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HomeMy WebLinkAboutMINUTES - 02271996 - C28 CLAIM BOARD OF SUPE;y:SOPS OF CONTPA COSTA COUNTY, CALIFORNIA FEBRUARY 27, 1996 ) Claim Against the County, or District governed by) BOAPD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1,046.88 Section 913 and 913.4. Please note all "Warnires% CLAIMANT: ALLSTATE INSURANCE COMPANY 1663433835 ATi ORNE Y: EV WILKOM Date received ADDRESS: PO BOX 2246 BY DELIVERY TO CLERK ON FERRTTARY 6, 1996 BREA CA 92621 BY MAIL POSTMARKED: NTS DET.TVERED VIA: RISK MGMT 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. FEBRUARY 7 1996 PP Il l4TCHELDR, Clerk DATED: 9a: Deputy Jf 1A�1�� .•e .�1., 11. F�RDMM-: 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 910.6). ( ) Claim isnot 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: (52— V —1 (z BY: Deputy County Couns I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (� 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: 9A- _1;2- /:Z9�PHIL BATCHELDR, 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 to 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 IS; 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: 9a- aS —1,14<a BY: PHIL BATCHELOR by ,Deputy Clerk CC: County Counsel County Administrator ` . . . . Anstate ' ALLSTATE INSURANCE CO . 01/24/96 P . O . BOX 2246 BREA CA 92621 (800) 640-0614 -FEB 6 CLERK BO CONTRA COSTA RISK MANAGEMENT CONTRA C0918 C 651 PINE ST 6TH FLOO MARTINEZ CA 94553 OUR INVESTIGATION INDICATES THAT YOUR INSURED WAS RESPONSIBLE FOR THIS LOSS. ' SINCE WE HAVE ALREADY MADE A SETTLEMENT WITH OUR POLICYHOLDER , THE CLAIM HAS BEEN ASSIGNED TO US , COPIES OF THE FINAL PAPERS RELATING TO THE LOSS ARE ENCLOSED , PLEASE ACCEPT THIS LETTER AS NOTICE OF OUR SUBROGATION CLAIM , YOUR PROMPT PAYMENT WILL BE APPRECIATED , THANK YOU , SINCERELY , SUBROGATION DEPARTMENT CBP : G ^ ALLSTATE INSURANCE CO . ��_- -~~. (714) 579-6310 Vx~�� �,°_+~^1�� YOUR FILE NO . � IA1624 - YOUR INSURED CONTRA COSTA COUNTY ADDRESS 651 PINES ST FLR 6 MARTINEZ CA 94553 OUR CLAIM NO . / 1663433835 RJ:(' OUR INSURED RON J RICHMAN LOSS DATE 12/12/95 LOCATION / 550 SALLY RIDE / BUCHANAN AIRPRT PKNGCONCORD CA AMOUNT OF LOSS : $1 ,046 . 88 ALLSTATE_ INSURANCE COMPANY CENTRAL AUTO MCO i 1797 FOX DRIVE SAN JOSE, CA 95131 1 (800) 829-019 CD LOG NO e5d -0 DATE 01-17-96 ESTIMATE .CLAIM`INFORMATION :. :CLAIM V 166 :34:3 :30:3 5 POLICY 4 034 673 191 COMPANY • DKT AGENT INEURED LOSS DATE 06-27-95 CLAIMANT LOSS TYPE COLLISION INSPECTION `.'::APPRAISER. NAME HENRY PINNEY WORK -PHQNE (800) 829-0129 :<8189 FAX (510) 937 . . ADDRESS 3496 BUSKIRK AVE, INSP, DATE CITY 'STATE PLEASANT HILL CA - LOCATION iC:ATION zip94.52:3- CITY STATE OWNER- NAME . RICHMAN, RCN/CHERYL WORK PHONE REPAIR VEHICLE S4 MERCEDES BENc 500 . SEi= 2 60i R SEDAN S CYL. EIVG 5. G LITRE' OPTIONS $UNF�JOF BODY COLOR BURGUNDY 'MILEAGE '97, 416 CONDITION ' GOOD VIN WDOCA44WEA001666 LICENSE. C 3GbY'S5:3 CODE 3121 LICENSE. STATE. . C:A VEH REMARKS:. #E,:i `ASSIGNMENT- SETTLE COLLISION L QTR PAINT BLEND OPEN. DAMAGE ON LF DOUR I5 OVER THE INCURS10N BAR. THE LF DOOR CLADDING 1S OPEN, ITS INERT IS DEFINATELY DAMAGED. THE CLADDING I5 ,PI(SHED IN, MAY BE OK PART ' f_IDE OPERATION PRICE LAE.IDR STRIPES AND MOULDINGS M1da, Fender Lower L/R 011:3 R&I Assembly .0. 4 SM .Mldg, Front Dear- Lower- LT 09.99 R&I Assembly 0. 6 'SM Mld•a, Front. Door- Side LT 0201 Replace e OEM 39. 50 0. 2 SM 1266981980 FRONT BUMPER Front Bumper- R&I 0006 R&I Assembly 1 M FRONT END PANEL. AND LAMPS 1 1r171Fr F"'fhl'I� �,Z�1'h6: I,.."I' f1010 Rol m�r"$"nll b l Y 0 a 2 SM F=RONT BODY AND WINDSHIELD ',;:`;;,,;��: MERCEDES BEN, 500 SEC, 2 DOOR SEDAN DATE 01-17-96 LAIM ..i#... 66 343 303 5 LOG 850 Fender, rent . LT 0103 Refinish 1 . 5* RF 'FRONT :.U.P0F5 ,ypporjhe l ,Front LT 0207 Rwpa i r- 7. 0* tit*1 '' Iiaor.:Shell,Front LT 0207 Refinish -'• 4 RF Surface 2. 4 Handle;Wnt Doo . +qtr° LT 021:3 R&I Assembly 1. 4 SM Pni,:lnner Door- Trim LT 0231. R&I Assembly Chi M1dg,Front• Door- Belt LT 0239 R&I Assembly 0. 4 SM Mirror,+::uter R/C LT 0243 R&I Assembly 0. 3 SM MANUAL ENTRIES Polish Faint M12 Repair- 1 . 0* RF* C l r Tint. And .Blend M09 Repair- 1 . 0* RF* 14 ITEMS FINAL CALCULATIONS% & ENTRIES PARTS GROSS WAFTS 39. 50 OTHER, PART$:•. PAINT MATERIAL 12:3. 0) ADJUSTMENTS DISCOUNT MARk:UF' PARTS TOTAL 163. 41-1 TAX ON PARTS .WMATERIAL.` (;t V. 210X 13. 48 LABOR RATE : , REPLACE HRS REPAIR, H S 1-SHEET METAL . 050;00 , . 2 11 . 3 z 575. 00 2-MECH/ELE+. 50. 00 3-FRAME , 5u "uu 44REFINISH *00+ OG :3.9 2. 0 295. 00 57PAINT: .:11 LABOF ;TOTAL 6 87010 0 i i '`OMk UN •4ABOR Ca �UbL:ETI REPAIRS uggSS TOTAL cQ r LESS, NET DEDUCTIBLE WAIVED- CO NET TOTAL 1 , 046. 83 PXN Yes Geocode: 94523 PLEASANT HILI._ ;PPL No . ADP PENF'Ri i W030 E'er LOG 850 -0 . 01-17-96 1.6: 1 6: 02 REL 3. 0 CD 12/95 COPYRIGHT, AUTOMATIC DATA PROiwf::SS INia; INC. 1995 THIS ESTIMATE HAP BEEN PREPARED BASED ON THE IJ:3r_: OF CRASH PARTS SUPPLIED eY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VI::F••I:It:: i....l: . ANY WARRANTIES Ari..+<'OIt:.aAtaji...E TU T ril,,.f.wK AMPLrrc:,,r;;;,Mr;raT +;AnTO MRM r,nQV z:c i,,+, WY THE MAHUMCT iRER 1'77 , a Lo c% ICA LOo �o j `• go 41 O � . U o � i t 1 VN YO, 000 1-' CLAIM BOARD OF SUFERVI5OR5 OF CONTRA COSTA COUNTY�CALIFORNIA FEBRUARY 27, 1996 r Claim Against the County, or District governed by) BOAR ION the Board of Supervisors, Routing •Endorsements, ) NOTICE TO CLAIMANT i and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1,000,000.00 Section 913 and 915.4. Piea fm CLAIMANT: ODIS C BOWENS JAN 3 p 1996 ATIORNEY: COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: PO BOX 23453 BY DELIVERY TO CLERK ON JANUARY 30, 1996 PLEASANT HILL CA 94523 BY MAIL POSTMARKED: HAND DELIVERED 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. N g DATED: TANtiARY 30- 1()q6 lqIl Deputy OR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (V') This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ��31 Cj' (� BY: Deputy County Counsi I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDS ORDER: By unanimous vote of the Supervisors present ( ✓) This Claim is rejected in full. ( ) Other: - I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Gated: da -a,7- /99PNIL BATCHELOR, Cierk, 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. Set Government Code Section 945.6. You may seek the advice of an attorney of your choice in Connection with this matter. If you want to consult an attorney, you should do so immediately, • For Additional Warning See Reverse Side Of This Notice AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: q -aq --19 W fn BY: PHIL BATCHELOR by, ' Deputy Clerk CC: County Counsel County Administrator 'Claim 'to: ., BOARD OF SOPERVISORS OF CONTRA COSTA COUNTY C INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action.. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code See. 72 at the end of this form. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim Bv Reserved for Clerk's filing stamp G3CC� �1. -0 Against the County of Contra Costa ) or ) JAN 3 0 h98 District) CLERK BOARD OF SUPERVISORS Fill in name) I CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1, D0 0 0 0 to, oa , and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did thVdamage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Gi a full details; use extra paper if required) GU-{P. And .� C a 11� 7Te 5��� i'�5 �- � f AnJ,1 � Pam en `lo Cmrne. d A 5-�an� 19 YWhi ►_ UY-e_ V1064.1-1-al-liky AAIsv_,4t��� c�eea.15C—TFie, �,ct �oro� T C-�.r�� 61f vvo r4L��}�C5 Sn��c�� /K�Q ort /�►� p E' 4r�cs5Si?y l���s Z 1Ha 57��7 ova � �e S�7aot £Q Orl _ �'cer" �4ce (,�tkr fife ga �1 r� �� 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? � t e-e r r r-E� elGirn r rt� �- C'r�Men For Tr-e e a,40i,ZcL�c OF 'c-e r r�✓�a /q- P y /P�; �j GlnWer Yd GIS G �lec-/;o/,j 1X83 �n�/98/a C> re�rs 4acl /1Io �'rr�ba b(-e Ca4s o�Jac--C_ (over) 5. What are the names or county or district officers, servants or employees causing the damage or injury? Zv -Ee r ne� AJ c-e r �aave F�-e�n ba NUjh S. What damage or injuries do you claim resulted? (Give full extent of injuries or �. damages claimed. Attach two estimates for auto damage. False err-e,s-� ��5e 3v,,,�►r�sta�,m� -arrafsrner� {-� �alr�e ' Sru-FaVL -en---4 '-b LA e55`(T® Mx a�i�. . ,�d�r C�r' eR carni �ja�-;�n. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.)8. Names and addresses of witnesses, doctors and hospitals. -cage Ili c-lVyrnar Ats. Z,7t,Ire-a YC> 651r,>) 6 88 — 78T/ 9. List the expenditures you made on account of this accident or injury: DATE ITEM F WUMi 7r-ac 1K Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Claimant's Signature a. �— --2- 3y,5r3 PK"-5 Address elephune No. I Telephone No. (5l 8 7 99 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. `ow 3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY 27, 1996 I Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT ti 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: $3,563.78 Section 913 and 915.4. Please note all "Warnings% I Itycmawlig) CLAIMANT: BYRON WAYNE BUIE ATIORNEY: JAN 3 0 1996 Date received COUNTYCOUNSE ADDRESS: 400 SPARROW DR BY DELIVERY TO CLERK ON JANUAI "ff4E.qWF. HERCULES CA 94547 BY MAIL POSTMARKED: HAND DELIVERED 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: JANUARY 30, 1996 IVIL BATCHELOR, Clerk Il. 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: l l3 f 19�p BY- I Deputy County Counsf 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. Gated: C1 -;L7- 199- PHIL BATtNELOR, 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 natter. 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 b Jgcj Deputy Clerk CC: County Counsel County Administrator -ClAJ6 -to: BOARD OF SUPERVISORS OF CONTRA COSPA COUNTY INSTRUCTIONS TO CLAIMANT • A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. 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 1069 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 gair+.st each public ►rnt;t,. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this TOM. RE: Claim By ) Reserved for Clerk's filing stamp Inst the County of Contra Costa ) JAN 3 0 1996 or ) District) CLERK CONTRAARD OSUPERVISORS SA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 3S(o S,q5 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) �cc- 2. Where did the damage or injury occur? (Include city and county) A-r co �S--1Ck1rApe_. a_06 111R&o i►.l ��cu�es I 3• How did the damage or injury occur? (Give full details; use extra pepper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) t1.. Ci�X • Y 5. What are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. tic TOyc-A cCuc-, 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors and hospitals. SV-td�.2� AC��t�l �5 o��9�► -a lo� we ,c C���) 3�a- Imo X- 41077 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The cla must be signed by a claimant SEND NOTICES TO: (Attorney) or by s9be person on his beha ." Name and Address of Attorney Claimant's Signa �n1 Z/00 --simnu) (Address) 11 CA Telephone No. I Telephone No. C5/0 :Tl -a(0/3 f • * • • f IF IE � � � � • f f '�"7 f � � NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. oo kc-fcct-x-es CA OiUSLI7 -n-w- cz(�A c 1►-k --tTAIS L .1 V-V\ u� -.4 Re qL:� -Op—lcl AIA TO-PY&A MG aco C �$_Quo_—_tvc,�:r___—S�cC�___�_"T_l:� .__t,���S---P_��_'to ------ Uv-rS�s�G ------ Q c_U P---tiv_Vis---u �v-- ,� c5 _P_��i---7�''^�=---T -- — _toi , _'I't-� ���1�u_P____;-cs-�i='�---2-tvF_�s_2ia�Z_CQ��.�z__:��s�,.►�------ _. _`.------ - _��3�-�-5,----- _Qv l.l_!✓'�_.__(kCL2�'S�- ��=-1.�is G25C��-C.I.O i�`Ti✓.—��—�1'���I-t�--- _.�C-c.-T�o�__C�2���.c�� -- -�it�-----_..--- L�C�'tc�C� �y-------- ___ --L`—'G—`w`--2_o ___Ur•1_��(��_�1�,.---�3.�.�2.c__i�5--�--�_---�`---._I�����rt�L�VCi�.tcu..---�--�Z�S�Q_ COL4_,_t-5.00J..._------ -- F2or�.S�c:A�'Y►�2F ---tea.�------�.c_ �ts-1----1� c�n►�r.�_7��A�--�---�'�--�--------------- _ —�C----�k�---��---_vrz.cC�.�__l��C�E-t-t'_.__��N _ taw►-tc��--wLcL.G------ -- - --- ...__— _. - Bo4 W" a �d 760 SAN PABLO AVENUE a PINOLE, CA 94564 a (510) 724-8482 Bureau of Automotive Repair #AA115196 Owner Expert Fender and Body Work Date Ize� Address ) C�LJL L rcou) Phone acr) I` Q �j" �� Lic. No. City ,(� Work \`:\ � Phone Order No. Vehicle I.D. # Year Rake �� �Q Model / ,k/v v Mileage DUAN. DESCRIPTION Of LABOR OR MATERIAL PART NO. MATERIAL LABOR c G Fi✓�/� �6 7 /V IFP 7 /. 8 N Al /1 S d0 6d/I T v,Y,",e 77f L 3)V n/ 121 t F' 137 3 ,/✓ _T Z2 // - 3 /1/ &toMe /v 73 A a /V a . C .✓ Co�.�F,�, ,�� t��,�r�s5fy /� 37 7/ /✓ L 37 3 . '�_IPb r /�/ L 5 3"`7 9'5- - 2 N A " 37Y 2 /✓ '� '� 33 rz z i ,,�-1.Al7" e-0 //r o 3o vD a PARTS PRICES BASED ON STANDARD CATALOGUE PROCUREMENT PRICE LISTS SUBJECT TO CHANGE WITHOUT NOTICE TOTAL PROCUREMENT AND DELIVERY CHARGES MAY BE ADDED FOR SPECIAL SERVICE ON ITEMS NOT AVAILABLE LOCALLY Old ports removed from Cors will be junked unless otherwise instructed in writing TOTAL LABOR6 The above is on estimate based on our inspection and does not cover additional.pons or labor which may be required atter TOTAL MATERIAL 9 0 the work hos been opened up Occasionally after work hos started worn ports ore discovered which are not evident on firs onspectron Because of this Me above prices ore not guaranteed Estimated By Estimate TAX t/ 7Z Approved By AUTHORIZED AND ACCEPTED PAID OUT .TOW a STORAGE Dote SUBLET REPAIRS or Owner TOTAL543 79' COMPLETE BODY AND FENDER WORK FREE ESTIMATES ESTIMATE OF REPAIR COSTS / INSURANCE WORK OUR SPECIALTY �y Date �� Y Phone 71��f (� Name Os '9 r 000#1 SH 010 4;, y �� t°�� �.� � Address City <O �_LYt err— =Z QS 9 NN ALEXANDER r41 Year O.O.M. Make Model Style License No. Body No. Serial No.`—! !�v!� ; v�laimNoy� Insurance Quan, WORK TO BE DONE Labor Material 1r90,of _ gyp- I Gc 2vCl 3 4 � 5 6 jZZ - �r 7 iq �7 7 Ed ?U 8 9 � 10 L 12 13 [Fr �� �C ! 14 A iL � O - 15 < < 16 il? 17 xv 18 19 Z 20 – (� REFINISHMATERIAL RUST PREVENTION MATERIAL BLEND&MATCH GRAVEL GUARD TOTAL1 'MATERIAL PER PARTS PRICES SUBJECT TO INVOICE LABOR HRS. 32. 30 X$ —.L— HR. -s V7 3 � PARTS The above is an estimate based on our inspection and doer not 0 LIST t LESS %DISC. _$ cover any additional parts or labor which may be required after the work has been opened up. Occasionally after work has started, SALES TAX $ worn of damaged parts are discovered,which are not evident on PAINT,MATERIALS 81 NET ITEMS $ the first inspection. Because of this the above prices are not guar- anteed and are for immediate acceptance only. TOTAL REPAIR COST $ Accepted by Owner or Agent • COMPLETE BODY AND FENDER WORK FREE ESTIMATES ESTIMATE OF REPAIR COSTS / INSURANCE WORK OUR SPECIALTY Date Phone Name it, gaDY 5H OQ Address RI 1 City LYNN ALEXANDER P14 - - a Year_ D.O.M. Make Model Style License No. Body No. Serial No. Claim No. Insurance Quan, WORK TO BE DONE Labor Material 1 /J b 2 Z 3 F6 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 REFINISH MATERIAL RUST PREVENTION MATERIAL BLEND&MATCH GRAVEL GUARD MATERIAL TOTAL PER PARTS PRICES SUBJECT TO INVOICE LABOR HRS. X$ HR -$ PARTS The above is an estimate based on our inspection and does not 0 LIST$ LESS %DISC. -$ cover any additional parts or labor which may be required after the work has been opened up. Occasionally after work has started, SALES TAX $ worn or damaged parts are discovered,which are not evident on PAINT,MATERIALS&NET ITEMS $ the first inspection. Because of this the above prices are not guar. anteed and are for immediate acceptance only. TOTAL REPAIR COST $ Accepted by Owner or Agent �. CLAIM BOARD OF SUP«vISORS_OF CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY 27, 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 , Amount: $3925,70 Section 913 and 915.4. Please 27-Aftrni de CLAIMANT:CALIFORNIA STATE AUTOMOBILE ASSOCIATION F E 9 Q 7 1996 01-3D4945-2 ATTORNEY: SANIA SEILS COUNSEL Date received' ADDRESS: PO BOX 1128 BY DELIVERY. TO CLERK ON FEBRUARY 6_,_ 1996 CHICO CA 95927 BY MAIL POSTKARKED: HAND DELIVERED VIA: RISK MGMT 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. . DATED: FEBRUARY 7, 1996 IdIl Deputy�' Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.1. ( 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: "' 7 (2 BY: Deputy County Coun: 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (Y/) 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: D -A 7- 1GIZ� PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (6ov, code section 913) Subsect 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 Pry seek the advice of an attorney of your choice in connection with this utter. If you want to consult An attorney, you should do so ieaaediately. * For Additional Warning See Reverse Side Of This Notice AFFIDAVIT OF NAILING 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: D,1-D-9 —I996 BY: PHIL BATCHELOR by� Deputy Clerk CC: County Counsel County Aaministrator ^ California State Automobile Association ~�^ ~�~ Inter-Insurance Bureau CHICO (916> 891-8601 P.O.BX 1.1. FOREST ) CHICO CA 95927 ' ^ FEBRUARY 1 , 1996 CONTRA COSTA RISK MGM� INSD : NYHA�T ,KEIDl ,K 651 PI:E ST 6TH F� CL�-NO: O1-3D4945-2 MARTINEZ CA 94553 DOL : 1O-22-95 DEAR CONTRA COTA RISK MGMT: THIS IS NOTICE OF OUR SUDR OGATIOH INTEREST ARISING FROM THIS LOSS. WE HAVE ARRANGED SETTLEMENT UITH OUR INSURED. PLEASE MAKE YOUR PAYMENT DIREC7LY T[ THE CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU (CSAA-IIB) . ATTACHED ARE :' REPAIR BILL $ 3419 .37 F',1:: BJLL $ 5O6.33 TOTAL � 3925. 7O RALPH WALLER WAS DRIoING A CONSOLIDATED FIRE DIS7RICT VEHICLE. I HAVE ENCLOSFD A COPY OF THE POLICE REPORT. SORRY IT IS SUCH A BAD COPY. ` RECEIVED 7VED OTHE�: AT�ENTION: �ULIE AUMOCK SINCERELY , ' CLERK BON OF CLAIM KEPRESEN7ATIVE ` t A California State Automobile Association Inter-insurance Bureau 032 7 3®3.9 .,..... 033 L730391--1--R "DATE OF LOSS CLAIM INSURER'S NAME [� 10-22-95 01-3D4945-2 YHART, HEIDI, R DATE - 12-11 _V5 PQIrICry-�YPE I[U�F LOSS SI�FF'X� CLAIMANT'S NAME (�I NYHART, HEIDI, P. PAY 3, ,�l9; 37 D.O. ADJUSTER NO. C LAF 16791 IN PAY MENT OF: VL _ HICLL REPAIRS ThrcUgh Bank of America NT&SA 11-35 C San Francisco Commercial Banking 7210 345 C *THREE THOUSAND FOUR HUNDRED NINETEEN `37 s�jFUNMontgomeryB ' treet PAY Fr n co CA 941atoa z m TIN: 94-1710725 - rr SUN VALLEY BODY SHOP cr 11260 DIAMOND WAY � THHE_ER Y V CONCORD CA 94520 ZED SIGNATU ORDE DOV LOW m OF NOT NEGOTIAB E M.O. COPY 1+8032730397+►° 1m12810003581: 123301"9094sue California State Auto mobile.Association Inter-Insurance Bureau 032730153 O O 032 L73015:3--8—R DATE OF LOSSCLP.IM INSURED'S NAME - DATE 10--22-95 01-3D4945-2 NYHART, HEIDI, R 1 1-2t?-95 J POLICY—TYPE KIND OF LOSS SUFFIX CLAIMANT'S NAME - PAY z. AUl"0 LU 04F NYHART, HEIDI, R s 15d?- 00 0 U. D.O. ADJUSTER NO. IN PAYMENT OF: Through m LAR 30620 INVI�1)048988-10 DAYS) RENTAL Bank of America NT&SA 11-35 0 San Francisco Commercial Banking I2i 0 O 345 Montgomery Street I PAY ' 'ONE HUNDRED FIFTY 00/100* San Francisco,CA 9a104 M! m M: TIN: 36-3041733C' ENTERPRISE RENT A CAR* 11 1 ` I` PO DUX 2074 L�_C�� �'�. .. \« ! { �.� m, TOSAN 'LEANDRO CA 745/7 AUTHORIZED SIGNATURE DAWN MARTINEX THE ORDER _ OF .NOT NEGOTIABLE M.O. COPY 1180 3 2 7 30 15 3115 1; 12 1000 3 SEP: L 2 3 30,1+90948n8 ENTERPRISE INVOICE DENT'-A-CAR . =' ® D 048988 1260 LIAMOND WAY DESCRIPTION RATE AMOUNT CONCORD CA 94520-5226 26 DAYS 0 17 . 99 467 - 74 FED TAX ID#k 36-3041733 BILLING INQUIRIES CALL 510-674-1110 AAA INS-LAFAYETTE ATTN: MARTINEZ*DAWN* 3390 MT DIABLO BLVD BTO LAFAYETTE CA 94549 DATE OUT DATE IN 10/26/95 1 RENTER HOMEPHONE HEIDI NYHART 510-938-2857 ADDRESS OFFICE PHONE 109 ROBLE RD APT 103 415-951-1038 CITY STATE ZIP WALNUT CREEK CA 94596 SALES TAX% 8 . 25 38 . 59 DRIVER'S LICENSE STATE I EXPIRES A3597683 CA 3/13/99 000 HEIGHT WEIGHT SOCIAL SECURITY# 3/13/72 5 7 105 ON FILE . or s AGREEMENr.ORIGINALOOCUMENrWITHRENTER!SSIGNATUREISONFILF--RENTALAGREE-, . AUDIT RENTER X SIGNATURE ON FILE TOTAL CHARGES 506. 33 REQUEST FOR PERMISSION FOR PERSON OTHER THAN RENTER TO DRIVE. NAME NO OTHER DRIVER PERMITTED AGE LICENSE NO. STATE EXP. LESS AMOUNT RECEIVED .00 CHARGED TO OTHERS 356. 33 BILLING INFORMATION: $15. 00 PER DAY ® ® 15.0. 00 NO SALES TAX NOT TO EXCEED $ 150 . 00 TOTAL RENTAL VEHICLES CLAIM INFORMATION COLOR LICENSE NO. CLAIM»/POLICY#/P.O.# MODEL UNIT a INSURED COLOR LICENSE NO. DATE OF LOSS NEED A REPLACEMENT VEHICLE THEFT ACCIDENT BECAUSE YOUR OWN IS IN THE MODEL UNIT# TYPE CAR REPAIR SHOP SHOP? CALL YOUR NEAREST HYUNDAI SUN VALLEY FENTERPRISE OFFICE TODAY! n T :�3� 'fin 3 ON `�i ITj- n-ZN1ITT.-;I`>la.,- kiloollifflo 150 . 00 PAID BY: REMIT TO: ENTERPRISE RENT A CAR AAA INS-LAFAYETTE ATTN: ACCTS RECEIVABLE ATTN: MARTINEZ*DAWN* PO BOX 2074 3390 MT DIABLO BLVD SAN LEANDRO CA 94577 LAFAYETTE CA 94549 CUSTOMER- I RENTAL TICKET# AMOUNT GP.BR PLEASE USE REVERSE SIDE FOR COMMENTS OR SUGGESTIONS AAA2325i D048988 150. 00 2331 11/22 666 7796 1260 DIAMOND WAY CONCORD CA. 94520 (510) 686-5007 Fax# (510) 798-2161 Visual Damages Quotation #779E; by STEVE MORASH on 10-26-95 109 ROBLE # 103 Style 4DR SED insurer : CSAA-CONCORD Lic. Plate: 0 Adjuster : WALNUT CREEK, CA 94596 Faint code: Phone: 415 951 1038/510 938 2857 Prod. Date: 6/95 claimant 95 HYUNDAI ACCENT Profile AAA insured I : VIN: KMHVF14N35U155441 Deductible: 0.00 Policy #1 : C 13 4 E J Mileage: 648 claim # options: il ADF, Labor Oin Descri-otion Price Labor Paint Labor G-jfddla--Price-G I OVERHAUL FRT COVER ASSY 0.00 1.8 0.0 BODY 2 REPLACE FRT BUMPER COVER 132.35- INC 2.3 NEW 3 REPLACE R FRT BUMPER BRACKET 2.55- INC 0.0 NEW 4 REPLACE L FRT BUMPER BRACKET 2.55- INC 0.0 NEW 5 REPLACE FRT UPR CTR BUMPER BRACKET 44.39* INC 0.0 NEW 6 REPLACE FRT BUMPER IMPACT ABSORBER 139.80* INC 0.0 NEW 7 REPLACE FRT BUMPER REINFORCEMENT 238.06- INC 0.0 NEW 8 CK/ADJUST HEADLAMPS 0.00 0.4 0.0 BODY 9 REPLACE R H/LAMP ASSEMBLY 152.39* INC 0.0 NEW 10 REPLACE L H/LAMP ASSEMBLY 152.39* INC 0.0 NEW 11 REPLACE R PARK/SIGNAL/MKR LAMP ASSEMBLY 27.85* INC 0.0 NEW 12 REPLACE L PARK/SIGNAL/MKR LAMP ASSEMBLY 27.85- INC 0.0 NEW 13 REPLACE HOOD PANEL 218.96- 1.0 2.7 BODY NEW 14 REFINISH HOOD UNDERSIDE 0.00 0.0 1.3 REFINISH is REPLACE HOOD ADHESIVE EMBLEM 8.42* 0.1 0.0 BODY NEW 16 REPLACE HOOD PRIMARY LATCH 24.54- INC 0.0 NEW 17 REPLACE EVACUATE & RECHARGE AIR CONDITIONING -M 0.00 1.4 0.0 MECHANICAL is REPLACE AIR COND REFRIGERANT RECOVERY -M 0.00 0.3 0.0 MECHANICAL 19 REPLACE AIR COND CONDENSER -M 282.28* INC 0.0 NEW 20 REPLACE FRONT BODY RADIATOR SUPPORT -S 166.82* .-7.5 0.0 BODY NEW 21 REFINISH RADIATOR SUPPORT COMPLETE 0.00 0.0 1.5 REFINISH 22 ALIGN FRONT SUSPENSION -M. 0.00 ;,r (3.0 MECHANICAL 23 CK/ADJUST SET FRAME BENCH & MEASURE 0.00 ;.es.1. 0.0 BODY EXISTING 24 ADL LABOR PULL FRT UNIBODY 0.00 3.0* 0.0 BODY 25 ADL LABOR TINT AND BLEND 0.00 0.0 26 AOL LABOR TEAR DOWN FOR BLEND PANEL 0.00 1.2* 0.0 BODY 27 ADL LABOR COVER CAR FOR OVEPSPRAY 5.00- 0.1- 0.0 BODY NEW 28 ADL LABOR FLEX ADDITIVE 5.00* 0.0 0.0 NEW 29 ADL OPER CLEAR COAT 0.00 -141S, 0.0 REFINISH 30 ADL COST FREON & OIL 35.00* 0.0 0.0 Judgement Item ESTIMATE RECALL NUMBER: 10-26-95 08:59:06 �F�AiMate Plus is a trademark of Mitchell International Copyright 1991-1995 All Rights Reserved $7796 95 HYMMAI ACCENT NYHART Page 2 sum:rtary � , BODY ,'� ( J&-6@ 53.00 4kq9•r60 ,;.A 3.? FREON S OIL 35.00T NEW 1631.20T REFINISH.�,r16r3@ 53.00 *46.40 /•(r.',/�y,� PAINT MATERIALS 226•r6eT MECHANICAL�3--O@ 53.00 1-59.•99 /Y•', !�� Non-Taxed Labor 1584-x76- Taxed Costs 21-.1-.60 f`%.7 Taxed Parts 1631.20 ✓ Tx 8.250% 24.58 i > Tx 8.2508 134.57 i 4, Labor ( P9-.•9 hrs) x_'-70 Add'1 Costs/Materials -263-60 1 !U A,4 Parts 1631.20 Y Tax tr�5�}5 •ti Grand Total 6 -- .Lff- ESTIMATE RECALL NUMBER: 10-26-95 08:59:06 EstiMate Plus is a trademark of Mitchell International Copyright 1991-1995 All Rights Reserved PANT MATERIAL WORKSHEET COLOR CODE u, (,J PAGE r COST CHART PAGE CLEAR COAT Y& TYPE OF PANT ENAMELJURET ARS PANT TIME CALCULATIONS SPOTBLEND (NC. CLEAR COAT) FULL PAINT Papel Hours Panel Exterior Interior Overlap D 2 4. c 5. 1 5, TOTAL /c L% TOTAL LESS OVERLAP COLOR HOURS REMINDER COSTS -� 1. Consider Spot Paint Refinish Hours /. % Cost S 2. ';v-I en Spot Painting one SPOTBLEND panel materials are calculated HOURS— �— from the full panel rate chart. METAL WORK HOURS 3. When calculating two tone SMC(Fiberg lass) materials, DO NOT add the WORK HOURS total paint time to figure the materials FLEX PANEL WORK HOURS TOTAL MATERLAL COSTS , CLEAR COAT CAL=AEONS 1. BUMPER X .2 ORA= 2. FIRST PANEL X .4= INTERIORS X .') = REIVLkI1,TING X.') _ TOTALS 1: TOTALS 2 .51 1AX) TOTAL TWO TONE - F"=IOR PANELS _ T'rc'REE STAGE rTNC CLF a R COAT FIRST P.-s"\4 X .5 = FIRST PANEL X .7= RE'tiL-UrNTiG X .3 = REtiLAIYING X .'._ TOTAL TOTAL C '14 SUN VALLEY BODY SHOP SUI 55441 1 3 0 913 1 1260 Diamond Way 7 P.O. BOX 27968 NYHART INVOICE CONCORD, CALIFORNIA 94527-0968 HE I D I ? BAF M AB 005112 EPA#CAD 982516742 • 109 ROBLE # 103 r ' ''� .; _����;af�.;-.-,. PHONE WALNUT CREEK CA 94596 v`';('_I`"' -=WAGE 1 (510) 686-5007 HOME: 415-951-1038 BUS: 938�� -7 SERVICE ADVISOR: 6214 STEVE AAA MYEAR AKE/MDELMOVAG:;.;; RED 95 HYUNDAI ACCENT KMHVF14N3SU15441 0 648 648 B823 DEL DATE PROD ;DATE WARR EXp. ES.TIMATE:TO COMPLETION PO;;NO PAYMENT:::: lNU DATE 01JUN95 01JUN95 101JUN95 117 :00 04NOV95 C 125NOV95 R 0.`:OPENED; READY:.:; OPTIONS: DLR:SVF 08: 54 260CT95 12: 24 25NOV95 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A REPAIR AS PER CSAA ESTIMATE RB BODY REPAIRS COMPLETED. 403 CB 433 CB 1109 . 16 1109. 16 **************************************************** B REFINISH AS PER CSAA ESTIMATE RP PAINT REPAIRS COMPLETED. 402 CP 517 CP 437 CP 424 CP 545 . 90 545.90 **************************************************** C** GENUINE VOLKSWAGEN PARTS. RB BODY REPAIRS COMPLETED. 99 CVW 0. 00 0.00 D** GENUINE PARTS RB BODY REPAIRS COMPLETED. y-= 99 CH = 0. 00 0. 00 1 86510-22000 COVER ASSY 132.35 132. 35 132.35 1 97606-22050 A/C CONDENSE �� �►«* 282.28 282. 28 282.28 2 86535-22000 BRACKET`-FR . C� 2.55 2. 55 5. 10 1 86532-22000 RAIL=FR BU 44.39 44. 39 44. 39 ABSORBER-F 139.80 139 . 80 139 .80 1 921010-22050-22050 HEADLAMP A �Q 7 j99 152:39 152. 39 152.39 1 92102-22050"" kkbEAMPA 152.'39 152. 39 152.39 1 92305-22050 LAMP. ASSY- 27:85 27.85 27 .85 1 92306-22050 LAMP ASSY 27.85 27.85 27.85 1 66400-22020 PANEL ASSY 218.96 218. 96 218.96 1 86341-22200 EMBLEM-SYM 8.42 8. 42 8.42 1 81130-22001 LATCH ASSY 24.54 24. 54 24.54 1 64100-22301 PANEL COMP 166.82 166. 82 166.82 ADDITIONAL AMOUNT FOR DATE TIME BY PHONE #/PERSON `:DESCRIPTION :>;:7,OTALS 1. $ LABOR AMOUNT 2. $ PARTS AMOUNT 3 $ OIL/LUBRICANTS SUBLET AMOUNT NOTICE TO CONSUMER: I acknowledge notice and oral approval of any additional customer or warranty work performed and/or increase in the original estimate price. I also acknowledge and approve all repairs as itemized MISC. CHARGES and/or receipt of vehicle. I also acknowledge receipt of additional Consumer and Warranty Information TOTAL CHARGES contained on the reverse side. TOTAL ORIGINAL AMOUNT SALES TAX ESTIMATE $ APPROVED $ PLEASE PAY Customer Signature THIS AMOUNT DEALER COPY SUN VALLEY BODY SHOP -SUI 55441 1 3 0 9 3 1 1260 Diamond Way X 27968 'NYHART INVOICE CONCORD,P CALIFORNIA O94527-0968 HEIDI BAR»AB 005112 EPA K CAD 982516742 109 ROBLE # 103 PHONE WALNUT CREEK CA 94596 PAGE 2 (510) 686-5007 HOME: 415-951-1038 BUS: 938-2857 SERVICE ADVISOR: 6214 STEVE AAA COLOR YEAR MAKE/MODEL VtN:: LICENSE MILEAGE : TACz. RED 95 HYUNDAI ACCENT KMHVF14N3SU15441 0 648/648 rB823 DEL DATE PROD ;DATE WARR..EXP. ESTIMATE TO COMPLETION PONO PAYMENT;:: IN\/ DATE 01JUN95 01JUN95 j01JUN95 17:00 04NOV95 C 25NOV 95 R 0 ;.:OPENED READY`;: OPTIONS: DLR:SVF 08 :54 260CT95 12:24 25NOV95 LINE OPCODE TECH TYPE HOURS LIST NET TOTAL 1 86530-22050 RAIL ASSY— 238.06 238. 06 238.06 MISC PAINT AND MATERIALS CBM "' 171 . 60 171 .60 MISC FREON & OIL CBM P{' ^W 35. 00 35 . 00 C ADDITIONAL AMOUNT FOR DATE TIME 'BY PHONE#/PERSON DESCRIPTION ::TOTALSi 1. S LABOR AMOUNT 1655 . 06 2. $ PARTS AMOUNT 1 621 . 20 3. $ OIL/LUBRICANTS 0. 00 NOTICE TO CONSUMER: I acknowledge notice and oral approval of any additional customer or warranty work SUBLET AMOUNT 0.00 performed and/or increase in the original estimate price. I also acknowledge and approve all repairs as itemized MISC. CHARGES 206.60 and/or receipt of vehicle. I also acknowledge receipt of additional Consumer and Warranty Information TOTAL CHARGES 3482.86 contained on the reverse side. TOTAL O 00 ORIGINAL AMOUNT SALES TAX 1 50.79 ESTIMATE $ APPROVED $ PLEASE PAY Customer Signature THIS AMOUNT 3633. . DEALER COPY _„ . :W ,.,.-:,1 t—t-,Ufl:C ;RA LC FAYETTE X10-284-c i 39 T0:916 C 1 n ^1`f^-14--�.`"t` 04-- 1 -VI rmuri Iju �.,,�,,, . ��. E9 1 0 PAGE:02 Tweurwwr► ! � R O f to lJlt .f ' -or w oaw.r� iree,.a.�rwcrwuffw I? r rr atw taunt rrao1 �• } w T W T FAS u 9 ,may . 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'1m 7 v NO oM�fRJPWv AV Elm ;i�'n M#plWMdllpl� �ILTY�RoROM�IpIMPaiTrlYll'sD ff-w, iA�YYiitiD ' w �.a�rat�.c�.Aett�rr AdRc * aNrKhb� #M?#iE �iR1MRY1dt M 1 3 3 1.iKT 1r�rraen wr ec mrf wi i{wt.� tstt��rw�R R�!@f! ,tf r���� j Fi11�i 1rOMila' rAOiBNeE11 oMi'Yr i"�e>• i�o�RUQ 4iM101A' �► ##QSEirft til• f10k�MlaIEJTTM�C+z T om 4R1RA iNRAt AiiYS>'i• 1 nfJe.l�IUC"IC r �i�ti lPiT UNPINRWM` �'ilA-Cil ) tit T1iYt:It q-09" ,- GAAP 4 rrw+n CMOA JXM CJ,opPT -- - CC116Z ALS t iT+Ai^r iQ ,'MW�AM! wrr�l!!a pY�R Ili# tCGiTfquuw !lfiillt*' �'� !�liryli f6i T 13 i1F:NFdi est NiiwoMwrY ' Z � � ATAO•¢ i1iR14 T�atN�� OiAAIt~bTJiEET bwAwy no rr*++A�t � tam.f1ftEET 114�1�lIQX ^iW1U� fltiiGr•/41RIrw~ re tICJtCMIf Y , 4 j tiiant�cluiie# #�Y � r �YIJ 1i1�1-TrJa1C� tliR : ~ Npaowwr UrnctillClR+q ! ► a as t IgiiiK�Tt¢f t7tiiii T t NOW w wt�l. P T• C�P1� �INA7f tSNgtlt4lY ' M+lR11f1 s 71lfEPYlFrfl Caar Rowvww - T.wpa�rAMll�llOsiiRM.i•IIOrt W1�9t#iMG71Ggl•Rr�MwxC ata ►giN4g4rI;i. 11>�f100Vii ci cacw MOADWAT WWW" bolls a"T�7i M�aaaa4 (ti1MRR'� WOW^ •z_ 1� .x MI[lllf/�M f � � I t� t V=t Ar s NOV 14 ■ r r t ti y :�tfi. :y I ROM:CSAA LAFAYETTE 518-284-5-39 TO:916 . 4c o691 9 8 PAGE:05 fACTJAR DIAGRAM OAr W eei IMaN MIM♦Cw OPPIQ• NUM\Fe 6 Iz- ww. TJX /d 4" 4.F�' .6 ►�+1V �e a.Jlr7 {7 r� V 1 RLL PAEASUWIEYARMYS A419 41FPMOXIMATC ANO 140T Tu SF A4..If tlMs-kN iY'•TEQ[S'�AEE { ` Iq�Mllt� i6Af1+ I ,l i - �rJ1Mw 1'�' 4 [ t iw Pim (mew vw p*r) af,mv" a wmo ria -&#&7 Gs~i ffe- "4 N,k t d rd I' 11,48 ra"w nva Ivo, -mm"J mt& 6"10 l 3` as �vx 1►1 � d a+,�+►.r �.a.q,,.s• .Jr .".o V' �.rx�► 4off4�o," Ac e.+A t k! [ l/7d�at/ac f!4�0I I� j✓ r� GKiT ' rJv ]�. ten. , .var, .tivt , c.A of Al I i go�Me.� LAS nIJ 11 eew Mn. a.. �� •[vlrws�'4��rr wR.. w�* ♦w. 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P-00 NOV 14 in TOTAL P.08 S� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY 27, 1996 i Claim Against the County, or District governed by) BOARD ACTION yi the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: UNKNOWN Section 913 and 915.4. Pleas"mia��'��y� CLAIMANT: CITY OF WALNUT CREEK JJyy ��J FEB 0 1 1996 ATTORNEY: AMARA L KOSS Date received COUNTY COUNSEL ADDRESS: PO BOX 8039 BY DELIVERY TO CLERK ON FEBRUARY 1. 1996 WALNUT CREEK CA 94596 BY MAIL POSTMARKED: HAND DELIVERED VIA: RISK MGMT 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp gg DATED: FFRRTiARY 1 r 1 AQh BIL Deputy OR, Clerk 11. FROM/: County Counsel TO: Clerk of the Board of Supervisors W) 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 L 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: 02-vim- L-0 BY: Deputy County Counsi 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 (✓) 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: 0-1 - 2 7-J 99(_PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice AFFIDAVIT OF MAILING 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: O-R-9,9 r(99 (o BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator 4 i THOMAS HAAS, City Attorney (State Bar#045279) PAUL VALLE-RIESTRA, Assistant City Attorney (State Bar#119321) 2 AMARA L. KOSS, Assistant City Attorney (State Bar# 142584) City of Walnut Creek 3 P.O. Box 8039, 1666 North Main Street ---- Walnut Creek, CA 94596 RECEIVED 4 (510) 943-5813 7-- 5 Attorneys for Claimant City of Walnut Creek ��'='�06 6 CLERK BOARD OF SUPERVISORS 7 CLAIM PRESENTED TO CONTRA COSTA COUNTY CONTRA COSTA CO. 8 TO: CONTRA COSTA COUNTY 9 The City of Walnut Creek hereby makes this claim against the County of Contra Costa for to equitable indemnification, apportionment of fault and declaratory relief and makes the following 11 statements in support of the claim: 12 1. Claimant City of Walnut Creek's address is as follows: Walnut Creek City Hall, 13 1666 North Main Street, P.O. Box 8039, Walnut Creek, California 94528. The phone number 14 for the claimant is (510) 943-5813. 15 2. Notices concerning the claim should be sent to the address identified above, and 16 directed to the attention of Amara L. Koss, Assistant City Attorney. 17 3. The date and place of the occurrence giving rise to this claim are on or about 18 November 28, 1995 when the City of Walnut Creek was served with the attached Summons and 19 Complaint for personal injuries by plaintiff Nicholas Davidson, Contra Costa County Superior 20 Court No. C 95-04109. 21 4. The circumstances giving rise to this claim are as follows: Plaintiff contends he 22 was injured when he rode his bicycle into an unguarded construction site in the center of Ward 23 Street, near its intersection with Solveig Street at approximately 2:00 p.m. on August 3, 1994. 24 Such streets are both within the jurisdictional boundaries of Contra Costa County. Claimant is 25 informed and believes, and based upon that information and belief contends, that County was 26 performing work in the street in the immediate vicinity of the location of plaintiffs alleged 27 accident on or about the date of the alleged accident. Despite this, plaintiff has failed to name 28 County as a defendant. Claimant makes this claim for equitable indemnity, declaratory relief and Page 1 1 apportionment of fault based upon claimant's belief that County is the party responsible for 2 plaintiffs alleged injuries. 3 5. Claimant cannot accurately estimate the amount of its damages but plaintiffs claim 4 filed with the City of Walnut Creek on February 2, 1995, claims over $100,000 in damages. 5 Based upon this information, the claim as of the date of this claim is in an amount that would 6 place it within the jurisdiction of the superior court. 7 6. The names of the public employees causing Claimant's damages are unknown at 8 this time but the responsible individuals will be named once their identities are ascertained. 9 Dated: January 26, 1996 10 L. KOSrS Assistant City Attorney 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 (CI TALION JUDICIAL)l FOR cotuvr USE ONLY VOTICE TO DEFENDANT: (Aviso a Acusado) 0010 iw,u use of u court CITY OP WALNUT CREEK, AND DOES 1 THROUGH 25, INCLUSIVE, YOU ARE BEING SUED BY PLAINTIFF: !A Ud. le est! demandando) y " NICK DAVIDSON, A MINOR, BY AND THROUGH MICHAEL W. DAVIDSON, ESQ. , HIS GUARDIAN AD LITEM, You have 30 CALENDAR DAYS after this sum- Despues de que le entreguen esta dtaddn judicial usted mons is served on you to file a typewritten re- bene un plain de 30 DIAS CALENDARIOS para pnxentar sponse at this court, una respuesta escrita a maquina en,esta torte. A letter or phone call will not protect you:your ' Una carta o una llamada tdef6nica no le ofrecera typewritten response must be in proper legal protecd6n; su respuesta escrita a maquina tiene que foam If you want the court to hear your case. cumplir con las formalidades legates apropiadas si usted If you do not file your response on time,you may quiere que 1a torte escuche su Lasa lose the case, and your wages,money and pro- Si usted no presenta su respuesta a tiernpo,puede perder perty may be taken without further warning from el caro,y le pueden quitar su salado,su dinero y otras cocas the court. de su propredad sin aviso adicional por:parte de la corte. There are other legal requirements. You may Exhten olros requisitos legales. Puede que usted quiera want to call an attorney right away.if you do not 11amar a un abogado inmediatamente Si no conoce a un know an attorney,you may call an attorney refer- abogadq, puede 11amar a un servido de referencia de ral service or a legal aid office(listed in the phone abogados o a una oficina de ayuda legal(vea el dire.-torto book). telefdnico). CASE NUMSE& (N6nKw dd Caw The name and address of the court is: (El nombre y direcci6n de la cone es) CONTRA COSTA COUNTY SUPERIOR COURT l� 1020 WARD STREET MARTINEZ, CA 94553 (510) 646-1542 , - The 46-1542 .The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y e/numero de teldfono del abogado del demandante, o del demandante que no bene abogado. es) ROB R. MACKEY, ESQ. (SBN 99887) ATTORNEY AT LAW P.O. BOX 1063 SAN RAMON, CA 94583 ('510) 275-3037 DATE: SEP 1 9 ]995 Clerk, by_____ _ Deputy (Fecha) STEPHEN L. WEIR 64aWdO) ` (Delegado) (SEAL] NOTICE TO THE PERSON SERVED: You are served 1. Q as an individual defendant. 2. = as the person sued under the fictitious name of (specify): 3. 0 on behalf of (specify): The City of Walnut Creek under. Q CCP 416.10 (corporation) Q CCP 416.60 (mircr) Q CCP 416.20 (defunct corporation) Q CCP 416.70 (conservatee) Q CCP 416.40 (association or partnership) Q CCP 416.90 (individual) Fx l other. CCP 416 . 50(a) [public entity] 4. Q by personal delivery on (date): Form Adopted by Rule 982 fSnw ravwrew fnr Prnnf of Servicel ATTORNEY OR PARTY WITHOUT ATTORNEY(NAME AND ADDRESS): TELEPHONE: FOR COURT USE ONLY RO'B' R. MACKEY, ESQ. (510)275-3037 Attorney at Law SBN 99887 P.-O. Box 1063 San Ramon, CA 94583 ATTORNEY FOR(NAME): Plaintiff NICK DAVIDSON F I LIED Insert name of court,judicial district or branch court,if any,and post office and street address: CONTRA COSTA COUNTY SUPERIOR COURT _jw/ QUI S SEP 1020 Ward Street i 9 1995 Martinez , CA 94553 ��'R.-� (510) b46-1542 STEPHEN L.WEIR,COUNTY CLERK Apt )y By OTRA COSTA COUNTY DEPUTY /9'��S' PLAINTIFF: NICK DAVIDSON, A MINOR, BY AND THROUGH MICHAEL W. DAVIDSON, ESQ. , HIS GUARDIAN AD LITEM DEFENDANT: CITY OF WALNUT CREEK, AND ®DOES 1 TO 25 , inclusive. CASE NUMBER: COMPLAINT—Personal Injury, Property Damage, Wrongful Death [-]MOTOR VEHICLE ]OTHER(specify): Bicycle QProperty Damage F-1 Wrongful Death ®Personal Injury C3 Other Damages(specify): five 1. This pleading, including attachments and exhibits,consists of the following number of pages: 2. a. Each plaintiff named above is a competent adult K] Except plaintiff(name): NICK DAVIDSON =a corporation qualified to do business in California []an unincorporated entity(describe): a public entity(describe): ®a minor =an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): 0 other(specify): []Except plaintiff(name): C]a corporation qualified to do business in California Q an unincorporated entity(describe): C]a public entity(describe): Da minor 0 an adult F-1 for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): other(specify): b. [D Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. C. [] Information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Continued) Form Approved by the Judicial Council of California Effective January 1, 1982 COMPLAINT—Personal Injury, Property Damage, ,,, `SHORT TITLE: CASE NUMBER.: DAVIDSON vs . CITY OF WALNUT CREEK COMPLAINT—Personal Injury, Property Damage,Wrongful Death Page two 3. a. Each defendant named above is a natural person ® Except defendant(name): Q Except defendant(name): City of Walnut Creek 0 a business organization, form unknown Q a business organization, form Unknown Q a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): ® a public entity(describe): A city Q a public entity(describe): incorporated in Contra Costa County Q other(specify): Q other(specify): Q Except defendant(name): []Except defendant(name): Q a business organization, form unknown Q a business organization,form unknown Q a corporation M corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. ® Plaintiff is required to comply with a claims statute, and a. ®plaintiff has complied with applicable claims statutes, or b. Q plaintiff is excused from complying because(specify): 5. This court is the proper court because Q at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. ® injury to person or damage to personal property occurred in its jurisdictional area. ® other(specify): The defendant CITY OF WALNUT CREEK is located in its jurisdictional area . 6. ® The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): Prem. L-1 through PREM. L-5 ; GN-1 (Continued) Page two 3 SHORT TITLE: CASE NUMBER: DAVIDSON vs . CITY .OF WALNUT CREEK COMPLAINT—Personal Injury, Property Damage, Wrongful Death(Continued) Page three 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are Q listed in Complaint—Attachment 7 []as follows: 8. Plaintiff has suffered 0 wage loss Q loss of use of property ®hospital and medical expenses ®general damage ®property damage Q loss of earning capacity ®other damage(specify): future medical expenses for removal of orthopedic plate 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit;for such relief as is fair,just,and equitable;and for - ®compensatory damages ®(Superior Court)according to proof. 0(Municipal and Justice Court)in the amount of$ Q other(specify): 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) Q Motor Vehicle ®General Negligence Q Intentional Tort Q Products Liability ®Premises Liability Q Other(specify): ROB R. MACKEY, ESQ. (Type or print name) ' (Signature of plaintiff or attorney) COMPLAINT—Personal Injury, Property Damage, Page three Rule 982.1(1)(cont'd) Wrongful Death(Continued) CCP 425.12 SHORT TITLE: CASE NUMBER: r DAVIDSON vs . CITY OF WALNUT CREEK FIRST 4 CAUSE OF ACTIO!—Premises Liability Page (number) ATTACHMENT TO =X Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): NICK DAVIDSON , by and through his Guardian ad Litem, alleges the acts of defendants were the legal(proximate)cause of damages to plaintiffMICHAEL W. DAVIDSO On (date): August 3 , 1994 plaintiff was injured on the following premises in the following fashion(description of premises and circumstances of injury): Plaintiff NICK DAVIDSON, a minor , was lawfully riding a bicycle on Ward Street , near its intersection Solveig Street, in the County of Contra Costa . Plaintiff fell off of his bicycle when he rode into an unmarked and unguarded excavation site in the roadway, created by defendant CITY OF WALNUT CREEK and/ot it ' s sub-contractors , whose identities are not known to plaintiff . Plaintiff sustained fractures of both bones of the left forearm, requiring surgical reduction with plate fixation. Prem.L-2. ®Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): CITY OF WALNUT CREEK and ®Does 1 to 5 Prem.L-3. Q Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does to Plaintiff, a recreational user, was =an invited guest =a paying guest. Prem.L-4. Q Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Q Does to a. [] The defendant public entity had =actual =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. Q] The condition was created by employees of the defendant public entity. Prem.L-5. a. F-M Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): ®Does__I _to 25 b. = The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are Q described in attachment Prem.L-5.b ®as follows(names): as set forth in Prem. L-1 , above . Form Approved by the Judicial Council of California Effective January 1.1962 i.A,,nr e%r A hTI^A1 n__ r_. t t a,trtr„ r,r.o e7S t9 _ e..•021 SNORT TITLE: ,CASE NUMBER. DAVIDSON vs . CITY OF WALNUT CREEK SECOND CAUSE OF ACTION--General Negligence Page_5 • ' (number) ATTACHMENT TO ®Complaint QCross-Complaint (Use a separate cause of action form for each cause of action.) GN-t. Plaintiff(name): NICK DAVIDSON, by and through his Guardian ad Litem, MICHAEL W. DAVIDSON, ESQ. , alleges that defendant(name): CITY OF WALNUT.CREEK and P'c]Does 1 to 25 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): August 3 , 1994 at(place): Ward Street , near its intersection with Solveig Street in the County of Contra Costa (description of reasons for liability): Defendant and it ' s agents , employees and/or subcontractors created a dangerous condition during construction of the South Broadway Extension, Phase III , under contract No. 91-12 . The condition was an unguarded and unmarked excavation site in the public roadway that plaintiff rode into while lawfully riding his bicycle , resulting in the injuries and damages complained of herein. Form Approved by the Judicial Council of California EffectiveJanuary 982�3)1982 CAUSE OF ACTION—General Negligence CCP 425 12 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA COURT USE ONLY 725 COURT ST. MARTINEZ CALIFORNIA 94553 (510)646-2356 FILED T T PLAINTIFF: _ j� j L �i - SEP ) 9 1995 STEPHEN L WEIR.COUNTY CLERK DEFENDANT: CONTRA COSTA COUNTY / 8Y Y.MARIETTE DEPUTY NOTICE OF FIRST STATUS CONFERENCE CASE NUMBER: 5 169- 1 .. Notice is .given that .the First Status Conference has been scheduled as follows DEPARTMENT: Ll TIME: THIS FORM, A COPY OF THE NOTICE TO PLAINTIFFS, ..THE ADR ..INFOR1ATION SHEET, A BLANK ,STATUS :CONFERENCE -QUESTIONNAIRE -"AND A,BLANK ADR STIPULATION FORM ARE TO BE SERVED ..`ON :OPPOSING :.PARTIES. .,.ALLPARTIES ,SERVED ,,WITH SUMMONS AND COMPLAINT/CROSS.--COMPLAINT OR THEIR ATTORNEY OF RECORD MUST APPEAR. 2. You may stipulate .to an earlier status conference ..If all parties agree to an early status conference, please contact the court administrator's office. at 646-2356 for assignment of ari earlier date' . 3. .. You must be .-familiar with the _case and be fully .prepared to participate effectively in the-`�itatus conference and to discuss the suitability of this .case .for the EASE Program, private mediation, binding or non-binding arbitration, and/or use of a Special Master. 4. At -any. status conference the court may make pretrial orders, including the following: a. an order establishing a discovery schedule; b. an order referring the case to arbitration; c. an'order transferring the case to the municipal or justice court; d. an order dismissing fictitious defendants; e. an order scheduling exchange of expert witness information; f. an order setting subsequent conferences and the trial date; g. an order consolidating cases; h. an order severing trial of cross-complaints or bifurcating trial of issues; i. an order -determining when demurrers, motions to strike and other motions will be filed. SANCTIONS If you do not file the Status Conference Questionnaire or .attend the status conference or participate effectively in the conference, the court may impose sanctions (including dismissal of the case and payment of money) . STEVEN L. WEIR, County Clerk, County of Contra Costa I declare under penalty of perjury that I am not a party to this actio�j, am at least 18 years of age, and that I personally delivered or mailed a copy -ofthis NoF'e f yYstfSatus` Conference with the conference date and hearing time inserted to a person representing the plaintiff/cross-complainant.Dated: / //�/ .Deputy CLAIM 6 BOARD OF SUPEFy,50RS OF CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY 27, 1996 d 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 ursuant to G,yo�vveerrnment Code Amount: UNKNOWN Section 913 and 915.4. P1kjwwam CLAIMANT: PATRICIA KUNICH FEB 0 8 1996 ATi ORNE Y: COUNTY COUNSEL Date received MAR17NEZCAUF. ADDRESS: 460 WOODMONT PLACE BY DELIVERY TO CLERK ON FEBRITARY 7 1996 OAKLEY CA 94561 BY MAIL POSTKARKED: FEBRUARY 6� 1996 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp ' DATED:_ FEBRUARY 8_ 1996 6dIl BATCHELOR, Clerk r 11. FROM: County Counsel TO: Clerk of the Board of Supervisors �V) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to complY substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: -"` - 4 62 BY: Deputy County Coun: III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (J//) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 0aR- &1 7 - /7 9 6 PHIL BATCHELOR, Clerk, 9 h1 4 Deputy Clerk MARNING (Gov. code section 913) "Joct to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the myil to file a court action 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 want to consult an attorney, you should do so immediately. f For Additional Warning See Reverse Side Of T7iis Notice AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned. have been A citizen of the united States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Gated: 02—ad - 199(., 8Y: PHIL BATCHELOR b eputy Clerk CC: County Counsel County Administrator e2� .Glair -o: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT . A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on .or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this Forte. RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa ) FEB - 7 "AFT or ) Jut% District) CLER CO "RRS A CO�SORS . Fill in n.� ) The Undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 2nd in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) U Valu 1 Le S UO DER, 50PE,?-V(S10� OF Cr YA)TY WOE/!UG- O�tJ LfiUR�L J GlJtl _73AW 06— O,U 00k, FF�CE s s leb-97-S. ,09T m k-1 Tctt � r,Ul,uDoi�, l��R,2�0 �3 u� mil PE�vcC60 ko '�E T86 Cowry _1ca-TS 0V 7b` ooL5 BFf11 L) 'THE 750AR,6 4. What particular act or omission on the part of county or district officers, se.^vants or employees caused the injury or damage? 5. wnat are the names of county or district officers, servants or employee s'dausirig the da:-age or injury? ry? 5. What damage or injuries do you claim resulted? (Give Hill extent of injuries or damages claimed. Attach two estimates for auto damage. IO'T fl-L rEOCZ bPrm A&E-8 - s cE 4TrP&+rBZ ESTI/n iVE 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Z ESTIMATES $. Names and addresses of witnesses, doctors and hospitals. �'I- I}T KU 1) 1 C I-t H(fl0 UJ00bvv\ONT PL, 0(4KLr-_4 ) CI4 , 4Hs(a I 9. List the expenditures you made on account of this accident or injury: DATE ITEM. AMOUNT Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or tq some person on his behalf." Name and Address of Attorney Claimant's Signature D et y} I2-r1ar- Telephone No. Telephone No. 65/ Z5 —17 7 S NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or -by both such imrriso.-uaent and fine. ��ro�o�ar Proposal No. K G CONSTRUCTION 1540 tluall Valley Circle Sheet No. Oakley, CA 94561 Lic.#626982 > (510)625-4738 pate — / roposal Submitted.To Work To Be Performed At Name Street Street City State city State Zip Date of Plans Telephone Number Architect We hereby propose to furnish the materials and perform the labor necessary for the completion of Y 5/ 7V,�- Estimate Total Signature Note -This proposal may be withdrawn by us if not accepted within days. . r Page No. of C.0?f Pages DECKS BY DESIGN All Wood Construction & Landscaping Q� P.O. BOX 3563 • ANTIOCH, CA 94531 (510) 778-9410 License No. 681371-C27 PROPOSAL SUBMITTED TO PHgNE DATE (01l`, VVhLCL-1- STREET i JOB NAME q (00 L–, 0 .18�– V CITY, STATE AND ZIP CODE JOB LOCATION 0.., C A— ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: , ......... ............. �•.fx __ .o . . a�)............. ........................................................ .................... _ ........................._..................... ........... ..........._............ ................_........................................ .. ............ . ............ . p � 1i1.2w... U .c2 ..... .. . 6......... �0.�._- G0. ..... ....... . ^^� ...... . .. ........ ham..... oslr9 �...trht�S....f... 19A.:.�.5 �..._k�ckyaM t� .V^c� iK skt.�c�' ._. PT S6 ........................... _........ _ ............_................. ..................................._ _ .___.. . ................ ___............. . ............ _.....__ _ ...._.. ............................. _...... __...................._........... ......... _ . . __. ......................... .__ .......... ... ...._ . ...... ..... ............... _ . _............ ........ ............... ............ ....... Hip proposP hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: o� dollars ($ Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifica- Authorized tions involving extra costs will be executed only upon written orders, and will become an Signature extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note:This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. AraptanrP of f rop sid—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified.Payment will be made as outlined above. Date of Acceptance: Signature r r ..y 7 CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,_CALIFORNIAFEBRUARY 27, 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 to Government Code Amount: $10,451.73 Section 913 and 915.4. Please note all "Warnings% CLAIMANT: JEFF SAROUHAN 1�rIV A71ORNEY: 41 A�) 19a5 MARIPOSA ST C;OUN4TY OOUNSEL Date received ADDRESS: 3553 N FRESNO MA 93726 MARTINEZ CALIF. BY DELIVERY TO CLERK ON JANUARY 31, 1996 BY MAIL POSTMARKED: VIA: COUNTY COUNSEL 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p BATCHELOR,DATED: JANUARY 31, 1996 BUIL Clerk eputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (,01r 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: i Dated: 3/ _9 BY: Deputy County Counsi I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 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-a7 — ►9qL, 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 GOve"Wnt 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 ismtdiately. * 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 16; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: n,? —,),_R —19'9 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim *.o: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • �'$ INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and Which accrue on or before December 31, 1987, . must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue an or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. ' Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by- the Board of Supervisors, rather than the County, the name of the District should be filled in. IA' t:._ 1„t.. ILS •+• �izra w. ....{.1 n F.. `eM�t nl a`:�� wfet . —� LS against m,,.a t. -ne pubi_., er:,,ipj ..S...._.P 5e filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this Tom—. RE: Claim By ) Reserved for Clerk's filing stamp RECENED Against the County of Contra Costa ) -JAN 3 119%or vii: z CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named.Distriet in the sum of 415/ i and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) /:;el.3-e 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) ` Ci•at$ • 5. . Uhat are the names of county or district officers, servants or employees causing the damage or injury? S. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 40-7�� 8. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident, or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person orwhis behalf." Name and Address of Attorney iImant's Signature •3S TO Al 4f77 Aw e- Address Telephone No. I Telephone No. Zo% Wiz—'5ind3 • �ta � * � • � afa * � * � s � � 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 ($10000), ,or by both such- imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. 24 HOUR EMERGENCY SERVICE mn:1 cc nesc LOW DELIVERY RATES EGIUIPMENT SERVICES ib-/7 y� 9-zz ,,mss ,o -Z,,9 /o /5l-Z3 `o IF-27 AD 4/ /d=� 8 iz 11 -3 9 - 3EZ RICHMOND (510) 228-9811 (510) 233-5677 a r 24 HOUR EMERGENCY SERVICE i<C: R:esc LOW DELIVERY RATES EQUIPMENT SERVICES / 11- 6 /a ,s4s ��'-171 /o 11- 7 /a AQ A9 /r - 17 /a 30 A9 -5 / 7 Jo 1�Ayi = t z9 MARTINEZ RICHMOND (510) 228-9811 (51 a) 233-5677 V g. CLAIM 1 BOARD Of SUpEpvISORS OF CONTRA COSTA COUNTY, CALIFORNIA - FEBRUARY 27, 1996, j I Claim Against the County, or District governed by) 80AR0 ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: UNKNOWN Section 913 and 915.4. Please Ift3rola CLAIMANT: TARRY AND SHARON STAMBAUGH FEB 0 6 1996 ATTORNEY: COUNTY QOUNSEL Date received MARTINEZ CALIF. ADDRESS: 176 BROWN DRIVE BY DELIVERY TO CLERK ON FEBRUARY 2, 1996 PACHECO CA 94553 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: FEBRUARY 6, 1996 IVIL Deputy D' Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (�This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying Claimant. The Board cannot act for 15 days (Section 910.8). ( Claim is not timely filed. The Clerk should return claim On ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: L_� "Lf—Q l.Q BY: Deputy County Couns 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAR/D 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&- A7-I g9lo PHIL BATCHELOR, Clerk, By 07 - , 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 nil to file a court action on this claim. See Goverment 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 irmedistely. • 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 10; 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 OFFICE OF COUNTY COUNSEL DEPUTIES: PHILLIP S. ALTHOFF CONTRA COSTA COUNTY I; SHARON L. ANDERSON BRANDON D. BAUM COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY VICKIE L. DAWES P.O. BOX 69 MARKE S. ESTIS VICTOR J.WESTMAN MARTINEZ, CALIFORNIA MICHAEL D. FARR COUNTY COUNSEL 94553-0116 LILLIAN T. FUJII DENNIS C. GRAVES SILVANO B.MARCHESI TELEPHONE (510) 646-2041 GREGORY C. HARVEY ARTHUR W.WALENTA,JR. FAX (510) 646-1078 KEVIN T. KERR ASSISTANTS EDWARD V. LANE, JR. MARY ANN M. MASON PAUL R. MUNIZ February 6 , 1996 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Larry and Sharon Stambaugh 176 Brown Drive Pacheco, CA 94553 RE: CLAIM OF: Larry and Sharon Stambaugh 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: [] I . The claim fails to state the name and post office address of the claimant. [] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [x] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [x] 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. [x] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10, 000) , 'the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [] 6 . The claim is not signed by the claimant or by some person on is behalf . [x] 7 . Other: Please specify the date of injury, the employee/entity causing the injury, and the relief you desire, as well as the above-noted information. VICTOR J. WESTMAN, County Counsel By; Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, ,deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: February 6, 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) CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: February 2, 1996 TO: Jeanne Maglio, Clerk of the Boardjyo ervisors FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy Coi�n el RE: Claim of Sharon Elizabeth Stambaugh and Larry e Stambaugh Please treat the attached document as a claim against a public entity. It is clearly insufficient and frivolous . However, we should follow our normal procedure. RECE'VEPPD FEB - 2me RR vV JAS! 3 CLER CONTRAOS A CO.ISORS PROOF OF PERSONAL SERVICE -------------------------------- I, declare under the laws of Almighty G D and the common law perjury penalty: A. That I am a California Republic de jure Common Law citizen, sovereign, indefinitely living therein, over the age of 18 who is - not a party to this Action; B. That I have personally served the following document/package /item COMPLAINT, RECORD AND REPORT OF TRESPASS & THEFT OF FRIDAY 1-26-1996 RE ( 1 ) REPORT/CASE/INCIDENT * 96023945, AND ( 1 ) ATTACHMENTS TO COMPLAINT: EXHIBIT "A" , 3 pages, Notice of Lis Pendens EXHIBIT "B" , 3 pages , Fax & letter to Equitable Deed Co. EXHIBIT "C" , 2 pages , letter to Larry & Sharon Stambaugh EXHIBIT "D" , 2 pages, Notice of Trustee 's Sale of 12/28/95 EXHIBIT. "E" , 3 pages, Affidavit by Larry & Sharon Stambaugh dated January 24, 1996 EXHIBIT "F" , i page, Insurance Co reference information in re 1-26-96 report of trespass & theft EXHIBIT "G" , 1 page, reference information in re copy & note to Sheriff on 1-9-96 of/by Larry Lee and Sharon Elizabeth: Stambaugh, sui juris, dated January 26 1996 to/at : SHERIFF Warren E Rupf Contra Costa county 651 Pine Street , 7th Floor Martinez, California . 94553 C. And, that, on this . age day of JQ/gU_Q_R_U 1996 , the above mentioned document/package/item was served to the above listed address and was received by: Time : 0 (signature of sere R = Cavrf/eki -re C0j C'1.jrepvr� �� m � '7— r?.") va 4e- 7—r?''va4e. awd Pey �i&)fOL C e?, ak er c2t 'q t), ry i a 5 q�t e y�a 1.�o Lt�t hDh j u ct GGA l a+� lti 1Q w I'k G-nbr►elle 4e4ck o� EVI-; i�-�le- /PeeC®- bmer"G�) and (9) dwe fo VL Xegy nice 1z/�aAe It o c 5 e A -tfeu V e d BEY h.; 'A"' i kj -fk,S c-c) v •^ She& J /Y0 / F Fr'G Cr /:and"�s E/ jc� Qw�1t ©l �Yl r LE --------------------- 1.. � Marc Ramsland •. l l C' G� oSe 1 r 41/ 5 trustee agents' supervisor ��t �' l e �"`) t / Y K SC c/0 11r 'r't r s<ll�Y A F�,4 5 L k No 1 12 ro E,7<I�v )�45 agency sales and 07- ?I o7_ ir posting inc.•�'8801 folsom blvd. suite 230 Co I'X/Va-v—/ 1 hj o a Sacramento ca 95826 J [ f CD 800 . 683 . 2468 CD �)U 916 . 387 . 7000 a 4D� !' '7 pn f k t s '5'�ke A 916 . 387 . 7740 t� -4 � 6/ f ��UI�Q . E/X 4:b -" )"Jo +o d4erj�� &),'L- Warren E.Crandall W]4 kr; Owner ' ��t Crandall Security Services fe PPO 11262 © ��1��or►2. �� P.O.Box 2745 c 7aSlf C,0 _TZ1$V YOVK C V San Ramon,CA 94583 (510)551-8168 A NOTICE OF LIS PENDENS and NOTICE of : Discharge of Debt --- Satisfaction of Obligation --- Rescission of Contract Trespass --- Threat of Trespass --- Conversion --- Threat of Conversion Felony .Criminal Conversion --- Threat of Felony Criminal Conversion Violation of Contract --- Intent to Preserve An Interest Re: 1 . Private wholly owned real property (abode, land, building, etc. ) located within Pacheco township of Contra Costa county of California state recorded as Lot 38 of Tract 2283 in county records, near the commonly known street's address 176 Brown Drive. 2 . Alleged NOTICE OF TRUSTEE' S SALE Reference No. 13642-22735 and Trustee Sale No. B125410-54 dated 12/28/95 by Officer/Agent Gabrielle Leach of EQUITABLE DEED COMPANY. The mortgage/loan debts/obligations on real property, by reference #1 mentioned above, were discharged and satisfied in full through payment tendered in good faith on November 27, 1995. An Affidavit dated January 24, 1996, with attachment of proof of discharge and satisfaction, can be supplied as evidence, if necessary and if requested and at a fee of ten ($10 . 00) dollars. CAVEAT If anyone attempts to sell or purchase said property, wholly owned, through the alleged Notice of Sale, by reference #2 mentioned above, trespass and conversion shall be recorded against anyone claiming to sell or purchase! ATTACHED is a duplicate copy of Certified Copy of my Notice of Intent to Preserve An Interest filed in county records on Thursday, January 25, 1996. Under the Holy LAWS of Almighty GOD and the common law perjury penalty, I swear to GOD only and declare to all man-kind that the foregoing is true and correct, so help me GOD. v a � SharonEliz the Stambaugh Date Lawful Owner, older in Possession e v 1A I l � P RECORDING REQUESTED BY RECORDED AT REQUEST OF C" AND WHEN RECORDED MAIL TO NAME. Sharon Elizabeth: Stambaugh STREET JAN 2 -1996.- ADDRESS: c/o 176 Brown Drive 56 lv810 AT LOS A COU TY RECORDS CITY. Pacheco iSTEPHEN L WEIR STATE: California COUNTY RECORDER ZIP CODE. Pzone: 94553/fDC FEE: C, SPACE ABOVE THIS LINE FOR RECORDERS%USE.'-�;. NOTICE OF INTENT TO PRESERVE AN INTEREST-_ This notice is intended to preserve an interest in real property from extinguishment pursuant to Section 880.020 et seq of the Civil Code of the State of California. I, Sharon Elizabeth: Stambaugh and husband Larry claimant, claim the following described interest in real property Four Hundred Seventy Six Thousand Dollars& no/100 ( S476.000.00 ) The above described interest is claimed based on that certain Deed of Trust recorded on September 2E, 19 83 in the Office of the County Recorder of Contra Costa County, State of California as Recorder's No. 83 138882 The real property upon which the above described interest is claimed is described as follows: Property located in Pacheco township of Contra Costa county of California state,Lot 38,map of Tract No. 2283, filed June 29, 1960,Map Book 78,page 16,Contra Costa county records. (See"EXHIBIT A"for full legal description attached) I assert under penalty of perjury that is notice is not recorded for the purpose of slandering title to real property and I am informed and believe that the information contained in this notice is true. Cnt Claimant imant Dated: � • 2 h !Y 9 ALL PURPOSE ACKNOWLEDGMENT State of California County of /CONTRA COSTA On before me,the undersigned, � �i/{� U�/U lid✓ DATE Name,r&o(O(rcer,e.g..'Jane Doe,Noury Pubk' personally appeared Si�/4/LDN EL/ZAPttTf! S'Tf1MuS� �� �i4i4�'�L�E,s;/9�buu9t, Names)of Clainant Signeds), ❑ personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person(s)vtqse names(s)h5egUbscribed to the within instrument and acknowledged to me tha xecuted the same in his/her lr dg Y authorized capacie ?and that by his; it gna r s)on the insbvment the perso s, or the entity upon behalf of which the perso s ted,executed the instrument G� C� nt Witne hand official seal. Z-R.it�.ea.v y 0Z �I CONAMCMACOUNTY Mroarne�o..arw»'��•+ Signature of tary I &-�/-� trt1 #� s 1 , "EXHIBIT A" LOT 38, MAP OF TRACT NO. 2283, FILED JUNE 29, 1960, MAP BOOK 78, PAGE 16, CONTRA COSTA COUNTY RECORDS EXCEPTING THEREFROM: Rights reserved in the deed from Financial Title Company, recorded August 7, 1963, Book 4424, Official Records, page 697, as follows: 'All oil, gas, casinghead gas, asphaltum and other hydrocarbons and all chemical gas now or hereafter found, situated or located in all or any part or portion of the lands above described lying more than five hundred feet(500 feet) below the surface thereof,together with the right to slant drill for and remove all or any of said oil, gas, casinghead gas, asphaltum and other hydrocarbons and chemical gas lying below a depth of more than five hundred feet(500 feet)below the surface thereof, and the right to grant leases for all or any of said purposes; but without any right whatsoever to enter upon the surface of said lands within We hundred feet(500)feet vertical distance below the surface thereof! wt�l� Ive4.- e 0 7"o Prerve! A►tL.+er�st t Re✓eY$e NvVete Pf Zt fek-f- Tp fre5erve I hereby certify that this is a true copy / I, b 1 of the original on record in this office. �� oS KAY D� �[r C in- ATTEST: f JAN 251.,,,6 : STEPHEN L.WEIR COU R C , By oEPUTY C•e2,�' A Zirticle .3, § 2 gobernment c/o jtng CWgt 20mini9trator, 3C2 j9ugerg Sounb Sgricultural *ocietp, Kimiteb, j)*a&1 (a bocietp for a doral Cbrigtian people) January 26, 1996 A Article I, Section 2 Government c/o JCA/PSASL 1055 Sunnyvale Saratoga Road Sunnyvale, California (94087-2539) Fax# 408 732 1844 and Phone # 408 732 1776 Fax Cover Sheet / Page 1 of 5 Gabrielle Leach, Trustee Sale Officer Equitable Deed Company Trust Deed Unit# 38434 Los Angeles, California (90017) Fax 213 345 8939 Borrower: Larry Lee Stambaugh and Sharon Elizabeth Stambaugh Property: 176 Brown Drive Pacheco, California (94553) Good Evening Miss Leach: Following this cover letter you will find: 1) NOTICE OF INTENT TO PRESERVE AN INTEREST -two pages; and 2) Letter of Notification of Default -two pages (Both documents 1) and 2) shall be also forwarded via the U.S. Postal System with proof of service on this day, January 26, 1996). Please contact our office as soon as possible to discuss this matter. Sincerely, es Kalfsbeek, President CC: Bank of America NT& SA Attn: Bonnie Parmenter, # 5759 Northern California CLC P.O. Box 2366 Rancho Cordova, California 95741 Fax 916 8516090 pP� Qp executorg, aniiniotratorg, Ouarbiaug, grugteeg V Irticle ..3, § l & 2 for California Conotitution- ImenDmeirtg 1, IN, & x for the Cougtitution of the Witeb *tateg of Smerica � ®� 0 Orticle 3, § 2 gobernment c/o jeguo Cbrigt Zbminigtrator, JC2 Puget'g .4ounb Z(g icultural bodetp, Kimiteb, P.426 L (a &ocietp for a doral Cbrigtian People) January 26, 1996 A Article I, Section 2 Government c/o JCA/PSASL 1055 Sunnyvale Saratoga Road Sunnyvale, California (94087-2539) Fax#408 732 1844 and Phone#408 732 1776 Gabrielle Leach, Trustee Sale Officer Equitable Deed Company Trust Deed Unit# 38434 Los Angeles, California (90017) Borrower: Larry Lee Stambaugh and Sharon Elizabeth Stambaugh Property: 176 Brown Drive Pacheco, California (94553) Good Day Miss Leach: Your attention is directed to the following for immediate action and compliance compelled by the duties of your position. We are writing to you once again in behalf of Larry Lee Stambaugh and Sharon Elizabeth Stambaugh. Miss Leach you were requested as required to conform with FRCP 44(a)(b) and 12(a)(b); and, including but not limited to your Articles of Incorporation of your use of the corporate name affixed by its duly authorized officer, duly authorized by resolution of your Board of Directors. We directed your action for all supporting documents as required herein above, by return mail; and, in the event that there are no such documents please so advise us. Unless the duly certified documents requested were received by us within 5 days from the mailing of the January 22, 1996 letter including asseveration and proof of service default will occur. To this date we have not received any correspondence from you or your office and therefore default has occurred in this matter pertaining to the supposed obligations of Larry Lee Stambaugh and Sharon Elizabeth Stambaugh. With your default comes the affirmation of our prior assumption that you are in violation of the Law and multiple Constitutional constraints stated in our previous correspondence. Your status as a "Holder in Due Course" has not been provided as requested and therefore a "Proof of Claim" is not evident. Accordingly, you are once again directed to order all personnel responsible for such to cease and desist in all such activities/actions against Larry Lee Stambaugh and Sharon Elizabeth Stambaugh and executorg, Z(bminigtratorg, guarbiang, Eruoteeg � 0 �r �/ M6 Orticle 3, § 1 & 2 for California Constitution- �� Y T Q 1' Sntenbmentg 3, 3N, & X for the Conaitutimi of the Ifiniteb 6tateg of Interim their property or severe sanctions and harsh letters shall follow. Further, please furnish us the enabling act required as set forth in the Constitution for the United States of America in Article I, § 8, Clause 18. Your immediate compliance is anticipated and greatly appreciated. Sincerely, James Kalfsbeek, President CC: Bank of America NT& SA Attn: Bonnie Parmenter, # 5759 Northern California CLC P.O. Box 2366 Rancho Cordova, California 95741 executorg, IDminigtratorg, guarbiang, Crugteegd e to Article 31, § 1 & 2 for QLalifornia congtitutimtr—;e W � - 5menDmento 3, 3M, & X for the constitution of the Mniteb btateg of Imerica 3 A article 3, § 2 gobernment c/o 3toug Cbrigt Zbminiotrator, 3Ca j9uget'g bounb Rgricultural Societp, Rimiteb, J96"K (a Societp for a Moral QLfjrigtian People) A Article I, Section 2 Government January 26, 1996 c/o JCA/PSASL 1055 Sunnyvale Saratoga Road Sunnyvale, California (94087-2539) Fax#408 732 1844 and Phone #408 732 1776 Larry Lee Stambaugh c/o 176 Brown Drive Pacheco, California (94553) Non-Domestic Good Day Larry and Sharon: A letter was written directed to Gabielle Leach,Trustee Sale Officer of Equitable Deed Company in Los Angeles for specific documents prior to our approval of your application for refinancing or foreclosure/transfer of the property. We have placed a hold on the process due to concerns of the present situation with Bank of America and/or Equitable Deed Company and/or Continental Auxiliary Company in the matter with Larry Lee Stambaugh and Sharon Elizabeth Stambaugh. Whenever we contemplate refinancing any property, it is our practice/policy to inquire into the status of the financial institution holding a trust deed in the favor against the property. One of the items of particular concern is the bona fide "Holder in Due Course" standing of Bank of America and/or Equitable Deed Company and/or Continental Auxiliary Company. In order to satisfy our concerns we contacted Gabielle Leach, Trustee Sale Officer in your behalf on January 22, 1996 requesting bona fide "Holder in Due Course" documentation prior to any approval for refinancing or foreclosure/transfer of the property. Unfortunately to date, Miss Gabielle Leach; Trustee Sale Officer has not been forthcoming with the necessary items listed below. We can not approve and shall not approve your application until these documents are produced to satisfy our request that Bank of America and/or Equitable Deed Company and/or Continental Auxiliary Company is the bona fide "Holder in Due Course" of your existing loan. The documents requested are as follows: 1) Original loan (promissory note). 2) Original Deed of Trust (collateral for Loan). 3) Show how money was loaned, as entered in accounting records including, but not limited to, entries, comments, and analysis of the loan transaction as attested to by the independent Certified ftcrutorg, RDntiltigtratorg, Ouarbiattg, Zrugteco - i t`! L1 m. y P_4, / 19 4 Tirtide 31, § 1 & 2 for Califontia tmtgtitutimt- r / Rnteubmento 31, 3N, & X for the QConotitutimt of the Mniteb Otateg of linterica /'max � !�?� G YYY/ 1 0 / d Public Accountant(s) and furnish documents regarding such. 4) Furnish minutes of approval and corporate resolution concerning the loan transaction and all comments regarding the status of said loan including, but not necessarily limited to, sale, transfer or hypothecation of such loan. 5) Furnish a copy of loan assumption agreement(if loan was assumed). 6) Status of Lender and Trustee as Holder in Due Course on the original note, ab initio to date. 7) Was loan assigned, traded,pledged, or offered as collateral, ab initio to date; and, furnish copies of such transactions. 8) All correspondence from the date of such loan, ab initio to date; or if loan assumed, from that date,to date. If you could contact Bank of America and obtain these documents, I will be glad to have the hold removed from your account upon being furnished with the requested documents that are to our satisfaction. Sincerely, ames Kalfsbeek, President y QExecutorg, ',�Lnlllllgtratorg, �uartliallg, �rugteeg ��,� Q' Zirtide 3, § t & 2 for dafiforttia QCongtitutiou- o '� 2nicubmento 3, U, & X for the QCougtitutiou of the 11niteb btateg of anterica AL.4 12/27/95 WED 16:39 FAX 2133458938 EQUITABLE DEED ASAP NEW "°',1 .. Cj 002 RECORDING REOUESTED SY AND WHEN RECORDED MAIL TO EOt TTABLE DEED COMPANY TR49T DEED UNIT#38434 333 SOUTH SEAUDRY AVENUE 11TH FLOOR LM ANGELES,CA 90017 ItLL17LL1-f1 'N T ct,dJ r c Tltle Order No. 51240719 Trustee Sale No. B125410-54 Reference No. 13642-22735 APN No. 125-155-002-4 NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 09419/83 . UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF .THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU StjOULD CONTACT A LAWYER 09 01/26/96 at 10 :00 A.M. , EQUITABLE DEED .COMPANY, AS SUCC,PSSOR SIN INTEREST BY MERGER TO CONTINENTAL AUXILIARY COMPANY y as the duly appointed Trustee under and pursuant to Deed of Trust, recorded on g3 as Document No. 83 138882 Book 11457 Page 4 2 9 of is ecor the office of the Recorder of CONTRA COSTA County, California, executed by: S H AND SHARON E. STAMBAUGH, WHO ARE MARRIED TO EACH OTHER) 0 - R00, e- WILL SELL AT PUBLIC AUCTION TO THE GH IT � CASH (payable at time of sale In lawful money of the United rStates)-at: A fa ST !' CE,'-TO THE CITY HALL, MI • 1666 NORTH MAIN STREET, W EK Qi ' all right, title and interest co{ o a rider said Deed of T n the property situated in . said Cotinty, California desk E + 'A' ATTA TO AND MADE A PART HEREOF. �e The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonably estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale Iii $51, 598 .95 . Payment must be by cash, a cashier's check drawn on a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan assoclation, savings association, or savings bank specified An section 5102 of the Flnanciai Code and atithorized to-do business In this state. / o Conned an page 2 Page I Eow J IVI (CANOSI7A) • Z rt" 7/95 WED 16:39. FAZ.2133458938 EQUITABLE DEED ,-+► ASAP lYE Titip Order No.::,, 51240719 Truptee Sale No.. B125410-54 Reference No.: 13642-22735 APN No.: 125-155-002-4 'ibm street address and other common designation, If any, of the real property described above Is purported to be: 176 BROWN DRIVE, PACHECO, CA 94553 1YL(LL 7_rr 00Lc.�-IH�1YT c��1rc5��x Yrs o Ota 2 —f"1r�jV��jfK Tile undersigned Trustee disclaims any liability for any Incorrectness of the street address and other common deslgnaUon,If any,shown herelm j I Bgnefidary: BANK OF AMERICA NT & SA, ATTN: BONNIE PARMENTER, #5759, NORTHERN CALIFORNIA CLC, P.O. BOX 2366, RANCHO CORDOVA, CA 95741" Telephone No.: (_4 1'6) 8 51-5 7 8 9 Ud sale will be made but,without covenant or warranty, expressed of Implied, regarding title, possession, or encumbrances;"for :the purpose,o,f satisfying the Indebtedness secured by said Deed of Trust including the fees, charges and-,expenses of,thTrustee. The trustee under sold Deed of Trust caused a Notice of Default and Election to Sell to be„"recorded In.the county where•the real property is locat and.more than three mordhs have elapsed since such,recordaUon. DATE: 12/28/95 Y EQUITABLE DEED COMPANY '".AS 'TRUSTEE TRUST DEED UNIT #38434 n LOS ANGELES, `CA 90017 •\ Telephone Number: (213)345-8953 Q/ G RIELL'E LEA TRUS E w aK too- 4y% z�i 1gq� -Pager IcAwosns, 0 C z AFFIDAVIT in support of NOTICE OF RESCISSION and DECLARATION OF DISCHARGE R£: (1) REAL PROPERTY, abode/house and buildings within Pacheco township, near street's address of 176 Brown Drive, recorded as Lot 38 of Tract 2283 in Contra Costa county records Map Book 78 page 16; (2) NOTE/LOAN Agreement # 0141-2-57004 of about September 13, 1983, current account # 1364-2-22735, and DEED OF TRUST with Bank Of America recorded as Document # 83 138882 Book # 11457 Page # 429; (3) ESCROW account contract opened on or about June 1 , 1995 with Puget's Sound Agricultural Society, Ltd ESCROW Company regarding refinance-and clearing of Title on the above noted Real Property; (4) NOTE # LSS-951024-01 payment on or about October 24, 1995; and, (5) CERTIFIED BANKERS CHECK ( CBC ) # 1541 dated November 17, 1995 and tendered as payment in good faith on or about November 27, 1995 and received by Bank of America on November 28, 1995 as discharge and satisfaction in full of the above NOTES, DEED and account. united States of America ) California state ) ss Contra Costa county ) We, Larry Lee and Sharon Elizabeth: Stambaugh, the undersigned Affiants, being of sound mind over the age of twenty one (21) and of the necessary Character to invoke and choose the applicable Law, within the proper territorial application, hereby attest to and acknowledge the following to be true, correct, certain and relevant. usable in any court of law if we were called to testify to its/their veracity to wit: Affiants realize and understand, regarding the MAXIMUMS OF LAW, that TRUTH IS SOVEREIGN in commerce, and also in all things. Affiants realize and understand that an . Affidavit, by its nature, is TRUTH and the HIGHEST FORM of prima facie EVIDENCE, as indicated by but not limited to U.S, v KIS, 658 F2d 526,536, being hereby made and presented as such TRUTH and EVIDENCE. Affiants realize and understand that an Affidavit can be challenged ONLY by another Affidavit; therefore, Affiants hereby invite any such challenge and reserve the right to correct any mistake and/or forgivable error on ANY document made by and concerning or relating to the Affiants. Affiants have, from the beginning of NOTE/LOAN Agreement and account by reference #2 mentioned above, timely and continually tendered payments by cash, check, U.S. Postai Money Orders and other commercial negotiable and/or non-negotiable instruments in satisfaction of said NOTE/LOAN and account. Affiants did- on or about June 1 , 1995 by .reference #3 mentioned above, contract with and open an escrow account through Puget's Sound Agricultural Society, Ltd ( PSASL ) , ESCROW Company having Affiant's Power Of Attorney to act in Affiant's behalf for the purpose of refinance and clearing of Title by the removal of any and all clouds of Title on and of Real Property, by reference *1 mentioned above, wherein any and all monthly Mortgage payment monies, through said ESCROW contract and agreement, were required to be held in escrow until close, with respective creditors being duly informed. Affiants, since June 1 , 1995, have been informed several times by the ESCROW Company that creditors and Mortgage holders and/or their Trustee(s) , AFFIDAVITmonth ,aday, 1996 Page one of three o r 1 including but not limited to Bank of America and Equitable Deed Company, have fallen silent, failed to produce, and will not and have not provided _the demanded and required documents for the purpose of proper-escrow process and the clearing of Title. Affiants in good faith did, on or about October 24, 1995 by reference #4 mentioned above, present and tender to Bank of America, by U.S. Postal Service REGISTERED MAIL # R 761 603 812 by third party Proof Of Service with RETURN RECEIPT indicating delivery on October 27, 1995, a proper NOTE in lawful money of account as evidenced by original NOTE (loan) # 0141-2-57004, by reference #2 mentioned above, as payment for the purpose of satisfaction of said loan balance and all fees, costs and late charges, with Affiant's reasonable expectation of Bank of America's timely response returning the overage and difference between balance due and tendered NOTE amount. Affiants, to date, have only received silence and no response from Bank of America regarding the overage due and owing concerning above mentioned NOTE tendered October 24, 1995. Affiants in good faith did, - on or about November 27., 1995 by reference #5 mentioned above, present and tender to Bank of America, by Proof Of Service by Notary and by Federal Express # 8419646012 proof of delivery on November 28, 1995, a CERTIFIED BANKERS CHECK * 1541 as final payment for the. purpose of discharge and satisfaction in full of NOTES, DEED, and account, by reference #2 and #4 -mentioned above, with Affiant's having a reasonable expectation of Bank of America's timely response returning any overage and difference between total balance due and payment tendered. Affiants, to date,• have only received silence and no response from Bank of America regarding the overage due and owing concerning above mentioned payment tendered November 27, 1995. Affiants did, on or about January 17, 1996, obtain assistance of Notary in presentment of FORMAL CERTIFICATE OF PROTEST OF COMMERCIAL PAPER, under Uniform Commercial Code ( U.C.C. ) section 3-509, through/by Federal Express # 8715023936 delivery and U.S. Postal Service First Class Mail dated January 17, 1996 to COMPTROLLER OF THE CURRENCY via -DEPUTY .DELORA JEE and Postmaster of U.S. Post Office in Martinez, California, with copy(ies) directed also to Bank of America NT & SA, Officer. Bonnie Parmenter & Officer/Mgr Norm Wegard of Bank of America, and Maker/Surety LeRoy M. Schweitzer, A true & correct copy of Notary's PROTEST with its attachments is attached as evidence. Affiant's Christian Appellation/name, each respectively, is Larry_,gr. and Sharon Elizabeth spelled using upper and lower case letters as shown, and Affiant's family Christian Appellation/name is Stambaugh spelled using upper and lower case letters as shown, AND ANY DEVIATION FROM THIS mentioned notation and spelling is required RECORDED as being a false and/or fictional representation of the Christian Affiant man and/or woman, and as a MISNOMER; and, Affiants at all times reserve the right to correct any misnomer ( error or oversight ) that may have been made in the past concerning the Affiant's Christian Appellation/name, which is required RECORDED as being printed and signed, full and complete with no initials, by Affiants, ab initio. Affiants are who they say they are and NOT who someone else might say they are through or by the use of some or any MISNOMER. Affiant's law book is their family Bible, and they do at all times honor and respect any of man's law that is made in harmony with : and not in conflict with the Bible, the Holy LAW of Almighty GOD; and, Affiants do at all times reserve and make explicit reservation of ail ' GOD given Inherent AFFIDAVIT S month -9"'day, 1996 PZge two of three and Unalienable rights, powers and liberties, waiving none. Affiants truly believe and understand that SILENCE must be considered fraud as indicated by but not limited to court case of United States v Tweel < 1977 ) 550 F.2d 297, 299 wherein stated: "Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading. " Affiants claim that fraud and trespass and violation of contract has occurred against Affiants by the actions and/or lack of actions of Bank of America NT & SA and its Officers, Agents, and Trustees; therefore, Affiants rescind contract NOTE/LOAN Agreement and account by reference *2 mentioned above, which additionally was discharged through payment mentioned herein. Affiants further saith naught. taste meipso this . f'' month this f'{�/ey( `�/ FpilY day in the year of our LORD, our Redeemer and Messiah YAHSHUA Jesus the CHRIST through our Mighty One YAHWEH GOD the Father, Nineteen Hundred Ninety Six (1996) A.D. Under the holy Laws of Almighty GOD and the common law perjury penalty, we swear to GOD only and declare to all mankind that the foregoing is true and correct, ..,so elp u� ,! 3 / � L r Xee. _ambaugh, sui juSharon Flizabe Stambaugh, alie n ni u 's state ' law/in fact, sove ign, a state in aw/in fact, sovereign, PRINC 7L of freeman Character PRINCIPAL of freeman Character ACKNOWLEDGMENT BY NOTARY of Affiant statements, signatures, and attachments united States of America ) California state ) ss Contra Costa county ) On this 24 /1996 , before me a NOTARY PUBLIC duly appointed and commissioned and bonded in and for the People of California state, personally appeared Larry Lee Stambauoh and Sharon Elizabeth Stambaugh who is personally known to me - and/or - proved to me on the basis of satisfactory evidence to be the one<s) whose name(s) are subscribed to on this _-kFFIDAVIT instrument, and acknowledged to me: that then executed same in their authorized and/or actual Sovereign PRINCIPAL freeman capacities; and, that by their signature(s) on this instrument, the person(s•) or entity, upon behalf of which they acted, executed this AFFIDAVIT instrument before me at Ate", ex California. 4 U Gs,rMt M.VanRooyen III' IA Comm.00=2 � COMA CWTA cowilr d MY comm.E p"F.e.17.1ssF+ SEAL: Not y / ► 1 �1 Fee: r e�J 4� k 4Yy a �, r 9 f �C �1 �1 AFFIDAVIT -month day, 1996 Page three of three ' D 3 SAFECO INSURANCE COMPANY OF -AMERICA-' P*,0 BOX 25150, SANTA ANA, CA 92799 '64 R.G. & G.L. PEFFLEY INSURANCE 6503 TRINIDAD CT. AUG. 16 1993 SAN JOSE CA 95120 5507 POLICY NUMBER "l OA929163 AGENT TELEPHONE: (408) 997-5444 7� I C, A ih4- a.,t-d re-'ry r l fo y goo 70 aQa on following renewal on your s in coverages to better protect. ��.w.•,. M:.•~,. ..-- 3 .,. f building materials and labor . as follows : - - pe A) have been changed from coverage limits listed below have -" are factors of your dwelling age B) have been changed from fyee�) ad� �y erage C) have been changed from 17� `/YvwAPr 15, 1993, after payment of the � kqy 4-6,� �-e* (- 5J'1-4tb ,GLfj� this letter with your insurance _ `tO>vKer � Q' 3. 00 renewal premium to your P4-.'-LC zxfo wk-�trr) C C c,--j LQ j, i to make a change to your policy, please contact R .G. & G. L . PEFFLEY INSURANCE at : (408) 997-5444 . We look forward to continuing to serve your insurance needs . Dan D.McLean,President T4VjIA.&.vy ��� 1J5k I q9� Ips ' 0C.428/EP 2/83 Gt PRINTED IN U.S.A. NOTICE & RECORD OF NULLITY DOCUMENT AND MAIL REFUSED FOR CAUSE AND ACCOUNT SATISFACTION BY AFFIDAVIT TO: PRESIDENT/CEO Stephen Niles FIRST CLASS MAIL EQUITABLE DEED COMPANY by. Notary Proof of Service 10600 Valley View Street - --- Cypress, CA 90630 TO: OFFICER/AGENT Gabrielle Leach FEDERAL EXPRESS * 7067614562 EQUITABLE DEED COMPANY by Notary Proof of Service 333 So . Beaud.ry Ave. , 11th Floor Los Angeles, CA 90017 FROM: Larry Lee: Stambaugh DATE: January 09, 1996 Sharon Elizabeth: Stambaugh non-resident delivery --T c/o 176 Brown Drive Pacheco, California (no zip 76 RE: (1) Your NOTICE OF TRUSTEE'_S -SAL1 dated 12/28/95, a NULLITY, found �eY'r �� WQrYCyLtic�0}- Your mail postal dated DEC 28 '9: i addressed (misnomer) and hereby r dishonor and without recourse to NOTICE & RE( MY- .' � )Iv+..l wi�e_ united States of America ) California state ) ss / Contra Costa county ) 70 �a $�01e.Y` b } We, Larry Lee & Sharon Elizabeth: Sta a Ov` c7v-*% r6 1 V Qh being of sound mind over . the age of tw L( N 1.>`1lalFui. Sale axQ GQy�Vt'Y$ t ©31 Character to invoke and choose the app territorial application, hereby attestn � rr be true, correct , certain and relevant o� de �� ��-c2 P+�':�4 e PYObeYTI called to testify to its/their veracit !! '—� Durr�lY a.�o�2 i sz Pack 0- Ga, Affiants realize and understand, ve J'0 Q,Ld w•1 Y'e� lou U;yr r TRUTH IS SOVEREIGN in commerce, and al 00 .6y Pep Affiants realize and understand tl eh+ TRUTH and the HIGHEST FORM of_ prima fa limited to U . S . v KIS, 658 F2d 526, 536 l� such TRUTH and EVIDENCE. pro-fdc_ ' 04F, propoe� Y akd Ri�A,�S Affiants realize and understand t] ONLY by another Affidavit ; therefore: challenge and reserve the right to core error on ANY document made by and conce L Affiants realize and understand that any document, containing one or more error(s) , is required recorded as an error in total , &.mistake, and a NULLITY; therefore, the Equitable- Deed Company NOTICE OF TRUSTEE'S SALE, by I - z�- -mp �xltii 4 1 t "&'f NnTTCF 4 P7 ()Pn pa<e 1 of 4 AFFIDAVIT I mf-1 cloas ' clalM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ` -FEBRUARY 271 1990 t Claim Against the County, or District governed by) BOARD ACTION r 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: $30,000.00 Section 913 and 915.4. Please note all 'Warnings% CLAIMANT: LONNIE L STILL all"lludmi ATiORNFY: ,1eN 3 1 1995 ,,,®U8.1yG0UMsr1. Date received JANUARY 31 1996 ADDRESS: 2976 SHERMAN AVE MARTI BY DELIVERY TO CLERK ON PITTSBURG CA 94565 BY MAIL POSTMARKED: VIA: RISK MGMT 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH 8 „ DATED: JANUARY 31, 1996 B11L Deputy OR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( V)r 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: 3 —� BY: Deputy County Couns II1. 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: -97- 199 j� PHIL BATCHELOR. Clerk, By 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 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 to 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 ail times herein mentioned, have been a Citizen Of the United States, over age 18; and that today 1 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: 03k,- - 1917 6 BY: PHIL BATCHELOR by0. Deputy Clerk CC: County Counsel County Administrator Cla= to: BOAPJ OF SJPERVISORS OF CONTRA COSTA COUNTY 0�. _..._. INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, s must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed With the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this for RE: Claim By i ` ) Reserved for Clerk's filing stamp RECENED Against the County of Contra Costa ), .SAN 3 1 I-Qi l.0 CdS CLERK BOARD OF SUET' C,©un0-(:* Y 1��tPCe, District) CONTRA CC!!" � � `=' ;AJ Fill ifi name ) `1 `�- The undersigned claimant, hereby makes claim against the County of Contra Ccgsta or }:= the above-named District in the sum of $ OT(Sf� _ and in supportz, of this claim represents as follows: 1. When did the damage or injury occur? ."(Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) M a�' �' t• Q_V Ca ung CA.% , c��t l e- told V,1,I N C5 i N ` i e.: 1 V-Vr_, 3. How did the damage or injury occur? (Give full details; use extra paper if- required) -'r-J eva�4 .W,3 e :i Lilca,S ":ter Y'L ►� t 6-3 4� Kt+c,�VQo c�S t4.e. G.sskst�e,w C�o . . gk<:XZ �� Fo' -Vhe_ lo.�s.+�t��r�( Gee Tb1� Sov,� 13r6"L1V­,v^• a,m-e- ca.Pc,�l n -� C O 0 e�z_ a.nl�C__(=e � of b. What particular act or omission on the part of county or district officers, - servants or employees caused"the injury or damage? L A C1�. n� (p\rO v e . crcI p<_,2,�! t5 t� `t eS CeNc e �� �6�•e..r-- a ct t ���s o� V, ^-A �O�e 4 C\ev t ems tir\��" Z wee s woc k-", cv �-1 c�s w 1 S In�,2 ►V,nc�\e c��;5c9 , CQ Int e4-\ co uv,-* Cao 0_� 6 :9 , -e l�. tnr, r-1eve.r- we(ze o,_ .St�'Fe grdc ' 1els cl�sce,�ss� e�, �'� us, .+to1 t Fv very dr-t�ce�' 1 S CocvG`iSs �o s uJ1r.��C w�2�-L��� ��ar�,iv � ocv\Y �E�� T art t6l S' s ho . -T r -- o�\ �n�v e �n�c q rJ W.00K s�ocst� C3�tz� 00 k-4 Ve" t F 'tG,ve_ V\P, w�ecoT3ut�av c �te� a(-56 *agle, 1S NC) Hai Rd Q . 9r\1_J_ ly 5. wnat are the names of county or district officers, servants or employees causiT�g the dazage or initlr}'? T he Ca:. e�C�"�Y e�vl�Jl,o re�5 'Ina- G_r G 0---J Qd r") o rrc S�Cw-�S Z^`'G _ 1J t op -�o psi v�'" In R V�,n►� �02-��' 63 o afis .�. ar-e.c.i e.�c�c4 -�-�-�es�� be-Cr'^ S ®rV fa -Jr cote ----------- ------------------ ..���----------------------- 5. What damage or injuriesdoyou claim resulted? (Give full extent of injuries or . r ( damages 'claimed. Attach two estimates for auto Jamage. .2 V e-Ty C `a c u�s ort e -X-0 a£ ,rn T a.rtA so•V,�e, o� r,-% t e a� Y� -FQ o �4�t cL Sc)c< 0 N 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) T, -q: -e , i�S <,\c41.W-1 IN s r\1 �7\ e G# -�3- vel C� t� �nt�Y +�q p,rc� err t�a�2.� 43oa( s ��/�n� ►r �,t {� t c� V\f \,P[—Y�y'�+%�/ L a pvj 3Cr-er�,s e_ 7 i�v�! f a��e(L'�- �c� �•�.M w�— y 't,:V/� ••`� G� 'Uj� -"Cgt-s A J �� ���.1 5-�( G F. c%t15c, caex< WC; LCA I� ee ci _�c,��!V Zl $. Names and addresses of witnesses, doctors and hospital-s-. S. b"t y C) e ��I -et c G ov, r L y� CL+ -ren -� 4-A�e C, �-�.e, V4 �, erg -4- r • � 2, �"A ale - �'R�,®©;cam A ed IZc� w�nLb L �'e C� ��v m e d \Je <:Lt c �-, cTtetJttG S E vsti5 dv c2 �t'K9i_c2 �1 Y� \C✓ �'5e�cc�� -V c. �O u +OW,L 9• List the expenditures you made on account of this accident or injury: DATE ITEM, AMOUNT ( 3� S.� C',-Cc, -( <,-©on -V�,-e. M e L-c" \n A �-�w�d ci Co C.ks i 1 �Gt Gov. `Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some pperson on his behalf." Name and Address of Attorney Claimant's Signature CdA C �-A Scs Telephone No. Telephone No. 3 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such i risonr.}ent and fine.. l c�7, -moo iso- cS, ,_ c back. sone i wx K O' _eA9 c��.v_�14—ascA,s j-1 J�lle_=(I\1Q-1 0 _c�c`e �CZ \ (�kv\A CL 1_ I _ :::?— \c--�--`, - -- -I�Nll OAS C , n 1 1 . ------- -- - --lSZ�C;'Sys:', �� �. O�(1_._��.��-� _ �.��E'.V'S1C�l�t� ----�-•���' 4_ <�.5� � '�. '.°�^n �- 7w 0 Ij fuQoLk-wj %,. , LJ11 . CLAIM BOA;D OF SUREcvISORS OF CON'RA COSTA COUNTY,CALIFORNIA FEBRUARY_27, 1996 Claim Against the County, or District governed by) BOAR`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: $10,000.00 + Section 913 and 915.4. P1V811D.,. CLAIMANT: ANN AND JOSEPH ALFONSO ZAVALA FEB 0 8 1996 ATiORNEY: RORY D. JENSEN COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 1299 NEWELL HILL PLACE SUITE 300 BY DELIVERY TO CLERK ON FFRRTTARY 7� 9Q26 WALNUT CREEK CA 94596 BY MAIL POSTMARKED: T4AiVT) T)FT,TVFRFT) 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a Copy of the above-noted claim. p g , �OATED: FEBRUARY 8, 1996 BgII Deputy�' Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (✓r 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: Cq- -"5 Le- BY: �� �L�� Deputy County Couns 1II. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 912.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. Other: 1 certify that this is a true and Correct Copy of the Board's Order tntered in its minutes for this date. Dated: 02-X7- V7-7G PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING Nov. Code section 923) Subject to Certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the wail to file a Court action on this claim. See Goverment Code Section 945.6. You may seek the advice of an attorney Of your choice in connection with this natter. 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 IS; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a Certified copy Of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 6;2 -a-W -1q9(, BY: PHIL BATCHELOR bydp"j, Pe 0,.'- 0 L eputy Clerk CC: County Counsel County Administrator RECOVED t `+ CFS _7 1996 GOVERNMENT TORT CLAIM AGAINST CONTRA COSTA COUNTY BOARD OF SUPERVISORS CLERK BOARDJh CO SUPERVISORSS OF F SUPERVISORS CO. HAND DELIVERED TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS 651 PINE STREET MARTINEZ, CA 94553 1. Name and address of Claimants: Ann Zavala and Joseph Alfonso Zavala 570 Webster Drive Martinez, CA 94553 2. Address to which notices should be sent: O'Brien, Sullivan & Jensen 1299 Newell Hill Place, Suite 300 Walnut Creek, CA 94596 3. Date and place of accident: On or about August 8, 1995 at approximately 4:00 p.m. The accident occurred at the Mount Diablo High School, 2450 Grant Street, Concord, California 94520. 4. General description of the accident: Claimant, Ann Zavala, was injured when she was walking through the parking lot at Mount Diablo High School in an attempt to go to the gymnasium area at Mount Diablo High School. The accident occurred near the gymnasium at Mount Diablo High School, Concord, California. The accident was the result of an unsafe condition at Mount Diablo High School in an area where there was approximately a two inch difference in elevation on the sidewalk/concrete slab area between the parking lot and the Mount Diablo High School gymnasium, toward which Claimant, Ann Zavala, was walking. This difference in elevation between the surface where Claimant, Ann Zavala, was walking caused her to trip and fall and severely injure herself. The accident was the negligent failure of the Mount Diablo Unified School District, its agents, employees, managers, and representatives to provide a safe place for pedestrians, such as Claimant, Ann Zavala, to walk while visiting Mount Diablo High School in Concord, California. 1 The Mount Diablo Unified School District, its agents, employees, managers and representatives were also negligent in creating and allowing a dangerous condition to exist and not correcting such a dangerous condition at Mount Diablo High, School, including, but not limited to making certain the walkways were in a safe condition for pedestrians such as Claimant, Ann Zavala. 5. General description of the injuries and damages: As a result of the accident as described above, Claimant, Ann Zavala, suffered from a severely injured and broken right foot and ankle. Claimant was then treated for a right, distal, fibular fracture, along with severely torn ligaments, tendons, muscles, tissues, and joints. Claimant was forced to wear a cast on her right foot/ankle for several months after the accident. Claimant, Ann Zavala, also suffered from a severely sprained left ankle and left wrist, along with numerous bruises, abrasions, and contusions to her body, as a result of the accident as described above. In addition, Claimant, Ann Zavala, suffered from injuries to the tissues, muscles, ligaments, bones, and cartilage of her body, including but not limited to injuries to her head, torso, neck, back, hip and extremities. In addition to the above, Claimant, Ann Zavala, fell on her face and head as a result of the accident. This trauma has caused Claimant to continue to suffer from memory loss, confusion, dizziness, and headaches. Claimant has found it difficult to hold objects without dropping them since the accident. Claimant was diagnosed as having a concussion which was the result of a closed head injury. In addition, the blow to Claimant's head and face resulted in damage to the area surrounding her nose, and her nose, which has caused the loss of Claimant's ability to smell and to taste foods. In addition to the above, Claimant, Ann Zavala, reports that three toes on her right foot no longer have normal feeling and that they appear to be numb and insensitive and appear to be as the result of the accident. It is further believed that the broken bone in the area of Claimant, Ann Zavala's right ankle will result in future degenerative problems of her foot/ankle, including but not limited to arthritis, rheumatism, and other bone, joint and tissue injuries. 2 ti As a result of the above, not only has Claimant, Ann Zavala, been injured in her body and her psyche and her person, but she has also experienced pain and suffering, and suffered a significant wage loss in this case, estimated to be in the area of $50, 000. 00. Claimant also had to go to the additional expense of hiring persons to do things which she normally would have been able to do for herself, if it had not been for the accident as described above. Claimant, Ann Zavala, has incurred or will incur medical expenses of approximately $25, 000. 00 as a result of this accident, and requests reimbursement for such expenses, -including those described above, according to proof at time of trial. Claimant's injuries are chronic and permanent, and it is believed that the above-described injuries will never heal completely. The dollar amount of Ann Zavala's claim exceeds $10, 000. 00 and is within the jurisdiction of the Superior Court,. At the time of the accident involving Claimant, Ann Zavala, she was the wife of Claimant, Joseph Alfonso Zavala. As a result of the August 8, 1995 accident at Mount Diablo „High School, Claimant, Joseph Alfonso Zavala, suffered loss of consortium damages because his wife, Claimant, Ann Zavala, was no longer able to provide him with the same love, companionship, comfort, affection, society, solace, moral support, sexual relations, physical assistance in the operation and maintenance of the home, and any and all other duties which Ann Zavala normally was able to provide her husband, Joseph Alfonso Zavala, before the August 8, 1995 accident which is the subject-matter of this Government Tort Claim. The above-described loss of consortium damages of Claimant, Joseph Alfonso Zavala, are submitted herein as a separate claim from the damages of Claimant, Ann Zavala, even though such loss of consortium damages relate to the physical and mental injuries suffered by Claimant, Ann Zavala, as described above. The dollar amount of Joseph Alfonso Zavala's claim exceeds $10, 000.00 and is within the jurisdiction of the Superior Court. 3 ' 6. The name of the public employee causing the injury: . Unknown. Dated: February 2,, 1996 17 OR orney for C1a ' a Zavala and Jo ep A nso Zavala 4 CLAIM BOARD OF SUPERvISORS OF CONTRA COSTA COUNTY, CALIFORNIA FEBRUARY 27, 1996 Claim Against the County, Or District governed by) BOARO 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: $202,962.00 Section 913 and 915.4. Please note all 'Warnings% CLAIMANT: SHAWN W CONDY �WrIlaw � ATTORNEY: FEB 0 6 1996 Gate received E�u� *oouNg�t,6 ADDRESS: 3 IMPERIAL PROMENADE, 4TH FLOOR BY OEIIVERY TO CLERK ON F �+lpl`pt�1E72CAglU]II 9 SANTA ANA, CA92707-5908 BY MAIL POSTMARKED: HAND DELIVERED,., VIA:: COUNTY COUNSEL 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. g DATED: FEBRUARY::6, 1996 IVIL BATCHELOR, Clerk JL Z01-4 0-L:x& 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 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 `U[ -1 BY, -� Deputy County Coun 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 (W/ 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: Oa-X*l- 199 c, PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING Nov. Code section 913) &*Joct to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the ail to file a court action 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 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: IRg le BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: February 2, 1996 TO: Jeanne Maglio, Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County Counsel ` e RE: Claim of Shawn W. Condy Please treat the attached as an amended notice of claim. FEB- 1-96 THU 14:05 P. 01 C• �$� CONDI' &PEREIRA Attorneys at Law 3 Imperial Promenade, Suite 400 Santa Ana, CA 92707-5707 (714) 433-7850 Fax: (714) 433-7871 FAX TRANSMISSION COVER SHEET Date: February 1, 1996 'i"o: Contra Costa County Counsel Pax.. (510) 646-1078 Re: Amended notice of claim against Contra Costa County Sheriffs, Civil Bureau Sender: ShaconW. Condy Note: YOU SHOULD R9CIi1VFx S PAGBO, INCL UDING THIS COVER S1-XFFT. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (714.) ,1,33-7850. TIIIS MF,SSAGE IS PRMLt GI;D, CONFIDENTIAL,AND EXEMPT FROM DISCLOSURE UNDER. APPLICABLE LAW AND IS INTENDED ONLY FOR THE USE OV THE INDIVIDUAL OR ENTITY TO WI•IICH ITIS ADDRESSED. IF THI: READER OF THIS MESSAGE IS NOT THE JNTENDED RECIP]hN'I', YOU ARE IIEh F.HY NOTIFIED THA'r ANY DISSH.MINATION, WI-RIBU'11ON, OR COPYING OF THIS COMMUNICATION IS STRIK-f'LY PROHIBITED. IF YOU 14AVB RECEIVED THIS COMM IJNIC:AIYON IN ERROR, PLEASE NOTIFY US IMM9DIATELY BY TFI-41,11 .ONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRIiSS VIA THE U.S. POSTAI, S1iRVICE, FEB-01-1996 14:06 P.001 FEB- 1-96 THU 14:05 P. 02 e. ' I Shawn W. Condy. k Bar# 158630 2 CONDY&PEREIRA Attorneys At Law RECEIVED 3 3 Imperial Promenade, 4th Floor Santa Ana, California 92707-5905 4 (714) 433-7850 FEB — 2 5 CLERK BOARD OF SUPERVISORS 6 Attorneys for Claimant, Shawn W. Condy CONTRA COSTA Co. 7 8 In the Matter of the AMENDED CLAIM FORDAMAGES AGAINST Claim of SHAWN W. CONDY CONTRA COSTA COUNTY SBERIFF 9 [Gov. Code §§ 910 et seq] 10 11 SHAWN W. CONDY, Claimant, presents this claim to the CONTRA COSTA COUNTY SHERIFF 12 pursuant to sections 905 et seq. of the Government Code. 13 1. Claimant's address is 3131 Bern Dr,, Laguna Beach CA, 92651. 14 2. Claimant desires notices concerning this claim to be sent to the following address: 15 3 Imperial Promenade, 4th Floor, Santa Ana, CA 92707. 16 3. The date, place, and circumstances of the occurrence giving rise to this claim are as 17 follows: On or about January 17, 1996, at 3018 Willow Pass Rd., Concord, CA 94519, the 18 Contra Costa Sheriffs, namely the supervisor in charge of the civil bureau located at the above mentioned 19 address, wrongfully and intentionally released funds, in the amount of $67,629.00 which had been 20 received pursuant to a valid levy upon the judgment debtor's bank account, back to the judgment 21 debtor's bank in deliberate violation of the duties and obligations imposed by law. 22 4. Claimant has been damaged in that he has been deprived of use of the funds in 23 satisfaction of his judgment, has incurred additional attorney's fees and casts in executing enforcement 24 of the money judgment, and has had his civil rights violated in that he has been wrongfully and 25 intentionally deprived of his property by an individual acting under the color of government authority, 26 5. The names of the public employees causing the injury, damage, or loss are: Warren E. 27 Rupf, and the supervisor(name unknown at this tilde)in charge of the Contra Costa County Sheriff's civil 28 bureau located at 3018 Willow Pass Rd., Concord, CA 94519. -1� FEB-01-1996 14:07 P,002 FEB- 1-96 THU 14;06 P. 03 1 6. The amount of claimant's claim is$ 202,962.00 2 3 Dated, February 1, 1996 4 CONDY&PEREIRA 5 tj5 B ^—r' Shawn W. Condy 7 Attorneys for Claimant, Shawn W. Condy 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .2- FEB-01-1996 14:07 P.003 FEB- 1-96 THU 14:06 I P, 04 A, NcT OF CwtiY VJi H .A ,O KBO A=ra"t 2 ,y .b,; MR ACC0%0QrS UX Pis .I [ pecorwnprdoutwt�aby�nerenumta; - (714) 433-785 .. Ahawn W. Condy:,: State_ Sar P.-1.58630 GONbY & PEREIRA, -ATTORNEYS AT LAW ' . 3 Imperial Promenade, 'Suite 400' { Santa Ana, CA 92707-5707 ATT09NHYFORD"26): Shawn W.... Gond K E o=cour•r: ORA22GE COUI,,'TY SUPERIOR COURT i 70o Civic Center brive west i Iti:aku173RES5: � _ • I I C;'r+Mi:210 Cb5st Santa —9a, CA 92701-6100 i ! ea.N:.!t,..,.EL Cenmral Distr icz 1 ;tistac, S:�AWJ! W.. COED?; ' D"FiNDANT: CIB D-z-4M:..,0P_N-TF a California C C:D^r a t i O: Costa Bhf ria- S M=-MOR;NJUM 0= GARNISHEE '12006 W;?'_oti ?ass Road (Ar=nment-€r•rtoroeomn,,&.ouogrrient) Cc a Cr_ 9 5,c t NO710E 70 PERSON SERVED WrN %Rrr M:) N01ir-2 o- L&-W Ol•+ k071Ce 0= F.i!ACHM=hi; This th[+mO and:tl r+tjs:be =X_oaetec ane naiir=0'0dSNere~ :he le n CSoer w thin 10 Ca af:ee servipe Dn S y3 y b :?ie wY anC nc� C /✓• R-3 � _I�= r� levy Qr znz�nnemz uniess you have TQUy conti_-PkeC wf:rl the W"y. FaAun COM.P1910b 21d return:-lis rnwnoranoJn nay rencie{wuu Lade ftr:ne =s^s an.. z-omey tees imr-lrr� in obmining tie reC•.tirm�.4 L^,yjr-ation. aces nr 2<:n• $. - F,:--,URN !:- COPI;s 0= i►i1S W:-.WO;AN:)UM 70 Trlfi L---WlhG o;:MICe`:. - V you wit:not Celiver:G the leti•yint v!-f!sec any proDery levia::4DOr., og=oipe ;;= 2na.na re snn 0 t n K Z ' 0'calwarm;._ 2. For writ at exec"on only des=ribs any proixrry of the pci;zaant oeD.or no:IevteC Cr,-.::.;:t;i yo,r P055g5;;aa Dr L`t%Z8.ya:r control: 2. If you Owe money to the judgment Debtor wnic` yov, will not Ray tc the levy!r,. C•ri".E', ctinriD2 :a: a6.Oun. an: tares D,tr!c obligation and the reason for not Darns It to the IevyinS ottice; (cokmnuec or;rewrss) GomAap-'7vvcoyTMa M___MORAN,bJh! 0-C;R1i;S�?=: J�a:Sir!CO�hti•p.:-0 i,!pm.t ��•tiE`.:: ..:!�(ti JJ}.. .q`, (R!—��!1mEr`•. `��'.v��e�. nom,+...�.—_ ... � .-. FEB-01-1996 14:00 P.004 FEB- 1-96 THU 14;07 P. 05 SHORT TITLF: SHAWN w. CON. V. CIB DEVELEOPMENT 1..EVYIHc OFFICER FILL NO.: ooufrr CASE 1+0,: 9T- 1,2-7,97 - 754594 �. .DBScrite the amount and terms of any obligation owed to the juogment oebtor that is levied upon but Is not yet due and payaple: For wrrt of execution only Describe the amount and term$of any obligation owed to the judgment debtor that is not levied upon: DeScnbe any claims and rights at other persons to the property of obligation levied upon that are 'known to you and the names and agaresSes of the other aersonS DECLARATION I declare under Denalty of per)ury under the laws of the state of California that the foregoing 1s true ahtl correct. Dari: 11 t; - i99c WrIVATLAV It you need fibre Space to provide the inforution required by this memorandum, you may attach atiditional pages. [] Total number of pages attached: . MEMORANDUM OF GARNISHEE •T-167,EJ-1S2(kew JWV 1.1983) (Attachment-Enforcement of Judgment) page we P.005 FEB-01-1995 14:08