HomeMy WebLinkAboutMINUTES - 10191999 - C11 CLAIM
AMB O 0CTOER 191-1999
Claim Against the Counity, orstfrct Gove.,ned by
the Board of Supervisors, Rotting Endo;sernents, } NOTICE TO CLAIMANT
and Board Action. All Section references are to The mpy of tNs doumnl mailed to you is your
Ceiiforria Govemmnt Ctrs. entice of the action taken on your clan by the
Board of SupeMsors. (Paragraph IV befaM, oven
a Pursuant to Govemine°at Code Section 913and
',.... .. a 15. . mease rote all "Wani gs'>
OUN-r: In Excess of $25,000
mmANTl� ceras ,
t r4ri
A`f TOS. Y: DATE R: September 16, 1999
D SS, r-/o 2708 Vasquez Court BY D EERY TO CLERK ON: September 16, 1999
Antioch. CA 9509
Y MAIL POS Hand-Deli-vered
L FROft Clerk of the Board of Supervisors 70. County Counsel
Attached is a copy of the above-noted claim.
PML BATMZLOR, Clerk
Dated: September 17, 1999 By: Deputy02
11, FROG County Counsel Clerk of the Board of Supervi!' s
This claire 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. Tie Clerk should return claim on ground that it was filed late and send wama ng of
claimant's right to apply for leave to present a late claim (Section 911.3).
l ) Other:
s
Dated: By: County Counsel
IM CnI: Clerk ofthe Board TOCo ty Counsel (1) my Administrator (2)
Claim was returned as untimely with no to ablaimant ( ion 911.3).
`
BOARD t3 s By unanimous vote of the Supervisors present:
This Claim is rejected in Rall.
{ tither:
I certify that this is a true'and correct copy of the Board's Order entered in its Minutes for this date.
Bated: OCokbk, ' l P19L BATCHELOR.OR. Clerk, By.�� ` � � Dept Clerk
WARNNG (Gov. code section 13)
Subject to certain exceptions, you have only sac (6) months from the date this notice was personally served or deposited
in the snail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. if you want to consult an attorney, you should do so
mediately. *For Additional Warning See Reverse Side of This Notice.
TEAT OF
I declare under penalty of perjury that I assn now, and at all banes 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 Martinm California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Darted: 0&6b4Arfq By: PIEL BATCBELO t B Deputy Clerk
GEINYERAL DESCRIPTION OF THE LOSS, INJURY OR DAMGE SU= ED:
Minor was denied due process in the manner he was removed from the custody and
residence of his uncle,step-aunt and grandmother.
TOTAL A. O ' T CLAMIED: N. EXCESS OF$25,0£30.0€3.
THE BASIS FOR COMPUTING TBE TOTAL AMOUNT OF THE CLAIM IS AS
FOLLOWS.
Special Damages incurred to Date: None
General Damages for: Pain and suffering,emotional distress.
I the undersigned declare under penalty of penury that I have read the foregoing claire:for
damages and know the contents thereof; that the sane is true of my own knowledge and
belief, save and except and as to them, I believe it to be true.
Dated: September , 1999
Marcel Braggs
Received by the Centra Costa County Board of Supervisors this day;of September,
1999.
by:
Contra Costa County Board of Supervisors
651 Pine Street _
Martinez, CA 94553
SEP 16 19,99i
VIeTOR JMEST QAN DEPUTIES:
PLBLEPS ALTHOFF
COUNTY COUNSEL JANiCE` AtfENTA
NORA G.BARLOW
B.PEBECCA BYRNE S
DY
SILV ANO B.MARCHES q�� g� �^�, q ANDREA .COOW. P R
�Y@ � ��� MONiKAt COO?.R
CH 3EF ASS;STANT COUNTY COUNSEL VtCKIE L DAWES
OFFICE FT` E OUNUM.., OUNSEL VAftK_S._ST;S
ULLI
MICHAEL D FAR.
SHARON L.ANDERSON
`fI.Q•2'�4'A3�ik4�i>6iwTRA fC7I�6Llf.£3'ESi� :. LIL:tANT F'JIPt
ASSsTANT coy QTY cocNSEL ca .PfL DENNIS'
'ANE
T L.HOt MES
GREGORY HARVEY MAIN NIEZ,Q�&IF � € I 3:1229 KEV:NT.KERR
o SERiNARD L.KNAPP
ASSESTAN'• COUNTY COUNSEL EDWARD V.LANE,JR.
BEATRICE L?U
MARY ANN MASON
GAYLE U:UGG:-E ?AUL A.MU-N
VALERIF i.Q.ANCHE
CFFPCE MANAGER STEVEN P RETT:G
DAVID F.SCHWD-1
DIANA J.SALVER
PHONE(925)335-1830 BARBARA N.SUTUFFE
FAX(925)646-1078 JACQUELiNEY.WOODS
NOTICE OF IN,
ANIS/0
NON-ACCEPTANCE OF CLAIM
TO: Marcel Braggs
c/o Lisa Ricks-Jackson
2708 Vasquez Court
Antioch, CA 94509
RE: CLAIM (7P: Marcel Braggs
Please Take Notice as Follows;
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[ L The claire fails to state the name and post office address of the claimant,
[ ] 2. The claim: fails to state the post office address to which the person presenting the claim
desires notices to be sent.
X 13. The claire fails to state the date, place or other circumstances of the occurrence or
transaction which gave rise to the claire asserted.
[X j 4, The claim fails to state the name(s)of the public employee(s) causing the injury, damage, or
loss, if known.
15. The claire fails to state whether the amount claimed exceeds ten thousand dollars ($10,000)0
If the claire totals less than ten thousand dollars($10,000), the claire fails to state the amount
claimed as of the date of presentation,the estimated amount of any prospective injury,
damage or lass 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.
[ E. The claim is not signed by the claimant or by some person on his behalf.
Page I
[ 7. Other: The claim fails to describe any duty or obligation of the publicentity and any action
giving rise to the claim.
VICTOR J. WESTMAN, County Counsel
By:
uty Co Counsel
e
CERTIFICATE OF SERVICE BY MAIL
W.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664)
I declare that rry 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
servers a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: September 20, 1999,at Martinez,California.
s
1
cc: Clerk of the Board of supervisors(original)
Disk Management
(NO'T'ICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8)
Page 2
...............................
GENERAL DESCRIPTION OF Tfffi LOSS, INJURY OR DAMAGE SLFrERED:
Minor was denied due process in the manner he was removed from the custody and
residence of his uncle,step-aunt and grandmother.
TOTAL ANIOUNTIT CLAJNIED: LIN EXCESS OF$25,000.00.
THE BASIS FOR COMPUTING TIM TOTAL AMOUNT OF TUE CLAIM IS AS
FOLLOWS:
Special Damages incurred to Date: None
General Damages fon Pain and suffering,emotional distress.
I the undersigned declare under penalty of perjury that I have read the foregoing claim for
damages and know the contents thereof-,that the same is true of my own knowledge and
belief,save and except and as to them, I believe it to be true.
Dated: September 1999
1 Ix �
Marcel 4raggs
Received by the Contra Costa County Board of Supervisors this day of September,
1999.
by:
Contra Costa County Board of Supervisors
651 Pine Street
Martinez,CA 94553
SEP 16 191 9 9
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LAW OFFICES OF
ANDREW C.SCHWARTZ CASPER, .MEADOWS & SCDTZ TEL: (925)947-1147
MICHAEL D.MEADOWS A PROFESSIONAL CORPORATION
STAN CASPE12 CALIFORNIA PLAZA FAX: (925)947-11131
LARRY E.COOK 212' NORTH CALIFORNIA BOULEVARD EMAIL: INFO@Cv1SLAW.COM
THOM SSATONF SUITE 1024
WALNUT CREEK,CALIFORNIA 94596
September 16, 1999
vi - 141 �r d -ReWrn a eWt eamak
Clerk, Board of Supervisors
County of Contra Costa
651 Pine Street, Room 106
Martinez, CA 94553
Claim Against Contra Costa County, Capt. Ovid Holmes, et al.
Cour Client: Barbara R. Cimino
Dear Clerk:
Enclosed please find the original and one copy of a Claim against the County of Contra
Costa on behalf of my client, Barbara Cimino.
Your cooperation in fling this claim and returning a copy to our office stamped
"received" in the envelope provided will be greatly appreciated.
Should you have any questions, please do not hesitate to contact our office.
Very truly yours,
,Pl kr
A';�CA
SPER
SC:cr
Enclosures
.... ......... ......... ..._-... ...._.... _........ ......... ......._. ...... .. ._..._..
.. ......... ......... ............ .......... ........ ..._..... ......... ........ .......... ........ ..........
STAN CASP R, State Bar No. 567€35
CASP R, MEADOWS & SCHWAR Z
A Professional Corporation
2121 North California Boulevard, Suite 1020
Walnut Creel, California 94596
Telephone. (925) 947-1147
Attorneys for Claimant,
BARBARA R. CI INN
-CLA ''� T THE C MY QF CONTRA COQ
TO e Board of Supervisors
County of Contra Costa
651 Pine Street, Room 106
Martinez, California 94553
, a ?\I'S NAME BARBARA R. CIl` INO
C SA I ANIS ADDRESS 1.012 Phoenix street
Danville, CA 94506
CLAIMANT'S TELEPHONE a (925) 648-1261
AMIQUAI QF CLAIM An amount within the jurisdiction of the
Contra Costa Superior Court
ADDRESS TO WHICH STAN CASPER, Esq.
NOTICES ARE. O BESENT a CASPE , MEADOWS & SCHWARTZ
A Professional Corporation
2121 North California Boulevard, Suite 1€32 3
Walnut Creel, CA 94596
DAIEDE OCCUR `NCE e January 1997 to May 17, 1999
PLACE F OCCURRENCE a Office of the Sheriff-Coroner
Contra Costa County, California
m1 -
_...... ................._....... ......... ......... ........_ ..._..... ....._... .._....
......... .............._........... ........... ........ ......_... ......... ......... ........._.. ......... ..........
HCS" ID CLAIMARISE:
See attached copies of original and supplemental DFEH complaints setting forth the basis
for this claire of sexual harassment, discrimination, retaliation, and wrongful termination
against the County of Contra Costa, the Office of the Sheriff-Coroner, Sheriff Marren E.
I upf, Commander Kathi Holmes, Captain favid Holmes, Clifford Warrick, Lt. Greg
Gilbert, and Eric Imhof.
The injuries sustained by C1111aimant as far as known as of the elate of the presentation of
this claim consist of lass of earnings and general damages in an amount within the
jurisdiction of the Contra Costa Superior Court.
Jurisdiction over the claire would rest in the Contra Costa Superior Coin.
Dated: Se�ter� r 16, l9
an Casper
CAPER, MEADOS SCHWARTZ
Attorneys for Claimant
- 2 -
_. _. _. .. _. ... ............ _.. ._.
._._.__. .. .......... ._........ ........__.. ........._.... ......._.. .._....... ......._. ......... ......... .._......
� �IVE
v.:
STAN CASPER, State Bar:N`o. 56705 �
a
CASPER, MEADOWS & SCHWARTZIL
A Professional Corporation CLQ.
2121 north CaliforniaBoulevard, Suite 1020
Walnut Creek, California 94596
Telephone: (925) 947-1147
Attorneys for Claimant,
BARBARA R. CIMITNO
CLAIM MUI DIST THE CI7EMY OF CONIRA COSTA
TO : Beard of Supervisors
County of Contra Costa
651 Pine Street, Room 106
Martinez, California 94553
CLAIM ANI 'SAME : BARBARA R. CIMINO
CI AI11 ANES ADDRESS a 1012 Phoenix Street
Danville, CA 94506
CLAIMANT'S T `LEPH€ NE : (925) 648-1261
AMOUNT O CLAI : An amount within the jurisdiction of the
Contra Costa Superior Court
ADDRESS TO WHICH S'I'AM CASPER, Esq.
N01ICES ARE 10 BE SENT : CASPER, MEADOWS & SCHWARTZ
A Professional Corporation
2121 worth California Boulevard,,Suite 1020
Walnut Creek, CA 94596
II TE OF OCCURRENCE : January 1997 to May 17, 1939
PLACE OF OCCURRENCE Office of the Sheriff-Coroner
Contra Costa County, California
_ 1 -
HOW DID CI AI Alt a
See attached codes of original and supplemental D EH complaints setting forth the basis
for this clam of sexual harassment, discrimination, retaliation, and wrongful termination
against the County of Contra Costa, the Office of the Sheriff-Coroner, Sheriff Warren E.
Rupf, Commander Kathi Holmes, Captain Ovid Holmes, Clifford Warrick, Lt. Greg
Gilbert, and Eric Imhof.
The injuries sustained. by Clamant as far as known as of the date of the presentation of
this claim consist of loss of earnings and general damages in an amount within the
,jurisdiction of the Contra Costa Superior Court.
Jurisdiction over the claim would rest in the Contra Costa Superior Court,
Dated: SeptQmher 16, 1999
�an Casper
CASPEtt, MEADOW & SCHWARTZ
Attorneys for Claimant
- 2 -
EMPLOYMENT
COI IPLAI'NT OF DISCRIMINATION UNDER BI=ER
THE PROVISIONS CE THE CALIFORNIA OFEH USE ONLY
FAIR EMPLOYMENT AND HOUSING ACT
CALIFORNIA DEPARTMENT OFQ111 EMPLOYMENT AND HOUSING
YOURNAME#ineicata fir.or s.t TELEPHONE N.1108ER MCLt#CE AREA CODE,
MS. BARBARA R. CIM I NO (925) 648-1261
-
N12 bHOE'NIX STR.EE:
C#TYtSTATe(ZlPCtli;t4TY ry COUNTY CODE
ANVI .LLE, CA 94506 CONTRA COSTA_ - — —
NAMED IS THE EMPLOYER, PEPSCff , LABORO ANIZATIOI1, EMPLOYMENT AGENCY, APPLE I a ESI�IP
COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY W'HO DISCRIMINATED AGAINST ISE.
NA+tic COUNTY OF CONTRA COSTA THEPHONE NL•�kC A tInAuda Area Code,
OFFICE OF THE SHERIFF—CORONER (925) 335-1500
ADDRESSj OFEH USE ONLY
651 PINE STREET, 7TH FLOOR
CiTY{STAT EMP OII#NTy Cflt#RTy CODE
MARTINEZ, CA 94553 CONTRA COSTA �
NO.OF EMKOYE S11MEMBERS lit known} TA-TE iDST RECENT OS CONTINUING O#SCRINNATiOrN i RESPONDENT CODE
UNKNOWN TOOK PLACE irrrunth,day,and Year'° MAY 119 1999 i
u PARTICULARS ARE:
sired denied employment �denied family or medical€eave
ir'`3 1 /97 t W 5/1'7/99 l iftfas
laid off X denied prornatian de,=ed preg^ancy€saga
SHEERIEFF WARREN E. RUPE, demoted X de,isd trans#es �denied equal pay
COMMANDER KA1HI HOLMES, X harassed denied accom ada£ion denied right to wear pants
CAPTAIN OV IO HOLME SA Forced to quit X oth°at;specify} discrimination.
by CLIFFORD WARRICK, LI GREG ^ILBERT, ERint
Name at Person job Title &8c,3r1etc.l incorporated here4n
because of my: X sex etre^a;erg,nla^castry pitysi a#disability X (Circieone)filing,
age Marital Stan mental.disability pro esting;participating in
°. Fe�NJiog
association Mastigano"{Ma§atlon#eS�
race#coior madicai conditsen other{spes<#y,
the reason giver, by
'same of Parson and Jou Tt!e
Was because of SEE A'"TACHEL SUPPLEMENT TO DEEB COMPLAINT OF BARBARA R. CIMINO
(please state
what you befieve .
to be reason(s)
#
wish to pursue this matter in caurt. i hereby toques,that the Cepar.r ant e;Fair Elstploy£nent and iiousing provide a dot-to-sue notice. #understand that:if t wam a#ac rai notice at £g:tt•to•sue,d rss?st
visit the#.S_Eauaf Employment Opportunity Ccmmissinr{EEOC!to file 3 cos^psar.., roat#ia 30 nays Of receipt of the OFEH`"Notice ds Case Clesura,"at;omm 3OG days at the a#tegad discritninatery an.
vrhichevar is carper.
r base nM beef,-.O8fC8d S.°o m3kt:.g this request,Bar do#make it based an fear of total: tion if#do Rost do So. 1 undo;Stand it is the'#eparir:3e£k£of Fair Employment and t3:iSP" 'S policy l.3?let pre£eSS or
sopa^a complaint once the cornplaint has beer!closed an the basis of"Complainant E':ected Cdnrt Actio^."
i re.#are under persa#ty of perjury uutfor the laws of tea State of California the:the#oregaing is true and correct of any awn knowledge except as to:natters stated an rely lOormatiora and
belief,and as to those matters i ha:,°arse it to be true.
Oared
I COMPLA#NA?NT`S SIGNAT!0E
At DANVILLE, CA l
City
DATE NLEt3:
OF.H-300.33 i°1998{
DEPARTMENT OF FAM.EMPLOYMENT AND.HOUSING
STATE OF CALIFORNIA
_ _. ..... ._. ...... ......... ......... .........
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. ......... .......
RIGHT.ro-suE COMPLAINT INT iN O M T IN SHEET
"fid nem a separate signed complaint for each employer, person, labor organization, employment agency, appranticeship committee, state or local
governtment agency you wish to file against. if you are*ilia against both a company and an individual(si,please complete separate complaint forms naming
the company or an individual in the appropriate area.
Please complete the following so that we can process your complaint and for DFEH for statistical purposes,and ratum with your signed complaint(s):
IF FUNG BECAUSE OF SEX.THE REASON:
YOUR RACE:Thack one) X Harassment
African-American _.._ Pregnancy
Asian _ Denied Right to Wear Pants
CaucasianX Other Allegations itis disci-.M,in:�a;: o__s_and
Native American � retal4 a.t~icn --
Other(List) YOUR AGE; 44
YQvR`ETHNICITY:t'uheck one) YOUR,G'N,"j ;
_ Hispanic(other then Mexican X Femme
or Mexican-American; male
_ Mexican-American
Mexican rational YOUR OCCUPATION:
Filipino — Clerical
Polynesian , Craft
Other(hist) Equipment Operator
Laborer
IF FILING BECAUSE OF DISABILITY — Manage,
YOUR DISABILITY: — Paraprofassicnal
AIDS Professional
Dl0ad'CircuIafion Sales
B<airt!NervasIMUscIas Service
_ Cestivefvri�arylPsproduian _ Supervisor
® Hearing Technician
Heart
Limbs(Armsi'Legsi LOW YOU HcARO ABOUT OFEH.
Mental X Attorney
Sigf:t Busi3ART Advertisament
SpeechiRespiratary J Community Organization
SpinallBack EEOC
ECB
IF FILING BECAUSE OF MARITAL STATUS, ® Friend
TUS:
YOUR MARITAL STA (Check onmm
e) � Human Relations Commission
_ "ohabitaticn ® tabor Standards nforcament
Divorced � tacal Government Agency
MarriedPester
_ Single � Prior Contact with OFEH
Radio
IF FiLUNG r3ECAtUSc OF RELIGION _J Telephone Back
YOUR?RELIGION.(Check one) ^ Ty
Catholic
Jewish CO YOU HAVE AN ATTORNEY?
Protestant X Yes ®No
Seventh Day Adventist -�
Cather(List)
Yo Signatt�r
Bate
DEPARTMENT OF FAIR EMPUOYMENT AND HOU&ING
STATE OF CALIFORNIA
SUPPLEMENT TO DFEH COMPLAINT OF BARBARA R. C 1MINO
This Complaint supplements my Complaint of 4/29/99.
Since early 'larch 1999, I was continually retaliated against by my employer. Items of
retaliation included but are not limited to:
1. On March l8, 1999, Cliff Warrick, my immediate supervisor, informed me
that I was being placed into "Phase One" discipline and would receive a letter to that
effect immediate'y. Later that same day, Mr. Warrick informed ane that I was not being
placed in Phase One and instead would receive a letter of reprimand, I finally received a
letter of counseling on April 2, 1999, criticizing my "verbal tone", "inflection or body
language", and "tendency to become defensive".
2. Since going public with my complaints against Captain Holmes, I was
pulled off projects and no longer assigned projects with either the authority to develop or
implement them, as had previously been the case in years past. This caused me to
continually request a definition of my job responsibilities. The response has consistently
been non-responsive. As recently as Match I Ith, Cliff Warrick has responded by saying
that I was simply "to do the right thing".
3. Instead of being assigned substantive projects, I have been assigned to take
over clerical tasks. For example, on Larch 25, 1999, during an activation of the CES
Office for the Chevron Refinery fire, I was told by Captain Holmes to type the log during
the event for all of the other Senior Emergency planning Coordinators. I refused and
suggested that they type their own logs.
4. Captain Ovid Holmes has encouraged new employees to take part in his
retaliation, as evidenced by their open hostility toward nye. I was continually exposed to
threatening stares by both Eric Imhof (a new employee who was on probation) and
Captain Holmes, as well as snickers during staff meetings on Monday mornings and, in
particular, a meeting held prior to the activation on March 25, 1999.
All of this has made my working conditions intolerable. This continuing harassment and
retaliation was outlined in detail to Commander Kathi Holmes and to Sheriff'Rupf in a
lengthy letter dated April 5, 1999. In that later, a request was made that steps be taken to
prevent further harassment and retaliations. On May 10, 1999, the department, through
Sheriff I2upf, refused to take action, finding that no harassment or retaliation had
occurred and that the problem was with any demeanor and that I, rather than those
harassing me, were causing disruptions in the workplace.
As a result of the intolerable conditions, I was forced to resign on May 17, 1999.
1
EMPLOYMENT
COMPLAINT OF DISCRIMINATION UNDER DFEH
THE PROVISIONS OF THE CALIFORNIA4 USE ONLY
FAIR EMPLOYMENT AND HOUSING ACT
Y", 00.9 S r4icago Mr'. or %a.) v--S. BARBARA Fen CIMINO
Aooitess i l.£Pit09 idUMER Gncl e Araa mode)
1012 P OENTk STREET (925) 648-1261
DANVILLE, CA 945£76 C-ON RA. COSTA
NAMED IS THE EM,PLCYLR. RERSON. LABOR ORGAN IZATION, EMPLOYMENT AGENCY, APPRENTICE HTTP
NAME COUNTY OF CONTRA COSTA TE?.E'€+ICHE M81A ClncLude Area code,
OFFICE CE THE SH-ERI.'FF—CORONER 925 335-1500
651. PINE STREET, 7TH FLOOR
CIFYtSTATV21P MARTINEZ, CA 94553 Y T MWY CC wry s. E
ho. of (if kno nF DATE 9OS`;' RECENT QR C RT33 IMG DISCRIMINAt104 ( RES h«E T CCCE
UNKNOW-N TRK PLACE (month dax, sr,4 earl MARCH 18, 1999
XE PARTICJ k,$S 4)Ea.
Or, 1/97 to 3/18/99 WaS fared denied imptoyment . deniad family or medical teawe
a s arm. Laid off den?ad pro tion denied prasnancy teaYo
demlottd denied transfer den;*d equat ray
hararsed derated accamusdat£en __ denied right to wear' pan=e
toeced t Tait other Cs ecif % 3 3 ` ' n
SHERIFF 'WARREN E. RUP1, Cv? ,AhI1�E�KAI.'si :�f�LME`S, APTAI�CV
by CLIFFORD WARR.ICK, LT. GREG GILBERT, ERIC IM C ' (see attached statement of complaint
x6mc of Person Job 'itis direct r'e:e.: nC rpoYc" r��t
bCC t S C IIy: sex ®® rase/color � ohysical disab city � fcircte *ne), tilire
age naeionat origin/ance?stry � man. disabs` icy r�sro*est?ns, paeteetf;atz:rg ra
fatuity _ marltst status r.+tdicat Condition i1V*2tigat;*r% <retnl€atton for;
retigion _m association other <Specify)
It'.1hreason given by
Nam of Person and job FSLae
was because of Male dominated agency whered�scr-Minaticn, harassment, and retaliat~or
[please State against-- and towards female enployees is aufiorize , encourage nd
what you believe conc:onedr (See attached "DFEH Complaint.".)
to be reason(s)]
I sa sustopursue this matter in ccvrt. i hereby request that the fi7 pareadert of Fair E, 7o} nt and iioasirq provide a right-to>sue notice, i
toderstamd that if I want a tedersl notice cf right-to-sue. I gust visit the U.S. Equal Employment (EEM to fi<.?e a
c hint within 30 days of receipt of the CFEN 'Notice of Case C?aware% or wits,;n am days 0. the alleged d4terts+narery aC whichever is
I have not then coerced into making this ,request, nor do I mate it.based on fair of retaliation if I �Q not do So, I understand it is the
cOepartment of Poi.* £a10oy tent and Taus:,�q's po?'cY to not process or reopen a ccrolaint once the complaint has been closed to the basis of
'C0mp)3i5ant elected Court ACOW..
I declare vnde?r penarty !Jury u'rsdtr the taus of the Ste risof California that the tvaegoing is true an4 correct of nay own knowledge exeapt as
to matters stated or lay itsforna.tion and belief, and as se matters I believe It to be true,
weed / 9/90 .
Creed COMPLAINT'S SIGNATURE
At WalnutRECEIVED
WE €tt€c:
OfZH-: a-a3 (a41V) APR 3 0 1999
0EPJ+A":°MEtf',' CF FATP E�iPlt3Y�.£N'€' .3SI'as STATE OF CiLiFC IA
DEPT OF
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our Si griature
DFEH-300-03.1 (04197) 4/29/99
DEPART NT OF .FAIR EMPLOIMENT AND t#GU ING Cate
STATE of CALIFORNIA
DFEH COMPLAINT OF DAKAR. R. CI INN
I have been employed by the County of Contra Costa for approximately 8 years. I started
with the Office of Emergency Services as a Departmental Computer Technician. I was
promoted to an Emergency Planning Coordinator in 1993- 1 was then: promoted to Sr.
Emergency Planning Coordinator January 1995. The Office of Emergency Services was
a division under the County Administrator's Office. My responsibilities are to develop
the County Emergency M,anagernent Plan, to train various County employees in
Standardized Emergency Management System (SEMIS) for field response, Emergency
Operations Center (EGC) -- basically a war room for all department'representatives to
come to coordinate infcsrmation, resources, and priorities. I also have the responsibilities
of the EEC development and maintenance, the State and 'Local Assistance Program. (a
grant of over $100,000 to assist the County with its emergency program.) which includes
various projects that serve the County and jurisdictions within the County. I air, the
Radiological Defense Officer for the County which includes training ass responders to a
radiological accident and maintaining and distributing monitoring devices for
radiological readings, developing and conducting radiological transportation, field, and
EGC exercises €drills). Other responsibilities include conducting' pubic education
programs for disaster preparedness, responding to the EOC during disasters, and most
recently developing a terrorism preparedness program to augment the current County
program. Additional responsibilities include servicing cities that contract with our office
for the development of their own emergency services program.
Throughout my employment with GES, every review I received was exemplary, and I
was regularly promoted and given. raises. I have received many commendations dor work
from City counsels, rely Director, cities I worked with; and when the Mate Regional
Director of State OES Coastal Region requested me to respond to the Northridge
earthquake I also received a commendation from Governor Wilson. In. 1996, my then
Director, Gary Brown, appointed me as the lead coordinator (this was concurred era by
County Counsel) to 'a very high profile project; the shipment of Foreign Nuclear Spent
1"'uel that was to enter port in our County and be transported to Idaho. This program
involved me working with a number of agencies, including the Department of Energy,
Department of the Navy, Coast Guard, Union Pacific Railroad, and Western Governor's
Association. This project involved a lot of traveling and, at tunes, the Bay Area media
would even: show up in other states at these meetings. I worked with these agencies to
erasure safe transport and to ensure that County staff were trained in the event of an
accident. During the actual shipment, I was on the pier at the Laval Weapons Station
ensuring the radiological readings of the casks containing this material did not exceed the
transportation index (the allowed amount).
I first met then Lt. Ovid Holmes through this program. He was the Sheriff's
representative for the coordination team. From the time I first met Ovid until now, I have
been the victim of sexual harassment and retaliation for reporting this behavior.
l
Additionally, during this period, the Sheriffs Office absorbed our division into their
department. Captain. Ovid Homes was appointed as my Director. The sexual harassment
continued which created a hostile work environment because of unwantedcomments,
gestures, and treatment. When I did report this behavior, the Internal Affairs Division
was unable to resolve it. Ovid then became very obvious about his retaliation and anger
toward me. This too,has been swept under the carpet by management within the Sheriff's
Office.
Tine following are specific examples of the aforesaid incidents. They are illustrative of,
but not exhaustive of the illegal conduct to which I have been subjected.
Ie In January 1997 at a Say Francisco meeting for the spent fuel rod shipment
with representatives' from over 20 agencies, I was seated at a table with Capt. Ovid
Holmes. He continued to leer at my legs making me very uncomfortable and constantly
placing them under the table and out of his view. As everyone left the room to take a
break, Capt. Holmes rushed up to me and said, "I can't concentrate here because of your
begs." I walked away without responding to get away ftom him. When the meeting
resumed, he continued to leer and smile at me. I finally moved to another chair and
aligned myself in an area I could not be seen by him.
On or about March 12, 1997, another meeting for the same program was held in Idaho
Falls. Several County employees ate dinner at a restaurant by the hotel. Before other
employees showed up, Capt. Holmes started discussing an affair he had and 'now she was
the love of his life but his wife had found out. I pried to charge the direction of the
conversation by reminding him I'm happily marred to a man I love very much. He
continued to discuss his sexual compatibility with this other woman. l became more and
more uncomfortable, and told him this isn't exactly business conversation. He laughed
and said, "No, but I,just can't help :myself." I told him I was going to get the other
employees so this conversation would step. I asked the team of employees from
Hazardous Materials to join me.
Y! :'bile walking back from the restaurant, Capt. Holmes seemed to understand I had
rebutted hien. He insisted on demonstrating some marine force recon actions and hit me
in the face. This was done in front of at least one witness --- Bruce Beneke, an employee
of County Hazardous Materials. Capt. Holmes then:. slammed the hotel lobby door into
my face in front of several employees —Jim Hattum. and Bruce Beneke, and the others of
the hazmat team. The next day, my face still had the red mark and any Director, Gary
Brown, asked me about it. I told hire a very abbreviated version of what happened. I
was too embarrassed to go into all the details and just wanted to remain professional.
At another meeting of"the spent fuel rod shipment in Salt Lake City in October, the entire
team was at dinner. Capt. Holmes leaned over and ;old me to watch what I ate, that I
needed to get my girlish figure back. I told him to knock it off and moved to another
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chair at the table. After finishing dinner, Capt. Holmes came over and sat by me. He was
trying to get personal with me, pressuring ire to acknowledge my flaws and threatening
to lock into my background in the event that i was unwilling to speak on this issue.
Holmes specifically reminded me that the Sheriff s Office was officially taking over OES
and that he would get to "read my jacket". I was intimidated and told him that, in fact,
over the years of my employment I had received only one disciplinary memo. He
continued to pressure me to tell him why, referencing how he would look it up and read it
anyway. Finally, I admitted that I had been, reprimanded for trying to make a joke, by
calling my Director a "pimp" because of his contracting our staff out to other agencies.
Capt. Holmes looked at me and called fine a "slut" in a very nasty', tone. i informed
Holmes that even though my comment had been intended in the context takers, I had to
attend a hostile work place class and had beer, reprimanded-, therefore, I didn't appreciate
his cornment and I asked him to stop this tine of banter.
2. On December 4, 1997, one day before the transfer of O S to the Sheriff s
Office, I was conducting a :lass as part of an overail three-day training and exercise.
Cap.. Holmes was in my training class. At. the end of the class, Capt. Holmes rushed up
to ism and said, " '"our legs are too distracting for me to concentrate." His comments,
coming after the numerous tines that I had told hind to stop this type of conversations,
made me feel extremely uncomfortable. That same day we ended up at the same table in
the restaurant for lunch. Capt. Holmes continually leered at fine, to the point that I had to
get €its and spend the entire lunch trying to appear busy by conversing with 'someone else
at another table.
On December 5, the Sheriffs takeover of my department became official. It Became
apparent to me from that time forward that anytime I walked into the of Ace or a .room he
was in, some type of comment would be made by him. His usual statement was, "Oh
stop flashing me", with a real lecherous look. This was said each and every time he saw
me taking off my coat. I would constantly tell hire to stop it. It because so bad during
this time, I would continue to wear my coat in the office, evenn when it was trio warm to
do so.
Then at another meeting for the spent fLel (at our office) in January 1998, he started
again with remarks. As everyone was walking out of the building to Lisch, he rushed rip
to ire and said, "I'm so glad you wore a long skirt so I can concentrate at this meeting."
Again, my statement was, "Stop it." These comments continued countless times and
always referenced my body, legs or clothing, often referring to the way my clothing
floored around my legs. I was beginning to believe the concept that his behavior was my
fault. Each time he said something inappropriate, I began to wonder whatI could have
done to prevent it. After all, his comments always indicated what I gore, that I was
flashing him when I took off my coat, and that I had dame something to distract him. He
was very apt at placing the blame of his comments on me.
3
3. Later in early February, the storms began and I was ordered by Capt.
Holmes not to leave the office for the next 26 hours. I was the only employee ordered to
remain on the premises by myself with only Capt. Holmes stopping by periodically.
During those times, Capt. Holmes would continually comment that "at least it was
pleasant work, since he could look at rhe." Holes even insisted that l sleep at work that
night. I stayed at the office all night, but could not sleep. I never knew ;f or when
Holmes would comae into the office. I shade sure that Capt. Holmes knew my husband
would be in to bring me things.
4. On or about the middle of March, I was walking down the hall in our
building. Quid asked me if I have crabs. When I very angrily said, "What are you
talking about?", he said, "Oh nothing", leaving it very uncomfortable for me. I refused to
continue the conversation and walked away. Later that day he called me into his office to
help him look for something and told me to look in his in-boxes behind his desk. He also
had Lt. Kathy Samuels helping. As I looked up and saw his computer screen, there was a
very detailed e-mail about what constit=uted adultery. It was obvious that he had asked
me behind his desk so I would see it. Where I gasped and said something, he chuckled
and shut down his computer screen. It was during this same period that i found a female
employee steeping on his floor one morning while opening up the office. This was the
same employee that the previously-mentioned e-mail about adultery had been addressed
to.
One of my assignments was to develop a Terrorism Plan to augment our County
Emergency Plan, When I asked Capt. Holmes if I could go to the class in ,San Luis
Obispo in March or April of 1998, he started, "Only if the two of us go." I knew this
would be a di_ cult week, being constantly in Capt. Holmes' presence. I refused to drive
down with hire. When 1 checked into the hotel, I made sure I was put in a room as far
away from his as possible. Not only was his sexual harassment of me continual, but
Capt. Holmes tried to impress me with his being a physically violent and dangerous
person so that I would become further intimidated by him. For exam.ple, at a dinner
during this week-long class, Capt. Holmes came up to my table and whispered to me,
"These people only talk about killing. I've done it." His continued attempts to frighten
me was further demonstrated when driving back from a meeting in Sausalito sometime
on or abort ,lune 2nd. He pulled his gun for no reason in a car and said something like I
don't like this area and I want to get people before they get me.
He still continued to make comments and ever became more suggestive with there. After
a particular sheeting in May of 98, Capt. Holmes came into my office, sat by me, and
said, "You know; not one person in that meeting could concentrate. They were all
looking at your chest." I told him that he should focus on the meeting and that was his
interpretation, not mine. And I didn't appreciate the comment or how he was behaving.
At this time there was no one else around, so I got up to leave out of my own office.
4
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Capt. Holmes said, "I guess I'm just the old fashioned type." I could only take this as
meaning that he was a "real man" and could say and do as he pleased with women.
5. In May 98. Capt. Holmes came into the building and called me into his
office. He said, You know, I just left a female deputy and she showed me her boob job.
She just lifted up her shirt and showed me. You know she is proud of her chest. But she
should be, she had a great figure. then ... and had them unproved. They look great." I
told him I didn't want to heal it. I wasn't interested, and.lie seemed obsessed with boobs.
He responded with, "Do you really think so, because actually, I prefer legs." The whole
time, he was eyeing me up and dawn.
I stormed out of his office and informed his secretary; Anne Flares, of the conversation.
She said she was glad I told hien, he needed to hear it again.
At another time in May, both Lt. Samuels and I was in his office at his request, again to
look for something. Lt. Samuels said she didn't feel well. Ovid responded with, "Oh,
you're just having your female time." He had already asked me to look behind his desk
for something he had lost. So I was trapped there daring this conversation. I said that
was inappropriate, and he replied, "Why, do you have the Commander listening?" I told
hien it was inappropriate for him to say that and that I didn't appreciate his remarks. He
also at one point referenced how Lt. Samuels needed to get back that girlish f gore. He
said this to her while I was standing there in an obvious attempt to engage me into
conversation about body parts and shapes. Instead, I left the room.
During this sane period, I was forced by Capt. Holmes to cancel a 'meeting so that I
could accompany him window-shopping in Walnut Creek. I protested to him, informing
hire that I was supposed to be in Concord. In response, he called my Concord liaison and
lied to him, informing him that I was needed for budget issues. After several
excruciating hours, I told him I was not comfortable with this, I have work to do. He
responded, "I'm sure you can make it up to me." I then told hire I had much work to do
and I needed to get'back to the office. At approximately 12:45 he dropped me off at the
office and left.
6. Finally, in .Fare 1998 I sought out Lt. Christine Dean. the Chief of.Police of
Danville an individual whom I reported to once a week through a contract for
emergency services. She is a lieutenant in the Sheriff s Office also, since Danville
contracts for police services from the County. I informed her of all the inappropriate
conduct and asked. what I should do. She informed me she would also be responsible
now that I had informed her, to follow-up and insure that I do tare steps regarding :may
complaints. She also told me that these issues Need to be addressed to Commander Kathi
Holmes, but I should wait until I'm approached. She said that should be this afternoon
since she was calling her immediately.
5
Commander Holmes called me to discuss the situation with her. Chief Dean had notified
her of my situation. Commander Holmes inform, ed me that she was turning the entire
thing over to Internal Affairs. On or about Jane 23, Capt. Holmes announced to the
entire office that he was being investigated. Oft .lune 25, 1998, the day I was scheduled
to be interviewed by IA, Capt. Holmes came into my office and asked Llan Guerra,
Health Services, to leave so he could talk to me. He said in a very threatening tone, '`I've
just been told you're the person in the sexual harassment investigation against me, so I
don't feel comfortable keeping this." He then threw the money clip I had given him as a
gift -fir om my recent vacation. I had purchased small gifts for all my office co-workers
and thought it would be too obvious if I didn'tget him one also. Within minutes, I was
then called into lA for my interview. 1-was frightened, livid, and in tears, asking thein
why he had been allowed to confront me just prior to my interview.
The investigators told me that I had no right to expect that. Capt. Holmes would not know
who his accuser was. Luring the interview, I told the investigators as much as I could
about the sexual harassment and Capt. Holmes' attempts to physically intimidate me.
From the nature and tone of their questions, I felt the investigators were prosecuting me
daring this interview. I was asked things life, "Couldn't he have been daydreaming?"
"Do you wear your skirts too short?" I got the overall impassion that the interview had
more to do with trying to establish Capt. Holmes' innocence than to lis erg to nye.
Shortly after the interview, it was announced. that Capt. Holmes was placed or, leave
during the investigation. While I had: been: constantly admonished by my superiors not to
discuss this investigation with anyone, Capt. Holmes on a number of occasions
throughout his leave would show up at the office and attempt to intimidate me. He
continued his intimidation through a series of e-mails to me. Notwithstanding his being
on leave, Capt. Holmes would show up at greetings and glare at ane. I started not
attending very important meetings, including that of a County-wide disaster council
meeting.
Again, while I was ordered not to discuss the investigation with anyone, Capt. Holmes
was obviously talking to other employees, trying to get them to chose sides. For
example, he was telling other employees in our office to communicate with him at home
while leaving me in the dark about important asponsibilities. This became apparent
when the "7-day Notice" came in to Patricia Pava about the skip Carrying the spent f,:.el
rock. I was supposed to be informed of this so I could'notify the appropriate agencies and
begin the receiving process of this shipment. Instead of telling me, she called Cala.
Holmes at home and I was not informed at all. This jeopardized my performance as well
as my reputation in not notifying all involved agencies. When I asked why I wasn't told,
Patricia said she told Capt. Holmes and someone else should have told me. This was in
direct violation of the Incident Action Flan that was prepared for this shipment.
6
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In early July, Commander Holmes called me into her office to inform, me that the
investigation had found three issues that were sustained. I was never told: what these
issues were. She further informed me that the investigation foundmy complaint of
sexual harassment unsustained. Commander HolmeIs then told me that I would have to
work with Capt. Holmes and that I needed to be prepared for how difficult it may be. She
gave me no assurances that I would be protected from his retaliation or continuing hostile
environment. At the time, while I was apprehensive, I had no idea how €Iiffcult Capt.
Holmes would snake my life. I had no idea a person could do so much to extract revenge.
7, Retaliation immediately ensued. Capt. Holmes took actions that directly
affected my ability to perform my job, Capt. Holmes began immediately to leave me out
of meetings. He would not even tell me they were scheduled, in fact, would hold them
while I was out of the office. Some of these meetings were directly involving may
projects, such as contract development for our contracted cities, Ifi.irther preparation for
the disaster council meetings, and overall office policy issues. This became quite
obvious that there were meetings held in July and August of 98 without my knowledge or
participation when I would ask questions such as when I asked Patncia Pava, "When did
you get assigned to do my project?" She responded, "'This was settled at a sheeting. I
don't know where you were." Capt. Holmes started to re-assign. most of my projects. He
told Janet Grenslitt she was in charge of the Terrorism project. He told Patricia Pava she
was in charge of getting the internet into the EOC. He became so adept at giving may
work to others that it became an embarrassment to me whenever I Mould contact
someone about a project and they would tell ane they had already talked to someone -else.
Instead, I was assigned menial tasks. Capt. Holmes assigned me to straighten out files,
take minutes, wash the car, and answer the phone when the secretaries were away from
the desk.
When he issued the e-mail for me to straighten out someone's file, I responded that
should be our secretary's job. When he told me to take minutes of a meeting instead of
participating, I told him he had a secretary and I was a management position. When he
told me to wash the car, I did it. When he told me I was to answer the phone when; Anse
is away from: her desk, I just complied, even though there were employees with lessor
classifications and less seniority. He was non-commiunicative with me other than very
evil looks; he still continued to reassign my projects. To date, I have lost EOC
L3ev-empm,ent, Terrorism, SLA. I withdrew from the Exercise project because he had
beenn assigning responsibilities of it to other staff members without informing me.
In September, I attempted to discuss this with him, and he admitted, `'Yes, I'rn pissed at
you. hey wife is pissed at you, and. my family and friends are pissed at you." I told him
we needed to continue to work together and I felt he was attempting to destroy me. He
asked, "Can I sit by you? Cara I held your hand?" At this point I was in tears. I just
asked ham to quit taking revenge. He seated, "i have two modes of operation ® kill or be
passive. And yes, I'm.pissed."
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I took this as another threat and I couldn't take anymore. Since I saw no change in his
demeanor or behaviors, nor were any projects being given hack to me, I talked to my
previous Director, Gary Brown, and he advised me to contact Emma Kuevar, our
Affirmative Action Officer. I did and, after explaining the situation to her, she contacted
Commander Holmes. I met with Commander Holmes and informed her what was going
on and to the retaliation: issues because of the previous allegations. She contacted me the
next day and said she had been told by the Administration to conduct her own
investigation, instead of IA handling the situation. In fate September,'I met with her, and
she told me, ` I've interviewed everyone, and Ovid, and they all have the same problems
with Ovid. Therefore, it is a case of piss-poor management, not retaliation." I told her at
tate time I disagreed. I was advised to get counseling, and she would make the
appointment. I asked for a transfer and even recommended I work in Patrol since they
contract with cities, emergency preparedness could be a part of the contrast. She said
there was nowhere for me to transfer to, since my classification is so specialized, and
Ovid hirrAelf said I too valuable to lose as an employee. I again told her I guess I have
to accept her answer, but I disagree with her finding. Within two weeks, an assigmnent
matnx was developed to show who was to do what in our office. While this looked good
on paper, Capt. Holmes still disregarded it and would have others work on my projects.
S. wring this time, the newly created position of Emergency Services
Manager was in the hiring stage. I was interviewed by Commander Holmes and
Undersheriff Rob Henderson. This position was still to report to Capt. Holmes and he
was excluded from my interview. I was flatly asked, "Why do you want this position?",
implying that they could not understand why I would want to continue to work under
Ovid Holmes. I was passed over for this position so that Capt. Holmes' hand-picked
choice could receive the promotion. At a meeting in Sausalito in May, I heard Capt.
Holmes tell Cliff Warrick, "This is why I want you in the job of Emergency Services
?Manager." So I was not surprised when Cliff was hired for the job. Cliff has had less
than two years in local government emergency planning, and :had not talon any of the
recognized classes from California Specialized Training Institut for Emergency
Management. ?°nor had he taken any of the FEMA sponsored classes for Emergency
Management.. I had not only taken almost all of the classes, I oftdn was asked to help
teach the classes, as indicated in the previous paragraph referring to the class on
December 4, 1997.
9. In the fall of 1995 for a one to two week period, I received voicemail
messages that were directed to Capt. Holmes. I received two of his from another
Sheriff s Of-ice employee, calling me a phony and. a Liar and talking about their°year-long
affair. These anessages had to have been forwarded by Capt. Holmes. They were to him;
and not me. He was continuing to harass me through this method and to let me know
employees were on his side.
g
_. _.
Obviously, he was able to share all of the investigative report with other employees while
I had beer. "admonished to still not speak of it." In early January 1999, he asked me to
puce something on his chair so that it wouldn't get lost. When I did so, an e-mail to
another employee was on his screen. (I tried not to read it, but it was obviously Left up on
the screen for me when I was supposed to go into his office.) It contained descriptions of
clothing he liked on women, and which direction the zipper would go to snake it sexier.
10. Capt. Holmes has continued to refuse to communicate things to me about
my projects. He has also attempted to embarrass and further harass arae by continually
mocking my complaints. In November, while preparing for a meeting,with the County's
Building Official, Carlos Bustamante, Capt. Holrnes stepped inside my office, helping
himself to a cup of coffee, and said, "Gee Barbara, is this uncomfortablefor you?" I
asked him what he meant, and he said, "After all, I may be too close to you." At staff
meetings, he makes comments as to his punishment being nothing more than a 5% pay
reduction and he can make that up by not attending meetings. He 'still reassigns my
projects to other people without telling me.
11. Since December 1998, he has hand-puked two neer Sr. Emergency
Planning Coordinators. He continued to unfairly criticize me to these male employees.
He has assigned there my projects without telling me, or allowing the to have any input.
When I try to pin him down as to what my responsibilities are, he is vague and says
things are too confusing right now. I have asked Cliff Warrick about the SLA program
being handled without try awareness, and he said he and Ovid decided to rale it into the
budget process. Capt. Holmes changed my work hours in February. He has seen to it
that I'm forced to by in the office alone with him from 4:30 to 5:30 every day. Capt.
Holmes has a different set of rules for ane than for others. i am to report to and leave
from the office while attending workshops, even if a morning meeting' is scheduled, and
coming to work would just mean backtracking. In fact, he has denied me leaving from
the house based on "not asking soon enough" when I asked two days in advance. The
same day, he told Bob Czapinski he could leave from home when Bob asked the evening
before the meeting.
Capt. Holmes is not giving me the commendations that have come into the office. I know
of two in particular. One carne from Congressman biller about the work Capt. Holmes'
staff did for the storms and for the spent fuel rods. Another carne in and referenced staff
work on the fuel rods, and I have not seen. it. On January 7, 1999, I ;asked for my job
responsibilities and he responded via e-mail to Cliff. Capt. Holmes e-mailed anti that I
have the County plan and the exercise (which was already assigned to someone else).
The new employees have now been brought into the situation by Capt_ Holmes and are
allowed to show me their contempt. This is evidenced by the fact that during a class in
February where bath Cliff'Warrick and Capt. Holmes were in attendance, Eric Imhof, a
six.-week employee was allowed to actually yell in try face that I didn't know anything,
after all, he's the "expert". It has become apparent that Capt. Holmes and Cliff Warrick,
9
his hand-picked manager, are telling these new employees their version of events, or
discrediting me to there. additionally, at this class, Capt. Holmes announced we would
be having an opening soon as he glared at me just to let me known my job was in jeopardy.
My role in the office was defined as the "training coordinator" (a clerical function, as
opposed to ray real administrative position as a Senior E nergency Planning Coordinator),
evidenced when. Cliff introduced me to Eric. I continue to ask my job responsibilities and
still have not been told. This was further evidenced when Cliff Warrick received the
memo from me statism; I had an attorney and he would be attending a discipline hearing
with me. Cliff did not see me in the room with these two probationary male employees
and carne running into the room waiving the memo. He saw ere before he could say
anything and abruptly turned around and-went the other way.
12. On January 27, I asked about a commendation I saw in the department
newsletter. Ovid said he didn't know anything about it. (It mentioned Janet Crensli-tt
instead of me about the spent fuel road project that I had been lead coordinator ori.) I
asked that if we get commendations, shouldn t we get copies € fthe ? 'Capt. Holmes said
he had sent the commendations to our secretary to copy. The secretary informed me she
didn't know what Capt. Holmes was talking about. Holmes then. said, "Well, Pat and
Janet have theirs", and walked out of the office. Because of several frustrating issues that
morning, like telling me I didn't request soon enough for permission to leave from horse
for a meeting so that I was denied that permission, I was so upset that I left world. I
e-mailed Commander Holmes, asking her to calf me at home. I discussed the situation
with her as to all of the retaliation and my evidence of it through. 'e-mails. I was
extremely upset and crying and told her that, if necessary, I would get ars attorney. She
said that Capt. Holmes hasn't broken any policy and I should call for a counseling
appointment. She said she didn't know what else I could do since I didn't have a union
representative. She said she would find out ar nye. She asked me to calm down and
write out my concerns and what I wanted. I told her I wanted things to stop at the office
and I wanted to know my job respon=sibilities and what they entailed. She said she
thought Cliff was my boss and asked why hadn't I gorse to hire. In response to
Commander Holmes' comments, on February 3, 1999, I talked to Cliff Warrick about the
Terrorism Project being assigned to others without my knowledge. He said, "Everyone
knows you carried this office for years." I told hire. that I just wanted a clear explanation
as to my responsibilities. He said he did not know. He then ordered me to hype the-
Terrorism
heTerrorism Plan (typically done by a secretary) and turn it over to Eric. In making this
order, he acknowledged that Capt. Holmes and he had just discussed this matter. I was
shocked and angry that I was relegated to a menial task. This was an insult to my
capabilities. On February 5, 1999, I told Cliff Warrick that I felt it was unfair for ire to
do the clerical work on the Plan and then tura it over for project management to someone
else. Either he should do it all, or I should do it all. Cliff said that projects were going to
be reassigned because of new personnel. I told hire I had no problem with that, but, since
I have seniority, I should at least be able to give input as to what projects I turned over.
But, most importantly, I should have beer. informed as to which of my projects had been.
to
......... ......... ......... ......... ._...... .....................................................................
......._._.... . ...._._.. .............. ......... ....__.... ........................... ........._.. ..._...... ....._..._....._.........___.......
reassigned. He said that Eric had the experience in Terrorism and it was for the good of
the organization that Eric handle the project. Eric is an employee who is still on
probation and his been known to yell at various people during meetings if he doesn't get
his way.
On February 8, 1999, Commander Holmes pulled me out of a swearing-in ceremony to
continue our conversation of January 27, 1999. She said that there wasn't anything she
could really do about the situation because I have no union, that she saw no policy
violations or Internal Affair issues; and that I should avoid Ovid Holmes and work solely
with Cliff Warrick.
I am still the only employee required to come into the office before and after an all-day
class or rrseetina. This was evidenced during the class in which six of us participated ire
February 1999. Not one other employee was required to come in before or after, except
for myself.
The retaliations has now been carried on by Cliff Warrick. On February 11, 1999, I met
with Cliff Warrick and told him that I wanted him to be aware of the conflicts between
Capt. Holmes and myself. I would not give details and asked if I was supposed to go to
hire with these conflicts or to Commander Holmes. He stated., "I really don't know. I
w43ill, �+ybe happy
+ /t�yoq�+y spynf ,interference, beat I haven't really bee::n. informed.. about my
supervisory iso3.y responsibilities."
13. On March 1st, I was asked to meet for a few minutes by diff War-ick.
When I entered his office, Lt.-Greg Gilbert was sitting in the office. I was asked how my
schedule was for tomorrow. I wasn't sure, but I said I believed I was just working on a
project. Cliff then stated, "Policy requires rite to give you 24 fours notice of a :Meeting,
and I would like to schedule it for tomorrow at 10:00 a.m." I asked, "About what?", and
he said he would discuss it at the meeting. I again asked, "What is this about?", and he
stated something about counseling and behavioral things. He stated he would not discuss
the specific charges.
On March 2, 1999, at 8:45, Emma called and advised I get a. copy of the quoted policy. I
asked her if I could tape the meeting. She said I needed to get permission in advance. At
9:001 entered Cliff 'ar-ick's office and asked for a copy and explantation of the "24 hour
notice" without being informed of the charges. I asked permission to tape the meeting.
He said, "moo problem. We already planned on taping the meeting.", and could provide
me a copy. I said I would prefer my own copy, I said since be felt it necessary to have a
witness and tape the meeting, it trust be serious. He said yes and that witnesses would be
at the meeting. I asked who would be there. He said, "Cliff, Barbara, and Lt. Gilbert, the
residential expert on the issue."
It
11
......... ....._... ...... ... _..__.... .._.__... ...
. ..........................................................................................................................................................................................................................................
.. .. ...... _ _ _ _
At 9:15 Cliff informed me that he misspoke about the 24-hour time limit, and I informed
him he did not tell me I could have a representative. He immediately went to get Lt.
Ci bem I informed therm that doing this to me with no indication as to the charges is
inappropriate and puts me under a great deal of tension and stress, etc., especially with
the history of what has happened. Cliff quoted, "History is in the pasts', obviously tying
to say that it didn't matter what had been done previously. I reminded him that things
with my past complaint are still continuing and he knew this and was aware that I had
just recently discussed the situation with Commander Holmes, informing her I had seen
an attorney. Lt. Gilbert stated, ""there is no pre-disposition here, Barbara. Our objective
is to solve the situation." I replied, "If there is no pre-disposition, why was a witness
necessary for the notification of the meeting and why do you feel it is necessary to tape
it?" They did not answer, other than, "We are following policy."
At 10:00 I met with CliffWarrick and Greg Gilbert. The allegations they described were
petty and indicate that they were attempting to find some way to discredit my reputation.
I believe that several of the allegations are actually attempts to cover up arrick's own
mistakes or other employees' mistakes. This is evidenced by the allegation that in the
Exercise File I documented conversations that did not take place. I proved they had taken
place by copies of e-mail. This is to blame me for the dismal failure of the planned
County-wide exercise that was reassigned to another employee after I withdrew as the
coordinator. This is the only project that I voluntarily withdrew frorn. The reason for
that withdrawal was,because Capt. Holmes had assigned Cliff Warrick to work on it and
that was creating difficulty for me in the development of the exercise. Capt. Holmes and
Cliff were snaking promises and arrangements without coordinating' with me. Neither
Capt. Holmes nor Cliff had developed a functional exercise for local government before
and obviously were unprepared.
Another allegation was that I Inst an invoice for the Mate and. Local Assistance Grant. It
was not me who lost the invoice, but, in fact, another employee, Janet Grenslitt. Clift
wouldn't believe me when I told him and practically accused me of lying.
A third allegation was aggressive, insubordinate and uncooperative behavior during a
"Mission, Visions and Cols Meeting". Cliff' Warrick was assigned to develop the
ofbtce's Mission, Visions and Goals in October 1998. This is still not done, and he has
stated at staff meetings that he will look into contracting this out to another department
within the County for a fee — another obvious attempt to blame me for his inability to
perforin his job.
Additional allegations were unfounded and referred to things that may or may not have
happened three or more years ago about "people's perception of my attitude".
Additionally, during a follow-up meeting of the above allegations, it was reiterated that
U. Gilbert was in attendance to insure policy. It became quite apparent that he was part
12
of the investigative team, when he started asking me questions and advising Cliff how to
proceed.
Cliff and Lt. Gilbertleft the room to discuss the inter°iiew and how to proceed. They
came back into the room and, after little discussion, diff informed me he is placing me in
Phase I corrective counseling. He did this without even talking to any of the witnesses I
provided to prove I ,was not guilty of the allegations. The meeting 'ended with Cliff
stating he would provide me a letter oil'such that afternoon.
At 3:30 that afternoon, Cliff informed me he would not be placing me in Phase I of
corrective counseling. I asked that he provide me that in writing. He said he would still
issue a letter of reprimand. It was apparent he was quite upset and told me he didn't
know ghat to do. He was having employees tell him they would not work with me. I
asked if it was Pa:t'Pava. He said, `No.*' I then said, "Eric?" He rodded. i told him that
this is insane. An employee still on probation, having a reputation of yelling at the Fire
Training Chief and others, hand-picked by Capt. Holmes, was telling how it was to be.
He said he did not know about the yelling. I reminded hien he was at the meeting. I
discussed with him This rale as Emergency Services Manager vs. Senior Emergency
Planning Coordinator, that I could no longer handle his not communicating work issues
with me. He stated he is concerned for our image -when I speak to others outside the
organization. I asked hien if he is so concerned, why he continues to inform ether
agencies of things before erre. I told hirer of the embarrassing position that puts me in
when these outside agencies ask me about thein and I have not been informed. I
explained again to hirer that the image of our office, but, more importantly, my credibility,
is questioned.
I again asked for my responsibilities. Hve said, "Nothing has changed." I told him that I
have an e-mail from Capt. Holmes telling me my project is the County Plan only (since
the exercise was reassigned). Cliff said, "Don't you mean coordinating departmental
plans?" (This is a project that has nothing to do but read and file other department's
injury, illness, and prevention plans.) I said that is not what the e-mail said. I' told hint I
was tired of no communication and e-mails I send him getting forwarded to and answered
by Capt. Holtnes. He nodded his head up and down and walked away.
Since I originally reported the sexual harassment by Capt. Holmes, he has attempted to
make my life miserable. I am frightened of this mart because of the violent comments he
has made and actions I have seen. I have twice seen hirer deliberately display his weapon
when he saw me coming into the office. On or about January 1999, he was with Cliff
Warrick, saw me, and displayed his gun. As recently as the week of March 8, 1999, he
saw me and displayed his knife in the hallway, going into Lt. Gilbert's office. I have lost
projects and been delegated to mundane responsibilities. I have had to have a security
check on eery home to make sure I am safe. The Sheriff s Office has washed their hands
of my complaints.
13
It is clear that these who complain of illegal behavior are retaliated against, while their
male counterparts are rewarded for their silence and often cry-conspiracy. For the
foregoing reasons, and predicated upon the enumerated occurrences (which I reiterate
does not comprise ars exhaustive list), I hereby submit this complaint of sexual
harassment and unlawful discrimination on the basis of gender, as well as discrimination
through retaliation of the internal complaint filed in Jure of 1998.
14
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CA s
tz
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f`.
CLAIM
October 19, 1999
aim Against ft Coy, or District Governed by
ft Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT
and Board Action, All Section references are to N copy of this nt rmi>ed to you is your
Califorria Govermmnt Codes. } wice of the action taken on your clim by the
Goard of Sqvrvisors. (Paragraph IV lotj, Oven
Pursuant to Govammm Code Section 913 and
FP? f v cF 4
915.4. rote all " arrings"e
l
J
AMOUNT: in Excess of $25,000 n rx
CI M Xavier Fitzhugh
?m�
rnZ
ATTORNEY: DATE Se-DL
��, 1999
ADDRESS: c/o 2708 Vasquez Ct. BY DELIVERY TO CLERK ON: September 16, 1999'
Antioch CA 94509 ,� �. 5 : Hand-Delivered
L FROK Clerk of the Board of Supervisors M County Counsel
Attached is a copy of the above-noted clams.
Septen.-ber 17, 1999 PML B) ` Cir e"
Dated. uy: T ep ty � ,.
IL
0.
bounty Counsel 70. Clerk of the Board of Supero cors
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. 7be
Board cannot act for 15 days (Section 910.8).
} Claire is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
(
Other:
Tested: Deputy County Counsel
M. FROM Clerk of the Board a Counsel (1) County Administrator (2)
Claim returned untimely with to to claimant (Section 9113).
. BOARD ORD13L By unanimous vote of the Supervisors present:
{ 71is Claim is rejected in fail.
t ) thaw:
certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: G�� _ ��� PHIL BATCHELOR. Clerk, By ,. � p3'
Clerk
WARNING G (Gov. cede section 913)
Subject to cerin 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 seep the advice of an
attorney of your choice in connection with this utter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFMAWT OF MAIMG
I declare ander penalty of perjury that I am now, and at all titres herein mentioned, have lin a citizen of the United
States, over age 18, and that today ) deposited in the United Mates 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.
/I
Dated: 64� apt. y: PHIL BATCHELOR By / deputy Clerk
GENERAL DESCRIPTfON OF THE LOSS, INJURY OR DOGE SUFFERED:
Minor was denied due press in the manner he was removed from the custody and
residence of his uncle, step-aunt and grandmother.
TOTAL AMOK CLAIMED: IN EXCESS OF S25,0II0.00.
'Ili BASIS FOR COMPUTING THE 'TOTAL Ahr1C}I.TNT OF THE CLAIM IS AS
FOLLOWS:
Special Damages incurred to Date: None
General Damages for: Pain and suffering, emotional distress.
I the undersigned declare under penalty of penury that I have read the foregoing claim for
damages and know the contents thereof-,that the same is true of my own knowledge and
belief, save and except and as to them, I believe it to be true.
Dated: September 1999
4
zsh
3�avier Fitugh
Received by the Contra Costa County Board of Supervisors this day of September;
1999.
by: _
Contra Costa County Beard of Supervisors
651 pine Street.
Martinez, CA 94553
SEP
4 '
VICTOR J. ESTMAN cHLU1S
i�HILLsi�S.A.n[THQFF
COUNTY COUNSEL aAN:CF L.nME\TA
!SORA c.BARLOW
B.S.EBECCA BYRNES
SILVANO .'4Aav �+:�^���g {q +
ANDREA A CASSIDY
�o6,.,NTg"3A C0 TX '1, '; MONIKA L.COOPER
CH)EE ASSISTANT COUNTY CJU�f5Ei V.0 c,E;—.DAAiS
t3 'IE '. ; UES IAR#cs. sT:s
.t € E { €1sCHA a.FnRR
q.f4#£ �a ttv4td•,S F#AE E '£��1#
ASSISTANT COUNT YCOUNSEL ."� �1�1c.S� �� ��RATIO-,"'-
DENNIS.Ha-WEC. ES
z JA4ET L.=iCTL3�IBS
d�A/ A' � R€ -:1229 vl v T.xSRR
GREGORY C.HARVEY
BERNARD L.it� �
ASSISTANT CC3UNTY COUNSEL
BEAARD V.0 R.
BEATRICE Y
WARY ANN MASON
:GAYLE MU13^zL� VAE tJALERI�,;.fASz
RA31C:H=
OFFICE MANAGER STEVEN RRE-MG-
DAVID
E- G
DAVID F.SCHMIDT
DIANA J.SILVER
PHONE(925)335-1800 BARBARA N.SLITLIFFE
FAX{925}646-1073 ACQUELi# Y.'v�CODs
NO ICE OF INSUFFICIENCY
NQN-ACC_EPTA.NCE OF CI.,. IMT
TO: Xavier Fitzhugh
2708 Vasquez Court
Antioch, CA 94509
RI~.: CLAIM OF: Xavier Fitzhugh
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
L j I- The claim fails to state the name and post office address of the claimant.
[ 2. The claim fails to state the post office address to which the person presenting the claim
desires notices to be sent.
X 3. The claire fails to state the date, place or other circumstances of the occurrence or
transaction which gave rise to the claim asserted.
X] 4. The claire fails to state the name(s) of the public employee(s) causing the injury, damage, or
loss, if known.
[ ] 5. The claire fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
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 claimedexceeds ten thousand dollars($10,000), the claim fails to state whether
jurisdiction over the claim would rest in municipal or superior court.
16. The claim is not signed by the claimant or by some person on his behalf.
Page 1
j' 7. tither; The claim fails to describe any duty or obligation of the public entry and any action
giving rise to the claim.
VICTOR J. WESTMAN, County Counsel
Ey- otnii§
puty unsel --
CERTIEICATE OF SERVICE BY MAIL
(C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California
94553;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 Clain: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 20, 1999,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8)
Page 2
...........
.. ..... ...
GENERAL DESCRIPTION OF THE LOSS, INJURY OR DAMAGE SUTFERED:
Minor was denied due process in the manner he was removed from the custody and
residence of his uncle, step-aunt and grandmother.
TOTAL AMOUNT CLAIMED: IN EXCESS OF$25,000.00.
THE BASIS FOR COMPUTING THE TOTAL AMOUNT OF THE CLAIM IS AS
FOLLOWS:
Special Damages incurred to Date: None
General Damages for: Pain and suffering, emotional distress.
I the undersigned declare under penalty of per ury that I have read the foregoing claim for
damages and know the contents thereof,that the same is true of my own knowledge and
belief, save and except and as to them,I believe it to be true.
Dated: September 1999
Xavier Fitzhugh
Received by the Contra Costa County Board of Superv4sors this day of September,
1999.
by:
Contra Costa County Board of Supervisors
651 Pine Street
Martinez, CA 94553
4
R
4: a eg F s
F i • �.., i":" .�. t ♦f." b$" is R �-'" 4. k.: 4 9 O:-. :.$
i:• 161 � ":
.: i
6, 11
CLABI
_ 1 QBE>19, 1:999
Claim Aginnst the Cody, at district Governed by
the Board o�, Supervisors, Routing Endorserrents, ) NOTICE TO CLAIMANT
wd Board Action.. All Section references are to The copy of ttNs dd '.t mailed to you is your
r4gifornia Goverwent C { � notice of theaction taken on your claim the
�<' Board of nAsors. (Paragraph IV Wlm-4, Overs
'EP J
J # ; pursuant to Dover t Code Section 913 and
915.4. Pieria note Al Wings
�,",00;NTY COUNSEL
AMOLINT: $500,000.00
Ben and Gwendolyn Davis
A l o Jacqueline Coulter-Peebles DATE IM: September 14, 1999
The Leamington, Suite 506
ADDRESS; 1814 Franklin Street BY DELTVERY TO CLERK ON: , ember 14 a 1999
Oakland CA 94612
BY L ty; �?nradabl e
L FRONL Clerk of the Board of Supervisors TQ County Counsel
Attached is a copy of the above-noted claim.
PH1L Clerk ,
Dated; S-2tember, 15, 1999 ___Ay. Deputy,
I. FRO.Ni County Counsel M Clerk of the Board of Saaperviso
(V41"This claim complies substantially with Sections 910 and 910.2.
} 7bis claim MLS to complysubstantially with Sections 910 and 910.2, and we we so notifying claimant. The
Board cannot act for 1$ days (Sections 910.9).
Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
t1 airtaant<s right to apply for leave to present a late claim (Section 911.3).
t
) Other:
Bated;, y; _,Deputy County Counsel
IM FROINi dark of the Board M County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely �witb notice to claimant (Section 911,3).
IV. y unanimous vote of the Supervisors present
alis Claim is rejected in full.
I certify that this is a true and correct copy of the B6ard's Order entered its minutes for this sate.
Dated; ' ` PHIL BATCHEWR. Clerk, By , Deputy Clerk
4/1
WARNING (Gov. code station-913)
Subject to certain exceptions, you have only six (6) months s from the date this notice was personally served or deposited
in the snail to file sa court action on this claim. See Government Code Section 945.6. Fara may seek the advice of ars
attorney of your choice in connection with dais matter. If you vmnt to consult an attorney, you should do so
ediately. *For Additional Warning See Reverse Side of This Notice.
AFFMAVrr OF MAUING
I declare under penalty of perjury that I ain now, and at all times herein mentioned, have been a citizen of the United
States, average 189 and that today I deposited in the United States Postal Service in Martinez, California, postage hilly
said a certified copy of this Board' Order and Notice to Claimant, addressed' to the claimant as shorn above.
Dated: w ° By; PML BATCHELOR By �, �� � Deputy Clerk
Law Offices
- of
Jacqueline Coulter-Peebles
The Leann gt€ n, Suite 596 Telephone- (51 3) 839-8444
1814 Franklin Street Facsimile: (510) 839-8424
Oakland, California 94612
Sept . 12, 1999
SEP
14 9 9
Clerk
Board of Supervisors
Contra Costa County
651 Pine Street
Martinez , California 945: 3
P-,Ez . ..,.,-,-,y1-+--_, D 27nC p4 y:., r+aI cnn Qyn
,�a.t: L't..��.. i,. r,Yi2aC.",v s:. , v.,l ......a.%�.aaca....,; ra v c;, . , .>.. p .,.0 ..
Date of Incident/loss : May 5, 7.999
Contractors : Larry Norwood, Norwood Construction & Steiny
P.O. Box 1569
Pleasanton, Calif . 94556
Government Tort Claim:
Dear Sir/Madame :
represent Ben and Gwendolyn Davi .:)f B & G Enterpr� ses, who
sustained property damage on or about May 9, .999, caused by work
then being performed by Larry Norwood' Cons t-ruction on a County
project . an or about May 5, 1999, Norw�iod Construction. Company was
bo�-"_rag a subsurface hole which xAaorlk amparen} 'y involved work under
my client' s structure . According to a representative of the City
of Richmond Engineering Department, t.e subsurface hole was to be
bored from Satz Pablo Avenue to 23rd St.reet, Richmond, CaAifornia;
and, such work was a County of Contra Costa Project. Steiny is the
Prime Contractor on the project .
It appears that as a result of the work, which used boring as well
as water force, the floor of orae of the terra-It' s, (Allied Health
Care; , buckled and mud began oozing through cracks that developed
iaa %.dic �.%.�o=:p c plate g._ccc.:s '';De :..rat-ue A..LsI,-)iiC�y'C:.d an'd
shattered; the doorways to :Doth AIlied and B & G were displaced so
that the doors were unable to Close or fasten. In additions, the
west- wall wi t:.hs n. All led' s business prem!.sen was caused to shift and
crack, which may require major work to repair. My clients have
retained the services of an engineer who is concerned. that
Norwood' s work may have washed away soil. which supported Lhe
foundation to the building. He believes that excavation must be
done to ascertain the true nrture and extent of damage . I was
informed by ars employee of the City of Richmond Engineering
Department that. Crahtree, the add_ar_.-�r:` property owner, had Made
inquiries about lodging a complaibzt about damage done to its
property by Norwood--mud oozing through snacks in the sidewalk.
A great deal of damage has been done to the above-referenced
property; and, as a results of the suspected mature of t;-e damage,
Clerk page 2
Board. of Supervisors
Contra Costa County
Sept . 12, 1999
PB: Property Damage: 2709 MacDonald Ave . , Rich. , Calif. 94504
Date of Incident/loss : May 5, 1999
Contractors : Larry Norwood, Norwood Construction & Steiny
P.O. Box 1569
Pleasanton, Calif . 94565
Government Tort Claim
it appears that continued injury is being caused. Mitigation of
damages is difficult, if not impossible. For example, the picture
win6ow that fronts Allied Real h Cara snare is cracking; and, for
the third time in fewer months needed replacement, due to the
.initial shattering and the subsequent cracking. The shifting of
the entry doorways to the businesses have been adjusted. The
invoices to date total approximately $7, 000 . 00 dollars, between the
engineer, Horatio Avelino and Carter' s Jamese Glass and Design, the
Window Company.
The exact cause of the damage and the nature and extent of all
other damage has yet to be determined, but it appears that the
boring, drilling, and water force caused a shifting of the building
on its foundation and/or washed out the soil beneath the
foundation. Since the matter appears incapable of resolution
through the Contractor' s carrier, my clients must seek damages from
the county.
Please forward to me several of the Government Tort Claim forms
which Contra Costa County utilizes . In the alternative, a claim is
hereby made for damages as detailed above, for the excavation, and
for foundation damage anticipated to be found, in an amount
according to proof; or, a minimum of five hundred thousand,
($500, 000 . 00) , dollars .
f you have questions or meed to disonss this matter further,
feel
free to call . For your convenience in forwarding the claim forms,
I have enclosed a self-addressed envelope, with postage thereon
fully prepaid.
Sincerely,
x ,,�,,``NN.,,� ^ �jY xta"r"v ..,.,#ryA Ne
' queline Coulter-Peebles, Esq.
cc : Ben & Gwendolyn Davis
Horatio Avelino
Carter Jameses
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CLALM
ARDBER19, 1999
(Naim Agairm ft County, or District Governed by )
the Board frv €sors, Routing Endr rets, ) NOTICE T % N
and Dowd coon. All Section references are to The copy of Ws doccent Wed to you is your
California Govern Codes. notice of the action taken on your Bairn by the
Board of Supem'sors. (Pa'l ' e IV bef*, even
sent to Govertmrit Code Section 913 and
11-5.4. Plow rote all w ngs".
ot.Tl rr: 'done Stated SEP 14 1999
err: Shenna Madison MARTNEZ, AUF-,.
A y: c/o Michael F. I;ohlstadt;er OhTE RE)CErvTD. September 14, 1999
ADDRESS: 488 Seventh St. BY DELTVERY TO CLERK ON. _September., 14, 1999
Oakland . 94EN
BY MAEL POSTMARKED. Hard-Delivered
FROft Clerk of the Board of Supervisors 7U County Counsel
Attached is a copy of the ve-noted claim.
September 14, 199
PML , Clerk.
Dated: y: L'3e Baty 2nn . z
0
ML
ONL- County Counsel M. Cleric of the Board of Supervi rs
(Vf"'Ibis claire complies substantially with Sections 910 and 910.2.
( ) This claire FAILS to comply substwitially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.11).
) Claim is not timely filed. The Clerk should return claire on ground that it was filed late and send warning of
clairrcnt's right to apply for leave to present a late claire (Section 911.3).
) C her:
Dated: 3 y: € ,,.peputy Canty easel
FROM Clerk of the Board TQ County unset (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
1V. B0AJW ORDnb By unanimous vote of the Supervison presents
dais Claim is rejected in full.
Other:
I cerify that this is a true and correct copy of the Board's Carder entered in its minutes for this date.
ed:. L 11'1211' PML BATCHELOR, Clerk, y r l arta' Clerk
4-1
INC (Gov. code section 913)
Subject to ceresin exceptions, you have only six (S) months from the date this notice was personally served or deposited
in the snail to file a court action on this claire. See Government Code Sections 945.5. °Vont may seek the advice of ars
avec raey of your choice in connection with this utter. If you want to consult an Attorney, you should do so
irrunedistely. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVITOF Li@
I declare under penalty of ledury that I am now, and at all ties 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 faall�
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shovm above.
Dated: �: ��,� � By: P L BATCHELOR By �� � � puty Clerk
MICHAEL F. WOHLSTADTE-R
MARK W. MANDEL
Attorneys at Later
488 Seventh Street
Oakland, CA 94607
Tel. No. 5101839--1.612 SEP 1
Fax. No, 510/839-4250
Attorneys for Claimant _._..... U
CLAIM FOR DAMAGES
1. dame and Address of Claimant. ; henna Madison (11127166, 438-23-4178), 387
Michele give, San Fabler, CA 94806.
2. Name and Address of Person to whom Notices are to be directed. -WICRAEL
F. WOHLSTADYER, 488 Seventh Street, Oakland, CA 94607, telephone 510,'839--1612,facsimile
5101839.4250
. Date and circumstances of occurrence. On 8119199 while in custody of the Contra
Costa heel °s Department, claimant was being transported by vanfirom the Martinez jail when
a collision occurred between the van and a second vehicle as the van was pulling out of the
driveway of rite ,fail facility, There were no .seat belts available to prisoners in the van.
Claimant was injured in the collision. It is believed that the incident was reported by police.
4. Names of public employees responsible for occurrence. Unknown at this time.
. Nature of injuries sustained. Claimant sustained neck and back injuries.
6. Basis and amount of damages claimed. Claimant was treated at Alta Bates
Hospital, Berkeley, CA,following her releasefir
om jail in Contra Costa County, Copies of the
resultant medical recordsfrom Alta Bates are enclosed. PWn#ff is undergoing further care.
Additional medical information, inclaading billings, will be.fujrnished.
{
Dated. September 12, 1999
Mark-
y _
Office of Michael F. Wohlstadter
Attorneys for Claimant
PROOF OF SERVICE
1n re Claim for Damages ages of Shenna. Madison
The undersigned declares that he 1s over the age of eighteen years; is not a Party to the within
action; is a citizen of the United States; and is employed at 488 Seventh Street, Oakland, CA
94607°
The undersigned further declares that on September 0 1999, the undersigned served true
copies of on the parties by — first class
mail, rets receipt requested; in a sealed envelope, postage prepaid, deposited with the United
States Post Office in Oakland/Martinez, California; addressed as follows, or 2QLX&her personal
delivery, to the following address:
Clerk of the County of Contra Costa.
651 Pine Stmt
Martinez, CA 94553
1 declare under petty of perjury that the foregoing is true and correct. Executed in Oakland,
California, on September < 1999° d� �
q.
f
Mark f,.
Office cif icha l'F. Wo lstadter
Attorneys for l'Wntiff
���_04r"W__
EMERGENCY RECORD
MEDICAL
" LMEDICAL RPATIENT BL;ING vo. A.:.FAC TLECORD N
O
1918473 66989
DREG SITE G DATE REG TIME REG CLERK INFO Y A F+ FC i3�J
�
AER 8/21./99 ; 131. 19 ADMTHM i PT WLK ER SP
TIENiPGR1`a14it3 INNC
SURA �� ���A ��
PATIENT NAME MADISON', S H EINNA IGUARNAME MA- ISON, SHENINA
SIRTHDATE!l j 2 7/6 6 AGE 3 2 Y sEx E iADDRESS 287 MICHE ,E DR
ADDRESS 287 MI.CHELE DR CITY SAID PABLO STATE CA zip 94 8^v 6
CITY SAID PABLO STATE CA ZIP 94 8 0 6 TELEPFONE 510-223-9297 RELATION SELF
TELEPHONE 510-2 2 3-9 2 9 7 RACE BLACK - ICON-HZSsswo 4382341.78 SIR THOATImj27j1.966
RELIGION NO REi IGTOL'S Ws S LANG ENGLISH
PREMOUS NANIE ;GUAR EMPLOYER EMMAS SEAFOOD & POT, I i RY
ss NO 4382341-78 OTHER ID 1ADDREss 311_2 MARKET SIP
CITY EMERYV I LLr STATE CA zip 94608
EMPLOYER EMS"AAS SEAFOC"D & POULTRY TELEPHONE 51 5 4-7-9 313 cCCUPATioN
ACORESS 311.2 MAA RKE T ST PRIMARY INSURANCE SELF PAY
CTY EMERYV LLE STATE CA ZIP 9460 iPtAN ss. .: `. ' L ..;P Y
TELEPHONE 518 5 4 7- 9 3 13 OCCUPATION iADDRESs
CITY STAVE Z:
SPSEiPAR NAME INSUREO'S NAME MADISON, SHENNA RI LG 1
ADDRESS POLICYJGRP 4382341-78
j
CITY STATE zip IALITH NO OF DAYS
PHONE WK PI✓CNE SECOND INSURANCE
SPSE/PAR SS NO RELATION PLAIN 00
ADDRESS
RELIFRND NAME MADI SON, ADDI E lCITY STATE ZIP
ADDRESS iINSURED'S NAME REL
CITY STATE ZIP POLICY/GRP j
T EPHONE .510-223-9297 RELATION ATJNT AUTI✓NO OF DAYS
}THIRD INSURANCE
PLAT
00
!ADDRESS
;CITY STATE ZIP
LOCAL.ADOR INSURE'S NAME REL
c"? STATE ZIP POLICY/GRP
TELEPHONE 1AUTH NO OF DAYS
COMPLAINT M ..A/NECK & BACK PAIN
AUTHCRIZ;NC MDMCAMy S, EL ON LEE
A T TEND NG Ior) MCAD I S, EL i OIC LEE
REFERRING MD WACC CODE 01 LOCATION MARTINEZ
FAMILY MD ILLIACCILMP DATE. 8/19 99 TIM 8 : 0 0
trl3rEi,Ii '' 777
++GA.VE P l' LaCPA "10 FILE
RETURNG
TT
DAY :OUPFOS COD G
cHAR'l8/21 /99 13 :24 :49
Alta Bates Medical center E.mergency Department
2450 ,Ashby Avenue, Berkeley, CA 94705 (510) 204-x.3£33
AFTERCARE 1NSTR1jCTT_0XS
for SHENNA MADISON, Saturday, ,August 21, 1999, 3 : 30 pm
(4666989 Birt date ; 11127196611
,rP,
1MPORTAuNT: We have examined and treated you today on an - dumbness, weakness, or tingling in your legs or feet
emergency basis only. This is not a substitute for, or an - Problems with your bowel or bladder function
effort to provide, complete medical care. In most cases, you
must let your own doctor check you again. Tell your doctor If you have any new or severe symptoms CALL YOLFt DOCTOR
about any new or lasting problems. it is impossible to RIGHT AWAY.
recognize and treat all injuries or illnesses in a single
Ersergency Department visit. if you had special tests such as IBUPROFEN iMotrin, Advil, Rufen, Nuprin).
EKGs and X-rays, we will review them again within the next This medicine is a strong anti-inflammatory medicine.
few days. we will call you if there are any new suggestions, it's a great pain reliever, too. For most people, it has no
side effects. For some peovle, it causes a stomach ache.
sOLLOW_THE INSTRUCaION5 BELCW: Allergy would show up as shortness of breath or wheezing,
— rash or itcYaing• if you have any allergy spaptoms, or any
new or severe symptoms, CALL YOUR DoCTU^R.
You should take this medication for 5 days
You were treated today by Dr. David SooHoo and Lauri To avoid stomach ache, take each dose with solid food.
Paolinetti, PA-C. Dose: 600mg three times a day.
CEr2V2^AL• STRAINNeck Strain) ACETAMINOPHEN & CODEINS (Tylenol with codeine, Tylenol #3).
You have strained the muscles and soft tissues in your This is a mixture of pain relievers. Its main side effect
neck. Your treatment may include ice, heat and rest. is sleepiness. DO NOT DRI? AICOHOL• DRIVE OR OPER TE
MACHINERY WHILE TAKING 71415 M n1CI1r1'. Some people get a
Apply ice to the area for 1-5-20 minutes 4 or more tines a stomach ache or constipation from it.
day for the first 48 hours. Be sure to put a soft cloth
between the ice pack and your skin. After 48 hours heat can Allergy to this medicine is rare. it would show up as
be applied for 15-20 minutes 4 or more times a day. rash or itching, wheezing Or shortness of breath. Sf you
have allergy symptoms, or any severe or new symptoms, ^moi.
With this treatment your strain should get steadily YOUR DOCTOR RIGHT AWAY.
better. IF new or worsening symptoms should occur, CALL
YOUR DOCTOR OR RETL"RN TO THE EMERGENCY DEPARTMENT. Dose: Tara 1 - 2 tablets every four hours, as needed for
vain.
:+UNBAR MLTSCLF_ STRAIN.
The muscles of the low back are put under a lot of strain
in everyday life. Most of us don't keep our backs very THESE ARE YOUR FOLLOW-UP 12+IET UCTIONS?
strong, when any muscle is Overstretched it hurts. It rrrrrrro-r+r<+r«+steamro-taaaarrrrrae-main at�ara,t arraarfvarraao-rt rrr
tightens hard (spasms) to protect itself. After a while, Call your doctor in 2 days if not much better. Cali sooner
those spasms make the pain worse. if worsening. You can reach your doctor by calling their
clinic phone number.
You have strained the muscles in your low back. Your aarrr+raa+«++r« ,Tara«raa:remise>+"«aw•raaara«+ear+««rise««,r
exam, however, shows no sign of bone (spine) or nerve rest, heat ;o neck and back, return, if 'worse or no better in
(slipped disk) injury. The muscle strain should be able to 48 hours.
heal completely. You should feel much better in a few days,
and all better in a week or two. AS ALWAYS, YOU ARE TFE F903T IMPORTANT PACTt?R TN Yotm
RECOVERY. Please follow the instructions above carefully.
Anti-inflammatory medicines and rest are the best Take prescribed medication as directed. Most important, see
treatment. The medicines fight the body's over-reaction to a doctor again as discussed. If you have problems that we
the injury. The simplest arti-inflammatory medicine is have not discussed,CALLCALL OR VISIT YOUR DOCTOR RIGHT AWAY. If
aspirin. Thera are many prescription medicines that may be you can't reach your doctor, return to the Emergency
stronger than aspirin., or have fewer side effects. Department. PLEASE BRING A COPY OF THIS INSTRUCTION TO YO",fR.
FOLLOW-UP !:CCTOR.
Veatch for:
Portions Conyrighted 1986-9'7, LOGICFRE Corporacion., wage 1, continued..
Alta Bates Medical Center Emergency Eepart e t
2450 Ashby -venue, Berkeley-, CA 94705 (510) 204-1303
AFTERCARE INSTRUCTIONS
forHENNI A MADISON, Saturday, August 21, 1999, 3 :3c pm
(4666939 B-Lrthdate : 11/27/1966)/
Explanation of this document was modified to meet the
education "needs of the patient and/or family,
i1 understand the instructions above, as discussed in the
Eme engIr Department-.-,
atient or Responsible Person
Physician or Nurse
r
If you need a referral to a physician, call l-800-606-ALTA
(3R 1-500-606-2562.
SEATBELTS.
There is no doubt that seatbelts save lives. Every day in
the Emergency ,Department we see how people without seatbelts
are more severely hurt, We always buckle-up! Please do the
samei
Portions Copyrighted 19a6-97, LOGICARE Corporation, Page 2, last page.
NAME,LAAST #�� s�; AM R o DATE f MEDICALRECORD
Ti�atE 1 €, C €FICA7ION!DOS AGE M t £3 I G A 'T'RELATED CALLS
3 4 6 11 -7,7- rine
_PMD Phone
MSA: walk, fc car police AMR BFD ;PM �;ER Pe4D to see �Pi�Atl to see Call PMD C before eaa 0�tSYar eve8
othar:ti U non
cc L.as�ESR vis's#
Visage:
tL4A —all Cc
Tri"Tkmr
�.
Sig.
"} .0 2 hr,call back Time called Called by:
EMS CART: 0 C-Spine Q Backboard
--PECiAL-NEEDS
"�r'sage 3nterventcsss: � -- C!#�iasx AT�txlir�
C3Aiiergy Marcs /4 3CC3sR
Triage RN: D Tect;:
MEDICATIONS DOSE FREQUENCY
V VITAL SIGNS
1 '
P P 3 o
02 SAY
PMA
0 Asthma 0 CVA 0 HTN U Seizure
ilCardiac 0Diabetes QPsychiatric QSurgery
0 COP IV Q G! Q Renal 00ther:
Last le`anuss:
—yrs. F t t
€tv4P ` C r AB SCC -
PHYSICIAN'S NOTES
-MD Start Tfmw A
2. Eyi-
4 Cay.
i
a l�, ate..S, ,i?.., � 1 F � � .e. �� .. �. '✓'~'^^-�k-w-"•{D irtat9rs#:,,; .. _....
s ( ; C Cr<ticrai Cara drsn
i First Report 0
#f
o �c.}YBrs .t
13
, ��r�a v t Cont.Street
RN Documentation
Complete
\-6 M.0'Art I qRS PAT 1'9'14Ah7f48s&Pe
LATE d~— Suri lit PC&R . H I " A 'CC completion � ;
39453 t719si /27/I
El TO
Mr :> 1 ,CAL c: LNTEx
NAME,LAB; FIftS vii i EXAM RM. DATE
SPECIAL NEEDS
?�3w° MD
0r1-0red tang i Orders ?Ordered Entered Diagnostic Studies
i Standing order: by RN CSC:wbc hgb hc€ plat
Print prev ER record lymph segs .bands
�.
Monitor: Cardiac SP 02 Sat CHEM Na K C:
CR.
'IV Lock Fluid: � � 14STAT:CO2 BUN Giu
Draw blood: lav, red tiger,red, greed tiger,sm green, blue CBs,
i tallest urine Add trsChem:CO2 Mag
_ 0— Arid to 1-STAT: CrSGg� AN Ph.o
Resp isolator} ! Amylase
Restraint: Tye Until Reason Blood culture ry
ETT
HCG, Quan€ati've,
w i
Myoglobin
i 't'ro orcin
o2 00O2 SX: FIA l`"02
' llrlrte re s lot 3
i ! SIA s erne leu . 1€€r 5, . 1.0ta`°
C E fA micro:tib: rbc
Urine culture
EKG
1 PCXR
X-Ray
CT
Fs X:
Pan.------------
� � � .y,_YY� •- -1- ...... o ' >�Y .z -.
RX: ��
Wet tare
t f
Working diagnosis: � ,\ ;' ,� � � Consult: hl
IS z
Contact Time:
„ i Patient Seen Time:
ne:
Condition: „ ` ✓ AMA Admit/1'rarsSer to:
'�tsier3f Irgs4rt;vt#o
School return: Gym/Sports:
lead injury
-evert l Work return: Pagular Modified
=o driving ! x w no capacity, P = 3ttiai; Blank=Sul:capacity
Vound:s/r
."jic re �C f"}__' , ( 'L:!% tbs sit i Stand Squat
.ab fiend ;; s. e Climb
Referrat: 1 days/prr. FIN H TIME 10#:
tj
efPr3r, in days/ern 51ts#a 7t3rt
17632(7198)
lip 666e85 PA"7 a Sa SP
i C A 1, C F N T E R imA0SJ0iqi` A,
PHYSICIAN'S ORDERS lw C .h � � -c L a 0 t,C A)l 15 L a 0
NAME,LAST P:Rc N"! EXAM A?d. {DATE �! T#?�iE ?0%
CC i tu-
NURSIN ASSESSMENT/OBSERVATIONS imrredla e NOI MD ;
0 General Appearance VY#
WNL ASN NA DETAILS 4 WNL ABsN NA DC,AILS
I eurdogica I anti€surinary
2 Cardiovascular __ i S Integurnentary
' �i C1 C -
3 Respiratory7 Musculoskele al
# # 3
"
4 Casro<ntestir€ai a Psychcsocia --_
C € i cs 0 t
00VIESTM,VMLENCE: C3 YES 0 NO 01 SCREENING OEGL INEO L73 FORM COMPLETED VISUAL 4CUITY R L CORRECTED? 0 Yes u No
TREATMENT RN #:MTIALS SETUP G HTIALS SETUP C.
TREATMENT RN 1NMALS SETUP 0cR TECH INITIALS SETUP
i
SPECIA: NEEDS ER TEOY
'INITIAL
S
,-0 Side R.ails Up 0 Call Ls ht W/pT 0 Restraints In P?ace: 0 51 50 0 ALOO M SZ 4 ETON 0 Safety O Neuro/circ checks q 15 mit'tutes
M,He"a-JCt Posey iv Torso belt 0 Physical needs addressed
G tali R iak 0^aE€Risk Bald
TIME S/P PULSE RESP TEMP 1 0,SAT CLINICAL NOTES
t � 1
SEE R.N.CONTINUATION NOTES
START V �CAUG�il; PARENTERAL FLUIDS TOTaL �N I r. RESP- RN
RaT I �JIC�i JC�SII C3 IMEROUTE SI---1E�TI v e # TE AUT PE h4ES AD4D VOL. iti#7 _ ONSE itJ1T
i j 1 1
I
G 1
( F3 "�P JIVS ' =IMPROVED 3=WORSE 5=NO ADVERSE REAC"'EON
i { # 2=NO IMPROVEMENT 4_ADVERSE REACTION
iON
PAT€!g DISPOS€TJOte TIME.— 5 TIME TYPE AMOUNT i TIME ?YPE AMOUNT
9
Dlscharoe 0 H5me M Instructions recd and undee stood Trarsportabor
ti T.ransfs?to Pvt.auto ;
wtdesigrated dr?ver
Cl Admit to 0 Taxi
0 wfAN 0 w/port 02rl w/cwd ac monitor ° ance TOTS CO I TOTAL OUTPUT CC
u CaroMAP initiated i
C Expired time Ck A�osY 11
Repoe to >rmeCru--hos
10 Pers rant forms,sort 0 OId Chadtto floor� M w/friends 1! 0 A vl't <
M Conditions of admission signed X
Patient E al"g#rgs C Yes .0 No Disposition MAD 1 K 0 N Na A
Patient Yalu sWea L?Yes 0 No Oescrl *tor. c � �f SIG t"
E ve!ope# Disposition P Staff S q. 8 �2 1 /3 � �
Dischame V.S.ftime _4 D sc#^arge E#. Tew
##
a7s�s(sirs} ; r
Please consider patient confidenti l tis and privacy when asking the following questions.
Because violence is a prober: for many people, erre are required by law to Ddecline to answer
assess this issue. 1 would like to ask you several questions regarding physical
or emotional abuse that may have happened to you within the last year,
1 Have you been physically hurt or threatened by someone ❑yes F-Ino
(e,g.; hit, siapped, kicked; sexually assaulted, etc. ? L idecline to answer
If yes, by whom?
Total number of tirnes
2. is it happening now? Oyes 0-no
Odecli^e to an
3. Are you afraid of your partner or anyone in your household? Elyes []^o
Odecline to answer
IF "NO" OR "DECLINED TO ANSWER" TO ABOVE, DO NOT CONTINUE BELOW.
IF "YES": Mark the areas of injury on the body map, using the CODE DESCRIPTION.
(if any of the descriptions for the higher number apply, use that number.)
CODE DESCRIPTION i
! I @ Threats of abase
including use of a weapon'r
( � r
2 = Slapping, pushing; no CODE
injuries and/or lasting
pain
_ Punching, kicking,
bruises_ cuts and/or t
continuing pain 1
4 = Beat app, severe �
contusions, burns,
broken bones
Head injury, internal �
injury, permanent injury i01
6 Use of a weapon; wound
from a weapon UUULjuu
'Discharge instructions/Re#errais given to patient: Clyes ❑no Signature ._
h
Sodai SeYvice Referral: Dyes Ono CadR
35277(5135) FI A O T O N P
3 /214 /SS tit) bJ F
{�:'` .`«) r :. L T 0 €"l-t"F °�ty «. TO
11 F. D ? C AL C N _ EL�
CONSENT FOR OUTPATIENT TREATMENT
CONSENT FOR TREATMENT: This is to certify that i, the undersigned, hereby consent to and authorize the
administration and performance of all tests,treatments, operations, and the taxiing of any x-rays which in the
judgement of my attending physician or physicians may be considered necessary or advisable.
€ am informed that the hospital furnishes personnel and facl!ities to assist the physicians in the>performance of
services, but t^at the physicians and persons performing specialized med cai services such as anesthesia,
radiology or pathology are independent contractors and are not agents, servants, or employees;of the hospitals.
RE .EASE OF NEOR,MA T)ON: € hereby authorize the ALTA BATES MEDICAL CENTER and hospita€-based
physicians to release any inforr-nation from the hospital records pert=aining to this disability to ANY INSURANCE
COMPANY covering same; and to release upon inquiry frorn the public, unless otherwise requested,the
patient's presence, nature of injuries, or genera;condition.
FINANCIAL AGREEMENT AND INSURANCE AGREEMENT: ; hereby assign to ALTA BATES MIECiCAL CENTER
and to authorized providers of care therein any and all insurance benefits to become due to me to the full extent
of may f_;ancial obligation. € understand that € am not relieved of responsibility for these chargee except as to the
amount actual;y received by the hospital/provider. In consideration of the services to be rendered to the patient,
the undersigned, whether signing as patient or as agent of the patient, agrees to pay all charges made against
the patient by the hospital and authorized providers of care therein, and in the event the account is referred to
any attorney or agency for col€ection, agrees to pay reasonable attorney's tees and collection expenses.
Patient's Signature - Date
Witness' Signature Cate
FOR ER USE ONLY:
TREATMENT NOT AUTHORIZED: i have been notified that € may be responsible for any charges incurred
if my condition is deterrnined to be non-emergent.
I
Patient's Signature date
U # 0
4 k 616,48, PAT 19184-73
ME DICAL CENTER t i A 41 tt1 3 i �
El ASHB"Y CAMPUS 0 I-fERRICK CAMPUS '' � �c w ' /11
CONSENTFOR
OUTPATIENT TREATMENT
24320 f7i0'?3
GINAL
DATE OF SERVICE: 08/21/99
The patient was ambulatory into the Emergency Department and she provided
her own, history.
CHIEF COMPLAIN': Motor vehicle accident .
EXAMINATION TIME: 1505 .
HISTORY OF PRESENT ILLNESS: Ms. Madison is a 32-year-old
African-American female who was a passenger on a bus that hit another car
two days ago. At this time she was incarcerated. this bus did not have
seatbelts and she was', shackled: by her hands to the feet. . She states that
she moved forward into the seat and then fell backward into the seat and
has had neck, upper back and Lower back pain since the incident . She has
not had medical attention for this .
R ST *
OF SYSTEMS: She did not hit- her head, had no lass of
consciousness and she was able to walk after the event. . She denies chest
pain or abdominal pain. She denies fevers, sweats or chills or nausea or
vomiting.
-PAST MEDICAL HISTORY: Hypothyroidism.
MEDICATIONS- Synthroid.
ALLERGIES: None .
PRIMARY CARE PHYSICIAN: At Highland Hospital .
PHYSICAL EXAMINATION:
GENERAL. This is a pleasant African-American female nontoxic .
VITAL SIGNS : Stable. She roves well on the gurney and is ambulatory.
HEENT: Norr:ocephalic and a raumatic. Clear and :mist . P-p
""w""IGINAL
Page: 2
Z . Mild cervical strain.
2 . Low back strain.
3 . Motor vehicle accident.
MEDICATIONS: Motrin 600" ma t . i .d. wit?? food and Tylenol.. #3 1-2 q4h
p.r.n.
DISPOSITION tic FOLLOW-UP FLAN: The patient will be discharged h=e.
Urine pregnancy test was negative . She has no blood in her wine. She is
to rent, apply heat to rier neck or back and return if' she is worse and no
better in 48 hours to Alta Pates Medica: Center Emergency Department.
-CONDITION ON DISCHARGE: Good. She is ambulatory without difficulty oat
o f tae department .
David Soo-Hoo, M.D. Laura A. Paoli etty, P.A.
DS/TL 515 #4SBOS DD 08/21/99 DT:08/22/99 10 :35 am
cc : Business Of-fi.ce
P.M.D.
Name: MADISON, SHENNA1
MEDICAL CENTE R d 6b6989
EMERGENCY ROOM NOTE ', si j_an; DAVID SC? -40
� . M. .
y
CLAIM
BQA
{ri1n,st t °mt , District Governed y
f Supervisors, Routing Endorwrents, NOME TO CLAIMANT
aid Board Actio, All S8taDn r6feTSMeS SCS to The copy of tfis dDcurrent rmiled to you is your
fforrra Gowment Codes. notice of the action taken on your darn by the
Sord of Supervisors. (Pars
e h i ?ovo, oven
$ter f
rsuent to ve # ' e"tion 913
:. 015.4. Rease rote all " arr tgs".
AMOUNT, In Excess of $50,000.00 coiJ � . .PSL
NLkN�' Kimberly Perez and Francisco Pere ���¢ � k .,
A -. DATE . September 17, 1:999
ADDRESS: 49 Warren Way BY DELTVERY TO CLERK,ON: Se t-e er-- 17. 1999
Pittsburg CA 94565
Y MAIL POSTMARKED: ` -dpi d r
L FRONE Clerk of the Board of Supervisors 7U County C*uwel
Attached is copy of the above-noted cls.
PHIL
Dated: ,. .S DE• 20. 1999 �: putt' _--- -,:�-
IL FROG County Counsel M' Clerk of the Board of Superv° ° rs
( This claim complies substantially with Sections 910 and 910.2.
This claim TAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board gavot act for l5 days (Section 910.11).
Claim is not tin.ely filed. The Clerk should return claim on ground that if was filed late and send yearning of
claimant's right to apply for leave to present a late claim (Section 911.3).
Other.
Dated; y Deputy County Counsel
s
Oft- Clerk of the Board a unty Counsel (1) County Adminigmtor % 3
( ) Clam was returned as untimely with notice to claimant (Section 911.3).
BOARDO y unanimous vote of the Supervisorspresent:
This Claim is rejected°in full.
Other:
ce�ify that this is >a true and correct copy of the Board's Order entered in its minutes for this date,
Dated: A k, fi- 47flq PHIL BATCMD& Clerk, By , „ ` : Deputy Clerk
WARNNG (Gov. code sectio 913)
SuliJect to certain exceptions,youu have only six(6) months from the date this notice wu personally served or deposited
in the mail to file a court action on this chino. See Government Code Section 945.+6. You may seek the advice of an
attorney of your choice in connection with this matter. Ifyou want to consult an attorney, you should do to
immediately. *For Additional Fazing See Reverse Side of This ?notice.
AFFIDAVITOF MAnXqG
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 B deposited in the United States Postal Service in Martinez, California, postage full
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: y. PHIL BATCHELOR Dep€ Clerk
.;> tCounry Adman+stwor
CLAIM AGAINST CONTRA COSTA COUNTY
AND ND ITS AGENTS AND EMPLOYEES AND
CITY OF PITTSBURG AND ITS AGENTS AND EMPLOYEES
ADDRESS OF CLAIMANTT: Kimberly Perez
Francisco Perez
49 Warren Way
Pittsburg, CA 94565
ADDRESS TO WHICH NOTICES SHOULD BE SENT: RECE is
Kimberly Perez
Francisco Perez SFP 17 1999
49 Warren Way BOARD OF SUPERVISORS
Pittsburg, CA 94565 Cok4TRACOS ACO.
DATE, PLACE X-,M CIRCUMSTANCES OF OCCURRENCE:
On July 2, 1999 at about 9- 00 a.m. , Claimant Kimberly Perez
was at home at 49 Warren Way, Pittsburg (a home she shares with
husband Francisco Perez) on the phone talking to a friend.
Suddenly, there was a banging noise on the front security door of
the -residence. Claimant asked "who' s there?" The response was
"Police - we have' a search warrant - open the door! " Claimant had
only recently arisen from bed, and was dressed only in panties and
a bra. Claimant opened the door as ordered, and several officers
rushed through with weapons drawn and some pointed directly at
Claimant . Claimant was thrown to the floor, and then handcuffed.
Claimant remained handcuffed until the officers were nearly
finished with their search of the residence, a period of over one
hour. Claimant was kept on the floor for about ten minutes.
Claimant told the officers that she was at home alone.
Detective Rob Sem. as of the Pittsburg Police Department stayed in
Claimant' s bedroom, and was barking out orders to the others. He
appeared to be in charge. The other officers, yelling all the
time, proceeded throughout the house, opening doors, throwing
personal property around and pointing their weapons everywhere.
Eventually, one of the officers, a Contra Costa Deputy Sheriff, let
Claimant get up from the floor and walked her to the couch in the
living room. Claimant asked this Deputy if she could put on some
clothes. The Deputy ignored her.
An officer who was in the kitchen kept yelling "where' s the
Coke. you' re going to tell me where the coke is . 11 Shortly
thereafter, the Deputy who had been watching Claimant brought her
some of her husband7ls clothes and told her: "Here - put these on. "
his was approximately one-half hour after the officers entered
Claimants' residence.
1
Detective Rob Setas could be heard yelling orders from the
bedroom. Among those orders which C a.imant heard- to handcuff
her; to arrest her; and to kick in the garage door.
After a period of time, Detective Semas care into the
livIngroom where Claimant was seated. He asked her, over and over
again, where the cash and coke was. Whenever Claimant tried to
respond that there was no such thing, he told her to'' ,1shut: up - G
didn' t tell you to talk yet . " Detective Semas asked where the Keys
to her vehicle were, and Claimant told him. Several ether officers
broke into the sealed alar: box, breaking it .
The affidavit submitted by Detective Setas to support his
request for a Search Warrant contained false information.
Specifically, it contained false information from a ''Confidential
Reliable Informant" az,-.d false and misleading information alleging
that Claimant had been arrested for drug-related activity in the
past.. Claimant' s only arrests were instigated by her former
boyfriend, Deoncio Navarro and his brother-in-law, Officer Vargas
of the Pittsburg Police Department .
Detective Semas made several critical comments about.
Claimant' s family (Claimant' s maiden name was Modicue, a family
which has historically been harassed, and continues to be harassed
by law enforcement, especially the Pittsburg Police Department. As
Claimant has been told, "once a Modicue, always a Modicue. 33)
Detective Semas also asked Claimant how she and her husband got the
house and other things they own. Claimant responded, truthfully,
that her husband works and earns money. Detective Setas ridiculed
this .idea, saying that her husband was a drug dealer.'
Cla-4 mant repeatedly denied having any criminal record as
described by Detective Semas . Eventually, Detective Semas told
Claimant, who he repeatedly called "a felon, Sl that a search of her
record would be done. If it dial not come back clean, she was going
to jail. Detective Setas told another officer to run the records
check. This officer was gone for perhaps 15 to 20 minutes, thea
returned with a. paper which he handed to Detective Semas.
Detective Setas reviewed the paper and said nothing. The officers
left about ten minutes later. Claimant' s handcuffs were removed as
the officers were leaving the house. Claimant was not arrested or
taken? to jail.
PARTIES RESPONSIBLE: County of Contra. Costa, and unknown agents of
the County of Contra. Costa., Deputy Yates; City of Pittsburg,
Detective Rob Semas, Sergeant Baker, Officer Zuniga and other
unknown agents and employees of the City of Pittsburg'.
AMOUNT OF CLAIM: $50, 000 . 00 against County of Contra Costa
and its agents and employees; $50, 000 . 00 in punitive damages
against Deputy Yates and other unknown individual agents employees
of the County of Contra Costa; $50, 000 . 00 in punitive damages
2
against Detective Semas, Sergeant Baker and Officer Zuniga, and
against other unknown agents and employees of the City of
Pittsburg.
GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPUTIA"17ION OF
DAMAGES.
Compensatory damages are based on the unnecessary costs
associated with the attempt by Claimant to gain redress of her
grievance against Respondents, including but not limited to
attorneys fees and costs; costs and damages associated with repair
or replacement of personal property or real. property fixtures;
damages associated with the anxiety, nervousness, embarrassment,
humiliation, vexation and distress caused by the conduct of the
agents and employees of the County of Contra Costa and the City of
Pittsburg.
Compensatory damages are also based on the personal injuries
sustained by Claimant; upon the medical. and related expense
incurred by or on behalf of Claimant; upon lost wages and
di
mlnution of earning capacity by Claimant; and upon the pain and
suffering experienced by Claimant, together with other damage not
known or undetermined at the present time.
Compensatory damages are further based on the deprivation of
Claim.antl s civil and c<3nstitutional rights arising out� of both the
Federal and California Constitutions and both Federal and
California Civil Rights statutes, including, but not limited to the
right to be free from, unreasonable search and seizure, the right
to due process, and the right to equal- protection of the laws.
Punitive damages are based on the outrageous and intentional
conduct of agents and employees of the County of Contra Costa and
the City of Pittsburg, which amounted to malice, fraud and
oppression within the meaning of California Civil Code Section
3294, all of which where based on improper motivation, including
racial discrimination due to Claimant' s African American heritage
and her family background, instead of something she had actually
done .
Dated: September iL, 1999 A
K` ERLY PE' EZ
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VICTOR J.WESTMAN DEPUTIES:
COUNTY COUNSEL
JANICE L.AMENTAF
NORA G.BARLOW
B.REBECCA BYRNES
SILVANO B.MARCHESI /w �y COSTA'::
�} ANDREA W.CASSIDY
GM,TRA COSTA:: N y MONiKAL.COOPER
CH IEF ASSISTANT COUNTY COUNSEL VICKIE L.DAWES
OFFIC-01F' ME U < t'UNSEL MARKES.ESTIS
SHARON L.ANDERSON MICHAELTFUJIIRR
yey�ys�KtlkNk$TRA�`iC�3"'t�Efl3 }t�fa '% LILLIAN T.FUJII
ASSISTANT COUNTY COUNSEL DENNis c.GRAVES
hJANET L.HOLMES
M417! :77*-,*"w-" 229KEVINT.KERR
GREGORY C.HARVEY fy ??,: BERNARD L.KNAPP
ASSISTANT COUNTY COUNSEL EDWARD V.LANE,Jfl.
BEATRICE UU
MARY ANN MASON
GAYLE MUGGLI PAUL R.MUMZ
VALERIE J.RANCHE
OFFICE MANAGER STEVEN P.RETTIG
DAVID F.SCHMIDT
DIANA SILVER
PHONE(925)335-1800 BARBARA N.SUT
LIFFE
FAX(925)646-1078 JACQUELINE Y.WOODS
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Jerry Richardson
Martinez Detention Facility
C-Module—Room 7
901 Court Street
Martinez, CA 94553
RE: CLAIM OF: Jerry Richardson
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[ ] L The claim fails to state the name and post office address of the claimant.
[ ] 2. The claim fails to state the post office address to which the person presenting the claim
desires notices to be sent.
[X ] 3. The claim fails to state the date,place or other circumstances of the occurrence or
transaction which gave rise to the claim asserted.
[ ] 4. The claim fails to state the name(s) of the public employee(s)causing the injury, damage, or
loss, if known.
[ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount
claimed as of the date of presentation,the estimated amount of any prospective injury,
damage or loss so far as known,or the basis of computation of the amount claimed. If the
amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether
jurisdiction over the claim would rest in municipal or superior court.
Page 1
t {
[ ] 6, The claim is not signed by the claimant or by some person on his behalf.
[ ] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action
giving rise to the claim.
VICTOR J. WESTMAN, County Counsel
By:
D uty Count , unsel
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664)
I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California
94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I
served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: September 20, 1999,at Martinez,California,
............
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.COBE§§910,910.2,920.4,910.8)
Page 2
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lki
CLAIM
�Q
Omber 191 1999
Cairn A a n-1. ft Courcy, or District Governed by }
ft Board o� rvi=rs, Routing Endorseirnents, NOTICE TD CLAI AW
and Boardktiom AP Section references are to 7he copy of tNs dommrit r fled to you is your
California Gutwermet. Gds. notice of tt action taken on your claim; by the
x- ; Board of rvisors. (Paragraph IV bellov , Oven
A_ s pursuant to Govermnent Code Section 913 and
{
$15.4. Flom rote all "Warnings".
AMOUNT: In Excess of $25,000
€ " C LIF
CLAIMAN7 Lisa Ricks-Jackson
A Y: DATE RECEWM. September 16, 1999
ADDRESS: c/o 2705 Vasquez Ct. BY DELIVERY TO CLERK ON: September 16, 1999
Antioc1h CA 94509
BY 'L IOSTMARKM: EaLLd--Le I i anted
I FROINL Clerk of the Board of Supervisors 70. County Counsel
Attached is a copy of the above-noted claim.
PHIL BA IldI�t3�, Clerk .��
Dated: SMtember 1Z,,,, 1999 y: puty `-� fir' jo_
77
IL FROM County Counsel M. Clerk of the Board of Supervi � rs
This ciaim complies substantially with Sections 910 and 910.2.
This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
Claire --s not timely filed. The Clerk should return claims on ground that it was filed late and send warning of
elaimm-it's right to apply for leave to present a late claim (Section 511.3).
f ) Other:
Dated: 99t uty County Counsel
FROM Clerk of the Board . oun Counsel (1) County Administrator (2)
( � Claim was returned as untimely with roti t alai t ( ion 911.3),
TV. BOARD ORDEFL By unanimous vote of the Supervisor's present:
€`s Claim is rejected in fall.
Other:
I cerl,fy that this is a true and correct copy of the Board's Order entered in its dinettes for this date.
Dated: i PIIL BA°I°C€ L31t, Clerk, y Deputy Clerk
WARNZING (Gov. tie section 913)
Subject to certain exceptions, you have only sig. (6) mouths from the date this notice was personally seared or deposited
in the mail to fife a court action on this claim. See Government Code Section 445.6. You may seek the advice of an
attorney of your choice in connection Aith this matter. If you Ararat to eor:sult an attorney, you should do so
mediately. *For Additional Ting Sea Reverse Side of This Notice.
AFMAVff OF bLAIMU
I declare under penalty of perjury that I as now, and at all tunes herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above,
Bated. By: PHIL BATCHELOR By ���, tptrty clerk
rr: County Counsel Coin^::ry Amara€stator
GENERAL DESCRIPTIO OF T LOSS, INJURY OR DAMAGE SUT'FERED.
Mother was denied due process in the manner her children were removed from the
custody and residence of their uncle, aunt and grandmother.
TOTAL' AMOUNT CLAIMED: IN EXCESS QF 525,000.00.
THE BASIS FOR CO PU71NG THE TOTAL AMOUNT OF THE CLAIM IS AS
FOLLOWS:
Special Damages incurred to Date: None
General Damages for: Pain and suffering,emotional distress.
I the undersigned declare under penalty of perjury that I have read the foregoing claim for
damages and know the contents thereof, that the same is true of my own knowledge and
belief, save and except and as to there, I believe it to be true.
Dated: September , 1999
Lisa Picks-Jackso
Deceived by the Contra Costa County Board of Supervisors this_-V-_ day ofSeptember,1999.
by:
Contra Costa.Counter Board of Supervisors
651 Pine Street 77-
Martinez, CA 94553
SEP
AAAA. W.
11
_. .1111.... _..........1.1.11 ... .1.... ...1._1.1.... .
1.1.1...._.. ........ ........ ........ ........ ...... ... ..
VICTOR J.WESTMAN
PHILLI?S.ALT',
C OUNTY COUNSEL SAN;C£L.A AENTA
NORAG.BARLOW
S.REBECCA BYRNES
SI:-�%ANO'S.MARC!^ES1
ANDREA W COOPER
CONTRA COSTA NTY MONIKAL.CCO VR
CN tEF ASSISTANT COUNTY COUNSEL VICKfEL.DAWN S
OFFICE F E �COUNSEL NARK S EST15
SHARONLANDERSON
� s�s NIsrR ,orrz
ASS:STA;NTCOUNTY COUN�SEi
DENNIS C.uaAVEs
>6 1. JANET,L HOLMEs
8e,'A r ,� A f f tt a� ;1229 KEV;NTK£RR
GREGORY C.HARVEY e£RNARD KNf P?
ASSISTANT COUNTY COUNSEL £C4VARD V.LAN„ R.
BEATRICE LIU
MARY ANNI MASON
GAYLE -MkiGG U. PA:JL R.MUNIZ
VALERIE j.RANO;E
OFFICE MANAGER STEVEN R RETT G
DAVID F.SCFf�WD'
PiriONE(925)335-18-30BARBARDIAA J.A v.SUTLIFF£
FAX(925)646-1078 JACQL'EUNEY WOODS
NOTICE OF INSUFFICIENCY
ANIS/QIP.
NON-ACCEPTANCE OF CLAIM
TO: Lisa Ricks-Jackson
2708 Vasquez Court
Antioch,CA 94509
RE: CLAIM OF: Lisa Ricks-Jackson
Please 'fake Notice as Follows:
The claire 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 91€3.2, or is otherwise insufficient for the reasons checked below:
[ L The claim fails to state the name and post office address of the claimant.
2. The claire fails to state the post office address to which the person presenting the claim
desires notices to be sent.
[X 13. The claim fails to state the date,place or other circumstances of the occurrence or
transaction which gave rise to the claire asserted.
[X] 4. The claire fails to state the name(s)of the public employee(s) causing the injury, damage, or
loss, if known.
[ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000),
If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount
claimed as of the date of presentation,the estimated amount of any prospective injury,
damage or loss so far as known, or the basis of computation of the amount claimed. If the
amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether
jurisdiction over the claire 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
[ ] 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. WEST'✓IAN, County Counsel
By: �
e uty County Counsel
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California
94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I
served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
1 certify under penalty of perjury that the foregoing is true and correct.
Bated: September 20, 1999,at Martinez,California.
r
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
GYRALE RIPTION OF THE LOSS, JL C' OR Duk E LTFED:
€rt er was denied due process in the manner her children were removed from the
custody and residence of their uncle, aunt and grandmother.
TOTAL A?VM0UNT L D: IN EXCESS OF$25,000.00.
0.
THE BAS rS FOR COMPUUNG THE TOTAL AMOK OF TIM CLAIM IS A
FOLLOWS:
Special Damages incurred to Date: None
General Damages for: Pain and suffering,emotional distress.
I the undersigned declare under penalty of pe&ry that I have read the foregoing claim for
damages and know the contents thereof, that the same is true of my o'k n knowledge and
belief, save and except and as to thein, I believe it to be true.
Dated: September , 1999
� �;�_ �
Lisa :ick acl�so
Received by the Contra Costa County Board of Supervisors this day of September,
1399.
Contra Costa County Board of Supervisors
651 Pine Street
Martinez, CA 94553
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GENERAL DESCRIPTION PTION OP THE DOSS, INJURY OR I3?A E SLT- FERED:
Minor vias denied due press in the manner she was removed from the custody and
residence of her step-father and mother
TOTAL AMOUNT CLAIMED: IN EXCESS OF 5,000.00.
TEE BASIS FOR COMPUTTNG THE TOTAL AMOUNT OF THE CLAIM IS AS
FOLLOWS:
Special Damages incurred to late: None
General Damages for: Pain and suffering, emotional distress.
I the undersigned declare under penalty of pe w'that I have read the foregoing claim for
damages and know the contents thereof; that the same is true of ray own knowledge and
belief, save and except and as to them, I believe it to be true.
Dated: September , 1999
Reyna Vasquez
Received by the Contra Costa County Board of Supervisors this clay of September,
1999.
by:
Contra Costa County Bard of Supervisors
651 Pine Street
Martinez CA 94553
3 SES - S
VldbR J.WESTMANDEPUTIES:
COUNTY COUNSEL Ja��cESAASs ar
KORA C.BAR.OW
B.REBECCA BYRNES
CILVANO B.MARCHE& �,�ee �} �g /��y, �p �?x g�igg ANDREA W.CAS&DY
Q.ON,,TRA COSJP9�* d�I y M0 N;KA L.COCPEA
CHIEF ASSESTANT COUNTY COUNSEL g� g$ �a _g UNSEL
ViCKEE L.DAWES
O �" ffia OF;M C.0 'tea i.iBa SEL MARKES.ESTIS
SHAKO i.ANDERCO ivSI 4p D.FARR
4 rti S3s�3sTARFtfJ Q Jfc3 £a s L:Li AN F�JiY
ASSSSTANT COUNTY COUNSEL ��.�'� ������T, ��� DENN;s c.GRAVES
JANET L.HOUMES
GREGORY C.HARVEY t�+tA34-n.N�,C,�LI X 1229 KEV_NT KERR
iBcRNARD L.KNAPP
ASSISTANT COUNTY COUNSEL EDWARD V LASE,JA.
BEATRICE Lilt
MARY A%N MASON
GAYLE MUGGLI _.,..:?:.._..... ,., PA LR.MUN2
OFMCE MANAGER ....... VALERIE J.RANCHE
STEVEN R RETTiG
DAVID SCHMSDT
PHONE(925)335-1 BOO D:ANASSLVFP
FAX(9925)646-1078
BARBARA N.
NOTICE OF INSUFFICIENCY
FFICIENCY
AND/OR.
NITON-ACCEPTANCE OF CLAIM
TO: Reyna Vasquez
2708 Vasquez Court
Antioch, CA 94509
RE: CLAIM OF: Reyna Vasquez
Please Fake Notice as Follows:
The clam 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 310.2, or is otherwise insufficient for the reasons checked below:
[ 11. The claim fails to state the name and post office address of the claimant.
[ 11 The claire 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.
[ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claire 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
[ 7. Other: The claire fails to describe any duty or obligation of the public entity and any action'
giving rise to the claim.
VICTOR J. WESTMAN, County Counsel
By
puty County#C tinsel s--
r R
r
CERTIFICATE OF SERVICE BY MAIL,
(C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664)
I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California
94553;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. 1
served a true copy of this Notice of Insuf iciency and/or Non-acceptance of C:aim 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 ofperury that the foregoing is true and correct.
Dated: September 20, 1999,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8)
_ ........................ ......... ......... ......... ......... ......._. ......... ......... _
_ ....... ........._. ........._.. ......._......_...-___.. ........ ..................._.... ........... ...._..... ......... ......... .........
GENE, DESCRIPTION OF THE LOSS, INIJURY OR DAMAGE ' L`1 M E :
Minor was deed due process in the manner she was removed from the custody and
residence of her step-father and mother
TOTS. M01i T CLAIMED: IN EXCESS OF 25,000.00.
THE BASIS FOR COMPUnNG THE TOTS,AMOK OF TIME CL-AJM IS AS
FOLLOWS-
Special
OLLO WS-
Special Da a es incurred to Date: N-one
General Damages for: Pain and suffering,emotional distress.
I the undersigned declare under penalty of �ury that I have read the foregoing g ciao for
damages and know the contents thereof,that the same is true of my own knowledge and
belief; save and except and as to them, I believe it to be true.
Dated: September ' 7 1999
Reyna��asuez
Received by the Contra Costa County Board of Supervisors this day of September,
1999.
Contra Costa County Board of Su vers
651 Pine Street
Martinez, CA 9455
CLAM
A 1A
OCMBER< 19, 1999
Claim Against ft County, or District Governed by
the Board of Supervisors, Routing Endorsennts, NOTICE TO CLAIMANT
and Board Action All Sactim references are to The copy of is dxwent Wiled to you is your
California ver rit Ctrs. notice of the action taken on your Balm by the
Board of Supervisors. (Paragraph IV l lov , liven
� kpursuant to overt Code Section 913and
915,4. Pisan note all *Warnings"4
OU1'a 1n Excess of $25,000 r�
Isabell Ricks ¢,,i4l t lbs L
ATTORNEY-. DATECEI D: September 16, 1999
ADDRESS: 2708 Vasquez Court. BY DELWERY TO CLERK ON: SeD. tember 16. 1999
Antioch CA 9450-0,
Y MAIL POSTMARKED:.� "-Deli?� �
Clerk of the Board of Supervisors M County Counsel
Attached is a copy of the above-noted claim.
Dated: September be 17, 1999y: Deputy
IL FRONL County counsel TO. Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910-2.
This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. ° e
Board cannot act for 15 days (Section 914.8).
(
Claim is not timely filed, The Clerk should return claim on ground that it was filed tate and send warning of
claimant's right to apply for leave to present a late claim (Section 91103),
) Other:
Dated: fVY LDeputy County Counsel
UL FROINL Clerk of the d "nty C tinsel (1) County Administrator(2)
} Claim returned as untimely Frith n ` to clai t (Section 911.3).
I BOARDORDEF4 By unanimous vote of the Supervisors present:
This Claim is refected in full.
Other.-
I certify that this is a true and correct copy of the Beard's Order entered in its minutes for this Hats.
Date: khe- I £ PHIL BATCHELOR, Clerk, y � Dep 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 errant to consult an attorney, you should do so
mediately. *For Additional Warning See Reverse Slue of This Notice.
AFFIDAVITOF 46
i declare tinder penalty of perjury that 1 ani now, and at all tunes herein mentioned, have been a citizen of the United
States, over age 18, and that today I deposited in the United States postal Service in Martinez, California, postage fully
prepaid a certified copy of this Board Order ,and Notice to Claimant, addressed to the claimant as shown above.
Dated: �{�'' t�.. By: PHIL,BATCHELOR ley �� . ` $°� I3eputy Clerk
untycoCounsel County Adrinistmtor
es :3 9 16.54 5106364663 LAW OFFICE PAGE 01
GENERAL DESCRWTION OF LOSS, INRMY OR DAMAGE SUS IDS-
On NWch t6, 1999,Cbbmm was denied due proom, gIt
brftcbed,Clamum viobvion of hew p the v oz�'of�St , d
o iotl of I4t t pr a %undvr lhe law.
TOTAL AMOK CLAWED, IN EXCESS OF 25, .0 _
BASIS FOR COMPUTMG THE TOTAL AMOUNT OF TliE CLAIM I
AS FOLLOWS.
General} s,for Pam and mnTenng,emodondd diftmss.
decd under pecaltyof pnpwy&at I r
damages and know_the contents theroof,that the wnic is um of my own Imawledge and
ext and as to than,I b6we it to be tmt.
Dated; September, 1999
IsabcUa V u Racks
Remved by the Com&Costa County Board of Supervisors of September,
1999.
by. m
Contra Costa County Board of Supervisors
651 Pine Stvet _.._.. .
Maftine�CA 94553
1999
DESCRPTION OF TM LOSS, LNnJRY OR DAMAGE SI FM:
VICTOR J,WESTMAN
PH:LUP S.ALTHOFF
COUNTY�%OU NSEL JANiCE L_Ay ENTA
NORAG.BARLOW
B.REBECCA BYRNES
S L�ANO S.MARCHESI MNIKANDREA L.
COOPE;DY
Q T�IA COST BOUNTY Mai>KA cooP_R
Cif#EF ASSISTANT COUINTY COUNSEL vCK,E_DAWES
OFFICE FTH � � MICHAEL
LD1S. FAR
MARKS i C.FART
SHARON L.ANDERSONLssLIAN T.=,
ASS€STANT CONNTY COUNSEL a DENNis C GRAVES
MAio'3 �®Q VFO� � ;4229 KEV;NT KERR
GREGORY C.HARVEY BERNARD L.KNAPP
EDWARD V.LANE:,JR.
ASS STA}`T COUNTY COUNSEL BENFMCE L U
MARY ANN MASON
GAYLY MUGG�E
PAUL R.MUN;z
VALERIE J.RANCHE
OFFICEMANAGER STEVEN R.RETTIG
DAVID F SCH-MM T
: DIANA J.S;IVER
PHONE(925)335-1800 BARBARA N.SUTL;FFE
FAX(925)646-1078 JACOUELINEY.WOODS
NOTICE OF INSILFFICIENCY
ANIS/OR
NON-ACCEPTANCE OF CLAIM
TO: Isabell Ricks
2708 Vasquez Court
Antioch, CA 94509
RE: CLAIM OF: Isabell Ricks
Please Take Notice as Follows:
The claire you presented against the County of Centra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Cade Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[
I. The claim fails to state the name and post office address of the claimant.
[ 2. The claire 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..
I X 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or
loss, if known.
[ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than ten thousand dollars ($10,000),the claimfails 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 fads to state whether
jurisdiction over the claim would rest in municipal or superior court. '
6. The claire 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, CountyCounsel
opBy-
pDkputy C4o'untyt8unsel
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California
94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and rot a party to this action. I
served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: September 20, 1999,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8)
Page 2
PAGE 01
LAW FI',,E
39/ jg,39
OF UjB LOSS, INIMY op, DAMAM
A
ra
TRAL
16, 19", t av0VOf '
i "
t _ Pte, ' s tae ,
md
INF f XC.USS 0
$23,0W-00-
TOTAL AM1004T
'
AMOUNT OF rLAW 1
ASIS FOR
gWp;GTOTAL
S pYFoys
inoorod to ;NoIW
I)MURPS for:'pidn and
1
7
I fbaandmow � f,
except om
ama
th4 t
: HI "
_
o
jsab4a Vasquez-Vicks
Of
*is dayby the Coutr& Co
1999.
Va supervisors
6'0 c-0 comms __..
651 pine 5- tred
k 94553
k � t
1 LOSS, aty OR DAMAGE
CLAIM
B12 IEQRM&,
EDAM €October 19 1999
Claim Against ft County, or District Governed by }
the Boa7d of rvisors, Routing Endorsernents, NOTICE TO CLAIMANT
end Board Action. All Section referames are to } IV copy of tis dowmnt moiled to you is your
C iforri'a Government Codes. } notice of tie action taken on your claim by the
Board of Sippervisors, (Paragraph IV befov , Oven
prsuant to Gavenrnent Code Section 913 and
u} 915.4 Flease tote all *Warnings".
AMOLNT: In 'Excess of $25,000
CLAIMANT: Rebecca Ricks 00 WL"i f Y � M F
Y: DATE SVM: September 16, 1999
,ADDRESS: e/o 2708 Vasquez Court 'Y I3 Y ON: eDteraber 16, 1999
Antioch CA 94509
By MAIL poSTMARKM. Flan -Delivered.
L FROK Clerk of the Board of Supervisors TM County Counsel
Attached is a :;spy of the'above-noted claim
September 17, 1999 PHIL �
led• By: Deputy, =
IL O County Counsel Clark of the Board of Supe 'tsars
> 7bis 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. `fie
Board cannot act for 15 .s ds Section 910.8
days 3
>j ) Claim is not timely Medd Ile 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 lute claim (Section 911.3).
Other:
It : puty County Counsel
ONL- Clerk of the Board &4xcoty Counsel (1) County Admini, ator(2)
Claim was returned as untimely with n to claimant (Section 911.3),
-------------
® BQARD ESR ° By unanimous vote of the Supervisors present
`This Maim is rejected in full.
N Oth
er>
certify that this is a true and cont copy of the Board's Order entered in its minutes for this date.
Dated: PHIL BATCHELOR, Clerk, ByQC1erlC
WARN (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 wail 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. 1f you °tet to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT P
I declare under penalty of perjury that I am now, and at 811 times herein mentioned, have been a citizen of the United
States, over age 18; and that today I ldeposited 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. PHIS BATCHELORBy Pmy Clerk
GENERAL DESCR[PTION OF THE LOSS, INJURY OR DAMAGE SLTI FERED:
Grandmother was denied due process in the manner her grandchildren were removed
from the custody and residence of their father, step-ether and herself:
TOTAL AM£ UN7 CLAIMED: IN EXCESS OF $25,0K00.
THE BASIS FOR COMPUTING THE TOTAL AMOUNT OF THE CLAIM IS AS
FOLLOWS:
Special Damages incurred to Date: None
General Damages for: Pain and suffering, emotional distress.
I the undersigned declare under malty of per ury that I have read the foregoing clam for
damages and know the contents thereof,that the same is true of my own knowledge and
belief, save and except and as to them,I believe it to be true.
Dated: September , 1999
Rebecca Ricks
Received by the Contra Costa County Board of Supervisors this day of September,
1999.
by:
Contra Costa County Beard of Supervisors
651 fine Street
Martinez, CA 94553
g SEP
t _
EPUT
€ T Jo h s HiLLIP>S.A
Si LOP Al Cr`F
COUNTY COUNSEL JANICE L.AMENTA
.- NORAG.BARLOW
B.REBECCABYRNES
L A B.fiVrA ? CONTRA
:;.. p gam+ ,y }}. ANDREA W.CASS:DY
ON` RA COQ T- `'�+QUNT 1 NONtKAL.COCPEA
CH TEF ASSISTANT COUNTY COUNSEL VECKtE L.DAWES
OFFICE THE-CO �rARK s€S;3S
MtCNAELD FARR
SHARON L.ANDERSON �� � :IIs nA�3��a?�I��€��I� L?LLSA?vT FUJI
.
ASS's 3TANT COUNTY COUNSEL ".� t.�$ �:�*s :� � � � DcN V+5 C. �RAu•S
a JANET L HOtMES
A# T1 , "rP� 1F # � ;` � � KEVENT.K-
GREGORY C.HARVEY EDWARD.. AN AP
ASSISTANT COUNTY COUNSEL EDWARD V:.ANE,JR.
BEAT A1GE LTG
MAR`(ANN MASON
GAYLE MUGGLE PAVALL ERIE J.RAR.t J.RA
NGHE
OFFICE MANAGER ST EVEN P.RE?T*
DAVID F SC-IM;JT
DIANA J.SILVER
PHONE(925)335-18403 BARBARA N.Sl UPFE
FAX(925)646-1078 jACQ'UELINEY WOODS
NOTICE OF INSUFFICINC I'
AND/OR
NON-AC ' FI� �FLII�I
TO: Rebecca Ricks
2708 Vasquez Court
Antioch, CA 94509
RE: CLAIM OF: Rebecca Ricks
Please Take Notice as Follows:
The clam you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[ I L The claire fails to state the name and post office address of the claimant.
2. The claim fails to state the post office address to which the person presenting the claim
desires notices to be sent.
X 3. The claire 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.
[
] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars($10,000),
If the claim totals less than tern 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 tern thousand dollars ($10,000),the claim fails to state whether
jurisdiction over the claim would rest in municipal or superior court.
[
16. The claim is not signed by the claimant or by some person on his behalf
Page
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, C unty Counsel
13" puty County Counsel
CERTIFICATE OF-SERVICE, BY MAIL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California
94553;€air.a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. €
served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fatly prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
1 certify under penalty of perjury that the foregoing is true and correct.
Dated: September 20, 1999,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFIC ENCY OF CLAIM:GOVT.COLE§§9 f p,910.2,9X0.4,910.8)
Page 2
GEN'ERAL DESCRIPTION OF THE LOSS, INJURY OR DAMAGE SUFFERED:
Grandmother was denied due process in the manner her grandchildren were removed
from the custody and residence of heir father,step-mother and herself
'I"O`I`AL AMOUNT CLAIMED: Ili EXCESS OF$25,000.00.
TBE BASIS FOR COMPUTING THE TOTA , MOUNT OF THE CLAIM IS As
Special Damages incurred to Date: None
General Damages for: Fairs and suffering,emotional distress,
I the undersigned declare under penalty of perjury that I have read the foregoing claim for
damages and know the contents thereof,that the same is true of my own knowledge and
belief, save and except and as to them, I believe it to be true.
Dated: September ' 1999
R&eeea hicks
Deceived by the Contra Costa County Board of Supervisors this day of September,
1999.
by-
Contra
cy:Co tra Costa County Board of Supervisors
651 Pine Street
Martinez, CA 94553
t
S.s s
AIN
MIN
y� is� • R: F q P JJ.�. 4 Y :Y • �[ 4 i' Y.":,
11*:: P
• e :
• l U f ": •: O } !6. O 4 f a�" R .:♦" :.♦ »" N 9'�" Y:
! s
0 �16r 1 99 16'54 _ IM364 53 LAW OFFICE PAGE 02
GENERAL DES(MWTION OF TBE LOSS, LNY OR DAMAGE M 9
On h 16, 1999,Cpm wa daded d=procew C a 's 4th awadment tigbu
were brew ,Clmmmt sufferadviolation o'er pzivwy by the wvadon*f pdvwy, by
"gig thmSh on thek thmvto rown,take the dbildren
Ch ,s sum in"the oomd molester exid vioWoaof W 14th
proumAim r1aftsr the
`DOTAL AMOUNU CLAMM. IN EXCESS OF$25,000.ft
THE qy��g�yA I�IS���FtO . COL W THEOTAL AMOUNT OF AIMIS
AS
incus to Date' Noft
13 and wnq�, emodonal
1 the undcr4gwd dwlwv undew pcWty of pwjM OW I hive zwd the fbMoMclam for
, t ft sme Is tzue€fmy cfvm 6wwledsc wd
saw'wd excapt and as to than,I'befifte it to be trxw.
Dated. iQ_1199-9
by the Cautm Cosmo County Rood of&qUMSM fts day of soptvwtw,
1999,
by-
CorCoCly Board of Supa-,Awrs
651 NO.Suvat
Mew,CA%553
y
s
AMI)
CLALM
SOBER 19, 1999 ,
Claim Agairzt ft City, or District Governed by
the Board of erviscrs, w;�rtirg Endorisennts, NOTICE TO CLAIMANT
and Board Action. All Section references arra to The copy of i s nt trailed to You is your
Ul ruin Geer ° CDdSS. notice of the action taken on your dire by the
� � rBoard of SiVervisors. Water,aph IV belmM, Oven
Fscant to Goverment Code Section 913 and
15.4.1Pkwe note all * arnin s'.
AMOUNT. In Excess of $25,000 �
CI�MNL�JNM Richard Ricks
A X: DATE RECEINT.D: Septenber 16, 1999
DRESS: 2708 Vasquez Court BY DE Y TO CLE ON: �„ Septet 16. 1999
Antioch CA 94509
BY MALL S w I
T, Off; Clerk of the Board of Supervisors Ta. County Counsel
Attached is a copy of the'above-noted cls.
PHIL R, Cl
Dated: Septa-Pber 17, 1999 BY: Deputy.
IL FROM County Counsel M Clerk of the Board of Supervisor
( 71is claim complies substantially evith Sections 910 and 91€1.2.
11is claire FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. Tae
Board cannot act for 15 drys (Section 910.5).
Claim is not timely died. 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 clam (Section 911,3).
t ) Other:
Tlbated: �y .. . per County Counsel
l
FRONX
Clerk of the Board Counsel (1) County Administrator (2)
claim returned as untimely with notice to claimant (Section 911.3).
''g BOARD ORDEIL By unanimous vote of the Supervisors present
'hit Claim is rejected in full.
Othern
I certify that this is a true and correct copy of theBoard's Wet entered its minutes for this date.
Dated: PML BAMMLOR, Clerk, Byy. p Clerk
WARNING (Gov. code section 9r3)
Subject to certain exceptions, you have only six £) months from the date this notice was personally served or deposited
in the snail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in conrseetion with this utter. If you want to consult ars attorney, you should do so
immediately. *For Additional gelat ing See Reverse Side of This Notice.
AFFIDAVIT4P MMLING
I declare under penalty of perjury that I am now, and at all unset herein mentioned, have been a citizen of the United
Sues, over age 18; and that today I deposited in the United States postal Service in Martinm California, postage fulli
prepaid a certified copy of this Bid Order and Notice to Claimant, addressed to the claimant as showm above.
Dated:
By: pIUL BATCI LOR By, pnty Clerk
GENTERAL DESCRIPTION OF THE LOSS, INJURY OR DAMAGESUTTERED:
Amendment to clainn submitted May 11, 1999. Claimant was denied due process.
Claimant's 4th amendment rights were breached in that his daughter, Sabra was
subjected to an illegal search of her person, when her night clothes were pulled away
from her body in the defendants attempt to ascertain whether or not she had any bruises
on her body. Claimant.also was injured by the defendants invasion of privacy;violation
of his civil rights; violation of his 14th amendment equal protection under the lave right;
defamation of character, by being placed in "the computer"as a child abuser and being
threatened that defendants would "come back."
TOTAL AT\40U-NT CLAIMED: IN EXCESS OF$25,000.00.
THE BASIS FOR COMPUTING G THE TOTAL,AMOLTN7 OF THE CLAIM, IS AS
FOLLOWS:
Special Damages incurred to Date: None
Genera'! Damages for: Pain and surTering,emotional distress.
I the undersigned declare under penalty of perjury that I have read the foregoing claire for
damages and know the contents thereof-,that the same is true of my own knowledge and
belief, save and except and as to them, I believe it to be true.
Dated: September 1 , 1999
y-
Richard Rich
Deceived by the Contra Costa County Board of Supervisors this day of September,
1999.
by:
Contra Costa.County Board of Supervisors
651 Pane Street
Martinez,CA 94553
SED eco
F v�
r r
PHILLIP S.ALTHOFF
COUNTY COUNSEL JAMCEL.AMFWA
NORAG.BARLOW
B.REBECCA BYRiN ES
MY
S�`^`JANO S.MARCHES! ANDREA W CRSSR
id # 1 i HA COSTP�a §33°d;#� NONIKAt COOPER
C:,IEF ASSISTANT COUNTY COUNSEL =K[=L DAWES
OFF1 OFTHE- O COUNSEL MARK_S.EST:s
MECHAEL D FAFIR
amnsFa LL iA\=Fu iiSHARON .ANDSO 0E3z
ASS:S`eANT COUNTY COUNSEL ���,ON E 5TR � ��� D_NN Sr-GRAVES
s JANET L HOLMES
MAST_. CA F 1223 KEV;NT.KERB
GREGORY .HARVEY
BERNARD L.Ki APP
EDWARD V.LANE,jRi
ASSISTANT COUNTY COJNSELBEATS ICE L#L'
MARY ANN MASON
G
PAUL MW
AYLE MUGGI
vALER;E J RANCHE
OFFICE MANAGER STEVENP.RETT#G
DAVID F.SCHWOT
DIANA J.SILVER
r'a'!•I^elNE(325)::55-`:SQO BARBARA N.SUTLiFFr
CAX X325}$A8 i�78 JACOJELINEYWOOOS
NOTICE OF INSUFFICIENCY
AND/OR
NO -ACCEPTANCE CSF CLAIM
TO: Richard Ricks
2708 Vasquez Court
Antioch, CA 94509
RE: CLAIM OF: Richard Ricks
Please Take Notice as Follows:
The claim you Presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section.
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[ ] L The claim fails to state the name and post office address of the claimant.
[ ] 2. The claim fails to state the post office address to which the person presenting the claim
desires notices to be sent.
X] 3. The claim fails to state the date,place or other circumstances of the occurrence or
transaction which gave rise to the claire asserted.
(X ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or
loss, if known.
[ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than ten thousand dollars($10,000),the claim',fails to state the amount
claimed as of the date of presentation,the estimated amount of any prospective injury,
damage or loss so far as known, or the basis of computation of the amount claimed. If the
amount claimed exceeds ten thousand dollars($10,000),the claim fails to state whether
jurisdiction oder the claim would rest in municipal or superior court.
[ ] 5. The claim is not signed by the claimant or by some person on his behalf.
Wage 1
......... ......... ...._.._. ......... _........ ...._.... ._._........... .
........ ........ ........ ........_. ........ ........ ......... ........ ......... ........... ......... ...........
' 7. father: The claim fails to describe any duty or obligation of the pudic',entity and any action
giving rise to the claim.
VICTOR J. WESTMAN, County Counsel
Deputy County Counsel
r
CERTIFICATE OF SERVICE BY NAIL
(C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare ghat my business address is the County Counsel's Office of Contra Costa County,651 line Street,Martinez,California
94553;1 a`P"a a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action.. 1
served a true copy of this Notice of insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify ander penalty of perjury that the foregoing is true and correct.
Bated: September 20, 1999,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8)
Page 2
_. . ._._.... _......._ ..... ............
...... ..
..... ........ ......... ........ ........ ......... .__......... .........
.. ... .._. . _ _........... ...
GENERAL DESCRIPTION OF THE LOSS, UNJURY OR DAMAGE •SL FES:
Amendment to claim submitted May 11, 1999. Claimant was denied due process.
Claimant's 4th amendment rights were breached in that his daughter, Sabra was
subjected to an illegal search of her person, when her night clothes were pulled away
from her body in the defendants attempt to ascertain whether or not she had any bruises
on her body. Claimant also was injured by the defendants invasion ofprivacy; violation
of his civil rights;violation of his 14th amendment equal protection under the law right;
defamation of character,by being placed in"the computer"as a child abuser and being
threatened that defendants would"come back."
TOTAL AMOUNTCLAIMED: IN EXCESS OF$25,030.00.
THE BASIS FOR COMPUTING THE TOTAL ANMOLWIT OF THE CLAM IS AS
FOLLOWS:
Special Damages incurred to late: None
General Damages for:Fain and suffering, emotional distress.
1 the undersigned declare under penalty of perjurer that I have read the foregoing claire for
damages and know the contents thereof,that the same is true of my own knowledge and
belief, save and except and as to them, I believe it to be true.
Dated: September <' , 1999
:.
Richard laic -
Received by the Contra Costa County Board of Supervisors this��_ day of September,
1999.
by:
Contra Costa County Beard of Supervisors - -651 line Street
Martinez, CA 9455 k,
1
r$
alm
c • •
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F:=: f R"� f:fi" E e{-"." i .'{ s 4. "♦ � f." • t f. .! f.'. s
R • :$ ""-b i s •R i"d t R ( .is $ !. "y.�. :.�:
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: %" 6 ., e e :20.R f E ""-, # •d "".■ 4 f ":'�d
"74—
GENERAL DESCRfPTION OF THE LOSS, I JUTRY OR DA-\,- 4A' SLFTERED:
Amendment to claim submittedMay ay 11, 1999. Claimant was denied due process.
Claimant's 4th amendment rights were breached in that her daughter, Saga was
subjected to an illegal search of her person,when her night clothes were pulled away
from her body in the defendants attempt to ascertain whether or not she had any bruises
or her body. Claimant also was injured by the defendants invasion of privacy; violation
of her civil rights; violation of her 14th amendment equal protection under the law right;
and being threatened that defendants would"cone bade"
T GTAL AMOUNT CLAIMED: IN EXCESS OF S25,OKOO.
THE BA1�sis O COMPUTING THE TOTAL AMOUNT OF THE CLAIM IS AS
FOLLOWS:
Special Damages incurred to Date: None
General Damages for: Pain and suffering,emotional distress.
I the undersigned declare under penalty of perjury that I have react the foregoing claim for
damages and know the contents thereof;that the same is true of my own knowledge and
belief,save and except and as to then, I believe it to be true.
Dated: September l , 1999
Isabell# Vasquez-Ricks %
-, 0
Deceived by the Contra Costa.County Board of Supervisors this clay of September,
1939.
by.
Contra.Costa County Board of Supervisors
651 Pine Street
Martinez, CA 9455
s
SEP 16 19909 {{1
t ' F
i
t
VICTOR J.WESTMAN €s cMs:
COUNTY COUNSEL P ':LL3Ps.ALTHOFF
JAN!C=_L.AME`vTA
KORA C,.SARLOW
B.REBECCA BYRNES
S€€.VANO B.MARC ESQANDREA W CASSIDY
CH IEF ASSISTANT COUNTY COUNSEL CONTRA COSTA.Z.GUNITY MONIKA L.COOPER
gg,r�aa. gg��g �ggam$ gg��kk�re g ViCKIE L.DAWES
OFFIC FTNE U 9ddNSEL MARKES._ST:S
SHARON L.ANDERSON MICHAEL D.FARR
i z£3sf 4'31�Fit;$TRA E�3'iEff fA ., ULL:ANT.FUJ::
ASSISTANT COUNTY COUNSEL vDENNIS 0.GRAVES
x4t JANET L.HOLMES
GREGORY HARVEY
ies4A 't 3 I t 1 `€229 KEV!NTKERB
BERNARD: KNAPP
ASSISTANT COUNT,Y COUNSELDWARD V.LA E, ;R.
BER:RICE UU
MARY ANN MASON
GAYvGGU
PAUL a.My tZ
OFFICEMANAGER VALERIE J.RANCf E
STEVEN R RE—MG
`iC
DAVO F.SCP.M:DT
PHO'-E(325)335-1800 D;ANAJ.Ss.LVER
BARBARA N.SJT_1FFE
FAX 925)646-1078 g JACQUE1:NEY:WOODS
NOTICE OF INSUFFICIENCY
FFICIE.NCY
ANIS/OR
NON-ACCEPTANCE OF CLAIM
TO: Isabel!Vasquez-Ricks
2708 Vasquez Court
Antioch., CA 94509
RE: CLAIM€ F: Isabell Vasquez-Ricks
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[ I L The claire fails to state the name and post office address of the claimant.
[ ] 2, The claim fails to state the post office address to which the person presenting the claire
desires notices to be sent.
X1 3. The claire fails to state the date,place or other circumstances of the occurrence or
transaction which gave rise to the claim.asserted.
[X 14, The claim fails to state the name(s)of the public employee(s) causing the injury, damage, or
loss, if known.
[ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than ten thousand dollars($10,000), the claim fails to state the amount
claimed as of the date of presentation, the estimated amount of any prospective injury,
damage or loss so far as known, or the basis of computation of the amount claimed. If the
amount claimed exceeds ten thousand dollars ($10,000),the claire fails to state whether
jurisdiction over the claire would rest in municipal or superior court.
j 6. The claim is not signed by the claimant or by some person on his behalf.
Page 1
1. Cather; 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
El h
putt' County Counsel
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Cade§§641,654)
1 declare that any business address is the County Counsel's Office of Contra Costa County,651 fine 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. 1
served a true copy of this Notice of Insufficiency and/or Non-acceptance of Clain by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of penury that the foregoing is true and correct.
Dated: September 20, 1999,at Martinez,California.
cc: Cleric of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,91U,920.4,9#0.8)
Page 2
GENERAL DESCRI TIO OF THE LOSS, TXJL Y OR DA MI AOE SUFFERED.-
Amendment
I: FFEERED:Amendment to claim submitted May 11, 1999. Claimant was denied due process.
Claimant's 4th amendment rights were breached in that her daughter, Sabra was
subjected to an illegal search offer person, when her night clothes were pulled away
from her body in the defendants attempt to ascertain whether or not she had any bruises
on her body. Claimant also was injured by the defendants invasion of privacy; violation
€fher civil rights;violation of her 14th amendment equal protection under the law right;
and being threatened that defendants would"come back."
TOTAL Al Ql N7, CLAWED: IN EXCESS OF$25,0011.W
THE BASIS FOR OMPUTNTHE TOTAL A. OLNT OF HE CLAIM IS AS
FOLLOWS:
Special Damages incurred to .date: None
General Damages for: Pain and suffering,emotional distress.
1 the undersigned declare under penalty€f penury that I have read the foregoing clam for
damages and know the contents thereof; that the same is true of my sawn knowledge and
belief, save and except and as to them, I believe it to be true.
Dated: September k' , 1999
{ o
lsabeI4 Vasquez-Ricks N_-�
Received by the Contra Costa CountyBoard of Supervisors this day of September,
1999.
Centra Costa County Board of Supervisors
651 Dine Street
Martinez, CA 9455
wrct .n �
d s
CLAIM
OCTOBER; 1.9, 1999
Claim Against the County, or District Governed by �
the Board of Supervisors, Routing Endorsernents, } NOTICE TO CLAP rr
and Board Action. All Section references are to The copy of Ws docurnent roiled to you is your
aliforria Governrrient Codes. fence of the action taken an your dairn by the
Board of Supervisors. (Paragraph IV belovo, oven
pursuant to Goverrrnent Code Section 913 and
915.4. Please note all 'Warnings".
AM
C3LN1: it Excess of $25,G00 CLAjMAv
'T`: Richard Ricks, Jr.
ATTORNEY. DA's 1I September 16, 1999
ADDp, SS: 2708 Vasquez Court BY DE.1aRY TO CLERK : � Se2tember 1ST 1999'
An-loch CCA 94509
BY MAIL POS : Hand-Delivered
L #: Clerk of the Board of Supervisors . County Counsel
Attached is a copy of the above-voted cls.
MIL BAT Ott, arc.
Dated: Septeher 17, 1999 By: poty ....� ` f
IL FROM County Counsel IXY Clerk of the Board of Supervisors
( This claim complies substantially ally with Sections 910 and 914.2.
( This claire FAILS to comply substantially with Sections 914 and 914.2, and we are so notifying claimant. The
Beard cannot act for 15 days (Section 914,8).
Claims is not timely filed. 'fbe Clerk should return claims on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
) Other:
t�
# i __Peputv, County Counsel
s
UL
Off: Clerk of the Board onty Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
"y BOARD ORDEM By unanimous Grote of the Supervisors present:
This Claire is rejected in full.
( 3Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: &A 1 PWL BATCHELOR, Clerk, By y � , , °' Deputy Clerk
WARNING (Gov. code sectio7§13)
Subject to certain exceptions, you have only sic ( ) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFMAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all tinges 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 filly
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: By: 'PICL BATCHELOR OR By Deputy Clerk
Cc: County Course; County AdiWniMtor
GENERAL DESCRUMON OF THE LOSS, INJURY OR DkM- ACE SUFFERED:
Minor was denied due process in the manner he was removed from the custody and
residence of his father and mother.
TOTAL AMOUNT CLAI:NED: IN EXCESS OF$25,000.00.
THE BASIS FOR CC3WITTING THE TOTAL AMOUNT OF THE CLAW IS AS
FOLLOWS:
Special Damages incurred to Bate: None
{general Damages for: Fain and suffering,emotional distress.
I the undersigned declare under penalty ofpe�urythat I have read the foregoing claim for
damages and know the contents thereof, that the same is true of my oven knowledge and
belief, save and except and as to them, I believe it to be true.
Bated: September , 1999
Richard Ricks,Jr.
Received by the Contra Costa County Board of Supervisors this day of September,
1999.
by:
Contra Costa County Board of Supervisors
651 Fine Street
Martinez, CA 94553
} f
x SEP 16 1999
VICTOR J.WESTMAN
DEPUTIES.
CC't,1NTY COUNSEL iPH!Li_9?S.ALTHCFF
JANiCE L.AMENTA
NORA G.BAR_OW
B.REBECCA BYRNES
SVA O A?� SANDREA W.CASSMY
CH:EF ASSTS TANT COUNTY COUNSEL �g�g $$���T�� STA� �;g��q g MaNSKA L COOPER
OFFI OF 8 H $�3� �i� MAK.EL.DAWES
ou
MAFaKE S EST{S
SHARON L.A DERS NM;CHAELD.FARR
fi<�N,. e'' ,£Ml�.1STF�+€T 'BUIW-tki, ;;: L.L:.iAty`.Fl}JR
ASSISTANT COUNTY COUNSEL
SRF TDENIMS C GRAVES
-ETJANET HOLIES
OY C.HAi i9 `l MAR�°�P�M €Fg55#s -9 �:= 229 KEV:NT.KERR
BERNARDL.KNAPa
AS&S TANT COUNTY COUNSEL EDWARD V.LANE,JR.
BEArR;CE UU
MARY ANN MASON
GAYLE MUGGL! PAUL R.Mu v z
OFFICE MANAGER VALERIE J.RANCHE
STEVEN PRE iG
DAVID F.SCHNIM
PHONE(925)335-1,800 DEANAJ.8 VEf
BARBARA N.SUTLIFF=
FAX(925)646-1078 JACa13ELiNEY.W60[S
NOTICE OF��7�SUFFICIENCY
V',{'
d�S l IOD
NON-ACCEPTANTCE OF CLAIM
TO: Richard Ricks,Jr.
2708 Vasquez Court
Antioch, CA 94509
RE: CLAIM OF: Richard Ricks, Jr.
Please Take Notice as Follows:
The claire you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[
I. The claire fails to state the name and post office address of the claimant.
] 2. The claim fails to state the post office address to which the person presenting the claim
desires notices to be sent.
X ] 3. The claim fails to state the date, place or other circumstances of the occurrence or
transaction which gave rise to the claire asserted.
[X ] 4. The claim fails to state the name(s) of the public employee(s)causing the injury, damage, or
loss, if known.
f ] 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 claire would rest in municipal or superior court.
r ] 6. The claim is not signed by the claimant or by some person on his behalf.
Page 1
[
17. Other: The claim fails to describe any duty or obligation of the public entity and any action
giving rise to the claims.
VICTOR J. WESTMAN, County Counsel
/*Deputy Co y Counsel
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California
94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and€of a party to this action. I
served a true copy of this Notice of insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: September 20, 1999,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8)
?age 2
GENT RAL DESCRHMON OF THE LOSS, INJURY OR DAMAGESUFFERED:
Minor was denied due process in the manner he was removed from the custody and
residence of his father and mother.
C`O'I ALOUNT CLAIMED: IN EXCESS OF$25,000.00.
THE BASIS FOR COMPUTING G T TOTAL AMOUNT T O 'THE CLAIM IS AS
FOLLOWS:
Special Damages incurred to Date: None
General Damages for: Pain and suffering, emotional distress.
I the undersigned declare under penalty of l ury that I have react the foregoing claim for
damages and know the contents thereof-,that the same is true ofmy own knowledge and
belief, save and except and as to them, I believe it to be true.
Dated: September , 1999
Richard Rlcks,fir. - - - -
Received by the Contra Costa County Board of Supervisors t €s k day of September,
1999.
dontra Costa County Board of Supervisors
651 Pine Street -
Martinez, CA 94553
i
. :999
:+l4ai �� � ® s •s
w
k
f
Li p"�." ♦ e R a: :S:" s d I R" ! "f: d 9 R
LA L • L 6" 4" R R"R
4 gi 4 t
R:.:. L :.. d:'"" L O: "aa 4 f 4:. :4 4"', e d t: + 4:; i • .:t- d "'• S: i
GENERAL DESCRIPTION OF ITIE LOSS, INJURY OR DAMAGE SUFFERED:
Minor was denied due process in the manner he was removed from the custody and
residence of his step-father and mother.
TOTAL AivIOUNT CLA M. ED: Lel EXCESS OF 525,000.00.
TIE E BASIS FOR COMPUTING THE TOTAL AMOUNT OF THE CLAIM IS AS
FOLLOWS:
Special Damages incurred to Date: lone
General Damages for: Iain and suffering,emotional distress.
11
the undersigned declare under malty of penury that I have read the foregoing claire for
damages and know the contents thereof,that the same is true of ray own knowledge and
belief, save and except and as to theirs, I believe it to be true.
Dated: September U� , 1999
Nicolas Vasquez
Received by the Contra Costa County Board of Supervisors this day cif Septe rsber,
1999.
by:
Contra Costa County Board of Supervisors
651 Pine Street
Martinez, CA 9455
9 }
1 5 t S
VICTOR J.WEST AN DES:
PHILLIP S A'Tt OFF
COUNTY COUNSEL JANIc_L.AMEN A
NORA G.SARIOW
L
S.REBECCA BYRNES
SIVA. O S.! £A �+ i.S ANDREA W CASSIDV
CONTRA COSTA DU TY PAON;KA L.COOPER
CH IEE ASSISTANT COUNTY COUNSEL ' gg VICKIE L.DAWES
OFFI OF BA�pgg SEL MARKE S.ESTIS
M3CHAEL D.FARR
SHARON L.A€ DERSON aPv�ra s Rei a� LIL�:ANT FUJii
ASSISTANT COUNTY COUNSEL _.- +( e s E66. s' DE{VNiS C GRAVES
JANET L.HOLMES
GREGORY C.HARVEY MA" ia�s�li Q �r�C ��::122� KEvfNT(ERR
BERNARD L.KNAPP
ASSISTANT COUNTY COUNSEL EDWARD V.LANG,J?.
BEATRICE LIt
MARY ANN MASON
GAYLE MUGGLI PAUL R.A UNIZ
VALERIE J.RANCHE
OFFICE MANAGER STEVEN R.RETTIG
DAVID F.SCHM0T
DIANA J.SILV SER
?HCS-}' (925)335-1800 BARBARA N.SUTLIFFE
FAX(928)646-1078 'AGOJCL;NE Y.WOODS
INOTICE OF INSUFFICIENCY
ANTD/OR
NON-ACCEPTANCE OF CLAIM
TO: Nicolas Vasquez
2708 Vasquez Court
Antioch, CA 94509
IE: CLAIM OF: Nicolas Vasquez
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
I. The claim fails to state the name and post office address of the claimant.
[ 2. The claim fails to state the post office address to which the person presenting the claim
desires notices to be seat.
[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.
[ ] 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 claire fails to state the amount
claimed as of the date of presentation, the estimated amount of any prospective injury,
damage or loss so far as known, or the basis of computation of the amount claimed. If the
amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether
jurisdiction over the claim would rest in municipal or superior court.
[ ] 6. The claim is not signed by the claimant or by some person on his behalf.
Pacre 1
..._..... ......... ......... ......... ......... ......... .............._...................._..............._..
...................._.... _...._..... ...._........ ..._....... ............. ........ ..._....... ........_.._............ .........
7. Other: The clam fails to describe any duty or obligation of the public entity and any action
giving rise to the claim.
VICTOR J. WESTMAN, County',Counsel
� f
By: ,
I uty County Counsel
CERTIFICATE OF SERVICE BY MAID
(C.C.P.§§ 1012, 1013a,2015.5,Evidence Code§§641,664)
declare that my business address is the County Counsel's Office of Contra Costa County,651 nine Street,Martinez,California
94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I
served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of per ury that the foregoing is true and correct.
Dated: September 20, 1999,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§990,910.2,920.4,910.$)
Page 2
GENERAL DESCRIPTION OF THE LOSS, I JURY OR DMASLS FRED.
,Minor was denied due process in the manner he was removed from the custody and
residence of his step--father and Mother.
'FOOT' -MOUNT'CLAIME: IN EXCESS OF S25,000.00.
THE BASIS FOR COMPLTUNG THE TOTAL ANIONT OF TI, CLAIM IS AS
FOLLOWS-
Special Damages incurred to Date: None
General Damages for: Pain and suffering,emotional distress.
I the undersigned declare under penalty of perjury that l have read the foregoing claim for
damages and know the contents thereof;that the serve is true of my own knowledge and
belief, save and except and as to them, l believe it to be true.
Dated: September , 1999
e
aA
Nicolas Vasquez
Received by the Contra Costa County Board of Supervisors this day f September,
1999.
Contra Costa County Board of S pervIsors
651 Pine Street.
Martinez,CA 94553
rah
ns" I
hsF kw Y
CLAIM
€r-tober 19 1999
Clea Against ft County, or District Governed by
t wd of ervis rs, Routing Endorwmrits, NOTICE TO CLAIMANT
and Bowd Action All SeCtim references we to Re copy of tfis dommnt ffelled to you Is your
C ifdrrie Goverrmni Codes. wtice of the action teen on your clam by the
hoard of nweo+rs. (Paregraph,(Paragraph, IV beloWie Oven
fr pzsuant to Govemmm Code Section 913 and
G15.4. Pinse rote adl * arrgrigs°".
AMOUNT: 100.00 =w
p' gg
.' k S N1 s2a
CLAJMAN7. Uldine M. talker ;�Z WAW;
517 Rincon Road v.
ATTORNEY:E1 Sobrante CA 94803 DATE . September 16, 1999
ADDRESS; (see above) By DELTVERy To CLMK ON: Se]2tember 16, 1999
BY MAID STSAPI=; Haid-Delivered
Mn- Clerk of the Board of Supervisors M County Corel
Attached is a copy of the abovednoted cl .
September 2Q 1999 p _ R, Clerk s
Dated: r y; Fnty f y/
1. FRONL, County Counsel TO. Clerk of the Board of S�aperviso
#° This claim complies substantially with Sections 918 and 9111.2.
} This claire FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 1$ days (Section 9113.11).
Claim is not timely filed. 'tae Clerk should return claim can ground that it was filed late and send warning of
claimant's right to apply for'leave to present a late claim (Section 911.E).
) Other:
r'
Dated; ; Dept County Counsel
t
M.
a
FROM Clerk of the Boardty CAMMOT 1) County Administrator
( ) claim was returned as untimely with n ice to claimant (Section 911.3,).
IV. BOARD ORDML By umimous vote of the Supervisorspresent:
This Claim is rejected in full.
( 0ther.
I certify that this 1s a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: ` ' p1IL BATCHEL & Clerk, By Deputy Clerk
WARN7NG (Gov. code section 13)
Subject to certain exceptions, you have only six (6) months ftom the date this notice was personally sued or deposited
in the mail to file a court action on this claire. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this utter. If you ext to consult an attorney, you should do so
immediately. *For Additional U' ng See Reverse Side of This Notice.
SAM OF MAUJNG
I declare under penalty of per ury that I am now, and at all tunes herein mentioned, have been a citizen of the United
Mates, over age 18$ and that today I deposited in the United States Postal Service in Martinez, California, postage full:
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant " shown above.
Dated- , ` '" By- PHIL BATCHELOR Y � �� ,�� �- � Deputy Clerk
Chinn-to; BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
A. Claims r=elating to carries of action for death or for injury to person or to personal property or growing crops
and which accrue on or before December 31, 1987, must be presented not later than the 100* day air 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 sir; months after the accrual of the cause of action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause of action. (Govt. Code§911.2.�
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building,651 fine Street,Martinez,CA 94553.
C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the
District should be Filled in.
D. If the claim is against more than one public entity,separate claims must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
RE: Claim by Reserved for Clerk's Filing Stamp
•
RECEIVED
Against the County of Contra Costa
or1999
CLERK SOA14D OF SUPERVISORS
-District CONTRA Cwm Co.
(Fill in Name)
The undersigned claimant hereby makes claim against the County of Contra Costa or the above named
District in the sura of S a ,�, �and in support of this claim represents as follows:
1. When did the damage or injury occur? (sive exact Date and Hour)
d
.,____-_-____m____a_-____m_ -_ __-..e_____________.._-m____. ________-___
2. Where slid the damage or injury occur? (include City and County)
---------------
3. How did the damage or injury occur` (Give W details,use extra paper If required) �`�, ✓ /'' � � � ,� cs ...�"
p ,:. ✓' s. .rd,i� r` �.;,n. r:iG� j �'jCaf? ' � t - rte.
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4. What particular act or omission on the part of county or district officers, servants, or,ernploya-s caused the
injury or damage?
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Sa What are the names of count),or district officers,servants,or employees causing the damage or injury?
'Meat damages or injuries do you claim resulted? Give run extent o£injuries or a amag"claimed Attach 1W timstes r*r
swe damage
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7. Ho as the above im mount computed? (include the estimated&motor.'cat any prospective injury or damage.)I1✓f1�'`y ,"
How se
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&e Harries and addresses of what—s s,doctors,and,hospitals a �
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9. List the expenditures you made on account of this accident or injury:
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Goy. Code Sec.910.2 pro ides:
"The clam must be signed by the claimant
SEND NOTICES TO: (Attorney) ° or by some person on his beha]E"
Name and address of Attorney
p � �
(Claimant's Signature)
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Telephone No. Telephone No
NOTICE
Section 72 of the Penal Code provider.
-Every person who with intent to defraud,presents for allowarice 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
clap, hill, 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 bothsuch imprisonment and
farce,cff by imprisonment in the<state prison, by a firms of not exceeding ten thousand dollars(S10^)� or by both
such imprisonment and farce.
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/PAROLEE Location: Isxstdtutlrrrs/Para€e���#�� Log Na. Category
APPEAL FORS . ,. O
2.4321tEf # : 2. "a
YOUpolicy,act1w or decision which has a significant ftvmrse a upon you.With the exceptionof Serious CDC 116s,classificationC'3E 3!#tYltfBe nd classification and staff representative decisions,you must firm inforsrsallyseeek relief throuVh discussion withthe appropriate staff
member.who will sign your form and state what action was takers,it you are not then satisfied,you may send your appeal with sit the supporting)
documents and not more than one additional page of comments to the Appeals Coordinator within IS days of the action taken.No re+pri Iswillbetaken
for uOng the>appeals>procedure responsibly,
esz Assssssvtel1 uM'rtt s s�u3�ta
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you need more spate,attach one additional sheet,
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Ire 'Parol Signature: Date Submitted-.
C. INFORMAL LEVEL(Data Received: � s:
Staff Response: T
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Staff Sign UM.- Date Returned to Inmate- p
MAL LEVE
If u are dissatisfied,explain below,attach supporting doouments( * t CDC##5,Investigator's Report,Classification chrono,CDC 128,etc.)and
submit to the institution/Parole Region Appeals Coordinator for#ar g it"16 stays of receipt of rasporaseo
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Signature: ?: Data Submitted:
Note:Property/Funds appeals must be accompanied by a completed Y ZIRMC Appeal Number:
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#
EIVED
SEp 17 1999
€.ErR�t'ssoAR OF SUPER'f'�G?§�
Claim of joSE PASTRA A APPLICATION FOR LEAVE
TO PRESENT LATE CLAIM
ON BEHALF OF C AIMANIT
VS .
COTJNLTY OF CONTRA COSTA
To the County of Contra Costa:
1. Application is hereby made, pursuant to Government Code
§911.4, for 'Leave to present a late claim founded on various causes
of action mor persona' injuries which accrued on or about. February
1999, for which a, claim was not presented against the County of
Contra. Costa within thy: 180 day period provided by Section 911.2 of
the Government Code. For additional circumstances relating to the
cause of action, reference is :jade to the previously-presented
claim attached to this application.
20 The reasons that no claim was presented as to this
particular incident during the period of time provided by Section.
91.1..2 of the Government Code are
a. Initially, counsel was concerned that the presentation of
such claim could affect the pending criminal prosecution, by
causing the County of Contra Costa, through its District Attorney' s
office, to take a harsher approach to Mr. Pastrana' s criminal case.
It was 4oped that the criminal prosecution could be resolved before
the claim was presented, so that Claimant did not suffer any
1
additional, detriment for having presented the claim.'
b. Some of the details of the incident forming the basis for
the clai were not. known by Claimant (he was rendered unconscious
for a short time and was groggy for a period after) . Where was
some delay wn obtaining some of these details from Claimant' s wife.
C. Although the deadline date for presentation, of the claim
was calendared it was done so only internally by the person in
Claimant' s counsel' s office who was working on the 'claim. This
employee was out of the office for surgery, beginning on August 14,
1999, through .August. 19, 1999, inclusive, and this particular
deadline was Missed in the press of business following his return
to his duties.
3 . The failure to present this claim within the 180 day
period specified by Section 911..2 of the Government Code was
through mistake, inadvertence, surprise or excusable neglect, and
the County of Contra Costa was not prejudiced by this failure, all
as more particularly shown by the attached declarationof John Diaz
Coker. The 180 day period for this claim ran on or ;about August
19, 1999 . The claim was presented on August 31, 1999, a period of
only 12 clays after the running of the 180 day claim period.
4 . There is no prejudice to the County of Contra Costa in
investigating the-se :natters or in preparing a. potential defense
which have been occasioned by any delay on the part of claimant' s
counsels in requesting leave for the filing of a late claim,
because: (1) the difference between ending the 1-80 day claim period
and the date of presentation is only 12 days; and (2)' County of
2
Contra Costa has been actively engaged in investigating and
prosecuting the criminal case against Claimant arising out of the
sage incident, said investigation and prosecution. being based
primarily on the same reports, statements and evidence as fora the
basis of the civil rights claim.
S. This application is being presented within' a reasonable
time after accrual of this cause of action, as more Particularly
shown by the attached declaration of John Diaz Coker.
WHEREFORE, it is respectfully requested that this application
be granted and that the attached proposed claim be received and
acted on in accordance with Sections 912 .4 through; 914 of the
Government Cade.
Dated: September 16, 1999 r
jar"
i
3
DECLARATION OF JOHN DIS.Z_CO-KER
I, John Diaz Coker, declare as follows:
1. 1 am an attorney licensed to practice before all the
courts of this state, and am the attorney of record for JOSE
PASTRANA, claimant herein.
2 . The reasons that no claim was presented as to this
particular incident during the period of time provided by Section
911. 2 of the Government Code are:
a. Initially, counsel was concerned that the presentation of
such claina could affect the pending criminal prosecution, by
causing the County of Contra Costa, through its District Attorney' s
office, to take a harsher approach to Mr. Past rang' s criminal case.
It was hoped that the criminal prosecution could be resolved before
the claim was presented, so that Claimant did not: suffer any
additional detriment for having presented the claim.
b. Some of the details of the incident forming the basis for
the clai were not known by claimant (he was rendered unconscious
for a short time and was groggy for a period after) . There was
some delay in obtaining some of these details from Claimant' s wife.
C. Although the deadline date for presentation of the claim
was Galen dared it was done so only internally by the person in
Claimant' s counsel' s office who was working on the claim. This
employee was out of the office for surgery, beginning on August 14,
1999, through August 19, 1999, inclusive, and this particular
deadline was missed in the press of business following his return
4
to his duties.
3 . The failure to present this claim within. the 180 day
period specified. by Section 9 .1.2 of the Government Code was
through mistake, inadvertence, surprise or excusable neglect, and
the County of Contra Costa was not prejudiced by this failure as
set forth above.
4 . The 180 day period for this claim ran, on or about August
9, 1999 . The claim was presented on August 31., 1999, a period of
only 12 days after the running of the 180 day claim period.
S . There is no prejudice to the County of Contra Costa in
investigating these matters or in preparing a. potential defense
which have been occasioned by any delay on the part of claimant' s
counsel sn requesting leave for the filing of a ' late claim,
because; (1) the difference between ending the 180 dayclaim period
and the date of presentation is only 12 days; and (2) County of
Contra Costa has been actively engaged in investigating and
prosecuting the criminal case against Claimant arising out of the
same incident, said investigation and prosecution being based
primarily on rhe same reports, statements and evidence as form the
basis of the civil rights claim.
6 . That Mr. Pastrana' s claim was not timely filed as a result.
of :mistake, inadvertence or excusable neglect . It was never our
intention to delay or obstruct the timely filing and consideration
of Mr. Pastrang° s claims by the County of Contra Costa.
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct to the best of
5
mcg% knowledge and that this declaration was executed! on September
1999 at Pittsburg, California.
/, OHN DIAZ ER
f
6
(a) The board shall grant or deny the application within 45 days after it is Presented to the board.
The claimant and the board may extend the period within which the board is required to act on the
application by written agreement made before the expiration of the period.
(b) The board shall grant the application where one or more of the following is applicable:
(1) The failure to presentthe claim was through€istake,inadvertence,surprise or
excusable neglect and the public entity was not prejudiced in its defense of the claim by the
failure to present the claim within the time specified in Section 9112.
(2) The person who sustained the alleged injury,damage or loss was a miner during all of
the time specified in Section 911.2 for the presentation of the clause.
(3) The person who sustained the alleged injury,damage or loss meas physically or
mentally incapacitated during all of the time specified in Section 911.2 for the presentation
of the claim and by reason of such disability failed to present a claim during such time.
(4) The person who sustained the alleged injury,damage or loss died before the expiration
of the time specified in Section 911.2 for the presentation of the claim,
(c) If the board falls or refuses to act on an application within the time prescribed by this section,
the application small be deemed to have been denied on the 45th day or,if the period within which
the board is required to act is extended by agreement pursuant to this section,the last dap of the
period specified in the agreement,
Added Stats,1963 cls 1716§1,Amended Stats 1965 ch 653§4<Stats 1979 ch 769§ie
Amended Stats 1967 ch 1201 §21,1209§6>
California Codes,Rules, BAR and CALJIC t
COpy"Ight 194' Matthew Bei&Co.,Inc.
CLAIM AGAINST CONTRA COSTA COUNTY
AND ITS AGENTS AND EMPLOYEES i
ADDRESS OF CLAIMANT Vose Pastrana AUG 31 E3991
4986 Teakwood Drive
Oakley, CA 94561 f y
ADDRESS TO WHICH NOTICES SHOULD BE SENT:
Jose Pastrana
C/O Lair Offices of John Diaz Coker
525 Marina Boulevard.
Pittsburg, CA 94555
DAVE, PLACE AND CIRC-124STANCES OF OCCURRENCE:
On or about February 1999 Claimant was seated in a chair in
his 'Living room watching television when he noticed lights flashing
around outside his house. He had just risen from the chair to go
to the door to see what was happening, when four to five Deputies
With the Contra Costa Sheriff' s Department carne streaming into the
house. These officers were dressed in black jackets with the word.
"SHERIFF " printed across the back, and had their weapons drawn.
Claimant asked what was going on. An officer, whose name is
presently unknown, responded that, they had a search warrant to
search the house. Claimant asked to see the warrant, but this
unknown officer responded that he didn' t have it with hire - he had
left in the car.
Suddenly, another unknown Deputy crabbed Claimant from behind
in a kind of bear hug, yelling "You're under arrest Shawn
Pastrana.. " Claimant responded that he wasn' t Shawn Pastrana, but
the Deputy who had grabbed him argued that he was. One of the
other Deputies then said 'Itaat' s not Shawn, that' s his father. "
The Deputy holding Claimant let go at this point and; stood nearby.
Claimant again asked to see a search warrant, and declined to
permit a search unless one was present . One of the officers then
said "we' re looking for Shawn Pastrana - he' s on parole. " This
officer asked where Shawn was . Claimant responded that he did not
have to respond to these questions under these circumstances.
Claimant also noted the absence oL' a parole officer,, so that this
could not be a "parole search" as asserted by the officers.
At this port an officer (Claimant believes it may have been
t be sage one who had grabbed him earlier) grabbed him from behind
again, this time by the arms, and threw Claimant to the ground.
Claimant hit his head on the edge of a coffee table.' Claimant was
stunned by the blow and lost consciousness very briefly. Several
1 ',
officers than jumped on Claimant and handcuffed dim. He was
thereafter was picked up by the handcuffs and thrown onto the
couch. Claimant told these officers that they had nes right to act
in this manner in his house. one of the officers responded "I can
do whatever I went to do. ''
During this incident, Claimant' s wife returned, hone from a
trip to the store. She walked into the house and. saw :.ger husband
being thrown to the ground and striking his head on tate coffee
table . She objected to this manhandling, and another Deputy told
her that she'd "better keep your mouth shut or I' ll put you in
jail too. " Claimant's wife was pregnant at the time . Claimant' s
wife got on the phone to call Claimant' s attorney, but one of the
officers pulled the phone card, stopping the Call.
Claimant was arrested for "resisting arrest, " and taken to
jail . He posted $3, 000 .00 bail and was thereafter released. On
the way to the ,jail., the officer driving the transport :snit was
speeding, sometimes in excess of 80 mph, on very wet roads, placing
Claimant in unnecessary danger, and manner designed to frighten.
Claimant .
PARTIES RESPONSIBLE: The County of Contra. Costa and agents and
employees of the County of Contra Costa.
AMOUNT OF CLAIM: $500, 000. 00 against County of Contra Costa and
its agents and employees; ;500, 000 . 00 in
punitive damages against the unknown
individual agents/employees of the County of
Contra Costa.
GENERAL BESCRIPTIOg Or INJURIES ANO BASIS OF COMPUTATION OF
DXV-1AGES
Compensatory damages are based on anxiety, nervousness,
embarrassment, humiliation., vexation and distress caused by the
conduct of the agents and employees of Contra Costa Counter.
Compensatory damages are also based on the personal injuries
sustained by Claimant; upon the medical and related expense
incurred by or on behalf of Claimant; upon lost wages and
diminution of earning capacity by Claimant; and upon the pain and
suffering experienced by each Claimant, together with other damage
not known or undetermined at the present time.
Compensatory damages are further based on the deprivation of
Claimant' s civil and constitutional rights arising out of both the
Federal and California Constitutions and both Federal and
California Civil Rights statutes, including, but not limited to the
right to be free from unreasonable search and seizure, the right
to due process, and the right to Reseal protection of the laws .
2
Punitive damages are based on the outrageous and intentional
conduct of agents and employees of the County of Contra Costa,
which amounted to malice, fraud and oppression within the meaning
of California Civil Code Section 3294, all of which where based on
improper motivation, including, but not limited to racial
discrimination on due to Claimant' s ethnic heritage.
Dated: August 30, 1999 .
i
Groh D Aia Tz L oAK
Ir
At orrey forkaima.n.t
7
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