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MINUTES - 02231999 - C20
CLAIM BOA UREK�m COT CALIFORNIA COS TYO Bo ABp A0 _February 23, 1999 Claim Against the County, or [District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section re#stances s` g The copy of this document mailed to you is your California Governrnent Codes. notice of the action taken on your claim by the Board of Supervisors. {Paragraph IV below, given AN, a 3� .` "S pursuant to Government Cade Section 913 and 815.4. Please note all "Warnings". AMOUNT: image, medical, miscellaneous, and general damages CLAIMANT: Robertwade Bethke ATTORNEY: William E. Gagen' Jr. , Esq` DATE RECEIVED: January 15, 1999 Gagen, McCoy, lMcMlahon & Armstrong ADDRESS: A Professional Corporation Y DELIVERY TO CLERK ON: - January 15� 1999 279 Front Street, P.C . Box 21 - Danville, CA 94526 BY MAIL POSTMARKED: Hand-delivered ill' FRONE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted claire. PIEL BA' LOR, Clerk ] Dated: � , ���. By: Deputy Tt FRONt County Counsel TO: Clerk of the Beard of Supervis(Yrs { .,,)"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 Beard 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: - - Bated: _ Deputy County Counsel III. FR04— Clerk of the Board 'f'O: County Counsel (1) County Administrator (2) ( ) Claire was returned as untimely with notice to claimant (Section 911.3). IV..00ARD ORDEEL- 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 CIerk WARNING (Gov. code section V 13) 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 Cade 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. AFMAVIIT OF NLkILJNG 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:_ ° fes ° i By: PIRL BATCHELOR IBy � "� r� � ` Deputy Clerk CO County Counsel County Administrator WILLIAM E. GAGEN, JR., #043832 GAGEN, McCOY, McMAHON & ARMSTRONG 2 A Professional Corporation 279 Front Street, P.O. Box 218 3 Danville, CA 94526-0218 h.,N Telephone (925) 837-0585 Attorney for Claimant s ROBERT WADE BETHKE ' ` 6 4 7 8 STATE OF CALIFORNIA, CONTRA COSTA COUNTY 9 10 11 ROBERT WADE BETHKE NO. 12 Claimant, 13 VS. NOTICE OF CLAIM AND CLAIM FOR.PERSONAL INJURIES 14 CONTRA COSTA COUNTY AND (GOVERNMENT CODE § 910) DOES 1 THROUGH 50, INCLUSIVE, 15 Defendants. 16 / 17 TO CONTRA COSTA COUNTY AND DOES 1 THROUGH 50, INCLUSIVE: 18 ROBERT WADE BETHKE hereby claims damages against CONTRA COSTA 19 COUNTY as asserted hereinafter: 20 1. CLAIMANT: Robert Wade Bethke 1809 S. 47 Street 21 Temple, TX 76504 Date of Birth: 10/14/68 22 2. SEND NOTICES TO: WILLIAM E. GAGEN, JR., ESQ. 23 Gagen, McCoy, McMahon & Armstrong Law Offices A Professional Corporation GAGEN,MccoY,24 279 Front Street, P. O. Box 218 McMAHON& Danville, CA 94526 ARMSTRONG 25 AProfessional 3. DATE OF INJURY: July 21, 1998 Corporation 26 279 Front Street Danville,CA 94526 NOTICE OF CLAIM AND (925)837-0585 CLAIM FOR PERSONAL INJURIES F:\CLWEG\31324\CCclainuPld8 4. LOCATION OF INJURY/INCIDENT: Marsh Creek Road EIB, 2 w/of Camino Diablo, Unincorporated, Contra Costa.County, California, -- a 3 public roadway designed by, constructed by, and maintained by Contra 4 Costa County. s 5. HOW INCIDENT/INJURY OCCURRED: On July 21, 1998 at 6 approximately 12:30 a.m. two vehicles were involved in a collision which 7 caused injuries to four individuals,resulting in the death of one individual. a Claimant, Robert W. Bethke, was traveling westbound on Camino Diablo. a Mr. Bethke stopped at the stop sign on Camino Diablo before entering the 10 westbound lane of Marsh Creek Road. A second vehicle driven by Elvin al Tabon Oamilda was traveling eastbound on Marsh Creek Road towards Mr. 12 Bethke. The two vehicles collided. The incident occurred at a portion of 13 Marsh Creek Road where the design, configuration, construction, and 14 maintenance of the roadway is such that motorists proceeding eastbound on is Marsh Creek Road and westbound on Camino Diablo face a situation where, 16 by the time an oncoming car is seen, it is too late to take evasive action and a 17 head-on collision is inevitable. Camino Diablo at its entrance to Marsh is Creek Road has become a major route with traffic having to cross the Marsh 19 Creek Road eastbound lane to travel westbound on Camino Diablo. No 20 traffic signals or stop signs govern the course of travel of motorists 21 proceeding eastbound on Marsh Creek Road. 22 6. INJURIES: As a result of this incident, Claimant Robert Wade 23 Bethke suffered major injuries, including but not limited to. fracture of the Law Offices GAGEN,McCOY,24 pelvis with socket displacement,proximal tibia fracture, open fracture of McMAHON& ARMSTRONG 25 heel bone, calcanius destruction, severed artery, and disruption of the heel A Professional Corporation 26 bone joint. Claimant was taken by ambulance from the scene of the accident 279 Front Street Danville,CA 94525 NOTICE OF CLAIM AND (925)837-53585 CLAIM FOR PERSONAL INJURIES —2— F:\CLWEG\3I324\CCclaimPidg I to Sutter Delta Medical Center in Antioch for initial emergency treatment to 2 be followed by transfer to Kaiser Hospital in Walnut Creep for hip surgery, 3 foot surgery, and spilled nursing care. He has been treated in both California 4 and Texas and remains under treatment at this time. 5 7. 'WAGE LOSS: At the time of the accident Claimant had been 6 employed at Livermore Laboratories as a result of the accident, he remains 7 totally disabled from work. His loss of income to date approximates s $22,000. The treating physicians predict that the earliest he could return to 9 work is three years. This means a minimum projected wage loss over the 10 next three years of$102,000. It is impossible to predict whether he will ever 11 be able to return to gainful employment so this number could be greatly 2 increased. 13 8. DATMAGES: 14 a) Medical Expenses: Medical expenses related to emergency is treatment at Sutter Delta total $29,762.20. Projected past costs of surgery, 16 intensive care treatment, and nursing care at Kaiser approximate $100,000. 17 In addition, skilled nursing in Fort Worth, Texas, and ongoing therapy is amount to approximately $10,000 at this time. It has been predicted by his 19 treating orthopedic surgeons that he will require three hip replacements 20 during the course of his life with a future projected cost of$130,000. 21 b) Property Damage: Vehicle loss of$5,000. 22 c) Miscellaneous Expenses, including transportation to Texas in order 23 to gain family help for care is $500. Law Offices GAGEN,McC©Y,24 d) General Damages for pain, discomfort, emotional distress, McMAxoN& ARMSTRONG 25 disability, and future disability and emotional stress -- unable to predict at A Professional Corporation 26 this time but conservatively, $3,000,000. 279 Front Street Danville,CA 94525 (925)837.0585 NOTICE OF CLAIM AND CLAIM FOR PERSONAL INJURIES —3— F:\CLWEG\3I324\CCclaitnPldg I Mr. Bethke is severely injured, has residual physical and emotional 2 problems, and therefore has suffered and continues to suffer damages for 3 pain and suffering and emotional distress. DATl1D. January , 1999 GACEN, McCOY, McMAHON& ARMSTRONG A Professional Corporation s n By a illia ag r. 7 Attorn yy for Claimant S 9 10 11 12 13 14 1s 16 17 1s 19 20 21 22 23 Law Offices GAGEN,McCOY,24 MCMAHON&c ARMSTRONG 25 A Professional Corporation 26 279 Front Street Danville,CA 94525 (925)837-0585 NOTICE OF CLAIM AND CLAIM FOR PERSONAL,INJURIES — _ F:\CLWEG\31324\CCc1annP1dg 1 Declaration of Personal Service 2 I, the undersigned, declare: 1 3 That I am a citizen of the United States, over the age of eighteen years, and not a 4 party to the foregoing action; that my business address is 279 Front Street, Danville, 5 California. to That on January 15, 1999 I personally served copies of the NOTICE OF 7 CLAIM AND CLAIM FOR PERSONAL INJURIES (GOVERNMENT CODE § 9 910) on: 9 County Counsel Contra Costa County 10 651 Pine Street Martinez, CA 94553 I declare under penalty of perjury that the foregoing is true and correct. 12 Executed January 15, 1999 at Danville, CA 13 14 is Mary B�iner 16 17 1e 19 20 21 22 Law Offices 23 GAGEN,McCOY, McMAHON& 24 ARMSTRONG A 1Proiessional 2 5 Caraoration 279 Front Street 2 6 Danville,CA 94526 (5101)837-0585 —� CLAIM BOARD'. QE SUEMSORS OF CONTRA r IA QXINnsCALIM , LA FEBRUARY 234,,1999 Crim Against the County, or District Governed by � the Board of Supervisors, Routing Endorsements, 1 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 tiv actiontaken on your claim by the y Board of€ Supervisors. pursuant to vernment�CodeaSectioIV ne1{9 3angd en 915.4. Please note all "Warnings". AMOUNT: $100,000.00 r' „ U r f M= CLAIMANT: M.arkeysha Bilal, rquisha Bilal ATTORNEY: George A. Harris, III DATE RECEIVED: January 12, 1999 1300 Clay Street, Ste. 600 ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON: January 12, 1999 BY MAIL POSTMARKED: Hand—delivered L FROM E Clerk of the Board of Supervisors TO. County Counsel Attached is a copy of the above-noted claire. Dated: January 1 PHIL BATLOR, Clerk 1999 By: Deputy IL FRONT: County Counsel TO: Clerk of the Board of Supervisors This claire complies substantially with Sections 910 and 930.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: ;,., Duty County Counsel IIIc, FROWN 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: (1 ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated._ r PHIL BATCHELOR, Clerk, $ :. ,� ,r'", � ..�.. y , Deputy Clerk f L 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 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. AFFMA'VIT OF 1V€4B., iG 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 clajm t�as shown above. Bated. _ - By: PHIL BATCHELOR $y s fi' ,f -lYeputy Clerk County auns ? st, or claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INST UCTIQNS TO QLAIMM A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before. December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or anter 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 Beard 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. fid:. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp Markeysha Bilal, Marquisha Bila R Against the County of Contra Costa) or ) District) VIA, (Fill in name) ) zy The undersigned claimant hereby snakes claim against the County of Contra Costa or the above-named District in the sum of $100, 000 and in support of this claim represents as follows. 1. When did the damage or injury occur? (Give exact date and hour) July 13, 1998 at approximately 13; 15 2 . Where did the damage or injury occur? (Include city and county) CCC Dept of Social Services, 151 Linus Pauline Dr. , Hercules, CA 3. How did the damage or injury occur? (Give full details, use extra paper if required) Markeysha Bila' arrived at the Dept. to receive her mail (she was using the dept. as her mailing address) and to conduct some [cont. ] 4. What particular act or emission on the part of county or district officers, servants or employees caused the injury or damage? Markeysha and Marquisha Bilal were attacked by CCC Social Svcs security officers. Markeysha was tackled to the around, and her arm was fractured. (over) 3. [cont. ] official business. on the pretense of being summoned by a social worker, Security Officer Fiso confronted Markeysha Bilal verbally then physically. officer Fiso put Ms. Bilal in a wrist lock, causing a fracture to occur. When Ms. Bilal attempted to defend herself, Officer .Fiso tackled her to the ground and subsequently physically forced her out of the building. When Ms. Bilal attempted to re-enter, officer Fiso and Officer 'Toney attacked her, again tackling her to the ground. In the course of the attack, Ms Bilal suffered injuries to her body and the offiers also pulled out a chunk of her hair. When Marquisha Bilal (Markeysha' s daughter) attempted to assist her mother, she too was physically assaulted by the security officers. Hercules police were called. Ms. Bilal was arrested and charged under Pen Cade C 245(a) . Her car was towed under Cal Veh. Code § 22651 (h) . a. What are the names of county or district officers, servants or employees causing the damage or injury? Christopher Fiso, Garry Toney, Nina Everette, [Social Worker] Vance 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) Tow Fees to recover automobile; Personal Injuries ( including emotional suffering) , medical expenses - 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) out ofpocket expenses, prospective medical expenses, medical expenses to date, emotional suffering. 8. Names and addresses of witnesses, doctors and hospitals. Contra Costa Regional Medical Center, 2500 Alhambra Ave. , Martinez Kaiser Permanente Medical Center, 901 Nevin Ave, Richmond 9. List the expenditures you made on account of this accident or injury. DAs, TIME AMOUNT To BE PROVIDED Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his gENP- NOTICES Name and Address of Attorney ) r � George A. Harris III ) '' (Claim 4ntss Slgn� } 1300 Clay Street, Suite 600 ) Oakland, CA 94612 ) 1 Canary Lane (Address) El Sobrante, CA 948. 06 ) Telephone No. ( 510) 234-0700 } Telephone No. NOTICE Section fit of the penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000) , or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. CLAIM E3k RidoF SUpERyLSQRSOF CMnJ&QQS A C012i L C. L IEOMiA_ 30ARD ACTIN February 23, 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 The copy of this document railed to you is your California Government Codes. l notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Goverment Code Section 913 and �ZE 915.4. Please note all "Warnings". J AM0U,,NT: $110.07 sA : 2 1999 yw CLAIMANT: Alex Curtis O-U QTY CfOUNSEL MAPT'NEZ CALIF, ATTORNEY: DATE RECEIVED: January 19, 1999 ADDRESS: 1420 Burrows Rot. BY DELIVERY TO CLERK ON: January 19, 1999 Campbell, CA 95008 ,January 1S, 1999 BY MAIL POSTMARKED: L FROINE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PBIL BAWBELOR, Cler s Dated: .January 20. 1999 By: Deputy: f 11. 7PIN1 County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8), ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Sectjon 911.3). ( ) Other: Dated: } Of By: I '1 -� Deputy County Counsel III. FROSt 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 ORDEFL 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: PML BATCHELOR, Clerk, By �,�, � �� , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AF 'IEIAVIT OF NIAUXiG 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 E - - -- — 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, 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 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 See. 72 at the end of this form. RE. Claim by } Reserved for Clerk's Filing Stamp RECD Against the County of Contra Costa or District) n. (Fill in Name) The undersigned claimant hereby mares claim against the County of Contra Costa or the above named District in the sum of and in support of this claim represents as follows; 1. When did the damage or injury occur? Give exact Date and Hour) 41,t ..________________eavm-s.t___a.,_______________________________________d__... -----sa__e°- 2. Where did the damage or injury occur? (Cn€iude city and county) fz na A !// / 3. How did the damage or injury occur? ;Give tux detgiisc use extra paper if required> ' `s.:_rr f '.� r.�''`�i t✓r �, r> � F r°�P? £ �.d'.�l.,+✓�'"a':/ hf'��s. �'�f xf .;��J�.-�. --------------------------------------------- -tea,v'r .% s ,�.�d � .dy .F, , 9„r'.✓?,� r f-� f�`� 1.�,�,,.� ,f✓s :� .� lr�-i.,y?!' t r'?' ` v .shy l�,y' r`'s'" �✓ ,:>J .e', � J!t t f'd��'"'��;y`"• r / 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? ev s _r w > r �r -7t Over) .. "ter,%� .,.y.v-y t ' -,/✓ ;. / ;>f` —/r i ! $` fS.d t 5. What ar the names of county or district officers,servants,or employees causing the damage or injury? ------------------------------------------------------------------------------------- 6. What damages or injuries do you claim resulted? {f=ive fall extent of injuries or damages clalsned. Attach two estimates for auto damage.} ,I�;+,{ s f%/ �-s$�or :.,r' .�',� - "`µ.✓•°-:v,� �'';�. .:4"."-'i j �,'y`"W-.:co- .'" v'"r�'^/�n�r5�) ------------------------------------------------------------------------------------- 7. How was the above claimed amount computed? (include the estimated amount of any prospective Injury or damage.411 } n` 1 r r�� �-,`'. /+"' ,,,f ;A pr �v ;` f �,•, 1,Sf �f 1`/d ''i:� �� F'c. g. Names and addresses of witnesses,doctors,and hospitals. r ------------------------------------------------------------------------------------ T % List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT r ✓ t' r' f}� n r aqua * est * arc * a * rs * atka a * a to # aaxaesx Gov. Code Sec.910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of attorney (Claimant's Signagre) (Address) >/ 21 t/ 4 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 tine of not exceeding one thousand dollars ($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. IEFUi1i r i'� ' f'Y NATIONAL CUSTOM ERSERVICE: [[}� Wit' ,�y y} /1� J) 'l-lid'- E 1T SW M¢ . 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LA _ w , '3 s tL -> + ro s +1y s4 ss s s + • ,r�' CLAM BQARD--QE SL T EPMS 013 S Old CMIRA 00S IA CQUins CA L EOR?V A FEBRUARY 23, 1999 iqw Claire Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action, All Section references are to J The copy of this document mailed to you is your California Government Codes, ' i' ° 4 : •' notice of the action taken on your claim by the :a Board of Supervisors, (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOLIvT: General damages and special damages within the jurisdiction of the Superior Court CLAIMANT: Duz Guzman, Raphael Merino, Luz Guzman, as successor-in-interest to the Estate of Mdchele Merino Guzman, Estate of Michele Merino Guzman ATTORNEY: Bruce G. Fagel DATE RECEIVED: January 12, 1999 Law Offices of Bruce G. Bagel ADDRESS: & Associates BY DELIVERY TO CLERK ON: January 1.2, 1999 445 So. Beverly Dr. , Ste. 200 Beverly Hills, CA 9021.2 BY MAIL POSTMARKED: Rand--delivered L FROIVE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claire. PHIL BA HELOR, Clerk Dated: January 13, 1999 By: Deputy II. FROM County Counsel T(3: Clerk of the Board of Supervisors { .. 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 15 days (Section 910.8). { ) Claire is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section. 911.3). { ) Other: Dated: r w f By: - Deputy County Counsel III, FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claire was returned as untimely with notice to claimant (Section 911.3). 1V. .BOARD ORDER. By unanimous vote of the Supervisors present: { This Claire 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: .: 6� PHIL BATCHELOR, Clerk, By Deputy Clerk fr 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 fiction 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 NL41LING 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. "1� Dated: �''� � :. ` ` By: PHIL BATCHELOR B ' °.. 6v,,/ Deputy Clerk a CC: County Counsel County Administrator 1 Law Offices of Bruce G. Fagel and Associates 21 Bruce G. Fagel, State Bar Number 103674 445 South Beverly Drive, Suite 200 3 Beverly .-dills, California, 90212 Telephone. (310) 277-1288 4 I Attorney for Claimants 5 6 CLAIM FOR DAMAGES AND PERSONAL INJURIES r 7 8 LUZ GUZMAN, ) CLAIM PURSUANT TO RAPHAEL MERINO, } GOVERNMENT CODE SECTION 910 9 LUZ GUZMAN, as successor-in- ) interest to the ESTATE OF ) 10 MICHELE MERINO GUZMAN, ) ' E ESTATE OF MICHELE MERINO GUZMAN, } 12 Clalmants, ) ---.._----- VS . _..vs . } �. d � 14 ) } 15 I, COUNTY OF CONTRA COSTA, a ) subdivision of the State of ) �. 16 ; California, doing business as ) 't ° � i'ee rr ' r Merrithew Memorial Hospital ) ° 17j and Contra Costa Regional ) Medical Center, and ) 18 DOES 1 through 50, inclusive, ) } 19 Respondents . ) 2 ) v 21 TO THE COUNTY OF CONTRA COSTA, a subdivision of the State 22 of California, doing business as Merrithew Memorial Hospital 23 and Contra Costa Regional Medical Center, and to each of the I 24 above named entities, individuals and health care providers : i 25 You are hereby notified that LUZ GUZMAN, RAPHAEL MERINO 261 LUZ GUZMAN, as successor-in-interest to the ESTATE OF MICHELE 27 � MERINO GUZMAN, and the ESTATE OF MICHELE MERINO GUZMAN, whose 28 addresses are in came of their Attorney, Bruce G. bagel, 445 i 1 South Beverly give, Beverly Hills, California, 901212 , claim 2 damages from the above--mentioned entities and individuals . 3 : The Claim is based on the death of decedent Michele i 41 Merino Guzman on August 13 , 1998 . Prior to August 13 , 1998, and at all times mentioned herein, Michele Merino Guzman, was placed in and remained under the care and control of 7 Respondents, and each of them, for the purpose of receiving 3 medical, surgical, hospital., diagnostic, and nursing and other 9 ' care . 10 At all times mentioned herein, Claimant LUZ GUZMAN was 111 the mother of the decedent, and Plaintiff RAPHAEL MERINO was t 12 the father of the decedent, and as such, both Plaintiffs were 13 heirs at law of the decedent . At the time of the filing of the o 14 f Complaint in this matter, LUZ GUZMAN, or another qualified 15 person, will make application to the Superior Cort for N 16 � appointment as successor-in-interest to the ESTATE OF MICHELE 17 MERINO GUZMAN. 18i While decedent was under the care and control of 191 Respondents, and each of them, as aforesaid, Respondents, and 20 each of them, negligently, carelessly, and unskillfully 21 examined, diagnosed, treated, operated upon, cared for, i 22 administered to, and otherwise handled and controlled decedent 23 � and negligently failed to possess and exercise that degree of 24 skill and knowledge ordinarily possessed and exercised by other 25 physicians and surgeons, hospitals, nurses, tecnn-- clans, 26 attendants and the like engaged in said professions in the same 27 Focality as Defendants, and each of them. At all times herein 23 mentioned when the decedent was in the exclusive control of the 2 i 1 Defendants, and each of them, at no time prior to the events, 2 conduct, activities, care and treatment herein complained of did the Respondents herein, or any of them, obtain 4 knowledgeable, informed consent for said care, treatment or 5 conduct . Prior to the initiation of or performance of said 5 care, treatment, procedure or conduct no opportunity was 7 afforded the decedent or any authorized agent of the Claimants 8 to exercise voluntary, knowledgeable and informed consent to 9 said care, treatment, procedure or conduct . 10 As a result of the negligence of the above named 11 entities, physicians, medical staff and person:;nel of the COUNTY e OF CONTRA COSTA, the decedent died. The damages were caused by 13i the negligence of the employees or agents of the above named si� 'Z 1 1 14 Respondents, whose names are presently unknown. The Claimants a� 15 also claim extreme and severe emotional distress . 16 As a direct and proximate result of the aforesaid 17 negligence, carelessness and unskillfulness of the Defendants, 18 and each of thein, and the resultant death of said decedent, 19 Claimants suffered damages according to law and were compered 20 to and did incur and expend a sums to be determined for medical 21. and surgical attention, hospitalization, medication, nursing 22 expenses, convalescent, therapy, funeral expenses and burial 23 expenses of said decedent, to Claimants` further damage in said I 2a sums . 251 The claim is also based on the failure to adequately 26 select the medical staff and other employees, as well as to 27 adequately review their competence, as well as failure to 28 i 3 I I 1 maintain the premises and equipment and negligent failure to 2 inform of the medical alternatives available . s Additionally, LUZ GUZMAN was injured in health, strength 4 ' and activity, sustaining severe shock, and injury to the body, 5 all of which said injuries have caused and continue to cause 6 the Claimant great physical, emotional, and nervous pain and 7 suffering, and which said injuries the Claimant is informed and 8 believes, and thereon alleges, will result in loss of earnings, i 9 permanent disability and impairment of earning capacity all to f 10 Claimant' s damage in a sum in excess of the Jurisdiction of the 11 municipal Court . LUZ GUZMAN also claims damages for loss of her e 12 child' s services, medical bills and severe emotional distress 13 including but not limited to the emotional distress she claims a 14 xiursuant to Burgess v. Super. Ct . (Gupta) (1 992) 2 Cal .4th 6 � s 15 1064 . 16 At no time prior to the events, conduct, activities, care L7I and treatment herein complained of did the Responden,.s herein, 18 or any of them, obtain knowledgeable, informed consent for said 15 care, treatment or conduct . Prior to the initiation of or i 20 ' performance of said care, treatment, procedure or conduct no i 211i opportunity was afforded the claimant or any authorized agent 22 of the claimant to exercise voluntary, knowledgeable and 23 informed consent to said care, treatment, procedure or conduct . 24Further, there are injuries and damages to the minor' s 25 f father, RAPHAEL MERINO, who suffered loss of his child' s i 26 services, medical bids, and severe emotional distress . E 27 the above named respondents have done intentional actions 28s or omissions to act or actions or omissions with reckless 4 i i i 1 disregard of the condition of the decedent that would injure 2i the decedent and would lead to serious emotional. distress in LUZ GUZMAN and RAPHAEL MERINO so that they suffered damages of I intentional infliction of emotional distress . 5 The above named claimants have both suffered a boss of 6 ! consortium. i 7 Claimants are entitled to prejudgment interest . 8 The claims against the Respondents are calculated at the 9 Dresentation of this claim as follows : �C) 11 LUZ GUZMAN 1 . General damages within the jurisdiction of the 13 Superior Court, 2 . Special damages and all doctor, hospital, medical and 15 incidental expenses within the jurisdiction of the Superior 16 Court, 17 3 . For funeral and burial expenses according to proof, a 4 . For costs of suit incurred, 19 4 . For prejudgment interest, r 20t S . For such other and further relief which as to the I 21 ' Superior Court may deem proper. 22 ' 23 RAPHAEL MERINO} 24 ! 1. General damages within the jurisdiction of the 25 Superior Court, i 25 � 2 . Special damages, doctor, hospital, medical and 27 incidental expenses within the jurisdiction of the Superior 28 Court, 5 i 1 i I i to proof 3 . For funeral and burial expenses according , 2 4 . For costs of suit incurred, 3 S . For prejudgment interest, i 4 . 6 . For such other and further relief which as to the Superior Court may deem proper. 6 j 71 ESTATE OF MICHELE MERINO GLTZMAN 8 1 . Special damages, doctor, hospital, medical and i 9 incidental expenses within the jurisdiction of the Superior 19 Court, t �i 2 . For funeral and burial expenses according to proof, 12 3 . For costs of suit incurred, M 13 4 . For prejudgment .interest, � o-s ' 14- 1 5 . For such other and further relief which as to the Superior Court may deem proper. �6 All Notices or other communications with regard to this -7 claim should be sent to the Claimants in care of their a 18 attorney. 19 201 Dated: 2 j Law offices of Bruce C. Fagel and Associates 221 23 1 -- ru 24 , Attorney for Cla nts 25 26 27 '; 23 6 1 { r c aA �>�.TIRMO OF c0N � c0U •rYs_cA O v A BOARD AMFebruary 23, 1999 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section refers The copy of this document mailed to you is your California Government Codes. notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given f A`' i 4 » pursuant to Government Code Section 913 and Co U r c o y ,S EL 915.4. Please note all "Warnings". AMOUNT: Estimated at approx. $24,000.00, and. continuing CLAIMANT: Elvin Oamilda; Imelda Oamilda; and and Edilberto Oamilda ATTORNEY: Law Office of Melanie M. DarlinVATE RECEIVED: January 15, 1999 1300 Clay Street, Ste. 600 ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON: January 15, 1999 BY MAIL POSTMARKED: January 15, 1999 L FROTNI E Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATQ "LOR, Clerk Dated: January 19, 1999 By: Deputy k= IL Fitt INN- County Counsel TO: Clerk of the Board of Supervis rs (,This claim complies substantially with Sections 9I0 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). ( ) Cather: Bated: t °"" Via` By: t-:&-Z11 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV, BOARD ORDER: By unanimous vote of the Supervisors present: ( , This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:_ ;i 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 Goverr.:nent 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. AFFIDAWf OF MAH.Pi 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 BDeputy Clerk M;.County Counsel County Administrator Law Offices ces Of Melanie M. Darling 1300 Clay Street Suite 600 Oakland, CA 9461.E (510) 464-8098 January 14, 1999 k�t Clerk of the Board of Supervisors y County of Contra Costa : County Administration Building Room 106 f 651 Fine Street I`'" Martinez, CA 94553 Re. Claire Against County of Contra Costa (Elvin Oamilda, Imelda Oamilda, Edilberto Oamilda, Claimants) Dear Clerk. This law office represents Elvia Oamilda, Imelda Oamilda and Edilberto Oamilda in reference to their claim of wrongful death as to Erwin Oamilda and injuries to Elvin Oamilda. Enclosed is the prescribed form for making the claim to your county. An extra copy of the claim form is enclosed for return in the enclosed stamped envelope aster affixing of the filing stamp. Thank you for your assistance. Sincerely, LAW OFFICE OF MELANIE M. DARLING JOH_TN - II Attorne at Law 01-Aim tot BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 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 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. Be Erd_, See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this fort. RB.- Claim By Reserved for Clerk's filing stamp RIVI"L Qanni } On 1AA Against the County of Contra Costa} or } } District} (Fill in name) } } The undersigned claimant hereby makes claim against the County of Contra Costa, or the above-named District in the sum of and in support of this claim represents as follows.- When ollows.- When did the damage or injury occur? (Give exact date and hour) [2-1 2. Where did the damage or injury occur? (Include city and county) U,111 3. How did the damage or injury occur? (Give full details, use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage"? (over) 5. What ars the names of county or district officers, servants or employees causing the damage or injury? 6. Wheat damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) 7. Howwas the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) S. Names and addresses of witnesses, doctors and hospitals. wee- cA T-Tachmen 9. List the expenditures you made on account of this accident or injury. DATE } Gov. Code Sec. 910.2 provides } "The claim must be signed by the } claimant or by some person on his 4• o be-half " Name and Address of Attorney } f i =; ) aimant' Si nature} &ii- I7 7 X131 01011 2T #(000 (Address) } f } Telephone No w _ } Telephone No. NOTICE Section 72 of the Penal Code provides; Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000) , or by both such imprisonment and fine, or by imprisonment in the stats prison, by a fine of not exceeding ten thousand dollars ($10, 000, or by both such imprisonment and fine. Contra Costa County Crim Farm Oamilda vs. County of Centra Costa Attachment Page (tem 3 .How did the damage or injury.occur? The accident teak place as the direct and foreseeable result of the negligence of the County of Centra Costa in designing, constructing, maintaining and supervising the road known as Marsh Creek Road approximately 123 feet west of Camino Diablo. The road is designed, constructed, maintained and supervised in such a manner as to create an unreasonable risk of harm to be caused by head-on or similiar collisions because of the dangerous manner in which vehicles westbound on Camino Diablo merge onto March Creek Road. This dangerous condition has resulted in many accidents in the last five years including "head-on" collisions that resulted in the death of Erwin Oamilda and the severe injury of Elvin Oamilda. Item 4 What particular act or emission on the part of the county.... causes'the injury? See item 3. above. Item 6 What damages or injuries do you claim resulted? Claimants Edilberto Oamilda and Imelda Oamilda are the parents and sale heirs of Erwin Oamilda, He, Erwin Oamilda, was killed in the resulting accident. Erwin Oamilda was an extremely important source of comfort and support to his parents (claimants). The full nature and extent of damages to claimants is not yet determined. Elvin Oamilda suffered injuries including fractured left clavicle, fractured left wrist and other unknown injuries to his arm, back and neck in said accident. Item List of doctors, witnesses, etc. The medical care of Elvin Oamilda is continuing at this time. However, much of the treatment of both Elvin Oamilda and Erwin Oamilda (prior to death of Erwin Oamil* took place at John Muir Hospital, Walnut Creek, California. Witnesses. Robert Wade Bethke, 12 510 Marsh Creek Rd., Clayton, CA Elvin Oamilda, claimant. Miljoy Triche, H-2932 Amherst Drive, Stockton, CA ltd,9 List expenditures to date: Medical care is continuing to date and the full nature and extent of damages is not yet known to claimants. Expenditures regarding Erwin Oamilda (emergency care and funeral related costs) are estimated at approximately $15,000-20,000. Expenditures for Elvin Oamilda continue to date but are estimated at approximately $4,000 to'date. 44 @ C-3m CO C." 49P - CA2 aACP 40 CD 0 sl CD o t.. m a m � -n 4 -IDa ��3i t7 w fn m ah w �' E3 sx 0�y l 9 67 a F. 6y •Lj ... FPi 6 t�� rc ,y,,.� Cy <II ��� �p0 =r wC fS m ff y py O ti a 3 O C6_s fl cr v m fA w s�" m ,d cIAIM FEBRUAARY 23, 1999 BOARD , Maim Against the County, or District Governed by the Beard of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Coles, I notice of the actions taken on your claim by the Board of Supervisors. (Paragraph IV below), given __< n ;:pursuant to Government Code Section 913 and X915.4. Please note all "Warnings". AMOUNT: $3,5000.00 CLAIMANT: Valley Slurry Seal. Co. ATT'ORI EY: DATE RECEIVED: January 12, 1999 ADDRESS: P. 0. Bax 1620 BY DELIVERY TO CLERK ON: j nuary 12, 1.999 West Sacramento, CA 95691 BY MAIL POSTMARKED: January 11, 1999 L FROINE Clea of the Burd of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. January 13 1999 PHIL BA rk BATCHELOR, Cle Dated: By: Deputy IL FRO1t'I: County Counsel 1)0:. Clerk of the Board of Supervi ors ( f"This claim complus 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: p Bated: �' By: " ,�` Deputy County Counsel AL FROM: Clerk of the Board `TO: County Counsel (1) County Administrator ( ) ( ) Claim was returned'as untimely with notice to claimant (Section 911.3). IV. , BOARD ORDIERU By unanimous vote of the Supervisors present: 04 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: PML BATCHELOR, Clerk, By v; � , Deputy Clerk �g 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 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. AI<F303AVIT OF NL41LJNG 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. .gated: By: PHIL BATCHELOR By eputy Clerk c CC: County Counsel County Administrator r Monday, January 11, 1999 RECE'VE"..', JANv Rich Julh }B 4 0\ L/ rune r.,,..- ,so� o b�SUPEMSContra Costa County ORS., Public Works Department ::: --MA 255 Glacier Drive Martinez, CA. 94553-4825 Re: Pacifica Ave. - Port Chicago Hwy Bike Lanes Project No. 0662-684155 Dear Rich: Valley Murry Seal Co. has reviewed the final estimate for the above referenced project and hereby takes exception to the 7 days of liquidated damages that have been assessed unjustly and for final pay quantities on Items 7, 10, 13, & 14. Valley Slurry Seal Co. hereby submits Notice of Potential Claim #1 for $3,5003.00 which was caused by Contra Costa County and for the difference in pay for items 7, 10, 13, & 14 As stated in our letter dated 07ctober 13, 1998 additional working days for delays caused by Contra Costa County are easily justified and if granted would eliminate any liquidated damages.being assessed to Valley Slurry Seal Co. On behalf of our subcontractor, Chrisp Company, Valley Slurry Seal Co. hereby submits claim for discrepancies on the following items. Item 7, Roadside Sign, total quantity should be 37. Item 10, Thermoplastic Traffic Stripe(Detail 27B), total quantity should be 965. Item 13, 300 mm Thermoplastic Traffic Stripe, total quantity should be 260. Item 14, Thermoplastic Pavement Markings, total quantity should be 124. Valley Slurry Seal Co. hereby request that all liquidated damages be waived on the above referenced project and that all the above items be measured and agreed to in the field with our subcontractor.. Valley Slurry Seal Co. hereby submits our Notice of Potential Claim for liquidated damages in the of$3,500.00 and quantity discrepancies for the above referenced project. Valley Slurry Seal Co. hereby request a meeting be held to resolve these issues. If you have any questions please feel free to call. Sincerely, Alan S. Berger Vice President cc: Board of Supervisors District Attorney P. 0. BOX 1620 •WEST SACRAMENTO, CA 95691 d PHONE(9161373-1500 FAX NO. (916) 373-1438 = CONTRACMA'S UCENSE NO. 293727A PRVEMEnT mRinTEnRnCE SPECIRLi.iSTS pit Tuesday, October 13, 1998 3 A i19 Frank Navarro Contra Costa County Public Works Department 255 Glacier Drive (Martinez, CA. 94553-4825 Re. Pacifica Avenue and fort Chicago Highway Bike Lanes Project#0662-6R4155 Dear Frankie Per our conversation Contra Costa County explained to Valley Slurry Beal Co. that it was on liquidated damages for the above referenced project unless we could justify additional working days. Valley Slurry Seal Co. has reviewed the contract documents and offer the following as justification for an extension of time for the above referenced project. 1. According to our documentation the contract was awarded by the Board of Supervisors on July 28, 1998, of which we were notified of on July 31, 1998.(3 Days) 2. Contra Costa County states that our 1st chargeable working day was August 17, 1998. According to our day count it should be August 18,1998. (1 Day). 3. Per the Contracts a pre-construction conference shall be held within 16 days of contract award. This would mean the pre-construction conference should have been held no later than August 7, 1998, but in fact Contra Costa County arranged the pre-construction meeting for August 13, 1998. (6 Days) 4. Valley Slurry Seal Co. completed the Slurry Seal portion of the work on Thursday September 3, 1998. It was then brought to our attention on September 10, 1998 that there was some area's that needed repair. This delayed the work 4 days plus Labor day should counted as a non-working day.(5 Days) 5. Valley Slurry Seal met with the County to determine the cause of the defective work and could not agree what was the cause or who's responsibility it was to correct the work. Valley Slurry Seal Co. did some more investigating and decided to take corrective action to fix the slurry seal. Since it was in everyone's P O, BOX 1620 +WEST SACRAMENTO, CA 95891 • PHONE(9181373-11500 FAX NO. (918}373-1438 e CONTRACTOR'S LICENSE NO. 293727A L best interest not to perform this work on a weekday, it was completed on Sunday, September 20, 1998. (6 Days) All work was then completed by October 1, 1998. Valley Slurry Seal Co. has not yet received any Statement of Working Days for the above referenced project, but if Contra Costa County incorporates the lost days outside of Valley Slurry Seal Company's control we believe you will find that no liquidated are warranted. If you have any questions please feel free to call. Sincerely, A S. Berger Vice President Mf +D g s 10 3 v . .+r 0 C LnP4 Le) � C3 pq ' 1 4! iia Rf U3 yw 0 t� •ri cU ,,.t A4 •ref L+ 41 Ss C11 �# �4 Ln :J C3 4L7 � vs } yip JDO v � <.,cu r ti � APPLICATION TO FILE LATE CLAIMKeb ry,23, 1999 BOARD OF STJPERi iS t3F tX3Iv"TRA COSTA COCA , CALIFORNIA. BOARD ACTION Application to File Latey Claim NOTICE M APPLICANT Against the Coun�y, Routing ) The copy of this ocument mai ed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the 'Board of Supervisors (Paragraph III, below), California Goverment Code.) ) given pursuant to Government Code Sections 911.6 and 1 . Please note the "WARNM" below. Claimants Paul Rapp . ' W s Attorneys Address: 1311 Danville Blvd. MA R" `E:Z O UZF' Almno, CA 94507 Januar 20 1999 Amounts $25,000.00 By delivery to Clerk on y i Date Received: January 20, 1999 By mail, postmarked on January 19, 1999 Z. WO—Ms Clerk cf the Board of Supervisors Mt 5_nty Camel Attached is a copy of the above noted Application to File Late Claim. DATED: January 21, 1999 PHIL BATCHELOR$ Clerk, By Q �, Deputy E II. FROM: County Counsel TO: Clerk of the Rard of Supervisors ( ) The Board; should Brant this Application to File Late Claim (Section 911.6). (' The Board; should deny this Application to File Late Claim (Section 911.6). s DATED: VICTOR WTZMW, County Counsel, By ��' � "��- Deputy II. BOARD ORIS By unan mous vo e o Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( #/ This Application to File Late Claim is denied (Section 911.6). I certify that this is a. true and correct copy of the Board's Order entered in its minutes for this date. FATS.' r` PHIL BATCHELOR, Clerk, By ` .~` ! - Deputy WARNM (Gov. Cade 1911.$) If you wish to file a court action on this matter, you ant first petition the appropriate {o�oujr�t for an order relieving you from the provisions yo�f.,�Govercment }C}tade++ Such Section 945.4 (claims presentation requirment). Government Code Section 946.6. Such petition must be filed with the oourt within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your dhoioe in connection with this matter. 1fwant to oonsul.t an attorne a should do so imediatel . T FROM: Clark of f s 1 County unse toy A ra or 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. ` MM BATCHELOR Clerk `w � Deputy . r V. FROM% 1 County Counsel County Administrator TO: Cleerrk of the Board of Supervisors Received copies of this Application and Board Order. DATED s County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM RECLI January 15, 1999 'F!! Centra.Costa Countyco Board of Supervisors 8 County Administration Building .. 651 Pine Street,Room 1£36 Martinez,Ca 94553-1293 Re: 1. Claim Filed 1/4/99-D/L 5/27/98 2. Claim Filed 1/4/99-D/L 2/11/98 Gentlemen: l. In response to your undated letter just received,the complaint is directly related to on-going litigation,and accordingly is not filed late. Also,please note that your letter states that the claim is filed on behalf of Thomas Spencer. My claim is filed on behalf of myself only. I do not know who`Phomas Spencer is. 2. In response to your undated letter just received, I respectfully request that you accept this complaint at this time. The timing of the filing of the complaint is because I moved away from the county on June 3, 1998,and just returned on December 28, 1998. Also,please note that your letter states that the claim is filed on behalf of`Phomas Spencer. My claim is fled on behalf of myself only. I do not know who Thomas Spencer is. Thank you for your earliest response. V truly yours aul Hp A" f-, 1311 Danville Boulevard Alamos,Ca.94507 Ab dL IL ., y � 5 4 \ 5 `� 44 APPLICATION TO FILE LATE CLAIM February 23, 1939 BOARD OF SUPERVISORS OF CONTRA C OSrA COUN'T'Y, CALIFORNIA BOARD ACTION Application to Fila Late Claim NOTICE TO APPLICANT Against the County, Rousting The copy of this7?ocuiment mai a to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), California Government Code.) } given pursuant to Goverment Code Sections 911.8 and 915.4. Please note the "iiAMM" below. Claimants Thomas Suencer Attorneys Brian P. Dolin masta,i, Holstedt, & Chiurazzi� Address: 1912 "I,' St. , Ste. 102 Sacramento, CA 94814 January 20, 1999 Amount: Unspecified By delivery to Clerk on Bate Received: .January 20, 1999 By mail, postmarked on ,January 19, 1999 I. FVOM: Clerk of the Board of Supervisors TOs County Counsel Attached is a copy of the above noted Application to Pile Late Claim. DATED: .January 22, 1999 per,, BATCHELOR, Clerk, By Deputy II. FROM: County Counsel : Clerk of the Foard of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.5). (Vf' Board should deny this Application to File Late Claim (Section 911.5). DATES: ' VICTOR WESTMAN, County Counsel, By y -----Deputy 111. WA—RD UREDER By unan mous vo e of Supervisors present (Check one only) ( } This Application is granted (Section 911.5). ( This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Carder entered in its minutes for this date. . �� IIL BATCiEL.OR, Clerk, By Deputy DATES WI WARNING (Gov. Code 3911.$) If you wish to file a court action on this mutter, you must first petition the appropriate oourt for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition mat be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may Beek the advise of any attorney of your dhhoioe in oonnection with this matter. It M want to oonsult an attoMeyou should do so immediatel . TT FROM: Clerko the : County e County s rotor 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 mento thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• DATED: PM BATCHELOR, Clerk, By Deputy V. FROM: M County Counsel (23 County Ad:ainintrattor TO: CIetrk oBoaz' Of Supervisors Received copies of this Application and Board Order. r DATED: /V County Counsel, By County Administrator, By APPLICATION TC) FILE LATE CLAIM CLAIM D OF SIMEMS OF TYM CALHDJRN,1A MD A Fel;ruary 23, 1999 Claim Against the County, or District Governed by the Beard of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT arld Burd Acton, All Section references are to The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the t board of Supervisors. (Paragraph 1V below), given 4v` pursuant to Government Cade Section 913 and 915.4. Please note all "Warnings". AP,! 2 1 3,99 AMOUNT: Unspecified. G,C3 b IN C C.NSE CLAIMANT: Thomas Spencer ATTORNEY: Brian P. Dolin DATE RECEIVED: January 20, 1999 Mastagni, Holstedt, & Chiurazzi January 20 1399 ADDRESS: 1912 "1" St. , Ste. 102 BY DELIVERY TO CLERK. ON: Sacramento, CA 95814 Januar 19, 1999 BY MAIL POSTMARKED: January L FRONT L° Clerk of the Board of Supervisors TO- County Counsel Attached is a copy of the above-noted claim. January 1, 1399 PHIL BA LOR, Clerk. Dated: By: Deputy IL FROG County Counsel TO: Clerk of the Board of Supervis"rs 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 so notifying claimant. The Board cannot act for 15 days (Section 910.8). Claire is not timely tiled. 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). 0/� Other: 7-h,76 IS ro," C -e- 7,t Dated: By: Deputy County Counsel IM FRO;'% 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 0RUFIL- By unanimous vote of the Supervisors present: ( } This Claire is rejected in full. ( ) Other. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By _ _ _ , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a courtaction 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. *Tor Additional "Warning See Reverse Side of This Notice. AF`1'7.DAVIT OF N141U lG I declare ander penalty of perjury that I am now, and at all tunes herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator 1 E E FIE i BRIAN P. DOLIN, (SBN 182971) MASTAONI, HOLSTEDT & CHIURAZZI j4M 2 A Professional Corporation €_ :912 "1" Street, Suite 102 � SOASOOF 3 ;, Sacramento, California 95814 CdA CO, Telephone: (916) 446-4692 v 4 5 Attorney for Claimant THOMAS SPENCER 6 7 8 9 THOMAS SPENCER, ) APPLICATION POR LEAVE TO PRESENT CLAIM 10 Claimant, (Govt. Code Section 911.4) E Il v ) I 12 CONTRA COSTA COTJNTY, ) SHERIFFS DEPARTMENT, 13 ) Respondents. ) 14 € ) I 15 �� E E � 16 TO: THE CLERK OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF E 17 CONTRA COSTA: �8 19 Claimant, THOMAS SPENCER, filed this written application for leave to present claim and 20 asserts that this application is filed within a reasonable period of time which has not exceeded one 21 E (1) year from the accrual of his multiple causes of action. Further, all of Mr. SPENCER's causes of 22 action are ongoing. The County continues to deny Mr. SPENCER his wages or due process rights 23 due a peace officer. 24 The attached claim against public entity was filed in excess of caution as it is believed ail or 25 most of Mr. SPENCER's claims are exempt pursuant to Government Code Section 905(c)(f). If this 26 f 27 28 C MA3TAGM,NOLSTEDT &CH IRAM A PROFESSIONAL CORPORATICON 1 1972!STREET,SUTE 703 SACRAlAENT0,CA 45104 26 I assumption is incorrect, Mr. SPENCER asserts the Board must grant this application pL:rsuart to E 2 Government Cade Section 911.6(b)(1). 3 DATED; January 8, 1999 4 MASTAGNI,HOLSTEDT & CHIURAZZI 5 6 . AN P. DOL 7 Attorney for Claimant 8 9 10 11 12 13 14 15 16 17 i 18 19 20 21 22 23 24 25 26 27 0 28 MAV.AGNI,HOLSTEDT &CHIURAZZt A PROFESMONAL CORPORATION 1912 S STREET,SUIT=_182 2 SACRAMENTO,CA 958:4 28 1 1 1 PROOF OF SERVICE (C.C.P. SECTION 1013a, 2915) E 2 E 3 SHORT TITLE OF CASE: THOMAS SPENCER v CONTRA COSTA COUNTY 4 SHERIFF'SDEPARTMENT 5 6 7 1 am a citizen of the United States and a resident of the County of Sacramento. I am over the age 8 of eighteen.years and not a party to the above-entitled action; my business address is 1912 I Street, E Sul',,',,-- 102, Sacramento, California 95814. cE EE 10 11 On the date below, I served the following document(s): ?2 13 APPLICATION FOR LEAVE TO PRESENT CLAIM 14 addressed as follows: .5 Clerk of the Beard of Supervisors 16 County of Contra Costa 651 Pine Street, Room 106 17 Martinez, CA 94553 18 19 _ XY—X BY MAIL. I caused such envelope,with postage thereon fi liy prepaid to be placed in the United States Mail at Sacramento, California. 20 BY PERSONAL SERVICE. I caused such envelope to be delivered by land to the ofilices 21 of the person(s) listed above, 22 BY F'ACSIMIL,E TRANSMISSION. I transmitted such documents) by facsiinile machine to the telephone number listed above. 23 24 I declare under penalty of perjury that the foregoing is true and correct. 25 Executed on January 18, 1999, at Sacramento, California. 26 �+ Z-- lld 27 LISVA NESSEL 28 MASTAGNE,HOLSFEDY &£S° URAZZ9 A FROFEWONAL CORPORAnON y !9?7 3 STREET,SU;F€182 1 SACRAMENTO,,CA 95834 26 l BRIAN P. DOLIN, (SBN 182971) MASTAGNI, HOLSTEDT & CHIURAZZI DEC - Q 2 A Professional Corporation 1912 "I„ Strut, Suite 102 s of K S b OF SUPE 3 s Sacramento California 95814 Telephone: (916)446-4692 4 5 Attorney for Claimant THOMAS SPENCER 6 7 8 9THOMAS SPENCER, y)} 10 Claimant, ) CLAIM AGAINST PUBLIC ENTITY GOVERNMENT CODE §910 et. seq. 11 v ) 12 CONTRA COSTA COUNTY, ) SHERIFFS DEPARTMENT, ) 13 ) Respondents. ) 14 ) 15 16 TO: THE CLERK OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF � r 17 CONTRA COSTA: 18 Claimant,THOMAS SPENCER,hereby requests compensation,reinstatement, and damages 19 as follows: 20 1. Claimant's name is THOMAS SPENCER.. Claimant's mailing address is 3901 Clayton 21 Road, # 12, Concord, California 94521. 22 2. Claimant is represented by the Law firm ofMastagni, Holstedt & Chiurazzi and all 23 correspondence concerning this claire should be sent directly to Brian P. Dolin,Esq. at 1912 I Street, 24 Sacramento, California 95814,phone number(916) 446-y4692. 25 3. Claimant is a deputy sheriff employed by the County of Contra Costa. While 26 performing his job,he was injured to such a degree that the County of Contra Costa paid THOMAS 27 SPENCER benefits pursuant to Labor Code Section 4850 for the statutory period of one (1) year. 28 4. Upon exhaustion of THOMAS SPENCER's 4850 benefits, he was placed on P aIV1,IIOLSTEUT .'"IURAIZI RO lEEas10NAL CORPORATION 19131 STREET,SUITE lin I 1 SACRAMENTO,CA 93814 26 1 administrative leave without pay. His employer filed an application for disability retirement with the 2 Contra Costa County Employees Retirement Association, alleging claimant was substantially unable 3 to perform his duties as a deputy sheriff. This application was filed October 6, 1997, and presently 4 a hea~ing is being scheduled to determine Claimant's ability to perform his duties as a deputy sheriff. 5 5. Claimant requested reinstatement to his position pursuant to his treating doctor's 6 conclusion:that Claimant is able to perform the duties of a deputy sheriff. 7 6. Claimant requested reinstatement to his position on February 23, 1998, and again on 8 February 25, 1998. 9 7. The employer refused Claimant's request for reinstatement or that he be placed on paid. 10 administrative leave while the retirement application filed by the employer is processed. I 11 8. The employer's refusal to reinstate Claimant and allow resumption of Claimant's paid 12 status acts as a dismissal of the member for disability. 13 9. Claimant is entitled to back wages if the retirement board determines that Claimant 14 is substantially able to perform his duties as a deputy sheriff. 15 10. if the retirement board determines Claimant is substantially unable to perforins his 16 duties as a deputy sheriff, Claimant will be entitled to retirement benefits retroactive to the date of 17 disability. 18 11. Either way, Claimant is entitled to back wages or retirement benefits. Wherefore, 19 employer's refusal to pay Claimant advanced disability pension payments pursuant to Labor Code 20 Section 4850.3 succeeds in denying Claimant income yet saves the County no money. 21 12. Claimant is informed that the employer intends to terminate payment of his health care 22 benefits. Employer claims Claimant has exhausted his administrative leave time limitations and 23 therefore is not allowed further health care benefits paid by employer. 24 13. Employer placed Claimant on administrative leave. Employer refused to allow 25 Claimant back to work despite his treating doctor's authorization.Employer refused to place Claimant 26 on Labor Code Section 4850.3 advanced disability pension payments, The employer is now 27 terminating payment of his health care benefits. 28 14. Employer failed to provide Claimant with any due process rights prior to severing his MASTACNI,HOLSTEDT &CMURAZZI A PROMS10NAt CORPORATION 19121 STREET,SUITE 102 2SACRAMENTO,CA 05614 as 1 income and health care benefits. 2 15. It is unknown exactly who the parties are of the public employee that have caused the 3 damages to Claimant. Apparently, the parties are the decision makers residing within the office of 4 the Sheriff, County of Contra Costa. 5 16. THOMAS SPENCER requests reinstatement and back wages. He also requests his 6 due process rights and damages caused by denial of the due process rights. Jurisdiction is with the 7 superior court. 8 9 DATED: Decenmber 2, 1998 10 MASTAGNI, I` OLSTEDT & CHIURAZZI , 11 12 `1! RIAN P. D 13 Attorney for Claimant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A4A5,. NI.H0LSTfDT &CMUgAIZI 'J#€SSIONAL Cok"AVON 1912 f S-flan,SUin 102 iACKAWNTO,CA 93914 ae PROOF OF SERVICE (C.C.P. SECTION 1013a, 2915) 1 1 Es SHORT TITLE, OF CASE: THOMAS SPENCER v CONTRA COSTA COUNTY HERIFF`S1 EPARTM'ENT ; 3 4 I am a citizen of the United States and a resident of the County of Sacramento. I am over the age of eighteen years and not a party to the above-entitled action.;my business address is 1912 I Street, 5 Suite 102, Sacramento, California 95814. C On the date bellow, I served the following document(s): 7 CLAIM AGAINST PUBLIC ENTITY GOVERNMENT COLE Section 910 et seq. _ 8 9 addressed as follows: 10 +Clerk of the Board of Supervisors County of Contra Costa 11 651 Pine Street,Room 106 Martinez, CA 94553 12 13 14BY MAIL.,. I caused such envelope,with.postage thereon fully prepaid to be placed in the United States Mail at Sacramento, California. 15 BY PERSONAL SERVICE. I caused such envelope to be delivered by hand to the offices 16 of the person(s) listed above. 17 BY FACSIMILE TRANSMISSIONS. I transmitted such document(s) by facsimile 18 machine to the telephone number listed above. 19 I declare under penalty of perjury that the foregoing is true and correct. 20 Executed on December 3, 1998, at Sacramento, California. 21 22 A SEL 23 24 25 26 2'7 28 &CHIAAZZI 40EE33£ONAL CORPORATION 1 1912 4 STHET,SUITE 102 .CRAMENTO,CA 45814 8 $ :^a L� Wei b �✓ 40 *0i 004 1004 0 + € +0 ► i .__ ° f 04 00 log ) Of w � a rr, 040 ,40 + ► € 14 0 T00 7► ► APPLICATION TO ftLE LATE CLAIM Febr ry 2 1999 HOARD OF SUPffV SOBS OF OWMA COSTA COMM,_CALIFORN IA BOARD ACTION Application to File Late Claim NOTICE TO APPLICANT Against the County, Routing 3 The copy of this ocument mai a to you is your Endorsements, and Board Action.) notice of the action taken on your application by {All Section References are to } the Board of Supervisors (Paragraph III, below), California Goverment Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "NARN'M" below. Claimants Paul Hupp a-u Attorneys Address 1311 Danville Blvd. Alae; CA 94507 Jamary 20, 1999 Amounts $25,000.00 By de very o Clerk on Date Received: jarmary 20, 1999 By mail, postmarked on January 19, 1999 1. FROM: Clerk of the Boara of Supervisors TOO County Counsel sel. Attached is a copy of the above noted Application to File Late Claim. DATED. January 21, 1999 PHIL $ATCKIOR, Clerk, $yDeputy f Q,10 Y__ 11. FROM: County Counsel 'T"Os 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: VICTOR WT TMAN, County Counsel, By{ _ � Deputy T1. B-D—Aff RDS By MEmous, vote o Supervisors present (Check one only) ( ; This Application is granted (Section 911.6). ( 61)""- 61) This Application to File Late Claim is denied (Section 911.6). 1 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 �����" a� ,� � � Deputy WARNING (Gov. Code $911.$) If you wish to file a court action on this matter, you must first petition the appropriate +court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in o remootion with this matter. if M want to oonsult an att e u should do so inn& tel . T FROM: Clerko the s 1 CountyCourts-el County A era or Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by tailing a dopy of this document, and a memo thereof has ben tiled and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATEDs PHIL BATCHELOR, Clerk, By Deputy V. FROM: t13 County Counse:l 2 County A nistrator TOO Clerk of --the Bir of Supervisors Receivedcopies of this Application and Board Order. DATED z - County Counsel, By _. .. .. County Administrator, By } APPLICATION M FILE LATE CLAIM RECD January 15, 1999 Contra Costa County Board of Supervisors County Administration Building 651 Pine Street,Room 106 Martinez,Ca 94553-1293 Ike: 1. Claim Filed 1/4199 9 D/l: 5/27/98 2. Claim Filed. 1/4/99-D/I< 2/11/98 Gentlemen: l. In response to your undated letter just received,the complaint is directly related to on-going litigation,and accordingly is not fled late. Also,please note that your letter states that the claim is filed on half of Thomas Spencer. My claim is fled on behalf of myself only. I do not know who Thomas Spencer is. 2. In response to your undated letter just received, I respectfully request that you accept this complaint at this time. The timing of the filing of the complaint is because I moved away from the county on June 3, 1998,and just returned on December 28, 1998. Also,please note that your letter states that the claim is fled on behalf of Thomas Spencer. My claim is filed on behalf of myself only. I do not know who Thomas Spencer is. Thank you for your earliest response. Very truly yours, -'"Paul Hu pp 1311 Danville Boulevard Alamo,Ca 94507 040of .`_.D0 + 01 DOC * 09 040 Al r � f +.ems f r I� 00 o � l 0 4D ,. a woe -► 04") : , ) 0 *