HomeMy WebLinkAboutMINUTES - 10101995 - C16 CLAIM C fa
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA October 10, 1995
Cl�;T ooi�;Tst the County, or District governed by) BOARD ACTION
:` S::;ervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
arc E,<<c 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: $272.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: Leona Whitten
ATTORNEY:
Date received
ADDRESS: PO Box 361 BY DELIVERY TO CLERK ON Se=tember 21 1995
Bethel Island, CA 94511
BY MAIL POSTMARKED:_Sentember 20, 1995
1, FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. pH gg
DATED: September 21, 1995 BTII DepuiyLOR, Clerk
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
(✓f 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 910.6).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: Deputy County Counsel
I11. 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:/0 -% —/ 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 1 am now, and at all times herein mentioned, have been a citizen of the
United States, over age 16; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated:—/ -- /. /99.E BY: PHIL BATCHELOR Dy ,_Q , Deputy Clerk
CC: County Counsel County Administrator
r
j
C;ha to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLADAANT
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=
� 1F !t *y*
R£: Claim By } Reserved for Clerk's filing stamp
LEoNA Wlgiloy RECEIVED
Against the County of Contra Costa ) 2 t
or )
CLERK BOARD OF SUPERAStRS
District) CONTRA COSTA.CQ:
Fill in name
The undersigned claimant hereby makes claim against the County of Contra Costa or
2/7
the above-named District in the sum of $ - nd in support of
this claim represents as follows:
1. When did the damage or injury occur? -(Give ,exact date and hour)
�U�- q9. 2
2. Where did' the damage or injury occur? (Include city and county) 04).�L
3. How did the damage or injury occur? (Give Hill details; use extra paper if
rewired)
f-2drm � lqae� ����E���� �/20 Iq
u. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage? &
v �� i� c 71 e� - C� J� A it
,'i C-/V S 44�N� 7NC a011
wnaL are "e names oi' county or district officers, servants or employees causing
the -damage or injur)
1
—_—________________w —-----
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
V cses
7. How was the amount claimed above computed? (include the estimated amount of any
prospective injury or damage.)
--ruio
6. Names and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or injury:
DATE .1-TEM
AMOUNT
fi
Gov. Code Sec. 910.-2 provides:
-0 CRAM,i'3 1,
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney or by sWe person on his behalf
Name and Address of Attorney
�t2 ,
(Claimant's Signature)
(Address)
C wcz
Telephone No. Telephone No. L5Fp'�2�F'6��I�'�'
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 i.,:priso_-u,)ent1- and fine.
ADDENDUM TO THE CLAIM OF 46-01VA
(Print your full name)
( 1) Do you use the roadway as part of a d ily commute?
Yes ( ) No ( )
( 2) Were you aware that construction would be commencing on
the roadway?
Yes ( ) No ( )
( 3) Was an alternate route available?
Yes ( ) No ( )
( 4) Did you read about the impending resurfacing in the local
newspaper?
Yes ( ) No ( X
( 5) Did you see warning signs advising of loose gravel and a
25 mile per hour advisory sign?
Yes ( ) No ( )
( 6) Did the damage result from another vehicle exceeding the
25 mile per hour advisory?
Yes ( ) No ( )
(7) Did a vehicle traveling in the same direction and exceeding
the 25 mile per hour advisory sign attempt to pass you?
Yes ( ) No (7
(8) Did a vehicle coming from the opposite direction cause
gravel to be thrown onto your car?
Yes ( ) No ( )
( 9) Was the vehicle located directly in front of you exceeding
the speed advisory?
Yes ( ) No ( ' )
( 10) Did you travel the roadway more than once during the
resurfacing prior to the damage sustained to your car?
Yes ( ) No ( )
( 11) Did you obtain the identity of the car relating to
questions 6 thru 9?
Yes (• ) No
If yes, please provide identification below:
( 12) Please describe in your own words how the gravel caused
damage to your vehicle and the angle the gravel- was thrown
onto the car, along with the specific damaged parts on your
vehicle. `/
(r V EL
l'9�%l1/ %/1/G°
7)i(2 C-e�ria/V)
W/9s 4-755 /6 - (O- Oalvry a/jez 'd
( 13) Were you aware that using the road during the chip seal
process might result in damage to your car?
Yes ( ) No
I declare that the above information is true and correct
under the penalty of perjury.
( Signature)
(Dbe)
LAWRENCE VOXAM
FAMILY OWNED AND OPERATED SINCE 1921
2791 N. MAIN STREET • WALNUT CREEK, CA 94596
(510) 939-3333
VOLVO
GENUINE PARTS ,
Nothing can replace them.
Notice:A handling charge of 10%will be made on all returns.
No refunds after 10 days. No refunds on special order items or electrical parts or smog parts.
DATE ENTERED YOUR ORDER NO. DATE SHIPPED INVOICE DATE EnTeremk
14 SEF,; 95 114 SEP 95 P.G
S ACCOUNT N0. SOF 1 OF' 1
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D P
T T
0 0
4 TM W>LLID
SHIP VIA - SLSM. BIL NO. TERMS F.O.B.POINT
WAI_ NU i CHEEKY
:OVANTITY PART NUMBER DESCRIPTION LIST NET
1 1 0 351.8847 .°; 4JI:Nia3)[:►ik:.1:: fiHL.r.I 31Q. 12 <Si0. i. "� s"Tt�• 1.:?
6846651. LtN'PLAC1N6 F'AR'f•-• 40* FOR ABOVE: PART-1\1
I N V O 1 C E: 0 U O 'I' . �c�:;<:,�ta:. � 7 3n 53
5- 50"-
. . . .
. . • . _'t SALE• . o • o
. •20Y. OFF OF SUGGESTED RETAIL. . PARTS < .
•FOR ALA. VOL.VO MOli}:•L S Y WAtiON OR SE:.1:1.AN SUBLET
. • . • .ALL COVER COI_.ORS• . . . . FREIGHT
ASK US FOR 1:1E1'Afl..S. SALES TAX
ICUSTOMER'S SIGNATURE
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r, CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
October 10, 1995
Cis<T a^1•,f�st th? County, or District governed by) BOARD ACTION
`_:;; rvisors, Routing Endorsements, ) NOTICE TO CLAIMANT
Q',6 ELc'0 Action. All Section references are to ) The copy of this document mailed to you is your notice of
Califc-nia Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $1,403.94 Section 913 and 915.4. Please note all •Warnings".
CLAIMANT: Jacqueline Valentine
ATTORNEY: Paul N. Dane
Date received
ADDRESS: 706 Main St. , Ste. B BY DELIVERY TO CLERK ON September 20, 1995
Martinez, CA 94553
BY MAIL POSTMARKED: September 16, 1995
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: September 21, 1995 lyILATCHELOR, Clerk
g: Deputy 4.1,�
11.� FROM: County Counsel TO: Clerk of the Board of Supervisors
( VJ- Th--'.s 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 910.6).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ✓4 Other: OVK
'1 l 5 • lel lJ�/�
1 Gd.2 ,
(!`
03e CtakAlk
Dated: 'a1 `Ct S BY: �-- Deputy County Counsel
I11. 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 Superviscrs 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:—ZQ-/D - 199.5� -PHIL BATCHELOR, Clerk, B 4A �QDeputy 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 an now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today l 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: /,0 -12 /q9 4' BY: PHIL BATCHELOR bDeputy Clerk
CC: County Counsel County Administrator
-TO: Jacqueline Valentine
c/o Paul Dane, Esq.
706 Main Street, Suite B
Martinez, CA 94553
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 September 20. 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) That is true with regard to
the portions of the claim occurring in March, 1995, more than six
months prior to the submission of your claim.
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:-
DegGty76lerk
Dated:
Enclosure
NOTICE OF LATE CLAIM Page 1
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 \ l ifA, "194
Deputy lerk
NOTICE OF LATE CLAIM Page 2
RECEIVED
LAW OFFICES SM 2 0 Im
PAUL N. DANE
706 MAIN STREET, SUITE B CLERK BOARD OF SUPERVISQAg
CITY HALL BUILDING CONTRA COSTA Cp,
MARTINEZ, CALIFORNIA 94553
September 14 , 1995
TELEPHONE FAX NUMBER
(510)370-6359 (510)370-7285
Wendell Brunner, M. D.
Director of Public Health
597 Center Avenue , Suite 200
Martinez , CA 94553
Re : Claim of Jacque 1 ;ne Va.7.ent i ne Amended. Letter
Dear Dr. Brunner:
I am writing to you on behalf of my client , Jacqueline
Valentine, who is seeking resolution to an outstanding debt that
Contra Costa County has refused to pay. She has repeatedly
submitted mileage and . telephone calls to the Home Health Agency,
and has sent a letter of explanation, all to no avail . My client
is currently out of work and needs to be paid for this claim as
soon as possible . It is my understanding that this claim dates
back to March of 1995 .
'Ms . Valentine informs me that she never had any problem with
her previous mileage reimbursement request, and that because she
has filed a suit against the County of Contra Costa on an unrelated
matter, she is now having trouble with regard to her travel
payment . She feels that the County is not dealing with her in good
faith, and that her claims are now being scrutinized by "auditors" .
causing a long delay in payment . She realizes that her claims have
been scrutinized. She has been asked to resubmit less mileage than
what she actually traveled based on this scrutiny. My client
refuses to perjure herself .
I am asking that my client be paid for the months or March,
April and May, 1995 . The March claim is for $497 . 20 ; the April
claim is for $503 . 14 , and the May claim is for $403 . 60 . The total
of these three claims is $1 , 403 . 94 .
I am asking that this claim be paid within ten ( 10 ) days of
the date of this letter or that I receive an appropriate
explanation as to why they are not being paid. If this is not
resolved in the next ten ( 10 ) days , I plan to file a claim against
the county in a lawsuit in the appropriate forum.
Further, my client was told that she would receive her hourly
wage for the completion of the outstanding nursing record, and
Wendell Brunner, M.D.
September 14 , 1995
Page Two
that she would be receive information as to the number of hours
that the agency would allow for the completion of the record. To
date , she has not received any information regarding this issue .
I am asking that she. be provided the information along with the
payment for the three above mentioned months.
If you have any questions, please call the undersigned at your
earliest convenience .
Very truly yours ,
PAUL N.DANE
PND: bas
Attachment
cc : Jacqueline Valentine
Deborah Card
Contra Costa County Board of Supervisors-/
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CLAIM C
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
October 10, 1995
[ia;T a^%i^st the County, or District governed by) BOARD ACTION
`_ tervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
or,d 6uc,b Action, All Section references are to ) The copy .of this document mailed to you is your notice of
Califcrnia Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $500,000.00 Section 913 and 915.4. Please note all -Warnings".
CLAIMANT: John J. Stice and Patricia L. Stice
ATTORNEY:
Date received
ADDRESS: $95 Mitchell Canyon Road BY DELIVERY TO CLERK ON September 20, 1995
Clayton, CA 94517
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.
September 21 1995 PPHHlI ATCHELOR, Clerk
DATED: P BY: Deputy
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
Other:
Dated: d 1 - BY: Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
1V. BOARD ORDER: By unanimous vote of the Superviscrs present
(X) 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: /(j_/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
1 declare under penalty of perjury that l am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: /Q BY: PHIL BATCHELOR b - eputy Clerk
CC: County Counsel County Administrator
C "7 Lr L.O i IA)Arw Vt ourr's Y 4.ri!!L�
,> INSTRUCTIONS TO CLAIMAN
A. Claims relating to causes of aetior; 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, mjst 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 §911.2. )
B. Claims must be filed with the Clerk of.the Board of SupervIsors,at its office,in :.
Room 1060 County Administration Building, 651 Pine StreeLt. Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the nam 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 penzi ty for fraudulent claims, Penal Code Sec. 72 at the end of this
T-0 W
f • * . +erg • * • * * • rr +� * aaa • * aaa * *
R : Clam By ) Reserved for Clerk's filing stamp
John J. Stice and Patricia L. Sti)ce :
} RECEIVED
Against the County of Contra Cos`�a } ', 2085
or }
SUPERVISORS
District) CONMCOSTACO.
(Fill in nazie 1
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 500 . 0 00 .00 and in support of
this claim represents as follows:
_.,_--------------------- ------,.-.._ For 1 through. 4-see attachment.
1. When did the damage or injury occur? (Give exabt. date and hour)
------------------- —-------Mi--r------------i—--------Ir—MM---_—_—_
2. Where did the damage or injury occur? (Include city and county)
-----------------------------------l--s--------- i----------------
3. How did the damage or injury occur') (Give full details; use extra paper if
required)
its.`. —. :f-: �r' r ..
---yi----- —i—i—X111'-- Y------it�li�.s�irYl�—�Y—i��i!!llMM--------- '
�4- What particular.act or omission on the. part, of county or, district officers,
servants or employees caused the injury.:or damage? ,!,
(over)
• 5. Vat are the nes of co•. tY or district officers, servants or employees causing
the damage or Injury?
FOR 5, 6, 7 , 8 and 9 see attachment
�. ..r_..._rs—_ir_.w.-__-aw_----o_w.-_--re_w_. -w__irr_----dr____w_.r� '
6. What damage or injuries do you claim resulted? '(Give full extent of injuries or
daz.-=ges claimed. Attach two estimates for'ajt6 dam3e.
County gov. placed a sewage "drainage field over the'we11 on the property
of Clainants making the land not saleable
�.._..__..,_....�.._�.._
--------w.-----_---- _..rr---- ------
7. How was the'amoant claimed above corp:te�?r (Iziclude .the estimated amount of an
prospective injury orde. ) "
It is computed in regard to carrying costs on, the land and the
negligence of the County ruined a sale of the' property , It directly devalued
the value of +thy- e property. No one is going to buytrj
' Stice vs. Contra Costa County, Ca.
1 . May 15, 1995--discovered about 2 :00 P.M.
2 . At claimant' s property located at Leon Way, Parcel "A"
at Clayton, Ca. Contra Costa County.
3 . In 1993 Contra Costa County Servants and agents so designed
constructed and maintained a drainage sewage system and field over
the existing well on the property so that sewage would seep into the
well used for drinking. The Co. officials failed to use and proper -
plan and design and placement of the well, failed to investigate and
failed to warn claimants of the danger and defect in said well and
sewage system.
4 . C.C. County servants----Fran Parker, County employee was in
chage of designing the sewage system and in placing it over thewell
making the well useless and the property useless.
The acts or ommissions were failure by Co. employees to properly
install the sewage drain field so that it was not right over the well
and placing it over the well at all . Further, Defendnats failed'-to warn
of the condition created by the County' s neglignece.
5 . Fran Parker is the only Co. employee I know of .
There were others but I do not know their names.
6 . Loss of the value of the property we value at $780, 000 . 00 .
7 . Carrying costs on land; development costs on land expenses
both prior and since the discovery of the damage.
8 . Fran Parker, Co. Employee
Robert Lawrence, Prudential of CAlif .
Vince Cunha, Pinor Calif.
Anthony BAntajello
PAGE 2
9 . Road const. costw 120, 000 . 00 Comae
Well Costs $60 , 000 . 00
Engineering Costs, $70 , 000 .00 7
Carrying costs, U 00 J 'D CO&e- 4v'Je-"J e "-i'
Atty fees $50 , 000 .00
Septic Costs $25, 000 . 00
fl�ayMton
JStie $ Patricia5 lche 1 Canyon Road, a. 94517
Dated Sept. 20 , 1995 672-5088
CLAIM C ,J (p
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA October 10, 1995
Clz4T A^!4t the County, or District governed by) BOARD ACTION
`>;;ervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
aid 6Lc, ACti,�)n. All Section references are to ) The copy of this document mailed to you is your notice of
Califcrn.ia Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $1,523.01 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: State Farm Insurance Companies
05-6677-576
ATTORNEY:
Date received
ADDRESS: 6400 State Farm Drive BY DELIVERY TO CLERK ON September 20, 1995
Rohnert Park, CA 94926-0001
BY MAIL POSTMARKED: September 19, 1995
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. PpH gg
DATED: September 21, 1995 B�1L OepuLyLOR, Clerk
11. 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: BY: Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Superviscrs 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, B &AJy , Deputy Clerk
WARNING (Gov, code. section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personalty 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 1B; 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 Dy ' _ eputy Clerk
CC: County Counsel County Administrator
Clair. 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 aecrval of the cause of:acti°on. (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 nane 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
F Tns & A5 s� ►� )
RECEIVEp
f- EV iV 148 em co vV• ) SEPAgainst the County of Contra sta z Q
or CLERK BOARD OF SUPERVISORS
District)
CONTRA COSTA CO.
Fill in name )
The undersigned claimant 'hereby makes claimagainst the County of Contra Costa or. .
the above-named District in the sum of $ 3 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)
1N9__v__ 42 ,5�--T-_ i Com-,
3• How did the damage or injury occur? (Give Hill details; use extra paper if
required)
--------------- -- - - --
u. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
'-I'j _L 5- Y7Ar6XA�-
J U L 3 1 1
OA
¢¢'''"";; K A gg ww
i
5, wnaL are the na.-nes of countyor distridt officers, servants or employees causing
the damage or inn jurj ?
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed; Attach two estimates for auto damage.
-t A14
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
$. Names and.addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or injury:
1 DATA., IT£ AMOUNT
`vela'cr "`'3 / c 3 x
Gov. Code Sec. 910:2 provides:
M "The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or bysome erson his behalf."
Name and Address of Attorney
Cla' s Signature
Address,
Telephone No. Telephone No.570-�0 3q"Z~2(Oq.
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 it-priso.-unent and fine.
CLAIM NO 05-6677-576 POLICY NO G066-057-05 LOSS DATE 06/28/95 DRAFT NO 1 02 948989 J
PAYEE M & J BODY SHOP DATE 09/10/95
FAO EVALYN ABRAMOWITZ AMOUNT $******240. 5C
1925 EVERETT STREET
ALAMEDA CA 94501-1532
COVERAGE
TIN 05-942957666 COLLISION (LOMV)
400-3 $240.50
REMARKS PAYMENT FOR SUPPLEMENT REPAIRS
CREATED BY William D Ervin REPRINT OF DRAFT NO 1029489881
�•� •�- STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY 1 02 948989 J
NORTHERN CALIFORNIA OFFICE BANK OF AME&�II,,CA-%&,,SA` 1-35/1210
ROHNERT PARK, CA CUSTOMER SE&VLCE`{4MERYC� 1233 DATE 09/10/95
INSY••NC1� Oakland 02-192 CONCORD, CA "
{{,� COVERAGE
Jr.- COLLISION. (LOMV)
CLAIM NO 05-6677-576 POLICY NO G066-057-05 CLAIM UNIT •177 400-3 $240.50
LOSS DATE 06/28/95 OAKLAND S 0
INSURED ABRAMOWITZ, EVALYN
*************************************************************EXACTLY TWO HUNDRED FORTY AND 50/100 DOLLARS *< **:? ?
Pay to the M & J BODY,,-SHOP
Order of.- FAO EVALYN ABRAMOWITZ
1925 EVERETT STREET 0 �h�`�
'/
ALAMEDA CA 94501-1532 TIN05-94295666
AUTftS WL!�RVV IQ9 J
_ APPROVED BY
OSA CLA N S ,�
CLAIM. NO 05-6677-576 POLICY NO G066-057-05 LOSS DATE 06/28/95 DRAFT NO 1 02 649112 J
PAYEE
DATE 07/08/95
EVALYN ABRAMOWITZ AMOUNT $****1, 032 . 51
558 KINGS RD
ALAMEDA CA 94501-3731 OUTGDIN
COVERAGE
TIN COLLISION (LOMV)
JUN 0 p 19S5 400-1 $1,032.51
REMARKS V
OAKLAND
CREATE BY Vivian Kaufman
�•� �•� STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY 1 02 649112 J
NORTHERN CALIFORNIA OFFICE BANK OF AMERICA NT & SA 11-35/1210
ROHNERT PARK, CA CUSTOMER SERVICE AMERICAS 1233 DATE 07/08/95
INfY••NC1� Oakland 02-192 CONCORD, CA
COVERAGE
COLLISION (LOMV)
CLAIM NO 05-6677-576 POLICY NO G066-057-05 CLAIM UNIT 177 400-1 $1,032.51
LOSS DATE 06/28/95
INSURED I ABRAMOWITZ, EVALYN
ONE THOUSAND THIRTY-TWO AND 51/100 DOLLARSfdbatt* i<<„`';`'
Pay to the
Order of: EVALYN ABRAMOWITZ
558 KINGS RD
ALAMEDA CA 94501-3731 TIN
AUTH VKAUF
APPROVED BY
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7755 A PARDEE LANE
OAKLAND, CA 94621 ��
6]9-270W FAX : (510) 639-2703 rn�
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SUPPLEMENT OF RECORD
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HAWKINS N7/N8/95 11 :38 a. m. � �
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EVALYN ABRAMOW[TZ Claim #05-6677-576N1
Policy #
�58 KTNGS RD
ALAM£DA, CA 945N1 Date of Loss : 6/28/95
(5i�) 865-4525- Type of Lnss � COLLlSIOM `—�
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TOTAL COST OF REPA,TRG 282. 51��
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ADJUST�f IENTS: >00
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TOTA� ADJUSTWEHTS � 25N' � � g `
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NET COBT OF REPAlRS
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0T LINE FOR BODY SHOPS ONLY 510-6J9-2550. �
. � RQLURF TO WSW THIS ESTIMATE TO 0E KEPAlR FACILITY PRIOR -
[] V8UCiENAYREWIRE SPECIFIC W[L8U6 TO THE REPAIRS COULD RESULT IN AN ADD TDXNALCOST TO YOU! '
?EEWENFIED BY 0EHANUFACTUffiR.
on NDTOR CRASH ESTIMATING GDPE i,em- 31derived �ion the Guide DRDD90. [late
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BODY & PAINT SHOP
1925 EVERETT STREET
ALAMEDA, CALIFORNIA 94501
BUSINESS 865-8555
August 31 , 1995
State Farm Insurance Company Evalyn Abramowitz
7755 A Pardee Lane Claim#05-6677-57601
Oakland, California 94621 90 Geo Storm
Attn : Howard Hickerson
Supplement to Original
Replace Lt Bumper Absorber 90. 25
Replace Rt Bumper Absorber 90.25
Replace Bumper Inner Filler 38. 25
Replace Bumper Retainers . (6) 3. 42
222 . 17
Parts Total $222. 17
Sales Tax 8 . 25% 18. 33
Total Supplement �$2-450
SEP 5
Coc i
Auto. Center
327 34th Street• Oakland, CA 94611
Retail Parts(510)450-6650
Business Hours• 8:00-5:30 •Monday- Friday
Saturday 9:00-4:30
Toll Free Wats (Whsl. Only) (800) 781-4343
CHEVROLET GC® BUICK ITlc7OM Jeep EAGLE . I S U Z U PEUGEOT . CHRYSLER Plymouth
DISCLAIMER OF WARRANTIES
Any warranties on the product sold hereby are those
made by the manufacturer.The seller hereby expressly
disclaims all warranties, either express or implied, in-
cluding any implied warranty of merchantability of fit-
ness for a particular purpose, and the seller neither
C 1\10 REI-LIRN(_ i WITHOUT PR I CIR Ai ITHIDR I-ZAT I CIN I assumes nor authorizes any other person to assume for
L rERMS:. NET :_to DAYS, UNLE CIT HERW I:1E NCI TED it any liability in connection with the sale of said prod-
ucts.
RECEIVED BY
X)
CUSTOMER NO SOLD BY PURCHASE ORDER,NO• INVOICE DATE;,' INVOICE,NO.
tt L. AIR C)8/24/9t. GMW211029
SOLD TO: SHIP TO:
111I& I BODY AND FA I N`rM«.I BODY (AND PAINT
1':25 EVERETT ,=31.REE"t1'�:_`� E VEREI—I 'E":-I REE-1-
ALAMEDA CA 45C11 ALAMEDA CA 94551
Ali/'c;l`Ctt�M/DA'c:E T._I
QTY - PART NUMBER -` c',, DESCRIPTION PRICE LVET TOTAL
94466.162-' ABE-;l'_IRDER— Ell C)9 o 784Cf �0 2t' 67. G'�
�: 6.
1 5'44Cti7.74 F"1 LLEF1—RE I�1h�F't�I t►7;��1.. i•{. '28. 6,: 2�:.
6 414551 CLIP 0`.-%4 07 21 4
W-'v
cam. ` IG tr P _, egg
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1}
GHARGE .11F:; EXTENDEu:;,..,166, 65
ALL.CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS INVOICE..
NQkREEUR S QV ELECERICAL"31: ECIAL ORDER PARTS.NO RETURNS AFTER 30 DAYS.
20%RESTOCKING CHARGE ON ALL RETURNED PARTS. r O'r p 166. 65
C CT QQ QQ��ATf��!((`�ttY.F.EES� NF�CE�SA Y TO PAID T •,a
T� CW%CONDITION ON VERSE TISEl t�a
PRINTED LED CI1.= 11 ::C4 A�I q ].
Cl7
STOMER COPY
`�'11(►'29
SHOP
C Aik it
stclfe 6:3,j J `:60
el CUSTOMER'S ORDER NO. PHONE DATE
NAME
A ESS
$fLLD-ay— C-01) CHARGE ONAC PAID OUT
DESCRIPTION PRICE AMOUNT
............ ..............- .............................
..............
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..........I....... ......
7, ....................
............-
........................— .................................. .......................... .......... ............-
TAX
I
RECEIVED BY
TOTAL
All claims and returned goods
10974 MUST be accompanied by this bill.
77kwk CYOU
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�t1fs��
POLICY NO.
DATE/LOSS
INSURED
CLAIMANT
PICTURE NO.
DATE/TIME TAKEN
-� BY
WEATHER
LOCATION AND VIEW
■ COMMENTS
ADDITIONAL
INFORMATION ❑OVER
PICTURE NO.
DATE/TIME TAKEN
r 5:_ Fp ' ; BY
Il
lar.
WEATHER
i - LOCATION&VIEW
r.
COMMENTS
r
i
I
ADDITIONAL
INFORMATION ❑OVER j
OUR FILE NO.
CO. CLIVI # -
HAY/KMS
�L! - 7 1995
SER=E CENTER
S. FORM 200-2-35-X P.G.S. INDUSTRIES, P.O. BOX 1348,ASBURY PARK, NJ 07712/ 1-800-484-7419-S.C.7474/FAX 1-908-919-7319
POLICY NO.
' OAT, joss
CiLICK'N STICK PHOTO STATIONER' INSURtrl-'G
o
CLAIMANT
PICTURE NO.
DATE/TIME TAKEN
BY
WEATHER
LOCATION AND VIEW
COMMENTS
ADDITIONAL
INFORMATION ❑OVER
PICTURE NO.
DATE/TIME TAKEN
BY
+y �
WEATHER
LOCATION&VIEW
COMMENTS
ADDITIONAL
INFORMATION CIOVER
OUR FILE NO.
7
P.G.S. FORM 200-2-35-X P.G.S. INDUSTRIES, P.O. BOX 1348,ASBURY PARK, NJ 07712/1-800-484-7419-S.C.7474/FAX 1-908-919-7319
• STATE FAR M
State Farm Insurance Companies ®�
INSURANCE
Northern California Office
September 15, 1995 6400 State Farm Drive
Rohnert Park,California 94926-0001
Contra Costa County
Board of Supervisors
651 Pine Street 6th floor
Martinez, CA 94553-1290
****IMPORTANT****
PLEASE WRITE OUR
CLAIM NUMBER* ON
_ YOUR REPLY OR PAYMENT _
THANK YOU
RE: Claim Number: *05-6677-576
Date of Loss: June 28, 1995
Our Insured: Evalyn Abramowitz
Dear Sir/Madam:
State Farm Mutual Automobile Insurance Company on behalf of
Subrogee, Evalyn Abramowitz hereby makes claim for $1, 523 . 01 and
makes the following statements in support of claim:
1. Notices concerning this claim should be sent to:
State Farm Insurance Companies
6400 State Farm Drive
Rohnert Park, CA 94926-0001
2 . The date of accident occurring on June 28, 1995 at
Hwy 980 12th street exit in Oakland, CA.
3 . The circumstances giving rise to this claim are as
follows:
Our insured stopped for a yellow light and your driver
rear-ended her.
4 . The injuries reported consisted of none.
5. Our total claim is as follows:
Company's Net Payment $1, 273 . 01
Insured's Deductible Interest $ 250. 00
Total Property Damage $1, 523 . 01
HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001
• , STATE FARM
State Farm Insurance Companies ®®
• Board of Supervisors INSURANCE
Page 2
September 15, 1995
Northern California Office
6400 State Farm Drive
NOTICE' Rohnert Park,California 94926-0001
This form is to provide notice of our claim for damages in
accordance with the 120 day statute. If this form is not
acceptable for compliance with the statute, please rush the
necessary form to my attention for proper filing.
,,�-� State Farm Mutual Automobile Insurance
Dated, rnhQ�, .. 114 )qq'5 B _
4mploy�eiNa e
y
Employee Ti le
Empl6yee Phone Number
Enc: Supporting Documents
cc: Benedict 2960
09
HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001
wie
pit
t�lk
;'iii°,. ,.:.•• `�r:;s ,
I I'4 .�i'::fit::::.•. ..�11�'�,1
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:.. •tie�``•�.:,, e• ,
• C� ,'\: ;;,.,••�L;• �?ill':; �i
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
October 10, 1995
the County, or District governed by) BOARD ACTION
rvisors, Routing Endorsements, ) NOTICE TO CLAIMANT
ord S" c .Action. All Section references are to ) The copy of this document mailed to you is your notice of
Califc*ria 'Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Air*Unt: $50;.000.00 + Section 913 and 925.4. Please note allnin s"
R.'S �ounse(
CLAIMANT: Artemio Ramos, Diane Ramos, Art Ramos and The Estate of Suzette Lee Ramos,., g
ATTORNEY: Scott A. Slomiak Date received Ictinex,CA9455
ADDRESS: p0 BOX 1290 BY DELIVERY TO CLERK ON CPpfAmhPr 99, 1905
San Mateo, CA 94401-1290
BY MAIL POSTMARKED: qpi tamhPr 91 , 1 qQ5
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PPHHIL ATCHELOR, Clerk
DATED: September 22, 1995 Br: Deputy
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: YDeputy County Counsel
11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Superviscrs 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: J Q HIL BATCHELOR, Clerk, By Q, , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional 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: /n — J _ / 9 9 S BY: PHIL BATCHELOR by 2Deputy Clerk
CC: County Counsel County Administrator
1 KNAPP &VIOLA,P.C.
LAWRENCE S.VIOLA,ESQ. SBN 130335 RECEIVED
2 SCOTT A. SLOMIAK,ESQ. SBN 148407
P.O. BOX 1290 SEP 2 Z 1995
3 SAN MATEO, CA 94401-0990
PHONE: (415) 343-6400
4 FACSIMILE: (415)342-6854 CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
5
Attorneys for Claimants
6 Artemio Ramos,Diane Ramos,Art
Ramos, and The Estate of Suzette Lee Ramos
7
NOTICE OF CLAIM AGAINST THE COUNTY OF CONTRA COSTA
8 (California Government Code §§ 810, et seq.)
9
In the Matter of the Claims of:
10
ARTEMIO RAMOS, DIANE RAMOS,
11 ART RAMOS, and The ESTATE of
SUZETTE LEE RAMOS,
12
Claimants,
13
V.
14
CONTRA COSTA COUNTY,
15 CALIFORNIA DEPARTMENT OF
TRANSPORTATION, and DOES 1
16 through 20, inclusive,
17 Respondents.
18
19 Claimants Artemio Ramos, Diane Ramos, Art Ramos, and the Estate of Suzette Lee
20 Ramos hereby make a claim against the County of Contra Costa, and the California Department
21
of Transportation pursuant to the Tort Claims Act(Government Code §§ 810, et seq.)to recover
22
23 damages for injuries suffered in an automobile accident and make the following statements in
24 support of this claim.:
.25 1. The claimants' post office address is: 24242 Silva Ave #40, Hayward, CA
26 94544.
27
28
GOVNTCLM.DOC
1
1 2. All notices concerning this claim should be sent to: Scott A. Slomiak, KNAPP &
2 VIOLA, P.O. Drawer 1290, San Mateo, CA 94401-1290.
3
4
5 3. The incident giving rise to this claim occurred on March 21, 1995, on Vasco
6 Road, located in Contra Costa County, 2.0 miles North of the Alameda County line.
7
8 4. The amount of damages is unspecified at this time, but is in excess of$50,000.00
9
and within the jurisdiction of the Superior Court of the State of California.
10
11
12 5. The facts giving rise to this claim are as follows: This head on traffic collision
13 occurred on Vasco Road, approximately 2.0 miles north of the Alameda County line, in an
14 unincorporated area of Contra Costa County. At this location, Vasco Road is a two lane county
15
road with one lane in each direction(northbound and southbound). The roadway is of asphalt
16
17 construction and the traffic lanes are divided by painted solid double yellow lines, with raised
18 yellow reflectorized dots. The roadway is bordered on the east and west roadway edge by a
19 painted solid white roadway edge line and by a gravel downgrade embankment. When traveling
20 in a northerly direction at this location, Vasco Road makes a long sweeping right hand curve. At
21
the time of the accident,the roadway was wet and icy.
22
23 The claimants' vehicle was traveling northbound on Vasco Road at a speed of
24 approximately 45 miles per hour. The second vehicle involved,the Hansen vehicle, was
25 traveling southbound on Vasco Road at approximately 35 miles per hour. The vehicles
26 approached each other from opposite directions in a heavy rain and hail, with approximately 3/8
27
28
CALSTCLMBOC
2
1 inch to 1/2 inch of hail accumulated on the wet roadway. The claimants' vehicle entered a long
2 sweeping curve to the right and the Hansen vehicle entered the same curve from the opposite
3
direction. According to the claimants,the Hansen vehicle appeared to cross into the claimants'
4
vehicle's lane and the result was a head on collision.
5
6 At that time and place, Vasco Road was in a dangerous and defective condition for a
7 number of reasons, including, but not limited to the following: Hail had accumulated on the
8 roadway under circumstances where there was no warning and no precautions or remedies had
9
been taken, and although Contra Costa County and the California State Department of
10
11 Transportation had actual or constructive notice of the dangerous condition and/or the
12 accumulation to take adequate precautions,no action was taken; and, the dangerous and
13 defective curving design/condition of Vasco Road had no warnings or precautions and,
14 therefore, despite the fact that Contra Costa County and the California State Department of
15
Transportation had repeated actual notice of the dangerous and defective condition of the
16
17 roadway design/condition, and had adequate time to take sufficient precautions or effect the
18 appropriate remedy, no warning signs were in place in Contra Costa County nor any other
19 device designed to either advise the traveling public of danger or ameliorate that danger.
20
21
6. Claimant Suzette Lee Ramos suffered fatal injuries. Claimant Artemio Ramos
22
suffered numerous injuries, including but not limited to a contusion to the chest; and Claimant
23
24 Diane Ramos suffered numerous serious injuries, including but not limited to contusions and a
25 fracture of the right shoulder. Claimant Art Ramos suffered a loss of consortium due to the death
26 of his wife, Suzette Lee Ramos.
27
28
GOVNTCLM.DOC
3
1 7. The name(s) of the public entity(s), other than Contra Costa County and the
2 California State Department of Transportation, are unknown and the name(s) of the public
3
employee(s) causing claimants' injuries are currently unknown.
4
5
6
Dated: 9 S Respectfully Submitted,
7
KNAPP &VIOLA
8 A Professional Corporation
9
10
11 Scott A. Slomiak,
12 Attorney for Claimants Artemio
Ramos, Diane Ramos, Art Ramos
13 and the Estate of Suzette Lee Ramos.
14
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28
CALSTCLM.DOC
4
1 .
PROOF OF SERVICE
2 [C.C.P. §1013, C.R.C. §2008, F.R.C.P. Rule 5]
3 I,the undersigned, say:
I am, and was at the time of the service hereinafter mentioned, over the age of 18
4 years and not a party to the above-entitled action. I am employed in the County of San Mateo,
California any my business address is 441 First Avenue, San Mateo, California, 94401-3202.
5
On September 21, 1995, I caused the following documents:
6
1. Notice of Claim Against the California State Department of Transportation
7
8
to be served on the following interested parties in the above-entitled action at the address
9 indicated:
10 State:
11 Office of Risk Management
Contra Costa County
12 651 Pine Street, 6th Floor
Martinez, CA 94533
13
14 BY PERSONAL DELIVERY: I caused such document(s) to be
give to a commercial process server for personal service on the above-referenced individual(s).
15
BY FIRST-CLASS MAIL: I caused such document(s) to be
16 served by placing for collection and deposit in the United States mail a copy of the document(s)
at Knapp & Viola, 441 First Avenue, San Mateo, County of San Mateo, California, in a sealed
17 envelope, with postage fully prepaid, addressed to each of the above-referenced individuals. I am
familiar with the practice of Knapp & Viola for the collection and the processing of
18 correspondence for mailing with the United States Postal Service. In accordance with the
ordinary course of business, the above-mentioned document(s) would have been deposited with
19 the United States Postal Service on the above-mentioned date, the same day on which it was
placed at Knapp & Viola for deposit. I understand that, upon motion of a party served, service
20 pursuant to C.C.P. § 1013a(3) shall be presumed invalid if the postal cancellation date or postage
meter date on the envelope is more than one day after the date of deposit for mailing contained in
21 the affidavit. [C.C.P. §1013a(3).]
22 BY EXPRESS MAIL: I caused such document(s) to be served by
depositing a copy of the document(s) in a post office, mailbox, sub-post office, substation, mail
23 chute or other like facility regularly maintained by the U.S. Postal Service for receipt of Express
Mail, in a sealed envelope, with Express Mail postage paid, addressed to the above-referenced
24 individual(s). [C.C.P. § 1013(c).]
25 xxxxxxxxxxxx BY OVERNIGHT DELIVERY: I caused such document(s) to be
served by depositing a copy of the document(s) in a box or other facility regularly maintained by
26 the express service carrier, or delivered to an authorized courier or driver authorized by the
express service carrier to receive documents, in an envelope or package designated by the
27 express service carrier with delivery fees paid or provided for, addressed to the above-referenced
individual. [C.C.P. § 1013(C)]
28
PRFSERV.DOC
1
1 BY FACSIMILE TRANSMISSION:I caused such document(s) to
be served at approximately m. on the above-referenced individual(s) by facsimile
2 transmission pursuant to Rule 2008 of the California Rules of Court. The telephone number of
the sending facsimile machine was 415-342-6854, and the telephone number of the receiving
3 facsimile was . A transmission report, which is attached to this proof of service, was
properly issued by the sending facsimile machine, and the transmission was reported as complete
4 and without error. [C.R.C. Rule 2008]
5 1 declare under penalty of perjury under the law of the State of California that the foregoing is
true and correct, and that this declaration was executed in San Mateo, County of San Mateo,
6 California on September 21, 1995.
7
Name: Nancy Olsen Signature AAA
8
9
10
11
12
13
14
15
16
.17
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PRFSERV.DOC
® 2
LAW OFFICES OF
KNAPP & VIOLA
A PROFESSIONAL CORPORATION
LAWRENCE S.VIOLA 441 FIRST AVENUE TELEPHONE(415)343-6400
ELISA LOWY CIRILLO* POST OFFICE DRAWER 1290 FACSIMILE(415)342-6854
CAMILLA J.AMOROSO SAN MATEO,CALIFORNIA 94401-0990
SCOTT A.SLOMIAK
'ALSO ADM[TTED M THE pp��/�
STATE OF NEW YORK RIF6E EIVED
September 21, 1995 ii
SEP zam
Office of Risk Management
BOARD OF SUPE WAAS
Contra Costa County CLERKCONTRA COSTA 00.
651 Pine Street, 6th Floor
Martinez, CA 94553
RE: Claim Against Government Entitv
Our File#: 3021
Dear Sir or Madam;
I have enclosed a claim on behalf of Artemio Ramos, Diane Ramos, Art Ramos and the
Estate of Suzette Lee Ramos in connection with a head on collision which occurred on March
21, 1995 on Vasco Road, Contra Costa County 2.0 miles north of the Alameda County line. As
the claim indicates,please send all notices regarding this matter to my attention.
Thank you for your cooperation.
Very Truly Yours,
KNAPP &VIOLA
A Professional Corporation
Scott A. Slomiak
SAS/njo
{ 7033955213 -:
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i' 9 100 cc;003205 5229+x'
�-219511b0-1120-4 X.
Scott A. Slomiak
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-- 1y-343-640
VIOLA
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T T AVENUE t
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Tile # 30.21 __ X.
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Office. of Risk Manaemen,t 510 646-29.26___
—_.. -- --- ------ ---g— X
Contra Costs County -
651 Pine Street 6th Floor
Martinez CA x94333 I:F
7 O 3 3 9 5 5 2 1 3 - -'
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® STANDARD OVERNIGHT FRI ,�
emp# 85796 21SEP95 15:07 AA .
Trk# 703 3955 213 LETTER
OAK
94553-OA-US
CLAIM
BOARD OF SUPERVISORS.OF CONTRA COSTA COUNTY, CALIFORNIA October 10, 1995
Ci?<M a^"^st the County, or District governed by) BOARD ACTION
,ervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
or,d Sur•c Action. All Section references are to ) The copy of this document mailed to you is your notice of
Califcrnia Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $25,000.00 + Section 913 and 915.4. Please note all OUrd�r�ggr.s"
Ci®lIFlSeI
CLAIMANT: Harriet Davis �•. ;
ATTORNEY: Allan M. Tabor z Martine
Date received ,CA 9455
ADDRESS: 11 Embarcadero West, Ste. 130 BY DELIVERY TO CLERK ON September 15, 1995
Oakland, CA 94607
BY MAIL POSTMARKED: September 15, 1995
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: September 22, 1995 sa'L DeputylOR, Clerk \ ,� aA
I1. 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: `Z — BY: Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Superviscrs 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: /p_/a-/9gjf PHIL BATCHELOR, Clerk, B 5� , 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 an 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.
e
Dated: o� % BY: PHIL BATCHELOR byLAd��eputy Clerk
CC: County Counsel County Administrator
RECEIVE®
RYAN & TABOR 1510
1 ALLAN M. TABOR
STATE BAR NO. 52846
2 11 Embarcadero West, Suite 130 aim
OFSUPERViSORS
CONTRA COSTA CO.
Oakland, CA 94607
3 Telephone (510) 444-5350
4 Attorneys for Claimant
5
6
7 CLAIM
8
HARRIET DAVIS,
9
Claimant,
10
VS.
11
CITY OF RICHMOND,
12 COUNTY OF CONTRA COSTA,
13 Respondents.
14
A. HARRIET DAVIS lives at 11780 San Pablo Avenue, No. 103,
15
E1 Cerrito, CA.
16
B. Notices in this matter are to be sent to Ryan & Tabor,
17
11 Embarcadero West, Suite 130, Oakland, CA 94607 .
18
C. On July 17, 1995 claimant was an invitee at defendant's
19
clinic at 38th & Bissell Streets, City of Richmond, County of
20
Contra Costa, State of California. At said time and place she was
21
caused to slip and fall on a ramp on the outside of said clinic.
22
Said ramp was a dangerous condition of public property. It was
23
defective in its design, manufacture, inspection and maintenance
24
and furthermore, it was covered with debris, and the lighting was
25
poor.
26
D. Injuries: Claimant sustained injury to her left knee,
27
left foot, and back. Exact medical bills are unknown to date.
28
RYAN&TABOR E. Damages with respect to this claim. The jurisdiction
ATTORNEYS AT LAW
PORTOBELLO SQUARE
11 EMBARCADERO WEST,SUITE 130
OAKLAND,CA 91807
(810)114-5350
rests properly in the Superior Court and exceeds $25,000.00.
1
F. Names of public employees unknown.
2
DATED: September 15, 1995 RYAN &TABOR
3
4 BY
ALLAN M. TABOR
5
6
7
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12
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14
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25
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RYAN&TABOR
ATTORNEYS AT LAW
PORTOBELLO SQUARE
11 EMBARCADERO WEST,SUITE 130
OAKLAND,CA 90507
(510)044-5350
n
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• CLAIM Cr (0
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA October 10, 1995
Ci?:T bri�^st the County, or District governed by) BOARD ACTION
_ :`, `_::;ervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
ord 6Lc•c Action. All Section references are to ) The copy of this document mailed to you is your notice of
Califcrnia Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $4416.03 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT, James and Susan Edwards
ATTORNEY:
Date received
ADDRESS: 1075 Laurel Ave. BY DELIVERY TO CLERK ON September 26, 1995
Reddsport, Or. 97467
BY MAIL POSTMARKED: Hand Delivered
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: September 27, 199.5_ Jy1L DepuiyLOR, Clerk ////
U
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
(+f This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( Other: LX rW,, g �U � r1 -1 .o - ,� caMta r
Dated: �( " Z$ ^ 9 S BY: � Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOAR:. ORDER: By unanimous vote of the Superviscrs 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: /p --/p- 199.!� PHIL BATCHELOR, Clerk, B 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 1B; 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: Y, Ijg, �, / BY: PHIL BATCHELOR by �' eputy Clerk
:C: County Counsel County Administrator
TO: James and Susan Edwards
1075 Laurel Avenue
Reedsport, Oregon 97467
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 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) Your claim was
delivered on September 26, 1995. It is not timely as to all injuries
or damages incurred prior to March 26, 1995 (more than six months
prior to filing. ) . In order to protect your legal rights, you must
apply for leave to present a late claim as to those injuries or
damages occurring prior to March 26, 1995. However, your claim will
be considered as to those injuries or damages occurring on and after
March 26, 1996 . As to those injuries or damages occurring on or
after March 26, 1995, the claim is timely.
Because the claim was not presented within the time
allowed by law, no action was taken on the late portion of 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 /J
By:
D uty Clerk
Dated: Z2.?y
Enclosure
NOTICE OF LATE CLAIM Page 1
r
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: 9'x9 -/99.5 By Phil Batchelor by
Deputy erk
NOTICE OF LATE CLAIM Page 2
Clato: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person .
• or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code 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
form
R£: Claim By ) Reserved for Clerk's filing stamp
RECEIVED
Against the County of Contra Costa ) 2629
or )
istrict) BOARD OF SUPERVISORS
NTRA
Fill in name DCOCOSTA 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:
1. When did the damage or injury occur? (Give exact date and hour)
W-Av --�2 tt� q C1
2. Where did the damage or injury occur? (Include city and county)
• use exEra r if
—Tw the damage or injur occur. (Giv full details, paper
required)
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
�. wnat; are the n---nes of county or district officers, servants or employees causing
the cam:ge or injury? .
5.- What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
B. Names and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
rc
dov. Code Sec. 910:2 provides:
n
;,The claim must be signed by theclaimant
SEND NOTICES TO: (At Or�as.�c.r, . or b some person on his behalf."
Name and Address of Attorney F 6ALaCL
Ez
(Claimant's Signat
Ol
Address.
Telephone No. , Telephone No.
s
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 imprisonrsent and fine.
o 10?5 Laurel Avenue
r Reedsport, "Or. 97467
May 2, 1995
Board of Supervisors 0
Room 106, Co. Admin. " Bldg.
651 Pine Street
Martinez, Ca. 94553
Dear Board Members :
Following is a description of the events which pr;dmpted
this action against the County of Contra Costa:,
Line 3 from claim- form: How did the damage occur?
On March 3, 1995, our son, Jesso Daniel Carey, was stopped
for a traffic violation in Eugene , Oregon. As a result of that
he was "f. ound to have a warrant for his arrest from Contra Costa;
California, He was arrested and charged with being a fugitive
from justice. He called us from jail and we began investigating
the charge to find out why he was being held. We were informed
that he was being charged with drug trafficking and conspiracy
to sell automatic weapons , . and we were told, personally, by Hal
Jewitt , that without a doubt " Jesse wasthe :r ,man! " Our son,
Jesse, insisted that he knew nothing of what triese charges were(�,about,
and due to the dates involved with these charges , we believed
his innocence. Our son had just started a new job in the Eugene
area and had worked one week before he was arrested. Consequently
he had no money to deal with the expense of this false arrest, or
support his family during this crisis . We ,also, had no money to
deal Stith this unpleasant and demeaning situation because we live
on a fixed income due to blindness . We have putro`.�urselves into
financial debt to help him. We bailed him out and took him to
California to fa.ce" .his charges and prove his innocense. After
5 minutes in the court room, before court began, Jesse was , indeed,
found to be the wrong man after all. Since he was so very simply
proven innocent and Mr Jewitt made a very serious and costly
mistake by assuming that he had the right man, we feel we should
at the very least be reimbursed. for our expenses in dealing with
this very traumatic matter.
Line 4 from claim form: Also explained in above account.
Line 5 " " " Hal Jewitt
Line 6 " " Financial damages
Line 7 " " " Actual cost . Itemized on attached list.
Q List of Expenses due to False Charges
line 7 and, q from claim form
March 3 , 1995.. . : Arrest telephone. . . . . . . . 11. 98
4, Trip to Eugene to get car and Jess ' belongings
tele. . . . . . . . . . . . . 3. 69
gas . . . . .. . . . . . . 18. 00
meals . . . : . . . . . . . 15. 00
March 5, tele. . . . . . . 1.95
61 . . . : Arraignment. Trip to Eugene to see about bail.
Found out about warrant and$10, 000. 00 bail.
tele. .. 1.34.
gas . . . . . . . . . . . . . . 18. 00
meals . . . . . . . . . 15. 00
o March 7, . . . Numerous calls to Calif, including Hal Jewitt,
to try to understand charges. tele. . . , . , . . . . .23.57 ,.
8, Continued calling; Hal Jewitt, lawyers , etc. in
_both Calif. -and Qregon. tele. . . . . . . . : . . . . 23.88
9, Numerous telephone calls . Overnight trip to
Eugene for legal help, in person, due to
frustration via tele. Motel in Junction City
and Creswell, Or. to talk. to Jess ' employer.
a tele. . . . . . . . . . . . 29'. 14
motel::':-. . ... . . . . . .38.00
meal-s r.. o .. . . . . . . . 20.00
o gas 22.00
March .10, Eugene trip ( con' t) . Ta'lked. to attorney. Went
to loan companies . tele: . . . . . . . . . . . .32.62
gas. . . . . . . . . . . . 15.00
meals. . . . . . 15:`00
Trip to Florence to see about loan.
gas . . . . . . . . . . . . . . 8�90�
129 Telephone calls , tele. . . . . . . ... .. . . 1,.9.4
. . . . ...
tele. . . . . . . . . . . . . 2.127
139 Telephone calls concerning bail, etc.
tele.... . . . . . . . . . . .4.6.60
141 Title Co. Trip to Florence. Put deed- to
house , up to secure loan for bail.
o gas . . . . . * 0 . ... . . . . 8000
o tele. . . . . ... . . . . . . 5.4.0
152 Telephone. Legal info, etc, teie. ... . . . . . . . . 9.36
161 Telephone. tele . . . . . . . . . . . . . 5.61
171 . . . : Trio to Florence to .get money ( check) for bail.
Telephone, gas . . . . . . 8.00
tele. . . . , .. : . . ..:. 4. 58
181 Telephone. tele. . . . . . . . . . . . . 4.80
191 Telephone. tele. . . . . . . . . . . . . 1.40
March 20, Trip to Eugene with bail check. very complicated
and tiring procedure. . .Lawyers . . .Custody Ref.
Visited Jess . (overnight trip) gas. . . . . . . . . . . . . . 14.00
tele.. . . . . . . . . . . . 4:59
motel. . , ... . . . . . . . 38.00
meals. . . . . . . . . . . . 15.00
r
March 21, 1995. . . : Overnight trip to Eugene (con' t) . No
banks in Eugene would cash check. Had
to go back to Florence, then back to Eugene
to pay bail. tele. . . . . . . . . . . 2.95
gas: . . . . . . . . . . . 22. 00
meals. . . . . . . . . . 15 00
22, Telephone tele. . . . . . . . . .4 .36
23 .. . tele. . .. . . . . . . . . 17.73
24, ° tele. . . . . . . . . . . 7. 11
251 Trip to Calif. to prove
innocense, gas , . . . , . . . . .80.00
food. . . . . . . , . . 100. 00
261 Met with attorney gas. . . . . . . . . . . . 15. 00
food. . : . . . . . . . .4.0.00
27, . . . : Waited gas . . . . . . . . . . . . 10:00
food. . . . . .. . . . . . 25.00
289 Court in Richmond. Jess
o immediately found to be the
Wrong Man ! Before court even
began he was exonerated. tele. . . 1-70
gas. . . : : :.: * : : *. : 10.00. . , , . . 10.00
meals:. . . . . . . . . 15.00
299 Talked to attorney in Concord
about the hardship of these
false charges with no evidence
and no effort to properly
identify suspect. gas . . . . . .'. '. . . 20.00
food. . . . . . .'. . . .25,00'
30 , to Trip home gas. . . . . . . . :. . . 60.00
April 2 food. . . . ..'. . . . . . 85-00
motle. . . . . . . . . .40.00
3 Trip to Eugene. Talked to
custody ref.. and D.A. about
bail. gas . . . . . . . . . . . 18.00
food 10.00
Summery of Expenses :
Fam. support, gas , food. $1086.03
Lawyers Fee 1500.00
loan for Bail 1130.00
Loss of rent 00.00
tot'd-7%. . . . 94416-03
. o
CLAIM C„t(,a
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA October 10, 1995 . .
Cl,<T A:!�^st the County, or District governed by) BOARD ACTION
_ �.::;' rvisors, Routing Endorsements, ) NOTICE TO CLAIMANT
or,c Suc-c Action. All Section references are to ) The copy of this document mailed to you is your notice of
Califcrnia Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $10,000.00 + Section 913 and 915.4. Please note all Sheryl S. Hayworth •Waref" h'
CLAIMANT: S ���•' Counsel
f.4 f`
ATTORNEY: Lisa V. Heilbron, Esq. Martinez,
Date received Se tember 22 199SCa94553
ADDRESS: PO Box 2084 BY DELIVERY TO CLERK ON p
Oakland, CA 94604-2084 Hand Delivered
BY MAIL POSTMARKED:
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PP gg ..
DATED: September 22, 1995 8dil DepuLylOR, Clerk
1I. 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: ZS— 9 S BY: / Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOAR:, ORDER: By unanimous vote of the Superviscrs 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:_fO-/D - LJ ZS- PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice.
AFFIDAVIT OF MAILING
1 declare under penalty of perjury ttat I an now, and at all times herein mentioned, have been a citizen of the
United States, over age 1B; 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: /D - 13 -- /9 9S7 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C1197_4Tnq% )1applicationto:
Instructions to ClaimantC!erk of the Board
Martinez,California 94553
A. Claims relating to causes of action for death or for injury to
person or to personal. property or growing crops must be presented
not later than the 100th day 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. (Sec. 911. 2, Govt. Code)
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 , California 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 end
oT this form.
RE: Claim by ) Reserved for Clerk' s filing stamps
Sheryl S. Hayworth )
RECEIVE®
)
Against the COUNTY OF CONTRA COSTA) 2 2 FA
or DISTRICT)
�- Fill In name) - ) CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $Within Superior Court Jurisdiction.
and in support of this claim represents. as follows :
------------------------------------------------------------------------
1. When did the damage or in]ury occur? (Give exact date and hour)
Injury occurred on January 10, 1995, when claimant noted tree on her property was sinking.
Injury continued through and including March 22, 1995, when greatest flooding occurred.
-----------T-----------
--------------------------------------------
---
2. Where did the damage or--injury occur? (Include city and county)
528 Moraga Way, Orinda, Contra Costa County, California.
3 How did the damage or injury occur? (Give full details, use extra
sheets if required)
Improper maintenance of drainage culvert led to blockage and flooding of claimant's property.
Subsidence on claimant's property was also caused by improper drainage conditions.
- ------------- ---lar----acto-----r--omission--------------------------------------------
4 . What part-icuon the part of county or district
officers , servants or employees caused the injury or damage?
County's failure to properly maintain drainage culvert.
(over)
1
5. What are the names of county or district officers , servants or
employees causing the damage or injury?
Unknown.
-------------------------------------------------------------------------
6. What damage or injuries do you- claim resulted? (Give full extent
of injuries or damages claimed. Attach ,two estimates for auto
damage)
Blockage of culvert and improper drainage caused flooding of claimant's property and
subsidence of soil which necessitated pumping of standing water and excavation work.
------------t------=-----------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
According to estimates obtained from contractors and receipts for excavation work and pump
rentals. Total damage estimated to fall within jurisdictional limit of Superior Court.
-------------------------------------------------------------------------
8. Names and addresses of witnesses , doctors and hospitals.
Leo Sid, 528 Moraga Way, Orinda, CA.
Nelly Russell, 534 Moraga Way,Orinda, CA. ,
Katalin E Charles Tobias, 526 Moraga Way, Orinda, CA.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
3/22'/95 „ ,; Excavation $2,000.00
`3/22795- Pumping Water $4,000.00
i• �i � 4
i"t M x.<?Igpd
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on h�iQs behalf. "
Name and Address of Attorney' 6""
Lisa V. Heilbron, Esq. Climant' s Signature
Crosby, Heafey, Roach E May, P.C.
1999 Harrison Street . A dress
P.O. Box 2084 Orinda, CA 94536
e�eddp-hbne 0604 -208510) 763-2000 Telephone No. (510) 376-3393
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, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. ""
CLAIM
.. , BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA C . �
October 10, 1995
Cla4- Ar!ii st the County, or District governed by) BOARD ACTION
:::-t-;' _:;,envisors, Routing Endorsements, ) NOTICE TO CLAIMANT
grid 6La,c Action. All Section references are to ) The copy of this document mailed to you is your notice of
Califcrnia Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $72,89 Section 913 and 915.4. Please note all 'Warnings".
CLAIMANT: P.J. Jordan, Jr.
ATTORNEY:
Date received
ADDRESS: 322 Rock Oak Rd. BY DELIVERY TO CLERK ON September 27, 1995
Walnut Creek, CA 94598 Hand Delivered via: Risk M t.
BY MAIL POSTMARKED: �
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PpHHIL BATCHELOR, Clerk
DATED: September 27, 1995 BY: Deputyi__�
11. FROM:: County Counsel TO: Clerk of the Board of Supervisors
(1,0< This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: "( 'Z J 8Y: Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOAR:, ORDER: By unanimous vote of the Superviscrs 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: /0_/0 — /99,57PHIL BATCHELOR, Clerk, By 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 Earning 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 16; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as Shown above.
Dated:�Z)� �g 9S 8Y: PHIL BATCHELOR byc� eputy Clerk
CC: County Counsel County Administrator
Cla :.o* BOAP0 OF SUPERVISORS OF CONTRA COSTA COUNTY
• INSTRUCTIONS TO CLAIMANT
A. Ciai:.s gelating 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.}.
e
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 nage 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
f or=.
R£: By, ) Reserved for Clerk's filing stamp
" RECEIVED
Against the County of Contra Costa ) 0 ,27 or ) VLa ;JCLERK B D OF S8
WA, cciT0 District) COSTA
ill in name )
The undersigned claimant fiereby`makes `claim"against the County of Contra Costa or
the above-named District in the sum of $ and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
47-o 0
2. Where the damage or injury occur? (Include city and county)
-7, C � y V e-
6 --
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-rvants or employees caused the injury or damage?
• :,v�
5. wnat are t.ne nares o1' county or district officers, servants or employees causing r
the ua merge or injury? � >
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
..,,z ___..�.� � -
7. How was reamount claimed above computed? (include the estimated amount of any
prospective injury or damage.)
Names and address az of witnesses;. do^tors. anal.hospitals. .
9. List the expenditures you made on account of this accident or injury:
DATE IT£M AMOUNT'
rr^F.xvrrtwvt9.6'aVfW.aR!4�.G'7y:'.Y.iB.W!.'.'+tixt�Gh 'rf. .
:.fix a 4:a'Y..1?.»MairntStlPAs!. '
7f � � F if � � � 1C� � 7f 1};75 -�'•7f.� � � � R � � � � if if 1[ if � � � � � � iS � R
Q
Gov. Code Sec. 910;2 provides:
The claim must be signed,_by-.the•,.cla.bant
SEND NOTICES or by some person on his behalf:"
Name and Address of Attorney
Cla' t ;s Signat
Address.
Telephone No. Telephone No,
�t
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
�7oZ538 ;
'o a VAN MW
5
BLLVm
94553
CUSTOMER'S ORDER NO. DEPT.
NAME
I ADDRESS_ �f
SOLD 6Y. GASH C.O.D. CHARGE ON ACCT:., MDSE.REfD. PAID OUr
AUAN ,a DESCRIPTION; PRICE ,AMOUNT
4
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9
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o
t
}�e
RECD BY
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oon
I shoot tot the M
you MISS,
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1
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA October 10, 1995
C1?4T Ar!'4 st the County, or District governed by) BOARD ACTION
: " _ n,`*.::;ervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
o",d Sic-c Action. All Section references are to ) The copy of this document mailed to you is your notice of
Califc«is Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount. $3,000.00 + Section 913 and 915.4. Please note all •Warnings".
CLAIMANT: Richard A. and Paula M. Kerr
ATTORNEY: Deborah Kerr, Esq.
P.O. Box 9728 Date received
ADDRESS: So. Lake Tahoe, CA 96158 BY DELIVERY TO CLERK ON September 26, 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. ppHH g
DATED: September 27, 1995 BYIL DeputyLOR' Clerk
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
( U+4"'ThiS claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so no'%ifying
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: �� 2-1 " 1 S_ BY: Deputy County Counsel
111. F;OM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
1V. BOAR:, ORDER: By unanimous vote of the Superviscrs 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: 9,3,6- PHIL BATCHELOR, Clerk, By 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
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 1B; 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: /6) 9� BY: PHIL BATCHELOR by � 4�eputy Clerk
CC: County Counsel County Administrator
Claim 3•o: BOARD OF SUPERVISORS OF CONTRA COSTA CO=
INSTRUCTIONS TO CLAD- N'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,
mus'!! 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 Vnich accrue on or after January 1,
1986, 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
o W.
RF: Claim B.% ) Reserved for Clerk's filing stain
�.a1-,ojvt A /14. /54 pt- RECEIVED
> 2 61996
Against the County of Contra Costa )
or ) D-OF SUPERVISORS
CONTRA COSTA CO.
District)
(Fill in na ,e, )
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the s= of $ 3, O D O Cc, sTS and in support of
this claim represents as follows:
----------------------------------------
1. When did the damage or injury occu.^? (Give exact date and hour)
In g;,c'h R g, � 9 9.9
- -------------------------- ------- —-----— —
2. Where did the damn&e or injury occur? (Include city and county)
NCW7':r,'2zI COh7YA CoSTaCc�c�rrTy
------------------------------------ ------ -------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
requir'ed) �, aC •/e ?v T: o h L/,
oard o u cr v. l a • % t/al,Prcvcd ,E,' on �• T:oh #y Wo.s ho 7'
Ce3 b�57Y:e�� � /t®�S !e-9 . I,•ce Jc+�v:ces
)'es ohs.Ye ° f" e-'01- ¢a/ NL ?he Sal saf�4tiT f++ondnocnr To Tie f'o
��Lt_ / ZZ_h/�s�z 4 w_5=--1Q�_ t-:__-?y Y aJ-P on s e_
�. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage? _
o C oht:rt �c-) 76 o.SSeI'Ta /'e v= /�¢h1 aS a C Ute,,/�/"'' • Uk
7'67e a�>�'r•o va d C y Z hG a f e� �p d•sT�':cr
Aff „ � for h�H' SUhc��v:S: qhs r-- Q •
o.
O✓l�� n?••or► �h 40l nJ� iS NOT
,be- �P�YD✓a t� F•YMa�. TjS:,t G Oh C
GUI1T^%hS 17oLa,w o4h�%7' c,9clS o.h �Overh�rQhl Sir"%ces
T�
4)_51 IA ZST� The G oh %r � anayr
1-w T T'a cx,'sJ;byv�^� i/ypo hT •�
'X,V':l D�fzaS ho �-ie�'�S 7�o i/�,
e �
�/�e�urn vh
c �hSl'i vT� u r►�../.
- 1
5. wns t are the na=,es of county or district officers, servants or employees causing
the damage or V.�, VL
OSseY :
vccs 7
7-Ae /� � �
Carr�rNantr�. / v'r/o�h,�nT �TAc' CounTy C0UAIf•'/ 7 �'I l'w^�'c� Oc/^t,'h;sicr•',
The do /1cy �,.':�h duT c.�'/'^YanT ac v:ce TO �-Ao 1-?vcp1 ?ha.T ?he fro /-'cy ,"� C.ur7k&P�
✓✓ to 4uw
dl,age or injuries do you claim resulted? (Give full extent of injuries or
domes claimed• Attach two estimate for ,oto dam4a e. T��
O�(?h Lo Ts o ,� Y div,'// �1v jecT To � vao ee /ev:a�✓
county or, rhe.r',407 ownar•. ?- /;go :A"C) V 9erT:n 4Ih�-/�/:�9r��-rYr, , •Gqs@ � os� rhe
��---
.. : aime., aSovE co_p aed? (In:lude the estimated aa�un.
prospective i:-' ^ or le E. )
%he Y.�/v �se Th�e4 .[ 0 9s, Gha way o1,
nHaTh¢V l+as ya�h '�
�1 �;D o 0.
F. N_es and at�'resses of w.tnesses, d:_tsrs a^,'_' hosr:tals
`VI-4
G List the of this a�'^.ident or in'� r'j
)w 1
3
Grv. Code Se_. 910.2 provides:
cla._ be signed by the clamant
c 1; 7-175 T- (r ,.._.�.•` cr ty s=--e pers= on his behalf."
1.=: ant h.."ESS c-"
�0km/' If'a
Clai�,�.n 's Sigra„u^e
�P- 6v on 97 2 8
T-►hoe ,C•, .7 /s 1790 E//.'s S7.
f d:L,, s
C UhCord ,5%-) qo.5;2-a
Te:epho ne N; . _ Telephone hc.
# # �S/U) S 7- 0 a
# # #
NOTICE /
Section 72 of the Peril Code provides:
"Every person �, ,o, with intent to defraud, presents for allow- nee or for
pa}ment to any state board or officer, or to any county, city or district boa-rd or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, acco:r•.t, voucher, or uTiting, is punishable either by imprisonment in
the county jail for a period of not more than one year, by aline of not exceeding
cne thousand (:1,000) , or by both su:h imprisonment and fine, .or by imprison-jent in
the state prise::, by a fine of not excee�ing ter: ,thousand dollars ($10,000, or by
ir� isc:int a..a fine.
•r r -