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MINUTES - 09092003 - C.43
CLAIM BOAS SIZPERVISOMOF-CONTRA COSTA COUNTY BOARD ACTION: SEP`'. 013,2003 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 w 915.4. Please note all"Warnings". AMOUNT: $3,086.68 CLAIMANT: DALLAS J. GIDSON-KAEO ATTORNEY: UNKNOWN DATE RECEIVED: JULY 28, 2003 ADDRESS: 2055 FOX WAY #28 BY DELIVERY TO CLERK.ON:JULY 28, 2003 CONCORD, CA 94518 BY MAIL POSTMARKED: SID DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JULY 28 2003 JOHN SWEET k Dated. By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (4'This claim complies substantially with Sections 910 and*Q10.2. ( ) 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: e. J, r_.. ", DiqMy County Counse : III. FROM: Clerk of the Board TO: County Counsel�(1) County Admi�lstrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (V' This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLEF, By ,Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions,you have only six (6) months from the date this ndtice was personally served-6 deposite 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 full} prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: d JOHN SWEETEN, CLERK By Deputy Clerk Claim to: BOARD CF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops: and which accrue on or before December 31, 1987, must be presented not later than the 10th 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 actions. 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 Pira 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. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this farm. RE. aim By ) Reserved for Clerk's filing stamp Against the County of Contra Costa ) 8 2003 orfur;; Fill in r:�me } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ . p • , � orad in s��zppc/rpt of this claim represents as follows: ? ' ��� � �. �a 1. When did the damage or injury occur? (Give exact date and hour) \J ATF .......�....�.....�,.,.w._.. .._...._...r .. _�....._.�.. .. ---—_-_......___ 2. Where did the Waage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) 'F '��AKFZD 4141CL�%5, LU 4. What particular act or omission on the part of county or district officers, Se!r'"vant$ car .employees caused. 'the injury or damage? CON (over) �. Wriat are the names of county or district officers, servants or employees causing the damage or injury? IVO eL C...L4 t Z- torr� .r Q f r 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates f r autoe. Zvi 'L-- t Rte t / t. - L�4S 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) r ) b IT." t g. Hames and addresses of witnesses, doctors and hospitals. Af ate,,. C.. AI-t.-1 or- -'4-7ez-- �� '0�- �bN cry- ��t�- �.6�t� r� -�t2��'' s-���-r���►�t' s� �c�-t� r _____ g. List the expenditures youmadeon account of this accident :or injury ��� DATE ITEM AMOUNT 0AJJ5— Gov. Code Sec. 910.2 provides: claim esigned SEND NOTICES T0: (Attorne ) or b some person on h claim his- behalfby the." Name and Address of Attorney Claimant's Signature Address Telephone No. Telephone No. 0 V-413 * * T W V I 1 11 V I V I T * A NOTICE 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. 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,(700), 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. 07/23/2003 at 02 : 22 PM Job Number : 17908 MIKE ROSE' S AUTO BODY INC. License # :EAR# AA07562 Federal ID # : 942621349 WHERE QUALITY COUNTS 2001 FREMONT STREET CONCORD, CA 94520-2616 (925) 686-1739 Fax: (925) 686-1744 PRELIMINARY ESTIMATE Written by: DON HERBERT # Adjuster: Insured: DALLAS GIBSON-KAEO Claim # Owner: DALLAS GIBBON-KAEO Policy # Address: 2055 FOX WAY . #28 Deductible: CONCORD, CA 94518 Date of Loss : 06/28/2003 Evening: ( 925) 288-0443 Type of Loss : Collision Business : (925) 360-6658 Point of Impact: 10 . Left Front Pil Inspect MIKE ROSE ' S AUTO BODY INC. Business : (925) 686-1739 Location: 2001 FREMONT STREET CONCORD, CA 94520-2616 Insurance Company: 4 Days to Repair 1988 FORD MUSTANG GT 8-5 . OL-HO 3D WHITE Int :GREY VIN: 1F'ABP42E3JF172063 Lic : 4COL060 CA Prod Date: Odometer: 93778 Tilt Wheel Intermittent Wipers Tinted Glass Body Side Moldings Dual Mirrors Fog Lamps Rear Spoiler Clear Coat Paint Power Steering Power Brakes Power Mirrors Positraction Cloth Seats Bucket Seats 5 Speed Transmission Spoke Aluminum Wheels - -- - - ---- - - - - - - - - - - - - - - - - - - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - ---- - - - - - - - --- - - - - - - - - NO . OP . DESCRIPTION QTY EXT . PRICE LABOR PAINT - - - - - ---- - -- - - - - - - - - - -- - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - --- - - -- - - - -- - - - - 1 FENDER 2 Repl LT Fender 1 378 . 33 3 . 0 2 . 2 3 Add for Clear Coat 0 0 . 00 0 . 0 0 . 9 4 Add for Edging 0 0 . 00 0 . 0 0 . 5 5 Add for Clear Coat 0 0 . 00 0 . 0 0 . 1 6 R&I LT Side molding lower front 0 0 . 00 0 . 5 0 . 0 w/GT 7* Repl Nameplate 115-0" 1 19 . 15 0 . 2 0 . 0 8 FRONT BUMPER 9 R&I R&I front bumper 0 0 . 00 2 . 7 0 . 0 10 Deduct for Overlap 0 0 . 00 -1 . 0 0 . 0 11 PILLARS, ROCKER & FLOOR 12 R&I LT Molding GT 0 0 . 00 0 . 5 0 . 0 13 DOOR 14 Repl LT Door asay 1 1107 . 60 4 . 5 3 . 3 15 Overlap Major Adj . Panel 0 0 . 00 0 . 0 -0 . 4 1 07/23/2003 at 02 : 22 PM Job Number: 17908 PRELIMINARY ESTIMATE 1988 FORD MUSTANG GT 8-5 . OL-HO 3D WHITE Int :GREY --- - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - --- - - - - - - - -- - - - - - - - - - - - - - - - - - - -- - - -- - - - - - - - - - NO. OP . DESCRIPTION QTY EXT. PRICE LABOR PAINT - - - - - --- - - - -- - - - -- - - - - - - - - - - --- - - --- - - -- - - - -- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - 16 Add for Clear Coat 0 0 . 00 0 . 0 0 . 6 17 Repl LT Mirror electric window 1 178 . 57 0 . 7 0 . 5 mount 18 Overlap Minor Panel 0 0 . 00 0 . 0 -0 . 2 19 Add for Clear Coat 0 0 . 00 0 . 0 0 . 1 20* Repl LT---Body sida mldg GT white 1 124 . 62 0.. 3 1 . 0 21# Repl COVER CAR 1 5 . 00 T 0 .2 0 . 0 22# Refn TINT COLOR 0 0 . 00 0 . 0 0 . 5 23# Repl HAZARDOUS WASTE MATERIAL 1 5 . 00 0 . 0 0 . 0 - - - - -- - - - -- - - - - - - - - - - - -- - - - ---- - - --- - - - - - - - - - - - - - - - - - - - - ---- - •- - -- - - - - - - - - --- - - - - Subtotals ==5 1818 . 27 11 . 6 9 . 1 Parts 1813 . 27 Body Labor 11 . 6 hrs @ $ 65 . 00/hr 754 . 00 Paint Labor 9 . 1 hrs @ $ 65 . 00/hr 591 . 50 Paint Supplies 9 . 1 hrs @ $ 28 . 00/hr 254 . 80 Sublet/Mise . 5 . 00 - -- - - - - - - - - - - - - - - - -- - - - -- - - -- - - - - - - - - - - -- - - - - - - -- - - - - SUBTOTAL $ 3418 . 57 Sales Tax $ 2073 . 07 @ 8 . 2500% 171 . 03 - - --- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - --- - --- - - - - - - GRAND TOTAL $ 3589 . 60 THIS IS A PRELIMINARY ESTIMATE AND ADDITIONAL CHARGES MAY BE REQUIRED FOR THE ACTUAL REPAIR. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS : D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES : B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS : ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT . PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ SYMBOLS : #=MANUAL LINE ENTRY *=OTHER [IE. .MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. 2 07/23/2003 at 02 : 22 PM Job Number: 17908 PRELIMINARY ESTIMATE 1988 FORD MUSTANG GT 8-5 . 0L-HO 30 WHITE Int :GREY Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide DE2JC85 Database Date 3/2003 and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. Asterisk (*) or Double Asterisk (**) indicates that the parte and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Non-Original Equipment Manufacturer aftermarket parts are described as AM or Qual Repl Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided from National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual entries. Pathways - A product of CCC Information Services Inc. 3 07/23/2003 at 03 : 52 PM Job Number: 13030 JIM'S CALIFORNIA AUTO BODY INC. License # :AF176743 Federal ID 4 :942227228 EST. 1962 2520 Monument Blvd. Concord, CA 94520 (925) 689-6117 Fax: (925) 689-7836 PRELIMINARY ESTIMATE Written by: STEVE SCOTT # Adjuster: Insured: DALLAS GIBSON -KACO Claim # Owner: DALLAS GIBSON -KACO Policy # Address: 2055 FOX WAY #28 Deductible: CONCORD, CA 94518 Date of Lass: Evening: (925) 288-0443 Type of Loss: Business: (925) 360-6658 Point of Impact: 10 . Left Front Pil Inspect JIM' S CALIFORNIA AUTO BODY INC. Business: (925) 689-61.17 Location: 2520 Monument Blvd. Concord, CA 94520 Insurance Company: Days to Repair 1988 FORD MUSTANG GT 8-5 . OL-HO 3D WHITE Int : VIN: 1FABP42E3JF172063 Lic: 4COL060 CA 'Prod Date: Odometer: 93785 Tilt Wheel Intermittent Wipers Tinted Glass Body Side Moldings Dual Mirrors Fog Lamps Rear Spoiler Power Steering Power Brakes Power Mirrors Positraction Cloth Seats Bucket Seats Automatic Transmission Spoke Aluminum Wheels - _----_ ------ NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT --------------------------------------------------------------------------------- 1 FENDER 2* Rpr LT Fender 4 . 0 2 .2 3 R&I LT Splash shield 0 . 6 4 R&I LT Rear molding w/ground 0 . 3 effects Cobra 5 Repl Nameplate 115 . 0" 1 11 .42 0 .2 6 DOOR 7 O Repl LT Outer panel to 10/87 1 269 .65 6 . 6 2 . 3 8 Overlap Major Adj . Panel -0 .4 9 Add for Edging 0 . 5 10 Add for Inside 0 .5 11* Rpr LT Doer assy 2 . 0 Incl . 12 Repl LT Belt molding hardtop black 1 26 .70 0 . 3 13 Repl LT Mirror electric window 1 178 . 57 0 . 7 0 . 5 mount 14 Overlap Minor Panel -0 .2 1 07/23/20.03 at 03 : 52 PM Job Number: 13030 PRELIMINARY ESTIMATE 1988 FORD MUSTANG GT 8-5 . OL-HO 3D WHITE Int: ------------------------------------------------------------------------------- NO. OP. DESCRIP'T'ION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 15 Repl LT Body side mldg GT black 1 124 . 62 0 . 3 w/red insert 16 PILLARS, ROCKER & FLOOR 17 R&I LT Melding Cobra 0 . 5 18 QUARTER PANEL 19* Bind LT Outer panel 1 . 3 20 R&I LT Glass Ford clear 1 .3 21 REAR LAMPS, 22 R&I LT Tail lamp assy 0 .5 23 REAR BUMPER 24* R&I LT Extension 0 . 3 25* R&I R&I rear bumper LOOSEN LT 0 . 6 SIDE 26# TINT COLOR 1 0 . 5 27# CORER CAR 1 5 . 00 0 .1 28# Subl HAZARDOUS WASTE 1 5 . 00 ------------------------------------------------------------------------------- Subtotals == 620 .96 18 . 8 6 .7 Parts 620 . 96 Body Labor 18 . 8 hrs @ $ 67 . 00/hr 1259 . 60 Paint Labor 6 . 7 hrs @ $ 67 . 00/hr 448 . 90 Paint Supplies 6 .7 hrs @ $ 28 .00/hr 187 . 60 ------------------ ----------------------------------- SUBTOTAL $ 2517 . 06 Sales Tax $ 808 . 56 @ 8 .2500% 66.71 ------------------------------------------------------- GRAND TOTAL $ 2583 . 77 *****VISA / MASTERCARD / ATM - ACCEPTED FOR DEDUCTIBLE***** Due: to many unferseen circumstances in the repairing of automobiles, we regret that we can only estimate, not promise a completion date and time. 2 07/23/20,03 at 03 :52 PM Job Number: 1.3030 PRELIMINARY ESTIMATE 1988 FORD MUSTANG GT 8-5 . OL--HO 3D WHITE Int : THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=S'T'RUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS : ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/_ SYMBOLS: #=MANUAL LINE ENTRY *=OTHER [IE. .MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide DE2JC85 Database Date 3/2003 and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Non-Original Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Comp Repl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided from National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual. entries. Pathways - A product of CCC Information Services Inc. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY e-p BOARD ACTION:SEPT. 09, 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 i t 915.4. Please note all "Warnings" AMOUNT. UNIZN WN CLAIMANT: BETH ELISE 8LONBELL <,.., S;y ATTORNEY: THOMAS G. BEATTY DATE RECEIVED: JULY 30, 2003 ADDRESS: McNAMAARA, DODGE, NEY,BEATIY, BY—DELIVEkY TO CLERK ON: JULY 30, 2003 SLATTERY & PFALZER BY MAIL,POSTMARKED: JULY 295 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET , Dated: JULY 31, 2003 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supervis6rs ( 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). MOther. F. r i 3' 'f. �: ,i';a ,5 4 f •7 st' ° .b`.. �.0 ? �',.d,y. _ .i C _ , J yy 11 '�', 1 Dated: Ueputy County Counsel III. FROM: Clerk of the Board TO: County Ccuhsel (1) CounVAdministrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IVBOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. { } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: X&&C= 0 JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING{Gov. code section 913) Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK.By Deputy Clerk 1 THOMAS G. BEATTY(State Bar No. 75794) MCNAMARA,DOME,NEY,BEATTY,SLATTERY&PFAL7..ER LLP 2 1211 Newell Avenue Post Office Box 5288 RECEIVED 3 Walnut Creek,CA 94596 Telephone: (925) 939-5330 FJUL 3 0 2003 4 Facsimile: (925)939-0203 CLERK BOARD OF SUPEPMORS 5 Attorneys for Defendant QQN RA cOs AGO. 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA ' 9 CIVIL-UNLIMITED JURISDICTION x w e 10 11 EMMANUEL ORTEGA by and through Case No. CO3-00758 his Guardian ad Litem JOSE ORTEGA, ` 12 CLAIM FOR INDEMNITY Plaintiff, 13 [GOVERNMENT CODE §910] . - .. vs. ?" 14 .. STATE OF CALIFORNIA, Z 15 DEPARTMENT OF BOATING AND ° ,�x WATERWAYS, a public entity; WATER a 16 RECLAMATION DISTRICT, a public entity; COUNTY OF CONTRA COSTA, a 17 public entity; BETH ELISE BLONDELL, o an individual; THE ESTATE OF 18 MICHAEL BLONDELL, an estate; RAFAEL NAVARETTE, an individual; < 19 and DOES 1 to 50, z 20 Defendant, 21 BETH ELISE BLONDELL, 22 Cross-Complainant, 23 VS. 24 STATE OF CALIFORNIA, 25 DEPARTMENT OF BOATING AND WATERWAYS, a public entity; WATER 26 RECLAMATION DISTRICT, a public entity; COUNTY OF CONTRA COSTA, a 27 public entity;RAFAEL NAVARETTE, an individual; AIDA VIALLANO an 28 I individual; and.ROES 1 to 50, 2 Crass-Defendants. 3 4 TO: THE STATE OF CALIFORNIA DEPARTMENT OF BOATING AND 5 WATERWAYS; WATER RECLAMATION DISTRICT; and COUNTY OF CONTRA COSTA 6 (hereinafter"PUBLIC ENTIT(Y)IES") 7 Claimant BETH ELISE BLONDELL (hereinafter "CLAIMANT") claims she is 8 entitled to indemnity from the PUBLIC ENTIT(Y)IES for any and all damages arising out of the x 9 claims alleged by Plaintiff EMMANUEL ORTEGA as set forth herein.. 10 (a) Claimant's post office address is c/o Thomas G. Beatty, McNamara, Dodge, Ney, 11 Beatty, Slattery and Pfalzer LLP, 1211 Newell Avenue, P.O. Box 5288, Walnut Creep, CA 12 94596. M 13 (b) The post office address to which claimants desire notices to be sent is c/o Thomas G. 14 Beatty, McNamara, Dodge, Ney, Beatty, Slattery and Pfalzer LLP, 1211 Newell Avenue, P.O. z .. Z< z 15 Box 5288, Walnut Creek, CA 94596. C i6 (c) At all times herein mentioned, each of the PUBLIC ENTIT(Y)IES named herein 17 was the agent, servant, and employee of each of the remaining PUBLIC ENTIT(Y)IES named 18 herein, and at all times herein each of such PUBLIC ENTIT(Y)IES was acting within the scope < 19 and course of such agency, service, and employment. z 20 Plaintiff EMMANUEL ORTEGA filed his Complaint in the Superior Court of the 21 State of California, County of Contra Costa, Action No. CO3-00758 on or about March 24, 2003. 22 Said Complaint is incorporated herein in its entirety for reference only and not to admit any 23 allegations therein,which are all denied. 24 An actual controversy exists between the CLAIMANT and the PUBLIC 25 ENTIT(Y)IES, and each of them, in that said CLAIMANT alleges that if any liability or 26 responsibility is imposed upon CLAIMANT, said liability or responsibility, if any, rests and 27 should rest upon the PUBLIC ENTIT(Y)IES, and each of them. 28 CLAIMANT contends that if it is found to be liable to the plaintiff MANUEL 2 I ORTEGA as a result of any act or omission as to the occurrence of said accident, any such 2 liability will be the direct and proximate result of the acts, omissions and negligence of the 3 PUBLIC ENTiT(Y)IES, and each of them, in the performance of their duties in connection with 4 the matters alleged by plaintiff. 5 Under the decision of American Motorcycle Association v. Superior Court (1978) 6 20 Cal.3d 578, CLAIMAINT is entitled to a determination of its own as well as each PUBLIC 7 ENTITY)TES' respective share of the legal responsibilities for the damages sustained herein. 8 Therefore, CLAIMANT is entitled as a matter of law to a judicial determination 9 apportioning and fixing the comparative fault of for any damages awarded to plaintiff MANUEL 10 ORTEGA in this action. 11 Should CLAIMANT be determined to be legally responsible to plaintiff a 12 MANUEL ORTEGA, it would be solely by reason of the legal responsibility of PUBLIC F. C M 13 ENTIT(Y)IES and each of them. 14 CLAIMANT is without fault for the injuries or damages sustained by plaintiff, if wz s z < 15 any,within the meaning of§1021.6 of the California Code of Civil Procedure a a 16 (d) CLAIMANT therefore claims she is entitled to indemnity from the PUBLIC m 17 ENTIT(Y)IES. a c� 18 (e) The name or names of the public employee or employees causing the injury, 19 damage or loss is unknown. z 20 (f) The amount claimed is unknown but is alleged by plaintiff to exceed$25,000.00. 21 :Dated: July 25,2003 McN ,DGDG ,NEY,BEATry,SLATTERY&PFALZER LLP i 22 23 By: Thomas G Batty 24 Atto e or Defendant 25 26 27 28 3 .i v- -- 3 1 51 T'YSERV OF MERCED r209 :383 Mil P.02/3 •aIC SU 99zt? see _ SUMMONS Or c . , m*A%%W Or S==Q# Wom rA"1t abcAVORL r by azd trh.-=gh ,bis Quatdism riteth, E OwmaL Yttt i 70 twWMAAR AAYS aftr *k Pa" 4htoum Matd�+�to xw Yom to '!fit t � ire on a 440CAO LE YOARON PMMfdr A Nft I or Awo"I Oft n:at pr4Qc2"ir, y r L4W 4 4200da idtfikAm no 10 o6taoao lwpvafwm vempatAft muNt 44 in prom Want tmn badgvc air mWump *%v-rft 4 tion! tl] 1LW�tM t ezaryr rc ac. � sxm his taw vPmPh OT cess uasd quWmq ett c tb*Au yw da it,riE ttia your M1144m WI trOA rm FW ava*400pnomrssut t� kvm tea acrd r , � � of y ��qumw iso � y at" f+roe[t c+tfm tutu 1 rstuet tr�a rtg �am p[�ab ttt por Fri°•tte Is fire m%m Ofte iii rgitkanW" YOU"Y WW* Aoftn +tr# at%%I �Au 4"uxftd+fu;W2 tte Cath to ISah a6mmy, Wu mv , M'yAmt do gotxtrr 00'a. t as�o,�m�. f to aaa s rm Merv$" or t 44 MV00 OAW ip#m phot aba o t am cdcamm do Opuft tagal at e6aee WdO nu Owmarw""Merv%D*Qm* tA7Iry y teY�n ar rn arab ate) aa�s tk .+r�r sa c 720 O=T S P.D. UM 9IZ amnazo cA 94in na tram,md*pmadmWnu er at t ei` a� t+�tNt a� trt ". amW Y� rty du d"e!ar�c�Qo }�a �tta�tsttvalae�tit Arlo.e.� ,Tom C1 Z2=1 Sm 394x1 408 299-#1979 2 TSU am 198335 WCC %AW TZW Sm MM 2 4 W. OATM SUPERMCOW , Ndvi=TO TW p7?Asom y"WOMSONNA Z. +�+aa�di++3dv�1 rim lfiit poroit 63Xai!i2r to !�� of Ft�s " _ " art CCP 416=V =is 416.40(Stam 00180NUIP)Down ��►a16,9O��9 +4 b Summcm -maw IM83 WW Z98-1 200.4 t$£-4 E8199Zt-818 xedwas..a�ol� na:ai ann�_r7_nn ffY V OF I ERCED �y209 383 0311 P.03133 s �'d SEZ9mv��g , am d the (Use�s tg pawofswvke for each c" C acfMMMs L ZOMPWnt M oWded Summs, amwded aw"int GOMP1 blank 0WA nurestfonngm otter(V .an defwrdw'tt prtrunk s` by mr-ft mclefirwait 000W(game and wo ormirrtiarrsrrlp to pmoo serAS* d.= by teary [n of haute =at f)asfnaes (1) 48W. (2)erg. (a) by rrr (1) datw (2)Plao 2 t+ 3rirteraf�lol itprvpsrb�3 j: a. Prersvrta I Sovk*-, By p d&ved tg Capim(CCP 416.10) b. Subaftdad m ewice an"ormoon`unfneetpcuslmtE armvrdatmm(lnebAgm parhmmh1p),of pubo gaw.13y Whft yveusi Wks hours copies in rhe ofd of the perms � wfth ft pori r o agar was in cho and t#w"ftar a nd (by txA�*= rMt. PAW prepeid) copies to '!h+ parson w4d at the Once whem the a"Vn VMS bdt.(tom 41&20(0)) c $Ubsftftd service an nowrart paman, wrmw. amserv2fim, or candidgW. Leyg cop st the dweiin h&m usual piece of abode, or trWA PAWQ of budwa of the porion sorvad b ai@ pmmence of e coW#mhft rnernber of IhO houxehald Of a person apPu r bi tshatger of 1ho o or pious of buMaK at 18 y+ of 4966 who was hfbffnW or the op" nsibire of#w pmpeM and tltwegfbar �9 (b!r r tic= cop'" to mm erscn WWd of 1he parte whom the sop `w tett ( �E�l�,�tr(i)) (,4th s+ of ar stir t oft rpt on go extxb Ash reawamNo a ftertw Ars first aownpft P rte S&rA*j d.[ MO and a ciwte ftmWt awv$a Sy rrr4i►et (by �i-cl mn� ar taRiss$, Pt' s) enpt� to the patron sarmd, toneMer Marr two C of ftfan nadca and aftovrledgnaft rues a return enva1opeM posbgm prepaid, raldsetf to rhe aertdor (CW N SM)(Attars caampltsrivad arittwladafrclpt) 6. C-1 Genitied or regIsUod mail seerriae. Sy maftng to an address OuWa C%I tmia (ter*at-class oet poslW prepaid, tfequiVNI as it+tltlfi mo**topica to the pemn sanved, (CCP 415�40)(qg2ch aaVPW mourn t or*tfier evk(enca adtfltttat pate Is Mhmned. 3. TIw"NmIm to tyre Pasch t3~ (On t*rvmmuns) was compktad as 0cilOWS(Cr:P 412-20,416.10,end 474x 4. M as ah hdiltyiued dcterrdant b.Q as#ho penin sued uftcd w%e fDWous mast of(gpY): on behar of("Wof+� under, 0CP a'16.1ri(eorporacn) CCF'418-80(n*jor) Cm Other: OOP 41S-20(defunctaatpatafon) CCP 416-70(aMwvaatm) CCP 418.40 Gorr or partmmhip) CCP 41h.Q(A114 muel) d, by ps Mmml debeq an('dam), 4. At the time of sem t was at icat 18 ymm of age end not 8 paltY to this action. . Pee for sery m 8 6. Pemon se*r. a, Cai mia sheriff,massy or consUbie. f Name%scWhw and tetephane number'and,r alapiigebk4 b. Rid t gagbmia pmem tow eourrW of rqsnWn and nurser r- 101m Or Inclocndant coninntor nFs tw istered Ca1Womia pmass ear .mr, d. ( Plata mgWAM Camra proems server. e. [ t MMPt fmm ma Iron under Bus.&Prof,Code I dire trader Pamft of pa6wy under the Mm of Via Stm (ForCad't'ilxmia sheriff;MAmfin1,orconstable use only) of Ca ftrmla that the foregoing is true and correct i oertifythatth®tiategoing is true and tatrwL Data a liar January i,'t 188-9 6110'd Z9�-�, 8@1�4��-�88 xedlii0�-rpoa� pS:91 �Ot�a�'t�90 JUN-25- 17:52 #OTN SERV OF MERCED R�� 209 383 0311 P.04/33 ULM> see OS:9t £.00 -o-4v � l M'3 gm s8333 = 7L'L o V= Vw . �. CIL 05=3 vt�8dd 208-16I)a ear,414ow.9r S 1 1 4 11 e1 . oym= 507-MIO. `+ 725 �" � - xmmmp . ISFY F" .�y.��oy4.7�F�ii� OIL F�'iic'.6J.+n Z. CSS $45.53 riFANDAU'r..== or Or s V"ssC Cm$~ IMM D=*,M '%Y r. i 11*% o r off' CUMMIL Cgssx, a g+d :.ssiE x==. t OF xtcbwo !Cit a� erg s �• iasd, CO AWT...w o"l injury.prosy O se.wrawal Dow, ��Ja ASSt� t� ed tO DSy�trYm UPPOSe �va � M3crt MR(sr � P �rTh t�`I w� � �x Gude of t`ttirt1 'roc► 17'0 Aorma0 A LWIM -CAM CACENDAM4 do"aftaw*44 SAM �.bvkdowndtw a& co ». c . c . s d=PoGoa W a � �► s 2 S=LAx5W=by=$awmuw MMPIkbt 'fiats�sd v 't.PUUNlW o ow VPr , by ama thzCgh Ui r- ==U t W4d Liget, nas tom, �• (ty a t to ion odm 8d► la In 69"a �3 an t�tset y emelt Ls) minim ZdU t tat ins s quwabm ar ca?ltw-*tar atths estaee orb ggatd"in yid ft=has been Yppnintd (b a�s�t'tbyaac+b4: b. to wkwmafmd wow 09=90 k(alfwwtwrn&gumr*w ant m �I w ." �/ (sl nsr fap�d - r �t Jnf* W*M%bm *N4Wan-A(ptdfMft v&tc Am two eantbgd adv"i3 show+61 Cm"t4M ..A ttmA'S rine COMPLAf+T pa"OA nfucy, 'f0'iI e+,r.drr+ rAr�+r+c f �s t t i Go m sildtoa Phi Gz r$T, Me to btlw Zg -d &eQlv6� d ZS9-1 6 l95 q- �� X6dWOO-10ji SM-22-90 Jt - - 1O 17 7 Y SERV OF 1 T1 �y 209 3M O311 P.05/33 a M me:t 1TWAl, of a.].. V. STAVE OF r fi►i TT7iL, et . ' CAUMArdM 4.=Pkhfi f#!am* in doing buahm and ftSauz nem(gyp and tri$vmp4W Wfth ltrs U tts busMass name trtws, .6_ Blom dsteridWt riwned'ebover is a nertuml PaMn a EZ dttff%dMt(l =j: STATE OF C. eXCW defendant(nvrft.COtt= OF cONTRa. 0) a orgenidori.forts unknoatn a buss orLienizatlon,form unkncwn ,eporporawn 4) a art (S) P an wdnoorpo td e): (3) on ufMcorpoPvad eft(de s0be): (4) IZapubiZcerSY(damVibaj: a cwc+riga star. off' (4) [ aprtbbV*(d"We)' a political tb* vhiuvt atmte. =&a a at t. of tim sc"v 6 VINs= of the State of Calift=io (6) C�dt,Fter New: (�vdther(SAN40" b, a3 exr de dant Mww): THE EST= OF d. [M *xuepa d9bndaat(narrrs): WATER HIC21AM bLOWELCLA rw DISMCiC ('f l a swsrteas orgaribMtian,torn unknown ('►, [=,a buskwu arga vision,ft rrn unknawn (2) a met (2) [- a corpora9oa (3) an urti=morad Y(drx=Ze), (S) F-I an uninowporabed eft(dAz=dbo)-- (4) a pub&m*(desr.dbe): (4) M a pubb an*(dascae): a department of tba State Of Ca:l.xfo .a. (s) Mother ftpa*), ez estate (5) other(wwVr 1n'bmiWon abouteddlt mi detrWw tswrho am not natural persona is contained b 00nVtaht—Aft0Mert5. B. Theme names and aepar.ib=of d ►dants sued at Clogs aria unimwit'b ptaMfi: T. =DefandanU wt'so Gmjoined pUMAnt to Cade of G1v11 Pnseadtlre section$82 we(ne mov: S. This court Is the properaouit becAuse s6 at tem*no it %nde*now raider in b jufaediona l ares. b_ Iha print Ypht m of businein of a defsridant ooMombn or unincorporaed amdation is it,Ujurisdicdonal gma. C. tnjuryto peva m oratrtnapeto pemnatprope*occurred in ftjurisdicdt nW wm . ] 0121rdiff is requIred to WtrifarYwttr►a claim Witte,and a. [ PtaiW has ompled vft apifionble i frm stewbac s,or �. �} plaint ES q*v6ed hm t amptying oe tse(apeam. COMPL.ANT- Parsonat 14urtf P"pert)r F°:sti Damask wrongful 1aath 198_1 I:SOAN'd M-f xadw—luai j 92:91 BOO-12-90 JUN-25-20M 1.7:53SERV OF MERCED 209 383 0 311 P.0/33 90•d � & �9Jf ) E • : ' ,......_ PM7"zCt(m 022VA, at a.].. v.. STM 4F CMIMIML, Mt r UL The fOROWIng USUIN of n ON Mahe$And ih*stem Zb*w&PpV tO®Ach(*&A ftY#Wfit rtirW h V*WO Of MOM IL M MOtOr VO" Lara ottt�ktWiac�; bx EM GONOWN"09arme d. [ PfadUOb t3* ty Other{SppWA: - Berating I J# 1 IL raga}Ion b. I*=Of aasOfpmp9dy ax hosp1w and rrutow Ovenus d. general doofte: a< PMPSIVdamw >r loss of owning capack ' G. ITLI COW,demage►(Pse : Pz-eJU*9W= Intexesti ILS allowed by law 12= Tna d8trlagos018hed 1brWMnglut dam,eruct it Wifthships Of pSeJltfffo the des td we L =3 25Wd>n co urt—,#ecnmar*TL !a.The mW sought in this ccmpfaint b wit*the Ju&dcoon ofthis court 14,PLAINT"PRAYS fOr Judg: t for aOts of SUt tar SUGh reitef U b 1bX JUA curd equftbh 4 and'f0f v. 0} corvensetory dammesr ; 1 (2) ( puri damn m b. The t nt of damages a rnus�t check(1)M cases lbr persoosl Injury or tA�dwv: i (2) ka the amount of is ' i 15, = The peuamhs of1h1s complantelieged on InrtorrrraWn and be fOereesIbIloft(vedfypsraqmph numbero i f , Ute! Id�t Qh 2003 r . OR parr wh�a8} 'r+ Cri ae�titt c�+tr+, z► coMPLAMT—Persongl Injury.Pro ►acerata 898-1 990/009'd tBS-t 66t998tr-BBB xsdWno�uo � 9Sr9f 6908-4z-9D ' i AN-25-2003 17.*5 3 r'O'TY SEW OF M B�CO � 209 383 0311 P.07/33 8E49 b a SS:9T rr -- -Nnr EMU CAA OF ACnON-it' d (31e ) Pao& A- ATTACHMENT TO M O*MW tt CM am-Co�t pse a wpoftft Mae afarftri folm for aa+ds muse of ea=4 ftwa ww,g fix. ORTm , J+ry sma trhr=gh. h10 Oolm t3.axl ad Li-cera, JOSE 0742m, et &I. MV-i. pta'I N sus the acts of 4ekWWft were n ttte acts vuere tha (prmdr r)oauBe of t�Tttt� wW dwages i pbW. the stds ccoumW an(ft&I. or about. 3112102 stpevo, or near the Italian SIOUgh In the county of Contra'Costta, State of California, &t or near JaE ark/navigation aid GAS X-37.50.92 a.r The doicndwft who operated a mako-whMa -(namat):8RPT8 =83 BLMWB=f PJaWL �• dents Who d the PW3G s who *PW21t0d a M910F 401*00 In ft COUM Of #I* arrVvyn*M sm themes). Uil Oar #a • (soat) MTha dd'and s wW arrmW Via ttt pVghi *vkftW a wits opted V tiY1hdr permission are(hamW B=a EL1,33 S1==j1 TBR EST= OF MXCML =tAw=l M M ioet ,:L d.a]Tm ddfandw&who afts ad am t A*NWo*am(namw1: H3CTS 2MISB f3L0=2"i �`8S BS7= OP ITC BXIMET.L f MUMBD Coes 11 to �a t.1 .1Tha&ftdala afro wam ffm vWM and wmloym althe other deMcfin ts and acWd wW*the scope oft is somity were(h"01 CE Does I to An fal—me de%nft t wta orefwhisto pwrtmiorothwteasons and"MMM$farthe90 tyare [----]1Wsd in At +rz%t MV 2f LINLi7�1tC74�tQ MIS TDW Dcea to s C CAUSE OF ACTION- Motor Vehlole ���'S{ ���/1ii#� d Z35~l g�2���b�t3�� xidtUO�-ll!t)J� �'i•Q1 1ipi�Z"��*�� JUN-25-2003 3 17--53 � RV OF h� 9 383 X11 P. ✓� ' t k my 888, 19 l #dN7 ,G_Iwt ti Asa= CAUW OF ACTION-Plreaftt Usury Page ATi'A OHMM4T TO G%3 oorrpt C`t Cro Gomptsfm po a sopamto raauss ofstf+a fCrm lbrasch aw3s trf ac&,n J Pmm,L-1. Pieihff0*, XWM'E+Y 'J".• ORTROX, by atA t Uvtm9b his GAL, J0313 ORT GX al +gate ori*jd+*ttd wemiMa WSW 1pmAmvj*Iwsanae of d*magoto plainift 'on(~. or ab t« 5/3.2/02 pWnW was InJU Md an the tbAMMAD ptaMNM In the ibAovft fam1w(d"Owm of pt a"pttd oumsw=s of rlcrtyir: IPL-2. P"MLA l3*cunt 0mk4m0;garjc* The d wnderb who »Y wmed, rrrair&kW, rn negvd end apamted the des*Vmd p VMS(nar sze . to. -.. CD c&g"t Twc4fttful batt ► t* Vtsm j'CW Cc& mcffan 6461 The deftdaat ownent whra m4hilly or moolm tsbt tit to O ! or wam #*i1st a dangerous mown, usa, st uctu er. or race*wars {rra�rapr Pt hm. a tetra tat user, was =pan ht guest r= a pe ti gusk PsaM -a. GpgM Ihm"OSWum Cgndltjon or Pubilo Ptaperly The r idenow is who owned pubes propm* on W*h a damowr s whom Mdftd Wave m s)-STA.= of CALXPORX= WRA12AINT OF BUT= Atm M WMMXS; WA=M REt LVMT109 X?19=*rt Cotte OF Cm t COM; ISI Do" tD & iii Tnto deftndantpublic a *had actumt Ml oert*+e&e nafto of via of the dangerous oohd*n is afWanttm phoria the INOYta ham+obna*d I. b, X3The condiftn wim wx*A by etnplo aftha ddarAft publics erl* Prsm.L-c a.. W Aiipga +as awn t?ttrer Vsfon#arft The defend t+irft ttm agents end amp*m of ttte other deftdants and acW Wft the sopa of to 090cy'tarare(Haan# mom I .�.... to� .. b. W The delmd*rsts who are rable to p*kft icr ether reasons and the reasons for th* AabW pre t= desoobgd in atzhrnent rpnetni.4 b M gm folms(nafias) MWOWS 1.T Tom$ TXM ==rAM41411 CAUSE OF ACTION-PmMtSVG LJOLMIRY S 0000ft�•loft M-i 8i?AJB D'd ZAi-1 9t199tt•-888 xeouwa-err�i 9ii�9i BQQ2-5x-9U y JLN-25-2003 27154 .J OF MERCE p 209 383 0311 P.09/33 99:91 cm-W-NrT r 'a W40Kr TM.&:sem . est al. V. 6"M 07 C:ALIIi`072m, et 1 ATrACHM rtabw):xzni 9 . of I-- (tWo Aftc Ala d may bo L"d ab array.tvcpcalaV COME J (Add paa nae tat 3+la3ntiff is ignor=z of t ba true wwas and capracitiss of defendants 3 sued herein ati DMm 1 to *4, iaclx gives, szA thiarefore visa these defeeudants by sus tictiti,q%xx ase. Pl.alaatifif will emend t lis complaint to allege 4 their t=e names and capacities when ascertained. Plaintiff is infoxmed C=d bel.ievaa and thereon, alleges that earls Of such fictitiously-named S defendants is negl.i atl y, ressponsiblet in some. mann tar the occurr ,s herein alleged, and that Fl.a,intiff Is Wuxiesy an alleged harein e 6 prox7 matol<y caused by such a egl,ig e. (b) Plaintiff raters to and iexccxporates bwersiu by tb1s re:fe:re noe all of 7 they allegatims of the First cause Of Actlon (Motor Vehicle - Zda►ting) as it set torth in full, boresin below. a (c) on or about Malt 12, 2002, Plaintiff, NUOU4M C3RTZGA was a passenger in a begat: being operated by Defendant. aArAmL SAVAVA=, txasval lug eaetbound $ on Italiam Slrggh ,in the CouC1t r of Vitra. Costa, State of California, at or near lass mxk/uavigaati.onal aid 029 ZT-37.30.$12 W-121.35.1.3, in a Aarmal and 10 reaasoun le fashion. At the same time &ad places, a boat bes:iacW operated by D t, Z= BLISR 314ELL was travelizq vestbouAd an =ta.l.i.an slough, 11 AZA approached the sem nav 4rational. locate on as given above. The waterway at Italia= slough >narrawo at the site eesad forms a ash=p cures which 12 conistizates a. dazgercux and detfeotive ecnseUti.on.. This aceta of the waterway is defined as a bl.izd cuxve with a lite of sight less tbab 100 feet which 13 requires boat*--* to make a, tu= of app= .taat*3-Y 90 dues to uavigato the passage around this corer. Defendants STR= 07 C=POPJMA t 0 W 14 $0A`1"M A1l7I1 VrATVSAY9. VAMM R2CLVQMQN JD:EST'RXCT, CCRfiI'1''Y' OF CCK%2& COSTI amd l OM$ 1-50 inclusive, knew can: ssb ld have J==�om than the blind curwe at: 15 QFS S-37-50.92 'W-121.35.13 was in a dange:0=s and defective condition and constituted a trap to boaters approaAA-zg the curve in tam waterwwy mend if 17a9is STM OF =ZFMTXA VMaTMZqT OF RQ&Tn= ANDSSYMS, 'sly, RSCXAXATXCN DIS xICT, c== Off' s",=,Rx CDSTX €nd DOLPS 1-50 inclusive, knew ` 1T or ah=l.d have kuown that; the d9zV&zx=s and defective Mien. of the s8 vvxve constituted a. t=ag to boat tra navigating the slough in a uormal =4 xso%40le fashion. 19 (d) Def''enaamtas 5TAT8 ov czLTNI'A Damvm4= OF SQAT= Ate! =TmArs, WWM R2CLAt►12av'XW =STRX=, COW= OF Cam COSTA and DOSS 1-50 inclusive, 20 knew or std have knom thiat: in order to navigata the l;talian slough at the above idexxtified location safely they should have posted signs, lights, 21 or other navigati*aal aids to Tufo t cad varn bcaterx using the vast:earw;ky of the ftngarauz and defective ccor"tfon of the curve. As a result of tba 12 negl3.g cep +and cafel,eeasAneasss of the *"'cerss " Fefea "xtts STZ op C11.2,rF = D"ARTMMT CSS 330ATING A "' M'ZS, MM RV "GLM ' XCW aXSTRICT, 22 COUNTY 00 CONTRk =1A and a48S 1-50 inclusive, responsible a for sss l-atasi ni this vatarwuy in a safe condition, the boast in wbich Plaintiff, MROMM 24 GRT A, was riding was caused to collide with a boat being operated, by pendant, nRTR imiss XX40 XLL which resulted in sevexec pews* 1. A juri.ess 25 tO Pl.aiutiff, SHMAfiM OR2BcA. 2S 17 (xfMe harm ohme a c0owma is made under penafty ofperpty;at sUftmsrsts to Ws AftchMent ars maces under P6#YC'P*NYj %wnArpw*A% .tL%w ATrAGHMSNT ccs ufasatC uRnYe 2 tm fteb y%Um to Judk-Jat 0ounW1 Fotm 229-1 CV/600'd EraS-1. 86LOW-888 x4dwoo-Ws)3 $511 5002.21•90 t JLW25-2003 1754 r"VY SERV OF M 208 383 0311 P.10/3.3 . 0T.d 6 39 ss$ :9T zoe -se_am RT Y n t s.oRim, et &I. V. QTS OF C&tnMZ8rfA, at ' 2 (e) At all times heTain t rationed, Defeats STA= OF CALI rA aEI?ARTT OF SO;LTX= AM 1MTM YS, RAM RSCUVWXON DISTRICT, COMM OF CERA COST& and DOES 1-50 incl't atve j their :t9, 4 servants and t, t,loyees, and each of them, owned, maim tad, 'managed, c=trolled, i nApe eted, desiqued, posted, failed to goat signs; or a warning devices, failed to i=tall nav3.getioual '&Jda and failed to plan atarsd six zvise Italian Sl of gh at or near Iaendmark/navigatiox l 0 aid GPS :W-37.50.92 W-11 ..3S.12 in the Csa=t:y of! Contra Costa. State of Calif oxmia, thereby Creating a dangerous Coaditi cn:. 7 (f)On or shout May 12, 2002, and for some time prior t berets, Defendants sm%= OF CAa»rIPORE'SA DEPARTmNUT OP ROUTING AM WAMWAYS, VATIM RBCW14ATION DISTRICT, COMITY 0? COSH COSTA mad DOES 1-50 inclusive, their agents, Sets and employees, so negligently azd oarelftxXty owned, maintained, posted or failed to post signs, warning devices or navigational aide. Def +darts STATE O CAT,Z��A. in VEp.AAT =T' OF MAT= A= WkTER YS, T-VTSa RRC *ATIOU DXSTRSCT, CONY OF CO`! '3TM COST. and DOES 1-50 inclusive, failed to superwiss, it inspect and vAintain the watetty y and the land immediately adjacent thersto and as a result at they location on Italian. Slough idA t i.fied 12 above the waterway wax in a dangorous, defective and unaafe condition. 13 (g) Further, Detandaints STATE OF CAUPOPI & D13PARTMENI` OF BUT= ANS 14 "mrstCt+mys. SSR R3crio%TION n3:S=ICT$ Co=TX OF Comm COST& and DOES 3.-So iwlusive, their agents, sezv=ts and employees, and each of them, had aatual, or conatructive notice of the aforesaid, daxigewoun 95 and defective conditions for a. reasonable period of time prior to the date of the subject sccidust to have taken insiasures to correct, warn, 16 or otherwise protect users of said waterway against said haiaxdouo and dangerous us co .tio . 1r (h) Dek r4ants M.TE CF CALIPtIPIUA DEPARTMENT Or Bd,AT'ING ANS 6t WATmuyb, WATIM RECtJW&Ti0N DIMIcT, 00MITY OF CCNTPU% COS= and DOES I-SO inclusive, their agents, servants a d employees, and each. 3 of t bea, knew, or, in the exercise of o dicey cam, should bave awn. that the waterway and the condi.t±ou of the waterway at the site 20 of the Rocidemt created & reasonably foreseeable risk of injury to ,y users of said waterway, including Mai.rti,ff_ 21 22 23 24 25 ae - 2? this.teak tt st►mad+ V4dccf tree 0ftV rYJ *•nn gar qtr uok ATrACHMEW t asat onuat,ute t e to JUd#ci*l C DUR F*tM Z19`i etamo'd X55.1 619 -8 xnd a��sori 9e' l QO - �90 JLN-2572003 17=5d rATW Ste# OF 1M33 �,- �� 2019 :38.3 0311 P.11.33 SGA, et al v 8TA= OF CAWPOPIM, at al. . ....,� CAM OF ASN.Gener tl N"Homc w PW.L- A7TAc NNT TO Mconvwm Clcms-cowmt two a 4&'PWM&esuse of aeon*M t reach offttsa ofadonJ GWI, ). Ma to oICrWA, by and t brQU9h big Qaxdtan ad Liteim, JOBS VW # al ��VVW M ({i e)- D= 31,18r. ,G�'�RRNY�+ZM F OV'M ES IT3 XICELI i ZX=R i; VZFAMV ,��i� vats ( � cads of darts �. ey t is foWminq ads of affft ns to uk dewdW an r, t OR ABOM X/1.2/02 at Vow): or "ar tAt Italian alougx in the County of C=tre Owta, State of cal3fa=iar, at = n:er aid CC'S V-27.so.92 W-11:1.35;:Ls (dw#dw ofmown (a) plalutiff refers to a incorporates herein by this reference all of the allegations of the First Cause of ActlLon (Motor V6hi.c1a - Boating) and RecoAd Cause of Action (21-aMixes Liability) as if scat fOrth in full bovaiu below- (b) elowo(b) On or about May 12, 2002, Plaintiff, BMVMXM OXT= was a paeSeA r iu a begat bei ze cvarated by Defeg4antg PAPA= XLVMM a trav*lizcg eastbound an Italian Slough 1.n the City of Contra Costa, State of Calitornia, at or near laraark/naviga,ti. aid GVS X-37.50.92 W- 121-35-1 .•121..35.1 . At the same time and place, a boat ovned by Defendimt, TSE 1ST=2 OF MICMM ELOMELL, and being operated by Defendant, B= BUSH W.O =, was traveling west houad on Ttali= 9lW9h and apprdacbed the same navi�c ati al, location as given above. (c) At 5a3d t.JZO and place alleged uerei. crve. Defendants IASL D't VXRPJ 33t, TED RMTZ OF M1CH, B14MELL, 1RTA RUSH RLM=L and DOES 1 to 50, Inclusive, and each of t m, caged a ftty to Vlai stiff to act reasonably regarding tZeir ownership, entrustment, operation, maintenanQe and control of their boats whish were i.wlved in the colli.st= which occu=ed at said time and place hereizab+ove of legad and to own, entrust, operate, maintain azLd control said boats in a safe and legal raamaer. Said defendants breached their duty of ca a in that Defendant B5= 13LISB =103M and paf'm4a t PWRA . N&VAPJMTZ caused the boats they ware c tiarag to forcibly collides wiC:h each other. As a rewilt of the Hoeg .igesacle, carelessness and r+ecklesenesrs of I1O1ftdauts, and each of them., Plaintiff was ejected into the watex ax4 a ust:ai.ned severe personal injuries and mages. M As a direct and proziMate result of t: r agliger►ce, car6l4s6aess, raeXlessitass, and a lawfulxtess of said Defendants, a=d eac3a: of them, as aforesaid, plaintiff sustained severe personal IZJuzies, all to Plaintiff's daac ge in a sum within the JUriSdi:ctiOA of this Court and to l6e shon according to proof. CAUSE Of A►MON-Genaml N094 fence ASP. e7�it�tdtMatm Z9$-� EE�IItO'd t4�-1 $E15$t�-$SB xast+ua�-r€tss� gr:g� $$��-$t-$fl 1 PROOF OF SERVICE BY CERTIFIED MAIL 2 I hereby declare that I am a citizen of the United States, am over the age of eighteen years, 3 and not a party to the within action; my business address is 1.211 Newell Avenue, Walnut Creek, 4 California 94596. 5 On this date I served by Certified Mail, Return Receipt Requested, a true copy of the 6 foregoing CLAIM FOR INDEMNITY by placing a true copy thereof enclosed in a sealed 7 envelope with postage thereon fully prepaid, in the United States Post Office mail box at Walnut a 8 Creek, California, addressed as follows: 9 Attorneys For BETH ELISE BLONDELL: Attorneys For Plaintiff EMMANUEL 10 Mr. Daniel Blumenfeld OI2TEGA: P.O. Box 6549 Mr. John C. Stein 11 Incline Village,NV 89450 The Boccardo Law Firm a 111 W. St. John St. a 12 San Jose, CA 95113 m 13 California Vicim Compensation&Government Claims Board Contra Costa County Government Claims Division Clerk of the Board of Supervisors Z 14 P.O. Box 3035 651 Pine Street, l't Floor < w �4Sacramento, CA 95812-3035 Martinez, CA 94553 `.� 15 Z < 16 Xw c� �° H 17 I declare under penalty of perjury under the laws of the State of California that the 0 0 �c 18 foregoing is true and correct and that this declaration was executed on July 29, 2003 at Walnut 19 Creek, California. Z 20 21 Lisa M. U'Ren 22 23 24 25 26 27 28 CLAIM + BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY D ARD ACTION: SEPT. 09, 2003 Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAMANT 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 f r wTMwA ` ' ; 915.4. Please note all"Warnings". AMOUNT: $20,197.55 J, ,y CLAIMANT: ROBERT LANCE McADAM ATTORNEY: UNKNOWN DATE RECEIVED: JULY 31, 2443 ADDRESS: 445 OAKSH1RE PLACE BY DELIVERY TO CLERK.ON:JULY 31, 2443 ALAMO, CA 94547 BY MAIL POSTMARKED: HAND DELIVERED BY FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claire. JULY 31 2403 JOHN SWE T Jerk Dated: s By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Sup rvisors { ) This claim complies substantially with Sections 910 and 914.2. ( This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Beard cannot act for 15 days(Section 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). {:) f. pth�;j': s �r. 6 aL e:; }. `�5 �-c� .�; �;5;^ �', � � .���s ✓.�t;�� ` rr: r,.r,�.4.,� ,�?r; :j rt r 7777.77777 777. r;t,., v r Dated: � n By: ", - t, �County Counsel III. FROM: ' Clerk of the Board TO: County Cciuns l(1) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV OARD ORDER.: By unanimous vote of the Supervisors present: This Claim is rejected in.full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: , -OZ JOHN SWEETEN, CLERK,By , Deputy Clerk WARNING(Gov. code secti 913) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Goverment 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 porjury that I are now, and at all times herein mentioned, have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified:copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ' JOHN SWEETEN, CLERK,By Deputy Clerk OFFICE OF THE COUNTY COUNSEL +�'A SILVANO B.MARCHESI COUNTY OF CONTRA COSTA « ' a - O COUNSEL Administration Budding +9^• � 651 Pine Street, 9IOC}r r' _ z a SHARON L.ANDERSON I - CHIEF AssISTANT Martinez, California 94553-1229 s ° t GREGORY C. HARVEY (925) 335-180{7 VALERIE a. RANCi1E (925) 646-1078 (fax) r AssIsTANTs a NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Robert Lance McAdam 445 Oakshire Place Alamo, CA 94507 RE: CLAIM OF: Robert Lance McAdam Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] 1. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s)of the public employee(s)causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($1.0,000). if the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation,the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. [ j 6. The claim is not signed by the claimant or by some person on his or her behalf. [XI 7. You are required to submit your claim on the proper form,which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. Page 1 [X] 8. Other: This does not appear to be a proper claim for damages under Government Code Sections 905, 910, and 910.2. SILV ANT O . MARCHER COUNTY-COUNSEL Assista�(dount)rdounsel s CERTIFICATE OF SERVICE BY MAIL (C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated. .'s. a at Martinez,California. e Z cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY of CLAIM:GOVT.CODE§§910,9317.2,920.4,910.8) Mage 2 FIRST NOTICE OF COMMERCIAL LIEN WARREN E. IZUPF J 7 OFFICE OF THE SBERIFF OF CONTRA COSTA CO 003 920 MELLUS STREET MARTINEZ, CA. 94553 REGISTERED MAIAt, !!P July 25, 2003 Warren E. Rupf d/b/a WARREN E. RUPF-SHERIFF THE OFFICE OF THE SHERIFF OF CONTRA COSTA COUNTY—920 MELLUS STREET MARTINEZ, CA. 94553 Lear Warren E. Rupf et al, EQUALITY UNDER THE LAW IS PARAMOUNT AND MANDATORY BY LAW. I,Robert Lance McAdam am Competent for handling my own affairs. I,Robert Lance McAdam have Power of Attorney for representing and a Copyright on the fiction ROBERT L. MCADAMCD. A sovereign cannot be sued in his own court. You are an accomplice and are responsible for the following incident: On or about June 9, 2003 Mark Weikel and Michael Casten, with the threat of arrest,unlawfully and illegally stole property, (my Ford Expedition valued at $20,197.55)from me at the direction of a Third Party Debt Collector_ They were told by me and shown by me proof(a signed certified mail receipt)that your office received documentation that satisfied the Notice of Ruling for case NO.WS03-0570. Mark told me your office had no such documentation in the file. I gave them both copies of the documentation that was sent to your office and Mark proceeded to make a legal determination by telling me that the payment instrument was not legal. After speaking with your office Mark and Michael, decided to threatens me with arrdst and steal my car. The proper protocol and Lawful/Legal metbV for taking my property is to file suit in the proper court, have a hearing and receive a judgment from the court and by abstract the judgment is final. You have not followed proper protocol. I do not have a CONTRACT with you, signed by me that gives permission for taking my property. You do not have my permission for making a legal determination for me in this matter, commonly called"Practicing Law Without a LicenseSS, a commercial crime. Warren E. Rupf et al, you have stolen my property and this is your FIRST NOTICE of GRACE for allowing you to return my property that you have stolen. To correct the theft that Warren E. Rupf et al has committed and to release THE OFFICE OF THE SHERIFF OF CONTRA COSTA COUNTY herein after referred to as CCC SHERIFF, from this FIRST NOTICE OF LIEN you must return to me all of my property that you have stolen. Absent your compliance with my offer of FIRST NOTICE OF GRACE for Warren E. Rupf; et al and CCC SHERIFF, a Commercial Lien will be placed on all of CCC SHERIFF property and the personal property of Warren E. Rupf et al. Also Involuntary Bankruptcy will be placed on all CCC SHERIFF property and Warren E. Rupf et al, for the Commercial Crime of practicing Law without a License. THIS MY FIRST offer by NOTICE OF GRACE dated July 25, 2003, offered to Warren E. Rupf et al and CCC SHERIFF for correcting his/their theft of my property. Warren E. Rupf et al and CCC SHERIFF have twenty-one(21)days for compliance. Robert tame McAdam Robert Lance McAdam Robert Lance McAdam FIRST NOTICE OF COMMERCIAL LIEN MICHAEL CASTEN OFFICE OF THE SHERIFF OF CONTRA COSTA COUNTY 920 Nd ELLUS STREET MARTINEZ, CA. 94553 REGISTERED MAIL July 25, 2003 Michael Casten d/b/a MICHAEL CASTEN—LIEUTENANT THE OFFICE OF THE SHERIFF OF CONTRA COSTA COUNTY—920 MELLUS STREET M:ARTRNE2, CA. 94553 Dear Michael Casten et al, EQUALITY UNDER THE LAW IS PARAMOUNT AND MANDATORY BY LAW. I,Robert Lance McAdam am Competent for handling my own affairs. I,Robert Lance McAdam have Power of Attorney for representing and a Copyright on the fiction ROBERT L.MCADAMQ. A sovereign cannot be sued in his own court. You were an accomplice to the following incident: On or about Tune 9,2003 Mark Weibel et al, with the threat of arrest,unlawfully and illegally stale property, (my Ford Expedition valued at$20,197.55)from me at the direction of a Third Party Debt Collector. Mark was told by me and shown by me proof(a signed certified mail receipt)that your office received documentation that satisfied the Notice of Ruling for case NC?WS03-0570. Mark told me your office had no such documentation in the file. I gave you both copies of the documentation that was sent to your office and Mark proceeded to make a legal determination by telling me that the payment instrument was not legal. After speaking with your office Mark and you, decided to threaten me with arrest and steal my car. The proper protocol and Lawful/Legal method for taming my property is to file suit in the proper court,have a hearing and receive a judgment from the court and by abstract the judgment is final. You have not followed proper protocol. I do not have a CONTRACT with you, signed by me that gives permission for taking my property. You der not have my permission for making a legal determination for me in this matter, commonly called"Practicing Law Without a License", a commercial crime. Michael Casten et al, you have stolen my property and this is your FIRST NOTICE of GRACE for allowing you to return my property that you have stolen. To correct the theft that Michael Casten et al has committed and to release THE OFFICE OF "THE SHERIFF OF CONTRA COSTA COUNTY herein after referred to as CCC SHERIFF, from this FIRST NOTICE OF LIEN you must return to me all of my property that you have stolen. Absent your compliance with my offer of FIRST NOTICE OF GRACE for Michael Casten, et al and CCC SHERIFF, a Commercial Lien will be placed on all of CCC SHERIFF property and the personal property of Michael Casten et al. Also Involuntary.Bankruptcy will be placed on all CCC SHERIFF property and Michael Casten et al, for the Commercial Crime of practicing Law without a License. THIS MY FIRST offer by NOTICE OF GRACE dated July 25, 2003, offered to Michael Casten et al and CCC SMUFF for correcting his/their theft of my property. Michael Casten et al and CCC SHERIFF have twenty-one(2 1) days for compliance. Robert Lance McAdam Robert Lan McAdam Sol— Robert Lease vcAdam u.sPAIDsfAr, � - 0 00 ALAMO-CR 94507 {" uurrsr+srctcS ,UAMOUNT UUL. 25 1 991 .. a.,�Pjd�! / I + � POSi'3t XFRYIC'6' •� 0000 94553 $7509s 4_ S ps k At` JUL 23 CIO c FIRST NOTICE OF COMMERCIAL LIEN MARK WEAL OFFICE OF THE SIERIFF OF CONTRA COSTA COUNTY 920 MELLUS STREET MARTINEZ, CA. 94553 REGISTERED MAIL I," w V* July 25, 2003 Mark Weikel d/b/a MARK.WEA-- SARGENT THE OFFICE OF THE SHERIFF OF CONTRA COSTA COUNTY--920 MELLUS STREET MARTINEZ, CA. 94553 Dear Mark Weikel et al, EQUALITY UNDER THE LAW IS PARAMOUNT AND MANDATORY BY LAW. I,Robert Lance McAdam am Competent for handling my own affairs. I,Robert Lance McAdam have Power ofAttorneyfor representing and a Copyright on the fiction ROBERT L. MCADA O. A sovereign,cannot be sued in his own court. On or about June 9, 2003 Mark Weikel et al,with the threat of arrest,unlawfully and illegally stole property(my Ford Expedition valued at $20,197.55)from me at the direction of a Thud Party Debt Collector. You were told by me and shown by me proof(a signed certified mail receipt)that your office received documentation that satisfied the Notice of Ruling for case NO.WS03-0570. You told me your office had no such documentation in the file. I gave you copies of the documentation that was sent to your office and you proceeded to mare a legal determination by telling me that the payment instrument was not legal. After speaking with your office you, decided to threaten me with arrest and steal my car. The proper protocol and Lawful/Legal method for taking my property is to file suit,ice the proper court, have a hearing and receive a judgment from the court and by abstract the judgment is final. You have not followed proper protocol. I do not have a CONTRACT with you, signed by me that gives permission for taking my property. You do not have my permission for making a legal der;:rmination for me in this matter, commonly called"'Practicing Law Without a License", a commercial crime. Marls Weikel et al, you have stolen my property and this is your FIRST NOTICE of GRACE for allowing you to return my property that you have stolen.. To correct the theft that Mark Weikel et al has committed and to release TETE OFFICE OF THE SHERIFF OF CONTRA COSTA COUNTY herein after referred to as CCC SHERIFF, from this FIRST NOTICE OF LIEN you must return to me all of my property that you have stolen. Absent your compliance with my offer of FIRST NOTICE OF GRACE for Mark Weikel, et al and CCC SHERIFF, a Commercial Lien will be placed on all of CCC SHERIFF property and the personal property of Mark Weikel et al. Also Involuntary Bankruptcy will be placed on all CCC "HMUFF property and Mark Weikel et al, for the Commercial Crime of practicing Law without a License. THIS Mei'FIRST offer by NOTICE OF GRACE dated July 25, 2003, offered to Mark Weikel et al and CCC SHERCHT for correcting hiskheir theft of my property. Mark Weikel et al and CCC SHERIFF have twenty--one(21) days r m ce. Robert Lance McAdam Robert Lance McAdam AW r'i<t Wow rt Y' s r..:,armrt^t 1 a7a. 5'< {'^'`+.'.•q P "4,- 'ry,�i, >we y s• xr �� t<, l ar#t CZ y z t 'f4 r rid �' E �- '� �r��� Yh!•`'"'< `r*'�,'`'t - - ��'���.Y w, .,,�,},F)q)�+5{,,.`,',•,',t rf ro... rjh`�/j " il[lY , Y yryry`}� Q8 {/��[ ■y/�� �.� , ✓'F x.JV/�3tk$It416T�a��`,t'j(4113[V{-+1.f1 yi t����,� � t� ''� {J'41��n}�M ytF N (1 t t# VQf 1}{5"i�G =C��� ��/ j��'s�j' ` [ �Y - (�'�+ SP,�y i'S s yU�i!{ia r} t rY tx,;, a }�4C/� y�'��{ q L7 NTRA�aLY1d { t r p 'r:.",. 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'3k;,sA iS7 .•rTr,. •- L.i"liM} :, m :,Q Ism, �i a `+¢ a Th.. f Y } t '� r5'6t i,"'ft✓, pr's y{a1yFa'4 *r° tJ :° x �,t, .t' r! :.{e.,,��* ss .J' x .yk1v, y � �}Ryer xmi� {4L1°7 I .i"At ag "",5 LwC �,p.~:, p�, ,;,s •rT „>>?l, > r' '3.�'z �., r k g s. n .2"T kis, DEFER . . ffJU ;VNICL �SC1e� e. eda t ri j{ , ��}} x ,� . r '"Fk ,{ r loge,it ;' aF s >wc �f T ,§,;+t.�y{§�f7�.,�♦'.+'Ya-,4.+.'i"vl`F Y �.;fi }g +'Y, d�. bi 3 'q�``�[L4 :;r .k.,s. -J( g7v 7A l i pt kt".'a rvr sxA< �,.w..�i ,.,':.^ M ,�, l.. .},r, "a, set " s :auk ``§£'k r�e L a . :. .5,n.....>rk i F v 2Fdt"'. ., 4i'{ ru4' 27 z t �rnt' twi+ #fl, ..ry"'..t } ta+:v.,t. ,,rrAi!a "t G 1. .:' t `W' f✓:. rs ''�":-4F 4.. .`; 4..:,� 1 s •i. Fy c.Ct: ?`>} q'> �: .i ;tv.l .,' 13,� ar s ..? '{' 4 i.:,issfi.% ; k' A. t t^ +. r,Ft ,�s :F r t ,• ri'tt, `+'r<n k Jt s h 't_ TPtyi` stl4 -s n i:»:� ti.r'6�.r;.,. _':r,•ans €::,x +a' t W- S. 211 }' ' N»�' a u., "`°a'X: s iJ-.l f .4 ! St ]F ' r A1nEj6 Y � �a s 4 J Z, - 1{�,, ��P i��nr'�Gs 1 F v a M t; ° ,, ]9 Y 1 yyq, f' ! F *�! + rf fi.,.� .'dS •t.;,,,� if"tf `°4�.F t;}''t kS f y.NSE-NN Tffis n' d � f t f ^i b ',.,s• �� ' 4 tri><7isl B>f11U L T'rtE,.� 4 5 ? tWMAKTA � :. t��,w x�--+" Ct S P 7 3�`i. 4 'fr ,k44i .giPd ! + In f Ir .. . ,. is NOR Tue jun i / Ub: 2b:06 2043 MESSAGE FROM CLETS CONTRA COSTA COUNTY 4FGA0000585. IV 'DATE: 06/17/03 TIME: 08 :2.5 EG VALID FROM: 49/08/02 TO 09/08/03 SC#:3XBR298 YRMD: 98 MAKE:FORD BTM :UT VIN : 1FMFU18L1WLA01213 1 /O :MCADAM ROBERT L/, MCADAM PAULA J, 445 OAKSHIRE PL CITY:ALAMO .C. : 07 ZIP#: 94507 SOLD: 00/00/97 RCID: 11/12/02 OLID: 02/21/03 LOCD: 4 /O' : FORD MOTOR CRDT CO, 264 INTERSTATE N PKWY NW, ATLANTA CITY:GA IP :30339 lPE:11 POWR:G VEH . : 12 BODY: O CLAS:HL *-YR: 00 EC STATUS: 06/14/2003 RENEWAL NOTICE EXTRACTED j 11/01/02 SMOG DUE 09/08/04 14/20/97 PREV LIG P536553 CLEARANCE INFORMATION RECORDS: V-IFFICE WORK DATE TECH/ID SEQ # VALUE FICHE DATE TTC 1.79 01/26/99 M9 0418 01.20.8, 00 00/00/00 H44 i 433 01/19/99 AA 7001 01203. 00 PRIOR SUSPENSE # 143 14/21/99 21 2691. 00525 . 00 00/40/40 POT i 141 09/29/99 20 4602 00524 . 00 PRIOR SUSPENSE � L42 06/06/04 BX 0440 00000 . 44 04/00/40 Z04 624 07/05/04 22 0032 00415 . 00 00/00/00 F44 1.40 09/06/00 51 2738 00407 . 04 00/40/40 POT 143 018/14/40 32 5057 00407 . 00 PRIOR SUSPENSE 141 09/20/01 22 7259 00227 . 00 04/00/00 POT 1 142 11/41./02 32 1.452 00288 . 00 11/04/02 POT N06 02/1.3/03 VT 5513 40000 . 010 04/40/00 Z04 05/31/2000-ODOMETER: 28, 363 MILES ACTUAL MILEAGE FEND i 1 f Pace 1 ,#!K-16-20it3 04,29PM FROM-COOKSEY OARD MARTIN & TOOLEN 714 491 1145 T-657 P.001/003 P-270 A Profe"iona!Corporation Attorneys at Law 535 Anton Boulevard,Tenth Floor Cosmo Masa,California 92626.1877 Telephone (714)431-1100 Facsimile {714}431-1119 Branch Ofl5'ces, Las Vegas,Nevada Scottsdale,AdZDna FOR IM MEDIATE DELIVERY DATE; June 16, 2003 PACES(incl, cover sheet): 3 Ii=CIFIENT PHONE FAX NO. Contra Costa County Sheriff Sargent Wycol ( 2 646-175 {925) 646-1769 CCs FROM: Linda Marie Ja:amail REFERENCE: FMCC v.McADAM et al., Case No.WS03-05�70 DOCUMENTS New instruction letter per your request ATTACHED: MESSAGE: Please find attached.hereto an amended instruction letter with the corrected address information per your request. 1 will be forwarding you the original of this letter. Thank you for your. attention to this matter and please contact me if you have any further questions. TIM MMA13B IS INTE sMED ONLY FOR THE IJS2 OF TH E INDIVIDUAL OR EIMY TO''NHTCH iT i5 ADDPMS-PD AND MAY CONTAIN MORMATION MATIS PRIVILEGEDAS WELLASCONFIDEI`TIALltNDMM1V£PT MOMDISCLOSURE UNDER APPLI ASLELAW.tZ=`i'HEREADEROFTHISMSSSAGF IS NOT TIS T.NTENDEDCwLII f'0 R'THE F-MIrLO T E OR A*E,NT RESPONSIBLE FORL DEWYMNG TREMESSAGE TO TIM DIMMED MCIPMNT, YOUARBHE MYA1t3'1PMDT ATANY.OWZMLXA:TION,DISTRIaL1^(`tONORCOPYINGOFT"MCOMMUNICAT,ONISSTIUCTLIPPROli]B Lt.IF"YOU HAVE iZ$CIx ED THIS Commt 2vICATIDN IN Erf. QP,PLEASE 4SE NOMFY THE FAX 55ND-=R.AT THE ABOVE TELEF114ONE 1+1(Ji BSRE IF YOU DO NOT RECCE ALL OF THE PAGES,PLEASE PHONE AS SOON AS POSSMLE. J1141�16-2tiO3 04: EP# FROM-OOUSEY HOWARD MARTIN TOOLS 714 431 114.9 T-667 P.002f003 F-270 Cooa 1, TOOLE , GAGE, DT,,TFY & A Prolmionst Corporation DovM R.Gooksey Brian R,Van Manor Attorneys at LSW trim L Yurek SyIvla M.Cranston rtobsn L Taoieh Rh-,�E.st-k 535 Anton Boulevard,Tenth Floor Rim M.DvAea Sawn K Bush" Kim P.Gage Drmakt S.Fergus,,1r t Costa M8&A,California 9262.£>a1$77 Anises»S.Camaill Motttm T.Mahsney— ft#ftir J.Dutty Pamsie G.LaceyTirnovy in,oft Richard E.Slshap IV phltip M.Woog Telen#iane (714)431-1100' David M,Goodrich Rictutrtl G.$mes Gritalh H.Hayes` Facsimile; (714)431«111$ Paul K.Koffrun Tana A,drt Chea K,Lazmdook Leroy E.Sine Amy L Stein' &Sttdt Aromm *rr-4 m R.Kroesche Byrom J.Banr AJvmnder'r.Wimerg Craig S,Frost stem R.sangerter Lvxrem K Muter arench Cocoa, Randall P.mroazyttad steven IL esnest Los Vegas,Navada 5cottsda1e,Arizona Danioi W.Heiden,Of Courme i t,ka l urm'd in Arizcae "Aldo Humad is Neva& -I.WfaW in Namin roily 16 dune 2003 VIA FACSIMILE Contra Costa County Sheriff l�itict7relephane(714)431-1083 Direct Teiefac- Civil Court 'ii~NICE -O lite(714)428-84139 -Mail Address-serriest@mokseylaw.cOrrl 651 Pine Street, 7"' Floor Martinez, CA 94583 Rei SCG vRdrrt, at a/. Case No.: W S 03-0570 Vehicle: 1998 Ford Expedition Vllrl: IFMFU18L IWL.A01213 Dear Sheriff: We are the attorneys for plaintiff, Ford Motor Credit Company in the above- referenced matter. We have obtained an Orderfor Writ of Possession(Claim and Delivery) and Writ of Possession in connection with this case. Please find enclosed: • The original Writ of Possession and two copies; • Two copies of the Girder for Writ of Possession; and • Our check in the amount of$800.00 to cover your fee. Please consider this letter your instructions to: I. Serve the Order for Writ of possession on defendants, Robert L. McAdam andlor Paula J. McAdam, at 445 Oakshire Place, Alamo, California 94507 and demand immediate possession of the vehicle described as a 1998 Ford Expedition, VIN 1 FMFU18L IWLA01213 from defendants pursuant to Paragraph.5g of the Order for Writ of Possession. Please read paragraph 5g to the defendants. It is a direct order from the court ordering the defendants to turn over possession of the property and warming defendants that failure to do so may subject there to contempt of court, We have found when the Sheriff reads this paragraph, a defendant who has hidden the property will often tell the Sheriff where It Is located. 2200-000e 9488@.9 JUN-16-ZOOS 04:ZSPM PROM-COOKS5Y HOWARD MARTIN & T60LEN 714 431 1145 T-657 P.003/003 F-270 15 .lune 2003 Page 2 If defendants refuse to immediately surrender possession of the vehicle, please: 2. Serve the attached Writ Of Possession on defendant. Please note that the Writ of Posse sign is a direct oLder from t e Jud ge authorizin ou to ent r the private place listed on the Writ and to take Posgmsitin sof thesubilect vehicle. 3. Enter the premises, including the garage (attached thereto or detached, but on the property),located at 455 Oakshire Place,Alamo,California 94507 and execute the Claim and Delivery per the Writ of Possession. Please seize the vehicle listed on the Writ of Possession. Please note pursuant to C.C.P. § 514.010(c), If the vehicle is in a private place (such as a garage) "the levying officer may cause any building or enclosure where the property may be located to be broken open in such a,manner as he,reasonably believes will cause the least damage and may call upon the power of the county to aid and protect him . . ." Therefore, pursuant to C,C.P. § 510.010, if the defendants are not present or If the defendants refuse to open the garage,please break open the garage by cutting the lock or by rather means which you believe will cause "the least damage" and take possession of the vehicle. If you require a locksmith to open any building or cuff any lock off, our client will pay for the expense of the locksmith. If you need us to contact a locksmith who will work with your office, please let us know. If the locksmith needs to cut any lock.,our Tient will pay to have the locksmith replace the cut lock. In that event,please have the locksmith put the key for the nein loop in an envelope and place It in the defendants' mailbox or mail slot. Please give this matter your prompt attention. This is a prejudgment Writ and it is therefore subject to priority. The Summons, Complaint and Application For Writ of Possession were seared on Defendants on 25 Mauch 2003, prior to the hearing on 28 April 2003. We enclose our check in the amount of$600,00 to cover your fee. iffurther monies are needed, please call me collect. Tlta you far our assistance in this regard, !reordiall , aiv5: en . Erne t A me at La SEEftj ?,2t3U-OiN�B 94886.1 COOKSEY, TOOLENN, GAGE, DUFF WCC A Professional Corporation David R.Cwksay Brian R.van Matter Attorneys at Law Wilson E.Yurek Sylvia M.Cranston Robart L Toolon Richard E.duck 535 Anton,Boulevard,Tenth door Ryan M.Davies Susan K Bush" Kim P.Gage Donald E.Fergus,Jr.t° Costa Mesa,California 92626-1977 Allison S.Catcall! MatthawT.Mahoney— Patrick J.Duffy Pamela G.Lacey Timothy D.Otto Richard .Bishop W Philip M.Woog Telephone (714)431-1100 David M.Goodrich Richard G.somas Gr"th H.Hayes' Facsimile (714)431-1119 Paul K.Hoffman Todd A.James Thomas H.Lazorissk Lamy E.Elnapahr. Amy L,Stain- R.Sco#Andrews Thomas R.Kmasche Byron J.Bahr Alexander T.Winsberg Craig S.Frost Steven R.Bangerter Lawrence H.M€liar Branch Offices: Randall P.Mroazynaki Stevan E.Ernest Las Vegas,Nevada Scottsdale,Arizona Daniel W.Hoiden,Of Counsel t Also licer»ed 4r Arizona *Ako lioen"Z in Nevada **>.rc=LodarNov&only 20 May 2003 VIA OVERNIGHT EXPRESS Contra Costa County Sheriff Direct Telephone(714)431-10183 Civil Court ServicesDirect Teiefac>simile(714)428-8409 E-Mail Address-sernest0_cooksaylaW.Corn 651 Pine Street, 7th Floor Martinez, CA 04553 Re: FMCC v. McAdam et al. Case No.: WS03-0570 Vehicle: 1008 Ford Expedition VIN: 1 FMFU`I 8L 1 WLA01213 10 Dear Sheriff: x6ez' We are the attorneys for plaintiff, Ford Motor Credit Company in the above- referenced matter. We have obtained an Orderfor Writ of Possession(Claim and Delivery) and Writ ref Possession in connection with this case. Please find enclosed: The original Writ of Possession and two copies; - Two copies of the Order for Writ of Possession; and • Our check in the amount of$600.00 to cover your fee. Please consider this letter your instructions to: 1. Serve the Order for Writ of Possession on defendants, Robert L. McAdam and/or Paula J. McAdam, at 455 Oakshire Place, Alamo, California 045037 and demand immediate possession of the vehicle described as a 1908 Ford Expedition, VIN 1FMFU18LIWLA01213 from defendants pursuant to Paragraph 5g of the Order for Writ of Possession. _ Please read paragraph 5g to the defendants. It is a direct order from the court ordering the defendants to turn over possession of the properly and warming defendants that failure to do so may subject them to contempt of court. We have found when the Sheriff reads this paragraph, a defendant who has hidden the property will often tell the Sheriff where it is located. #90 00<iMansge>-fMCC v.McAdam-3I.r to Sho t.wpd 19 May 2003. Page 2 If defendants refuse to immediately surrender possession of the vehicle, please: 2. Serve the attached Writ of Possession on defendant. Please nate that the Writ of Possession is a direct order from the Judge authorizing you to enter the Rrivate place listed on the Writ and to take Possession of the subject vehicle. 3. Enter the premises, including the garage (attached thereto or detached, but on the property),located at 455 Qakshire Place,Alamo, California 94507 and execute the Claim and Delivery per the Writ of Possession. Please seize the vehicle listed on the Writ of Possession. Please note pursuant to C.C.P. § 514.010(c), if the vehicle is in a private place (such as a garage) "the levying officer may cause any, building or enclosure where the property may be located to be broken open in such a manner as:he reasonably believes will cause the least damage and may call upon the power of the county to aid and protect him . . ." Therefore, pursuant to C.C.P. § 510.010, if the defendants are not present or if the defendants refuse to open the garage, please break open the garage by cutting the lock or by other means which you, believe will cause "the least damage" and take possession of the vehicle. If you require a locksmith to open any building or cut any lock off, our client will pay for the expense of the locksmith. If you need us to contact a locksmith who will work with your office, please Jet us know. If the locksmith needs to cut any lock, our client will pay to have the locksmith replace the cut lock. In that event, please have the locksmith put the key for the new lock in an envelope and place it in the defendants' mailbox or mail slot. Please give this matter your prompt attention. This is a.prejudgment Writ and it is therefore subject to priority. The Summons, Complaint and Application For Writ of Possession were served on Defendants on 25 March 2003, prior to the hearing on 28 April 2003. We enclose our check in the amount of$500.00 to coveryourfee. If further monies are needed, please call me.collect. Thank you for your assistance in this regard.. Cordial] , S en E. Ernest ttorney at Law SEEIr eg Enclosures 22W-0038 90720.1 COURT OF CAUFORNIA, COUNTY OF CONTRA COSTA NAME OF MUNICIPAL OR JUSTICE COURT DISTRICT OR OF BRANCH COURT, IF ANY FOR COURT USE.ONLY SUPERIOR. COURT OF CALIF. , COUNTY OF CONTRA COSTA WALNUT CREEK, CA 94596-1.228 TITLE OF CASE(ABBREUtATED,' FORD MOTOR CREDIT CO. V. MCADAM ATTORNEY(3)NAME AND ADDRESS STEVEN E. ERNEST, #183957 COOKSEY, TOOL,EN, GAGE, DUFFY & WOOG 535 ANTON BOULEVARD TENTH FLOOR COSTA. MESA, CA 92626-1977 cAse NUMBER ATTORNEY(5)FOR TELEPHONE 714-431-1083 WS 0 3—0 5 7 0 FORD MOTOR CREDIT COMPANY FAX 714-431-11 .9 WRIT OF POSSESSION [X7 AFTER HEARING M EX PARTE 9. TO THE SHERIFF OR ANY MARSHAL OR CONSTABLE OF THE COUNTY OF(See footnote*before completing) CONTRA COSTA 2. YOU ARE DIRECTED a. To levy upon and retain in your custody,until released or sold(CCP 514.030),the following property or any part thereof(Describe): 1998 FORD EXPEDITION, VIN # !FMFU18L I WLLA01213 b. To enter the fallowing private place(s)to take possession of the above described property or some part thereof (Specify exact location): 445 OAKSHIRE PLACE, ALAMO, CALIFORNIA 945017 c. To return this writ and the certificate of your proceedings within 30 days after levy and service, but in no event later than 60 days after Issuance of this writ. Dated: MAY.1 X3 . . . . . . . . . . . F..H fherr. ,Aeric (SEAL) Sy i , Deputy NOTICE TO DEFENDANT: The plaintiff has fll d with the court a written undertaking, a copy of which Is attached hereto. You have the right to except to the sureties % ,m'' ti `'•, If on such undertaking or to obtain redelivery of the property.by.filing,a written.undertak ..t. ,µ.. ing, In the amount specified.in this writ, as prescribed by CCP 515.020. You also have Certain other rights as provided in CCP 512.01201 -512.1201. If your property has ,4 been taken pursuant to an ex parte writ of possession, you may apply under CCP ¢Il i'••. ,�� �„, 512.020(b) for an order that the writ be quashed and any property levied on be re- leased, and for other relief as provided, including an award of damages for any loss sustained by you as a proximate result of the levy. 'rhe word "plsintifr includes cros-complainant, "defendant' includes cross-defendant and the singular Irictudes the plural. A espy of plaintiffs undertaking must be attached to the original of this writ and all copies served(CCP 514.020) Form Approved by the WRIT OF POSSESSION t��.,l CCI 612.024.512.#20;534.010:514.090:514.040; Jucoclei Council or catltomia LxJ 515.010,515 020;10#p,1054s;1056. �i�ve.My#.1974 (Claim and delivery) I,. 1-14 Optional ram NAME AND ADDRESS OF ATTORNEY: TELEPHONE NO.: FOR COURT USE ONLY (I 714-431-1083 ISTEVEN E..: ERNEST, #183967 ## COOKSEY, TOOLEN, GAGE, DUFFY & WOOG ; 535 P-VTON BOULEVARD � •;s - -� TENTH FLOOR COSTA—KESA, 92!E26-1977 # r} insert name of court,judicial district or branch court,if any,and past ofrice and street address: � 4 L SUPERIOR COURT OF CALIF. , COUNTY OF CONTRA COSTA 640 YGNA.CIO VALLEY RD, r ri cCm , P. 0. BOX S.r.28r n .. .gip WALNUT CREEK, CA 94596-1128 WALNUT CREEK SUPERIOR COURT PLAINTIFF` FORD MOTOR CREDIT COMPANY DEFENDANT: ROBERT L. MCADAM, et al. ORDER FOR WRIT OF: POSSESSION }cAss NUMBER: AFTER HEARING ED EX PARTE IS03-0570 AFTER NEARING I. M Tule application of plaintiff for a wrist of possession carne on for hearing as follows(Check boxes in item 1c and d to indicate personal presence). a. Judge(Name): RICHARD .KA.SSOW . b. Hearing date: 28. APRIL .20473 . . . . Time:8:.30 A..M. [�J Dept. [� Div. F� Rm.No.: �13 . c. Plaintiff(Dame): rX,_ ]' FORD. MP T.OP, QnDIT. Q,0MP-;NY Attorney(Name): M STEVEN E: ERNEST d. Defendant(Name): M ROBERT L. - MACADAM ZT.AL Attorney(Name): F7 . . . . . . . . . . EX PARTE 2. 0 The application of plaintiff for an ex parte writ of possession has been considered by the court. a. Plaintiff(Mame): . . . . . . . . . . . Attorney(Name): . . . . . . . . . . . . . FINDINGS 3. The court finds a. Defendant has been properly served as required by CCP 512.030. (Strike if ex parte.) b. Plaintiff J has = has not filed an undertaking as required by CCP 515.010. c. Plaintiff has established the probable validity of his claim to possession of the following property(Describe): 1998 FORD EXPEDITION, VEHICLE IDENTIFICATION NO. 1FMFU18LIWLA01213 d. , There is probable cause to believe this property or some part thereof is located at one or more of the following private places: 445 OAKSHIRE PLACE, ALAMO, CALIFORNIA 94507 (CmUhued an reverse side) The word "plainer includes cross-complainant, "defendant" includes cross-defendant, singular Includes the plural, and masculine includes feminine and neuter. The declaration under penalty of periury must be signed in Califorrim, or in a state the', authorizes use of a deciaration in place of an affidavit; otherwise an affidavit is required. A copy of this order shalt be served with the writ of possession. Form Approved by the ORDER FOP,WRIT ©F"POSSESSION }r Judicial Council of Caitfomia S+.5'C7ku ns CCP 5]2.020; 572.030; 512.070; Revised Effective January T,7977 (Claim and delivery) ,.-, P574.090-050; 515.010 Option&[Form �(: AGtaiTIONAL.'FINDINGS FOR EX PARTE ISSU" ANCE 4. The court also finds a. Defendant gained possession of the property described in item 3c, which was not entrusted to him, by feloniously taking such property from plaintiff by means other than by false or fraudulent representation, pretense or embezzlement. b. The property is a credit card. c. The defendant acquired possession of this property in the ordinary course of his trade or business for commercial purposes, and (1) the property is not necessary for the support of defendant or his family; (2) there is an immediate danger that the property will become unavailable to levy by reason of being transferred, concealed or removed from the state, or will become substantially impaired in value by acts of destruction, or by failure to take care of the property in a reasonable manner; and (3) the ex parte issuance of a writ of possession Is necessary to protect the property. d. Total number of boxes checked in item 4: . . . . . 5. IT IS ORDERED a. The clerk of this court shall issue a writ of possession as provided in CCP 512.020, directing the levying officer within whose Jurisdiction the property described in item 3c, or some part thereof, is located, to seize such }property and retain custody of it as provided by CCP 514.010-514.050. b. [ The writ shall issue forthwith. c. C The writ shall issue upon plaintiffs Ming of a written undertaking, as required by CCF 515.010, in the amount of: $ N/A d. The written undertaking required by defendant for redelivery or to stay delivery shall be In the amount of: $ 19, 200 . 00 e. The clerk of this court shall attach a copy of this order and a copy of plaintiffs undertaking to the writ. f. The levying officer may enter the following private plade(s)to take possession of the property or some part thereof: 445 CAKSHIRE PLACE, ALAMO, CALIFORNIA 94507 g. Defendant(flame): ROBERT L. McADAM, PAULA J. MCADAM shall transfer possession of the property described in item 3c to the plaintiff, NOTICE TO DEFENDANT Failure to comply with any order of the court to turn over possession of such property to plaintiff may subject you to being held in contempt of court. (Strike item 5g if not applicable) Dated: . . . . . . . . . . . . . oSSo+� {TYPE OR PRINT NAME) Judge CD-100[RaAsed effecSive January 1,19771 Page two Notice for Competency and Incompetence,Revocation of Power of Atte and Firing all Persons below and.Demand to cease and desist. Robert Lance McAdam 445 Oakshire Place Alamo,California[94507) To all agents;Administrators,acting as third party titled persons. Equality under the Law is PARAMOUNT and Mandatory by law. I am competent to handle my own affairs. A sovereign cannot be tried in his/her court. I am accepting all documented matters as recorded by the below listed,present or future with the person named ROBERT L MCADAM@ or any other derivative and everything in them as true. I am returning all documented recorded pasta present and future matters to you for discharge and closure. To all BAR members and.P party agents acting inland for the foHowig; 1. The CROWN OF ENGLAND et, al. 2. The UNITED NATIONS et.al. 3. The UNITED STATES et. aL and/or the united States of America 4. The TREASURY OF THE UNITED STATES et.al. 5. The FEDERAL RESERVE et.al. 6. The LATERAL REVENUE SERVICE et.al. 7. The BUREAU OF ALCOHOL AND FIREARMS et.al. 8. The UNITED STATES POSTAL SERVICE ct. al. 9. The FEDERAL BUREAU OF 114VESTIGATIONS et.aL 10. The FEDERAL BUREAU OF PRISONS et.al. 11. The FIFTH U.S.ARMY et.al. 12. The STATE OF CALIFORNIA et.al. 13. The COUN'T'Y OF CONTRA COSTA at.al. I,Robert Lance McAdam,now and forever,declare all the 3d party Agents for the above so named as incompetent and I presently and permanently revoke their power of attorney for representing or making any legal determinations for me in any of my affairs. You are now FIRED! Return the voucher to me immediately. It is Derby Demanded and ordered by the Sovereign,Robert Lance McAdam,that all parties Cease and Desist all fAmp actions and those trespassing on the Land of California without speeifiic permission from the people's Certified Republi ent are demanded to leave this Land or be subject to th Sox reign,Californiaian people c This the day o 2003 by me seal: sures Witness Witness COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA NAME of fa uNIC}F'AL Onrt}i�usnci counT oismrT OR OF BRANCH COURT, IF ANY goR ctsui�r use ONLY SUPERIOR COURT OR CALIF. , COUNTY OF CONTRA COSTA WALNUT CREEK;, CA. 94596-1128 TITLE OF CASIS(A VAATM ?oRn MOTOR CREDIT CO. V. MCADAM ATTO Y(s)NAME AND ADDRESS STEVEN E. ERNES'T, #193967 COOKSEY, TOOLEN, GAGE, DUFFY rbc WOOD 535 ANTON BOULEVARD TENTH FLOOR case N;WR COSTA KESA, CA 92626-1977 ATTCMRNEY(s)FMO T�i�NE 714-431-1083 WS 0 3-0 5 7 0 `ORD MOTOR CREDIT COMPANY PAX 71.4-431-1119 WRIT OF POSSESSION X1 AFTER HEARING F7 EX PARTS I.TO THE SHERIFF OR ANY MARSHAL OR CONSTABLE OF THE COUNTY OF(See footnote*before completing) COITM COSTA 2. YOU ARE DIRECTED a. To levy upon and retain in your custody,until released or sold(CCP 514.030),the following property or any part thereof(Describe): 1998 FORD EXPEDITION, VIN #IFMFUISL1WLA01213 7'o enter 915owerilvate pias s)%to .k possession of the above fifes ec(property or some part thereof cation)-d 4 OA.XSHI E E FrIA45 7 • > to1 t� uwry n e rttftcate f your rocas ngs within 0 d; ys ie a A �oe l r of � (SEAL Nt7TiC D f`tt7ANT: The pialntlff h d with the tten underkaking, Is'llattached hereto. You have the right to except to the sureties ,� ,.• �. "•. 1 on such undertaking or to obtain redelivery of the pro erty-by filing._a_written.undertak Ing; in the-amount spedit)ed In this writ, as prescribed by CCP 515,020. You also have certain other rights as provided In CCP 512.020- 512.120. If your property has j •,i , ,r been taken pursuant to an ex parte writ of possession, you may apply under CCP a31�'�,•., ••" 512.020{b) for an order that the writ be quashed and any property levied on be re- 0 W leased, and other relief as provided, including an award of damages for any foss �»�•e.^�. sus load by as a proAmstaissult of the levy. The word "piaditgr ftludes nr In a efD aiti ulefr Includes the piuraf. A copy of plair.tr' undertoWng tomer be alt chW to trio 0 t zt I ci FarmAppavedbyft IT OF OSSESSICIN CCP 512,a2o-512,130,514.010-S14.MO-514.aa, URClatCMIC#Ofcolarnis 5/b,D1f2:6S$.a30;1afa;7b54e:1056. e%woa joly 1,1474 (Claim and Delivery) 00ft ei Foran NAME AND ADDRESS OF ATTORNEY: TELEPHONE NO.: 714-431-1083 FOR COURT USE ONLY STEVEN E. ERNEST, #193967 r y COOKSEY, TOOLEN, GAGE, DUFFY & WOOG 535 ANTON BOULEVARD TENTH 'FLOOR CQUA MESA,. CA 92626-1977 Insert mama of mart,judicial district or branch court,if any,and past office and street address: rih t t L f`L i SUPERIOR COURT OF CALIF. , COUNTY OF CONTRA COSTA 640 YGNACIO VALLEY RD. P. 0.. BOX 5128 �..;.:. . Hot eq WALNUT CREEK, CA 94596-1128 WALNUT CREEK SUPERIOR COURT PLAINTIFF: FORD MOTOR CREDIT COMPANY i DEFENDANT: ROBERT L. MCABAM, et al » I ORDER FOR WRIT OF POSSESSION CSE NUMBER: AFTER HEARING C1 EX PARTE WS 0 3-0 57 0 AFTER FEARING i. M The application of plaintiff for a writ of possession came on for hearing as follows(Checic boxes in Hem 7c and d to indicate personal presence). a. Judge(Name): RICHARD .K.ASSOW . b. Hearing date: 2 S. APRIL 2 0 0 3 . . . , Tittle:8 :.3 0 A..M. Dept. = Div. = Rm.No.: 113 c. Plaintiff(Name): X) FOS, MOTOR CRELI�T. gOMPANY Attomey(Name): STEVEN E. ERNES'T d. Defendant(dame): DORM ERT L MACA.:AM ET.AL .Attorney(Name): [�1 EX PARTE 2. = The application of plaintiff far an ex parte writ of possession has been considered by the court. a. Plaintiff(Names): . . . . . . . . . Attorney(Name): 3. The court finds FINDINGS a. Defendant has been properly served as required by CCP 512.030. (Strike If ex parte.) b. Plaintiff = has = has not filed an undertaking as required by CCP 515.010. c. Plaintiff has established the probable validity of his claim to possession of the foliowing property(Describe): 1998 FORD EXPEDITION, VEHICLE IDENTIFICATION 140. 1FMFU18L1WLA01213 d. X1 There is probable cause to believe this property or some part thereof is located at one or more of the following private pieces: 445 OA.KSHIRE PLACE, ALAMO, CALIFORNIA 94507 fcontirwed oo r*vtrnr side) The word "pi rtw' Includes t ro •oorrplpirien, °defendant" tnctudes cross-defendant, singular incudes the plural, and masculine includes feminine anti neuuter. Tho declaration under penalty of pedury must be signed in Caitfcarnia, or in a state that authot`rzas use of a declaration in place of an at 48vit; otherwise an affidavit Is required. A copy of tiffs order shall be$rowed with the writ of possession. JadF$oi � d jrCdf by tshta ORDER FOR WRIT OF POSSESSION 12.p7 ', 5 2.000; Revdisd Eifeciive asnusry 1,1977 (Claim and Delivery) Sow ns CCP 51512.020;,O1D- 51 61 030; 50 001*nal Farm ArjwrIONAL FINDINGS FOR EX PARTE ISSUANCE 4. (`"'__,, The court also finds a. 0 Defendant gained possession of the property described in item 3c, which was not entrusted to him, by feloniously taking such property from plaintiff by means rather than by false or fraudulent representallon, pretense or embezzlement. b. 0 The property Is a credit card. c. = The defendant acquired possession of this property in the ordinary course of his trade or business for commercial purposes, and (1) the property is not necessary for the support of defendant or his family, (2) there is an immediate danger that the property will become unavailable to levy by reason of being transferred, concealed or removed from the state, or will became substantially impaired in value by acts of destruction, or by failure to Mice bare of the property in a ieasonabie manner; and (3) the ex parte issuance of a writ of possession is necessary to protect the property. d.Total number of boxes checked in Item 4: 5. IT IS ORDERED a. The clerk of this court shall issue a writ of possession as provided in CCP 512.420, directing the levying officer within whose Jurisdiction the 'property described in item 3c, or Borne part thereof, is located, to seize such property and retain custody of It as provided by CGP 514.€110-514.454. b. ( # The writ shall issue forthwith. c, The writ shall issue upon plaintiff's filing of a written undertaking, as required by CCP 515.010, in the amount of, $ N/A d. The written undertaking required by defendant icor redelivery or to stay delivery shall be in the amount of: $ 19,'200-04 a. The clerk of this court shall attach a copy of this order and a copy of plaintiff`s undertaking to the writ. f. The levying officer may enter the following private place(s)to take possession of the property or some part thereof: 445 OAKSHIRE PLACE, ALAMO, C.ALIFORMA 94507 g. Defendant(Name): ROBERT L. McADAM, PAULA J. McADAM shall transfer possession of the property described in item 3c to the plaintiff. NOTICE TO DEFENDANT Failure to comply with any order of the court to turn over possession of such property to plaintiff may subject you to being held In contempt of court. (Strike item 5g If not applicable) Dated: . . . . . . . . . . . . . . . (TYPE OR-PRINT NAME) Judge CD-100lfto ed a eclive January 1,1977; Page ivrG 1 STEVEN E. ERNEST (STATE BAR NO. 183967) KIM P. GAGE (STATE BAR NO, 062081) 2 C�t3OkiEY, TOOL,EN, GAGE, DUFFY & WOOG A Professional Corporation 3 535 Anton Boulevard, Tenth Floor Costa Mesa, California 92628-1977 4 Telephone: (714} 431-1100 , Facsimile: (714) 431-1119 5 Attorneys for Plaintiff, 6 FORD MOTOR CREDIT COMPANY, a Delaware corporation 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA g COUNTY OF CONTRA COSTA, WALNUT CREEK SUPERIOR COURT 10 11 FORD MOTOR CREDIT COMPANY, CASE NO. WS03-0570 4 a Delaware corporation, t,12 PlaintiffNOTICE OF RULING 1013 , 14 vs. 15 ROBERT L. MCADAM, PAULA J. Q - MCADAM and DOES 1 through 100, U16 inclusive, � 4 17 Defendants. j 18 19 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS: 24 PLEASE TAKE NOTICE that the hearing on Ford Mater Credit Company's Application 21 for Writ of Possession carne on regularly for hearing on 28 April 2.003, in Department 113 of 22 the above entitled court. Steven E. Ernest appeared on behalf of Plaintiff Ford Motor Credit 23 Company. Defendants Robert L. McAdam and Paula J. McAdam failed t.o appear. 24 Ill 25 26 111 27 111 28 111 k � NOTICE OF RULING 2200-0006 874951 The court granted Plaintiffs Application for Writ of Possession. The Band required by 2 Defendant for redelivery or to stay delivery of the vehicle shall be in the amount of$19,200,M 3 R i 4 DATED: April 28, 2+033 COOKSEY, TOOLEN, GAGE, DUFFY & WOOC I 7 ven E. est 8 'Attorneys for Plaintiff, Ford Motor Credit Company 9 1 E3 14 X0,13 14 115 17 18 19 20 � 21 22 I accept your offer. t am returning to you for closure in 23 this matter, 24 ° ..PiVRERT me the voucher--, _ 4 25 B �: !�� Date`����; 26 L.ANCEE MCADAMC 27 .Attorney in .Fact -� E 28 1 k 2 NOTICE OF RULING zz1DO-�au6 87495', COPY REG 5TERED MAIL RA 558 032 24JS May 15,2003 Robert L.McAdam 445 Oakshire Place Alamo, California[94507] Ref.-ss#567-72-5071 Case No.WS03-0570/McAdam,Hobert L Notice: April 28,2003 As of the date of this notice-you owe 219,200 plus other char,.es AGENTS for the PLAINTIFF FORD MOTOR CREDIT COMPANY, a Delaware corporation STEVEN E.EItNEST,Attorney KIM P.GAGE,Attorney COOKSEY,TOOLEN, CAGE,DUFFY&WOOG 535 ANTON BOULEVARD, TENTH FLOOR COSTA MESA, CALIFORNIA 92625-1977 AGENT for the STATE STEVEN E.ERNEST,Attorney Elm P. GAGE,Attorney COOKS EY,TOOLEN,GAGE,DUFFY,&'4S1"OOG 535 Anton Boulevard,Tenth.Floor Costa Mesa,California.92626-1977 AGENT for the COURT CLERK OF THE SUPERIOR COURT CONTRA COSTA COUNTY/WALNUT CREEK J.HILBUN 640 YGNACIO VALLEY ROAD WALNUT CREED.,CALIFORNIA 94596-3820 Bond to discharge attachment for debt for Case No.WS03-0570 MCADA , ROBERT E and Notice_ dated April 28 2003 As of this state you owe$14,200.00 plus other urges I,Robert Lance McAdam,principal,surety,owner is held and bound to pay AGENTS,FORD MOTOR CREDIT COMPANY. dollars (to be filled in by COOKSEY,TOOLEN,CAGE,DUFFY& WOOG, as They have not given the final amount they seek)unless the said Defendant ROBERT L MCADAM(D shall satisfy any judgment which may be recovered against him by the said Play ndff,AGENTS,FORD MOTOR CREDIT COMPANY, in their attachment against said Defendant ROBERT L MCADAMC for dollars(to filled in by AGENTS,FORD MOTOR.CREDIT COMPANY, as they have not given the final amount they seek),for discharge of said Case No.WS03-0570 MCADAM,ROBERT LC and- Notice dated April 28,2003,as of this date you owe$19,200.00 plus other charges,recorded by AGENTS, FO 1V101 tl CREDIT COMPANY and AGENT STEVEN E.ERNEST-COOK.SEY,TOOLEN, MACE, D & On May 15,2003. By , bent L a man holder in arse,principal, surety,owner Ititegotiate this item through the bast;office for settlement via the pass throe account at the treasury window Department De Hacienda Secretary of the Treasury 1$fanuel Diaz Saidana P.O.Bos 4515 .sap,Juan,Puerto Rico,00902 A dishonor of the above band is sedition against the united States Treasury Cc/Governor,State of California;Office of the Sheriff Contra Costa County,Calfiornia Enclosures:Instructions,Bond,Papers f mm Agents for the STATE,Power of Attorney,Copyright Bond for Robert Lance McAdam COPY REGISTERED MAIL RA 658 032 224 US May 15,2003 Robert L.McAdam 445 Oalcshire Place Alamo, California.[94507] Ref.- ss#567-72-5071 Case No.WS03-0570/McAdam,Robert L Notice:April 28,2003 As of the date of this notice,you owe$M,200.00 plus other charges AGENTS for the PLAINTIFF FORD MOTOR CREDIT COMPANY, a Delaware corporation STEVEN E. ERNEST,Attorney YJM P.GAGE,Attorney COOK.SEY,TOOLEN,CAGE,DUFFY&4VOOG 535 ANTON BOULEVARD,TENTH FLOOR. COSTA MESA, CALIFORNIA 92626-1977 AGENT for the STATE STEVEN E.ERNEST,Attorney jK�IM P. GAGE,Attorney 1 OOKSEYjOOLEN,4JA1#E,,Al FFY,&W{,.Ft. G 535 Anton Boulevard,Tenth Floor Costa Mesa.,California.92626-1977 AGENT for the COURT CLERK OF THE SUPERIOR COURT CONTRA COSTA COUNTY/WALNUT CREEK J.I11LBUN 640 YGNACIO VALLEY ROAD WALNUT CREE&CALIFORNIA 94596-3820 INSTRUCTIONS FOR DISCHARGE AND RELEASE OF DEBT AT GLACE Band to discharge attachment for debt for Case No.WS03-0570 and Notice dated April 28,2003 As-of this date you owe SM20M vlus other charges To each and all of the above, concerning Case No.WS03-0570 MCADAK ROBERT LC and Notice dated April 28,2003,as of this date you owe$19,200.00 plus other charges regarding ROBERT L MCADAMC. The debt has been satisfied and returned to you with the attached bond.Discharge instrument Case No.WS03-0570 MCADAM, ROBERT LC and Notice dated April 28, 2003,as of this date you owe$19,200,00 and release ROBERT L MC AMC or MCADAM,ROBERT LO from the purported debt and notify me,principal and owner and co when y done this.You are using My exemption. By Rubelance Mc a roan holder in due course;principal, owner Neg to this item through the back office for settlement via the pass through account at the treasury window Cc/Governor, State of California; Office of the Sherr Contra Costa County, Calf'iornia Enclosures:Instructions for Bond;Bund;papers from.Agency;Power of Attorney;Copyright; Territorialism; Declaration of Independence Bond for Robert Lance McAdam TROT$AFFMAVff M NA;nM QF „ITPLEMENTAL RULES FOR AD STRATI WAND MARIMM CZAtIVCS RULES C Grant of Exclusive power of attorney to conduct all tax„ business,and legal affairs of principal person. POWER OF ATTORNEY IN FACT ROBERT LANCE MCADAM,or any derivative thereof,CIC?445 OAKSME PLACE ALAM0,CA 94507 is the Copyright belonging to I,Me,My,Myself addressee Robert Lance McAdam Non-domestic,c/o 445 Oakshire Place,Alamo, CaWornia,a Living Soul,Principal,and Title-owner with Power of Attorney in Fact.To take exclusive charge of, mage,and conduct all of my tax,business and legal affairs,and for such purpose to act for My Copyright,without limitation on the powers necessary to carry out this exclusive purpose of attorney in fact as authorized: (A.)To take possession of;Mold,and manage My Copyrights real estate and all other property, (B)To receive money or property paid or delivered from any source for My Copyright; (C)To deposit funds in,make withdrawals from,or sign checks or drafts against any account standing in my:name individually or jointly in any bank or other depository,to cash coupons,bonds,or certificates of deposits,to endorse checks,notes or other documents in my Com name;to have access to,and place items in or remove them from, any safety deposit box standing in My Copyright,individually or jointly,and otherwise to conduct bank transactions or business for me in my name; (D)To pay for My Copyright,arty just debts and expenses,including reasonable expenses incurred by my attorney in fact Robert Lance McAdam,in exercising this exclusive power of attorney. (E)To retain any investments,invest,and to invest in stocks,bonds,or other securities,or in real estate or other property for My Copyright, (F)To give general and special proxies or exercise rights of conversion or rights with respect to shares or securities,to deposit shares or securities with,or transfer them to protective committees or similar bodies,to join in any reorganization and pay assessments or subscriptions called for in connection with shares or securities; (G)To sell,exchange,lease,give options,and make contracts concerning real estate or other property for such considerations and on such terms as my attorney in fact Robert Lance McAdarn,may consider prudent; (l)To improve or develop real estate,to construct,alter,or repair building structures and appurtenances or real estate; to settle boundary lines,easements,and other rights with respect to real estate;to plant,cultivate,harvest,and sell or otherwise dispose of crops and timber,and do all things necessary or appropriate to good husbandry. (T)To provide for the use,maintenance,repair,security,or storage of my tangible property; (.l)To purchase and maintain such policies of insurance against liability,fire,casualty,or other risks as my attorney in fact Robert Lance McAdam may consider prudent; The Agent/Living SoA Robert Lance McAdam,is hereby authorized by law to act for and in control of My Cc+PYri ..._ ROBERT L MCADAM,or any derivative thereof In addition,through the exclusive power of attorney,to contract for all business and legal affairs of My Copyright:MCADAM ROBERT L. The term"exclusive"shall be construed to mean that while these powers of attorney are in force,only the attorney in:tact may obligate The Copyright in these matters,and The Copyright can not obligate with regard to the same.This grant of Exclusive Tower is Invvocable during the lifetime of the Title Owner/Living Soul,Robert Lance McAdam. Executed and scaled by the voluntary act of my own hand,this 9e' day of X2003.T am. This instrurrruent was prepared.by Robert L McAdam... Acceptance: ROBERT L MCADAMC GRANTOR My Copyright Executed without the UNITED STATES,I declare order penalty of perjury under the lags of the State of California that the foregoing is true and correct. I,the above named exclusive attorney in fact, do hereby accept the fiduciary interest of the herein-named COPYRIGHT and will execute the Herein-gran -cif-attorney with due genre. Bert Lance McAdam,Title Owner, ttorney in Fact,With the Autograph Notice Using a notary on this document does not constitute any adhesion,nor does it alter my status in any manner. The purpose for notary is verification and identification only and not for entrance into any foreign,jurisdiction,a bene�'t for the Pagans and Heathens so they whom I pray may berme knowledgeable in the truth for the Law by ourHoly.F'adwr in Heaven and repent,so they will no longer be alienated from their true God,.Yahweh. Jurat comity ] r�.. l ss: State of �'� ] Subscribed and affirmed before me this 9th day for the fifth month (May) in the year of our Lord and Savior,Two Thousand and Three,A.I . "Ntitary Seal Address of Notary - �-�-� ..��2 .ifr�i`- a .-.��L'---- � :�;....�. .�4...� ,�, �' NATASHA C OKTIORJVA;, Z tt' �' ^ . , ✓ 0 NWARYPUBLIC-CALIFORNIAO 2 CONTRA COSTA COUN Y0 COMM.EXP.JULY 4,2 Ivey Notary Expires >r TRUTH AFFIDAVIT IN TBE NATURE OF SUPPLENIENTAL RULES FOR ADMMNISTRATIVE AND MARnIME CLAIMS RULES C(6) COPYRIGHT In the matters for commerce,All commerce operated in truth,demand far truth is made by all,warty for full disclosure=who are you?Who do you represent and who is the real party of interest?Is the real party of interest the Commonwealth for Britain, the British Crown, the Queen for England, the Holy See?Is the United States flying the Queen's Banner Flag? Rzat city does the Flag in the United States and State Court Houses, the Mouse and the Senate, State and Federal and the oval office's State and.Federal represent?Have you desecrated our Flag for Liberty old Glory the lawful Flag for the United States defined by 4 USC J Verified Declaration in the Nature by an Affidavit for Truth in Commerce and Coact by Waiver for Tort Presented by I, me,my,myself addressee,Robert L.McAdam living soul,one for We the People under Original Common Law Jurisdiction by the state of California and united states of America Contracts,the Constitutions. Republic and one by the) several united.states } ss California } in America } For.Whom it may concern.:In the Matter for ROBERT LANCE MCADAM;ROBERT L MCADAM;Robert Lance McAdam-,Robert L McAdam(and all derivatives thereof): L Me MY.Myself, addressee,Robert Vance McAdam, (herein after Title Owner) the undersigned for one We the People, Sovereign, natural born living souls,the Posterity, born upon the land in the one for several counties within the one for the several states united for America, the undersigned Posterity, Creditors, Claimants and Secured Party, herein after'I. Me, M n„iM„yself.Title Owner"do hereby solemnly declare,say and state: 1.I Me,Mv.Myself.the Title Owner am competent for stating the matters set forth herewith 2.L Me,NIv.Myself,the Title Owner have personal knowledge concerning the facts stated herein 3. All the facts stated herein are true, correct, complete, and certain, not misleading, admissible as evidence, and if stating I.me,My,Myself+the Title Owner shall so state. Plain Statement of Facts A Mattgr must,be,a ressed for being resolved.In commerce truth is soverei .Truth is r eased in the farm for an Affidavit. An Affidavit not mbqtt d stands as Toth in +commerce An.Alli avit not rebutted after th N days, becomes the NAjm_wt in commerce. A Truth AMdl vit der carnet rcial taw, can only be satisfied: by Trurth Affidavit relauttal b 2aggat by int by resolution r-by Common Law;Rules by a,u . L Me,Mvx—Myself,the Title(honer,am expressing truth by this Verified Declaration in the Nature for an.Affidavit of Truth in Commerce and Contract by Waiver for Tort Presented by me, addressee, Title Owner,living soul, one for We the People under Original Common Law Jurisdiction for the California and United States of America Contracts,the Constitutions. RE the public record is the highest evidence form, T, Me, My,Myself, Title Owner, am hereby timely creating public record by Declaration with this Verified Declaration in the Nature for a Truth Affidavit in Commerce and Contract for a Tort Waiver Presented. by Me, addressee, living soul, the Tittle Owner, one for under We the People under Original Common Law Jurisdiction for the California and United States of America Contracts,the Constitutions. €. Fit. The person known as ROBERT LANCE MCADAM or ROBERT L MCADAM, (and all derivatives theretrfj is fiction without form:or substance, and any resemblance for any natural born body Irving or dead as entirely intentional in commercial fraud. by Genocide acts for We the People for Cs€ifoby the alleged Government officials and agents for the Commercial Corporation and Commercial Courts for the disfranchising purpose, We the People for Moroifrom our Life, Liberty, Property, and Happiness Pursuit, among other Rights, for their self enrichment using their California Rids of Civil Procedure, outside the law authority and our Courts by original ,jurisdiction. 2: .I have placed a copyright on the Fiction issued for Me without My Permission or consent by assent known as ROBERT INCE MCADAM, ROBERT L MCADAM, R LANCE MCADAM, Robert L McAdam fig on and all derivatly-gs thereof,is now My private property and cannot be used without My prior written consent and then only under tete terms set out in this contract 3. Fact: The Fiction is My perfected securities and registered by contract with me and with the Secretary under State of California as such for five years and is My recorded copyright Fiction by this declaration under original common law jurisdiction for one-hundred(100)years and is My private property,the Secured Party,for.Ivey Estate protection, My Life,and My Liberty. 4.Fact:Using My Fiction on any document associated in any manner with My Estate or Me,the holder in due course, Secured Party,Exempt from.Levy,without My written prior consent is strictly forbidden and chargeable against each user and issuer in the amount,the sura certain for one thousand(1,000.00)dollars, silver specie, in lawful courage for the united states of America per user and per issuer per Fiction. S, Fact. Using My Fiction for the intended gains for themselves (the issuers or users) or.for others for any of My Rights, my private property or any part about my Estate without frill disclosure and my written prior consent is strictly forbidden and chargeable per each user and issuer, in the amount of the sum certain for one million(1,000,000.00) dollars silver specie in lawful coinage for the United States of America as defined under Article I, Section. 10 of We the People's Contract/Constitution for the Urnted States of America per using Fiction including any past,present,or futunre use. 6. Fact: Using My Fiction on any document associated in any manner with.my Estate or me,the holder in due course, Secured Party,and Exempt from Levy, without my written prior consent is all the evidence required for enforcing this agreement/contract and evidence that any and all users and issuers are in full agreement and have accepted this agreementicontract tinder the condition and terms so stated and set forth herein and is due and payable under the terms and conditions set forth herein by this agreement/contract. Me. the Title Owner, am not an expert in the Law, however I do know right from wrong. If there is any human being that is being unjustly damaged by any statements herein,if he/she will inforn rite by facts,I will sincerely make every effort and amend my ways. I l!!Ie. Mv. Myselfthe Title Owner hereby and herein reserve the right for amending and make amendment for this document as necessary in order that the truth may be ascertained and proceeding justly deterred. If any living soul has information that will controvert and overtome this Declaration,since this is a commercial matter, please advise me IN WRTfING by DECLARATION/AFFIbAt'IT FORM within ten(10) days from recording hereof, providing me with your counter Declaration/Affidavit, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate facts and lawn conclusions,that this affidavit by Declaration is substantially and materially false sufficiently for changing materially my or the Friction's statues and fact taL derlaratiori_..._... _ _... _. . _.__ Your silence stands as consent, and tacit approval,for the factual declarations here being established as fact as a law matter and this affidavit by Declaration will stand as final judgment in this matter,and for the sura certain herein stated and will be in full force and effect against all party,due and payable and enfcnrceable by laws. DI crinminalties for c mmerdalfranuud are etermined b lawn the monetary value is set by me-for violation against my rights,for breaching the law, the contract, the Constitutions in the sum certain amount as stated herein for dollars specie silver coon lawfW money for the United States of America as defined by Article I, Section 10 under the Constitution,by We the People for the United States and will be die and payable on the eleventh day or any day thereafter as use occurs after filing by Me,in the public records for the county of Pima,Arbw under this declaration" The Undersigned, ,-My, X the Title Owner.holder in due cout for original,do herewith declare, state ami say that L Seed Party, issue this with sma= intent in truth, that 1, Me, the undersigned Secured Party, am competent by stating the mutters set forth herein, that the contents are true, correct, complete, and certain, admissible as evidence, reasonable,not misleading,and by My best knowledge,by me undersigned addressee. Notice for the agent is notice for the principal applies under this notice. Notice for the clerk of record for the county of Pima, Arizona, and record court for original, ,jurisdiction, is notice for all. } Addressee signature,holder in due course,the Title owner TeAkporary ring location clo 445 Chire Place Alamo,California Robert Lance McAdam Addressee,Title owner Notice Using a notary on this document does not constitute any adhesion,nor does it alter my status in tinny manner. The purpose for notary is verification and identification only and not for entrance into anyforeign jurisdiction, a benefit for the Pagans and Heathens so they whom I pray may become knowledgeable in the truth for the Law by our Holy Father in Heaven and repent, so they will no longer be alienated from their true God, Yahweh. Jurat 'A-A f4ma county 1 ss: State of l Subscribed and affirmed before me this 9th day for the fifth month (May) in the year of our Lord and Savior, Two Thousand and Three,A.I . 0 Seal 12 r irk - r NATASHA DOS TOROVAg Address of Notary (� COMM.# 1312663 r✓' PG' /� '�% NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY COMM.EXP.JULY 9,2005 ' My Notary Expires V.�� DECLARATION OF INDEPENDENCE BY PUBLIC NOTICE I,Me,My,Myself,a mart and a living Soul, a sovereign with an addressee correction C/o Robert L.McAdam 445 Odabire Pla Alamo,Catiiforniu does hereby notice the public and all public Of of the UNITED STATES and the STATE OF CALIFORNIA,under the authority of rights given.by Almighty Clod,said rights being protected,enumerated and excepted from government intrusion in the Constitution of the State of California, 1849,of the following: 1.I,am not a citizen or subject of GREAT BRITAIN,ENGLAND,the BRITISH CROWN,the HOLY SEE,the UNITED STATES,the STATE OF CALIFORNIA or any other governmental entity. 2. I am not a party to the Constitution for the united States of America;Therefore I am not a citizen under the terms of the 14th amendment to the Constitution for the united States of America. 3. I,am not a party to or subject of,and denies the compelled performance o: the Judges Chambers,the private copyrighted laws,statutes,ordinance,rules,motions,codes,rules of court used by GREAT BRITAIN, ENGLAND,the BRITISH CROWN,the UNITED STATES,the STATE OF CALIFORNIA or any other governmental entity. 4. I,am a man and a living Soul,and am NOT a legally treated person,legal entity,corporation,trust or artificial entity of any kind,and is NOT a surety for or representative of the fiction Robert L.McAdam or any I any derivation of an all capitalized zed entity and is not a res of any constructive public trust cued by any governmental entity.I,deny consent by assent for the use of the all capital letter name by any administrators,officers,agents,fiduciaries,objects of any and all trusts. 5.L am the Donee and halving Power,hereby releases.,refuses acceptance of,extinguishes,and renounces any and all schemes and artifices for defrauding,including but not limited by,any and all instruments creating any estate(s), use(s),trust(s),however created,constructive,implied,involuntary,direct or other,and terminates all rights and interests under any and all estate(s),use(s),trust(s)affecting the Substantive,Inherent,and Private Rights,and any and all Private Property Rights of Me. Release is retroactive to February 24,1955. b.I,hereby release,refuse acceptance of,extinguish,and renounce any and all schemes and artifices for defrauding, including;but not limited by,any and all instruments creating any implied or adhesion coutract(s),and terminates all obligations of I, Me, My, Myself under any and all implied or adhesion contract(s). Release is retroactive to February 24,1355. 7.I,hereby release,refuse acceptance of,and oWn,gmsh any and all trusteeship(s)of any and all administrators,agents, objects,and fiduciaries claiming any interests in the Private Property,Inherent,and.Substantive Rights of My Release is retroactive to February 24,1955, 8.I,hereby denies consent by assent and refutes any and all assumptions and presumptions of the Inherent, Substantive and Private Rights and Private Property being acquired.by Me that are the res of any and all estate(s),use(s), trust(s),and hereby denies and refuses the trespass of any and all administrators,agents,objects,and fiduciaries on the Private Property and Private Rights of Me. 9. use of any and all Bills of Credit in any form is done indebitatus Bron-assumpsit,with all rights reserved,and recourse,by the L of Necessity. _ _ 15 Ro L.McAdam,Addressee,a.mass and a living soul, a s ereign Date Witness Witness Certificate of Service r, This is for certifying that a true copy for the foregoing document, Verifred Declaration in the Nature by an 'AffldaWt for Truth in Commerce and Cantract for Tart Waiver Presented by me, addressee, Robert Lance McAclrxm. living soul, the Agent, one for We the People under Original Common Law Jurisdiction for Cali on a and United States Contracts, the Constitution is recorded in the public records by the Clerk of Recorder in the county of Pirn�tri ona this 9th day of the month ofMay in the year of our.fiord and Sawor, Two Thousand and Three A. D. as Notice for the agent is notice for the principal, and for all other matters and by notice for all party(s) including any and all competent witnesses with first had knowledge, all party(s)and all others claims pertaining for the Fiction dating hack for the year it was created By Me addressee rrtyricls»� A territory of the United States is geographical area that is awned by the United States of Arca The people who live within that area are the inhabitants of that area At such paint in time as the inhabitants become sufficient in number to form an independent soci This taxing power does not extend to the citizens of The territory-who hold contracts with their governments. The territorial ci CooKsEy, TOOLEN, GAGE, DuFFY Wbo A Professional Corporation David R.Cooksey Bran R.Van€darter Attorneys at Law Wilson E.Yurek Sylvia M.Cranston Robert L.Toofen Richard E.Buck 535 Anton Boulevard,Tenth Floor Ryan M.Davies Susan K.Bush- Kinn P.Gage Donald E.Fergus,Jnt Costa Mesa,California 92626-1977 Allison S.Carcalli Matthew T.Mahoney- Patrick J.Duffy Female G.Tracey hone (714)431-1100 Timothy D.Otte Richard E.Bishop IV Teff; Philip M.Woog 3aDavid M.Goodrich Richard G.Somes Grnth H.Hayes' Facsimile (714)431-1119 Paul K.Hoffman Todd A.James Theresa H.Laxorfsak Leroy E.Einspahr Amy L.stain` R.Scott Andrews Thomas R.Kroasche Byron J.Bahr Alexander T.Winsberg Craig S.Fro& Steven R.Bangerter Lawrence H.Miller Branch Offices Randall P.Nirocxynsid Steven E.Ernest Las Vegas,!Nevada Scottsdale,Arizona Daniel W.Holden,Of Counsel o.43so lieen+ed iti'_Asiaisotta' "Also ti=md in Nevada —Limned in Nevuds only 18 June 2003 Contra Costa County Sheriff Direct phone(714)437-1083 Attn: � Bennett Direct Telefacsimlie(714)428-8409 E-Mail Address-sernest@cookseytaw.com 551 Pirie Street, 7'" Floor Mai tinez, C A.945..33 RE: FMCC v. McAdam et ai. Case No.: W S03-0570 Vehicle: 1998 Pard Expedition VIN: 1 FMFU18L1 W LA01213 Levy No.: 032434 Dear Neva: As you know, this firm represents Ford Motor Credit Company (hereinafter"FMCC"), the plaintiff in the above indicated lawsuit. After the court issued the writ of possession, your office obtained possession of the 1998 Ford Expedition, VIN: 1 FMFU18L1WLA01213. Your office will make the vehicle available to the plaintiff on 30 June 2003. My Client has indicated Harry Wilson of Auto Zappers will present himself and Collect the vehicle. I am directing him to brim a copy of this correspondence, as well as the attached `paperless'title to demonstrate his authorization to secure possession of the vehicle on behalf of FMCC. I believe this firm has tendered sufficient funds to your office for all repossession and storage costs. Kindly bill any outstanding fees against that retainer and return the balance to my office at your earliest convenience. Should you have any questions, of if I Can be of further assistance, please do not hesitate to contact me. Cord' , ome a Law SEEtim) Enclosure cc: Deanna @ FMOC"(702)517-5144 Harry Wilson @ Aute uppers(510)732-6208 2200-0006 95207.E . ?.z, 2@e3 15: 1 4 FMS FMCC 702 G17 5144 T-` 91?14431 1 1 1 9 P .e ►r l der 41ewil za tion sy,steM,Prim taUt_ --__ t��t^�c�� _ �. •_�- ReferefiCe #,- 2383439 I1ate: 02ji3/2003 Time: 15,17 Request.; 1..M=M3=U1.8LlWLA0i2 r Requested May CMS L.ICe :UBR299 VIN% I MFUlBLIWLA01213 YRMD S 98 *yR: 00 MAKE: FORD .M TM v UT F-/O: MCADAM RUBERT"L I MCADAM PAULA J 445 OAKSHIRE PL ALAM` O ENTY: CONTRA COSTA ZIP: 945037 LIMY s MORD 1 OTOR CRD7 CO 260 INTERSTATE N PKWY NO ATLANTA GA ZIPI 3OZ1 StxLD: 00/00/97 RCID: 11/12/02 OCIDa 07/07/06 LOCDI Z CLAS: HL. FEE: 0000 REG $TATUS s SMOG DUE 09/oS/C)4 L I E'NHOL,DER PAPERLESS TITLE N06000707 NMS MAIL,ING ADDRESS 1.0/20J97 PREY ' LIC P53655Z 05/31/2000—ODOMETER! 29v3673, MSMILES ACTUAL 'MxM I L.EAM E _-- EMD of LWS Printout � .r c COOKSEY, TOOLEIN, GACA., D FFY WOOG A Professional Corporation Attorneys at Law 535 Anton Boulevard,Tenth Floor Costa Mesa,California 92626-1977 COPY Telephone (714)431-1100 Facsimile (714)431-1119 Branch Wices: Las Vegas,Nevada Scottsdale,Arizona FOR IMMEDIATE DELIVERY DATE: Sune 16, 2003 PACES (incl.cover sheet): 3 RECIPIENT PHONE FAX NO. Contra Costa County Sheriff (925) 646-1756 (925) 646-1769 Sargent Wycol CCs FROM: Linda Marie Jamail REFERENCE: FMCC v. McADAM et al., Case No. WS03-0570. DOCUMENTS New instruction letter per your request ATTACHED: MESSAGE: Please find attached hereto an amended instruction letter with the corrected address information per your request. I will be forwarding you the original of this letter. Thank you for your attention to this matter and please contact me if you have any fiztller questions. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR LIN T IT Y TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED AS WELL.AS CONkII)ENTIAL AND EXEMPT FRONT DISCLOSURE UNDER APPLICABLE LAW.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR.THE EMPLOYEE OR AGENT RESPONSIBLE FOIA DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOUAREHERMYNOTTIEDTHATANYDLSBEMINATION,DISTRBUTIONORCOPYINGOFTHISCOMNIUNIC:ATIONISSTRICTLYPROHIBITED.IFYOL; HAVE,RECEIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY THE FAX SENDER.AT THE ABOVE TELEPHONE NL7NMER. IF YOU DO NOT RECEIVE ALL OF TECE PAGES,PLEASE PHONE AS SOON AS POSSIBLE. COK E"', TOOLEN, GAGE, DuFFY & WooG A Professional Corporation David R.Cooksey Brian R.Van Marter Attorneys at Law Wilson E.Yurek Sylvia M.Cranston Robert L.Toc4en Richard E.Buck 535 Anton Boulevard,Tenth Floor Ryan M.Davies Susan K.Bush" Kim P.Gage Donald E.Fergus,Jr.T Costa Mesa„California 92626-1977 Allison S.Carcalli Matthew T.Mahaney~ Patrick J.gutty ;amass G.Lacey Timothy D.Otte Richard E,Bishop IV €NIIP M.woog Telephone (714)431-9100 David M.Goodrich Richard G.Somas Griffith H.Hayes* Facsimile (794}439-1119 Paul K.Hoffman Todd A.James Theresa H.Lazorisak Leroy E.Einspahr Amy L.Stein- R.Scott Andrews Thomas R.Kro"che Symn J.Bahr Alexander T.Winsberg Craig S.Frost Steven R.Bangerter Lawrence H.Millar Branch Offices: Randall P.Mroczynski Steven E.Ernest Las Vegas,Nevada Scottsdale,Arizona Daniel W.Holden,Of Counsel t Nae lime d in Arzosta Nee licensed in Ncvads "«Incensed in Nova&only ORIGINAL 16 June 2003 VIA FACSIMILE Contra,Casts.:County Sheriff...... rJiractTeieptl�re.(�1���3�-l'0�3 Civil-Court Services Direct Telefacsifnile(714)428-8409 E-Mail Address-sernest@cookseylativ.com 651 Fine Street, 7th Floor Martinez, CA 94553 "' Re: FMCC v. McAdam of at. UU NEN „ Case No.: WS03-0570 Vehicle: 1998 Ford Expedition VIN: 1 FMFU18L1 WLA01213 Dear Sheriff: We are the attorneys for plaintiff, Ford Motor Credit Company in the above- referenced matter. We have obtained an Order for Writ of Possession(Crim and delivery) and Writ of Possession in connection with this case. Please find enclosed: • The original Writ of Possession and two copies; • Two copies of the Order for Writ of Possession; and • Our check in the amount of$600.00 to cover your fee. Please`consi er'this'lettbr your instructions to: 1. Serve the Order for Writ of Possession on defendants, Robert L. McAdam and/or Paula J. McAdam, at 445 Oakshire Place, Alamo, California 94507 and demand immediate possession of the vehicle described as a 1998 Ford Expedition, VIN 1 FMFU 18L1 WLA01213 from defendants pursuant to Paragraph 5g of the Order for Writ of Possession. Please read paragraph 5g to the defendants. It is a direct order from the court ordering the defendants to turn over possession of the property and warning defendants that failure to do so .may subject them to contempt of court. We have found when the Sheriff mads this paragraph, a defendant who has hidden the property will often tell the Sheriff where it is located. 2200-0005 94889.1 16 Jung 2003 Page 2 If defendants refuse to immediately surrender possession of the vehicle, please: 2. 'Serve the attached Writ of Possession on defendant. Please-note that the Writ of Possession isa direct offer from the Judge authorizing you to enter the priKate place listed on the Writ and to take Possession of the subject vehicle. 3. Enter the premises, including the garage (attached thereto or detached, but on the property), located at 455®akshire Place,Alamo,California 94507 and execute the Maim and Delivery..per the Writ of Possession. Please seize.the vehicle listed on the Writ of Possession. Please nate pursuant to C.C.P. 3 514.010(c), if the vehicle is in a private place (such as a garage) "the levying officer may cause any building or enclosure where the property may be located to be broken open in such a manner as he reasonably believes will cause the least damage and may call upon the power of the county to aid and protect him . . ." Therefore, pursuant to C.C.P. § 510.010, if the defendants are not present or if the defendants refuse to open the garage, please break open the garage by cutting the lock or by other means which you believe will cause "the least damage" and take possession of the vehicle. If you require a locksmith to open any building or cut any lack off, our client will pay for the expense of the locksmith. if you need us to contact a locksmith who will work with your office, please let us know. If the locksmith needs to cut any lock, our client will pay to have the locksmith replace the cut lack. 1 n that event, please have the locksmith put the key for the new lack in an envelope and place it in the defendanf§' mailbox or mail slot. Please.give. this matter yo.ur..prompt attention. This is.a prejudgment Writ and it.is. therefore subject to priority. The Summons, Complaint and Application For Writ of Possession were served on Defendants on 25 !March 2003, prior to the hearing on 28 April 2003. We enclose our check in the amount of$600.00 to cover your fee. If further monies are needed, please call me collect. 71 you far our assistance in this regard. C` t ordiall r.� J • � r Ste nErne t Att me at La SEE/{mi 2200-0046 94889." 3511 Clayton Road Invoice Concord, CA 94519 M Phone(925) 798-9673 Date invoice# Fax(925) 798-3850 6118/2003 47631 Bili To: Job Sight ..Contra-Costa County-Sher "s Dept. 445-oakshore - 920 Mellus St. Alamo , Martinez, CA 94553 i S ding P.O.# Terms Rep P.O. No. 03»2434 Net 30 JPM Quantity � cription Rate Amount Trip Charge 55.00 55.(10 Sales Tax 8.25%1 0.00 , I i i I J 4 } 1 3 f I t Accounts over 30 clays will be charged a 1.5% finance charge, $1.00 - mhibnum. Federal tax ID 8-0470974 Thank you for your business! Total $55.00 Warren E. Rupf Shea# FAX COVER DATE loozo DELIVER TO: FAX# '" f. P'I3ONTE W FROM: Contra Cana COimty Shen "C1 icw C�vzl tTnit Name: `�! REMA M: Technical Services DMsion Civil Unit 520 Mellus Street ° Martinez, California 94553 (525) 646-1770 TO(Nedra and Addrsss).• TELEPHONE NO.: LEVYING OFFICER tRame andAdddrafts}r ACCESS TOWING &RECOVERY County of Contra Costa 161 ARNOLD INDUSTRIAL'WAY#15 Sheriffs Civil Unit CONCORD, CA 94520 920 Mellus Street Martinez, CA 94563 (925)946-1770 NAME OF COURT,ji JOICIAL DISTRICT OR BRANCH COUt1T,IF ANY: CONTRA COSTA SUPERIOR COURT 6413 YGNACIO VALLEY RD. WALNUT CREEK, CA 54696 WALNUT CREEK FORDMOTOR CREDIT CO � I a��NsaArtT RO ERT L. MCADAM PAULA.!»MCADAM ' �����'.�� of SOV LavYsr�Issui+FicERFsl.allo.. CQURTCASE39{�.: 2003002434 WS03-0570 6125/03 The levy on SEIZE,98 FORD EXPEDITION VIN#1FlltI7 UISLIMrI A01213 has been released effective 6/30/03. Return property or funds you are holding to: FMCC C!O HARRY WILSON(AUTO ZAPPERS COSTA MESA,CA 926261977 Additional Instructions:PLEASE SEND INVOICE FOR TOW&STORAGE TO THE ABOVE REFERENCED ADDRESS FOR PAYMENT THROUGH&INCLUDING 6-3M3 ONLY. Warren E.Rupf,Sheriff By: ' N. Bennett, Clerical Supervisor Require Proper Identification Sheriff's Civil.Division TO PAY STORAGE'THROUGH: 6130/03 ACCESS TOWING&RECOVERY 2151 ARNOLD INDUSTRIAL WAY#15 CONCORD,CA 94524 CAS 4-3 Reviod 10106/1999 ACCESS I°OING&RECOVERY Invoice 2151 Amold Industial Way#15 Concord, CA 94520 BATE INVOICE# 6/30103 2612 BILL TO Contra Costa County Sheriff-Civil Unit Martinez,CA 94533 ATTN: Neva Bennett POILOG# TEEMS PAYMENT METHOD PICKUP TIME DRIVERI f"RUCK SIR 03-2434 1/1 DATE OTY ITEM DESCRIPTION HTE AMOUNT 6/18/03 1 Sheriff Tow 98 Ford Expedition(Black/Tan 100.00 100.00 LTC 33MR298 VIN 1FMF U18L 1WLA 01213 ASSET SEMIRI NOT TO BE MOVED OR RELEASED TO ANYBODY EXCEPT THROUGH SHE'RIFF'S OFFICE COURT E#WS03-0 70 #2003002434 6/18163 13 Storage Charg T17B T ORA 25.00 325.00 Total 5425.00 __ _ _ ' ,j" ,F'rrx9 '• _ ��{ /ti �f���t'�f� i�WJ �, � v�.:yr�'Y`+.Y�',yi� •Te, � :' d r Ir/ N + afS'4�h ,`t{LEU4YlNCs OEJ,=C, R 1Jstn� �a " ' t�L ? A7 �y�x,,, s�,t, ,�r � vtrnfy Cif C'tItr Crest f .95U;Yt1�i� �,f.'t : s�3t y ` et ;i°�++(,,t: #rs/„„•., ;^u,+t. � �.r t --•` fi #,F � uJjy 7.0 tu'Y`i tff`S1Vil V �t j tg 1V �ti15 Street . �aylp,P�E k }�`�f}A �A �¢ � FtAhfE4FCO.UR`f JttD1CfALflI,`3� x�t, �` kr ' rw� A x945 RANCH { t a rl cc�5TX'Su t rycou . ° �' x �s2$�s4s-:�77 UL W pe L a+x�+cirzK"`# `` OE M1M1 ��MA4T, 1"G fL� E2T L tVlGA MDA F* tACtLNA, L r i F yry a r "t L�VYtNG o FIC (1 FfLE NO coin;ca`s"`------ 130311 tl W1711 c3"0570 't` "�A*a Y / .,f A &•�3 �'"� �� U ilelle On S ;r� jry,) �1 Grp {tp p� ,s".•'f�+4.: '4 `J L'•r't 99 i? i .+ylFs' .�L yy�'d � 7d'rs ✓�,� t f r a _,Property���°�� �j ,/moi qty ��h {� eIea�ed effective 613 103 b ff §A 3 p .1 x j t • �.; �aZ^`vq11f'11ta t.. i���'�35t ''6 l;a ,qr>', '� 1't ,n E' RRII 5 a q ,#FYtTa `r ; ww; +��•�."s„U5�r^6535wr COSIA 2.6191 2. t'. A a { n*r r , e . .Alda#itiaiat'Ia�s#raacfitizi � : Mar " u Ltm 4. OVE 1�F'L EN � 540 c RC-EDATDIUSS ' '.d= �r r4>•=yi��'r ^ kx '":ice. 3 � , ' u,��� x a`i.Ys' �yLef.V.. 't��- ✓.tE'.r - a.. :i...; e 9 ��3�pe31/. ��•�s ��F(JJry,�•Y C►.�1 ��a3��'�+.,k� �° � � �a ' C�'.i.... 'k,�4h".�rnese'�.` t'Jf't Jj".:_ y .-ra'�, a�• 'I j,bF BY ttR,ki N Jo'rys'M �� zyY.fi S �G' i.. r Z' �l iii t1Y. ' r � r fi 'IJt" Re, = t • as n'{Cs�y.�� 1 Sheru "s.Civil Division i r t r iCJPAY,4S „GxE kJ.i,.d ��, ' ry a� � '�"` i�r: �•+�� r f ;:}t,rW r L�.�t4,e=,tta,�w^a YS�a tsi i`S�7' �fP/�y 3�Ji'ua,r kir`�,}••��Y�}1 i F I p,�t•.w rtr:���X57'iii��yyya! _ ct 5 • `� 'Y �G}pr,g kZ. WE 1 ddK J ( Jam. r ix s'yt '..c ;r-7 ACS � #.:,. �tsr.+•: ,c .'4"' ,. ,� •,' >� S ITt e .r15' 7 rs�� r . L 1 1 �' 7 Y�' S' �e -f���1'uy 0�rD L©1Yp�`/�-••t�'�[�D7�-r, Cy��,((y�[[�y,{ trVt`L4Jx L+L'17VR0, 01 .CA-q 4-3 i s RMSCd 10/66/199 a y a i'• . ..� r f gr 6. t ,x d AWA °[t'' : i I cx Lock & Safe, Inc. Statement 3511 Clayton Road Concord, CA 94519 DATE Phone (925) 798-9673 Fax (925) 798-3850 6/30/2003 Contra-Costa-County-Sheriffs-Dept. 920 Mellus St. Martinez, C.A. 94553 AMOUNT DUE AMOUNT ENC. $55.00 DATE TRANSACTION AMOUNT BALANCE 0513112003 Balance forward 0.00 06/1812003 I9V#47631 55.00 55.00 I I � i I i 1 � i I I � CURRENT r 1-30 DAYS FAST 3�- DAYS 61-90 DAYS OVER 90 DAYS AMOUNT DUE PAST DUE PAST DUF-- PAST QUE- 55.00 0.00 0.00 0.00 0.00 $55.00 Finance charge of 1.5%,per mouth,($1 Minimum)will be charged to all amounts over 30 days. Federal ID#68-0470974 Thank you for your business! rrll � G r L 77 5 J . ... n.,Rl- rz'Yrk �+`i1JtJ/� %�'bunin`>�. .'ems" � s�• 'v++a.r 4..w-, �5 r<�5 4<'+Ms..xv kn�.".�x1 f P" f 9i�5• i 4 �^ Y r WA T1 Vf d' h �• „ a.f K h .. . . .. ........... ... ....... ...... NAME Atyi7 ADDRESS OF ATTORNEY: C 2NEY; TELEPHONP NO.: 714—4 31—I 0 3 3 FOR COURT USE ONLY STEVEN E- ERNEST, #183967 COOKSEY, TOOLEN, GAGE, DUFFY & WOOG 535 ANTON BOULEVARD �r- TENTH FLOOR �����:`': . . ... tit= . !COSTA E 92626--&-977..n97 Insert name of court,judicial district or branch court,if any,and past of&cs and street address: g t� '� A }�3 (SUPERIOR COURT OF CALIF.., COUNTY OF CONTRA COSTA I 640 YGNACI O VALLEY RD. P. 0. 'BOX 512$ WALNUT CREEK, CA 945.96-1128 WALNUT CREEK SUPERIOR COURT PLAINTIFF: FORD MOTOR CREDIT COMPANY DEFENoANT; ROBERT L. MCADAM, et ORDER FOR WRIT OF POSSESSION CASE rrunaaEFt [tel AFTER HEARING EX PARTE WS03-0570 AFTER HEARING 1, The application of plaintiff for a writ of possession came on for hearing as follows(Check boxes in item 1d and d to indicate personal presence). a. Judge (Name): RICHARD .KA.SSOW . . . . . . . . .. . . . b. Hearing date: 2$.APRIL 2003 . . Time:8 ;.3 0 A..M. . . .M dept. div. = Rm.No.: c. Plaintiff(Name): 'M FOOD. M.QT,C7r� ORZDST, IKOMPAWY Attorney(Name): STEVEN 'E: ERNEST d. defendant(Name): J=ROSER'T L. MACADAM RT.Az Attomey(Name): EX PARTE 2, L.�_i The application of plaintiff for an ex parte writ of possession has been considered by the court, a. Plaintiff(Name): Attorney(Name): 3. The court finds FINDINGS a. Defendant has been pro'perly served as required by CCP 512.030. (Strike if ex parte.) b. Plaintiff = has = has not filed an undertaking as required by CCP 515.010. c. Plaintiff has established the probable validity of his claim to possession of the following property(describe): 199$ FORD EXPEDITION, VEHICLE IDENTIFICATION NO. 1FMFU18LIWLA01213 d. X1 There is probable cause to believe this property or some part thereof"is located at one or more of the following private places: 445 OA.KSHIR.E PLACE, ALA.MO, CALIFORNIA 94507 #Carit#ausd nn eevar��aide} The word 'plaintiff" includes cross-complainant, "defendant" Includes cross-defendant, singular Includes the plural, and masculine includes feminine end neuter. The declaration under petty of perjury must be signed in California, car in a state that suthoriies use of a dtac#sration in piece of an afriidav#t; otherwiss an affidavit is required. A copy of this order shall be served with the writ of possession. Icim,r�$ �cyORDER FOR WRIT OF POSSESSION ".ca Ju Iasi aoui ll et Californiaif , CCP 512.tt20; 572.030: 512.070; Revised aOt Optional Form F87y'},larr (Claim grid Delivery) 1Qn 514.010.050: 515.010 optional Farm Ab nTIONAL FINDINGS FOR EK PARTE ISSUANCE 4. F7 The court also finds a. defendant gained possession of the property described in item 3c, which was not entrusted to him, by feloniously taking such property from plaintiff by means other than by false or fraudulent representaton, pretense or embezzlement. b. The property is a credit card. c. The defendant acquired possession of this property in the ordinary course of his trade or business for commercial purposes,' and (1) the property is not necessary for the support of defendant or his family; (2) there,is an immediate danger that the property will become unavailable to levy by reason of being transferred, concealed car removed from the state , or will become substantially impaired in value by acts of destruction, or by failure to take care of the property in a reasonable manner; and (3) the ex parte issuance of a writ of possession is necessary to protect the property. d. Total number of boxes checked in item 4: 5. IT IS ORDERED a. The clerk of this court shall issue a writ of possession as provided in CCP 512.420, directing the levying officer within whose jurisdiction the property described in item 3c, or some part thereof, is located, to .seize such property and retain custody of it as provided by CCP 514.010-514.050. - b. [$] The writ shall issue forthwith. c. [ The writ shall issue upon plaintiffs filing of a written undertaking, as required by C10P 515.010, in the amount of: $ N/A d. The written undertaking required by defendant for redelivery or to stay delivery shall be in the amount of: $ 19,200 . 00 e. The clerk of this court shall attach a copy of this order and a copy of plaintiffs undertaking to the writ. f. The levying officer may enter the following private places)to take possession of the property or some part thereof: 445 OAKSHIRE PLACE, ALAMC, C'ALIFORMA 94507 g• Defendant(Marne): ROBERT L. McADAM, PAULA T. McADAM shall transfer possession of'thy: property described in item 3c to the plaintiff. NOTICE TO DEFENDANT Failure to comply with any order of the court to turn over possession of such property to plaintiff may subject you to being held in contempt of court. (Strike item 5g if not applicable) s,� l� 3 Dated: . . . . . . . . (TYPE OR PRINT NAME) 3udpe G4.740 lRevised of istitve,#anuery t,ISM Paye fWI7 .............. A Professional Corporation David R.Cooksey Brian rR.van Marter Attorneys at Law Wilson E.Yurek Sylvia M.Cranston Robert L.Tooian Richard E.suck 535 Anton.Boulevard,Tenth Floor Ryan M.Davies Susan K.Bush— Kim P.Gage Donald E.Fergus,Jr.t Costa Mesa,California 92 626-1 977 Allison S.Camelli Matthew T.MahsnW* Patrick J.Duffy Pamela G.Lacey Timothy D.Otte Richard E.Bishop IV Philip M.Wong Telephone (714)431-1104 David M.Goodrich Richard G.Somas Gritrsth H.Hayes' Facsimile (714)431-1119 Pain K.Hoffman Todd A.James Theresa H.Lazo6sak Leroy E.Einspahr . Amy L Stein° R.Scott Andrews Thomas R.Kroesche Byron J.Bahr Branch Offices: Alexander T.Winsberg Craig S.Frost Steven R.Bangerter L wrence H.Miller Randall P.Mroczynsid Steven E.Ernest Las Vegas,Nevada Scottsdale,Arizona Daniel W.Holden,Of Counsel t Also b=med in Arizona. . . w A3ao iiccnwd in Nevada ""I,=%ed in Nevada only 0 May 2003 VIA OVERNIGHT EXPRESS Contra Costa County Sheriff Direct Telephone(714)431-10183 Civil Court Services Direct Te#e€acsimile(714)423-8405 E-Mail Address-sernest@ct>okseylaw,com 651 Fine Street, 71 Floor Martinez, CA 04663 Re: FMCC v. McAdam et aL Case No.: WS03-0570 Vehicle: 1993 Ford Expedition VIN: 1 FMFU 18LI W LA011213 Dear Sheriff: We are the attorneys for plaintiff, Ford Motor Credit Company in the above- referenced matter. We have obtained an Order for Writ of Possession{Claim and Delivery} and Writ of Possession in connection with this case. Please find enclosed: • The original Writ of Possession and two copies; • Two copies of the Order for Writ of Possession; and • Our check in the amount of$600.00 to cover your fee. Please consider this letter your instructions to: 1. Serve the Order for Writ of Possession on defendants, Robert L. McAdam and/or Paula J. McAdam, at 455 Oakshire Place, Alamo, California 945017 and demand immediate possession of the vehicle described as a 1998 Ford Expedition, VIN 1FMFU18LIWLA01213 from defendants pursuant to Paragraph 5g of the Order for Writ of Possession. Please read paragraph 5g to the defendants. It is a direct order from the court ordering the defendants to turn over possession of the property and warning defendants that failure to do so may subject them to contempt of court. We have found when the Sherr reads this paragraph, a defendant who has hidden the property will often tell the Sheriff where it is located. #907200<Warnegey-FMCC v.McAdam-fir to Sheri f_wpd 19 May 2003 Page 2 If defendants refuse to immediately surrender possession of the vehicle, please: 2. Serve the attached Writ of Possession on defendant. Please-note-that the Writ of Possession is a direct order from the Jude q- authorizing.you to enter the private place listed on the Writ and to take Possession of the subject vehicle. 3. Enter the premises, including the garage (attached thereto or detached, but on the property), located at 455 Oakshire Place,Alamo, California 94507 and execute the Claim and [delivery per the Writ of Possession. Please seize the vehicle listed on the Writ of Possession. Please note pursuant to G.G.P. § 514.010(c), if the vehicle is in a private place (such as a garage) "the levying officer may cause any building or enclosure where the property may be located to be broken open in such a manner as he reasonably believes will cause the least damage and may call upon the power of the county to aid and protect him . . ." Therefore, pursuant to C.C.P. § 510.010, if the defendants are not present or if the defendants refuse to open the garage, please break open the garage by cutting the lock or by other means which you believe will cause "the least damage" and take possession of the vehicle. If you require a locksmith to open any building or cut any lock off, our client will pay for the expense of the locksmith. If you need us to contact a locksmith who will work with your office, please let us known. If the locksmith needs to cut any lock, our client will pay to have the locksmith replace the cut lock. In that event, please have the locksmith put the key for the new lock in an envelope and place it in the defendants' mailbox or mail slot. Please give this matter your prompt attention. This is a prejudgment Writ and it is therefore subject to priority. The Summons, Complaint and Application For Writ of Possession were served on Defendants on 25 March 2003, prior to the hearing on 28 April 2003. We enclose our check in the amount of$600.00 to cover your fee. If further monies are needed, please call me collect. Thank you for your assistance in this regard. Gordiall S FenZ mest ttorney at Law SEEirneg Enclosures 2200-0006 90720.1 JUN-16-2003 04.Z PM FROM-COONSEY HOWARD MARTIN & TOOLEN 714 431 1145 T-667 P-001/003 F-270 CboxsEy, TooLF , GAGE, DUFFY & WOOG A professional Corporation ,Attorneys at Law 535 Anton Boulevard,Tenth Floor Costa Mesa,Callfornla 92626.1977 Telephone (714)431-1100 Facsirntle (714)431-1119 Branch Offices., Las Vegas, Nevada Scottsdale,,Arizone FOR 1MMEDIA 7"E DELIVERY DATE, June 16, 2003 PAGES(indcover sheet): 3 PEECIPIENT PHONE FAX NO, Contra Costa County Sheriff (925) 646-1756 (925) 646-1769 Sargent Wycol OCs FROM. Linda Marie Jamail REFERENCE, FMCC v.McADAM et al.,Case No.WS03-0570 DOCUMENTS New instruction letter per your request MESSAGE: Please find attached hereto an amended instruction letter with the corrected address information per your request. I will be forwarding you the original of this letter. Thank you for your attention to this matter and please contact me if you have any further questions. THIS MESSAGE IS INTENDED ONLY PORT S USE OF'[HE INOWIDUAL ORENTiTl''TO"WHICH IT i5 AI DUSSED AND MAY CONTATN JNFORMATION -rMAT LS pRrvILIi<'s'Ia'S7 As WELT,AS CONFIDENTIAL AND EXEMPT FROW DISCLOSURE UNDER APPLICABLE LAW.Il 711E READER OF THIS MESSACE IS NOT TM INTENDED PJaCIPL;YNT 0R T14 F-MMOYEE OR AIsBNT RESPOMIBLE FORDE7IVERING TIIE MESSAGE To TI-IE INTENDED R cIPiENT, YOUARBHEREBYNt3'I'IFIED`RATANYtrI SEMINA'I`ON,DISTRJBU` ONORCOPYINGOF`.MSCOMN4UNIr-ATION1SSTMCTLYPROTIIB i- .IFYOU HAVE REC EIii TEAS COMMIJMCATION IN M— OP,PRASE NOTIFY THE FAX SENDER AT THE ABOVE TELEPHONE NUMBER., IF YOU DO NOT ItECMi VE ALL OF THE MAGES,PLEASE PHONE AS SOON AS POSSMLE. .. . . . ............. JUN-16-2603 04:29PM FRO}-COOKS6Y HOWARD MARTIN & TOOLEN 714 431 1146 T-667 P.002/Q03 F-270 Coms y, TOOLEN, GAGE, DLTFY & WCK) A Professional corporat on DOM R,Oooksay alien R,van Mortar .Attorneys at Law wiison E,Yurek Sylvia to Cranston R Bert L Toaian Richard F—Buck 535 Aston Boulevard,Tenth Flour Ryan M.Devise 3 n i,Bush.. lum P.twee koala E.Pargus,sr.f Costs Mesa,Callfamia 92626-1977 Aitison s.Camot �s: vT.Mahaney- AeuicK J.outty Pamela a.Latey Telephone (71+�}431-11 i�0 Tirmthy p,Otte Richard E.Bishop iv prop h4,woos P David K Goodrich Richard G.sates Grirtith ti,Noyce Facsimile (714)431-1119 Pats K.Ha than Tool A.,ian= Them K,Lworisak Lomyr E.Rlnepety Amy L.stein- rt,S"4Ar drown Thoms R,Kroewhe SyroriJ.Wr �� Alexander T.Wira4n Craig&Frost steman R.Sangartar Lovirarwo K Miller Branch Office& €ardalt F.Mroa ynaw Stevan E.ernest los Veovis,Nevada Smttsd2le,Arizona Doniul W.Haden,Of Cotimet ..........._........ . ...}.Also BaM*si in Arist+at "Alto liormad in NEVA& •t ifit6d is Novv&only 15 June 2003 VIA FACSIMILE Contra Costa County Sheriff Direct Telephone(714)481-1083 Civil Court ServicesDirect Tet osimiie(7'14)428.8409 651 Pine Street, V11 Floor E-Mail At tys-sernesti cookseylaw.com Martinez, CA 94553 Re: FMCC v. McAdarn, of al. Case No.. W 03-0570 Vehicle: 1998 Ford Expedition VIN: 1FMFU18L IWLA01213 Dear Sheriff: We are the attorneys for plaintiff, Ford Mater Credit Company to the above- referenced matter. We have obtained an Order for Writ of Possession(Claim and Delivery) and Writ of Possession in connection with this case. Please find enclosed: • The original Writ of Possession and two copies; • Two copies of the Order for Ullrit of Possession; and • Our check in the amount of$600.00 to cover your fee. Please consider this letter your instructions to. 1. Serve the Order for Writ of Possession on defendants, Robert L. McAdam and/or Paula J. McAdam, at 445 Oakshire Place, Alamo, California 94507 and demand immediate possession of the vehicle described as a 1993 Ford Expedition, VIN 1FMFU18LIWLA01213 from defendants pursuant to Paragraph 5g of the Order for Writ of Possession. Please read paragraph 5g to the defendants. It is a direct order from the court ordering the defendants to turn over possession of the property and warming defendants that failure to do so may subject them to contempt of court, We have found when the Sheriff reads this paragraph, a defendant who has hidden the property will often tell the Sheriff'where It Is located. 22O -400@€4W2.1 t3fif-1F+-2#10B 04.281'1 FROM-COOKSEY HOWARD MARTIN & TOOLEN 714 431 1146 T-667 P.00S/001 F-276 16 June 2003 Page If defendants refuse to immediately surrender possession of the vehicle, please. 2. Serve the attached Writ of Possession on defendant. Plea-4e nate thatthe Writ of Powinsion-is a direct orderfrom the Juft authorizinu to enter the rivate Place listed on the Vtirlt and to take Posses ion of the subject vehicle. 3. Enter the premises, including the garage (attached thereto or detached, but on the property),located at 455 Oakshire Place,Alamo,California X507 and execute the Claim and Delivery per the Writ of Possession. Please sere the vehicle listed on the Writ of Possession. Please note pursuant to C.C.P. § 514.010(c), if the vehicle is in a private place (such as a garage) "the levying officer may cause any building or enclosure where the property may be looted to be broken open in such a manner as he reasonably believes will cause the least damage and may call upon the power of the county to aid and protect him . . .n Therefore, pursuant to G.C.P. § 510.010, if the defendants are not present or if the defendants refuse to open the garage, please break open the garage by cutting the lock or by other means which you believe will cause the least damage" and take possession of the vehicle. If you require a locksmith to open any building or cut any loch off, our client will pay for the expense of the locksmith. If you need us to contact a locksmith who will work with your office, please let us know. If the locksmith needs to cut any lock, our client will payto have the locksmith replace the cut lock. In that event,please have the locksmith put the key for the new lock in an envelope and place it in the defendants` mailbox or mall slot.. Please give this matter your prompt attention. This is a prejudgment Writ and it is therefore subject to priority, The Summons, Complaint and Application For Writ of Possession were served on Defendants on 25 March 2003, prior to the hearing on 28 April 2003. We enclose our check in the amount of$600.00 to cover your fee. If further monies are needed, please call me collect. Tho you for our assistance in this regard. f +r f.�ofrd#all , � r Sty n erne t Aft me at La SEtoftj 220"008 94M.1 COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA NAME OF MUNICIPAL OR JUSTICE COURT DISTRICT OR OF BRANCH COURT, IF ANY FOR COURT USE ONLY SUPERIOR COURT OF CALF`'. , COUNTY OF CONTRA COSTA WALNUT CREEK, CA 94596-2,.128 TITLE OF CASE MBBREWATEP} FORD MOTOR CREDIT CO. V. MCADAM ATTORNEYS)NAME AND ADDRESS STEVEN E. ERNEST, #183967 COOKSEY, TOOLEN, GAVE, DL3FFY WOOG 535 AN"TON BOULEVARD TENTH FLOOR COSTA MRSA, CA 92626-1.977 CASE NUMBER ATTORNEY(S)FOR TELEPHONE 714-431-1083 WS 0 3.-0 5 7 0 FORD MOTOR CREDIT COMPANY FAX 714-431-1119 WRIT OF POSSESSION X1 AFTER HEARING r-1 EX PARTE 1. TO THE SHERIFF OR ANY MARSHAL OR CONSTABLE OF THE COUNTY OF(See footnote"before completing) CONTRA COSTA .3. YOU ARE DIRECTED a. To levy upon and retain in your custody,until released or sold(CCI'514.030),the following property or any part thereof(Describe): 19.98 FORD EXPEDITION, VIN #1FMI U18L1WLA:01213 b. To enter the following private place(s)to take possession of the above described property or some part thereof (Specify exact location): 445 OAKSHIR.E PLACE, ALAMO, CALIFORNIA 94507 c. To return this writ and the certificate of your proceedings within 30 days after levy and service,but in no event later than£0 days after issuance of this writ. Dated: . . . MAY.1.2 .2003 . . P.Mofherr. , Clerk (SEAL) By " Deputy NOTICE TO DEFENDANT: The plaintiff has fil d with the court a written undertaking, a copy of which is attached hereto. You have the right to except to the sureties } %•`"" `# �>l on such undertaking or to obtain redelivery of the property by filing a written undertak- Ing, in the amount specified in this writ as prescribed by CCP 515.020. You also have certain other rights as provided In CCP 512.020-512.120. If your property has ?r been taken pursuant to an ex parte writ of possession, you may apply under CCP ?1p'y. "�."•'t�•" 512.020(b) for an order that the writ be quashed and any property levied on be re- ftu leased, and for other relief as provided, Including an award of damages for any loss sustained by you as a proximate result of the levy. The word "plaintiff" includes cross-oompiainant, "defendant" includes cross-defendant, and the singular includes the plural. A copy of plaintiffs undertaking must be attached to the original of this writ and all copies served(CCP 614.020) ro mApproved by the WRIT OF POSSESSION CCP 512.020-512.120;514.010;614:030;514.040; Judcial Councii of CaliforniaO s 515.414;515.020;1014;14544;1066. Effective July 11,1974 (Claim and Delivery) Optimal Form ��[� - 'ate. F� �y✓„1.. ... - i Mown ... ` •F �. L £ til ` �W j'i -• ,G}.. toLA fW W®s t f 1 FIRST NOTICE OF CONWERCIAL LIFN ICHAEL CASTEN OFFICE OF THE SBERIFF OF CONTRA COSTA COU= 920 WLLUS STREET MARTINEZ, CA. 94553 REGISTMU D AAM July 25, 2003 ..__...Michael Cxasten_d1b/a,M1C iAEL.CASTE ---LIETENANT..:.. . _:.._ :_._:_. - ----- TBE -THE OFFICE OF TIS SHERPT OF CONTRA.COSTA C LNTY--920 MELLUS STREET MARTINEZ, CA. 94553 Dear Michael Casten et ad, EQUALITY SER THE LAW IS PARAMOUNT AND MANDATORY BY LAW. L Robert La=McAdam am Competent for handling my awn affairs. I,Robert Lance McAdam have power of Attorney for representing and a Copyright on the fiction ROBERT L.MCADAMC. A. sovereign cannot be sued in his own court You were an accomplice to the following.incident: On or about June 9, 2003 Mark Weikel et al,with the threat of arrest,unlawfully and illegally stole property, (my Ford Expedition valued at$20,197.55)from me at the direction of a Third Party Debt Collector. Mark was told by me and shown by me proof(a signed certified mail receipt)that your office received-documentation that satisfied the Notice of Ruling for case NO.WS03-0570. Mark told me your office had no such documentation in the file. I gave you both copies of the documentation that was-sent to�youroffice and Mark proceeded to make a legal determination by telling me that the payment instrument was not legal.After speaking with your office Mark and you, decided to threaten me with arrest and steal my car. The,proper protocol and.Lawful/Legal method for taking my property is to file suit in the proper court,have a hearing and receive�a judgment from the court and by abstract the judgment is final. You have not followed proper protocol. I do not have a CONTRACT with you, signed by me that gives permission for taking my property. You do not have.mY permission for making a legal determination for me in this mattes, commonly called"Practicing Law Without aLicense", a commercial crime. Michael Casten et al, you have stolen m_y property and this is your FIRST NO=of GRACE for allowing you to return my property that you have stolen.. To correct the theft that.Michael Casten et al has committed and to release THE OFFICE OF THE SHERIFF OF CONTRA COSTA.COLWN herein after referred to as CCC SH]0RT, from this FIRST N'OTIC:E OF LIEN'you must rets to me all of my property that you have stolen. Absent your compliance with my offer of FIRST NOTICE OF GRACE for Michael Casten, et al and CCC SHERIFF, a Commercial Lien will be placed on all of CCC SHERIFF property and the personal property ofMichael C.tasten et al. Also Involuntary Bankruptcy will be placed on all CCC sIMLIFF°property and Michael Casten-et al, for the Commercial Crime.of practicing Law without a License. THIS Imo'`FIRST offer,by NOTICE OF GRACE dated July 25,2003, offered.to Michael Casten et al and CCC SKIFF for correcting his/their theft of my property. Michael Cash et al and CCC SEMRIFF have twenty-one(2I)days for compliance. Robert Lan&McAdam Robert CeMKM _ _ _ . V +.V W* 1n;. sC rr, i I r 1 p � i co CD { OREMOM EA:_,,. rq i t . FIRST NOTICE OF CO1VRVIERCIAL LIEN WEIKEL OFFICE OF TB, S E,RIF OF CONTRA COSTA COUNTY 920 MELLUS STREET MARTINEZ, CA. 94553 REGISTERED MAIL o W41 V* July 25, 2003 Mark Weikel d/b/a MARK PEKEL— SARGENT THE OFFICE OF THE SIERI'FF OF CONTRA COSTA COUNTY—920 MELLUS STREET MARTINEZ, CA- 94553 Dear Mark Weikel et al, EQUALT.fY I.INDER THE LAW IS PARAMOUNT AND MANDATORY BY LAW. I,Robert Lance McAdam am Competent for handling my own.affairs. L Robert Lance McAdam have Power of Attorney for representing and a Copyright on the fiction ROBERT L. MCADAIvMQ. A sovereign cannot be sued in his own court. On or about June 9, 2003 Mark Weikel et al,with the threat of arrest,unlawfully and illegally stale property(my Ford Expedition valued at$20,197.55)from me at the direction of a Third Party Debt Collector. You were told by me and shown by me proof(a signed certified mail receipt)that your office received documentation that satisfied the Notice of Ruling for case NO.WS03-0574. You told me your office had no such documentation in the file. I gave you copies of the documentation that was sent to your office and you proceeded to make a lei determination by telling me that the payment instrument was not legal. After speaking with your office you, decided to threaten me with arrest and steal my car_ The proper protocol and Lawful/Legal method for taking my property is to file suit`in the proper court, have a hearing and receive a judgment from the court and by abstract the judgment is finale You have not followed proper protocol. I do not have a CONTRACT with you; signed by me that gives permission for taking my property. You do nvt have my permission'for making a legal determination forme in this matter, commonly called"Practicing Law Without a License", a commercial crime. Mark Weikel et al, you have stolen my property and this is your FIRST NOTICE of GRACE for allowing you to return my property that you have stolen. To correct the theft that Mark Weikel et al has committed and to release THE-OFFICE OF TBE SHEAF OF CONTRA.COSTA COUNTY herein after referred to as CCC SHERIFF,from this r' FIRST NOTICE OF LIEN you must return to me all of my property that you have stolen. Absent your compliance with my offer of FIRST NOTICE OF GRACE for Mark Weikel, et al and CCC SHERIFF, a Commercial Lien will be placed on all of CCC SEE IFF property and the personal property of ark Weikel et al. Also Involuntary Bankruptcy will be placed on all CCC SHERIFF property and Mark Weikel et al, for the Commercial Crime ofpracticmg Law without a License. THIS M'Y FIRST offer by NOTICE OF GRACE elated July 25, 2443, offered to Mark Weikel et al and CCC SF : F for correcting eir theft of my.property. Mark Weikel et al and CCC SHMWF have twenty-one(21)clays r ce. Robert Lance McAdam Robot r I i A I n 31Ls/ iayCto��rpp� a�Cay��.c� r��egrrCF�xyA� p17 24 ^ ; � :• v�i7:.rl��ii�xl�D�3��� "f<t9X}{�4�,rJ}��0'��JV `� `�"F`°, f �� '..� '1 xCAoitt LtCy? i �UD, ( I r t �USTQM@q {I ✓D131'tESS y TL.y 1 i') `' r p` tx "aar rs:%rir, � ,—�• v i r J t o ,r. z � k.'�':Fffr e��'•"d tr,.�I�x�! - £, Y x :,9 * a k - 3 'xikA>✓�1n Itjsur�aa+.t+rt{ qx ,� } t ry t + y f V� M 1 S A8'x+rsk'6sre Y i. M t SSt r a s k w u sip j� ;yt ;V"" VIV1�'s#7E,�4r 4f1 �F't � 'l tt ' ,x°a ;'44 �1 'tit }dry n `„W�I Yr S yx > 1 rlt�. n � F d' +� tr•_.. r '3��,�F 19 `"��s'ydJ�` }I. i '§ I77- 777. ' v � v �r < 1' t ' I - 1 r c ta�,p✓ 'r(yr� Mr;" fil a a ' ..21, s:4} 4'+` •+�t7' �" ` t tr � t J (� S J W � �` , 51 r I"•;f1n,x��Lt 3-7 sy �,t .�. -� a�lllTH F RN`0., SEDt3RtfYJEM FiC�E YSE iCE1 ' { S i 31� S"et $Y� �1[�lehavgr2tr�rglxYtrNhatt#s�v��htNtior�tyto iderttheplock aferiaahnve'�csrther L,��reet�,�b�r�ive,xth�dJ�ckr3mi#h � s,�r'autltoMaaUr�li.'#romany,arrtl�lfclaim�aMsl N'�?a tseais ih[s y-�p�, � f �� x�„ Ary ;� �J9framYhe7�earFoemancecfsuchavoPk 'PAIR r �,•,j 'st r n F ( n 5 LI6S ,y CEFi{AtFdUNiSER {,, "ix4e'd':� r.Yi Y (, �,r}��'3,� �• {,�4,t ,n r-. r + ++��4{ja�7t!�����.{��'�*���aCik ti�F.,..':( r C1'C}dAFIGE�zDN,-ACCC3.ltN"Tr t HN 4 ^'R•Fio�ri PtE85+CU P d ngaerx+ftt '}�txl�zt9e 882 n r 4 �+` v �7F'litYl',�rdnfc t r -- - :.-. ., ,.. ;.. �,< •73Y@��3»u 5�mgr33orotylit MH:gg458 urevww+reh �n ''xd _ r ati s �hRRV+E kUpa I .� WARREN E. RUPIi, Sheriff and Recovery Contra Costa County 2151 Arnold Industrial Way#I5 Civil Unit I Concord, cA 94520 920 Mellus Street Cr,SaTN (925) e25-4222 Robert Cardona Fax#(925) 825-0876 Martinez, CA. X4553 IDonatemycardom Toil Free(877) 625-4229 (925)-646-t770 ti VEHICLE INVENTORY r Sheriffs File Court Case b� Description and Ownership YEAR C,01,01Z AKEE d I . MILEAGE 1130116 RADDRESS -LOCATIONTOWED Q�TE ANDTTOWED ME OF GARAGER CI~ ADDRES i Qin I Z... S L V TOWINGt � � STORAGE FEE $ `7'x ,00 �� ��� CONDITION AND INVENTORY Iterns Yes No -Condition Items o Condition Seats - Bucket i D Seats --Front t Seats - ear( oc Radia Cigarette, Liv,13ter cyrill RearView-mirror -lea i h s S, Mi rn Spot li its i c�i ee Ens�ii " es L caps CUlr LIST PROPERTY, TOOLS, AND DESCRII3 VEHICLE DAMAGE LL't - Sif;natul-e of Deputy Sheri (Employee #). (Date) Signature of Tow Truck Driv- 7 (Print Nanle�.... T" Date:- Keeper's Name (If Used) ty INSTRUCTIONS TO GARAGE: DO NOT RELEASE TRIS VEHICLE WITHOUT OUR WRITTEN ORDER TO RELEASEW W q3 .per. d M in cj. �+�,�' y ;S Siff i i y MgrrYMlra in `Ln { 4T7 { � 1 {ice CD (jl Ln Ln i a i �rrur I � � fj� arnr'ririroi�r �f CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: .' =P ; NEW BOARD ACTION DATE: SEPT. 09, 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 z Pursuant to Government Code Section 913 and 915.4. Please note all"'W'arnings". AMOUNT; $1,195.00 CLAIMANT: Z RENTAL PROPERTIES FRANK ZICHICHI ATTORNEY: UNKNOWN DATE RECEIVED: JULY 23, 2003 ADDRESS: 2503 SAN PABLO AVENUE, STE. D BY DELIVERY TO CLERK ON: JULY 23, 2003 PINOLE, CA 94564 BY MAIL POSTMARKED: JULY 22, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JULY 23 2003 JOHN SWEE Dated: T,�We By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 arx l0.2, (,This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Cleric should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). 1>l Other: b �5 ask..o f -, ` - Air ' ,' -mob -Imp ty County Counse Dated: By: III, FROM: Clerk of the Board TO: County Courisel 2(7.) County Adm-nistrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IVOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim.is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN,CLERK,By , Deputy Cleric WARNING(Gov. code secti 913) Subject to certain exceptions,you have only six(6) months from the date this notice was personally served or deposite( in the mail to file a court action on this claim. See Government Code Section 945,6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age1$; 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. a Dated: rO 0&44-9 JOHN SWEETEN,CLERK By Deputy Clerk ,w OFFICE OF THE COUNTY COUNSEL $ILVANO B.MARC ESI COUNTY OF CONTRA COSTA r, P COUNTY COUNSEL Administration Building SHARON L. ANDERSON 651 Pine Street, 9`' Floor CHIEF ASSISTANT Martinez, California 94553-1229 c GREGORY C,HARVEY (925) 335-1800 e e 1P1'1 i II VALERIE J. RANCHE (925) 646-1078 (fax) t� 3 ;� ASSISTANTS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Frank Zichichi Z Rental Properties 2503 San Pablo Avenue, Suite D Pinole, CA 94564 RE: CLAIM OF: FRANK ZICHICHI Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ 11. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [N] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars($10,000). If the claim totals less than ten thousand dollars($10,000), the claim fails to state the amount claimed as of the date of presentation,the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. You are required to submit your claim on the proper form,which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. Page 1 Frank.Zichichi Re: Claim Page Two [X] 8. Other: The claim fails to state who backed into the tree and how they are related to the County of Contra Costa or the basis of your right to damage. SILVANO B ARCHESI COUNTY UNSEL `^ By: 0 �s4iit# un ounsel CERTIFICATE OF SERVICE BY MAIL (C.C.P.§§ 1012, 1013a,2015.5;Evidence Code§§641,664) 1 declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Bated: ' at Martinez,California. Kathy O'Connq)1 cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2.920.4,910.8) Page 2 Claim to a BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CL.AIIVM A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing craps and which accrue on or before December 31., 1937, must be presented not later than the I00th 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, 1985, 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 mast 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 distract 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 ` � •e :1 %' ) 'Reserved for Clerk's filing stamp REC Agaigt the County of Contra Costa or } JUL 2 12003 District) ?4' ViS()PS Z. 111 in MM The undersigned claimant hereby makes claim against the County of Contra Costa or the above--named District in the sum of $ � , � � t-N-1 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact rate and hour) 2. Where dial the damage or injury occur? (Include city and county) 41L, L— 3. How did the damage or injury occur? ( (ive full details; use extra paper if required) le 2- c-- 4. What particular act or omission can the part of county or district officers, servants or employees caused, the injury or damage? (over) 5. +gnat are the names of county or district officers, servants or employees causing the damage or injury? 5. What damage or injuries doY ou claim resulted? (Gi4 full extent of injuries or damages claimed. Attach two estimates for auto damage. r •�. A o ,_ 7. how was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 6. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: ?ATE ITEM AMUJNT Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorney) or by,some person on his. behalf." Name and Address of Attorney 1 \ ilo Ave. Ste. D Telephone No. Telephone No. r * 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 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. ................................................. ........ A 5 C 4Nt x "\ t i l:k A:, W y KA k ,.SaC J: S. s _t m7 yon f � � �� #'� ,t r,�. 'su �,..'a 4+ 9 t - c *-'t.`i to '�°�. �• • f • J I 1 r 5,,,. T -- Tr PI 600 (Axor", Colar, Suisvin 011634 CA 94514 707, 2371109 'i F' r a'NOT joh ♦' F. � -� � t a„ .,fir } �u� '"? ff �r` �a,.✓�. „� z�.... fig f�.,i yt" '..5 14071QIO Rol r 10"S ,- r t r' , �f J 1qf _. Dates My 1200(0',s y;inc Aye. e. Ig Toying VW of*0 Pon in Owa 710 O"m of 12 plah; wad. Sm"byl son: WAS, r , If two ablive 10"Unn.wt 1w; jou �"Wl Ate to Ste Os 3 41. v .......................... ...... .......... ................. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ' BOARD ACTION: SEPT. 09, 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" Y, ,r )Y AMOUNT: UNKNOWN CLAIMANT: KIRK HASKELL f CAL.f ATTORNEY: UNKNOWN DATE RECEIVED: AUGUST 01, 2003 ADDRESS: P.O. BOX 2000 BY DELIVERY TO CLERK ON: AUGUST 01., 2003 ORINDA, CA 94563 BY MAIL POSTMARKED: HAND DELIVERED By RISK MANAGEMENT FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET N, jerk Dated: AUGUST 01., 2003 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: r .Dated: G. : By: ,� %�� , w - 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). IVOARD ORDER.: By unanimous vote of the Supervisors present: M 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: Qg• e JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 13) 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: s/,P �.'�`' JOHN SWEETEN, CLERK.By Deputy Clerk 07/28/03 MON 08:88 FAX 2001 (;,a ii,to: BOARD OT SU 'EAV`MBS OFC JVa Cpt�TRA C�'t'A INS"TNt3CTIONS TO C AZTW;T A. Claims relating to causes of action for death or for injury to person or to per- sot al. Property or groving crops and which accrue on or before December 31, 1987, must be pmented not later than the 100th clay after the accrual of the cause of action. Claims relating to cadres of action for.death or for injury to person or to Personal property or griming crops and which accrue on or after January 1, 1988, must be presented not Luer than six months after the accrual of the cause of action. Claims relating to any other cause of action srn:st be presented not biter than tme year atter the as;crual of the owe of action. (Govt. Code $911..2.) B. Claims =t be filed With the Clerk of the Board of Supervizons at its office in Boom 105, County Administra'tim Building, 651 Pine Street, Martinez, Ci 94553. C. If claim is against a district governed by the Board of Supervisors, rather the the County, the name of the District should be filled in. D. If the claim is against mom than one public entity, separate claims must be riled against each public entity. E. ' Fmud. See penalty for fraudulent claims, Penal., Code Sea. 72 at the end of t-,-is .form. RE: Claim BY ) Reserved for Clerk's filing stamp } 3 Against the County of Contra Costa } ��� el� � o =111 in rese t The undersigned clamant hereby maces claim against the County of Contra, Cos�'���s the above-rumd District in the s= of $ and in support o this claim, represents as fol,lotts c 1. Mien disc the dam ge„or igjU ry occur? (Give exact date and hour) r� ,+.s` �..idi+.i �d ^ A. 2. Where did the die or injury occur? (Include city and county) _k&4&.�_0VZAe_ =� G 3. Haw did the damage or injury occur? (Give full details; use extra paper if required) +'?n � � � J� G" ' -YA) A pmt What particular act or omission an the part of county or district officers, servants or.employees caused.the injury or damage? (over) 07/28/03 MON 08:55 FAX 2002 Wnat are trove rams of county or district officers, stets or emplcyee3 causing the damage or injury? 6. What damage or injuries do you claim restatetKl Give full extent Of injuries or danageS claAmed. Attach two estimates for auto die. 7. Now was the amount claimed above computed? (Include the estimated amount of any prospective in,ur-f or Vie.) 8. Names and addresses of, witnesses, doctors and hospitals. /V"7� 9. List the expenditures u made on accomt of this accident or Injury: DATE nE —— Gov. Code Sec. 910;2 provides: "The claim rpt be slimed by the claimant SM UMCES TO: (Attorne ) or IM some versonAK his"behalf." Name and Address of Attorney Zan;, 7--ZIP14 Glaint{s Si ,ture Adds 4 � Telephone No. Telephone No... NOTICE Section 72 of the Penal Cade provides: "Eve" person who, with intent to defraud, presents for allowances or for past 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 or not more than one year, 6y 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, bath such Imprisonment and fine. TOTAL Fa03 07/28/03 MON 08:58 FAX 2003 Date: 7175/03 04:05 PM Estimate iia: 1501 Estimate Version: 0 Preliminary Profile ICS: PROFESSIONAL AUTO PROFESSIONAL AUTOMOTIVE ENTERPRISES 3331 MT.DIABLO BLVD LAFAYETTE,CA 94549 (925)283.2160 Fax: (925)283-2169 Damage Assessed By: SCOTT MCKENZIE Condition Cade: Good Deductible: UNKNOWN Owner KIRK HASKELL Address: P.0.BOX 2000 ORINDA,CA 94583 Telephone. Work Phone: (925)253.4233 Home Phone: (925)788.8477 Mitchell Service: 913530 Description: 2002 Dodge Pickup R1500 Body Style: 4D PkupCrw 6'Bed 140"WS Drive Train: 5.91-Inj 8 Cyl 4WD VIN: 1D7HU18Z72J197560 License: 6Y34593 CA Color: CHARCOAL Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 AUTO BOY OVERHAUL REAR BUMPER ASSY � i.2 2 301410 BDY REMOVEtREPLACE REAR BUMPER STEP TYPE BAR 5073625AB 337.00 INC 3 AUTO REF REFINISH REAR FACE BAR C 0.8 4 301411 BDY REMOVEIREPLACE REAR BUMPER STEP PAD 55077340AB 67.65 INC 5 AUTO REF ADD*L OPR CLEAR COAT 0.3 6 953403 REF ADD'L OPR TINT COLOR 0.5` 7 AUTO ADD'L COST PAINTiMATERIALS 40.00 8 AUTO ADD'L COST HAZARDOUS WASTE DISPOSAL 4.80 *-Judgement Item 1^ F Included In Clear Coast Calc Add'f Labor Sublet I. Labor Subtotals Unita Rate Amount Amount Totals iL Part Replacement Summary Amount Body 1.2 70,00 0.00 0.00 84.00 Taxable Parts 404.85 Refinish 1.6 70.40 4.00 0.00 112.00 Sales Tax 8.250% 33.40 Nora-Taxable Labor 196.00 Total Replacement Parts Amount 1438.25 Labor Summary 2.8 196.00 ESTIMATE RECALL NUMBER: 711W0316.05:05 1601 UltraMate is a Trademark of Mitchell International Mitchell Data Version: JUL�03_A Copyright(C)1994-2002 Mitchell International Page 1 of 2 UltraMata Version: 4.8.412 All Rights Reservad 07/28/03 MON 08:59 FAX 0004 Date: 7115103 04:05 PM Estimate 10- 1601 Estimate Version: 0 Preliminary Profile 10: PROFESSIONAL AUTO Ill. Additional Costs Amount IV. Adjustments Amount Taxable Costs 48.00 Customer Responsibility 0.00 Sales Tax 8.250% 3.96 Non-Taxable Costs 4.80 'total Additional Casts 56.76 1. Total Labor: 198.00 Il. Total Replacement Farts: 438.25 Ill. Total Additional Costs: 56.76 Gross Total: 691.01 IV. Total Adjustments: 0.00 Net Total; 691.01 This is a nreaminary estimate. Addltionai changes to the estimate MU ise rgSuiretf for the actual m I HEREBY AUTHORIZE PROFFESIONAL AUTOMOTIVE ENTERPRISES TO COMMENCE REPAIRS ON MY VEHICLE PER THIS ESTIMATE. SIGNED DATE -- WARNING: Accidental air bag deployment Is possible. Personal injury may result. Avoid area near steering wheel and Instrument panel+coven if air bags have deployed. Dual-stage air bag modules may be present that could contain an undeployed stage. When disposing of a deployed dual-stage sir bag,always treat It as a"live"module. Seo appropriate MITCHELLO AIR BAG SERVICE&REPAIR MANUAL,or OEM Information. ESTIMATE RECALL NUMBER., 7/15M316:0&-05 1601 UltraMate is a Trademark of Mitchell International Mitchell Data Version. JUL 03_A Copyright(C)1994-200.2 Mitchell International Page 2 of 2 2 UltraMate Version: 4.811All Rights Reserved zoos 07/28%03 h1ON 08:58 FAX POLICE SERVICES 4 i- i ♦: Dis RD r a 94563 J- a To. From: PhoneNo.-. ;_ _ Phone No.: (925) 254-6820 Fax No.-.—S5 5 - J 1 Fax No.: (925) 254-9158 cc.. Mailing Address: P.C.Q. Box 2000 Orinda, CA 94563 Date: Number of pages including cower sheet: RMAI S: ❑ Urgent a Review/FYI ❑ Reply ASAP ❑ Action Needed TD ro d 'e' A .sem CONFIDENTIALITY NOTICE This document is intended only for the use of the addressee and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If the render of this message is not the intended recipient, ayou are hereby notified that the dissemination, distribution, or copying of the communication is strictly prohibited. please call(925)254-6820 to arrange for the return of this material if the reader is not the intended recipient. Police Pax 2003 6111!93 CLAIM e.41 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: SEPT. 09, 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: $5,501-09 >s CLAIMANT: FARMERS INSURANCE GROUP CHRISTINA L. REDONDO FOR: DAVID SWEDELSON ATTORNEY: UNKNOWN DATE RECEIVED: AUGUST 04, 2003 ADDRESS: 18444 N. 25th AVENUE BY DELIVERY TO CLERK ON: AUGUST 04, 2003 PHOENIX, AZ 85038 BY MAIL POSTMARKED: AUGUST 022 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE T lark Dated: AUGUST 04, 2003 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supefvisois ( <� 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 u .. n By: �' ,a<<�, _. . , _.< �_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. ARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: `, JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ,�� JOHN SWEETEN, CLERK By Deputy Clerk National Document Center R P.O.Box 268992 R ` E A M E R S Oklahoma City,OK 73126-8992 claimsdocuments@farmersinsurance.com Past:(877)217-1389 July 31, 2003 Contra Costa County ria Care of. Penny Bailey Clerk Of The Board Of r��Stai�ty, Supervisors 651 Pine Street Martinez, CA 94553 k Christina L. Redondo Subrogation Claims Representative RE: Insured: David Swedelson Claim Number: 1002873469 F ARM Policy Number: 96-0159991808 Loss Date: 03/27/2043 f, 18444 N.25th Ave. Your Insured: City of San Ramon ' Phoenix,AZ 85038 Phone: ,6fl2� Your File Number: 53309 1. 23 Fax:(602)293-4775-4775 Amount Owed: $5,541.09 christina.redondogfarmersinsurance.com Dear Ms Bailey: Please accept this letter as notice of our intent to exercise our subrogation rights under our insured's insurance policy. Our investigation shows your insured, was responsible for damage to our insured's property in the above referenced matter. We have resolved the claim with our insured, and I have attached the necessary documentation to settle our subrogation interest. In the event you make any payment to our insured, we request that you protect our interest by including our name on the draft/check. If you have already made a settlement with our insured, please advise me immediately. If you have any questions or concerns, please feel free to contact me at(602) 293-4723 . Sincerely, Farmers Insurance Exchange Christina L Redondo Subrogation Claims Representative 5D4RT8C011 JUL.-29-2003 15--32 CCC RISK MANAGMEN7 325 335 1421 P.02 Claim to: BCAM CF �ERVM OF MU COSTA t�t�`t'Y ��� A. Claims relating to cause$ of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19$71 must be prated not later ttm the 100th stay after the accrual of the cause of actions. Claim relating to causes of action for death or for injury to person or to personal, property or ;grvAng cups and which ague on or after JarAwy 1, 1988, must be presented not later than six mmtbs after the accrual of the cause of action. Claims relating to any other cue of action must be presented not later than one, ;year after* the accrual of the cause of action. (Govt. Cotte S911.2.) B. Claims must be filed with the Clerk of the, Board of Sapervisor3 at its office in Room 106, CmMty Administration Building, 651 Pine Street, Ya tin+ez, 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 t.,= one public entity, separate claims must be filedagairmt each public enta.ty. E. ' Fraud. See penalty for fraudulent claims, Pel Code Sew. 72 at the end of this itrr �ta �t * aeas �te �tsaa * * HE: Claim By Reserved for Clerk's filing stamp { »? u Against themy of Contra stag � AUG 0 4 2003 strict) }, SUPER OC s in ) CCP.7 S7:4 CO. 'The undemigned claizant hereby mates claim against the County of Contra Costa or the above-reamed District in the am of $ _!L501 and in support of this claim represents as follows 1. When did the damage or injury os ? (Give exact date and hour) . 3 0P-M 2. Were dial the damp or injury oeour. (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if o �...�...�.._..a..w..�..�....... 4. Wbat particular act or emission on the part of county or district officers, sere nts sir .employees unused.the.injury or damage? V JLL-29-2003 15-,M CCC RISK MANA €ENT 925 335 1421 P.03 wnat are the ids of qty or district officers, servants or employees causing the age or injury? g: r C- 5 C 6. What damage or injuries do you claim resulted? (Give f extent of injuries or° damages alai. Attach two estimates for auto damage. a How was the amount claimed above computed? (Include the estimated amount of any prospective injury, or damage.) _ .r (E_`• / ww'+r'r.vwaicarwsoeM�v4r�.was�.MYSrrM�.rM+�+�1.sli.1�MY.Y+Mr�rrra.r+rMvw�r�...�+.M+erraryy wrY+Y�aarsr�ssf �3. Names and addresses of witnesses, doctors and hospitals. t"'�.b. J�c_ +moi C_f.,c.zti.,, 44 6!, DP r C� � ry�'r t Q.- 9. List the expe-nditures you made ora acc=t of this accident or injury t £SATE iTEM{ i NT -3/0-3 3 'W +..- ,r+.Xis' AF f #F # !� iE iF !6 - Co Gov. Code Sec. 910;2 provides: "The claim t be :signed by the claimant DLA CES To: Attor'n� or by some zr= on his. behalf"." NOW and: Address of Attorney '111 � r€� � IZEE s Si t Telephone tio. Telephone No. } f --2 ` ` . 1rir 1111"W Ir T 1.1 Ir ;N0TIC Sectio 72 of the Penal Code provides: - "Every Person wtv, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any rxty, city or district board or orf fico, authorized to allow or pay the saw if genuine, any false: or fraudulent claim, bila, 0000Unt, voucher, Or writing, is punishable either by imprisorigmt in the COUnty Jail tw a period of not more tt= a e-year, by a fine of not exceeding one thousand, ($11000)' Or by both such iMr'isoment and fine, or by imprisonment in the ate prisms, by a fine of not, exceeding ten thousand dollars 410,0W, or by both such Imprisonment and fine. TOTAL P.03 r 1 00 a law _ F NNE x: x . IN 5� ,s MWFIII Nom xr En�t�=s7, a mill� 1!2 F � 2 o!r'. IR �-:{ Q3� � L .� �•{ 4 �;i •vl�.d� qy`� �z � #,, ate,. yyaa11 i �} l Y f+f Z$ 4•w l (y { G ib In n t i S. w .I F @ NO., v ' s c ��., m D � `�CN f'Fi ti HN t7 1 Cc,` C4 00 *YAf tf7-50 astrR`a Allvt MA W 3a:as, df 4. e *`C kt f# Gf3 a .r n CL ul up sr uj wtim m, � . LU r je 4 O EJu All v a.' � �ul „r a $t W VW- IT Kill owls Mgt loin r k N lot s 0 vu 3 N \ c a a o v `s N C"J ? ^^ 0 mm: _ Ylot N; ,� z t i Sim P aNl ID O'D Z3 ERE TIE i 3 k x�. w R 3 2 1�y i r Q a i T er cc{ CL CL MA EL Lu og E ;Y 9 TIT J} Q M fx iU;Z2,N? sF�l b c' � tit N •OD-i a2 M (R y 0- co _.:Lu $ it In `ro LU } Ch • I'� C L 2 f 'r .2: ''. a' . '„ "" s 7-� Estimate Page 1 of 4 Estimate#1416092(Supp 4) Print M2 Collision - San Ramon, CA ESTIMATE of RECORD Re-inspect Insured/Owner In#ormsdon Adjuster Information Inspection Location Inftnmation Insured DAVID Adjuster Bob Smithey Location SWEDELSON Phone (925)437-1986 Address 2700 HOOPER DRIVE Owner DAVID Email a@b.com City SAN RAMON SWEDELSON State Zip CA 94583 Address 122 ARAPAHO CIR City SAN RAMON Phone (925)831-1778 State Zip CA 94583 Home (925)785-5848 Work Claim Information Appraiser Information Repair Facillty information Claim No 10028734eg-1-1 Written Collins,Tim Repair Facility M2 AUTOEXCELLENCE Claimant No By Address 2700 HOOPER DRIVE Loss Date 3127/2003 Est.Code Collins City SAN RAMON Policy No 0159991808 Office M2 Collision-San Ramon,CA State Zip CA 94583 Loss Type Collision Address 2700 Hooper Dr. Cont.Name city San Ramon Phone (925)831-1778 State Zip CA 94583 Fax (925)831-8472 Work (925)931-1778 Email coesanramon@m2automotive.com Mobile Fed Tax ID 330577123 Fax State Lic./BAR Pager No. Email sanramon@m2automotive.com Insurance Company Information Estimate Information Calendar of Events Insurance Farmers#M5 Supplement 4 Loss 3(27/2003 Pleasanton PATHWAYS Assignment 3/2712003 11533 Dublin Estimate OKCUODIB Address Canyon Rd. Inspection 5/9(2003 City Pleasanton Estimate 5/9/2003 State Zip CA 94588 Upload Phone (925)224-8300 Fax (925)463-3934 Deductible Amount $1,000.00 Estimate Notes ............................................................................................................................................................................................. •................... Vehicle Information Make DODG Year 2002 Engine 6-3.9L-FI Style 2D P/U Odometer 6501 Model DAKOTA 4X2 CLUB CA Color PJK License 6Y81067 Type Pickup VAN I B7GL42X92S569542 Pont of Impact Condition Prod.Date 11/1 #1 LIM Stab CA Faint of Impact #2 http.//processelaims.corn/web/clients/generic/estimatefonn.aspx?docid=5328934&estid=l 4... 7/31/2003 Estimate Page 2 of 4 Equipment Options Air Conditioning Intermittent Wipers Dual Mirrors Privacy Glass Roof Console Clear Coat Paint Power Steering Power Brakes Anti-Lock Brakes(2) Driver Air Bag Passenger Air Bag Cloth Seats Split Bench Seats Dear Step Bumper Aluminum/Alloy Wheels ........................_...._....__.....__._................-..-.-...-_ .-- ._......_.........._...-------....-----........................._._._..........,................._.... .... Ncs: ...............Cfpar. ........... tksn CaW or tln--.lffi Paint t#rtits......Tax Mlsc Parts Cost t1tY � Each .Tani . 1 FRONTBUMPER 2 R&I R&I bumper assy 0.8 Body 3 R&R Front pane(INICKED UP) 1_0 Body 1 OEM mil QQ $360.00 4 FRONT LAMPS 5 R&I LT Combo lamp assy 0.5 Body 6 FENDER 7 Repair LT Fender assy 66. . Body 2.0 8S Add for Clear Coat 0.8 9 Add for Edging 0,5 10 LESS SPOT REFINISH -0.3 11 R&I LT Splash shield w/heat 0.4 Body shield 12 ***RT WHEEL HIT THE CURB*** 13 WHEELS RECOND RT/Front Wheel, 0.3 Body 1 $j0_.0Q $165.00 14 R&R alloy 15x7(WKH) 15 -only one rim is repairable and pacflc 16 R&R {WKH}nt Wheel,alloy 15x7 0.3 Body 1 OEM $277.00 $277.00 17 CAB 18 Repair LT Side panel 2.5 Body 2.2 19 Overlap Major Adj.Panel -0.4 20S Add for Clear Coat 0.4 21 R&I LT Glass Chrysler 0.8 Body Yes 22 R&R LT Joint cover 0.2 Body 1 OEM $13.50 $13.50 23 R&I LT Trim panel upper panel 0.7 Body light taupe 24 R&R LT Body side mldg 0.2 Body 1 OEM $LZ.20 $52.20 25 R&I LT Glass seal 0.3 Body 26 Repair Back panel 20 Body 2.0 27 Overlap Major Adj.Panel -0.4 28S Add for Clear Coat 0.3 29 FRONT DOOR 30 R&R LT Outer panel regular& 6.0 Body 2.2 1 OEM $230.00 $230.00 club cab 31 Overlap Major Adj.Panel -0.4 32S Add for Clear Coat 0.4 33 Add for mirror manual 0.4 Body 34 Add for Edging 0.5 35 R&R LT Body side midg 0.2 Body 1 OEM $27.00 $27.00 36 R&R LT Decal"Dakota"chrome 0.3 Body 1 OEM $34.60 $34.60 37 R&R LT Decal"SLT" 0.3 Body 1 OEM $33,00 $33.00 38 R&R LT Pillar tape 0.3 Body 1 OEM $22.60 $22.60 39 CLEAN&RETAPE CAB 0.3 Body Yes $3.00 SIDE MLDG http://processclaims.com/web/clients/generic/estimateform.aspx?docid=5328934&estid=l 4... 7/31/2003 _ _.. _ Estimate Page 3 of 4 40 R&I LT Glass 0.4 Body Yes 41 R&R LT Weatherstrip pillar 1 OEM $15.45 $15.45 42 R&R LT Weatherstrip sill 1 OEM $14.25 $14.25 43 Repair LT Door shell regular&club 1�0 Body y 44 PICK UP BOX 45 R&R Set back box assy 1.5 Body 46 R&I BED COVER 0.5 Body 47 REAR BUMPER 48 R&I R&I bumper assy 0.5 Body 49 Cover Vehicle for 0.2 Body y Yes $5.00 50 Harardous Waste $3.50 51 Sublet Tire Mount and Balance $15.00 52 Sublet Tire Mount and Balance $15.00 53 CORROSION Yes $8.00 PROTECTION 54 Qual Rep[Parts VALVE STEM 1 AIM $2.00 $2.00 55 Sublet WHEEL ALIGNMENT $55.00 56 "" LKQ 479019 RPN N/A 130643""" 57 GUARANTEED COMPETION DATE 58 STEERING GEAR& LINKAGE 59 R&R Gear assy 1 OEM S,592.00 $592.00 60 R&R Qual Rept Parts 1 A/M $7.20 $7.20 powersteering fluid 61 Sublet INSTALL STERRING GEAR $203.58 62 FRONT SUSPENSION 63S R&R RT Hub assy 2 wheel anti-lock 1 OEM $195.50 $195.56 64 Sublet Install Hub--Walt's Danville $ Service 191.25 Labor Efate Information ?Type _ _Labor Units Labor Rate Paint Units Paint Rate Addittonai Type Total ......_ .................. ...................................................................._....................._....-..........................._............ Parts Parts $2,041.30 Parts Adj(OEM) Parts Adj(OEM) ($186.71) Body 28.4 $60.00 Body $1,704.00 Paint 9.8 $60.00 Paint $588.00 Paint Materials 9.8 $26.00 Paint Mat $254.80 Miscellaneous $499.33 Miscellaneous $499.33 Tax $2,125.39` 8.25% Tax $175.34 ............................... .._.......................------------.................. ............................................................................. -----............. Total $5,076.06 Previous Total $5,124.06 This Supp ($48.00) Adjustments..................................................................................................................................... Deductible $1,000.00 Total Betterment $0.00 ...................--------'........................................................_ Customer pay .. ................................... _1,000.00----------------------------------------- ------ Insuran ----------------------- Insurance Pay $4,076.06 Part type legend: OEM =Original Equipment Manufacturer LKQ=Like Kind and Quality http.//processelaims-co /web/clients/generic/estimateform.aspx?docid=5328934&estid=14... 7/31/2003 Estimate Page 4 of 4 AIM=Aftermarket http://processelaims.com/web/clients/generic/est mateforrn.aspx?docid=5328934&estid=l4... 7/31/2003 Image View Page 1 of 23 Photos and tither Documents Priv Imarga MVC-0235 SPG http://processelaims.com/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2403 Image View Page 2 of 23 a r� 9 a� J d I t�h �";< '•-fir ( t pht ", MVC-022S.JPG http://processclaims.corn/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2003 Image View Page 3 of 23 P M Tf C-021S.JPG http://processclaims.com/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2003 Image View Page 4 of 23 MVC-020S.3PC http://processelaims.com/web/clients/crawford/imageview.aspx?img id-5492655 7/31/2043 Image View Page 5 of 23 P K- MC-019S.3PG http.//Processclaims.com/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2003 Image View Page 6 of 23 a s http://processelaims.cOm/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2003 Image View Page 7 of 23 MVC-017S.3PG httpJ/processelaims.com/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2003 Image View Page 8 of 23 Mi V-016S.3PG http://processelaims.com/web/clients/crawford/imageview.aspx?img_id=5492655 7/31/2003 Image View Page 9 of 23 MVV-OILMSYMPG http://processclaims.cam/web/clients/crawford/imageview.aspx?img_id=5492655 7/31/2403 Image View Page 10 of 23 (5� r t y MVC-014S.3PG i http://processelaims-com/web/clients/crawford/imageview.aspx?img_id=5492655 7/31/2003 Image View Page I I of 23 uk �t f n� Y �� zy MVC-013S.3PG http://Processelaims.cOm/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2003 Image'view Page 12 of 23 MVC-012S.3PG httpJ/Processelaims.com/web/clients/crawford/imageview.aspx?img _id=5492655 7/31/2003 Image View Page 13 of 23 �m � w R http://Processclaims.com/web/clients/crawford/imageview.aspx?img_id=5492655 7/31/2003 Image View Wage 14 of 23 MVC-OIOS.3pG http://processclaims.com/web/clients/crawford/imageview.aspx?img _id=5492655 7/31/2003 Image View Page 15 of 23 MVC-009S.3PG http://processclaims.com/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2003 _... _ Image View Page 16 of 23 t, MVC-OOSS.JPC http://processclaims-com/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2003 Image View Page 17 of 23 MVC=-047S 3P'G http://processelaims.corn/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2003 Image View Page 18 of 23 MVC-0065.3PG http://processclaims,com/web/clients/crawford/imageview.aspx?img__id=5492655 7/31/2003 Image'View Wage 19 of 23 WC-OO S.3pG http://processelaims.com/web/clients/crawford/ima.geview.aspx?img id=5492655 7/31/2003 Image View Page 20 of 23 £a MVC 004SJPG http://processelaims.corn/web/clients/crawford/imageview.aspx?img id=5492655 7/31/2003 Page of ,mage,view xn 4r j .rte .3,p��.t j 131 J2o03 fox��.Jim��eview.asp ?irn id-549265' .co m J'�v eb J clients 1 cr a�w ho.J1processai Image View Page 22 of 23 MVC-002S.IP ` http://processclaims.corn/web/clients/crawford/imageview.aspx?img id-5492655 7/31/2003 Image View Page 23 of 23 F , MVS-001S.3pG httpJ/processe,laims.com/web/clients/crawford/imageview.aspx?img_id=5492655 7/31/2003 HERTZ E-Print REMIT TO: Rental Agreement No: A19660443 HERTZ LOCAL EDITION rty Invoice Bate: 2003-04-25 PO BOX 268825 Document: 609036485164 OKLAHOMA CITY, OK 73126-8825 Account No XXXXXXXX6918 HCC UNITED STATES M=W1 LOCAL EDI ON Reservation ID: CDP NO. : 1227309 TAX Id: =3-1938568 ORIGINAL INVOICE CDP Name: HLE FARMERS PLEASANTON NO. I Club: COD COD FARMERS-PLEASANTON *ATTN CLAIMS DEPT 11533 DUBLIN CANYON DR PLEASANTON, CA 94588-2816 UNITED STATES RENTAL DETAILS RENTAL CHARGES Renter: DAVID SWEDELSON DAYS 17 @ 24.99 424.83 Car Description: 4ZRV187 SUBTOTAL 424.83 Group: Charged Rented C Reserved X TAX 8.25% 35.05 Rate Man In: CNVC Rate Plan Out: CNV TOTAL CHARGES 459.88 USD Rented On: 2003-04-06 15:55 07283-05 SAN RAMON, CA CUSTOMER PAID -34.88 Returned On: 2003-04-24 18:00 07283-05 SAN RAMON, CA Miles In/Out/Driven: 5,640 - 5,414 = 226 Miles Allowed/Charged: TR-X Miles Driven: BILLING INFORMATION Claim No: 1002873469-1-1 Policy No: Date of Loss: 2003/03/21 Type of Loss: D Repair Facility: M2 AUTO EXCELLENCE Authorized Rate: 25.00 Authorized Days: Adjuster- COD COD Insured: SWEDELSON, DAVID PAYMENT DUE UPON RECEIPT AMOUNT DUE 425.00 USD THANK YOU FOR RENTING FROM HERTZ Billing Inquiries: Phone- 1-888-777-3700 FAX: 405-775-6413 E-mail: CUSTOMERBILLING@HERTZ.COM PLEASE PAY: 425.00 USD file:///DI/StagingArea/FileimportTemp/627E991ECF27OF6CB8256Dl6OO5BF53EO02.htm[4/28/2003 4:45:44 PkV CLAIM B£3&" OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:SEPT. 09, 2003 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 Cedes. ) 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: $278.43 �� ' },• >_ z.s�� s: CLAIMANT: MITCH FRADES x N ATTORNEY: UNKNOWN DATE RECEDED: AUGUST 04, 2003 ADDRESS: 2426 MARK TWAIN DRIVE BY DELIVERY TO CLERK ON: AUGUST 04, 2003 ANTIOCH, CA 94531 BY MAIL POSTMARKED: AUGUST 01, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHNN SW , Clerk Dated: AUGUST 04, 2003 By: Deputy II, FROM: County Counsel TO: Clerk of the Board of Su ervisors ' r 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: �1 �f I Bated. -b f: N „ u rf, .' t ,, d .. �.•� .Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. ARD MILDER: By unanimous vote of the Supervisors present: ( s Claw 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: 956—v. JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING{Gov. code section 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18 and that today I deposited in the United States postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ' /f 0'90'6'.� JOHN SWEETEN, CLERK.By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLADVNr A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th clay 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 :hare one year after the accrual of the cause of actions. (Govt. Cade §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Roan 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 asst be filed against each public entity. E. ' Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Against the County of Contra Costa or ) AUG 0 4 2003_71 District) CLE - , Fill in sue� ors ,Wf 'fs The undersigned claimant hereby makes claim against the County of Contra Costa or the above'-named District in the sten of $ qand in support of this claim represents as follows: 1. When did the damage or injury occ=? (Give exact date and hour) D 1 �% r!% c 'a 2. Where did the damage or Ll occur? (Include city and county) r, ,,? . .r, `i-Irl- 3. How disc the damage or injury 9ccur? (Give full details, use extra paper if . required)`coo,E,, tnr =a fry �' wiz '{ t } �rSP ��vr- . •,®�sf c",z i ✓':> h €"as v i�r �I�in r"+ T"' v t� 3y' � 5 ,-t CM9 I- - sr 4. What particular act or omission on the part of county or district officers, servants or .employees caused the injury or damage. (over) wnat are the names of county or district officers, servants or employees causing the damage or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7, 1How was the amount claimed above computed? (include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident, or injury: DATE ITEM AMOUNT Gov. Code Sec. 91M provides. "The claim must be signed by the claimant NOTICES TO: (Attorney) orb some person on his f." Name and Address of Attorney x Claimant's Signature ilrt�'?rp�5, Telephone No : ` `� `- ~��` Telephone No. it * * * * * * * - * * * * * * * N O 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 any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bila., 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 ($10,000, or by both such imprisonment and fine. - { GLASS '5...:UNION CITY, Keyed by : 5min CA. 7 •+ }: .w..... Mimi I: .. :.. f 1 Alto 800-ASAP tayap 2426 MARK TWPIN HOME .. .... • .r gm want =0 :r SS f.:. rf. R"Pacewith . .... :: SHju kf% flBUB TOTAi.- -2 Ax ig i6 O f}$ S ' rf� ry SSSS: L;:Q CLAIM OARD OF SUPERVISOR OF CC3NTRA COSTA COUNTY • BOARDACTION: SST. 09, 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 3 915.4. Please note all"Warnings". AMOUNT: $929.49 f* f CLAIMANT: KEMPER AUTO AND HOME CHERYL HARMON FOR: LISA/ROBERT LUCAS ATTORNEY: UNKNOWN DATE RECEIVED: AUGUST 04, 2003 ADDRESS: P.O. BOX 526007 BY DELIVERY TO CLERK ON: AUGUST 04, 2003 SACRAMENTO, CA 95852-6007 BY MAIL POSTMARKED: AUGUST 01., 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SW E lerk Bated: AUGUST 04, 2003 By: Deputy. L - B. FROM: County Counsel TO: Clerk of the Board of SuperCsors { '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 tamely 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 911.0. { ) Other: x} Dated :: �. .. >� By: fF. ,, �r.. etyJC" my Counsel MOu 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). 1V ROARD 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 Carder entered in its minutes for this date. Dated: ' �� JOHN SWEETEN, CLERK., By > Deputy Clerk WARNING(Gov, code section 913) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 345,6. 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. *Far 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 1,8, 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. Date JOHN SWEETEN, CLERK.ByA�—� Deputy Clerk Kemper r------ Auto and Home LCLE[RK' I A UNITRIN Company G 0 4 2003.. IRD O_�(;p.R SJuly 31, 2003 TRA CC)STA 6,0.' A5 Board of Supervisors of Contra Costa County County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 RE: Our Claim #: 786 AE 179866 N 786 CCH Our Insured: Lisa/Robert Lucas Date of Loss: 05/22/03 This will confirm our subrogation interest arising from this loss. We have settled this claim with our insured and request payment directly to American Manufacturers Mutual Insurance Company. Enclosed are copies of our subrogation documents, and copies of our payment history. The total amount of subrogation is $929.49 which includes our insured's out of pocket rental expense. Total Repair Costs $747,69 Rental Paid $ 50.00 Out of Pocket Rental $131.80 Total: $929.49 If you have any questions, please contact me. Sincerely, American Manufacturers Mutual Insurance Company Cheryl Harmon Claim Department 800-822-8426 x2557 (916) 294-2500 (800) 822-8426 (916) 294-2600 Fax P.Q. Box 526007 Sacramento, CA 95852-6007 www.kemperautoandhome.com CALH CCH FOCUS 0'7/31/03 PANT SELECTION MPHS01 CLti'I'M 786 A.E 1'79866 N 736 NAME LUCAS SA*1A D.C.L. 05/22/03 CHECK ff ISSUE PAYEE PAYMENT PAYMENT DATE AMOUNT STATUS 514 0376744 07/07103 ENTERPRISE RENT .A CAC 50 . 00 ACTIVE 514 0360921 06/12/03 ROBERT UCAS 280 . 00 ACTIVE 514 035521.3 06/04/03 ROBERT 467 . 69 ACTIVE F0000014A PLACE CURSOR IN FRONT OF DESIRED ITEM AND PRESS ENTER JLN-12-20003 10:20 CCC RISK MANAGMENT 925 335 1421 P.02 Claim to BOARD OF SMEW SGRS OF COM C=A COUM IMMt MONS M Ct,ADW A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing ceps and which accrue an or before December 31, 1987, mast be presented not letter than the 100th day after the accrual of the cause of action. Maims relating to causes of action for-death cr 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 ares 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 mast 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 Beard 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. B.' Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this To—m. e * a � �a � a a a tt �e a a a * a � a a � e a a tt � a �t e a a a a a e a a • �t � a � � a RE: Claim By Reserved for Clerk's filing,stamp Kcevlz y of MEN or District) The Widersigned claimant hereby'makes claim against the County of Contra Costa, or the above-named District in the sun of � �, ��„ ��� and in support of this claim represents-as fob: 1. When did the damage or injury occur? (Give exact date and hoar) 2. Where did the damage or injury o=n-,. (Include city and =Mty) 3. Ro,�i,'�gdid tete damage or injury, occur? (Give full details; use extra paper if required) sc..'rA( S ,"'}fJ = r rE " s„ Y' {. j . 'A'- r','t' 4411 r tr"`aF 1 ..1 6✓^ •�" .. 4*�,v may✓S f i 4� ` 4'i'�} J. F.'y'i tf"yrs "� I`:.,y(;, „ [t" x b Pa :£.� t;ryi} *,A . M.hat particu3ar act or omission on the Sart of county or district officers, servants or.employees caused.the.injury or.d ge? JUN-i2-2003 10:21 CCC RISK MANAGMENT 925 335 1421 1 .03 �tnat are Ltle of ct�unty ar district officers, servants ar employees causing the damage or Injury? 5. what doge or injuries do you claim resulted? {Gine full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated mount of any prospective :Lnjnor damage. r Names and addresses of.witnesses, doctors and hospitals. " - 9. List the expenditures you made on account of this accident or injuryt DATE I`ll AMOUNT • e +� e � e � � �€ e .eee �re �tee •a -�• e.eeeea� * e-e �t �r �t * eee +� ea_• e �,r� e GoW. Code &w. '910;2 prvvideas "The claim mast be signed by the claimant SM NOT= TOt (Atttirne ) or an his.behalf la—me and Addrew of Attorney . C& s S tura Address N Telephone No. Telephone No, l� � q IV...2 5 eeaee ear * eea ee NOTICE Sectio 72 of the Frenal Code provides: = "Every person who, with intent to defraud, presents for allowanee or for payment to any state board or officer, or to any county, city or distriot 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 mwe than one-year, by s fine or not exceeding one thousand ($1,000), or by-both sucks iatiprisor�bent 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. TOTAL P.03 05/2'912003 11:26 FAX 15104818630 Challenger School - SZ IaOO2 f, t LL _ + � ._...._.r... ARMS - Automated Rental Management System(Patent Pending) Page 1 of 1 Rental Company: ENTERPRISE RENT-A-CAR A Claims Invoice:: D561874-2316 Bill To: Billing Detail: KEMPER AUTO&HOME INS ATTN: CHERYL HARMON Rental Period:6/9/03 to 6/14/03(6 days) PO . BOX 526007 Billed Period: 6/9/03 to 6/10/03(2 days) SACRAMENTO , CA 95852 Description Rate: Amount RENTER INFORMATION: 6 DAYS @ $27.99 $167.94 Renter: LUCAS, LISA 1 SALES TAX% $8.25 $13.86 Address: 5150 EDGEVIEW DR BYRON, CA 945149237 TOTAL CHARGES: $181.80 Home Phone: (925)516-5866 Less Amount Received: $131.80 Office Phone: (925)225-7483 AMt7UNT 1:?tJE.......... $50.00 RENTAL INFORMATION: Rental Branch Location: ENTERPRISE RENT-A-CAR(2316) 6867 DUBLIN BLVD. DUBLIN, CA 945683031 CLAIM INORMATION: Claire number 786AE 179866 N786 Claim Type: insured Vehicle Condition: Non-Driveable Date of Loss: Insured Name: Owner's Vehicle: Repair Facility: 131E 0 TIRES-DUBLIN (925)829-1950 Rental Invoice Please Return This Portion with Remittance Make Payment To: Total Charges: $181.80 ENTERPRISE RENT-A-CAR(23CC) Less Amount Received: $131.80 2550 MONUMENT BLVD. Total Amount Due................ $50.00 CONCORD,CA 945203107 Federal ID:36-3041733 Please include on your check: Invoice:: D561874-2316 https://wwwv.enterprise.com/armstiveb/payinvoice 6/16/2003 06, 0.2/2003 AT 10:51 AM 78678601798660000100002 72585 KEMPER AUTO AND HOME GROUP KAH 80 BLUE RAVINE RD STE #200 FOLSOM, CA 95630 (800)822-8426 FAX: (925)875-9276 ESTIMATE OF RECORD WRITTEN BY: ALBERT PUJOL # 06/02/2003 10:33 AM ADJUSTER: CCH # INSURED: LISAW LUCAS CLAIM #78678601798660000100002 OWNER: ROBERT LUCAS POLICY # ADDRESS: 5150 EDGEVIEW DRIVE DATE OF LOSS: 05/22/2003 AT 12:01 PM BYRON, CA 94514-9237 TYPE OF LOSS: COMPREHENSIVE DAY: (999)999-9999 POINT OF IMPACT: 16 . NON-COLLISION INSPECT ROBERT LUCAS DAY: (408)210-0285 LOCATION: 5150 EDGEVIEW DR. NON-DRIVE-IN BYRON, CA 94514-0000 REPAIR DAYS TO REPAIR FACILITY: LICENSE # 1997 CHEV K3500 4X4 CREW CAB 8-5.7L-FI 4D P/U RED INT: VIN: 1GCHK33R2VF035068 LIC: PROD DATE: ODOMETER: 109014 INTERMITTENT WIPERS DUAL MIRRORS CLEAR COAT PAINT POWER STEERING POWER BRAKES ANTI-LOCi(. BRAKES (4) ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT -------------------------------------------------------_------------------------ N i# FRONT BF GOODRICH TIRES 2 356.00 35X12.50R16.5 B30X N 2# REAR BF GOODRICH TIRES 2 356.00 35X12.50R16.5 B60X 3# REPL MOUNT, WHEEL BALANCE & STEM 4 56.00 4# BUG & TAR CLEAN UP 1 14.00 4.0 ------------------------------------------------------------------------------- SUBTOTALS ==> 782.00 4.0 0.0 LINE 1 : TIRE IS A WEAR AND TEAR ITEM. APPLIED 70% BETTERMENT BASED ON 2/32ND AVE FRT TIRE DEPTH = 70% WEAR . 11 OR 12/32ND TIRE DEPTH IS CONSIDERED NEW. TIRES AVAILABLE AT TIRES.COM DELIVERY IS FREE. LINE 2 : TIRE IS A WEAR AND TEAR ITEM. APPLIED 60X BETTERMENT BASED ON 3/32ND AVE REAR TIRE DEPTH = 60% WEAR . 11 OR 12/32ND TIRE DEPTH IS CONSIDERED NEW. 1 06/02/2003 AT 10:51 AM 78678601798660000100002 72585 ESTIMATE OF RECORD 1997 CHEV K3500 4X4 CREW CAB 8-5.7L-FI 4D P/U RED INT; ------------------------------------------------------------------------------- ESTIMATE NOTES: INSPECTED VEH AT RES IN BYRON 5/30./03 POUND ALL 4 TIRES TO HAVE TAR STUCK ON TIRES. INLCUDING TAR SPLASH ON SOME OF THE AREA ON WHEELOP£NING AND BED SIDE. MAILED COPY OF EST TO INSD. 5/30/03 ADJ CCH TO ISSUE PAYMENT TO INSD LESS DEDUCTIBLE. TIRE WAS PRORATED BASED ON TREAD DEPTH OF FRONT AND REAR TIRES. BETTERMENT PORTION IS OWNERS RESPONSIBILITY. PARTS 782.00 BODY LABOR 4.0 HRS 2$ 62.00/HR 248.00 ---------------------------------------------------- SUBTOTAL S 1030.00 SALES TAX S 782.00 2 8.25007.. 64.52 ---------------------------------------------------- TOTAL COST OF REPAIRS 1094.52 ADJUSTMENTS. DEDUCTIBLE 0.00 FRONT BF GOODRICH TIRES 3 B30% 115.61 REAR BF GOODRICH TIRES 3 B60X 231.22 r. ---------------------------------------------------- TOTAL ADJUSTMENTS $ 346.83 NET COST OF REPAIRS $ 747.69 THIS IS NOT AN AUTHORIZATION TO REPAIR. NOTHING IS TO BE CHARGED TO ANY OF THE KEMPER INSURANCE COMPANIES. NO SUPPLEMENTS WILL BE HONORED WITHOUT ANY PRIOR APROVAL FROM THE INSPECTING APPRAISER. ANY QUESTIONS ABOUT THIS APPRAISAL, PLEASE CALL ALBERT PUJOL AT 925-260-6676. THE UNDERSIGNED REPAIR FACILITY AGREES TO COMPLETE THIS JOB IN THE DAYS ALOTTED ON THE DAYS TO REPAIR LISTED ON THE FRONT OF THE ESTIMATE. X 2 06102/2003 AT 10:51 AM 78678601799660000100002 7'7585 ESTIMATE OF RECORD 1997 CHEV K3500 4X4 CREW CAB 8-5.7L--FI 4D P/U RED INT THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES= B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F:tFRA,ME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLVD=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RELY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART RECOND=RECONDITION REFN=REFINISH' REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/_=WITH/_ SYMBOLS4 #=MANUAL LINE ENTRY *=OTHER [IE. .MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. ESTIMATE BASED ON MOTOR CRASH ESTIMATING GUIDE. UNLESS OTHERWISE NOTED ALL ITEMS ARE DERIVED FROM THE GUIDE DRlGH95 DATABASE DATE 5/2003 AND THE PARTS SELECTED ARE OEM-PARTS MANUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT MANUFACTURER. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AND/OR LABOR INFORMATION PROVIDED BY MOTOR MAY HAVE BEEN MODIFIED OR MAY HAVE COME FROM AN ALTERNATE DATA SOURCE. NON-ORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET PARTS ARE DESCRIBED AS AM OR QUAL REPL PARTS. USED PARTS ARE DESCRIBED AS LKQ, QUAL RELY PARTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECON. RECORED PARTS ARE DESCRIBED AS RECORE. NAGS PART NUMBERS AND PRICES ARE PROVIDED FROM NATIONAL AUTO GLASS SPECIFICATIONS, INC. POUND SIGN (#) ITEMS INDICATE MANUAL ENTRIES. PATHWAYS - A PRODUCT OF CCC INFORMATION SERVICES INC. 3 06/02/2003 AT 10:51 AM 78678601798660000100002 7 '585 ESTIMATE OF RECORD 1997 CHEV K3500 4X4 CRE14 CAB 8-5.7L-FI 4D P/U RED INT: ALTERNATE PARTS USAGE AFTERMARKET PARTS AFTERMARKET SELECTION METHOD: AUTOMATICALLY LIST NO. OF TIMES USER WAS NOTIFIED THAT AN AFTERMARKET PART WAS AVAILABLE: 0 NO. OF AFTERMARKET PARTS THAT APPEAR IN THE FINAL ESTIMATE: 0 4 CCC Pathways image Library Page 1 of I b S.A W r �.11eS 1 � � f t u} it 3 l VN19MR - _...a y n. .�t.,...•.�.w...,,...,w...,.. ..,......... ,. . «,wry ' 'FS �Yf T`LYS:{i � yi=iF , -'f.� Y Claim Number:7867860179866000O100002 7ersion:Xstimate Policy Number:CV 822908 Insured:LISAN LUCAS Toss ❑ate:May 22 2003 Estimator;ALBERT PU.7OL Insurance Co.:XE WEE AUTO AND HOME V1N:IGCHK33R2Vr035068 Make:GHRV GROUP Model:K3500 Year:1997 https://www.eceimagelibrary.com/egi-bin/CCC-pp/Main/pd-printfullImage.html?j peg=06-0... 6/3/2003 CCC Pathways Image Library Page 1 of 1 W 4,,+{ yA4 c..'' f�. } 'c•,�y�,'�a.{4 t a .c r 4,,.sty ',.�.> �r t ''cr'cY'c'}&�s�r+.v#t } ...�... c�✓n'4�� a� r` s ccV, a .% \ n ea+ � fr� �Y u M Claim Nurber:78678601798660000100002 Version:zstimAte Policy Number:CV 922908 Insured:LI3AW LUCAS loss Date:MAy 22 2003 Estimator:ALMAT PUJOL Insurance Co.: ER AUTO AND HOME VIN:1OCHK33R2VF035068 Make:C88V SUP Model:2t.3500 Year:1"7 https://www.eceimagelibrary.com/egi-bin/CCC-pp/Main/pd-printfulllmage.html?jpeg=06-0... 6/3/2003 CCC Pathways Image Library Page 1 of 1 ty ;3 III vi - y de R k SS�,} •. F C i w8Li6:v., a r r.r r � v f � •: t Wx- 3" � . 4 �•^v 3y};ice �f"c=�S+),.�,+ `•t .4alc r {` l �aV j K i Lwt Claim Number:70578601798660000100002 Version:Eetimate Policy Number:Cv 922908 Insu.red:LISAW LUCAS Loss Date:Map 22 2003 Estimator:ALSERT PUJOL insurance Co.:FMQZR AUTO AHD HOME V1N:IGCHK33R2Vr035068 Make:CHEV GROUP Model:K35OO Year:1997 https://www.eceimagelibrary.com/egi-bin/CCC-pp/Main/pd-printfulllmage.html?jpeg=06-0... 6/3/2003 CCC Pathways Image Library Page 1 of 1 f z vfv' ti. fa, f{ µ YF�• of?� .`.. f f F, .... r u- � }a f Claim Number:7867860179866000010000 V®rsion:28timata Policy Number:CV 922908 Insured:LISAW LUCAS Loss Date:May 22 2003 Eatimator:ALBSRT PUJOL Insurance Co.:1ZMZR AUTO AND HOMS VIN:1GCH 33R2VF035068 Make:CHE•V' GROW Model:X3500 Year:1997 httxticJlunznzr rrrimatsrsliSsrar'u�ntn/resi_I^yin/I''('C'_r�rt/l�llain/»�_nris�#�tr�ITmaaa �#m�'�i»Pcr--SFr_(} h/�/'7('!t1"2 CCC Pathways Image Library Page 1 of 1 h pp _ �ti• �h�k .p .���Fk����.' �a,•r37 '� Ids I } f=t wl W fir`.• : { �: y F: F/.:..:9_fl'. , . x �• err f ra {� Claim Number:7867860179866000010O00 Version:Zatimate Policy Number:Cv 922908 Insured:LZSAW LUCAS Loss Date-May 22 2003 Estimator:ALBERT PUJOL. Insurance Co.:XXMPLR AUTO AND HOME VIN:1GCHK33R2VF035068 Make:CHEV GROUP Model:X35O0 Year:1997 https://www.cecimagelibrary.com/cgi-bin/CCC-pp/ivlain/pd-printftzlli age.html?jpeg=0b-0... 6/3/2003 CCC Pathways Image Library Page 1 of l r 4 s sY� x syY• y Ciaim Number:78678801798660000100002 Version:Estimate Policy Number:CV 522908 Insured:LISAW LUCAS Loss Cate:May 22 2003 Estimator:ALBERT PUJOL Insurance Co.:rXWZR AUT© AND HONE VIN:1GCHr,33R2VF035068 Make:CEEV GROUP Model:153500 Year:1997 https://www.cccimagelibrary.com/egi-bin/CCC-pp/Main/pd-printfulllmage.html?j peg=06-0... 6/3/2003 CCC Pathways Image Library Page 1 of 1 y X : Claim Number:786786O179866OOOO1OOOO2 Version:Eatimute Policy Number:CV 922908 Insured:LISAW LUCAS Foss Date:May 22 2003 Estimator:ALBERT FUJOL insurance Ce.:XZMPER AUTO AND HOME VIN:IGCHK33R2VEO35O68 Make:CHZV GROUP Model:R35OO Year:1997 httn-,-//www,ecei m ageli hrarv-com/cgi-loin/CCC-nn/Main/nd-nrintfui t tmage.htm l?i neg=06-0... 6/3/2003 CCC Pathways Image Library Wage 1 of 1 g ern a F`L'+sf t •rnv.- f sy,,c„ <r ? 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AMOUNT: $3,229.70 CLAIMANT: FAYE LIOW ATTORNEY: UNKNOWN DATE RECEIVED: AUGUST 05, 2403 ADDRESS: 3048 BELFAST WAY BY DELIVERY TO CLERK ON: AUGUST 05, 2003 RICHMOND, CA 94806 BY MAIL POSTMARKED: HAND DELIVERED BY RISK MAN FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET k Dated: AUGUST 05, 2003 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: TA L Dated: $',' By: ( Deputy County Counse: III. FROM: rk ofthe Board TO: County Counsel (1) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV./BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claire is rejected in full. { } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 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 depositec in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. ' For Additional Warning See Reverse Side of This Notice, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF Ct N-M COSTA CMM INSTRUCTIONS TO C,L AI l�SW A. Claims relating to causes of action for death or for injury to person or to per- sonal 'property or growing crops and which accrue can or before December 31, 1987, must be presented not later than the 100th day after the accrual-,.of 'the c4use,o .�: action. Claims relating to causes of action for.death or for ire jury' to per*s'bn'` 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't Ar 1. of°tre°# •*f actiopA . B. .Clai.ms must be filed with the Clerk of the Board of{Supervisors at its cuff ice in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. if claim is against a district governed%by the '�o of Supervisors, rather than the County,_ the rare of the Jistr ict- h; be_fi.:a ed 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. RS: Clain By } Reserved for Clerk's filing stamp } RE EIVED Against the County of Contra costa } �.. � or ) AUG 0 5. 2003 , Fill in District?C ? u C� UPE.R,VISORS € The undersigned claimant hereby makes cjai inst the County of Cont C,_-V or the above-named District in the sum of $ and in suppon of ` this claim represents as follows: 1. When did the damage or injury occur"? (Give exact date and hour) ....__...._..�......._.. 2. Where did tieo ,� e r injury occur? (Include city and county) vx 3. How did the damage or injury occur? (Give full details; use extra paper if required) fur W45 Ace rb' *fir e 7 -7V-t . lie .� 4. What' particular act or omission on the part of county or district officers, servants c--c4" caused. the injury or damage? tl, ✓ �h i✓ ,...°,,..,4 " 4 .t ZI.'r' wnat are the names of county or district officers, servants or employees causing the damage or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7 How was the amount claim above computed? (Include the estimated amount of any prospective injury or damage.) 3. Names and addresses of witnesses, doctors and hospitals. FArAysey !�.ltixl tg147 It"&1, 9 9. List the expenditures you made on account of this accident or injury: DAM ITEM AMOUNT G 7103 �G ► f cGy * * * .+ + Gov. Code Sec. 910:2 provides: "The claim must be signed,.br tYe claimant SEND NOTICES TO: (Attorney) or by some n on his. bc: ,lT-.. Name and Address of Attorney t Claimant's Signature address e7 J Telephone No. Telephone No�'�I�`� �6 e7 61 7 NOTICE Section 72 of the Penal Code provides: 4 "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 fail-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 ($10113001 or by both such imprisonment and fine. - - ......................... ........................................................................................................................................................................................................................................................................................................................... __ CLAIM � 0BOARD OF SUPERVISO F CONTRA COSTA COUNTY - BOARD ACTION: SEPT. 09,2003 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 Cedes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 9IS ,.Please note all "Warnings". AMOUNT: $20,000.00 EXCEEDING CLAIMANT: HEATHER HAMILTON ATTORNEY: JACK BLOXHAM DATE RECEIVED: _ - AUGUST 07, 2003 ADDRESS: LAW OFFICES OF .TACK BLOXHAM BY DELIVERY TO CLERK.ON: AUGUST 07, 2003 319 LENNON LANE, WALNUT CREEK, CA 94598 BY MAIL POSTMARKED: AUGUST 06. 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN S WE , Jerk Dated: AUGUST 07, 2003 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors- '. This claim complies substantially with.Sections 910 and 914.2. ( } 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 fled. 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: 7T7 e # By: =` Deputy County Counsel III, FROM: C'1 rk of the Board TO: County Counsel(1) County Administrator(2) ( } Claim was returned as untimely with notice to claimant (Section 911.3). IV.,,BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claire is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated' P JOHN SWEETEN, CLERK, By > Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six. (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now,and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK By Deputy Clerk LAW OFFICES OF ,SACK BLOXHAM 319 LENNON LANE, WALNUT CREEK, CA 94598 i TEL: (925) 279-1388 FAX: (925)279-1380 August 6, 2003 PRESENTATION OF CLAIM AGAINST LOCAL PUBLIC ENTITY (Government Code §900, et seq.) Clerk, Contra Costa County Board of Supervisors Room 106 --....CEI County Administration Building 651 Pine Street Qj Martinez, CA 94553 Sent via certified marl, return receipt requested Re: My Client Heather Hamilton Your Employee Matt Harris Date of Accident February 7, 2003 Gentlepersons: I represent Heather Hamilton, who was injured in a rear-end accident with one of your employees on September 17, 2001. This letter is to present my client's claim pursuant to the requirements of Government Code §900 et seq. My client requests that you direct all communications regarding this accident to my office. All previous authorizations,releases of information, or settlement offers are hereby revoked. Enclosed please find a copy of my client's Designation of Attorney,pursuant to California Code of Regulations §2695.2. I will also be submitting a fully documented demand for compensation in the very near future, which will include documents showing all my client's bills and expenses. Please acknowledge in writing your receipt of this claim. The information required by law is as follows: 1, Claimant's name and address: Heather Hamilton, 1445 Beech Street, Martinez, CA 94553 2. Send notices to: Jack Bloxham, Esq., Law Offices of Jack Bloxham, 319 Lennon Lane, Walnut Creek, CA 94598, Telephone (925) 279-1388. 3. Date,place and other circumstances of the accident: The accident occurred on 2- 7-03 on southbound Morello Avenue near the Hwy 4 overpass. A copy of the police report is enclosed, which shows that your employee, Matt Harris was inattentive to the stoplight and traffice in front of him, and collided with the rear Tax ID 68-0117429 Contra Costa County Board of Supervisors Presentation of Claim Against County August 6, 2003 Page Two of Ms. Hamilton's car. The impact was major, causing over$11,000.00 damage to Ms. Hamilton's car. 4. General Description of Injury: Concussion, Head,neck, shoulder and back pain. 5. Name of public employee causing accident: Matt Harris 6. Amount claimed: Medical bills, copies of which are enclosed, (Kaiser $6,636.30, William K. Haley, DC= 1020.00),past,present, and future pain and suffering, and income loss in an amount exceeding$20,000.00. Based on information currently available to claimant and his attorney, claimant asserts jurisdiction as a limited civil case. Thank you for your attention to this matter. Very truly yours, LATOFFICES OF J CK BLOXHAM JA Cr k I OXHAM Att6 y at Law l [.4B/kb Encl. TWPIC COLLISION PORT CfiP SW CARS Pao, (ftv 11 )cry aaa _ pw # a s Bmo&CONO!"ONS Cm AMC"Ow"MT Lom 0013",)AAAMOwmY ; tCOURTM PA"T CY VBIiIC18 0 MARTINEZ MT.WSW SUP).MOR 1a4aaruaurH =uwY REPOTQ OTCT ®AT L1 - 5( CONTRA 901 COLLISION OI;C ARIFO ON: MO DAY 04M NCIC 0 OFFm I.d: MORELLO AVE.SIB 02/07/2003 1543 9320 013800 MILEPOST tWORMATION: DAY OF WEEK TOW AWAY PHOTDORAPHS BY: I NONE FRIDAY YES X NO t OAT INTERSECTION WITH: STATE HWY REL 35 FEET SOUTH OF S.R.4(OVER-CItt7SSING) YEs fil No ARTY .RSI 1RMIBER STATE .CLASS SAFETY VEH.YEAR MAKE/MODELICOLOR LICENSE NUMBER STATE EWIP. 1 A2013410 CA C G 2001. CHEV CAVALIER SIL 4SNP675 CA ORIYER 4LAME(FIRST,MOM,LAST) X; HEATHER ANN HAMILTON OWNERS NAME { 1 sAMP AS DRIVER STRIJET ADDRESS Lx 1 . 1445 BEECH ST. OWNER'S ADDRESS Ex,BAMS AS DRIVER PARKM CFTYISTATEIEIP u" MARTINEZ CA 94553 DISPOSITION OF VEIECLE ON ORDERS OF: OFFICER DRIVER 7 OTHER SEX HAIR EYIES tE:tGHT WEN3Nr I1'tDAT'E RACE DRIVEN AWAY tda tfry Year F $LN LU 5-08 148 03/1&1970 W PRIORMECH.DEFECTS X NONE APP. RSF€RTONAARATIVE OTHER HOME PHONE BUSINESS PHONE VEHIIC.B IOENT7FECATid4 NLMiBER {925}229-4090 CHP UBE ONLY DESCRIBE VEHICLE mutkoE SHADE IN OAMAGEO AREA »'CARRR" POLICY NSR VEHICLE TYPE UNK NONE IMINOR Y[st STATE FARM G69 3402 E30 05D 01 X Moo `MAJOR ! ROLL-OVER LON Of TRAVELI ON STREET OR HIGHWAY SPEEDLIMIT CA DOT S MORELLO AVE. 35 CAL-T TCP)PSD uclw QTY DRIVER'S LICENSE NUMBER STATE GLASS SAFETY VEH.YEAR MAKE/MODEL/COLOR LICENSE NUMBER $TATE 2 04241316 CA C G 2000 FORD CROWN V1 WHT 1050146 CA OR"" "AME ST:MwLE-LAST# ON DUTY EMERGENCY VEHICLE i j MATT HARRIS OWNER'S NAME SAME AS DRIVER RAN STREET ananEss TIAN CONTRA COSTA COUNTY R 1980 MUM ROAD OWNERS ADDRESS Q SAAM AS DRIVER PARK$O Cavi STATE r rP - vr; 2457 WATERBIRD WAY MARTINEZ CA 94553 ElMARTINEZ CA 94553 DISPOSITION OF VEHICLE ON ORDERS OF: FbFFIGER [i]DRIVER OTHER OUSY,-I, IIEx rIR EYES HEIGHT WEIGHT BtRTHiDATE AOI Day Year RACE DRIVEN AWAY v ; M L,N BLU 15-10 195 03/M1968 W PRIORMECHAMCALDEFECTS X NONE APP. REFER TO NARRATIVE OTHER HOME PHONE - BUSINESS PHONE VEHICLE IDENTIFICATION Numwx (925)646-2441 CHP usE ONLY OEBGf w VEHICLE DAMAGE SHMDE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE WK NOHE i MINOR Dp Yrty SELF-INSURED CO CO COUNTY 48 �XMOO ROLL-OVER 1Im OF TAAVEL ON STREET OR H*I1WAY SPEED LIMIT CA DOT S MORELLO AVE. 35 CAt T TCPIPSO MCAw PARTY ORMNS LICENSE NUMBERSTATERIVCLASS r ETY VEH.YEAR MAKE I MODEL/COLOR LICENSE NUMBER STATE ERNAME{FIRST,MEDDLE,LAST] ..... ..................... -_.._.... __.. i OWNER'S NAME f f SAME AS DRIVER RANSTRE€T ADDRESS s OWNER'S ADDRESS SAME AS DRIVERPAR�l� CITY I STATE 1 ZIP DISPOSITION OF VEHICLE ON ORDERS OF: 7 FICERDRIVER ! �THiER Alley. SEX HAIR EYES .HEIGHT WEIGHT BIRTHDATERACE .. MO DAY Year PRIOR MECHANCIAL DEFECTS NONE APP. .....REFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE tN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER VEHICLE TYPE �t•fNK r NONE .MINOR ,_� f -11uob j--�'MAJoa I'-'ROLL-OVER OVER TRAVEL 1111 STREET OR Hi1GHWAY SPEED LIMIT CA DOT ' CAL-T TCPiPSC MCA" PREPARER'S NAME pt9PATCH NOTiFIEo REVIEWER'S NAME DATE REVIEWED E,DALE 013800 ( YES "'Imo X NIA lit � .'`RA IC COLLISION CODING .�-. t:,Iip 5 CiAf3$fit &W l Pt f34 j t ps"2 of 0A OF KX7f.2.1om tb1O;DAY YB'AR1.... R+II»f fVO1G It dFFK;ER t.Cl. MSR 0210112003 1543 9320 0138m _7 OWNER OMYNlR A00RP8dt PRM ItV ISS 0 N DAbMAGE 063cRfATIt7N Of oAmmm SEATING POSMON SAFETY EQUIPMENT EACTED FROM WHICLE OCCUPANTS MIC BICYCLE-HELMET —-- L-AR BAIL DEPLOYED - 0-NOT EJECTED A-NONE IN VEHICLE M-AIR BAG NOT DEPLOYED 1-FULLY EJECTED S-UNKNOWN N OTHER DRIVER 2-PARTIALLY EJECTED C-LAP BELT USED P-NOT REQUIRED V-NO 3-UNKNOWN 1 2 3 1-DRIVER D•LAP BELT NOT US€O W.YES 2 TO 6-PASS€NEER£ E-SHOULDER HARNESS USED CHILD RESTRAINT 7-STA.WON REAR F-SHOULDER HARNESS NOT USED tom#-M MUR USE PASSENGER 8-RR OCC TRK.OR VAN O.LAP19E OULDER HARNESS USED R-IN VEHICLE NOT USED X-NO 9-POSITION UNKNOWN H-LAPISHOULDER HARNESS NOT USED S-IN VEHICLE USE UNKNOWN Y-YES 0.OTHER J-PASSIVE RESTRAINT USED T-IN VEHICLE IMPROPER USE K-PASSIVE RESTRMNT NOT USED U-NONE IN VEHICLE MW WARNED BELOW FOLLOWED BY AN ASTERISK SHOULD BE EXPLAINED IN T14E NARRATIVE. PR AdARY COLLISION FACTOR TRAFFICCONTROL OCYA It 1 213 TYPE c1F VEHICLE 112 3 MCVEf TENTCtaLLiblOt!P%r* LIST MA! IT OF PARTY AT FAULT A vice :xaxvx t cxzz 8 X A CONTROLS MtCTTOI*G A P R CAR f STATION WAGO X A §Mpow 22350 V.G 13 CONTROLS T ING' B PASSENGER CAR w I TRAELPR TRAK3HT $ OTHER IMPROPER Ow"G• C C E! c MN RcsAD fS NO CONTROLS PRESENT I FACT OW D PICKUP OR PANEL TRUCK 10 MAKINCG RK*rr TURN . C OTTIER TfUW t7RlYtrf2' TYPE OF COL E PICKUP 1 PANeL TRUCK Wt TRAILER I E MM4 LEFT I3 UNKNOW N- A HEAD'ON F TRUCK OR TR K TR/1CTOR F MAKS U TURN FELL ASLEEP` R Sm SWIPE G TRUCK 1 TRUCK TRACTOR WI TRLR GBAtNNG X C REAR END H SCHOOL BUS N SLOWING I STOPPM lWEATf�N fMARK I TO 2 ITEMS) D BROADSIDE I OTHER HUS I PASSlN+ OTHER VEH E X I A CLEAR E HIT OBJECT J €MERGENCY VEHICLE J CHANGING LANO, a CLOUDY F OVERTURNED K HIGHWAY CONST.EQUIPMENT K PARKING MANEUVER RAPIENLI O VEHICLE 1 P€OESTRIAN L BECYCL€ L ENTERING TRAFFIC D wfNC3 H OTHER`. I I M OTHER VEHICLE M OTHER E Tt1RNING E FOG f vistf#LITY FT, I I N PEDESTRIAN N XING INTO OPPO ING LANE F OTHER:. MOTOR VEHICLE INVOLVED WITH 1 0 MOPE 1 10 PARKED G WIND A NON-COLLISION P MERGING LIGHTING B PEDESTRIAN 1 Q TRAVELING WRONG WAY X A OAYL*HT X C OTHER MOTOR VEHICLE 1 2 OTHER ASSOCIATED FACTORS R OTHER`_ B DU DAWN D MOTOR VEHICLE ON OTHER ROADWAY MARK t TO 2 ITEMS C DARK-STREET"LIGHTS E PARKED MOTOR VEHICLE A vcsffc'mv'o'ATft — �S D 6ARfC•NO STREET L*HTS F TRAINNO E DARK•STREET LIGHTS NOT G BICYCLE B �sEcr+artvwut� c fYEB FUNCTIONING' N ANIMAL ROADWAYSURFACE C r,s 1 2 3 EIDBRIHY DRUG YC ascrawVl4Urru air X A DRY I FIXED OBJECT: No (MARK 1 TO 2 ITEMS) $ wET D X X I A HAD NOT s O wt4 C WY-&Y J OTHER OBJECT: E VISION OBSCU B HBO• INFLUENCE SLIPPERY JWDOY,OIL) ETC-1 X F INATTENTION': UPT C HBO•NOT UNDER INFLUEN ROADWAY t:OH1ENITEtN{S} G STOP Iti GO tRAFFiC D }Ig#J. W !TO 2 ITEMS) PEDESTftU1N S ACTlON:4 N FNTERiN41 LEAYMIG RAMP EL�'fDER ORtt6 INF# A HOLes.DEEP RUT' X A NO MoFsTRW4SqNgkVW I PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL" B LOOSE MATE=RIAL ON ROADWAY- 8 J UNFA%l_AR WITH ROAD G IMPAIRMENT NOT KNOWN C TR ON ON ROADWAY* CROSSING SCTt ION K DEFECTIVE VEH,ECtfJIp„ CtTfR? H NOT APPLICABLE D CONSTRUCTION-afflAIR ZONE C CROSSING IN CROSSWALK-NOT Yes i SLEEPY I FATIGUED REDUCED D ROADWAY WIDTH ATL N NO SPECIAL.INFORMATION IF F=LOODED' ID CROSSING-NOT IN O ALK L UNINVOLVED VEHICLE A HAZARDOUS M6TERIAL G OTHER': E.IN ROAD-INCLUDES SH ULDER m OTHER': 8 CELL PHONE IN USE X I H NO UNUSUAL CONDMONS F NOT MI ROAD X N NONE APPAR NT C CELL PHONE NOT IN USE G APPROACHING f LEAVING SCHOOL HUS O RUNAWAY VEHICLE X X D CELL PHONE NONIYUNKNOW KETCH FOR SKETCH DIAGRAM,SEE WAGE 3 0 MISCELLANEOUS DOT CR CRNR I9C Czip ,_.CSA. PD/SO STATE OF CALIFORNIA � SKETCH DIAGRAMAll 1DATE OF INCIDENT TIME NC#C NUMBER OFFICER 1.0. 02107/2003 1,"43 9320 1013800 { ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED(WALE= MORELLO AVO. SOUTHBOUND 12 ft.4--12 ft. 12 ft. 12 ft. S-2 S-1 T- T-1 ASPHALT ROADW I l l l l e S.R. 4 Over-crossinay i � i Double Yellow V-2 Line i i Ii 1 ' i I i i i V-1 i I i I Sidewalk i Bike Lane Solid White tine Solid White Line SKETCH (Not To Scale) PREPARED By I.C.NUMBER DATE REVIEWER'S NAME DATE 02/07/24(}3 E. DALE 1013800 STATE OF CALIFORNIA e DATE of INCIDENTt E NCI OFFICER I.D. NUMSM 02/47/2003 1543 9320 013800 1 EA TS: 2 3 NUTIPICATION. 1 was dispatched to a call of a non-injury collision at 1557 hours. l 4 responded from Pine St. and S.R. 4 and arrived on scene at 1604 hours. All times, speeds 5 and measurements in this investigation are approximate. Measurements were taken by 6 pacing. 7 8 STATE�IVIENTS. 9 10 PARTY# 1 (HAMILTON) related that she came off the freeway from V1//B S.R. 4 and made 11 the left turn onto Morello. P-1 saw the light changing from green to yellow as she 12 approached the intersection under the freeway. P-1 slowed and stopped in the#1 straight 13 lane. The next thing 1 know I was hit. 14 15 PARTY#2 (HARRIS) related that he was behind V-1 as he got off the freeway and was 16 going 15 to 20 M.P.H. P-2 was looking to the left.at a suspicious person walking on the 17 sidewalk on lois left. P-2 heard a chirp from VA's tires as she came to a step. P-2 looked 18 forward and saw V-1 stopped on a yellow light. P-2 tried to avoid her by going to the right, 19 but he hit V-1. 20 21 OPINIONS AND CONCLUSIONS: 22 23 SUMMARY: P-1 was traveling SIB on Morello Ave. at 15 M.P.H. in the#1 straight lane. 24 P-2 was behind V-1 in the #1 lane at 15 M.P.H. P-2 looked to his left at a person walking 25 on the sidewalk located along the east side of the roadway. P-1 slowed and stopped for 26 the traffic light as it changed from green to red at the intersection of S/B Morello Ave. at the 27 E/B S.R. 4 off-ramp. Die to P-2's inattention to the roadway and his unsafe speed for the 28 roadway conditions, P-2 failed to recognize that P-1 was stopped in a timely manner. P-2 29 looked forward, and attempted to avoid V-1 by steering to the right, but the left front PREPARED BY [F)'NUMBER DATE REVIEWERS NAME #3A1 E E. DALE 013800 D2/07/2003 ST'A'TE OF CALIFORNIA AG DATE OF INCIDENT TIME NFIC�ttfM�t��t MFICER I.D. N YWBIER 02107/2003 1543 9320 013M •9 1 bumper of V-2 collided with the left rear bumper of V-1. After the collision bath pages 2 pulled into the Chevron parking lot located on the south east comer of Morello Ave. and 3 Muir road. 4 5 Vehicle #1 had moderate damage to`the right rear bumper, right rear fender, exterior gas S cap assembly, and trunk. Vehicle#2 had moderate damage to the left front bumper, and 7 left front fender(crush damage). 8 9 AREA OF LWACT: The,Area of Impact(A01)was determined by the statements made by 10 both parties, and the physical evidence (broken plastic debris field)located at the scene. 11 The A01 was located 35 feet-%Kof the tgroad edge of the S.R. 4 aver-crossing, and 12 22 feet vast of the west curb edge of S/B Morello Ave. 13 14 CAUSE: Party#2 (Harris)was the cause of this collision and in violation of Section 22350 15 V.C. Unsafe Speed for the Roadway Conditions. Section 22350 V.G. states in part that no 6 person shall drive a vehicle upon a highway at a speed greater than is reasonable or 7 prudent having due regard for the traffic conditions, and in no event at a speed which 8 endangers the safety of persons or property. P-2 was in violation of this section by 3 traveling at a speed that did not allow him to perceive and react.to the stopped traffic ahead while he was looking to the left away from traffic. P-2's inattention to the roadway (I.E. looking to the left)also contributed to the cause of this collision. The cause of this collision is based on the statements made by berth parties, and the damage to both vehicles. PREPARE6 BY Ha NUMEIR OATE REVIEWEKS NAME t3ATE E. GALE W3800 0 02/07/2003 HEALTHCARE RECOVERIES a- � FEDERAL TAX ID: ,�141758 P.O. Box 37440 TELEPHONE NUMBER: (800)685-9737 Louisville, Kentucky 40233-7440 PAGE 1 OF 1 CONSOLIDATED STATEMENT OF BENEFITS PATIENT'S NAME: HEATHER HAMILTON HEALTH PLOD: Kaiser Permanente Northern CA Division DATE OF INJURY: 217/2003 SERVICE PERIOD: 2t7/2003-211312003 Sub act to change. FILE NUMBER: T1-114655570 i Ptrnride�r of Service Qltosls Code Cleft»Nttt»t�er Hale of SerV5 Ptvt;;Codef s) B111ed Am#. Provided Benefits ttWSER NOMERN CAL 847.0 dstr otter R-B 71 2OW2003 70450 CAT HEAD-W10 C $300.00 $300.00 2IW2003 72050 SPIN CERWCAL• $115.00 $11'5.00 219V2003 72100 RAD EXE SPINE $96.001 $95.00 219=3 73030 SHOULDER COMPLET $105.001, $105.00 21912003 99285 URGENCY VISIT $800.00 $803.00 847.0 ftgstr oft pfa R401133 ! 2!712033 12 OFFICE OUTPATIEN $125.00 $126.0D i 724.5 l3ttr the uns iii-88111134 2f1212= ; 99213 OFFICE OUTPATIEN $175.00 $175.00 2/1212003 J8499 X30.00 HYDROAACE $8.351 $8,9- 2f 13r2M .352f1312M 99212 OFFICE OI3TPAT?EN $125.00 $125.00 2PI3=03 J8499#30.00 CYCLOBENZ $8.101 $8.10 VIM= 48499#50.00 NAPROXEN $10.85 $10.85 KAISK PROVIDER 847.0 S otter pts R400TIMB MOW ; 250 2x PHARMACY $120.00 $120.00 202003 320 DX X-RAY $595.00 5.00 21912003 320 DX X-RAY $345.001 $345.00 21 "2003 320 DX X-RAY $345.00 $345.00 202003 351 CT SCANIHEAD $1590.00 $1690.00 21912003 450 EMERG ROOM $1€350.00 $1850.00 7J912E303 638 DRUGS/DETAIL CAME $55.00 $56.00 r O03 636 2x DRUGS/DE1rAIl.CO .00 8.00 al Billed Cly $6 836.30 Amount R !ved,, Pe d G 8313.311 Balance due 836.30 0ET/06/2003 12.30 9256665408 WILLIAM HALEY PAGE 01 Name WAILTQN, HEATHER TOTAL BALANCE $0.00 1i##tHit* - 1445 BEECH 5T BALANCE C41RRE3+lT '$0.00 t{ARTIIEZ a 945,53 30 BAYS $0.00 TYPE ACC tT M RA1r77! 60 DAYS $0.00 1011'$Pi - 515-M-4090 90 DAYS $0.00 swim PHDNE - 9w2lM&% 120 DAYS $0.00 DEPRMTS NK 008 SEX RELATION No DEPEMTS " 1lANCE ALAN WE CAMIER INS{i B . CLI -4884-312 STATE FAN HAMILTON, WATH R ALCM ACTIVITY DATE TRANS. TREAT. PATIENT DR CODE DESCRIPTION ONES RECEIPTS 07/14/03 07116/03 las. Payment 1 1 Professional Str '$0.00 $460.00 U4/03/03 04/03/03 Ins. Pay nt 1 1 Professienal Ser $0.00 $560.00 04/02/03 04102/03 fiE,4 ER i 9994131 ADJUSTMENT t3-4 R $50.00 40.00 03124103 14:3/74/03 HEATHER 1 90941A AMMTWW(3-4 k 1 0.00 $0.00 03121103 03/21103 HEATHER 1 9894IA ADUSTNENT{3-4 R $50.00 $0.00 " 03119103 03/14/03 HEATHER 1 913941A Ail ZTMST33-4 R MOO $0.00 03113/03 03/13111;1 HkAf14`R 1 989414 ADJU$TtE1+1T(3-4 R $50.00 $0.00 03113103 03/13103 HEATHER 1 47010 HOT DR COLD PAM 320.00 $0.00' 03/13/03 03/13/03 HEATHER t 97140 Nt4NhA1. THEY t $20.00 $0.00 03113/03 03113103 HEATHER 1 97140 ?ANUAL THERAPY t $20.00 10.00 03132103 03/12/03 HEATHER 1 98941A AWUSTMENT{3-4 R $30.00 s0.00 03110/0 03/14103 HEATYO 1 9"41A AUJW f N NT(3-4 R $50.00 $0.00 03107103 03107/03 HEATHER 1 99941A 4DWTRENT{3-4 R $50.00 $0.00 03/05/03 03/05103 HEATHER 1 "WA AUIRTW141 f3-4 R $50.00 $0.00 02/20/03 02/26/03 HEATHER I M41A "STMENT13--4 R $50.00 $0.00 02126/03 02/24/03 HEADIER 1 98941A ADJ WMENT{3-4 R $50.00 $0.00 02124/03 02/24/03 14EA i 98941A ADJUSTMENTt3-4 R $50.00 $0.00 02121/03 02/.21/03 HEATHER 1 98941A AOJUSTNENT{3-4 R $50.00 $0.00 02120/03 02/20/03 HEATHER 1 97010 HOT Off COLD PACK $20.00 50.00 021[11/0:3117/20/03 i4ATNEtt 1 96941A ADJUSTMENT{3-4 R $50.00 $0.00 03120/03 02120/03 HEATHER 1 97140 HamL THERAPY { $20.00 $0.00 02/20/03 03/911/03 4tEATAM 1 47140 KANUAL TiNrWY t $20.00 *0.00 02/20103 02/19/03 HEATHER 1 99203 EVAL/tET - DETAI ir80.00 s0.00 02120/03 02/19/03 HEATHER 1 151 X-RAY FULL SPINE $120.00 $0.00 .......................I........................1r•s...:................................... TOTALS $10231.00 $1020.00 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY C. BOARD ACTION: SEPT. 09, 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: $175.00 " r CLAIMANT: SALLY BERNARD ATTORNEY: UNKNOWN DATE RECEIVED: AUGUST 07, 2003 ADDRESS: 4090 EAGLE NEST LANE BY DELIVERY TO CLERK.ON: AUGUST 07, 2003 DANVILLE, CA 9450 BY MAIL POSTMARKED: HAND DELIVERED BY RISK MANAGEMENT FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE E erk Dated: AUGUST 07, 2003 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Super6sors 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 Counse 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. OARD ORDER: By unanimous vote of the Supervisors present: (s 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: •24010 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 deposite( 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 ofpedury 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: , 14 JOHN SWEETEN, CLERK.By -- Deputy Clerk Clain to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY IN ' UCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or mowing crops and which accrue can 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. Cade §91-1.2.) B. Cla.i= must be filed with the Clerk of the mrd of Supervisors at its .of:ice in Room 146, 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 tbhe District should be filled. in. D. If the claim is against more than one public entity, separate claims rust be filed against each public entity. E. " Fraud. See penalty for fraudulent claims, Penal.. Cade Sec. 72 at the end of this form. RCE: Claim By ) Reserved for Clerk's filing stamp ) } Agairsst the Countyof Contra Costa } AUG 0 7200', or �,,:Qj; 0A PD District} Fill in name 5 The undersigned claimant hereby Vices claim against the County of Centra Costa or the above-named District in the sum of $ 1 3,e and in support of this claim represents as follows: t A. Wheaq did the dame or injury occur? (Give exact date and hour) 77 a 1 , 1C . c... ..L r � c 2. Where did the damage or injury occur? (Include city and county) Rei `' v 3. How did the damage or injury occur? (Give full details, use extr paper i�f required) � r 4. What] particular act or omission on the part of county or district officers, servants Or,employees caused: the.injury or dame? (over) 7, wnat are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. liow was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.} a 8. Names and l andaddresses of witnesses, doctors and hospitals. Xlotis' r 9. List the expenditures you made on account of this accident car i.njuryt -�_ LATE Z � AMMUNT �a 64 Gov. Code Sec. 9M2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorne } or some peZson on his.behalf." Dame and Address of Attorney Claimant's Signature ie 1 5 -A Address I)A 'Telephone Nn. Telephone No N 0 T I C E r . Section 72 of the Penal Code provides: {� { "Every person who, with intent to defraud, presents dor grow s �riOr board or for payment to any state board or officer, or to any county, }Y officer, authorized to allow or pay the samisi fishable eithernuines any �by imprisonse or met t tin claim, bill, account, voucher, or writing, the county jail for a period of not more than one Years by a fine of not exceeding in one thousand ($1,000), or a Of'btb Such exceeding tentte thout and sand dollars ($10,000s nei- or by imprisonment y the state prison, by a fin bath such imprisonment and fine. APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA BOARD ACTION Application to Pile Late Claim ) NOTICE TO APPLICANT SEPT. 09, 2003 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III,below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the"WARNING"below. Claimant: DEBRA FERNANDEZ Attorney: CHRISTOPHER A. VIADRO Address: LAW OFFICES OF WILLIAM L. VEEN 711 VAN NESS AVENUE, SUITE 220 Amount: SAN FRANCISCO, CA. 941.02 By delivery to Clerk on: AUGUST 07, 2403 Date Received: 3AUGUSTT07�2003 By mail,postmarked on:! HAND DELIVERED BY RISK MANAGEMENT I. FROM: Clerk of the Board of Supervisors TO: County Coi nsel Attached is a copy of the above noted Application to File Late Claim.. DATED: AUGUST 07, 2003JOHN SWEETEN, Clerk,By: DEPUTY II. FROM: County Counsel TO: Clerk of the*oard of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6) The Board should deny this Application to File Late Claim (Section 911.6). DATED: hono��I � 'O B.MARCHESI, County Counsel,B° : PUTY III. BOARD14RDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted(Section 911.6). ( This Application to File Late Claim is denied(Section 911.6). I certify that this a true and correct copy of the Board's Order entered in its minutes for this date. DATE: JOHN SWEETEN,Clerk,By: DEPUTY WARNING(Gov. Code§911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4(claims presentation requirement).See Government Code Section 946.6.Such petition must be filed with the court within six(6)months from the date your apRocation for leave to present a late claim was denied. 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. IV. FROM: Clerk of the Board TO: (1) County Counsel (2) County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29743. — DATED: . . 06 JOHN SWEETEN, Clerk,By: DEPUTY V. ROM: (1)County Counsel (2) County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and.Board Order. DATED: County Counsel,By: County Administrator,By: APPLICATION TO FILE LATE CLAIM +` LAW OFFICES OP WILLIAM L. VEEN A PROVESSIO14AL COMILATION William L.Veen Kevin Lancaster Eusts re de Saint Phalle Jaynes G.Butler Mikes B.Cooper Cynthia Bernet-McGumn Oliver E.Vallejo Rehe—Quinn Michele R Wolf Christopher A.Viadro May Alae Bendotofl June 25,2003 VLA FAQ C� 42) 7-166 Los Medanos Community Healthcare District 2311 Loveridge Road Pittsburg, CA 94565 NOTICE OF CLAIM AND APPLICATION FOR LEAVE TO FILE LATE CLAIM Dear Ms.Townley: In follow-up to our conversation this morning, think you for agreeing to accept this claim via facsimile. Again,please be advised that this office represents Debra Fernandez for injuries occurring on July 1,2002. At the time of the incident, Ms. Fernandez was a 49 year old registration clerk with Contra Costa County at the Pittsburg Health Centex -2311 Loveridge Road,Pittsburg, CA 94565. She was injured when she tripped while entering an elevator on the building's third floor. It is claimants understanding that Los Medanos Community Healthcare District owns the building. The elevator had mis-leveled such that the elevator was 34'higher than the third floor landing which caused her to fall white entering the elevator. Ms.Fernandez injured hes psyche, neck,back and has symptoms radiating into her upper and lower extremities as a result of the fall. Ms. Fernandez also worked as home health aide taking care of herr mother. Together with her registratioa clerk income,she was earning approximately almost$41,000 per year plus substantial union benefits. She is presently temporarily totally disabled,and she may be unable to return to her former occupations. White it is pmmature to quantify her damages at this point,it is estimated that her lost wages and benefits will be in excess of$900,000 less any future income over the remainder of her lifetime. It is estimated that she has sustained a loss of household services in excess of $300,000. Her past and future pain and suffering damages are estimated at$2 n2illion. Her past and future medical expenses are estimated at$200,000. A claire is, therefore,made for$3.4 million against Los Medanos Community Healthcare District. As Los Medanos Community Healthcare District was the owner of the building, claimant alleges that it was negligent in the maintenance of the elevator,that the elevator and therefore the premises vire«rre defective and that the District breached a non-delegable duty to have a safe elevator on the premises. 711 Van Ness Avenue,Suite 220 a San Francisco,CA 94102 a Tel: (415)673.4800 a Fax: (415)771.5845 Los Medanos Community Health District June 25,2003 Page 2 Two of her ca workers witnessed the incident. They are Carlos Ochoa and Rudy Sanchez ((925)775-6710). Ms. Fernandez met with this office for the fust time today. The claim is being filed at this time because Ms. Fernandez was under the impression that Los Medanos Community Healthcare District was a private entity and that she had one year to file a lawsuit Claimant's address is 2941 Estudillo Street,Martinez, CA 94553. However,any future notices should be sent to the undersigned at the office address listed above. Very truly yours, LAW OFFICES OF WILLIAM L.VEEN xa Christopher A. Viadro 107415_1,doc jUN e4- K UNE LLUHL UU LL M) t� 1L1 h'.04 - vbi2'1,l2003 10:05 FAX 415 7715845 VEEN LAW OFFICES QO02/010 SUMMONS (C1TAC1ttN JUDICIAL) MR cctAr V"ONLY NOTICE TO DEFENDANT. (Arlso ar Atusado) (SOLO►►"A use eh-LA cwrM KOH INC. , LOS MMI ANC)S COMMt3NITY HEALTHCARE DISTRICT, LCIS MEMOS HEALTH CARR CORPORATION and DOSS 1-50 l YCIU AttE 13EING SUED BY PLAINYIFF: (A Uct 14 estal dernanedana!do) DEBRA FERNANDEZ You have 30 CALENDAR DAYS alter this Dospuos de que to erntrogueNn + xta s1tasl6n Judkial usted svrnmons is carved an you to flit a typewritten Was un plaza de 30 DIAS CALENDAIt108 para pres&ntar rosponsa at this court. una roapust a escrtta a miquina an este co►Ys. Alatter or phone call will not protect you; your dila carts * urns Ramadatr33ef3Rts:a no It ofiecant typowrltten response (:fust be In proper legal form probwtidn; su respJegar oacrm a mcfqulrra I the que If you want the,court to hear you r case. cvmor cern las forrnaelldades legalos spropiadas sl usted 4"Iere quo to torts ascuchee su Casa. K you do not file your responas an time, you tf;tay Sl ustsd no presenta su respu"to a lin(((go,puede pord&r toss the case, and your wages, money and st catso, y to pueden quitter su Salado, au dlnero y otfrats property mey be taken without further warning cmasde su prophdad sin avlsa ardiriarrsl per pants do is from the court. Oor, Thar(we other legal requirements. YOU may want Earisten afros requisites legalvs. Put& quo usfad qulert to:`all an atterney right away. if you do not know llaa mar a an abopsdo lnm+oe fatremenft S/no comate a un in att may, you may call an attorney referral "4bo&do. puede tsamar a un strrvftlo da refaarensds do ssnrics or a legal aid olid( (listed In the phone abagades a a ern& ollclina dear ayvda legal(vias el dlractarte bock). taletsalrtiao. The name and address of the court is. (El nrsarrbm y afrarcoi4n der Ga aorta ear) , � aft �°rC c Contra Contra County Superior Court 725 Court Street P.O. Box 911 Maxtinez, CA 94553 The name,address,and telephone number of plainti#Ps attorney,or plain iif without an attorney, is: (El nonrbre,to dkeosdn y ad(tumor ds teldfono dol atbtgado del domandente,a del demandants quo no bene abogodo,as) Christopher A. Viadre, Seq. , SBN 160250 (41S) 673-4800 (415) 771-5845 Law Off icea of William L. Veen 711 Van Nest Avenue Suite 224 San Francisco, CA 94102 DA'M: JUN 2 7 2003 Clerk,by S. Deputy ffl!oy (6� r � l Nt3 TO THE PMON SERVER., You are served I.L_,,�rjj as an individual defendant 2.=as the person sued under the fictitious name of(specify)_ 3. onteeYaaifol(,VecM. Los Medanos Community Healthcare District under: =C M 416.10(corporation) ® CGP 416.60(minor) =CCP 418.20(defunct corporation) CCP 416.70(conservatee) 71 Cr-P 416.44(association or partn=Wp) CCP 416.90(individual) attfaNt: 4.M by gM gona on d e: �+t�+wwrrwu..�2 .(wrist(aww a at cmumm (See reverse tar Proof of Service) rolNryaa} j&%Wy�i.IM) SUMfli ONS t� CCP alzao VAWAwyoT1 W -s-7 -"-AIX-( 4 ra:ac 41c; 771 RR4ci PACE.02 JUN 27 2003 14:32 FR ONE LEGAL CC CO US 5 9252287720 TO 14157715845 P.03 � 1zuuu du:ub tAA 915 7715845 PEEN LAW OFFICES 40005/010 1 WILLIAM I-VFY-N,NO,€14315{} JA OS O.BUUM,JIL,NO. 135320 2 CHRISTOPHER A. ItO,NO. 160260 ! ' ; ° ) LAW OFFICES OF WILLIAM L.VEEN 3 A PROFESSIONAL CORPORATION � si'iti 71'1 Vast Ness Av=ue,Suitee 2.20 4 San Francisca,CaWowis 94102 Telephone: (415) 673-48MATrORNEYS PLAINTIFF s DEBRA FEItN� 2iANDEt11 �,yEl7 f,. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNIY OF CONTRA COSTA � FA.. 10 t DEBRA F'ERNANDEZ, CASE N � e � � � �� "' 12 PL�intif� CONWLA NT FOR.PERSONAL 13 v. INJURIES 14 K,ONE,INC.,LCIS tMDANOS CC)I'+WUNITY HEALTHCARE DIS'MCT,LOS MEDAN©S . Is HEALTH CARE CORPORA11ON and DOES Defendants. 17 18 PWntiffDebra Fc=andcz alleegts against all defendants as follorwa; 1� ENTRODUCTO"—ALLEGATIONS 20 1) On or about July 1,2002,plaintiff Debra Femandez was working as a te&tzation 21 d tk for Ccntm Costa County at the premises owned by Los Medanos Community Healthcare 22 Distrx. 4 loc2ted at 2311 Lovesi*Road,Pittsburg,when she was injured due to defendants'tortious 2� ns Imi conduct herein described. 24 � 2) Plaintiff is infottaeYd and beelaeve►s and t17ereon alleges thatq at all times herein 25 me ationeei,defe nd2nt Los Medanos Cott=unity Healthcare Distractwas a entity of unknown fouse 28 and was a resident of the state:of California by virtue of its office in Pittsburg,Cali bmia, and 27 + uctship of the property located at 2311 Loveridge:Road in Pittsburg. 28 wrrirrp;�sor VALUAM L.VEEN � k COWLAIN1'FOR WJURIM _l o TPI W48 TIN " '>Moll 1 pl'M`e 415 7715845 PAGE.05 1 3) Plaintiff is informed and believes and thereon alleges that, at all times herein 2 mentioned, defendant Los Medanos Health Care Corporation was a corporation duly organized and 3 existing under the laws of the State of California and was doing business in the State of California 4 and was an owner of the property located at 2311 Loveridge Road in Pittsburg. 5 4) Plaintiff is informed and believes and thereon alleges that, at all times herein 6 mentioned, defendant Done, Inc. was a Delaware corporation duly with its principal place of 7 business in Moline, Illinois, and was doing business in the State of California. 8 5) The true names and capacities,whether individual,corporate, associate or otherwise, 9 of defendants sued herein as Does 1 through 50,inclusive, are unknown to plaintiff who therefore 10 sue said defendants by such fictitious names. Plaintiff prays for leave to amend this complaint to 11 insert the tete names of said defendants when such information becomes available. 12 6) Plaintiff is informed and believes and thereon alleges that each of the fictitiously- 13 named defendants is responsible in some manner for the occurrences herein alleged and that 14 plaintiffs damages were legally and proximately caused by the fictitiously-named defendants' 15 conduct. 16 7) Plaintiff is informed and believes and thereon alleges that at all times herein 17 mentioned defendants, and each of them, were the agents and employees of each of the remaining 18 defendants and were at all times acting within the course and scope of said agency and employment, 19 and each defendant has ratified and approved the acts of his/her/its agent. 20 8) Plaintiff is informed and believes and thereon alleges that at all times herein 21 mentioned each of the defendants was the successor-in-interest to each of the remaining defendants, 22 and on that basis is liable for any act,or omission, of said defendant. 23 FIRST CAUSE OF ACTION 24 [Negligence—Kone, Inc. and Does 1-251 25 9) Plaintiff incorporates by reference paragraphs 1 through 8 as though fully set forth. 26 10) At all times herein mentioned defendants defendant hone, Inc. and Does I through 27 25 had contracted with Contra Costa County to service and maintain the elevators at the Pittsburg 28 Health Center located at 2311 Loveridge Road in Pittsburg, California. LAW OFFfCES Of ;LUAM L.VEEN OFESWOW VAh NW VE.fitaf*,20 COMPLAINT FOR PERSONAL INJURIES -2- 14 XPANCt=0-CA 94102 TEL.(416)673.4W 1 11) On or about July 1, 2002,Ms. Fernandez was a 49 year old registration clerk with 2 Contra Costa County at the Pittsburg Health Center. At that time and place,plaintiff attempted to 3 enter an elevator on the building's third floor. Plaintiff alleges that the elevator had mis-leveled such 4 than the elevator car was 3-4" higher than the third floor landing thereby causing her to trip and fall 5 when she attempted to enter the elevator. 6 12) Defendants had a duty to control, maintain, service,operate the elevators at the 7 aforementioned premises so they would be safe for users of the elevators to board and ride the 8 elevators. 9 13) At the aforementioned time and place defendants defendant Ione, Inc. and Does 1 10 through 25 breached their duties in that they negligently and carelessly controlled,maintained, 11 serviced, and/or operated the elevators by allowing the elevators to mis-level substantially. 12 Defendants knew or,in the exercise of reasonable care should have known that the aforementioned 13 condition posed an unreasonable risk of harm to plaintiff Debra Fernandez in that such condition 14 posed a serious tripping hazard to users of the elevators. 15 14) As a result of defendants' negligence, plaintiff Debra Fernandez was injured when he 16 inadvertently tripped and fell on the edge of the mis-leveled elevator car. More specifically,plaintiff 17 Debra Fernandez was hurt and injured in his health, strength, and activity, sustaining injury to her 18 nervous system and person, all of which injuries have caused,and continue to cause,her great 19 meatal, physical, and nervous pain and suffering. Plaintiff is informed and believes and thereon 20 alleges that such injuries will result in permanent disability to her. As a result of such injuries, 21 plaintiff has suffered general damages in an amount in excess of the minimum jurisdiction of this 22 court. 23 15) As a further legal result of defendants' negligence,plaintiff Debra Fernandez has 24 incurred, and will continue to incur, medical and related expenses for physicians, surgeons,hospital, 25 and other medical services and supplies. The full amount of these expenses is not known to plaintiff 25 at this time. Plaintiff prays leave to amend this complaint to state the amount when it becomes 27 known to her. 28 IG) As a farther legal result of defendants' negligence and carelessness, plaintiff Debra LAW OFFCES OF UJAM L.PEEN 9€66i1SNiA:COAVONA7tIX! CC. MPL-kINT FOR PI:RSON.0 INJURIES _3_ 1AN NES$AYE.9WTf 220 `:PRMC}SCC,CA 94147 TEL 14151673.1644 Fernandez, has suffered a loss of earnings and is informed and believes and thereon alleges that he 2 will continue to suffer such losses for an indefinite time in the future. Plaintiffs future earning g( 3 capacity has been greatly reduced, all to further special damages in amounts presently unknown. € 4 Plaintiff prays leave to amend this complaint to insert the true amounts when they are ascertained. a WHEREFORE, plaintiff pray for judgment against defendants and each of them as 6 hereinafter alleged. 7 SECOND CAUSE OF ACTION 8 [Premises Liability—,Defendant Los Medanos Community t 9 Health District,Los Medanos Health Care Corporation and Does 26-501 10 17) Plaintiff incorporates by reference paragraphs 1 through 16 as though fully set forth. 11 18) At all times herein mentioned defendants defendant Los Medanos Community 12 Healthcare District,Los Medanos .Health Care Corporation and Does 26 through 50 owned, 13 controlled,managed,leased and/or operated the facility located at 2311 Loveridge Road in Pittsburg, 14 California. 15 19) On or about July 1, 2002,Ms. Fernandez was a 49 year old registration clerk with 16 Contra Costa County at the Pittsburg Health Center. At that time and place,plaintiff attempted to 17 enter an elevator on the building's third flour. Plaintiff alleges that the elevator had mis-leveled such 18 that the elevator car was 3--4" higher than the third floor landing thereby causing her to trip and fall 19 when she attempted to enter the elevator. Said mis-leveling was a dangerous condition on the 20 premises 21 20) Defendants Los Medanos Community Healthcare District,Los Medanos Health Care 22 Corporation and Does 26 through 50 had a duty to control, manage, lease, maintain, service, operate 23 the aforementioned premises so that individuals on the premises would be able to safely board and 24 use the elevators on the premises. 25 21) The aforementioned mis-leveling was a dangerous condition on the premises which 26 posed and unreasonable risk of harm to individuals on the premises. At the aforementioned time 27 and place defendants Los Medanos Community Healthcare District, Los Medanos Health Care 28 Corporation and Does 26 through 50 breached their duties in that they negligently and carelessly LAW OFFICES OF f1LUAMf L.VEER wV"RESStC220 COMPL:kINT FOR PERSONAL INJURIES I F MO W.BUTTE270 4M FFtANtJ52rU.W D4tG? TEL(4ty16734WO ................................ I controlled, leased,managed, maintained, serviced, and/or operated the premises by allowing the 2 elevators to mis-level substantially. Additionally, defendants breached non-delegable duties to 3 maintain their elevators in a safe and operable condition. Defendants knew or,in the exercise of 4 reasonable care should have known that the aforementioned dangerous condition posed an 5 unreasonable risk of harm to plaintiff Debra Fernandez in that such condition posed a serious 6 tripping hazard to users of the elevators. 7 22) As a result of defendants' dangerous premises,plaintiff Debra Fernandez was 8 severely injured and sustained damages as set forth in paragraphs 14 to 16 above. 9 THIRD CAUSE OF ACTION 10 [General Negligence—Defendant Los Medanos Community, 11 Health District,Los Medanos Health Care Corporation and Does 26-501 12 23) Plaintiff incorporates by reference paragraphs 1 through 22 as though fully set forth. 13 24) At all times herein mentioned defendants defendant Los Medanos Community 14 Healthcare District, Los Medanos Health Care Corporation and Does 26 through 50 owned, 15 controlled, managed, leased and/or operated the facility Iocated at 2311 Loveridge Road in Pittsburg, 16 California. 17 25) On or about July 1,2002,Ms. Fernandez was a 49 year old registration clerk with 18 Contra Costa County at the Pittsburg Health Center. At that time and place, plaintiff attempted to 19 enter an elevator on the building's third floor. Plaintiff alleges that the elevator had mis-leveled such 20 that the elevator car was 34"higher than the third floor landing thereby causing her to trip and fall 21 when she attempted to enter the elevator. Said mis-leveling was a dangerous condition on the 22 premises 23 26) Defendants Los Medanos Community Healthcare District, Los Medanos Health Care 24 Corporation and Does 26 through 50 had a duty to control,manage, lease, maintain, service, operate 25 the aforementioned premises so that individuals on the premises would be able to safely board and 25 use the elevators on the premises. 27 27) The aforementioned mis-leveling was a dangerous condition on the premises which 28 posed and unreasonable risk of harm to individuals on the premises. At the aforementioned time LAW OFFICES OF iLLIAM L.'VEEN COMI I-MNT FOR PERSONAL INJURIES _5_ VAN NESS AVE,SUT6 226 V FRAMCISW{ CA 04107 TEL 1415)67]•0600 I and place defendants Los Medanos Community Healthcare District,Los Medanos Health Care 2 Corporation and Does 26 through 50 breached their duties in that they negligently and carelessly 3 controlled, leased,managed,maintained, serviced,and/or operated the premises by allowing the 4 elevators to mis-level substantially. Additionally, defendants breached non-delegable duties to 5 maintain their elevators in a safe and operable condition. Defendants knew or,in the exercise of 6 reasonable care should have known that the aforementioned dangerous condition posed an 7 unreasonable risk of harm to plaintiff Debra Fernandez in that such condition posed a serious 8 tripping hazard to users of the elevators. 9 28) As a result of defendants' dangerous premises,plaintiff Debra Fernandez was 10 severely injured and sustained damages as set forth in paragraphs 14 to 16 above. 11 WHEREFORE,plaintiff pray for judgment against defendants and each of them as 12 hereinafter alleged. 13 (a) For general damages according to proof; 14 (b) For special damages according to proof; 15 (c) For costs of suit herein, and 16 (d) For such further relief as the Court may deem proper. 17 DATED; June�, 2003 LAW OFFICES OF WILLIAM L. VEEN 18 19 By: 20 Cli istopher A. Viadro Attorneys for Plaintiff 21 DEBRA FERNANDEZ 22 23 107435_l.doc 24 25 26 27 28 LAW OFFICES OF 11LUAM L.VEEN ROFES31ONAL COR90RATt6N COMPLAINT FOR PERSONAL INJURIES _6_ I I VAN M38 AVE_AL47E 220AN FRANCISCO.CA 84102 TEL 1416)673.4&00 JUN 27 2083 14:34 FR ONE LEGAL CO CO ##5 5 9252287720 TO 14157715845 P.09 SUPEMOR COURT OF CAL tl'0MIA,COUNTY OF CONT R:ll COSTArr 4 CCOMT user C*4.Y 7Z.CC9JRT SMET,ROOM 103 ru RTINEZ, CA 94663 PLAT FF(5) vs 0EFENDANT(E) STIPULATION AMC ORDOR RE: PARTICtPATION.IN ALTERNATIVE DISPUT#. RESOLUTION ("ADR") CASE Na: In connection with the stipulation placing this above case in 0 The court's EASE("Extra Assistance to Settle Eady) Mediation Program Private Mediation The undersigned stipulate,on behalf of themselves and their clients, and the court so orders counsel and their respective ofie3nts, 1) To follow all instructions rued by the Mudge assigning the matter to mediation 2) In the case of reference to the courts EASE Mediation Program,to follow all ADR Programs Office Inshiiations and protocol. . 3) To observe all statutes,statewide rules of court and local rules of court regarding participation in ADR. 4) To make the following cornmitm+orits with regard to participation to EASE Mediation. a. That trial counsel,with full knowledge of the noses, and all clients or pdriaipals,will p r as +ice the EASE Mediation confewc;e or confererices. (Local Rules of Court,Appendix C,Section 206.) b. That a delms,representative fpr each huumd party,with full settlement authority and full knowledge of the Insurance claim file,will p rMo ally Word the EASE Mediation conference or cbrifere aces. (Appendix C,Semon 20s.) C. That a c nflclentlarl written EASE istatement,containing the Information set forth in Affix C.Section 204 subparts(a)through,(f}will be subrnitterd to the mediator and served an all other panties five(e) court days In advance of the MAZE medlation conference. ace. d. That the parties will have completed sufdcleirit Inve 0getion and disoove y to enable meenkWul par#Iclpatian In the EASE Mediation Codfesrence and to make Wident use of the Madistoes time. e. T'hait counsel will discuss the mediation prod in,depth with their cliff and pure them for rrteeinlroftil participation In mediation,sufflctemtly In advance of the EASE Meedhdlon conference. 67I1wLAMN MD 0rlr7 M AM rklKn;iWA` w W A+L'rMINVA ninny k9ZQ"FT1C N t"AD "i (PN E 1 OF 2) JUN 27 2003 14:55 FR ONE LEGAL CU CO #5 5 925228'?720 TO 14257715845 P.10 r Counsel understand and will advise their orients that any failure to observe and comply with the above terms may result In court-imposed sanctions, both monetary and/or non-monetary,Including termination of a party's+h itt to prosecute or defend this Iftatlon_ Date Piaintlff(s}--Print Name(s) By: Signature of counsel or patty in pmpla persona Print Names Date Ptaintiff(s)--I4fint Name(s) Signature of counsel or party In propia persona Date Defendants)--Print Name(s) Print Name Sy: Signature of counsea or pasty In propia persons Print Name Date Defendant(s)—PrInt Martie(s) By. SignaWre of counsel or party In prropls pewfta d Print Name IT IS SO 6ftDHtF-D. E7s�es JUDGE,SUPERIOR COURT MmwjiW ores.M u.owy-cauRr wwm- ru►ms)coum" awe-ospes=hw(s)00LmEL - JUN 27 2003 14:35 FR ONE LEGAL CO CO #5 5 9--522e7720 TO 14157715845 P. 11 IN THE SUPENOR COURT OF THE STATE OF CALIFORNIA IN AAV FOR TH29 GC3tIAl7YOF CONTRA COSTA Cela AID. CO e txor PAMW Meal Pte ittl#!'s), DWS of firs,[`case Afenaoem+,ro[:onfolume: VS. : Stlpulatlon and Order Iq Uou of Defent w9(s) First Case Mansoeinent Confarence COU"" o Ong ft*y wW IJIiTi+iiWvWermdon fl1Ti subjech sat Iife of V*&w 2 2(b),.Jrvkj Me sateen of s pmpaw W atemOve&spdo fsm*ftr and Me emC►trrX{f Gfala rMoossmy to compbita md*-kvW d'=0v0"Y ib•r 8l 0 th+e AM p utwas rtoat*Wa Counmsf#'tit mft M&fiwm has been MY corral "tls ocaMom tet on the r wsa she oftlik docwndW. 131 s and counsel have aWftq to fmisd ol4 Mme";tEwly At 'mon PnVm j, (&tS,=.m &Wbn), (p*ata nod abon), audow *b**&qsf80AM aW h0w OVWF� to 00ft4*a t1*z prwgss by 1"8,'*+GCn301 0"PWal$M*dBft OXMWI 'l c octad tW ADR dft&W*W five dirt days offhe fift et't Soman to k*W&#der ADR larw. phw mww pft name ` t:�turseltbt'Pl `I�` ��ctltsel tot`;�9�tndE pr#1t t�eu:rs prat n Cow"I for PJSi'r ?'' 00=01 for DelbrJda d Dated. to ft Case A+l+sfW=rt wrier to be Med,It is so oidared. The pow Maru4Wwnt c onibtwme at le' v A fresher Cez~e Mwmg& W odm*wm Id set kr . Plaints-'coumel Mall qko nofte,and*'serve a mpy ofihts o0tr on ft ADR ofifoo. Dated: .tine►of Me Superfrr Cr#W JUN 2? 2003 14:35 FR ONE LEGAL CO CO 95 5 925228??20 TO 14157?15845 x'.12 IN LIEU OF ATTENDING THE FIRST CASE MANAGEMENT CONFERENCE, THIS STIPULATION AND ORDER MAY OE USED ONLY IF ALL.CSF fHE FOLLOWING APPLY: ALL PARTIES HAVE SEEN SERVED AND INTEND TO SUBMIT TO THE JURISDICTION OF THE COURT ALL PARTIES HAVE AGREED TO A SPECIFIC DISCOVERY PLAN THE DATE FOR COMPLETION OF, THE ADR PROCESS IS NO MORE THAN 90 DAYS FROM THE DATE OF THE FIRST CASE MANAGEMENT CONFERENCE ASSIGNED BY THE COURT. THIS "PULAnON. IS SUBMITTgD DIRECTLY to YOUR ASSIGNED DEPARTMENTAMINIMUMOF 15 DAYS BEFORETH FIRSTSCHEDULED CASE MANAGEMENT CONFERENCE DEFENDJANTjSY FIRSTAPPEARANCE FEE HAS BES PAID OR,WILL BE SUBMITTED WITH THIS'S"nPUL,A p"ARID ORDER COPIES (TO CONFORM) AND A STAMPED, SELF-ADDRESSED ENVELOPE IS PRO\#DtD FOR RETLIRN,+DI✓ THE FILED ORDER TO COUNSEL ' PARTIES SELECTING A MEDIATION P1kOGRAM WILL SIGN AND RETURN THEWPULATION AND ORDER RE PARPCIPATION IN ADR' (CIV-84 'x')WITH THIS STIPULATION AND-ORDER CMC STATIMENTS 'AIDE FULLY COMPLETED AND SUBMITTED HEf :WITH plesse tiotp: A request ibr cordinuance of an Al3R deadline issued in corjuncticn vAth this Stlptilation and Or cler is dlsmur ed an+d Me assigned wtmay rwiulrea personal appeamce bebrescorlonuarme wl l be granted. JUN 27 2003 14:35 FR ONE LEGAL CO CO #5 5 9252287720 TO 14157?15845 x'.13 SUPGOM COURT .. t�rtaa,Mrrssur,al�r OP r.Aust MA WUNTY OP staM rxrr'twrr�c�ona (mak+aa) mxnwow UMM CASS (A dirt ded (Attl=#dwarkled is$0 000 A CASE MAM023MM OONPOIEHM Is ssdmd ded as kkmw TOW. DWL; btv.. Roam: Addreas of court(ItMotmat ftm then addsms above): IN it iC ,A4•per bay must boi chi,and t6 apoditd trsftnnathm must b.p,4"& I. P*AW Of pam"fwwwaw): a. TWm damwil is au m*bd by part►1nmok b. TM'strd*mw t Is m6oftWd 1**by pg. 2. Cawtripbstrst a ur�aomp (1tu be►attswstad hY �a �cr»pt�# Y a- The cwtapWW was Med an(doW. b. M, Thw aaw-oaaplaMt.If any.was Sid on k 3. SWulm(to bo&4w&v4w f bypk&Mft and d 40000 , sartr aw IL ,Ak.p4d"nmW in*A aWMAEW aid rdn0*wmpl**hsv*been sepmd,or haw bassi cifirssi:AWd. b. [ Mw*aw pa"norod b do a nkh ar t ett (iy hers� aana«d��►�at�da�s�rr,�: (2) a hws been served but hM cwt apeared spearedand have not bei►dierriksed to rmmwp. (3) C havh toad ik+a*Wk erftrod amt#mwn(ocpecWaanws� a ( The- cwrds* aru i psdbtri.my#m added(speraaVy Hawses,t&Wm of inwhwne rt,n 0 ,-W d a dw.by whth Ow maybe mv&4: ate rcm of oasa AL TV00at In carmpka m [ (a arttw,kxag camaji of a JUN 27 2183 24:36 ER ONE LEGAL Co CO ##5 5 X325228?'r2O TO 1425?715845 P.14 P;.Af"r'frlfTMaNM D DANiIAESPONDEW'. d. b. P,,�t+aYVld9 a fid8lfa�fya�t,�,�m�e�d of ,lnc�ert p+y��y d=90oa. �Jt p���yyars�t���dar��y�gje����+�(�rca L�sy��Y �+�1��pY� R d4m dakn&4it�, r►ff me �i1t to data�17dtW#SO6f W w mQ,V'tI'Yln&o �i.�� •u �Imt eawrfts f*dA to.and aaftstad A*N*kW A$#1!!#ngs. ff squMallo nWatA;ao4VK d"CrM*the fid'' m of t'o ) ' (V nwe spava is mwda4 ra vc*v9s,bcw and*Mc*a pts daWgMW as Att*ah*Wnt 4) . 5. ANY of mw*"bw mw patty or padkis few"t a Pity tied a noliury trial (if m rre bUn or*pwty,ptK vkb the name of east's poo 6. 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CASE 1#.�i Ji�t�i`9TATEMO1T -- 3!�N 27 2003 14:36 R ONE L_ErpL Co Crw: its 5 32522�i 720 TO 14157715845 P.15 The party fur patUm atiR wvtttt V to pWVDVM ki(ctti+A Alt Mat OPPly). r ( } NWAMft W&Wmbftgm Under Colt6t•of CM Prooedura s*cklm 1141.12(dtacove l tv 15 days bGfare arbltm rrntW CGt.ftd"af•C+aurt,rule 1812) ( } NwAftft pddo aa<l3rttr gon tar trar Cts of CW pmcadure aeon 1141.12(dWcovery to rami open"130 days before blah,Order O utm urwer Cat.R of cow,rite 1+612) (4) 8kMXWlaW wb*aftn {#y} EletaP&gd* rauWtr�lort . (� 't�f+arrdtlr�r► avak�tt M I= 00wr(ap?): e. Tlft muw to au dt 4cr mmWatoryr pxgoErt artritr dm because tete anwu t 1n barmy doss not aid etre ertehutcrrtr AWL f. placln o-jaeft to refit earls to AWWd WbWWWn wW meas,to W*f acovw W"Mwuf*ep0cat6ad to Cc&Of CM l rf 1141.11. IM man le oxwW*am PftW wbMStln t tworr rote 1&)D.S of do c4sornla Rolas,of Court($pow tnpow). (D Tw pv*of Pidw we wov to pRTU*mr In ars artily ashler t 0onfarence( dry rfwa): "t2: �11ta1rte�s , .Irwx*wo owm,1t+lkrrlt'.for piny fWV this stitdmont(Harm): b. Fim a nmOM of d9hUr M Yes C—D NO rr. Cove IgWAUM t{y affect rawkWon rd MM ows(etrgcslar n)t int i any menam that mw good torus kit tion or pmeassma of tlds raeta+a,wo dam the etrtoM 14.PWIMW mWM*^arrA 000nr>w*m a. Tt urr aura*aaVar*x.:rndr►e"i%q'nAOd Caren. cow WOW. AddlW W erre ire d In Aftdmrrt 14a. b. A ff"On to Wosafdato coorcnate , be W by{rte Pik "Elia►party or paluee,WwW to We a audkm kw an order bUcating,sseverlitM or rcootrdr:attng tf►e 1040v+tn$IBVUGS or`emu"of aft"*0*waft lel+', ofMONO,&W No"}: 1& otlsttrwwft s*' C3 MW party Or 17rereti A saw 10 t0 the b$owft mottorre glare trlat(9l?Nci&e3ft*V�,MW O(Rw*ft attd ram): JUN 27 2003 14:36 FR ONE LEGAL CU CO US 5 92522G7720 TO 14157?15845 P.26 17. wy Lj Tm patty or pasua mve mripwad ok Y9ty. b. En Th.btto�ft dWmWY wil ba cxWVtsW by liar dWs&PWW+d(d"c"aB a6do4batad df ry). ` C, ( The foltawing every muss are 4trtt*dtod(*edly). i8_ �'c�ttttl�t t�i�i�►n a. ThIs Is a ttMad dW am{-66•00 sw ount dwr auW*d w$25.000 or less)and titer econornic gttgadon pt ocedurea in Cede ttf Pt+cwodtttst spec. 1hN �6►.wll ep'pt!►to tttia Deals. b. o W r aetd a molt"t*w*4mw tris cmm from the et,onomlo 1 opgon pr*0* .or for addtt+ixtttl dewafy wM be flt6d(#tt tsd,sxj r*OdVcW OY ocxmrltt IMPdan pmoo dum relai ng to&jcowty or WW sh�not am*to H&owe): is. 0d w ISM"' EMM*patty or path mgt"that ft io�add donut magete to oonstcie W or+dstectnttW at V*emo managwnerd t ortf ar"1s1 ow. 20. titarrt and oonW . Ti►petty or l hum.ffwt ttnd conion ed with eA pantee an all Sub*M rsgftW by nAP 212 c4 tits CoMamu Rules at Court Of nol:wohlb1. by AJJ `WAG**OW M*nft as t+e**W by rWs 212 of am taritutroa RWaa of Coun the pwWa gree cry id�e fdta r►g 21M ���f 1illr�w rpt Y . i taA+ialta ttaRa mviagerram OWen In!flit►awe air(mak oos)- Mnwet.,,.,t 8tta as 10. ttiAtwrtt 2 t. 22« `t�tto�3ala�tttt+er pf pl�aa�►bold! 1'+nrxyY...,.,.,...Y I wn wmpbt*fhtrttiiar v t Russe are#w1t be fdiy pureparad to d%amm dw WAhm of dtsr.mW attd AM as weft as odwrissum rs f by lids*W*awlt,and wSpo ft aeafht dyr to•saw bm on time tssuss atom ttma of ihs coft nwaagombi corAmerctte.kkftft the wdftn rtlty at ft patty whm mge*vd Mata; , ctvvacttt+awrr t+ ttc � v ortr► frnto mrMAI" �eet+►tt,tsso��tnrcerxrnttr�rl L:3 Ad=MW sVmbm*we aftuW aw t .tee► CASR MANAGMWW STA7 EW' tip. at s JUN 27 2003 14:36 FR ONE I GAL CO CO 115 5 9252287720 TO 14157715845 P.17 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA ? No. Plaintiff, } } V13. ) STIPULATION AND ORDER FOR } ALTERNATIVE DISPUTE RESOLUTION Defendant. } } The parties stipulate that all Maims In this action shall be submitted to: CJ Private mdiation. [ The $CAN Program. L] The EASE Program. Cl Non-binding judicial arbitration under CCP section 1141 12. 0 ftjudicial arbitration. 0 Bin"private arbitration. 0 Use of a Special Master. Cl tither(specify) Date. Piair m Defendant Attorney for Plaintiff Attorney for Defendant IT IS SO'ORDERED. .fudge of the Superior Court CV4%63cmrl1 s-W JUIN 2? 2003 14:3? ER ONE L,EUAL CC CC #5 5 8252287?20 TO 1415?725845 P-16 ADDENDUM TO ADR INFO. SHEET - MUST RE SERVED ON ALL OTHER PARTiES NOTICE RS: MARCH 1, 21DAt? IMPLEMENTATION OF EARLY MEDIATION PILOT PROJECT ('EMP") The AOR Programs Office of Contra Crista Superior Court IS pleased to announce the Implementation of EMP effective March 1, 2000. EMP is a special early mediation pilot project funded through a grant from the Judicial Council of California. CCP 61730 et seq., CRC 1640 et seq. It will be operated as a subdivision of EASE., the Court's highly successful mediation program for Unlimited Jurisdiction cases. ELIGIBILITY: All general civil cases, as defined in CCP §1731(b) (Unlimited Jurisdiction revel), filed from January 2000 on are eligible to participate In EMP. EARLY ENTRY: Parties are encouraged to take advantage of this new voluntary mediation program at the earliest possible opportunity. It Is not necessary to wait until the first Case Management Conference to self-refer to EMP. A forth stipulation to participate In EMP is Included herein for your convenience. MEDIATORS: Unlike under the basic EASE Program, EMP participants will not be restricted to use the Court's mediation panel. Although the ADR Programs Office will maintain a limited list of EMP mediators with specific qualifications, participants are tree, and encouraged, to engage the private mediator of their choice. All mediators will be required to complete and return ADR Farm-1 Qa- a very short Judicial Council form that will be provided to them by the ADR Programs Office. COST: All costs for mediator services will be borne by the parties and will usually be split equally amongst them. However, mediators on the Court's EMP list Will provide the first two(2) hours of the mediation conference on a pros bono basis, Some mediators also provide the first one (1)hour of preparation and scheduling on a pro Bono basis. DATA COLLECTION: Aside from supporting mediation In the courts, one of the primary goals of the Judicial Council is to collect data that will permit comprehensive evaluation of the effect of early mediation versus: 1) the use of other types of ADR (e.g.,judicial arbitration)and 2) no use of ADR, on the timing and mode of case resolution. Accordingly, all EMP participants will complete post-mediation and post-disposition survey materials. This is Mur opportunity to provide input to the Court and the Judicial Council re: what works, what doesn"t wofk and what should be changed In order-to make court-based mediation ever} more effe wive as a dispute resolution triol. FURTHER INFORMATION: For further Information about EMP or about mediation In general, or to start the Intake process for your Casa, Please Contact EMP staff at the AIR F gyms Office: 925-846.21271925-848 -291 }(fax). We look forward to your participation In this groundbreaking programs. Cv40MTrRev.6•2541 JUN 27 2003 14.37 ER Ot-E LEGAL Co co u5 S 9252287720 TO 14157715645 P.19 1 Name: Bas#' -- 2 Firm Name: Street Addre ; 3 City-, State: ZJp: - 4 Telephone# Fax#: 5 7 a 9 10 11 12 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 IN AND FOR THE COUNTY OF CONTRA COSTA 14 15 Case No. COO-- '!6 Idtrt s , STIPULATION TO PARTICIPATE IN 17 THE EASE--EARLY MEDIATION PILOT V. P J GT 18 cgmm- CCP §17305F-Q,(N5-F1TL1NG FM 19 Defendan s . 1 20 21 WHEREAS the parties ("the ParUes`) to the above-referenced action ("the 22 Action") recognize the value of attempting to resolve their case In advance of trial, 23 The Parties, and each of them, .hereby stipulate and agree as follows: 24 1) To submit the Action to mediation through EMP. 25 2) To Identify a*mutually agreeable mediation ,service provider, obtain that 28 individual's agreement to act as mediator in the Action; and submit a 27 declaration 6onfirrrdng the name, firm name, nailing address, phone/fax 28 numbers and email address (If available) of the engaged Mediator to the JUN 27 2003 14:37 FP ONE LEGAL CO CO 95 5 9252287720 TO 34257715845 P.20 1 ADR Programs Office no later than fifteen (15) days after the date of this 2 stipulation. 3 3) To observe the time limit for completion of mediation established by the 4 judge to whom the Action has been assigned and/or by EMP staff. 5 4) To participate, in good faith, in the mediation of the Action. 8 5) To complete and timely submit all past-mediation and post-disposition 7 survey devices, as required under the terms of the pilot project grant 8 agreement between Contra Costa Superior Court and the Judicial Council 9 of California. 10 CI The Parties have already agreed to and engaged a mediator for the 11 Action. A statement of the mediator's name, firm name, mailing address, 12 phonelfax numbers and e-mail address (if available) is attached hereto as 13 Exhibit A. 14. 15 16 ate PTai ntlffs)-�-Print Rarrte(s} 17 8y. 18 ignature ot counsel or party in prepta persona 19 Print ame 20 21 Dae a an an (s �-Pr�n# Name s 22 23 By, ignature of counsel ora ' n P ro i P a Persona 24 25 --Ar-R-Naff ie 26 [Attach additional signature pages if necessary, This stipulation may be signed in 27 counterparts.) 28w�ua. - - JUN 2? 2003 14:37 FR ONE LEGRIL CO CO #5 5 9252287720 TO 14157715845 x'.21 CONTRA COSTA COUNTY SUPERIOR COURT ALTERNATIVE DISPUTE RESOLUTION INFORMATION SMEET Contra Costa County Superior Court offers numerous alternative disputa resolution options to anvil litigants at various stages of a case. These options encourage the parties to resolve their dispute Instead of proceeding to trial. This information sheat explains the nature of the various alternative dispute resolution options and the procedures used in each of the court's alternative dispute resolution programs. Further Information is contained in the Rules of Practice and Procedure for ADR, Programs, Appendix C of the Local Rules, and the CouurCs web site, courts.org" THE "SCAN" PROGRAM Summary ,Case Assessment by Neutrals At they initial status conferences held under the Fast Track rules, the court will Identify cases for inclusion in the program. Selection criteria will Include subject matter, number of parties and c ompleexdty of issues, Ideally, the heat candidates for the program will be commercial litigation matters involving no more than two or three parties in which It does not appear that resolution of a legal Issue alone will determine the prevailing party, uses selected for the SCAN program will still be eligible for all additional alternative disputed resolution techniques available to other civil cases. The purpose of this program is to provide litigants and their counsel with an early neutral assessment of their case resulting from a conference witty one or two experienced litigators. It is hoped that the output of this conference velli enable counsel and their clients to confirm the value of the claim, predict probable case outcome Oto the extent t't this is possible in a jury trial system), and choose from the wide array of available cam manaagom+ent tools those which are most likely to toad to a cost-effective disposition of the dispute. Unlike they EASE Program, described below, it is not the purpose of this program to achieves a settlement of the Case at the SCAN conference, although it is contemplated that a number of matters vAll settle shortly thereafter, The principle foci of the programa is to provide an early, neutral "read' on the ems, leaving the parties In a better position to resolved the case on their cam. The SCAN conferences will be scheduled at the convenience of the parties and the neutral(s), subject to a deadline imposed by the assigned judge. The para will be required to attend the conference with counsel. Whitten statements not to exceed five pages summarizing the facts and the key legal arguments, Including relevant legal authority, will be provided to the neutral ivaluatc s), exchanged with using counsel and a copy submitted to the ADR Director no later than five court days In advance of the conference. t JLJI� 27 2003 14:33 FR ONE L.ECOL CO CO #5 5 9252287720 TO 14157715845 P.22 Special Note: SCAM evaluators volunteer to give two hours of pro bona service on each case, or consolidated case, they,accept, ADR Programs Office guidallnes provide that the evaluator will devote up to one hour of time to preparation and scheduling, and the two hours of actual evaluation conference time on a pro bong basis. Any deviation from these guidelines resulting In less pro Bono time should be discussediagreed in advance between the evaluator and counsel. THE "EASE" PROGRAM Extm Assistance to Sattle Early At the first status conference, either by stipulation of the parties or by direction of the court, a civil case may be referred to the EASE program. (EASE is Contra Costa Superior Court's early mediation Program for Unlimited Jurisdiction cases.) At the time of the reference to EASE, counsel are provided with a list of mediation panelists who have subject matter expertise appropriate to the case. The vast majority of EASE mediation panelists ate experienced attomays. A few are professionals In other fields (e.g., CPA, real estate professional). Counsel must confer, mutually agree on a mediator and confirm that nwdlatoes willingness and ability to take the assignment Counsel then must submit a written confirmation of the above to the ADR Programs Office, on a form provided, no later than fourteen days folinwing the reference to EASE. The EASE conference is scheduled by the mediator and ordinarily takes plane at the mediator's office. EASE statements roust be received by the mediator and by the court's Director of ADR Programs no later than five days before the conferee. Unless specifically excused by the judge at the status conference, the EASE conference must be attended by all principals or clients and all claims representatives. The mediatoes goal is to help the parties resolve their case. The m+sdistor ordinarily spends a morning or an afternoon with ftparties analyzing the issues Involved in the case, investigating the strengths and weaknesses of the various arguments presented by all sides, and exploring the possibility of an early settlement, If the-case does not settle, the mediator considers options for streamlining discpvery and other pretrial prcce+edings. FollmMng the EASE conference, If authorized by all participants in they midlatlon, the mediator prepares a confidential written summary for the assigned Judge. Special Note: EASE mediators volunteer to give two hours of pro bona:service on each case, or consolidated cue, they accept. 2 __ JUN 27 2003 14!3e FR ONE LEGAL Cts CO "5 5 52522 7?20 TO 1415'7?15845 P.23 JUDICIAL ARBITRATION Under California Code of Civil Procedure, Section 1141.'10 et seq., all case in which the amount in controversy does not exceed $50,000 must be submitted to judicial arbitration. A plaintiff may stipulate to limit his or her recovery to $50,000, in which case the ratter Wit be submitted to judicial arbitration. The parties may also stipulate to judicial arbitration regardless of the amount in controversy. Cases submitted to judicial arbitration are heard by an arbitrator selected from the list of approved arbitrators maintained in the Alternative Dispute Resolution Programs Office. Parties am generally aide to select an arbitrator of their choice from the list, out if they cannot agree an arbitrator will be assigned. Under California Cade of Civil Procedure, Section 1141.18, arbitrator's are paid at tate rate of$150 per rase or $150 per day, whichever is greater. All of the arbitrators on the court's list have agreed either to waive compensation or to lack solely to the parties for their compensation. The arbitration is less formal than a trial, and usually takes place in the arbitrator's office. The arbitrator listens to argument and to the testimony of witnesses taken under oath, but formal rules of evidence dor not apply. The arbitrator then renders a decision. Unless the parties stipulate theat the arbitration witl be binding, either party may request a trial de nova. If a new trial is not requested within 30 days, or such lesser period as the parties may agree, the decision becomes an enforceable final judgment in the ruse. BINDING PRIVATE ARBITRATION At any time during the pendency of the case, the Parties may stipulate to WOdlng private arbitration. If the parties so stipulate, the case is removed from the court's docket. By agreeing to binding arbitration, the parties give up their right to judicial review of the arbitrator"s decision, except for the limited reasons set forth under California Code of Civil Procedure, Section 1288.2. The rules for the conduct and enforcement of binding arbitration aro similar to the rules for judicial arbitration and are set forth In California Code of Civil Procedure,.Section 1280 at seq. Arbitrators miy, but are not required, to be selected from the approved list maintained by ft Alternative Dispute Resolution Programs Offlas for non-binding judicial al"bitcattom. The panties am responsible for paying the arbitrator's fees and the arbitrator is not limited in ft amount charged. The parties are also free to select an arbitrator not on the court's approved list if they so desire. 3 JUN 27 2003 14;36 FEZ ONE LEGAL CO CO #5 5 9252297720 TO 14157715845 x'.24 PRIVATE MEDIATION Mediation is a facilitated negotiation process. In a mediation, a neutral third party helps the parties focus on their underlying interests ,and aids in the communication between the disputants. The mediator has no authority to Issue a decision as to who is right or wrong. There Is no winner or loser in'a mediation; the goal of mediation Is to reach a negotiated resolution acceptable to all parties. Most mediators require that the parties themselves, as well as their counsel, pemonally attend the mediation session. Although mediator's styles differ, most mediators will question the:parties and their lawyers carefully about their true goals and interests in proceeding with the cam, and will explore the strengths and weaknesses of the case in order to ensures that a realistic assessment of the; risks and possible benefits is being considered. Frequently, parties berme fixed on their competing positions and a neutral third party, trained In dispute resolution techniques, can assist in finding areas of agreement and compromise_ in order to promote an open exchange of Ideas and information, most mediators require that the mediation be made completely confidential under California Evidence Code Section 1152.5 and that no report of the mediator's impressions is disclosed to anyone, including the court. The mediation session ordinarily takes place In a neutral location such as the medlator's office. Most mediators charge fees for their services, which the parties are responsible for paying, although there are a number of non-profit groups in Contra Costa County offering free or low cost mediation services. The court's Director of ADR Programs is available to discuss available mediation services. Although private mediation is often moat effective at the early stages of a case, the parties may stipulate to mediation at any stage of the proceedings. The court generally will not, however, alter fast track deadlines in order to accommodate a private mediation. SPECIAL. MASTER A special master is a private lawyer, retired judge, or other person appointed by the court to perform any of a wide variety of task$such as cue management, resolution of discovery disputes, fact-flnding, and settlement negotiations. Special masters are especially useful In the organization of large, multiparty disputes such as construction cases. The precise authority of the master Is set forth in the court's order of appointment. The master generally Issues a report and recommendations to the court, and parties are given an opportunity to abject. 4 JUN 27 2003 14 c 39 FR ONE LEWL. CO CO X25 5 925228 7720 TO 14157715845 P.25 Special masters are usually appointed based on the stipulation of the parties and are paid by the parties. in a limited number of situations set forth in California Code of CivilProcedure Section 639, the court may appoint a special master/referee without the consent of the parties and order the parties to pay the reasonable costs of the appointment. THE "SMART" PROGRAM Special Masters Actively Resolving Trials On the mornino of trial, either by stipulation of the parties or by direction of the court, a civil case may be referred to the SMART Program. In this program, that ease is assigned to ar mediator who Wit conduct a settlement conference on behalf of the court. The mediator will spend from one and a half to three hours reviewing the issues, analyzing the case with the parties, and making settlement recommendations when appropriate. Accordingly, on the morning of trial, unless excused by the judge at the issue conference, all parties must have In attendance all principals or clients and all claims representatives. SMART program mediators are selected from volunteer attorneys provided by the Contra Costa County Ear Association. They are highly experienced attorneys who generally have background In the subject matter of the uses they are assigned. SMART mediators are provided with copies of the issue conference statements in advancer of the settlement discussions, and they ordinarily have reviewed with the judge any prior settlement discussions that have occurred under the direction of the court. Although confldential information may be shared with the mediator and not disclosed to the other side, any information provided to the mediator may be shared with the judge. When appropriate, the mediator may choose to Involve that judge directly In the settlement discussions. THE "TOO PROGRAM Trials an Time Either in advance of trial or, if a courtroom is unavailable, on the morning of trial, the parties may stipulate to participate In the TOT program. In this program, the parties agree that their case may be heard by a volunteer Piro Tem Judge appointed under Article 6, Section 21 rot the State Constitution and ruler 244 of the Callfomis Rules of Court. if the parties so ague, the program guarantees a date certain for the trial (usually within three-four months)and a trial judger who will hear the case from 9.00 am to 5:00 p.m. each day. The parties obtain a jury panel from the regular jury pool and preserver their tight of appeal. A bailiff and clerk are provided on the first defy of trial only, and the parties must provide their overt court reporter. 5 JUN 27 2003 14:39 PP ONE LEGAL CLQ CO #5 5 9252287720 TO 14157715845 P.26 The TOT program is designed principally for Jury trials of not more than five days in total length with issues controlled by BAil. Effectively, this means uses in which the case will go to the jury byr early to raid-.ef#s,moon on Thursday, assctming a regular Monday start date. In Special circumstances, however, the court Will consider assignment of longer cases and court trials to the TCT program. Pro Tem Judges are selected, by counsel, from a list of experienced volunteer attorneys. CV4395W77Rev.9-2501 6 JUN 27 2003 14:39 PR ONE LEGAL Cil C0 #5 5 925228 20 TO 1415"'r 15845 P.27 CC3MMUNMY-BASED DISPUTE RESOLUTION SERVICE PROVIDERS `!'here are two community-based dispute resolution programs in Cgntrra Costa County which are funded, In psrt, by Dispute Resolution Programs Act funds. Bath of these organizations offer confidential, court-effective ADR services utilizing trained, volunteer neutrals. Their services are provided either free of charge or at a very low cost to the parties. Pleases call therm directly for further information. Conflict Resolution Panels of Contra Costa ("CRP*) 925-798-6132 Cellforr is Community Dispute Services 510-231.4194 i7V•as6p7Riv:a.of TOTAL PAGE.27 JUN 27 2003 14:33 PP ONE L.EGFL CU CU Ab 5 9252267720 1U 14157715845 P.05 SUPERIOR COURT - MARTINEZ COUNTY OF CONTRA COSTA MARTINEZ, CA, 94553 FERNANDEZ VS KONE NO'T'ICE OF CASE MANAGEMENT CONFERENCE CI'VMSC03-01634 1 . NOTICE: THE CASE M'ANAGM43NT CONFERENCE HAS BEEN SCHEDULED FOR: DATE: 11/14/03 DEPT: 05 TIME: 8 .30 THIS FORM, A COPY OF THE NOTICE TO PLAINTIFFS, THE ADR INFORMATION SHEET, A BLANK CASE MANAGEMENT CONF'EREN'CE QUESTIONNAIRE, - AND A BLANK STIPULATION FORM ARE TO BE SERVED ON OPPOSING PARTIES. ALL PAR'T'IES SERVED WITH SUMMONS AND COMPLAINT/CROSS-COMPLAINT OR. THEIR. ATTORNEY OF RECORD MUST APPEAR. 2 . You may stipulate to an earlier Case . Management Conference. if all parties agree to an early Case Management Conference, please contact the Court. Clerk's office at (925) 645--2960 for assignment of an earlier date. 3 . You must be familiar with the case and be fully prepared to par- ticipate effectively in the Case Management Conference and to discuss the suitability of this case for the EASE Program, private mediation, binding or non-binding arbitration, and/car use of a Special, Master. 4 . At any Case Management Conference the court may make pretrial orders including the following: a. an carder establishing a discovery schedule b. an order referring the case to arbitration C. an carder transferring the case to limited jurisdiction d. an carder dismissing fictitious defendants e. an carder scheduling exchange of expert witness information f. an carder setting subsequent conference and the trial date g. an carder consolidating canes h. an order severing trial of cross-complaints or bifurcating issues i. an order determining when demurrers: and motions will be filed SANCTIONS If you, do not file the Case Management Conference Questionnaire or attend the Case Management Conference or participate effectively in the Conference, the court may impose sanctions (including dismissal of the case and payment of money) . Clerk of the Superior Court of Contra Costa County I declare under penalty of perjury that I am not a party to this action, and that I 'delivered or mailed a copy of this notice to the person representing the plaintiff/cross-complainant. Dated: 06/27/03 S.HARBRECH`x', Deputy Clerk_ 3U R ONE L E 2'l 20:3 14.34 FGA.. Co ca 8252287720 TO 14157715845 P.07 NOTICE TO PIiA1 NTIFFS CA" SS$ OF UNLIMITED JUIUsDICTION All civil actions filed on or after January 1, 1888(exo ept juvenile,prolate,domestic relations, unlawful detalr .r.and asset"Iture cases under Hesrtth and Safety Code Section 11470 at seq.and extraordinary writs)'are includedin the Coxlffls Civil Treat Delay Reduction Program. Local Rule 8 requires that you meet certain time firma for riling documents which must be strictly observed. Failure to comply with the program,rule may remit In the Imposition of sanctions and wih result In the Issuance of an ruder to SMw cause>why you have not compiled. YOU MUST SERVE THE FOLLOWING DOCUMENTS,WHICH YOU WILL RECEIVE FROM THE CLERICS OFFICE,WITH THE COMPLAINT, ON ALL OTHER PARTIES: A copy of both slue of tt#.s Notice, A copy of the Notice of Fltst Case Management Conference-, A blank Carse Management ConferenceStatement; A blank Stipulation end Order For Alternative DLspute Resolution Form; A copy of Notice Re*Mmh 1,2000 Implementation of Early Mediation Pilot Program CEMP) Addendum to ADR lntom'teti M&we-, -, A blank Stipulation To Participate In TheF-ody Mediation Pilot Project("EMP"): A appy of the Alterhailve Dispute Resolution(ACR) information Sheet; A list of Community-Based Dispute Resolution SeMoa Programs Service must be accomplished and proof of service must be filed with the hurt,within 80 days of filing of the complaint. IN ALL ACTIONS FILED ON OR AFTER JULY 1, 1993 CLAIMING DAMAGES FOR PERSONAL INJURY, INCLUDING EMOTIONAL.DISTRESS ANDIOR WRONGFUL DEATH,THE PARTIES MUST ALSO COMPLY WITH REVISED LOCAL RULE 5(d),BCH IS REPRINTED ON THE SACK OF THIS NOTICE. The first case management conference will be hold within 140 days of the filing date of the original complaint. The exact date Is Indicated on the farm you received from the Cleft Office when you filed your complaint If IM 2111&1 ADM IM NOE=4 manloomwConfamm ftwowtudgm LM ta Mum"awnflMIA to an gaft date. Posslbte referral of We case to Ahernate Dispute Resolution(ADFU will be dtscuss&I at the first OW manggern ant conference. Examples of ADR p nigra ms offered In Comm Coad wordy are described in the ADR Informallon Sleet, IT 18 IMPORTANT THAT YOU REVIEW THESE ADR PROGRAMS WITH YOUR CLIENT AND THAT YOU VERIFY THAT YOU HAVE DONE 80 ON THE CASE MAI+iAGEMENT CONFWUME STATEMENT. Use of ADR may Inure the possibility of your oifertt`s ase being molved at an early,amort less w"nsive,stop of the pinceedings. All JOW In the Civil Trial Delay RedtlCtl01't ftXpm aye supportive of to use of ADR prograrns. if you WM to stipulate to ADR In 4&8"C*of the firm case menAllsm'd conference,you may u$e they attached form"Stipulation and Order fir Alternative Dispute Rresolr ►n". This farm mush be s*ned by all parties and approved by the assigned judge before it is subifted to the ClerlE`s Office for Ming. The Court's:Director of Alli Programs Is av Mable to consult with the parties pdor to the first cause management conference to assist,In selecting Ow rnod aWroprIste dispute resolution monism for your cam, You may contact the ADR Director at 846-2127. cveeswrrrn�r:sMa: .....................................................— ................................I'll,...... .................... .............—....... ............. .......... ..................... ................................... .............. .............. ............. .............................................. JUN 27 2003 14:34 FR ONE LEGAL CO CO gs 5 9,-5222?720 TO 14157715845 P. #aPzd8r(TOW of OWiturnin. 'so" of Mauft MVjM (9) LOCAL RULIE 8(9) (roviss d 1/110,I) VWtdn 60 days of the In rt;athe complaint must 130 Served and a proof of servIce filed with the coult When a COMPIS t Is voluntarily �E�� 72, 2. Upon failms to serve the,Oomplillnt and file a proo Straw se shalt ow cauim isle as to why counsel s 11 no f Of Service as required above,an Order to this Role- ReqmmiVe POPOM to the Order tha t be sanctioned'for falters to comply with then five (5)court days in advance o Shtrw COUSO must be filed and Served no less 'a of the heating, ............ .................... .......................................... ...........................................