HomeMy WebLinkAboutMINUTES - 01072003 - C16-C17 CLAIM t.+ • f
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY j
BOARD ACTION:J&& Y' 07, 2003
p �Wiiiii��i.i�q..
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: $50,000. N ,V 2 7 20,0 2
CLAIMANT: VERNON HARRIS O'JNTY COUNSEL
AMRTINEZ CALIF.
ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 25, 2002
ADDRESS: 901 COURT STREET, BY DELIVERY TO CLERK ON: NOVEMBER 25, 2002
MARTINEZ, CA 94553
HAND DELIVERED BY THE
BY MAIL POSTMARKED: COUNTY COUNSEL
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETEN,, le
Dated: NOVEMBER 25, 2002 By: Deputy. .
II. FROM: County Counsel TO: Clerk of the Board of Superviso
(. his claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.$).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( ) Other.
Dated: { " By: ' �` __. Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV, BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
JANUARY 7 2003 ..
Dated: JOHN SWEETEN, CLERK., By h` 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: JANUARY 08 , 2003 JOHN SWEETEN,CLERK By ' Deputy Clerk
r
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION:,,,160.1�.RY 07, 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 "Wamings'.
AMOUNT: $50,000.
CLAIMANT: VERNON HARRIS
ATTORNEY: U KNOWN DATE RECEIVED: NOVEMBER 25, 2002
ADDRESS: 901 COURT STREET, BY DELIVERY TO CLERK.ON: NOVEMBER 25, 2002
MARTINEZ, CA 945`.3
HAND DELIVERED BY THE
BY MAIL POSTMARKED: COUNTY COUNSEL
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETEN, le
Dated: NOVEMBER 25, 2002 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Superviso
( ) This claim complies substantially with Sections 910 and 910.2.
( ) This Claim PAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
( ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: JOHN SWEETEN, CLERK.,By ,Deputy Clerk
WARNING(Gov. code section 913)
Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6.You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez,California,postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: JOIN SWEETEN, CLERK.By Deputy Clerk
! S
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ' t-€; ; 2:,1
INSTRU TIONS TO CL.A�M_ANT
.} $
A. Claims relating to causes of action for death or for injury to person or to personal property or grolmfig# 3
crops and which accrue on or before December 31, 1987, must be presented not later than the 10&day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.).
B. Claims must be filed with the Clerk of the Board of Supervisors at its office,in Room 106, County
Administration Building, 651 Pine Street,Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors,rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity. .
E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
)
Against the County of Contra Costa or )
District)
(Fill in name) )
}
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of$ and in support of this claire represents as follows:
1. When did the damage or injury occur?(Give exact date and hour)
2. Where did the damage or injury occur?(Include city and county)
3. How did the damage or injury occur?(Give full details;use extra paper if required)
r
4. ghat particular act or omission on the part of county or district officers, servants, or employees caused the
injury or damage? %..
5. What 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. how was the amount claimed above computed? tTnclude the estimated amountf 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.
DAIL AMOUNT
} Gov. Code Sec. 910.2 provides"The claim must be
} signed by the claimant or by some person on his behalf„
END NOTICES T • Att rn
Name and Address of Attorney )
(Claimant's Signature)
)
} (Address)
}
Telephone No. )Telephone No.
NOTICE
Section 72 of the penal Code provides:
Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any
county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claire,bill,account,
voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not
exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not
+exceeding ten thousand dollars($10,000),or by both such imprisonment and fine.
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 6y.
BOARD AC'T'ION: ,JANUARY 071 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
t�aTFR Pursuant to Government Code Section 913 and
f 915.4. Please note all x Wnrninae"
AMOUNT: $5,000. SEC 0
COUNTY COUNSEL
CLAIMANT: DON RAYMOND GRANT € ARTIN CAI-IF.
ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 02, 2002
ADDRESS: MARTINEZ DETENTION FACILITY BY DELIVERY TO CLERK:ON: DECEMBER 02, 2002
T - #12
901 COURT STREET, BY MAIL POSTMARKED: NOVEMBER 27, 2002
MARTINEZ, CA 94553
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWE ;Clerk
Dated: DECEMBER 02, 2002 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(4�his claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( } Other:
Dated: B `3--' By-
By: �`� -�= � % ' Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
(x) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: JANUARY 07 , 2003JOHN SWEETEN, CLERK, By - Z. , 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: JANUARY 08 2003 '✓
JOHN SWEETEN, CLERK By Deputy Clerk
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: JANUARY 07, 2003
Claire.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: $5,004.
CLAIMANT: DON RAYMOND GRANT
ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 02, 2002
ADDRESS: MARTINEZ DETENTION FACILITY BY DELIVERY TO CLERK ON: DECEMBER 02, 2002
T - #12
901 COURT STREET, BY MAIL POSTMARKED: NOVEMBER 27, 2002
MARTINEZ, CA 94553
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWE &� erk
Dated: DECENBER 02,2002 By: Deputy
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
{ ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
{ ) Other:
Dated: BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV, BOARD ORDER: By unanimous vote of the Supervisors present:
( ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Bated: JOHN SWEETEN, CLERK, BY , Deputy Clerk
WARNING(Gov. code section 913)
Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: JOHN SWEETEN, CLERK By Deputy Clerk
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
s
INSTRUCTIONS TO CLAMANT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing
crops and which accrue on or before December 31, 1987, must be presented not later than the 100 'day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.),
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors,rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity. .
E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
RErr
Against the County of Contra Costa or }
k
District)
(Fill in name)
1
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of S y_ `:k'<n : 'and in support of this claim represents as follows:
1. When did the damage or injury occur?(Give exact date and hour)
}
2. W"fhere did the damage or injury occur.?(Include city and countyq;) t f�
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3. How did the damage or injury occur?(WNve full details;use extra paper if required)
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TORT CLAIM
"
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: ,JANUARY 07, 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. i notice of the action taken on your claim by the
�14 1 Board of Supervisors.,(Paragraph IV below), given
ter;} d
Pursuant to Government Code Section 913 and
`' }" 915.4. Please note all"Warnings".
' � NTY COUNSEL
AMOUNT: UNKNOWN �vlARDNEZ CALIB
CLAIMANT: MYRTLE V. JONES (JOHNSON) AND MOSES JONES, SR.
FOR MOSES JONES, JR.
ATTORNEY: F. ANTHONY EDWARDS DATE RECEIVED: NOVEMBER 22, 2002
ADDRESS: SEIBEL, PINTA & EDWARDS BY DELIVERY TO CLERK:ON: NOVEMBER 22, 2002
1850 MT. DIABLO BOULEVARD, STE. 650
WALNUT CREEK,, CA 94.596 BY MAIL POSTMARKED: NOVEMBER 21, 2002
FROM: Cleric of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claire.
JOIN SWEETS , Cjgrk
Dated: NOVEMBER 25, 2002 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(,)''This claim complies substantially with Sections 910 and 910.2.
{ } This Claire 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: f - Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
{ ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
( } Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
JANUARY 7 2003
Dated: ' JOHN SWEETEN, CLERIC., 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.
Da#ed:JANUARY 8 , 2003 JOHN SWEETEN, CLERK By y Deputy Clerk
- y f
TORT = CLAS
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: JANUARY 07, 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
Beard of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
915.4. Please note all"Warnings".
AMOUNT: UNKNOWN
CLAIMANT: MYRTLE V. JONES (JOHNSON) AND MOSES JONES, SR.
FOR MOSES JONES, JR.
ATTORNEY: F• ANTHONY EDWARDS DATE RECEIVED: NOVEMBER 22, 2002
ADDRESS: SEIBEL, FINTA & EDWARDS BY DELIVERY TO CLERK ON: NOVEMBER 22, 2002
1850 MT. DIABLO BOULEVARD, STE. 650
WALNUT CREEK, CA 94596 BY MAIL POSTMARKED:
_I1�EMB 21, 2002..
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETE k
Dated: NOSE 25, 2002 By: Deputy-
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
{ ) This claim complies substantially with Sections 910 and 910.2.
{ } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
{ ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
{ } Other:
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( } Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
{ } This Claim is rejected in full.
{ } Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: JOHN SWEETEN, CLERK, By ,Deputy Clerk
WARNING(Gov, code section 913)
Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: JOHN SWEETEN, CLERK.By Deputy Clerk
SEIBEL, FiNTA & EDWAR.DS
A LIMITED LIABILITY PARTNERSHIP
Phone (925) 947-1600 ATTORNEYS AT LAW Fax (925) 947-1990
1850 MT. DIABLO BOULEVARD
SUITE 650
WALNUT CREEK, CA 94((596
GtYldl}P 8`�(1.YCI'G'iid:G"�C1.%ypt7{:KFt 1.i t.6'<>X47
F. ANTHONY EDWARDS
November 21, 2002
BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
651 Pine Street
Martinez, CA 94553
Re: Tort Claim ofMyrtle Myrtle v. Jones (Johnson) and Moses Janes, Sr.,parents of decedent
Moses Jones, Jr.,for Incident Occurring on September 4, 2002, Pursuant to
Government Code §911.2 and §905
Ladies and Gentlemen:
I have been retained by the parents of the decedent, Moses Jones, Jr., to represent their
claims for the wrongful death of their son as a consequence of your employee's conduct.
On November 1, 2001, a Superior Court Judge, unconditionally released mental inmate
Karl Robertson from the county's Conditional Release Program ("CONREP"), over the
objections and against the recommendation of Frank Chooi, Ph.D., CONREP's Mental
Health Clinical Specialist. In releasing Mr. Robertson, the judge relied on the
recommendation of a DOE mental health therapist, who at the time was employed by the
county. This DOE county employee made a recommendation to unconditionally release
Mr. Robertson, which conflicted with Dr. Chooi's recommendation that Mr. Robertson
not be released because he posed an imminent danger to himself and others. Dr. Chooi
had diagnosed, managed and treated Mr. Robertson after his hospitalization and
admission to CONREP in 1999. The DOE county employee, gave his recommendation to
unconditionally release Mr. Robertson from CONREP, without then diagnosing,
managing and treating Mr. Robertson.
Board of Supervisor
Page 2
Once Mr. Robertson was released, his mental health had to be periodically assessed by
county mental health employees and he had to be periodically monitored, to ascertaining
that he was taking his medications as prescribed, to insure that he would not lapse into
insanity.
Less than two years after his unconditional, unmonitored release, on September 4, 2002,
Mr. Robertson, shot and killed Moses Jones, Jr., while having a psychotic episode. It is
the contention of Mr. Jones parents that the acts and omissions of county employees lead
to the death of their son.
Mr. and Mrs. Jones claim have merit. In Tarasoff v. Regents of University of'California,
17 Cal.3d 425, the court held that defendant therapists (not the Regents) were not immune
from liability for the alleged omission of their ministerial duty to warn their patient's
intended victim of her danger. (Id., at pp. 444447.)
In interpreting Tarasof.f; other courts have held that once a therapist does in fact
determine, or under applicable professional standards reasonably should have determined,
that a patient poses a serious danger of violence to others, he bears a duty to exercise
reasonable care to protect the foreseeable victim of that danger. While the discharge of
this duty of due care will necessarily vary with the facts of each case, in each instance the
adequacy of the therapist's conduct must be measured against the traditional negligence
standard of the rendition of reasonable care under the circumstances.Accord Cobbs v.
Grant (19 72) 8 Cal.3d 229, 243; 104 Cal.Rptr. 505, 502 P.2d 1. As explained in Fleming
and Maximov, The Patient or His Victim: The Therapist's Dilemma (1974) 62 Cal.L.Rev.
1025, 1067: 't. . . the ultimate question of resolving the tension between the conflicting
interests of patient and potential victim is one of social policy, not professional expertise.
. . . In sum, the therapist awes a legaLduty not only to his patient, but also to his
patient's would-be victim and is subject in both respects to scrutiny by judge and
jury.W1
We are of the opinion that the DOE therapist breached the legal duty owed the decedent,
and is therefore liable for his wrongful death at the hands of the mental ward of the
county, Mr. Robertson, because the DOE therapist made a recommendation to
unconditionally release Mr. Robertson, without examining or diagnosing Mr. Robertson's
condition and without implementing any method of monitoring Mr. Robertson, to
periodically evaluate his condition and ascertain that Mr. Robertson was taking his
medication. This duty imposed on the DOE therapist, did not require a specific threat
toward Mr. Jones from Mr. Robertson.
Board of Supervisor
Page 3
As a consequence, we hereby make this claim against the county for the wrongful death
of Mases Jones, Jr. By this letter, demand is made upon the county to pay and
compensate Mr. and.Mrs. Jones for the loss of their son and for their emotional pain and
suffering. Kindly consider this claim to be made pursuant to Tart Maims Act embodied in
Govt. Code §911.2 and §905, on behalf of Mr. and Mrs. Jones. I await your response
within the statutory time as stated in the Government Code.
If you believe that you are not the proper public entity entitled to receive this claim,
kindly advise me promptly of your position. Should I not hear from you promptly, I will
assume that you are the proper public entity, and that you are considering this claim for
determination.
Call me if you have any questions or concerns regarding this matter.
Ve truly yours, ,f
T ONY A
FA /nlb
cc: Mr. & Mrs. Jones
Web Page:www1awyers.coin/edwards
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION;JANUARY OT,, 200
Claim Against the County, or District Caverned 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. r , notice of the action taken on your claim by the
Board of Supervisors.'...(Paragraph IV below), given
Pursuant to Government Code Section 913 and
4 €01i' 915.4. Please note all"Warnings".
AMOUNT: $173. 86 0,0UNTY CC)UNSIA
.NARK INE CALIF,
CLAIMANT: BRADLEY HUNTER TAYLOR
ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 26, 2002
ADDRESS: 136 CORALFLOWER LANE BY DELIVERY TO CLERKON: NOVEMBER 26 , 2002
SAN RAMON, CA 94583
13Y MAIL POSTMARKED: NOVEMBER 25 , 2002
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETEN,MIrDated: NOVEMBER 26 , 2002 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( his claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.$).
( ) 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: ' By: ^. „ Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
JANUARY 07 2003
Dated: JOHN SWEETEN, CLERK, ByAAkwk 1,- Deputy Clerk
s
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.
JANUARY O� 2003
Dated: JOIN SWEETEN, CLERK By - = Deputy Clerk
CLAIM
BOARD OF SUPERVISORS OF CONTRA CO TACOUNTY
BOARD ACTION:JANUARY 07, 200
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: $173.86
CLAIMANT: BRADLEY HUNTER TAYLOR
ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 261 2002
ADDRESS: 1.36 CORALFLOWER LANE BY DELIVERY TO CLERK ON: NOVEMBER 26 , 2002
SAN RAMON, CA 94583
BY MAIL POSTMARKED: NOVEMBER 25 , 2002
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETEN, 1 r
Dated- NOVEMBER 26, 2002 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
� ) This claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAIL; to comply substantially with Sections 910 and 910.2,and we are so notifying claimant. The
Board cannot act for 15 days(Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( } Other:
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
( } This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: JOIN SWEETEN, CLERK., By , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: JOHN SWEETEN, CLERK By Deputy Clerk
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA CO=
INMUCTIONS TO C TLADWTr
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 actio for death or for injury to person
or to personal property or growing amps and which accrue on or 'after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its .office in
Room 106, County Administration Building, 851 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the n rPe of the District should be filled in.
D. If the claim is against more than one public entity, separate claims =st be
filed against each public entity.
E. ' Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this
form. YY Y
RE: Claim By ) Reserved for Clerk's filing stamp
M6011__Iyi 1? 14'VL O/Z
}
Against the County of Contra Costa )
or )
District)
Fill in nave ° )
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 1-7,3._ E6 and in support of
this claim represents as follows:
1. When raid the doge or injury occur? (Give enact date and 'hour) C7Si4-"�
2. -Where did the or injury oe ur? (Include city and county)
W l Ler,i""f"e TY�D l 'l��Z,%rl�G L7C lJ /5 ,�°�r't�eX`✓ / t G G'C?�=l /mac �7
3. How did the . ge or injury occur? {Give full details; use extra paper if
required) / / i t C t va 00616---IC--127_X' .1"? C><i'r/ ✓i- �'
v&V601-1Ln Lyz Zx-//y 2
4. What particular act or omission on the part of county or district officers,
servants or .employees caused. the injury or ? _
,� �4. L�-G�•/trr;���".r"c.,�✓L'...T'rc�F�Y` --''��'S��� %�'�'. r'L"!'`c �� �l"�10'C:' F'G�G �'�s�`,�
tiover)
what 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. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
3. Names and addresses of witnesses, doctors and hospitals.
Alol
9. List the expenditures you made on account of this accident or injury:
}ATE 'ITEM AMOUNT
,/�70 Z-
Gov. Code Sec. 91M p vides:
"The claim must be si d by the claimant
SEND NOTICES TO: (Attorne ) or __byperson S. behalf."
Mame and Address of Attorney
aiman is gnature
oalelz
�Address�
Telephone No. Telephone No.
* *
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, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than erne-year, by a fine of not exceeding
one thousand ($1,000), or by both such i.morisonment 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.
CLAIMr
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION-. JANUARY 07, 20103
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: $7,000. ' DEC 0
CLAIMANT: EDWARD L. TURNER COUNTY COUNSEL
t0f-3TINEZ CALIF.
ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 02, 2002
ADDRESS: M.D.F.C.-MODULE, ROOM #5 BY DELIVERY TO CLERK ON:DECEMBER 02_,_2002
901 COURT STREET
MARTINEZ, CA 94553 BY MAIL POSTMARKED: NOVEMBER 27, 2002
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETS , Clerk
Dated: DECEMBER 02,..2002 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 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: ' `�`2�- By:` `7 44& Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
{ } Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
{x This Claim is rejected in full.
{ ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: JANUARY 7 , 2003 JOHN SWEETEN,CLERK., By A __ A,46_ , 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: JANUARY 8 , 2003 JOHN SWEETEN, CLERK By _4 Deputy Clerk
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing
crops and which accrue on or before December 31, 1987, must be presented not later than the 10&day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
Against the County of Contra Costa or )
0 2 20"
�: •� ;.�'.f sY k � � �" ,, � :.District) t T-•-- .�....,
(Fill in name)
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of SY < and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour
2. Where did the damage or injury:occur? (Include city and county)
y.
3. How did the damage or injury occur? (Give full details; use extra paper if required)
c r
Ile
S !
v
{ t
4. What particular act or omission on the part of county or district officers, servants, or employees caused the
injury or damage? ,{; : .:. .. f ..' -
C V
p }
5. What are the names of county or district ocers, servants, or employees causing the damage or injury?
+
fi. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach
two estimates for auto damage.) b:
�y T
7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or
damage.)
T.
8. Names and addresses of witnesses, doctors, and hospitals.
• Y
9. List the expenditures you made on account of this accident o injury.{' b f ...
DATE TINE AMt7UNT
} Gov. Code Sec. 910.2 provides "The claim must be
}
SEND NOTICES TQ- (Attosigned by the claimant or by some person on his behalf"
rney
Name and Address of Attorney )
{
-'(CIaimant's gignature)
{
(Address)
t
.CTS
Telephone No. No.
p Telephone No
NOTICE
Section 72 of the Penal Code provides:
Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any
county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account,
voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not
exceeding one thousand($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.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY /
BOARD ACTION: JANUARY 07, 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
271 , D Pursuant to Government Code Section 913 and
915.4. Please note all"Warnings".
AMOUNT: $55,000. 2_�a2
COUNT'COUNSPL
CLAIMANT: FRANK P. NAT-ALE iMAR i INEZ CALL-F,
ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 27, 2002
ADDRESS: 1300 BARBIS WAY, BY DELIVERY TO CLERK ON: NOVEMBER 27, 2002
CONCORD, CA 94518-1218
BY MAIL POSTMARKED: NOVEMBER 26, 2002
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETEN, Cle
Dated: NOVEMBER 27, 2062 By: Deputy
II. FROM: CountyCounsel TO: Clerk of the Board of Supervisors°
( 'I`his claim complies substantially with Sections 910 and 910.2.
{ } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant.The
Board cannot act for 15 days (Section 910.8).
( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( } Other:
Dated. `` 'C� �'` '
By: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
(X� This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated:JANUARY7 , 2003 JOHN SWEETEN, CLERK, By 4 , 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: JANUARY 8 , 2003 JOHN SWEETEN, CLERK.By s Deputy Clerk
3 IL/
Claim
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31: 1937,
must be presented not later than the 100th day after the accrual of the cause of,
action. Claims relating to causes of action for Meath or for injury to person
or to personal property or growing camps and which accrue on or after January 1,
1986, 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 §911.2.)
B. Claims mast be filed with the Clerk of the Board of Supervisorsat its .office in
Room 106, County Administration Building, 651. Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. ' Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this
form.
RE: Clain By ) Reserved for Clerk's filing stamp
RECEIVtu
I c '3 09 t "s VAI Ccs cox 04 ---
Against T.7e County of Contra Costa )
or NOV 2 7 2002
District) CLERK BOARD 01 SUPERVISORS
CONTRA COSTA CO,
Fill in name )
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of �` d� �- � din support of
this claim represents as follows:
I. When did the damage or injury occur' (Give exact date and hour) _
13
2. Where slid the damage or injury occur? (Include city and county)
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
4. 'ghat particular act or omission on the part of county or district officers,
searvants or.employees caused. the.injury err.damage?
(over)
�. Wrlat are the names of county or district officers, servants or employees causing
the damage or injury?
6. ghat damage or injuries do you claire resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage. ������7- ��,� L
l�A D
7, How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
$.
Names and addresses of witnesses, doctors and }Jospitals.
'eA �kWw> S �C
g. List the expenditures made on account of this accident or injury:
DATE AMOUNT
Ro LC'
* . * *rovides*
Gov. Code Sec. 910:2 P the claimant
"The claim must be signed by
SEND NC7TICES 'i'0: (Attorney or by some person on his. behalf."
Name and Address of Attorney
Claimant's Signature
Address
�, "Telephone No.��25� e 2
Telephone No. � * * �
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 yea"+ by a fine of not exceeding
one thousand ($1,000), or by both such impris nnment. andel fine, sb($10 001000, or byin
tten he state prison, by a fine of not exceeding
both such imprisonment and fine.
Frank Natale
1300 Barbis Way
Concord, California 94518-1218
(925) 827-2562
November 25, 2002
Mr. Ted Brasier
Contra Costa County Animal
4849 Imhoff Place
Martinez, California 94553-4393
Re: Docket: M 956255-4-01
Citation: 22-1146984
Dear Mr.Brasier
I placed a few calls to you about this incident some weeks ago but to no avail.
Basically, Officer Reedy orchestrated an inappropriate harassment,
On 6/5/02 at 1:50pm I finished up filling gas at the Costco station, I then drove over to the
P-arki-ng lot, p;rkcd my tn.1ek unds r a sn-rili trcC, and I i,-.t my lardy dog(Doberman)out to relieve
him:scifin the upcn x cld. Since he was partially drugged he nc;ed assistance. When I put him back in
the truck,a lady and her soa-i, we rc malting a big poihi that ai-ty clop was wall-Ling lunrly. I exp lainf,"d
to her that we were on are.way to a 3 (0pn- k4y d'`t., was,to bl-bavif*;a
t a,nor i'canovcd ftom his hip, and lie was pro-dr(i ged. This lady kept making remarks ....that aren't
Dobermans fnean. .....anel"p 3€m)le ssarrulrA0 lzeme clogs like him, til€— I thanked the lady for
comments and my worker and I walked away to go to the Costco food court to buy a hot dog and
coke,at about 2:1{fpm.
When we returned to my truck,at 2:301 saw my dog on a I ft chain,comneeted to thk-
bumper. He was breathing hard,and his paws where beim L :rned by tl c:black asf:l,a.lt. ITo lid burst
marks on his back from the exhaust pipes.
When I tried to relieve my dog from the situation, officer Reedy refused to allow me to help
:qty .l._.g. She txx. ,,Innc vciy belligerent, and had me stand next to the side of my truck while she
t'or it"girmil cx)ntrol -1-, )fervi or.
I tried on mimerotrs ocCasio ns to help my dog,and I tried to explain to officer Reedy,that
my dog was drugged but he did not want to hear from me ,and told me if I moved one more time
from the side of the truck,that she was going to have the Concord Police arrest me.
l iii bc1-11 'de'lained by the side of the rulck, -aad arty clog was chained under the bumper of
the tr, 6; �
'. r°urn 14::3 f.� to 15'0��3n, F� €�;IE�1 ��1'�I�; mins. 1 `o-od t1ii�lt �;a
�r�: ,�r, � each of the Costco
managers walking by,each recognized me. I was hurcailiata d,and embarrassed. 1 also had Im.,siness
clients walk by who were in awh that I would do such a thing, .....to chain my dog down on the hot
asphalt.
i;y t3$ .i ?4;c;'., 'a(z E,Iti�s; I:t3 '.:ty {a'tt ;t'2'y •. I1'?Y?..,.Yst[>s3 ts)t T31y C1V11 rights have been
infringed upon
Please respond. I am very interested in what consequence Ms Reedy will face.
Thank you very much.
Sincerejy,
Frank Natale
SUPERIOR COURT OF CALIFORNIA; COUNTY OF CONTRA COSTA
SUPERIOR COURT, CONCORD
2970 WILLOW PASS ROAD, CONCORD, CAA 94519
925--646-5404
. WWW.CC-COURTS.ORG
THE PEOPLE OF THE STATE OF-CALIFORNIA, DATE: 09/25/02
VS .
FRANK PETER NATALE DOCKET: M 956255-4 01
1300 BARBIS WAY CITATION: 22 11.46984
CONCORD, CA 94520
NOTICE OF RENDITION OF JUDGMENT
TO THE ABOVE NAMED DEFENDANT:
JUDGMENT HAS BEEN RENDERED IN THE ABOVE ENTITLED MATTER A
FOLLOWS;
YOUR CASE WAS TAKEN UNDER SUBMISSION ON 09/23/02 .
YOU HAVE BEEN FOUND NOT GUILTY OF VIOLATING SECTION(S)
C 416-4 .402 ANIMAL AT LARGE
NO FURTHER, ACTION IS REQUIRED.
KEN TORRE
CLERK OF THE COURT
BY: M. STEINER
DEPUTY CLERK
FORM: NROJ/NG
Brent Martin DVM
HOUSE CALLS Veterinary Medicine
3411 Crane Way
Oakland,California 946021.2638 ,
(925)746-2676
August 12th 2402 ,.
TO:
Concord Division Mr: Ted Brasier
Superior Court of California AND Contra Costa County Animal
Services Dept.
2970 Willow Pass Road 4849 Imhoff Place
Concord,California 94519 Martinez,California 945534393
Re: Docket: M 9562554-01,Citation:22-1146984
Subject., Forensic review of Clog named Simba
To whom it maybe.of concern,
I declare that I am a 21 generation licensed Doctor of Veterinary Medicine,experienced
in all areas of animal husbandry. I have been the Natale family's Veterinarian for the better part
of ten years,treating their various domestic animals. During the past and present Mr.Natale
has and is an exemplary and attentive owner.
The incident for which Mr.Natale was cited was unfortunate,however this was poor
judgment to leave Simba in the Track,for any amount of time,it was though it was not illegal
since Mr Natale.had the foresight to leave the windows open.Furthermore he parked under a
tree,a sun visor was over the dashboard window,and a bowl of water was in the insulated truck
for the 20-30 minutes he was gone,there should had been no detrimental effect to Simba. Even
though I do not believe the forgoing and following is proper it is customary however for dogs to
be tied to a dog house in a back yard,with just a pail of water. It is ofmy personal belief that all
animals should be treated equally,therefore kept in an air conditioned environment,equal to their
master.
I submit that whomever tied Simba to the bumper of the pickup truck for the 90 min,on a
1 foot chain,on the hot asphalt,in the hot sun was placing Sumba,in greater harm than if he was
in the insulated truck with the4vindows down and the ambient temperature.
I have reviewed the Concord Police Report time log sheet and the Animal Control
Activity Cards.It clearly shows that the amount of time thatMr.Natale was away from Simba
was about 20 min,however the total time that police officer kept Simba chained to the hot
pavement was 97 min.If I was Mr.Natale I too would have been trying to free Simba,to place
him in a better location. The parties to the situation leaves me very confused.
• Being that they took Simba out of the truck then why didn't they make previsions for a
better environment rather that chaining him to the bumper in the hor sun and asphalt.
• 1 noticed Mr. Natale trying to explain; "That it was a mistake..."but I didn't notice any
notations about what Mr.Natale was trying to explain, (that the dog was under medical
care, and had been taking drugs).
Where was a suggestion that Simba was unconscious whea"rescued"from the truck. I
performed surgery on Simba to remove a malignant growth the following. He was on various
other drugs before the operation. There was no evidence of any affects or than the dog overheated
with any brain damage. There was however evidence that his foot pads had been burned from
the prolonged contact to the hot asphalt, and hot exhaust pipe, because of the 90 plus minutes he
was chained to the bumper in the hot sun.
In conclusion it is of my opinion that Simba is tine. Mr Natale may have made a poor
judgement, but he would never endanger Simba. Fortunately Simba is a very nice dog because of
Mr. Natale's training. I would surely hesitant to enter someone truck with a 110 pound
Doberman in it.
With the mild burns on Simba's feet and the risk the person that let Simba out took,
without placing him in cooler shaded area, I would say this person did more harm than that of
what Mr. Natale's actions did.
I will be seeing Simba again,since he is to be having follow up checks,and will be
scheduling radiation therapy at UC Davis.
To please the court"I declare under penalty of perjury that the foregoing above
statements where made to the best of my knowledge"
Sincerely
WtI
Brent C. MaCDZO/'J�l
R
r
Jun. 12 02 11;s7a
HOM CALLS 40AXLAND) IDEXX VUERIWAR'Y SERVICES
3411 CRANE WAY Callao rawlts At w w, tcounect.cuss
O"LAUD. CA 04= West "a ton -444-4210
East/C:&4"I/C Clam M-433-OW
PATIENT.* NATAI.E,SIMSA
REQ 1: 3708714 LAD 1: PZZIZ576
AGE: 6 SCO(: CM COLL1at=.- 06/WZ=
SPECIES:
CANI$m RWZI . W{ l= OZ:04
via. RATED: 06 y0/2R14:ZZ
WC70R.- MARTIN. R.
TEST1s RESULTS RULRDXX RANGE UNITS
BIOPSY (I t1swa)
S4d'OiJiSCURISTURY
LEFT MEDIAL THIGH.
MICROSMPIC DESCRIPTION CMGT 18EQUESTED.
DIAGNOSIS
LAit V 1CAS7 CZLL TUNA. MADE II
cORoT's
UMPLASTIC CELLS EXT ,ED TO VITHIN APPROXIMATOi V 2 C+M!C OF THE IOC
MARGIN AND 5 M OF ?HC CLWEST LATERAL XMIR. VHIU IIID f3MRSION
N ITATES GR+4C ING of THIS m As A PATHAIN C= 1f TCRMI?Ii, THIS
TUWJR I5 CYTCILccICALLY WEti O l"ZRI MTIATLsD Aw 1S R13ATIVELV SMALL. as
UIWl IT WAY HOUE b UTTER tOU1=Mf TNtAtC i'RE ICT'ED IN THE GO 101NAL
PATWAIX STUDY.
INTEMIATE CUM (PATRAIX QW1 11 Of f I I) MAST CELL TCP H
A HIGH PALM: OF RE"ClRICENCE. PARTYCULA I.V WHEN IiA=i V EXCISC I>i, VIDE
EXEISIDW WIy'f�H��t3t CM' S`C�J�3ICI AL MARGINS.Is IIS.AL Y11�°#:�C;r��,�Mt1,Tf1tW. =91INCE
IS CCIMCfCG1C1. �F TH LWALL A iit1310i.� SMICA. $In. 40 Karam
TO DRAINING LYSM MAY DC00.-IOtIT1ICCCAO;', SPREAD 1S P=IKZ WT
tJi>a'illi#GN. RAVIATION THERAPY HAS SEEM 8WW 70 SIG M1FICAIMTLi! iviour
DIS=-F= AMISSION TIMOR, PARTICUTARLY MEN THESE 111MORS ARE
I1+O WLETELY OR ORLY NARR[Ili#.Y Excisn T"IS = MAY u AT INCUASI:D
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6000 Potrero Ave, Bl Cerrito,CA 94530 " ` !\f ' f
(510)215-5101 Street t
4814 Broadway Oakland,CA- 94611 l soo j3I ''
(510)652-9822 City State ZIP _
W.�j 44CIQp AA) L4
f Pet Nance t Dog/Cat Breed _ ColorWt Sex Ago
� i 4� � �
_._..DHLP-P PCR(3 in 1 j(F VI _.. _ ..._.,.._..,. ._..,._.- ----Rabies(1 year)
_...Bordatella `-- C12-C+Leukemia(4inI+Leukemia) ab�ies(3 year)
.�....tither �ther ri L(tAp Ye{Lo ply !� . :—:5
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Pet?tame DogfCat....Breed..._ .-. .--- —Color Wt Sex Age
___.o DHLP-P —PCRO in l)(PVRCP) —Rabies(] year)
—Bordatella —PCR-C+Leuke ia(4inl+Leukemia) . Rabies(3 year)
,_..,.Other —tither
Pet Narno Dogicat Breed Color Wt Sex Age
._.,.,DHLP-P —PCR(3 in l)(FVRCP) _.w.,.Rabies(1 year)
__„Bordatella —PCR-C+Leukem ia(4in I+Leukemia) —Rabies(3 year)
...._...Other —Other
1?t' t t✓' {L b t GL t.S d?C Lt .. W46
LL'L z7
Veterinarian ;>`' "' Date "L 0 �Z''
CALL #.02156228
ENTERED 06/05/02 14 : 13: 36 BY CMP1/3062
5ISPATCHED 14 : 23: 16 BY DSP1/3119
ONSCENE 14 :27 : 10
CLOSED NAT 06/05/02 15: 10: 52 BY K91 (#0299)
TYPE: 597 (CRUELTY TO ANIMALS) PRIORITY: 2P ' t +�t ,`.. 7`"
GROUP: P1 BEAT:` 03 RD: 5700 MAP: J155835
LOCN: 2400 MONUMENT BL -- COSTCO (H)
NAME:
/1413 ENTRY /BRO DODGE PU OUTSIDE OF THE FRONT ENTRANCE -- THE COMP SAYS DOG IS I
N CAR AND IN DISTRESS - UNABLE TO LOCATE THE OWNER
/1415 HOLD . «
/1435 MISC (3062) , ANIMAL CONTROL ADVISED, WILL RESPOND
/1923 DISPV K91 #0299 PAUL DUCKART b 4cc V rJ-�qx&
/1427 *ONSCNE K91r
/1930 ,K91, IS26433,C. . . . d
/1933 K91,NATALE, FRANK„M, . 07131952. . . . . Li�L
/15137 K91, 2WBS364
/1510 *CLEAR K91 NAT , OWNER CONTACTED. . . .AC 97 AND CITED OWNER FOR COUNTY VIOLA
TION. . . . . DOG UP AND OK. . .R/O HAS NO PRIOR 597 CASES AND IS 26/VALID
/1514 *CLOSE C
ult
CONCORD POLICE DEPARTMENT
.�PATZTn1ENT
O ` CONTROLLED DOCUMEM'
UJ-'4 Released to. 49
l 8�
r
CONTRA COSTA COUNTY
ANIMAL SERVICES DEPARTMENT
NOTICE TQ-A FAR Nol. 1.4 6.9 8 4 �
DATE TIME A M.
!. -;' I- 20"i.l _. ontrol Ordinance Is provided for your review All Contra Costa animal
NAME iFtRST,MIODL€.LASTI
RESIDENCE ADDRESS CITY
BUSINESS ADDRESS CITY
"::pontrolling any animal shall allow such animal to be at large
DRIVER'S LICENSE NO, STATE BIRTH DATE, ' TSaf which either'
SEX HAIR EYES HEIGHT WEIG14T OTH R DEB. » .K tive restraint by a l4ash, or
"+y{ is or rats, is not.in the immediate presence and undet the effective
DESCRIPTION OF ANIMAL BREEDJ��A JAGE [S9Z LICENSE NO..
01Z it other public place, not set aside for such tethering or leashing fora
" ;1�< :~In -.u--!*.a way as to block a public walkway or thoroughfare: or.
OFFENSE(S)NSE;s; lie present on private property or in any public,building v,,irhoot the
SECTION 416-6.0 02 'FAILURE TO LICENSE'
-SECTION 416.4.402 ANIMAL AT LARGE'4:1>a(W(,z�� pacity to injure persons or property: or
BOOKING )thor animal or person unless such animal or person has entered the
OTHER '- REQUIRED.
LOCATION OFFENSE(S)COMMITTED pssession of the person owning or controlling the offending animal
n,3 ;Iy is property fenced and posted as to the presence of the offending
---7 OFFENSES)NOT COMMITTED IN MY-PRES& CE.C>ft�TIF-DON - RMA ION ANLL
' BELIEF. by or in the possession of. the person owning or controlling the animal
CEPTIPY UPrDER PZNAI TV.JD€PEPJURY THAT T31€nM0OW3 MTF E AND E XFCVT€D ON THE DATE ' (tag,or
SYOWN A80VE AT
Its care
SSUiNG OFFICER: r
OFFICER'S DAYS OFF: M T w TN F 5 S VAC
NAME of ARRESTING OFFICER.IFOwF€RENTFf1OMABOVE d to be under restraint by a leash when, the dog has not strayed from
. Y> possession of,the person owning or controlling the dog
WITHOUT ADMITTING GUILT,I PROMISE APP AT a'THE ~ifs ANC3 PLACE
CHECKED BELOW: ,r t ;s ch acts such as herding under the control and supervision of
X SIGNATURE: or!.a white Derforminq his duties. A hunting obedience, tracking. or
OWNER OR CUsrooiAN OF AsovEIESCRIBED ANIMAL ehiie performing In the above. capacities. Logs being exerosed uncier
designated for animal exercise shall not be considered at large.
BEFORE A JUDGE OF THI=: MUNICIPgi..POURT JU9VE COURT
t
OF
AT ' t- JUDICIAL DISTRICT is and cats In heat and for the purposes of the Food and Agricultural
:ide a house. vehicle,or other secure enclosure adequate to prevent
4DDRE55 CITY
OF THE DAY OF " '".'s, 2G4• fiIM
-0A1.i APPPOV€D EY THE Jttp1C1AL EZzal -CM3FORNIA. SE
i•W-77 P.C.853.9 AF-10 PEVI&ED&W
(t) A dog or any other animal in or upon a vehicle is deemed to be upon the property of the operator of such
vehicle. No dog or any other animal shall be transported on any public thoroughfare in any vehicle unless
such dog or animal is totally enctased within such vehicle,within a secured container carried upon such
vehicle,or security cross-tethered to such vehicle in such a way as to prevent a failing out or off such
vehicle, and to prevent injury to the animal.
(21 No dog or any animal shall be left Completely enclosed in a parked vehicle without adequate ventilation. or
in such a wry as :o subject the an -nal t-:tempemiures sufficiently above ambient to affect the animal's
health and welfare.
=7 rs..3.A04 Abandonment. No owner of an animal shall abandon it.
State and County regulations require vacc4na+tion and licensing of all dogs within 30 days of reaching 4 months of age All dogs
of_,i I months of age must also be licensed within 30 days of entering Contra Costa County.
Con!;a Costa County requires that license renewals be paid within 60 days of the previous license expiration date. The
PE.f"11 I Y FEE 's payable if your prat has not been licensed in accordance with the above requirements Where are no refunds
,,;;-:_ _ pei license has been issued.
_PrWomia health and Safety Code regulations prohibit Contra Costa County from issuing a pet license with an expiration date
exteriding beyond the rabies vaccination expiration date It you have any questions,please calf(925)646.2958
•` 982(a} 15,1}
jATTORNEY OR PARTY WTK0UT ATf ORNEY INami,st11r ,ba MMbtr,W addwsj. 1:0A COUR r USE ONLY
TELEPHONE NO.: 7+�' G AX .'NO. ,gZ s - J92, - e s S~ SEP 1 2002
ATTORNEY FOR Wanwt P'li;-C "'P.9^,
K.TORRE,CLRK OF THE COURT
{ NAME OF COURT.' �,{ P x.05 r Z yc.'i=. �'4 , , sur��R►t�R C*OVRT tri ate sr F CALIFORNIA
j STREET ADDRESS: �_� �Cf3NC(3R[�
Pr S5 Vic{ ,� -.-- .�U'Work{
MAILING ADDRESS: L4 / t 4}
C Tf AND zip CODE: GS` T ` 7
{ BRANCH NAMC C %;� C)tz i 7 C � r'T
r � � r 5 w 7
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CIVIL.SUBPOENA(DUCES TECUM)for Personal Appearance CASE NUMBER:
and Production of Documents and Things at Trial or Hearing
AND DECLARATION
THE PEOPLE OF THE ST E F CALIFORNIA,TO.(name,.address,and telephone number of witness,if'known):
OR ► -
'�. � C� Y���u roc��`' 'B L v�,y CGS c�, �.�- �`��
YOU ARE ORDERED TO APPEAR AS A WITNESS In this action at the state,time,and place shown In the box below
UNLESS your appearance Is excused as Indicated In box 3b below or you make an agreement with theperson named in
item 4 below. G 0 t.i,+V- >✓tr 0- ,G G 5 -+' c/"
a. Date: '�� ` ti e: r 0 = Dept.: [� Div.: � Room:
b. Address:
2. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS
UNDER CODE IJP CIVIL PROCEDURE SECTION 1885.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS
SEEN SERVED ON YOU,A COURT ORDER OR AGREEMENT OF THE PARTIES,WITNESSES,AND CONSUMER OR
EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE
RECORDS,
3. YOQ ARE(iters a orb must be Checked).
a. Ordered to appear In person and to produce the records described in the declaration on page two or the attached
declaration or affidavit.The personal attendance of the custodian or other qualified witness and the production of the
original records are required by this subpoemi,The procedure authorized by Evidence t;ode sections 1560(b), 1561, and
1562 will not be deemed sufficient compliance with this subpoena.
h. [� Not required to appear In person if.you produce(i)the records described in the declaration on page two or the attached
declaration or affidavit an'd(1I)a completed declaration of custodian of records in compliance with Evidence Code sections
1560, 1561, 1562,and 1271. (1)glace a copy of the records in an envelope(or other wrapper). Enclose the original
declaration of the custodian with the records.Seal the envelope. (2)Attach a copy of this subpoena to the envelope or
write on the envelope the case name and number,your name;and the date.time,and place from item 1 in the box above.
(3)Place this firstanvelope in an outer envelope,seal It,and mail It to the clerk of the court at the address in item 1. (4)
Mail a copy of your declaration to the attorney or party listed at the top of this form.
. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE YOU ARE TO APPEAR,OR IF YOU WANT TO BE CERTAIN
THAT YOUR PRESENCE IS REQUIRED,CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE
TO APPEAR:
a. Name of subpoenaing party or attorney:irRA-A-4 . 1V W 1. b. Telephone number: '?ZS
5. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways,as provided by law,If you request them
at the time of service.You may request them before your scheduled appearance from the person named In Item 4.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNIS EMPT'BY THIS COURT.YQU WILL ALSO BE LIABLE
FOR THE SUM O FV NDRED DOLLARS A1+W` SUL7INO FROM YOUR FAILURE TO OBEY.
Date issued: ,� .•; " +''
�y � s
+ AERSON ISSUING SUBPOENA)
e �
(Declars4 '&WppOIt of rev Page one o[thms
Form ArinCao► cow0eyua. CIVIL.SUBPOENA({D� UCE � SONALAPP ARANCi ccd.ofc"Nc-ek ,
aAyf u 1)t l+ �1 T000I AND PRODUCTION TS AND THINGS- � s lass./:w.
AT TRIAL OR NEA D DECLARATION
Contra Costa County Activity Card Animal Services
,4emo: I informed NATALE what the citation was for and asked him to sign it. He stated he would not sign the
citation until I made the notation that the vehicle windows were open about 3 inches. I informed him that I
would not alter my citation and that the information will be noted in my report not on the citation itself. I
asked him again to sign and he stated "the natation shoud be made about the windows first". I asked him if
he was refusing to sign the citation at which point Officer FUENTES told him that the information about the
windows would be placed in the report only not on the citation. AT this point NATALE signed the citation in
my presence and I gave him a copy of the cite and his CDL back along with a copy of the county ordinance
under which he was cited. I again advised him to take his dog to a v�,,Las soon as possible. NATALE stated
the dog was "fine" and that it was "just a mistake". He went on to tell me that he would take him home and
put water on him. At this point Officer FUENTES and Officer DUCKART left the scene. As I was
proparing to leave I looked back and SIMBA was once again in the truck with the windows only 3 inches
down and the owner was talking to someone about five cars away. I advised him to take the dog straight to
the vet or home and get him out of the sun and out of the truck. S. Reedy
— — u "7—ft7
06/05102-I arrived on scene and Officer Reedy advised me of the situation. I observed Simba lying underneath
the owners vehicle in the shade and a water tub filled with water in front of the dog. I called out to the dog
and it got up and came to me. It's f was dr the touch, ►ums were rsink and it was coherent. The dog was
panting. The dog responded to comman s. I had the dog lay back down under the vehicle. I hen spoke with
the officer on scene, K-9 Officer Duckart and he told me that the dog was already out of the vehicle when he
arrived. He did not observe the dog unconscious, but did observe the dog panting. He stated he was not going
to be pursuing 597 larges. Officer Reedy cited the dog owner for 416-4.402(Animal at large inisdde vehicle
withou ro er ventilationl. I advised her that based on the dogs current status we(ASD) would not b--e
pursuing 597 charges.
The dog owner, Frank Natale was advised of animal cruelity laws and I instructed him to take the dog to the
vet immediatly. KFuentes
Contra Costa County � ' Activity Card animal Services
,demo: 06/05/02 @ 1510 I was detailed to a priority of a dog lacked in car in a brown dodge pickup in front of the
COSTCO at 2400 Monument in Concord. I was further advised that Concord PD would also be responding
for a forced entry if necessary. I responded from Bates Drive in Concord and my response time was
approximately 5 to 6 minutes with traffic. Upon arrival I was met by the Concord K9 officer DUCKART
who was detailed to the call as well as the two COSTCO Loss Prevention Supervisor DOUGLAS GERBER
and RICKEY CASIMERE- Loss Prevention Agent(925-566-4003). The dog owner later identified as
FRANK PETER NATALE was also present and standing by the rear of his vehicle, the brown dodge truck.
Under the rear of the dodge truck in the only available shade patch j witnessed a black doberman pinscher
type. dog (later identified as SIMBA) laying there with a plastic pail of water in front of him. I went to check
on his status and well being and observed the following: the dog was panting excessively, his fur was very
damp to the touch, he had a slight froth left on his mouth his foot pads were very warm to the touch. His eyes
were clear, and he was alert and he appeare to know I was touching him however his eyes were fixated with
little reaction. I then began speaking with Officer DUCKART who told the the following. Officer
DUCKART had told me that the dog owner was clear of wants and warrants and that when he arrived on
scene the dog was already out of the vehicle and under the bed of the truck in the shade patch. At this point
in tithe GERBER and CASIMERE interrupted the officer and stated they had removed the dog from the
vehicle because they believed he was dying. I asked thein to wait just a minute and I would speak with them
and proceeded to speak with Officer DUCKART who asked if I wished him to effect an arrest for this
incident. At this point the dog owner proceeded to place the dog back into his vehicle. He was ordered by
Officer DUCKART to leave him in the shade. I proceeded to concur with LT. GAMEZ as to whether or not
a 597Penal Code violation could be initiated by a cite from our agency or if Concord',needed to do this. I was
advised that senior Officer FUENTES would be enroute to take control of the scene. While waiting for
Officer FUENTES, I collected the dog owners CDL from Officer DUCKART and proceeded to prepare a
citation and left the cite section blank until she arrived.
Contra Costa County Activity Cara Animal Services
N,lemo: I then took statements from GERBER and CASIMERE who stated the following: They had been alerted to a
black dog locked in a truck and located him in the parking lot. COSTCO AGENT GERBER AND
CASIMERE told me that when they found him in the vehcile the dog was "laying can the seat, foaming and
totally unresponsive". GERBER opened the vehicle via an unlocked door and retrieved the dog with the help
of his associate. I was told by GERBER that the dog was "limp and like a rag doll". GERBER further stated
that the two of them with the aid of the other loss prevention agents poured water over SIMBA for 10-15
minutes before he regained conciousness. SIMBA then regained conciousness for a brief period and passed
out again. At this point in time GERBER and CASIMERE told me That they worked on cooling and reviving
SIMBA for a good 25 minutes before animal control and pd arrived. Several times while I was taking
statements from GERBER and CASIMERE the dog owner approached me and stated that this was all a
"mistake" and it was" a very big mistake". I spoke with the dog owner FRANK PETER NATALE CDL
N5653397, 1300 BARBIS Way - Concord. NATALE repeated the statements that it was "a mistake" and that
it was "not that hot, the car windows were open". I informed him that it was too hot since dogs don't sweat
forSIMBA to be left in a car in the sun. At this paint Officer FUENTES arrived on,scene and I informed her
of the two statements from the security personnel and the time duration that they stated they worked on
reviving the dog. I asked Officer FUENTES if we could take SIMBA to the vet and she went to check him.
SIMBA stood up for her and she began speaking with Officer DUCKART. While she was speaking with
Officer DUCKART the dog owner once again attempted to place the d
back into his vehicle and Officer FUENTES told_ im to eave im in the shade. At this point I observed
SIMBA staggering while walking from the front tot the rear of the truck. I told Officer FUENTES that
SIMBA was staggering and she stated he"appeared o.k.". I asked if he should be taken to a vet and she
advised the dog owner NATALE to have him seen by a vet. I asked if this incident would proceed as a 597
penal code and she stated that since we did not onview the dog in an unconcious state we would probably not
go that route. I advised her of my intent to cite for 416-4.402(Animal AT Large - in vehicle without proper
ventilation). Cont.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �J
BOARD_ACTION:JANUARY 07<�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
f �2 Board of Supervisors. (Paragraph IV below), given
1 Pursuant to Government Code Section 913 and
. € 915.4. Please note all "Warnings".
_C.,
AMOUNT: $3,935.27
ERIC PECO FOR: N4AFIT?FEZ`ZF�A
CLAIMANT: PARKSIDE ELEMENTARY SCHOOL
ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 04, 2002
ADDRESS: 985 W. 17th STREET, BY DELIVERY TO CLERK..ON: DECEMBER 04, 2002
PITTSBURG, CA 94565
BY MAIL POSTMARKED: HAND DELIVERED
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETEN,,C F
Dated: DECEMBER 04, 2002 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(�,)This claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.$).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: - By:`"` ;- Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
(x This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: JANUARY 7 , 2003 JOHN SWEETEN, CLERK, By a Deputy Clerk
� Y
WARNING(Gov. code sectio 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.
JANUARY 8 2003 s ' °
Dated: e _ JOHN SWEETEN, CLERK By -eL-,Z4 - Deputy Clerk.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION:JANUARY 07,, 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: $3,935.27
ERIC PECO FOR:
CLAIMANT: PARKSIDE ELEMENTARY SCHOOL
ATTORNEY: UNKNOWN DATE RECEIVED: DZEMBER 2002
ADDRESS: 985 W. 17th STRFET, BY DELIVERY TO CLERK ON: DECEMBER 04, _2002
PITTSBURG, CA 94565
BY MAIL POSTMARKED: MVD DELIVERED
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETSC
Dated: DECEMBER 04, 2002 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervise s
( ) This claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
{ ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( ) Other:
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant(Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
( ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: JOHN' SWEETEN, CLERK, By , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California,postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: JOHN SWEETEN, CLERK.By Deputy Clerk
Claire to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIVANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for-death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims mast be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 551 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 *.gust be
filed against each public entity.
E. ' Fraud. See penalty for fraudulent claims, Penal, Code Sec. 72 at the end of this
form.
RE: Clain By ) Reserved for Clerk's filing stamp
Ft k
_ h
# } CEI
VA, bY
Against ttle County of Contra Costa ) DEC 0 4 ?-0-02
or
District) h
Fill in name
The undersigned claimant hereby makes claim against the County of Centra Costa or
the above-named District in the sum of $ and in support of
this claire represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
{ L" ?w -
.. �. ...�...._.......�_ —----------
2. Where did the damage or injury occur? (Include city and county) S
3. How did the damage or injury occur? (Give/ full detai s; use extra paper if
n i '"`•`' f'
required) ,
+r.a.,� , � ri � �p 1� �-d'1 e 9.3"/`a°� L>�` °• r�f��l/f i t..� � e`','�I�1' " 1 .�.-,
+ .'£ ' ✓ 'V"4.'�i '�v 'y .. Bs 6• v, r{1si ,✓�''� �',,y`•°' "<�'`• c.'f -'f ,Rj� ,si,.;,,
4. What particular act or omission on the part of county or district officers,
servants or .employees caused. the injury or damage?
O�,t; ` 3 ,� r •�� t� ' t _� .. _f .a x`a•yf,'� ��" �,','f1y��;� %.y'""' 1� . �^.,
e
,over)
5. wnat are tne names of county or district officers, servants or employees causing
the damage or injury?
77-,C //J U"•Alo
d-,
6. What damage or injuries do you claim resulted? {Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
7.
y(,
How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
a t-i/I
B. Names and addresses of witnesses, doctors and hospitals.
�q
LL
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT,
Vt Y jyl
Gov. Code Sec. 910:2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorneyor by some person on his.behalf."
!Ta—me and17d-dress of Attorney
(Claimant's 6Sp9nature
7 c;y C6 , Sf_
–CA—d&ess)
Telephone No. Telephone No. cj I LJ3 44),
salt * *
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 ($1t000)v or by I both such' imprisonment and finei- 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.
....................................................... ...............................................................
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:.X,......................................... ..... ..........................
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TO: BOARD OF SUPERVISORS
FROM: John Sweeten, County Administrator
Contra
y i
DATE: January 7, 2003 `rr Costa
SUBJECT: Final Settlement of Claim s Y
Sabrina Hilliard vs. Contra Costa County f �Y ;. uounty
WCAB No: WCK 5053, WCK 58788 "f
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)S BACKGROUND AND JUSTIFICATION
RECOMMENDATION.
Receive this report concerning the final settlement of Sabrina Hilliard and authorize payment
from the Workers' Compensation Trust Fund in the amount of$32,040.
BACKGROUND/REASONS FOR RECOMMENDATION:
Abel Acosta, defense counsel for the County, has advised the County Administrator that within
authorization, an agreement has been reached settling the workers' compensation claim of
Sabrina Hilliard vs. Contra Costa County.
The Board's December 17, 2002 closed session vote was Supervisors Uilkema, DeSaulnier,
Gerber, Clover and Gioia yes.
This action is taken so that terms of this final settlement and the earlier December 17, 2002
closed session vote of this Board authorizing its negotiated settlement are known publicly.
CONTINUED ON ATTACHMENT: YES SIGNATURE: 401 et 1
. -RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR{3 COMMITTEE
-----'APPROVE OTHER
SIGNATURES:
ACTION OF BOR N JANUARY 07 , 2003 APPROVED As RCOMMENDED XX OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES:,OF THE BOARD
X X UNANIMOUS (ABSENT ) OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED JANUARY 07 2003
CAMy Docurnents\Board Ordersi1302001BO-SHIH WC.doc JOHN SWEETEN,CLERK OF THE BOARD OF
Contact: Ron Harvey SUPERVISORS AND COUNTY ADMINISTRATOR
Cc: Risk Management /}•
Auditor-Controller BY '' '- e DEPUTY