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HomeMy WebLinkAboutMINUTES - 12091997 - C11 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 9, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Boar �� (Paragraph IV below), given pursuant to Go w Amount: $50,000.00 Section 913 and 915.4. Please note all "Warn` gs" CLAIMANT: Classie Foat NOV 2 1991 COUNTY COUNSEL ATTORNEY: Martin Eichner MARTINEZ CALIF. Romines, Echner Date received ADDRESS: 480 California Ave. , Ste. 304 BY DELIVERY TO CLERK ON November 19, 1997 Palo Alto, CA 94306-1609 BY MAIL POSTMARKED: November 18, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 20 1997 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy 4L)-1 ct_ II. FROM: �Gounty Counsel TO: Clerk of the Board of Supervisors LY) 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: �(_"� "� y -7 BY: - Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (V ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: p q — N 2 q 7 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 11 - In - 1921 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. r 1 CLAIM FOR MONETARY DAMAGES 2 UNDER SECTION 910 OF THE GOVERNMENT CODE 3 4 s; RECEIVED CLAIM OF CLASSIE FOAT ) 5 ) IAV 1 9199+( Claimant, ) 6 ) Vs. ) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 7 ) CONTRA COSTA COUNTY ) 8 ) Defendant. ) 9 ) 10 CLAIMANT'S ADDRESS: 11 Classie Foat c/o Martin Eichner 12 Romines & Eichner 480 California Avenue, Suite 304 13 Palo Alto, California 94306 14 AMOUNT OF CLAIM: $50, 000. 00; probable jurisdiction rests in 15 Superior Court. 16 ADDRESS TO WHICH NOTICES ARE TO BE SENT: 17 Martin Eichner Romines & Eichner 18 480 California Avenue, Suite 304 Palo Alto, California 94306 19 20 DATE OF INJURY: June 12 , 1997 21 LOCATION OF INJURY: Hwy. 680 in San Ramon near Ignacio Valley 22 exit 23 HOW DID INJURY OCCUR: Defendant failed to stop in congested 24 traffic and rearended Claimant. 25 DESCRIBE INJURY OR DAMAGE: Claimant had injuries involving her 26 neck, shoulder, and related areas, knees and rash. She has 27 incurred medical bills and possible wage loss. Property damage 28 amounted to $1,404 . 83 for vehicle repair, and $103 . 84 for rental 1 car. 2 NAME OF PUBLIC EMPLOYEES) CAUSING INJURY, IF KNOWN: Daniel Galan 3 4 DATED: November 17, 1997 5 6 , MAIfIb EICHNER 7 Attorney for Claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MONETARY DAMAGES 5910 CLAIM PAGE 2 a 1 1 �; �" '.� . � `+ f i� � � �..._- �.0 /'"•'• -\ .� �`.' � A W Ea N W �f.� T � 7 H � r p{ r-� � W � � W � � ,fi � ts- Wsx ,S � �n r+ w � F- o W v,� �3 �� � �� �?µ, Q(� W°d' 2 V �' 0 �a�© Q, �pC, `�O �,4a. w ROMINES 6, EICHNER ATTORNEYS AT LAW r 480 CALIFORNIA AVENUE, SUITE304 PALO ALTO, CALIFORNIA 94306 Telephone(415)327-2700 November 18 , 1997 Facsimile(415)324-8671 Clerk of the Board of Supervisors 651 Pine Street, lst .Floor, Room 106 Martinez , California 94553 Re: Foat v. Contra Costa Co. Enclosed you will find the following: CLAIM FOR MONETARY DAMAGES UNDER pc�C'�/�� SECTION 910 OF THE GOVERNMENT CODE ;;. RECEIVED V WV 19 B97 being forwarded to you for the purpose designated below: cLER:CONTRACOs A co isoRs File. File and return file-endorsed copies in the enclosed self-addressed envelope. Signature by the Court and return to the undersigned. Signature by the Court, filing of the original and return of the file-endorsed copies in the enclosed self-addressed envelope. Signature on page , line as your name appears. For your records. Recording and return the conformed copy in the enclosed self-addressed envelope. A check for $ is enclosed. xx A .reply envelope is enclosed for your use. Please provide copy of receipt. Issue summons and return conformed copy to the undersigned. XX Please take appropriate action. Sincerely, ROMINES & EICHNER By. lane E, Pensinger CLAIM BOARD OF SUPERVISORS •OF CONTRA COSTA COUNTY, CALIFORNIA December 9, 1997 Claim Against- the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to G ®�� Amount: $50,000 + Section 913 and 915.4. Please note all 1 nings". M) CLAIMANT: Karen Harper and Alyssa Harper NOV Z 0 1997 COUNTY COUNSEL ATl ORNEY: MARTINEZ CALIF. Date received ADDRESS: 350 Scotts Valley Road BY DELIVERY TO CLERK ON Hercules, CA 94547 November 14 1997 BY MAIL POSTMARKED: , Certified Mail I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Jgr DATED: November 20, 1997 JtjIL BeputyLOR, Clerk II. FROunty 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: BY: �• Deputy County Counsel ? III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( J) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: - PHIL BATCHELOR, Clerk, By A Q 0 0, Deputy Clerk Gc 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: I _ la — joci 2 BY: PHIL BATCHELOR b Lod Deputy Clerk CC: County Counsel County Administrator 1I/!lily( 1b=4'1 'LY41b 3yl tSybS WALKUP LAW r 1 ml VJ eas • Y , Karen Harper 300 Scotts Valley 'Road RECEIVE® Herculea, CA 94547 � - �. Telephone: 510-724-0850 Vv 17. � ! Claimant CLERK BOARD OF A Cil.SOhS CLAIM FOR DAMAGES AGAINST CONN COSTA COUNTY AND MERRITHTW MBMORIAL HOSPITAL TO: MERRITHEW MEMORIAL HOSPITAL 2500 Alhambra Avenue Martinez, CA 94553 CONTRA COSTA COUNTY BOARD OF SUPERVISORS 651 Pine Street Martinez, CA 94553 The following claim is hereby made by and on behalf of Karen Harper and Alyssa Harper against Contra Costa County and Merrithew Memorial Hospital. A. NAME AND POST OFFICE ADDRESS OF CLAIMANTS: Karen Harper Alywyd Ifdt'j yr 350 Scotts Valley Road Hercules, CA 94547 B. ADDRESS TO WHICH NOTICES ARX TO BE SENT: Karen Harper 350 Scotts Valley Road Hercules, CA 94547 C. DATE OF OCCURRENCE: May 14, 1997 D. PLACE OF OCCURRENCZe Merrithew Memorial Hospital E. OTHER CIRCUMSTANCES OF OCCUR R3MCE; The claimants are the heirs of Curtis Harper, deceased. Mr. Harper was a patient at Merrithew Memorial Hospital prior to his death. During his medical evaluation, employees of . the hospital negligently treated and diagnosed him, resulting in the delayed recognition of severe abdominal injuries that eventually caused his death. 11/t3iy! Lti 4t5 10415 4VI bVbb Y(ALKUt' LAW t•IKM tQJd�d9 Claim for Damages Page 2 F. ITEMIZATION OF INJURIES AND DAMAGES To THE CLAIMANTSs The claimants have wrongful death claims stemming from the death of their husband and father. G. BCONGMIC LOSSES.- The OSSES:The medical bills and other economic losses are unascertained at present. H. MOLOYERS CAUSING INJURY AND DAMAGE% The names of Lhe employees of said public entity responsible for the occurrence herein described are unknown to claimants at this time. I. AMOUNTS CLAIMED: Damages for all claimants exceed $50,000, and the appropriate cuuLL of jurisdiction is the Superior Court of California, County of Contra Costa. DATED: KAREN HARPER ' J� �..1 r N ni c cr CP ni M1RM1-� rkh V` R �JJ C O O OCD b p O �* J N A � r Ln rn, z m c C=D 3{cDC'4� 0 0-ar= n,N c.c.cnrn---r o. z• 4snoV O n. CLAIM C- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 9, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Gov e Amount: $250.00 Section 913 and 915.4. Please note all "Wa gs". II�� CLAIMANT: Herbert A. Bowen NOV 2 0 1997 COUNTY COUNSE ATTORNEY: MARTINEZ CALIF.L ATINZCALIFL 420 Rollin Lane Date received November 17. 1997 ADDRESS: Alamo, CA 94507 BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: November 14, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED: November 20, 1997 : Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( L< 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: IL g 7 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( J ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By XL14 a / Deputy Clerk 0 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: I 'a _ BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator Claim to: 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 Beard 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 l o,=—ty, %he ncwue Of the -should be filiea 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 To-FE. RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED Y Against the County of Contra Costa ) AN 1 71997 or ) District) CLERK ONTRAO8 ARDF S A ERVISORS Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ d,S 0 ®d and in support of this claim represents as follows: 1. When 'did the damage or injury occur (rive exact dace 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) 4. What particular act or omission on the part of county or district officers, .servants or .employees caused the injury or-damage? f/VsU/ 779-6 (over) 7. What are the names of county or district officers, servants or employees causing the damage or injury? - 5. What damage .or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 1172 _ �� 7 �/SCI 0/'v 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. 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': � ttorne ) or by s9mg person o his. behalf." Name and Address of Attorney Claimant's Signature (Address) �} Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to. allow or pay the same if .genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a'period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such 1'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. = T- ` w- ° 395 2061 Camino Raman•San Ramon,CA 94583 5101901-1440 P,FAX 510/901-1401 a_ NAME DATE- CITY- CAS ATE:CITY:Cni PHO1%E. =LENING F.-KINE g LJCENSE PLATE R: v r'l�lj ? D (� �vSyZ '1 J Z xTi� r YEAR: HAKE: GOLM: m �S � �- r•c1 j� �a IT OOt. OYOFL'EHICIE: ) / l �t ES7MA_ AI.SOI VC flF�pUr1OE? DELIt'EF0 76VE RECEIVSD: T ME�ROV!tSED: PHONE WHEN READY? Sponges Professional Interior $ Sperges SucerShirre $ Sponges Harid Wash Spurges Fr�SBtonal Shine $ Ph#: 901-1400 Q➢port�es Pro`essional Complete Detail Spend s 4 e 40pril 11-09-97 ALA CARTE SERVICES SH I,FT# 4 TERM I NAL# G CA e 3K�iV628 S## 7161 G)hampoo Carpats Front_____ Vid ____.dleSack_ A°'� . __._.. ._. ..... S ---------------.._,....Y.--,,,_-- m Tar Removal 250. 00 In hampx Seats From h!idd'e____ Back,_ 0-namFc-o Floor t.%ts Subber'?_ Carpet?` Ouar�r;—... .......... .. $ TOTAL $ —45 0 + 00 Other- CC X50. 00 es[3 krsriar Leatar Seats) Doors_ asst AiJ� ......_... .. $ f --------------------- ln Wpet&Faoric PM-ector Carpets_ Fabric___._ Brig ........._. ..... $ N ..... 10— — ad TarRerro:� �4..G4� ...._...._....._ ._... ......... ..... $ SPONGES ��C THANES YOU FOR YOUR �ersaraynemcvat .. ..... .............. ...... .. ..................... $ PATRONAGE g['re Gdeanig Top____ Bottom____ Scsth____.. .._. . ... .......... .. $ PLEASE SAVE 10 Zhorimed 6y .. .... ..... ........ .... .. .................TOTALAMOUNT $ HANDWASH RECEIPTS Special ira x d.'ans8 Disclaimers: Dash Dressing ©ariard J wlatte FOR �:' OFF YOUR _ NEXT FULL L DETAIL REQ 9 i WRITTEN SY _ —r ': u .; �� e ppyy� _ �I, Y �,1 j .t �� � y i i� � � � r. til +` � t s a; i ._ '� � `f a`�' M _ � i `�' '{ . � V � � S�1 '�( i' -` V 6,1 Q N �Q �..V a o �d CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 9, 1997 Claim-Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and.Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all " .awing) CLAIMANT: California State Automobile Association NQV 2 0 1997 Claim # 04-X573677 (Craig or Adriann Mizell) Claim Representative COUNTY COUNSEL Bridget Wyatt Date received MARTINEZ CALIF. ADDRESS: 2055 Meridian Park Blvd. BY DELIVERY TO CLERK ON November 17, 1997 PO Box 4019 Concord, CA 94520-5767 BY MAIL POSTMARKED: Hand Delivered via: Risk Mzmt. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk N DATED: November 20, 1997 �a: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (i/I This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: 1��� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( } Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (A This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: iaIcn PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: Ir - 19 q 7 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator California State Automobile Association • �r1•As ®� Inter-Insurance Bureau 11/13/97 RECEIVED NOV 1 71997 Liability Claims Contra Costa County Office of Risk Management CLERK BOARD OF SUPERVISORS 615 Pine Street CONTRA COSTA CO. Martinez, Ca 94553 Re: Our Insured: Mizell, Craig or Adriann Our Claim No.: 04-X573677 Date of Loss: 08-09-97 Your Insured: Central Contra Costa Transit Authority Your Claim No.: J 97-5230 Dear To Whom It May Concern: This is notice of our subrogation interest arising from this loss. We are in the process of settling the claim directly with our insured. We will forward copies of the repair bills as soon as they are available. A County Connection Bus, number 9636, driven by Edgardo Aparicio hit our Insured's vehicle on Clayton Road in Concord, California. Sincerely, Bridget Wyatt Claim Representative 510-671-2708 extension 340 2055 Meridian Park Boulevard•Concord,CA 94520-5767•P.O. Box 4019• Concord,CA 94520-5767•510 671-2708 F1114(5-93) (' , ) I CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 9, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to GW[Ej) Amount: Unknown Section 913 and 925.4. Please note allZMinC9s". CLAIMANT: California Indemnity Insurance Company NOV 14 1997 ATTORNEY: tansies y. Jgn�fisn, Esq. MARTINEZCALIFL Brian S. Momsen, Esq. Date received ADDRESS: Leach & English BY DELIVERY TO CLERK ON 601 Montgomery St. , Ste. 1150 NovPml�er 1R, 1 C)97 San Francisco, CA 94111 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 14 1997 ppHH I L BATCHELOR, Clerk ' DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (� This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: fie- 17 BY: ��, � , Aia�_Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /.I _Q q - J 9 9 PHIL BATCHELOR, Clerk, By J44A V11Deputy 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: IP-- in _ q 7 BY: PHIL BATCHELOR by� eputy Clerk CC: County Counsel County Administrator g`� use""ate, VICTOR J. WESTMAN OFFICEDF-COU L DEPUTIES: PHILLIP S.ALTHOFF COUNTY COUNSEL COIVTFtfAC®��/�t5��U Nw SHARON L ANDERSON F� i ANDREA W.CASSIDY ¢„ VICKIE L.DAWES ARTHUR W.WALENTA,.JR. COUNTY ADMIN ISTRATION BUILDING; MARKE S.ESTIS ASSISTANT COUNTY COUNSEL ` MICHAEL D.FARR 651PINE STREET 9th:FLOOR LILLIAN T.Fwu MARTINEZ CALIFORNIA 94553-1288 cAROLs.GoaooN SILVANO B. MARCHESI DENNIS C.GRAVES ASSISTANT COUNTY COUNSEL � a GREGORY C.HARVEY KEVIN T.KERR GAYLE MUGGLI EDWARD V.LANE,JR. VIVIAN LILY OFFICE MANAGER MARYANN MASON NOTICE OF INSUFFICIENCY ADAM D.MILLER PHONE(510)335-1800 PAUL R.MUNIZ FAX(510)646-1078 AND/OR DAVID F.VALERIE JRANCHE S.CHMIDT J. NON-ACCEPTANCE OF CLAIM WILLIAM M SILVER M E.SIMMONS JACQUELINE Y.WOODS MARY E.WRIGHTSON TO: James L. English, Esq. Leach& English 601 Montgomery St., Ste. 1150 San Francisco, CA 94111 RE: CLAIM OF: Calif. Indemnity Insurance Co./Insured Jorge Basual 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. [ j 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ J 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. Page 1 [XX) 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. *Highway 4 is not under the control or management of Contra Costa County. VICTOR J. WESTMAN, County Counsel By: 11'e-puty 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;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 18, 1997,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 1 JAMES L. ENGLISH, ESQ., #55319 BRIAN S. MOMSEN, ESQ., #154235 2 LEACH & ENGLISH 601 Montgomery Street, Suite 1150 3 San Francisco, CA 94111 (415) 249-4800 4 Attorneys for Claimant, 5 CALIFORNIA INDEMNITY INSURANCE COMPANY 6 7 8 IN THE STATE OF CALIFORNIA 9 BEFORE THE COUNTY OF CONTRA COSTA 10 n 11 CALIFORNIA INDEMNITY ) No. x INSURANCE COMPANY, 12 ) TORT CLAIM z s Claimant, ) W y h 6t 13 ) U * J � 14 v w .. ) RECEIVED a STATE OF CALIFORNIA, 15 ) 10 Respondent. ) OV 1]FSIIU 997 16 ) 17 ) CLERK OARa OPERVI CONTRA COSTA CO. 18 To the County of Contra Costa: 19 You are hereby notified that California Indemnity Insurance Company, whose address is 20 5627 Gibraltor Drive, Pleasanton, California 94566 claims damages from the State of California 21 for workers compensation benefits paid and payable for medical expenses on account of injuries 22 incurred by Jorge Basual prior to his death and to the heirs of Jorge Basual on account of the death 23 of Mr. Basual. 24 Claimant is the workers compensation insurer for DMC Concrete. 25 Or about May 13, 1997 an employee of DMC Concrete, Jorge Basual, was killed in an 26 automobile accident, which took place approximately .16 miles west of Bixler Road on State 27 Highway 4, near the town of Byron, in unincorporated Contra Costa County. At the time of the 28 accident, Mr. Basual was in the course and scope of his employment with DMC Concrete and as I a result, claimant has incurred or will incur in the future, `liabilities for workers compensation 2 benefits paid and/or payable to the heirs of Jorge Basual and payable for medical expenses on 3 account of injuries incurred by Mr. Basual prior to his death. 4 Jorge Basual was a passenger in a 1986 Pontiac 6000, driven by Aureliano Vivero, which 5 collided head on with a Ford Tractor Trailer Truck, driven by Evaristo Aguilar. The impact killed 6 Mr. Basual and the other three employee occupants of the Pontiac. The scene of the accident, 7 State Route 4, is a two-lane undivided highway travelling east-west with one lane for each direction 8 of travel. Claimant alleges the accident was caused by a dangerous condition of Highway 4 as set 9 forth below. 10 This stretch of Highway 4 has been the location of several motor vehicle accidents, n 11 including head-on collisions. According to our information, this was the sixty-fourth motor vehicle a 12 collision on this stretch of highway since 1993, and nine people have died in these collisions. 00 z - U -It 13 CalTrans estimates that 15,500 vehicles pass through the scene of this accident each day. Despite w14 several years of urban growth near the scene of this accident, numerous other serious accidents 15 on this stretch of roadway and substantial complaints from local residents, neither the State, the 16 County nor any other government entity has made this dangerous roadway safe for motorists. In 17 fact, these government entities have approved and allowed the construction near the accident site 18 of several housing developments by private builders, without first improving Highway 4 or 19 requiring that these builders do so. 20 Claimant alleges that Highway 4 at and near the scene of this accident was unreasonably 21 narrow for the volume of traffic which travels this roadway on a daily basis. The highway had 22 inadequate lane dividers, inadequate warning signs, an excessive posted speed limit, and a median 23 line, which was barely visible even during clear, daylight conditions. Also, there was a large 24 shoulder adjacent to the west-bound lane of Highway 4, nearly as wide as the lane itself, which 25 ended suddenly without warning just before the scene of the accident, giving west-bound motorists 26 ; the impression that they must merge their vehicle to their left.' 27 28 ' Claimant reserves the right to mention any further discovered conditions, defects, or otherwise in either an amended claim or later Superior Court Complaint. 2 1 Claimant believes the roadway where the accident occurred, including the shoulder, was 2 owned or controlled by the State of California and or the County of Contra Costa. 3 The names of the public employees causing the injury are unknown. 4 Jurisdiction over the claim would rest in Superior Court. 5 All notices or other communications with regard to this claim should be sent to Leach and 6 English, attorneys for claimant, at 601 Montgomery Street, Suite 1150, San Francisco, California 7 94111. 8 DATED: November 7, 1997 LEACH & ENGLISH 9 10 7 11 J L. ENGLISH,jASQ. x A orneys for Claimant 12 California Indemnity Insurance Company. z � v "T W ° "!A - 13 O 7 N iz- U 0 14 e a a ° 15 0 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 9, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. } the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to GoverI W Amount: Unknown Section 913 and 915.4. Please note all "Warn M CLAIMANT: California Indemnity Insurance Company N 0 V 14 1997 Insured Aureliano uivero COUNTY COUNSEL ATTORNEY: James L. English, Esq. MARTINEZ CALIF. Brian S. Momsen, Esq. Date received ADDRESS: I-.each & English BY DELIVERY TO CLERK ON Nnx7ember� 1(1()7601 Montgomery St. , Ste. 1150 San Francisco, CA 94111 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: November 14, 1997 JYIL BATCyELOR, Clerk epu (17 II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ((/)'This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated /HO-17 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present V This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: lk-D q- a9 7 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: I - J (7 — Jq Z BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator VICTOR J.WESTMAN OFFICL&"66 U N`TfYCOUNSEL DEPUTIES: ; = l PHILLIP S.ALTHOFF COUNTY COUNSEL w�Tp t /� ^ e ,�1 �/ SHARON L.ANDERSON CON1��1�-C0��A' VOUNTi ANDREA W.CASSIDY + — VICKIE L.DAWES ARTHUR W.WALENTA,JR. COUNtYADMINISTRATION BUILDING,= MARKE S.ESTIS .. 1 ASSISTANT COUNTY COUNSEL `�� j �' MICHAEL D.FARR 651{:PINE STREET 9&FLOOR T. �, x. LILLIAN FUJII MARTINEZ; CALIFORNIA94553-1288 CAROLS.GORDON SILVANO B. MARCHESI a o` DENNIS C.GRAVES ASSISTANT COUNTY COUNSEL — �� GREGORY C.HARVEY " a KEVIN T.KERR EDWARD V.LANE,JR. GAYLE MUGGLI OFFICE MANAGER MARRYYANN MASON VIVIAN LILY NOTICE OF INSUFFICIENCY M ADAM D.MILLER PHONE(510)335-1800 PAUL R.MUNIZ FAX(510)646-1078 ANDZOR DAVID F.S HMIDTE DIANA J.SILVER NON-ACCEPTANCE OF CLAIM WILLIAM E.SIMMONS JACQUELINE Y.WOODS MARY E.WRIGHTSON TO: James L. English, Esq. Leach&English 601 Montgomery St., Ste. 1150 San Francisco, CA 94111 RE: CLAIM OF: Calif. Indemnity Insurance CoAnsured Aureliano Vivero 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. [ ] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. Page 1 [XX] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. *Highway 4 is not under the control or management of Contra Costa County. VICTOR J. WESTMAN, County Counsel By: 7'l Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 18, 1997,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 1 JAMES L. ENGLISH, ESQ., #55319 BRIAN S. MOMSEN, ESQ., #154235 2 LEACH & ENGLISH 601 Montgomery Street, Suite 1150 3 San Francisco, CA 94111 (415) 249-4800 4 Attorneys for Claimant, 5 CALIFORNIA INDEMNITY INSURANCE COMPANY 6 7 8 IN THE STATE OF CALIFORNIA 9 BEFORE THE COUNTY OF CONTRA COSTA 10 n 11 CALIFORNIA INDEMNITY ) No. x INSURANCE COMPANY, ) a 12 ) TORT CLAIM o w s Claimant, ) 13 ) �j N x o n V. ) , RECEIVED 0w S 14 ) a 0 STATE OF CALIFORNIA, s 15 j NOV 10 1997 Respondent. ) 16 ) CLER BO�`.RD OF SUPERVISORS CONTRA COSTA CO3- 17 18 To the County of Contra Costa: 19 You are hereby notified that California Indemnity Insurance Company, whose address is 20 5627 Gibraltor Drive, Pleasanton, California 94566 claims damages from the State of California 21 for workers compensation benefits paid and payable to the heirs of Aureliano Vivero on account 22 of the death of Mr. Vivero. 23 Claimant is the workers compensation insurer for DMC Concrete. 24 Or about May 13, 1997 an employee of DMC Concrete, Aureliano Vivero, was killed in 25 an automobile accident, which took place approximately .16 miles west of Bixler Road on State 26 Highway 4, near the town of Byron, in unincorporated Contra Costa County. At the time of the 27 accident, Mr. Vivero was in the course and scope of his employment with DMC Concrete and as 28 \\ 1 a result, claimant has incurred or will incur in the future, liabilities for workers compensation 2 benefits paid and/or payable to the heirs of Aureliano Vivero. 3 Aureliano Vivero was the driver in a 1986 Pontiac 6000, which collided head on with a 4 Ford Tractor Trailer Truck, driven by Evaristo Aguilar. The impact killed Mr. Vivero and the 5 other three employee occupants of the Pontiac. The scene of the accident, State Route 4, is a two- 6 lane undivided highway travelling east-west with one lane for each direction of travel. Claimant 7 alleges the accident was caused by a dangerous condition of Highway 4 as set forth below. 8 This stretch of Highway 4 has been the location of several motor vehicle accidents, 9 including head-on collisions. According to our information, this was the sixty-fourth motor vehicle 10 collision on this stretch of highway since 1993, and nine people have died in these collisions. n 11 CalTrans estimates that 15,500 vehicles pass through the scene of this accident each day. -Despite a 3 a o 12 several years of urban growth near the scene of this accident, numerous other serious accidents 13 on this stretch of roadway and substantial complaints from local residents, neither the State, the N x C w 14 County nor any other government entity has made this dangerous roadway safe for motorists. In� v e a 15 fact, these government entities have approved and allowed the construction near the accident site 16 of, several housing developments by private builders, without first improving Highway 4 or 17 requiring that these builders do so. 18 Claimant alleges that Highway 4 at and near the scene of this accident was unreasonably 19 narrow for the volume of traffic which travels this roadway on a daily basis. The highway had 20 inadequate lane dividers, inadequate warning signs, an excessive posted speed limit, and a median 21 line, which was barely visible even during clear, daylight conditions. Also, there was a large 22 shoulder adjacent to the west-bound lane of Highway 4, nearly as wide as the lane itself, which 23 ended suddenly without warning just before the scene of the accident, giving west-bound motorists 24 the impression that they must merge their vehicle to their left.' 25 Claimant believes the roadway where the accident occurred, including the shoulder, was 26 owned or controlled by the State of California and or the County of Contra Costa. 27 28 ' Claimant reserves the right to mention any further discovered conditions, defects, or otherwise in either an amended claim or later Superior Court Complaint. 2 I The names of the public employees causing the injury are unknown. 2 Jurisdiction over the claim would rest in Superior Court. 3 All notices or other communications with regard to this claim should be sent to Leach and 4 English, attorneys for claimant, at 601 Montgomery Street, Suite 1150, San Francisco, California 5 94111. 6 7 DATED: November 7, 1997 LEACH & ENGLISH 8 9 7 10 JttoES L. ENGLISH, Q. rneys for Claimant 11 California Indemnity Insurance Company. 12 a O o 0 z U � 13 w y � � U � o s 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 9, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Amount: Unknown Section 913 and 915.4. Please note all ^War ' Z) CLAIMANT: California Indemnity Insurance Company NOV 14 1997 Insured Gilardo Coutino ATTORNEY: James L. English, Esq. QOUNTY COUNSEL Brian S. Momsen, Esq. Date received MAPITINEZOALiF. ADDRESS: Leach & English BY DELIVERY TO CLERK ONGl�teII7har 1A 1A97 601 Montgomery St. , Ste. 1150 San Francisco, CA 94111 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 14 1997 EVIL BATCHELOR, Clerk DATED: BY: Deputy. II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( L-r 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: ZAL— 07 BY:- �1 • lowDeputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (V ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: I _ o - i G q 7 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator EZ � x VICTOR J.WESTMAN OFFICE,OF COUNTYOUNSEL DEPUTIES: PHILLIP S.ALTHOFF COUNTY COUNSEL /10N�!I�� �1®��A ®�NT" SHARON L.ANDERSON CONT , u /1 y ANDREA W.CASSIDY - VICKIE L.DAWES ARTHUR W.WALENTA,JR. COUNTYADMINISTRATION IL IN MARKE S.ESTIS ASSISTANT COUNTY COUNSEL651 PINE STREET 9th FLOOR LILL AN T FUJI1 SILVANO B. MARCHESI MARTINEZ;CALIFORNIA 945,53-1288 CAROL S.CORDON DENNIS C.GRAVES ASSISTANT COUNTY COUNSELGREGORY C.HARVEY KEVIN T.KERR GAYLE MUGGLI EDWARD V.LANE,JR. VIVIAN LILY OFFICE MANAGER MARYANN MASON NOTICE OF INSUFFICIENCY ADAM D.MILLER PHONE(510)335-1800 PAUL R.MUNIZVALERIE J.RANCHE FAX(510)646-1078 AND/OR DAVID F.SCHMIDT DIANA J.SILVER NON-ACCEPTANCE OF CLAIM WILLIAM E.SIMMONS JACQUELINE Y.WOODS MARY E.WRIGHTSON TO: James L. English, Esq. Leach& English 601 Montgomery St., Ste. 1150 San Francisco, CA 94111 RE: CLAIM OF: Calif. Indemnity Insurance Co./Insured Gilardo Coutino 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. [ ] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would,rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. Page 1 [XX] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. *Highway 4 is not under the control or management of Contra Costa County. VICTOR J. WESTMAN, County Counsel By: eputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§ 641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 18, 1997,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 I JAMES L. ENGLISH, ESQ., #55319 BRIAN S. MOMSEN,,ESQ., #154235 2 LEACH & ENGLISH 601 Montgomery Street, Suite 1150 3 San Francisco, CA 94111 (415) 249-4800 4 Attorneys for Claimant, 5 CALIFORNIA INDEMNITY INSURANCE COMPANY 6 7 8 IN THE STATE OF CALIFORNIA 9 BEFORE THE COUNTY OF CONTRA COSTA 10 11 CALIFORNIA INDEMNITY ) No. x INSURANCE COMPANY, a a o 12 ) TORT CLAIM °z 4 Claimant, ) V. REC 14 15 STATE OF CALIFORNIA, ) NOV 10199 Respondent. ) 16 ) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 17 18 To the County of Contra Costa: 19 You are hereby notified that California Indemnity Insurance Company, whose address is 20 5627 Gibraltor Drive, Pleasanton, California 94566 claims damages from the State of California 21 for workers compensation benefits paid and payable to the heirs of Gilardo Coutino on account of 22 the death of Mr. Coutino. 23 Claimant is the workers compensation insurer for DMC Concrete. 24 Or about May 13, 1997 an employee of DMC Concrete, Gilardo Coutino, was killed in an 25 automobile accident, which took place approximately .16 miles west of Bixler Road on State 26 Highway 4, near the town of Byron, in unincorporated Contra Costa County. At the time of the 27 accident, Mr. Coutino was in the course and scope of his employment with DMC Concrete and 28 \\ 1 as a result, claimant has incurred or will incur in the future, liabilities for workers compensation 2 benefits paid and/or payable to the heirs of Gilardo Coutino. 3 Gilardo Coutino was a passenger in a 1986 Pontiac 6000, driven by Aureliano Vivero, 4 which collided head on with a Ford Tractor Trailer Truck, driven by Evaristo Aguilar. The 5 impact killed Mr. Coutino and the other three employee occupants of the Pontiac. The scene of 6 the accident, State Route 4, is a two-lane undivided highway travelling east-west with one lane for 7 each direction of travel. Claimant alleges the accident was caused by a dangerous condition of 8 Highway 4 as set forth below. 9 This stretch of Highway 4 has been the location of several motor vehicle accidents, 10 including head-on collisions. According to our information, this was the sixty-fourth motor vehicle n 1.1 collision on this stretch of highway since 1993, and nine people have died in these collisions. a 3 0 12 CalTrans estimates that 15,500 vehicles pass through the scene of this accident each day. Despite zt38U4 W � o� 13 several years of urban growth near the scene of this accident, numerous other serious accidents m U 14 on this stretch of roadway and substantial complaints from local residents, neither the State, the � mw e W o a 15 County nor any other government entity has made this dangerous roadway safe for motorists. In 0 16 fact, these government entities have approved and allowed the construction near the accident site 17 of several housing developments by private builders, without first improving Highway 4 or 18 requiring that these builders do so. 19 Claimant alleges that Highway 4 at and near the scene of this accident was unreasonably 20 narrow for the volume of traffic which travels this roadway on a daily basis. The highway had 21 inadequate lane dividers, inadequate warning signs, an excessive posted speed limit, and a median 22 line, which was barely visible even during clear, daylight conditions. Also, there was a large 23 shoulder adjacent to the west-bound lane of Highway 4, nearly as wide as the lane itself, which 24 ended suddenly without warning just before the scene of the accident, giving west-bound motorists 25 the impression that they must merge their vehicle to their left.' 26 \\ 27 28 1 Claimant reserves the right to mention any further discovered conditions, defects, or otherwise in either an amended claim or later Superior Court Complaint. 2 1 1 Claimant believes the roadway where the accident occurred, including the shoulder, was 2 owned or controlled by the State of California and or the County of Contra Costa. 3 The names of the public employees causing the injury are unknown. 4 Jurisdiction over the claim would rest in Superior Court. 5 All notices or other communications with regard to this claim should be sent to Leach and 6 English, attorneys for claimant, at 601 Montgomery Street, Suite 1150, San Francisco, California 7 94111. 8 9 DATED: November 7, 1997 LEACH & ENGLISH 10 11 -7 12 Citorneyyl . ENGLISH, Q. w for Claimant 13 California Indemnity Insurance Company. xi O E q e 0w 14 0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December- g', 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Gov Amount: Unknown Section 913 and 915.4. Please note all "Wa gs . ���� CLAIMANT: California Indemnity Insurance Company NOV 14 9997 Insured Francisco Mendoza UNSEL ATTORNEY: James L. English, Esq. COUNTYTINE CALIF. Brian S. Momsen, Esq. Date received MARTINEZ CALIF. ADDRESS: Leach & English BY DELIVERY TO CLERK ON Nnine,a er 1D 1AA7 601 Montgomery St. , Ste. 1150 San Francisco, CA 94111 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gg DATED: November 14, 1997 galL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (1-1'--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: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (v') This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /a - 0 q —1019 7 PHIL BATCHELOR, Clerk, By1V4 4 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: 11 - 10 _I cj Q(� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator VICTOR J. WESTMAN OFFICE,OF COUNTY�C,OUNSEL DEPUTIES: COUNTY COUNSEL- /��`�``p /'� � �� y" SHARON L.ANDERSON COZY C R COSTA G®UNT I ANDREA W.CASSIDY "°° VICKIE L.DAWES ARTHUR W.WALENTA,JR. COUNTYADMINISTRATION BUILDING= MARKE S.ESTIS ASSISTANT COUNTY COUNSEL �`' MICHAEL D.FARR 651�PINE STREET 9th'FLOOR LILLIAN TFUJO MARTINEZr, CALIFORNIA:945,53 1288 cAROLs.GORDON SILVANO B. MARCHESI ". DENNIS C.GRAVES ASSISTANT COUNTY COUNSEL GREGORY C.HARVEY KEVIN T KERR GAYLE MUGGLI EDWARD V.LANE,JR. VIVIAN LILY OFFICE MANAGER MARYANN MASON NOTICE OF INSUFFICIENCY ADAM D.MILLER PHONE(510)335-1800 PAUL R.MUNIZ FAX(510)646-1078 AND/OR VALERIE J. RANCHE DAVID F.SCHMIDTHMIDT DIANA J.SILVER NON-ACCEPTANCE OF CLAIM WILLIAM E'SIMMONS JACQUELINE Y.WOODS MARY E.WRIGHTSON TO: James L. English, Esq. Leach & English 601 Montgomery St., Ste. 1150 San Francisco, CA 94111 RE: CLAIM OF: Calif. Indemnity Insurance Co./Insured Francisco Mendoza 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. [ ] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand.dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. Page 1 [XX] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. *Highway 4 is not under the control or management of Contra Costa County. 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: November 18, 1997,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 1 JAMES L. ENGLISH, ESQ., #55319 BRIAN S. MOMSEN, ESQ., #154235 2 LEACH & ENGLISH 601 Montgomery Street, Suite 1150 3 San Francisco, CA 94111 (415) 249-4800 4 Attorneys for Claimant, 5 CALIFORNIA INDEMNITY INSURANCE COMPANY 6 7 8 IN THE STATE OF CALIFORNIA 9 BEFORE THE COUNTY OF CONTRA COSTA 10 n 11 CALIFORNIA INDEMNITY ) No. x INSURANCE COMPANY, a 3 a g 12 ) TORT CLAIM Claimant, ) w h65 -, 13 ) C N ) m xi O � Gni v 14 ED RECEN STATE OF CALIFORNIA, s 15 ) Respondent. ) NOV I 1 .01997 16 ) 17 ) CLERK BOARD OF A Co ISORS 18 To the County of Contra Costa: 19 You are hereby notified that California Indemnity Insurance Company, whose address is 20 5627 Gibraltor Drive, Pleasanton, California 94566 claims damages from the State of.California 21 for workers compensation benefits paid and payable to the heirs of Francisco Mendoza on account 22 of the death of Mr. Mendoza. 23 Claimant is the workers compensation insurer for DMC Concrete. 24 Or about May 13, 1997 an employee of DMC Concrete, Francisco Mendoza, was killed 25 in an automobile accident, which took place approximately .16 miles west of Bixler Road on State 26 Highway 4, near the town of Byron, in unincorporated Contra Costa County. At the time of the 27 accident, Mr. Mendoza was in the course and scope of his employment with DMC Concrete and 28 \\ 1 as a result, claimant has incurred or will incur in the future, liabilities for workers compensation 2 benefits paid and/or payable to the heirs of Francisco Mendoza. 3 Francisco Mendoza was a passenger in a 1986 Pontiac 6000, driven by Aureliano Vivero, 4 which collided head on with a Ford Tractor Trailer Truck, driven by Evaristo Aguilar. The 5 impact killed Mr. Mendoza and the other three employee occupants of the Pontiac. The scene of 6 the accident, State Route 4, is a two-lane undivided highway travelling east-west with one lane for 7 'each direction of travel. Claimant alleges the accident was caused by a dangerous condition of 8 Highway 4 as set forth below. 9 This stretch of Highway 4 has been the location of several motor vehicle accidents, 10 including head-on collisions. According to our information, this was the sixty-fourth motor vehicle 11 collision on this stretch of highway since 1993, and nine people have died in these collisions. 12 CalTrans estimates that 15,500 vehicles pass through the scene of this accident each day. Despite Z 13 several years of urban growth near the scene of this accident, numerous other serious accidents VN-i o 4 14 on this stretch of roadway and substantial complaints from local residents, neither the State, the 15 County nor any other government entity has made this dangerous roadway safe for motorists. In 0 16 fact, these government entities have approved and allowed the construction near the accident site 17 of several housing developments by private builders, without first improving Highway 4 or 18 requiring that these builders do so. 19 Claimant alleges that Highway 4 at and near the scene of this accident was unreasonably 20 narrow for the volume of traffic which travels this roadway on a daily basis. The highway had 21 inadequate lane dividers, inadequate warning signs, an excessive posted speed limit, and a median 22 dine, which was barely visible even during clear, daylight conditions. Also, there was a large 23 shoulder adjacent to the west-bound lane of Highway 4, nearly as wide as the lane itself, which 24 ended suddenly without warning just before the scene of the accident, giving west-bound motorists 25 the impression that they must merge their vehicle to their left.' 26 \\ 27 28 ' Claimant reserves the right to mention any further discovered conditions, defects, or otherwise in either an amended claim or later Superior Court Complaint. 2 I 1 Claimant believes the roadway where the accident occurred, including the shoulder, was 2 owned or controlled by the State of California and or the County of Contra Costa. 3 The names of the public employees causing the injury are unknown. 4 Jurisdiction over the claim would rest in Superior Court. 5 All notices or other communications with regard to this claim should be sent to Leach and 6 English, attorneys for claimant, at 601 Montgomery Street, Suite 1150, San Francisco, California 7 94111. 8 9 DATED: November 7, 1997 LEACH & ENGLISH 10 a a o 12 J L. ENGLISH, Q. Attorneys for Claimant Z ° qua 13 w h California Indemnity Insurance Company. � U x a s � 04 14 A4 a o 0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CLAIM C SII BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 9, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Gover av% Amount: $200.00 Section 913 and 915.4. Please note all "WarAF CLAIMANT: Van Martin NOV 14 1997 COUNTY COUNSEL ATTORNEY: MARTINEZ CALIF. Date received ADDRESS: 3980 Empire Ave. BY DELIVERY TO CLERK ON November 13, 1997 Oakley, CA 94561 BY MAIL POSTMARKED: November. 12, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 14 1997 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy12 ,6Q2 A II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (V) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The 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: i — 1-7`' ! / BY �,�,c.. �� �✓%, Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 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. Dated: �r�=�1—Q — Iq 01 7 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: a —( — Iq S 7 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Ll 1 VICTOR J.WESTMAN OFFICE,©F COUNTY COIfNSEL nePunes: f r -=- PHILLIP S.ALTHOFF COUNTY COUNSEL ��pOT�� /'����/� _������/ SHARON L.ANDERSON ����II 1 C l'1 i ANDREA W.CASSIDY - G#i VICKIE L.DAWES ARTHUR W.WALENTA,JR. COUNTY^ADMINISTRATION BUILDIN , MARKE S.ESTIS #-h ASSISTANT COUNTY COUNSEL 651�PINE'STREET 9thFLOOR M "LILLIAN AE�D.��,RR MARTINEZ'CALIFORNIA 94553-1288 CAROLS.GORDON SILVANO B. MARCHESI � DENNIS C.GRAVES ASSISTANT COUNTY COUNSEL - GREGORY C.HARVEY KEVIN T KERR GAYLE MUGGLI EDWARD V.LANE,JR. VIVIAN LILY OFFICE MANAGER MARY ANN MASON ADAM D.MILLER PHONE(510)335-1800 PAUL R.MUNIZ NOTICE OF INSUFFICIENCY VALERIE J. RANCHE FAX(510)646-1078 DAVID F.SCHMIDTHMIDT DIANA J.SILVER AND/OA�TL�/OTS WILLIAM E.SIMMONS R JACQUELINE Y.WOODS NON-ACCEPTANCE OF CLAIM MARY E.WRIGHTSON TO: Mr. Van Martin 3980 Empire Ave. Oakley, CA 94561 RE: CLAIM OF: Same Please Take Notice as Follows: The claim you presented against the County of Contra Costa fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] 1. The claim fails to state the name and post office address of the claimant. [ ) 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. ] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars($10,000),the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. C ] 6. The claim is not signed by the claimant or by some person on his behalf. Page 1 [XX] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. 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) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 18, 1997 at Martinez,California. Xft_�trIoa_ cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 Claim to: 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 Piled 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 ontity, separai;e claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: C1 im By ) Reserved for Clerk's filing stamp a i/�afhn � v�-° RECEIVE® qg0 C!ti(P1 E OaVGe�(�efq ��5�i j W► 131991 Against the County of Contra Costa ) or ) CtER NOSUPERVISORS ISOFSCOTRACOA CO District) Fill in name)- The ame The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ WO 00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 1 o ala q Gl,-��rh�o h �+ �1cq - -1-1 wLe un IC acct -----�---------------------- 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) Ljr.,6 p-( a> � on .fw 6-4 a b,95?4 cllnw 1-10-7b wlq,5 000t a. 0124d 41"" ova- 4,k2 h'Ou'w 4jh leA sh e a/d -------------------------------------------- ---------- 4. What particular act or omission on the part of county or district officers, -servants or .employees caused.the. injury or.damage? (over) 1 � f tit i Nil 1 \:N -- u < 7 lz�t Y 7 if i CLAIM C /I BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA December 9, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "W 1=2 3 IE M) CLAIMANT: Allene Forward �S N p V 14 1997 ATTORNEY: COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 1273 Chelsea Way BY DELIVERY TO CLERK ON November 5, 1997 Concord, CA 94521 BY MAIL POSTMARKED: November 4, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. November 14 PpHHIL BATCHELOR, Clerk DATED: 1997 BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (Vf 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: �� r ��� �f 7 BY: Deputy County Counsel WAIF— III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 11- 09—f92 I PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 1B; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:_ _ID — g BY: PHIL BATCHELOR b 0 eputy Clerk CC: County Counsel County Administrator VICTOR J. WESTMAN OFFICE, CC)UNTYCOUNSEL DEPUTIES: COUNTY COUNSEL PHILLIPS.ALTHOFF ®�'�� (� /�, SHARON L.ANDERSON I�T'I°� V®��/'� �/OUNT1 � ANDREA W.CASSIDY p VICKIE L.DAWES ARTHUR W.WALENTA,.JR. COUNTYADMINISTRATIOWBUILDING'J - MARKE S.ESTIS ASSISTANT COUNTY COUNSEL "° MICHAEL D.FARR 651�PINE STREET 9th FLOOR LILLIAN T.FUJI1 SILVANO B. MARCHESI MARTINEZ'=CALIFORNIA94553-1288 CAROLS.GORDON a� 1 DENNIS C.GRAVES ASSISTANT COUNTY COUNSEL ' ° GREGORY C.HARVEY _ KEVIN T.KERR GAYLE MUGGLI EDWARD V.LANE,JR. VIVIAN LILY OFFICE MANAGER MARYANN MASON NOTICE OF INSUFFICIENCY ADAM D.MILLER PHONE(510)335-1800 PAUL R.MUNIZ FAX(510)646-1078 AND/OR VALERIE J. ANCHE DAVID F.SCHMIDTHMIDT DIANA J.SILVER NON-ACCEPTANCE OF CLAIM WILLIAM E.SIMMONS JACQUELINE Y.WOODS MARY E.WRIGHTSON TO: Allene Forward 1273 Chelsea Way Concord, CA 94521 RE: CLAIM OF: Same 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. [ ] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. Page 1 [XX],7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. *That part of Treat Boulevard cited in your application is not under the management or control of Contra Costa County. 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: November 19, 1997,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 Allene Forward (in pro per) 1273 Chelsea Way 1 Concord, CA 94521 2 Telephone: (510) 685-3628 3 4 5 6 7 8 ALLENE FORWARD, ) CLAIM AGAINST PUBLIC ENTITY 9 Claimant, ) PURSUANT TO CALIFORNIA GOVERNMENT CODE r94900 et se 10 V. > > g RECEIVE® 11 COUNTY OF CONTRA COSTA, a ) public entity, ) 1W - 5 1997 12 ) Defendant. ) 13 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 14 COMES NOW, claimant, ALLENE FORWARD and makes a claim 15 against the COUNTY OF CONTRA COSTA in the sum as of yet unknown 16 damages, based upon a theory of negligence. Claimant, ALLENE 17 FORWARD hereby presents this claim to the COUNTY OF CONTRA COSTA 18 pursuant to California Government Code §910. In support of said 19 claim, claimant represents as follows: 20 1. Claimant is: ALLENE FORWARD 21 2 . Notices concerning this claim should be sent to: 22 Allene Forward 1273 Chelsea Way 23 Concord, CA 94521 24 (510) 685-3628 25 26 ��� 3 . On `May 13 , 1997, at approximately 6:40 a.m. on Treat 1 Boulevard approximately 2/10 mile east of Navarrone Road in the 2 City of Concord, County of Contra Costa, California, claimant 3 fell while riding a bicycle due to the dangerous condition of the 4 sidewalk created by foliage being allowed to overgrow. As a 5 result of the fall claimant, ALLENE FORWARD fractured her left 6 upper humerus. 7 4 . At the above time, date and location, claimant sustained 8 personal injuries. The subject accident was caused by the 9 negligence and carelessness of the COUNTY OF CONTRA COSTA with 10 regard to the ownership, inspection, repair, and maintenance of 11 the sidewalk condition in that foliage was allowed to overgrow 12 making it difficult to negotiate on the sidewalk. This 13 negligence and carelessness was the legal cause of the subject 14 accident and the damages sustained by ALLENE FORWARD. 15 5. As a result of the subject accident, ALLENE FORWARD has 16 sustained damages in the form of personal injuries, medical 17 expenses and wage loss. 18 6. The names of the COUNTY OF CONTRA COSTA employees who 19 caused claimant' s damages are unknown. 20 (� Dated: November 4, 1997 y 21 Allene Forward (in pro per) 22 - 23 govt-clm.ple 24 25 26 2 a ' 1 t, .a F neo zHr � tijzHO N Nt17rC �J ny y n C t kD � H � Ln nnyNIrH wcn000 M, HOZ q ^ Oz s y t z1-3 O,�y T � rte\ - 4 t I * r Allene Forward 1273 Chelsea Way Concord, CA 94521 November 4, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Board of Supervisors County of Contra Costa Casualty Claims Coordinator 651 Pine Street, 1st Floor Martinez, CA 94553 Re: Claim of: Forward v. County of Contra Costa Gentlemen: Enclosed is an original and four copies of Government Code Claim. Please return a "received" copy of this document in the enclosed envelope provided. Thank you for your prompt attention to this matter. Sincerely, 01" Allene Forward