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MINUTES - 11142000 - C20-C23
AGENDA DATE NOVEMBER 14, 2000 ITEM NO. C.20 BACKGROUND NOT AVAILABLE AT THE TIME AGENDA PACKET COMPILED INFORMATION FOR. THIS ITEM PREVIOUSLY FURNISHED ORAL REPORT TO BE GIVEN AT BOARD MEETING ERROR IN NUMBERING AGENDA ITEM x DELETED : DOCUMENTS ON FILE WITH CLERK. PUBLIC COMMENT DELETED AMENDED CLAIM OF LINDA MAROWSKY DATED OCTOBER 26, 200 for BOARD ACTION DATE 11-14-00. PER MONIKA COOPER, SHOULD NOT GO TO BOARD. r AMENDED CI..AM $t7A D OF UPEI VISt7R5 OFt7'\TR4 C S A Ci7iTT'wT'I'Y, CALIFOILNIA BOARD ACTION: NOVEMBER 14, tot Claim Against the County, or District Governed by 1 NOTICE TO CLAIMANT the Board of Supervisors, Routing Endorsements, 1 and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 515.4. Please note all "Warnings". AMOUNT: $100,000.00 CLAIMANT: LINDA MAROWSKY ATTORNEY: DATE RECEIVED: OCTOBER 26, 2000 ADDRESS: 408 DIABLO CREEK PLACE BY DELIVERY TO CLERK. ON: OCTOBER 2b, 2000 CIAYTON CA 94517 BY MAIL POSTMARKED: HAND-DELIVE M L ]PRONE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: OCTOBER 26, 2000 By: Deputy D. FRONt County Counsel TO: Clerk of the Board ofSupervisors { ) This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { } Other: Dated: By: Deputy County Counsel M. FROTH: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: { ) This Claim is rejected in full. { } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NL41 NG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator ref hou nab. 9 - t6coM, c e c>n1 i 01aim p(czcr�f�_ C U4kw- _L v f r 1 Claim to BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIQNS TO CLAIM�'T 5 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 10&dad• 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 atter January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 105, 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 trust be filed against each pubdc entity E. ErAuJ See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. rrrrrrr,rrrrrwwr*r�+�rsrtrr*r�rrrr*rrrrrsrrwrrrr+rarrsrrrsrrrrrrrtrrrrrs+►Mrrs+rrrrrrrr.r*rr*rrrs RE Claim By Reserved for Clerk's filing stamp > RE IVrrD Against the County of Contra Costa or } E P 2 5 2000 } .District) CLERK BOARD OF SUPERVf ORS (Fill in name) U CONTRA COSTA c0. The undersigned claimant hereby snakes claim against the County of Contra Costa or the above-named district is the sura of S tab,too© and in support of this claim represents as follows: CEIVIF" I. When did the damage or injury occur?(Give exact date and hour) API t3 , )...000 �►WP+ox 1t :oo , OCTA 20 CLCoUP RVISORS 2. Where did the damage or injury o=r?o=r?(Include city and county) m 0. :t4* Go_t-iA Cos`1a Go A,4y 1x8;e,,aL Md-tc,aL Ct,-Aef. 1-%0Lii1 vt a 2, 3. flow did the damage or injury occur?(Give full-details;use extra paper if required) See at c: d c cap vvt �, s u. e l!. art at u k;a °t a 1pk w 4. What particular act or omission on the part of county or district officers,servants,or employees caused the injury or damage"? S. What are the names of county or district officers, servants, or employees causing the damage or injury`' b. What damage or injuries do you claim resulted?Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or damage) oiwt,%t%%LL� 4o t of Ke B. Names and addresses of witnesses, doctors,and hospitals. L ""` 4 r t G,ra,dvt 9. List the expenditures you nude on account of this accident or injury. PAIE IDS AMOUNT Gov. Code Sec. 910.2 provides"The just be signed by the claim orrby som erson his be SEND N013CES TQ IAUQM Name and Address of Attorney Ll (Ciaima ignature) j �oY �tabto �'�t+ts.k l?�ct (Address) C9, Telephone No. Telephone No.__ 2 " . b 5 N=C E Section"n ofthe Penal garde pwltit: Every person who,with intent to dettauid,presents for allowance or the payment to any state board or officer.or to any oxmty,city,or district board or officer,wWwrimd to allow or pay the saw if gouine,any false or fraudulent claimu bill,account, marcher,or writing,is punishable either by imprisow nant in the aocinty jail for a period of aot more than me year.by a fire of wx exceeding one thousand(S1,0001 at by both tawb kvrisoornent and f me or by imprisonawa in the state prison,by a Bine of not exceeding tern thousand dollars(S10,000},or by both sucb irnprisoonwat and floe. W1111AM 6 ."VAI to K. M. 1).. � CON RA COSTA HIA.1H SkAVICV.D'Ok 100 FnAN�, I i't� J:N:. fit . FCiit1NA1. Ex[c1:r,vt o1ow")a MEDIC:ALCEN'H R Mir,1A. \fM!1% H;A,1P clklkt, CONTRA COSTA CONTRA COS1A H � A I.T �-tSERVICES H�;nl �-�i CEN-i�F Rs 1500 A'hA nbra Avtnue Martinez, (atlforn.a 94553.3199 Pts Mr))370 5000, May 17, 2DOQ 11th. Marowsky 408 Diablo Creek Plane Clayton, CA 94517 Dear Mr. Marowsky: Your complaint about your daughter's care while she was a patient on the psychiatric unit at CCRMC was referred to me for investigation. From a review of the record and a discussion with the family nurse practitioner, Dion Parks, who cared for your daughter, I compiled the following information. Your daughter slipped and fell in her bathroom on 4/13100. She had an x-ray the same day, which revealed a fracture of her 12'' thoracic vertebra. Can 4/14 Mr. Parks had a telephone consultation with Dr. S. Sussman, an orthopedic physician, who recommended that your daughter be seen in the back clinic on 4/21. an 4/15 your daughter was seen by Charles Harris M.D., the house officer on duty that day, who examined her and ordered pain medication. Mr. Parks had further telephone consultation with Dr. Boakes, another orthopedic physician, on 4/18. When discharged your daughter was scheduled to be seen in the back clinic on 4/21 by Dr. Lai. I hope this information addresses your concern about your daughter's care while on our unit. Sincerely, Frank Broucek M.D. Medical Director Inpatient Psychiatric Services cc. Gayle Balfour Frank Pugllsi JOEL ALLEN WEDDL,GTON, M.D. 411 Grand Avenue Onhopvdic Surgen- Oakland, CA 94610 May 17, 2000 Re: XAROWSKY, Linda DDI: 4-13-00 To Whom It May Concern: Linda Marowsky was seen by me in orthopedic consultation. This report is based on my interview and examination of the patient. HISTORY Linda Marows'ky is a 29-year-old woman who fell due to a slip in water on the floor while in a hospital clinic. She had been 51501d for mood swings associated with bipolar disorder. Eight days following that, due to constant pain, she was evaluated by a physician. X-rays were taken and showed a compression fracture of T12 . She was treated with Vicodin which she could not tolerate and then was put on Tylenol #3 . She was discharged on April 21 with a custom-fitted thoracic spinal orthosis. The patient corplains of constant pain exacerbated by prolonged sitting, bending or twisting and numbness in the legs that is episodic and goes down the outer and lateral aspects of both legs to the feet. Pertinent past history is Vicodin addiction and alcoholism. The patient is on Paxil and mood stabilizers for bipolar disorder. PlaSICAL EXAMINATION Examination reveals localized tenderness over the thoracolumbar spine midline with paraspinous muscle spasm bilaterally. Motion is not tested due to pain. Neurological of the lower extremities reveals 1+ reflexes bilaterally and normal motor strength in quadriceps and ankle flexors and extensors. There is no light touch diminishment. The patient is over weight and is wearing a foam molded thoracic spinal orthosis, underarm type. X-RAYS AP and lateral radiographs demonstrate approximately 20% anterior wedge compression fracture of T12 with narrowing of the Tll-T12 intervertebral disk space. There is no posterior displacement of the fracture fragments. REVIEW OF Mg CAL REC2RDS An ambulatory care "consultation and followup" was available for review dated April 21, 2000. The doctor's signature was eligible. The report detailed a history and physical findings of the patient's injury and stated the Re: LINDA MAROWSKY May 17 , 2000 Page 2 diagnosis of compression fracture of T12 and acute/chronic lumbar sprain. The fracture is described as stable and the patient was discharged to home to a program. She was stated to be able to participate in a social rehab program with the brace on. DIAGN SES 1. T12 compression fracture, stable. 2. Rule out disk displacement associated with the fracture. 3. X-ray findings of disk space narrowing and clinical findings of lower extremity numbness. RE90MME DATlO +ts, A long discussion was held with the patient and her father. She was referred for an MRI scan of the thoracolumbar spine to evaluate for possible disk displacement and neural compression. She was given medications in the form of Soma 375 mg q. i.d. #30 and Vioxx 25 mg #20. Samples of Vioxx 50 mg #4 one daily were given as well. A prescription for Tylenol with codeine #3 one p.o. g. 12 hours p.r.n. #20 was given with a lengthy discussion and drug addiction counseling. The patient was told the fracture will take another four to eight weeks for healing and that there would be pain during that time. She was placed on activity restrictions to avoid bending, twisting and lifting over five pounds. She was advised to return to my office after the MRI scan seg I could review the results with her and to further tailor her program as needed. She is allowed to remove the underarm thoracic orthosis up to four hours a day with reasonable precautions to avoid injury. Sincerely, /OLD oel A. Waddington, M.D. Orthopedic Surgeon JAI; i2 j JC` L WEDD.NGTOh*, M.D. yl C", , 7 `4 } - 4:1 GNAND AVENUE OAKLAND, CA 9461.0 LUMBAR SPINE MR1 (72148) ; 5/30/00 '�N' 'ARISC7N: Lumbar spine x-rays dated 9/1/99. HISTORY: Prior injury with numbness, tingling and paresthesias in Lhe lower extremities (782 .0) . NCNB: This exam was performed at Contra Costa Open MRI , 2410 High School Avenue, Concord, California. TECHNIQUE: Sagittal T1, sagittal T2, axial T2. rINDINUS : Tneie is normal alignment without spondylolistilesis. There is compression deformity of the upper end plate of T12 without evidence of underlying neoplastic marrow infiltration. No paraspinal tr,iss is seen. The tonus appears normal. The abdominal aorta is normal in caliber. There is normal height and signal of the lumbar intervertebral discs with the exception of L5-S1 . The L5-S1 disc is rriicily reduced in height and there is a 2 .5 mm focal left posterior T,.ar..+central disc protrusion extending into the spinal canal into wP.ciural fat without definite displacement or distortion of the thecal sac or nerve roots. There is no significant spinal canal or neural f crarn,nai stenosis . rvnaFSc-n�r 1 . Senign mild compression deformity of the upper end plate of T:2 . 2 . 2 . 5 mm left posterior paracentral disc protrusion at L5-S1 without Free-- -_sac or Nerve root displacement car distortion. 1.' r'tc%' D: 05/31/2000 *t* REPORT SIGNATURE ON FILE*** T: 05/31/2000 (0942) DX-GJW REPORTED BY: ROBERT M. SCHICK, MD P: 05/31/2000 (1115) #3633 SIGNED BY: SCHICK,ROBERT M (MD) CC: ATTN: DARRELL WILLIAMS; JOEL WEDDINGTON, M.D. 11AGiT.6IA13L0 MEDICAL CENTER JOEL WEDDINGTON, M.D. (925)6ee-82M NAME: MAROWSKY,LINDA SUSAN CONCORD.CA 94520 ACCT # : H010447449 LOC: MRIU ORDERING MD: --- - - Jr 111 - ^ •sriY . II-)r'i?Ary WILLIAM B. WALKER. M. ©. CONTRA COSTA HtAo-St—CES DIRECTOR REGIONALFRANK J. PUGLISI. JR. EKECUT:vE DIRECTOR .,,,,,,, '••.. •..._. MEL7ICALCENTEIt MEDICAL CENTER HEA,114 CENTERS CONTRA COSTA CONTRA COSTA HEALTH CENTERS HEALTH SERVICES 2500 Alhambra Avenue Martinez, California 94553-3191 Ph (925)370-5000 Bear Virginia Brown: I am writing this letter on behalf of Linda Marowsky who I currently follow in my family practice clinic. I have been her physician for approximately one year and during this time I have noticed several psychological problems. Linda has an addiction to Vicodin and has spent a great deal of time in many emergency rooms seeking prescriptions for it. She has been known to take as many as 20 pills per day by getting prescriptions from multiple physicians. I have been working with her and have changed her to a long acting morphine preparation to get better control of her chronic pain. So far this has been successful. . Linda also shows erratic emotional behavior and was recently admitted to the psychiatric ward after drinking alcohol and slashing her wrists. She is currently living in a shelter and will not be able to stay there for more than one month. Given her unstable emotional and mental status I feel that she will rapidly deteriorate and may succeed in seriously hurting herself. It is my strong professional opinion that she would significantly benefit from the structure and therapy of an inpatient program for dual diagnosis. If you should require additional information,please contact the family practice clinic at(925)370- 5500. Si -ere y: r t Ja McCormick M.D. This letter was intended for Mrs. Victoria Brown in her capacity as chairperson of the tied committee. Dr.Mc Cormick wrote the letter on Jane 8,2000 • Contra Costs Community Substatxe Abuse Services • Centra Coda Emergency Medicssl SerMcts • Contra Costa fnvrrorgnentsl tkattn • Contra Costa Health pian r. .us.-r.►v,t aist•rjxk atrwnNt •Contra Costa Mental Health • Contra Costs Public Health + Contra Costa Regional Medal Canter a Contra Costa Health Center + Miss Ednah Friedman Adult Program Chief 555 Center Street Martinez Ca. July 6, 2000 Dear Miss Friedman. I have been advised by Dr. F. Molena that my daughter will be placed in a shelter managed by Rubicon. Upon availability, she is to be provided with housing for independent living. I also have been told that you are in charge of making the arrangements. I wish to express my concern about the decision to set up my daughter unprepared for independent living. Linda agreed only In the absence of any other plan to these arrangements. Independent living has been tried with Linda unsuccessfully for nearly a decade and at a cost of hundred of thousands of dollars. Why not try a new approach and place her for a long term treatment as in-house patient in a facility which treats, her mental Illness, as well as her drug addiction and chronic pain I have been told that a in-house treatment is too expensive. After reviewing Linda's medical and billings records, I now will be able to proof that the opposite Is true. I also have evidence that Linda for years has been able to obtain her favorite drug, Hydrocone(Vicodin) uncontrolled, and at a great expense to county's health plan, at a cost far exceeding of what a residential treatment would be. I am enclosing a copy of a letter from Dr. Jane Mc Cormick, Linda's primary physician. The letter is Intended to Mrs. Victoria Brown in her capacity as chair person of the bed committee. The letter strongly recommends an residential treatment for Linda. Dr. Mc Cormick had done her best to prevent Linda from obtaining Vicodin, by contacting all hospitals in the area and urging them not to prescribe the drug to her, as well as placing warnings to this effect In my daughter's medical file. Unfortunately nobody in the psychiatric unit at CCRMC looked at my daughters medical records and introduced her again to Vicodin. This occurred after my daughter fractured a vertebra from a fall, while a patient in the hospital. I am in the process of documenting all medical expense covered by either Medicaid or the county's health plan. For the year of 16991 documented 97 visits to emergency rooms, 15 via ambulance and 42 visits to Family Practice. Medical expense for the last three months in connection with Linda's mental condition have been established to exceed 680,000. My findings also reveal that by attempting to minimize the cost in one department, the overall expense to the health plan is increased dramaticiaily. I know my daughter better then anybody else. I am convinced, presently she is not capable of independent living. I will do everything in my power to secure an appropriate treatment for her. Should I fail, and she succeeds taking her life, I will make certain she did not die in vain. Since you now have written permission from my daughter, I would appreciate your call and discuss the matter with me. Sincerely Horst K Marowsky 408 Diablo Creek Place Clayton, Ca 94517 Tel. 925 672-5265 cc: Victoria Brown Dr. William Walker Donna Wigand VALLiAM B. WALKER, M.D. CONTRA COSTA HwYhh Services Director MENTAL HEALTH DONNA M. WIGAND, L.C.S.W. AWLT PROGRAM Mental Health Director � .,,,.rr " 595 Cantor Avenue•ate 200 A 94SS54639 CONTRA COSTA I�al�Na 925/313.6476 HEALTH SERVICESFax 925/313caus �eed.00. �.� July 12, 2000 Mr. Borst X. Marowsky 400 Diablo Creak Place Clayton, Ch 94517 Res Linda Marowsky Dear Mr. Marowsky: `thank you for your letter dated July 6, which I received yesterday. Thank you, too, for including a signed release of information from your daughter authorizing me to disclose to you, without limitation, information regarding her *mental condition...and treatment.' Linda has been referred to the Central County B.B.I.S.N (Health, Housing and Integrated Services Network) . The Network is a collaboration of several public and private, non-profit agency partners who have formed a consortium in response to a Supportive Housing Initiative from the State Department of Mental Health. The goal of the SHISN is to provide permanent, supported housing services to seriously and persistently mentally ill homeless adults, with a special emphasis upon individuals with co-occurring substance abuse issues, in an intensive case management model. The RHISN is located on the first -floor at 1420 Willow Pass Road, Concord. The telephone number is 646-5440. The tam is composed of a team leader (Mr. Sage Poster), a clinical psychologist, a psychiatrist, a dual diagnosis specialist, a money-sanager, a life skills counselor, and a peer- support worker. The RHISN team works with no more than fifty clients at a time. It is an innovative and energetic program that has been providing services in Central County since November 1999. Please contact Mr. Foster with your concerns regarding Linda'a treatment and progress. Sincerely, ar6+00%'✓ Zdnah Both Friedman Adult/Older Adult Program chief Ccs Sage Foster Donna M. Wigand, L.C.S.W • "UNd"s I�lrerrf W PNWW as Caft eir!M •Cwn CMU • torr CFM� Cswan t•t REC 2000210 194506 HBE402EO o089 CIPQYAI PQA1 {F-o09 1 *** SOCIAL SECURITY ADMINISTRATION Date: July 28, 2000 Claim Number: 552-02-7100A 552-02-7100DI Name: LINDA MAROWSKY HORST HAROWSKY FOR LINDA S MAROWSKY 408 DIABLO CREEK PL CLAYTON CA 94517-1018 You asked us for information from your record. The information that you requested is shown below. If you want anyone else to have this information, you may send them this letter. Other Important Information ACCORDING TO OUR MEDICAL DETERMINATION DATED 9/20/99, YOUR DISABILING CONDITION IS AFFECTIVE (MOOD) DISORDER If You Have Any Questions If you have any questions, you may call us at 1-800-772-1213, or call your local Social Security office at 925-938-1888. We can answer most questions over the phone. You can also write or visit any Social Security office. The office that serves your area is located at: SOCIAL SECURITY GROUND FLOOR 1111 CIVIC DRIVE WALNUT CREEK, CA 94596 If you do call or visit an office, please have this letter with you. It will help us answer your questions. OFFICE MWgER Medical Expense for Linda Marowsky billed to CCHP covering a period of approximately three years. The purpose of the study has been made to demonstrate lack of proper controls by the county's health plan in managing medical expense,as well as preventing patients from obtaining and abusing prescriptions medicine. My daughter Linda Marowsky has been treated for nearly a decade for Endometriosis.To alleviate the chronic pain. her doctors have prescribed Vicodin.Unfortunately.my daughter has be become addicted to the drug. To obtain Vicodin, she visited emergency rooms of various hospitals at least twice a week,complaining about pain,and was able to to satisfy her addiction at a grew expense to the health care provider.. The below listed medical expenses are largely connected with my daughter's drug addiction.The source of it are are about 700 detailed bills from hospitals addressed to CCCHP and were paid by the health plan and/or by Medical. 1 am certain that the major portion of the expense could have been prevented if my daughter would have been given proper treatment for her mental illness as well as her drug addiction.(Dual Diagnosis).Despite the fact that my daughter receives SSI for mental illness, county mental health officials claim that my daughter is not mentally ill,and her problem is drug addiction.Therefore no treatment is provided for her. My investigation also reveals,in order to stay within the budget limitation,the mental health department will deny treatment to patients.deemed to costly,even if it increases the overall expense for the county dramatically.In case of my daughter a recent $60000. 60000.hospital expense could have been saved. While hospitalized in April of this year for attempted suicide, she slued on a wet floor and suffered a compression fracture of a vertebrate as well as a bulged disk. Since the injury was extremely painful,she was given Vicodin again. Warnings placed in her medical files were not mead or ignored..While X-rays were taken immediately,revealing the injury.only after she was discharged. eight days later was she first examined by any doctor. For the last 10 weeks my daughter has been housed in a homeless shelter for the general population,in a warehouse,located on Arnold Industrial Way.Promises made to her in dune by the medical staff while hospitalized have not been materialized. Linda may have to stay in the shelter for another four months.Afterwards she is to be provided housing,available only as long as she is in a homeless shelter.My daughter is suicidal.She has made at least 10 attempts to end her life.She also suffers from severe depression..Living in a room shared with about 20 other females. housing mostly people on their way in or out of jail,may be more she is able to handle. I am concerned that she may not survive another four months John Muir Hospital,Walnut Creak 134 Visits to the Emergency morn $56,855.08 Mount Diablo Hospital,Concord 99 Visits to the Emergency Room $58,333.82 Sutter Delta Medical Center,Antioch 41 Visits to the Emergency Room $ 15,001.35 274 Emergency Room Visits S 130,200.25 41 Transports via Ambulance S 26,611.21 Health services provided by the c ounWs medical staff 178 visits to either emergency room, fitmily clinic or other S 73,937.22 Mental Hmlth Services S 30,686.93 Total $261,435.61 Prepared by: Horst IG,Marowsky 408 Diablo Creek Place Clayton Ca.94517 Tel:925 672 5265 Sept 15,2000 L9 � d�S6t! 106 Y AROWSKY fiSY6 062A FRA23OCT AN FRANCISCO A F0 VS 41 I230Cfi GW BA 2713 /230CT BA 777677 ll0125 1 Go Uj VM00 cr. 00 CA j c cc o LL � s .� �- �. - jz .4MN y� c zU. " z C f � -"I , w i ol 1* co W$n NO so un o Li, > o z * z Ln Z � 00 m � * � AW a�a °: i " pec > �a e z m •r r- r r 00 z° � '" anE + woLU Z SIWO VI!�TOR J.WESTMAN DEPUTIES: PHILLCOUNTY COUNSEL / � JANIC L.ALTHOFF } ; ���'� JANICE L.AMENTA NORA G.BARLOW SILIJANO S.MARCHESI ANREBECCA AW.CA SIDS ANDREA W.CASSIDY hA COSTA SQ0N \ MONIKA L.COOPER CH IEF ASSISTANT COUNTY COUNSEL VICKIE L.DAWES OFFICE OFTHE C01 O ,NSEL MARKES.ESTIS SHARON L.ANDERSON 411NEOZ, MICHAEL.FUJII 0. R �CALIFO It+11STRA 1 i�Ul INCi;'��� LILLIANT.FUJIIASSISTANT COUNTY COUNSEL TREETVttIP DRi DENNISC.GRAVES JANET L.HOLMES MA 9 KEVINT.KERR GREGORY C.HARVEY BERNARD L.KNAPP ASSISTANT COUNTY COUNSEL \\ � EDWARD V.LANE,JR. EEATRiCE LIU MARY ANN MASON GAYLE MUGGLI PULR. JUI VAR RANCHE OFFICE MANAGER STEVEN P.RETTIG DAVID F SCHMIDT J. ILVER PHONE(925)335-1800 November 8, 2000 JDACOUELINEY WOODS FAX(925)646-1078 Linda Marowsky 408 Diablo Creek Place Clayton, CA 94517 Re: Government Tort Claim filed October 26, 2000 Dear Ms. Marowsky: We are in receipt of the additional claim you filed on October 26, 2000 with the Contra Costa County Board of Supervisors. The Board will not act upon the claim. The Board acted upon your original claim(filed September 25, 2000) on October 24, 2000 and rejected your claim in full. The Deputy Clerk mailed you notice of the Board's action on October 25, 2000. (See attached copy of notice.) Your recourse is to file a court action on this claim, as indicated on the notice. It is important that you act promptly,because you only have six months from October 25, 2000 in order to file your court action. (See attached copy of notice.) Very truly yours, 117. 'r- 6th VICTOR J. WESTMAN (-, /`� b..��1'+.r" COUNTY COUNSEL Ike- 11-01 66X,1A-- Monika L. Cooper Deputy County Counsel Enclosure I:\TORTUSK-MGT\CLAIMS121vfirow6ty0l.wpd V CLAIM . ROAM CSF S 1PE NUSORS QF C DNTRA =1A COUNM CALLEOMIA OCTOBER 24,._2000 Claim 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 document mailed to you is your California Government Codes. J� — notice of the action taken on your claim by the C !, Y C. Board of Supervisors. (Paragraph IV belovvl, given : • pursuant to Government Code Section 913 and SEP 2 5 2000 815.4. Please note all "Warnings". AMOUNT: $100,000.00 COUNTY COUNSEL MARTINEZ, CA1..I CLAIMANT: LINDA MAROWSKY ATTORNEY: DATE RECEIVED: SE:PTIF�SER 25, 2000 ADDRESS: 408 DIABLO CREEK PLACE BY DELIVERY TO CLERK ON: SEPI ER 25, 2000 CLAY rON CA 94517 BY MAIL POSTMARKED: HAM-DELIVERED L FRONL• Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BAT LOR, Clerk Dated: SEk''I'l+KBER 25, 2000 By: Deputy,_®, II. FROn- County Counsel TO: Clerk of the Board of Supervise ( ) 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 910.0. { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: �o-Z -"Cc.) By: �uty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911,3). IV BOARD ORDER: By unanimous vote of the Supervisors present: } This Claim is rejected in full. (' ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. (:;Dated: �- V1 2,.xz, PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. DAVIT OF IVIA111NG 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 irepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:G By: PFnL BATCHELOR By �-` eputy Clerk C: County Counsel Countj Administrator d CIAIM OF SUPFMSORS OF CONTRA COSTA COUNn, CAI i URNIA d AT1Il11t NOVEMBER 14, 2000 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to ► The copy of this document mailed to you is your California Government Codes. ► notice of the action taken on your claim by the �-° Board of Supervisors. (Paragraph IV beloM, given pursuant to verrinent Cole Section 913 and OCT 1 0 2000915.4. Tease note all "Warnings". AMOUNT: $2,453.00 'aq)j,4Ty COUNSEL CLAIMANT: CARS CATALANO MARTINE--Z.,CA1-'1^- ATTORNEY: DATE RECEIVED: OCTOBER 10, 2000 ADDRESS: 3515 D NORTHWOOD DRIVE BY DELIVERY TO CLERIC ON: OCTOBER 10, 2000 CONCORD CA 94520 BY MAIL POSTMARKED: HAND-DELIVERED L TRONE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BAT,QJELOR, Clerk Dated: OCTOBER 10, 2000 By: Deputy : ( H. FROM: County Counsel TO: Clerk of the Board of Supervis rs ..._ _. (phis claim complies substantially with Sections 910 and 910.2. ( } This claim PAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was fled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated:® ! --/��.LXX By: - 6� ..Deputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV . BOARD ORDER. By unanimous vote of the Supervisors present: This Claim is rejected in full. )� Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 6 Al, � PHIL BATCHELOR, Clerk, By eputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NVIAEUNG 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 )repaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 2�10•/ By: PHIL BATCHELOR BY �eputy Clerk 'C: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 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 sine 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 Code See.72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp Yl L IN RECEIVED Against the County of Contra Costa ; OCT 1 0 2000 or / &,"- CLERK BOARD OF SUP RVISORS District} CONTRA COSTA CO. (Fill in Name) The undersigned claimant hereb makes claim against the County of Contra Costa or the above named District in the sum of S .hd in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Date and Hour) . -- - - --- -- = -C ------------------------------- 2. Where did the damage or injury occur" (include city and County) r n , ' ,/-. /--\ R\1� 0 r-\ - K -y (-,NzQQ�- --T 3. Flow did the damage or injury ocdur"? (Give till detaft use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? ALL C (Over) *auU puu luamosuduxc qiM gloq fiq ao `(000`OCS) saetlop pugsnagl an Suipaaaxa lou 3o aulj v Sq'uosud aluls aql uE luamuosudutl Sq To'auU puu juawuosudmi Bans gloq fiq ao'(OOWIS) saellop puusnogl auo 2A;paaaxa lou,lo auu ig Sq '.1nak auo uvgl aaom IOU,lo poor cad u xoj pf Sjunoa aql ui juamuosudmi Sq jaglca alqugszund st tuiff"i,co'xaganon 'aunoaan lll!q Impala lualnpnva3.10 asivi Sue'aulnuag;r aures aql Sed ao molle of pazixoxpnv lnoWo ao paeoq laulsip ao Alla',Clunoa Sur of ao'aaa„llo ao p roq alms Suu of luaudvd aol ao aaueesolln ao;sluasaad'pnna3ap of lualul gl!Ai'ogm uosaad C.iaAa„ :sapinocd apoj luua,d aq;,lo ZG uoTlaaS aaI10NI { _ °oN auogdalay -ON auogdalay (ssaapp ) a slue Sauaouiv JO ssaapprd pu'g auinK ,llugaq sYq uo uosaad amos{q ao (Sauxolly) :OJL saillom(Im3s lunucp;la aql Sq paullrs aq lsniu uxmla aqy,, :saplAoad Z'OTS`33S apo AO9 :SjnCut ao luoplaaa srq;,lo lunoaav uo apncu nofi saaAllpuadxa aql lsl'I .6 V's -spe ldsoq pun'saalaop'sassaul!Ajo sassaappr pine satugK -g -------------- ------;5j -- ------- (Auump so tan fM ai Iso.td:fug 3o;unouuu palumuse atp apnPul) tpalndwoa luno[un pauxMla aAogn aql SUM A4LOg -L {°aftump o;ne ao;sa;au[psa o q ipuuv °paugvp saa—up so-lin io;ua;xa u ii aaID) 4pallnsaa m!vla noS Op salan ful O 8329ucVp PqAA, g �,fi.znfux ao a�recunp agl�utsnna saafioldrua xo'slurenaa 's,aaa„13o laralszp ao nlunoa,lo sauxnu agl aau l�gM °S rent-a-car Fick Enterprise. We'll pick you up. Martha James Assistant Brarch. Manager 925-698-8900 tel 925-688-8916 fax NUM•. �"stil�a-Car'. 2550 Monument Bivd, Concord,CA 94520 ' www.O't.,gnSC.CO- r'1nen 1OA� Con —D Northwood Dr. Concord,CA 94520 926.682.2017 September 26,2000 Board of Supervisors Contra Costa County California Dear Sir or Madam: Listed below are the expenditures incurred due to the accident described on the claim form. Where necessary, I have attached copies of material you may need as validation,for my claim. Vehicle Reoair Mike Rose's Auto Body $2,276.03(estimate attached) Jim's California Auto Body $1029.77(estimate attached) Average(from above) $1652.90 Miscellaneous Ex ep nses Enterprise Car Rental $205.00(see attached) Time Off Work $240.00(24 hrs x&10/per hr.) Extended Child Care $180.00(after 6 p.m.penalty=$2/per minute) Car Detailing $135.00(see attached) Tire Repair(left rear) $40.00 Total(from above) $800.00 Average(from above) 1 2. Grand Total $2452.90 Sincerely, Carmen Catalano Information Technology Specialist 11 n v j a c o 0 7 O m 5 , mfg 0 N ` "�} 1 tj rn t � to M ► j , mlCn I � i U, c� i OCA � 0 � ---------------------- - 0z4 09/22/2000 at 11:09 AM Job Number: 17908 MIKE ROSE'S AUTO BODY INC. License #:BAR# AA07562 Federal ID #:942621349 WHERE QUALITY COUNTS 2001 FREMONT STREET CONCORD, CA 94520 (925) 686-1739 Fax: (925) 686-1744 PRELIMINARY ESTIMATE Written by: LISA FISHER # Adjuster: Insured: CARMEN CATALANO Claim # Owner: CARMEN CATALANO Policy # Address: 3515 D NORTHWOOD DR Deductible: CONCORD, CA 94520 Date of Loss: Business: (925)776-1133 Type of Loss: Cellular: (925) 980-5698 Point of Impact: Inspect Location: Insurance Company: Days to Repair 1991 TOYO TERCEL 4-1.5L 2D SED BLUE MET Int: VIN: JT2EL46B8M0061608 Lic: 2WDK186 CA Prod Date: 01/1991 odometer: 131217 Clear Coat Paint Metallic Paint Power Brakes Hiback Bucket Seats Recline/Lounge Seats 5 Speed Transmission ---ILIO. OP. DESCRIPTION QTY EXT. PRICE LABOR. PAINT ------------------------------------------------------------------------------- 1 REAR BUMPER 2 O/H rear bumper 0 0.00 1.8 0.0 3 Rept Cover 1 146.60 Incl. 2 .5 4 Add for Clear Coat 0 0.00 0.0 1.0 5 REAR LAMPS 6 Repl LT Tail lamp assy 1 129.67 0.4 0.0 7 REAR BODY & FLOOR 8* Rpr LT Filler panel above bumper 0 0.00 1.5 0.4 9 Add for Clear Coat 0 0.00 0.0 0.1 10 QUARTER PANEL 11 Refn LT Quarter panel 0 0.00 0.0 2.4 12 Overlap Minor Panel 0 0.00 0.0 -0.2 13 Add for Clear Coat 0 0.00 0.0 0.9 14 Refn Fuel door w/o remote 0 0.00 0.0 0.3 15 Add for Clear Coat 0 0.00 0.0 0.1 16 R&I LT Glass clear Toyota 0 0.00 1.0 0.0 17 TRUNK LID 18 Blnd Lid w/o finish pnl 0 0.00 0.0 1.1 19 Repl Emblem 1 18.03 0 .3 0.0 20 Repl Nameplate "TERCEL" 1 19.63 0 .3 0.0 21 ROOF 1 09/22/?000 at 11:09 AM Job Number: 17908 PRELIMINARY ESTIMATE 1991 TOYO TERCEL 4-1.51, 2D BED BLUE MET Int: --------------------------------_---®_---------__-_-___--------------------_-_- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 22 R&I LT Drip molding 0 0.00 0.3 0.0 23 FRONT DOOR 24 Refn LT Outer panel 0 0.00 0.0 2.3 25 Overlap Major Adj . Panel 0 0.00 0.0 -0.4 26 Add for Clear Coat 0 0.00 0.0 0.4 27 R&I LT Belt molding 0 0.00 0.3 0.0 28 Repl LT Mirror standard model 1 65.27 0.5 0.0 29 R&I LT Handle, outside 0 0.00 0.4 0.0 30 R&I LT Dear panel standard 0 0.00 0.3 0.0 31 ELECTRICAL 32 Repl Antenna assy 1 38 .11 m 1.0 0.0 33 FENDER 34 Blnd LT Fender 0 0.00 0.0 1.2 35 FRONT LAMPS 36 R&I LT Signal lamp 0 0.00 0.3 0.0 37 FRONT BUMPER 38 R&I Cover 0 0 . 00 1.5 0.0 39# Repl COVER CAR 1 5.00 T 0.2 0.0 40# Repl CORROSION PROTECTION 1 5.00 T 0.3 0.0 41# Repl FLEX ADDITIVE 1 10.00 T 0.0 0.0 42# Repl TAPE STRIPE 1 12.00 T 0.5 0.0 43# Refn TINT COLOR 0 0.00 0.0 0.5 44# ROPE GLASS 1 8.00 T 0.5 0.0 ------------------------------------------------------------------------------- Subtotals > 457.31 11.4 12.6 Parts 417.31 Hedy Labor 11.4 hrs @ $ 60.00/hr 684.00 Paint Labor 12.6 hrs @ $ 60.00/hr 756.00 Paint Supplies 12.6 hrs a $ 25.00/hr 315.00 Sublet/Misc. 40.00 ---------------------------------------------------- SUBTOTAL $ 2212.31 Sales Tax $ 772 . 31 @ 8.2500% 63 .72 ---------------------------------------------------- GRAND TOTAL $ 2276.03 ADJUSTMENTS: Deductible 0.00 ---------------------------------------------------- CUSTOMER PAY $ 0.00 INSURANCE PAY $ 2276.03 THIS IS A PRELIMINARY ESTIMATE AND ADDITIONAL CHARGES MAY BE REQUIRED FOR THE ACTUAL REPAIR. 2 09/22/2000 at 11.09 AM Job Number: 17908 PRELIMINARY ESTIMATE 1991 TOMO TERCEL 4-1.5L 2T) SET} BLUE MET Int: Estimate based on MCTCR GASH ESTIMATING GUIDE. Non-asterisk(*) items are derived from the Guide ARM8320. Database Date 812000. Double aste__sk'* j ina z :n•dica~n parts s-pplind by a supplier other than the original equipment man factjrer. Pound sign 141 items indicate manual entries. CAPA items have been certified for fit and finish by the Certified Anto Parts Association. NAGS Part Numbers, Prices and Labor Times are provided from National Auto Class Specifications, Inc. Pathways - A product of CCG Information Services Inc. 08/25/2000 at 02:34 PM Job Number: 13030 JIM'S CALIFORNIA AUTO BODY INC. License #:AF178743 Federal ID #:942227228 EST. 1962 2520 Monument Blvd. Concord, CA 94520 (925) 689-6117 Fax: (925) 689-7836 PRELIMINARY LSTIMATE Written by: PAUL FIGONE #38 Adjuster: Insured: Claim # Owner: CARMEN CATALANO Policy # Address: 3515 "D" NORTHWOOD DR Deductible: CONCORD, CA 94520 Date of Loss: Business: (925) 776--1133 Type of Loss: Point of Impact: 9. Left T-Bone (Le Inspect JIM'S CALIFORNIA AUTO BODY INC. Business: (925) 689-6117 Location: 2520 Monument Blvd. Concord, CA 94520 Insurance Company: Days to Repair 1991 TOYO TERCEL 4-1.5L 2D SED 8J2/BLUE Int: VIN: JT2EL46B8M0061608 Lic: 2WDK186 CA Prod Date: 01/1991 Odometer: 129955 Clear Coat Paint Metallic Paint Power Brakes Hiback Bucket Seats Recline/Lounge Seats 4 Speed Transmission ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 1 ELECTRICAL 2 Repl Antenna asst' 1 38.11 m 1.0 3 FRONT DOOR 4 Repl LT Mirror standard model 1 65.27 0.5 5 Refn LT Door shell 2.3 6 Add for Clear Coat 0.9 1 08/25/2000 at 02:34 PM Job Number: 13030 PRELIMINARY ESTIMATE 1991 TOYO TERCEL 4-1.5L 2D SED 8J2/BLUE Int: ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 7 R&I LT Belt molding 0.3 8 R&I LT Handle, outside 0.4 9 R&I LT Door panel standard 0.3 10 QUARTER PANEL 11 Refn LT Quarter panel 2.4 12 Overlap Major Adj . Panel -0.4 13 Add for Clear Coat 0.4 14 REAR LAMPS 15 Repl LT Lens & housing 1 119.87 0.4 16 REAR BODY & FLOOR 17 Repl LT Filler panel above bumper 1 23.12 0.4 18 Overlap Minor Panel -0.2 19 Add for Clear Coat 0.1 20# MISC 1 21# TINT COLOR 1 0.5 22# COVER CAR 1 5.00 0.1 23# Subl HAZARDOUS WASTE 1 5.00 24# Repl. TAPE STRIPES 1 10.00 0.3 ------------------------------------------------------------------------------- Subtotals =_> 266.37 3.8 5.9 ------------------------------------------------------------------------------- Estimate Notes: SMALL DENTS IN LT DOOR & LT QTR PANEL ARE NOT RELATED. . . . . . . . Parts 266.37 Body Labor 3.8 hrs @ $ 58.00/hr 220.40 Paint Labor 5.9 hrs @ $ 58.00/hr 342.20 Paint Supplies 5. 9 hrs @ $ 28.00/hr 165.20 ---------------------------------------------------- SUBTOTAL $ 994.17 Sales Tax $ 431.57 @ 8.2500% 35.60 2 08/25/2000 at 02:34 PM Job Number: 13030 PRELIMINARY ESTn4kTE 1991 TOYO TERCEL 4®1.51, 2D SED 8J2/BLUE Int: ---------------------------------------------------- GRAND TOTAL $ 1025.77 ***NO CREDIT CARDS*** Estimate based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk(*) items are derived from the Guide ARM8320. Database Date 8/2000. Double asterisk(**) items indicate parts supplied by a supplier other than the original equipment manufacturer. Pound sign (#) items indicate manual entries. CAPA items have been certified for fit and finish by the Certified Auto Parts Association. NAGS Part Numbers, Prices and Labor Times are provided from National Auto Glass Specifications, Inc. Pathways - A product of CCC Information Services Inc. 3 CLAM BOA`R1D OF SUPERVISORS OF CONTRA COSTA CO (NIL CA,LLEORNIA Z'JARD AO[Mt NOVEMBER 14, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) - The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: In Excess of $10,000.00 CLAIMANT: MICHAEL DAVIS ATTORNEY: c/o JAMES B. CHANIN DATE RECEIVED: OCTOBER 5, 2000 LAW OFFICES OF JAMES B. CHANIN OC�ICJBER 5 200{7 ADDRESS: 3050 SHATTUCK AVENUE.- BY DELIVERY TO CLERK ON: � BERKELEY CA 94705 OCTOBER 4 2000 BY MAIL POSTMARKED: , L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. OCTOBER 5 2000 PHIL B HELOR, Cler Dated: i By: Deputy II. FROM- County Counsel TO: Clerk of the Board of Supery ors (:L_. -*This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: /PJB ' By: Deputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 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. Dated1A1.:;0 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFMAVTT OF MAILING i declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully )repaid a certified copy of this Board Order and Notice to Claimant, addressed tto�the claimant as shown above, Dated: � �j By: PHIL BATCHELOR By d��J / ,_Deputy Clerk 'C: County Counsel County Administrator w LAW OFFICES OF JAMBS B. CHANIN RECEIVED 3050 SHATTUCK AVENUE BERKELEY,CALIFORNIA 94705 FAX(51848-4752 )84 35819 OCT Q 5 2000 CLERK BOARD OF SUPERVI C3tS CONTRA COSTA CO. October 4 , 2000 Attn. Joan Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, Room 105 Martinez, CA 94553 Re : Michael Davis v. County of Centra Costa Dear Sir of Madame : Enclosed please find the original and one copy of the Government Tort Claim Against the County of Contra Costa. Please file the original and return and stamped copy to our office in the enclosed self-addressed, stamped envelope . Thank you for your attention to this matter. V ry Truly ours, LAW OF I S OF JAMES B. CHANIN Casey atton, legal assistant Enclosures JAMES B. CHANIN (SBN# 76043) Law Offices of Jame B. Chanin 3050 Shattuck Avenue Berkeley, California 94705 (510) 848-4752 Attorney for Claimant CLAIM AGAINST THE COUNTY OF CONTRA COSTA MICHAEL DAVIS } } Claimant, } GOVERNMENT TORT CLAIM } (Cal . Govt . Cade §810, et seq. ) VS . } } COUNTY OF CONTRA COSTA } } } CLAIMANT' S NAME: MICHAEL DAVIS CLAIMANT'S ADDRESS : 2001 Broadway, Apt . 216 San Pablo, CA 94806 CLAIMANT'S TELEPHONE NUMBER: (510) 234-5513 PLEASE NOTE: CLAIMANT IS REPRESENTED BY COUNSEL AND ALL COMMUNICATIONS SHALL BE THROUGH HIS COUNSEL ADDRESS TO WHICH NOTICES ARE TO BE SENT: JAMES B. CHANIN, LAW OFFICES OF JAMES B. CHANIN, 3050 SHATTUCK AVENUE, BERKELEY, CALIFORNIA 95705 . DATE OF THE INCIDENT: Beginning on or about June 16, 2000 LOCATION OF ACCIDENT OR INCIDENT: Claimant was taken into custody in Richmond, California. HOW DID THE ACCIDENT OR INCIDENT OCCUR: On or about September 15, 1999, the Claimant entered a 1 guilty plea to count two of a criminal complaint filed against him in the Contra Costa County Superior Court Action entitled, People v. Michael Davis, Case No. 174233-7 . In exchange for the guilty plea, the Claimant was given probation. one term of the probation was that the Claimant was required to serve 90 days in a treatment program. The Court' s minute order from September 15, 1999, reflects that a warrant which had been issued in connection with this matter had been recalled by the Court . The Court then set a further hearing date on December 20 , 1999, for the Claimant to show proof that he completed the 90 day residential treatment program. On or about December 20, 1999, the Claimant appeared before the Honorable J.T. Hiramoto, Judge of the Contra Costa County Superior Court, Richmond, California, and produced proof that he completed the terms of the 90 day treatment program. Nevertheless, on or about June 16, 2000, when a Richmond Police Officer ran a warrant check on the Claimant, he informed the Claimant that a no bail felony warrant for the above-referenced case was still in the computer system and arrested the Claimant . Despite the fact that the warrant had been recalled by the Court and despite Claimant's completion of the 90 treatment program, the Claimant was taken to jail and remained in custody for approximately eighteen days . As a result of his imprisonment, Claimant lost his job and the car he was driving at the time of his arrest was towed and impounded. During the time Claimant was imprisoned for approximately 18 days, he was never taken to Court . The Claimant was eventually released from jail when it was determined that there was indeed no legal basis for his arrest and imprisonment . Claimant is informed and believes and thereon alleges that the County of Contra Costa maintains customs, policies or practices which cause persons, such as Claimant, to be arrested on warrants ordered withdrawn or recalled by Courts in Contra Costa County. Claimant' s causes of action against the County of Centra Costa and/or its employees as a result of this incident include, but are not limited to: negligence, negligence per se, negligent supervision, false arrest, false imprisonment, unreasonable search and/or unreasonable seizure, violation of 2 civil rights, violation of mandatory duties, infliction of emotional distress and other claims or causes of action to be determined as discovery continues. DESCRIBE INJURY OR DAMAGE: Emotional distress, pain, suffering, wage loss, tow and storage charges, deprivation of civil rights, statutory damages, attorneys fees, punitive and exemplary damages in amounts to be determined according to proof . NAME OF PUBLIC EMPLOYEE (S) BELIEVED TO HAVE CAUSED INJURY OR DAMAGE: Does 1-100, presently unknown County of Contra Costa employees, agents and/or servants, including, but not limited to, Court personnel, Sheriff' s Department personnel and/or other County employees, agents and/or servants . DEMAND FOR PRESERVATION OF EVIDENCE: Claimant does hereby ` mand that the COUNTY OF CONTRA COSTA. including its empsyees, agents, servants and/or attorneys, maintain and preserve all evidence, documents and tangible materials which is and/or may be relevant to the subject matter of this Claim during the pendency of this matter, including until the completion of any and all civil and/or criminal litigation arising from the events which are the subject matter of this Claim. This demand for preservation of evidence includes, but is not limited to, a demand that all police department and/or other public safety communications tapes be preserved until the completion of any and all civil and criminal litigation arising from the subject matter of the events which are the subject matter of this Claim. AMOUNT OF CLAIM: Claim is in excess of $10, 000 . 00 . Jurisdiction is in the Superior Court of the State of California for the County of Contra Costa and/or United States District Court for the Northern District of California. DATED: October 2000 LAW OFFICES F JAMES B. CHANIN ES B. CHANIN Attorney for Claimant 3 1 PRO-OF OF ,SERVICE 2 I, the undersigned, declare that I am a resident of the State of California, over the age of eighteen years, and not a 3 party to the within action! my business address is the Law Offices of James B. Chanin, 3050 Shattuck Avenue, Berkeley, 4 California 94705 . On the date set forth below, I served the within documents : 5 GOVERNMENT TORT CLAIM AGAINST THE COUNTY OF CONTRA COSTA by transmitting via facsimile the above-listed 7 document (s) to the fax number (s) set forth on the attached list on this date before 5 : 00 p.m. 8 X by placing the document (s) listed above in a sealed 9 envelope with certified postage thereon fully prepaid, in the United States Mail at Berkeley, California, 10 addressed as set forth below. 11 by causing the personal delivery of the document (s) listed above to the person(s) at the address (es) set 12 forth on the attached list . 13 I am "readily familiar" with the firm' s practice for collection and processing of correspondence for mailing with the 14 U.S . Postal Service, and in the ordinary course of business correspondence would be deposited with the U.S . Postage Service 15 the same day it was placed for collection and processing. 16 X (State) I declare under penalty of perjury under the laws of the State of California that the above is true 17 and correct. 18 (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction 19 the service was made. 20 Executed on {October 4, 2000, at Berkeley, California. 21 j 22 Casey !�Yton 23 Clerk of Board of Supervisors 24 Contra Costa County 651 Pine Street, Room 106 25 Martinez, CA 94553 26 27 28 k k\k��k g}/ \ � O � � rj . O r ru � rAn � � � Cy tr CD CA \ q \ �/ � n ? 0. Lo 0 $ ^ R 40'o q r $ \ _ R' 2 2s ^\ R « . w�. } y � CLAIM BQAED OF SUPERVISORS OF C NlgA COSTA COQ, C I O IA__ BOARD ACT1011t NOVEMBER 14, 2000 Claim Against the County, or District Governed by 1 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section reference, ; `f The copy of this document mailed to you is your California Government Codes. `' 4 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given OCT 10 2000 pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". COUNTY COURSE. AMOUNT: $144.44 MARTINEZ CALIF. CLAIMANT: DONALD R. DOUGLAS ATTORNEY: DATE RECEIVED: OCTOBER 14, 2004 ADDRESS: 941 COURT STREET, MZ 2 BY DELIVERY TO CLERIC. ON: OCTOBER 14, 2444 COUNTY JAIL CCRWC - Security BY MAIL POSTMARKED: TRANSMITTAL 2540 Alhambra L FRONL Clerk of the Beard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BAT LOR, Clerk Dated: OCTOBER 14, 2000 By: Deputy ^-- II. FROM County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: By: L�0"_ Deputy County Counsel IIL FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IVB BOARD ORDEEL By unanimous vote of the Supervisors present: S7`3 This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ! t,..Uo, /4 �' `�-� PHIL BATCHELOR, Clerk, By eputy Clerk if 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 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NLAILJ+IG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully irepaid a certified//copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Datedt �b A-�'By: PHIL BATCHELOR ByS�VZ'��4/7�eputy Clerk 'C: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCT gNS TO_CLARdAM 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 100x'day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause`of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp ) RECEIVED Against the County of Contra Costa or p C T 1 0 2000 J- `e 2 100 District) CLERK BOARD OF SUPERVISOR, ill in name) `,_ ) CONTRACOSTACO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$_10.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. 'Where did the damage or injury occur? (Include city and county) 10 ok 3. How did the damage or injury occur? (Give full details;use extra paper if required) 4 , .r` t � . ? t dikv.0 - Irl.st to 1. "' '` 1 --v y c � r 4. W6t particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? , .. y y k o t.k c r t tv art. PV —A4lr''',ci s:` k+ U' J.L 5. What are the names of county or district officers, servants, or employees causing the damage or injury?`C } ,:.. 6. What damage or injuries do you claim resulted?(Clive full extent of injuries or damages claimed. Attach two estimates for auto damage.) -M t' 4 o o a uvul fir. Lx t ( 1. ti ✓� G�1Jt ,.. ^� �,a► Gil, f tw � r, 7. Hok was cltmunt clalrn�ed abov criputetl �de testiiat atui�t gaily prospective injury or damage.) � �� tri , �v �.� ,�,°' ;:• t � »,v,._ g.��. . s r ;." 8. Names and addresses of witnesses, doctors, and hospitals. 0 A 9. List the expenditures ou made on account of this accident or injury. I7TIME AMOUNT . .�...�. /00 t : Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his behalf." END N TIE T Att me Name and Address of Attorney } Y I t } (CraimantA Signature) o (A dress) Telephone No. )Telephone No. NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the 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(S 1,040),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(S 14,000),or by both such imprisonment and.fine. «. i Zt �_..._ � r�•,`. Sly' � . JA , } tyt ) VN Cr t•�.i �� � fir--. �.. Y RECEIVED OCT 2 4 2000 CLERK BOARD OF SUPERVISOtS CONTRA COSTA CO. 2 oc 1 fA &� (.510) �sv - its-/ . _ __ BOARD AM NOVEMBER 14, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (paragraph 1V below), given pursuant to Government Code Section 913 and 915.4. please note all "Warnings". OCT AMOUNT: $25,000.00 COU"TY CCUN8LL MAI i INEZ CALIF. CLAIMANT: KIMBERLY J. ESTABROOKE ATTORNEY: c/o GREGORY STONE, ESQ. DATE RECEIVED: OCTOBER 19, 2000 LAW OFFICES OF WILLARD E. STONE OCTOBER 19, 2000 ADDRESS: 2855 MITCHELL DRIVE, STE 1.09 BY DELIVERY TO CLERK ON: WALNUT CREEK CA 94598 LAND-DELIVERED BY MAIL POSTMARKED. n. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated. OCTOBER 1_19, 2000 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Sup isors ( This claim complies substantially with Sections 91.0 and 910.2. ( ) This claim NAILS 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: Alf Dated: By: Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). �IV BOARD ORDER: By unanimous vote of the Supervisors present: . This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated d:e PHIL BATCHELOR, Clerk, By G Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NIAEUNG 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 certifiedcopyof this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: �f7 ` By: PHIL BATCHELOR ByQDeputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 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 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 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp xI135ERLY J. ESTABROOKE ) RECEIVED Against the County of Contra Costa i �„►{3000 OCT z g ory �CLERK BOAR[ OF SUPERVISORS SAN RAiv;ON POLICE L7I;F�t, " District) CONTRACOSTACO. (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of 2 5,4 0 0 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Date and Hour) ----lyay_?2_. ?4PQ_s _%VpX_QuiMAte�_y_8- -am----------------------------------- 2. Where did the damage or injury occur? (Include City and County) __ Walnut _Creek,_Centre _Costa_County----------------------------------------- 3. Dow did the damage or injury occur? (Give fiill details;use extra paper if required) ClAimant was traveling southbound on South Main Street in Walnut Creek when she stopped' to let a vehicle turning in front of her proceed. The vehicle behind her stopped, but the vehicle driven by Officer Elli.ngworth did_net_ tcpad } _ _ � ilita_e;aimtrs 4. What particular act or omission on the part of county or district officers, servants, or employees caused ehi c l e. injury or damage? Due to Officer EllingworthA driving at unsafe speed for the condit;i6ns, in violation of vehicle Code Section 22350, she was unable to st® her vehicle in time from striking the vehicle in front of her, pushing it into claimant's vehicle. (Over) •auu pue luamuosudmi gans gloq dq.io `(000'oI$) sxellop puesnogl uol Suipaaaxa lou 3o aut;a dq'uosixd alels aql ut luamuosudmi 2Cq xo'auu R puu lumuosudim gans gloq dt xo'(000'I$) sxellop purasnogl auo guipaona lou,lo auu u dq 'xuad auo uegl axom lou 3o pouad a xoj lief dlunoJ agl ui luamuosudmi dq xaglia algegsiund si lunum to 'xag3noA'lunonr 'lpq Itump lualnpnux;xo asle3 duu 'auinua2,lt amus aql dud xo molle of pazixoglne'xaaUjo to pxeoq laulsip xo filia 'Clunoa Cue of to'xaatuo xo pxeoq azuls dug of luamded xo;xo aaurmolIv xoj sluasaxd'pngx3ap of lualui gliAi'oqu uosxad UaA3,, :saplAoxd apoj leuad aql;o ZL uoipnq aaI10N MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM 1SSZ—LZ8 (SZ6) oK auogdala L T I L T—S£6 S Z 6 oK auogdolaz 0ZSV6 FID paOOUOO (ssaxppy) V# aupq qog ZS8T 86SV6 KO �{aaa0 4nulpM 60T 94TnS 'caATa(j_TT�14`� Tll SS$Z {axnleu iss�lu. 43 auO'4S •a pa1?11iM ;o s90T;jo Mp'I •bsa 'MOZS 7MODSHE) dauxolid 3o ssaxppv pug aureK amoss Axooauc) �-jfugaq sig uo uosxad amos.Cq xo (dauxonv) :OZ SaalLOK (Imas luemielo agl dq pau2is aq lsnm uimla aq,L„ :sapYAoxd Z-0I6 -Jas ap00 A00 M M M M M M M M M M M "E�fM M M M M M M M M M M M M M M M M M M M M M M M,,t� M M M M M M M M O'�sti'�► '$ sex u T aTs�`tct SUTO U0 09'06*/$ saaTAaas gglvaH v3sOD nxIuOO lu lu9m3vaal 00-9T76 00 '0�T 'sA.Pa--x pu>? tUOO.z Xouabaauza 00-0£-9 08"£901T$ -sAIPa—x pup arOOa hOuabaatuR 00-ZZ—S a.unowd Wall alva :dxnfni xo luapiJJe sigl jo lunoJJe uo apem nod saxnllpuadxa aql lsiZ .6 •9ou9a9�aa hq uTaaaq pageiadaoouT pup ogaxau p9uo9ggs 18 .qupuigopgqv eas •slelldsog pug'samop'sassau !mjo sassaxppg pug samuK -g ----------------------------------------- 00 ' ZZ' T T"Ta iuzxoacTcl�" T,?TIA;DA 0'4 _- ab:etupp 'aiuTq sT14-4 -4-e uMouxun sSOT abpm can-4nj . :000 '£ $ AT9gpulTxoadd-e go qunouuv auq uT s9suacTxa TVOTp9ut aangnj ! 00 '000 'S$ go qunotup 9g9uaTxOadav 91414 UT s9bLM '4 SOT -00 '000 'Z $ AT9-atuTxaarTcTP 90 STT-Eq T-'ozpal.i (•a2sutep xo,Can£u{aA{3adsoxd,Cuu jo;unoutu pa;euipsa atp apnpul) zpalndmoJ lunome pawmp anogru aql sum,AoH •r, ------------------------------------------------------------------------------------- •pa14O-e-.-4v s94Put-Ps9 Oml • ££ ` £ZT ' T$ AT9-.PtuTxoaddv 4P p9gPtuT4s9 9TOT149A -1914 30 uoTgaOct aaaa 91414 04 9bPtuPd •Noaq pup 'saapZnogs 'xoeu aaq oq AanCuT uTPa4s Ta3TAa90-14suT4T14M P UT buT4Tnsaa puTgaq 3{ona-4s s'eM aqs ua14M paanCuT SPM '.uPuiT'sT0 (•aBvump%ne xoj sa;eutpsa oA!4 g3vnv paunep saamap xo saFtnftq jo imoa my aAxq) Zpallnsaz m1elo nod op sawn fui xo sailgu mp lugM •v ---------------4--uGiu'..IP('9 � a0-cTi)d- UOUIPII uPS Ru4-;0 "u-4xoMBUITTa anS- Kuu9d -- 4dxnfui xo a2umup agl 2luisneJ saadoldma xo'sluuAxas'sxa3Wo lJulslp xo dlunoJ;o saamu aql axe legt s ATTACHMENT 8 TO CLAIM FORM Re: Kimberly J. Estabrooke Date of Accident: 5/22/00 ATTACHMENT 8 TO CLAIM FORM A. VVIISSFS Kimberly J. Estabrooke 1852 Robin Lane#A Concord CA 94520 Kristina Lisa Bradley(driver of car gushed into claimant's vehicle) 201 Evelyn Drive Pleasant Hill, CA 94523 Penny Sue Ellingworth(driver of vehicle causing accident) 2220 Camino Ramon San Ramon CA 94583 B. MEMCAL TREAT11rIENT John Muir Medical Center P.O. Box 9005 Walnut Creek CA 94596 (Treating physician: Alice Bunter,M.D.) Date: 10112100 04:00 PM Estimate ID: 1837 Estimate Version: 0 Preliminary Profile ID: Mitchell SIMPLY SUPERIOR AUTO BODY 2110 Market Street Concord,CA 94520 (925)680-6946 Fax: (925)680-6961 Damage Assessed By: Rich Leacano Deductible: UNKNOWN Owner KYM ESTABROOKE Address: 1852 APT A ROBIN LN CONCORD,CA 94520 Telephone: Work Phone: (925)209-4442 Home Phone: (925)827-2557 Mitchell Service: 912621 Description: 1993 Ford Ranger XLT Body Style: 2D PkupXCb 6'Bed 125"WB Drive Train: 2.31-Inj 4 Cyl 2WD VIN: 1FTCR14AOPPA81918 License: 41.112541 CA Mileage: 7,127 Calor: GREEN Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 224820 BOY REPAIR L PICKUP BOX SIDE PANEL ASSY Existing 1.0*# 2 AUTO REF REFINISH L BED SIDE PANEL OUTSIDE C 2.8 3 225470 BOY REMOVE/INSTALL R BED W/O MLDG 0.3 4 AUTO BOY OVERHAUL REAR BUMPER ASSY 1.1 5 228500 BOY REMOVE/REPLACE REAR BUMPER STEP TYPE BAR YLSZ 17906 MA 350.00 INC 6 228510 BOY REMOVEIREPLACE REAR BUMPER STEP PAD F37Z 178807 B 63.97 INC 7 228530 BOY REMOVE/REPLACE R REAR BUMPER MOUNTING ARM F37Z 17787 A 8.65 INC 8 228540 BOY REMOVEIREPLACE L REAR BUMPER MOUNTING ARM F37Z 17788 A 7.03 INC 9 936012 ADD'L COST HAZARDOUS WASTE DISPOSAL 5.00* 10 AUTO REF ADD'L OPR CLEAR COAT 1.1 11 933003 REF ADD'L OPR TINT COLOR 0.5* 12 AUTO REF ADD'L OPR COLOR SAND 3 BUFF 0.8 13 933018 REF ADD`L OPR MASK FOR OVERSPRAY 7.80* 0.3* 14 AUTO ADD'L COST PAINT/MATERIALS 123.20* * -Judgement Item #-Labor Note Applies C -included in Clear Coat Calc Add'I Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals 11. Part Replacement Summary Amount Body 2.4 65.00 0.00 0.00 156.00 Taxable Parts 429.55 Refinish 5.5 65.00 7.80 0.00 365.30 Sales Tax 8.250% 35.44 Non-Taxable Labor 521.30 Total Replacement Parts Amount 464.99 Labor Summary 7.9 521.30 ESTIMATE RECALL NUMBER: 10/12/00 16:00:04 1837 UltraMate Is a Trademark of Mitchell International Mitchell Data Version: OCT_00_A Copyright(C)1994-2000 Mitchell International Page 1 of 2 Ultra Mate Version: 4.6.004 All Rights Reserved Date. 10112100 04:00 PM Estimate ID: 1837 Estimate Version: 0 Preliminary Profile ID: Mitchell III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 123.20 Customer Responsibility 0.00 Sales Tax @ 8.250% 10.16 Non-Taxable Costs 5.00 Total Additional Costs 138.36 I. Total Labor: 521.30 II. Total Replacement Parts: 464.99 III. Total Additional Costs: 138.36 Gross Total: 1,124.65 IV. Total Adjustments: 0.00 Net Total. 1,124.65 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. ESTIMATE RECALL NUMBER: 10/12/00 16:00.04 1837 UltraMate is a Trademark of Mitchell International Mitchell Data Version: OCT_00_A Copyright(C)1994-2000 Mitchell international Page 2 of 2 UltraMate Version: 4.6.004 All Rights Reserved 09/19/2000 at 02:56 PM Job Number: 17908 MIKE ROSE'S AUTO BODY INC. License #:BAR# AA07562 Federal ID #:942621349 WHERE QUALITY COUNTS 2001 FREMONT STREET CONCORD, CA 94520 (925) 686-1739 Fax: (925) 686-1744 PRELIMINARY ESTYMATE Written by: KIRK JENNINGS # Adjuster: Insured: KIM ESTABTROOKE Claim # Owner; KIM ESTABTROOKE Policy # Address: 1852 A ROBIN LN Deductible: CONCORD, CA 'Date of Loss: Business: (925) 209.4442 Type of Loss: Evening: (925) 827-2557 Point of Impact: 6. Rear Inspect MIKE ROSE'S AUTO BODY INC. Business: (925) 686-1739 Location: 2001 FREMONT STREET CONCORD, CA 94520 Insurance Company: Days to Repair 1993 FORD RANGER 4X2 SUPERCAB 4-2 .3L-FI 2D P/U DA-TEAL Int: VIN: 1FTCR14AOPPA81918 Lic: 4U12541 CA Prod Date: 04/1993 Odometer: 96214 Intermittent Wipers Tinted Glass Dual Mirrors Clear Coat Paint Metallic Paint Power Steering Power Brakes Anti-Lock Brakes (2) Split Bench Seats Rear Step Bumper Automatic Transmission - NO, OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 REAR BUMPER 2 O/H rear bumper 0 0.00 1.2 0.0 3 Repl Face bar step type w/o Splash 1 350.00 Incl. 0 .0 4* Repl Step pad w/Splash black 1 63 .97 0.5 0.0 5 Repl RT Arm outer w/chrome 1 6.05 Incl. 0.0 6 Repl LT Arm outer w/chrome 1 6.05 Incl. 0.0 7 Rept RT Arm inner 1 8 .55 Incl. 0.0 8 Repl LT Arm inner 1 7.03 Incl. 0.0 9 REAR LAMPS 10 Repl LT Tail lamp asst' 1 44 .20 0.3 0.0 11 PICK UP BOX N 12* Rpr LT Side panel 6 ft box w/o whl 0 0.00 1-.0 2.9 13 Add for Clear Coat 0 0.00 0.0 1.2 14# Repl COVER CAR 1 5.00 T 0.2 0.0 15# Refn TINT COLOR 0 0.00 0.0 0.5 ------- Subtotals 490.85 3 .2 4 .6 1 f 3-� 09/18/2000 at 02:56 PM Job Number: 17908 PRELIMINARY ESTIMATE 1553 FORD RANGER 4X2 SUPERCAR 4-2,3L-FI 2D P/U DA-TEAL Int: Line 12 : SMALL CHIP BEHIND L/BUMPER END Parts 485.85 Body Labor 3 .2 hrs @ $ 60.00/hr 192.00 Paint Labor 4.6 hrs @ $ 60.00/hr 276.00 Paint Supplies 4.6 hrs @ $ 25.00/hr 115.00 Sublet/Misc. 5.00 ---------------------------------------------------- SUBTOTAL ---------------------------------------------------SUBTOTAL $ 1073.85 Sales Tax $ 605.85 a 8.2500% 49.98 ---------------------------------------------------- GRAND TOTAL $ 1123.83 ADJUSTMENTS: Deductible 0.00 ---------------------------------------------------- CUSTOMER PAY $ 0.00 INSURANCE PAY $ 1123. 83 THIS IS A PRELIMINARY ESTIMATE AND ADDITIONAL CHARGES MAY BE REQUIRED FOR THE ACTUAL REPAIR. Est-mate 'based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk(*) items are derived from the Guide GR2MD93. Database Date 7/2000. Double asterisk(**) items indicate parts supplied by a supplier other than the original equipment manufacturer. Pound sign (#) items indicate manual entries. CAPA items have been certified for fit and finish by the Certified Auto Parts Association. NAGS Part Numbers, Prices and Labor Times are provided from National Auto Glass Specifications, Inc. Pathways -- A product of CCC Information Services Inc, 2 CI..AIM C l ( MRDAA_ OO NO ER. 14, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. 1 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given -\1 = pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: NONE S'TA'TED OCT 113 7000 COUNTY COUNSEL CLAIMANT: PHILIP FIELDS MARTINEZ CALIF, ATTORNEY: DATE RECEIVED: OCTOBER 17, 2000 ADDRESS: P. O. BOX. 664 BY DELIVERY TO CLERK ON: OCTOBER 17, 2000 EL CERRITO CA 94530 BY MAIL POSTMARKED: HAND-DELIVERED L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PAIL BATCHELOR, Clerk Dated: OCTOBER 17, 2000 By: Deputy __ qfw".J U. FROM: County Counsel TO: Clerk of the Board of SupeYvisors ('x ) This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ) Other: z Dated: 1 20 By. ' - Deputy County Counsel M. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 14Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: L) ABy: PHIL BATCHELOR By Deputy Clerk CC. County Counsel County Administrator MEMORANDUM CONTRA COSTA REGIONAL --r -- MEDICAL CENTER CONTRA COSTA CONTRA COSTA HEALTH SERVICES HEALTH CENTERS 2500 Alhambra Avenue Martinez, California 94553 WVOY 925 370-6195 October 16,2000v 0 C-1' 17 2000 To: Ron Harvey, Risk Manager From: Cyndy Abram for William Walker,Health Services Director Re: Philip Fields Contra Costa Regional Medical Center received the"official Tort Claim"regarding the above-- named patient. enc.: Claim -, RECEIVED CLERK BOAR OF SU RVISORS CONTRA COSTA CO. •Contra Costa Substance Abuse•Contra Costa Emergency Medical Services•Contra Costa Environmental Health•Contra Costa Health Plan• •Contra Costa Hazardous Materials•Contra Costa Mental Health• Contra Costa Regional Medical Center•Contra Costa Health Centers• 7X L vi/o nom► m C - PI 4 C rc��� AOL n� '$ . �► . f"u�+7r f/it e 5 7V Ch'i't' NS C; l 942, , LC 5C 2,9v5c f c� scct9f 3 , +,c e. . /* �AAUj- �06 S6 4 1 a&ov%Z,, !' wad Unc c n 'i Shy, � 1 r, Sha ' "Or t f� , r-w Jif r5 S (f TS#E-ESO-9Tb ZE:TT 0O0zfOEl6O CLAIM -BOARD OF SUPER'YMSORS OF CO-NIRA COSTA COUNTY. C'AlI,iFOl2NA_ 4 BOARD ADTIt NoyEMBER 14, 2ooc Claim Against,the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings AMOUNT: Exceeding $10,000.00 COU'N'TY COUNSEL CLAIMANT: Elizabeth Kitty Fulcher MAR°i`NEZ CALIF. ATTORNEY: c/o _Nicholas Mastrangelo, Esq-DATE RECEDED: OCTOBER 16, 2000 A Professional Corporation ADDRESS: Two "Theatre Square, Ste. 234 BY DELIVERY TO CLERK ON: OCTOBER 16, 2000 Orinda CA 94563-3346 BY MAIL POSTMARKED: OCTOBER 13, 2000 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: OCTOBER 16, 2000 By: Deputy IL FROM County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 79 Z&oD Deputy County Counsel U TIC. FROM Clerk of the Board TO: County Counsel (1) my Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:`Wo l Lc)PHIL BATCHELOR, Clerk, By 4i'` Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant addressed to the claimant as shown above. i!:4�Dated: 313y: PHIL BATCHELOR 13 d eputy Clerk CC: County Counsel County Administrator 1 EDWARD M. MASTRANGELO, ESQ. (S.B.#83720) NICHOLAS J. MASTRANGELO, ESQ. (S.B.#160495) 2 MASTRANGELO LAW OFFICES A Professional Corporation 3 Two Theatre Square, Suite 234 Orinda, California 94563-3346 RECEDE 4 Telephone: (925) 258-0500 5 Facsimile. (925) 254-0550 OCT 1 6 ?000 6 Attorneys for Claimant CLERK BOARD OR SUPERVISORS CONTRA COSTA CO, 7 8 9 10 GOVERNMENT CODE CLAIM 11 TO THE GOVERNING 'BODY OF: County of Contra Costa 12 13 OUR CLIENT AND CLAIMANT: Elizabeth Kitty Fulcher 14 15 DATE OF INJURY: April 16, 2000 16 17 PLACE OF INJURY: Intersection of Bailey Road and Highway 4 on-ramp, 18 approximately 3721 north of Maylard Street, County of 19 Contra Costa, State of California. 20 DESCRIPTION OF INCIDENT: Pedestrian Elizabeth Kitty 21 Fulcher was struck by a motor vehicle while crossing in a 22 crosswalk at the above- described intersection with a 23 green light, on April 16, 2000 . The accident was the result of 24 the negligent maintenance, design and construction at and 25 of the intersection. The intersection, including traffic 26 controls constituted a dangerous condition of public 27 property. 28 NATURE OF DAMAGES: Quadraplegic . - 1 - S 1 AMOUNT OF DAMAGES: Pursuant to Government Code §910 . 11 (damages exceed $10, 000 . 00 as well as the jurisdictional minimum of the 3 Superior Court . ) 4 ADDRESS TO WHICH NOTICES Nicholas J. Mastrangelo, Esq. , 5 SHOULD BE SENT: MASTRANGELO LAW OFFICES, Two Theatre Square, Suite 234, 6 Orinda, California 94563 . 7 (510) 258-0500 8 Date : October 13, 2000 9 10 Nuc o aJ M strap e Esq. 11 Attorney r Claimant 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 - MASTRANGELO LAW OFFICES A PROMMONAL CORPORATION EDWARD M.MASTRANOELO TWO THEATRE SQUARE,SUITE 234 TELEPHONE(925)258-0500 NICHOLAS J.MASTRANGELO ORINDA,CALIFORNIA 94563-3346 FACSIMILE(925)234-0550 October 12, 2000 BY REGISTERED MAIL; RETURN RECEIPT REQUESTED RECEIVED --_ �w" State Board of Control OCT 16 2000 Government Claims Division Post Office Box 3035 ICLERKIB�OAtRDUOUFFS pERVI COAR .9��U FWI RS ONTRA COSTA Co. Sacramento, California 95812-3035 Clerk, City of Pittsburg 65 Civic Avenue Pittsburg, California 94565 Clerk Board of Supervisors County of Contra Costa 651 Pine Street #106 Martinez, California 94553 Re: Claim of Elizabeth Kitty Fulcher Date of Loss : April 16, 1.999 Dear Sirs : Enclosed please find an original and three copies of a Government Code Claim for filing. Kindly return a date-stamped copy in the envelope provided. Thank you for your courtesy and cooperation. Very truly yours, NICHOLAS MASTRANGE NJM/jl Enclosures t � y/ V► y� i. "tap 4 t., w Y' y .rte vim" R 0 0 � Wy rt �• m 1»l VC y,, w a � Y i�i \V tri ~ C� Yh R vp W » 0 ri %D W n ,p M Lin Ln w INK - r f� CLAM MD A0NOVEMBER 14, 2C Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. i;J_ notice of the action taken on your claim by the Board of Supervisors. paragraph lit below), given pursuant to Government Code Section 913 and OCT 1 0 2000 915.4. Please note all "Warnings". AMOUNT: $100.00 �:,OuNrrY -_=NSEt., CLAIMANT: ROBIN KRESKE MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: OCTOBER 10, 2000 ADDRESS: 105 TRACY COURT BY DELIVERY TO CLERK ON: OCTOBER 10, 2000 AI AMO CA 94507 BY MAIL POSTMARKED: _ OCTOBER 71 2000 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: OCTOBER 10, 2000 By: Deputy Ii. FROM: County Counsel TO: Clerk of the Boar of Supervisors ( x,,�'This claim complies substantially with Sections 910 and 914.2. ( ) This claim TAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) 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: %t �1 ct� B Dated; y;, _—�'�`--' Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claire is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated t PHIL BATCHELOR, Clerk, BY &,��:�eputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated?W, l - By: PHIL BATCHELOR By eputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTION'S 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 Code Sec.72 at the end of this form. RE: Claim by } Reserved for Clerk's piling Stamp ) ) Against the County of Contra Costa or District) (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of Sand in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact hate and Hour) 2. !Where did the dam pr i - 74eccur? (Include City and county) _______ _ ________ ______ _________ �# cri 1�cSS 1l'+�'11GtCC l+1ta S i C 4 tA— Al.11e— #tHca e A- ef ohL ` ------------------------------------------------------------------------------------- , 3. How did the damage or injury occur? (Give tilt details;use extra paper if required) , c�ar� tttp+ttK. vtl;G- he7" °fn1L. w,+S bet;j Wref tO +04 ,%teociCct . n1 IfLcru0t,o, s k„r,c,e wed it* -rete ��.t.J� ��t�..� to not-r� ,rht mad, l+o ,3,*1ris ec-1 - 1 a(dowc up �rAe rfood arld u4 e44- ..,H7h h6r,jltj tf+t�� -__ __-__-_--J----------------------------------------------------------- _--- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? y (45 - p S f L+Cti G1t✓.`e rtD i(� e�S IriGErl i.l�(�y hl " QIt ttil �� C40 V Ut-.�AL �V ac,c tfrl- e-Gf- (Over) -aura pug luaumuoslxdml uans gloq Sq xo r(000'OIS) sxe(lop puesnogl uax gulpaaaxa lou Io aulja Cq°uosxad aigls oql ul Iuamuosixdmi Sq xo lauU pug IumuosiAmi gans gloq Sq xo s( 000115) sxg(lop puesnogl auo Su►paana lou 3a auU g Sq IxeaS auo ungl axom lou,Io pound r xo3 lief Slunoa aql ur Iuamuosrxdml Sg xatpja algeuslun(I sI°2uIIIxM ao'xaganOA;lunoam `IIIq 'cumla lua(npnex,I xo as(g3 Sur laulnuat 3I auzgs aql Sed xo Molpe of pazrxoulne 4xaaij;o xo pxeoq Iaulsip xo AIIa fSlunoa Aug of xo'xa3Ujo xo pxgoq alels Sue of IuamSed xol xo amre Ao(le xoI sluasaxd'pnex;ap of lualul gll.►►'ouM uosxad 2WAH„ :saplAoxd apoj leuaj agl,lo ZL uotpaaS �� X ,LOI�I M M M M M M M M M M M M M M M M M M � M M M M M * M MMM M 'M M M M iF M M x M M M M M M M M M M M 3F M M M M M r � •o,au,gdalay •oX auogdalay ' tit; � (ssaxppy) -2 7 t1 .Sol (axnlgu�IS s�iaeuYleI�) UU Cauxony Io ssoxppv pug acuem �s Ilegaq sIq uo uosxad amos Sq xo (Sauxonv) :01 saxION (IK3s iuemrela aqi Sq pawls aq lsnm Lump aql,, :saplAoxd Z-016•aaS apaJ 'AO-q M M M M M M M M M M M M 9iP. M M M M M M M M M M M M M M M M iG M M M M M M M M M M M M M M M M M M M M M M M M M sncnor�� Wall Alva :Sanfu!xo Iuappag sigl;o Iunoaae uo apvw no,(saxnllpuadxa aqi Isi l '6 ------------------------------------------------------------------------------------- s{elldsoq pug tsxolaop°sassaui!m jo sassaippg pug sawVN •g _____________________________________________________________________________________ rr ('038uu+p so Sante aApaadsozd CtrS JO;unouze pa;mupsa alp apnpUl) 4paindUIO3 innonie paUaM(a aAoge aql sgM Mo$ L ------------------------------------------------------------------------------------- �) y17i'x( N arae v Iver N) i �U ` wilt -V V,2 ;q-L 04- 4) `AO4 W 1� � . W I �. ProY A2I.2),LY ..LO;f a� x-�rr�,o r ru —3S 00 - ,, ,r y1 16bl (-aaeutep o;ne so,;sapmPsa o,ua xpv?v "paugtga sasutusp xo salinpgjo;ua;xa wu aA;!)) Zpallnsax uclgla noS op sawn fuI xo safgurep IgqAj 4Sxnful xo a2euaep aqi 2ursnea saaSolduua to'simuas'sxa-39io 43UISIp xo Slunaa;o sauigu aql axg IgqAA, .5 ............. . ...... . ..... `k WORK GIRDER# 0 5 V 5� 's DETAIL DEPARTMENT DATE SERVICE ORDER Detail Phone#(925)901-1400 x3 NAME ADDRESS f(Z fi CITY,STATE,ZIP 1,4 G 17 HOME# _y_ WORK# CELL PHONE# PAGER# �Z L - q VEHICLE MAKE YEAR MODEL LICENSE PICKUP TIIAE DETAIL PACKAGES INTERIOR$ EXTERIOR $— ❑ ELITE $ ❑ ULTIMATE$ EXTERIOR SERVICES r SERVICES COMMENTS PRICE CARNUBA WAX PAINT SEALANT PAINT RESTORATION POLISH CLEANER&GLAZE CLAY SERVICE OVERSPRAY REMOVAL TAR REMOVAL WHEEL POLISHING PAINTLESS DENT REMOVAL WINDSHIELD CHIP REPAIR PAINT TOUCH-UP VINYL/CLOTH TOP SHAMPOO&PROTECTION 7- INTERIOR SERVICES TRUNK CLEAN/SHAMPOO CARPET SHAMPOO UPHOLSTERY SHAMPOO VINYL PROTECTANT LEATHER CONDITIONING FABRIC/CARPET PROTECTANT ODOR ELIMINATION PROCESS TOTAL CUSTOMER COPY Sponges foam Wash Ph#s 901-1400 8:E5am 10-07-00 SHIFT# 7 TERMINAL# 1 CA23MVS189 S# 1851 Exterior Pkg 140. 00 TOTAL $e 140. 001 Other CC 140. 00 . ------------------- SPONGES THANKS YOU FOR YOUR PATRPNAGE. 1�LA£E JAVEx 10 HANDWASH RECEIPTS FOR 20% OFF YOUR NEXT FULL RETAIL er 5.— lk r "3 fir+^ i C%o r CILAIM ROARS OF SUffJMS0RS OF CONTRA COSTA CO2ins CAi TFORNIA OWD ACTl01>t NOVEMBER 14, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. notice of the action taken on your claim by theRE M3377T Board of Supervisors. (Paragraph IV below), Oven R pursuant to Government Code Section 913 and 'T q 915.4. Please note all "Warnings" COUNTY COUNSEL AMOUNT: None Stated (only estimates) MARTINEZ CALIF. CLAIMANT: MARK NOLAN ATTORNEY: DATE RECEIVED: OCTOBER 19, 2000 ADDRESS: 22 ADOBE DRIVE BY DELIVERY TO CLERK ON: OCTOBER 19, 2000 CONCORD CA 94520 BY MAIL POSTMARKED: HAND-DELIVERED L FRONT: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Cler Dated: OCTOBER 19, 2000 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supery ors ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: ` 1 ` - By: ' Deputy County Counsel M FROM: Clerk of the Board TO: County Counsel (1) County Admi istrator (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: t)d /V PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NIAEUNG 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. -)ated 0, 40 O By: PHIL BATCHELOR By r,� Deputy Clerk C: County Counsel County Administrator Clain 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 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 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. .RE: Claim by ) Reserved for Clerk's piling Stamp MAKJ;L AJ CA q��o RECEIVED ) Against the County of Contra Costa . OCT 1 9 2000 or - CLEAN RS District) (Fill in Name) The undersigned claimant hereby mattes claim against the County of Contra Costa or the above named District in the sutra of S and in support of this claim represents as follows. 1. When did the damage or injury occur? (Give exact trate and Hour) -R 2. Where did the damage or injury occur?_(Include City and County) ----`__-____j____ E FOk f60 fit f/1 60 y (50INCY ""'Mou -r lt4-rMPL-L ---------------_-------_- ___-_-_--__-___-__-___--______--____-_-___----------------- 3. How did the damage or injury occur? Give tall details;use extra paper if required) to Lt A rot 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 1, y ft ,� O 0 E.. 'tom. �` 0�jI 1tT, l� � ' i . My W11 ,+ •aull pue Iuanuuosiadmi gans gloq 9q xo `(000`OI$) sxullop puesnogl ual 2ulpaaaxa lou jo auU a Sq'uoslxd ams aql ut Iuamuosuduu Sq x0'aUU pue Iuamuostxdxal Bans gloq Sq xo °(OOWIS) sxullop puBsnoq; aruo Sulpaaaxa IOU jo auU a Sq ixeak auo ungX axaul IOU,lo pouad u xo3 l!uf Slum aq;ul luauxuosuduil Sq xaglla alqugslund sl iguiR."A xo Ixaganah tlunaaae `lllq Iwrula lualnpnux;xo asln3 Cue`aumua2,lc autos aql Sud xo mollu of pazixaglnig lxaaUjo xo pauoq Iaulslp x0 nlla'Slunoa :Cue of xo°xa,3Wo xo pxuoq alels Cue of luouc9ud ioj xo aauuiollu xo;sluasaxd 1pnux,Iap al;ualu!gll,u{ages uasxad n m%, :sapinoxd apo luuaa aql 10 ZL uOYlaaS a3I10N �+✓ ,� ��'T"'��� aS7 auaqdalai •n�. auntldalarv„ (axnleu rS s jueuxxel�) �auxollV 3o ssaxppy pue auuvK f{'jlegaq slq uo uosxad autos iq xo (Sauxonv) :©3.SaJI.Irom auras lueuilela aql Sq pawls aq Isnut uilula aq t,, :sapYeoxd Z•0I6•aaS apaJ •eo0 .INTIOW- Wall LIQ :San rut xo luaplaau slgl 10 lunoaae ua apuui nah sam41puadxa aql Isl'I -6 -------------------------------------------------- ------------------- -siulldsoq puu'sxalaop'sassau*n 3o sag axppe puu sauzuK •g < aSmuvp,to inful aalsaadsosd.,Cus;o lunoum papurpsa alp aputaul) wpalnduraa Iunoum pauuula aeoge ayl sum_snag �L --_- ro " �+' `�°' ! ' .4j (• limp rave aol sa;sugpa oval uaeuv `pa�1��sas"Milp ao sayinful jo lualsa TM ae};t) Gpaljnsax uvula nog op saixnCur xo sa3eutup 1ugM � T7 9 4:Cxnfui xo a3vmvp aql ursne saa alduxa to°slu rmaas°siwwo larxlsxp x0�lunaa la sawuu aql a luq� r l� 10/19/2000 at 10:20 AM Job Number: 21975 MARTINEZ AUTO BODY SHOP Federal ID ##:942574428 615 ALHAMBRA AVE MARTINEZ, CA 94553 (925)228-3689 Fax: (925)372--6546 PRELICCMY ESTIMATE Written by: GARY HERNANDEZ # Adjuster: Insured: MARK KOLAN claim ## Owner: MARK KOLAN Policy #F Address: Deductible: Date of Loss: Day: Type of Loss: Evening: Point of Impact: Inspect Location: Insurance Company: Days to Repair 1981 TOYO COROLLA. DELUXE 4-1.8L 4D WGN SILVER Int: VIN: JT2TE72WXB5068197 Lie: 2AIL141 CA Prod Date: Odometer: Rear Defogger Tinted Glass Body Side Moldings Power Brakes Bucket Seats Recline/Lounge Seats Styled Steel Wheels ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR FAINT ------------------------------------------------------------------------------- 1 COWL & WINDSHIELD 2** Repl A/M Windshield Toyota glass ti 1 2.35.06 X 0.0 ------------------------------------------------------------------------------- Subtotals =s 239.06 0.0 0.0 Parts 0.00 Sublet/Misc. 239.06 ---------------------------------------------------- SUBTOTAL $ 239.06 ---------------------------------------------------- GRAND TOTAL $ 239.06 1 10/19/2000 at 10:20 AM Job Number: 219" 5 PRELndl NARY ESTIMATE 1981 TOYO COROLLA DELUXE 4-1.8L 4D WGN SILVER Int: ADJUSTMENTS: Deductible 0.00 ---------------------------------------------------- CUSTOMER PAY $ 0.00 INSURANCE PAY $ 239.06 THIS ESTIMATE MAY BE SUBJECT TO APPLICABLE DEDUCTIBLE. UNDER CALIFORNIA CODE OF REGULATIONS, TITLE 10, CHAPTER R, SUBCHAPTER 8, SECTION 2695.8.D.2.C, YOU ARE ADVISED, THAT YOU HAVE THE RIGHT TO HAVE ANY REPAIR FACILITY OF YOUR CHOICE TO DO THE REPAIRS TO YOUR VEHICLE. HOWEVER, YOUR INSURANCE COMPANY CAN REASONABLY ADJUST ANY WRITTEN ESTIMATES PREPARED BY THE REPAIR SHOP OF YOUR CHOICE. IF YOU CHOOSE TO USE AS REPAIR FACILITY SUGGESTED BY YOUR INSURANCE COMPANY, THEY WILL GUARANTEE THE DAMAGED VEHICLE TO BE RESTORED TO ITS PRE-LOSS CONDITION AT NO COST TO YOU OTHER THAN AS STATED IN THE POLICY (I.E. POLICY LIMITS OR DEDUCTIBLE OR ALLOWABLE DEPRECIATION. THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk(*) items are derived from the Guide AOM8203. Database Date 5/1996. Double asterisk(**) items indicate parts supplied by a supplier other than the original equipment manufacturer. Found sign (#) items indicate manual entries. CAPA items have been certified for fit and finish by the Certified Auto parts Association. NAGS Part Numbers, Prices and Labor Times are provided from National Auto Glass Specifications, Inc. Pathways - A product of CCC Information Services Inc. 2 .............. ; 1111 1A7e 5 .x�•Yfs..�1 ,<j t3 3 � .a di" 0114 4521e 151v&6414 'afi° .' }Rt^•. 1« + SPEwe care CONTRACTOR LICENSE# > STATE SALES TAX# c� fiff,1.16 M-21OfcI NI 3 .. CUSTOMER STATE TAX OR EXEMPT NO, CUSTOMER FEDERAL TAX I.C.NO BOUriCE SALESMAN I.D. ORDER TAKEN BY INSTALLED BY FEDERAL TA%16.Nt]: 10 SOLD TO; CUSTOMERMAp�. Nl1.It:AN DR } Df t INSURANCE PROOF OF LOSS INSURANCE CO. POLICY N€3. INSURANCE CO. PHONE NO. CLAIM NO. CAUSE& POLICY NAME LOSS LOCATION AGENT NAME VERIFIED BY AGENT PHONE DATE OF LOSS DEDUCTIBLE VEHICLE INFORMATION My Part P#u>'ber IN-scr i Pt i 0€� �.i�y �< wa . I,.Iis I.Al 055 5 i�X�.fa'y WORK AUTHORIZATION > I,hereby authorize the above work to be done together with the necessary material, but request that you Contact me if the cwst of the sefmricas exceed the amount reflectedon.this invoice. NATE OF WINDSHIELD 0 NOT REPAIRABLEIREPL.ACEMENT NECESSARY El REPAIR TRIED AND REFUSED BY. 0 DAMAGE IN CRITICAL SIGHT AREA ❑ OWNER 0 THE REPAIRMAN 0 REPAIRABLE—REFUSED BY OWNER AUTHORIZATION TO PAY thereby authorize and empower the above-named Insurance company to pay this invoice In fait settlement, satisfaction and discharge of all loss under the above policy.Upon such paymentj all rights I may have for claim and demand far loss and damage described above against the above named Insurance company shall be thereby, forever discharged.In the event that the above named insurance comparw does not make timely and/or full 3, payment of thus invDlce according tD Its terms,I hereby accept responslbilliy for such payment and agree to payal! Charges reflected on this Invoice to SpeodyAuto&WIndow talars subject to and ming to alil term and Conditions on the reverse side of this invoice. TERMS CUSTOMER'S SIGNATURE TOTAL .. .. ... .. ... .. r .,. ,,.... .: SAL TERMS: NET 30 DAYS,SERVICE CHARGE Of 11&%PER MONTH(18%PER YEAR)WILL BE CHARGED ON OVERDUE ACCOUNTS;, - E TRANSACTION IS SUBJECT TO TERMS AND CONDI771ONS ON REVERSE SIDE CIAIM C} ► F SUPEMSORS OF CONTRA O051A COUNTY, CA ,TFtMTA NOVEI+BER 14, 200 Claim Against the County, or District Governed by 1 the Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the rM37-t.1771 Board of Supervisors. (Paragraph IV below), given ` pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". U AMOUNT: UNSPECIFIED INE CLAIMANT: GEORGE ROEMER AND RENEE GOLDSTEIN ATTORNEY:c/o GREGORY L. MC COY DATE RECEIVED: OCTOBER 18, 2000 Gagen, McCoy, McMahon, & Armstrong ADDRESS: 279 Front Street BY DELIVERY TO CLERK ON: OCTOBER 18, 2000 P O BOX 218 Danville CA 94526-0218 BY MAIL POSTMARKED: HAND-DELIVERED L FRONE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL B HELOR, Cle k Dated: OCTOBER 18, 2000 By: Deputy II. FRONI: County Counsel TO: Clerk of the Board of Supervisors { } This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �2 (D00 By: ""` Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Xdministrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV,. BOARD ORDER: By unanimous vote of the Supervisors present: {� This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. C Dated: f�T"``— PHIL BATCHELOR, Clerk, By Deputy Clerk WARMING (Gov. code section 9F3) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAULING declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 1$; 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:')'"}, 14 2AL`� By: PHIL BATCHELOR BDeputy Clerk 'C: County Counsel County Administrator r R41 VE APPLICATION TO THE CONTRA COSTA COUNTY OCT g 2000 BOARD OF SUPERVISORS CLERK BOARD-0F.'uP> RviS0RS CONTRA COSTA CO. BY GEORGE ROEMER AND RENtE L. GOLDSTEIN This Application is made to the Contra Costa County Board of Supervisors pursuant to Government Code section 31 648 by GEORGE ROEMER and RENtE GOLDSTEIN ("Employees"), employees of the County of Contra Costa. Mr. Roemer and Ms. Goldstein were originally employed by the Criminal Justice Agency of Contra Costa County pursuant to a Joint Exercise of Powers Agreement between the County and various cities. Pursuant to a resolution adopted by the County Board of Supervisors on December 18, 1984, Employees became employed by the County of Contra Costa directly. At the time that Employees became County employees,they requested placement in Tier I of the County's retirement system.' Employees' request was wrongfully denied, and they were told they would only be allowed to participate in the Tier II pension plan offered by the County. The benefits available under Tier II are less than those available under Tier I. In 1995, Employees again revisited the issue of their eligibility for Tier I benefits and retained counsel in that regard who communicated with the Contra Costa County Employees Retirement Association ("CCCERA"). In reviewing the materials and underlying facts submitted by Employees, CCCERA concluded that Employees were in fact entitled to Tier I benefits. The CCCERA Administrator, Ms. Patricia Wiegert, corresponded with Employees, a copy of which is attached as Exhibit A,noting that a mistake indeed had been made in the failure to place Employees correctly in Tier I initially. In her letter Ms. Wiegert explained: 'The County Employees Retirement Law of 1937(and later amendments)established the CCCERA and set the framework for Contra Costa County's retirement benefit plan. Govt. Code§ 31751. Government Code Section 31751 authorized all County Boards of Supervisors to adopt a resolution specifying that County employees hired after 19801 be brought into the system as Tier H members only. The Contra Costa County Board of Supervisors adopted such a resolution(No.80-566)on May 27, 1980. FACLGLW2767MApplication Board of Suprs2.wpd `1` "[Y]ou are correct. Mr. Roemer and Ms. Goldstein should have been given retirement service credit as though they had been merit system employees of the county since their hire by the Criminal Justice A,*ency from which they transferred. Since this pre-dates the establishment of Tier II,they should have been placed in Tier I and given the opportunity to elect Tier II coverage when they first came under our system." At the time this mistake was acknowledged, Mr. Roemer was 62 years of age and eligible for retirement. Ms. Goldstein, while not yet eligible for retirement, had lost the benefit of payroll deductions, and related tax savings for a period of some 12 years, as had Mr. Roemer. As of the date of this Application, the Employee contribution that would be required of Mr. Roemer for Tier I benefits is the sum of$143,319.23. The amount that would be required from Ms. Goldstein is $106,640.70. Normally contributions to the retirement system are made by way of payroll deductions during the full course of the Employee's employment. Employees did in fact make payroll deduction contributions for Tier II benefits throughout the time when they were employed by the County. At a time when both employees are now eligible to retire, however, it is not practical for them to make the contributions that CCCERA is seeking for Tier I retirement level benefits by way of payroll deduction. This penalizes Employees for a mistake which was not theirs, and makes it impossible at this stage practically to obtain the level of benefits to which they are entitled. It is also inequitable and unfair to Employees to expect them at a time when they are eligible to retire to make a contribution from whatever savings they may have accumulated in order to receive a benefit to which they are entitled,but were denied through no fault of their own. The average retiree simply does not have the financial wherewithal,particularly when the retiree is marshaling his or her assets for retirement, to make a lump sum contribution to the retirement system of the magnitude that is involved in this case. Beneficiaries of a retirement system are owed a fiduciary duty, and it is a general and well recognized rule that pension provisions are to be liberally construed in favor of the FACLGLM1276731App1ication Board of Supn2.wpd -2- beneficiary. Tg=v. City of Berkeley(1953) 41 Cal.2d 698, 701-702. The beneficiary is in fact deemed to have a"vested right"to the pension benefits based on the system then in effect. Miller v. State of California(1977) 18 Cal.3d 808, 817. The impact of imposing a substantial, and in fact prohibitive, monetary penalty on Employees in order to participate in the benefits to which they are statutorily entitled is in violation of this statutory policy. Inasmuch as the error in excluding them from prior coverage was not theirs, it is inappropriate that they bear the entire financial burden of correcting a prior mistake for which they had no responsibility. Government Code section 31648 provides that the "governing body" may provide the contribution for an employee if it votes to make such contribution by a four-fifths (4/5) vote when an employee not previously included within a particular field of membership is subsequently brought into that field of membership. This super-majority requirement recognizes that the discretion granted to the governing body is to be exercised judiciously when special circumstances warrant. This is such a case. Employees are willing to make a contribution on their own part for the contributions that would have been owed by Employees during the period of time they were employed by the Contra Costa Criminal Justice Agency. Such contribution will be in the amount of $21,486.21 on behalf of Mr. Roemer and $13,916.67 on behalf of Ms. Goldstein. Because the error made in 1984 was that of the County of Contra Costa, and not that of Employees, Employees make this application for the County of Contra Costa to rectify its earlier error by paying the remaining employee contribution on behalf of Employees. Typically, in such a situation, a governmental agency,having made an error on a matter involving pension rights,would be required to pay any and all losses sustained by the employee as a result of this error. See, e.g., Crumnler v. Board of Administration(1973) 32 Cal.App.3d 567. The Cn=ler court observed, "A citizen ought to have the right to expect his government to deal fairly with him." Qy=1 at page 579.) See also Felice v. Chualar FACLUM\27673\Application Board of suM2.wpd -3- 4 a Union ElemenIM School District(1988) 206 Cal.App.3d 886; Luntz v. McMahon (1989)49 Cal.3d 393, 399; Driscoll v. City of Los Angeles (1967) 67 Cal.2d 297. The undersigned respectfully requests approval of this Application by the County Board of Supervisors. Dated: 4ctoberLL, 2000 By: l' eorge K& rner Dated: October, 2000 en e Goldstein FACLUM1276731Application Board of supm2mpd .4- h CONTRA COSTA COUNTY CCERAEMPLOYEES' RETIREMENT ASSOCIATION 1355 WALLOW WAY,SUITE 221 CONCORD,CALIFORNIA 94520-5723 (510)646-5741 January 9, 1996 Gregory L. McCoy Gagen, McCoy, McMahon & Armstrong 279 Front Street P. 0. Box 218 Danville, CA 94526-0218 RE: George`Roemer and Renee' Goldstein Dear Mr. McCoy; This is in response to your letter in which you note that it was the intent of the Board of Supervisors in its December 18, 1984 resolution, to grant service credit to Mr. Roemer and Ms. Goldstein for their time with the Criminal Justice Agency. I reviewed the Board of Supervisors' resolution, but more importantly I also reviewed the Personnel Regulations, Section 1602.2, which govern the status of employees on transfer to a merit system agency. These provide that, on transfer, employees enjoy all rights, privileges, and responsibilities enjoyed by merit system employees as though the employees had originally qualified under merit system procedures. The above leads me to conclude that you are correct. Mr. Roemer and Ms. Goldstein should have been given retirement service credit as though they had been merit system employees of the county since their hire by the Criminal Justice Agency from which they transferred. Since this pre-dates the establishment of Tier II, they should have been placed.in Tier I and given the opportunity to elect Tier II coverage when they first came under our system. To correct this situation, several things need to happen. First, Mr. Roemer and Ms. Goldstein need to indicate to us whether they wish to remain in Tier I or to be covered under Tier II. (This is the election they should have been given in February, 1985.) I'm enclosing election forms with Mr. Roemer and Ms. Goldstein's copies of this letter. Assuming both elect to remain in Tier I, we'll used to collect added contributions plus interest from both the County and the employees in the same fashion as other mis-classification errors are handled. Their records will then be changed to show Tier I coverage and their contributions from that point forward will be at the Tier I rate. Second, both employer and employee contributions at the Tier I rate, plus interest, are due for the period beginning with their hire date at the Criminal Justice Agency and ending February 1, 1985, the date we began to receive contributions under our system. In order for us to compute this, we'll need records to establish the employees' dates of hire, salary history and whether they worked full time or less than full time. Once this information is received, we will compute and invoice the County's cost and adjust their service records and entry ages to reflect this. Finally, because their age at entry into the system will be changed by virtue of their service with the Criminal Justice Agency, and because the age at entry is critical to computing contributions due on current service, -we cannot begin to teaks any computations and adjustments without first receiving the above-mentioned documentation. If you have any questions on this, please feel free to contact our office. Sic rely , Patricia F. Wiagert, CEPS Retirement Administrator cc: George Roemer (w/encl) Renee Goldstein (w/encl) Tony gnea, County Administrator's Office (w/o encl) CIAIM SALWAM<A OWD AMOitt NOVRCER 14, 2000 Claim Against the County, or District Governed by } the Board of Supervisors, Flouting Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the + � Board of Supervisors. (Paragraph IV below), given � pursuant to Government Code Section 913 and or 3 916.4. Please note all "Warnings". AMOUNT: Approximately $1,975.00 COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: JUDY WELDEN ATTORNEY: DATE RECEIVED: OCTOBER 10, 2000 ADDRESS: 1161 SCOTS LANE BY DELIVERY TO CLERK ON: OCTOBER 10, 2000 WALNUT CREEL{ CA 94596 OCTOBER 6 2000 BY MAIL POSTMARKED: , L FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: OCTOBER 11, 2000 By: Deputy G � H. FROM: County Counsel TO: Clerk of the Board of Supervisors ,,)`-This claim complies substantially with Sections 914 and 910.2. ( ) This claim PAILS to comply substantially with Sections 914 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /10 lf` By: Deputy County Counsel III. FROM: Clerk of the Hoard TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:TW70� —2,r� PHIL BATCHELOR, Clerk, By - puty Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6, You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFJE*'IDANr f OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant addressed to the claimant as shown above. Dated:2&`L) By: PHIL BATCHELOR By Deputy Clerk i CC: County Counsel County Administrator Cl{tint'ro: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100`" day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code§911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp } RECEITED ) Against the County of Contra Costa OCT or CLERK BOARD 0 SUPERVISORS District} CONTRA C(}STA Co. (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of$ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Date and Hour) - -------- --_-- ---'---------------------- 2. Where did the damage or injury occur? (Include City and County) 3. Row did the damage or injury occur? (Give Hill details;use extra paper if required) -------------------------------- ------------ ------ ----- -- t v�vti-------------------------------------- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the in' or damage? a 0 --kL e s t k'>8 4�� Y-Ocx-� CL U-r (Over) •autj pug;uacuuosudurt gans q;oq Sq ao `(000`0IS) sagiiop pugsnoq;ua;SuipaaaxaIOU;o aug v Sq'uospd a;g;s aq;ICT;uauxu0spdwv xq xa'aug pug ;uoumospdmi gans q;aq Cq xo'(000,1$) saviiop pugsnoq; auo Sul paam ;ou la aug g Sq 'xgaf ano ugq; axoui ;on jo popad v ioi Tref C;unOa aq; ut;uauxuospdwi fiq taq;ta aigggsiund sl 12utppAt.to',taganOA '1un0339 'itcq 'Ittigia luainpngx3.to asig,;Sue laumua3 3j acugs aq;Sud as moiis o; pazpoq;ng'aaawo ao p troq;ap;sip.xa fi;ia 'fi;unoa �Uv 0;.10'.IaaUjo.to p roq a;g;s SUV o;;uatuggd JOJ.10 aaurmoiig.to,;s;uasaad'pnv xjap o;;ua;ui q;iA&'OgM uos tad 9.1aAa„ .sapiAoad apaj iguad aq;}o ZL not;aar aai Lou 1 'oK auogdaiay •oK auogdaias L (ssa-lppv) ) xau.to;;rd 3o ssatppd pug autgK 64•jiggaq sxq no uosxad autos"q xo (ti3ux014V) .p,L Sa' 311 )K QK35 ;ugtuigia aq;Sq pawls aq;snux utr0ia NJ6, :saptAo id Z-016 'aaS apa3'A0O sxnot�� ��sr �s.�cz ::Can fut ao;uappag stxi;jo;unoaag no apvw not saan;rpuadxa aq; ;sxl •6 _________________________________________"-__-_----_--_-__----___----__------__----__ -, ildsoq pug'uo;aop'sassa ;a sassazppg pug sautgK g R 4(�Q �('aaBgutep do l.rnful aAp iadsoid,Ctmjo iunoum pa;autpsa aq;apnPuZ) tpa;ndtnaa;nnOWN paiuigia aAagg aq;SRM AtOH 'L a (•as suxssp o;ne Joj sa;Butpsa OM4 Apsn-v -paultup seauump ao saµnfuy3o yuwga nm atilo) Lpa;insax IumP noS op sapnfut.to Sagutagp ;g . tiAc1 '9 y Z,Unfui.to allgiu>rp aq;Sucsnga saaSoidma ao's;ugAms'saaaWa;ap;sip.to C;unoa,io sautgu aq;aag;gq� •j, FROM a BRQPDWAY AUTO BODY PHD E NO. 510 944 0370 Oct. 03 2000 013:29AM P2 10103/2000 at 06:14 Aft Job Numberr 1r507i• BROADtMY AUTO 5WY License e'=AJ165666 Federal 11 *:650273506 2145 N. MAIN ST WALNUT CREEK% CA 94546 (995)944-1027 Fax: (905)944-0970 i � � PSii7r�l1Q7�RY yC8!"T1lAT5. of � ' Written by: BRAD KOLANDER 0 Adjustor: ri :Ynsd: JUDY W£LDEN clams i r: owe maz: JUDY WE}DEN policy D i, DiAdZN mss: 1161 :SCOTS LN Deftetible: ? WALNUT CREEK, CA 94x96 Date of Loss: ' SSfes�eiiteg: ('!25)'931-74'19 'Type of Lose: due: t9C5)'147-4650 Print of Deet: 4. Right Qtr Post ' 9 is i ;Xualmot BROADWAY AUTO BODY {925)944 •1027 31 °..•. .bveaeti s:• 23')8 Nr, MAIN ST , . WALNUT CREEK, CA 94596 i insurwnos r GmssplenY: Days to Repair C� `2doo TOAD WINDSTAR 4x2 SE 6-Sall.-FT 41 VAN Intl Ci V'S &MDA52Y7Y99i4774 Lie: Pzod Date: tidaa�►t�: it Air Conditioning Rear Deragger Tilt Wheal J� iruist Control . Keyless Entry Dual Air Condition Body Side Moldings Dual Mirrors Privacy Class Roof Console Luggage/Root Rack. Clear Coat Paint i :P.eper; Slrering Power Brakes Posner vindows :Powsr! lbcks Power Driver Teat Power Kirrors t� •✓inti-� Ck Brakes 0) Driver Airbag Passenger Airbag il;oth!Sssots 9#cket "Seats Automatic Transmission Alantinum, Wheels ---------- ------------------------------------------- A' ». NO OP• sESCRrPTI** QTY EXT. PRICE LABOR PAINT _------------ -------- ----- `_- --------_------------- .-------------- :; :i• ; : 1, : t (FRONT DOOR : '� 2#• . . Rpr . RT Mirror easy electric w/o he n"s Li:3 3' Repl RT Window molding 1 55-33 t 4i .i SIDE LOADING DOOR `1 S; Rept kT Glass FORD privacy 3 1564.71 1•2 1 T- ----,r--------- -------------------------------------`•----------------------- a' Subtotals no> 162*3.04 1.7 0.5 PROM : BR04XiY AUTO BODY PHOW NO. 510 944 0970 Oct. 03 2000 OB:29M P3 10/03!2000 at 06:14 AM Job Number: L�O�s MZLDffX 1tY ZSTI14 TE 2000 FORD WINDSTAR 4X2 SE 6-3-AL-FI 41 VAN Int: Parts 1623-04 �! Body Labor 1-7 hrs i ! 60.00/hr 302•DD i Paint Labor 0-5 hrs 0 • 60.00/hr 30.00 i = Paint Supplies 0.5 hr: I * 26.00/hr 13-00 !) ` SUBTOTAL • 17L6.04 } G Sales Tax O 1636.04 B A-2500% 134.97 i! ---------------------------------------------------- GRAND TOTAL 540341 7, r 'I 1'HE ESTIMATE OF 'RtPAIRS INCLUDES PARTS,LABOR%AND DIAGNOSIS-IF,ON FURTHUR y INSPECTION,ADDITYONAL PARTS OR REPAIRS ARE NEEDEV,YOU WILL BE CONTACTED FOR •AUTHORIZATION -WE' ARE NOT RESPONSIBLE FOR LOSS OR DAMAGE TO YOUR VEHICLE FROM FIRE,THEFT,ACCTDENTS,OR ANY CAUSE BEYOND OUR CONTROL-ALL TEST' WILL BE MADE BY '! AUR EPPLOYEESS AT. YOUR RISK ti :&,UTMO�IZD SIGNATURE: iATE ji . .. E*ierair based on ROTOR CRASH ESTIMAT1#6 4011E- Non-asterisk(s) iters are derived from the Guide •Database lits 7121100- iouble astarisk(ts) items indicate parts supplied by a supplier #� ;other than the original equipment manufacturer. Pound sign (a) items indicate manual entries- 'i MAPA �ti�si have boon:tortified for fit and finish by the Certified Auto Parts Association- NA&S ort Nuiribere. Prices "•and Labor Times are provided from National Auto Glass Specifications Inc- Aathways - A product of CCC lofarootion Services Inc- e tt n � tee GIeG esti AM eNNIMM feCD: 3141 . Estewals ftiaretotr: i P"db isaryr f4e1Ms Mt. und" COLLMOON M4 POS GT Criam CA "M � . t�N ftsstdfee Dstns*e Amieseeit� .K�NYDi t Two of toss: Como" kwo d: JUDI tAIE{.DA"!d Addres(M 44"UMMYOLNIff CRWK,CA MGG TdeplwnW Neta.anon.. P&O TM•G r service: $ism • IM potd Vftu w$E ftrltiris predn*t ase: sten ft* Vw~ Ddm Tnft s.LL by G Cie my a Iaslte- NONE CA COMPAM O Goirchi olk Noma Cofer: OpimiWWALLoc Lbw " L;ibw Lbre Ran Fere Typo Dolor Leber "m Nsrisr Operstamr Qr!� pm""ll tbsr A wo" UrAbo 1 MOW 8DY NENKRMAI04AM R FRT DOOR POVAR NOW=AiiY 7F22 aria DAA Bial six 2 JUM DDY RROMMOLACE R FRT DOOR Ltt M MLO G CROW FROM MAUR " GA i i IWI 2Of MEMOV940M.ACE R I=CAPAO DOOR PTATM)MARY QLAis VU"29T22 GA 1,Oe u i.2 S-.Wtbw Note Aplies Add1 Labor GmbH f. Labor sadlarsts tk to Rite Anoew* Amman Yet" i. past Rep ke m m stawteary A+A%W Dade 1.1 ii.Ge G.iG #A* 11GAee T Tossbtstrams 1,T22,m !ales Tex G.2Gftlb WLIf Tae LOW sis,a Lrbor atptal n 1.7 I"M Taw ft"Mmmem pmb A -mw 1A M.17 K AddRfonet Coss *mow* w. MMOnsoft Anwiw* Tetsl AddRts"Cosh O.GG Ctwionrar%bRMreft ft GAN L TOW Labor: tom„p i. ToW Rakwarnod perte: i,GGfA 1T IL 'f"d AddNN"Curls: G.Ge Wo"Tewtk I~ E2TWA'ff XECALt.MAMM #WM ftft1T itis tAtrOMO%to s Tradann*of l trwmaumW fl ki"Orta Vrrdon: iEpl"-A Cepytloht{C11M4-20Gi MMdtr/ page i or 2 alio mft tte skm 419,"4 AM Rfeft Rrrasrred 04C W 60 WO AM 9wdWA Mr 0 310 Ywalm: 0 ImM mu Toa ie6 Ntl TOW: i,lTiiT &link"shwan ID the be p(s)of ktVaCl 2 mom rn"oft(i7 I 1 - Mull Oft Ifirslan: 3 fhb is a T a/A"dm lkha"I t vwaw o V�34 ftp Y at ! cy- Y*\- OV\- C,lv�& o \Cc, ` OLVO Uj CA- , ., V% of roc-, � ,. tj �� r r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY; CALIFORNIA BOARD ACTIIMt NOVEMBER 14, 200( Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given 7, pursuant to Government Code Section 913 and 915.4. Please note all "Warnings`. AMOUNT: $510,000.00 0 r T ( 7090 11 COUNTY COUNSEL CLAIMANT: CHRIS'T'INA MOZZFITI MARTINEZ CALIF. ATTORNEY: C/O Robert P. Star, Esq. DATE RECEIVED: October 5, 2000 Law Office of Robert P. Star BY DELIVERY TO CLERK ON. October S, 2400 ADDRESS: 877 Ygnacio Valley Rd. , Ste los Walnut Creek CA 94596 Hand-Delivered BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: October 9, 2000 By: DeputyQIFA,--,l II. FROM: County Counsel TO: Clerk of the Board of Supervisors { This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). (L,T ether: 5c—d tf%/1 /0✓'. 5 r' r-,_0 7 f7a,6 x-1`1 Fav Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV BOARD ORDER By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated �- PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 915.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: � `2r-�By: PHIL BATCHELOR By 'y ` Deputy Clerk t CC: County Counsel County Administrator RV—bert P. Stat`, State Bar No. 112071 Law Office of Robert P. Star RECEIVED 877 Ygnacio'Valley Road, Suite 208 Walnut Creek, CA 94596 OCT w 5 2000 Telephone: (925) 932-3311 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Attorney for Claimants Christina Mozetti and all legal heirs of William J. Bush CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO Clerk of the Board of Supervisors 651 Pine Street First Floor Martinez, CA 94553 Via Certified Mail#Z 214 414 070 CLAIMANTS' NAMES . Christina Mozzetti CLAIMANTS' ADDRESS . 754 Shell Avenue, Apt. #3 Martinez, CA 94553 CLAIMANTS' TELEPHONE . (925) 313-0260 AMOUNT OF CLAIM $ 510,000 ADDRESS TO WHICH NOTICES ARE TO BE SENT . ROBERT P. STAR, ESQ. LAW OFFICE OF ROBERT P. STAR. 877 Ygnacio Valley Road, Suite 208 Walnut Creek, California 94596 DATE OF OCCURRENCE . April 7, 2000 PLACE OF OCCURRENCE . Contra Costa Medical Center 2500 Alhambra Avenue Martinez, CA 94553 HOW DID CLAIM ARISE Wrongful death - William J. Bush went to Contra Costa Medical Center - Martinez for emergency treatment on April 5, 1999, after having hemorrhoid surgery less than a week earlier at a veteran's hospital. - 1 - At the time of the emergency room visit, William J. Bush was suffering from a massive post-surgical infection. Contra Costa Medical Center examined and discharged William J. Bush without following accepted protocols to rule out infection. Rather, the deceased was given pain medication and instructed to seek medical care with his regular physician the next day. By the following day, the infection had progressed to the point that it became terminal. ITEMIZATION OF CLAIM Loss of Earning Capacity and Future Support $ 200,000 Incursion of Medical Bills for Claimants' Decedent $ 50,000 Funeral and Burial Expenses $ 10,000 General Damages Including Loss of Love, Comfort, Companionship Society $ 2.50,000 DATED: September 18, 2000 LAW FICE OF ROB . STAR Attorney for Cl ' t Christina Mozzetti and all legal heirs of William J. Bush - 2 - TO: BOARD OF SUPERVISORS • , t FROM: Phil Batchelor, County Administrator Contrd low& DATE: November 14, 2000 SUBJECT: Final Settlement of Claim Dennis Johnson vs. Contra Costa County UOUW11ty Superior Court No. C95-05042 SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning the final settlement of Dennis Johnson and authorize payment from the Medical Liability Trust fund in the amount of$350,000. BACKGROUND/REASONS FOR RECOMMENDATION: W. David Walker, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the medical liability claim of Dennis Johnson vs, Contra Costa County. This Board's October 24, 2000 closed session vote was: Supervisors Gioia, Uilkema, Gerber, Canciamilla and DeSaulnier, yes. This action is taken so that terms of this final settlement and the earlier October 24, 2400 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURELS) 0r ACTION OF BOA N NOVEMBER 14, 2000 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 NONE ) OF SUPERVISORS ON THE DATE SHOWN, AYES: NOES: ABSENT: ABSTAIN: ATTESTED NOVEMBER 14, 2000 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Ron Harvey—335-1443 cc: CAO Risk Management Auditor-Controller BY DEPUTY TO:' BOARD OF SUPERVISORS FROM: Phil Batchelor, County Administrator n r s s._ DATE: November 14, 2000 ' SUBJECT: Final Settlement of Claim Monique Kirkland vs. Contra Costa County vul Ity SPECIFIC REQUEST(S) RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning the final settlement of Monique Kirkland and authorize payment from the Automobile Liability Trust fund in the amount of $50,000. BACKGROUNDIREASONS FOR RECOMMENDATION: Bernard Knapp, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the automobile liability claim of Monique Kirkland vs. Contra Costa County. This Board's October 24, 2000 closed session vote was: Supervisors Gioia, Uilkema, Gerber, Canciamilla and DeSaulnier, yes. This action is taken so that terms of this final settlement and the earlier October 24, 2000 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: YES SIGNATURE: IkfC COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO RD COMMITTEE ✓' APPROVE OTHER SIGNATURES ACTION OF BOA N NOVEMBER 14, 2000 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 NONE ) OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED NOVEMBER 14, 2000 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Ron Harvey—335-1443 cc: CAO Risk Management Auditor-Controller BY DEPUTY TO: BOARD OF SUPERVISORS FROM: Phil Batchelor, County Administrator ` n t i , DATE: November 14, 2000 .+ st a SUBJECT: Final Settlement of Claim Ronald Baker vs. Contra Costa CountyCuo--unty Superior Court No. C99-01168 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning the final settlement of Ronald Baker and authorize payment from the Medical Liability Trust fund in the amount of$135,000. BACKGROUND/REASONS FOR RECOMMENDATION: W. David Walker, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the medical liability claim of Ronald Baker vs. Contra Costa County. This Board's October 17, 2000 closed session vote was: Supervisors Gioia, Uilkema, Gerber, Canciamilla and DeSaulnier, yes. This action is taken so that terms of this final settlement and the earlier October 17, 2000 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: YES SIGNATURE: r� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER SIGNATURE(S): t , ACTION OF BOARD NOVEMBER 14, 2000 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN NONE AND ENTERED ON THE MINUTES OF THE BOARD �x UNANIMOUS (ABSENT ) OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED NO E, 14.a 2000 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Ron Harvey`335-1443 cc: CAO Risk Management Auditor-Controller BY (46ev" 4 DEPUTY