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MINUTES - 11041997 - C26
i APPLICATION TO FILE LATE CLAIM November 4, 1997 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" bel Claimant: Quincy Williams Attorney: 0 C T - 7 1997 COUNTY COUNSEL Address: 13700 San Pablo Ave. , #2112 MARTINEZ CALIF. San Pablo, CA 94806 Amount: $300,000.00 By delivery to Clerk on - October 6, 1997 Date Received: 10/06/1997 By mail, postmarked on via: Risk Mgmt. I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: October 7, 1997 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED: zz� VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimo»s vote of Supervisors present (Check one only) ( )/ This Application is granted (Section 911.6). ( +l ) This Application to Fjle Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Boardfs Order entered in its minutes for this date. DATE: _PHIL BATCHIIAR, Clerk, By 0 0 A A ,) Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do ao immediately. IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Ad=nistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: 11- 13- I`I`17 _PHIL BATCHELOR, Clerk, By.� Deputy V. FROM: 1 County Counsel 2 County Administrato TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM RECIED ED OCT - 6 199.7 APPLI 0 ., Fd SW FILE LATE CLAIM PURSUANT TO GOVERNMENT IONS_ 911. 2 AND 911. 24 I, QUINCY WILLIAMS, declare under the penalty of .-perjury the following facts are true and .correct to the best 'of m G knowledge. 1. , That I was arrested in about 1996 and placed in the custody of the Contra Costa County Sheriff ' s Department. 2 . That I am a paraplegic and confined to a wheelchair. 3 . That I sustained injuri in % 1996 while being transported to court by Contra Costa County Sheriff ' s deputies; specifically, I sustained injuries to my back and to my feet while I was being dragged upstairs by Sheriff' s deputies. I became aware of the injury when I looked down and observed that my pants were bloody. 4 . That following my injury, I was in state custody from approximately �r-1996iuntil August 13 , 1997 . 5. That the ink r i curred in September 1996 became infected, ., requiring medical treatment administere.d- at' the' Martinez Detention- Facility; Merrithew Memorial Hospital; and the San quentin and Tracy Prison medical facilities. 6. That upon my release from California Department Of . Corrections custody on August 13 , 1997 , I was taken immediately to Brookside Hospital and that I have been in-patient at Brookside ever since and continuing for this injury. 7 . That I tried but was unable to contact an attorney to discuss this matter while in custody. That I began to contact attorneys to discuss this matter from my hospital room at Brookside. 8 . The first time I talked to any lawyer or knowledgeable person about statutes regarding claims against the county concerning this matter was when I met and spoke with Mr. Grout on August 26, 1997 . Mr. Grout informed me at that time that the applicable statute of limitations for filing this claim against the state was six months. 9 . I respectfully submit that my failure to submit a claim against the county sooner than this and within the six month period of time was due to my own mistake and excusable negligent, including my serious illness, paralysis, mental state and lack of access to resources due to myo4ncar•ceration. 10 . As soon as I was released Lfr'om'' custody on August 13 , 1997 , and came to my senses in the,hos,pita_l, I began trying to contact attorneys concerning this`�id6tterWfrom my hospital bed. As soon as I spoke to Mr. Grout, on August 26 , 1997 , he instructed me to complete this form and to `fYIN �a '"go-vernment claim. I respectfully request that I be relieved of the six month requirement to file a claim pursuant to section 910 of the Government Code and that I be granted relief for application to file this late claim. Respectfully submi ted, Date: ' 9' 7 4QINCY LLIAMS CLAIM FOR DAMAGES Pursuant to Government Code section 910, claimant Quincy Williams submits the following: a. Claimant: Quincy Williams. b. Address: 137.00 San Pablo Avenue #2012 Sari Pablo, California 94806 4 1 C. Circumstances: In 4tiar 1996 while in county custody, claimant, a paralyzed man, was refused transportation to court that would accommodate his wheel chair, and sustained injuries to his back and his feet while being dragged up stairs by Sheriff ' s deputies. Said injury to claimant's back subsequently became infected, gangrenous, and necrosed. Said injuries required six weeks of hospitalization, tissue grafting, skin grafting, surgery. d. Description of indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of said claim: Traumatic injury to back and feet caused by being dragged while in a state of paraplegia, infection, gangrene, surgery, tissue grafting, hospital and medical expenses. In addition, claimant received constitutionally inadequate medical treatment while in county custody, resulting in considerable unnecessary medical expenses, surgery, and suffering. e. Name of public employee causing the injury, damage -or loss: The specific identities of said individuals are unknown to claimant at this time. However, these would include those county officials responsible for denying claimant transportation to accommodate his disability; those county employees who dragged claimant without his wheel chair, causing the direct injury; and those -county employees who administered defective and inadequate medical treatment. f. Amount claimed as of the date of presentation of the claim: Special damages fork:medical expenses of approximately $30, 000. 00 and continuing. "General damages. of $100 , 000 . 00 and continuing. Date: u ✓Q INCY LLIAMS, Claimant 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 Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Streit, Martinez, CA 94553. C. If claim is against a- district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By Quincy B .. Williams j Reserved for Clerk's filing stamp Contra Costa Sheriffs Deputies ) Against the County of Contra Costa ) or ) District) Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 3 0 0 ,0 0 0 . 0 0 and in support of this claim represents as follows: -- ------ 1. When did the damage or injury occur? (Give exact date and hour) October 31 , 1996 i,n the a . ��� time frame . . 2. Where did the damage or injury occur?~(Include city and county) Within the Contra Costa County Sheriffs Bus Transport Area . 3. How did the damage or injury occur? (Give full details; use extra paper if required) I sustainded injuries in October 31 , 1996 while being transported to Court I was pulled up the Bus Out of my Wheelchair by Sheriffs Deputy How ii?me .is unknown to me now. My Buttox was scraped while being pLilled up the stairs the scrape turned worse . 4. What particular act or omission on the part of county or district officers, servants or .employees caused- the injury or- damage? The fact tha-t the employee did"not use the proper Busvan to prevent the damage to me , He just pulled me up the stairs that left me injuried . . . . (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? The names of the officers that was on the clock that day is. unknown to me at this time . . . . . 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. I sustainded injuries to .my back that scraped the stairs of the Bus . . . It became infected , and left a perminat scar to my Buttox , and my feetthe 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) The amount was computed of the amount of Medical bills , pain and suffering I suffered after the skin was grafed by Doctors at Brookside Hospital . . . The bill was $68 ,881 . 8 '4: General damages$100 , 00 . 00 ------------------- ----N.�----�M -----M-NN---.�-M--M--N ---..-N.�--- t. Names and addresses CUL wll.liCJaas t doctl rr a and 1-40--p t.a a. Dr . James Raiel M . D . F 1000 .Ward Martinez , Calif . 9+50 -------------------.�--....�-N-N--- --M-M-.�N-- ------------N-------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT. 8-13-97 Brookside ,Hosp . bill $68 ,881 . 89 General Damages '100 ,000 . 99 �\ 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 . Clai Is S'gnature (Address)) 6, Telephone No. I Telephone No. 0 a S� * * V 9 * �t NOTICE Section 72 of the Penal Code provides: "Every person who,- with intent b 'de°fraad; presents-,for allowance or for payment to any state board or officer, or, to,Lany ,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;ip 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 Jmgris�orime t: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. PPL lL �c�/ � qf 6 M� CLAIM BO4RD OF S'.!c:?V!SO=S0_0F CONTRA COSTA COUNTY, CALIFORNIA November. 4, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsemerts, ) 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 pursuart to Government Code Amount: $11,774.17 Section 913 and 915.4. Please note all "WarniCBRIIVZEM) CLAIMANT: S. T. Papillion 111���666���0CT - b. 1997 ATTORNEY: S. T. Papillion COUNTY COUNSEL 11780 San Pablo Ave. , #302 Date received MARTINEZ CALIF. ADDRESS: El Cerrito, CA 94530 BY DELIVERY TO CLERK ON October 3, 1997 BY MAIL POSTMARKED: October 21 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 6, 1997 gy1L BATCHELOR, Clerk eputy— IL A1-4 LA , �V,�— 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: ` LK 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. BOARDD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: //— G —/q 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 warnino 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: �� — /?j —/� 9 Z 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 Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal, Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp S. T. Papillion . = RECEIVED Against the County of Contra Costa ) 3 1997 . or ) A District) CLERK BOARD OF SUPERVISORS Fill in name ) :ONTRA COSTA The undersigned claimant hereby crakes claim against the County of Contra Costa or the above-named District in the sum of $ 11 , 774 . 17 and in support of this claim represents -as follows: 1. When 'did the damage or injury occur? (Give exact date and hour) Tenant reported. damage on December 5 , 1996 . 2. Where did the damage or injury occur? (Include city and county) 48.12 San Pablo Dam Rd . , House #7 , El Sobrante, Contra Costa County 3. How did the damage or injury occur? (Give full details; use extra paper if required) County sheriffs broke down the door into said house looking for a Johnny Beeson, who did not live. at said address . 4. What particular act or omission on the part of county or district officers, servants or .employees caused. the.injury or. damage? They did not have proper warrant , nor did they inquire with the onsight mamager or any one else, prior to their onlaught . (over) 5. Wnat are the names of county or district officers, servants or employees causing the damge or injury? They did not give their names to anyone . sp- 6. What damage or injuries do you claim'resulted? (Give full extent of injuries or damages—claimed. Attach two estimates -for auto damage. The. damaged. the door, locks , walls, carpets . They created vacancies with ' said " and our adjacent rented houses for the panic they caused . 7. . liow.was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Actual damage to property was $2 , 834 . 17; Loss due to vacancies $8 , 940.00. Total of the two = $11 , 774 . 17. 8. Names and addresses:of witnesses, doctors and Hospitals. Neighboring tenants : Mr. & Mrs . Wals at 4812 San Pablo Dam Rd . ,#6 ; Mr. Rader at 4812 San Pablo Dam Rd. , #5 . 9. List the expenditures you made on account of this accident or injury: DATE ITEM ; . AMOUNT 12/15/96 House repairs $2 , 834. 17 12/96-5/97 Vacancies DSec. ,940 .00 Gov. Cod1042 provides: "The cla si by a claimant SEND NOTICES TO: (Attorne ) orb so s.bOjilf<" Name and Address'of Attorney S. T. Papillion clai ° Si8na ture 11780-San Pablo Ave. , #302 El Cerrito, .CA. 94530 S . T. Papilli n Address 1.1780 San Pablo- Ave. , #302 El Cerrito, CA. 94530 ,- Telephone 4530 "Telephone No�510)-669-9045, Telephone No. ( 510)-669-9045 N O T I C E Section 72 of the Penal Code provides: f°Every person who, with intent to ,defraud, presents for allowance or for payment to any state board or offi^er, 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 jailfor• a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such- imprisonment and finei'� 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. I• . - a a IT Ln N' _ �'- pr, ,x; � M oAt atn CLAIM BO-RD OF Sl :EPV!SORS OF CONTRA COSTA COUNTY, CALIFORNIA November 4, 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 Gcvernmert Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Coce Amount: Unknown Section 913 and 915.4. Please note all "WarnirR 9ffi gWD CLAIMANT: Maria Smith ®CT " .1997+ Matthew Smith ATTORNEY: COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 1794 Harmony Way BY DELIVERY TO CLERK ON October 3, 1997 Bay Point, CA 94565 BY MAIL POSTMARKED: Not Legible 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 3 1997 IL BATCHELOR, Clerk DATED: BPP�: Deputy 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: tl L BY: Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the 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: //- D,/ — /997 PHIL BATCHELOR, Clerk, By .dila, _0 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 warnina 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:--/Z—/,I- l ] BY: PHIL BATCHELOR by pa Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA COSTA AND ITS AGENTS AND EMPLOYEES Maria Smith, individually, and on behalf of her son, Matthew Smith, a minor, hereby presents a claim for damages against the County of Contra Costa, Housing Authority of Contra Costa, and its agents and employees. ADDRESS OF CLAIMANTS: Maria Smith {s�,; ����0��® Matthew Smith 1.794 Harmony Way ��' — $ 1997 Bay Point, CA 94565 CLERK BOA11 AOCOS ACO�SORS ADDRESS TO WHICH NOTICES SHOULD BE SENT: Maria Smith and Matthew Smith c/o Law Offices of Coker, Ramirez & Rice 525 Marina Boulevard Pittsburg, CA 94565 DATE PLACE AND CIRCUMSTANCES OF OCCURRENCE: Maria Smith and her family were lawful tenants on the premises at 2 El Capitan Lane, Antioch, California. Mrs. Smith and her family had a one year lease with the landlord, commencing in July of 1996, the tenancy and lease operating under the auspices of the Contra Costa County Housing Authority (CCCHA) Section 8 Agreements between CCCHA and the Landlord and CCCHA and the tenant. On or about May 4, 1.997, three year old Matthew Smith suffered a serious injury to his face near his right eye. Matthew suffered the injury when he fell on a ragged edged aluminum strip on the patio door in the kitchen. When the injury occurred blood poured fro►n the wound over Matthew's eye. Mrs. Smith was fearful that the eye itself had been damaged. Fortunately, that was not the case. Matthew suffered a 3-4 inch laceration over his right eye which bled profusely. He was immediately transported to Sutter Delta Hospital in Antioch. The wound was stitched and bandaged. Matthew has had follow-up treatment at Kaiser Antioch, and Matthew has continued to suffer from headaches since the accident. It is not known at this time whether the scar will be permanent, or whether plastic surgery will be recommended. The leased premises had numerous deficiencies at the time it was leased to the Smith family. These deficiencies continued throughout the time of the leasehold as evidenced by the items cited for repair when the premises were inspected on May 5, 1997. Prior to the accident occurring Mrs. Smith had been diligent in reporting various problems to both the landlord and the Housing Authority, attempting to have the apartment maintained in a habitable. condition. Claimant was thwarted in her attempts on many occasions by County Housing Authority employee, Eunice Davis, whom Claimant learned was the mother of the owner of the leased premises, Robin Kirven. PARTIES RESPONSIBLE: County of Contra Costa and its agents and employees; Housing Authority of Contra Costa County its agents and employees; Eunice Davis a Contra Costa County Housing Authority Employee. AMOUNT OF CLAIM: Compensatory damages against the County of Contra Costa and the Housing Authority of Contra Costa, Compensatory damages and exemplary damages against Eunice Davis, within the Jurisdiction of the Municipal Court. GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPUTATION OF DAMAGES: Compensatory damages are based upon the physical injuries suffered by Matthew Smith as a result of the substandard housing provided by the County of Contra Costa. These damages include, medical costs in an amount presently undetermined; and Matthew's pain and suffering. Compensatory damages are also based on the emotional distress suffered by both claimants as a result of the injury and the conduct of the CCCHA and Eunice Davis. Exemplary damages are based on Eunice Davis' officious intermeddling and interference with Claimants rights as tenants, all based on her relationship with the owner of the leased property which amounted to malice, fraud and oppression within the meaning of Civil Code Section 3294. Dated: October 2, 1997 COKER RAMIREZ & RICE Rhonda Wilson Rice d f t� ON '. 00 0 N i C( r �. v v.a - 4 to ow r • z� -,i Y rK . E t. Y .. COKER RAMIREZ & RICE ATTORNEYS-ABOGADOS JOHN DIAZ COKER A.ARACELI RAMIREZ RHONDA WILSON RICE .3 1997 Clerk, Board of Supervisors Contra Costa County 651 Pine Street CLF-RK ARD G COSTSUPERVISORS ACO. Martinez, CA 94553 October 2, 1997 RE: Claim of Maria Smith and Matthew Smith Dear Clerk, Enclosed is the original and one copy of a. claim by Maria Smith and her son Matthew Smith against the County of Contra Costa. Please retain the original and return the copy, marked with your stamp received, to our office in the envelope provided. Thank you. Sincerely, �v Secretary mcg Enclosures 525 MARINA BOULEVARD•PITTSBURG,CALIFORNIA 94565•(510)432-7373 02 �p _ 02- CLAIM - BC-c.0 0 S''-':c;'S -� Cr CON-RA COS'A CO..1NTY, CALIFORNIA November 4, 1997 Clair A_a�ns: the Ccunty, or District governed by) BOAR: ACTION the Ecard of S;;pervisDrs, Routing Endorsements, ) NOTICE TO CLAlw.ANT ane Board Action. All Section references are to ) The copy of this document mailed to you is your notice of Califc-ria Gcvern-e— Coces. ) the action taken on your claim by the Board of Superviscrs (Paragraph IV below), given pursuant to Gev " ! ��� Amount: $3,950.77 Section 913 and 915.4. =lease note all "Wa os . CLAIMAN, : Sunset Homes OCT 2 0 1997 ATTORN'L : Sandy Skaggs COUNTY COUNSEL MARTINEZ CALIF. McCutchen, Doyle, Brann & Enersen, pate received ADDRESS: LLP BY DELIVERY TO CLERK ON OctohPr 15 1c1A7 1331 N. California Blvd. Walnut Creek, CA 94596 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. H BB GATED: Octopber 20, 1997 eV?L BATCHELOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (e 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 tate and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: [ /��k BY: De,-.;:y County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Aor.inistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOA:.: ORDER: By unanimous vote of the Supervisors present (f) 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. i Dated: //- O -/9 9 7 PNIL BATCHELOR, Clerk, 8y -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 warnino 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: //- /3 - q q 7 BY: PHIL BATCHELOR beputy Clerk CC: County Counsel County Administrator ^ F . 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 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 fired in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp ) Against the County of Contra Costa ) � 1 5 1997 or. ) -OCT FWQ �4d.1.�- . Fly District) i CLERK BOARD OF SUP VISORS Fill in name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ '_�R5D.77 and in support of this claim represents as follows: i • Ibn"i2u did the dame Oa in Jury Ci^v..0 ? (slry exact date and hour) S eP t em b e r_6�1997_Z_JL .aa A_ .1`2�_.�----------------------- 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) The CCC Fire Protection District Undercdirection of Chief Campbell had -a training session across the bridge at 2358 Danville Blvd. He to the Unini residence before leaving, stating that the fire truck, when going west across the bridge (cont 4. What particular act or omission on the part of .county or district officers, servants or .employees caused, the.injury or. damage? Please read -the. _at.tached. . letter .dated -8-28_-97- -from CCC Fire Protection District to CCC Community Development Department. (over) 1 5. wnat are the names of county or district officers, servants or employees causing " the damage .or injury? Crew under Direction of Chief Campbell. ~ 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. The bridge damaged was the only access to the residences and is now extremely dangerous to cross: 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. Donna Unini - 1375 Chaney Road, Alamo Donald Unini - 1375 Chaney Road, Alamo Tom Shinault - 2358 Danville Blvd. Walnut Creek Anne Shinault - 2358 Danville Blvd. Walnut Creek. ------------------ --------------------------�.��--------------- 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 eomeperson on. 's. behalf." Name and Address ,of Attorney A RW laimant's Signature). �33I K 46.0 FcWtA, fb Bq<�V Address Telephone No. (eic) Telephone*No. �/0 0k- * i NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if .genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail-for a period of not more than one year, by'a fine of not exceeding one thousand ($1,000), or by both such `imprisonment and fine,-br'by imprisonment in the state prison, by a fine of not exceeding ten thousand .dollars ($10,000, or by both such imprisonment and fine. �. Wnat are the names of county or district officers, servants or employees causing the damage or injury? Crew under Direction of Chief Campbell. 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. The bridge damaged was the only access to the residences and is now extremely dangerous to crossi -- 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. Donna Unini - 1375 Chaney Road, Alamo Donald Unini - 1375 Chaney Road, Alamo Tom Shinault - 2358 Danville Blvd. Walnut Creek Anne Shinault - 2358 Danville Blvd. Walnut Creek. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 1[P aim 31i'55677 Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by aomeperson on s.behalf." u� Name and Address of Attorney RJAaJ DML� &MfJ ' laimant"s Signature kW- oaf *Mian, 25 l (Address) Telephone No. Lo R37-;�V; Telephone No. (5;70)-76&- N 0 T I C I 6&-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. #3 Continued. had broken some deck boards on the bridge: .When my wif* Donna walked down to check the damage, she was shocked at the extent of the damage, and immediately posted danger signs and installed caution -signs . astal Lumber Invoice 720 South First Street ^� 7 Invoice Number: San Jose, CA 95112 7548 Santa Clara Invoice Date: ,. Sep 30, 1997 Voice: 995-0791 Fax: 995-5449 .. Sold To: Ship To: Suncrest Homes Alamo/Bridge 300 'H Street Suite D Antioch, CA 94509-1280 Customer ID Purchase Order Payment Terms Sales Rep I Pac 156 Net 30 Days __1 Quantity Item Description Unit Price Extensio 1 . 00 T&M Repair bridge per Curt . 1 . 00 Deck repair at bridge. 3, 950 . 77 3, 950 . 77 1 . 00 Handrail repair at bridge. 975 . 79 975 . 79 Sales Tax Total Invoice Amount $4, 926 . 56 Check No: Amount Received With Invoice 0 . 00 Total $4, 926 . 56 i i TIT J(I: 1 5 FA.K 5 1.0 'j6 i: 815 I?:�.1'j!;. .11'A.1\!j SKI) 15 r i, 7 l I.1 .. .•'11�V 7 .1 C' __. __ . r fj i,�ry 19001 Contra Costa County Fire Protection District Fire Chief ALLEN LITTLE August 28, 15197 Robert Drake Carttra Costa CountyFram PotA.It"brand tax transmittal rnemo 75T1 �a p8gO6' Community Development Department To i cwrr 651 Pirie St., 4th Floor Co.. ��; Martinez, CA 94553 "" Phone M 3 517 � c SUBJECT: Old Collie Road Bridge Fax Stonecastle, Alarno Dear Mr. Drake: The subject bridge, located east of Danvilie Boulevard between Chaney Road and Singing Hills Road, currently serves as the only access to three existing residences. This bridge isAoo narrow for emergency access and too weak to support emergency fire vehicles: A new wider and stronger bridge must be built in order to provide proper fire protection and safe access to these residences. "Ne have reviewed the current plan and proposed location and width of the new bridge which will be adjacent to the old one and will necessitate the removal of two trees on the west bank. The conditions described above create a hazardous situation which requires immediate action. District fire engines will not cross this bridge. The new bridge should be constructed at the earliest possible date so that sufficient fire protection may be provided to the three existing residences. Sincerely, William C. Lewis Supervising Inspector WCL'vw C: Michael Murphy, DDA WCLJokScolti.itr XGO!C GEak• 6r a.ao Yl.,l=o-daw•1' F+..L. Gauroar..,.. 843$3-4EiD4 TGLtY +ANC ly IQ) 9b0-:=00 17,A 4527 OFCOF't,-I.D DRIVE ANTIOCH, CALIFOWNIi, 94509 • 7E:_EPN0NE. (510) 7557-1303 • FAX 754-$8j2 CLAIM 0r CONTPA C.ST' CG_INTY, CALIFOPNIA November 4, 1997 Clair A.airst tree Ccurty, or District governed by) BOARS ACTION the Scard of Supervisors, Rciting Endorsements, ) NOTICE TO CLAiw4NT and Board Acticn. All Sect•;on references are to ) The copy of this document mailed to you is your notice of Califcrria Gcvern e^t Codes. ) the action taken on your claim by the Board of Superviscrs (Paragraph Iv below), given pursuant to Government Amount: $17584.00 Section 913 and 915.4. Please note all ^Wer Cyl� CLAIMANT: Timothy L. and Joyce Taigen OCT 15 1997 ATTORNE'i, COUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 14 Mt. Lee Place BY DELIVERY TO CLERK ON October 9, 1997 Clayton, CA 94517 BY MAIL POSTMARKED: October 8, 1997 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 14, 1997IYIL BATCHELOR, Clerk : II. FROM:. County Counsel 70: Clerk of the Board of Supervisors (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying Claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is net 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: G, Dated: �� t ? BY: De,�;:y County Counsel 111. FRDN: Clerk of the Board TO: County Counsel (1) County Avrinistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOA;.: ORDER: By unanimous vote of the Superviscrs present (✓ ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:_„//-e� -/9 9�' 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 warnino 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: // - /3 /9 q 7_ BY: PHIL BATCHELOR b J I o Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPEkIVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. 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 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 �*n any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't 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. Tf 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 clams 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: Claim By Reserved for Clerk's filing stamp '(� o"k L . T0. �. RECEIVED 5 0 -Ta`i e, eo, ) Against the County of Con a Costa) IOU — 9 X97 or ) ) District) CLERK BOARD OF SUPERVISORS (Fill in name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ /S 8 1 and in support of this claim represents as follows: i. When did the damage or injuzy occur? Give exact date and herr) 2. Wheredidthe damage or injury occur? (Include city and county) 6ArK!'�+1�_�c l.ou-n�, �-I�ISSac�-uS�t.��"S ��+-� Ce-,�'+� �• 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? + irk OL c c c&raaff.. bookkkV i�7j oma+ bi 1!i c �i� h CO- Ce; Cows ri c AA i,��'�}-�eAS �'''� '1 r (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 0"i "-- 6. 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. ) 5 e e a,ff K c,k w.a•,ti7t — i #t 2. 8. Names and addresses of witnesses, doctors and hospitals. 1�►' 0.r JOk•� ��� r1S. 9. List the expenditures you made on account of this accident or injury. TE TIME AMOUNT Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his SEND NOTICES TO: (Attorney) beha . Name and Address of Attorney ) (Claimant's S gnature) 1 y M t• Ls.� PI. (Address) Ad q Telephone No. ) Telephone No. NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000) , or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. October 6, 1997 Attachment-Item#1 "How did the damage or injury occur?" Sometime in 1996 the Contra Costa County District Attorney's Office made a mistake in crediting my child support account(#659941). Because of this error, I was not apprised of a continued arrearage on my account. In December of 1996 I was summoned to make an appearance in probate court in Barnstable,Massachusetts on charges of contempt of court stemming from an arrearage in my child support payments. The result of the extended hearings and audit conducted by my attorney was that the arrearage did, in fact,exist-even though all of the billing statements I had been receiving from the District Attorney's offices indicated that there was no arrearage on the account. I was ordered to pay the arrearage(which I am not including in this claim)and my ex-wife's expenses associated with the court action(which I am including in this claim). Please see the attachment(Item#1)for a break down of the expenses I had to incur because of the initial error on the part of the Co. Co. County District Attorney's office. October 6, 1997 Attachment-Item#2 "How was the amount claimed computed?" The amount claimed, $1,584 was computed as follows: My attorney's fees in Massachusetts(6.91 hrs. @$175/hour) $ 1,209.00 Local attorney consultation fee($35) $ 35.00 Ex-wife's attorney's fees which I was ordered to pay $ 300.00 Copies of checks which had to be produced $ 20.00 Telephone calls $ 20.00 TOTAL $ 1,584.00 r ss , t C CLAIM gC•c� p: S'. ,,c^:c OF CO117RA C^:'x CC I'C'Y, CALIFORNIA November 4, 1997 Claim Aca�rst the County, or District governed by) BOA;D AC710N the Scard of S.;aervisors, Rowting Endorsemerts, ) N^TICE TO CLAIMA'NT and Board Acticn. All Section references are to ) The copy of this document mailed to you is your notice of Califerria GC ern-T^t Codes. ) the action taken on your claim by the Board of Supervisrrs (Paragraph IV below), given pursuant to Government Coce Amount: $975.03 Section 913 and 915.4. Please note all °Warni ,M) CLAIMANT: Shawna Aguilar OCT 15 1997 ATT"uRNE Y: COUNTY COUNSEL, Date received MARTINEZ CALIF. ADDRESS: 611 Michele Drive BY DELIVERY TO CLERK ON October 7, 1997 Martinez, CA 94553 BY MAIL POSTMARKED: October 6, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 1 DATED: October 14, 1997 IVIL BATCHELOR, Clerk 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: Oates: 8Y: Deputy County Counsel IIl. FRDM. Clera of the Board 70: County Counsel (1) County Avr.inistrator (2) ( ) Clairr, was returned as untimely with notice to claimant (Section 911.3). IV. BOA;: 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. J Dated: /l-04 - (! 9__PHIL BATCHELOR, Clerk, By 4 J.4 10 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 wentioned, 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: ( - 1997 BY: PHIL BATCHELOR byQ41 6IJ 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 Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp RECEIVE® Against the County of Contra Costa ) OW -707 or ) District) CLERK BOARD CONTRA OFCOSTASUPERVISORS Fill in name ) a The undersigned claimant hereby makes claiN5-- ainst the County of Contra Costa or the above-named District in the sum of $ D 3 and in support of this claim represents as follows: 1. When 'did the daipage or injur occur? (Give exac date and hour) l �hih 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) 1 7/fe elQvy1 hl 4Ad.SLe -e_o p 74711.r 5 SbU eep/19rte./ The Dov%/ his a h YDeI ��L arlq/ 4. What particular act or omissionon�t ofcounty or district officers �.. servants or .employees caused. the.injury or. damage? - wee W"/./ -64,e some Oro ✓� i� h� n Z-AJ - They sh,w/a/ _-,27ow (fAfwn Gt ncl mQ y!oe, -he- ncX_5 W hvl jlrw- 7�'/y so 7�Z �d ; (over) . " Ove-- . y - s/aov d fza.ue ,9o�ene. d"V-112 hin,/ -lae. lu-eowlno 5. What are the -names of county or district officers, servants or employees causing the damage or injury? ��dz& fie. /llaynes zq 1,,Udl5eers--- ---- ------------------------------------------------------------- ----- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or amases claimed. Attach two estimates for to e , 197 e 79--o-M �L//-6 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 yo 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 onhis. behalf." Name and Address of Attorney ,, ,x. Claiman ignature . Address Telephone No. Telephone N -� 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. VISIBLE DAMAGE QUOTA 110WOR REPAIR ORDER "QUALITY WITHOUT COMPROMISE SINCE 1960" guattty Without Compriamise .1 iv {' dva' n' c ; �t ± s ,t: ,I ,;•> 917 Howe Road MaRlnez,,Ca .'94553 <<� `� ;( Ray Tresko BAR Registration Number AC 171433 Rick Collins tlephone 510 370-7788 fax Phone 510-228-0589 inc. 'ss zr `4 S Daie Page f-4 Pages Work Order number6 _ r NAME / YEAR-MAKE�G _��S, CO. ADDRESS ` MQDE<LG L ADJUSTER CITY /1 TYPE ADJ. PHONE ZIP O ✓—� C� /VI.N.r�IT�C9;4 ��rJ�IL`lS9�cfJ O ,� CLAIM# PHONE HOME LICENSE WAIS Yp� UNIT# PHONE-OTHER MILEAGE r! P.O.# PHONE-OTHER COLOR-TRIM DEDUCTABLE $ LINE . Ia ,aNW �CKW: _ DESCRIPTION OF REPAIRS,PARTS,AND PROCEDURES. PARTS PRICE LAeoR HcwRs PAINT HOURS 2- F 3 01 b 8 10 (JR // 64 -4— J- 12 1'1 —Y_ 14 15 16 /1 i r , TOTA F COLU S -DO WL}7AVt?Y60R C(SN�Ef7I' OT11I RS EXPERT IN THOSE REPAIRS? YES[ ) NO t ) Cttl' ONE _ PARTS PRICES(subject to invoice) $ SUBLET REPAIRS AMOUNTS LABOR HouRs. ..3.�?s.• .. :; v $ 3 a •70 17 $ PAINT HOURS. ,.. ®6.. ....� .. _ $ 0 ---- ' q PAINT MATERIALS................... $ O Q,d 1 a $ --- BODY REPAIR MATERIALS :.. $ Authorized and accepted: You are hereby authorized to make the above specified repairs:l SUBLET ITEMS.............:.. understand that payment in full will be due upon release of Vehicle rnclyding additional supplemeptal HAZARDOUS WASTE CHARGE............. $ damage charges, and hereby grant you and/or your employees'permission to operate the car,truck, or •' -- vehicle herein described on street, highways or elsewhere for the purpose of testing and/or Inspection TAXABLE ITEMS TOTAL.. .......... .. $ An express mechanic's lien is hereby aknowledged on above car,truclr or Yehtcle►o aecute the — �!- - -- amouut of repairs thereto. You will not be held responsible for loss or damage to yehicle"or arueles Iefi SALES TAX................................. ....__ $ /� in vehicle in case of fire, theft, accident or any other cause beyond your control. OTHER...... Old pans will be junked unless otherwise instructed) All ricea'ate Subject[o involcet, """" —� _ s a w arts '. _ slatted. Worn or damaged arts which are not listed on err in eebon tn' or labor which—y be rogwmd after pork hap beta GRAND TOTAL................... rhia csUmatc is bsscd on our mapccuon and docs not cover addiaonsl pans ay be diaco_verod"later. NaWraay;this aymale eaaaot cover such contin1anctoa,and will be added found. (11Yl_ AVP_Aill LIORIII[VC;2FPAI�AND DA f� FA S (BW l WE %-PA y—I-W4-mV AQl--4-4 Boder_'4qt1 . DAMAGE REPORT AGUILAR 09/26/97 at 09 : 13 D.R. 28766-0001094 AC193654 Est : B. CELLINI ALHAMBRA AUTO CENTER SALES*SERVICE*BODY SHOP 3655 ALHAMBRA AVE. MARTINEZ, CA 94553- (510) 229-4130 Owner: SHANNA AGUILAR Day Phone : - Address : Other Ph: - Deductible: $ N/A Insurance Co. : Phone : Claim No. : Adj . . 91 HOND ACCORD LX 4D SED GRAY 4-2 .2L-FI Vin: JHMCB7650MC099005 License : CA Prod Date : 0/ 0 Odometer: 0 Power steering Power brakes Power windows Power locks- Power antenna Power mirrors Tinted glass Body side moldings Dual mirrors Air conditioning Rear defogger Tilt wheel Cruise control Cloth seats Bucket seats Recline/lounge seats Clear coat paint Metallic paint -------------------------------------------------------------------------------- PART NO. OP. DESCRIPTION OF DAMAGE QTY COST LABOR PAINT MISC -------------------------------------------------------------------------------- 1 FRONT LAMPS 2 RT R&I headlamp assy one side 1 0 .5 3 LT R&I headlamp assy one side 1 0 .5 4 HOOD 5* Repr Hood 1 2 . 0 2 .9 6 Add for Clear Coat 1 1 .2 7 FENDER 8* Repr RT Fender 1 1 .0 2 . 1 9' Overlap Major Adjacent Panel 1 -0 .4 10-- Add for Clear Coat 1 0 . 3 11* Repr LT Fender 1 1 . 0 2 . 1 12 Overlap Major Adjacent Panel 1 -0 .4 13 Add for Clear Coat 1 0 .3 14* Repr COVER CAR 1 T 5 . 00 15* Repr BLEND ADJ. PANELS 1 1 . 0 -------------------------------------------------------------------------------- Subtotals =__> 0 .00 5 .0 9 . 1 5 . 00 Page : 1 DAMAGE REPORT AGUILAR 09/,26/97 at 09 :13 D.R. 28766-0001094 AC19A54 Est : B. CELLINI ALHAMBRA AUTO CENTER SALES*SERVICE*BODY SHOP 3655 ALHAMBRA AVE . MARTINEZ, CA 94553- (510) 229-4130 Parts 0 . 00 Body Labor 5 . 0 units @ $52 . 00 260 . 00 Paint Labor 9 . 1 units @ $52 . 00 473 .20 Paint/Materials 9 . 1 units @ $24 . 00 218 .40 Sublet/Mist 5 . 00 -------------------------------------------- SUBTOTAL $ 956 . 60 Tax on $ 223 .40 at 8 .2500% 18 .43 -------------------------------------------- GRAND TOTAL $ 975 .03 -------------------------------------------- INSURANCE PAYS $ 975 . 03 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk() items are derived from the Guide IRG4420. Database Date 7/97 Double asterisk(**) items indicate part supplietLby a supolier other than the original equipment manufacturer. CAPA items have been certified for fit-and finish by the Certified Auto Parts Association. EZEst - A product of CCC Information Services Inc. Eqikge. 2 - 1P pp L3 C k t }t . r SI Y' CLAIM ;L-;-� 604RD OF SJ-ERVIS3:_S OF CONTRA COSTA COJNTY, CALIFORNIA November 4, 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 Gevernme^t Codes. ) the action taken on your claim by the Board of Superviscrs (Paragraph IV below), given pursuant to GoverC�Cmaw[EX) Amount: Unknown Section 913 and 915.4. Please note all 'Warn C(�� CLAIMANT: Sara Aguilar OCT - 6. 1997 ATTORNEY: Robert E. Hannon COUNTY COUNSEL Attorney at Law Date received MARTINEZ CALIF. ADDRESS: 1015 Kirkcrest Lane BY DELIVERY TO CLERK ON October 2, 1997 Alamo, CA 94507 BY MAIL POSTMARKED: via: Risk Mgmt. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, DATED: October 6, 1997 IL eputyLOR, Clerklid, _C, 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 910.6). ( ) 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: t / Dated: /'o 1 BY; Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 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: /�_ -1 g `�7 PHIL BATCHELOR, Clerk, By eputy Clerk r— 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: � 19 R'z BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator Y 9.tlm C EItl' E14Y / 713 ' In ' kKBOARD T - .21997 1 K' C IM AGAINST PUBLIC ENTITY C OF SUPE ISORS TRA COSTA CO. S TO: CONTRA COSTA COUNTY HEALTH SERVICES MARRITHEW MEMORIAL HOSPITAL & HEALTH CENTERS 4 5 SARA AGUILAR hereby makes claim aginst Contra Costa 6 County Merrithew Memorial Hospital & Health Centers, a medical 7 facility owned and operated by Contra Costa County, in a sum 8 in excess of the jurisdictional limits of the Municipal Court 9 and therefore is within the jurisdiction of the Superior Court. 10 Sara Aguilar makes the following statements in support of 11 the claim: 12 1. Claimant' s post office address is 2925 Monument Blvd. , 13 Apt. 36, Concord, CA 94520. 14 2. Notices concerning this claim should be sent to 15 Robert E. Hannon, Attorney at Law, 1015 Kirkcrest Lane, Alamo, 16 CA 94507. 17 3. The dates and place of the occurrence giving rise to 18 this claim are March 24 , 1997 to April 16 , 1997, at the 19 Merrithew Memorial Hospital & Health Centers, 2500 Alhambra 20 Avenue, Martinez, CA 94553. 21 4. On or about March 24, 1997 Claimant was operated on 22 at the Merrithew Memorial Hospital & Health Center (Merrithew) 23 for epilepsy. She was discharged from the hospital on March 24 28, 1997. During the time she was in Merrithew she apparently received by injections and orally, various drugs and medication 26 of a kind unknown to Claimant. 27 On her release from Merrithew, Claimant experienced 28 pain and numbness in her left wrist and hand. Claimant' s 1 I sister was advised by a doctor in the emergency department, 2 that Claimant' s condition was caused by an injection that 3 would go away in three weeks. 4 After her discharge from Merrithew she returned on 5 three occasions (i.e. , April 1 , 1997, April 4 , .1997 and April 6 16, 1997) . 7 On April 4 , 1997 Claimant' s sister was advised by a 8 doctor in emergency that an attendant at Merrithew in giving a 9 injection to ,Claimant had hit a nerve. The doctor stated that 10 they would have to operate on the Claimant' s left arm. 11 Claimant was referred to surgery for April 24 , 1997. For 12 reasons unknown to Claimant that surgery was cancelled. 13 On April 17, 1997 Claimant was given a prescription 14 for a type of medication unknown to Claimant. 15 Claimant continues to suffer from the condition in 16 her left hand, wrist and arm. 17 5. The names of the public employees causing Claimant' s 18 injuries are not at this time known to Claimant. 19 6 . The Claimant' s claim is based on the hereinabove 20 conduct that has resulted in permanent injury to Claimant' s 21 left hand, wrist and arm, together with past and future 22 medical expenses, lost wages, pain and suffering, and emotional 23 distress., 24 25 Dated: September �, 1997. 26 27 Robert E. Hannon 28 Attorney for Claimant 2 1 NOTICE OF INTENTION TO BRING ACTION 2 s TO: CONTRA COSTA COUNTY HEALTH SERVICES, MERRITHEW MEMORIAL HOSPITAL & HEALTH CENTER '1 2500 ALHAMBRA AVENUE MARINTEZ, CA 94553 5 6 You are hereby notified, in accordance with the provision 7 of Section 364 of the Code of Civil Procedure of the State of = 8 ,California, that on or about. January 1, 1998, I the undersigne , >.; v r 9intend to fild an action against you, and each of y�au, for 10 damages based upon your negligence in providing professional 11 health care services to SARA AGUILAR. 12 This action is based on injuries which occurred between 13 M-i.r.ch 23 , 1997 ;iiicl �} i';i_1. 1.0 , 1997 which 1'ussulWd from Lhiq 14 negligence. The negligence claimed will be based on the 15 following: 16 1. Improper administering of improper drugs and 17 medications to Sara Aguilar. 18 2. Failure to properly treat Sara Aguilar' s condition 19 that resulted from the improper administration of the improper 20 drugs and medication. 21 Your conduct failed to comply with all professional 22 standards in the L-.re i tinn-rii. of S.+r7 ngi.11.1,4-r 3.11 i>hAt yeti 11aV4N- 23 administered improper drugs and medications in an improper 24 manner. 25 Dated: September, 1997. 26 27 Robert Hannon 28 Attorney for Claimant 1 CIL AIM 0' S: -�'S =� Or CCNTRA C^STA CC aTr, CALIFORti'A November 4, 1997 Clair„ A:airst the Ccurty, or District governed by) BOAR: ACTION, the Ecard of Supervisors, Rciting Endorsements, ) NOTICE TO CLAiM4N7 and Eoard Acticn. All Sect"on references are to ) The copy of this document mailed to you is your notice of Cal'f.r is Gcve,^ e^'. Codes. ) the action taken on your claim by the Board of Superviscrs (Paragraph Iv below), given pursuant to Govern Amount: $3,029.51 Section 913 and 915.4. Please note all "WarVOTUMV1110 CLAIMANT: Michael V. Makinano OCT 15 1997 ATT3;Nr.): Patricia Berkowitz CARTIN COUNSE Child Support Collections Date received ADDR;SS: Legal Center BY DELIVERY TO CLERK ON October 7, 1997 2401 Stanwell Drive,• Suite 460 Concord, CA 94520 BY MAIL POSTMARKED: October 7, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 14, 1997 PpHHIL BATCHELOR, Clerk DATED: B1: Deputy 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 910.6). ( ) Claim is nct 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 BY: De-.;ty County Counsel Ili. FROM.: Clerk of the Board TO: County Counsel (1) County Ao'inistrator (2) Claim, was returned as untimely with notice to claimant (Section 911.3). IV. BOAR_: 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. Dated: PHIL BATCHELOR, Clerk, By, , Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you-have only six (6) months from the date this notice was personally served or deposited. in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I Oeclere 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. J Dated: // / 3 - l q g 7 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator to 2 BOARD)OF SUPBRVIBORS OF CONTRA COSTA COUNTY NSTRUCTZONS —LAIliANT en . 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 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 n.fter 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. (Gov't Code 911. ? . ) R. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martine;, 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. t). If the claim is against more than one public entity, separate claims must be filed against each public entity. F. Frauds' See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. AI►AAAA##AAAA##AAA#AA##A#AAAA#•8AA###A########AAA##AAA###A##A####A######## RF..:' Claim By Reserved for Clerk's filing stamp MICHAEL V. MAKINANO ) RECEIVE® ) Against the County of Contra Costa) ;(ff -710 or ) N/A Oistrict) CLE R CONTRADOGS DERV CO. ORS (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 3029.51 and in support .of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) N/A PLEASE SEE ATTACHED PAGE _ 2 . Where did the damage or injury occur? (Include city and county) 3 . Now did the damage or injury occur? (Give full details; use extra paper if required) 4 . What particular act or umi.esion on the part of county or district officers, servants or employees caused the injury or damage? (over) � . servants or 5. What are th4� names of county or district officers, 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 estima'-es for auto damage. ) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) S. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury. DATE TIME AMOUNT AAAA#A##AAA###AAAA*AAA�hde Qs#AAAA###A#A#AAAA#AAA#AA#A#####A#A##AAA#AAA Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his SEND NOTICES TO: (Attpxney 9 Name and Address of Attorney ) ATTORNEY PATRICIA BERKOWITZ ) CHILD SUPPORT COLLECTIONS LEGAL CENTER] (dlM % Signature) 2401 STANWELL DRIVE, SUITE 460 ATTORNEY FOR CLAIMANT . CONCORD, CA,94520 ) __ SAME (Address) ) ) Telephone No. 510-825-9052 _ Telephone No. SAME • ##A##AA#A##4AA####AA#AAAfiAAA#AAA######AAAA#A##AAAA##A#AA##AA#AA#AAA 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 , elaim, 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 ($10,000, or by both such imprisonment and fine. CLAIMANT, MICHAEL V. MAKINANO HAD PAYMENTS COLLECTED BY THE CONTRA COSTA DISTRICT ATTORNEY ON BEHALF OF THE STATE OF CALIFORNIA. BY FINDINGS AND ORDER AFTER HEARING HEARD ON 4/29/97 AND FILED ON 7/29/97, (COPY ENCLOSED) THE DISTRICT ATTORNEY WAS ORDERED TO CEASE COLLECTION PROCEEDING AND TO IMMEDIATELY ADVISE THE STATE OF CALIFORNIA TO CEASE ALL COLLECTION PROCESSES AGAINST PETITIONER. AMOUNTS WERE WITHHELD AFTER THE ORDER OF APRIL 29, 1997 ON MAY 24, JUNE 7, JUNE 21 AND JULY 3 TOTALLING `�.`- - THIS AMOUNT SHOULD BE RETURNED TO CLAIMANT IMMEDIATELY. 377-V, UO A•1 rnn."ry OR PARTY WITHOUT ATTORNEY(Name and Addrae9): 1417j Ki 'rELFPHONE NO.: FOR COURT USE ONLY PA'rRICIA BERKOWITZ, ESQ.–SB#74139 (510) 825--9052 ~CHILD SUPPORT COLLECTIONS LEGAL CENTER 2401 STANWELL DRIVE SUITE 460 CONCORD, CALIFORNIA94520 ATTOMFY FOR(Name} PETITIONER SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA ._ STREET Awmss: 7 2 5 COURT STREET i�' 1 I ' !!� 2 1 .3': ' MAILm Anowss: P.0. BOX 911 CITYANOZIPCODB: MARTINEZ, CA 94553 COP:', ' BRANCH NAME: PETITIONER/PLAINTIFF: MICHAEL V. MAKINANO -$;flOWN ..- -- RESPONDENT/DEFENDANT: THERESA MAKINANO CLAIMANT: CONTRA COSTA COUNTY CASE NUMBER- FINDINGS UMBERFINDINGS AND ORDER AFTER HEARING (Family Law - Domestic Violence Prevention - Uniform Parentage) D92-04835 1. This proceeding was heard on(date}4–29-97 at(tlmo 8 : 00 In Dept.: 41 Room: by Judge(name}..JOSANA BERKOW Ej Temporary Judge [I Petitioner/plaintiff present FXJ Attorney pre-sant(name}.PATRICIA BERKOWITZ LXJ Respondent/defendant present [,] Attorney present(name}. [X J Claimant present O Attomey present(name}.FREDDIE MARTINEZ On the order to show cause or motion filed(date14--1-97 by (name} PETITIONER MICHAEL MAKINANO 2. TtIF COURT ORDERS 3. Custody and visitation: [] As attached U Not applicable 4. Child support: [] As attached [] Not applicable 5. Spousal-Family support: [] As attached [_] Not applicable 6. Property orders:. As attached Not applicable T. Domestic Violence Miscellaneous Orders [--I As attached [] Not applicable 8. Other orders: © As attached 0 Not applicable 9. f—I Attorney fees(specify amount} $ payable as child support [`] payable as spousal support Payable to(name and address} Payable 0 forthwith [__j other(specify}. 10.All other Issues are reserved until further order of court. Date: JUL 2 9 197 JOSANNA BERKOW JUDGE OF THE SUPERIOR COURT Approved as conforming to court order. S!nNATURE OF ATTORNEY FOR ED PETITIONER/PLAINTIFF nESPONDENT/DEFENDANT (Continued) Page 1 of Form Adopted b Rule 12%.31 FINDINGS AND ORDER AFTER HEARING 17M Ili Ine,emery 1!1m 1 (Family Law - Domestic Violence Prevention - Uniform Parentage) Ct_8 MAKINANO V. MAKINANO #D92-04835 ATTACHMENT 8 OTHER ORDERS: Upon Respondent's request for a continuance the court continues this matter for conference, to July 29;1997 at 1: 30 in this department. The District Attorney is ordered to provide an accounting of monthly welfare, disbursement paid to Respondent and an accounting of the payments made by Petitioner~ through the District Attorney's office.over the years. The. District Attorney is further ordered to f correct the current wage assignment to reflect that the amount owed monthly by Petitioner Is for Spousal Support and not for Child Support. The District Attorney is further ordered to cease collection proceeding and to immediately advise the State of California to cease all collection processes against Petitioner until further order of this court. CHILD SUPPORT COLLECTIONS LEGAL CENTER 2401 STANWBLL DRIVE, SUITE 460 TBLEPHONBS CONCORD, CALIFORNIA 94520-4879 PATRICIA BERKOWITZ CONCORD (510) 825-9052 ATTORNBY AT LAW E Mail: supp4child@aol.com CERTIFIED SPECIALIST IN FAMILY LAW THB STATB BAR OF CALIFORNIA BOARD OF LBGAL SPBCIALIZATION October 3 , 1997 Board of Supervisors 651 Pine St. , Rm. 106 Martinez, CA 94553 Re: Claim by Michael V. Makiano Case Enclosed are the following documents: BOARD OF SUPERVISORS - CLAIM FORMS W/ATTACHMENTS Please read and follow instructions if indicated: Call the office secretary to arrange a telephone conference to discuss your case Sign and date where indicated by the penciled "X" and kindly return to us Provided for your records File original and return endorsed-filed copy Obtain signature of Judge Record and return Certify and return X Other: Please process _claim. Also included are the following: Our check # not to exceed $ Return envelope (Clerk and Recorder) . Sincerely yours, BY: BT 4 N O N � r� O o �,•� � o cid a°a °a' vs'� c� ul w w U o rn Wim., a r" N 04 aa� Oo Zj A U C- CL A I M CLAIM 01 CCN-7;4 C.S7A CO:INTY, CALIFORNIA November 4, 1997 Clair. Agairst the C:ur,ty, or District governed by) BOAR: ACTION the Ecard of Supervisors, RGuting Endorsemerts, ) NOTICE TO CLAIMANT and Eca•d Action. All Section references are to ) The copy of this document mailed to you is your notice of Calif,.-ria Gcve--•e^t Coees. ) the action taken on your claim by the Board of Supervisors (Paragraph Iv below), given pursuant to Government Core Amount: $25.1 OQQ + Section 913 and 915.4. Please note ail CLAIMANT: John L. King ®C ( 15 1997 AT73RNE);: COUNTY COUNSEL Date received MARTINEZ CAUR L ADDRESS: La Box 1fayette,e, CA 94549 BY DELIVERY TO CLERK ON October 14, 1997 Lafayette, BY MAIL POSTMARKED: Fax 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 14, 1997 IV1L BATCHELOR, Clerk 11. FROM,: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). n ( ) 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: — 9 : De;,:ty Ccur;y Counsel �Q -' Z D EY 11I. FRDto..: Clerr. of the Board TO: County Counsel (1) County Acr.inistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOA;,: 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: P-D — /1717 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 wentioned, 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: -/ - / 7 BY: PHIL BATCHELOR by Jeputy Clerk CC: County Counsel County Administrator 11 � Tuesday, 14 October 1997 Contra Costa County Board of Supervisors fax 510 6461059 County Counsel fax 510 646 107& Hon. Peter L. Spinetta, Presiding Judge of the Superior Court fax 510 6461312 Subject: Claim for damages It is with deep regret that I make this claim for damages. I have repeatedly requested, in person, in writing, and over the telephone, over a period of approximately two years, that the court make reasonable accommodations for persons such as myself who,because of physical disability, cannot stand in line. I could have filed this claim on the first occasion I encountered this problem, but instead I patiently, courteously, and politely requested that some simple solution be provided for the problem. Ins ite of my. repeated patient, courteous, and polite requests, over a period of approximately two years, and in spite of recent written and telephone communication from county officials advising me that chairs had been provided for persons waiting for service at the clerk's window, I was shocked to find last Friday that still no chairs have been provided. I think that it is an utter disgrace that the county has been so negligent in this matter, and has so long ignored my reasonable requests, and the needs of disabled persons such as myself, who physically cannot stand in line. The solution is so simple, easy, and inexpensive, if there was but the will to accomplish it. I feel now that I have no choice but to sue for my rights, and those of persons similarly situated, as obviously no one is going to do anything unless I do. I ? . 7 '�'/ COS.; RECEIVE© OCT 1 4 1997 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Enclosed: Claim for damages/ 1 page This fax transmission 2 pages including this page . Claim for Damages Pursuant to §914 Government Code Date: Tuesday, 1i May 1997 Claim presented to: County of Contra Costa 651 Pine Street Martinez, California 9455: Claimant: John L. King Post Office Sox 1451 Lafayette, California 94549 All notices regarding this claim are to be sent to the above address Date, Place, and Circumstances giving rise to claim: On or about 27 August 1997, and 9 September 1997, and 19 September 1997, and on prior occasions, I was denied reasonable access as a disabled person to the Walnut Creek-Danville Municipal Court, in violation of rights and obligations provided by state and federal law, creating liability for damages from the County of Contra Costa. This claim is for damages in excess of$25,000 and falls under the jurisdiction of the Superior Court. Signed: Z/C00461; Jolu1 L. King Ca- .2-A, CLAIM B;'SC Or Sc:��''S =,`- Gr CO'B'RA C'�S'A CG.NTr, CAL1FORyIA November 4, 1997 Clair. A.airst the County, or District governed by) BOARD AMC,T10N the ECard of S.;pervisors, RGuting Endorsements, ) NOTICE TO CLAIMANT art Board Action. All Section references are to ) The copy of this document mailed to you is your notice of Ca'ifc-ria Gcve•n-est Codes. ) the action taken on your claim by the Board of SuDerviscrs (Paragraph Iv below), given pursuant to GoveIIV� Amount: Unknown Section 913 and 915.4. Please note all "We , '�' , � CLAIMANT: Erma Belcher OCT 2 0 1997 COUNTY COUNSEL ATTORNEY: John A. Pettis & Associates MARTINEZ CALIF. John A. Pettis Date received ADDRESS: 1830 Pacheco Blvd. BY DELIVERr TO CLERK ON October 17., 1997 Martinez, CA 94553 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. Bg DATED: October 20, 1997 IVIL BATCHELOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) his claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is nct 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: (0 EY: Deputy County Counsel I11. FRDM: Clerx of the Board TO: County Counsel (1) County k7nistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). Iv. BOAS,: ORDER: By unanimous vote of the SuDerviscrs present (� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: /J- 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. $Y: PHIL BATCHELOR b Deputy Clerk Dated //_ / 3 — /99J y cc: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: John A. Pettis & Associates John A. Pettis 1830 Pacheco Blvd. Martinez, CA 94553 RE: CLAIM OF: Erma Belcher Please Take Notice as Follows: The claims 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: [ ] L The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [XX] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [XX 15. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. [ ] 7. Other: Since the submitted letter of representation states that"We are hereby making a claim. . . . ." we are required under Phillips v. Desert Hosp. Dist. (1989) 49 Cal.3d 699 to treat your submission as a claim since it discloses the existence of a claim. VICTOR J. WESTMAN, County Counsel By: Depu y County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business addWss s the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553; V. lata,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,scaled and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: October 20, 1997 at Martinez,California. ' cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 JOHN A. PETTIS & ASSOCIATES PROFESSIONAL LAW CORPORATION October 15, 1997 Contra Costa County Risk Management ��T ( 7 I9�' h 651 Pine St., 6 tFloor CLERK 80AR.D,0F SUPERVISOR Martinez, CA 94553 ' '.CONTRA'C2$TACC { ATTN: Julie Re: Your Insured: Contra Costa County Sheriffs Office/Sgt. P. Ford Your Claim No.: 2218 Date of Loss: June 26, 1997 Our Client: Erma Belcher Dear Julie: Please be advised that this office represents the above client in connection with injuries sustained in the above accident in which your insured was involved. We are hereby making a claim for damages on behalf of our client and we also wish to inform you that we have a lien for attorney's fees and costs on our client's cause of action and any recovery thereunder. Please send us a letter confirming coverage in this matter and setting forth the applicable policy limits, and direct all future correspondence to this office. We will inform you when we have the medical and specials information together and are in a position to discuss settlement of this case. In the meantime, we hereby request that you send us copies of any statements made by our client to you or your principals and also advise us of the names and addresses of any witnesses known to you or your principals. If our client has previously signed any authorizations allowing the release of medical or other privileged information to your company, they are hereby revoked by this letter. Thank you for your courtesy and cooperation. Very truly yours, JOHN A. PETTIS JAP: rkc Enclosure cc: Erma Belcher 1830 PACHECO BOULEVARD,P.O.BOX 1689,MARTINEZ, CALIFORNIA 94553 (510)229-0900 JOHN A. PETTIS 8 ASSOCIATES PROFESSIONAL LAW CORPORATION DESIGNATION OF ATTORNEY TO HANDLE INSURANCE CLAIM To:Contra Costa County Risk Management Re: Claim Number: 2218 Date of Loss: June 26 , 1997 Pursuant to Section 2695.2 (c) of the California Code of Regulations, Title 10, Chapter 5, I Nearby designate JOHN A. PETTIS & ASSOCIATES PROFESSIONAL LAW CORPORATION as my attorneys, to handle my personal injury claim under the above-captioned loss. A photostatic copy of this designation shall be constructed as effective and valid as the original. Signed: Printed Name: C- 1c 4 Dated: 1830 PACHECO BOULEVARD, P. O.BOX 1689 • MARTINEZ.CALIFORNIA 94553 •(5101229-0900 C . P CLAIM BO=RO OF S'.-.Rti''.SORS OF CONTRA. COSTA COJNTY, CALIFORNIA November 4, 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 Govern-erit Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Governm' Ttb��II�y� Amount: $5,000.00 Section 913 and 915.4. Please note all "Warnir CLAIMANT: Sandra Davis 0 C T - 2 1997 COUNTY COUNSEL ATTORNEY: H. David Kwinter MARTINEZ CALIF. Leraul & Kwinter Date received ADDRESS: 3620 Happy Valley Rd. , Ste. 100 BY DELIVERY TO CLERK ON October 1, 1997 Lafayette, CA 94549 September 30 1997 BY MAIL POSTMARKED: p , I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. eeHH BATCHELOR, } DATED: October 2, 1997 BTIL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /19 1,2A-2 BY: Deputy County Counsel III. FR-3k: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ° ) This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six. (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ��- (,�-�°�� BY: PHIL BATCHELOR b A P 0,1 L AA eputy Clerk CC: County Counsel County Administrator Cfaim to: BOARD C"IIPERVISORS OF CONTRA COB COUNTY , ,. INSTRUCTIONS TO CLAIMANT A. 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 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. (Gov't 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 form. RE: Claim By Reserved for Clerk's filing stamp Sandra Davis Wim®--- e rRECEIVED ) Against the County of Contra Costa) _ 1 1997 or ) District) CLERK�o��RA�OSlACO.ISORS (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 5 , 000 ._00 and in support of this claim represents as follows: 1 When Aird the da—e-pm or i nj»r y occur? (Give exact elate and hourl April 7 , 1997 at 8 : 00 p.m. 2. Where did the damage or injury occur? (Include city and county) Shelter at 1391 Shell Avenue; Martinez ,, Contra Costa, County, CA 94553 3 . How did the damage or injury occur? (Give full details; use extra paper if required) Claimant was offered a foot stool by what appears to be a shelter employee in order to gain access to her bunk bed. The foot stool collapsed when claimant stepped on it, 4 . What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The offering of an unsafe foot stool; the failure to furnish the shelter with safe furnishings. (over) 5. What are the �es of county or districofficers, servants or , employees causing the damage or injury? Unknown at this time. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) Back strain and continuing pain. $5, 000 . 00 7. How was the amount claimed above computed? (Include the estimated amount of any prospective in wry or damage. ) Medical bills to date amount to 464 . 00 . Prospective medical bills and pain and suffering account for balance. 8. Names and addresses of witnesses, doctors and hospitals. Merrithew Memorial Hospital, 2500 Alhambra Ave. , Martinez , CA 94553 Mt. Diablo Medical Center (Dr. Shikora) 2540 EAst St. , Concord, CA 94524 9. List the expenditures you made on account of this accident or injury. DATE TIME AMOUNT Gov. Code .Sec. 910. 2 provides "The claim must be signed by the claimant or by " one person on his SEND NOTICES TO:—(Attorney) behalf. " Name and Acidness hoof Attorney ) H. David Kwa. �Z4� Leraul & Kwinter inter . � (Claiman 's Signature) 3620 Happy Valley Road, Ste. 100 Lafayette, CA 94549 (Address) Telephone No. (510) 2.83-6700 j Telephone No. NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1, 000) , or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10, 000, or by both such imprisonment and fine. LERAUL & KWINTER ATTORNEYS AT LAW 3620 Happy Valley Road, Suite 100 LAFAYETTE, CALIFORNIA 94549 Telephone (510) 283-6700 Facsimile (510) 283-9711 September 29, 1997 Clerk of the Board of Supervisors Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 RE: Claim of Sandra Davis Dear Sir or Madam: Enclosed please find the original and two copies of a claim form. Please file the original and return endorsed copies to the undersigned in the self-addressed, stamped envelope. ThaXK, Jr assistance. Ver �. HDK/ccl Enclosures LTR to Clerk.Board of Supervisors 9.29.97.doc � T % r \ / r � la § � a 0 k « � $ � (P CN o � kllo�\� . - \ , . & CLAIM EC=R: Or S 'rS, 'S Cr CON-;A C:S7A.CC,'JN7Y, CALIFD;NIA November 4, 1997 Clair. A_airst the County, or District governed by) BOARD ACTION the Ecard Of 5:;oervisors, R0,;ting Endorsements, ) NOTICE TO CLAIMANT and Board Acticn. All Section references are to ) The copy of this document mailed to you is your notice of Ca'ifc-ria Gcve-e^t Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph Iv below), given pursuant to Government Coce Amount: Unknown Section 913 and 915.4. Please note all "u -��VJ� CLAIMANT: California State Automobile Association Claim No: 10-P48627-0 0 C T 15 1997 gac: Chris Spencer COUNTY COUNSEL Claim Representative Date received MARTINEZ CAUF. ADDRESS: 1183 Admiral Callaghan Lane BY DELIVERY TO CLERK ON October 15, 1997 Vallejo, CA 94590 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. Q gg DATED: (k,tnhar 15� 1997 etIl DeputyLOR. CleJA 0 0 A H-A 3 rk 11. FROM,: County Counsel 70: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( his 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 nct 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: Datec: /O — Zo — 57 BY: De;;ty Ccunty Counsel 111. FRON.: Clerx Of the Board TO: County Counsel (1) County AOrinistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOA;..: 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: HIL 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 warnino 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:__] 9 9 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Chris Spencer, Claim Representative California State Automobile Association 1183 Admiral Callaghan Lane Vallejo, CA 94590 RE: CLAIM OF: Paul Gilbert (Claim#10-P48627-0) Please Take Notice as Follows: The claims 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: [XX] 1. The claim fails to state the name and post office address of the claimant. [XX ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [XX] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [XX] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. [XX] 7. Other: The 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: Depu y County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§ 641,664) I declare that my bu6nee address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553; 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: October 20, 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 a. C. o1aS�•, California State Automobile Association `��° . * Inter-Insurance Bureau 09/22/97 Dale Jenssen SEP 25 1997 Contra Costa County Public Health Department HEALTH SERVICE 597 Center Avenue#200A PERSONNEL Martinez, CA 94553 Re: Our Insured: Price, Alan Our Claim No.: 10-P48627-0 Date of Loss: 09-12-97 Your Insured: Paul Gilbert Your Claim No.: Unknown Dear Ms. Dale Jenssen: 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. Sincerely, J�_lda Chris Spencer Claim Representative (707)552-0592 extension 210 ACT .5 A991 FtvlsoRs 1 CLERK BOARD O OS p�CO• r � CONTRA 1183 Admiral Callaghan Lane • Vallejo, CA 94590• P.O. Box 4483 • Vallejo, CA 94590• 707 552-0592 F1114(5-93) L.-i C], kn i U � O ' N kn U • a� o1,4 U C. U N .+ Ucl a� Cl U kn �t or a w m U � LL � O m CD ® U 1 N a`•• u Q Q K , • Noa m V Op_ O W J J ,• J J Q Q 1 C .�- C.AIM BC=RC C � t C.SCC�oTY, CALIFORNIAC November 4, 1997 Claim A_airst the Ccunty, or District governed by) BOARD ACTION the Ecard of S;.pervisors, Routing Endorsements, ? NOTICE TO CLAIm4N7 and Board A:ticn. All Section references are to ) The copy of this document mailed to you is your notice of Ca?ifcrria Gcvern—�ert Codes. ) the action taken on your claim by the Board of Superviscrs (Paragraph IV below), given pursuant to Governm �� Amount: $81000.00 Section 913 and 915.4. ;lease note all "uzrnin CLAIMANT: Lannie Dee Singh Buster 0 C T 15 1997 ATTORNEY; COUNTY COUNSEL MARTINEZ CALIF. Date received ADDRESS: 52 Gertrude Avenue BY DELIVERY TO CLERK ON October 8, 1997 Richmond, CA 94801 BY MAIL POSTMARKED: October 7, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 14, 1997 JbIL IA7CHELOR, Clerk eputyI1. FROM: County Counsel TO: Clerk of the Board of Supervisors 04 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: Date �7 BY: X Dep:;:y County Counsel 111. FRDw.: Clerk of the Board TO: County Coursel (1) County Axrinistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOAR: ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:_[1_Q,�— / Q 7 PHIL BATCHELOR, Clerk. By Deputy Clerk .4, ' 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 warnino see reverse side of this notice. AFFIDAVIT OF MAILING I declare under Qenalty 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: //— /3 — / 9 7 BY: PHIL BATCHELOR by Deputy Clerk , CC: County Counsel County Administrator 'r 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 ia' ter .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 pf this form. RE: Claim By ) Reserved for Clerk's filing stamp wS '� ) - RECEIVED Against the Count osta MDT ®8WT or f•� ) CY�C�� District) CLERK BOARD OF SUPERVISORS �, CONTRA COSTA 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 $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) __1:1� ` -------- _c ------------------------------ 2. Where did the damage or injury occur? (Include city and county) n4 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) t 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. 7. How was the amount claimed "ove computed? (Include the estimated amount of any prospective injury or damage.) =--------------------------- $. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: �5 DATE ITEM AMOUNT CO3C)40o '\"77 Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: "'(Attorne ) or, by, some perwn on, his. behalf." Name and Address of Attorney Q7 ` / Clai is Signature / Address Telephone No. Telephone No 0 ONV N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if .genuine, any false or fraudulent claim, bill, account, voucher, or u+iting, 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 ($10,000, or by both such imprisonment and fine. .S o wo,S___ Ut _ �f) ff. rn 1qor� A� , y _......... _._ --d _ c --_SG• :o., � : _�n'�n. v.c�._.u�> c ISS. 1n� . - y. _ r cl &-Ave. . . .. .... .. .. .. . ane � _, V..$ U— ' r Avj-� ' -T�e-, 0-oacks u,,-)P-c E�> '..c e A4 -\e-fl a -)d C � e h rn4- - a - 40-Zoe � cv uk—\O�-dla `�� _. __ - - � `JOSS--- ► ��-__.�rY � O�.v�-- _�c�A.��e� .� __—_h _ _._Aw-- Vi e_ 1A.cx�S� J ; YA dco - -; .............. - -- _- ---.--. _ _ ---- - ---__ ___ _ __ . - - . -- - - - ---,-_--------._.. ._- - JliDCO CONSUL77NG ENGINEERS 930 Dwight Way,Suite 10A TEL: (510)649-0241 Berkeley,CA 94710 TEL: (510)649-0468 PAX: (510)649-0239 '... �� �:� �•��T may`' Ah r� ENGINEERING REI'01;V1' ` o. 0-9a,1,1204 September 05, 1997 3-3/_ INSPECTION ORDERED BY: Mrs. Sin It ��� `�� `' g 'kz� 04. 52 Gertrude Avenue =: Richmond, CA 94804 Tcl.: 236-5160 REPORT SENT'TO : SAME AS ABOVE PROJECTNO: R-301 LOCATION: SAME AS ABOVE Upon ttte request of Mrs. Singh, our office has perforated an engineering inspection of the above mentioned property on September 05, 1997. The Property is a one story single family residence situated on a Mat lot. The building is two parts, the first (older part) is a wood frame structure with uru•eittforccd stone exterior walls and the other is a relatively new wood frame structure. Mrs. Singh indicated that: there were cracks in the building which, she said, might have been caused by a recent construction of the street in front of the property. During our site visit we noticed cracks in the exterior walls and including the exterior wall of the one car garage along the bottom of the wall. We also noticed cracking in the wall and ceiling of the bedroom facing the street. Cracking was noticed in the concrete driveway too. It was difficult to know when these cracks were developed. However, we think that the bedroom wall cracks have developed before the walls were painted last time. It was more difficult to guess when the cracks in ttte exterior front and side walls. I towever, with slab-on-grade floor in the garage, it is quite possible that the construction activity in the vicinity has to cause shaking in the garage structure,which might, in trun,cause the cracking we noticed. Our recommendation is to repoint the mortar along the cracks. We estimate the cost to be within $900. *nine hundred dollars* in addition of our$160.00 fee for the site visit. JOHN HOUSTON Masonry and Cement PROPOSAL & CONTRACT P.O. Box 1684 Richmond, CA 94802 (510) 237-4648 _ c Date � � l , 19 Telephone 4�1-"' 1 To whom it may concern: propose to furnish all materials and perform all labor necessary to complete the following: 4 "X 9' 100, C1� All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of rgn Dollars Payments to be m de SOD as the work progresses to the value of per cent( %) of all work completed.The entire amount of contract to be paid within days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract All agreements must be made in writing. Respectfully submitted, ACCEPTANCE By You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the t ' / above proposal, for which agree to pay the amount mentioned in said proposal, and according-to the terms thereof. ACCEPTED Date , 19 s �y•, of r"mss »�, y) :v T ':. •iatl � r, , t---'�.. _ - ts G/ r I � N 41 >s d 3.n,�ac t p tr P?r�<..y� �"y,�� •i ,Y,���• ,...•.... 4 � l— ` `: "q do . . 41 £x, i �• 4 - " •>?_ . C�i w }��+�er,"1 "x .�-�xl. v a r J is �Y�1 f" _ -+ k j 1 �i f �. ,, a1 4-art p.�. >f -t t •f�• ' A'" a.l t •!. 4�17— IRI , � k� •"~}�� ..j � cif M1 �:�'ta My����i����i .P n _•��;. 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"� � ^+xYK'•� a5 .:1 i�. .J' z ! fa -a { �"ri � f b.r Y -> t -, ...S.. a t.~ t✓ ry 1 �y.t� -a 3 }�`'�` r„4 x' c. '�a't, x jr � t �... � � 4�' T�7i'�r - } ' '�f �> �'1rtt� i +��i� �^-.'L r F 4 nA'` � .s, e-�;+ � } t�.{.;j�.l#�.�>�;;��'d..J• Z ��s > ��iry4. a��� � � �� �,tS>, v Y� t.x 1 �as'" «` tr � F�Ye mix -t '�� .E."'! .bK ay.t-i��M♦ t- �.�y �+.-�i4 � y�� L �' '��r z.fr �+�'+�it i ��•3 < ++.-t"'�'"5-t�''r 4`s2w`�yL. t� c a,`r.+�"u��.r,*"Y.�+y Ay. �xty,r�;;,p;�, L yrs'"..�?Yt ��u`. °,v '�� ��� •� �"�-,� + 'do- �"`a Sfi�}�� r x c., xr,�'"�" m -.`".i;• � ``.�.'.. � �t'Y: n COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY RECEIVED MARTINEZ,CALIFORNIA JAN 3 1 2001 Date: January 30, 2001 CLERKCO BOAR OF S ACO.'SORS To: Ann Cervelli, Clerk of the Board From: Victor J. Westman, County Counsel By: Diana J. Silver, Deputy County Cou el Re: Deposition Subpena re Singh v NRA Construction In response to the deposition subpena you submitted to this office yesterday, I contacted the attorney, Sandy Liu, of the Bishop, Barry et al law firm to inquire about the background of this case so that you could comply with the subpena. She faxed the attached claim form filed by Lannie Singh in October, 1997. As described on the attached deposition subpena, please assemble any of the documents described in attachment 3 relating to Ms. Singh at 52 Gertrude, Richmond from 1980-2000. Since this appears to be in the city of Richmond, you may not have many documents apart from the claim itself. Also, I don't think you would have anything related to requests for permits. Please contact me if you require further assistance. A co m M Postage $ M ID r=l Certified Pee Er Return Recelpt Fee Postmark M (Endorsement Required) Here, ru �O (Endorsement jul Total Postage a Fees ru Ln Recipient's Mame (Please Print Clearly)(To be completed by mailer) o fk:'Y.I. DISCOVERY SERVICES 83;ee;Apt Mo.;or PO Box IVo. 0 2025 GATEWAY PLACE SUITE 330 C3 City State,zip+6 r- S JOSE CA 95110 LANNIE SINGH VS. � -D NRA CONSTRUCTION SERVICE ADVICE FORM Office of Clerk of the Board (Title of Action) SUBPOENA (To Produce Records) M F1 W) (Name of Action) JAN 26 2009 Superior Court of California, County of Contra Costa COUNTY COUNSEL (Name of Court) MARTINEZ CALIF. C0002343 (Number) 1) Service was made by: Personal Service [X] Name of Server: MOHSEN ZABARDAST Mail [ ] Did you sign acknowledgment and return it to Plaintiff '.s Attorney? Yes [ ] No [X] 2) Date of Service : JANUARY 2&, 2001 Time of Service : 10:45 AM 3) Were you served as an individual? Yes [ ] No [X] 4) Were you served as an official of the County? Yes [ ] No [X] 5) Was service made on the Clerk of the Board? Yes [X] No [ ] 6) If service was made in person, then please give the name of the person who received service: Name : JOAN STALEY Title : Deputy Clerk Department : Clerk of the Board Office Address : 651 Pine Street, Rm. 106 , Martinez INSTRUCTIONS : The Summons and Complaint (and other legal documents) should be referred immediately to County Counsel . TO: COUNTY COUNSEL Received the documentation pertinent to the above referenced Action this 26th day of January 2001 01/25/01 F.Y.1. Discovery Services Records Ready Fax Form File number: SJS102979 Faxing Instructions 1. If you do not have the capability to copy these records you may fax this form to us and we will copy the records for you. (Refer to the attached subpoena for a description of the types of records you are to produce. Please include bills and x-ray films when indicated) 2. Complete the"Records Ready" section below and fax it to us at * (800) 270-7071 (If you are unable to fax, please call (800)800-6800 ) Records Pertaining To: : LANNIE SINGH VS. NRA CONSTRUCTION,INC. Date of Birth Social Security# Medical Records# » Records Ready « • Please check the appropriate boxes below. ❑ ALL of the requested records are ready to be copied. ❑ BILLS included ❑ XRAYS included ❑ SOME of the requested records are ready to be copied. ❑ BILLS NOT included ❑ XRAYS NOT included If you are unable to locate any records with the information provided, please sign and complete the Affidavit accordingly and fax back to F.Y.I. Discovery Services. •Approximately how many pages are to be copied? ❑ 1 -50 pages ❑ 51 -200 pages ❑ 200- 500 pages ❑ 501 -750 pages ❑ 751 + pages (1/4 inch thick or less) (1/4 to 1 inch thick) (1 to 2 inches thick) (2 to 3 inches thick) (over 3 inches thick) •What are your COPY hours ? Monday Tuesday Wednesday Thursday Friday ❑ To ❑ To ❑ To ❑ To ❑ To Closed for lunch To Person to see: Phone: Signed: Print Name: Date: •Please confirm the address where the records are to be copied: Records From: Address correction requested: BOARD OF SUPERVISORS CO OF CONTRA COSTA-CO ADMINISTRATION BUILDING 651 PINE ST., RM 106 MARTINEZ,CA 94553-1229 FAX Attachment 3 File#: SJS102979 BOARD OF SUPERVISORS CO OF CONTRA COSTA-CO ADMINISTRATION BUILDING Pertaining To: LANNIE SINGH VS. NRA CONSTRUCTION, INC. Date of Birth: Social Security No.: 1.ANY AND ALL DOCUMENTS RELATING TO LANNIE BUSTER-SINGH IN CONNECTION WITH THE DWELLING LOCATED AT 52 GERTRUDE AVENUE, RICHMOND (PARCEL 408 042 015 1) FROM 1980 TO 2000 INCLUDING, BUT NOT LIMITED TO EARTHQUAKE DAMAGE CLAIMS, REQUESTS FOR PERMITS, COMPLAINTS FOR DAMAGE, RECORDS RELATING TO CLAIMS FOR PROPERTY DAMAGE,AND GOVERNMENT TORTS CLAIMS. SJ S1 02 979**SJS102979 (PROOF OF SERVICE BY MAIL- C.C.P. 1013A) I am employed in the county of SANTA CLARA, my business address is 2025 GATEWAY PLACE#330, SAN JOSE, CA 95110, 1 am over the age of eighteen (18), and am not a party to the within action(s). I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service, and that the correspondence described below will be deposited with the United States Postal Service today in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit. I served the within copy: DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS on the below listed entities in said actions by placing said documents in a sealed envelope with postage fully prepaid and addressed as follows: H.JOSEPH JUNG ATTORNEY AT LAW THE WARREN BUILDING 166 SANTA CLARA AVENUE OAKLAND, CA 94610 ATTN: H.JOSEPH JUNG, ESQ. Represents: PLAINTIFF and that they were deposited on 01/25/01 for deposit in the United States Postal Service and that the envelope was sealed and placed for collection and mailing that date at F.Y.I. Discovery Services 2025 GATEWAY PLACE#330, SAN JOSE, CA 95110, following ordinary business practices. DATED: 01/25/01 AT SAN JOSE, CALIFORNIA I Declare under penalty of perjury that the foregoing is true and corect. This form was printed for all subpoenas in this series signature MAILSERV 7 <ent ty: BISHOP BARRY HOWE HANEY & RYDER 5105960899; 01 /29/01 5:26PM;,Jgtrax #54; Page 1 /3 LAW OFFICES OF BISHOP, BARRY, HOWE, HANEY & RYOER A PROFESSIONAL CORPORATION WATERGATE TOWER III 2000 POWELL STREET SUITE 1425 EMERYVILLE, CALIFORNIA 94608 FACSIMILE(510)596-0899 TELEPHONE(510) 596-0888 TEL.ECUMMUNICATIONS COVER PAGE January 29, 2001 5:04 PM The following document, including this cover page, is 3 pages. If any portion of the following document is illegible or missing, please call our office at the number stated above as soon as possible. This Document Is From: Sandy Liu (510) 596-0888_Ext. 345 Re: Singh 'v. NRA Construction, et. al. Our Facsimile Number: Our File Number: 811-20187 (510) 5 96-0899 PRIVILEGE AND CONFIDENTIALITY NOTICE The information in this facsimile is intended for the named recipients only. It may contain privileged and confidential matter. If you have received this facsimile in error, please notify us immediately by a collect call to (510)596-0888 and return the original to the sender by-mail. We will reimburse you for postage. Do not disclose the contents to anyone. Thank you. Please deliver immediately to the following parties: Privileged and Confidential Evidence Code section 1152 Privilege Diana Silver Contra Costa County Counsel Facsimile (925) 626-1078 MESSAGE: As you requested, following is Ms. Singh's Government Torts Claim Act claim form filed with the Board of Supervisors of Contra Costa County in October 1997. ,Sent--b y: BISHOP BARRY HOWE HANEY & RYDER 5105960899; 01 /29/01 5:26PM;JetraX #54; Page 2/3 Clair tot BOARD OF SUPERVISORS OF CON-MA =A pOIM INSTRUCTIONS M CLAIM NT A. Clai= 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 that, 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 =st be filed With the Clerk of the Board of Supervisors at its office in Roos ID6, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If clairr. 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, eeparote claims asst be filed against each public entity. B. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. f • 4 # V M a M 0 11 0 • a O t t 0 # a N N gas RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED A ins�t County of Contra costa ' SOT w 8 or I District) �RKcoOCOSTA coisoRs' (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-nzmed District in the sin of and in support of this claim represents as follows: i ' 1. When did the damage or injury occur? (Give exact date and hour) nr 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur. (Give full details, uge extra paper 1f required) loci 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) Sent Eby: BISHOP BARRY HOWE HANEY & RYDER 5105960899; 01 /29/01 5:26PM;,Jetrax #54; Page 3/3 5, wnaL are the names of cOUnLy or district officers, servants or employees causing . the da—g a or injury? 5. What damage or injuries do you a aim resulted? (Give full extent of injuries or damages claimed. Attach two estimates fer auto damage. A kq= 5 �rUvg 7. How was the amount claimed Aove computed? (Include the estimated amount of any prospective injury or damage.) 9. Names and addresses of witnesses, doetor5 and hospitals. 9. list the expenditures you made on account of this accident or injury; DATE ITEM AMOt111'T 4F Z i i * 11 w l�f..1f .* ! M • * i 0 1 i i i t t i t i A * M ! M R • � Gov. Code Sec. 910:2 provides; RTbe claim musk be Signed by the claimant SEND NOTICES T0: (Attorney) er ft some person ap his behAlf." Name and Address of Attorney Cla' is Signature)T Address Telephone No. Telephone No 0: � -�(l ",Z) i • i i i * I • i f i IF i i919t as off +� N0TICE 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 Witing, is punishable either by i=prisonment in the county jail for a period of not mare than one year, by a fine of not exceeding one thousand ($1,0100), 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. 811.20187 SJS102979 982(a)(15.2) ATTORNEY OR PARTY WITHOUT ATTORNEY(Name,state bar number,and address): FOR COURT USE ONLY SANDY Y.LIU BAR#198763 BISHOP,BARRY,HOWE,HANEY &RYDER-ATTORNEYS AT LAW WATERGATE TOWER III 2000 POWELL STREET,SUITE 1425 EMERYVILLE,CA 94608-1804 TELEPHONE NO.: 5101596-0888 FAX NO.: 510/596-0899 ATTORNEY FOR(Name): DEFENDANT NAME OF COURT: SUPERIOR COURT OF CALIF,COUNTY OF CONTRA COSTA STREETADDRESS: MAIN STREET COURTHOUSE-UNLIMITED CIVIL MAILING ADDRESS: 725 COURT STREET CITY AND ZIP CODE: MARTINEZ,CA 94553 BRANCH NAME: PLAINTIFF/PETITIONER: LANNIE SINGH DEFENDANT/RESPONDENT: NRA CONSTRUCTION DEPOSITION SUBPOENA CASE NUMBER: For Production of Business Records 00002343 THE PEOPLE OF THE STATE OF CALIFORNIA,TO(name, address, and telephone number of deponent, if known): Custodian of Records For: BOARD OF SUPERVISORS CO OF CONTRA COSTA-CO ADMINISTRATION BUILDING 651 PINE ST.,RM 106 MARTINEZ,CA 94553-1229 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3,as follows: To(name of deposition officer): F.Y.I.Discovery Services (408)441-7000 On(date): 02114/01 At(time): 9:30 A.M. Location (address): 2025 GATEWAY PLACE SUITE 330 SAN JOSE CA 95110 Do not release the requested records to the deposition officer prior to the date and time stated above. a. ® by delivering a true, legible, and durable copy of the business records described in item 3,enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper,sealed, and mailed to the deposition officer at the address in item 1. b. by delivering a true, legible, and durable copy of the business records described in item 3 to the deposition officer at the witness's address,on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b). C. by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are.to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after service, whichever date is later).Reasonable costs of locating records,making them available or copying them,and postage,if any,are recoverable as set forth in Evidence Code section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561. 3. The records to be produced are described as follows: RE:LANNIE SINGH VS.NRA CONSTRUCTION,INC. ® Continued on Attachment 3. 4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU,A COURT ORDER OR AGREEMENT OF THE PARTIES,WITNESSES,AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAYBE PUNISHED AS CONTEMPT BY THIS COURT.YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: 01125101 SANDY Y.LIU ' ISf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA) Attorney at Law (TITLE) (Proof of service on reverse) Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PRODUCTION Code of Civil Procedure, Judicial Council of California §§2020,2025; 982(a)(15.2)(Rev.January 1,20001 OF BUSINESS RECORDS Govemment Code§68097.1 AFFIDAVIT Check# 932980 (Pursuant.to California Evidence Code 1561 &1271) READ,SIGN,DATE,ATTACH TO YOUR RECORDS,AND SUBMIT TO DEPOSITION OFFICER: F.Y.I.Discovery Services 2025 GATEWAY PLACE,SUITE 330 SAN JOSE,CA 95110 408 441-7000 or tann%800-6 800 Tide of Case: LANNIE SINGH VS.NRA CONSTRUCTION Attorney for Plaintiff: H.JOSEPH JUNG Attorney for Defendant: BISHOP,BARRY,HOWE,HANEY&RYDER DATE OF DEPOSITION: Wednesday February 14,2001 RECORDS PERTAINING TO: LANNI E SINGH VS.NRA CONSTRUCTION,INC. Date of Loss: 06/11/97 1,THE UNDERSIGNED,BEING THE DULY AUTHORIZED CUSTODIAN OF THE RECORDS AND HAVING THE AUTHORITY TO CERTIFY THE RECORDS DECLARE THE FOLLOWING:THE ATTACHED ARE THE RECORDS OF BOARD OF SUPERVISORS CO OF CONTRA AND THAT THESE RECORDS ARE KEPT IN THE REGULAR COURSE OF BUSINESS AND SUCH BUSINESS IS A TYPE OF BUSINESS IN WHICH IT IS CUSTOMARY TO KEEP SUCH RECORDS; THE RECORDS WERE PREPARED BY PERSONNEL OF THE BUSINESS WITH ACTUAL KNOWLEDGE OF THE MATTERS STATED IN THE RECORDS AND THAT THE ENTRIES CONTAINED IN THE ATTACHED RECORDS WERE MADE AT OR NEAR THE TIME OF THE ACTS,CONDITIONS OR EVENTS DESCRIBED. TRUE COPIES fA Pursuant to Evidence Code Section 1560(b)the attached copy is a true,legible and durable copy of the records described in the Subpoena. ORIGINAL RECORDS El Pursuant to Evidence Code Section 1560(e)the original records described in the Subpoena were delivered to the attorney or the attorney's representative for copying at the witness'place of business. CERTIFICATION OF NO RECORDS_ El That a thorough search of our files revealed no documents, records or other materials called for in the Subpoena and that no such records exist with the information provided.(Please give a detailed explanation.) El Requested records existed at one time but have since been purged. 0 Records do not exist for the time frame specified. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. AFFIDAVIT OF PROFESSIONAL PHOTOCOPIER SIGNATURE ✓ SECTION 22462 of Business and Professions Code. PRINTED NAME I solemnly affirm that I am the attorney's representative and that I 1made true copies of all the original records delivered to me by the TITLE kkPHONE 3 Custodian of Records of the within named location,and these cjk records will be distributed to the authorized persons or entities. Executed on ry-L 2,00 /at Ne 2—— California Executed on IN REPLY BOARD OF SUPERVISORS CO OF CONTRA At PLEASE COSTA-CO ADMINISTRATION BUILDING REFER 651 PINE ST.,RM 106 Signature TO MARTINEZ,CA 94553-1229 IIII�AFFIDAVIT /AFFIDAVI S J S 1 0 2 9 7 9 $ MS CLAIM 8 =5: or S�.-Ec�1SC=.5 CF CONTRA CZS% CC:.INTY, CALIFORNIA November 4, 1997 Claim Agairst the Ccurty, or District governed by) BOAR: ACTION the BCard of Supervisors, Rotting Endorsements, ) NOTICE TO CLAIMANT anz Board Act)er. All Section references are to ) The copy of this document mailed to you is your notice of Ca'ifcrnia Gcvern—e^t Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Governme mm a. Amount: $8,000.00 Section 913 and 915.4. =lease note all "Warnin em CLAIMANT: Lannie Dee Singh Buster 0 C T 15 1997 ATTORNEY: COUNTY COUNSEL MARTINEZ CALIF. Date received ADDRESS: 52 Gertrude Avenue BY DELIVERY TO CLERK ON October 8, 1997 Richmond, CA 94801 BY MAIL POSTMARKED: October 7, 1997 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: October 14, 1997 IVIL BATCHELOR, Clerk14 JA hjJ 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 nct 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: ��' J 7 BY: Deputy County Counsel III. FROt,; ClerK of the Board 70: County Counsel (1) County Aor.inistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). Iv. BOAR: ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:_ Qf,Z_PHIL BATCHELOR, Clerk, By C . 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 warnino 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: //— /3 — / 9' BY: PHIL BATCHELOR by 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 Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Lt,s .: r RECEIVED . -Against the County of Contra Costa �i —807 orOF District) I CLE R CONTRA COSTA CO.ISORS (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ �)('X and in support of this claim represents as follows: T 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) X*4�� 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) 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 c resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Me 7. How was the amount claimed ove computed? (Include the estimated amount of any prospective injury or damage.) --------------..------------- $. Names and addresses of witnesses, doctors and hospitals. 9. List the dxpenditures 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 iDerapn on his- behalf." Name and Address of Attorney Clai is Signature 01 Oau 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 wi^iting, 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. . I :CAJa- rYN y I�or� AL ( v oj Qc3 � � - c y -S'AQ-) aoci -k�1d. Cir 4it-, C',(xME- AK�k-) Vy-\ aVACi V)CA'O-eCj 46Z�.-. y � -hC\, . wCOZ?� vg,+n �OJ ck.�,c e". a C- C1c�-ri�Q � ��� W� � O�v�e� A : _ a - a-SV- the, dia\ iz� �� wF� , Ade VcLkse oc Y�S� � e✓ IAC _ we mc� ,� -h� c�,�1n',nc A-o dc.o-ylar . _ _ _ _. .JE l.O CONSULTING ENGINEERS 930 Dwight Way,Suite 10A TEL: (510)649-0241 Berkeley,CA 94710 TEL: (510)649-0468 FAX: (510)649-0239 ENGINEERING REPORT' P o' e'030`0421 September 05, 1997 INSPECTION ORDERED BY: Mrs. Singh �'��p r` 52 Gertrude AvenueT Richmond, CA 94804 Tel.: 236-5160 REPORT SENT'TO : SAME AS ABOVE PROJECTNO: R-301 LOCATION: SAME AS ABOVE Upon the request of Mrs. Singh, our office has performed all engineering inspection of the above inenfioncd property on September 05, 1997. The Property is a one story single family residence situated ort a flat lot. The building is two parts, the first (older part) is a wood frame structure with um•eittforced stone exterior walls and the outer is a relatively new wood frame structure. Mrs. Singh indicated that. there were cracks in the building which, site said, might have been caused by a recent construction of the street ill front of the property. During our site visit we noticed cracks in the exterior walls and including the exterior wall of the one car garage along the bottom of the wall. We also noticed cracking in the wall and ceiling of the bedroom facing the street. Cracking was noticed in the concrete driveway too. It was difficult to know when these cracks were developed. However,we think that the bedroom wall cracks have developed before the walls were painted last titne. It was more difficult to guess when the cracks in the exterior front and side walls. However, with slab-on-grade floor in the garage, it is quite possible that the construction activity in the vicinity has to cause shaking in the garage structure,which aright, in Mtn,cause the cracking we noticed. Our recommendation is to repoint the mortar along the cracks. We estimate the cost to be within $900. *nine hundred dollars* inaddition of our$160.00 fee for the site visit. f Lo-v\v'N 5� �.� w� a ��� -�d y �5 JOHN HOUSTON Masonry and Cement PROPOSAL & CONTRACT P.O. Box 1684 Richmond, CA 94802 (610) 237-4648 r� Date , 19 X g40e eo Telephone To whom it may concern. propose to furnish all materials and perform all labor necessary to complete the following: 4?'e3� ovaS��l-,� !6 ��X °�''l`' 1,/,, °2 ht 4 j V4 7 0/.L- C1� All of the above work to becompleted in a substantial and workmanlike manner according to standard practices for the sum of , Dollars ($ (p 45070, ) Payments to be m de as the work progresses to the value of per cent( %) of all work completed.The entire amount of contract to be paid within days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract All agreements must be made in writing. Respectfully submitted, ACCEPTANCE BZV&— You are hereb authorized to furnish all materials and y labor required to complete the work mentioned in the D t / above proposal, for which agree to pay the amount mentioned in said proposal, and ���� 5;�O f according to the terms thereof. ACCEPTED Date , 19 " All ti ,' :�:�`��� '.CCS•j'. a, r }y •.t rt _. rsr �1' •,• we kE'�7 47 Y fi i!Nkl t. pp tr i �4 v r„ t -Y , .ni V� � s . r j 1, i �•.'Vii. 4 t � '. ! zi A 311 Al i ��. �IIS fi'�Ba �►"` ; a IEvAr . two � iF" t"�\+,'7✓^ Pik.. 1AAal Ova J c _. t 1 �, a. E � x `•. ff 4 T AN } v �.+. •vw.� � � ,,�a Yrs � � �; r�; � w�,',� 46 ��3'� � � �'•'��i9. �; �p(i„�'��xF.'a �x�uri.trr��,Yi,. �{� r. y at`� ' r ��i� wr a• 4 � 4 9. u{' 'S. y r ♦.,�" t•,w k �... ��! `'it"4�„�¢ t" ,� t ry e # 1 xt. � # r :ty. g... '�Lf a^-' ♦ St:'.' � >A '�4-.: .�� ai'!l., ,S% k .�.� + kf� M1, � „�\� j ,14„x��''�ksixdt."�F X i 4Cie M !�*.:' .13A -.Oyu► �' y C yt.,1 rz: }:.a . �77, Z`"�"�ctt�, ti t i !4",Tey T ,AM,r Itrt 47,f1 it +�u x(' ioil(?�IZe n r lit ` ♦ 'moi �w � t` �„ Y :.;"6 �.� {Ytw� t f,. X11 •STA � .. ° 4 V�,{` W ARM Way 7 i S/ AQKI ► '.n:- ✓dam 3 i .. 3 }.,� r+' V r ^ l e. s1t `!q 1 INsaur � _ if ' 'a:�+r"i f r s 'XZ r' r{�F '•�,. 4G RR -1" 3#"M:i'' r E .b �i v, y, ; � � ? �.x r ix"` r t' w J c 1 ,,'`t`•t<5 ,r .+'� � s,t dT4 lt "S 'M'M t ��F, 1 �n8. } � r � Ch' aSi s . Ix s1, t qrt n r k,.e t b ;5+ e tt i iiX JRK 3q`P' ,Fd :: rk _+H r4 ✓r c tr a.Y `.fw£.� y�s,l a''E, $e. .. FGN VA �' �"4tTt�a' ! +xa OR f J kJ,4g ''a�z'4Fs l Ji,•fv" n� cK.VN,¢�'f°�.K{ }✓. ;� y 4 r*i, � 't�"'%Lu�,9 ''� eA "Y 1!'caa 3r' xr; rs`st7Ri';. s; s;lar, d t r, t ,u 1• zr 'Kc v 3d w xStd ,i}l-ni ''s�Ms`' ,,�Rzq"u� t y"t4cn [{ CL "F �5 `'tbq e'4 V4e 0 -q N -O .(" 7' <"ye9 rt�'`}'" s.�},y '+ •rpRk�k-"n1 _ m. ca Q 3 v kca r� JUL C M ca w Uaa.,V{ r.X1"ia�ri� Y trS ... A a LL Tc 7,.rt 4e•. �,� V G '� $��" �` 5t� .tom. A@+t.y��'„ 'yj A.{'S( .�{H �.b}�d E'�' .!5 Y ��4t'i�'�•'(�G.(a^� ",� ,� .. ". k'�-•sf;�A �'�y�,gul�#r$ v �a }t �"�, r �it'��F,��.�M � o-R �' S�,�P� .���-� ��c' c•u,"w ta�.,�, qi,*E. �rc,.;k�Yr... ,�? '� ;.. i a•-s �� v+e �4 { r � 4 Irl!=$7#r a 4� :I gr MIN ��$" ",� •� } to a}� r r `St :id! < �+�"z c;- ,c„ ,,,� u 3bh"},a�� 4 -, �* is t ea 8- e 4r S gR r'J`43 r '`'✓' ,tv ' �*p�'h•t'4s k-•nY� a 'cE� � tin. {' � '£4' ., h.'..rt. c � �y n'S.S'4 M'`q S F *x-°s4d �, r, & ;. t�,��. t-r kms+ a } 'kwvy 4.. r ' a' ; g z K t .sm $ t Y �,! r .' t g F�i -� P.GL, - ea- r L � x? 1 4- r � hy^" r >w z� H >•,�` x x ,T r r 41P - k M-.xrs '''cV•+.a '�" J;�'Is�{� -. ��^'+ 3 s s ,., a -.sk X '.: ' �� �a b*� �'>;r� � r�,Fr� u a k FF tIRP d^ '�{`atd�} •*�G,'.-`t - o } z< s t ,,,, - �r y z- s t rsr r 4 e .1 9^'.r,� r #s rc r AMs k q CLAIM 6- 0-7 CF CO'B'RA C^S'A CC.INTY, CA, IFO;NIA November 4, 1997 Clair. A_airst the County, or District governed by) BOAR-' ACTION the Board of S•,;pervisors, Routing Endorseinerts, ) NOTICE TO CLAIM,-NT and Eoard ActiCn. Al) Section referen-es are to ) The copy of this document mailed to you is your notice of Calif; ria Gcve-e Cones. ) the action taken on your claim by the Board of Supervisors (Parag-aph IV below), given pursuant to Government Cote Amount: Unknown Section 913 and 915.4. Please note all "Werni CM37 [EM) CL A I MAN': Emma Kerman 0 C T 15 1997 ATTORNr.: Pamela J. Zaid, Esq. COUNTY COUNSEL Bureshim Kaplan, et al. Date received MARTINEZ CALIF. ADDRESS: 2298 Durant Avenue BY DELIVERY TO CLERK ON October 10, 1997 Berkeley, CA 94704 BY MAIL POSTMARKED: October 9, 1997 1. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. DATED: October 14, 1997 Jy1L DATCHELOR. Clerk eputy 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 910.6). ( ) 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). l]<, ) Other: 695X. ifL41/� ��-�-�` dZ_ (7 lw,�. Dated: BY: ) DeCu:y County Counsel 111. FROk: Clerk of the Board TO: County Coursel (1) County Avr.Inistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDAR- 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. / c� Dated: //-O —/ / 9 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 warnino 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: _ — 19 9 7 BY: PHIL BATCHELOR b A A 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 Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp FSM KF , Y RECEIVED Against the County of Contra Costa ) OT 10 WT or ) R OF SUPERV District) CLERK RA COSTA CO ISORS Fill in name ) The undersigned claimant hereby makes claim against the County of.Contra Costa or the above-named District in the sum of $.* and in support of this claim represents as follows: *VI-�6-ase see Attachment "A" . 1. When When did the-damage or injury occur? (Give exact date and hour) June 18 , 1997 - hour unknown. 2. Where did the damage or injury occur? (Include city and county) 1810 Market Street, San Pablo, California 94806-4493 . _-__-- 3. How did the damage or injury occur? (Give full details; use extra paper if required) Defendant, Emma Kernan, was served on June 18, 1997, for injuries sustained by plaintiff, Florese Brown, when plaintiff tripped and fell over a concrete step at the end of the walkway in front of 1810 Market Street. 4. What particular act or omission on the part of county or district officers, servants or .employees caused the injury or damage? Please see Attachment "A." (ever) Page 1 of 5 5. what are the names of county or district officers, servants or employees causing the damage or injury? Contra Costa County Department of Public works. ----------------------------------------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Ms. Kernan was served with a personal injury shit on June 18; .1997. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See Statement of Damages, attached. $, Names and addresses of witnesses, doctors and hospitals. Florese Brown Please see Attachment "B." 1285 Center Avenue Martinez, California 94553 - ---------------------------- ----- ----------------- ----------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT - To date, attorney'_s fees and costs in defense of litigation commenced by--Ms-. ,,Brown. Gov. Code Sec. 910:2 provides: �_�--- "The claim must be signed by the claimant SEND NOTICES TO:- A tdi° " (Attorne ,)`. or by some person on. his behalf." Name and Address of Attorney Pamela J. Zaid, Esq. - Buresh, Kaplan, et al: Claimant S' ture 2298 Durant Avenue . Berkeley, California 94704 Address Telephone No. (510) 548-7474 Telephone No. .. NOTICE Section 72 of the Penal Code provides: - "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if .genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,0000 or by both such imprisonment and fine. Page 2 of 5 1 Attachment "A" To Claim of Emma Kernan 2 1810 Market Street San Pablo, California 94806-4493 3 Telephone No. (510) 372-7655 4 On June 20, 1996, plaintiff, Florese Brown, tripped and fell 5 over a concrete step at 1810 Market Street, San Pablo, California. 6 Plaintiff, a 65 year old tax preparer, sustained two broken arms and 7 a displaced rotator cuff while attempting to brace herself from the 8 fall . Defendant, Emma Kernan, resides at 1810 Market Street, and 9 was served with this lawsuit on June 18, 1997, by plaintiff for' the 10 damages she suffered. The County of Contra Costa is responsible for 11 the installation and design of the concrete step and sidewalk. 12 Therefore, defendant, makes this claim for indemnification, 13 contribution, and apportionment of fault against the County of 14 Contra Costa for any and all damages resulting from this incident . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Buresh; Kaplan, ang, Feller & Austin 2298 Durant Ave. Berkeley,CA 94704 Page 3 of 5 • • 1 Attachment "B" To Claim of Emma Kernan 2 1810 Market Street San Pablo, California 94806-4493 3 Telephone No. (510) 372-7655 4 1 . Doctors Hospital of Pinole 5 2151 Appian Way Pinole, CA 94564 6 2 . Torsten Jacobsen, M.D. 7 2700 Grant Street, Suite 302 Concord, CA 94520-2267 8 3 . Contra Costa Orthopedics 9 2525 Stanwell Drive Concord, CA 94520 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Buresh, Kaplan, ang, Feller & Austin 2298 Durant Ave. Berkeley, CA 94704 Page 4 of 5 DO NOT FILE WITH THE COURT - —UNLESS YOU ARE APPLY/N:� R A DEFAULT JUDGMENT UNDER CA OF CIVIL PROCEDURE§ 585— ATTORNEY OR PARTY WITHOUT ATTORNEY(Name and Address): TELEPHONE NO.: FOR COURT USE ONLY WAYNE A. KNIGHT 707-422-.5411 WAYNE A. KNIGHT LAW OFFICE 1550 WEBSTER STREET, SUITE C FAIRFIELD, CALIFORNIA 94533-4993 SB#085736 ATTORNEY FOR(name): Plaintiff FLORESE BROWN SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA STREETADDRESS: 725 COURT STREET MAILINGADDRESS: MARTINEZ, CALIFORNIA 94553 CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: FLORESE BROWN DEFENDANT: EMMA KERNAN STATEMENT OF DAMAGES CASE NUMBER: (Personal Injury or Wrongful Death) C 97-02440 To(name of one defendant only):EMMA KERNAN Plaintiff(name of one plaintiff only): FLORESE BROWN seeks damages in the above-entitled action,as follows: 1. General damages AMOUNT a. XQ Pain,suffering,and inconvenience . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 , 0 0 0 :00 b. 0 Emotional distress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25, 000 . 00 c. Q Loss of consortium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . $ d. Q Loss of society and companionship(wrongful death actions only) . . . . . . . . . . . . . . . . . . . . . . . . . $ e. Q Other(specify) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ f. F-1 Other(specify) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ g. = Continued on Attachment 1.g. 2. Special damages a. XQ Medical expenses(to date). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . $ 25 , 000 - 00 b. 0 Future medical expenses(presentvalue). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 , 000 . 00 C. Loss of earnings(to date). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20, 000 . 00 d. Q Loss of future earning capacity(presentvalue). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . $ 2 5,. 0 0 0 . 0 0 e. Q Property damage . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ f. Q Funeral expenses(wrongful death actions only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ g. Q Future contributions(presentvalue)(wrongful death actions only) $. h. Q value of personal service,advice,or training(wrongful death actions only). . . . . . . . . . . . . . . . . . $ I. Q Other(specify) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ j• Q. Other(specify) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ k. Continued on Attachment 2.k. 3. Q Punitive damages: Plaintiff reserves the right to seek punitive damages in the a unt of(specify) .$ when pursuing a judgment in the suit filed against you. Date: June 18, . 1 9 9 7 WAYNE A. KNIGHT ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (TYPE OR PRINT NAME) (SIGNATIOZOkO606FIFF OR R Y FOR PLAINTIFF) Proof of service on reverse Form Adopted by Rule 982 STATEMENT OF DAMAGES Code of Civil Procedure,§§425.11.425.115 Judicial council or California (Personal Injury or Wrongful Death) s)eVa)(24)(New January 1,19971 Page 5 of 5 (D N .+C o Y F� i Lo N N �' �►fiCN O � u, c� }} 4 y# RY1 Ott s �, r t d a CLAIM OF CONTRA COS'A CG_1N7Y, CALIFORNIA November 4, 1997 Clair A_a�rst the County, or District governed by) BOAR: ACTION the Bard of Supervisors, Routing Endorsemerts, ) NOTICE 10 CLAIMANT and Board ActiCn. All Section references are to ) The copy of this do:ument mailed to you is your notice of Ca'if;-nia Gcve- -%e^ Codes. ) the action taken on your claim by the Board of Supervisors (Parag•aph Iv below), given pursuant to G WT2 3) Amount: Unknown Section 913 and 915.4. Please note all inos". CLAIMANT: Israel Martinez Hernandez OCT 2 0 1997 COUNTY COUNSEL ATTORN-. : Steven L. Yep MAFITINEZCALIF. 111 West St. John St. , Ste. 555 Date received ADDRESS: San Jose, CA 95113 BY DELIVERY TO CLERK ON October 16, 1 c3c17 BY MAIL POSTMARKED: October 119 1997 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. October 20, 1997 �V�tIL BATCHELOR, Clerk DATED: : eputy 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: Date.: d"'�'Z� BY De;.uty County Counsel Ill. FKOr.: Clerk of the Board TO: County Counsel (1) County Aern. nistrator (2) { ) Clairr. was returned as untimely with notice to claimant (Section 911.3). IV. SDA'r.: 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: p�_/Cl Of7 PHIL BATCHELOR, Clerk, ByJ)14 aAL 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: // - /3 - /9q 'J BY: PHIL BATCHELOR D CDeputy Clerk CC: County Counsel County Administrator Law Offices of Steven L. Yep 111 West St. John Street, Suite 555 San Jose, CA 95113 Facsimile: 408-298-4551 Phone: 408-286-5988 NOTICE OF CLAIM _ 4. RECEIVED October 11, 1997 OCT 16 X997 CLERK BOARD OF SUPERVISORS Clerk, County of Santa Clara CONTRA COSTA CO. 70 W. Hedding Street San Jose, CA 95110 Clerk, County of Contra Costa 822 Main Street Martinez, CA 94553 Re: Claimant : Israel Martinez Hernandez Date of incident : August 28, 1997-September 12, 1997 Location of Incident : 2600 N. First Street San Jose, CA 95134 1000 Ward Martinez, CA 94552 Israel Martinez Hernandez brings this claim against the County of Santa Clara, Santa Clara Probation Department, Elmwood County Jail, Department of Corrections, Contra Costa County, Contra Costa County Jail, Contra Costa Sheriff ' s Department, Probation Officer Phillip Williams and other unknown agents for the sum of $2 , 500, 000 . 00 and for the sum of $250, 000 . 00 against each agent involved in the negligent and intentional acts committed against the claimant . Claimant makes the following statement, in support-- of upportof this claim. 1 . Claimant ' s address is : 1475. Kerley Dr. Apt . 1, San Jose, CA 95112 . 2 . Notices concerning this claim should be sent to Steven L. Yep Attorney for Claimants at 111 W. St . John St . Suite 555, San Jose, California 95113 . 3 . The date and place of the occurrence giving rise to this claim are August 28, 1997-September 12 , 1997, 2600 N. First Street, San Jose California. 4 . The circumstances giving rise to this claim are as follows : Mr. Martinez was on the electronic monitoring program in the County of Santa Clara. His Probation Officer was Probation Officer Phillip Williams . On 8/28/97, Officer Williams phoned Mr. Martinez to come into his office . Upon arrival, Williams questioned him as to an outstanding warrant . Mr. Martinez said he had not outstanding warrants . Mr. Williams said he had two warrants out of Contra Costa County. Mr. Martinez protested that he had never been to Contra Costa County. When Williams confronted him with the name on the Warrants, "Israel Bello Martinez, Mr. Martinez said it was a wrong middle name and although the birth date was the same, this warrant was not his . William said "I know it ' s not you, but you will be out in two days, I will call your boss ." Mr. Martinez said "then why I are you arresting me"? Williams said "I don' t know." Mr. Martinez was arrested and taken to Elmwood where he was booked. Mr. Martinez vigorously protested to Williams but it was to no avail . At County Jail, he again protested that the person on the warrant was not him. His pleas for release and research for corroboration to prove that the warrant was he were ignored. On 8/29/97 his wife brought his green card for added identification purposes . Showing a different name than "Bello" which was on the warrant . This too was ignored. Department of Correction personnel did not release him instead allowed him to be transported to Contra Costa County Jail in Martinez, CA. At Contra Costa, Mr. Martinez and his wife renewed his objections and protested his wrongful arrest . Martinez showed many different types of identification which had a different middle name than the warrant of "Bello", Mr. Martinez ' s middle name is "Hernandez" which is clearly apparent on the California identification card, Resident Alien Card, Price-Costo Employee Card, and Social Security Card. The Jail personnel again ignored his valid identification and pleas for further research on the identification to the person on the warrant, but they jail personnel said the person on the warrant was from USA', and Mr. Martinez said he was from Mexico. They told him his identification was not good. Immigration visited Mr. Martinez in Jail and the immigration officer said Mr. Martinez was no the person on the warrant . Finally after two weeks and two days, 16 total days wrongfully incarcerated Mr. Martinez was brought to Court of Contra Costa where it was stated on the minutes that Mr. Martinez was not the person who committed the crimes and was ordered release . His fingerprints were compared and they were not the same as the person who committed the crimes and named in the subsequent 2 warrant . During Mr. Martinez ' s illegal incarceration, he lost his job and more importantly, his medical benefits . His wife had recently lost their baby and was in need of medical attention, but could not see a doctor due to Mr. Martinez ' s termination. Because of the wrongful arrest of Mr. Martinez, Price-Costco felt that he had committed a crime and therefore not worthy of being an employee . Mr. Martinez had to fight hard to regain his Job and benefits . The Supervisor did not believe him and after repeated calls by me and pleas for his reinstatement, the supervisor called the Public defenders Office of Contra Costa County to corroborate our story of the wrongful, illegal arrest before he was given his job back. Unfortunately, was the only worker in the family and became behind in all .his bills . The outrageous conduct of the arresting officer and jail personnel is unbelievable . Mr. Martinez told them he was not the person on the warrant and proved it by his multiple valid identification. If the Probation Officer or the jail personnel would have done a simple PFN, fingerprint check, photograph from previous bookings, photos from "soundex" which they have immediate access, would have released Mr. Martinez, instead, he spent two weeks and two days protesting his innocence and suffering enormously. The County of Santa Clara and the County of Contra Costa are liable to claimant as their agents acts occurred within the course and scope employment . As a direct and proximate result of the negligence and intentional acts of County of Santa Clara, County of Contra Costa, their facilities and agents, claimant suffered serious harm. Mr. Martinez and Mrs . Martinez brings the following claims against the above named persons and organizations : False arrest, False imprisonment, negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, defamation, slander, Color of Authority, and violation of civil rights . r . 5 . The name of other public agents causing the claimants injuries are unknown to the claimant at this time 3 DATED: October 11, 1997 Steven L. Yep Attorney at Law T , 4 uf�Dfn O M-4 3 m �o� Z .r Do`s� d. N • C3 c w Er 1 • Ln 4' • .T I • AI. J 1 • t Wy 7 fA • } Im (M efs rat f � r � v W 0 _ 0i -t p CD D C ' Ln Ln :r O Z N a o D3...4tDC.--p. . "F3 Z NTON r' CD 9 L 3` n i