disability 6. Union Activities 13. Medical Condition 7. Political Activities Date(s) of alleged discriminatory actions: Please see the attached documentation. This complaint is based on the following action(s) or condition(s) (Describe completely the incident(s) and all the facts which you feel support your complaint. Attach additional sheets if necessary. ) which I feel. to be discriminatory: Please see the attached documentation. I am seeking the following remedy: I am requesting a formal investigation by the Merit Board and I am also requesting an assignment similar to that of Social Service Appeals Officer - Project. July 18 1995. aif Date Si natu f Complainant The following passage is the description of purpose from Operations Manual Chapter 21- 100: Discrimination in State and Federally Assisted Programs. The purpose of Division 21 is to effectuate the provisions of Title VI and Title VII of the Civil Rights Act of 1964. Section 504 of the Rehabilitation Act of 1973,as amended,the Age Discrimination Act of 1975,the Food Stamp Act of 1977 and other applicable federal and state laws to ensure that employment practices and the administration of public assistance and social services programs are nondiscriminatory, and that no person shall, because of race,color, national origin,political affiliation,religion, marital status, sex, age,or handicap be excluded from participation in or be denied the benefits of any program receiving federal or state assistance. Administrative methods/procedures which have the effect of the subjecting individuals to discrimination or defeating the objectives of these regulations are prohibited." As a 60-year old woman of Indigenous and African-American ancestry, I have found the statement above of nothing more than idealistic rhetoric. Regardless of the acts made law well over three decades past, I have presently been subjected to several types of discrimination via the Contra Costa County(CCC)promotional practices. Therefore, I'm filing a complaint based on race and age. I am requesting a formal investigation by the Merit Board because on this discrimination, and I'm also requesting an assignment similar to that of Social Service Appeals Officer-Project (SSAO-P)because my training,experience and background makes me the best qualified applicant for this job. I have over 40 years of work experience, and more than 20 years of formal education,including a law degree(see attached). Over the past 3 years I have responded to numerous announcements for jobs in the legal/ law-enforcement fields in CCC'. I have attended many interviews (see attached)however, an applicant much less qualified than I is frequently selected to fill these vacancies. For example, on March 3, 1995, I applied for the SSAO-P job (see the attached announcement). On May 6, 1995, I was notified that another person with less experience and qualifications was given the job. I was notified on April 5, 1995, by the Personnel Analyst that my application for the SSAO-P job was being rejected as my supervisory experience at Congressman Dellums'office was unacceptable because the Congressman's office does not qualify as "representing a public social service agency." 1. Please note that SSAO-P is not a supervisory job. This requirement was included merely to eliminate candidates, while tailoring the requirements to the chosen applicant's background and experience. 2. In my opinion, this selection process appears to be a farce employed by CCC to give the appearance of compliance with"equal opportunity" guidelines. It seems that the employee chosen had already been selected for the job before it was announced and 1 See attached job listing. 1 this "supervisory" requirement was included to make sure the employee chosen would be the only one with this particular experience. 3. It is clear then,that the only way for CCC to legitimize their claim that they engage in fair promotional practices would be to search for some technicality it could use to disqualify a candidate with more education and experience. 4. By rejecting my application on the basis of no "supervisory" experience representing a public social service agency, I was eliminated from consideration and therefore, the employee chosen was the only other candidate meeting, and/or exceeding the job requirements given on the announcement. 5. Congressman Dellums is, himself,a Mastered Social Worker and that Office is one of the highest-ranking "public social service agencies" in the United States. The Congressman's office responded to constituents'requests for assistance from agencies such as,but not limited to, social welfare, Bankruptcy court, Immigration and Naturalization, Social Security,Federal Aviation Commission, Internal Revenue Service, Housing and Urban Development, Department of Education. etc. a) We were responsible for resolving constituents'problems by interpreting and applying complicated regulations relevant to various agencies and analyzing those regulations and their pertinence to constituents. b) On the local level, as supervisors and/or aides we were responsible for hearing constituent complaints,conducting informal investigations and writing formal decisions.2 c) We were responsible for hearing both sides of a dispute, weighing arguments, sorting out conflicting data and suggesting solutions. This is basically the kind of work public social service agencies do though there may be slight difference from the city level to the county level. Public social service work is all about helping people meet their needs within the guidelines of the agency be it city,county,state or federal. I was told by the Personnel Analyst that the announcement, when speaking of public social service agencies, was referring to those candidates who had worked in the CCC Social Service or General Assistance offices. The announcement,however, did not specify this. If the announcement had stated CCC public social service agencies only, it would have appeared exclusionary. This exclusionary effect was obtained by the "interpretation" of the Personnel Analyst who says she discussed this matter with the Human Resources Program Manager. I asked for his telephone number and I called him. The Human Resources Program Manager emphasized that it was intended for the announcement to infer that they wanted someone with supervisory experience in CCC Social Service, or General Assistance offices. I read that portion of the announcement to him and asked if it specified such requirements. He restated their intent. I explained that my application was rejected on a technicality which was consistent with the announcement,but inconsistent with their 2 Similar to what we do with welfare clients,however, to a much more complex set of rules or laws involving many different agencies 2 interpretation, and this act constitutes discrimination because just as the Personnel Analyst, and the Human Resource Program Manager had intended that the announcement specify CCC public social service, and General Assistance offices,the announcement was intended to specify the candidate chosen. My qualifications and experience obviously exceeded those of the"intended" candidate,therefore, I believe CCC had to reject my application to give the appearance of a"fair and impartial" selection process. I informed the Human Resources Program Manager that CCC's act of rejecting my application based on their narrow interpretation of public social service agencies amounted to refusing to let me "get my foot in the door". I, then,pointed out this is the reason Affirmative Action was started. He insisted that he and the Personnel Analyst was correct in his/her interpretation. I stated that someone must appeal and expose this practice, and I guess that someone has to be me. He assured me that he had already check the Union Memorandum of Understanding(MOU) and determined that this was not a grievable incident due to the temporary nature of the position advertised. I indicated that this would be a good opportunity for CCC to review my performance,then,in six months they can give someone else a chance if,given a fair trial, I cannot do the job. My legal training, experience and background have prepared me for this job. Prior to discussing the announcement with the Personnel Analyst, I talked to the Program Analyst who said the person selected for the job would have to "hit the ground running". The innuendo is that I am too old to "hit the ground running", so he wanted to discourage my application because of my age. Apparently,he felt that I would move too slowly. This is biased thinking because I had not even been given an opportunity to apply or to attempt to do this job. He continued with comments such as: • You don't have to be a lawyer to do this job. • We don't adhere to the Federal Rules of Evidence(FRE). • It's kind of like the O.J. Simpson trial.. His use of the aforementioned statements,to support his decision,reveal a significant flaw in his logic and misperception of the duties and responsibilities of the SSAO-P position. Four vital duties and responsibilities stated for the position were to gather evidence,examine evidence, recommend appropriate courses of action and to gather and assemble information and evidence for reports and court presentations. Such duties are not only the hallmark of the position but the essential skills necessary for successful results and are precisely the duties personnel trained in law have been taught to carry out. The hollow statement, "You don't have to be a lawyer to do this job", shows a complete disregard of my vital qualifications for the position. I could only conclude that his decision to place an Anglo, with less qualifications, into the position(rather than a minority with a law degree)was an obvious act of discrimination. The statement about CCC not adhering to the FRE is inconsistent and misleading since the FRE is applicable. In preparation for the exam, we were told to study portions of the FRE for the hearing representative job. It may be true that the FRE is not rigidly adhered to, however, it is applicable to evidentiary hearings. Once again, this reference to the FRE was an effort to 3 . denigrate the job so that my qualifications would appear to be unnecessary, frivolous, and therefore disqualifying. The expression "It's kind of like the O.J. Simpson trial",is a direct contradiction to the remarks, 1)we don't adhere to the FRE; and 2) we don't need a lawyer to do this job. Assuming the SSAO-P job is "kind of like the O.J. Simpson trial",a lawyer would be the best candidate. Would the defense in the Simpson trial allow an individual with no law degree to make vital decisions related to the trial? Obviously not. Therefore, I found the program analyst's remark as revealing flawed logic because it is an obvious fact that the best candidate for the SSAO-P job would be the employee with a law degree. However, in this case, since the desired candidate did not possess a law degree,a contradictory analysis was entertained. Racism blinds its possessors to the facts. On the one hand, the Program Analyst denies that he needs a lawyer because my qualifications most clearly fit that category. On the other,he says, "It's kind of like the O.J. Simpson trial", where the participating parties for the defense are lawyers, and the prosecutors are lawyers, and the judge is a lawyer. I believe the Program Analyst attempted to belittle the possession of a law degree because the employee chosen has none. If she had a law degree while I had none,I am sure he would not depress the importance of the learned skills and knowledge that the degree represents. And when he referred to the O.J. Simpson case as an example of what the job was like,he must have realized that the participants are lawyers which causes his analysis to appear biased and hence discriminatory. Therefore, I maintain that CCC has discriminated against me on the basis of my race and age. I am requesting a formal investigation by the Merit Board and I am also requesting an assignment similar to that of SSAO-P. 4 C lel 1� CLAIM BOARD OF SUPERVISORS OF CONFRA LOVA COUNTY, CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Vessie Davis ATTORNEY: Dona Cohn, Esq. Date received ADDRESS: 100 Bush St. , Ste. 700 BY DELIVERY TO CLERK ON October 2, 1995 San Francisco, CA 94864 c y BY MAIL POSTMARKED: Not Legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. I IL BATCHELOR, Clerk 0L.) DATED: October 3, 1995 Jb: Deputy l�s.� 1_ II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: `- j BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: //- '�—%� PHIL BATCHELOR, Clerk, By- , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional 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: ,/- 017 -- /9 `� BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator RECEIVE® OCT L CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. VESSIE DAVIS CLAIM AGAINST CONTRA COSTA COUNTY, BOARD OF SUPERVISORS VS. CONTRA COSTA COUNTY, BOARD OF SUPERVISORS and DOES 1-50, public entities and their employees. CLAIMANT'S DATE OF BIRTH: August 31, 1935 CLAIMANT'S ADDRESS: 4630 Potrero Avenue, #7 Richmond, California 94804 TELEPHONE: (510) 233-0654 ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF DIFFERENT FROM ABOVE: Dona Cohn, Esq. , Law Offices of Jacoby & Meyers, 100 Bush Street, Suite 700, San Francisco, CA 94104 DATE OF OCCURRENCE: May 7, 1995 TIME: appr. 12 : 30 a.m. LOCATION OF ACCIDENT: Deliverance Temple Apartments 4308/4312 Potrero Avenue, Richmond, CA DIRECTION PUBLIC VEHICLE WAS TRAVELING? N/A HOW DID THE ACCIDENT OCCUR? Claimant' s son, Larry Davis, was killed in an unprovoked shooting incident while a guest on the above referenced premises. Premises did not have adequate security and lighting which would have prevented Mr. Davis ' death. INJURY OR DAMAGE CLAIMED: wrongful death with pecuniary loss and severe emotional trauma, grief and depression in response to death of Claimant's son. NAME AND/OR I.D. NUMBER OF PUBLIC EMPLOYEE(S) INVOLVED: Specific names not known. CLAIM AGAINST CONTRA COSTA COUNTY, BOARD OF SUPERVISORS Page 2-Vessie Davis NAME(S) OF TEL. NOS. EYEWITNESSES) 1. Donna Broussard (510) 233-7286 1327 Burbeck St. Richmond, CA 94801 Damages included, are but are not limited to loss of earnings and capacity to earn future wages, medical and hospital bills, past, and present and future, funeral expenses, and pain and suffering, emotional trauma and general trauma and general damages. Information provided herein is based on that which is available to Claimant as of the date of the presentation of this claim. Damages are sought in an undetermined amount, pursuant to California Government Code Section 910, and said damages are in excess of the minimum jurisdiction of the Superior Court of the State of California. I DECLARE, UNDER PENALTY OF PERJUR THAT T AB V S TRUE AND CORRECT. Signed by or on behalf of Claimant: Dona E. Cohn Attorney for Claimant PROOF OF SERVICE BY MAIL - CCP 1013a I, being first duly sworn, deposit and state that: I am a citizen of the United States and am employed in San Francisco, California. I am over the age of eighteen years and not a party to the within entitled cause. My business address is 100 Bush Street, Suite 700, San Francisco, California, 94104 . I am familiar with the practices of the Law Offices of Jacoby & Meyers for collection and processing of correspondence for mailing with the United States Postal Service. It is the practice that correspondence is deposited with the United States Postal Service the same day it is submitted for mailing. I served the foregoing: CLAIM AGAINST CONTRA COSTA COUNTY, BOARD OF SUPERVISORS on the defendants in said cause, by placing two original claims for each defendant thereof for collection and mailing, in the course of ordinary business practice, with other correspondence of the Law Offices of Jacoby & Meyers, located at 100 Bush Street, Suite 700, San Francisco, California 94104, on September 29 , 1995, enclosed in a sealed envelope, with the postage fully prepaid, addressed as follows: Contra Costa County Board of Supervisors Room 106 County Administration Bldg. 651 Pine Street Martinez, CA 94553 JENNIFER PURCELL c-a Qow- Q d b V d ' �.AC. .� Y 1 55N .x � 4 C� �d 4 �-i CLAIM co , iV t BOARD OF SUPERVISORS OF+CONTRA COSTA COUNTY, CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $250,000.00 + Section 913 and 915.4. Please note a 1 CLAIMANT:Heirs of Patricia Hamer T11�1?b 0 C T - 9 1995 ATTORNEY:David J. St. Louis 575 E. Alluvial, Ste. 102 Date received COUggNTYCOUNSEL ADDRESS: Fresno, CA 93720 BY DELIVERY TO CLERK ON October�A5T- 1995LI� BY MAIL POSTMARKED: Not legible I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: October 6, 1995 BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓1 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: -R'4 c t,,. , IJ b ' . cu.. Dated: V "{1 S BY _ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ("I Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous 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: //- 7HIL BATCHELOR, Clerk, By (a Deputy 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: //— ? —/ 9 9BY: PHIL BATCHELOR by . 'e"JX,_,�eputy Clerk CC: County Counsel County Administrator TO: Heirs of Patricia Hamer c/o David J. St. Louis, Esq. 575 E. Alluvial, Ste. 102 Fresno, CA 93720 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911 . 3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on October 5, 1995 has been reviewed by County Counsel and is being returned to you herewith because: Portions of your claim for an injury to person or personal property which arose on or after January 1, 1988 were not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911 .2) As to those portions occurring beyond the statutory six month filing period, no legal action was taken on your claim. As to those portions of the claim which occurred prior to * six months from the date of the filing of your claim, your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911 .4 to 912 .2 and 946 .6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911 . 6) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator BY: ' D uty Clerk Dated: A0 --/3 -117 Enclosure NOTICE OF LATE CLAIM Page 1 Affidavit of Mailinct 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 copy of the above Notice to Claimant (of Late Submitted Claim) , addressed to the claimant as shown above. Date: 10 -13 - > 9 95+ By Phil Batchelor by Deputy C erk .NOTICE OF LATE CLAIM Page 2 RECEIVED OCT CLERK BOARD OF SUPERVISORS 1 DAVID J. ST. LOUIS #041122 CONTRA COSTA CO. LAW OFFICES OF DAVID J. ST. LOUIS, INC. 2 575 E. Alluvial, Suite 102 Fresno, CA 93720 3 Telephone: (209 ) 431-5563 4 CLERK, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 651 Pine Street 5 Martinez, CA 94553 6 7 In the Matter of the Claim of ) CLAIM FOR DAMAGES AGAINST the Heirs of PATRICIA HAMER against) PUBLIC ENTITY 8 COUNTY OF CONTRA COSTA, owner and ) [Government Code Section operator of MERRITHEW MEMORIAL ) 905, 905 .2 , 910, and 9 HOSPITAL ) 910 .2 ] 10 11 TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 12 . PLEASE BE ADVISED that the law firm of� David J. St. Louis, 13 Inc. represents the heirs ' of",-PATRICIA HAMER, decedent, in 14 regards to this claim for damages against CONTRA COSTA COUNTY, 15 owner and operator of MERRITHEW MEMORIAL HOSPITAL, its staff and 16 employees, and makes the following statements in support of the 17 claim: 18 1 . Claimant, EMMA HAMER's, address is 897 Bierglen Way, 19 Sacramento, CA 95834 . 20 2 . The date and location of the negligence giving rise to 21 this claim are January 19, 1995 through April 10, 1995, and 22 MERRITHEW MEMORIAL HOSPITAL in Contra Costa County. 23 3 . The circumstances giving rise to- -this claim are as 24 follows: The claimant, -due to brain tumor, submitted to a right 25 temporal lobectomy on January 19, 1995, after which she lapsed 26 into a coma and subsequently died. 27 4 . The claimant lapsed into a coma and died as a result of 28 1 1 negligence on the part of the hospital staff and employees. 2 5 . Claimant will seek all damages allowed by law, including, 3 but not necessarily limited to past, present, and future lost 4 wages, attorney's fees, costs, and general damages of 5 $250, 000 . 00 . 6 6 . The names of the public employees causing the claimant's 7 injuries are Dr. Craig Nielsen, Dr. Jeffrey Schweitzer, 8 Merrithew Memorial Hospital, its staff, and employees. 9 7 . To date, this claim is within the jurisdiction of the 10 Superior Court. 11 8 . Any notices regarding this claim should be sent to the 12 Law Offices of David J. St. Louis, Inc. , 575 E. Alluvial, Suite 13 102 , Fresno, California 93720. 14 Dated: October 3, 1995 . 15 LAW OFFICES OF DAVID J. ST. LOUIS, INC. 16 17 By• o- DAV J. ST. UIS, Attorney f r 18 Heirs of PATRICIA HAMER, Decedent 19 20 21 22 23 24 25 26 27 28 2 1 C o E O r o l� 71G z N � b t O � i. 1 ' tt t Y � O Cl C1 t-h ra @ ct CA NUl @ cr � ter+ un r W t t-i�", 1 w ' O � i 6, CLA'rM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of _California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amoutit: $150,000.00 II�jfvilon 913 and 915.4. Please note all "Warnings". CLAIMANT:Alberta A. HeltsleyOCT - ,E'1995 '� ATTORNEY: Lionel K. Huolboll COUNTY COUNSEL 1237 Castro St. MARTINEZ CALIFOate received ADDRESS: Martinez, CA 94553 BY DELIVERY TO CLERK ON October 4, 1995 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QQHHIL BATCHELOR, Clerk \ � DATED: October 5, 1995 8Y: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( V<This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we 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: 0 9 — 9 !:;7 BY: Deputy County Counsel III. FROM: Clerk of the Board nk; .TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( d) 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:_ '7— / 9 9s' PHIL BATCHELOR, Clerk, By J6_� J_, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 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: /�— — /9 9S' BY: PHIL BATCHELOR by �,&.,d_�eputy Clerk /17 CC: County Counsel County Administrator Claim to: BOARD OF SDPEFVISJRS I OF CDN7RA C=A M7Y INSTR MONS TO CUD'Akr 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 Deee=ber 31, 19579 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, 19861 msst 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 B. Claims must be filed with the Clerk of the Board of Supervisors at its office in I= 106, County Administration Building, 651 Pine Street, Martinez, CJI 94553. C. If claim is against a district governs✓ by the Board of Supervisors, rather thaw^ 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 claim:, Penal Code Sec. 72 at the end of this a a a a a a a a a a f a a a i a a a a a a a a a a a a a f a a • a a a a a a a a a a a RE: Clain BY Reserved for Clerk's filing stamp f� j x.,f ,4- ra H.O. AS ) RECEIVED dP.liv�r gairst the County of Contra Costa ) Off -4 0% or ) District) CLERKBOARD OF COSTA CO.ISORS Fill in The undersiFned claim^.t hereby makes claim acainst the County of Contra Costa or the above-named District in the a= of $ ,�n' ,n� and in support of this claim represents as follows: ~------------ ---------------N_N_--------- -----_--------_---_-_-------_--------- 1. When did the die or injury occur? (Give exact date and hour) 2. Where did the da=me or injury occur? (Include city and county) -N Se -rM----MN-NN---- 3. Bow did the damage or injury occur? (Give 1111 details; use extra paper if required) .57r -FY-i9u,*K-t C 5?ress Pj5oRAER (PTSD> Caa5ed fay my,5oN ]3e-;W& 0, ea:veN by the- 5heviff DeQu'tfcS� oN 3uNe 1495: A. What particular act or omission on the part of county or district officers, servants or employees cased the injury or damage? 73ea+ ' of m� So�J �ar,4 ), ON J",ve /ass '�a o�Nf" e r ' e u yes �� 0 ,Vt� 0.0 c � sh �f� T P , (over) �. *VrAt are the na✓es of co•.r.ty or district officers, servants or eWrloyees causing the dLmaie pr i"J'a y? �5 hEK Pcn`! 77,E J r�J-y DBQt�/ �k_/-`�4 �PePT" Reid -37p�� .Dept r-Ra Nei- 37..?A M----------N-----NN--N-N-- N----- < , khat damage or injuries do you clam resu:ted? (Give full extent of injuries or darages claimed. Attach two estimates for auto dazage. )OJSt -rramaflc STResS �rSoRn,�R� Xwrt yRo ". 'rs 40 -�------------M----- 7. Now was the ama:�:t claimed above co_pute�? (In:lude the estimated amount of an prospe-^tive injury or da=ge.) �--N--N-N-N-------N---------N-----------M-N-NN-N-N--N-N-N-M-N---- �. X=es end ad_resses of w!tnesses, d==tcrs a.': hosr:tals. ki F� 1 51 e - 1"7-1 fienfl'e�CA. F/ Sobrar,�� Ca. �cc?o>3S a iYuR.5eS 47- St /3a F{e�R�C7 Nasoit�fi� iv ea rt y k{ f i%✓o� L 1S/} �, - t---`+i------ ----------4L---------r------------------------------N-N----------- �. _.st the ex;e-_..,ies y". La_e o:. of this a_.id .... or .,.ip is 1 t ntL f J�n 'S I-e- , 7/x/ / Cern �1 e /�'o U� � • � � � M f � • * � ! � � IE ! ! f • A f � • � � � � � f • � � i f f f ! f � IF � � Gcv. Code Se.. 910.2 provides: c1a:: t st be signeA. by the clair..ent e 1;"--_ �r.• C- sine ers^- on his beta:f." mant s 51PAt Te.ephone N:0. Tel e*Ph*ne N--S/D, NOTICE Se.-ti= 72 of the Pena-1 Code provides: "Every person %4.1o, with intent to defraud, presents for allowance or for pa}-ment to my state board or officer, or to a-:y county, city or district board or officer, authorized to a11c;4 or pay the same if genuine, any false or fraudulent claim, rill, aacort, you=her, or writing, is punishable either by imprisonment in the eve ty jail for a period of not more than one year, by a fine of not exeeeting cne tho-sand M,0'?:), or by both su h im;+riso ent and fine, or by impriso:rpwt in the state prison, by a fine of not ex:ee:int ten thousand dolls.-•s 010,000, or by Ik:th sut~ imr-riso=gin t an. fine. ALOMU/ y �p 0A9ft c/ J r a < A Ranitidine may be prescribed to prevent gastroduodenal mucosal damage associated with long-term nonsteroidal anti-inflammatory drug therapy(eg,in- domethacin),stress-induced ulcers and certain types of respiratory complica- tions during anesthesia and to treat bleeding of the stomach or intestines. Precautions: Do not use when there is an allergy to any of these drugs. Use with caution in the following situations: kidney disease liver disease Elderly:Safety and effectiveness are similar to those of younger age.Elderly may have reduced kidney function. Decreased cimetidine clearance may be more common. Pregnancy:Cimetidine crosses the placenta.Adequate studies have not been done in pregnant women. Use only if clearly needed and potential benefits outweigh the possible hazards to the fetus. Breastfeeding:Cimetidine, nizatidine and ranitidine appear in breast milk.it is not known if famotidine appears in breast milk. Because of the potential for adverse ef- fects,a decision should be made whether to discontinue breastfeading or the drug, taking into account the importance of the drug to the mother.Consult your doctor before you begin breastfeeding. Children:Safety and effectiveness in children have not been established.Cimetidine use is not usually recommended in children under 16. Lab tests may be required during treatment.Tests may include: Liver function tests. Patient Drug fscts•Copyright July 1992 by Facts and Comparisons Cy ., p"t�p'ttF,"'h� �'ll ryu pwny� a ti Drug Interactions: Tell your doctor or pharmacist if you are taking or if you are planning to take any over- the-counter or prescription medications with H2 antagonists. Doses of one or both drugs may need to be modified or a different drug may need to be prescribed.The following drugs and drug classes interact with H2 antagonists. cimetidine-- alcohol lidocaine(eg,Xylocaine) antacids(eg, Tums) metoclopramide(eg,Reglan) anticholinergics(eg,atropine) metoprolol (eg,Lopressor) barbiturates(eg,phenobarbital) metronidazole(eg,Flagyl) benzodiazepines leg,diazepam) moricizine(Ethmozine) beta-blockers leg,propranolol) narcotic analgesics(eg,coceine) caffeine nifedipine(eg,Procardia' calcium channel blockers nonsteroidal anti-inflamn►etory , (eg,verapamii) agents(NSAIDs)(eg, ibuprofen) carbamazepine(eg, Tegretol} pentoxifylline(Trental) carmustine(BiCNU) probenecid (eg,Benemid) chloroquine(eg,Aralen) procainamide(eg,Pronestyn chlorpromazine(eg, Thorazine) propafenone(Rythmol) cigarette smoking quinidine (eg,Quinora) clozapine(Clozaril) quinine(eg, Quinamm) dioxin(e ,-4onoxin) succinylcholine(eg, Quelicin) diltiazem I�Cardizem) sulfonylureas(eg, glipizide) felodipine(Plendil) tetracyclines(eg,demeclocycline) flecainide(Tambocor) theophylline(eg, Theo-Our) fluconazole.(Diflucan) tocainide(Tonocard) fluorouracil triamterene(Dyrenium) hydantoins(eg,phenytoin) tricyclic antidepressants indomethacin (eg,Indocin) (eg,amitriptyline) iron valproic acid (eg,Depakene) ketoconazole(Nizoral) warfarin (eg,Coumadin) labetalol (eg,Normodyne) Patient Drug Facts-Copyright July 1992 by Facts and Comparisons famotidine— antacids(eg, Tums) ketoconazole(Nizoral) probenecid(eg,Benemid) nizatidine— charcoal activated charcoal antacids(eg, Tums) ketoconazole(Nizoral) aspirin(eg,Sayer) ranitidine alcohol nondepolarizing muscle relaxants - antacids(eg, Tums) (eg,atracurium) benzodiazepines(eg,diazepam) nonsteroidal anti-inflammatory beta-blockers(eg, metoprolol) agents(NSAIDs) (eg, ibuprofen) diltiazem (Cardizem) procainamide(eg,Pronesty6 ketoconazole(Nizoral) sulfonylureas(eg,glipizide) lidocaine(eg,Xylocaine) theophyllines (eg, Theo-Dur) �arcotic analgesics (eg,codeine) tricyclic antidepressants nifedipine(eg,Procardia) (eg,amitriptyline) warfarin(eg, Coumadin) Side Effects: Every drug is capable of producing side effects. Many histamine HZ antagonist users experience no,or minor,side effects.The frequency and severity of side effects depend on many factors including dose,duration of therapy and individual suscep- tibility, Possible side effects include: Digestive Tract:Diarrhea;constipation. Nervous System:Confusion; hallucinations;fatigue; dizziness; sleepiness; ice ne x r headache. Pa9� Other:Sweating; impotence;worsening of arthritis. Patient Drug facts Copyright July 1992 by Facts and Comparisons My name is CANDIS LIST and I live at 130 Renfree Court, E1 Sobrante, C&Ufotnia 94803. on the horning of June 2, 1995 at about 6:30 A.M. I heard a commotion out in the street and I looked out our bedroom window and saw a Sheriff's deputy pointing a gun. He was standing in front of my home on the street, which is about 15 feet out from the front, of our house, and I was looking at him through the upstairs window, and I heard him ask someone if they had a weapon and the man said no he did not have a weapon, and the man replied that he needed medical attention, and the officer was telling him to get down, and the man was saying "I need some medical help, please don't hurt me" . and suddenly there were about six or eight Sheriff's deputies around the man and they were knocking him down and wrestling him down the walk through the gate in front of my house. The man was lying on the sidewalk, and the officer was pounding his face against the cement sidewalk. We went downstairs and my children were watching from their window, and from the downstairs window to where the officers here mating this man was only a distance of about four feet. The man was down, he was not resisting, but it was though the officers were not willing to rely on that, they kept beating on the man and holding him down, and he is saying please don't hit me anymore or please dont.t hurt m% I need medical help. At no time during the confrontation involving all the officers did it appear that the man was resisting them in any way, on the contrary he seemed to be just pleading with them to get him some medical help in a desperate tone while the Officers were beating him. It was almost as though the Officers felt it was necessary to take part in this brutality so that no one Officer could be singled out as the one Officer that was beating the man. Statement of Candis List. 'Page -#2 This commotion and beating went on for about 20.25 minutes until the Officers had the man "hog tied". His ankles and hands were tied and that is the way he was carried out from our yard. We have lived here for about ten years and th* Selteley's have been our neighbors across the street. We hA% never rad any problems because this is a quiet community. The evening after this incident took place, -my husband said to me that we are going to sell the house and move out of here because we do not want to live in an area where Police can treat the citizens in this manner. Apparently the man the police were beating on lost consciousness at some point became I saw them put some sort of tube in his mouth in an effort to revive him before they carried him away. I have read the foregoing 111 page statement and declare under penalty of perjury that it is true and correct to the best of my knowledge. X Date: My name is Patrick List and I live at 130 Renfrew Court,El Sobrante, California 94803. I am a licensed building contractor in the State of California. On the morning of June 2, 1995, at just after 6:00 a.m. there was a commotion out front that attracted our attention. We were still in bed and I looked out the window and observed a policeman who seemed to be talking to someone to my right as I faced the window looking toward the street. As he pointed a gun at someone, I heard the policeman say, do you have a weapon, and the man said, "no I don't, I need medical attention." I could not see the man he was talking to because of the bushes between my house and the street which is only a distance of about 12 - 15 feet. In just a few seconds there were several policemen there and they began scuffling with a man and wrestled him through my front gate, down onto the cement that leads to the front gate from my house. There were about 6 policemen involved as I recall and it looked like they were beating up on the guy. I did not recognize the man because I could not see him well but he appeared to be a white male, and he was wearing jogging shoes. The police finally put some restraints on his arms and his legs and after shoving his head against the cement several times and what appeared to be their striking the man, they carried him from the area in front of my house up to the street where there was an ambulance by that time. The were carrying him like you would carry a pig to a luau,that is, his arms and legs were together and they had him in a kind of pull position where they were lugging him out toward the ambulance. At no time during this altercation did it appear to me that the civilian was resisting the officers. He kept pleading that he needed medical attention but the officers apparently felt he was some sort of threat because they were constantly hitting or pushing on him when he appeared to be almost disabled. We have lived in this area for about 10 years and the Heltsley's live across the street and we have never known there to be any trouble of any kind. This is a quiet street, it is a court and while everyone here is not all that friendly with one another, there has never been any problems so far as I know. I went downstairs during this time that the officers were beating the man because I was afraid my children might see it, and they apparently thought the television was on. At one point I started to get my video camera by my wife dissuaded me and wanted me to stay there and observe. At the time the officers had the man on the cement and down, he was only about 4-6 feet from the front window of my house. They were very close and the only remarks I heard from the man was that he needed medical attention. This disturbance went on for about 20 minutes or so from the time we first heard it until they got the man up to the ambulance and during that time, it did not appear to me that the man was resisting the officers at all., 4 s ,)qe its- nv&see. I later learned that the man was Earl Heltsley who lives across the street but I did not recognize him at the time this was going on. Later that day when I was talking to my wife, I told her that we might sell and move out of here because I didn't want to live in this kind of neighborhood where the officers can take a citizen and beat him for what appeared to be no apparent reason. I mentioned to someone on the day this occurred that this was the Rodney King case all over again except this time the victim was white. I have read the foregoing statement and it is true and correct to the best of my knowledge. w 'ck List Date: 2 1 LIONEL K. HVOLBOLL Attorney at Law 35372 2 1237 Castro Street Martinez, CA 94553 3 510 228 8437 FAX 228 5139 4 5 Attorney for: Earl L. Heltsley 6 Respondent 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, CASE # C95 02582 11 Sheriff and Coroner of Contra Costa County 12 Petitioner, DECLARATION OF JOHNNY R. DELEON 13 VS. 14 Earl L. Heltsley, 15 Respondent. / 16 17 I live in the Heltsley home at 151 Renfrow Street. E1 18 Sobrante, California, and occupy a down stairs bedroom. On June 19 2d, 1995, Alberta Heltsley knocked on my bedroom door. She told 20 me that Earl was ill, and .that the phone was not working. She 21 further stated that she was going to a neighbor's house to 22 call for an ambulance. 23 24 Mrs. Heltsley told me that Earl was barely breathing, and 25 that he was scratching his scalp and chest, and saying that 26 we should all get in the shower. She was very upset. I arose 27 and dressed, I saw Earl coming down the stairs as I was leaving 1 28 1 my bedroom. He was rubbing his chest. He told me that he had 2 to take a shower and shave before he could go to the hospital, 3 and asked if I would help him. He wanted me to regulate the 4 water, and he was itching terribly. I agreed to help him 5 6 I unzipped the toiletry bag that he was carrying, got out 7 his razor, told him to shave first, and then shower. Instead, 8 he walked over to the French doors, and said that he was going 9 to get his mother to drive him to the hospital, and that I could 10 come along. Earl has never been so distraught in the six or 11 seven years that I have known him. He had been carrying his 12 toiletry bag, but at no time did I see any firearm. 13 14 There were several sheriff's cars parked on the street 15 when I walked outside. I saw Earl down on his knees with his 16 hands behind his head. Two deputies approached him, and I heard 17 Earl say. "Please don't hurt me. I 'm not armed, I don't feel 18 good. I need to go to the hospital. Please don't hurt me." The 19 two deputies hand cuffed him, and dragged him down the cement 20 steps to the neighbor's house that is down the cement steps. 21 22 I walked over to the fence dividing our yards, and saw four 23 additional deputies, all struggling to get to Earl to beat on 24 him. Earl was terrified. he kept saying, "Please don't hurt ."Please 25 me anymore, I haven't done anything." I noticed a lot of blood 26 on his face and wrists. 27 28 2 1 Earl was strapped to a gurney, and was about to be loaded 2 into an ambulance. As I turned to leave, I saw a deputy hit 3 him in the head. 4 5 Earl was taken to Doctor's Hospital in Pinole, and I 6 drove his mother there. He was in the emergency room. A nurse 7 was cleaning the blood and gravel from his face and hands. His 8 face was swollen. He was spitting up blood. His hands were like 9 raw pieces of meat from the handcuffs. His ankles were bleeding 10 from the cuffs placed on them. 11 12 I heard the conversation between the doctor and 13 Earl 's mother. The doctor said that the deputies wished to have 14 Earl held in accordance with §5150 of the Welfare and 15 Institutions Code, but, the Doctor stated, he was very much 16 against this disposition, but that he was powerless to prevent 17 it. 18 I declare under the penalty of perjury that the foregoing 19 is true and correct. Executed at E1 Sobrante, California, on 20 September 15, 1995. 21 22 Johnny R. Deleon 23 24 25 26 27 28 3 AT2*PJ 'T OR PAM MITOWT Arra i ar TXL•RPDMM NMO=s ' (LIO EK. HUVOSL �� �_ BOLL ('510� 22$ $437 E� Akttorney at Law 3537 1237 Castro Street Martinez, CA 94553 jQgj JUL 21 P 12. 13 ATTORM FOR (NAME) Earl Heltsley SUPZRZOR COURT or Tim STATE Or .CALr,P'Ojddi Zx aNa FOR TK8 COUNT! OF COQ 'Warren E. Rupf, Sheriff-Coroner Contra Costa County PLLMITTS • DAMD1AtR`i Heltsley CASE N0595 02580 NOTICE Or BEAR m ON PmTXOx ROS RBTURN Or Y &llMM OR DEADLY WXAPoN 1. To: xaass gaeb es it OT a e►at'or Rce amt &qeacy ' Sheriff-Coroner's Office Contra Costa County 2, A beariag to dete,mLas return of fLrea.= or deadly weapon has been; re<luested, be beld as followas and wi12 a. date: time. � Odept. : 12— div: rm. : b. address of the court: 725 Court Street Martinez, CA 94553 Date: 7/7/95 Alberta J.-Heltsley Earl L. Heltsley .- �t4 (1'lrpe or print maws) �6igwtur toff spc 't) --~— - (Fxvof of S"-VIw on vo"Voe) - - TO: Lee Borden FAX 510 254 6504 TELE 444 4970 From Lionel K. Hvolboll FAX 228 5139 Tele: 228 8437 total pages 4 Comments: Yesterday this matter was continued until November 9th at 9: 30, this is not much time considering that we must make two motions, one for release of internal affairs files, and a general one. I am always open to discussions from either you or my clients. This begins to look like we can probably work together on a number of cases, over time. Let's win this one first. LKH ------------- (Zountg of Montra fQasta (Of fire of #4e A4zrtff Warren E.Rupt SneriM August 4, 1995 Mr. Lionel Hvolboli 1237 Castro Street Martinez, CA 94553 Re: Rupf vs Heltsley C95-02580 Dear Mr. Hvolboll: The issue I am involved in is an 8102 Hearing, which is a Judicial Review of whether a weapon should be returned. The questions you ask in your letter are not related to 8102. If you wish to pursue , i suggest you inquire through other Department channels. Sincerely, Sergeant Georg Ward a, Patrol Administrative`Services qLO-,N�' �f -221301 P- c7q=n�R�UET C#7_fC#Cw 1237 CAM STREET,MARTINEZ,CA 94553 TELEPHONE 510-228.8437,FAX 510-228-5139 AUGU5T 1,1995 Sergeant Ward Administrative Section Sheriff Department 1960 Muir Road Martinez, CA 94553 Re: Rupf vs Heltsley, C95 02580 This note is to advise you of the change of time for the hearing on this matter, the confiscation of the gun, and the correctness of the charge under Welfare and Institutions Code 1550. The time for the hearing has been changed from August 10, 1995 to September 14, at 9:30, the hearing is still before Judge Minney in Department 12. This merely confirms my telephone message to you sent July 28, 1995. Could you please explain to me when an officer is supposed to use a nightstick to a patient's carotid artery when that patient is strapped to a gurney? You know from our appearance before Judith Sanders that you have to explain rather clearly for me to understand. I really do not understand this, Another question is how the patient could be spitting blood if he had not been injured. Please advise. Sincerely, Lionel K. Hvolboll (11auntg of ( antra (1lasttt Of fire of toe 156'4trif f Warren E.Rupf sh•rm. August 4, 1995 Mr. Lionel Hvolboll 1237 Castro Street Martinez, CA 94553 Re: Rupf vs Heltsley C95-02580 Dear Mr. Hvolboll: The issue I am involved in is an 8102 Hearing, which is a Judicial Review of whether a weapon should be returned. The questions you ask in your letter are not related to 8102. If you wish to pursue , I suggest you inquire through other Department channels. Sincerely, Sergeant George Ward Patrol Administrative Services 1980 Muir Road•Martinez,Caldomia 94553-4800 (510)313-2500 LIONEL K. HVOLBOLL ATTORNEY AT LAW 1237 CASM STREET,'XARMTEZ,CA 94553 TELEPHONE 510.228-8437,FAX 510-228-5139 AUGUST 10,1995 Sergeant Ward Administrative Section Sheriff Department 1960 Muir Road Martinez, CA 94553 Re: Rupf vs Heltsley, C95 02580 In response to your letter of August 4, 1995. 1 acknowledge that there appears to have been a clerical error in referring to Welfare and Institutions Code Section 5150. Your right to the relief you are requesting depends upon whether your people were correct in incarcerating the respondent. Our contention is that excessive force was used and that the 72 hour incarceration was unwarranted. If unwarranted, then your petition must fail. A motion is being made to investigate the records of the five deputies involved. Please be advised that there is such a thing as discovery in civil cases, and that there is a positive duty to meet and confer. Sincerely, Lionel K. Hvolboll 1 1T1 O.....`+ Tounty of Tontra Crosta Of f ice of t4r Sherif f-Croronrr Warren E.Rupf Sheriff-Coroner June 22, 1995 Earl L. Heltsley 151 Renfrew Court El Sobrante, CA 94803 Dear Mr. Heltsley: On June 2, 1995, as a result of your detention or apprehension for examination of your mental condition, certain firearms)/deadly weapon(s) were confiscated. Under the authority of Section 8102 of the Welfare and Institutions Code, the Sheriff-Coroner of Contra Costa County is filing a petition for a hearing in the Superior Court of Contra Costa County in a department to be assigned by the presiding judge. The purpose of that hearing is to determine whether the return of the firearm(s) or deadly weapon(s) is likely to result in endangering you or any other person. It is your right to request that this hearing be held. Tberefore, you have thirty (30) days from June 22, 1995, to contact the Contra Costa County Clerk and confirm your desire for this hearing. You may contact the Contra Costa County Clerk by mail at P.O. Box 911, Martinez, CA 94553, Attention: Civil Section; or by telephone at 646-2950. If you fail to respond, a default order will be issued forfeiting the confiscated firearms) or deadly weapon(s). Sincerely, WARREN E. RUFF, Sheriff-C LroerC George J. Ward Administrative Sergeant 1980 Muir Road•Martinez,California 94553-4800 (510)313-2500 -I r LIONEL K.HVOLBOLL ' ' ± ! ±_ f Li 1 Attorney at Law 35372 1237 Castro Street 2 Martinez, CA 94553 1995 JUL 21 P 12= 1 U (510) 228 8437 3 FAX (510) 228 5139 S1• 11r,7 c,.._. 4 Attorney for: Respondents 5 Alberta J. Heltsley and 6 Earl L. Heltslley7/16/95 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, Case# C95 02580 11 Sheriff and Coroner of Contra Costa County, DECLARATION OF EARL HELTSLEY 12 Petitioner, REQUESTING AFFIRMATIVE RELIEF 13 14 vs. 15 Earl L. Heltsley, 16 Respondent / 17 1 wish to have an order directing the sheriff of Contra Costa county to forthwith 18 deliver my mother's .357 Smith and Wesson to her, and to relieve me of the onus placed 19 on me by the erroneous application of Section 5150 of the Welfare and Institutions 20 Code, for the following reasons: 21 My mother and I run Andy's Donut Shop. At about 2:00 A.M.on June 2, 1995., 1 22 injured my back while lifting a large bowl of raised dough. I left about 3:00 A.M. 'When 1 23 got home I took codeine. A couple.of hours later I was itching all over. I woke my mother 24 to tell her of the trouble I was having, and that I was going to shower. She felt that I 25 should have my condition checked out by a doctor. Our phones were out of order, so she 26 went to the neighbors to use their phone. I followed several minutes later, in front of the 27 neighbor's house. There I was accosted by a deputy sheriff with his gun drawn, pointed 28 -1- I I at me. He instructed me to kneel, and to put my hands behind my head. Codeine is not a 2 strictly controlled substance, and I was not guilty of any crime. I did as I was told. I 3 begged him not to shoot me, and told him that I was unarmed. Then four additional • 4 deputies showed up, and dragged me into another neighbor's fenced front yard where 5 they beat me, and piled on top of me while I was screaming, "I give up." 6 1 was taken to Doctors' Hospital in Pinole, where one of the deputies strangled m 7 with his baton. I was then sent to a private hospital and held for three days. Only later did 8 1 learn that a handgun had been confiscated from my home, a firearm registered to my 9 mother, who was certainly innocent in all of this incident. I dispute the things that the 10 officers wrote in their reports. I do not know for certain why they wrote these things. I 11 never had a gun that day, and cannot understand why I was treated the way that I was, 12 nor can I understand why they should confiscate a firearm belonging to my mother. 13 1 declare under the penalty of perjury that the foregoing is true and correct. 14 Executed at Martinez, California July 11, 1995 15 16 17 Earl L. Heltsley. 18 19 20 21 22 23 24 25 26 27 28 -2- §5150. Grounds for detention; Application When any person, as a result of mental disorder,is a danger to others, or to himself or herself; or gravely disabled, a peace officer,member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, designated members of a mobile crisis team provided by Section 5651.7, or other professional person designated by the county may,upon probable cause,take, or cause to be taken,the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation. Such facility shall require an application in writing stating the circumstances under which the person's condition was called to the attention of the officer, member of the attending staf& or professional person, and stating that the officer, member of the attending staff, or professional person has probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled. If the probable cause is based on the statement of a person other than the officer, member of the attending staff', or professional person, such person shall be liable in a civil action for intentionally giving a statement which he or she knows to be false. LIONEL K.HVOLBOLL 1 Attorney at Law 35372 1237 Castro Street / 2 Martinez, CA 94553 3 F510) 228 8437 AX (510) 228 5139 _ 4 Attorney for: Respondents 5 Alberta J. Heltsley and 6 Earl L. Heltslley7/28/95 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, Case# C95 02580 11 Sheriff and Coroner of Contra Costa County, DECLARATION OF KI HELTSLEY 12 Petitioner, Date: August 10, 1995 Time: 10:-00 A.M. 13 Place: Dept. 12 14 vs. no � I jJ\ 15 Earl L. Heltsley, 0 , 16 Respondent / 17 Lives in the two story home owned by Alberta Heltsley. My husband Earl, myself 18 Alberta, and Jaun Deleon are the only people in the house. My bedroom is upstairs. 19 1 was in bed upstairs when I awakened, and I looked out the window. I saw deputy 20 entering the court. This is a dead end street. Earl was already on his knees in front 21 ofdon't have gun. The next thing I saw was tone deputy unlatch the gate between our 22 house and the neighbor's house. The neighbors very seldom unlatch this gate. The other 23 four deputies, that had arrived just minutes after the first deputy, helped drag Earl down 24 the steps and beat the tar out of him. The window was open, Ki heard and saw the 25 Ambulance drive up and seen them put Earl on the gurney and forced a flashlight in your 26 mouth sideways. As they were loading him into the ambulance Earl said, How could you 27 do this to me? I know you. Ki then saw two deputies walk towards her house and then 28 -1- 1 which likewise refused service, stating that even though both offices were offices 2 of the sheriff, service had to be made on the deputy signing. After keeping an 3 appointment at the Veterans Administration Clinic, counsel then went to 1980 • 4 Muir Road, and told the receptionist that he wished to serve the sheriff with an 5 Answer to the sheriffs Petition. Officer George J. Ward came to the desk and 6 accepted the Notice of Hearing and the Declarations of Earl and Alberta 7 Heltsley. 8 Officer Ward was asked for the documentation and list of witnesses, and whatever 9 else he might have to support the Sheriffs petition. He walked away in a terrible huff, 10 and hollered that this was a civil matter, that therefore counsel was not entitled to any 11 discovery. As though there were nothing like discovery in civil matters. Officer Ward's 12 conduct was most unprofessional, and counsel submits, totally incorrect, hence this ex 13 parte motion. 14 Counsel is informed by respondent that when respondent requested a copy of the 15 medical records pertaining to his incarceration in the mental hospital, that he was 16 informed that the records had been lost. He fuorther stated that the psychiatrist 17 examining him stated that there was nothing wrong with him, but that he was proceeding 18 with the detention at the request of the sheriff,.This seems to be rather unusual. The 19 code seems to favor full disclosure to the inmate, consider the following:. 20 "Such facility shall require an application in writing stating the 21 circumstances under which the person's condition was called to the attention of the officer, 22 23 'The documentation shall include detailed information regarding 24 the factual circumstances and observations constituting probable cause for the peace officer to believe that the individual required psychiatric 25 evaluation under the standards of Section 5105. "§ 5152. Evaluation, treatment, and care; Release; Information on 26 medication side effects 27 "(a) Each person admitted to a facility for 72-hour treatment and 28 evaluation under the provisions of this article shall receive an evaluation -2 LIONEL K.HVOLBOLLr—, Attorney at Law 35372 1237 Castro Street 1 Martinez, CA 94553 2 F510) 228 8437 AX (510) 228 5139 1995 JUL 21 P 12: 14 3 Attorney for: Respondents S.L.k,=E:P,Cr,, CC:Pdi�',C���:',C�u•Gl' 4 Alberta J. Heltsley and Earl L. Heltslley7/19/95 5 6 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, Case# C95 02580 11 Sheriff and Coroner of Contra Costa County, DECLARATION OF ALBERTA HELTSLEY 12 Petitioner, REQUESTING AFFIRMATIVE RELIEF 13 14 vs. 15 Earl L. Heltsley, 16 Respondent / 17 1 am the registered owner of the firearm confiscated by the sheriff of Contra Costa 18 County. 1 request the Court to issue an Order directing the sheriff to return my weapon to 19 me. 20 Please refer to the original Petition by the Sheriff, referring to Section 8102 of the 21 Welfare and Institutions Code. My handgun should have been returned to me for the 22 failure of the person in charge of the facility to notify my son that there was a procedure 23 for the return of my property((b) second full paragraph), and a further breakdown in 24 procedure when more than ten days elapsed, and no proceedings had been 25 commenced, contrary to the requirements of(g). After the ten days had elapsed, 1 had 26 waited for them to contact me, which they had not done, so I telephoned the Sheriff's 27 28 -1- 1 Department, and spoke to an officer Beardsley. He informed me that my handgun would 2 not be retumled to me. 3 1 am the mother of the respondent, and request an Order from this Court relieving a him of any charge that he was, or presently is, in any kind of mental derangement. His 5 running for public office at any early age may reflect a certain amount of inexperience, s but it is not insane for a citizen of voting age to seek public office for which he considers 7 himself qualified. s The circumstances surrounding the incident here involved are as here stated: 1 s believe they show a severe over reaction by the sheriff, and for this reason, 1 consider io the actions of the sheriff's deputies, acting in the course and scope of their employment, 11 to have been at least overzealous. On June 1, 1995, my son and I were working at my . 12 business, which is a doughnut shop, and we were making doughnuts. 13 At about 11:00 that evening, my son bent over to pick up a mixing bowl full of 14 dough. Somehow he sustained an injury to his lower back. He had difficulty in standing. I 15 had to call someone else to finish my son's shift. My son called me about 2:30, an hour 16 and a half after he had left the shop, to tell me that he had taken a hot bath, soaked his 17 back, and was going to bed. 18 When I arrived home at 5:00 A. M. My son was sifting on the edge of his bed, is rubbing his chest. I asked him what was wrong. He said he was having a problem 20 breathing, and that his chest itched. He replied to my inquiry, that I need not take him to 29 the emergency room, nor call a doctor, because he believed that he was only suffering 22 from an air bubble that would go away. He said that he had a glass of milk, and that he 23 had taken some codeine for his back pain 24 1 went to bed, and fell into a deep sleep, only to be awakened by my son knocking 25 on the door to my room. He was calling for help, "Mom, come help mel l" 26 When I saw him he was scratching his chest and arms. He was sweating. He said his 27 tongue felt swollen and that he felt as though there were bugs crawling all over him. I 2s became hysterical because of the condition of my son. I felt that the only thing to do was -2- i to call 911, to get an ambulance. Our phone failed d to function, so I went to our 2 neighbor's home and used their phone. I was told that a firetruck an ambulance and the 3 police were on their way, and that I should go home and stay there until they arrived. a The response was very quick. I left my neighbor's house, my son was coming across the s lawn to say we should drive to emergency, when the sheriff's deputies arrived. s My son was not carrying any weapon, and was not armed in any way. He had not 7 threatened me. He kneeled in the middle of the street and put his hands behind his s head. He said, "Please don't hurt me, I feel ill." Immediately he was set upon by five or g six deputies. To the best of my knowledge their attack was totally unjustified. io They all struggled with each other to get a chance to strike my son, who was all the time 11 pleading not to be hurt. I heard from a witness that one of the deputies hurt his knee 12 when one of the other deputies fell on him. 93 My son was handcuffed so tightly that he still shows bruises from this incident. In 14 addition his face was injured when he was dragged down the concrete steps. He is sustained permanent nerve damage to his right thumb and hand. He has deep scars on 16 his ankles from having been shackled. His teeth were chipped. He underwent a very 17 traumatic experience! 18 1 acknowledge that where there is an insane person armed with a weapon that the ig authorities have the right to enter without any warrant and confiscate weapons. I dispute 20 that there was any insanity involved in my son's case. He did not put up any resistance, 21 he only begged for mercy. He was suffering an allergic reaction to the codeine that he 22 took to relieve the pain in his back. Nevertheless, the deputies stormed into my home 23 without any warrant, when there was no emergency, when my son was already in their 24 custody, and confiscated my .357 Smith and Wesson handgun, registered to me. They 2s did not give me a receipt for this property 26 The position of the Petitioner is that my son was subject to the provisions of 27 Section 5150 of the Health and Institutions Code. I disagree, and so did the doctor who 2a examined him. I disagree that there was any mental disorder involved, that he was a -3- 1 danger to either himself or to others, 1 further disagree that there was any probable 2 cause for any of the activities of the deputies involved in this incident. 3 There is nothing wrong with my son's brain, he is a graduate of St. Mary's college 4 in History and has a bachelor of arts degree in psychology from New York University. 5 He was a reserve officer for the sheriffs department for four years. He was an Explorer 6 for five years before joining the sheriff's department. He helps me manage my business 7 He ran for County Supervisor in 1994, and 1 feel that this political activity may be the s basis for the action by the sheriff's department. 9 My prayer to this court is to order the immediate return of my .357 Smith and 10 Wesson handgun, held by the petitioner, and (2) to issue an order stating that the 11 provisions of section 5150 of the Welfare and Institutions Code do not apply to my son. 12 There are no small children in my home, and I am alone most nights. I feel that 1 13 need my handgun for protection, I would feel much safer if I had it in my possession. This 14 firearm has never been used in any crime. Neither my son nor I have any criminal record 15 whatsoever. I, as a witness to what happened, feel that a grave injustice has been 16 committed, which could be partially amended by the relief which I am requesting. 17 1s I declare under the penalty of perjury that the foregoing is true and correct. 19 Executed at Martinez, California on July 11, 1995. 20 Alberta J. Heltsley 21 22 23 24 25 26 27 28 -4- §8102. Confiscation of firearm in possession of mental patient; Disposition; Hearing (a)Whenever a person,who has been detained or apprehended for examination ofhis or her mental condition or who is a person described in Section 8100 or 8103,is found to own,have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly weapon,the firearm or other deadly weapon shall be confiscated by any law enforcement agency or peace officer,who shall retain custody of the firearm or other deadly weapon. "Deadly weapon," as used in this section,has the meaning prescribed by Section 8100. (b) Upon confiscation of any firearm or other deadly weapon from a person who has been detained or apprehended for examination of his or her mental condition, the peace officer or law enforcement agency shall notify the person of the procedure for the return of any firearm or other deadly weapon which has been confiscated. Where the person is released , the professional person in charge of the facility, or his or her designee, shall notify the person of the procedure for the return of any firearm or other deadly weapon which may have been confiscated. Health facility personnel shall notify the confiscating law enforcement agency upon release of the detained person, and shall make a notation to the effect that the facility provided the required notice to the person regarding the procedure to obtain return of any confiscated firearm (c)Upon the release of a person as described in subdivision(b),the confiscating law enforcement agency shall have 10 days, unless good cause is shown, to initiate a petition in the superior court for a hearing to determine whether the return of a firearm or other deadly weapon would be likely to result in endangering the person or others, and to send a notice advising the person of his or her right to a hearing on this issue. (d) The law enforcement agency shall inform the person that he or she has 30 days to respond to the court clerk to confirm his or her desire for a hearing, and that the failure to respond will result in a default order forfeiting the confiscated firearm or weapon. For the purpose of this subdivision, the person's last known address shall be the address provided to the law enforcement officer by the person at the time of the person's detention or apprehension. (e) If the person responds and requests a hearing, the court clerk shall set a hearing, no later than 30 days from receipt of the request. The court clerk shall notify the person and the district attorney of the date,time, and place of the hearing. (f) If the person does not respond within 30 days of the notice, the law enforcement agency may file a petition for order of default. (g) If the law enforcement agency does not initiate proceedings within the 10-day period, it shall make the weapon available for return. r ^LAIM C P+I �. BOARD OF SUPERVISORSOF CONTRA COSTA COUNTY, CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below),j�j� yt rnment Code Amount: $3,000,000.00 Section 913 and 915.4. Please note anings". CLAIMANT: Earl L. Heltsley OCT - 5 1995 COUNTY COUNSEL ATTORNEY: Lionel K. Huolboll MARTINEZ CALIF. 1237 Castro St. Date received ADDRESS: Martinez, CA 94553 BY DELIVERY TO CLERK ON October 4, 1995 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �dIL gATCHELOR, Clerk DATED: October 5, 1995 : Deputy II. FROM: County Counsel TO: Clerk oT 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: 0 — q 9- BY v Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: -11— 7- 0 ? 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: //— S' /9 9.� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator C.21 MR THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: November 7, 1995 MATTER OF RECORD ------------------------------------------------------------------- At the Board of Supervisors Meeting of November 7, 1995, Lionel K. Hvolboll of 1237 Castro Street, Martinez, spoke on behalf of his client, Earl Heltsley. THIS IS A MATTER FOR RECORD PURPOSES ONLY NO BOARD ACTION TAKEN Gentlemen and ladies, I think you people have a tremendous job, from Discovery Bay to Richmond, with varying problems from Blackhawk to the slums of our cities, covering every social strata, ethnic diversity, with a large population. In size and population somewhat comparable to the Kingdom of Denmark. I humbly thank you for the opportunity of presenting these claims to you, and I believe that I have some thoughts that might help us resolve these matters. We realize that you are not going to approve these claims today, but I believe that in the process of governing there are things that you can do, in setting the policy which the beuracracy should follow, in the best interests of both sides.. The truth of what happened is what we should all desire. There is a statute that .provides for the release of information, by a petition to the Superior Court, of the information contained in the presonnel records of the Division of Internal Affairs, this is called a Pritchess motion, it can be waived, contrary to what was said by the Internal Affairs Division representative. We have cooperated with the County and the Division of Internal Affairs, we are cooperating, and we will continue to cooperate. Turn about, however, is only fair play. The County Counsel opposed our motion. and Judge Minney said, from the bench, that the question before the Court was whether Alberta Heltsley's gun should be returned to her, and that this was not a civil case. The statute referred to states "any civil case". The question of the return of the gun is a civil, and not a criminal question. I stated to the Court that all of these proceedings are civil in nature . Heltsley states, in conflict with the statement made in the police report, that she did not state that her son had a gun. We can determine the truth, barring a possible doctoring of the tapes, a very unlikely occurrence, exactly what she did say. We should be allowed to know that. We should have the radio talk that went on before, during, and after this occurrence. We will make the motion again, and ultimately, either by Order of The Superior Court, or by Order of the Court of Appeals, or by Order of the Supreme Court of California, or the United States, we will have the information that should lead us to the truth. We implore you to assist us in this regard. There is a claimed defense to this matter, and that is that Earl Heltsley was resisting arrest, and that it was necessary for a whole bevy of deputies to physically attack him. How much can a man resist anything when he is on his knees with his fingers laced behind his neck? How much can a person resist when his arms and legs are bound and he is strapped to a gurney? Does the fact that a man is attempting to keep from drowning in his own blood justify a nightstick to his carotid artery? This, ladies and gentlemen, is death provoking hold. Where do we go from here? An investigation into the cost of the medical treatment, past present and future. Statements of psychiatrists as to the fact that the sleepless nights and continuing trauma cost the life of the Heltsley's baby and the heart attack and loss of business profits to Alberta Heltsley's business. Those two claims are understated, we should have asked for more to fairly compensate for these losses. The statute does not require, as your form does, that any amount be stated, only that the matter is within the jurisdiction of the municipal or superior courts. There again, in the interest of fairness your claims form should be amended to be more like that of Pleasant Hill. If this Board will consider both the facts as stated in the Declarations before you, the investigation by Internal Affairs (They can't hold them from you, can they?) and the misstatements in the Sheriff's Report, then I believe that this body can assist in the furtherance of justice by directing the County Counsel to determine what is really fair and equitable in this case, and to save the County a long, costly and I suggest, possibly embarrassing to the County, trial I believe that you wish to be fair, I believe we have been fair in our dealing with the county, in disclosing all of our facts to the Internal Affairs Division of the Sheriff's Department,. All that is being asked is reasonable compensation for assault, battery, abuse of judicial process, wrongful imprisonment, emotional distress, and perhaps other torts imposed on these citizens, resulting in personal injuries of a severe nature willfully imposed, the miscarriage of a child, loss of business profits, and again, emotional distress. hope that I have given you some ideas for your, consideration, and I really do thank you for the opportunity to present this matter to you. If you have any questions to ask any or either of the claimants here before you, you may do so. Their depositions will probably be ultimately taken by County Counsel. I haven't gone into the pain and suffering endured by the claimants, that is probably better reserved for closing arguments to the jury, should that prove necessary. J DATE: l/ 7✓� REgvEST To SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board.. NAME: 4ae-,P� / ��8�"��-L PHONE: ADDRESS: / �3 ' 475 y CITY: I am speaking formyself OR organization: (NAME Of ORCiA:V17.kT10\) Check one: I wish to speak on Agenda Item # My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. .:. pr�x h frsty s y: <^f � G � 2 F t C+b A 'k'°5 § An\ �� a 2. . . . . . . . . � . . . . § .\\� . 41 0i ` . . . y ANN , . z , T« � : ». . \ \ q50 1017, TWA� �471 V»y«} <. = }i :. . . . . : �y , i g i eF� j m cg y 3. 'S1t i F 5ry t^4^ AKM ivf 1 _ t� �� » v � a . . . . .. , a� p:. «« �.® w. .����\\! , . <® ! ^~� /, ° � : . \\ � ` ®<��� . � � / \\ � © .w � � . . . . . d �y\ �: . � \�, ? . ���> r�� . » y�\z«�\�<�y yy\y. . » �2� >: , . � < . ' ° \� \: �. . . . � � ���. . d � y .a. . �«� . v:y . . »« . :�y . : � � ?� �«z« �. . �\\�` � � . . . . g:: s w . y . . t : � � « � «<> ° . .> < « © .z . . . .��. a 1 ~ ��« «. . .�� .� . . . .: . � , . � 2\ � _ � �� «ay � »�v . ,« . s e, � : 2« ���«: /¥ > � ^© «a w< ����� ^ »^% y6 ; �: : � «v:�. :�» �: �!�y :a . . .�� a d�^ � ^� � \ � 2 »j : w� - � �/\ � . . y. z , .j �:�� . . . g: \_: : © . �:«\. \ «��� � a�� � ` �- \\�� � : . . © . . �r. y�\ . a�g . 3 » ?dj .w ` . \\� � \��§�� ��;. � {' r,�i� ,.. may.:, �,r �, 5��� r �� �� �� ry w..�t �, ` � , x„ p �i9 .m j t �, � E� ., . �� ' t a. � �" - �- t ,_ t �� ,; � ,. tea„ oma', �,c.,y°,_. 's:, <,�a��-` _ .... yka r�+ k i� p t. c..,..�� � �+ .. .. ... ._ ,fig � „�..w. g:. �,. .cc�siNW.. .-f. 00011PP,,tea i tZse ............Ln X S M � :� © < &.� w « . «. . .v . a= : .,. . . . .. » toe \\ < © 7 / - «w w. r , , »»» Claim *.o: BOARD OF SUPERVISORS OF CORTRA COSTA Comm 190 'INMT CTIONS TO CLADikN T 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, 1957, 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, 19`.36, 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 claim--, Penal Code Sec. 72 at the end of, this for=. # # # • # # # # # # # # # # i i * # # # # # # i # # # i i i i # i i i i # i i i # # # P,S: Clair_ By ) Reserved for Clerk's filing stamp , 1 � fi ---- RECEIVED > k a n& Mivcr Agairst the County of Contra Costa ) Off _Age or ) District) CLERK BOARD OF SUPERVISORS' (Fill in ria n,e ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the s= of $ , ®pp,���7,� and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) ------------- ---------------------------------------- 2. Where did the dame or injury -occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) 6 �,�� J�NT�iP:es GA0Se0 .9y °��T.ytl .4T�/jce 6/ �e2l�� ui7e3, ------------------------------------------------------------------------------------- �. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? �� 4cP e5 '47, /��'®0o �.-fTo ,BeTi'N� /y!� Sen�Sele S� (over) b. W,-,=t a-e the n=,--s of co nt.v or district.officers, servants or employees causing the damage or in jury? � r 0, �2 77S I-rae c 37,X E. MTM=t da--,age or injuries do you claim resulted? (Give full extent of injuries or da-.,ages claimed. Attach two estimates for auto damage. S ca9�2�'�'Ny i evv,DO.v 4 N O lu eW(je ,JA",fj e . me ivT�4/ -- ---- --------------------------- ---------_----------------------- 7. Hou wGs the amount claimed above co_puted? (Include the estimated amount of an prospective injury or damage. ) llbuk)v /3,� -5)j S A.¢i N V- S t4 o d eZ4,iy�Ve.v d✓f1-,v f �a --------------------------------------------------------------------------------- 6. rimes and actresses of witnesses, doctors and hospitals. �_� J� /Vv.2SNs 11eA 7-S)-ey /51 heti,ICi2ew cj o�4 X 4r c o --------------------- 9. :-1st the exp e ti:.ures y.^,.; LGte on of this a--Cide or in-,-1L y g'-,Z 9s`— [cvv7�vv;y /PeD,,r4/ fkAe•Use5 /g410k'$ O, COD o0 AasS ®/ �t1<,SNe,f� c' •tiviv� �DD,0 0 - Ceti . Code Sec. 910.2 provides: ` 117n= clai_ cust be sued by the claimo-:nt Cr ty s,=e pers= on his behalf." an A;-ESS C.` r. A' vlw-,k Air C1CZL�iG: �S S � 9'fss.� A t t^e ss !!2QaAa 1p CA g�'9© 3 Te:ep`:one Kc. Y&ln � ad�Y_37 Telephone ho.&,Q NOTICE Section 72 of the Persil Code provides: "Every person w!,,o, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district boa-d or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, acco-=t, vouoher, 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 thousar4- (41,0'? ), or by both suoh imPrisonvent and fine, or by imprison:--ent in the state pris=, by a fine of not exceeding ten thousznd dolls.^s ($10,000, or by both s:c'; impriso n-jent ar-,A fine. ` Clam 'to: BOARD OF SUPERVISORS OF OOhTRA COSTA COMM YNSTRdCTIONS TO, Ci:ADOWN''T A. Claim: 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, 1957, 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, 1956, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action mast 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 thti.^ 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 agairs t each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this R : Clain By ) Reserved for Clerk's filing stamp > R EC IVE Against the County of Contra Costa or ) District) ARK BOARD OF SUPERVISORS (Fill i n nine', ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-na-med District in the sum of $ and in support of this claim represents as follows: ----------------------------—_------------------------------------------------------ 1. When did the damage or injury occu.^? (Give exact date and hour) --------------------------------- 2. Wfiere 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) k. What particular act or omission on the part oflounty or distn' t officers, (CorWnm-d 0) servants or employees caused the injury or damage? Olkad- /a kuy&ly-tt Fox ) I'Wl'e- v V (over) � � ���. on � � o lqa kc CoM4ko . CCs 5, 'What are the n=.--s of county or district offiders, servants or employees causing the damage or in;y-y'� ' � - '.,at da,:age or injuries do you claim resulted? (Give full extent of injuries or domes claimed. Attach two estimates for auto damage. -LImLL0J.P-L)LLILL, ', , -Lai-OL 7, How was the ,�nt claimed above co_p--,ted? (Include the estimated aaaunt of any prospective injury or damage.) _________________________ 6. N_:es and addresses of witnesses, doctors and hospitals. L 01. ------------- G. :.Ist the ex- en—fi'u^es y^'.+ ma_e on ��.^':"� f '':is accident r —y r ., � � :� o t. a id .: or i ,�u. � : PI } /, Code Se:. 910.2 provides: cla:_ =--,qt be s.J fined by the c1aiR,a Cr w,. s^,-e erson on his be�_, f." L l 'Address 7elephone Telephone NCL�i N 0 T 1 C E Section 72 of the Penal Code provides: "Every person uto, with intent to defraud, presents for allowmnce or for psyment 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, accoura, voucher, or uTiting, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding cne thousand (1,000), or by both such im-prisonment and fine, or by imprison-ent in the state pris--n, by a fine of not ex:eed-,nE ten thousand dollars ($10,000, or by ..r th , i .p. 'S.���..., and flne. r i .i1 �ov����r 7� /-Zmsza4- x G /Ze�/ EI .� Cay •� b Pew 4-e�el &Lsb660VA172 ' 41f( ; �r I 1 � i � 1 .,I Claim 'to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS•TO MAIMAti7 A. Claims relating to causes of action for death or for injury to personyor to per- sonal property or growing crops and which accrue on or before December 31, 1957, 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, 1956: 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 th~n the County, the nate of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be Med ags:rst each public entity. E. Fraud. See penalty for fraudulent claims, Pe-ia1 Code Sec. 72 at the end of this R-: Clair_ T-. ) Reserved for Clerk's filing stamp RECEIVE® Kol oQ2liv�rcc�. Against the County of Contra Costa ) '(f - 4 10 or ) District) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. (Fill in naze) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ��i��1,�. �� _ and in support of this claim represents as follows: -------------------------- -------------------------------- 2. --------------------------_--r-_-----_-_.-----___--__--..___--___--_-__----..---- 1. When did the die or injury occu.^? (Give exact date and hour) - ----------------------------- ------------------------------------------------ 2. wMere 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) ' TnST '-rY-AuM0-T1e 57-ress T)i5oRP-5/� (}rS.0 Caused i3y I-Y y6oAf bei06- 13ea:k-ew 22/ the- 5heYifF ---_----------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 3,eat yn of /Yl So a) 91arA )-, ON AuW2 S`�a C©� Int" 13� Co,ot� �� 5 h f (over) 5. Wrat a^e the nes of county or dist^ic•t officers, servants or employees causinz the d==_Ee gr injy..y? �epot) a� , 6 yal, "77,5; �er-y a-c- 4cd - 37ooaj�' J7ePt l?6tNPj'- 3�aa� a�—--------------------------------------------------------- F . what da--.age or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Pbsfi _rralna-fic S1RC_ 5 ripR EFP, /feurt T,RoB �s -------- ----------------------------- -----------���--------------------- 7. How wGs the amo•y:t claimed above co=p--,ted? (Include the estimated amount of any prospective injury Or damage. ) ..--------------------------------------------------------------------------------- F Nares and ad=reCCes of witnesses, dcctcrs and hospitals. TauN ,'Petean/ /S i �� •, �� eartiX 1,6-rf3o �eN� G� yCiGtO/Z5 tloSG%t�� iN /Nodes Lit _F!St ----f�---l=- =-------------/------'---------------------------------- �. st the exile::..::. res *y,_,.; m.c=e on of t.'.d_r accident or in--L—y: z1v 4 # IF « # If # # i * * ! / R IE # 1F 1f • # # If # # # A 1f # # # # # # # # # # # # 1F # IF ": ....:.: : Gti'• Code sec. 910.2 provides: "`:;e claim- c.,Gt be signed by the clalnant _S''" 1, - (A. Cr s=_e pers= on his be"_, f." anz: Ac..ress c.` C IfA ra-:t s S i g:-L v 6re -1 dar 7e7 ephone Nc. Telephone NOTICE Section 72 of the Penal Code provides: "Every person ke:o, with intent to defraud, presents for alloy,.-_nce or for pati=ent 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, accou:^t, 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 cne tho:.sa_... (t' ,0?^), or by both such imprisonment nm and fine, or by imprisoent, in ._ ,. the state prison, by a fine of not excee�ing ten thousand dolls.^s ($10,000, or by 1cth s :c'; imrriso:=.)ent a:'.d fine. AIJG-04-1995 13:58 FPOM TO "i°n�SYZPE Y"w �.Sa'••}vroY+,�F t1!✓d��`?thf'�u;v'�r'°{,1 ��r'�Fi"�W'N"SbiC,��h�r�r�'khP�f(�r�t;".� r1.J4i;fnfP,X��lih1'F„�tFA�Sifi�tild"o4rN.jj,��,�1�iYi ,e�r�r�i:r��!`�r61d''JR;a16�,iR rOr,,nrnrm,,Siv'rr�} Ranitidine may be prescribed to prevent gastroduodenal mucosal damage associated with long-term nonsteroidal anti-inflammatory drug therapy(eg, in- domethacin),stress-induced ulcers and certain types of respiratory complica- tions during anesthesia and to treat bleeding of the stomach or intestines. Precautions: Do not use when there is an allergy to any of these drugs. Use wf,th caution in the following situations: kidney disease liver disease Elderly: Safety and effectiveness are similar to those of younger age. Elderly may have reduced kidney function. Decreased cimetidine clearance may be more common. Pregnancy: Cimetidine crosses the placenta.Adequate studies have not been done in pregnant women. Use only if clearly needed and potential benefits outweigh the possible hazards to the fetus. Breastfeeding: Cimetidine, nizatidine and ranitidine appear in breast milk. It isnot known if famotidine appears in breast milk. Because of the potential for adverse ef- fects, a decision should be made whethir to discontinue breastfE ding or the drug, taking into account the importance of the drt ,to the mother. Consult your aoctor before you begin breastfeeding. Children:Safety and effectiveness in children have not been established.Cimetidine use is r it usually recommended in children under 16. Lab tests may be required dur .g treatment.Tests may include: Liver function tests. Patient Drug facts Copyright July 1992 by Facts and Comparisons HUU-U4-1' 9.c 1-3:59 FROM TO 9223513D P.004/006 Drug Interactions: Tell your doctor or pharmacist if you are taking or if you are plAnning to take any over- the-counter or prescription medications with Hz antagonists. Doses of one or both drugs may need to be modified or a different drug may need to be prescribed.The following drugs and drug classes interact with HZ antagonists. cimetidine-- alcohol lidocaine(eg,Xylocaine) antacids(eg, Tums) metoclopramide (eg,Reglan) anticholinergics (eg,atropine) metoprolol (eg, Lopressor) barbiturates (eg, phenobarbital) metronidazole(eg,Fla yl) benzodiazepines (eg,diazepam) moricizine(Ethmozine beta-blodkers (eg, propranolol) narcotic analgesics(eg,(,.,'eine) caffeine nifedipine(eg,Procard calcium channel blockers nonsteroidal anti-inflar ry (eg,verapamil) agents(NSAIDs) (eg, ibuprofen) carbamazepine (eg, Tegretr_," pentoxifylline (Trental) carmustine (BiCNU) probenecid (eg,Benemid chloroquine (eg,Aralen) procainamide (eg,Pronestyl] chlorpromazine(eg, Thorazine) propafenone (Rythmol) cigarette,smoking quinidine (eg, Quinora) clozapirfip.(Clozaril) quinine (eg, Quinamm) digoxin (6.4 ,4anoxin) succinylcholine (eg, Quelicin) diltiazem W-Rizem) sulfonylureas(eg, glipizide) felodipine(Plendil) tetracyclines(eg,derneclocycline) flecainide(Tambocor) theophylline (eg, Thea-Our) fluconazole(Diflucan) tocainide ()onocard) fluorouracil triamterene (Dyrenium) hydantoins(eg, phenytoin) tricyclic antidepressants indomethacin (eg,Indocin) (eg,amitriptyline) iron valproic acid (eg,Depakene) ketoconazole(Nizoral) warfarin (eg, Cournadln) labetalol (eg,Normodyne) i Patient Drug Facts-Copyright July 1992 by Facts and Comparisons HUU—U4-1'jjt) 14:4.U f-HU[,l , I U ���:=moi 1_i'� r-.UE1D/UKJG famotidine— antacids (eg, Tums) ketoconazole fNi2oral) probenecid (eg,Benemid) nizatidine charcoal activated charcoal antacids(eg, Tums) ketoconazole(Nizoral) aspirin (eg,Bayer) ranitidine-- alcohol nondepolarizing muscle relaxants - antacids(eg, Tums) (eg, atracurium) benzodiazepines (eg,diazepam) nonsteroidal anti-inflammatory r beta-blockers (eg, metoprolol) I agents(NSAIDs) (eg, ibuprofen) diltiazem (Cardizem) procainamide (eg,Pronestyl) ketoconazole(Nizoral) sulfonylureas(eg, glipizide) lidocaine (eg,Xylocaine) theophyllines (eg, Theo-Dur) Y�narcotic analgesics (eg, codeine) tricyclic antidepressants nifedipine (eg,Procardia) (eg,amitriptyline) wa sarin (eg, Coumadin) Side Effects; Every drug is capable of producing side effects. Many histamine Hz antagonise users experience no, or minor,side effects.The frequency and severity of side effects depend on many factors including dose,duration of therapy and individual suscep- tibility. Possible side effects include: Digestive Tract:Diarrhea; constipation. Nervous System:Confusion; hallucinations; fatigue; dizziness; sleepiness; �Ee i1r <r headache. ASG Other: Sweating; impotence; worsening of arthritis. Patient Drug Facts•Copyright July 1992 by Facts and Comparisons t [ My name is CANDIS LIST and I' live, at 130 Renfree Court, E1 Sobrante, CA•i,i,6thia 94803. On thb 'thorning of June 2, 1995 at about 6:30 A.M. I heard a commotion out in the street and I looked out our bedroom window and saw a Sheriff's deputy pointing a gun. He was standing in front of my home on the street, which is about 15 feet out from the front, of our house, and I was looking at him through the upstairs window, and I heard him ask someone if they had a weapon and the man said no he did not have a weapon, and the man replied that he needed medical attention, and the officer was telling him to .get down, and the man was saying "I need some medical help, please don't hurt me" . and suddenly there were about six or eight Sheriff's deputies around the man and they were knocking him down and wrestling him down the walk through the gate in front of my house. The man was lying on the sidewalk, and the officer was pounding his face against the cement sidewalk. We went. downstairs and my children were watching from their window, and from the downstairs window to where the officers -"t4alhebting, this man was only a distance of about four feet. The man was down, he was not resisting, but it was though the officers were not willing to rely on that, they kept beating on the man and holding him down, and he is saying please don't hit me anymore or please don1t hurt may I need medical help. At no time during the confrontation involving all the officers did it appear that the man was resisting them in any way, on the contrary he seemed to be just pleading with them to get him some medical help in a desperate tone while the Officers were beating him. It was almost as though the Officers felt it was necessary to take part in this brutality so that no one Officer could be singled out as the one Officer that was beating the man. Statement of Candis List. Page #2 This commotion and beating went on for about -0-25 minutes until the Officers had the man "hog tied", His Ahk 6s and hands were tied and that is the way he was carried out from our yard. We have lived here for about ten years and th A itsleyIs have f Jr/ been our neighbors across the street. We h,44� never`A�'a any problems because this is a quiet communitj►. The evening after this incident took place, my husband sai4 to me that we are going to sell the house and move out of here because we do not want to live in an area where Police can treat the citizens in this manner. Apparently the man the poJ:Jce were beating on lost consciousness at some point because I saw them put some sort of tube in his mouth in an effort to revive him before they carried him away. I have read the foregoing 1� page statement and declare under penalty of perjury that it is true and correct to the best of my knowledge. X Date: y 1 My name is Patrick List and I live at 130 Renfrew Court, El Sobrante, California 94803. I am a licensed building contractor in the State of California. On the morning of June 2, 1995, at just after 6:00 a.m. there was a commotion out front that attracted our attention. We were still in bed and I looked out the window and observed a policeman who.seemed to be talking to someone to my right as I faced the window looking toward the street. As he pointed a gun at someone, I heard the policeman say, do you have a weapon, and the man said, "no I don't, I need medical attention." I could not see the man he was talking to because of the bushes between my house and the street which is only a distance of about 12 - 15 feet. In just a few seconds there were several policemen there and they began scuffling with a man and wrestled him through my front gate, down onto the cement that leads to the front gate from my house. There were about 6 policemen involved as I recall and it looked like they were beating up on the guy. I did not recognize the man because I could not see him well but he appeared to be a white male, and he was wearing jogging shoes. The police finally put some restraints on his arms and his legs and after shoving his head against the cement several times and what appeared to be their striking the man, they carried him from the area in front of my house up to the street where there was an ambulance by that time. The were carrying him like you would carry a pig to a luau, that is, his arms and legs were together and they had him in a kind of pull position where they were lugging him out toward the ambulance. At no time during this altercation did it appear to me that the civilian was resisting the officers. He kept pleading that he needed medical attention but the officers apparently felt he was some sort of threat because they were constantly hitting or pushing on him when he appeared to be almost disabled. We have lived in this area for about 10 years and the Heltsley's live across the street and we have never known there to be any trouble of any kind. This is a quiet street, it is a court and while everyone here is not all that friendly with one another, there has never been any problems so far as I know. I went downstairs during this time that the officers were beating the man because I was afraid my children might see it, and they apparently thought the television was on. At one point I started to get my video camera by my wife dissuaded me and wanted me to stay there and observe. At the time the officers had the man on the cement and down, he was only about 4-6 feet from the front window of my house. They were very close and the only remarks I heard from the man was that he needed medical attention. This disturbance went on for about 20 minutes or so from the time we first heard it until they got the man up to the ambulance and during that time, it did not appear to me that the man was resisting the officers at all., s Fide f5SPe— I later learned that the man was Earl Heltsley who lives across the street but I did not recognize him at the time this was going on. Later that day when I was talking to my wife, I told her that we might sell and move out of here because I didn't want to live in this kind of neighborhood where the officers can take a citizen and beat him for what appeared to be no apparent reason. I mentioned to someone on the day this occurred that this was the Rodney King case all over again except this time the victim was white. I have read the foregoing statement and it is true and correct to the best of my knowledge. e rick List Date: 2 1 LIONEL K. HVOLBOLL Attorney at Law 35372 2 1237 Castro Street Martinez, CA 94553 3 510 228 8437 FAX 228 5139 4 5 Attorney for: Earl L. Heltsley 6 Respondent 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, CASE _ # C95 02582 11 Sheriff and Coroner of Contra Costa County 12 Petitioner, DECLARATION OF JOHNNY R. DELEON 13 VS. 14 Earl L. Heltsley, 15 Respondent. / 16 17 I live in the Heltsley home at 151 Renfrow Street. E1 18 Sobrante, California, and occupy a down stairs bedroom. On June 19 2d, 1995, Alberta Heltsley knocked on my bedroom door. She told 20 me that Earl was ill, and that the phone was not working. She 21 further stated that she was going to a neighbor' s house to 22 call for an ambulance. 23 24 Mrs. Heltsley told me that Earl was barely breathing, and 25 that he was scratching his scalp and chest, and saying that 26 we should all get in the shower. She was very upset. I arose 27 and dressed, I saw Earl coming down the stairs as I was leaving 1 28 1 my bedroom. He was rubbing his chest. He told me that he had 2 to take a shower and shave before he could go to the hospital, 3 and asked if I would help him. He wanted me to regulate the 4 water, and he was itching terribly. I agreed to help him 5 6 I unzipped the toiletry bag that he was carrying, got out 7 his razor, told him to shave first, and then shower. Instead, 8 he walked over to the French doors, and said that he was going 9 to get his mother to drive him to the hospital, and that I could 10 come along. Earl has never been so distraught in the six or 11 seven years that I have known him. He had been carrying his 12 toiletry bag, but at no time did I see any firearm. 13 14 There were several sheriff ' s cars parked on the street 15 when I walked outside. I saw Earl down on his knees with his 16 hands behind his head. Two deputies approached him, and I heard 17 Earl say. "Please don' t hurt me. I 'm not armed, I don' t feel 18 good. I need to go to the hospital. Please don' t hurt me. " The 19 two deputies hand cuffed him, and dragged him down the cement 20 steps to the neighbor' s house that is down the cement steps. 21 22 I walked over to the fence dividing our yards, and saw four 23 additional deputies, all struggling to get to Earl to beat on 24 him. Earl was terrified. he kept saying, "Please don' t hurt 25 me anymore, I haven' t done anything." I noticed a lot of blood 26 on his face and wrists. 27 28 2 I Earl was strapped to a gurney, and was about to be loaded 2 into an ambulance. As I turned to leave, I saw a deputy hit 3 him in the head. 4 5 Earl was taken to Doctor' s Hospital in Pinole, and I 6 drove his mother there. He was in the emergency room. A nurse 7 was cleaning the blood and gravel from his face and hands. His 8 face was swollen. He was spitting up blood. His hands were like 9 raw pieces of meat from the handcuffs. His ankles were bleeding 10 from the cuffs placed on them. 11 12 I heard the conversation between the doctor and 13 Earl ' s mother. The doctor said that the deputies wished to have 14 Earl held in accordance with §5150 of the Welfare and 15 Institutions Code, but, the Doctor stated, he was very much 16 against. this disposition, but that he was powerless to prevent 17 it. 18 I declare under the penalty of perjury that the foregoing 19 is true and correct. Executed at El Sobrante, California, on 20 September 15, 1995. 21 I 22 Johnny R. Deleon 23 24 25 26 27 3 28 ATTORH'TY cot PARTY W1711mT AT'TOfa= T"�Y�iOMI! 1[UXS�R t >cAHat A�tD ADORssa oo +-� ( ) j �s ttLx' LIQNEL K. HVQLBQLL ('510) 228 8437 1 `' i I Akttorney at Law 35372 `J ' 1237 Castro Street Martinez, CA 94553 t95 JL 21 P12. 13 ATTORNEY FOR (NAM) Earl Heltsley S,L. cO _ ,,-V C `K SUPERIOR COURT OF THE STATE OF .CA,LIgC3T XX AND FOR TRS COUNTY OF COVTRF, . 'Warren E. Rupf, Sheriff-Coroner Contra Costa County PLAI.N?Zitt h1�I Heltsley t CASE NOF 95 02580 NOTICE OF RZARING ON PETITION R8 Rgy�gN OF g=RgARK OR DEADLY 1[IiAPON 1. To: Name peen ireeii' oleaafor Rce ant Sheriff-Coroner' s Office Contra Costa County 2. A bearing to determine return of firearm or deadly weapon has been requested- and will be hold as follows: a. date: ?r j D-0(S time: D dept. : 1 2— div: rm. . b. address of the court.- 725 ourt:725 Court Street Martinez, CA 94553 j Date: 7/7/95 Alberta J.-Heltsley Earl L. Heltsley (Typo or paint name) (Signa ° fF'�t) (Proof of 8arvi,c;* oA reverse) saoRT s:nt: PROOF O? SERVICE BY MAIL I as over the age of Is-and Dot a party to this cause. I an a resident of or employed in the county where the ailing occurred. My residence or business address in (spec fy)s I served tba attached Xotice of Hearing on Petition re Return of Fi.reara or Deadly Rupon by enclosing true copies in a sealed envelope addressed to each person wbose name and address is given below and depositing the envelope in the Gaited States wail with the postage fully Prepaid. .(1) Date of deposits (2) Place of deposit (city and stato)s NAME AND ADDRESS OF LACE PERSON TO RHOX NOTICE WAS )MILER I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date (Type or print name) !Signp�.turn of Declarant) PROOF OF SERVICE — PERSONAL DELJLv Y I an over the age of IS and not a party to this cause. Hy residence or business address is (specify) : I served the attacbed Notice of Hearinq on Petition re Return of Firearm or Deadly Weapon by personally delivering copies to the person eer$ed as sbown below. PERsolts i1mm ]tame Delivery At Date: Time: Address: I declare under penalty of perjury under the laws of the State of California . that the foregoing is true and correct Date: (Type or print name) (Signature of Doelarant) NOTICE OF HEARING ON PETITION RE RETURN OF FIRBARK OR DEADLY WEAPON TO: Lee Borden FAX 510 254 6504 TELE 444 4970 From Lionel K. Hvolboll FAX 228 5139 Tele: 228 8437 total pages 4 Comments: Yesterday this- matter was ontinued until November 9th at 9: 30, this is not much time considering that we must make two motions, one for release of interna affairs files, and a general one. I am always open to discus ions from either you or my clients. This begins to look like w can probably ,work together on a number of cases, over time Let' s win this one first. LKH iIInuntL! of Oontra LQTostll Of fire of toe '�&hrriff Warren E. RWpf SnwW August 4. 1995 Mr. Lionel Hvolboll 1237 Castro Street Martinez, CA 94553 Re: Rupf vs Heltsiey C95-02580 Dear Mr. Hvolboli: The issue I am involved in is an 8102 Hearing, which is a Judicial Review of whether a weapon should be returned. The questions you ask in your letter are not related to 8102. If you wish to pursue , I suggest you inquire through other Department channels. / Sincerely, Sergeant George Ward Patrol Administrative`Services 1237 CASTRO STREET,MARTINEZ,CA 94553 TELEPHONE 510-228-8437,FAX 510-228-5139 AUGUST 1,1995 Sergeant Ward Administrative Section Sheriff Department 1960 Muir Road Martinez, CA 94553 Re: Rupf vs Heltsley, C95 02580 This note is to advise you of the change of time for the hearing on this matter, the confiscation of the gun, and the correctness of the charge under Welfare and Institutions Code 1550. The time for the hearing has been changed from August 10, 1995 to September 14, at 9:30, the hearing is still before Judge Minney in Department 12. This merely confirms my telephone message to you sent July 28, 1995. Could you please explain to me when an officer is supposed to use a nightstick to a patient's carotid artery when that patient is strapped to a gurney? You know from our appearance before Judith Sanders that you have to explain rather clearly for me to understand. I really do not understand this, Another question is how the patient could be spitting blood if he had not been injured. Please advise. Sincerely, Lionel K. Hvolboll G �� (f ountg of aontra Qlasta (Of fire of t4E '1�4eriff Warren E.Rupf Sheriff August 4, 1995 Mr. Lionel Hvolboll 1237 Castro Street Martinez, CA 94553 ----- Re: Rupf vs Heltsley C95,b2580 � Dear Mr. Hvolboll: The issue I am involvedinis an`8102 Hearing, which is a Judicial Review of whether a weapon should be returned p The questions-you ask In,your letter are not related to 8102 If you wish to,,pursue', I suggest you inquire, -rough other Department channels. Sincerely, ' L P Sergeant George Ward Patrol Administrative-S"ervices s - , a w;. q e �s< 1980 Muir Road•Martinez, California 94553-4800 (510)313-2500 LIONEL K. HVOLBOLL ATTORNEY AT LAW 1237 CASTRO STREET,MARTINEZ,CA 94553 TELEPHONE 510-228-8437,FAX 510-228-5139 AUGUST 10,1905 Sergeant Ward Administrative Section Sheriff Department 1960 Muir Road Martinez, CA 94553 Re: Rupf vs Heltsley, C95 02580 In response to your letter of August 4, 1995. 1 acknowledge that there appears to have been a clerical error in referring to Welfare and Institutions Code Section 5150. Your right to the relief you are requesting depends upon whether your people were correct in incarcerating the respondent. Our contention is that excessive force was used and that the 72 hour incarceration was unwarranted. If unwarranted, then your petition must fail. A motion is being made to investigate the records of the five deputies involved. Please be advised that there is such a thing as discovery in civil cases, and that there is a positive duty to meet and confer. Sincerely, Lionel K. Hvolboll E L C� 6 A CO 1N� (Eauntij of Tontra Tosta (offirr of t4r �5�,ertff-Torourr Warren E. Rupf Sheriff-Coroner - June 22, 1995 Earl L. Heltsley 151 Renfrew Court El Sobrante, CA 94803 Dear Mr. Heltsley: On June 2, 1995, as a result of your detention or apprehension for examination of your mental condition, certain firearm(s)/deadly weapon(s) were confiscated. Under the authority..of Section 8102 of the Welfare and Institutions Code, the Sheriff-Coroner of Contra Costa County is filing a petition for a hearing in the Superior Court of Contra Costa County in a department to be assigned by the presiding judge. The purpose of that hearing is to determine whether the return of the firearm(s) or deadly weapon(s) is likely to result in endangering you or any other person. It is your right to request that this hearing be held. Therefore, you have thirty (30) days from June 22, 1995, to contact the Contra Costa County Clerk and confirm your desire for this hearing. You may contact the Contra Costa County Clerk by mail at P.O. Box 911, Martinez, CA 94553, Attention: Civil Section; or by telephone at 646-2950. If you fail to respond, a default order will be issued forfeiting the confiscated firearm(s) or deadly weapon(s). Sincerely, WARREN E. RUPF, Sheriff-C roner George J. Ward Administrative Sergeant 1980 Muir Road•Martinez, California 94553-4800 (510) 313-2500 f--r i"+ rl �----, r_ LIONEL K.HVOLBOLL �' IJ- 1237 ,- 1 Attorney at Law 35372 Castro Street 2 Martinez, CA 94553 1gg5 JUL 2 p '{2: S 4 (510) 228 8437 3 FAX (510) 228 5139 S.L.WE R,CC'1-1 y V- %K CONTRA COSTA`OUNtTY 4 Attorney for: Respondents 5 Alberta J. Heltsley and 6 Earl L. Heltslley7/16/95 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, Case # C95 02580 11 Sheriff and Coroner of Contra Costa County, DECLARATION OF EARL HELTSLEY 12 Petitioner, REQUESTING AFFIRMATIVE RELIEF 13 14 vs. 15 Earl L. Heltsley, 16 Respondent / 17 1 wish to have an order directing the sheriff of Contra Costa county to forthwith 18 deliver my mother's .357 Smith and Wesson to her, and to relieve me of the onus placed 19 on me by the erroneous application of Section 5150 of the Welfare and Institutions 20 Code, for the following reasons: 21 My mother and I run Andy's Donut Shop. At about 2:00 A.M.on June 2, 1995., 1 22 injured my back while lifting a large bowl of raised dough. I left about 3:00 A.M. When 1 23 got home I took codeine. A couple of hours later I was itching all over. I woke my mother 24 to tell her of the trouble I was having, and that I was going to shower. She felt that I 25 should have my condition checked out by a doctor. Our phones were out of order, so she 26 went to the neighbors to use their phone. I followed several minutes later, in front of the 27 neighbor's house. There I was accosted by a deputy sheriff with his gun drawn, pointed 28 -1- 1 at me. He instructed me to kneel, and to put my hands behind my head. Codeine is not a 2 strictly controlled substance, and I was not guilty of any crime. I did as I was told. 1 3 begged him not to shoot me, and told him that I was unarmed. Then four additional 4 deputies showed up, and dragged me into another neighbor's fenced front yard where 5 they beat me, and piled on top of me while I was screaming, "I give up." 6 1 was taken to Doctors' Hospital in Pinole, where one of the deputies strangled m 7 with his baton. I was then sent to a private hospital and held for three days. Only later did 8 1 learn that a handgun had been confiscated from my home, a firearm registered to my 9 mother, who was certainly innocent in all of this incident. I dispute the things that the 10 officers wrote in their reports. I do not know for certain why they wrote these things. I 11 never had a gun that day, and cannot understand why I was treated the way that I was, 12 nor can I understand why they should confiscate a firearm belonging to my mother. 13 1 declare under the penalty of perjury that the foregoing is true and correct. 14 Executed at Martinez, California July 11, 1995 15 16 17 Earl L. Heltsley. 18 19 20 21 22 23 24 25 26 27 28 -2- § 5150, Grounds for detention; Application When any person, as a result of mental disorder, is a danger to others, or to himself or herself or gravely disabled, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, designated members of a mobile crisis team provided by Section 5651.7, or other professional person designated by the county may,upon probable cause, take, or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation. Such facility shall require an application in writing stating the circumstances under which the person's condition was called to the attention of the officer, member of the attending staff, or professional person, and stating that the officer, member of the attending staff, or professional person has probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled. If the probable cause is based on the statement of a person other than the officer, member of the attending staff, or professional person, such person shall be liable in a civil action for intentionally giving a statement which he or she knows to be false. LIONEL K.HVOLBOLL 1 Attorney at Law 35372 1237 Castro Street 2 Martinez, CA 94553 (510) 228 8437 3 FAX (510) 228 5139 4 Attorney for: Respondents 5 Alberta J. Heltsley and 6 Earl L. Heltslley7/28/95 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, Case # C95 02580 11 Sheriff and Coroner of Contra Costa County, DECLARATION OF KI HELTSLEY 12 Petitioner, Date: August 10, 1995 Time: 10:-00 A.M. 13 Place: Dept. 12 14 vs. 15 Earl L. Heltsley, 16 Respondent / 17 Lives in the two story home owned by Alberta Heltsley. My husband Earl, myself 18 Alberta, and Jaun Deleon are the only people in the house. My bedroom is upstairs. 19 1 was in bed upstairs when I awakened, and I looked out the window. I saw deputy 20 entering the court. This is a dead end street. Earl was already on his knees in front 21 ofdon't have gun. The next thing I saw was tone deputy unlatch the gate between our 22 house and the neighbor's house. The neighbors very seldom unlatch this gate. The other 23 four deputies, that had arrived just minutes after the first deputy, helped drag Earl down 24 the steps and beat the tar out of him. The window was open, Ki heard and saw the 25 Ambulance drive up and seen them put Earl on the gurney and forced a flashlight in your 26 mouth sideways. As they were loading him into the ambulance Earl said, How could you 27 do this to me? I know you. Ki then saw two deputies walk towards her house and then 28 -1- 1 which likewise refused service, stating that even though both offices were offices 2 of the sheriff, service had to be made on the deputy signing. After keeping an 3 appointment at the Veterans Administration Clinic, counsel then went to 1980 4 Muir Road, and told the receptionist that he wished to serve the sheriff with an 5 Answer to the sheriff's Petition. Officer George J. Ward came to the desk and 6 accepted the Notice of Hearing and the Declarations of Earl and Alberta 7 Heltsley. 8 Officer Ward was asked for the documentation and list of witnesses, and whatever 9 else he might have to support the Sheriff's petition. He walked away in a terrible huff, 10 and hollered that this was a civil matter, that therefore counsel was not entitled to any 11 discovery. As though there were nothing like discovery in civil matters. Officer Ward's 12 conduct was most unprofessional, and counsel submits, totally incorrect, hence this ex 13 parte motion. 14 Counsel is informed by respondent that when respondent requested a copy of the 15 medical records pertaining to his incarceration in the mental hospital, that he was 16 informed that the records had been lost. He fuorther stated that the psychiatrist 17 examining him stated that there was nothing wrong with him, but that he was proceeding 18 with the detention at the request of the sheriff,.This seems to be rather unusual. The 19 code seems to favor full disclosure to the inmate, consider the following:. 20 "Such facility shall require an application in writing stating the 21 circumstances under which the person's condition was called to the attention of the officer, 22 23 "The documentation shall include detailed information regarding 24 the factual circumstances and observations constituting probable cause for the peace officer to believe that the individual required psychiatric 25 evaluation under the standards of Section 5105. "§ 5152. Evaluation, treatment, and care; Release; Information on 26 medication side effects 27 "(a) Each person admitted to a facility for 72-hour treatment and 28 evaluation under the provisions of this article shall receive an evaluation -2 I , r' LIONEL K.HVOLBOLL Attorney at Law 35372 l 1237 Castro Street 1J 1 Martinez, CA 94553 (510) 228 8437 . 2 FAX (510) 228 5139 3 Attorney for: Respondents S.L WE R.COUTHY c E c Ct�NTiZX CCiS1,A C J��i\IiY 4 Alberta J. Heltsley and Earl L. Heltslley7/19/95 B 5 6 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, Case # C95 02580 11 Sheriff and Coroner of Contra Costa County, DECLARATION OF ALBERTA HELTSLEY 12 Petitioner, REQUESTING AFFIRMATIVE RELIEF 13 14 vs. 15 Earl L. Heltsley, 16 Respondent / 17 1 am the registered owner of the firearm confiscated by the sheriff of Contra Costa 18 County. I request the Court to issue an Order directing the sheriff to return my weapon to 19 me. 20 Please refer to the original Petition by the Sheriff, referring to Section 8102 of the 21 Welfare and Institutions Code. My handgun should have been returned to me for the 22 failure of the person in charge of the facility to notify my son that there was a procedure 23 for the return of my property {(b) second full paragraph), and a further breakdown in 24 procedure when more than ten days elapsed, and no proceedings had been 25 commenced, contrary to the requirements of (g). After the ten days had elapsed, I had 26 waited for them to contact me, which they had not done, so I telephoned the Sheriff's 27 28 -1- 1 Department, and spoke to an officer Beardsley. He informed me that my handgun would 2 not be returnled to me. 3 1 am the mother of the respondent, and request an Order from this Court relieving 4 him of any charge that he was, or presently is, in any kind of mental derangement. His s running for public office at any early age may reflect a certain amount of inexperience, 6 but it is not insane for a citizen of voting age to seek public office for which he considers 7 himself qualified. s The circumstances surrounding the incident here involved are as here stated: I 9 believe they show a severe over reaction by the sheriff, and for this reason, I consider 10 the actions of the sheriff's deputies, acting in the course and scope of their employment, 11 to have been at least overzealous. On June 1, 1995, my son and I were working at my 12 business, which is a doughnut shop, and we were making doughnuts. 13 At about 11:00 that evening, my son bent over to pick up a mixing bowl full of 14 dough. Somehow he sustained an injury to his lower back. He had difficulty in standing. 1 15 had to call someone else to finish my son's shift. My son called me about 2:30, an hour 16 and a half after he had left the shop, to tell me that he had taken a hot bath, soaked his 17 back, and was going to bed. 18 When I arrived home at 5:00 A. M. My son was sitting on the edge of his bed, 19 rubbing his chest. I asked him what was wrong. He said he was having a problem 20 breathing, and that his chest itched. He replied to my inquiry, that I need not take him to 21 the emergency room, nor call a doctor, because he believed that he was only suffering 22 from an air bubble that would go away. He said that he had a glass of milk, and that he 23 had taken some codeine for his back pain 24 1 went to bed, and fell into a deep sleep, only to be awakened by my son knocking 25 on the door to my room. He was calling for help, "Mom, come help me!!" 26 When I saw him he was scratching his chest and arms. He was sweating. He said his 27 tongue felt swollen and that he felt as though there were bugs crawling all over him. 1 28 became hysterical because of the condition of my son. I felt that the only thing to do was -2- 1 to call 911, to get an ambulance. Our phone failed d to function, so I went to our 2 neighbor's home and used their phone. I was told that a firetruck an ambulance and the 3 police were on their way, and that I should go home and stay there until they arrived. 4 The response was very quick. I left my neighbor's house, my son was coming across the 5 lawn to say we should drive to emergency, when the sheriff's deputies arrived. 6 My son was not carrying any weapon, and was not armed in any way. He had not 7 threatened me. He kneeled in the middle of the street and put his hands behind his s head. He said, "Please don't hurt me, I feel ill." Immediately he was set upon by five or 9 six deputies. To the best of my knowledge their attack was totally unjustified. 10 They all struggled with each other to get a chance to strike my son, who was all the time 11 pleading not to be hurt. I heard from a witness that one of the deputies hurt his knee 12 when one of the other deputies fell on him. 13 My son was handcuffed so tightly that he still shows bruises from this incident. In 14 addition his face was injured when he was dragged down the concrete steps. He 15 sustained permanent nerve damage to his right thumb and hand. He has deep scars on 16 his ankles from having been shackled. His teeth were chipped. He underwent a very 17 traumatic experience! 18 1 acknowledge that where there is an insane person armed with a weapon that the 19 authorities have the right to enter without any warrant and confiscate weapons. I dispute 20 that there was any insanity involved in my son's case. He did not put up any resistance, 21 he only begged for mercy. He was suffering an allergic reaction to the codeine that he 22 took to relieve the pain in his back. Nevertheless, the deputies stormed into my home 23 without any warrant, when there was no emergency, when my son was already in their 24 custody, and confiscated my .357 Smith and Wesson handgun, registered to me. They 25 did not give me a receipt for this property 26 The position of the Petitioner is that my son was subject to the provisions of 27 Section 5150 of the Health and Institutions Code. I disagree, and so did the doctor who 28 examined him. I disagree that there was any mental disorder involved, that he was a -3- 1 danger to either himself or to others, I further disagree that there was any probable 2 cause for any of the activities of the deputies involved in this incident. 3 There is nothing wrong with my son's brain, he is a graduate of St. Mary's college 4 in History and has a bachelor of arts degree in psychology from New York University. s He was a reserve officer for the sheriff's department for four years. He was an Explorer 6 for five years before joining the sheriff's department. He helps me manage my business 7 He ran for County Supervisor in 1994, and I feel that this political activity may be the 8 basis for the action by the sheriff's department. 9 My prayer to this court is to order the immediate return of my .357 Smith and 10 Wesson handgun, held by the petitioner, and (2) to issue an order stating that the 11 provisions of section 5150 of the Welfare and Institutions Code do not apply to my son. 12 There are no small children in my home, and I am alone most nights. I feel that 1 13 need my handgun for protection, I would feel much safer if I had it in my possession. This 14 firearm has never been used in any crime. Neither my son nor I have any criminal record 1s whatsoever. I, as a witness to what happened, feel that a grave injustice has been 16 committed, which could be partially amended by the relief which I am requesting. 17 18 1 declare under the penalty of perjury that the foregoing is true and correct. 19 Executed at Martinez, California on July 11, 1995. 20 Alberta J. Heltsley 21 22 23 24 2s 26 27 28 -4- f § 8102. Confiscation of firearm in possession of mental patient; Disposition; Hearing (a)Whenever a person, who has been detained or apprehended for examination of his or her mental condition or who is a person described in Section 8100 or 8103, is found to own,have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly weapon,the firearm or other deadly weapon shall be confiscated by any law enforcement agency or peace officer, who shall retain custody of the firearm or other deadly weapon. "Deadly weapon," as used in this section,has the meaning prescribed by Section 8100. (b) Upon confiscation of any firearm or other deadly weapon from a person who has been detained or apprehended for examination of his or her mental condition, the peace officer or law enforcement agency shall notify the person of the procedure for the return of any firearm or other deadly weapon which has been confiscated. Where the person is released , the professional person in charge of the facility, or his or her designee, shall notify the person of the procedure for the return of any firearm or other deadly weapon which may have been confiscated. Health facility personnel shall notify the confiscating law enforcement agency upon release of the detained person, and shall make a notation to the effect that the facility provided the required notice to the person regarding the procedure to obtain return of any confiscated firearm. (c)Upon the release of a person as described in subdivision(b), the confiscating law enforcement agency shall have 10 days, unless good cause is shown, to initiate a petition in the superior court for a hearing to determine whether the return of a firearm or other deadly weapon would be likely to result in endangering the person or others, and to send a notice advising the person of his or her right to a hearing on this issue. (d) The law enforcement agency shall inform the person that he or she has 30 days to respond to the court clerk to confirm his or her desire for a hearing, and that the failure to respond will result in a default order forfeiting the confiscated firearm or weapon. For the purpose of this subdivision, the person's last known address shall be the address provided to the law enforcement officer by the person at the time of the person's detention or apprehension. (e) If the person responds and requests a hearing, the court clerk shall set a hearing, no later than 30 days from receipt of the request. The court clerk shall notify the person and the district attorney of the date, time, and place of the hearing. (f) If the person does not respond within 30 days of the notice, the law enforcement agency may file a petition for order of default. (g) If the law enforcement agency does not initiate proceedings within the 10-day period, it shall make the weapon available for return. �. CLAIM. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, .CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100,000.00 Sg�(r t � 13 and 915.4. Please note all "Warnings". CLAIMANT: Ki Heltsley CT 5 1995 O ATTORNEY: Lionel K. Huolboll COuNjyCoUNSEL 1237 Castro St. MARTINEZQ7k •received ADDRESS: Martinez, CA 94553 BY DELIVERY TO CLERK ON October 4. 1995 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH g DATED: October 5, 1995 BYIL BATCHELOR, Clerk \A�Ae II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 9 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (J ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: — PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 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. • J L Dated: // — �' / 9 9�' BY: PHIL BATCHELOR by �at�eputy Clerk CC: County Counsel County Administrator Gla;� to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY TNMICTIONS TO C..AIN��,'Z 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, 1957, 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, 1918, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action crust be presented not later than one year after the accrual of the cause of action. (Govt. Code 6911.2.) B. Claim 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 t'L.n the County, the name of the District should be filled in. D. If the r claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claim--, Pe:ml Code Sec. 72 at the end of this R-: Claim B;, ) Reserved for Clerk's filing stamp RECEIVED gair.st the County o. Contra Costa or ) District) CLFR S1)OFUPE SORS Fill in name; ) The undersigned claiw-nt hereby makes cla�asainst the Co�rity of Contra Costa or the above-named District in the a= of � �On0_ GYM and in support o.41 this claim represents as follows: +---------------------•------_-- ---- ----------------------_--------N-----r-N r 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) Z.,�L 04=1LY, 6 V,�-f 2k'—A)L�- (2Lex L 4. mat particular act or omission on the part "01rity or distrIA officers, &,n4lVML(J L,n servants or e=ployees caused the injury or damage? f Far ) lis/ <� (ov7,Uk0fi-r, ) �C;�� a-�E� �• '14-At are the nares of co•.r::y or district officers, servants or esrloyees caising the da- & e or y ; doge or injuries do you claim resulted? (Give full extent of injuries or d&es claimed. Attach tao estimates for auto damage. 7. Hou was the azb-.rjt claimed above coy uted? Un. :lode the estimated amount of V... prospective injury or damle.) atx_ird�LL6 al'.a6 • Names and ad! 'e_ses of ti !.ne__e_, d-_.Ycrs a.._ hos,.Ya. s. -AL �. lis: the ex,e-ditures yo�; this a.:iden: or ir,4x i: Gcv. Code Se.. 910.2 provides: "7,e cla:= rst be sig"ied by the claim-nt ��• � �.._..�.\ .."•: �F:a r.•+►.0•.� `.r. 1.y s=e pers:n on his betallf•" Laza no; .►' "Ess C: , ria J 7ti'l 1 Gl/ 1si�-t ' �-.ature 1a,3� CaS4-;-zl .5fr � �- n2C�,- h�?- r� l�t=ress 7e:e;ihone N. Telephone - • • • aa • « a 9T 0 0 & a & 0 Ir a • « NOTICE Se•^.ticn ?c of the Penal Code protides: "Every pe.^soa with intent to defraud, presents for allMznee or for paymLet to any state board or officer, or to any,county, city or district board or officer, authorized to allow or pay the sax if genuine, My false or fraudulent claim, bill, a:cont, you=her, or witing, is punishable either by imprisoamaent in the county jail for a period of not move than one year, by a fine of not exeeediag ane thousan! (::,000), or by both su_h iz rriso:Amit and fine, or by imprisonx.:t in the state priscr., by a fire of not ex:ee:ilk ten thousand dollars ($10,000, or by bc:h ��nY nt _A i s_�� im..,-r.so_.7E. a fine. GeS &f=CchTjg/4 6Z TH C�)tl'17(1 C Ll� YL L S'/V/ eL - �T�J9�/�� C1;4L 5 C)Wl 17c� __ _ ---- _,- _— .•• • i� 7GGt3J1J7 'J/VJbG w"r a L .rt 81' Ranitidine may be prescribed to prevent gastroduodenal mucosal damage associated with long-term nonsteroidal anti-inflammatory drug therapy(eg,in- domethacin),stress-induced ulcers and certain types of respiratory complica- tions during anesthesia and to treat bleeding of the stomach or intestines. Precautions: Do not use when there is an allergy to any of these drugs. Use with caution in the following situations: kidney disease liver disease Elderly:Safety and effectiveness are similar to those of younger age.Elderly may have reduced kidney function. Decreased cimetidine clearance may be more common. Pregnancy:Cimetidine crosses the placenta.Adequate studies have not been done in pregnant women.Use only if clearly needed and potential benefits outweigh the possible hazards to the fetus. ' Breastfeeding:Cimetidine, nizatidine and ranitidine appear in breast milk. it is not known if famotidine appears in breast milk.Because of the potential for adverse ef- fects,a decision should be made whether to discontinue breastfeading or the drug, taking into account the importance of the drug to the mother.Consult your doctor before you begin breastfeeding. Children:Safety and effectiveness in children have not been established.Cimetidine use is not usually recommended in children under 16. lab tests may be required during treatment.Tests may include: Liver function tests. Patient Drug facts•Copyright July 1992 by Facts and Comparisons RUG-04-1995 13:59 F-WUi"I �-vu. R Drug Interactions: Tell your doctor or pharmacist if you are taking or if you are planning to take any over- the-Counter or prescription medications with H2 antagonists. Doses of one or both drugs may need to be modified or a different drug may need to be prescribed.The following drugs and drug classes interact with H2 antagonists. cimetidine-- alcohol lidocaine(eg,Xylocaine) antacids(eg, Tums) metoclopramide leg,Reglan) anticholinergics(eg,atropine) metoprolol (eg,Lopressor) barbiturates(eg,phenobarbital) metronidazole(eg,Flagyn benzodiazepines(eg,diazepam) moricizine(Ethmozine! beta-blockers(eg, propranolol) narcotic analgesics(eg,cooeine) caffeine nifedipine(eg,Procardial calcium channel blockers nonsteroidal anti-inflamn►atory , (eg,verapamil) agents(NSAIDs)(eg, ibuprofen) carbamazepine(eg, Tegretol? pentoxifylline/Trental) carmustine(BiCNU) probenecid (eg,Benemid) chloroquine(eg,Aralen) procainamide(eg,PronestA chlorpromazine(eg, Thorazine) propafenone(Rythmol) cigarette smoking quinidine (eg,Quinora) clozapine(Clozaril) quinine (eg, Quinamm) dioxin (e —Onoxin) succinylcholine(eg,Quelicin) di tiazem Cardizem) sulfonylureas(eg, glipizide) felodipine(Plendil) tetracyclines(eg,demeclocycline) flecainide(Tambocor) theophylline leg, Theo-Dur) fluconazole.(Diflucan) tocainide(Tonocard) fluorouracil triamterene(Dyrenium) hydantoins(eg,phenytoin) tricyclic antidepressants indomethacin (eq,Indocin) (eg,amitriptyline) iron valproic acid(eg,Depakene) ketoconazole(Nizoral) warfarin (eg, Coumadin) labetalol (eg,Normodyne) 3 . Patient Drug Facts•Copyright duly 1992 by Facts and Comparisons famotidine— antacids(eg, Tums) ketoconazole(Nizoral) probenecid(eg,Benemid) nizatidine-- charcoal activated Charcoal ketoconazole(Nizoral) antacids(eg, Tums) aspirin(eg,Bayer) ranitidine alcohol nondepolarizing muscle relaxants - antacids (eg, Tums) (eg, stracurium) benzodiazepines(eg,diazepam) nonsteroidal anti-inflammatory beta-blockers(eg, metoprolol) -agents(NSAIDs) (eg,ibuprofen) diltiazem (Cardizem) procainamide(eg,Pronestyll ketoconazole(Nizoral) sulfonylureas(eg,glipizide) lidocaine(eg,Xylocaine) theophyllines(eg, Theo-Dur) Knarcotic analgesics(eg:codeine) tricyclic antidepressants nifedipine(eg,Procardia) (eg,amitriptyline) warfarin(eg, Coumadin) Side Effects: Every drug is capable of producing side effects. Many histamine Hz antagonist users experience no, or minor,side effects.The frequency and severity of side effects depend on many factors including dose,duration of therapy and individual suscep- tibility. Possible side effects include: Digestive Tract:Diarrhea; constipation. Nervous System:Confusion; hallucinations;fatigue;dizziness;sleepiness; See r,�xr headache. 9e Other.,Sweating; impotence; worsening of arthritis. Patient Drug Facts•Copyright July 1992 by Facts and Comparisons My name is CANDIS LIST and I live at 130 Renfree Court, E1 Sobrante, California 94803. On the morning of June 29 1995 at about 6:30 A.M. I heard a commotion out in the street and I looked out our bedroom window and saw a Sheriff's deputy pointing a gun. He was standing in front of my home on the street, which is abou-;: 15 feet out from the front of our house, and I was looking at him through the upstairs window, and .I heard him ask someone if they had a weapon and the man said no he did not have a weapon, and the man replied that he needed medical attention, and the officer was telling him to get down, and the man was saying "I need some medical help, please don't hurt me" . and suddenly there were about six or eight Sheriffls deputies around the man and they were knocking him down and wrestling him down the walk through the gate in front of my house. The man was lying on the sidewalk, and the officer was pounding his face against the cement sidewalk. We went downstairs and my children were watching from their window, and from the downstairs window to where the officers iere 'beating this man was only a distance of about four feet. The man was down, he was not resisting, but it was though the officers were not willing to rely on that, they kept beating on the man and holding him down, and he is saying please don't hit me anymore or please don't hurt m% I need medical help. At no time during the confrontation involving all the officers did it appear that the man was resisting them in any way, on the contrary he seemed to be just pleading with them to get him some medical help in a desperate tone while the Officers were beating him. It was almost as though the Officers felt it was necesaary take to part in this brutality so that no one Officer could be singled out as the one Officer that was beating the man. Statement of Candis List. Page #2 This commotion and beating went on for about 20-25 minutes until the Officers had the man "hog tied". His ankles and hands were tied and that is the way he was carried out from our yard. We have lived here for about ten years and thf H'eltateyls have been our neighbors across the street. We hd*d never'Nald any problems because this is a quiet community. The evening after this incident took place, my husband said to me that we are going to sell the house and move out of here because we do not want to live in an area where Police can treat the citizens in this manner. Apparently the man the polLce were beating on lost consciousness at some point because I saw them put some sort of tube in his mouth in an effort to revive him before they carried him away. I have read the foregoing 1k page statement and declare under penalty, of perjury that it is true and correct to the best of my knowledge. X Date: My name is Patrick List and I live at 130 Renfrew Court,El Sobrante, California 94803. I am a licensed building contractor in the State of California. On the morning of June 2, 1995, at just atter 6:00 a.m. there was a commotion out front that attracted our attention. We were still in bed and I looked out the window and observed a policeman who seemed to be talking to someone to my right as I faced the window looking toward the street. As he pointed a gun at someone,I heard the policeman say, do you have a weapon, and the man said, "no I don't, I need medical attention." I could not see the man he was talking to because of the bushes between my house and the street which is only a distance of about 12 - 15 feet. In just a few seconds there were several policemen there and they began scuffling with a man and wrestled him through my front gate, down onto the cement that leads to the front gate from my house. There were about 6 policemen involved as I recall and it looked like they were beating up on the guy. I did not recognize the man because I could not see him well but he appeared to be a white male, and he was wearing jogging shoes. The police finally put some restraints on his arms and his legs and after shoving his head against the cement several times and what appeared to be their striking the man,they carried him from the area in front of my house up to the street where there was an ambulance by that time. The were carrying him like you would carry a pig to a luau,that is, his arms and legs were together and they had him in a kind of pull position where they were lugging him out toward the ambulance. At no time during this altercation did it appear to me that the civilian was resisting the officers. He kept pleading that he needed medical attention but the officers apparently felt he was some sort of threat because they were constantly hitting or pushing on him when he appeared to be almost disabled. We have lived in this area for about 10 years and the Heltsley's live across the street and we have never known there to be any trouble of any kind. This is a quiet street, it is a court and while everyone here is not all that friendly with one another, there has never been any problems so far as I know. I went downstairs during this time that the officers were beating the man because I was afraid my children might see it, and they apparently thought the television was on. At one point I started to get my video camera by my wife dissuaded me and wanted me to stay there and observe. At the time the officers had the man on the cement and down, he was only about 4-6 feet from the front window of my house. They were very close and the only remarks I heard from the man was that he needed medical attention. This disturbance went on for about 20 minutes or so from the time we first heard it until they got the man up to the ambulance and during that time, it did not appear to me that the man was resisting the officers at all., Is i�e Xs.--i (tvasee- I later learned that the man was Earl Heltsley who lives across the street but I did not recognize him at the time this was going on. Later that day when I was talking to my wife, I told her that we might sell and move out of here because I didn't want to live in this kind of neighborhood where the officers can take a citizen and beat him for what appeared to be no apparent reason. I mentioned to someone on the day this occurred that this was the Rodney King case all over again except this time the victim was white. I have read the foregoing statement and it is true and correct to the best of my knowledge. 'ck List Date: 2 1 LIONEL K. HVOLBOLL Attorney at Law 35372 2 1237 Castro Street Martinez, CA 94553 3 510 228 8437 FAX 228 5139 4 5 Attorney for: Earl L. Heltsley 6 Respondent 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, CASE # C95 02582 11 Sheriff and Coroner of Contra Costa County 12 Petitioner, DECLARATION OF JOHNNY R. DELEON 13 VS. 14 Earl L. Heltsley, 15 Respondent. / 16 17 I live in the Heltsley home at 151 Renfrow Street. E1 18 Sobrante, California, and occupy a down stairs bedroom. On June 19 2d, 1995, Alberta Heltsley knocked on my bedroom door. She told 20 me that Earl was ill, and that the phone was not working. She 21 further stated that she was going to a neighbor's house to 22 call for an ambulance. 23 24 Mrs. Heltsley told me that Earl was barely breathing, and 25 that he was scratching his scalp and chest, and saying that 26 we should all get in the shower. She was very upset. I arose 27 and dressed, I saw Earl coming down the stairs as I was leaving 1 28 1 my bedroom. He was rubbing his chest. He told me that he had 2 to take a shower and shave before he could go to the hospital, 3 and asked if I would help him. He wanted me to regulate the 4 water, and he was itching terribly. I agreed to help him 5 6 I unzipped the toiletry bag that he was carrying, got out 7 his razor, told him to shave first, and then shower. Instead, 8 he walked over to the French doors, and said that he was going 9 to get his mother to drive him to the hospital, and that I could 10 come along. Earl has never been so distraught in the six or 11 seven years that I have known him. He had been carrying his 12 toiletry bag, but at no time did I see any firearm. 13 14 There were several sheriff 's cars parked on the street 15 when I walked outside. I saw Earl down on his knees with his 16 hands behind his head. Two deputies approached him, and I heard 17 Earl say. "Please don't hurt me. I 'm not armed, I don't feel 18 good. I need to go to the hospital. Please don't hurt me." The 19 two deputies hand cuffed him, and dragged him down the cement 20 steps to the neighbor's house that is down the cement steps. 21 22 I walked over to the fence dividing our yards, and saw four 23 additional deputies, all struggling to get to Earl to beat on 24 him. Earl was terrified. he kept saying, "Please don't hurt 25 me anymore, I haven't done anything." I noticed a lot of blood 26 on his face and wrists. 27 28 2 1 Earl was strapped to a gurney, and was about to be loaded 2 into an ambulance. As I turned to leave, I saw a deputy hit 3 him in the head. 4 5 Earl was taken to Doctor's Hospital in Pinole, and I 6 drove his mother there. He was in the emergency room. A nurse 7 was cleaning the blood and gravel from his face and hands. His 8 face was swollen. He was spitting up blood. His hands were like 9 raw pieces of meat from the handcuffs. His ankles were bleeding 10 from the cuffs placed on them. 11 12 I heard the conversation between the doctor and 13 Earl's mother. The doctor said that the deputies wished to have 14 Earl held in accordance with §5150 of the Welfare and 15 Institutions Code, but, the Doctor stated, he was very much 16 against this disposition, but that he was powerless to prevent 17 it. 18 I declare under the penalty of perjury that the foregoing 19 is true and correct. Executed at E1 Sobrante, California, on 20 September 15, 1995. 21 22 Johnny R. Deleon 23 24 25 26 27 28 3 XTTORN='l Ca PARTY WITg= ATroivaY. ! m 1tWs8slt1 WLIONELS K HVQLBOLL ('510) 22$ 8437 77 ex OM= Akttorney at Law 35372 1237 Castro Street Martinez, CA 94553 lggs JUL 21 p 12; 13 ATTORIM FOR (NAM) Earl Heltsley SUPERIOR COURT OF THE STATS OF C71Lrpolt Zai 131D FOR THS COUNT! OF COh*TR& 'Warren E. Rupf, Sheriff-Coroner Contra Costa County ss�►.�cxrirr: a� Heltsley CASE IO C95 02580 NOTICE OF REARING ON PST1710N R8 RZTURX OF FIRE, M OR DEADLY WBAP0N Name pa ► t 8riaess' o swe+aafcirCement aged . Sheriff-Coroner's Office Contra Costa County 2. A bearing to detezm.Lne "tuna of firearm or deadly weapon has been requested. and will be bald as follows: a. date: - -CfL," time: q�2 O dept. : 12_ div: rm. b. address of the court: 725 Court Street Martinez, CA 94553 Date: 7/7/95 Alberta J.-Heltsley �� •. Earl L. Heltsley (Type orprint names) i8�gaatwce of Res (goof at 6"mLos on rev too) TO: Lee Borden FAX 510 254 6504 TELE 444 4970 From Lionel K. Hvolboll FAX 228 5139 Tele: 228 8437 total pages 4 Comments: Yesterday this matter was continued until November 9th at 9:30, this is not much time considering that we must make two motions, one for release of internal affairs files, and a general one. I am always open to discussions from either you or my clients. This begins to look like we can probably work together on a number of cases, over time. Let's win this one first. LKH .------------ - (Iuuntg of (9vittra Teats (of fire of tht A4griff Warren E.Rupi Shsrifl August 4, 1995 Mr. Lionel Hvolboll 1237 Castro Street Martinez, CA 94553 Re: Rupf vs Heltsley C95-02580 Dear Mr. Hvolboll: The issue I am involved in is an 8102 Hearing, which is a Judicial Review of whether a weapon should be returned The questions you ask in your letter are not related to 8102. If you wish to pursue , I suggest you inquire through other Department channels. Sincerely, Sergeant Georg Ward Patrol Administrative Services 1237 CAS=STREET,WMTEZ,CA 94553 TELEPHONE 510.228-8437,FAX 510-228-5139 AUGUST 1,1905 Sergeant Ward Administrative Section Sheriff Department 1960 Muir Road Martinez, CA 94553 Re: Rupf vs Heltsley, C95 02580 This note is to advise you of the change of time for the hearing on this matter, the confiscation of the gun, and the correctness of the charge under Welfare and Institutions Code 1550. The time for the hearing has been changed from August 10, 1995 to September 14, at 9:30, the hearing is stili before Judge Minney in Department 12. This merely confirms my telephone message to you sent July 28, 1995. Could you please explain to me when an officer is supposed to use a nightstick to a patient's carotid artery when that patient is strapped to a gurney? You know from our appearance before Judith Sanders that you have to explain rather clearly for me to understand. I really do not understand this, Another question is how the patient could be spitting blood if he had not been injured. Please advise. Sincerely, Lionel K. Hvolboll z , Of (avuntg of( vrttrts (1vota Of fire of t4P S4rrif f Warren E.Rupf MOM August 4, 1995 Mr. Lionel Hvolboll 1237 Castro Street Martinez, CA 94553 Re: Rupf vs Heltsley C95-02580 Dear Mr. Hvolboll: The issue I am involved in is an 8102 Hearing, which is a Judicial Review of whether a weapon should be returned. The questions you ask in your letter are not related to 8102. If you wish to pursue , I suggest you inquire through other Department channels. Sincerely, Sergeant George Ward Patrol Administrative Services 1980 Muir Road•Martinez,California 94553-4800 (510)313-2500 LIONEL K. HVOLBOLL ATTORNEY AT LAW 1237 GASTRO STREET,MARM EZ,CA 94553 TELEPHONE 510-228.8437,FAX 510.228-5139 AUGUST 10,1995 Sergeant Ward Administrative Section Sheriff Department 1960 Muir Road Martinez, CA 94553 Re: Rupf vs Heltsley, C95 02580 In response to your letter of August 4, 1995. 1 acknowledge that there appears to have been a clerical error in referring to Welfare and Institutions Code Section 5150. Your right to the relief you are requesting depends upon whether your people were correct in incarcerating the respondent. Our contention is that excessive force was used and that the 72 hour incarceration was unwarranted. If unwarranted, then your petition must fail. A motion is being made to investigate the records of the five deputies involved. Please be advised that there is such a thing as discovery in civil cases, and that there is a positive duty to meet and confer. Sincerely, Lionel K. Hvolboll Lonntu of (Contra (Costa (Of f ire of toe f-CrnxIInex Warren E.Rupf Sheriff-Coroner June 22, 1995 Earl L. Heltsley 151 Renfrew Court El Sobrante, CA 94803 Dear Mr. Heltsley: On June 2, 1995, as a result of your detention or apprehension for examination of your mental condition, certain firearms)/deadly weapon(s) were confiscated. Under the authority of Section 8102 of the Welfare and Institutions Code, the Sheriff-Coroner of Contra Costa County is filing a petition for a hearing in the Superior Court of Contra Costa County in a department to be assigned by the presiding judge. The purpose of that hearing is to determine whether the return of the firearms) or deadly weapon(s) is likely to result in endangering you or any other person. It is your right to request that this hearing be held. Therefore, you have thirty (30) days from June 22, 1995, to contact the Contra Costa County Clerk and confirm your desire for this hearing. You may contact the Contra Costa County Clerk by mail at P.O. Box 911, Martinez, CA 94553, Attention: Civil Section; or by telephone at 646-2950. If you fail to respond, a default order will be issued forfeiting the confiscated firearms) or deadly weapon(s). Sincerely, WARREN E. RUPF, Sheriff-C Toner G�0 George J. Ward Administrative Sergeant 1980 Muir Road•Martinez,California 94553-4800 (510)313-2500 ' LIONEL K.HVOLBOLL E '-' ' III U . 1 Attorney at Law 35372 ` 1237 Castro Street 2 Martinez, CA 94553 M5 JUL 21 P 12: 1 U (510) 228 8437 3 FAX 510 228 5139 COti�4A CG-,ti U `Y 4 Attorney for: Respondents 5 Alberta J. Heltsley and 6 Earl L. Heltslley7/16/95 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, Case# C95 02580 11 Sheriff and Coroner of Contra Costa County, DECLARATION OF EARL HELTSLEY 12 Petitioner, REQUESTING AFFIRMATIVE RELIEF 13 14 vs. 15 Earl L. Heltsley, 16 Respondent / 17 1 wish to have an order directing the sheriff of Contra Costa county to forthwith 18 deliver my mother's .357 Smith and Wesson to her, and to relieve me of the onus placed 19 on me by the erroneous application of Section 5150 of the Welfare and Institutions 20 Code, for the following reasons: 21 My mother and I run Andy's Donut Shop. At about 2:00 A.M.on June 2, 1995., 1 22 injured my back while lifting a large bowl of raised dough. I left about 3:00 A.M. 'When 1 23 got home I took codeine. A couple.of hours later I was itching all over. I woke my mother 24 to tell her of the trouble I was having, and that I was going to shower. She felt that I 25 should have my condition checked out by a doctor. Our phones were out of order, so she 26 went to the neighbors to use their phone. I followed several minutes later, in front of the 27 neighbor's house. There I was accosted by a deputy sheriff with his gun drawn, pointed 28 -1- 1 at me. He instructed me to kneel, and to put my hands behind my head. Codeine is not a 2 strictly controlled substance, and I was not guilty of any crime. I did as I was told. 1 3 begged him not to shoot me, and told him that I was unarmed. Then four additional • 4 deputies showed up, and dragged me into another neighbor's fenced front yard where 5 they beat me, and piled on top of me while I was screaming, 81 give up." 6 1 was taken to Doctors' Hospital in Pinole, where one of the deputies strangled m 7 with his baton. I was then sent to a private hospital and held for three days. Only later did 8 1 learn that a handgun had been confiscated from my home, a firearm registered to my 9 mother, who was certainly innocent in all of this incident. I dispute the things that the 10 officers wrote in their reports. I do not know for certain why they wrote these things. I 11 never had a gun that day, and cannot understand why I was treated the way that I was, 12 nor can I understand why they should confiscate a firearm belonging to my mother. 13 1 declare under the penalty of perjury that the foregoing is true and correct. 14 Executed at Martinez, California July 11, 1995 15 16 17 Earl L. Heltsley. 18 19 20 21 22 23 24 25 26 27 28 -2- § 5150. Grounds for detention; Application When any person, as a result of mental disorder, is a danger to others, or to himself or herself; or gravely disabled, a peace officer, member of the attending staff as defined by regulation, of an evaluation facility designated by the county, designated members of a mobile crisis team provided by Section 5651.7, or other professional person designated by the county may,upon probable cause,take, or cause to be taken,the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation. Such facility shall require an application in writing stating the circumstances under which the person's condition was called to the attention of the officer, member of the attending stafK or professional person, and stating that the officer, member of the attending star or professional person has probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself or gravely disabled. If the probable cause is based on the statement of a person other than the officer,member of the attending stall; or professional person, such person shall be liable in a civil action for intentionally giving a statement which he or she knows to be false. LIONEL K.HVOLBOLL 1 Attorney at Law 35372 1237 Castro Street / 2 Martinez, CA 94553 (510) 228 8437 3 FAX (510) 228 5139 2 4 Attorney for: Respondents 5 Alberta J. Heltsley and 6 Earl L. Heltslley7/28/95 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, Case# C95 02580 11 Sheriff and Coroner of Contra Costa County, DECLARATION OF KI HELTSLEY 12 Petitioner, Date: August 10, 1995 Time: 10:-00 A.M. 13 Place: Dept. 12 14 vs. 15 Earl L. Heltsley, j\ 16 Respondent / 17 Lives in the two story home owned by Alberta Heltsley. My husband Earl, myself 18 Alberta, and Jaun Deleon are the only people in the house. My bedroom is upstairs. 19 1 was in bed upstairs when I awakened, and I looked out the window. I saw deputy 20 entering the court. This is a dead end street. Earl was already on his knees in front 21 ofdon't have gun. The next thing I saw was tone deputy unlatch the gate between our 22 house and the neighbor's house. The neighbors very seldom unlatch this gate. The other 23 four deputies, that had arrived just minutes after the first deputy, helped drag Earl down 24 the steps and beat the tar out of him. The window was open, Ki heard and saw the 25 Ambulance drive up and seen them put Earl on the gurney and forced a flashlight in your 26 mouth sideways. As they were loading him into the ambulance Earl said, How could you 27 do this to me? I know you. Ki then saw two deputies walk towards her house and then 28 -1- 1 which likewise refused service, stating that even though both offices were offices 2 of the sheriff, service had to be made on the deputy signing. After keeping an 3 appointment at the Veterans Administration Clinic, counsel then went to 1980 • 4 Muir Road, and told the receptionist-that he wished to serve the sheriff with an 5 Answer to the sheriff's Petition. Officer George J. Ward came to the desk and 6 accepted the Notice of Hearing and the Declarations of Earl and Alberta 7 Heltsley. 8 Officer Ward was asked for the documentation and list of witnesses, and whatever 9 else he might have to support the Sheriff's petition. He walked away in a terrible huff, 10 and hollered that this was a civil matter, that therefore counsel was not entitled to any 11 discovery. As though there were nothing like discovery in civil matters. Officer Ward's 12 conduct was most unprofessional, and counsel submits, totally incorrect, hence this ex 13 parte motion. 14 Counsel is informed by respondent that when respondent requested a copy of the 15 medical records pertaining to his incarceration in the mental hospital, that he was 16 informed that the records had been lost. He fuorther stated that the psychiatrist 17 examining him stated that there was nothing wrong with.him, but that he was proceeding 18 with the detention at the request of the sheriff,.This seems to be rather unusual. The 19 code seems to favor full disclosure to the inmate, consider the following:. 20 Such facility shall require an application in writing stating the 21 circumstances under which the person's condition was called to the attention of the officer, 22 23 "The documentation shall include detailed information regarding 24 the factual circumstances and observations constituting probable cause for the peace officer to believe that the individual required psychiatric 25 evaluation under the standards of Section 5105. 26 "§ 5152. Evaluation, treatment, and care; Release; Information on medication side effects 27 "(a) Each person admitted to a facility for 72-hour treatment and 28 evaluation under the provisions of this article shall receive an evaluation -2 LIONEL K.HVOLBOLL Attorney at Law 35372 1237 Castro Street 1 Martinez, CA 94553 510) 228 8437 2 FAX (510) 228 5139 1495 JUL2 ! P 12. 1 3 Attorney for: Respondents ,- Ll:�in L::'l.i:•�, 4 Alberta J. Heltsley and Earl L. Heltslley7/19/95 5 6 7 8 SUPERIOR COURT, STATE OF CALIFORNIA 9 COUNTY OF CONTRA COSTA 10 Warren E. Rupf, Case# C95 02580 11 Sheriff and Coroner of Contra Costa County, DECLARATION OF ALBERTA HELTSLEY 12 Petitioner, REQUESTING AFFIRMATIVE RELIEF 13 14 vs. 15 Earl L. Heltsley, 16 Respondent / 17 1 am the registered owner of the firearm confiscated by the sheriff of Contra Costa 18 County. I:request the Court to issue an Order directing the sheriff to return my weapon to 19 me. 20 Please refer to the original Petition by the Sheriff, referring to Section 8102 of the 21 Welfare and Institutions Code. My handgun should have been returned to me for the 22 failure of the person in charge of the facility to notify my son that there was a procedure 23 for the return of my property((b) second full paragraph), and a further breakdown in 24 procedure when more than ten days elapsed, and no proceedings had been 25 commenced, contrary to the requirements of(g). After the ten days had elapsed, I had 26 waited for them to contact me, which they had not done, so I telephoned the Sheriffs 27 28 -1- 1 Department, and spoke to an officer Beardsley. He informed me that my handgun would 2 not be returnled to me. 3 1 am the mother of the respondent, and request an Order from this Court relieving a him of any charge that he was, or presently is, in any kind of mental derangement. His 5 running for public office at any early age may reflect a certain amount of inexperience, s but it is not insane for a citizen of voting age to seek public office for which he considers 7 himself qualified. s The circumstances surrounding the incident here involved are as here stated: I 9 believe they show a severe over reaction by the sheriff, and for this reason, I consider to the actions of the sheriff's deputies, acting in the course and scope of their employment, 11 to have been at least overzealous. On June 1, 1995, my son and I were working at my 12 business, which is a doughnut shop, and we were making doughnuts. 13 At about 11:00 that evening, my son bent over to pick up a mixing bowl full of 14 dough. Somehow he sustained an injury to his lower back. He had difficulty in standing. I 15 had to call someone else to finish my son's shift. My son called me about 2:30, an hour 16 and a half after he had left the shop, to tell me that he had taken a hot bath, soaked his 17 back, and was going to bed. 18 When 1 arrived home at 5:00 A. M. My son was sitting on the edge of his bed, 19 rubbing his chest. I asked him what was wrong. He said he was having a problem 20 breathing, and that his chest itched. He replied to my inquiry, that I need not take him to 21 the emergency room, nor call a doctor, because he believed that he was only suffering 22 from an air bubble that would go away. He said that he had a glass of milk, and that he 23 had taken some codeine for his back pain 24 1 went to bed, and fell into a deep sleep, only to be awakened by my son knocking 25 on the door to my room. He was calling for help, "Mom, come help me!!" 26 When I saw him he was scratching his chest and arms. He was sweating. He said his 27 tongue felt swollen and that he felt as though there were bugs crawling all over him. 1 2s became hysterical because of the condition of my son. I felt that the only thing to do was -2- 1 to call 911, to get an ambulance. Our phone failed d to function, so I went to our 2 neighbor's home and used their phone. I was told that a firetruck an ambulance and the 3 police were on their way, and that I should go home and stay there until they arrived. a The response was very quick. I left my neighbor's house, my son was coming across the s lawn to say we should drive to emergency, When the sheriff's deputies arrived. . s My son was not carrying any weapon, and was not armed in any way. He had not 7 threatened me. He kneeled in the middle of the street and put his hands behind his a head. He said, "Please don't hurt me, I feel ill." Immediately he was set upon by five or 9 six deputies. To the best of my knowledge their attack was totally unjustified. io They all struggled with each other to get a chance to strike my son, who was all the time » pleading not to be hurt. I heard from a witness that one of the deputies hurt his knee 12 when one of the other deputies fell on him. 93 My son was handcuffed so tightly that he still shows bruises from this incident. In 14 addition his face was injured when he was dragged down the concrete steps. He is sustained permanent nerve damage to his right thumb and hand. He has deep scars on 16 his ankles from having been shackled. His teeth were chipped. He underwent a very 17 traumatic experience! 18 1 acknowledge that where there is an insane person armed with a weapon that the 19 authorities have the right to enter without any warrant and confiscate weapons. I dispute 20 that there was any insanity involved in my son's case. He did not put up any resistance, 21 he only begged for mercy. He was suffering an allergic reaction to the codeine that he 22 took to relieve the pain in his back. Nevertheless, the deputies stormed into my home 23 without any warrant, when there was no emergency, when my son was already in their 24 custody, and confiscated my .357 Smith and Wesson handgun, registered to me. They 25 did not give me a receipt for this property 26 The position of the Petitioner is that my son was subject to the provisions of 27 Section 5150 of the Health and Institutions Code. I disagree, and so did the doctor who 28 examined him. I disagree that there was any mental disorder involved, that he was a -3- 1 danger to either himself or to others, I further disagree that there was any probable 2 cause for any of the activities of the deputies involved in this incident. 3 There is nothing wrong with my son's brain, he is a graduate of St. Mary's college 4 in History and has a bachelor of arts degree in psychology from New York University. s He was a reserve officer for the sheriffs department for four years. He was an Explorer 6 for five years before joining the sheriff's department. He helps me manage my business 7 He ran for County Supervisor in 1994, and I feel that this political activity may be the 8 basis for the action by the sheriff's department. 9 My prayer to this court is to order the immediate return of my .357 Smith and 10 Wesson handgun, held by the petitioner, and (2) to issue an order stating that the 11 provisions of section 5150 of the Welfare and Institutions Code do not apply to my son. 12 There are no small children in my home, and 1 am alone most nights. I feel that I 13 need my handgun for protection, I would feel much safer if I had it in my possession. This 14 firearm has never been used in any crime. Neither my son nor I have any criminal record 15 whatsoever. I, as a witness to what happened, feel that a grave injustice has been 16 committed, which could be partially amended by the relief which I am requesting. 17 18 I declare under the penalty of perjury that the foregoing is true and correct. 19 Executed rat Martinez, California on July 11, 1995. 20 Alberta J. Heltsley 21 22 23 24 25 26 27 28 t §8102. Confiscation of firearm in possession of mental patient; Disposition; Hearing (a)Whenever a person,who has been detained or apprehended for examination of his or her mental condition or who is a person described in Section 8100 or 8103,is found to own,have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly weapon,the firearm or other deadly weapon shall be confiscated by any law enforcement agency or peace officer,who shall retain custody of the firearm or other deadly weapon. "Deadly weapon," as used in this section,has the meaning prescribed by Section 8100. (b) Upon confiscation of any firearm or other deadly weapon from a person who has been detained or apprehended for examination of his or her mental condition, the peace officer or law enforcement agency shall notify the person of the procedure for the return of any firearm or other deadly weapon which has been confiscated. Where the person is released , the professional person in charge of the facility, or his or her designee, shall notify the person of the procedure for the return of any firearm or other deadly weapon which may have been confiscated. Health facility personnel shall notify the confiscating law enforcement agency upon release of the detained person, and shall make a notation to the effect that the facility provided the required notice to the person regarding the procedure to obtain return of any confiscated firearm (c)Upon the release of a person as described in subdivision(b),the confiscating law enforcement agency shall have 10 days, unless good cause is shown, to initiate a petition in the superior court for a hearing to determine whether the return of a firearm or other deadly weapon would be likely to result in endangering the person or others, and to send a notice advising the person of his or her right to a hearing on this issue. (d) The law enforcement agency shall inform the person that he or she has 30 days to respond to the court clerk to confirm his or her desire for a hearing, and that the failure to respond will result in a default order forfeiting the confiscated firearm or weapon. For the purpose of this subdivision, the person's last known address shall be the address provided to the law enforcement officer by the person at the time of the person's detention or apprehension. (e) If the person responds and requests a hearing, the court clerk shall set a hearing, no later than 30 days from receipt of the request. The court clerk shall notify the person and the district attorney of the date, time, and place of the hearing. (f) If the person does not respond within 30 days of the notice, the law enforcement agency may file a petition for order of default. (g) If the law enforcement agency does not initiate proceedings within the 10-day period, it shall make the weapon available for return. 1 c1 CLAIM C BOARD OF SUPERVISORS OF CONTRA' COSTA COUNTY, CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $150,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Michael V. Novo ATTORNEY: Richard A. Littorno Date received ADDRESS: 2980 Railroad Ave. BY DELIVERY TO CLERK ON October 2, 1995 Pittsburg, CA 94565-5271 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, r PPHHIL BATCHELOR, Clerk DATED: October 3, 1995 BY: Deputy II. 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 O� edu&D hCdD�� G✓J 4y aA4 e W MLUjk mi_ �1CQ r kS yA 5 r �/� /� , Dated: y 3 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) (/ Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present V) 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: /L 7 HIL 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: //— —/q5'S' BY: PHIL BATCHELOR by /�kd_J�7puty Clerk CC: County Counsel County Administrator 50MM OF SUPERVISORS OF CONTRA COSTA OQUNTY INSTRUCTIONS 70 CLAIKkW A. Clai.:s 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 gm%,dng crops and utich 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 Ro= 1061 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 Se^.. 72 at the end of this dor-. 01 If 6 • e e e 0 RE: Claim By ) Reserved for Clerk's filing stamp MICHAEL V. NOVO dba ) lia- RECEIVE® V&M CONSTRUCTION/BACKHOE ) Against the County of Contra Costa ) � - 2 1995 or ) FLOOD CONTROL & WATERCONSERV, ifTp1SCt) CSR BOARD-CONTRA�QS AC©SUPERVISORS Fi 1 in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 15 0 0 0 0 . 0 0 and in support of this claim represents as follows: 1. When did the damage or injury occur? *(Give exact date and hour) Between Ma 17 1994 (bid opening date and t date. 2. Where did the damage or injury occur? (Include city and county) S�attached Exhibit"A" 3. Hou did the damage or injury occur? (Give full details; use extra paper if required) See attached Exhibit "A" 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See attached Exhibit "A" 5, wnai are the names of county or district officers, servants or employees causing the dairaae or injury? Teri Rei , Joseph P. Murphy and J.- Michael Walford 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. See attached Exhibit "A" 7. How was the amount claimed above or-mg ed? (Include the estimated amount of any prospective injury or damage.) See attached Exhibit "A" $. ?dames and addresses of witnesses, doctors and hospitals. N/A 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT See attached Exhibit "A" � i * R � IF iF iF iF .* # i 1F iF Ir � it 1F -s 11.!t � !t � �! � 1t M i6 i it it * A IF � • iF if It iF it Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or on his behalf." Name and Address of Attorney Richard A. Littorno r Law Offices of Richard A. Littorno r laimant's ignature 2980 Railroad Avenue Pittsburg, CA 94565-5271 Address. Telepbone No. 432-47 1 Telephone No. �t • �ts +t � � 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 suoh impriso-u-jent and fine. 1 RICHARD A. LITTORNO #115037 ATTORNEY AT LAW 2 2980 Railroad Avenue Pittsburg CA 94565 3 Telephone : (510) 432-4731 Facsimile: (510) 432-0878 4 Attorney for Plaintiff 5 MICHAEL V. NOVO, dba V & M CONSTRUCTION/BACKHOE 6 7 8 9 MICHAEL V. NOVO, dba V & M CONSTRUCTION/BACKHOE 10 CLAIM FOR Plaintiff, BREACH OF CONTRACT, 11 DECLARATION RELIEF AND COMMON COUNTS 12 vs . 13 CONTRA COSTA COUNTY FLOOD CONTROL 14 AND WATER CONSERVATION DISTRICT, and DOES 1 through 100, inclusive, 15 Defendants . 16 / 17 Plaintiff alleges against all defendants as follows : 18 FIRST CAUSE OF ACTION 19 (Breach of Contract) 20 1 . Plaintiff MICHAEL V. NOVO, dba V & M CONSTRUCTION/BACKHOE 21 is, and at all times herein mentioned was, duly licensed by the 22 Contractors ' State License Board of the State of California to 23 conduct business as a general engineering contractor, license 24 number 397350, within this State and to engage in the work 25 hereinafter described. 26 27 28 1 EXHIBIT "A" 1 2 . Defendant Contra Costa County Flood Control and Water 2 Conservation District (hereafter "CONTRA COSTA COUNTY" ) is, and at 3 all times herein mentioned was, a political subdivision existing 4 under the laws of the State of California. 5 3 . Plaintiff is ignorant of the true names and capacities of 6 defendants sued herein as DOES 1 through 100, inclusive, and 7 therefore sues these defendants by such fictitious names . 8 Plaintiff will amend this Complaint to allege their true names and 9 capacities when ascertained. 10 4 . Plaintiff is informed and believes that each defendant 11 herein is an agent and employee ' of each of their co-defendants, 12 including but not limited to CONTRA COSTA COUNTY, and each of them 13 proximately caused plaintiff ' s damages as herein alleged while 14 acting in such capacity of agency and/or employment . 15 5 . On or about June 21, 1994, the (Contra Costa County) Board 16 of Supervisors, as the governing body of defendant CONTRA COSTA 17 COUNTY awarded a written contract to plaintiff based on plaintiff ' s .18 bid as the "lowest responsive and responsible bid" in which 19 plaintiff agreed to provide all labor and materials and to 20 construct certain storm drain pipes, drainage inlets, manholes and 21 other improvements for the project known as Drainage Area 40A Storm 22 Drain Improvements, Martinez, Area, Project No. 7565-608420-93 23 (hereinafter "the Project" ) , situated in and adjacent to the City 24 of Martinez, Contra Costa County, California. 25 6 . Defendant agreed to pay plaintiff the total initial sum of 26 $407, 168 . 00 in progress payments more or less, in accordance with 27 finished quantities at unit prices, for plaintiff ' s performance 28 2 1 under the Contract . A copy of the Contract together with the 2 pertinent plans and specifications is attached to and incorporated 3 into this Complaint as Exhibit A (hereinafter "the Contract") . 4 7 . Commencing on August 2 ,. 1994, and repeatedly at various 5 times thereafter, plaintiff and subcontractors of plaintiff were 6 directed by Teri Rei, Resident Engineer, and other representatives 7 of defendant (CONTRA COSTA COUNTY) to perform so-called "Extra 8 Work" neither specified nor originally contemplated under the 9 Contract . 10 8 . Pursuant to these numerous directions and in a cooperative 11 spirit, plaintiff and plaintiff ' s subcontractors, in good faith, 12 diligently performed this Extra Work. 13 9 . Defendant CONTRA COSTA COUNTY also required and insisted 14 that plaintiff deviate in numerous material respects from the plans 15 and specifications incorporated into the Contract . Plaintiff and 16 plaintiff ' s subcontractors encountered many differences, 17 inaccuracies and discrepancies between the plans and specifications 18 in the Contract and the conditions present at the respective job 19 sites in the Project . These differences, inaccuracies and 20 discrepancies required many changes in the scope and character of 21 the work required at the Project, necessitating much extra labor, 22 services and materials to be furnished by plaintiff, and which were 23 actually furnished and used in said construction of the 24 improvements described herein, whereby the cost of said 25 improvements was substantially increased. All of said Extra Work 26 and materials were furnished and supplied by plaintiff at the 27 special insistence and request of defendants, and each of them. 28 3. 1 10 . Plaintiff has performed all conditions, covenants, and 2 promises under the Contract required to be performed on his part, 3 with the exception of those conditions, covenants and promises 4 under said Contract which it is excused from performing. Defendant 5 has wrongfully withheld payments earned both under the initial 6 Contract terms and for Extra Work thereunder. 7 11 . On or about August 2 , 1994, defendant breached the 8 Contract by, among other things, failing to timely furnish 9 accurate and sufficiently detailed plans and specifications to 10 plaintiff; failing to make prompt decisions regarding 11 interpretation and modifications of plans and specifications; 12 requiring unreasonable time in making inspections in connection 13 with the work in progress; failing to deploy experienced and 14 competent personnel to make inspections of and otherwise direct the 15 work in progress; failing to approve materials to be used in the 16 Project within a reasonable time; failing to accept or timely 17 accept certain improvements upon completion; demanding from 18 plaintiff certain Extra Work on numerous items not specified under 19 the Contract without compensating plaintiff therefor as promised; 20 failing to properly add additional work days to the Contract as 21 necessitated by inclement weather, right-of-way delays, 22 misidentified or unidentified utility and other lines and 23 structures, appropriate time for plaintiff ' s mobilization and 24 remobilization due to delays beyond plaintiff ' s control and/or 25 unforseen to all parties; and certain other wrongful acts and 26 omissions to be specified according to proof . 27 28 4 1 12 . As a result of defendant ' s breach of the Contract, 2 plaintiff has suffered damages in an amount according to proof at 3 trial . 4 13 . On or about April 14, 1995, and at other times 5 thereafter, plaintiff made demand on defendant CONTRA COSTA COUNTY 6 for the payment of his total damages as set forth herein, but, 7 despite assurances to the contrary, defendant has failed and 8 refused and still fails and refuses to pay the sum, and the whole 9 sum remains due, owing, and unpaid. 10 WHEREFORE, plaintiff prays for judgment against defendants, 11 and each of them, as hereinafter set forth. 12 SECOND CAUSE OF ACTION 13 (Declaratory Relief) 14 Plaintiff alleges against all defendants : 15 14 . Plaintiff incorporates by reference paragraphs 1 through 16 13 , inclusive, as though fully set forth herein. 17 15 . Plaintiff alleges on information and belief that the 18 damages described herein are the result of the CONTRA COSTA 19 COUNTY' S refusal to recognize plaintiff ' s regular work under the 20 Contract and requested Extra Work or by other conduct as yet 21 unknown to plaintiff . 22 16 . An actual controversy has arisen and now exists between 23 plaintiff and all defendants concerning their respective rights and 24 duties under the above-described .Contract and for Extra Work claims 25 in that plaintiff contends the above-described claims are valid and 26 plaintiff is entitled to both regular and additional compensation 27 under the terms of the Contract, and for recognition that the 28 5 1 Project is complete, whereas defendant CONTRA COSTA COUNTY has 2 denied plaintiff ' s claims and contends that no further compensation 3 is due to plaintiff . 4 17 . Plaintiff desires a judicial determination of his rights 5 and duties and a declaration as to which party' s interpretation of 6 the Contract and Extra Work claims is correct . 7 18 . A judicial declaration .is necessary and appropriate at 8 this time under the circumstances in order that plaintiff may 9 ascertain his rights and duties under the Contract . Until these 10 rights and duties are determined, plaintiff will be unable to 11 determine whether or not he is entitled to compensation for both 12 regular and "Extra Work" under the Contract from defendant CONTRA 13 COSTA COUNTY and/or other defendants and whether or not the Project 14 is complete . 15 WHEREFORE, plaintiff prays, for judgment against defendants, 16 and each of them, as hereinafter set forth. 17 THIRD CAUSE OF ACTION 18 (Common Counts) 19 Plaintiff alleges against all: defendants : 20 21 19 . Plaintiff hereby incorporates by reference paragraphs 1 22 through 18 , inclusive, as though fully set forth herein. 23 20 . Within the last two years plaintiff furnished work and 24 materials at the special insistence and request of defendants, and 25 each of them, and for which the amount of approximately $150, 000 . 00 26 is presently due and owing for said furnished work and materials . 27 Although repeated demands have been made on said defendants for 28 6 1 payment of this sum, nothing has been paid on said balance of 2 indebtedness and the sum of $15.0, 000 .00 plus interest at the legal 3 rate from and after April 14,. 1995, is now due and owing from 4 defendants, and each of them, to plaintiff . 5 WHEREFORE, plaintiff prays judgment against defendants, and 6 each of them, as hereinafter set forth: 7 PRAYER 8 FIRST AND THIRD CAUSES OF ACTION: 9 1 . For general damages in a sum in excess of the 10 jurisdictional requirements of this Court and according to proof; 11 2 . For prejudgment interest at the legal rate of ten percent 12 (100) per annum according to proof; 13 3 . For special damages in an amount according to proof; 14 4 . For costs of suit herein incurred; 15 5 . For additional damages for defendant ' s failure to 16 compensate plaintiff for all Extra Work performed by him on the 17 project in a sum according to proof; 18 6 . For reasonable attorney' s fees; and, 19 7 . For such other and further relief as this Court may deem 20 just and proper. 21 SECOND CAUSE OF ACTION: 22 1 . For declaration by this Court of the respective rights and 23 duties of the parties under the Contract at issue herein, 24 including, but not limited to, plaintiff ' s claims for regular 25 compensation and compensation for Extra Work under the Contract, 26 and for a declaration that the Project is complete . 27 2 . For costs of suit herein incurred; and, 28 7 1 3 . For such other and further relief as this Court may deem 2 just and proper. 3 4 Dated: 1995 5 6 LAW OFFICES OF RICHARD A. LITTORNO 7 8 9 by. RXCHAO A. LITTORNO 10 Att ney for Plaintiff MICHAEL V. NOVO, dba 11 V & M CONSTRUCTION/BACKHOE 12 13 novo. com 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 EXHIBIT "A" CONTRACT (Contra Costa County Standard Form Construction Agreement) 1. SPECIAL TERMS. Thew special terms are incorporated below by reference. (Sec Secs.2,3) Parties: Public Agency--Contra Costa County Flood Control and Water Conservation District Contractor--V&M Construction/Backhoc Effective Date: July 6,1994 (Sec Section 4 for starting date.) (Sec Sec.3) Project Name,Number and Location: Drainage Arca 40A Storm Drain Improvements,Project No.7565-6D8420-93; located in the Mountain View arca of Martinez. Tlrc work consists of installing storm drain pipes, drainage inlets and manholes all in accordance with the Plans, Drawings,Special Provisions and/or Specifications prepared by or for the Chief Engineer and in accordance with the accepted Bid Proposal. (Sec Sec.4) Completion Time: Within 65 working days from starling date. (Sec Sec.5) Liquidated Damages: $500.00 per calendar day. (Sec Sec.6) Public Agency's Agent: Chief Engineer (See Sec.7) Contract Price: $407,168.00 more or less,in accordance with finished quantities at unit bid prices. (Sec Sec.8) Federal Taxpayer's I.D.or Social Security No. 9-1 2?2bLn5 S 2. SIGNATURES&ACKNOWIX-DGEMENT. �j� Public Agency,By: - `i"w J.Michael Watford, Chief Engineer Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law, Y: V C7 a.9 nA Q.2 (Designate official capacity in the business) By, (Designate official capacity in the business) Note to Contractor: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice president; the second signature must be that of the secretary,assistant secretary,chief financial officer or a5511star.t treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.) 11re acknowledgment below must be signed by a Notary Public. CERIIUCATE OF ACKNOWLEDGMENT State of California ) ss. County of On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Contractor,personally known to me(or proved to me on(tte basis of satisfactory evidence)to be the person(s)whose names)is/arc subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in his/her/their authorized capacity(ics),and that by his/licr/their signaturc(s)on the instrument the person(s),or the cntily upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Datcd: (Notary's Seal) (Notary Public) (Page 1 of 4) 3. WORK CONTRACT,Ci-1ANGES. (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS. (b) Contractor shall,at his own cost and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and will furnish all materials,labor,services and transportation necessary,convenient and proper in order fairly to perform the requirements of this contract,all strictly in accordance with (tic Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal. (c) 'Tare work can be changed only with Public Agency's prior written order specifying such change and its cost agrccd to by the parties;and the Public Agency shall never have to pay more than specified in Section 7,PAYW-Mr,without such an order. 4. TIME; NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TFd2MS. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time[iced therefor,allowance being made for contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,SPECIAL 1i:KMS, the result of the parties'reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paid,Public Agency may,in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay,suspension of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non- completion or delay hereunder. Pursuant to Government Code Section 4215,the Contractor shall not be assessed liquidated dainagcs for delay in completion of the work,when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans,drawings and specifications or special provisions of the Public Agency's call for bids,and Contractor's accepted bid for this work arc hereby incorporated into this contract;and they arc intended to cooperate,so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions,or vice versa, is to be executed as if exhibited,mentioned and set forth in both,to the true intent and meaning thereof when taken all together;and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified.in Section 1,SPECiALTERMS. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all this work,the Public Agency shall pay the Contractor the sum specified in Section 1,SPECIAL TM MS,except that in unit price contracts that payment shall be for finished quantities at unit bid prices. (b) On or about the first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month, as determined by Public Agency,minus 10%thereof pursuant to Public Contract Code Section 9203,but not until defective work and materials have been removed,replaced,and made good. 8. PAYMENTS Wi11-i1-iELD. (a) The Public Agency or its Agent may withhold any payment,or beciusc of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable riling,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which arc not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (Page 2 of 4) (c) 35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site,and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code Secs.1860-61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer, or (3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers'Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties, in amount(s)specified in the specifications or special provisions,guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11, FAILURE TO PERFORM. If the Contractor at any time refuses or neglects,without fault of the Public Agency or its agent(s),to supply sufficient materials or workmen to complete this agreement and work as providcd herein,for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state and local laws and regulations,especially Chapter 1 of Part 7 of the California Labor Code(beginning with Section 1720,and including Sections 1735,1777.5,and 1777.6 forbidding discrimination)and intend that this agreement complies therewith. 'Ilse panics specifically stipulate that the relevant penalties and forfeitures provide(]in the i—Iimr Code, especially in Sections 1775 and 1813,concerning prevailing wages and hours,shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 arc incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rates of wages per diem,and for holiday and overtime work, in the locality in which this work is to be performed,for each craft, classification,or type of workman needed to execute this contract,and said rates arc as specified in the call for bids for this work and arc on file with the Public Agency,and arc hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours arc worked,the daily wage rate is proportionately reduced,but the hourly rate remains as stated. (c) The Contractor,and all his subcontractors,must pay at lead these rates to all persons of this work,including all travel,subsistence,and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft,classification or type of work(except executive,supervisory,administrative,clerical or other non-manual workers as such)for which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. I IOURS OF LABOR. Eight hours of labor in one calendar day einstitutes a legal day's work,and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6,forbidding discrimination. (Page 3.of 4) 17. PREI^T.-,RENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa county,and the Contractor therefore promises to use the products,workmen,laborers and mechanics of this Comity in every case where the price,fitness and quality arc equal. 18. ASSIGNMENT. The agrccmcnt binds the heirs,successors,assigns,and representatives of the Contractor,but lie cannot assign it in whole or in part, nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection oftheworkand/ormatcrials,orapprovalofworkand/or materials inspected,orstatcmcnt by any officer,agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor, or any combination of these acts,shall not relieve the Contractor of his obligation to fulfill this contract as prescribed;nor shall the Public Agency be thereby estopped front bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise arc the Public Agency and its elective and appointive boards,commissions,officers, agents and employees. (c) The liabilities protected against arc any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,including personal injury,death,property damage,inverse condemnation,or any combination of these,regardless of whcthcr or not such liability,claim or damage was unforeseeable at any time completed,and including the defense of any suit(s)or action(s)at law or equity concerning these. (d) Tltc actions causing liability are any act or omission(negligent or non-ncgligcnt)in connection with the matters covered by this contract and attributable to the contractor,subcontractor(s),or any officer(s),agcnt(s)or cmploycc(s)of one or more of them. (e) Non-Conditions: Tltc promise and agreement in this section is not conditional or dependent on whet her or not any indcmnitcc has prepared, supplied,or approved any plan(s),drawing(s),spccification(s)or special provision(s)in connection with this work,has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indcmnitcc. 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705,if applicable,by submitting to Public Agcncy a detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. 22. RECORD RETENTION. Except for records delivered to Public Agency,Contractor shall retain,for a period of at least five years after Contractor's receipt of the final payment under this contract,all records prepared in the performance of this contract or otherwise pertaining to the work,including without limitation bidding,financial and payroll records. Upon request by Public Agency,Contractor shall make such records available to Public Agency,or to authorized representatives of the state and federal governments,at no additional charge and without restriction or limitation on their usc. 23. CONFLICT WITH BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor, then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. \tt FORM APPROVED by County Counsel. (CC-1;Rev.2-92) C\wp51\WORK0A40A.CNT (Page 4 of 4) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of CONTRA COSTA On JULY 5. 1994 before me, SANDRA M. ALVARENGA, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-EIG.JANE DOE, NOTARY PUBLIC personally appeared MICHAEL V. NOVO NAME(S)OF SIGNER(S) ® Personally known to me- OR- ❑ Proved to me on the basis of satisfactory evidence to be.the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or SANDRA M. ALVARENGA the-entity upon behalf of which the person(s) acted, executed FL ��� _ COMM. 0895297 m the instrument. ( _ NO i ARY PUBLIC-CALIFORNIA -u CONTRA COSTA COUNTY My comm.Expires Oct. 16. ossa WITNESS my hand and official seal. SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE FINAL BOND—PERFORMANCE/PAYMENT TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES (N OTHER: OWNER July 6, 1994 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) V & M CONSTRUCTION/BACKHOE SIGNERS) OTHER THAN NAMED ABOVE CLAIM Lig o'Z-J �p BOARD OF SUPERVISORS OF 'COINTRA COSTA,COUNTY, CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1,000,000.00 Section 913 and 915.4. Please note all CLAIMANT:Andrew Bryan Rucker ATTORNEY: Daniel A. Muller Date received ,WAVY C()U14 L ADDRESS: P.O. Box 218 BY DELIVERY TO CLERK ON Octobgqrp5 Danville, CA 94526 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 9, 1995 JdIL ELOR, Clerk gATCH: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). (� Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( 0ther:C 1LVA +1 KAS- 0_&)k 6V-CJ 64/e-1-41 OCCUYfl v► W J-RX%vA .0�x a tM4u5 V. . 6.iw, i s Ia_t2 Clio 4y en r Q04s genet Pak vL-4-s 0..,d cla i►1060 kw Dated: o —I — 9 S BY; Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) (v*') Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (v"') This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By �, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 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 puty Clerk CC: County Counsel County Administrator C,a-;- to: BOARD OF SUPERVISORS bF 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 5911.2.) 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• Wflor 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 RF: Claim By ) Reserved for Clerk's filing stamp ANDREW BRYAN RUCKER RECEIVED Against the County of Contra Costa ) OCT - 6 1 or ) ARD OF SUPEjm� District) CLERK RA COSTA CO Fill in name ) �2 ss :The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1 , 000 , 000 and in support of .-this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) On several occasions between 3/18/95 and 4/11/95 2. Where did the damage or injury occur? (Include city and county) a. Blackhawk Police Station, 1092 Eagle Nest Place, Danville, CA 94506 b. 5211 Blackhawk Drive, Danville, CA 94506 c. other locations in the community known as Blackhawk 3. How did the damage or injury occur? (Give full details; use extra paper if required) (SEE- ATTACHMENT) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (SEE ATTACHMENT) �. wnat are the names of county or district officers, servants or employees causing the damage or Injury? Lt. Gary Hall and Contra Costa County Sheriff ' s Department ` 5. What damage or injuries do you claim resulted? (Give Hill extent of injuries or damages claimed. Attach two estimates for auto damage. Violation of Constitutional rights of privacy, right to counsel, and prohibitions against unreasonable search and seizure. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Estimate 6. Names and addresses of witnesses, doctors and hospitals. Brad &.°..Drew Rucker Kent G. Blair Dawn Johnson. 2323 Saddleback Drive 632 Hartley Drive 291 Acacia Lane Danville, CA 94506 Danville, CA 94526 Alamo, CA 94507 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 NOTICESJ,TO: (Atto_rne ) or by sorrA person on his behalf." Name and Address of Attorney DANIEL A. MULLER Gagen, McCoy, McMahon & Armst ong Claimant's Signature 279 Front Street, P. O. Box 2. 8 - on behalf of in Pro Per Claimant Danville, -CA 94526 2323 Saddleback Drive Address Danville, CA 94506 Telephone No. (510) 8370585 Tele::-.one No. 831-9263 N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, .city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonr)ent and fine. Page 2 ATTACHMENT: Claim to: Board of Supervisors of Contra Costa County 3. While investigating a series of residential garage burglaries, County Sheriff's Lt. Gary Hall violated claimant's constitutional civil rights by interrogating claimant without properly advising claimant of his Miranda rights, by coercing confessions and otherwise inculpatory statements from claimant by various means, including threatening to ensure claimant would receive jail time if he failed to confess or identify other individuals, threatening to perform drug tests without basis, and making false representations regarding charges to be filed by the District Attorney, and false promises of leniency. Claimant's right to counsel was violated by Lt. Hall when Lt. Hall ignored claimant's request . for counsel and threatened to arrest claimant if he did not "cooperate." Deputy Hall also used coercion to violate claimant's privacy rights when he, his wife, and other deputies used claimant's parents' home for purposes of meeting with and interviewing other suspects and their families. 4. See #3 above. The above-described violations of claimant's rights were directly caused by the County Sheriff Department's failure to sufficiently train or otherwise supervise the aforementioned county employees. Furthermore, the acts of the deputies exhibit a pattern which demonstrates a custom or policy of the county to allow such violations. 1 Declaration of Personal Service 2 I, the undersigned, declare: 3 That I am a citizen of the United States, over the age of eighteen years, and not a party to the foregoing action; that my 4 business address is 279 Front Street, Danville, California. 5 That on October 6, 1995 I personally served copies of the within CLAIM on: 6 r 7 Clerk Board of Supervisors 8 Room 106 County Administration Building 9 651 Pine Street Martinez, CA 94553 10 11 I declare under penalty of perjury that the foregoing is true and correct. 12 13 Executed October 6, 1995 at Danville, CA 14 15 16 Mary riner 17 18 I19 20 21 22 123 24 25 26 -1- 1 CLAIM ^ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 142 November 7 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your Claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please nll. CLAIMANT: Diane Thias Simpson C� , 0 CT - 4 1995 ATTORNEY: Michael D. Simpson Date received CALIF.S. ADDRESS: 3801 University Ave. , Ste. 680 BY DELIVERY TO CLERK ON October Riverside, CA 92501 BY MAIL POSTMARKED: September 28, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: October 3, 1995 �b: Deputy .�.�� II. FROM: County Counsel TO: Clerk of the Board of Supervisors (" This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 0 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ` ll- 7- / 9 �S PHIL BATCHELOR, Clerk, By. , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was 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. R Dated: //- — I9 9S BY: PHIL BATCHELOR byJA�& Li4A�Deputy Clerk CC: County Counsel County Administrator 1 MICHAEL D. SIMPSON #106601 Attorney at Law DECEIVED 2 3801 University Avenue, Suite 680 3 Riverside, CA 92501 OCT — 2 1995 (909) 784-0351 4 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 5 Attorney for Claimant, DIANE THIAS SIMPSON 6 7 8 9 10 Claim of: ) CLAIM FOR PERSONAL INJURIES 11 DIANE THIAS SIMPSON ) [Government Code § 910] 12 Claimant, ) 13 vs. ) 14 COUNTY OF CONTRA COSTA ) 15 Respondent, ) 16 ) 17 18 TO THE CLERK OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF 19 CONTRA COSTA AND TO THE LEGAL REPRESENTATIVES THEREOF: 20 YOU ARE HEREBY NOTIFIED that Diane Thias Simpson, whose date of birth is 21 October 13, 1933, and whose address is 739 Spring Drive, Walnut Creek, California, 22 claims damages from the County of Contra Costa in an amount that has not yet been 23 ascertained, but which is presently expected to remain within the jurisdiction of the 24 Municipal Court. 25 -This claim is based upon personal injuries and property damage sustained by the 26 claimant on or about July 27, 1995, at or about 9:00 a.m., at the intersection of First 27 Street and Mount Diablo Boulevard, in the City of Lafayette, County of Contra Costa, 28 under the following circumstances: 1 Claimant, Diane Thias Simpson, at the time and place mentioned above, was the 2 driver of a passenger vehicle proceeding southbound on First Street when her 3 automobile was broadsided by that vehicle driven eastbound on Mount Diablo Boulevard 4 at the time by a Ms. Terese Florette Hammett of the Contra Costa Sanitary District. 5 Claimant is informed and believes that Ms. Hammett was acting in the course and 6 scope of her employment with the County of Contra Costa at the time of the subject 7 occurrence, and that the vehicle that she was driving at the time of the accident was 8 owned by, and under the management and control of the County of Contra Costa, and 9 that the County of Contra Costa, and that the County of contra Costa is therefore legally 10 responsible for the manner and safety with which said vehicle should be operated. 11 Claimant further contends that her injuries and damages are the proximate result 12 of the conduct of the County of Contra Costa, and/or its employees or other persons 13 driving its vehicles with consent, in creating a dangerous condition at the time and place 14 mentioned above b negligently, careless) and reckless) operating a County-owned Y Y� Y p 9 Y 15 vehicle in such a manner as to cause it to collide with claimant's vehicle, thus 16 proximately causing said injuries and damages. 17 The names of any other County employees that may.have caused or contributed 18 to claimant's injuries and damages under the described circumstances are not presently 19 known. 20 The injuries sustained by claimant, as far as is known at the present date, consist 21 of multiple internal and external physical injuries, all of which have caused and will 22 continue to cause severe discomfort, disability, medical expenses and loss of earning 23 capacity to claimant. 24 Other damages sustained by claimant include, but are not necessarily limited to 25 property damage to claimant's automobile in an amount exceeding $8,300.00. 26 The only known witnesses to the events giving rise to the instant claim are those 27 listed on Traffic Collision Report No. 95-20710, a copy of which has been attached 28 hereto and incorporated by this reference herein. 2 1 All notices or other communications regarding this claim should be directed to the. 2 following pending further notice: 3 Michael D. Simpson 4 3801 University Avenue, Suite 680 5 Riverside, CA 92501- (909) 784-0351 6 7 Dated: September 28, 1995 8 Michael D. Simpson Attorney for Claimant, 9 DIANE THIAS SIMPSON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 flit •�s= �s� � : . . .. .. .::7o OA �eAION nEi+OAt-Aep..•y o.engO.Only 1t OtKntr ah►eMe WAA*,r 20 71 'titcutco•,atwtt sAw COSTA o yo °' ` mA ulrlt ala TtlO A>•A► O� •r���r Aa� ^� 9 ' �A. IPO ^r 8 Y T W 9 rti PANir OIFUr•S t • � q�. AY1N•OW. �1Ys® f c OA..4o .�.. t �' to .�I► .� �;RAS � .� .a.w its GW%" ttAlltrtA WAr tgtlt• f aK Sz ! au rnwa vt • �-�'�' Sp �4DAtT' � O •• PA� Mf, orAl3t0 6c V4• r Ir naan•AIAr. trtAo• pill G t1ArA•ts �o C •Avs Awr A t I.OIk * 1Ar" Ai" t r C t7Trt•rA y nru •Cu bit raAvu tw M•IMAr tlt/f. •� O -s olwt �1 r�xe� t kr- AV YrI C p PAr a• IS A94waw ioon00 /Y S. I"" A . is 0 o Aa.Ys .AIT•O. 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IA.u1JUAtA rte. *AT *.� •tv1A M� a. re; rte. v.� 7�2 D ..4.. . _. .._ ZO/Z0'd £09# Wd9b:ZT TT-60'S66T OTSZb84606T: 01 £98 Saxos-lIFJW: WONA 1 PROOF OF SERVICE BY MAIL 2 3 STATE OF CALIFORNIA 4 COUNTY OF RIVERSIDE 5 6 1 am employed in the County of Riverside, State of California. 7 1 am over the age of 18 years and not a party to the within action; my business address 8 is 3801 University Avenue, Suite 680, Riverside, California. 9 10 On September 28, 1995, 1 served the document(s) described as: 11 CLAIM FOR PERSONAL/NJURfES jG©vernment Code§9101 12 13 on interested parties in this action by placing the original or a true copy thereof enclosed a 14 sealed envelope with postage thereon fully prepaid in the United States mail at Riverside, 15 California 92501,,addressed as follows: 16 CLERK OF THE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 17 651 PINE ST. 18 MARTINEZ, CA 94553 19 1 am "readily familiar"with the firm's practice of collection and processing 20 correspondence for mailing. Under that practice it would be deposited with U.S. postal service 21 on that same day with postage thereon fully prepared at Riverside, California in the ordinary 22 course of business. I am aware that on motion of the party served, service is presumed invalid if 23 postal cancellation date or postage meter date is more than one day after the date of deposit for 24 mailing in affidavit. 25 1 declare under penalty of perjury that the foregoing is true and correct. Executed on 26 September 28, 1995, at Riverside, California. 27 28 CATH GOLDEN 4 Z Vil 00 (t Q � O ro ro � nN. rH •� a tSi tD O tz ro co t -r3 ' 4q 4Li Q X11 r+' `f tp ao Ul F-3 N 7-2 q¢ll X11 ► AMENDED C L A I M C *,;L, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA November 7, 1995 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) - The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 01A ift¢.� g" "Warnings". i 'IIt CLAIMANT: Laurel Gester Winter OCT - S 1995 ATTORNEY: Stewart W. Lenz Date received COUNTY COUNSEL MARTINEZ CA IF. ADDRESS: 3445 Golden Gate Way BY DELIVERY TO CLERK ON Octoer 3, 1995 P.O. Box 479 Lafayette, CA 94549-3683 BY MAIL POSTMARKED: October 2, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 3, 1995 gt�IL Bep�tyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( VT 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). IV. BOARD ORDER: By unanimous vote of the Supervisors present (� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: //- 7- /c) 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 Cla)nant, addressed to the claimant as shown above. Dated: - - / q 9S BY: PHIL BATCHELOR by - ��puty Clerk CC: County Counsel County Administrator PEDDER, STOVER, HESSELTINE & WALKER ATTORNEYS AT LAW STANLEY PEDDER 3445 GOLDEN GATE WAY RICHARD A. MALOTT JOHN A. STOVER (RETIRED) W. G. HESSELTINE POST OFFICE BOX 479 TIMOTHY B. WALKER LAFAYETTE, CALIFORNIA 94549-0479 RECEIVED ROBERT R. HALL (510) 283-6816 STEWART W. LENZ FAX (510) 283-3683 MELINDA R. SELF October 2, 1995 OCT - 319% CLERK BOARD OF SUPERVISORS Contra Costa County Board of Supervisors I CONTRA COSTA CO. Office of Clerk 651 Pine Street, Room 106 Martinez, CA 94553 Re: Amendment to Claim against County of Contra Costa Dear Clerk: Please consider this an Amendment to our claim and have the Board reconsider the claim of my client Laurel Gester Winter which the Board rejected on September 29, 1995 on the basis that it was a "late" claim. Copy attached. Be assured that it is not a late claim. County Counsel is in error. This is a claim against a Notary (who is also a public employee) for failure to properly maintain and deposit her records. Under Government Code section 8209 (a) , a notary who allows his or her appointment to expire is required to deposit the notarial records with the county clerk within 30 days. Failure to do so is a misdemeanor and the notary is: "personally liable for damages to any person injured by that action or inaction. " Id. The general statute of limitations governing actions against a notary is Code of Civil Procedure section 338 (f) , which provides: " [Within three years] an action against a notary public on his or her bond or in his or her official capacity except that any cause of action based on malfeasance or misfeasance is not deemed to have accrued until discover, by the aggrieved party or his or her agent, of the facts constituting the cause of action; provide, that any action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the Party or his or her agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later; and provided further, that any action against a notary public on his or her bond or in his or her official capacity shall be commenced within six years. " (emphasis added) . Contra Costa Board of Supervisors October 2, 1995 Page 2 On or about April 3, 1995, we discovered that Christy Bickerdike, a Contra Costa County employee, failed to lodge her notary records. We attempted to contact her on numerous occasions by leaving recorded telephone messages at her office. She never responded. In this matter, we meet all of the requirements to bring suit against Ms. Bickerdike. The cause of action against the county as respondeat superior for Ms. Bickerdike surely accrues at the same time that the cause of action against her personally accrues. Today is within six months of the date the start of the limitation period against Ms. Bickerdike began, therefore, this claim is timely filed against the County. [We also have a claim against on Ms. Bickerdike's bond. The statute has in no way run on this action and the bond company has no defense. The bond company will seek indemnity from Ms. Bickerdike and the County. ] Additionally, the claim against Ms. Bickerdike is for equitable indemnity. As a result of her misfeasance, we had to pay legal fees plus settlement costs. If she had properly maintained her records, we would have had prima facia evidence which would have proved our case. A cause for equitable indemnity does not accrue until an actual loss occurs through payment. This includes causes of action against governmental entities. See People ex rel. Dept. of Transport v. Superior Court of Los Angeles County (1980) 26 Cal.3d 744, 163 Cal.Rptr. 585. In this matter, we settled the underlying case on or about June 30, 1995. Under People, supra, the statute of limitations for filing a claim against Contra Costa County began on that date. By any analysis, the claim against Contra Costa County is timely filed. Very truly yours, PEDDER, STOVER, HESSELTINE & WALKER STEWART W. Z SWL/sl cc. client Clerk (extra copy) File 93: 354 TO: Laurel Gester Winters c/o Stewart W. Lenz Pedder, Stover, Hesseltine & Walker 3445 Golden Gate Way P.O. Box 479 Lafayette, CA 94549-0479 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911 . 3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa and/or District, on September 26, 1995 has been reviewed by County Counsel and is being returned to you herewith because: Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912 .2 and 946 .6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911 .6) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: De ty Clerk Dated: Enclosure NOTICE OF LATE CLAIMf � Page 1� t V (L�5 tUl M I OCT J 2 1995 ornnra ornvcn 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 copy of the above Notice to Claimant (of Late Submitted Claim) , addressed to the claimant as shown above. Date: By Phil Batchelor by Deputy C rk NOTICE OF LATE CLAIM Page 2 f t t t REDDER, STOVER, HESSELTINE a WALKER ATTORNEYS AT LAW STANLEY PEDDER RICHARD A. MALOTT JOHN A STOVER 3445 GOLDEN GATE WAY (RETIRED) W. G. HESSELTINE POST OFFICE BOX 479 TIMOTHY B. WALKER LAFAYETTE, CALIFORNIA 94549-0479 ROBERT R. HALL (510) 283-6816 RECEIVED W. LENZ FAX (510) 283-3683 MELINDA R. SELF �r SSP 2 61995 September 25, 1995 CLERK BOARD OF SUPERVISORS f CONTRA COSTA CO. Contra Costa County Board of Supervisor Office of Clerk 651 Pine Street, Room 106 Martinez, CA 94553 Re: Claim against County of Contra Costa Dear Clerk: On behalf of our client Laurel Gester Winters, we present you with the following claim for indemnity. Said claim relates to the failure of one of your employees, in the course of her employment, to maintain notarial records. As stated in the claim, this failure cost our client approximately fifteen thousand dollars. If we have to proceed further, we believe that we have an excellent claim against the notary bond (which is $10, 000.00) . The bond company would then bring an additional action against the county. Based on the following, we believe that this is a matter which can be settled without litigation. Please contact us if the county has a similar position. Should you have any questions, please do not hesitate to call. Very truly yours, PEDDER, STOVER, HESSELTINE & WALKER STEW T W. LF,N SWL/sl cc. client 93:354 t c . CLAIM TO THE COUNTY OF CONTRA COSTA: LAUREL GESTER WINTERS, hereby makes claim against the COUNTY OF CONTRA COSTA for indemnity, in an amount of $ 15,313 .71 and makes the following statement in support of the claim: 1. Name and Address of Claimant: Laurel Gester Winters 10945 Woodchuck Court Penn Valley, CA 95946 2. Notices concerning claim should be sent to: Stewart W. Lenz Pedder, Stover, Hesseltine & Walker P.O. Box 479 Lafayette, CA 94549 Phone: 510/283-6816 3. Date and Place of Claim: Claimant was sued in Contra Costa Superior Court Case no. C94-07381. This matter settled on or about June 30, 1995. Claimant seeks indemnity for Attorneys' fees and the settlement amount in said legal action. 4. Circumstances related to Filing of Claim: Claimant LAUREL GESTER WINTERS is the sole beneficiary of the Estate of Dorothea S. Gester. Claimant was sued as Personally and as Executrix of the Estate of Dorothea S. Gester related to ownership of property commonly known as 248 Steven Circle, Pleasant Hill, California. The suit was brought by one Ralf Gester seeking to enforce a joint tenancy deed made on or about October 26, 1977. A copy of the Second Amended Complaint in said matter is attached hereto as Exhibit A. On or about August 10, 1988, Decedent Dorothea S. Gester broke said joint tenancy deed by conveying her interest in the property to herself as a tenant in common. On or about April 26, 1990, COUNTY OF CONTRA COSTA employee Christy Bickerdike, as part of her job in the building department, notarized a deed of trust on said property. The persons purportedly executing said deed of trust were Ralf Gester and Decedent Dorothea S. Gester. Said deed of trust indicates that title to said property was held as tenant in common. A copy of said deed of trust is attached hereto as Exhibit B. Claimant learned in April 1995 that said Christy Bickerdike no longer had possession of her notary book. Said notary book would indicate conclusively that Ralf Gester signed said deed of trust. Ralf Gester denied signing said deed of trust. If said deed of trust were signed by Ralf Gester, he would have had no action against Claimant as he would have consented to the breaking of the deed of trust and the applicable statute of limitations would have run. As a result of COUNTY OF CONTRA COSTA employee Christy Bickerdike's failure to maintain her notarial records, Claimant has incurred litigation related attorneys' fees in the amount of $17,325.00 which was compromised to $8662.50. Litigation costs in the amount of $1151.21. And settlement costs in the amount of $5,500.00. 5. Claimant's relief sought is as follows: By this Claim, Claimant asserts a causes of action against the COUNTY OF CONTRA COSTA for implied indemnity, contribution, breach of duty and negligence related to the failure of Christy Bikerdike to maintain Notary records. OAKLAND HOUSING AUTHORITY is already a party to said legal action. 6. Amount of Claim: It is reasonably believed that the amount the claim is $15,313.71. Dated: "J 1995 PEDDER, STOVER, HESSELTINE & WALKER By: STEWART W. LE Z, Attorneys for Claimant LAUREL GE9TEk WINTERS 1 JOHN R. LOTHROP, ESQ. SB# 158111 Law. Offices of John R. Lothrop 2 319 A -Lennon Lane Walnut Creek, CA 94598 3 Telephone: (510 ) 943-1244 4 Attorney for Plaintiff, RALF E. GESTER 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF CONTRA COSTA 8 RALF E. GESTER, ) Case No. 9 Plaintiff, ) VERIFIED SECOND AMENDED . 10 vs.. ) COMPLAINT ON REJECTED CREDITOR'S CLAIM-FOR BREACH 11 LAUREL GESTER WINTERS, Executor of ) OF CONTRACT; FRAUD; the Estate of- Dorothea S. Gester, ) CONSTRUCTIVE TRUST; DAMAGES 12 deceased, Laurel Gester Winters ) AND SPECIFIC PERFORMANCE and DOES . 1-10, Inclusive. ) 13. ) Defendants.. ) 14 ) . 15 Plaintiff; Ralf. E. Gester, alleges: 16 INTRODUCTORY ALLEGATIONS 17 1 . On ' December 17 , 1993 ,. Dorothea S. Gester, hereinafter 18 referred to as ' the "decedent" , died, leaving a will. The will was 19 admitted to probate by the above-entitled court :on January 24, 1994. 20 Defendant, Laurel Gester Winters,. (hereinafter referred to as 21 "defendant executor" ) , is the appointed and acting executor of the 22 decedent' s will. Administration of decedent' s estate is now pending 23 in a proceeding in Contra Costa County Superior Court, No. 24 P93-01573 . 25 2 . At all times relevant herein, plaintiff Ralf E. Gester, 26 (hereinafter referred to as "plaintiff" ) , was a resident of Contra 27 Costa County, State. of California, the son of decedent and a 28 licensed general contractor. 1 1 3 . The real property referred to herein isthat real property 2 located at 248 Steven Circle, Pleasant Hill, California 94,923 3 (hereinafter "subject real property" ) and more fully described as 4 follows : 5 Lot 25, as shown on the Map of Tract 2718 (Beverlee No. 2 ) filed August 13 , 1959 , in Book 6 74 of Maps, pages 28 'and 29,, in the office of the County Recorder of Contra Costa County. 7 8 4 . Plaintiff is ignorant of the true names and capacities of 9 defendants sued herein as Does 1-10 , inclusive, and, therefore, sues 10 these defendants by such fictitious names. Plaintiff will amend 11 this complaint' to allege their true names and capacities when 12 ascertained. Plaintiff is informed and believes and thereon alleges 13 that; at all times herein mentioned, each. of these defendants were 14 a beneficiary of the residue of decedent' s estate and holds or will 15 hold a portion of any interest in the subject real property as -a 16 constructive trustee of plaintiff. 17 5 . Plaintiff is informed and believes and thereon alleges 18 that at all times herein mentioned, each of the defendants was. the 19 agent and employee of each of the remaining defendants, and in doing •20 the things hereinafter alleged, was acting in the course and scope 21 of such agency and employment and/or ratified or consciously 221 condoned the acts and omissions as alleged throughout this 23 complaint. 24 6 . On May 24, 1994, plaintiff filed a claim against 25 decedent' s estate with the clerk of the court in the above-mentioned 26 estate proceeding. The claim was for labor and materials used to 27 improve the subject real property: of which plaintiff is the legal 28 and equitable owner, money paid toward decedent' s portion of the 2 1 mortgage payment on the ' subject real property, rental income 2 received by decedent and defendant executor from the subject real 3 1 property .. and, interest thereon. The total amount of labor, 4 materials, money paid, rental income and interest thereon.claimed by 5 plaintiff was $61,028.25 . 6 7 . On or about May 24 and 31 , 1994, the plaintiff mailed a 7 copy of the claim to defendant executor in care of her attorney, 8 John A. Stover. A .copy of the cl'a'im as so -filed is marked as Exhibit attached hereto, and made a part hereof by reference. 10 8 . On. July 20., 1994, defendant executor rejected the claim in 11 its entirety. On July 26 , 1994, defendant executor served plaintiff 12 with written notice of the .rejection. . A copy of the: rejection. of 13 the creditor's claim is attached hereto as Exhibit : "B" . 14 9 . At all relevant times herein, : it was always agreed between 15 decedent and plaintiff that plaintiff would receive the decedent' s 16 one-.half ownership if plaintiff survived longer than decedent, under 17. 1 the law of right to survivorship, an integral. and necessary 18 component of their joint tenancy. The estate, including the 19 executor,. cannot and do not dispute-plaintiff's interest in the real 20 property at present. Following the decedent's transfer and 211 conveyance of the property (her one-half, joint tenancy interest back 221 toherself as a tenant-in-common) , plaintiff' still remained a 23 tenant-in-common with the decedent. The defendants and executor do 24' not dispute this, nor do they dispute plaintiff's entitlement to his 25 tenancy-in-common interest. The defendants, including the defendant 26 executor, .dispute the claims plaintiff has made in addition to his 27 tenancy-in-common interest (one-half) by reason. of his performance 28 of substantial valuable and lasting improvements to. the real 3 1 property, his payments, his right to collect his proportionate share 2 of the rental proceeds; and compensation for the various structural 3 repairs, additions, and improvements to the subject real property. 4 The deed which decedent executed conveying her joint tenancy 5 interest back to herself as a tenant-in-common makes specific 6 reference to plaintiff' s remaining interest in the property as a 7 tenant-in-common, moreover, the will also makes specific reference 8 to plaintiff' s tenancy-in-common interest. This complaint seeks 9 damages for the claim plaintiff alleges for the breach of the 10. agreement made between decedent and himself whereby plaintiff was to 11 provide his skills, learning and experience,. in performing his 12 contractor services, including but not limited to, all necessary 13 repairs, additions, improvements and other valuable lasting 14 improvements to the real estate and home. . 15 10 . At all times relevant herein, the agreement was based on 16 the actions of the parties, and' the substantial performance of the 17 plaintiff in performing all of the repairs, additions,, fixtures, 18 valuable lasting .improvements, and other necessary repairs on the 19 one hand,. and the . decedent' s promise to keep . and create the 20 ownership interest in the property in the form of a joint tenancy so 21 that plaintiff could be fully 'compensated for his interest and . . 221 labor, in that he would, assuming decedent predeceased plaintiff, 23 receive one hundred percent ( 100%) of the fee ownership in the 24 property as the surviving joint tenant. 25 11 . It was further agreed and understood between decedent and 26 plaintiff Ralf Gester, that as a term of decedent ' s and plaintiff' s 27 agreement and oral contract, .that effective on or about October 17 , 28 .- 1977, the form of title acquired by both plaintiff and decedent 4 r 1 would be, and would. remain until either party' s demise, as joint 2 tenancy. As a result -of the promise and initial agreement as to the 3 form and interest the title would be held as (joint tenancy) 4 plaintiff did perform the -necessary repairs, - additions, 5 improvements, and added needed valuable lasting improvements to the 6 real property including additions to the home and fixtures attached 7 thereto. No writing is or was required for plaintiff to recover .8 under the oral contract as required normally under the statute of 9 frauds as plaintiff performed `Esubstantial', work, spent money and 10 added .valuable lasting improvements to the home and real property in 11 reliance on the contract. 12 12. on , or about . April 26, 1990, a deed was recorded in 13 decedent and plaintiff' s name as trustors and naming Great Western 14 I Bank as, trustee regarding the subject property. Plaintiff has no j 15 j ' present recollection . of having seen or signed this; 1990 deed. 16 Plaintiff learned of the existence- of the 1990 within the past two 17 months. Assuming arguendo that the 1990. deed contains plaintiff' s . 18 -signature, the 1990 deed was executed byplaintiff as the result -of 19: decedent' s representation that (1 ) only her interest in the real 20 property would be charged by the deed of trust in favor of Great 21 Western Bank and (2) the deed of trust erroneously showed that 22 plaintiff.had acquired title to the property with decedent in 1977 .23 as tenants in common. In truth and in fact, plaintiff and decedent 24 acquired title to the subject' property in 1977 as joint tenants, see 25 Exhibit_ C attached hereto. Had the 1990 deed been property prepared 26 to show that title had been acquired by plaintiff and decedent in 27 joint tenancy in 1977 and that the joint tenancy had been severed by 28 decedent in 1988, plaintiff wouldnot have signed the deed of trust 5 1 [in favor of Great Western, Bank. Had plaintiff known that the joint 2 ! tenancy had been severed by decedent in 1988, plaintiff would not 3 ' have executed the 1990 deed of trust in favor of Great Western Bank. 4 Due to decedent'.s misrepresentations and the erroneous 1990 deed of 5 \ trust prepared by Great Western Bank, plaintiff did not learn that 6 decedent had severed the joint tenancy in 1988 until after 7 decedent' s death. 8 FIRST CAUSE OF ACTION 9 (On Rejected -Creditor's Claim by Plaintiff Ralf E. Gester for Breach of Contract - Promissory Estoppel as 10 Substitution for Consideration for Labor and Materials and Accrued Interest) 11 12 13 . Plaintiff incorporates by reference paragraphs 1 through 131 11 as though fully set forth herein. 14 14 . On or about October 17,1977, the decedent, 'together with 15 plaintiff acquired title to the. subject real property located in 16 Pleasant Hill, California as joint tenants. At 'the . time of '17, purchase, the subject . real property was owned in equal shares by 18 decedent and, plaintiff, each as to a one-half interest. A copy of 19. the deed of trust recorded on October 17, 1977 is attached hereto. as 20 Exhibit "C" . At the time plaintiff and decedent agreed to purchase 21 the subject real property, it was there and then agreed between . 22 plaintiff and decedent that plaintiff would perform the necessary. 23 repairs, other construction and carpentry work, and decedent agreed 24 and promised to leave her one-half interest to the subject real 2.5 'property to the plaintiff by way of a joint tenancy form of title. 26 This contract and agreement was oral and was made up by the conduct 27 and oral representations of the parties . At all relevant times -2.8 herein', plaintiff performed all conditions precedent and has. stood 6 1 ready, willing, and able to perform under the agreement. Despite 2 decedent' s knowledge that plaintiff had performed all conditions, 3repairs, additions, valuable lasting improvements to the home, 4 carpentry" work, and other construction work on the home, on. or about 5 August 12, 1988 , decedent . purportedly severed the joint tenancy 6 interest she held, conveyed to herself her joint tenancy interest as 7 a tenant-in-common, thereby severing the joint tenancy in its 8 entirety and further severing. and terminating plaintiff' s right to 9 survivorship under, -the laws of joint-tenancy, despite plaintiff' s 10 faithful performance and reliance on the statements, agreement and 11 conduct of the decedent. 12 15 . Specifically, from the date plaintiff and decedent 13 purchased the property until her death in December, 1993 , decedent 14. promised and represented to,plaintiff in Pleasant Hill, Contra Costa 15 County, -State of California, that .if plaintiff made repairs and . . 16 improvements to thesubject. real property, . including but not limited 17 to termite repairs, bathroom. remodel, kitchen remodel, removal and 18 installation` of interior, flooring, plumbing repair. and replacement, 19 kitchen. countertop removal and replacement, refinish of the.kitchen 20 cabinets, exterior -maintenance and handyman labor, decedent would 21 reimburse plaintiff for the value of the labor and materials used to 22 make those improvements and repairs upon decedent' s death, at which . 23 time plaintiff would acquire decedent's interest in the subject real 24 property as a surviving joint tenant. Plaintiff performed each of 25 the aforementioned services at all relevant times and made 26 substantial improvements. to the real property by reason of the 27 rendered services. 28 16 .. In making the foregoing representations to plaintiff, 7 1 1 decedent knew that her son (plaintiff) would accept decedent' s offer 2 and would be reasonably induced to rely on decedent' s 3 representations by performing and supplying the necessary .labor and 4 materials to repair and improve the subject property. 5 17 . At all times between January, 1978 and December, 1987, 6 plaintiff reasonably and justifiably relied on decedent' s 7 representations , and as a substitute for consideration in addition 81 to any actual consideration, was thereby induced to provide labor 9 and materials professionally as a general contractor making the 10 following repairs and improvements to the subject real property: (1) 11 termite repairs; (2) dryrot treatment/conditioning of bathroom 12 remodel; ( 3 ) kitchen remodel; (4) removal, installation and 13 designing the flooring throughout the. interior of the subject 14 property; (5) numerous plumbing repairs and replacements; (6 ) 15 countertop removals and replacements, (7 ) refinished most of the 16 cabinetry and wood working throughout the home; (8) exterior 17 maintenance; and, ( 9 ) handyman labor. Plaintiff is entitled to 181 interest on these goods and services and interest on said amounts. 19. On information and belief, plaintiff has performed all conditions 20 required of him pursuant to the subject contract, except for those 21 conditions which are or may be excused or modified . 22 18 . On or about August 12, 1988, decedent purportedly severed 23 the joint tenancy in the subject property, unbeknownst to plaintiff 24 until after decedent' s death, by causing a deed to be recorded 25 wherein decedent' s interest in the joint tenancy was purportedly 26 transferred to decedent as a tenant .in common. A copy of the deed 27 recorded on August 12, 1988 is attached hereto as Exhibit "D" . 28 19 . ' Decedent materially breached her oral agreement and 8 i contract, with. plaintiff when she severed the joint tenancy interest 2 held by plaintiff and decedent, conveyed onto herself a tenant-in- 3 common interest, thereby severing the joint tenancy and vitiating 4 any of plaintiff' s rights ' to survivorship and potential right for 5 complete ownership in the subject real property. Further, decedent 6 breached the contract by permitting the plaintiff to perform all of 7 the above-mentioned construction work, repairs, upkeep and 8 maintenance, carpentry services including the addition of numerous 9 .. valuable lasting improvements to the subject real property, when in. 10 truth, decedent did not honor her prior commitment and agreement to 11 leave intact the form of title acquired by plaintiff and decedent as 12 a- joint tenancy, as was their agreement on the date plaintiff and 13 decedent purchased the subject real property. Decedent and 14 defendant . executor , have . -not performed according to decedent' s 15 representation . to transfer.. decedent 's interest in the subject 16. property to plaintiff as' reimbursement for the labor and materials 17 used to improve and repair the subject . property and as a result 18 thereof. have. breached -the aforementioned-contract between .plaintiff 19 and decedent. 20 20 . As a direct and proximate result of decedent and defendant 21 executor' s failure'. to perform .according to. the representations 22 decedent made to plaintiff, plaintiff has, suffered damages in a sum 23 equal to decedent 's interest in the subject property or, in the 24 . alternative,. in a sum equal to the value of the labor and materials 25 expended to repair and improve the subject property, plus interest, 26 in the amount of $46,882.04 - . 27 21 . Injustice can only be avoided by enforcing decedent's 28 promise to transfer her interest in the subject property to . 9 1 plaintiff. at ' the time of her death, or in the alternative, by 2reimbursing plaintiff for the value of the labor and materials used 3 to repair and improve the subject property. 4 WHEREFORE, plaintiff prays judgment against defendant executor 5 as hereinafter set forth. 6 SECOND CAUSE OF ACTION 7 (On Rejected Creditor' s Claim by Plaintiff for Mortgage Payments Paid for the Benefit of . 8 Decedent and Interest Thereon) 9 22 . Plaintiff incorporates by reference paragraphs 1 through 10 21 as though fully set forth herein. 11 23 . Between January, 1978 and March, 1980 , decedent 12 represented and offered to plaintiff that if plaintiff would make 13 mortgage payments on the subject property, decedent would reimburse 14 plaintiff for those mortgage payments at the time of decedent' s 15 death, at which time plaintiff would acquire title to the subject 16 property as_ a surviving joint : tenant pursuant to their oral 17 agreement of ,October 17, 1977. 18 24 . In. .making .the. foregoing representations to plaintiff, 19 decedent knew or . should have known that . plaintiff would be. 20 reasonably- induced to rely on decedent' s representations and . would 21 accept. decedent' s offer by making mortgage payments on the subject 22 real property. 23 25 . Plaintiff reasonably relied on- decedent' s representa- 24 tions, accepted decedent' s offer and as a substitute for 25 consideration was thereby induced to pay decedent' s share of the 26 mortgage payments on the subject real property between January, 1978 27 and. .May, 1980 in the amount of $5,557.00 . 28 26 . On information and belief, plaintiff has performed all .10 1 conditions required of him pursuant to the subject contract, except 2 for those conditions which are or may be excused or modified. 3 27 . Decedent and defendant executor have not performed any 4 part of decedent' s representation, and because no part of their duty 5 to perform has been excused, they have breached the aforementioned. 6 contract between plaintiff and decedent. 71. 28 . As a result of decedent and defendant executor' s failure 8 to perform according to the - representations which decedent made to 9 plaintiff, plaintiff has been additionally damaged in. the sum of 10 decedent' s interest in the subject property, or, in .the alternative, 11 in 'the sum of the mortgage payments plaintiff paid on decedent' s 12 behalf in the sum of $5,557.00, and interest thereon in the sum of 13 $3 ,189 . 21 , for a total of $8,746 .21 . 14. 29 . Injustice can .only be avoided by enforcing 'decedent s 15 promise to transfer her interest in the subject .property to '16 plaintiff at the time of her death, or in. the alternative, by 17 reimbursing plaintiff for his paying decedent' s share of the 18 mortgage payments, plus interest for .a total of $8,746.21. At all 19 times these payments made by plaintiff were the decedent' s . 20 obligations as her prorata share and contribution. Decedent could 21 not or *refused to make these payments. 22 WHEREFORE, plaintiff prays judgment against defendant executor 23 as hereinafter set forth below. 24 THIRD CAUSE OF ACTION 25 (On Rejected Creditor' s Claims - for Breach of Contract- Promissory Estoppel as a Substitution for Consideration 261 for Rental Income Received) 27 30 . Plaintiff incorporates by reference paragraphs 1 through 28 29 as though fully set forth herein, to the extent those paragraphs 11 I 1 are not inconsistent with this cause of action for breach of 2 contract. 3 31 . As, a direct consequence of decedent' s breach of the 41 contract between plaintiff, and decedent, by operation of law, 5 plaintiff holds a one-half interest as a _ tenant-in-common 6 notwithstanding the additional claims as herein mentioned. 7 Plaintiff' s interest is as referenced in the decedent' s will, and as 8 referenced In the recorded deed of 1,988 severing the joint-tenancy, 9 and also as per the will, is undisputably .a tenant-in-common with a 10 one-half interest. Plaintiff did not learn of the true facts of 11 decedent' s severance of the joint tenancy until after the decedent' s 12 death. Until, the decedent's death, and until the plaintiff learned 13 of the decedent' s ' actions in termination of his right to 141 . survivorship by operation of law, plaintiff ..at all times reasonably 15 and justifiably relied -on the promises, agreement and contract made 16 between plaintiff and decedent, that plaintiff would take all of -the 17 fee parcel, if he outlived the decedent. All of the work, labor and 18 services mentioned herein, additions and valuable lasting 191 improvements made to the real estate and home were performed as. a 20 result of' plaintiff' s believe that his labor, work and services were 21 going to inure either' 'directly to his mother' s benefit, the 22 deceased, or to his, benefit, should he out live the deceased. 23 Because of this, plaintiff seeks. damages and recovery for not only 24 the ,work, services and payments he provided and performed but also 25 for his prorata share of therental income and proceeds received on 26 the subject real property, as he is according to defendant, a 27 tenant-in-common by operation of the 1988 deed and the specific 28 reference in the decedent' s will. In this basis, plaintiff seeks 12 1 his legal entitlement to, the rental proceeds collected on the real 2 property, including all rental proceeds collected from the date 3plaintiff and decedent purchased the property, to. the . extent 4 plaintiff was entitled to one-half of these rental proceeds. 5 32 . On or about May, 1991 and continuing until decedent' s 6 death, decedent again represented to plaintiff that if plaintiff 7' would allow decedent to collect rents from the subject property 8 until • decedentIs death, upon decedent' s death, plaintiff would . 9 acquire title to the subject property as a surviving joint tenant 10 pursuant . to the contract of October 17, 1977 between plaintiff and 11 decedent. 12 33 . In making the foregoing representations to plaintiff, 13` decedent knew or should have known that plaintiff, as a joint tenant 14 and decedent' s son, would be, reasonably induced to rely on 15 decedent's representations and accept decedent' s offer by allowing 16 decedent to collect rental proceeds from the subject property in 17 forbearance of his legal right' to collect one-half (1/2) of the . 18 value of the rental income collected and received by decedent. 19 34 . Between May, 1991 and continuing until decedent' s death; ' 20 plaintiff reasonably relied on decedent's representations, accepted 21 decedent' s offer and as a substitute for consideration .was thereby 22 induced to forebear from asserting his legal .right to collect one- 23 half of the rental proceeds from the subject .property. 24 35 . On information and belief, plaintiff has performed all 25 conditions required of him pursuant to the subject contract, except 26 for those conditions which are or may be excused or modified. 27 36 ._ On or about August 12, 1988, •decedent purportedly severed 28 . .plaintiff' s interest as a joint tenant in the 4 subject property, 13 1 unbeknownst to plaintiff until after decedent' s death, by causing a 2 deed to be recorded wherein decedent' s interest in the joint tenancy 3 was purportedly severed by transferring decedent' s interest in the 4 subject property to decedent as a tenant in common. 5 37 . Decedent and defendant executor have not performed 61 decedent' s representations to reimburse plaintiff for the value of 71 the rental proceeds received by decedent and decedent' s estate by 8 transferring to plaintiff, decedent' s interest in the subject 9 property or, in the alternative, to reimburse 'plaintiff for the 10 value of .the . rental proceeds, plus interest, received by decedent 11 and decedent' s estate. 12 38.. As an actual, direct and proximate result of decedent and 13 defendant executor's failure to perform according to the 14 representations decedent made to plaintiff, plaintiff has been 15- additionally damaged by not 'receiving decedent' s interest in the 16 subject property or, in the alternative, the value of the rental 17 income received by decedent and decedent's estate in a sum according 18 to proof, but in excess of the minimum jurisdiction of this Court. 19 WHEREFORE, plaintiff prays for judgment against defendant 20 executor as .though fully set forth below. 21 FOURTH CAUSE OF ACTION 22 (On Rejected Creditor' s Claim by Plaintiff - Fraud - Imposition of Constructive Trust for Rental Income from the 23 Subject Real Property Received by Decedent and Defendant Executor) 24 39 . Plaintiff incorporates by .reference paragraphs i 'through 25 38 as though fully set forth herein, to the extent those paragraphs 26 are not inconsistent with this cause of action for Constructive 27 Trust. 28 40 . Between. May, 1991 and July, 1994, decedent and decedent' s 14 1 estate received .payment for rental income. regarding the subject 2 property. Plaintiff, as a legal and/or equitable owner of the 3 subject property has been deprived of his right, to receive rental 4 proceeds from the subject property. 5 41 . On or about May, 1991 and continuing until her death in. 6 December, 1993 , .decedent represented to plaintiff that if plaintiff 7 would allow decedent to collect and keep for herself the rental 8 proceeds from the subject property, decedent would reimburse 9 plaintiff for the value. of the rental proceeds at the time of her 10 death at which time plaintiff would acquire decedent' s interest in 11 the subject property as a surviving joint tenant .pursuant to their 12 oral agreement of October, 1977 . 13 . 42. Plaintiff is informed and believes and thereon alleges 14 that at the time the decedent made the representations to. plaintiff, 15 as alleged- above, decedent had no intention of performing .them. 16 43 . Plaintiff is informed and believes and thereon alleges 17 that decedent. made the representations to plaintiff with the intent 18 to defraud -plaintiff and to induce plaintiff to -forbear from. . 19 asserting his legal right ,to collect one half of the rental income 20 from the subject-property from decedent prior to, her death. 21 44 . At ' the time these promises were made and at _the time 221 plaintiff acted in reasonable reliance on them, plaintiff was 23 ignorant of decedent' s secret intention not to perform and plaintiff 241 could not, in the exercise of reasonable diligence, have discovered 25 1decedent' s secret intention and therefore acted reasonably in 26 relying on decedent' s promises. Had plaintiff known of decedent' s 27 secret intention not to perform, plaintiff would not have acted in 28 reliance on decedent' s promises. 15 1 45 . On or about August 12, 1988, decedent purportedly severed 2 the -aforementioned joint tenancy, unbeknownst to -plaintiff until 3 after decedent' s death, by causing a deed to be recorded whereby 4 decedent ' s interest in the subject property was purportedly 5 transferred to decedent as a tenant in common. 6 46 . Decedent' s representations to plaintiff between May, 1991 '7 and continuing until her death were that decedent would hold title 8 in the subject property as a joint tenant until the time of her 9 death, at which time plaintiff would acquire decedent' s interest in 10 the subject property as a surviving joint tenant. . 11 47 . As a result of the decedent' s fraudulent acts, when 12 decedent died on December 17 ; 1993 ,. the August 12, 1988 deed 13 purporting to convey title to decedent as a. tenant-in-common became 14 -part of decedent' s estate to be distributed in accordance with her 15 will. Plaintiff has been- deprived of right ,to receive decedent' s 16. interest in the subject property as a. surviving joint tenant or, in 17 the alternative, in a sum equal to the rental income received from .. 181the subject, .property because the personal representative of- 19 decedent's estate .has refused and continues to refuse. to convey to 20 plaintiff decedent's interest in the subject property or in the 21 alternative to reimburse plaintiff for the aforementioned sums. - 22 48 .- Plaintiff is informed and believes that under the terms of 23 decedent' s will, decedent' s purported interest as a tenant in common . 24 in the subject real property under the deed recorded on August 12, 25 1988, is to be distributed under the residue of the estate to the 26 following defendant who plaintiff is informed and believes is the 27 beneficiary of decedent' s estate, to whom the residue of the estate 2.8 will be distributed: Laurel Gester winters (hereinafter "defendant 16 1 distributee" ) . 2 49 . By virtue of decedent' s fraudulent acts, defendant 3 executor or the defendant distributee hold an .interest in the 4 subject property as a constructive trustee for plaintiffIs benefit. 5 50 . Defendant executor refused and continues to refuse to 6 L convey to plaintiff rental income received from the subject 7 property. 8 51 . Plaintiff is further informed and believes and thereon 9 alleges that . prior to the commencement of decedent' s conduct, the 10 subject property had a reasonable market value of $60,000 .00; 11 presently in its improved and repaired condition, its . reasonable 12 market value is $215 ,000 .00 .- 13 52 . Plaintiff requested the defendant executor provide 14 plaintiff. with a statement of all sums of money collected as rent on 15 the property, less expenses, to which plaintiff is entitled as 16 rightful owner of the property. 17 .53 . Defendant executor refused, and continues to refuse, 18 plaintiff' s. request for information concerning rental income from 19 the property. . 20 . 54 . Plaintiff is informed and .believes and thereon alleges 211 that the amount owing as rental income from May,. 1991 through May, 22 1994 is $5,400 .00 , however, an accounting is necessary to determine 23 the exact amount given that decedent and defendant executor may have 24 received a greater amount of rental income from the subject property 251 and may be entitled to a number of deductions from gross rental 26 income. 27 WHEREFORE, plaintiff prays judgment against defendant executor 28 and defendant distributee as hereinafter set forth. . 17 1 FIFTH CAUSE OF ACTION 2 (On Rejected Creditor Claims by Plaintiff —Imposition of Constructive Trust on Behalf of Plaintiff for Labor and 3 Materials Used to Improve and Repair the Subject Real Property) 4 55 : Plaintiff incorporates herein the allegations contained in 5 paragraph 1 through 54 as though fully set forth herein. 6 56 . Between October, 1977 and continuing through December, 7 1987 , decedent represented to plaintiff that if plaintiff made 8 certain improvements to the subject real property, .decedent would 9 reimburse plaintiff for the value of the labor and materials used to 10 make those repairs and -improvements upon decedent' s death, at which 11 . time plaintiff would acquire decedent' s interest in the subject 12 property as a surviving joint tenant. The repairs and improvements 13 which plaintiff was to perform included but were not limited to the 14 following: termite repairs, bathroom remodel, kitchen remodel, 15 removal and installation of interior. flooring, plumbing repair and 16 replacement, kitchen countertop removal and replacement, refinish of 17 kitchen cabinets, exterior maintenance of the subject residence, and 18 handyman labor. - 19 57 . Plaintiff, is informed. and believes and thereon alleges 20 that at the time the decedent made the representations to plaintiff, 21 as alleged above, decedent had no intention of performing them. 22 58 . At the time decedent' s promises were made and at the time 23 plaintiff acted in reasonable reliance on them, plaintiff was 24 ignorant of decedent' s secret intention not to perform and plaintiff 25 could not, in the exercise of reasonable diligence, have discovered 26 decedent' s secret . intention and therefore acted reasonably in 27 relying on decedent' s promises. Had plaintiff known of decedent' s 28' . secret intention not to perform, plaintiff would not have acted in 18 1 reliance on decedent' s promises. 2 .59 . In reliance on decedent' s promises, between January, 1978 " 3 and continuing through December, 1987, plaintiff performed and 4 supplied materials for the aforementioned repairs and .improvements .51 on the subject real property. Additionally, in reliance on 61. decedent' s promises, plaintiff did not enforce his legal right to 7 sell his interest in the subject property during decedent's life. 8 60 . On or about August 12, 1988, and unbeknownst to plaintiff 9 until after. decedent' s death, . decedent severed 'the joint tenancy 10 held by plaintiff and . decedent by causing a deed of trust to be 11 recorded which transferred decedent's interest in the subject -real 12 property to decedent as a tenant in common. 13 .61 . Decedent' s representations to ' plaintiff; however, was 14 that, notwithstanding decedent' s legal right to sever the joint 15 tenancy, decedent would hold ..titlo in, the -subject property as a 16 joint .tenant until the time of her death, at which time plaintiff 17 would acquire decedent' s interest in the. subject property as a 18 surviving joint tenant. ` 19 62 . As a result of recording the deed on August 12, 1988 20 severing the joint. tenancy, when decedent died on December 17, 1993, 21 said deed conveying title to decedent as a tenant-in-common became 22 part of- decedent' s estate to be distributed in accordance with her 23 will. Plaintiff has been deprived of his right to acquire 24 decedent' s interest in the subject property as a surviving joint 25 tenant, or in the alternative for reimbursement for labor and 26 materials provided to repair and" improve the subject property. 27 63 . Plaintiff is informed and believes that under the terms of 28 decedent' s will, decedent' s purported interest as a tenant-in-common 19 1 in the subject real property under the deed recorded on August 12, 2 1988, is to be distributed under the residue of the estate to the 3 following defendant who plaintiff is informed and believes is the 4 beneficiary of decedent' s estate, to whom the residue of the. estate 5 will be distributed: Laurel Gester Winters (hereinafter "defendant 6 distributee" ) . 7 64 . By virtue of decedent ' s fraudulent acts as described 81 above, the defendant executor and/or the defendant distributee 9 holds , or will hold, an interest in the subject real property as a 10 constructive trustee for the benefit of plaintiff as to one-half 11 (1/2) of the said defendant executor and defendant distributee's 121 interest. 13 WHEREFORE, plaintiff prays for- judgment as set forth below: 14 SIXTH CAUSE OF ACTION 15 (On Rejected Creditor's Claims by Plaintiff - Imposition . of Constructive Trust for Mortgage Payments Paid by Plaintiff 16 for the Benefit of Decedent) 1.7 65. Plaintiff incorporates by reference the allegations 18 contained in paragraphs 1 through 64 as though fully set forth 19 herein to the extent those allegations are consistent with this 20 cause of action for constructive trust. 21 66 . Between January, 1978 and March, 1980 , decedent 22 represented to plaintiff that if plaintiff made mortgage payments on 23 the subject property for the benefit of decedent, decedent would 24 reimburse plaintiff for the amount of those mortgage payments upon 25 decedent ' s death, at which time plaintiff would acquire decedent' s 26 interest in the subject real property as a surviving joint tenant. 27 The mortgage payments which plaintiff was to pay totaled $5,557 .00 . .28 67 . .. Plaintiff is informed and believes and thereon Ileges 20 1 that at the time the decedent made the representations to plaintiff, 2 as alleged above, decedent had no intention of performing them. 3 68. At the time decedent' s promises were made and at the time 4 plaintiff acted in reasonable reliance on them, plaintiff was 5 ignorant of-decedent' s secret intention -not to. perform and plaintiff 6 could not, in the exercise of reasonable diligence, have discovered 7 decedent' s secret intention and therefore acted reasonably in 8 relying on decedent' s promises. Had .plaintiff known of decedent's 91 secret intention not to perform, plaintiff would not have acted in 10 reliance on decedent' s promises. ' 11 69 . In reliance on decedent's promises, between January, 1978 12 . and March., 1980, plaintiff paid certain mortgage payments. for 13 decedent' s benefit, on the subject real property. Additionally, in 14 reliance on decedent' s promises,. plaintiff forbeared from asserting 15 his legal right to bring action against decedent to collect the 16 aforementioned mortgage payments and to -sell his one half interest . 17 in the subject property during decedent' s life. . 18 70 . On or about August 12, 1988, and unbeknownst to plaintiff' 19 until. after decedent' s death, decedent severed the joint tenancy 20 held by plaintiff and decedent by causing a" deed of trust: ' to be 211 recorded which transferred decedent's interest in the subject real 221 property to decedent as a tenant in common. 23 71 . Decedent' s representations to . plaintiff, however, was 24 that, notwithstanding decedent' s legal right to sever the joint 25 tenancy, decedent , would hold title in' the subject property as a 26 joint tenant until the time of her death, at which time plaintiff 27 would acquire fee title to the subject property as a surviving joint 28 tenant. 21 1 72. As a result of recording the deed on August 12, 1988 2 purportedly severing the joint tenancy, when decedent died on 3. December 17, 1993 , said deed purportedly conveying title to decedent 4 as a tenant-in-common became part of decedent' s estate to be 5 distributed in accordance with her will. Plaintiff has been 6 deprived of his right to acquire decedent' s interest in the subject 7 property as a surviving joint tenant after decedent' s, death, or in 8 the alternative, for reimbursement of labor and materials provided 9 to repair and improve the subject property. 10 73 . Plaintiff is informed and believes that under the terms of 11 decedent' s will, decedent' s purported interest as a tenant-in-common 12 in the subject real property under the deed recorded on August 12, 13 1988, is to be distributed under the residue of the estate to the 14 following defendant who plaintiff is• informed and believes is the 15. beneficiary of -decedent' s estate, to whom the residue of the estate 16 . . will be distributed: Laurel. Gester• Winters (hereinafter "defendant 17 distributee. " ) 18 74 . By virtue . of decedent' s fraudulent acts as . described 19 above., the defendant executor and/or the defendant distributee 20 holds, or will hold, an interest in the subject real property . as a. 21 constructive trustee for the benefit of plaintiff as to one-half 22 (1/2) of the said defendant executor and defendant distri,butee's 23 interest. 24 WHEREFORE plaintiff prays judgment against defendant executor 25 and defendant as .follows: 26 27 2S SEVENTH CAUSE OF ACTION 22 1 (Specific Performance of Contract) 2 75 . Plaintiff incorporates by reference paragraph 1 through 74 .3 as though fully set forth herein to the extent those paragraphs are 4 consistent with this cause of action for specific performance. 5 76 . On or about October, 1977, plaintiff and decedent entered 6 into an oral contract, by the terms of which plaintiff agreed to 7 provide labor and materials to improve and repair the subject real 8 property, including but not limited to termite repairs, bathroom 9 remodel, kitchen remodel, removal and installation of flooring 10 throughout the interior of the subject property, plumbing repair and 11 replacement, kitchen countertop removal and replacement and refinish 121 of the kitchen cabinets, exterior maintenance of the subject 1.3 residence, and handyman labor. In exchange, decedent agreed to 141 transfer her interest in the subject property to plaintiff at the 15 time of her death at which time plaintiff would. acquire decedent' s 16 interest in the subject property as.. a surviving joint tenant. A 17 copy of the deed of trust in which plaintiff and decedent acquired 18 their respective interests in the subject property as joint tenants 19. is attached hereto as Exhibit "C" and made a part hereof. 20 77. . The contract was just and reasonable as to the decedent 21 and the consideration accruing to decedent was adequate in that the 221 value of the labor and materials plaintiff used .to improve. and 23 repair the subject real property equaled or- exceeded decedent's 241 interest in the subject real property. 25 78 . In reliance on the above-mentioned agreement, plaintiff 26 performed and supplied labor and materials to repair and improve the 27 subject real property in compliance with the agreement. Plaintiff 28 has -thus performed all conditions, covenants and promises required 23 1 to be performed by .him in accordance with the terms and conditions 2 of the contract. 3 79 . Subsequently, the decedent executed a new deed of trust 4 recorded on August 12, 1988, unbeknownst to plaintiff until after 5 decedent' s death, purporting to sever the joint tenancy and 6 purporting to reconvey to decedent as a tenant-in-common; the real 7 property that was promised to plaintiff, in contravention of the 8 provisions of the agreement and the rights of plaintiff. A copy of 9 the subsequent, purported deed of trust is attached hereto as . 10 Exhibit "D" and made a part hereof. 11 80 . Fot the reasons stated, plaintiff has no adequate legal 12 remedy in that damages, if- awarded, cannot be .properly ascertained 13 since there is no fixed market value and damages will be inadequate 14 to compensate plaintiff for the .detriment suffered by him. 15 81. Defendant executor and defendant distributee are estopped 16 ,from relying on the statute of fraud because plaintiff relied on the 17 oral agreement and performed and supplied all labor and materials 18 necessary to improve the subject real property. 19 WHEREFORE, plaintiff prays judgment against defendants, and 20 each of them, as follows: 21 EIGHTH CAUSE OF ACTION . 22 (QUANTUM MERUIT) 23 82 . Plaintiff realleges the paragraphs set forth above and 24 further alleges in the alternative, this cause of action for quantum 251 meruit. 26 83 . At all times relevant herein, plaintiff performed the 27. services, lasting improvements, goods and supplies as set forth 28 above, in reliance on the agreement on the agreement and contract 24 1. 1 between plaintiff and decedent.. Plaintiff' s reliance was reasonable 2 and justified, and therefore, plaintiff had a reasonable expectation 3 as right to believe that he would be compensated for his services 4 and those goods used and consumed on the home. 5 1 84 . Decedent and defendant executor dispute plaintiff' s right 6 to receive compensation for the services, good and supplies 7 furnished by plaintiff pursuant to the agreement between plaintiff 8 and decedent. 9 85 . The reasonable value of the goods and services supplied 10 and performed by , plaintiff. exceed $62,000 .00 , as claimed by 11 plaintiff in the creditor' s claim, a -copy of which is attached 12 hereto as Exhibit A and incorporated herein by reference. 13 86 . Defendant executor would therefore receivea windfall and 14 would be unjustly enriched if plaintiff were not compensated in 15 quantum meruit ,for the services and goods used to make substantial, 16 valuable and lasting improvements to the subject real property. r' 17 PRAYER 18 1 .* For a judgment in the sum of $61 ,028 .25 in favor of 19 plaintiff for labor, materials, money paid, rental income received 20 by decedent and decedent' s estate and interest thereon. 21 2 . For an order declaring that defendant executor and 22 defendant distributee hold all payments which they have received as 23 ' rental income from the subject property in trust for plaintiff. 24 3 . For ' an order declaring that defendant executor and 25, defendant distributee hold an amount equal to the labor materials, 26 money paid and interest thereon, as described above, in trust for 27 plaintiff. 28 25 1 4 . For an order declaring that defendant executor , and 2 defendant distributee hold the subject real property in trust for 3 plaintiff. 4 5 . For an order compelling defendant executor and defendant 5 distributee to convey the defendant executor' s interest in the 6 subject real property described above to plaintiff. 7 6 . For an order distributing .to plaintiff the estate of the 8 decedent as provided in the oral agreement between plaintiff and the 9 decedent, as hereinabove alleged, and in the deed of trust recorded 10 October 17, 1977 . 11 7 . For an order granting possession of the property to the 12 plaintiff. 13 8 . For an order preliminarily enjoining defendant executor 14 and .defendant distributee from selling or otherwise disposing of the 15 real property or in the alternative, to hold the proceeds of any 16 such sale in trust for 'plaintiff. 17 9 . For an accounting of all monies received as payment of 18 rental income regarding the subject property by decedent, defendant 19 executor and/or defendant distributee. 20 10 . For .damages in the amount of all monies found owing to 21 plaintiff. 22 11 . For reasonable litigation expenses, including attorneys ' 23 fees, expended in this action. : 24 25 26 27 28 26 1 12 . For such other and further relief as the court deems just 2 and proper. . 3 Dated: February 16-, 1995 LAW OFFICES OF JOHN R. LOTHROP 4 5 John Lothrop, 61' Attorney for Plaintiff Ralf E. Gester 7 8 9 10 11 gester\compl.2damd 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .26 27 28 27 1 VERIFICATION (Standard) CCP 446 , . 2015 .5 2 I, John R. Lothrop, declare that: 3 I am the attorney for the plaintiff Ralf E. Gester 4 (hereinafter "Plaintiff" ) in the above entitled action. Plaintiff is 5 absent from the County in which I maintain my office and therefore 6 unable to verify this Second. Amended Complaint. I have read the 7 foregoing Second Amended Complaint and am familiar with its 8 contents . I am informed and believe that the. matters contained 9 within it are true and on that ground allege that the matters stated 10 are true. 11 I declare under penalty of perjury that tAth true 12 and correct and that this verification was -exec16 , 13 1995 at Walnut Creek, � California. 14 \ J R 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 1 f�TToaM;y ort CREDnOR WITHOUT ArM—Fy rNe.r,.:•.,Adaiassl: • 1 ' LAW OFFICES'0 JOHN LOTHROP, ESQ.., SP ire i. r JOHN.LOZ' �ROP (51-0") 943-1244 N LANK ' r 43I2ggGtt jt !1 t 319.A L.ENNON .LANE ATroRNEY Fo6VALN 1 CREEK �.A 94598 RAhF GESTER . SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA C Ct .t6o( nt4 j Sr9EETAO0R858. .7-25 CQ tart. S t. __ MAIUNG ADDRESS:. _ P0B 911 F .. crrr AND nP coot- MARTINEZ, eA. , 94553 BRANCH NAME:. ESTATE OF(NAME): -S.. GESTER A.K.A. DOROTHEA DEC f]ENT CREDITOR'S CLAIM' CASZNUMse t: (for estate administration proceedings filed after June 30, 1988) P93-01573 You must file this claim with.the court clerk at the court address above before the LATI_R of (a) four months a the date letters(authority to act for the estate)were first issued to the personal representative,or(b)thirty days a the date Notice of Administration was given to the creditor,if notice was given as provided in Probate-dode sec: 9051. Mail or deliver a copy of this claim to the personal representative. A proof of service is on the reverse. i. Total amount of the claim: 5 61,028 ,25 - 2. Claimant(name;: R.ALF -E. GESTER a. Q an individual. b. Q arr individual or entity doing business under the fictitious name of!specify): c- 0 a partnership.The person signing has authority to sign on behalf of the partnership: d. Q a corporation. The person signing has authority to sign on behalf of the corporation. e. Q. other(specify): 3. Address of claimant tspeciry1: 1251 LAVEROCrK LANE / . ALANiO CALIFORNIA: 94507 4. Claimant is: the creditor; a.person acting on behalf of creditot)state reasorr): ; ' S. Q Claimant is Q the personal representative the attorney for the personal representative.: ' (Claims againsr the esrare by the personal representative and the attorney for the personal represenrative must within the claim period allowed in-Probare Code secrion 9100. Seethe notice box above-! 6.-1 am authorized to make this claim which is-just and due or may become due.All payments on or offsets to the claim ha credited. Facts supporting.the claim are C�]on reverse C[attached. - I declare under penalty-of perjury under the laws of the State of Ca(ifomia that.this-.creditor:s.cfaim is true and correct. Pate: ay 24 ,, 1994 . . . ...RALF E. GESTER. (i YF-oR Pm ",r NAME AND TITLE! (SIG NA OF CLAfMANTI INSTRUCTIONS TO CLAIMANT • A. On the reverse..itemize the claim and show the date-the service was rendered or the debt incurred.Describe the:item ors _ detail,and indicate the amount claimed for each item. Do not include debts incurred after the date of death,except funer r 8: It the claim is not due or contingent, or..the amount is not yet ascertainable,state the facts supporting the claim- t, If the.claim is secured.by a note or other written instrument,the original or a copy must be attached(state why original is unal If secured by rnorrgage� deed of trust, or other lien.on property that is of record,itis sufficient to describe the security _ to the date or volume'a.nd.page, and county where-recorded. (See Probate Code section 9152) O. Mail or take this original claim to the court clerk's.offics for filing. If mailed,use certified ma1il,.with-return receipt reque E Mail or deliver a,copy to the personal representative. Complete the Proof of Mailing or Personal Delivery on the reverse. F. The.personal representative will notify.you when your claim is allowed or rejected: (Continued on reverse) 5ee msuvrtans aelar+e campfedreq.Use Credicar's Claim loan No.OE470 for estates Clad Woe*.luty 1. 1988. - - rarm Aaaroved by me - Frobace Code: 11'9000 e Juaiciai Cauca of Ca6fa1aia CREDITOR'S CLAIM Exhibit A, 1 'of 2 AE-177 tN.w Juiv i, rot33t ro.,l,�,vi ESTATE OF'(NAME)- 4 `` CASE NUMSM tDogg)THF—AS . ' .GESTER `DECEDEcv f'" P93-015771 :.. .:..'. '.....".t': FACTS SUPPORTING THE.CREDITOR'S CLAIM Q See attachment (iff-space is insuffrcientl - Date' of item" (tem-and Supporting Facts Amou nt Clair 1/78-12/8? . Labor , termite repair., Bath remodel, Kitchen remodel; flooring, plumbing; counters , ` cabinet refinish 246 hours @ $60•.00/hr .$14,T60.0, 1/7$-6/84 Labor. Misc. Exterior Maintenance 265. hours @. $20 . 00/hr 5 ,300 :0 1/78-6/.84 Handyman Labor 120 hours @ $18 . 00/hr 4,200 .0 1/78 Materials- installed 1,341.0 8/88--5/94 Interest on unpaid amounts 21,281.0 1/78-3/80 Mortgage payments 1/2 reimbursement 5,557. 0 8/88-5/94 Interest on mortgage reimbursement 3:t 189..2 5/91-5/94 1/2 share of=rental 5, 400 . 0 Total $61,,028 : 2 .i TOTAL PROOF OF Q MAILING. Q PERSONAL DELIVERY TO PERSONAL REPRESENTATIVE,. (Be sure tomail or,take the original to the court,clerk's"offtce for rung).. ,. 1. 1 am the-creditor or a.person acting,on behalf of the creditor At the time.of retailing or delivery I was:at least 18 years c Z My residence cr business address is (specify):. 34 9A Lennon La-.e - Walnutr Creek,-CA-.- 94596 3. 1 mailed or delivered.a copy of this Creditor's Claim.to the personal representative as follows (check either a or b beiov First-class mail: .! �depdsited a=copy of. the claim-with the United. Postal Servicp- in'a sealed envelop, a. Q postage fully prepaid_ ! used first-lass.mail_ I am a.resident of or employed in the county where the mailing occ "The_envelope.was addressed"and.mailed as follows:. (1) Narrie of personal-representative served.. . LAURELWINTERS (21: Address-on envelope: c/o JOHN" A. STOVER, Esq,: - � ' O. 479 I31 Date of mailingtjay , 1994 , CA: 9.�3 (4) Pface-of mailing (ciry and starel:Walnut. Creek," Ca. b. Q Personal:delivery. I personaily delivered a copy of theclaim to the personal rep�esen.rative as follows... (1) Name of personal representative served: (21 Address where delivered: " (3);Date delivered: (4) Time delivered: 1 declare under penalty of perjury under the laws of the-State of California that the foregoing is and correct. Date: GIDc' MAY •Cardlyn Lothrdn . . . _— - - J ' • •n'1•Pe OR PRINT NAME of CLAIMANT! • (SIGNATURE/TLAL?AANT1 F 06-172(Nei..Jwv I. Issel CREDITOR'S CLAIM EXha bit A - (Probate) 1 PROOF OF SERVICE BY MAIL = CCP 1013a AND 2015 .5 2 I, the undersigned, declare as follows : 3 I am over eighteen years of age and not a party to the within action; my business address is 319A Lennon Lane, Walnut Creek, 4 California. 5 On February 16 , 1995 , I served a copy of the within 6 SECOND AMENDED COMPLAINT 7 on the interested parties in the within action by placing a true and correct copy of the above referenced document(s) , enclosed in a 8 sealedenvelope, with postage fully prepaid, for deposit in the United States mail at Walnut Creek, California, addressed as 9 follows: 10 Stewart W. Lenz, Esquire Pedder, Stover, Hesseltine & Walker 11 Attorneys at Law 3445 Golden Gate Way 12 Post Office Box 479 Lafayette, California 94549-0479 13 I am familiar with the firm' s practice of processing 14: correspondence for mailing, whereby mail' so processed is deposited with the United States Postal Service on the same day with postage 15 thereon fully prepaid at :Walnut Creek, California, in the ordinary course- of business. 16 I declare under penalty of perjury under the laws of the State 17 of California that the foregoing isotrue and correct and that this declaration was executed on February 16 , 1995, at Walnut Creek, 18 California. 19 Qt� 20 Carolyn D Cain 21 22 23 24 -251 . 26 27 28 2 �.... . OWN 1-0-901-wiftaffiftu PREPARED BY AND AFTER RECORDING MAIL TO: bo 85728 REColt0E0 AT REQUEST OF. APR G 1990 APR 2 61990 � ' O-CLOCKAT RECORML`' S CONTRA y�A CONTYHEN U 'A GREAT WESTERN BANKCOUNTY RECORDER ' 9301 CORRIN AVENUE FEES t� OD SUITE 200 NORTHRIDGE, CA 91324 HUD/REHAB. DEPT., NSC43 1 SPACE ABOVE THIS UNE FOR RECORDERS USE ry�R DEED OF FRUST Loan No. 8-503586-5 j THIS DEED OF TRUST ("Security Instrument")Is Hr.&on APRIL 13, 1990 The trustor is r:✓ *DOROTHY S GESTER, ALSO KNOWN AS ODOROTHEA S GESTER, AN >.* UNMARRIED WOMAN, ANDftALF E GESTER, WHO ACQUIRED TITLE • � AS A SINGLE MAN, AS TENANTS IN COMMON Vw trustee is CAUFORNIA RECONVEYANCE COMPANY.a t311Wrnia curporation("Trusteel The bemfigaryis GREAT WESTERN BANK, A FEDERAL SAVINGS BANK i CONTRA COSTA 00UNrY whkh b mVmlzcd and misting under the laws of the United States of Amerka,and whose address Is 9451 Corbin Avenue;Northridge,C"mla 91324.2496("i cnder' Oom^w owes Gonda the principal sum of Dollars(U.S. $22,976.00 ) This debt is evidenced by Borrower's note dated as this Security Instrument("Note',which provides for monthly paymcnM with the full debt,if not paid earlier,due and payable on JUNE 11, 2005 This Scmft Instrument Wures to Gander.(a)the repayment of the debt evklenct: by the Notr,with lnttrat,and all renewals.ezternions and modifications;(b)the paymem of all othersutras,with interest,advanced under paragraph 7 to pcotm the security of chis Security I=rumcn4 and(c)the performanec of Borrower's covenants and agreetnents w' under this Security instrument and the Note. For this purlxue,Borrower irrevocably grants and conveys to Trustee, •:4 in trust,with power of sale,the following described property located In CONTRA COSTA County.California: LOT 25, TRACT 2718, FILED AUGUST 13, 1959, MAP BOOK 74, PAGE 28, CONTRA COSTA COUNTY RECORDS which has the address of: 248 STEVENS CIR=, PLE SANT HILL, CA 94523 Isu"ll ar lob) California, 94523 ("Property Address"); ilio Code) TOGETHER WITH all she improvements now or hereafter erected on the property,and all easements,rights. appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter apart of the property.All replacements and additions shall also be covered by this Security lnstrumcnt.All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record.Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a unifornt security instrument covering real property. CALIFORNIA—sjogio Fsm4y—FNMA/FHLMC UNIFORM INSTRUMENT Form 3005 12/83 :m asvu uuronmA ._._...-••---- sees - UNIFORMCOVENANTS. Borrower and Lender covenant and agree a%f!lows: 1. Payment of Principal and Interest;Prepayment and Late Charges. harrower%hall r1rvnptl%pay when due the principal ofand interest an the debt evidenced by the Note and any prepayment art:laic dtargc%due utnler the.N,ne. 2. Funds for Taxes and Insurance. Subject Io applicable law nt to a written waiter by Lender.IA+rrowcY shall pec to Lender on the day monthly payments are due under the Note,wail the Note is paid in full,a%unt(1un&-1 equal to onc•twelfth oL•(a)yearly tares and assessments which may attain paK.ut, oted (lar,%,-,unit' 14, umeut.(bp yeJ11% leasehold payments or ground rents on the Property,if any;(c)yearly hazard insurance prcrniumv.and(d)ycrdy ►-� mortgage insurance premiums,if any.These items are called"escrow iccros."Lander may c%tiococ Qw 1ru:td%due on the Cri basis of current data and reasonable estimates of future escrow items. 00 The Funds shall be held in an institution the deposits or accounts of which arc itt%urd or guaranteed by a federal or sta-agency(including Lender if Lender is such an institution).Lender shall apply the Funds at pay the escrow ileacs. Lenoir may not charge for holding and applying the Funds,analyzing the aceaa91 or verifying the exrow item%,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.Borrower and Vt Leader may agree in writing that interest shall be paid rut the Funds.Unlcs%an agreement is otadc or applicable law (k- requires interest to be paid.Lender shall not be required to pay Brlrrower any inicrem-or earning%on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the Funds showing credit-.,and!chits to lice Funds and lite purpose for which each debit to the Funds was made.The Funds are pledged a%addifiornal security for Ilse wm%-�ecurcd by this Security Instrument. If the amount of the Funds held by Lender,together with the future mmuhly payments Of hula%payable prior to the du,dates of the escrow items,shall exceed the amount acquired to pay the escrow items when due,the exec%%shall be. at Borrower's option,either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds.If file amount of the Funds held by Lender is not sufficient to pay the escrow items when due.Borrower shall pay to Lender any amount necessary,to make up the deficiency in one or more payments as requited by Lender. Upon payment in full oral)sums secured by this Security Instrument,Lender droll promptly refund to Borrower any Funds held by Lender.If under paragraph 19 the Property is sold or acquired by Lender.Lender shall apply.no later than imme>i.-Acly prior to the sak of the Property or Its acquisition by Lender,any Funds held by Lender at the time of ' application as a credit against the sums secured by this Security instrument. 3. Appliattoa of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs i and 2 shall be applied:tint.to late charges due under the Note;second,to prepayment charges due under the Nott thud.to amounts payable under paragraph 2;fourth,to interest due,and last,to principal due. 4. Charps;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold paymcno,or ground rents.if any. Borrower shall pay these obligations in the manner provided In paragraph 2,or if rut paid in that manner.Borrowce shall pay them on time directly to the person owed payment.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.If Borrower makes these payments directly.Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a) agrees in writing to the payment of the obligation secured by the lien in a manner r,tt-ptablc to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement orthe lien or forfeiture of any part of the Property;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part or the rroperty is subject to a lien which may attain priority oter this Security Instrument.Lender may give Borrower a notice identifying the Gen,Borrower shall satisfy the lien or take one or more or-he actions sec forth above within 10 days of file giving ofactice. 5. Hazard tasurance. Borrower shall keep the improvements now existing or hereaficr erected on the Properly insured against loss by fire,hazards included within the term`extended coverage"and any aper hazards for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requirrc The insurance carrier providing the insurance shall be chosen by Borrower subject to Leukes approsal which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to lender and shall include a standard mongagc clause. Lender shall have the tight to hold the policies and renewals.If Lender requires,Borrower shalt promptly give to tender all receipts of paid premiums and renewal notices.In the event of loss.Borrower shall give prompt notice to the insurance carrier and lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proaecdc shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lenders security is net lessened.Ir the restoration or repair is not economically feasible or Lendces security would to lessened,the insurance proceeds shall be applied to the sums secured by this Security instrument,whether or not then due,with any excess paid to Borrower.Ir Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lender nay use the proceeds to repair or restore file Property or to pay sums secured by this Security Instrument,whether or not then due.The 30•day period will begin when the notice is given. - Unless Lender and Borrower otherwise agree in writing,any application orproaceds to principal shall not cxtcnd or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments.If under paragraph 19 the Property is acquired by Lender.Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument inmcediatdy prior to theacyuisition. 6. Preservation and htaintenance of Property;leaseholds. Borrower shall not destroy,damage or substantially change the Property,allow the Property to c1cwriorate er commit waste.If this Security Instrument is on a kaschold. Borrower shall comply with the provisions orthc lease,and if Borrower acquires fee title to the Property.the leawhold and fee title shall not merge unless Lender agrees to she merger in writing. 7. Protection or!--nder's Rights In the Property.Mortgage Insurance. If Itarrower fails to pet irm the covenants and agreements containtxt in this Seaurify Instrument,or there i%a regal prtcacce;ing that may%igniffcanlfy alrect Lender i rights in the Property(such as a proceeding in bankruptcy,probate.fir condemnation car art enforce laws car regulations).then Lender may do and,+ay for whatever is necessary to protect file satucorthc Pro1wrty and Lcndel%right, in the Properly.lender's actions may include paying any sums secured by a lien which ha%pracrity oter this Security Instrument,appearing in court,paying reasonable aaortici Res and entering on the Property to make repairs.Although Lender may take action under this paragraph 7.Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall beeonna additional dchi of harrower secured by thi% Security Instrunncut.Unless Borrower and Lender agree to other terms orpaytncnl.Ihcsc anuwats%hall hear interc%1 from the date of disbursement at the Note rate and shall he payable.with interest. upon notice frtttt Lender to Borrower «questing payment. Iaw2 If Lender required mortgage insurance as a eotulition of making the burs sccurcd by:his Security Instrument. Borrower shall pay the premiums required to maintain the insurance in c0cc1 until such time as the requirement for Lice insurance termiraua in accordance with Borrower's and Lender's wntlen.Stccmcnl or apphcabic l.t.. S. Inspection. Lender or its agent may make reasonable entries upon and inspeeyiens of the Property.Lc.tdcr shall give Borrower notice at the time of or prior loan inspection specifying reasonable cause far the inspersion. 9. Condemnation. The proceeds of any award or claim for damages.direct or con cqurntial,in connceiion with any condemnation or other takinj of any pan of dor Property,or for conveyance in lieu of%inticniation.arc hereby assigned and shall tic paid to Lendcr. t In the event of a total taking of the Property,the proceed:.shall le applied to lite sums.-w-cured by this Security Instrument,whether or not then due,with any exccros paid to Borrower.In the cyan of a partial taking ttf lite Propert unless Borrower and Lender otherwise agree in writing,tosuets uxured by this Security Instrom¢nt shall be reduced by ' s the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately Cil before the taking,divided by(b)the fair market value of the Property immediately before line taking.Any balance shall be Qp paid to Borrower. Y'+ r 1f the Property is abandoned by I3orrawer.or if.after notice by Lender to Borrower that the condemnor ofrcrs to D. make an award or settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is c• given.Lender is authorized to collect and apply the pros:ds.at iisoption.either to cestoratitsi.ir repair of the Property or to the sums secured by this Security Instrument.whetheror not then due. Cn Unless Lcndcrand Borrower otherwise agree in writing.any application of procccds to principal shall nes extend or O postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change rte amount of such payments. t 10. Borrower Not Released;Forbearance By Lender Not a Walver. Extension of the time for payment or modification of arnonization of the sums secured by this Security Instrument granted by Lender to any sueccssor in interest of tbrrower shall not operate to release the liability of the original Borrower or Borcowc6.successors in interest. Lender shall not be required to commence proceedings against any successor in(ntetest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason orally demand made by the original Borrower or Borrower's steecssors in interest.Any forbcarana by Lender in exercising any right or remedy shall nes be a waiver of or preclude the exercise orally right or remedy. 11. Successors and Assigns Bound;Joint and Several Llabli(ty;Coastruem Thr ctvaiants and agrecnents of this Security Instrument shall bind and benefit the successors and assigns of Lender and Ilorntwer.subject to the provisions orparagraph 17.Borrower's covenants and agreements shall br joint and several.Any liurrowee who co-signs this Security Instrument but dots not execute the Nae:(a)is co-signing this Security Instrument only to nwtngage.gntnt and convey that Borrower's interest in the Property under the terms or"Security Instrument;(b)is nes perxan.11y obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Ilornnwer may agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without ,hat Bnrrowef seonxent. 12. I-oan Charge, If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interat"other lean charges collected or to be collated in cwn:wetirn with the ban exceed the permitted limits.then:(a)any such lean charge shall be reduced by the amount necessary to reduce the charg:to the permitted limit;and(b)any sures already collected front Bonowcr which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Nae or by nuking a direct payment to Borrower.if a refund rectums principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Nae. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Nae or this Security Instrument unenforceable according to its terms.Lender,at its option. may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19.If Lender exercises this option.Lender shall lake the steps specified in the second paragraph of paragraph 17. 14. Noticts. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another methal.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lander shall be given t•y first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower.Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located.In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall nes affect other provisions or this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowces Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any pan of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written consent.Lender may,at its option.require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option.Lender shall give Borrower notice of acceleration.The notice shall provide a period ofnot less then 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pry these sums prior to lice expiration of this period.Lcudcr nuy invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18.Borrower's Right to kelnstate. If Borrower meets certain conditions.Borrower shall have the right to have enfcrcenicni of this Security Instrument discontinued at anytime prior to the earlier al.•(a)5 days(or such other period as applicable law may specify for rcirntatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument,or(b)entry•of a judgment enforcing this Security Instrument.Thow cndiiions are that Borrower: (a)pays Lender Al sums which then would be due under this Security Instrument and the Note had no acceleration occurred:(b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument.including,but not limited to,reasonable attorneys'fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument.Leaders rights in the Pruperty and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully cflective as if no acceleration had occurred.However,this right to reinstate shall not apply in the case ofacedcralion under paragraphs 13 or 17. Page 3 ) N'OX•UNIntIk.%I IYy1iNA1'7'S Mirrowerandlenderfurther colettanland agrat-is Gd!'Iw.. 19.Acceleration; Remedies. tender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument tbut not prior NI cccOwration under paragraphs 13 and 17 unless applicable law provides otherwise).The notice shall specify.(rt the default;(b;the action required to euro the default;(c)n date.not less than 30 days from the date the notice is given to Borrutter,by which the default mast be eurcd; and(d)that failure to cure the default on or before the date specified in the nonce may result In ucce..ratmn ul lite sums secured by this Security Instrument and sale of the Property.The notice shall further inform Burro"cc of the right to s reinstate after acceleration and the right to bring a court action to assert the non-existence of It default or any other lb defense of Borrower to acceleration and sale.If the default is nut cured on or before the date specified in the notice,lwnder 1'" at its option may require immediate payment in full of all sums secured by this Security instrument without further t demand and may invoke the power of sale and any other remedies permitted by applicable law.tender shall by entitled to �• collect all expenses incurred in pursuing the remedies provided in this paragraph 19,including,but not limited tc, reasonable attorneys'fees and costs of title evidence. GTt if Lender invokes the power of sale.Lender shall execute or cause Trustee to execute a written notice of lite )-/- occurrence of an event*(default and of Lenders election to cause the Property to be sold.Trustee shall cause this notice to be recorded in each county in which any part of the Property Is located.lender or Trustee shall mail copies of the notice l as prescribed by applicable law to Borrower and to the other persons prescribed by applicable lay.Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable low.After the time required by applicable law,Trustee.without demand on Borrower,shall sett the Property at public auction to the highest bidder at the time and plate sad under the terms designated in the notice of sal(..in one or more parcels and In any order Trustee detcrmines. 1 Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale.Lender or Its designee may purchase the Property at any safe. iTrustee shall del(ircr to the purchaser Trustees deed conveying the Property without any covenant or warranty. I expressed or Implied.The recitals in the Trustees deed shall be prima facie evidence of the truth of the statements made thavla.Trustee shall apply the proceeds of the sale in the following order.(a)to all expenses of the sale.Including.but not Wilted to,rexroaableTrustet's and attorneys'ices:(b)to all sums secured by this Security Instrument;and(c)any excess to the person or persons legally entitled to It. 20.Lender In.Possession.Upon acceleration under paragraph 19 or abandonment of the Property.Lender(in person,by agent or by judicially appointed receiver)shall be entitled to atter upon.take possession or and manage the Property and to collect the rents of the Property including those past due.Any rents collected by Lender or the receiver shall be applied first to payment of the crusts of nianmgement of the Property and conA.-mon of rents.including,but not limited to.receiver's fem premiums on receiver's bonds and reasonable attorneys'fen,and then to the sums secured by this Security Instrument. 21.Reconveyance.Upon payment ofall sums secured by this Security lnstrumcnt."Lender sliall request Trustee to reconvey the Properly and shag surrender this Security Instrument and all notes evidencing debt secured by this Security instrument toTrustm Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entified to it.Such person or persons shall pay any recordation costs. 22.Substitute Trustee.Lender.at its option.may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lcnder and recorded in the office of the Recorder of the county in which the Property is located.The instrument shall contain the name of the original Lender.Trustee and Dom-A=,the book and page where this Security Instrument is recorded and the name and address of the successor trustee. Without conveyance of the Property,the successor trustee shall succeed to all the title.powers and duties conferred upon the Trus(ce herein and by applicable law.This procedure for substitution of trustee%bait govern to the exclusion of all other provisions forsubstitution. 23.Request for Notices.Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address. 24.Riders to this Security Instrument.If one or more riders art executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covcnaais and agreements of this Security Instrument as if the rider(s)were a pan of this Security Instrument.10u ck applicable line(s)j _ Adjustable lbtc hider _ 0mch,mintuno Ridcr 1•4Family Ricicr _._ Graduated I'a ment Rider _ t'bnrxd unit lX-%rlopmcnt liidcr _ tither(%)I-4—ifyl 25.Statement of Obligation."lander may cullcei a fee not to exceed the maximum amount permitted by law for furnishing the statement of obligation as provided by Section 294.1 of the Civil Code of California'• BY SIGNING BELOW.Borrower accepts and agrees to the terms and covenants contained in this Security instrument and in any rider(s)executedby Butrower and recorded with it. DoRbTHY ESTER RAL E •BR • STATE OP C. )1'ORNIA COUNTYOI'Cpntra c�!) It (INDIVIDUAL) On this...L.*'~.....�.\\ay uC... ��f.�.../...... ....•I9......(�yy,bcfrrc mq the undersiennl•a Nurary Public•in and for said .rate.pc.xautlyappcsrsd .V4fA `l.: :.y.t'5. t'..'..fT•.r:u!�.. . �..... ................ ...................................1...........................................................I...........I...... petsonally know n to use.of proved it,me on the basis of satid'actory cvidcncv to be the petsoMO whow n.wl,)(, arc lubscrit. to the within Instrument•and �ckm-kdged rat so,that..44,i....................................................... . e►ecutod the sore. OFFICIAL S witm.my banan d d ofrwuw•a l l. � KE - C BiGKEROIKE b t �(�( �..•_,,(, a tlOTrcY PJ_S•c•CALI ORNIA 1l ......... "".Y'ltr y+`.Y%"::4r a+• CONTRA CNIA COUNTY Y • ••••..•.•.•• My aat:n.espites MA?" I'••' Notary P IM in and rat Will County and Stare r., .•-_• r. ...........C.. '\(Tky<i<<.kc... ............ NantrtTYPed or Printed) M0.aIV.fill.1 6611/Nom ul.call If.'/rrNHJ 4y,UNy,JIION.v J I n1..vIINp I/I`lyp.•p.Jr.•I N.N•.�.� W Y•fr.rt(N.rN1 N N.:)•NhM1I. Payr 4 ;:::q#'=' F'',r •.<.. :fi n. ...V 4 NOTARY SEAL DECLARATION Vill 1S814t y under penalty of perjury that the 552Pursuant of Govt.Code 27361.7.!certif notary seal on the document to which this declaration is attached reads as ; follows: Name of Notary: v�ri5 L7 County: I q9z 'r Date Commission Expires: at Dated: i1��r? V Do rUMENj Signature: iwlft N: i W. ��}_.N .� r`�r..>,-.;ice:�•.s..-,-.• r,.l'°�%'�•' .". .. it •r!;� c;a`,�v:ri•�..yy:_:7."; '''+ . DECLARATION OF SERVICE BY MAIL I, the undersigned, a citizen of the United States, employed in the County of Contra Costa, over the age of eighteen (18) years, whose business address and place of employment is 3445 Golden Gate Way, Lafayette, California 94549, declare that I am not a party to the within action; that on September 25, 1995, I placed the envelope for collection and mailing following our ordinary business practice, a true copy of the attached document entitled: CLAIM I am readily familiar with this business practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection .and mailing, it is deposited in the ordinary course of business in the United States Mail Box, in the City of Lafayette, County of Contra Costa, State of California, with postage thereon fully prepaid. The envelope was addressed as follows: Contra Costa County Board of Supervisor Office of Clerk 651 Pine Street, Room 106 Martinez, CA 94553 I declare under penalty of perjury at Lafayette, California, on the date shown below, that the foregoing is true and correct. Dated: September 25, 1995 HEID ROMING v DECLARATION OF SERVICE BY MAIL I, the undersigned, a citizen of the United States, employed in the County of Contra Costa, over the age of eighteen (18) years, whose business address and place of employment is 3445 Golden Gate Way, Lafayette, California 94549, declare that I am not a party to the within action; that on October 2, 1995, I placed the envelope for collection and mailing following our ordinary business practice, a true copy of the attached document entitled: AMENDMENT TO CLAIM I am readily familiar with this business practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business in the United States Mail Box, in the City of Lafayette, County of Contra Costa, State of California, with postage thereon fully prepaid. The envelope was addressed as follows: Contra Costa County Board of Supervisor Office of Clerk 651 Pine Street, Room 106 Martinez, CA 94553 I declare under penalty of perjury at Lafayette, California, on the date shown below, that the foregoing is true and correct. Dated: October 2, 1995 ` HEIDI ROMIN