HomeMy WebLinkAboutMINUTES - 01261999 - C13 SMI
BQA QE SU S
,-PFJM QRS QE CONTRA CQIINIYs I H—ORNIA.
} #� January 26, 1993'
Crim Against the County, or District Governed by �
the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT
and Board Action. All Section references are to The copy of this document mailed to you is your
California Government Codes. } notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT. $267,026.07 4„` .:,
CLAIMANT: Darryl JoIr son. G
ATTORNEY: c/o Michael D. Goforth DATE RECEIVED: December 23, 1998
Law Offices of Goforth & Lucas December 23, 1998
ADDRESS: 2300 Clayton Road, Ste. 1460 BY DELIVERY TO CLERK ON:
Concord, CA 34520 December 22, 1998
BY MAIL POSTMARKED:
L FRONE Clem of the .Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
December 24 1998 PHIL BA .LOR, Cler
Dated: By: Deputy
11. FROOI 1 County Counsel TO: Clerk of the Board of Supervisors
1-11
( < This claim complies substantially with Sections 910 and 91€1.2.
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:
Bated: .`; '°` f By:-,`'°jR � -°" �- Deputy County Counsel
IIL FROn- Clerk of the Board TO: County Counsel (1) County Administrator (2)
( } Clair: was returned as untimely with notice to claimant (Section 911.3).
1V.��GARD ORDF.�R: 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 Carder entered in its minutes for this date.
Bated #r "4 � PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section l3)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFMAVIT OF NLkUXN1 G
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18 and that today I deposited it 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.
DaieCl._ ' :,5� By. PHIL BATCHELOR By >.,,� %" eputy Clerk
CC: County Counsel County Administrator
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
2
TO: 7rHE COUNTY OF CONTRA COSTA
iA'T,TN: Board of Supervisors of Contra Costa County 651 Pine Street- ';
4 Room 106 Martinez, California 94553-1293
I Pursuant to Section 910 et . seq. of the Government Code, this claim
is presented to the County of Contra Costa, California, as follows :
6 i
(a) The name(s) , mailing address, and phone number of the :
7 claimant:
Darryl Johnson, c/o Michael- D. Goforth, Law Offices of 00FOI
il & LUCAS, 2300 Clayton Road, Suite 1460, Concord, California 9452
9i:
The date, place, time, location and other circumstances or i
loiltransaction which gave rise to the claim asserted:
Date : September 28, 1998 Time : 2 :00 p.m. Place : Within
liDe Anza Park, Pittsburg, California
0 12i.
It 0i Circumstances
13H
Count One: Negligence: On or about September 28, 1998,
Uj
U ci K 14 claimant Darryl Johnson, while crossing De Anza Park within the
0o °
0 11 city of Pittsburg, County of Contra Costa, fell into a manhole
0
OZ � 6 1511 which was left uncovered by the county of Contra Costa . At all
LJ
times herein mentioned, the county of Contra Costa knew or should
Z) U lqhave known that Its workers failed to cover and secure said �
0 8
Z
C
I manhole. As a result of the county' s willful and 17 L) malicious ;
aimant sustained bodily and psychological injuries as i; misconduct, c J_
11herein set forth.
i. (c) Nature of claimant' s injuries:
19
Claimant sustained psychological injuries and injuries to his
2W.1 right knee, neck, and back.
21 (d) Location of incident:
i3 i
22::;; Within De Anza Park, Pittsburg, county of Contra Costa,
( California. Closest cross streets : Trident Drive and Spinnaker !,
235 Way.
24:1 (e) The name or names of the public employee or employeesi
i I
causing the injury, damage, or loss, if known:
25
i Unknown
26
27;;
28
(f) Witnesses to incident:
2?
j Jorge Salazar. . . . . . . . . . . . . . . . . . . . . . . . .432-5962
Cris Taylor. . . . . . . . . . . . . . . . . . . . . . . . . . .439-,5429 ;
t:
Javier Escalantna. . . . . . . . . . . . . . . . . . . . .473`9365
4 3
linjury,
(g) A general description of the indebtedness, obligation5damage or loss incurred so far as it may be known at the
time of presentation of the claim:
Claimant sustained bodily injuries and psychological injuries, It
as well as general damages as a result of the incident which is
described in Section (b) .
(h) The amount claimed as of the date of presentation of the
; claim, including the estimated amount of any prospective injury,
I damage, or loss, insofar as it may be known at the time of the
10lipresentation of the: claim, together with the basis of computation ;
1of the amount claimed.-
1 .
laimed:1 . REAC /Mediplane Air Ambulance . . . . . . . . . . $ 4 , 543 . 12
c�
012it
.
2 . John Muir Medical Center. . . . . . . . . . . . . . . 12, 482 . 95
„ a 3 . General damages . . . . . . . . . . . . . . . . . . . . . . . 250, 000 . 00 �
U 0 )4 Total $267, 026 .07 G
o ° d
Oz z ) Pursuant to claimant' s information and belief, declare that
4g the foregoing is true and correct .
z U U 1644
80 Executed at Concord, Cats fornia7 C} E fiber 22, 1998 .
G ORTH ` CAS
18
Hit
2011 Atttrt ey for Claimant��' g
:
Darryl Johnson
1 E ;
1
;3
23,
4 j$Ek`
Ii
5 i
t
7 It
28
21
3#
TABLE OF CONTENTS
RE: Darryl Johnson
DOCT)MMU EXHIBIT
REACH/Mediplane Air Ambulance Service . . . . . . . . . . . . . . . . . 1
John Muir Medical Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
John Muir Medical Center/Instructions Following Hosp . . 3
Page 1 of 1
RE-ACH/Mediplane Air Ambulance Setvice
e iplane,Inc.
RG.BOX-1947 - SANTA ROSA,CA 95405-0947
AX 10 68-0222123
PATIENT NAME t #�1§$: t !' � 6'd t':1'$ E PATIENT NUMBER: 492-1`75
1
GALL NUMBER: 4 t t„t 1b, 1v-`R,i v A fi
INSURANCE: LATE UB CALL: lit,: I'', "Wd'-:%3
s
Jk,:il-l143 #yti t ;ii 1yit—' `3I CALn C,,-!' >1}'EIR
P
64 L..DO 3'-'sNN f-'L_
J 6. GA 94565
TRANSPORT DATES BEFORE 6-30-98 PLEASE CALL TOLL FREE 800-811-404-1; 9
'TRANSPORT ORT DXr T 6-30-98 PLEASE CALL T OLL FREE 888-357-997-17 W_
( DESCRIPTION OF CHARGE i QUANTITY I UNIT PRICE AMOUNT
f 1f l sI� 4't` 1 s 'wl+§8 4...Pl.aL I ; "d k..65°1t� 0111
>>-�,,�°
i2. 1,12 § we a S0 0 E 0 0 ¢
1. 14 x Q1. 00 ;s Q11 00 }It
,,11111?4 BLOOD � #tt 4. t5E#tel s'3 K fLlt
:y V �-1.I� p
.I 1:0f 3 1 f't i sLJJ'- % flilyfi si....1 4. �iff till✓!
IY f #�! ii �.'a -. lel 4.� 00l 6., 011,1 I
EKG �,§ il-:§�;i.:,1 3lib 1..§l"l`1,-'S� I �1« �+
C44i''fi5'4U! A 1. 11.1 11-10 3. IL 0 ##
:i QI15:3 x IS$Q 3
UA s lvlaW t.. ,i.., �r.�}} � a t. lit 40 ,fitw AW. 00
1. Hf'-iPLil:•::,i i";(.t}',,i"€ .I,NU''r D UN NLX- 1-°Fi`L'F
i
DESCRIPTION OF PAYMENT � RECEIPT 3 PAYMENTDATE I AMO};,.1Ni
•:3i«$� 4•t j^-§�,}i]ql i:;.i�f# .:9 Orki § ;EX t
3
PLEASE PAY THIS AMOUNT
D TACO Ai[S>vt�PE i C f�& ION ABOVE AND RETURN STUB WITH YOUR PAYMENT
AMOUNT DUE$� 4::s4,;' 4
PATIENT NAME: J UHI'llSt..N CALL NUMBER: be {
AMOUNT I
PATIENT NUMBER: rl'� :r"�� 811 LING DATE: � i �/ 7� ENCLOSED$
l4..1.ftS!)1—Y §1`41..71 .11— ;,-)Ui-,, ;.�7"'s" i'C'§:. Uf F
. "� �..0 INSURANCE 3.#'F'#..lo[§�f-1I10N
�fb WI !"; !' B:Il._#..,. 1' OR �C313. #.I. Yi:.0 DO I'ffl }-'pVI,:. ;Il' E;s.11'^f�-§N "� �
§µ1. t f its L L..L, t, RPNU
X' �" a -.Vane AKE ftr Yr buI 'N' to is e: 1c
I ediplane, Dace
P.O.BOX 2947 - SANTA ROSA,CA 95405-0947
REACH/Miediplane Air Ambulance service
Mediplane, Inc.
P.O.SOX 2947 - SANTA ROSA,CA 95405-0947
TAX 11D 68-0222123
PATIENT NAME: PATIENT NUMB
491E75
CALL NUMBER: lzi,4�',2�7'L, Rl V A
a I
iNSURANCE: DATE OF CALL: 8A
C,0 NT IN 1`4 L:D lb"ll tl-4 L'U'LA"IVY
r-;,4' LbU ANN Pl–
I
T
RA N S—P-0AT. E S I B E F A R E 6w-3 Ov 9j Sto PE L E"Ak S E G,A L L T;C-)Ll..L I IRA E"EE 8Q 10 Ov-8v 1; It--4045
L TOLL FREE 888-357-9977
DESCRiPTION OF CHARGE ti QUANTIT UNIT PRICE l AMOUNT
914,4. 90. 00
0 x'y L� 114 90. 00 i 19 01. 0 Q5
!M-:U' 1. 3 1 IM46 ""4 3. 00
y 0.
DESCRIPTION OF PAYMENT RECEIPT PAYMENT DATE AMOUNT
IT41'�:'j CALL i W. 00
PLEASE PKf THiS AMOUNT 4tj 4 1 L'
DETACH ALONGPERFORATION ABOVE AND PETt3QN STUB WITH YOUR PAYMENT
ANICUNT DUE
PATIENT NAME: JOHI% UN CALL NUMBER: 4 1.)i 2 f i AMOUNT
PATIENT NUMBER: BiLLING DATE: I i/04 9 L ENCLOSED$
iJI-')-:ICE u— YOUR IN;UHANGli ION
SU WL hs!Ll. i- LIR Y'LAJ. ll'" YL.JU DO WfJ'l HAVE, lNLURANLE,
01
Mediplane, Inc.
PO.BOX 2947 - SANTA ROSA,CA 95405-0947
T_.�->--�--�--�m--
�.,�� - - -
��
�'
4.
t:
L
$i
�t
z
E3
Ett
t;
k:;
E
E:
Es'
E;
c
�.
R:
k':
t::
4
is
4:>
�:
c
is
is
4
.{_
}:
$,:
}:
;:
Original
Patient Name : JOHNSON, DARRYL
Date of Examination: 09/28/98
Dictating Physician: FRANCISCO L. ARROYO, M.D.
Medical Record : 62 15 72
Date of Birth: 10/20/61
HISTORY: The patient is a 36-year-old male who was brought to the
trauma center by helicopter after he fell into a manhole and became
entrapped in the manhole . He was stack in a fetal position lying on
his left side and could not extricate himself . The patient
ultimately was extricated and was brought to the trauma center in
cervical spine precautions . He was complaining of significant pain
to his left posterior shoulder region. He also was complaining of
some -oaresthesias to his left side, including his left arm end left
leg. jHe currently appears to have good range of motion of his left
arra and left leg and, is no longer complaining of any paresthesias to
his leg but is still having some paresthesias to his left arm. He is
alert and oriented tires three. He denies any significant pain to
his abdomen. He, however, does appear to be in some distress ,
FAST MEDICAL HISTORY:
1 . HOSPITALIZATIONS, OPERA'T'IONS, ILLNESSES :
A. The patient denies any history of any significant medical
problems .
2 . MEDICATIONS : .None .
3 . ALLERGIES : CODEINE .
PHYSICAL EXAMINAT.L-ON:
VITAL S .GNS : Blood pressure was 165/102, pulse was 78,
respiratory rate was 15 .
GENERAL: Well-developed, well--nourished, alert pleasant
male° who does appear to be in some distress.
HEENT; The head is atraumatic, normocephalic . EYES--the
pupils are equal, round and reactive to light .
Y Extraocular movements are intact . Ears--the
tympanic membranes are clear. Nose is clear.
Throat is clear.
NECK: The neck reveals no significant tenderness to
palpation over the cervical region, Neck veins
are .flat . Carotids are +2 . Trachea is midline.
�. JOHNSON, DARRYL JOHN MUIR MEDICAL CENTER
5-5555--08605 160 . Ygnaco Valley Road.
Walnut Creek, CA 94598
I
Emergency Room Report
Page 1 -
Original
CHEST: Reveals some tenderness and an abrasion present
over the left upper posterior aspect of the chest
just above the left scapula. The chest wall
itself is stable . There are clear sy-rmetrical
breath sounds bilaterally.
CAREiOVASCULAR: Exam reveals good heart wounds without
significant gallops, murmurs, or rubs .
BACK- Reveals left--sided paravertebral discomfort to
palpation without any significant vertebral.
tenderness -present .
ABDOMEN: The abdomenissoft and nontender with active
bowel sounds present .
PELVIS : The pelvis i•s stable .
EXTREMITIES : The extremities reveal pain and discomfort over
the left hip region, although the patient is able
to flex and abduct the left hip with pain, but
not with any limitation of range of mct:~cn.
There is, however, a weak left grip present and a
depressed biceps jerk on that Left upper
extremity. Strength appears to be symmetric in
the 'Lower extremity with +2 knee and ankle jerks
present .
LA30RA OR.Y DATA: Complete blood count hemoglobin was 13 . 1,
hematocrit 38 . 7, white count was 6, 200 . Trauma panel revealed a
creatinine of 1 .4 but otherwise there was no significant abnormality
present an the trauma panel .
X-RAYS : Cross-table cervical spine revealed some degenerative joint
disease at CS and C6 . Cross-table thoracic spine and '.umbosacral
spine revealed no significant abnormality present.. Chest x-ray
revealed no significant abnormality present . X-ray of the left
shoulder was negative . X-ray of' the pelvis was negative . Complete
cervical spine films revealed degenerative joint disease at C5 and C6
without any fracture present .
DISCUSSION: This patient ' s symptoms apparently are secondary to a
prolonged entrapment in the manhole in a fetal position. Most of his
injuries appear to be soft tissue injuries . The only concern is the
possibility of a neuropraxia of the patient ' s left arm, as
demonstrated by the weak, grip and the absent biceps Jerk on that
side . Hopefully this will respond to conservative measures . The
patient will be admitted to the 'trauma service under Dr. Kerlin for
further observation, treatment, and evaluation.
0"OHNSON, DARR.YL JOHN MUIR MEDICAL CENTER
55555-08605 1601. Ygnacio Valley Road
Walnut Creek, CA 94598
' Emergency Room Report
Page 2
Original
D IAGNOS I S :
1. Stat-,.-.s post fall and entrapment in manhole with left-sided soft
tissue trauma and possible neuropraxia of the Left arm.
PLAN: Trauma service admission
FLA:MHM {MRC}
DD: 09/28/98
DT: 09/29/98 FRANCISCO L. ARROYO, M.2?.
G
-g
JOHNSON, DARRYL JOHN MU I R MED I CAL CEN'T'ER
55555--08605 1601 Ygnacio Valley Road
Walnut Creek, CA 94598
Emergency Room Report
Page 3
'Mcw'' ,U U H, PAYMEEmT TO
/R/McommLoHexILTH S,Snew ' ^
RIO, BOX 9005 `
uTGj'RCA 94595
`_` 33
`
PAT!ENTwAYiE DARRYL JOHNSON
5TATEmEnro4TE 10/05/98
ADMISSION DATE DISCHARGE DATE
INTERIM, FROM. 09yZ8/9p, { 091,11"19/96 INTERIM T HROUGH
/u: C*ARGETD(\4Y'
F- | []NS� []mA8TER�AHD [���EX [] Di,"'OOvER
DARRYI J0HNBON
64 LOU ANN PL CAno*_______________________
PITTSBURG CA 94565 EXR DATE
8/GNATURE
L_ _J --------------'-------------
*MDUNTR4|D$
PLEASE DETACH,AND RETURN THIS PORTION WITH YOUR nsw/TrAwos
- -
,�TIENT NAME DARPYL PATIENT AC"COUNT NO, 5��__-55_0a605 PAGE 0Q)1,
121 MED—SUR—GY/2 BED
530.00
'250 PHARMACY
11 60
39.25
TOTAL PHARMACY 109.6; 09.60
253 DRUGS/lAVEHOME
TOTAL, DRUGS/TAKEHOME 11 75 111 .75
4-** 258 IV SOLUTIONS
9/291 25161 > 1V SOLUTION CHARGE IVR, 126.90 1 121 6.9 c)
TOTAL IV SOLUTIONS 2,145 3,a 0
4 TOTAL LABORATORY OR �4AB , 57.251
301 LAB/CHEMISTRY
?/261 10572 GLUCOSE 1 33.40 33 4C'
i'218 lo573 CARBON DIOXIDE 1 41 .651 41 .65
1/281 10,574 CHLORIDE 1 39. 1031�. it)
,/281 105753 POTASSIUM 9. 39. 101
/26 115761SODIUM 4090 40.90
Continued
HOSPITAL BILLS FOR CERTAIN HQSP�TAL BASED
JO*NMDIABLO HEALTH SYSTEM p TA re swr
FOR Y(51JR RECORDS,
�S!C�ANS.YOUR SURGEON,ASST SURGEON, - 0 P-6, BOX 906's
--STHIESIOLOGIST,RADIOLOGIST,ETC.MAY BILL Y U STATEMENTS WR L RET`.�67 9ALANC
D'ARATELY FOR THEIR SERVICES WALNUT CREEK,CA 94596 FORWARD ONU�,
,ERALTAX/o wo 94-1461643' FOR BILLING/won/msmPLEASE CALL(1yus)e*r'ao»a 2c11 fa*w`
HL"ASE REMIT YOUR PAYMEN'TO:
'jo."sN MlUiR/MT DIABLO HEAL T 4 SYSTEM 555555-06605
P.O. Bo 9005 I
WALNUT CREEK.CA 94596
(925)947-:3336
PAT 1EINT N A M E In RRYL JOHNSON
STATEMENT DATE 1{„t/05f 8
ADM#SS iON DkV x 09/28/k38 Clt:./2` /98 DisCHAIRGE: DATtm
1NTERi"A r'ROM } f s t 9 x 3 II,ITE?i1, f-iRC"UtaN
TC:
CHA;'•sGB TO E1RY:
ARR YL. liff.:a#�i" SON
-i __l VESA i_ MASTERCARD ERCARD `_11�I�EX .eJ DISCOV E'
64 LOU ANN rL CARO 0
PITTSBURG R3 i EXP. DAT[ _.
_J SIGNATU�E _
ANi0kiNNT PAID
PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE
PAT TENT NAME DARRYL ,JJOHNSON PATIENT ACCOUNT NO 55555-06605 l0AUB:CA7)2
I '
� �3sInL3�£ 3 kT� Y_� L� �w i ' 2 � 40
9ef121� 0 ��/281. 164(; IAYLASS
13cit„,
:`9.x/2 1 71 j L.'�..s:CTR LYTE 136.6S 1.3 6.65
TOTAL L B HEMI °TRY 1 743.40 j 743.4
{ j I
f . . )Z LAB,'I M4v4.1NOL. Y f
09/28! 10150' !AN' f:LB0l)Y S-5C N/INDIRECT COOMBS 1 12'1 . 0 1:31 . 0
TOTAL,. LA /I MML INOL OGY � 1 31 �,”` % i ? 131 .2c)
250'5 LAS/HEM4TO.LOGY
)�s`-lzsl 13640 iHEMC)GR 4, CBC-0;i&H x LT 11 101).00 j
19 291 131310 CZ41 W/ UT # DIFF V 135.40 135.4()
I
TOTAL LAO/HEMATOLOGY ( ; 2235. j 233,40
1 32`0 DX X–RAY
�'s lo:'q JISPTNE SINGLE VIEW XRAY IF 1241 .501
"'9/281 10401C R"+.TICAL. SPINE LIMITED XRAY IP' 1, 41.5.50 � -41.50
1047 CEERVICAL SPINE ,°Fi..E"VEf'T XRAY I � 1 718.75 718.75
)9/Z61 1050 1PELVIS 1 VIEW XRAY 1P 1 _122.75 322.75
)9/281 1060 I HOULDER LIMITED XRAY IP 11 258.00 i j 258.00
j {
TOTAL DX X–RAY 1 v95P6.ljs:� � 1 ,956.50
'91"2 l 102.6 HE,':iT I VIEW XRAY IF i� "2�'1 .rj 1 221 .00
TOTAL DX X—RAYJC.H 'ST i j 2^I .slo
*x 391C.) BLODID BLOOD/STOR--PROC
gal 1��401 xNB(D BLOOD GROUP � �1�R ONLY ! 1' 124.a
�`} 124.85
9/28' 10402 �RH BLOOD TYPE w.. CHRG ONLY 1# 93.20 i j 93.2c)
TOTAL BE. 00DBLL€OD/ST•OR PROC� 218.05 ! � 215.055
410 RES-FIRAT�.'-JRY SVCr
?/281 6301. OYLM TRY TRALfi`'`A i 1� 29.o".) 29,Of)
i ► i � �
iE HOSPITAL BILLS-OR CERTAIN HOSPITAL BASED
a # V ML# / VTLIA3O HEALTHSYSTEM PLEASE RETAIN THIS UETAi1
+YSICIANS,YOUR SURGEON,ASSTSUR(3EON, FOR YOUR RECORDS.ALL SU4B�aACTI';UVEcNNT
iESTHESIOL6 15T,8ADIOLOOIST,ETCMAY T
BILL YOU PIC, BOX 9005 S TATEMENTS WIL.f_REFL`CI SAI._ANCE
PARATEL Y FOR"HEM SERviCES WALNUT CREEK,CA 94596 FORWARD ONLY.
DERAf TAX F.L.NO,94,1461,843 FOR BILLING INQUIRIES PLEASE CALL(9-25)947-3336
22 i 1 Itr%V,
PLEASE RENT YOUR. PAYMENT TC;
JOHN MUIR/MT. DIABLO HEALTH SYSTEM
Ro. BOX 9005
WALNUT CREEK.CA 94595 L..._._......._.___._..__._.
(925)947-3336
PAI`IENT NAME DARRYL ..-JOHNSON
STATEMENT DATE I Q/o!5/qfk
ADMISSION' DATE �}�d s����� C)9/29/98 LDISCHI ARG� D,` =
INTERII'Mi•'`OM oq -c_8. 8 log/29/?a iNTL R,I€;R?'HRC)tJG[-I
TO: CHARGE T(D MY:
r__ -1 E VISA ' NIAtu-i ER'ARD 1_...,AMI ,l ._i DitiiCOV
ARRYL JOHNSON
64 'LOU ANN PL. CA=RD
ITTS-BURG A 94565 EXP. DATE _..._
L
AMOUNT PAID
PLEASE DETACH AND FICT URN THIS PORTION WITH YOUR REMITTANCE
PATIENT NAME DARRYL MJOHNSON PAT!EN`T`ACCOUNT NO. PAGEC)CD'n
1 i
TOTAL T A RESPIRATORY 193.00 4,93.(X)
450 EMERG ROOM
{
3-,')07 i TRAUMA SERVICES 432,00 � 11432.00
�)q Z.83'.08t
:.08 .71."RAUMIA ACTIVATION A„8°"1 I .00 ! 4,871 .00
:)9/28 5�> •, I CARDIAC MONITOR—BEDSIDE ONLY 11 191 .00 � j 1 � . ),)
")9/29 30i,e PARAMEDIC DIRECTION 102.00 102.OC')
TOTAL EM RG ROOM 6.5C?6 a 00 6,15-2-96.00,
4.60 PULMONARY FUNC
I � I
)9/281 6' 250 RT" Ass s` /TRA N* G/15 MIN � :� ZZ6.00 ! 226.00
TOl"AL PULMONARY FUNC 226.00 Z26.00
I , i
TOTAL CHARGES 12,482.95
j I
f
i TOTAL AYMENT.:ra A .,.lUSTAE T C3.0
T H I NT ACCOU3 P' 13, DUE AND PAYABLE UPON RECEIP4. YOUR C EN I ENC W
AC ( �" ��€,�;�''ER CARD, VISA, s�MER:I CAN EXPRESS , ND I COVER A IF YOU
ELEE� TH IS I MET HOD OF PAYMENT, PLEASE CALL OQR P TIENT ACCOUNTING I.IFF T C
L 7WOE N THt HOURS OF 830 AM AND 400 PM i"4l:lNDAY T� R�'sE.GH r R I D, Y. IF MAILING
�'AYMI I ?\lT x PLEASE NTE PATIENT ACCOUNT NUMBER ION OUR CHEI THANK YOU
f � '
BALANCE DUB: j � ` � I Z,482 s 9
I j i
DIAGNOSIS CODE; 924.8
tit:HOSPITAL BILLS POR CERTAIN HOSPITAL BASED ,jO N MUIR I MT. DIABLO`HEALTH SYSTEMI PLEASE RE VAIN�t;HIS DE TAIL STA'FEMIEN r
iYSICIANS.YOUR SURGEON,ASST SURGEON, FOR -CUR RLCC7��)� ALL.SUBSEQUENT
f._ P.C).8C?C 90 05 r
JES7F#.�",DL�SGlS7",I=tACiGLC3C�ai,��,rTC'.MAY BILL .C7f.J 5TA'T 'F✓1Ei;7T;W1L,_ xf w�kiC'i NAL,t;tylG�:
cPARATELY FOR THEIR SERVICES WALNUT CREEK,CA 94696 I:OHWABD ONLY.
:DERAL TAX I.D.NO.94.1461843 FOR BILLING INQUIRIE=S PL E.ASE GALL(925)947.3336
22',i i i(ti1+38
-.-�----
�_______
`��__�-R-__��<,
k
%;
e
E
r
ki
r:
t
i%
t
F.
�.
E::
�:
k:
�:
�:
�:
b:
�:
n
ii'
C
i.
�'
r
�:
L:
;;
r'
r_
{:
{:
}>
{
:y
3,:
:z
DIAGNOSIS.,
DIET:
Dietary instructions to be given in outpatient clinic (Gail 947-5314 for appt): YES NO
ACTIVITIES: Ambulation: CCK to drive: YES NO
Precautions: 2�.•.� �; ,,�
Equipment: ompany:
Phone#:
Bathing precautions: Oslo, v�
WOUND CAFE: Supplies:
HOME CARE AGENCY: Phone#:
Physical Therapy RX:
R.N.Treatment:
LAB WORK: Tests j:
When: Where:
M.D. APPOINTMEN D. Phone: When:
(Cali office or appolntm , L` 7tie
Phone: When:
1 have r ss!s :untrs' riinstructions.
X. R.N.
(Relationship, if other than patient)
Date:
M.D. enter quantity to fill,or zero if patient already has at home. R.N.to ask patient if they would like prescription filled at JMMC Pharmacy, or
if they would like to have it died at an outside pharmacy. JMMC Pharmacy �aatslde Pharmacy
MEDIGATIGN STRENGTH 1: IRECTION$
1
�.1
Date' ` Signature � " ". �.�.
M.D.
Mb (Print)
Address City
Calif.License C.E.A.
Office Phone
SSSSS 08bOrS JOHN MUIR MEDICAL CENTER
50' Ygnacio Valley Rd,Walnut Creek,CA 94598
062 ' 72 INSTRUCTIONS
M 36Y FOLLOWING HOSPITALIZATION
5296(1167)
4�
ii
i?
s:
?
�3
?
i;
}
19
CERTIFICATE OF SERVICE BY MAIL
The undersigned, at Concord, California, certifies to be
?1 P
true, under the laws of the state of California., under penalty of
1perjury as follows : That she is a citizen of the United States,
? is employed in Contra Costa County, California, is over the age of
73?
I
' eighteen (18) years and is not a party to this action or I
9
Hpreceeding. 9
�t,+�t../ I
��?' That business addressaddress :is Goforth Lucas, one Con4.+ r i
1Centre, 2300 Clayton Road, Suite 14603, Concord, California 94520; ;
�? e
€; telephone number bung (928) 682-9500 . That- she served a copy of �
o 1211
w
Ld `1 the attached: Claim ,against The County of Contra Costa
?E ';
E
-Z by placing said copy sealed in an envelope addressed as
nc0
follows
Z U 0 16 Board of Supervisors of Centra Cast. County
0 8z 651 Pine Strut Room 10
1711 Martinez , California 94553--1293
18lwi'Ch postage thereon fully prepaid, and thereafter was deposited
19'! in the United State Trail at Concord, California„ County of Contra
20
Costa. That there is delivery service by United. States mail I
21 : between the dace of nailing and the place so add-ressed. That the
22 date of deposit in the mail and the date of execution of this
23 icertificate was December 22, , 1998 .
24{25 _ � 1
I
By Mar a.rita Arroy
t
2611
2711 F
28 i !
1
i
(3
CLAIM
BOARD CIF S 3 ERMSORS OF CC}NT_`ItA COSTA CY)11NM_CAL.IEDM A
BWD AMOI Jerry 26, 1999
Claim Against the County, or District Governed by }
the Goan of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT
and Board Action. All Section references are to 3 The copy of this document mailed to you is your
California Government Codes. } notice of the actiontaken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $973,000.00
rr rt V0"Dse `;�.�
CLAIMANT. �-Ioa Le and. Lem Le
ATTORNEY: unci L. Stephens DATE RECEIVED: December 28, 1998
Law Offices of Rand. L. Stephens, Inc.
ADDRESS: 511 W. 'Third Street BY DELIVERY TO CLERK ON: December 28a 199$
Antioch, CA 94509
BY MAIL POSTMARKED: Hand-deiivere
L FRO1K: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PHIL $AI'COR, Clerk s
Dated: December 29 1998 By: Deputy LIR X�
IT. FROM: County Counsel TO: Clerk of the Board of Supery si ars
s_, 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:
Bated:_ , By:_ � Deputy County Counsel
III, FROM Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IST 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.
F s
Dated: X. PHIL BATCHELOR, Clerk, By ��L-, Deputy Clerk
r
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 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. *Por Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF NIAILJNG
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.
µ�
Dated: ` y i- By: PHIL BATCHELOR $y .� �^°` �� Deputy Clerk
r
E.
CO County Counse! County Administrator
f f
i{
4
x
4 E s
5 a
6
7
8
9
10 LICA LE and LIEM LE FIRST A] ENDED CLAIM FOR.DAMAGES
11 Claimants,
121 vs.
CONTRA COSTA COUNTY, AND
13 ITS EMPLOYEE, TTM GRIFFITH
14
15 TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS AND TBEIR
16 ATTORNEYS, THE CONTRA COSTA COUNTY COUNSEL:
17 COMES NOW the Clainmts HOA LE and LIEM LE to allege that they have been damaged by
18 the conduct of the County of Centra Cost4.and have suffered damages as a result of such conduct.
19 Claimants are the owners of two(2)pieces of real Property commonly known as 151 Ambrose
20 Avenue in the City of Bay Point, County of Centra Costa, further identified with parcel numbers 097-
21 041-003-1 and 097-041-004-9.
22 As a result of an inspection on July 20, 1998, the County of Contra Costa demanded a list of
23 items on the above property be repaired in lieu of an abatement proceeding. This building inspection was
24 done by a county employee, Tim Griffith.
25 r Mr. Griffith so negligently conducted the inspection so as to find that neither of the two (2)
26 buildings on the property.had foundations. This allegation was false. Roth structures have fowidations.
27 ,} Another inspector,Mr. Torn Gonsales also alleged non-functional heaters but all heaters on the premises
28 were functional. This allegation was false. The list contained numerous other alleged defects that were
iC
i
f
2 s `1`hereafter. BOA LE and LIEN LE instructed the building inspectors, Tina Griffith and Tom
3 Consanes, that in, fact the houses had foundations and had a functioning beater, Claimants asked haat
4 these items be removed frorn the list as these constituted unnecessary repairs for abatement. Without
5 justification or cause,the county and its agents refused to remove the false allegations. They also refused
6 to reinspect. This made it impossible for the repairs to be made because the east of replacing the
7 foundations would be prohibitive and the foundations already existed., in any event.
8 County Abatement officers also violated abatement code, abatement procedure and abatement
9 appeal proceedings.
10 After the .Appeal was denied, on August 24, 1998, the County sent notice of the denial of the
11 Appeal to the LE's. On the same date,the LE's filed a lawsuit requesting an injunction, Contra Cast°
12 County Superior Court Cane Number C98-03606. Notwithstanding their compliance with the lam,`grid
13 the filing of the lawsuit within the statutory thirty(30)clay period, and notwithstanding the fact that the
14 houses had foundations and did not contain the defects alleged in the report,the four(4)units contained
15 in the four(4) structures were totally demolished by the County on or about September 29, 1998.
16 The Claimants believe Haat the county inspector was biased against them because of their.Asan
17 nationality, they informed the County of that belief and asked that a different building inspector be
18 assigned, any inspector other than Tim Griffith. The County,without rause, and in furtherance of the
19 discrimination against the rights of the Claimants, denied their request for another building inspector,
20 denied their request t6 be allowed time to repair the property, refused to reinspect the property, refused
21 to correct blatant errors in the report, and refused to cease and desist the demolition of the property.
22 The Claimants believe that they are entitled to compensation based can the failure of the County
23 to follow statutory lave, because of the negligent conduct in the assessing of defects of the property,
24 because of discrimination based on race, and because of the failure to properly investigate the facts, issues
25 and lam=involved in this matter. Claimants also incorporate those facts contained in Exhibit A, attached
26 hereto.
t
2"7 As a result of the wrongful conduct of the County of Contra Costa and its employees, and
28 specifically Tim Griffith, the Claimants have been damaged as follows:
}
C
i
:t
Tine su ru o $150Mr_O£), the fair €n&r et value of the PrOPertY'
2 Y 22. The sure of$6555,000,00 for a rehabilitation loan that was lost;
3 3. The,sum of$200,000M the cost to rebuild:the property;
4 4. The annual rents in the sum of$25,000.00 per year for the four(4)units;
5 5. The sura of $28,000.00 for the demolition of the property, and the casts associated
6 therewith;
7 6. The sum of$500,000.00 for pain and suffering and emotional distress;
8 7. Reasonable attorney fees in the sum of$5,000.00
9 TOTAL DAMAGES: $973,000.00.
10 Claimants further allege that this demolitionn was a wrongful taking and violated the Claimants
I I rights under the Constitution of the United Mates„ specifically their rights to due process, equal
12 protection under the law, and the right against a taking without gust compensation, as guaranteed under
13 the Fifth Amendment of the united States Constitution and by the Thirteenth.Amendment thereto as it
14 applies that Amendment to the States.
15 Based on the fact that the County of Contra Costa violated State and Federal law, Claimants are
16 entitled to reasonable cost of the suit, including attorney fees.
17
I Date.
`�
20 HOA LE by Attorney in.Fact, L,IEINI LE
21
22
Date.
23 LLEM L9, Clamant
24 £
25
26
2'7
28
ri
sj
DECLARAT ION fN SUPPORT OF CLAIM FOR DAMAGES
1,HOA LE and LMM LE declare as follows:
I We are of Asian ancestry. We own certain property in Contra Costa County.
1 The heater at 151 A Ambrose Avenue was working, but Mr. Tom Gonzales, a
white county inspector declared it not working, and based on that false allegation, he declared this
house substandard and a code violation on February 10, 1998.
3. I immediately wrote a letter to him to let him know the heater was working. He
didn't admit his error,didn't answer my letter, didn't remove this wrong accusation. In 1977,
when I was a foreign graduate student in France, I wrote a letter to President Jimmy Carter and I
promptly received the VvIlute House's answer. Twenty-two years later, I am a U.S. citizen and
wrote to a county employee a letter contesting his charges against the property I manage,but he
and no one else in the Building Inspection Department answered my letter or corrected his
negligence.
4. One month later, another white inspector, Mr. Tim Griffith, was sent to this house.
Obviously, he was instructed to resolve my dispute, or the reason of his inspection was to
determine if the notice of violation of the previous inspector was right or wrong. But he didn't
perform his duty and didn't resolve the dispute. He just acted in retaliation and sent me another
notice of violation concerning something else on April 8, 1998.
5. 1 promptly fixed one item and sent him a letter on April 15, 1998 to report that fact
and dispute two other items that I thought were not a code violation(about moisture and an
alleged crack in foundation). He didn't answer this letter either,
6. A few weeks later, he let me know he intended to abate this house. It is just too
easy to knock down the houses owned by minorities in this county.
7. On May 12, 1998, he posted an abatement notice and order at this house, and he
didn't mail it to me, as required by Abatement Code, articles 14-2.404, 14-2.406 and 14-2.408,
even though he knew the I didn't live there; and I never received this notice by mail and I didn't
know about this posted notice, that gives homeowners 15 days to appeal. This white County
abatement officer violated the Abatement Code (which is only six pages;therefore he cannot say
he didn't read it and didn't know article 14-2.406 states that the abatement order must be posted
AND MAILED), The only reason explaining this abatement code violation is that he thought he
could demolish a house of a minority owner which is managed by a minority manager, without
1) "i'm abatement code.
9_ This house was occupied by tenants, on 5/27198, he ordered 11G&E to disconnect
v e and pasted the"notice to vacate premises for abatement of nuisance' without appeal or
hearing. i received this final abatement notice by snail on 6/01/98. 1 promptly went to his office.
He gave me the first abatement notice and order dated 5/12198 in which an owner has the right to
appeal(this is the first time 1 received this notice). I immediately made an appeal. But, he
rejected it because he told me the appeal period expired. So this house will be demolished and the
owner's right to a fair hearing or right to appeal was violated. Again, this white county abatement
officer violated articles 14-4.002 and 14-4.004 of abatement code concerning the right to an
appeal by a homeowner. I protested this violation. He ignored it. He intentionally and
maliciously violated the abatement code about service of process and proof of service, and about
the 15 clay period of appeal.
9. His violations of the abatement code, as well as his abuse of power were:motivated
by discrimination against us. I protested these violations,this abuse of power and this
discrimination on the First of June, 1998.
10. A few days later, on June 4, 1998. He posted another abatement notice and order
at this house. That means his previous notice was illegal,but he didn't admit it and didn't send
me an apology letter. And he didn't restore the PG&E service at this house.
11. Strangely, the same day, he engaged in more retaliation: he posted abatement
notices and orders at THREE OTHER HOUSES 151, 15 IB, and 1510 Ambrose Avenue. No
inspector had been there to inspect them and I never received any notice of violation prior to or
with,the warning: "Failure to comply with this notice shall cause this office to take further action.
e.g. ... Obtain abatement order ...". A violation notice with this important warning must ve seat
to owners before the beginning of an abatement action. He failed to do it and I never received
any such notice of violation. In fact, I didn't know what he alleged was wrong with these houses,
because he didn't come to inspect them. This is an example of the abuse of power and
discrimination by a county employee: he wanted to demolish these three single family dwellings
without any valid reason and justification. He simply wanted to retaliate against me for
complaining dbout discrimination and lack of due process on the proir case.
12. I asked Mr. Tim Griffith why did he want to abate these three houses. He told me
he did it because these houses were built without permits. This is again an example of the abuse
of power and discrimination against minority owners, and a minority manager. "while these
houses have exsisted about five decades, no one in the Building Inspection Dept questioned their
legal existence the last 50 years, but now he wants to retaliate for my complaint about his
violations of the abatement code in abating the first house (151A). His vague assumption that
these houses were"built without permits"is not legal justification to abate them. And I'm sure if
we were white Americans, he wouldn't have abated our houses on this unreasonable ground.
Certainly, these houses haven't been abated for this reason for fifty years.
3. He told me only the main Douse(15 1) was built with permits, but he also posted
the aoaternet t notice awainst tinis house too, on the ground this house was buff, °vithow PCT-MIS.
It's so ridiculous. t1isabatement action is contradio`ory to his own assumption, and it 's a
d-sori r nator-,; one.
14. Even if these louses were built without permits, abatement actions c€ Wd be done
before a notice of violation was sent to the owners to require then to prove the existence of
building permits, and a reasonable time to do it,and the warring of abatement action if they fail to
do it before the deadline. I never received such a notice. Again, he violated the abatement
procedure.
15. Any of these constructions, even the ones built on border line, should be grand-
fathered-in and allowed to exist or allowed to legalize. This white building inspector certainly
knew this r pile,but he pretended to forget it to get his goal of abatement of these houses. Only his
discrimination against racial minorities could explain why he dared to violate the abatement code
so blatantly and why he showed total disdain in ignoring procedure.
16. 1 sent a letter to the director of the Building;Inspection Dept. It contained
evidence to prove all these houses were built with permits. I found at least six permits issued for
these properties from. 1958 to 1997; and I had a meeting with his supervisor and a planner who
told me the main.house(15 1)and the second front house(15 1 Q were sorely built with permits
and she didn't final any record of the two other smaller houses in the hack.. Despite the fact a
planner of his own department told hum that the two front houses were built with permits; Mr.
Tim Griffith didn't admit his error, didn't correct thein and didn't apologize to us or the tenants
who were shocked by his abatement notice, and he didn't withdraw his abatement notice against
these two houses.
17. 1 made an appeal on June 2,1 998 for a bearing before the Board of Supervisors.
His abatement order was legally challenged and in suspension. But during the period of appeal
(pending the date of hearing, on July 14, 1998), this white inspector carne to our property over
ten times to disturb and harass the minority tenants. He told them do not pay the rents and
demand repayment of money for rents they paid me since they moved in. One Mexican tenant
told me the inspector carne to his house six tunes during a two weep period to harass him and
repeated the rent issue. This tenant moved-out because he didn't want this harassment. The
black family occupying the main house was suffering this harassment and they refused to pay the
rent and were evicted. Mr. John Bo, the white tenant living in the front house (151 Q avoided
this harassment and nothing is wrong with this house". The white county inspector darted not to
disturb and harass this white tenant who kept paying the rent until these four houses were
demolished. The rent is not the business of a county inspector. Why did he tell my tenants to
violate the rental agreement and the law? Tenants will receive unlawful detainer-actions if they
fail to pay the rent. They have the right to refuse to pay the rent but they have to open a separate
account and deposit the rent into this account. In telling my minority tenants do not pay the rent,
the county inspector abused his power, violated the law and repeated his discriminatory
harassment against my minority tenants and myself
18. One week before the hearing, I received a letter about the time, date and location
: —1 . :rev didn't send me the document called"the background and justif€cat on'"of'
abatement (I only later discovered its existence and got a copy ofthis document many days a&_r
w<ie hearing was over). That means they didn't let me know why they wanted to abate our four
houses. This is a violation of the hearing and appeal procedure: this important document
allegedly determining the reasons and justification ofabaternent action must be sent to owners at
lease 5 days the hearing. We never received it by mail and we didn't know the charges or
the reasons of abatement of our property.
19. The county inspector told me he would abate these houses because he thinks they
were built without permits. Therefore in any written argument submitter)to the Board, I spent
many pages to prove these houses were built with permits. But ridiculously, in Building
Inspection Dept. abatement recommendation submitted to the Beard.,they didn't mention this
original justification,not a single word: they switched the accusations from"guilt without
permits"to"substandard dwellings and code violation", after I had proved these four houses were
built with permits, and their legal existence was recognized the last 50 years by the Building
Inspection Dept. In switching the charges of abatement, they violated abatement cede and
procedure that required a notice of specific violations roust be sent to owners by mail,the permits
required,the deadline and the warning of abatement, etc. .... We never received such notice. This
county abatement officer violated and repeated his violations of the abatement code and
abatement procedure. Only his discrimination against us explains his repeated violations of the
abatement code and procedure as well as violations of hearing procedure and his abase of power
and.his vague and groundless assumption that these houses were"built without permits -the
original charges,that was secretly deleted in their abatement recommendation submitted to the
Board of Supervisors.
20. In the hearing, we were only allowed to speak for a few minutes and the decision
was made within seconds, without questions,without debate. In a traffic case,that's worth$200,
every party is allowed to present their argument, they're questions, answers and debates. In this
abatement hearing concerning our four houses that were worth$200,000, the decision was made
without considering my written argument that was sent to them, or my oral presentation, but the
Board of Supervisors already approved the abatement recommendation before this document was
handed to these.
21. After the hearing, Mr. Tim Griffith told me the only way to avoid the abatement
action is to do the rehabilitation and comply to the code inspection done by them.. (So far no
inspector even carne in to inspect the three houses located at 151, 151B and 1510). On 20th of
July 1998, 1 paid $800 to have the Building Inspection Dept, perform the"comply to code
inspection" at these four houses. I only made one request: send any inspector; but not Mr. Tien
Griffith, who was prejudiced against zee. My petition was denied and the same inspector was sent
to do the inspection. On August 11, 1998, I received a complete list of these four houses. The
list says there is"no foundation"under the main house (151 Ambrose Avenue) and the second
largest house(151C Ambrose Avenue). I protested and made a request to have the item"no
foundation"removed, because it is not true. The main house has a very good foundation and it
was very visible frorr the back yard and it was rehabilitated in 198 1. I submitted to lir. Tine
Griffith a letter proving existence of the foundation, explaining it was partially covered by lumber
:tU mangy s w%I£}n5 rE Visibly bl exposed. My request had no answer, I kept talking w#th l"dn#about
the existence of a foundation under these ;o houses and the removal of the"no foundatio,-?'
items, especially in the meeting at dae office of the Supervisor in Pittsburg ori 9f 14/98 and at the
hrl. ofCou ty u:_!dirig on 9/15/38_
22. Besides that, I sent him two letters, one on 8/2/1138 in which 1 wrote: "All
contractors(have)confirmed(that)these two houses have foundations when they came here to
inspect. So, please came,verify these important facts and remove the items"no foundation"from
the list. This time was at least my fifth request about the same issue. He confirmed in his written
report that there's a foundation under this house.
23. Due to the fact the foundation is the first thing to do and the most expensive item
of the list of rehabilitation, the mistake of this inspector and his stubborn and malicious refusal to
admit and correct his mistake about the two foundations at 151 and 151 C made the obtaining of
bids for rehabilitation of these four houses impassible.
24. 1 called about 40 contractors, about a dozen came,but after seeing the existence of
foundations and the items"no foundation"in the list of rehabilitation,they did not want to take
this job and give me a bid. They told ane this guy(County=inspector)`its blind,he wants to nail
you, you have a personal problem with hire,I don't want to get involved ...". And your office
only gave me 30 days to have a bid and a contract signed. The deadline was the 24th of
September 1998. lir. Tim Griffith and.the Building inspection Dept did not answer my repeated
requests to correct his errors and remove the "no foundation"items from the list so that I could
have a bid and a contract signed before the deadline.
25. Mr. Tire Griffith demanded that we must have a licensed general contractor sign
the contract and do the rehab work,our applications for building permits as owner builder were
rejected. This is discrimination against us. I know a white man, Mr. Ken Bartlett, who awns 4
houses located at 80, 82, 84 and 86'Mountain View Ave in Bay Paint, all of them are rental
properties and he was allowed many times to pull permits himself to perform the repair and
rehabilitation of these Douses.
26. The house next door, number 139 Ambrose Ave, owned by a white woman, Mrs.
Florence J. Bendy has a foundation like ours, but Tim Griffith also declared this house has no
foundation. The white owner protested and requested to have the wrong item."no foundation"
removed, and it was. But in my case, 184r. Tim Griffith didn't answer, didn't admit his error and
correct it. Definitely, this is discrimination against us, as minority owners and minority property
manager.
27. We submitted to flim a Calan to rehab these four houses in four or two stages, either
rehab one by one or rehab two vacant Douses first and rehab two occupied Douses Fater, due to
our limited financial resources, as well as the availability of a good contractor and sub-contractors
(it needs time to select the good and reliable ones). Our petitions were denied. One single family
house is often.given 30 days to have a bid and contract signed. We have four single family
houses, and there was more work to do than in a single family dwelling, but he only gave us the
sarne 30 day perio,,d.
2& NVe filed teary petitions to have more time
or ever: to give us three or-,,vo, or just
one week more to have;a proposal and contract submitted to their, because this big job involves
many sub-contractors;foundation, framing, roofing, plumbing, electrical, etc... but our petitions
were summarily rejected. I know many homeowners who were given much more time for much
smaller jobs. A white woman in Pittsburg was given notice to remove a Junk-yard and paint her
house within 60 days. She resisted and asked for 6 months for this small job. Her demand was
approved. They gave ,is almost 200 items to fix, and made big errors about the very existence of
two foundations and refused to correct their errors, and they only gave us 30 days. Obviously,
this is discrimination against us.
29. Article 14-6.624 of abatement code specifies: "Any court action or preceeding to
attack, review, set aside,void or annul the Board's decision ... small be commenced within 30
calendar days of MAILING of decision". The abatement decision was made on duly 14, 1998,
but the.Building Inspection Dept only mailed it to us on ATIGt IST 24, 1998; (attached two
envelopes of certified mail,bath dated 8/24/98, one number 9339 another number 9340). Our
lawyer, Stuart Willis, filed a lawsuit to challenge the abatement decision on August 24, 1998, that
means it was allegedly filed before the deadline and the abatement actions must be suspended. I
sent a letter to County Counsel on 9/25/98 to demand the abatement actions be postponed. They
ignored my demand,they didn't answer my letter. I called them many times, they refused to talk
with me. But my tenant, Vis. Judy Brown, a white woman called them and they answered and let
her know our lawsuit was filed torr late. Obviously, that is wrong: our lawsuit was filed brfore
the 30 day period, counting from the date of trailing of the abatement decision, as specified by
article 14-6.624 of abatement code.
30. On the 29th of September, 1998 on the alleged ground that no contract for
rehabilitation was submitted at his office before the deadline. Mr. Tim Griffith ordered the
demolition company to demolish all four houses at this property. wring and after the demolition,
the foundation of the main house and the second largest!rouse were exposed and a lot of concrete
foundation some pieces up to two feet deep were removed. It proves one more time the big
errors of the county inspector, as well as his abuse of power and his discrimination against us. I
took many pictures and all my neighbors and the demolition crew saw there were foundations and
many foundation sections are in very good condition under the two front houses.
31. It is the County employee who blocked the rehabilitation process by giving me a
list with wrong things concerning two foundations -the most essential and expensive parts, it
costs about $80,000 to build two new foundations m of the two main houses, and after committing
the errors, he ignored my repeated demands and refused to correct there. And he knocked down
these fog;.houses that are in goad condition and better than many houses in the neighborhood.
Due to these facts, and the huge financial damages, I demand Contra Costa county rust:
Pay the demolition costs;
pay us a. damages of$200,000 for its employee's negligence, errors, violations of
abatement code, abatement procedure, and appeal proceedings and abuse of power;
Alp 4's lan1wrl',v
c4kta40-i'mi'.�m4 rlY4ws' z';f At4MA3$50or Ac.YA..- eftan8
cumnsAw show
oin Ae. tea` s r
,t.
ACJC/S JAW IX
PROOF OF SERIVR-'E
2
1 hereby decar-the.I wn over the age of eighteen years and not a party to the Within
4 entitled cause. I am employed in the County of Contra Costa, State of California, and my
5 business address is 511 West Third Street, Antioch, California,
6 On December 23, 1998, 1 served the following document:
7 FULST AMENDED CLAIM FOR DAMAGES
8 addressed to: Diana Silver, Deputy County Counsel
Office of the County Counsel
9 651 Pine Street
Martinez, CA 94553
10
Contra Costa County Board of Supervisors
11 Supervisors Clerk
651 Pine Street
12 Martinez, CA 94553
13
(BY MAID) placing the envelope for collection and mailing on the date and at the place
14 shown below following our ordinary business practices. On the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary course
is of business with the United States Postal Service in a sealed envelope with postage fully
prepaid.
16
_ YFAX) In addition to service by mail as set forth above, copies were also
17 forwarded by fax.
IS (BY PERSOINTAL DELIVERY) I caused such envelope to be served by personal delivery,
19 1 declare under penalty of perjury that the foregoing is true and correct and that this
20 declaration was executed at Antioch, California, on December 23, 1998.
21
22
SARRIA HODGE
23
24
25
26
27
28
tri �
+ �
04
Oil
00
0 (; � i
E
tid
co
co
nf-
jot .
4A t
GORDON, DeFRACA, WA`I`ROUS & PEZZAGLIA
A Lav"Co-moration
Man DeFraga Gregory D.Rueb
I hornas A.Wztrous Stephen K. Miller
James A. Nuagl`:a
Timothy J.Ryan GeGordonorge R.
;191d-199
Peter rJ.i.angiey HAS DELWEPX,D
:Richard S.Bre no Mating Address:
Bruce C.Paitenghi ''.O.Box 630
Martinez,CA 94653
March 15, 2000
Ms. loan Staley
Office of the Clerk
Board of Supervisors
County of Contra Costa
651 fine Street
Martinez, CA 94553
Re: Le a Contra Costa County
No. C99-03674
Lear Ms. Staley:
Our office is defending the County of Contra Costa in the above captioned
litigation. On the basis of the documents you were kind enough to provide to me a
few days ago concerning the tort claims presented to the County by Liern Le and
Hoa Le, I prepared the enclosed declaration for your signature.
You are requested to please review the declaration and if the information
therein is accurate, please sign it and call my office so that we may have it picked
up. If you have any questions or desire any modifications made to the declaration,
please give me a call at your earliest opportunity.
Very 1you
TI THY J. RYAN
TJR:kb
Encl.
611 Las Juntas Street, F. 0. Box 630, Martinez, California 94553*Telephone(925) 228-1400
Facsimile(925) 228-3644
i
i
6
1 THOMAS A. WATROUS, ESQ. (035322)
TIMOTHY J. RYAN, ESQ. (#83773)
2 i GORDON, DeFRAGA, WATR OGS
& PEZZAGLIA
311 A Professional Corporation
611 Las Juntas Street
4 P.J. Box 630
S Martinez, California 94553
Telephone : (925) 228-1400
6 Facsimile: (925) 228-3644
3
7 Attorneys for Defendant i
;
€ COUNTY OF CONTRA COSTA
t
9 � _
IN THE SUPERIOR COURT OF CALIFORNIA
10
IN AND FOR THE COUNTY OF CONTRA COSTA
11
i
13
( LaIEM LE and HOA LE No. C99-03674 3
14 Plaintiff, } DECLARATION OF JOAN STALEY IN
} SUPPORT OF DEFENDANT COUNTY OF
15 •;' CONTRA COSTA' S MOTION FOR
SUMMARY JUDGMENT
16 CONTRA COSTA COUNTY, and
17 � DOES 1-11 ) DATE:
TIME:
18 Defendants. DEPT: 1.8
TRIAL MATE: NOT SET
19 '
i
i
20
i
21 `t
1
22 i 1, JOAN STALEY, declare:
23 i 1 . I am a deputy clerk employed by the County of Contra
2E Costa in the Clerk of the Board of Supervisor' s office . In my
25 `
capacity as deputy clerk, I am the custodian of records and
26
i maintain files, including all tort claims presented to the
GDS. DEFMGA, WATPOJS
AND PMAGUA t1E
A LAW CSOX 6 AT.Uttl DECLARATION OF JOAN STALEY IN SUPPORT OF DEFENDANT COUNTY OF CONTRA COSTA'S
r.o. pox a�a
MARTINEZ. CALIF. sd8b9 MOTION FOR SUMMARY JUDGMENT j
t628. 228�5d80 4EE(E Jj
f.
1
1 3
i
i
County, notices concerning action talon by the Board of
Supervisors with reference to tort claims, notices of claim.
3 rejection, notices of untimely filed claims, and Nate claim
notices , 1 have personal knowledge of the following facts and if
5I called as a witness, could and would competently testify as
P
fol lows
70
2 . On December 28, 1998, the County was presented with a
3
's
8 i' first amended claim for damages by Hoa Le and Liem Le. A true
and correct copy of the first amended claim for damages is
18 attached hereto and labeled Exhibit "A" . This claim failed to
11state an address to which the claimants desired notices to be
12sen* concerning the claim and failed to state an address for the
1
claimants . The claim was hand-delivered in an envelope from the
14 ` office of attorney Rand L. Stephens at 511 W. Third Street,
15 Antioch, CA 94509, and contained a proof of service from Sarria
16 Hodge, whose business address was the same address as the
17 !1 attorney. A true and correct copy of the envelope and proof of
F
18 service is also included within Exhibit "A" attached. hereto.
193 . On January 26, 1999, the Con .ra Costa County Board of
20
Supervisors rejected the claim in full. On January 27, 1999, 1
21 mailed, via first class mail in the United States Postal. Service,
fP
22 the notice of claim rejection to claimants' attorney, nand L.
i
23 Stephens. A true and correct copy of the notice of claim
24 ! rejection is attached hereto and labeled Exhibit "B".
25
under the laws of the
I declare under penalty of perjury
' a
26 State of California that the foregoing is true and correct, and
s
AW PWAGLIA
A LAW C*AP0AATk0N DECLARATION OF JOAN STALEY IN SUPPORT OF DEFENDANT COUNTY OF CONTRA COSTA'S
P.C. sox sags
MARTINEZ. CALIF, 94$33 � MOTION FOR SLWARY JUDGMENT
i025a 220.1400
�
)
that this declaration was executed on March / , 2000. at
2 | Martinez, California,
2 |
4 \
| JOAN STALEY
5 �
!
6 ; . !
7
S
9 }
!0 (
!! ,
!2 § |
!3
�
[ � �
!4 §
!
�
!6
R §
!
!9 | (
20 ( '
2!
2 ]
�
23 `
24
25 (
2 ] I
wpmm: W�PAU. «lam, -a-
PEWGUA
A \ e ] DECLARATION O JAN ST L£2 IN SUPPORT DEFENDANT UNO£ CONTRA COSTA'S
|
» ox 630
_r Z. w _e, ; NOTION F R appy JUDGMENT
192W 22e-1.00
§ . . . . �
CLAM
BDARD OF SUPERUSM OF CO`�TIEA ,1 , TA COUNTY, CAIIEQMIA
d AMI January 26, 1999
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT
and Beard Action, All Section references are to The copy of this document mailed to you is your
California Government Cues. ; notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
Av pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $2,000,000.00
-Z'
CLAIMANT: Pati D. Mose
ATTORNEY: .DATE RECEIVED: December 24, 1998
ADDRESS: 901 Court Street BY DELIVERY TO CLERIC ON: December 24., 1998
Martinez, CA 94553
BY MAIL POSTMARKED: None
L FROTN • Clerk of the Board of Supervisors TO. CountyCounsel
Attached is a copy of the above-noted claim.
PFUL BAT LOR, Clerk
Dated: December 28, 1998 By: Deputy
IL FRfl:VI: County Counsel TO: Clerk of the Board of Supervisors
(
WThis clap 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 claire on ground that it was fled late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
° { 0 e e` 2-411 'ie. Ike.. 611,qr�n 16 o-ne q
�rj oe-- .dune- 2.4 lI ' a See, see_ ` OYI90I.�911,z
Bated: - B # 911, —cf i z, I
By: _ Deputy County Counsel oLnrj
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 OARD ODDER: By unanimous vote of the Supervisors present.
This Claire is rejected in full.
( ) Other:
I certify that this is a tare 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 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 AlAnXI i G
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Carder and Notice to Claimant, addressed to the claimant as shown above.
Dated: /99" By: PI IL BATCHELOR B
d y ,,r eputy Clerk
CC; County Counsel County Administrator
VICTOR J.WESTMAN DEPUTIES:
PHILLIP S.
COUNTY COUNSEL ANICE AMENTQA F
S.REBECCA BYRNES
SILVANO B.MARCHESI CONTRA COSTACOUNTY ANDREA W. EDY
MONiKA L.COOOO PER
ASSISTANT COUNTY OUNSEt VICKIE L.OFFICE OF THE COUNTY COUNSEL MARKS S.EST SS
MICHAEL D.FARR
SHARON L.ANDERSON COUNTY ADMINISTRATION BUILDING LILLIAN T.FUJI I
ASSISTANT COUNTY COUNSEL 651 PINE STREET,9th FLOOR DENNIS C.GRAVES
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.MUNiZ
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 Y WOODS
NOTICE OF UNTIMELINESS
AS TO A PORTION OF THE CLAIM
TO: Paul D. Moser
RE: Claim of Paul D. Moser
Please Take Notice as Follows:
In regards to the claim you submitted on December 24, 1998,portions of your claim are timely
and portions are untimely. The portions of your claim prior to June 24, 1998 that you presented against
the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the
requirements of California Government Code Sections 901 and 911.2, because they were not presented
within six months after the event or occurrence as provided by law. Because the portions of the claim
prior to June 24, 1998 were not presented within the time allowed by law, no action was taken on those
portions of your claim. The claim was forwarded to the Board for action on the timely portions of the
claims.
Your only recourse at this time is to apply without delay to the County of Contra Costa governed
by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See
Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some
circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code.
You may seek the advice of an attorney of your choice in connection with this matter. If you
desire to consult an attorney,you should do so immediately.
VICTOR J. WESTMAN, COUNTY COUNSEL
Moni a L. Cooper
Deputy County Counsel
Page 1
CBRTIFiCATB OF SBRYICB BY MAIL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;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 Untimeliness as to a Portion of the Claim by placing it in an envelope addressed as shown above,sealed and
postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: September 15, 1998,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
Page 2
Clain to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUC1I90 TO .CLAIMANT
A.. Claimsrelating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or before
December 31, 1987, must be presented not later than the 100th day
after the accrual of the cause of action. Claims relating to causes
of action for death or for injury to person or to 'personal property
or growing crops and which accrue on or after January 1, 1988, must
be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause of
action. (Gov't Code 911.2. )
B. Claims' must be filed with the Clerk of the Board of Supervisors at its
office in Room 106, County Administration Building, 651 Pine Street,
Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud-, See penalty for fraudulent claims, Penal Code Sec. 72 at the
end of this form.
RE: Claim By Reserved for Clerk's filing stamp
# ; x
' C £
RS '3V 0
� tY �
i
Against the ,9pjn y of Contra Costa,.) ..........
aft
i
(Fill in_name) ) z....... . .... . .. ..: w.
The undersigned claimant hereby makes claim against the County of
Contra Costa or the above-named District in the sum of $ SsY `':
and in support of this claim represents as follows;
1. When did the damage or injury occur"? (Give exact date and hour)
:
2 . Where did the damage or injury occur? (Include city and county)
f '. #.,�'s, 4.+�;.i•7 �S� {�� � � i.S: r # '#..�� t fi � L•f z F„ ��.+ >r> y{. f 3 �ns : y�• �+f ,Wv_F
g
t"x r 9
3. How did thg damage or injury occur? (Give full det ils; 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)
Dt
....................
p t�
.C :.� ::
. kv.
. ko Y !'f
V pio!
:.._ ._........
.. - ..
:........ :...:. :t �.yt f eon ... `�,,., fX' .,sj:`�
it
. .. �
�k
' . .
.
, { .. ...........
� vc
..
d..........
. .�. ,
71.7
. .
r.7 Vw.{
t
« .
CC.n .
660
4.0
� . .
F
�...
}
�Y v
s ��.
a r, . se
.
4..
` ..
y.
................. .................
........................... ..........................
a k
+Ike- ........504g
)�M . .............wu,
Ur WV
+wc
L*J,
lot
se
CL
4.
d 4�
...............
...........
4rl
fc
-ct
..........
Ma
he.d::: kaw
on,
EX.v Al.
..........
f
clet ia
.........
. ....... ... _ _......
_.................................................................................................................................................... ...
..
jr
� �. .
` .: S.
t irr
s
wv. .�: .
... kvo
.
....................... k � ... t
s
e�
lot
P
r .. . 'A
s �.�
ri
hr .'
y�
t , i
>14�
.............................................. ...........
..................
. .
..................
f ................................
..............................- -
.
..........
..........
.............................
.............................................
........... -- - ------------------- .. ..........
...........................................
...............
..............................
.................................
�M
.,.,; .
.................... .......................-......
....................
...............
.............
.......................
...................
..... ...........................
z ........................................ ......................
.........................
..............
............
.............
.. ......... ..........
.............
...............
............-
..................
......................... ............
...............
...............-.....
............ .....................
------------
' < 5. What are the names of county or district officers, servants or
Y employees causing the damage or injury? z
M.
ff.-: t„�Ak;. ' tr-.V +. alef i t � ``et .
aubl i c f7 r 3"£bs cv C WPCR LM 14, v
! edn ;a. ♦■ y r
6. ghat damage or injuries do you claim resulted? {Give full extent
> of injuries or damages claimed. Attach two estimates for auto '
damage- ) i ., ' k z� 5 k Duc
7. How.was the amount claimed above computed? (Include the estimated
amount of any prospective injury o<r] damage. )
}(� y lA/`{j tFT '£}+ yf+. ky+w•' k'Z' :-l.! $Y"'4•i y �"w �,y6 3+�5.: �7"'�". �' G"<, � t��d I k'.. �
f '`w.+'L/f i.'..✓'Q.�,'.l. �<�i>Q � �S'ls..' ��"^M.': �` d i C�".x..'F' � �.++hJ> Y(
V. ""°", $.... 3 :: 0. .'j t .S
8. Names and addresses of witnesses, doctors and hospitals.V
9. List the expenditures you made on account of this accident or
injury.
DATE TIME AMOUNT
} Gov. Cade Sec. 910.2 provides
"The claim must be signed by the
claimant or by some person on his
SEND KQTICES IQ: o ."
Name and Address of Attorney )
Pay 1 _ 05 to r—, ) (Cla mart '� signature)
f ) (Address)
Telephone No. P ) Telephone No.
NOTICE
Section 72 of the Penal Code provides:
Every person who, with intent to defraud, presents for allowance
or for payment to any state board or officer, or to any county, city
or district board or officer, authorized to allow or pay the same if
genuine, any false or fraudulent claim, bill, account', voucher, or
writing, is punishable either by imprisonment in the county jail for
a period of not more than one year, by a fine of not exceeding one
thousand ($1,000) , or by both such imprisonment and fine, or by
imprisonment in the state prison, by a fine of not exceeding ten
thousand dollars {$10,000', or by both such imprisonment and fine. '
} 7 ..
} C>
0 00
0
00
004
! +�,� - - t
r
S
„ ,,
rb
CA
{
00 -
004 0 0
--
oo . ► Y �
r1 1. 1� 11 11
0.0 .,
..... s
-r -ter -s ..,,.: ....t 1
ON
QL
W