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MINUTES - 10131998 - C10
CLAIM BOAM OF SUPERUSURC OF CCIWTR A C-QST'A CD—UN—Us CALIF'QRNI<A BOARS AC`s Oct 13, 1998 Claim Against the County, or district Governed by y the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Acton. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given C 311W[Zpursuant to Government Code Section 913 and 915.4. Please note all "Warnings". SEP 2 1 199$ AMOUNT: $25,556.29 COUNTY COUNSEL MARTINCZ CAUR CLAIMANT: James Cornelius ATTORNEY: DATE RECEIVED: ADDRESS: 2445 Whitetar Drive BY DELIVERY TO CLERK ON: Sept 17, 1998 Antioch CA 945029 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: Sept 18, 1998 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: c '— � By: Deputy County Counsel III. FROIVC 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 eed in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, B Jr deputy Clerk WARNING (Gov. code s ction 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. AFMAVIT OF MAEUNG 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 Poul Service in Martinez, California, postage>fully prepaid a certified copy of this Board Order and Notice to Claimant}: dressed to the claimant as shown above. f Dated: ' , By: PHIL BATCHELOR Deputy Clerk CC: County Counsel County Administrator f MURRAY B. PETERSEN 3 ' ATTORNEY AT LAW :.� FINANCIAL CENTER BUILDING y/ J 405 14TH STREET OAKLAND, CALIFORNIA 94612 TEL. (514) 983-9676 j 17 October 1998 � rr; r Contra Costa County Office of county Counsel OCT :� 1 651 Pine St. , 9th Fl. c -. .3' Martinez, CA 94563-1229MARTINEZ,CALIF,S ATTN: Victor J. Westman, County Counsel re: Claim of James Cornelius Dear Mr. Westman: Enclosed please find copy of "Notice of Insufficiency and/or Non-Acceptance of Claim", in the above referenced matter. Please be advised that this was sent to my office in error, since I do not represent James Cornelius and I have no knowledge of ever having interviewed a person by that name. Please correct your records. Very truly yours, Ir __'-AA'Aj1 Murray B. Pet rsen MBP:ph Encl. v -�- t t V VICTOR,t.WES1'AAANoE CONTRA COSTA COUNTY 13un PHItW S.IES:JFF COUNTY COUNSEL JANICE L.AMENTA OFFICE OFTHE COUNTY COUNSEL SHARONL ANDERSON ANDREA W.CASSIDY VICKIARTHUR W.WALENTA,JR. COUNTY ADMINISTRATION BUILDING MARE S.ESTI S MARKS S.�sTls ASSISTANT COUNTY COUNSEL 651 PINE STREET,9th FLOOR MICHAEL p.FARR MARTINEZ,CALIFORNIA 94553-1229 LILLIANT.FUJII SILVANO B.MARCHESI GREGORY YC.HARs QREG4RY C.HARVEY ASSISTANTCOUNTY COUNSEL JANET L.HOLMES KEVIN T.KERR GAYLE NUGGET BERNARD L.KNAPP EDWARD Y LANE,JR. OFFICE MANAGER MARY ANN MASON PAUL R,MUNI? ARO PHONE(925)335-1800 PHILIP EJ.J,RAN HE VALERIE J.RANCHE FAX(9 5)646-1078 NQ '� F (" F INS„�'�7 TE "' C DIANA I SCHMIDT .1�y � v I,�,�;�,, DIANA J.SILVER BARBARA N,SUTLIFFE �{�^�,�({��y��ct�`j��'�jJ����((��""����-yt (� �,{ JACQUELINE Y.WOODS NQN-A ECLAI October 2, 1998 17, T4: Murray B. Petersen Financial Center Building n r 405 14" St. Ste 811 Oakland,CA 34612 RE: CLAIM OF: dames Cornelius " � V\` Vll-e 1 Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District gov6med by� Board of Supervisors fails to comply substantially with the requirements of California GovettYint Code Section 910 and 910.2,or is otherwise insufficient for the reasons checked below: [ ) 1. The claim fails to state the name and post office address of the claimant. [ 12. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [x] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [X 14. The claim fails to state the name(s)of the public employee(s)causing the injury,damage,or loss, if known. [ 5. The claim fails to state whether the amount.claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000),the claim fails to state the amount claimed as of the date of presentation,the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. Xj 6. The claim is not signed by the claimant or by some person on his behalf because claimant is the age of majority, she must present and sign her own claim. Xj 7. The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim.. VICTOR .,'tNESTMAN,County Counsel By: ssist t. C�nty Co el CFADIFICATE OF SEMCE BY MA (C.C.p.§§ 1012,1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: October 2,1998,at Martinez,California. CC: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICMNCY OF CLAIM:GOVT.CODE if 910,910.2,920.4,910.8) � � » � ~ 0rX4 M } % *2 / � � 0 _ o % \ U 0 e N 3 Q0 § � -Pa » § � / % 4 U O m 2 « } } � � ( : . to < » � ( / § e ] R \ q > t U k f j 4J \ 4 « E \ / ff a k $ $ ® \ U) 0 2 0 § 2 / \ 2 $30 \ o \ VICTOR J.WESTMAN CONTRA COSTA COUNTY PHILIP S, MENTA oEPUTALTH OFF COUNTY COUNSELJANtCE L.AMENTA OFFICE OF THE COUNTY COUNSEL SHARON L.ANDERSON ANDREA W.CASSIDY VICKIE L.DATES ARTHUR W.WALENTA,JR. COUNTY ADMINISTRATION BUILDING MARKE S.EST#S ASSISTANT COUNTY COUNSEL 651 PINE STREET,9th FLOOR MICHAEL D.PARR MARTINEZ, CALIFORNIA 94553-1229 LILLIAN T FUJII DENNIS C.GRAVES SILVANO B.MARCHESI GREGORY C.HARVEY MES ASSISTANT COUNTY COUNSEL JANET L.HOKEVIN KEVIN T.KEFtR BERNARD LKNAPP GAYLE MUGGLI EDWARD V.LANE,JR. OFFICE MANAGER MARY ANN MASON PAUL R.MUNIZ PHILIP J.NORGAARD PHONE(925)335-1800 VALERIE J.RANCHE MIDT FAX(925)646.1078 ��F INSUFFICIENCY DAVID DIANA J.S.SILVER BARBARA N.SUTLIFFE ANDM JACOUELINE Y.WOODS NO A ,,CEPTANCE OF CLAIM October 2, 1998 TO: Murray B. Petersen Financial Center Building 405 14"` St. Ste 811 Oakland, CA 94612 RE: CLAIM OF: James Cornelius Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Beard of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2,or is otherwise insufficient for the reasons checked below: [ D. The claim fails to state the name and post office address of the claimant. [ 12. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [X 14. The claim fails to state the name(s)of the public employee(s)causing the injury, damage,or loss, if known. [ ] 5. The claire fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). 1f the claim totals less than ten thousand dollars($10,000),the claire 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. Page 1 [X] 6. The claim is not signed by the claimant or by some person on his behalf because claimint is the age of majority, she must present and sign her oven claim. [X] 7. The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. VICTL.,,NVESTMAN, County Counsel By: ssis t C(Inty Coun el U ,R FIGAIM OF SFR.VICE BY MAS (C.CP.§§ 1012, 1013x,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United states,over 18 years of age,employed in Contra Costa County,and not a party to this action. i served a true copy of this Notice of insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. 1 certify under penalty of perjury that the foregoing is true and correct. Dated: October 2,1998,at Martinez,California. cc: Clerk of the Board of supervisors(original) Frisk Management (NOTICE OF INSUFFICIENCY OF CLAM GOVT.CODE§§'310,310.2,920.4,910.8) Page 2 ...................................................................................................................................................... . .. ..... ................... ........ ... t L) SEP 1 7 September 8, 1998 CLERK BOARD OF SJPE MORS CONTRA COSTA CO. 7 In Contra Costa County Risk Management Division 651 Pine Street, 6th Floor Martinez, CA 94553 ATTENTION- Julie Aumock RE: Date of Loss: April 8, 1998 Stacey Cornelius Dear Ms. Aumock, We as legal guardians of Stacey Cornelius are ready to settle on her behalf of pain and suffering, medical and lost wages. Listed below is an itemization of such: Lost wages total 23.5 hours @ $5.76 per hour $135.12 Medical payments (this is only our deductibles which we had to pay, the rest were covered by medical insurance) $421.17 Pain and Suffering $25,000.00 TOTAL SETTLEMENT $25,566.29 Enclosed are signed copies of release of medical information forms for Dr. Tischenko and Cornerstone Rehabilitation. Please send us a consent form for the release of medical information for Sutter Delta Hospital. SOcerely, Ames Cornelius (925) 778-8701 (home) (510) 653-0986 (work) Enclosures To whom it may concern: Stacey Cornelius missed the following scheduled shifts,due to the auto accident she was involved in on April 8, 1998. Thursday April 9 9am-5pm 8 hours Friday April 10 6pm-9pm 3 hours Saturday April 11 1 larn 3prn 4 hours Sunday April 12 11 am-3pm 4 hours Monday Argil 13___ Sum-close 4.5 hours Totals 5 shifts 23.5 hours Thankou4Chusseman ({owner) Subway Sandwiches and Salads 4460 Lone Tree Way Antioch,CA 94509 CLAIM BOARD Of 4 1Y, CALUDENIA BOARD AO Oct 13, 1998 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, NOTICE', TO CLAIMANT and Board Action. All Section references are to ) The copy of this document nailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph lU below), given �CIIi pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". SEP 2 1 1998 AMOUNT: $25,556.29 COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: .lames Cornelius ATTORNEY: Murray B. Petersen DATE RECEIVED: Finacial Center Building ADDRESS: 405 14th Street Ste 811 BY DELIVERY TO CLERK. ON: Sept 17, 1998 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: Sept 18, 1998 By: Deputy EL FROrM County Counsel TO: Clerk of the Board of Supervisors { ) This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filedlate and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( } Other: Dated: By: _._Deputy County Counsel M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator VICTOR J.WESTMAN DEPUTIES, CONTRA COSTA COUNTY PHILIP COUNTY COUNSEL ANICE L AMENTA OFFICE OF THE COUNTY COUNSEL SHARON L.ANDERSON ANDREA W.CASSIDY ARTHUR W.WALENTA,..JR. COUNTY ADMINISTRATION BUILDING VICKIE L TI S MARKE S.ESESTf5 ASSISTANT COUNTY COUNSEL 661 PINE STREET,.9th FLOOR MICHAEL D.FARR MARTINEZ,CALIFORNIA 9455:3-1229 LILLIAN T.RUJi1 DENNISSILVANO B.MARCHESI GREGORY YC.HVES GREGORY G.NAFiVEY ASSISTANT COUNTY COUNSEL JANET L.HOLMES KEVIN T.KERR GAYLE MUGGLI EDWARD VLLANE,JR. OFFICE MANAGER MARY ANN MASON PAULA.MUNIZ HILIP PHONE(525)335-1800 VALERIEJ.DRANCHED FAX(525)646-1078 N ('�E OF jj1�!�"( FFi ICI1`+'NC DAVID F.SCHMIDT .Sed •' �� sc' ��'. -a��... DiANA J,SfLVER ANS.., `,.-�� BARBARA N.SU LIFFE WOODS Lll V JAC4UELINE Y.WOODS NON-ACCEPTANCE OE CLAW October 2, 1998 TO: Murray B. Petersen Financial Center Building 405 1 e St. Ste 811 Oakland, CA 9461.2 RE: CLAIM OF: James Cornelius Please Take Notice as Fallows: The claim you presented against the County of Lantra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ 11. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [X 14. The claim fails to state the name(s)of the public employee(s)causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars($10,000),the claim fails to state the amount claimed as of the date of presentation,the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars($10,000),the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. Page 1 [X] 6. The claim is not signed by the claimant or by some person on his behalf because claimint is the age of majority, she must present and sign her own claim. [X] 7. 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 Atssistartt` Carroty Coun el / CERTIFICA.TE OF SEBY M (C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of penury that the foregoing is true and correct. Dated: October 2,1998,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 v September 8, 1998 CLERK WiNRD OF SJ'ERVISORS CONViA,COSTA CO. s , Contra Costa County Risk Management Division 651 Pine Street, 8th Floor Martinez, CA 94553 ATTENTION: Julie Aumock RE: Gate of Loss: April 8, 9998 Stacey Cornelius Dear Ms. Aumock, We as legal guardians of Stacey Cornelius are ready to settle on her behalf of pain and suffering, medical and lost wages. Listed below is an itemization of such: Lost wages total 23.5 hours @ $5.75 per hour $135.12 Medical payments (this is only our deductibles which we had to pay, the rest were coveted by medical insurance) $421.17 Pain and Suffering $25,000.00 TOTAL SETTLEMENT $25,555.29 Enclosed are signed copies of release of medical information forms for Dr. Tischenko and Cornerstone Rehabilitation. Please send us a consent form for the release of medical information for Sutter pelta Hospital. cerely, 4 { 4 \- lames Cornelius (925) 778-87011 (home) (510) 653-0986 (work) Enclosures To whom it may concern: Stacey Cornelius missed the following scheduled shifts,due to the auto accident she was involved in on April 8, 1998. Thursday April 9 9am-5pm 8 hours Friday April 10 6pm-9pm 3 hours Saturday April 11 1 lam-3pm 4 hours Sunday April 12 l lam-3pm 4 hours Monday April 13 Spm-close 4.5 hours Totals 5 shifts 23.5 hours Thank you. usseman (Owner) Subway Sandwiches and Salads 4460 Lone Tree Way Antioch,CA 94509 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOA A0 Oct 13,''1998 Claim Against the County, or District Governed by ) 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 California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please noteall "Warnings". AMOUNT: $13,860 C` S98 CLAIMANT: Roger Cottle `OUNSEL MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: ADDRESS: 8413 Byron Highway BY DELIVERY TO CLERK. ON: Sept 17, 1998 Brentwood CA 94513 BY MAIL POSTMARKED: L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, CI k Dated: Sept 21, 1998 By: Deputy II. FROM: County Counsel TO: CIerk of the Board of Supervisors { } This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( � Other: t i � ,# �5"�- �Inti eye #_fir x" e e { e r)CA u,n4i me-L4 a,� +o lets/?t. A5 40 6-1 d = �wr c -tel 1-e e > rn L ;y�r >. .. ` i r �`rA4 Dated: qf' By: �' a ,AVL__Deputy County Counsel III. FRONL• 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: QQ This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's VBy --. red in its minutes for this date. Dated:,,. - PHIL BATCHELOR, Clerk, r eputy Clerk WARNING (Gov. code Wction 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 Pos l Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, dressed to the claimant as shown above. Dated: ' By: PHIL BATCHELOR By t, j, �---`Veputy Clerk CC: County Counsel County Administrator VICTOR J.WESTMAN DEPUTIES: COUNTY COUNSEL CONTRA COSTA COUNTY PH{LIP S. ANIALTHOFF OFFICE OF"THE COUNTY COUNSEL SHARONL ANDERSON ARTHUR W.WALENTA,JR. VICKEL.AWEEss#Dv CGSt3PiTY ADMINISTRATION$L#1LfYNG ASSISTANT COUNTY COUNSEL 6551 FINE STREET,9th FLL'OR MCH E s.EST MICHAEL D.FARR MARTINEZ,CALIFORNIA 94553-1229 LILLIAN'T.FUJII SILVANO B.MARCHESI DENNIS 0.GRAVES ASSISTANT COUNTY COUNSEL JAGREGORY.HC.HARVEY ANETTLL,HC. KEVIN T.KERR GAYLE MUGGLI BERNARD L.KNAPP OFFICE MANAGER EDWARD V.LANE,JR. MARY ANN MASON PAUL R.MUNIZ PHONE(925)335-1800 PHILIP J.NORGAARD FAX(925)546-1078 VALERIE J.RANCHE DAVID F.SCHMIDT � `� (��� �� DIANA J.SILVER NOTICEI1��Mi-�lel 3 BARBARA N.SUTLIFFE �/ JACQUELINE Y.WOODS AS TO A PORTIQN OF THE CLAT_1V( TO: Roger Cottle 8413 Byron Highway Brentwood, CA 94513 RE: Claim of Roger Cottle Please Take Notice as Follows: In regards to the claim you submitted on September 16, 1998,portions of your claim are timely and portions are untimely. The portions of your claim prior to Marsh 16, 1998 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially withh the requirements of California Government Code Sections 901 and 911.2,because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to March 16, 1998 were not presented within the time allowed by law, no action was taken on those portions of your claim. Your only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Linder some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney,you should do so immediately. VICTOR J. WESTMAN, COUNTY COUNSEL C r fy Monika L. Cooper Deputy County Counse H:\GROUPS\TORT\RISK-MGT\CLAIMS\UNTIMELY\COTTLE Page 1 CERL`IF LATE OF SERYICE BY MAIL✓ (C.C.P. §§ 1012, 1013a,2015.5,Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Untimeliness as to a Portion of the 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. September 23, 1998,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 Longway T`Go Ranch 8413 Byron Highway Brentwood, CA 94513 (925) 625-1940 VIM September 11, 1998 SEP RECEIVED Risk Management, Uability Clain1s ,139G'on ,� County of Centra Costa 551 Fine Street CkERK BOAR f}OF SupERVISORS Martinez, CA 94553 ON1RA CQ TA Subject, Notice of Claim for Damages This correspondence is a formal notice of intent to claim,and eventually sue if necessary, for damages to the property and structures at 8413 Byron Highway, Brentwood,CA 94513. This claim is for water damages. This claim is made by Roger Cattle, hereinafter referred to as "Claimant". This claim is made against the County of Contra Costa, its employees, contractors and agents, hereinafter collectively referred to as "County'. This claire is based on the willful, negligent, and unlawful collection, diversion, conveyance and retention of water collected from East Contra Costa Irrigation District (ECCID)facilities and other sources including the Eden Plains Road culvert, which inundated multiple properties in the "triangle" of parcels located northeast of the Santa Fe railroad tracks, south of Delta Road and west of Byron Highway. This claim is made for damages resulting from the colloGtion, diversion, inadequate distribution and ultimate retention of water through County facilities which was collected and diverted from ECCID Facilities and tither intentional manmade conveyances and diversions during the months of February and March 1998, This isnot a claim for storm runoff'damages. The specifics of this claim are substantiated by eyewitness accounts, still photographs, aerial photographs and videotape which clearly demonstrate the volume, rate of dicoharge and path of water flowing to the impacted properties via County owned and maintained oonvoyanoes, The County failed to act in a responsible manner to prevent or mltlgate this flooding which occurred repeatedly over several days, The resulting diversion and retention of water caused flooding to my property which resulted in damages being sustained to that property. Page 2 The actual costs for damages are listed below: Damage an Lass Rouesf Basement flooded- loss: Xmas decoration damage $1,200 12 hours Personal Items {votnputer) $400 Cleanup& Disposal Gravel truck sank 20 hours Labor Tractor sunk&damage to starter 14 Cypress Trees last at $350 $25/each Helping Storage Customers 300 hours whose boats/trailers were stuck customer service Fuel Cast to fanner Hugh ? to $i OC pump Knightsen Labor at$35/hour $11,620 332 hours Total Loss $13,860 Claimant additionally claims. damages for loss of use of Gairnan;s property, declined property values, hardship, pain arra suffering, and Claimants may seek punitive and exemplary damages if such damages are appropriate. Claimant demands that the County cease and desist diverting water onto Claimant's property. Claimant demands that the County seek immediate injunctive re lef agalnst those parties responsible for said darnages if not the County. Claimant expects the County to act in good faith, mitigate damages caused and offer fair compensation for hardship, pairs and suffering, and for tree other damages which it hes inflicted. Sinowely, Roger Cv le of k y�A ...i t� f 7 rr fll cz Y x 2 p CLAIM 41e QART1 OF SUPERVISORS (�F CONTRA COSTA COUNTY, AI C) tIA Contra-Costa Health-Services Dept & Regional Medical Clater _ BARD A0tIlU: `Oct 1 , 1998 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to 1 The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the gy Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and sf-p 915.4. Please note,all "Warnings". AMOUNT: $750,000USIV COUNSEL MAR'�tiV-Z CAtd�a CLAIMANT: Imelda Ninfa Arugay Darauay ATTORNEY: DATE RECEIVED: ADDRESS: Gregory L. Allen BY DELIVERY TO CLERK ON: Sept 11, 1998 534 Pine Ste 102 Abilene TX 79601 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR lerk Dated: Sept 15, 1998 By: Deputy H. 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 filedlate and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: " (1 By: �- fr)6�n'�- !' Deputy County Counsel M. 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 en d in its minutes for this date. Dated: � f ,y PHIL BATCHELOR, Clerk, By � r`4 ,/ . putt' Clerk WARNING (Gov. code s on 913) Subject to certain exceptions, you have only six. (6) months from the date this notice was personally served or deposited in the snail 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, dressed to the claimant as shown above. Dated: ,' B PHIL BATCHELOR B ry �'" �, �._.._ y� y �" ` -���eputy Clerk CC: County Counsel County Administrator A. + i laime 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 crop's and which accrue on or after January 1, 1996, 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. (Gw't Code 911.2.) 8. Claims must be filed with the Clerk of the Board of Supervisors at its office iz Boom 106, County Administration building, 651 Pin& Street, Martinez, CA 94553. C. if claim is against a district governed by the 'Beard of Supervisors, rather than the County, the name of the District should be filled in. D. It the claim is against more than one public entity, separate claims must be filed against each public entity. E. Freud,_ See penalty for fraudulent claims, Penal Code Sec. 72 at the +end of this form. t#�t,��ss#tae���rs,�*+e+��#,►#rt�as,�#�f�tas��e*:+r,�:,►�t�:�re��ss,�a�a��,����:+�*�:rte► RE** Claim By �1 Reserved for Clerkr s filing stamp �at c�c{ rigs r7Y �,,"�aa! ��`'"✓. � .� ' 5 RECEIVED 'fit..a✓ �.5k'�E .`ese.et�'a%',M'�' �'fdves�i f+r,�e"4 c.)#"'- �'j 9,^r`�? (T �';✓•4r(4' y .... Against the. County of Centra Costa) 0 -5Zey�L:r,.;t District) CLERK BOARD OF SUPEt3V ONS (Fill in name) } CONTRA COSTA (0, } d 3r5`0$IVA The undersigned claimant hereby stakes Claim againstthe County of Contra Costa or the abovt-.named District 1n the sum of �.. �<'� UT. , and in support of this claim represents as to22ovs: 1. When did the damage or injury occur? (Give exact bate and hoar) low 2. tr�iere did the damages or injury occur? (Include city and county) �E?t'1�Y''t� �5 f•-4��}L}'�ff !�/tcr.+e°ta:.cl �C-Yr/�'�'` P''l�s'r�srC�`r (..esn�"F £��,� �3c.«f"�,. 3. bow did the damage or injury oar? (Give full details; use extra paper if required) Mo,o,`c4 e. What particular act or omission on the part of county or district officers, servants or employe*& caused the injury or damage:? J-zallLrYz . 2a f�'1�Crrtin �e +-�tJ� o•� ass �,es tL sPr A,,cY cj7 Co-e,. (over) :r. itYld"d. i3�C �117G •♦cue.++-... _.... ..,`.,....�d .._ .... �.�� employees causing the damage or injurY? 6. What damage or injuries do you claim resulted? (Give lull extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. now wa'es the amount c3.aixad az5ove computed? (Include the estimated augunt of any', pr* pectiv* injury or damage.) I' .•'f��`�f s #'/r.f A s s /off' 4C 4� v'- ayv>. ,Kgs ��r„r�e J 64., l 4 f�� �rn � � tfe'rr' low �+'a. ,f;rj s� d�Br� ' Cr«Scvfx'c is + t• ef ° ;w;s . r�:acn�rc Oast p f 8. Names and addr es of VitI%*acs*s, doctors and hospitals. XAP 9 List the expendituresyon mad on account of this accident or injury. r,�t��#,��##t#+rrr#st►rr:#:s#rlr:r#,�srrrr:##rrr�►r�irrrrrs:e:+��rtarrlrrr�t aov. Code sec. 914,2 provides } *The claim must be a gnsd by the claizant or by some roan on his Name and Address of Kttorney ) ) - 11 +1 (cl.ai �s Sratvze) 4� P"iq e- , s,_:H fry z.. ) e_ } Telephone No. Telephone No. ##!###ftil!#ett#et*M##!#!!!!#1irlM##!!1!t#####r#Rrir!!ll+Rrr##r##rr1##!rM#r• section 72 of the penal Code proV idees: Zveery person who, with intent to defraud, presents for allowance or for payment to any Mate board or off f tier, or to any e;.ounty, city or district board or offices, authorized to allow or pay the some if "ruins,, any false ear frauftl.ent claim, bill, account, voucher, or writing, is V=jshabje either by imprisonment in the county jail for a perm of root sore than a year, by at fine Of not *XC' :d Ag one th=:sand ($1,000) , or by both ntucft .impr'isorakent and tine, or by imprisonment its the state prison, by a fine of not "csoding ten tbausand dollars ($10,000, or by both such inprisorw*nt and fine. _...... CLAIM MARD AC71C1 k April 6, 1999 Claim Against the County, or District Caverned by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. .10notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given MAR C 3 1 pursuant to Government Code Section 913 and COUNTY c;oNseL 915.4. Please note'all "Warnings". AMOUNT: Unspecified MARTINEZ CALIF. CLAIMANT: Imelda Ninfa Arugay Darauay, individually and as representative of the Estate of Honorio G. Darauay ATTORNEY: Jack C. Provine DATE RECEIVED: March 1, 1999 Shapiro, .Buchman, Provine & Patton LLP ADDRESS: BY DELIVERY TO CLERK. ON: March 1, 199 1331 N. California Blvd. , Ste. 320 Walnut Creek, CA 94596 BY MAIL POSTMARKED: Hand-delivered L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATC. LOB, Clerk���� Dated: March 2, 1999 By: Deputy _ � ! II. FROM County Counsel TO: Clerk of the Board of Supervisors ( } This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claims is right to apply for leave to present a late claim (Section 911.3}. r ( } tither: 0 led doir L*C s i VM a k I I " G;W$ OF Q W41 I- em 1AAA Dated:_4) By: Deputy 'County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( } This Claim is rejected in full ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the snail 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. y , AFFIDAVIT OF NL4H.JNG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator Offlce of the County Counsel Contra Costa County 851 Pine Street, 9th Floor phone: (925) 335-9800 Martinez, CA 94553 Fax: (525) 646-9078 Date: March 5, 1999 To: Joan Staley From: Victor J. Westman, County Counsel By: Janet L. Holmes Re: Claim Processed for Imelda Ninfa ay ©arauay Joan: The attached letter from Shapiro, Buchman, et al. does not need to be processed as a claim. A claim has already been filed. Please see the attached documentation, including copy of claim received September 11, 1998. The claim was rejected by the Board of Supervisors on October 13, 1998. If you have any questions, please call me at 335-1823. H:UH0LMWEM0-STDWEM0-s7D.WPD . r.; yr w y --Shapiro Buchman Provine Paton LLP Robert W. Shapiro, P.C. Robert A. Buchman, P.C. ,lack C. Provine, P.C. Attorneys at Law John H. Patton Debra E. Keller David S. Wallace Ann Marie De Die J. Erick Dimalanta Robert R. Neller February 26, 1999 Eric A. Newsom OR Christine L. Chase { Stephen R. Brown PERSONAL DELIVERY , Donald S_ Honigman -y�~ Basil J. Boutris Board of Supervisors of � `"`� Peter H. Dekker, P.C. Contra Costa County Of Counsel 651 Pine Street Martinez, CA 94553 Contra Costa Health Services Dept . & Regional Medical Center Merrithew Memorial Hospital 2500 Alhambra Avenue Martinez, CA 94553 Re : 90 Day Notice Pursuant to CCP §364 To whom it may concern: You are hereby notified that Imelda Ninfa Arugay Darauay ("plaintiff" ) , individually and as representative of the Estate of Honorio G. Darauay, intends to file an action against the County of Contra Costs., Merrithew Memorial Hospital ("County") and Charles Parker Windham, M.D. for professional negligence . The legal basis of this action arises out of County' s admission and Dr. Windham' s treatment of plaintiff' s husband, Honorio G. Darauay ("decedent") at Merrithew Memorial Hospital. On or about March 17, 1998, the decedent was ' admitted to Merrithew' s "J" ward for observation and treatment' from Kaiser Hospital in Walnut Creek after an attempted suicide . That morning, decedent attempted to end his life by taking an overdose of acetaminophen and injecting a plant fertilizer product into his arm. Although County medical personnel had knowledge and/or notice of the specific details of decedent' s suicide attempt, they negligently and carelessly failed to attend, treat, stabilize and supervise decedent while he was under their care and control . As a result of the County' s failure to exercise the proper degree of knowledge and skill in examining, diagnosing, treating and caring for the decedent, the decedent died on or about March 18, 1998 as a result of the plant fertilizer injection. 1331 North California Boulevard, Suite 320, Walnut Creek, CA 94596 Telephone (925)988-4988 Facsimile (925)9884986 101035.1 e-mail address: info@sbilp.com ............ County of Contra Costa Page 2 February 26, 1999 Re : 90 Day Notice As a proximate result of the negligence of County and its medical personnel, plaintiff has suffered damage and extreme emotional distress in a sum according to proof. In a good faith attempt to resolve this matter before filing a complaint, plaintiff offers to meet with the County and their attorneys to mediate and/or settle this dispute. Please advise within ten (10) days of this notice as to whether the County is willing to engage in settlement discussions . If we do not hear from you, we intend to immediately file suit . Very truly yours, SHP 0 BU HMAN PROVINE & PATTON LLP J a OC C. 'P Ur/6' vine i ne CC : cry L. Allen, Esq. 101035.1 ....................... ..... .,. , CLAIM BC)A D C)F [5-4, BOARD CaF C©fi+lTRA CLC) TA COUNTY, C:Ai. C) N A BOARD ACTOM Oct 13, 1998 Claim Against the County, or District Governed by ) 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 California Government Codes. notice of the action taken on your claim by the �Lt'C Board of Supervisors. (Paragraph IV below), given ' pursuant to Government Code Section 913 and 19$ 915.4. Please note all "Warnings'. AMOUNT: $6597.86 000.1 NEZCAF� CLAIMANT: Northern California Soaring Association ATTORNEY: DATE RECEIVED: ADDRESS: attn: Richard I. Pearl BY DELIVERY TO CLERK ON: 1631 Rocky Bend Drive Sacramento CA 95833 BY MAIL POSTMARKED: L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCI_1EL0 Jerk Dated: Sept 15, 1998 By: Deputy IL FROM County Counsel TO: Clerk of the Board of Supervisors {r() This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: /`��" �/ By: � L-- Deputy County Counsel ICL 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 en ed in its minutes for this date. Dated: , /'l' ' _ PHIL BATCHELOR, Clerk, By ..,-; _ ,-Heputy Clerk WARNING (Gov. code s tion 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. AFFMAVIT OF MAILJNG 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 CIaimant, a ressed to the claimant as shown above. 01 Dated: By: PHIL BATCHELOR By y �y D uty Clerk CC: County Counsel County Administrator . .... p' tt? OCT. k cn `.yam{ 4L+ 00 �r yww y�V�. It IL O✓ p y I {3' } W cr, }r c'FOax'K 'baa v Via°$ se»} t�f in 0 r a c cr d Loc o co to RECEIVED Ron HarveY 4,10 .s 15 1998 CORK�Qf SL}PEftVlSC; 2 STA CQ Ir►,IC,THERN CALIFORNIA SOARING ASSOCIATION BYRONITAHCE-TUCKEE Mr. Ron Harvey September 8, 1998 Risk Manager Contra Costa County 2530 Arnold Drive Suite 104 Martinez, California 94553 Dear Ron, I appreciated the opportunity to discuss our claim for damages to one of our aircraft located at the Contra Costa County Airport at Byron. NCSA has been based at Byron for almost ten years, and we are certainly pleased with the new facilities. The incident in question occurred July 1" 1998. Sometime during the night the awing on the airport's new administration building (west side) carne loose,transversed the building and hit one of our gliders to the east of the building.The incident was formally reported by the airport manager to the County Administrator of Airports that day. Enclosed is a bid for repair services by Modesto Flight Center.We request expeditious acknowledgment of this claim so we may proceed with the repairs. NCSA is northern California's only not-for-profit glider training organization.The loss of this ship has severely hindered our flight training efforts.We also submit a claim for lost revenue. Last year, our logbooks indicated that the ship in question was used for 173 flights from July 1997 through October 1997 (18,58,62,35 sorties). NCSA charges $5 per flight for aircraft use,oro total for the period of$865 (pro forma lost revenue). The total claim, therefore, is $6,597.86. We have used Modesto Flight Center in the past and have found their work to be of high quality and fairly priced. Please advise what additional steps are required. As noted above,we would like to return to full operational flight status as soon as possible. Very truly yours, Richard 1. earl For the Board of Directors, NCSA 1631 Rocky Bend Drive Sacramento, CA 95833 (916) 927-7561 } 700 Tioga®rive Modesto, CA 95354 (209) 578-3513 41M>ESTO Ft.1GHT CENTE'R""' - — Flight Training, Rentals, Charters August 11, 1998 Northern California Soaring Association Fran Allender 159 Redondo Dr. Pittsburgh, Ca. 94565 Fran, Estimate to repair damaged RH wing Blanik N715EV is as follows: Replace RI-1 wing tip, replace outboard 3 wing leading edge skins, repair aileron false spar just INBD of tip. Wing Tip $ 402.20 1 st Skin INBD of Tip 107.10 2nd Skin INBD of Tip 307.10 3rd Skin INBD of Tip 270.60 Crating and Shipping 145.00 Sales Tax 90.96 TOTAL 1322.86 Labor 98 hrs @ 45.00/hr 4410.00 TOTAL REPAIR ESTIMATE IS 5732.86 Sincerely, Merle L. Furry Modesto Flight Center CLAIM BOAI2IJ" OF SUP'ER'VISORS OE CONTRA COCA COUNT'S CALIFORNIA heriff. I�epartment BOARD-AM Oct 13, 1998 Claim Against the County, or District Governed by ) 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 California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), liven X SM11311177110pursuant to Government Code Section 913 and .x 915.4. Please noteall "Warnings". AMOUNT: $200,000 CLAIMANT: Oscar M. Pearson MART.INEZ CALIF. ATTORNEY: DATE RECEIVED: ADDRESS: #98209026 BY DELIVERY TO CLERK. ON: Sept 17, 1998 901 Court Street Martinez CA 94553 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, erk Dated: Sept 18, 1998 By: Deputy H. FROM: County Counsel TO: Clerk of the Board of Super ` ors ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: -�- ' By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order ent'red in its minutes for this date. f Dated:�,� _ ,f .5''' PHIL BATCHELOR, Clerk, By '� eputy 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 Posy Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, dressed to the claimant as shown above. Dated: ,.1 �' `,�, By: PHIL BATCHELOR By Jr Deputy Clerk CC: County Counsel County Administrator . ........................................................................................................... . ............................................................................................... ...................................................................... toe BOARD CSF SVPZRVISORS OF CONTRA COSTA COUNTY A. C')aims relating to causes of action for death or for injury to person ter"to personal property or growing crops and which accrue an or before December '21, 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.) Claims must be filed with the Clark of the Hoard of Supervisors at its office in Room 106, County Administration Building, 851 Pine Street,' Kartinez, CA 94553. C. if claim is against a district governed by the Heard 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.) t�seerr••�����e�s#+�,��#�rs��•:��ra,ger,�s�#err�a:,�•fsi•��•eer:♦eetereree►f�*r�#t RE: Claim By ;t "" �<' Reserved for Clark's filing stamp faw4:: ) } RECEIVED Against the County of Centra Costa) 1 98 or Strictj PERVtSSORS(Fill in name) y The undersigned claimant hereby sakes claim against the County Of Contra Costa or the above-named District in the sum of $;, On- and in support of this claim represents as follows: I. When did the damage or injury occur? (Give exact date and hour) 2. Where dict the damage or injury occur? (include city and county f x r-e z 21 3. Now did the damage or injury occur? (Give full details; use extrai paper f req�uir d) l cjr /c:.sr f:... .2 ` 7 �f ` i✓ LGAa a 4 M 67 4. 'What particular act or Omission on the part of county Or district ,a fic+�rs, servantwc or. loyses cawed ain�jury or damage? , d' �i-r "�`gi J"7 '" :' �lc / r yr "_ E - d"'�`".„:,. :,..,tdv.:,�. �" :a£ ,d"�j' rf�.'' ." /� } _ m�err /. {• �,, / 7'F�... ,�L"3o✓ tf..,.. `w^W. .Cc. aE"C�r'!e"'a''.it. a«" ;y°" F: df,,,,, 'G"C:+'y :.�•.' ' ya'.f o:. s:N.Y" .. .. aM .. _ ... de�x.,o''. . � � �f f.✓,E-Ytg z:a.c � .sdG.4}, :.:. ��' f/•.�C.,.S.:�°' �Y'r" Y �...�G-•',`^`�1 3i,r�r.{r,k.,r`''< /� ��,`. '�' i. s �?ttt.c a r-.t t F.,/G x eX ?�"z.s ✓ i F yz.s Yt to .. 7F.c P" 4b+' f ° d s < dy^1e�a ��rd f .r'1 ' fiC /'F "r- ,. 1 .c.&"r w"" r':'.. `✓„�-:,.. .`/-. !, "' ,{`.. wC$'E^ '✓ r 'Y .. `.,:, t,�' s r ..i .a (Over3 .. _...._................................................................_ ..................................................... _. .._ ..................................... 5. What are the names of county or district officers, servants or the damage or in jury? .. �' c , employees causing g � s r£ r d r r Ile- 6. l6. what damage or r►juries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage ?. Hose was the amount cleimsd above computed? (Include the estimated amount of any prospective injury or damage. ) 8. Names and addresses of witnesses, doctors and hospital's. < 9. List tie expenditures you made on account of this accident or injury. 8��lt3ITNT Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his r � Name and Address of Attorney (Claimants Signature) (Address) ) Telephone No. } Telephone No. NOTICE Z12.0r," 41 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 moire 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. In f 4 ,a y v CLAM BOARD OF SUPERVISMALIEORI\IIA BDMQ ACTiftk Oct 13, 1998' Maim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICETO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Cogs. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Bode Section 913 and 915.4. Please note all "Warnings". AMOUNT: $2,000 SEL CLAIMANT: Racheal Thorton _i�AR TYNEZ CALM ATTORNEY: DATE RECEIVED: ADDRESS: 419 Mcartet Ave BY DELIVERY TO CLERK ON: Sept 15, 1998 Richmond. CA`01 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, 96 k 15, Dated: Sept 15, 1998 By: Deputy U. FROM: County Counsel TO: Clerk of the Board of Sup visors ( ) This claim complies substantially with Sections 910 and 910.2. { ) This claim. FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - / By: Deputy County Counsel � UL 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 en%4ed in its minutes for this date. Dated: .r' PHIL BATCHELOR, Clerk, By c eputy 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, ressed to the claimant as shown above. By: PHIL BATCHELOR B ` - .,pputy Clerk CC: County Counsel County Administrator VICTOR J.WESTMAN r�+yA �} /^+ �++«^� DEPUTIES: COUNTY COUNSEL CONTRA COSTA COUNTY PHILIP S.ALTHOFF OFFICE OF THE COUNTY:COUNSEL. SHARONL AND RSON ANDREA W.CASSIDY ARTHUR W.WALENTA, COUNTY ADMINISTRATION BUILDING VICKIE L.DAWES ASSISTANT COUNTY COUNSEL 651 PINE STREET,9th ELQCR MtCH E S. . TIS FAR MICHAEL D.PARR MARTINEZ, CALIFORNIA 94553=1229 L#LGANT.FUJII SILVANQ B.MARCHESI DENNIS C.GRAVES ASSISTANT COUNTY COUNSEL GREGORY C.HARVEY JANETt.HOtME5 KEVIN T.KERR GAYLE MUGGLI BERNARD L.KNAPP OFFICE MANAGER EDWARD V.LANE,JR. MARY ANN MASON September 22 1998 PAUL R. NOR PHONE{925}335-1800 � , PHILIP J..NORGAARD FAX(925)646-1078 VALERIE J.RANCHE DAVID F SCHMIDT DIANA J.SILVER BARBARA N.SUTLIFFE JACQUELINEYY,WOODS NOTICE -OF INSLIFFICIENCv AND/O NQN-ACCERTANCE OF CLAIM TO: Racheal Thorton 419 Mcartet Ave. Richmond, CA 94801 RE: CLAIM OF: Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by.the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ D. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s)causing the injury,damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars($10,000). If the claim totals less than ten thousand dollars($10,000),the claim fails to state the amount claimed as of the date of presentation,the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars($10,000),the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. Page 1 [ ] 6. The claim is not signed by the claimant or by some person on his behalf. [X ] 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 Deputy County Counsel CERTIF LATE OF SERVICE BY NAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: September 24 1998,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,926.4,910.8) Page 2 Son Harveyr lc Cla im to BOARD OF SUPERVISORS C- Cf3N U =A C{X3M 5 f_:P 14 1998 INSTRUC'rIC " TO CLADi r A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing craps and which accrue on or before December 33., 1987, mint be presented not later than the 300th day after the accrual of the cause of actio. Claims relating to causes of action for.death or for injury to person or tca perw;zl property or growing crops and which accrue on or after January 1, 1988, must be presented not later that six months after the accrual of the cause of action. Claims relating to any ottzer cause of action must be presented not later than one year after the aeerual: of the cause of actio._ (Govt. Code §911.2.) 33. Claims rest be filed with the Clerk of the Board of Hup+ervisorm at its office in 11r -"w 106, C,-xvat;* Ac€m : isf. t [ r Building,_ 651 Pine Street, Martinez, CA 94593. C. If claim is against a district governed by the Board of Supervisors, rat'her 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. Cade Sec. 72 at the end of this Q RE: Claim By } Reserved for Clerk's filing stamp } Against t#6 County of Contra Costa or District) ,_ za nye a The undersigned claimant hereby makes claim against the County of Contra. Crista or the above-rid District in the sum of $ and in support of this alaim a pr dsenit zi i;%4 1. When did the damage or injury occur? (Give exact date and. hour} 2. Where did 'the damage car{inky occur? (Include city and county) J741-e 3. How did the damage or injury occur? (Give full details, use extra paper if required) s , - !'` ;•x she ` v t.� ,/ _ � + �C pa i+a+ ar ao c owi s cct art of .ems y or isLrict of fie r, "� � servants 'or.employees caused:the:-*1 jury or,damage? (over) �. wnat are t" names of county or district officers, servants or employees causing the damage or injury? +wrr�.rrr.rww+wUMwww-.r -----------rr -+wwN-------++Y--------r 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimate; for auto damage. 7 ow was the amount claimed aboveted? (Include the estfmated'amc� �P« unt of an,,, Prospective injury or damage.) �3. Names and addresses of witnesses, dootcrs and hospitals. tq � £ 9. List the expenditures you mads on acootuit of the accident or injury.- DATE njury;DAT$ ITEM AMOUNT Gov. Code See. '91M provides: r: Ft ,The °claim must be signed by t'r � claimant el"Wil On Named A < C'eJ •: , _ ,,.... ..».�.. Claiman S uT'e a f Telephone No. Telephone No. s� Ir N © TICE Section 72 of the Penal Cade provides. SEP 11 "Every Wor vho, with intent to defraud, presents for allowance or for payment to any state board or" officer, or to any Pc*%=zty,, ,ity or district hoard or officer, authorized to allow or pay.the ,same if ,genuine, any false or a•`;;zrt .$n claim, bill, agdount, voueher, or' writiAq is-punishable either* by iMprisor;ment in the county jail,for a period of not more ttrt one•year, by, a fine of not exceeding V one thousand ($1,004), or by'both such+ i:L,�)r`isoriment and fine;:'cr''by imprisonment in the state prison, by a fine of not exceetiing ten thousand .dollars {iilt2,000, or by. bath Such imprison- ne. v}: .:.+: .. .... ... CLAIM BOARD OF SU ERYISORS OF CONTRA-COSTA C-0-UNIL-CALROGNIA BOARDA00 ""'€lct 1 , 1998 Claim Against the County, or District Governed by 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 California Government Codes. notice of the action taken on your claim by the a Board of Supervisors. (Paragraph IV below), given 11 w . pursuant to Government Code Section 913 and 19 915.4. Please noteall "Warnings". AMOUNT: exceeds $10,000 011 r�U �, A$ CLAIMANT: Donald White ATTORNEY: DATE RECEIVED: ADDRESS: P.V.S.P. C-1-203L BY DELIVERY TO CLERK ON: P.O. Box 8503 Coalinga CA 93210 BY MAIL POSTMARKED: Sept 9, 1998 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR - rk Dated: Sept 9, 1998 By: Deputy ��._e._r IL FROM: County Counsel TO: Clerk of the Board of Supervisors { ) This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { } Claim is not timely filed. The Clerk should return claim on ground that it was filed', late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Lt �4- t�'A � �"" Deputy County Counsel M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I'V'. BOARD ORDER: By unanimous vote of the Supervisors present: CXJ This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order ent d in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By f yeputy 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 Pos,Ial Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant,, dressed to the claimant as shown above. Dated: / ',/,5' '" By: PHIL BATCHELOR By / ' - uty Clerk CC: County Counsel County Administrator Claim to: SOMM of SVPER41BORB 0! CONTRA COSTA COUNTY XNAZRUCTXQxB 2. CIATHM 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 Dee amber 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, iartiner, 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. F. aNd. Sae penalty for fraudulent claims, Penal Code Sec. 72 at the and of this form. �::a#����r�r+t���+r,�#,�erss�r�as+r�rr+��r�#�e�rs,��:+���#yrs+��r,e���r+�s�etr��af�,�rt�a�r+►t��f�► RE: Claim By Reserved for Clerk's filing stamp a�A t a RECEIVED Against the County of Contra Costa) or x District) [CLERK BQRR(Fill in name) } T A( "�€IA�R�I�*�'Cfi� TA 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: 01 1. When did the damage or injury occur? Give exact data and hour) . Where did the aamage or in3ury av4urr (lneiude city and county) 3. Now did the damage or injury occur? (Give full details; use extra'`' paper if required) f ff'Ig a� to rn c�tis �v'j ( � "# ` 4. What particular act or o=ssion on the part of county or district officers, servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or /6 employees causing the damage or injury? � . . 6. what damage or injuries do you claim resulted? ('Give full extent of injuries or damages claimed. Attach two estimates;, for auto damage. ) 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. , s� & r 9. List the expenditures you made on account of this accident or injury. MMT ���*,ate,���,�rss�#��t��r,��e,��trr�r�ree�e,��t�r,este+��ttee:e�r�eet��►�rstare�ree�r+t�erte�s Gov. Code Sec. 910.2 provider *The claim must be signed by the claimant or by some person on his • M Name and Address of attorney ) kj- I e ) ' (Cls mant's Signature) . a CP C3 (address) T+elephon+eNo.�,���� ���1� ��, j Telephone �rs,es�esasss r��e:s:r,e�sr��es�s�ess,e+e�ssssss+�,esus,e�fssr�rssr�r�ess�►#ssss+rsss XATtCE 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, authorised 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 sxcoodinq 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 ($10,000, or by both such imprisonment and fins. L:9I y file- .�`-✓ �C'v � tom. 'f//r !Li i� �t`"� _ bac: +i A3 Cop,es ��' �"�� C-11q�tAll ;-,Vlc,st fC,tr L.yg' �2 a ;egg` L � fC: � x moot _ claw I r-{^,,w,. 4A. I . ISV'!'S{v� �Jj)dt.$RFt S-4 `w. �:� 1.. Y✓� Vt 4.-.r lba : here by eo 3 ljzF 3rfF 6 r .fi vNfj f:.- r" rr(: � r�k x �' < .5+1t .. ' j-FY #A.. � � 2.,�•`k.3r'���� �,.: c...s��v �s� �fYF�^rzf#,.�"�';� ��r �. N• ��.,/'�#a r S ,,rr •:r �!^sG ..t..�.- ".�.F:J'r S'`. E:X t.fi < ... r+e� CIA*; � jj`, 4 SAW% VIA ttS '.f' ;;a��%�� b'�: .,� {�� s.`�.;x �, aw'•x'��lfis.:z 3°:�,� r3 f �1�3$ � � h f v ..v" . x J I •" CV.:l.t A,_,ni'v:. + pt part &WIPSY, ...:..,..' ,wa`.#-1..3 .r,. : :. ..#.,.,�y' cz<h.... ' r" -:. of•'. s:o!'�`<s,,;; "'".. �"""" ,'�..��' a;"W'' om r � � t y� $ cis '�'E'4y> v'a: 't `:"'k� 3`#%t t<,.:.; �f�. �:• �,�',f'£�, 3. f �?#' ?. 9v'�•'�tyky.$,.; � ,b:�s+z'�'.'�.. . ' jy,�` 'Is' f AC f"".1'•'X; Aj t�^.� td....... t.�.,..:s�.'�' .../�•'s`"�. 4� .t.l'.y'£•.8 2rY. >. ST"+�"i't'�w'•' S f i u�.. SE.,¢{ 'y "'j,$� ,�,.'! vS.r'� ¢5,:... 'T ;y $ i y 3k r r x '.. ¢r..�,s`s'"y{,k..�f ,d:.. s"'d. L�:..f`rb' 3_i".�..�.i k'*`'•:......V2 3"#� t=#3.7, '>''w�.�f}....... .. .:.:.. �.;•: '`• 3', t ;.p'r< v AT It m a R• <JM nA u4. 5: Aj C'.n'9 F ; 'rV'4 i tits+ �.. 1>01 t f <. ::•<? k& �'s PXi tf �;.. S vz f ^.+? :4, ps,# i y d �.S� �r i N# f{w �s c w E��� t 5255 votes I;a to �c.L.V "3.. +�•tx `tNt'f^•,�y..'�^.....;t. t �':..:�? `.o'+. y 5`6•.:.\ix WAS S 4.' .... �.�'.,r'�f`w,.f'''Sy ��`F3'4"�'. ;F"t�. ,G`,�'('';�.z ASr'.'.Rp9. t S'xz ,....%'�"` �•.,•.°':k,t"�. . f•`� fs: <#:l � j ky�'y� £ .�+'�..�;�i... ✓b�V a } a a t S f yry� i ,. �3j vi d 3 .72 c. 41 � ,� CLAIM BOARD OF SUPUYISURS OF CONM COM COT OWD AM Oct 13, 1998 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this docurnent mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph lil below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $500,000 CLAIMANT: Keith C. Young N�EL iMtflEGGUA IF ATTORNEY: Murray B. Petersen DATE RECEIVED: Finacial Center Building ADDRESS: 405 14th Street Ste 811 BY DELIVERY TO CLERK ON: BY MAIL POSTMARKED: Sept 14, 1998 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Cler'. Dated: Sept 18, 1998 By: Deputy H. FROM: County Counsel TO: Clerk of the Board of Supervi ( yr} This claim complies substantially with Sections 910 and 910.2. { } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { } Other: Dated: " .-/ ' By: L-179pn`2224 Z 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). TV. 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 en red in its minutes for this date. Dated: ZJ PHIL BATCHELOR, Clerk, By leputy Clerk WARNING (Gov. code se ion 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 N 4 LLINiG 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, dressed to the claimant as shown above. Dated: B PHIL BATCHELOR B 1 r° Y: > uty Clerk CC: County Counsel County Administrator MURRAY B. PETERSEN Attorney at Law Financial center Building 405-14th St, Suite 812 Oakland, CA 94612 DATE: 14 Sept. 1998 TRANSMITTAL MEMO TO: Clerk hoard of Supervisors County Administration Bldg, Room 106 650 Pine St. Martinez, CA 94553 ENCLOSURES: Original and one copy of Complaint by Keith C.Young against the. County of Contra Costar w/proof of Service Envelope for return of copy REQUESTED ACTION: Please file original, and return endorsed, filed-marked copy to this office in envelope ,provided. Thank you. Your cooperation will be appreciated. Very truly yours MURRAY B. ETERSEN Ape MBP: Encl. eve RECEIVED AUO 2 6 8998 Claim to: BOARD OF SUPERVISORS S.�CICI'IU��TO �� A COUNTYORIGINAL 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 lflpth 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 Mich a=—je on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after; the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its .office in Room 106, County Administration Building, 681 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the Cour.y, the name of ..he 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. YY Y RE: Claim By ) Reserved for Clerk's filing stamp KEITH C. YOUNG ,t Against the U3NFy of Contra Costa ) 9`'l orOr District) F 11 in name } _ The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 5 0 0 ,0 0 0 and in support of this claim represents-as follows 1. When did the damage or injury occur? (Give enact date and hour) Date: 3-26-98 Time: Approximately 9: 80 pm 2. Where did the damage or injury occur? (Include city and county) At or about 3701 Holmes Rd, Oakley, CA 94561 , the address from which which- the "911" request for olive assistance wa iM b , nG thL:..._....� tic w sdi og 'flr yin ury �n`{Give full details; use extra paper if required) Unnecessary reoughness and brutal treatment of the complainant herein occurred during a citizen' s arrest of complainant (who was the innocent party and the "911." caller (SEE ATTACHMENT) 4. What particular act or omission on the part of county or district officers, servants or.employees used.the.injury or.damage? SEE ATTACHMENT __ (aver) names of county or district officers, servants or employees causing JAW0120or in jury? SEE ATTACHMENT 6. What damage or injuries do you claim resulted? (Givefullextent of injuries or damages claimed. Attach two estimates for auto damage. SEE ATTACHMENT 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) SEE ATTACHMENT 8. Names and addresses of witnesses, doctors and hospitals. SEE ATTACHMENT 9. List=the=expenditures you made on account of this accident or injury: DATE ITEM SEE ATTACHMENT �F iE iF Ik .�E iE 1E iE IE iE C* Gov. Code Sec. $i0:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorne ) or some person on his..behalf." Name and Address of Attorney MURRAY B. PETERSEN C aimant ignat Attorney at Law 405 - 14th St, Suite 811 3701 Holmes Rd. Oakland, CA 94612 kAddress Oakley, CA 94561 510 : 835 8676 Telephone No. 925: 625-0457 1 -9 Telephone No. W W NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board Or Officer, or to any county, city or district board or or pay the same if .genuine, any false or fraudulent officer, authorized to allow claim, bill, account, voucher, or writing, is•pwnistable either by imprisonment in the county fail for a period of not more than one year, by a fine of not exceeding one thousand ($l,{�00), dr by -both such`'imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand .dollars ($10,1700, or by. both such imprisonment and fine. 3. (continued) for police assistance because a,neighbor shot his dog. ) Improper roughness included fastening of handcuffs sO' tightly that circulation to complainant' s left wrist and hand was cut off to such an extent that complainant suffered a complete total and .. permanent loss of sensory perception in the area of his left hand which is served by the left radial nerve. This was followed by the lifting of the complainant from the back by his manacled hands and throwing him into the patrol car. 4. This was done by Deputy Carlson; Deputy Beason and others in total disregard of the complainant's cries of pain and pleas for more considerate treatment. All of the foregoing occurred because the responding officers failed to determine which of the complaining parties was the innocent party and which was the wrongdoer and instigator. 5. Deputy Sheriff Carson Deputy Sheriff Beason Full names will be provided when ascertained. Severed left radial nerve plus edema resulting from negligent and unnecessary restraint of complainant and brutal-treatment incident thereto. Estimated loss of future employment and costs of future medical care. See Exhibit 1 , attached hereto. 7 . How was amount computed? Estimated loss of employment which requires complainant to have the use of bath hands and arms and normal sensory perception. 8 . Names and addresses of witnesses, doctors and hospitals. Linda Young : witness Jang, M.D. (Kaiser Permanente) Antioch O' Dell, M.D. (Kaiser Permanente) .Walnut Creek Full names will be provided when ascertained See Exhibit 1, attached hereto. 9. 4-15-98 $5 .00 (co-gay fee) 6-19-98 $5. 00 (co-pay fee) ATTACHMENT TO CLAIM OF KEITH C. YOUNG Gsc� KAISER WALNUT CREEK NEUROLOGY DEPAR`INENT ID:2764169 NAME:'Young, Keith MR#: 2764169 19 JUN 98 Name: Young, Keith Referring Physician: Jang---ANT Examining Physician: O'Dell Age: 50 Patient History and Clinical Diagnosis: - RRjO left CTS Motor Nerve Conductions: Nerve and Site Lat AnCSV Nerve Segment ms m m/s Median Nerve.L N<4.4 N>6.0 N>49 Wrist 3.2 8.035 Elbow 7.2 7.813 55.0 Wrist-Elbow Ulnar Nerve.L N<3.5 N>6.0 N>49 Wrist 2.4 8.778 Above Elbow 6.5 8.986 68.2 Wrist-Above El Sensory Nerve Conductions: Nerve and Site Lat An Ulnar Nerve.L N<2.2 N>11V Wrist 1.7 22.08 Wrist 1.8 14.73 Wrist 1.8 22.72 Median Nerve.L N<2.3 N>40 Wrist 1.9 45.52 Wrist 1.9 47.71 Radial Nerve.L N<2.9 N>25 Wrist No response 5': 1 NjQ Radial Nerve.R N<2.9 N>25 Wrist 2.1 14.90 Wrist 2.1 14.86 Radial Nerve.L N<2.9 N>25 Wrist No response Interpretation: 1. EMG not performed. 2. Abnormal nerve conduction study left upper extremity because of absent left radial sensory response, consistent with left radial sensory neuropathy. There is no evidence of carpal tunnel syndrome on the left. (a_k a./0 'i i PROOF OF SERVICE BY MAIL. - CCP 1013x, 2015.5 1 l dec'sore that: ALAMEDA 2 1 am la resident of/employed int the county of.................................... ........................................:..................... ..............._..., �CauNTr W++fFf MAILtNC CJCGiJRRfo) j 3 1 am over the ago of eighteen years and not a party to the within cause, my (business/residence) address it. 4 405-14th St, Suite 811 , Oakland, CA 94612 ............................................................................................................................---........................ _........................ .... �.__. i 5 Can ......r eptembt 14x. ..1.9.98.................. 1 served the within ......gLAIM BY KEITH C'....YOUNG mA .... .................. .............. .. 6 AGAINST THE COUNTY OF CONTRA COSTA ........................................................................................ on the ..............-...................................................................,...._..... ..__. 7 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid. - .e 1 8 United States mail atN1 .... ............... ....OAKLA....... D..................................................._..........................,...................._................ addressed as 9 Clerk • Board of Supervisors 10 County Administration Bldg, Room. 106 651 Pine St. 11 Martinez , CA 94553 12 13 14 15 16 17 18 .19 20 21 22 p 23 1 declare under penalty of parjur oA a foregat g s3 rue an coni oni and t at t slei+et�rn�rart was WX �n 24 _......14 Sept.1998 ot ......_.................Oa.kla.nd .................... 25 26 Patricia Harre h'C"'ToathttEl'S! P'Rl1V"CtAtA ttLJlaR1.Y !c` I tJCt, tt-S 0Wv A4#4U^ M 1*73 bra z50 00 N tai Ln 0 O F-r Z N (p ¢ cn . � ( rt Ln to 0) CA - c it C r- W 0.cn �' v : r t-+ GL C7 1� L7 F-+ d Ch