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HomeMy WebLinkAboutMINUTES - 12022003 - C42 CLAIIYI BOARD OF SUPERVISORS OF CONTRA COS'T'A COUNTY BOARD A+CTIOI Q= 2003 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 Cade Section 913 and ' 915.4. Please note all "Warnings". AMOUNT: $2000.00 , CLAIMANT: DIANA GRIFFIN , ATTORNEY: UNKNOWN DATE RECEIVED: OCTOBER 20= 2003 ADDRESS: 241 SO. 2nd STREET, BY DELIVERY TO CLERK ON: OCTOBER 20 2003 RICHMOND, CA 94804 BY MAIL POSTMARKED: OCTOBER 17, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE EN, 1 rk Dated: OCTOBER 20 2003 By: Deputy.. . . II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { } Other: Dated: LaWj 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 Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING{Gov, code section 91 } Subject W certain exceptions,you have only six(6) months from the date this notice was personally served or depositec in the mull 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,4e,' --6Z . 620JOHN SWEETEN, CLERK By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CDNTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action Claims relating to causes of action for death or for injury to person or to personal property or ,growing crops and Mich accrue on or.lafter January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the hoard of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, :separate claims must be filed against each public entity. E. ' Fraud. See penalty for fraudulent claims, Penal Code See. 72 at the end of this farm. RE: Claim By ) deserved f erk's fi ' p f a 0 C I �; 3 Against the County of Contra Costa ) CLERK' �: tijE�tRs or CONTRA COSTA CEJ, 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' t3 d t) and in support of this claim represents as follows: 1.. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 7.11 3. How did the damage or injury occur? (Give full details; use extra paper if required) 1- �,/ ,/ ..._. . G�� ,%,rte 4!C C R 1 4. What particular act or omission on the par of county or district officers, servants or.employees caused. the injury or damage? .' '�'W wriat are the names of county or district officers, servants, or employees causing the damage or injury? ` 2 � - - -��'- ' . What damage or injuries do you claim resulted? (Give full extentof injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 77 B. Names and addresses witnesses t doctors and hospitals. Al 9. List the expenditureyou made on account of this accident or injury: AMOUNT DATE Gov. Code Sec. '910:2 provides: rThe claim must be signed by the claimant SEND NOTICES TO: (Attorney) or bv some IDarson on his .half." Name ET Address of Attorney Clat' gnature tl�dtir'ess �`'?/�`Cr 7 Telephone NoTelephone No. N b T I C E Section 72 of the Penal Code provides: person who, with intent to defraud, presents for allowance or for "Every P cit or district board or payment to any state board or officer, or ifYgenuine, any false or fraudulent officer, authorized to allow or payent in claim, bill, account, voucher, or writing, is punishable eitherbyof noisorimeeding the county jail for a period of not more than one-year, by a fineone thousand ($1,000): ar by both such imprisonment and fidollars ($impri0�,no n in the state prison, by a fine of not exceeding ten thousand both such imprisonment and fine. FF 4 i L Li b w z ...1.11.1 _. ....... ......... ......... ....._... .....__.. ......... ....11.11. ........ ............._.....__..........................._... ......_.. ............ ....._..... ......... .._....... ...._.._._.._._.. . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD A:CTIONPEMSER 02, 2003 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". n>U$'. ; AMOUNT: $1,000,000.q0 CLAIMANT: TODD MIMAM BILLECI ATTORNEY: MICHAEL J. TREZZA DATE RECEIVED: OCTOBER 21, 2003 ADDRESS: TREZZA, ITHURBURN, BY.DELIVERY TO CLERK ON: OCTOBER 21, 2003 STEIDLMAYER & ITHURBURN 506 SECOND STREET, BY MAIL POSTMARKED: OCTOBER 20 2003 YUBA CITE', CA 95991 ? FROM: Cleric ofthe Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEEP Dated: OCTOBER 21, 2003 By: Deputy__. II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. r ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) 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: �y /r d } L' r✓ � �1 S By,'" 1 Deputy County Counsel III. FROM: Cleric 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�p certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the m fil 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: + LO-3 JOHN SWEETEN, CLERK By 1. a Deputy Clerk OC T 2 1. 2003 CL fir{% E fAC01. In the Muter of the Clain of } TODD MICHAEL BILLECI, ) CLAIM FOR PERSONAL INJURIES 3 Vs. } } STATE OF CALIFORNIA, CONTRA ) COSTA COUNTY, CITY OF PITTSBURG ) } TO THE STATE BOARD OF CONTROL, THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, AND CITY COUNCIL, CITY OF PITTSBURG. 1. You are hereby notified that TODD MICHAEL BILLECI, whose address is 631 Maureen Lane, Pleasant Hill, California 94523, claims damages from the County of Contra Costa and City of Pittsburg in the amount, computed as of the date of presentation of this claim, in excess of $1,000,000.00. 2. This claim is based on personal injuries and other damages caused by the County of Contra Costa and City of Pittsburg as follows; On May, 19, 2003, claimant pled no contest to a misdemeanor charge of violation of Health and Safety Code Section 11550(a) and was ordered by the Contra Costa Superior Court to appear on June 5, 2003, for sentencing. On May 22, 2003, the Contra Costa County Superior Court mistakenly issued a bench warrant for claimant for failure to appear. On June 1, 2003, claimant's mother Christina Billeci, spoke by telephone with her mother (claimant's grandmother)Rose Hankins. Ms. Hankins resides in Pittsburg and claimant was 1 Claim for Damages temporarily staying at his grandmother's home. During the telephone conversation Ms. Hankin indicated that the Pittsburg Police Department was looking for claimant. On June 1, 2003 Ms. Billeci left a telephone message with claimant that the Pittsburg Police Department was looking for him. The police department falsely told both Ms. Hankin and Ms. Billeci that they had claimant's wallet which they wished to return. On June 2, 2003, claimant was working for Dow Chemical in Pittsburg. On his lunch break he contacted the Pittsburg Police Department in response to their calls regarding the wallet they supposedly wanted to return. When claimant indicated he had not last a wallet the officer stated it wasn't a wallet but a"bag" they wished to return. Claimant agreed to meet the officer at his place of employment. At approximately 1:00 p.m. on June 2, 2003, claimant was arrested by two officer of the Pittsburg Police Department, Claimant was arrested at his place of employment in full view of several co-employees. Claimant was informed there was a warrant for his arrest for failure to appear, and he was cuffed, placed in a patrol car and transported to the Pittsburg Police Department. Claimant was then transferred to the Martinez Detention Facility. At the detention facility claimant was searched, photographed, and placed into a general holding cell. In the cell there was no where to sit except the floor which contained urine and other bodily fluids. At approximately 2:00 p.m. on June 2, 2403, claimant was stripped and his anus and testicles were searched. Claimant was then placed in orange clothing and placed into a cell occupied by an obviously mentally disturbed male who never stopped talking. At approximately 1:30 p.m. on lune 2, 2003, claimant contacted his mother, Christina Billeci and informed her he had been mistakenly arrested. Ms. Billeci unsuccessfully attempted to persuade 2 Claim for Damages the police a mistake had been made. At approximately 4:00 p.m., Jesse Santana, Mr. Billeci's attorney, contacted the Contra Costa County Superior Court to inform there of the mistakenly issued arrest warrant. Judge Cheryl Mills called the matter after the clerk confirmed an error had been made, and Judge Mills ordered the bench warrant recalled and claimant released forthwith. (Attached to this claire as Exhibit"A" is a copy of the minute order of these proceedings including Judge Mills' order to release claimant immediately.) Judge Mills' order was faxed to the Martinez Detention Facility at 4:48 p.m. on June 2, 2003. Despite the foregoing claimant remained in jail. At approximately 7:00 p.m. on June 2, 2003, Ms. Billeci contacted the Martinez Detention Facility to see if claimant was still being detained. She was informed claimant was still being held, and she informed them of Judge Mills' order to release claimant and asked they check the faxes received that day. The employee Ms. Billeci spoke to ridiculed her and stated they get a lot of faxes and wouldn't be able to check until the next morning. On June 3, 2003, Ms. Billeci drove from Marysville to the Contra Costa County Clerk's office and requested the file and informed court personnel that claimant was continuing to be held. At 7:10 a.m. the order to release claimant was again faxed to the Martinez Detention Facility. In spite of this claimant was placed in a holding cell, told to prepare for court and not released until approximately 2:00 p.m. 3. All of the foregoing actions taken by the State of California, and its employees, Contra Costa County and its employees, City of Pittsburg and its employees, and the Martinez Detention Facility, and its employees, give rise to causes of action for negligence, negligent infliction of 3 Nairn for Damages emotional distress, intentional infliction of emotional distress, false imprisonment, wrongful confinement, unnecessary delay in releasing claimant, and deprivation of civil rights under calor of law. 4. As a direct and proximate result of the action described above, claimant has suffered, is suffering, and will continue to suffer in the future, pain, suffering, humiliation, embarrassment, harm to reputation, emotional distress, mental anguish, and loss of wages and future wage loss and loss of earning capacity. S. The amount claimed as of the date of presentation of this claim is computed as follows: a. fast and future medical/psychological expenses: unknown; b. Fast wage loss: approximately $20,000.00; c. Future wage loss: according to proof, d. General damages for pain, suffering, mental and emotional distress, anguish, embarrassment, humiliation and loss of reputation: $1,000,000.00. 6. The total amount claimed as of date of presentation of this claim is in excess of $1,000,000.00. 7. Litigation will follow if this matter is not resolved. 8. Jurisdiction of this claim would rest in the Superior Court, unlimited civil action. 9. All notices, or other communications regarding that claim should be sent to the Law Office of Trezza, Ithurburn, Steidlmayer& Ithurburn. DATED: MIC ZA Attorn y fa laimant 4 Claim for Damages LAW OFFICES TREZZA,ITHURBURN, STE,IULMAYE;R&ITHURBURN P. DRAWER s 546 SECOND STREET A PROFESSIONAL CORPORATION YUBA CITY,CALIFORNIA 95991 JOHN F.TREZ7A TELEPHONE(534)673-5637 FRET]B.ITHURBURN MART.G.STEIDLMAYER BERTRANr)F.ITI-IMBURN MICHAEL I.TREZZA JEANETTE L.rI°HMURN October 20, 2003 Contra Costa -Board of Supervisor 651 Pine Street, 9`I'Floor Martinez, CA 94553 IRE: Claim Farm :Dear Sir or Madam: Enclosed is an original and one copy of the Claim. Please stamp received and return the copy in the pre-addressed stamped envelope provided. Thank you for your cooperation in this matter. Should you have any questions,please call our office directly. truly yours, SSICA M. C:ASTANIEDA etary to MICHAEL 1. TREZZA, Esq. enclosures J Al c> C1. LJ L v- 0 O O LL M 00) m -.; ,? r tU Q? O � F 04 z d Ln py p w < v Ho ma Q Z d1: o < 04z ° u 3 w 00 W <C m d N d tr- Lq w , V) u c� -a o < F d >. V) Office . ounty Counsel Contra Costa County 651 Pine: bireet, 9th Floor Phone: 335-1800 Martinez, CA 94553 Fax:646-1078 CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION Date: October 21, 2003 To: Clerk of the Board of Supervisors From: Silvano B. Marchesi, County Counsel ;F . By: Gregory C. Harvey, Assistant County Counsel Subj: Claim of Todd Michael Billeci The attached claim for Todd Michael Billeci was mistakenly mailed to the County Counsel's Office. We are forwarding the claim to you for handling in the usual manner. cc: Risk Management EO C,T12 1 0 03 1� Ie CLERK BOARD, GCPd s Rn CUA t=a,��. CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION LAW OFFICES TREZZA,ITHURBURN, STEIDLMAYER&ITHURBURN P.O.DRAWER S S S06 SECOND STREET A PROFESSIONAL CORPORATION YUBA CITY,CALIFORNIA 95991 JOHN r.TREZZA TELEPHONE(530)673-5637 FRED B.ITHURBURN MARK 0.STEIDLMAYER BERTRAND F.ITHURBURN MICHAEL I.TR.EZZA JEANETTE L.ITHURBURN October 20, 2003 Contra Costa- County Counsel 651 Pine Street, Vh Floor Martinez, CA 94553 RE: Claim Form Dear Sir or Madam: Enclosed is an original and one copy of the Claim. Please stamp received and return the copy in the pre-addressed stamped envelope provided. Thank you for your cooperation in this matter. Should you have any questions, please call our office directly. 'betty t y yours, f J ICA M. CAS DA '._�Iecre to MICHAEL J. TREZZA, Esq. f� enclosures In the Matter of the Claim of ) TODD MICHAEL BILLECI, } CLAIM FOR PERSONAL INJURIES VS. ) STATE OF CALIFORNIA, CONTRA ) COSTA COUNTY, CITY OF PITTSBURG ) 3 TO THE STATE BOARD OF CONTROL, THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, AND CITY COUNCIL, CITY OF PITTSBURG. 1. You are hereby notified that TODD MICHAEL BILLECI, whose address is 631 Maureen Lane, Pleasant Hill, California 94523, claims damages from the County of Contra Costa and City of Pittsburg in the amount, computed as of the date of presentation of this claim, in excess of $1,000,000.00. 2. This claim is based on personal injuries and other damages caused by the County of Contra Costa and City of Pittsburg as follows. Can May, 19, 2003, claimant pled no contest to a misdemeanor charge of violation of Health and Safety Code Section 11550(a) and was ordered by the Contra Costa,Superior Court to appear on June 5, 2003, for sentencing. On May 22, 2003, the Contra Costa County Superior Court mistakenly issued a bench warrant for claimant for failure to appear. On June 1, 2003, claimant's mother Christina Billeci, spoke by telephone with her mother (claimant's grandmother)Rose Hankins. Ms. Hankins resides in Pittsburg and claimant was 1 Claim for Damages temporarily staying at his grandmother's home. During the telephone conversation Ms. Hankin indicated that the Pittsburg Police Department was looking for claimant. On June 1, 2003 Ms. Billeci left a telephone message with claimant that the Pittsburg Police Department was looking for him. The police department falsely told both Ms. Hankin and Ms. Billeci that they had claimant's wallet which they wished to return. On June 2, 2003, claimant was working for Dow Chemical in Pittsburg. On his lunch break he contacted the Pittsburg Police Department in response to their calls regarding the wallet they supposedly wanted to return. When claimant indicated he had not lost a wallet the officer stated it wasn't a wallet but a"bag" they wished to return. Claimant agreed to meet the officer at his place of employment. At approximately 1:00 p.m. on June 2, 2003, claimant was arrested by two officer of the Pittsburg Police Department. Claimant was arrested at his place of employment in full view of several co-employees. Claimant was informed there was a warrant for his arrest for failure to appear, and he was cuffed, placed in a patrol car and transported to the Pittsburg Police Department. Claimant was then transferred to the Martinez Detention Facility. At the detention facility claimant was searched, photographed, and placed into a general holding cell. In the cell there was no where to sit except the floor which contained urine and other bodily fluids. At approximately 2:00 p.m. on June 2, 2003, claimant was stripped and his anus and testicles were searched. Claimant was then placed in orange clothing and placed into a cell occupied by an obviously mentally disturbed male who never stopped talking. At approximately 1:30 p.m. on June 2, 2003, claimant contacted his mother, Christina Billeci and informed her he had been mistakenly arrested. Ms. Billeci unsuccessfully attempted to persuade 2 Clain for Damages the police a mistake had been made. At approximately 4:00 p.m., Jesse Santana, Mr. Billeci's attorney, contacted the Contra Costa County Superior Court to inform them of the mistakenly issued arrest warrant. Judge Cheryl Mills called the matter after the clerk confirmed an error had been made, and Judge Mills ordered the bench warrant recalled and claimant released forthwith. (Attached to this claim as Exhibit"A" is a copy of the minute order of these proceedings including Judge Mills' order to release claimant immediately.) Judge Mills' order was faxed to the Martinez Detention Facility at 4:48 p.m. on June 2, 2403. Despite the foregoing claimant remained in jail. At approximately 7:00 p.m. on June 2, 2003, Ms. Billeci contacted the Martinez Detention Facility to see if claimant was still being detained. She was informed claimant was still being held, and she informed them of Judge Mills' order to release claimant and asked they check the faxes received that day. The employee Ms. Billeci spoke to ridiculed her and stated they get a lot of faxes and wouldn't be able to check until the next morning. On June 3, 2003, Ms. Billeci drove from Marysville to the Contra Costa County Clerk's office and requested the file and informed court personnel that claimant was continuing to be held. At 7:10 a.m. the order to release claimant was again faxed to the Martinez Detention Facility. In spite of this claimant was placed in a holding cell, told to prepare for court and not released until approximately 2:00 p.m. 3. All of the foregoing actions taken by the State of California, and its employees, Contra Costa County and its employees, City of Pittsburg and its employees, and the Martinez Detention Facility, and its employees, give rise to causes of action for negligence, negligent infliction of 3 Claim for Damages emotional distress, intentional infliction of emotional distress, false imprisonment, wrongful confinement, unnecessary delay in releasing claimant, and deprivation of civil rights under color of law. 4. As a direct and proximate result of the action described above, claimant has suffered, is suffering, and will continue to suffer in the future, pain, suffering, humiliation, embarrassment, harm to reputation, emotional distress, mental anguish, and loss of wages and future wage loss and bass of earning capacity. 5. The amount claimed as of the date of presentation of this claim is computed as follows: a. Past and future medical/psychological expenses: unknown; b. Past wage loss: approximately $20,000.00; c. Future wage loss: according to proof; d. General damages for pain, suffering, mental and emotional distress, anguish, embarrassment, humiliation and loss of reputation: $1,000,000.00. 6. The total amount claimed as of date of presentation of this claim is in excess of $1,400,000.00. 7. Litigation will follow if this matter is not resolved. 8. Jurisdiction of this claim would rest in the Superior Court, unlimited civil action. 9. All notices, or other communications regarding that claim should be sent to the Law Office of Trezza, Ithurburn, Steidlmayer& Ithurburn. DATED: j MICHAE ''J. TREZZA Attori e� or Claimant 4 Claim for Damages ....... ......._. ......... ......... ......... ........ _.._.._.. ......... _........ _. ........ ......._.... .... ........ In the Matter of the Claim of ) TODD MICHAEL BILLECI, ) CLAIM FOR PERSONAL INJURIES VS. ) STATE OF CALIFORNIA, CONTRA ) COSTA COUNTY, CITY OF PITTSBURG ) TO THE STATE BOARD OF CONTROL, THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, AND CITY COUNCIL, CITY OF PITTSBURG. 1. You are hereby notified that TODD MICHAEL BILLECI, whose address is 631 Maureen Lane, Pleasant Hill, California 94523, claims damages from the County of Contra Costa and City of Pittsburg in the amount, computed as of the date of presentation of this claim, in excess of $1,000,000.00. 2. This claim is based on personal injuries and other damages caused by the County of Contra Costa and City of Pittsburg as follows: On May, 19, 2003, claimant pled no contest to a misdemeanor charge of violation of Health and Safety Code Section I I550(a) and was ordered by the Contra Costa',Superior Court to appear on June 5, 2003, for sentencing. On May 22, 2003, the Contra Costa County Superior Court mistakenly issued a bench warrant for claimant for failure to appear. On June 1, 2003, claimant's mother Christina Billeci, spoke by telephone with her mother (claimant's grandmother) Rose Hankins. Ms. Hankins resides in Pittsburg and claimant was 1 Claim for Damages temporarily staying at his grandmother's home. During the telephone conversation Ms. Hankin indicated that the Pittsburg Police Department was looking for claimant. On June 1, 2003 Ms. Billeci left a telephone message with claimant that the Pittsburg Police Department was looking for him. The police department falsely told both Ms. Hankin and Ms. Billeci that they had claimant's wallet which they wished to return. On June 2, 2003, claimant was working for Dow Chemical in Pittsburg. On his lunch break he contacted the Pittsburg Police Department in response to their calls regarding the wallet they supposedly wanted to return. When claimant indicated he had not lost a wallet the officer stated it wasn't a wallet but a"bag"they wished to return. Claimant agreed to meet the officer at his place of employment. At approximately 1:00 p.m. on June 2, 2003, claimant was arrested by two officer of the Pittsburg Police.Department. Claimant was arrested at his place of employment in full view of several co-employees. Claimant was informed there was a warrant for his arrest for failure to appear, and he was cuffed, placed in a patrol car and transported to the Pittsburg Police Department. Claimant was then transferred to the Martinez Detention Facility. At the detention facility claimant was searched, photographed, and placed into a general holding cell. In the cell there was no where to sit except the floor which contained urine and other bodily fluids. At approximately 2:00 p.m. on Tune 2, 2003, claimant was stripped and his anus and testicles were searched. Claimant was then placed in orange clothing and placed into a cell occupied by an obviously mentally disturbed male who never stopped talking. At approximately 1:30 p.m. on June 2, 2003, claimant contacted his mother, Christina Billeci and informed her he had been mistakenly arrested. Ms. Billeci unsuccessfully attempted to persuade 2 Claim for Damages the police a mistake had been made. At approximately 4:00 p.m., JesseSantana, Mr. Billeci's attorney, contacted the Contra Costa County Superior Court to inform them of the mistakenly issued arrest warrant. Judge Cheryl Mills called the matter after the clerk confirmed an error had been made, and Judge Mills ordered the bench warrant recalled and claimant released forthwith. (Attached to this claim as Exhibit"A" is a copy of the minute order of these proceedings including Judge Mills' order to release claimant immediately.) Judge Mills' order was faxed to the Martinez Detention Facility at 4:48 p.m. on June 2, 2003. Despite the foregoing claimant remained in jail. At approximately 7:00 p.m. on June 2, 2003, Ms. Billeci contacted the Martinez:Detention Facility to see if claimant was stilt being detained. She was informed claimant was still being held, and she informed them;of Judge Mills' order to release claimant and asked they check the faxes received that day. The employee Ms. Billeci spoke to ridiculed her and stated they get a lot of faxes and wouldn't be able to check until the next morning. On June 3, 2003,Ms. Billed drove from Marysville to the Contra Costa County Clerk's office and requested the file and informed court personnel that claimant was continuing to be held. At 7:10 a.m. the order to release claimant was again faxed to the Martinez'Detention Facility. In spite of this claimant was placed in a holding cell, told to prepare for court and not released until approximately 2:00 p.m. 3. All of the foregoing actions taken by the State of California, and its employees, Contra Costa County and its employees, City of Pittsburg and its employees, and the Martinez Detention Facility, and its employees, give rise to causes of action for negligence, negligent infliction of 3 Claim for Damages emotional distress, intentional infliction of emotional distress, false imprisonment, wrongful confinement, unnecessary delay in releasing claimant, and deprivation of civil rights under color of law. 4. As a direct and proximate result of the action described above, claimant has suffered, is suffering, and will continue to suffer in the fixture, pain, suffering, humiliation, embarrassment,'harm to reputation, emotional distress, mental anguish, and loss of wages and'future wage loss and lass of earning capacity. 5. The amount claimed as of the date of presentation of this claim is computed as follows: a. Past and future medical/psychological expenses: unknown; b. Past wage Ioss: approximately$20,000.00; c. Future wage loss: according to proof; d. General damages for pain, suffering, mental and emotional distress, anguish, embarrassment, humiliation and loss of reputation: $1,000,000.00. 6. The total amount claimed as of date of presentation of this claim is in excess of $1,000,000.00. 7. Litigation will follow if this matter is not resolved. S. Jurisdiction of this claim would rest in the Superior Court, unlimited civil action. 9. All notices, or other communications regarding that claim should be sent to the Law Office of Trezza, Ithurburn, Steidlmayer& Ithurburn. DATEL'3:—��fi MICHA 0. TEZZA Attorheyfor Claimant 4 Claim for Damages >x. . .�. $ � M � + � k .t � � g � ■ , � Url 2 U � Z 4 c 0 00 a � LL s CY) . 0 o) c d 0 C 0 "" (o UcZo � z � z � o Z F= in o Wd w U '_' o m N LL X 0 d z w. O 0 o U 3: 0 w Q < ,1. m o N >-: F- w o ou < a m H a 'z- NOV 1 -94 C��UP�RVI sr,� � As In the Matter of the Claim of } } TODD MICHAEL BILLECI, ) CLAIM FOR PERSONAL INJURIES } VS. ) } STATE OF CALIFORNIA, CONTRA ) COSTA COUNTY, CITY OF PITTSBURG } } } TO THE STATE BOARD OF CONTROL, THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, AND CITY COUNCIL, CITY OF PITTSBURG. 1. You are hereby notified that TODD MICHAEL BILLECI, whose address is 631 Maureen Lane, Pleasant Hill, California 94523, claims damages from the County of Contra Costa and City of Pittsburg in the amount, computed as of the date of presentation of this claim, in excess of $1,000,000.00. 2. This claim is based on personal injuries and other darnages caused by the County of Contra Costa and City of Pittsburg as follows: On May, 19, 2003, claimant pled no contest to a misdemeanor charge of violation of Health and Safety Code Section 11550(a) and was ordered by the Contra Costa Superior Court to appear on June 5, 2003, for sentencing. On May 22, 2003, the Contra Costa County Superior Court mistakenly issued a bench warrant for claimant for failure to appear. On June 1, 2003, claimant's mother Christina Billeci, spoke by telephone with her mother (claimant's grandmother) Rose Hankins. Ms. Hankins resides in Pittsburg and claimant was 1 Clafin for Damages temporarily staying at his grandmother's home. During the telephone conversation Ms. Hankin indicated that the Pittsburg Police Department was looking for claimant. On June 1, 2003 Ms. Billeci left a telephone message with claimant that the Pittsburg Police Department was looking for him, The police department falsely told both Ms. Hankin and Ms. Billeci that they had claimant's wallet which they wished to return. On June 2, 2003, claimant was working for Dow Chemical in Pittsburg. On his lunch break he contacted the Pittsburg Police Department in response to their calls regarding the wallet they supposedly wanted to return. When claimant indicated he had not lost a wallet the officer stated it wasn't a wallet but a"bag" they wished to return. Claimant agreed to meet the officer at his place of employment. At approximately 1:00 p.m. on June 2, 2003, claimant was arrested by two officer of the Pittsburg Police Department. Claimant was arrested at his place of employment in full view of several co-employees. Claimant was informed there was a warrant for his arrest for failure to appear, and he was cuffed, placed in a patrol car and transported to the Pittsburg Police Department. Claimant was then transferred to the Martinez Detention Facility. At the detention facility claimant was searched, photographed, and placed into a general holding cell. In the cell there was no where to sit except the floor which contained urine and other bodily fluids. At approximately 2:00 p.m. on June 2, 2003, claimant was stripped and his anus and testicles were searched. Claimant was then placed in orange clothing and placed into a cell occupied by an obviously mentally disturbed male who never stopped talking. At approximately 1:30 p,m, on June 2, 2003, claimant contacted his mother, Christina Billeci and informed her he had been mistakenly arrested. Ms. Billeci unsuccessfully attempted to persuade 2 Claim for Damages the police a mistake had been made. At approximately 4:00 p.m., Jesse Santana, Mr. Billeci's attorney, contacted the Contra Costa County Superior Court to inform them of the mistakenly issued arrest warrant. Judge Cheryl Mills called the matter after the clerk confirmed an error had been made, and Judge Mills ordered the bench warrant recalled and claimant released forthwith. (Attached to this claim as Exhibit "A" is a copy of the minute order of these proceedings including Judge Mills' order to release claimant immediately.) Judge Mills' order was faxed to the Martinez Detention Facility at 4:48 p.m. on June 2, 2003. Despite the foregoing claimant remained in jail. At approximately 7:00 p.m. on June 2, 2003„ Ms. Billeci contacted the Martinez Detention Facility to see if claimant was still being detained. She was informed claimant was still being held, and she informed them of Judge Mills' order to release claimant and asked they check the faxes received that day. The employee Ms. Billeci spoke to ridiculed her and stated they get a lot of faxes and wouldn't be able to check until the next morning. On June 3, 2003, Ms. Billeci drove from Marysville to the Contra Costa County Clerk's office and requested the file and informed court personnel that claimant was continuing to be held. At 7:10 a.m. the order to release claimant was again faxed to the Martinez Detention Facility. In spite of this claimant was placed in a holding cell, told to prepare for court and not released until approximately 2:00 p.m. 3. All of the foregoing actions taken by the State of California, and its employees, Contra Costa County and its employees, City of Pittsburg and its employees, and the Martinez Detention Facility, and its employees, give rise to causes of action for negligence, negligent infliction of 3 Claim for Damages emotional distress, intentional infliction of emotional distress, false imprisonment, wrongful confinement, unnecessary delay in releasing claimant, and deprivation of civil rights under color of law. 4. As a direct and proximate result of the action described above, claimant has suffered, is suffering, and will continue to suffer in the future, pain, suffering, humiliation, embarrassment, harm to reputation, emotional distress, mental anguish, and loss of wages and future wage loss and loss of earning capacity. 5. The amount claimed as of the date of presentation of this claim is computed as follows: a. Past and future medical/psychological expenses: unknown; b. Past wage loss: approximately $20,000.00, c. Future wage loss: according to proof; d. General damages for pain, suffering, mental and emotional distress, anguish, embarrassment, humiliation and lass of reputation: $1,000,000.00. 6. The total amount claimed as of date of presentation of this claim is in excess of $1,000,000.00. 7. Litigation will follow if this matter is not resolved. 8. Jurisdiction of this claim would rest in the Superior Court, unlimited civil action. 9. All notices, or other communications regarding that claim should be sent to the Law Office of Trezza, Ithurburn, Steidlmayer& Ithurburn. DATED: MIC ' Z A Att rn f r Claimant 4 Claim for Damages LAW OFFICES TREZZA,ITHURBURN, STEIDLMAYER& ITHURBURN R o.DRAWER s 506 SECOND STREET A PROFESSIONAL CORPORATION YUBA CITY,CALIFORNIA 95991 JOHN 3.'rRF.ZZA TELEPHONE(530)673.5637 FRED 13.ITHURBURN MARK G.STEIDL„MAYER BERTRAND F.ITHURBURN MICHAEL J TRFZZA IF.ANF.'rI'E L.rr'HIJRBURN November 13, 2003 BY CERTIFIED MAIL Contra Costa Superior Court Clerk Court Administration Building 649 Main Street Martinez, CA 94553 RE. Claim Form Dear Sir or Madam: .Enclosed is an original and one copy of the Claim. Please stamp received and return the copy in the pre-addressed stamped envelope provided. Thank you for your cooperation in this matter. Should you have any questions,please call our office directly. ry ly yours, i SICA M. CASTANEDA ecr ar_y to MICHAI=L J. TREZZA, Esq. enclosures vn D 0 z n r -n z v u v H X C=0 4 D U to Z L Y -� C7 C3 _e ru o. ni W . Ab% tl�l [ CEJ `' cn W 0 c E, CL b U-1 C? ru �,`✓ � All CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:DECEMBER 02, 2003 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: $443.83 CLAIMANT: MICHELLE FIORESI ...... ATTORNEY: MiKNOWN DATE RECEIVED: OCTOBER 22, 2003 ADDRESS: 2099 MEADOWLARK LANE BY DELIVERY TO CLERK ON:OCTOBER 22, 2003 OAKLEY, CA 94561 BY MAIL POSTMARKED: OCTOBER 21, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, JOHN SWEETEN g k Dated: OCTOBER 22, 2003 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Super-Visors YThis claim complies substantially with Sections 910 and 9101, 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: bvw BY: Deputy County Counsel III, FROM: Clerk of the Board TO, County Counsel(t) 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: 41 aZ04,45 I JOHN SWEETEN, CLERK, By , Deputy Clerk 1, F WARNING(Gov. code section 913)' Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA CC )2M INSTRUCTIONS TO CLAIMANT A. Claims relating to causes cif action for death or for injury to person or to per- sonal property or growing craps and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claims must be filed with the Clerk of the Beard of Supervisors at its office in Room 106, County Administration Building, 651 rine 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 cl:a m,is against moretban one public entity, separate claims must be filed against each public entity, B. ' Fraud. See penalty for fraudulent claims, Penal Cade Seca 72 at the end of this fformtt RE: Claim BY ) Reserved for Clerk's filing stamp -t .- � `E Agairsst the ComiCon ty 'of tra Costa T Zo UG i -> or Cl CV+n V "t7 f* �1.7aJ ....__...... District) Fil in n � 'ACJ. The undersigned clamant hereby makes claim againstthe County of Contra Costa or the above-named District in the sum of $ 144494B and in support of this claim represents as follows 1. When did the damage or injury occur? (Give exact date and hour) 2. Whire did the damage or injury occur? (Include city and county) 3. Hoer did the damage or injury cur? (Give full details; use extra paper if required) X wras -F-le A t./Lo- ^J C, p_-Ja,, -77r oA-) 8 1XJaP_. RA/7- ReO 4. What particulaar act or omission on the, part of county or district officers, servants or .employees caused. the.inJury or damage? (over) 5. wnat are the names of county or district officers, servants or employees causing the damage or injury? 5. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Rr r—VV d+ -r(04?-) C-4 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) }j I Z. ? j`7rtxqCfi&c S TO�k— ' ?-a�`yt E' 8. Names and addresses of witnesses, doctors and hospitals. t �l v o ,,v 7"�-fr4-7- .'���' •+�,,. �G.�rr e�►�� �'c ,�h+� ��Geo�c-�,� ��--,�`c� ,2 g. List the expenditures you trade on account of this accident : AMOUNT or injury DATE M �7 Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant ,SEND NOTICES T0: (Attorne ) or pZ.some erson Qn his behalf." Name and Address of Attorney Claimant's Signature is r7.5 Co 06 E5 Telephone No. Telephone No. N_0T ;ICE :. Section 72 of the Penal Cade provides: "Every person who, with intent to defraud,# presents for allowance or for payment to any state board or officert 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 Sail for a period of not more than one'_year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,0013, or by both such imprisonment and fine. .. � . :- -...�... ......- ....., y t i. 11 .: ...F- �. ^. r w ttt � � � 0 I 1, 1.1. 1. A�. a LNHdtG , U �� 11-111111 _1 � R � CG1-11" t � t !ETl . �Vl kA A At � 1. I 11�� € NAE0.UTCCR I I- tIF#If,4S.Any warrant#,ea art the prdowd r f"Parts.se#d", by are otos&f x#4#Y fhl rf arI Uf1 ural.The ager h�r#f?y expf, #>; d#��# rrts el##vv�xra�i#aai;etfk f e�preseetl yr ffttp#fadr irtC#ifd#ng any irn ##ed wawa t srf Crterabant'llft4y ar ftttsctsa=for a1. pattlr�toCaa putptrse enzl ase?a#Ief:rt r Iter starrf�s nar atftffar#zea a Y. tf s r sr`to aB a#n ,fist_If, ' any fsab1Rtq ars er ns ia#k 6 mtft tic#s ssi#e sayer 4134 t t�of£a ei�tkfto,-td fe t�"rar#tdrer ihli sa#t[N i mtat arty raMttis a 1t#sf tris0 �amapellls to prgperw,dsrnapes.ft>r Egfli of 1..s aI W, 111 11 tame11.l,r x ssa l P, 1.y-�Ecasms Jrr �e»q +atIV a1.11 11t?er�#� #de+ifa#-a�agesrI'll 11 11 f� Ktd9t # Yt3U# MONO, lk, £3tTEkk# Ll 1t3iUCCE C3AT I 11 #N�/ICCE ,Ir r� AC ?T 1.N3. 1.1. w11 r PA1.CE 1 1.I P. CASH RETAIL T T Ir Ir IIr t� I III 5 7 CASH �3RE T WOOD CP, rr Ari r1 II C C'E UC3TE — D(7NQTPAY ****' . ... - . _... ..,:... .... . ... ... ..... . . . .THANK YOU FOR YOUR PURCHASE. . WE DELIVER DAILY TO WHOLESALE NEEDS FARTS " 410.40 OR ORDERS; PLEASE CALL DIRECT AT : SUBLET -800-634- 981 OR X25-634-9981 FREIGHT 0.00 O RETURNS AFTER 36 DAYS PLEASE. ISALES TAX 33 ,83 CUSTOMER'S SiGNATUP5 X 443.83 WARNING Motor vehicles containchemicals known to the State of California to cause cancer and birth defectsor other reproductive harm.Them.chemicals are contained in many vehicle components and,rep,acement pans,vehicle fluids,and paints and materials used to maintain vehk.Yea,including,but not limited to,fuel,oil batteries,brakes,and wheel balancing weights.When you service,clean or maintain your car,you will be exposed to listed chemicals cbntainad in used oil,waste and rapfacement fluids,fumes, grease,grime,touch-up paint,certain replacement parts,and particulates from component was,.When we service your car,we will return used components to you upon request.Used parts and components contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize your exposure when servicing,maintalning or clashing your vehicle:11 work in a well ventilated was;2)do not amoke,drink or eat while working;:3)Wath your hands when finished or.hen taking a brask;qp{�}Jgljgyv,Y(I rpaygl, ctutptri tp(gif a partaining to proper use and maintenance of motor vehicles and vehicle components. iP"too in accordance with Pro osiiion 65 in QpT.�}/t'jaf[1�8(�' ltjY,j�te sF5�m saq.)For further information about Proposition 65:htrp.7/www.oshho.or/pmp65.hr.mf. (� :k M < (,^ "T7 o ro = —. r o n o C--sj> o e a z w --i az --i .a M .4 o roX o n = a --i oc u7 ac rn .-- -c C� - r� 'o tp _Z) := as...-r -i rQ tv -13 - M 3 . ? C D Ctt -1 C�; m =. fr . 71 m' ..i v: --q r r vi c C. _ o ct r,., �� X e--r C] Z Z C7 2 1_7. i'd. = 7\} C', V) = UJ C.4C <=> - -rt -f a' -n - G C'3 Tn n =TJ r-+. ID :J Z C C -j Z fn m, M Z Z -- r- --. -{ -t -- _ (r m zr. r- 1j IC. 1= T. _a a, z w rra 00 00 r .= �c it W (.r M ij t, - �1 V t.. 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BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION; DECEMER,,L2, 2003 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 s }ji 915.4. Please note all"'Warnings". AMOUNT: UnMWN' CLAIMANT: KATHLEEN SLOAN ATTORNEY. JOHN H. PETERSON DATE RECEIVED- OCTOBER 23, 2003 ADDRESS: 1511 TREAT BOULEVARD, SUITE 200 BY DELIVERY TO CLERK ON:OCTOBER 23, '2003 WALNUT CREEK, CA. 94598 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the.Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET! Cl r Dated: OCTOBER '23 20€73 By: Deputy II. FROM: County Counsel.. TO:Clerk of the Board of Supervisors j 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 1S days (Section 9101,8). ( ) 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: i- Dated: l' 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: !% . %'« . 4440 . JOHN SWEETEN, CLERK, By, , Deputy Clerk WARNING(Gov. code section 91 Subject�p certain exceptions, you have only six(6) months from the date this notice was personally served or deposited in the mfil 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: . 00, R. A063 JOHN SWEETEN, CLERK By Deputy Clerk PIN CLAIM AGAINST THE COUNTY OF CONTRA COS (Government Code Section 910 et seq) ocr 232003 To the governing board of the County of Contra Costa: : , f,d tRv'; `F„c RS You are hereby notified that KATHLEEN SLOAN whoseaddress is 3905 Clayton Road, #33, Concord, California 94521, claims damages from the County of Contra Costa. This claim is based on personal injuries sustained by claimant on April 28, 2003, at Contra Costa County Health Services Department, Concord Clinic, Concord Health Center, 3052 Willow Pass Road, Concord, California, under the following circumstances: Claimant tripped on a 4 X 8 plywood board that was placed over an excavation adjacent to a pedestrian passageway between 2 'Concord Health Center buildings at 3052 Willow Pass Road, Concord, California. A corner of the board extended over the walkway whereby claimant was caused to trip and fall face down. The injuries sustained by claimant consist of fractures and 'dislocation of bones of her left shoulder with injury and damage to the hand and fingers and to the nerves of her left upper extremity. She has incurred extensive losses for medical care and treatment and rehabilitation, and has been totally disabled from her usual employment continuously since April 28, 2003 whereby she has suffered, and continues to suffer loss of earnings at the rate of $753.20 each week. Jurisdiction over the claim is in Superior Court unlimited jurisdiction. All notices or other communications relating to this claim are to be sent to claimant in care of her attorney, John H. Peterson, 1511 Treat Boulevard, Suite 200, Walnut Creek, California 94598. Dated: October 23, 2003 OHN H. PETERSON, Attorney for Claimant Kathleen Sloan CLAIM BO RD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTIQ_N:DECIIIBER 02, 2003 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: $2,547.35 CLAIMANT: ,JOSE NUNEZ, REBECA NUNEZ ATTORNEY: UNKNOWN DATE RECEIVED: OCTOBER 23, 2003 ADDRESS: 555 N. PARKSIDE DRIVE BY DELIVERY TO CLERK:ON:OCTOBER 24, 2003 PITTSBURG, CA 94565 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. OC°IYBER 27 203 JOHN SWEE C2F Dated: By: Deputy II. FROM: Courtly CounselTO: Clerk of the Board of Supe sons 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: C% By: L Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV, BOARD ORDER.: By unanimous vote of the Supervisors present: ( ) 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: GC• "' � JOHN SWEETEN,CLERK, By , Deputy Clerk WARNING(Gov. code section 913) Subject too certain exceptions, you have only six(6)months from the date this notice was',personally served or deposited in the mil 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: 0 JOHN SWEETEN, CLERK By Deputy Clerk Y: ! / Y Y�r? ! rrwr }.r:�r f Y. h{•::rF�' $� f :trrl. mom f r !r+x llSlf. • r r: Clalm to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CL.ADOM A. Claim's relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 1047th 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 Burd of Supervisors at its .office in Room 1475, 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 Cour:ty, the tie 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 farm. RE: Claim By ) Reserved for Clerk's 'filing stamp Against the County of Contra Costa ) or ) 11�, 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 $ <r � � and in support of this claim represents as follows: a .5 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 1 fo5 3. Haw 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 tar.employees caused. the.injury or damage? , 7 '�tl� t �{1�i �? ;r G j Y t "G -thA-, F,�S ed e YIl k r Date: t 0071200312:08 PM Estimate ID: 154 Estimate Version: 0 Preliminary Profile ID: EASTBAY Add'i Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals €1. Part Replacement Summary Amount Body 16.0 62.00 0.00 0.00 992.00 Taxable Parts 888.08 Refinish 8.9 62.00 5.00 0.00 558.80 Sales Tax @ 8.250% 55.20 Glass 0.6 62.00 0.00 0.00 37.20 Total Replacement Parts Amount 724.26 Non-Taxable Labor 1,588.00 Labor Summary 25.5 1,586.00 Ill. Additional Costs Amount IV. Adjustments Amount Taxable Costs 214.40 Customer Responsibility 0.00 Sales Tax @ 8.250% 17.69 Non-Taxable Costs 5.00 Total Additional Costs 287.09 1. Total Labor: 1,586.00 II. Total Replacement Parts: 724.26 III, Total Additional Costs: 237.09 Gross Total: 2,547.35 IV. Total Adjustments: 0.00 Net Total: 2,547.35 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. I HEREBY AUTHORIZE THE REPAIR WORK TO BE DONE ALONG WITH THE NECESSARY PARTS AND MATERIALS. AUTHORIEZED SINGATURE------------------------------------------DATE---------- WARNING: --- ----WARNING: Accidental air bag deployment is possible. Personal injury may result. Avoid area near steering wheel and instrument panel even if air bags have deployed. Dual-stage air bag modules may be present that could contain an undeployed stage. When disposing of a deployed dual-stage air bag,always treat it as a"live"module. See appropriate MITCHELLD AIR BAG SERVICE&REPAIR MANUAL,or OEM information. ESTIMATE RECALL NUMBER:1047/2003 12:04:16 154 UltraMate Is a Trademark of Mitchell International Mitchell Data Version: MAY_03-A Copyright(C)1994-2002 Mitchell International Page 2 of 2 UltraMate Version, 4.8.012 All Rights Reserved \ � ) ) \ : ( � © � � � m® • < , .&a ........... . � � \ ( .�_. . __ ... . ._���_..... � } � : } , � 10/17/2003 at 12 :56 PM Job Number: 99999 CCC INFORMATION SERVICES License # :AM192339 JESS Enterprises 2225 C Freed Way Pittsburg, CA 94565 (925) 432-1094 Fax: (925) 432--4386 PRELIMINARY ESTIMATE Written By: Jess Vasquez Adjuster: Insured: Rebeca Nunez Claim # owner: Rebeca Nunez Policy # Address: 555 N. Parkside Dr. Deductible: Pittsburg, CA 94565 Date of Lass: Day: (925) 439-8959 Type of Loss: Point of Impact: 5. Right Rear Inspect CCC INFORMATION SERVICES Business: (925) 432-1094 Location: 2225 C Freed Way Pittsburg, CA 94555 Insurance Company: Days to Repair 2001 NISS QUEST GXE 6-3. 3L-FI 4D VAN VIN: 4N2ZN15T110806292 Lie: Prod Date: Odometer: Air Conditioning Rear Defogger Tilt Wheel Cruise Control Intermittent Wipers Keyless Entry Theft Deterrent/Alarm Rear Wiper Body Side Moldings Dual Mirrors Privacy Glass Clear Coat Paint Metallic Paint Power Steering Power Brakes Power Windows Power Locks Power Mirrors Anti-Lock Brakes (4) Driver Air Bag Passenger Air Bag Cloth Seats Bucket Seats 7 Passenger Option Aluminum/Alloy Wheels ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 SIDE PANEL 2 Repl RT Side panel. 1 308.29 13.0 2.8> 3 Add for Clear Coat 1. 1 4 REAR BUMPER 5 Repl Bumper cover 1 348. 86 1 .2 2. 6 6 Add for Clear Coat 1.0 7 Deduct for Rear Bumper R&I -1.2 8 SIRE LOADING DOOR 9* Rpr RT Door shell 0.5 2.3 10 Overlap Major Adj . Panel -0. 4 11 Add for Clear Coat 0.4 12# Subl HAZARDOUS WASTE DISPOSAL 1 8.00 T 13* R&I RT Handle, outside 0. 5 1 10/17/2003 at 12:56 PM Job Number. 99999 PRELIMINARY ESTIMATE 2001 NISS QUEST GXE 6-3.3L--FI 4D VAN ------------------------------ NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 14# Repl CAR COVER / MASK FOR OVERSPRAY 1 5.00 T 0.2 15# Repl FLEX ADDITIVE 1 5.00 16# Rpr Tint Calor 0.5 17* Rept Rt. Wheel Opening Moulding 1 29. 18 0. 5 0. 0 _..______________________________Subtotals 704. 33 15.2 9.8 Parts 691.33 Body Labor 15.2 hrs @ ,$ 62.00/hr 942 . 40 Paint Labor 9. 8 hrs @ ,$ 62.00/hr 607 . 60 Paint Supplies 9.8 hrs @ $ 26.00/hr 254.80 Sublet/Mise. 1.3. 00 ---------------------------------------------------- SUBTOTAL $ 2509.13 Sales Tax $ 959. 13 @ 8.2500% 79. 13 ---------------------------------------------------- GRAND TOTAL $ 2588 .26 ADJUSTMENTS: Deductible 0. 00 ---------------------------------------------------- CUSTOMER PAY $ 0. 00 INSURANCE PAY $ 2588 .26 2 10/17/2003 at 12:56 PM Jab Number: 99999 PRELIMINARY ESTIMATE 2001 NISS QUEST GXE 6-3 . 3L-FI 4D VAN The above estimate is based on our inspection and does not cover additional parts or labor which may be rewired after the work has started. Worn or damage parts, not evident on first inspection, may be discovered and you will be contacted for authorization for additional work. Parts prices are subject to change without notice. POWER OF ATTORNEY: I do hereby appoint the aforementioned business as my attorney in fact to accept on my behalf any and all checks, drafts, or bills of exchange for deposit to the aforementioned business" account for credit on my account for repairs on my vehicle which had been released and accepted. ACKNOWLEDGEMENT: I have read and understand the above estimate and authorize repair service to be performed, including sublet work and acknowledge receipt of this estimate. An express mechanics lien is hereby acknowleged on the above vehicle to secure the amount of repairs therto. This Estimate and Power of Attorney, Authorized By: Signed: Date: Work Accepted By: Signed: Date: THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS:. ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLVD=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT= ,EFT W/O=WITHOUT W/ =WITH/ SYMBOLS: ##=MANUAL LINE ENTRY *=OTHER [IE. .MOTORS DATABASE INFORMATION WAS CHANGED) **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. 3 10/17/2003 at 12;56 PM Job Number. 99999 PRELIMINARY ESTIMATE 2001 NISS QUEST GXE 6-3.3L-FI 4D VAN Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ARF3793 Database Date 6/2003 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, Qual Repl Parts or Comp Rep. Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, 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 Date: 10/1712003 12:08 PM Estimate ID: 154 Estimate Version. 0 Preliminary Profile ID: EASTBAY EAST BAY AUTO BODY REPAIR 620 GARCIA AVE#B PITTSBURG,CA 94555 (926)473-1876 Fax: (926)473-0796 Damage Assessed By: MIKE SAYEDI Appraised For: 17 Deductible: UNKNOWN File Number: 16 Insured: adolfo guitlerrez Telephone: Home Phone: (925)439-8959 Mitchell Service: 911778 Description: 2001 Nissan Quest GXE Body Style: VanPass Drive Train: 3.31-int 6 Cyl 2WD VIN: 4N2ZN1ST11D806292 Options: ALUMIALLOY WHEELS,AIR CONDITIONING,POWER WINDOWS,POWER DOOR LOCKS CRUISE CONTROL,AUTOMATIC TRANSMISSION,AM-FM STEREOICDPLAYER(SINGLE) Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 _ 100954 REF _ BLEND R REAR DOOR OUTSIDE C ~1 0 2 100972 BDY REMOVE/REPLACE R REAR DOOR ADHESIVE MOULDING ORDER FROM DEALER 23.72 0.2 3 101006 BDY REMOVEIINSTALL R REAR DOOR HANDLE 0.6 # 4 101058 GLS REMOVEIINSTALL R REAR DOOR MOVEABLE GLASS 0.5 5 101157 BDY REMOVEIREPLACE R QUARTER OUTER PANEL 78112-78030 308.29 14.5 # 6 AUTO REF REFINISH R QUARTER PANEL OUTSIDE C 2.4 7 AUTO REF REFINISH R QUARTER PANEL EDGE 0.6 8 AUTO REF REFINISH R LOCK PILLAR C 0.5 9 101219 GLS REMOVEANSTALL R QUARTER GLASS INC 10 101446 BDY REMOVE/INSTALL L REAR COMBINATION LAMP 0.3 11 101466 BDY OVERHAUL REAR COVER ASSY 0.4 12 101467 BDY REMOVEIREPLACE REAR BUMPER COVER 85022-78225 337.05 INC 13 AUTO REF REFINISH REAR BUMPER COVER C 1.9 14 936007 ADWL COST SHOP MATERIALS 8.00* 15 AUTO REP ADD'L OPR CLEAR COAT 1.8 16 933003 REF ADD'L OPR TINT COLOR 0.5* 17 933018 REF ADD'L OPR MASK FOR OVERSPRAY 5.00* 0.3* 18 AUTO ADD'L COST PAINTIMATERIALS 206.40* 19 AUTO ADD'L COST HAZARDOUS WASTE DISPOSAL 5.00* * -Judgement Item #-Labor Mote Applies C -Included in Clear Coat Calc ESTIMATE RECALL NUMBER:10471200312:04:16 164 UltraMate Is a Trademark of Mitchell International Mitchell Data Version: MAY_03_A Copyright(C)1994-2002 Mitchell International Page 1 of 2 UltraMate Version: 4.8.012 All Rights Reserved ......_.. ......... ......... ......... ......... ......... _-........ .. .. ........ ........... ......... ....__.... ......._..._... .......... ._....... ......... ......... ......... _ _ .............................. County Administrator Contra Risk Management Division 2530 Arnold Drive,Suite 140 Cosa , Liability Claims (925)335-1440 Martinez,California 94553 County Fax Number (925)335-1421 October 13, 2003 z Mr and Mrs. Nunez 555 N. Parksie Dr. Pittsburg, CA Re: Claimant: Rebeca Nunez Insured: Contra Costa County D/Accident: 08/2812003 Claim No.: 54367 Dear Mr. and Mrs. Nunez: The above captioned matter has been referred to my office for investigation and handling on behalf of the Contra Costa County Department of Sheriff/Coroner. I have enclosed a claim form that must be completed in order to file a formal claim against the County. Be advised that you have six months from the accident date to file a formal claim as stated in the California Government Code beginning with Section 900. This also notifies you that you must comply with the claims presentation and timely suit filing requirements of California law in order to preserve your claim. Our investigation of your claim does not affect your duty to comply with time limits set by law, and by investigating, considering, and discussing your claim with you or your representative, we do not waive our right to assert your failure to comply with those time limits as a complete defense to any claim or action you may bring. Please attach to your claim 2 repair estimates. Thank you. Should you have any questions, please do not hesitate to contact the undersigned. Sincerely, Penny Bailey Liability Claims Adjuster 925-335-1455 Enclosure CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ' BOARD ACTION: DEC ER 02, 2003 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 _ 1?ursuant to Government Code Section 913 and 9 .5.4. Please nate all"Warnings". AMOUNT: GREATER THAN $101000.0 ' CLAIMANT: HELEN BUDDI ATTORNEY: RICHARD GUADAGNI DATE RECEIVED: OCTOBER 27, 2003 ADDRESS: LAW OFFICES OF RICHARD GUADAGNI BY DELIVERY TO CLERK ON: OCTOBER 27, 2003 1390 S. MAIN STREET, SUITE 312 WALNUT CREEK, CA 94596 BY MAIL POSTMARKED.- OCTOBER 25, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. OCTOBER 27, 2003 JOHN SWEETS Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. { } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). Other: A l 11-1 t 4�me 1 o h W, I OYA pane /ynD. 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: Z ke. 0 ,5 JOHN SWEETEN, CLERK., ByAM=. — Deputy Clerk p y WARNING(Gov. code sectio 913) IV Subject 0 certain exceptions,you have only six (6) months from the date this notice was personally served or deposited in the mfil 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 per ury 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: 0 • 0 - OHN SWEETEN, CLERK By Deputy Clerk QEEICE�of THE COUNTY COUNSEL SILVANo B.MARCHES[ COUNTY of CONTRA COSTA COUNTY COUNSEL Administration Building ,r- 651 Pine Street, 9th Floor `= SHARON L. ANDERSON +. CHIEF AssisTANT Martinez, California 94553-1229 C � i i GREGORY C. HARVEY (925) 335-1800 ; r,r3 i '`, VALERIE J. RANCHE (925) 646-1078 (fax) ; ' AssIsTANTS i rG r C Ll NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM TO: Richard Guadagni, Esq. Law Office of Richard Guadagm 1394 S. Main Street, Suite 312 Walnut Creek, CA 94596 RE: CLAIM OF: HELEN BUDDE Please Take Notice as Follows: In regards to the claim you submitted on October 27, 2043, on behalf of Helen Budde, portions of the claim are timely and portions are untimely. The portions of the claim prior to October 25, 2042 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2,because they were not presented within one year after the event or occurrence as provided by law. Because the portions of the claim prior to October 25, 2002 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. The only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims whichare untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. SILVANO B. MAR.CHESI COUNT COUNSEL ttD By. "Janet L. Holmes Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;1 am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Executed in Martinez,California. Dated: October 28,2003 Kathy O'C 11 cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 ._. .. ...... _. ...... .......................................... _. . _...._. ......... ._..........._.. . ........ ............__........................ CLAIM AGAINST THE COUNTY OF CONTRA COST C PURSUANT to Govt Code SECTION 905, 905.2, 910, 915 u OCT 2 7 2003 CLERK 80 AA n CC} RACUS q RS �AVtS0 1. Claimant's Name- Helen Budde 2. Claimant's Home Address - 1320 Rudgear Road, Walnut Creek, California 3. Post Office Address where Claimant wishes to receive notices: Law Offices of Richard Guadagni 1390 S. Main Street; Suite 312 Walnut Creek CA 94596 4. The Date, Place, and Circumstances of the occurrence giving rise to the claim: Helen Budde owns the property located at 1320 Rudgear Road, Walnut Creek, CA. She has owned that property continuously since 1948. At the time of her purchase,',Contra Costa County had a drainage easement of five (5)feet across the northern boundary of her property. From the time of her purchase until a few years ago the County maintained a drainage ditch on this easement. During the years the County has increased the flow of water over this drainage ditch. While the County maintained this drainage ditch,the increased flow did not damage Mrs. Budde's property. However, for some time the County has not cleaned out the ditch and last year drainage overflowed the easement and damaged her property. it did so again this year on or about June 2003. The ditch has now widened approximately fifteen (15) feet beyond the original five (5) foot easement. The County's failure to maintain the drainage easement has amounted to an inverse condemnation of Mrs. Budde's property and its negligence has damaged Mrs. Budde in costs to protect the remaining property. 5.General Description of the injury, damage,or loss: Helen Budde has to date incurred property damages of$50,000 and continuing, from the above described drainage overflow damage and inverse condemnation,thus making this case an unlimited civil case,pursuant to Govt Code sections 910(f)and California Civil Code of Procedure sections 85,86, 580. 6.Name of the Government Employee(s) causing the injury if known: Helen Budde does not have this information available to her at this time. 7. Amount of Damages: The amount of damages are greater than$10,000; therefore this case is not a"limited civil case." 8. This claim is filed within the California Tort Claims Acts statutory period of six(6)months within the date of injury,which is continuous. Govt Code section 911.2. 24- < - Dated Richard Guadag- nim �..._ Attorney for Claimant I PROOF OF SERVICE BY MAIL 2 I, Richard Guadagni, declare that: 3 I am,and was at the time of the service hereinafter mentioned,at least 18 years of age and not a party to the above-entitled action. My business address is 1390 South Main Street., Suite 4 312, Walnut Creek,California;I am employed in Contra Costs County,',California. 5 I served the foregoing Claim against Contra Costa County 6 7 8 9 on October 25, 2003, by depositing copies thereof in the United Statesmail in Walnut Creek, 10 California, enclosed in sealed envelopes, with postage prepaid, addressed to Clerk of the Board of Supervisors 11 Room 106 County Administration Building 12 651 Pine Street 13 Martinez,CA 94553 14 I declare under penalty of penury under the laws of the State of California that the 15 foregoing is true and correct. 16 Dated: October 25, 2003 1.7 RICHARD GtTNDAGNI 18 19 20 21 22 23 24 25 26 27 28 r. C14 -� o Cn- m (n c c LO LO aa) 0 m a) < 0) ESU i 0 CE o s� l N r M {iS Zo ,.tD y CD Ln LS � iff (1_ cl