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MINUTES - 12071999 - C18-C20
CLAIM! BQ M QE 512ERVISORS OF MMA MSTA C} N'1A BOARD A=_.LEChT,,BER 71 1999, Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorse mats, } NOTICE TO CLAIMANT Wd Board Action. AR Section references are to The copy of this t ocurrlent fmiled to you is your California Govermnent Codes. 4 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below}, given rs nt to Govern�r nt Cade Section 913 and 915.4. Please rllote 01 "Warnings". AMOUNT: Jurisdiction of the Superior(V ` CLAIMANT: Sunnie Archie ATTORNEY: c/o Thomas N. Steuart, III DATE RECENED: November 8, 1999 Bold, Polisner, Maddow, Nelson & Judson November 8, 1999 ADDRESS: 500 Ygnacio Valley Rd. , Ste325 BY DEIrIVrERY TO CLERK ON: Walnut Creek CA 94596 MNovember 5 1999 BY AIL POSTMARK�7: L FROTtE Clerk of the Board of Supervisors Wk. County Counsel Attached is a copy of the above-noted claim. November 9, 1999 PHIL BA HEL�7R, Clerk Dated: Ay: Deputy, , IL FRO?4- County Counsel M. Clerk of the Beard of Sup+ervis rs ( ) This claim complies substantially with Sections 910 and 910.2. ( is 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: By: + Dated:— Deputy County Counsel III. FR Clerk of the Board T(1 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 entered in its minutes for this date. Dated: AL 2PI•IIL$ATC1•IEIAR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (5) 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. A FIDAWT OF MAILANG 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 full% prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: hLe, By: PHIL BATCHELOR By1 , 2 �� tkputy Clerk t CC: l",owity Counsel County AdrWnistmtor VICTOR J.WESTMAN aePurles: PHILLIPSCOUNTY COUNSEL JANICE L.ALTHOFF AMCE L.AMENTA NORA G.BARLOW B.REBECCA BYRNES ANDREA W.CASSIDY SILVANO B.MARCHES4 'V�TRA COSTAXkQUNTYMONIKA L.COOPER CH IEF ASSISTANT COUNTY COUNSEL {r�t it VICKIEL.DAWESS 0FF1 OF THE./�"`�0'U� ✓ lJNSEL MARKE S.ESTIS v MICHAEL D.FARR SHARON L.ANDERSONLILLIANT.FUJII �#,?D;�i�`�Ii�14tiNiST3�ftC3T?t'�t3tt�3 �.. ASSISTANT COUNTY COUNSEL + BT `" DENNISC.GRAVES S" JANET L.HOLMES GREGORY C.HARVEY MARTIfEZ C1� IFC1 9453:1229 KEVINTKERR BERNARD L.KNAPP EDWARD V.LANE,JR. ASSISTANT COUNTY COUNSEL BEATRICE LIU MARY ANN MASON GAYLE MUGGLI PAUL R.MUNIZ VALERIE J.RANCHE OFFICE MANAGER STEVEN P.RETTIG DAVID F.SCHMIDT DIANA J.SILVER PHONE(925)335-1800 BARBARA N.SUTUFFE FAX(925)646-1078 C [� `t�j JACQUELINE Y.WOODS NOTI NON-ACCEPIANCEOff' CLAIM TO: Thomas N. Stewart Bold,Polisner, Maddow,Nelson&Judson 500 Ygnacio Valley Rd., Ste 325 Walnut Creek, CA 94596 RE: Sunnie Archie Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2,or is otherwise insufficient for the reasons checked below: [ ] I- The claim fails to state the name and post office address of the claimant. [ 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. [ 14. The claim fails to state the names) of the public employee(s)causing the injury, damage, or loss, if known. [ 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. Page 1 [ 6. The claim is not signed by the claimant or by some person on his or her behalf. [X] 7. Other: The claire fails to describe any duty or obligation of the public entity and any action giving rise to the claim. VICTOR.J. '1WESTMAN COUNTY COUNSEL Moni4L. ooper Deputy County Counsel CERTIFTCA TI OE SET V CE BY MIL, (C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§541,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 10, 1999,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,914.8) Page 2 n -rEIVED } Claim of Sunnie Archie CLAM FOR PERSONALINft A BOARD O SUPERVISORS INJUNCTION AND ATTORNE Nrrl�a COSTA CO. V. Contra Costa County To the Clerk of the Board of Supervisors of Contra Costa County: You are hereby notified that Sunnie Archie,who may be reached through her attorney at the address stated below, claims damages from Contra Costa County in an unknown amount which exceeds the limited jurisdiction of the Superior Court. This claim is based on personal injuries sustained by claimantduring the summer of 1999 and continuing at 1111. Ferry Street, #956, Martinez. During this time, claimant, who is disabled and lives in subsidized housing, suffered inconvenience and humiliation when the County Housing Authority refused to alter her window so.that an air conditioning unit could be installed in it. The installation of an acceptable window would be a reasonableaccommodation by the County. Claimant's damages consist of emotional distress in an unspecified amount which would exceed the limited jurisdiction of the Superior Court. Claimant also seeks an injunction requiring the County to change the window and attorneys' fees. All notices or other communications regarding this claim are to be sent to claimant's attorney as follows: Thomas N. Stewart, III Bold, Polisner, Maddow,Nelson&Judson 500 Ygnacio Valley Road, Suite 325 Walnut Creel, CA 94596 Telephone: (925) 933-7777 Fax: (925)933-7804 Date: / f ! � 1 ` �24, Thomas N. Stewart, III, attorney for Sunnie Archie 1 PROOF OF SERVICE 2 I am a citizen of the United States, over the age of 18 years, 3 :employed in the County of Contra Costa, and not a party to the s; i ;;within action; my business address is 500 Ygnacio Valley Road, 5 F,Suite 325, Walnut Creek, California. 6 x On November 5, 1999, I served the within CLAIM FOR PERSONAL fi S 7 ! l ;INJURIES, INJUNCTION AND ATTORNEYS' FEES (Sunnie Archie) on the 8 1parties in said action, by placing a true copy thereof enclosed in f ,ja sealed envelope, with postage thereon fully prepaid, in the f E 10United States mail at Walnut Creek, California addressed as 11 follows: 12 Clerk, Beard of Supervisors 13 Contra Costa County € Administration Building 651 Pine Street - Room 106 14 11Martinez, Ca. 94553 15 I declare, under penalty of perjury, under the laws of the 16 'State of California that the foregoing is true and correct. 17 } Executed on November 5, 1999, at Walnut Creek, California. 18 19 20 James H. Jobb 21 22 ! 23 { f t 24 25 BOLD,POLISNER,MADDOW, NELSON&JUDSON I ATTORNEYS AT LAW kk SUITE 325 500 YGNACIO VALLEY ROAD 3 WALNUT GREEK, CA 94598 !E PHONE: 925-933.7777 FAX:925 -933-7804 C { t5� C3 Ln p 2 Z CSk v o m f u � m G f7 N � ti �tA y x CLAM .BOARD A=—_DECEMBER 7 1999 balm Again- the County, or District Governed by } the Board ok &pervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. Ali Section references are to N copy of this document mailed to you is your California Guverrmem Codes. notice of the action taken on your daim by the _ >h Board of Supervisors. {Paragraph 1V belovO, given 0 4 1999 pursuant to Gover Trent Code Section 913 and 915.4. Please note all "Warrings". EZ CAUF Exceeds Jurisdiction of Superior Court CLAIMANT Sunnie Archie ATTORNEY: Thomas N. Stewart, III DATE RECETVED: November 3, 1999 Bold., Polisner, Maddow, Nelson & Judson November 3, 1999 ADDRESS: 500 Ygnacio Valley Rd. , Ste.32 Y DELTVERY TO CLERK, ON' Walnut Creep CA 94596 November 2, 1999 BY MAIL POSTMARKED: L FROM: Clerk of the ward of Supervisors 'IAC): County Counsel «trached is a copy of the above-noted claim. November 3 1999 PHIL BA HMOR, Cie-4, Dated: By: Deputy IL FROn- County Counsel it): 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). ( Claire -s 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 tate claim (Section 911.3). ( ) Other: Dated: f �' ` By: �' Deputy County Counsel IQ. FROM: Clerk of the Board TCh County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I+V�OARb 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 WARNtNC (Gov. code section 913) Subject to ce min exceptions, you have only six (6) months from the state 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. *ForAdditional ng See Reverse Side of This Notice. DYM—AVIT OF MAWNG I declare under penalty of perjury that I am now, and at all times heron mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated' r By: PHIL BATCHELOR ByDeputy Clerk CA>urdy Counsel County Adnm nistratnr VICTOR J.WESTMAN DEPUTIES: PHILLIPS.ALTHOFF COUNTY COUNSEL JANICEL.AMENTA NORA G.BARLOW B.REBECCA BYRNES SILVAN(?B.MARCHESI ANDREA W.CASSIDY CENTRA COSTA PNTY MONIKAL.COOPER CH IEF ASSISTANT COUNTY COUNSEL /� VICKIE L DAWES OFFICE OF HE NTV--- OUNSEL MARKES.ESTIS SHARON L.ANDERSON V �j� MtcHA TFUJ!IRR ' �iE'�k,�f3'��{JNEfNISTFIAT$3A(L�iti�,ky�p, s� LILLtANT.FUJ!f ASSISTANT COUNTY COUNSEL St STR T, t.�00 I DENNIS C.GRAVES JANET L.HOLMES MAKEVINT.KERR GREGORY C.HARVEY BERNARDL.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR. BEATRICE LILI MARY ANN MASON GAYLE MUGGLI PAUL R.MIFF VALERIE J.RANCHE OFFICE MANAGER STEVEN P RETTEG DAVID F.SCHMIDT DIANA J.SILVER PHONE(925)335-1800 BARBARA N.SUTUFFE FAX(925)646-1078 JACOUELINEYWOODS NOTICE OF IN UFFICIENCY ANDIOR NON-ACCEPTANCE OF CLAIM TO: Thomas N. Stewart, III Bold, Polisner, Maddow,Nelson&Judson 500 Ygnacio Valley Rd., Ste 325 Walnut Creek, CA 94596 RE: CLAIM OF: Sunnie Archie 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: [ 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. [ ] 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 Page 1 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 or her 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 RTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Nonacceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 5, 1999,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 Claim of Sunnie Archie CLAIM FOR PERSONAL INJURIES, INJUNCTION AND ATTORNEYS' FEES Contra Costa County NOV 3 1999 -- - t a� To the Clerk of the Board of Supervisors of Contra Costa Co ERK B 11 flA AD QF SIJPERVlSCIfi5 R o S TAU 0. You are hereby notified that Sunnie Archie, who may be reached through her attorney at the address stated below, claims damages from Contra Costa County in an unknown amount which exceeds the limited jurisdiction of the Superior Court. This claim is based on personal injuries sustained by claimant during the summer of 1999 and continuing at i l I Ferry Street, #956, Martinez, California. During this time, Claimant, who is disabled, and lives in subsidised housing, suffered pain, inconvenience and humiliation when the County Housing Authority refused to alter her window so that an air conditioning unit could be installed in it. The installation of an acceptable window would be a'reasonable accomodation by the County. Claimant's damages consist of emotional distress in an unspecified amount which would exceed the limited jurisdiction of the Superior Court. Claimant also seeks an injunction requiring the County to change the window and attorneys' fees. All notices or other communications regarding this claim are to be sent to claimant's attorney as follows: Thomas N. Stewart, III Bold, Polisner,Maddow,Nelson&Judson 500 Ygnacio Valley Road, Suite 325 Walnut Creek., CA 94596 Telephone: (925) 933-7777 Fax: (925)933-7804 Date: t; Thomas N. Stewart,111, attorney for Sunnie Archie is i is 1 PROOF OF SERVICE f I am a citizen of the United States, over the age of 18 years, 3 ,$employed in the County of Contra Costa, and not a party to the 4 `within action; my business address is 500 Ygnacio Valley Road, 5 (Suite 325, Walnut Creek, California. 6"` On November 2, 1999, I served the within CLAIM FOR PERSONAL 7 „INJURIES, INJUNCTION AND ATTORNEYS' FEES (Sunnie Archie) on the 8y;;parties in said action, by placing a true copy thereof enclosed in 9 fIa sealed envelope, with postage thereon fully prepaid, in the 10 `iUnited States mail at Walnut Creek, California addressed as 11 follows: 3 12 Clerk, Board of Supervisors Contra Costa County 13 Administration Building 14 551 Pine Street - Room 105 Martinez, Ca. 94553 15the declare, under penalty of perjury, under the laws of the 16 ;;State of California that the foregoing is true and correct. 17 Executed on November 2, 1999, at Walnut Creek, California. 1819 1 # `3 L 20 James H. Jobb 21 1 22 -€ s 23 st i 24 s 25 if j SOLD,POLISNER,MADDOW, NELSON&JUDSON ATTORNEYS AT LAW SUITE 325 500 YGNACIO VALLEY ROAD WALNUT CREEK. CA 94596 PHONE:925• 933-7777 FAX:925- 933-7004 7 . . . . . . ... .. . . ) . � ! \ } ! t 2�e q § ƒ >1� kn q4 � � w0 � » 7 0Ugg 2 / / / 3 _ @ d to R / /� / _ } k Q 0 P4 » % t -r4 a t M 0 q / ƒ Ln 2 c , ; w 2 § r Oo k / § j z \ k ` ¥ o § ) 4 \ % & 2 > \ \ \ \ < z / ::E / / $ \ J ° . © ° \ Z z } \ } � 0 � } & } \ { . c \ } CLAIM lgQAgp QF 5I31'ERyMtR C OF CONTRA MBIA t"Y)i1IiT`'Y.-..f~AUFOR1�TTA_ BOARD l== I ECHMER 7, ''1999' CIFim Against the County, or District Governed by l the Board of Supervisors, Routing Enciorserrtems, l NOTICE TO CLAIMANT The and Burd Acton. All Section references are to } copy of this dnctment mailed to you is your Ciaiifornia Govern rit Codes. ► notice of the action taken an your ctalm by the Board of Supervisors. (Paragraph IV belovO, given pursuant to Government Code Section 913 and aa a P 819.4. Plaw mote all *Warnings". AMOLINT: $552.37 �S 5, v l3 : f E o> b z� wW CLAIMANT: Michael Baar co N'>��`��'N� ``L �,,m5 .i T fNzz�,s9'W ATTORNEY: DATE RECEIVED: November 2, 1999 ADDRESS: 804 Coventry Road BY DELIVERY TO CLERK ON: November 2, 1999 Kensington CA 94707 BY MAIL POSTMARKED: _Nmr,-mhPr. 1 L FROM Clerk of the Board of Supervisors TQ. County Counsel Attached is a copy of the above-noted claim. PHIL BA & Clerk Dated: November 2 X999 By: Deputy IL FROM County Counsel M. Clerk of the Board of Supervi ors ( is 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: - - - - r� Dated: By: Deputy County Counsel 22 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-AC& - 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 to immediately. "For Additional Warning See Reverse Side of This Notice. - AFMAVIT OF bJAIC 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 Adininistrutor 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 personal property or growing crops and which accrue on or before December 31, 2987, must be presented not later than the 100* 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, mast 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§912.2.) 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. RL: Claim by ) Reserved for Clerk's Filing Stamp RECEIVED Against the County of Contra Costa or l�or SUPERVI ORS District) pd7q Co. (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sure of S UN and in support of this claim represents as follows: 2. 'When did the damage or injury occur" (Give exact D%te and Hour) -- R_ `ca.JN7'y ; lwcgKF�-4--------------------I--- ----------- • _- -Y--` - --=------------------------ 2. Where did the damage or injury occur' (include city and County) __. v+11"R,�L.ttr i 4Y .linos r CCY11E�!TRy- =}_ _j fN tN r/ -_C 3. How did the damage or injury occur' (Give ittu details:use extra paper if required) IN 4++14" 171 0 E71Aa -,?Y (4<n"101141- `r'n CA-)W7?' u cW-S) 7 " .S7"R47— civ i,51W Soq --AVVrr 1 ", kfY�Si�'c j w0}.$ "P�4A/�y.D, "P ,VJNC- w65 s'-t-"We'o --------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage" F,9%4-T?' vote., ON l,-vWER41/G1Co14,1.11M-7-1 46. `rWO' S&wM W0F 9" edi C.evfrtjrpRy tip• fi f1+tt'tNG• v 4ety✓ #t M9tn/. (Over) S. What are the names of county or district officers,servants,or employees causing the damage or injury? UN kNowl4 C Pt' `MAS" I kwvE Q fFij 1t4pokm4 j 8 7-he <o0,v� 7 yp I 7MJ--_ _�nrJ ---$v4Ce�t+ '^ r¢cl�L -.P!------------------------------------------- 6. P?!---____._-__--..---------------------------- d, What damages or injuries do you claim resulted." (Give fust extent of injuries or damages claimed. Attach two estimates for ,auto damage.) S i-4 Kt:N .5 i'WIM &Olt 1Z*VrN7 t y Rp. lac !'rt"J r�t .t'1v� Ndw ___ __ _________________________________________________ 7 How was the above claimed amount computed? (include the estimated amourst of any prospective injury or damage.) t,ed i � -_•---------------------------•-----_•_---•--•---_---------_------------------------- 8. Maines and addresses of witnesses,doctors,and hospitals. y c �rt�`N77•�y Rt3. , �j� ✓ C9. ' 'o R,e3e►—Xqi. (rk Ito a6,At7` 4-1WP.1 .fQ.� J �'r#9'$ v✓ s 1 .`7za�t tv" s N .._______.. _.L"Wps.t.,a._C4-__fW,7e8 '_' ____________________________ 9. List the expenditures you made on account of this accident or injury. DATE ITEM f a * * as''a * aaaa * aa * a # a * * , * * a +e'*<a * a * a aaa * * aa * a Gov.Code Sec.910.2 provides: "The claim must be sued by the claimant SEND NOTICES TO. (Attorney) or by some person-On,his behalf." Name and Address of Attorney; (Claimant's Signature) <ovEN7`o-7 (Address} Telephone No. Telephone No. ^/ a a a a a a a a + * a a a a a a a .t * a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a NOTICE Section 72 of the Penal Code provides. "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account,voucher,or writing„is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars (S1,t}Qf} ),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars (S10,000), or by both sorb imprisonment and fine. Claim of Michael Baar 3. In late `94 and early `95 (according to County records)the street outside 804 Coventry Rd., Kensington, was repaved. Repaving was stopped when it was determined that the main sewer line needed to be lowered(hereinafter referred to as the main.). As a result of this lowering the individual sewer lines leading to the main also needed to be lowered. On 8/27/991 had a service call from Roto-Rooter in order to clear out a blockage in the sewer line at 804 Coventry Rd.,Kensington(hereinafter referred to as my line). Rota-Rooter cleared the blockage and ran the snake down to the main. The snake got stuck. It could not be removed. (Note: Roto-Rooter dug a hole approximately half way between my home and the main, punched into my line, cut their snake at that paint and tried to remove it. They could not. The hole in my yard,the hole in my line and the snake from that point to the break in my line are still there.) Roto-Rooter then examined the sewer line with a camera and found a break in my sewer line, approximately 3 feet from the main. This is well into the street and was part of the area worked on in `94-'95. The camera also found that the snake had followed the break in my line and become imbedded in the rock. Please see the diagram below for further clarification. Current status is that 1)my sewer line drains adequately, 2)there is a break in my line approximately 3 feet from the main, 3)Roto-R.00ter's snake is still imbedded in my line as per the diagram, and 4)there is still a hole in my line(and yard) at the half way point of my line. TIP.M?4MA y H6tX DRE-9K fro 06Y IZ4ITb" �.w� t N #°�'! 5 C)4 toy LINA V% p e* 0 INVOICE NO. .w ROTO-ROOTER 14985 Washington Avenue i i �I�w fait wl rr San Leandro, CA 94578 sOURGI✓ _�____ s€ a r e (510) 483-2324 NOW YOUR PLUMBER TOO! �� SERVICE CUST_0MEA CLASS RESIDENTIAL 0 COMMERCIAL SAVE THIS INVOICE AND YOUR GUARANTEE CUSTOMER NAME CUSTOMER PHONE TENANT PHONE t.I INC3 C?CSR S FEDERAL I.D.NUMBER PURCHASE ORDER# € STATE ZIP CHARGE AUTHORIZATION# ,1 : t7 IF.C710E RIWNI THAN 81LLkQ ACt#3FiE $ ADDfiIEIsS : ., ... . . STATE Z!P• AFAR ENT NO. TENANT NAME, DESCRIPTION OF WORK ist hour-minlmuirt ` tG 'Agg444-, 42 _ 3 t TIME 1N ` TIME OUT . TERMS OF PAYMENT TYPE OF SERVICE INVOICE AMOUNTS . M'�CASH 0 CREDIT CARD(� SEWER&DRAIN{ , INDUSTRIAL 0 PARTS $ CI-IIrCt<, �fL NET'3£t Cl PLUMBING 66AIIANTEE. FOR OFFICE USE ONLY LABOR I vi Xi POSTED OTHER 0 Vii iii viii 81LLED OTHER, ivi% TAX EXEMPT .. ;, - TAX , : .... . V PAID TOTAL ` ;.: JOB COMPLETION This is its 6eknowledge completion of thq above'described work which has don complete Satisfaction # DATE CUSTOMER SIGNATURE ERVICEMAN'S NAME 1 m 2 585 f INVOICE INVENTORY# PRINT CUSTOMER'S NAME , G? r 8 oz I t 03 us ru r. h j o t]Z 4• $ ru 3 R ECE }�� Y Michael Baar #> 804 Coventry Road Kensington, Ca. 94707 cm (510)526-1517 November 1, 1999 Ms. Sharon Hymes-Offord Office of the County Administrator 2530 Arnold Drive, Suite 140 Martinez, Ca. 94553 Re: Claim for damages at 804 Coventry Rd., Kensington, Contra Costa County Dear Ms. Hymes-Offord: Per our phone conversation of October 21'1 I am enclosing a claim for damages to my sewer line at the above referenced property. I am interested in having liability assigned and the problem fixed as soon as possible- particularly with the rainy season about to commence. Cance you've had a chance to review the enclosed, I would greatly appreciate it if you would inform me as to the progress of the claim and general time line involved. Your attention to this matter is appreciated. Sincerely, 01�114� Michael Baar � lerk of the Board of Supervisors, Contra Costa County Roto-Rooter w h r♦+ t r k � } j � � t CLAIM BOARD Of SUPER«SO S Ute COMA COSTA Q Tt M' t et MORMe BOARD ACT`lQNE DECEMER 7, 1999 Claim Against the County, of District Governed by ) the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT end Board Action A}I Section references are to } The copy of this drAwnent mailed to you is your Wforria Goverment Codes. Notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belovo, Oven Wsuant to Govemtrent Code Section 913 and 915.4. Please note all `Warnings". AMOUNT: $3)0001000.00 CLAIMANT: Dwight R. Culton ATTORNEY: c/o Theresa Harris DATE RECEIVED: October 25, 1999 1895 Truman Street ADDRESS: Richmond CA 94806 BY DELIVERY TO CLERK ON: October 25, 1999 BY MAIL POSTMARKED: Hand-Delivered L FROft Clerk of the Board of Supervisors 7U County Counsel Attached is a copy of the above-noted claim. PHIL T�ELOP- Cler Dated. October 26, 1999 By: Deputy v-� IL. FROIvi: County Counsel M. Clerk of the Board of Supervi rs (vfihis 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 Iate claim (Section 911.3). { ) Other: Dated:_ __ $ ' -` By: o v deputy County Counsel III. PROAL Clerk of the Board 7C}: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1IV BOARD ORD13L- By unanimous vote of the Supervisors present: ( ?bis 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: v PHIL BATCHELOR, Clerk, By -,J4-CP' , -1.Deputy Cle WARM NG (Gov. code secti 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. A] AVIT OF M4CLJNG I declare under penalty of perjury that T am now, and at all tinges herein mentioned, have been a citizen of the United States, over age 19; and that today I deposited in the United States Postal Service in Martinez, California, postage full prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: G By: PML BATCHELOR B „w,r puty Clerk ICC: r'eUnry Counsel County Administmior c— NOTICE OF CLAIM AGAINST THE COUNTYrOF CONTRA. COS ' ! (Government-Code.. ss 9102, 910.2) �• �;�� Return to: OC"' , '1999 County Cx"erk's Office 651 Pine Street Martinez, CA 94553 KBOAR O , cc . ... . Phone Number. .�,.��� CLAIMANT NAME CLAIMANT'S ADDRESS:, � f Numbery Street _.. -f+ y $j' 0 '\. )Y•ss•/`^ �t sh•"K fy.{.j•w {/nl>Y. } X+ Cil:y state Zi p% Cade NAME AND ADDRESS OF PERSON ;:TO*l.WHOM" NOTICES REG DING THIS CLAIM SHOULD BE SENT (if different then ' e. DATE OF THE ACCIDENT -OR" OCCURENCE: . PLACE .OF THE ACCIDENT OR OCCURENCE•. � k` 1.. t e t S 3 r' GENERAL DESCRIPTION .OF .THE..ACCIDENTUR QCCURENCE_(attach 'additi.�nal pages if more space is needed) : �> �... X.77 .k 4 Lr' ,cC „ -NAMES, IF IP40WH OF "ANY 'PUBLIC EMPLOYEES 'CAUSING THE INJURY OR LOSS: t< {vvP NAMES AND ADDRESS OF WITNESSES: " NAME ADDRESS 'TELEPHONE 2 . NAME AND ADDRESS OF, DOCTORS, HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE 1. • .2 . GENERAL: ?DESCRIPTION OF 'THE LOSS, INJURY OR DAMGACE SUFFERED: ,%L AMUNT Li , K .f of..•':yp- fir'' w.� .1+'+,q�.✓ `' - BASIS OF COMPUTING,"THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Medical 'Expenses $ Loss of Earnings: $ Special. damages '- or: (Attach cop es f available) e, the undersigned, $eclare under.. penalty, of, perjury that I/we .have d the f6regoi.n' 'claim,',for 'damages-and 'know the contents -thereof; ;' that same- is ..true of -mfr/c ur-own -knowledga and belief, save and :except -as those matters wherein stated on information and belief, and as to M,` I/we 'believe 'it .to. be true. '... . 5 gn" re of Cla want{is) V ;eived At County .Clerk s:Office this day of i 9 io r { 'S Ignature c�is�r**irfisyt�Cit'9r�e�t4r�k3r*7ik�c7k*dr,dtik�r�tlr�tyk*�tdedcik�r�txkit�ir�'t�t�kak�ir�attie9t�t�kie�**���k�r�`9sir*�k�r'�rit^�r9r�lr 4 i Z CLAIMS. RELATED '.TO ZNJURY,-TO .,P'ERSON OR-PERSONAL _PROPERTY, THIS .:FbRM 3T BE FILED:WITH THE !Co County WITHIN � 180,-,Days FROM THE: _ �RUAL .OF THE CAUSE OF ACTION. A CLAIM RELATED TO.,AN'Y .OTHER CAUSE OF ' TION `SHALT, BE PRESENTED NO LATER THAN ONE YEAR AFTER- ACCRUAL OF THE USE OF ACTION CLAIM BOARD OF Sldl'PERNI I. ORS OF CO?!'?R_A COSTA CO=. CAi 1`i~OT MA BOARD AC`ItDECEMBER 7, '1999 CWrn Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT end Board Action. All Section references are to } The copy of this docctrrtent rn6led to you is your California Goverment Codes. f notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belovvi, given pursuant to Goverment Code Section 513 and MTN (g�mwv 815.4. Please note all "Warnings". .r AMOUNT: $10,000,000.00 Q e CLATtANT: Dwight Resse CuLton � A;, sr ATTORNEY: c/o Theresa Harris DATE RECETWD: October 25, 1999 1895 Truman Street ADDRESS: Richmond. CA 94806 BY DELIVERY TO CLERK ON: October 2 —1999 BY MAIL POSTMARKED: Uand-Del-iy., rte-d L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted chum. PML BAT MLOR, Dated: October 26, 1999 By: Deputy. IL FROM: County Counsel "18C?: Clerk of the Board of Supervi rs ( This claim complies substantially with Sections 914 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 surd warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: t ..ti B H Y� `; ` ` Deputy County Counsel EL FRONL Clerk of the Board 70-- County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDE FL By unanimous vote of the Supervisors present: t4This Claim is rejected in full. ) Other. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: r &,,L 1446 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (b) mouths 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 shatter. If you want to consult an attorney, you should do to immediately. *For Additional Warning See Reverse Side of This Notice. AMlvn OF IVIG 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 full) 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: Gowdy 00=w C�rnty Admnistmtor NOTICE OF CLAIM AGAINST THE COUNTY-OF CONTRA (Government-Code ..ss 9101 910.2) Return to: C6untyClerk's Office ~ 651 Pine Street Martinez, CA 94553 t,LEFM RDOFSU R'SOPS ,Phone Number: ,. /'O 2:33'— 3S CLAIMANT NAME CLAIMANT'S ADDRESS: Number Street f City State Zip Cade NAME AND•ADDRESS OF PERSON TO WHOM NOTICES REGARDING- THIS CLAIM S1f0ULD' EE SENT (if. different khan `above} ;3 :•, s ;. ; r :: DATE..OF THE ACCIDENT .OR OCCURENCE: • PLACE OF. THE ACCIDENT OR:OCCURENCE: GENERAL DESCRIPTION .OF .THE ACCIDENT OR .UCCURENCE {attach additional paces if morespace is needed} • ! ! "� � �'�'���,� �� t i r NAMES, IF KNOWNi ' OFANY PUBLIC EMPLOYEES CAUSING THE INJU_tY OR LOSS: NAMES AND ADDRESS OF WITNESSES: NAME ADDRESS TELEPHONE e,Cel : . C"TAC # t L k' QCF&AjU NAME AND ADDRESS OF DOCTORS, HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE 2 . GENERAL DESCRIPTION OF :THE LOSS, INJURY OR DAMGAGE ,SUFFERED. 3L AMOUNT CLAIMED:- BASIS LAIMED:$ASIS OF .COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Medical Expenses: $ Loss of irnings: special damages'.for: tAttach cop es If available) e, the undersigned, declare • tandem. penalty. of `perjury that I/we ;have A the �Qregi�ing 'clam .for damages `and know the. contents -thereok;.'thit' same is .true of -my,/our-own knowledge, and belief,. saveand :except -as . these matters wherein stated ,on information and belief, and as to :m,' IJwe believe it to be true. .ED• r° l$ ✓ f of Claimant(s) :eived at Couns 'Office this - _day -of ; 9 ty • Clerk+ it :.S gn2ttUrf' :... ,.. rzkirk��kaY�k�t^�c�tak�fcyk��Yt4r�kir�Fic�s�Xkiktk�s�t�taki�th*�t�k�k�t�k�e'it�ktlrir�t�lra4aktrpt*�k'A�ilt�kik��4r��k�ktk*�r�k�k�kit a Z CLAIMS RELA`T'ED .TO INJURY •TO..PERSON 0 -.PERSONAL PROPERTY, THIS TbRM 3T BE FILED WITH THE �Co."Co County .. .L VITHIN - .180.:'Day'S .-. ,,FRnM THE wRUAL OF THE CAUSE OF 'ACTION. A CLAIM RELATED TO..ANY OTHER CAUSE. OF ZION `SHALL BE PRESENTEE; NO LATER THAN ONE YEAR AFTER ACCRUAL OF' THE USE OF ACTION. : CLAIM BQAM OF SUPEM!ISMS DE CONIRA COSTA MUL"M CAIIFMNIA BoAgn AC' p DEMBER 7, 1999 Chim Against the County, or District Governed by the Board of Supervisors, Routing Endotwrnents, NOTICE TO CLAIMANT ad Board Acton. All Section referee we to The M of this dDmrwt mailed to you is your Califorria Government Codes. Notice of the action taken on your dairn by the Board of Supervisors. (Paragraph IV belov4, Oven suant to Goverrvent Code Section 913 and f. 15.4. Plow note all 'Warnings". AMOLNT: In Excess of $10,000.00 MAR CLAIM ANT: NEITIE BROWN AND ANDREI EVANS ATTORNEY: c/o James B. (hanin, Esq. RECEIM: October 25, 1999 Law Offices of James B. 1, ADDRESS: 3050 Shattuck Avenue BY DELIVERY TO CLM ON: October 25, 1999 Berkeley CA 94705 BY MAIL POSTMARKED: October 22, 1999 I. FROM Clerk of the Dowd of Supervisors IPM County Counsel Attached is a copy of the above-noted claim. Dated: October 26, 1999 PHIL BAT R, Clark By: Dep Dep IL FROM County Counsel M Clerk of the Board of Supervisoff vjIlis 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 910.9). ) 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: C ri Dated: —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 9113). IV BOARD CNWEFL- By unanimous vote of the Supervisors present This Claim is rejected in full. O tither: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:bkP_t, PWL BATCHELOR, Clark, By_445,�, Deputy Clerk WARNING (Gov. code sectiW913) Subject to certain exceptions, you have only six (6) months from the date this notice wts personally served or depositee in the mail to file a court action on this claim. get 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. -UM—AVIT OF MAIMG 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 full: prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated' -7 By: PML BATCHELOR B Deputy Clerk cc- Counry Counsel Comm,Adyninittmior LAW OFFICES OF JAMES B. CHANIN 3050 SHATTUCK AVENUE BERKELEY,CALIFORNIA 94705r� < f (510)848-4752 FAX(510)848.5819 October 22 , 1999 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, California 94553 Dear Madam/Sir. Enclosed please find the original and one copy of the following document : - CLAIM AGAINST THE COUNTY OF CONTRA COSTA Please file the original and return an endorsed, file- stamped copy to our office in the enclosed self-addressed, stamped envelope. Thank you for your time and attention in this matter. Very truly yours, LAW FFICES OF JAMES B. CHANIN Sara Kendall, legal assistant Enclosures JAMES B. CHANIN (SBN# 76043) Law Offices of James B. Chanin 3050 Shattuck Avenue Berkeley, California 94705 Telephone : (510) 848-4752 Attorney for Claimants CLAIM AGAINST THE COUNTY OF CONTRA COSTA NETTIE BROWN and ) ANDREI EVANS ) ) Claimants, ) TORT CLAIM (Gov' t Code §810 et seq) VS . ) COUNTY OF CONTRA COSTA ) ) } CLAIMANTS' NAMES : Nettie Brown and Andrei Evans CLAIMANTS' ADDRESS: 426 21st Street, Richmond, CA. CLAIMANTS' TELEPHONE NUMBER: C/O James B. Chanin, Esq. , Law Offices of James B. Chanin (510) 848-4752 PLEASE NOTE: SINCE THE CLAIMANTS ARE REPRESENTED BY COUNSEL, ALL COMMUNICATIONS SHALL BE DIRECTED TO THEIR COUNSEL AND NO COMMUNICATIONS SHALL BE MADE DIRECTLY WITH THE CLAIMANTS. ADDRESS TO WHICH NOTICES ARE TO BE SENT: JAMES B. CHANIN, LAW OFFICES OF JAMES B. CHANIN, 3050 SHATTUCK AVENUE, BERKELEY, CALIFORNIA 95705 . DATE OF THE INCIDENT: On or about May 13 , 1999. LOCATION OF ACCIDENT OR INCIDENT: At or about 426 21st Street, Richmond, CA. 1 HOW DID THE ACCIDENT OR INCIDENT OCCUR: On or about May 13 , 1999, at or about 426 21st Street, Richmond, CA. , a number of law enforcement officers, whom Claimants are informed and believe and thereon allege included, but may have not been limited to: Preston Browning (DUSM) , Tony Mikell (Richmond Police Departmen.t) , Bill Imboden (Hercules Police Department) , Robert Dass (San Francisco Police Department) , Matt Rice (INS) , Mike Stevenson (INS) and/or Does 1-20, and each of them, entered and searched the Claimants' residence without consent of the Claimants, without the existence of any exigent circumstances, and without a warrant . During the course of this incident, the Claimants were subjected to an unreasonable search of their home, the unreasonable seizure of their persons and were otherwise terrified as a result of the warrantless raid of their home by a law enforcement "Task Force" at approximately 7 . 00 a.m. Claimants are informed and believe and thereon allege that the alleged subject of the search, James Lomax Lee, Jr. , was in custody of a jail, prison or other detention facility at and prior to the time of this warrantless, search. Claimants are further informed and believe and thereon allege that despite the fact that James Lomax Lee, Jr. was in a jail, prison or other detention facility, Contra Costa County, it employees, agents and/or servants, including, but not limited to Contra Costa County Probation Department employees : Yvette McCollumn, Sharon Cabading, Simon Vasquez and/or Dees 21-40, and each of them, caused law enforcement officers to go to the Claimants' residence for the purpose of conducting a warrantless search and seizure because of an alleged probation violation by Mr. Lee. However, Claimants are informed and believe and thereon allege that prior to causing law enforcement to go to the Claimants' residence, neither Contra Costa County, its employees, agents and/or servants or the other law enforcement agencies and officers involved in this incident made any attempt to confirm whether Mr. Lee was actually residing at 426 21st St. , Richmond, California at any time prior to the decision to conduct the warrantless search and seizure at said location. Claimants are further informed and believe and thereon allege that despite the fact that Mr. Lee was in a jail, prison and/or other detention facility at that time and despite the fact that this information would have been readily available to Contra Costa County, its employees, agents and/or servants and to the other law enforcement agencies and officers involved in this incident, Claimants are informed and 2 believe and thereon allege that none of them made any effort to confirm the actual whereabouts or custody status of Mr. Lee before conducting the warrantless search and seizure at the Claimants' residence. Claimants are further informed and believe and thereon allege that the entry, search and seizure alleged in this Claim was not conducted for legitimate probation goals or purposes . Claimants allege that the incidents alleged herein were the product of customs, policies or practices of the COUNTY OF CONTRA COSTA and/or the other above-described public entities and/or officers involved in the incident which authorized, condoned, or encouraged unreasonable, warrantless searches and seizures in the course of criminal investigations under the guise of conducting "probation" or "parole" searches. Claimants are further informed and believe and thereon allege that the incidents alleged above were the result of negligence and/or deliberate indifference of the COUNTY OF CONTRA COSTA and/or the other above-described public entities and/or officers and/or their respecting managing officers or agents with regard to the hiring, supervision, training and/or discipline of its officers and/or employees and/or with regard to the hiring, supervision, training and/or discipline of its Task Force members . Claimants allege that the incidents alleged herein were the result of racial animus, disparate and/or discriminatory because of the Claimants' race (African American) . As to the County of Contra Costa, Claimants further allege that prior to the filing of this Claim, Claimants' counsel attempted to obtain information from the Contra Costa County Probation Department pursuant to the California Public Records Act as well as through requests accompanied by executed releases from the Claimants as well as from Mr. Lee, concerning the subject incident. To date, the County of Contra Costa, including the Centra Costa County Probation Department has failed to provide any of the information requested by the Claimants' counsel or to provide any other information showing that it is not responsible for causing the subject incident . Therefore, in addition to any and all other claims that the Claimants may have arising from this incident, Claimants further allege that they are entitled to the remedies, damages and penalties available under the California Public Records Act for the failure of the Contra Costa County Probation Department to provide the Claimants with the requested information and/or records . Discovery continuing. 3 DESCRIBE INJURY OR DAMAGE: Emotional distress, fear, anxiety, embarrassment, humiliation, lass of liberty, violation of civil rights . Claimants claim damages based on theories of liability which may include, but are not limited to, illegal search and seizure; false arrest; false imprisonment; negligence; infliction of emotional distress; invasion of privacy; denial of due process; denial of equal protection; Civil Code §§51 . 7, 52, 52 . 1; 42 U.S.C. §1.983 , Constitutional Bivens Claims under the United States Constitution. Claimants claim compensatory damages, punitive damages, statutory damages, costs and attorneys' fees which have been and/or which may be, incurred as a result of the incidents alleged herein. Discovery continuing. NAME OF PUBLIC EMPLOYEE (S) BELIEVED TO HAVE CAUSED INJURY OR DAMAGE: The above-described public entities, including, but not limited to, the United States Department of Justice, United States Marshalls Service, the United States Immigration and Naturalization Service, Contra Costa County, the City of Richmond, the City of Hercules, the City and County of San Francisco, their employees, agents and/or servants referred to above, Does 1-40 . Discovery continuing. AMOUNT OF CLAIM: Claim is in excess of $10, 000 . 00 . Jurisdiction is in the Superior Court of the State of California for the County of Contra Costa and/or United States District Court for the Northern District of California. DEMAND FOR PRESERVATION OF EVIDENCE, POLICE COMMUNICATIONS TAPES AND OTHER MATERIALS: During the pendency of this Claim, throughout the time the Claimants may bring a lawsuit in Court and throughout the pendency of any ensuing litigation, Claimants demand that the above-described public entities, their employees, agents and servants, preserve all evidence relating to the subject of this Claim, including but not limited to, each and every police or public safety communications tape, log, radio transmissions, CAD reports and all other audio tapes, communications tapes and evidence of any kind. This request specifically demands that said public entities maintain such 4 audio tapes, lags, radio transmissions, CAIS reports and ether evidence. DATED: actober 22, 1599 LAW OFFI =IN By S B. CHANIN Attorney for Claimants 5 AFFIDAVIT OF SERVICE BY MAIL (CCP 1013a) I, SARA KENDALL, hereby declare : I am a citizen of the United States, over 18 years of age, and not a party to this action. I am employed in the County of Alameda; my business address is 3050 Shattuck Avenue, Berkeley, California. That on the date set forth below, I served a copy of the following document : CLAIM AGAINST THE COUNTY OF CONTRA COSTA in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, California 94553 X (BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED) : I am readily Ta—miliar with the business practice for the collection and processing of correspondence for mailing with the United States Postal Service, and that the correspondence was deposited with the United States Postal Service in the ordinary course of business at Berkeley, California. (BY HAND DELIVERY) : I personally delivered such envelope by hand, delivered to the above stated parties . (BY FACSIMILE) : I caused such document to be electronically transmitted by telecopier to the fax number listed below the names of the respective parties . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct . Executed on October 22, 1999, at Berkeley, California. Sara Kendall ni Xs Y Ms y & rN tr LM Lrl wos) to 0 �► KPr- n w { r• rorrx �. (D:1 0 cJ m 0 1-h rr w K O m F- (D ::J N• (D rt W tt� rt K 0 0 , W 11) P` V 0 rt M li7 j11 ETI 0 � Ul m W (D K }: th - 4 Ste; 4'-- CLADI BQAM OF.SUPERVISORS C?F Ct}'1YT'FtA COSIA CQ=o CALUt' NI BOARD.A DECEMBER7, 1999 Claim Against the County, or district Governed by ) the Board of Supervisors, Flouting Endorsements, I NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Governrnent Codes. } wtice of the action taken on your claim by the Board of Supervisors. {Paragraph IV belovo, given , w pursuant to Government Code Section 913 and 915.4. Please wte allWarnings � „ s AMOUNT: $25,000.00 ?� �N CLAIMANT: °'` DENNIS GALLAGHER ATTORNEY: MICHAEL J. EARLEY (SDN147584) DATE RECEIVED: NOVEMBER 2, 1999 ADDRESS: 555 UNIVERSITY AVE. , #284 BY DELIVERY TO CLERK ON: NOVEMBER 2, 1999 SACRAMENTO CA 94825 BY MAIL POSTMARKED. = MEEE 1. 1999 L FRONS Clerk of the Board of'Supervisors 7Xh County Counsel Attached is a copy of the above-noted claim. PHIL BAT R, Cierk } Elated:__ NOVEMBER 2. 1999 By: Deputy, II. FRONL County Counsel M. Clerk of the Board of Supmis6fs This claimtcomplies 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 5+11.3). Other: 1;n f6 wl M61,_t - rl4%,"er, on 0/1 Alr:�� -q q ,q `erg'' 6 Dated: /1 By: Cw � i i _ fepitty County Counsel 1131 FROn- Clerk of the Board TO± County Counsel (l) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). EV. BOARD ORDER: By unanimousvote of the Supervisors present: 60 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. Elated:learahki � /.�2�I� PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the (nail 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. DAVIT OF MAIMG 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 full) prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:.�,. /4'7 By: PHIL BATCHELOR By � G`^' '' 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 personal property or growing crops and which accrue on or before December 31, 2987, must be presented not later than the 100 '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 Cade 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 DENNIS F. GALLAGHER LV TEIVED Against the County of Contra Costa or ) ev CONTRA COSTA COUNTY SHERIFF District) 'SRV WMS (Fill in name) ) '71'hc undersigned V!"imµ1t hereby m akcs nV1/µyal+/i against gainst vhe Cvti »l�� of Contra Costa or the above-namedd;Strict in the sum of$25,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) MAY 5, 1999 2. Where did the damage or injury occur? (Include city and county) OFFICE OF THE SHERIFF 1980 MUIR ROAD MARTINEZ, CA 94553-4800 3. How did the damage or injury occur? (Give full details; use extra paper if required) SEE ATTACHED LETTER 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Representatives of the Contra Costa County Sheriff's Office unfairly, unlawfully and unreasonably refused to issue the Claimant herein the appropriate Retirement Badge, fifteen (15) year Service Award and Identification Card. Claimant served a total of fifteen (15) years as a Sheriff Reserve and is entitled to the rights S. * atbaietietria 'f county arotsintl&ficers, servants, or employees causing the damage or injury? The full list is unknown at this time. However, Sgt. Hank Davis has informed Claimant that his request for appropriate retirement status was denied. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Deprivation of benefits following fifteen (15) years of service. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) This, information will be provided. 8. Names and addresses of witnesses, doctors, and hospitals. N/A 9. List the expenditures you made on account of this accident or injury. .DATE ME AMOUNT ) Gov. Code Sec. 910.2 provides "'The claim must be ) signed by the claimant or by some person on his behalf„ SEND NOTICES TO: Attorney) LAW OFFICE OF MICHAEL J. FARLEY Name and Address of Attorney ) MICHAEL J. FARLEY (SBN147584) } 555 UNIVERSITY AVE. , 4284 i `•. lk `• SACRAMENTO, CA 95825 )� ATTORNEY FOR CLAIMANT MICHAEL J. FARLEY (Address) } SEE ABOVE Telephone No. (916) 920--8576 ) Telephone No. (916) 9208576 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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. LAW OFFICE OF MICHAEL J. FARLEY 555 University Avenue, ##284-West (916) 920-8576 Sacramento, California 95825 FAX (916) 920-7951 y/8AO&)966'1 tJ October 24, 1999 VE Sgt. Hank Davis, Volunteer Services n Contra Costa County Sheriff 1980 Muir Road25, Martinez, CA 94553-4840 t3 Gp E:.0 Re: Gallagher,Dennis r € •E e 3t Dear Sgt. Davis: m This office has been retained to represent Dennis Gallagher in connection with his ongoing effort to obtain a Retirement Badge, fifteen (15) Service Award and Identification Card following his fifteen(15) years of service with the Contra Costa County Sheriff's Reserve. Accordingly, kindly direct all communications to this office. I We now provide the following explanation for our demand that your office honor his request. 1. Law Enforcement 'Training Experience Officer Gallagher completed Level III Reserve Training on October 16, 1982. He completed Level II on November 6, 1982. Attached hereto as exhibit A and B is a copy of his Northern California Criminal Justice Training Center Certificate of Completion. He completed Level I on December 20, 1982 and was qualified to assume the duties of a peace officer in the State of California (attached as exhibit C.) On January 7, 1983, Officer Gallagher was awarded a Certificate of Completion for satisfactorily completing a course in Dispatchers (exhibit D.) In June, 1985, He completed a forty hour course in Standards & Training for Corrections Program, Jail Operations, Phase II (exhibit B.) On April 2, 1984, Mr. Gallagher was sworn in as a Sheriff's Reserve for Contra Costa County and assumed his duties accordingly. Sgt. Hank Davis In re: Gallagher, Dennis October 24, 1999 Page 2 On September 9, 1987, Deputy Gallagher received a Certificate of Completion for Intermediate Traffic Accident Investigation(exhibit F.) On September 18, 1987, he received his Certificate of Completion in Basic Traffic Accident Investigation (exhibit G) from the Los Rios Community College District. On April 8, 1988, he completed 80 hours of study in Advanced Traffic Accident Investigation and obtained a Certificate of Completion accordingly (exhibit H.) Over the course of September 29-30, 1992, Mr. Gallagher attended and completed a California Peace Officer's Association ("CPOA") course in the study of the Public Records Act. He obtained a Certificate of Completion for his work (exhibit I.) 2. Service with Contra Costa Countv Sheriff's Dent. As noted above, Officer Gallagher started work as a Contra Costa County Sheriff on April 2, 1984. His job performance as a Deputy was exemplary. Moreover, as shown below, his time in service unquestionably entities hien him to the appropriate Retirement Badge, Fifteen(15) year Service Award and Retirement Identification. On November 4, 1985, Officer Gallagher received a Letter of Appreciation from Sgt. Ray Rodrigues. the Narcotic Bureau Commander. Officer Gallagher's bilingual education provided critical assistance to officers in the completion of a heroine investigation (exhibit J.) On November 12, 1985, he received a written Commendation from Chief Deputy Ard for his attention to duty(exhibit K.) On December 1, 1989. the Contra Costa County Sheriff's Department proudly awarded Office Gallagher a certificate to commemorate his five (5) years of loyal service in the Sheriff s Reserve of Contra Costa County (exhibit L.) Then, on December 9, 1994, the Contra Costa County Sheriff's Department proudly awarded Officer Gallagher a certificate for ten (10) years of service in Patrol (exhibit M.) On Tuesday, March 30. 1999, you and Officer Gallagher met, in person, to discuss several matters, including his intention to retire from the Sheriff's Reserve effective April S. 1499. Indeed, he sent you a letter dated April 8. 1999 to confirm your meeting. He requested a Retired Identification Card and Retired Ribbon attached to his Silver Star. Sgt. Hank Davis In re: Gallagher, Bennis October 24, 1999 Page 3 Our file indicates that on April 9, 1999, you wrote and told Officer Gallagher, amongst other items, that his request for a"retired" badge and 1.D. card ". . . will not happen . . ." You also referred to a procedure which was detailed in a 19913 Reserve Manual. That procedure, according to your letter, was the procedure which governed retirement of Sheriff s Reserve officers. Moreover, that procedure, according to your letter, reportedly changed. Unfortunately, you could not locate any documentation to confirm the procedural modification. You said you would notify Officer Gallagher`now his departure from the Sheriff's Reserve would be resolved in the future. On May 5, 1999, you wrote and advised Mr. Gallagher that the Office of the Sheriff implemented anew policy on the subject of his separation from your office. You advised under your new policy, Officer Gallagher's separation was a resignation. not a retirement. You also pointed out that he did not complete a full fifteen years of service with your agency. You referred to a separation in 1986 for a period of"nine (9) months and to two leaves of absences over the past fifteen years. You could not, however, compute the exact amount of time involved or when the reported leaves of absence happened. In conclusion, you advised Officer Gallagher that his term of service with your office was ". . .somewhat less than 14 years. . . " and his separation will be listed as a"voluntary resignation in good standing. . .'° By your letter, we concluded that your office will not provide Officer Gallagher with a Retired Badge, Identification Card and Award. In our opinion, your refusal to honor Mr. Gallagher's request is a blatant violation of the Contra Costa County Sheriff-Coroner's Dept.. Reserve Policies & Procedures Manual. Moreover, your refusal to issue the appropriate retirement standing does nothing more than trivialize Mr. Gallagher's fifteen years of service to your community. Twice Officer Gallagher was honored with certificates to honor his fifth and tenth year anniversaries with the Contra Costa County Sheriff. However, you have seen fit to deny the accuracy of the two prior awards for service and now maintain Mr. Gallagher did not complete fifteen years with your office. We urge you, for the following reasons, to reconsider your decision to deny Officer Gallagher's request. Sgt. Hank Davis In re: Gallagher, Dennis October 24, 1999 Page 4 3. Contra Costa Countv Sheriff-Coroner's Dept., Reserve Policies & Procedures Manual The 1990 Contra Costa County Sheriff-Coroner's Dept., Reserve Policies & Procedures Manual (hereinafter the Reserve Manual, copy attached as exhibit N ) is clear and concise regarding retirement. Page 7 of the Reserve Manual provides, in relevant part: Retirement A member will be eligible for retirement (without monetary compensation) upon: Completion of 15 years of honorable service. Reaching 60 years of age. The discretion of the Sheriff: The retired member's badge will have a retired ribbon attached to it and will be issued a retirement identification card. Reserves that complete 20 years of service will be issued a gold retirement badge. You will note that the "Retirement" section of the Reserve Manual is silent as to any other information. Page 4 of the 1990 Reserve Manual provides, in relevant part: Leaves of Absence Requests for leaves of absence shall be directed in writing to the Coordinator of Volunteer Services through the Reserve chain of command. The request shall include the reason for the leave. Medical leaves and military leaves will be granted upon request. General leaves may be granted to a maximum of ninety, days. All leaves are to, have a specific ending bate. Sgt. Hank Davis In re: Gallagher,Dennis October 24, 1999 Page 5 All county issued equipment, including badge and identification card will be turned into the Coordinator prior to any leave greater than thirty days. The Reserve Manual, as you know, applied to Officer Gallagher during his entire term of service. Further, it does not discuss what impact, if any, a leave of absence may have on a subsequent retirement. More specifically, the Reserve Manual does not state that a"leave of absence" or other separation, is not counted in calculating a fifteen year term of service. Y Officer Gallagher received a five (5) year and a ten(10) year service award on the anniversary of each date, respectively. Your office did not dispute the fullfilment of each five (5) year increment of time for which he was awarded a certificate. Therefore, his separation from the Sheriff Reserve on April 2, 1999 should be considered a total tenure of fifteen (15) years of service. You stated in your April 9 letter that the 1990 procedure was changed but you could not locate confirmation of that new procedure or policy. Please be advised that the application of any policy implemented after Officer Gallagher's notice to you of his intention to retire, is entirely inappropriate, unwarranted and quite possibly, actionable at law. We obtained a copy of the 1995-1996 Polices and Procedures of the Office of the Sheriff Contra Costa County (hereinafter the "New Manual"). As you know, this version is far more comprehensive than the Reserve Manual and governed the Sheriff's Reserve during Deputy Gallagher's term of service. The New Manual is entirely silent as to what qualifies as fifteen years of service for reserve officers. Moreover, the New Manual is silent as to any matter relating to reserve officers with the Contra.Costa County Sheriff s Department. At this time, we ask that you reconsider Mr. Gallagher's request for a Retirement Badge, Identification Card and fifteen(15) year Service Award. Sgt. Hank Davis In re: Gallagher, Dennis October 24, 1999 Page 5 We look forward to hearing from you shortly. Thank you for your assistance. Si cerely y s, Wi CHAFL J. F Y MJF:\\\ Gal3agheristatusOE.ka r EXHIBIT A NORTHERN CALIFORNIA CERTIFICATE OF COMPLETION: LEVEL III ( _ _ .� `� � x.�'tr yV.(iVi rr. /�Vv -r / �Kr �\y%��x.; �1,iirtl �\�� �r 5fitti, '' ,"4ssv � �`l.Yrr/ �4`s rf tiikC�. 11tt``�s'� • .a" yVw� •n yy'A+i�, y J4 a cI y jlfpr t s'tiy4 -iN�F sru • ap/ !A:rM'Ni•Fr `���,t: w,; AA� v `, Ni iw� r• w� r 4 � 4tW A y�Mt'�t xA+4 4�J�R x ��, 4v f >, �ra 47PGry� ��: 'r, d� .''• 7 /:� f y^� :n d..•... y+F�',s: �,,,...rr .i. c -i,'iY J� lot4 \ -•w ry &—I AAAZ AMA x} iiSa aJ rr o f CN +1 �RS�'s�y`+•Z co a tA ci •� `,=rf�� � \V\ Ct r �yj 1�1 4J CL u r mono cn /\ -s�A,�� IiJ-.r! �j,/ � Cr.� YW1 � � � l✓ a+� � ` i f` '� /' h� ir� Lr.l �'•4y � � � Li � �� � � r' \l\P S� r�1 ►rel ,ia ytyfi�y,n r.•E f I � I sr�a . y 1�i 1 k. 1Y J f , j'` }_.,�vac/,. 5 M n.�`'* .,yFi°/9'•"V\ `,�,. �ytv. yt d` ♦My t°. �, �A'tt��' .HO r s w., 5',�y \�t h n r.. � ,. ,, �y..��.� t � �a rNx�Yn+•w .. ��'�'.\rdlYrii.� 8"RVWn 1YwYxa '.n�byyn+°ti �rY.'r�v r, '" 4`�' +�, ..��, � w _ 1 r�,r+ ,R ,� rx+ 3` t!rr r _.:�s� .,`'amp.h' pr r\ Vv;a 2✓��y� 4 vrr i a s +"r xw rt ��r "J rt'J� a"r'�'r ,vxiW �� r,.•�yJ• .MJF'' '�itK�'. 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A,' r.�xµ'y;.• f+.r/yx��;x`• ;,,f.,Yy. .4\'` n...•' �Y � .x:'r _.: _ EXHIBIT B NORTHERN CALIFORNIA CERTIFICA'T'E OF COMPLETION: LEVEL 11 f YY VM {M Mh'dr YI r� q aryl4•'�� 4(N�� it(1VY` 4'yy lyy� hµy � _ \��'����` y' i},u. ays h,fNM r� 4 by �Nu r,, Ni W�M'r} •.�ax r +ei7 j,War ""�x r" a � i.' i .-.i y\W,•i t tiniy � ",:��I•+ •: d i ]P.: .Y ��, f� ��'.w� i4 ;7' I/j;'P�` � f t /t:•:..� Y�� I � sty \ y tU y LL a "7 c, w � � LQ r{j V �� �r( P MiMI I LU I 1 y a ,a 4 P .�I k\\fy S �_ ♦ - ♦ � s'� b yt�. � ♦ � a+,��.., rx� w?'^ �'� - .� r- � '" $ a• w r'1 qhr �, ... i C f+lfa� ..'P'W!��a �"VM.y a YtP. tiff yr.V.�a r n{{o a ,v.M�a 61v ,�WM,a PN� a MY• yPq/a �S s( '1 EXHIBIT C NORTHERN CALIFORNIA CERTIFICATE OF COMPLETION: LEVEL I _ _ .,• � .+"""�v \. t� \\ti S', .-� Y�` `. 1.. � ,� 1'yN�f� A,'S�'�U� ���a\`�i�Y..\\ .'�� ` YY YOn Ar ✓Y YEN kN✓• R j�Y ���N ,s h'1v'i y1�• Ny '{ �Nh '.`ti'1 i 1 4.ra J h+4i 4 J �r ,r' {. ~•r�.<°� y i actr Vol\ �. �f ~ -------------- o� 74Vo Cc uj In ,.:. ., lot Ow ONO .=r CD got SOX— ' ft i a f y�'✓ i / rr e " 1 And, r. f �'�ry\ a'IW^ YvY4 Y1}1- � �Y� 5�^4 l;�H\.. M��4R' �� to � �J.� 4v � � '.M � J. V q,t�•ti� �rY;'4 t '.. =O . iV T 5 1 J 3 � �PQI• •1RY'Y Y1li4 Y'Y., � \ Rr. ..�`.W •:as '�fN" tiLL �_ .wn .4W iNl is .wl r4W'.: fwtf' Ylr.Y1' '4sXJ YYf4 EXHIBIT D CERTIFICATE OF COMPLETION: DISPATCHERS G' '� �ti�r •�..,ti *!\`N+wr •.�yw.M �♦�: A xtr �'`yt �.,u r �ti'•+ kr ,cwt 9 \�yNU+' MS�,. "t♦��/' 4✓rj�' v� �3 t+♦�'�tr .y."tr.hI 4°Y���! a� A�'•4 *Y ti♦14 Av��i• `tii��` � tit N �.r�� ^r'�t.+I'. rHw,�•. •M,7pia",i, 1M+t�' ay 'A A 1 r 'Aa M Wa Y -. +:W''d5 1 ':�N+h - JAM j t �r � Yi ,ty�f tir"✓ h.✓',.;.t5t 1J`�ara J'`�r � -.J'�... `4"i � 3,dh ,iF e♦ i 1\ -!Yr iay A� 4 ✓ 1 y{ 4 T co - •, r a ...r,.j• w ti -;s's �� •1�T lJri � �f ;� r a � rri CN r ea ri yy ♦ v~ V CL ry .L, fes•.71 r a CL cn ` r•:,i+l! 4,,,,x.2 '�+•. � � � � W � F—i � � � � a rites a O ira I ' p :;+� ,3r."., `. : '+�, 'r�y. *��: a r•`� 'r ♦ �v� r -� �5,, .:yl Fr iF ,It � •+r+ ,ny✓rs* - "�✓,pys a -•"KYr+ r�SYs - 'ti5r! ✓,.KN+ u d,,�SM �w.* +"hS♦n+- Ydr; kYi 1 r �`✓✓( . :' et '�°�o� >.�wJS a.AW r♦�'N rtiV t "r +.AMf': �atr•� at+l A+y RVJ'..• "ri N.. �i'� � ♦r e s EXHIBIT E CERTIFICATE OF COMPLETION: JAIL OPERATIONS ` 'Y:�y°y � 4Ns� Y./t;' ,�+ ��+� , ✓.�w.�, �� ,�t J =+v,� ? �y" y y,' y � 1 r�,,..,, �r �'! kC•+. Y � -r 1 • s ''K �� 1,' `(.• ,tea IL - •• f1S i 1rn �\ 1 � ... Cd ho PZ �* '�' ► ' ... 40 `��.` F. fir..► � i�! � � �;:`- K Vk. cd ..�. ♦ *MR* + ed y c IS � �+ CO #No.^ f f w � y+ �`'•�`4� � •,� .-fM�,. ..r",��S ,i� ,t++� ��Y �✓r�,y ,a r " �/^« � t��C1�c�rify,.��� y t'�..'�}-�:. � �S. ,�♦ r t� ��"yrs} ��rj, # ;rt1• .r '�.M �'r,� s rYS.�',4 t��„� . .1�y,�a s� ,.v✓r'`�.� i �i.. v EXHIBIT F CERTIFICATE OF COMPLETION: INTERMEDIATE TRAFFIC INVESTIGATION N° 14619 }UC!A�6ryY di8lii h<ly 7 44(rt.Y fr(l+I/G/yI��A�i:6+G+fwi/ TRAFFIC ACCIDENT INVESTIGATION SKID ANALYSIS DENNIS FRANCIS GALLAGHER Student Coordinator SEPTEMBER 12, 1987 24 POST CERTrFIEcDr:/" —�""_ . Date Hours Assistant Dean, Department of Public Service EXHIBIT G CERTIFICATE OF COMPLETION: BASIC TRAFFIC INVESTIGATION + ,0vZ 3 0 47m '37y 7.OT�f; • Y t`` a 7 l AX ';l�� .�•�Y.is n+* co �. 1 4-1 "S a � \✓ t l � CS9 CV LU aj Ln AI ta ! , w \�y,,�,� +�"� � � [� � try "i •(y C.) O � �,�}�`��' y c 4- i r �. r co r s.ri o 22 at 1 '` ��' •�Y',,yid.�• i�'` +�r �cwar +�' s r ,�� � .,�;J � i d .r "Acow�+�' 'yew v `' r �'�' �✓ EXHIBIT H CERTIFICATE OF COMPLETION: ADVANCED TRAFFIC INVESTIGATION 4... P s "''+':aey►Yk'slMi+�epws!t� +y v� i -•-, ....- _-, �. ;.,.. •..r..i r� _ -y�r-- .z•�"t53 �' ..�'!t-'� _w� -^r �r ,.as.,., �.i °' � ..:..r „m....y ..aa� _ ° -.�c --�-vr:-�q.. x�, - .y' '�: �i.:w�.:ry � --- _ ..ria ...:.4,..•a, •,w.� �,.a, x+s._ „{ .,�. _ w < f ti :Y4 0-4, �rj8 *Vtl't ." ' - ''m:�" y:.t& ,may> -- .,a.,,A.i ,yam „,i ,*'. ✓f" .?te. X� x.,� `; .: «--w. �r,• '+ ," All ls*e W. Aysp x'iy� #y kw Ya t ,. xy {�¢a ,t e. a� :Ai'l .Y•,�,�k°'.w,x.`s ��"y,���„�.+: � ��a'�k a �,'"�'� r#.,�rt�k���a4;`ty'� .,., .. 80 s � success#ally compiet hours .n"�'ih-5�p �L t#��yy;s�Y].yl.� Ot'tSt�`uClt3!'1 In the ,f �[ {t�h kf�+• {+y, �R�w,F+:.�'gx' t..w.a�-'� T{rl. p�n M',* '+}�,.A�,., �... `•�: `4 '`� s; j Hit 1j t`t it is Ute" '^#'t[ � f'f- V �f r �` t INIC yj '� y h �.`x'S a�" � +. ".'• r ■- « .. Com..4',. .misslr^,�¢y��r� x w aS C i�ttft@C �y the Callfotn�a +�n r . =• ,. Vrh� t an l e +c t7fflcat Sgtam r s end "Cra i n a .� "' �+iip�s ;�� 1� y,„a^•k£�'�".�.+#1�� m e 'r°�,,�. 3 r++a.' iC.t_,'Y rr,'.. .f a:^ . 1"t Y4•°�. �Y"� ~-3'C�K 1~`,^b 1a Y'e ..� '°e C /fit �� V y �nls tc�r� o t_ustice o fret §52 'ysa sem' aa'}A ,fl ' ?^e�` X ', ^ i"y "' ' '+.} v` r a-«r y.` ,.�1 1-a.ei t` 6 yr 19 ,�.� >ra 7''���' }� �mr-w� t � �' "� � '"'Sx-t,�`x.•� r.. ,,;i �,..� di',a��` ''*�`yf`€'�r�±`i a as _s � ar2� s r..t? w�',a f�' � yj��_r5•{* .`� Ya � a� •'a S j-' � f t H «• r ... ... � ,r .....ry.ei4 r7*<.� ."y}w.. �t.a �.4• y :'.7' ,. 'y, . .rak. as,: .,�,. r � v. x..4�„Jt'^M i�..� y.'.`x `�S ' w�.yaC'A''�r_ r 1$ '""'''$'�*.aarr.,4'+ 1' +kn�'k .. yb* K .,�•K" moi- �,r ' '�� r t`b .t � "'k f-._. �' Ae �,.4,a�''�S'„a6'...4 EXHIBIT I CERTIFICATE OF COMPLETION: CPOA PUBLIC RECORDS ACT s s Alb „ - i:,3 .+s.�>.s# 'if+' as" 7^ ,� d ;y x�'L YCTYtr�(p*�*y}�' k'�•X. � s' ��� - •}�.'���'�F .t� 1 S'r°.s �'�'°bi'#>''fr+.e �+fiw-!"'=K+1, iTduf��trK •�E � M 7�I Y;rti ey K � t k a s o.� sr`A ip t `s4 �. b7<a►"y � � .a1<• �a:� A '4 T'f 'Y 1 £� S*d' r, �",k!nsp ' �',.y�a.. s,•. Kc ;.asE� R '�:ter z3 t � a r t. �'y�'�#•: k�.f� -o". ti;s 2 Yy1•i,.�,,s9� ,.. i r tc. .9 g+�'?aar+y,ro� pt, ty�{�!4 ':" 1�'�- '�,�µ:`"•�'"'��`it �ls,,,}•-1'�n.a a��': �y�r,�� ys ��' r°a.c ,y+"�tR it R a _ __ ....................................... EXHIBIT J LETTER OF APPRECIATION DATED 11/04/85 FROM SGT. RODRIGUES Sheriff-Coroner Richard K.Rainey Contra Costa County SHERIFF-CORONER Warren E. Rupt P.O. Box 391 Assistant Sheriff Martinez, California 94553-0039 Gerald T. Mitoatnka (415) 372- 2425 Assistant Sheriff To: Captain Larry Simmons Gate: November 4, 1985 Via Captain Russell F. ' n, Investigation Division Commander From: Sergeant Ray Rodrigues, Subject: Letter of Appreciation Narcotics Bureau C er The Narcotics Bureau would lake to extend our appreciation to Deputy Dennis Gallagher, M.D.F. After a long heroin investigation in the East County, suspects arrested could not speak English. Deputy Gallagher was summoned to interpret and, consequently, valuable information was secured in a tirrely fashion. RRztcr AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT K COMMENDATION FROM CHIEF DEPUTY ARI;! DATED 11/12/85 h6riff-�E. Croner Richard K.Rainey Contra Costa County SHERIFF-CORONER Warrent E. Rupf P.o� Box 391 Assistant Sheriff Martinez, California 94553-0039 (415) 372- Gerefd T.Mltoslnka Assistant Sheriff To: Deputies Gallagher, Martin & Pallier mate: Nov. 12, 1985 dram: Chief Deputy Ard 1� 1v'�'"� Subject: COMMENDATION' On 11 -6-85 Deputy Gallagher smelled burning marijuana and initiated a search with the aid of Deputies Martin & Palmer. The search turned up five (5) marijuana cigarettes. Your attention to duty and excellent follow-up has resulted in the iden- tification of those involved, the collection of evidence and a well written crime report. The security of the facility is improved by alert actions such as you've demonstrated in this incident. I commend each of you on a job well done. LPA:sh cc: Capt. Simmons Lt. Lambert AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT L .FIVE (5) YEAR SERVICE CERTIFICATE Jne Contra Cash County SHERIFF'S DEPARTMENT on the .est day of December I n. the year 1989 proudfy awards this certificate to Dennis Gallagher who has foyaffy served �n the Sherff 's JZeserve of Centra Costa County for a period of FIVE YEARS R.�hcs irt�� Sheriff, Contra Co Unty �� � s t3Fii.�: Anderson' Coordinator, Vofun=r'Services EXHIBIT M TEN (10) YEAR SERVICE CERTIFICATE 3'' ✓ +^`p4+""`'3'�`�!�y� `wy �°• '...s' l:v,•. �C � �5�83�$g` � �;.. � aa' F... �" � �C..;' s s r 1L::�(t�rartJf;�- 1+ ' 'l�.jAsx"ar dd`N. 0. �+yik_�y1 r °'t y i .°.,. ii" ,,:,,t'3 y. +'`; ,�ysa '. ..wit's': y `:r'X,(�` .s :.»tet . •mi ,. »i ir. -±»r'.' -+n� 1y�7 G a `i'iftPr�r �'t3Slt( k`5` .r+ittll;{s.s r gw� \ iris` 4 -:: rs�: � 'ji �g�r ` �► ��th `��, �? ''��r , µ:x� � , . ��t �f, " 4, �; ' �a � ?� f r W CAc' 11 MR 44. s +�t11 ����«rte'; fes+► � ter.► ��ru i�,,, �' ''� { 0-0 1.�� }'gym wns M !moi t+�► ', ,{ w '~ f SStd+.jv ,���+xppie#q; i"+yt H - � � -s. �t�:' �# 1�"ti'-`�•' � y i r��. may. � `'1 w sella# �j. 1 2 f 1(r. 44 l - `rt 'iei s a 9�$y �h�,�ti�Ea 3rr^3�»r a a t g;03 .a,,1i x Fa ? 1 zyy�l .'T r E*'�° � - 3s'tr`t a'IfdD��•r' T?Nx fit.: EXHIBIT N RESERVE POLICIES & PROCEDURES TMANUAL Contra Costa County SheriffmCoronees - Department Reserve Policies And Procedures Manual _ _ __ CONTRA COSTA COUNTY SHERIFF-CORONER RESERVE DEPUTY SHERIFF UNIT STRUCTURE AND PROCEDURES The Sheriff-Coroner maintains a Reserve Deputy Sherif£ Unit in order to augment all Departmental functions with trained volunteers. The Reserve Unit is assigned to Patrol Division and falls within the Bureau of Volunteer Services. The Coordinator of Volunteer Services is a Patrol Sergeant. The chain of command for this Bureau is Central Station Commander - Patrol DivisionCommander Assistant Sheriff, Field Operations - Sheriff. The Reserve Unit is structured as follows: COUNTY FUNCTION Delta Station Valley Station Bay station Main Detention Facility Rural Crimes CONTRACT CITIES San Ramon PD Danville PD Lafayette PD Orinda PD SPECIAL SERVICES Marine Patrol (Marine Divers) Search & Rescue Uniformed Radio The SheryffIs Air Posse and Marine Posse members' hold Level 4 Reserve status and report d�.rectly to the Sheriff . Reserve Deputy Sheriff ' s are subject to the same laws', rules, regulations, and responsibilities as regular Deputy Sheriffs. Reserve Deputies have additional guidelines and policies specific to the volunteer organizat .on and unit. Reserve Levels A volunteer may participate in Marine Patrol, Uniformed Radio, Search & Rescue, or other units without completion of the POST (Peace Officer Standards and Training) Reserve Academy. These volunteers hold Level 4 status. Level 4 Reserves do not have arrest powers and can not carry a weapon. 2 completion of Modules A and B in the POST Reserve Academy permit successful applicants to enter the Reserve Unit as a Level 2. Level 2 Reserves have full police powers when directly supervised by a Regular Deputy possessing a Basic POST Certificate. Level 2 Reserves have no police powers when off duty. Level 2 Reserves may work alone on special details on a limited basis Generally these details are transportation, specific missions, or details that require a minimum of supervision. Level 2 Reserves will not deviate from their special details when so assigned and engage in other police activities without a regular officer present. Reserves who have completed either the full POST Basic Academy or Modules A, B, and. C of the POST Reserve Academy may be appointed as a Level 1 Reserve after completion of 200 hours of field training and a written examination. Written recommendation from the Station House Commander or Police Manager is also required. Level I Reserves may work alone and they possess full police powers when assigned to duty. Level 1 Reserves have no police powers when off duty. No Reserve shall tale action off duty under color of police authority. Business Meetings The monthly Reserve business meeting occurs the third Tuesday of each month and is administered by the Coordinator of Volunteer Services. In-service training is provided at these meetings. Specialty Units may have business meetings that are specific to their unit. Reserves will attend meetings of their: unit. Details Patrol and MDF Reserves are required to schedule themselves while working a minimum of two details per month. These details are scheduled through the unit Reserve Sergeant during the previous month. Reserves may elect to work shifts and days that fit into their schedule. Additional details during the month may be worked if permission is obtained from on-duty Sergeants. These additional shifts will not be considered in lieu of scheduled details. Special Services Reserves will meet the requirements of their unit with respect to working details . 2 Reserves are required to inform their work station in advance when unable to work a scheduled detail. Every Reserve will submit a monthly detail smeary to their Reserve Lieutenant by the business meeting of the following month. Reporting for Duty Reserves are considered to be On Duty from their front door while enroute to their Duty Station and vice versa if they do not stop to attend to any other business. Volunteer Reimbursements The minimum requirements for the Sheriff ' s Reserve Unit include attendance at nine of the twelve monthly meetings plus 120 hours of details during the year. Reserves meeting these minimum requirements are eligible for the annual Uniform and Meal allowance. This allowance is $150.00 for level 1 and 2 Reserves and members of the Search & Rescue Unit, and $75 .00 for Level 4 Marine Patrol and Uniformed Radio Reserves. Demands for allowance are submitted in November and paid in February. Personal Information Reserves are required to notify the Reserve Lieutenant of any change of address or change in home or work telephone'. Transfers All ,requests for transfer will be submitted in writing to the Coordinator of Volunteer Services through the Reserve chain of command. Both the current and new station Reserve Lieutenants will submit recommendations as well as the Reserve Captain (both 'Captains if more than one is involved) . Loitering Reserves sha .l not loiter in cafes , bars, drive- ins, service stations, or other public places while on duty. Reserves shall not loiter in the work stations whether on or off 3 duty. Reserves shall not enter places of amusement in uniform except in the line of duty, nor shall they display their uniform except while on duty. Injury Reports All on-duty injuries to Reserves will be documented on the standard injury farms (AK-30) by the Regular Sergeant', at the time of the injury. A copy of the report is to be forwarded to the Coordinator of Volunteer services within three working days. Reserves who miss time at their regular job due to an injury incurred while performing their Reserve duties are eligible for Workers ' s Compensation Benefits. Leaves of Absence Requests for leaves of absence shall be directed in writing to the Coordinator of Volunteer Services through the Reserve chain of command. The request shall include the reason for the leave. Medical leaves and military leaves will be granted upon request. General leaves may be granted to a maximum of ninety days. All leaves are to have a specific ending date. All County issued equipment, including badge and identification card will be turned in to the Coordinator prior to any leave greater than thirty days. Use of Counter Vehicles No Reserve will drive a Sheriff' s Department vehicle without prior approval of the on-duty Regular Sergeant or the Coordinator of Volunteer Services. Reserves working a two-man car with a Regular may drive with the permission of the Regular Deputy. Badges The badge worn by all Reserve Deputies is silver with a gold state seal in the center. Special units may have a gold seal in the center that is illustrative of their unit. 4 Reserves are not authorized to carry a gold badge at any time. Reserves assigned to contract cities will wear the badge designated by the police manager. Reserves are not authorized to display their badge off duty. Reserve Ins gnia One service star may be worn on the left sleeve of the jacket or shirt for each five years of service as a Contra Costa County Reserve Peace Officer. Silver stars will be warn on the ,jacket and cloth stars will be worn on long sleeve shirts. Stars will be worn in accordance with Department Uniform Policy. Rank Insignia will be worn only at ceremonial. functions. Reserve Captains will wear two silver bars, Lieutenants one salver bar, and Sergeants will wear silver chevrons on the collar. Weapons Reserve Deputies will conform to Department regulations regarding on-duty weapons. Off-w ty WeaL>ons Reserves are not authorized to carry a weapon off duty without a valid concealed weapon permit. 18 - 21 Year Old Reserves All 18 to 21 year old Reserve deputies will be assigned to the Detention Division. One year of satisfactory service in Detention combined with a satisfactory evaluation by the Coordinator of Volunteer Services may allow a Reserve under the age of 21 to work additional details in Patrol. Failure to complete the two required monthly details in Detention would automatically revoke this privilege. Reserves under 21 years of age may work special details in full leather when authorized by the Coordinator of Volunteer Services . Reserves , upon turning 21 years of age, may request a', transfer to Patrol. 5 Qualifications Reserves will qualify annually in CPR, First Aid, and Firearms. Failure to qualify will result in reassignment to office work until re-qualified. Field Training All Level 2 Reserves are in field training for the entire time they hold the status of Level 2. This policy is mandated by POST. Level 2 Reserves will ensure that the Regular Deputy completes a Daily Observation Report and submits it to the Coordinator of `volunteer Services for each Patrol detail worked. The Daily Observation. Report is not required for special details. Reserves completing the field training manual and 200 hours of field training become eligible for the Level 1 written exam. Satisfactory completion of the written exam and a successful interview with the Coordinator of Volunteer Services qualifies the Reserve for Level 1 status. Correction of Problems Handling problems involving deviation from policy on issues such as meeting attendance, detail scheduling and working, submitting paperwork, etc. , will be done as fellows: The Reserve Sergeant will counsel the Reserve and explain why the particular action or lace of action is a problem. This discussion will include a plan for correcting the problem and a date by which to accomplish this. The Sergeant will document this discussion on a Write-It-Don' t-Say-It. One copy is given to the Reserve and the Sergeant will keep the remaining copses. A second occurrence of a similar problem in a six month period will be handled by the Reserve Lieutenant. The same type of positive discussion is to be held with the Reserve on' a one-to- one basis. The problem is to be examined and the reason for its reoccurrence. Once again, a plan to correct the problem is to be devised with a date for implementation. The Lieutenant will document this meeting on a WIDSI . One copy will be given to the Reserve. The Lieutenant will submit a copy of this WILSI and the first WLS'I to the Reserve Captain. A third occurrence of a similar problem in a one year period will be handled by the Reserve Captain. The captain will meet with the Reserve on a one-to-one basis. They will discuss the problem in depth and particularly why it continues to happen. A solution S is to be negotiated with a date for accomplishment. The Captain will document this meeting in a memorandum to the Coordinator of Volunteer Services and attach copies of both previousWIDSI' s. The fourth occurrence of a similar problem in an 18 month period will be handled by the Coordinator of Volunteer Services. Separation From Service Persons may be separated from the Sheriff ' s Reserve under any of the following circumstances: Resignation. Dismissal for violation of regulations. Dismissal for the good of the service. other reasons as may be determined by the Sheriff . Retirement A member will be eligible for retirement (without monetary compensation) upon. Completion of 15 years of honorable service. Reaching 60 years of age. The discretion of the Sheriff. The retired member' s badge will have a retired ribbonattached to it and will be issued a retirement identification card. Reserves that complete 20 years of service will be issued a gold retirement badge. Reserve Rank Structure Each of the three major Reserve Divisions will be commanded by a Reserve Captain. Each work station will be administered by a Reserve "Lieutenant. Each work station will also have' a Reserve Sergeant to handle day to day line operations. Openings in the rank structure are announced in the Reserve Newsletter. Applications can be submitted to the Coordinator of Volunteer Services through the Reserve chain of command. The Selection Committee will include the Patrol Division Commander or designee, the Central Station Commander or designee, 7 and the Coordinator of Volunteer Services. Input will be soli Making a monthly statistics report to the Coordinator of Volunteer Services, through the Reserve Captain. ' Handling personnel problems as outlined in this manual. Attending staff meetings. Completing two details per month and attending the general meeting. Reserve Captain The Reserve Captain is the commander of the Reserve Division. The Captain is responsible for all Reserve Details and will supervise any detail at which he/she is present unless there is a previously designated officer in charge. ether duties include: Serving as weekend duty officer as needed. Ensuring that no Reserve work outside of classification with respect to Level 1, Level 2, and Level 4. Ensuring that the Reserve Lieutenants are maintaining the logs at each work station and that all information is current. Reading and initialing all forms that pass to the Coordinator of Volunteer Services through the chain of command. Handling personnel problems as outlined in this manual.. Attending staff meetings. Completing one detail per month and staff work as assigned by the Coordinator of Volunteer Services. Attending the general meeting. 9 I PROOF OF SERVICE BY MAIL - CCP SECTION 1013a, 2015.5 2 1 am a citizen of the United States and employed in the County of Sacramento. I am over the age of 18 years of age of eighteen years and not a party to the within action; my business 3 address is 555 University Avenue,#284-west, Sacramento, CA 95825. 4 On the date listed below, I served the following document: 5 NOTICE OF CLAIM,LETTER ATTACHMENT Proof of Service 6 on the parties in said action, by placing a true copy which was produced on paper enclosed in a 7 sealed envelope addressed as follows: 8 (By Mail) : I caused such envelope(s)with postage thereon fully prepaid, to be 9 placed in the United States Mail at Sacramento, California, for delivery to: 10 X (By Federal Express) : I caused such envelope(s), fully prepaid, to be sent 11 via overnight mail by __Overnight delivery to the Clerk of the Board of Supervisors. CountyAAdmin. Bldg., Room #106, 651 Pine Street. Martinez, CA 12 94553. 13 (By Personal Service) : I caused such envelope(s) to be delivered by hand to the offices of the addressee(s). 14 15 (By FAX.)Telecopier: I personally sent to at fax number , a true copy of the above-described document. I verified 16 transmission and called the addressee(s) and verified receipt. 'Thereafter, I placed a true copy in a sealed envelope with the first class postage affixed and mailed as 17 follows: 18 19 1 certify under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 Executed on November 1, 1999, in Sacramento, California. f 2223 a MICHA ARJ�IEY, ESQ. 24 L' 25 26 I 27 i 28 cmw 'mC wm_ m CL CL - w N L1ata tj oa tiy' iy.�q g- ,. , f o tF + .. �- ��, l� Imo. i= t'D N R Iie_- J ,, IN P-3 ", f is + w if tiruon C36 ' W „ w cx2k 1 If j rr� ru A �. } ru -Cn ft.,> + k C3 "F! IrLIF c � Y�_I p i Y4fill f I fit flit! r Fiat 04 + , i i? r'» n �- E , fie i } 00 ca iia a f y Y 1 LAW OFFICE OF 4 iWARD ` ` z:?VISORS MICHAEL J. FARLEY NIRA c " £8"0- 555 University Avenue,4284-West (916)920-8576 Sacramento, California 95825 FAX(916)9207951 October 24, 1999 Via Federal Express Tracking'#. 813457525320 Clerk of the Board of Supervisors County Admin. Bldg., Room 106 651 Pine Street Martinez, CA 94553 Re. Gallagher,Dennis Dear Sir or Madam: Enclosed please find a Notice of Claim,Letter Attachment and Proof of Service in connection with a claim by Dennis F. Gallagher. Kindly sign and return in the self-addressed envelope the Acknowledgment of Receipt form included with this overnight delivery. If you have any questions, please do not hesitate to call. Thank you for your assistance. Sincerely yours, e MICHAEL Y.. FAR" Y MJF:\\\ callagher\board01.tr LAW OFFICE OF MICHAEL J. FARLEY 555 University Avenue,#284-West (916) 920-8576 Sacramento, California 95825 FAX (916) 920-7951 ACKNOWLEDGMENT OF RECEIPT 1, , on behalf of the Clerk of the Board of Supervisors, County of Contra Costa, acknowledge receipt of a Notice of Claim, Letter Attachment and Proof of Service in connection with a claim by Bennis F. Gallagher, on DATE Name (Please Print) Signature i f 1" CLAM BQARIJ OT SU E>?nSOR.5 QE CONTRA MSTA COLhM', CALMONIA IMMO AC17Dftt D es 7, 1999 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references we to The copy of ttss document mailed to you is your California Governrnent Codes. f notice of the action taken on your claim by tt* _ r Board of Supervisors. (Paragraph 1V belovA, liven < � Pursuant to Govemmnt Code Section 913 and r. z: 815.4. Plum note all "Warnings". in AMOUNT: $100,000,000.00 -5. r ,.. ::. CLAIMANT: Renwick Gibbs ATTORNEY: DATE RECEIVED: October 25, 1999 ADDRESS: c/o Martinez Detention Facility BY DEI.IWRY TO CLARK ON: October 25, 199 901 Court Street October 23, 1999 Martinez CA 94553 BY MAIL POSTMAR ,D: B Mod, Rm. 34 L FROM: Clerk of the Board of Supervisors 7a County Counsel Attached is a copy of the above-:noted claim. October 26 1999 PHIL BA R, Cler Dated. By: Deputy . II. FR0" , .County Counsel T�? Clerk of the Board of Supervis rs ( 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: Ali Dated• By I2ePuty County Counsel tj ECL FROM Clerk of the Board 701 unty Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 9113). IV. BOARD 0RD13b By unanimous vote of the Supervisors present: This Claim is rejected in full. Ckher: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. bated-tC621&& '``1 PWL BATCIiELAR, Clerk, By —9v, L&jk,�� ptrty Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) mouths from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do to mediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF M ARVG 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 fu11N 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 ,w T ] ti L Y # ty.'d L G f k {. i ,> `•:.:;yt ;r... ,,, 3,,,: � .41 r f+ } �Y i ✓ `{ S :+••iv � 45+v�"'v l '�+v:YY"} '� �j G :; /} 4 r S'�:.. ?. i .,::•] Twxfi{ v..rJ{' ...� { '�\4'' :n.^.... `�v,-..;•e' ]t Sh S �.� f srmF< . i y 4 � S G n • : { z$ i , `S�. •. v:{. } f 'sem,,`..}� � 1 � r } $ G .. ... 1Y } C _ } { ' 1 a {' _ yr..a.:aa.:+.xa:v�;..n+,xmc � 'a../fi<•}�:+awnr n•s,.�., �. , .. r...r :s g \•{rr o•S t<5:{: '$�?' { � .. { ,.a. •� $ � k{.: '/t :'.. •,.. �:' � tf $ )•err '{ { ? { 2 c g t` '•,,' ,.� i { .{.,,, ��^F E } � 5 ,yds .. � w. S ter?" ;,,xcz,�. s3 zz n i ,aj e ___. _. s.,,�d.••:., �. .::is z:.. :a' 1 ,� � r ^r y•^'{� S ', �` s `.'+,yyY:' 'n c r.:.` 3 � i � S�-f £'.:.: t{ yt�w:� F } �3 �j' Ce) su+ y iC i f y r t o -09d0:{,AM'v`aCM3f'i4:M:i.'ry'vE. �l?:+.SG.+•af•'••/!v'N�l::::.. .. 1aYr+@Y.ta:::i F f , y(fj S • { C ,.� `"� ^:"'°'�� .`i•:a. :t,,.;, � s.k; w a: �`s r '�; #�sar�y�£.,,• E .,' .. v:• ., .s s r- , v. CLAIM ' BOARD OF. LTERNISORS QPMMA MSTA C012" . CAL'[EO N'fiA AED AMDUt LECHER 7, 1999 Claim Against the County, or Dstrict Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT Wd Board Action. All Section referes are to } The cPy of this 'tler,wwt trailed to you is your Wforrsa Government Codes. } ,notice of the action taken on your daim by the Board of Supervisors. (Paragraph IV beloo, given `, pursuant to Government Code Section 913 and 4 015.4. tib we all "Warnings". OvT 26 .IM AMOUNT: $100,000,000.00 Cc U N*rY COs NE -,Z'. MARTINEZ CALIF, C -AIMANT: Renwick Gibbs ATTORNEY: DATE RECEIVED: October25, 1999 ADDRESS: c/o Martinez Detention Facility BY DELTVERY TO CLERK ON: October 25, 199 901 Court Street October 23, 1999 Martinez CA 94553 BY MAIL POSIN ARKED: D Mod, Rm. 34 L FR©WL Clerk of the Board of Supervisors TCD:' County Counsel Attached is a'copy of the above-noted claire. Dated: October 25, 1999 ]PHIL BATCgM0& Cler IL FRONL .County Counsel M Clerk of the Board of Supervis rs { This claim complies substantially with Sections 910 and 924.2. ( ) This claim FAILS to comply substantially with Sections 914 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 A±LpDeputy County Counsel III. PRM- Clerk of the Board Wk unty Counsel (l) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV. BOARD ORDEL- By unanimous vote of the Supervisors present: I 7-4L This Claim is rejected in full. Other: I certify that this is a true and correct +raspy of the Board's Corder enitersd in its minutes for this date. DatedIA6em,&? ` l d?....PHIL BATCHELBR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this Mice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 94S.6. You may seek the advice of an attorney of your choice in connection with this matter. 1f you want to consult an attorney, you should do to immediately. "For Additional Warning Sae Reverse Side of This Notice. AMAVIT 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 full; 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 .... ,_ Deputy Clerk ... _ CLAIM BOARD OF SUPFR13S RS OF MMA CQSTA MiMM CAUEMSTA RDARD ©M December 7, 1999 Claim Against ft County, or District Governed by j NOTICE TO CLAIMANT Board of Supervisors, Routing Endorsements, f aid Board Action,. All Section references are to The copy of this docurnemt rneiled to you is your California Goverwern Codes. } notice of the action taken on your Bairn by the 77r,7-11, Board of Supervisors. (Paragraph IV below?, liven �- `? °:? p�rscant to Goverment Code Section 913 and 915.4. Flame rote all 'Warnings". AMOLTN7: None Stated C�'.;iWY CGiCdS�� MART 1NEZ 6ZIP. CLAIMAN 7. Renwick Gibbs ATTORNEY: DATE RECEVED: October 25, 1999 ADDRESS: c/o Martinez Detention FacilitAY DELIMY TO CLM ON: October 25, 1999 901 Court Street October 23, 1999 Martinez CA 94553 BY MAIL POST1a1ARM: B Mod, him 34 L FROM: Clerk of the Board of Supervisors 7XX County Counsel Attached is a copy of the above-noted claim. O1999 PHIL B R, Cle k Dated: October 2b, $y: Deputy — IL FROhf County Counsel TO. Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( This claim FA1LS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 1$ 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: Elated: &'(fZ6�A" 2a le��l A/Z County Counsel III, PROK— Clerk of the Boardunty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely wi notice to claimant (Section 911.3). TV. BOARD ORDIX By Unanimouus 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. Datod:'t tcy! 7, 161-9 PML BATCI R. Clerk, By Deputy Clerk WARNrNC (Gov. code section 13) Subject to certain exceptions, you have only six (b) months from the date this notice was personally served or depositec in the mail to file a court action on this claim. See +Government Code Section 94$.6. You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney, you should do to immediately. "For Additional Warning, See Reverse Side of this Notice. �AVI`I' OF MAILING I declare under penalty of perjury that I am novo, and at all tithes 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 Muting; California, postage full. prepaid a certified copy of this Board Order and Notice to Claitnartt, addressed to the claimant as shown above. hated:L t Ig1l1 By: P141L BATCHELOR, By v Deputy Clerk CC: C unry Counsel County Administrator CLAIM BOARD OF SUPER ISQMQF C'Q'�"T_1�A,COSTA CQ Tri'ZYAE0R.'`# ,IIARD A00 DECEMBER 7, 1999 Crim Against the Cm inty, or District. Governed by the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action All Section referenus are to The copy of ttiis docunrnt mailed to you is Your California Goverment Codes. notice of the action taken an your daim by the » 'r Board of &4*rvisors. (Paragraph !V below}, liven pprrnnsuant to Governrnent Code Section 913 and Phase rote all `Warnings". AMOUNT: $10,000,000.00 � t &RT{1 iEZ C,�;.tF, CI.41MAN T: Renwick Gibbs ATTORNEY: DATE RECEi'VEi3: October '25, 1999 ADDRESS: c/o Martinez Detention Facil.ityBY DELATRY TO CLERK ON: October 25, 1999 901 Court Street October 23, 1999 Martinez CA 94553 BY MAIL STM : BMCD Rm 34 Y DROOL Clerk of the Board of Supervisors 7 County Counsel Attached is a copy of the above-noted claim. PHIL BAIi, Cler Bated: October 26, 1999 By: Deputy IL FRONL County Counsel TO. Clerk of the Board of Superviso This claim complies substantially with Sections 910 and 914.2. ( ) This claim FAILS to xomply substantially with Sections 910 and 9101.2. and we are so notifying claimant. The Board cannot act for 15 days (Section 910.0. ( ) Claim is not timely filed. The Clerk should return claim on ground that it was Fled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Bated: a4----Deputy County Counsel EL FROM, Clerk of the Board 4Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 9113). IV. $C)ARB SER: By unanimous vote of the Supervisors present: Ibis Claim is rejected in full. Ckber: I certify that this is a true and correct copy of the Board's Order entemd in its minutes for this date. Elated: PC&rn 2, 7. dql PmLsATcmwR, Clerk, By Deputy Clerk WARMNG (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 grail to file a court action on this claire. tree Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do to immediately. "For Additional Warning, Sae Reverse Side of This Notice. AFMAVI'T OF MAWG I declare tender penalty of perjury that I am now, and at all times harein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in 1 rtinez, California, postage full; prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Ihttd: 'By: PHIL BATCIELt7RBDeputy Clerk cc: County Counsel County Administmior CLArY1 wI= ACTIGI December 7, 1999 ClaimAgainst the CoEmty, or District Governed by the Beard of Supervisors, Routing Endorsennts, 1 NOVICE TO CLAIMANT and Board Action. All Section references are to The copy of tNs d cuna.mt mailed to you is your California Government Cogs. I notice of the action taken on your daim by the Burd of Supervisors. {Paragraph IV belov4, liven bscant to Governunt Code Section 913 and 15.4. Please note all Wrings". AMOUNT. None Stated CLAIMANT: Renwick ebbs ATTCIRNEY: DALE RECEIVED: October 25, 1999 ADDRESS: c/o Martinez Detention Facilit}BY DELIVERY TO CLERK ON: October 25, 1999 901 Court Street October 23, 1999 Martinez CA 94553 BY MAIL POSTMARJMD: B Mod, Rrn 34 L FROM: Clerk of the Board of Supervisors 7I3: County Counsel Attached is a copy of the above-noted claim. October 26 1999 PWL BA R, Cl Dated. � By: Deputy - -� IL FROM: County Counsel TC►: 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 1$ days (Section 910.8). { ) Claire is not timely filed. The Clerk should return claim on ground that it was filed late and wend warning of claimant's right to apply for Leave to present a late claim (Section 911.3). ) Other: i Dated: County Counsel I;IL FROM: Clerk of the Boardunty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely wi stotice to claimant(Section 91.13). TV. BOARD C# t t» By unanimous vote of the Supervisors present: Ibis 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)ated;�, PHIL BATCHELOR. Clerk, By Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the ;trail 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 fide of This Notice. DAVIT OF MAIL11riG 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 full, prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:1Y, LI jBy: PHIL BATCHELOR By gQL ;�'�,.�Irkpury Clerk CC. county Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemmmation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be 'filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. z - r a`' r �• •id aae' s { x X N ffs F ,tom' 7 ::' , .y _.._._ ..___....._ ...._..... .__... v Ser --'. .<. .._ a•.{. ..._.......,....::w,.f.-._.....::. _. ...... '� ......._ N f rY _._...._ __.... _.__..__ _ ., .__ : ,�.:..:.. :.:_ .. / r. { :�' a s•. ..l t "wb` °" r • a ......._- �` s '�9 +Y...... ry`S 4 b pp .. .._... ._._.__._.....-.__.... __............... ...... .,:: .:.. .. .. r .. .>,,,, . r` aat`• a a Sr ..._.. .._. { :• ..:: a r q l v � f .................. ......_-.-.. ... N.: C f k k i .,wY�I '�{:� f �{ orf 3 �,/ } ... r{ .,.... {•' 4 ':.. y.w... vel:. i.+'`.. :... a.{{t w.? 3 ::t ' --------------- „! ... f...`..:... '' 5 t{.:{ tY`ar.{_ s-- ._.. ----.....- ....... ....... .-.4 .. e ._.... ..._. .--..-.. _ •- . :: J A / ..., ...._ J fir.. f rt"� _ xa'.'.. .. .. �f.. -..._._.__ .__.._.._ .... .. 7 rr i{a• rd ... �rf .. r,</t'q•'j / e j 3Gr� 'ref„ ip r �- F .3' E ..x+ ........__ ._.-... a � gyp 9 ``ca-'^°• N ..... -...._.. �... _ij :::tivw .: ...,:i ..ys�+•SRry:ff .... ..{.. { `a •tad sh'}i7 •^'{?A ........ �r 6�b �+}ss., k ,f;' vd'�•o” „ ti-pF•y. s•' $^^^ f' w. f /�,.;f.r' ,r" 5, f { h. x3u.; r^`fi r. {a ,,,no.{s# a+-:.r• 'x'f .;:: „�`' 'cr{ k _._....... . ' r r, r s • :` w` r k.. s?t £�' yyrfzr'.ate . _....-..-__ _.....-..-._ .:.:... ... .. ..::..... x5 4. ��✓ .�a� .'� -::'Kalr �"x`e gi as a.;, •r��;=''' c .r. p e. a { � ayR a ¢S ... -_ .... o {y �'`, 'ar ell / .fir,1` 3�-. -' 11� ^` �r s sa y ?-- .. ..__.__. ...-_.... .. ..... y<> .....: .C:.. 4 _._ ..... -. ... < .. OCT v ��° � :. 3�€ �.•� 1-4 v c c r ......: ....... .. %4.�:: ... pp S j ...... ---... ... .................... J{ 3 �s .. _.. _........ f , �a ` $ 1 .: : :: :' i r .. .... ....... ... ........ ..... Ik Zvi .af ... r' a, fig • : .x - ......... -. ... ._. ii sF ....................... v f n h .� .. k :.:.......... { .. .... ........ .. ....Z { 3. .... - .. t w} f' .... .......... f f -. f 5- tw 4!F,} 5 •f`' . Y� ..........._.__.... iz 4:1 ..........t. { } { '"j . {. k F` F ? 'c':ttrXs ............ tR }4 : ...... w f 4 f } �.. - .....+.vx N :•.90N„�M,fYvxi. M1 :LvANA4n�0•+Y4: A.vf�' }{:Y S{ 5 y .l {--} { .:.:+ .� •e} ,-: .. } {- .. i. .............................. 8 ii 'l N is :i W f� v ... ; ... ri tI Q I �� �/ f.r cr) �''M'resmooe�.'..- .++,.,�+r"r`t` »."`."`• Cool Cz t ifi; CLA I jaoARD of suPERmogs OF CY.?MA COSTA CO[Th''T s CA :I Q MA BOAR DECEMBER 7,_1999 " Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT anti Beard Action. ILII Section referents are to The any of this document trailed to you is your California Goverm7ent Codes. notice of the action taken on your claim by the Board of &Mrvisors. (Paragraph Iv belov4, liven r` pursuant to Government Code Section 913 and 815.4. Phase rate all "Warnings". AMOUNT: /� i h $10,0U/}V/�,00O•VY2££3fk �Z { k CLAIMANT: Renwick Gibbs ATTORNEY: DATE REt"ETVED: October 25, 1999 ADDRESS: c/o Martinez Detention FacilityBY DIrZX►TRY TO CLERK ON: October 25, 1999 901 Court Street Martinez CA 94553 BY MAIL POSTMARKED: October 23, 1999 BMCD Rm 34 L FROM: Clerk of the Board of Supervisors `xk County Counsel Attached is a copy of the above-noted claim. Dated: October 26, 1999PHIL BATMU44t, Cler t� By: Deputy 'L. Ft. FROM County Counsel M. Clerk of the Board of Supervise This claim complies substantially with Sections 910 and 910.2. ( } This claim PAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ?4 puty County Counsel III. PRO:►�i� Clerk of the Board unty Counsel (1) Casty Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD t EP., By unanimous vote of the Supervisors present: (}C Ibis Claim is rejected in full. ( } Mier: I certify that this is a true and correct ropy of the Board's Order entered in its minutes for this date. Dated: 0*1A PHIL.BATCI.LO& 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. DAVIT OF MAUINUG 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 full) prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. By: PHIL BATCHELOR Deputy Clerk Cc- County Counsel County Ad ministrmtot This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. ............... _ .................... .. . ................................................................................................................................................ _. ............._............................................................. ............... __ __ ......... _.... ........................ _................................................................... r .. 3 f d . \. £ _ •{ f is ....... .._.._... r' ! t __-._-_.- _.._..__ _.._.... wpm•.,.... _..._ -.-......... -__.__.. ...__.... .........._ .........._ .. .... _ _.. ----------------------------------- t 5 .....,xeen.xwo�':. t .: , .. : i f i -. _...- .A.> .... ��1. ..._....... ....... ..._. ......................S .:e ....... }} S : ............................................................... # =s _. ......... ._....... ._..._........__... tjj k Ing .:f ............ z ... . _._ ......_..... .__...... ..... F :: « s. jk... (i o:.. _.... ). (K _ F =. : kS. J kin. ! T n: .. /I : .. I R R } > ... ... .. .. .. > f - .:,: - :_ s :. ( E YOU _ . y ,. .. SEP - 2 1999 . :iiPERtt}R C�KA�Li'�ttHA car nt LuuK; . O�T+tr STArr;OFCALIFORN!1 ® COU MOOFFC(fi)'RACOMA ' (knuly Clerk Superior Court of the State of Califorr,ia In and For the County of Contra Costa No. 991171-0 In re Renwick Gibbs, Cr, Habeas Corpus. Decision on Pro. Per. Petition for Writ of Habeas Cornus. (Underlying docket, 981996-2j Petitioner, represented by Linda Fullerton, Esq., is currently mo, ing to set aside his plea in docket 981995-2. The DA has been ordered to file an opposition brief in that matter by Sept. 3 193:` The matter is set for hear"trig ori;dept;.9,..�939; in Dept 21 at 1:39 pm. By this petition for writ of habeas corpus petitioner, in pro. per., claims the state has violated his constitutional richt to a speedy trial. He claims the 3 year statue of limitations passed on 5-20-96. The claim is otherwise unintelligible. Arguably he now raises the same issues as in 9819962, but in any event has not lodged any evidence in support of his claim and therefore the claim must fail. Certainly he has not requested the court take judicial notice of any other docket or court record and the court is not bound to do so on its own. Petitioner also complains that William Veal and Gary Yancey/Dale Miller violated his rights and scared him into pleading in March of 1999. This too appears to arise out of the controversy in 931996-2. l=irtall the Dort is in possession of numerous requests for the appointment of counsel in ocke 9321 a8 932583-0 and 933481-9. The first docket in unintelligible. To the extent either o e` tt'ier requests is intelligible, the court interprets the request as a Marsden request in 981996-2. The court now sets a Marsden hearing in that docket on Sept. 9, 1999 at 1:80 pm in Dept 21. Disposition, Having failed to set forth any facts in support of the instant petition, the court must and now does deny the petition for writ of habeas corpus. Dieted: ,---�itllidhael R. Coleman, Judge of the Superior ;curt cc: Linda Fullerton, Esq. DA (Martin) 981998-2 `j a::. j/31 auglgibbsOx f s S SSP - 2 1999 I THE SUPERIOR COURT OF THE STA'T'E OF CALIJF, Hn'c�c��AuF0RN1A UNTy Or CC7NtRA COSTA PSI AND FOR THE COUNTY OF CONTRA COSTA ecruivC;cr� In re Renwick Gibbs, No. 991171-0 On Habeas Carpus. (Underlying docket 981996-2) C'ER IFI ATE OF MAILING I, the undersigned, certify under penalty of perjury that I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to the within action; that I served the attached Decision on Pro Per Petition for Writ of Habeas Corpus by causing to be placed, a true copy thereof in an envelope addressed to the parties or attorneys for the parties, as shown below, which envelope was then sealed and postage fully prepaid thereon, and thereafter was deposited in the United States Mail at Martinez, California, on date shown below; that there is delivery service by the United States Mail between the place of mailing and the place so addressed. Linda Fulle ion Attorney at Law . 124-A Washington Avenue Pt. Richmond, CA 94801 Darrell Martin Via Inter-office mail Deputy District Attorney I declare under penalty of perjury that the foregoing is true and correct. Executed at Martinez, California on: September 2, 1999 KENT TORRE, CHIEF EXECUTIVE OFFICER BY: B. Kotchevar Court Clerk - .s .. _ 1 Y w � air 4/ g CLAIM BOARD OF SUPEItMMS-CSF MMA COSTA CLQ= CAI:PFORNIA DDARD ACttDECDBtR 7, 1999 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT aid Board Action. Al! Section references are to ) `i'he copy of bels document mailed to you is your California Government Cordes. ) notice of the motion taken on your Bairn by the Board of Supervisors. (Paragraph IV belovul, Oven pursuant to Govemmerrt Code Section 913 and 915.4. Please nate ail "Warnings". AMOUNT: Superior Court Jurisdiction CLAIMANT: Howard R. Janes W co, ATMRNEY: Kim R. Clark, Esq. DATE REC13VED: November 14320 Green galley Road November 5, 1999 ADDRESS: Forestville CA 954.36 BY DELIMY TO CLERK ON: BY MAIL POSTMAt)CM: November 4, 1999 I. PROA3: Clerk of the Board of Supervisors TA: County Counsel Attached is a copy of the above-noted claim. November 8 1999 PHIL BA °LOR, Clerk Elated: By: Deputy � IL gROINL- County Counsel Tia: Clerk of the Board of Supervi ors ( is 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). { ) Claire is not timely filed. The Clerk should return claim on ground that it was filled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: B ` � ' y:- Deputy County Counsel IDL FRO14't: Clerk of the Board Wk. County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IVBOARD ORDE L By unanimous vote of the Supervisors present: Tbis 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; C 'd3b& PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov, code section 913) `"` Subject to certain exceptions, you have only six (b) months from the date this notice was personally nerved or deposited in the mail to file a court action on this claims. 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. *Far Additional Warning See Reverse Side of This Notice. AFFIDAVIT t3F HANG I declare under penalty of perjury that I ase 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. DatedZ1P-ad &1-0i iql By: PHIL BATCHELOR By C L' Deputy Clerk Cc. Cowity Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 4 _ ......... ......... ........ ............................................................................................................................ .... ......... 1 Kim R. Clark, Esq., #36317 2 1.4320 green Valley Road Forestville, CA 95436 3 Tel: ( 707} 887-9048 4 Fax: { 707} 887-9061 5 Attorney for Claimant 6 7 8 9 10 11 HOWARD R. JONES, } 12 } EXHIBIT A TO CLAIM AGAINST VS. } CONTRA.COSTA COUNTY 13 } CONTRA COSTA COUNTY } 14 15 } 16 17 Time of Incident: 8:20 a.m.. on 6/25/99 18 Location: Cummings Skyway, 1/3 mile south of Interstate 80 19 Weather: Clear and dry 24 Speed Limit: 55 mph. 2# Description of: Claimant, a 51-year-old, successful computer programmer,was riding 22 Accident his motorcycle from his home in Hercules on his way to a 9:00 a.m. medical appointment at Kaiser Hospital. He turned off Interstate 80 onto 23 Cummings Skyway. One-third mile south of that intersection he 24 overtook a slow-moving street-sweeper. The street-sweeper was owned and operated by Universal Building Service Supply Company of tri Richmond, California, under contract with Contra Costa County to sweep certain public streets and to dump the sweepage into the County- 26 owned "dry fill" disposal site located to the east and immediately 27 adjacent to Cummings Skyway. 28 1 Exhibit A to Claim Against Contra Costa County I As it approached the hidden, unmarked, and unexpected driveway 2 leading to the disposal site, the street-sweeper first swung to the right side of its lane to obtain a better view of oncoming traffic approaching 3 around the left-hand turn, coming down the hill. Claimant mistakenly thought the sweeper had pulled over to the right to give him room to 4 pass. Consequently, claimant started to pass the sweeper on the left just 5 as the sweeper turned left towards the hidden disposal site driveway. Plaintiff collided with the left side of the street'.-sweeper, severely 6 injuring his right knee and lower right leg. 7 Claimant's Injuries: Plaintiff was airlifted to John Muir Hospital where he was admitted and 8 his leg was operated on for the first time. Two',days later e was transferred to Kaiser Hospital where over the next month he underwent 9 seven additional operations. He was discharged by Kaiser on 7/28199. 10 Plaintiff's Claim: In excess of$25,000. Superior court jurisdiction. John Muir Hospital's medical bills total approximately$75,000. 11 12 Liability: The County owned and its employees operated the disposal site, the Skyway,the land in between, the driveway leading from the disposal site 13 onto the Skyway, and the invisible curb cut. The owner/operator of the street-sweeper was under contract with the County to sweep certain 14 County-owned streets and to dump the sweepae into the subject disposal site. The driveway entrance into the freeway is an unmarked 15 hazard—hidden from view of anyone who didn't first know it existed and 16 was looking for it. It should have had warning signs. 17 Witnesses: See California Highway Patrol Accident Report#6-314 18 19 Dated: November 3, 1999 20 Respectfully submitted, 21 OJ 22 /c 23 Kim R. Clark, attorney for claimant 24 25 26 27 28 2 Exhibit A to Claim Against Contra Costa County Claim to: BOARD OF SVPERVISORS OF CONTRA COSTA COUNTY INSTRUC t. _ }MI5 10 CLA�'�4A?�'T A. Claims relating to causes of action for death or for injury to person or to personal property or growing craps and which accrue on or before December 31, 1487, must be presented not later than the 10e flay 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 ether cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 411,2.) B. Claims trust be filed with the Clerk of the Board of Supervisors at its office in Room 146, County Administration.Building, 6-51 Pine Street, Martinez, CA 9455:3. 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, ". See penalty for fraudulent claims, Penal Carie Sec. 72 at the end of this farm. RE; Claim By Reserved for Clerk's filing stamp HOWARD R. JONES LRECEIVED Against the County of Contra Costa or )District) (Pill in name) �. RA nsi The undersigned claimant hereby makes claire against the County of Contra Costa or the above-rained district in the sum of - -- and in support of this claim represents as follows, Over $25,000 -' Superior Court Jurisdiction 1. When did the damage or injury occur? (('rive exact date and hour) 8:20 a.m. on 6/25/99 2. Where did the damage or 'injury occur? (Include city and county) Cummings Skyw-ay, 1/3 mile south of Interstate 80 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attached Exhibit A. 1 4, What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? See attached Exhibit A. S. What are the names of county or district officers, servants, or employees causing the damage or injury's Unknown. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) See attached Exhibit A. 7, How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage) See attached Exhibit A. 8. Names and addresses Of witnesses, doctors, and hospitals. See attached Exhibit A. 9, List the expenditures you made on account of this accident or injury. J)ATE ��XI See attached Exhibit A. Gov. Code Sec. 910.2 provides "The claim must be SEND N4S_`l`Cl: (Atisigned by the claimant or by sonic person on his behalf." T1�`3~ _ t7rn�y Mame and Address of Attorney ) ( A �. Kim R. Clark, Esq. Ry Kim R. Clark his attorney 14320 Green Valley Road � (Claimant's Signature) Forestville, CA 95436 cio Kim R. Clark, Esq. } (Address) } Fax No. : (707) 8879061 } 8 (7t7787-9048 Teleplt+ ne Nc�. )Telephone No. c/o (707) 887-9061 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to an),state board or officer,or to any count}, city,or district board or officer,authoriird to allow or pay the same irgenuine,any false or fraudulent claini,bill, account, voucher,or'w'riting, is punishablC either by imprisonmcnt in the county jail for a period of not more tfart one year, by a fine of not exceeding one thousand($1,000),or by both such imprisonrnerit and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(S 10,000),or by both such imprisonment and finc, . CD LO 5t � 'Y2 'L 6. i t 4 ti �(y V•mn 0 CD CD to 1pzz B w � �a y3 i 1 k T CLAD BOA_`ttD OF SIMF;)tMORS OF CsMaR.A COSTA MUM,_CAL,' EORNIA BOARD DECE ER 71'' 1999 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT end Board Aeon. All Section references are to ) The copy of this domnent mailed to you is your California Government Codes. 1 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belovO, liven _ pursuant to Goverrrnent Code Section 913 and 915.4. Please name all "Warnings". AMOUNT: In Excess of $10,000.00 {O, r.., CLAIMANT: Haydee Leach ATTORNEY: c/o Michael D. Goforth DATE RECEIVED: October 25, 1999 Law Offices of Goforth & Lucas October 25, 1999 ADDRESS: One Concord Centre BY D1 CRY TO CLERK ON. 2300 Clayton Road, Suite 1460 Hand-Delivered Concord CA 94520 $Y MAIL � : L PRC►M Clerk of the Board of Supervisors TD: County Counsel Attached is a copy of the above-noted claim. PML BA LOR, Cler Dated: October 25. 999 By: Deputy - - Il. FRONL County Counsel 'IU Clerk of the Board of Supervisors ( This claim complies substantially with Sections 914 and 914.2. Z ) This claim FAILS to comply substantially with Sections 914 and 910.2, and we are so Notifying claimant. The Board cannot act for 15 days (Section 914.8). { ) 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: .ri Dated: - .__ $y. ' w?n : �, �, � .. ..� Pmy County Counsel El PROft Clerk of the Board 70. County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Swdon 911.3). TV. DOA.BD ORDER.- By unanimous vote of the Supervisors present: This Claim is rejected in frill. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Ikrt � 1 PML BAT'CHELO& 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 chatter. If you want to consult an attorney, you should do to immediately. *For Additional Warning See Reverse Side of This Notice. AFMA'VIT OF MARMG 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: Courcy Come County Adtninistmtor SHARON HYMES-OEEORO LAW OFFICES OCT 2 11999 GOFORTH & LUCAS A LAW PARTNERSHIP ONE CONCORD CENTRE MICHAEL D. GOFORTH 2300 CLAYTON ROAD, SU17E 1 460 CHRISTOPHER R. LUCAS CONCORD, CALIFORNIA 94520-2 143 FACSIMILE(925) 682-2353 TELEPHONE(925) 682-9500 e-Maii:gllaw(9value.net REFER TO FILE NO; October 19, 1999 9 -117 Sharon Hymes-Offord I. 4.: LIABILITY CLAIMS ADJUSTER 2530 Arnold Drive, Suite 140 Martinez, CA 94553 Re: Our Client Haydee Leach Your Insured CONTRA COSTA COUNTY Date of Accident: 08-03-99 Claim No. 42858 Dear Ms . Hymes-Offord: Enclosed please find a copy of the claim filed against Contra Costa County. Should you have any questions please do not hesitate to contact our office . Sicncerely, W OFFICES OF GOFORTH & LUCAS MARGAkITA M. ARROYO Legal Assistant LOGL:ma enclosure SHARON! HYMES_Or FORD Z 5 1999 ' I ) I CLAIM AGAINST THE COUNTY OF CONTRA COSTA To: The clerk of the Board of Supervisors of the County of 3 Contra Costa Pursuant to Section 810 of the government Code, claim is 5 presented to the county of Contra Costa. 6 (a) The name, mailing address and phone number of the claimant: 11 Haydee Leach c/o Law Offices of G©FORTH & LUCAS, 2300 B� Clayton Road, Suite 1460, Concord, CA 94520 4 (b) The date, place, time, location and other 101circumstances or transaction which gave rise to the claim 11 1 asserted: € E Date : 8/03/99 Time : 1 : 00 p.m. Place : Public 0 12ESidewalk area, appurtenant to building located at 4545 Delta Urn 13 iFair Blvd. T. L � cx Circumstances : U. ❑ < 0 1 3 0 0 � 3: E-+ c o 6 15 Count One: Negligence: The defendants County of 1 0 16 Contra Costa negligently managed, maintained, and operated the Z above described premises to wit : Allowed said sidewalk area to 1 � ° 17 fall into a state of disrepair where numerous brick tiles were missing from said sidewalk creating a hazard. I 18 Count Two: Willfull Failure to Warn (Civil Code 19 Section 846) : The County willfully and maliciously failed to 1 guard or warn claimant against said dangerous condition. As a 20 result of the County` s failure to warn claimant 2l against said dangerous condition, claimant sustained the below- 1 outlined,proximate injuries . 22 Count Three: Dangerous Condition of Public Property: 23� The defendant, County of Contra Costa, a public entity, had actual and constructive notice of said dangerous condition and 24 sufficient time prior to the injury to have corrected it . As a 25 proximate result of the County' s failure to warn or correct said dangerous condition, claimant sustained the below-outlined 26 injuries . i 27 28 E 1 € (c) Nature of claimant' s injuries: I 2 Claimant sustained acute traumatic ankle sprain with 3 Achilles tendon rupture . 4 (d) Location of Incident: Sidewalk appurtenant 5 to property located at : 4545 Delta Fair Blvd, Antioch, CA 94509 . 6 i (g) A general description of the indebtedness, 71 obligation, injury, damage or loss incurred so far as it may be 8 known at the time of presentation of the claims 3 9 Claimant sustained bodily injuries and incurred loss ' of wages as a result of the incident which is described in 10 Section(b) . 11 (h) The amount claimed as of the date of presentation of the claim, including the estimated amount of any ati 12 prospective injury, damage, or loss, insofar as it may be known WW 13 at the time of the presentation of the claim, together with the W � c basis of computation of the amount claimed: L) 00X 14 x cr 1 . Kaiser Permanente (Antioch) . . . . $ pending E-- oo ,< 15 2 . Future medical care . . . . . . . . $ unknown zqo 16 3 . Wage loss . . . . . . . . . . . . . $ unknown 4 . Future wage loss . . . . . . . unknown t� oOZ g $ 0 ° 17i 5 . General damges. . . . . . . . . . $25, 000 . 00 18 Total. . $25, 000 .00+ 19 I declare under penalty of perjury that the foregoing I true and correct . 20 21 Executed at Concord, California, on OctobeR 19, 1999 . 22 Gof Lucas 23 241 IC D. GOFORTH, 251 orney for claimant HAYDEE LEACH 26 27 28 I i 2 CERTIFICATE OF SERVICE BYLE&IL i 3 The undersigned, at Concord, California, certifies to be Q rue, under the laws of the state of California, under penalty of i 5 erjury as follows : That she is a citizen of the United States, 6 s employed in Contra Costa County, California, is over the age f eighteen (18) years and is not a party to this action or $ proceeding. 9 That her business address is Goforth & Lucas, One Concord 10 entre, 2300 Clayton Road, Suite 1460, Concord, California 94520; 11 elephone number being (925) 682--9500 . That she served a copy of ° Y' 12 he attached: CLAIM AGAINST CONTRA COSTA COUNTY � 13 by placing said copy sealed in an envelope addressed as ri 14 allows : 0 E-+ u< 1 i sk Management o 51 Pine Street 11`h Floor i LU 0 0 16 qartinez, California 94553 Q 8o N " 17 ith postage thereon fully prepaid, and thereafter was deposited I 1$ in the United State mail at Concord, California, County of Contra i e 19 2osta. That there is delivery service by United States mail i i 20 etween the place of mailing and the place so addressed. That he i 21 date of deposit in the mail and the date of execution of this 22 ertificate was October 19, 1999 . 23 ' By Margdrita M. Arroy'9 i 24 i 251 i 2Gi� 27 2811 f _ i w i CLAIM AGAINST THE COUNTY OF CONTRA COSTA To : The clerk of the Beard of Supervisors of the County of 3Contra Costa Pursuant to Section 810 of the government Code, claim is 51presented to the county of Contra Costa. 61 (a) The name, mailing address and phone number of the claimant: 1 8Haydee Leach c/o Law Offices of GOFORTH & LUCAS, 2300 1Clayton Road, Suite 1.460, Concord, CA 94520 9 (b) The date, place, time, location and ether 10 circumstances or transaction which gave rise to the claim asserted: 11 Date : 8/03/99 Time : 1. : 00 p.m. Place: Public 12Date : area, appurtenant to building located at 4545 Delta i Fair Blvd. m w vii W 14 i Circumstances : o 0 Z 15 Count One : Negligence: The defendants County of p off ° 16 Contra Costa negligently managed, maintained, and operated the " U above described premises to wit : Allowed said sidewalk area to m ° 17 fall into a state of disrepair where numerous brick tiles were missing from said sidewalk creating a hazard. 181 Count Two: Willfull Failure to Warn ('Civil Cade 19 Section 846) : The County willfully and maliciously failed to ' guard or warn claimant against said dangerous condition. As a 20 proximate result of the County' s failure .to warn claimant against said dangerous condition, claimant sustained the below® 21 i outlined injuries . 22 I j I Count Three : Dangerous Condition of Public Pro erty• 23E The defendant, County of Contra Costa, a public entity, had actual and constructive notice of said dangerouscondition and 24 sufficient time prior to the injury to have corrected it . As a 25 proximate result of the County' s failure to warn or correct said dangerous condition, claimant sustained the below-outlined 261 injuries . 27 28, E e E 1 (c) Nature of claimant' s injuries: 2 Claimant sustained acute traumatic ankle sprain with 3' Achilles tendon rupture . 4 (d) Location of Incident: Sidewalk appurtenant 5 to property located at : 4545 Delta Fair Blvd, Antioch, CA 94509 . 6 (g) A general description of the indebtedness, ! obligation, injury, damage or loss incurred so far as it may be 8 known at the time of presentation of the claim 9 Claimant sustained bodily injuries and incurred loss of wages as a result of the incident which is described in 10 Section (b) . 11 (h) The amount claimed as of the date of I presentation of the claim, including the estimated amount of any (00 12 prospective injury, damage, or loss, insofar as it may be known � UJ13 at the time of the presentation of the claim, together with the 1590 basis of computation of the amount claimed: W r. � cnd u 00M 14 1 . Kaiser Permanente (Antioch) U. o $ pending � oc 15 2 . Future medical care. . . . . . . . $ unknown 3 . Wage loss . . $ unknown_ 44 a L) 2 16:, 4 . Future wage loss . . . . . . . . . $ unknown g ° 17 � S . General damges . . . . . . . . . . $25 , 000 . 00 18 Total. . $25, 000 . 00+ 19 I declare under penalty of perjury that the foregoing I true and correct . 20 21 Executed at Concord, California, on OctobeR 19, 1999 . 22 Gof Lucas 23 24; IC D. GOFORTH, 25 orney for claimant HAYDEE LEACH 26 27 28 i CLAIM t�aRi' OF SIZEERnSORS DE CON.-IRA COSTA aL"MTN'"I'Y, CAI MMMA BOARD- C'1'1[II1l: December 7. 1999 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsernents, ) NOTICE TO CLAIMANT and Board Action. All Section refer es are to N copy of ttis document mailed to you is your California Government Codes. ) notice of the action taken on your claim by tine Board of Supervisors. (Paragraph IV belovA, given " f, pAsuant to Goverrvvent Code Section 913 and 915.4. wase rote ail *Warnings". AMOUNT: Unknown _. ;.12k? >" CLAIMAWT`: fn �����Q Joan Michel-Lehman ATTORNEY: DATE RECEVED: November 15, 1999 ADDRESS: P.O. Bax 248 BY VELI VERY To CLEERX, ON: November 15, 1999 Walnut Creek, CA 94597 BY MAIL POSTMARKED: L FROM: Clerk of the Board of Supervisors County Counsel Attached is a copy of the above-noted claim. PHIL R. Cl Dated: November 15, 1999 By: Deputy et A— IV-,) erve l IL FRO INL 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 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: - ` - f By: C' ' � a.�# puty County Counsel EL FROM: Clerk of the Board 'T'a County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Seecdon 911..3). IV. BOARD GIRDER: By unanimous vote of the Supervisors present: ibis Claim is rejected in full. ( ? Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: t 11 fi l q22 PHIL BATCHELOR, Clerk, BY Q &&L Deputy Clerk "WARMN5 (Gov. code secti n 912) 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. Set Government Cade Section 945.6. You may Meek the advice of an attorney of your choice in connection with this shatter. If you want to consult an attorney, you should do so immediately. "For Additional Warning See Reverse Side of This Notice:. AFFIDAVIT OF MADI+lO I declare under penalty of perjury that I am now, and at all times heroin mentioned, have leen 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 w shown above. Datedl_) C By: PHIL BATCHELOR By �, Deputy Clerk CC: County Counsel County Administrator NOTICE THIS IS A CLAIM FOR.DAMAGES FILED FILLET)ON NOVEMBER. 15, 1999 CAUSED BY CONTRA COSTA EMPLOYEES EMPLOYED IN CONTRA COSTA SMALL CLAIMS DIVISION LOCATED AT MT. DIABLO MUNICIPAL COURT CONCORD, CALIFORNIA ON JUNE 16, 1999 DELIVERED IN PERSON TO: THE GOVERNING-BOARD OF THE SUPERIOR COURT OF CALIFORNIA WHICH REGULATES THE ACTIVITIES AND EMPLOYEES OF THE SMALL CLAIMS COURT LOCATED IN COUNTY OF CONTRA COSTA, MARTINEZ, CALIFORNIA. CIO MR. KEN TORRE -EXECUTIVE OFFICER 725 Court Street P. O. Box 911 REQ Martinez, California 94553-0091 NAME AND ADDRESS OF CLAIMANT: NOV 1 5 f4qq JOAN MICHEL-LEHMAN CL EW BOARDFiS P. O. BOX 248 CONTRACOS AW WALNUT CREEK, CA. 94597 925-274-2574 SEND ALL NOTICES TO CLAIMANT: JOAN MICHEL-LEHMAN P. O. BOX 248 WALNUT CREEK, CA. 94597 DATE, PLACE, CIRCUMSTANCES OF THE OCCURRENCE AND TRANSGRESSION: ON JUNE 16, 1999 AT 2:03 PM A COURT EMPLOYEE WORKING IN .SUPERIOR COURT OF CALIFORNIA SMALL CLAIMS DIVISION, COUNTY OF CONTRA COSTA, LOCATED AT MT. DIABLO MUNICIPAL COURT, 2970 WILLOW PASS ROAD, CONCORD, CALIFORNIA. 94519, DID IN FACT DESCRIBE ME, THE CLAIMANT, INA COMPUTER E-MAIL AS, "....THE CRAZY BLOND LADY". THEN, THE CLERK.PRINTED THE MESSAGE CONTAINING THE SLANDEROUS DESCRIPTION AND PLACED IT IN MY TWO PUBLIC SMALL CLAIMS CASE FILES LABELED#MS 10392 AND#MS 10541, GIVING RISE TO THIS CLAIM FOR DAMAGES AS THE UNACCEPTABLE TRANSGRESSION. NIKOLE HARVEY SLANDERED ME SINCE THIS IS A VICIOUS LIE. HARVEY MADE A PREJUDICED, BIASED STATEMENT THAT IMPLIED THAT 1, APPEARING AS PLAINTIFF IN THE ABOVE-MENTIONED SMALL CLAIMS CASES, WAS UNRELIABLE, NOT TO BE BELIEVED AS A WITNESS OR LITIGANT -NOT PAGE 2 MENTALLY COMPETENT -AND FURTHER, NOT RATIONAL, NOT SANE, NOT LUCID, NOT IN POSSESSION OF MY MENTAL FACILITIES AND SENSES,NOT HAVING SOUNDNESS OF MIND AND THOUGHT. TRANSGRESSION IS THAT HARVEY PRINTED HER INJURIOUS, BIAS OPINION AND PLACED IT IN SMALL CLAIMS FILES #MS10392 AND #MS10541, MAKING IT PUBLIC KNOWLEDGE AND DEFAMED ME TO COURT EMPLOYEES INCLUDING COMMISSIONER HOUGHTON HEARING THE CASES, AND ALL OF THE MANY WITNESSES, ATTORNEYS, PROCESS SERVERS AND WITNESSES FOR DEFENDANT AND CLAIMANT. HARVEY, COMMISSIONER HOUGHTON AND ALL CLERICAL COURT CLERKS DAMAGED ME BY FAILING TO REMOVE THE STATEMENT BEFORE IT BECAME PERMANENT, PUBLIC KNOWLEDGE, PREJUDICING MY SMALL CLAIMS CASES. THE STATEMENT WAS MADE AND FILED WHILE THE CASE WAS BEING HEARD AND DISCUSSED, BEFORE THE CASE WAS CONCLUDED AND NEGATIVE VERDICTS WERE RENDERED ON THE CASES BY COMMISSIONER HOUGHTON ON JULY 1,1999. NAMES OF CONTRA COSTA COUNTY SMALL CLAIMS COURT EMPLOYEES AGAINST WHOM THIS CLAIM IS BEING MADE: NIKOLE HARVEY, COMMISSIONER STEPHEN HOUGHTON, AND ALL OTHER CONCORD SMALL CLAIMS CLERICAL EMPLOYEES WHO HANDLED FILES #MS 10392 AND#MS 10541. LOSS TO CLAIMANT JOAN MICHEL-LEHMAN: INJURY IS TO MY REPUTATION AS CLAIMANT, WHO WAS AT TIME OF INJURY AND REMAINS NOW, MENTALLY COMPETENT, RATIONAL, SANE, LUCID, IN POSSESSION OF MY FACILITIES AND SENSES, HAVING SOUNDNESS OF MIND AND THOUGHT. LOSS OF MY REPUTATION AS A MENTALLY COMPETENT WITNESS OCCURRED WHEN NIKOLE HARVEY COMMUNICATED'TO BARBARA MORSE, COMMISSIONER HOUGHTON, OTHER CLERICAL CLERKS, MY ATTORNEY, WITNESSES AND PROCESS SERVERS, DEFENDANT,DEFENDANT'S ATTORNEY, WITNESSES AND PROCESS SERVERS AS WELL AS OARS IN THE PUBLIC SECTOR THAT I, JOAN MICHEL-LEHMAN, AM- "THE CRAZY LADY" IN THE ABOVE-MENTIONED CASES. I BELIEVE THAT BECAUSE NIKOLE HARVEY WAS UNJUSTIFIABLY PREJUDICED AGAINST ME AND INFLUENCED ALL WHO SAW THE FILES, INCLUDING COMMISSIONER, TO FIND AGAINST ME IN BOTH CASES. ON JULY 1, 1999 HE ACTUALLY DID RULE AGAINST ME,LEAVING ME UNCOMPENSATED FOR MY LOSS OF STATUS AS A COMPETENT WITNESS IN THE MATTERS WHICH BROUGHT ME TO THE COURT. YOUR CONTRA COSTA COUNTY EMPLOYEE DEPRIVED ME OF AN IMPARTIAL, JUST AND FAIR. HEARING WHICH I AM GUARANTEED UNDER THE US CONSTITUTION. ADDITIONAL LOSS OCCURRED WHEN I LOST MY SUIT FOR COMPENSATION PAGE 3 FROM THE DEFENDANT FAWCETT, WHO PREVIOUSLY SEVERELY DAMAGED ME PHYSICALLY, CAUSING ME LOSS OF INCOME AND PERMANENT LOSS OF HEALTH AS WELL AS UNNECESSARY INDEBTEDNESS TO A HOSPITAL AND SEVERAL DOCTORS. I BELIEVE THAT I CAN NOT GET A FAIR, UNBIASED AND IMPARTIAL HEARING EITHER AS A PLAINTIFF OR DEFENDANT, NOW OR IN THE FUTURE, IN ANY COURT IN CONTRA COSTA COUNTY BECAUSE OF THIS ILLEGAL DISPLAY OF BIAS -PREJUDICE -TOWARD ME BY CONCORD, CALIFORNIA SMALL CLAIMS COURT EMPLOYEES. THE AMOUNT CLAIMED IS: A LIMITED CIVIL CASE IN SUPERIOR COURT AND AMOUNT OF CLAIM NOT TO BE DISCLOSED AT THIS TIME IN ACCORDANCE WITH CALIFORNIA STATUTES REGULATING CLAIMS AGAINST PUBLIC ENTITIES. DATE. /� SIGNED. { ' 00-1 CLAIMANT CLAM j-OA lit l2 OF 5 UPERN IS OFtS OF COMA COSTA COUM CA t_MMNi A BUARD AOM B C I 7, >1999 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT wd Board Action. All Section Warm= are to } N copy of thisdocument tailed to you is your California Government Codes. I mice of the action taken on your Maim by the z Board of Supervisors. (paraWaph IV below!, given scant to Govennment Code Section 9)3 and p815.4. Please elate SH `Warnings". r.AMOUNT: $15,000.00 �,rCL 0-MMANT: Jethro W. Miller ATTORNEY: DATE RF..CE[VED. October �6, 1999 ADDRESS: c/o Martinez Detention Facilit} Y DEIr*? RY Td CLERIC ON: October 26, 1999 901 Court Street Martinez Cts 94553 $Y MAIL POSTMARKED. (Legal Mail) L I ROK- Clerk of the Board of Supervisors "lt't} County Counsel Attached is a copy of the above-noted claim. Dated: October 26, 1999 PHIL BA R, Clerk By: Deputy .. IL FROM: County Counsel M Clerk of the Board of Supervise s (,,Xhis claim complies substantially with Sections 910 and 910.2. ( } This claire FAILS to comply substantially with Sections 910 and 910.2, and we are to notifying claimant. The Board cannot act for 1$ days (Section 9111.$). ( ) 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: f ,.��� �� �� .�� Bv ��O 14,6-- �Pb,j",Deputy County Counsel M. IPltOK Clerk of the Board 10: County Counsel (1) County Administrator (2) ( ) Claire was returned as untimely with notice to claimant (Section 911.3). TV. BOARD C1Ot1 EDL- By unanimous vote of the Supervisors present: This Claim is rejected in full. Caber: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: L-01 ML BATCHELOR, Clerk, By %'t A Deputy Clerk WARNTNG (Gov. code section 5113) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited b 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. A.FFIUAVlT OF RAMNG I declare under penalty of perjury that I axe 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 full prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: �h $y: PHIL BATCI FLOP, By 0Deputy Clerk CC: County Gunsti County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. -•- THIS FORM MUST BE KEPT CONFIDENTIAL -- 4[y oe weWr vwTt OUT wrM*Nrw ftwm OW Awrrsz, TILAPH W1 lino J001111 Mon`W ON fRli RNrtv W11 Mtr�w� SUPERIOR COURT OF GALIFORNiA. COUMTY OF ST011Y A�'li WSS 723 Court: Street VAI-44 ADMISS. P. C. lox Sit) .tTY ANo zio(`.00lO Ka r't;i n ez. Ca 94653 @RANCH NAME ft.AtNTIFF or Pf'TiTIONER. t `x DEFENDANT of RESPONDENT q 4 APPLICATION FOR v CAW iau1e1e0 WAIVER OF COURT FEES AND COSTS Yf M I request a court order to that I do not have to pay court fees and costs 1. My address and date of birth are 1specifyl x C s ... a Z. I am receiving financial assistance under one or more of the following programs: a. ISSI end SSP: The Supplements! Security Income and Mate Supplemental Payments Programs `> b. AFDC: The Aid to Families with Dependent Children Program c food Stamps: The Food Stamps Program d. L,_E County Relief, General Relief (G.R.) or General Assistance IG.A.I fif you chocked box 2 above, sign at the bottom of this side and Lit? NOT fill out th#nest of the form.] 3. My gross monthly income is less than the amount shown on the #nformston Shoat on Waiver of Court Fees and Costs available from the clerk's office. IN you chocked box 3 abow, skip 4, compl#to B and 6 on the bock of this form, and sign at th#bottom of this side 1 4. My income is not enough to pay for the common necessaries of life for ms and the people in my family i support and also pay court fines and Costs. 11Y,you chocked this box you must compkrtsi the back of tliis form.) WARNING: %u must kr imodistely tell the court M you become able to pay court fess or coats during this action. for the next three (3) years you may be ordered to appear in court and answer questions about your ablitty to pay court fees or costs. I declare under psnahy of perjury under the laws of the State of California that the foregoing is true and correct. Daze: Z jj f2 rrrPf Or rriPx r SAW tS�Gfi�'uRi J, ,,n*worr4se4r. r+r APPLICATION FOR WAIVER OF COURT FEES AND COSTS .hxtt�s'wlw++t, o Crx�kam,� ti.. ,.r,.r (In Forma Pauperis) :ti;4%vA14T t _ FINANCIAL INFORMATION MY Day Changes considerably from month to month, [if you Cheat this,boir, each of this amounts mportad In B slwwM be your average for the paint 12 months.] "�. MY 'rlolltniy tricome: 3. -MY gross monthly pay is:. . . . . . . , .#- ._a<> ;�.::' d. Other money l get each month is h MY payroll deductions are i'Vectfy tspocrfy soure:a and amount): purpose arra W"ounv: 2► # The�Z-L=:nt of other money is.# 3l (4) `` 1 et. Mtti TOTAL MONTHLY INCOME IS fVly TOTAL T # amount rev. pay a deduction is:#� Ic plus d J. . . . . . . . . . . . . . . . . . . .# C- *AV Monthly take-home pay is yr f. The number of poloph in my family, in- 4. ,minus bo: . . . . . . . . . . . . . . . . . cfuding me, supported by this money is � 7 a. 1 am not able to PAY any of the count fees and costs. b. 1 am able to oaY only the following court fees and costs tspecrfyt: 8. arty +'nonthly expenses are: a. Rent or house payment dr 9 maintenance#� _ 1. 4mounts deducted due to wage assign- tx Foos and household supplies . . . . . . $ ,bents and earnings withholding orders$ ?y>:•:% C. Utilities and telephone . . . . . . . . . . .# m.Other expenses fs,00Cfy) d. Ctotnirig e. laundry and Clearnng. . . . . . . . . . , . # .o f 2l $ f. Medical and dentes payments . . . . . . f ,3) g. N-Surairice (life, health, accident. etc) # ai n. SCnool, child care . . . . . . . . . . . . .! ss # Child, spousal support (ohor marriages# es s I. Transportation and auto expenses F The T{3TAL amount of other monthly !'nsurancee, gas. repair) . . . . . . . . . . # i. .._ expenses is: . . . . . . . . S k. !nstailment payrments/specify purpose and amount): n. MY TOTAL MONTHLY EXPENSES ARE f ## # ,add a. through M.J. zs s 31 �! The TOTAL at'�au t of monthly � ,installment pilyments is. . . . . . . . . . # 9. 1 own the following property: a. Cash . . . . . . . . . . . . . . . . . . . . . . .3 ea Other personal property _ jewelry, b. Checking, savings and credit union futniturai furs, stacks. bonds. eta !list accounts (list PanksP saparatafy). (3) # c. Cars, other uehiclais and boast aipuity /list mak#, year of each): tti h 12i # tai d. Real estate equity . . . . . . . . . . . . . .l 10. Other facts which support this application are fdaai`eribe unusual medical madx oxpansas for recant family er4e� rq or Other unusual expenses to help thojudge undantand yourbudgetl.if more space is needed,attach page labelad attachment 10. Ethrev' You must immaidistaly tell thiscou t If you beocomal We to pay courtfeesair costs during this action. Falx this rout M years rou may bet ajrdered to 40"w in couet and onswe if"stions abo to your ability to pay o`wsrt fess of Costs. 9az{.liF7!.rel!„-,.ri„ F, /sass APPLICATION FOR WAIVER OF COURT FEES Anker COSTS *=eo ewe tin Forms Pouporis' 982(a)(18) ATTORNEY OR PARTY WITHOUT ATTORNEY(Nana atiC AM0#11) TELEf'NoNE No.: FOR COURT USE ONLY ATTORNEY FOR(Nana) NAME OF COURT.JUDICIAL DISTRICT OR SAANCM COURT.IF ANY PLAINTIFF: R w< offENOANT: RDER ON APPLICATION FOR WAIVER CASE NUeaaER OF COURT FEES AND COSTS � 1. The application was filed a. on(data): b. by(name): 2. [D IT 18 0411DERED THAT the application to granted and the applicant is Permitted to proceed in this action as follows: a. = without payment of any Court fees or costs listed in rule 995(i),California Rules of Court, b. r7 without payment of any court fees or costs listed in rule 995(1), California Rules of Court. except tete following c. Q without payment of the fallowing court fires or costs(specify): d. The reasons for denial of any requested waiver are(specify): e. The clerk of the court is directed to mail a copy of this order to the applicant's attorney, if any, or to the applicant it unrepresented. I. ( All unpaid fees and costs shall be deemed to be taxable costs if applicant is entitled to Costs and shalt be a lien on any judgment recovered by the applicant and shall be paint to the clerk upon such recovery. 3. (--7 IT 1E OADERED THAT the xMileation is denied for the following reasons(*"city): a, TM applicant must pay any tees and costs duo M this actlon wrlfhin ten days from the date of somite of this order Of grey paper filed by Vw applicant wfth the clerk will be of no effect. b. The clerk of the court is directed to mail a copy of this order to all parties who have appeared its this action. 4. IT t;ORDERED THAT a hearing bre hold. a. The substantial evidentiary conflict to b1 resolved by the hearing is(specify): b. Applicant should be Of*"nt at the hearing to be held: hearing date: time: in 0 Dept.: ED Div.: CD Am.: address of court: c. The Werk of the court is directed to mall a copy of this order to the applicant only. Dated: . . . . . . . . . . . . . . . . . . . . (Clerk's certification on pager 2) (Savamura or Juosa) Fenn Aaopma br Rum K2 ORDER ON APPLICATION FOR WAIVER A"Cal Cow+ca at cawamia OF COURT FEES AND COSTS Govt coca Rrrrwd 6"betsve iuti t lee' (IN FORMA]PA1.1090ft'i it A.•. 1 982(x){18} CASINUMBEA e. tut+rwtrtc a:may Y. ""l > '" z,,4 ORDER ON APPLICATION FOR WAIVER OF COURT FEES AND COSTS Poo:2 CLERK'S CERTIFICATE OF MAILING I Certify that t am not a party to this cause and that a COPY of the foregoing was mailed first class, postage Prepaid, in a sealed envelops addressed as shown below. and that the mailing of the foregoing and execution of this Certificate occurred at(place):. . . . . . . . . . . . . . . . . . . . . , California, on(date): . . . . . . . . . . . . . . . . . . . .Clerk, by (Ot wy) CLERK'S CERTIFICATION (SEAL,) I certify that the foregoing is a true Copy of the Original on file in my office Dated: . . . . . . . . Clerk, try. . . . . . . . . . . . (Deputy) i Glf-lm t6: 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 personal property or growing craps and which accrue on or before December 31, 1987, must be presented not later than the 100 '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 � µ } Against the County of Contra Costa or k ; ) i € € { District) r - --- - - (T'ill in name pp55•, ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ nd in support of this claim represents as follows: s. 1. When did the damage or injury occur? (Give exact date and hour) 17. 4 y{ay gyp... fc.;.k•�i.::: � �y ...:L� �,r'.: :� g q eh� { ... y}i 4.}.$ ...-tk.: 2. Where did the damage or injury occur?(Include city and county) z 3. How did thedama�e or injury occur? (Give full details; use extra paper if required) } 3 £ { 4. `W hat particular act car c-mission on the part of county or district officers, servants, or employees caused the injury or damages .. ' -3r,YJY Y,,,,rr•�, $���:�� 'E'l" 4 � - f r } {f' £ :.o r. a •. 5. ghat are the names of county or district officers, servants, or employees causing the damage or injury? { ...1',r �4' .. ♦ ;.,. 9 '� s.: 3 6. What damage or injuries do you claim resulted?(Clive full extent of injuries or damages claimed. Attach two estimates for auto damage.) • Y L Sv 4 S S hr 7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or damage.) { k } 8. Names and addresses of witnesses, doctors, and hospitals. > L.O45'o Mt.. 9. List the expenditures you made on account of this accidentor injury. ` DATE TIME AMOUNT } Gov. Code Sec. 910.2 provides "The claim must be SENDNC)TICE TO: Att signed by the claimant or by some person on his behalf." me Name and Address of Attorney ) ) 4 (Claimant's Signature) Zt- �. (Address) t ) Telephone No. s Telephone No. NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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($10,000),or by both such imprisonment and fine. w� - l MWS • 55 is 6' X s ,a CLAIM DEC2 7, 1999 Claim Against the County, or District Governed by 1 the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section referent The copy of this'doamnt mailed to you is your Califorrra Gwarn�nent Codes. ratite of the action taken on your dairn by the Board of Supervisors. (Paragraph IV below}, Oven OCT19190 pursuant to Govemnent Code Section 913 and 815.4. Plow note atl *W111'rings". COUNTY COUNSEL .AMOUNT: Unknown MARTINEZ,CALIF. CLAIMANT: Daniel and Adrienne Publa cover ATTt3RNEY: DATE RECEIVED: October 26, 1999 ADDRESS'. 24307 Tice Valley Blvd. BY DE11VERY TO CLERK ON: October 26, 1999 Walnut Creek CA 94595 October 25, .1999 BY MAIL POSTMARKED. L FitOM: Clerk of the Board of Supervisors M County Counsel Attached is a copy of the alcove-noted claim. October 27 1,999 PHIL BAER' Dated: By: Deputy21—P�Lt IL FROM: County Counsel TO. Clerk of the Board of Supervi ors ( This claim complies substantially with Sections 910 and 910.2. This claire FAILS to comply substantially with Sections 910 and 910.2. and we are so notifying claimant. The Board cannot act for 1$ 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: � OY <-- Deputy County Counsel 131 ]FROM: Clerk of the Boardunty Counsel (1) County Administrator (2) { ) Claim was returned as untimely with n tae to claimant (Section 411.3). IV. BOARD ORtUF.1tr 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:2rj&hbf PHIL BATOR, Clerk, By a Deputy Clerk WARNTNG (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personalty 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 MADANG I declare under penalty of perjury that I ane 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 full prepaid a certified copy of this Board Order and 'Notice to Claimant, addressed to the claimant as shown above. Dated:! By: PHIL BATCHELOR By_(] A . eputy Clerk CSC: Cauunty Counsel County Administmtor This warning docs not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or F'ederaI Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 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 personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100" 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 Dine 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 publicentity. E. Fraud. See penalty for fraudulent claims, ?genal Code Sec. 72 at the end of this fortis. RE: Claim by ) Reserved for Clerk's Filing Stamp a > R +!VED 'F( Against the County of Contra Costa y XT 2 or St1PEl11ll5pRS District} A CQSTA C£1. (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of SU e, JA and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Otte and Hour) C:'t l I N�C-� ____ 2. Where did the damage or injury occur? (Include City and County) __ __ ___________ _ N4NL.:2N p,{,_,. - - f _ __- 3. How did the damage or injury occur? (Give full details;use extra paper if required) ----- _ ----- _ ,.,� a. -�� 5 SIM �..�P�.t'�;.e"�-, i:� �.� ��.1 �' -, �,.ti:�a�"�-j ��L�...� � "�`• Crt...:���- �K_������; ts. �T'C:�$'��La``.+ ti '��..'��� �1..4`�v:,� L��'W`•3 �L iyt,.,.,3 �i�'C-�;ti`��., C::-u.(t...�i��'.,..i �:,�. .l,,.�F��:'.:.q" - 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? yr� > i i Y{'� ib i '�c_- -"`N-ar: ICA- (Over) viol 5. What are the names of county or district officers,servants,or employees causing the damage or injury.' ------------------------------------------------------------------------------------- 6. What damages or injuries do you claim resulted' (Give full extent or injuries or damages claimed. Attach two estimates for auto damage ) ------------------------------------------------------------------------------------- 7. How was the above claimed amount computed? (Include the estimated amount or ani prospective injur}or damage.} 8. Names and addresses of witnesses,doctors,and hospitais. 9. - -List the expenditures you made on account of this accident or injury: �.s � ' 1 ""C - - ?DATE ITEM AMOUNT Gov. Code Sec 910.2 provides: "The claim must be signed b} the claimant SEND NOTICES TO: (Attorney) or by some person on his behaif."` Name and Address of Attorney (Claimant's Signature) (Address) Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district board or officer,authorized to allow or pay the same if genuine;,any false or fraudulent claim, bill, account, voucher,or writing;, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ( SI,000 ), or by both such imprisonment and fine,or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars(S10,000 ), or by both such imprisonment and fine. �r 3 { i z 4 9 Amended C U CLAINI AID An December 7, 1999 Chim Against the County, or District Governed by } the Board of &prvisors, Routing Endorsements, t NOTICE TO CLAIMANT and Board Action All Section references are to 'the copy of this'docurrent Trailed to you is Califorrya Goverarnent Codes. Notice of the action taken on your dim bV the Board of &4*rvisors. (Paragraph IV belovvi, Oven ��Z" ppuurrsuant to Government Code Section 913 and ZO815.4. Pieame rote ail *Warnings". AMOL NT: $50,000.00 CLAIMANT: Laurie Reynoo T FEZ CALIF, ATTOPJ"EY: Howard Mencber DATE RELIVED. ADDRESS: 1299aw 0f f ice NewelloHill��Place, S468e ard Mencher $Y DELTYERY Tfl CX ON: November 12, 1999 Walnut geek, CA 94596 BY MAIL POSTMARKED: L FROM: Clerk of the Board of Supervisors TO. County Counsel Attached is a copy of the above-noted claim. PHIL k, t' Dated: November 15. 1999 By: Deputy rs n e e IL FROK County Counsel TO. Clerk of the Board of Supervisors ( 'Phis claim complies substantially with Sections 910 and 930.2. ( This claim FAILS to comply substantially with Sections 938 and 910.2, and we are so notifying claimant. The Board cannot act for 1$ days (Section 930.8). } 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: - d Dated: , ,. By, r ..... f3 .�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 vete 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. PHIL BATCHEW& Clerk, By w..r Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personalty served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do to immediately. *For Additional `turning Sex Reverse Side of This Notice. DAVIT OF W14nJ NG I declare under penalty of perjury that I am now, and at all times herein mentioned, Tuve 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 Beard Order and Notice to Claimant, addressed to the claimant as shown above. DatedACZM&1 ' By: PHIL BATCHELORBy Deputy Clerk CC: County Counsc# County Adminismtbr _. A. Claim-to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death of 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: Amended Claim By Reserved for Clerk's filing stamp } LAURIE REYNOSO } _' RECEIVED Against the County of Contra Costa ) NOV 121999 ) CLERK SOARD OF SUPERVISORS } CONTRA COSTA CO, The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$50,000.00 and in support of this claim represents as follows: See attached Exhibit"A"—Ms. Udy has two daughters, one of whom is Nancy Udy for whom a claim has been filed and the other daughter is Laurie Reynoso. See Memo, which is Exhibit"I" attached to Exhibit "A"re Ms. Brunson stating that Betty's daughter seems to be the same as her father—this is in relation to having problems related to people not of her race. It is not known which daughter Ms. Brunson was referring to—whether it was Nancy Udy or Laurie Reynoso and thus claims are filed for both. 1. When did the damage or injury occur? (Give exact date and hour) See attached Exhibit"A." 2. Where did the damage or injury occur? (Include city and county) See attached Exhibit"A." 3. How did the damage or injury occur? (Give full details, use extra paper if required) See attached Exhibit"A"re attachment No. 1. Ms. Brunson referred to the daughter and Ms. Udy(Betty) has two daughters, one of whom is Laurie Reynoso and the other Nancy Udy. It is not known which daughter Ms. Brunson is referring to and thus claims are filed for both. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? `See attached Exhibit"A"—Ms. Brunson was referring to Ms. Reynoso (one daughter) and Nancy Udy (another daughter) as having racial tendencies and, again, it is not known whichdaughter Ms. Brunson was referring to. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? See attached Exhibit"A." There is an obligation of Ms. Brunson as a representative/agent of the County not to defame/slander Ms. Reynoso by stating in writing that she has racial tendencies re problems dealing with people not of her race—In attached Exhibit"1"of Exhibit"A,"Ms. Brunson specifically states that Betty's daughter has the same problems as the father and the father is alleged by Ms. Brunson to have problems relating to people who is not of his race and this clearly suggests the father is racist as is the daughter—not knowing which daughter at this time Ms. Brunson is referring to There was a violation of the duty by Ms. Brunson/the County not to defame/slander Ms. Reynoso in that she was accused of being a racist/having problems with dealing with people of other races. b. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Ms. Reynoso suffered extreme emotional distress at the suggestion that she is racist. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Ms. Reynoso suffered extreme emotional distress from being accused of a racist,such as the accusation that was leveled at her father by Ms. Brunson. 8. Names and addresses of witnesses, doctors, and hospitals. See attached Exhibit"A." 9. List the expenditures you made on account of this accident or injury. At this time, Ms. Reynoso has not made any expenditures pertaining to being accused of racism/being defamed/slandered. } Gov. Code Sec. 910.2 provides "The claim must be } SEND NOTICES TO: Attorne signed by the claimant or by some person on his behalf." Name and Address of Attorney } } Howard Mencher ) Law Office of Howard Mencher } {Claimant's Sign ure) 1299 Newell Hill Place, Suite 300 } oward Mencher' Walnut Creek, CA 94596-5220 } Attorney for and on behalf of Laurie Reynosa Address of Laurie'Reynoso: 50 Bonnie Drive } San Pablo, CA 94806 Telephone No. (925)930-7501 )Telephone No. of Laurie Reoso: 5101222-8233 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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 tine 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. -Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death of 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 I OOL,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 LAURIE REYNOSO } Against the County of Contra Costa ) l OCT 2 7 1999 } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$50,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) See attached Exhibit"1"—Memo—written on 6/1/99,on 6115199 attached Exhibit"1"--Memo—was read at a County meeting and Betty Udy and Betty Udy on behalf of Happy Tot Daycare were not hired by Contra Costa County—Community Service Department. 2. Where did the damage or injury occur? (Include city and county) San Pablo, El Sobrante and nearby areas—Contra Costa County. 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attachment. `4. ` What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? The comments By Jeanette Brunson were racially biased,untrue, demeaning and caused Betty Udy/Happy Tot Daycare to lose business—Contra Costa County acted on what Jeanette Brunson said by not hiring Betty Udy/Happy Tot Daycare. 5. What are the names of county or district officers, servants, or-employees causing the damage or injury? Jeanette Brunson—Contra Costa County's Family Child-Care Coordinator and other superiors whose role in this incident re racial bias/not hiring Betty Udy/Happy Tot Daycare is not presently known. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Betty Udy/Betty Udy on behalf of Happy Tot:Daycare lost income in that by the County not hiring Betty Udy/Happy Tot Daycare there was a continuing loss of$3,000.00 per month. In addition, there was severe and extreme emotional distress regarding the accusation of racism to the claimants. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Betty Udy/Happy Tot Daycare is losing$3,000.00 per month and the individual claimants suffered severe embarrassment and emotional upset regarding the racially hostilelbias remarks which were written down in attached Exhibit"1"and published at a County meeting on 6/15/99. 8. Names and addresses of witnesses,doctors, and hospitals. See Memo—attached Exhibit"1"—Deborah Davis,Arnetha Puckett,Dorothy Evans and Jeanette Brunson's supervisors. 9. List the expenditures you made on account of this accident or injury. There is a continuing wage loss to Happy Tot Daycare/Betty Udy in the amount of$3,000.00 per month and continuing emotional upset at the accusations of racism. ) Gov. Code Sec. 910.2 provides"The claim must be ) signed by the claimant or by some person on his behalf." SEND N TIC S TO: Attorn Name and Address of Attorney ) ' ) Howard Mencher ) Law Office of Howard Mencher ) (Claimant's Signawj 1299 Newell Hill Place, Suite 300 ) Laurie Reynoso Walnut Creek, CA 94596-5220 ) 50 Bonnie Drive (Address) } _-- San Pablo. CA 94806 ) Telephone No. (925) 930-7501 )Telephone No. _ _ _ (510)222-8233 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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($10,000),or by both such imprisonment and fine. , ' tl Memordndum TIM Pat CC: Bill Foust Ftram:Jeanette Datm 06101199 Re.- Qayo Vista Fatally Cifild Carte I had the oppv unity to eta et h ofthe providas antf to re view their contract;I would like to i wket tho following�rct,a- OIL rat we darn not oontinue with Deborah[Davis and&may»Ukly. +� Delmrsh Davis Iras«onflict of'irttetct she is on the LPC board and receives payment for eddkhvn aserallerd in iwr hom. ide tW Udy have a safety and health sktwion is htwr homo 4W bar husband w to have pmbkou relating to pw*who to not ofttis tam qty's daughter amas to beats sates as iter$etbcr,t d that Mitt rna bimusc she is Datys h dp w.The*=dw live in Clem and s they W" fawn"I do vW ox how wrs can o =with t*t. tit aew ldttion,both poviders oat Willing to active Orae tact otrrer didt CMVM MOL Iiavis est ei�+�i�r Cmattautdty,�ita�I?uttsr. visa Packon worst tits+c ush ted Stac is rovidirbabim&was a AM Start POOM and Orta*a WUMOofHARWP's firA dW4WW 9WWCW JWhOW t'o pass licensing t�rtequireti>ents havr vershe will b s .aidsl*mPivetalot ofhw inforixtat%rt a tit heir w say mho a in t itriettd tx,Iie ttente Mx.PM*ett wem thcouO Ox ROP prorgrasa the Head Mast Tttln&I"ahe writ ban COW 'v t'with wpt rvbA=. 00094y Svaent It VMY vpwt,bair.att*uW a couplo*f my tainins and is wilil"to dO Wh4t ShObu to 1br the ddWM arad WWIes Wish addidwal, to can be an otdg=dkg pdea`. • tf WV 40""tta onaaUMM WM met h Daeris attd Rely Odic we will creed to am pla+cena tt for 10 child"it""ty edKWO to t W=W with us. Y r t � f ■ We wilt h we to sane nd tb ir+(oltttaf 4 ase we enrf+f Ay place S Wdrm fia the twines lUw they have six therefore we will have to ft+r ocsta I omldrem ltom Anted f ud*t auk E oMby Evaf s. Ktobanclsq their conuicts:we will have to sem ifthe cWtdron craned under Bayo vista are cal-work or receiving Aniutattt f om any wither source. • Naw Contracts wutl have to be re-mitten to redtex att changes. If you we in agreemad wt*rete I think Font should ttt fy the parents as to the chango star#Juac 1, 1999 aid we shed tot the pwvidcm know our decision before June'l 1, 1999 i s i i. i f E .1 Attachment re Response to No. 3 In attached Exhibit"I"Jeanette Brunson—Contra Cosh County's Family Child-Care Coordinator stated that Betty Udy's husband and daughter have problems relating to people not of their race(Betty Udy,her husband and daughters are Caucasian)and Betty Udy,cannot continue to work with the County re rendering child care since the area they live in has a strong Trace-relation problem and Betty Udy and her family don't serve all the families and thus the County cannot continue with Betty Udy/Happy Tot Daycare. As of June 18, 1999,the Community Service Department of Contra Costa County let its contract with Baro Vista Child and Family Center,Inc. expire re Bayo Vista being in charge of/seeing to it that child care services were rendered. Contra Costa County—Community Service Department was in the process as of approximately June 21, 1999,taking over rendering/being in charge of child care services through the lead Stmt Family Child Care Services Program of Contra Costa County. Betty Udy was rejected because of racial bias by Ms. Brunson and Contra. Costa County. CTABI BQAED OF SLTERN71SMS OF' CUMA COSTA OD=s OALEDENI BOARD AC`n011k DECKER 7, 1999 Crim Agaim-1, the County, or District Governed by } the Board o' Supervisors, Routing Endorsements, NOTICE TO CLAIMANT sod Board Action. AI( Section references are to The copy of this document railed to you is your California Guverrmem Codes. s notice of the action taken on your claim by the Board of Supervisors. {Paragraph IV belowl, Oven pursuant to Govem mnt Code Section 913 and OCT 27 1999 815.4. Please nate all *Warnings". AMOUNT: $50,000.00 COUNTY COUNSEL ?AARTINEZ,CAS.R CLAIMANT LAURIE REYNOSO ATTORNEY. Howard Mencher DATE RECEIVED: October 27, 1999 Law Office of Howard Mencher ADDRESS: 1299 Newell. Hill Pl. , Ste 300 BY DELIVERY TO CLERK ON: -- ___1]c-tnbPr 27, 199 Walnut Creek CA 94596-5220 BY MAIL POSTMARKED: Hanel-I�-1 i yVr L FROIK: Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. October 27 1999 PHIL BA R, Cl Dated: By: Deputy .J IL FROM County Counsel TO: Clerk of the Board of Supervisors ( } This claim complies substantially with Sections 910 and 914.2. { 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 914.8). { ) Claim s 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: U By: Deputy County Counsel IIL 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 ORD EFL By unanimous vote of the Supervisors present: { ) This Claim is rejected in full. { ) Other: I cert,fy that this is a true and correct copy of the Boards 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 claire. 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. AFFTllAVIT OF Mk', INV'G 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 CSC: County Counsel County Adt-nistmiot This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. Vlf,TOR J.WESTMAN DEPUTIES: COUNTY COUNSEL JANICEL.AM NOAF NORA G.BARLOW B.REBECCA BYRNES SILVANO B.MARGHESIANDREA W.CASSIDY CH IEF ASSISTANT COUNTY COUNSEL CONTRA C?STA #AUNTY MONkKAL.COOPER VICK OFFICE bf THE i U OUNSEL MARE S.ESTI S MARKE S.ESTIS SHARON L.ANDERSON Mic1iAELaFARR # YY 'IAAIN157 TION 1�J1� i i LILLIAN T.FUJII ASSISTANT COUNTY COUNSEL Pit+l tIE 1' D. LOR' DENNIS C.GRAVES JANET L.HOLMES MAi+3'C04p;,Cif IF R tR 9 >`s .1229 KEVIN T.KERR GREGORY C.HARVEY BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR. BEATRICE LIU MARY ANN MASON GAYLE MUGGLI PAUL R.MUNIZ VALERIE J.RANCHE OFFICE MANAGER STEVEN R RETTG DAVID F.SCHMID. PHONE(925)335- 800 BARBARAI LVER 1N.SUTLIFFE FAX(925)646-1078 NOTICE OF INSUFFICIENCY JACQUELINE Y.WOODS ANI)/OR NON-ACCEPTANCE OF CLAIM TO: Howard Mencher, Esq. Law Office of Howard Mencher 1299 Newell Hill Place, Suite 300 Walnut Creek, CA 94596-5220 RE: CLAIM OF: Laurie Reynoso 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: [ ] 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. [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. [ ] 6. The claim is not signed by the claimant or by some person on his behalf. Page 1 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death of 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 100"'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 LAURIE REYNOSO ) Against the County of Contra Costa ) ) ) r_:...__.._... The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$50,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) See attached Exhibit"l"—Memo—written on 6/1/99, on 6/15/99 attached Exhibit"1"—Memo—was read at a County meeting and Betty Udy and Betty Udy on behalf of Happy Tot Daycare were not hired by Contra Costa County—Community Service Department. 2. Where did the damage or injury occur? (Include city and county) San Pablo, El Sobrante and nearby areas—Contra Costa County. 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attachment. 4. ' What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? The comments By Jeanette Brunson were racially biased, untrue, demeaning and caused Betty Udy/Happy Tot Daycare to lose business—Contra Costa County acted on what Jeanette Brunson said by not hiring Betty Udy/Happy Tot Daycare. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? Jeanette Brunson—Contra Costa County's Family Child-Care Coordinator and other superiors whose role in this incident re racial bias/not hiring Betty Udy/Happy Tot Daycare is not presently known. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Betty Udy/Betty Udy on behalf of Happy Tot Daycare lost income in that by the County not hiring Betty Udy/Happy Tot Daycare there was a continuing loss of$3,000.00 per month. In addition,there was severe and extreme emotional distress regarding the accusation of racism to the claimants. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Betty Udy/Happy Tot Daycare is losing$3,000.00 per month and the individualclaimants suffered severe embarrassment and emotional upset regarding the racially hostile/bias remarks which were written down in attached Exhibit"1" and published at a County meeting on 6/15/99. 8. Names and addresses of witnesses, doctors, and hospitals. See Memo—attached Exhibit"1"—Deborah Davis,Ametha Puckett, Dorothy Evans and Jeanette Brunson's supervisors. 9. List the expenditures you made on account of this accident or injury. There is a continuing wage loss to Happy Tot Daycare/Betty Udy in the amount of$3,000.00 per month and continuing emotional upset at the accusations of racism. ) Gov. Code Sec. 910.2 provides "The claim must be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) Name and Address of Attorney } Howard Mencher ) ,� Law Office of Howard Mencher ) (Claimant's Sign e) 1299 Newell Hili Place, Suite 300 } Laurie Reynoso Walnut Creek, CA 94596-5220 } 50 Bonnie Drive (Address) San Pablo CA 94806 Telephone No. (925) 930-7501 )Telephone No. (510)222-8233 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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. juts-01.-$8 TUE 10:41' All MW S'fWf tillfil4`Itl FAX .lam WO 040 ) t" tills Minor = TW. Past CC: Bill Forrest From:Jeanette [we: 06101199 Re: Days VlAa Moonily Child Care I had the opturtunity to meet eat h of the providers and to rev icw their contract;i would like to asak*the following rexomi nendation. * That we don not continue with Deborah Davit and Betty Udy. 0 Deborah Davis IwA conflict of intere st she is on the I.PC board tmt rives payment fcr ohildrert enrolled In W home, Beatty Udy haw a safaty and hWth situation in heir home end het husband ssacrns to have probtcros relating to peoplo who is nae of his race.Betty's daughter seems to bo the same as her fitthcr mrd Ilia=mns mo bcosuse she is Betty's helpasr. The ami they live its Rave'&so ng me Ma tiou emblem and unless they saw All famillcs 1 do riot me hour we=00MI M with tl*m In addition,both providers oats oat wilting to twdvc our arae am their cement rate. Ms.Davis has M"dislike for commutdty Sarv=Dkwor. Arrwha Iuckext went thtxvjO Head Statt's provider training„+was s Reatd Stint Partrit and was&raduato efftffmaF's fira dw AuW wav*W Jw bow to PM licensing MQViretnentS hWwtvts She will brpt "*aW shei mail"a lot ofher istfonrat don fiom a tca4ciscr in my who fame tit"S snisiew bet Bemuse Ms.Puckett went ttuoush the ROP prow=mW tie Head Start Udaint I IW she will be a good pmvkkr wfth elm stapetvision. Dorothy Suits is very ern,,has attanded.8 e:aupw Qfshy tgwnin&end is wilting to do what shchas to Bac aha area MW fiuttiltM.With tdditlonal traits the can be an osststarndiag Provider. * I(wex 4h*ft shat 10contima with fteboah)[Mvis orad ftay Udy we will need to find plat for 10 children Ifthea family+ howto contlnuawhh us. F > tll 88 TUE 10-47 Aft HM S€wjt �t rttr �� at1t1. a�ttr baa �b�a ar ucre:c jam t, fa79a4 We will have to amend thcir coatt"bwause we curreatly place S ebildreft in the-homes vW thoy have six therefore we will have to relocate 2 Wdtcn lyom Arnethac Puckett and Dotaby Evan. FathancietC their onrttrar u:we will have to sec if the children evened under Bayo visto are cal-work or awing as"'Ista of from any other SouM. New Contracts will have to be r+e writtan to reflex$11 changes. • If you are In*Veement with me I think Foada should dotit`y tho pascmis as to the chs%e start.lune 1, 1999 and we should let do providers know our decision before June 11, 1999 1 i a 4 a 4 Attachment re Response to No. 3 In attached Exhibit"I"Jeanette Brunson—Contra Costa County's Family Child-Care Coordinator stated that Betty Udy's husband and daughter have problems relating to people not of their race(Betty Udy, her husband and daughters are Caucasian) and Betty Udy cannot continue to work with the County re rendering child care since the area they live in has a strong race relation problem and Betty Udy and her family don't serve all the families and thus the County cannot continue with Betty Udy/Happy Tot Daycare. As of June 18, 1999,the Community Service Department of Contra Costa County let its contract with Bayo Vista Child and Family Center, Inc. expire re Bayo Vista being in charge of/seeing to it that child care services were rendered. Contra Costa County—Community Service Department was in the process as of approximately June 21, 1999, taping over rendering/being in charge of child care services through the Head Start Family Child Care Services Program of Contra Costa County. Betty Udy was rejected because of racial bias by Itis. Brunson and Contra Costa County. CLALM WART) Qf fi PERNISORS DF'_MMA COSTA --CA1:Tp'Clr MA BOARD A=_DECEMBER 7, 1999 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references we to } The copy of this document railed 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 elate all "Warnings". AMOUNT: $150,000.00 CLAIMANT. TARA S IMAS � `K tvcf2 g ATTORNEY: TERESA A. POWELL, ESQUIRE DATE RECEIVED: NOVEMBER4, 1999 MAURICE MOYAL ADDRESS: A PROFESSIONAL LAW CORPORATIONBy DF1jNrERy To CLM ON: NOVEMBER 4, 1999 4:15 PM 1899 CLAYTON ROAD, STE. 100 CONCORD CA 94520 $Y MAIL POSTMARKED: Hand-Delivered L FROM: Clerk of the Board of Supervisors 70. County Counsel Attached is a copy of the above-noted claim. PHIL BAT1�C OR, Clerk Dated: Navemi�er 5, 1999 gy: Deputy .n. LIZ IL FRONL County Counsel TO. Clerk of the Board of Supervis ( 141"This claim complies substantially with Sections 910 and 910.2. { ) This claim PAILS to comply substantially with Sections 910 and 910.2, and we we 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). 41 Z 6a ` i 6n .zoe Dated: Deputy County Counsel EL PRO14- Clerk of the Board "PU: 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:,° e,4A PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the trail to file a court action on this claim. See Government Code Section 945.6. You tray 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 MAIIra'NG 1 declare under penalty of perjury that 1 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 full) prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: �� By: PHIL. BATCHELOR. By� 1 Deputy Clerk CD County Coustsel Cost7ry %'.41.?inis vor 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 personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100 '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 fine 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 Tara Simas ) DECEIVED Against the County of Contra Costa or } LNOV4 1999 District} CLESUPERVISORSTA (Fill in name) } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 150,000.00and in support of this claim represents as follows: 1. When did the damage or injury occur?(Give exact date and hour) May 7, 1999 occurred over a period of many hours. 2. Where did the damage or injury occur?(Include city and county) Recovery Management stems or Brighter Future; County of Contra Cosh 2025 Fort Chicago: Highway , Concord, CA Nireka House/ County of Contra Costa 3. How did the damage or injury occur?(Give full details; use extra paper if required) Please see attached letter. Damages occurred due to improper county supervision of contracts given to facilities by the county of Contra Costa. Nireka House, a recovery facility for mental and drug rehabilitation improperly placed Tara Simas in a facility RMS which was not maintained in accordance with regulations, and thereby caused damages to the claimant. Ms. Simas was exposed to much mental stress due to the poorly maintained facility. This stress contributed to a mental breakdown which in turn caused her to attempt a suicide. The damage would not have occurred but for the improper placement, and improper supervision. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Failure to properly manage and supervise the facilities that it contracted with. This emission caused severe emotional distress to Tara Simas. County funds, which supported the contracts with said facilities were thereby used negligently, in that they did not properly perform the services intended by their use. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? Not available at this time. However, specifically, the person or persons responsible for contracting with said facilities, and /or supervising and maintaining contracts after contracts are entered into with said facilities. 6. What damage or injuries do you claim resulted? ( 'rive full extent of injuries or damages claimed. Attach two estimates for auto damage.) $150,000.00 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Cast of finding a new facility. Cost of living at RMS facility. Mental distress, and mental suffering. Hospital Bills 8. Names and addresses of witnesses, doctors, and hospitals. Jim Stetter 1840 Belmont Drive, Concord CA RMS employees, Nireka House employees, still trying to obtain records. 9. List the expenditures you made on account of this accident or injury. DATE TIlyIE AM(3IJNT Hospital visit May 7, 1999 Attempting to obtain records. ) Gov. Code Sec. 910.2 provides"The claim must be ) signed by the claimant or by some person on his behalf." SEND N TILES T(7: (Attorney Name and Address of Attorney ) Teresa A. Powell, Esquire �- ; Gc 7 - urn Maurice Moyal A Professional Law Corporation 1899 Clayton Road, Suite 100 ) (Claimant's Signature) Concord, CA 94520 ) 2301 Sycamore Drive #12 (Address) Antioch, CA 94509 Telephone No. (925) 686-0200 )Telephone No. 925/706/0763 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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(S 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. yALR1cE?.9t7YAL MAURICE MOYAL r'A. ICCcourstint j A Professional Law Corporation Admitted to Dist. MOYAL BUILDING ot'Coiumbia Bar 1899 CLAYTON ROAD,SUITE 100 Q.C,Bar*370(,24 CONCORD,CALIFORNIA 94520-2341 CA state Bar#052648 Tel: (925)886-0200 Colones,U.S.A,tRet.t Fax: (925)686-0204 s County of Contra Costa October 29, 1999 RE: Tara Simas Nireka House RMSIBrighter Future To Whom 1t May Concern: This letter is to state the intent of Ms. Simas, our client, referenced above, to bring an administrative action against the County for the damages to her by the contractual relationship of the County of Contra Costa with Nireka House and RMS\ Brighter Future. Nireka house, by and through their agents/or employees, improperly placed Ms. Simas in a mental health facility Recovery Management Systems or Brighter Future causing Ms. Simas much emotional anguish. Ms. Simas suffered much emotional distress while placed at RMS because the facility was improperly maintained. She contends that the failure of Nireka House to adequately evaluate RMS before placing her within the facility was a primary factor in her distress, eventually causing a mental breakdown which lead to a suicide attempt. We feel Nireka House should be held responsible because there were obvious problems with RMS which even a slight inspection would have discovered. The failure to adequatly research and evaluate a facility before placing a mentally disturbed person within it is clearly negligence, bordering on an intentional act of cruelty. We also request that the County compensate Ms. Simas for the injuries which occurred while placed at RMS/Brighter Future because the facility had a contractual relationship the County, and should be responsible for the damages caused from the breach of their duty. Thus because the County has contracted with Nireka House and RMS\Brighter fixture, we request that the County be held responsible for the damages to Ms. Simas. Thus, we request that Ms. Simas be reimbursed in the amount of$200,000.00 for the pain and suffering, and actual damages that occurred due to her stay with this facility. Respectfully, Teresa A. Powell cc: Tara Simas MAURICE MOYAL " A Professional Lary Corporation MOYAL BUILDING 1899 CLAYTON ROAD,SUITE 100 1 CONCORD,CALIFORNIA 94520-2541 Tel: (925)686-0200 2 Fax: (925)686-0204 3 Tare. Simas , CLAIM FOR PERSONAL 4 INJURIES V. [GOV'T CODE SECTION 910,ET SEQ] COUNTY OF CONCORD 6 AND DOES 1-20, 7 Defendants. 8 / 9 1 TO: THE COUNTY OF CONCORD. 10 a. Name and address of claimant: TERRA SIMAS, 2301 Sycamore 11 Drive, #12 , Antioch, CA 94509 . 12 b. Address to which the persons presenting the claim desire 13 notice to be sent: The Law Offices of Maurice Moyal, 1899 Clayton 14 Road, suite 100, Concord, CA 94520. 15 c. The date, place and other circumstances of the occurrence i 16i or transaction which gave rise to the claim asserted: On or about c 17 !� May of 1999 , claimant entered into the facility, RMS/Brighter 18 Future due to a placement by the facility, Nireka House. Nireka 19 House failed to adequetly research the facility before placing Ms. 20 Simas into RMS/Brighter Future. The placement of this patient into 21 a facility which was ill-equipped to care for a dual-diagnosed 22 client, and that did not meet the minimal state and or county 231 required standards was negligence. 24 {� Further, the facility and its employees did not care effectively 1 25j for the client, when warned of her unstable mental condition. 26 General description of injury, damages, or loss incurred so far as 27 may be known at the time of presentation of the claim: 28 MAURICE MOYAL A Profess anal Law Corporation MOYAL 8U1LDiNG 1899CLAYTON ROAD CONCORD,CA 94520 Claimant suffered a lacerated arm, and emotional distress, 2rl trauma, and advanced mental instability due to the lack of adequate 3 { services and supervision at the county facility. Claimant also 4 suffered heightened mental distress due to the reliance upon Nireka House's improper and negligent representation 6 lj{ e. Names of public employees causing the injury, damage, or 7 loss, if ]mown: Lack of adequate supervising/AND/OR preliminary 8 j research before placement into this facilitywas the cause of I , 9 damages to Ms. Simas. 10 f. The amount claimed: (If amount exceeds $10, 000. 00 no i1 �{ dollar amount shall be included in the claim. However, it shall 12 indicate whether Jurisdiction over the claim would rest in 13 Municipal Court or Superior court) : Jurisdiction over the claim 14 1 �1 15 would rest in Superior Court. I� 16 17 DATED: 18 TERESA A. POWELL {! ATTORNEY FOR TARA STMAS 19 20 21 I 22 23 I 2.1 { I I I 25 { i 26 i }I 1{ i 27 l 4AU+RFCEMOYAL $ �f A Nof-.�,mjl LjN I Curfx+raU,n �� 1,1M AL PUf$0MG � "44 CLAN TL)\ROAD 01"t(iR0.CA w4520 CLAIM BOARD OF UMVISMS OF MSMA_MSTA M=. CALIEMNIA IMARD AA=_LECDMER�7, 1999 Claim Against the County, or District Governed by ft Board of Supervisors, Riming 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, Oven I Fi pursuant to Government Code Section 913 and 015.4. flease note all *Warnings". AMOUNT: $10(),000.00 CLAIMANT: Randall R. Smith MAFMMEZ CALIF. ATTORNEY: DATE RECEIVED: October 29, 1999 ADDRESS: 1153 Rumrill, #13 BY DELATIRY TO CLERK ON: October 29, 1999 San Pablo CA 94806 BY MAIL POSTMARKED: Hand-Delivered L FROM: Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk By:Dated: October 29, 1999 Depu _ IL FRONt County Counsel TO. Clerk of the Board of Supervisdri 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: A/FW5�F7 Deputy County Counsel D1 FROM Clerk of the Board my Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with to claimant (Section 9113). XV. BOARD ORDEIL- By unanimous vote of the Supervisors present: A-^ This Claim is rejected in full. Other: I certify that this is & ,true and correct copy of the Board's Order entered in its minutes for this date. Dated:4aLotkL :Z /091 PHIL BATCHEI OR, Clerk, By Deputy Clerk WARNING (Gov. code seed chi(9M 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 Ibis Notice. AFFIDAVIT OF MAIUNU 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 full prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:JL 2 /§J�_ By: PHIL BATCHELOR4I Deputy Clerk�A�_— I - CC: County Counsel County Administrator Maim 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 personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100 '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 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 thaw sum. to ,w e4 and in support oftl'iis cl.aiirn r0p.-C-ScAn...0 as folHows: 1. When did the damage or injury occur? (Give exact date and hour) !"- 16 - 91 6: 3 5' 4,44 • 2. Where did the damage or injury occur?(Include city and county) 531_ ,4#40M0000 64V.. ') 0 A K L f r CO*jVM C_aGavu-rp 3. How did the damage or injury occur?(Give full details; use extra paper if required) W 5 l` V#Lr I+SIG M Y PR 1,14��f �P A)Tie RJ .4AJ,0 kf -T"t',4 C—r 10 What'particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? ) AQP 5. What are the names of county or district officers, servants, or employees causing the damage or injury? 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) IVU U5r- &P- c, IP-1' 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) �f/� } J� j p /��#/} t j( r -y y�! �1 �wC- .�+ 6 AIN f �OPP60� (W6 04 f N46l , -! YV W it it �� t 6� RL y eRo t�av G;.t&e.b{ 60AId 41J0 S JP-rUM 8. Names and addresses of witnesses, doctors, and hospitals. vN IWOW N) 0k A5H/ 0"0 K , M 699 ( -rH e wAR-tikez 9. List the expenditures you made on account of this accident or injury. DATE TINE AMOUNT Gov. Code Sec. 910.2 provides"The claim must be signed by the claimant or by some person on his behalf." SEND NOTICES TO: —(&Lorna Name and Address of Attorney ) (Claimant's Signature) (Address) } A" P4,04. d Telephone No. )Telephone No. _V-10 — NOTICE `/0 NOTICE Section 72 of the Penal Code provides. Every person who,with intent to defraud,presents for allowance or the 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. VICTOR J.WESTMAN DEPUTIES; PHILLIPS.ALTHOFF COUNTY COUNSEL JANICE L.AMENTA NORA G.BARLOW B.REBECCA BYRNES SILVANO B.MARCHESI ANDREA W.CASSIDY CH IEF ASSISTANT COUNTY COUNSEL CONTRA,COS TkOWN.T- Y MONIKA L.COOPER VICKIE L.DAWES OFFICE OF-TI,iE- 4?,UNSEL MARKE S.ESTIS - SHARON L.ANDERSON MICHAEL D.FARR LILLIANTFUJII ASSISTANT COUNTY COUNSEL SrjREET dQDENNISC.GRAVES JANET L.HOLMES MA"Elz"RN71F 3�',l 229 KEVIN T KERR GREGORY C.HARVEY BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR. BEATRICE LIU MARY ANN MASON GAYLE MUGGLI PAUL R.MU&IZ VALERIEJ.RANCHE OFFICE MANAGER STEVEN P.RETTNG DAVID F.SCHMfDT PHONE(925)335-1800 DIANAJ.SILVER BARBARA N.SUTLIFFE FAX(925)646-1078 NOTICE OF INSUFFICIENCY JACQUELINE Y.WOODS AND/OR NON-ACCEPTANCE OF CLAIM TO: Randall R. Smith 1153 Rumrill,#13 San Pablo, CA 94806 RE: CLAIM OF: Randall R. Smith 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: 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. 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known,or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6. The claim is not signed by the claimant or by some person on his behalf. Page 1 (XXX ] 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. WCounty pr. el i CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013x,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: November 2, 1999,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 r� CLAIM BOA80- �EMIII 1, 1999 Heim Against the County, or District Governed by } ft Board of Supervisors, Routing i ndorsernents, } NOTICE TO CLAIMANT Ind Board Action. All Section taferences are to 'the copy of this idocurnent mailed to you is your California Government Codes. mice of the action taken on your claim by the Board of Supervisors. {Paragraph Its below*, given trrsuant to Government Code Section 993 and .4. lie tote 811 *Warnings". 0 8 119,919 CLAIMANT: .TIM STI�',`1fiI R NAA6, ring Z CAL.F< ATTC3RIr!EY: /0 Teresa A. Powell DATE REt"EWM: November 8, 1999 Maurice Moyal-A Professional ADDRESS: Corporation BY DEi.�TVERY TO CLERK ON: November 8, 1999 1899 Clayton Rd. , Ste. 100 Concord CA 94520 BY MAIL POS"1MARJW: Hand-Delivered L FROK Clerk of the Board of Supervisors TSI. County Counsel Attached is a copy of the above-noted claim. PHIL BA R, Cleric , Dated: November 8, 1999 $y; puty $m > . . ; .. Il. FRflhi: County Counsel M Clerk of the Board of Supervi. "rs (This claim complies substantially with Sections 910 and 910.2. 'This claire FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 1$ days (Section 410.8). { } 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„ FlitC'tK Clerk of the Board 'n1: County Counsel (1) County Administrator (2) } Claim was returned as untimely with notice to claimant (Section 911,3). IV. Bir O1 DEW By unanimous vote of the Supervisors present: This Claim is rejected in full. - � I certify that this is a true and ,correct copy of the Board's Order entered in its minutes for this date. PHIL BATCHELOR. Cleric, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the elate this notice was personally served or deposited in the mail to file a court action on this claim. See Government Cade Section 94$.5. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do to immediately. "For Additional "Warning See Reverse Side of This Notice. AFFIDAVIT OF hWMG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 16, and that today I deposited in the tinned States Postal Service in Martinez, California, postage full} prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: By: PHIL BATCW-LOR By Deputy Clerk CC: Co=ty C+=!0 County Adrninisfttor This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. i -------------- Clann to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ORIGIN 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 10& 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 Jim Stetter ) RECEIVED Against the County of Contra Costa or } NOV 81999 District) CLERK BOARD OF StlTERViS R5 (Fill in name) } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 6 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) May 28, 1999 2. Where did the damage or injury occur? (Include city and county) Recovery Management Services/ Brighter Future Concord, CA. County of Contra Costa 3. How did the damage or injury occur? (Give full details;use extra paper if required) Damage and injury occurred because of improper and negligent supervision of a facility that the County of Contra Costa had contracted with. This resulting in emotional distress, due to work environment. County failed to uphold minimum safety standards/ and/or failed to assure the facilities they contracted with kept proper standards and procedures. Improper overseeing of employees of said facilities„ This failure caused damages to claimant. _.. #.` What particular act or omission on the part of county or district officers, servants, or employees caused the injr ry or damage? improper maintence of county contracts. Negligent supervisio of mental health facility. This negligence caused claimant to be placed in a situation which resulted in severe emotional distress. County should have known about improper licensing, and improper .hiring. 5. What are the names of county or district officers, servants, or employees causing the damage or injur} , Not available at this time. However, sped fically, ' the person or VeRpons responsible for contracting with Recovery Managment: Services and/ Brighter Future, and / or supervising. and maintaining said contracts. 6. Whit damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Emotional Distress, Loss wages, pain and suffering. 7. How was the amount claimed above computed?(Include the estimated amount'ofany prospective injury or damage.) $60, 000.00 Comprising of the fallowing: Emotional Distress, pain and suffering for experience, and firing from facility. Loss of wages, 1 , 500.00 per month for 5 months. Future of one 8. Namees acid a(fdr ses o�v`vitnesst3 dos. c`ttors, and hospitals. JFK Counseling Center; All employees of*RMS/Brighter Future-Mike and nick Alioto. Employees of Phoenix Center 2290 Willow Pass Road, Concord, CA 9452 *2025 Part Chicago Highway, Concord, CA. 9. List the expenditures you made on account of this accident or injury. DATE 12a AMOUNT Counseling Services for approx. 2 months (amount ongoing) } Gov. Code Sec. 910.2 provides "The claim must be } signed by the claimant or by some person on his behalf SEND Nonus T . Name and Address of Attorney ) Teresa A. Powell } �- Maurice Moyal--A Professional } w - -' �` � fir' Corporation } (Claimant's' ignatu 1899 Clayton Road, Suite 100 } Concord, CA 94520 ) 1840 Belmont Drive; Concord, CA 94520 (Address) 1925) 685-0200 } ( 925 ) 946-6237 Telephone No. )Telephone No. NOTICE Section 72 of the Postal Code provides: Every person who,with intent to defraud,presents for allowance or the 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 ftudulent claim,bill,account, voucher,or writing,is punishable either by imprisonnient in the county jail for a period of not more than we year,by a fine of not exceeding one thousand(S 1,000),or by bath such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(S 10,U0t1),or by both such imluisonnunt and fine. CM RQARD OF SIMEFtIMMC OF CbMA [;CJST,A CQUISMa CA111FORIMA rteBOARD AIM DECEIBER 11 :1999 Crim Against tine County, or Distnet Governed by the Board of Supervisors, Routing Endorurnents, l NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of tNs 'documt rrlailed to you is your California Goverment Codes. 1 notice of the action taken on your daim by the Board of Supervisors. {Paragraph IV belov4, liven pursuant to Govwn mnt Code Section 913 and X15.4. Please note all `Warnings". a AMOUNT: $3,000,000.00 CIA1MANT: Trudie Rogers ATTORNEY: DATE RECEIVED: October 26, 1999 ADDRESS: c/o General Delivery BY DORY TO CLE ON: October 26, 1999 Antioch CA 94531 Hand-Delivered BY MAIL POSTMARKED. L FROK Clerk of the Board of Supervisors 7U County Counsel Attached is a copy of the above-Coated claim. PHIL BA R. Cier Dated:_ . Octe,b .6., 1999 $y: Deputy 4__ J±y4 tl IL FROM County Counsel M 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 Clays (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: 1 ,0 _26, By: L ►a „ Lgfaa...._ Deputy County Counsel M. FROM Clerk of the Board T(?: County Counsel (1) County Administrator (2) ( } Claim was returned as untimely with notice to claimant (Section 911.3). IV. $GAJRD O?RDEIL: By unanimous vote of the Supervisors present: 11is 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: :Z /112 PHIL BATCHELC R, 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 trail 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. AI TYDAVIT 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 I8; and that today I deposited in the United States Postal Service in Martinez, California, postage full) prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:- e6eBy: PHIL BATCHELOR By Deputy Clerk CC: t.attnty comel County Administrator I 1 ( miff truck ragers 1 { do fenerrd Delivery ._ Antioch CA 94531 2 w, " 2 Ei 3 �I 4 5 3 IN THE COUNTY OF CONTRA COSTA I YTMO. THE HEALTH SERVICES DEPARTMENT � 7 8 E I 9 miss tru&e ragers, 10 Chww4 f Case No. V. 11 Contra Costa County(CCC); dose Iti ecio, E M.D.,PsWchiMWA in his inckvirlual and offwW IZ capacities; CCC Regional Medical Center CLAW FOR DAMAGES 13 (CCCRMQ; Suzanne Thompson,,LC.S.W., ! in herinclividual and official capacities; CCC Fake? onment• Cons 14 Heath ServfcesDeparhnent(HSD); WMam fr �'trj Commit Penury,Defamation ofChamcter; 15 ( B.Walker,MD.,Director,CCCHSD,in his Interferrence with Exercise rrf Civr7 Rights; . . +ando, ial�; CCCMentrrl 1'ntentianallrt�lictionofErnatiottalDr`s�ess; 16 I HeabhSerr�cesDiv%sic►rt(�fHSD);Donna M. 1Veghgentlnflic#onofE»tc►tivnalDistress; Wigarzds L.�:S.W:, Director,CCCMHSD,in PunitivelExe�Dranages; et sig ulterior 17 her uukvidualacrdoficialcapacities; Frank Pugtisi,Exec Dir,CCCRMC,in his individual I8 ( (Perovl:Cade 9Fla; 9t}5; 9(16 ; and official capacities;and Dues I that 50 19 inclusive, 910-910.2 ; 911.2 ; 911.6; 91.E-.915.2 Resporr*nb. 20 21 i 22 EE I f 23 1. Comes now the claimant. miss bake rogen who hereby makes this claim this day October 24 25, 1999 prior to filing a Complaint for Damages in a court of law. 25 2. The total amount of the claim is for no less than Three Ntillion ($3,000,000) Dotkws 25 ( and is within the jurisdiction of the Viral and/or the Superior Court 27 1 3. The address to which all notices are to be sent is do General Delivery Antioch CA 94531. 28 4. The dates of loss include Tuesday April 2.'7, 1999 through Tuesday May 4, 1999 through i i� � CLAIM rogers v Contin Costa County,et at October25,1999 1 page two of seven 2 3 4 E 5 to the present and yet on-going. I have suffered and will continue to suffer irreparable harm. 6 5 The location of the loss I have suffered is within the County of Contra Costa and includes I 7 the cities of Martinez and Antioch. 8 I 6. The natural persons who and fictitiously-named entities aka respondents which I believe 9 1 are the proximate cause of my injuries and damages and losses include Centra Costa County f E 10 (CCC) ; Jose Recio,M.D.,psychiatrist; CCC Regional Medical Center, Suuanne Thompson, i I, 11 1 Licensed anneal Social Worker(-CSW) , the CCC Health Services Department(HSD); William 12 << B.Walker,M.D., director of the CCCHSD; the CCC Mental Health Services Division(MHSD); f 13 Donna.M.Wigand,L.C.S.W.,director of the CCCMHSD ; Prank Puglisi,Executive Director, f 14 CCCRMC; and other persons and fictitiously-named entities,unknown to me. 15 7. The respondents' acts were outrageous,cruel,and unnecessary,as well as grossly E 16 negligent,wilfull,and intentional. 17 8. The respondents'acts and failures to act have caused metro suffer personal injuries. 18 9. My injuries include but are not limited to extreme emotional distress,pain and suffering, 19 tangible and intangible losses. 20 10. The damages I have sustained include obvious violations of my civil rights,including 21 false imprisonment,interference with my exercise of my civil rights,defamation of character, 22 perjury,negligent and'intentional infliction of emtional distress. 23 i 11. The respondents'acts and failures to act were committed with malice,fraud,and 24 I oppression. 25 ( 12. 1 suffered horrendously -and continue to do so- due to the acts and failures to act by 26 j the respondents. E 27 13. 1 experienced the loss of my liberty,humiliation,embenassnwnt,shame,overvvhelrningand 28 constant fear of being wrongfully restrained and needlessly drugged.,fear and mistrust of treatment DmARATioN roger v. L Vr& Costa Corm),et aL October 25,1999 ` 1 page three o,f seven 2 3 i 4 i 5 i, 6 providers,withdrawal from other persons,insomnia,inability to eat foods not of Fry choice bemuse they � 7 were unavailable and/or not offered to me,constant hunger,near-loss of my temporary residence, j I 8 ( deepening and more lengthy bouts of depression,homelessness,indigence,cardless appearance, I 9 ! constant sleep deprivation,physical aches and pains,worsening and constant thoughts of suicide. 10 14. On Tuesday afternoo nabout 3:30 P.M. I arrived via public bus at the Contra Costa County 11 Regional Medical Center. 12 1 stopped off at the pharmacy and had the prescriptions I'd been given earlier in the day filled, 13 ,, 14 15 16 At about 5:00 P.M. April 27, 19991 voluntarily admitted myself into the psychiatric ward. 17 j I had already pre-arranged my stay at the hospital hours earlier. I made it clear that I was open 18 only for talk therapy and would not accept any drugs or Injections or straight jackets. I was quite child- 19 € like and quiet. I was not a danger to anyone nor was I acting out. 20 The week before I had been diagnosed with major depression with suicidal ideation. I was 21 aceelAed and living at a homeless shelter for emotionally fragile homeless pile. 22 15. Had I known what was in stere for me on the psych ward,I never would have gone. ?3 16 On or about early Wednesday morning April 28,199.9,1 was told by a Dr."G."that I needed 24 to take what I recall as being PAXIL, he may have named some other drug. I did ask him if this was ' 25 like PROZAC. He said it was a cousin of PROZAC. I said no,that I would not take it. I Zr5 17.Much later in the day,I spoke briefly with Dr.Recto and Miss Thompson. I quickly learned 27 to have no respect for or trust in either one of them,especially Dr.Recio. 28 l g. On or about Thursday April 29,Dr.Recto told me I needed to take LITHIUM and HALDOL E { e it j CLAIM roger v. Contra Costa County,et at Qctober25,1 page four of seven I 2 3 1 3 4 1 5 I 6 and COGENITIN. I already had heard of LITFUUM,so I immediately said nes to that. I asked him what 7 the other drugs were. He said something about and-psychotics and a muscle relaxer. I told him that 1 8 was not psychotic and asked him why and which of my muscles needed.relaxing. I really didn't trust i 9 ;r him at all by this time. I told hire I wanted to read something about how these drugs worked and what i 10 they did 11 19. The cautionary literature spoke of seizures,tremors,involuntary spasms,lethargy,tongue i 12 thrusting,delayed or absent orgasms,dulled libido,memory loss,inability to think,constipation, 13 delusions. These were not my problems and I didn't want them to become so. 14 What I read convinced me I didn't want any part of this stuff. 15 I Some drug messes you up neurologically and the other tries to fix the mess. 4 16 { 17 There were people on fire ward with these horrible symptoms,saying they wished they had not i 18 taken the Doctor-prescribed drugs in the first place. 19 1 also meet people on the bus on these - and drugs like them- who regret having taken them. 20 i 20. on Friday afternoon April 30, 1999 a wunian I didn't know handed me a piece of yellow 21 ! paper saying Dr.Recio was seeking to have me declared legally incompetent to make my own sound i 22 decisions regarding medication. 23 21. The paper was full of lies. His lies included that I'd been brought in 5150-involuntarily, 24 an act usually carried out by the police. He called me M—rhotic and also said that I'was a danWr to others. 25 y 22. 1 had already felt like a prismer. Now I felt like a criminal,having to go before a judge as s 26 a defendant. This man had created legal problems for me which I did not have when I first met him. 27 23. My worst cxnstant fear was that Dr.Recio would make up some ugly excuse to have me tied 28 dawn axed these dreaded drugs,including THORAZINE be forced upon me. 1 was terrified. i i t i CLAIM rogers v. Confrrz Costa County,et d Ddober25,1.999 1 pup ,five of seven 2 3 4 5 f 24. It had not occurred to me to leave before someone said I was ready,but now I wanted out 6 25. I was finally able to get a pencil about midnight and I wrote a letter indicating I did not want 7 4 Dr.Recio as my physician. I gave it to the nurse early Saturday morning. 8 I He never honored or respected or complied with my request. f 9 It was impossible for me to sleep or eat after Friday. The food wasn't what I was able to eat or ; ID liked anyway. I love fresh green vegetables and my food nearly raw. I kept,Ming fruit instead,to which i 11 I'm allergic. I had:made all this clear upon my admission. They served pork and rice and dairy products � 12 j and fat junk and the foal was over-cooked and dry. I filled up on lots of liquids day and night to try to j 13 I maintain my weight and physical health. I was miserable and hungry all the time in this prison. The i ; 14 nutritionist finally carne arrxM just before I left. She was sweet and cared but it was too late. I still ended- 15 up vvrith rice. I simply continued not eating. 16 ; I could not believe this was even happening,certainly not to me. I had gone to this place for help. i f 17 4 I had trusted these people. f 18 ' My mother,who couldn't read and who couldn't write,had sent me to school.,had made every 19 E sacrifice to do so. F 20 ! 26. I discovered I needed to file a Writ of Habeas Corpus,compelling the respondents to show 21 good cause to the caut why I was being held against my will. I didn't know how to compose the papers 22 or if there were fors or what. i 23 27. I telephoned a few people,who faxed me some sections from the California legal Code. 34 � 2S. I phoned the patients'advocate. On or about Monday May 3rd,she carne and we spoke. 25 29. 1 asked the Direr of Nursing for a pen and use of a desk. She approved. 26 # 30. I phoned the P u i c. e e n 6je r S' c, f c'e, t 27 j She came out on Tuesday May 4th and we spoke for about 45 minutes! ; 28 ! She agreed to represent me. She left at 1:45 P.Ni j ! i CLAW rogers v Conft Costa County,et d Odober25,1999 1 pine sir of seven I 2 3 f 4 i '1 5 31. At 2-00 P.m. Dr.Redo Docked on my door. I ignored him. I had previously requested that I My room mate finally opened the door for him.I do not suffer fools and liars lightly,thus I he not be my physician AND I was now relented by an attorney. I slid enjoy speaking with Dr.Gandhi � e-$ and some of the nurses.I had absolutely nothing I wanted to say to this evil lying little roan outside of f i a courtroom.and certainly not without my attorney present .10 i I did not look at him nor even speak for a while. I thought of my wasted eight days,imprisoned,feeling f 11 j worse than I had come in: suspicious,terribly disappointed,foolish,always afraid,betrayed. These 12 qualities are not inherent to my being. 13 ! 32. Dr.Redo said I could leave now. I simply stared at him. He asked me if I wanted to leave. f 14 1 said he nem to speak with the Public Defender,that she now represented me. He said that that was 13 c not necessary,that I could leave now if I wanted to. f Its I followed him to a conference room,with Miss Thompson present. 17 33. Dr.Redo said that it was clear to him that the judge V listen to me and the way I expre wA 18 myself and would let me out ` j W I 19 34.I told them how they had made me suffer,that I wasn't even sure where I was going to sleep 30 that night,dig I didn't even know if my bed had been saved for me or what their policy was for residents 21 who had been hospitalized. 22 35. I left the room and asked a nurse I for food. The nine brought a hamburger. I didn't want 23 a greasy cold hamburger. I wanted sane fresh green vegetables. She set it in the day room. After a while, 24 it was gone. Someone took/ate,it I gins he or she was less finicky or more hungry than I was. 25 36 I left at nearly 5-00 P.xi,having had to wait for my medicines to be sett up from the pharmacy, 26 and being asked to sign more papers filled with lies. I refused to sign. It said I bad refused follow-up 27 servicers. I was not offered any follow-up services. I made an appointment on my own after I left and 2 ( was told I had to pay for any future visits because I had to see a private practitioner. i I CLAIM rogers v corm Costa County,et aL October?x,1999 1 par seven of seven 2 3 4 5 E 37. The last bus was gone so I went back to the shelter in a taxi which the CCCRMC 6 telephoned for me. They told the driver to tape me to the homeless shelter in Antioch. 7 38. When I got back to the shelter,the manager told me that I had been discharged a duple 8 j of hours earlier,that Dr.Recio had telephoned and had told them to discharge me,that I refused i 9 ! to take`meals.' ' 10 `} 39. 1 told the manager that the doctor wanted to give me anti-psychotic drugs and I named E f 11 them. I asked him if now or in the past he thought I was psychotic or behaving that way(e.g.,hearing j 12 voices,seeing things,catatonic)and if I needed anything like that. E 13 40. He asked me why they told the taxi to bring me back.there. 14 !' We both sat silently. He told me he would make some phone callsand forme to wait outside. ! 15 ! 41. After along while,he came and got me and told me to re-make my,bed,that it had just 16 been`stripped.' 17 I 42. 1 completed the remainder of my 30 days at the shelter and went back out into the streets 18 I and homelessness on Monday May 24,1999. 19 43. 1 returned to the shelter last Tuesday night October 19th. 20 44. 1 am not psychotic. I have never been psychotic. 21 45. I am horriblyd and made even more so the eight da of fear and suffering pressed by gh days g 22 and starvation and anguish and confusion and cruelty and lack of adequate appropriate treatment 1 23 j endured/suffered at the CCCRMC and subsequently. 24 i I declare under penalty of perjury under the laws of the state of California that the foregoing is 25 true and correct 27 DA7EO: October 25, 1999 I s 1 28 j miss trudie rogers Iairitant i j ., CLAIM BOARD OF .SUPERNISOM OF CONTRA COSTA CQi=. CALLME1 IA BOARD AM DECREER 7, 1599 Claim Against the County, or District Governed by � the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section referemes we to TIe copy of thisdocument mailed to you is your California Goarwent Codes. t Holies of the action taken an your Bairn by the Board of Supervisors. (Paragraph IV belov4, given 1�1 pysuant to Goverment Code Section 913 and OCT 2 15.4. Pam note all *ftrnings'. AMOUNT: $3,000,000.00 coJINIT, �'DLJNSE MART. ,2z CA"F CLAIMANT: Trudie Rogers - ATTORNEY: DATE RECEIVED: October 26, 1999 ADDRESS: c/o General Delivery BY DELIVERY TO CLERK ON: ', October 26, 1999 Antioch CA 54531 BY MAL POSTMARKED. Hand'-Delivered L PROft Clerk of the Board of Supervisors W. County Come) Attached is a copy of the above-noted claim. PHIL BA R, Cler Dated:_ October 26. 1999 By: Deputy- 11 I1. FROhf: County Counsel '7C?: Clerk of the Board of Supervisors ( is 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 fled. The Clerk should return claim on ground that it was filed lute and send warning of claimant's right to apply for leave to present a tate claim (Section 9113). ( } Other: Dated:- Deputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 9113). IV. BOAR ORDEW By unaMmous vote of the Supervisors present: (` This Claim is rejected in full. O Other: I certify that this is a true arae cvr:av"t 0apy Of the *fi: Order entered in its minutes for this date. DCted:.kP _nom :Z /112 PmL BATCHELOR, Clerk, By , Deputy Clerk WARN NG (Gov. code section 5113) 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 Secticm 945.6. You may seek the advice of an attorney of your choice in connection with this :natter. If you want to consult a+n attorney, you should do to immediately. *For Additional Warning See Reverse Side of this Notice. A�FIDAViT OF M+ NC I declare under penalty of perjury that 1 am now, and at all times herein mentioned, #taw=e 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 full. prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: By: PHIL BATCHELOR By JILA121,r Deputy Clerk CC: cowlty Colmset g",,r to ?.eta+inistrssto+ CLAIM BOARD.. DEC � 7, 1909 Ciairn Against the Cm inty, or District Governed by � the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT end Board Action. All Section references are to Ir The copy of tis dost mailed to you is your Ceiifornia Governrnent Codes. notice of the action taken on your claim by the Board of Supervisors. {Paragraph IV below}, given uint to Govenmrit Cade Section 913 and OCT . 1999 ;1r5$.4. Mase rote all 'Warnings". AMOUNT: $115,000-00 ()uNTY COUNSEL CLAIMANT: LAIvANT: ❑❑C.ty Udy MARTINEZ,Ci". ATTORNEY: Howard Mencher DATE REC'E11 ED: October 27, 1099 Law Office of Howard Mencher October 2`7 1999 ADDRESS: 1299 Newell Hill Pl. , Ste. 300 BY DEI VERY TO CLERK ON: October Walnut Creek .CA 94596-5220 Hanoi-Delivered BY MAIL'Pmr?S�'h�iARI : L FROft, Clerk of the Burd of Supervisors TM County Counsel Attached is a copy of the above-noted claim. October 27 1999 PHIL BA LAR, C1Dated: By: Deputy r" IL FROIX County Counsel TY7: Clerk of the Board of Supervis rs 10 (' This claim complies substantially with Sections 910 and 910.2. ( ) This claim TAILS to comply substantially with Sections 910 and 910.2, and we are to 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 tate claim (Section 911.3)._- { ) Other: - - Dated: BY: # puty County Counsel VW III. PROM Clerk of the Board 7u County Counsel (1) County Administrator {2} { ) Claim was returned as untimely with notice to claimant (Section 911.0. IV, BOARD ORDERs By unanimous vote of the Supervisors present: ( This Claim is rejected in full. { } other. I certify that this is a true sod correct copy of the Board's Order mattered in its minutes for this elate. Dated ,qJ1 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 to immediately. *For Additional Warning See Inverse Side of This Notice. AMA'VIT OF MAUJNG I declare udder penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age IS; and that today I deposited in the United States Postal Service in Martitnez, California, postage fulb prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 1 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 of 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 100`x'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 BETTY UDY ) Against the County of Contra Costa } OCTt The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$115,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) See attached Exhibit"1"—Memo—written on 6/1/99, on 6/15/99 attached Exhibit C`1"—Memo—was read at a County meeting and Betty Udy and Betty Udy on behalf of Happy Tot Daycare were not hired by Contra Costa County—Community Service Department. 2. Where did the damage or injury occur? (Include city and county) San Pablo, El Sobrante and nearby areas—Contra Costa County, 3. How did the damage or injury occur? (Give full details, use extra paper if required) See attachment. 4,. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? The comments By Jeanette Brunson were racially biased,untrue, demeaning and caused Betty Udy/Happy Tot Daycare to lose business—Contra Costa County acted on what Jeanette Brunson said by not hiring Betty Udy/Happy Tot Daycare. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? Jeanette Brunson—Contra Costa County's Family Child-Care Coordinator and other superiors whose role in this incident re racial bias/not hiring Betty Udy/Happy Tot Daycare is not presently known. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Betty Udy/Betty Udy on behalf of Happy Tot Daycare lost income in that by the County not hiring Betty Udy/Happy Tot Daycare there was a continuing loss of$3,000.00 per month. In addition,there was severe and extreme emotional distress regarding the accusation of racism to the claimants. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Betty Udy/Happy Tot Daycare is losing $3,000.00 per month and the individualclaimants suffered severe embarrassment and emotional upset regarding the racially hostile/bias remarks which were written down in attached Exhibit"1"and published at a County meeting on 6/15/99. 8. Names and addresses of witnesses, doctors, and hospitals. See Memo—attached Exhibit"1"—Deborah Davis, Arnetha Puckett, Dorothy Evans and Jeanette Brunson's supervisors. 9. List the expenditures you made on account of this accident or injury. There is a continuing wage loss to Happy Tot Daycare/Betty Udy in the amount'of$3,000.00 per month and continuing emotional upset at the accusations of racism. ) Gov. Code Sec. 910.2 provides "The claim must be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO. (Attorney) Name and Address of Attorney ) Howard Mencher ) Law Office of Howard Mencher ) #,�' (Claimant' signature) 1299 Newell Hill Place, Suite 300 ) Betty Udy Walnut Creek, CA 94596-52.20 ) 50 Bonnie Drive' (Address) San Pablo, CA 94806 Telephone No. (925) 930-7501 )Telephone No. __-- (510) 222-8233 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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($10,000),or by both such imprisonment and fine. • .7UH—I Z—}99 TUE /{g03:52... fwft --1Cisyw�r{�+.'+ '��c v 41'", W.,.+�:y:r.e ::::FAX �..+._ .. �t y�,. .. 10'Yf An tM SiWI` WItt Hifi WA W 040 Obb) �VG Memomndm 'tb. Pat CC: Hill Forrest From:Jeanette Data: 06(01/99 ' Re: Bayo Crista Family Child Cue I had the opportunity to mast each of the providers and to review their contract;t would like to retake the following secommcndation. 00 That we don not continue with Deborah Davis and Betty Udy. a Deborah Davis has oonilict of interest she is can the LPC board and re ocives paymem:for children vnmllod in her home. • Betty Udy have a safety and health situation in tier home and Ixer husband sacnts to have problems rel$ting to peo*who is not of tris race.Stay's daughter see tis to bo the same as her f3tthc r acrd that Womm moo bmuse site is Betty's 3aclprex'.The arm troy live is have's strong me MrAi0a# blur and unless they SCINC all fhMillit I do trot w how we can*otttime with them. In addition;,both prrrvide rs am not wilting to=Wvc our rate over their current we. Ms.Davh hat*mwe dislike Aw Conumualty 5+t4=Dkwor. Axnetiat Puckett wtot t wough Head States provkkjr"4atg.wad a.Head$tart hOW4 and was a greduato of Haft Rte F s first dw4W qoMxudjWhM#to parts licewns requirements howevo-she will b+roak A*$Ind situ motive a lot off m WfOrauatiOn CMM at teacher in Hay who Someitimet Mislead Iter Because IN's.Puckett went thmush the ROP progmm rend the H=d Stant TraisrlM 14W she will be a good provider with close sin(((e On. Dovothy Svens 3t very opax has sitended a Couple of my t»*minx and is willing to do vv#taat she#(purr tis for the:dilldrea and fees.With additional Wdnin&sere can be an outstanding g provider. If we 4WS0 atot to ccuttiWa with Vabomb 2 vis and Harty Udy we will Oftd to find platxme.nt for 10 dilldren iftho family CbOM to continue with us. s' r . 1 ......... ....._._. ... ......__. ....... ....._ ....... .......... ........ ............. ......... ..... . 11.11. __.......... -99 "WJE 10�47' AM HM $10(f AiIft-1tt tM nth b1 a oq+� Zaa i _ r. iii r e, durry f, 199'9 • We will have to amaW teach contrail bre AUM WC ewers dY plica S cbildrren in the homes MW they have six therefore we will have to relocate I rhitdr=itrom Arnetha Puckett MA DaMby'Evans. EnbavAstig tWr oontract$:we will have to sm if thc children eroded under Bayo visto are cat-weak or receiving assistant from MY vtbW;tOUVce. Ncw Contracts wW have to be re-vr' ton to reflex all srhanga. • if you are in agresz gnt with mel think Fonda shvut+d Mi A#Achment re Response to No. 3 In attached Exhibit"1"Jeanette Brunson--Contra Costa County's Family Child-Care Coordinator stated that Betty Udy's husband and daughter have problems relating to people not of their race (Betty Udy,her husband and daughters are Caucasian) and Betty Udy cannot continue to work with the County re rendering child care since the area they live in has a strong race relation problem and Betty Udy and her family don't serve all the families and thus the County cannot continue with Betty Udy/Happy Tot Daycare. As of June 18, 1999, the Community Service Department of Contra Costa.County let its contract with Bayo Vista Child and Family Center, Inc. expire re Bayo Vista being in charge of/seeing to it that child care services were rendered. Contra Costa County—Community Service Department was in the process as of approximately June 21, 1999,taking over rendering/being in charge of child care services through the Head Start Family Child Care Services Program of Contra Costa County. Betty Udy was rejected because of racial bias by Ms. Brunson and Contra Costa.County. �jolU CLAIM BOARDCF SUPERNISORS OF CM'"TI2A C!QSTA LTN"nt CAI TFQRMA IWARDG" tQt DECEMBER 1, 1999 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� Y : The copy of this www mailed to you is your California Goverment Codes. % � notice of the action taken on your claim by the Board of Supervisors. {Paragraph IV belov4, given OCT � ��� 5 4�tPlaase 1 "Warnings".to Government Code on 91� and 9l CEZjkL AMOtNT: $115,000.00 MARTN ,CF CLAIMANT: Betty Udy on behalf of Happy Tot Daycare ATTORNEY: Howard Mencher DATE RECEIVED: October 27, 1999 Law Office of Howard Mencher October 27, 1999 ADDRESS: 1299 Newell Hill Rl. , Ste 3ocSY DF,LNERY TO CLERK ON: Walnut Creek, CA 94596-5220 BY MAIL POSThIrARXM` ane - e °rrarad L FROM: Clerk of the Board of Supervisors T`O: County Counsel Attached is a copy of the above-noted claim. PHIL BA LOR, Clerk Dattel: _QQtujer 27, 19 By: Deputy 'T III. FRONL 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 918 and 910.2, and we arta 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 M. PROM Clerk of the Board IQ County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). Tv BOARD ORDEW By unanimous vote of the Supervisors present: t Ibis Claim is rejected in full. O Other: I certify that this is a true and eorroct copy of the Board's Order entered in its minutes for this date. Dated& 7r, iq1 ll PML BATCHELOR, Clerk, By i 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 fife 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 Sae Reverse Side of This Notice. AFMAVIT OF MATING 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 Mrtinez, California, postage full prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated���►^ i By: PHIL BATCHELOR By, ^, Deputy clerk CC: County Counsel County Adsninistmtot Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death of 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 1OWh 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 BETTY UDY on behalf of HAPPY TOT DAYCARE ) Against the County of Contra Costa ) OCT ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$115,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) See attached Exhibit"1"—Memo—written on 6/1/99, on 6/15/99 attached Exhibit"1"—Memo—was read at a County meeting and Betty Udy and Betty Udy on behalf of Happy Tot Daycare were not hired by Contra Costa County—Community Service Department. 2. Where did the damage or injury occur? (Include city and county) San Pablo, El Sobrante and nearby areas—Contra Costa County. 3. How did the damage or injury occur? (Give full details, use extra paper if required) See attachment. 4 What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? The comments By Jeanette Brunson were racially biased, untrue, demeaning and caused Betty Udy/Happy Tot Daycare to lose business—Contra Costa County acted on what Jeanette Brunson said by not hiring Betty Udy/Happy Tot Daycare. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? Jeanette Brunson—Centra Costa County's Family Child-Care Coordinator and ether superiors whose role in this incident re racial bias/not hiring Betty Udy/Happy Tot Daycare is not presently known. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Betty Udy/Betty Udy on behalf of Happy Tot Daycare lost income in that by the County not hiring Betty Udy/Happy Tot Daycare there was a continuing loss of$3,000.00 per month. In addition, there was severe and extreme emotional distress regarding the accusation of racism to the claimants. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Betty Udy/Happy Tot Daycare is losing $3,000.00 per month and the individual,claimants suffered severe embarrassment and emotional upset regarding the racially hostile/bias remarks which were written dawn in attached Exhibit"1"and published at a County meeting on 6/15/99. 8. Names and addresses of witnesses, doctors, and hospitals. See Memo—attached Exhibit"1" -Deborah Davis, Arnetha Puckett, Dorothy Evans and Jeanette Brunson's supervisors. 9. List the expenditures you made on account of this accident or injury. There is a continuing wage loss to Happy Tot Daycare/Betty Udy in the amount of$3,000.00 per month and continuing emotional upset at the accusations of racism. ) Gov. Code Sec. 910.2 provides"The claim must be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) Name and Address of Attorney ) Howard Mencher ) V Law Office of Howard Mencher ) (Claimant's Signature) 1299 Newell Hill Place, Suite 300 } Betty Udy on behalf of Happy Tot Daycare Walnut Creek, CA 94596-5220 ) } 50 Bonnie Drive (Address) San Pablo, CA 94806 Telephone No. f925) 930-7501 )Telephone No. -- f510) 222-8233 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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($10,000),or by both such imprisonment and fine. JUN--1°5--99 TUE 03:52 PM SAYOV Y STA.HEADSTART 5102430811 P.02 JUN-01~89 TUE 10.'47 All Koo START ti Wl'tt FAX P#i. WO NO t0l Mmomnd= W. Pat CC: Bill Forrest From:I ctte Oat*: 06101/99 Ke: ftayo Vista family Child Cue I had the opportunity to oto each of the providers aM to review their contract;I woad like to snake the following rewmmrendatiatr. That we dors not continue with Deborah Davis and Betty Udy. • Deborah Davis lutA conflict of interest she is on the LPC board and receives payment for children carolled in her home, 0 Be y Udy have a safety and health-situation in her home and het husband scans to have problems relating to people who is two of his race.Betty's dwStdor scycttts to bo the am as her father acrid that trostmns mo because she is Betty's WPM The area that'live in bave'a Owag tac+e Mation frrpbl=and.unless they strW all fartmill"r do rot swat how wt can eoatinue with them. In edditiov,booth providers are oat willing to reociv+e our sate over t Heir current rate. Ms.Davit Ms.-4 strmg dislike Aw C*oruunit y Servic+as Vitva or. glut Ptucko t event through Head Start's provider ttatning,was a<Read Start POO*curd was a graduate of Bal ma ROP'-s first el"s 4W wavc W her Noma to P32%itcetuin$!requirements however she will break 40"v4.sM receive a lot cof her ittforslation from a tear in Bay who,sconteti,frm mitletad her.Bemuse Ms, Puckett went through the ROP program*M the Head Start T44alM t JW she will be a good Prover wfth ckm sup+ervixWa. Mrothy Seams is vary opcus,.has attended a ample ofmy training,and is wilting to dot what she ha to for the children and thtetilies.With additional training,the can be arra outstaruling provider. If w+e cl ose trot to c»rorrtiMM with Mbarah Davis grid Hatty Udy we will need to find placement for 10 children if the f►mily Vhoose to continue withers. { ................................................................................................................................................................................................................... JUN--1 S-Vrum 03 :53 PM DA "CIV Y STA_HEADSTART 5102430811 F.03 jUN-01-99 TUE 10:47 Aft HM 5100' WMAt �tiX !ltJ. a!u bib �baY' r. uciuc .Jura t, f»9 ■ We will have to amend their contract bCC&U$G we Ow"tlr Plitt 5 children in the homes Anel they have six therefbra we will haver to Mocate 2 rhildtcn fVbn, Arneths Puckett and T)orothy Evans, Enhanvi,tt their contracts:we will 1<avey So stye if the children e=olled under Bayo visto are cal-work or receiving auistant frOM asty Othar srwr+ce. ■ New Centrads will have to be rre var tten to reflex all chaagcs. If you are in agreement with me I think Forsch should ittitify the pairrunts as to the change start lune 1, 1499 and we should let the providers know our decision Wore June 11, 1999 a Attachment re Response to No. 3 In attached Exhibit"1" Jeanette Brunson—Centra Costa County's Family Child-Care Coordinator stated that Betty Udy's husband and daughter have problems relating to people not of their race,(Betty Udy,her husband and daughters are Caucasian) and Betty Udy cannot continue to work with the County re rendering child care since the area they live in has a strong race relation problem and Betty Udy and her family don't serve all the families and thus the County cannot continue with Betty Udy/Happy Tot Daycare. As of June 18, 1999, the Community Service Department of Contra Costa County let its contract with Bayo Vista Child and Family Center,Inc. expire re Bayo Vista being in charge of/seeing to it that child care services were rendered. Contra Costa County—Community Service Department was in the process as of approximately June 21, 1999,taking over rendering/being in charge of child care services through the Head Start Family Child Care Services Program of Contra Costa County. Betty Udy was rejected because of racial bias by Ms. Brunson and Contra Costa County. CLAIM BQARD DE SU NrISORS OE C.Q A COSTA GY312MT 'I MORN A BOARD AC71 2E 7, 1999 Clstim against the County, or District Governed by the Board of Supervisors, Routing Endowments, ) NOTICE TO CLAIMANT and Board Action All Section teferences are to ) The copy of this dot:urnent railed to you is your California Government Codes. tatice of the action taken on your daim by the ,l✓ ` 1` � Board of Supeervisors. {Paragraph IV belovu?, Oven F1115.4. suant to Government Code Section 913 and OCT '2 7 1999 Please note all `Warnings". AMOUNT: $50,000.00 CoUtjTy COIINScL MARTINEZ,CALIF. CLAIMANT: Nancy Udy ATTORNEY: Hotaard. Nlencher DATE RECEIVED: October 27, 1999 Law Office of Howard Hencher October 27 1999 ADDRESS: 1299 Newell Hill Pl. , Ste 300 BY DELIVERY TO CLERK ON. ' Walnut Creek CA 94596-5220 Hand'-Delivered BY MAIL POSTMARKED. L FROM Clerk of the Board of Supervisors TO. County Counsel Attached is a copy of the above-noted claim. PHIL BA" ltd Clerk � Dated:- OctQber 27, 1999 By: Deputy IL FRONL County Counsel TCT. Clerk of the Board of Supervisors { This claim complies substantially with Sections 914 and 914.2. ( ) This claim FAILS to comply substantially with Sections 914 and 914.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 914.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( } Other: Dated: $y: Deputy County Counsel i IIL FROM Clerk of the Board T11 County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). Btt SER: By unanimous vote of the Supervisors present: This Claim is rejected in full. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: zc_e* 2, 1LT-1 PHIL BATCHELOR, Clerk, By QaO,, Deputy Clerk WARNING (Gov. code secti 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. DAVIT OF MAnJNG 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 than 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:LL�_9�_ IvBy: PHIL BATCHELOR By Deputy Clerk M: ryCiLtt N Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death of 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 100'h 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 NANCY UDY ) ) Against the County of Contra Costa ) {{ 1 ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$50,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) See attached Exhibit"1"—Memo—written on 6/l/99, on 6/15/99 attached Exhibit"1"—Memo--was read at a County meeting and Betty Udy and Betty Udy on behalf of Happy Tot Daycare were not hired by Contra Costa County—Community Service Department. 2. Where did the damage or injury occur? (Include city and county) San Pablo, El Sobrante and nearby areas—Contra Costa County. 3. How did the damage or injury occur? (Give frill details; use extra paper if required) See attachment. 4, "at particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? The comments By Jeanette Brunson were racially biased,untrue, demeaning and caused Betty Udy/Happy Tot Daycare to lose business—Contra Costa County acted on what Jeanette Brunson said by not hiring Betty Udy/Happy Tot Daycare. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? Jeanette Brunson—Contra Costa County's Family Child-Care Coordinator and other superiors whose role in this incident re racial bias/not hiring Betty Udy/Happy Tot Daycare is not presently known. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Betty Udy/Betty Udy on behalf of Happy Tot Daycare lost income in that by the County not hiring Betty Udy/Happy Tot Daycare there was a continuing loss of$3,000.00 per month. In addition,there was severe and extreme emotional distress regarding the accusation of racism to the claimants. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Betty Udy/Happy Tot Daycare is losing$3,000.00 per month and the individual claimants suffered severe embarrassment and emotional upset regarding the racially hostileibias remarks which were written down in attached Exhibit"I" and published at a County meeting on 6/15/99. 8. Names and addresses of witnesses, doctors, and hospitals. See Memo—attached' Exhibit"1" Deborah Davis, Ametha Puckett, Dorothy Evans and Jeanette Brunson's supervisors. 9. List the expenditures you made on account of this accident or injury. There is a continuing wage loss to Happy Tot Daycare/Betty Udy in the amount of$3,000.00 per month and continuing emotional upset at the accusations of racism. Gov. Code See. 910.2 provides"The claim must be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney A Name and Address of Attorney Howard Mencher Law Office of Howard Mencher (Claibbait's Signature);' 1\ 1299 Newell Hill Place, Suite 300 Nancy Udy Walnut Creek, CA 94596-5220 50 Bonnie Drive (Address) San Pablo,CA 94806 Telephone No. (925) 930-7501 )Telephone No. (510)222-8233 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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. r �jYN`laJ—99 TUC VSi..J.4. I'"M .::. .. ...... jL"-01-99 TUE 10.'41 till WO Sl'W t�rRWI.kx FAX rl#1 g4ti i Y. #Jltik k Memor"m tb: Pitt CO: Bill Forrest From:Jeanette Date: 06fol/99 Re: Dago Vista Family Child Cut I had then opponunity to meet each of'the providers and to review their contract;l would like to tuake:the follorering recommendations. r That we don not continue with Deborah Davis and Betty Udy. +� Dt omh Davis IMS conflict ofintcre t she is on the l.PC boar and receives paymem for abildrran enrolled in her home, +� Bedty Udy have;a safety-arid ha<h siuiativn in lex home and'herr husband scorns to have problems relat'mtg to people who.Is not of his ram.t OUY's daughter seems to bis the surae as her finher artd that mitts no bmsust she it Betty's helper. The area they live in have a stwng raw Matioa problem and unless they sar all€ tW(1Vs t do slot trete how we eater*01% ate*ft 04m. In euldition,both plovide:r°s 4 not willing to rocdw atu rate ewer their current rate. Ms.Davis last sut"dislike for traturdty ServicesDiitt d or. Anidba Foe*ou went through Head Start's provider.trabdrig„was a Had Stars parent and was to graduate of Oalboa,lttOP'et first class orad=MOW hWboty'te3 to pass flee swing requirements how+evtr she will bre*.trttles 4W shwa receive it lot of lim inibrtuadart from a towiter in Bay who 4oinetimes mWeAd Jw.Because Ms.Puckett went through the ROP program anti the tiaad Stat VaittlM 1#tel she will be a 9004 provider With curse twpervi"— Dorothy Evans is very app,has sttended s coupler:o#fmy"ain&and Is willing to do v*at she An to for the ddldtea and AmWes.With additfonai tr"*C,vire can be an outatsa ing proWder. +� IT vtv chose not to eontime with Deborsli Davis cad Beaty Udy we will steed to fad pl ace me tit for 10 children if the ft+mily choose to continuer with us. t1 i iRi ii JUN-01-,99 TUE 10# "{i nl iHM SAO lFl •l G .. f'�7ifi YN ii Y a t ra Adv f We will have to amid their contruat because we:ou"gly pl tea S children►in the homes atul they have*Ix therefom we will have to ate 2 oWldrrn flare Arnetha Puckett and Dorothy Evans. F." a tteiat their eontrads.we will have to sec ifthe chrihdrarr trolled under Bayo vista are cal-work or receiving mistant from any other soumre. +� New Contracts will have to be mwntten to reflex all changes. 1f you are in aaremcwWA me I tht*Fom%should Wify the pmas as to the change start lune 1, 1999 and we sho did let do pmviders know our dccision before lune 11, 1999 i a t Attachment re Response to No, 3 In attached Exhibit"1"Jeanette Brunson—Centra Costa County's Family Child-Care Coordinator stated that Betty Udy's husband and daughter have problems relating to people not of their race(Betty Udy, her husband and daughters are Caucasian)and Betty Udy cannot continue to work with the County re rendering child care since the area they live in has a strong race relation problem and Betty Udy and her family don't serve all the families and thus the County cannot continue with Betty Udy/Happy Tot Daycare. As of June 18, 1999,the Community Service Department of Contra Costa County let its contract with Bayo Vista Child and Family Center, Inc. expire re Bayo Vista being in charge of/seeing to it that child care services were rendered. Contra Costa County--Community Service Department was in the process as of approximately June 21, 1999,taking over rendering/being in charge of child care services through the Head Start Family Child Care Services Program of Contra Costa County. Betty Udy was rejected because of racial bias by Ms. Brunson and Contra Costa.County. VU BQAU OF fi1CTEERNIt ORS OF CQMA G"C)STA QM= , CALMORNIA BOARD ACnOAE DE-CE2,16ER 7, 1999 Claim Against the County, or District Governed by } � Board of Supervisors, Routing Endoromrits, } NOTICE` O CLAIMANT end hoard Action All Section references are to } The copy of this'doc rnent rmiied to you is your California Government Codes. } Notice of the action taken on your claim by the t Board of Supervisors. {Paragraph IV below}, liven ` pursuant to Govermmnt Code Section 913 and T 9 7 19-99 915.4. Please note all `Warnings". AMOUNT: $50,000-00 OOiJTy OOt1ldSEL CLAIMANT: Ronald Udy MARTiNFEZ,CALIF. ATTORNEY: Howard Mencher DATE RECEIVED: October 27, 1999 Law Office of Howard. Mencher October 27 1999 ADDRESS: 1299 Newell Hill PI. , Ste 300 BY DELIVERY TO CLERK ON: Walnut Creek CA 94596-5220 Hand-Delivered BY MAIL P � OSKED: L FROM: Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. October 27 .2999 PHIL BA R, Clerk Dated: By. Deputy _ IL FROM: County Counsel TO. Clerk of the Board of Supervise s ("Ibis claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are to notifying claimant. The 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 tate claim (Section 911.3). { ) Other: Dated: By:_L/4 Deputy County Counsel EL FROM Clerk of the Board 7Xk County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 9113). IV. BOATED CIORDER: By unanimous vote of the Supervisors present: 6 This Claim is rejected in full. { ) Either. I certify that this Is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: h r PML BATCHELOR, Clerk, By Deputy clerk WARNING (Gov. code rection 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the `nail to file a court action on this claire. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do to immediately. *For Additional Warning Sex Reverse Side of This Notice. AFFIDAVIT OF MA.[LING 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 full} prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: & ( By: PML BATCHELOR 13y Deputy Clerk cc: County Counsel County Adnm nistmtor Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death of 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 RONALD UDY ) ) Against the County of Contra Costa ) OCT The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$50,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) See attached Exhibit"1"—Memo—written on 6/1/99, on 6/15/99 attached Exhibit"1"—Memo—was read at a County meeting and Betty Udy and Betty Udy on behalf of Happy Tot Daycare were not hired by Contra Costa County—Community Service Department. 2. Where did the damage or injury occur? (Include city and county) San Pablo, El Sobrante and nearby areas—Contra Costa County. 3. How did the damage or injury occur? (Give full details, use extra paper if required) See attachment. 4. What particular act or omission on the part of county or district officers, servants, or employees caused. the injury or damage? The comments By Jeanette Brunson were racially biased, untrue,demeaning and caused Betty Udy/Happy Tot Daycare to lose business—Contra Costa County acted on what Jeanette Brunson said by not hiring Betty Udy/Happy Tot Daycare. 5. What are the names of county or district officers, servants, or employees causing the damage or injury? Jeanette Brunson—Contra Costa County's Family Child..-Care Coordinator and other superiors whose role in this incident re racial bias/not hiring Betty Udy/Happy Tot Daycare is not presently known. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Betty Udy/Betty Udy on behalf of Happy Tot Daycare lost income in that by the County not hiring Betty Udy/Happy Tot Daycare there was a continuing loss of$3,000.00 per month. In addition,there was severe and extreme emotional distress regarding the accusation of racism to the claimants. 7. How was the amount claimed above computed? (Include the estimated amount',of any prospective injury or damage.) Betty Udy/Happy Tot Daycare is losing$3,000.00 per month and the individual',claimants suffered severe embarrassment and emotional upset regarding the racially hostile/bias remarks which were written down in attached Exhibit"1"and published at a County meeting on 6/15/99. 8. Names and addresses of witnesses,doctors,and hospitals. See Memo--attached Exhibit"1"—Deborah Davis,Arnetha Puckett, Dorothy Evans and Jeanette Brunson's supervisors. 9. List the expenditures you made on account of this accident or injury. There is a continuing wage loss to Happy Tot Daycare/Betty Udy in the amount of$3,000.00 per month and continuing emotional upset at the accusations of racism. Gov. Code Sec. 910.2 provides"The claim must be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) Name and Address of Attorney 10 Howard Mencher ) i Law Office of Howard Mencher ) ( ant's Sig "110-fl, 1299 Newell Hill Place, Suite 300 ) fRonald Udy , Walnut Creek., CA 94596-5220 ) 50 Bonnie Drive (Address)' San Pablo CA 94806 Telephone No. (925)930-7501 )Telephone No. (5101222-8233 NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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($10,000),or by both such imprisonment and fine. f.rot4-15-99 TUE 0SV52 PM <;. j JtJll-01-89 TUE I U*.4 T All #1kAil Mr iittWU FAX 19 410 440 001 t'. W/W _ k Memorxidm 'ro: Pat CC Bill Forrest Fremn:Jeanette l ado, ti 1199 Re: Daya Vista Family Child Care I had the opportunity to meet each of the providers and to review their contract;l would like to make the following recommendation. 40 That we dela not oontinue with Deborah Davis and DWy Udy.' 4 Deborah Davis has conflict of interest she is on the t.PC board and receives payment for children cuur 6lieyd in her hom, Betty Udy have,et safety end health situation in her home and her husband suns to have probiems relating to prole who Is not of his races.ScRy's daughter somm to be the sante as her*thewr acrd that waccras no because she is Betty's helper. The ams they live in bave'a strons tam Mation problem and unless they sem all famIllcs i do riot see how we can vontintue with thorn. to edditkuk berth Providers Am coat willing to txo*vc our este over their current rata Us.Vavis has*SUOM diaFhU feu'Ce Ont a City SffV1raetaDhVdor. Am tlha Prickett wear th mm&Mad Start's provider ftWt g.was a 9=4 Suer patent and was a graduate ofBaM$o&Stt?P*s first dmaad eaor vdW 1W how to pass iicetWol:require:mads howe vv"will bo*tu*saadshoe ream a lot offm information fair»at teat'lser in Say who 4ometiam mitl+eml Jw.$muse Ms. Puckett went through the ROP program ratio the Head Start Tarultalag.,l A*will be a good i+rovWe r with do"supervision. Dorothy.Bvens is very opm has attended s couple of try t>raiain&*ad 3s wilft to do witat she;.hits to for d w c Moa mW.fbmtiieus.With aufdttfoaa 1,traialn ,,alae ern be run ou:tstartding#srewi#er. It"chose not to vontlnue:whir Odv ah thvis&W Sty Udy we will need to find pUcemeat tor 10 children if the fhmiiy chorus to cokntltuurs with tm l d k jUtt"Gt$9 WE 10s47 Aft HM SCft T tiltWItt: rix 1u4J. ON +aqo 0001 r, ucruc • We wilt tzavc to Amend thctr amtrsct because we currwly plea S ebiidren in the homes VW thoy have six thOfore we wilt have to ndotate 2 Owwrcn tom Arneths Puckett and Dorothy Evans. F."bancletc their contracts:we wilt have to see iif the children erolled ender Bayo visto are cat-work or receiving assistant from enY other sSotuce. a Naw Contrada will have to be re vnittan to reflex all chtaagas. • if you are in agreemerd with mel think Fonda should i'iotifY tho pang as tti the change start Jute I, 1999 and we should let the providers know out decision before June 11, 1999 i i t iE i I t t attachment re Response to No. 3 In attached Exhibit"1'° Jeanette Brunson—Contra Costa County's Family Child-Care Coordinator stated that Betty Udy's husband and daughter have problems relating to people not of their race(Betty Udy,her husband and daughters are Caucasian) and Betty Udy cannot continue to work with the County re rendering child care since the area they live in has a strong race relation problem and Betty Udy and her family don't serve all the families and thus the County cannot continue with Betty Udy/Happy Tot Daycare. As of June 18, 1999,the Community Service:Department of Contra Costa County let its contract with Bayo`lista Child and Family Center,Inc. expire re Bayo Nista being in charge of/seeing to it that child care services were rendered. Contra Costa County--Community Service Department was in the process as of approximately June 21, 1999,taking over rendering/being in charge of child care services through the Head Start Family Child Care Services Program of Contra Costa County. Betty Udy was rejected because of racial bias by Ms. Brunson and Contra Costa County. CLABI OAgD OF SjM€`RMogS QE CO�� O)STA Q4 _ M CALTFQRMA BOARD ACTIO DECEMBER 7, 1999 Claim Against the County, or District Governed by the Board of Supervisors, Routing EWorsem rets, TIC TO CLAIMANT and Board Action All Section references are to 'the copy of this do=nent mailed to you is your California Government Codes. ; s notice of the actino taken on your claim by the Board of Supervisors. {Paragraph IV below, given -' wscant to Goverment Code Section 913 and OCT 2 7 19999 915.4. Please note all "Warnings". AMOUNT: $1,000,000.00 COUNTY COUNSEL MARTINEZ,CALIF, CLAIMAN"r: Chika-la Warden AMP34EY: DATE REC.E D: October 27, ' 1999 ADDRESS: 1323 Visalia, #k8 BY DELIVERY TO CLERK ON: October 27, 1999 Richmond CA 94844 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. October 27 1999 PHIL BAT Clerk Dated: ' By: Deputy ` `� IL FROX, County Counsel T'lr?: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. t ) 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 61III. PROK Clerk of the Board TCi►:, unty Counsel (I) County Administrator (2) ( ) Claim was returned as untimely with n 'cc to claimant (Section 911.3). TV. BOARD ORDER: By unanimous vete of the Supervisors present: ( This Claim is rejected in full. ( � Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: � `?,/�i�� PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 9 3) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the hail 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 NSG 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 19; and that today I deposited in the United States Postal Service in Martinez, California, postage full) prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: . ., M97 By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator SHARON HYMES-4FFQRD CLAIM AGAINST CONTRA COSTA COUNTY OCT 2 6 1999 TO: CONTRA COSTA COUN'T'Y OFFICES AT 50 DOUGLAS MARTINEZ: The claimant herein presents the following claim for damages against the above-named governmental agency and in compliance with Section 910 of the California Government Code sets forth in detail the following information: ,A. The name and post office address of the claimant is: SEE ATTACKED B. The post dfice address to which notices in connection wi this claLn are tQ be amtto: Kelley Ann Burg,Attorney at Law, 124 A.Washington Avenue P.O. Box 70231 Point Richmond, CA 94807-0231. C. The date, julace and cir ums -es of.the occurrence which give risQ LQ the glzim e follows: SEE.ATTACHED. D. A eneral description of the injuries and the loss incurreds f is known ti the present e is as follows: SEE ATTACHED E. The name of the public ern 1p ovee causing the injury is: CONTRA COSTA COUNTY, CONTRA. COSTA COUNTY DISTRICT ATTORNEY, CONTRA COSTA WORDS & MAINTENANCE, names unknown. F. The as of the presentation of this claim is: 1. Medical Specials,Incidental and Consequential Damages to Date $ unknown " s 2. Future Medical unknown , 3. Incidental and Consequential Damages unknown t, g�JtSt? S 4. General Damages $1000,000.00 Total $1,000,000.00 Dated: October 13, 19999 -� " a B r r Y IEL LEY�lti URG Attorney for ai ant, CHIKAL.A WARDEN COUNTY OF CONTRA COSTA REPORT EVERY ACCIDENT AS SaON AS POSSIBLE TO PUBLIC LIABILITY ACCIDENT Risk Management Division (QTH39R TELW AUTOMOBILE) 2530 Arnold fir.,Ste.#140 Martinez,CA 94553 (925)335-1440 DATE Of TIME THE _ _ C ACCIDENT �.. f L ' € ' . OI* --- ACCIDENT NAME STREET ADDRESS V1 jcITY STATE TELEPHONE OCCUPATION i HI~ WHAT WAS INJURED CiOMI: WHEN HURT? INJURY NATURE AND EXTENT OF INJURY ` WHERE WAS INJUREDT EN AFTER ACCIDENT? " -- � �- NAME OF DOCTOR OR HOSPITAL V-2 OWNER ADDRESS TELEPHONE PROPERTY KIND PROPERTY AND EXTENT CIF DAMAGE DAMAGE E'IMiATEDCOS!0:REPAtP NAME ADDR 55 TELEPHONE F NAME ApbRESS TELEPWO E WITNESSES t 6'a # NAME ADDRESS TELEPHONE )ATE SIGNATURE O�REPORTING PARTY SIGNATURE OF SUPERVISOR DEPARTMENT Q, TC B CO P1. 5 NY INVESTIGATOR $Y WHOM INVESTIGATED DATE COMPLAINANT 5STATEMENT COUNTY'S'S II#�V X�lES T�^t 1` STATE WHETHER OR NOT YOU THINK CLAIM WILL BE MADE GATION OF REMARKS AND RECOMMENDATIONS ACCIDENT POLICY REPORT? WHERE APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT DECII ER 7, :1999 Against the County, Routing ) The copy of this acumen mai ed to you is your Endorsements, and Heard Action.) notice of the action taken on your appli ation by (All Section References are to the Board of Supervisors (Paragraph III, below) California Government Code.) ) given pursuant to Government Code Sections 911.6 and 915.4. Please note the "WAMM" below. Claimant: PAULA J. DAVIS, R.N. Attorney: c/o E. Anthony Edwards Sei.bel, Finta & Edwards Address: ATtorneys at Law 4w 1850 Mt. Diablo Boulevard, Ste. 5.50 Amount: Walnut Creek CA 94596 By delivery to Clerk on October 25, 1999 Date Received: October 25, 2999 By mail, postmarked on October 22, 2999 I. Clerk of the Board of Superv#-sors Tot C6mty�'Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: October 26, 1999 p , BATCHELOR, Clerk, By Deputy I. County Course : 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: 167 VICTOR WES MANN, County Counsel, By Deputy Iff. BO -off E R By ung mous vo e of Supervisors presen (Check one only) ( ) This Application is granted (Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). Z certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: PHIL BATCHELOR, Clerk, By � Deputy WARTM (Gov. Code 3911.8) 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 presentationrequirement). See GoverMant Code Section 946.6. Such petition must be filed with the court within nix (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 yreur choice in owr*otion with this matter. If M want to consult an attims YOU sbould do so ima'ediatel . V. : Clark of Etas 95013 TO: 1 County Counsel (2) County AdmInIstratOr 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: t .�� �f�i� ,P'HIL BATCHELOR, Clerk, B'y Deputy V. Fri: 1 County Counsel County Wdminidtrator TO: Cleer of the Boaz of Supervisors Received copies of this Application and Board Order. DATED: County Counsel,, By County Administrator, BY APPLICATION "TO FILE LATE CLAIM EIDEL, FINTA & EDWARDS A LIMITED LIABILITY PARTNERSHIP Phone(925)947-1600 ATrORNFYS AT LAW Fax(925)947-1990 1860 MT.DIABLO BOULEVARD SUITE650 WALNUT CREEK,CA 94596 E-rriail.ed.arr61aw t�i bigplariet.com October 22, 1999 4 ........... ... Beard of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 RE: Late Claims of Paula J. Davis, R.N. Dear Members of the Board of Supervisors: I am the attorney representing Mrs. Paula J. Davis, R.N., a nurse employed at Contra Costa Regional Medical Center. Mrs. Davis has not been paid her 10 year longevity pay since her anniversary date on April 8, 1989. At that time, she should have received a two percent(2%) increase on her base pay. This amount has never been paid and presently the sum of$6,281.60 is owed. Mrs. Davis should have also been paid a four percent(4%) increase on her base pay on her 15 year anniversary which would have been in April 1994. This amount also remains unpaid for an amount due in the amount of$13,577.92. Thus, the total amount owed to Mrs. Davis is $22,242.66. Mrs. Davis contacted the undersigned on or about August 3, 1999. On September 21, 1999, I filed a claim with the county on behalf of Mrs. Davis. Thereafter, I received a lnotice of untimeliness as to a portion of Mrs. Davis's claim. Consequently, I am now requesting leave to present a late claim as to the claims which have been deemed untimely. Pursuant to that determination, enclosed please find Mrs. Davis's petition for leave to present her late claim, inclusive of a copy of Contra Costa County's Office of Counsels letter denying a portion of Mrs. Davis's claim. Sincere f ff j AIDS FAE/nlb Enclosure r Web Page;Lawyert.com Q MarfimWe-HubbeU I F. Anthony Edwards, Esq. SBN: 181606 SEIBEL,FINTA& EDWARDS 2 1850 Mt. Diablo Boulevard, Suite 650 Walnut Creek, CA 94556 3 Telephone: 925-947-1600 Facsimile: 925-947-1950 T __. 4 5 6 Attorneys for PAULA J. DAVIS 7 8 STATE OF CALIFORNIA 9 BOARD OF SUPERVISORS-ADMINISTRATIVE CLAIMS 10 11 12 In the Matter of PAULA J. DAVIS, PETITION FOR LEAVE TO PRESENT 13 Administrative Claim pursuant to the California LATE CLAIMS Tort Claims Act 14 15 16 PAULA J.DAVIS,by and through her attorney F.ANTHONY EDWARDS,hereby submits her 17 administrative claim pursuant to the California Tort Claims Act for damages, stated as follows: 18 SUMMARY OF FACTS 19 Mrs. Davis is a registered nurse employed at Contra Costa Regional Medical Center. Her 20 date of employment was April 8, 1979. Pursuant to the terms, agreement and conditions of her 21 employment, her employer was obligated to pay her two percent (2%) of her gross pay as additional 22 longevity pay, beginning on her 10th year anniversary from the date of her hire. Her employer failed 23 to pay as required, and did not notify Mrs. Davis nor did she discover their failure to pay. 24 Thereafter, on the 15 year anniversary from her date of hire, her employer was obligated to 25 pay four percent (4%) of Mrs. Davis's gross revenue as additional longevity pay, until such a time that 26 1 she may retire. Her employer failed to pay as required, and did not notify Mrs. Davis of their failure. 27 Pursuant to provisions of the Labor Code, wage payments may not be waived, changed or altered by 28 any collective bargaining agreement, and Mrs. Davis's union has not pursued her wage claim for her t 1 benefit. Mrs. Davis hereby makes this claim for her unpaid longevity pay, inclusive of interests that 2 are payable on bath the two percent (2%) and the four percent(4%) longevity back pay. 3 LIABILITY 4 A. Two Percent(2%)Longevity For Ten Years. 5 Mrs. Davis was hired on April 8, 1979. Her ten year anniversarydate is therefore April 8, 6 1989. On that date, her average salary was $30.20 per hour, making her annual average base salary 7 $62,816. On this amount she should have been paid an additional 2% equal to $1,256.32. This 2% 8 longevity pay should have been paid for five years which is equal to $6,281.60. 9 B. Four Percent(4%)Lon eg_vity After 15 Years. 10 Mrs. Davis should also have been paid an additional 4% on her 15 year anniversary which 11 would have been April, 1994. Again, her annual average base salary is $62,816, on which a longevity 12 pay of 4% should have been paid, equal to $2,512.64. This amount of yearly longevity pay should 13 have been paid from April 1994 to the present, for a total of$13,577.92. 14 Mrs. Davis did not become aware of the shortfall in her pay until she had her pay slips 15 reviewed by counsel on or about August 3, 1999. 16 DAMAGES 17 The total longevity pay for both the 2% and 4% additional pay equals $19,859.52 due and 18 payable. 19 To which Mrs. Davis applies the legal rate of interest of 12%for'a total immediately due and 20 payable of$22,242.66. 21 CONCLUSION 22 Mrs. Davis hereby petitions the County for payment of her longevity pay in the amount of 23 $22,242.66 as set forth herein pursuant to the terms and conditions of her employment and the 24 applicable law. 25 DATED: OCTOBER.22 1999 S , INT A& ns 26 27 ANTRONY E ADDS Attorney for PAULA J. DAVIS 28 2 'ifICTOR J.WESTMAN - = oePuTlEs: PHILLIP S.ALTHOFF COUNTY COUNSEL JANICE L.AMENTA NCRAG.BARLOW B.REBECCA BYRNES SILVANO S.MARCHESI ANDREA W.CASSIDY CONTRA COSTA 0.0UNTY MONIKAL.COOPER CH IEF ASSISTANT COUNTY COUNSEL s., VICKIE L.DAWES OFFICE ( fjHE C OU_N"T�YI COUNSEL MARKES.ESTIS MICHASHARON L.ANDERSON LILUAN FUJII R .�t1bMINlSTRATtOrlglttLiliNG," LILLtANT.FtSJtI ASSISTANT COUNTY COUNSEL 651,PINE STREET,0h FLO'bA DENNISC.GRAVES JANET L.HOLMES MARTINEZ,C%IFORNIA'94553-1229 KEVIN T.KERR GREGORY C.HARVEY <, z, BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE.JR. BEATRICE LiU MARY ANN MASON GAYLE MUGGLI _ .. PAUL R.VALERIE J.RAJ.RA NOHE OFFICE MANAGER STEVEN P.RETTIG 1 DAVID F SCHMIDT ILVER PHONE(925)335-1800 NOTICE OFUNTIMELINESS BAR A RA N.ER BARBARA N.SUTLIPFE FAX(925)646-1078 AS TOA PQRT'ION OF THE CLAIM JACQUELINE Y.WOODS TO: F. Anthony Edwards Siebel, Finta & Edwards 1850 Mt. Diablo Blvd., Suite 650 Walnut Creek, California 94596 RE: Claim of Paula J. Davis Please Take Notice as Follows: In regards to the claim you submitted on September 30, 1999, portions of your claim are timely and portions are untimely. The portions of your claim prior to March 30. 1999 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with 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 30. 1999 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action on the timely portions of the claims. 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 as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under 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 By: Gtr tY12 Monika L. Cooper Deputy County Counsel I:\TORT\R1SK-MGT\CLAIMS\UNTIMELY\Davis.WPD Page I CERTIFICATE DF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing it in an envelope addressed as shown above,sealed and postage folly 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 5, 1999,at Martinez,California. Monika L.Cooper cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 oo to r- CD ON v, a yt D iJ r+ yip M } To: BOARD OF SUPERVISORS Iq FROM: Phil Batchelor, County Administrator uontrdo% DATE: December 7, 1999 SUBJECT: Final Settlement of Claim Matthew Nicholas vs. Contra Costa County Uounty Superior Court No. C99-00750 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning subject final settlement and payment from the Automobile Liability Trust Fund in the amount of$900,000. BACKGROUND/REASONS FOR RECOMMENDATION: Thomas A. Watrous, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the automobile liability claim of Matthew Nicholas vs. Contra Costa County. This Board's November 16, 1999 closed session vote was: Supervisors Canciamilla, Gioia, Uilkema, and DeSaulnier, yes; and Gerber, absent. This action is taken so that terms of this final settlement and the earlier', November 16, 1999 closed session vote of this Board authorizing its negotiated settlement are known publicly. Fr CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENUTION OF-86ARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON DECEMBER7, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD UNANIMOUS (ABSENT None — ) OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED DECEMBER 7, 1999 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Ron Harvey—335-1443 cc: CAO Risk Management Auditor-Controller BY t �, i DEPUTY TO: RVISORS BOARD OF SUPE FROM: Phil Batchelor, County Administrator & n t DATE: December 7, 1999 ' Costa SUBJECT: Final Settlement of Claim Uoul ty J. & D. Fellows vs. Contra Costa County '' ' Superior Court No. C99-00521 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning subject final settlement and payment from the Medical Liability Trust Fund in the amount of$155,000. BACKGROUND/REASONS FOR RECOMMENDATION: Thomas G. Manning, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the medical liability claim of Jerry and Donna Fellows vs. Contra Costa County. This Board's November 16, 1999 closed session vote was: Supervisors Canciamilla, Gioia, Uilkema, and DeSaulnier, yes; and Gerber, absent. This action is taken so that terms of this final settlement and the earlier November 16, 1999 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: YES SIGNATURE: 7� i RECOMMENDATION OF COUNTY ADMINISTRATOR `-RECCWMENDATION BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON DECEMBER 7, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD X UNANIMOUS (ABSENT Nnnp OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED DECEMBER 7, 1999 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Ron Harvey—335-1443 cc: CAO Risk Management Auditor-Controller BYJ DEPUTY 09-19-2000 CONVENE CS MEETING OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY September 19, 2000 Vice-Chair Gayle Uilkema convened the meeting of the Board of Supervisors this day at 9:10 a.m. in the Board Chambers, Room 107, of the County Administration Building, 651 Pine Street, Martinez, California. The Clerk called the roll, and Supervisors present were: Supervisor John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mark DeSaulnier, District IV Supervisor Joseph Canciamilla, District V The Chair then adjourned the meeting to Closed Session in Room. 105 of the County Administration Building pursuant to the Closed Session Agenda attached. At 9:40 a.m. with the above Supervisors present, the Board reconvened in its Chambers. The Chair announced that no reportable action was taken in Closed Session. The Board then proceeded with its Agenda. Attested: Phil atchelor, Clerk of the Board and the Co ty Admi rator � 11 By: ° Aran erne , deputy Clerk SUPPLEMENTAL CALENDAR OF CLOSED SESSION I'T'EMS FOR THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS ROOM 107 AND ROOM 105, ADMINISTRATION BUILDING, 651 PINE STREET,MARTINEZ, CALIFORNIA, TUESDAY, SEPTEMBER 19, 2000, 9:00 A.M. AND THEREAFTER DURING THIS REGULAR SEPTEMBER 19, 2000 MEETING A. EXISTING LITIGATION-CONFERENCE WITH LEGAL COUNSEL. (LITIGATION HAS BEEN FORMALLY INITIATED. Gov. Code 54956.9{A).) Cases: I. City of Brentwood v. County of Contra Costa, et al., C.C.C. Sup. Ct.No. 000- 03741. 2. City of San Ramon v. County of Contra Costa, et al., C.C.C. Sup. Ct. No. 000- 03745. 3. Finley-Tassaiara Corporation v. County of Contra Costa, et al., C.C.C. Sup. Ct. No. C00-03704. 4. Mission Peak Hames, Inc. v. County of Contra Costa,C.C.C. Sup. Ct. No. 000- 03745. 5. Roddy Ranch.LLC v. Co. of Contra Costa, et al., C.C.C. Sup. Ct. No. C40-03734. B. LIABILITY CLAIMS Claimant: Veronica Mederos Am ncv Claimed Against: Contra Costa County rp:�AA9-22.doc