Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MINUTES - 12051995 - C9
CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 5, 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: $122.19 Section 913 and 915.4. Please note all "Warnings" f ttinty Counsel CLAIMANT: William K. Taylor N04 'SOS ATTORNEY: Date received Uartinez,CA9 , ADDRESS: 3840 Killdeer Drive BY DELIVERY TO CLERK ON November 3, 1995 Antioch, CA 94509-6428 BY MAIL POSTMARKED: November 2, 1995 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH BATCHELOR, DATED: November 3, 1995 BYIL DeputyLOR, Clerk 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: f�� (� „� 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: 4J.: CSS - 19 9.5' PHIL BATCHELOR, Clerk, ByU 1p A .kms' 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 Goverrmient 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 State 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: f q 9 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator t CIA ir,:: to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT 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 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. 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 -for=. R£: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa ) NOV - 31995 or ) District) CLERK BOARD OF SUPERVISORS Fill in name ) CC)IVTRA COSTA co. The undersigned elaimant \hereby_makes claim against the County of Contra Costa or the above-named District in the sum of $ e� and in support of this claim represents`as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or njury occur? (Give (Give 1 details; use a ra paper if required) � �©G1/c� 0. - l� /�c5 02 4. What articular act or omission on t e t of county or strict officers, P Pte' servants or employees caused the injury or damage? .r � , Y y �. wnat are ..ne names of county or district officers, servants or employees causing the carnage or injury? - - 5. What damage or injuries doyou claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ` 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 0//? c - 0 � GO j �Lii 7 , ZLi $. Names and addresses of witnesses, doctors and hospitals. 9• List the expenditures you made on account of this accident or injury: DATE, ITEM a=';: AMOUNT Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorney) orb ome person-on bis bphalf." Name and Address of Attorney °" OV t?W,15 F".��lr4 �V,(141e; Cla' is Si t /0Pi Address. Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such impriso:iment and fine. O fA -1. o � y.- -a3 < ❑3 O 0 _N r ID m M r M1.0NCL is�Z o o O O p'.. r w n v s T mm o f A m �,o m '� =i a c m 3 n„ O. r' ID g Elmyfm ® m Z a _ neomP m 50a' f m m N c A c O C > N N SLO 6p D'. m r p.::m ❑ O fn O.O 0.1 �_ �' D m, Iq $ D a DaOa n 'a Mc D a o o D C > 0, c z a A > r z Z ...r 4W m m o m w C O t07 C D N� . C fA N n 3 � o m r a m 01-3 (❑ � p y o ym 3 M.o m D m D C O y C O N O-' D -0 7 7:E :E 3 N = O O O ? O> O O d < fa $a nO�owFmm- f433mm O O -4 ; c m o o a c 2T IN 0 2< co> m En _=a v m 9 m - D '0 m -< 9) Y) � � a m 2T m m 8 0-off 3ma-om3`wnw S ���® '.Z. �y n'. �O m`<a�.< ate, m *=:, w o v° m ° r N g nDy�"�� mm O a, _ m NEl _- D -ina NmNwo C m C [ntnm3o��m� a kjt Drr 90 O&'--'g *0m� O o o 04t O r z D ONm,w< om� g i > i ttt f, _ O (� O D 10 a 0 m coow��� c m ) 5n3 mO 'mo0 ,3w-o NN< .�a �i ❑m --I0> 2-3 -I-go-<mNa D D mN<o..m� m m -ml m00m��o `o �'' D \/ Oz��'o»m mmcwi o y z ) Z nDm 20dom oN m i O cnz�<o�'� m' c a h l' m t L ! 1 �m •Nmmomm �' �i;; p'<w w na.z y m ID m D O ��m m. y f4 m D �\ m m*omm�w� 3 m m D �, �� � 0 3 ❑ m 31p�omfD Z a O (nCoo + mcn c *2 L7 `) ' a i Z r o o D rx Ds c z >_ r �O 1D D i i '� Z mZ oZ _m mZ m T O m m 70 O r r „ a -0 - a n n O N C7 p0 r D D a i nm > iZ D as C m U) O D O i m AO o o iZ x m D Oai D m i z n > 0 m D m X � D y t. ❑ ❑ El El [I El El El ❑ m D 3 C TERMS ARE CASH UNLESS OTHER PRIOR ARRANGEMENTS ARE MADE SEE ONIPOR7AMT OMFCO MMAU= CM MY= ESTIMATE COPY n � _. V ��,��-� ---- ��, r � { \�• \ \ d 1 �1�11,�. �, �.°v�` `� � i } i l . W� .O m �dK o�•o i 1 04 co -0 v gv� ra o r C; 9' r C . R CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 5, 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: $75,000.00 + Section 913 and 915.4. Please no V6i, rnJ-n,4's"' `." I, CLAIMANT: DeBene Inc. Nov 1 4 r , ATI ORNEY: David R. Sidran, Esq. COUNTY C;UNs L Linda K. McCarthy, Esq. Date received MARTINEZ�;ALIF ADDRESS: Boornazian, Jensen & Carthe BY DELIVERY TO CLERK ON November 1 i, 1 A95 2121 N. California Blvd. , Ste. 550 Walnut Creek, CA 94596 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. BATCHELOR, DATED: November 14, 1995 Iatl DepuLyLOR, w 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: / to — 17-5— BY: Deputy County Counsel I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (A) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:,_ 0 S ^ 19 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein men6,ioned, 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: )a- 0 —I C1 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 5 1 DAVID R. SIDRAN, ESQ. (#121063) LINDA K. McCARTHY, ESQ. (#157677) 2 BOORNAZIAN, JENSEN& GARTHE A Professional Corporation 3 2121 N. California Blvd., Suite 550 Walnut Creek, California 94596 4 Facsimile: (510) 934-3635 Telephone: (510) 934-8400 5 LINDA DeBENE, ESQ. (4075447) 6 LINDA DeBENE, INC. Professional Law Corporation 7 4135 Blackhawk Plaza Circle, Suite 200 Danville, California 94506-4679 8 Telephone: (510) 736-0720 9 Attorneys for Defendant and Cross-Complainant DeBENE, INC. 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF CONTRA COSTA 13 14 KENT C. WILSON, CHERYL K. WILSON, ) No. C94-03503 GAYNOR CHINN, and MOMI CHINK ) 15 ) CLAIM AGAINST GOVERNMENTAL Plaintiffs, ) ENTITY - CLAIM FOR DAMAGES 16 ) vs. ) Trial Date: 1/16/96 17 ) DeBENE, INC. a California corporation, et al. ) tVECEIVED 18 Defendants. ) tY 19 ) 3191 20 AND RELATED CROSS-ACTIONS. ) CLERK soAao OF SUPERVISORS COI�TF3A-COSTA CO. 21 22 a.) NAME AND ADDRESS OF CLAIMANT: DeBENE, INC., a California corporation 4135 Blackhawk Circle Plaza, Suite 200, 23 Danville, CA 94506-4679 24 TELEPHONE NUMBER: (510) 736-0720 25 26 BOORNAZI JENSEN 8 GARTHE 1800 HARRISON STREET 25TH FLOOR P.O.BOX 12 8 OAKLAND,CA 94604 (510)8344350 2121 NO.CALIFORNIA BLVD SUITE*550 WALNUT CREEK,CA 9459 (510)9348400 j ` 1 b.) THE POST OFFICE ADDRESS TO WHICH THE PERSON PRESENTING THE CLAIM DESIRES NOTICES TO BE SENT: 2 David R. Sidran, Esq. 3 Linda K. McCarthy, Esq, Boornazian, Jensen& Garthe 4 2121 N. California Blvd., Suite 550 Walnut Creek, CA 94596 5 (510) 934-8400 6 c). THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION WHICH GAVE RISE TO THE CLAIM ASSERTED: -7 On August 15, 1994, DeBENE, INC. was served with a civil complaint filed in Contra 8 Costa County Superior Court entitled Wilson, et at. v. DeBene, Inc., et al., Action Number C94- 9 03503. DeBENE, INC. filed a general denial in response to the complaint. The complaint alleges 10 in general that there are problems with subsidence of soil, lateral movement of soil, drainage 11 problems, and other development and/or construction problems which have resulted in damages 12 "to the property known as the Silver Oak Townhome Development, Subdivision 6199, Danville, 13 California. 14 d). A GENERAL DESCRIPTION OF THE INDEBTEDNESS,,OBLIGATION, INJURY, 15 DAMAGE OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME OF PRESENTATION OF THE CLAIM: 16 The complaint alleges that the repairs will exceed $75,000 per unit. Plaintiffs allege that 17 they have been denied the full benefit and use of their townhome units, and estimate the fair 18 market value of said deprivation to $10,000 per year. Plaintiffs also alleged damages in the 19 amount of $300 per day for loss of use, and $25,000 for diminution in value of the property. 20 Damages are also requested for emotional distress and mental suffering. 21 e). THE NAME OR NAMES OF THE PUBLIC EMPLOYEE OR EMPLOYEES 22 CAUSING THE INJURY, DAMAGE, OR LOSS: 23 DeBENE, INC. is informed and believes that the continuous landslide, soil subsidence, 2 4 lateral movement of soil, drainage problems and resulting damage, both to the land and to the 25 building located thereon is due in full or in part to conditions which exist on the property 26 including natural hills and fill slopes, for which the Blackhawk Geologic Abatement District has BOORNAZIP�01,-7 maintenance, ownership, repair and other duties, including obligations to warn, and express or JENSEN 8 GA/THE 1800 HARRISON STREET 25TH 958 P.O.BOXX 12 12 implied warranty obligations among other things. DeBENE, INC. believes that GRAD, under OAKLAND,CA 94604 (510)834-4350 2121 NO.CALIFORNIA BLVD SU ITE#550 WALNUT CREEK,CA 9459 (510)9348400 2 1 their charter has a duty to investigate, repair, maintain, and remediate the problems at the site to 2 prevent further soil subsidence, and subsequent damage to plaintiffs' units. 3 DeBENE, INC. is informed and believes that in addition to the damages set forth in the 4 complaint, that DeBENE, INC. will sustain damages as a result of the above-mentioned action 5 " including but not limited to the possibility of a monetary judgment against DeBENE, INC., the 6 cost and expenses of hiring consultants, laboratory technicians and other experts to ascertain the 7 cause of the soil subsidence and related problems alleged in the complaint, as well as attorney's 8 fees. DeBENE, INC. alleges that these damages will continue to incur and that DeBENE, INC. is 9 entitled to damages and to equitable indemnity from GHAD and from others. DeBENE, INC. 10 asserts that it is entitled to file a claim against GHAD pursuant to the California Government Tort 11 Liability Act, Government Code §810 et seq. 12 f). Jurisdiction over this claim rests in Contra Costa County Superior Court. 13 g.). DeBENE, INC.'S CLAIM AGAINST GHAD IS TIMELY FILED: 14 Pursuant to the tolling agreement entered into by William DeBene on January 31, 1995, 15 and Bonnie C. .Maly, attorney for DeBENE, INC. on January 31, 1995, Blackhawk Geologic 16 Hazard Abatement District by Richard Nystrom, District Manager on February 10, 1995, and 17 Timothy Ryan, attorney for Blackhawk Geologic Hazard Abatement District on February 4, 1995, 18 the statute of limitations, the statute of repose and the statutes establishing time limits for claims 19 pursuant to the tort claims act, were extended upon the mutual written consent of the above- 20 bove-20 identified people. (a copy of the tolling agreement is attached hereto and incorporated herein as 21 Exhibit A.) Pursuant to the following agreement, DeBENE, INC.'s claim against GHAD is 22 timely filed. . 23 24 25 26 BOORNAZI _] JENSEN&GARTHE 1800 HARRISON STREET 25TH FLOG p P.O.BOX 12 G OAKLAND,CA 94804 (510)8344350 2121 NO.CALIFORNIA BLVD SLHIE#550 WALNUT CREEK,CA 9459 (510)934-8400 3 1- DATED: November 13, 1995 2 BOORNAZIAN, JENSEN& GARTHE 4 By. LINDA K. McCARTHY 5 Attorneys for DeBENE, INC. KSmith\17006\17259.1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BOORNAZI JENSEN&GARTHE 1800 HARRISON STREET 25TH FLOG P.O.BOX 1218 , OAKLAND,CA 94604 (510)834-4350 2121 NO.CALIFORNIA BLVD SU ITE•550 WALNUT CREEK,CA 9459 (510)934-8400 4 I DAVID R. SIDRAN, ESQ. (#121063) LINDA K. McCARTHY, ESQ. (#157677) 2 BOORNAZIAN, JENSEN& GARTHE A Professional Corporation 3 2121 N. California Blvd., Suite 550 Walnut Creek, California 94596 4' Facsimile: (510) 934-3635 Telephone: (510) 934-8400 5 LINDA DeBENE, ESQ. (#075447) 6 LINDA DeBENE, INC. Professional Law Corporation 7 4135 Blackhawk Plaza Circle, Suite 200 Danville, California 94506-4679 8 Telephone: (510) 736-0720 9 Attorneys for Defendant and Cross-Complainant DeBENE, INC. 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF CONTRA COSTA 13 14 KENT C. WILSON, CHERYL K. WILSON, ) No. C94-03503 15 GAYNOR CHINN, and MOMI CHINN, ) DECLARATION OF LINDA K. 16 Plaintiffs, ) McCARTHY IN SUPPORT OF CLAIM AGAINST GOVERNMENTAL ENTITY - 17 vs. ) CLAIMS FOR DAMAGES 18 DeBENE, INC. a California corporation, et al., ) 19 Defendants. ) Trial: 1-16-96 20 ) AND RELATED CROSS-ACTIONS. ) 21 ) 22 I, LINDA K. McCARTHY, declare: 23 1. I am an attorney at law duly licensed to practice before all courts in the State of 24 California, and am attorney of record for Defendant and Cross-Complainant DeBENE, INC. in 25 the above-captioned action. 26 2. I am sufficiently familiar with the facts contained herein, and if called to testify as a BOORNAZIAN,2 7 JENSEN&GARTHE witness, would and could competently testify thereto. 1800 HARRISON STREET 25TH FLOOR ^/�8 OAKLAND,CA 94612-3674 (510)8344350 2121 NO.CALIFORNIA BLVD. SUITE#550 WALNUT CREEK CA 94596 (510)934-8400 1 3. Attached hereto as Exhibit A is a true and correct copy of the tolling agreement 2 entered into by William DeBene, Bonnie C. Maly, attorney for DeBene, Inc., Blackhawk 3 Geologic Hazard Abatement District by Richard Nystrom, District Manager, and Timothy Ryan, 4 attorney for Blackhawk Geologic Hazard Abatement District on or about January 31, 1995 5 through February 4, 1995. 6 I declare under penalty of perjury under the laws of the. State of California that the 7 foregoing is true and correct. Executed on November 13, 1995 at Walnut Creek, California. 8 DATED: November 13, 1995 9 10 11 By LINDA K. McCARTHY 12 DMori\17006\17445.1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BOORNAZIAN,2 7 JENSEN&GARTHE 1800 HARRISON STREET 25TH FLOOR �8 OAKLAI•D,CA 94612-3354 (510)8344350 2121 NO,CALIFORNIA BLVD. SUITE"0 WALNUT CREEK CA 94596 (510)934-8400 - 2 - STIPULATION TOLLING STATUTE OF LIMITATIONS AND CLAIMS STATUTES This Agreement is entered into between the Blackhawk Geologic Hazard Abatement District (CHAD) , a special assessment . district, on the one hand, and DeBENE, INC. , a California corporation, on the'�ther hand. RECITALS A. On August 15, 1994 , DeBene, Inc, was served with a civil Complaint filed in Contra Costa County Superior Court, entitled Wilson, et al. v. DeBene, Inc. , et al. , Action No. C94-03503. DeBene, Inc. filed a general denial in response to the Complaint. The Complaint alleges in general that there was subsidence of soil, drainage problems, and other development and/or construction defects which have resulted in damages to certain property in the project known as Silver Oaks, Subdivision 6199, Danville, California. The Complaint alleges that repairs will exceed $75, 000 per unit and damages for loss of use .of each unit are accruing at the rate of $300 per day. Damages are also requested for emotional distress and mental suffering, as well as diminution in value of the property. B. DeBene, Inc. is informed and believes that the soil subsidence drainage problems and resulting damage both to the land and to the buildings located thereon may be due in full or in part to conditions which existed on property including natural hills and fill slopes, for which the Blackhawk Geologic Hazard Abatement District (GHAD) had maintenance, ownership, repair, or other duties, including obligations to warn, and express or .implied warranty obligations, among other things. C. DeBene, Inc. is informed and believes that in addition to the damages set forth in the Complaint, that DeBene, Inc. will sustain damages as a result of the above-mentioned action including but not limited to the possibility of a monetary judgment against DeBene, Inc. , the costs and expenses of hiring consultants, laboratory technicians and other experts to ascertain the cause of and solution to the problems alleged in the complaint, as well as attorney's fees. DeBene, Inc. asserts that these damages which DeBene, Inc. has incurred and will continue to incur are those for which DeBene, Inc. is entitled to damages and to implied and/or equitable indemnity from GHAD, and others. DeBene, Inc. asserts that it is entitled to file a claim against GHAD pursuant to the. California Government Tort Liability Act, Government Code §810, et seq. TERMS , CONDITIONS AND COVENANTS In consideration of the mutual promises contained herein the adequacy of which is hereby acknowledged, the parties stipulate and agree as follows: 1. The statute of limitations, statute of repose, and statutes establishing time limi::s for the filing of claims against public entities pursuant to the California Tori Claims Act, pertaining to the actual, potential, direct or derivative claims, rights or defenses of all parties who are signatories to this Agreement arising out of or relating to the alleged damages set forth in the above-mentioned action (Wilson, et al. v. DeBene, Inc. , et al.. ) , shall be tolled up to and including the 60th day after entry of judgment or dismissal in the above-mentioned action, and shall expire on that date for the undersigned parties. 2 . The statute of limitations, the statute of repose, and the statutes establishing time limits for claims pursuant to the Tort Claims Act, as identified in Paragraph 1, above, may be extended upon the mutual written consent of all the parties to this Agreement. 3 . In consideration of this Agreement, the parties hereto all agree to forbear from filing against one another any lawsuit or claims arising out of or relating to the alleged subsidence of soil, drainage problems and other development and/or construction defects, and other alleged resulting damages, including diminution in value, emotional distress and mental suffering, as well as any clalms for. total or partial equitable indemnity, implied contractual indemnity, or express or implied indemnity, and any other claims relating thereto, for the stated term of this Agreement. The term "lawsuit" in this Paragraph includes complaints, cross-complaints, or any other actions, including administrative actions, as well as the filing of claims against any public entity pursuant to the California Government Tort Liability Act arising out of or rele-ting to the above-mentioned action. 4 . This Agreement is intended to apply to existing statutes of limitations, statutes of repose, and claims statutes, and their successor statutes, including but not limited to California Code of Civil Procedure §337, §337. 1, §337. 15, §338 (b) , §338 (d) , §339 (1) , §340 and §343, and Government Code §901, §905, §911.2, §911.4, §912 and §945.6, and their successors. 5. In the event that the GHAD is named and served as a defendant or cross-defendant in the above-mentioned action (Wilson, et al. v. DeBene, Inc. , et al. ) , or any other lawsuit arising out of the same set of factual circumstances presented therein, the GHAD may immediately assert and file any claims, causes of action, complaints, or lawsuits, against DeBene, Inc. as it may deem necessary. In the event that the GHAD asserts any such proceedings against DeBene, Inc. , then DeBene, Inc. may immediately assert '-Iny claims, causes of action; complaints, cross- complaints, or lawsuits against the CHAD as it may deem necessary. DeBENE, I C. Dated: y: '' -�; r �� " B — Willi m DeBene, Secretary Approval as to Form: LINDA DeBENE, INC. Professional Law Corporation Dated: > �7 By; Bonnie C. Maly, Attorney f6 DeBene, Inc. ` BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT Dated• �/ �� 9S By: aj( 2 Richard Nystr6g, District Manager Approval as to Form: GO N, `Q G , WATROUS & PEZZAGLIA Dated• ` By: f Timo by an, Attorney for Blad awk Geologic Hazard Abatement District 1 PROOF OF SERVICE BY MAIL (C.C.P. SECTIONS 1013(a) -2015.5) 2 3 I am employed in the County of Contra Costa, State of California. I am over the age of 4 18 years and not a party to the within action. My business address is 2121 N. California Blvd., 5 Suite 550, Walnut Creek, California 94596. 6 I am readily familiar with the business practice for collection and processing of 7 correspondence for mailing with the United States Postal Service. On November 13, 1995 at the 8 above:referenced business location, I sealed envelopes, enclosing a copy of the CLAIM 9 AGAINST GOVERNMENTAL ENTITY-CLAIM FOR DAMAGES, addressed as shown below, 10 and placed them for collection and mailing following ordinary business practices to be deposited 11 with the United States Postal Service on November 13, 1995: 12 SEE ATTACHED LIST 13 I declare under penalty of perjury that the foregoing is true and correct. 14 Executed at Walnut Creek, California on November 13, 1995. Debbie Mori 16 17 18 19 20 21 22 23 24 25 26 27 28 1 r 1 Kent C. Wilson, et al. v. DeBene, Inc., et al. Contra Costa County Superior Court Action No. C94-03503 2 Plaintiffs Blackhawk Corporation 3 Michael D. Nelson, Esq. James Matson, Esq. Michael J. Cochrane, Esq. Law Offices of James J. Matson 4 Nelson&Leighton 1331 N. California, Suite 600 939 Hartz Way, Suite 210 Walnut Creek, CA 94596 5 Danville, CA 94526 (510) 988-0674 (510) 837-8019 FAX(510) 935-1553 6 FAX (510) 837-8148 7 DeBene, Inc. Geological Hazard Abatement District Linda DeBene, Esq. Timothy J. Ryan, Esq. 8 Linda DeBene, Inc. Gordon, Defraga, Watrous &Pezzaglia 4135 Blackhawk Plaza Circle, Suite 200 611 Las Juntas Street 9 Danville, CA 94506-4679 P.O. Box 630 (510) 736-0720 Martinez, CA 94553 10 FAX (510) 736-0195 (510) 228-1400 FAX(510) 228-3644 11 Gonzalves & Santucci, dba Conco Cement Co. 12 Anthony J. DeMaria, Esq. Filice &DeMaria 13 1130 Burnett Ave.,,Bldg. D, Suite H Concord, CA 94520 14 (510) 676-5094 FAX(510) 676-0548 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 PROOF OF PERSONAL SERVICE (C. C. P. SECTIONS 415. 10) 2 3 I am employed in the County of Alameda, State of California. I am over the age of 18 4 years and not a party to the within action. My business address is 2121 N. California Blvd., Suite 5 550, Walnut Creek, California 94596. 6 On November 13, 1995, I served the attached CLAIM AGAINST GOVERNMENTAL 7 ENTITY - CLAIM FOR DAMAGES AND DECLARATION OF LINDA K. MCCARTHY IN 8 SUPPORT THEREOF on the parties to said action by personally delivering a true copy thereof to 9 the person(s) served: 10 Board of Supervisors 11 County of Contra Costa 651 Pine Street 12 Martinez, CA 94553 13 I declare under penalty of perjury that the foregoing is true and correct. 14 Executed at Walnut Creek, California on November 13, 1 15 Leo Fracess 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 5, 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: $1,547.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Adele Chase Hollander � � ATTORNEY: Mor" F �� Date received ADDRESS: 501 Cliffside Court BY DELIVERY TO CLERK ON 9:e)%AeiW- ,,r'5?995 Point Richmond, CA 94801 BY MAIL POSTMARKED: November 1, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 2, 1995 Bail Deputy OR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( _ ) This claim complies substantially with Sections 910 and 910.2. ( U1 This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 1#- 7 q 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 (r/ ) 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. Gated: /I-DS — /9 9S 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. w i Dated: /4; G`7--/9 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: i+• r *' �c ti. CONTRA COSTA COUNTY PHILLIP S. ALTHOFF SHARON L. ANDERSON ~Y!" BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS VICTOR J.WESTMAN MARTINEZ, CALIFORNIA MICHAEL D. FARR COUNTY COUNSEL 94553-0116 LILLIAN T. FUJII DENNIS C. GRAVES SILVANO B.MARCHESI TELEPHONE (510) 646-2041 GREGORY C. HARVEY ARTHUR W.WALENTA,JR. FAX (510) 646-1078 KEVIN T. KERR ASSISTANTS EDWARD V. LANE, JR. MARY ANN M. MASON PAUL R. MUNIZ November 7 , 1995 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Adele Chase Hollander 501 Cliffside Court Point Richmond, CA 94801 RE: CLAIM OF: Adele Chase Hollander Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2, or is otherwise insufficient for the reasons checked below: [] 1 . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3 . The claim fails to state the exact date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [] 6 . The claim is not signed by the claimant or by some person on is behalf . [] 7 . Other: VICTOR J. WESTMAN, County Counsel By: ?-0 Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and ,correct. Dated: November 7, 1995 at Martinez, California. CC: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE §9 910, 910.2, 920.4, 910.8) Adele Chase Hollander , Trustee 501 Cliffside Court Point Richmond , CA 94801ORS 237-5477 CONTRA COSTA Co. October 31 , 1995 Clerk of the Contra the .... ' County Board of Supervisors 651 Pine Street , Room 106 Martinez , CA 94553 R : Claiof Adele C. Hollaneai dr agnst the em County of Contra Costa for pavement damage Dear Clerk: I am enclosing an original copy of my verified claim to the County, a duplicate of which went to your Engineering and Public Works Agency last week. The alternative solution which is suggested in the claim would save the County some duplication of the expense, since the work remaining to be done on the north side of Appian Way, El Sobrante would have to correct this problem in the process. We have pictures of the holes in their original condition prior to our paving contractor doing a temporary patch job , recently, before the winter rains. We would appreciate hearing from you as soon as possible. Very truly yours, Adele Chase Hollander , Trustee of 4655 and 4653 Appian Way, El Sobrante. ACH: al � - CLAIM FOR DAMAGES To the County of Contra Costa, Department of Engineering , its Public Works Agency and Road Department. YOU AND EACH OF YOU ARE HEREBY NOTIFIED that during the road widening and improvements to Appian Way, El Sobrante, California, the real property at 4655 and 4653 Appian Way, standing now in the name of Adele Chase Hollander , Trustee, has been damaged by you or your contractor , Gallagher and Burke, in the following manner. The grading plan of the street called for lowering the grade of Appian Way, and reconstructing our driveway at a lower level back 20 or, 30 feet upon the above property. The work was finished in 1992 according to plans and specifications prepared by you. We were never consulted on the reconstruction of this driveway, which is used by our tenants, by delivery trucks, and the trucks of the Richmond Sanitary District. The driveway was originally done in the 1960s when the premises were leased for a telephone company facility, and the paving was of a very heavy type, with six inches to one foot of rock base. It stood the test of time and use for thirty years, without any noticeable deterioration. Since the widening of Appian Way called for the reconstruction of numerous driveways along the north side of Appian Way, most of those driveways were for residential use, and were of only a few inches of crushed rock base and two or three inches of asphalt paving. Your engineering plans required reconstruction including the lowering and steepening of this particular driveway. One year ago this driveway had to be substantially repaired, but again this fall and spring the trucks have caused even more damage. While the modest base was all right for light residential use, it has proved to be insufficient for the use of our tenants, their suppliers and the garbage company. During the last eight months this driveway did not survive the new repairs of 1993. Again a large hole and smaller holes developed near the front gate, and only a few feet from the street right of way, where incidentally a hole has already developed in the west bound lame. It is now dangerous. When I notified Mr. John Kerekes, of your engineering department that it had to be repaired. He advised me to handle this myself and file a claim. I had three local paving contractors examine the damaged area and received their bids. The lowest was that of Mark Raine Paving at $1 ,547. 00, (a copy attached hereto) for the area between the street (Appian Way) and our front gate. Since you will again have to lower the grade of our driveway when you finish our side of Appian Way and install sidewalks, all of this work will have to be removed and replaced with a suitably designed driveway. The driveway you created in 1992 is too steep , according to paving contractors and trucking companies, and without redesign will become even more dangerous. It is the opinion of several paving contractors that the new driveway installed by Gallagher and Burke was not only inadequate in base rock and paving for the use we have made of that property for years, but must be totally redone with a complete lowering of the grade and with required side wall protection. It would be a better use of funds if , since you must re- construct this driveway in a major way soon , it would be best to do it in the final form with proper grades and sidewalk now. As owner of the above building , I hereby make claim against the County of Contra Costa, its Department of Public Works and Engineering and Gallagher and Burke, its contractor. Wherefore, demand is made upon the County for the sum of One Thousand , Five Hundred and Forty-seven ($1 ,547. 00) Dollars damage to the property of the undersigned. In the alternative, the County of Contra Costa must redesign this driveway, cut down the grade and reconstruct it , with alignment to the final grades you established for Appian Way and its sidewalk. This is evident two properties east of ours where the sidewalks are in place. Verification I , Adele Chase Hollander , Trustee, declare that I am the owner of the property at 4655 and 4653 Appian Way, El Sobrante, Contra Costa County, California, the claimant in the foregoing claim; that I have read the same and know the contents thereof ; that the same is true; and that it contains, a correct statement of my demand. I further declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 21 , 1995 at Point Richmond , California. ADELE CHASE HOLLANDER, Trustee Owner of 4655-4653 Appian Way El Sobrante, California My address is: 501 Cliffside Court Pt. Richmond , CA 94801 file12/CLAIM. DAM 2 Page No. / of / Pages Mark Raine Paving License No. 445355 437 Rineon Lane El Sobrante, CA 94803 (510) 223.2225 PROPOSAL SUBN.ItTED TO PHONE W DATE D G, C/ i SCc ��oCG9�t/T-�C=) " z u- 7 STREET' JOB NAME �s.ZSlZs•`�I f J/�//Lr C. AlGl�L ? ' ._ vt .1?Y. STATF: AND IIP CODE JOB LOCATION 1_16SSY_ fll��'/JAN ARCHITECTPi_ AV. Of ANS p J2� PHONE D —• we hereby submit specifications and estimates for. �4�c'�. 1....................... .Ct x,.,,36 .. gl.,�r�. ..x. 1:�� n�.,.���ax�. .�:,at.e,..................................... ii ...............?G.......a t!? fK°kT...,., t—cl!../.....�,.!/�,,!tK- G4:r ..... ..,�4ND.....''h�"�'�r���' ..../.IG ................til! .!.Yxr`! t7........ StP!T. L ... tD... ............ ................................................................................................ �:.•off ................?a.., tt!�,ri?z � ... K�..../f�Pi° 'A�C..,/.'i!��. ...4Yl ... �✓a... ...�r�.....:........ rr,. ....fko..r7.ivy.....,,�ZQ .....�t'�'... ............ 3.=.%&7..........................................................................................,........................,...................":�`" ........... ............T�.... i�, f '...ae?-: ' .000W 7 ... '�........... ,e..a.:...........s.........I.. s.vr....> .................. #......Z....gtr.�..r 3�' `'0'�T"... �!'�...�`.,-�..,.IP. c ........................................................................................................... .,.111. .1.........;v?� '!., Z....s ,�. ..................................................................................................................................................................................... .......................................................................................................................................................................................... . ...........................................................................................,.......................................,......................................................... Or prolto r hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: _A"5/X AwPA&D VxoiV /C0�2 dollars($ -7-UP f �Aw ). -Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner accurding to standard practices.Any alteration or deviation from above specific&. Authorized Vons involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire, tornado and other necessery insurance. Note:This proposal may be Our workers are fully covered by Workmen's Compensation insurance. withdrawn by us if not accepted withitt .days. Arriptanre of 11rapaeal—The above prices,specifications and conditions are satisfactory and are hereby accepted, You are authorized Signature to do the work as specified.Payment wit!be made as outlined above. Date of Acceptance: Signature . *� : " \ . , � . . � • .� . % � . � 2 , � \\ . _ . �"\�\ , �� - � . � � ; ��,� � . �\Q � � `� � � .� z a/� $ ' $ V ± � � 9 /� ? y ƒ y \ . � � & � / Q \ &/ 9�� � A \ ƒ2 ���� . a \ � C � » � ova » � 0 / � �� � � Q » � 2 � ® � � � \ ® w »* £ : \ \� \ ¥ \ ± \ � 2 Q � « \ ® �© a \ / 9 @ \ � � « � g � ® / A , / \� \ ¥ : . �� � . ® x + / 2 0 0 : a .7 y � \ � . Q . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 5, 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: $352.95 Section 913 and 915.4. Please note-,a11.)1W req f'. 13SN(100 AINnoo CLAIMANT: Michael Dougherty 9661 n 1 A 0 N ATTORNEY: _ Date received mtw ADDRESS: 4631 Corona Dr. BY DELIVERY TO CLERK ON Nnvpmhar 11 1 AA5 San Jose, CA 95729 November 9 1995 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Nvoember 14 1959 QQ IL BATCHELOR, Clerk DATED: � Ba: Deputy L 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: ��� 1 y • 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: /%(- ©3-/99S- PHIL BATCHELOR, Clerk, BY—Nil, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the dale 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 cntioned, 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: /a- 0& - /1 9,; BY: PHIL BATCHELOR by �,d,ffA,�eputy Clerk CC: County Counsel County Administrator Clain: to: BOARD OF SUPERVISORS=OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Cla;L=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 growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 551 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal_ Code Sec. 72 For= RECEIVE R£: Claim By ) Reserved for Clerk's f' ops 1995 CLERK BOARD OF SUPERV SORS n ONTR S . Against the County of Contra Cosh or ) C=pm� Ce ��Gv(rVre. S(�-6Yb-So"?.50 • Q� (��r�e lc0 �c4. I trict) Fill in name ) nn � cv�S0 C' gel �GfN in The undersigned claimant hereby makes claim st a County of Contra Costa or the above-named District in the sum of $ �� s and in support of this claim represents as follows: 1. When did the damage or injury occur? '(Give exact date and hour) e -To (3ll 2. Where did the dambo or injury occur? Include city and county) 3. How did theqamage or jury occur? (Give full deta ; use extra paper if required) ue�\� Alp 4. What particular act or omis ion on the part of county or district officers, se.^vants or employees caused the injury or damage? ` r.r. _y Via, 5. wnat; are the rip—raes of county or district officers, servants or employees 'causing the ct3::abe or injury? 5. What damage orAties do you claim resulted? (Give full extent of injuries or damages claimed. tach two estimates for auto damage. LUrLd- 7. How was the amount claimed abov computed? (Include the estimated amount of any prospective injury or damage.) �lMp e )r k), 3. dames addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DAZE ITEM AMOUNT Gov. Code Sec. 914:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorne ) or by some person cn his behalf." Name and Address of Attorney /), (1 -1", Claimant's Signa Address_ ' 19Da9 Telephone No. Telephone No. YO NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such impprisonrtent and fine. ESTIMATE OF REPAIRS MERCURY JOE KERLEY LINCOLN-MERCURY, INC. Mailing Address: P.O. Box 5968,95150 3566 Stevens Creek Blvd.,San Jose,CA 95117 • Telephone: 241-8800 COMET P.D. MLDG. # ICOLOR*ITRIM*l CLAIM# 77 NAME ADDRESS DATE 1 '` S MAKE OF CAR YEAR JBODY# ILICENSENO. MILEAGE SERIAL NUMBER .Q <:?a P8N I-L"ZZ'96el INSURED BY CLAIM# ADJUSTER INSPECTOR PHONE OME N411H USI NESS Symbol FRONT Labor Hrs. Parts Symbol LEFT Labor Hrs. Parts Symbol RIGHT Labor Hrs. Parts Bumper Fender Frt. Fender Frt. Bumper Isolator Fender Shield Fender Shield Bump Reinf. Fender Splash Fender Splash Frt.System Fender Mldg. Fender Midg. Frame Fender Midg. Fender Midg. Gravel Deflector Headlamp Headlamp Valance Panel Headlamp Door Headlamp Door Sealed Beam Sealed Beam Hub Cap Side Marker Light Side Marker Light Trim Ring Hinge Pillar Hinge Pillar Door Front Door Front Wheel Door Hinge Door Hinge Lr. Cont.Arm-Shaft Door Glass Door Glass Vent Vent Up.Cont. Arm-Shaft Door Midg. Door Midg. Shock Door Mldg. Door Midg. Door Mirror Door Mirror Tie Rod Center Post Center Post Steering Gear Door Rear Door Rear Door Glass Door Glass Door Midg. Door Midg. Door Midg. Door Midg. Park Light Rocker Panel Rocker Panel Rad. Grille Rocker Midg. Rocker Midg. Rad. Grille Emblem Rad.Grille Brkts. Quar. Panel Rad. Grille Header Panel Quar. Mldg. Quar. Panel Quar. Mldg. Quar. Midg. Quar. Midg. Quar. Mldg. Quar.Side Marker Light Quar. Midg. Quar.Side Marker Light REAR Lock Bumper MISC. SUBLET Lock,Safety Catch Bumper Isolator Inst. Panel Hood Top Z O Bumper Reinf. Front Seat Hood Hinge Gravel Shield Front Seat Hood Midg. Lower Panel Top N Ornament Floor Tire %Worn Rad.Sup. Trunk Lid Rad. Core Trunk 0. Anti Freeze Tail Light Rad. Hoses Tail Light Battery Fan Blade Gas Tank Paint 5 Fan Shroud Frame CC SUMMARY Wheel Laborer Hrs. LSS.Qd Hub Cap $ 8��1 Parts Gross 1 Axle Tax on$ Wind Shield Wind Shield Sublet $ A-Align N-New OH-Overhaul S-Straiahten or Reoair EX-Exchanaa RC-Rachrnma TOTAL Mobile Autoglass Service i (408) 729-7715 Art Garcia i Quality * ciralIsmanship * Prompt Service „ a i t f U r F FRIAMNIS GLASS 1652 Berrywood Drive SAN JOSE, CALIFORNIA 95133 �USTOMER'S ORDER NO. � HANE 7TATEL ✓1 «�� b Ni4'FNE � � ADDRESS f� w .:-..-.__, ............._ ._-.-....... ........_.._- __.... ..............._ --__...................--------- ....... ........... .......".. SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE.RET'D. PAID OUT QTY, DESCRIPTION PRICE. AMOUNT ........ ...... ......_ .. .... ? _..I. n r t I-. - I . .............. _....... I .___......T f_........,..p_....1 .. __............. -__.._... .............. __........ .............-. t .i�_. . I ...... --_ _..._...... _.-._ -......... ...........__ .. .......... .............. -__-.._.... _...."�-.-. ...........-.-..- t I .... ......-.__ --_...... ............. ..-___.... _.............. ........._.-._. ..._......... ..."._......... ...._-..�.... ............... ................. .... ............-._ .___....... ..._ ........- ................-..._... ..._............. _, .............-......... ........_...._ .......-........ .._.......... ,I.... ........... -.-_......... ............. _- .-_.......... I -.._... ........... ..............._................ _.............. ...............__- ................ ...__.... -.. ........ .......... .. I TAX RECEIVED BY TOTAL All claims and returned goods MUST be a_.ocomp�anied by this bill. PRODUCT610 THURSD"- JUNE, 1995 � •-.,-, APPOINTMENTS &SCHEDULED EVENTS JUNE 1995 NME PLACE SUBJECT HOURS ir 08ys Lee MAY 1995 61 M T W T F 3eT 199s --------------------.-.---------------_.------------._---------...---------- ° S M T W T i g fish Mo. 1 2 3 $ M T W T f S � 5 1 z 3 4 s s 4 5 6 7 8 9 10 „Mo. ---- -- --------._...------ - 8 - 7 8 9 10 11 12 13 11 12 13 14 15 16 17 2-3--4_5-6 7 8 ! 14 15 23 24 18 19 20 18 19 20 21 22 23 24"ell 18 19 20 21 iz� ' - o 21 22 23 24 25 28 27 __._._.___-__._______>____.___.____________.______ 28 29 30 31 5m w". 25 26 27 28 29 30 AW. pn,-1„25,,A,2&,9 2s - 5 0800 TO BE DONE TODAY(A CTION Us ' M n 3C _ -_-_____.- 5.0300 - - -- - -- -- -- ---��� 5 ---{. ----------- -------------- -------_---------------------._-_----------------------------------------------------------- - - 5•'low 1 - -------- - ---- -. - 15 30 ,-+1� __—_ I -- ff� 2 45,- ----- 5 15 ----------.i_ __------- _----- - __-_ _• __ _ _.__ 30 45 1200 1 _...—__ .--__--------------—_---- __-___..__.-_____.__ ___.._.______ ._--_—_._______-____-._._.__._.-__-__—_._ �.____� _-•a ___._-_- _.___-_______-_-_-.-_._____-__-________. _..._-._________-_-_________-_________.--_-.___-__._______.__-_-___ 30 45 1300 __-.___----------------------- ---------_---- ---__-____--___--.-_______-_ --------------------- ------------- _.__-_________._____. i 85 1400 0 5 I NOTES &MEMOS MADE TODAY ---------------- -- ---- ----- --- ------------------. _---------------- ------- ---- 15 ------------------------------._.. --- ------ ------ ---------------------------------- --- ---------------------- --------- 30 --------------------- 4 45 ifi00 - - -- ---- -- - -- _ 0 45 1700 ------ -------------------- _.__._-__----- .-___.-.--.___ -------_.._-._..__---.-___._-_- I 1 1DAY iIMEflS.Irc.ALLENT-1,PA 11115-1111 "� A j 1 N 2 �N N t- :IQs py m tc o 1; l t�N N r- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 5, 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: lJnkt-low Section 913 and 915.4. Please n 11 "warnings". CLAIMANT: Georgette Chardon ATTORNEY: Date received COUNTY COUNSEL ADDRESS: 754 Ynez Circle BY DELIVERY TO CLERK ON Nn-,7, mhfMARTIN E7 qMF. Danville, CA 94526 BY MAIL POSTMARKED: NnvPmhPr 11 1 AA5 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 15, 1995 IVIL �eputy OR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Ve 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: N 4 BY: eputy 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. BOARDD ORDER: By unanimous vote of the Supervisors present ( �] This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Gated: / �,� � /q 9,� PHIL BATCHELOR, Clerk, By-O� 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: t,2-0(. BY: PHIL BATCHELOR bydjd...beputy Clerk CC: County Counsel County Administrator r' '+ Claim"to: BOARD OF "RMERVISORS OF CONTRA COSTA COUNTY IkSS UCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person • or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause_ of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this for= RE: Claim By ) Reserved for Clerk's filing stamp C 4 RECEIVE® Against the County of Contra Costa ) NOV 14 1995 or ) District) CLEF;K BOARD OF SUPERVISORS Fill in n ) c��P17RA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: z- 0- 7 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) 9X5 5a . N4a=, z .4 7Z)AAJ 3• How did the damage or injury occur? (Give full details; use extra paper if required) AI 5 T 60.4� 03-d 0e ,2&- �.5�:� !'�� �4-r1Qa4A� Wad � OP. X3,�Q Fi /1•(y G..y' moo; Gd,A&-o4-r e Z ct-J��lc,v -, ✓'c,q N/- 4C)4'i C.> /— on6^o 'f'QJ c &WE4 4. What particular act or omission on the part of county or district officers, se.--vants or employees caused the injury or damage? &i G _S t-Cq-I.3, O,C- hi�/e "�'L= 0•�1 %i f c=- S i•.7 c v�4 a .je 4b!'0 nt Cn— Nit 67€ J,� J ko 4,c F".NiQ4=:1 C-E 104.•� UJ�c PJ�-; � �>_ 7 /141 j A c,,� 5. wnat are :ne tees of county or district officers, servxnts or employees causing the '_43:_--age or in jury? - 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. SN �-�,�', ,r�C.�;l a,=� JA 7. How was the amount claimed above computed? (Include the estimated amount of any pry 4%.L7cti e in jur, or damage.)/1 a".a i ca L _ ��R-s-s •—Q v:' 4.(4 A / M y �' a C,A.3 . Zt ('J C� AA c 0Y C•� I_ 7 R c+4►aM d;:-�1 1,S O 61!`�14 r!- C�/A� ± i-E" ) c A►a, v� .'� c.�`S 1- I�tom- :D �s-A7�.�j f S. Names and addresses of witnesses, doctors and 'hospitals. 0 i E :5A C�"f` IM D �t,.4 t-4✓N C N G.�i C'A L •J c �UrcRDaAr ��' ►tiles v "T _.5,4,1 (:4,%kv"] ✓�a�t, a�f�1 r;9 List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT C Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney)' or by some person on his behalf." Name and Address of Attorney Cla" is Signature (AlUressX. Telephone No. Telephone No J` 1d) , 7—,5-6 25 N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such im. lso•u!)ent- and fine. _ A► Tt1 .a"��t�E . G CT N "Z W C , r�v J d s� ua L'� 4 G a 4> it LnQ un n O b C; 9 APPLICATION TO FILE LATE CLAIM December 5, 1995 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note a " below. Claimant: Betty Butler- Attorney: James Larson „CQU{VTY,.CQ,�,�1 SEL Address: 632 Commercial St. Third Floor By delivery to Clerk on November 7, 1995 AMOunt: San Francisco, CA 94111 $600.00 mail, postmarked on November 6, 1995 Date Received:ed: November 7, 1995 By I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: November 8, 1995 PHIL BATCHELOR, Clerk, By _yid a�c,Q�_:d Deputy II. FROM: County Counsel TO: C1 k of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (�The Board should deny this Application to File Late Claim (Section;Z:�.Deputy DATED: t3 VICTOR WFSTMAN, County Counsel, By III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 91.1.6). This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: �7 4� PHIL BATCHELOR, Clerk, Deputy WARNIM (Gov. Code 5911.8) If you Wish to file a oourt action an this matter, you must first petition the appropriate oourt for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the oourt Within six (6) months from the date your application .for leave to present a late claim Was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you Want to consult an attorney, u should do so immediately, IV. FROM: Clerk o the Boar T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: /a-o -i 9 9S PHIL BATCMDR 9 Clerk, BY Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM Eo % S LL • RVISORS Co. November 6, 1995 Board of Supervisors of Contra Costa County Room 106, County Administration Building 651 Pine Street Martinez, CA 94553 Re: Claim of Betty Butler To whom it may concern: We received your letter of October 30 in response to our claim dated October 19, 1995. You assert that the claim was presented late and have directed us to reapply for leave to present a late claim. We beg to differ. While the property was seized on June 23, 1992, more than six months preceding the date of the claim, we did not discover that it was missing until the undersigned was so advised by Sgt. Varady of the Contra Costa County Sheriff's Office on June 28, 1995. Therefore, our claim of October 18 was timely under the statute. am aware that county counsel has contacted Sgt. Varady, and he should be able to verify these facts, as well as the fact that the property was seized by the sheriff's office on the date reported. In short, it would appear that Mr. Butler's property, which was not determined to be contraband nor evidence in any criminal case, was improperly removed from police custody. Under these circumstances, it would appear to me that whether or not the claim is designated as late, she is entitled to compensation. We reiterate that under the circumstances it would not appear that the claim is late. In the event you deem it otherwise, please consider this as an application to file a late claim. 632 I COMMERCIAL Board of Supervisors . November 6, 1995 r Page 2 Thank you for your anticipated cooperation. Our original correspondence and a copy of the receipt are enclosed for your easy reference. Sincerely, , • JAMES LARSON J L/j Enclosures a , ■ u+ , RECEIVED OCT 2 0 1995 CLERK BOARD OF SUPERVISORS - CONTRA COSTA CO. October 19, 1995 Board of Supervisors of Contra Costa County Room 106, County Administration Building 651 Pine Street Martinez, CA 94553 RE: Claim of Betty Butler TO WHOM IT MAY CONCERN: Enclosed please find a claim form filled out by Ms. Betty Butler seeking compensation for the value of an heirloom handgun which was seized from her premises by Contra Costa County Sheriffs' Personnel in a search of her residence at 316 Meadows Drive,Vallejo, on June 23, 1992. This matter was pending in the criminal courts initially, followed by a forfeiture action. The criminal case was dropped, and the forfeiture actions have been resolved. The weapon was not illegal, nor was it used in the course of committing any crime. As Ms. Butler's counsel, I had a number of conversations with Sgt. Varady of the Sheriffs' Department, who advised me that when he checked the property room, in order to return the gun to Ms. Butler, it could not be found. He conducted an inquiry and was unable to find either the gun or any explanation for it being removed. He advised me that he has referred the matter to the Internal Affairs Section of the office. Ms. Butler inherited the gun from her father, when he died. It is an unusual weapon, in that it is a seven shot .22 caliber. Based on my conversations with Sgt. Varady, there appears to be no legal excuse or other good reason for the weapon being lost. Please contact me or Ms. Butler if you need any further information. Board of Supervisors of Contra Costa County October 18, 1995 ' Page 2 0 Thank you for your consideration of this matter. Sincerely, James Larson JL Jm cc: Ms. Betty Butler P.S.. Please note that we were not advised until June 28, 1995. Clair- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • INSTRUCTIONS TO CLAIMANT RECEIVED JUN 3-0 -1995 (+. 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 growing crops and uhieh accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the muse of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 9+553. 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. Fraud. See ; i E. penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this . e f e * f at � �t * � e � * �t • � * � � e �� e � e e e e � � +� � � e e e e � • � it e * � . R£s Claim By ) Reserved for Clerk's filing stamp , . - -- � RECEIVED ) Against the County of Contra Costs OCT 20P-Q5 , or ) i District) CLERK BOARD OF SUPERVISORS (Pill. in`nam - _� CONTRA COSTA CO. The ursdersigned claimant hereby makes-claim.against the County of Contra Costa or :he above-named District in the sum of $ (cCC and in support of "his claim represents as follows: I. When did the damage or injury occur? '(Give exact date and hour) SA 2. Where did the damage or injury o=ur? (Include city and county) )KkO Vfic(F �L�fp;��11A QHS 3• How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, se_^vants or employees caused the injury or damage? W zZ17q.)aGuN) �. wnaL are _ne mmes of county or district officers, servants or employees causing` f `ale ca=,pe or .njury' ' OSTA 5. What damage or injuries do you claim resulted? (Give full extent of :injuries or damages claimed. Attach two estimates for auto damage. �!`"t ISS✓Ni�2 - .1-y _ �2L �Aal�(scW/ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) -bCCZ C $. Names and addresses of witnesses, doctors and hospitals. T _moi S e1.F n1 J�7Lk �+9 OR 9• List the expenditures you made an account of this acoldent or injury: DATE ITEM AMMW �iD Op �t • • a a cr m e a s +� ee;• eT� a .e s.a e e e e s a a e e • • +rF e f e e e s e Gov. Code Sec. 910:2 provides: anve claim must be signed by the claimant SEAR XMCES T0: . (Attorney) or some person on his behalf." Name and Address of Attorney S -fl't6�J (Claimant's Signature) >oW �i Rx)Q scZ�. CAURYU-JIA Address. 9 4 (( ���� Cour-b wiA Telephone No.(4-1 Telephone No. S16) P33-S446 * saaasa i�``77Irct �tctfactact - aaa NOTICE i I 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 offices, 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 s-.zh impriso�ent and fine. Z.K- • 5�y COUNTY 6F CONTRA COSTA, STATE FCALIFORNIA Tlie following items, which constitute Evidence of Crime, Contraband, or Stolen Property, wr.,rq„diii plain view while searching for items listed on the Search Warrant which was being served nt ✓__ California, on__.____.-------:--_--------__-____-- _ I 16 � �f f f i Leave 1 c0PY r it place searched Officer's Name ORIGINAL. WITH SEARCH WARRANT AND RETURN TO JUDGE It copy for police file Paan y.__.._of RECEIPT FOR PROPERTY SEIZED I i°,t };ni>rrt dptii4 tint n im-d nn sonf(9) wntt,)n1 03 (3) p O O S�U > O O U- . -p -.3 F �+o �, 2 CD Q iot 0 LTA F N i c3i SRb � cy N13 �. •�.s �nem"./��p�i ��. � t APPLICATION TO FILE LATE CLAIM December 5,. 1995 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: Heirs of Patricia Hamer Attorney: David J. St. Louis, Inc. Address: 575 East Alluvial, Ste. 102 Fresno, CA 93720 Amount: $250,000.00 By delivery to Clerk on November 8, 1995 Date Received: Nov. 8, 1995 By mail, postmarked on November 7, 1995 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: November 27, 1995 PHIL BATCHELOR, Clerk, By Deputy II. / FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓J The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Late Claim (Section 911.6). DATED: 1/ 017 S VICTOR WESTMAN, County Counsel, By e/4- Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( �) This Application is granted (Section 911.6). ( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. DATE: PHIL BATCHELOR, Clerk, By Deputy WARNM (Gov. Code S911.8) If you wish to file a oourt action an this matter, you must first petition the appropriate court for an order relieving you frcm the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the oourt within six (6) months frcm the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so im mediatel . IV. FROM: Clerk of the Boar TO: 1 County Counsel 2 County A nistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• DATED: /a- o(a - /9 9S PHIL BATOMDR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator M. Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM RECEIVED~ LAW OFFFCES OF "�V DAVID J. S T. LOUIS, INC. CLERK BOAR OF SUPERVISORS A PROFESSIONAL CORPORATION - CONMC COSTA CO. DAVID .I. ST. LOUIS 575 EAST ALLUVIAL TELEPHONE: 431-5563 JOSEPH A. WEBER SUI`PE 102 FACSIMILE: 431-2267 FRESNO, CALIFORNIA 93720 AREA CODE: 209 November 6, 1995 APPLICATION FOR In the Matter of the Claim of ) LEAVE TO PRESENT the Heirs of PATRICIA HAMER against ) LATE CLAIM COUNTY OF CONTRA COSTA, owner and ) operator of MERRITHEW MEMORIAL ) [Gov. code § 911.4] HOSPITAL ) CERTIFIED MAIL Return Receipt Requested CLERK, BOARD OF SUPERVISORS 651 Pine Street Martinez, California 94553 TO: BOARD OF SUPERVISORS I. Application is hereby made for leave to present a late claim under Section 911.4 of the Government Code. The claim is founded on a causes of action for medical malpractice and wrongful death which accrued on April 10, 1995, and for which, according the County, a claim was not timely presented at least with regard to some of the negligent acts alleged. For additional circumstances relating to the cause of action, reference is made to the proposed claim attached hereto as Exhibit A. 2. This document is submitted as an Application for Leave to Present Late Claim because the County has determined that some "of the events and occurrences occurred beyond six months from the date of this claim," as required by sections 901 and 911.2 of the California Government Code. (Notice to Claimant, November 7, 1.995.) Please note that neither of these sections requires the claim to be presented within six months of an "event or occurrence." They require the claim to be presented within six months of the action's date of accrual. 3. Section 911.2 states that a claim shall be presented not later than six months after the accrual of the cause of action. Section 901 defines this date of accrual as "the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitations" that would apply if no requirement that a claim be presented to a public agency existed. Therefore, the cause of action accrued within six months after the action would be deemed to have accrued under section 340.5 of the California Code of Civil Procedure. Under case law interpreting section 340.5, the statute does not begin to run on the date of the alleged negligence. As "applied to wrongful death actions arising from alleged medical malpractice, "injury" as used in section 340.5 refers to death, with its allegedly wrongful cause, which gives rise to the lawsuit." (1 McDonald Cal. Medical Malpractice (1992) § 7.4, p. 421.) 4. Ms. Hamer's injury therefore manifested itself on April 10, 1995, the date of her death. Under section 340.5, her cause of action would be deemed to have accrued as of that date. Her original claim was served on October 3, 1995, within six months of April 10th. Under section 901 and 911.2 of the Government Code and section 340.5 of the Code of Civil Procedure, Ms. Hamer's original claim was timely. 5. This application is present within a reasonable time after the accrual of the cause of action, as shown by the declaration of Joseph A. Weber attached hereto as Exhibit B and made a part hereof. DATE: November 7, 1995 LAW OFFICES OF DAVID J. ST. LOUIS, INC. J s A. Weber, Attorneys for Claimant Heirs of Patricia Hamer cc: Emma Hamer 897 Bierglen Way Sacramento, CA 95834 EXHIBIT " A " EXHIBIT " B " LAW OFFICES OF DAVID J. ST. LOUIS, INC. .A PROFESSIONAL CORPORATION DAVID J. ST. LOUIS 575 EAST ALLUVIAL TELEPHONE: 431-5563 IJOSEPH A. WEBER SUITE 102 FACSIMILE: 431-2267 FRESNO, CALIFORNIA 93720 AREA CODE: 209 November 6, 1995 In the Matter of the Claim of ) DECLARATION OF JOSEPH the heirs of PATRICIA HAMER against ) A. WEBER IN SUPPORT COUNTY OF CONTRA COSTA, owner and ) OF APPLICATION FOR LEAVE operator of. MERRITHEW MEMORIAL ) TO PRESENT LATE CLAIM HOSPITAL. ) I, Joseph A. Weber, declare as follows: 1. 1 am an attorney at law licensed to practice before all the courts of the State of California and am associated with the Law Offices of David J. St. Louis, Inc., attorneys of record for Claimants, heirs of Patricia Hamer. I have personal knowledge of the following facts, and if called as a witness I could and would competently.testify thereto. 2. This application is presented within a reasonable time, not exceeding one year after the accrual of the cause of action, April 10, 1995. 3. The reason for the delay in presenting the Claim is that the County of Contra .Costa miscalculated the date of accrual of the heirs' action. Though the original Claim was filed in a timely manner, the County returned the Claim and requested the filing of a late claim with regard to some of the negligent acts alleged. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on November 7, 1.995, at Fresno, California. oseph . Weber ht',.. w p! ® Y & I 92 5`�8 -z i. 00 3 `4 , k _ r, v f Az `� -' s 1 � " j} r{R P 7E ` S E �. 'iu! k2 A y, k 2 & Y t 4 J } K x `§ £ [t y i . 1. r; d y. r j 9 I i #f � -.f id. 2 i !,I �. el I k , 88', - ---, ;, A .0 Glx ( 3 * T # F E f ` t r t 1^1 a ',� r ', �" �, i` , 2 } �f . 4 _ a 1 1 { 1 tI d S 'E i 1 '�' $ 3 ` x Styr '' r, ,�° y &Y .O. ! t � k Y } -q r t .^3.i t ,f s z S f r. a-- , 4 ## i k f TI # \ f Cfya ''f'i't. I k yII� "'� �G ; S " :f§ '' 2 . ^, i t,.c # t r Pi Ul H1. M y, z � �w ,A 4£ F 3, tit 4 °. f1 �•"r (p a �S�" ," z �° ° ,,a z -,,1M%4 �r aY F . ' p �ro x o d 1 r+•` t 1q � 2 ` fid- x '' 7 H t :f""� R1 s r s s ? r r tmu _ N �1 Cn ' t d i t 4a . '4 all € R II.. rr , S�. g_ Al K fZ n11, 4 m. „R y I x N (D r:-r m —1 j 1-h ft F-h �-+ r. #c e 2 s:; aOJ 4 �sf¢ �O� a �' 6 ` F f x ! r , .� } dna : FF1---i!� /V/++l Z N< a '* z' 3.# 21. 1 I- ¢ Cyt 3 h-+ ?� �',#f £ ..I% ' Y '' N• � w VLT' N d 4� F e r g"r , g_.� f „ C O �` r t`lm 1 '.i .k.a :. 0 0 0-o—'S C�oio:.o„ � s r k N' f "'' 1 i #' et {1d f & V• O i v a t 1 1 Pn A, a s x ,, + � ` r 's34 . 'a .' .atx 3 . ."r I'll �» C r # S #o t°t d a y §r�, & ;�.1': *s I # f rr r Y'�h oy o o, �S r�p'o'C, .� rv' ti s ,� ;.t i X11 E i• 1 :. irk , FW x d h*. a �, rip vwtt_ # 1 ' i t 'I ( a s 't'R E F # { m �` s T s 4 rr-4 .. t z. t t o s w -�'ra i. *N S sr S '"#a i,.'` # x z 'k y f`� I" r 4 F s r tr } x r N� a t ( A !p � {! b f11 i 'fi d'q .j #S # `i, U5 I -Lr_ F ?D©pJ©°OD OOO©� u4. Sw`3 !4, - r d:# a r.. d4 1'# t * t x- £ rj e w'.i �� P G, ,i a. © tj jW Z 5 r .� a r i '; s r ' {f ¢ io 00000000�0000;: 7J 5 w � R. ) . _ .. ? D a oou°F. °000ao oo°p,, x i -;r -rO000 t c11 t z ! J 3 �.. .fi.�_ _ —^ `� , �. ." ,