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Home My WebLink AboutMINUTES - 01191999 - C21 CLABI January 19, 19% Claim, Against the County, or District Governed by } the 8card of Supervisors, Routing i nndorserm-ms, } NOTICE 7D CLAIMANT and Board Action. All S N tion references to } TT* copy of 1 s docurnent riled to vau is your California Governtnent Cxdes. } rrtice of the action taken on your by the ?EC a ,j -7 '4rd of Supervisors. (Paragraph IV givOn want to ven"m Fade Sect: i and DEC 22 1998 j .4. Please note ali "Warnings". AMOUNT: Unspecified COUNTY COUNSEL MART1N cAUF. CLAIMANT: Pamela and Justin Eckhart ATTORNEY: Michael D. Ranahan DATE RECEIVED: December 2 , 1998 Ranahan Law Corporation ADDRESS: Attorneys at Lair Y DELIVERY TO CLERIC ON: December 22, 1998 1850 Mt. Diablo Blvd. , Ste. 82d iialnnt' Greek, CA 94596-4492 BY MAIL POSTMARKED: land--delivered L FROIVL Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: December 22, 1998 By: Deputy ' ti✓ ' ' 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 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: - " 7 Deputy County Counsel III. FRU? Clerk of the Board T'O: 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: Iq PHIL BATCHELOR, Clerk, By / , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MATLJNG 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, postagefully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. 4 Dated: 13y: PHIL BATCHELOR By {`- ►-� _Deputy Clerk C : Countyro,msct County Administrator -- I STATEMENT OF UM CASE 2 The Petition filed on August 19, 1998? 3 On June 3, 1998, the minor's mother failed to provide adequate care and 4 supervision in that Daniel had scratches and bruises allegedly inflicted by his brother 5 Ronnie. No witnesses, other details or facts accompany this allegation contained in 6 the dependency petition. Additionally, sibling Jessie had bruises resulting from an _ 7 alleged fall down some steps. No other details or facts accompany this allegation 8 contained in the dependency petition. 9 The Amended Petition filed on August 28, 1998: 10 Mother has a history of hitting minors Jessie and Ronnie-with a belt. No other 11 details or facts accompany this allegation in the amended dependency petition. On or 12 about October 28,DO, the father used inappropriate discipline with minor Michael 13 resulting in a cut lip.' Also included is an incident when on December 23,LW, 14 Father pulled minor Ronnie from a parked car by his shirt causing abrasions to his 15 neck.4 16 17 AMC0 ATED S-TAIEMEN-T OF FAC' 18 Jessie received a bruise to his right leg when he hit his hospital bed while doing 19 _ 20 21 Social Services requested a dismissal of this petition in the G};count relating to 22 Jessie in the amended petition. Because this dismissal was ambiguous,Mother's attorney called social worker Pat Smith on August 28, 1998,and Ms. Smith indicated that the request 23 for dismissal relates to the former petition on each of the minors involved in this case. 24 3 Not included in the amended petition are the facts that Mather and Father are 25 divorced,and Mather reported this incident to the Contra Costa Social Service Agency when it occurred almost three years ago. 26 a Again.,not included in the amended petition are the facts that Mother and Father are 27 divorced and Mother reported this incident to social services when it occurred. 28 2 I cartwheels on June 8, 1998.' On June 16, 1998, Jessie claimed to the hospital staff 2 that he received the bruise to his leg as a result of Mother beating him with a belt. 3 However, the hospital staff had previously documented the original cause of the bruise 4 as having been incurred in the hospital on June 8, 1998. The hospital documented that 5 this new cause of injury was Jessie seeking attentiorL claiming his bruise had gotten 6 worse. Hospital documentation indicated the bruise had not gotten bigger but had 7 responded to medication as anticipated. 8 Jessie attended school at the Mt. Diablo Unified School.District and attended a 9 special class for children with behavioral and emotional problems. Jessie's teacher, 10 Ellen Terrninello, wrote a letter stating that"Jessie. . . had a difficult time 11 distinguishing fact from fantasy." 12 Mother had relocated to Tustin, California, and currentlyresides in an 13 apartment located at 17276 Nissan Road, Apt. B. On August 28, 1998,Orange 14 County Social Worker,Danny Dwerkeson, arrived at Mother's new residence and 15 verified she does in fact live there. When Mr. Dwerkeson arrived, Mother was not 16 present. However, Mother's cousin,Barbara Falicks was present and answered all of 17 the social worker's questions. 18 Il! 19 {ft 201 /// 21 22 23 24 25 26 27 S Jessie was hospitalized on May 25, 1998 regarding a hyperactive mood disorder. 28 3 13 I VERs ICA'T'ION 2 I,RICH PFEIFFER, declare: 3 I am a licensed attorney in the State of California. I am the attorney for Rosada 4 Russell,the mother in this action. I have reviewed the foregoing Statement of Facts 5 and am familiar with their contents. The facts alleged are true and correct of my own 6 personal knowledge, except as to those matters which are stated to be known by 7 information and belief. As to those matters,I believe them to be true. 8 1 declare under penalty of perjury under the laws of the State of California the 9 foregoing is true and correct. 10 11 DATED: August 31, 1995 Respectfully submitted, 12 1 t 13 14 Attorney for Mother _ 15 ROSADA RUSSELL 16 17 18 19 20 21 22 23 24 25 26 - 27 28 4 VERUPICATION 2 3 I, R.OSADA RUSSELL, declare: 4 I am the parent of the minors in this action. I have reviewed the foregoing 5 Statement of Facts and am familiar with their contents. The far=ts alleged are true and 6 correct of my own personal knowledge, except as to those matters which are stated to 7 be known by information and belief. As to those matters,I believe them to be true. 8 1 declare under penalty of perjury under the laws of the State of California the 9 foregoing is true and correct. 10 11 DATER: September 1, 1998 Respectfully submitted, 12 i~�"��A orhRUSS 13 � ��" 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 V`S MEMORANDUM QE POMS AND AUHURITEES 2 L A DEMURRER IS A PROPER MOTION 3 IN A JUVENILE DEPENDENCY CASE WHEN THE PETITION IS FACIALLY 4 INSUFFICIENT TO SUPPORT JURISDICTION. 5 "A petition, in a manner similar to a civil complaint,must contain `A concise 6 statement of facts, separately stated,to support the conclusion that the minor upon 7 whose behalf the petition is being brought is a person within the definition of each of 8 the sections and subdivisions under which the proceedings are being instituted.' (§ 9 332, subd. (f).)""We have characterized such a challenge as 'akin' to a demurrer. (In 10 re Fred J. (1979) 89 Cal.App.3d 168, 176 & fn. 4; see In re Tray D. (1989) 215 11 Cal.App.3d 889, 896;In re J.T. (1974)40 Cal.App.3d 633, 6391)" (In reAlysha S 12 (1996) 51 Cal.AppAth 393, 396-397.) 13 "As we have said before in another context, a pleading is not merely `a ticket to 14 the courtroom which may be discarded after admission.' (FPI Development,Inc. u 15 Nakashima(1991)231 Cal.App.3d 367, 381.)"(Id. At p. 399.) 16 In the present case, it is not known how,when, or if the Contra Costa County 17 Social Service Agency gathered information that supports the claim that Mother has a 18 history of hitting minors Jessie and Ronnie with a belt. Because the other incidents in 19 the amended petition relate to events that are approximately three years old,and were _ 20 reported to the Agency by Mother,this "history"is also probably'a very old allegation. 21 Therefore, this allegation cannot support a substantial risk of detriment to the minors 22 today, even if the allegation were true.' Because the amended petition does not 23 facially contain"A concise statement of facts, separately stated,to support the 24 conclusion that the minor upon whose behalf the petition is being;brought is a person 25 26 s Mother does not concede the truth to this allegation which cannot be supported by 27 any evidence. 28 6 I within the definition of each of the sections and subdivisions under which the 2 proceedings are being instituted,"the amended petition is facially insufficient. 3 The amended petition also fails to state that when Father inflicted the abuse on. 4 the minors almost three years ago,Miller dMretest the minors by reporting the 5 abuse to Social Services. 6 Intone of these incidents can support an allegation of child abuse which must 7 shove that there is a substantial risk of detriment of serious physical or emotional 8 injury to these children today. 9 Social Services fails to recognize that each of the minors in this case is 10 emotionally fragile and the continued bringing of multiple,unsubstantiated 11 dependency petitions does create a substantial risk of detriment to theemotional well- 12 being of these children. Again, Social Services is using this amended petition, as they 13 did the original petition, as a"ticket to the courtroom"to conduct illegal discovery and 14 violate the privacy rights of this family. This,they cannot do. 15 Therefore, because the petition is facially insufficient to support any of the 16 alleged incidents of child abuse under section 300, subdivision{a},the petition is void 17 and this demurrer should issue. 18 19 A. THE"ENUED PETITION IS FACIALLYMSUFE"ICIENT TO SUPPORT§.300(a). 20 _ Section 300, Subdivision a reads in pertinent part, "The minor 21 has suffered, or there is a substantial risk that the minor will suffer, - 22 serious physical harm inflicted nonaccidentally upon the minor by the 23 minor's parent or guardian." 24 The facts stated in the(a)count of the petition are insufficient to support an 25 incident of serious physical harm due to the parent's willful or negligent failure to 26 27 28 7 I protect the minors from that harm.' The harm was inflicted by father who is now 2 divorced an is no longer living with the family. The completely unsupported 3 accusation that Mother has a history of hitting Jessie and Ronnie with a belt is 4 insufficient on its face to rise to a substantial risk of detriment today. It is not a concise 5 statement of fact that can support the conclusion that an (a)count should be sustained. 6 In Alysha S., the father repeatedly beat the mother and was arrested and 7 incarcerated for domestic violence. The mother, in spite of advice by Child Protective 8 Services not to do so, dropped the restraining order and resumed living with the father 9 upon his release from incarceration. A year earlier, father touched the minor's 10 buttocks and vagina in a lewd manner and mother failed to protect the minor from the 11 father. The Department never alleged the minor would likely suffer serious physical 12 harm. "Subdivision (b)means what it says. Before courts and agencies can exert 13 jurisdiction under section 300, subdivision(b), there must be evidence indicating that _ 14 the child is exposed to a substantial risk of serious physical harm;or illness."(In re 15 Alysha '►.,supra 51 Cal.AppAth 398-399.) 16 In the present case, the amended petition is silent as to how Mother somehow 17 got accused as having a history of hitting two of herr children with a belt. There 18 simply aren't any facts proffered to support this baseless allegation. 19 Again, "a pleading is not merely `a ticket to the courtroom which may be 20 discarded after admission,"'yet that is exactly what SSA is attempting to do in this 21 case'. (Id at p. 399.) 22 23 24 25 ' It should be considered an admission by Social Services that a substantial risk of 26 detriment does not exist regarding Father's abuse in that a(b)count,failure to protect,was not alleged in the amended petition. This is because Mather did protect the minors by reporting 27 these very old incidents when they occurred. 28 8 I B. THEAMENDED ET"IT'. ONIS FACIALLYI SUFFICIENT"T O SUPPORT§3006,1. "The minor's sibling has been abused or neglected, as defined in 3 subdivision(a) . . . and there is a substantial risk that the minor will be _ 4 abused or neglected,as defined in [that] subdivision[]." Because the allegations in the petition do not support a dependency petition 6 under section 300, subdivision(a), count 0) is also insufficient on its face and must be 7 dismissed. 8 9 _ II. 10 THIS COURT HAS NO JURISDICTION COVER THIS FAMILY WHO NOW LIVES IN ORANGE 11 COUNTY. 12 Mother has relocated to Orange County. She had transferred her legal address, 13 has a bank account, and an apartment located in Change County. An Orange County 14 Social Service Agency worker verified this residence. Although these incidents 15 allegedly occurred in Contra Costa County, the Contra.Costa County Social Service 16 Agency has 20 calendar days to respond to an allegation of child abuse. {Section 17 16504, subdivision(b).) The time to investigate and determine if the minors 18 emotional health or safety is in jeopardy has come and gone almost three years ago. 19 Therefore, the Contra Costa County Social Service Agency has waived any 20 jurisdiction regarding these alleged,unsupported incidents. 21 Because the Agency voluntarily dismissed their original petition in the apparent 22 acknowledgment that Mother's first demurrer filed on August 25,'1998, should issue, 23 coupled with the fact Mother no longer lives in Contra Costa County,there is no 24 longer any basis for jurisdiction in this County. 25 Ill 26 III 27 28 9 1 CONCLUSION 2 The facts, as stated, are insufficient to sustain a dependency petition. If the 3 Agency were legitimately concerned of the welfare of these minors, they could 4 forward their concerns and evidence to Orange County who could then conduct their 5 own investigation if they believed the accusations had merit. Therefore,the granting 6 of this demurrer will not subject any of these minors to a substantial risk of detriment. 7 The Contra Costa County Social Service Agency failed to recognize the harm 8 they inflicted upon this family, including the minors, when they filed them petition and 9 then their amended petition without cause. Alysha S. recognized that harm and held 10 that a demurrer is the proper remedy to quickly resolve the case, and limit the harm 11 inflicted by the government agency. For the foregoing reasons, Mother respectfully 12 requests this Court grant her second demurrer. 13 DATED: August 31, 1998 Respectfully submitted, 14 r l 15 16 Attorney for Mother ROSADA RUSSELL 17 18 19 20 21 22 23 24 25 26 27 28 10 ' EXHIBIT "011 I Law Offices of Pfeiffer&Rothlisberger RICH PFEIFFER 2 14211 Yorba Street, Suite 203 Tustin, CA. 92780 3 (714) 573-0198 Attorney for Mother, 4 R.osadaussell 5 IN THE SUPERIOR COURT OF THE STATE OF'+CALIFORNIA 6 IN AND FOR TSE COUNTY OF CONTRA!COSTA 7 JUVENILE COURT 8 IN THE MATTER OF Case Nos. I98-01981498-01984 9 DANIEL RUSSELL et al., 10 REQUEST FOR SANCTIONS Minors. 11 12 DATE: September 1, 1998 TIME: 2:0()p.m.. 13 DEPT: 61 14 15 Rosada Russell C Mother"),by and through counsel, hereby respectfully requests 16 this honorable Court to enter sanctions against the Contra Costa Social Service Agency. The court in LA. County Dept of C`hildrens Services a ,Superior Court(1995) 17 37 Cal.App.4th 439, sanctioned social worker a total of$1500 for reasons that included: 18 19 acting without regard for the minor's best interest,acting in bad faith, and acting for an improper purpose when the social worker attempted to punish the;foster mother for 20 daring to question a decision of the social worker. 21 In the present case,the Contra Costa Social Service Agency acted without regard 22 for the minors,when on two occasions,they filed dependency petitions without merit. 23 The Agency knows these are special needs children who take psycho tropic medication 24 and any threat to their home can easily interfere with their emotional well-being,which is 25 26 27 28 1 0_ I fragile.' Because the Agency continues to pursue petitions without regard to the minors, 2 a valid case for sanctions exists. 3 The original petition was based on unsubstantiated facts that Social Services 4 impliedly admitted when they requested dismissal of their petition. The amended 5 petition was based on facts that are almost three years-old. Incidents that were reported 6 to social services by Mother! Certainly attempting to claim an (a) count against Mother 7 when she reported the conduct of her former husband to social services was done in bad 8 faith. To further bolster the bad faith of the worker in this case, Government Code 9 section 820.21 is instructive. Section 820.21 removes any civil immunity for juvenile 10 court social workers for malice that includes: "(2) Fabrication of-evidence. (3) Failure to 11 disclose known exculpatory evidence. . . ." Malice is defamed as conduct intended by the 12 social worker to either cause injury or act "with a willful and conscious disregard for the 13 rights or safety of ethers." In this case, the Agency knows Mother has to fight these 14 baseless allegations from southern California. She, and her attorney must travel a 15 tremendous distance just to appear in court. Mother had to also transport the minors to 16 visit their court-appointed attorney. The case really revolves around Mother's assertion 17 of her Fourth Amendment right to privacy when she refused to permit the social worker 18 and police into her home without just cause. The Agency abandoned their original 19 petition only to submit an amended petition without the known exculpatory facts that 20 prove Mother did protect bite minors during the alleged abuse. The Agency has a willful 21 and conscious disregard for the rights of this family, and the safety of the minors. 22 Finally,the Agency's apparent motive in this case is retaliation against Mother for 23 24 ' The case In re Jeanette S. (1979)94 Cal.App.3d 52,recognized that removing a child 25 from the home can be a shattering experience and can be more damaging than the abuse. This 26 case is instructive in demonstrating the detriment that can face any child by the filing of an insufficient petition not once,but twice. This is especially true when the fragile emotional state 27 of these minors is known to the Agency. 28 2 1 participating as a member of a class action suit against the Contra Costa Social Service 2 Agency for their alleged misconduct. These unsupported petitions apparently are issued 3 for an improper purpose. 4 For the foregoing reasons, Mather respectfully requests this Court issue sanctions 5 against the Agency to help pay for the financial and emotional damage inflicted by the 6 Agency. 7 8 DATED: August 31, 1998 Respectfully submitted, 9 10 tL t 11 Attorney for Mother 12 ROSADA RUSSELL 13 14 15 16 _ 17 18 19 20 21 22 23 24 25 z Attorney Darren J.Kessler, attorney for minor Jessie in the class action law suit against 26 the Contra Costa County Social Service Agency,has informed me that each and every family of a class member has been harassed by the Agency. Mr. Kessler is available to provide competent 7 testimony as to these alleged facts if this Court deems it necessary. 28 3 0 - 3 Law Office of In re Daniel R. et al. Pfeiffer&Rothlisberger RICH PFEIFFER Attorney at Law Court of Appeal No. Mate Bar No. 189416 14211 Yorba Street, Suite 203 Attorney for Petitioner DECLARATION OF SERVICE I, the undersigned, declare: I am over the age of eighteen years and.not a party to the cause,I am employed in, or am a resident of;the County of Orange, California; - where the mailing occurs; and my business address is 1603 E. Palmyra, Orange, California 92866. I caused to be served the WRIT PETITION by placing copies thereof in a separate envelope addressed to each addressee in the attached service list. I then sealed each envelope and with the postage thereon fully prepaid„ I placed each for deposit in the United States mail, at grange California on September 8, 1998. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. -- Executed on September 7, 1998, at Tustin, California. RICH PI{EIFFER 30 Oervice List ice of the County Counsel )eputy County CounselPaul Muniz - ' " . Bax 69 0..,rtinez,CA 94553-0116 uvenile Court, Dept 61 00 Glacier Dr. vi rtinez,CA 94553 `3lic Defender D .,3uty Public Defender john Cooper 3024 Willow Pass Rd., Suite 100 icord, CA 94519 H!,nafi Russell (Father) 1 39 Keeler Ave. Berkeley, CA 94708 E.-men Kessler,Esq. (Jessie's attorney) 63.06 Eureka Ave. E Cerrito, CA 94530 31 APPLICATION TO FILE LA'T'E CLAIM January 19, : 999 BOARD OF SJPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA - BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this dFaumenE 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 Hoard. of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the 0WARNIIm below. Claimantt Russ Engineer 15(?=W7 Attorney: 0 E C I F 1998 Address: 2073 La Orinda Place COUNTY COUNSEL Concord, CA 94518 MAATMEZ CALIF. Amunt: In Excess of $10,000.00 By delivery to Clerk on December_9, 1998 Date Received: December 9, 1998 By mail, postmarked on December 8_, 1998 I. : erk of the Hoard o Supervisors TO-T County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: December 15, 19943HIL BATCHELOR, Clerk, By Z�✓_� � ' Deputy I. FROM: County Counsel 10: Clerk of the Hoard of Supervisors { } The Board should grant this Application to File Late Claim (Section 911.6). ( V1 The Board should deny this Application to File Late Claim (Section 911.5). DATED: VICTOR WESTMAN, County Counsel, By_Lw,.j s F� Deputy II. W= MEW By mous vo e of 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. DATE: , PHIL BATCHELOR, Clerk, By c � �" e Deputy WARNING (Gov. Code $911.8) If you wish to file a count action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Goverdment Cade Section 915.4 (claims presentation requirement). fee Goverment Code Section 946.6. Such petition must be riled with the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection With this matter. It 7M want to consult an attWM&--7oq should do so inwdiatel . Y. FRORi clerk of f : County unse County A s ra Or Attached are copies of the above Application. We notifed the applicant of the Boarrd'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: Iqqq PHIL BA3` ,OR, Clerk, By Deputy Y. FROM: 1 panty Counsel (95 County Admini rotor TO: Clerk of the Boar Received copies of this Application and Board Order. of supervisors DATED:� County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM CLAIM am Aro January' 12, 1399 Claim Against the County, or District Governed by ) td Board of Supervisors, Routing Endorsernents, ) NOTICE TO CLAIMANT and Boyd Action. All Section references are to The copy of this dcurnent mailed to you is your California Government Cods. l notice of the action taken on your claim by the Board of Supervisors. (Paregraph IV belovh, given pursuant to Government Code Section 913 and DEC 1 p 1998 915.4. Please note all "Warnings". AMOUNT: In Excess of $10,000.00 Co "Ty ctGulvs�l. MARTINEZ cAl l�. CLAIMANT: Russ Engineer ATTORNEY: BATE RECEIVED: December 9, 1998 ADDRESS: 2073 La Orinda Place BY DELIVERY TO CLERK ON: December 9, 1998 Concord., CA 94518 BY MAIL POSTMARKED: December 8, 1998 L FROM: Clerk of the Board of Supervisors M. County Counsel Attached is a copy of the above-noted claim.. December 10 1998 PHIL BAT LOR, Clerk Dated: By: Deputy II. FRt)M: County Counsel TO: 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 910.0. ( } 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). { 6ther: ir Th , is q f qtr t ,jtt.�f r✓�/' �� y Dated: By: Deputy County Counsel III. FILUM: 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 ORDFX By unanimous vote of the Supervisors present: { } This Claim is rejected in full. { } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NCAIIJNG 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 CCs County Counsel County Administrator The' Board of Supervisors Contra Barr arw County Administration Bu#dirQCounCosta ji r 851 Pine sires#>Room 106 County Martinez,California 94553-1293 Jim Rogets,tst District � ftyb S.ulttcams,2nd District Donna Garber,3rd District Mot DeGaukdair,4th District Joe Canclamitte,5th District ; TO: Russ Engineer 2073 La Orinda Place Concord, CA 94518 NONCE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented on to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on December 9, 1998, has been reviewed by County Counsel and is being returnedto you herewith because: Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented within 100 days after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) X Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911.6) You may seek the advice of an attorney of your choice in connection with this matter. H:\GROUPS\TORT\RISK^MGT\CLAIMS\LATE\NTCLATE.WPD If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Clerk Dated: Enclosure Affidavit of Mailing I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the above Notice to Claimant (of Late Submitted Claim), addressed to the claimant as shown above. Date: By Phil Batchelor by Deputy Clerk H:\GROUPS\TORT\RISK-MGT\CLAIMS\LATE\NTCLATE.WPD CLAIM .BMI)A January 12, 1999 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsennts, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of flus docunut rneiled to you is your California Govermnent Colles. ) notice of the action taken on your claim by the Board of Supervisors. {Pararaph IV below}, given pursuant to Govemnent 'Code Section 913''and 915.4. Please note all * tonings". AMOUNT: In Excess of $10,000.00 CLAIMANT: Russ Engineer ATTORNEY: DATE RECEIVED: December 9,I, 1998 ADDRESS: 2073 La 0rinda Place BY DELIVERY TO CLERK Oil: December 9, 1998 Concord, CA 94518 BY MAIL POSTMARKED: December 8, 1998 L FROM: Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above noted claim. December 10 1398 PHIL BAT SLOB, Clerk Dated; By: Deputy_ G Gt � �C II. FROM; County Counsel TO: Clerk of the Board of Supervisors { } This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } 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 lII. 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 ORDEW By unanimous vote of the Supervisors present: { ) This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk �, WARNING (Gov. code section 913) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the m-a. file a court ,ion on tat:-., ;laim. Sec Government Code Section 945.6, You may seek the advice of an attorney .::,r choice ire c avection this mart-ff. If+ want i consult an attorney, you should do so immedia *For Add Warn: a. ve Reverse Side (43 This Notice. AFFIDAVIT OF MA:t -MiG 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 df-posited in the United States Postal Service in Nlla Inez, California, postage fully prepaid a certified copy of this Board _)F der and Notice to Claimant, addressed to the claimant as shown above. Bated: By: PHIL BATCHELOR By Deputy Clerk t .4eo6tr�l,w,,, County Administmtot ° P1 THE IAW GFFICES CSF DAWN M. IIIJNIFP [dawn M. Hunter, Attorney At Law 395 Railroad Ave., Ste. 7 Pittsburg, CA 94555 Phone (SIO) 432-4132 { Fax (51 Q) 432-6782 1 E-mail Lawdmh2C@aol.com say ; Fail c . December 7, 1998 Contra Costa County Berard of Supervisors c/o Clerk 65I Pine Street,6a`Floor Martinez,CA 94553 Dear Board of Supervisors: Please find the following as notice of a claim against Contra Costa County pursuant to Government Cade Section 910. The claimant is Russ Engineer, 2073 La Orinda Place,Concord,CA 94518. All notices pertaining to the claim of Mr. Engineer shall be sent to his attorney of record,Dawn M. Hunter, 395 Railroad Ave., Ste. 7,Pittsburg, CA 94565. The date of the incident is April 28, 1998. The incident occurred at Contra Costa County Medical Center. The nature of the incident is that Mr. Engineer engaged Dr.Zaks to perform surgical repair of the right sided hernia he sustained. However,during the operation., an incision was made o the left side resulting in a permanent scar and substantial pain and suffering. As Plaintiff's injury is substantial,the claim is in excess of$10,000.00. Very Truly yours, OLM W). su'��_ Dawn M.Hunter,Esq. cc: Russ Engineer Fn&tea/exmes/CCC 12-7 I Dawn M. Hunter, Esq. , Bar No. 177153 The Law Offices of Dawn M. hunter 2 395 Railroad Ave. , Ste. 7 Pittsburg, California 94565 3 Telephone: (925) 432--4132 Fax: (925) 432-4132 5 Attorney for Plaintiff RC;SS ENGINEER 6 7 IN THE SUPERIOR COURT OF THE STATE 4F CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA COUNTY a 5 Russ Engineer, Case No. Plaintiff, 11 STs. APPLICATION FOR PERMISSION TO PRESENT LATE CLAIM AGAINST 12 Waiter Zaks, MD, Contra Costa GOVERNMENTAL ENTITY 13 County Regional Medical Center, and DOES 1 to 10, [Govt . Code Sed. 911 . 41 14 Defendants . i5 TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS 16 Application is hereby made for permission to present the attached 17 18 claim after expiration of the time limit provided in Government 19 Code sec. 911 .2 . 20 (1) As stated in the attached claim, claimant' s cause of 21 action accrued on or abort April 28, 1998 . ' 22 (2) The time for presentation of such claim under Government 23 Code Sec. 911 .2 expired on or about October 28, 1998 . 24 (3) The reason for the failure to present such claim within 25 the time provided in Government Code 911 . 2 was as follows: 26 27 Plaintiff' s attorney mistakenly believed the attached, 2 written claim she submitted to Ron Harvey cin .Tune 23, 1998 1 sufficed as the requisite notice. As plaintiff has 2 substantially complied with the claim notice pursuant to 3 Government Code Sec. 911 .2 in that his attorney submitted. a 4 claim setting forth the nature of the injury, the date of 5 the injury and the parties involved, no prejudice will 6 7 result from the grant of the instant application for 8 permission to present a .-ate claim. 9 10 11 L 2 Dated: D r- yllkx � y ��1�t$ The Law Offices of .Dawn N. Hunter 13 Y 14 Dunter, Esq. Attorney for Plaintiff 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pawn M Htintof, Attorney At Law 222 Sen Point Phone (510) -02-4132 Fax (3141)4.42-6782 E-mail 1,aw(411411 .txitl,"If t C (m.c'ti`,Eit, CA 015i iiwt tanA)sc d a copy of illy letter to Mr. Harvey initiatntg settlement,dis<.ussions. 1 antic itiale our discwr slofls�viit bv sornvvvilaf lent thy given the s0tivrient amount we are considering, Addition€Illy,please be <lifl t zs"i,i iF+# +� i t," t; 3.?i' ( li1CCl I"t'E;til'dli3?your residuals, 1;i a. iii 4e30,k(tt t Nils 1W oil vacation from Juste 26, 1998 until July 5, 1908, li vt m 1,,sv(( avy titlt:"tion-,ov comments please d«not hesitate to catl tyle at the atorcmentione d plioue Wry Tridy_yours, Dawn iv2. hunter, l sq- t: 04 cl cl ``IR S 3 * S w s..o � # New Ll cc Q.. ." a _ U .' U .., OX ra O _...... ......... ......... ......... ......... ......... ..._..... ....... _...1.11.1 ..................._.... ......... ......... .......... 1 ......1..11 . .... ........ ........ ......... ......... ......... ......11.11. ......... ......... ......... ........... . ......... .. .... ......... 0910111ST contras Costa cowty Social SerWA-cords Com SOSVSLOG 11:42 AM -0n Staff Pewn; Patricia Senior<N t 80 page: 1 of 2 DELIVERED SERVICE LOG All Contacts, Services&Visits FROM: 7/22/1998 TO: 9/1/1998 FOR: Daniel, Russell Gin. cc D, .el 01-wt t 88' l,i x�e "�, # iw nt # lff tif t3# : 3 i.ci h t 'exnn4n< curt Stats:C�si�pleed " The mother was presnt at court without an attorney. She requested that an attorney be present with her for the hearing. Referee Stirling ordered the minors to receive counseling and ordered the mother to cooperate with CPS in investigating alleged abuse of minor including private interviews of minors and sign release of information forms to get medical and other appropriate records. The mother was also referred for counseling. The mother gave the court the address of 17276 East W scan Road, Tustin CA 92768 and signed her name and date of 8/20/98. Ms Russell was very upset after court and said she would have an attorney represent and she did not understand how our county could file on her she informed us a month ago that she had moved out of the county, . Frank Zagone explained the situation to the mother but she continued to be upset and said she would get her attorney to help her with this situation. CC►t�# tCt $t8: StB< 3ne1�81f Qf L�� 1c9xsv ,1 Contact urperse: l eer ery +we toil. at S Person: >"ratik.: a one Paticipi�it #;;sal: t � .1 reato�12, aeac�se inxasel . "" Method: Tl.ephefl€ Etiert': ffiCe; tit : Cpnp3 e.ted Talked to Hanafi Russell who says he is separated from Rosada Russell. He says he is seeing the children in supervised visitation. The Russell's seperated in 1994 and he has visiting rights. In 1996 there was an evaluation done by Dr. Rosemary Bower in Berkeley on both Rosada and Hanafi Russell and Dr. Sower recommended that both parents have joint legal custody and Rosada have physical custody, the father have supervised visitation and that a special master be oppointed (child psychologist) to review supervised visits and look into matters related to the children. The special master was never appointed because felt it denied her rights as a parent to have automouse rights over the kids. Hanafi called back - rosada has put Ronnie and Jesse into a mental hospital. said police was there since Ronnie was threatening her with a chair. He ould go into a range and she had him taken by an ambulance to a mental hospital. Hani€i sees himself as a father and wants to be. 2 incidents to CPS, 1 -- Had boys and Rosada upstairs or shopping. Michael in severe stages of ADD He was on ritalin and had not taken his meds and after 2 hours of beating up is brothers he told him there was time out in the kitchen Michael refused and Hanifi held Michael down and Jesse bit his lip'. Hanifi 2nd } i t ilC?1 tl988 corAm 00"CoUrAy,$OcW sm-Caomo$COWA SDSVSLOG I Q A�+4 #' -On Win: tslEtt"Sn h N1 SE] P : 3 Of 2 time - day before Christmas - pulled back Ronnie from the car because they were all crowding around the door and he was trying to move them back by pulling him by the collar. Later in evening he accidentally dropped Ronnie in playing. Rosada wanted control. Michael had to the Control until meds set in. Michael: and Ronnie have been very difficult. Mr Russel says that he wanted a special master but he could not afford the cast of the special. master. Individual theraphy was recommended for bath Rosada and Hanafi and their counselor would confer but Rosada refused-to to to counseling saying it was a violation of her privacy to have a therapist talk to her, talk to someone else. She said she past separation and divorce. they are presently legally seperated. During last 3 yrs Hanafi has seen the children only on a very limited basis like lx a month because he had to pay for supervisor. She would not allow Mr. Russell any access with the children. 1/98 Family Court agreed to change the situation. the Father visited at Family Stress and he was told to go to Family Court Mediation and he has met twice with Habara Bower and os thie is a MOV reached in mediation. bh t Date: 08128/1998 Ori 96hel€0f:Daniel Ru#� # t$CLF tl!'�OSO: Deliver Service acs Cl lent �1 t tx# '. r , h Method: .Tel ephone L# 8#C�E1.cWB �Ji f ice � 8 � sl et�si Hanafi Russell is seeing the 2 older boys this weekend Daniel and Michael. He Can only see Ronnie and Jessie when Rosada is present. Jesse is not legally adopted by Hanafi. He says Rosada say she is living somewhere else but she wont say where. He know he united a cousin in southern CT. Mr. Russell says the past 3 years have been very painful for him. He was a hero who adapted there children and then all of these accusations of hitting the children. He is very concerned about the mental health of Ronnie. He got supervised visits because of the reports made by Rosada l.Mchael restained because he was beating up the other children and he split her lip. 2. Ronnie crowed around the car - Rosada alleged abrasions on neck. _......_. ......... ......... ......... ......... ......... ......... ......... ......... _.. .... ........ .......... ......... .......... ....... ........ ......... ......... ......... ......... ......... ......... ......... _....... ......... ......... . ............. . ... ......... EXHIBIT «E" .......... ................................................................................... ..................................................... 3` CQC1AL SERVICE DEPARTMENT CONTRA COSTA COUNTY TO: John Boylan �� BATE; January 30, 1996 FROM: Megan Sanderson CC: Danna Fabella Cheryl Cook SUBJ: Faster Home Investigation: Nancy Carey�l Rosada Russell 1313 New Hampshire Dr. Concord,CA 94521 I. Allegations: On November 1, 1995 Children's Protective Services received a report alleging that Hanafi Russell, adopted father of Michael Russell, physically abused his son, Michael a seven year old child diagnosed with SED and AIT. The minor lives with his adopted mother, Rosada Russell,and his three adopted brothers.', On Saturday October 28, 1995 father was having a supervised visit with his children at mother's Concord home. Mother was supervising the visit but had to leave the home to go to the pharmacy and pick up medication for the bays. During her absence it is alleged that father punched Michael in the lip and grabbe him by the throat. Mother returned home and found the minor sitting in the kitchen with a bloody mouth. _ A second and third incident of alleged abuse occurred January 3, 1996 and involved the physical abuse of sic year old Ronnie a Russell by his father Hanafi Russell. Two separate incidents occurred that day. Father was having a supervised visit on January 3, 1996 and mother was supervising the visit. They were all leaving the store and getting into the car. Father attempted.to move the mirror away from the car by pulling the hood of his jacket causing the jacket zipper to pinch the minor's throat and causing the minor to choke for five ntinutes (according to mother). The minor was very upset and got into the ear and cried. According to mother, father did not offer any consolation. Later that same day, the minor approached father and asked him to play a game in which father picks up the minor and allows him to do a flip while being held by father. Mother asked that father not play this game but claims that when her back was turned he did it anyway. While father had the minor upside down mother claims that father"dropped"the child causing his forehead to hit the ground and resulting in a large bump. Mother claims that father dict not offer any consolation to the minor ujntil she told him he needed to dei so. Mother later called the police - to report all incidents of abuse mentioned. - E - 1 Gen 9c, (New 3186) 1 ......... ......... ......... ......... ......... ......... ......... ......... ......_.. ...1.111 __ ........................ ......... ......... .......... ......... .1.....111 ....... . ........ ......... ......... ......... ......... ......... ......... ......... ............. ..... ......... Rosada Russell Re. Home Study Page 2 11. Prior Allegations; "There are no prior allegations reported to Children's Protective Services, however, during the investigation process mother and children did reveal a past incident of abuse. 1. Minor, Michael Russell reported that on an undetermined date, father was angry with hien and punched him in the head with his fist. Minter Ronnie Russell was there at the time and confirms this. When social worker questioned father regarding this past incident he admits to"knocking" the minor in the head with his fist. 111. Findin After investigating the current allegations,the first incident occurring on October 28, 1995 was substantiated as it was determined that the father used excessive and inappropriate force with the minor. The second incident occurring on December 23 1995 was substantiated by the minor and by mother. The third incident occurring December, 1995 was unsubstantiated based on interview with father and that when interviewed the minor did not state that he felt it was not an accident. IV. Persons Interviewed. 1. Rosada Russell. November 30, 1995 Home Visit,December 7, 1995 Home Visit,December 22, 1995 Home Visit,January 5, 1996 Home Visit. 2. Hana€ Russell. January 5, 1996 Home Visit. 3. Jesse Russell. January 5, 1996 Office Visit(interview), also seen January 5, 1996 Home Visit. 4. Daniel Russell. December 7, 1995(interview), also seen January 5, 1995 Home Visit. 5. Michael Russell. December 7, 1995 Horne Visit. 6. Ronnie Russell. January 5, 1996 Office Visit(interview) seen also on December 7, 1995 Home Visit,December 22 1995 Home Visit, 7. Rosemary Bower(phone conference)January 8, 1996. i ......... ......... ......... ......... ......... ......... ......... ......... ........_.._.. ... . .......___...._.... ........... .......... ........ .......... .. ....... ......... ... ...... ........ . ........ ........ ......... ......... ......... ......... ......... ........... . ...... ......... Rosada Russell Re: Horne Study Page 3 V. lnvegtigaton: On December 7, 1995 the social worker interviewed both Michael and Daniel Russell ages seven and eight at their mother's home in Concord. Rosada Russell was present at the interview as per her request. The social worker asked Michael if he would tell me about what happened with his diad the day he was over for a visit. The minor appeared upset and looked down. His mother encouraged him to tell me what happened. He stated that his father"punched him in the lip". The worker asked him if it was with his fist`,the minor replied yes. The minor did not remember being choked. Daniel Russell stated that he did not recall his father ever being abusive with him. The worker interviewed Rosada Russell on November 30, 1995 and December 7, - 1995 at her home. Mother stated that on October 28, 1995 father was having a supervised visit, supervised by her. The visit was taking place at her home. Mother has to go to the store to buy medication for the boys. She left her home for about one-half hour. When she returned she found the minor Michael sitting in the kitchen with a'bloody mouth. According to mother the minor stated that father had punched him in the mouth and then had choked him. Mother confronted father and he seemed apologetic. The social worker interviewed Hanafi'Russell on January 5, 1996 at his office in Berkeley. Father stated that on October 28,he was making breakfast for the;boys while mother was not there. He doesn't remember if she was away from the>house or in her room. He states that the minor was acting out and hitting his brothers. Father warned him to stop and after several warnings asked him to sit in a throe-out in the kitchen. The minor refused so father,who was angry at the time, grabbed the minor and restrained him on the kitchen floor. Father pinned the I minors arms beneath his own shins and then grabbed his'mouth to tell him to stop acting but. When the minor sat up there was a"small"amount of blood in the minor's mouth. According to father the minor did not cry. Father felt that the amount of blood was insignificant and was not able to determine its origin. Father then>asked'the minor to sit in the kitchen for the remaining of his time-out. Father stated that he felt badly,after the incident. Regarding this first incident of alleged abuse the findings were substantiated. Although the mirror states that he was punched and father says he grabbed the mincer,it is clear that fattier implemented inappropriate use of excessive force. Regarding the second incident the social worker interviewed the mother on January 5, 1996. She stated that she and father had taken the children to the stare. Father was having a supervised visit with the boys with mother as supervisor. They were getting into the car when all the children crowded the door. Father grabbed the back of Ronnie's hood and pulled him away from the car so that he .._. ......... ......... ......... ......... ......... ......... ......... ......... ...... ........__. ......... .......... ........ ... .......................... ...... ...... ......... ......... ........ ......... ......... ......... _........ ......... .............. ............. Rosada Russell Re: Home Study Page 4 could unlock the door. This caused the zipper to pinch the minor's throat and resulted in the miner choking,for five minutes. The minter started to cry and then gat into the car. Father didn't appear upset and did not attempt to comfort the minor. Later that same day the minor asked father if he would play a game in which father held the minor by the hands while the minor did a flip. Mother asked father not to - do this. When mother turned her back father did it anyway. As the minor was upside down and about to flip over father"dropped"the minor on his forehead causing a large bump. The minor was very upset and started to cryand then rah to his room. Father did not apologize and did not appear concerned. Mother then demanded that father go and comfort the minor which father did when asked. Ronnie later told mother that father had dropped him on his head. The worker interviewed the minor Ronnie on January 5, 1995 with mother and brother Jesse present. The social worker asked the minor what happened when he was getting into the car with his father. He appeared upset and angry talking about it. The minor stated that his father had pulled his jacked>and choked him. When the worker asked if it was hard he replied"yes",that it hurt him. The minor stated that he felt angry at his father. The socialworker asked him if something else happened that day. The minor says that he was playing a game with his father where he would flip over and that he"hit his head'on the floor". The minor does not,refer to father"dropping"'him. The minor stated that although he felt angry at the time he did not feel angry any longer. Minor, Jesse Russell was also present at this same interview. This minor offered than his father was never mean to him tike that. Mother added that the abuse seems always to be focused on Ronnie and Michael. Father is very loving with Jesse and Daniel'and has never been abusive with them. The social worker interviewed the father on January 5, 1996 regarding this incident. Father stated that he was irritated'because his visit was being interrupted by a shopping trip that the mother needed to go on. When all the children crowded the car he says that he just grabbed the one nearest to him! Father admits that"maybe it was too hard"and that he was angry. Father stated that he did not try to console the minor. Regarding the later incident father says that he was playing the ffipping game with Jesse and Ronnie approached him and asked him to do the same with himt. Mother asked him not to do it. Father was irritated with mother and decided to go ahead and do it anyway, As he was.:flipping the minor, father states that he felt nervous going against mother's wishes and when the minor was upside dawn,father's hands slipped and he dropped the minor. Father indicated that the minor fell about eight to twelve inches from the floor. Father states that upon mother's request he went to comfort the minor and tried to spend individual time with him at bed time _. ......... ......... ......... ......... ......... ....._... .. ...... ........_... ......... ......... ... ............... ......... ......... ......... ......... _ ..._._............................................................................................................................_. .. .............................................................................................. Rosada Russell Re, Home Study Page 5' In regards to the second incident the allegations are substantiated by both the minor and mother. Father admits to being angry and to using excessive force when pulling the miner's jacket. The incident that occurred later that day is unsubstantiated. Father claims that the incident was an accident, and the minor does not specify that father actually dropped him. After the incident on December 23, 1995 mother called the Concord police after father left her home. Mother reported bath the prior incident involving miner, Michael Russell and the incident that had occurred that day with minor Ronnie Russell. The police took note of Ronnie's injuries. Police Report #95-32483. VI. valuation: Both Hanafi and Rosada Russell were cooperative in participating in the investigation. Mrs. Russell was extremely sensitive and empathetic towards her children and regarding the alleged incidents of abuse. Mr. Russell was somewhat empathetic and sensitive regarding his children, although he lacked the ability to recognize the ramifications of his actions and did not react appropriately after the alleged incidents. Ms. tCrA:a+ssen.xs E--S ................................................................................................ .............................................................................................................................................................................................................................. ............................................................................................. EXHIBIT "F" ............. ............................ 3U1.-08_9e WED 01 :so PM Sb1fi RION L Y 530 $91 SSa1 P. 01 NORTH MRICAN OT!NCII, ON ADOPTABLE CHILDREN ' National Ad*ptiorn Assist Ace -S-MON M.SELB°Y, MSW Traiz�t�g,Res#�uMe�Information Network 070 LYNN LANE (N A A T R t N) CHICO, CA 95926 Sharon M. Selby. msw tCSW Califara#, Represeatxt#Ye ---.'.-'. 874 Lyra lane telt t5 o)tsl 8393 _ 7/7198 ch#ro,ca##rornia 95926 e.# MI: ie1bych @aol:c0rd TO: FRANK ZAGONI, CONTRA COSTA Cts. PROTECTIVESERVICES FROM: SHARON SELBY,AUTHORIZED REPRESENTATIVE FOR RUSSELL RE CPS REFERRAL ftosada Russell requested that I write this letter of support for her family. I have known Rosada's family for over seven years. I' was the original private agency adoption worker who placed Michael and Jesse with the family. I have continued to be a resource person and advocate for the family since then. On many occasions, I have visited the home for several hours at a time. Rosada has attended adoption workshops with me. I usually speak with her by phone on a weekly basis. I have no reason to believe that Rosada is anything other than a devoted and competent w mother. There is no doubt that the three little boys adopted by the Russells from the foster care system are very challenging due' to the sovore drug/alcohol exposure they suffered prenatally. I have worked with many children similarly affected. This is pat of the legacy of the epidemic of illegal drug use and alcoholism in our society. Only because of the superb parenting skills demonstrated by Rosada Russell, are these children able to live within a family most of the time. As with most children affected by prenatal drug/alcohol exposure, Michael', Ronnie and Jesse will need periodic psychiatric Intervention and hospitalization to adjust the medications they require to Imre safely at home. Jesse is an especially tragic case. Born to a drug abusing 'alcoholic mother. he suffered neurological impairments which have caused attention deficit, hyperactivity, impulsivity, learning disabilities and borderline psychosis. Josse has a very fragile grip on reality, often preferring to live in at _. _._. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .11.11 ........ ................_....... ......... ........1111 ....... ... ......... .. ... 11......11 ......... ...........11...1.1 ........ ......... ......... ._....... .. ....... ......... 5: 3 Page 2 RUSSELL I.antasy state in which he is prone to express elements of fantasy as though they were real. 'Telling "tallstories" is common with six year olds, but most realize when they are fabricating stories. Jesse appears unaware of when las is fabricating and when he is relating an accurate account. An obvious example of this is the recent story.that Jesse told his psychiatrist from Walnut Creek Hospital about the bruise on his leg. The doctor must not have noticed the incident report and photograph in Jesse's hospital file which described' an incident in which Jesse was confined to a "quiet room"' at the hospital due to a tantrum and injured himself on a piece of furniture in the room. (Why an isolation roam would have furniture is a question of concern.) Jesse altered the reality of the incident by claiming he was injured by his tan year old brother. This is very typical of children who fabricate stories, The psychiatrist must bo a little inexperienced with this sort of child'. In conclusion, I want to emphasize that I am confident that no child in the Russell home is at risk of injury or abuse at the hands of a sibling or anyone else in the household. It is really a pity that this mother has had to have a week of worry over this report. Parents of special needs children have enough worry already, without the social service system adding to the burden unnecessarily. If you have any questions, please do not hesitate to call. ......... ......... ......... ......... ......... ......... ......... ......... _......_. .. ........ .......... .._..... ......... .............. . ..... . ........... ................. ......... ......... ......... ......... ......... _..... _........ ......... ......... ............ ...... ........ EXHIBIT "G" r July 13, 1998 Mr. Frank Zagone Contra Costa County C.P.S. 30 :Muir 'Road Martinez, Ca. Dear Mr. Zagone: I am writing this letter to you as a follow up to a conversation that I had with Rosada Russell on Friday July 10, 1998, regarding her son, Jesse Russell. Rosada shaved with me her concern about Jesse's stories which apparently have raised some red flags with people who are not familiar with Jesse. Jesse was in my Special Day Class from January 5, 1998 ,until May 2, 1998,'' when he was admitted to Walnut Creek Psychiatric Hospital. My class is located at Sunrise school. We are part of the Mt. Diablo Unified School District. Our school is a center for children with behavioral and emotional problems that cannot be served in a less restrictive environment. Jesse was in a class with eight other students, a full time assistant and myself each day. During the five months Jesse attended my class he stale property from home and brought it to school, he stole from his peers at school, he also stole from the classroom on a regular basin (daily). Jesse also had a difficult time distinguishing fact from fantasy. Daily, during group time, he told outlandish stories about home (going to Disneyland, Disneyworld, winning the Nickelodeon Kids Contest, buying various toys at Toys R tis, how much money he had, etc.) and about events at school. He would share about recess problems or events which never took place. He was constantly under adult supervision. When confronted with his stories he would shut down and refuse to 'discuss them with an adult. It appeared that :he actually believedhis stories. When a consequence was given to him for breaking a rule for for his behavior he usually blamed someone else for his behavior, again telling a story. Jesse's behaviors are serious in nature and are cause for concern. He is being moved from a public school program for behaviorally and emotionally disturbed children to a more restrictive setting for; children with these types of problems because our program was not meeting his needs. The IFP meeting for placement was held in early Juste, 1998 to change his placement. _...... .. ......... ......... ..........._. _. __ ....... ........._. ....._... ......... ........... ._....... .._..... ......... ......... ......... ............._.. _. ................. ....... Please call me at 6$7-0202 if you feel you need more information about Jesse. Tom Petersen, our school psychologist, would also be happy to speak with you. He is on vacation until mid August. Sincerely, Ellen Terminello Special Day Class Teacher __. _.. ......... .... _... . _ .... ............... ......... ........... ......... ._....... ......... ......... __ _.._.._. ..... ._....._. ......... ................. .................................................................... EXHIBIT "H" 1 Law Offices of.Pfeiffer& Rothlisberger RICH PFEIFFER 2 14211 Yorba Street, Suite 203 Tustin, CA 92780 3 (714) 573.0198 Attorney for Mother, 4 Rosada Russell 5 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 6 IN AND FOR THE COUNTY OF CONTRA COSTA 7 JUVENILE COURT 8 IN THE MATTER OF Case Nos. J98-01981498-01984 9 DANIEL RUSSELL et al., Alysha S. MOTION 10 Minors. (AKA DEMURRER) 11 12 DATE: August 25, 1998 TIME: 2:00 p.m. 13 DEPT: 61 14 Rosada Russell ("Mother"), by and through counsel, hereby requests this 15 honorable Court to enter a demurrer to the dependency petition pursuant to Welfare 16 and Institutions Cade' section 300, filed on April 3, 1998. Said motion is based on all 17 papers in the Court's file, these moving papers, and any oral argument presented in 18 support thereof. Mother demurs to the petition on the followinggrounds: 19 1. The petition is facially insufficient to support jurisdiction. 20 2. This Court does not have jurisdiction to hear this case. 21 Ill 22 III 23 III 24 25 26 ' All ftuther references are to the Welfare and Institutions Code unless otherwise 27 specifically stated. 28 1 I fATEMENI E THE C 2 On June 3, 1998,the minor's mother failed to provide adequate care and 3 supervision in that Daniel had scratches and bruises allegedly inflicted by his brother 4 bonnie. No witnesses, other details or facts accompany this allegation contained in 5 the dependency petition. Additionally, sibling Jessie had bruises resulting from an 6 alleged fall down some steps. No other details or facts accompany this allegation 7 contained in the dependency petition. 8 10 Jessie received a bruise to his right leg when he hit his hospital bed while doing 11 cartwheels on June 8, 1998.2 On June 16, 1998, Jessie claimed to the hospital staff 12 that he received the bruise to his leg as a result of Mother beating him with a belt. 13 .However,the hospital staff had previously documented the original cause of the bruise 14 as having been incurred in the hospital on June 8, 1998. The hospital documented that is this new cause of injury was Jessie seeking attention claiming his bruise had gotten 16 worse. Hospital documentation indicated the bruise had not gotten bigger but had 17 responded to medication as anticipated. 18 Jessie attended school at the Mt. Diablo Unified School District and attended a 19 special class for children with behavioral and emotional problems. Jessie's teacher, 20 Ellen Terminello, wrote a letter stating that"Jessie . . . had a difficult time 21 distinguishing fact from fantasy." 22 Mother had relocated to Tustin,California, and currently resides in an 23 apartment located at 17276 Nissan Road, Apt A. 24 25 26 27 Jessie was hospitalized on May 25, 1998 regarding a hyperactive mood disorder. 28 2 I "VERIFICATION 2 I,RICH PFEIFFER, declare. 3 I am a licensed attorney in the State of California. I am the attorney for Rosada 4 Russell,the mother in this action. I have reviewed the foregoing Statement of Facts 5 and am familiar with their contents. The facts alleged are true and correct of my oven 6 personal knowledge, except as to those matters which are stated to be known by 7 information and belief. As to those matters,I believe them to be true. 8 I declare under penalty of perjury under the laws of the State of California the 9 foregoing is true and correct. 10 I l DATED. August 25, 1998 Respectfully submitted, 12 13 14 Attorney for Mather 15 ROSADA RUSSELL 16 17 18 19 20 21 _ 22 23 24 25 26 27 28 3 _...... ......... ......... ......... _... _ __... _._...... ......... ......... ......... ......... ......... _ _... ......... ......... ......... .........__. ............................................... 1 VERMCATION 2 3 I, ROSADA RUSSELL, declare: 4 1 am the parent of the minors in this action. I have reviewed the foregoing 5 Statement of Facts and am familiar with their contents. The facts alleged are true and 6 correct of my own personal knowledge, except as to those matters which are stated to 7 be known by information and belief. As to those matters, I believe them to be true. 8 I declare under penalty of perjury under the laws of the State of California the 9 foregoing is true and correct. 10 11 DATED: August 25, 1998 Respectfully submitted, 12 - 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 I MEMORANDUM of PozaS AND AMMURITIES 2 L A DEMURRER IS A PROPER MOTION 3 IN A JUVENILE DEPENDENCY CASE WHEN THE PETITION IS FACIALLY 4 INSUFFICIENT TO SUPPORT JURISDICTION. 5 "A petition, in a manner similar to a civil complaint, must contain `A concise 6 statement of facts, separately stated,to support the conclusion that the minor upon 7 whose behalf the petition is being brought is a person within the definition of each of 8 the sections and subdivisions under which the proceedings are being instituted.' (§ 9 332, subd. (f).)""We have characterized such a challenge as `akin' to a demurrer. (In 10 re Fred J. (1979) 89 Cal.App.3d 168, 176 & fn. 4; see In re Tray D. (1989)215 11 Cal.App.3d 889, 896;In re J.T. (1974)40 Cal.App.3d 633, 639.)" (In re Alysha S. 12 (1996) 51 Cal.App.4th 393, 396-397.) 13 "As we have said before in another context, a pleading is not merely `a ticket to 14 the courtroom which may be discarded after admission.' (FPI Development,Inc. u 15 1Vakashima (1991) 231 Cal.App.3d 367, 381.) (Id At p. 399.) 16 In the present case, it is not known how Daniel received his scratch from 17 Ronnie. The severity of the scratch is also not known. The petition also fails to state 18 how the injury was sustained by Jessie from an alleged fall down some steps. 19 Conversely,hospital reports indicated Jessie's injury resulted from doing cartwheels in 20 his hospital room,not from an alleged fall. 21 Neither of these incidents can support an allegation of child abuse. 22 Therefore,because the petition is facially insufficient to support any of the 23 alleged incidents of child abuse under section 300, subdivision(b),the petition is void 24 and this demurrer should issue. 25 26 111 27 28 5 + . 4 7 I A. THE P.ETTIT'If3NIS FAC`IA.I.,LY.t. UF,1 IClENT TO SUPPORT'§300(h). 2 Section 300, Subdivision b reads in pertinent part: "The minor 3 has suffered, or there is a substantial risk that the minor will suffer, seti ms physicalharm or illness, as a result of the failure or inability of 4 his or her pArsat or guardian to adequately supervise or protect the S minor, or the willful or negligent failure or the minor's paren or 6 guardian to adequately supervise or protect the minor from the conduct of the custodian with whom the minor has been left . . . !" "The minor 7 shall continue to be a dependent child pursuant to this subdivision only 8 so long as is necessary to protect the minor from risk of suffering serious _ 9 physical harm or illness."(emphasis added.) 101 The facts stated in the(b)count of the petition are insufficient to support an 11 incident of serious physical harm due to the parent's willful or negligent failure to 12 protect the minors from that harm. 13 In Alysha S., the father repeatedly beat the mother and was arrested and 14 incarcerated for domestic violence. The mother, in spite of advice by Child Protective 15 Services not to do so, dropped the restraining order and resumed living with the father 16 upon his release from incarceration. A year earlier, father touched the minor's _ 171 buttocks and vagina in a lewd manner and mother failed to protect the minor from the 18 father. The Department never alleged the minor would likely suffer serious physical 19 harm. "Subdivision(b)means what it says. Before courts and agencies can exert 20 jurisdiction under section 340,subdivision j (b),there must be evidence indicating that 21 the child is exposed to a substantial risk of serious physical harm or illness."(In re 22 Alysha S.,supra 51 Cal.App.4th 398-399.) 23 In the present case,the petition is silent as to how Mother failed to protect the 24 minors from a substantial risk of harm that she "knew or reasonably should have 25 known"existed. The reason the petition cannot state the basis for reasonable 26 knowledge of the harm inflicted upon Daniel is because it is not known how Ronnie 27 28 6 fi 1 scratched Daniel. Certainly, a scratch does not equate to a substantial risk of seri1jus 2 Physical harm under any definition. 3 The injury incurred by Jessie was self-inflicted while he was in the hospital. 4 Jessie was not injured while he was in Mother's care. No facts are alleged, or inferred, 5 that indicate Jessie's injury was in any part due to the failure of Mother to provide 6 adequate care or supervision to her son. The contrary is true, Mother did provide 7 professional help for Jessie by admitting him to the hospital for the emotional 8 treatment he apparently needed. This cannot be interpreted as a failure to adequately 9 protect or care for Jessie. 10 Again, "a pleading is not merely `a ticket to the courtroom which may be 11 discarded after admission,"'yet that is exactly what SSA is attempting to do in this 12 case. (Id at p. 399.) 13 14 B. THE PETITIONIS FACI4LLYI.IYSi1`FFIC'IE`1'T TGASU#"PORT§300(1). 15 "The minor's sibling has been abused or neglected, as defined in 16 subdivision . . . (b) . . . and there is a substantial risk that the minor will 17 be abused or neglected, as defined in [that] subdivision[]'." 18 Because the allegations in the petition do not support a dependency petition 19 under section 300, subdivision(b), count(j} is also insufficient on its face and must be 20 dismissed. 21 22 II. TEEN COURT HAS NO JURISDICTION OVER 23 THIS FAMILY WHO NOW LIVES IN ORANGE COUNTY. 24 Mother has relocated to Orange County. She had transferred her legal address, 25 has a bank account, and an apartment located in Orange County. Although these 26 27 incidents allegedly occurred in Contra Costa County,the Contra Costa County Social 28 7 I Service Agency has 20 calendar days to respond to an allegation of child abuse. 2 (Section 16504, subdivision(b).) The time to investigate and determine if the minors 3 emotional health or safety is in jeopardy has come and gone a long time ago. 4 Therefore,the Contra Costa County Social Service Agency has waived any 5 jurisdiction regarding these alleged,unsupported incidents. 6 7 CONCLUSION 8 The facts, as stated,are insufficient to sustain a dependency petition. If the 9 Contra Costa County Social Service Agency were able to satisfy the requirements of a 14 dependency petition, even if a demurrer were granted,the agency would be able to file 11 a new, facially sufficient petition, and properly proceed in this case. (In re Alysha S. 12 supra 51 Cal.AppAth 400.) 'Therefore,the granting of this demurrer will not subject 13 any of these minors to a substantial risk of detriment. 14 The Contra Costa County Social Service Agency failed to recognize the harm 15 they inflicted upon this family when they filed their petition without just cause. 16 Alysha S. recognized that harm and held that a demurrer is the proper remedy to _ 17 quickly resolve the case, and limit the harm inflicted by the government agency. For 18 the foregoing reasons, Mother respectfully requests this Court grant her demurrer. 19 DATED: August 25, 1998 Respectfully submitted, 20 21RIM PFEILFFER� 22 Attorney for Mather ROSADA RUSSELL., 23 24 25 26 27 28 8 H ` 9 _._.._. ......... ......... ......... ._. ...__ ................_....... ._....... ..._..... __....... ......... ......... ......._. __. _........... ........ ......... ......... ......... ......................................................... i; Ail i NA" L,d wdgs:;o 9667 go O"M 9ES OTS : 'ON 34OHd d HSMM-EU NUyS.dHO HOIIHC3 Wodj ' RMOISTRATION RENEWAL, NOTICE ttM[tA,31ti�1►xf�rfYt>ai VMD iW9 sw 53 10# 6199 MOO +edification Required (read insert). ' Please taker this notice to aeil SMOG v/ station. To renew$ just provide. RI:;iES AMISTRATION FEE C ' ' R,s ►�t is ��,1 UCEMIR FEE (Moy tag income tox doducOon) $2 WOONT FEE SPECIAL PLATE FEE COUM OISTRl r FEU ii w! OWNER RESPONSIBILITY FEE -- • ��idera�c�#;��#r��acs '�$ee roset#� .'�s uC+ty y MAIL;tmiy )(see insert) • rrrrr:. TOTAL DUE ON ON sE'"t tWMI OR $10 TO FILE',PLANNED NONOPERATION t.ATE PAYME14T rc TMARKED RENEWAL PN( PLANNED NONOPERATION 1 Atter 10128199 thrcuO 11107104 5277 04 �( you ptan not to operate (PNO) After 11/07195 throuo ilWi98 $302 E5€ thi8 vehicle, please Check the boxy After 1tt�?lfi6 tt►roc�h 01!281$2 $30 M and return tate bottom part with your PNO payment. AFTER 01/2$71999 ON No PNC DITACH Atta WUM F4anned Nam"mrstion 020101 031332280+40002 0026 $0192730290130 Change of Address(soe tfffch) S0000216OW 0000014400 1802092 12 vr1tt44>009021i8Ftt1 $0128 3DWS402 1ti�►R } 1�1,ir3A71 tlt7R2+Cs014A 0 El MAMM. RUSSELL ROSADA b"V Rft'EWAt• 17216 E WISSAN RD APT S TUSTIN CA 92768 P.C. SOX g42SV4 }} # SACRAMENTO CA 1142194-0894##}} �:�#ft#fi#tstlifil#i#ttI##iii#t#ltti#ilitffi#:ift#1Ii ` 0 - tl'�0�#0�!£1�133��a304130tI�0I3253CIt}3I3182?`3t#EBi�1�03I�I�t10E3l5#�pQQ'f�tIt3R14I.t38�6g3I�'�'9'11a 8rd Wd65<70 9661 90 `dz5 L7?-S 9M 0tS 'ON 34OHd d{WSMM (.7. WiI i�H:) H011H-c : W0dJ .................... ......... ___ ..........._...._._.... ......... ......... ......... ._....... ......... __. ... .._... _. ......... ......... _........ ................. .. ...................................................................................... r D&W 1 No. ar4w e*W ahiaardoiir�spr+d ,p or liar►nt ib. �P+�+�pN T1s yot+�'Qrlrwr �.YtR�v.�dWj �s�ib3r�r�, r t"'1Ft � Td WdT I:ZO e661 go 'ctar� L�2S 5£S OTS 'ON 31OHd d I HSM(n'13J W ITIS?dl:O HOI I HS WOU EX.HiBrr"B" Fd WdT T:20 8661 90 '��S 4nZ9 9£S OTS `ON BNOFU d i HSMCn13J W i 1S:ttt:) Ho"I I HS WOtU ......... ......... ......... ... ...._..................... ......... ......... ......... ..........__._... _ ......... ................................................. ........................................................................... + Y�tl��Y9/Yhtt) frtiii •ffrs ��, r ifffi # WELLS FAROO SANK, N.A. #0799 P.G. BOX 6993 PORTLAND, OR 47229-6995 Not not ��tjtttt�t �tet� �a�t�ttttt �t�tt�t�tt,��tc�t��rtt�t��rttt�er� CALL 1-800-TO-WILLS ROSADA RMELL CN L1-EOb-969-35571 17276 NISSON RD APT. 3 O 24 "OURS/DAY, 7 DAYS? TUSTIN CA 92790-4212 FOR!ltASSISTA7CE WIT" PAGE i OF i THIS STATE"ENT COVERSt 'THROUGH V6/98 WILL* PAR40 FREE ONLINE BANKING! FREE ONLINE WANKING# FREE ONLINE SANKINO! Ne"LY"I WRW.WELLSPARGO.CQM 1rWNW.NELLSFARGO.COM WWW.NELLSFARGiO.CON SIGN UP TODAY. CHECK 1F ANCFt5. FUNDS. ATNWd�tLtCKlNO SUMMMY £d WCE T:M 8661 90 4vZS 9£S OTS 'Ohl 3HOHd d i HSr!M SJ W:lS S daO H011 HS WOdd ..................................................................................................... EXHIBIT"C" t}d WcET:FO 866T 90 Lt►ES 9CS OTS : 'ON SNOHd dIHSMO'l-3J NN:1.S:M-C HO'IIHS t WOE E a b S O N An , os00.t 0$ m"0 c 9177,0001 Customer and tw%fto A41dreess bate$111 Prepared _ RUSSELL,AOS^DA Aute 14, 1-696 W91W Cuetomor Me NiiStiON AD 8 i3.ge3,.itQ-X00-,tT' TUSTIN CA 9V40 REQUEST TO PAY { 2d-ty.Custetet�er Se►rwica DEPOSITf 1 ("4) i • r r r Deposit "ilius is a requ+ea to pay s deposit of Amount Due *posit trmount date must be paid by 08/19,108 S sit ao ExVhArges snlitiatt THIS 16 A REQUEST TO PAY A oepoarr of " '@ As a courtesy we provided seMce before you paid the deposit. Ptesse Pay the deposit atxtount by the due date of this noticet,to avoid disconnection of your service. After,disconnection of sa:rvice is reconnect charge nilsity be t-"Wrod. The terms of the dopostt ares Your deposit will be refunded If you tsiseotltinue all of your customer accounts or you establish credit as defined in Rule,6. Eidson writ rotund the deposit by applying It to your unpaid bills or by check. Deposit interest will be paid as dofined in 'Rule 7. Endorsement of a refund check will acknowlodgo receipt of refund and will release Edison from funhor claims against the deposit. t�a•tT�1 -?to#,#t dot#dh stub below and return with yew°p#y�l#nt ' r,rrr,rw ...........�#w+r ra srwfla�r swr iff i►i#isr�w w�i fi Mrww-........rp��ruW .rs M:iswy„ DEPOSIT Pay>tuent Stub p"00 St n dup !► ►. .. 80.0 , For paymernt hae#rl. x o �tte Efilal 74 ,x P,A. $sac 300 iftietttesd,Cit 610 3SOO 17 1300333 'lD00O00000000000VOODOO i38000 Sd We ;.a0 8661 90 'an 4..veS 9CS OTS : *CN 3-C'iHd d HSIO*1'SJ W ,1St HO'iIHS WOW ;y ' tj E D 15 O N an cn�so"r�� raRN rrorJFu..iram�r ty O ti nux tS�G �lotar++pnC �A• 7 f-04G Customer and Service Address date Bili Prepared � RUSSELL. ROSADA Aug 14, 1998 � Your Customer Account Nurabsr 17274 WSSON RD 8 Next Motor Read an or about 61.811-618-3500-17 TUSTIN CA 92780 Stapt 15, ISO$ j 040-3 k 24+.r.Customer Swvica Rata Schedule 1 (900) 144-tW> DOMESTIC(D) tii!!fl'any Service I Billing Period-07/30198 to 08113*8( 14 dsya} >Summer 8s#son ' 1W-ra-vi Energy Charge. vasturte-i-? Sas line " kw : 14.11770 s 288.29 0 Sub-Total 4 28.63 Legislated 10%Rate Reduction (2.86) Current 8iiiing Sub Total 4 25.77 Itati Tag 211 kWh x Can d i:ry u stab Charge 07132f4s 14:0 Citrttnt of OURt Inwtt bo pald by 00108198 Your bill mai+be lower than usual because this billing period war shorter than normal. Average PX Enorgy Charge duriing this period was:441 cen2s*Wh. $1.84 is your avorsgs daily cost this period, Of your total etu nes, Franchises Fee represents:$0.21. Detail X n't It Serge(1) $ 10:89 ran m tii'a Ci, as .e itzt ut n clap ub 'ur�0eamirgs btiearsgeaAmount (Z) Current Amount Due t 35.81 (1) ?A*Average p1K Charge is based on the weighted average costa for Purchases through the Power Exchanges. This Oprvko is subject to compar#Jan. You may purChA'"01004rldlty Frani another supplier. (2) A portion of historic elecirk gonsr►Ekn coats has been finanetod dwough low-'ost bonds to reduce your tots/bill by 10%.The TTA reffectr the costs of chemo bonds,which are toss ewsnsive then the IW of Amercing the Yd isles prervfo+nlr employod.rho TTA doer not offset your 10%rate reductlon,nor dnes it ince#**the total arise>unt you atherwlae would two petal. 114. F41 •ANiase detach stub below and return with your payment- ...... .......... =i=asltM.r:-r1.-.-...r.��=a ��.w...r.....-...................... Payment ' i#tt I P B ti total mount now dito : 1► 1► 1k wm� 35.881 For Paymentoil ThBAk i�stun cast: yl OO) �474908 A+1aJre i hock bgr&#to 12g=.C411tis E joh hour Customer Account x;131-2"W-3il0Q-17 t:13ls1�1.Pl.osia,a ossa 1 At a.M W Cal! P.O.Ddie WO t{nt�it�#rtt(fi t(�tttt)tt(►t�t�ttt( .a)t (ttt(t( trtt�t�) Rosemead,Cs 91"1.0001 � N CA 92780-+t2 2 61 29 630 3500 17 000336 s`00000000 0000 000000003561 2000t ed Wdz::c0 86ST 90 `dag tb?S 9£S OTS : `ON 3••IOHd d H5t10713-i Nie i 1S I i<3 H0'11HS : W0dj ............ ........ .............................................................11.11.11,1111, 1., ............................................................ ..................... EXHrRIT"D" 14 - `1 ,r-d WdET 20 8661 90 *IIQS ?-O*ES 99:S OTS 'ON 3NOHd dINSMOTEU Nti'.LSIdH:) HO-IIHS : WOtU WALNUT CREEX HOSPITAL S � MrwABY sHEET #1 v I PA"C I NT_ . tlg I ADDRg S6_ _ f 3I RTH DATE AND PLACE f AGE PATIENT 5,, 1 BOL DEN/RUSSELL JESSE 1 9119/12 - --- - 1 -6., 11313 NEW HAMPSHIRE DRIVE !OCCUPATION t SEX i RACE I STATUS IR: t CONCORD CA I 1....x.....1.,.. 01-1 ...1_..+--t--- 194521000Q -t--•194521000Q 1 ADMIT DATE TIMES D I CLQ DAT�`T IME#SERVICE IRM/B', # PX Z t O-677-0531 1 5/e5/98 1+E45 # '"�l` 0 1 PED 1204 _ 1 m�raaem�rrarae�p-sssssaryrro�tbraaecrsmrrs�rresa��«crr�er��csst��as��t�.:-rsssaceaas�e�•�r�:�orsirs�siecsn�rroa��c�zs�,�a:.rose- f72B SAME & 8DDRESI - 1 IN cap O 1 MERamNcY 1NTACT t 1RUSSELL JESSE 1 RUSSELL ROSADA I 11915 NEW HAMPSHIRE DRIVE 11313 NEW HAMPSHIRE t 1 CONCORD CA #CONCC1RD C 1 t 5'45£10000 194551 0000 PH Z I O-672..053E 1 1 PH 1 T EMPLOYM i euAR-ANS Ft2lr,9-YER EjtjaNIA6 CLISgs .- 1 STUDENT t 1 .0 ME1?�.l-QAAt, ,a I 1 t GUARANTOR SSN" # t i ..- 000000000 1000000000 1 5tclt4s 'PH 000-0000 1 FSH 000-00001 >D I SCHARLBE STATUS t #�`sraarresr::w��rssoeerrawE+iorrrsromeearear+�oc�c �rwiswat,renrwrr�as=�=�,crsaaoao+rrrmoorrcaorecmeasrc>mamsmcaoramses:asrw�srrsaw+ 10, AN t PAYOR AND ADDF, 1 4 NAME CF `t NSURED/ADDR 2 I PDLICY##/ADDR S l6sROU I 1 i MED I- CAL 1 RUSSELL JESSE 160*563971 1 IP 0 Box 155000 # 1 SACRAMI=NTT C I t f 1 95ei3-00 t f # ! # I ADMITTING DIAGNOSIS # PHYSICIAN 1 E i I r.NATURE t ARENT/GUARD i; i -1 N0241ME ! 1 , CCMMENTS z 4 1 f f I 1 f `r, f t { 1 i f 4-N 1 I HAVE EXAMINED AND AFPROVCD THIS COMPLETE MEDI=AL RECORD ON BATE:- PHYSICIAN 8d Wd£':Z0 6667 90 *"S 4VES 9£S OTS : `ON 3.OHd d,'H5M0'r 3J W.*IS.bND H011 HS W R lip III WPM I MIMMKI `. ► f P. a� K A-M, rA �. .. RAPEAVVAEA WOWULA� Ar "i IMM"Al IN IA jr Af -+Ar..A�m..�r�M�,. ■ `A,Y[/ .s*a Mea tear;." 3 x**Gpttu T�OTIS yr ..... . S fl :aah^'7-r'' rj;,f ,j. �Ih�'� :� .�N.�.-a'+,�.~� r,. r.f •i,,,.. ` �; r • {mak` s �' M�r:+[t C. �t,,'!+"�. +s'S... t iry..c + , f'�`• *. -z 't y*�- 3 R �rAw t " w r w l z�, �. .•(rte .�,�... • '�'�`mow 0�d Wdb?:G[} �36bT '4.'t�r tbGS 9£t, 0 S ( 3`tCtfid d:t#S£!' €"13 t 'I Ln ` 1SidHD HO . W ............. ................................... A7., 00400 ISS NOT" } Z� or '.. a � * M w+, ollr .: t t ; ! r .... T' •v+ {... .'` ,,,� T ,,,�„. u t yww� t t" , .�•''J' fy'f'i�sTf i iMftl' 4"� V'iw,11. n"�•1 � t�YYt wS ...ww�...wu�- 1 1...#.h. �.�•,(. ' '4�C+f i+"'a+. �G,..r. .:^,�f i. t t T yd Wdi:t $ E667 90 'd�r� L*RS 9£S OTS *ON S^OHclt W:LS r.d-t:) NQ'1I HS WfkU ...................................................................................................................-...''I'll'' . .............................................................................................................................................. ..................... 14 - E-,d wce,:Z0 e667 90 O'ZS 9ES OTS 'ON 3NOHd dIHSMOTE3J NlellSldHD HO"IIHS WOdJ SHARON M. SELBY, MSW 870 LYNN LANE CHICO, CA 95928 7171'98 TO; FRANK ZAGONi, CONTRA COSTA CO. PROTECTIVE SERVICES FROM: SHARON SELBY, AUTHORIZED REPRESENTATIVE FOR RUSSELL RE: CRS REFERRAL Rosade Russell requested that l write this letter of support for her family. , l have known Rosada's family for over seven gears. I was the original private agency adoption worker who placed Michael and Jesse with the family. I have continued to be a resource person and advocate for the family since then. On many occasions, I have visited the home for _ several hours at a time. Rosada has attended adaption workshops with me. I usually speak with her by phone on a weekly basis. I have no reason to believe that Rosada Is anything other than a devoted and competent mother. 'T'here is no doubt that the three little boys adopted by the Russells from the foster care system are very challenging due to the severe drug/alcohol exposure they suffered prenatally. I have wonted with many children similarly affected. This is part of the legacy of the epidemic of Illegal drug use and alcoholism in our society. Only because of the superb parenting skills demonstrated by Rosada Russell, are these children able to live within a family most of the time. As with most children affected by prenatal drug/alcohol exposure, Michael, Ronnie and Jesse will need periodic psychiatric intervention and hospitalization to adjust the medications they require to live safely at home. Jesse is an especially tragic cause. Born to a drug abusing alcoholic mother, he suffered neurological impairments which have caused attention deficit; hyperactivity, impulsivity, learning disabilities and borderline psychosis. Jesse has a very fragi'e grip on reality, often preferring to (live in a £«d #�C3"1TH� WOdd Wd9t-Ze 9661 90 'daa Lti2S SES OTS : 'CN 3N..Oid d1*HSt107131 W.19:23-i� Page 2 RUSSELL fantasy state in which he is prone to express elements of fantasy as though they were real, Telling "tall stories" is common with six year olds, but most realize when they are fabricating stories. Jesse appears unaware of when he is fabricating and when he is relating an accurate account. An obvious example of this is the recent story that Jesse told his psychiatrist from Walnut Creek Hospital about the bruise on his leg. The doctor must not have noticed the incident report and photograph In Jesse's hospital file which described an incident in which Jesse was confined to a "quiet room* at the hospital due to a tantrum and -injured himself on a piece of furniture in the room. (Why an isolation room would have furniture is a question of concern.) Jesse altered the reality of the incident by claiming he was Injured by his ten year old brother. This Is very typical of children who fabricate stories. The psychiatrist must be a little inexperienced with this sort of child. In conclusion, I want to emphasize that I am confident that no child in the Russell home is at risk of injury or abuse at the hands of a sibling or anyone else in the household. it is really a pity that this mother has had to have a week of worry over this report. Parents of special needs children have enough worry already, without the social service system adding to the burden unnecessarily. if you have any questions, please do not hesitate to call. 14 v7d WcP-::ZO e661 913 *eaS 4.t7ZG KS OTS 'ON 340H�i dIHSMO'Ma� WUS:W10 I-MIHS WOeJ ..... ...._.... ......... ._......1.111....__._. ......... . .1111 .. ... ......_..... ......... ......... ........._._............. ......... ......... ......... ......... ......... ......... Jute 13, 1998 Mr, Prank Zagor t Contra Costa COL-ti; L.P.;. 30 Muir Read Martinez, Ca. Dear Mr. Zagone: I am writing thi: ientr u -at i LC to a conversation that 1 had with Rosada Rv.syel. %n P-t,;a� ::�:: 1:. 199*. regarding her son. Jesse Russell. R,:sada ,-:ire:; .ret; ne he; :oncern about Jesse's stories which appwemfy :1WV1! asec ;ome ::ted flags with people w1c are not familiar •j6ith Jesjt-. Jesse was in my Social :.s}• Cis; w;m Jammy S. 1998 until May 22, 1998, when he %as .: :.� V aloin Creek Psychiatric Hospital. My class i• locim r :,lar 5A.-mi We ate part of the lit. Diablo Unified S:hcot Diairt. Ar s:too1 b a c+eater for children with behavioral and emodonal ?:oDgms :lac :azuoF be served in a less restrictive environment. is;.r %as n s zlt,. with eight other students, a full tum assi:,znt gra T.. es+a dare. During the five months Jesse Attended m; cit I'd -Tole p::perty from hoarse and brought it to cchM. be mit ice» h;� peers it school, he also stale from the classrom ti a a.,. .I? . Jesse also had a difficult time distinguishm; :J►.: ~roar fantrsi!. Daily, during group time, he told outlandiih ;ori-.; moir. Som: going to Disneyland, Disneyworld. winciAg the `�i: ,Ae.-tt Kid= Concrst, baying various toys at Toys R V;- how puri wmex to hA!: etc.) and about events at school. He would •hare z%ou- -.roNA=s or events which never took place. He ;on= . 3ndr iduli open inion. when confronted with itis :corm y rx. z ;hut awn and refuse to discusi them with an auu- it r. a.Tjall% believed his (stories. When a cansequ=c was nm -making a rule or for hi., behavior he usu.sl:� :-jt ::r his behavior, again telling a story. Jesse's behaviors -t s,-;,-:, .. ._._ . I::c Xt cause for concern. He is being moved ;'-��:. a 7.- = f��r behaviorally land emotionally dict:--e, c: s<?ri,give setting for childreen . with thit our program was n,-: meeting his necu-4 T=-_ E-. .. : - -:. was held in Barb June, L998 to .- a S'.d W dl.V:c0 8661 90 `d"a5 ZbzS 9EG OTS : *ON =—NOHd d:HSf rl'13� Nei i 1S.d-J HO"I T HS I�'t W ......... ......... ........__.... ... ...... ........... . __....... ......... ......... ......... .._...... ......... ......... ......... ......... ......... ......... _ ............................... please :a:: me a, 6�7-0202 if you feel you need more information about ::x?e. Tom Fttersern, our school psychologist, would also be happy :: eak with you. He is on vacation until mid August. Sinccr.:,. Ellen 7trm nello Special Ja; Class Teacher CT ` 8667 90 -da6 LIES 9£S OTS 'ON 3NOHd d i HSMO"I" d Nk+:13I dHD HO^I I HS W0d� + 1 For counties filing a separate dependency petition for each child or for cotrrebas using Additional Children Attachment(form JV-!01) WWTrC ER 59 At'r i;:Y&An*and Addrrrss)_ Contra Costa County Social Service (925) 113-7725 30 Muir Road. Martinez, CA 94553 ATnANV FOR tru+urD: 1qq8 A,UG COURT OF CALIFORNIA,COUNTY OF CONTRA. COSTA srrew,eJ mEss: 100 Glacier Drive K TOPT,CV ��f"J0fi � codec Martinez, CA 94552ti t'Gs '+rrsCi � lowc"mme Juvenile Court Des t. 61 Martinez Gr "�,""` CHILDI NAME: DANIEL RUSSELL cast:NUMBER: JUVENILE DEPENDENCY PETITION(VERSION ONE) J98-01981 (Welfare and insitttutions Code,1300 at seq.) RMT—ED EM l+r�+n1 (-v-1 �=W-Original � �33tppie�mantai 342-Subsequent 38844odtticationtArnended The Jurisdictional Hearing is hereby set for Tuesday,August 25, 1998 @ 2:00 p.m., in Department 61, 100 Glacier give,Martinez,CA 94553. 1. Petitioner on information and belief alleges the following: a. The child named below comes within the jurisdiction of the juvenile court under the following subdivisions of section 300 of the Welfare and institutions Cock(`check a bio boxes. See attachments for concise statements of facts: C c ) C.3 (b) (0) 1:1 (d) [l 0) [J M (3 (9) [D (h) C (1) [D b. Childs name: c. Age: d. Crate of Birth: e. Sex: Daniel Russell 10 0114188 M I. Mofher'sname: Rosada Russell. g.Father's name Unknown Address: Address: Last known address: Unknown 1313 New Hampshire Drive Concord, CA 99521 Presumed � Alleged h.Other(state name,address,and relationship to chffd): I.Other(state name,address,and relationship to chud) No known parent or guardian resides within this state. This El No Wtowm parent or guardian resides within this state. This adult relative lives in thi 11 _. ........ . ......... ......_........... ._.. .. ............._...._.... ......... ......... ......... ._....... ......... ......... ...._._. ......... ......... _-..... ......... ......... ......... .................................. i7ANZEL RUSSELL >luMBER:��CASE 98-01981 2. Petitioner requests that the court find these allegations to be true. I declare under penalty of perjury under the taws of the state of California that the foregoing and all attachments are true and correct. Date: 08/19/98 Patricia Smith ................................PYK ...... OR F%W ................................ tom- of rn l�rnorv�) Address and telephone number. 30 Muir toad Martinez, CA 94553 Phone (925) 313-7725 wrussellf.fretlpl/12 !Number of pages attached ovt rxr grew deaaff""ts�m dt1HENIt,E t3t:f NDENCV PETITION(VE>!2StUt�l Cr1+1�) rrwws Case ManegerneM Page 2 of 4 Welfare and institutions Code,§300 at seq. .rr..aa■� T�� wr.�� TO PARENT Your parental rights may be permanently terminated. To protect your rights, you must appear in court and answer this petition. TO PARENTS OTHERS LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD You and the estate of your child may be jointly and severally liable for the cost of the care, support, and maintenance of your child in any placement} or detention facility, the cost of legal services for you or your child by a public defender or other attorney, and the cost of supervision of your child by order of the juvenile court. Jvtoa QOW January 1,rpt} JUVENILE DEPENBE-KY PETMON(VERSION CN+iE) Page 3 of 4 CWS Case MarwgemeM System Wet€ere and Instftutinu5 Code,§300 et seq. -CHILD'S NAME. CASE NUMBN DANIEL RUSSELL J98-01951 FAILURE TO PROTECT § 340(b) The child has suffered,or there is a substantial risk that the child will suffer,serious physical harm or illness, as a result of the failure or inability of his or her parent or legal guardian to supervise or protect the child adequately as a result of the willful or negligent failure of the child's parent or legal guardian to supervise or protect the child adequately from the conduct of the custodian with whom the child has been left. by the willful or negligent failure of the parent or legal guardian to provide the child with adequate food,clothing, shelter,or medical treatment. by the inability of tate parent or legal guardian to provide regular care for the child due to the parent's or legal guardian's mental illness,developmental disability, or substance abuse. b-1 Can June 3, 1998, the minor's mother failed to provide adequate care and supervision, in that the minor had bruises and scratches from his brother, Rennie, and that his brother, Jesse, had a lot of bruises from an alleged fall down the steps. Y Foal W-iouncHe f by No PAn.URE TO PROTECT calif.Rules of court Me 1402 V-12 Judicial Cow a of mania b WOW*and Institutions Cada g 300 JV-121{hlawJaxnuaryl.16►8t) $t�{ ? (Adopted aMssRim"y 1,1981) CWS Cass ttanspam*nt System Page 4 or 4 For rx u!ties ding a separate dependency petition for each child or for counties using Additional Gtriklren AtLactstytent(form JV-101 IWIVIONERORA tdEY(Name aAa Atl&W—U. p O R No Fow "Dar ONLY Contra Costa County social Service (925} 313-'7'725 30 Muir Road Martinez, CA 94553 ATTORNEY FOR tNAA#a - SUPERIOR COURT OF 0AUFORNIA,COUNTY' CONTRA COSTA 2' aTettrADcaeEss: 100 Glacier Drive cmAwapcoop: Martinez, CA 94552 aautarrw>mE: Juvenile Court De t. 61 Martinez CHILD'S NAME: RONNIE RUSSELL CAW NUMBER: JUVENILE DEPENDENCY PETITION(VERSION ONE) J98-01983 (1Nalfsre and MstItutions Code'1300 et seq.) X §300�k1ginal §387-Supple mental R Arm SEs sa+rs f 3424ubsequent §388•MModiticatiordAnwndeed# The Jurisdictional Hearing is hereby set for Tuesday,August 25, 1998 2:t3O p.m.,in �3epartment 61, 100 Glacier Drive,Martinez,CA 94553. 1, Petitioner on information and belief alleges the following: a. The child named below comes*toile the jurisdiction of the kr n e court under the fal<owing subdivisions of section 3W of the Welfare and institutions Code(check a caNe boxes. See attachments for concise statonynts of facts): (a) C:3 (b) Lj (c) [3 (d) [:3 (e) E] (f} ❑ (g} M (h) [ (I) CE 0) b. Child's name: Age: d. Bate of Birth: e. Sex. c. Ronnie Russell 8 12/02/90 M f. Mothersnarne: Rosada Russell g.Fathersnattne Unknown: Address: Address: Last known address: Unknown 1313 New Hampshire Drive Concord, CA 94521 -�-� ED Presumed � Alleged h.Other(state nems,address,and relationship to ch#d): 1.Other(state nares,address,and relafionsNp to ch": y No known parent or guardian resides within this state. This Q No known parent or guardian resides within this state. This adult relative lives in this county or Is closest to this court. adult relative lives In this county or is closest to this court. 1.Prior to Intervention,child resided with k.�child is RFather ED Mother t_^-1 not detained detained Other(stats name,address,and ral4bonship to chft: Dats and tirne of detention: Current place of detention(address) Relative Shaker/foster we Other 1. E:] child may come under the provisions of the Indian child Welfare Act. Other children are listed on Additional Children Attachment farm No.JV-101 -r- 5 Fomj apprwad by a+* JtlV>w1 lLE DEPENf3ftCY PETITION(VERSION ONE) cant.Rata*dr Court,rule 1402 udiciai rauf &C&W0(i° Welfare and Institutions Code,§300 at seq. �^+°K'ra'"a i""'t t°"'caw g Sao a •100(Now imuary 1,iml) (Adopted offoedva duty 1.1091) Page 1 of d cws case M*"*gamant system rk�§300 [D§342 §387 [D§388 _.._... ......... ......... ......... ..._..... _.... __ ... ......... . ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ._....... _._ .. ........... ............ ..........._...._.. ^ J!CA!N�UM:B�ER: 2. Petitioner requests that the cant find these allegations to be true. I deciere under pe"RY of perjury under the taws of the State of California that the foregoing and all attachments are true and correct. Date: 08/19/98 Patricia Smith .............................. 6"D9.OR PRW�4................................ tSIGN ATURe IXT}I PETITIONER) Address and telephone number: 30 Muir Road Martinez, CA 94553 Phone (925) 313--7725 a:russeltrpettt 2/pl Number of papa attached �v-t90{Nu,wjrrsuary t,tippy} .#tlVlrNiLL`-f)EPENt7:I!NCY PE rITION{1►EitStON ONE) Cw3 trio�+nWerrau�f System Page 2 of 4 Welfare and Institutions Code,§304 et seq, _... _._. ...._-.. ......... ._-..... __ ....... ........._..........._.... ......... ......... ......... ......... ......... ......... ......... ......... _ _.. __....... _........ ......... ......... ......... TO PARENT Your parental rights may he permanently terminated. To protect your rights, you must appear in court and answer this petition. TO PARENTS OR OTHERS LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD You and the estate of your child may be jointly and severally Liable for the cost of the care, support, and maintenance of your child in any placement or detention facility, the cost of legal services for you or your child by a public defender or other attorney, and the cost of supervision of your child by order of the juvenile court. JV-ws o(e Ma"Same y,system 4UVENtLE DEPENDENCY PEZi71CNJ(VERSION CINE) cws Csse Manay.menc System Page 3 of 4 Welfare and InstitIdlOns Code.1300 et seq. CH14t7'5 WAME: CASE NUMBER: Rt3NNI RUSSELL 398-(31983 ABUSE OF SIBLING § 3000) The child's sibling has been abused or neglected,as defined In subdivision (a), (b),(d), (e),or(I), and there is a substantial risk that the child will be abused or neglected, as defined In those subdivisions. J-1 On June 3, 1998, the minor's mother failed to provide adequate cage and supervision, in that the minor allegedly injured his brother, Daniel, causing him to have bruises and scratches and that his brother, Jesse, had s lot of bruises from an alleged fall down the step. The minor has psychological problems, +✓Doti OPPMYW by the ABUSE OF SWUNG Calif.Rulas of Coun Tula 14M Judicial Cound of Calit ri is ' Welfare and institutions Coda S 300 JV•129(New January 1,1991) (Adopted sftati+w July 1,1001) Page 4 of 4 CWS Case Mansgement System For counties tiling a separate dependency petition for each child or for counties using Additional CrtNdrert Attactwrnertt{f tt;1 Pt rtr C7M OR ATTbrttt EY 7Z;;;=ritldrwrs). Contra Costa County Social Service (925) 313-7725 � I 30 Muir Road Martinez, CA 94553 A% AUG �� ^ ATTt)RN V t: R �: SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA ammAo sss: 100 Glacier Drive KT ��6F i�A� i t t1F:. l�X MAILM acatEss: cmmoarcoom Martinez, CA 94552 aaaHenruue: Juvenile Court, De t. 61, Martinez CHILD*$NAME: . MICHAEL RUSSELL CASENWOM. JUVENILEDEPENDENCY iE7'{7 ONE(VERSION ONE) J'98-01982 (Ili/etfare and Insdtutions Code,g 300 at sec(.) (�X ISMO-odonai 38741appteftntat RMUEoCASMJnAny) §343-Subsequent 388•61ifteatioWAmended# The Jurisdictional Hearing is hereby set for Tuesday,August 25, 1998 @ 2.00 p.m., in Department 61, 100 Glacier Drive,Martinez,CA 94553. 1. Petitioner on Information and belief alleges the follovAng: a. The child named below comes within the jurisdiction of the juvenile court under the following subdivisions of section 300 of the Welfare and Institutions Code(check a Cabl#boxes. Sa#atlachrnents far taandse statements of facts Q {a) D (b) L(c) Cl (d) (e) [ { (g) [ (h) C-1 (j) CE 0) b. Childd's rants: c. Age: d. pate of Birth: e. Sex: Michael Russell 10 09/08/88 M f. Mothers name: Posada Russell S.Father's name unknown Address: Address: Last known address: Unknown 1313 New Hampshire Drive Concord, CA 94521 Presumed Alleged h.Other(state name,address,and retafionshlp to chlid). i.Other(state name,address,and retattonsNp to chid): w No known parent or guardian resides within this state. This El No known parent or guardian resines within this state. This adult relative lives In this county or is closest to this court. adult relative lives in this+tatty or Is closest to this court. j.Prix to intervention child resided with IL Child is [� Father M Mother ED not detained El detained t#w�li Other(state name,address,and AW&Wnship to chikfj: Date and tune of detention: Current place of detention(address). F] Relative ED Shetterlfoster care Other i. F] Child may come under the provisions of the Indian Chad Welfare Act. Other children are fisted on Additional Children Attechment(form No.JV-1011__ (fir •PP-1"tri ffu: JUVENILE OF-PENDENCY CY PETITION(VERSION ONE Ctrit; utas at coast,fu 144 JudW*1 Caanott of CstifWWa Welfare and Institutions Corte, ) Vve#a»and institutions Cade S 3W JV-1W(N&w Janusry 1,1"1) §300 et , (AdapWO etrft"July 1,1991) � `''''( {'" Page 1 of 4 ne Cws case Mapemaet system CES 300 L t§342 D§ �'-'^';387 j " §388 11 __. ._. __..._. ....... .. .._...... _.._.... . ........... .........._. ......._. ......... ......... ......... ......... ......... ......... ......... ................ . _. .. _._. ... ......... ........... ....... ......... ctmrrs tlAMe MICHAEL RUSSELL CrduMeA X98-01982 2. Petitioner requests that the court find theca allegations to be true. I declare under pena0y of perjury under the laws of the State of Cdfomia that the foregoing and all attachments are true and correct. Date: 08/19/98 Patricia Smith .............................................i irat' ................................. (SIGN c n+ , MYPE Address and lelephoae number: 30 Muir Road Martine, CA 94553 phone (925) 313-7725 a:rusaeIIm.pet/t 2lpi Number of pages attached w ` 1C) Jv>tOD(m"January 1.Ivul JUVENILE RPENDENCY PEfl-TtON{ifEi2SlON ONt) CWS Cate Management System Page 2 of d Welfare and institutions Gods.j 300 at seq. _. _. ....._. ......... ......... ......... .._.... _. __ ........ ........-_... ..__...... ......... ..._.... ......... ._....... ......... ......... ......... ......... ......... ......... _. _.................. . ._.. --,- C fi TO PARENT _. Your parental rights may be permanently terminated. To protect your rights, you must appear in court and answer this petition. TO PARENTS OR OTHERS LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD You and the estate of your child may be jointly and severally liable for the cost of the care, support, and maintenance of your child in any placement or detention facility, the cost of legal services for you or your child by a public defender or other attorney, and the cost of supervision of your child by order of the juvenile court. r J%I-10d(Naw J""ry 1.1687; ~ CWS Case Management System dWEhlfLE DEIii ENC1EI'll CY P111!N(ttE12111K3 tlAfE} Welfare WW tnSMUtlonS Code,J 300 at**q. Page 3 Of CHILUS NAME: CASE NUMBER: MICHAEL RUSSELL J58-01982 ABUSE OF SIBLING 3000) The child's sibling has been abused or neglected, as defined in subdivision(e), (b)r(d), (e), or(I), and there is a substantial risk that the child Wil be abused or neglected,as defined in those subdivisions. J-1 On June 3, 1998, the minor's mother failed to provide adequate care and supervision, in that the minor's brother, Daniel, had bruises and scratches from his brother, Ronnie, and that his brother, Jesse, had a lot of bruises from an alleged fail down the steps`. e".tom by the ABUSE of SIBLING C:ix.Rules of coua tuts a trot Judicial Council Of CaWfamw W*Hare and institutions Cade§300 Jy.129{Naw January t,1991) 3000) (Adopted*%caw Jury t,IW1) Page 4 of 4 CWS Case Management System .. .................................................................................................................................................. .......................................................................... . ....................................... EXHIBIT "J" . ........... 3. NEED FOR CONTINUED DETENTI :`CBrtefassessment why child needs to be de eined) 4. AVAILABLE SERVICES AND REFERRALS METHODS TO BE USED WHICH WOULD FACILITATE RETURN OF THE MINOR(S)TO _ PARENTAL CUSTODY: ❑ DRUG TESTING ❑ COUNSELING ❑ PARENTING CLASS 1 RECOMMENDATION: ❑ department is authorized to release minor to ❑ Mother ❑ Father ❑ Guardian ❑ Detain with Suitable Relative p Detain in Suitable Foster Horne or Institution ❑ Find that: Reasonable efforts have been made to prevent or eliminate the need for removal of the child from his/her home and to make it possible to return to his/her home. ❑ tither ❑ Visitation: ❑ No contact with ❑ Arranged/Supervised ❑ Arranged/Unsupervised Visitation Pian: Frequency: Duration: _ Rationale: ❑ Whereabouts of minor withheld from ❑ Mother ❑ Father ❑ Guardian per W&I 308. :3. REASON FOR RECOMMENDATION: (W&I Code 319) ❑ Substantial danger to physical health of minor. There are no reasonable means to protect the child in the home. Q Minor suffering severe emotional damage. ❑ Parent,guardian,or custodian is likely to flee Jurisdiction of Court. ❑ The minor is unwilling to return home,if the minor has been physically or sexually abused by person residing in the home. ATTACHED: ❑ Supp/Pet(s) ❑ Detention Order ❑ Medical Consent ER 12 A Page 2 of 2 (W&1 Code 314) } SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA JUVENILE COURT Benda Officer Eruce Stirling Dept. No. ,Reporter Judge/Referee _ tN THE MATTER OF: DETENTION WEARING !I L JESSE RUSSELL (Will Code§341,315,316,317 181 319) Minor,Som: September 1 , 1991 AUCs 2 Q 1998 - Case No:J 98-01 a 84 Dependency Court Information Publication provided to parentiguardian. k CI Yes Q No Reason: _ PRESENT: WITNESSES,SWORN: 0 Minor d Attorney - O Father 0 Pub. Def. Mother- 0 Alt. Def.Off. Stepfather ❑ County Counsel 0 Stepmother lei Social Worker Patricia -Smith O E3 Ct.Officer This matter was brought before the court on this date. All parties present were informesd of the reasons why the minor was taken into custody,the nature of the juvenile court proceedings,and the right of the minor and his parent or guardian to be represented at every stage of the proceeding by counsel. FINDINGS: re'ts no necessity for the minor to be detained. It is necessary for the minor to be detained in that: ( } There is a substantial danger to the physical health of the minor or the minor is suffering severe emotional damage,and there are no reasonable means by which the minor's physical or emotional health may be protected without removing the minor from the parents,or guardians" physical custody. } There is substantial evidence that a parent,guardian,or custodian of the minor Is likely to flee the jurisdiction of the court. The minor has left a placement in which he or she was placed by the juvenile court, ( } The minor indicates an unwillingness to return home,If the minor has been physically or sexually abused by a person residing in the home. OTHER FINDINGS: { ) Reasonable efforts have been made and will continue to be made to prevent or eliminate the need for removal of the child from his or her home and to make it possible to rectum to his or her home. ( } The lack of preplacement preventive efforts were reasonable due to the emergency situation. ( } The court 0 has C3 has not determined that there is a relatives willing and able to care for the child. DC 3(Rev 4/98)(Use with DC 3A) Original:Corot: Copy 2:SSD. Copy 3:Minor. Copy 4:Parent _.. ......... ......... ......... ......... ...._.._. _........ ......._. .... ........ ...._........ ......... ......... ......... ._....... ......... ......... ......... ......... ......... ......... ......... __. _ _. _... ........_... _........ I - , DETENTION HEARING CASE NO: J18 011984 The Court hes stated the facts on which the detention is based. ORDERS: { ) —Th e minor is detained. Responsibility far placement and care shall be vested in the Social Seivice Departmept and minor shall be placard In an approved Ncense-exempt Moyne, Certified or licen*horns,exclusive-use home,or licensed group home,for a period not to exceed 95 judicial days. { ) The Social Service Department a is C7 Is not authorized to release said minor temporarily to prior to the Juvenile Court Hearing. { ) Visitation between the minor and shall be 0 arranged 0 supervised by the Social Service Department or its designee. { ) Visitation between the minor and shall be 0 arranged Irl supervised by the Social Service Department or its designee. { ) There shell be no visitation or contact between the minor and - The parent(s)or guardian(s)shall not discuss the petition or its contents or underlying facts with the minor. { } Said minor shall be supported in such placement by Contra Costa County at the maximum rates established by the appropriate rate setting authority. it is further ordered that the Social Service Department pay for necessary clothing for said minor and pay for any necessary medical and dental carp for sal min +*' Other ( /+� 1. Parents are ordered to immediately inform the Department of an able d willing relative to provide temporary care for the manor. y ' w 2. Authorize the Department to disclose relevant information regarding the arse to potential relative caretaker. Ad IV oe { ) A copy of this order 0�reb served' therumr andguardian, • 4". y parent, or adult relative present or their counsel Q shall be Served by mall vn such party or their counsel to the last known address. ff - Oeted Juvenile Court Judge/Ref Dated Approved by the Presiding Judge of the Juvenile Court J-3 OC3A(Rev+4198) CkiQ #I:Court; Copy 2:SSC; Copy 3:Minor: Copy 4:Parent 3. NEED FOR CONTINUE?DETENTIO : farief assessment why child steeds to be Pdeained) 4. AVAILABLE SERVICES AND REFERRALS METHODS€'FINDS TO BE USED WHICH WOULD FACILITATE RETURN OF THE MINOR(S)TO PARENTAL CUSTODY: ❑ DRUG TESTING ❑ COUNSELING ❑ PARENTING CLASS ' 5. RECOMMENDATION: ❑ Department is authorized to release minor to ❑ Mother ❑ Father [j Guardian ❑ Detain with Suitable Relative ❑ Detain in Suitable Foster Home or Institution ❑ Find that: Reasonable efforts have been made to prevent or eliminate the need for removal of the child from his/her home and to make it possible to return to his/her home. ❑ Other ❑ Visitation: ❑ No contact with ❑ Arranged/Supervised' ❑ Arranged/Unsupervised Visitation Plan: Frequency: Duration: Rationale: ❑ Whereabouts of minor withheld from ❑ Mother ❑ Father ❑ Guardian per w&1308. 5. REASON FOR RECOMMENDATION: (W&I Code 319) ❑ Substantial danger to physical health of minor. There are no reasonable means to protect the child in the home. ❑ Minor suffering severe emotional damage. ❑ Parent,guardian,or custodian is likely to flee Jurisdiction of Court. ❑ The minor is unwilling to return home,if the minor has been physically or sexually abused by a person residing in the home. ATTACHED: Q Supp/Pet(s) ❑ Detention Order ❑ Medical Consent ER 12 A Page 2 of 2 (W&f Code 319) DETENTION'HEARING CASE NO: �c}gZ The Court has stated the facts on which the detention is based. ORDERS: ( ) The minor is detained. Responsibility for placement and Gare shall be vested in the Social Service Department and minor shall be placed in an approved lice xernpt home, certified or licensed home,exclusive-use home,or licensed group home,for a period not to exceed 15 judicial days. ( ) The Social service Department ©Is d is not authorized to release said minor temporarily to prior to the Juvenile Court Hearing. { ) Visitation between the minor and shall be 0 arranged 0 supervised by the Social Service Department or its designee. { ) Visitation between the minor and shall be 0 arranged U supervised by the Social Service Department or its designee. { ) There shall be no visitation or contact between the minor and The parent(s)or guardian(s)shall not discuss the petition or its contents or underlying facts with the minor. { ) Said minor shall be supported in such placement by Contra Costa County at the maximum rates established by the appropriate rate setting authority. It is further ordered that the Social Service Department pay for necessary clothing for said minor and pay for any nese nary medical and dental care for said minor. bef Other I. Parents are ordered to immediately inform the Department of any able and willing relative to provide temporary Gere for the minor. 2. Authorize the Department to disclose relevant information regarding the case to potential relative caretaker. { ) -.At- A copy of this order D Is hereby served onm�. p..t guardian,or adult relative present or their counselall be served by maim such party or their counsei to the last known address. Dated Juveni it Judge/Refervi Dated Approved by the Presiding,fudge of the Juvenile Court DC3A(Rev 4198) Original:Court: Copy 2:SSD: Copy 3:Minor. Copy d:Parent SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA JUVENILE COURT Bench Officer Bruce S t r11 n Dept. No. 61 Reporter r Judge/Referee tN THE MATEROF: DETENTION HEARING MICHAEL. RUSSELL (W&I Code§311,-316,316,317#T118.319}G ilrx3nor,som: April 8, 1988 Case No:j98-02982 k Dependency Court Information Publication provided to parent/guardian, CI Yes Q No Reason: PRESENT: W9TNESSES SWORN: 0 Minor 0 Attorney _ U father 0 Pub. Def. ,Mother Cl Alt. Def.Off. 0 Stepfather 12 County Counsel D Stepmother 3 Social Worker PaEricia SmiEh %f #� a Ct. Officer This matter was brought before the court on this date. All parties present were informed of the reasons why the minor was takers into custody,the nature of the juvenile court proceedings,and the right of the minor and his parent or guardian to be represented at every stage of the proceeding by counsel. FINDINGS: 114'"There is no necessity for the minor to be detained. { } It is necessary for the minor to be detained in that: ( } There is a substantial danger to the physical health of the minor or the minor is suffering Severe emotional damage,and there are no reasonable means by which the minor's physical or emotional health may be protected without removing the minor from the parents'or guardians' physical custody. { } There is.substantial evidence that a parent,guardian,or custodian of the minor Is likely to flee the jurisdiction of the court. { } The minor has left'a placement in which he or she was placed by the juvenile court, { ) The minor indicates an unwillingness to return home,9 the minor has been physically or sexually abused by a person residing in the home. OTHER FINDINGS: ( } Reasonable efforts have been made and will continue to be made to prevent or eliminate the need for removal of the chili from his or her house and to make it possible to return to his or her home. ( ) The lack of preplacement preventive efforts were reasonable due to the emergency situation. { } The court 0 has ©has not determined that there is a relative willing and able to care for the child. DC 3(Rev 4198)(Use with DC 3A) Original:Court; Copy 2:BSO: Capt'3:Minor Copy 4:Parent I NEED FOR CONTINUED DETENTIO : (Brief assessment why child needs to be�adalned) 4. AVAILABLE SERVICES AND REFERRALS METHODS TO BE USED WHICH WOULD FACILITATE RETURN OF THE MINOR(S)TO PARENTAL CUSTODY: [3 DRUG TESTING 0 COUNSELING PARENTING CLASS RECOMMENDATION: 0 Department is authorized to release minor to [] Mother Cj Father 0 Guardian 0 Detain with Suitable Relative ❑ Detain in Suitable Faster Home or Institution 0 Find that: Reasonable efforts have been made to prevent or eliminate the need for removal of the child from his/her home and to make it possible to return to his/her home. 0 Other 0 Visitation: 0 No contact with 0 ArrangediSupervised 0 Arranged/Unsupervised Visitation Plan: Frequency: Duration: Rationale: ❑ Whereabouts of minor withheld from [ Mother 0 Father 0 Guardian per W&I 308. 6. REASON FOR RECOMMENDATION: (W&I Code 319) 0 Substantial danger to physical health of minor. There are no reasonable means to protect the child in the home. 0 Minor suffering severe emotional damage. 0 Parent,guardian,or custodian is likely to flee Jurisdiction of Court. 0 The minor is unwilling to return home,if the minor has been physically or sexually abused by a person residing in the home. ATTACHED: 0 Supp/Pet(s) 0 Detention Carder 0 Medical Consent ER 12 A Page 2 of 2 (W&1 Code 319) DETENTION HEARING CASE NO. J 98`01983 The Court has stated the facts on Which the detention is based. ORDERS: ( } The minor Is detained. Responsibility for placement and care shall be vested in the Social Service Department and minor shall be placed In an approved frcense-exempt home, certified or licensed home,exclusive-use home,or licensed group home,for a period not to exceed 15 judicial days. ( ) The Social Service Department 0 is 0 is riot authorized to refuse said minor � temporarily to urior to the Juvenile Court Wearing. { } Visitation between the minor and shall be U arranged 0 supervised by the Social Service Department or Its designee. ( } Visitation between the minor and shall be 0 arranged U supervised by the Social Service Department or its designee. ( } There shall be no visitation or contact between the minor and - The parent(s)or guardian(s)shall not discuss the petition or Its contents or underlying facts with the minor. { } Said minor shall be supported in such placement by Contra Costa County at the maximum rates established by the appropriate rate setting authority. It is further ordered that the Social Service Department pay for necessary clothing for said minor and pay for any nary medical and dental care for said 'nor. Other `� --IIWZ-A , 2.. �j 1. Parents are ordered to Immediately Inform the Department of any able and willing relative to provide temporary cars for the minor. 2. Authorize the Department to disclose relevant Infarnation regarding the case to potential relative caretaker. t } A copy of this order 0 is hereby on tt a minor and t,gua n,or ado relative present or their counsel 0 shall be served by mail on such party or their counsel _ to the last known address. r a Dated�lr '- Juvenile Co&t JudgelRefre Dated Approved by the Presiding Judge of the Juvenile Court c DC3A(Rev 4188) Oftnal:Court; 'Gray 2:SSD; Copy 3:Minor: Copy 4:Parent SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA- JUVENILE COURT -- Bench Officer Bruce S t r i inp Dept. No. 6 Reporter Judge/Referee IN THE MA MR OF: DE I NTION HEARING R ONN I E RUSSELL (W&I Code§311 315,316 317 4 318) P►IJG ?Q Minor,Sorn: December 2, 1990 Case No:J 98-01983 Dependency Court Infomuation Publication provided to parentiguard en. 0 Yes D No Reason: PRESENT: WITNESSES SWORN: 0 Minor 0 Attorney O Father Ci Pub. Def. QAother 0 Alt.Clef.tiff. Stepfather 0 County Counsel Cl Stepmother' IA Social Worker Patricia Smith D , 0 Ct. Officer This matter was brought before the court on this date. All parties present were informed of the reasons why the minor was taken into custody,the nature of the juvenile court proceedings,and the right of the mirror and his parent or guardian to be represented at every stage of the proceeding by counsel. FINDINGS: There is no necessity for Etre minor to be detained. ' ) Itis necessary for the minor to be detained In that: { y There is a substantial danger to the physical health of the minor or the minor is suffering severe emotional damage,and there are no reasonable mins by which the minor's physical or>' emotional health may be prohmA d without removing the minor from the parents"Cif guardians' physical custody. ( } There Is substantial evidence that a parent,guardian{or custodian of the mirror is likely to flee the jurisdiction of the court. { y The minor has left a placement In which he or she was placed by the juvenile court. { } The minor indicates an unwillingness to return home.N the minor has been physically or sensually abused by a person rwjdft in the home. OTHER FINDINGS: ( } Reasonable efforts have been made and will Continue to be made to prevent or eliminate the need for removal of the child from his or her home and to make it possible to return to his or her harm. { } The lack of preplacement preventive efforts were reasonable dire to the emergency situation. { } The court 0 has 0 has not deternnined that there Is a relative willing and able to care for the child. `9' DC 3(Rev 4/96)(Una with DC 3A) Cwiginal:Court: Copy 2:SSD; Copy 3:Minor. Copy 4:Parent __. _....._. ......_.. ......... ......... ......... ._.. ......... ........_ ......._. ......... .......... ......... ._....... ......... ......... ......... ......... ......... ......... _. . ..... . ........ ......... DETENTION HEARING CASE NO: J 98-011981 The Court has stated the facts on which the detention is based. ORDERS: ( ) The minor is detained. Responsibility for placement and care shall be vested in the Social Service Department andrf�►inor shall be placed in an approved license-exempt home, certified or licensed home",exclusive-use home,or licensed group home,for a period not to exceed 15 judicial days. ( } The Social Service Department 0 is 0 is not authorized to release said minor temporarily to orior to the Juvenile Court Hearing. ( ) Visitation between the minor and } shall be 0 arranged CI supervised by the Social Service Department or its designee. { } Visitation between the minor and shalt be D arranged 0 supervised by the Social Service Department or its designee. { } There shall be no visitation or contact between the minor and ( The parent{s}or+guardian(s}shall not discuss the petition or its contents or underlying facts with the minor. ( } Said minor shall be supported in such placement by Contra Costa County at the maximum rates established by the appropriate rate setting authority. it is further ordered that the Social Service Department pay for necessary clothing fpr sold minor and pay for any necessary medical and dental care for said minors r V. 1 Other hvv�im -�- 1 Parents are ordered to immediately inform the De;rtm t of any able and Willing relative to provide temporary care for the minor. 2. Authorize the Department to disclose relevant Information regarding the case to potential relative caretaker. { ) A y of t ts cr der l rs her.,e 4trjs rved n them ro andd p ho r:5 ot2 ln •� ' ,• by parent,guardian,crr Ault relative present or their counsel 0 shall be served by mail on suchor their' unset - to the last known address. 0 Y)�o f MGt4i rol-ms qe+.'` +Cts rid 0 4- e r a pprl io iria Datett,., ', • Juvenile Court J ree Dated Approved by the Presiding Judge of the Juvenile Ctwrt DC3A(Rev 4198) Original:Court: Copy 2:SSD; Copy 3:Minor. Copy 4:Parent t SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA JUVENILE COURT - Bench Officer Bruce Stir1%ng Dept No. ' Reporter- Judge/Referee IN THE MATTER OF: DETENTION HEARING DANIEL RUSSELL (W&1 Code§311,315,3`t6,31Y3'18��) Q $ UVU Minor,Som: ALtgrlSt: 4' 19$f Case No:J 9$-C)1'98 1 b � Dependency Court Information Publication provided to pairen0guardian. CI Yes II No Reason: PRESENT: WITNESSES!SWORN': Y'• f3 Minor d Attorney Father d Pub. Def, Q-116ther ]a Aft. Def.tiff. 0 Stepfather CI County Counsel CI Stepmother ZY Social Worker a r c a m t Ira 0 Ct.Officer _ This matter was brought before the court on Oils date. All parties present were informed of the reasons why the mirror was taken into custody,the nature of the juvenile court proceedings,and the right of the minor and his parent or guardian to be represented at every stage of the proceeding by counsel. FINDINGS: ( _) There is no necessity for the minor to be detained. It is necessary for the minor to be detained in that: JKIIThere is a substantial danger to the physical health of the minor or the minor is suffering severe emotional damage,and there are no reasonable renins by which the minces physical or emotional health may be protected without removing the minor from the parents'or guardians' physical custody. There is substantial evidence than a parent,guardian,or custodian of the minor Is likely to flee the jurisdiction of the court ( ) The mincer has left a placement in which he or she was placed by the juvenile court. { } The minor rtes an unwilfingriess to return home,N the minor has been physically or sexually abused by a person residing to the home. OTHER FINDINGS: Reasonable efforts have been made and will continue to be made to prevent or eliminate the 1 need for removal of the child from his or her home and to make It possible to return to his or her _ home. { ) The lack of preplacement preventive efforts were reasonable due to the emergency situation. { ) The court 0 has CI has not determined that there is a relative willing and able to care for the child. DC 3(Rev 4188)(Use with DC 3A) Original:Court: Copy 2:SSD; Copy 3:Minor Copy 4:Parent __ _. .. ......._. ......... ......... ......... _....._.. _ _.. .............. ..._..... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... . ................................................................ k EXHIBIT "K" waur�uecs Bouncy aut�a+lervua uey+i�th>ena _ .- .. a _ RECORD OF CONTACTS CASE NAME CASE NUMBER WORKER NAME CONTACT DATE TYPE` Comments I Explanation of Contact, plus Initials,PCN and Date You Entered Documentation tilt ... -r` Amme6 Awe- 11".11A "dkild4w" • yu H-Home, T-Phone Call, 0.0ffi C-Collateral, CT-Court Appearance Page# AH-Attempted Home Visit. AT-Attempted Phone tall 3(Rev. 10/40) File: UR _..._... ......... ......... ......... ....._. .. .... ............._...._. ........_.. ......... ......... ......... ._....... ......... ......... ......... ......... _. _.. ......... ......... ......... ......... RECORD dFLCONTACTS CASE NAME CnSf kUMBER WORKER NAME �t! CONTACT DATE TYPE* Comments/Explanation of Contact,plus initials,PCAs and Date You Entered Documentation 0 74 14 r i i ?.. Sk',L Art- • M-Home, f-Phone Celt, O-Of#ice, C-Collateral. CT-Court Appearance ` 1 AH-Attempted Mount Visit. AT-Attempted Phone Call Paige# .+C 3(Rev. 10/90) file: UR __SE NUMER •� of♦ .�. '��► i�l� "" �NAME Comments ExOmnation tr of . Dato YouDocumentation , .*�iiA 1 It�i l _� � �'.�a1r *!� ?AF '!l 1I. p w. 1�8r A_♦ • !, J f,� - ,A `_WAi" —Z w 8 !•EM .'.f ■ spa. � RR' , r♦ �/ tip si� d► ,r �../� �.. � � '� '� Ali ,i._f ►..► , .. � � '� Yrr_' !�1� at�+� .�� • M lA .#. . ar _ ... 11 ! !i MOM .rem WAR }r M VIA .W►e, 1 t wroY Me m I M _ j • se !R A M • r 1i�. I i .+►/ +� 1 �jlit R R R 'f ......... ......... ......... ......... ..........._.._. ................_.__ ......... ......... ......... ......... ......... ......... ......... ......... .__..._.. _ ......... ......... ......... ......... . ........ ......... RECORD OF CONTACTS �CA',l NAMt CA$t NUMDtkiWtt1ihtIt NAM{ C©NTACT Comments I Explanation of Contact, plus Initials,PCN and Date You Entered Documentation DATE T—TYPE- Ido ' '% a i 1 S m c c.xva+4 WI 12 i c e e Gov t M r ' I f1v r 7 ` y W a t+-. tLv t+. lelerC , 1 H-Home, T-Phone Call, 0—Office. C-Collateral, CT-Court Appearance AM-Attempted Home Visit. AT-Attempted Phone Cali Page i Elle: UR s � s a • R -------------�Mv Comments I Explanation of Contain, plus InWals,PCN and Date You Entered Docum*ntation ��. ! I A► �` L marl_ � WATO ., wLAM r. NOW— ' a _ l /�� e .■" y t Mffflfif"AIL a ifw,lU * i �.�_ �� _r� �► :1. MMme!i `. ��C.wf�l.!. ' � ! !,..Its. _'�' —� . _ , a► "04/rA-"Alrd MIR OWL 1 'i 111 s ° : s • t� �♦ ftp � � ��..� �e � r �� . - ,. .r- 'no No im E s r MEN, �XWJWOAW rs,•�_ .. _ � � �►� _,�,e .. Err _ A► A i♦ elm* wm IMANOW-2A 4F .. ► s� 1�..r. �► ..st.� .: ♦ ! �:y:. * •E I FIOW I At h /. 4 fill i TZ' i �t _. CASE AIAM1Af CASE NUMBER WORKER Wrt CONTACT - DATE TYPE* Comments/Explanation of Contact,plus Initials,PCN and Date YOU Entered Documentation . ff 4 Z 41 �f r F r AA � t I � H-Home. T-Phone tall. O-O€fice, C-Collateral, CT-Court Appearance !//! AN-Attempted Home Visit AT.Attempted Phone Call Page# Rev t0190} File: UR r" W16 02t JrA.M2ctrCPS IAO �- r -Nt _ __. ._..... ......... ......... ......... _ ... ......-..-..... ......... ......... ......... ......... ......... ......... _ _._. ..._..._. _..__.. ......... ......... ......... ......... ......_. . _ . ........................................................................................... 49--- - '- . - el A�-ejo t i I x 1' }i _........ ......... ......... .._...... ... __ . ...._...... ......... ......... ......... ......... ......... ......... _. _....... ......... ......... ......... ......... ......... . . ...................................................................................... 3 EXHIBIT "L" ......... ......... ......... ......... ................. ..... .......... _........ ......... ......... ......... ......... ......... ......... .............. . ._. _.. ......... ......... ......... . ........ ......... . . ............................................... EXHIBIT "M" ..... _........ ......... ......... ......._. ... . ........ ..._..... ......... ......... ......... ......... ......... ......... ......... _ _.. ......... ......... ......... ......... ......... ................................................................... F+Z-26-1Q.98 14:40 CCC CHILD, PROTECTIVE SRV P.02 oar avast w akv s www$wowwy 4rrtttlo,.,brut h aW w for Carta Uft sldcYtlw*C;r*dw A6*qnfwt i faMjV.t 01) Contra Cost* County Social Urviceo {925) 31 Y 30 D ulz Road Maartines, CA 94553 +► role Maio 5"W500MBF ntra osta $ h 01 smwm100 glacier Drive rwraws A�OIIMI: K 3 estrAMMOMM Martinez, CA 94553 ' jmM som Juvenile Ct41t.tA'ti tr11LAE: ..r„'n' Jori* Mussell ��Y 4s!'t'Jn0i�1�GW 390- 0 4 x f s4 i dll4aaftor► J9ie-01991 01982 1 01963 Th#J=F dkd0ftd$NWIng 1t bwvbya for Tuesday,Member 1,1"t> 2100 p n t in Department 61, 100 CAacier DAV4 MUrlb e4 CA 94 t. Pstliksrssrssn ht�oer�lan sttd bdMf Rut raNewM� tc '�3+e�tdMd retn�fbr�lodlorits�w w�l+initss Judrd�tldr� �t�r�iN't�l�xWM �nUpwk�r�edtvidiotis sin 1`(LI d 1�1►�� t a S"aftwmw* of (4) M 00 M) C0 x CI � cu J#### Ritosell 6 09/19791 M t. Nuntls�`'sn ar: Useda Russell p.Pst ss m mr #Cartall Russell If . R. Nissan Rd. 1Box 9034 Tustin, CA 42766 !Berkeley, CA 94709 [Z PMuMW E] AftW h.ovw tM nem,idi"S. k cow Ak*;Z 'satii;z TO aw. Public Defender (Attorney for =nor) Rich Pfeiffer: (Attorney for =ther) 3024 Willow Pass Ad., quite 100 1411 Yarba Street, Suite 203 Concord, CA 94519 Tustin, CA 92780 Phones {925) 646-S300 County Counsel (Attorney for agency) 631 Eine 3t. - Martinez, CA 94553 Phones (925) 335.1830 tsa keyowm prrs+rt er e�lsklts wtthlrs tt�s out#. Tt Nlo trEsorrn pdrard ar rsrt<lrswl@sin tt�s aEda 11sis sdnit 1i in#lsir'enerntyar tr si f to lir spurt 0"Room vm h syr"wq Or is ekle"to�t eeurt 3. b iNtftr k it Mow �x ftadsisi m D ardesrs Odtssr NIO mm.sdrrsae;own to OW: DOWNS Irro of ddwd mti: CWN pilot sf eMl wfibn(oftoW: MIrfJMa [� �orfrs � Cher t 1ftil�w Ww M rasawo Coda,R 200 at sst{ +�+rrn� d Cod: ioc Saar eo a+Yr i.ess7 Pw!of a Garc�r►saa.�r�►rrsr+,.wo HLAJ. 17 Ytj 1` + t.4.1 OXY t Lit. t"KU I wt ! :vt: tzKV t°.k73 Oesse Russel.} J98-01JS4 1. [:] OW may mmt I.WOW*er*rMm OmaWWMAa. N«!4f 2 prgWW r�quiih#t�M d v0tilt Md f! m qt trot. i ri mirm wow ftlh m mm sttd ei tart vat 0812$/ Jahn Boylan ........................................................... AM02owduw , irddar..w4twom.„wr 30 Muir Rd'. Xact rwil CA 94553 NO (925) 313-7723 �*J^�A= A :%*" an3dWn NLrdw of MW 01 11 eMM e+r..�w.rLRVANO&) p'+N 2 of ylhAOu+t iwd ipurliditlolis li0d�►f#00�t s�q, 1 1 +r`*� _. ......... ......... ......... ......... ....._- ... ........ ......._..... .......... ......... ......... ......... ......... ......... ............._... _..._.. ......... ......... ......... ......... ......... .......... ........._.................................. AUCs-?8-1 9B 14:41 CCC CHILD. PROTECTIVE SRV p.04 elk ` r NOTICE� TO PARENT Your parental rights may be permanently terminated. To protect your rights, you mint er In court and answer this petItlon. TO PARENTS OR OTHERS LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD You and the estate of your child may be Jointly and severally liable ibr the dost of the care, support, and meinlenanc a of your child In any placement or detstfflon Tufty, this drat of legal services for you or your child by a,public def nder or other athmey, and the cost of supervision of yopr child by order of thejuvenile court. w. .na baMe"caw►.130 0 1 '� ......... ......... ......... ......... ............_........._.. ......... ......... ......... ......... ......... ......... _.... _..... ......... ......... ......... ......... ......... ...._.........__..........................._................... WUu-tes—Irma t-:41 u!, f'KU 4 t4 i:VC SrcV Joss* Russell J9@-01984 SERIOUS PHYSICAL. HARM j e) TM aMid has wtered.at#we is a suboAm t risk that tta Mid wu!suttsr,serious ph*csl harm in kftd wmod"rdsfty upon tM ON by the d*ft paent or quwdlan. a-1 1he mother has a y of hating the minor with a belt as a farm of discipline. cY"ca��w FM7EW It RWHWvwrw�.e�rwaw.��an' i ......... ......... ......... ......... ...._.... __... ................._...... ......... ......... ......... ......... ......... ......... ......... ......... .... ......... ......... ._........................................................ .. ................................................................ AW-28-1996 14:42 CCC CH;L.D. PROTECTIVE SRV emit=NAM 704se RUSE 11 J9$-C 1994 ABUSE OF SIOL.iNG 3 300) The rhbd`S Suing tails been bWW or►roQiMW,at defined M SIMI+ n W(b), (d),(p),or .&W tme is a mai ftk that the dW vAV be a or ftWb t d,ae 4~1 in Chow eobdi WOW j I On or about Ooft r 28, 199.5 the f*ther used inappropriate phy�l diiacz#pilne wlth the minoes sibling, lftol Russell, fwwfttnp in the sibling sul'htsriftg is cut lip. j 2 On or about Dooemb r 23, 1M the fither pullet)the minors sibling, Ronnie Russell, from a parked car by his'shirt causing abrasions to the minor's nix*. ......... ......... ......... ............. . .. . ..... .......... ._....... ......... ......... ......... ......... ......... ......... .............._. _ . . . .................................................................................................................................. ................................ MW—dCS_..1770 1�•+fL 1.�rt�. 6.M i LV, r KU i C'.t.VC 511,(V Ind/' *s@pwft dWwMway pdMo'tar ash off!or for m aWn vskV hddtlQtel't71*W"Aft*ent*mIjV-J 01) � _ � OOIACTfJat WYt.Y Contra Costa County social services (925) 313-7725 30 Nu3r Road Msrt nsz, CA 94553 CORN costa. ~Agvraw 140 Glacier Drive MS AM 28 P !t 08 i1M0igJigORi1 mm maomm Maertinsz, CA 94553 MMMAMe -MM.410 t61 ,IIJ11�N#.!!p11t�+1bL'NISt'P��II" IO>fi� J98-iJl Si83 f 1064 d P 99t §342 ; .IYladl�IC�11011 098-019011 DIMQ 4J1984 Tbo Jnrh dJc*aat Hadad Is$ to for Tuesday,September 1,19"S 2:00 P.01,It Department 61, Car 100 r DrIve M a+m„CA M53- !. F�IIue�+�r w+in�r,�arra�uKalht ib�w+�t�p: ', LWANWWWOOdO The dsct nenrid tei�ar nQnNr tlwe dr' urlpor adtvNin o!000llae+ a the ra aid x 10) (01 (a) i c=l M Ar nie Russell 6 12/02100 M f. AMod"eal"'r ftaads Russell O.F00WaMM Eianati Russell AddMW, 17275 S. Nis:on Ad. P.G. Box 9034 Tustin, CA 92765 Sarksley, CA 94709 pP ' Public Defender (Attorney for minor) Rich Pfeiiie: (Attorney for mother) 3 024 Willow Pass Ad., Suit* 100 1411 Yort:a iSttest, Suitt 203 Concord, CA 94511 Tustin, CA 92780 Phon*i (935) 646-JS300 County Counsel (Attorney for agency) 651 Fine at. Martinez, CA 94353 Phone: (925) 331-1634 D Ne Ino,PS"Qr VAMH , I II II - w!<hhl t at l* T* IwikwMnl p V t w pnr dM r III *fth tt4s aorta. This e� In�Q d<r ole..a�d t1,�►oows. t+a.>r~!Ns ao�sty dr'Ir wnrra�o tllr►d1i1Rt. ,.PAN 14 rawd va 10 9 #*W M*W lid Mr. tiler(AM MMI sd*900.0"0*4#010W to aw 1 ond+aaaace rMraon: OR PION pI pshowduWwo j waw aarrme, Waft*" r rrCodi f=d*"- JW"Q JLVWI11Nt) z=21tlbmlw.k*1, 1 of 4 ev a Dow NOMMI an+Ms 4•..Is 342 367 30 AUG-28-1998 14:4; 0-C CM i Ll). PR'Of'ECT I VE SRV Ronnie Ruo"l ,3lA-0398 1.[3 CN nW=w~ft wo Mom off b dw,C.hPA WWtm AcL L� Othwalftor WWWWAMMOWW a.o�rr.utas e!paJury under sM isvw atthr�a r,�a+ee+w a�a thr hxpana s�� w lue�a oo�smt. Dow. 08/2e/ John Boylan ...................... .....A....wiiiLj.............................. .. Add=s ww, mrnbor 30 X)Air Martinez, CA 5+9953 Ph" (925) 313-7725 htt[WRwsWlr-*ft(=ffQ2) ftrtw of per*M**d tflp t�_ J illpop 2 W' i�Cw+W W�I�i�1�IR�lbl�llt�"'►Q!'�.�'�#�Mq- M - 7 ......... ......... .............11.1.1. _ _. ......._..... ......... ......... ......... .._...... ......... ............._. . ...................................................................................................................................... .. ........................................................................ fiuGi-cam—a acs 14 ++i- t,u l.rv:L1 rKu t6.t.tX "7&'V NOTICE TO PARENT Your parental rights may be permanently terminad. To protea your rights,you must appear In court and en%w thla tift. TO PARENTS OR OTHERS LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD You and the estate of your child may be jointly and severally Keble for the rust of the care, support and maintenance of your child in any placement or detention fteility, the cost of legal services fbr you or your child by a public defender or other attorney, and the cost of supervision of your child Oy order of the Juvsnite court. �+�+ .`► Wb%ftambeat"&"caftISO itdep. ger a nus]^cC�^t:w St> a•+�-r•• �.Lv +.1'f:�.tl. t`ttV+Cti..r .Vt �h.v t':.K) Tiax�ie �4tssm1l x'98—dI9Q3 SEMOUS PHYSICAL HAIIA Tho do fin wftM4,or MM It a subWfftl rah theft the CNId Ml af[rr,Woua Wf$lWl ham In lifted nw=ww iy upon tht dtlid by the chfid's powd or pua rdlo. a-I TU mother has a history of bitting die minor with a belt as a orm of d€ fine. orsteer w.�w,r s"�Ow"I M NN I fon Imo#at 4 j==- * M— q .. ................................................. HtX� e'.C+"2".l C7 lv W? tr1rL t.!"lat.U+ f"#StJ1>Wt„I,vr. ,',MfU 1Q t MI M tlt >1 ld�llD�r#il t++ IMIit M1li Ot>111►#kIYf IAi ilr)ft AditW l{CMWm At6-.+ttllrlt(WM JV•101' ear contra Cost& County social servic,e,$ (923) 313-7725 30 Iftir Road YArtinox, Ch 94553 ' ` Contracost* s"VAOM swr 200 Glacier Drivel M AM 28 p I- Oq srrltAWfal++oasr` Maxtitse►z, CA 94553 awrr"r Suverzxil• Cou - 61 x E Daniel Ruestlt x # w a _"OftTs"I 59# e�wt0ors J98-019e2 01983 & 01984 39 t JUrbdtcd"d gkmftg Is hftvbY 8a tar Tund",SSeptembw 1,19" 2:00 PAL,in Dopvtmatt 61, _ 100 Ghda bdwei mmthlk CA 94M. i. 11`fJC1 b7lbrrttlltfOR it1Q�{�ee��; 11rr11rid YVMlfe11lfe tlt ftp �rrYttigll�rl' M enathoEr M M lhlt Waft*UW b. Cwkft now Daniel Russell a iC �GBt�l f klalAe�rim, "*ads ttuss:ll I.Fivr's mm Han4ti Russell Adarm: Adds U. 17276 E. NJ&$ xx Rd. P.C. Box 904 Tustin, CA 227" 8arkoley, CA 94 709 Z] *mwftd [n AftW �t #3�tarlstltt t,Masi AAdN�0,Ow., Public Defaridor (Attorney for minor) Rich Pfeiffer (Attorney fat =that) 3024 Willow Pass lid., quite 100 1;411 Yorbs Street, Suite 203 COACOCd, CA 94'519 Tustin, CA 82780 Phones (925) 646-5300 Caunty Counsel (At:torrAy for agency) 6S1 Plat 3t. - Martinez, CA 94S,S3 Phones (025) 335-1830 No PON*W rAft t term"W*w Mor sm, Z`w No to w n pll oo 9rju*Wm r"jft l Win gash", 1`M *"town n No In ft mlo*Grif alriad b ttde ew WL sddt nNstAal Im M&M rrrie da w to"oaurt. J. few wRsr x nat d�,e4 � dsaMrled +blMr ts�*6 MM.sdbb*W r�t�to dit: WWtnn+t r1!drtrlttddrr Ctet M p"of d ttb j0dder,rtpy, Rd** a ft"MUNW> O OF WE Y 6%m 00 KNM A%M t aft,IU0300 [:)1342 OW ftpl of 4 3ptS et wq. Yr+aw�,at..rma,arrncs►,t text' t+�1 a �y't,tlrn) .. ....._. ......... ......... ......... ......... ...._.... ....... ...........__ ......... ......... ......... ......... ......... ......... ......... ......... _. .__. ..._. ......... ......... ......... ......... ......... ......... __........_............... HW-A3-1"t14:40 C.tX ':H:W. 1-RUI�zl:I :Vk: bkv F.12 cum amim D�a�sl Rurs+�23 J98-01981 t CW revery oe+ri.ae+d�r qtr. e.ahiar,r,a It kv r,CM VY.�r+ .Act CNW af�rel 01 W#ft r W Ad NwW qu. hrcth.oar►t Md ihwr oil IDIOM* ! �p�nMtx d'prrjury 9+s Irws of Nr est.al��tlrr tbnpokf��rM�+r!a i��M aetriot. ttw� t7812s19� .mnn ea►ywft ................................ .............................. + ' m+'�oto ii�ai49. Adr�w rna 91��rplicert riun�r. 30 Muir Ad. tsrtlu�rz, CA 94553 Ph" (925) 313-7725 JlBwWA:RumHd.amd{ami) Nienbor of pos" d aattww taws? mum 590-40-10-9 pff"ToN f1wom Owll'tarw Wdfm and �is�N,!9QO of +F ) P>r�1�2014 11 _.. ......... ......... ......... ......... _........ ..................__ ......... ......... ......... ......... ._....... ......... ......... _..._...._ ......... ......... ......... ......... ......... .......... ......_................................... tfW" "177G3 1+- Ltt t27 i.i1. "kdICL1 .Vt `r%o r Daniel Russell �9E-fl1�$1 - NOTICE..�rn.r TO PARENT Your parental rights may be permanently terminated. To protect your rights,you mast appear In court and ansvver this ern. TO PARENTS OR OTHERS LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILL You and the estate of your Child may be jointly and severally liable for the cost of the rare, support, and maintenance of your Child in any placement or detention facility, the cost of legal services for you or your gild by a public dander or outer attorney, and the cost of su rvislon of y2ur child by orderof juvenile court caw+•`. . t.,ri i P"0 3 at s s�wrt c.�.�nr�«xacsr+�•� _..... ......... ......... .._..........._._. ....... ......... ......... ......... ......... ......... ......... ............. .... _ _..... ......... ......... ......... ......... ......... ......... ........ . ........................................................................................... HIJL! #t`1 :JC i. yi7 t,1..1 4d't.i.13. I'Mu itV I.vt `.SKV H.<4 Daniel ltttje sell J9$-b1$81 ABUSE OF SIBLING 130Q) That chlkra sihiirg has,been*WAN or Mott rd,ss defined in sutdIvisIon ta).(b),(d),(6),or M.and ftre is a at nth risk that the Chtkd VAN be abused or n"IedW,its defined In those subdivlsIons. j-1 The m�lncWs siblings, Jem and Ronnie a Russell, have a history df being hit with a telt by the ..... mother. J-2 On or about Odober 28, 1905'the father used inappropriM s physical clistrons with the mimWs sibling, Michael Russell, rosuitft in the sibling sulhring a cut lip. j-3 On or about Deoernbor 23, 1 OW the father pulled the minor's siblirg, Ronnie Russdli, from a parked car by his shirt Causing abrestons to the minor's neck. cwe�'( - 13 _... ......... ......... ......... ......__. . ..... ........_.... ......... .......... ........ ......... ......... ......... ....... .. __.. _........ ......... ......... ......... ......... .............. ..... . .................................................................................. For m t in Mgt SaWIft dr aP-1 poftn—soots d'iid at W wwrta wisp Addiflp*Chkhm ML Awd(form jV.101) ` Contra Costs County Social services (925) 313-7725 30 Muir Road Martinez, CA 94553 xrroaNa�+rp�r �{9$ AUG �$ P �� i CF Centra Costs VW?ws11M. 100 glacier ?give ILTE an�wos►aoae HAttinCZ, CA 94953 aowat Juvenile Court - ar tit f;1 ��—......._.. OWIM NAE1E z""i�•F* Michael ftasell - D6lI�IiCY P!'fE3'Wl�f�f �T98-029fd2 i3+ a >IMB 39f!-01981: A1983 s 01984 TU Jvrbdkdf Sig Is here of for Tua day,%pa inber 1, 1"5�2:00 pm.,fit D�epartm a►t 61, 100 Gbd�er Dr*4 Mardis*C.A.94M. �. tde�rran#�►Rr�ion'rnd E�lo€alydNillM fi�llinw6yp: IL 'rwnnd bab+v ours w8trn s,. st Elis anurs car lhr i t�f'Nian 5bif a Ibr'3Rted tmm"fe Coda( iNatsr. ss*At j&wft fbrsDaDfM OgLpft of FUM b. civft, e.Aqw: dDW or twa,: 2. &K Michael Russell 10 04/08188 M f, mwoe's im.s: Rosada Etussell g FafhW*rIO" H&na:li Russell 17276 E. Nissan Ad. F,O. Box 9034 Tustin, Ck 92768 Berkeley, CA 94709 Q ltnwmd 1 Aft"d h.Cilhat(I�/Ital1M, N1d 1Na1b(1�n67 fei'oAld i.f�hrr Idaht nems. ,�' h Public DefonAer (Attomoy fox minor) Rich Pfeif for (Attorney tax mother) 3024 Willow Pass Rd., $u to 100 3411 Yof`ba Street, .9uite 203 Concord, CA 94519 Tustin, CA. 92180 Phonex €925) 646-5300 County Counsel (Attorney for slancy) 651 Pines St. - VAr_inesz, CA 94553 Ph=*: (925) 335.1830 Q No fats m p o*M w 4wWkm mWo wl&M 80 ft*. TtMs This adult i7MrN1s>h+ra�n this o0�tnly r ise�iorsat b lhM antat adult MWO Om in oft WAV WIN Ob"ft va MWL 1. toalrrv`n4an nwkfadwdt► k chfiffIs cow 0"nage,addhlsR'and rrtaEb &*to rrfafd}: Dr9r sed fins ar d Curran pisor or ast�or►{aarrris�: ', ) ft+rht8w Q *"rft"ON, � OVW byro near W ��C.ods, w.awa+recao.}goo aJYLV &VAfV4'101) �Ur�oi 'I imy 3.4M'3 cot Oma MNOWi0 t$Pon 3W [DI 342 D 3V 3N ......... ......... ......... ......... ......... ......... .......... .._.......... ......... ......... ......... ......... ......... ......... ......._. _..._.. ......... ......... ......... ......... ......... .........._............................ AUG-28-1998 14'.4£; CCC i:t;:LD- PROTECTIVE Stu P.iG Michael Russell 399-+ 1#92 i. �ChBsi tnry t+�I Linda tl+a�l�dr�atlh�lrtdliu't+Cf�tl Ware#uc. � Qfi�'+bl�de�et a�i�rd an 1 P�Ilpor eapwlii ltf�tWE mon t!!nQ It w aiGgNIA I #o Fid tr�w. t d�aMr. y orbit Mrs ih. et CMNkr tart iss Mrrpakip end aM id�raM+rnbr yrs twr,wA aer+rat Dab, 08/20/09 J*M Boylan .. ............................. n«.:..•...a........................... t.. (1YAtCIi�I1Nt1 t1AAAty Addnm*W ti herllr mmdw. 30 Mtiir'lid. ?Ei2t3.TN�Zr $4533 PWW t9253 313-7725 �$:Nt1lAar+911m.itil►d( 2j mm; Nurnb�r of pars Cwt�,yw +lrmMi u—A ) of 6 yYsifia ar+d�GMdr.�lOp d�4 ►iLKa-CG�1J7t5 1-;4d 4t 1, t.tS.i_l+. hKlifGl t : �Kv � NOTICE--- TO PARENT Your parental rights may be permanently terminated. To protect your fn's, you mast appear in court and answer this p0lboit TO PARENTS OR OTHERS LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD You and the estate of your child may be jointer and severally liable for the cost of the rare, support, and maintenance of your child in any piaoement or detention facility, the cost of legal services for you or your child by a public ender or+other aftom+ey, and the cflst of supIrvision of your child by order of the juvenile art. vHs w~Nwl�l oM 00ft# s del s ......... ......... ......... ......... .. ........_. .......... ......... ......... ......... ......... ............... _. ......... ......... ......... ......... ................_. ....................................................................................... I-;4v rKU1r-t-1.Vt :WKV CH UY6 NUMBER.' . M +� At��es�,il J98�{�wgB2 SraUS PHYSICAL HARM 3+0(o) The child fW aulf W,Of them is 8 aUt ai d0k that the child wiii suffer,aadou physic*h*rnt in kUd norinaddentaity upw Ow+tfid by the ohlift parent,or guardian. -1 On or abW OcWt lir 29, 1M to h4herused inappropriate phyaicBl discipline with the minor multing in ft minor s~nq a cut lip. w FRE—wrsMM Vneve MWoww oraco+.#= M - 17 ......... ......... ......... ......... ........ . _ . ..........._.. ......._. ......... ......... ......... ......... ......... ......... ......... . . . .. ........................................................................................................................................... _.................... s t CMItD'!iNAM :NUMUR. Michael Russell M-01982 ABUSE OF SIBLING f O) The child's sibling has been abused 4t nagiOtsd,u d+Mnsd in subdmwon(a).(b),(d),(0).or 0).W4 there is■ subonUal ribk'that the ehiid VA be SWW or ne sted.as defined in tom sutKO M Ms. j-1 Reqs dismissal. J-2 The minvr'e siblings, ,Jesse and Ronnie Russell have a histm of being hit with a belt by the mother. .wlwtc 'es�►utr ' own f i>�t w•�e•arrrwrmr�sew�a►;xa' tsrgM wti dY PI I of t' c�narc. �s�+ TOTAL P,19 ......... ......... ......... ......... ......_.. ......_.....__............ ...._.... ......... ......... ......... ......... ......... ......... _. _.. ......... ......... ......... ......... ......... ......... _ _ ........_._._._............. EXHIBIT "N" t , I Law Offices of Pfeiffer&Rothlisberger RICH PFEIFFER 2 14211 Yorba Street, Suite 203 Tustin, CA 92780 3 714) 573-0198 Attorney for Mather, 4 Rosda Russell 5 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 6 IN AND FOR THE COUNTY OF CONTRA. COSTA 7 JUVENILE COURT 8 IN THE MATTER OF Case Nos. J98-0,1981-J98-01984 9 DANIEL RUSSELL et al., Alysha S. MOTION #2 10 (AKA DEMURRER) Minors. 11 %R9elated Demurrer filed August 25, 12 DATE: September 1, 1998 13 TTM.E: 2:00 p.m DEPT: 61 14 I S Rosada Russell ("Mother"), by and through counsel,hereby requests this 16 honorable Court to enter a demurrer to the dependency petition pursuant to Welfare 17 and Institutions Cone' section 300, filed on August 28, 1998. Said motion is based on 18 all papers in the Court's file, these moving papers, Demurrer 41 filed on August 25, 19 1948 (including exhibits), and any oral argument presented in support thereof. Mother _ 20 demurrers to the amended petition on the following grounds: 21 1. The petition is facially insufficient to support jurisdiction. 22 2. This Court does not have jurisdiction to hear this case. 23 CCI 24 CCC 25 26 ' All further references are to the Welfare and Institutions Code unless otherwise 27 specifically stated 28 1 ...................................................................................................................................................................................................... . ...... .......... ......._. ......... ......... .._...... ......... .._..._.. ......... ......... ......... .......... ........ ......... My attorney's second Demurrer was denied. (The Appellate Court later forced the County to accept this Demurrer). While these events were taking place the County was frantically trying to locate my whereabouts. My sitter had a Contra Costa car sitting in front of her apartment building for days in 100-degree weather. (My son also had a similar experience) They followed her on two occasions. Once in the middle of the night causing her to call the police and another time in her car. My mother was contacted by a call that could only be the County. They illegally represented themselves. At times they just came out and asked my attorney where I was looking to reside next. (I had been searching for a safe haven). They sent an Change County worker to my home in Southern California. I felt like a bank.robber. This was an obvious over reaction even if the allegations had been true. I felt too frightened to return to my home and subsequently the vacancy caused vandals to systematically remove my belongings. I did feel on one occasion that the County might have been the perpetrator because only the children's medical cards were missing. Because of this I was forced to pay for their medical needs with cash as not to tip them off to my whereabouts. During these events I repeatedly informed the County of the devastating effects this was having on the children. Any time they saw a police car or a white car for that matter they reacted. Even though their policy mandates that they intrude as little as possible into family life they pursued us unmercifully. I believe with the goal being to dismantle this adoptive family. 11 _ .1.11.1 .. ..... .... ......... ._.._.... ......... ......... ..................................................... ......................................................................................................................................................................................................................................................... After the last hearing my attorney filed a writ of Mandate with the Appellate Courts. This seemed to increase the fervor of the County. When they were unable to locate me they decided to disregard the Appellate system and arrange for my arrest. They informed my attorney that if I didn't comply with the court order to bring my children to them by 12:00 tomorrow they would seek an order to arrest me at 2:04. This was the most frightening time of all and my children and I were traumatized beyond endurance. Again my rights to the appeal process was overlooked and their complete disregard for the welfare of my children was evident. The fact that it had already been established that the children were not in any danger(Discussed at the first hearing), I cannot see any reason for this premeditated outrageous behavior. At twelve o'clock the Appellate court put a stay disallowing the County to further harassment. I eventually won the appeal based on the fact that they had no evidence that warranted this behavior. On returning I discovered the mother of one of my children was contacted in jail and given erroneous information about me. These contacts were libelous and slander in nature. She was also given confidential information. Also the school where my children would attend had been slandered against me causing further difficulties for,my children. My neighbor had been pulled into this situation when Ken Adams insisted on using her phone to call the police. This again is a breech of Duty and invades my right to privacy. It also puts me in a bad light unnecessarily. .............................................................................................................................................................................................................................................................. ...__ ......................... ......... ......... ......... ......... ......... ......... ......... ......... ......... . ........ ......... I requested the reimbursement of fees owed my attorney Rich Pfieffer and was denied compensation. This also is included in damages sought from the County. I have since returned to my home but have not recouped from the devastation caused by this experience. Financially it will be some time, if ever,before I can straighten things out. I don't know if we can ever recover emotionally from this. As a single parent of five special needs children it is almost impossible to find a rental large enough and still affordable. The fact that I owned my home was a great asset to the welfare of the children. I have lived in this community for many years and have established support here for my children and myself. Unfortunately I live in fear that the County will retaliate again. I feel like my life as I knew it has been destroyed. This is just some of the areas of law I feel have been violated in this case. I',am not an attorney but after careful research I have concluded these and possibly others have been violated. Fourth Amendment Right Malicious Prosecution of Civil Action Malice Denied Peace of Mind Severe Emotional Stress Reckless Conduct Abuse Of Process Improper use of Discovery Libel Slander Breach Of Duty of Care Invasion of Privacy Emotional distress from injury to property Emotional distress from financial injury Intentional Infliction of Emotional Stress I Law Offices of Pfeiffer&Rothlisberger RICH PFEIFFER 2 14211 Yorba Street, Suite 203 Tustin CA 92780 P 12' 3 (714)373-0198 Attorney for Mother, 4 RosadaRussell ` 5 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 6 IN AND FOR THE COUNTY OF CONTRA COSTA 7 JUVENILE COURT 8 IN THE MATTER OF Case Nos. 398-01981-J98-01984 9 DANIEL RUSSELL et al., MOTION FOR ATTORNEY FEES 10 AND NECESSARY EXPENSES Minors. 11 Related Case. A084079 12 D��AL}}-E-+ • y Tile..•...��* 13 DEPT: 61 14 Rosada Russell("Mother),by and through counsel,hereby requests this 15 honorable Court to compensate her for reasonable compensation for attorney fees and 16 17 expenses regarding this dependency action. Said motion is based on all papers in the Court's file,these moving papers, writ petition number A084079, and any briefing or 18 ', 19argument ordered by this Court. ' 20 STATE ENT OF FACTS 21 Mother attended the detention hearing and requested an attorney be appointed 22 23 to represent her and her children. The court recognized that no;attorney was available 24 to represent these parties and continued the detention hearing without these parties 25 bung represented. 26 Mother and her children were referred to counsel for the jurisdictional hearing. 27 At the jurisdictional hearing,the childrens' counsel was apparently recently appointed 211 and was not prepared to go forward with the case that day. The court was aware that 1 ', ..........11................................................................................................................................................. ............................................................................................................................. I Mother and her children were residents of Orange County and any delay would be 2 financially costly to Mother. Mother was never notified that counsel was appointed to 3 represent her and she was not contacted by appointed counsel. 4 Two days prior to the jurisdictional hearing,Mother retained the services of 5 Rich Pfeiffer,to represent her in this action at the cost of$200 per hour plus any 6 expenses. 7 9 EOINISs AlaflORIMSs AM ARG 9 L MOTHER SHOULD BE COMPENSATED FOR 10 REASONABLE ATTORNEY FEES AND EXPENSES. 11 California Rules of Court, rule 1412,subdivisions(g)and(h)(1)(A)and(B) 12 reads in pertinent part: 13 (g)At each hearing the court shall advise an unrepresented child, 14 parent,or guardian of the right to be represented by counsel,and, if 15 applicable, the ri&W to have aQuasel appQWt&A subject to a claim by the county for reimbursement as provided by law. 16 (h)(1)In cases petitioned under section 300: 17 (A)The court shall appoint counsel for the child if it appears that the child would benefit from the appointment; 18 (B)The court shall appoint counsel for any parent or guardian 19 unable to afford counsel if the child is placed in out-of-home care,or the 20 recommendation of the petitioner is for out-of-home care,unless the court finds the parent or guardian has knowingly and intelligently 21 waived the right to counsel. (emphasis added.) 22 23 Welfare and Institutions Code section 317 reads in pertinent part: 24 (a)When it appears to the court that a parent or guardian of the minor desires counsel but is presently financially unable to afford and 25 cannot for that reason employ counsel,the court may appoint counsel as 26 provided in this section. 27 (b) When it appears to the court that a parent or guardian of the minor is presently financially unable to afford and cannot for that reason 28 employ counsel, . . . the court shall appoint counsel,unless the court 2 ............................................................................................................................................................. .............................................................................. ,44 I finds that the parent or guardian has made a knowing and intelligent 2 waiver of counsel as provided in this section. (c)In any case in which it appears to the court that the minor 3 would benefit from the appointment of counsel the court shall appoint 4 counsel for the minor as provided in this section. 5 6 Section 317.5, subdivision(a)reads: "All parties who are represented by 7 counsel at dependency hearings shall be entitled to competent counsel." 8 in the present case,Mother was told by the Court, "You,as parent have the 9 right to be represented by an attorney in this court, and if you wanted that help but 10 could not afford to hire an attorney,I would appoint one for you. Do you want an I I attorney's help?" mother answered, "Okay."(Reporter's Transcript of August 20, 12 1998,{"11 ..T.") p. 2.) 13 Mother then described some of the harassment inflicted upon herself and her 14 children by the Department. The Court again asked, "Would you like an attorney to 15 represent you,ma'am?" Mother responded,"yes, I would."(I R.T. p. 3.) The court 16 told Mother, "I don't have an attorney right here right now to begin helping you, 17 ma'am, . . . I respect the fact that you requested a lawyer, and one is not here to help IS you."(IR.T. pp. 4-5.) 19 A discussion involving the current address of the children and harassment of 20 the children by the Department was interrupted by Mother who did not want to give 21 their address to the Department and reminded the Court,"I would like to say that my 22 children do not have an attorney." The Court responded, "Ma'am,you're repeating 23 yourself."(IR.T.p. 14.) Mother advised the Court that she and her children live in 24 Orange County. (I R.T. pp. 14-15.) 25 Mother finally stated,"I'm not going to discuss any more until I have an 26 attorney present. I feel very outnumbered here. I don't feel I'm represented or my 27 children, and I don't think its fair to continue this hearing under these circumstances." 28 (IR.T.p. 16.) The court rejected Mother's request and continued the detention 3 ............................................................................................................... ..................... ....... ................................................... ...... I hearing. (IR.T. p. 17.) 2 The Court concluded the detention hearing stating, "The jurisdictional hearing 3 is now set for Tuesday,August 25. Minors are not detained, and I'll see you back 4 here then,having referred Mother and each of the Minors to counsel."(IR.T. p.22.) 5 On August 25, 1998,Mr. John Cooper addressed the court as, "John Cooper, 6 apparently appointed to represent the minors." "Your Honor,I haven't had a chance 7 to see—read any of this discovery yet."(Reporter's Transcripts of August 25, 1998 9 ('2R.T.,,,)P. W 9 Also on August 25*,the Court recognized that Mother and her attorney 10 traveled considerable distance from Southern California but would have to continue 11 the hearing to permit opposing counsel time to prepare to argue Mother's first 12 demurrer. (2R.T. p. 2.) 13 At no time was Mother ever notified that an attorney had been appointed to 14 represent her, or would be prepared to represent her at any subsequent hearing. 15 16 PRAYER 17 WHEREFORE,Movant prays this Court: 18 1. Reimburses Mother for her costs incurred in obtaining representation in 19 her dependency action(see attached services and expenses); and, 20 2. Rich Pfeiffer, Mother's attorney of record,respectfully requests this 21 Court appoint him to continue to represent Mother>in this dependency 22 action,including but not limited to issues regarding attorney fees and 23 necessary costs incurred by Mother,her attorney,and the minors. 24 111 25 N 26 ill 27 28 4 ...11............................................................................................................................................................................ ............................................................................................... I DEc1[.AR&TM!QF RICHE 2 1,Rich Pfeiffer declare: 3 1 am an attorney licensed to practice law in the State of California. I have been 4 retained to represent Rosada Russell(Mother)in this dePendencY action. I was 5 retained on August 23, 1998,at the rate of$20o per hour plus any expenses incurred. 6 All attorney fees and expenses incurred on this case to date are itemized On the 7 attached sheet. 8 1 declare under penalty of perjury under the laws of the State of California,that 9 the foregoing is true and correct. Executed at Tustin,California, on October 6, 1998. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 ''I'll......I........................................................................................................................................................................... ................................................................................... I ATTORNEY FM AhM MIMM 2 Hours: 3 August 23, 1998: 5.5 hours to research and prepare demurrer 4 August 25, 1998: 10 hours to travel to, and represent client in court 5 August 28, 1998: 2 hours to prepare second demurrer 6 September 1, 1998: 10 hours to travel to,and represent client in court 7 September 4-7, 1998: 35 hours to research and prepare client's writ petition 8 September 15, 1338: 5 hours for preparation for contempt hearing 9 October 6, 1998: 2 hours to research and prepare motion for attorney fees 10 11 Total: 74.5 hours at$200/hour=$15,900 12 13 Expenses: 14 travel to Contra Costa County: $177(round trip)on August 25, and September 1: 15 $355 16 17 copy,binding, and mailing expenses: $217 is 19 copies of transcripts: $32.23 20 21 Total: $604.23 22 23 Total attorney fees and expenses: $16,504.23 24 25 26 27 29 6 ........... ................................................................................................................................................_....._. ......... ......... ......... ......... ......... .._.._... ......... ......... ......... ......... ......... ......... DECL ARATIO-N OF &QSADA RUSSELL I Rosada Russell declare: I am the mother of the minors in question. On August 19, 1998 I received a phone message that informed me of a detention hearing the Mowing day. The Countywas aware of the fact that I no longer lived in their county and that I was residing in Orange County. During the detention hearing of August 2e, I repeatedly asked for representation by an attorney and was denied one. I informed the Judge that I had no money for an attorney and felt very outnumbered without legal representation. I was also denied representation for my children. The Judge issued numerous orders during this hearing and expected me to comply immediately. A week latera jurisdictional hearing was held.I was never notified of legal representation for my children or myself and felt the need to retain attorney Rich Pfeiffer two days before the jurisdictional hearing. The jurisdictional hearing was delayed a week to allow the children's attorney time to review the case. They took our cast last even though we had traveled from Grange County. I respectfully request all legal expenses incurred during these proceedings be reimbursed. I declare udder penalty of perjury under the laws of the State of California,that the foregoing is true and correct. Executed at Tustin,California,on October 11, 1998. FROM ,P.4ch Peiffer At4M-ney PHONE NO, 714 573 X135 Dec. 17 1998 11-z5PM PI a • wY T}} IN THE COULT OF APPEAL OF THE STATE OF CALWORNIA FIRST APPELLATE DISTRICT DIVISION TIME4 Fwz A ��yy ROSADA R. } f 1 J Petitioner, V. THE SUPERIOR COURT FOR THE a� COUNTY OF CONTRA.COSTA, A0$4479 Respondent, (Contra Costa.Cotuity CONTRA COSTA COUNTYSuper. Ct. No. T95-01981; S98-01982 DEPARTMENT OF SOCIAL SERVICES, 398-01983; J98-01984) DANIEL R., et at., RealPies in Interest. ALTERNATIVE FRIT OF NLkNDATE To the Superior Court of the State of California,Contra.Costa County:' Good cause appearing for the issuance of this alternative writ of mandate,WE DO COMMAND YOLT, forth,%ith upon receipt of this writ, to: (1) To set aside the order denying petitioner's demurrer to the petitions herein., and to enter an order sustaining the demurrer,or: (2) In the alternative,that you show cause before Division Three of this cmal when ordered on calmer in its courtroom at Marathon Plaxa., Sate Francisca, California,-why you shard not be compelled to do sot The written return, if any,to this alternative writ is to to sewed and filch on car Before October 10, 1998. Witness the Honorable Michael J. Phelan, Presiding J'usdce of the Court of :appeal of the State of California, First Appellate District, Division Three. Artest my hand and the Seal of this Court this day of September, 1998. Ron D,Barrow, Clerk JENNIF ' Deputy Clark l ', ............................... ....... ..._.......... ......... ......... ......... ......... ......_... ........... ......... ......... ......... .............. .... ......... Fi M Rice, Pfeiffer Attorney PHOt-,E- NO. : 714 573 2135 Dec. 17 1999 11:e5AM P2 elf x OPY Ni THE COURT OF APPEAL OF THE STATE OF CALIFORNIA. FIRST APPELLATE DISTRICT DIVISION THREE FILE Cots!of Apynal•First Avj,Cis+ ROSADA R. Petitioner; V. L�. , 4:ciciUVr :. t THE SUPERIOR COURT FOR THE COli NTY A084079 OF CONTRA COSTA, Respondent; Super. Costa County Super. Ct, Nos. J98-01981,398-01932, 398-01983; J98-01984) CONTRA COS'T'A COUNTY DEPARTMENT OF SOCIAL SEI.-krICES,DANIEL R. et al., Real Parties in Interest. BY THE COURT: The amended dependency petitions alleged: (1)"The mother has a history of hitting the minor[Rormie&Jesse] with a belt as a form of discipline"in violation of Welfare:and Institutions Code section 300.subdivision(a);(2)"+ori or about October 28, 1995 the father used inappropriate physicatl discipline with the minor's sibling Michael [R.] resulting in the sibling t. suffering a cut lip,"in violation of section 300, subdivision 0), and(3)"On or about December 23, 1995 the father pulled the miner's sibliyrig,Ronnie[R.],from a parked car by his shirt causing abrasions to the minor's neck"in violation of section 300,subdivision 0). Related abuse of sibling allegations were also charged as part of allegations 1 &2,supra. (Exh. M) Respondent court denied petitioner's demurrer to the amended petition,and this petition followed. (Each.N, RT 15) We granted a stay of all proceedings pending our determination. In its opposition to this petition,real party Contra Costa County Depar=e.W of Social Services(the Department),concedes allegations 2 and 3 fail to state a cause of action. (Oppo. p.2) We conclude the remaining allegation also fails to allege sufficient facts to bring the minors within section 300,subdivisions(a.)and(j). Section 300,subdivision(a)permits the court to declare a minor a dependent if it finds: "The minor has suffered,or there is a substantial risk that the minor will suffer,serious physical harm inflicted ncnaccidentally upon the minor by the minor's parent or guardian. For the purposes of this subdivision,a court may find:there is a substantial risk of'serious future injury based on the manner In which a less serious;injury was inflicted,a history of repeated inflictions of injuries on the minor or the;minor's sibling$, or a FROM :_Rica PHONE NO, 714 573 2135 Dec. 7 1990 11.4681 P3 combination of these and other actions by the parent or guardian which indicate the child is at risk of serious physical',har ," The petition roust contain"[a]concise statement of facts, separately stated,supporting the allegationthat the child is described by each section and subdivisi .......-.................................................................................................................................................................................... .................................................................................................................''I,.,,,'.,,,,,............................................................ F,ROM,:,Rich Pfeiffer Attorney PHONE NO. : 714 $73 2135 Dec. 17 1996 11:461*1 P4 If respondent superior mut does not comply with the alternative writ,oral argument will be heard before Division Three of this COurt when the Matter is ordered an calendar, SEP .0 Isss Dated; AC"T*NG 3 .........11.1........................................................................................................-.............................. ..........I............................................................................ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA QZENMo CALIFORNIA - BOARD ACTT January 19, 1999 Maim Against the County, or District Governed by ► the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Acton. All Section references are to The copy of ttlis document mailed to you is your California Goverriment Codes. notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), Oven pursuant to Govemrnent Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $25,001.00 DEC 3 1 1998 MARTINEZ OUNTY COUNSEL CLAIMANT: Carolyn Stone MARTINEZCALIF- ATTORNEY: George S. Kellner, Esq. DATE RECEIVED: December 30, 1998 Siino & Kellner December 30, 1998 ADDRESS: 7960 Brentwood Blvd. BY DELIVERY TO CLERK ON: Brentwood, CA 94513 BY MAIL POSTMARKED: December 17, 1998 L FROM- Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. December 31, 1998 PI-111, BATCJ3fI,0R, Clerk Dated: By: Deputy — IL FROM: County Counsel TO: Clerk of the Board of Supervisors (This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ) Other: Dated: /a)-31- It By:_tV_0_*t4Z Z_Z4^0 ,.,____Deputy County Counsel M. FRM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). N. 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:_ PML BATCHELOR, Clerk, By 2A,_" Deputy Clerk 19 — 4Z 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 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 NIAIMG 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: 1 qV By: PHIL BATCHELOR By Q7� lleigr_,t &_Deputy Clerk CC: County Counsel County Administrator ...................... _.. _.... ......... ......... ......... ......... ......... ......... ......... ......... ............._.. ........ ......... ........... .._._.... .......... ....... ..._..... ....... ....... ......... ........ ........ Claim to: y HOARD OF SUPERVISORS, OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIIIW A. Claims relating to causes of action for death or, for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the acerial 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 11 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 1069 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 l'filing stamp STONE, CAROLYN ) R EC ,1 "y 1) .0i gainst the County of Contra Costa ) f or ) District) ill in name ) . The undersigned claimant hereby makes claiLm inst the County of Contra Costa or the above-named District in the sum of $ t -= and in support of this claim represents as follows: 2. When did the damage or injury occur? (Give exact date and hour) 7-21-98 at 7:30 a.m. 2. Where did the dw=ge or injury occur? (Include city and county) Walnut Boulevard at intersection with Concord Avenue, Unincorp, Contra Costa County 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimant, Stone, was northbound on Walnut Blvd. ; traffic was backed up southbound on;Walnut Blvd. As Stene approached the intersection, ZACHARY THAYLER CRANE, driving a CON'T'RA COSTA COUNTY vehicle, pulled out from between the cars and Stone could not avoid collision. Crane caused collision by violation of 21802(a) CVC.. 4. What particular act or mission on the part of county or district officers, servants or employees caused'the 'i injury or damage? motor vehicle negligence (over) ............................................................................................................................................................. ........ --l- ''I'll'-, .....................111.1111,... .......... .........................-.................................. 5. What are the names of county or district officers, servants or employees c�iusing, the damage or injury? ZACHARY THAYLER CRANE 2- ---—------—--_-_1111.--__------—---—-—--—---------—-----—----------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Personal injuries to Carolyn Stone. Property damage resolved by her Insurance Carrier. Full extent of injury is uRnown at this time. Too soon to tell. General and special --------—---—---------------------—--------------—-----—-----------------------CONTIN. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See answer to 6. ------------------------------------------------------------------------------ 8. Names and addresses of witnesses, doctors and hospitals. See police report attached hereto. -----—-------—--------------—------—----------—--------------—----------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT See answer to 6. Gov. Code Sec. 910.2 provides: "The claim must be sig V(+ by the claimant SEND NOTICES TO: (Attorney) or by s person on iiii behalf." Name and Address of Attorney .,.-George S. Kellner, Esq. Siino & Kellner (Claimant's Signature) George S. Kellner 7960 Brentwood Boulevard Attorney for Claimant Brentwood, CA 94513 7qF)n RrPnt-kppcJ Rlv4- RrPntijmrJ- M q4,513 (Address) Telephone No. Telephone No. (925)513-0111 I I V I V V V V V 1 9 W V I V V I I I W-W-W NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or 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. ClAm.of Caro-Iyr�,i Stone against Contra Costa County, 12/16/98 damages are within the jurisdiction of the Superior Court. Medical Special Damages total approximately: $ 1,893.75 Kaye Chiropractic 70.00 Kaiser (Estimate) 300.00 Wage Loss (Estimate) General damages to be determined. STATE OF CAL PORNIA �/+yy gut- 6 is L TmV : TA68 OF Gl SPECIAL CONOIT'IONS NO Ito "a UtMCL11 DiSPRfCT NUMEER 0H UNINCORPORATED DELTA No KILL HAR MISD COUNTY C0-NTRA COSTA DIST 9 d #C*ftar. 062C47L3 CGLLt9tGN f k CtSRRBa ON: MO DAY YEAR T EME(2t00} T'CIC/ oPPFCER I.D. 0 WALNUT BLVD. 07121198 0730 9320 007860 T MiLEPOS{INFORMATION: DAY OF WEEK TOW AWAY PHOTOORAPHSBY: rr I 0 TUESDAY pg YES No N N AT onusEcmw wr STATE H1YY REL QR: CONCORD AVE. ,+ NE PARTY DRmors LICENSE N max STATE CLASS JSAFETY VEH YR MAKE/AdODIZtXOLOR LICONSBNUMEER SfATI I. A1721234 ICA I C B 91 FORD PfYY �;T�iITE E275099 ' . . . . . , . . . . . , . . . >, . . . . DRIvfsR NAMBQrtRST.MfDDLE,LAs'f) ... , ,.: 10 ZACHARY THAYLER CRANE PEDES• STREET ADDRESS � CONTRA RA 'COSTA 'COUNTY <. NANIN 823 SHADY GLEN' PARXXV CITY/S7'ATEW OWl SK"s ADDRESS SAME AS DRIVER MARTINEZ CA 94553 18o1 SHELL AVE. MRTINEZ CA 94553 agcy- sax I mAti-I am I Hwwr welGw RMTHDATERAca aE4POaFV ONoRDfilSOP; []OPPIC8R i DRIVER []on= M BLN BLU 5--0 9 185 04 12'172 PARKED OTHER HOME PHONE $WSWS&4PH" PRIOR MOCHANBCALD TS: NOWAPPAR>3NP _q RaFaRI4NAR3tACfY13 ] (92 5) 370-2454 NONE vCw ussomy DESCKMIS VEHICLE DAMAGE SHADE IN DAMAGED AREA IS INCE CARRIER POLICY NUMBER [j um []NONE []MINOR SELF INSURED 22 MOD, MAJ R TOTAL DiRTim I ONSTREET OR-HIGHWAY LMT PCF E CONCORD AVE r55 5 21802 a PARTY mmR,s Lx z=NUMf3RR' STATE 0-110 SAFETY VEH YR MAKBWDMJCOLOR I BE I NUMBER STAT 2 A9916477 CA C B 94 MAZDA 323 WHITE 3GRA079 CA DRIVER NAMEMtST,MlDDMLAST) . . . . .. . . . . . CAROLYN ANN STONE PEE�DES- SIRM ADDRESS OWNER'S NAIVE &AME AS DRIlm 1275 CENTRAL BLVD. APT. 163 PARICELti CCfY1SFAT&W 00WS ADDRESS ' SAME AS DRIVER BRENTWOOD CA 9451.3 WCY- SEX I HAIR I EYES KEIGItr wElotir sucTfITYATE IIXcE oino oP vmuma ON oRoass OF: []GFPICRR [1RIVER [ OTHER CL F BLN; BRN' S—U5 120 01 t,02 144 AAA TOW OTHER HOME MONS 13IISIII�$S PEON$ PRR)R IrC>�fIA#FCAL DEFaCpS: NONE APPAR8Nf REFER TO NARRAT" [ (92 5) 513-2491 (8 0 0) 621-0140 CHP r°NLY DQE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER _... POLICY NUMBERYFE [j U X []NON$ []MINOR ALLSTATE 0 67 735830 08/25 01 ( Moa. MAIOR TOTAL DIR TRV ON STREET OR HKIHWAY LMT PCF M N WALNUT 145 PARTY Dwvws LKO NUMan SDA'M CLAW SAFETY VM YR MAiCRAtOD8L1COLOR LICENSE NUMBER STA E' 3 N9961728 ICA I C B 98. ISUZU RODEO REL"? 3XDN696 C.F DRIVER NAME(PIRSf.MIDDLE.LASI) STEVEN ROY KLAIF PaDss IM2778"7MCKINLEY AVE., flWNBR`S NAME SAME As'DxIVER PVARKED CrrY15f ATWW OWNER'S ADDRESS �] SAME AS DRIVER VENICE Chi 90291 tu' l m SEX HAIR EYES HEIGHT ww BIRTHDATE RACE VISPO OF VENA ON ORDERS of, ' []OFFICER 19 DRPM []OTHER M BRN BRN 5-09 140 05122154 DRIVEN OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT19 REFER TONARRATNE (310) 821-2119 (3 2 3) 980-7759 CHP USE ONLY DESCRIBE VEHICI.9 DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE []UNK []NONE MINOR ACORD RM I S/6I I 01 MGD. MAJOR TOTAL r.. DIRTRV ONSTREET GRHIGHWAY 11POLMT PCF N WALNUT ,BLVD. 145 PREPARZWS NAME DISPATCH Nlyrw D RaV BELTON G 0,07860 Y+s N/A .R. « /TATE OF CALIFORNIA PAag m DAT@OPA1,114CMEt! NCICNIWAU Omani. . NUMBER 01- — 2*1. — 98 0730 9320 _ 40'78,60 $#7-296 NAMRt� N(F£Ef4ED PROPCRTY DAMAGERIPnON OP DAMAGE SEATING'FUSITION fl Q_ SAFETY EUIPMENT MIC BICYCLE•HELMET EJECTED FROM VEH I•DRIVER A-NONE IN VEHICLE L-AIR BAG DEPLOYED o-NOT BW=BD ; m 6-PASSHINOERS B•UNKNOWN M-AIR"0 NOT DEPLOYED DRIVER i-PULLY EJSCTBD 7-STA.WON.REAR C«LAP BELT USED N-OTHER V•NO 2- ALLY EJECTED OM 3 t-RR.OTRIG OR VAN D-L.AP BELT NOT U= P-NOT REQUIRED W-YEs 3-UNKNOWN 9-POSITION UNKNOWNH-SBR WUSBD 4 S 6 0.OTHER P-SHCHi1LMEl IIl�HOT USED CHILD RES ItAINT PASSENGER O-LAPt L4009HARM$USED -IttS�'VSED X-NO 7 H.LAPIStR"1ULLIRR HAlkloo NQT USED R-IH VEP>='NCPT USED Y-YES 1•PASSIVE RESTRAINT USED S-IQ VRH iISB UNKHCIWN K•PASSIVE RESC#A#!S1'ND?'um T-HH VIIHICL r I MOM USR U-moms'I1VR!sx- MARX tiD WMUXn RYAN m BR It THR NARRATIVE s, PR MA3 Y COLLiSOC41rAC£43R movoumpammmo E: LIST NUMDKR 9!or PARTY AT FAULT TRAPPTC CO TIROL DIIVICRB TYPt C vxuK A COLLISION A VcSEC"TIONVmLATW. MID A cgPifRCiumoc#KHHWRM1 A PA�CAXNBTT WKY. A STOPPED 1 21802 { } YES s cXsi m0li NOT na c'rx"o• s PASS81401ICAR AV/TRAILB1 � � B Pstc�ssDla�sTRAI�►Ts ! B OTHER IMPROPER�• C CONTROLS OSSCUJRRD c MOTORCYCLs JSCG4 R X C PA14 OFF 9000 C OTHIIR itiANDRIVBR• D NO C BHfANA4'm D PPCKUPOR PANRLTRUCKC D MAKING RIGHT TURN ?' D UNKNOWN* TYPE or R M CKUPMANEL TRK.Wf TLE. E MAKIRJ LEPT TURN j S PELL ASLEEP' A HSA i F`TIUIX OR TRUCK TRACTOR F MAKING U TURN � "I TO S B sICf65V es 0 TRK.JTAK.TRACTOR W Al& O BACKING A CLEAR c REAR OM N SCHOOL BUS H SLOWING/SSG 4 B CLOUDY X D BROADsms' I �^ I PASSING OTHER VSHICLII C RAM10 E HTT OBJEC T J BI+I VEHICLE 1 Clt&NOINI3 LANES D SHOWING P OVERSURNSD K'HWY.C9FC43'.st wwr K PARKING MANEUVER $ POO 1 Y15I8LLTCY: O VEHICLE J PEDESTRIAN L BICYCLJI L ENTLAIN0 TRAFFIC P S7i'r"al: H CT:M*: M OTHER VI ICLII M OTHER UNSAFETIS O WIND M VEFS 9ma.1.14MMM M N PEDESTRIAN N XING INTO OPPOSING LANE LIGTiNG A IONACOLLISIOII O RCGP _••- O PARKED A DAYLIGHT B PEDESTRIAN P MERGING } !?1'ITKR TSD PAC`T01t B DUSK-DAWN X c CYTHgRMOT t VsIICLis 1. 2 3 1"2 Q CRAVELINO WRONG WAY C DARE-STREET T LIGHTS D MOM V6H ON OTHER ROADWAY A VC KC'MN VIOLATION:CITE R OTHER': D DARK-NO STREET LIGHT'S It PARKBi'3 MOTOR VEHICLZ _ E DARK-STREIft LIOHfIS P1#N I19N P TRAIN B Vc SECTION VIOLATM C:TTE ROADWAYSMea O BICYCLEPHYSICAL 8oB I1Ci t A DORY H ANIMAL: c vcswrmVIOtATm*.eTTE '1 2 3 gM ITO2 Mllx B WaT _ X 22350 NO X .X A HAo NOT BP.BN DEIN tm C SNOWY-ICY I PIaCmOwscr. $VPs. : BTIEDUNDER INPLUENCE D SI JFPRstY UDDY OI Y sTC. P INATTRHT ow C HBO-NOT UNDER INFLtMW9 1 mtOBIR4`' 0 vmp&GO TAAMC D HOD-IMPAIRMENT Mr.* ROADWA1t CCINT3F'TtQNB A, AIMK� I I92 r S ACTIONS In IiI+ITBRIFK l IJIAVIN RAMP s UNDER DRUG WLUEN - A HOLES,>DSEPRUTs` X A NO PEDESTRIAN INVOLVED It PstmoIscmu'm P IMPAIRMENT-PHIYS[CAL" .� s.LOOSE MATERIAL ON-RDWY' B CROSsmut"ALKANTBOSOCTON 11 UNPAMnjAR WITH ROAD 10 IMPAIRMENT NOT KNOWN ! •- C OBAmucPdom ON ROADWAY* C ICROSSINGINIXWALK NOT AT DHI�BCPIVB VBH.BOW_-C fM H wr APPLICABLE D CONSTRUCTICIN-REPAIR IONS t SLEEPY t FATIOIIED "' E kEDUCED ROADWAY WIDTH D CROSSING NOT RR CROSSWALK L UNINVOLVED VEHICLE ATION A P PLOODED' B IN ROAD.=Lum am"" M OTHER, A HAZARDOUS MATERIAL O OTH*:: P NOT IN ROAD X X N"ONE APPARENT III SEATBELT FAILURE .., H NO UNUSUALCC3NDTCfONS O VINTJSCIOL 8 D RUNAWAY SKETCH ray [C 4"�......--....-. ...--,r. I L OF CALIFORNIA DATEOPCOLLMIM lAORNcic NUMBER: op r s 7 �` 21 4 732t? _-3c►FFIcsR I.D. NUMDER 932(3 007860 #7-296 WIrX= PAS�$NOER ADB $EX �OF D�Vt�S XON ONLY ONLY FATAL SEVERE OT Yt t i 4NINJURYL4 iPLAINT I'ARTY SBA? INJURY EQU EC3ED; OF PAIN DRIVER PASS. PED. BIKE t7THBR NUMBER POS. X 34 M 3 3 B 0 NAMIUMO.S.IADORESS M 1 CHAEL FRANK LEGO 10-17-63 TOLEI"HONE H-5 LYCHEE CT. , SAN RAMON, CA, � s (925) 833-8959 {INJURED ONLY)TRAWORTED BY. TAKEN TO DESCRIBE INJURIES. VIOLENTCRIMENt7C3F#ED `r, 1 21 M NAMF1DiO.B.IADDRI�4S EDWARD JOHN' MC(;UpN 09-19-76 TEL r H-�211 HICKORY CT. , BRENTWOOD, CA, 94523 (925) 634-7143 ( I (INJURED ONLY)TSPORTED BY. TAKEN TO.. DESCRIBE muRJES. OF VIOLENT N7TEDBT F NAMFBD.O.RJADDJRM.- TELEPHONE (INJURED ONLY)TRAMMItTBD BY. TAKEN TO: DESCRIBE INJURIES. wlCm tit+ OLENtCR4E:NOTIFIED NAMIUS O.BIAw"a TELEPHONE (IWIJRED ONLY)TRANMRTED BY. TAKEN TO. DESCRIBE INJURIES. Vti OP VJOL@NT CRIME NOTIFTBD NAMElD.(J.B.iADDRE33 TELEPHONE (INJURED ONLY)TRANSPORTED BY. TAKEN TO: DEXPIBE INJURIES. PREPARER'S NAME VICTIM OF VIOLENT tstIME NOTIFIED 7007"86 NULlBMO. DAY YR REVIEWER"$NAMEEL' `ON G MO DAY YR _ _ STATE OF CALIFORNIA PAGIZ LATE Of INMEW TIME NaC NUR amW 1.D. NUMBM_ 07/21/98 0730 9320 007860 062C87L1 1-21G € N W E S ASPHALT PARKING LOT CONCORD AVE. Oft. 0 Oft. v.1 z 12 ft.4-12 ft. PREPARER'S NAME E.U.NttMBER DATE REVIEWER'S NAME DATE G BELTON 007860 07/22/98 STATE OF CALIFORNIA DATE OF iNCW--Mhrr IhiE NCIC NUMMUK OFFICER D.D. 07/21/98 0'730 9320 007850 062C87 � 87L 1 +�+ 1 N ' W E S ASPHALT PARKING LOT CONCORD AVE. ftl s It V m z 40 +--12 f4-12 ft.--+ PREPARER'S NAME M NUMBER DATE REVIEWER'S NAME DATE 0 BELTON 007800 07/22/98 .......................... . STATE OF CAUFORMA DATE OF 04CMMNT TIME NCIC NUMBER OFFICER i.i, NUNWR 07/21/98 0734 9320 007860 062C87L 1 ++ 1 EACI a 2 3 N01MCA " M., I was dispatched to a call of a non-injury collision at 0733 hours. 1 4 responded from SIR 4(cry Seventh Street in Oakley and arrived on scene at 0746 hours. All 5 times,speeds and measurements in this investigation are approximate. Measurements were 6 taken by rollmeter,except where otherwise indicated. 7 8 SCEM At the scene of this collision, Walnut Blvd. is a northbound/southbound rural 9 roadway consisting of two lanes. The roadway is straight and level. The surface is composed 10 primarily of asphalt. Walnut Blvd. is intersected by Concord Ave. . Concord Ave. is a 11 east/west rural roadway consisting of two lanes . The roadway is straight and level . The 12 surface is composed primarily of asphalt. The intersection is signal controlled. See diagram. 13 14 PARIMS: 15 16 Part 1(Crane)was located at the scene/0746 hrs.. Party Crane was identified by a valid 17 California driver's license. Crane was placed as a party by the following items.. 18 19 -personal statements 20 -location 21 -being in possession of the vehicle's keys 22 23 F!Qrd ML Driver# 1's vehicle,was located on its wheels and was moved prior to my arrival. 24 25 P;MA.(Stoug)was located at the scene./0746 hrs.. Party Stone was identified by a valid 26 California driver's license. Stene was placed as a party by the following items; 27 28 -personal statements 29 -location 34 -being registered owner 31 -being in possession of the vehicle's keys 32 33 Mazda 323.Driver#2's vehicle,was located on its wheels as shown on the diagram. 34 35 P_arty A 3 Waif)was located at the scene/0746 hrs.. Party K.laif was identified by a valid 36 California driver's licensee. Klaf was placed as a party by the following items: 37 38 -personal statements 39 -location 40 -being registered owner PWARWS NAME I.D.NUMBER DATE REVMWEWS NAME DATE 0 BELTON 007860 07/22198 ..... 3if STATE OF CALIFORNIA DATE OF INCIDENT TIME NGIC NUMBER OFFICER I.D. NUMBER; '07/21/98 0730 9320 007860 062C87L I 1 -'being in possession of the vehicle's keys 2 3 Imm Rodeg Driver#3's vehicle,was located On its wheels as shown,on the diagram. 4 PHYSICAL EMENCE approximately 27 ft. of locked wheel skids in the n/b lane of 6 Walnut Blvd. from V-2 terminating approx. 5 ft. n/of the prolongation of the sledge of Concord 7 Ave. 8 9 10 STAT �:N'f": 11 12 Party#1 (-C e)related that traffic was backed up bumper to bumper A Walnut Blvd.a 13 vehicle made a space for him to cross the intersection and as he started to crus the intersection - 14 he didn't see'V'-2 approaching and they hit. 15 16 Party N 2(ftnt)related that she was n/b on Walnut Blvd. and traffic was all backed up A on- 17 Walnut Blvd. As she approached the intersection V-1 pulled out from between the cars and she 18 couldn't avoid it. 19 20 Party 93(Klaif)related that he was n/b to the rear of V-1 and they were only going about 45 21 mph. Trafficwas all backed up sib and when they came to the intersection of Concord Ave.'V-1 22 pulled out between traffic into the path of V-2.V-2 didn't have enough time to avoid V-1. I' 23 swerved to avoid both V-1 and V-2 and struck a tree stump on the n/side of Concord Ave. 24 25 SyftessiMcGurn3 was contacted at the scene/0810 hrs.. McGurn related that he was A on 26 Walnut Blvd.on the n/side of the intersection of Concord Ave.V-1 was on Concord Ave.on 27 the w/side of Walnut Blvd.A vehicle made a space for V-1 to enter the intersection and V-1 28 started across the intersection and was hit by V-2. 29 30 31 (MMOlYS AND CONCLUSIONS --32 33 SUMMARY: V-1 was stopped for a stop sign on Concord Ave.e/b on the w/side of Walnut 34 Blvd.There was bumper to bumper traffic in the A lane of Walnut Blvd. 35 V-2 was n/b on Walnut Blvd. approaching the intersection of Concord Ave.followed by V-3. A 36 vehicle made a space for V-1 to proceed through the intersection.V-1'started across the 37 intersection, didn't see V-2 approaching and was struck in the rif by the Ufportion of V-2. V-3 38 took evasive action by swerving to the right and struck a tree stump on the n/side of Concord 39 Aver and a/of Walnut Blvd. 40 PREPARMS NAME LIX NUMBER DATE REv1E'I MVS NAME DATE 0 BELTON 007860 07/22/98 _ y STATE OF cAuFORNw �' TA DATE of xT TM NaC NUMBER oMCER I.D. MOARER 07/21/98 0730 9329 007860 062C87LI • I AREAE IMPACT: was determined by statements and physical evidence, locked wheel 2 skids from V-2,to be in the n/b lane of Walnut Blvd. approx. 6 ft. w/cif the prolongation of the 3 edge of Walnut Blvd.and approx. S ft.n/of the prolongation of the s/curb of Concord Ave. 4 S ,' P-1 (Crane)caused this collision by being in violation of 21802(a)CVC-From a 6 stop sign, failure to yield to approaching traffic. There was an associated factor of 27364 CVC 7 -Unsafe speed on the part of P-3 (Kl P who was traveling a speed to great to safely avoid 8 striking a tree stump on the n/s de of Concord Ave. in his attempt to avoid.the collision 9 between V-1 and V-2. 10 s, y] f: 12 RECOMMENDATIONS 13 14 P-1 (Crane be cited for violation of 21802(a)CVC-From a stop sign;failure to yield to 15 approaching,traffic.. tyJ wmp'. 9 14 v PREPARWS NAM@ I.D.WJMSER DAM REVIEWER`SNAME DATE G BELTON 007860 07/22/98 PROOF OF SERVICE 2 3 RE. CAROLYN STONE 4 1, DECLARE: 5 6 1 am a citizen of the United States and am employed in the County of Contra Costa, State of California. 1 am over the age of eighteenyyears and not a patty to the above-entitled 7, action. My business address is 796 Brentwood Cd., Brentwood, California 94513. On the date below, 1 served the following documents in the manner indicated on the below-natried 8 parties and/or counsel of record: 9 CLAIM AGAINST GOVERNMENTAL ENTITY 10 by transmitting via facsimile the above listed document(s) to the fax 11 number(s):yet forth below on this date before 5:00 P.M. 12 XX— by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United Mates mail at Brentwood, 13 California addressed as set forth below. 14 _ by causingpersonal delivery by of the documens) listed above to the person(s) at thi a rens es set forth 15 below. 16 by personally deliveringc�the document(s) listed above to the person(s) at the address(es) set#orth below. 17 18 Clerk, County Counsel c/o CounBoard of Supervisors 19 651 Pineltreet, Roam 105 Martinez, CA 94553 20 Copy to: 725 Court Street 21 Martinez, CA 94553 22 1 declare under penalty of penury under the laws of the State of California that the foregoing is true and correct and that 1 am readily famillar with the firm's practice for collection 23 and processing of documents for mailing with the U.S. Postal Service. 24 DATED: December 16, 1998, at Brentwood, California. 25 26 ,, NANCY MILIWBRA,NSON 27 28 a Zo o3 dri vwt r. 10, 00 so rmat • 0 i rte004.4 ` �► i w Ao > go b 640 ( -f4lzwz jyt C i CLAIM VL t BOARD OF SUPERVISORS OF CMTRA COSTA CQ=s CALUDENTA t BQMD AM January 19,; 1999 Claim Against the County, or District Governed by ? the Board of & rvisors, Routing Endorsements, ) NOTICE TO CLAIMANT xW Board Action. All Section references are to } The copy of this document mailed to you is your California Goverment Ctrs. ) notice of the action taken on your claim by the ,5 cgZEBoard of Supervises. (Paragraph IV belowl, given pursuant to Government Code Section 913 and O E C 1 1998 915.4. Please note all "Vllarnings" AMOUNT: $25,001.00COu€ rous RT MARTINEZ CALLt. CLAIMANT: Carolyn Stone ATTORNEY: George S. Kellner, Esq. DATE RECEIVED: December 18, 1998 Siino & Kellner ADDRESS: 7960 Brentwood Boulevard BY DELIVERY TO CLERIC ON: December 18, 1998 Brentwood, CA 94513 BY MAIL POSTMARKED: December 17, 1998 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BA' HELOR, Clerk Dated: December 21, 1998 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: /+�- +�'" By: �Deputy County Counsel ILL FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant {Secti.)n 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: . 7, (7t f PHIL BATCHELOR, Clerk, By V ./ , Deputy Clerk WARNING (Gov. code sectio 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 Gov ment Code Section 945.6. You may seek the a:.,., ce'of an attornew o� your choice in connection with this matter, D you want to consult an attorney, you should do s in• x . srs *For Additional Vv`arning See Reverse Std,,, c f This Notice '%,11' OF MSG 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 fully prepaid a certified copy of this Beard Order and Notice to Claimant, addressed to the claimant as shown above. Dated: I By: PHIL BATCHELOR By -Deputy Clerk : County Counsel County Administrator Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: 335-1800 Martinez, CA 94553 Fa 646-1078 s Date: December 28, 1958 D F To: Anne Cervelli, Clerk of the Board From: Victor J. Westman, County Counsel by: Gregory C. Harvey, Assistant County Counsel Subj: Claim of Carolyn Stone Attached for your processing is a claim erroneously sent to this office. Please handle this claim in your normal manner. H:\GROUPSITORTICASESIFORMSUEMO\MEM-STNO.WPD 50' *What are the names of county or district offioers, servants or employees causing the doge or injury? ZACHARY T AY'LER C # b+s5 fc� 1 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Personal in3uries to Carolyn Stone. Property damage resolved by her Insurance Wirier. F`tzl.l extent of injury is uknown at this time. Too soca to tell.1 General and special 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or 'damage.) See answer to 6. 8. Names and addresses of'witnesses, doctors and hospitals. See police report attached hereto, 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT See answer to 6. Gov. Code Seo. 910.2 providesa 'The claim must be si by the claimant SEND NOTICES ' Wtorne ) orson on behalf.n ame ER Address of Attorney merge S. Kellner, Esq,. i Siino 6 Kellner (Claimant'sSignature) George S. Kellner 7960 Brentwood Boulevard Attorney for Clamant Brentwood, CA, 94513 13 (Address) Telephone.No. Telephone No. (925)513-0111 �t �tr * �ta �ta �taV V V V V WV I I V I I Vas N0TICL Section 72 of the Penal. Cade provides: "Every person who, with intent to defraud, presents for allowance or for payment,to any ptate-board or. officer, or to any county, city or district board or officer, authorized to allot or' pay the same if gen ine,' any false or fraudulent - claim, bill., aocount,, vow her, or writing, is puiishable either by imprisonment in the county wail for a period of not more than tate year, by a fire 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 ($10,004, or by both such imprisonment and fine. CIaim of Carolyn Stone against Contra Costa County, 12/16/98 damages ars within the jurisdiction of the Superior Court. Medical Special Damages total approximately: $ 9,893.75 Kaye Chiropractic 70.00Kaiser(Estimate) 800.00 Wage Lass (Estimate) General damages to be determined. 5 TATE OF CAL PORNIA VOILLOWN JUL I! 'IR'e1 C ' T1.1108pB OT L7 Q " SPECIAL CONdiT1ONS " NO INi HER PE UtNCiAL tSTRt#~T NUMBER 0 H UNINCORPORATED DELTA NOK" HRR MSI Caw" DISI BEAT #7-296 0 CONTRA : TA 0 C*stars: 062g= COLUMN OCCIRRSO 0N: MO DAY YEAR 7IMST240 MCI tIBPim LD 0WALN[1"T` BLVD. 07121198 0730 9320 007860 A MILEPOST WORMATIONt DAY or WEEK 'TOW AWAY PHOTOGRAPHS SY: 1 O TUESDAY PqyBs ND N 14 AT r TTSIISSCTION WTTIi: STATE HWYAEL oR: CONCORD AVE. it lym 14 ND I NONE PARTY DRIYBR S ucamH NUMBER STATS CLASS SAl*M VIM YR MA>rmoosL*Xm $NUM88R>s STAn 1 A1721234 CA C B 91 FORD P/U.WHITE E2?5099. CA . . , . . . . . . . . . . .:. . . . . . . ten. DRIVER XkM50gRST•MIDDLE•LAM y� .` 19 ZACRAR Z TS'iA �f.tFiR CRANE - .i �.,.•,c as. .: ....:.. ... P8DB8 STREET ADORSSS OWNwrS NAME 823 SHADY GLEN C014TRA COSTA CC � v �.. Y PARKED Cn'7flSfTA7'6fltk' OWNS"ADORM EAMn AS ORIVSR MARTINEZ CA: 94553 1801 SHELL AVE, MARTINEZ, CA 94553 ulcy- sPx HAIR EYES HSIOffi WSIC3FR BEtTHOATB RACE WPOOPVEE=XONOW=Op: OFFICER Iq DRIVER [j R M BLN CLrlBLU 5-09 185 04112:172 PARKED a rHBR HOME 1sHMERt 3 P yNONB. PRIOR MRtSLA1�BI"AL OSPWM NONE APPARENT REPER TO NARRATM (9 2 5) 370-2454 { ) NONE CHPUMMLY t DBSC9t>ftE VEHICLEDAMAOE SHADE IN DAMAGED ARBA INSURANCE CARRIER POLY tmhmu VSHICUITM []Lilac []NONE [J MINOR SELF INSURED 22 11414011.1,1MAJOR TOTAL 10. DIR TRV ON SMEST OR HIGHWAY Litt` PCP . .. . 1.. E CON22AR=& 55 21802 a PARTY DRIVER'S Lmm NUMBSIt. . : STATE CLAS$ SAPEi Y YSEI YR MAICEtMODBLlCOLt3R L=14311 WM88R STAT 2 A9916477 CA C B 94, MAZDA,323 WHITE 3CRA079 CP DRIVER NAIiL8Q9RSt.RIfDDL&LAY'! ._ .._ 19 CAROLYN ANN STONE PBDSS• STREAM ADDRESS OWNBWS NAME fq SAME AS DWER 1275 CENTRAL BLVD. AFT. 163 PARKED CTTYJSnkmvP OWNER'SADDRESS JQ SAME AS DRWSR vff' BRENTWOOD CA 94513 My. SIX HAIk aYBs IE3iGH7 w�afTl sIRTHDATB RACE Dow OF VEHICLE ON ORDERS Op: [�OFFICER IQ 1 Ema []orHo 'M IF 1.BLN'' BRX 5-05 1.120 Q1102144 AAA TAW. anin HOME PHONE BUSMM PHONE PRIOR JdMMNrAL DBPfiCM' NOW APPARENT Ig WU TO NARRATIVE (9 2'5) 513-2491 (8 0 0) 621-0140 , M DESCRIBE VlHXLE DAMAGE SHADS IN DAMAGED AREA INSURANCE CARAIBR POLICY NUMBER [J#INK []KIONS []MINOR ALLSTATE 0 67 735830 08Z25 01 MOD. 1 T07AL ...._ m TRv ON gnaw OR HIGHWAY E4�r pa �» N W $LVD. :» PAI fY mm-suceimsommm STATE CLASS SAIWY VIM YR MAKWODELICOLOR LICENSE Num B;; STAT 3 IN9961728 CA C B 98 I SUZU RODEO REFS 3 XDN&9 6 Cz DRIVER KAM8($IRS.UlDDLB,LASI) • . IQ STEVEN ROY KLAIF MBS- MOM ADDRESS OWNBR`SNAMS ' SAME AS'DRPM 2338 KCKINLEY AVE. PARKED CTTYIS'TATBY[JT OWNER'S ADORESS SAME AS DB[VBA VENICE CA 90291 IHCY- SEX I HC11AIREYES HBNIfLf WEIO6E4 BIRTHDATE RAGS UI3 op VEHmLB ONORDERS OP [ OPPICEtt [3RiV8R J03iiER M HAI+ BRN 5-C19 14 0 05122154 DRI�IEN OTHER HOME PHONE SUSSmMSPHONE PRR7R i{ECHAN4IGtL DEFECTS: NONE APPARENT REFER TO NARRATIVE (3 10) 821-2119 (3 2 3) 980-7759 CHP USE Y DESCRIBE VEHICLE DAMAGE SHADS IN DAMAOED AREA VmaCLBTm tNSURANCB CARRIER POLICY NUMIMM [JUNK (I)NONE j MINOR ACORD IS161I 01 IM00,f I MAJOR TOTAL :: D1R TRVf ON STREET OR HKSHwAY LMT PCp N I WALNUT,;BLVD 45 FIBWSI T'S NAME ZATCH FRai IZw ED '$ r ELTt3 I G 00786'0 Y Ivo NIA •Zr�• ,JTAT8 OF CALIFORNI► ENG malt Or ,. DAIN GP WIN ALVIODBNT lnm~ NCIC itwomt prrm 117, NUMSER . 07. - 21 - 98 0730 1 9320 1 007860 1#7-296 OWNERS NAMWAVORESS NKitiTPIED MOPCRTY DESCRIPTION Of DAMAGE DAMAGE SEATING P S 1 ON 5 ETY EQ IPMENT EJ�ED FROM VE;H OCCUPANTS M!C BICYCLE•HELMET t•DRFVRR A-NCR18!N VEHICLE L-AIR RAO DEPLOYED R•NOT EJECTED <: t u+6-PASSENC B-UNKNOWN M•AIR RAG NOT DEPLOY8D DRIVER I-PULLY BIBC'm 7-STA.WON R C.LAP If[8LT IISErI N-OCNER V.NO I PARTIALLY BIEC•C8D x. 12 3 i•RR. .TRK OR YAN D-LAP BELTsor USED P-Nor RsgtuBD W-YES 3:•UNKNOWN ; 9-POSTCK]9I UNKNOWN E.*WULDIIRHARN6SY USED 4$d 0.OTIdBtt F-3NtOI8.DER HARK N17T U1IRI CHILD RESTRAINT PASSENGER O-LAPASIiCIUGDER HARNESS US>iD �}-IN D X<-NG 7 H•LAPtStiOI3IDER I#ARNEDt NOr USED tF-IN NOT UND Y.YES' # /-PASStVB Rrrs'#RAttll USS+ S-IN U3>6 U X+PASSIVER r7V CNOTU D T_{N DIFROP on U-NCiNEI ISIV� lmrmWa MAA MLIM 8Y AMN MSfOULDWg!=L=INTfM PRIMAxy COLUMON FACTOR adWritt IN9rkI DING LIST NUM>II6R(0 OF PARTY AT FAULT TRAFFIC CONTROL Ds"Com, 112 31 Tm orvtw= � 3 COTS SOON A VCSOCTIONVUATM. CITED A CONTROLS FUNCtIONING A PASSENGER CAR&M WON. A tro"ED 1 21802 a) YES a cwmoo NOrKINCTII mm- s LAX8814MCARW t t*AA UX x B ING STRAIGHT B OTHER IMPROPER,DRIVING* C CONTawassCFI,8D C MOTORCYCIBtSCOOTER C RAN OFF ROAD C OTHER THAN virm* D NO i�'CRpLS PR tF R D PICKUP OR PAN9LTRUCK D fef+17CIN0 iIIONT TURAS � D UNKNOWN* Tymorgm IMAKING LEFT TURN g A is IF TRUCK OR TRUCK TRACTOR P MAKING U TURN WICAT it 2 TOl a SIDESWIPE O TRKJTRXC TRACTOR W MICR. G BAC KING A CIS AR C REam H Si HOOL BUS K SLOWING t;CCOPF�R3 to I� a CLOUDY x D BROADSIDE I " R$U8 I PASSING OTHER VM=Zt C RASA m 8 HM'C w-wr t SMl%IBNCY VEHICLE I CHAMING LAM FOSxfRND KiWY.CFT. K PARKING SNOWING MMANEUVER B FCKI t VtSiBu=, O VEHK�.B#PEDEJrRIAN ILL.9mcu L VaRI BVO'IRAFFIC F tt llgtr OfHBR- m V M OtTIBRUNSAFSTURNIlNtI O WIND mom tK. N DHSTRIAN NI XING INTO�OPPCISINGLANE � I-k G A NON,COLUUM O M 0 PARKED A DAYLIGHT B PBDBSCRiAN P MESDING a DMC DAWN COTHER MOTOR VEHICLE 1 2 3 D4S ' QTRAM_ O WRONG WAY C DARK-STRBSTLIGHT,S D MOTOR VSHONOTHER RAAMAY A'VC:SECTKINVIOLATION-CTE R OrHft*: D DARK-NO STREET Uitt3M E PARKRD MOTOR VEHICLE i E DARK- LIGKTS NOT PUNCfiION IF Tum 8 VC SECTION VIOLAT110M CITE' i ROADWAY StiRFA4St G RICYEL$ SOB A MY H ANIMAL: c vc swrlom VIOLATtm Crm : 2 3 ggglTogme 5 vmr X 22350 No X xJxA#AEt NOT aE131d DRlfitl�IG C SHOWY-ICY I FWD L>$IECr: E VPIOBSCURED:-•-,•~• B HOD-UNDER INFLUMOCK D SL pml Y(My M f INATTENTir w C HOD-NOT UNDER MLUENCS 1 opilORIECC: G VOP#00TRAM D HRH}.IMPAtRAIENrUMC.* ROADWAY CONDI1iCiN1R MCt TYt ImePBDESTRtAN'd H VnBRM rLEAVINO RAMP s UNDER DRINFLUENCE;* A HOLES.DEEP RUTS* X A NO PEDESTRIAN uivot via I PREVIOUS COLUSION P IMPAIRMENT-PHYSICAL* B Loo MATERIAL ON RVWY* a�DI3CiN !UNFAMILIAR WITH ROAD O iMRAIRMENC NOT KNowm D �REP.A3ft A7DNB C &rte NOT AT K DEFBCITVS VIR EQUIP.:am K NOM'APPUCASLB !N'riIRSBC'CiON E REDUCED ROADWAY WIDTH D CROSSING NOT IN CROSSWALK L tmwoLvlwvwucLs8E RCtAL "" ...r.o A P PLODDED* B WROAD-INCLt USHOUWER M il'nm--I: A HAZARDOUSMATERIAL G mall F NOT INROAD fx X N NONE APPxe;REm H SEATBELT FAILURS, H NO MMj6&COaMW G YING R O,R WAY t S1Cfi1'CH = ....,..." Po/so . ,tTE OP CAE.sFORNtA DATE OF COMMON` 4 PAM 07 - NUMBER. 0730 9320 007860 ##7-296 W)TNESS PASS II)t AGE s$x T C7P tNYURY 'X" C►At INJURE 3 VAS1. ONLY ONLY FATAL09 fF$!t PARTY SEAT MMY ESU$UkY INJURY CO►tPLAtNT OF NUMBER FOS. ECTED' PAIN DIMR PASS. PED. BtKB X 34 M NAMEJD.O.BJADDRBU 0 MICHAEL FRANK LEGO 10-17-63 T$LBPHON$ II-5 LYCHEE CT. , SAN RAMON, CA, (925) 833-8959 (INJURED ONLY)T[#ANSPOB-M BY: TAKEN TO: DESCRIB$iNiURTES: t 1 M t)FVK)LENT NOTiP)ED 1 EDWARD) JOHN MCGURN 09-1.9-76 TELEPHONE H-211 HICKORY CT. , BRENTWOOD, CA, 94513 (925) 634-7143 (INJURED ONLY)TRANSPORTED BY: DESCRIBE INJiI s& �+iCIJM FViOLBNTCRtM NSD NAM Q.O.B.aDoRESB. 72LU HOM (JN)URED ONLY)TRANSPMTEDBY: TAM TO: DESCRIBE iMURISS: '�H:Clod OF VKJLENT CRJLt$NOTJFlED NAMER>O.LIADDRE55 TELEPHONE (INJURED ONLY)TRANSFORT$D BY: TAKEN TO: DESCRaE ooux .. VICTIM OF VIOLENT CRJM$AIOPtPtED =177t NAMB OADJADORRU TELEPHONE (iNJUIR$D ONLY)TRANSPOtt t ED BY: TAKEN TO: DESCRIBE INJURIES: PREPARER'S NAME I.D NUMBER MO. DAY YR. kJIYJSWSR'S NAi�ft3 VIC3IlA OF VIOLENT CRJi#B NO i(PIED ELT{ N G 786Q q7— MO. DAY YR. .... _ ..... ..... .:::. y . STATE OF CALIF®RtVU1 DATE OF 04MEW TIME1k1CtC IdUM81 R ��t D - PAQF NUMRJM 07121/98 0730 9320 0078+60 t r WE ASPHALT PARKING?LOT CONCORD AVE. 9 fL CL 0 9 ft V-1 Cli m z 40S �-12ft.4-12t� PREPAREWS NAME I.D.M11+Ba DATE 0 BELTON 'S DA'Z'E OOfi860 07122!98 STATE OF CAUFOINU1MAISIBATIVEISUEPLI PAQF 2F S BATE OF Dom!' TIMI; N=Nli UMBEitLa NUMBER :. 07/21!98 0730 9320 007860 062C87L 1 +" N S k- ASPHALT � PARKING LOT CONCORD AVE. s fL Adak m 12 ft-4-12 ft.- r PREPARER'S NAME W.NUMBER DATE REVIEWER'S NAME DATE G BELTON 007860 07/22198 STATE 60 CALWORNIA ' DATE OF I2 MEW MMM NCIC NUMBER oFFiCER I.D. NUMBER 07/21/98 0730 9320 007860 O62C87L1 +► I FACTS: 2 3 NOTIFICATIONi I was dispatched to a call of a non-injury collision at 0733 hours. I 4 responded from S/R 4 @ Seventh Street in Oakley and arrived on scene at 0745 hours. All 5 times,speeds and measurements in this investigation are approximate. Measurements were 6 taken by rollmeter,except where otherwise indicated. 7 8 SCENE: At the scene of this collision, Walnut Blvd.is a northbound/southbound'rural 9 roadway consistingof two lanes. The roadway is straight and level. Ile surface is composed 10 primarily of asphalt. Walnut Blvd. is intersected by Concord Ave. . Concord Ave. is a 11 east/west rural roadway consisting of lanes . The roadway is straight and level . The 12 surface is composed primarily of asphalt. The intersection is signal controlled. See diagram. 13 14 PARTEES: 15 16 PaM 9 1(Crane)was located at the scene/0746 hrs.. Party Crane was identified by a valid 17 California driver's license. Crane was placed as a party by the following items:. 18 19 -personal statements 20 -location 21 -being in possession of the vehicle's keys 22 23 Ford,k,driver# 1's vehicle,was located on its wheels and was moved prior to my arrival. 24 25 PiLa#2(Stone)was located at the scene/0746 hrs.. Party Stone was identified by a valid 26 California driver's'license. Stone was planed as a party by the following items: 27 28 -personale statements 29 -location 30 -being registered'owner 31 -being in possession of the vehicle's keys 32 33 Mazda 323, Driver#2's vehicle,was located on its wheels as shown on the diagram. 34 35 FAY.#3 JK aifl was located at the scene/0746 hrs:. Party Kla f was identified by a valid 36 California driver's license. Klaif was placed as a party by the following items: 37 38 -personal'statements 39 -location 40 -being registered owner PREPARER'SNAME I.D.NU14WER DATE REVIE'WER'S NAME DATE 0`x BELT ON 007864. 017122/98 .......... ... STATE OF CALIFORKA ` DATE OF INCIDENT TIME NCtC NUMBS t OFFICERLD. NUMBER 07/21/98 0730 9320 007860 062C87LI +" i -being in possession of the vehicle's keys 2 3 l zu Hadep,Driver#3's vehicle,was located on its wheels as shown on the diagram. 4 5 PHYSICAL EM&M,, approximately 27 ft.of locked wheel skids in the n/b lane of 6 Walnut Blvd.from V-2 terminating approx. 5 ft. n/of the prolongation of the s/edge of Concord 7 Ave. 8 9 10 II 12 per.#I (Cr ane related that traffic was backed up bumper to bwnper s/b Walnut Blvd.a 13 vehicle made a space for him to cross the intersection and as he started to cross the intersection 14 he didn't see V-2 approaching and they hid 15 16 PajU#.'2( ton related that she was n/b on Walnut-Blvd.and traffic was all backed.up s/b on- 17 Walnut Blvd.As she approached the intersection V-1 pulled out from between the cars and she 18 couldn't avoid it. 19 20 PaM N 3 Wal related that he was n/b to the rear of V-1 and they were onlygoing about 45 21 mph. Trac was all backed up A and when they came to the intersection of Concord Ave. V-1 22 pulled out between traffic into the path of V-2.V-2 didn't have enough time to avoid'V-1.I'' 23 swerved to avoid both V-1 and V-2 and struck a tree stamp on the n/side of Concord Ave. 24 25 W tms Gurn) was contacted at the scene/0810 hrs.. McGurn related that he was s/b on 26 Walnut Blvd. on the n/side of the intersection of Concord Ave. V-1 was on Concord Ave. on 27 the vw/side of Walnut Blvd.A vehicle made a space for V-1 to enter the intersection and V-1 28 started across the intersection and was hit by V-2. 29 30 31 OPM12NS AND CONCLUSIONS 32 33 SUMMARY: V-I was stopped for a Stop sign on Concord Ave.e/b on the w/side of Walnut 34 Blvd.There was bumper to bumper traffic in the A lane of Walnut Blvd. 35 V-2 was n/b on Walnut Blvd.approaching the intersection of Concord Ave. followed by V-3.A 36 vehicle made'a space for V-1 to proceed through the intersection.V-1 started across the 37 intersection,didn't see V-2 approaching and was struck in the r/f by the l/f portion of V-2. V-3 3$ took evasive'action by swerving to the right and struck a tree stump on the n/side of Concord 39 Ave.and e/of Walnut Blvd. 40 PREPARMS NAME IANUMBER DATE REMWWS NAME DATE 0 BELTON 007860 07122/98 iTATEOFCALWORNA ,.:. DATEOFVMW&f MME NCIC NUMBER # FFfC 1t T.I3. 07/21/98 0730 9320NU 007860 ER Q62C81L1 M'' 1 '- ,+Q '- was determined by statements and physical evidence, locked wheel skids from V-2,to be in the nfb lane of Walnut Blvd. approx. b fL w/ofthe prolongation of the 3 edge of Walnut Blvd. and approx. 5 ft.n/of the prolongation of the s/curb of Concord Ave. 4 'JS '' P-1 (Crane)caused this collision by being in violation of 21802(a)CVC -From a stop sign, failure to yield to approaching traffitc. 'There was an associated factor of 22350 CVC' 7 •Unsafe speed on the part of P-3 (Klaif)who was traveling a speed to great to safely avoid 8 striking a tree stump on the n/side of Concord Ave. in his attempt to avoid the collision 9 between V-I and V-2. 10 12 OADUNDATIONS 1i 13 14 P-1 (Crane be cited for violation of 21902(a)CVC-From a stop sign;failure to yield to 15 approaching traffic.. F AVE. _091 PREPARER'S NAME I.D.NUMBER DA'Ttr REVIEWER's NAME BATE G BELTON 007860 07/2'2/98 nurrrr i n PROOF OF SERVICE 2 3 RE: CAROiYN STONE 4 1, DECLARE: 5 6 1 am a citizen of the United States and am employed in the County of Contra Costa, Mate of California lrrr overth c# � roln rs end n �to the above-entitled 7 ac +i. W business addressis 1 �n od rI„ Bren ` , California 94513. On the date) below, l aervd the-following documents in the manner'indicated on the below-named 8 parties and/or counsel of record. 9 CLAI AOAINST GOVERNMENTAL ENTITY 10 by transndttfng via facsimile the above listed document(s);to the fax 11 number(s) set forth below on`this date before 5:00 P.M. 12 XX— by placing the document(s. listed above in a sealed envelope with postage thereon flab prep d, In the United States mail at Brentwood, 13 California addre as set forth below. 14 by,causin ersoral delivery by of the document s}p listed above to the persons at e a teas es set forth 15 below. 16 bsonally delivering tha document(s)lisp above to the person(s) of a address(es)set forth below, 17 19 Clerk, County Counsel do Corr Board of Supervisors 19 651 Pine Street, Roam 106 Martinez, CA 94553 24 Copy to 725 Court Street 21. Martinez, CA 94553 22 l declare under penalty of penury,under the laws of the State of California that the foregoing is trine and correct and that l am readily farnillar with the firrrrs practice for collection 23 an processing of documents for mailing with the U.S. Postal Service. 24 DATED: December 16, 1998, at Brentwood, California. 25 26 NANCY MILINAaRANSON 27 28 zo it (. i ► 1.0 rrl so ( ,.� � f� ~ . � W M 00 C2 cz ID 0 � h o L 0 Cl00 # 00 r .Y ./ .'._,s 'Vers .�,y 4a .✓ _+/ � y CO` ` it CLAIM BOARD OF SUPFRVISOM OF CONTRA COSTA CO 1NTYs^!CAI_IFt ENIA BOMB AM_Cult January 19, 1999 Maim 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 ruled to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below}, given X " pursuant to Government Code Section 913 and RID 915.4. Please note all "Warnings". AMOUNT: $1,500.00 DEC 2 1 1998 EL CLAIMANT: Valley Slurry Seal Co.MART NEZ CAL F ATTORNEY: DATE RECEIVED: December 18, 1998 ADDRESS: P. 0. Box 1620 BY DELIVERY TO CLERK ON: _ December 18, 1998 West Sacramento, CA 95691 BY ,MALL POSTMARKED: Unreadable L FRO1tL• Clerk of the Board of Supervisors TO. County Counsel Attached is a copy of the above-noted claim. PHIL BAT�I� LOR, Clerk Dated:.-- December 21, 1998 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supervisors ( �7his 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: of r' Deputy County Counsel � v III. FROM: Clerk of the Board M. County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of the Supervisors present: ( This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:—* PHIL BATCHELOR, Clerk, By ,�-- , Deputy Clerk WARNING (Gov. code sectio 913) Subject to certain exceptions, you have only six (6) months from the date this notice was';personally served or deposited in the -:T ? '�'.:: a court action on this claim. See Government Code x _ .,ton 945.6. You may seek the advice of an att3. choice in connection with this matter. If you want to c: 1—i;ult an attorney, you should do so -For Additional Warnin.9 See Reverse Side of This Notice. ._ ... w A MAV1T OF XkUING 1 declare under penalty of perjury that I are now. and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited it the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board On -r and Notice to Claimant, addressed to the claimant as shown above. Dated: 1�_ By: PHIL BATCHELOR By � ��J' , r Deputy Clerk CC: qty Coutasel County Administrator ............................................................ Thursday, December 17, 1998 Rich Bruno Contra Costa County Public Works Department Construction Division 255 Glacier Drive REE Martinez, CA. 94553 + 01 y Re: 1998 Pavement Microsurfacing Project No. 0672-6U2173a-� Dear Rich: Valley Slurry Seal Co. has reviewed the final estimate for the above referenced project and hereby takes exception to the 3 days of liquidated damages that have been assessed unjustly. Valley Slurry Seal Co. hereby submits Notice of Potential Claim#1 for$1,500.00 which was solely caused by Contra Costa County. Per our letter dated October 1, 1998 Contra Costa County set the pre-construction meeting for August 13, 1998. Per the Contract Documents the pre-construction meeting was to be held within 10 days of contract award. This meant the pre- construction should have been held no later than August 7, 1998. This delay alone caused a 6 day delay in the start of work. Valley Slurry Seal's letter dated October 29, 1998 goes on to state that the delay of the pre-construction meeting only allowed Valley Slurry Seal Co. 1 working day to prepare and start the work on August 17, 1998. If the pre-construction meeting would have been held within the time limits specified Valley Slurry Seal Co. would have had 10 days to prepare and start work on the first working day, instead the work was started one week later. Also another issue that has not been considered to date is Contract Change Order#1 that was agreed to verbally on August 27, 1998. Contract Change Order modified the entire contract. The project was originally mirco-surfacing and at the last minute it was changed to a latex modified slurry seal. This change was solely caused by Contra Costa County, but again the working days between August 17, 1998 and August 28, 1998 were still counted. All days within this period should not be counted. Valley Slurry Seal Co. again has no idea which days have been counted versus which days have not been counted as working days, since we have yet to receive a single statement of working days, as required by the specifications, for these project. R. 0. BOX 1620•WEST SACRAMENTO, CA 95881 • PHONE(816)373-1500 FAX NO.(918)37'3-1438•CONTRACTOR'S LICENSE NO. 293727A PXiVEMEnT mi RinTEntgncE SPtEClRLISTS Valley Slurry Seal Co. hereby demands that all liquidated damages be waived on the above referenced project. Valley Slurry Seal Co. hereby submits our Notice of Potential Claim for liquidated damages in the of$1,500.00 for the above referenced project. Valley Slurry Seal Co. also request a meeting be held to resolve this issue. If you have any questions please feel free to call. Sincerely, Alan S. Berger Vice President cc: Board of Supervisors District Attorney COPThursday: October 29, 1998y a" �r.vl Joseph P. Murphy MEN Contra Costa County 255 Glacier Drive Martinez, CA. 94533-2333 Re: 1958 Pavement Microsurfacing Project Project No. 0672-6U2173 Dear Joseph: Valley Slurry Seal Co. received your letter, dated October 22, 1998, today with regards to liquidated damages on the above referenced project and hereby take exception to the damages caused solely by Contra Costa County. Per the specifications "The pre-construction conference shall be held within 10 days of contract award." Bill Nuggent of Contra Costa County called our office on Tuesday, August 11, 1998 and wanted the pre-construction meeting set for Thursday, August 13, 1998. Valley Slurry Seal told Bill that this was short notice and didn't think we could make it. i asked Bill if it could be held Monday instead and Bill replied no, it has to be Thursday. This meeting was not mutually agreed to at all. The meeting that was held on August 13, 1998 allowed Valley Slurry Seal Co. one working day to prepare and start work on August 17, 1998. There would be no possible way, with other time constraints within the specifications, that work could have started on the 17th, if the pre-construction meeting would have been held within the 10 days as specified it would have allowed Valley Slurry Seal Co. 10 additional days to prepare and start work on time. Valley Slurry Seal Co. does not understand how it is being held liable for liquidated damages for delays caused by Contra Costa County not following its own specifications. Valley Slurry Seal Co. will not except any liquidated damages on this project that were solely caused by Contra Costa County. Sincerely, Alan S. Berger Vice President P. O. BOX 1620 •WEST SACRAMENTO. CA 95691 + PHONE(916)373-1500 FAX NO.(996)373-1438 + CONTRACTOR'S LICENSE NO. 293727A PRvEmEnT MRIn'TEnR cE Ep►ECtRL. STS .. .. »» _ _ Thursday, October`01, 1998 f , Frank Navarro Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA. 94553-4825 Re: 1998 Pavement Microsurfacing Project Project#4672-6U2173-98 Dear Frank: Per our conversation the other day Contra Costa County explained to Valley Slurry Seal Co. that it was on liquidated damages for the above referenced project unless we could justify additional working days. Valley Slung Seal Co. has reviewed the contract documents and offer the following as justification for an extention 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 10 days of contract award. This would mean the pre-construction conference should have been heldno 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. substanially completed all work on the above referenced project on September 2, 1998 at which time we were asked to do some extra work on Arthur Rd, although the contract change order was for 1 day, it should be revised to 2. This is due to the 1 day that took place between the completion of the contract work and the completion of the additional work. (1 Day) P. 0. BOX 1620 +WEST SACRAMENTO,CA 95691 • PHONE(516)373-1500 FAX NO. (916) 373-1438 •CONTRACTOR'S LICENSE NO. 293727A PRVEmEnT mRinTEn#qncr= specuqusTs .....................................................................................- .............................. 5. Contra Costa County than issued a punch list on September 10, 1998 which delayed the work an additional 3 days plus Labor Day should be counted as a non-working day. (4 Days) Taking ail the above into consideration Valley Slurry Sea[ herby request an additional 15 working days for time that was controlled by the County, not Valley Slurry Seal. With these days in mind the completion date for the work would be October 2, 1998. All work was completed on September 24, 1998 which is well within the time allotted. if you have any questions please feel free to call. Sincerely, ,,.Slnc'er'e'y, Alan S. Berger Vice President w �. t7l ° °z0 cn z � v cALOz c � aC4r1r) p 0 tin r > u �„ coo rr� y r d r1i En o m u00 00 y ' v o rA n kA kA �; n z � © 10 4 � X P oao Z 0 CA ow y. IDS d © rte" � ~ GG+ fit Li > as 00 7> r3 © a. to I o aCX a 0 Cl i rn C � o ox o d � ° -Mo o C z n a � < ' ttl � � � �~ a � z ,,, �, �, CA zd z z G w w , rA55P � HAft ° . .� GO oz o � a so � � a � � � 8 , zo o " o � i a � ° :o;y' A CA a � 0 ' ° � Co 1 Z -;>: ... .. ,:... ....:,ne.. .:£,:.... .,...-"+c� .. ,.. .... .... .,.<vf .. r. .....�. fes, �.�f. 0 r Z �p F� ......... ......... ......... ......... ......... ......... ......... ........ . .._.. ....._..................... ......... ......... ......... ._....... ......... ......... ......... ......... .............._.... _........ ........... ....... ......... �r • r. t o 1. c 0 • c : s0 FROM, VsVOLL L4 ULAXnj 208L CO. P. 0. ®QX 1820 WEST SACRAMENTO,CA 95881 4600 0 4 C TO: Clerk, Board of Supervisors fiCont` + ta Countv 651trPine sStreet. Room 106 �, Martinez, Ca. 94553 _ IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT &(e ,r,kS - ROSADA R., ) ffA=1a Zj rR r. 'R I.E Lgn Petitioner, } Civil No. -vs- SUPERIOR COURT OF THE STATE ) ) Contra Costa County Superior Court } Nos.: J98-01981; J9&01982 OF CALIFORNIA,IN AND FOR THE ) J98-0 1983;J48-01984 COUNTY OF CONTRA COSTA, ) Respondent. ) WRIT PETITION - } DANIEL R. et al., minors, ) Stay Requested: Stay of interview with minors and CONTRA COSTA COUNTY DEPARTMENT ) Contested Jurisdictional Hearing of OF SOCIAL SERVICES, ) October 14, 1998 Real Parties in Interest. ) - } Nan.Bruce tiro g,Referee PETITION FOR WRIT OF MANDATE; REQUEST FOR STAY; DECLARATIONS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT TIMMOF Law Office of Pfeiffer&Rothlisberger RICH PFEIFFER'S$N# 189416 Attorney at Law 14211 Yorba Street, Suite 210 Tustin,CA 92780 (714) 573-0198 (714) 573-2135 FAX AT:omey for Petitioner, R SADA R. Page TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TABLE OF EXHIBITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ANTICIPATED STATEMENT OF FACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PRAYER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 VERIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-17 ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 I. THE JUVENILE COURT VIOLATED PETITIONER'S AND THE MINORS' RIGHT TO PRIVACY BY ORDERING AN INTERVIEW TO DETERMINE IF ANY ABUSE MAY HAVE TAKEN PLACE PRIOR TO ESTABLISHING JURISDICTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 H. THE JUVENILE COURT ERRED IN NOT SUSTAINING MOTHER'S SECOND DEMURRER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 III. THE JUVENILE COURT HAD NO POWER TO ORDER THE DEPARTMENT TO INTERVIEW THE MINORS. . . . . . . . . . . . . . . . . . . . . . . 24 IV. AN IMPROPER MOTIVE SHOULD PRECLUDE THE DEPARTMENT FROM INITIATING DEPENDENCY PROCEEDINGS IN THISCASE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 V. THE JUVENILE COURT ERRED IN NOT APPOINTING MOTHER' OR THE MINORS AN ATTORNEY AT THE DETENTION HEARING. . . . 27' CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 DECLARATION OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 i 1ABLEOF LES Page !.ASM: In re Troy A (1989) 215 Cal.App.3d 889 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 FPI Development,Inc. v. Nakashlma(1991)231 Cal.App.3d 367 . . . . . . . . . . . . 21 In re Alysha S. (1996) 51 Cal.App.4th 393 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-23 In re Fred J. (1979)89 Cal.App.3d 168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Abellerra v. D1:0ict Court ofAppeal(1941) 17 Cal.2d.280 . . . . . . . . . . . . . . . . . . 24 In re Christina H. (1986) 182 Cal.App.3d 1075 . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 In re J.T. (1974)40 Cal.App.3d 633 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 In re Jody R. (1990)218 Cal.App.3d 1615 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 In re Marriage of Seaman & Menjou (199 1) 1 Cal.App.4th 1489 . . . . . . . . . . . . . 26 In re Twighla T. (1992)4 Cal.App.4th 799 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In re William T. (1985) 172 Cal.App.3d 790 . . . . . . . . . . . . . . . . . . . . . . . . . . . 25, 26 Laurie I v. Superior Court(1994)26 Cal.App.4th 195 . . . . . . . . . . . . . . . . . . 18, 19 Olmsted v United States(1928)277 U.S. 438 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Social Services Union v. County of San Diego(1984) 158 Cal.App.3d 1126 . . . . . 2 Stanley v. Illinois(1972)405 U.S. 645, 651 [31 L.Ed.2d 551, 558, 92 S.Ct. 1208] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ii ', Section 300 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 22 Section317 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section326 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section327 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section328 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section329 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section332 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Madison,J.,The Federalist No. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 iii ......... ......... ......... ......._. 11.11 _ ..............._.._.... ..._..... ......... ._........ ......... ......... ......... ......._. _._. _.. ......... ......... ......... . ........ ......... ..................... TAo�E OE EXHIBITS EXHIBIT"A" - Investigative Report(Social Worker Frank Zagone) EXHIBIT "B"-Declaration of Rich Pfeiffer EXHIBIT "C" -Investigative Report addendum(Social Worker Frank Zagone) EXHIBIT"D" - Social Worker Service Log EXHIBIT"E"- Social Service Department Investigation EXHIBIT "F" -Letter(Sharon M. Selby, MSW) EXHIBIT "G" - Letter(Ellen Terminello Special Day Class Teacher) EXHIBIT "H" - Mother's Demurrer of the original petition EXHIBIT "I" - Original Dependency Petition EXHIBIT "J" - Detention Hearing Minute Order EXHIBIT "K" - Social Worker Adams' Record of Contacts EXHIBIT "L" - Social Worker Zagone's Notes EXHIBIT"M" - Amended Dependency Petition EXHIBIT 'IN" - Mother's Second Demurrer EXHIBIT "O" - Mother's Request for Sanctions iv IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST.APPELLATE DISTRICT ROSADA R., Petitioner, } .Vg_ } } SUPERIOR.COURT OF THE STATE } OF CALIFORNIA,IN AND FOR THE } COUNTY OF CONTRA COSTA, } Respondent. } } DANIEL R. et al.,minors, ) } CONTRA COSTA COUNTY DEPARTMENT } OF SOCIAL SERVICES, } Real Parties in Interest. } } TO THE HONORABLE PRESIDING JUSTICE AND HONORABLE ASSOCIATE JUSTICES OF THE COURT OF APPEAL OF THE STATE OF CALIFORNIA, FIRST APPELLATE DISTRICT: The Petitioner, Rosada R., is the mother in this preceeding and seeks relief from the orders of The Honorable Bruce Stirling, Referee, denying Petitioner's demurrer and ordering the minors be interviewed prior to the contested jurisdictional hearing. A stay is respectfully requested of the interview with the minors,and of the jurisdictional hearing pending the decision by this Honorable Court. Petitioner is proceeding via writ petition due to the young age of the minors, l their mental disabilities and emotional instability. Petitioner would likely lose the benefits of this writ if forced to proceed in an appeal. (In re Tw ghlu T. (1992) 4 CaLApp.4th 799;Social Services Union v County of San Diego (1984) 158 Cal.App.3d 1126, 1131.) WMODUCTION Rosada R. ("Mother")adopted four special needs children,Daniel, Ronnie, Jessie, and Michael,who are the minors directly involved in this case.' Mother arranged for the minor Jessie,to be represented in a class action federal law suit against the Contra Costa County Department of Social Services ("Department").' All class members' families have been harassed by the Department. The action that motivated this Writ Petition may be the most egregious,blatant, _ and arrogant abuse of power demonstrated by any Child Protection Agency in this state. The Department was warned by their awn social workers who investigated this case that the minors are emotionally fragile,there appears to be no grounds to sustain an allegation of child abuse,and any fiurther intervention could be detrimental to the children and be counterproductive. Still,the Department went forward. Mother and ' Mother had also adopted other special needs children who have grown to be adults and currently live productive lives. These other adult children are not a part of this writ petition. This lawsuit has not yet been certified as a class action. In the interest of identification of the different legal actions,that suit will be referred to as the"class action"suit. 2 her family have run in fear from Contra Costa County because of the actions of this Department. The juvenile court ruled that a family in a dependency case has no privacy rights. Mother is respectfully requesting this Honorable Court stay any interrogations of the minors and issue a temporary restraining order against the Department and any of its agents until this Court can hear this case. The minors' fragile emotional stability remains at risk due to the Department's continued action. This verified Petition represents that: 1. The challenged order regarding the minors was made on September 1, 1998. 2. The order was erroneous because. a)Mother's demurrer should have been sustained because the amended petition was facially insufficient. b)The juvenile court had not obtained jurisdiction and therefore had no power to order the children be interviewed by the Department. 3 c)The juvenile court violated the privacy rights of Mother and the minors by ordering the Department to interview the children prior to a finding ofjurisdiction. d)A conflict of interest should have precluded the Department from interviewing the minors. e) The juvenile court should have appointed an attorney to represent Mother. 3. An anticipated statement of facts and procedural history for this Petition is as follows: Mother arranged for her adopted son Jessie,to be represented by Mr. Darren Kessler, Esq. in a class action law suit against the Department alleging misconduct by the Department. _ Mother was then requested to go to the Department's Office for an interview on July 8, 1998. (A. V) Mother reported to Social Worker Zagone the facts pertaining to the class action law suit. (A: 1;L. 1-4) Both Mother and Mr. Kessler were 3 On September 3, 1998,Mother's counsel had a conversation with Deputy County Counsel Paul Muni2,who stated he would attempt to expedite the preparation of the Reporter's Transcripts of the August 21,August 25,and September 1, 1998, court proceedings and the Clerk's Transcripts. These transcripts will be forwarded to this Court as soon as they are received. Mother is appreciative that the County Counsel's Office has volunteered to pay for the preparation.of the Reporter's Transcripts. $ References to exhibits will refer to the exhibit,followed by the page number of that exhibit. 4 interviewed by the Department, (A: 1) Mother has adapted four special needs children. All of the children were born substance exposed and Jessie was fetal alcohol exposed and has;serious behavioral problems. (A: 1;K: 1-4) Mother participates in instructing parenting classes for family stress. (L: 4) Jessie was 5150"d on two occasions.(A: 1) All of the minors take psycho tropic medication relating to their metal disabilities. (A: 3) Mother denied ever hitting any of the children with a belt,but admitted to lightly spanking the children on their hand to get their attention. (A: 1) FIRST POLICE CALL TO MOTHER'S HOME After Mother arranged for the minor Jessie to be represented in the class action suits the police and the Department made a visit to Mother's house whereby Mother attempted to refuse entry. Mother refused entry,pursuant to Mr. Kessler's advice. (A: 1; K: 1-5) ""The police carne and threatened to break down the door"and tame her children from her. (A: 1, 4; B: l;K: 1-5) Mother felt she had no choice and permitted entry. (B: 1) A thorough search of Mother's home,including the refrigerator to see if there was milk, revealed no substantiation of the Department's claims or concerns. (B: 1; K: 1-5) Mr. Zagone,the social worker,requested Mother make Jessie available for "a non intrusive interview."(A: 1) Mother again rem an interview citing advice from Mr. Kessler. (A: 1) Mr. Kessler believed an interview of any of these children would' 5 be detrimental to their emotional well-being and an interview of Jessie is unnecessary because Jessie had a history of making unreliable statements. (A: 1-2; G: 1-2) Mr. Kessler told the Department earlier that he believed the children were not being abused. (A: 1) One informant was in apparent error when that person reported Jessie being _ bruised from alleged abuse by Mather. Jessie received his bruise from doing cartwheels in his hospital room which was witnessed and documented by a nurse.' (A: 1-2) Still, Mr. Zagone's supervisor required him to interview Jessie. (A: 1) Mother conceded to an interview of the two older boys on the condition the interview be either video or audio taped.. (A: 2) Jessie,when being admitted to the hospital for emotional instability, answereda leading question from a police officer that he had been hit with a;belt. "Because of Jessie's emotional [i]nstability and not being able to distinguish between truth and non truth," Mr. Zagone believed this statement not to be reliable, (A: ) Mr. Zagone also presented a letter from an MSW/MCFF adoption G program social worker, Sharon Selby, to his supervisors at the Department,whereby Ms. Selby vouched for.Mather that she didn't use a belt. (A: 2) Ms. Selby concluded her written statement with: " Hanj to jMphjkjjj&That I aM confident that U!Q chiW in 1he R1.1 homg is at rilk Qf Jessie was admitted to the hospital for psychiatric care. Jessie's psycho tropic medication had changed and there was a 50%decrease in behavioral problems. (A: ) 6 injury or ahum at the handl of a sibli=RE AUXUA DIM in W bfflUehOld, It is ♦ really a Vjjy that this mother has h&d IQ have a week of WQra gnr s report. rarents Qf sMial needs childan hm enough Worry alreadL without the aggial sitryige,ay km adding In the byrden unnectisarf '(emphasis added.)(F: 2) Mr. Zagone told his staff supervisors Haat the bays were frightened about the dependency case and an interview would be emotionally counterproductive. (A. 2) Mr. Zagone also told the supervising staff that"it did not appear to me, based on the information we had on hand . . . that there was bruising type abuse."(A: 2) Nonetheless, Mr.Zagone was told by his staff supervisors that he"should, without fiuther delay,make an unannounced home visit with)police to interview the children." (A: 2) THE SECOND POLICE FALL TO MOTHER HOME Mr. Zagone talked to Detective Graham and Sgt. Kreins. "Sgt. Krems said Det. Graham] could accompany me to the home but there was insufficient basis to require an interview with the kids."(A: 2) Mr. Zagone and Det. Graham went to Mother's home and rang the doorbell but nobody answered. They heard voices inside. (A: 2) The detective telephoned the police station and requested an officer call Mother and request she come out to talk. _ (A.: 2) There was no answer and the officer left a message on the answering machine. (A. 2) Mather said the message was overheard by the minors and they became even 7 ......... ......... ......... ......... ......... .... ....... ............ ......... ......... ......... ......... ......... ......... .................................................................... ......... ......... . ........ ......... more frightened. (B: 1) Another attempt at the doorbell proved unsuccessful. (A: 2) Mr. Zagone telephoned Mr. Kessler who had already talked to Mother about the this incident. Mr. Zagone apologized and indicated the"police did not have probable cause to interview against Mother's objections."'(A: 3) Mr. Kessler repeated the acknowledgment that an interview could be completed if videotaped. (A: 3) Mr. Kessler told Mr. Zagone that it was his belief that the Department was attempting to find negative information on Mother to be used by the Department in the class action suit. (A: 4) All of the children became frightened due to the Department's actions. (A: 1) MOTHER MOVED OUT OF CONTRA COSTA COUNYT On July 23, 1998, Mr. Zagone received a voice mail message from Mother that she had moved out of the county. (A: 3) Mother moved to the city of Tustin, in Orange County, on July 16, 1998,because she and her children were afraid of what the Department was doing and might continue to do. (B: 1-2) PRIOR ABUSE BY FATHER Mother told Mr. Zagone that in LW, adoptive father had physically abused the children. (A: 4; C: 1) Mother_=greed Jbg abuse to the Department but the 6 Mr. Zagone left a message on Mr.Kessler's answer machine apologizing for the incident. Mr.Zagone stated:"We didn't have probable cause to require Mother to be forced to an interview."(B: 1)Mr. Zagone stated that had he realized the police would have left a message that the children would overhear,he wouldn't have permitted it. He wanted to make every effort not to upset the children.(B: 1) 8 Department failed to take any action. (A: 4) Mother sought protection of her children t in family law court and obtained monitored visitation for Father. (A:4) The monitor has since been lifted for the two older boys because Father successfully completed therapy to address his anger management. (A: 4) F'ather's rendition of this incident supports Mother's Mother's assertions, as does the Department's report. (D: 2;E 1-S) UNSUPPOR TED ALLEGA TIONS OF AB USE B Y MOTHER Mr. Zagone contacted one of the referents who said she had never seen the minors but had heard of alleged abuse Brom a third person. (A: 4) The bruises reported by the third person must have been in error because the dates conflicted with the time Jessie was in the hospital. (A: 4) Another informant said she saw bruising on Daniel's neck on May 30, 1998, and asked Mother about it. Mother responded that sibling Ronnie had done it. (A: 4) This informant said that before the family had moved to Orange County that "Jessie and Ronnie had become remarkably well-behaved." (A: 4) No marks or bruises had ever been seen on minor Ronnie who denied any abuse and his comments were thought to be reliable. (A: 5;B: 1-2;C: 1) Ronnie's teacher said the minor was well-behaved and not aggressive. (A: 5) THE DEPART AIE'NT"E~NLISIED ORANGE COUNTY The Department screening supervisor requested an immediate investigation to contact Mather at her home in "Tustin. (C: 1) On August 28, 1998, an Orange County social worker visited Mother's address and talked to Mother's cousin who said 9 f _ Mother was on vacation. (C: 1) On August 31, 1998,the Orange County worker received a telephone call from Mother's dependency attorney who informed him that Mather was in Centra Costa County for her hearing scheduled for the next day. (C: 1) THE DETENTION HE4PJN`G OFA UGUST 20, 1998 Department staff person,Patricia Smith,indicated Mother requested an attorney at her detention hearing on August 20, 1998. (D: 1) Mr. Kessler was not permitted to represent Jessie in the dependency hearing. Mather was very upset after the hearing and said she would get an attorney to represent her at the next hearing. (D: 1) The court ordered Mather to cooperate with the Department's investigation. (L 3, 6, 9, 12') TRE AUGUST 25, 1998,JURtSD7IC"TIONAL HEARING Mother's dependency attorney filed a demurrer to the original petition. (H: 1-8) A continuance was granted to permit minors' counsel,who was appointed to the case' the day before, a chance to read the record and interview his clients. _ On the afternoon of August 28, 1998, Social Worker Ms. Smith faxed Mother's attorney an amended petition. The amended petition dismissed the original petition in an apparent admission that Mother's demurrer was legally sound. Mother's attorney _ telephoned Ms. Smith and she explained that the original petition was dismissed on each minor and that she, Ms. Smith,wanted to make it clear she did not sign the amended petition. (B: 2) The new petition was signed by Supervisor John Boylan. (M: 1-18) The new petition did not allege any of the claimed incidents of abuse 10 contained in the original petition. (M 1.18) Mother's attorney faxed a second demurrer and a request for sanctions to all parties on August 31, 1998. (B: 2) SEPTEMBER 1, 19 98,JURISDIC77ONAL HF,4RI.1'V{G The amended petition pursuant to Welfare and Institutions section 300, subdivision(a) and(j)' alleged Father abused the children almost three years ago and alleged Mother had:a history of hitting two of her children with a belt. (M: 1-18) The Department failed to mention that Mother reported these incidents when they occurred,and the Department failed to do anything about them. 'Mother then sought protection of the minors through the family law court. Father was given monitored visits until he successfully completed counseling regarding anger management. Today Father has unrnonitored visits with the two older minors. No specific allegations were made regarding Mother's history of hitting two of her children with a belt. Mother's second demurrer was heard by the juvenile court. (B: 2) Minos' counsel told the court he had interviewed the children on August 31, 1998, and did not believe there had been any abuse by anyone. Minors counsel fiu-ther stated he felt the children were credible and were not rehearsed. Minors' counsel urged the juvenile court to sustain Mother's second demurrer. (B: 2) The court overruled Mother's _ second demurrer. (B. 2) The court continued the jurisdictional hearing for a contested ' All other statutory references are to the Welfare and Institutions Code unless otherwise specifically stated. ll hearing on October 14, 1998,and ordered Mother to cooperate with the Department regarding the interview of her children. Failure to cooperate would result in being held in contempt of court. (B. 2) Mother objected, claiming the interview was a fishing expedition and violated her family's right to privacy. The juvenile court ruled a family has no privacy rights in a dependency case. (B 2) Mother also objected to the Department conducting the interview on the grounds that they have a conflict of _ interest as a result of the class action law suit. The court also overruled this objection. (B. 2) The court never heard Mother's request for sanctions. (B;2) .However,the juvenile court strongly encouraged the parties to try and settle this matter as the Department conceded they had no specific instances of abuse to support the petition at this time. Mother's attorney informed all parties via telephone on September 3 and 4, 1998, of her intent to file this writ petition. County counsel graciously faxed Mother's attorney minute orders From the court file and ordered transcripts''be prepared for the .august 20, August 25, and September 1, 1998, hearings. County;counsel also - graciously arranged for his client to bear the cost of those b anscripts. Mother's counsel will forward the transcripts to this Honorable Court as soon as they are made available. fI/ 1l/ 12 4. No other petition for writ has been filed in this matter. 5. The Petitioner is the party directly interested in this proceeding. The parties who are also affected by this Petition are the Department represented by Mr. Paul R. Muniz,Esq., Deputy County Counsel;the minors represented by Mr. John Cooper, Esq.,Deputy Public Defender; Hanafi R., Father of Michael and Ronnie, in pro per, and Mr. Darren Kessler, Esq., attorney for the minor Jessie in the class action law suit. 6. The Department claims that all allegations of abuse occurred within the jurisdiction of Respondent Court. Mather currently lives in Orange County at 17276 E.Nissan Road, Tustin, CA 92768. 7. Petitioner respectfully requests this Honorable Court stay all further hearings in this matter until this proceeding is concluded. /!I 13 PRAYED _ WHEREFORE, Petitioner prays this Court: 1. Issue a peremptory writ of mandate directing Respondent Court to vacate its orders of September 1, 1998, and issue new and different orders: a)Finding the amended petition insufficient on its face and sustaining Petitioner's second demurrer, Or b)Find the order to interview the minors prior to a finding of jurisdiction is an unenforceable order because the Respondent Court does not yet have jurisdiction to make such an order, Or c)Find the order to interview the minors prior to a finding of jurisdiction violates the Mother's and minors' right to privacy,Or 2. Issue an alternative writ directing Respondent Court to show cause why it should not vacate its prior order of September 1, 1998 and issue new orders: a) Find that ordering an interview of the minors prier to jurisdiction is unenforceable because the court does not yet have jurisdiction to make such an order, Or b) Find that ordering an interview of the minors prior to a finding of jurisdiction violates the privacy rights of the Mother and the manors, Or 3. Remand the case to the Respondent Court and issue an Order to show cause why the second demurrer to determine if the petition is facially sufficient, and i4 4. Fired that a conflict of interest exists such that the Department should not interview the minors or litigate this dependency case, and a)Transfer venue to Mother's county of residence, and 5. Issue an injunction against the Department and their agents from further contact with Mather until the federal class action suit against the Department is concluded, and 6. Prohibit the minor Jessie from being interviewed because he has been determined to be unreliable and is classified 5150, and 7. Require an expert psychologist approve any interview prior to any of these emotionally fragile minors being subjected to an interview,and 8. Permit parents' attorneys be present and videotape any interview conducted,and 9. Permit Mr. Kessler to continue to represent his client,the minor Jessie, in this dependency action, and 10. Reimburse Mother for reasonable attorney fees, and 11. Grant such ether and flu ther relief as it may deem just and proper. Dated. September 7, 1998 Respectfully submitted, RICIN PFEIFFF Attorney for Petitioner, RDSADA R. 15 _. ... _...... ......._. ......... ......... ......... _ .. ......... .._...... ......... ......... ......... ......... ......... ......... ......... ......... _.. ...... __.. ......... ......... ......... .......... ........ ......... __.. _. .._........... VERIFICATION I,RICH PFEIFFER,.DECLARE, I am the attorney for the Petitioner in the above entitled action. I am licensed to practice law in the State of California. I have reviewed the foregoing Petition and am familiar with the contents thereof. The facts alleged in the petition are true and correct of my own personal knowledge, except as to those matters which are stated to be known by information and belief, and to those matters I believe them to be true. I declare under the penalty of Perjury under the laws of the State of California, that the foregoing is true and correct. Executed on September 7, at Tustin, California. RICH PFEIFFER 16 . ...................... FROM PHCNE NO, Sep. 2 1957 11:ISAM Pi VERMCATIO S,ROSADA R.,nECI.ARE, I am the pcdtioner Ln the above entitled action. I have reviewed the fortgOini; pedfi m and am familiar with the contents tbereof. The Pots alleged iu the petition at true and comet of my own pemtua knowledge,ecccrpt as to dose smatters which are stayed to be known by information and betlief,and to those matters I believe them to be true. I dtolam=der the penalty of pedury=der the Jaws of the State of California,that the foregoWS is ma and correct. Executed on September 8, at Tustia,C WOrnia. ROSADA IL ..........11..................................I..............---...1.1.11,11111.1... ............................................................................................................................................................................................................... ..........----......I...... ................................................. MLMQRAnUM OE POINTS AhM AUTHQMIES L THE JUVENILE COURT VIOLATED PETITIONER'S AND THE MINORS' RIGHT TO PRIVACY BY ORDERING AN INTERVIEW TO DETERMINE IF ANY ABUSE MAY HAVE TAKEN PLACE PRIOR TO ESTABLISHING JURISDICTION. In the case Laurie S. v. Superior Court(1994) 26 Cal.AppAth 195, 199, the court recognized the "long established rights guaranteed parents and children under the United States Constitution"of the importance of the privacy rights of the family which are 'essential' and among the 'basic civil rights of man' which are far more precious than property rights supported by Stanley v. Illinois(1972)405 U.S. 645, 651 [31 L.Ed.2d 551, 558, 92 S.Ct 1208]. In Laurie S.,the Mother objected to an order requiring she cooperate with a psychological evaluation prior to a finding of jurisdiction in a dependency case. Laurie claimed the evaluation violated her privacy rights and its use for jurisdictional purposes would deprive her of a fair trial. (Laurie S. v. Superior Court,supra, 26 Cal.AppAth 200.) Laurie claimed the Department must prove their allegations in its petition based on her present acts,not her potential mental state.(Ibid) The court recognized that a parent may choose to undergo such an interview in an attempt to prepare their defense and thus waive their right to privacy. (Id at. p. 201.) "Although the [California] rules of court encourage informal and reciprocal discoverer, the rules are 'subject to the right of a party to show privilege or other good ......................................... ............................................................................................................................................................................................ ......................................................................... cause not to disclose specific material information., (Rule 1420(a).)"(Id at p. 202.) The court concluded"Jo M g a finding the child is at risk, and aSSUMA&U a.mdukaw over the child, do a parent's liberty and privacy interests yield to thedemonstrated need of childprotection."(emphasis added.)(Id at pp. 202-203.) In the present case the Department has the burden of establishing that the conduct of Mother will create a substantial risk of detriment to the minors in order to establish jurisdiction. The family still has the important right of privacy from unwarranted government intrusion until the Department has met its burden and jurisdiction is found. The Department cannot,, as they did here,file a petition(or two) to entitle them an unbridled license to embark on a fishing expedition to see what they might be able to uncover to justify their actions. The Department impliedly admitted that Mother's first demurrer was legally sound when they completely abandoned all allegations contained in the August 19, 1998, dependency petition. The specific facts alleged in the August 28, 1998, petition are almost three years old and were committed by Father who left the home five years earlier. Not contained in the amended petition were the facts that Mother was the person who reported these incidents to the Department and when the Department chose not to do anything, Mother sought protection of the minors through the family law court. The family law court ordered monitored visitation. Father has since ........... addressed his anger management problem and the requirement for a monitor had been _ lifted for the two older minors. The other allegation was that Mother had a history of hitting two of her children with a belt. No other facts were alleged. No dates were asserted. This was a baseless claim in an attempt to permit the Department to go on a fishing expedition and interrogate the minors. Miners' counsel, after interviewing the mincers,urged the juvenile court to sustain Mother's second demurrer because no abuse had occurred.. The minors denied any abuse and their counsel believed they were bath credible and not rehearsed. Without a finding of jurisdiction,the ordered interview of the minors violated the family's right to privacy. The juvenile court stated a family in a dependency caste has no such right.' 1JJ $Courts have held that in dependency cases a parent cannot assert the Fourth Amendment to the exclusionary rule because the potential ham to the child outweighs any deterrent effect from suppressing unlawfully seized evidence. However,the Fourth Amendment rights have been limited,not abandoned,(In re Mallnia S. (1990)51 Cal.3d 368, 384;In re Db*S.(1993) 14 Cal.AppAth 103 7', 1044,In 4;In re Waher E. (1992) 13 Cal.AppAth 125, 139,fa 8.) In these cases,the Fourth Amendment violations were being exercised at the disposititmal hearing after the Department carried its burden at the Jurisdictional hearing. In the present case,.Mother is not attempting to use the exclusionary rule,she is trying to protect her Constitutional rights before they are violated,and before the juvenile court has jurisdiction. 20 THE JUVENILE COURT ERRED IN NOT SUSTAINING MOTHER'S SECOND DEMURRER. "A petition, in a manner similar to a civil complaint, must contain `A concise statement of facts, separately stated,to support the conclusion that the minor upon whose behalf the petition is being brought is a person within the definition of each of the sections and subdivisions under which the proceedings are being instituted.' (§ 332, subd. (f).)" "We have characterized such a challenge as `akin' to a demurrer. (In re Fred J. (1979)fig Cal.App.3d 168, 176 & fn. 4; see In re Troy D. (1989)215 Cal.App.3d 889, 896;In re J.T (1974)40 Cal.App.3d 633, 6.39.)"(In re Alysha S. (1996) 51 Cal.AppAth 393, 396-397.) "As we have said before in another context, a pleading is not merely `a ticket to the courtroom which may be discarded after admission.' (FPI Development,Ina v. Nakashma(1991)231 Cal.App.3d 367, 381.)"(In reAlysha S., supra, 51 Cal.AppAth 399.) In the present case, it is not known how,when, or if, the Contra Costa County Social Service Agency gathered information that supported the claim that Mother had a history of hitting minors Jessie and Ronnie with a belt. Because the other incidents in the amended petition relate to events that are approximately three years old, and were reported to the Agency by Mather,it is reasonable this unsubstantiated"history" is also a very old allegation. Therefore,the amended petition does not facially contain 21 "A concise statement of facts, separately stated,to support the conclusion that the miner upon whose behalf the petitionn is being brought is a person wig the definition of each of the sections and subdivisions under which the proceedings are being instituted,"the amended petition is facially insufficient. The amended petition also failed to state that when Father inflicted the abuse on the minors almost three years ago,HpAc d d r ect the minors by reporting the abuse to the Department. The Department chose not to pursue the issue. None of these incidents can support an allegation of child abuse which must ,show that there is a substantial risk,of detriment of serious physical or emotional injury to these children today. In Alysha S'.,the father repeatedly beat the mother and was arrested and incarcerated for domestic violence. The mother, in spite of advice by Child Protective Services not to do so,dropped the restraining order and resumed living with the father upon his release from incarceration. A year earlier,father touched the minor's buttocks and vagina in a lewd manner and mother failed to protect the mor from the father. The Department never alleged the minor would.Hkely suffer serious physical harm. "Subdivision(b)means what it says. Before courts and agencies can exert jurisdiction under section 300, subdivision (b),there must be evidence indicating that the child is exposed to a substantial risk of serious physical harm or illness."(In re Atyshu S.,supra, 51 Cal.AppAth 398-399.) 22 In the present case, the amended petition was silent as to Mother's history of hitting two of her children with a belt. 'There simply aren't any facts proffered to support this baseless allegation. The minors denied the allegation to their attorney. If the facts in Alysha S don't rise to the level to overrule a demurrer,then certainly the allegations in the present case fall far short in the amended petition. The Alysha S. were more egregious and more recent. Mother argued that if her second demurrer is not sustained, the Department could at any time file any claim on a parent who, at any time lived in their county, and force them through the dependency process. This does not comport with the statutory scheme of dependency law. The Department was told by their own investigating social worker that each of the minors in this case is mentally disabled and emotionally fragile. The continued bringing of multiple,unsubstantiated, dependency petitions crewed a substantial risk of detriment to the emotional well-being of these children. Again, "a pleading is not merely `a ticket to the courtroom which may be discarded after admission,"'yet that is exactly what the Department attempted to do as they attempt to violate the privacy rights of this family by conducting illegal discovery. Therefore,because the petition was facially insufficient to support any of the alleged incidents of child abuse under section 300, subdivision{ay,the petition was 9 Section 300, Subdivision a reads in pertinent part: "The minor has suffered,or 23 void and Mother's demurrer should have been granted. III. THE JUVENILE COURT HAD NO POWER'i O ORDER THE DEPARTMENT TO INTERVIEW THE MINORS. "`Lack of jurisdiction' is a term used to describe situations in which a court is without authority to act. (Abell+elra v. Dkrict Court of Appeal(1941) 17 Cal.2d 280,288-291 [109 P.2d 942, 132 A.L.R. 715].) In its most fundamental sense, lack ofjurisdction means an entire absence of power to hear the particular subject matter of the case. (Id., at p. 288.)The term also relates to the court`s inability to render judgments against individuals who have not properly been made parties to an action. (Ibid.)Even when a court has jurisdiction over the subject matter and the parties in a fimdamental sense,it may have no `jurisdiction' or power to make orders which are not authorized by statute. (Ind.,at pp. 288-290.) `[Items well settled ... that when a statute authorizes prescribed procedure, and the court acts contrary to the authority thus conferred, it has exceeded its jurisdiction .. ,' (Id, at p. 290.)"(In re Jody R (1990)218 Cal.App.3d 1615, 1622.) "Article 10 of the Juvenile Court Law(§§ 360-370)sets Birth the orders which the juvenile court is authorized to make upw a ftdiag thgt a child..comes within its _ iudsd . (emphasis added.)(Id at p. 1624.) thereis a substantial risk that the minor will suffer, serious physical harm inflicted nonaccidentally upon the minor by the minor's parent or guardian." -4 In the present case, because the juvenile court did not obtain jurisdiction, its order requiring the Department interview the minors is void because the court dues not yet have the power to make the order. TV. AN IMPROPER MOTIVE SHOULD PRECLUDE THE DEPARTMENT FROM INITIATING DEPENDENCY PROCEEDINGS IN THIS CASE. Mother argued that the Department had an unproper motive,retaliation for finding representation for her son Jessie in the federal class action law suit, and therefore had a conflict of interest and should be precluded from conducting the interview with the minors. Minors' counsel agreed that the Department may have ether motives because this case lacked any form of abuse and appeared highly unusual for this Department to pursue. Cases have held that an improper motives to initiate dependency proceedings do exist. However, "In dependency proceedings,a private party does not invoke the _ jurisdiction of the juvenile court. A probation officer or social worker,through the services of child abuse or protection agencies,determines whether proceedings in the juvenile court are warranted, and the filing of a petition is preceded by an investigation to determine if there is cause to commence such proceedings. (§§ 325-329.)These processes insulate the proceedings from self-interest and petty interferences which can pervade parental custody disputes." (In re William T. (1985) 25 _...._. ......... ......... ......... ......... ......... ...._.._. _.... _.. ........ . ...._..... ......... ......... .......... ....... ......... ......... ......... ......... ................. -- ......... ......... ......... ......... ............ .................. ............. 172 Cal.App.3d 790, 798.) Apparently, the i711jam T. court never foresaw the possibility that dependency proceedings could be instituted by the Department's own self-interest and petty interferences. In the case to re Marriage of Seaman &Menjou(199 1) 1 CaLApp.4th 1489, a parent in a custody dispute sought to have Children's Protective Services ("CPS") initiate dependency proceedings that would override the family law court. "[A]ppellant maintains that respondent caused CPS to reopen its investigation by her `comet prodding of[J.] coupled with her incessant threats to sue CPS.' Since appellant's financial resources far exceed respondent's, we are not faced with a financially secure spouse attempting to harass or coerce the less well-off one. If respondent instigated the dependency proceeding for an improper motive . . . the basis of such conduct by a spouse without financial resources would defeat the purpose of the statute by enabling that spouse to harass ori the spouse who-wAmId bg lime ,for " ."(emphasis added.)(Id at p. 1500.) In the present case, it is not a spouse who initiated the dependency proceeding for an unproper motive, it was the Department. Therefore, because the Department has much greater financial resources than does Mother,the Department should be liable for Mother's fees incurred in this action. 26 V. THE JUVENILE COURT ERRED IN NOT APPOINTING MOTHER OR THE MINORS AN ATTORNEY AT THE DETENTION BEARING. At each hearing,the juvenile court shall advise unrepresented parents and children of their right to competent counsel and the right to appointed counsel. (Section 31'7; California Rules of Court rule 1410(d);In re C'hr�a H. (1986) 182 Cal.App.3d 1075.) In the present case, Mother requested an attorney be appointed to represent her at the detention hearing. That request was denied. Mr. John Cooper,Deputy Public Defender was not appointed to represent the minors until.August 24, 1998.1° This late appointment for the minors resulted in continuing the hearing concerning Mother's demurrer. The only parte represented at the detention hearing was the Department. Because the Department later conceded the petition was insufficient, had counsel represented either Mother or the minors at the detention hearing„the entre case should have been dismissed. Therefore, failure to provide competent counsel at the detention hearing was prejudicial. Mother was forced to obtain private representation. She respectfully requests this Court require the Department to reimburse her for reasonable attorney fees Mother represented to the juvenile court that the Minor Jessie was represented by Mr. Darren Kessler,Esq. The juvenile court relieved Mr.Kessler from representing Jessie and failed to immediately appoint a new attorney. 27 ..._. ......... ......... ......... ......... ................. ............ _........ ......... ......... ......... ......... ......... ......... ......... ........ . .... ......... ......... ......... ......... ..................... ....._............_..................... because she is indigent. CONCLUSION The social workers told their supervisors that not only did no abuse occur, but the emotional stability of the miners would be jeopardized by an unwarranted interrogation by the Department. The Departrn:ent went forward and now seek an unbridled fishing expedition at the expense of the emotional well-being of these children. [Ijf the Government becomes a lawbreaker, it breeds contempt for the law, it' invites anarchy." (Olmsted v. United States(1928)277 U.S. 438, 485 (dissenting opinion).) Where will the Department stop? Will they stop? We clearly face the danger of the ability to"oblige [the government] to control itself" (Madison, J., The Federalist No. 51 at 349.) fff f// ......... ......... ......... ......... ......... ......... ....... .............. ......... ......... .......... . ....... ......... ......... ......... ......... ......... .....__. . _ _ _. .... ......... ......... ......... ......... . ................... . . ............................................................... The Department's supervisors are out of control. The safeguard against malicious prosecution was the Juvenile court who misinterpreted the law,stating citizens have no privacy rights if the Department wants to get involved. The only safeguard remaining is review by this Court` Petitioner respectftally requests this Court grant the requested relief and send a message to the Department and the Juvenile court that children and families do have privacy rights in our free society. DATED: September 7, 1998 Respectfully qubmitted, RICH PFEIFEER. Attorney for Mother ROSADA R. 29 t EXHIBIT «As CHCO(AM NAME CH LD r.a e Daniel Russell 1199-4182-7568-IDO0462 RefsttatNumbac 0005-8521-2451-4021192 RetrerprOr 06/03/1998 INVESTIGATION NARRATIVE ASSESSMENT BY ASSIGNED WKR N1AE ZAGONE. THIS CASE WAS ORIGI ALLY ASSIGNED TO VINCE NIGRO ON 6/8/98. BECAUSE VINCE HAD TO TAKE EMERG'. FAM SICK LEAVE THE CASE WAS ASSIGNED TO ME ON 7/2/98. VINCE HAD MADE ARRANGEMENT FOR MOTHER TO COME TO OFFICE FOR AN INTERVIEW ON 7/8. SUMMARY TO 7/22/98. FIRST F/F 7/8/98 I SAW MOTHER IN OFFICE AND SHE RELATED AS FOLLOWS: HER LAWYER IS SUING OUR AGENCY -SOMETHING RELATING TO SOCIAL SECURITY BENEFITS OF ONE OR MORE OF HER 4 ADOPTED CHILDREN WHEN THEY WERE RECEIVING FOST CARE PAYMENT WHEN ROSADA WAS A LICENSED FOSTER PARENT BEFORE SHE ADOPTED THE CHILDREN) RECEIVING THE FOSTER CARE AID. I READ THE ALLEGATIONS TO HER, TO WHICH SHE RESPONDED SHE HAS NEMER PUNISHED ANY OF THE CHILDREN W/ A BELT. SHE SAID SHE HAS SPANKED ONE OR MORE OF THEM W HER HAND BUT NOT TO CAUSE PAIN-ONLY LIGHTLY TO GET THEIR ATTENTION RE, MISBEHAVIOR. SHE FURTHER RELATED: ALL OF THE CHILDREN WERE BORN SUBSTANCE EXPOSED. JESSE WAS A FETAL ALCOHOL EXPOSED BABY AND HE HAS HAD BEHAVIORAL PROBLEMS WHICH HAS TAKEN THE FORM OF HIGH LEVEL HYPERACTIVITY AND CHRONIC INABILITY TO DISTINGUISH TRUTH FROM FANTASY. SHE HAD TO HAVE JESSE 51501D 2 TIMES RECENTLY AND HIS BEHAVIOR HAS STABILIZED A GREAT.DEAL NOW AS WALNUT CREEK HOSPITAL HAS RX DEPICOTE IN ADDITION TO ZYPREXIA. BEFORE HOSPITALIZATION HE WAS ON RITLIN WHICH WAS NOT EFFECTIVE FOR HIM. BOTH SHE AND THE .LAWYER ARE AGAINST JESSE OR THE OTHER CHILDREN BEING INTERVIEWER BY CPS. SHE SAID THE CHILDREN ARE NOW FRIGHTENED BECAUSE OF THE PENDING CPS CASE. SHE RELATED THE FOLLOWING: LAST YEAR SOMEONE MADE A COMPLAINT REGARDING THE CONDITION OF HER HOUSE. WHEN SHE REFUSED ENTRY TO THE CPS WORKER, THE POLICE CAME ANT THREATENED TO BREAK DOWN THE DOOR. SHE ALLOWED CPS/POLICE ENTRY AND NO SUBSTANTIATION OF THE ALLEGATIONS WAS MADE. SHE DID NOT ALLOW `CPS TO ENTER AS SHE HAD BEE ADVISED BY HER LAWYER NOT TO ALLOW CPS IN THE HOUSE. SEE CPS INVESTIGATION OF 5/22/IN FILE. I TOLD MOTHER I WOULD DO A NON INTRUSIVE INTERVIEW OF JESSE AND THIS WOULD BE OUR USUAL WAY OF DEALING W THE ALLEGATION. MOTHER REPEATED SHE WAS AGAINST OUR DO THE INTERVIEW AS IS HER LAWYER. I TOLD MOTHER I WOULD DISCUSS WITH THE LAWYER. WEEK OF 7/6 P/C WITH LAWYER DARREN KESSLER. HE REQUESTED THAT WE NOT INTERVIEW JESSE OR THE OTHER CHILDREN AS HE BELIEVES IT WOULD BE DETRIMENTAL TO THE CHILDREN AND SUCH AN INTERVIEW WOULD BE UNNECESSARY IN VIEW OF JESSE HAVING HISTORY OF MAKING UNRELIABLE STATEMENTS. HE SAID HE BELIEVES THAT THE CHILDREN ARE NOT BEING ABUSED. NOTE: ONE ALLEGATION PERTAINED TO THE REF SEEING BRUISES WHEN JESSE WAS AT W.C. HOSP AND SINCE IT WAS DOCUMENTED BY COUNTY MED CENTER THAT THERE WERE NO BRUISES ON JESSE UPON ADMITTANCE I FELT THERE MAY, IN FACT MAY HAVE BEEN A REPORTING ERROR. I TOLD LAWYER, IN FACT THE INTERVIEW MAY NOT BE NECESSARY NO ADVISABLE IF THER HAD BEEN A REPORTING ERROR. NEVERTHELESS I WOULD NEED TO REVIEW FUTHER AND I WOULD ADVISE LAWYER. WEEK OF 7/13 AFTER DISCUSSING BRIEFLY W MY SUPERVISOR I PHONED MOTHER TO SAY I WOULD NEED TO INTERVIEW JESSE AT LEAST AND THAT I WOULD DO IT LOW KEY. MOTHER REQUESTED THAT I CONTACT NURSE KELLY DEAMER AT WC HOSP WHO CAN ATTEST TO THE FACT THE BRUISES ON JESSE'S BODY WERE ONES HE SUSTAINED AS A RESULT OF HIS OWN ACTIONS. MOTHER ALSO INDICATED THAT WHILE IT IS TRITE THAT JESSE TOLD STAFF AT CO, MEI? CENTER WHEN HE WAS ADMITTED, THIS WAS BECAUSE WHEN SHE HAD JESSE ADMITTED THE FIRST TIME,IN MAY SHE CALLED POLOICE TO HAVE HIM DISO WHEN HE RAN AWAY FROM THE HOUSE. SHE SAID THE POLICE THOUGHT HE MAY HAVE RUN BECAUSE OF ABUSE AND THEY ASKED HIM SOME QUESTIONS AMONG WHICH WAS DOES HE GEYT HIT W A BELT. AFTER THIS JESSE STARTED SAYING HE GETS HIT W A BELT BY HIS MOTHER AS SOON AS HE ARRIVED AT THE MEDICAL CENTER. SHE SAID HE IS KNOWN TO TELL FALSEHOODS BY HIS TEACHER AT SCHOOL AND OTHER PROFESSIONALS. SHE SAID SHE WOULD HAVE AN ADOPTION SOCIAL WORKER FAX A LETTER TO ME. WEEK OF 7/13 I PHONED NURSE KELLY DEAMER WHO SAID SHE HAD OBSERVED JESSE DOING CARTWHEELS ON HIS BED AND state or ew of s isl Sttr arra were Rpency INVESTIGATION INFORMATION Confid "N � ,V th t5epsrlrr,era of Sooisl Serrioes Code Section t t 187A www CWS Esse Msn"emom System WIC aecttons 827and 10850 to-WDOC R*v(t ) tie t of 5 CW K>ZFtW WAME Cfw fl`O a Daniel Russell I19S-4182-7568-1C�OOi6 Rmns iuunre: 0006-8521-2451-4021192 Raba Dow 06/03/1998 JUMPING UP AND DOWN ON AND AROUND HIS BED, SHE SAW HIM HIT HIS LOWER LEG ON THE BED FRAME AND SHE TOOK A PHOTO OF THE BRUISE AND DOCUMENTED THE INCIDENT. SHE ALSO SAID,, JESSE'S STATEMENTS ARE UNRELIABLE. IN ANOTHER PHONE TALK W MOTHER, SHE SAID SHE WOULD OK OUR INTERVIEWING THE 2 OLDER BOYS ONLY. I OFFERED THE POSSIBILITY THAT A- CONCORD POLICE DETECTIVE,GOOD AT INTERVIEWING CHILDREN WOULD PROBABLY DO THE INTERVIEW IF SHE WOULD PREFER THAT. SHE SAID SYHE DIDNT WANT THAT. SHE SAID IF WE INTERVIEWED THE 2 OLDER BOYS IT SHOULD EITHER BE VIDEO TAPED OR AUDIO TAPED -THIS PER HER LAWYER. RE. MY PHONE TALK WITH NURSE KELLY DEAAMER, I MADE THIS CALL ON 7/8, NOT WEER OF 7/13 AS ENTERED ABOVE. 7/1:5 P/C TO MOTHER TO GET MORE HISTORY. PER MOTHER, WHAT LED NESSE BEING 51501D WAS AS FOLLOWS" JESSE WAS FOUND ON THE ,ROOF OF HIS SCHOOL THROWING ROCKS. HE WAS SENT HOME. EITHER LATER THAT DAY OR A DAY OR SO LATER JESSE RAN OUT THE DOOR. MOTHER CALLED POLICE TO HAVE HIM 51501D. THE POLICE OFFICER SAT WITH JESSE IN THE POLICE CAR ASKING JESSE WHY HE RAN FROM HOME. ACCORDING TO MOTHER THE OFFICER ASKED JESSE A LEADING QUESTION PERTAING TO WHETHER OR NOT HIS MOTHER SPANKS HSN WITH A BELT. BECAUSE OF THIS AND BECAUSE OF JESSE'S EMOTIONAL UNSTABILITY AND NOT BEING ABLE TO DISTINGUISH BETWEEN TRUTH AND NON TRUTH. THEREFORE SINCE THE BELT ISSUE WAS STILL FRESH IN HIS MIND HE IMMEDIATELY BEGAN TO TO TELT, STAFF AT CO. MDE: CENTER WHEN HE WAS ADMITTED (5150) THAT HIS MOTHER HAD BEEN HITTING HIM W A BELT. MOTHER ADVISED ISE TO CALL HIS TEACHER AT SUNRISE SCHOOL WHO WOULD CONFIRM THAT JESSE'S STATEMENTS ARE OFTEN NOT RELIANBLE. 7/15/98 I LEFT MSGE FOR MO. REQUESTING LAWYER'S PHONE # AS I HAD TOLD HIM I WOULD GET BACK TO HIM. NOTE: AFTER I HAD WITH SVP., MOTHER'S OFFER TO LET US INTERVIEW THE 2 OLDER CHILDREN VIDEO'D OR AUDIO TAPED, SUPERVISOR SAID WE SHOULD STAFF THE CASE AT DISPO. AND I SIGNED UP FOR 7/15 STAFFING. 3/15 1 PHONED JESSE'S TEACHER AT SUNRISE AND LEFT. MESSAGE. 7/15/98 THE OUTCOME OF STAFFING WAS THAT I SHOULD, WITHOUT FUR'T'HER DELAY, MAKE AN UNNANOUNCED HOME VISIT W POLICE TO INTERVIEW THE CHIDREN. I OUTLINED THE HISTORY AND ALLEGATIONS. I POINTED O3UT THE APPARENT MISTAKE OF THE REFERENT WHO SAW JESSE AT W.C. HOSP AND WHO REPORTED BRUISING NOT KNOWWING THAT THE BRUISES WERE SELF INFLICTED AT THE HOSPITAL ANIS DOCUMENTED BY NURSE KELLY DEAMER. I POINTED OUT THAT THE ATTORNEY BELIEVES THERE WAS NO BELT OR PHYSICAL ABUSE TO THE MINORS. I PRESENTED A LETTER I RECEIVED FROM AN MSW/MFCC ADOPTION G PROGAM SOCIAL WORKER VOUCHING FOR MOTHER I.E MOTHER DOESNT USE BELT. I INDICATED THAT JESSE'S TEACHER WILL BE SENDING A STATEMENT INDICATING JESSE'S UNRELIABILITY OF STATEMENTS AND EMOTIONAL/MENTAL PROBS. I RELATED THE PHONE TALK W NURSE KELLY DEAMER WHO DOCUMENTED THAT JEESE GOT BRUISED WHILE DOSING CARTWHEELS ON HIS BED AND HER STATEMENT THAT JESSE'S STATEMENTS ARE UBRELIABLE. I RELATED THAT JESSE WAS A FETAL ALCHOHAL BABY AND THAT RONNIE ANIS THE OTHER KIDS SUFFERED ;FETAL DRUG EXPOSURE. I ALSO POINTED OUT THAT MOTHER HAD OFFERED TO ALLOW INTERVIEW OF THE 2 OLDER BOYS AND HAD INDICATED THAT THE 2 YOUNGER BOYS ARE FRIGHTENED RE. THE CPS CASE AND THAT SHE FEELS AN INTERVIEW WOULD BE EMOTIONALLY COUNTERPRODUCTIVE AND JESSE'S COMMENTS COULD NOT BE RELIED ON AS TRUE. I RECOMMENDED THAT BEOF'E GOING OUT UNNANOUNED WITH POLICE WE GIVE MOTHER THE OPPORTUNITY TO COMPLY W OUR DECISION TO INTER'V'IEW JESSE IN A LOWER KEY ,LESS ABRUPT SETTING. THE PRIOR STAFFING DECISION WAS, HOWEVER SUSTAINED. I INDICATED AT STAFFING IT DID NOT APPEAR TO ME,BASED ON INFORMATION WE HAD ON HAND (THE APPARENT MISTAKE BY THE REFERNT IN REPORTING THE BRUISES AS SUSPICION OF CHUILD ABUSE) THAT THERE WAS BRUISING-TYPE ABUSE. 7/16-1 DETERMINED THAT DET. D GRAHAM HAD BEEN ASSIGNED THE CASE OF JESSE RELATING TO THE 5150 DONE IN MAY AND JUNE. HIS CASE WAS INACTIVE. I TALKED W DET GRAHAM RE. ASSISTING ME AND HE SAID YES. 7/15--1 MET W DET. GRAHAM AND SGT KREINS AND WENT OVER REFERRALS. SGT KREINS SAID DET.G. COULD ACCOMPANY ME TO THE HOME BUT THERE WAS INSUFFICIENT BASIS TO REQUIRE AN INTERVIEW W THE KIDS . 7/16 DET GRAHAM AND I WENT TO THE RUSSELL HOME.. WE RANG DOO'IRBEL-NO ANS. WE HEARD VOICES INSIDE. DET G. PHONED THE STATION TO REQUEST THAT ANOTHER DET" PHONE THE MOTHER TO REQUEST THAT SHE COME TO THE DOOR TO TALK TO US BUT THAT WE WOULD NOT REQUIRE INTRANCE TO HER HOUSE-THE DET REPORTRD 'THERE WAS NO ANS AND THE DET LEFT A MSGE ON ANSWEREING MACHINE WE WENT BACK TO THE DOOR AND RANG BELL, AGAIN. NO ANSWER_ State c Cs a, t A 1Nn3T1QA*noN 1NFORMA"C#oN cae t ro,scx antar cs watt Clepavtrrw�t of Sc�da16 rvt+aes 3 ono Code Soown 111671 and/or CWS Cass Menagarrm t Symertr iN ''Set:tiotet UT and WOO it 4NV000`Rev(12/93) #ar2 ors ......... ......... ......... ......... ......... ......... ......... . _ ........... ..__..... .._..... .......... . ........ ....... ......... ......... ......... ......... ......... ......... _ _.. ......... ......... ......... ..._.... ............... ................. CMiLi3(REf$t CKLO W.N Daniel Russell000462 1199-4162-756a-1 f2uf�m�i Number: 0005-8521-2451-4021192 06/03/1996 WE WENT BACK TO THE STATION. 7/16-PHONE TALK W ATTORNEY KESSLER. HE SAID MOTHER HAD PHONED HIM ABOUT OUR ATTEMT TO SEE HER. I EXPLAINED THAT THIS ACTION WAS A RESULT OF STAFFING DECISION. I EXPLAINED THAT HAD MOTHER ANSWERED THE DOOR, DET G. AND I WOULD NOT HAVE DONE INTERVIEW OVER MOTHER'S OBJECTION AS POLICE DID NOT HAVE PROBABLE CAUSE TO INTERVIEW AGAINST MOTHER'S OBJECTIONS. . ATTORNEY KESSLER WANTED TO MAKE IT CLEAR THAT HE WAS NOT REFUSING TO ALLOW AN INTERVIEW BUT THAT HER WAS REQUESTING THAT AN INTERVIEW NOT BE DONE. IN THIS PHONE TALK AND SUBSEQUENT PHONE TALKS W ATTORNEY KESSLER AND FURTHER SUPERVISORY CONFERENCES IT WAS AGTREED UPON BY OUR AGENCY ,ATTORNEY KESSLER, AND CONCORD POLICE, THAT THE JUVENILE DETECTIVE D.GRAHAM WOULD INTERVIEW JESSE ANIS USE A VIDEO CAMERA AS REQUESTED BY-ATTORNEY KESSLER. THES PHONE TALKS W KESSLER,CONCORD POLCIE AND SUPERVISORY CONFERENCES TOOK PLACE BETWEEN 7/16 AND 7/22. ON 7/23/96 ,BEFORE THE POLICE INTERVIEW W JESSE, I DISCOVERED A DOJ ; FORM WHICH HAD BEEN FILED BEHIND A MORE RECENT DOJ FORM. THE FORK I DISCOVERED WAS FROM A MANDATED REPORTER WHO HAD TALKED TO RONNIE (7) WHEN RONNIE WAS AT W.C.HOSP. THE DATE OF REPORT WAS 5/5/96 AND IT WAS RECEIVED BY OUR DEPT ON 5/7/96. SINCE THIS CASE WAS NOT OPENED UNTIL 6/8/98 AND THE SUBJECT DOJ (SS6572) WAS RECEIVED OVER A MONTHE EARLIER I PRESUME THE DOJ WAS FILED IN THE CASE FILE WHEN THE CASE WAS IN CLOSED FILES. IN CHECKING PREVIOUS SSCREENING ENTRIES I FOUND THAT THE SUBJECT DOJ WAS IN CONJUNCTION WITH A PHONE REPORT MAD BY THE MANDATED REFERENT ON 5/5/96. THE REFERRAL WAS A:5SESD OUT AND DID NOT APPEAR ON THE EMERG. RESPONSE FERERRAL INFORMATION SENT TO THE E.R FIELD UNIT ON 6/5 AND ASSIGNED TO V.NIGRO ON 6/6/98. THE SIGNIFICANCE OF THIS 5/5 ASSESSED REFERRAL IS THAT THE REFERRAL INVOLVED COMMENTS MADE TO THE REFERNT BY RONNIE AS FOLLOWS: "RONNIE REPORTED THAT HIS MOTHER AND HER BOYFRIEND USE A BELT FOLDED IN HALF TO HIT THEM ON THE FACE,HEAD, HEAT) AND ARMS. RONNIE SAYS THAT THIS LAST OCCURED IN JANUARY" THE REFERRALSO INDICATED THAT RONNIE ATTENDS DAY TREATMENT AT W.C. HOSP AND HE IS IN TREATMENT FOR IMPULSE CONTROL DISORDER, CONDUCT DISORDER, DESTRUCTIVE BEHAVIOR,AND ACTING OUT. 7/2.3 -I PHONED AT'T'ORNEY KESSLER TO REPORT THE NEWLY FOUND ASSESSED OUT REFERRAL. I INDICATED THAT EVEN THOUGH THIS REFERRALL WAS NOT ASSIGNED, PUT TOGETHER WITH THE MORE RECENT REFERRAL ON JESSE WOULD NECESSITATE FURTHER REVIEW OF THE MATTER. I TOLD KESSLER SINCE THE MATTER IS UNDER ACENGY REVIEW I WILL HAVE TO GET BACK TO HIM RE. OUTCOME OF REVIEW. KESSLER SAID HE FELT HE MAY NOT WANT TO HAVE JESSE INTERVIEWED NOT KNOWING THE OUTCOME OG ADDITIONAL REVIEW. KESSLER SAID THAT EVEN THOUGH HE IS NOT THE ATTORNEY FOR RONNIE, HE SAID WE WOULD NEED A COURT ORDER TO INTERVIEW RONNIE. HE REITTERATED THAT NEITHER MOTHER OR HER L.I.B.F HAVE PUNISHED THE CHILDREN W A BELT AND THAT OUR INSISTENCE ON PURSUING WHAT CONSIDERS INVALED REFERRALS AMOUNTS TO A WITCHHUNT. 7/22-CONF. W MY SUP. WHO FELT WE WOULD NOT MAKE 'DECISION RE INTERVIEWING RONNIE AT THIS TIME BUT WOULD .DECIDE BASED ON INTERVIEW W JESSE. 7/24 T LEFT MSGE W ATTORNEY KESSLER RE WHAT SUP. SAID. 7/23 I RECEIVED A VOICE MAIL MSGE FROM MOTHER STATING THAT SHE AND HER FAMILY HAVE MOVED OUT OF THE COUNTY. SEE TRANSCRIPT OF THE VOICE MAIL. ALSO SEE COPY OF SCREENING NARRATIVE OF THE 5/5/96 PHONE REPORT ' I PHONED ATTORNEY KESSLER AND LEFT A MSGE RE THE VOICE MAIL MSGE FROM MOTHER. 7/24 -I INFORMED DET GRAHAM RE MOTHER'S MESSAGE. NOTE: I HAD FAXED HIM THE SCREENER NARRATIVE RE. THE REPORT ON RONNIE. //IIIIJ/Ilfllllll/flfl/fff//f//f llIISERVICE PLAN CLOSE. I WILL CONFERENCE RE ANY CLOSING ACTION TO BE TAKEN. I WILL ALSO CHECK TO CONFIRNM IF MOTHER HAS MOVED. NOTE; IN MY MSGE TO KESSLER I REQUESTED THAT HE PHONE ME. N1AE ZAGONE 7/24/98. . +,r,a+*+,►++++++***++t+,a+ �+++++*++*+*.�+*+,a+++++.�k++++r*t t*+++tw**++ADDITICINAL INFORMATION : PER MOTHER AFTER 2 RECENT INPATIENT EVALUATIONS ON JESSE HE IS NOW ON DEPICOTE AND TITRE HAS BEEN A 50% DECREASE IN BEHAVIOR PROBS. MOTHER RELATED AS FOLLOWS: JESSE WAS DIAGNOSED AS PSYCHOTIC . HE WAS PLACED W ROSADA AT 7 MO. OLD AFTER HAVING LIVED W NAT MO FOR 3 MONTHS AND IN PRIOR PLACEMENT FOR 4 MONTHS. JESSE'S MOTHER WAS A DRUG ADDICT AND HE WAS A FETAL ALCHOHAL BABY. HE HAD ALSO BEEN DIAG AS HYPERACTIVE AND HAD IN PAST TAKEN RITALIN WHICH WAS INEFFECTIVE. RONNIE(7) WAS PLACED W ROSADA AT 7 MONTHS OLD AFTER LIVING W MOTHER APPROX 3 MOONTHS AND PRIOR F.H 4 MONTHS. RONNIES MOTHER TRIED TO NSTARVE RONNIE ACCORDING TO ROSADA. RONNIE TAKES DEPICOTE. DANIEL (10) IS OK. MICHAEL (10) WAS A DRUG/ALCOHAL BAST AND (� SUSTAINED SOME RESULTINB BRAIN DAMAGE . HE TAKES QUANTQADINE ANIS IMPERA-�-------.ALL! T~ $tote o(Darwornia=rh d rottara Agency INVESTIGATION INFORMATION in scwrdwm vim Penal CO"Suction 11187,5 and* CWS Coss management 5y su" WfC 5ecfions 827 and 10M INdf+tl 00C Rev(12193) i>ege 3 of 5 ......... ......... ......... ......... ......... ......... .........1 ....11.....1. ....... ........ ............ ......... ......... ........ ..11....11. ........ ......... ........ ......... ......... ......... ......... ......._. _.... ......... ......... ......... ............. ................ CHILOSEM NAME CRLD LD.0 Daniel Russell 1199-4182-7568-1904962 R0wwku"d1- 0005-8521--2451--4021192 RM►.m�nte 46/03/1998 CHILDREN WERE ADOPTED -MICHAEL WAS ADOPTED VIA INDEPENDENT ADOPTION. MOTHER STATES SHE HAS GIVEN PARENTING CLASSES FAM STRESS CENTER. THER HAD BEEN PHYSICAL ABUSE ON THE CHILDREN BY ADOPTIVE FATHER IN 95 DURING VISATATIONS. FAM LAW SUBSEQUEST FAM LAW ACTION ORDERE SUP-VISITATIONS. COURT NOW IS IS ALL'WING UNSUPERVISED VISITS AS A TRIAL FOR 2 OLDER BOYS. FATHER HAD UNDERGONE THERAPY. ON '7/8 MOTHER INDICATED BOTH OLDER BOYS ARE TERRIFIED RE. NEW C.P.S. REPORT. DURING 7/8 INTERVIEW MOTHER COMPLAINED RE. 97 CPS/POLICE HOME VISIT WHEREIN POLICE TREATENED TO BREAK DOWN DOOR IF SHE DID DID LET THEM ENTER. SHE SIAD AFTER THEIR ENTRY THERE WAS NO SUBSTANTIATION OF THE ALLEGATION. SHE SAID SHE HAD BEEN ADVISED BY LAWYER NOT TO VOLUNTARILY LET CPS IN HOUSE. PER MOTHER THE LAW SUIT AGAINST SOC. SERVICE RELATES TO A CLASS ACTION LAW SUIT AGAINST THE COUNTY RE.SOC. SERVICE USING CHILRENS(PRESUMABLY JESSE'S SOC. SECURITY INCOME TO PAY FOR FOSTER CARE COSTS. AT FIRST I THOUFGT THE LAWYER WAS REPRESENTING MOTHER. LATER I WAS TOLD BY LAWYER HE REPRSENTED JESSE. BOTH MOTHER AND LAWYER INDICATED TO ME THAT IN ADDITION TO WANTING TO PROTECT THE CHILDREN FROM TRAUMITZATION BY CPS--THEY FELT THAT AN INTERVIEW OF THE CHILDRE MIFGT RESULT IN CPS ENTERING NEGATIVE INFORMATION ON THE MOTHER IN THE FILE WHICH MAY BE USED BY THE COUNTY AGAINST THE MOTHER IN THE LAW SUIT. ADDENDUM I SEE PHONE CONTACTS -7/27 TO 7/27 IN FILE -HAND WRITTEN AEDDENDUM II I HAD A PHONE CONTACT WITH REFERRENT WHO SAID HE/SHE HAD NEVER SEEN THE MINORS. HE/SHE REPORTRD BASED ON INFORMATION OBTAINED FROM ANOTHER PERSON. IN CONTACTING THE PERSON WHO ACTUALLY REPORTED, THE PERSON RELATED AS FOLLOWS-THE MINORS WHO HAD BRUISES WERE DANIEL 10 AND JESSE 6. IT SOULD BE NOTED THAT SINCE WE RECEIVED THE REFERRAL ON JUNE 3 AND SINCE JESSES WAS IN PATIENT AT W.C. HOSP. FROM 5/25 TO 6/11, I WOULD HAVE TO ASSUME THAT IF JESSE HAD BRUISES SEEN BY THE EYE WITNESS, IT MUST HAVE BEEN PRIOR TO JESSE'S ADMITTANCE TO THE HOST ON 5/25 INASMUCH AS HOSPITAL STAFF DID NOT FIND ANY BRUISING ON JESSE UPON HIS ADMITTANCE. THE BRUISE HE SUSTANIED AT THE HOSPITAL WAS SELF SUSTAINED PER HOSP. NURSE (SEE ABOVE) ADDENDUM III 8/26/39 CONTACT WITH NEIGHBORHOOD PERSON ,REFERRED TO AS N. (MOTHER'S NEIGHBORHOOD -CONCORD) PER N ON OR ABOUT 5/30/98 N OBSERVED BRUISING ON DANIEL'S NECK AND SHOULDER AND WHEN MOTHER WAS ASKED WHAT HAPPENED SHE RESPONDED THAT RONNIE (7) HAD DONE IT AND THAT RONNIE THAT RONNIE HAD $TOWARD HIS SIBS AND TOWARD MOTHER. MOTHER SAID "RONNIE WANTS TO KILL US" AT THAT TIME (5/30) N BELIEVES THAT JESSIE HAD GONE TO PSYCH. HOSP. N HAD NEVER SEEN BRUISES ON ANY OF THE KIDS BEFORE OR AFTER (THE 5/30 OBSERVATION) N HAD NEVER SEEN BRUISES ON JESSIE AT ANYTIME. pER N , ABOUT 2 WEEKS BEFORE THE 5/303 OBSERVATION, MOTHER TOLD N THAST DANIEL HAD FALLEN DOWN THE STAIRS . N SAW DANIEL ON THE FLOOR IN HIS HOUSE ANDS HE HAD HURT HIS ARM. PER N MOTHER HAS A 15 MONTH OLD CHILD FOR WHOM SHE IS LEGAL GUARDIAN. N SAID THAT JESSE AND RONNIE HAD BEEN EXTREMELY HYPERACTIVE AND DISRUPTIVE. HOWEVER FOR THE LAST SEV. WEEKS BEFORE THE FAM. MOVED AWAY, THE 2 BOYS (JESSE AND RONNIE HAD, BECOME REMARKABLY WELL--BEHAVED ANIS NOT AT ALL HYPER. 9/27 PER SUP. BOYLAN -CALL LINDA. CANON TO FIND OUT IF ADOPTION ASSISTANCE RECORDS SHOW MOTHER ADDRESS TO BE CONCORD OR TUSTIN. P/C TO LINDA C. LEFT MSGE. PHONE MSGE FRON LINDA C. ADOPT. ASSIST. FROG STILL SHOWS CONCORD ADDRESS, 1313 NEW HAMPSHIRE. PER LINDA LET HER KNOW WHAT WE WANT TO DO. , stats omw rresRa and of$oeirl&6�evkws u�ra e tiepartma+rt A ,cy INVESTIGATION INFORMATION ConrWonftl in sr 1kns wnh CWS C"*Man"on»xt tom Panel Coda S00ion!!167.6 md/or IN4NVDOC Ren(1?7Ef3) WIC Sections$37 and 40(J50 Rags 4 oi5 _ _.._. ......... ......... ......... ......... ............_.. ... _ .......... ..._...... ......... ......... ............. ...... ....... ......... ......... ......... ......... ......... .......__._. _ _ _... ......... ......... ......... ......... ......... . . ............ . ... ......... CRWt MN)HAMS 040-D Daniel Russell 1199-4162-7566-1000462 0005-8521--2451-4021192 R rrrwt5we tI03/1998' ADDENDUM IV 8128198 PIC TO REF WHO MADE THE REFERRAL RE. RONNIE IN 12/97. REF RELATED AS FOLLOWS: NO MARKS OR .BRUISES EVER SEEN ON RONNIE. RONNIES COMMENTS WERE THOUGHTO TO BE TRUTHFUL. I HAVE ALSO TALKED WITH RONNIE'S TEACHER WHO INDICATED THAT RONNIE' IS USUALLY FAIRLY WELL-BEHAVED AND NOT AGGRESSIVE. I OBTAINED INFO. FROM THE REE` OF THE 2ND REFERRAL WHICH WAS TAKEN ON 515/98. THIS REF ALSO SAID THAT RONNIE'S STATEMENTS WERE THOUGHT TO BE TRUTHFUL. State if tent Of$0 m So wui w�rr�re INWI~STI GATK?N INFORMATION Co-wentM�,a�xoMenm„fth 4eperUnent Of Soataa CI V$case mwogwwm System Penal Ufa Ssclton 11167 S wWor tN4NVCKC Fier(12193) wfC SecWft 627 wed 10850 Pao*5 of 6 ...................... .......................................................... .... ......... . . . .............................................................................................................................................................................................................................. ........................................................................................................ EXHOIT"B't ................ .. ......... ............... DECLARATION OF RICH PFEIFFER I, RICH PFEIFFER, declare. 1. I am an attorney licensed to practice law in the State of California. 2. I was the trial attorney who represented Rosada R. m her dependency case, superior court nos.: 398-01981; 398-01982; J98-01983; and J98-01984- 3. 8-41984.3. I was informed by Mother, that after the police left a message on her answer machine to meet them at the front door,that the children overheard the message and became extremely frightened that they might be taken from their home. 4. I learned Mother moved to Orange County and currently resides there with her cousin in the City of Tustin. Mother relocated on July 16, 1998,when she became frightened of what the Department might do to her family. 5. I learned through Mother that the first visit to Mother's home by the police and the Department resulted in an entry when the police and the Department threatened to break through her front door in the presence of the minors. A.thorough search,looking for anything that might be considered abuse, including a search of the refrigerator to see if Mother had milk,resulted in nothing,to verify the Department's claim of abuse. The Department and the police had no warrant to search Mother's home. 6. I listened to tape recordings from Mar. Darren Kessler's telephone answer machine whereby social worker Zagone apologized and stated: `Ve did not have probable cause to require Mother to be forcedto an interview,"after the second incident,with the police 1 ......... ......... ......... ......... ......... ......... ......... ......... ......_.. ....... .......... ......... ......... ......... ........ ......... ........... ....... ......... ......... ......... ................... _._ ......... ......... ............ ...... ......... at Mother's home. 7. After the August 25, 1998, court date, Mr. Zagone told Mother and myself that he was glad mother girt an attorney and filed a demurrer in this action. He was happy to see Mather stand up for her rights. He also asserted that this case proceeded by the orders of staff and that he did not concur. 8. Mr. Kessler informed me that each member of the class action suit has been harassed by the Department. 9. Patricia.Smith, of the Department, famed me an amended petition can the afternoon Of August 28, 1998. I telephoned Ms. Smith and she made clear that the original petition had been dismissed against all of the minors. Ms. Smith then pointed out that she did not sign the amended petition. 10. As Mother's counsel, I faked a second demurrer to all parties on August 31, 1998. 11. Minors' counsel interviewed the minors on August 31, 1998. Minors' counsel told the court he didn't feel the mincers were hit with a belt or abused in any way. He felt the minors were reliable and not rehearsed when he interviewed them. Minors' counsel requested the court to sustain Mother's second demurrer. 12. The juvenile court ordered Mather to cooperate with the Department's interrogation of the manors or be held in contempt of court. 13. The juvenile court stated a family in a dependency proceeding has no privacy rights. 2 _...... ......... ......... ......... ......... .................. ........_...._.......... ..._.... ......... ............... .... ....... ......... ......... ......... ......... ............. _. __..._.. ......... ......... ......... ......... ........... ....................... ........... 14. The juvenile court ruled there was no conflict of interest just because a member of this family was a member of a class in a suit against the Department. 15. The court never.heard Mother's request for sanctions against the Department. I declare under penalty of Perjury under the laws of the State of California that the foregoing is true and correct, and this declaration was signed in Tustin,California on September b, 1998. RICH PFEIFFER 3 ....... ......... ......... ......... ......... ...........__... . ..._ ....._ ._... ........... ._....... ......... ......... .......... .. ...... ........ ......... ......... ......... ......... ......... ................ .. ......._. ......... ......... ......... ............... . ......... EXHIBIT 6603 Daniel Russell 1199-4182-7568-1,000462 " 000.5-8521-2451-40211.92 ADDENDUM IV 8/28/98 P/C TO REF WHO MADE THE REFERRAL RE. RONNIE IN 12/97. REF RELATED AS FOLLOWS: NO MARKS OR BRUISES MR SEEN ON BONNIE, RONNIES COMMENTS WERE THOUGHTO TO BE TRUTHFUL. I HAVE ALSO TALKED WITH RONNIE'S TEACHER WHO INDICATED THAT RONNIE IS USUALLY FAIRLY WELL-BEHAVED AND NOT AGGRESSIVE. I OBTAINED INFO. FROM THE REF OF THE 2ND REFERRAL< WHICH WAS TAKEN ON 5/5/98. THIS REF ALSO SAID THAT RONNIE'S STATEMENTSWERE THOUGHT TO BE TRUTHFUL. 8/28-p/c to school psychologist for Jessie SUNRISE SCHOOL. PSYCHOLOGIST NOT .AWARE OF ANY PHYS. .ABUSE OR SUSPICIONS OF PHYS. ABUSE BY M0.,SIBS, OR ANYONE ELSE. PSYCHOLOGIST WAS AWARE OF JESSE'S HOSPITALIZATION. 8/28-P/C FROM CPS SCREENING SUPERVISOR -GES-ORANGE COUNTY RE. OUR REQUEST TO MAKE CONTACT AT MOTHER HOME IN TUSTIN TO INTERVIEW CHILDRE. SUPERVISOR DAVIS MILLER-714- 938-0289. HE WILL ASSIGNE AS AN IMMEDIATE PER OUR REQUEST FOR INVEST. TODAY 8128 OR MONDAY 8/31. , 9/l/98 P/C FROM CPS WORKER ORANGE COUNTY. HE HAD GONE TO THE E. NSSSON ADDRESS WE PROVIDED ON FRI. 8/28. PER CPS WKR. ( DANNY DERKSON (714)704-8605) A WOMAN ANSWERED THE DOOR AND SAID SHE WAS ROSADA'S COUSIN AND THAT ROSADA AND FAMILY WERE ON VACATION. ON MONDAY. 8/31 MR. DERKSON RECEIVED A PHONE CALL FROM MOTHER'S LAWYER WHO TOLD DERKSON THAT MOTHER (OR FAMILY) WAS IN CONTRA COSTA COUNTY FOR THE TUESDAY HEARING. State of Cet#tr a rte« ', WOW*Agwy INVESTIGATION INFORMAMOR conWeaw in mmordenm vat, 00pettment at s0owt vorvicom Peml co"swticm 11 167.s wd w cvvs Case m1tT4eventerA sv%w" WIC Sections$27 end 10550 IN-tNVDOC Rev(IM) PgSet fi td 5 ........................................................................................... ........ ..... ........................................................................................................................................................................................................................... ................................................................................................................. EXHIBIT ceps' ............ _. ............................._.............._...._...._.._........................................................................................ ....................... ..................-_.... ........ . ..... ...........__........_.__............................... .._..__.... ........ 4 VICTQ^ J.WESTMAN DEPUTIES: COUNTY COUNSEL PHILLIP S.ALTHOFF JANICE L.AMENTA B.REBECCA BYRNES SILVANO B.MARCHESI CONTRA COSTA COUNTY ANDREA MbNIKA L..COOOPEROPERV ASSISTANT COUNTY dVICKIE L.DAWESUNSEL OFFICE OF THE COUNW COUNSEL MARKE S.ESTIS MDH SHARON L.ANDERSON NETD,UjII ASSISTANT COUNTY COUNSEL COLiNTY ADfi1tNISTRATtON BUILDING DENNIS C.GRAVES 651 PINE STREET,9th FLUOR JANET L.HOLMES MARTINEZ,CALIFORNIA 94553-1229 KEVIN T.KERR GREGORY C. HARVEY BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE.JR. MARY ANN MASON PAUL R.MUI IIZ GAYLE MUGGLI -- PHILIP J.NORGAARD OFFICE MANAGER VALERIE J.RANCHE DAVID F.SCHMIDT DIANA J.SILVER PHONE(925)335-1800 BARBARA N.SUTLIFFE FAX(925)646-1078 JACQUELINE WOODS NOTICE OF INSUFFICIENCY ANDLOR NON-ACCEPTANC OF CLAIM TO: Michael D. Ranahan R.anahan Law Corporation RE: CLAIM OF: Pamela and Justin Eckhart 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: [X ] 1. The claim fails to state the name and post office address of the claimant. [x ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [x] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [x ] 4. The claim fails to state the name(s)of the public employee(s) causing the injury, damage, or loss, if known. [x] 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 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 CERTIFICATE OF SERVICEBYMAI (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;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,seated 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: December 24, 1998,at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 ....................................................................................................................................................... .... ......................................................................... ........... IVY ->RANAHAN LAW CORPORATION Terrence D. Ranahan Attorneys at Law Telephone:(925)938 9000 Michael D. Ranahan 1850 Mt. Diablo Boulevard,Suite 320 Facsimile:(925)939 8331 Walnut Creek, California 94596-4492 December 1, 2007 Sharon Hymes-Offord Contra Costa County 2530 Arnold Dr. , Ste. 140 Martinez, Ca. 94553 2 Re : Clients : Pamela and Justin Eckhart ` Insured: Contra Costa County D/Loss : 12/10/98 flRS Claim: 41098 Type/Claim: Public Liability Dear Ms . Hymes-Offord: It has come to my attention that you are the insurance carrier for the above named insured. Please be advised that a claim for damages is hereby being made on behalf of my client for injuries arising out of the above stated accident, and that I have a lien on my client' s cause of action and any recovery thereunder. Will you please advise this office in writing that you have coverage in this matter and, if so, your policy limits . Request is hereby made that you forward to me a copy of any statement obtained by you or your principals of my client and also advise me of the names of any witnesses known to you or your principals. I trust that the above requests are in order under the present state of the law, and that it will not be necessary to utilize the discovery procedures for this information. In the event medical or wage loss authorizations have been extended to you, please consider any such authorizations to be rescinded. Pursuant to California Insurance Regulations, Section 2695 .2 (c) , I enclose my client' s written authorization designating my corporation to handle their personal injury claim arising out of the above stated accident . I do not have sufficient medical information at this time to discuss settlement, but I will be pleased to do so when this information is available . Thank you for this courtesy. Sincerely, MICHAEL D. RANAHAN MDR:ms/Enc . RANAHAN LAW CORPORATI©N Attorneys at Law Terrence D. Ranahan Telephone:(925)938 800(1 Michael D. Ranahan 1850 Mt. Diablo Boulevard,Suite 320 Facsimile: (925 )939 8331 Walnut Creek, California 94596-4492 Pursuant to Section 2695 . 2 (c) of the California Code of Regulations, Title, 10, Chapter 5; I authorize RANAHAN LAW CORPORATION to handle my personal injury and property damage claims ` � arising out of my �~"�°" a ( 1 (Cy' g , loss . This authorization shall be valid unless revoked by the undersigned. Any and all prior authorizations are hereby revoked by the undersigned as of the date of this authorization. DATED: (PRINTED NAME) RANAHAN LAW CORPORATION Terrence D. Ranahan Attorneys at Law Telephone:(925)938 8000 Michael D. Ranahan 1850 Mt. Diablo Boulevard,Suite 324 Facsimile:(925)939 8331 Walnut Creek, Califomia 94596-4492 Pursuant to Section 2695 . 2 (c) of the California Cade of Regulations, Title, 10, Chapter 5; I authorize RANAHAN LAW CORPORATION to handle my personal injury and property damage claims arising out of my 1-�'` I C 'ctr loss. This authorization shall be valid unless revoked by the undersigned. Any and all prior authorizations are hereby revoked by the undersigned as of the date of this authorization. DATED: (PRINTED NAME) _...... ......... ......... ......... ......... ......... ......... ......... ......... ... ... ............_............ .._...... ......... ......... ......... ......... ......... ......... ......... ......... ......... CLAIM G/l BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY .AI.1 EQRNIA BARD AMtl� , January 19, 1999 Claim Against the County, or District Governed by ) the Board of &Prvisous, Routing Endorserrlents, } 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. } notice of the actio taken on your claim by the Board of Supervisors. !Paragraph IV belov4, given pursuant to Government Code Section 913 and a 915.4. Please note all "Warnings" AMOUNT: Unspecified DEC 16 1998 CLAIMANT: Elsa P. Moore MARTINEZ CALIF- ATTORNEY: DATE RECEIVED: December 14 1998 ADDRESS: 5107 Comanche Ct, BY DELIVERY TO CLERK ON: December 14, 1998 Antioch, CA 94509 BY MAIL POSTMARKED: Hand-delivered L FROft- Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. December 16 1998 PHIL BA'rCHELOR, Clerk Dated: By: Deputyr II. FRO4- County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (�,,J-fbis 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:- - J-2 -17-1.e- By: � C Y, 't----• Deputy County Counsel U1 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: t _ 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 Cade Section 945.6, You may see., the advice of an attorney of your choice! in connection wish this matter. If you want to consult an attorney, you sho. kE so immediately. *For Warning See Reverse Side of This, Notice. AFTM)AVff G4 *>%JjX I declare under penalty of perjury that 1 4m, now, and at all tint.,=s herein mentioned, have been a citizen of the United States, over age 18; and thric today I del- :,ited in the United States Postal Service in Martinez., California, postage fully prepaid a certified copy of i.kis Berard 0� ,.1 and Notice to Claimant, addressed to the claimant as shown above. Dated: - By: PHIL BATCHELOR ByDeputy Clerk CC: County Counsel County Administrator VICTOR J.WESTMAN DEPUTIES PH#CLIPS.ALTH{}FF COUNTY COUNSEL JANICE L.AMENTA 8.REBECCA BYRNES ANDREA W.CASSIDY SILVANO B.MARCHESI CONTRA; COSTA COUNTY MONIKAL.COOPER ASSISTANT COUNTY OUNSEL VICKIE L.DAWES OFFICE OF THE COUNTY COUNSEL MARKS s.ESTIS MICHAEL D.PARR LILLIAUJII SHARON L.ANDERSON COUNTY ADMINISTRATtON BUILDING DELI T..GRAVES ASSISTANT COUNTY COUNSEL 651 PINE STREET,9th FLOOR JANET L HOLLMES MARTINEZ,CALIFORNIA 94553-1229 KEVIN T.KERR GREGORY C.HARVEY BERNARD L. N ASSISTANT COUNTY COUNSEL EDWARD V,LAANEE,,J.l R. MARY ANN MASON PAUL R.MUNIZ GAYI E MUGGL{ PHILIP J.NORGAARD RANCHE OFFICE MANAGER DAVID F.J.HMIDT DAVID F.SCHMIDT DIANA J.SILVER PHONE(925)335-1900 BARBARA N.SUTLIFFE Q FAX (92 646-1078 JACQUELINE Y.WOODS NOTICE OF INSUFFICI_E-C AND/(/ NON-ACCEPTANCE OF +CLAIM TO: Elsa P. Moore RE: CLAIM OF: Elsa P. Moore 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: [X ] 1. The claim fails to state the name and post office address of the claimant. [x ] 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. [x ] 4. The claim fails to state the name(s) of the public employee(s)causing the injury, damage, or loss, if known. [x ] 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. [x ] 6. The claim is not signed by the claimant or by some person on his behalf. [x ] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. Page 1 Claud 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`a day after the accrual of the cause of action. Claims relating to causes of action for death or four injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,most be presented not later than six months after the accrual of the cause of action. Claims miating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code§911.2. ) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be Filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec.72 at the end of this form. RE: Claim by 3 Reserved for Clerk's Filing Stamp MgEIVED Against the County of Contra CostaIwo or District) MUTRA LOSTA CO, (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S and in support of this claim represents as follows: 1. When did the damage or jgjux3LuccW (Give exact nate and Hour) _ k�o _ _ _� _--_ .-_----_- .--------------- ----------------------- 2. ------------ -__ __ _-__.-__-__--- 2. Where did the damage or injury occur? (Include City and County) -a--- = *= =_ ----------------- 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 are the names of county or district kers,servants,or employees causing the damage or injury? ----------------------------------------------------------------- --_ - &. What damages or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage:) ------------------------------------------------------------------------------------- 7. How was the above claimed amount computed? (Include the estimated amount of any prospective injury or damage.) S. Namcs�and addresses of v itncs ws,,doctors,and hospiitals. 9. -List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT �- -q it * a * # Yt * * * * * * a * � * * * * ata * * # alaxx4 � lkak * st * tk * a�7k * Rfn�� !2 * * its * * it * Gov. Code Sec.910.t=claimapt'� "The claim mint be ; SEND NOTICES TO. (Attorney) or by some person on . 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($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($10,400), or by both such limprisonment and fine. Isz 1,liik£i 4 GItIJItGAL CEN l L#i l5+I(} }; (bi.,CUNUUHU,CA X14 rLfi ti F-U,OUA 41 W,WI4,;UHU,"'A ziy ro&4•4i iii EMERGENCY DEFT. ` ' Prescription k. Patient Identlftoatlon: 11 PETER TOM G34760 7632563 t3 ROBERT ARGAND 1130 G22509 NMWW © MICHAEL BUCHELE 6029252 s719s05 OQR .ELSA 678265 538967 1165907 ERE RGENCYAEP&RIKENT• ND 11 SAMUEL GLASSNER G06852S 197'1686 CI LELAND MEW G49960 2519102 0 STUART SHIKORA G42847 9423954 T I IONS AS Mr 1800/11 i�'98 p F , -3- RX IStSP. SIG: k OF REFILLS 3 4 jJ(( TOTAL NUMBER PHARMACIST MAY SUBSTITUTE CHECK OF MEDICATIONS GENERIC IFOUt ALENT Bo UNLESS THIS BOX IS CHECKED SIGNATURE OF PHYSICIAN - DATE REr=o ILLS DISCHARGE DIAGNOSIS OR ASSESSJM_ENTI 4 Cyt ClC t o `,` • ; .: »:�. . :..:.._ w.,:.._. Discharge I` Instruction Sheets z ❑ HEAD INJURY ul ❑ LACERATIONS SPRAINS/CONTUSIONS ❑WOUNDS-BURNS-BITES ❑ BACK 8 NECK INJURY rn ❑SORE THROAT&"FLU" r to ❑ FEVER ❑ABD PAIN-NVD WORK RESTRICTIONS: Follow up In days with: p Your X-ra s were read b the Emergency L! No use of Y y g y ❑ L1T1 :1 No lifting over ❑ Your primary care MD I Provider Physician anti will be reviewed by the Radtoiogist. ❑ EAR INFECTION' t-1 NO: pountfs ❑ DR. Call the Emergency Dapartment Triage Nrarse at 874-2334 for results of: C'1 CAST CARE I7 bending Q squatting 0:`Call Your Health Plan for referral CYour company's sitting 11 standing ❑ Yocompany's MD 1 Clinic 1 Choice X-RAY(s) C7 Cultures ❑ Lab Tests FA PID-GC-NG U LJ pushing ❑putting ❑ OCC Mad/HFI(885-7744) C1 Use as discussed: ❑ EYE 0twisting ❑driving I7 sling 0 splint CI cane ❑ POISONS-DRUG O.D. 17 shoveling ❑ MD from this referral list s ❑climbing ( ) CJ overhead reaching f] crutches [Igloves F.1 dressing ❑ CHEST PAIN �} eye patch ❑ HEALTH C_l operating dangerous machinery ❑ Contra Costa County Clinic: 37o-5oo Ci Other: D OTHER CJ EXERCISE Keep wound/dressing clean and dry [} 3MMUN17-ATION INFO. DATE"� �p {D Ca Suture removal in days [] CROUP Call MDMC MD Referral Service ❑ Medication may cause drowsiness: (874-2450)for ❑ use caution in dangerous areas or ElOTHER: "— around dangerous equipment (Type of Provider) [A no driving while taking medication RETURN TO THE EMERGENCY DEPT. IF ANY PROBLEMS OCCUR AND YOU ARE UNABLE TO SEE YOUR REGULAR OR REFERRAL DOCTOR I ACKNOWLEDGE RECEIPT AND UNDERSTANDING OF THESE INSTRUCTIONS,INCLUDING INSTRUCTION SHEET(S)CIRCLED ABOVE,&WILL OBTAIN FOLLOW UP CARE:AS DIRECTED SIGNATURE OF ATE TIME-DISCHARGED DISCHARGED BY PATIENT Xy ; AM)�P r �/ DISPOSITION:C1 HOME{ACCOMPANIED B ) ❑ WORK l ADMITTED TO M.D.M.C.TO DR. ❑ TRANSFERRED TO VIA DR \ ' 11 POLICE ❑ 51.50 ❑ AMA CONDITION ON DISCHARGE COPY PHYS .IAN C3OU1? FAIR POOR SHOCK EXPIRED TO M.D. 'J/. C. X-1rFORM 74755 (1?!b7) e,4. SIGNATURE lk i F)olF 1 r 6��rf .f I•'= `1t I�P,.9n T. Finanblal Agreement l The undersigned agrees,whether he/she signs as agent or..0 patient,that in-to nsicferatlrstt.isf the.services tO be rendered to the patient, -helshe hereby individually obligates himself/herself to . < hvspltaE.Should the account be referred to an attorney or collection agency for,ollect „tiaein acco�undprs grad shah pe actual conartwwth Olegular rates and ey of the s fees and collection expenses,All delinquent accounts shall bear interest at the legal rate,>- ,., S. Assignment of insurance Benefits The undersigned authorizes, whether<tie/she signs as agent or as patient,direct payment to the hospital of any insurance benefits t otherwise payable to or on behalf-,of thWpatient for this hospitalization or for these outpatient services, includingemer l rendered,at a rate not to exceed the hospital's actual charges.it is a reed'that :cervices if an insurance companyg, 9 payment lathe iisispl3al,pursuant to this'authorization,by shall discharge said insurance company of oily arida#{vbligatiOns under a#it3tley to the extant of succi payment.It is understood by the undersigned that he/she is financially responalble for chartdea not paid pursuint to this'assEgnment. 9. Health Care Service Plan Obligation 1 This hospital maintains a list of health care service plans with which it contracts.Alis#:pf.sucFlslen&;:ls avaiiabte-.0 Business or Admitting office.The hospital has.no contract express or implied;with any plan:thatticee not. pan:request from the nth signed agrees that he/she is Individually obligated to pay the full charges oi:ail services.tendered to:,himlEz+�reby�the hOispital e.0 she belongs to a plan which does not appear on the above mentioned lista 10. Health Maintenance Organizations i Health Maintenance Organizations(HMO) require that the assigned primary care physiclari be notified emergency room. >_ prior to receiving services in an I may receive services in the emergency room With,-or-without this notification being given",1 dv understand that my HMO may deny payment if,after medical review,the HMO deems these services to be non-emergent: If the services are determined to be non-emergent and payment is denied l understand that M# Diablo Medical Center Will bill me for .t services rendered. t understand this requirement and have chosen to proceed with the services 11. 'Medicare Patient's Certification.Authorization to Release lrrformatlyn and i'ayMe ntRegi I certify to the best of my knowledge,that the information givan`to this faclli fcr the ` i authorize any holder of medical and other information about me to release to the So l'aslesecun Adminiatration and/or#tfnt,is accurate e�Medicare Program or its intermediaries or<:artiers or to the Professional Review tar claim.!re oast that a ganizations any u iformatipr;needed for this ora related Medicare q p ymennt of t horixed benefits be made,on"my behalf 12:• DURABLE POwER.OF ATT©iNE1F(DPA)FOR HEALTH CARE([htcume+litlori irad # nformation �$} A. t provided to p (ft3rNa1 ..:. " �« >�idutf.i , j . :s t , B. []Yes Patient has prepare$". . A for Health Care Decisions/Living WiltM. 1) Copy placed inch ( fietl Y 2) if CPA in priory ifRefer t lent will_pfovide ti+S * ' { gG1as4i 00at) ( [�No Patient does not haves PA for Health Care Decislons/Living Will. { Patient desires adds` otrrlatiOn or assistance , YgaNq, ' h l If Yes "Refer to rr Jj [J Unknown-Unable to determl' t time of admission.*'Aefer tcr'StiClaf Beilrl> ► ` ' A ` The undersigned certifies that he/she read the for in�,r s copy,der } ' 5 { or is duty authorized by the patio ag patient s general age�{to exec leu � l Jae patent sfei rgpregentative, �e.anri terms, Date; Time: A.M. E?M. Signature aw- signed --- if by:Othet than patietxt,d , . (patiB p" n 'CgftS9rYt8�01� y Witness: .✓r,," Flnanclal,Ftaajsp�bl1 .. p A Y Pers"Othe �tltit Pa#errl cit r, - faatitre I agree to accept financial res ' ,pom r services roni f t�3 e'3 Lien# #e w meet of Insurance Benefits,Health "$erzrice`pyelo C?til and i<leaith} u° i trivial Agreement,Assign- ot t i " g; }�r�svlsions above. Date: ' M. e ' { R T { Pfvl. 2 5igYtttfre. Witness: A CC3l:+' THJS DOCUMEKT Sl ap BES PATIENT AN ANY OTHER PERSON WHO SiGWS 1, Consent to Medical and Surgical Procedures The undi3rsigned consents to the prose#tares which may be perforfraeci'dWrliig thrs' 9spltalizatrgtt#tit on ori outpatient basis; including emergency treatment or services,whicF►may`Inc#ude iau#are riot Ilmlt t ttlfab ratoty,proc funlnations,rr#acfi t ter surgical treatment or procedures,anesthesia,til hospital services rendered#l�a`patient Wnder`the general'and special':instructions of the.patient's s physician or surgeon.The undersigned consents to the taking of pictures necessary:forttte rite l'ot'surgical'condition or treatment,and the use of the pictures for medical,educational or research purposes, ; 2.- Nursing..Gare Thishos only general duty nursing care unless,upon orders>of the:patients phys�ivthe,patient Is provided more intensive nursing care.If the patient's condition is such as to need the service of a special duty,attm it lsagreedthat such;must be arranged by the i patient or his/her legal representative.The hospital shall In noway be responsible.for,toaA,ire.to;proal.dathe same and is-hereby released t from any and all liability arising from the fact that said patient is not provided with such additional ckice I 3. Legal Relationship Between Hospital and Physician t All physicians and surgeons furnishing services to the patient,including the:`radlologlsi,pathologiSt anesthesiologist, and the like, are independent contractors with the patient and are not employees of agents pf the tioapltal Pd E NC TJE their fees are not included as 3 part of the hospital bill.A list of these contract physicians will be provided upri regWesf j The patient is under the care and supervision of his/her attending physician and it is;the respo"sb0ty:of:the#bsp#taf and its nursing staff to i carry out the Instructions of such physician, It is the responsibility of the patient's physician or surgeon to obtain the patient*s informed consent,when required,to medical or surgical treatment,special diagnostic or therapeWtic procedures/qr#. spit services tendered the trent under the general and s patient g easel instructions of the physician. 4. Trainees This hospital conducts training programs for health care professionals.On:occasion;,these persors� nay be observing or participating in the hospital's treatment program.These trainees will be under the direct supervisronsof ircgrisedtprofsaloCials.If you have any questions regarding this program,please contact the Vice-President for Nursing Services 5. release of Information t; Upon inquiry,the hospital may make available to the public certain basic Information amu##h ""ll, studio name,address age,sex, h >p g r. .9 general descrip#ion of the reason tier treatment(whe#her an injury,burg,pitisc ln9,or,c3, r pot#ri# c s,. tat nature bf the'injury,burn, $#< poisoning or other condition,and general cothdition, lithe patient or p8ttiet#'a"lag l�fep i of r ^neat>want such 3rrformatlon to be t "fele ased, he/she must make a written request for such information to be w#th &c T-t apl dirithrrnt patient's legal representative may obtain a separate form for this purpose upon request. ` The hospital will obtain the patient's consent and his/her written authorization tib release informatlon;`ofh*than basic information,concern- in the patient,except in those circumstances wfien the hos ilei is ermined br re aired 9 p p p p q farw4o releasat In€ormation, The undersigned agrees that, to the extent necessary to determine liability for payment and tch obtain reimbursement, the hospital may r y r. disclose portions of the patient's record;Including his/her medical'tecords�to any lorson zir i>Y,titin Wltici f is or Y be liable,for all or any portion of the hospital's charges,Including but not limited to insurance companies;helc*mas plans,'workers"compensation carriers, Social Security Administration, or its,intermediaries. Special perrpission:is:needed tc��ra> ease this,information,if the patient is treated for alcohol or drug abuse. In the event the patient will undergo implantation of a medical device,the.hospital maty;make available,tp tho.device.-manufacturer Identify- Ing patlent'information,including social security number;If the patient pr the 1:46rjt's "61#- i t #jve si4es:nof want�lj social security number to be released,he/she trust make a written request for it#o be wit/Fie#s l he pa#iens :imay obtain a separate form for this purpose upon request;the form is available in the Admitting Depart' . 6. Personal Valuables It is understood and agreed that the hospital maintains a fireproof safe for the safekeeping of money and valuables,and the hospital shall not be liable for the loss or damage to any money,jewelry,documents,furs,fur coats and tui'~gar-ini iits dtvtt'ier articles of unusual value and small size, unless placed therein, and shall not be liable for loss or damage to any`either"perscihait'`pioppity unless deposited with the hospital for safekeeping.The liability of the hospital for loss of achypersonal property which I8 4opo 11 wi#Pi.the hospital for safekping is limited by statute to five hundred dollars{$500.00}unless a written receipt for a greater amount has/seen obtained from the hospital by the ._......patient. ,AMT. DIABLO MEDICAL CENTER John �.Wri l t. Diablo Ia rlth Sysrt n ;" 4 2540 tease Streer * P.(--).Box 4110,Conco d CA 94524-44110 �9 30 1oo - CONDITIONS OF ADMISSION/ CONSENT FOR TREATMENT �y fay i 73730(71913) iMPFHW AREA $ t Patients writ be accepted for care and assigned is services without iegard to zees,athr>{c#ry,set4giort rtaSiorial orvn d tzenshyp Lige gander,sexual mes,t Wpso existing medical condition,physical or mental handicap,insuroo }� PATwNT COPY - COUNTY OF CONTRA COSTA AE 0. E B. . 14CC1©ENT'AS SE3►QI�I AS - �� + 4 111 IIW4 1 .yay PUBLIC LIABILITY ,ACCIDENT 1"111VISTRATOR'S QFFICE ' OTHER THAN AUTOMOBILE) <� Pine Street , t # !# 7i i - DATE OF ACCIDENT THEA' - . ACCIDENT PLACE r DESCRIPTION 41c&, 1 ,d.,�- 1? !` , 0 ACCIDENT J U �•R..c.r" �� Ei-'�/�,,� �'r. k _ il�-. I �'� � t i ]NAME STREET ADDRESS Cfr •" STA£ TEL NE OCCUP TION ✓ De'Y'T �z � WHAT WAS INJURED DOING WHEN HURT?THE -.. INJURY. G i to t NATURE AND EXTENT OF IN WHERE WAS#NauaEQ TAKPN AFTER A tDEN � NAME OF QOCfC3R OR HOSPTi { A!a OWNER r 2 PROPERTY K#ND of PROPERTY AND EXTENT OF DAMAGEWE 4 ` DANIAGE z ESTIMATED COST OF REPAIR s r ` NAME °1 AZk JJ'.fJ A E55 TELEPHpN NAME r rEtf+ NE } 11tfTN55E5 AQDaESS r t x. ;c NAME ADD ESS ' DATE S#G UROF REPURTiM PA Y SIGNATURE Of SUPERY1SCsR DEPA i�NT TO BE cap PL M Bir INV A7t� BY WHOINVESTIGATED : DATE '' j) ':, COMPLAINANT'S STATEMENT ., !. COUNI J 2. I N V ESTI STATE WHETHER OR NOT YOU THINK CLAIM WILL 6E MADE GATION OF REMARKS AND RECOMMENDATIONS � r ACCIDENT r POLICY REPORTP WHERE. �* RETAIN CO PY FOR YQUR ALES CLAIM Cll am AM January 19, 1999 Clam Against the Cowty, or District Governed by the Beard of Supervisors, Rcwting Endorsements, WITICE TO CLAIMANT and Beard Action. Al Smtion references are to } The mpy of th;s dommm mailed to you is ycw California Governrrvnt Codes. } notice of the actiontaken an your claire by tl,2 Board of Supervisors. (Paragraph IV belo , given rst. t to Covaznment Code Section 913 918.4. Please note all 'Warnings". Exceeds $1O,0OO.Oo G E C 1998 AMOUNT. COUNTYCOUNSEL CLAIMANT: Matthew Charles Nicholas MART11 EZ CALIFa ATToRNF Steven A. Reaves DATE RECEIVED December 21, 1998 Cwilliam, Ivary, Chiosso, Cavalli ADDRESS: & Brewer BY DELIVERY TO CLERK C3N: December 21, 1.998 1999 Harrison St. , Ste. 1600 Oakland, CA 94612 BY MAIL POSTMARKED: Hsnd-delivered L FROf Clerk of the Board of Supervisors M. County Counsel - Attached is a copy of the above-noted claim. PHIL !AMOI;� Clerk bated: December 22, 199 3 By: Deputy IL FROft County Counsel 'TO: Clerk of the Board of Supervisors. { y )'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 claire (Section 911.3). £ ) Other: Dated: ' By: Deputy County Counsel 11L FRM- Clerk of the Board TO. County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV. BOARD ORDER By unanimous vote of the Supervisors present: (fit) 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: t I'IIIL BATCHELOR, Clerk, By v ► 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 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 Darning See Reverse Side of This Notice. AFFIDAVIT OF MAUJNG 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: ,.. 1_ By: PHIL BATCHELOR By (). ., Deputy Clerk GC. County counsel County,Administrator .........I...I................................................................................................ .....................................................-... GWILLIAM , ( VARY , CHIOSSO , CAVALLI & BREWER ATTORNEYS AT LAW J.Gary Gwilliam A Professional Corporation Mailing Address Eric H.Ivary 1999 Harrison Street,Suite 1600 Post Office Box 2079 James R.Chlosso Oakland,California 94612-3528 Oakland,California 94604-2079 Steven R.Cavalli Phone 510.832.5411 Steven J.Brewer Marguerite E.Meade Fax 510.832.1918 Steven A.Reaves Contra Costa Office Molly C.Harrington James A.N.Smith Phone 925.820.0335 December 21, 1998 VIA HAND DELIVERY Clerk, Board of Supervisors 651 Pine Street Martinez, CA 94553 Re: Claim of Matthew Charles Nicholas Government Code §910 Dear Clerk: Enclosed please find an original and one copy of the Claim Against the County of Contra Costa filed on behalf of our client, Matthew Charles Nicholas. Please sign the Acknowledgment of Receipt of said Claim on Page 2 and provide the signed copy to our messenger. Thank you for your assistance in this matter. Very truly yours, GWILLIAM, IVARY, CHIOSSO, CAVALLI& BREWER N A . REA S SAR/am Enclosures ................................................................ CLAIM AGAINST PUBLIC ENTITY COUNTY OF CONTRA COSTA COUNTY TO: THE MEMBERS OF THE BOARD OF SUPERVISORS, COUNTYOF CONTRA COSTA: Clerk, Board of Supervisors 651 Pine Street Martinez, CA 94553 RE: Claim of Matthew Charles Nicholas You are hereby notified that Matthew Charles Nicholas claims damages from the County of Contra Costa as follows: (A) NAME AND ADDRESS OF CLAIMANT: fFMatthew Charles Nicholas 42 Enshee Lane 1998 Martinez, CA 94553 UPERVISORS (B) SEND ALL NOTICES TO: COSTA CO. Steven A. Reaves Gwilliam, Ivary, Chiosso, Cavalli&Brewer 1999 Harrison Street, Suite 1600 Oakland, CA 94612 Telephone: (510) 832-5411 Facsimile: (510) 832-1918 (C) DATE AND PLACE OF OCCURRENCE: June 30, 1998 at approximately 3:55 p.m. at the intersection of Blum Road at or near Imhoff Drive, an unincorporated area of Contra Costa County. CIRCUMSTANCES OF OCCURRENCE: On or about June 30, 1998 at approximately 15:55 on Blum Road at the intersection of Imhoff Drive in unincorporated Contra Costa County, claimant was lawfully operating his motorcycle in a generally northern direction on Blum Road when a 1988 Honda automobile operated by Azile M. Cross, a Contra Costa County public works employee who was operating said vehicle in the course and scope of her employment for the County of Contra Costa suddenly and negligently pulled out into claimant's path from a stop sign at the intersection of Imhoff Drive and Blum Road in violation of California Vehicle Code § 21802(a) and caused the accident in question which resulted in serious and grave injuries to claimant. The Contra Costa County employee, Azile M. Cross was negligent and inattentive in her operation of said vehicle during the course and scope of her employment for the County of Contra Costa and was the legal proximate cause of the claimant's injuries and damages. Claimant reserves the right to amend this claim upon discovery of additional information. (D) GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS INCURRED: Claimant sustained an Ll burst fracture with injuries to the concur medullaris and cauda equina, as well as crushed and severed nerves in his spinal cord. Additionally, 'claimant suffered serious injuries to his shoulders, arms, legs, neck, head and other parts of his body. Claimant 28796 ''I'll'',.............................................................................................................................................I............... .............................................. underwent surgery at John Muir Hospital and was hospitalized from 6/30/98 to 7/16/98. Claimant has incurred and continues to incur special damages and general damages. (E) NAMES OF PUBLIC EMPLOYEES OR EMPLOYEES CAUSING INJURY: Azile M. Cross, Department of Public Works, County of Contra Costa (F) AMOUNT OF CLAIM AS OF THE DATE OF PRESENTATION OF THE CLAIM: The amount of damages at date of claim exceeds $10,000 and jurisdiction of this claim rests in Superior Court. I declare under penalty of perjury, that the above is true and correct. Signed by or on behalf of claimant. Dated: December 21, 1998 �teven A. Rd ,)Esq. Receipt of a copy of the within claim is hereby acknowledged this day of December, 1998. Clerk, Board of Supervisors County of Contra Costa 28796 a �M 7 1 RM AoMt arivary 19, 199' Claim Against the County, or District Governed by � the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Aaron. All Sect€e references are to Ther f of this doctinart rreiled -1 you is yow California Government Cedes. ) notice the action taken on Yo= aim by Ole Board xz Supervisors. (Paragraph $ AM), �rsuaot to Goverm.mrit Cade Secvun 913 and DEC 1598 915.4. Please note all "Warnings". AMOUNT: Unspecified A tUNSNEZ EL CLAIMANT: Rosada Russell ATTORNEY: DATE RECEIVED: December 22, 1998 ADDRESS: 1313 New Hampshire Dr. BY DELIVERY TO CLERK ON: December 22, 1998 Concord, CA 94521 Hand delivered BY MAIL POSTMARKED: L FRO t, Clerk of the Board of Supervisors M. County Counsel Attached is a copy of the above-noted claim. PHIL BA HI✓LCaR, CML&--e Dated Dec r 22 1 98 IL FROM: County Counsel 10. Clerk of the Board of Supervis rs ( is 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 ,P resent a late claim (Section 911.3). r ; ,�r. ( r�t ;Int t Mdt 01 a22eS /tf� • , I -� --n �2 t? C/4!n'J f7i t car OI t..� lu 4-imetu a S 72b I Q CCUL 0;1 aw v e t 11 car ! l ims t" �.1v e l q;` OL-e ur7a17d e(a1mank s,;ooI t`- (,P-. u GC Z4 I� .,Sea OV. 60,-le Section Dated: f2-- 2.2�%,� By: t-' / ,�Brc��` ys' 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 ORDM- By unanimous vote of the Supervisors present: (" This Claim is rejected in full. ( ) Cather: I certify that this is a true and correct copy of the Board's Carder entered in its minutes for this date. Dated: l PHIL BATCHELOR, Clerk, By r �-- it Deputy Clerk WARMING (Gov. code section 13) Subject to certain exceptions, you have only six (6) months from the nate this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT of NWU.ING 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 Carder and Notice to Claimant, addressed to the claimant as shown above. Dated: By: PHIL BATCHELORBDeputy Clerk CC: County Count County Administrator Claiee, a DOARO Or SVPZRVIDORB Or COMA COSTA CGttNTY ►. 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 400th day after the accrual of the cause of action. Claims retlating to causes of action for death or for injury to person or to personal property or growing craps and which accrue on or after 67anuary t, 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 gust be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) p. Claims must be filed with the Clerk of the board of Supervisors at its office in loom i0s,; County administration Building, 651 pine Street, Kart noz, CA 948113. C. If claim is against a district governed by the board of Supervisors, rather than the County, the rams of the District should be filled in D. - If tha claim is against wore than ons, public entity, 'separate claims must be filed against each public entity. S. Zr&Ufi,x see penalty for fraudulent claims, final Code Sec. 72 at the end o3 this form. RI: Claim By R*served for Clerk's filing stamp againot the County of Contra Costa) DEC 2 or DistriCtj CA 0 P��1tl (3RS Col"M COSTA CO. (Fill in named The undersigned claimant hereby makes claim againstthe County of Contra Costa or the above-named District in the sum of and in support of this cla4m ,represents ashfollows* , zI VA, tt 1. When did the damage or injuty occur? (Give **act data and hour) U tcc 3. Wher# didr the damage or Injury occur? Inclu a city and county),76 rVISSOr7 172 111 dlalf�' i New Liy4j= AQ -NV_ 3. Row did the damage r injury occur? (!five lull details; use extra Vapor if required)See 4. what particular act or ouission on the part of county or district officers, servants or ,employees caused the injury or damage? (ower) what are the names of county or district officers, servants or Jy� employoek causing the damage or injury? .' - - '` - 3 61K V, Y[zx►7 - Svc a�+'S h �a-.v�nS' S-e->e.t ', S Jt( 6, ghat damage or injuries Ido you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) 7. Now was the amount claimed above computed? (include the estimated amount of any prospective injury or damage, ) a. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury. Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his 1JEND NOTI CEE TO: f t}crnev l I --behalf," Name and Address of Attorney416> j (Claimant*s Signature) (Address) Telephone Na. ) Telephone No. scrrsca A-64> r`7 7 45, S*ction 73 of the Penal Code provides: Irvery 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, autboriseed 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, byy a fine of not exceeding one thousand ($It000) , or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not eexceedinq tan thousand dollars ($10,000, or by both such imprisonment and fine. ...................................................................................... To: Clerk of the Board of Supervisors County Administration Building 651 Pine Street Martinez, California 94553 From: Rosada Russell !313 New Hampshire Dr. Concord, Ca. 94521 Also 17276 E.Nissan Rd. Tustin, Ca. 92780 December 21,1998 To Whom It May Concern, Enclosed is the two page form and a narrative declaration of the events that happened. This I believe meets the requirements stated to open a claim. Please contact me if further information is needed. Thank You, Rosada Russell ......... ......... ......... ......... ......... .................................... .............. ........... ....... ._._ ..._..... ......... ......... ......... ......... ..__..._. ......... .......... ....._..............._... ............. During the summer of 1998 the County maliciously and needlessly conspired to harm my family. They did this I believe with ulterior motives as retaliation for a class action I had previously entered in Federal Court regarding the issue of misappropriated money. Their outrageous and abusive behavior showed little regard to any federal or state regulations, even stretching as far as denying my family and me several Constitutional rights. The effect of this harassment has been both emotionally and financially devastating and I seek compensation for damages suffered both for my children and myself. Although the most serious grievances started on July 1 of this year there had been a pattern of intent long before this happened. I add this part as a way of establishing the climate in which they re-entered my life. In May the previous year Ken Adams a social worker for Children Protective Services abused his position and willfully breached his duty of office by the use of emotional and threatening tactics. He did not have a search warrant or any probable cause to enter my home. He threatened to remove my children and break my door down if I didn't allow him entry for a private and obvious fishing expedition. The Concord Police were called in to carry out his threats. He used ludicrous and unsubstantiated fabrications, which were obviously false by anyone's standards. My children suffered serious and needless emotional trauma because of his tactics. On July 1 of this year I was again contacted by Child Protective Services. They requested my children be brought in for questioning because they were told they had been hitting l ,'''',.............................I............................................................................................................................................................................. ... .............................................................................................................................................. each other. These are all small children within a few years of each other. I offered many solutions so as to clear up this matter but was told none of them would be satisfactory. I explained to the department that my children were medically and emotionally fragile children and had recently been in hospitals. During these-initial negotiations the attorney who was representing my son in the lawsuit also tried to seek an amicable solution. I complied with many of the investigators requests and felt that the County had more then enough information to come to a decision as to the allegations they stated. Frank Zagone and I had a good working relationship and he had access to many of the professionals who worked with my children. He found no evidence of abuse in the home. He eventually felt the case should be dropped and told his superiors of his findings. They instructed him to continue the harassment and disregarded his reports. The following morning Frank Zagone and the Concord Police Department banged on my door. All my children were home and aware of the repercussions of this visit. They already had a preconceived idea based on the incident of 1997. We all felt they were there to remove the children. This is usually the only reason Police are called into a situation like this. We huddled in the bedroom and refused to answer their demands. After some time they left and I felt they had gone to get a search warrant. I felt my only recourse was to flee my home or lose my children. I left with nothing but the clothes we were wearing. After further communications with the County and advice from attorneys I relocated to Orange County to put a stop to this persecution. I later learned that even the police felt there was insufficient evidence to force the issues but agreed to help as an intimidating element. ............................................................................................................................................................................... This unfortunately didn't stop them. With just a twelve-hour notice they left a message stating they were holding a dispositional hearing, even though they no longer had jurisdiction over my family. I managed to make it to the hearing but was not represented, as of the short notice and financial status of things. I assumed I would get a continuance as was required by law. This wasn't the case. As the transcripts show I asked for one repeatedly and was denied on every request. Judge Bruce Sterling fired the one attorney that could have helped at least one of the children at future hearings. He did so after I repeated a request from Darren Kessler(attorney for child) for a Judge rather then a Referee. During this hearing orders were given that would follow me through out the rest of my ordeal. I was threatened with contempt of court if I didn't answer confidential questions relating to my children's doctors and services. I was also forced to reveal my address, which I felt put us in further danger. The petition they presented was an obvious perversion of fact going as far as stating events that never happened. The dates these events were suppose to have occurred were at times the child in question was not even in the home, and they knew this. This malicious prosecution and abuse of process clearly indicated the depths they would sink to. They used the court system to manipulate and extrapolate evidence to try and clear their already baseless claims. The next hearing was set one week later. I arrived with an attorney from Orange County, as I did not have an appointed one. I had not heard from the attorney assigned to my ............................................................................................................................................................................. .. ............................................ children and met him at the hearing. Even though they knew we had traveled from Orange County they made us wait till the end of the session and continued it to the following week. They had not given the needed information to the children's attorney until right before we were called. I believe this was intended as a way of financially harming me. My attorney produced a demurrer to the allegations at this time. The County conceded on the Demurrer and then produced a new petition with events that were either fabricated or irrelevant. Again they were using their power abusively. Not surprisingly Pat Smith(CCC social worker)personally informed my attorney of her refusal to sign the new petition. John Boylan took over the case. I personally hold him responsible for the events that followed. Also his superiors were aware of the unnecessary stress they were causing. Some of these are the very same people named in the lawsuit, an obvious conflict of interest. At each of these hearings the County asked the Judge to force my children to speak to them against their wishes. It was evident that they were using this forum to illegally obtain information about my family. This was a clear invasion of privacy. The court appointed attorney for the children had access to them and he confirmed that no abuse was happening with the children and that the case should be dropped. I was told during this hearing that I didn't have fourth amendment rights. Also during this hearing the Judge tried to have the case continued again by using my ex-husbands lack of an attorney as a way. My ex-husband waved his right to one as he felt comfortable with the attorney's present but the Judge went out of his way to ask him over and over. I was never given a jurisdictional hearing. Again the abuse of process. C/