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HomeMy WebLinkAboutMINUTES - 02262002 - C24 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY { BOARD ACTION: Feb 26, 2002 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 1pZ1g11V Board of Supervisors. (Paragraph IV below), given MZ)Pursuant to Government Code Section 913 and JAN 2 9 2002 915.4. Please note all"Warnings". AMOUNT: unknown COUNTY COUNSEL tMART1NEZ CAUF. CLAIMANT: Wendell James; Casey ATTORNEY: DATE RECEIVED: January 29, 2002 ADDRESS: 2172 Dorsch Rd BY DELIVERY TO CLERK.ON: JanuarM_29. 2002 Walnut Creek,CA 94598 BY MAIL POSTMARKED: January 28,2002 I. FROM Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWITk , Dated: Jamiga 29�, 2002 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2, ( is Claim FAILS tocomplysubstantially 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: I~dt 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 Claiman addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK Ey '��"`�� �� ✓j �- Deputy Clerk Respond to: Date: 28 January 2002 Wendell James, Casey—All rights reserved Address used"without prejudice to rights" In Care Of-2172 Dorsch Road Walnut Creek,Non-Domestic is in real California '' No Zip Code Used AIV� � X002 To: Countra Costa County co 80AA Stephen Weir— County Recorder Cert. # 70012510 0006 7286 9909 M�AprAv/3pRS 524 Main street Martinez, California [PZ 94553] Department of the Treasury Internal Revenue Service of Puerto Rico Attn: Robert May—Revenue Officer I.D. # 68 11671 1761 Broadway street, Suite 201 Vallejo, California [PZ 94589] Re: California Code of Civil Procedure sec. 2102—"Certification of notice of liens,...". Subject: Failure of the County Recorder office to respond, rebut/refine,earlier Notice. Dear Sir(s): NOTICE Notice to the Principal is Notice to the Agent,Notice to the Agent is Notice to the Principal. Please be informed that as of this date, extended time of grace included herewith, your office has failed and/or refused to respond to my earlier "Notice" concerning the illegal recording, requested by the Internal Revenue Service of Puerto Rico, of alleged"Notice(s) of federal Tax Liens)". In so much as you have failed and/or refiised to rebut the factual information given your office. We now have a meeting of the minds and are in complete agreement with the factual information so NOTICED, i.e. California Code of Civil Procedure, hereafter CCCP, sections 2101 and 2102. Note: 2101 - " (a) Notices of liens certificates, and other notices affecting_federral tax liens or other federal liens must be filed in accordance with this title". And 2102 "Ce rtaa#ion of notices of liens, ..."'. CRIMINAL INFORMATION GIVEN UNDER PENALTY OF PERJURY Respective of this now accepted meeting of the minds and/or agreement. I call to you attention the provision of California Government Code, hereafter CGC, section 1222 - Willful omission to perform official duty;Misdemeanor—"Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment,where no special provision is made for the punishment of such delinquency,is punishable as a misdemeanor." Further,in that the fraudulent recording of these alleged "Notice(s) of federal Tax Lien(s)have caused me damage I make reference to pertain parts of CCC section 27203 and 27203.5 to wit: 1 Section 27203 — "Acts for which recorder liable to party aggrieved;" "Any recorder to whom an instrument proved or acknowledged according to law or any paper or notice which may by law be recorded is delivered for record is liable to the party aggrieved for the amount of the damages occasionedthereby, if he commits any of the following acts: (b) Records any instrument, paper, or notice, willfully or negligently, untruly, or in any manner other than that prescribed by this chapters" And; Section 27203.5 - "Liability for treble damages" — "If the recorder willfully and maliciously commits any of the acts described in Section 27203 or if he derives a personal financial benefit from the committing any of those acts, he is liable to the party aggrieved for three times the amount of damages occasioned thereby." Relative to the foregoing, see: CCCP section 2102 - "by the Secretary of the Treasury of the United States or his or her delegate", are provision of Internal Revenue Manual [1.16.413.1 (02-19- 1999) concerning the legal identification of Internal Revenue Service personnel in the filing and/or enforcement, note: authority to request filing of `Notice(s) of federal Tax Lien(s), of the Internal Revenue Laws of the United States to wit: 1. Pocket commissions will be issued only to those employees who are required to present proof of their authority in the performance of their official duties. With the exception of their use by Inspection, pocket commissions are primarily intended to identi& Service personnel to the Vybfic when dealing with tax matters. They will not be issued to employees merely to identify themselves for transaction of routine'business. Pocket commissions will only be displayed as prescribed in 3.2 of this Chapter. Misuse of pocket commissions is a violation of the Rules of Conduct and may be a violation of Federal Law(18 U.S.C. 499). 2. Pocket commissions are categorized as either "enforcement" or "non-enforcement". Enforcement commissions conform to the format prescribed by the Department of Treasury for Treasury Law Enforcement Officers and may be issued only to individuals in the 1811 series, Special Agents (Criminal Investigation) and Inspectors (Internal Security). Mon-enforcement pocket commissions are those issued to all other authorized employee. Therefore, all IRS personnel engaged in the enforcement of the Internal Revenue Laws must display an Enforcement Pocket Commission as prescribed in 3.2 of Internal Revenue Manual [1.16.41. This Enforcement Pocket Commission is described as follows: 1. The enforcement pocket commission consists of a black leather combination, shield/pocket commission case, with cutout on the outside for the enforcement shield. inserted inside are laminated upper and lower pocket commission inserts. The upper insert contains the name of the employee. The lower insert contains the title, color photograph, and signature of the employee, certification of authority,'serial number, and handwritten signature of the authorizing offices. The date of issue should be placed above the serial number. 2. The non-enforcement pocket commission consists of a red leather folder, embossed in gold on the outside with the Internal Revenue seal, the words "United States Treasury Department, Internal Revenue Service and a straight lige border. Affixed to the inside are laminated upper and lower pocket commission inserts. The upper insert contains the photograph and signature of the 2 employee. The lower insert contains the name and title of the employee, date of issue, serial. number, certification of authority of the employee, and the handwritten signature of the authorizing official. 3. In the upper right hand corner of each commission is aline for the office code. This should be the geographic code of the issuing office(the same code used on ID cards). Each commission will have a serial number with the prey IR and the suffix fix "E", on enforcenaerat commissions and "A" on non- enforcement commissions. Thus, any IRS personnel who attempt to request the filing and recording of a notice of federal tax Hen is required to produce his or her pocket commission in evidence of their authority to make such a request. Your failure to demand proper identification of the agent in the filing and recording of the alleged "Notice(s)" is a direct violation of your duties as a fiduciary to me and the violation of CGC section 27320 to wit: Section 27320, in pertain parr, - "When any instrument authorized bylaw to be recorded is deposited in the recorder's office for record, the recorder shall endorse upon it in the order in which it is deposited, the year, month, day, hour, and minute of its reception, and the amount of fees for recording. The recorder shall record it without delay, together with the acknowledgements, proofs, certificates, and prior recording data written upon or annexed to it, with the plats, surveys, schedules, and other papers thereto annexed, and shall note on the record its identification number, and the,name of the person at whose request itis recorded. Whereas, you and your office has failed, in good faith, to attempt to bring all previously filed alleged "Notice(s) of federal Tax Lien(s)" and/or to notify me of any efforts on your part to bring the alleged notices into compliance with the law, I do hereby declare under penalty of perjury that your filing of :fraudulent documents, securities, has violated m , rights to property and has damaged me thereby. Note: "All government tort liability must be based on statute. Most actions against public agencies can be based on employees' acts, since under CGC sec. 820, government employees ,are liable for their own torts, and under CGC sec. 815.2,the public entity is vicariously h- able for its employees' torts committed within the scope of employment. The"common law" of the "special relationship"basis for liability rests on an assumption that if duty is owed it is to be performed by some person, and failure of performance thus renders that person liable, and,by virtue of CGC sec. 815.2, also imposes liability on the public entity. Ronald S. vs. County of San Diego (1993, 4a`Dist) 16 Cal App 4`h 887,20 Cal Rptr 2d 418 Respectfully presented. / Secured Party Creditor Wendell Ja 's Casey 1 Private Citizin/Non-Fiduciary cc: See: Mailing list attached hereto and made a part hereof 3 NWLIN G LIST Robot S.Mueller III (CSBN 59775) Emily J.Kingston(CSBN 184752); Director FBI,U,&Dept.of Justice Assistant United Stales Awmay,Tax Div. L Edgar Hoover Building 450 Golden Gabs Avenue Box 36055 935 Pennsylvania Ave M W. San Francisco,California(94102) Washington D C.(20535) BILL LOCKYER David W.Shapiro(NYSE 2054054) California Attorney General United States Attorney 1515 Clay St.Rm.20002&Fl. 450 Golden{late Avenue,Box 36055 Oakland California(94612) San Francisco,California(94102) Saundra Brown Armstrong Michael L Bartinetti(SCBM 56558) United States Judge Severson&Wersca 1301 Clay Street Courtroom 3 Yd Floor Ono Embarcadero Canter,Suite 2WO Oakland,California(94612) San Francisco,California(94111) Mr,Gerald Goldberg Anthony T.Showman FTB,Ex,Officer DOIT-US Depto0ustice c/o P.O.Box 942840 Tax Division P.O.Box 502 Sacramento,California (94240) Washingme,DC(20044) Allan C.Miles(CSBN 119191) MS.Kamm Council,Controller 500 Ygnacio Valley Road Suite 325 Chairperson,FTS Walnut Creek,Caal hmia (94546) 300 Capital Malt,Suite 1950 Sacrsmeato,California(95914) Robert AhNeer District Director lataxaal Revenue Service Internal Revenue Service MI Clay Street 16005 P.O. Box 7704 Oakland Cali mia,(94612) San Francism California,(94120.7704) State of Califernia Gerald D.,Blair,Director Franchise Tax Board Iowa Dept.of Revenuo&Finance MIS F-200 PFE hoover State Office Build. P.O.Box 942867 P.O:Box 10471 Sacramento„California (94267.002I) Des Moines,Iowa(50306.0471) Gary T.Yancy Jan Scully District Attorne Contra Costa County District Anodity Sacramento County 725 Court St.4 Floor Rm 402 9010 Street Martinez,California(94553) Sacratmanw.California(95914) Sheriff Warren E.Rupf Stephen Weir Contra Costs CouaWSheriffs Dept Recorder.Contra Costa County 615 Pine Street r Floor 524 Main Street Martinez,California(44553) Martian California(94553) Department aftba Treasury Oftht United States State ofCaliffnaia Secretary of the Treasury of the-Tide 31 USC sec.301 ATTORNEY GENERAL 15°St.&Pennsylvania Ave.NW 300"r'Street Washington,District of Columbia(20220) Sacramento,California(95914) Department of tho Treasury ofthe United States Departmront ofthe Treastuy Commissionerof luternal Revenue ofthe—26 USC sm.7802(a) Interval Revenue Service of Puerto Rico I I I 1 Constitution Ave.NW Ann: Robed May-Rave nue Officer 1.D.#6911671 W"Irmgton,District of Columbia(20002.6433) 1761 Broadway Surat,Si ita 201 Vatlo*Calihmia(94599) Department ofthe Treasury Counha Coft County Internal Revenue Service ofPuedc Rico-27 CFR we,250.11 RISK MANAGEMENT,Ron Harvey Ogdea Service Canter-M/9 4420 2530 Arnold Drive Ogden.Utah(84201) Martinez,California(94553) Department ofthe Treasury Countta Costa County Internal Revenue Service ofPuaw Rica27 CFR see.250.11 BOARD of SUPERVISORS Fresno Service Center-MIS 4420 651 Pine Shut,Rm.106 Fresno,Callfornia(93888) Msdmw,California(945533) ChiefofPolice Thomas G.Soboanas 1666N.MainStreet Walnut Crack,California(94596) Mailing List-Notice #7001 251 0 0006 7286 9909 OFFICE OF THE COUNTY COUNSEL SILVANO B.MARCHESI COUNTY OF CONTRA COSTA "" � ��;�+ COUNTY COUNSEL Administration Building # "s . `®* 651 Fine Street, 911 Floor ,� '° + SHARON L. ANDERSON 1' !Fq° CHIEF ASSISTANT Martinez, California 94553-1229 ;. ; (925) 335-1$00 1 ;� GREGORY C. HARVEY �� +�a11ib�11F , VALERIE J. RANCHE (925) 646-1078 (fax) ASSISTANTS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Wendell James Casey 2172 Dorsch Road Walnut Creek, CA 94598 RE: CLAIM OF: Wendell James Casey 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. [XX] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [XX] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [XX] 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. [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. Other: Page 1 SILVANO B. MARCBESI COUNTY COUNSEL r; L BY: 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;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. I certify under penalty of perjury that the foregoing is true and correct. Dated: January ,2002,at Martinez,California. I fi 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 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: February 26, 2002 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 g11a,FE AMOUNT: Unknown I!EB 2 2 2002915.4. Please note all "Warnings". AMOUNT: Unknown FEB 2 2 2Q02 CLAIMANT: Wendall James: &OWNTYCOUNSEL INEZ CALIF. ATTORNEY: DATE RECEIVED: February 20, 2002 ADDRESS: 2172 Dorsch Rd . BY DELIVERY TO CLERK ON: February 20, 2002 Walnut Creek,CA BY MAIL POSTMARKED: Hand delivered 1. FROM: Clerk of the Board of Supervisors ' TO: County Counsel' Attached is a copy of the above-noted claim. JOHN SWEE Dated: February 22, 2002 By: Deputy I1. FROM: County Counsel TO: Clerk of the Board of Superviso s ( ) This claim compliessubstantially 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 isnot 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). O Other: i lac. 01, to --C�l1 +`1C� � wnaqd 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: O This Claim is rejected in full. O 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 f Contra Costa County EEI ED BOARD of SUPERVISORS , FEB 651 Pine Street, Rm. 106 12002 Martinez,California 945`53 CLERK BOAR UP sQRS NTR CO TA CO. This is a courtesy copy of a NOTICE that was sent to the County Recorder, Stephen We dated Nov 28,2001. Information in the notice is concerning a criminal act by the county ` recorder, Stephen Weir and was provided under the penalty of perjury. Wendell Tames: Casey . fLo i Respond to: Date:28 November 2001 Wendell,lames, Casey—All rights reserved Address used "without prejudice to rights" In Care Of—2172 Dorsch Road ` Walnut Creek, Non-Domestic is in real California No ZipCode Used To: Countra Costa County Stephen Weir- County Recorder Cert. #7001 1140 0001 9435 2031 524 Main street Martinez, California [PZ 94553] Department of the Treasury Internal Revenue Service of Puerto Rico Attn: Robert May-Revenue Officer I.D. # 68 11671 1761 Broadway street, Suite 201 Vallejo, California [PZ 945891 Re: Constitution for the united States of America—Article IV, sec. I 'Full faith and credit..." and California Code of Civil Procedure sections 2106&2107. Subject: California Code of Civil Procedure sec. 2102—"Certification of notice of liens,...". Dear Sir(s): NOTICE Notice to the Principal is Notice to the Agent,Notice to the Agent is Notice to the Principal. Please be informed that as of this date the Internal Revenue Service of Puerto has failed and/or refused to sign, in certification thereof—`under the penalty ofpedury", any of their alleged documents that they have allegedly sent me. This would include all alleged "Notice(s) of Federal Tax Lien(s)" and have further failed and/or refused`to provide proof, evidence, of their alleged' claim of jurisdiction over and/or relative to me. Respective of the concerns of this Notice;I call to your attention section 2100 of the Code of Civil Procedure, hereafter CCP, and its related Internal Revenue Code, hereafter IRC, section 6323(f)(4)(B).' Section 2100 explicitly states that "this title applies only to federal tax liens "under any act of Congress or any regulation„adopted pursuant thereto" and that these `federal tax liens'' "are required or permitted to be filed in the same manner as notices of federal tax liens." Therefore, it is explicitly stated that the "federal tax liens" and the "notices of federal tax Hens" are not one and the same but "are required or permitted to be fled in the same manner". Now the related IRC section, see. 6323(f)(4)(B), is noted by the words "under any act of Congress"respective of the words`required or permitted to be filed". Section 6323(f)(4)(B) of the IRC states "there is maintained (at the applicable Office under paragraph (1)) an adequate system for the public indexing of.federal tax liens, then the notice of lien referred to in subsection (a) shall not be treated as meeting the filing t requirements underparagraph (1)unless the fact of filing is entered and recorded in the index referred to in subparagraph (B) in such:a manner that a reasonable iWection othe index will reveal the existence o f the lien." Relative to the foregoing is section 2101 of the CCP that states that"notices of liens, certificates, and other notices affecting federal tax liens or other federal hens must be filed inaccordance with this title". In so much as all "notices of liens" "affecting federal tax liens" "must be filed in accordance with this title". I.made a "reasonable inspection of the index" in your office and I failed to find a copy of the "federal tax lien" that was "required or permitted to be filed"`in the same manner as notices of federal tax liens". Note: The Federal Tax Lien Act of 1966(P'. L. 89-719), wherein the Senate Report No. 1708 states; "Since the adoption of the Federal income tax in 1913, the nature of commercial financial transaction has changed appreciably...This Bill is in part an attempt to conform the lien provisions of the internal revenue Laws to the concepts developed in the Uniform Commercial Code. It"repre- sents an effort to adjust the provisions in the internal revenue laws relating to collection of taxes of delinquent persons..."and CCP sec. 2107. Sometime time ago, the Internal Revenue Service, hereafter IRS, of Puerto Rico issued "notices of federal tax hens against my rights to property title and apparently requested that your office file the notices, which constitutes a partial seizure of my property rights. Whereas my inspection of your index failed to reveal the existence of the federal tax lien, I realized that laves were violated in the filing of such`notices of federal tax liens". It has come to my attention that an individual in Michigan hired an attorney to file a civil case against his local county recorder for fraudulently filing `'notices of federal tax liens". This case was filed over two years ago and the Michigan Court of Appeals has finally issued its ruling. The case was put before the Michigan Court of Appeals about December of 1999 and the ruling was issued on October 16, 2001. The case was titled CHARLES F. CONCES vs. ANNE B. NORLANDER, case number 224157. The ruling in the third"paragraph states, "As an initial matter, we recognize that the tax lien instrument as filed did not complyy with the statutory requirement of MCL 211.664 (requiring certification of the lien).:.". The Appeals Court went on to say that the individual' defendants have immunity under state law because of technical considerations, but that is a separate issue from the ruling that the law was violated by not having a certification on the `notice of federal tax lien". The court did not, however, claim that the local county had immunity. Relative to the foregoing ruling, I call to your attention Article IV, section l of the Constitution for the united States of America that the "Full faith and credit shaft be given in,each state to the public acts, records, and judicial proceedings of every other state" and sec. 2106 of the CCP. This ruling is applicable to CCP section 2102 in so much as said section concerns the certification of notices of liens "affecting federal liens by the Secretary of the Treasury of the United States or his or her delegate". See`. Section 2107ofthe CCP'. Utile government agents have immunity if they are acting in good faith and if they meet several requirement of state law, the courts have stated emphatically that counties and 2 municipalities do not have any immunity from tort claims. `'The rule of government immunity as to all political subdivisions of government is hereby abrogated as it has heretofore been abrogated as to municipal''corporations, i.e. cities. No longer is the defense of governmental immunity for tort liability available, irrespective of whether the involved political subdivisions is fimctionng `governmentally' or `proprietarily'." MYERS vs. +GENESSEE COUNTY, 375 Mich. 1, 1965. This, therefore, is my official notice to you and your agency that all prier "Notice(s) of Federal Tax Lien(sy'filed on my rights to property title must be brought into compliance with the law. This can only be accomplished by sending all prier notices back to the IRS and having each document certified. In order to ensure that the lawful and correct certification take place by an authorized agent of the IRS. I am enclosing an "Affidavit of Authority" for the agent to complete, sign, and have witnessed and returned to your office before the notices are filed again. This will ensure that the County will not be put in a position of legal jeopardy and prevent a lawsuit against you personally because of having acted in good faith. If you do not notify me of a good faith attempt to bring the notices into compliance within 10 days, I will be required to take finther steps. With the sending of this letter to you, my administrative'remedies will have been exhausted and I will only be left with judicial remedies. I call to your attention my letter, copy mailed' to your office, concerning the issue of Federal Rules and the Rule of Acquiescence by default.' Respectfully presented. Secured Party Creditor Wendell James, disey/Private Citizen IOh-Fiduciary cc: See: Mailing list attached hereto and made a part hereof: MAILING LIST Robert S:Mueller III (CSBN 59775) Emily J.Kingston(CSBN 184752) Director,FBI,U.S.Dept.of Justice Assistant United States Attorney,Tax Div. J.Edgar Hoover Building 450 Golden Gate Avenue Box 36055 935 Pennsylvania Ave N.W. San Francisco,California(94102) Washington D C.(20535) BILL LOCKYER David W.Shapiro(NYSE 2054054) California Attorney General United States Attorney 1515 Clay St.Rm.2000 20°1 Fl. 450 Golden Gate Avenue,Box 36055 Oakland,California(94612) San Francisco,California(94102) Saundra Brown Armstrong Michael J.Bertinetti(SCBM 56558) United States Judge Severson&Werson 1301 Clay Street Courtroom 3 3'a Floor One Embateadeto Center,Suite 2400 Oakland,California(94612) San Francisco,California(94111) Mr.Gerald Goldberg Anthony T.Sheehan FTB,Ex Officer DOJT-US Dept of Justice do P.O,Box 942840 Tax Division P.O.Box 502 Sacramento,California (94240) Washington,DC(20044) Allan C.Miles(CSBN 118191) Ms.Kathleen Connell,Controller 500 Ygnscio Valley Road;Suite 325 Chairperson,FIB Walnut Creek,California(94596) 300 Capital Melt;Suite 1850 Sacramento,California(95814) Robert AhNee, District Director Internal Revenue Service Internal Revenue Service 1301 Clay Street 1600S P.O_ Box 7704 Oakland,California,(94612) San Francisco,California,(94120.7704) State of California Gerald D.,Blair,Director Franchise Tax Board Iowa Dept.of Revenue&Finance M/S F-200 PFE hoover State Office Build. P.O.Box 942867 P.O.Box 10471 Sacramento,California (94267-0021) Das Moines,Iowa (50306.11471) Gary T.Yancy Jan Scully District Attornez,Contra Costa County District Attorney,Sacramento County 725 Court St.4 Floor Rm 402 901 G Street Martinez,California(94553) Sacramento,California(95814) SheriffWarren E:Rupf Stephen Weir Contra Costa County Sheriff's Dept Recorder.Contra Costa County 615 Pine Street 7"Floor 524 Main Street> Martinez;California(94553) Martinez,California(94553) Department ofthe Treasury©f the United States State of California Secretary of the Treasury of the-Title 31 USC sec.301 ATTORNEY GENERAL I S's St.&Pennsylvania Ave.NW 3oo"P'Street Washington,District of Columbia(20220) Sacramento,Cdifomia(95814) Department of the Treasury ofthe United States Department of the Treasury Commissioner of Internal Revenue of the-26 USC sec.7802(a) Internal Revenue Service of Puerto Rico I I I I Constitution Ave.NW Attn: Robert May-Revenue Vicar 1.D.#6811671 Washington,District of Columbia(20002-6433) 1761 Broadway Street,Suite 201 Vallejo,California(94589) Department of the Treasury Countra Costa County Internal Revenue Service of Puerto Rico-27 CFR sec.230.11 RISK MANAGEMENT,Ron Harvey Ogden Service Center-M/S 4420 2530 Arnold Drive Ogden,Utah (84201) Martine,Califontin(94553) Department of the Treasury Country Costa county Internal Revenue Service of Puerto Rico-27 CFR sec.250.11 BOARD of SUPERVISORS Fresno Service Center—MIS 4420" 651 Pine Street,Rm.106 Fresno,California(93888) Martinez,California (94553) ChiefofPolice Thomas G.Soliersues 1666 N.Main Street Walnut Creek,California (94596) Mailing List-Notice #7001 1140 00019435 2031' Affidavit of Authority (2 pages) I am an agent of the Internal Revenue Service and have the lawful authority to issue this "Notice of Federal Tax Lien" on the property title belonging to Wendell Janes, Casey, a Citizen of California: and the united, Union, of States of America. I understand that the property owner is not employed by the federal government or the State of California nor has he entered into any agreement with the federal government to voluntarily subject himself to the income tax laws My lawful authority for requesting you to file said `-Notice of Federal Tax Lien" on the property ,title of this Citizen is the Internal Revenue Code, section 6331, and regulation number , paragraph(s) of Title 26 of the Code of Federal Regulations. I certify that my Delegation of Authority Order number from the Secretary of the Treasury, grants me the authority to act under Internal Revenue Code section 6332 on behalf of the Secretary of the Treasury. I certify that my official title, (title) , is listed in Internal Revenue Code section 76€ 8 or section and that said Code section grants to me the statutory authority to act under subtitle "A" and "'C" of the Internal. Revenue Code. The Internal Revenue Service agrees to hold you and your governmental agency harmless in any legal action initiated by the owner of the property for the filing of the "Notice Federal Tax Lien" on said owner' s property title. I further certify that the Internal. Revenue Service is acting under all lawful ,and correct collection procedures and that you and your governmental agency would not be putting itself into legal jeopardy by complying with our filing request. I declare under the penalty of perjury, under the laws of the United States of America, that the 'foregoing is true and correct. If I cannot swear to every provision, herein started, I delete such items by drawing a line through them and initialing them in the margin Signed': Date Printed Name of Agent: Agent' s Title & Employee Number Agent's IRS Division Name: Witness Signature and Printed Name: ` NOTICE Notice is hereby given that if the Internal Revenue Service will not provide the in'formiation requested above, failure to ,do so shall be construed as constructive silence and concealment of evidence and shall create the legal presumption or conclusion that such authority does not exist. The supreme court of the United States has placed the burden of checking the government agent' s authority on the individual, "Whatever the, form in which the government functions, anyone entering into an arrangement with the government, takes a risk of havingaccurately ascertained that he who purports to act for the government stays within the bounds of his authority, even though the agent himself may be unaware of the limitations upon his authority." Federal Crop Insurance vs. Merrill', 332 US 380. See also Utah 'Power and Light Co. vs. United States, 243 US 389 and United States vs'. Stewart, 311 US 60. The supreme court has also ruled that, "silence can be equated with fraud where there is a legal moral duty to speak, or where an inquiry left unanswered would be intentionally misleading. " US vs. Tweel, 550 F.2d 297, 299. See also US vs. Prudden, 242 F2.2d 1021, 1032 and carmine vs. Bowen, 64 A. 932,. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Feb 26,2002 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 CERTZ Pursuant to Government Code Section 913 and E8 0 � 2002 915.4. Please note all"Warnings". F - AMOUNT: Unknown COUNTYCOUNSEL UNSEL MARTtNFZ CALF. CLAIMANT: Wendell James,Casey ATTORNEY: DATE RECEIVED: Februarx 44, 2002 ADDRESS: 2172 Dorsch Rd BY DELIVERY TO CLERK ON: February 4 2002 Walnut Creek, CA BY MAIL POSTMARKED: Hand-Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim: JOHN SWEETf. Dated: February.5 2002 B : De u � - _Y p h' 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: 5 15 C l � cl 1/71, Plieama r�- I-laend, 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 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Feb 26 2002 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: $3,465.07 cMW INEZ CALIF.'' JAN 1 20OZ CLAIMANT: Adeline Strong CC?tlN7'Y Gt?UNSEI. MARTINEZ CALIF, ATTORNEY: DATE RECEIVED: January 30, 2002 ADDRESS: 1956 Griffin Dr BY DELIVERY TO CLERK ON: January 30, 2002 Vallejo, CA 94589-2131 BY MAIL POSTMARKED: January 29,2002 I. FROM: Clerk of the Board of SupervisorsTO: County Counsel Attached is a copy of the above-noted claim, JOHN SWEETEN° J Dated: January 30�2002 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: 3 i-OX- 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. vl ''JOHN SWEETEN,CLERK, .F'A r — De ut Clerk Dated: y B p y WARNING (Gov. code secion 913) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited in the trail 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: ,F` e t r JOHN SWEETEN, CLERK.By :` '" Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTS' INSTRUCTIONS TO CLAMANT A. 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 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 presentednot later than six months after the accrual of the cause of action Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street.Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the"County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp :against the County of ContraCostaJAN a,2002 orOF CLIrflK District) jSa. (Fill in?Mame) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S f't� =t and in support of this claim represents as follows: 1. When did the damage or injury occur" (Give exact Date and Hour P"w----------------------------------------- 2. Where did the damage or injury occur." (Include City and County) s t�1 P1,57-4-pieL elb , C�-m &71e0C.�T------------------------- ------------------- D4Alool 'o,,og 3. How did the damage or injury occur" (Give fill detajb use extra paper if required) ,0ae -i Zoos t JeA1V 'L f4?brv�7'rtuc eld W0,04C :2=1-0 nt C'oo', m cl e , 1cr�c°�4' �.i.& j94v el a.v ►+a ros�c-C ,w s xc rs S;ve h e 0 r- v t d 0 qJ-4-cs�p ------------------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 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'46-9590 �dayre�n o :�ctagsSII DDISCARD ED FDAtLrf c PRKtR1TY ALL PARTS 1NSTALLEI PM 07�t�/01 05:30p ARE NEW UNi ESi SPECIFIED OTHEF OPl tal RE1+15104 DATE C{7NTAC7EI} PER9t1H Aft it WISE. rE RIwG# 4 ! 2�Iu DATI INPLEASE SEE 0:WACTEO CCINT6ICTEI3 FOR MREVERSE SIDE PINE'111 NIFfl!` TION U� LABOR INSTRUCT�ONS PARTS 1]RTW � .:. . . t3,44 ,��_ ,` C5 � ° E�STS:CtJF�PRES� � ICEIBEINOIL�3 ja 4- � 43I SONOMA BOULEVARD VALLEjo,CALp BAR#AA00155 zl�t-'�2-!11158 EPA*CAI 308549 IftDiCATE DAMAGE qtl X "BY law, You may 4choose another If . BILL LAN N" 'r' 4341 SONOMA BLVD., VA LEJC} CA. 94589-2288 (707) 552-5555 CALIF. B_A.R. REG. #AA003155 www.bitllamcom EFTA #CAD98138 549 NOTICE TO CCINBUMEA: PLEASE READ IMPORTANT WARRANTY INFORMATION ON BACK. CmTOMER NCI. ADVISOR NAT# WVOWE DATE INVOICE NO. 12085 , NICIIAEL H VOSS 47 3747 06121/01. CDCS3942 LIcent N0 MLVA46 mm ETOCK to ADELINE STRONG 13JIJ081 106200 WHITE/ 'YEAH/MAKE f MODEL DELIVERY DATE DEIJVERY MILES 1956 GRIFFITH DR 92/CADILLAC/ELDURADO/ 12/28/91 0 L , D l I i 7 . Lk BELLINO 09ALER NO. PRODWTION DATE E.NO. P.O.NO. N.O.DATE VALL.EJi, CA 94589 AE�DBNM PFitttiE �PNOW 06/20/01�06/20/01707-7=0959I MC)z 106 200 2 13 i CHARGES '-�� M 4�'Nr ilWee.iXrw:+� iin.bwrrprwwar.µi�.W f4tvyraj.i- .W4f.�i aI.9r1q.f1i1.MN'aik%1Msrtk+Yi'MJ� :rt+ti.ut��l9 .kwU�Yffii. W+�}F#.M Wii.l?Y,i +yF rT+'�. a,sr.��i,.Yn..Rw,.�+i.w..�..+.f...w IY f... �Ti.. LWgyWy �yR E@{ {y���{y(I N AN ;{1�y� Mi. 11 ,T♦yFl. M.' I INLMTM S 0� XUIi sg �f ism wsu HLIT $LIRA o 4 HQT E-140jI�E �T. M'CCI�ND E�LAC ��THMt�II S SAT THIF S A' CLM1 1 M L AM 1 MPi TO }� Mrs tM:I I1# M�MOT%, �NalmMs I �HN��.�►S t�> �.AI _T�� �SRM:». �'.. . 71 PARTS�.� QTY .��E� �H�—:mow � PTIOM 1 3 38 Thi 1:246 R 2 4. Nt. also ;s49 1 #K9. FSE 8 oLITt� 1aw 1377� I G �ya�sH I:, :, 7 6 I D} 4 w '� SLB 1R IDR 0 y x TITIAL. *° MAMIi ,SRB�I )i �^ iiM 1�Jf�Y y�Y+YeIMyar i'�1yy� �t y3llklMiMe �,If1fj�.r�W�We+W'.yiiMtl.,irip.Yl�F�sc � 61iYlliwMAT. lWWtIY+'.F� UK- so TO ;I� i a,Yr,K-.rF ».l1xMAgsaionwwrYk.4R4t iUtlwiipyryYypp�y4Y§I�FIyM. IMF f1Z j, .k,li�,RlM wi!,llf��WayFlFrt.ff'YM iKyyy�'Ya+b'W.Swfa�Yiiw 41 7 Fd5 if:t 0 00 JIB# 1 J �MI 1xC$ JI1D# 1 TLItAL. 387 R vii I WPM 4301 SONOMA BLVD.,'VALLEJO, CA. 94589-2288 (7017) 5525555 CALIF B.A.R. REG. #AA003155 www.billiang.com EPA #CAD981388549 NOTICE TO CONSUMER: PLEASE READ IMPORTANT WARRANTY INFORMATION ON SACK. Cu$Tc>pI No ADVISOR HAT• giVo E DATE INVOICE NO 12085 MICHAEL H VOSS 47, 3747 06/21/01, CIIC$39428 UCENW NO. " LUGO COLOR BLOCK NO ADELINE STRONG 3JIJ081 106200 VHITE/ YEMIMAKEIM00ft DEUVERY GATE OEUYERIY MMES 195b GRIFFITH DR 92/CAAIELAC/ELDORABO/. 12/28/91 0 r VEWCI,E ID,NO. sarin—ORA Mi N0. PRODUCT N DATE , 1 '06EL 13B9NU607, 565 F.T.E.NOl P.O:NO. R.O.DATE VALLEJO CA 94585' 06/20/01 Asomoct PHOF PNONE 707-746-9590PII]• <10620 i T.IIIA 'i.+ .w.ii hw'w4 wwiw it .!WM ;wcNK Er Ai.W'MN.iaF Aw�VY.�i� 3MY.:+�'tw' e++ siit�.r +wMiewi y'y'rW:Wy sk ApP dvt RISEIii S�`II'ATE i~# 1} RI' 1E I TAS �'li /2 4i SIT 02 40 ; SY ADELINE ET I COM lTl3 REPLA 14 i 'i18 CA hi LLiR C ai.I it 'Ai�ii` RAINS iiit i FLIJ tBI . I38Rti. 434.6{ 19I Cf- I YI:�Sli I hi0« C ra AL 5LI8LETl*�.. 0.A0 TpTAL Ii#II 13.« 0.00 C ] LISA C PIAS ARID l#VES TIIiAL 14ISI: IrFlll. 0.00 TIITAI. tIC lOIC -5? U9 10 89� THAMi FIIR Ylli BUSIi"�I iIER IIIi IIII+ifLL EIIUIII4E ` iNUFaI ` ti� REN PERUly MORE USED � EIl (�I�14PtiI�IIT C�SI`OiR°3I�hIAT ..ip �'. � Ejr x y k r J § a , 3 4301 S©NOMA BLVD., VALL JO, CA. 94589-2288 (747) 552-5555 CALIF B.A.R. REG.;#AA003155 www.bililang.com EPA #CAD981388549 IVClTICE TO CC3NSUNIER: PLEASE:READ IMF�4R1 ANT WARR iNTY FNFURMAT30M ON BACK. c�rsro +t N0. t2t385 ADV SEAN NAT r INr#NCl oAsl mace NO. 875 485 07110101 LICS39975 ADELINt STRONG tfMMNO. Nkla Uo-mno. 34.31.,1{}81 It3b73f� 4#1IITE/ rEAlt i�eAx�r+ raft nEtrvW OAt9 o uvlAr aucgs 1956 GRIFFITH ITH UR 92/CABILLAC/1�)..L�E3PADO/ 121L819t 0 YIMK l 6 t#�. $lUMQ(MACER NO. PnC3D�c1,tlN DATE 1 6E 'L 138g1+tU5"-. Q7 � 55 YALLEJO CA 9 189 r. ru►. P.o.No. 96 DA 7t37'�7'�I�r=95�? MO 106750 J18 1 CAR8E8 ji#" h C138T8Iy IIw3E5T I:f3tPRIw9.iIR3183I ! 113.9 A > EL E I f T a�1w�i �35TALLEi1 CCPitE9CRttC3>"I � TUD �AA1 IEI~Ty; 1 STEL��t ��TPARTS ! BES� 8 �'.�_ bt112 f12 3II�TT PIC 1 1136} 47 mI 1'6 88I) 5��11Cr 38. E ���yy E� ms's #cera WR 4.4s1y.,e� +yy Y .:^"z ��+e�* �..y: „' t r'id ` _ .' GE r tiry, 213 - _� 6 t3C3(�yyy� #� i TDTL [ Li 6611 A1! TtITALB-- x.» «wS. ...w..+.aa. 113 03 ARTB �{A6,//��# 3TTATE . 5 C€38T1311RE� Y; ACIII EKES }Ayy {N} ., K� � Y3 FTI 8T1ATE �8 � # TQ SAI LS j-. � T.. yf irTl 1+k 4w 4 it�l -�!F �_T r w s L T3 `}y.= yFs (yy �4. I,I ..ET All►(k i 88 AIE �EB TIL � 81w CMB F TAU4 LL ' 13E'il ` ,`sa'iw-$ TAt,.; t � # 488 'YOU I B HAIjLI4 Y lt3R 81 8 85 1 TAI IE S3 l CI 81 SEM QRIBI A1; 131fiEM A111"ACU1 #. iEi ;8E81 T CD1'!I{11ET r 38E� ,,• 1E11 C�1���� ,� ': � Y w ,� �, _ n �- � � ;�� ► �.� nes 4301 SONOMA BLVD., VALLEJO, CA. 94589-2288 (707) 552-5555 CALIF. B.A.R.. REG. #AAO03155 www.billiang.com EPA *CAa981388549 NOTICE TO CONSUMER: PLEASE READ IMPORTANT.WARRANTY INFORMATION ON BACK. cusroar��ao. . 12085 O� EIR rE St MAYA h 882 Hare Av Dnr avva ao. 2287 07l0':tlQ1 CItC8W�9810 ADELINE TREING �No. a 1! coot sroacWo 3,1I,10LI1 1064LI6 WHITE/ 1.956 GRIFFITH DR YCaR r raatsE f � utuvoW oars BERM r AiL V AID,NOL LACIELI�t1RA9[I1 12/28/91 0 1 6 6 E L 1 3 B 7, N U b f} 7' 5 6 rro. Pnoou Fx oars VALL.EJO CA 94589 �� ;w� sr 07/02I01 7{L7°�-746-�3590 Jfl13#I 1 I±NARGEB- �.,..� 7 �1I# .- CIBIBE ' TE > WEI ;S �EE CI~i� 1IBE�.- :57 T3IAGNOSED AR8 REPLACIri -XPEC`�I R Il1LE iRio.-CI<-��414: WTB -- �� RilllB R .. �. � _ BCSCRIOTII I I 1rS389 1thlfic. +1L1S TOTAL PiB 98.75; 1 TOTALS,-�._�._...__.m_ �..,...-. u_.�. M. L.AabR 5�9 57 ESMIAT IsUSTQREIi FI;I3Y ACNtt l8 RECEI II~IB . ..� 0IIIIL. L8TL ISE APP C€Lvelbl E BEIM ESTI to C1II� TB A1I" Sl. I�R lLflq LiM-Miii+*a�.W §Feil1Q �¢�it3� II� 73 #��F4� FE375p� �g �p &1i�3FQ 4 ry § g` Js y� lr ". CA'8FI Ir Cl•fECK �+ T. ' 1il.. PART'" r Jam` ' TITtL VILA IIABTEItCF►ll TALTAL L C � 0 €}0 V r AL loo IN 04 CITAL tN14IG1 # TBANK YC 'i" 1LSI� �y pyj �r yr.� �y ,/ yyam .+ '#� I ? CJRII 'II~IAL I�LIIF'REM'I'�,:[10. I9lytlx r - = si +� s CA 2390 N. MAIN ST. WALNUT CREEK, CALIFORNIA 94396 (925) 934-9340 , BAR#AG080143 US EPA ID#CADUI438500 CUSTOMER No. ADVISOR No, INVOICE DATE INVOICE No. 22032 WYMAN M ADCOCK 108 584 09/03/01 CDCS35001 LICENSE No. MIL COLOR STOCK Na ADELINE STRONG 31T3081 107,425 WHITE/ 1956 GRIFFIN DR YEAR/MAKE I MODEL DELIVERY DATE DELIVERY MILES VALLE3C), CA 9$589 92 CADILLAC ELDORADO/CPE VEHICLE I.D.No, SELLING DEALER NO. PRODUCTION DATE 1 G 6 E L 1 3 B 9 N u 6 0 7 5 6 `5 _ F.T.E.No. P.O.No. R.O.DATE O$/01/Ol RESCUE E PHONE BUSINESS PHONE COMMENTS — 707-558-0688 707-552-9692 LABOR& PARTS .....':.................... .... AFTER pRIS�ING Af>PROXiMATELY 2 MILES iN'TOWN. INSPECT AND ADVISE (NOTE. OWNER HAS MULTIPLE REPAIRS PERFORMED BY BILL LANG CADILLAC IN THE LAST FEW MONTHS) (THEY REPEATED THAT THE WATERPUMP WAS LEAKING) INSPECTED AND ROAD TESTED FOR 5 MILES IN TOWN AND LET VEHICLE IDLE FOR 2 HOURS; VEHICLE NEVER OVERHEATED AND ENGINE TEMPERATURE REMfAINED UNI R 220. NO HOT ENGINE WARNING MESSARE DISPLAYED. VERIFIED THAT AMR-PUMP WAS LEAKING. BUT COOLING IS FULL. OWNER AUTH*I2ED REPLACEMENT OF WATER PUMA'. ALSU RECOMMENDED REPLACEMENT OF COOLANT TEMPERATURE SENSOR AS A PREVENTA-IVE'MEA5SURE. REPLACED WATER PUMP AND COOLANTTEMPERATURE SENSOR; PARTS -QTY---FP-NI�MMBER. ...... . .....DESCRIPTION ------ -_-•-UNIT PRICE- JOB 1 1 12146312 SENS-COOL 3.682 10.10 10.10 JOB 1 1 12369484 PUMP KIT 1;069 175,00 175.00 JOS 1 1 1052753 COOLANT 8.6 0 12.95 12.95 JOB 1 3 25534835 BOLT/SCRE $.900 1.6E 4.86 JOB # i TOTAL PARTS 202.91 JOB # 1 TOTAL LABOR & PARTS 590.91 rnaNER AUTM�IRIZEb REPLACEMENT OF:�INDOY?:MOTOR.; REPLACED RIGHT WINDOW'MOTOR. PARTS-- QTY---=FP-NUMBER.... ------ DESCRIPTION..... .. .........UNIT PRICE- U JOB # 2 1 22143946 MOTOR ASM 10.783 166;00 166.00 JOB # 2 TOTAL PARTS 166.00 JOB # 2 TOTAL LABOR & PARTS 360.00 U ESTIMATE........................................................... CUSTOMER HEREBY ASCMX?WLEDGES RECEIVING ORIGINAL ESTIMATE OF 5200.00 (+TAX) APPROVED REVISED ESTIMATE C# 1) OF $982.00 {+TAX}"ON 08/02/01 AT 02:00pm BY DE RAY COMMENTS PAGE 1 OF 2 NOTICE GLU MWOFY EASE'lQFA 1 IMPORTANTCN N�M 0.P�%&9857 CK. 2390 N. MAIN ST. ►Ctl�r..� � WALNUT CREEK, CALIFORNIA 94596 BAR#AGOSO143 (925) 934-9300 , US EPA M#CA0981438500 CUSTOMER No. ADVISOR INVOICE DATE INVOICE No. 22032 WYMAN M ADCOCK 1085$4 08/03/01 CDCS35001 LICENSE No. MILEAGE COLOR STOCK No. ADELINE STRONG I 33TJ081 107,425 WHITE/ 1956 GRIFFIN DR YEAR/MAKE/MODEL DELtVERYDATE DELFVERY'MILES VALLEJOj CA 94589 92 CADILLAC/ELDORADO/CPE VEHICLE I.D.No. SELLING DEALER NO. ('RODUCTION DATE 1''G 6 E L 1 3 B 9 N U 60 7 5 65 F.T.E.No. P.O.No. 7: R.O.DDATE' 08/01/0 RESIDENCE PHONE BWSiNESS PHONE COMMENTS 707-558-0688 707-552-9692 TOTALS - ........................... TOTAL I.AM..'.. 582.00 TOTAL PAfS.... 368.91 * REMOVAL CHARGE FOR ALL HAZARDOUS MATERIALS FROM YOUR * TOTAL SUBLET... 0.00 * AUTOMOBILE, THAT MUST BE DISPOSED OF AS HAZARDOUS * TOTAL G.O.G.. 0.00 *WASTE. OIL AND FILTER - $3.69 ANTI-FREEZE - $3.74 * TOTAL MISC CHG. 0.00 ' MISC DISC 0.00 * WASTE TRANS FLUID . $3.74 ********* TOTAL TAX... . 29.52 COUPONS MAY NOT BE COMBINEI}WITH'SENIOR CITIZEN DISCOUNTS, ' OTHER DISCOUNTS OR SPECIALS. TOTAL INVO CE$ 980.43 ALL BODY SHOP REPAIRS MECHANICAL PAINT AND REFINISHING ARE WARRANTIED FOR ONE:YEAR MGR SIGNATURE--.------..- PAGE 2 OF 2 NOTIGI E� �IIi11%AEASE READ IMPORTANT W C D !i [NVG1I TI ION Q&: 7 61C. STATE OF CALWORN1A Di''kFITMENT OF CALIFORNIA HIGWtdAY PATROL COLUSIO INFORMATION 4 CMFMNLA 40WAY PARM C-HP4ov 6 g8) OR G4 _ -_ _ 5041 Slum Road NC.if;N AAFEk #at UFFICFR'Si f3: VHER l �_ A ;t}py of thea:. of-,.report can be ottaing(t f'orn ft+e addressatx.,ve and writ nrm'tat y oe availabip mays from the(L .of the catlisior, A ra<luest by mail is preferred ant;ms.tst OUdud€r dale lime tif.€i; ^urnber,end Officer's 1 D' T3umber above Tne csridication for pori haSe inform tio-.then rust also be ti;mp`eterl,sinned awl atfarned ts-jy u wrQsn request with yn i cIr eck for pa ymer,t persovai chock of money a!_r.ty+ahl,?%) no Cahic nia Highway Patfol(CHP}fur$6:lr Reports may also be rota Teri :t -.,-=sc:7 during t1ho oflire lo; 'S s,a'riped above Please crit;e; the report is ready ir,the erpr" rest exceeds$6 00,Vo.0 will be notified. Reports are fwamed k; yC. , :1 ':'� "t4Elisu7 6G r -I- 08/U7/201)1 J#70 (X. 8 tt.t,ti,+ sit„r STRONG ADELINE 19 H G+g�1y R S6 GRVALLEJO CA ` 4 589-Z l 1 C, y: t� 14 f'fAT' QM C/ti. SUGAR EP"-U 1A600d PO BX 7S CROCKETT' 945�5 r SAM �z 'L,t OVIART90E4' i9 MOTOR MiCtES VALIDATED REGISTRATION CARO READ AEVfRSF SWr ,!,V-IO#TANT fiNSTAUCT10PF3 CLAIM C. , BOARD OF'SUPERVISC3RS OF CONTRA COSTA COUNTY `T BOARD ACTION: Feb 26, 2002 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 lease note all"Warnings". AMOUNT: in excess of$10,000 FEB ti 12002 CLAIMANT: Bertha Collazos T'RTCOUNiSEL ATTORNEY: Timothy Egan CEIVED: January 31, 2402 ADDRESS: 7 Fourth St#59 BY DELIVERY TO CLERK ON: January31,2002 Petaluma,,CA 94952 BY MAIL POSTMARKED: Hand-Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-rioted claim. JOHN SWEF,96; , Dated: J Hoary 31,2002 By: Deputy ' 11, FROM: County'Counsel TO: Clerk of the Board of Supervisors (N 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 isnot 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: Z -. l C By: t-W,10-b 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 Beard's Order entered in its minutes for this date. 6 Dated: r Gv c 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./ " i JOHN SWEETEN,CLERK By G p Y `' De ut Clerk Contra Costa County Fire Protection ,district Fire Chief KEITH RICHTER January 31, 2002 TO: Gina Martin, Chief Clerk of the Board of Supervisor FROM: Mike George, Chief of Administrative Services SUBJECT: Notice of Government Claim-- Bertha Collazos, Claimant vs. Contra Costa County Fire Protection District 117, City of Concord, Edward Raul Gonzales and Docs 1 to 100 Enclosed for your information is a copy of my August 2, 2001, memo to the Risk Management Division informing that office of an accident on August 1, 2001, in which a District fire engine, as it was leaving Station 10 in response to an emergency call, collided with a Toyota Camry driven by Bertha Collazos. Please find enclosed a letter from claimant Bertha Collazos' attorney and an accompanying Notice of Government Claim in connection with the August 1, 2001, accident . It should be noted that page 7 of the Concord Police Department Traffic Collision Report states"D-1 (Ms. Collazos) caused the collision by being in violation of 21806(a)V.C. --for failing to yield to an emergency vehicle while enroute to an emergency call." Please handle this Notice of Government Maim on our behalf. Enclosures U:\SRMGRSWHG\RSKMGT3.201vw ❑ 2010 GEARY ROAD • PLEASANT HILL, CALIFORNIA 94523-4$94 • TELEPHONE (9.25) 930-5500 • FAX 930-559.2 ❑ 45,27 DEERFIELD DRIVE • ANTIOCH, CALIFORNIA 94509 • TELEPHONE (925)757-1303 • FAX 754-8852 ❑ WEST COUNTY AREA • TELEPHONE(510) 374-7070 Contra Costa County Fire Protection District Fire Chief KEITH RICHTER August 2, 2001 TO: Risk Management Division Attn: Sharon Hymes-Offord,Acting Assistant Ris M ger FROM: Mike George, Chief of Administrative Services SUBJECT: Accident on August 1, 2001 This is to inform you that a District fire engine was involved in an accident with a Toyota Canny on August 1, 2001. As our fire engine was leaving Station 10 in response to an emergency call,it was struck by the Toyota which failed to yield to an emergency vehicle. The Toyota's airbags deployed and its driver was transported to the hospital. Damage to our engine was moderate—chock block holders were knocked off and there was distortion of some diamond plate on the running board under the pump panel and diamond plate side bumper under engineer's compartment. I suspect the damage to our engine will be repaired by an outside vendor. Damage to Toyota was more significant. Please find enclosed the accident report and four(4)related memos. Enclosures UASRMGRSIMHG\RSKMGT4.f08\jw 0 2010 GEARYROAD + PLEASANT HILL, CALIFORNIA 94823-4694 + TELEPHONE(928)930-8800 + FAX 930-5592 El 4527 DEERFIELD DRIVE + ANTIOCH, CALIFORNIA 94509 + TELEPHONE (925)757-1303 + FAX 754-8852 ❑ WEST COUNTY AREA + TELEPHONE(510)374-7070 CONTRA COSTA COUNTY 'V'EHICLE ACCIDENT REPORT Dote of Accident lints _ Location of Accident !�13 G� Treel-- (SL. �c) 9 Lis I a� County Dtiwer Cc*+rt Department Nemo Address C ll, 1\,..4�iOArr+-� L-)Y A.-,N och C—o ulf-er dd:e. C'•f,�n-ca's ;Phan.bzf) 409q-�,5LIV Phan. CqV-&) 'i t -' County Vehicle Mans i,,.»M E Yost Police Report Taken (Av%0• 0-7 License a Who Persettel Cor on County Asks year tosuronco Company •usinass mot, No License,t Other Driver Car s2 Ad**ss �*).4[` 'PC( t V ncom Phone t—kfxj.'1 Ryiatorod Owner Car s2 Address .Pitons Car 02 f404s1 and !lady Type ysor Msur"co Cowpony vCamr vrv- -dti1r�, �`ol3iyg45 License X C5c1 Enjursti•s lianis Age Addtsis occupant er~ hu Cc,tlazc�s uta 43l$ ,1t flroc�� CR. Concord Cat a Nature of injury- Wert Disposition 1w(ured's Noma Ape Address Occupant Car N Nature of Injury Disposition In;jured'$f4me Age Addross Occupant Gar M Notate of iw(uty Disposition witness(Net County Employs*) Address i Phone witaose(1401 County Employee) Addross Phone MNness (foot County Employes) Addross i Phone. i PLEASE COMPLETE REVERSE SIDE OF FORM Mt�AsrAws• �rA}��Iyuwr3 rYeO +r+ EIS $.a4b,►uo yuer� 1 •rtfew°C+11�a+ arrtraurtu! trua�x±ppo p �usp+a�r tr ua�iet��a t r�rtAv SIDIA34 mm Dtddrtl.L Is3wyN 133 115 `NiitON 040riput :�xaa::' "f r..a::a:-•:+f:a?••aau:� rr.aa^:r;].;:a:in::r.:::::frvr•=:te:.:...••.rvxn...vF»�::..:rn a:a:•., -..:.;;.rro.-v:r;ra- ..a..." :�:.:xu4'�':.v`Ir✓� o-�iE#. '-.-.:3fJ.»�v'.:'rzgp.�c�•3ms,£'aauY::F'�vw..::.��vriu-sci:S�'S:.wxEfi�^.::.. -,.9i?c 3ii,:::; 31 •331,:..., i 33i::'...3 'li i3. 3i;k '3;?j 1.i, i .,� A :ice". 1 � . 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Jim Passadore responded to vehicle involved from the open apparatusbay at Station 10, where E 1.10 had just left for the alarm. FIF Clausen attended the victim and Capt. J. Nunes moved 8310 to protect the scene of the accident and set a flare pattern in the involved lane. Engr. Passadore came to assist FfF Clausen with patient care. E110 had backed to the scene; E110 facing eastbound while the involved vehicle was facing westbound in the position that the vehicle had struck E110. Personal from E110 also attended the scene and assisted with patient care and in securing the vehicle. Patient was packaged and transported to the hospital with C-spine precautions. First AMR unit on scene was an EMT unit, the EMT crew initiated extrication procedures and packaged patient on a backboard. AMR paramedic unit#56 now on scene transported patient to Kaiser Walnut Creek. At the scene of the accident a citizen walking eastbound from the sidewalk on the eastbound lane of traffic'claimed to be a witness, walked across the street to the vehicle and was somewhat belligerent to E110 personal pointing fault trying to gain the attention of the victim. He had to be''told`to go'the sidewalk and wait for CPD to arrive on scene to make any statement about what had occurred. E110 personal had no further contact with said witness after. Damage to E110 was moderate, chock block holders were knocked off and there was distortion of some diamond plate on the running board under the pump panel and diamond plate side bumper under the engineers' compartment. The damage to the vehicle ('95 Toyota Camry)was enough to deploy both driver side and passenger side airbags. Vehicle appeared to be traveling between 30 and 40mph, estimated from vehicle damage and due to the fact that there were no skid marks on the road. At the time of this report the Apparatus Shop manager has not reviewed the apparatus and his estimate of the incurred damage is not available. Apparatus has been viewed by B/C Watts and BfC Warren;and pictures of apparatus and vehicle were taken. Personal view of accident from Captain Thomas M. Oakley. While responding to response#23373, E110 was involved in an accident directly in front of Station 10. In response to a Structure Alarm there are many things happening along with the hazard of code 3'responses. As a Captain my job, along with assuring that my emergency gear is on, is to attend the response itself. This includes paying attention to traffic. From the Captains side of the apparatus (front passenger) the view of traffic is clear, it is a habit of mine to always watch traffic for the reason that 4 eyes are better than 2. Noticing that the vehicles all appeared to be yielded in the west bound lane I turned my attention to the driveway directly across the street then the east bound traffic, which also appeared to have all yielded. I as a Captain attend the siren and air horn, the siren was being attended by Engr. Gonzales and I usually sound the air horn with a long blast in an attempt to be heard this was being done due to quappoe at4l papualle pue wjejV ainjonilS 9L41 Pun anp lxeu PU9S 01 POSIApe pue suoileotunwwoo paiplou I JU9p!OOe Ue Ul p9AIOAUI ueeq peq em jet4l BuizileaU -uowwooun jou si qoiqm 'qjno st4l pedwnf 9AB(4 jt46IW 0 L b3 leql pownsse 1 -spunos ppis ou of anp '19A juappoe eqj jeqj96oj 6uillnd jou 'qsejo e pjeq pue dwnf eu16u3 Oql 4191 U91411 'PAIS leejj_ punoqlsee oluo uinj puet4 Ijal eqj Bui�lew ely4M sauel punoq Isem eqj ui of-4eil jo junowe aL41 .. ................. .. .................. ... .............. ... ...... CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT MEMORANDUM TO: Captain Tom Oakley FROM:. AcademyInstructor Jinn Passadore SUBJECT: Witness Statement: Accident in front of Station 10 DATE: Aug. 1, 2001 While standing in the apparatus'room tallying to Firefighter Curt Clausen, I witnessed Engine 10 struck by a white vehicle. The traffic in the number 3"and number 2 lanes had come to a stop to yield right away to the engine responding to a call. I believe that these vehicles that stopped were light in color with one being.white. Due to the wall of the station and the stopped vehicles, I could not see the vehicle that struck the engine until impact. The engine was turning left from Fire Station 10 onto Treat Blvd.when it was struck. Off-duty Firefighter Clausen ran out to the vehicle while I went to call for additional help. l found that off-duty Captain John Nunes was calling for help so 1 went to the car to assist Firefighter Clausen. When I arrived at the car and looked in from the passenger side front window Firefighter Clausen was administering aid to the victim, a middle aged women. I attempted to ask''firefighter Clausen what he needed help with but could not communicate because the car radio was so loud. The vehicle engine was not running but the ignition key was in the on position. I turned the car off and removed the treys placing them on the console. I then asked Captain Oakley if he need any, further assistance. He answered."no".and I left the scene. til puodsai 01 Od pue eousingwe pa4sanbat`oL outBue jol pelntl;sgns eg autBua leuo!llppe ue pelsanbei : uoppooe e#up4en jo jejueo uo!IE*tunwwoo P941 Qu 0 u}e;deo (IOW mol owned) lueP!ooe o} anp so2viloo egUea 'sly pdun000 funfut euo -auel L#9111 ut purloq JSeM OIOtutn Ojenud a Atj fonts SeM OL autBu3 u.lnl 491 ey4 Butlaejs uat4M 'p.teABinog 4eaj_, uo euel punoq Ws3 L#eql olu! ujnl puel4:4el a BuiXew E i` Z 't suet punoq IsoM ssojoe Butpaeoo.td;popuodsai My�e�U]6u�3 -oypi. ,AouaByj,�ayt�,u3 of Bulplal{A C 1x9t{Z`4 se� uel oL4e.�l� punoj3 jse3 (-pu)ado euel L# punoq Iso ''peddo s oWeil t.4j!m MVZ.S"ej..�}uT�#ocgseM /i{iuoi p BEi.FI, 8,91 ejoleq 7iryto! 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Next, 1 interviewed Engineer Gonzales, who stated that engine 14 was enroute code 3 to the dispatch of a structure fire 1094 Mi Casa Court apt. 18, Concord, CA. Personnel secured, all Headlights, Warring lights and Siren operating, before leaving the station West bound lanes 2 & 3 on Treat Blvd. Stopped, lane 1 open. East bound lanes 1, 2, &3 on Treat Blvd. Yielding to Emergency traffic. Engine ',10 proceeded across latest Bound lanes making left turn East bound into #1 lane. While starting the lett turn, Engine 10 was struck by a white 95 Toyota Camry Lic. # 3PHG501 traveling West on Treat Blvd. In the#1 lane. Inspection of unit 117 recorded the following damage: Metal distortion of diamond plate mid left section of apparatus. Damage to apparatus recorded as minor. Accident review finding was not preventable, due to the fact that citizen failed to yield to emergency traffic, as well as station emergency lights. Note: station emergency lights tested daring investigation and found operative, Driver in full compliance of DP-P5 and"DP-SOPS. Recornimndation. Provide.signage for public, which would .state " Fire department Emergency response when Red lights are Flashing." Paint Road Way in Both Directions, advising public to Yield for Fire Department Emergency Vehicles. 19140 -Jos ulwpV '96aoa0 laegolW :oo -pa lnbei it 'elep aauel a le aa4 joeiuoo of Idwalje ueo 1 -sjinsai anlle69u ql!M z9pueuaa3 ApueS .syy loeluoo of sidwalie leaanas spew I 'ydw.0t7 ,xoadde 6UIIaneJl saran ejoAol a4j je4j pajels yo!jnZ '01.3 wog}1001 auo>xojdde pun seNejq jay Aldde jou p!p pue `plan( of Idwajje ou apew eloAol atlj jo Janl.tp 941 leul pauleldxa yolanZ *sV11 •eloAol al!gm a4j oweo uwooZ,, aaaynn ou jo ino Alueppns pue aealo seen 491 ja4 of euel a4j leyj polels younZ 'slN 'dols a of 6uiwoo 146U J;Dq of 913149n ayj pamesgo osle eqs 'OL uollelS JOW04 u1 dols a of aloly'an jay 4y6noaq 94s IeLp pauieldxe yaunZ •suaalS pUe sjy611'pa2j yI1M uoilels aul Pa OL3 nnes ays uegm 91790 Alejewlxoidde le 'pnl8 lead uo auel alpp!W ayj ul punoq isam seen ays le4l palels yoljnZ -s" 'Wslug of gels woa;juap!ooe lejol aul possaupm pue 'Iuap!ooe 94110 owil a4j le •pn18 }Baal uo auel punoq jsann a{pplw ayj u1 aloiyaA a}o Janup 94I Senn 94s jeyj pajels yolanZ -sW -4o1m7 ueor ssaupm yl!m joeluoo euoydelal spew I 'smog OZLL 'xoadde le `LOOZ `L jsnbnV up Z L69-689-9Z6 :auo4d 29176 VO `ploouOO -aa poonnuJayl 6£9L zapueuJad hpueS :ssaul!AA OL09-£6L-5Z6 :auoyd 299,6 VO 'p}oouoo :pnoo uoluld L91717 yo!mZ ueor :ssaul!M LOOZ `L jsnbnV :31Va LO/L/9 OL uo!jejS— (leluawelddnS) jjodaa luap!ooV elolyan :lair ens jaNO uolleUe8 's}leM -0 NoiJapaaJ MMAJ lalyo IuejSlssV 'llaneS A9M9(] :01 wnaNVNOW3W 131HISlo N0113310ad 3UId A1Nnoo diSOO VH1NOO mty, , Egan Attorney at Law McNear Building • 7 Fourth Street, Suite 59 ' Petaluma; California 94952 Teh(707)789-9018'• Fax:(707)789-9104 JAN 3 12002 January 28, 2002 CLERK BOA}�E}of SUPE iVISORS CE)EVTRA C.c?5TA Co. " Contra Costa County Fire Protection District 117 2410 Cleary Read Pleasantl4iill, CA 94523 RE: Bertha Collaz€►s v. City of Concord, Contra Costa County Fire Protection.District 117" Ladies and Gentlemen: Enclosed please find a "Claim for Damages"presented on behalf of claimant Bertha Collazos. Please direct this to the appropriate person or persons for handling. i would;appreciate it if you would provide me with the identity of the individual handling this claim on your behalf. On behalf of my client and this office,your kind attention is appreciated: VPAWtruly ours, Timothy J. Egan TJE(hp Timothy J<Egan(SB No:213122) Attorney At Law 2 7 Fourth Street,Suite 59 3 Petaluma,CA 94952 Telephone: (707) 789-9018 4 Attorney for Claimant Bertha Collazos 5 6 NOTICE OF GOVERNMENT CLAIM 8 9 10 11 Bertha Collaz©s, NOTICE OF GOVERNMENT 12 Claimant ) CLAIM PURSUANT TO 13 ) SECTION 910 OF THE. V. ) GOVERNMENT CODE 14 Centra Costa County:Fire Protection ) .District 117, City of Concord,Edward 15 Raul Gonzales.and Does 1 to 100 1fi ) Defendants. ) 17 � 18 PLEASE TAKE NOTICE that Claimant BERTH COLLAZOS hereby makes a 13 20 claim for injuries and damages against the CONTRA.COSTA.COUNTY FIRE 21 PROTECTION DISTRICT 117 and the CITY OF CONCORD pursuant to Government 22 Code Section 910, et seq. and pursuant to the laws of the State of California asserts as 23 follows: 24' (a) The name and post office address of claimant: 25 BERTHA COLLAZOS 264351.Fallbrook Circle 27 Concord, California 9452.1 28 CON0 v ` CONCORD POLICE P.CJg C�I ;L CO-NDITION'$ NUM BIER HIT e1Rviv DEPARTNE T 2 TRAFFIC COLLISE �Yl CNl1RHQ FELONYCR No. �VL�. � �3 SFECIAL:V EHICLE3 NUMBER HIT&RUN COUNTY 7. 2� DATE & TIME REPORTED PAGE KILLED MISO ITY pot-ICE !jH THSR tra . - ❑ ConGasta ���"�.. � OF LASS! IC ATION CATE & TIME OCCURRED `NCIC NO. OFFICER �,...-� I.Q. NO. C7 (� 0704 OCCURRED ON: PRIMARY STREET SPEED DAY OF WS K JTO�WAWAY STATE HW6 O$LIMITC. rE3 l �.Y t { . F wl NO NO.. t )YES I AT INTERSECTION WITH (SECONDARY STREET) SPEED ID S.UPP LIMIT I OR: FEET L.$ N 3 a � OF :RVR QRIVER S LICENSE N-O, STATE CLASS SAFETY VEH.YR. MAKE/MODEL/COR. LICENSE NO. STATE L y Err e. PED NAM {PIRST,M10DLE,LAST) Q LL Q<-, PKD STREET ADDRESS OWNER'S NAME ($: AMI: AS DRIVER vem BIKE CITY TAT./ZIP OWNER'S ADDRESS ( SAME AS DRIVER. OTHR SEX I HAIR EYES HGAT W{G+�JH{)T,,,, SIRlT{HDATE RRCE DISPOSITION OF.VEHICLE ON ORDERS OF: { )OFFICER ( N1vEw V\f.3 M i , � (DAY )OTHER HOME PHONE : BUSINESS PHONE. PRIOR MECHANICAL DEFHCTS. (, Narm APPARBHT { )R.EPER TO NARRATIvm i . . (... ).. . �.- ... TOWED BY DE SCRIBE VEHICLE DAMAGE SHADEAREAMAGIE:D. INSURANCE CARRIER POLICY NUMBER /{ i )LINK ( )NONE ( ..)MINOR AApk ox< y} ( JOR ( .)TOTAL DIR.OFON STREET OR HIG WAY PCF FCC r T L �,..,,t 4, Qi 30(00 .c,. PUC 1 .. `. CHP. DRVR DR`IrV�'ER''$ LICENSE N.O. STATE .; 111AVETY VEH..YR. M,MAKE/MODE:L/COLO.R(� LICENSE NO. ,,�'�1}.}l{t STATE4L. +✓ >tG+l EdU1P. Tl '�3+ PItD NAME (Pitt3T:j MIDDLE,LAST) e; ... PKD STREET ADDRESS OWV )SAME AS DRIVER VEl ci BIKE CITY/ TATIX/ZIP OWNERS ADDRESS ( )SAME AS DR R N 9 OTHR SEX HAIR EYES 11113HT WGxT t{ BIR TH�,DATE RAC. DISPOSITION OF VEHICLE dN ORDERS OF: ( )oPP/ceR ( IVErt 1 0 I6 t YEAM `+ ( ).CIT HER HOME PHONE ..BUSINESS.PHONjE� PRIOR MECHANICAL Dff FECYS:'( 'E APPARENT ( )RIZPERTO.NARRATIVE TOWED BY DESCRIBE VEHICLE DAMAGE SHADEf\REA MAGSD INSURANCE CARRIER POLICY 7NUMBER )UNK. ( )NONE ( )MINOR /4 e t-> �J /,.S MOD ( )MAJOR ( )TOTAL DIR.OF OH STREET OR HIGHWAY PCP ICC ( )` 1 TRAVEL ( ..). PUC Is XU CHP DRVR DRIVERS LICENSE NO.NO.. STATE CLASS SAFETY VE H.YR. MAKE/MODIEL/COLOR LICENSE N.O. STATE PED NAM. (PtRS F 6LE LAST CONTROLLED DOCUMENT PKD STREET ADDRESS OWNER'S NAME SAME AS DRIVER BIKE CITY/STATE IP OWNERS ADDRESS SAME AS.DRIVER Released by: � OTHR SEX HAIR EYES H6HT GHT BI RTHOAAPE RACE DISPOSITION OF VEHICLE ON'ORDERS OF: ( )OPPICBR ( )DRIVER MD. .DAY - YEAR HOME PHONE BUSINESS.PHONE PRIOR MECHANICAL DEFECTS: ( )NONE APPARENT ( )RBPERTO:NARRATIVE TOWED BY QE$CR IBE VEHICLE DAMAGE SHADE IN A MAGE ARE INSURANCE CARRIER CARRIER POLICY..NUMBER }UNK )NOriE { )MINOR )MOD: E:. )MAJOR { )TOTAL �. DIR;OF ON:STREET OR HIGHWAY. PCF TRAVEL (: ) PUC CHP'.. PORTING OFFICER -BEAT DAT. & TIME REPORT WRITT6K SUP.RV)SO:R APPR OIl iNG -Z8-1 JUN 87 CONCORD POLICE DEPARTMENT TRAFFIC COLLISION CODING �#G PAGE .Ta P4 COLLISION TIMrS { 400I... :.NCIC N€:InMk'?bA&R : 01*.PICER ED. NU N3IOEFI PAY "S.-O i4" 0704 'OWNER SNAMRfADDRBS9 NOTIFIED IROPERTY YI6s No DAMAGE DESCRIPTION OF DAMA09C SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEH.' OCCUPANTS: MIC BICYCLE- 1-Driver — L-Air Sag Deployed u-Not Ejected. A-Mone in Vehicle -- 2 to 6 Passengers B-Unknown M HELMET Air Beg Not Deployed 7 Fully Ejected 7-Station Wagon Rear C-Lap Belt Used N.Other DRIVER2-Partially Elected g-RR Occ.Truck or Van C-Lap Belt Not Used P-Not Required V-No 2-Unknown 9-Position Unknown tN Yes 1 2 3 E-Shoulder Harness Used CHILD RESTRAINT 8-Other F-Shoulder Harness Not Used Q-In Vehicle Used PASSENGER _ 6 G-Lap/Shoulder Harness,Used R-In Vehicle Not Used X-Nb 7 hi-Lap/Shoulder Harness Not Used S-in Vehicle Used Unknown Y-Yes J-Passive Restraint Used T-In Vehicle Improper Use K='Passive Restraint Not Used U-None In Vehicle ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK(*)'SHOULD BE EXPLAINED IN THE NARRATIVE. PRIMARY COLLISION FACTOR TRAFFIC CONTROL.DEVICgS '� -. .,`x TYPE OF VBHiCLE j: ',: MOVEMENT PROCEDING .IST NO,.I `i OF PARTY AT FAULT COLLISION. I A VC Section Violated:: Cited: A Controls.Functionin A Passers r CarlStation Wa on - A Stopped I {� f }Yes(H<D B Controls Not Functioning* 8 Passenger Car With Trailer B Proceeding Straight B Other Improper Driving* C Controls Obscured C Motorcycle/Scooter C Ran Off Road C Other Then Driver* DNo Controls PresentfFactor* p Pickup or Panel Truck D Makirig Right Turn TYPO CSP COLLISION E:Pickup/Panel Trk.W/Trailer E Makin. Left Turn D"Unksleepwn�` A Head-On F Truck or Truck Tractor F Makin U Turn # E FeH Asleep* B Sideswipe C: Truck/Trk.Tractor WiTrailer I IG Backing WILATHIER MARK I TOz"ITEMS)- C Rear End H School Bus 'H Slowinli/Stoppinqr A Clear0 Broadside T Other Bus I Passing' Other Vehicle B Cloud E 'Hit Object J Emergency Vehicle J Chan 'in Lanes C Rai In F Overturned K Hwy.Const.E ui ment K Parkin Maneuver D Snowing. G Vehicle Pedestrian L Bicycle L EnteringTraffic E F Visit€lit Ft. H Other*: M Other Vehicle M Other Unsafe Turning MOTOR VSHICLS INVOLVED WITI4 F Other": N Pedestrian N Xing into Opposing Lane G Wind A No -Collision 0 Moped D Parked LlesrlTrN B Pedestrian P Merging A Da li ht C Cather Motor Vehicle Q Traveling Wrong Way B Dusk-Dawn D MotorVeh.an,OtherFloadw OTHXR ASSOCIAT90 FACTOR R Other*: C Dark-Street Lights E Parked Motor Vehicle IMAIK I TO x ITEMS) D Dark-No Street t Lights F Train A VC Section Violation: Cited: G Bic cie Yes No E Dark-Street Lights Not 13 VC Section Violation Cited: Functioning* H Animal- SOBRIICTY DRua Yes i )No HYSICAL I Fixed Object: ROADWAY SURFACE C.VC Section Violation Cited: MARK I TO H ITEMS-. A D �.e N A Had Not Been Drinkin 8 Wet 8 HBD-Under€nf€uence C Snow -€ J Other Object- E Vision Obscurement C HBD-Not Under Influence* D Slippery mu it etc. F inattention* D HBD-'Irnairment Unknown* ROADWAY C'ONoi-rioNs PROKST7RIAN'S ACTION G.Stop&Go Traffic E Under.Drun,Influence* (MARK I To x ITXM.5) A No Pedestrian Involved.. H'Entering/LeaVni° Ramp Ph F Impairment- sical* A Holes Deep'Ruts*ts* B Loose Material on RoadWa 8 Grossing In Crosswalk I Previous Collision G Impairment.Not Known at intersection J Unfamiliar with Road H Nat Applicable C Obstruction on Roadway* Crossing in Crosswalk-Not K Defective Veh.Equip.: Cited: T Slee F u D Construction-Re air Zone C at Intersection ape No SPSCIAL INFORMATION E Reduced Roadway Width D Crossing Not in Crosswalk L Uninvolved Vehicle A Hazardous.Material F Flooded* E in Road'-Includes Shoulder M'Other*: Fire Involved* G Other*: F tUot in Road N None A' parent L - II C Tire Defect/Failure H No Unusu l'Cond`Itlons G'A roach I,.eavin School Bus 0 Runawa Vehicle sKffiTCH: p ,,�/J� MISCELLAN:EOUS:.. `IJ"al, ..�. .». INOICATS NORTH CP-24-Z JUN 47 CONCORD POLICE DEPARTMENT INJURED/WITNESSES/PASSENGERS �A r ?ATGE E lx COLLISION TIME OO NCIC NUMBER OFP:{CER I.D.,. NUMBER - 1' f 0704 ` Ia EXTENT Of INJURY("X"ONE) INJURED WAS("X"ONE) NoNt,y PASSENGER GSR AG$ sex PARTY MCAT MAFCTY.. CJHCTBD ONLY OR wATAL iEVKRC OTHER VIiIYLS COMPLAINT tIR1VtIR PXii. Poo, i7CYCLFMT OTHER hUMBCR POM. EO.R. IN3URY PUNY INJURY. OP PAtW IA E Q.O.B. ADD SS T EPHONE 5. 'RANSPORTitt) BY INJURED ONLY 76 TAKEN.TO, >ESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED El E3 AD REBS 'F' L1zPHONE -L t � fi tl y c cy QQ{�1� n SPORTED BY INJURER ONLYj: TAXICN TO: IESCRI:6E£ INJURIES ❑ VICTIM.OF VIOLENT CRIME NOTIFIED ❑ ❑ ❑ ❑ ❑ ❑ c ADDRESS � T Na -RANSPORTED BY ItNJURED ONLY).: TAKMN TO: )BSCRIBIC INJURIES t ❑ VICTIM OF VIOLENT CRIME NOTIFIED ass I E +^_\ :WG+ M .! - � i -3:. +f 7'.ELE PH ONE 'R ANSPORTED SY NJURED ONLY I: )$S IBE.YNJVRiES F-1VICTIM OFVIOLENT CRIME NOTIFIED VAM.IE D.O.B. ADDRESS TELEPHONIC TRANSPORTED-BY (INJURED.ONLY):. TAKEN.TO: �65CRIBESNJURSEB ❑ VICTIM OF VIOLENT CRIME:NOTIFIED vXME E7;O.73,. ADDR ESS 4- 1 EPHANE rRA:NSPORTED BY. INJURED ONLY:. TAKNN YO: 3RSCRIEtz INJURIES ❑ VICTIM OF VIOLENT.CRIME NOTIFIED REPORTING OF Ft G'ER BEAT D R AND.TIMIE REPORT WRITTEN iUPBR VI CR APPROVING TYPIST DATE AND TIME REPORT TYPED w: X13 P-29'1 J N B7 'AGE o [CR * rS \ .tet r 11 S1 ojaj i is '� � ,..��► .� � � � s �t c tEPORTrN6 OPP'10E[t BEAT D E AND TIME REPORT WRITTEN EN JSUPMR;�;R APPROVING. TYPIST DATE AND TIME REPORT TYPED P-$OOA SEP 94 PAiGE. c ' Cit T S, CDO- M-100A F'£CEF 84 Gam. Y Lt�� FCR * -= ' ,-L Dlo .PORTING OFF"Cept BEAT T3 AND YIME REPOktT.WKII'TEN SUPPERVIS APPIR t?V5H6. TYPIST DATE ANN T3ME REPORT TYPED 'AGE " fly ---UOL elk t� S` c1 RHPORTING OFFICER 0EA.T 107 AND TIME Rap--T WRITTEN SUPER-VI IR APPROVING TYPIST DAT$ ANII 7IME REPORT TYPED ""UAL DIAGRAM' 4}• C0464i 10N Y4Mf (jebb� .mow. � � Jt Rt i MCASUPEMENTS ARE APPROXIMATE ANO NOT TO SCALEIJ N.i.E53 STATE'O (SCALE.• 7--! 711771 17 1PFr ' t tM04CwTf _ wlOw Tx 1" ! ( YGRACE a vxlLLIEY CER Z, EXIT' t 3' DC7 C LE AR T 1 10r1 E #O I ' -q/s, 7- q/s, j + ,+' //�7N-- t, Z.... 3.. 4.. S.. 6.. 9-.• �. "s MwNf f.fy. .+J.wxcw ow. Y.s ws»-ro r.o. o. rrf 555'—Page 4 (Rev 8-8'1) OPf 042 842W--s6 9An VW r-CA' CONCORD POLICE DEPARTMENT DIAGRAM! LEGEND P 'f1 )ATE OF COLLISION y + TIME(2400) NGIC NUMBER OFFICER I.D, ' CFE N4. 40og DAY C✓ YR.I✓ 0704 VEHICLE POINTS OF REST{Ptd-Rj 5/ p s PEDESTRIAN POINT OF LANDING/REST,_. NEW PHYSICAL. EVIDENCE I -- � "" / ... •-� ,- PHYSICAL. EVIDENCELOCATION x �y REPORTING OFFICER BEAT DATE T E REPORT WRITTEN St1PERVIS 'APP V r MAY 95 1 PACE } CR # .- At c�& r Oj�t-t-j to D, x 7T:> r Vim. cv k3 - - z. . 1-0 kAc REPoRT1NG DF'F'IC$R i &E:AT 0"s AND TIME REPORT WRITTEN 9VPERWIS R KMPRbWING 7YP/ST bA.7E AND TUNE REPORT TTP'ED CLAIM t BOARD OF SUPERVISORS OF CONTRA COSTACOUNTY J BOARD ACTION:' ' ` 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: $150,000 JAN 2 5 2002 COUNTY COUNSEL CLAIMANT: William Crandall MARTINEZ CALIF. ATTORNEY: DATE RECEIVED: January 24,2002 ADDRESS: 205 Marble Dr BY DELIVERY TO CLERK ON: January 24,2002 Antioch,CA 94509 BY MAIL POSTMARKED: January 22,2002 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted'claim. JOHNSWEET I! Dated: Januar 2 2002 By Deputy ``� 11. FROM: County Counsel TO: Clerk of the Beard 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 tate 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. O 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 =: &�+17,,-- ,Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six(6)months from the elate this notice was personally served or deposited in the trail 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 Byt — ". Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO fLAIM A. Claims relating to causes of action for death or for injury to person or personal property or growing crops and which accrue on or before December 31, 1987,'must be presented not later than the 1400'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. r u See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk' in stamp , r RECEIVED JAN 2.4 2002 Against the County of Contra Costa or/ari& K BOARD OF SUPERVISORS CONTRA COSTA Co. `T0 6,n 0=1 Jct " $ (�(�iA-Q=1.) 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$ 1 bo oooAndin support of this claim representsasfollows: AVO+ t-,m j 4-c� A-kt v 1. When did the damage or injury occur?(Give enact date and hour) tp ra x 9-13 -Aro u'�k I 12 - acts i 2. Where did the damage or injury occur?(Include city and county) Ce,n�r'o,.- C Cc, J`a`r k 3. How did the damage or injury 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?' e c 5. What are the names of county or district officers, s(erva/n}t/s, or employees causin/gj the damage or injury? Co f� G Cf s> i ! �,f �U 'l Yf 1�,, S/�2A 1 t`'l" 1 W Q C F /� `�1"k(V n 1`/0/&'YC-9-3 ! V r rZa,Q )r3 pOH s ,onp-t oo s 5-/6 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed, Attach two estimates for auto damage.) per"ma n� `'o v�j u y-p a o cl t��'�if��c��gra s���- -#c-� t.k.F�- a c m 9-tk K ,j 1 c.,4 m zd c�r 7. How was the amount claimed above computed?(include the estimated amount of any prospective injury or damage.) VIN fJ 11fluvi 1,4 8. Names and addresses of witnesses, doctors, and hospitals. C., 0U--J C-�r. C. Cry c" al c f( 0"J YrJs 9. List the expenditures you made on account of this accident or injury. Dom. AM Gov. Code Sec. 910.2 provides"The claim must be j SM NOTICES TO: ,(, ttomev signed by the claimant or by some person on his behalf NOTICES Name and Address of Attorney ) } (Claimant's Signature) (Address) )-.4 tj Ti C Telephone No. Telephone No. ''N1 NO'T'ICE Section 72 of the Penal trade 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 periodof 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(510,000),or by both such imprisonment and fine. o-f .._ ....... vi .:(. rr�. � _aF..__. trsS _ .._ rr .....-......... ! t m �f.s c o.c r s .Gt gScz .. ,___e� _- $Cs t1:.0 C. ___..> ._:_._�t �U t 1. t ( ._C1 dl ..--!A 5-.:_:C .rY\:.. ,.Y1.� _ ti },� . 4 Lf?_ c C ..(�A L �__. :.-Q rL�.. C va✓4C_ S fti 1i1 : ..... r .::: Yl., . . c �. . - .t 7 f..t .t 3Y? � .0 c r. . .. � ., 1 X15 t: 5. �1.. .... � — / ..... .C �.r�'1:.. +�1 ::. . '1 $_.. Y t. c�r r...,;�1.. .:........ :.c �. _ ... : ...:. O 1.G4 : .S.Ltit -0—. .. .. ni k.--i d .. [ _.. : . .. ... 1 4: c . ..... . . . t € F r , r } _ .I pa r r � ; 91, i /Y/A€ . i € .DECLARATION OF SERVICE BY MAIL I, ,+f� �-,/',i the undersigned, declare: Printed Name of`Gec;arant I am over the age of IS veers, a citizen of the United States of America, and am not a party to the cause within. lyly residence address is: CDC No. L/' - �' :`'<� s Housing San Quentin State P—rison San Quentin, CA 94974 On "Z ,,Qo , I se: ��ed the following document(s): Monthicav Year on the putties and at the addresses deli .::bed below by placing the pleadings in a sealed e vellope, with pcstage fully prepaid, and presented said item(s) to Cori-E.–',"ions Deparune :t staff fer naiiing In the United States Mail as per the rules and I-eTllatlons °'ove.,=- aoutgo'2 >e?wI load at C� QLlE':1t1I1 State Prison. ! e9F r I swear under penalty of per jury that the ore7oinz is true of my own personal ' owled e. Executed On this Q3V or 07A*ey _ — . , at San Quentin, C , Counry ai /farin. v.cnw re of ree:ara^t CLAIM , t BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD:ACTION: - ', 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 IR7.(Z1X11VT .5 915.4. Please note all "Warnings". AMOUNT: $50.00 JAN 2 5 2002 CLAIMANT: Wendy Lacy' COUNTY ATTORNEY: DATE RECEIVED: January 25, 2002 ADDRESS: 1170 Crescents Ct BY DELIVERY TO CLERK ON: January 25,2002 Lafayette, CA 94549 BY MAIL POSTMARKED: January 24,2002 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above.-noted claim. JOHN SWEEfl . Dated: January 25,2002 By: Deputy — 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors { is 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). O Other: 1 . Deputy County Counsel Dated: By: 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. �1, e r® . ' � JOHN SWEETEN, CLERK, By rR ,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 Claire to: 130ARD OF SUPERVISORS OF CONTRA COSTA COUNT INSI RUCfIONS TO CL. IrMW. A. Claims relating to causes of action for death or for injury to;,person or to per- sonal property or growing crops and vdlich accrue on or before December 31, 1987# must be presented not later than the 100th day afterthe accrual of the cause of action. Claims relating to s of.actio for.death r for Iinjuryr to person or to personal property or r ovis and u ich a6�e on car after Jant�tryr , 1988, must.be presented not-later-than six moths atter the accrual of the cause of action. Claims relating to any other cause of actionmust bepresented fnot later than One YSar after theaCOMMI of the cause of.' action. (Govt. Code 591142. B. Claims mast be ,filed with the Clerk or the Board of Supervisors at its office in Room 1.06, County Administration Building, 651 Pine Stmt, Martinez, CA 94553. C. If claim is against a district „governed by the iBoard 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 fr-audulent claims, Penal. Code Sec. 72 at the end of this form RE: Claim By } Reserved for Clerk s' f Wca } AN, 2002 Aga t' t the C5ty of Contra Costa ' } CLERK 130ARD OF TSTA VISOFIS } District) n name } The undersigned claimant'hereby makes claim against the County of Contra Costa or the above-named District in the sum of "�.�? and in support of this claim represents .as follows 1. When did the damage.or injury occur? (Give exact date and hour) /q3 /0 ?1ea,6e- b it. 1.ilrch: t cc�Awe* 1 � 2. Veer e, did the dkwige or injury coeur? (Include city and county) ..Aaw mal 5ervice�-D:Pf I'Z)U "�Z 3. How did the damage or injury occur?' (Give full. details; use extra :Paper if required) is. t S G�#t'y\ CQc rcac� ewsra '�++ azu t y cica ire s r � v r1vP> efts. cx-{~cA'1 C>4 +kYN1i"rc\-k r-JtrlCe :c eco cx --i = v� �.. r hcv 4. 'What irarti©u .ar act omission on the part of county or district officers ^ servants or.employees mused.the..injury or damage? i r (over) wnat are the names of county or district officers, servants or employees causing the ;damage or inJury? (Y)i 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto doge. 04- Aretcs f * i Y-eft i) ��� - •e. � s 66 11 veme�rcx�e� �ti� � '�� sem` 7. How was the amount claimed above computed? (Include the estimated amount' of any prospective injury or damage.) qR Zia ....__....____....._.__ _.. ._�.__:. B. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident ac ide t or injury*. DATE ITEM Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorney or some: erson on his.btalf." Kame and Address of Attorney vq- (Claimtp Si ure Address Telephone Na. Telephone No. qZS Z-q el �ta �tarE1a * NOTICE. Section72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state beard 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 eithery imprisonment in the county fail.for a period of 6t site than One.year, by a fizz: of not exceeding one -thousand ($l,n00), or by'bath such imprison, and fine;-'or'by imprisonment in; the state prison,' by a fine of not exceeding ten thousand dollars ($10,0013, or by. both suchimprison n none t and fine: MR. 00propm ta AWWAMW NAME om '00296571� WEDY RICHARD LACY 01/07/02 �18 013,0100185'. WENDY R I CHA DSON LACY 50.00 AMOUNT. Fx"TIM AVIOUN1" 8 UCy PLEASE RE iTST t Rr►'T � "1 [ALAR DIAD NEAt.'C`H 886 WENDY RICHARDSON LACY P.O amwwww 1170 CREBCXNTA CT WALMUT CRE,CA L,A�"AYETTE r CA 94849 � CWME 70 W. 0 Y*A 0 MASTOMM Q AM L_ ACCT;NiS► 004RAWN ti= BtQNAT1JFl� 0130700165 WENDY R I CHARDSON LACY 11/03,to 11/0'..x/01 11/08/01 billed Balance 887.00 12/27/01 HMO PP© CONTRACT ALLOWANCE 176.10CR 12/27/01 HM© DISCOUNT PAYMENT 360.90CR j of so 80.00-' THC BALANCE ON T1418 ACCOUNT IS YOUR RESPONSIBILITY. YOUR PAYMENT IN FULL OR A CAL..L. TO THE PATIACCOUNTINGT ACCOUNTING DEPT TO MAKE 'OTHER ARRANGEMENTS 18 APPRECIATED. THANK YOU. WENDY RICHARDSON LACY GARY OF ACCOUNTS FOR: Z912 00 BALANCE FORVOM FOR ALL ACOOUN'TS 176.10CR TOIALCHARGMAMMUSTMENM 360.90 °O.SIMMAMM R±►MNT t .t3 J MOR MED ICAL E+ENTER Vii:Ott JOHN mw1R f mT,OLN"NTH$Y8TEM .OT# WALNU rCF191K E TOTAL ACCDUNTBAI.MM 0.00 Pi FAVA Pt rfrvrr At"&"rr Nowrw xtiac e+ taet%w CLAIM �. o47BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTIONS 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 217MMIXV7.015.4. Please note all "Warnings". AMOUNT: $2.7 Million JAN 2 8 2002 COUNTY COUNSEL CLAIMANT: Jean Michaelides MARTINEZ CALIF. ATTORNEY: William J Brown III DATE RECEIVED: January 25, 2002 ADDRESS: P.O. Box 231216 BY DELIVERY TO CLERK.ON: January 25,2002 Encinitas, CA 92023 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. QJOHN SW ' Dated: January 28, 2002 By: Deputy Litt;,,I II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) "This claim complies substantially with.Sections 910 and 910.2. (,o) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( ) Other: Dated: !' "' ` ` 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: . 'v4 ' JOHN SWEETEN, CLERK., By. � � C ��—' 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: y �` ` �. ;ti -A Deputy Clerk JOHN SWEETEN, CLERK B JAN 25 3002 1 : 13 PM' FIS JAMEY OF LA 213 413 8552 T4 ADS' OAKLAND P. 02/03 LAW OMCES OF WELLIAM J. BROWN IIS P.O.Box 231216 Encinitas,CA 92023-1216 {760}942+5191 RECEIVED (760)9+42-5195 Fax January 24, 2002 JAN 2 5 2002 CLERK BOARD 6F SUP RVISORS State of California CONTRA COSTA CO. State Board of Control 630 K Street 4's Floor Sacramento,CA 95814 Clerk of the Board of Supervisors Counry of Contra Costa 651 Pine Street 1'R Floor Martinez,CA 94553-1229 City of T.a£ayette 3675 Mt Diablo Blvd., Ste 210 Lafayette,CA 9€549.1968 Re: Claim of.rean Mehaelides To'Whom It N(ay Concern: Jean Michaelides,who resides at 1063 Dolores Drive,Lafayette,CA 94549, hereby presents a government tort claim against the named individuals herein,including the State of California Ms.Miclalides,has been the victim of a conspiracy between the Chief of Police of the City ofLa&yette,Hank W. David, authorized and ratified by the city council,Ivor Samson,Carol federighi Erling Horn,Dan Twin and mayor Jay Strauss,and Donna Teutschelfor the Department of Social Services and Gayle Uilekerna of the County of Contra Costa. This conspiracy was designed to and did hound,harass,create pretexts and phony incidents whose aim was to defeat plaintiffs lawful use of her home as a cage and board home and defeat the statutory intent in allowing the existenot of these private cage facilities in residential areas. 'Ultimately,the conspiracy succeeded and Ms. Michaelides was forced to relinquish her lawful use of the premises and the license thetfor. This has cost Ms. Michaelides 5180,000.00 in yearly gross income for at least the next fifteen(15) years in a total sunt of$2.7 million Nis. Michaclides did not learn of these unlawful aims until the end of July 2001. JAN 25 2002 1 : 13 PM FR JAMEY OF Lha 213 413 6552 TO ADS OAKLAND P.03/03 01/x5!2632 li;33 6� X63 ALA14 WMIIc wsyu AZOW .` W In so acting,the above-named patties committed the following violations of the law: (1)negligent supervision of Ms. Teutschel by the Department of Social Services and the State of Calif nia;(2)intentional Inffiction of emotional dismiss by all parties; (3)intentional interrfexence with contras(4)intentional interference with prospective economic advantage;(5)negligent misrepresentation; (6)fxeud; (7)violations of Ms. michaelide a constitutional rights under the First,Fourtb,Fifkh and Fowteenth Amendments thereto to utilize her property legally and to conduct a licensed home care' facility therein;(8)invasion of privacy; (9)RICO,(10)unfair business practices under Business and Professions Code 17200et seq.;(1 I)malicious prosecution; (12)abuse of process;(13)misuse of governmental authority and-position;(I4)stalking;(15)penury; (1 i6)violation of the Health and Safety Code 1568.083'1 et seq. Plaintiff has retained William I Brown III at the above address for the governmental entities' response. iiTruly amm:.I. Brown III WJB1kb ** TOTAL PAGE.03 OFFtCE OF THE COUNTY COUNSELSILVANO B.MARCHES/ COUNTY COUNSEL COUNTY OF CONTRA COSTA Administr%ion Building y� rt `e SHARON L. ANDERSON 651 Pine Street, 91" Floor —^oa` CHIEF AssisTANT Martinez, California 94553-1229 _ � GREGORY C.HARVEY (925) 335-1800 �; a1{ 5;1. -� �' VALERIE J. RANCHE (925) 646-1078 (fax) ;$ '� AssIs7ANTs raw NOTICE OF INSUFFICIENCY AND/ NON-ACCEPTANCE OF CLAIM TO: William J. Brown III PO Box 231216 Encinitas, CA 92023-1216 RE: CLAIM OF: Jean Michaelides 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: [ ] 1. 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. [XX] 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. [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [XX] 7. Other: Please provide the date (including the day) of discovery and the circumstances surrounding the discovery. Page 1 SILVANO B.MARCHESI COUNTY COUNSEL 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: January L,2002,at Martinez,California. i r� r i 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 Amended CLAIM BOARD OF SUPERVISORS OF CONTRACOSTACOUNTY BOARD ACTION: March 26,2002 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 ID Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: 2.7 Million MAR 0 4 2002 COUNTY COUNSEL CLAIMANT: Jean Michaelides MARTINEZ,CALIF, ATTORNEY: William Brown III DATE RECEIVED: February 28,2002 ADDRESS: P.O. Box 231216 BY DELIVERY TO CLERK ON: February 28, 2002 Encinitas,CA 92023-1216 BY MAIL POSTMARKED: February` 228, 2_002 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attachedis a copy of the above-noted claim. JOHN SWEET r a Dated: March>I 2002 By: Deputy `# g _174' 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 Beard cannot act for 15 days (Section 910.$). ( Ciarn 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:Other: ! `_ ,,L 0—on e'. (Y-1C5 0c)+ } t erne— 2 C- e-2 1 - Ct 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 All <r LAW OFFICES OF WILLIAM J. BROWN III P.O. Box 231216 Encinitas,CA 92023-1216 (760)942-5191 (760)942-5195 Fax February 27,2002 State of California State Board of Control 630 K Street 4th Floor Sacramento, CA 95814 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street l"Floor Martinez, CA 94553-1229 City of Lafayette 3675 Mt. Diablo Blvd., Ste 210 , Lafayette,CA 94549-1968 4 E Wt Mp, Re: Claim of Jean Mfchaelides(As amended 2/27102) FEB 2 8 2002 COUNTY COUNSEL To Whom It May Concern: MARTINEZ,CALIF. Jean Michaelides,who resides at 1063 Dolores Drive,Lafayette,CA 94549, hereby presents a government tort claim against the named''individuals herein, including the State of California. Ms. Michaelides has been the victim of a conspiracy between the Chief of Police of the City of Lafayette,Hank W. David, authorized and ratified by the city council,Ivor Samson,Carol Federighi,Erling Horn,Dan Tatzin and mayor Jay Strauss, and Donna Teutschel for the Department of Social Services and Gayle Uilekema of the County of Contra Costa. This conspiracy was designed to and did hound,harass,create pretexts and phony incidents whose aim was to defeat plaintiff's lawful use of her home as a care and board home and defeat the statutory intent in allowing the existence of these private care facilities in residential areas. Neighbors complained to Hank W. David,the Chief of Police of the City of Lafayette about the presence of mentally disabled residents of a licensed,legally allowable care and board facility. The chief of police,authorized and ratified by the city council of Lafayette(Ivor Samson,Carol Federighi,Erling Horn,Dan Tatzin and Mayor Jay Strauss,as well as Contra Costa County Supervisor Gayle Uilekema)conspired with Donna Teutschel from the Department of Social Services and unknown others and began a campaign of harassment,stalking,creation of false incidents and daily visitation to the facility at 1063 Delores Drive,Lafayette, California 94549(claimant's home). Many of these visits were instigated by bogus complaints initiated by City of Lafayette and State of California personnel including David and Teutschel. The conspiratorial acts occurred in the City of Lafayette,the City of Martinez, the City of Sacramento and the City of Oakland This created a false paper trail designed to create a pretext for the pre-existing plan to terminate claimant's lawfully licensed use of her home, a use encouraged by public policy and statute to be placed in residential areas,even affluent areas such as the City of Lafayette, in order to offer non-institutional, non-stigmatized care for those unable to care for themselves. In so acting,Ms. Teutschel perverted her job responsibilities and thwarted the aim of the statutory scheme. After accumulating a long enough trail of bogus"incidents,"Ms. Teutschel and the Department of Social Services moved to revoke claimant's license for the Delores address with the additional threat of attempting to revoke claimant's other license. Faced with the loss of both licenses,battered by the unending harassment, and suffering financially,a compromised revocation took place on July 27,2001. When, in September,2001,claimant wrote a letter to Ms. Teutschel's superiors complaining about the illegal harassment and torture she had undergone at the hands of Teutschel and her conspirators,she was met with a response of October 18,2001 designed to lull and dissuade claimant from taking further action. As an overt act of the conspiracy,this letter falsely claimed to have conducted an investigation,which investigation determined that none of Ms. Teutschel's actions were improper,illegal, malicious or anything but within the legitimate scope of her duties. This caused a further delay in Ms. Michaelides taking action with regard to her tort caused damages. Ultimately,the conspiracy succeeded and Ms. Michaelides was forced to relinquish her lawful use of the premises and the license therfor. This has cost Ms. Michaelides$180,000.00 in yearly gross income for at least the next fifteen(15) years in a total sum of$2.7 million. Ms. Michaelides did not learn of these unlawful aims until she received an anonymous copy of a document which reveals the combination intent against her and the intent to illegally injure her and some acts taken in furtherance of that conspiracy on July 26,2001. In so acting,the above-named parties committed the following violations of the law: (1)negligent supervision of Ms. Teutschel by the Department of Social Services and the State of California;(2)intentional infliction of emotional distress by all parties; (3)intentional interference with contract; (4)intentional interference with prospective economic advantage;(5)negligent misrepresentation; (6)fraud; (7)violations of Ms. Michaelides' constitutional rights under the First,Fourth,Fifth and Fourteenth Amendments thereto to utilize her property legally and to conduct a licensed home care facility therein;(8)invasion of privacy; (9)RICO; (10)unfair business practices under Business and Professions Code 17200 et seq.; (11)malicious prosecution;(12)abase of process;(13)misuse of governmental authority and position;(1'4) stalking; (15)perjury; (16)violation of the Health and Safety Code 1568.0831 et seq. Plaintiff has retained William J. Brown III at the above address for the governmental entities' response. Please feelfree to contact the undersigned if you have any additional questions. Very Truly Your r William J. Brown III WJB1kb Enclosure CLAIM ' r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION': `', 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 ff".121t915.4. Please note all"Warnings". AMOUNT: $5,000 JAN 2 8 2002 CLAIMANT: Winnifred Graham �RTINE COUNSEL ATTORNEY: DATE RECEIVED: January 25.2042 ADDRESS: 28 Inlet Dr BY DELIVERY TO CLERK ON: January 25, 2002 Bay Point,CA 94565 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Beard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. � ,TORN SWE l �,• ��, ,.�,; e ' Dated: January 28,,2002 By: D putt'' hV II. FROM: County Counsel TO: Clerk of the Board of Supervisors (tib}'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: t'' `�f ¢.... Deputy County Counsel 111. 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:/' lCt— ": . K70- JOHN SWEETEN, CLERK By : ,t `` �'' i '—' Deputy Clerk SHARON HYMES-OFFORD OOZ Claim to: BOARD OF SUPERVISORS OF CONTRA:COSTA COUNTY JAN 2 5 Z INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of:action.; Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than'one vear 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. el 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 Cler 's)~ilD JAN 2 '� 2002 CLERK BOARD OF sUPERvisllR3 Against the Counts of Contra Costa; CONTRA COSTA CO. or District`) (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sunt of S � �' and in support of this claim represents as follows: 1. When did the damage or injure occur" Give exact nate and Hour 5t - - - 1 _�`�� - ------------- ------- - --- 2. Where dill the damage or injury occur" (Include City and County) 11Al2Tr4451-7- e aO,7W-0 JS 45- _ _ eon cryr . ------------------------------------ U&IOV71R 3. How did the damage or i jury occur' (Give ft;Pfaits:use� aper i�4uire >,4 e A ;7— fi r'p o� ��� , 'tom '7/1:x'f• 6 �i r r�3 c T � S"'r/A�• 'c' /mss` 74A467-41 A&)e 4. What parucular.act or,omission on the part of county or district officers, servants, or employees caused the injury or damage? / ,6 . cry . s J7 71 e el•va /,4/ r � 5 Tusk (Over) -ant, pur wamuosuduuu Bans gloq nq ao '( 000`olS) s.IailoP Put'snogl ual tinpoaaza ioujo aug a ,:q 'uosud aims aq; ui ivauiuosuduut :iq io°auk pcm luaauuosl udcut q-ans gxoq +q to`( 000`I ) s.uuIlop pursnolp auo gulpaaaza xou}o auk a Sq °Lean auo uv a uoiru jou;o pogad a .iol Ire!Siunoa ami u wauuuosuiduir nq t;)Ipp algvgsmnd si'auppAi Lo 'zaganon�unoaae pq -uirela j ainpneil.m asiul nue °aulnua;3l aures aq!nud.Lo itoliu ox pozuaoginyg LuaaWo.10 pieoq io =49 .i4unw nut=, of ao'.IaaU;o so pivoq alms :rue w ivawi rd jo}ao amwieolle iol sluasaid kpnvi ap of ivaiui q#ini,•og.%uouad cj-2A3,, :sapcioad apo Iuacl aq;3o-4 uop-ja �DIION -oN, auogdalaL .off,auogdala,i, ssauPPF) (axnlruai s jur tr ) VIV 'i3tuouv 3o ssa. pp pur atue_ ..3le laq stq uo uosaad auuas. q io (:�awoub) :0,L SaDIZON U&3S iiueuiinia aqi q Pau is aq Isnui InIrp agsr :saPt.ioad'ot(.-JaS apo,D ',',00 L4,l�I F Wall 3:tva t��'�,^` :.unfui.Lo tuappn sign,lo iunoaae caro ap gi non sa vaipuadza alp Lsl� .6 4(2 ef •siealdsoq pue 's iolaop'sassauti.0 Ja sassa.ippr. Pur. satursj g ------------------------------------------- ( a euzep so. xn[ut a�u�ads�ud.sue�o xunnu paaeucnsaapn{au[) ;painduuoa lunovat patucela;;aAoge age Se.4� taj aaieumca Oml oe'av 'pauq�,saoe.Vep 10 sarsafut}a tualxa tpv,, ,palinsac MMI .non Op Sai,infui 10�:5`cieghcl 9 - -- - ----------------- ------- ------ �narnful.xo a�euuep agi:�rxisnea saanoidiva.Lo�s#Lie.ixa5'sxaai�o iaulsiP.Lo nlunoa�o sacut:u aqi axe xuq� 'S OFFICE OF THE COUNTY COUNSEL �,...... 51LVANo B.MARCHESI COUNTY t71 C)NTRA COSTA COUNTY COUNSEL Administration Building 651 Pine Street,91" SHARON L. ANDERSON Fioafi «%ts *� CHIEF AssmAw Martinez, California 94553-1229 �, —t+ illli� ," GREGORY C.HARVEY (925) 335'1$00 VALERIE J. RANtHE (925) 646-1478 {fax) " t3 ASSISTANTS �' r4 r� r January 28,2002 AW Im %WOPY ' Winnifred Graham 28 Inlet Drive Bay Point, CA 94565 Re: Government Tort Claire of Winnifred Graham Dear Ms. Graham: We are in receipt of your government tort claim,and it is being processed. If your intent was to file a claim against the Superior Court of California or one of its employees,please be aware that the Contra Costa County Clerk of the Board is not the proper entity to serve. Any claims against the court oris employees should be directed to: The Superior Court Executive Office 649 Main Street, Suite 103 Martinez, California'94553 Attn: Superior Court'Executive Officer Thank you for your attention to this matter. Very truly yours, SILVANO B. MARCHESI COUNTY COUNSEL By: Monika L. Cooper Deputy County Counsel cc: Ken Torre 1AT0it'21R.ISK-MGT%CLA1MS\,Superior court GlaimsiGrsham.wpd CLAIM BOARD OF SUPERVISORS OF CON'T'RA COSTA COUNTY BOARD ACTION: Feb 26, 2802 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 1RX(.r,=11W1jM 915.4. Please note all"'Warnings". AMOUNT: $2,028.70 itN 22002 00UNTY€OUNSOL CLAIMANT: Stephen Gause MARTMU Off, ATTORNEY: DATE RECEIVED: January 29,2002 ADDRESS: 977 Hawthorn Dr BY DELIVERY TO CLERK ON: January 29, 2002 Lafayette,CA 94553 BY MAIL POSTMARKED:Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a:copy of the above-noted claim. JOHN SWEETS Dated: January 29 2002 By: Deputy " II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( r ° 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: 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 r i �"` ,Deputy Clerk WARNING (Gov. code section 913) Subject to certain exce tions, 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 depositedinthe 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` / r--- Deputy Clerk 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 100t`' 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. H Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the Districtshould 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 earl of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp RECEIVED Against the Counts of'Contra Costa JAN 2 92002 or CLERK BOARD 0 RS RA COSTA CO. 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$ 2-, 0 2 S,?Qnd in support of this claim represents as follows: 1. When did the damage or injury occur? Give exact Date and Hour) �Gt�v+�lr� , .1 r.+,y► t -7 �,.t,�ID"�- ,� �'S v+v ct.•'�'t -- --- ------ �- - ---------------------------------------- 2 Where did the damage or injury occur:' (lnciude City and County) Sw�•fin- _1�t y�q .J' t 01-e iritis` � "kt - -tr-------------- 3. How dill the damabe or in jury occur? (Give full details- -e extra paper if required - 1..- t,,►a,S / 44A t j ,C• / L �r py .r,rc..., HILAl J'Yi G✓ ►- 1b f, t l+ i L�+�r� fi.t �tf- AA- - --- - -- --------------------------------------- 4. WIfat paMcular act or'omission on the part of county-or district officers, servants, or employees caused the injury or damage? 1 - ,}- FIXt` &,,qac • x r.�►t7 r", l� ae i p a t r✓1"' �Gy��-t' f " �c (Over) -aug pue jumuosildmi Bans gioq Cq.co `( 000`olS) sxgIIDP pursnogi uai nuipao-na jou jo atiU r Sq{uosud aims acp ui ivamnosudmy 1q io'auU pure laauruostidun gans gioq nq io`( oofl`IS) saellop punsnogl auo luipaxma iou jo aui3 a Sq auo uvql a rola IOU}o porsad it ao; Iref aiunoa agi ui ivauruosi rdmr ►q lagl a;;Igrgsiund sr lunum io l.taganon`iunoin `Iliq Iturup ivalnpnn.j xo aslej.iur �auinuay,II avers ag1 Sud so mage oi'pazuoglne `la:)Wo 3o paroq 13pislp to :iit �.iiunoz .iur 01 xo`xaaWo.Io p rnaq anis <iur of ivaut�ied ro;ao a5un..+oile iol sivasa.rd farm r;ap of ivalar giva i0gm uosiad n iana„ :sapywid apo Iniad ally j0 -L uouaaS 3o �so .� 'oh auogdalal •oh auagdalay V2 O (ssa.IPPF) {a.1 mnuaiS s lururirlD) I tauaoilV jo ssa ipp pur, aauE_tJ jiugaq sig uo uosaad auros.iq so (:iau.zouv) :OL SaDii N aNas 1uriump aip iq paut!s aq isnru tuw..I aq.L„ :sapt.toxd ZOIC -3;)S;)POD •OO Wall alya aA ? '; ' :,-:jnfui to ivapf ian sigi jo iunoaan uo apium not sa Iluipuadga agi isi'I '6 •sin tdsoq pue 's iolaop'sassauit:x io sassa.rppp Pursatyr.r; g (a3 usp to.0—nfuj anuaaitsbao.iue jo iunbum pat"uc atp aPnPuI) palntl[Itt7�"1�n01tln paT(YIeI�aAOQE ag1 SE.41.i fig ------------- _r 6f!` �. 4/�}/ V V V l}•.i. �•5�B1ifEp OjnB ao�sa�sucgso ohu yaeo 'pawm(a sa`omzp so saunfrn jo lualxa gsy an4q) 4pagnsal-I mi? non op sacznfur-o sa n�li'€epi"n � s - --------------- ------------ - -- -- -----? �_ LS infut ao a2nulnp aq;2utsnea saaeoldura so 4SltmAlas°s la:)Wo 1ai.Ilslp.Io ilun0a,lo saureu aip a.m lrgM S Date: 1/28/02 09:19 AM Estimate ID. 3757 Estimate Version: 0 Preliminary Profile ID: LAB LAFAYETTE AUTO BODY, INC. 3291 Mt.Diablo Blvd.Lafayette,CA 94549 (925)283-3421 Fax: (925)283-3579 Damage Assessed By: RANDY SANDUN Deductible: UNKNOWN Insured: STEVE CAUSE Address: 977 HAWTHORN DR LAFAYETTE,CA 94549 Telephone: Work Phone: (925)646-2614 Home Phone: (925)299-8717 Mitchell Service: 910373 Description: 1986 Volvo 240 DL Vehicle Production Date: 11/85 Body Style: 4D Wgn Drive Train: 2.31-Inj 4 Cyl 4A VIN: YVIAX885061679460 License: 1RBP891 CA Mileage: 174,814 OEM/ALT: O Search Code: None Color: TAN Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 023870 BDY REPAIR L QUARTER OUTER PANEL Existing 10.0*# 2 AUTO REF REFINISH L QUARTER PANEL OUTSIDE C 2.4 3 024480 BDY REMOVE/REPLACE L UPR QUARTER PROTECT MOULDING 1255959-7 65.37 0.3 4 028470 BDY REPAIR REAR BODY PANEL Existing 1.5*# 5 AUTO REF REFINISH REAR BODY PANEL C 1.6 6 029290 BDY REMOVE/REPLACE L COMBINATION LAMP ASSEMBLY 13724414 153.00 0.2 # 7 AUTO BDY OVERHAUL REAR COVER ASSY 1.5 8 030130 BDY REMOVE/REPLACE REAR BUMPER COVER 1312903-6 195.00 INC 9 030170 BDY REMOVE/REPLACE REAR CTR BUMPER COVER MLDG 1312910-1 130.00 INC 10 030220 BDY REMOVEIREPLACE L REAR OTR BUMPER COVER MLDG 1312911-9 105.00 INC 11 900500 BDY* ADD'L LABOR OP TINT COLOR Existing 0.5* 12 900500 REF* ADD'L LABOR OP COVER VEHICLE Sublet 5.00* 0.2* 13 AUTO REF ADD'L OPR CLEAR COAT 1.3 14 AUTO ADD'L COST PAINTIMATERIALS 137.50* 15 AUTO ADD'L COST HAZARDOUS WASTE DISPOSAL 3.00* *-Judgement item #-Labor Nate Applies C-Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 1/28/02 09:09:54 3757 UltraMate is a Trademark of Mitchell International Mitchell Data Version: JAN 02_A Copyright(C)1994-2000 Mitchell International Page 1 of 2 UltraMate Version: 4.7.007 All Rights Reserved Date: 1/28102 09:19 AM Estimate 1D: 3757 Estimate Version: 0 Preliminary Profile ID: LAB Add'I Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals ll. Part Replacement Summary Amount Body 14.0 60.00 0.00 0.00 840.00 T Taxable Parts 648:37 Refinish 5.5 60.00 0.00 5.00 335.00 T Sales Tax @ 8.250% 53.49 Taxable Labor 1,175.00 Total Replacement Parts Amount 701.86 Labor Summary 19.5 1,175.00 III. Additional Casts Amount IV. Adjustments Amount Taxable Costs 137.50 Customer Responsibility 0.00 Sales Tax @ 8.250% 11.34 Non-Taxable Costs 3.00 Total Additional Costs 151.84 I. Total Labor: 1,175.00 II. Total Replacement Parts: 701.86 III. Total Additional Costs: 151.84 Gross Total: 2,028.70 IV. Total Adjustments: 0.00 Net Total: 2,028.70 This is a Preliminary estimate. A Oftionai changes to the estimate may be required for the actual repair. This estimate is based on current parts prices and labor rate which are subject to change at a later date. This estimate does not include repair costs of any hidden damage found on tear-down. LAFAYETTE AUTO BODY, INC. agrees to perform repairs which serve to restore the damaged vehicle to its pre-loss conditon relative to safety, function and appearance and further agrees to warranty workmanship, including refinishing, in writing for period of not less than one (1) year from the date of completion of repairs. ESTIMATE RECALL NUMEkER: 1/28/02 09:09:54 3757 UltraMate is a Trademark of Mitchell International Mitchell Data Version: JAN`02 A Copyright(C)1994-2000 Mitchell International Page 2 of 2 UltraMate Version: 4.7.007 Ail Rights Reserved 01/24/2002 at 02:48 PM Job Number: 21975 MARTMZ AUTO BODY SHOP Federal ID #:942574428 615 ALHAMBRA AVE MARTINEZ, CA 94553 (925)228-3689 Fax: (925) 372-6546 PRELIMINARY ESTIMATE Written by: KELLY SHAVER # Adjuster: Insured: STEVE CAUSE Claim # Owner: STEVE GAUSE Policy # Address: 977 HAWTHORN DRIVE Deductible': LAFAYETTE, CA 94553 Date of Lass Day: (925)299-8717 Type of Lass: Point of Impact: 7. Left Rear Inspect MARTINEZ AUTO BODY SHOP Business: (925)`228-3689 Location: 615 ALHAMBRA AVE MARTINEZ, CA 94553 Insurance Company: Days to Repair 1986 VOLV 245 DL 4-2.3L-FI 4D WGN TAN Int: VIN: YVlAX8850G1679460 Lie: 1RBP891 CA Prod Date: Odometer: Air Conditioning Rear Defogger Intermittent Wipers Rear Window Wiper Tinted Glass Body Side Moldings Fog Lamps Clear Coat Paint Power Steering Power Brakes Power Locks AM Radio FM Radio Stereo 4 Wheel Disc Brakes Automatic Transmission Overdrive 1 01/24/2002 at 02:48 PM Job Dumber: 21975 PREL=NARY ESTn&TE 1986 VOLV 245 DL 4-2.3L-FI 4D WGN TAN Inst: ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 QUARTER PANEL 2 Repl LT Outer panel 1 572.00 12.0 3.0 3 Add for Clear Coat 1.2 4 Rept LT Side molding upper, chrome 1 65.37 0.2 wide 5 Drill Time (New Panel) 0.2 6 Repl LT Reveal molding black lower 1 59.08 Incl. 7 R&I LT Glass tinted Incl. 8 REAR LAMPS 9 Repl LT Tail lamp assy 1 153.00 Incl. 10 REAR BUMPER 11 O'1H rear bumper 1.5 12 Deduct for Rear Bumper R&I -0.5 13* Repl Outer cover 1 195.00 Incl, 0T0 14 Repl Center molding wagon bright 1 137.00 Incl. 15 Repl LT Outer molding wagon bright 1 101.00 Incl. 16 STRIPE TAPE 17 Repl LT Stripe kit at belt 1 130.00 0.3 18 ROOF & BACK GLASS 19 R&I Cover chrome rear 0.2 20'# Repl COVER CAR 1 5.00- T 0.1 21# Repl CORROSION PROTECTION 1 5.00 T 0.3 22# Subl HAZ WASTE DISP. EPA#98490$202 1 5.00 X 23# Rpr TINT FOR PANEL MATCH NO BLEND 1.0 24'# Rpr TEAR DOWN REQUIRED 25# ADDITIONAL DAMAGE POSSIBLE 1 ------------------------------------------------------------------------------- Subtotals __> 1427.45 15.3 4.2 2 01/24/2002 at 02:48 PM Job Number: 21975 PRELIlaNMY ESTn&TE 1986 VOLV 245 DL 4-2.3L-FI 4D WGN TAN Int: ------------------------------------------------------------------------------- Estimate Notes: UNABLE TO BLEND ADJACENT PANELS DUE TO PAINT CONDITION Parts 1412.45 Body Labor 15.3 hrs @ $ 64.00/hr 979.20 Paint Labor 4.2 hrs @ $ 64.00/hr 268.80 Paint Supplies 4.2 hrs @ $ 26.00/hr 109.20 Sublet/Misc. 15.00 ---------------------------------------------------- SUBTOTAL $ 2784.65 Sales Tax $ 1531.65 @ 8.2500% 126.36 ---------------------------------------------------- GRAND TOTAL $ 2911.01 ADJUSTMENTS: Deductible 0.00 ---------------------------------------------------- CUSTOMER PAY $ 0.00 INSURANCE PAY $ 2911.01 THIS ESTIMATE MAY BE SUBJECT TO APPLICABLE DEDUCTIBLE. UNDER CALIFORNIA CODE OF REGULATIONS, TITLE 10, CHAPTER R, SUBCHAPTER 8, SECTION 2695.8.D.2.C, YOU ARE ADVISED, THAT YOU HAVE THE RIGHT TO HAVE ANY REPAIR FACILITY OF YOUR CHOICE TO DO THE REPAIRS TO YOUR VEHICLE. HOWEVER, YOUR INSURANCE COMPANY CAN REASONABLY ADJUST ANY WRITTEN ESTIMATES PREPARED BY THE REPAIR SHOP OF YOUR CHOICE. IF YOU CHOOSE TO USE AS REPAIR FACILITY SUGGESTED BY YOUR INSURANCE COMPANY,' THEY WILL GUARANTEE THE DAMAGED VEHICLE TO BE RESTORED TO ITS PRE-LOSS CONDITION AT NO COST TO YOU OTHER THAN AS STATED IN THE POLICY (I.E. POLICY LIMITS OR DEDUCTIBLE OR ALLOWABLE DEPRECIATION. 3 41/24/2002 at 02:48 PM Job Number: 21975 PRZLnaNMY ESTn&TE 1986 VOLV 245 DL 4-2.3L-FI 4D WGN TAN Int: Estimate based on MOTOR CRASHESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide EEN97'04 Database Date 7/2000 and the 'parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. Asterisk ('*) or Double Asterisk (*'*) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Non-Original Equipment Manufacturer aftermarket parts are described as AM or Qual Repl Parts. Used parts are described as LKQ,' Qual.Recy Parts, ROY, or USED. Reconditioned parts are described as 'Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided from National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual entries. Pathways - A product of CCC Information Services Inc. 4 STATE OF CAIJIFORNIA d oEEA17TIN7 ���AY PA''r'RC#I. 0 cls s*I (Rlrlir. ). 1 `. Qdglnat to Officer;oppy(tea)to invoheed Patly(Jes) cPEcaAL caNpm Na CITY ,' . JUDICIAL O*MICT NUMUR r 'Z p ' REPORTING DISTAKM SEAT WORTWO OFFICER C0LL ton 0C0LMEnCNM('!. wY YEAR '1[IME(2soCtf NCIO ZZ WMER P.D. Lb 1 17 lux CZA 41 AT INTERSEMON WIM DAY OF WEEK TOW AWAY. STATE p OMW RELA'MD Or Fo"I s � 1 �" � © Yea;Q.N© � Yea Cwt No sLtCENSENfkMMER �xTB= uas 3MTTY110uI SHADE (ALLIED AGENCYUSE:ONLY) DAMAGED R6port taken Cg Yes Q Na DPW uafe`OMT AffiXX ,LAS-a AREA Exchange of information.Q Yes No sm eiR `. t{ INDICATE { 6 x E osk.TRAVEI cw OR NAY d t J s NORTH PARTY r 4. O VEH.MBAR #. �CCE.OlI,! LICEtisE sTA3'E'. ; ` � t DRIV✓ L1� WAIT. CAAes $ SHADE ,r,M rrl pP� mum NAtxl�:(mst IN ijd ff PK VW SEX SIR7}B�ATE Ch ER Y NUM6ER - s 81 DIA.TRAVEL ON STREET OR NO M Y -, BPE ClI.IMIT ', � PARTY i 07•',{ER VW,YEAR MAKE J Mt3D�C! Ort-, L[CEIIISE NUMBER SLATE 2 t WIT. It#CI^ AGE SEX h AME AIXIREBS PHONE NUMBER PARTY NO. AGE 8EX NAME A€7ORESS PHONE NUMBER PARTY NO. j PRi : ADD -0 El DAMAGECI PRtOp TY IMPORTANT*lea CAREFULLY I Keep this report: This'.is your°.record of this accident To comply Sivith Califomia Vehicle Code(VC)Section 20002(duty Whilre oroperty damsgm*,you rritast either: 3. Give the owner or person in'charg of such property the name and address of the driver and owner of the vehicle; or in the absence of the owner, Leave a written notice in.a conspicuous place on the other vehicle or damaged property,giving the name and address of the driver and owner of`tlte vehicle involved and a statement tete circumstances. "his information.is necessary for the completion of your state SWI Form, Report of Traffic Accident, and your insurance report. /EHICLE CODE SECTION '16000 -he driver of a vehicle involved to an accident resu ing in darnag 1b the property of any ONE.party in excess of$500 or in the jury or death of any person MUST submit a SRA Form to the California Clepertment of Motor Vehicles within 10 days, or as son as possible. I tote: Failure to comply may result in suspension of your drry s license. corm SR-1 may be obtained"fr`dm the rDepartment cif Motor 1fe f the California Highway Patrol, any police station, motor U ehicle club, insurance agent,or iMV internet w+ b'site(SR t� `r city or state property is damaged,you will be contacted r :"pc ssibie liability, aw enforcement reports do not satisfy the DMV report requirempht.