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Home My WebLink AboutMINUTES - 02252003 - C27-C28 CLAIM lor B ARD RVIRS OF O§TA_qOUNTY BOARD ACTION: FEBRUARY 25, 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 4 915.4. Please note all "Warnings". AMOUNT-- UNKNOWN 1. zC Dt�, C01UNTY COUNSEL CLAIMANT: IDA FEATHERS MARTINEZ CALIF ATTORNEY: TIEN V. DOAN DATE RECEIVED: JANUARY 21, 2003 ADDRESS: 3460 WILSHIRE BLVD. STE. 306 BY DELIVERY TO CLERK ON: JANUARY 21, 2003 LOS ANGELES , CA 90010 _. HAND DELIVERED BY BY MAIL POSTMARKED: IDA FEATHERS FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. , Dated: JANUARY 21, 2003 By: JOHN SWEETENClem Deputy r, II. FROM: County Counsel TO: Clerk of the Board of Supervisors { This claim complies substantially with Sections 910 and 910.2. { ) This Claim FAILS to comply substantially with Sections 910 and 910.2., and we are so notifying claimant.The Board cannot act for 15 days(Section 910.8). { ) Claim is not timely filed.The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { ) Other: Dated: By: l'L .._.... De uty Coun Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV, BOARD ORDER: By unanimous vote of the Supervisors present: (.) This Claim is rejected in full. { ) Ot6r I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. FEBRUARY 25 Dated: s 2003 JOHN SWEETEN,CLERK,By F , 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: FEBRUARY 26. 2003 JOHN SWEETEN,CLERK By Deputy Clerk cn CA cat of coo of cts .p w.f�+ Co 2 t MARCH 31, 2002 Received copy of denial returned by the Post Office today for the reason ATTEMPTED NOT KNOWN. Called up Tien V. Doan at 3460 Wilshire :Blvd., Los Angeles, Tel No. 310-203-0290, with the approval from Gina Martin. Left Message to return my call APRIL 01, 2003 Received call from the office of Tien V. Doan, and said that I have to write the Suite number but I told him that there was no Ste. No. written on the claim. He gave me the number and ask me to fax the denial at 1-800-250- 5460, which I did so. Mailed to him the hard copy. CLAIM B9AB2QF Sj2LR_V150R§OF N BOARDIIIMIY A■■{{qq,..++��TI • FEBRUARY 25, 2013,'' • nlMgw„ M+�.I��Iir��illi�ll Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Beard Action, All Section references arc to } The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (paragraph IV below),given Pursuant to Government Code Section 913 and 915.4.Please note all"'Warnings". AMOUNT: UNKNOWN CLAIMANT: IDA FEATHERS ATTORNEY: TIEN V. DOAN DATE RECEIVED: .7ANUARY 21 2003 ADDRESS: 3464 WILSHIRE BLVD. BY DELIVERY TO CLERK ON: JANUARY 21, 2003 LOS ANGELES, CA 90010 HAND DELIVERED BY BY MAIL POSTMARKED: IDA FEATHERS FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated. JANUARY 21, 2403 JOIN SWEETEN Clerk By: De 'uty II, FROM: t;aunty Counsel TO: Clerk of the Board of Sup rvis'ors { ) This claim complies substantially with Sections 910 and 910.2. ( } This Claim FAILS to comply substantially with Sections 910 and 910"2, and we are so notifying claimant,The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed,The Clerk should return claim on ground that it was riled late and send warning of claimant's right to apply for leave to present a late claim(Section 911,3). } Other: Dated: 8 . De u Coun Counsel II, FROM: Cleric of the Board TO; County Counsel(1) County Administrator{2} } Claim was returned as untirnel with notice to claimant{Section 911.3}. V, BOARD ORDER: ` By unanimous vete of the Supervisors present: } This Clam is rejected in full. } Otfier: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this elate, )ated: JOHN SWEETEN, CLEF,By ,De uty Clerk WARNING{Gov. code section 913} ubject to certain exceptions, you have only six(6)mobUs from the date this notice was personally served or deposited i the mail to file a court action.on this claim. See Government Code Section 945.6.You may seek the advice of an ttorney of your choice in connection with this matter. If you want to consult an attorney, you should do so nmediatel . `For Additional Warning See Reverse aide of This Notice. AFFIDAVITOF MAILING declare under penalty of perjury that I am now, and at all tunes herein mentioned, have been a citizen of the United tares, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully repaid a certified copy,ofthis Board.Order and Notice to Claimant, addressed to the clamant as shown above, ►aced: JOHN SWEETEN,CLERK By � Deputy Clerk Cla;.m to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Clai= relating to causes of action for death or for injury to person or Lo per- sonal property or growing craps and which accrue can 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 I, 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 mist be presented not later than.one year after the accrual of the cause of actions. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Rohm 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Ecard of Supervisors, rather tI�an the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate ciaims must be- filed Qfiled against each public entity. E. Fraud. Sep Penalty for fraudulent claims, Penal Code Sec. 72 at the end of t'ais form. RE: Clain By ) Reserved for Clerk's filing stamp ., R Jug) Against the County of Contra. Costa ) or ) JA 12003 > istrict) `Ci_E�i�C[, � "R`v', 3AS (Fill in name) P�V 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 enact date and. hour) 2. Where did the damage or injury occur'. (Include city and county) kck n2 2-- 3. How did the damage or injury occur? (Clive full details; use Iextra paper if required) ' t - ,, a 4. What particular act or omission on the part of county ordistrictofficers, servants or.employees caused. the injury or damage' K•#- (over) ............. .............................. ............. .......... ....................... 7. wnar, are tne 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. /,) I ezal- I-e- fit. L.�Aap�ed r-t 4A+ _a,n�_- I e- I - 7. How was the amount claimed above compute�? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors and hospitals. _OO c--A-,1- !4edt4A t 6,1-kr 6;Z 0 0 0 t1A te 9. List the expenditures you made on account of this accident or injury: =1 ITEM MOUNT Gov. Code Sec. 910.-2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or b,v_some person on his behalf." Name and Addres of Attorney (Claimaht I s-3 ign-at&C 1, gr (Addreff) Telephone No. Telephone No. N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board,or ,officer, or to ary county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraud'Ulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand .($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding I ten thousand dollars ($10,000, or by both such imprisonment and fine. BOARD QF SUP RVIS CLALM QRS-DF CO S'TA COMM LIPARD AC1T0N.„ FEBRUARY 25, 2003 Claim Against the County, or DistrictGoverned 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 Cozies. } 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: EKCEED $10,000. CLAIMANT: VAIN R. IRI4N JAN 14 Z003 ATTORNEY: UNKNNNCOUNTY COUNSELDATE RECEIVED: JANUARY 13, 2003 MART11NEZ CALIF, ADDRESS: 2345 22nd AVENUE SACRAMEI }, CA 95822 BY DELIVERY TOCLERK ON: JANUARY 13, 2003 BY MAIL POSTMARKED: .I2NHARv 02 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, JANUARY 14 2003 JOHN SWEETEN Cl r Dated: By: Deputy. .. II. FROM: County Counsel TO Clerk of the Board of supervisor's (,„ fihis claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 914 and 910.2,and we are so notifying claimant. The Board cannot act for 15 days (Section 914.8). ( } Claim is not timer filed. The Clerk should returnclaim 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). (i)''&er: u t? y , 14,71 64.,Q 7k A:LIV14 4L'�Z41tie= Dated: L/' 0 By:` Deputy Count 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: (X) This Claim is rejected in full. ( ) Otger: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. FEBRUARY 25 2403 Dated: JOHN SWEETEN, CLERK,By ,Deputy Clerk WARNING(Gov. code section 913) 10 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: FEBRUARY 26, 2403 JOHN SWEETEN,CLERK. Deputy Clerk dn, CLAIM ROAM QF SUPE VIS OF CONTRA Q2STA COUNTY BOARD ACTIONil f •rl11ii1MRUARY 251 2003> IY�I�illIY- /iYl 1 Claim Against the County, or District Governed by ) the Beard 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 Cosies. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to GovernmentCode Section 913 and 915.4. Please note all"'`Warnings". AMOUNT: EXCEED $10,000. CLAMANT: VAN R. IRION ATTORNEY: UNKNOWN DATE RECEDED: ,JANUARY 13, 2003 ADDRESS: 2345 22nd. AVENUE BY DELIVERY TO CLERK ON. JANUARY 13 2043 SACRAMENTO, CA 95822 BY MAIL POSTMARKED: JAMIARV 09, 2OL3 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JANUARY 14 2003 JOHN SWEETEN Cir ', 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 910.0. ( ) Claim is not timely filed.The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( ) Cather: 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. ; ) Otger. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. )aced: JOHN SWEETEN,CLEM By ,DSputy Clerk WARNING(Gov. code section 913) >ubject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited n the mail to file a court action.on this claim. See Govenunent 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 mmediatel . *For Additional W!Min 'See Reverse Side of This Notice. AFFIDAVIT OF MAILING declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United hates, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully )repaid a certified copy of'this Board Order and Notice to Claimant,addressed to the claimant as shown above. )aced.: JOHN SWEETEN,CLERK.By Deputy Clerk _.. _........ ..._.......__.. ... _...._. ......... _.._..._. .._... ._...... __... ........ ....... ........ ....... ........ .......... ........ ....._... ....... January 9, 2003 Van R. Irion 2345 22nd Ave. Sacramento, CA 95822 RECEIVED JAN 1 3 �u�� Contra Costa County Board of Supervisors �s BOARD rSUPERVISORS 651 Pine St. Room 106 CONTPA COS A CO, Martinez, CA 94553 Re: Claim for Damages To Whom It Concerns: This is a claim for damages pursuant to California Government Code Sections 900-965. On January S, 2003 I discovered that veterans who applied for the position of Firefighter with the Contra Costa County Fire Department in the summer of 2001 had been systematically and intentionally discriminated against. This discrimination manifests in two distinct ways. First, the methods of"band certification"described in the Contra Costa County Personnel Manual § 605.3 systematically eliminates any advantage imparted to veterans via the addition of "veterans points"to their test scores. By certifying all names in a band"without rank or score"veterans who score higher by virtue of their veterans points lose all advantage. Second, individuals involved in the interviewing and decision-making process in selecting candidates from the hire list intentionally excluded veterans from consideration. This fact is evidenced with a simple examination of the resulting jobs offered by the county. Information provided by the Contra Costa County Personnel Department shows that while 16 of the 80 candidates certified on Hand A were veterans, only 1 veteran was hired out of the 23 individuals recruited. Probability calculations prove that the odds of randomly hiring 23 individuals without selecting at least 2 veterans out of this pool is less than I%. This leaves no reasonable doubt that veterans were actively discriminated against. Also note that the one veteran who was hired was an African American. This individual was almost guaranteed employment under the written standards of the Contra Costa County's Affirmative Action Policies. Further, 8 out of the top 12 candidates, based upon total test scores, were veterans.None of these individuals were hired.. 14 out of the top 40 candidates were veterans. None of these individuals were hired. Again, the odds of these results happening absent active discrimination is a matter of undeniable mathematics. Veterans represented 20%of the total pool of A Band candidates. Selecting candidates randomly from this pool gives an 80%chance of hiring a non-veteran. However, the odds of selecting two non-veterans from this pool is calculated by multiplying .8 times .8 (80%©times 80%),which gives a 64%chance. Using this well- established method of calculating simple probability,the odds of randomly hiring 23 individuals out of the given A Band pool and only selecting one veteran is significantly less than 1%. Actual probability, adjusting for changes in the pool after every selection, is a much more complicated calculation, and gives an even lower probability.' I am a veteran who was certified in the relevant applicant list for employment consideration. I was not offered employment due to my status as a veteran. This violated my civil rights. While malting no specific allegations against any of them at this time, to the best of my knowledge, the following individuals occupied the following positions for the County during the period between September 2000 to June 2002, and/or were involved in their official capacities with the hiring process for the position of Firefighter. Leslie T. Knight, Director of Human Resources Eileen K. Bitten, Assistant Director of Human Resources Keith Richter, Chief, Contra Costa Fire Protection District/Affirmative Action Liaison Web Beadle, Personnel Officer, Contra Costa Fire Protection District Damages incurred from the actions of the County exceed $10,000. Litigation arising from these events will,therefore, be in the form of an unlimited civil action falling under the jurisdiction of California Superior Court. Any and all notices regarding this claim should be sent to Van R. Irion at the above address. I can also be contacted by phone at 916-453-8596 or by email at vririon@regenbiotechnologies.com. Signed, Van R. Irion January 9, 2003 � m €o < oz C3 Ca », n n C.3 C3 0> Ln .+...Mr.:.r..... z;F iiI .�w'l t :» 03 p it 0 -� o > 00 a y c �n wey j p �p wv Cl) iwr t oirrr,rrr�ri�. 1 acc �rs.3 W C7: CLAIM BOARD OF-SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: FEBRUARY 25, ,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: UNKNOWN JAN 1 - Z003 CLAIMANT: LEEGIRDIA SCOTT CCOUN k{cL MANTWEZ i s o ATTORNEY. MARTIN G. OCCHIPINTI, JR DATE RECEIVED: JANUARY 15, 2003 ADDRESS: LAW OFFICES OF LEONARD S. BECKER BY DELIVERY TO CLERK ON: JANUARY 15, 2003 1.728 B STREET, HAYWARD, CA 94541 BY MAIL POSTMARKED: HAND pELIyMED BY LEONARD S. BECKER FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: JANUARY 15, 2003 $ �� SWEETEN, C� " By.- Deputy II. FROM: County Counsel TO: Clerk of the Board of Superv' ors (�.)/This claim complies substantially with Sections 910 and 910.2. { } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days(Section 910.8). { } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( } Other: Dated: t --e13 �- By: ` - r 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: (X) This Claim is rejected in full. ( ) Otge-r: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. FEBRUARY 25 2003 � 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 Beard Order and Notice to Claimant,addressed to the clamant as shown above. FEBRUARY 26, 2003 f Dated: JOHN SWEETEN, CLERK By Deputy Clerk CLAIM BOARD QF SUPERVISOR OF ONTRA COSIA COUNTY BOARD ACTION: FEBRUARY 25, 2003'' Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Beard 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". 4MOUNT: UNKNOWN CLAIMANT: LEEGIRDIA SCOTT ATTORNEY: MARTIN G. OCCHIPINTI, JR DATE RECEIVED: JANUARY 15, 2003 ADDRESS: LAW OFFICES OF LEONARD S. BECKER BY DELIVERY TO CLERK.OTT: JANUARY 15, 2003 1.728 B STREET, HAYWARD; CA 94541 BY MAIL POSTMARKED: HAND DELIVEgM $Y LEONARD S. BECKER FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, C Dated: JANUARY 1.5, 2003 By: Deputy._. .1. FROM: County Counsel TO: Clerk of the Board of Supervitfors 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 Clerkshouldreturn 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: )aced: By: Deputy County Counsel II. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) } Claim was returned as untimely with notice to claimant(Section 911.3). V. 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. ?aced: JOHN SWEETEN, CLERK,.,By , Deputy Clerk WARNING(Gov. cede section 913) ubject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited i the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an ttorney of your choice in connection with this matter. If you want to consult an attorney, you should do so nmediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United tares, over age 18;and that today I deposited in the United States Postal Service in Martinez, California,postage fully repaid a certified copy of this Board Order and Notice to Claimant,addressed to the clamant as shown above. rated: JOHN SWEETEN, CLERK.By Deputy Clerk LEONARD S. B'ECKER ATTORNEY AT LAW WILLIAM D. GIBBS 1728 0 STREET 2010 CROW CANYON PLACE 6f GtSUNSE:i,. HAYWARD, CALIFORNIA 945 41-3 102 SUITE 110 TELEPHONE(5tO)$e6-199$ SAN RAMON, CALIFORNIA 94583-1300 FACSIMILE(510) 538-5O89 (925) 8.37-8900 L.S8ECK.ERLAWQA01_.00M January 14,2003' Hand De '-vered .- Clerk of the Board of Supervisors E ' County of Contra Costa JAN 1 5 2003 County Administration Building 651 Fine Street, Room 106 Martinez, CA 94553 Re: Our Client\Claiman:t: Leegirdia Scott Dear Clerk: This office represents Leegirdia Scott,the above-named claimant. We have completed the required Claim form on her behalf, which is enclosed. It is my understanding that notification in response to the enclosed Crim will be mailed to this office once the Board of Commdssioners'of the Housing Authority have reviewed it. If you should have any questions regarding this matter, do not hesitate to contact the undersigned Your anticipated cooperation is appreciated. Sincerely, LAW OFFICES OF LEONARD S.BECKER. By: `} Leonard S. Becker LSB/ry Attorney at Law Enclosure Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987,must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than 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, either by mail or in person. 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 Leegirdia Scott r TA Against the County of Contra Costa or FIJAN 1 '5 2003 �%i i'�'aI;v 1 The Housing Authority of Contra Costa (District) � _CrT , wv7 3. (Fill in name) The undersigned claimant hereby makes claim a aainst t& Coynty of Contra'Costa or the above-named District in the sum of unknowif atin support of this claim represents as follows: Injury occurred on July 27, 2002, in the morning hours 1. When did the damage or injury occur? (Give exact date and hour) `2,100 c 2. Where did the damage or injury occur? (In c ude dity an coin ) Claimant slipped and fell on refrigerator water leak. 3. How did the damage or injury occur? (Give full details; use extra paper if'required) Failure to r 4. What particular act or omission on the part of county or district of vers, servants or employees caused the injury or damage? ctmform Unknown at this time, but the County has this information. S. What are the names of county or district officers, servants or employees causing the damage or injury? Fractured right-hip (r red surgery) ; pain and sufferin . 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attached two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimatedamount of any rospective in or damage.) utter Delta. Hospital; Dicamnd Midge Rehab Center, 2351 Loveridge Rd. , Pittsburg,, CA; and Dr. Sumner Seibert, 3903 Lone Tree Way, Antioch, CA 8. Names and addresses of witnesses, doctors and hospitals. Unkncwn at this time. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOL NT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICE TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Martin G. C►cchipinti, Jr. (Claimant°s ignat J.n • OcchiPinti, Jr. , Leonard S. Becker Attorney for Clairriant LAW (VICES OF LEONARD S. BECKER 1728 B Street 1728 B Street Hayward, CA 94541 (Address) Hayward, CA 94541 Telephone No. {sin) ag6-1 arae Telephone No. (5.10).886-1996 NOTICE Section 72 of the Penal Carie provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim,bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000) or by both such imprisonment and fine." elmform . CLAIM � / B ARD F S P RVIS RS F C NRA C STA CO 1Y BOARD ACTI(MFEBRUARY 25, ',2003 Claim Against the County, or District Governed by ) the Burd 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 nate all"Warnings". ip, C_ I � , AMOUNT: $622.63 JAN �1 4 2003 CLAIMANT: BENSON TONGUE COUNSEL MARTINEZ CALIF ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 14, 2003 ADDRESS: 3434 TUPELO DIVE, BY DELIVERY TO CLERK ON: JANUARY 14, 2003 WALNUT CREEK, CA 94598 BY MAIL POSTMARKED: JANUARY 10� 2.0€33 FROM: Clerk of the Board of Supervisors TO: County Counsel ' Attached is a copy of the above-noted claim. JOHN SWEETS , I Dated: JANUARY 14, 2003 By: Deputy II. FROM: County Counsel TO Clerk of the Board of Supervigbrs (Vy4ii'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: r. By., �-- Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2)', { } Claim was returned as untime!X with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (x) 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: FEBUARY 25, 2003 JOIN 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. FEBUARY 26 2003 Dated: JOHN SWEETEN,CLERK.By Deputy Clerk CLAIM ROAM OF S PER F C0NSTA !Q0 TY BOARD Ar t?CT : FEBRUARY 25, 2003 YfolYYlr IY MYrN�llrrrswrrrY Claim Against the County, or District governed by } the Board of Supervisors,Routing Endorsements, } NOTICE TO CLAIMANT and Board Action, All Section references arc 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 GovernmentCode Section 913 and 915.4. Please note all "Warnings". AMOUNT: $622.63 CLAIMANT: BENSON TONGUE ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 14, 2003 ADDRESS: 34.34 TUPELO DRIVE, BY DELIVERY TO CLERK ON: JANUARY 14, 2003 WALNUT CREEK, CA 94598 BY MAIL POSTMARKED: JAM=10p, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel ` Attached is a copy of the above-noted claim. JOHN SWEETE 1 Dated: JANUARY 14, 2003 By: Deputy II. ROIVS, County Counsel TO: Cleric of the Board of Supervithrs { } This claim complies substantially with Sections 910 and 910.2. { } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { } Claim is not timely filed.The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( } Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimelywith notice to claimant(Section 911.3). TV. BOARD ORDER: By unanimous vote of the Supervisors present: ( ) This Claim is rejected in full. ! } Ode'r: t I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. )aced: 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 n the mail to file a court action.on this claim. See Government Code Section 945.6. You may seek the advice of an ittorney of your choice in connection with this matter. If you want to consult an attorney, you should do so nnediatel . *For Additional Wamin See Reverse Side of This Notice. AFFIDAVIT OF MAILING declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United hates, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully )repaid a certified copy of this Board Order and Notice to Claimant, addressed to the clamant as shown above. f )aced: JOHN SWEETEN,CLERK By Deputy Clerk Claim for BOARD OF SUPEM,-;= OF CONMA COSTA COUNn IHS UCTIONS TO CADIMT A. Claims relating to causes of action for dea, th 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 ction. Claims relating to causes of action for.deathor for injury to person orto Personal Property Or Vvwing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual or the cause Of action. Claims relating to any other cause of action V= t be presented not later than one year after the accrual of the cause of action. (Govt. Code 591.1-2.) B. Claims must be filed with the Clerk of the Board of Supervisors at ts 3.in Room 106P County Administration Building, 651 pine Streett martinez,iCA 945 C. If claim is against a district governed by the Board Of Supervisors, rather than an the County, the name Of the District should be filled in. D. If the claim is against more t, .Ian 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 RE: Claim By Reserved for Clerk's filing stamp BSN KI 7bA/&ViF RECEIVED Again the t-0=1-Y Or Contra Vista } or JAN 14 2003 CLERK HO'ZF1 iO_A '10 81; F8UJPERV1S0Ar,District) CON'T'RA NTRA COSTA Co. The undersigned claimant hereby makes Claim the aagainst the County of Contra Costa or bOve-named District in the sum of this claim rePresents-as follows: and in support of 1. When did the damage or injury Occur? (Give exact date and hour) 7:30 PM /0 2- 2. Where did the damap or in (Include city and count ex, rl�471hhly-70651*) /a Ae 9 Y1- aQv CON D -A �fbj;7-A 16 P/ AY/ &r:' 7rA 3. How did the required) damage Or injury occur? (Give full details; use extra paper if 4. What Particular act or omission on the part of county or district officers, servants cr,eMployess caused. the injury or.damage? 56,6- 20/ZO*d TZt7T 922 220 1 N3W0UNUW >IS 18 999 F2:TT 2002-9T-33C What are the names of county or district officers, servants or employees causing the damage or injury? (Jct K R0&->M 71,-) /4E- 6. E5. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damW. 7k J0 AJCW At-Lay 4t.;HCELS &c,Fr - V m COL L I S t o nt. C LA reit U PV*2 6O s r` 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) PiACC r CAST'"- OF 4JHe-CLS AoJo A C. 6,Al m t m7— $. Names and addresses of witnesses, doctors and hospitals. .,Yo SA' t 7- AF7-Clz 7"-+t /99c?" 9. List the expenditures you made on account of this accident or injury: DATE ITEM AI40= 11i14IO2 At.1GAImEmT" tZ7. 89 Cc4. Corse Sec. 910.2 grovfdes; tlThe claim must be signed by the claimant SMM NOTICES TO: UttE-net some Name and Address of Attorney Cla' �+ { J AlAdd.^ess j ,,rr++ � Q Telephone No. Telephone No. 72- 5-- 1 5 i�V1 S eeee * eee * * t NOTICE Section 72 of the Pe-nal. Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to ,allow or pay the same if .genuine, any false or fraudulent claim, bill, account, voucher, or Writing, is punishable either by imprisonment .in the county jail.,for a period of not more than one-year, by a fine of not exceeding one thousand ($1,000), or by both such imorisoriment and fine;-or by imprisonment in the state prison, by a ',fine of not exceeding ten thousand .dollars ($10,000, or by both such imprisonment and fine. 20/20'd T EV T SIM Sc 6 iN3401lNUW AS IN DOO 2£:T T Z002-9T-D20 �� >� t !I� �� F .r!✓. �$,Gf'�.-0� � 4 4 'Fr � G yrs y. r �� fi�,a ' } Y { F r s �'x"�. ! �.~ v..� .s`'�u�� •5x�'".�uC4,ii�,'+v� > �� S"t'� :, .f r F 3n h. +r r!r.. `+". x y NIP �.�?/",ra �� '� Sn{ � ,�„ � •� ffi{ � ?�y+n ,o .� ,� � .�; `rJ•`��o-fx�kii, ^ /f ............ zoom,fF �N�"'J'�ia. 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".'£ .t:, a�'�¢��h� ,<„ �,� �x x.�Z W°rr. ..��"1�,.�"' �{ f'yn,✓�T„G ✓z �' Yr✓ "- � r `'� ;.`'� T'r 11ZZZ�> S� f f > � { •.� k � 7 �� v rF✓�� r +r r f Sa �5"u '.. � < 5 :"r¢ ��nZ�F�i'`x'r} /';r�r rte', %��°. -0 `yt ! „?rr"yi. t,. ;� rJ ::✓'� t/`Ty�;� ! _sr�t t �"i"�f ° � y *` x ��`yrkx��jrr� i✓r.,5�'T."r*L fff `1 ✓ r � t }Fr i�{G�}> is '� ✓ ✓2 - r /}�f 6 L'+n�� r f `� 5.L ^'.i.G i"{''fit 1..{ ✓< t✓ ,',.,F •�' slow ✓ r 'rq ✓r/rrt 9r`" :5 f""„T r r 5 tr r «- r `` x;:kF rc y i r k " f �}f f yr -0G{ `J t F t. { ✓ <t{r •Y r: „� T✓ r' tr f✓ . `5£x'0$ t �x�aG r KF 4 /,.{t <y r"rT £5,.✓ktr :}'„T4 { } `; �. yr x r ✓ y -, �� : ✓ ,. � � r. .. FF!'" F s"frn.� � "� } y� �fi y� x �r}f f f.r,�,"'',�,G�,'y,''!< �.. 'yF� � �,f } x r °^"G WX f. { h F `+' rys iG !. `� { Y ✓.G'f': 15i i 5 ,r s: </ 9 <7xr ✓,,,'� r rc`r Liz., � �Yas � x x`�� z,4..r r l $ f .H � r ��t��Y'ut'+`F"r,w £f r ,.�;r�y�yc ,��'rn �� ✓��'.., � �✓T ��' �✓Tx f 'Su��G� nn Jt-0� }r F`r not Ig s} t Map. .t""r°•{A m M, •x " 7RE MK 1A V E P.r... 7101 Vorden Parkway 6 1.^86 5 801 i Z18/02 2 South Send,IN 48828-8422 FVRQhAst:OADE NUMBS Phone. 590 287-2345 8Q0{8j 428.8355 Curast"W Smvl Ext.360 Fax:(574)236-7707 BILL TO: SHIP TO; 0568087-000 0.568087-000 TONGUE, BENSON H, TONGUE, BENSON H. 3434 TUPELO DR 3434 TUPELO DR WAL14UT CREEK CA 94596 WALNUT CREEK CA 94598 2739 SHIP METHOD: UPS GROUND SHIP-TO PHONE: 925-330-1644 OA6ER DATE SALE REF!NAME l PH E1Cf 7ERM9 MAKE,MWt AND YEAR wHsc 22/18/02 'HOUSE VISA RN PART NUMBER QUANTITY QUANTITY DESCRIPTION UNIT EXTENSION ORDERED SHIPPED PR 5851738985 2 2 17X8.5 5.320 BMW ET38 BRE VIF 239;00 478.00 38527389 TOTAL THIS GIRDER 478.00 FREIGOT C4G/ALLv, 26.74 }i TOTAL AMOUNT DUE 1494,741 weight 53 � ALL PAST DUE ACCOUNTS ARE SUBJECT TO A FINANCE CHA80E OF 111,%PER MONTH,WHICH IS AN ANNUAL PERCENTAGE RATE OF 18%. 1 �"` i t � .,. _ ._ � .. KK nar,. "3 a �: ' &'+-�.': �' x. '�� { : #� .. .��, � � s � �� f ;� � 3 s Y tr f k r �,y �' 3 e;w } h� { rx �" / .� Y t f f r �� . �� S ( } i �, " ttt 3 �� Benson H. Tongue 3434 Tupelo Dr. Walnut Creek, CA 94598 925 935-6415 January 10, 2003 County Administrator Risk Management Division 2534 Arnold Drive, Suite 14€1 Martinez, CA 94553 Dear Sir, Herein is an explanation of the circumstances surrounding the damage to my vehicle. I was traveling west on Treat Blvd with the aim of picking up my son at the Pleasant Hill BART station. As is usual, I pulled into the rightmost (turn only) lane that feeds onto Jones Rd. Immediately after doing so I felt a very severe pair of bumps as my car's left wheels hit a huge pothole. The road surface was clary and, moreover, the hole was filled with water, making it impossible to distinguish from the other areas of standing water due to the rains that had fallen during the day. I returned to the scene during the daytime and photographed the pothole that I hit as well as two others in the same locale. Interestingly, as I went by in order to photograph them I noticed another car being towed away from just inside Jones Rd, almost certainly another victim of the potholes. By the time I had parked and returned, however, the tow truck had already left. Two photos are enclosed. I do not know for certain but it seems likely that this pothole was caused by construction. The outline was very rectangular_ not circular. It looked like a man-made excavation for some purpose- accessing pipes,or some such thing- which was insufficiently repaired. The particular omission on the part of the county was allowing such a destructively large hole to remain in existance exactly where a car's tires would have to travel in order to exit from Treat. A hole of that sort should not have existed -it should have either been properly filled, covered with a plate,or the area should have been roped off. None of these were present. I returned to the spot two days later (a Monday) and noted that nothing had been done to repair the damaged road. I called Walnut Creek and then the County offices to report the damaged road and by the end of the day it had been filled in. The wheels had been on my car for about three weeks - they were in new condition. I have them at my house in the event that you would like to examine them. After the accident I ordered new wheels to replace them. In addition, I brought the car in to Tires flus in ordex to have the alignment checked and repaired. My car had been purchased just before purchasing the wheels as a Certified Pre-Owned vehicle. Part of this certification verifies that the car is correctly aligned - hence I am confident that the large degree of misalignment found and corrected by Tires Plus was due to the same accident that dented the wheels. I have enclosed receipts from The Tire Rack ($ 494.74 for the replacement wheels) and from Tires Plus ($127.$9 for the alignment). The total expense is $622,63. I would appreciate a check being made out to me and mailed to me at 3434 Tupelo Dr., Walnut Creek, CA 94598. Thank you for your attention to this matter. Sincerely, Benson H. Tongue _ CLAIM y t BQAMOF s ray RF CONTRA COSTAC 130A ZRnAw.. O:FEBRUARY 25, 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 ro Board of Supervisors. (Paragraph IV below), given ip Pursuant to GovernmentCode Section 913 and JAN 2 : 20 � ` 915.4. Please note all"Warnings„ AMOUNT: $2,191.44 COUNTY COUNSEL IMARTINEZ'CA'JF, CLAIMANT: DANVILLE VILLAGE CARE CENTER ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 22, 2003 ADDRESS: 336 DIABLO ROAD BY DELIVERY TO CLERK ON: JANUARY 22 - 10Q3 DANVILLE, CA 94526 BY MAIL POSTMARKED: LANUARY 21. 2003 FROM. Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JANUARY 22 200.3 JOHN SWEETEN, Cl k Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( this claim complies substantially with Sections 910 and 910,2. ( ) This Claim FAILS to comply,substantially with Sections 910 and 910.2, and we are so notifying claimant.The Board cannot act for 15 clays(Section 910.$). ( } 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: J ' . De uty County Counsel M. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present. ()} This Claim is rejected in full. ( } Oar: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. FEBRUARY 25, 2003 Deputy Clerk Dated: JOHN SWEETEN,CLERK,By a P tY WARNING(Gov. code section 913) Subject to certain exceptions,you have only six(6)mobth•s 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 clamant as shown above. Dated: FEBRUARY 26, 2003fO SWEET,CLER,I By ` Depu Clerk ry CLAIM B!2ARD-QF SUPF VI§QRS,OF COnRA COSTA C012 UT BoAg . 3 ,p AC110i:LEBR.UARY 2% 200 Claim Against the County, or District Governed by the Board of Supervisors,Routing Endorsements, NOTICE TO CLAIMANT and Board Action.All Section references arc 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: $21191.44 CLAIMANT: DANVILLE VILLAGE CARE CENTER ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 22, 2003 ADDRESS: 336 DIABLO ROAD BY DELIVERY TO CLERK ON: JANUARY 22, 200 DANVILLE, CA 94526 BY MAIL POSTMARKED: JANUARY21, 2002 FROM: Clerk of the,Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JANUARY 22, 2003 JOHN SWEETEN, C�l Dated: By: Deputy_ ,, II. FROM: County Counsel TO: Clark 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_C*laim,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, DppH!y CqunCounsel Ill. FROM: Clark of the Board TO; County Counsel(1) County Administrator(2) ( ) Claim was returned as]M:!itely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. Oyer: 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) molfts from the date this notice was personally served or deposited .n the mail to file a court action.on this claim. See Government Code Section 945.6. You may seek the advice of an ittorney of your choice in connection with this matter. If you want to consult an attorney, you should do so mmediatelx. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United Mates, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully )repaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. :)ated, -JOHN SWEETEN,CLERK By f Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIIViANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100' day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must he 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 Iater than one year after the accrual of the cause of action. (Govt. Code§911.:. ) S. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street.Martin=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 Sem 72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp / / Against the Countv of Contra Costa 2 2 �UUIJ org CLERI(CON�At1Ct38IA District (Fill in Name) The undersigned claimant herebv makes claim against the County of Contra Costa or the above named District in the sum of S� r�), and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact nate and flour ;. Where did the dainaye or injum occur? (Include City and County) A�L�Ji:�. ------9-10-C --- 3. Hove did the dainage or in jury occur? (Give full details:use exm 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? ol eC/ (Over) -attU put,juatnuosiidtat cans loq �qto 1( 000,01S sirllop pursnoqj a;n'0'UiD=% OUJO a I . auU v aq luosud mins ;)ql ui juatnuosudtalSq lo,�-aug q pur juatnuosLidmi Bans tpoq -iqjo 1( 00(rIS) slcllop pursnotp auO 2ulp;)Qax;; IOU 10 auu r : q I.Irai auO Urqj alom iou jo po!iad v .to; I!v f imnoa aqa ui juatnuosudait iq xaqi!a alquqstund si tur jp.-A to .xaq-anoA ,.uno:y3v IlLiq-tumia laoinpne.ij ao aslvj iuv 4auinuatb j! atuts jq4 tiVd lo .9koor ol pazuotpne 4a:)Wo so paroq l:)pjs!p ao .ia!:) .uunoa Cur 01.10 1.1;*UjO 10 pjroq aims iwr 01 luami-edloj.to aourwoHrioj nuasaud�pvcrjop of juaiat ql!Ai ioqtA uos.Lad iWA3., :sapsaosd apo:) rguod;)ql jo ZL uoizaaS a D i -L o z 3 ;)Uoqd;al:al -oauoqdala is;)Ippv avarutiS s.jurunrj:> CaujouV jo ssaippV pur aura, siq ao uo,,qj;)d atuos -iq.10 (-iauaouv) �oL muo-K QN,3S lur luml:)aql Cq pailils aq imtu mtrl:);)ql" :sap!.tojd-16-016 -nS 3POD 3.Lva :,Cinfui so 3u,4ploor slip jo junont, ao apetu nog samutpuad%aaq;Isirl '6 ----------------------------------------- ------------------------------ ---------- ------------- -------------- -------- --- ----------------------------------- ---------- ;painduxo:) iunoum patumiz ;;Aoqr;;ql Mia-aag ------------------------------------- ------ --------- ------------------------------- joi -PaWTCP Sa.'etunp.10 Saunfuj jo iu;ltxa Im tumlz non op, &-aunfut .10 SQ'029M - VP IMM '9 ----------------------------------------------------I------------------------ ------- t I Liinfut.to Aarturp aip Sulsnt-:)saagoldura.10 Sllmias S.Iazljjo ppuz .p.iokjuno3jo sammuatp air IZAA& DANVILLE 'VILLAGE CONTRA COSTA COUNTY EUCALYPTUS TREE INCIDENT 12131/2002 On 12/31/02 in the early morning hours a eucalyptus tree on the bank of a water drainage running behind our facility broke and a large portion fell on the north end of the building. One of the rogue branches pierced the overhang on the building and smashed in a resident room window. Had the curtains not been drawn the resident sleeping in the bed near the window(a frail elderly gentleman) may have been seriously injured. Another part of the branch crushed a large canopy used for protection from the elements on the patio near the building. This was not the first problem we have had with this eucalyptus tree. There have been similar incidents in both 2000 and 2001—luckily there was only minor damage with each occurrence. With each incident we have asked the county to remove the tree or at least trim the tree such that this would not happen again. Both times they have denied our requests. When the tree broke in 2000 and 2001 it left the rest of the tree extremely unbalanced. This is the reason we asked for it to be trimmed or removed. We knew that it was only a matter of time until the rest of the tree gave way. We have made a similar request this time and have received a negative response. The county employee stated that if they `cut down a tree every time a limb fell then there would be no trees left.' This is not a satisfactory response when the lives of this county's elderly are at stake. This tree also lumes over a frequently used patio. The damages incurred by this nearly tragic and very costly incident need to be made by the county and the tree must be removed to prevent any future breakage that may end up taking a life— which can not be replaced. 4 $ r 1 } r a , } r f ? 1?1> ff :. t 1<F Y i. +Y r. r } + X{ { : {:} n:4i{4 y ja J� Y J E. 1 ':... Y } { {r; > .{. J' a.. ti f �. co N �� C*A 10000 � CU o � � c 0 0 1-02-203 1 :33AM FROM CORNE=LLROO I NG 92S682586S P- 1 Fax ovr' Sheet P.O.BOX 21372 Concord, California.94521 925 682.3473 Fax number:925 682-5365 Sena to: Michael Lovato From: Kenn White President. Attention: Mr. Lovato Date: January 2,2003 C#fc� Location: Office Phone:925 682-3473 Fax Nl-,mber:837-4629 Fax Phone: 925 682-5865 G Urgont Q Repiy ASAP Cl P':ease commerit Q Pease Review * por your Information Totapages, including cover: —3— Comments: Mr. Lcvnto, if you have any questions, please contact me at the above listed number. Thank You, Kenn FROM CORNELLROOF I NG 925882988E P. 2 CORNELLROOFING COMPANY, INC. PSD."v8V S A*M COtItT"ACAM LXX44W Phtt �M P January 2> 2003 Micheal Lovato 336 Diablo Rd. Danville, Ca. 94526 re:Roof Repair Dear Mr. Lovato Remove shingles where tree fell on roof. Remove 72 lb cap sheet and 30 lb felt. Remove the sheetrock. .and plywood. install new plywood. Install ? " sheetrock Install 30 lb felt . Install 72 lb cads sheet. And black 34 year Composition Shingles. Replace 32 feet of 54" Aluminum Gutter PRICE $ 1,285.00 THIS REPAIR WORK WARRANTS "NO GUARANTEE" AGAINST FURTHER LEAKAGE. X AU'THORI ZAT I ON X _ DATE Ken th to Preside Cornell Roofing Co. . Inc. FROM CORNEL.LROOFI NG 9256825866 P. 3 � IN Better Business B ( I)601511 • vnm.G0WmG*BBBorg . 2001 BBB Honor Rall Kean wliite Cornell Rwfing Cly, 3291 Monuxnent Way Consoled,,,CA 945 18 ;m Manartwnefr, The Bract Business Bureau s n5 A.lmm* San Frwiwo,Contra Costa, Marin, btapa„ Salano, Lake, Sonoma„ Mendocino, Tfinity, Humboldt and Del Nom Counties processed 13,032 complaints in 2001. OUT OF ALL THOSE ONPUTM YOUR COMPANY RECEIVED NOW We offer. our congratulations to you for accom�plishi a year of outstanding customer service. The B13D commends your conplaint free states and realizes that ttds milestme deserves to be recopized. We are comms tcd to bugnesms such as yes, and are happy to annotwo you"ve carte die BBB's "Honor ll" award. We encourwe you to disosy it so your custorn►ers can see your achievementi On-going independent surveys comstently reveal 3 out of 4 counw2ers prefer to do business with a Beater Business Bureau amber company. Imine your potential custonv?s owfidenco in, doing business with a complaint ftee BBB mebe,rf Be sure to let your cusWmem know! Congratulations on your suds± ShWAftlyt e i�. Patrick sil€�e l�iclen� 510%wk& s**0AW4 CA 94 IZ I 4 s xa V' All 1AVA .� ogz, �_ 0 Z.0' `� GP1010 - Garden Party - Hoover Pence Co. -greenhouses, tarps,portable garage, car ports, Page 1 of 2 REE SWAN0130 DAY MONEY NW A'.,. YV�'P tRJT t11 tdYRF .. �/�y,.� qy, yp �r.�pyy�+ Rpn�,yb�yiS�4�iyVFhyA,��lk�f81yC�E Il'tA0T�31T-R-NMXOM Y1 HIJtJ ERFE'[h�s�.A�.te l:" U� OOVERFENCE.COM w } 1s 4 E pa r _ .. FOR f?iEt.ty+ER 4° Product List GP1010 - Garden Party Parfabie_SheEters Index Pup Tent ffenrigi Shade cover) 1ox2o uniersa!Canopy Zipped up, the screened sides keep 16x2o Qjj nal Perna Canopy mosquitoes at ba Tied back the €et 10x20 Gothic Arch Canopy y y 10x20 Arch Roof canopy guests move about freely. The cover is i 4 10x20 Multi-Purpose Canopy 100% polyester for a more formal look. 9x18 Car/Boat Canopy I rir 10x10 Cabana ' 10x10 Garden Party 10x10 Porrtabte Greenhouse Convertibe_Hammock/Chairi�u¢.i' Price includes FREE SHIPPING Sp@C e • Size: 10' x 10'x 6-6"side height • Frame 1-3/8"diameter -- • Colors: Burgundy, Green, Blue Avvtfnh td' • Screened sides are completely removable! 13- Haight a`6'. c HVIght a,$, • With 4 legs and 1 year cover io' • 79 pounds • This item is not water-proof. Purchase the CT1010 (below)and install it under the normal colored cover for a rain-proof shelter' • Click the image at right for a larger picture. • $atop Instructions • Setup Drawing • This price includes free shipping to the 48 continental states GP1010 Green Garden $282.00 Add-ta_Gart[ View-Cart GP1010-BLUE Blue Garden Party $268.99 Add to Cart 11 Vtsw_Cart GP1010-13UNG Burgundy Garden $26999 Add t�Cart -..ew_CartPar I Additional Items (Add-ons or replacement partsl(Snrryu stitutions) GPT10G 1 Year Cover wiscreens, Green $$9.99 Add to Cart 11 Vew_Cart Top and Green/White striped legs GPT10B 1 Year Cover wiscreens, Blue $89.99 &d t dart 11 View Cart Top and Blue/White striped legs 1 Year Cover w/screens, GPT10R Burgundy Top and $89.99 Add #o Cart 11 View Cart Burgundy/White striped legs White Polyethelyne 1 Year Cover CT1010 (CPAI-84 Fire Rated)(Water- $46.99 &".10.Cart(I View Cart proof) A4100 4 piece Anchor Kit(screw-in) $34.95 Adcl._to Cart II View Cart http://shopl.hooverfence.net/portable-shelters/gp101O.htm 1/15/2003 GP 1010 -Garden Party - Hoover Fence Co. - greenhouses,tarps,portable garage, car port;... Page 2 of 2 C-BAG Carry Bag with full length zipper $34.95 Add-t Cert 11 Vlew.Cart i=L7OT 6"Metal Foot with thumbscrews $9.99 Add to Cart(j View Cart All content 0 Hoover Fence Co.2000 P.O.Box 583-5531 MoCiintocksburg(fid.-Newton Falls,Ohio 44444 {330}858-2335-(330)-358-2824 fax-(800)355-2335 sales only salesehooverfence.com http://shopl.hooverfence.net/portable-shelters/gpiOlo.htm 1/15/2003 BJ1 -Multi-Purpose Canopy - Hoover Fence Co. - greenhouses, tarps,portable garage, car f Page 1 of 1 FREESHIPPINGt 30 DAY MONEY u.... 13ACK GUARAWEE t� M0�?49R N .0 0M NCM3 1 .t t .aw,*w !'Cit P. ria +S' 0ERFEWEGt3M FOR DELIVERY Product List BJ1 - Multi-Purpose Canopy Portable Shelters Index Pup Tent_Kenne}$hsde Coyer 10x2o universal Copy Planning a party or a cookout? Here is the 10x20 Original KEna Qanopv #tem unit. It offers a mesh 10x20 Gothic Arch Canopy temporary 101?5 o Arch_Roof CARpy shade cover and a temporary rain cover for 10 o Mufti-PIjose cano inclimate weather. It is also great protection 9x18 Car/Brut Canopy 10_x10 Cabana for poolside parties, children's play to 10G Garden Park equipment, and many other needs. Quick 10x10 Portable Greenhouse Assembly! Bath covers attach to the Plastic Convertible Hammock/Chair Foot Pads provided. (The Rain Cover is intended for temporary use only) Price includes FREE SHIPPING Specs . 99 pounds + 10'-8" x 20'x 6-8" side height - • Frame 1-3/8"diameter A WWift . With 6 leas and one year Mesh Shade Cover and a e Skk He®UM c QMW Height WWI Rain Cover Length r Click the image at right for a larger picture. s This price includes free shipping to the 48 continental states • $272.99 . Add to Cart 11 View Cart Additional items {Add-ons or replacement_parts}{Sorry, no substitutions). RC1020 Rain Cover, opaque $".99 Atfd to Cart 11 Vlew_Cart PEMESH1020 Gray and White Mesh Shade $84.99 Add to Cart 11 View Cart Cover A6200 6 piece Anchor Kit(screw-in) $39,95 Acid-1 Cart Ij View Cart C-BAG Carry Bag with full length zipper $34.95 A40-to-Cart 11 View Cart PFt3GT Plastic Foot(ea.) $6.99 Ad:.d.._to Cart Il View Cart FOOT 6" Metal Foot with thumbscrews $9.99 Aid tOCart 11 View-Cart (ea.) All content @ Hoover Pence Co.2000 P.O.Box 563-5531 Mcclintocksburg Rd.-Newton Falls,Ohio 44444 (330)358-2335-(330)-358-2624 fax-(800)355-2335 sales only sales@hooverfence com http://shopl.hooverfence.net/portable-sheltersibjI.htrn 1/15/2003 Pre-order Now Page 1 of 1 m ' .c Interested in this item? Select your price and condition, and if we find a match we'll ship it to you directly! Our sellers load used and refurbished inventory every day. Even though no used copy is available right now,you can get in line for a copy at the price and condition that works for you. Your credit card will only be charged when, and if, a suitable item becomes available. We'll forward your shipping address directly to the seller and the seller will ship the item to you. Thanks for your pre-order. We hope you get what you're looking for! You Are Pre-ordering: Fiskars Enviroworks 89019 Cool Shade_Cano _y Shipping weight: 29.03 pounds. ASIN: B00005A3KL Select the minimum condition you will accept for the used item you would like to purchase Please choose from the list below. Read more about condition_imidelines. Condition: jAny Set the maximum price you're willing to pay for this used item More about pricinand fees. List price: $249.99 Arnezon,com price: $249.99 Suggested maximum price: $224.99 Enter your maximum price: $ How long should we look for this used item? Choose the length of time your order should remain active. Order will remain open for Weeks at least: _ _.... y. Conditions of Use I Privacy Notice 0 1996-2002 Amazon.com,Inc or its affiliates. http://sl.amazon.com/exec/varzea/preorder/new/BO0005A3KL/ref oor dp_ol_re/102-3914..: 1/15/2003 CLAZI E Y.t VV - °____ oARr At"'TIC3l�• F�RUARY 25, 2003 rSrrMrY+ri iu.rrnrrmrrrwrnw.r+w. Maim Against the County,or District Governed MAR 2 .l 2003 the,Board of Supervisors,Routing Endorsement, } NOTICE TO CLA RANT and Board Action.All Section references are to CL !i0 v_�E r y of this document mailed to you is your ONTPA California Crove,rnment Codes. � f the action taken on your claim by the Board of Supervisors.(Paragraph IV below), given ac +i Pursuant to Government Code Section 913 and JAN 2 2 2003 9154. Please note all"Warnings" AMOUNT: $1,000.00 COUNTY COUNSEL CLAIMANT' S NEW ADDRESS. MARTINEZ CALIF. CALIFORNIA MEN' S COLONY STATE PRISON CLAIMANT: L4MOS WAS STURGIS- J-40508 P.O. BOX, 8101 SAN LUIS OBISPO,, CA 93409-81.01 ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 22, 2003 ADDRESS: J-40508 BY DELIVER°Y TO CLERK ON: ,JANUARY 22 2003 smi ' BY MAIL POSTMARKED: JANUARY 21, 2003 FROM: Clea of the Board of Supervisors TO: County Counsel Attached is a copy'ofthe above-noted claim. JOHN SWEETEN,Clerk Dated. JANUARY 22 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.: �"��`�' ' By-, L"��` 2� �� D uty CopCounsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) { ) Claim was returned as ualtimel with notice to claimant(Section 911.3). IV. BOARD ORDER.: _ By unanimous vete of the Supervisors present: ( This Claire is rejected in full. ( ) Oth`er. I certify that this is a true and correct copy of the Board's Order entered in its minutes,for this date. Dated: FEBRUARY 25, 2003 JOHN SWEETEN,CLERK,Bx ,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''!Mwr See Reverse Side of This Notice. AFFIDAVIT OF MAILING declare under penalty of perjury that I am now,and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,California,postage fully )ropaid a certified copy of this Berard Order and Notice to Claimant,addressed to the clamant as shown above. Sated: FEBRUARY 26, 2003 7OHN SWEETEN,CLh' .BALL _y u Clerk v= 004 vcc) rn G > C a w rAZ 01 s -3� z 0 z : �� fgc� cv 000, .W a U) %ccL s m c Q,cy .c of to .. CL AI BOAM QE kUPERVISQRS OF COUM COSTA COOTY B H&ACTI,IONi,FEBRUARY 2.5,, 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 Berard of Supervisors. (Paragraph IV below), given R!AN 2 2 20103 Pursuant to Government Code Section 913 and 915.4.Please note all"Warnings". $1,000.00C3I�iTYL CLAIMANT'S NEW ADI3RES, . AMOUNT: MART1N Z CALIF CALIFORNIA EN' . COLONY STATE 'PRISON CLAIMANT: LAMS WAYNE STURGIS- J-40508 P.O. BOX 8101 SAN LUIS OBISPO, CA 93409-8101 ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 22, 2003 ADDRESS: J-40508 BY DELIVERY TO CLERK ON JANUARY 22, 2003 ' BY MAIL POSTMARKED: JANUARY 21, 2003 FROM: Clerk of the Board of Supervisors TO, County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, Clerk Dated: JANUARY 22, 2003 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (. This claim complies substantiallywith 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: 7 Dated: ' By: Ds uty Coon Counsel M. FROM: Clerk ofthe Board TO: County Counsel (1) County Administrator(2) ( } Claim was returned as untmel with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in frill. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: FEBRUARY 25, 2043 JOHN SWEETEN, CLERK, By ,De uty Clerk WARNING(Gov. code section 913) Subject to certain exceptions,you have only six(6)motths 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 immediate) . *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 tunes 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 Beard Carder and Notice to Claimant, addressed to the clgmant as shown above. r Dated: FEBRUARY 26, 2003 JOHN''S" EETEN,CLERK By Deputy Clerk PP 3 0 6 2003 CLARK OARS 0 SI3PR 'So' SS CONTRA 05'TACC r � ss/ Jrl )-/) f IV jd r E• c r� � � h m r� 0 irn 0 § � z rnb ri r o W000 V �0r nn NiO AbW cs cn ' CLAIM • iB.iMO R Ir �TI.D �NiFElliBYRilUARY 25, 2003, IIIYiYI��IiYllYillRiiiil�iYP® 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: $1,000-00 CLAIMANT. LAMOS WAYNE STURGIS ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 22, 2003 ADDRESS: J-40508 BY DELIVERY TO CLERIC ON: JANUARY 22, 2003 SAN QUENTIN STATE PRISON SAN Qt3ENTIN, CA94974 BY MAIL POSTMARKED- JANUARY 21, 2003 FROM: Cleric of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET ierk Dated: JANUARY 22, 2003 By: Deputy H. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days(Section 910.5). ( ) Claim is not timely filed.The Clerk should return claim on ground that it was filed late and seed warning of claimant's right to apply for'leave'to present a late claim(Section 911.3). ( ) Other: Dated; B DMut I County Counsel M. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2)` ( } Claim was returned as untimely with notice to claimant(Section 911.3), IV. BOARD ORDER: By unanimous vote of the Supervisors present: � ) This Clain is:rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated. JOHN SWEETEN,CLERK,By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six(6)moths from the date this notice was personally served or deposited in the mail to file a court action.on this claim. See Government Code Section 945.6. You may seek the advice of an ittorney of your choice in connection with this matter.If you want to consult an attorney,you should do so :mmediatel . *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States,over age 1$; and that today I deposited in the United States Postal Service in Martinez, California,postage fully zrepaid a certified copy of this Board Order and Notice to Claimant,addressed to the claimant as shown above. Dated: JOHN SWEETEN,CLERIC B ' De uty 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 100 'day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp Labdas RECEIVED Against the County of Contra Costa or ) JAN ®RISOFIS } c�. s A District) CgNTR (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ Joao.o,0 and in support of this claim represents as follows: 1. When did thedamageor injury occur?(Give exact date and hour) ort Sc#3€ �o,4o"Z ct cLprr'ox,WI__�111Y ?-qo AM 2. Where did the damage or injury occur? (Include city and county) AT iNtE MAINi7c.Tc-r4-riaN TAGt(. i—rY 44 MART;Nrt r. 4At {nrrc r., i1C't �r rl ;n e4C eye X C..4, C,D, �. 3. How didthedamage or injury occur? (Give full details; use extra paper if required) / 1 Ort s,� f 3o,v,Z �T � f�fo�ciWrv�Tt`Y =yoh�c talcs t�V,/c�tls Ya ajr vktr �cl� da f�.�¢;cs —Kct( ,©(tee 0 SAtl4 �"'" t ry xe.. fps l` v'�y t�rrsr�y �r�sor uAJS-*<,• J r.4-S iotd a.tl Oev f v shy 1 n.J2' d�.)' _ !/fG .r [i .StC-Ylu�tl L�`G._ EDV►'r'• cf- I / 1 d- 50-m 4. What'particular act or omission on the part of county or district officers, servants; or employees caused the injury or damage? Klf / c>rtc, !"r7+'s°�l � /f' .+s �Jrl'sa�xc/ f-�/'P�i' J t`7i� 5. What are the names of county or district officers, servants, or employees causing the damage or injury?' �tra��"ray o��r�J' i"C1,r.�J�. Aa�f;i'i1J'�'•�vY� krrk�'wcv� 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) rlw," -Y., tyNo-ty16,T 1 LO,'7}'J �'XylrN �/�ijl'f/.l fa�Cfr.t.S Gyi'�74�`lY�+� •�� J°}�dfYFd.S-� PP�� . 7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or damage.) l C u/,�� / f �'� " ,��►; �n ^A-r,1"h--,-fA eZy"Al/ 8. Names and addresses of witnesses, doctors, and hospitals. 9. fist the expenditures you made on account of this accident or injury. DATE TIME AMOL NT ;el/J 0,?— Wltl-03- ) Gov. Code Sec. 910.2 provides "The claim must be ) signed by the claimant or by some person on his behalf" SEND NOTICES TO: (Attorney Name and Address of Attorney ) (Claimant's Signaturee e v6 J OW Cae7n ,n J- � 'S�rsr (Address) ) Telephone No. )Telephone No. NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state:board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bili,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand($1,000),or by both such i nprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(S 10,000),or by both such imprisonment and fine. .::....... DOCKETNO. SUPERIOR COURT, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA PA 4TE H_ NOTICE, SENTENCE,COMMITMENT FORM DOCKET AND MINUTES t.. .:;: ...:.._DEPT.. .t DATEDEFENDANT # a ADDRESS-__.. .._.. __..__,:_._ -___.... _ .__._.____._.. ._ _. .__.__. .... .___ . __,:,. ._. w_DOB__._ RUC :. .. _.__. PROB _ DEFENSE ATTORNEY TtME WAIVED __.._. CUSTODIAL STATUS CHARGES ... _ _...: a _._. _.....- _ ......,.. _ _..r »- PROCEEDINGS ;' .✓ b..^A'_ r�" � 1 § '. _.T -1 � COURT_ t "Y4C 0 C REPORTER .UDGE _CLERK_ C� , ASSIGN. COURT DEPUTY TO DEPT...___ JUDGE REPORTER CLERK APPLICABLE ENTRIES MARKED � o § a ❑ Deft.proceeds in PRO PER A ❑ Answers true name as charged w Bench/Arrest Warrant tojlssue. x P .❑ Deft.appears ❑in custodyDef. not appearing p A Bail Set at$ °' With/by Atty./Pub.Def.A- n C Waives Ardreading of Complaint g ❑ Recalled C1 Set Aside ❑# arrtain A> �Deputy Dist.Atty. ` 9rw, a ❑ Handed copy of Complaint/Discovery ❑ No PTA Release ❑ No vol App p A Court Probation cuff. ' ",' M ❑ Deft.duty arr.❑ Video ❑ on Prob.Vic. T ❑ Hold until k C❑ Interp, sworn/oath on file N © Deft:waives arr.on amended complaint. a ❑ Ball forfeit&continued 190 days❑Ball Exon E C Non-Cert..... tf r a ,, y. [l Ba#t„forleitura.seLidetrcatecL�.,�> L7rder int.❑ Int. Coord.notif#ed' s upon}payment of fee$ ❑ Referred To:PUBLIC DEFENDER w c A ❑ Written Plea filed ©Pleads Gorily Cts ©❑ R ❑' Referred 7o:PROB. Ball Study/PPR t j_; N ❑ Pleads No Contest,Found Guilty, C # E,.❑ Referred per 13 288.1 PC❑1368 PC ❑ Pleads Not Guilty,Ct.# t ❑ ` E A,duit Pre-TrlaltPC 1000 Diversion eligibility R N A 81 ❑ Jury Trial Waived/Demanded. u R ❑ lPu1a Def.Conflict Filed,Appointed ADO P W+I, A C3 Time for Trial/Sent atved/Not Waved" `i"A0e brfxo - - for booking r. N : ❑Time for PX 10/60 Days Waived/Not Waived C ❑Vacate date of s ❑ 977 wslvsr filed [1170.6 PC f ted/oral A E ❑ In,re Iaw-notice given s ❑'Admit/Denies Priors/Refusal/Enhance S ❑ Def.mustlneed not appear ❑ Peo/Def.Motion to/for/cont.. P❑ Court Probation granted for motyr p❑Submitted with argument❑without argument ❑ Adult Pre-TriaUPC 1000 Diversion granted }❑ Granted 13 Denied ❑ Submitted ❑No Action Taken n ElProbai#orUDiversionfReinstated/MocOffe�Extended to O❑.Grounds: T Original forms in full force and effect except as ordered. 9❑ D.A.Motion to file amended complaint p 0 Deft.given/walved rights to Revoc.Hg;Admits/Denies allegations o C1Complaint amended on its face )add Ct.a , N❑Prob.Revoked:❑Def.found In violation of probation R a.violation of section ❑'Probat#on/Diversion:Terminated:Su'&essfupy/Unsuccessfulty/Denied ID E ❑ Pursuant to 23103.60VC ❑ Pay Prob.Vio.fine of$ ❑ Upon payment of finelcompletion of fall sentence", R❑ Strike the words felony and feloniously.Substitute the ❑ Criminal Proceedings Reinstated/Dismissed word m#sttertfbanor wlieteve4' appears In Complaint. Per CouAD,_„A dismiss,Complain #/101 Criminal Protecthre" mans—cued end served �°< -Iy a.fine of",$- - :_: ❑Resp Fine of �4 _ ..:_ Ydprmarithslpears.,_ .:-YL 0 " t p Pay$fo cite feeJ$25 Booking Feel$ CJA Fee 0 C3days/months/years credit ❑ Do not,use any alcohol.Do not «.;, Pay balance of fine/❑in lieu of fine❑Susp. $ after fine.M ❑ dayslmonths/years suspended go to places where alcoholic Make monthly payments to CCU P.D.Box 2528 Martinez,CA 84553 T ❑Sentence to commence N beverages are the chief Item of sale. o 114rie{825}646-1951 by ❑Serve consecutive/concurrent t; Attsnd AA/NA R y y „STC pr r e T meetings per week and present a❑ hours Volunteer work b `Fee$ N ❑with with an sentence * N G Re-ref to Level l/Leve#IUPCQDP s ❑Main Jas❑Electronic Home Detention N oaf at each court appearance. s❑ Referred to,ORC for Attorney Fee Costs of$ ❑WAP Contact CAB immediately/within 15 days e -s❑Submit to search and testing P❑ License Suspended/Revoked months/years ❑Day for day credi for time served'in apPVW(#resid4t1al,.,,60estroy❑ Return weapon E© DL310/dL309 Served❑ Advised 14607.8 CVC program.Proof by ❑Stay away from e Q Pad finkpompiy or appear on at ' ®'R£MANDED ioCounty Jail: Ordered released❑On OR ❑Promise to Appear ', C]Det.to be allowed phone calls , Ball Set irs the ainL,o#$ ❑Court Courtesy ❑ State Prison Commitment ❑ Committed to custody until sentence is satisfied#n full TO THE SHERIFF:COMMITMENT:I hereby certlfy that this is a true copy of the Entry of Judgment or Cider and Is ur authority for the execution thereof. ❑See other minute for additional proceedings. ° $ DATED: I (JUDGE OF THE SUPERIOR COURT) GRIM.MINUTES See attached additional orders. C 'woe � . r.-' � i -� .:i j ,}�� ..� is r � -.^.. f'r` � �. ,r','4' ',�, �. t. 4,i r • •. u � •�iy. �.,. N, f`��/+` AfNJl.r �fr. �� :��. f �� •� i �'•f�. ^w f� ,r.�� F,". r r:" ,rryl,�,. � ••fN"_ � f f r f%{�. } f jfkG x Si { �' ��`• :�.: f �� rfs d 4 � � {e f: {j{�, .i�j, .j rr f .f� l ± .+ffill{ .f fry'^, J %`+ {! �f o- {f'f��f '✓.�,�i'}'� 'iia fry f.f I _ fi. sem/ b{ 4r f�� {d�yft. �' {I✓� r {% f�� { { �. J �� 4 f i• f. fK y �.{ { .f. } F� J �`r �+ �r i 7f c. d �%, r rr�f. .rte` ��1 �' �"k' ':�.: frv, ��r;'. 41 T CLAIM IBQABD FR F C4 C BOARD,&Q-TI .♦� FEBRUARY 25, 2003' rrrM'�m I�IYrt�Yrlr lrilll ilrlrriii.Mii..�.K 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 sr 4!; (5 � } Board of Supervisors. (Paragraph N below), given JAN 2 4 200-5 Pursuant to Government Cade Section 913 and 915.4.Please note all"Warnings". COUNTY COUNS L AMOUNT: UNKNOWN MARTINEZ CALIF. SARAH F. , a minor, by and through, her CLAIMANT: guardian ad litem, Diana F. ATTORNEY, DAVID M. RING DATE RECEIVED: JANUARY 23, 2003 TAYLOR & RING, LLP JANUARY 23, 2003 ADDRESS: 30904 WILSHIE'R BLVD. , STE. 920 BY DELIVERY TO CLERK.ON: LOS ANGELES, CA 94024 BY MAIL POSTMARK D:77-- JANUARY 21, 200.E HAND DELIVERED BY EHSD - JEAN BURGER FROM: Clerk of the Beard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN,Clerk Dated: JANUARY 23, 2003 By: D putt' 11, FROM: County Counsel TO- Clerk of the Burd of Supervisors (t/This claim complies substantially with Sections 910 and 910.2. ( } This Claim FAILS to comply substantially with Sections 910 and 914.2, and we are so notifying claimant.The Board cannot act for 15 days(Section 914.8). ( } 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). ( C)ther° (��? c-t t c - 5 � � ;• �.. '4 t . ... • _, j/our,, ":!�,; t° I-' J t', Dated: � -� � G ' B ' D uty County Counsel M. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2); ( } Claim was returned as untimely with notice to claimant Section 911.3). IV. BOARD ORDER: ' By unanimous vote of the Supervisors present: (X) This Claire is rejected in full. ( } Ot r: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: FEBRUARY 25, 2003 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 snail 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. *ForAdditional Wpmg See Reverse Side of This Notice. AFFIDAVIT OF MAILING E declare under penalty of perjury that I am now,and at all times herein mentioned,have been'a citizen of the United States,over age 18;and that today I deposited in the United States Postal Service in Martinez, California,postage fully )repaid a certified copy of this Burd Carder and Notice to Claimant, addressed to the clamant as shown above. )ated: r JOHN SWEETEN,CLERK.ky r De uty Clerk Employment and Human Service Department Cara Costa County Date: January 22, 2003 TO: Clerk of the Board of Supervisors RECEI FROM: Jean Burger, Social Work Supervisor 3- 778 = fa!? 3 2003 CLEPK BOARD') SUPER RE: Claim against Public Entity cc, v:seRs CC. Danna Fabella, Director, Children and Family Services These Fed-Ex envelopes were delivered to the mail room at our 30 Muir Road Office today in the afternoon delivery. The mail clerk opened one of the envelopes and recognized it as a legal paper, then delivered both to the CFS clerk, Dianne Rogers. She brought them to me at 4:30 p.m. today. One has been opened and the other remains seated. l DAVID M. RING (SBN 1.51124) TAYLOR & RING, LLP air 2 10900 Wilshire Blvd. , Ste. 920 E Los Angeles, California 90024 3Tel : 310/209 4100 2 2034 Fax: 310/208-5052COA-RD SUPS VISORSt"; 1 presently unknown, but which exceed the jurisdictional limits of the 2 Superior Court, based upon the following: 3 1 . In May, 1993 , claimant Sarah F. was a miner, then age 4 4 years old, having been born on October 28, 1988 . Diana F. was and 5 is Sarah' s mother. Diana reported a suspected incident of child 6 sexual abuse involving Daniel Farinholt (an adult) and Sarah F. The 7 report was made to Contra Costa County Child Protective Services 8 and/or Contra Costa County Department of Social Services 9 (collectively "CPS/DSS") . 10 11 2 . CPS/DSS referred the complaint to Brentwood Police 12 Department because CPS/DSS had a heavy case load that particular 13 day. Brentwood Police Department, which claimants believe to be 14 party of the City of Brentwood (both entities are collectively 15 referred to as "Brentwood P.D. ") undertook an investigation into the 16 complaint . The investigating officer was Officer Henderson. 17 3 . After interviewing Sarah F. , Diana F. , and Daniel 18 Farinholt, Brentwood P.D. deemed the complaint of child molestation 19 to be "unfounded" and closed the case on or about May 25, 1993 . 20 4 . On or about May 28, 1993 , CPS/DSS, acting through its 21 employee, Pat McDonald, received additional information from :Daniel 22 Farinholt ' s counselor that supported the complaint of child 23 molestation made against him by Sarah F. The additional information 24 25 consisted of Daniel ' s admission to the counselor that he had, in 26 fact, molested Sarah F. on several occasions in the past . As such, 27 CPS/DSS contacted Brentwood P.D. (Officer Henderson) and informed 28 -2- CLAIM AGAINST PUBLIC ENTITIES ° 1 him of the new developments and requested a joint investigation by 2 both agencies (CPS/DSS and Brentwood P.D. ) . 3 5 . CPS/DSS and Brentwood P.D. then re-opened the 4 investigation and interviewed Daniel Farinholt again., along with his 5 counselor and psychologist . The formal investigation was deemed 6 "pending" as of June 7, 1993 . 7 6 . In the course of the investigation, CPS/DSS and Brentwood 8 P.D. learned that Daniel had cancer (which was true) and believed 9 that he had only a 5% chance of living the next six months because 10 11 of it (which was not true) . 12 7 . Despite making express promises to safeguard Sarah F. from 13 harm and to keep her mother, Diana F. , fully informed of any 14 incriminating evidence uncovered that would substantiate any acts of 15 molestation committed by Daniel Farinholt, CPS/DSS and Brentwood 16 P.D. breached said promises and duties by withholding from Diana F. 17 and Sarah F. the fact that Daniel Farinholt admitted to his 1a counselor that he had sexually abused Sarah F. several times in the 19 past . As such, Diana F. was told and otherwise left with the belief 20 and impression that the case was "closed" and that the initial 21 complaint was "unfounded. " 22 8 . Indeed, Brentwood P.D. deemed the case to be "pending" 23 while "further investigation" was undertaken. However, no such 24 further investigation was undertaken, because Brentwood P.D. and 25 26 CPS/DSS mistakenly and unreasonably assumed Daniel Farinholt would 27 die from cancer within months. At the time, Brentwood P.D. and 28 CPS/DSS knew, from a reliable source, that Daniel Farinholt had _3_ CLAIM AGAINST PUBLIC ENTITIES 1 admitted to molesting Sarah F. Yet, this crucial information was 2 never provided to Diana F. 3 9 . At no time after 1993 did either CPS/DSS or Brentwood P.D. 4 inform Diana F. or Sarah F. that they had credible evidence that 5 Daniel Farinholt admitted sexually abusing Sarah. As such, said 6 agencies lulled Diana into a false sense of security, thinking that 7 Daniel posed no threat of harm to Sarah because the allegations were 8 "unfounded. " 9 10 . Daniel survived his bout with cancer. Daniel moved to 10 11 Southern California, as did Diana and Sarah. Unbeknowst to Diana, 12 Daniel had in fact molested Sarah prior to 1993 and continued to 13 molest her for several more years after 1993 . 14 11 . In January 2002, when Sara was in 7th grade, she told her 15 mother Diana that Daniel had repeated sexually molested her up until 16 at least the fifth grade. The matter was reported to the Orange 17 County Sheriffs Department, who arrested Daniel Farinholt for child 18 molestation. 19 12 . While free on bail, authorities believe that Daniel 20 Farinholt staged his death my faking an accident or suicide while on 21 a boat off of E1 Segundo, California. Authorities have been unable 22 to locate Farinholt since he skipped bail and faked his death. He 23 remains at-large. 24 25 13 . During the course of the investigation by Orange County 26 Sheriff deputies, they learned of the prior allegations of abuse 27 from 1993 and contacted Brentwood P.D. Brentwood P.D. then prepared 28 -4- CLAIM AGAINST PUBLIC ENTITIES 1 a "supplemental report" attempting to explain why the matter was 2 mistakenly dropped in 1993 . 3 14 . Diana then requested a copy of the Brentwood P.D. 4 investigation report so she could provide the information therein to 5 Sarah' s therapist so as to assist in the treatment of Sarah. On or 6 about July 25, 2002 , and for the first time, Diana read the 1993 7 report and learned for the first time that Daniel had, in fact, 8 admitted to molesting Sarah back in 1993 . At that same time, Diana, 9 for the first time, realized that CPS/DSS and Brentwood P.D. were 10 11 negligent and broke their promises to keep her fuller informed of any 12 evidence that incriminated Daniel . Had Diana been informed of 13 Daniel ' s admission in 1993 , she would never have allowed him near 14 Sarah again. 15 15 . In 1993 and thereafter, a special relationship existed 16 between CPS/DSS and Brentwood P.D. , on the one hand, and Diana and 17 Sarah F. , on the other hand. Said public entities undertook special 18 duties to protect Diana and Sarah and to control the conduct of 19 Daniel . They also undertook affirmative duties and made affirmative 20 misrepresentations or material omissions, all of which contributed 21 to, increased, or changed the risk of harm which would otherwise 22 have existed. Diana and Sarah detrimentally relied', on the conduct 23 of CPS/DSS and Brentwood P.D. , which induced a false sense of 24 25 security and thereby dramatically worsened their position. 26 16 . Said public agencies were negligent in their investigation 27 of Daniel Farinholt, and violated the civil and constitutional 28 -5- CLAIM AGAINST PUBLIC ENTITIES 1 rights of Diana and Sarah F. by failing to inform them of a 2 substantial risk of harm posed by Daniel . 3 17 . Said public agencies also violated their mandatory duties 4 during the course of investigating and reporting the Farinholt 5 matter, including but not limited to the duties set forth in Penal 6 Code section 11166, et seq. 7 8 18 . Sarah did not present her claim sooner because of threats 9 (express and implied) and directives to keep silent made by Daniel 10 in conjunction with the sexual molestations . These threats and 11 directives "not to tell anyone" had a coercive effect upon her, such 12 that she did not divulge the molestations to an adult until 13 approximately January 2002 . It was not until January 2002 that the 14 coercive effect of the directives and threats diminished to the 15 point where Sarah felt as if she could safely divulge the incidents 16 to the police. At all times, Sarah was a minor. 17 18 19 . Diana F. had no reason to suspect that Sarah was a victim 19 of molestation until January 2002 , which was when Sarah first told 20 her of the past abuse. 21 22 20 . Diana F. had no reason to suspect negligence or other 23 wrongdoing by CPS/DSS and/or Brentwood P .D. until on or about July 24 25, 2002, which is when she read for the first time the police 25 report and investigation from 1993 , which included the fact that 26 Daniel had admitted to molesting Sarah prier to 1993 . At no time 27 before July 25, 2002 did Diana have any reason to know or suspect 28 that Daniel had previously admitted to molesting Sarah, and in fact -6- CLAIM AGAINST PUBLIC ENTITIES 1 had been told the exact apposite by CPS/DSS and Brentwood P.D. , 2 i .e . , that the complaints were "unfounded. " 3 21 . As such, this government claim is timely in that it was 4 5 presented to said public agencies within six months of the time when 6 Diana first discovered the negligence or wrongdoing of the agencies 7 involved. 8 22 . Sarah suffered severe emotional and psychological 9 injuries, trauma, mental anguish and emotional distress as a result 10 of being sexually molested and abused by Farinholt for several years 11 after 1993 . The extent of her damages has not yet been fully 12 13 ascertained, but will exceed the jurisdictional limit of the 14 Superior Court . 15 23 . Diana suffered severe emotional and psychological 16 injuries, trauma, mental anguish and emotional distress as a result 17 of learning that the sexual abuse would have been prevented had said 18 agencies informed her of the true facts back in 1993 . 19 20 24 . Claimants seek to recover all damages suffered as a result 21 of the conduct by CPS/DSS and Brentwood P.D. 22 23 24 11 25 26 /1 27 11 28 -7- CLAIM AGAINST PUBLIC ENTITIES 1 25 . All further notices or ether communications with regard to 2 this claim should be sent to claimant ' s counsel : 3 David M. Ring 4 TAYLOR & RING, LLP 5 10900 Wilshire Boulevard, Suite 920 Los Angeles, California 90024 6 Tel : (310) 209-4100 7 Fax: (310) 208-5052 8 9 10 Dated: January _, 2003 TAYLOR & RING, LLP 11 t 12 By: 13 avi M. Ri eys f C aimants o 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _g- CLAIM AGAINST PUBLIC ENTITIES 1 PROOF OF SERVICE {C.C.P. 1.013A, 2015 .5} 2 STATE OF CALIFORNIA 3 I am employed in the County of Los Angeles, State of California. I am over the age of eighteen years and not a party to the within 4 action; my business address is 10900 Wilshire Boulevard, Suite 920, 5 Los Angeles, California 90024 . On January 21, 2003, I served the foregoing document, described ' as CLAIM AGAINST PUBLIC ENTITIES FOR PERSONAL INJURIES AND DAMAGES on 7 the interested parties in this action 8 X by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list. 9 by placing the original a true copy 10 enclosed in sealed envelopes addressed as follows : 11 *SEE ATTACHED MAILING LIST 12 13 14 X BY FEDERAL EXPRESS (OVERNIGHT DELIVERY) 15 Executed on January 21, 2003 at Los Angeles, California. 16 BY PERSONAL SERVICE. I delivered such envelope by hand to the 17 offices of the addressee . 18 BY FACSIMILE. I faxed a copy of the above-described document to the interested parties as set forth [above/on the attached mailing 19 list . ] 20 21 Executed on January 21, 2003 at Los Angeles, California. 22 X (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct 23 SHANN A. MARTIN 24 25 26 27 28 1 SERVICE LIST 2 Brentwood Police Department 3 500 Chestnut Street Brentwood, California 94513 4 5 City of Brentwood 6 City Clerk 708 Third Street 7 Brentwood, California 94513 8 Contra Costa County Department 9 of Social Services 30 Muir Road 10 Martinez, California 94553 11 Contra Costa County Child 12 Protective Services 13 30 Muir Road Martinez, California 94553 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Y t-k 0 m RECIPIENT-. PEEL HERE f k N FSI Tom. kms+{ ess 7", �{ ) � •n; wry 1 AMY .L ll Ln rv� m LU ,.+. � .,. ~ a r mo--- El -p► a 17 B El mEl -- IKE rn ir Elf bj a ❑ m s El a El CA) lh On I lip M ...... ...... ........ .__.... ......... _. ..... CLAS ►7 JQA ISD F t1 ER SOF CtJ T T O ' WFEBRUARY 25,E Crim 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 .1AN 2 4 2003 915.4. Please note all"Warnings". AMOUNT: $25,00. COUNTY COUNSEL MARTINEZ EZ CALIF CLAIMANT: JOHN WAYNE FONTENOT ATTORNEY: ROBERT J. BELES DATE RECEWED: JANUARY 23, 2003 ADDRESS: LAW OFFICES OF ROBERT BELES I RAISER PLAZA, SUITE 1.750BY DELIVERY TO CLERK ON: JANUARY 23 2003 :.. OAKLAND, CA 94612-3688 BY MAIL POSTMARKED.- HASID DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, Clerk -2 Dated: JANUARY 23, 2003 By: Deputy II. FR M: 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 914 and 910.2, and we are so notifying claimant.The Board cannot act for 15 days(mon 310.8). { ) 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: � '1' Dguty County Counsel M. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untixnel with notice to claimant(Section 911.3). IV. BOARD ORDER.: By unanimous vote of the Supervisors present: (X) This Clain is reJected in full. ( ) Otlier: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: FEBRUARY 25, 2003 JOHN SWEETEN,CLERK.,By ,fie u Clerk WARNING(Gov. code section 913 Subject to certain exceptions,you have only six(6)matths 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 W4p!in&See Reverse Side of This Notice, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now,and at all tunes 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 Beard Order and Notice to Claimant, addressed to the clapmaxat as shown above. FEBRUARY 26, 2003 Dated: JOHN SWEETEN, CLERK.By r Deputy Clerk ROBERT J . BELES ATToRNry AT LAW THE ORDWAY BUILDING. PHONE (5 1 0) 836-01 00 1 KAISER PLAZA. SUITE 1 770 OAKLAND. CALIFORNIA 9461 2- FAX (51 0) 832-3690 3688 �--- ,�V Thursday, January 23, 2003 2 3 2003 Clerk of Contra Costa County Board of Supervisors CXERKBOARD5 ? Rb°iS0 aS 651 Pine Streetc--- 's r 10. Martinez, California 94553 CLAIM FOR DAMAGES Claim against: Contra Costa County Sheriff's Office; ContraCosta County; and agent Deputy Church of the Contra Costa County Sheriff's Office Claimant's Name: John Wa ne Fontenot Claimant's Address: c/o Law Offices of Robert J. Beles, 1 Kaiser Plaza 1750 Oakland California 94612-3688 Address to which c/o Law Offices of Robert Beles notices are to be sent: 1 Kaiser Plaza, Suite 1750 Oakland, California 94612-3688 Tel. (510 836-0100 fax (510) 832-3690 Date of Incident: July 23, 2002 Location of Incident: Martinez Hospital location. Description of Incident: On or about July 23, 2002, upon information and belief, Deputy Church of the Contra Costa County Sheriffs Department was driving Claimant Mr. John Wayne to the Martinez Hospital in a Contra Costa County Sheriff's van to be treated for unrelated injuries. Claimant was at that time incarcerated on pending criminal charges by the Contra Costa County Sheriff's department. Claimant was seated in the second row of the van behind a cage. Upon arrival at or near the Martinez Hospital, Deputy Church backed the van into another vehicle causing a collision that caused Claimant to hit and injure his head. Claimant was then taken to the hospital and treated for injuries sustained prior to the July 23,2002 incident,but was not treated for the injury to his head sustained in the accident on that day. ROBERT J. BE LES I KAISER PLAZA. STE 1750 OAKLAND, CALIFORNIA 94612'3612 PH (510)F .6(-W11(MM32-3690 Torts Committed: Deputy Church and other unknown agents of the Contra Costa County Sheriff's department: Negligence, intentional and negligent infliction of emotional distress and denial of medical treatment. Damages Incurred: Pain and suffering,scarring,fear,medical problems caused by the conduct of the officers and other damages not yet known. Officials, employees, and agents causing damages: Deputy Church and other agents of the Contra Costa County Sheriff's Department that are still unknown. Itemization of claim: Specials presently unknown Generals In excess of $25,000, Superior court to have jurisdiction Attorney's fees presently unknown Total In excess of $25,000, Superior court to have jurisdiction Signed by or on behalf Robert J. Bel s of claimants: Attorney for Claimants Dated: Thursday,January 23, 2003 2 TO: BOARD OF SUPERVISORS �a " CON TRA *` COSTA FROM: John Sweeten,County Administrator COUNTY BY: Johnny W.Jefferson, Director Office of Revenue Colon t DATE: February 26,2W3 SUBJECT: Harte Legal Action to Recover and erre Costs of Services SPECIFICREQUEST(S)OR RECOMMENDA'noN(s)&BACKGROUND AND JUSTIFICATION RECCMMENQATM iSl: AUTHORl;ZEJDIRECT County Counsel to initiate legalactio to recover monies owed for outstanding debts and costs of suit against the following parties: N E DEBT GIBBERT,GARY MELEE DEZ,ADELA $160,625.43 FRIZZEL,MAURICE FRIZZEL.,RHONDA S 8,135.72 HARGRAVES,TINA S 30,222.94 JONES,ROSIE $ 8,783.81 1411M,w.7'URDI 1, RAM,PARMXT $ 45,417.08 WRIGHT,WALLACE G. $ 13,011.41, SOSA,FRANK S 22,622.70 BEAN ,JAMES S '78..685.39 TOTAL. $367,504.48 FINANCIAL IMPACT This action will increase the County's ability to execute on the;judgments obtained pursuant to the Board of Supervisor's authorization. RE N RE+C OM IE�IDAT1C3N S To secure the County's interest on debts owed. BACKGRtIUND The parties involved have demonstrated an unwillingness to reimburse Contra Costa County for services provided. It is necessary for the County to preserve its interest by Initiating appropriate action against the responsible party. CONTINUED ON ATTACHMENT: YES STtMATURE: � r : izlh : T2EGf�YlNlEf�kAT�OTiC'r1tYJkD1a5TRATf�t,,,_,_l�GO� 0l= E Sm"TURE(Sj ACTION OF s APPROVED AS fWCOMMENDED_ OTWR VOTE OF SUPERVISORS XX t�Y CaERTTFY THAT THIS IS A UNAfEIMM¢�'T Z TRUE AND CORRECT COPY OF AN AYES: Nom: _ ACTION TAKEN AND 0MME0 ABSENT:-ABSTAMI: ON 1 3TE'S€3P THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Com: ATTESTED FEBRUARY 2.5, 2003 JOM SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADIMUSTRAXOR ca: P.Nara,ORC P.AIlltff,C+ounat4 P.Po we,ORC BY.- DEPUTY