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HomeMy WebLinkAboutMINUTES - 12171996 - C16 CLAI". BOA,. Or SJ;EWSC:.S Or CCN':.A .CS% CCLN'Y, CALIFOpN:A December 17, 1996 Claim Against the Courty, or District governed by) BOAR_ ACTION the Boarc c$ Supervisors. Routing Endorsements, ) NOTICE TO CLAIMANT and Boa-: Action, All Section references are to ) The copy of th'S document mailed to you is your notice of Califo—is Govt.""t Codes. ) the action taken on your claim by the Board of Supervisc-S (Paragraph IV below). given pursuant to Government Code Aeaunt: $10,000.00 + Section 913 and 915.4. P1e �1� i�". CLAIMANT: Blake-Edward. Duncan N O V 2 1 1996 A71 ORNEY: Thomas G. McLaughlin COUNTY COUNSEL McLaughlin & Pegnim Law Offices ate received MARTINEZ CALIF. ADDRESS: 3105 Lone Tree Way, Ste. A BY DELIVERY TO CLERK ON November 20, 1996 Antioch, CA 94509 !Y MAIL POSTMARXED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED:_ November 21, 1996 Oil Np�yLOR, Clerk���_�a�r-- H. FROM: County Counsel TO: Clerk of the Board of Supervisors ( C) This claim coolies 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). ` r ( ) Claim is not timely filed. The Clerk should return claim on !round that Lit was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: 4yz4Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). o° IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated7/96 PHIL BATCHELOR, Clerk, ! /u''�— _ Deputy Clerk • y WARNIND (Gov. code section 913) Subject to certain exceptions, you have only sic (6) Months from the date this notice was personally served or deposited in the jail to file a court action an this claim. See Government Code Section 945.6. You my 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. '01 For Additional Warning See Reverse Side Of ZYiis Notice. AFFIDAVIT Of MAILING I declare under penalty of perjury that I am flow, and at all times herein mentioned, M ve been a citizen of the United States, over age it; and that today I deposited in tae United States Postal Service in Martinez, California, Postage fully prepaid A certified copy of this Bard Order and Notice to Claimant, addressed to the claimant as shown above. Dated' BY: PNlI BATCHELOR by�f/t'e -��/`°' � Deputy Clerk CC: County Cc.•.se' County Administrator .v f RECEIVED THOMAS G. MCLAUGHLIN, ESQ. McLAUGHLIN & PEGNIM LAW OFFICES 3105 LONE TREE WAY, SUITE A MY+ e�L 0 ANTIOCH, CA 94509 CLERIC BOARD OF SUPERVISORS Claimant: Blake Edward Duncan CONTRA COSTA CO. CLAIM OF BLAKE EDWARD DUNCAN# CLAIM FOR DAMAGES FOR Claimant, PERSONAL INJURIES TO GOVERNMENT CODE VS. SECTION 910 COUNTY OF CONTRA COSTA Respondent. / TO- THE COUNTY OF CONTRA COSTA: YOU ARE HEREBY NOTIFIED that BLAKE EDWARD DUNCAN, Claimant, who currently resides at 5891 Alhambra Valley Road, Martinez, California, claims damages from the COUNTY OF CONTRA COSTA as hereinafter described. This claim is based upon the personal injuries sustained by BLAKE EDWARD DUNCAN on or about May 21, 1996, when BLAKE EDWARD DUNCAN sustained personal injuries while a passenger driving north on Taylor Boulevard approximately 25 feet south of Pleasant Hill Road in an unincorporated area of- Contra Costa County, State of California. The injuries of BLAKE EDWARD DUNCAN occurred while the vehicle he was a passenger in was driving and negotiating a curve on Taylor Boulevard. The vehicle in which he was a passenger rearended a commercial trailer which was blocking the roadway. Said collision occurred at the above-described area. Claimant alleges that the County of Contra Costa maintained a dangerous condition of public property upon Taylor Boulevard near the intersection with Pleasant Hill AP. h Road. Said location constituted a dangerous condition of public property due to the failure of the County of Contra Costa to properly design said roadway; to eliminate or reduce the blind curve; to eliminate or reduce the amount of drainage allowed to accumulate on said roadway in the event of rainy weather; and to post sufficient reduce speed signs in the vicinity of the area of the blind curve in the roadway. Such dangerous condition of public property was not trivial, created a substantial risk of harm or injury to persons including BLAKE EDWARD DUNCAN, and was in fact a substantial factor in the occurrence of the collision. The names of the public employees causing claimants damages under the above-described circumstances are not known. The damages sustained by the claimant, as far as known as of the date of presentation of this claim are as follows: Expenses for medical and hospital. . . . . . . .In excess of $ 7,500 Loss of earnings. . . . . . . . . . . . . . . . . . . . . . . . . Unknown General Damages. . . . . . . . . . . . . . . . . . . . . . . . . .In excess of $ 50,000 Total In excess of $100,000 Jurisdiction over this claim rests in the Superior Court in that the amount of this claim exceeds the jurisdictional maximum of the municipal court. All notices or other communications with regard to this claim should be sent to THOMAS G. McLAUGHLIN, McLAUGHLIN & PEGNIM LAW OFFICES, 3105 LONE TREE WAY, SUITE A, ANTIOCH, CALIFORNIA 94509 telephone (510) 754-9901. Dated: November 20, 1996 BY: d Y: - d THOMAS G. McLAUGHLIN ATTORNEY FOR BLAKE EDWARD DUNCAN . A0 - AMENDED ­CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 17, 1996 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant tr, : Amount: $10,000.00 + Section 913 and 915.4. Please note al n ngs' . :1 to ` CLAIMANT: Parkash Kaur DEC a 3 1996 ATTORNEY: Murphy, Pearson, Bradley & Feeney COUNTY COUNSEL 88 Kearney St. 11F1r: Date received MARTINEZ CALIF. ADDRESS: San Francisco, CA 94108-5530 BY DELIVERY TO CLERK ON December 3, 1996 BY MAIL POSTMARKED:hand delivered:; .,via County Counsel I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk— �J- �d�s--- DATED: December 3, 1996 BY: Deputy /' II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days.(Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �/ jBY: / Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (,1() 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. C y� Dated: �2/7/9 C' PHIL BATCHELOR, Clerk, By /L-@ v jl-�°�-' 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: A' �2©1g� BY: PHIL BATCHELOR byQj�e- (J9-- 0W— Deputy Clerk CC: County Counsel County Administrator MURPHY, PEARSON., BRADLEY & FEENEY ANTOINETTE W.FARRELL ATTORNEYS AT LAW GREGG A.THORNTON A PROFESSIONAL CORPORATION JANE L.GAMP JAMES A. MURPHY -RANDALL L.THOMPSON ARTHUR V. PEARSON 88 KEARNY STREET, ELEVENTH FLOOR _ MICHAEL K. PAZDERNIK MICHAEL P. BRADLEY SAN FRANCISCO, CALIFORNIA 94108-5530 ANNE F.MARCHANT JOHN H. FEENEY Telephone: (41 5) 788-1900 / Facsimile: (41 5) 393-8087 ALEXANDER J. BERLINE GREGORY A. BASTIAN ALEC H.BOYD TIMOTHY J. HALLORAN MARGARET M.SCHNECK KAREN M. GOODMAN MIKEL C.DEIMLER MARK S. PERELMAN SACRAMENTO OFFICE: JOSEPH E.ADDIEGO III MARK E. ELLIS MARIETTA D.WARD WILLIAM S. KRONENBERG 3600 AMERICAN RIVER DRIVE,SUITE 200 ANTHONY O.AYENI SACRAMENTO,CALIFORNIA 95864-5921 BRETT M.WITTER Telephone: (916)483-6074/Facsimile: (916)483-6088 BRAD S. PARKER BARBARA A.COTTER DENNIS J.PRIOLO GREGORY W. McCRACKEN STEVEN L.JAWGIEL VERONICA E.RENDON KRISTINA L.THORNTON ERICA-L.BRACHFELD JOAN E.LOW FARZAD TABATABAI } November 26, 1996 VIA UPS OVERNIGHT RECEIVE® Victor J. Westman, Esq. rE_C_ Deputy County Counsel M County Counsel' s Office — Contra Costa County CLERK BOARD OF SUPERVISORS 651 Pine Street CONTRA COSTA CO. Martinez, CA 94553 Re: KAUR V. RICHMOND HEALTH Your File : CLAIM OF: Parkash Kaur Our File No. : ZKAR. 7054 . 1 Dear Mr. Westman: I am in receipt of your undated "Notice of Insufficiency" letter served November 15, 1996 . I would have written you sooner, but your letter does not have a return address . I have the medical records for Parkash Kaur from the Richmond Health Clinic . If you would like. to inspect them, please contact me. 3 . Date, Place, or Other Circumstances of the Occurrence. Parkash Kaur was admitted to Brookside Hospital on September, 14, 1996 for drug-induced hepatitis due to isoniazid. She was hospitalized for several days and suffered serious liver damage. It is our .contention that it was error to prescribe isoniazid to a 44 year old woman with a false-positive TB skin test . This apparently was done by Dr. Glatt in early 1996 . MURPHY, PEARSON, BRADLEY & FEENEY Victor J. Westman KAUR V. RICHMOND HEALTH November 26, 1996 Page 2 It is further our contention that the nurse from the Richmond Health Clinic who came out to monitor that the isoniazid medication was being taken failed to note that Parkash Kaur was having an adverse reaction to the medication. We have been unable .to yet determine the name (s) of the nurse (s) who came .to the house . Unfortunately, the medical records do not have more information. 7 . When Occurrence Occurred. Since this claim did not accrue until she became violently ill on 9/14/96, we are well within the 6 month limit . Without the nurse' s records, which apparently are not in the file, we cannot be more specific about the timing. If you have any further questions or concerns, .please do not hesitate to contact me . Very truly yours, MURPHY, PEARSON, B�,ADLEY & FEENEY lexan erJ. Berline AJB. 111593 CC : Parkash Kaur F MURPHY, PFARSON, BRADLEY & FEENEY Victor J. Westman KAUR V. RICHMOND HEALTH November 26, 1996 Page 3 PERSONAL & CONFIDENTIAL Parkash Kaur 5409 Morrow Drive, #E San Pablo, CA 94806 v D v D z ch cn N U) D m 4 ? D � � x � A (02 A a • 1 O v (DD_ O O _ C Z C O c a �D 3 _ T m mm m .+ O N 80 8 . �� v_ Z m x d Z ❑ ' ,o . Q1 7 Q 'i - • '�' . mug v d ((J) Zm w a N CT 11 030 C - m (a A) li 1 'm m C0 • JO rn Y 3m Oc Z • N 3 c - . , B-M m W rj tc: , O O r L-nI N , m m m d Fx N G 'U `v xa m a�0 a m OZ �' � z . 0 2c al ca� No zz ED CD CD -0 o �m 1u �_ mm - � A ❑ Oy .� r .No i a- '� �O �o S z - Vy ��� W W a ` r .� N ��'� N N s 90 .o _— 'O 'o — ❑ g < oNoo 0 3 m z cWOJJ3l W0ffr 2 A DEUVM 1 O 3 � 0 CL y O - f NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO:Alexander J. Berline Murphy, Pearson, Bradley & Feeney 88 Kearney St. 11 FI San Francisco, CA 94108-5530 r RE: CLAIM OF:Parkash Kaur Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] 1. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [XX] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. ( XX] 7. Other: The allegations are vague as to when the occurance which gives rise to this calim occurred. VICTOR J. WESTMAN, County Counsel By: .1)4��1&OV4- D pu y County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code§§641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 1 am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November•15,1996 at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 CLA BOAC 0r SL%Sati:S:-.S 09 CON';.! 'CS.A COUN'V, CA.IFOaN:A December .17, 1996 Claim Against the County, or District governed by) BOA=TION the Board cl Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Boa-: Action. All Section references are to ) The copy of tn's document mailed to you is your notice of Califc-ria Gove-►+*+ent Codes. ) the action taken on your claim by the Board of Supervisc-s (Paragraph Iv below), giverL0w %tl Government Code Amount: $10,000.00 + Section 913 and 915.4. Pltast n -Warnings". CLAIMANT: Parkash Kaur 4 1996 JUNTY COUNSEL '',nT+NEZ CALIF. ATTORNEY: Murphy, Pearson, Bradley & Feeney Attorney At Law Date received November 13 1996 ADDRESS: 88 Kearny St. , 11th Flr. BY DELIVERY TO CLERK ON . San Francisco, CA 94108-5530 •hand deliveredvia Risk M BY TAIL POSTMARKED: � gmt. I. FROM: Clerk of the bard of Supervisors TO: County Counsel Attached is a copy of the abovt•noted claim. DATED: November 14, 1996 �Il pu; y Clerk ��' -- 11. FROM: County counsel TO: Clerk of the Board of Supervisors ( ) This claim Complies wbstantially with Sections 910 and 910.2. (V� This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying Claimant. The Bard cannot act for IS days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it as filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / �� BY: Deputy County Counsel III. FROM: Clark of the Bard TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 812.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the bard's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, 11 , Deputy Clerk YARNING (Gov. Code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice as personally served or deposited in the aril to file A court actfon on this claim. See Government Code Section 945.6. you may seek the advice of an attorney of your Choice in connection writh this utter. 1f you ant to consult an attorney. you should do so immediately. * For Additioial Warning See Reverse Side Of 7his Notice. AFFIDAVIT OF !AILING I declare undtr penalty of perjury that 1 am No. and at all times herein mintioned, have been a citi2en Of the United States. over age 19, and that today I deposited in the 1lnited States Postal Service in Martinez, California. postage fully prepaid a certified copy Of this Bard Order and Notice to Claimant, addressed to the claimant as show" above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Ccorsf County Administrator errithew emorial O�IPOML AND HEALTH CENTERS Ron viamy November 9, 1996 NOV 13 1996 To: Contra Costa County Counsel From: William Walker,M.D.,Health Services Director Re: Parkash Kaur Enclosed please find a Claim regarding the above-named patient mailed to Richmond Health Center by certified mail. enc. vecRon Harvey CONTRA COSTA COUNTY MURPHY, P E A,R S O N,, BRADLEY & F E E N E Y ANTOINETTE W.FARRELL ATTORNEYS AT LAW GREGG A.THORNTON A PROFESSIONAL CORPORATION JANE L.GAMP JAMES A. MURPHY 88 KEARNY STREET, ELEVENTH FLOOR RANDALL L.THOMPSON ARTHUR V. PEARSON MICHAEL K. PAZDERNIK MICHAEL P. BRADLEY SAN FRANCISCO, CALIFORNIA 94108-5530 ANNE F. MARCHANT JOHN H. FEENEY Telephone: (41 5) 788-1900 / Facsimile: (41 5) 393-8087 ALEXANDER J.BERLINE GREGORY A. BASTIAN ALEC H.BOYD TIMOTHY J. HALLORAN MARGARET M.SCHNECK KAREN M. GOODMAN MIKEL C.DEIMLER ^� MARK S. PERELMAN SACRAMENTO OFFICE: JOSEPH E.ADDIEGO III MARK E. ELLIS MARETTA D.WARD WILLIAM S. KRONENBERG 3600 AMERICAN RIVER DRIVE,SUITE 200 ANTHONY 0.AYENI SACRAMENTO,'CALIFORNIA 95864 BRETT M.WITTER BRAD S. PAIR Telephone: (916)483-6074!Facsimile: (916)483-6088 KER BARBARA A.COTTER DENNIS J.PRIOLO GREGORY W.McCRACKEN STEVEN L.JAWGIEL VERONICA E.RENDON KRISTINA L.THORNTON ERICA L.BRACHFELD JOAN E.LOW FARZAD TABATABAI November 4, 1996 CERTIFIED MAIL/RETURN RECEIPT REQUESTED RECEIVE® Richmond Health Clinic MW { 3 RM Attn: Legal Dept . _ � � 38th & Bissell CL ERK BOARD OF SUPERVISORS Richmond; CA 94805 i CONTRA COSTA CO. Re: CLAIM UNDER THE CALIFORNIA TORT CLAIMS ACT To whom it may concern: May this letter serve as a claim on behalf of one of your patients, Parkash Kaur and her family, under the California Tort Claims Act (Government Code §§945 .4 , 950 . 2, 912 .4) . In early 1996'11' a nurse, Georgia, from your Richmond Health Clinic, came to claimants' house to check up on the son, Ravinderjit, who had been previously diagnosed with tuberculosis . Your nurse Georgia came on several occasions and performed skin tests on the other family members, Avtar, the husband, Parkash, the wife, and the daughter, Karamjit . Later, another nurse, an unidentified Asian woman, came to inspect the results of the test . The husband Avtar' s test was negative, while both the wife Parkash and the daughter Karamjit were reported positive . Sometime in March of 1996, they were scheduled for an appointment with your Dr. Glatt . At first, Dr. Glatt said that Parkash did not need treatment, but that her daughter Karamjit did. Avtar, the husband, having had some experience with his son' s illness, asked Dr. Glatt whether they should do a second test on his wife and daughter to confirm the illness. Dr. Glatt MURPHY, PIARSON, BRADLEY & FEENEY Richmond Health Clinic October 29, 1996 Page 2 said that this was not necessary and prescribed medication for both the wife and daughter. Approximately a month after taking the medicine, Parkash had her first complaints of severe pain in her abdomen. Nurse Georgia came several times to confirm that the medication was being taken and was consistently informed of Parkash' s abdominal pains . Nurse Georgia informed Parkash that the problem was most likely muscular and that she needed to sit straight in chairs, not sit on the couch, and recommended doing leg lifts and other .exercises to strengthen her stomach muscles . At no time did Georgia recommend that she come to the hospital or otherwise set up an appointment . At no time did Dr. Glatt or Georgia recommend or schedule that either Parkash or her daughter come in for regular check-ups during the course of the medication. In September of 1996, during the evening, the wife Parkash got sick and threw up. Prior to this incident, she had never gotten sick from the abdominal pains . During that night, she threw up 3 or 4 more times . She began to feel a little bit better, ate a piece of bread, and then threw up a final time at approximately 3 a.m. Her husband Avtar then took her to Brookside Hospital' s emergency room. At the emergency room, she was seen by two doctors . A blood sample was taken, a urine test was taken, and the doctors requested that the TB medication be brought in. Both the doctors informed Avtar that the medication was adversely effecting his wife' s liver. She was immediately given an IV because she was extremely dehydrated and had to stay in the hospital for three days recovering. It turns out that Parkash never had tuberculosis in the first place . The doctors confirmed that she should have had at least two appointments during the course of the medication to check for any adverse side effects . The doctors further confirmed that a second TB skin test should have been done to confirm that she was in fact positive. s� MURPHY, PEARSON, BRADLEY& FEENEY Richmond Health Clinic October 29., 1996 Page 3 While in the hospital, she consulted with a liver specialist who confirmed that serious damage had been done to her liver which might be permanent . ' Therefore, the wife Parkash has a viable claim for medical malpractice . Her husband Autar has a claim for loss of consortium, as do the children. The claimants' names and addresses are : Parkash Kaur, wife Adjit Singh, husband Ravinderjit Singh, son Karamjit Kaur, daughter 5409 Morrow Drive E San Pablo, California 94806 These individuals are all represented by my office and all correspondence and other notices should be sent to my address on the letterhead. Because of the damages in this matter, jurisdiction shall be in the Superior Court . Once you have had a chance to review my letter, please contact me at your earliest convenience . Very truly yours, MURPHY, PEARSON, BRADLEY & FEENEY Alexander J. Berline AJB. 108434 CC : Autar Singh Parkash Kaur . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 15, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Jurisdiction, Superior Court Section 91_V_1111II�VV3 ote all "Warnings". CLAIMANT: Parkash Kaur, Adjit Singh, JJ�� Ravinderjit Singh and Karamjit Kaur JUN 2 0 1997 ATTORNEY: Alexander J. Berlin COUNSEL Murphy, Pearson, Bradley & Feeney Date received MARTINEZCALIF` ADDRESS: 88 Kearny St. , 11th Floor BY DELIVERY TO CLERK ON June 20, 1997 San Francisco, CA 94108-5530 BY MAIL POSTMARKED: Hand Delivered via: County Counsel I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 20, 1997 IVIL BATCYELOR, Clerk epuII. 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: Ata &Cdf.(ln GY/-Z'I �!, /f�� Dated: 1,��Z BY: �� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By. Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator MURPHY, PEARSON, BRADLEY & FEENEY ANTOINETTE W.FARRELL ATTORNEYS AT LAW GREGG A.THORNTON A PROFESSIONAL CORPORATION JANE L.DAMP JAMES A. MURPHY RANDALL L.THOMPSON 88 KEARNY STREET, ELEVENTH FLOOR ARTHUR V. PEARSON MICHAEL K.PAZDERNIK MICHAEL P. BRADLEY SAN FRANCISCO, CALIFORNIA 94108-5530 ANNE F.MARCHANT JOHN H. FEENEY Telephone: (41 5) 788-1900 / Facsimile: (415) 393-8087 ALEXANDER J.BERLINE GREGORY A. BASTIAN ALEC H.BOYD TIMOTHY J. HALLORAN MARGARET M.SCHNECK KAREN M. GOODMAN MIKEL C.DEIMLER MARK S. PERELMAN SACRAMENTO OFFICE: JOSEPH E.ADDIEGO 111 MARK E. ELLIS MARIETTA D.WARD WILLIAM S. KRONENBERG 3600 AMERICAN RIVER DRIVE,SUITE 200 ANTHONY 0.AYENI SACRAMENTO,CALIFORNIA 95864 BRETT M.WITTER Telephone: (916)483-6074/Facsimile: (916)483-6088 BRAD S.PARKER BARBARA A.COTTER DENNIS J.PRIOLO GREGORY W.McCRACKEN STEVEN L.JAWGIEL VERONICA E.RENON KRISTINA L.THORNTOIi ERICA L.BRACHFELD JOAN E.LOW t FARZAD TABATABAf November 4, 1996 RECEIVED W'111d/� CERTIFIED MAIL/RETURN RECEIPT REQUESTEDJUN 2 01997 Richmond Health Clinic Vi" Attn: Legal Dept . CLERK BOARD OF PERVISORS 38th & Bissell CONTRA COSTA CO. Richmond, CA 94805 Re: CLAIM UNDER THE CALIFORNIA TORT CLAIMS ACT .To whom it may concern: May this letter serve as a claim on behalf of one of your patients, Parkash Kaur and her family, under the California Tort Claims Act (Government Code S§945 .4, 950 .2, 912.4) , In early 1996, a nurse, Georgia, from your Richmond Health Clinic, came to claimants' house to check up on the son, Ravinderjit, who had been previously diagnosed with tuberculosis. Your nurse Georgia came on several occasions and performed 'skin . tests on the other family members, Avtar, the husband, Parkash, the wife, and the daughter, Karamjit . Later, another nurse, an unidentified Asian woman, came to inspect the results of the test . The husband Avtar' s test was negative, while both the wife Parkash and the daughter Karamjit were reported positive. Sometime in March of 1996, they were scheduled for an appointment with your Dr. Glatt . At first, Dr. Glatt said that Parkash did not need treatment, but that her daughter Karamjit did. Avtar, the husband, having had some experience with his son' s illness, asked Dr. Glatt whether they should do a second test on his wife and daughter to confirm the illness. Dr. Glatt • MURPHY, PEARSON, BRADLEY & FEENEY Richmond Health Clinic October 29, 1996 Page 2 said that this was not necessary and prescribed medication for both the wife and daughter. Approximately a month after taking the medicine, Parkash had her first complaints of severe pain in her abdomen. Nurse Georgia came several times to confirm that the medication was being taken and was consistently informed of Parkash' s abdominal pains. Nurse Georgia informed Parkash that the problem was most likely muscular and that she needed to sit straight in chairs, not sit on the couch, and recommended doing leg lifts and other .exercises to strengthen her stomach muscles. At no time did Georgia recommend that she come to the hospital or otherwise set up an appointment . At no time did Dr. Glatt or Georgia recommend or schedule that either Parkash or her daughter come in for regular check-ups during the course of the medication. In September of 1996, during the evening, the wife Parkash got sick and threw up. Prior to this incident, she had never . gotten sick from the abdominal pains . During that night, she threw up 3 or 4 more times. She began to feel a little bit better, ate a piece of bread, and then threw up a final time at approximately 3 a.m. Her husband Avtar then took her to Brookside Hospital' s emergency room. At the emergency room, she was seen by two doctors. A blood sample was taken, a urine test was taken, and the doctors requested that the TB medication be brought in. Both the doctors informed Avtar that the medication was adversely effecting his wife's liver. She was immediately given an IV because she was extremely dehydrated and had to stay in the hospital for three days recovering. It turns out that Parkash never had tuberculosis in the first place. The doctors confirmed that she should have had at least two appointments during the course of the medication to check for any adverse side effects . The doctors further confirmed that a second TB skin test should have been done to confirm that she was in fact positive. • MURPHY, PEARSON, BRADLEY & FEENEY Richmond Health Clinic October 29, 1996 Page 3 While in the hospital, she consulted with a liver specialist who confirmed that serious damage had been done to her liver which might be permanent. Therefore, the wife Parkash has a viable claim for medical malpractice. Her husband Autar has a claim for loss of consortium, as do the children. The claimants, names and addresses are: Parkash Kaur, wife Adjit Singh, husband Ravinderjit Singh, son Karamjit Kaur, daughter 5409 Morrow Drive E San Pablo, California 94806 These individuals are all represented by my office and all correspondence and other notices should be sent to my address on the letterhead. Because of the damages in this matter, jurisdiction shall be in the Superior Court . Once you have had a chance to review my letter, please contact me at your earliest convenience. Very truly yours, MURPHY, PEARSON, BRADLEY & FEENEY Alexander J. Berline AJB. 108434 cc: Autar Singh Parkash Kaur MURPHY, PEARSON, BRADLEY & FEENEY ANTOINETTE W.FARRELL ATTORNEYS AT LAW GREGG A.THORNTON A PROFESSIONAL CORPORATION JANE L.GAMP JAMES A. MURPHY 88 KEARNY STREET, ELEVENTH FLOOR RANDALL L.THOMPSON ARTHUR V. PEARSON MICHAEL K.PAZDERNIK SAN FRANCISCO, CALIFORNIA 94108-5530 MICHAEL P. BRADLEY ANNE F.MARCHANT JOHN H. FEENEY Telephone: (41 5) 788-1900 / Facsimile: (41 5) 393-8087 ALEXANDER J.BERLINE GREGORY A. BASTIAN ALEC H.BOYD TIMOTHY J. HALLORAN MARGARET M.SCHNECK KAREN M. GOODMAN MIKEL C.DEIMLER MARK S. PERELMAN SACRAMENTO OFFICE: JOSEPH E.ADDIEG0111 MARK E. ELLIS 'MARETTA D.WARD WILLIAM S. KRONENBERG 3600 AMERICAN RIVER DRIVE,SUITE 200 ANTHONY 0.AYENI SACRAMENTO,CALIFORNIA 95864-6921 BRETT M.WITTER Telephone: (91'6)483-6074/Facsimile: (916)483-6088 BRAD S.PARKER BARBARA A. COTTER ._T DENNIS J. PRIOLO � GREGORY W.McCRACKEN d NZ STEVEN L.JAWGIEL +4sh 7 VERONICA E.RENDON hj is r' KRISTINA L.THORNTON ERICA L.BRACHFELO COUNTY l(.J!".71 JOAN E.LOW MARTINEZCr+.IF FARZADTABATAW. June 16, 1997 VIA HAND DELIVERY Richmond Health Clinic Attn: Legal Dept . ; and Dr. P. Glatt; and Nurse Georgia (last name unknown) 38th & Bissell Richmond, CA 94805 VIA UPS OVERNIGHT Victor J. Westman, Esq. . Deputy County Counsel County Counsels Office Contra Costa County 651 Pine Street Martinez, CA 94553 Re: KAUR V. RICHMOND HEALTH Your File : CLAIM OF: Parkash Kaur Our File No. : ZKAR. 7054 . 1 Dear Richmond Health Climic, Dr. P. Glatt, and Nurse Georgia (last name unknown) , and Mr. Westman: May this letter serve as a CCP §364 (b) 90 Day Notice of Intent to Commence Suit against : Richmond Health Clinic; Dr. Galtt; f Georgia (alst name unknown) , a nurse; and Unidentified Doe Defendants . • MURPHY, PEARSON, BRADLEY & FEENEY Victor J. Westman KAUR V. RICHMOND HEALTH June 16, 1997 Page 2 1. Facts. See our enclosed November 4, 1996 letter. 3 . Date, Place, or Other Circumstances of the Occurrence. Parkash Kaur was admitted to Brookside Hospital on September 14, 1996 for drug-induced hepatitis due to isoniazid. She was hospitalized for several days and suffered serious liver damage. It is our contention that it was error to prescribe isoniazid to a 44 year old woman with a false-positive TB skin test . This apparently was done by Dr. Glatt in early 1996 . It is further our contention that the nurses from the Richmond Health Clinic who came out to monitor that the isoniazid medication was being taken negligently failed to note 'that Parkash Kaur was having an adverse reaction to the medication. Very truly yours, MURPHY, PEARSON, BRADLEY & FEENEY c Alexander J. rle AJB. 125461 CC: Parkash Kaur RECEIVED ,r �i-•ry 3 JUN 2 0 '4.iy1. COUNTY COUNSEL'S OFFICE CLERKBOARD CONTRA COSTA COUNTY CCONTRA �SORS COSTA CO. MARTINEZ, CALIFORNIA Date: June 19, 1997 To: Jeanne Maglio, Clerk of the Board of Supervisors From: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County Counsel Re: Claim of Kaur vs Richmond Health `J Please treat the attached two letters as a claim. They were misdirected to both the Richmond Health Clinic and our office. Thank you for your assistance. GCH:kw Attachments cc: Risk Managment H:\GROUPS\TORT\RISK-MGT\CLAIMS\EEALTH.WPD CLAi"". BOA;: or 5}FcR�:S:-.S or CON,;! .CS'k COuN"r CALIFORN:A December 17, 1996 Claim ASZinst the County, or District governed by) BOAR. A4710k the loarc c, Supervisors, Routing Endorsements, ) NOTICE Tp CLAIMANT and Boa-: A:tion. All Section references are to ) The copy of tris doCufflient mailed to you is your notice of Califo-rid Gove-nment Codes. } the action tater on your claim by the Board of Suptrvisc-5 (Paragraph IY below), given pursuant to Amount: $100,000.00 Section 913 and 915.4. Phase note all • ngs". CLAIMANT: Gary D. Mosbarger NOV 1996 901 Court St. MAR IY COUNSEL ATiORNEY: Martinez, CA 94553 mate received ADDRESS: BY DELIVERY TO CLERK t1N� fiber 25, 1996 9Y MAIL POSTMARKED: November 22, 1996 1. FROM: Clerk of the Board of Supervisors T0: county Counsel Attached is a copy of the above-noted claim. BATED: November 26 1996, �}L DeputYl�, Clerk -a.�---- Y.��.II� 11. FROM: county Counsel 10: Clerk of the Board of Supervisors U} 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 Bard cannot act for 15 days (Section 910.!). ( } 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 911.5). ( } Other: Dated: r 8Y: �!/• Deputy County Counsel 111. FROM: Clerk of the bard TO: County Counsel (1) County Administrator (2) { } Clams was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present {X} This Claim is rejected in full. ( ) Other:,w �--- I certify that this is a true and cornett copy of the Hoard's Order entered in its 'minutes for this date. DaUtQ: `7 PHIL tATCMELOR• Clerk, By� "�'^'"t "`'�" , Deputy Clerk .YY IY�.���YYY_YY��YY�IIYYII�IIIw� WANING (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 :aril 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 Frith 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 111 times herein mantioned, have Ogen a citizen of the United States. over age IS; and that today I deposited in the united Sutsi Postal Service in Nartinez, California, postage fully prepaid a certified copy of this Bard Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ��j2o/q!o BY: PHIL BATCHELORb — -- Deputy clerk 7— CC: covnty 4C:r,se` County Administrator i lain to: BOARD OF SaFE"MORS OF CONTRA COSTA COMITY r IHSMCTIONS TO M AIWM 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 11 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.) S. 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 and of this 'roan. efrasuslif ilf � � l � a � fa • ! � alf • � l1t • RE: Claim By ) Reserved for Clerk's filing stamp �T YYIo� arc ) ) = RECEIVED 5, Against the pounty of Contra Costa NOV ? 51996 District) CLERK BOARD OF S�UFr"V!'k)r F in name CONTRA CO..:.: The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the aum of $ _ 1'/Trywin, O and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Yo 49,-v AYdV GL � Q_k 330 f 2. mere aid the damage or injury a.-our? iinclurie citiy and 00=ty) 3. Row did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular actor omission, on the part of county or district officers, servants or employees caused the injury or damage? ' ��s �,��a-� 6o roJdc�a c.�. 0.rQ�g„Q c�,�eS��,c� w� 5y5+-. wb��. dS V e� •5. What are the names of county or district officers, servants or employees causing the damage or injury? S� 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. L 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ?�.V-\ 4- S C=��c� 1 vYNOa , \`e- 6. blames and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DAT£ ITEM e • e f e • i e f • e s • a a • e a * e f e f e e a e a e s a f e • • f f s f e f e Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SM NOTICES T0: (Attorney) or by some Person on his behalf." Name and Address of Attorney YX&A. Claimantvs ignature ® (J.4- (Address) Y 1Y\k)-? C, Telephone No. Telephone No. a • • • +� ia ea * • fs • f sef NOTICE Section 72 of the Penal Code provides: "Every person who, With intent to defraud, presents for a1lomnoe 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 ane 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 ($10,0009 or by both such imprisonment and fine. �M Vy^ c G*N cry 04 jT4 7p � I'A'A, 1(p rC7 F13Loo, � rro ollec ' r Q, _ _ 1 CLA14. BOA;: or Su;ERS:S.:S Or CO's-;.- CCS'A COUN'Y, CA.IFORN:A December 17, 1996 Claire Against the County. or District governed by) BOAS AC710N the BoarC c' Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT and Boa-: A:tion. All Section references are to ) The Copy of this document mailed to you is your notice of Califo-nia hove-n"Ilt Codes. ) the action taken on your claim by the Board fp Zvi (Paragraph IV below), given pursuant to Gov 77o Mount: $10,000.00+ Section 913 and 915.4. please note all •warn ngs• NOV 2 6 1996 CLAIMANT: Maria del Carmen Meraz, individually and as Guardian ad Litem for COUNTY COUNSEL Alfonso Meraz, Jr. and Victoria Meraz MARTINEZ CALIF. ATIORNEY: Andrew C. Schwartz Casper, Meadows & Schwartz Date received November 26, 1996 ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON 11' MAIL POSTMARKED: November 22, I A(��_��„ 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the abovt-noted claim. November 26 1996 Il eATC IY. CIODATED., � �: Oepu Y. 11. FROM: County counsel TO: Clerk of the Board of Supervisors (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are to notifying claimant. The Bard cannot act for 15 days (Section 910.8). ( ) Clain is not timely filed. The Clerk should return claim on #round that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �1.6 �y�0 BY: Deputy County Counsel III. FROM: Clerk of the Bard TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untively with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (/() This Claim is rejected in full. ( Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /0,//-7194.- PWIL BATCHELOR. Clerk. By /i'`'�`e / . Deputy Clerk YARNING (Gov. code section 913) Subsect to Certain exctpti*nS% 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 94S.6. you may seek the advice of an attorney of Our Chpice in CDnnfttion with this matter. If you went 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 nor,o and at all times herein mentioned. MV* Omen a citizen of the United States. over age 18; and that today 1 deposited in tae united States Postal Service in Martinet. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as show above. Dated /Z�Z6P'1.7& B1': PEAL BATCHELOR b �R- ���JDtputy Clerk CC: Cointy Cc4rse� County Administrator RECEIVED ANDREW C. SCHWARTZ (Bar No. 064578-0-5) CASPER, MEADOWS & SCHWARTZ NOV 2 2 0% A Professional Corporation California Plaza 2121 North California Boulevard, Suite 1020 OAK BOARD OF SUPERVISORS Walnut Creek, California 94596 CONTRA COSTA CO. Telephone : (510) 947-1147 Attorneys for Claimant Maria del Carmen Meraz, individually, and as Guardian ad Litem for Alfonso Meraz, Jr. and Victoria Meraz CLAIM AGAINST COUNTY OF CONTRA COSTA, CALIFORNIA TO: COUNTY OF CONTRA COSTA, CALIFORNIA CLAIMANTS' NAME : Maria del Carmen Meraz, individually and as Guardian ad Litem for Alfonso Meraz, Jr. and Victoria Meraz CLAIMANT' S ADDRESS : 143 Riverview Drive Pittsburg, CA 94565 ADDRESS TO WHICH Andrew C. Schwartz NOTICES ARE TO BE SENT: Casper, Meadows & Schwartz 2121. N. California Blvd. , #1020 Walnut Creek, CA 94596 DATE OF OCCURRENCE: May 23 , 1996 PLACE OF OCCURRENCE: Waterfront Road in Contra Costa County, California HOW DID CLAIM ARISE : At approximately 4 :30 a.m. on May 23, 1996, Alfonso Meraz, hereinafter "decedent, " who was employed by ARB Construction Company, and was working on a pipeline project on Waterfront Road in Contra Costa County, California, was killed when he was run over by a vehicle owned by Valley Road Oil Service LSE, and operated by Gregory Keith Byers . - 1 - The area in which this accident occurred was on a roadway within the County of Contra Costa. Permits for the work in which decedent was involved at the time of his death were issued by the County of Contra Costa, and provided for regular inspections by the County of Contra Costa. These inspections were not properly undertaken. Additionally, the area in which the decedent was killed constituted a dangerous condition of public property. The County of Contra Costa failed to properly fulfill its duty to inspect the work project for which the permits were issued. This failure to properly inspect the work place was a legal cause of the death of the decedent . Claimants are making a claim for the wrongful death of the decedent . This claim includes loss of support, loss of future support, loss of consortium, love, society and companionship. The names of the public employees causing the claimants, injuries are unknown at the present time. The amount of this claim falls within the jurisdiction of the Superior Court . DATED November 22, 1996 . CASPER, MEADOWS & SCHWARTZ A Professional Corporation 01 Y ANDREW C. SCHWARTZ Attorneys for Claimant, - 2 - C� (7 N 0> 00 z 0 Z> z fn o g x to no 'V R1 "' � r obi C) N �- zoo C: r r ,n m r: 0 �, � 0 � tp 9 > � z Nz z a N 3 C1 f7 CA xf f7 I wOa H 0 W.W N d N N m 0 m 0 � t � cn cn n L^ nrtnC C�13 �+ 1 Ob N30 -j m z 00 m HM Hr �orta� c u m� as i Ln 0 0 �o w -,1w 0 M a �; 03 H \ 03 2 r - z \ - r a, xii::.i fi 7 W O p p6 ry p 1 m >CL .. a- ` m M CD CA i_C...... .�.a d W r- IU r i W Ca CL v r,p t a.s pf ti, \tU 'tail !p«ris tD Q ri � ro a (D (D P� � 1 � �' w m� CT rS N N t-t CO N ;K Cl i6 a 9 1 4o o0 � C N Collect ado fl C c � } b 4 N CLAN. BOA,'. 0r S,;;EWS:;.S 01 CON-;.! :^S% COUNTY, CA:IFORN?A December 17, 1996 Claim Against the County, or District governed by) BOA`: AC?ION the Boa►d c' Supervisors. Routing Endorsements, ) NOTICE 10 CLAIMANT and Boa-: A:tion. All Section references are to ) The copy of this docue+ent mailed to you is your notice of Calife-ria Gove•nmert Codes. ) the action taken on your claim by the Board of Supe-vise- (Paragraph IV below), given pursuant to•aoor �t GdCe� Mount: $123.16 Section 913 and 915.1. Please note all gs �• CLAIMANT: Kennedy Powell NOV 2 a"! (WOI 846 S. - Linwood ATiORNEr: Visalia, CA 93277 COUNTY COUNSEL Date received = MARTINEZ,CALIF. ADDRESS: BY DELIVERY TO CLERK ON November-777 7796 BY HAIL POSTMARKED: hand delivered: via Risk Mmt. I. FRON: Clerk of the bard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 25, 1996 OIL OeDUTyLORy_� `"�-"�js-� + 11. fRON: County counsel TO: Clerk of the Board of Supervisors 00 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 Surd cannot act for 15 days (Section 910.8). ( ) Claims is not timely filed. The Clerk should return claim on ground that it was tiled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ��/ I96 BY: (SCA Deputy County Counsel III. FROM: Clerk of the Bard 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 Supervisors present (x) This Claims 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, e7'--�� �d'0—� Deputy Clerk WANING (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 •il 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 Warrdng See Reverse Side Of TKis Notice. AFFIDAVIT Of NAILING I declare under penalty of perjury that I q new, and at all times herein mentioned, have been a citi2en of the United states. over age M and that today I deposited to tow united States Postal service in fertine:, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 1_f_AW A9 BY: PHIL BATCHELOR b � -- Deputy Clerk CC: County ccrrse County Administrator . - Ron HarVeY Clair- to: BOAP.D OF SUPERVISORS OF CONTRA C WA 00UN1-Y V 5 INsTTRuchous To aAMARr A. Clzi=s relating to causes of action for death or for injury to person or to per- sonal ProPe'tY or growing crops and which accrue on or before December 319 1987, :oust be presented not later than the 100th day after the accrual of the cause of action. Claim ting to causes of action fbrA%ath or fw WurY tO per-Sm • or to personal property grog at and Web aowue m acs after Jam=T 1. 1988, mast be presented not later than six months after the aomval of the cause of action. Claims relating to any other rause of action must be pt aented not later than me year after tate accrual. of the cause of action. (Govt. Code 5911.2.) B. Claims mast be filed With the Cleric of the Board of Supervisay IS at its offioe in Room 1+06, Cowity Adainistratien Building. 651 Pine Street• Har'tinez. Ch 9953. C. If claim is-against a district governed by the Board of Supervisors, rather than the Coiutty, the Daae of the District should be filled in. D. If the claim is against moire than one public entity, separate claims mist be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal.Code Sea. 72 at the end of this cr--. - 4 # # iIF � IEfIF �Ftf BE: Claim By ). Reserved for Cleat's filing stamp � RECEIVED Against the County of Contra Costa {W 2 5 1996 or District) CLERK BOARD OF SUPERVISORS (Fillin name - CONTRA COSTA co. The taadersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the scan of $ 12 3 . lP and in support of this claim represents as follows: I. WM did the damage.or injury o=a? '(Give exact date and hour) 2. Wbesre did the damage or injury o=w? (Ine]zde city and county) 3. NOW did the damage or injury occur? (Give tti13.1 details; use extra paper if r TI. i8tat particular act or omissieci on the part of county or district officers, J"ABO' b4 servants or employees caused the injury-or damage? ��f,'c . t��- eke r �•,a A�(,so ,t�.,,�' � ... . rmat are ':,ne nam,--s of caanLy or district officers, servants or eMloyees causing damage or it jury? 5. Wbat damage or injuries do yw el a l m remAted? (Give f UU extent of -inJuries Or images claimed. Attach two estimates for• eUW 4MV- - t claimed above cca ?_ {� the estimated Mwnt 'of -any q Shu ...the saaam .._ . ordne. _ prospective is�ry -- -• - _ $. Names and addresses of Witnesses, doctor's end bFi • G,,.e.a.,�.. e,.A ON COO-f-IT13 9• -List the itures yw--matle on a0mat *:r-this 'tor DATE ITEM 2*151 ea� e +� eeeee .ecce +� �ce ,�t �t_�.:-e�t�eef � �tert �trt �teeee � eee �te +� Goy. Code Sec. 910;2 provides: -.claim must be signed by the claimant his-behalf•" SM NMCES 70: (Atto*�e ? some dame and Address of Attorney C tIS Signature �c�,4 .-. S. , Luo.►.l • �--t.- Address- Telepbwe No. Section 72 of the.,Penal flodeovides: Vresen intent .to tlefraucS: is ,far-.Allo I for � .moo, x�P icer `+03`#o =any 1ty,-,.*ity.crAistriCi board _._.. r �y �#;o asOt �ttate-Do�tt'd:. . ' „ff:fin q My Aft"tel-fterit ;.. . to a 3ow, or pay-the �t i s ..Q icer; iauthar' ble either :bY ' , �: .bi11, :eoc�o►mt, Vii' writitaB; an on y�,x -by a. of not exceeding the c=ty jail for a period of not mare than risa _nt in ane thousand ($1,4001, or by both such jWrlsonment and fine, or by.•imp the state prison, by a fine of not exceeding 'Len thousand dollars ($14,000, ,or by bornirisazrae.^t and .irrp. _. Ron t.{arveY Claim to: BOAPa OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT NQv A. Clam 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 nth or for injury to person • Or to PersOnal PrePerty or ging cps 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 are 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 Sea. 72 at the end of this R£: Claim By ) Reserved for Clerk's filing stamp 3 RECEIVED Against the County of Contra Costa NOV 2 51996 or District) CLERK BOARD OF SUPERVISORS. Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of 17-3 . X('0 and in support of this claim represents as folia,,m: 1. When did the damage or injury occur? -(Give exact date and hour) -Al 2. Where did the damage or injury oocur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if � . required) '1 ro POT lw tt d- A,-0, , w• -- j�Jw:,L u. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? kG2 'eve- v<,,r tcx. �.. 'a-. &C,,-Ld �av�- ti-��-�• �/lam , �. Wnat are the nares of county or district officers, servants or employees causing the dazage or :Ln jcr y? 5: What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ­Lo QL f Q& 7.. ..- Hoa was the. amount claimed above .computed? (include the estimated amount of any prospective injury or e.. - . 8. Names 'and. addresses of witnesses, doctors and hospitals. I aA 9. Inst"th6 i_ ._ ditures--you-made on account of this.areident or .in ury T. DAITS _ .. , Gov. Code Sec. 910:2 provides: "The„claim must be signed by the claimant SEND NOTICES TO.--- (Atto_rne ) or b' "someperson.on. his behalf." Name and.Address of Attorney Cla tis Signature) (,�cw o ®tet (Address) 4 tn5e-J(!4 cA Telephone No. .� - - Telephone'No. ?b9 732-."? �_• A 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 s,�^_h - i etre service by }, In a i ice �,`,TR'A*NSACTI!ON,'.#. .IN05k:,53G1'7. FA�tf:SIL�E L?F''IiiE --11 241 # Sriclin�l r�t�T CREEF GFa: 9.45§6" FrHQNE, 4 ;111 Y.45 1 ` r r,"} Cc-ea�ed FrL"m .1 fly 45 1 t^ J,. i QWt 1LL t;:Ei�4 -EH"e. 95 HONDA C1 V I C 846 -S. W I iAE=•Jniar= j.I gENSE: '3F'FU29 t a VISALIA,. CN :9327� .: �r:MILEAGE 26583 ,43f_7 `8'73 W ({, y ! a tfr', ," IN ACCOUNT# ;Q PTY, xEJ� O t. t} h ,1f i• ./ lrl ! \ , .t !G, � `.s` .:;fi ..l,fi tr'-v° 3 i r , i -. - . . F:gr•yy'.i•'} A.. - i.T,._4 `il:',4,:1'. i1 - t i-t vl:`}. 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A B C D W h TOTAL PARTS A�D,LADOR yr SAVEOIATIRES: 0� B Cast! = 323.i^ Check Card 1 = SALES TAX a -.04 ;Card - a Charge - Coupon'.= • • j3. 1. .. s�"'='i"�1^w"�9^„p+ep�s'�.n'�'r.+ - _ 'cern` a.wm. »..vcrcna�vtw+7x'awe^a.+'f'{Ss• "@ +».ti*;s'rRs�"�"`� 7 l "1 ,` ES�MATED=COSTS $ ' �REUISED'ES11MA1 � 1DDIT10NA' ORKXs�� , i ,• r x n n,:;se;ea:�r..•,+.:. aAle» t�F''4 t4 hereby authorize the repair work to be done abng with the,necessa�materials.Wheel Works and its employees may operate'above'vehicle for purposes of'testirg,inspection or deliJery ai iriy nsk:An.: PARTS LABOR I TOTAL: express meohanic's lien is acknowledged'on above vehicle to secure the amount of repairs thereto.It is also understood that'Wheel Works will not be held responsible for bss or damage to vehicle or articles AUTHORIZED BY IN PERSON'[] BY PHONE❑j left in vehicle incase of fire,theft or any other cause beyond Wheel Works control.ALL PARTS AND MERCHANDISE ARE NEW UNLESS 4- RETI IRN PARTS n NOTED.(R-REMANUF RED, DATE TIME CALLED BY PHONE NUMBER - --•- - -.- -.-----.--- --- - --- - t . ; . . �► .. • Sire service by; . 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C }. tS:"i 1.11 4- r }.).. .i 1,:,,= Wit.) la - % . Y: } ! , Ic'q,( f�.'.- 4 Cj �1. .,( /:t'. y'i? CLA1m BOA;' Or S�cra�:S�=.S 0r CO's'%! ::57A COUNTY, CA:IFOaN:A December 17, 1996 Claim Against the Courty, or District governed ty) BOA;. ACTION the Boarc c` Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT and Boa-: action. All Section references are to ) The copy of this document mailed to you is your notice of Califc-•ia Govern"',t Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given p41 - ode A^ount: $6,500.00 Section 913 and 915.4. PIlas Ire at,l •klarn CLAIMANT: Douglas Lif ton NO V 2 2 1996 1365 Mt. Pisgah Apt. 30 COUNTY ART YCOUNSEL UNS L ATTORNEY: Walnut Creek, CA 94596 Gate received ADDRESS: BY OELIVERY TO CLERK ON November 22, 1996 BY NAIL POSTMARKED: hand delivered 1. FROM: Clerk of the Bard of Supervisors TO: County counsel Attached is a copy of the above-noted claim. ILApuVELOR, Clerk DATED: November 22, 1996 : �pu y II. FROM: County Counstl T0: 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 90 notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Bw rd 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 0 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 ��u � -- y �- � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice as personally served or deposited in the nil 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 tatter. If you ant to consult an attorney, you should do so immtdiattly. 0 For Additional Warning See Reverse Side Of 7his Notice. AFFIDAVIT OF NAILING I. declare under penalty Of perjury that I as now, and at all times herein mentioned, have been a citiien Of the United States, over age 18, and that today I deposited in flat United States Postal service in w rtinez, California, postage fully prepaid a certified copy Of this Board Order and Notice to Claimant, addressed to the claimant as shorn+ above. Dated. Af-l'-LOOS BY: PHIL BATCHELOR Deputy— Deputy Clerk CC: Cc-Jr-ty Cc.,rse County Administrator i RECEIVE® NOV 22 . J CLAIM AGAINST PUBLIC ENTITY [Gov §§905, 905 .2, 910, 910 .21 CLERK BOAR OF SUPERVISORS CONTRA COSTACO. ��-:---tetra Costa County Douglas Lif ton hereby makes claim against the County of Contra Costa for the sum of $5, 000 and makes the following statements in support of the claim: 1 . Claimant' s mailing address is 1365 Mt. Pisgah, Apt . 30, Walnut Creek, California 94596 . 2 . Notices concerning this claim should be sent to 1365 Mt. Pisgah, Apt. 30, Walnut Creek, California 94596. 3 . The date and place of the occurrence giving rise to this claim is October 30th and October 31st 1996 at the Contra Costa County Main Detention Facility in the City of Martinez. 4 . The circumstances giving rise to this claim are as follows: On the evening of October 30, 1996 the Walnut Creek Police Department or their agents arrested Claimant at his home in the City of Walnut Creek ostensibly on a warrant for failure to surrender in conjunction with Docket Number 1-100729-3 . In fact, the surrender date had been vacated by the Honorable Garrett Grant, Judge of the Superior Court, prior to the actual. surrender date and the vacating of the surrender date had been noted in the Clerk' s Minutes in the Superior Court. The Contra Costa County Sheriff' s Department Warrant and/or Detention Division in advertently transposed the docket number on their records resulting in the issuance of a warrant without just or legal cause. As a result of the negligence of the Contra Costa- County Sheriff' s Department, Claimant was deprived of his liberty until the matter could be 1 t brought to the attention of the Sheriff and the Clerk of the Superior Court by his then counsel of record, resulting in his unlawful detention for a period in excess of 12 hours. 5 . Claimant' s injuries are as follows: (a) The loss of liberty due to the unlawful detention for a period in excess of 12 hours. (b) Attorney' s fees and costs incurred in obtaining the Claimant' s release from unlawful custody. (c) Damages for humiliation and embarrassment as a result of the unlawful arrest. (d) Lost wages. 6 . The name of the public employee who caused the Claimant' s injuries is unknown, but believed to be an employee of the Contra Costa County Sheriff' s Department. 6,SoO. itl 7. My claim as of the date of this claim is S . The basis of computation of the above amount is as follows : (a) The loss of liberty due to the unlawful detention for a period in excess of 12 hours; $2, 500 . (b) Attorney' s fees and costs incurred in obtaining the Claimant' s release from unlawful custody; $500 . (c) Damages for humiliation and erobarrassment as a result of the unlawful arrest; -275� (d) Lost wages; $1, 000 . Total $&-,-MrDated: DOUG A. L FTO , Claimant 2 C_ 140 CLAIM BOAC Or SU%Ear:5:�.5 0r CON' r.574 COuN'v, CA! IFCQN';A December 17, 1996 Claim Against the County, or District governed by) BOA;'-, the Boarc c' Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT and Boa-: A:tion. All Section references art to ) The copy of this document mailed to you is your notice of Califorrit Gove-nmeIt Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below). given pursuant to Government Code Amount: $50,000,000.00 Section 913 and 915.4. Please note all •klarn - C�1�Ttd�� CLAIMANT: Jerrell R. Lewis 433 Beaulieu Lane NOV 2 6 1996 ATTORNEY: Oakley, CA 94561 Date received C®UNl`YQOUNBI:L ADDRESS: BY DELIVERY TO CLERK ON November 26 1996 MARTINEZ dALIF. BY MAIL POSTMARKED: hand delivered 1. FROM: Clerk of the Board of Supervisors 70. County Counsel Attached is a copy of the above-noted claim. DATED. Il ATCVIELOR. Clark�9 • November 26 1996 : PuTy 11. FR 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 clainnt. The Bard cannot act for 16 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: /7/w/ BY: Deputy County Counsel III. FROM: Clerk of the Bard TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. 80AU ORDER. By unanimous vote of the Supervisors 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. gated: �2/i7�9 PHIL BATCHELOR. Clerk, By /i-` mil—a` . Deputy Clerk YARNING (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 nil 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 went 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 W nor, and at all times herein mentionedo have been a citizen of the united Statess over age 18; and that today I deposited in t* Anited States Postai service in Martinez. California, postage fully prepaid a certified copy of this Bard Order and Notice to Claimant. addressed to the claimant as shown above. Dated: AOF/W/9f BY: PHIL BATCHELORDye-9/�-' / Deputy Clerk CC: Covrty Cc.,r.se, County Administrator NOTICE OF CLAIM AGAINST THE (GOVERNMENT CODE SS 810, 910.2) RECEIVED d. RETURN -- RETURN TO: JERRELL R.LEWIS NOV 2 6 S6 COPY TO: 433 BEAULIEU LANE OAKLEY,CALIF., 84561 CLER BOARD OF UPERVISORS CONTRA COSTA CO. PHONE NUMBER:-(510) 679-0220 CLAIMANT NAME: SAME AS ABOVE CLAIMANTS ADDRESS SAME AS ABOVE NUMBER STREET SAME AS ABOVE_ CITY STATE ZIP CODE NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS SHOULD BE SENT (IF DIFFERENT NONE FROM ABOVE) 11t22/96-1123/96 (RELATED CHARGES,CITING PATTERN OF OF ABUSE,DISCRIMINATION AND NEGLECT.) DATE OF THE ACCIDENT OF OCCURENCE: CONTRA COSTA COUNTY SHERIFF DEPT. RE:(MARTINEZ DETENTION FACILITY) PLACE OF THE ACCIDENT OF OCCURENCE GENERAL DISCRIPTION OF THE ACCIDENT OR OCCURENCE(ATTACH ADDITIONAL PAGES IF MORE PAGES ARE NEEDED) SEE ATTACHED LETTER / STATMENT(S) NAMES, IF KNOWN, OF PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: EMPLOYEES ARE MENTIONED IN REPORT OR LEFT OUT UNTIL INFORMATION IS NEEDED. NAMES AND ADDRESS OF WITNESSES: NAME ADDRESS TELEPHONE JANICE AND JAMES HAWKINS 32 MANDAVI WY. OAKLEY,CA.94561 (PHONE#UPON REQUEST) FANNIE A.GASPARD 1209 SKYLINE DR. DALY CITY, CA. 94015 (PHONE#UPON REQUEST) MELVIN AND ADRIENNE HALE 80 WESTLAKE DR. ANTIOCH, CA. 94059 (PHONE#UPON REQUEST) JOAN HAWKINS (SAME AS HAWKINS ABOVE) RON SNODGRASS 445 BEAULIEU LANE OAKLEY, CA. 94561 (PHONE#UPON REQUEST) SHEILA WOMACK MONDAVI CT. OAKLEY, CA. 94561 (PHONE#UPON REQUEST) BRET MONDAVI CT.OAKLEY, CA. 94561 (PHONE#UPON REUEST) UNABLE TO GATHER WITNESSES WHO COULD SEE THE VIOLENT TREATMENT I RECEIVED ON THE SCENE DUE TO THE MISCONDUCT AND OBSTRUCTION OF SHERIFFS DEPARTMENT. THE SAW TO IT I WAS OUT OF SITE OF PUBLIC VIEW BEFORE THE INCIDENT GOT OUT OF HAND, BUT VERBALIZED VERY LOUDLY AND VERY CLEAR THAT 1 TO A SWING AT THEM BEHIND CLOSED DOORS. THERE WERE PLENTY OF DETAINEE WHO SAW YOUR OFFICER GRAB ME FROM THE HOLDING CELL. PLEASE NOT PENDING SUITE AGAINST YOUR DEPARTMENT/COUNTY 4/96-BY MYSELF AND 10196 BY MELVIN HALE. WE WILL BE PURSUING THESE MATTER IN UNISON. GENERAL DISCRIPTION OF LOSS, INJURY OR DAMAGE SUFFERED: LOSS OF TIME AND WAGES, DISCRIMINATION, GROSS NEGLEGENCE INHUMANE TREATMENT, FAILURE OF ATTENTION TO DETAILS, DECEPTION,LYING,DEFAMATION OF CHARAC OBSRTRUCTION OF JUSTICE, PAIN&SUFFERING, UNPROFESSIONAL CONDUCT OF PUBLIC SERVANT, ECT. TOTAL AMOUNT CLAIMED:_ $50,000,000.00 THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: DAMAGES INCURRED TO DATE: $_TO DATE 11/22/96-8/07/94 LOSS OF EARNINGS: $ UNKNOWN AT THIS TIME SPECIAL DAMAGES FOR: _SEE ATTACTCHED FORMS/STATEMENT. AND DAMAGES ABOVE (ATTACH COPIES IF AVAILABLE) I/WE,THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY THAT I/WE HAVE READ THE FORGOING CLAIM FOR DAMAGES AND KNOW THE CONTENTS THEREOF;THAT THE SAME IS TRUE OF MY I/OUR OWN KNOWLEDGE AND BELIEF, SAWE AND EXECEPT AS TO THOSE MATTER WHE N STATED ON INFORMATION AND BELIEF, AND AS TO THEM, I/WE BELIEVE IT TO BE TRUE. DATED: 11/26/96 X SIGN URE OF CLAIMANT(S) X RECEIVED IN THE CITY CLERK'S OFFICE THIS DAY OR 1996 SIGNATURE *xx�**�rx�r�rst*1tyk�HritytYnkllrit�t*ltytk*�Ir#atit�lirytstit�tit,kilrytdtiririt�r##itiritirir�Htyt*9F*drdtiaerdtitiririritlt7kilrititi—k i FOR CLAIMS RELATED TO INJURY TO PERSON OR PERSONAL PROPERTY,THIS FORM MUST BE FILED WITHIN SIX MONTHS FROM THE ACCURAL OF THE CAUSE OF ACTION. A CLAIM RELATED TO ANY OTHER CAUSE OF ACTION SHALL BE PRESENTED NO LATER THAN ONE YEAR AFTER ACCRUAL OF THE CAUSE OF ACTION. s ' LARRY DANIELS SOCIAL SECURITY ADMINISTRATION 355 E. LELAND RD. PITTSBURG, CA.94565 NOVEMBER 23, 1996 RE: JERRELL LEWIS, CLAIM NUMBER: 565-15-9961 DEAR MR. DANIELS: I WAS IN YOUR PITTSBURG OFFICE 11/22/96, WITH COMPLETED SOCIAL SECURITY APPLICATION IN HAND. I GAVE THE PAPER WORK TO YOUR ASSISTANT MANAGER WHO I ASSUME TO BE A MISS GARCIA. i HOPED SHE WOULD HAVE GIVEN YOU THE INFORMATION UNLESS SHE HAS THROWN IT AWAY. I WAS LATE FOR MY APPOINTMENT 22 NOVEMBER, BUT YOUR NOTICE TO ME DID NOT MENTION I WOULD LOSE MY APPOINTMENT, NOR WAS THERE ANY MENTION ABOUT HOW LONG THE APPOINTMENT WOULD TAKE. NOR WAS THERE AN AKNOWLEGMENT OF ANOTHER APPONTMENT BEING SERVED. YOU SIR, AS AN OFFICE MANAGER, HAVE A RESPONSIBILITY TO THE PUBLIC, TO STATE CLEARLY IN WRITING, ON YOUR APPOINTMENT LETTERS ANY INFORMATION TO THE PUBLIC REGARDING APPOINTMENT CANCELLATION GUIDE LINES AND ANY INFORMATION THAT MIGHT DISRUPT THE LIVES OF OTHERS. MAYBE YOU HAVE SUGGESTION BOX. IF NOT YOU SHOULD INFORCE IT. MY LIFE IS IN SHAMBLES AT THIS TIME, IF THIS WAS VERBALLY STATED TO ME, I JUST DON'T REMEMBER. I HAVE NO REASON TO COMPENSATE THAT WAY. I'M SURE YOU WOULD NOT WANT TO INCONVIENENCE YOUR CUSTOMERS WITH THE DELICATE ISSUES REGARDING SOCIAL SECURITY BENEFITS. ESPECIALLY THOSE WHO HAVE TO TRAVEL MANY MILES TO SEE YOU AND MAY BE HELD UP IN TRAFFIC OR MANY OTHER REASON BEYOND THEIR CONTROLS. I KNOW IT IS A PRACTICE OF YOURS TO GIVE THE CUSTOMER THE BENEFIT OF THE DOUBT BY LISTENING FIRST AND WORKING OUT THE PROBLEM THROUGH PROBLEM RESOLUTION AND NOT JUST APPLY YOUR STANDARD RULES TO EVERY CUSTOMER AND CALLING THE SECURITY GUARD ON A CUSTOMER JUST BECAUSE THEY CHALLANGE YOUR PROCEDURES. I HOPE YOU MAKE AN EFFORT TO FIND THE APPLICATION I FILLED OUT. I WILL BE CALLING YOUR OFFICE TO RESCHEDULE MY APPOINTMENT. MY ORIGINAL REQUEST OF A PHONE APPOINTMENT WAS ALSO DENIED. ALSO, BE ADVISED , I WILL BE FILING A 25 MILL.IL.ION DOLLAR LAW SUITE AGAINST YOUR AGENCY: FOR FALSE ARREST,THE SECURITY AGENCY ON YOUR PREMISES: WRONGFUL INVOLEMENT, UNJUSTIFIED INVOLMENT, AND INCITING THREATS TO DO BODILY HARM AND DEADLY HARM, AND PITTSBURG POLCE: FALSE ARREST A ND FAILIURE TO READ RIGHTS, CONDUCT UNBECOMING OF A LAW INFORCEMENT OFFICER. I AM NOT A VIOLENT PERSON AND WILL ALWAYS QUESTION ANY AGENCY WHO PROVIDES AND CONTROLS RESOURCES AND SERVICES FOR ONES HEALTH AND WELL BEING. MY TAXES HELP SUPPORT AND PROVIDE THESE SERVICES. MY TAX DOLLARS ALSO PAYS YOUR SALERIES AND I DON'T THINK ASKING FOR CLEAR CLARIFICATION OF YOUR RULES IN WRITING FOR BETTER PUBLIC ASSISTANCE WOULD BE SUCH A BURDON. YOU SHOULD BE MORE THAN GLAD TO PROVIDE THIS SIMPLE ACCOMODATION OR COURTESY THE PUBLIC, AND THAT SIR IS A BASIC CONSTITUTIONAL RIGHT. NO ONE SHOULD EXPECT TO OR BE AFRAID OF BEING KICKED OUT OR HARRASED BY ANYONE WORKING FOR A PUBLIC AGENCY. EXERCISING MY RIGHTS AS A CITIZEN AND A BLACK MAN IS MY FIRST PUBLIC DUTY. YOUR SECURITY GUARD HAD NO BUSINESS BUTTING IN AND BLOWING UP THE SERIOUS BUT CONTROLED MATTER WHIICH TOOK PLACE 11/22/96. ASIDE FROM MY SERIOUS, FIRM ATTITUDE, I NEVER DISREPECTED ANY ONE AT YOUR ESTABLISHMENT. YOUR ASSISTANT MANAGER WAS HELPING ME AND WE WERE WORKING ON A RESOLUTION, BUT THE SECURITY OFFICER DECIDED TO PLAY SIR LANCEALOT BY INTRODUCING HIS INTIMIDATION AND PROVACATION INTO THIS SITUATION. HIS ACTIONS RECAPTURED THE ATTENTION OF YOUR ASSISTANT MANAGER, WHO THEN TURNED BACK AROUND TO SEE THE S/O IN MY FACE PASSING THREATS. HE ALSO, I MIGHT ADD, CAME APPROX 15 FEET FROM HIS POST TO DO THIS, THEN ASKED ME TO, "GET OUT OF HIS FACE." THE ONLY PLACE I COULD HAVE GONE WAS OVER YOUR COUNTER AND THROUGH ONE OF YOUR WINDOWS. I HAD NOT MOVED AWAY FROM THE COUNTER YET. THIS INCEDENT HAS COST ME MUCH ANGUISH, PAIN AND SUFFERING WHICH ARE THE REASON i ENTERED YOUR OFFICE IN THE FIRST PLACE. MY WIFE IS UPSET AND WORRIED ABOUT OUR FINANCES AND MY ABILITY TO EARN A LIVING, DUE TO THE STUPID MISINTERPRETATION BY THE SECURITY OFFICER, I LOST A WHOLE DAY. INCONCLUSION, I HOPE YOU PUT YOUR APPOINTMENT CANCELLATION INSTRUCTIONS IN WRITING AND AND IF YOU DON'T, MYSELF OR OTHERS WILL CHALLANGE THEM AGAIN. I'D ALSO LIKE TO TELL YOU, YOU CHARGED ME WITH TRESPASSING AND I WAS OUTSIDE YOUR BUILDING. I'M CARING OUT WHAT MARTIN LUTHER STARTED AND AFTER THE TREATMENT I'VE RECEIVED IN THE LAST 24 HOURS I'M EVEN MORE EAGER TO CARRY OUT HIS LEGACY, HANK Y U. r JE R IS 433 BEAULIEU LANE OAKLEY, CA. 94561 (510)679-0220 CC:ATTORNEY OFFICE OF CIVIL RIGHTS SOCIAL SECURITY COMMISION PITTSBURG POLICE CITY OF PITTSBURG MISS GARCIA: OR THE MANAGER I SPOKE TO 11/22/96 CONTRA COSTA COUNTY BOARD OF SUPERVISON SHERIFFS DEPARTMENT NAACP WASHINGTON D.C. SENT: FAX VIA U.S. MAIL WARREN E, RUPF,SHERIFF CONTRA COSTA COUNTY POST OFFICE BOX 391 MARTINEZ, CA. 94553 NOVEMBER 23, 19% JERRELL R.LEWIS VS CONTRA COSTA COUNTY SHERIFFS DEPARTMENT SUITE FILED IN THE AMOUNT OF $50,000,000.00 RE: SUITEICOMPLAINT APRIL 1996 DEAR SHERIFF. 1. 1 AM WRITING WITH GRAVE CONSERN FOR OUR PUBLIC OFFICIAL(YOUR DEPUTIES) AND PUBLIC LIVES. I JUST WITNESSED AND EXPERIENCED SOMETHING I HOPE NEVER TO HAVE THE OPPERTUNITY TO LIVE THROUGH AGAIN. BUT THROUGH ALL THE PAIN I RECEIVED THERE IS A BRIGHT SIDE. 1 WORK WITH CHILDREN WHO ARE GENERALLY IN TROUBLE OR HEADED THEIR AND I HAVE NOW GAINED THE EXPERIENCE OF A LIFE TIME TO SHARE WITH THEM AN INCIDENT FROM FIRST HAND EXPERIENCE. 2. THE EXPERIENCE I'M REFERING TO IS THE PITTSBURG POLICE DEPARTMENT AND (Y)OUR MARTINEZ DETAINING FACILITY. (SHERIFF'S DEPARTMENT) 3. 1 WAS ESCORTED THEIR AFTER COMMITTING AN ACT OF TRESSPASSING, I MIGHT BE WILLING TO EXCEPT THIS CHARGE HAD I BEEN IN THE BUILDING WHEN I WAS SUPPOSE TO HAVE BEEN TRESSPASSING. HOPEFULLY OUR WONDERFUL JUDICIAL SYSTEM WILL WORK THAT ALL OUT. REGAURDLESS OF WHAT i MAY HAVE BEEN ACCUSED OF TRESSPASSING, I DIDN'T DESERVE THE PUNISHMENT I RECEIVED AS A RESULT. IT WAS A GOOD THING I DIDN'T LIVE IN THE 4US AND 5US. 4. SIR, I MUST SAY, IT WAS A GOOD THING I DIDN'T COMMIT MURDER EITHER OR I WOULD NOT HAVE NOT MADE IT OUT OF YOUR JAIL ALIVE OR ABLE TO CORRESSPOND THIS LETTER. I WON'T BOTHER WITH THE PITTSBURB DETAILS, SINCE IT IS OUT OF YOUR JURISDICTION. 5. FROM THE MOMENT i ARRIVED IN THE HOLDING ROOM AT THE DETAINING FACILITY, IT WAS REVEALED TO ME THAT YOU HAVE A VERY BUSY ESTABLISHMENT AND YOUR OFFICERS DONT HAVE TIME TO GIVE ALOT OF TIME TO THE INMATES FOR THEIR PROBLEMS. NOR DO THEY WISH ANY PROBLEMS COMMUNICATED TO THEM, "DUE TO THE NONEXSISTANCE OF AN INTERCOM SYSTEM." IF YOU HAVE A PROBLEM OR WHAT EVER, YOU MUST WAIT AND FINALLY FIGURE OUT THAT THEY DON'T HAVE ANY TIME TO DEAL WITH OR WASTE ON YOU. (FREE TIME OR OTHER WISE) 1 MANAGED TO CALCULATE A 30 MINUTE WAIT IS EQUAL TO 2 TO 4 HOURS IN YOUR DETAINING CENTER AND THAT ALSO STEMS ON WHAT YOU DID TO GET THERE IN THE FIRST PLACE. IF THEY SAY WAIT A MINUTE, THAT MEANS THEY WILL NEVER/WON'T GET TO YOU. THE FEMALES HAD FREE ACCESS TO THE DESK AND THEY WERE REALLY FREE AN HOSPITABLE TO THEM. 6. THE FEMALES HOLDING AREA IS IN AN OPEN AREA WITH CIRCULATING AIR,WITH A DRINKING FOUNTAIN. AND MAYBE A HALF DOZEN PHONES. WE HAD ONE PHONE. I GUESS THE GUYS COULD GET WATER FROM THE REST ROOM SO SCRTCH DRINKING WATER OFF THE LIST. NOW, WE, (THE GUYS) STAYED IN A CLOSED IN ROOM WITH THE DOOR CLOSED AND ONLY OPENED IF THE NURSE FORGETS TO CLOSE THE DOOR OR A FREE TELEPHONE PERIOD IS CALLED. OTHER WISE WE SIT AND BREATH EACH OTHERS AIR FOR HOURS ON END. NOW, SOME OF THE PEOPLE THEY ARREST HAVN"T BATHED IN WHAT SEEMS LIKE DAYS, IF NOT WEEKS AND IT BECAME UNBEARABLE. BUT DAM THE BAD LUCK, JUST SO HAPPENS I WAS DETAINED COMMING OFF A BAD COLD AND DIDN'T GET TO TAKE MY MEDICATION THAT DAY. AT ABOUT 2000 THE AIR AND THE CLOSENESS OF ABOUT 25 TO 30 PEOPLE WAS GETTING REALLY UNBEARABLE. I KNOCKED ON THE GLASS AND THE GUARD RAISED HE FINGER TO WAIT. NO ONE WAS WORKING WITH INMATES AT THE TIME AND THREE OFFICERS WERE AVAILABLE. ONE, A MALE OFFICER, WAS DOING BASICALLY NOTHING ON THE OPPOSITE SIDE OF THE COUNTER. IT SEEMED TO ME ANY ONE OF THE OFFICER WERE AVAILABLE FOR A SPLIT SECOND. BUT SINCE YOU DON'T HAVE ATLEAST INTERCOM COMMUNICATION YOUR OFFICERS AND MEDICAL STAFF GET TO DICTATE, AT THE PUBLICS EXSPENCE, WHAT THEY CHOOSE TO RESPOND TO. I THOUGHT 1 WAS INNOCENT UNTIL PROVEN GUILTY. THEY ALSO KNEW FOR MANY HOURS THAT 1 WAS A SITE RELEASE CASE. EVEN WITH THAT SAID, I DIDN'T EXPECT ANY SPECIAL TREATMENT, JUST TO BE TREATED LIKE A HUMEN BEING SHOULD BE TREATED. 7. 1 TAPED AT THE GLASS ENOUGH TO GET THE ATTENTION OF THE GUARDS AGAIN. BEFORE I GO ON I WANT TO STATE, " I'M NOT GOING TO HOLD BACK ANYTHING REGUARDLESS OF HOW MUCH OR LITTLE IT MAY HAVE IRRITATED YOUR GUARDS OR BEEN BAD JUDGEMENT ON MY PART. 1 WAS ALWAYS AWARE THAT YOUR OFFICERS HAD EVERYTHING TO GAIN AND I HAD VERY MUCH TO LOOSE AND MY LIFE WAS ONE OF THOSE THINGS, 8. SINCE THE MALE OFFICER WAS JUST STANDING ON THE OPPSITE SIDE OF THE COUNTER DOING NOTHING FROM WHAT I COULD SEE. I KNOCKED A LITTLE HARDER TO GET, "HIS", ATTENTIONI II 9. WELL, I GOT HIS ATTENTION AND HIS ANGER TOO, HE STORMED OVER TO THE ROOM. IF YOUR PEOPLE ARE SO BUSY AND YOU CAN'T PUT AN INTERCOM SYSTEM IN THAT PLACE WHY DON'T YOU USE A TRUSTEE 24 HOURS ADAY TO SEE TO THE PETTY NEEDS OF THE DETAINEES. I THINK THE POLITITIANS AND THE PUBLIC WOULD COMMEND YOU FOR IT, OR MAYBE YOU COULD CARELESS. WHAT IS IT? 10. KEEP IN MIND YOUR OFFICER NEVER ASKED ME WHAT I WANTED, FOR ALL HE KNEW SOMEONE COULD HAVE BEEN DYING AND IF SO THEY ARE DEAD AS A DOOR NOB BECAUSE THE, "GOLDEN HOUR" WAS WASTED ON ME. 11. HE OPENED THE DOOR, I WAS STILL STANDING DIRECTLY IN FRONT OF IT, AND HE SNATCHED ME FROM THE ROOM, AND FORCEFULLY SHOVED ME OUT OF PUBLIC VIEW BEFORE CONVERSING WITH ME. IT HAPPEN SO QUICKLY I SEEMED TO HAPPEN ALL IN ONE MOTION. 12. ONCE OUT OF SITE FROM THE PUBLIC, IN A RATHER LARGE ROOM, HE STARTED YELLING AT ME LIKE A MAD MAN JUST INCHES FROM MY FACE. I LISTENED FOR A FEW SECONDS UNTIL I HEARD A LEGITIMATE REASON FOR HIM DOING THIS TO ME, BUT IT NEVER CAME AND I ANSWERED BACK TO HIS SCREAMS. I KNOW TWO FEMALES FOLLOWED US INTO THE ROOM. THERE MAY HAVE BEEN MORE OFFICERS ON DUTY, BUT TO MY SURPRISE AT THAT MOMENT YOUR OFFICERS LEFT THE DESK VACANT. BUT, I COULD BE WRONG. 13. 1 EXPLAINED I JUST WANTED THE TOP PORTION OF THE TV ROOM DOOR OPEN SO WE COULD BREATH. ALOT OF THE INMATES WERE COMPLAINING AND THEY NEW THE LADIES WERE RIGHT NEXT DOOR BREATHING EASY. THAT SOUNDS LIKE PREFERENTIAL TREATMENT TO ME AND IT DEFINATELY WAS DISCRIMINATION AS MUCH AS YOU MIGHT DENY IT. THE ROOM I WAS BEAT UP IN COULD HAVE ACOMMODATED ALL THE GUYS AND THE FEMALES WERE APPROX A THIRD OF OUR CAPACITY. IT WAS PROBLY THE SAME SIZE AS THE MALES ROOM. 14. 1 FIGURED ALL THIS YELLING IN MY FACE WAS A PLOY FOR ME TO TAKE A SWING AT HIM. HE CONTINUED SCREAMING LIKE SOME DRILL SERGENT. 1.5. 1 WAS A BOXER IN THE NAVY AND I WILL BRING A PICTURE OF ME OUTFITTED, WHEN WE GO TO COURT, I COULD HAVE DECKED HIM WITH MY BEST RIGHT OR A SUCKER ELBOWED HIM, BUT I JUST MOTIONED TO TURN AROUND AND SIT ON THE BENCH BEHIND ME AND HE GRABBED ME. 16. AT THAT POINT I COULD ONLY THINK TO DEFEND MYSELF BY GRABBING HIM AND HOPE HE DID NOT HIT ME OR CAUSE ME TO HIT MY HEAD AGAINST THE WALL OR SOMETHING. MAYBE THAT IS WHAT HE INTERPRETED AS A SWING AT HIM. 17. THE WOMEN JUMP IN AT THIS POINT AND THE LOAD WAS GETTING HEAVY. THE TUSSLE SEEMED TO LAST FOREVER AND I'M JUST THINKING, "WHAT 1N THE HELL IS TAKING PLACE HERE."BUT, THE FIRST MOMENT 1 THOUGHT I COULD MAKE IT TO THE GROUND WITH OUT GETTING SERIOUSLY HURT, 1 GOT DOWN AS FAST AS I COULD AND THREE OFFICER JUMPED ON MY CHEST. 18. EVEN THOUGH AT ONE POINT 1 STOPPED RESISTING, STILL STANDING AT THAT POINT, 1 STILL MAINTAINED A HOLD OF THE OFFICER AND BASICALLY WENT LIMP HOLDING ON JUST ENOUGH. I IMMIDIATELY GOT ON MY STOMACH. ( I REMEMBERED THIS AS AN EMT WHEN WE ENCOUNTERED AN OUT OF CONTROL PERSON OR A PERSON OUT OF CONTROL ON DRUGS. EVERY INCH CLOSER TO THE DECK I GOT THE HARDER THEY FORCED ME DOWN, NOT REALIZING I BASICALLY WASN'T RESISTING ANYMORE. 19. IT SEEMED LIKE FOREVER HAD GONE BY BUT I WAS FINALLY ON THE DECK WERE 1 WAS VERY GLAD TO BE AT THIS POINT. KEEP IN MIND THOUGH 1 STILL HAD THREE OFFICER ON MY CHEST AND I KNOW ONE HAD TO WEIGH ATLEAST 250 LBS PLUS OR MINUS. I BEGAN IMMEDIATELY TO EXPERIENCE POSITIONAL AXPHYXIATION AND IMMIDEATELY BEGAN TO ALERT THE OFFICERS THAT I WAS UNABLE TO BREATH AND AT ONE POINT 1 SENSED THEY HAD NO INTENSIONS OF GETTING OFF ME. I FEARED I WAS GOING TO DIE AND SCREAMED FOR MY LIFE WITH THE BREATH I COULD GET OUT. IT WAS LIKE BEING IN A BOA CONSTICTORS HOLD. MY COLD MAY HAVE EXSASCERBATED THE SUDDEN PROBLEMS WITH MY BREATHING. 20. 1 DON'T REMEMBER ALOT OF DETAIL AFTER A POINT, I MAY HAVE PASSED OUT FOR A SECOND, BUT 1 DO KNOW I WAS IN HAND CUFFS BEFORE THOSE SECONDS FADED. I ALSO HAVE HYPERSOMULENCE/NARCOLEPSY. I GUESS THEY FELT 1 WAS UNDERCONTROL WHEN THE SCREAMING STOPPED AND THEY PICKED ME UP. I IMMIDEATELY BEGAN BREATHING VIOLENTLY, JUST TRYING TO TAKE IN AS MUCH AIR AS I COULD IN A FEW SECONDS. ONCE WE GOT BACK IN THE PUBLICS VIEW THE OFFICER WHO THIS STARTED WITH STARTED SAYING, "THAT IS WHAT YOU WILL GET FOR TAKING A SWING A AN OFFICER. AT THAT POINT i JUST WANTED AIR. 1 WAS STILL CUFFED WITH MY HANDS BEHIND MY BACK. 21. THEY THREW ME IN CELL ONE, STILL VERY MUCH MANHANDLING ME. FORCED ME TO THE GROUND AND AGAIN WEIGHTED MY CHEST DOWN WITH A BODY, I'M NOT SURE WHICH OFFICER IS DOING THIS AT THIS POINT. AGAIN, I WAS IMMIDEATELY UNABLE TO BREATH AND TOLD THEM THAT ALL THE PRESSURE ON MY CHEST WASN'T NESSASARY. THEY SHACKLED MY FEET AND ALL THE EXTRA ABUSE I WAS RECEIVING IN THIS ROOM WAS UNCALLED FOR AT THIS POINT AND I WAS VERY ANGRY BUT ALSO VERY COOPERATIVE AT THIS POINT, 22. 1 COULD SEE A CLOCK ON MY KNEES FROM INSIDE THE LOCK-UP. 1 RECALL SETTLING DOWN BY APPROX 2020. ALTHOUGH BEING IN THE POSITION i WAS SHACKLED WAS VERY AQUAWARD POSITION, THE AIR AND MY BREATHING WAS 200% BETTER. 23. LOOKING AROUND THE SMALL ROOM I COULD ONLY CRINGE AT THE BLOOD AND BODY FLUIDS DRIED ON THE DECK AND BULKHEAD, BUT NO ONE SAID THIS WOULD BE LIKE THE HOLIDAY INN. 24. 1 SETTLED IN AND CLOSED MY EYES TO THE SMELL OF URINE. 25. A NURSE.CAME IN, SHE CHECKED THE SHACKLES AND ASK ME SOME QUESTIONS. I TOLD HER MY ANKLE WAS HURTING, BUT SHE BASICALLY IGNORED ME AND SAID, 'THE SHACKLES AREN'T TO TIGHT SO YOUR OK'. SHE NEVER ROLLED MY SOCKS DOWN TO CHECK MY ANKLE OR FIGURED IF MY ANKLE WAS HURTING AND MY SHACKLES WERN'T TIGHT. SOMETHING MUST BE WRONG WITH MY ANKLE. LATER I DISCOVERED I COULDN'T LAY ON MY LEFT SIDE BECAUSE OF THE PAIN AND SWELLING FROM MY CALF TO MY ANKLE. 26. THE NURSES DIDN'T HAVE TIME FOR ME AFTER THAT AND THEY WERE AT MY CELL EVERY SO OFTEN TO PEEK IN THE WINDOW. NOT ONE OF THE GUARDS OR NURSES OPENED MY CELL AND TALKED TO ME. 27. KNOW ONE WANTED TO HEAR MY COMPLAINTS AT THAT TIME, EVEN THOUGH I STAYED CALM FROM THE TIME I WAS IN THE CELL AND BEYOND. 28. AT 21301 ASKED IF I COULD US THE TOILETTE. THE GUARDS AND NURSES CAME BY MANY TIMES BUT WOULDN'T AKNOWLEGE MY REQUEST. 29. 1 STARTED HEARING CONTINUOUS KNOCKS ON THE DOOR FROM THE MALES TV ROOM AND VOICES SHOUTING OUT. 30. AFTER SEVERAL MORE KNOCKS THE KNOCKS SEEMED TO BE COMMING FROM MORE THAN ONE SOURCE AND IN UNISON. 31. 1 HEARD AN OFFICER RESPOND AND THE NOISE SETTLED DOWN. 32. 1 ROSE UP ON MY KNEES AFTER A LITTLE WHILE AND SAW THAT THE DOOR TO THE TV ROOM WAS OPEN. LATER, (AFTER RETURNING TO THE TV ROOM) I DISCOVERED A BLOWER WAS PLACED OUTSIDE THE DOOR AND THE DOOR WAS STILL WIDE OPEN AND STAYED OPEN UNTIL 1 LEFT AT 1200. 11/23/96 33. 1 MUST BE LOOKED AT LIKE JESUS IN THAT PLACE, BECAUSE 1 HAD TO TAKE THE PUNISHMENT SO THE DETAINEES COULD REAP THE REWARDS AND BLISS. 34. 1 GOT AHEAD OF THE STORY. IN CELL ONE MY URGENCY TO USE THE REST ROOM AT THIS POINT HAS INCREASED, i NOTIFIED THE GUARDS ON THE HALF HOUR, EACH HOUR AND FLAGGED DOWN THE NURSES TOO.. BUT I WAS IGNORED. 1 HAD BEEN A MODEL DETAINEE FOR A FEW HOURS, 1 WANTED TO KNOW WHY I WASN'T BEING ALLOWED TO US THE REST ROOM. 35. BY 2230, 1 FIGURED OUT HOW TO STAND UP AND ASKED A COUPLE OF FEMALE INMATES TO GET PERMISSION FOR ME TO USE THE REST ROOM. THEY MUST HAVE KNOWN SOMETHING I DIDN'T BECAUSE THEY REFUSED TO GET INVOLVED. A FEW MORE GUARDS CAME BY AND THEY IGNORED ME AGAIN. EACH CELL CHECK I PERSISTED IN FLAGGING DOWN A GUARD. 36. THE SIGN-SHEET WAS ULTIMATELY REMOVE FROM MY CELL WINDOW AND PUT IN A POSITION WHERE i COULDN'T SEE A GUARD FILL IT IN ON THEIR ROUNDS. I COULDN'T SEE THEM WHEN THEY STOPPPED TO SIGN THE SHEET AND THEY SPED BY AFTER SIGNING. SO HOW IS THIS LOOKING IN ON ME. IT SOUNDS MORE LIKE NEGLECT. WHAT WAS SO WRONGS WITH ME NOW. YOU WOULD HAVE THOUGHT I WAS A MADUSSA OR SOME EVIL MONSTER. I WAS WEARING VERY CASUAL ATTIRE THE WHOLE TIME THERE. 37. 1 COULD ONLY THINK OF GOING TO SLEEP AND IGNORE MY URGE TO URINATE, BUT IT WAS GETTING HARDER BY THE MINUTE TO HOLD MY WATER. I WAS DIAGNOSED WITH ADULT BED WETTING AND I'VE HAD AN URGENCY TO USE THE TOILETTE SINCE CHILDHOOD. WAS TREATED IN THE LATE 89S. ITS IN MY NAVY SERVICE RECORD. 38. 2330, THE GUARDS STILL REFUSE.TO LET ME URINATE AND I START TELLING, OR YELLING TO WHO EVER COULD HEAR ME. I WOULD REMIND THEM OF THIS ON THE, HOUR. AND AGAIN, I QUESTIONED WHY THEY WOULD NOT LET ME US THE TOILETTE. THIS IS JUST HOW THIS SCENARIO STARTED IN THE FIRST PLACE OR GETTING CLOSE. BUT I HAVE TO BE CAREFULL NOT TO BRING ON A REPEAT OF THAT. 39. 0030, THE GUARDS COME IN MY CELL AND AND AT THIS POINT I'M BASICALLY SQUEEZING MY BLADDER. 40. THESE WERE DIFFERENT GUARDS. THEY DON'T LIKE THE FACT THAT I'M QUESTIONING WHY I'M BEING TREATED LIKE THIS AND BEING DENIED BATH ROOM PRIVILAGES. IF I COULD HAVE STOOD UP OVER THE DRAIN IN MY CELL I WOULD HAVE USED IT IN THERE. 41 1 MAY HAVE TALKED TO THEM FOR 10-20 SECONDS AND SAW THEY DIDN'T WANT TO HEAR IT AND WERE GOING TO BACK OUT. I WAS ON THE GROUND ON MY STOMACH BEFORE THEY GOT OUT OF THE CELL AND THE JUST WENT OUT AND AWAY. THIS WAS TO MUCH. 42. 1 DO THINK, THESE GUYS SHOULD HAVE GIVEN ME THE BENEFIT. INFACT, ONE OF THOSE GUYS LET ME OUT AND JUST BEFORE HE DID, HE STATED, " I WILL LET YOU GO TO ANOTHER CELL IF YOU WILL BE OK AND HE RELAYED HE DIDN'T KNOW WHAT WENT ON LAST NIGHT, BUT THIS WAS A NEW DAY. HE WAS ONE OF THE 2 OFFICERS WHO CAME BY AND DECIDED TO LET ME USE THE REST ROOM, BUT BACKED OFF. 43. AT 0100, I STOOD UP,AND YELLED, IF I DIDN'T GET A CHANCE TO PEE BY 0200, I WOULD DO IT IN MY CELL, EVEN I WAS FACING FEMALES WHO COULD VERY CLEARLY SEE IN MY CELL. 44. AT 0120, 1 JUST COULD NOT HOLD IT ANYMORE. SO FACING THE WINDOW, THE ONLY POSITION I COULD GET IN, I DOUBLED AND CUPPED MY TEE SHIRT AND PEED IN IT, WITH MY ONLY THOUGHT OF BEING CAUGHT BY A FEMALE.. 45. JUST SO HAPPEN A MALE OFFICER WAS ON HIS ROUNDS AND CAUGHT ME IN MID STREAM. HE LOOKED AT ME, I LOOKED AT HIM, HE SHRUGGED HIS SHOULDERS AND I SHRUGGED MINE. HE WALKED AWAY. NO WORDS EXCHANGED. I PEED MORE THAN MY TEE SHIRT COULD HOLD AND MANAGED TO CLEAN THINGS UP THE BEST I COULD, 1 HAD TO FIND A DIFFERENT POSITION TO SLEEP IN. I THREW THE URINE SOAKED TEE SHIRT TO THE DRAIN APPROX 8-10 FEET IN FRONT OF ME. NO ONE CAME IN TO CLEAN -UP THE URINE RESIDUE. 46. 1 MAY HAVE DOSED OFF AT APPROX. 0200, A GUARD WOKE.ME UP AND ASKED ME IF i WANT TO GO TO CELL NUMBER 7, IF I RECALL RIGHT. THERE WAS A BENCH AND TOILETTE IN THERE, AND AS I SAID IN A LATER STATEMENT, THIS OFFICER STATED, "HE DIDN'T KNOW WHAT HAPPEN WITH ME AND THE OTHER GUARD, BUT WASN'T HOLDING ANYTHING AGAINST ME." 47. HE SAID 1 WOULD BE IN THE CELL FOR 30 MINUTES, THEN.GO BACK TO THE N ROOM, 48. 1 WAS IN THE TV ROOM FOR CLOSE TO 3 HOURS. 49. AT APPROX 0900, 1 COULD HEAR AND SEE A BLACK WOMEN IN CIVILIAN CLOTHES ASKING LEGAL QUESTIONS. 50. 1 LAYED DOWN AND SHE CALLED MY NAME. 1 WANTED TO YELL OUT, BUT i DIDN'T WANT TO DRAW ATTENTION TO MYSELF AND PISS THE OFFICERS OFF AGAIN. ABOUT 5 MINUTES LATER THE LAWYER WAS STILL THERE AND AN OFFICER CAME TO LET SOMEONE OUT OF A CELL. I CALLED OUT, BUT WAS IGNORED. I KNEW AT THAT POINT I SHOULD JUST LAY DOWN AND JUST FORGET ABOUT IT BECAUSE AGAIN THIS MIGHT GIVE THE OFFICER MORE REASON TO BURST MY BUBBLE AND POSSIBLY LOSE ME IN THE SYSTEM. THAT MAY SOUND FAR FETCHED BUT WHAT ELSE COULD I THINK AT THAT POINT. I NEVER FELT SO HELPLESS IN MY LIFE OTHER THAN THE TIME I SPENT ON SEA DUTY WITH THE NAVY. I JUST WANTED TO SCREAM, "HELPM", AND THOUGHT, "WHAT IN THE HELL IS REALLY GOING ON HERE". CALL ME PARANOID. WERE THESE PEOPLE HIDING SOMETHING OR ME. 51. WHY IN THE HELL WOULDN'T THEY LET ME TALK TO A LAWYER. I WAS PROMISED I WOULD GET THAT PRIVILAGE IN PITTSBURG WHEN I GOT TO MARTINEZ. THAT IS THE ONLY REASON WHY I WAIVED MY RIGHTS TO REMAIN SILENT AND MADE A STATEMENT. WHAT KIND OF JUSTICE IS THIS AND WHY DID THEY VIOLATE MY 5TH AND 14TH AMENDMENT RIGHTS. i GUESS THAT IS WHAT THE PITTSBURG POLICE WAS TALKING ABOUT WHEN HE SAID, "HE DID NOT WANT TO HEAR THAT CRAP" AS I STATED MY FIRST AMENDMENT RIGHTS TO HIS JUNIOR OFFICER OUT SIDE THE SOCIAL SECURITY OFFICE. 52. 1 JUST STOPPED COMPLAINING. IT DID NO GOOD AT ALL.. BUT, I REALLY STOPPED COMPLAINING MANY, MANY HOURS AGO. 53. THE LAWYER LEFT WITHOUT PERSUING WHETHER I WAS PRESENT FOR AN INTERVIEW AND NOT GIVING ME A CHANCE TO ASKING SOME VITAL QUESTIONS PERTAINING TO MY COURT APPEARENCE IN JANUARY. I AM UNABLE TO AFFORD AN ATTORNEY TO DATE. 54. CONVIENIENTLY THEY PUT ME IN THE TV ROOM JUST AFTER THE LAWYER LEFT AND COME TO THINK OF IT, THEY PUT ME IN A CELL FURTHER AWAY FROM THE DESK JUST BEFORE THE LAWYER GOT THERE. CELL ONE IS ONLY A FEW FEET FROM THE FRONT DESK WHERE THE LAWYERS WERE CONDUCTING THE INTERVIEWS. THIS WAS TO GOOD TO BE TRUE. 55. AT 1800, 1.1/22/86, I WAS TOLD BY THE TWO PSYCHIATRIST THAT I WAS A SITE RELEASE AND WOULD BE GOING HOME SOMETIME BEFORE MIDNIGHT. I WAS HELD FOR 24 HOURS. 1 CAN'T BELIEVE THE OFFICERS WERN'T AWARE OF THIS. 56. THE CONDITIONS OF THE TV ROOM WERE MUCH MORE LIVABLE, AND AS I SAID, THEY BOUGHT IN A HUGE BLOWER TO AIR THE PLACE OUT AND DECIDED TO LEAVE THE DOOR WIDE OPEN. GO FIGURE. 57. 1 HAVE A FEELING THIS ALL STARTED BECAUSE 1 TOLD THE INTAKE OFFICER I' KNEW COMMANDER COGGINS. 1 AM SUPPOSE TO DO A CHILD ADVOCACY LECTURE WITH SOME OF HIS MEN. I ALSO HAVE A LAW SUITE PENDING AGAINST THE OAKLEY SHERIFF STATION. 58. 1 DO WANT TO SAY, I REALLY 010 NOTHING OUT OF THE ORDINARY TO PROVOKE THIS EXTREME AND FLAGRENT BEHAIVOR. IF i DID, ALL THE PAIN AND AXPHIXIATION WAS NOT WORTH IT FOR JUST A TRESPASSING CHARGE. 1 THINK i COULD HAVE COME UP WITH A MORE SERIOUS CRIME TO FIT THE PUNISHMENT I RECIEVED FOR AS MANY TAX DOLLARS 1 PUMP IN THE SYSTEM. 59. THE MENTION OF LT. COGGIN, WHEN I FIRST GOT THERE WAS BECAUSE I FELT I NEEDED A CREDIBLE CHARACTER WITNESS. I HEARD ALOT OF MYTHS ABOUT THE JOINT AND FELT IT WAS THE RIGHT AND EXPIDITIOUS THING TO DO. IT WAS THE FIRST TIME HAVE EVER BEEN ARRESTED. 61. 1 ALSO INVISIONED THE JOINT AS A VISCIOUS PLACE WITH VISCIOUS CRIMINALS, BUT I META GOOD BUNCH OF PEOPLE.WITH A.LONG HISTORY OF JAIL TIME. DOES HUGHES RING A BELL. IF HE'S BAD I WOULD NEVER KNOW IT. 1 DIDN'T HAVE ANY PROBLEMS AT ALL AND FOUND EVERY QUITE COURTEOUS TO ONE ANOTHER. WHEN THE OFFICERS SAID SHE WOULD TURN OFF THE TV IF THE DETAINEES DIDN'T RESPOND WHEN CALLED, EVERYONE MADE SURE THE OTHER GUY GOT THE MESSAGE. 62. SHERIFF, YOUR CORRECTIONS DEPARTMENT IS ALREADY THE LIME.LIGHT FOR CONDUCT AND TREATMENT UNBECOMING OF PUBLIC OFFICIALS. THE TREATMENT I RECEIVED WAS UNNESSASARY AND COULD HAVE BEEN AVOIDED. I STATED BEFORE, NO MATTER WHAT THE SITUATION, I AM AN AMERICAN CITIZEN FIRST AND I AM PROTECTED BY OUR CONSTITUTION, I REALLY DON'T GIVE A DAMM ABOUT THE COMFORTS AND INCONVIENCES OF YOUR CORRECTION OFFICER, BECAUSE REGUARDLESS OF HOW BAD THEY THINK THEY HAVE IT, THEY ARE ALWAYS IN A MUCH BETTER SITUATION THAN SOME POOR INNOSCENT DETAINEE WHO REALLY IS INNOSCENT TOO UNTIL PROVEN GUILTY. I KNOW YOUR GUYS DON'T WORK FOR FREE. BUT I DO VOLUNTEER 20 HOURS OFF MY TIME AWEEK TO TAKE ALOT OF CRAP FROM THE PUBLIC YOU SO ENGINEERINGLY PROTECT. AND MIGHT I REMIND YOU, VOLUNTEER MEANS, "I DO THIS FOR NO MONEY." I'M SURE YOUR MEN HAVE TO BE ON THEIR GUARD, BUT THEIR TRAINING MUST HELP THEM TO DISTINGUISH THE PROFILE OF A COMMON CRIMINAL. IF YOUR PEOPLE ARE HAVING A BAD DAY, LIKE I WAS HAVING MYSELF. TELL THEM TO STAY HOME AND NOT USE YOUR DETAINING FACILITY TO KICK SOME POOR GUY AROUND AND WHAT EVER THE REASON MIGHT BE, I WILL NEVER UNDERSTAND. 63. 88%OF THE PEOPLE IN THAT HOLDING ROOM WITH ME WERE MINORITY. i FELT LIKE A COW WHO HAD BEEN ROUNDED UP. I KNOW I WAS THERE UNDER FALSE PRETENSE AND I KNOW THERE WERE OTHERS IN MY SAME CIRCUMSTANCE. I ONLY SAW ONE BLACK OFFICER,WHO WAS FEMALE,WORKING THE INTAKE AREA, "OVER A 24 HOUR PERIOD." NOW, NOT THAT THIS WOULD HAVE MATTERED, BUT I WOULD HAVE HAVE LIKED THE BENIFIT OF THE DOUBT. AND, YES I AM SAYING THIS MAY HAVE BEEN A RACIALLY MOTIVATED INCIDENT. AS A YOUNG SAILOR IN THE MILITARY, 1, ALONE, BROKE UP A POTENTIAL BAR BRAWL IN SPAIN OUTSIDE A BAR WITH APPROX, 30 TO 60 PARTICIPANT AND I HANDLED IT WITHOUT A SINGLE INCIDENT OR PUNCH THROWN. WHATS WRONG WITH THIS PICTURE? 62. 100 HAVE A SUITE PENDING AGAINST YOUR DEPARTMENT FOR 5 MILLION DOLLARS ALONG WITH MELVIN HALE FOR 5MILLION DOLLARS IN A SEPARATE INCIDENT WITH ONE OF YOUR BLACK SERGENTS. I WILL BE FILING A 50 MILLION DOLLARS SUITE FOR RESTITUTION PERTAINING TO THIS INCEDENT. THIS WILL BE A COMPILATION EFFORT. 63. INCONCLUSION, I WOULD LIKE TO KNOW IF THE FIGHT SCENERIO i ENCOUNTERED WITH YOUR OFFICER WAS REPORTED. IF NOT, IT SHOULD HAVE BEEN. YOUR OFFICERS WERE SO QUICK TO SHOUT IN PUBLIC THAT I HAD TAKEN A SWING AT THEM. SO i EXPECT AN ASSUALT CHARGE AGAINST ME TO BE PENDING, WHICH I REALLY EXPECTED ON MY RELEASE CHARGE SHEET. LAST, THERE IS A DIFERENCE BETWEEN DEFENCE AND SELFDEFENCE. EVEN WHEN IT APPLIES TO YOUR OFFICERS A CRIMINAL HAS A RIGHT TO DEFEND HIMSELF FROM HARM. AS 1 STATED IN THE BEGINNING I BOXED IN THE NAVY, IF YOUR OFFICER WOULD LIKE TO GO TO THE GYM AND SPAR I WOULD BE MORE THAN HAPPY TO TAKE A SWING AT HIM/ TAKE HIM ON. THANK YOU. JERRELL ROBERT LEWIS 433 BEAULIEU LANE OAKLEY, CA. 94561 (510) 679-0220 SENT: FAX VIA U.S.MAIL CC: ASST.COMM. MARTINEZ SHERIFF, MARTINEZ, CA. COMM.PITTSBURG POLICE DEPARTMENT,PITTSBURG, CA. BOARD OF SUPERVISOR, CONTRA COSTA COUNTY, CA. BOARD OF SUPERVISOR, PITTSBURG, CA. SOCIAL SECURITY ADMINISTRATION, PITTSBURG, CA. KGO RADIO SOCIAL SECURITY COMMISSION,SF,CA. NAACP WASHINGTON D.C. DAILY LEDGER OFFICE OF CIVIL RIGHTS, SF.CA. 44 C . CL AI y. BOA;' 0r Or CON—;-' :OS% C%N'Y, CA.IFOaN:A December 17, 1996 Claim Against the County. or District governed by) BOZO ACTION the BoarC c' Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Boa-: A:tion. All Section references are to ) The copy of this document mailed to you is your notice of Caine-ria Gove-nmemt Codes. ) the action taken on your claim by the Board of Supervise-s (Paragraph IV below). given pursuant to Government Code Mount: Unknown Section 913 and 915.4. Please note all •Warnings% CLAIMANT: State Farm Insurance Companies Claim No. : 75—C103-780 ATiORNEY: Insured: Bich Phuong et al 3799 East Burnett St. Date received November 8 1996 ADDRESS: P.O. Box 93028 BY DELIVERY TO CLERK ON Long Beach, CA 90809-302 Hand Delivered; via Risk Mgmt. BY MAIL POSTMARKED: � I.' _FROM: Clerk of the surd of Supervisors To. County Counsel Attached is a copy of the above-noted claim. Il ttAT NELOR. Clerk(J DATED: November 12, 1996 : OtPuty /S'` '-R- II. FROM: County Counsel 70: 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 Bard cannot act for 16 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 1I1. FROM. Clerk of the Bard 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 (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 data. Dated: /211719(, PHIL BATCHELOR. Clerk. B ��-� Wputy Clerk 1iA RING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice Mf personalty served or deposited in the mail to file A court action an this claim. See Government Code Section 945.6. you may seek the advice Of an attorney of your choice in connection pith this matter. If you want to Consult an attorney. you should do :o iwaediately. + For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that 1 as nor, and at all times heron mentioned, have been a citizen of the United States. over age 18; and that today I deposited in the United States Postal Service in Martinet. California, postage fully prepaid a Certified copy Of this Board Order and Notice to Claimant, addressed to the claimant as show above. � Dated' 2' /,2' 0/9 0 BY: PHIL BATCHELOR by(y/1� Deputy Clerk CC: COUnty Ccr'.se County Administrator L NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Sam Eidt State Farm Mutual Automobile Insuranc eCompany P O Box 93028 Long Beach, CA 90809 RE: CLAIM OF: Bich Phuong et al Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] 1. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [xxx] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [xxx] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [xxx] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on is behalf. [ IT Other: VICTOR J. WESTMAN, County Counsel By: .aA-'&- 01' 4�!!� Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code§§641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 1 am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 12, 1996 at Martinez, California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 STATE FARM State Farm Insurance Companies qfibw INSURANCE O State Farm Insurance Claim Office 3799 East Burnett Street November 5, 1996 Post Office Box 93028 Long Beach, California 90809-302 Phone: (310)986-2000 Julie Aumock Jolie AAamonk Contra Costa County Risk Management Dept. 651 Pine St. 6th Floor NOV 0 81996 Martinez , CA 94533 RECEIVED _ RE: Our Insured: Bich Phuong Et.Al. �u�tO�� _ Our Claim Number: 75-C103-780 nu► - 8 W6 Date of Loss: July 2 , 1996 ,E yy, Your Insured: Contra Costa County CLERK BOARD OF SUPERVISORS Address: 651 Pine St. 6Th Floor CONTRA COSTA CO. Martinez, CA 94533 Policy No. : Self Insured Dear Ms. Aumock: We have been informed you are the insurance carrier for the party designated as your insured in the caption of this letter. Our investigation establishes your insured is responsible for our insured's medical expenses as a result of the accident on the date indicated. Plea e - ccept this letter as a notice of our right to medical reimpursement. Since7ely, Sm Ei t la Specialist (310 986-2007 State Farm Mutual Automobile Insurance Company HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 Contra Costa county RECEIVED NOV 3 1996 Risk Management e a F f' CLAiv BOAC Or SJERti:Sc=S Or CO's';.: CCS'A COU^,v, CA:IFOP.N:A - December 17, 1996 Claim Against the County, or District governed by) BOASAC?ION the Boare cl Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Boa-: A:tion. All Section references are to ) The copy of this document railed to you is your notice of CalifCr ie G0ver"11* Codes. ) the action taken on your claim by the Board of Supe►visc-s (Paragraph IV below), given pursuant to Government Code Arount: Unknown Section 913 and 915.4. Please note all •%%rz1Lv13) CLAIMANT: Robert E. Criswell NOV 1 ? 1996 ATTORNEY: c/o William M. Simpich GOUNTy COUNSEL 1736 Franklin St. , 10th Fir. Date received MARTINEZ CALIF. ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON November 8, 1996 BY NAIL POSTMARKED: hand delivered I. IRON: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 12, 1996 FIl lylOR, C1e`� 11. FROM: County counsel TO: Clerk of the Board of Supervisors 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: /��--/ p BY: � Deputy County Counsel III. FROM: Clerk of the Bard TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDAU ORDER: By unanimous vote of the Supervisors 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: l��/'7�91p PHIL BATCHELOR, Clerk, B �- - , Deputy Clerk YARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice as personally served or aposited in the nil to file a court actio" on this claim. See Government Code Section 945.6. lrou slay seek the advice of an attorney of your choice in connection pith this clatter. If you want to Consult an attorney, you should do so immediately, • For Additional Waming See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that 1 as nor, and at 611 times herein mentioned. M ve Oven 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. cited:I!Z19 BY: PHIL BATCHELOR by �/`- " Deputy Clerk CC: CoJnty Cc.:r.se' County Administrator 'a + LAW OFFICES WILLIAM M. SIMPICH 1736 FRANKLIN STREET TENTH FLOOR OAKLAND,CALIFORNIA 94612 TELEPHONE (51 Q)444-0226 November 8, 1996 HAND DELIVERED "7,�j County Counsel N Q V 0 a 1996 651 Pine Street Martinez, CA 94553-1288 COUAd Y CC UP4SLL MARTINEZ CALIF. Re: Robert E. Criswell Dear Counsel, Before I commence in an epic First Amendment battle over the use of a public library, please call me. The enclosed tort claim sets forth the basics of the complaint. There are no public documents that I know of regarding the police investigation. I can tell you that not a single librarian has ever complained to Mr. Criswell about his conduct with the children that he was aiding with their studies. Numerous parents and other residents can attest to his fine character. Their names and addresses are available upon request. They are quite upset about the treatment of Mr. Criswell. Please contact me at your first convenience. Sincerely, Lam/ William M. Simpich RECEIVED- -1- 4 WILLIAM M. SIMPICH WV - 8 06 1736 Franklin Street, 10th Floor Oakland, CA 94612 CLEAKBOA OF SUPERVISORS Telephone: (510) 444-0226 CONTRA COSTA CO. Attorney for Claimant ROBERT E. CRISWELL CLAIM AGAINST THE COUNTY OF CONTRA COSTA ROBERT E. CRISWELL presents a claim for damages against the County of Contra Costa, the KENSINGTON POLICE DEPARTMENT, the KENSINGTON PUBLIC LIBRARY, and their agents. Employees: Sgt. FNU Garfield, Officer Sweeney, Does I-XX Claimants' Address: c/o WILLIAM M. SIMPICH, 1736 Franklin Street, 10th Floor, Oakland, CA 94612 Date of Occurrence: Pattern of conduct between May 13 , 1996- present Place of Occurrence: On May 13, 1996, Sgt. Garfield entered the Kensington Public Library and told Mr. Criswell that he had to leave the library until an investigation was completed concerning his activities with children. Sgt. Garfield stated, without any supporting corroboration, that "women and children are terrified by your presence in the library", and that one was "ready to sign a complaint" and "get a restraining order". On May 28, 1996, Sgt. Garfield and Officer Sweeney threatened to arrest Mr. Criswell if he refused to leave the library and if he ever returned to the library. Sgt. Garfield cited PC Section 148. He also threatened to obtain a restraining order. The library is a public place, and these officers had no probable cause nor basis for such a demand. Despite repeated requests, no permission to re-enter the library has been provided to this date, nor has there been verification that the investigation has been completed. These parties conspired (which tolls the statute of limitations) in a pattern and practice to deprive Mr. Criswell of his rights, and to violate a variety of statutes and ordinances. These violations include, but are not limited to, violation of First Amendment rights, infliction of emotional distress, negligence, violation of constitutional rights of due process, and malicious prosecution. Defendants have committed both torts and violations under color of law pursuant to 42 USC 1983 and the California Constitution. Dated: November 8, 1996 WILLI M. IM CH CLAM e �� BOA;: Or Su%ER1:S"-S Or CON';! -.S% COuN'Y, CA;IF3RN'A December 17, 1996 Claim Against the County, or District governed by) BOA�TION the Board cs Supervisors. Routing Endorsements, ) NOTICE TO CLAIMANT and Boa,: Action. All Section references are to ) The copy of this document mailed to you is your notice of Califc-ria Gove-n"mt Codes. ) the action taken on your claim by the Board of Supervises (paragraph Iv beton), given pursuant to Government Code Amount: $4,200.00 Section 913 and 915.4. Please note a1mp a � ,3) CLAIMANT: Jorge Gomez J N 0 V 2 1 1996 5001 Hilltop Dr. COUNTY COUNSEL ATiORNEI:El Sobrante, CA 94803 CALIF. Date received MARTINEZ ADDRESS: BY DELIVERY TO CLERK ON November 20, 1996 9Y PAIL POSTMARiUM: hand delivered; via Risk Mgmt. 1. FROM: Clerk of the bard of Supervisors TO: County Counsel Attached is a copy of the abov*•noted claim. DATED: November 21, 1996 ViL LATp�yLOR. Clerk 11. FROM: County Counsel TO: Clerk of the Lard 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 to notifying Claimant. The Lard cannot act for 15 days (Section 910.0). ( ) Claim is not timely filed. The Clerk Should return claim on ground that it as filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: // .4/ 9� _ BY: Deputy Courty Counsei III. FROM Clerk of the Bard 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 Supervisors present (X) This Claim is rejected in full. ( ) Other: I certify %hat..this is a true'and correct copy of the Lard's Order entered in its minutes for this date. Dated: /¢�i 7�9 PHIL BATCHELOR. Clerk. gym-�^�`-�/`"" — . Deputy Clerk YARNING (Gov. code section 913) 54JQCt to Certain e:ceptImts you haw Only six (6) elDnths from the date this notice as 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 ant to consult An attorney. you should do so immediately. • For Additioaual Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare Under penalty of perjury that I as na.. 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, pOs L 9e fully prepaid a certified copy Of this Bard Ord*► and Notice to Claimant, addressed to V* claimant as shown above. voted: 1A1,441?41 By: PHIL BATCHELOR by�9/�-e- Deputy Clerk CC: Covnty cc.,,Se' County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Jorge Gomez 5001 Hilltop Drive EI Sobrante, CA 94803 RE: CLAIM OF: Jorge Gomez Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] 1. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [XXX] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. [� ] 7. Other: VICTOR J. WESTMAN, County Counsel B �U Y• Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code§§641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; 1 am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 21, 1996 at Martinez, California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 Cla=m to: BOAM) OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAD4ANT A. C12i.:.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 pal 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 ore year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed xith 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 map- of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal.Code See. 72 at the end of this fa� - RE: Claim By ) Reserved for Clerk's filing stamp REC S6 o ( i EIVED Against the ty of Contra Costa NN Z 0 or ) Public U)0-d./C " =e, i,�s`rTcti ,utv)District) CLERK BOARD OF SUPERVISORS Fill in ) CONTRA COSTA nano The undersigned claimant hereby makes claim inst J�e County of Contra Costa or the above-named District in the sum of and in support of this claim represents as foliam: 1. When did the damage or injury occur? -(Give exact date and hour) "'WV �'e tJ N ST�1'�1`�i o� 6' d� S�?�Q.�'t lJ f�1`rJ ��► ems(, a 2 'Wh�v '' ' Se-�`--(,e 2. Where did the damage or injury occur? (Include city and county) Soo (T2�2 3. How did the damage or injury occur? (Give full details; use extra paper if required) Wtur(L ��ST Ie� `7-" c 5jo� � � -t- 1 I u. Whams particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 610 u ) 5d r�¢ai►J +-vi+ Oo'T �+6J7C,`�S 5 � � Mi' Sewer �il� � Vl+ae� �O-eer�� • 5_ «mat are me nates of counry or district officers, servants or DD � employee,5cin.g the Damage or irjuri? J� �o W:v w Vt) "-,,-L - � �' ,//"p �24t W�o eu -�'Ye�Tea�E!_4 1! r� �7�J 5�--A-1 J 5. Haat damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto e. 7� Se�e2 ro 'C7 �' nLjs 'H.I � � 7. How was the amount claimed abov �ute ? (include the estimatet of any prospective injury or damage.) Nrd /. - 6%,� 1 8. Names and address of esses, doctors apd_hospi aiQ. ����-- ►-t �N s�e�Tv 2 �s r o� �as a— �7©d �Zc7-- a� 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMIM E - � * if 1f 1E �E � IE iE .9f if � �F +lE,riE�iE iE^ IF,•-^!( * �1�# 1E � Ib � � � � !F !E � � IE iF 1f IF iE IE IF /E iE �iGov. Code Sec. 910:2 provides: "The claim must be signed by the claitaant SEND NOTICES TO: (Attorney) Y` ° ':or b-,r some person on his behalf." Name and Address of Attorney ' l Claimant Signature �e�l 141, 1� Dr,k-- Address Telephone No. Telephone No.TV Sj� �rs�6C 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 .'Doth s,=h i-risa-L,--jent and fine. Clan to: BOARD OF SSERVISORS OF CQnU COSTA OOUNTY _IhsTRucrioms TO aADwa A. Claims relating to causes of action for death or for injury to Person or to Per- sonal property or growing crops aid sbich accrue on or before December 319 1987, must be presented cot later than the 100th daffy after the accrual of the cause of action. Claims relating to causes of action for-death or for in,)tuy to person - • or to personal property or growing and shich accrue eu Or after Jarnrary 1, 1988, must be presented not later than six moms aftAW the a=421 of the catse of action. Claims relating to any othercause of ,;Vtian must be presented not later than one year after the accrual of the .Cause bf.MUM- (Govt. Code 5911.2.) B. Claims must be filed xith the Clerk of the Board of 'vSsars at its office in Room 106, Comty Administrations Buildiag, 651 Pine Street, Martinez, Ca 9:553• C. If claim is-against'a district governed by the Board of Supervisors, rather--than than the County, the name of the District should be filled in. D. If the claim is against mot than one public entity, _separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, penal.Code 4Ser. 72 at the end of this or-W. a faesef � eeeeeeafeeaeaeeefe �t * eeaeaaeeeeeeeee R£= Claim By ) Reserved for Clerk's filing stamp ) Z- �0/4F7 RECEIVED � - Against the ty of Contra CostaorNOV2 0 Pub,l c uta /G ) :&. P'1 A-( moDistrict) CLERK BOARD OF SUPERVISORS (Fillin nme ) 1 CONTRA COSTA CO. the tuzder signed claimant hereby makes claim inst tl�e County of Contra Costa or the above-named District -in the sum of $ _ �`� 4 z and in support of this claim represents as follows: 1. Uzea did the damage or injury occur? '(Give exact date and hour) W ►Le-tJ N STS ��F—i o 6 d'. S-T7�B �t �Y,*4 o (2 ems( 0 2 tv►1 '' I Se�--(.e� 2. Were did the damage or injury ocotu'? -(Indlude city,and tuulnty) 3. How did the damage or injury occur? (Give frill details; .use 'extra paper if required) IN�n� turfL +�ST.p e� �- $ r ' prP'f*J 4 4. What particular act or"omission on the part 'of.-cozmty or• district officers, seremployees vants or 1 ". or'-dama8 ems oyees caused the � n jurY a ._ ��a0 ;#J �d ,�;�e.� Ti� t- r'A 10 UJ-)+1q0 ua' NI 16 �U S tz� il S e e "I r �. wnat: are tne nares of county or district ofriciiex__•s, servants or employees causing, ] t':re dw.�age or in jur y? �1J�o.JrJ b�� 4�Vim►, ��,�R -� '"s'i�2�le o� �j`'�Q�c. lr"�1 A� UAO 5. Nbat damage or injuries do you claim resulted? (Give f U eZtBnt of injuries or damages claimed. Attach two estimates for auto qZ► ,2 ra h� Se�,.s e2 f rr� �o r^o lce,� .. b 1` rtA'A-- , �o e,�t 7� 7• Sow uas the amuumt claimed above ? Include the estimated of 'any prospective injury or damage.) PWa-� Pm p t u Vt c7 r v t rJ` �}' �-` 0 $. Names and addresses of , doctors and hospital Dr.,Za a.s '�-,-r o ! ��fr' 4 t o_P e_ (5 70) 3�1 9�—q?()7 `Te_L) _ Ns� r2 GO) a- ;L.- 4,700 CX77 9. List the expenditures you made on acommt of this MOIdent or injury= DATE TQM AMOUNT :` 44 Goy. Code Sec. 91.0:2 provides: _. _< "The claim Mst be signed by the claimant Ski NOTICES TO: (Attorne ' >-:ak; bv some on his behalf." Name and Address of AttorneyV66- �, 2 Claimant Signature �!744' g Telgbc ne No. Telephone No. j� -746 * V71 TV— No.TI -CE Section 72 of the Penal Code provides: on vto with `intent to *fora o ::tents for allonce or for° "Ev cry,pers , . payment .to any state board or:officer, _or to .� cxuine city or ,ciistri�et';board;°or officer,,--authorized to.allow or pay the :same if 8 �i any false-nor fraudulent claim, bill.,,.account,_voucher, or fritingt ble eitherby imprisonment in the c�uunty jail for a period of-not-more than cane'Yltear,rby,:_�►, fine of not .exceeding one thousand ($1;000}; or -by both :such =imprisonment;,ppd,,fine.: -or by" mpr sor r"nt in the state prison, by a :fine`of not exceeding _ten;'.thousand dollars-(,$10,000, 'or liy V• .,-, �� 2nd ?ne ^, �� 33.LlV4U3d - `0 0 O -� C mm ;E 1 o - - a $ _ � o °o Ila o*n N _ mJim E3 13 m f a all woe , z 411 An 41 o < � �s . r� = ooao - .g C C�0 to- VA 00 ! maw- DDD D ` °O . as DOD CT a 13 40 - -�� ... + M g IL it V �► �, ` "311 $- ., as MR till l o ba vaprE_ YgU, J r-mss PW-ZPXUSTOWRME aaara au- s CL A! BOA;: 0r SU%ER�:S^=S Or CON-;: 'OS74 COUN'v, CA:IFORN'A December 17 1996 Claim ASainst the County. or District gove►nedty) B0`110N the Boa►c c' Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT And Boa-: A;tion. All Section references are to ) The copy of this document mailed to you is your notice of Califo-ria Gove-"nt Codes. ) the action taken on your claim by the Board of Supe►vise-S (Paragraph IV below), given pursuant to rhment Code Amount: $10,000.00 + Section 913 and 915.4.WiMM97MRings". CLAIMANT: Clarence A. Hunt, Jr. NOV 2 1 1996 ATIORNFY: Clarence A. Hunt, Jr. OOUN'►y COUNSEL California Personnel Resources Date received MARTINEZ CALIF. ADDRESS: 1300 Clay St. Ste. 600 BY DELIVERY TO CLERK ON November 20, 1996 Oakland, CA 94612 IT NAIL POSTMARKED: November 18, 1996 1. FROM: Clerk of the Board of Supervisors TO: county Counsel Attached is a copy of the above noted claim. DATED: November 21, 1996 . IVIL ATI.-V ELOR, Clerk (� 11. FROM: County counsel TO: Cierk 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: ��� / BY: Oeputy 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 Supervisors present A This Claim is rejected in full. ( Other: I Certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: �t�/T�9� PWIL BATCHELOR, Clerk, By�-9/i'e''`� /L�`c�-` , Deputy Clerk YARNING (Gov. code section 913) Subject to certain exceptions, YOU have only six (6) months from the date this notice Ms personally served or deposited in the mail to file a court action on this claim. Ste Government Code Section 945.;. you my seek the advice of an attorney of your Choice in connection With this matter. If you ant to consult an attorney, you should do so immediately. + For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF NAILING I declare Snider penalty of perjury that I as nor, and At ell times heron sontioned, have been a Citizen Of the united States, over age 18; and that today I deposited io a* United States Postal service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: /t�20%& BY: PHIL BATCHELOR by,,-�j� �-- �' Deputy Clerk CC: Cou*ty i,C :rSe County AdfiiniStrator G CPR California Personnel Resources November 15, 1996 RECEIVED Contra Costa County Clerk Of The Board Of Supervisors NOV 2 0 651 Pine Street, Room 106 SM Martinez, Ca 94553 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Re: Governmental Claim Dear Clerk: Please file the attached governmenal claim and return an endorsed copy to me in the enclosed envelope. Thank you. Sincerely, U Clarence Hunt 5700 Stoneridge Mall Road, Suite 245,Pleasanton, CA 94588 • phn(800)248-TEMP 1300 Clay Street,Suite 600, Oakland, CA 94612•phn (510)466-6355,fax(510)549-9657 2049 Century Park East, Suite 1200, Century City, CA 90067•phn (213)487-4659, fax(213)487-5991 980 9th Street, 16th Floor, Sacramento, CA 95814 • phn(800)248-TEMP 1250 Oakmead Parkway,Suite 210,Sunnyvale,CA 94086 •(800)248-TEMP 4350 La Jolla Village Drive, San Diego, CA 92122 • phn(800) 248-TEMP " GOVERNMENTAL CLAIM 1 2 TO: Contra Costa County 3 CLAIMANT: Clarence A. Hunt, Jr. individually, and California Personnel Resources 4 5 CLAIMANT'S _ ADDRESS: 1300 Clay Street Suite 600 6 Oakland, CA 94612 R�L;Ea 7 CLAIMANT'S N0V 2 0 19 , PHONE NUMBER: (510)466-6355 8 -E 80AR' -ONTI, 3 9 ADDRESS TO WHICH NOTICES ARE TO 10 BE SENT: Clarence A. Hunt, Jr. California Personnel Resources 1.1 1300 Clay Street Suite 600 12 Oakland, CA 94612 13 DATE OF OCCURRENCE OR TRANSACTION: On or about October 14, 1996, and within 6 months of the filing 14 of this governmental claim. 15 HOW DID 16 TRANSACTION TAKE PLACE: Clarence A. Hunt, Jr., at all times herein mentioned was and is, 17 an African-American business owner, doing business in the State 18 of California. 19 At all times herein mentioned, Contra Costa County violated either or both of, the equal protection provisions of the California Constitution, Article 1, § 8, by acting in an arbitrary, 20 retaliatory, and racially discriminatory fashion towards claimants, and by failing to give claimants fair and impartial consideration of the competitive bid herein described. 21 22 More specifically, on or about March 1996, Contra Costa County caused to be prepared and delivered to CLARENCE HUNT and CALIFORNIA PERSONNEL RESOURCES its 23 Request For Proposal for the provision of temporary agency services. On or about April 12, 1996, CLARENCE HUNT and CALIFORNIA PERSONNEL RESOURCES caused to be 24 delivered to Contra Costa County its firm's response to the above Request For Proposal, and 25 said response was fully responsive in all particulars to the requirements of Contra Costa County's Request For Proposal. 26 LESLIE KNIGHT, SUE BEADLE, and MARY MADDOX were then employed by 27 Contra Costa County, and are responsible in whole or in part for the matters hereinafter 28 alleged. GOVERNMENTAL CLAIM 1 Claimants never received a written notice of denial of contract by Contra Costa County. 1 On or about October 11, 1996, claimants requested a bid recap of the prices of the vendors 2 awarded contracts by Contra Costa County. On October 11, 1996, Contra Costa County provided claimants with a recap of the prices of the vendors awarded Contra Costa County 3 contracts pursuant to the herein referenced Request For Proposal. On October 11, 1996, claimants discovered for the first time that their bid proposal to Contra Costa County was more 4 competitive than all five (5) vendors awarded contracts. Claimants are African-Americans and 5 all of the selected vendors are Caucasians. 6 On or about October 14, 1996, LESLIE KNIGHT informed CLARENCE HUNT that CALIFONIA PERSONNEL RESOURCES proposal would not be considered further and that 7 Contra Costa County awarded three contracts to selected vendors. LESLIE KNIGHT and $ Contra Costa County rejected Clarence Hunt's bid proposal in retaliation against Clarence Hunt for filing a lawsuit against BART, resulting from LESLIE KNIGHT's prior employment with 9 BART and Contra Costa County's historical pattern of race discrimination against African-Americans in the procurement of temporary personnel services. 10 DAMAGES SUFFERED 11 BY CLAIMANT: Claimant CLARENCE HUNT has suffered pecuniary loss; loss 12 of contractual benefits; loss of profits; loss of benefits: loss of income, emotional distress, and pain and suffering, in an amount 13 of$ 6,000,000 and above the jurisdictional limits of the Superior Court of California. 14 15 Dated: November 11, 1996 By: 16 17 18 CLAREN E A. HUNT, JR. 19 20 21 22 23 24 25 26 27 28 GOVERNMENTAL CLAIM 2 to � �a •_.'a -+� Nv � ~N 1-0 0 .e' ,: i--p �O 0 T d S >� 13) (d CO ca 741 v"'O O a k of J � O l N C's CLA;w BOA;. Or Su%Ea�:5:=.5 Or CON-.-,I .O574 C%ly ,y, CALIFOakiA December 17, 1996 Claim Against the County, or District governed by) BOA A_ION the Board c` Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Boa-: Action. All Section references are to ) The copy of this docorent failed to you is your notice of California Gove-nment Codes. ) the action taken on ur�Agffit he Board of Supervisors (Paragraph IV ito Government Code *blunt: $5,552.72 Section 913 • I5.4. Please note all •itarnings.. CLAIMANT: Stuart M. Pettigrew NOV 2 2 1996 1420 45th St. Annex COUNTY COUNSEL ATiORNEY: Fmeryville, CA 94608 MARTINEZ CALIF. Date received ADDRESS: BY DELIVERY TO CLERK ON November -2.1 1 A96 BY NAIL POSTMARKED: November 20, 1996 1. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. DATED: November 22, 1996 IL ``AT ELOR, Clerk �: DepUTy II. FROM: County Counsel T0: 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 Bard 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 ripht to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 22- Br: Deputy County Counsel III. FROM. Clerk of the Bard TO: County Counsel (1) County Admin trstor (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOA �R /D ORDER: By unanimous vote of the Supervisors present (/1) 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: /a�i��9cp PHIL BATCHELOR. Clerk, Deputy Clerk MARNING (Gov. code section 913) Subject to certain esteptions, you have only six (6) months from the date this notice was personally served or deposited in the mil to file a court actioe 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. s Tor Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of Perjury that 1 as 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 show above. Dated. /2120 1910 BY: PHIL BATCHELOR byDeputy Clerk CC: Cointy Cc.:rse' County Administrator Cla_ to: BOA ID OF SWERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claiss 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 . I PWM 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, 653 Pins Street,, Martinez, -CA 94553. C. If claim is-against a•distript,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.�cne public entity, separate claims must be filen against each, public entity. y E. Fraud. See penalty for fraudulent claims, Penal. Code Seo. 72 at the--end of this for--. M. Claim By ) Reserved for Clerk's filling stamp RECEIVED Against the County of Contra Costa �) or ) 1N 21 19916 District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. Mle undersigned claimant hereby makes claim against the County of Contra Costa or the-above-named District in the sum of and in support of is claim represents as foi3.o• th .�s: . . . 1. When did the damage or injury occur? '(Give exact date and hour) 10 =�30/x,.M . 2. Vthere did the damage or injury occur? (Include city and county) ��`�y V/�L(�Y `12�`•D C7 X12 ���. �(�����,-��T���tl�D� 3• How did the damage or injury occur? (Give full details; use extra paper if required) —� 05TTACA&P t;X 1f1�rT5 $. What particular act or omission on the part of county or district officers, se.^vants or employees caused the injury or damage? ;:6 , j_5(CYC-LC, 'P-IDIP6 ��N c�S eo,.rD�ria�l A 01' -rTf:9 RAFFY VAU;. y F-P -rc>TNS Dt�GK OF- � T,)et5tz CF-1a4YP_` g!%N ITS SCS U1�� t5p6E; � TOWAgD -TH9� 124GRr HAND S(X- DP�' TPe M55C�Q,117 tArG of y dPfWey IP• TMIs eorJP(noN 6-x 151WP Al- TMC- -rIM6 .OF TX-Igr ASOVG w 3ulz`1, by 6(24—°l` I� i(�, Jw C0.VP-70N WAS -PtM 5. 'wnat are `.tie names of county or district officers, servants or employees causing the damage or in jL y? UN�Noc�N 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. MKC_N C-OULA9 `CLA\)ICLr); Vk:�\T> tN301:�7 Ca-)CL)55(a1-Jj (tAjUg1g5 ltsCLL1D1NG A$IzA5(oN5, L055 or '1aALc-5 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) co5T C%F (p1Jup,�55 (_T WAS UO1NSu12lD AT `-JJMC o-r- (N 3 u rz`() FLu s Lo5S bF 6b-040 +DO(Z.. 5t595- AITk —T—/n(P,5;7 t5rx4-O iN T— I rt�l'�c2�D Ut57' o Xp NS�s C L,�II��'D $. Names and addresses of Witnesses, doctors and hospitals. • -,\/ID OGWZAL,EK , 63+ 14FRPil?.D ST. �A1,I FFANcl 6n c^ °J4ld-• • DDNNA 't•3 D, 4'20 4S� SY ANN�7C, C-MLMYV(Ltg, Glp of.4(oOg �WITPC-3S). • /�L1C I-(uNR�t �.p., �h�'(2C i�Cy M) .�oF{ra ML219 Mt�UGAL CttJTO'Z I(ool y6rAC10 VA b& • laAr r L • S. GoR*t-TJ IcoNfiz4TAS MzVifl�D(o SDs, 12v LA CASA 'VIA 'k.O3, Lt At-our Grzgi:­� cAe) 5g 9. List the expenditures you made an account of this accident or injury: DATE ITEM, AMOUNT a .f Gov. Code Sec. 910:2 provides: w +� _ - •-J "The claim must be signed by the claimant S' 1D NOTICES T0- by some person o 's behalf." Name and Address of-Attorneys-j =- Y-� Claimant's Signat 5 f�fvC" 'T, G12 5 e; 14-20SC"'(' AC" l�N � � (Address) - - - l`'I `1 GSA Telephone No. Telephone No. 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 off cer,. 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 C3ai= to: WOW OF SU OMISOM OF C0ffI'itA COM It�.S'f16LMORS TO CLADIMT r -_= rson or to per- k. Mai= relating to causes of action far cfea�h #� �ei'ore Dec eWber 31, 1987: somal property or mon ming crops and shish a0crue of the cause of Mist be presented not. AO later than the 2th ,day after the aatian. Claims relating to. a of action bt'• th oroma r 3 : or to persMal.property or grtx�r L89 crops a� rich aa� of the cause 1988: Imt-be presented not later t# to six ..2_ . : text -not - ; Of action. Claims relating to m of aatSco Govt• :Code + 911.2.. later than one year after the a=Val of the cameof , at itsofPioe is tr -filed ' .. CU* ,of,of the Boa'�>rQ,of �WPWVLWM�t C� . � �� .. B. � 4--4^n t��C ! �'p� .heti Rom 106! �,`- . the Board of &Ve vi3=s Y"atW than C. If claim is.against a;distript.�gomex ned the Coady f name of the District ahvu]d be fia3.ed.fu- Inst mcx�e _than 0w publia;eutitys separate maims »st be D. If the ClRim is ago Shed against each public entity. ^� - O f this E. Fraud."See pity for fraudulent Peria1 tide - T2 at end .o eeeea +� eeeeae �ta +� eaee +����tsfiii�s8estamPM. ee claim BY 3 Reserved -.-RECEIVED '.. Against the the County of Contra Costa MN21 M6 or - District) CLERK BOARD OF SUPERVISORS Fi in rn� .;...:.: CONTRA COSTA CO. e ucodeigned elaimaxit hereby nr3kes claim against �e County Of Contra Costa or 'L t of floe above-ted District 'in the,sum +cif $ � and in suPP� this claim represents as'folio.rs s Mmm 1. did the damage.or injury 00Mn''-� 'tGive exact date and hour or 3nSiu�Sr ? {Ina xmdee city .and.eouaty3 w. 2. t din the 4av (LAIf , SM did the die 'or -injury 010M*? (Give #UU detail ; Q. extra, ' • r+equired) Ilse :.. :, _ • - r_ or district tifficers. ,. Scalar set or c�misgan crn.the=part . c . : iLiJ� A. Vat part he in oz` servants or employees .,_ ;t,�Juryt firm 1C1;- A�VY off' 'pWS rt) a t. GNC?xt e ' j 'S , N�:, yPtiUy T'a'1"H' `SCK '`'�' vr�p» ` �1?4�k�:W Six of 19JkS()U Gr t�1 Jc1�Y Eti`1 D�T h r -0w VM&VW& C,�y37aN 0A� r ne• yes of cwmLv or disCriCt Orricers. servants or employees causing .tnat are „ n2. ? (Give eft of Injuries or tit daulge c� injuries do You c1�►im e. N C,pUI.PCCK �O V W & 5. es claimed tW estimates "for aurt4 dasaa8 � t tJ C. �tN damages � tNJ�� wr#M04ZI t", At3'AaN�f5 � the est�mated amount +of my Now was tie annoa�nt � sbave oo��3. �� T prospective injury or damage.) CL�.� d���d t sv fz� -PLUG, toss aP CLAIh , ------------------------ ana n�i • s ±�asnes and addresses of uitr�e sses, dwtOrls y ''wGt W °l 07 A �u- t Wt � s' � C146,09 GtDUA �• t 420 45�' S� A NNS r j MODCA GCiVItOM CA hoot Y6tA � Ct; E M.'p., er iimc3o 7 Mr J�ta Vik 2a3, 'ice'-�'vt cnr'K- ALiaw.-t''�}, tc. CP�SIA G*gtJ �GoN IzIL9 1 tzis ident or 9. List the ditures y ou made cm account of ITEM DATE 40 * + eeeeee # ee �t ,-� e e Gov. Code Sea. 910»2 provides:� claimant-T _ he claim est Slgn or SD NMCE�S TOO of-AttorneY I .w . ..�.� and kddress iman is igr Cla '1"i C�'R CA ��0� .. TeiephoneNo. Jr ir Ir 4* Te1q ° � ,Section 72 of the Penal Code provides' owa»ce or for ` resents far all n en who, with!:.3.ntent to_def`rau'any:__ - t ),cit or district fraudulent°�' ' ` or eff cer,' a r Yti yfalse or payment to any state board the same .i f -90MA MS � ' int in ou or pay , e .p�.shable. either 1y}' offices., authorized to �- or wrtii}S, a.fine of not""exceed�8 . claim, bila; account,.Moucher,_: . i., e;year, .. m rist3riizr„s�t.-in. of not, fine :or by v. il' 1or` .a: `i i and or by the c�ssnt such ltd �$10,tlOfl, thpa, i0003, ' by� dintez?r d°l�l 's w ,r. y one- of no th�e{.statA. pris�fm].,-" � to ;1 rv. *�..yyy.. r7 ~� *'f•�'bM.. ;s.` .r . i`. - +.- •...,_. ,,,,, ,�, A,l ira : i .^lEi+i .-fit l/ � 4 'ly j 'i„;� .e,+.r'.-.d '`..�14"'y / `' 1 EXHIBIT Question#3 (How did the damage or in-jury occur?) On the morning of September 21 st, 1996 my friend, David Ogorzalek(the witness), and I rode our 10-speed bicycles around a series of roads we know as the "Wildcat Canyon Circuit". Part of this circuit includes Happy Valley Road. On Happy Valley Road I was riding my bicycle in the right most portion of the West bound lane, and David was riding more to the center 3rd of the lane a little bit behind me. We were traveling at about 20 miles per hour. Where Happy Valley Road crosses the Deer Creek bridge, my bicycle struck a vertical change in the road surface. The impact of this simultaneously blew out the front tire of my bicycle and jolted the front wheel/handlebars 90 degrees to the left causing me to loose control of the bicycle and crash, still on the bicycle, on my left side on the concrete bridge deck. I landed primarily on my left shoulder and struck my helmeted head on the left side. The impact broke my collar bone, caused head injuries (which still cause me to have dizzy spells when changing position of my head), and caused abrasions on the sides of my shoulder, elbow, knee, and ankle. I managed to get myself to the side of the bridge and David rode for help. A district ranger, an ambulance, and fire department truck were called to the scene. The ranger held me in one position in case I had a broken neck until the ambulance arrived. I was taken to John Muir Medical Center's emergency room. The above mentioned vertical change occurred at the joint of the blacktop road surface and the concrete bridge deck. At this point, the road surface had progressively settled along the width of the right lane until it was approximately 2" down from the bridge deck in the right quarter of the lane where I crossed this hazardous condition(see sketch A). Later in the day(9/21/96), David and another friend, Donna Beard, returned to the Deer Creek bridge to inspect the hazard. ALfi RUq'D 5crtz.FACt— $k►PG6 pr--CK. Tr at'rtt vF- U,r :e':jn:. �:.rro � •r. ^;y^%"�:>','Tl.''L' .yi�,<;q:��,,,•. } r-. �4 'd rbtaC�Fi'�' I-P F7 A. A � I ` o Gtzoss S�cTa� (Z W�PGL- Jo(oT' gf2(��1� While returning from an October 9th, 1996 followup visit to a Walnut Creek orthopedic surgeon, Dr. Contreras,David drove me to the bridge. The transition from road to bridge which comprised the hazardous condition has been remedied by asphalt patching (see sketch B and attached photos). ��� N�LJ 11•Sp{-�P�l.�' `P�'CFj�N�I,J Ra 'T�lJdt 5��� • �a� ,:,•`�. •r'A " it.'QrY`, O%�.2i�',' '%i�• ''�.r.'•P'� ,' r/`.�.%e� ..� v '�`'4,t/�tw 6�l•� ' 1, r!, .a ! �'y .!• ,�` 6/•7" ," ' •45`` �p! •y s' VOW ! h/'G Imo. 4-- O L1� ,Q�j�ALT� 7�,eaD ScJ1z��C>.•,�, Tape Calculator - American Medical Res 785. 01 + John Muir Med Center 968 . 62 + Emergency Rm Doctor 335. 00 + Dr Goheen followup 88 . 00 + Dr Contreras followu 56. 00 + Bay Imaging (xray) 65 . 00 + Vicodin & Neosporin 12 . 99 + More Vicodin 14 . 09 + Car expense to Dr. 8 . 01 + Kaiser followup xray 10 . 00 + Kaiser followup Dr. 10 . 00 + Wages lost ($40x8Ohr) 3200 . 00 Total : 5552 . 72 t r a t i.�r o fA 9qy OAU vo /.� % �' � o'!"j�� � � .�.+�4;::: ��`�i-1`'J•.Sr/ ., r�X t1^ate ' .a$ �4 a✓;,. ) :ate y�`' Jl'} r� �. 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'f Y�: r t r e � � c a 1 :! � - ��)�...`�� (' r2",„� r �,� G i#�°� ''� � a,'t �r r � -;•� ` Y y �.x s'r ) gEys : 'i 'trti, c. r ds,yt'', t l ?'� i ���;f{� ; trot, � s�7.Y�•ps �-. � '� q rro s T. 'r t., t ' � . �; > � £. r - 'y Y�b � ,� L it aty. `4 t•k ,. r ', T `�% � :N _ r t h t }'. V'r i ar "��y� Yi r c: },. t 3 .}.�t �` � .1 % t• 1~r y � �rY. •� � -) at � 1. ``� .S.- rt `�i�. C' /Co CLAiy BOA:,: Or SU%ER�:S::.S Or CON';! :CS'A COUNTY, CA;IFDRN;A December 17, 1996 Claim A;ainst the County, or District governed by) BOA�CTION the Boart c' Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Boa-: A:tion. All Section references are to ) The copy of this document mailed t0 you is your notice of Califo-ria Gcve-n"f�t Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Qpi� Mgs . 1[[ Amount: $50,000.00 Section 913 and 915.4. Please note all i'j'j CLAIMANT:Judy Lou Sowell NOV 2 6 1996 COUNTY COUNSEL. ATTORNEY:Paul N. Dane MARTINEZ CALIF. 706 Main St. , Ste. A Date received ADDRESS: Martinez, CA 94553 BY DELIVERY TO CLERK ON November 26, 1996 IT 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: November 26, 199E IL LpuCTlylOR' Clerk � � ��--- ll, FROM: County Counsel TO: Clerk of the Bard 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 to notifying Claimant. The Bard cannot act for 15 days (Section 910.8). ( ) Clain is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimants ripht to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM`:° Clerk of the Bard TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present �) This Claim is rejected in full. ( ) Other: I certify that this Is a true and correct copy of the Board's Order entered in its Minutes for this date. Dated: / PHIL BATCNELOR. Clerk. By ��i1-¢-�-��i`-"`��' . Deputy Clerk YARNING (Gov. code section 913) Subject to certain e:ceptiofs, you have only six (6) aasnths from the date this notice was personally served or deposited in the mail to file A Court actien on this claim. See Government Code Section 945.6. you way seek the advice of an attorney of your choice in connection with this matter. 1f you went to consult an attorney, you should do $o immediately, + For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF HAILING I declare under penalty of perjury that I as now, and at all times herein mentioned, have been a Citi=en of the United States, over age 18; and that today I deposited in V* united States Po$Ul Service in Martinez, California, postage fully prepaid a certified caps of this Bard Order and Notice to Claimant, addressed to the Claimant as shown above. Dated: /'0'/0/9& BY: PHIL BATCHELOR byiiiv'�� � Deputy Clerk CC: County Cc :pse County Administrator A� 1 y Claim �,o: BOARD CI___JF VERYI.SORS OF CONTRA COSTA COW ^I?; CTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- conal property or growing crops and which accrue on or before December 31, 1967, 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, 19869 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. Maim must be filed with the Clerk of the Board of Supervisors at its office in Room 106, City 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 orm. • 0 * a * a 0 0 0 0 0 * * * 0 * * * 0 * * 0 * * 0 0 * 0 * 0 * * 0 0 * * * * * 0 * 0 0 RE: Maim By ) Reserved for Clerk's filing stamp JUDY LOU SOWELL ) RECEIVE® Against the County of Contra Costa ) NOV 2 6 {996 or ) District) CLERK BOARD OF SUPERVISORS (Fill in name ) CONTRA COSTA CO. We undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the cum of $ 50,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) MAY 28, 1996 at 9:05 a.m. 2. Where did the damage or injury occur? (Include city and county) COURT HOUSE AT 725 COURT STREET, MARTINEZ, CALIFORNIA 3. Row did the damage or injury occur? (Give Rill details; use extra paper if required) MS. SOWELL CAME OUT OF THE FRONT DOOR AND FELL DOWN THE STEPS. THE STEPS CONSTITUTE AN OPTICAL ILLUSION. k. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) __ ...� 6ctc names of county or district officers ervants or employees causing the damage or in .1e P�SCOURT / RELATED-W STAFF; PLANNERS AND ENGINEERS, SUPERIOR COSTA. COUNTY OF CONTRA 6. What damage or injuries do you claim resulted? (Give fU31 extent of injuries or damages claimed. Attach two estimates for auto damage. RMANANT DAMAGE TO LEFT ANKLE AND RIGHT KNEE. PE 7. Hou Was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) FAIR SETTLEMENT, IF NO LITIGATION - EXPERTS AT KAISER SAY INJURIES WON'T GET ANY BETTER 8. blames and addresses of Witnesses, doctors and hospitals. PAUL N. DANE STE A KELLY AIRESRTINEZ KAISER 706 MAIN STREET, 355 SCHQONER MIR ROAD MARTINEZ, CA 94553 PITTS. CA 94565 372-1000 370-6359 �510Z 439-3992 (510) (510)9 List the expenditures you made on account of this accident or injury: DATE I EM ALL COVERED BY KAISER INSURANCE Gov. Code Sec. 910.2 provides: „ *The claim mustbe . d by the claimant SEND NOTICES TO: (Attorney) or so so is behalf " ame and Address of Attorney PAUL N. DANE 706 MAIN STREET, STE A a Signa MARTINEZ, CA 94553 e814EL ERWOOD DRIVE (Address) MARTINEZ, CA 94553 Telephone No. (51o) 370-6359 Telephone No. (910) 228-5154 NOTICE Section T2 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 ar 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 cne thousand ($1,000), or by bath such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars 010,000, or by both such imprisonment and fine. CLA."! BOAR: 0r Su%ERS:S::.S 0r CON' :.S't COUN'v, CA:IFORN:A December 17, 1996 Claie! Against the Cowr,ty, or DiStrict governed by) BOA;-', TION the Boare c' Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Boa-: A:tion. All Section references are to ) The copy of this document nailed to you is your notice of Califeria GOvlrnment Codes. ) the action taken on your claim by the Board of Supervises (Paragraph IV below), given pursuant to Government Code Amount: $10,000.00 + Section 91 3149=W%tote all •Warnlngsw, CLAIMANT: Diana, Elizabeth Talbert NAV 2 2 1996 ATiORNEY: S. Robert Diener COUNTY OU YCOUNSEL UNSCALIL Attorney at Law Date received T ADDRESS: 3050 Shattuck Ave. BY DELIVERY TO CLERK ON November 22, 1996 Berkeley, CA 94705 November 21, 1996 !Y NAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED:_ November 22, 1996 }L �puylOR, Clerk 11. FROM: County Counsel 70: 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 Bard cannot act for 15 days (Section 910.8). r ( ) Claim is not timely filed. The Clerk should return claim on ground that it was tiled late and send warning of claimant's right to apply for leave to Present a late claim (Section 911.3). ( ) Other: Dated: //��/�9� BY: V" Deputy County Counsel III. FROM: Clerk of the Board TO: county Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAU ORDER: By unanimous vote of the Supervisors 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: /2 PHIL lATCHELOR, Clerk, !y �9 . Deputy Clerk MARNING (Gov. code section 913) Ub3ect to certain exceptions, you We only six (6) months from t" data 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 my seek the advice of an attorney of your choice in connection with this matter. If you ant to consult an attorney, you should do so immediately. + For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF NAILING I declare under penalty Of Perjury that I 90f4m, and at all times herein mentioned, tave been a citizen of the Nnited States, over age 18; and that today I deposited in tlae united States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Bard Order and Notice to Claimant, addressed to the claimant as shown above. Dated: /Z ---q� — 96' BY: PHIL BATCHELOR by�����Deputy Clerk CC: Cojr-ty Ccorse' County Administrator S. ROBERT DIENER Attorney at Law 3050 Shattuck Avenue Telephone: (510) 848-4752 Berkeley,California 94705 ( ) .--- Facsimile: 510 848-5819 1 ;V1 VED ROY 2 2 19% November 21, 1996 CLERK BOARD OF StIPFRVISORS CONTRA COSTA CO. CERTIFIED MAIL, RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors Room 106, County Administration Building 651 Pine Street Martinez, CA 94553 Re: Personal Injury Claim My Client: Diana Talbert Date of Loss:. June 20,.-1996 Dear Clerk: I am presenting this claim for personal injuries against the County of Contra Costa, and its Sheriff's Department, on behalf of Diana Elizabeth Talbert, 2672 Hilgard Street, Berkeley, California. The address to which notices concerning this claim should be sent is: S. Robert Diener Attorney at Law 3050 Shattuck Avenue Berkeley, California 94705 (510) 848-4752 The date, place and other circumstances of the occurrence which gives rise to the claim asserted is: On June 20, 1996, at approximately 12:20 in the afternoon, at the intersection of Garvin Avenue and Kern Streets, Richmond, Contra Costa County, California, Sheriff James Mark Bickert, while driving-a vehicle owned by Contra Costa County and in the course of his employment with the Contra Costa County Sheriff's Department, negligently operated his vehicle so as to cause it to collide with a vehicle owned and operated by Diana Elizabeth Talbert, causing her to suffer personal injuries. Among other things, liability is predicated on the officer's excessive speed for the conditions and failure to yield to traffic in Clerk of the Board of Supervisors November 21, 1996 Page 2 the intersection; and on the County's maintenance of a dangerous condition of public property by failure to have a stop sign at this dangerous intersection. A general description of the injury, so far as known at this time, is: Ms. Talbert suffered a double impact when she was hit by the sheriff's car, spun around, and forced into a parked car. She suffered shock; concussion syndrome; cognitive impairment, lack of mental clarity and confusion; headaches; neck, back and shoulder pain; cervical, thoracic and lumbar strain and sprain; fatigue; thighs, calves and feet pain and muscle injury; bruised breast bone; stress; and indigestion. She has medical and related expenses. She lost time from work. She suffered property damage, which may be subrogated by her insurer. She lost the value of certain pre-paid programs. The name of the public employee causing the injuries is James Mark Bickert. Discovery is continuing, and she does not now know the names of other persons who may be responsible, such as those responsible for the failure to have a stop sign at the intersection. The total amount claimed is more than $10,000. The exact amount of the claim is unknown at this time. Subject to the right to amend this claim, the claimant presently believes that jurisdiction would rest in the Municipal Court. Very truly yours, S. ROBERT DIENER SRD/hs PROOF OF SERVICE BY MAIL 1 2 I, S. ROBERT DIENER, hereby declare: 3 1 am a citizen of the United States and employed in the County of Alameda, 4 California. I am over the age of 18 years and not a parry to the within action. My 5 business address is 3050 Shattuck Avenue, Berkeley, California 94705. 6 On the date set forth hereunder I served the original of the following document: 7 GOVERNMENTAL CLAIM LETTER 8 in this action by placing a true copy thereof enclosed in a sealed envelope addressed as 9 follows: 10 Clerk of the Board of Supervisors Room 106, County Administration Building 11 651 Pine Street Martinez, CA 94553 12 I am readily familiar with the business practice for the collection and processing of 13 correspondence for mailing with the United States Postal Service, and that the 14 correspondence was deposited with the United States Postal Service in the ordinary course 15 of business at Berkeley, California. 16 I certify under penalty of perjury that the foregoing is true and correct and that this 17 document was executed on November 21, 1996, at Berkeley, California. 18 19 20 S. ROBERT DIENER 21 22 23 24 25 26 27 28 a ;A O C W � v eoLA CD 0 z � Ln o CD � CD aru 4t y W . �31 Ln —d4 N O O ru • _ (�) cr CD CL c 2, G Li•.�"Q � '1 R ils CLA:M BOAS: Or Su%ER�:S^=5 or CON—;! .CS'A C%NlY,CALIFORN:A December 17, 1996 Claim Aytinst the County, or District governed by) BOA_ ACTION the Bose c' Supervisors, Routing Endorseme*ts, ) NOTICE TO CLAIMANT and Boa-., A:tion. All Section references are to ) The copy of this document mailed to you is your notice of Calife—i! hove"n"rt Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph Iv below). given q�, Int Code Ateount: $10,000.00 + Section 913 and PIS.;. P ]eta 1 s•. CLAIMANT-Tony Transchel NOV 21 1996 COUNTY COUNSEL ATiORNEr: Thomas G. McLaughlin MARTINEZ CALIF. McLaughlin & Pegnim Law Offices ate received ADDRESS: 3105 Lone Tree Way, Ste. A BY DELIVERY TO CLERK ON November 20, 1996 Antioch, CA 94509 Hand Delivered gY MAIL POSTMARKED: 1. FROM: Clerk of the bard of Supervisors 70; County Counsel Attached is a copy of the above-noted claim. DATED: November 21, 1996 OIL �puCiylOR, Clerk. lerkU. FROM: County Counsel TO: Clerk of the Soard of Supervisors (x) 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: aZ( BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAR;, ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy Of the bard's Order entered in its minutes for this date. Dated: �� /7 ' PHIL DATCHELOR, Clerk, By Deputy Clerk MUNING (Gov. code Section 913) Subject to certain exceptions, you M" Only Sia (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 946.6. You may seek the advice of an attorney Of your choice in Connection with this mutter. 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 nom, and at all times herein mentioned. have bet" a Citizen Of the United States, over age 16; and that today I deposited in w United States Postal Service in Martine:. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated' �2 BY: PHIL BATCHELOR byv�'e' ' /�` Deputy Clerk CC: County :corse* County Aftim strator ,4 `r THOMAS G. McLAUGHLIN, ESQ. RECEIVED McIAUGHLIN & PEGNIM LAW OFFICES 3105 LONE TREE WAY, SUITE A ANTIOCH, CA 94509 LNOV0 8*T Claimant: Tony Transchel CLERK BOARD OF SUPERVISO== CONTRA COSTA CO___—j CLAIM OF TONY TRANSCHEL, CLAIM FOR DAMAGES FOR Claimant, PERSONAL INJURIES TO GOVERNMENT CODE Vs. SECTION 910 COUNTY OF CONTRA COSTA, Respondent. / TO THE COUNTY OF CONTRA COSTA: YOU ARE HEREBY NOTIFIED that TONY TRANSCHEL, Claimant, who currently resides at 2230 Monterey Avenue, Martinez, California, claims damages from the COUNTY OF CONTRA COSTA as hereinafter described. This claim is based upon the personal injuries sustained by TONY TRANSCHEL on or about May 21, 1996, when TONY TRANSCHEL sustained personal injuries while driving north on Taylor Boulevard approximately 25 feet south of Pleasant Hill Road in an unincorporated area of Contra Costa County, State of California. The injuries of TONY TRANSCHEL, occurred while he was driving and negotiating a curve on Taylor Boulevard. The vehicle in which he was driving rearended a commercial trailer which was blocking the roadway. Said collision occurred at the above-described area. Claimant alleges that the County of Contra Costa maintained a dangerous condition of public property upon Taylor Boulevard near the intersection with Pleasant Hill r +r Road. Said location constituted a dangerous condition of public property due to the failure of the County of Contra Costa to properly design said roadway; to eliminate or reduce the blind curve; to eliminate or reduce the amount of drainage allowed to accumulate on said roadway in the event of rainy weather; and to post sufficient reduce speed signs in the vicinity of the area of the blind curve in the roadway. Such dangerous condition of public property was not trivial, created a substantial risk of harm or injury to persons including Tony Transchel, and was in fact a substantial factor in the occurrence of the collision: The names of the public employees causing claimants damages under the above-described circumstances are not known. The damages sustained by the claimant, as far as known as of the date of presentation of this claim are as follows: Expenses for medical and hospital. . . . . . . .In excess of; $ 7,500 Loss of earnings. . . ... . . . . . . . . . . . . . . . . . . . . Unknown General Damages. . . . . . . . . . . . . . . . . . . . . . . . . .In excess of $150, 000 Total In excess of $200,000 Jurisdiction over this claim rests in the Superior Court in that the amount of this claim exceeds the jurisdictional maximum of the municipal court. All notices or other communications with regard to this claim should be sent to THOMAS G. McLAUGHLIN, McLAUGHLIN & PEGNIM LAW OFFICES, 3105 LONE TREE WAY, SUITE A, ANTIOCH, CALIFORNIA 94509 telephone (510) 754-9901. Dated: November 20, 1996 BY: THOMAS G. McLAUGHLIN ATTORNEY FOR TONY TRANSCHEL