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Home My WebLink AboutMINUTES - 10162001 - C.21 BOARD OF SUPER IS OSTA COUNTY SEP 2 7 2001 BOARD ACTION: Oct 16, 2001 CLFR CONTA COS RD OF A COVISORS Claim Against the County, or District Governed 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". D c�E�_'F AMOUNT: Unknown CLAIMANT: Vincent Culcasi SEP 2 7 2001 COUNTY COUNSEL MARTINEZ CALIF. ATTORNEY: None DATE RECEIVED: September 25, 2001 ADDRESS: 4030 Boulder Dr BY DELIVERY TO CLERK ON: September 25 ,2001 Antioch, CA 94509 BY MAIL POSTMARKED: September 24, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN 'TMC1 r' Dated: September 25, 2001 By: Deputy Il. FROM: County Counsel TO: Clerk of the Board of Supervisors (This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / By: eputy County Counsel III. FROM: Clerk of the Board TO: Cout ounsel (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: JOHN SWEETEN, 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 c of this Board Order and Notice to Claima , ddressed to the claimant as shown above. Dated: ()C/t" I 0 U JOHN SWEETEN, CLERK By I �� Deputy Clerk 1 ( Jr y: IT This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 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 rowing 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. is at the end of this form. RE: Claim by. ) Reserved for Clerk's Filing Stamp against the County of Contra Costa, or District) (Fill in Name) The undersigned claimant herebv makes claim against the County of Contra Costa or the above named District in the sum of S W- -(o►-and in support of this claim represents as follows: 1. When did the damage or in. occur? (Give exact Date and Hour) o q o-1 4T /A W-�t k.Z::3 O ----��=-L=-- _ � �. ��p --- �,1:-- -- �� 11 --------- - --------- ----- -----------�aG_ `-? .C.CC. '_. Where did the damage or injury occur? (Include Citv and County i ----- ------------- 3. How did the damage or injury occur? (Give full details: use extra paper if required) ---------- =Q=Q--v' -t-GtG_ -kq-Lu(�------------------------------------------------ 4. What particular act or.omission on the part of county or district officers, servants, or emplovees caused the injury or damage? (Over) aat;Par luausuosudtai pas gloq Sq io `( 000`ols ) slrilop pursnogl aai'Ouipaaaxa IOU;o"aug r Sq `aosud aims aql at laamuosudmi Sq io �auu pur maatuosudtai Bans gloq .:q to -( 000-js ) uriiop pursnogl aao 'Duipaaaza lou;o aut; a Sq `irae.auo argl mora loa;o pouad a ioj lirf Slunoa aql ai luaatuosudun Sq lagpia algrgsiand sl `2upw&to `laganon iunoaar `lliq •miria luajnpnrl;to asjE;.Sur..`autnuaL jt aturs aql Sud so .uoljr o} pazuogine `iaotgo so pseoq laulsip io Suz `Slunoa :,Lur of jo `laag;o to 'iioq'ams :►ur of ivam.:rd lo;to nuumot1r lo;sluasa.ld 4pnrs;ap of lualai glib-ogmIuosuad .;lan3,, :saptiwd apo fruad agl;o Z% aoivaS 3JI10 auogdatal •oki ayogdala_L o (alruru;�Ts s;iurutirj:) ) 7,9_12,37 -4:01 19.V v iatuouy.;o ssalppy par aum ;';irgaq siq uo.uos.ad autos Sq to (,:?u louv) :OZ s3 uo_K QN3s luruitrp agl Sq pais aq 1snw ulirp aqZ„ :sapi.►ojd -'oIti -jac apej -.too L�:lU4�t L�3LI a.L`d i %Lnfui so ivappn sig3;o 1anoon ao apeta nori salnlipuadza atp 1siZ 6. ------------------------------------------------------ - - --- -- 'sjrlidsog pur •uoioop sassauu.0;o sassalppr purr sauir.k g --- --- ------- ------- -------------- ------------------ -J ------ (•aoewep io.ianfm anu3adsoad.iue jo iunouic paiewnsa aql apnlaul) �pajndtuoz ianoasr paaimT:) anogr aql sr.0 .uog ----———-——-——-----—-——-———---——-—---- -———--—-———————i -►�vl�'ov —- �.�—-————— (aocump o3ns soj saleurgsa 0M7 tpcuF •patump saoeurep 10 saunful jo luarsa Mg aet!) ;,palinal tamp noe op saunfui n sal)rairp irgb 9 --------------------------------------------------- �a-V171-T/J7'1D �9--+ ------- ,;Ssnfui so aaratrp agl�utsnea saaeoidaia so`slar.uas`slaat�}o laulsip so Slanoa;o samrn aql a.tr 1rq� 'S a Attachment 2.: On the corner of Pacheco Blvd. at North Buchanan Circle in-the City of Pacheco, County of Contra Costa. . Attachment 3.: 1 was making a left hand turn onto North Buchanan Circle. and on an oily residue left by the County's road construction crew. Attachment 4.: The County's road crew did not properly clean the oily residue from the road surface. Attachment 5.: Contra Costa County. Attachment 6.: The full damage has not_yet been determined to the vehicle involved. I sustained cuts and bruises, and one day's loss of work. Attachment 7.: 1 am in the process of obtaining an estimate to provide to the county and my insurance company. Attachment 8.: ' Henry Pedrosa, (925)757-7623;cell (925)766-2038; Derrick Bleck, Sr., (925) 284-2763;and David Frew, (925)623-4590, 2822 Seville Circle, Antioch. Dr. I A. Heckle, M.D.,Kaiser Antioch. Attachment 9.: I am in the process of obtaining all pertinent costs. w • C r `C c � : .r i 4113 C t� wA n C J Gp, STA ^j,� O . , T 1 lw I C7 1 'fj r i l CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY .a I BOARD ACTION: 6BE R I b Zoo 1 Claim Against the County, or District Governed by ) AMCN�� 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: $926,379.73 CLAIMANT: John/Muir/Mt. Diablo Health System ATTORNEY: Hanson; Bridgett, Marcus DATE RECEIVED: August 31, 2001 ADDRESS: 333 Market St Suite 2300 BY DELIVERY TO CLERK ON: August 31 , 2001 San Francisco, CA 94105-2173 BY MAIL POSTMARKED: August 30, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN f Dated: Sa- t2w�lr� `� 2 OD) By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (vfThis 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: .VI @ sv.T 1 Loop S�S�au Dated: W Z`- 2W 1 By. County Counsel III. FROM: Clerk of the Board TO: County Couial County Admin'strator(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 WU A LU-1 JOHN SWEETEN, CLERK, By �r , 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: JOHN SWEETEN, CLERK By Deputy Clerk WIWI VA CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Sept 18, 2001 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 ,QQ)sr., �-`; I /j. notice of the action taken on your claim by the ILl aeZJ� `A/ ;1� �� l Board of Supervisors. (Paragraph IV below), given i .�� Pursuant to Government Code Section 913 and SEP 0 201 915.4. Please note all "Warnings". AMOUNT: 5926,379.73 !10UN1Y COUNSEL %4ARTINEZ,CALIF, CLAIMANT: John Muir/ Mt. Diablo Health System ATTORNEY: Hanson, Bridgett, Marcus DATE RECEIVED: August 31, 2001 ADDRESS: 333 Market St Suite 2300 BY DELIVERY TO CLERK ON: August 31, 2001 San Francisco, CA 94105-2173 BY MAIL POSTMARKED: August 30, 2001 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE , Dated: August 31, 2001 By: Deputy ' II. FROM: County Counsel TO: Clerk of the Board of Supervise s ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). (Maim 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: `tel 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: JOHN SWEETEN, 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. l Dated: JOHN SWEETEN, CLERK By ! ) �1, 4�� l'- Deputy Clerk SILVANO B.MARCHESI _ DEPUTIES: COUNTY COUNSEL 5 PHILLIP S.ALTHOFF �� _ JANICE L.AMENTA �t ' ... f:....- NORAG.BARLOW SHARON L.ANDERSON B.REBECCA BYRNES NA ANDREA W.CASSIDY ASSISTANT COUNTY COUNSEL CONTRA COSTA�C. PNTY MONIKAL.COOPER VICKIE L.DAWES GREGORY C.HARVEY OFFICE OF THS COU1i - OUNSEL MARKES.ESTIS ASSISTANT COUNTY COUNSEL I! i ?+�w-= LILLIANT.FUJII •':,-.Wt[WY�QANNISTRATIONBUILQING•_� JANET L.HOLMES DENNIS C.GRAVES 1651�fqE STREET,-,, KEVINTKERR SENIOR FINANCIAL COUNSEL MARTINEZ, CALIFA45 = 229 BERNARD L.KNAPP 1• EDWARD V.LANE,JR. -i .?� •• \,"'s'�:"�„� BEATRICE LIU GAYLEMUGGLI �.\�;. . ��:`: j MARYANNMASON OFFICE MANAGER PAUL R.MUNIZ f;�;L.`��: VALERIEJ.RANCHE PHONE (925) 335-1800 ---� STEVEN P.RETTIG DAVID F FAX (925)646-1078 DIANAJ.sLVERDT JACQUELINE Y.WOODS September 28, 2001 PAMELAJ.ZAID Mr. Michael Duncheon Hanson, Bridgett, Marcos, Vlahos and Rudy, LLP. 33 Market Street, Suite 2300 San Francisco, CA 94105-2173 RE: Claim of John Muir Hospital Dear Mr. Duncheon, Thank you for your letter of September 25, 2001 to John Sweeten. After review of the points that you raised, the John Muir claim has been found in substantial compliance as to breaches occurring within 12 months of August 31, 2001 and has been forwarded to the Board of Supervisors for decision on October, 16, 2001. We appreciate your bringing this matter to our attention. You will be receiving a notice of the Board's action. Very /B. 'th�esi, SilvanCounty sel By: Grego ey Assist, Counsel The Board of Supervisors John Sweeten Contra Clerk ot the Board Costa and County Administration Building County Administrator 651 Pine Street,Room 106 (925)335.1900 Martinez,California 94553-1293 Count John Gioia, 1st District County JV Gayle B.Uilkema,2nd District Donna Gerber,3rd District ,t Mark DeSaulnier,4th District :A'1 Federal D.Glover,5th District y. y rr�cdiin'� TO: JOHN MUIR / MT. DIABLO HEALTH SYSTEM c/o.Michael A. Duncheon, Esq. HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP 333 Market Street, Suite 2300 San Francisco, CA 94105-2173 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on August 31, 2001, has been reviewed by County Counsel and is being returned to you herewith because: X Your claim for an injury to person or personal property was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some JOHN MUIR/MT. DIABLO HEALTH SYSTEM c/o Michael A. Duncheon Re: Claim Page Two circumstances leave to present a late claim will be granted. (See Government Code section 911.6) Date:' - C u% eatI JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator / By: I L Deputy Clerk Enclosure Affidavit of Mailing declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the above NOTICE TO CLAIMANT (OF LATE-F(LED CLAIM), addressed to the claimant as shown above. Date: UI Deputy Clerk I:NTORT MSK-MGT\CLAIMS\LATEVohnMuirMtDiablo.wpd I HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP MICHAEL A. DUNCHEON - 65682 2 333 Market Street, Suite 2300 San Francisco, California 94105-2173 rFAUG ECEIVED 3 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 4 mduncheon@hansonbridgett.com 12001 5 Attorney for Claimant CLERK SOAP! OFSUPERVISORS John Muir/Mt. Diablo Health System CON I,.A COSTA CO. 6 7 8 CLAIM FOR MONEY OR DAMAGES 9 10 I I JOHN MUIR/MT. DIABLO HEALTH SYSTEM, 12 CLAIM AGAINST COUNTY OF CONTRA Claimant, COSTA AND ITS BOARD OF 13 SUPERVISORS (Govt. Code § 900 & seq.) V. 14 COUNTY OF CONTRA COSTA and its 15 BOARD OF SUPERVISORS, 16 Respondent. 17 18 To: COUNTY OF CONTRA COSTA and to its BOARD OF SUPERVISORS addressed 19 to the Clerk of the Board of Supervisors, County Administration Building, 651 Pine Street, Room 20 106, Martinez, California 94553: 21 JOHN MUIRIMT. DIABLO HEALTH SYSTEM ("Claimant") hereby makes and submits 22 a claim against COUNTY OF CONTRA COSTA and its BOARD OF SUPERVISORS 23 ("County") pursuant to California Government Code § 910 as follows: 24 (a) Claimant's name and post office address is: John Muir/Mt. Diablo Health System, 25 1400 Treat Boulevard, Walnut Creek, CA 94596-2142. 26 (b) The post office address to which the claimant desires notices to be sent is: Michael 27 A. Duncheon, Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP, 333 Market Street, Suite 2300, 28 San Francisco, CA 94105-2173. -1- CLAIM AGAINST CONTRA COSTA COUNTY 890824.1 BOARD OF SUPERVISORS(GOVT.CODE § 910) I (c) The date, place and other circumstances of the occurrence or transaction which 2 gave rise to the claim asserted: at various times during the years 1999 and 2000, Claimant 3 provided health care services, usually on an emergency basis, to prisoners incarcerated in County 4 of Contra Costa for which the County is financially responsible for the cost of care pursuant to 5 California Penal Code § 4011, and seq., and the County paid less than the amount actually due. 6 Full payment was due within the last twelve months, but full payment has not been received. 7 (d) A general description of the indebtedness, obligation or injury, damage or loss 8 incurred so far as it may be known at the time of presentation of the claim: the following 9 prisoners-patients received health services, County was billed for services, and the County paid 10 less than the amount owed, as follows: 11 Patient's Name Amount Paid Amount Owed 12 Baker, Earl $ 17,472.65 $ 1561893.62 13 Duncan, Reginald $ 2,370.00 $ 84,831.73 14 Edwards, Blade $ 5,040.00 $ 57,235.48 15 Hollis, John $ 3,310.00 $ 24,306.83 16 Levine, Eli Saul $ 27,300.00 $ 543,743.00 17 Orozco, Rolando $ 4,750.00 $ 33,409.46 18 Saucer, Antwan $ 11,060.00 $ 122,943.80 19 Stroud, Debra $ 790.00 $ 16,167.55 20 Villatoro, Kevin $ 14,944.00 $ 289,918.62 21 TOTAL 87,036.65$ 1,329,450.09$ 22 23 Claim is hereby made for the full amount owed by the County under the law, that is, $926,379.73 plus interest as allowed by law. 24 25 (e) The name or names of the public employee or employees causing the injury, 26 damage or loss, is unknown. (f) The amount claimed exceeds$25,000, and therefore this matter is not a limited 27 civil case. 28 -2- CLAIM AGAINST CONTRA COSTA COUNTY 890824.1 BOARD OF SUPERVISORS(GOVT.CODE§910) 1 2 DATED: August 30, 2001 HANSON, BRIDGETT, MARCUS, VLAHOS & 3 RUDY, LLP 4 By: 5 MIC AEL A. DUNCHEON 6 Attorney for Claimant John Muir/Mt. Diablo Health System 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- CLAIM AGAINST CONTRA COSTA COUNTY 890824.1 BOARD OF SUPERVISORS(GOVT.CODE§ 910) LINA R.GUILLEN H 11 11 S O 11 DIRECT DIAL 415-995-5822 REPLY TO SAN FRANCISCO B R I D G E11 E-MAIL Iguillen@hansonbddgett.com September 25, 2001 M fl fl C U S u �flflos flUDYIIP Attn: John Sweeten Clerk of the Board of Supervisors and County Administrator County Administration Building 651 Pine Street,Room 106 Martinez, California 94553-12993 Re: John Muir/Mt. Diablo Health System v. County of Contra Costa Clain No: 48650 Dear Mr. Sweeten: We are the attorneys for John Muir/Mt. Diablo Health System("John Muir"). John Muir filed its Claim Against the County of Contra Costa and its Board of Supervisors on August 31, 2001. (Attached hereto as Exhibit A). The Board of Supervisors returned this claim with a Notice to Claimant of Late-Filed Claim. (Attached hereto as Exhibit B). In determining that this claim was untimely,the Board of Supervisors erroneously applied the six-month time limitation under Gov. Code section.911.2, which states that,"a claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented . . . not later than six months after the accrual of the cause of action." Gov. Code section 911.2 also provides that"a claim relating to any other cause of action shall be presented . ... not later than one year after the accrual of the cause of action." John Muir's claim is not a claim for injury to person,personal property.or growing crops. John Muir's claim is a contract claim that seeks to recover the money the County owes John Muir for healthcare services provided to county prisoners. Accordingly, the claim relates"to a cause of action, other than injury to person, personal property or growing crops"and the one- year time limitation applies. Moreover, the claim filed by John Muir is timely as it was filed within one year from the accrual of the cause of action. (See Ex. A, Claim, page 2, line 6.) I SET, r• 2r. 1 LAW OFFICES I - WWW.HANSONBRIDGETTCOM SAN FRANCISCO MARIN SACRAMENTO 333 MARKET STREET WOOD ISLAND 980 NINTH STREET 23RD FLOOR 80 E.SIR FRANCIS DRAKE BLVD.-SUITE 3E SUITE IS00 SAN FRANCISCO•CALIFORNIA 94105-2173 LARKSPUR•CALIFORNIA 94939 SACRAMENTO•CALIFORNIA 95814 TELEPHONE 415.777-3200 TELEPHONE 415.925.8400 TELEPHONE 916.442.3333 FACSIMILE 415.541.9366 FACSIMILE 415.925.8409 FACSIMILE 916.442.2348 SF@HANSONBRIDGETTCOM MARIN@HANSONBRIDGETTCOM SAC@HANSONBRIDGETT.COM Attn: John Sweeten September 25,2001 Page 2 Based on the foregoing, the County's determination that John Muir's claim is late is incorrect. Accordingly, the County is required by law to accept and consider John Muir's claim. Please notify me of the Board's decision at your earliest convenience. Very truly yours, Michael A. Duncheon cc: Silvano Marchesi, Esq. County Counsel 896278.1 EXHIBIT "A" I HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP MICHAEL A. DUNCHEON - 65682 2 333 Market Street, Suite 2300 San Francisco, California 94105-2173 RECEIVED 3 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 4 mduncheon@,hansonbridgett.com AUG 312001 5 Attorney for Claimant CLERK BOAT I OF SUPERVISORS John Muir/Mt. Diablo Health System I CON i,.A COSTA CO. 6 7 8 CLAIM FOR MONEY OR DAMAGES 9 10 11 JOHN MUIR/MT. DIABLO HEALTH SYSTEM, 12 CLAIM AGAINST COUNTY OF CONTRA Claimant, COSTA AND ITS BOARD OF 13 SUPERVISORS (Govt. Code § 900 & seq.) V. 14 COUNTY OF CONTRA COSTA and its 15 BOARD OF SUPERVISORS, 16 Respondent. 17 18 To: COUNTY OF CONTRA COSTA and to its BOARD OF SUPERVISORS addressed 19 to the Clerk of the Board of Supervisors, County Administration Building, 651 Pine Street, Room 20 106, Martinez, California 94553: 21 JOHN MUIR/MT. DIABLO HEALTH SYSTEM ("Claimant") hereby makes and submits 22 a claim against COUNTY OF CONTRA COSTA and its BOARD OF SUPERVISORS 23 ("County") pursuant to California Government Code § 910 as follows: 24 (a) Claimant's name and post office address is: John Muir/Mt. Diablo Health System, 25 1400 Treat Boulevard, Walnut Creek, CA 94596-2142. 26 (b) The post office address to which the claimant desires notices to be sent is: Michael 27 A. Duncheon, Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP, 333 Market Street, Suite 2300, 28 San Francisco, CA 94105-2173. -1- CLAIM AGAINST CONTRA COSTA COUNTY 890824.1 BOARD OF SUPERVISORS(GOVT.CODE§910) I (c) The date, place and other circumstances of the occurrence or transaction which 2 gave rise to the claim asserted: at various times during the years 1999 and 2000, Claimant 3 provided health care services, usually on an emergency basis, to prisoners incarcerated in County 4 of Contra Costa for which the County is financially responsible for the cost of care pursuant to 5 California Penal Code § 4011, and seq., and the County paid less than the amount actually due. 6 Full payment was due within the last twelve months, but full payment has not been received. 7 (d) A general description of the indebtedness, obligation or injury, damage or loss 8 incurred so far as it may be known at the time of presentation of the claim: the following 9 prisoners-patients received health services, County was billed for services, and the County paid 10 less than the amount owed, as follows: 11 Patient's Name Amount Paid Amount Owed 12 Baker, Earl $ 17,472.65 $ 156,893.62 13 Duncan, Reginald $ 2,370.00 $ 84,831.73 14 Edwards, Blade $ 5,040.00 $ 57,235.48 15 Hollis, John $ 3,310.00 $ 24,306.83 16 Levine, Eli Saul $ 27,300.00 $ 543,743.00 17 Orozco, Rolando $ 4,750.00 $ 33,409.46 18 Saucer, Antwan $ 11,060.00 $ 122,943.80 19 Stroud, Debra $ 790.00 $ 16,167.55 20 Villatoro, Kevin $ 14,944.00 $ 289,918.62 21 TOTAL 87,036.65$ 1,329,450.09$ 22 23 Claim is hereby made for the full amount owed by the County under the law, that is, $926,379.73 plus interest as allowed by law. 24 25 (e) The name or names of the public employee or employees causing the injury, damage or loss, is unknown. 26 (f) The amount claimed exceeds $25,000, and therefore this matter is not a limited 27 civil case. 28 -2- CLAIM AGAINST CONTRA COSTA COUNTY 890824.1 BOARD OF SUPERVISORS(GOVT.CODE§910) 1 2 DATED: August 30, 2001 HANSON, BRIDGETT, MARCUS, VLAHOS & 3 RUDY, LLP . 4 Q 5 By: MIC AEL A. DUNCHEON 6 Attorney for Claimant John Muir/Mt. Diablo Health System 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- CLAIM AGAINST CONTRA COSTA COUNTY 890824.1 BOARD OF SUPERVISORS(GOVT.CODE§ 910) John Sweeten -The I�Lqgg of Supervisors Contra Cour Clerkol[heBoard Costa and County Administrat�o� i ng County Administrator 651 Pin��i�etiRp�� (925)335-1900 Martine lifornia 94553-1293 County John Gi,@g1e 1dqGpept- JV Gayle B.Uilkema,2nd District Donna Gerber,3rd District Z. f Mark DeSaulnier,4th District - r Federal D.Glover,5th District r•�TTo�r�r TO: JOHN MUIR / MT. DIABLO HEALTH SYSTEM c/o Michael A. Duncheon, Esq. HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP 333 Market Street, Suite 2300 San Francisco, CA 94105-2173 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on August 31, 2001, has been reviewed by County Counsel and is being returned to you herewith because: X Your claim for an injury to person or personal property was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some JOHN MUIR/MT. DIABLO HEALTH SYSTEM c/o Michael A. Duncheon Re: Claim Page Two circumstances leave to present a late claim will be granted. (See Government Code section Date:--! U! n i JOHN SWEETEN, Clerk.of the Board of Supervisors and County Administrator By: �. Deputy Clerk Enclosure Affidavit of Mailing I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the above NOTICE TO CLAIMANT (OF LATE-FILED CLAIM), addressed to the claimant as shown above. Date: Z- Deputy Clerk 1:\TORT\RIS K-MGT�CLAIMSU.ATEUohnMuirMtDiablo.wpd � _ C/o \� \ � p w� f / � ƒ l�,�� ( �k 4: ¥ »�. LINA R.GUILLEN H R 11 S U IT DIRECT DIAL 415-995-5822 REPLY TO SAN FRANCISCO ) B R I D G E11 E-MAIL Iguillen@hansonbddgett.com Lill September 25, 2001 SEP 2 7 2001 D1 fl R C D S COUNTY COUNSEL II L fl N D 5 MARTINEZ CALIF. V 1 II II �l R U D YILP Attn: John Sweeten Clerk of the Board of Supervisors and County Administrator County Administration Building 651 Pine Street, Room 106 Martinez, California 94553-12993 Re: John Muir/Mt. Diablo Health System v. Countv of Contra Costa Claim No: 48656. Dear Mr. Sweeten: We are the attorneys for John Muir/Mt. Diablo Health System ("John Muir"). John Muir filed its Claim Against the County of Contra Costa and its Board of Supervisors on August 31, 2001. (Attached hereto as Exhibit A). The Board of Supervisors returned this claim with a Notice to Claimant of Late-Filed Claim. (Attached hereto as Exhibit B). In determining that this claim was untimely,the Board of Supervisors erroneously applied the six-month time limitation under Gov. Code section 911.2, which states that, "a claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented . . . not later than six months after the accrual of the cause of action." Gov. Code section 911.2 also provides that"a claim relating to any other cause of action shall be presented . . . not later than one year after the accrual of the cause of action:" John Muir's claim is not a claim for injury to person, personal property or growing crops. John Muir's claim is a contract claim that seeks to recover the money the County owes John Muir for healthcare services provided to county prisoners. Accordingly, the claim relates "to a cause of action, other than injury to person, personal property or growing crops" and the one- year time limitation applies. Moreover, the claim filed by John Muir is timely as it was filed within one year from the accrual of the cause of action. (See Ex. A, Claim, page 2, line 6.) LAW OFFICES W W W.HANSONBRIDGETT.COM SAN FRANCISCO MARIN SACRAMENTO 333 MARKET STREET WOOD ISLAND 980 NINTH STREET 23RD FLOOR, 80 E.SIR FRANCIS DRAKE BLVD.-SUITE 3E SUITE 1500 SAN FRANCISCO•CALIFORNIA 94105-2173 LARKSPUR.CALIFORNIA 94939 SACRAMENTO•CALIFORNIA 95814 TELEPHONE 415.777-3200 TELEPHONE 415.925.8400 TELEPHONE 916.442.3333 FACSIMILE 415.541.9366 FACSIMILE 415.925.8409 FACSIMILE 916.442.2348 SF@HANSONBRIDGETTCOM MARIN@HANSONBRIDGETT.COM SAC@c.HANSONBRIDGETTCOM Attn: John Sweeten September 25, 2001 Page 2 Based on the foregoing, the County's determination that John Muir's claim is late is incorrect. Accordingly, the County is required by law to accept and consider John Muir's claim. Please notify me of the Board's decision at your earliest convenience. Very truly yours, Michael A. Duncheon cc✓ Silvano M c esi Es ar h .q County Counsel I 896278.1 I HANSON, BRIDGETT, MARCUS, VL AHOS & RUDY, LLP MICHAEL A. DUNCHEON - 65652 2 333 Market Street, Suite 2300 San Francisco, California 94105-2173 RECEIVED 3 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 4 mduncheon@hansonbridgett.com AUG 312001 5 Attorney for Claimant CLERK BOAT': OF SUPERVISORS John Muir/Mt. Diablo Health System CON i,.A COSTA CO. 6 7 8 CLAIM FOR MONEY OR DAMAGES 9 10 11 JOHN MUIR/MT. DIABLO HEALTH SYSTEM, 12 CLAIM AGAINST COUNTY OF CONTRA Claimant, COSTA AND ITS BOARD OF 13 SUPERVISORS (Govt. Code § 900 & seq.) V. 14 COUNTY OF CONTRA COSTA and its 15 BOARD OF SUPERVISORS, 16 Respondent. 17 18 To: COUNTY OF CONTRA COSTA and to its BOARD OF SUPERVISORS addressed 19 to the Clerk of the.Board of Supervisors, County Administration Building, 651 Pine Street, Room 20 106, Martinez, California 94553: 21 JOHN INIUIR/MT. DIABLO HEALTH SYSTEM ("Claimant") hereby makes and submits 22 a claim against COUNTY OF CONTRA COSTA and its BOARD OF SUPERVISORS 23 ("County") pursuant to California Government Code § 910 as follows: 24 (a) Claimant's name and post office address is: John Muir/TTvIt. Diablo Health System, 25 1400 Treat Boulevard, Walnut Creek, CA 94596-2142. 26 (b) The post office address to which the claimant desires notices to be sent is: Michael 27 A. Duncheon, Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP, 333 Market Street, Suite 2300, 28 San Francisco, CA 94105-2173. -1- CLAIM AGANST CONTRA COSTA COUNTY 890824.1 BOARD OF SUPERVISORS (GOVT. CODE § 9l0) I (c) The date, place and other circumstances of the occurrence or transaction which 2 ;ave rise to the claim asserted: at various times during the years 1999 and 2000, Claimant 3 provided health care services, usually on an emergency basis, to prisoners incarcerated in County 4 of Contra Costa for which the County is financially responsible for the cost of care pursuant to 5 California Penal Code § 4011, and seq., and the County paid less than the amount actually due. 6 pull payment was due within the last twelve months, but full payment has not been received. 7 (d) A general description of the indebtedness, obligation or injury, damage or loss 8 incurred so far as it may be known at the time of presentation of the claim: the following 9 prisoners-patients received health services, County was billed for services, and the County paid 10 less than the amount owed, as follows: 11 Patient's Name Amount Paid Amount Owed 12 Baker, Earl $ 17,472.65 $ 156,893.62 13 Duncan, Reginald $ 2,370.00 $ 84,831.73 14 Edwards, Blade $ 5,040.00 $ 57,235.48 15 Hollis, John $ 3,310.00 $ 24,306.83 16 Levine, Eli Saul $ 27,300.00 $ 543,743.00 17 Orozco, Rolando $ 4,750.00 $ 33,409.46 18 Saucer, Antwan $ 11,060.00 $ 122,943.80 19 Stroud, Debra $ 790.00 $ 16,167.55 20 Villatoro, Kevin $ 14,944.00 $ 289,918.62 21 TOTAL 87,036.655 1,329,450.09$ 22 Claim is hereby made for the full amount owed by the County under the law, that is, $926,379.73 23 plus interest as allowed by law. 24 (e) The name or names of the public employee or employees causing the injury, 25 damage or loss, is unknown. 26 (f) The amount claimed exceeds $25,000, and therefore this matter is not a limited 27 civil case. 28 CLAIM AGAINST CONTRA COSTA COUNTY BOARD OF SUPERVISORS (GOVT. CODE § 910) 89082�'� 1 2 DATED: August 30, 2001 HANSON, BRIDGETT, MARCUS, VLA-HOS & 3 RUDY, LLP B ��Z/6j� 5 MICRA LA. DUNCHEON Attorney for Claimant U John Muir/Mt. Diablo Health System 7 8 9 10 11 12 13 14 15 16 17 18 19 . 20 21 22 23 24 25 26 27 28 -3- CLAIM AGAINST CONTRA COSTA COUNTY 890824.1 BOARD OF SUPERVISORS (GOVT. CODE § 910) EXHIBIT `B" The �eggg of Supervisors Contra John Sweeten Clerk of the Board a and County Administratjon_E ng Costa CountyAdministr3tor 651 Pini�et. R (925)335-1900 Martine 1i0nia 94553r--11293 County John Gi iQ1e11dqfrpepL se c Gayle B.Uilkema,2nd District Donna Gerber,3rd District Mark DeSaulnier,4th District ^•�-;,,. Federal D.Glover,5th District ^ •z TO: JOHN MUIR / MT. DIABLO HEALTH SYSTEM c/o Michael A. Duncheon, Esq. HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP 333 Market Street, Suite 2300 San Francisco, CA 94105-2173 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on August 31, 2001, has been reviewed by County Counsel and is being returned to you herewith because: X Your claim for an injury to person or personal property was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some JOHN MUIR/MT. DIABLO HEALTH SYSTEM c/o Michael A. Duncheon Re: Claim Page Two circumstances leave to present a late claim will be granted. (See Government Code section 911.6) Date: is- JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: I; t Deputy Clerk Enclosure Affidavit of Mailing I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the above NOTICE TO CLAIMANT (OF LATE-FILED CLAIM), addressed to the claimant as shown above. Date: z- Deputy Clerk l:\TORT\RIS K-MGnC LA IMS\LATEVohnMui rMtDiablo.wpd CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Sept 18, 2001 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. D � notice of the action taken on your claim by the til D Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and SEP 0 4 2001 915.4. Please note all "Warnings". AMOUNT: 5926,379.73 COUNTY COUNSEL MARTINEZ,CALIF, CLAIMANT: John Muir/Mt. Diablo Health System ATTORNEY: Hanson, Bridgett, Marcus DATE RECEIVED: August 31, 2001 ADDRESS: 333 Market St Suite 2300 BY DELIVERY TO CLERK ON: August 31, 2001 San Francisco, CA 94105-2173 BY MAIL POSTMARKED: Au.jzust 30, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE r Dated: August 31, 2001 By: Deputy / II. FROM: County Counsel TO: Clerk of the Board of Supervise s ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). (-)'Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: g�s r By: v! 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: JOHN SWEETEN, 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,4dressed to the claimant as shown above. r i 1 Dated: 0 JOHN SWEETEN, CLERK By lr� . . Deputy Clerk I I I d . I I I y 'I I I II I'I This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. II The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. I I I II I I I I I I I I I I 'I I I I I I I John Sweeten =The Board of Supervisors Contra Clerk ot[tie Board and County Administration BuildingCOC�ta County Administrator 651 Pine Street, Room 106 J (925)335.1900 Martinez, California 94553-1293 County John Gioia, 1st District Gayle B.Uilkema,2nd District 'i: �•: Donna Gerber,3rd District _ .f Mark DeSaulnier,4th District Federal D.Glover,5th District . ST'S CUUNSi . TO: JOHN MUIR / MT. DIABLO HEALTH SYSTEM c/o Michael A. Duncheon, Esq. HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP 333 Market Street, Suite 2300 San Francisco, CA 94105-2173 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on August 31, 2001, has been reviewed by County Counsel and is being returned to you herewith because: X Your claim for an injury to person or personal property was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some JOHN MUIR/MT. DIABLO HEALTH SYSTEM c/o Michael A. Duncheon Re: Claim Page Two circumstances leave to present a late claim will be granted. (See Government Code section 911.6) Date: U ,n JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: ? L Deputy Clerk Enclosure Affidavit of Mailing I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the above NOTICE TO CLAIMANT (OF LATE-FILED CLAIM), addressed to the claimant as shown above. / Date: Deputy Clerk 1:\TORT\R I SK-MGT\C LAI MS\LATEUohnMuirMtDiablo.wpd I HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP MICHAEL A. DUNCHEON- 65682 2 333 Market Street, Suite 2300 San Francisco, California 94105-2173 RECEIVED 3 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 4 mduncheon@hansonbridgett.com AUG 312001 5 Attorney for Claimant CLERK BOAT! OF SUPERVISORS John Muir/Mt. Diablo Health System I CON i..A COSTA CO. 6 7 8 CLAIM FOR MONEY OR DAMAGES 9 10 11 JOHN MUIR/MT. DIABLO HEALTH SYSTEM, 12 CLAIM AGAINST COUNTY OF CONTRA Claimant, COSTA AND ITS BOARD OF 13 SUPERVISORS (Govt. Code § 900 & seq.) V. 14 COUNT' OF CONTRA COSTA and its 15 BOARD OF SUPERVISORS, 16 Respondent. 17 18 To: COUNTY OF CONTRA COSTA and to its BOARD OF SUPERVISORS addressed 19 to the Clerk of the Board of Supervisors, County Administration Building, 651 Pine Street, Room 20 106, Martinez, California 94553: 21 JOHN MUIR/MT. DIABLO HEALTH SYSTEM ("Claimant") hereby makes and submits 22 a claim against COUNTY OF CONTRA COSTA and its BOARD OF SUPERVISORS 23 (`County") pursuant to California Government Code § 910 as follows: 24 (a) Claimant's name and post office address is: John Muir/Mt. Diablo Health System, 25 1400 Treat Boulevard, Walnut Creek, CA 94596-2142. 26 (b) The post office address to which the claimant desires notices to be sent is: Michael 27 A. Duncheon, Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP, 333 Market Street, Suite 2300, 28 San Francisco, CA 94105-2173. -1- CLAIM AGAINST CONTRA COSTA CO[.JNTY BOARD OF SUPERVISORS(GOVT.CODE§ 910) R90R24.1 I (c) The date, place and other circumstances of the occurrence or transaction which 2 gave rise to the claim asserted: at various times during the years 1999 and 2000, Claimant 3 provided health care services, usually on an emergency basis, to prisoners incarcerated in County 4 of Contra Costa for which the County is financially responsible for the cost of care pursuant to 5 California Penal Code S 4011, and seq., and the County paid less than the amount actually due. 6 Full payment was due within the last twelve months, but full payment has not been received. 7 (d) A general description of the indebtedness, obligation or injury, damage or loss 8 incurred so far as it may be known at the time of presentation of the claim: the following 9 prisoners-patients received health services, County was billed for services, and the County paid 10 less than the amount owed, as follows: 11 Patient's Name Amount Paid Amount Owed 12 Baker, Earl $ 17,472.65 $ 156,893.62 13 Duncan, Reginald $ 2,370.00 $ 84,831.73 14 Edwards, Blade $ 5,040.00 $ 57,235.48 15 Hollis, John $ 3,310.00 $ 24,306.83 16 Levine, Eli Saul $ 27,300.00 $ 543,743.00 17 Orozco, Rolando $ 4,750.00 $ 33,409.46 18 Saucer, Antwan $ 11,060.00 $ 122,943.80 19 Stroud, Debra $ 790.00 $ 1.6,167.55 20 Villatoro, Kevin $ 14,944.00 $ 289,918.62 21 TOTAL 87,036.65$ 1,329,450.09$ 22 Claim is hereby made for the full amount owed by the County under the law, that is, $926,379.73 23 plus interest as allowed by law. 24 (e) The naive or names of the public employee or employees causing the injury, 25 damage or loss, is unknown. 26 (f) The amount claimed exceeds $25,000, and therefore this matter is not a limited 27 civil case. 28 -2- CLAIM AGAINST CONTRA COSTA COUNTY 890824.E BOARD OF SUPERVISORS(GOVT. CODE§ 910) 1 2 DATED: August 30, 2001 HANSON, BRIDGETT, MARCUS,VLAHOS & 3 RUDY, LLP 4 By: J�� a8L -- 5 MIC AEL A. DUNCHEON 6 Attorney for Claimant John Muir/Mt. Diablo Health System 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- CLAIM AGAINS'r CONTRA COSTA COUNTY BOARD OF SUPERVISORS(GOVT. CODE§ 910) s9osza.i LINA R.GUILLEN H 11 11 S U 11 DIRECT DIAL 415-995-5822 w I D ** REPLY TO SAN FRANCISCO IUB I I E-MAIL Iguillen@hansonbridgett.com September 25, 2001 M fl fl C U S VLflNOS flUDMR Attn: John Sweeten Clerk of the Board of Supervisors and County Administrator County Administration Building 651 Pine Street, Room 106 Martinez, California 94553-12993 Re: John Muir/Mt. Diablo Health System v. Countv of Contra Costa Clain No: 48656 Dear Mr. Sweeten: We are the attorneys for John Muir/Mt. Diablo Health System ("John Muir"). John Muir filed its Claim Against the County of Contra Costa and its Board of Supervisors on August 31, 2001. (Attached hereto as Exhibit A). The Board of Supervisors returned this claim with a Notice to Claimant of Late-Filed Claim. (Attached hereto as Exhibit B). In determining that this claim was untimely, the Board of Supervisors erroneously applied the six-month time limitation under Gov. Code section 911.2, which states that, "a claim relating to a cause of action for death or for injury to person or to personal property or growing . crops shall be presented . . . not later than six months after the accrual of the cause of action." Gov. Code section 911.2 also provides that"a claim relating to any other cause of action shall be presented . . . not later than one year after the accrual of the cause of action." John Muir's claim is not a claim for injury to person, personal property or growing crops. John Muir's claim is a contract claim that seeks to recover the money the County owes John Muir for healthcare services provided to county prisoners. Accordingly, the claim relates "to a cause of action; other than injury to person, personal property or growing crops"and the one- year time limitation applies. Moreover, the claim filed by John Muir is timely as it was filed within one year from the accrual of the cause of action. (See Ex. A, Claim, page 2, line 6.) CONTRA COSTA COUNTY QFrF!IIFp SEP 2 1` 2001 l OFFICE OF LAW OFFICES , WWW.HANSONBRIDGETQCUNTYA�JMINISTRATOR TCOM '� � SAN FRANCISCO MARIN SACRAMENTO 333 MARKET STREET WOOD ISLAND 980 NINTH STREET 23RD FLOOR 80 E.SIR FRANCIS DRAKE BLVD.-SUITE 3E 1 SUITE 1500 SAN FRANCISCO•CALIFORNIA 94105-2173 LARKSPUR•CALIFORNIA 94939 SACRAMENTO•CALIFORNIA 95814 TELEPHONE 415.777-3200 TELEPHONE 415.925.8400 TELEPHONE 916.442.3333 FACSIMILE 415.541.9366 FACSIMILE 415.925.8409 FACSIMILE 916.442.2348 SF@HANSONBRIDGETT.COM MARIN@HANSONBRI DGETT COM SAC@HANSONBRIDGETT.COM Attn: John Sweeten September 25, 2001 Page 2 Based on the foregoing,the County's determination that John Muir's claim is late is incorrect. Accordingly, the County is required by law to accept and consider John Muir's claim. Please notify me of the Board's decision at your earliest convenience. Very truly yours, Michael A.Durlcheon cc: Silvano Marchesi, Esq. County Counsel 896278.1 EXHIBIT "A" I HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP MICHAEL A. DUNCHEON - 65682 2 333 Market Street, Suite 2300 San Francisco, California 94105-2173 RECEIVED 3 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 4 mduncheon@hansonbridgett.com AUG 3 12001 5 Attorney for Claimant CLERK BOAT OF SUPERVISORS John Muir/Mt. Diablo Health System CON k, A COSTA CO. 6 7 8 CLAIM FOR MONEY OR DAMAGES 9 10 11 JOHN MUIR/MT. DIABLO HEALTH SYSTEM, 12 CLAIM AGAINST COUNTY OF CONTRA Claimant, COSTA AND ITS BOARD OF 13 SUPERVISORS (Govt. Code § 900 & seq.) V. 14 COUNTY OF CONTRA COSTA and its 15 BOARD OF SUPERVISORS, 16 Respondent. 17 18 To: COUNTY OF CONTRA COSTA and to its BOARD OF SUPERVISORS addressed 19 to the Clerk of the Board of Supervisors, County Administration Building, 651 Pine Street, Room 20 106, Martinez, California 94553: 21 JOHN MUIR/MT. DIABLO HEALTH SYSTEM ("Claimant") hereby makes and submits 22 a claim against COUNTY OF CONTRA COSTA and its BOARD OF SUPERVISORS 23 ("County") pursuant to California Government Code § 910 as follows: 24 (a) Claimant's name and post office address is: John Muir/Mt. Diablo Health System, 25 1400 Treat Boulevard, Walnut Creek, CA 94596-2142. 26 (b) The post office address to which the claimant desires notices to be sent is: Michael 27 A. Duncheon, Hanson, Bridgett, Marcus, Vlahos &Rudy, LLP, 333 Market Street, Suite 2300, 28 San Francisco, CA 94105-2173. -1- CLAIM AGAINST CONTRA COSTA COUNTY 890824.1 BOARD OF SUPERVISORS(GOVT. CODE § 910) I (c) The date, place and other circumstances of the occurrence or transaction which 2 gave rise to the claim asserted: at various times during the years 1999 and 2000, Claimant 3 provided health care services, usually on an emergency basis, to prisoners incarcerated in County 4 of Contra Costa for which the County is financially responsible for the cost of care pursuant to 5 California Penal Code § 4011, and seq., and the County paid less than the amount actually due. 6 Full payment was due within the last twelve months, but full payment has not been received. 7 (d) A general description of the indebtedness, obligation or injury, damage or loss 8 incurred so far as it may be]mown at the time of presentation of the claim: the following 9 prisoners-patients received health services, County was billed for services, and the County paid 10 less than the amount owed, as follows: 11 Patient's Name Amount Paid Amount Owed 12 Baker, Earl $ 17,472.65 $ 156,893.62 13 Duncan, Reginald $ 2,370.00 $ 84,831.73 14 Edwards, Blade $ 5,040.00 $ 57,235.48 15 Hollis, John $ 3,310.00 $ 24,306.83 16 Levine, Eli Saul $ 27,300.00 $ 543,743.00 17 Orozco, Rolando $ 4,750.00 $ 33,409.46 18 Saucer, Antwan $ 11,060.00 $ 122,943.80 19 Stroud, Debra $ 790.00 $ 16,167.55 20 Villatoro, Kevin $ 14,944.00 $ 289,918.62 21 TOTAL 87,036.65$ 1,329,450.09$ 22 Claim is hereby made for the full amount owed by the County under the law, that is, $926,379.73 23 plus interest as allowed by law. 24 (e) The name or names of the public employee or employees causing the injury, 25 damage or loss, is unknown. 26 (f) The amount claimed exceeds $25,000, and therefore this matter is not a limited 27 civil case. 28 -2- CLAIM AGAINST CONTRA COSTA COUNTY 890824.1 BOARD OF SUPERVISORS(GOVT.CODE§ 910) 1 2 DATED: August 30, 2001 HANSON, BRIDGETT, MARCUS, VLAHOS & 3 RUDY, LLP 4 By: 5 MIC kELA. DUNCHEON 6 Attorney for Claimant John Muir/Mt. Diablo Health System 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 -3- CLAIM AGAINST CONTRA COSTA COUNTY BOARD OF SUPERVISORS(GOVT. CODE § 910) 89os2a.i EXHIBIT "B" r The �eggg of Supervisors Contra John Sweeten Clerk of the Board Costa and County Adminis1rationBu', �ng County Administrator 651 Pin� i�et. R (925)335-1900 Martine lifornia94553-1293 Count John GiagleYldgrrpe� c JV `fit.....�•_` G . \f: Gayle B.Uilkema,2nd District Donna Gerber,3rd District t \•; Mark DeSaulnier,4th District "- c:�" :..:: Federal D.Glover,5th District �ous ' TO: JOHN MUIR / MT. DIABLO HEALTH SYSTEM c/o Michael A. Duncheon, Esq. HANSON, BRIDGETT, MARCUS, VLAHOS & RUDY, LLP 333 Market Street, Suite 2300 San Francisco, CA 94105-2173 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on August 31, 2001, has been reviewed by County Counsel and is being returned to you herewith because: X Your claim for an injury to person or personal property was not presented within- six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some JOHN MUIR/MT. DIABLO HEALTH SYSTEM c/o Michael A. Duncheon Re: Claim Page Two circumstances leave to present a late claim will be granted. (See Government Code section 911.6) Date: is JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator B L Y� Deputy Clerk Enclosure Affidavit of Mailinq I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the above NOTICE TO CLAIMANT (OF LATE-FILED CLAIM), addressed to the claimant as shown above. Date: Deputy Clerk I:\'rO RT\RIS K-MGT\C[.A IMS\LATEUohnMuirMtDiablo.wpd i 1 CLAIM BOARD OF SUPERV SO A COSTA COUNTY OARD ACTION: 000,' 2001 Claim Against tie County, or District Governed the Board of Supervisors, Routing Endorsemen -� NOTICE TO CLAIMANT and Board Action. All Section references are to ) py 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 D6 II�r D 915.4. Please note all "Warnings". LiA AMOUNT: Unknown SEP 2 5 2001 COUNTY COUNSEL CLAIMANT: Patricia Gerrard .MARTINEZ CALIF ATTORNEY: Michael Justice DATE RECEIVED: September 24, 2001 ADDRESS: 21800 Oxnard St#790 BY DELIVERY TO CLERK ON: September 24, 2001 Woodland Hills, CA 91367 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETENTe, , Dated: September 24, 2001 By: Deputy / 11. 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: JUM 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 vh)JgZ 16 ,0 f JOHN SWEETEN, CLERK, By ` ! �j��:��, 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:�J_ JOHN SWEETEN, CLERK By ' Deputy Clerk I • I • I • I T I I I I I I I I I II I I I'I This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. R 'I The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. I I I I I I 'I I • I I I I I I I I I I t I I 'I I II I 'I I I • I I II • I J - . 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ORIGINAL INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented no 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 no 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 a 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 PATRICIA GERRARD AECEIVED- Against the County of Contra Costa of ) :$EP.2.- ®f SHERIF'S DEPARTMENT Diet•) T CCEIiICBDRRD Of StfRERVFSOAS J:= (Fill'„in.name)`'` ) Cord-RA`WSU CO. • 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 presents as follows: 1. When did the damage or injury occur? (Give exact date and hour) JUNE 8,2001 2. Where did the damage or injury occur? (Include city and county) CONTRA COSTA COUNTY JAIL in Martinez California 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimant was wrongfully arrested and imprisoned by the Sherif's Department. Claimant was further given and forced to take the wrong medication for her diabetes while in the custody of the Contra Costa Sherifs Department. .4. What particular act or omission on the part of the county or district officers, servants, or employees caused the injury or damage? Claimant was wrongfully arrested and imprisoned by the Sherif's Department. Claimant was further given and forced to take the wrong medication for her diabetes while in the custody of the Contra Costa Sherifs Department. 5. What are the names of the county or district officers, servants, or employees causing the damage or injury? Unknown at present time. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Claimant was required to spend money to hire an attorney; was jailed; and incurred unknown economic and emotional damages. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Unknown at present time. 8. Names and addresses of witnesses, doctors, and hospitals. Unknown at present time. 9. . List the expenditures you made on account of this accident or injury? DATE TIME AMOUNT t Unknown at present time. Code Sec.:910.2 provides "The claim must ibe. signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) Name and Address of Attorney ) MICHAEL L. JUSTICE, ESQ. ) 21800 Oxnard Street, Suite 790 ) (Claimantl Signature) Woodland Hills, California 91367 ) 3915 Delta Fair Blvd., Unit D7 (Address) )Antioch, California 94509 Telephone No.. (818) 992-8139 ) Telephone No. (925) 778-3801 ****************************************************************************************** NOTICE Section 72 of the Penal Code provides: Every person who with the intent to defraud,presents for allowance or the payments 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 or not exceeding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. '::-j ,., ..":"'�1,"I.I .-,. ,'�. ' I. .�s"' .".',..' I,-.1 ...'.. - �',.".�" "..�_,....,,.._'% , -'�, '.�'-,�'.,"" , " _-'j-j,1'"� ,-�' �. "� " .�.� , . ,;. ;. � . 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" ,. , i;lll e .. '. , �� '. ,, - I I I ,. ., , . � -,,_., ,. � '. '., --� - .'. , . " ..4.�. � .t�. -1� I , . , � . ,, I � ' , , . -,,.", ,�, ".-.",�.� � , . -, ,, ' , �, ' ' ' ' 11 i .� � ..::.' � , -,!!��%��'_ '- -,",�: .'1,,. , .� .11 '. I, - � , " " ' , ' ': ' ' . . , ,�' , � . � , ,. _ ", . BOARD OF SUPER IS OSTA COUNTY fo r' SEP 217 2001 BOARD ACTION: Oct , 2001 CLE K BOARD OF SUPERVISORS Claim Against the County, or District Governed CONTRA COSTA CO. 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". SEP 2 5 2001 AMOUNT: Unknown COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: Samuel Martell ATTORNEY: None DATE RECEIVED: September 24, 2001 ADDRESS: 5313 Ridgeview Cir#5 BY DELIVERY TO CLERK ON: September 24, 2001 E1 Sobrante, CA 94803 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETE r Dated: September 24, 2001 By: Deputy i II. F OM: 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: ZS 6 By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Adminis rator(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: ��P, 01 JOHN SWEETEN, CLERK, By�if "0/�� — , 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: JOHN SWEETEN, CLERK By F/ Deputy Clerk i - �' I t • ! }J '1 !• IIS i I I This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. I I i I I I I • i i I _ I I . I i i I i I I i r. RECEIVED September 20, 2001 SEP 2 4 2001 CLERKBOARD OF CONTRA COSTA CO SUPERVISORS CLAIM FOR MONEY OR DAMAG TO: Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553 PLEASE DIRECT ALL CORRESPONDENCE CONCERNING THIS CLAIM TO CLAIMANT SAMUEL MARTELL, 5313 RIDGEVIEW CIRCLE, #5, EL SOBRANTE, CA 94803; (510) 222- 6909. Name of Claimant Samuel Martell Date of Birth January 1 , 1960 Address of Claimant 5313 Ridgeview Circle, #5, EI Sobrante, CA 94803 Personal Information Equipment operator who supports himself and three children. Date Time and.Place Of Occurrence Medical treatment for Samuel Martell at the Contra Costa Regional Medical Center at 2500 Alhambra Avenue, Martinez, CA 94553 on March 26, 2001 . As a result of the negligent treatment, Mr. Martell received incorrect total knee prosthesis and will require total knee revision arthroplasty. Basis for Claim The Contra Costa Regional Medical Center, John Kronick, M.D. and the other defendants to be named in such action were negligent in the examination, diagnosis, care and treatment of SAMUEL MARTELL on or about March 26, 2001 . As a result of the foregoing negligence, SAMUEL MARTELL has sustained injuries, damages and losses of the following types presently known: Physical injuries consisting of total knee arthroplasty; Medical and related expenses; Loss of earnings; Impairment of future earning capacity; Pain and suffering, emotional distress, and impairment of enjoyment of life; and Other damages and losses. All the foregoing is based on facts as presently known, and there may be other and additional injuries, damages, losses and expenses still to be ascertained. Computation of the Damages, Injuries so for as may be known as of the Time of the Presentation of this Claim As a result of the careless and negligence of the defendant County of Contra Costa and its employees including but not limited to John Kronick, M.D. damages of the above types are presently known. Physical injuries.including total knee revision arthroplasty; Medical and related expenses exceed $25,000; Future total knee revision arthroplasty; Future medical and related expenses exceed $25,000; Pain and suffering, emotional distress and impairment of enjoyment of life exceed $250,000; Other damages and losses exceed $25,000; Name of County Employee Who Was Negligent County employees who are negligent include, but are not limited to, John Kronick, M.D. The Amount of Claim Superior Court Unlimited Jurisdiction. Dated: September 20, 2001 SAMUEL MARTELL, Claimant " --' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Oct 16, 2001 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: Unknown CLAIMANT: Samuel Martell ATTORNEY: None DATE RECEIVED: September 24, 2001 ADDRESS: 5313 Ridgeview Cir#5 BY DELIVERY TO CLERK ON: September 24 ,2001 El Sobrante, CA 94803 BY MAIL POSTMARKED: v eA b�4 QSW OGYv-e I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SW )*t4 0" Dated: September 24, 2001 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of SuperviF 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: 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: JOHN SWEETEN, 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: JOHN SWEETEN, CLERK By Deputy Clerk I I ' I I I I I I I I I I This warning does not apply to claims which are not I subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is .not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period I within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. . I The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive I rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. I I I I I I I I I I I I I I I I I I I I I I I i ' I I I I I I I I I I I I I I I I County of Contra Costa CAO— Risk Management Division 2530 Arnold Drive, Suite 140 Martinez, California Phone. 5-1443 Far 5-1421 September 25, 2001 TO: Clerk of the Board FROM: Ron Harvey f�� Risk Manager SUBJECT: Notice of Intent—Samuel Martell Please handle the attached Notice of Intent as a claim. If you have any questions feel free to call me at the above number. NOTICE OF INTENT TO COMMENCE ACTION AGAINST HEALTH CARE PROVIDER / (Code of Civil Procedure Section 364) TO: John Kronick, M.D. Contra Costa Regional Medical Center 2500 Alhambra Avenue Martinez, CA 94553 YOU ARE HEREBY NOTIFIED pursuant to the provisions of California Code of Civil Procedure Section.364, that Samuel Martell intends to, and will, commence a legal action against you ninety (90) days or more after the date of service of this notice. The legal basis for such action will be that you and the other defendants to be named in such action were negligent in the examination, diagnosis, care and treatment of Samuel Martell on or about March 26, 2001 . As a result of the foregoing negligence, Samuel Martell has sustained injuries, damages and losses of the following types presently known: Physical injuries consisting of total knee arthroplasty; Medical and related expenses; Loss of earnings; Impairment of future earning capacity; Pain and suffering, emotional distress, and impairment of enjoyment of life; and Other damages and losses. All the foregoing is based on facts presently known, and there may be other and additional injuries; damages, losses and expenses still to be ascertained. Dated: September 20, 2001 SAMUEL MARTELL, Claimant CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Oct 9, 2001 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 �lv II� �D Pursuant to Government Code Section 913 and SEP 2 5 2001. 915.4. Please note all "Warnings". AMOUNT: Unknown COUNTY COUNSEL MARTINEZ CALIF. CLAIMANT: Pamelar Kimble ATTORNEY: None DATE RECEIVED: September 24, 2001 ADDRESS: 1231 Willow Ave#D-10 BY DELIVERY TO CLERK ON: September 24, 2001 Hercules, CA 94547 BY MAIL POSTMARKED: September 21, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET Dated: September 24, 2001 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: ` Deputy County Counsel III. FROM: Clerk of the Board TO: County unsel (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: JOHN SWEETEN, 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:(�� JOHN SWEETEN, CLERK By � N' Deputy Clerk I I I I I I I I I I This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. i The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. I I I I I I I I I . I I I I I I I I I I I I I I I I I I I I I I I I 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 1001h 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 orb owing 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 553. „65 1 Pine Street.Martinez. CA 94 C. If Claim is against a district governed by the Board of Supervisors. rather than the Count•, 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. Penai Code Sec 7= ac thle crid of this ;'erm. RE: Claim by ) Reserved for Clerk's Filing Stamp Against the County of Co tra 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 S and in support of this claim represents as follows: 1. When did the damage or injury occur? (.Give exact Date and Hour) ---------- ------- '_. Where did the dama:e or injury occur? (Include it.v and County) / v 3. How did the damage or inju - occur? (Give full details;use extra paper if required') ------------------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? <(k er) r aag par luamuosildmi goes gloq Sq 10 `( 000`0IS ) uriiop pursnogl tial louipaaoza lou jo aug r .iq `uosud aims aq1 ui laamuosudmi Sq 10 �au jj par luauzuosudmr gons gloq .iq 10 •( ()00'TS ) slrliop pursnogl auo ouipaaoza 1oa jo aug r Sq •1[dA auo argl alom 1oa jo pouad r 1oj grf bunoo aql ur luamuosudun .iq lagl!a algrgsiund si `Durlu.b 10 °laganon �lunooDr •ijiq •mrr1a luainpnrlj 10 aslrj .iur �auinua:jr amus aq1 .+rd 10 .,wile o1 pazuogjnr `1azWo so psroq loulsip 10 .i1lo i.ilunoz) Sur .0110 4laagj0 10 p1rOq a1r1S .iur Ol luamnrd ioj 10 aJUrmolir 1oj slaasaad •pnrljap of III;;= g1in.-oq.a aoslad .i1an3,• :sapr.iold apoD iruad agl jo.Z., aorloaS 3JI -L04 -ori auogdaial �' -off auogdaial ssalppy ) ( alnlruD�s s•lur.w�ri� 1 .iaulouF jo ssalpp.F par amrh� jirgaq slg uo uoslad awos .iy so !;.iauloilF) :oi saDuoti Qu35 lurmtrio aq1.iq paatis aq lsnm wrrio aqL, :sapi.iold ;.•016 •aac apo' -AO0. IN il 0 1 t Nall 3 Lt Q ..ilnfut 10 luaproor sigl jo lun000r uo aprm noe saimipuadza aq1 lsi-I (, --------------------------------------------------------- �-------------------------- siujidsoq par -slolaop -sassauli.++jo sassalppr par, samrhj •s ------ ------- ------- --- ------- ------------------------------------------------------- (•aoewep io.ijnlur anuaadsosd.sue jo iunomr paieutosa aqj apnpul? palndwoa lunouir pauimlo anogr aq1 sr.v .uog - ---------------------------------- --------------------------------------------------- loj saleucgsa obi yaeuy :pauttrla saoewep to saunfui to luaixa mq and,D):Lpalinsw tamlo noe op saunfui 10 saDEmrp iri{:b ': 9 ----------------------------------------------------------- -� ------------- �:1lnfai 10 aormrp aql DuISnE�SaaAOidma 10`Slar.tlaS`51a'JI�jO l�ulslp 10.tlanOJ j0 Samra aql alr lrii� 'y z • • INV. DATE ALL GLASS CO . # OR01300 04 A. �0c)1 12517 SAN PABLO AVE . CUST. SALE RICI-111OND , CA 94805 # `)99c?999 TYPE RE � 5 10 )`3`—744 + CUST. SOLD FAX9 151(,) )233-4347 P.O. BY LONG FED IDr 561-b7-1.245 FED. INST'L T # BY RE:T'A11-S INSHOP Hm - - Wk - - YEAR 1,995 MAKE p�,(�URA POLICY 4; .} L;C) BODY r r AUTHOR- MODEL T STYLE 0R s_E DA,�.� IZED BY LIC. CLAIM LOSS # c V.I.N. CODE DATE HOME BUS. DAMAGE/ PHONE _ M PHONE — CAUSE OT. PART DESCRIPTION BLOCK SIZE LIST PRICE TOTAL 1 FW00805G6NN Windshi.t✓ld 16.3x61 .,5 455 . 25 159 .51 159 .51 Lab�:Di- !, t:l..at. rate, ) _ 40 .00 . 2 .0 Urat.htarle . Dam , Primmer a 0 0 .00 T OTP�L LABOR ( N0N-TAXABLE ) 40 .00 SPECIAL INSTRUCTIONS a�.'.a _ r TAX 12 .76 All material sold on this invoice is guaranteed to be as specified, and is not safety glazed material unless so marked. It is sold with the understanding that this material will not be glazed in a "hazardous location" as defined by the Consumer Product Safety Commission. All merchandise returned for credit, refund or exchange must be in resaleable condition, authorized for return, accompanied by this receipt, and may be subject to restocking fee. No returns will be authorized for rOTAL 2.1.2 .27 special orders or cut flat glass.Terms of payment are 30 days from invoice date. A service charge of 1 "8%per month ( �1 ��/o annum) will be added to past due accounts. BALANCE 212 .27 RECEIVED BY: 7Thess listed has been replaced/repaired with like kind and quality to my entire satisfaction,end `;: rize my Insurance Company,to pay the"Above named Repair/Glass Company"directly for the nd installation charges,or repairs. ' A .... ` USf 223 3 CASH69 All Star Glass 14622 SAN PABLO AVE (510) 412-3510 PAR#AJ201380 CASH SALES SAN PABL.O 510-412-3510 Fax 510-412-3515 0. 00 1995 ACURA `. STL 4 DOOR SEDA 0 09/04/01 EMM PROVIDE_ AND INSTALL 1 FW00805GBNN Windshield 455. 75 0. 28 Labor 69. 00 2. 0 Urethane, Dam„ Primer•• 0. 00 0. 00 1 WTMF805BOEM Moulding (Black) (Top) 35. 70 35. 70 1 PCK80597 Clip(S) 20. 35 20. 35 All new parts provided License This is an estimate only, not an invoice for work performed Original Estimate _ Authorised by Phone # Date Time 128. 33 69. 00 10. 27 207. 60 207. 60 Stj�c d. pis I �t C i i A �� d J a' y 1E D SILVANO B.MARCHESI + DEPUTIES: COUNTY COUNSEL 5 E_L 1 �iAf JANICEPHILLIP L.ALTHOFF I JANICE L.AMENTA i I NORA G.BARLOW 4 • C' -0 OF SUPE,i�ISv ,� B.REBECCA BYRNES SHARON L. ANDERSON a /- Y , o / nn^ ANDREAW.CASSIDY ASSISTANT COUNTY COUNSEL I, N \ O MONIKA L.COOPER CONTRA COSTA-COU A CQSTA C . F;c.Tt .�\ 1, VICKIE L.DAWES GREGORY C.HARVEY OFFICE.OF THE-.000,NT,,Y.:`000NSEL MARKES.ESTIS ASSISTANT COUNTY COUNSEL ;I,,,... _-=- - -' I LILLIANT.FUJII g,.COL)N�Y�1-' DMINISTRATION.BUIL•DINC— JANET L.HOLMES DENNIS C.GRAVES `65,1xRINE•-STREE'Ttir9th,_rF�00R KEVIN T.KERR ' '°.- '`"�� BERNARD L.KNAPP SENIOR FINANCIAL COUNSEL MARTINEZ;-CALIFQ. _IA,9�55�-1229 .f,.�.w EDWARD V.LANE,JR. BEATRICE LIU GAYLE MUGGLI MARY ANN MASON PAUL R.MUNIZ OFFICE MANAGER �o�=� , S. --_ K� A CQUj4 VALERIE J.RANCHE PHONE (925) 335 1800RETTIG NOTICE OF INSUFFICIENCY STEVEN P.DAVID I F. HMDT FAX (925) 646-1078 D ANJ.SILVER DT AND/OR JACQUELINE Y.WOODS PAMELA J.ZAID NON-ACCEPTANCE OF CLAIM TO: PAMELAR KIMBLE 1231 Willow Avenue, #D-10 Hercules, CA 94547 RE: CLAIM OF: PAMELAR KIMBLE Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] I. The claim fails to state the name and post office address of the claimant. [ 12. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [ ] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ 15. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. Page 1 Pamelar Kimble Re: Claim Page Two [X ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. Other: SILVANO B. MARCHESI COUN COUNSEL 1 By: l JANET L. HOLMES Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5; Evidence Code§§ 641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street, Martinez,California 94553; I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. 1 certify under penalty of perjury that the foregoing is true and correct. Dated: September 27,2001,at Martinez,California. OneE Kathleen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE,§§910,910.2,920.4,910.8) Page 2 ' .. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION October 16, 2001 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: $105.70 SEP 2 7 2001 UU CLAIMANT: Jean A. Valesano COUNTY COUNSEL MARTINEZ CALIF ATTORNEY: None DATE RECEIVED: September 25, 2001 ADDRESS: 5136 Buckboard Way BY DELIVERY TO CLERK ON: September 19, 2001 Richmond, CA 94803 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SW Dated: September 25, 2001 By: Deputy i 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: l.cu,w� w� b G ew C-4 1, 9 10 . 2- X _ ss��rR.vT Dated: (R 7 moo/ By: - Pepttty County Counsel III. FROM: Clerk of the Board TO: County Coun e ( 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: QQ 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: JOHN SWEETEN, CLERK, By i , 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: JOHN SWEETEN, CLERK By I Deputy Clerk y I I I I I I I I I I This warning does not` apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. I The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. I I I I I I I I I I I I I I I I i I I I I I I SILVAN0,19.MARCHESI oeP .A SE__L PHILLIPSALTHOFF ` CQUNTY*CiOUNSEL _ JANICE L.AMENTA 1t11�Yi _�__�F NORA G.BARLOW SHARON L.ANDERSON B.REBECCA BVRNEs s. "^� F '�,- ANDREAW.CASSIDY ASSISTANT COUNTY COUNSEL / ' - C NIRA COSTA-00 NTY MONIE L.DAWOPER lJ i1• s � �� , VICKIE L.DAWES GREGORY C.HARVEY OFFIC 1 F T.K-- O.0 Y`_'14UNSEL MARKES.ESTIS ASSISTANT COUNTY COUNSEL ,�� I S LILLIANT.FUJII �` Ot7N7�ADMINISTRAII6 I tl JANET L.HOLMES VINTKERR DENNIS C.GRAVES 1 INE-STREET+' BERNARDL.K ,�.`� �'"�-' '=' +�' � 29 BERNARD L.KNAPP SENIOR FINANCIAL COUNSEL MA N -CALI1',) 2 EDWARD V LANE.JR. BEATRICE LIU GAYLE MUGGLI �;,� af/G� MARY ANN MASON OFFICE MANAGER OS? PAUL R.MUNIZ VALERIESRANCHE STEVEN R PHONE (925) 335-1800 NOTICE OF FICIENCY DAVID F.SCHM DIT FAX (925) 646-1078 DIANAJ.SILVER AND/OR JACQUELINE Y.WOODS PAMELA J.ZAID NON-ACCEPTANCE OF CLAIM TO: Jean A. Valesano 5136 BuckBoard Way Richmond, CA 94803 RE: CLAIM OF: JEAN A. VALENSANO Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] I. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [ ] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. Page 1 Jean A. Valensano Re: Claim Page Two [X] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. Other: J SILVANO B. MARCHESI COUNTY COUNSEL B 4JNEIT L.WH6LMAES ' Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5; Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street, Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. 1 served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Datcd: September#,2001,at Martinez,California. Kathleen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE✓§910,910.2,920.4,910.8) Page 2 Claim to: BOARD OF SUPERVISORS OF CONTRA,COSTA COUN 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 1001h 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. 2 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp �i 3G ,Bu c,�Lto.4-rZ a ccs A-e� ) 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 S 105, ')0 and in support of this claim represents as follows: 1. When did the damage or injury occur? (.Give exact Date and Hour) 0 10 ol---------=- -------------------------------------- ---- - -------- 2. :'here did the damage or injury occur? (Include Citv and Count ) 3. How did the damage or injury occur? (Give full details: use extra paper if required i Av e!a-J G /\//Id 01J u5A-A J le?9-e4o 77fe__ 0C-,.Y T_ —_ 1R,P�e v_ /''! /IL._ S/fAl /DST PUAA:c ZJ.r� J7�E ------------------------- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? r 110a/-J G i4-r%T�/D,2 `iXi.�I f� J`�G%fIL SIBS�l/ �Osr• (Over) -aug pur luawuosildmr q:)ns gloq Aq 10 `( 0004OTS ) slrllop pursnogl Qat Lnlpaaaza loII jo aug r .Cq `IIosud alms aql ar laamuosudmr .:q 10 `aug par.luawuosudu i q:)ns gloq .iq 10 -( 000-IS ) urllop pursnogl auo ouipaa:)za lou jo aug r Aq °lran auo argj alow IOU jo pouad r 1oj Ilrf .iiunoa aql ui luawuosudmr .:q laglia algrgslund sl tullu.0 10 `lagonon 'lurtOJJr `lllgl'wn;l: lualnpnrlj 10 aslrj Aur "aurnua,16 avers aql -trd 10 .aolfu of pazuoglnu 1a,jWo 10 plrog loulsip 10 .ula -.iiunoa Aur of 10 41aag;o 10 plroq aids :iur of luaw.ird 1oj ao aaur.,&ollr 1o; sivasaad •pnrl;ap of lualui gll,a-oq.++ uossad .i ani„ :sap�iwd apoJ lruad agl jo Z: oiiaaS 3JI10N •off auogdaial •ori auoildalal (alrurutiS s•lur,rurrlJ ) Caruouy.;o ssalppF pur. aumN; ,•lirgaq s►q uo uossad awos .iq so ;:aEuouN-) :O L 53JI10Q43S lurwmlo aql.�q pauLis aq lsnw wrrlo aqs,• :sap!.to1d 2.016 aac apOJ •.,LoD 1�:lvl�t i,au 3LtQ :.►lnfur 10 ivapro:)r sigl jo lunoa:)r uo aprm not salni►puadza aql isi-j- '6 . i -------------------- ----------------------------------------------------------------- - _. _.ti- _..- ; -. _ ,.._ -._, .�_.-.,._ - . z._. _ .- • . •slri�dsog pur •sl0iaop =.sass?uir,�,.jn_sascalppv. pur. sawr.k •g :- - -- --- ---------- ---- --- ---- ----------------------"----------------------- --------�- --- 6�ZZ-1/ (-aoewep io.ijnftn anuaadsoid.iue jo iunowr parewnsa ain apn(aul 1 palndmo:) lanomr, pawlEla anogr aql SE.0 .uog _ -- - �Nl?o (aoeurep oine ioj s;nzurnsa dku peub Zpallnsal.wn:l�- ROA Op Sa[1RfIIi .10 Saurmrp lE-q& '9 ------------- ----------------------------: ;,A1nfIIi 10 anEmEp aql aIIlsnEJ saarioldma 10 `slIIEelas`SSa'Jg}0 1'T11Srp 10 .�1IIn00}0 SawEII aql a1E lEq� •s I'I p` y 'ittis 4��.i,•"'.•ri• Y � ,N�'w.�i�.': 1 O et ,o 9 n lgtr'> �/��i ., ,�� , . . . `..�yY',v.'i:+t';."s:,E��-il,..:.+;' ��' "ice� •' A, .r•6LJ� .l l O� r�1:\,*��:+!'• ' it ,'�/� _...Y., � :�� " _ �-_' . �; `�'• :7! f Vii,,•' w � o tier,�1 �.:u.,'.•-::�•`ti":��.` '--:.. .jl "L:� %.. a 0 I'V)6 ,S7 S.Iry L. - 'Wi- HEEL: W XS gOo .. :. :. .. . ... s-o"' }'¢i.�-!iii "r'F'-1iv e Iii '. i Y'i:R� .. -.i(•r��• "xpy E....�+ .+ r: t1Ye'4 Changtlhg our ktil";'Lvaiyttiing else atays'the$ame! r.. 'i'4}tY'1f. tr }.i.!r� ,' aL i"»'.. !; i,:~T �! i « ;' .... i .. -'• ,...., :..:{S#._. Mt F:`,.._.�'� I+, - :r...L t.,f.-It•1+f�d' '.j.ii".> M, ,r :.1; I•'r�.�'�.,:�,f st«,"r1»;"a �t'I` .,7.. }'ea ,.._ 1.r.+ i7«tio t:...C�•`:.}{!°., i"SIR' AT=E.)40a.. R:.. ' >;;;.� .A§a Wheel Works.oustorirer;you have,a choiije of,whether or not arty work rvtil be performed on yburvehicte.°Ii is important tows that provide the p Y g,: g neoes'sary infor itation'sr that you ala able to,MaKe,irilormed decisions.The�ettire,'we have iterfilza he arts and serviiieS b Ilia followin cafe ogle§, "f=..lri2'i�•'h:,^ .� .;, .;-;, x- s;, ;,qi.•, i." U;P.ERFORMANGE+, , "s:,•t i''P EVEN�'IVE�lIIAINTENAW-EI IMPROVE ;.•IVItfMEDIAt 'ATTEN 'ICfIJ';,a`� };<. -., ?;n::u:�c< VA You may need these,Items due.to:...... ..:.These are optional Items These are optional Items •Component no longer performs intended purpose comply with makitenance recommendations by the vehicle's • Address a customer request or coman}erica{stiffon ride,enhance • Component does not meet a design specification(regardless original equipment manufacturer(OEM) performance,eliminate noise,etc.) of performance) Comply with recommendations by the fire manufacturer * Although many aftermarket manufacturers claim Improved •Component le missing ... •.Component Is;close to the and of Its useful life Oust above the performance over the original equipment manufacturer;we can only discard 8;citicaflons,or weak,etc.) rely upon their testing results,and cannot confirm their cialms of performance. p. CITY STOCK NUMBER DESCRIPTION PARTS "''.' ':'LABORIOTHER EXTENSION .i :Fi. - t� r, . . ',;•lt}1^' +'�,.:3le.!. }:. 3.l ice• i-f„�•.': "_. ._ -. _ .-:t,. � .... - - ....._.. 'Al ..:{>+J:.i l._"S« _c,..!i:' - ... .. . . ,. - J. i 9..�?'!.1.•1;:::1:!:f R.r:,:j .,.i..j�•i';«ti'j.:+!,Fl..,.,_,t...; : !'r. t , Y. wi, +' 1. t' i1F1'a':;4F',#'. +f;f t.,;.' ) .., •.r. '-,I i.r ... ,; rrl::{}..L..j. •) 4 �,. , !. •i.':^I, ., �f''♦I, .I.,��t-,'I .. .. .... -.. _: .. ! ; „ .':,i„ .. : .:.af:: F4:`G�� t}!' St'j•t� �1�'.).� F:`.1"� ...L,,.t._r. sf.ai:.. ..}.,.. ., a "ii.G.• .h. ....t ... ..:... ..� .. . . �.��::`� .. �j. .r?,{'iyi4, i. , t ' r i,� .: .. .. ... 't`.fl: .!.. 1" '!�.d'F I.Lt "J;t_,"l �"'.t:::i-•)i';,j;. ., .di:}:, .. i:.i!'.. .`.I ;:7}'"l},_'.:L... h`«.,. ...._..•ia, i'�.._ �'!i•1 i. r'€I~iJ ., 1 '_+I".'' '..., ., r : .�..5, r,... ..... .......... .q 7.,i:ii:.. F-t:;. "iftt,r;F"'{<:i:: ... .. i:•:.. r': vi r':,t.•„ ,F,E t S t•" .. .,:•?••..'}':d_. .:.y ,:t.. 4- i f }:..I. Ir ,i• "s}" i'... .,-.:.,:t'l� .L.a +'. ,t., ..,,.. .�. ':,• r, .•::,.,c,.t,. :a.. rs t rl !' + - ;tr't k� '�"� l.,, ,l:..lca�'.7,.,.�. t'. r, } �.t ;7• Ifi -.1- r,... W.J. ... :.I.... �t4 t ' i ' _.. _ -. : i. Z. l.. t .. .. m - 411. «a tt .. .. i -' f t. :: :,t {t„n,•,• i. ..}':t.: f;i:•i r�1 f:;,:1.{ i't_., ..-3::i : „ . 4 16. .. ;c.. :. • : "t ..., .... ::., ...t .. .,a ....._.,v.: ...i ...., + _ 'i i "i 1' , I I. i , ' , _ j 1 - 1 i : O ,a D CAUTION-If your car:ties etterritetkat OIIoy,mag or aluminum wheeta;you must re-torque the lug nuts on each vyheei;after,20,miles;after,this Installation. enve ass Tiaas O d' B O Wheel yYorks will ptovlde this service free of charge.By signing below,1acknowledge this as notice that l must re-torque all the vehicles lug nuts after El 20 miles efter this Inetaliation,end the importance of re torquing the tug nuts. T,:, %!C`qi' ;'i„.. 1f%`I}ai' !t'y TOTAL'PARTS.`AND LABO$ ;. ES,7IMgEG' CpS'CS SALES TAX.; . . .:.< [hereby authoNza the repair work to be done along:' .:. .';...>_' ;;.,'...'.':,. p x ;:, i •�L'��d �- ' .?,,t .: .t;r n'�t":'�• with the necessaryntaterisls.Whaei Works and its i•,1--... #r t .. employees may operate Above vehicle for purposes:'' q"# wr.s. I_.�I,. .. ..,._,.,t•;. .., Wit; .}'...',1 of testing,inspection or delivery at my risk.An ,' ' r,lyre a•r. :4:: t „F r'.. ext•.jq azaFx .rr'F,,1;. Rr:_ ...ir+?'Is. ar,e:,,:., ..Mc7r. ,r .•!,-It:4•.t:;+::,,x r;ry::u'�t�Y?, ::t"J.:'VIA%Z ,.i ,��,.,, Il[' 7Y.''HF”1:'r � avr• N I' express mechanic's lien Is acknowledged on above ; r' _ d TI' ;N 'L:W'OAiK �.: I. :,.:I.,M1•:'F�N'A°l:I.N�V:O`I:C'E . .;:.,r= herata:nla :. RfY:f:SE''D,.,.ES:Tf`.MAT;E -.:.A:D. .I� A f. .:+ t..i rtt,....,r,�t,!.i•':.:,,.�r e•,.�, �'-,'u .•:,•,.e�'��:,:,;.: .'vehicle to secure the amount of repairs i •i,.,t. p.. •x•..0 ,•+h+•-J r,:':,c,rt::..-,t•u su:.L;,„a:+:'..,,,;,..�i,t 5r.f a' also understood that Wheal Works will not tie held ^' "' ' "+ �' ' '`tacknoivladgA ih81 the itemized parts and sarvlees responsible for or loss or damage to vehicle or articles, ...PART LABOR TOTAL performed or+my vehicle are the items that I !eft In vehicle In case of lira,theft or any other $ cause beyond Wheel Wtirks conlroi:ALL PARTS authorized;l agree to pay the;amount shown on g AND MERCHANDISE ARE NEW UNLESS NOTED',' : iW7HQRIZED 9Y IN PERSON❑ BY PHONE 0 this i vehic'and ?cknowlsdge!akin"possession (R REMANUFACTURED,U-USED). of riFy`vehicie b r.-mm.,rrnTs 0 ot.^,carc r:.r,bis E " DATe TIME� CALLED BY PHONE NUMBER I acknowledge notice and oral appmvat of an' (X kiANATURE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Oct 16, 2001 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: $500,658 SEP 2 7 2001 CLAIMANT: Edward Pierre H32670 COUNTY COUNSEL MARTINEZ CALIF ATTORNEY: None DATE RECEIVED: September 26, 2001 ADDRESS: San Quentin Prison BY DELIVERY TO CLERK ON: September 26, 2001 San Quentin, CA 94974 BY MAIL POSTMARKED: September 24, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN Dated: September 26, 2001 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: Con C C 15 n��' �f �=U v► '�'6 69� f G Dated: Deputy County Counsel III. FROM: Clerk of the Board TO: Co my C nsel (1) County Administrator (2) ( ) Claim was returned as untimely with notic 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: ,(,JA 1 CP,of JOHN SWEETEN, CLERK, By /lel /�'� , 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 Claiman addressed to the claimant as shown above. Dated: b JOHN SWEETEN, CLERK By _ Deputy Clerk i i i i i i i i i This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. i i i i i i i i i P-' Claim to: -BOARD. OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100`h day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (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 ByEenta '} -1 V t AIDS AKA Reserved for Clerk's filing 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 Savo and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 60A 5 PI /0.1 2. Where did the damage or injury occur? (Include city and county) CSN rty f 3. How did the damage or injury occur? (Give fill details; use extra paper if required) F ;l�t�.�� -CJtit� 41A,-: � .� prw - raw r it i `a 4. what particu.',,, c or omission on the part of c��inty or district officers, servants, or employees caused the injury or damage? .�G�/5 "Curl T rnoLL 5. What are the names of county or district officers, servants, or employees causing the damage or injury? {�flGy�S fiItI To? �T�r'C" '�[rt�/ �1�1TAr MALL 6. What damage or injuries-do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates fog auto damage.) 1111Y CA 74�L ' (A �T {fit c KEJ, -7r 1M:2--;&1 z4 A Fr-o"hdr- e,�r, T 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) pare-kA5E-1 !�lRs� / t Z•0•(:� • ��y�� f dp"To L 1A1 Vt 8. Names and addresses of witnesses, doctors, and hospitals. r'S 1�s�a�' - �1EJ 7G-4L 57 Fr 9. List the expenditures you made on account of this accident or injury. g.D 1 TIlVIE AMOUNT � L Pipr—'!� cz�� $IWO oom 12,e�r� 1 X-LJ-U r Y Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney Name and Address of Attorney ) J c r7 frlaimant's Cignattire) (Address) 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 1,000), or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. u S4At a '" { •��/�"e=-� ..� '�i. `..�� c'JZ. ��Gli{.+�— �'�a�t�.1./i%C.:«L„i t�, yo, AlL /�/ .finer a 4 ?�91Z/ L 1 a JIA d �LU � )lv 5 p '� s 'l a � v CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Oct 16, 2001 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 5.4. Please note all "Warnings". AMOUNT: Greater t ian $10,000 O C T O 2 2001 COUNTY COUNSEL CLAIMANT: Michael 2. Grupp MARTINEZ CALIF. ATTORNEY: None DATE RECEIVED: October 1, 2001 ADDRESS: 1618 San Luis Rd BY DELIVERY TO CLERK ON: October 1, 2001 Walnut Creek, CA 94596 BY MAIL POSTMARKED: September 29, 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE r Dated: October 2 2001 By: Deputy , i IiUL. &T4-- II. FROM: County Counsel TO: Clerk of the Board of Supervisors („ This claim complies substa itially 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. T ie 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: 0/ By: 14e 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 i full. ( ) Other: I certify that this is a tru and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, 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 perju y that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that t&ay 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: iE. JOHN SWEETEN, CLERK By J� Deputy Clerk i i i i i This warning does not apply to claims which are, not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil ghts claims. The above list is not exhaustive and legal consultation is essential to understand all the se arate limitations periods that may apply. The limitations period Within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it Nvaive rights under the statutes of limitations applicab e to actions not subject to the California Tort Claims Act. I Michael C. Grupp 1618 San Luis Road RECEIVED Walnut Creek, CA 94596 (925) 937-6124 OCT 1 2001 m ichaelsuntreelw�i uno.com CLERK BOARD OF SUPERVISORS September 29, 2001 CONTRACOSTACO. Gentlemen: Enclosed please find my claim for an injury which occurred to me on March 31, 2001. When I discussed the matter with Central Contra Costa Sanitary District's risk manager in April, 2001, he indicated that any claim would probably be denied. I have not yet reached any settlement with the insurance companies representing the owners of the street on which the injury occurred. In order to preserve any cause of action I might have against the county, I am submitting this claim at this point while I seek legal counsel to represent me in this matter. Please feel free to contact me if you have any questions concerning this claim. Cordially, % r 1 Michael C. Grupp Encl. Cc: CCCSD Claim to: BOARD OF SUPERVISORS OF CONTR-N COST?. COE-NTY Iti'STRUC'IIONS TO CL'AFMANT 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, 1937, must be presented not later than the 1110"' 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.fanuary 1, 1933, 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. i.Go%,Y. Code §911.2. ) B. Claims must he filed with tlu: Clerk of the Board of Supervisors at its office in Room 106. County- Administration Building,651 Pine Street. Martinez. CA 94553. C. U' Claim is against it district governed by the Board of Supe.nisor•s: rather than the Coun[A. the name of the District should be filled in. D. fi the ChLiln is against more than one public entity,separate claims trust he tiled a,ainst etch public entity. E. Fraud. dee p-Cralty for fraudulent claims. Penal Code Sec.. at the t:r.t1 of this forni. RE: Claim by ) Reserved for Clerk's Filing Stamp \ joz=L� c . GRuPP � RECEIVED A—uinst the Count} of Contra Costa OCT 12001 Or CLERK BOA -'OF SUPERVISORS 00 anal Cov%Ar4 Costa SAV1tr0.Yy District ) CONTRA COSTA CO. (Fill in N.uue) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the Burn of SLnd in support of this claim represents as follows: a,Nr.ca--��o--n V t o,g o o 1. When did the dama''e or injury occur" i:ive exact Date:old Hour 1 _M_At��_y__3.��,_-7.�_OOI_j_ betcfccln _IO II Jath -------------------- ---------------------- - Where dial the damage or in jun} occur:' (include Cit., and Counts Ticrrtx- Y_�rde --LIo�1r -0 -- ---- - -- -- - wal-- - -y- (,°reek CoNtva Cos-Iz Co. - --- 3. Ilow dill the dama'ze or in,jur•y Occur" I Give full details:use extra paper if required . CS�e G-1tael,co�1} --------------------------- ----------------------------------- -------------------- --- 4. What particular act or omission on the part of county or district officers, sen•ants, for employees caused the injury or damage" [-atlo-re -f',o snake Ce-itatvN o-CCess CoveK 4 SuepofrkV\ �'►d`^gr w=YC- ever, LX1iv'ee-} tevdl or to n,,ak(Z_ Coert-atvt �l owv) ter5' O{- p4'tvo--te e<-t ova rvt^cCb r-CCe55 COvcv tTv` CA -F�a,15t' CXNCc Ioca Col -t''o keep Strce -/ tevt.I wtCt_CCe5; COve �r SO -1'�ta-F -+"c �cPoSEa� Y %t3tol Yhcta� 00\Jc-c Mloi lU ca)vj dlicA r>o-r P'Ces c o-t CL- dl of V\Z1(fvr to e y c h!its U!5 1 n-) 4 v,c st-Y I . .................... .. I I 5. What are the names of counti or district officers,servants,or employees causing the damage or injury" I unkt•towin - -- --- -- ----- -- ----- --- ---- --- ------------- ----- --- - --- -- --- -- --- ---- -- - -- -- ------I--- t: What damages or injuries do you claire resulted" .(Give full rxtent of in Imes ol claimed..•Attach avo estimates for :nun danca�r. 1 IosS cs-F• Cb hsC�tousneSS� Se��Y'e• --t•rG;�vr�a;. -t'o - je�{�• I -Fti•ryl� Gthr!\ Shoulkrv� am- ca- 6-vokcM left Clac Ccl'c ' i I I - - - ----- -- - -- -- ----- --- -- -- ------- ------- --- ---• -------- -- --- - --- - - - ---- -- --- -- ------ Jim% «'as the above• claimed amount completed', t lnciad, the estimated amoum of an_. prusprctivr injur} ur damage. T h C a\ 1 015- 1v%c_uvvcdl -En -l-hc dm•te, 4 -l-h,s Clatwn ha"r 0G1 been 'C't CZ I v t✓o+ lou r t1v r 4--t--- to t I k c C N r v edk 4-0 -al a V e X C e- lll i? O 0 0 a et� z Xreetc� '1v 6c Gbou1 g� �3� o00� nF ' ,lvA ll S1000 jnnve •beets Paid by StAte Fav ro �v\5vvartC< U1(1fkCY a- pot Bey CIC av%c t¢- +� Jc Ttevv0. VCYaC Caou( havh�e t^t�VS - - - - - ---- -- -- -- ------ ---- ------ --- ---= --- -- ---- = - - =S. `amen and addresses of witnesses.doctors and hoslikals. -T1<i•t-v c w i r e- ' o v,,,t rt v sses -t'o i tijJ U e�r N av,nc5 ar h osp�ral aI,t� o� L{cv,di inch �>l�rs,CIOLn 5 arc- a &clleol, I ------ ------------------------ ----------- --- ------- - --- --- ---- --- ---- ------- ----- - - 9. List the expendinires you made on account of this accident or injure': I ITEM vn4olc V�o out- - poc kc1 �xpr�,r.dttvres ors o-ccourt (ac _. . .. t Got, Cride Sec.. 9111.2 provides: "The claim must he siumed hN the claimant sE,si) NUz'ic'Es "r0: .AttorII(""l or br some person on hi. hehalf." I Narne and Addresk of Attorne, • I C• ��.t.t,,ct�_ I :�Claimant'~ Si�.�nature.1 I I 1618 Sa,r, Luis RovtA '.rldress ).. M'knut CY•ccK) Cit 9A59(, I Teft-phonc No. —i_- Trlcphnne r�. ��5-937-61.34 I X 0 T I C E I Section ?'_ of the Penal Code protides: "Every person who. with intent to defraud, presents for allowance or for payment to ant state hoard or officer, or to ant county. city or districi board or officer, authorized to alloy,' or pay the same if genuine, ant false or fraudulent claim, bill. account, voucher. (or writing. is punishable either by imprisonment in the count\ ,jail for.a period of not more than one year. by a fine of not exceeding one thousand dollars i S1.000 j. or hr both such imprisonment and fine,or b+ imprisonment in the state prison, by a fine of not exceedim-, ten thousand dollars (510,000 j, or h.' birth such imprisonment and fine. I it I I Attachment to Claim 3. How did the damage or injury occur? Sometime'between 10'and I I AM on March 31, 2001, 1 was descending the hill on Tierra Verde Court on my bicycle. Because I was taking extra care to make sure I event over a rather steep speed bump near the bottom of the hill, and because trees lining the street were casting dappled shade on the street, making observation of the condition of the street difficult, 1 observed too late the CCCSD access cover that closely followed the speed bump. The pavement area around the left side(from my vantage point)of the access cover was eroded and the depression it made tilled with gravel. The left edge of the access cover and its supporting flange was exposed about two inches above the depression. Either my front or rear wheel hit the edge of the flange, fell down the two inches into the depression, and skidded out on the loose gravel at the bottom of the depression, bringing my bicycle to an abrupt and sudden stop, and throwing me violently to the pavement. 8.Nannes of doctors and hospitals: John Muir Medical Center, 1601 Ygnacio Vallev Road, Walnut Creek, CA Terrence Chen, M.D. ,John Muir Trauma Physicians, P.O. Box 9021, Walnut Creek, CA 94596 William Hoddick, M.D., John Muir Trauma Physicians, P.O. Box 9021 Walnut Creek,CA 94596 Paul Freitas, M.D.,John Muir Trauma Physicians, P.O. Boz 9021, Walnut Creek, CA 94596 Jacob Epstein, M.D.,John Muir Trauma Physicians, P.O. Box 9021; Walnut Creek, CA 94596 Horatio J. Asbun, M.D.,401 Gregory Lane#136, Pleasant Hill, CA 94523 John K. Wilhelmy, M.D., Muir Orthopaedic Specialists, 907 San Ramon Blvd. #202; Danville, CA 94526 Y j i P. ek . T SGT LO (:F) -.05 q) 0 m (.) N V o •0- •..0 0 co a� (y u C, v x d Y co 07 'd 6> co 04 U a� co U` J av NN G U00 r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COU TY BOARD ACTION: Oct 16 2001 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 doc ment 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: $300 0 C T 0 2 2001 COUNTY COUNSEL CLAIMANT: Donald R. Douglas MARTINEZ CALIF. ATTORNEY: None DATE RECEIVED: October 1, 2001 ADDRESS: 901 Court St BY DELIVERY TO CLERK ON: October 1 2001 Martinez, CA 94553 BY MAIL POSTMARKED: September 26 2001 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE , Dated: October 2, 2001 By: Deputy � 1 yt 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his 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: ,, ,l C as`A 6v.,74 x_e, Dlla6e W&ac01 ad Dated: 10 3"° By: L 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: N This Claim is rejected in full. ( ) Other: nI certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:lLl"� �D , () JOHN SWEETEN, 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 een 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 certifliedn copy of this Board Order and Notice:to Claima addressed to the clamant as shown above. Dated: I JOHN SWEETEN, CLERK By ( ;I Deputy Clerk i This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its righ s under California Tort Claims Act nor does it waive righ s under the statutes of limitations applicable to acti ns not subject to the California Tort Claims Act. e ' Claim to: BOARD.OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100`h day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (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 � oa �� K - TO0US �� S RECEIVED Against the County of Contra Costa or C y ) OCT 1 2001 r?104(f District) CLERK CO BOARD OF COSTAC.O.SUPERVISORS (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of S. r 00 and in support of this claim represents as follows:1. When did the damage or injury occur? (Give exact date and hour) A PVT f / p was -��ViS Pov �- of t-Q v� CO ►ACo �rp'� �' o C- `� � y rA7 � T V� (57, C & I 2. Wheredid the damage or injury occur? (Include city and county) co V1 C (� � pR� C kt4 v.a 3. How did the damage or injury occur? (Give full details; use extra paper if required) rl 04"0 5 ;ems t oOJ COv1+01 6�t b 5a gvt �5, �A 7 r� S/ UP)e_v �`°�� r► �'�G of C ., or re-tt-5 ., OQ0doravitl Mach 1a�. 4. What particular act or omissio on the part of county or district officers, servants, or employees c use the injury r damage? �� tr �; �� f e f t CA l ,h c. �Ge adv t w ► �- Coh o Rol -that' a h� fO"t 5E 5. What are the names of conn r dtstnct officers ervanttdr employees causin the damage or injury? tY8 g Nl �ct� P e p ctrl--w� e vt �-, O n ce- bo o k ed -�hf o 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach _ J two estimates for auto damage.) 'cave �� e.� �� FL IC• 017;4� �tr �� 01J� ✓ � � S t!1 o �!. A -5 191!vroe r�,v i & YL S &,vio u-) V Y � �© r CS et.- How was therho t claimed above computed? (Incptrolude the epplristimated amdn� kAount of any rospective injury or _ damage.) Th-e- SGeo e5 w e-r e, o e v -1: K f 11+5 8. Names and addresses of witnesses, doctors, and hospitalsCk.V . ry Irel - �-� WO F ev / , T Ovi-- V1 �� E 9. List the expenditures you made on account of this accident or injury. DATE TEME AMOUNT o V,31 A14'00 Am 43 30 00 pYopev-('/ Wa 5 �[ 54-Y o Y e. a-CLs7 v, S --4- o `-ov�c-o ok 1-Ce- Olt ) Gov. Code Sec. 910.2 provides "The claim must be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney Name and AddresAof,Attorney ) )�- (Claa�mant's bignature) (Address) g �I SS ). Telephone No. '7Z - Telephone NoCc� ) —7 9S/ _ ****************************************************************************************** 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($1,000), or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. ,SILVANO B.MARCHESI DEPUTIES: PHILLIP S.COUNTY COUNSEL SE_ Y JANICEL. ALTHOFF i_ JANICAMENTA vF' NORAG.BARLOW SI-14 ON L. ANDERSON ' ,-\ ° B.REBECCA BYRNES •./� �. ANDREA W.CASSIDY ASSISTANT COUNTY COUNSEL CO.N:TRA COSTAC:O,IJNTY MONIKAL.COOPER 11 lt' c: rry �:��\� ,5, VICKIE L.DAWES GREGORY C.HARVEY OFFICE;OF T..I&COU:N7 COUNSEL MARKES.ESTIS ASSISTANT COUNTY COUNSEL ►rte ' I LILLIANT.FUJII I^ COUN 1^ DMINISTRATIONBU�ING�II JANET L.HOLMES DENNIS C.GRAVES `\651s-INE-STR 6T'.i'9tk�7EL0_OR KEVIN T.KERR 6 + • � gni "L•t!`i�"+�/ BERNARD L.KNAPP SENIOR FINANCIAL COUNSEL MARTINEZ;-CALIFE�7 .N`A 9g5�3 1229 EDWARD V.LANE,JR. BEATRICE LIU GAYLEMUGGLI / MARY ANN MASON OFFICE MANAGER OS�,_-_. = PAUL R.MUNIZ VALERIEJ.RANCHE PHONE (925) 335 1800NOTICE OF INSUFFICIENCY STEVENP RETTIG F. FAX (925) 646-1078 DAVNAJ.SILVERDT AND/OR JACOUELINE Y.WOODS PAMELA J.ZAID NON-ACCEPTANCE OF CLAIM TO: EDWARD VINES aka EDWARD PIERRE H32670 San Quentin Prison San Quentin, CA 94974 RE: CLAIM OF: EDWARD VINES aka EDWARD PIERRE Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] I. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X 13. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [X] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or i loss, if known. [ 15. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. Page 1 EdwaLer Vines aka Edtivard Pierre H32670 Re: Claim Page Two [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. Other: SILVANO B. MARCHESI COUNTY COUNSEL By: JANET L. HOLMES Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5; Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553; 1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S. Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: October ! ,2001,at Martinez,California. i Kaihlccn O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2