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MINUTES - 11021999 - C8-C11
CLAIM B OF S_ME b� F LQn�A COTd►rn�MMI A'f EQENiA BOARD AOO 0 1 2, 1999 Claim Against the County, or District Governed by 1 the Board of Supervisors, Routing Endorunnts, } NOTICE TO CLAIMANT and Board Action. All Section references we to } The copy of this docurent mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV beloO, given pursuant to Goverment Code Section 913 and � Z3 ssu s. 815.4. Rease note all "Warnings". ;� < a AMOUNT: $22,242.66 CLAIMANT: Paula J. Davis Cr�� ' ;e s AT`T`ORNEY: F. Anthony Edwards DATE RECEIVED: September 30, 1999 Attorney at Law ADDRESS: Siebel, Finta & Edwards BY DELfVERY TO CLERK ON: ..S.".tgjUbgr 30,.. 199 Attorneys at Law 1850 Mt. Diablo Blvd. , Ste 650 BY MAIL POSTMARKED: UW1d_-De1iverpd Walnut Creek CA 94596 L FROM: Clerk of the Board of Supervisors 7xk County Counsel Attached is a copy of the above-noted claim. PHIL BA HELOR, Cle k f Dated: September 30, 1999 By: Deputy < - " IL FROM County Counsel M. Clerk of the Board of Supe ors vf"illis 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. 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: -TA e. e,/d/m i s e/7/ 14 err Q jP4--1" a,-CA 3014L3t1 or` C,/a , 5 a^e ta--)�7"e' Dated: =y: -� "�X - IF Deputy County Counsel 33L FROft Clerk of the Board TO. County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV, BOARD ORDE3t: By unanimous vote of the Supervisors present: { } Ibis Claim is rejected in fall. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: C(J� r / PHIL BATCHELOR. Clerk, By � Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only sic (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. 1f you want to consult an attorney, you should do so immediately. 'For Additional Warning See Reverse Side of This Notice. AFMAM OF MAII.ING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, Califomim, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:� By: PHIL BATCHELOR By rte' Deputy Clerk C. cmmty Counsel County Administrator VICTt I J.WESTMAN DEPUTIES: PHILLIPS.ALTHOFF COUNTY COUNSEL JANICE L.AMENTA NORA G.BARLOW B.REBECCA BYRNES SILVANO B.MARCHESIANDR€A W.CASSIDY CH IEF ASSISTANT COUNTY COUNSEL C. 31�T,RA COSTA t �INTY MONIKA L.COOPER VICKIE L.DAWES 0FF1Ce0FTiE10-0,UN )COUNSEL MARKES.ESTIS SHARON L.ANDERSON MICHAEL D.PAR C�{3t�tSfT6AfSiAINi$TR IS3IV�UILpt ts; LILLIANT.FUJil ASSISTANT COUNTY COUNSEL R S tLOt3Ft DENNISC.GRAVES JANET L.HOLMES GREGORY C.HARVEY MAI4T"IIEZ t�ALIFGfiNCkti1229 K€vINTKERR BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL EDWARD V.LANE,SR. BEATRICE LIU MARY ANN MASON GAYLE MUGGLI PAUL R.MUNIZ VALERIE J.RANCHE OFFICE MANAGER STEVEN R RETTIG DAVID F SCHMIDT PHONE(925)335-7800 NOTICE OF UNTIMELINESS DIANA J.SILVER BARBARA N.SUTLIFFE FAX(925)646-7078 AS TO A PORTION OF THE CLAIM JACQUELINE Y.WOODS TO: F. Anthony Edwards Siebel, Finta & Edwards 1850 Mt. Diablo Blvd., Suite 650 Walnut Creek, California 94596 RE: Claim of Paula J. Davis Please Take Notice as Follows: In regards to the claim you submitted on September 30, 1999, portions of your claim are timely and portions are untimely. The portions of your claim prior to March 30, 1999 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2,because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to March 30, 1999 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action on the timely portions of the claims. Your only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. VICTOR J. WESTMAN COUNTY COUNSEL WMon-kikft�Coo�per Deputy County Counsel I:\TORT\RI SK-MGT\C LAIMS\UNTIMELY\Davis.W PD Page 1 CERTIFICATE OF SERVICE BY M-IL (C,C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) t declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: October 5, 1999,at Martinez,California. Monika L.Cooper cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 -Office of the County Counsel Contra Costa County 651 Pine Street, 9th Flour Phone: (925) 335-1800 Martinez, CA 94553 Fax: (925)646-1078 Date: September 30, 1999 To: Phil Batchelor, County Administrator Attn: Ann Cervelli, Deputy Clerk of the Board From: Victor J. Westmark; Counsel By: Vickie L. Davin, Deputy County Counsel Re: Claim by Paula Davis Please process this claim pursuant to the usual procedures. RE D SE's CLERK RCCA SEP-30-1999 08:48 P.02 SrnIBEL, FYNTA & EDwARDs ,- P A L.I.N1=L1AAB11I7Y PARTNERSHIP Phone(925)947-1600 ATTORNEYS AT LAW Fax(925)1347..1990 1850 M'T'.DIABLO BOULEVARD SUITE 650 WALN[Ti"CRE11K,CA 94596 E-m.31:«��>avl�bigplezKrc.00m _ E C E 0 W E 1 SEP 2 2 1999 cc��nc September Zi, i9g9 HOSPtM AWINISTRATION Contra Costa Regional Medical Center Administrative Offiices 2500 Alhambra Avenue tg Martinez,CA 94553 41 RE: Paula J. Davis Past Due LOAOVP Dear Mesdames: .closed phase find Administrative Claim submitted on behalf o1rPau)a r, Dalrjs for payment of her past due longevity pay. if your office is not the proper office with which to file this claim, kindly contact this office immediately to inform me of this fact. In the absence of receiving any information ftom you indicating that you are not the proper forum for this administrative claim, i will assume that the forum, venue and jurisdiction resides in your offices, Thank you very much for your ataicipated cooperation_ Sincerely, } f "° CEIVED ON's WARDS pAEtnlb7 Enclosure ccmedical.ctr SOAttt3 t?F BURS TRA C(3S�A Co- wet Pale:Lswyret"M�M.�tir�ala_Hu}+bell SEO--30-1995 08:48 P.03 1 F. Anthony Edwards,Esq_ SBN 181606 SEIDEL, PINTA& EDWARDS 2 1850 Mt, Diablo Boulevard, Suite 650 Walnut Creek, CA 94596 3 Telephone: 925-947-1600 Facsim&e: 925-947-1990 4 5 6 Attorneys for PAULA J. DAVIS 7 8 STATE OF CALIFORNIA 9 CauNTy OF CONTRA COSTA-ADMINISTRATfVE CLAIMS 10 11 12 In the Matter of PAULA J. DAVIS, 13 Administrative Claim pursuant to the California Case No. Tort Claims Act 14 15 16 PAULA J.DAVIS,by and through her attorney F.ANTHONY EDWARDS,hereby submits her 17 administrative claim pursuant to the California Tort Claims Act for damages, stated as£allows; 18 MAMARY OF FACTS 19 Mrs. Davis is a registered nurse employed at Contra Costa Regional Medial Center. Her date 20 of employment was April 8, 1979. Pursuant to the terms, agreement and conditions of her 21 employment, her employer was obligated to pay her two percent (2%)of her gross pay as additional 22 longevity pay,beginning on her loth year anniversary from the date of her hire_ Her employer failed i 23 to pay as required, and did not notify Mrs. Davis nor did she discover their failure to pay. 24 Thereafter, on the 15 year anniversary from her date of hire, her employer was obligated to 25 pay four percent(4%) of Mrs. Davis's gross revenue as additional longevity pay, until such a time that 26 she may retire. Her employer failed to pay as required, and slid not notify Mrs. Davis of their failure. 27 Pursuant to provisions of the Labor Code, wage payments may not be waived, changed or altered by 28 any collective bargaining agreement, and Mrs. Davis's union has not pursued her wage claim for her SEP-30-1 99 Oe:49 P.04 1 benefit. Mrs. Davis hereby makes this claim for her unpaid longevity pay, inclusive of interests that 2 are payable on both the two percent (2%) and the four percent (4%)longevity back pay. 3 L1ABELITY 4 A. Two Percent{2%}Lon&ty For Ten Years. 5 Mrs. Davis was hired on April 8, 1979. Her ten year anniversary date is therefore April 8, 6 1999. On that date, her average salary was$30.20 per hour, making her annual average base salary 7 $62,816. On this amount she should have been paid an additional 2% equal to $1,256.32. This 2% 8 longevity pay should have been paid for five years which is equal to $6,281,60. 9 E. Four Peroent f4%e Longevity After 15 Years. 10 Mrs. Daus should also have been paid an additional 4°/8 on her 15 year anniversary which I 1 would have been April, 1994. Again, her annual average base salary is $62,816, on which a longevity 12 pay of 4% should have been paid, equal to $2,512.64. This amount of yearly longevity pay should 13 have been paid from April 1994 to the present, for a total of$13,577.92. 14 Mrs. Davis did not become aware of the shortfall in her pay until she had her pay slips 15 reviewed by counsel on or about August 3, 1999, 16 DAMAGES 17 The total longevity pay for both the 2%and 4°10 additional pay equals $19,859.52 due and 18 payable. 19 To which Mrs. Davis applies the legal rate of interest of 12%for a total immediately due and 20 payable of$22,242.66. i 21 CONCLUSION 22 Mrs. Davis hereby petitions the County for payment of her longevity pay in the amount of 23 $22,242.66 as set forth herein pursuant to the terms and conditions of her employment and the 24 applicable law. 25 DATA?: SEPTEMBER 21 1999SE1BEL, INTA& E 26 ej 27 AN114PNY EDWbRDS Attorney for PAULYJ. DAVIS 28 2 SEP--30-1999 08:49 P.05 1 PROOF OF SER 117CE BY W IL (C.C.P. §§ 1013(a) 2015.5) 2 3 I declare that I am employed in the County of Contra.Costa, State of California, i am 4 over the age of 18 years and not a party to the within action. My business address is 1850 Mt. 5 Diablo Boulevard, Suite 650, Walnut Creek, California 94596. 6 On September 21, 1999, I served the foregoing document(s) described as: 7 ADNIINISTRATME CLAIM 8 on the interested parties in this action by as follows: 9 [ X ] BY MAII.,. I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Walnut Creek, California. 10 [ ] BY NF1X`I'DAY DELIVERY. I caused such envelope to be placed with 11 Federal Express for next clay delivery: 12 ( BY FACSIMILE. I caused the foregoing documents to be transmitted by facsimile to addressee and thereafter mauled to addressee. 13 14 Parties served are as follows: 15 CON'T`RA.COSTA REGIONAL MEDICAL CENTER ADM MSTRATWE OFFICES ` 16 2500 ALHANMRA AVENUE MARTINEZ, CA 94553 17 I declare under penalty of perjury under the laws of the State of California that the above 18 is true and correct. Executed this 21"day oItember 1999, at W ut Creek, California. 19 Zfl21 ddy L. Bass "'" 22 23 2,4 25 26 27 28 TOTAL P.@5 CLAIM BOARD 01 SUPERNISORS CSF a '"I`12A [STA CQUXM_' AT i ED NiA WARS Crim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. Aif Section references are to } The copy of tis document r4led to you is your Wfornia Govermlent Codes. q notice of the action taken on your claim by the } Board of Supervisors. (Paragraph IV below}, given pursuant to Goverment Code Section 913 and 915.4. Please note all 'Warnings". Z CALIF, AM0LTN r: Special Damages: undetermined; General Damages: Superior Court, unlimited Jurisdiction CLAIMANT: LISA HERNANDEZ ATTORNEY: c/o George Holland, Esq. DATE RECEIVED: September 28, 1999 Law Offices of George Holland ADDRESS: 1970 Broadway, Suite 900 BY DELIVERY TO CLERK ON: _+eml-ar 2R, 1 gc)g oakland CA 94612-2221 BY MAIL POSTMARKED: Seember 27 1999 Il. FROM: Clerk of the Beard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. September 29 1999 PHIL BA IAR, Clerk Se Dated: p 3 By: Deputy II. FROM: County Counsel 70 Clerk of the Board of Supervisor's € ) This claim complies substantially with Sections 910 and 910.2. ( r This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claire is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( , Other: Dated: ` By: t 'i� ! �2,__4 Deputy County Counsel III. FROM Clerk of the Board TQ County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDERU By unanimous vote of the Supervisors present: ( This Claim is rejected in full. (` )� Other. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated)kU, , PHIL BATCHELOR,, Clerk, By r Deputy Clerk WARNING (Gov. code secti 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 943.6. 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. AFFMAVTIF OF MA.IMG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today'I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant,, addressed to the claimant as shown above. Dated.,-)700, By: PHIL BATCHELOR By �... ' i! Deputy Clerk M. County Counsel County Administrator Claim. to: BOARil OF SUPERVISORS OF CONTRA COSTA CUUNTy INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the 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, mutat be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims mint be filed with the Clerk of the Hoard of Supervisors at its office in Roan 1066 County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. Is 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 } LISA HERNANDEZ ) _. } } Against the County of Centra Costa } {q t ,F. and,br CONTRA COSTA COUNTY SOCIAL SERVICES District) "ill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: SUPERIOR COURTUNLIMITED_, UNLINITEO JURISDICTION ...o.�......_..._..,........,.._..._o�._..- -......�.... �_...._.._�.,.o.._....L.ro..�.._ '......_..__..,_.._...._ ..._...._........_ 1. When did the damage or injury occur? (Give exact date and hour) April 12, 1999 ; 1.3 :203 p.m. ---------------- i - 2. Wheredidthedamage orinjury occur? (Include city and county) 151 Lines Pauling, Hercules, Contra Costa County, California 3. How did the damage�or�injuryWoccur? (Give full details; use extra paper if required) Public Safety Officer Chris Fiso without probable cause unjustifiably pinned my arms behind my back, pushed me through two doors causing 'me to fall on the street injuring my hip, shoulder, lower back and hLmd.liation and 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See attached. (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Deborah Milson and Chris Viso 6. What damage or injuries do you claim resulted? {Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Bruises and contusions, injured hip, shoulder, lower back, humiliation, embarrassment, extreme mental and emotional distress and defamation. I am pregnant and unborn —---------....._.---- -------_ _..___ __..-________ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Special Damages: Undetermined General Damages : Superior Court, Unlimited Jurisdiction - 8. Names and addresses of witnesses, doctors and� _�����r�_�_ �__������� hospitals. Contra Costa Regional Medical Center 2500 Alhambra Avenue Martinez, CA - 9. List the expenditures you made on account�ofthis accident ror� _________.._ injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by someerson on his behalf." Name and Address of Attorney GEORGE HOLLAND, ESQ. a LAW OFFICES OF GEORGE HOLLAND Signa.tKFe 1970 Broadway, Suite 900 Oakland, CA 94612-2221 158 Seaway Court Address Hercules , CA 94547 Telephone No. (510) 465-4100 Telephone No. (510) 724-8711 NOTICE Section 72 of the Penal. Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claire, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of .not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. .g /ryC (��+ (Y {^,t{y CASE Page 1 A/-G {,.;. 'C 1� :: ..LJ C`�IlTC 1I1M ...fix"YA t✓A�JG 4-42-99 1328 Narrative 454 H99-528 1 NOTIFICATION: Dispatched to 151 Linus Pauling regarding a possible assault. 2 3 INVESTIGATION: While responding to this detail I was advised by the dispatcher that 4 the responsible was a WMA and the caller was at the Shell Gas 5 Station. The dispatcher advised that the caller would be responding back to Linus Pauling. A 6 few seconds later I was advised that the Public Safety Officer was calling to report and unwanted 7 subject. 8 9 Upon my arrival I was contacted by HERNANDEZ who pulled up in her vehicle as I was getting 10 out of my patrol car. HERNANDEZ told me that she was in an interview with a social worker, 11 DARIA. HERNANDEZ admits that she was talking loud, but the workers were not treating her 12 with respect. As the interview went on an officer showed up and eventually asked her to leave. 13 As she was walking towards the doors, HERNANDEZ claims FISO pushed her. HERNANDEZ IG'� *-IUP-t_sL" a(L PX-4,t- h , cCs 6� �t� 14 stopped and told FISO that he had a chip on his shoulder. At this point HERNANDEZ says 15 FISO grabbed her by the arms and put them behind her back escorted her out of the building. 16 HERNANDEZ was complaining of a strain to her shoulder and said she was going to the 17 hospital to get checked out. 18 19 I spoke with FISO and he told me the following: HERNANDEZ was in an interview with 20 DAR.IA in interview both number 3. HERNANDEZ started to get loud and a worker in another 21 both called him over to the interview area. FISO stood by because the DARIA thought she could 22 calm.HERNANDEZ down. HERNANDEZ continued to get louder and louder and finally 23 another worker came over to him. This worker WILSON told FISO she could not conduct 24 business with her client because of HERNANDEZ. At this point DARIA terminated the T. Herbert#454 4/13/99 Page 2 CARTE =d ,TIME T -TYC3E ,C7FrCCERlL7 r' r •CASE i 4-42-99 1328 Narrative 454 H99-528 1 interview as FISO told HERNANDEZ she had to leave. FISO told HERNANDEZ she could 2 return tomorrow when she is not angry and could conduct herself in more calM manor. FISO r p v�cieli ��a�s M4",Lr(ct -----tz) y_ �e 3 said HEPLNI ANDS gathered up her papers and headed for the doors. When HERNANDEZ got 4 to the doors she refused to leave. FISO asked her twice to leave and both times she refused. At 5 this point FISO pt HERNANDEZ in a bear hug and placed HERNANDEZ outside. When they 6 got outside FISO'S baton fell out of his holder. FISO recovered his baton and when back into 7 the building. 8 9 I spoke to DARIA and she told me the following: She was conducting an interview 10 HERNANDEZ. As the interview progressed DARIA asked HERNANDEZ how she has een ,,� 1 �41IL✓ /y1L M ,k i��'6L4.16 5-111 i, L?,ck I#--�' �'Lr 11 making ends meet.- TLS' question goVHEil AiMZ very angry and she started to yell. DARIA 12 thought she could complete the interview even though HERNANDEZ was an and her voice 13 was getting Iduder. DARIA terminated the interview when WILSON could no longer do her 14 business. 15 16 1 spoke to WILSON and she told me the following: WILSON was walking a client to the 17 interview area when she heard HERNANDEZ having and argument with DARIA. WILSON 18 stood next to the interview room DARIA was in as listened. After a short while WILSON asked 19 DARIA for some help. When they were away from HERNANDEZ, WILSON asked DARIA 20 why she doesn't terminate the interview. DARIA told her she thought she could complete the 21 interview. DARIA went back to the interview and WILSON went back to the interview area she 22 was in. WILSON then called FISO. Once he arrived and listened, WILSONadvised FISO that 23 she could no longer conduct her business with HERNANDEZ yelling so laud. 24 d.d.. p f' lYIE t.t?'1 :i`^k..ry a: at :-.n .:.� EtEVtEYY� II Yy T. Herbert#454 4/13/99 Page 3 DAA y,,..;_ , ' . •_C IME .; ;.. Y :, a x;TYPE _ OFFICE 2 t£1 3,CASE NO} ..a 4-42-99 1328 Narrative 454 H99-528 I WILSON watched FISO escort HERNANDEZ out of the building. As they were walking 2 towards the doors HERNANDEZ stopped suddenly and FISO accidentally bumped into her. 3 HERNANDEZ started yelling and FISC? grabbed her and escorted her out of the building. 4 5 DISPOSITION: Case Closed Information only. met -lip i! CEt"A +, W4C/IEWEEfB'!r^ � g y r? DATEq T. Herbert#454 4/13/99 - Hercules Police Department-0706 61,CASE NO. 03 PAGE NO. NAMENEHICLE SUPPLEMENTAL vk2'g Check box if any entries are on the LIST SU5PECTSISMECTS ON REVERSE SIDE reverse side of this form. CODE LEGEND: C-CONTACT OC-OtSCOVERED CRIME fP=INVOLVED PARTY O-OWNER P=PARENT RP-REPORTING PARTY V:VICTIM W-WITNESS 03.CODE 04.NAME-LAST,FIRST MIDDLE OR FIRM NAME 05.RACE-SEX JUS.DATECFBIRTH AGE 107,DUST OR OTHER I.O. 08,RESIDENCE ADDRESS 09.RES/MESSAGE PHONE 10.OCCUPATION 11.B-US114ESSACORESS 12 BUSINESS PHCNE SO(. A L 1_AJk-(_.t_ttt awl t.c r t %IJ 13.CCDE [4..NAME-LAST,FIRST MIDDLE CR FiPM NAME 1 S.RACE-SIX 18.LATE OF BIRTH AGE 17.DUST OR OTHER LD. 18.RESIDENCE ADDRESS 19.RES/MESSAGE PHONE 20,CCCUPAnCN 21.BUSINESS ADDRESS 22 BUSINESS PHONE 23.CCDE 24.NAME-LAST,FIRST MIDDLE OR FIRM NAME 25.RACE-SEX 28.DATE OF BIRTH AGE 27.DUST OR OTHER I.D. 28.RESIDENCE ADDRESS 29.RES/MESSAGE PHONE 30,OCCUPATION 31.BUSINESS ADDRESS 32.BUSINESS PHONE 31CODE 34.NAME-LAST,FIRST MIDDLE OR FIRM NAME 35.RACE-SEX 136.DATEOFBIRTH AGE 37.DUST OR OTHER 1.0. Lid fes„ 38.RESIDENCE ADDRESS 39.RES/MESSAGE PHONE 40.OCCUPATION 41.BUSINESS ADDRESS 42 BUSINESS PHONE f 43,CODE 144.NAME-LAST,FIRST MIDDLE OR FIRM NAME 45.RACE-SEX 46.DATE CF BIRTH AGE 47.DUST OR OTHER I.D. 48.RESIDENCE ADDRESS 49.RESWESSAGE PHONE 50.OCCUPATION 151.BUSINESS ADDRESS 1 S2-BUSINESS PHONE 53.CODE S4.NAME-LAST,FIRST MIDDLE OR FIRM NAME 55.RACE-SEX 156.OATEOPSIRTH AGE57.OUST OR OTHER I.D. I 58.RESIDENCE ADDRESS 59.RESIMESSAGE PHONE 60.OCCUPATION 81.BUSINESS ADDRESS 82 BUSINESS PHONE 63.CCCE 184.NAME-LAS-T%FIRST MIDDLE OR FIRM NAME 65.RACE-SEX 166.DATE OF BIRTH AGE 67.DUST OR OTHER I.D. 68.RESIDENCE ADDRESS 89.RES/MESSAGE PHONE 70.OCCUPATION 71.BUSINESS ADDRESS 72 BUSINESS PHONE 73.COn 74.STATE 175,LICENSE PLATE OR VAN NO. 76.COLOR 77.YR. 178.MAKE 179.MODEL 80.BCCY 81.AD01rCNAL INFORMATION-DAMAGE,MARMNGS,ETC, 82.CHP 1807 YES ©NO N ttt 83.CODE 84.STATE 85.LICENSE PLATE OR VIN NO. 88.COLOR 87.YR. 88.MAKE 89.MODEL 90.BODY Q 91.ADDITIONAL INFORMATION-DAMAGE,MARKINGS,ETC. 92.CHP IW? 11 OYES [:]NO LU) 93.CODE 94.STATE[95.LICENSE PLATE OR VIN NO. 98.COLCR 97.YA. 98.MAKE 99.MCDEL 100.BODY E5 --- t Oi.AODITiO,NAL tNFORMA CON-DAMAGE,MARKINGS,ETC. 102.CHP 1807 LU s . YES []NO > 103.CCD 104.ST. 105.UCENSE PLATE OR VIN NO. 108.COLOR i07.YR. 108.MAKE 109.MODEL 110.BODY 1 i 1.ADDITIONAL INFORMATiCN-DAMAGE_,MARKINGS,ETC. 112.CHP 1807 YES 0 NO REQ G OFFICER 31.0.NO. DATE TYPED BY REVIEWED BY 3 I.D.NO. DATE u ,ny e4t.6 +1 CRIMEIINCIDENT REPORT• HERCULES POLICE DEPARTMENT-CA0070E0 HEA!IJLES POLICE DEPT. 01•DOMESTIC VIOLENCE CLASSIFICATION 02 CASE NO. 03.EVENT NO. 04.PAGE NO. 111 civic OR. VERBAL PHYSICAL PHY5ICALIWEAPC7N 011 HERCULES,-CA 8260 94547 799E (510) 05.INCIDENT CLASSIFICATION 06.X-REFERENCE CASE# 07.CHECK BOX IF YES FAX(5 10)759.82$1 j f7l ELDER ABUSE E]GANG RELATED O HATE CRIME 1:1 ADDITIONAL NAME&VEHICLES ATTACHED 08.CODE SECTION 09.CRIME 10.CLASSIFICATION Lu 1 I.CODE SECTION 12 CRIME 13.CLASSIFICATION CC 14.CODE SECTION 15.CRIME i 16.CLASSIFICATION []CIVIL []FIRE COVER INVESTIGATION 7 W&I 5150-72 HR.DETAINMENT ❑FAMILY DISTURBANCE FOUND PROPERTY OUTSIDE ASSISTANCE OTHER: KA t FIELD INTERVIEW LOST PROPERTY �j SUSPICIOUS CIRCUMSTANCE719�OATE i' a P - 17.LOCATION 18.BEAT 20.TIME 7�DAY I5t t_1 �� aJt,I>� c �c,✓c�s C.w `34r5� t 13',b 25,F{RM NAME RT LOCATtON(SF APPLICABLE) 28.DATE APT D 27.TSMERPT O 23.TIME� CODE LEGEND: C-CONTACT OC-DISCOVERED CRIME IP=}NVOLVED PARTY O=OWNER P-PARENT AP-REPORTING PARTY V-VICTIM W-WITNESS 28. DE j29gE-LAST,FIRST MIDDLE OR FIRM NAME 30.RACEiSEX 31.DATE OF 131 ATH AGE '32.OUST OR OTHER I.D. 5 33.RESIDENCE ADDRESS 34.RES/MESSAGE PHONE X OCCUPATION 36.BUSINESS ADDRESS r 37.BUSINESS PHONE L1�64.1, 5a�!' t��'c ,, C!ta� SC=��1cC�� t51 L,,,- 64. r �1..Z-i-7JCn 36.CCOE .NAME-LAST,FIRST MIDDLE OR FIRM NAME 40.RACESEX 41.DATE OF BIRTH AGE t42.OUST OR OTHER I.D. I L 43.RESIDENCE ADDRESS 44.RESlMESSAGE PHONE w _ ! ` c-c ��t ;�• '�a S Grp �1� , r �-1q -711 4.5.OCCUPATION I48.BUSINESS ADDRESS 147.BUSINESS PHONE 48.CODE 149.NAME-LAST,FIRST MIDDLE OR FIRM NAME 50,RACEISEC 5i.DATE OF BIRTH AGE 52 DUS i OR OTHER 1.0. t,t.) fi•21 I�. rL`sri:F, Y +" Z"1 tt- { -- 53.RESIDENCE ADDRESS 54.RES/MESSAGE PHONE IDDu LzYz. Cr-. �!' �`r' '2L'17- "7S Z,. 58.OCCUPATION 56.BUSINESS ADDRESS (� 57.BUSINESS 21� PHONE ,.1 A t,.- Z,t '(��(„t Jf�r'v1`` .J 1✓ `t 4 �.r ' l `1 CODE LEGEND: S=SUSPECT SUB-SUBJECT MP.MISSING PERSON 58.CODE 59,NAME AST,FIRST MIDDLE W.AKA 61.RESIDENCE ADDRESS 62.RES/MESSAGE PHONE 83.RACE/SEX 164.DATE OF B =AGEHEIGHTATH 67.WEIGHT 68.HAIR 69.EYES 70.DUSTATE OR OTHER 3.G. 71-ARREST NO. 72.ADDITIONAL INFORMATION-CLOTHING,SCARS.MARKS,TATTOOS,ETC. 1711 ARRESTED? 7a.CODE ;75.NAME-LAST,FIRST MIDDLEDYES []NO 76.AICA RESIDENCE ADDRESS 78.RESIMESSAGE PHONE 79.RACE SEX S0.DATE OF BIRTH 81.AGE &Z HEIGHT 89.WEIGHT 184,HAIR $5.EYES 188, OUSTATE OR OTHER I.D. 87.ARREST NO. 68.ADOITiCNAL INFORMATION-CLOTHING,SCARS,MARKS,TATTOOS,ETC. 69.ARRESTED? YES 7NO 90.PROPERTY LOSS REPORT 91.STOLEN/LtOST 94.COPIES TO: 95.CASE DISPOSITION: [�REPORT ATTACHED OP,D,: CLOSED BY ARREST 0CLOSED-N.FA. REPORT PENDINGING 9I RECOVERED OTHER: CLOSED-NO PROSECUTION SUSPEND/INACTIVE ,�-�{ r2fN0 LOSS93.DAMAGE ESTIMATEOTHER: CLOSED TO pA.'S OFFICE `PENDING OTHER: 96.CASE ROUTING: C2fOC.IZ TO Y.S.O. REPORTING OFFICER&4.0.NO. 98.DATE 99.TYPED BY J100.REVIEWED NO, 101.DATE CONTROLLED DOCUMENT- ICOR OFFICI USE ONLY 1 PROOF OF SERVICE CCP. SECTIONS 1013x, 2015.5 2 3 I am a citizen of the United States and employed in the County 4 of Alameda; I am over the age of eighteen years and not a party to the 5 within action; my business address is 1970 Broadway, 9th Floor, 6 Oakland, California, 94612-2211 . 7 On September 27, 1999, 1 served a copy of the attached: $ CLAIM AGAINST CONTRA COSTA COUNTY SOCIAL SERVICES 9 —K by placing said copy in a sealed envelope with postage thereon fully prepaid, following ordinary business 10 practices, said correspondence to be , deposited with the United States Postal Service, that same day in the ordinary 11 course of business, at Oakland, California addressed as set forth below. 12 by personally delivering a true copy thereof to the 13 person(s) at the address (es) as set forth below. 14 by sending a copy to Facsimile number to the person at the address (es) as set forth below. 15 by placing said copy in a sealed envelope, in the area 16 designated for overnight, express mail, pick-up, addressed as set forth below. 17 CLERK OF THE BOARD OF SUPERVISORS 18 COUNTY ADMINISTRATION BUILDING, ROOM 106 651 PINE STREET 19 MARTINEZ, CA 94553 20 I declare under penalty of perjury under the laws of the State 21 of California that the foregoing is true and correct . 22 Dated: September 27, 1999 23 . t �;y 24 Quatia McNa k 25 26 27 28 Claim of Lisa Hernandez 4. The county and its employees had a special relationship with claimant. Deborah Wilson directed Chris Fiso to remove the claimant from the social services building. Claimant was assaulted,battered, falsely imprisoned and defamed by Mr. Fiso and Ms. Wilson(See police report attached and incorporated herein). In addition,to the forementioned the county and its employees are guilty of negligence, intentional infliction of emotional distress,and violation of civil rights under state and federal law. 1 tA x ° 1 CLAIM IRQARD OF SIMERVISORS OF COMA MSTA Qu=, cazO 1 aA BOARD AC'na ER , 1999 Crim Against the County, or District Governed by l the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this dorurroent railed to you is your California Gwerzmnt Cozies. of the action taken on your claim by the tai a 0 7 j Board of Supervisors. (Paragraph IV beIowl, given 5 pursuant to Government Code Section 913 and SEP 3 3 915.4. Please nate all "Warnings". AMOUNT: $400,000-00 2 s T''IN. CLAIMANT: Michael Sonnemann, A Minor, by and through Thomas Sonnemann, his Father and Guardian and Thomas Sonnemann, Individually ATTORNEY: DATE RECE1VED: September 30, 1999 ADDRESS: 612 Rock Island Circle BY DELIVERY TO CLERK ON: Septojber 30, 1999 Danville CA 94526 BY MAIL POSTMARKED: Hand.-Delivered IL FROM: Clerk of the Board of Supervisors TQ County Counsel Attached is a copy of the above-noted claim. Dated: September 30, 1999 By. PHIL B R► C1erl �,,P. , uty IL FR INL County Counsel TU: Clerk of the Board of Supe sors ( This claim complies substantially with Sections 910 and 910.2. ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely fled. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated:— ' ` _Deputy County Counsel 13L FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV. BOARD ORDER: By unanimous vote of the Supervisors present: ( ) This Claim is rejected in full. ` ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: C1 / PHIL BATCHELOR, Clerk, By Jr ' Deputy Clerk WARMING (Gov. code sectio 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See 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. AFMA"VIT OF MAI JNU I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:r)iU/-/. � ,22 By: PHIL BATCHELOR By J�O "puty Clerk CC: C*=ty co sel County Administmior Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIQNS TO+CLAtMAN A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code§911.2. } B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Fine Street,Martinez,CA 94.553. 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: CIaim by / 1445510,1-G.. Reserved for Clerk's Filing Stamp ,,VIS .;;4,7,,1A,< 1`<5i)~1,4 1 Against the County of Contra Costa or Y 3 .F € District) (Fill in Name) The undersigned claims t hereby makes claim against the County of Contra Costa or the above named District in the sum of S 00.1010 and in support of this claim represents as follows: 1. When did the damage or injury occur" (Give exact Date and Hour) --- '. /�__ _ _CyY ------_ .; -t-------------------------------------------- 2. Where did the damage or Injury occur' (Inciu a city and county) JWP W' 9 4 s IYAA7-Z A4//„ x_ 3. Flow did the damage or injury occur? Give fiA detaft me extra paper if r uired) Y'041r' . .Af14*,4,C4— J"-� � J/ _C ,-T ,0,91,el,G721,Alls 4xv o "r`.!i'PgAj C✓. ------------------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? (Over) 5. What are the names of county or district officers,servants,or employees causing the damage or injury' ------------------------------------------------------------------------------------- s What damages or injuries do you claim resulted' (Give full esttent of injuries or damages claimed. Attach tw�oj estimates for auto damage.� ` 4 /�+��1� ,J"•+'rivt�ay�.r+" /'�.«�,,.Yl.�.ri'�� �� 5► t�1c�C/�✓e5► 4 +v' „+_ 4o-C S d<.1 `ic /31,W '-rV 'f'd r4.t T :�r t .W4AI ,V$ 771/� /S 0�- ►J' +✓-----_- -------_--_ --------------------------- ------------------ 7. How was the above claimed amount computel? (Include the estimated amount f any-prospective injury or damage.) e-44/A'1 may' �'�'t✓9�- 44<x- 'rev . s /we-. c�a a• V,,+=v*-rj 0 AJ 614 t -Axr-d J i� � r Y' .ACS "7' 1�`�i''�j15jiJ�-�'Tf "o/t, �� — t,3r1�►dGw "j" TH,S. "�`IM�, - K-- �dZ-L=7Tb.!----------------------------------------------- 8. Nantes and addresses of witnesses,doctors,and hospitals. --------------------------------------------------------------------------------- 9. List the expenditures you shade on account of this accident or injury: DATE ITEM AMOUNT x * a * * * * �tz �r * arr * * nre * �t rtxx * * xa .tx Gov. Code Sec 910.2 provides: "The claim must be signed by the claimant SENT? NOTICES TO: (Attorney) or by some person on his behalf.." Name and Address of Attorney (Claimant's Signature) z:�,/Z low /S44i1�f (Address Telephone No. Telephone No.cqz!5'-� j r l .NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district board or officer,authorized to allow or pay the sante if genuine,any false or fraudulent claim,bill, account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars (51,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars{510,000), or by both i imprisonment and fine- Claim by Michael Sonnemann & Thomas Sonnemann Item 8 : Witnesses Joe Scalisi 6150 El Cajon Blvd. San Diego, CA 92115 Erin Ballou 86 Laurel Drive Danville, CA 94526 Andrew Sonnemann 512 Rock Island Circle Danville, CA 94526 Dan McHale Danville Youth Services Director ( 925) 820-2444 Doctor & Hospital Dr. George Mollett Kaiser Permanente 1425 S. Main St. Walnut Creek, CA 94596 APPLICATIONS TO FILE LATE CLAIM NOVEMER 2, 1999 BOARD OF SUPERVISOR S OF CONTRA COSTA 00MM CALIFORNIA MAWACTION Applioatirsn to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this documenE malM to you is your Endorsements, and Board Action.) notice of the action taken on your application by {All Section References are to the Board of Supervisors ('Paragraph III, below), California Government Code.) ) given pursuant to Goverment Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: GARY LLOYD Attorneys c/o Joseph Scanlon Law Offices of Joseph Scanlon Address 165 Santa Clara Avenue Oakland CA 94610 Amounts By delivery to Clerk on September 29, 1999 Date Received: By mail, postmarked on Hanel-Delivered I. FROM: Clerk of the Board of Supervisors TOs County Counsel Attached is a copy of the above noted Application to File Late Claim. DATE}a 5eptember JQ, 1920M BATCHELOR, Clerk, icyn i,,r puty 1. FROM: County Counsel TOY Clerk of the Board of Supervisors { ) The Board should grant this Application to File Late Claim (Section 911.6). { The Hoard should deny this Application to File Late Claim (Section 911.6). DATED: ;t'✓'`' VICTOR i r"i'NW, County Counsel, Hyl Deputy I. WARD ORDER Hy unan mous vote of Supervisors present (Check one only) { ) This Application is granted (Section 911.6). tie) This Application to File Late Claim is denied (Section 911.6). 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: � PHIL BATCH OR, Clerk, By Deputy WARtF'Tt+FG (Gov. Code 1911.8) If you wish to file a court action on this matter, you not first petition the appropriate court for an order relieving you from the provisions of Govarryment Code Section 945.4 (claims presentation requiresment). See Goverment Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You way seek the advise of any attor r ay of your choice in oonneetion with this matter. If you want to consult an attorrsasYou should do so immediate) . V. FROM: Clark o TO: oun y uns County AdminisEraEor Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29TC3. DATED: CJ PHIL BATCHELOR, Clerk, $y Deputy V. "RtJNis (11 MWEy Counsel 2 County Admini ra or TOs Clerk of the Boar Received copies of this Application and Hoard Order. of Supervisors DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100`h day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code§911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Cede Sec. 72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp GARY LLOYD ) Against the County of Contra Costa or District) (Fill in Name) The undersigned claigtnt hereby makes claim against the County of Contra Costa or the above named District in the sum of SIEE BELOiind in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Date and Hour) At about. 12: 00 p.m. , on October 4 , 1998 (for facts ertaining to delayed accrual of claimant' s. cause of action, see attached. ------------------------------------------------------------------------------------- 2. Where did the damage or injury occur? (include City and County) At a street drain on the north side of Rudgear Road, a few feet west of its intersection with Bishop Lane,_ in_what- is-believed_to _be_ Walnut Creek, 3. How did the damage or injury occur? a(Give full details;use extra paper if required} ------ ---_r - - _r --California.-California. Claimant' s bicycle tire fell between the bars of a street drain grate, causing, him to suffer bodily injuries. ------------------------------- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? See attached. ((�Over) ** Claimant claims an unknown amount in excess of $10 ,A , and in excess of $25 ,000 (and within the jurisdiction of the Superior Court) . 5. What are the names of county or district officers,servants,or employees causing the damage or injury? Unknown 6. What damages or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Fractures of the right, major hand and the left fourth and fifth fingers, with surgery on each finger; claimant has incurred medical expenses and wage loss in amounts not yet calculated, as well as- ge4neral damages : 7- How was the above claimed amount computed? (Include the estimated amount of any prospective injury or damage.) Based upon my attorney' s experience as a personal injury specialist. S. Names-and addresses of witnesses,doctors,and hospitals. Other than myself, I am not aware of the names of any witnesses to the subject accident. My treatment was with Kaiser. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: Discovery continuing. DATE ITEM AMOUNT � �e do Yc ie 4e dh Yr * 4c is R R 9c R ie oti de is �Y �k it yt ek aY S 9e �k �c R ek 9t ie * Mr �t ae s't ie 3e ie * Ye # �t fe �k ie ;k sk fe � * ik s! Gov. Code Sec. 910.2 provides. "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney JOSEPH SCANLON Law Offices of Joseph Scanlon 166 Santa Clara Avenue At?6y;Santa f ( ai t-s-Sfgn M,-) GARY LLOYD Oakland, CA 94610 C ara Avenue (Address) Oakland, CA 94610 Telephone No. (510) 658-2500 Telephone No. (510)_ 658-2500 NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county, city or district board or officer,authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. I ATTACHMENT i I 2 1. Accrual of this claim did not take place until less than six months from the date of the presentation 3 � 41E of this claim. This situation arose within the last six 3 ' 5 months and after Claimant, GARY LLOYD, consulted with �E g counsel and received input from a consulting engineer as to E Ei 7j3 an assessment as to whether there was a negligent cause of 8the damages and injuries suffered by Claimant. Specifi- 9 '1 cally, Claimant and his counsel learned for the first time 10 E less than six months prior to the date of presentation of 11 11 this claim that the selection, placing and maintaining of, ? E 12 and the failure to replace or remedy, or cause to be 13 replaced or remedied, the grate involved in the subject 14 accident constituted negligence, because the grate was 15 defective and fell below the standard of care insofar as it 161 was not made 'bicycle-proof, ' that is, it did not prevent i 17 ! Claimant's bicycle tire from slipping between the bars of •3 i 18 l' the grate as he rode his bicycle along the street, which i 191 defect caused him to fall and suffer serious bodily 1 E� 20 injuries. Said grate should have been protected from such a 21 mishap by the addition of 'waffling, ' 'strapping, ' or by 22 some other reasonable means. 11 23 i; 4 . CONTRA COSTA COUNTY (California] is charged I 241) with the following acts and omissions: the negligent { E i 25selection, placing, and maintaining of the grate involved in E E I 26 the subject accident over the subject street drain; the 27 negligent failure to replace or remedy, or caused to be 28 { replaced or remedied, the grate involved in the subject LAW OFFICES OF JOSEPH SCANLON i{ 166 SANTA CLARA AVENUE { OAKLAND,CA 94610 (5 i 0)658-2500 i E' accident; and the failure to warn Claimant llE prior to the 2 subject accident of said hazard, or to otherwise protect him 3 from it. Said grate was defective and fell below the I 4 standard of care insofar as it was not made 'bicycle-proof, ' E that is it did not 5prevent Claimant's bicycle fire from ; 6 slipping between the bars of the grate as he rode his 7 bicycle along the street, which defect caused him to fall E 8 3 and suffer serious bodily injuries. Said grate should have mishap b protected rotected from such a mi 9 p Y the addition of 10 'waffling, ' 'strapping, ' or by some other reasonable means. E 11 k i E 12 13 14 151 16 „ 17 18 E 191 20 211 i 22 �' 'i 23 ? e ;, 24 � E 25 26 27 28 Aw OFPfCE3 0F JOSEPH SCANLON l 186 SANTA CLARA AVENUE i J OAKLAND,CA 34810 I (510)858-2500 I� i 1 2 In the Matter of the ALTERNATIVE APPLICATION 3 Claim of GARY LLOYD FOR LEAVE TO PRESENT against CONTRA COSTA COUNTY LATE CLAIM 4 [California] [Gov. Code §911.4] 5 1 6 TO: CONTRA COSTA COUNTY [CALIFORNIA] : 7i1 Claimant GARY LLOYD presents the attached Claim on Ii $ its own merits, and asserts that it is timely presented 9 based upon delayed accrual of his obtaining knowledge that 10 there was a negligent cause to his accident and that 11 'l negligence on the part of CONTRA COSTA COUNTY [California] i 12 : and its agents and employees caused the accident and 13 j1 injuries which are the subject of the Claim, as further i 14 �� described therein. However, in the alternative, Claimant 1 ! 151 presents this Application pursuant to Mandjik v. Eden 16 ; Township Hospital Dist. (1992) 4 Cal.App.4th 1488, 1499 ; 17 Santee v. Santa Clara County Office of Education (1990) 220 18 ( Cal.App. 3d 702, 712 , fn. 6; Ngo v. County of Los Angeles 19 (1989) 207 Cal.App. 3d 946, 951-952 ; and Rason V. Santa 20Barbara City Housing Authority (1988) 201 Cal .App. 3d 817 21 `i 828 : t l , 22 1. Application is hereby made for leave to 23 , present a late claim under Section 911. 4 of the Government 2411 Code. The claim is founded on a cause of action for 25personal injuries which Claimant sustained on October 4, `1 1 26 `` 1998, and for which a claim arguably was not timely 27 presented. For additional circumstances relating to the 28 cause of action, reference is made to the claim to which LAW OFFICES OF JOSEPH SCANLON 166 SANTA CLARA AVENUE I OAKLAND.CA 94610 1�(5t0)656-260 I � I f f i 3 1 this Application is attached, and which is again presented 211 (in the alternative) as a proposed claim, and made a part i' 3 �� hereof. 3 2. The reason for the dela in 4 �, y presenting this 5il claim is the mistake, inadvertence, surprise, and excusable ; I I 6 neglect of the Claimant and/or an attorney whom he 7 I previously contacted, as is more particularly set forth in 81 the attached declarations. CONTRA COSTA COUNTY [California] gl was not prejudiced in the defense of the claim by the I i� 10 failure to file the claim in a timely manner, as shown by I; 11 '1 the attached declarations, which are made a part hereof. 12 3 . This application is presented within a 13 reasonable time after the accrual of the cause of action, as 14 shown by the declarations of GARY LLOYD and JOSEPH SCANLON I 15 attached hereto as Exhibits A and B, respectively, and made I; 1611 a part hereof. I Ii 17 (! 4 . WHEREFORE, it is respectfully requested that E � 18 this application be granted and that the attached claim be i 19 received and acted on in accordance with Sections 912. 4- 20 ' 912 .8 of the Government Code. 21 i� 22 i DATED: September 27, 1999 . f 23 i 24 ; JSEPVSCAN N torney or Claimant i 25 '1 GARY LLOYD `i 26 i 27 28 LAW OFFICES OF JO SEPW SCANLON 2 166 SANTA CLARA AVENUE 1 OAKLAND.CA 94610 (510)6582500 �t I i 2 In the Matter of the DECLARATION OF CLAIMANT 3 Claim of GARY LLOYD GARY LLOYD IN SUPPORT OF against CONTRA COSTA COUNTY ALTERNATIVE APPLICATION 4 [California] FOR LEAVE TO PRESENT / LATE CLAIM 5 � I 61,, I, GARY LLOYD, do hereby declare as follows that: '3 I 7 'i 1. On or about October 4, 1998, the subject 8j accident occurred while I was riding my bicycle along the 911 street near the northern curbline of Rudgear Road, at or I 10 near its intersection with Bishop Lane, in what I believe to 11 be Walnut Creek, California. 12 , 2 . The accident occurred when my bicycle tire 131 fell between the parallel bars of a street drain grate at 14H said location. As a result, I fell from my bicycle and �I 15H suffered injuries, as further described in the accompanying 16 €1 Claim. 17 3 . Since it was such an unusual accident, and �E i 18 since I have no training or background in the law, nor have 191 I ever worked in claims, I did not know what to make of my 201; accident as far as fault was concerned. I did not think 21 ' that the accident was My fault, but I had no idea that there i' 22 was anything about the grate that was negligent or below the f 23 standard of care. It was not until my attorney consulted 24with an engineer in September, 1999, that I had any basis 2513 for my present belief and assertion that the cause of my ! i 261 accident was attributable to public entity negligence. 1 27 `� 4 . I sought treatment for my accident-related 28 injuries with Kaiser Permanente, my health insurer. LAW OFFICeS OF E JOSEPH SCANLON 166 SANTA CLARA AVENUE j OAKLAND,CA 94610 Ej �1 I 1I Thereafter I received a series of approximately three ,3 2j! letters from Kaiser or its agent, under cover of which a 3 �f questionnaire was enclosed which asked whether I had brought ! !! i 43 a third party claim in connection with the subject accident. 5 After receiving the third such letter in about January, 1 I 6 1999, I became curious and discussed the matter with an f 7 acquaintance over coffee one day, who suggested that I $ , contact his attorney, which I did in January, 1999. I! 911 5. After hearing my description of my accident 10 j and injuries, the attorney indicated that he would get back 11 to me shortly (although I never actually hired him) . He did ! 12 not do so, and shortly thereafter I had another conversation 13 with the same acquaintance who had referred me to the 14 attorney. He offered to contact the attorney, and did so. I 151 Shortly thereafter he reported to me that the attorney was 16 not interested in my case. I was not told that my case was i 17 ; either valid or invalid, nor was I made aware of any claim- ! 18 filing requirement. I still did not realize that there was 19 a negligent cause to my accident. 201 6. Thereafter in June, 1999, my family law ! 211s attorney referred me to a personal injury specialist, i.e. , ` I 221' my present attorney, Joseph Scanlon. Within a few days, I I 23 contacted Mr. Scanlon and learned that he required an j 24 advance retainer of $1, 000 to begin work on the case. I 251; also understood that I could try to locate another attorney 26 that might take my case on a contingent fee basis, and that If 1 27 `€ it might be important to do so because of the possible need I ! , 28 for prompt action. However, despite several calls to LAW OFFICES OF JOSEPH SCANLON 2 186 SANTA CLAAA AVENUE OAKLAND,CA 94610 I(( i l� (51 O)668-2500 ff� 1 !! various attorneys, I could not locate one who was willing to 1' take my case on a contingent fee basis. 24 !I 3 # 7. 1 made and kept an appointment with Mr. 4I Scanlon on June 22, 1999, because I hoped to be able to 5 afford to retain him at that time. However, I was not able 6 to raise the retainer by the date of the appointment. 7 , Thereafter on July 13, 1999, I met again with Mr. Scanlon, ! 8j and paid him a $1,000 retainer. j 9H 8. On July 29, 1999, Mr. Scanlon returned my 10 'i retainer before leaving on vacation. I tried to find 11 ! another attorney to take the case, or at least investigate 12 it, either on a contingent fee basis or by being paid a 13 $1, 000 retainer. Despite placing several calls to various 141 attorneys, I was unable to locate one who would agree to 15H help me. Therefore when Mr. Scanlon returned from vacation ;1 16 ;= in mid-August, 1999, I returned the retainer fee check to 171 him. 18 1, 9. Prior to September 10, 1999, I had not 19 learned that the said grate fell below the standard of care, i 20 as described in greater detail in the accompanying Claim, i I 211 1 nor did I know that there was a negligent cause to my k 22 accident of October 4 , 1998 . 3 € 23H I declare under penalty of perjury that the above I 24 and foregoing is true and correct and that this declaration I 25 was executed on September 27, 1999, at Oakland, California. 26 i 27 ;! GA L D 1 2811i LAW OFFICES OF 4 JOSEPH SCANLON !I 3 156 SANTA CLARA AVENUE OAKLAND,CA 9481.0 II (550)658.2500 ii i� i 1 i9 i !i 2 In the Matter of the DECLARATION OF JOSEPH { 3I' Claim of GARY LLOYD SCANLON IN SUPPORT OF fi against CONTRA COSTA COUNTY ALTERNATIVE APPLICATION 4 !I [California] FOR LEAVE TO PRESENT I / LATE CLAIM 5i 6 I, JOSEPH SCANLON, do hereby declare as follows 7 that: i gi 1. I was first contacted concerning this matter off! by Claimant GARY LLOYD by telephone on June 8, 1999 . !I 1 ip ;; 2 . Although 2 have been actively engaged in the 11 practice of law for the past 25 years, and have specialized 12 in personal injury litigation since 1979, I have never had 13 another case involving a bicycle tire slipping between the 14 ' parallel bars of a street drain grate. Thus, I was not i 15aware until I consulted with an engineer on September 10, ! 161; 1999, that the subject grate fell below the standard of care ,i 17 j for street drain grates, as is more particularly described i ii 18 herein. { 19 3 . When I was first contacted by Claimant, I 3 20 ' knew that the subject accident occurred on October 4 , 1998. I� 2111 I also knew of the six-month claim filing requirement, i.e. , i 221 the requirement to present a claim against a public entity ii 2311 within six months of the date of the accrual of a cause of f i 24 action. At the time of initial contact with Claimant, I did 251 not know whether there was a negligent cause to his 26 '1 accident, much less just when any cause of action arising i� 2711 out of the accident might have accrued. Thus, I did not 28 -1 want to take the matter on on a contingent fee basis, but LAW OxPICES OP JOSEPH SCANLON 188 SANTA CLARA AVENUE f! f OAKLAND,CA 94810 4 (410)859-25001 1 1 1 1 I instead, required advance remittance of a $1, 000 retainer to 2 • prepare and submit, and to later petition the Court in it 3i' connection with, what I assumed would be an application for I 4i; leave to present late claim (said retainer including the 5 court filing fee) . Claimant made and kept an appointment intment !i 6i with me on June 22 , 1999, but did not remit payment of the i 7f retainer to me at that time. 8 ' 4 . I had prepared for three major trials that 9 had been set for June 7, 1999, June 21, 1999, and July 9, 10 1999. As it turned out, two of the three cases settled, and 11 ,E the other trial date was continued to November, but in all 1211 three cases, those dispositions did not occur until close to 131 the respective trial dates. Thus, for that reason and also 14 because I am a sole practitioner with a single secretary 15 I1 constituting my entire staff, a lot of my day-to-day work on i 16 I my various other cases, in which I had made prior commit- 17 meats, had fallen behind while I prepared the aforementioned 18 three cases for trial. Also, I had a long-planned vacation 1.911 on calendar from July 29, 1999, until August 16, 1999 . 2011 ; Thus, when Claimant did retain me on July 13 , 1999, I was so 'f 211H pressed for time between then and the date I was due to ii 22 !l depart on vacation, and so backed up on my other cases, that 23 I could not complete my work investigating his case to f I 24 determine whether we had probable cause to believe that 25 there was a negligent cause of his accident. I did, 26 ;1 however, conduct several hours' research concerning the 271; matter at the local law library, but I did not thereby learn 1 2$ 1 whether the subject grate fell below the standard of care. j LAW OFFICES Of I JOSEPH SCANLON i 795 SANTA CLARA AVENUE j t` OAKLAND,CA 94610 I (510)659-2500 I{(E (i 1 ! Also during that approximate two-week time period, I tried i( 2l3unsuccessfully to reach an accident reconstructionist with 3i whom I have consulted in other matters. He was said to be { 4 ! busy in court and in depositions, and we thus did not reach I !! one another prior to vacation. Therefore I returned � i; p y 5 ! Claimant's retainer fee check to him (which I had not even 7 had time to deposit) just before leaving on vacation. ! 8i, 5. Shortly after I returned from vacation in 9i mid-August, Claimant returned the retainer check to me. I ltd ` conducted some research into the law concerning whether it 11 was appropriate to file a claim versus an application for 12 ! leave to present a late claim, assuming that I was to find 13 !{ probable cause for presentingsuch a claim in the first is 14H place. Also, I renewed my attempts to reach my engineering 151 consultant, and ultimately did so in early September, 1993. 15 However, he advised me that he was not the right kind of 17 engineer for the question, but promised to confer with a 181j traffic engineer in his firm and get back to me. This he 1911• did on September 10, 1999, when he advised me that the I! 2011 traffic engineer had informed him that the subject grate 3 211 fell below the standard of care for street drain grates 2211 insofar as it was not made 'bicycle-proof, ' that is, that it E ! 23 !i did not prevent Claimant's bicycle tire from slipping 24 between the bars of the grate as he rode his bicycle along 25 ! the street. The consultant further advised that the grate 2511 should have been protected from such a mishap by the Ej 271 addition of 'waffling, ' 'strapping, ' or by some other I! 28 reasonable means. LAW OFFICES OF t JOSEPH SCANLON 3 766 SANTA CLARA AVENUE OAKLANZ,CA 04610 I (5703 666-2500 , ;i 1 6. September 10 having been a Friday, and my �� , 2 consultation with the engineer having occurred in the late i; iii afternoon of that day, I renewed my research into the �j 4 !, question of presenting a claim based on delayed accrual I! versus an application for leave to 5ii pp present a late claim the � 6 t following week.. I completed my research over the course of j 7 that week and on September 20, 1999, I contacted the various 8 ; public entities who could have, or might have, played a role 9 in causing the accident, i.e. , the State of California �j 10 i (since the accident site is very close to a freeway right- 1 11 I of-way, thus rendering it unclear who was responsible for 12 the grate) , the CONTRA COSTA COUNTY (since the COUNTY might 13 have placed the subject grate at the accident scene when the 14 land was either part of the COUNTY, or thereafter, based ; 151 upon some possible continuing maintenance responsibilities 16 in the area) , and the City of Walnut Creek (since according i; 17 E; to maps, the accident scene appears to lie within the 18 �`I I boundaries of that City) . I inquired of each of the 19 aforesaid entities whether they had a particular form that 20s they wanted claimants to use, and each of them responded in , 2111 the affirmative, promising to promptly mail their forms to 22E me. On September 27 , 1999, I received such a form from the 23 {i CONTRA COSTA COUNTY [California] . 24 25 ; 26 27 i 28Ef11 E4 LANA OFFICES OF �I JOSEPH SCANLON 166 SANTA CLARA AVENUE i OAKLAND,CA 94610 (510)658-2500 f i k 1 � I declare under penalty of perjury that the above i i and foregoing is true and correct and that this declaration was executed on September 27, 1999, at Oakland, California. s 4511I y�y ;jARY EPH ANLO , ESQ. 6 {itorney fo Claimant , LLOYD 7 8 i 9 101 11 12H 13 4 14 15 161 i 17 ! { i f 18 19 20 21 22 23 [4 i 24 2 26 27 ;:! I � 3f� /yLAW OFFICES O 28 F # t)SEFH SCANLON rs 18&SANTA CLARA AVENUE k OAKLANII,CA 84$50 it (5'.0)858-2500 ._.. _.. i TO BOARD OF SUPERVISORS FROM: Phil Bachelor, County Administrator Co, 1 DATE: November 2, 1999uos" SUBJECT: Final Settlement of Claim- Bennie Toole vs. Contra Costa County tt WCAB No. SFO 393151153 uOul I y SPECIFIC.REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning subject final settlement and payment from the Workers' Compensation Trust Fund in the amount of$40,000. BACKGROUND/REASONS FOR RECOMMENDATION: Robert J. Cavallero, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Bennie Toole vs. Contra Costa County. This Board's September 21, 1999 closed session vote was: Supervisors Canciamilla, Uilkema, Gioia, DeSaulnier and Gerber, yes. This action is taken so that terms of this final settlement and the earlier September 21, 1999 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: Y SIGNATURE: � RECOMMENDATION OF COUNTY ADMINISTRATOR MENDATIO F OARD COMMITTEE APPROVE t2 OTHER SIGNATURE(S): ACTION OF BOARD ON NOVEMBER 2, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD x UNANIMOUS (ABSENT III ) OF SUPERVISORS ON THE DATE SHOWN, AYES: NOES: ABSENT: ABSTAIN: ATTESTED NOVEMBER 2, 1999 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Tony Schleder--335-1411 cc: CAO Risk Management Auditor-Controller BY DEPUTY TO: BOARD OF SUPERVISORS FROM: Phil Batchelor, County Administrator , t r a h DATE: November 2, 1999 u0std SUBJECT: Final Settlement of Claim —Jeffrey Millman vs. Contra Costa CountyUOUIV-Ay WCAB No. WCK 5092,22156 & 31691 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive and affirm this report concerning settlement of subject workers' compensation lien. BACKGROUND/REASONS FOR RECOMMENDATION: David V. Costa, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling Contra Costa County's workers' compensation lien in the Jeffrey Millman claim. Contra Costa County has agreed to settle its workers' compensation lien for $32,500. This Board's September 28, 1999 closed session vote was: Supervisors Canciamilla, Uilkema, Gioia, DeSaulnier and Gerber, yes. This action is taken so that terms of this final settlement and the earlier',September 28, 1999 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: Y,i✓S SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE 1` APPROVE OTHER SIGNATURE(S): 4�zl ACTION OF BOARD ON NOVEMBER 2, 1999 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF III X UNANIMOUS (ABSENT ) OF SUPERVISORS ON THE DATE SHOWN. OARD AYES: NOES: ABSENT: ABSTAIN: ATTESTED NOVEMBER 2, 1999 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Tony Schleyder—335-1411 cc: CAO Risk Management Auditor-Controller BY DEPUTY THE BOAR© OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Order on November 2, 1999, by the following vote: AYES: Supervisors Gioia, Uilkema, Desaulnier and Caneiamilla NOES: None ABSENT: Supervisor Gerber ABSTAIN: None SUBJECT: Tolling Statute of Limitations on Claims by members of the Deputy Sheriffs' Association involving the Fair Labor Standards Act. This Board having previously approved tolling the statute of limitations on the members of the Deputy Sheriffs' Association claims for nine months; and The County Counsel having recommended that the Board of Supervisors agree to further extend the tolling of the statute of limitations to January 15,2000,pending settlement of the dispute; NOW, THEREFORE, it is by the Board ORDERED that: 1. The action of the County Counsel agreeing to toll the statute of limitation for filing suit under Fair Labor Standards Act regarding payment of non-sworn members under section 7(k) of the FLSA, delayed payments, and miscalculation of FLSA overtime compensation to January 15, 2000, is hereby ratified. 2. In the event of a settlement of the above-referenced dispute,the agreement to toll the statute of limitations may only be applicable to those members of the DSA who are bound by the settlement,provided however that the County Counsel is authorized to waive this requirement. I hereby certify that this is a true and correct copy of an action taken by the Board of Supervisors on the date shown. ATTESTED: ''` '' - , �Z`Z Phil Batchelor, Clerk of the Board of Supervisors and County Administrator r Bytom' , Deputy