HomeMy WebLinkAboutMINUTES - 01212003 - C9 CLAIM
BOARR OF SUPERVISORS OF CONTRA COSTA COUNTY •
BOARD ACTION:,JANUARY 21, 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
` �. , 5.4. Please note all "Warnings".
AMOUNT:
$1,000,000. 2002
CLAIMANT: JETHRO W. MILLER i',,('.,;,XiTY COUNSEL
MAPTIN8Z CALIF.
ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 16, 2002
ADDRESS: M.W.F.C. -» MODULE, ROOM #2 BY DELIVERY"TO CLERK.ON: DECEMBER 16 , 2002
901 COURT STREET,
MARTINEZ, CA 94553 BY MAIL POSTMARKED: DECEMBER 12 , 2002
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETS , le
Dated: DECEMBER 16, 2002 By: Deputy
H. FROM: County Counsel TO: Clerk of the Board of Sup isors
(,t),-'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: '< f By ,f; xf 'r Counsel
` Deputy County
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 21, 2003 JOHN SWEETEN, CLERK., By . , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited
in the 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 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 22 2003
Dated: JOHN SWEETEN, CLERK.By , �. - Deputy Clerk
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION-JANUARY 21, 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: $1,000,000
CLAIMANT: JETHRO W. MILLER
ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 16, 2002
ADDRESS: M.W.1{.C. - MODULE, ROOM #2 BY DELIVERY TO CLERK.ON: DECEMBER 16, 2002
901 COURT STREET,
MARTINEZ, CA 94553 BY MAIL POSTMARKED: DECEMBER 12 , 2002
FROM: Clerk of the Beard of Supervisors TO: County Counsel
Attached is a copy of the above--noted claim.
JOHN SWEETS > ,�
Dated: DECEMBER 16, 2002 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supeovisors
This claim complies substantially with. Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 Clays (Section 910.8).
{ ) 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
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
1ISMUCTIONS TO CLAIl A] 1T
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 relaxing 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
� � .
RECEIVED
Against the County of Contra Costa or )
) DEC 1 6 200
/ . istrict)
CLERK � o tsa�
(Fill in name) CONTRA s A c
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the suns:of$ ► VA&ptnd in support of this claim represents as follows:
1. When did the damage or injury occur?(Give exact date and hour)
6117147
2. Where did the damage or injury occur?(Include city and county)
C4X1711V Qda,'f 4/41 <�4P I e0444�
3. How did the damage or injury occur?(Give full details;use extra paper if required)
a
o
E,
t 914)
a
�'g �. � . ,
I
4. What particular act or omission on the part of county or district officers, servants,ror employees caused the
injury or damage? .
h
5. What are the names of coon or 4istrict officers, servants, or employees causi th damage or injury?
�.
6 What dam t u e do ou claim resulted? YX�-
ull e ent of or damages claimed. Attach
age or nJ n s ( J 8
two estimates for auto damage.)
7. How was the amount claimed above computed?(Include the estimated a nt of any prospective injury or
damage.) '
7,�
S. Names and addresses of witnesses, doctors, and hospitals.
9. List the expenditures you made on account of this accident or inju
DATE AM
) Gov. Code Sec. 910.2 provides"The claim must be
) signed by the claimant or by some person on his behalf.,'
END NOTICES Att rn
Name and Address of Attorney
(Claimant's Signature)
G l
} (Address)
, &
Y�e
3
Telephone I3o.__ l Telephone No.
NOTICE
Section fit.of the Penal Code provides:
Every person who,with intent to defraud,presents for allowance or the payment to any state hoard 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 am one year,by a fine of not
excee&ng 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(S 10,000),or by both such imprisonment and fine.
7�F
e
Now*
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY .
BOARD ACTION: JANUARY 21, 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
s Board of Supervisors. (Paragraph IV below), given
x Pursuant to Government Code Section 913 and
915.4. Please note all"Warnings".
AMOUNT: UNKNOWN Cc41UNTY COUNSEL
CLAIMANT: JERRY SAMUEL B'E tny ZCALIF,
ATTORNEY: RICK E. SNYDER DATE RECEIVED: DECEMBER 18 , 2002
MATHENY, SEARS, LINKERT & LONG
ADDRESS: 3638 AMERICAN RIVER DIRVE BY DELIVERY TO CLERK ON:DECEMBER 1$ , 2002
SACRAMENTO, CA 95853
BY MAIL POSTMARKED: DECEMBER 17 , 2002
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETEN, Clerk.
Dated: DECEMBER 18 , 2002 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(v)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.$).
( ) 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:
y c
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 21, 2003 JOHN SWEETEN, CLERK, By � � Deputy Clerk
WARNING (Gov. code section-,913)
Subject to certain exceptions,you have only six(6) months from the date this notice was personally served or deposited
in the 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 22 2003
Dated: JOHN SWEETEN, CLERK.By Deputy Clerk
CLAIM
BOARD OF SUPER'V'ISORS OF CONTRA COSTA COUNTY
BOARD ACTION: JANUARY 21, 2103
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
915.4. Please note all"Warnings".
AMOUNT: UNKNOWN
CLAIMANT: JERRY SAMUEL BERKOWITZ
ATTORNEY: RICK E. SNYDER DATE RECEIVED: DECEMBER 18 , 2002
MATHENY, SEARS , LINKERT & LONG
ADDRESS: 3638 AMERICAN RIVER DAVE BY DELIVERY TO CLERK ON:DECEMBER _1.8, 2002
SACRAMENTO, CA 95853
BY MAIL POSTMARKED: DECEMBER 17 , 2002
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETEN, Cler
Dated: __ DECEMBER 18, 2002 By: Deputy
IL FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( ) Other:
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
MATHENY SEARS LINK.ERT & LONG LLP
ATTORNEYS
Douglas A.Sears Robert B.Bertigan Rick E.Snyder Henry G.Matheny 3638 American River Drive
Richard S.Linkert Andrea M.Christensen Daniel W.Abbott (1933-1984) Sacramento,California 95864
Ernest A.Long Eric M.Bonzell Emma Suarez Pawlicki
Matthew C.Jaime Mary E.Wood Paul S.Bjorklund Of Counsel: Telephone(916)978-3434
Michael A.Bishop James F.Curran Lotte Colbert Ronald E.Enabnit Facsimile (916)978-3430
Eric R.Wiese] Tiza S.Thompson Michael R.Dennis James C.Damir Website:www.msll.com
Jack A.Klauschie Jr. Samuel G.Stamas
Barry C.Blay Renee G.Cash
Sean D.Richmond Jason C.Zhao Mailing Address:
Jeremy M.Jessup Victoria K.Lin P.O.Box 13711
Kristin N.Blake Andrea M.Gunn Sacramento,CA 95853-4711
December 17, 2002
CVE
Via Federal Express ESE� 1. 8 2002
County of Contra Costa
CLERK Bt##AD OF� j'.iys"dIS1l�S
ATTN: Claims against the County TRA COM CO.
Clerk of Board of Supervisors
651 Pine Street, Room 106
Martinez, CA 94553
RE: Claim o,f Jerry Samuel Berkowitz
Dear Clerk:
Enclosed is an original and two copies of the Claim of Jerry Samuel Berkowitz Against the
City of Brentwood and Contra Costa County for Comparative,Implied and Equitable Indemnity and
Contribution and a self-addressed postage prepaid envelope. Please file the original and return our
filed-endorsed copies along with our receipt in the envelope provided.
If you have any questions, please do not hesitate to contact our office. Thank you.
Sincerely,
MATHENY SEARS LIN BERT & LONG, LLP
Ashley Lee
Legal Assistant to
RICK E. SNYDER
RES/aj l
Enclosures
S
Claim to. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSM CTIO NS-TO CL A Q
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 muse of action.
(Gov't Code 911.2.).
B. Claims must be filed with the Clerk of the Board of Supervisors at its office-in Roam 106, County
Administration Building, 661 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 ofthis'form.
RB. Clatirn By Reserved for Clerk's filing stamp
JERRY SAMUEL BERKOWITZ
ECLERKBOARD
RSUPERV1,SORS
Against the County of Contra Costa or }
District)
(pill in name) )
The undersigned clairnant1creby makes claim against the County of Contra Costa or the above-named district
in the sura of$U N K N O N and in support of this claim represents as follows.
1. When did the damage or injury occur?(Give exact date and hour)
Original accident occurred on November 8, 2001 , at 10 : 20 p.m.
Lawsuit was filed against defendant/cross-complainant on or about
October 11 , 2002 .
2. Where did the damage or injury occur?(Include city and county)
City of Brentwood, County of Contra Costa .
3. Haw did the damage or injury occur?(Dive full details;use extra paper if required)
Refer to attached.
4. What particular act or omission on the pari of county or district officers, servants, or employees caused the
injury or damage?
Refer to attached.
5. What are the names of county or district officers, servants, or employees causing the damage or injury?
Unknown at this time . Refer to attached.
b. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed, Attach
two estimates for auto damage.)
Refer to attached .
7. How was the amount claimed above:computed? (Include the estimated amount of any prospective injury or
damage.)
N/A
8. Names and addresses of witnesses, doctors, and hospitals.
Unknown at this time to this defendant/cross-complainant .
9. bast the expenditures you made on account of this accident or injury.
PATEAN49=
N/A
Gov.Code Sec. 910.2 provides"The claim must be
signed by the claimant or by somo n on his behalf_I IM "
NQUIM TO:
Mame and Address ofAttorney
Rick E . Snyder M .r
Matheny, Sears , Linkert & Long
3638 American River Drive ) (Claimaignature)
Sacramento, CA 95853 Rick E . Snyd
363.8 American River Drive
(Address)
Sacramento, CA 95853
Telephone No. Telephone No.
916/978-3434
NMCE
Section 72 of the Pcnal Gods 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 gen e,any false or ftmdulem 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(S1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fue of-not
exceeding ten thousand dollars(S10,000),or by both such imprisonment and fine.
I Law Offices of
MATHENY SEARS LINK.ERT &LONG, LLP
2 MATTHEW C. JAIME (SBN 140340)
3638 American River Drive
3 Post Office Box 13711
Sacramento, California 95853-4711
4 Telephone(916) 978-3434
Facsimile (916) 978-3430
5
6 Attorneys for Claimant, JERRY SAMUEL
BERKOWITZ
7
8
9 IN THE MATTER OF THE CLAIM OF ) CLAIM OF JERRY SAMUEL
SANDRA DUNNE PERLEY, ) BERKOWITZ AGAINST THE
10 ) CITY OF BRENTWOOD AND
Claimant, ) CONTRA COSTA COUNTY FOR
11 )
COMPARATIVE,IMPLIED AND
-+
V. ) EQUITABLE INDEMNITY AND
Z 12 ) CONTRIBUTION
0 JERRY SAMUEL BERKOWITZ; THE
13 CITY OF BRENTWOOD, CONTRA ) Government Code§§ 910 and 911.2
COSTA COUNTY, and DOES 1-50, )
ox,-,
Y14 Inclusive,
2 )
"� 15 Defendants. )
O G��0 )
� oa
16 JERRY SAMUEL BERKOWITZ }
Z 17 }
i U) Cross-complainants. )
18
V. )
19 GENE GRATA, CITY OF BRENTWOOD, )
20 and CONTRA COSTA COUNTY )
21 Cross-defendants. }
}
22
23
TO THE CITY OF BRENTWOOD, and CONTRA COSTA COUNTY:
24
Pursuant to Government Code §§ 910 and 911.2, claimant Jerry Sarnuel Berkowitz hereby
25
submits the following claims against the City of Brentwood and Contra Costa County:
26
CLAIMANT:
27
The Claimant is Jerry Samuel Berkowitz, 5080 Discovery Point, Byron, CA 94514.
28
1
Claim of Jerry Samuel Berkowitz Against the City of Brentwood, and County of Contra Costa
1 RESPONSE AND NOTICE ADDRESS:
2 All official notices and other correspondence should be sent to the Law Offices of
3 MATHENY SEARS LINKERT&LONG,LLP,RICK.E.SNYDER,3638 American River Dr., P.O.
4 Box 13711, Sacramento, CA 95853-4711, (916) 978-3434.
5 FACTS GIVING RISE TO THIS CLAIM:
6 The incident occurred on or about November 8, 2001, at approximately 10:20 PM. It took
7 place in an unincorporated area of the City of Brentwood in the County of Contra Costa, at the
8 intersection of Concord Ave. and Walnut Blvd., hereafter referred to as the "INCIDENT SITE."
9 At the above time and place claimant was involved in a motor vehicle accident involving two
10 cars. Claimant was driving eastbound in his 1972 Cadillac along Concord Ave. at approximately 45
11 mph. At the intersection of the INCIDENT SITE, Concord Ave. has a stop sign. Walnut Blvd.,
12 however, does not, and the flow of traffic is unimpeded. As claimant approached the INCIDENT
13 SITE, he failed to see the stop-sign in time because it was obscured by shrubbery. Before he could
14 brake, he entered the intersection and impacted another vehicle, a 1998 Izuzu Amigo, traveling
15 northbound on Walnut Blvd.
16 Claimant asserts that the City of Brentwood and Contra Costa County negligently and
17 carelessly designed, warned, failed to warn, constructed, created, maintained, repaired, owned,
18 operated, controlled, signed, guarded and regulated the aforementioned INCIDENT SITE and the
19 adjacent roadway thereby creating a dangerous condition by:
20 (a) failure to warn of, and/or prevent and/or correct a "dangerous condition," on, or
21 immediately adjacent to,public property;
22 (b) failure to provide and/or maintain an adequate and safe barrier and/or median;
23 (c) failure to warn of the absence of an adequate and safe barrier and/or median;
24 (d) failure to provide and/or construct and/or maintain the roadway, shoulder, and road
25 signs which contributed to this incident;
26 (e) failure to post a sufficient number ofsigns at the time of the injury to warn advancing
27 motorists of the dangerous propensities of the roadway;
28 (f) allowing the speed limit at the location of the incident to be greater that the speed at
2
Claim of Jerry Samuel Berkowitz Against the City of Brentwood, and County of Contra Costa
1 which vehicles could be safely driven. Claimant is informed and believes that based
2 on the configuration of the roadway or other existing physical conditions,speed signs
3 should have indicated that the area should be driven at less than the legal speed limit;
4 and
5 (g) failure to adequately warn of the dangerous and unsafe conditions described above
6 contributed to this incident by failing to provide notice to motorists using the
7 roadway of the dangers that lie ahead which would have allowed motorists to
8 anticipate and better respond to such dangers.
9 The aforementioned hazards were not reasonable,violated design and maintenance standards,
10 and created a dangerous condition of public property.
11 Further, the City of Brentwood and Contra Costa County knew or should have known of
12 these hazardous, dangerous, and defective conditions and failed to take the necessary steps to warn,
13 control, reduce, and eliminate the hazards. This conduct would have and could have reduced or
14 eliminated the injuries sustained by claimant Sandra Perley and Jerry Samuel Berkowitz.
15 Defendant/Claimant Jerry Samuel Berkowitz is entitled to total equitable indemnity for any
16 liability imposed upon him herein from cross-defendants, and each of them. Said right to full
17 equitable indemnity is present as a result of the active, affirmative,chief,fundamental,primary and
18 principle conduct on the part of the City of Brentwood and Contra Costa County, and each of them
19 as opposed to the passive and secondary conduct, if any, on the part of Jerry Samuel Berkowitz
20 herein,that directly and proximately resulted in the injuries and damages,if any,allegedly sustained
21 by claimant Sandra Perley.
22 As a direct and proximate result of the conduct of the City of Brentwood and Contra Costa
23 County, and each of them, as set forth herein, liability, if any, for the injuries and damages alleged
24 in Sandra Perley's complaint,rest in part on a comparative fault basis on the City of Brentwood and
25 Contra Costa County, and each of them, and only in part on a comparative fault basis on Jerry
26 Samuel Berkowitz. The City of Brentwood and Contra Costa County, and each of them, are
27 obligated to indemnify Jerry Samuel Berkowitz on a comparative fault basis for the sums Jerry
28 Samuel Berkowitz pays, is compelled to pay, or may be compelled to pay as a result of any
3
Claim of Jerry Samuel Berkowitz Against the City of Brentwood, and County of Contra Costa
_ __.
1 settlement, damages,judgment or otherwise award herein.
2 INJURIES:
3 Claimant Sandra Perley alleges she suffered severe bodily injury, including severe head
4 trauma, severe brain injury, broken left humerus, a splenectomy and major trauma to her left side.
5 PUBLIC ENTITY RESPONSIBLE:
6 Claimant is currently unaware of the name or names of the public employee or employees
7 causing injury, damage, or loss to him. Claimant, therefore, reserves the right to amend this claim
8 when such information becomes known to him.
9 DAMAGES:
10 Claimant has been named as a defendant in a lawsuit which exposes him to hundreds of
11 thousands of dollars in liability(see attached Exhibit A,Complaint by Perley). Claimant is currently
12 unaware of the amount of damages, but given the nature of his potential exposure, the amounts
13 claimed will exceed the jurisdictional limits of the limited jurisdiction Court. Therefore,jurisdiction
14 will lie in the Superior Court with unlimited jurisdiction.
15
16 Dated: December r'� , 2002.
3
17 MATHENY, SES LINK.ERT� r LONG
18
19 By
RIQ(E. SNYDE
20 Attdrneys for cl mard, JERRY
SAMUEL BERkO ITZ.
21 E
22
23
24
25
26
27
28
4
Claim of Jerry Samuel Berkowitz Against the City of Brentwood, and County of Contra Costa
I SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
2 PROOF OF SERVICE
3 PROOF OF SERVICE (CCP SECTIONS 1013(a)(3) & 1011)
4 I am a citizen of the United States and employed in Sacramento County. I am over the age of
5 eighteen years and not a party to the within entitled action. My business address is 3638 American River
6 Drive, Sacramento, California.
7 On this date, I served: CLAIM OF JERRY SAMUEL BERKOWITZ AGAINST THE
CITY OF BRENTWOOD AND CONTRA COSTA COUNTY
8 FOR COMPARATIVE, IMPLIED AND EQUITABLE
INDEMNITY AND CONTRIBUTION
9
XXXXXX by placing a true copy thereof enclosed in a sealed envelope, with postage thereon
10 fully prepaid, in the United States Post Office mail box at Sacramento, California,
addressed as set forth below. I am readily familiar with my firm's practice of
a. 11 collection and processing correspondence for mailing. Itis deposited with the U.S.
-+ Postal Service on the same day in the ordinary course of business. I am aware that on
Z 12 motion of party served, service is presumed invalid if postal cancellation date of
J m postage meter date is more than I day after date of deposit for mailing in affidavit.
ad-' 13
U_ M by causing to be personally delivered a true copy thereof to the person and at the
LU
x 14 address set forth below.
LU§
LL, (n LL L)15 by Federal Express.
o6
0
u°W 16 by Facsimile service.
Z0 17 City of Brentwood
ATTN: Claims against the City
18 708 Third Street
Brentwood, CA 94513
19
William L. Veen
20 Cynthia Bernet-McGuinn
Michele R. Wolf
21 Law Offices of William L. Veen
711 Van Ness Avenue, Suite 220
22 San Francisco, CA 94102
23 XXXXXX by Federal Express to the following:.
24 County of Contra Costa
ATTN: Claims against the County
25 Clerk.of Board of Supervisors
651 Pine Street, Room 106
26 Martinez, CA 94553
27
28
6
Claim of Jerry Samuel Berkowitz Against the 6ity of Brentwood, and County of Contra Costa
1 I declare under penalty of perjury, according to the laws of the State of California, that the
foregoing is true and correct.
2 Executed on this day of December, 2002 at Sacramento, California.
3
5 Ashley Leec
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
Claim of Jerry Samuel Berkowitz Against the City of Brentwood, and County of Contra Costa
I WILLIAM L. VEEN, NO. 043150
CYNTHIA BERNET-MCGUINN, NO. 099324 r
2 MICHELE R. WOLF, NO. 170696 1
LAW OFFICES OF WILLIAM L. VEEN
3 A PROFESSIONAL CORPORATION
711 Van ]Fess Avenue, Scute 220 �
4 San Francisca, California 94102
Telephone: (415) 673-4800
5 Facsimile: (415) 771-5845 k
6 ATTORNEYS FOR PLAINTIFF
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10
11 SANDRA DIANNE PERLEY, by and through CASE NCS, � �' ,6, F,
her Guardian Ad Litem Patricia J. Penley,
12 COMPLAINT FOR DAMAGES
13 Plaintiff, AND DEMAND FOR.JURY"TRIAL
v.
14
JERRY SAMUEL BERKOWITZ,JACK -
15 COMMINS, GENE A. ARATA,THE CITY OF �` .,'� A r +ifs
BRENTWOOD, CONTRA COSTA COUNTY, NEDi`0
16 and DOES 1 -50, inclusive. L
17 Defendants.
18
19
INTRODUCTORY ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
20
21 Plaintiff SANDRA PERLEY, by and through her Guardian ad Litem Patricia J. Perlev,
22
alleges as follows against defendants JERRY SAMUEL BERK.OWITZ,JACK.COMMINS, GENE
23 A. ARATA, THE CITY OF BRENTWOOD, CONTRA COSTA COUNTY, and DOES 1 through
24
50, inclusive:
� s
25 1. The entirety of this complaint is pled upon information and belief and each such
26 allegation contained herein is likely to have evidentiary support after a reasonable opportunity for
27 further investigation and discovery.
28 2. This lawsuit arises out of a November 8, 2001 automobile collision which occurred at
LAW oF WILUAM L. EEN CONIPL.AINT FOR DANL-GES
. SiJLC H
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SAN FPANCI SCO_A 994102
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1 the intersection of Walnut Boulevard and Concord Avenue in an unincorporated area of Brentwood,
2 California, in the County of Contra Costa (hereinafter referred to as "ACCIDENT SITE"). The
3 collision will be referred to throughout this complaint as "the subject accident."
4 1 Plaintiff SANDRA PER-LEY at all tunes herein mentioned was a resident of
5 Brentwood, in the County of Contra Costa, California.
6 4. At all times herein mentioned defendant JERRY SAMUEL BERKOWITZ was a
7 resident of Byron, California.
8 5. At all times herein mentioned defendant,JACK COMMINS was a resident of San
S Jose, California.
10 6. At all times herein mentioned defendant, GENE A.ARATA was a resident of
11 Brentwood, in the County of Contra Costa, California.
12 7. At all times herein mentioned defendant,THE CITY OF BRENTWOOD
13 (hereinafter referred to as "CITY") was a governmental entity, duly organized and existing under
14 and by the virtue of the laws of the State of California.
15 8. At all times herein mentioned defendant, COUNTY OF CONTRA COSTA
16 (hereinafter referred to as "COUNTY") was a governmental entity, duly organized and existing
17 under and by the virtue of the laws of th` Statc of California
18 9. Governmental claims were served on defendants CITY and COUNTY and were
19 rejected by defendants CITY and COUNTY.
20 10. The true names and capacities,whether individual, corporate, partnership, joint
21 venture, or otherwise of defendants DOES 1 through 50 inclusive, are unknown to plaintiff who
22 therefore sues defendants by such fictitious names.
23 11. Each of the defendants named herein as a DOE is legally responsible in some
24 manner for the events and happenings herein referred to, and proximately and legally caused injury
25 and damage thereby to plaintiff as herein alleged. Plaintiff prays leave to amend this complaint when
26 their true names have been ascertained.
27 12. Plaintiff is informed and believes and thereon alleges that at all times herein j
c
i
28 mentioned, certain of the defendants DOES are the successors in interest to each of the remaining
3
LAW OFRCE50F COMPI--UN`i'FOR DAMAGES
WILLIAM L.VEEN
A VHOFE531tlNAL CC •eaAr/w :kND JF.Ni N:` D FOR)URYT 1.N.L
711 VAN NE"AVE
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1 defendants and on that basis, are liable for any act, or omission of said defendants herein alleged.
2 13. At all times herein mentioned, defendants, and each of therm, were the agents and
3 employees of the remaining defendants and were at all tunes acting within the course and scope of
4 said agency and employment.
5 14. On the date of the subject accident, SANDRA PERLEY was operating a 1998 Isuzu
6 Amigo thereinafter"ISUZL"), traveling northbound on Walnut Boulevard,with the right of way,
7 when her car was struck by a 1972 Cadillac thereinafter"CADIZ—,kC") headed eastbound on
8 Concord.Avenue which failed to stop for the stop sign.. At its intersection,with Walnut Boulevard,
9 Concord Avenue is controlled by stop sign. Walnut Boulevard has an unrestricted.flow of traffic at
10 the intersection.
11 15. On the date of the subject accident JERRY SAMUEL BERKOWITZ was driving
12 the CADIL.I.AC eastbound on Concord.Avenue, approaching the interesection of Walnut
13 Boulevard. JERRY SAMUEL BERKOWITZ failed to stop the CADILLAC prior to entering the
i
14 intersection of Concord Avenue and Walnut Boulevard. The CADILLAC struck the ISUZU, �
15 seriously injuring SANDRA PERLEY.
16 16. On the date of the subject accident JACK COMMINS and DOES 1 through 50 �
i
17 owned the CADILLAC that was driven by JERRY SAMUEL BERKOWITZ,which struck
18 plaintiff's ISUZU, seriously injuring SANDRA PER.LEY. f
19 17. On the date of the subject accident defendants JERRY SAMUEL BERKOWITZ,
26 and JACK COMMINS and each of them so negligently operated, owned, possessed, controlled, and
21 maintained the CADILLAC so as to cause the collision which injured plaintiff as more fully stated
22 below.
23 18. On the date of the subject accident, defendants GENE A.ARATA, CITY,
24 COUNTY, and DOES 1 through 50 owned and/or maintained the Oleander shrubbery that abutted
I
25 the eastbound Concord Avenue stop sign located at the ACCIDENT SITE in an unincorporated
26 area of Brentwood, in Contra Costa County.
27 19. Prior to and on the date of the subject accident, defendants GENE A. AR.ATA,
28 CITY, COUNTY, and DOES 1 through 50 were responsible for maintaining the Oleander
LAW OMCESOF CO,fPL..-II�tiT Ft R D.1�L-1GES j
ViftLL1AM L.VEEN -3-
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1 shrubbery.
2 20. At the time of the subject accident, the eastbound Concord Avenue stop sign at or
3 near the ACCIDENT SITE was obscured by the Oleander shrubbery owned and/or maintained by
4 defendants GENE A. ARATA, CITY, COUNTY, and DOES 1 through 50.
5 21. On the date of the subject accident defendant GENE A. ARATA, CITY, COUNTY,
6 and DOES 1 through 50 so negligently owned, possessed, controlled, and/or maintained the
7 Oleander shrubbery that abutted the eastbound Concord Avenue stop sign at the ACCIDENT SITE
8 so as to obscure or hide the stop sign and cause the collision which injured plaintiff as more fully
9 stated below.
10 22. On the date and time of the subject accident defendants CITY, COUNTY, and
11 DOES 1 through 50, and each of them, were responsible for the design, construction, creation,
12 maintenance, modification, repair, operation, control, signage, and regulation of the ACCIDENT
13 SITE.
14 23. Defendants CITY, COUNTY and DOES 1 through 50, and each of them, acting by
15 and through its authorized agencies, agents, servants, and employees were charged with the
16 responsibility of owning, designing, constructing, creating, maintaining;, modifying, repairing,
17 operating, controlling, guarding, signing, and regulating the ACCIDENT SITE.
18 24. Defendants CITY, COUNTY and DOES 1 through 50,and each of them,
19 negligently and carelessly owned, designed,warned, failed to warn, constructed, created,maintained,
20 modified, repaired, operated, controlled, guarded, signed, and regulated the aforementioned
21 ACCIDENT SITE and the adjacent roadway thereby creating a dangerous condition which caused
22 the collision which injured plaintiff as more fully stated below.
23 25. As a result of the acts of defendants and each of them, SANDRA PERLEY suffered
24 severe and permanently disabling injuries, including but not limited to, severe head trauma resulting
25 in a severe brain injury, a broken left humorous, a splenectomy and major trauma to her left side.
26 These injuries have given rise to necessity of past medical care and the incurrence of past medical
s
27 expenses and past loss of earnings and income. These injuries will result in the necessity of future
28 medical care and future medical expenses and the loss of earning capacity. SANDRA PERI-EY has
LAW QFFiCE$OF COTMPLINT FOR D.'i�L�GES
WILLIAM L VEEN -4-
Pa .SND DE%L-ND FOR)URY TRIAL,
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1 also sustained past general damages and will sustain future general damages as a result of the acts of
2 defendants and each of them. The foregoing damages exceed the jurisdictional minimum of this
3 court.
4 26. As a proximate and direct legal result of the said negligence of defendants, and each
5 of them,plaintiff was hurt and injured in her health, strength., and activity, sustaining injury to her
6 body and shock and injury to the nervous system and person, all of which said injuries have caused
7 and continue to cause plaintiff great mental, physical, and nervous pain and suffering. Said injuries
8 will result in some permanent disability to plaintiff, all to plaintiff's general damage in a yet
9 unascertained amount but which exceeds the minimum jurisdiction of this Court.
10 27. As a further proximate and direct legal result of the said negligence of defendants,
11 and each of them, the plaintiff has incurred and will continue to incur medical and related expenses
12 for physicians, surgeons, hospital care, and other medical services and supplies in an amount
13 presently unknown but which exceeds the jurisdictional minimum of this court.
14 28. As a further proximate and direct legal result of the said negligence of defendants,
15 and each of them, plaintiff has necessarily suffered a loss of earnings, and plaintiff is informed and
16 believes, and thereupon alleges, that she will continue to suffer such loss for an indefinite time in the
17 future, and that plaintiff s future earning capacity has been greatly reduced, all to plaintiff s further
18 special damagesin amounts presently unknown, but which exceed the jurisdictional minimum of this
19 court.
20 FIRST CAUSE OF ACTION - MOTOR VEHICLE
21 Plaintiff alleges against all defendants as follows:
22 29. Plaintiff incorporates by reference paragraphs 1-28 as though fully set forth herein.
23 30. Plaintiff alleges the acts of defendants and each of them were negligent; the acts were
24 the legal(proximate) cause of injuries and damages to plaintiff, the acts occurred on November 8,
25 2001 at the intersection of Walnut Boulevard and Concord Avenue in an unincorporated area of
26 Brentwood,in Contra Costa County. i
27 31. Defendant JERRY SA.,%IUI 1- BERKOWITZ negligently operated the CADILLAC j
28 involved in the subject accident.
LAW OF9'CE5 Oft COMPLAINT FOR DANL-.GES
WiLLiAM L.VEEN -5-
A SND DENL-kND FOR JURE'TRLU,
It t vAN
RL"'SCC
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SAW F .CA CA 341 C7
'El;s151677-4tlCV �
1 32. Defendants JACK COMMINS and DOES 1 through 50 owned, leased,rented,
2 maintaineed or otherwise controlled the CADILLAC; said CADILLACwas operated by JERRY
3 SAMUEL BERKOWITZ with JACK COMMINS and DOES 1 through 50's knowledge and
4 permission.
5 33. Defendants JACK COMMINS and DOES 1 through 50 negligently entrusted the
6 CADILLAC to JERRY SAMUEL BERKOWITZ.
7 34. As a direct and legal result of the above referenced negligent acts or omissions to act
8 on the part of defendants, and each of them, plaintiff suffered damages as set forth hereinabove.
9 SECOND CAUSE OF ACTION- GENERAL NEGLIGENCE
10 Plaintiff alleges against all defendants as follows:
11 35. Plaintiffs incorporate by reference paragraphs 1-34 as though fully set forth herein.
12 36. Defendants and each of them were the legal (proximate) cause of damages to
13 plaintiff. By the following acts or omissions to act, defendants and each of them negligently caused
14 damage to plaintiff on November 8, 2001 at the ACCIDENT SITE.
15 37. That at said time and place, defendants JERRY SAMUEL,BERKOWITZ and
16 DOES 1 through 50, failed to use reasonable or ordinary care, and negligently, and unlawfully, drove,
17 operated, maintained and controlled the L:ADILLAC that struck plaintiff's ISUZU, seriously inlurttzzg
13 plaintiff in the collision heretofore alleged.
19 38. That at the time of the subject accident,JACK COMMINS and DOES 1 through 50,
20 owners of the CADILLAC that structs plaintiffs ISUZU, failed to use reasonable or ordinary care
21 when they leased, rented,loaned, entrusted and/or otherwise provided the CADILI ,kC to JERRY
22 SAMUEL BERKOWITZ. j
23 39. As a direct and legal result of the above referenced negligent acts or omissions to act
24 on the part of defendants, and each of them, plaintiff suffered damages as set forth hereinabove.
25 THIRD CAUSE OF ACTION--PREMISES LIABILITY
26 Plaintiff alleges against defendants GENE A. ARATA, CITY", COUNTY and DOES 1
27 through 50 as follows:
28 40. Plaintiff incorporates by reference paragraphs 1-39 and 44 -48 as though fully set
LAW OPMEs OF COMPI--UNT FOR.DAINL-1GES
WILLIAM L VEEN _6-
Vi ESS% kG �PONATipr+ AND DE:tL-1ND FOR JL'R�.'TRir1i.. 1
111 VAN NESS�tVE.SUITE 2�G
S4N FRANCISCO.CA 9 102
TEL lar Slal3•a809
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1 forth herein.
2 41. That on the date of the subject accident, defendants GENE A ARATA,CITY,
3 COUNTY, and DOES 1 through 50 so negligently awned, possessed, controlled, and maintained
4 the Oleander shrubbery that abutted the eastbound Concord.Avenue step sign located at
5 ACCIDENT SITE so as to obscure or hide the stop sign.
6 42. As a direct and legal result of the above referenced negligent acts or omissions to act
7 on the part of defendants, and each of them,plaintiff suffered damages as set forth hereinabove.
8 FOURTH CAUSE OF ACTION-DANGEROUS CONDITION OF PUBLIC PROPERTY
9 Plaintiff alleges against defendants CITY, COUNTY, and DOES 1 through 50 as follows:
10 43. Plaintiff incorporates by reference paragraphs 1-42 as though fully set forth herein.
11 44. On or about March 21, 2002, plaintiff SANDRA PERLEY presented to CITY and
12 COUNTY a claim for the injuries, disability, losses and damages suffered by her by reason of the
13 occurrence described hereinafter, all in compliance with the requirements of Government Code 5910
14 and §912. (An exemplar of said claims, the original of which is on file with the Superior Court of
15 Contra Costa County, is attached hereto as Exhibit A and the allegations contained therein are
1 ' incorporated by reference into this complaint.)
17 45. Plaintiff's claim was rejected bV CITY on May 15, 2002. Plaintiffs claim was rejected
18 by the COUNTY on April 16, 2002.
19 46. Plaintiff is informed and believes and, upon such information and belief, alleges that
20 defendants CITY and COUNTY and DOES 1 through 50,and each of them,acting by and through
21 its authorized agencies, agents, servants, and employees was charged with the responsibility of
22 own.ingi designing, creating, maintaining, modifying, re airin operating, controllin
gs
23 guarding, signing, and regulating the ACCIDENT SITE.
24 47. Plaintiff is informed and believes and,upon such information and belief, alleges that
25 defendants CITY and COUNTY and DOES I through 50, and each of there,negligently and
26 carelesslyowned, designed, warned failed to warn
esgn , constructed, created, maintained,modified,
27 repaired, operated, controlled,guarded, signed, and regulated the aforementioned.ACCIDENT SITE
28 and the adjacent roadway thereby creating a dangerous condition by:
LAW WILLIAM
L. OF
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COMPL.-INT FOR DA.%LAGES
w�t.uant t..v��r, _
°A =55«�«OA�^,� 1NrJ DF�L�ND FOR 1URY TRL\L
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SAN FRANCHSC0.CA 94 10:. i
1 (a) failure to warn of, and/or prev,nt and/or correct a "dangerous condition," a
2 condition of property that creates a substantial [as distinguished from a minor, trivial, or
3 insignificant] risk of injury when such property or adjacent property is used with due care in a
4 manner in which it is reasonably foreseeable that it will be used on, or immediately adjacent to,
5 public property;
6 (b) failure to provide and/or maintain an adequate and safe barrier and/or median;
7 (c) failure to warn of the absence of an adequate and safe barrier and/or median;
8 (d) failure to provide and/or construct and/or maintain the roadway, shoulder,and road
9 signs which contributed to this accident;
10 (e) failure to post a sufficient number of signs at the time of the injury to warn
11 advancing motorists of the dangerous propensities of the roadway;
12 (f) allowing the legal speed limit at the location of the accident to be greater than the
13 speed at which vehicles could be safely driven. Plaintiff is informed and believes that based on the
14 configuration of the roadway or other existing physical conditions, speed signs should have
15 indicated that the area should be driven at less than the legal speed limit;
16 (g) failure to adequately warn of the dangerous and unsafe conditions described above
17 contributed to this accident by failing to provide notice to motorists using the roadway of the
18 dangers that lie ahead which would have allowed motorists to anticipate and better respond to such
19 dangers; and
20 (h) failure to adequately maintain the oleander shrubbery that abutted the eastbound
21 Concord Avenue stop sign located at the ACCIDENT SITE.
22 These hazards, stated above,were not reasonable,violated design and maintenance standards
23 and created a dangerous condition of public property.
24 48. Further, plaintiff is informed and believes and, upon such information and belief,
25 alleges that defendants CITY and COUNTY and DOES 1 through 54, and each of them, knew or
26 should have known of these hazardous, dangerous and defective conditions and failed to take the
27 necessary and appropriate steps to warn, control, reduce and eliminate the hazards which conduct
28 would have and could have reduced or eliminated the injuries sustained by plaintiff.
I
wi�UAM vert CON-PLAINT FOR DANL-1GES
+.PROFE8SttJPle�CIXtf T?0, AND DEINL- ND FOR JURE.'TRIAL
1 YAN N*Sz IVE,SUITE 2M
SAt' CA 9"'
TEL(415)673-MW }
1 49. As a direct and legal result of the above referenced negligent acts or omissions to act
2 on the part of defendants, and each of them, plaintiff suffered damages as set forth above.
3
WHEREFORE, plaintiff prays judgment against defendants, and each of them, as
4
hereinafter set forth.
5
6
PRAYER
7
WHEREFORE,plaintiff prays for judgment against defendants, and each of them, on all
8
theories of action as follows:
9
1. For general damages according to proof at time of trial;
10
11 2. For special damages according to proof at time of trial; `
12 3. For costs of suit herein;
I
13 4. For prejudgment interest pursuant to Civil Code §3291;and
14 5. For such further relief as the Court may deem proper.
I
15 DEMAND FOR JURY TRIAL
16 Plaintiff SANDRA PERLEY b and through her Guardian Ad .item Patricia J. Perle l
y g .� YS
17
hereby demands a jury trial on each and ail of the causes of action set forth in her Complaint.
18
19
Dated: October 11, 2002 By:
20 Cynthia Bernet-McGuinn
Attorneys for Plaintiff
21
22
23
24 96475_1.doc
25
26
27
i
28
AW OFFTES OF COItifPLAIN T FOR D.�;NLGES
VYlLLIAIM L.VEEN -9-
,r OFESSICNAu,cawronAF .-INN- DEL�L�ND FOR JURE'TRI.A.I_.
i VAN Nas-E 'Z 22C
SAN FRANCISCO,CA 61102
TEL 1415)973-s800 f
I WILLIAM L. VEEN,NO. 043150
CYNTHIA BERNET-McGUINN,NO. 099324
2 MILES B. COOPER,NO. 20W85
A PROFESSIONAL CORPORATION
3 711 Van Ness Avenue, Suite 220
San Francisco,California 94102
4 Telephone. (415)6734800
5
ATTORNEYS FOR CLAIMANT
6
7
8 IN TBE MATTER OF THE CLAIM OF CLAIM OF SANDRA DIANNE PERLEY
SANDRA DIANNE PERLEY, AGAINST THE CITY OF
9 BRENTWOOD,CONTRA COSTA.
COUNTY,AND THE STATE OF
10 Claimant, CALIFORNIATSS)
Government Code ff 911 and 911.2
11
V.
12 CITY OF BRENTWOOD, CONTRA COSTA
COUNTY,AND THE STATE OF
13 CALIFORNIA(CALTRANS),
14 Respondents.
15
16
17 TO THE CITY OF BRENTWOOD,CONTRA COSTA COUNTY,AND THE STATE OF
CALIFORNIA(CALTRANS):
18
19 Pursuant to Government code §§ 910 and 911.2,claimant Sandra Dunne Perley
20hereby submits the following claims against The City of Brentwood,Contra Costa County,and
The State of California(Caltrans).
21
CLAIMANT:
22
The claimant is Sandra Dianne Perley, 5483 Portsmouth Avenue,Newark,CA
23
94560-1337.
24
25 f
PME A ND NOTICE ADDRESS.
26 LAW Of
WRIMOLVIMN
CLAIM OF SANDRA DIANNE PERLEY AGAINST TnE crrMi ! `! � 'CC)NTItA CbSTA COUNTY,ANIJ THE STATE OF
27 CAL.fftJRNIA(CALTRANS} i,
28
1 SYMA IIr
1
All.officiai notices and ether correspondence should be sent to LAW OFFICES OF
2
WILLIAM L. VEEN, 711 Van Ness Avenue, Suite 220, San Francisco, California, 94102,(415)
3
673-4800.
4
5
FACE'S GIVING RISE TO THIS CLAIM.
6
The occurrence took place on November 8,2001, in an unincorporated area of
7
Brentwood in the County of Contra Costa, at the intersection of Concord Avenue and Walnut
8
Boulevard,hereafter referred to as the "ACCIDENT SITE."
9
The circumstances giving rise to this claim are as follows: At the above time and
10
place, claimant was involved in a two car collision. Claimant was driving her 1998 Isuzu Amigo
11
northbound on Walnut Boulevard when her car was struck by a 1972 Cadillac headed eastbound
12
on Concord Avenue. At the intersection, Concord Avenue has stop sign controls. Walnut
13
Boulevard has an unrestricted flow of traffic at the intersection. The driver of the Cadillac
14
proceeded through the intersection at approximately 45 miles per hour when he failed to see the
15
stop-sign, which was obscured by shrubbery.
16
Claimant asserts that The City of Brentwood, Contra Costa County,and The State of
17
California(Caltrans)negligently and carelessly designed, warned, failed to warn, constructed,
18
created, maintained,repaired, owned, operated, controlled, signed, guarded and regulated the
19
aforementioned ACCIDENT SITE and the adjacent roadway thereby creating a dangerous
20
condition by:
21
(a) failure to warn of, and/or prevent and/or correct aE"dangerous condition" (a
22
condition of property that creates a substantial [as distinguished from a minor,trivial, or
23
insignificant] risk of injury when such property or adjacent property is used with due care in a
24
manner in which it is reasonably foreseeable that it will be used)on,or immediately adjacent to,
25
26 uw OFFCU of
ALN
CLAIM Or,SANDRA DIANNE PERLEY AGAINST THE CrI CC3NTRA COSTA COUNTY,AND THE STATE OF
27 CALIFORNIA(CALTRANS) °""TSL(mp°m-dm °�
28
2
_
1
public property;
2
(b) failure to provide and/or maintain an adequate and safe barrier and/or
3
median;
4
(c) failure to warn of the absence of an adequate and safe barrier and/or median;
5
(d) failure to provide and/or construct and/or maintain the roadway,shoulder,
6
and road signs which contributed to this accident;
7
(e) failure to post a sufficient number of signs at the time of the injury to warn
8
advancing motorists of the dangerous propensities of the roadway;
9
W allowing the legal speed limit at the location of the accident to be greater
10
than the speed at which vehicles could be safely driven. Claimant is informed and believes that
11
based on the configuration of the roadway or other existing physical conditions,speed signs
12
should have indicated that the area should be driven at less than the legal speed limit; and
13
(g) failure to adequately warn of the dangerous and unsafe conditions described
14
above contributed to this accident by failing to provide notice to motorists using the roadway of
15
the dangers that lie ahead which would have allowed motorists to anticipate and better respond to
16
such dangers.
17
These hazards, stated above,were not reasonable,violated design and maintenance
18
standards and created a dangerous condition of public property.
19
Further,The City of Brentwood, Contra Costa County,and The State of California
20
(Caltrans)knew or should have known of these hazardous,dangerous and defective conditions and
21
failed to take the necessary and appropriate steps to warn,control,reduce and eliminate the
22
hazards which conduct would have and could have reduced or eliminated the injuries sustained by
23
claimant.
24
aJURIiES:
25
26 uw 0PFX.OP
VVUJJM L VEEN
27 CLAIM OF SANDRA DIANNE PERLEY AGAINST THE C L � ��� ,Ct7N€RA COSTA COUNTY,AND TIME STATE Of
CALIFORNIA(CALTRANS) ria,tars rririm
28
1
Claimant suffered severe bodily injury, including multiple fractures and traumatic
2
brain injuries.
3
PUBLIC ENTITY RESPONSIBLF:
4
Claimant is currently unaware of the name or names of the public employee or
5
employees causing injury,damage, or loss to her. Claimant reserves the right to amend this claim
6
when such information becomes known to her.
7
DAMAGES:
8
Claimant has suffered and will suffer past and fixture medical damages,past and
9
future wage loss damages. These are economic damages. Claimant has'f other suffered and will
10
suffer past and future pain and suffering damages. These are non-economic damages.
11
Claimant is currently unaware of the amount of her economic and non-economic
12
damages,but given the nature of her loss, the amounts claimed as damages will exceed the
13
jurisdictional limits of the limited jurisdiction Court. Therefore jurisdiction will rest in the
14
Superior Court,unlimited jurisdiction..
15
16
17
18 DATED: March�, 2002 LAW OFFICES OF WILLIAM L. VEEN
19
20
21 By:
22 Miles B. Cooper
Attorneys for Claimant
23
24 3224191753.1
25
26 uw 0FPN=CP
YYILLAM L VEEN
27 CLYAIM OF SANDRA DIANNE PERLEY AGAINST THE CrriLJ`� ro� ,CONTRA COSTA COUNTY,AND THE STATE OF
CALIFORNIA(CALTRANS) rax 4ss s 34=
t �
28
4
1 PROOF OF SERVICE BY CERTIFIED RECEIPT U.S. MAIL
2
1 am a citizen of the United States and a resident of the State of California. I am over the
3 age of 18 and not a party to the within action. My business address is 711 Van Ness Avenue, Suite
220,San Francisco,California 94102.
4
5 I am familiar with the business practices of the Law Offices of William L. Veen for
collection and processing of mail with the United States Postal Service,whereby official mail is
6 attached with the appropriate postage and placed in a designated area. Mail so collected and
processed is deposited with the United States Postal. Service that same day and in the ordinary
7 course of business.On the below date,i served a true and correct copy of the foregoing
8 CLAIM OF SANDRA DIANNE PERLEY AGAINST THE CITY OF BRENTWOOD,
CONTRA COSTA COUNTY,AND THE STATE OF CALIFORNIA(CALTRANS)
9 on the parties to this action by placing a true copy thereof in a sealed envelope in the designated
area for outgoing certified mail addressed as follows.
10
County of Contra Costa
11 ATTN: Claims against the County
12 822 Main Street
Martinez, California 94553
13
City of Brentwood
14 ATTN: Claims against the City
15 708 Third Street
Brentwood, CA 94513
16
State of California(Caltrans)
17 ATTN: Claims against the State of California(Caltrans)
18 1120 N. Street
P.O. Box 94283
19 Sacramento,CA 94273-0001
20 1 declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
21
22 Executed March iy 2002,at San Francisco, California..
23
24
25 Theresa N. Reloj
26 LAWOPPKMCW
VVUAAAM L VEEN
CLAIM OF SANDRA DLANNE PERLEY AGAINST THE CrTt i ,CONTRA COSTA COUNTY,AND THE STATE Of
27 CALIFORNIA(CALTRANS) �,i a,noo'�
28
SUPERIOR COURT -- MA.RTINEZ
COUNTY OF CONTRA COSTA
MARTINEZ, CA 94553
PERLEY VS BERKOWITZ
NOTICE OF CASE MANAGEMENT CONFERENCE CIVMSCO2-02857
1 . NOTICE: THE CASE MANAGEMENT CONFERENCE HAS BEEN SCHEDULED FOR:
DATE: 02/28/03 DEPT: 02 TIME: 8 :30
THIS FORM, A COPY OF THE NOTICE TO PLAINTIFFS, THE ADR INFORMATION
SHEET, A BLANK CASE MANAGEMENT CONFERENCE QUESTIONNAIRE, AND A BLANK
STIPULATION FORM ARE TO BE SERVED ON OPPOSING PARTIES.. ALL PARTIES
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) 646-2960 for assignment of an
earlier date.
3 . You must be familiar with the case and be fully prepared to par-
ticipate effectively in the Care Management Conference and to discuss
the suitability of this case for the EASE Program, private mediation,
binding or non-binding arbitration, and/or use of a Special Master.
4 . At any Case Management Conference the court may make pretrial
orders including the following:
a. an order establishing a discovery schedule
b. an order referring the case to arbitration
C. an order transferring the case to limited jurisdiction
d. an order dismissing fictitious defendants
e . an order scheduling exchange of expert witnessinformation
f . an order setting subsequent Conference and the trial date
g. an order consolidating cases
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 COURTS 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: 10/11/02
S .HARBRECHT, Deputy Clerk
.perinr Tourt of OlafiforniiL Tourrtil of Tutttru Tosta
NOTICE TO PLAINTIFFS
CASES OF UNLIMITED JURISDICTION
All civil actions filed on or after January 1, 1988 (except juvenile, probate, domestic relations,
unlawful detainer, and asset forfeiture cases under Health and Safety Code Section 11470 at seq, and
extraordinary writs) are included in the Court's Civil Trial Delay Reduction Program. Local Rule 5
requires that you meet certain time lines for filing documents which must be strictly observed. Failure to
comply with the program rules may result in the imposition of sanctions and will result in the issuance of
an order to show cause why you have not complied.
YOU MUST SERVE THE FOLLOWING DOCUMENTS, WHICH YOU WILL RECEIVE FROM
THE CLERK'S OFFICE, WITH THE COMPLAINT, ON ALL OTHER PANTIES:
A copy of bath sides of this Notice;
A copy of the Notice of First Case Management Confer3nce;
A blank Case Management Conference Statement;
A blank Stipulation and Order For Alternative Dispute Resolution Form;
A copy of Notice Re: March 1, 2000 Implementation of Early Mediation Pilot Program (`EMP)
-Addendum to ADR Information Sheet;
A blank Stipulation To Participate In The Ease-Early Mediation Pilot Project {`EMP"};
A copy of the Alternative Dispute Resolution (ADR) Information Sheet;
A list of Community-Based Dispute Resolution Service Programs
Service must be accomplished and proof of service must be filed with the court, within 60 days of fling
of the comoiaint.
IN ALL ACTIONS A=ILED 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 6(g), WHICH IS REPRINTED ON THE
BACK OF THIS NOTICE.
The first case management conference will be held within 149 days of the filing date of the
original complaint. The exact date is indicated on the form you received from the Clerk's Office when
you filed your complaint. If alli2arties agree an garlier case m n ement conference may be Egguested.
Please contact the Cleric's Office at 646-2801 to request ass' nment to an earlier date.
Possible referral of this case to Alternate Dispute Resolution (ADR)will be discussed at the first
case management conference. Examples of ADR programs offered in Contra Costa county are
descr bed in the ADR Information Sheet. IT IS IMPORTANT THAT YOU REVIEW THESE ADR
PROGRAMS WITH YOUR CLIENT AND THAT YOU VERIFY THAT YOU HAVE DONE rO ON THE
CASE MANAGEMENT CONFERENCE STATEMENT. Use of ADR may increase the possibility of your
client's case being resolved at an early, and less expensive, stage of the proceedings.. All judges in the
Civil Trim Delay Reduction Program are supportive of the use of ADR programs. If you wish to stipulate
to ADR in advance of the first case management conference, you may use the attached farm"Stipulation
and Order for Alternative[Dispute Resolution". This form must be signed by all parties and approved by
the assigned judge before it is submitted to the Clerk's Office for filing.
The Court's Director of ADR Programs is available to consult with the parties prior to the first
case management conference to assist in selecting the most appropriate dispute resolution mechanism
for your case. You may contact the AOR Director at 646-2127.
CV- m/0TlRev."I
#rpt tui Totat of Utfurnis. Mtun#v of eotftm {costa
LOCAL RULE S(g) (revised 111141)
(g) Service of Summons. Comrriaint and Answer.
1. Within 80 days of the filing,the complaint must be served and a proof of service filed with
the court. When a complaint is voluntarily amended for the first time, pursuant to CCP§472,
the amended complaint must be served and a proof of service filed with the court either
within 10 days of the filing of said amended complaint or within 80 days of the ding of the
original complaint,whichever period is longer.
Z. Upon failure to serve the complaint and file a proof of service as required above,an Order to
Show Cain shall issue as to why counsel shall not be sanctioned for failure to comply with
this Rule. Responsive papers to the Ceder to Show Cause must be filed and served no less
than five (5) court days in advance of the hearing.
iOft COM OF-CM.11FORMA.aCtlUN Y+tom OWIM COSTA FOR couff USE OLY
rA.00URr 9TREET,ROOM'103
MAIRMM,CA 94663
V8 -
ST!P t:ATIOM AND ORDER RE: PARMPATION.IN
�, CASE
ALTERNATIVE D03UT RESOLUTION(OADW)
)
in connecllon with the stipulation piadng the above can in
no court%EASE rExtra Assistance to Settle Early Medlatkrn.P.Mg a n
0 Private mediation
The undersigned stipulate,on haft of themselves and their dlents, and the court.so orders
counsel and their receive cliff:
1) To follow all Instructions rued by the Judge assIgh1ng tfre matter to nuutlation'
2) in the case of reference to the court's EASE MediaEion'#grogram,to follow all ADR Pr ograrns Office
kutructions and protocol. .
3) To observe all,statutes,statewide rules of court and local tunes of court regarding participation.In ADPL
4) To make the fogowing commitments with regard to participation In EASE Mediation:
a. That trial counsel,with full knowledge of the moo,and ag clients or principals,wlfl
I DIY attend the,EASE Mediation conference or oonferenoeS.
(C.,ocai f4des of Court,Appendix C,Siecdon 205.)
b. That a dalms representative for each insured party,with flail settlement authority and full
knowledge of the Insurance claim 011e,will M=nft a e i the EASE Mediation
conference or conferences. Qkppendix C, :tion 2015.)
C. That a confldentlal>written EASE statement, containing the.Information set forth in
Appendix C,Section 204 subparts(a)through,(f)will be sutar fitted to the mediator and-
served
ndserved on all other parties five(6) court days in advance of the EASE mediation
conference.
d. T` Ot the parties will have completed sufficient Investigation and discovery to enable
meaningful participation In the EASE Mediation Coriference and to make effluent use of
the medlator's time.
e. That counsel will discuss the mediation pro In depth with their'clients and prepare
them for meaningful participation In mediation, sufficiently In advance of the EASE
Mediation conference.
ST1PULA ON AND OPMW RE:PAR'ri PA'TION IN ALYMMATM DISPUM REWWMON("ADR") (PAGE 4 OF Z
counsel understand and will advise their clients 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 pady`s right to
prosecute or defend this litigation.
Date Plaintiff(s)-Print Name{s}
By,
Signature of counsel or party in propla persona
Print Name
Date PlaintMs)—Nnt Warne(s)
Signature of counsel or party In propla persona
Date DefwWant{n}-Print Ndrne(s)
Print Name
Signature of oourisel or party In propla pis
Print Name
Daft Defendant(s)—Print name($)
By-
Signi6m of counsel or party'In propla persona
Print Name
IT IS S6 OfWERED.
ESata JUNE, SUPER OR COURT
camwm k omew&Ne=w)-cowr wren 4vmy (s)coumn anon-ar w(s)axam2. GOLMRW _
o ae i +► �.re��noret" r"y (►AtxoriA
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF CONTRA COSTA
Case No. CO
_- —, Date complaint filed
Plaintiff(s), Date of first case Management Conference:
vs.
- _
Sdpoledon and Order In Lieu of
Defendant(s) First Case Management Conference
Counsel certify that they have met and conferred on the subjects set forth in Mule of Court 212(b), including
the selection of a process for alternative dispute resolution and the amount of time necessary to complete
sufficient discovery to make the ADR process meaningful Counsel furfur certify that there has been full
compliance with the condifinns set forth on the reverse side of this document> Parties and counsel have
agreed to[select ane]: (EMP[Eariy Mediation Program], (EASE mediation), (private mediation), (judicial
arbitration},(SCAN) and have agreed to completer that process by
Unless Counsel elect private mediation, Counsel will contact the ADR office within five court days of the
firing of this Stipulation to initiate the ADR process.
print name Print name
Counsel for Plaintiff Counsel for Defendant
print name print nerve
Counsel for Plaintiff Counsel for Defendant
Dated:
Subject to the Case Management order to be filed, it is so ordered. The Case Management conference of
is vacated. A further Case Management conference is set for
Plaintift[s]`counsel shell give notice, and shall serve a copy of this order
on the ADI,office.
Dated:
Judge of the Superior Court
r�asc.cv.s7en���mz
IN LIEU OF ATTENDING THE FIRST CASE MANAGEMENT CONFERENCE, THIS
STIPULATION AND ORDER MAY BE USED ONLY IF ALL OF THE FOLLOWING APPLY.
* ALL PARTIES HAVE BEEN 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. STIPULATION IS SUBMITTED DIRECTLY TO YOUR ASSIGNED
DEPARTMENT MINIMUM OF 15 DA'M'S BEFORE TH FIRST SCHEDULED
CASE MANAGEMENT CONFERENCE
* DEFENDANT[S]"FIRST APPEARANCE FEE HAS BEEN PAID OR WILL BE
SUBMITTED WITH THIS STIPULATION AND ORDER
* COPIES (TO CONFORM) AND A STAMPED, SELF-ADDRESSED
ENVELOPE IS PROVIDED FOR RETURN OF THE FILED ORDER TO
COUNSEL
* PARTIES SELECTING A MEDIATION PROGRAM WILL SIGN AND
RETURNTHE "STIPULATION AND ORDER RE PARTICIPATION IN ADR"
(CIV-642/DT) WITH THIS STIPULATION AND ORDER
CMC STATEMENTS ARE FULLY COMPLETED AND SUBMITTED
HEREWITH
Please rote: A request for continuance of an ADR deadline issued in conjunction
with this Stipulation and Order is discouraged and the assigned
Department may require a personal appearance before a continuance
will be granted.
MMC'Cv.S1nPJ611/02
` CM-i 1lf
ATTORNEY OR PARTY YYMOtrr ATTORNEY 0YWW oar arrj+o and ate): Ftp£OL�7 til.'GMiLY
Trite 140.: FAX NO.(C IP"SO.'
VAtAL ADDRESS MPO"�:
ArMFOW FOR
SUPERIOR COURT OF CAUFORNIA,COUNTY OF
St Fr ACORES&
CrTY AND ZIP COCIE
BRANCH NAS
PLAiNT1pi`1PET M N+tER.
DOMMANT/RESPE ENT:
CAS€MANAGEMENT STATEMENT CASENUMOM
(chea one): C ummr a CASE umrm cAsE
(Anaourwt e� a tt L demanded Is$26,000
exceedsr less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: Time: DepL: Div.: Room:
Address of court(if different from the address above):
INMUCTIONS:All applicable boxes must be chocked,and the specified information must be provided.
1. Party or parties(answer one)
a. [ This statement is submitted by party(name).
b. This statement is submitted Jointly by parties(names):
2, Complaint and doses-complaint(to be answered by plaintiffs and or rs-ccrmplainnants only)
a. The complaint was filed on(date).
b. = The cross-complaint,if any,was filed on fdate):
3. Service fto be ar wared try pl intiffs and cross-complainants only)
IL AN par"S named in the t OmPlaint and 01068-Complaint have been served,or have appeared,"have been dismissed.
b. The fob parties warned in the Complaint tar s-complaint
(1) have not been served(specify names and explain worry not):
(2) [ have been served but have not appeared and have not been dismissed(specify narrm).
(3) ] have had a default entered against them (specify names).
c. The following additional parties maybe added(spec fy names,nature of fnvry tvament in case,and the date by which
they may las served").
4. Description of case
a. Type of case in = complaint cross-complaint ('describe,including causes of action).
+rIof4
FIM Adoorw for MWWW.My Use Cir.FUM oc c
x�e c..«.,crs« �cCASE MANAGEMENT STATEMENT nw212
CM-110 fNew July 9,Z=j
PLAMFF/PETRIONER: rasa NUMOSk
DEFENOANWRESPONDENT:
4. b. Provide a brief statement of the case,Inckiding any damages. (if personal injury damages afar sought,.spedfy the irt}ury+arrd
damages dalme4 indttding medcaf expenses to date(incfk ete source and anwuntj estimated ftnttra+medlcaf&epernes,,Imt
earnings to date,and bstimated Adure lost a+ mings. if equitable relief is sow desodbe the nature of the f##@()
(lf more space is needed,dtedr this box and attcah a page dssfgrnated as AKaci~t 4b.)
5. Jury or nonjea'yt bial
The party or parties request = a Jury trial a nonjury trial (if more than one party,provide the name of each party
S. Trial date
a. The trial has been at for(date).
b. No trial date has been set. This case will be ready for trial within 12 months of the date of the Ming of the complaint(ff
not;exp/aln).
c. Dates on which parties or attorneys will not be available for trial(spedfy dates and axpiain reasons for unavallabil ty).
7. Estimated length of trial
The party or parties estimate that the trial will take(oheck cine).
a. days(speofty number).
b. hours(shod causes) (si Y).
S. Triad reprmtentation (to be answe ted for each
The party or patties will be represented at trial p[ by the attorney or party listed in the caption by the following;
a. Attorneys
b. Firth.
c. Address*
d. Telephone number.
9. Fax number:
f. E-m di address*
g. Party representect
Additional representation is described in Attachment 8.
9. Preference
= This rase is entitled to preference fspeo fy codeseatfon).
10. Alternative Dls este resolution(ADR)
a. Counsel = has = has not provided the AOR information page identifled In rule 201.9 to the client-and has
reviewed ADR options with the client.
b. All parties have agreed to a form of ADR.ADR will be completed by(date).
c. The case has gone to an ADR pros (lndkete status).
C&&11O[N*WmY1'z=j CASE MANAGEMENT STATEMENT POW S W 4
PLAlNt°tflPEMC)N R:
ANTiR�Pt7Nt)ENT:
10. d. The patty or parties are willing to participate In(dteck all that Apply):
(1) [= Mediation
(2) [ Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12(discovery to close 16 days before
arbitration under Cat.Rules of Court,rule 16.12)
(3) ( Nonbng judicial arbitration under Code of Civil Procedure section 1141.12(discovery to remain open until 38 days
before trial;order required under Cal.Rules of Court,rule 1612)
(4) t3tnding judicial arbitration
(6) MOM private arbitration
(s) Neutral case evaluation
(7) Oar(app).
e. This matter is aMect to mandatory judloial arbitration because the amount in controversy does not exceed the wry limit.
f. [ Plaintiff elects to refer tile case to judicial arbitration and agrees to limit recovery to the amount specified in Coat:of Civil
Procedure section 1141.11.
g. This arse is WMMpt from judicial arb4tratloo under rule 1WO.6 of than California Rules of Court(specify exea ptba).
11. Settlement cuntemnee
The party or parties are willing to participate in an early settlement conference(specify*herr).
12. itunnarnce
a,. = insurance carrier,if any,for party#fig Oils statement(name):
b. Resomton of rights. = Yes = No
c. = Coverage Issues will significantly affect resolution of this case(explaln).
13. Anitediclion
lixilcate any matters that may effect the courts jurisdclion or processing of this case,and describe the status. T
M Saniouptcy = Other(apecify):
Status:
14. Related cases,consolidedlorn,and coordim Mo n
ML Thenen are crornpardon,underlying.or related cases.
I'I
N arns of case:
2 Name of court:
I Case number.
4 status:
Additional cases axe described to Attachment 14a.
b. A motion to consolidate coordinate will be tiled by(name patty)::
16. Stfureation
The party or parties intend to file a motion for an order bifurcating,severing,or coordinating the following issues or causes of
action(specify moving party, typ+a of motion,and reasons).
16. Other motions
The party or parties expect to file the following motions before that(specify moving ferny,Wvof mo r,and is�):
CU-I10fhow.%Ay1,20021 CASE MANAGEMENT STATEMENT r+403W4
Pt,AINTI Flf'ETiT ONER; CASEt Ek
pEFE4OANr1RS6 NDelT:
17. DISCOvary
a. The pehY or partes have completed all di vert'.
b. The following discovery will be completed by the date specified(describe all a n6*ated dl tvery):
a. (
The following discovery Issues are anticipated(specffy).
1 a. Economic Udgatibo
a. This is a Nrrulted old case i.e.,the amount demanded is$2s o lg or leas)and the economic litigation procedures In Code
of Civil Pwaxture sections 90 through 98 will apply to this case.
b. This is a limited ail case and a motion to withdraw the case trom the economic litigation procedures or for additional
discovery will be fied((l dwdrad,axplaln spechUslty+dory economic Ogallon procedures nslating to discovery or trtat
shoLdd not apply to 098 Carus):
(�
The party or parties request that the following additional smatters be considered or determiried at the rase management
conference(s pedfy).
20. Mod and Conten
a. = "Tire party or parties have met and ronterred with all parties on all subjects required by rule 212 of the California Rules of
Court(if not,axpWn).
b. Atter meeting and conferring ars required by rube 212 of the California Rules of Court,the parties agree on ft,following
(SPOCOW:
21. Case management orders
Previous case management orders in this case are(c)ea ane): norm = attached as Attachment 21.
22.. Total-number of pagers attached(if any).
I am completely familiar with this case and will be fully prepared to disks the status of discovery and ADR, as well as other rues
to lsed by this statement,and will possess the authority to enter Into stipulations on these Issues at the time of the terse marmp Yfem
oon#enum,Including the written authority of to party where required.
Date:
(rWVE OR PRWr HAMM (SMATUAE GP PNM OR ATTi Y)
(TYPE 08 MW NAME) MW4ArJFQ OF:PAIM OR ATTCFPWV)
Additional signatures are attached
cs�-„o rHw.suns v,x y CASE MANAGEMENT STATEMENT pow 4 a 4
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF CONTRA COSTA
} No.
Plaintiff, }
}
VS. ) STIPULATION AND ORDER FOR
} ALTERNATIVE DISPUTE
} RESOLUTION
Defendant. }
}
The parties stipulate that all claims in this action shall be submitted to:
11 Private mediation.
The SCAN Program.
® The EASE Program.
G`, Non-binding judicial arbitration under CCP section 1141.12.
CI Binding judicial arbitration.
C1 Binning private arbitration.
M Use of a Special Master.
71 Other(specify)
Gate: , 19
Plaintiff Defendant
Attorney for Plaintiff Attorney for Defendant
IT IS St's ORDERED.
Judge of the Superior Court
CV-655vD7li 1-00
CONTRA COSTA COUNTY SUPERIOR COURT
ALTERNATIVE DISPUTE RESOLUTION INFORMATION SHEET
Contra Cosh County Superior Court offers numerous alternative dispute
resolution options to civil litigants at various stages of a case. These options
encourage the parties to resolve their dispute instead of preceeding to trial. This
information sheet 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
AUR Programs, Appendix C of the Local Rules, and the Court's web site, www.cc-
c aunts,arg,,
THE "SCAN" PROGRAM
Summary Case Assessment by Neutrals
At the initial status conferences held under the Fast Trach rules, the court will
identify cases for inclusion in the program. Selection criteria will include subject matter,
number of parties and complexity of issues, Ideally, the best 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. Cases selected for the SCAN program wits still be eligible for all
additional alternative dispute 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 with one or two
experienced litigators. It is hoped that the output of this conference will enable counsel
and their clients to confirm the value of the claim, predict probable case outcome (to
the extent this is possible in a jury trial system), and choose from the wide array of
available case management tools those which are most likely to lead to'a cost-effective
disposition of the dispute. Unlike the EASE Program, described below, it is not the
purpose of this program to achieve a settlement of the case at the SCAN conference,
although it is contemplated that a number of matters will settle shortly thereafter. The
principle focus of the program is to provide an early, neutral "read" on the case, leaving
the parties in a better position to resolve the case on their own.
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 parties will be
required to attend the conference with counsel. Written statements not to exceed five
pages summarizing the facts and the key legal arguments, including relevant legal
authority, will be provided to the neutral evaluator(s), exchanged with opposing counsel
and a copy submitted to the ADR Director no later than five court days in advance of
the conference.
A
Special Nate: SCAN evaluators volunteer to give two hours of pro bono service
on each case, or consolidated case, they accept, ADR Programs Office guidelines
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 Bono
basis. Any deviation from these guidelines resulting in less pro bona time should be
discussedlagreed in advance between the evaluator and counsel.
THE "EASE" PROGRAM
Extra Assistance to Settle 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 are experienced attorneys. A few are professionals in other fields
(e.g., CPA, real estate professional). Counsel must confer, mutually agree on a
mediator and confirm that mediator's willingness and ability to tape 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 following the reference to EASE.
The EASE conference is scheduled by the mediator and ordinarily takes place at
the mediator's of'f'ice. EASE statements must be received by the mediator and by the
court's Director of AIR Programs no later than five days before the conference,
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 mediator's goal is to help the parties resolve their case. The mediator
ordinarily spends a morning or an afternoon with the parties 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 dues not settle, the mediator considers options for streamlining discovery
and other pretrial proceedings. FolloWng the EASE conference, if authorized by all
participants.in the mediation, the mediator prepares a confidential written summary for
the assigned judge.
Special Nate: EASE mediators volunteer to give two hours of pro Bono service
on each case, or consolidated case, they accept.
2
JUDICIAL ARBITRATION
Under California Code of Civil Procedure, Section 1141.10 et seq., all uses in
which the amount in controversy does not exceed $50,000 m..st be submitted to judicial
arbitration. A plaintiff may stipulate to limit his or her recovery to $50,000, in which
case the matter will 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 are generally able to select an arbitrator of their choice from
the list, but if they cannot agree an arbitrator will be assigned. Under California Code
of Civil Procedure, Section 1141.18, arbitrators are paid at the rate of$150 per case or
$150 per day, whichever is greater. All of the arbitrators on the court's list have agreed
either to waive compensation or to look 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 do not apply. The arbitrator then
renders a decision. Unless the parties stipulate theat the arbitration will be binding,
either party may request a trial de novo. If a new trial is not requested within 30 days,
or such� lesser period as the parties may agree, the decision becomes an enforceable
firai udgment in the case.
BINNING PRIVATE ARBITRATION
At any time during the pendency of the case, the parties may stipulate to bindin
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 1286.2. The rules for the conduct and
enforcement of binding arbitration are similar to the rules for judicial arbitration and are
set forth in California Code of Civil Procedure, Section 1280 et seq.
Arbitrators may, but are not required, to be selected from the approved list
maintained by the Alternative Dispute Resolution Programs Office for non-binding
judicial arbitrations. The parties are responsible for paying the arbitrator's fees and the
arbitrator is not limited in the amount charged. The parties are also free to select an
arbitrator not on the court's approved list if they so desire.
3
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 laser 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,
personally 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 case, and will explore the strengths and weaknesses of
the case in order to ensure that a realistic assessment of the risks and possible
benefits is being considered. Frequently, parties become 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 trade
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
mediator'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 ALT
Programs is available to discuss available mediation services.
Although private mediation is often most 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.perPorm any of a wide variety of tasks such as case management,
resolution of discovery disputes, fact-finding, 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 object.
4
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
Cade of Civil Procedure Section 539, the court may appoint a special',mastedreferee
without the consent of the parties and carder the parties to pay the reasonable costs of
the appointment.
THIS "SMART" PROGRAM
Special Masters Actively Resolving Trials
On the morning 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, the case is
assigned to a mediator who will conduct a settlement conference on behalf of the court.
The mediator will spud 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 Bar Association. They are highly experienced attorneys who
generally have background in the subject matter of the cases they are assigned.
SMART mediators are provided with copies of the issue conference statements in
advance of the settlement discissions, and they ordinarily have reviewed with the
judge any prier settlement discussions that have occurred under the direction of the
court. Although confidential 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 the judge
directly in the settlement discussions.
THE "TOT" PROGRAM
Trials On 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 than their case may be heard by a volunteer Pro Tem Judge appointed under
Article S, Section 21 of the State Constitution and Rule 244 of the California Rules of
Court, if the parties so agree, the program guarantees a date certain for the trial
(usually within three-four months) and a trial judge who will hear the case from 9:00 am
to :Ott p.m. each day. The parties obtain a jury panel from the regular jury pool and
preserve their right of appeal. A bailiff and clerk are provided on the first day of trial
only, and the parties must provide their awn court reporter.
5
The TOT program is designed principally for jury trials of not more than five days
in total length with issues controlled by BAR Effectively, this means uses in which the
case will go to the jury by early to mid-afternoon on Thursday, assuming a regular
Monday start date. In special circumstances, however, the court will consider
assignment of longer cases and court trials to the TOT program. Pro Tem Judges are
selected, by counsel, from a list of experienced volunteer attorneys.
CV UCT/Rev.9-25 ?
6
COMMUNITY-BASED DISPUTE RESOLUTION SERVICE PROVIDERS
There are two community-based dispute resolution programs in Contra Costa
County which are funded, in part, by Dispute Resolution Programs Act funds. Bath of
these organizations offer confidential, cost-effective AIR services utilizing trained,
volunteer neutrals. Their services are provided either free of charge or at a very low
cost to the parties.
Please call them directly for further information.
Conflict Resolution Panels of
Contra Costa ("CRP")
925-798-6132
California Community Dispute Services
513-231-4190
cv ,asswar/Rev.$-01
ADDENDUM TO ALR INFO. SHEET - MUST BE SERVED ON ALL OTHER PARTIES
NOTICE RE: MARCH 1, 2000 IMPLEMENTATION OF
EARLY MEDIATION PILOT PROJECT ( ;EMP-)
The AIR Programs Office of Contra Costa 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 §1730 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 lever,
tiled 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 form 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 free, and encouraged, to engage
the private mediator of their choice. All mediators will be required to complete and return ADR
Form-100 - 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 pro bona basis. Some mediators also provide the first
one (1) hour of preparation and scheduling on a pro bona 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 Y2ur opportunity to
provide input to the Court and the Judicial Council re: what works, what doesn't wont and what
should be changed in order to make court-based mediation even more effective as a dispute
resolution tool.
FURTHER INFORMATION: For further information about EMP or about mediation in general,
or to start the intake process for your case, please contact EMP staff at the ADR Programs
Office: 92r-546-2127t925-646-2910(fax). We look forward to your participation in this
groundbreaking program.
cv-$- lc:T/Rev. 6-25-01
I Name: Sar #:
2 Firm Name:
Street Address:
3 City: State: Zip:
4 Telephone#:
Fax#:
5
6
7
8
9
10
11
12
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
13
IN AND FOR THE COUNTY OF CONTRA COSTA
14
15
, Case No. COO-
STIPULATION
16 Plaint' s},
STIPULATION TO PARTICIPATE IN
17 THE EASE-EARLY MEDIATION PILOT
V. PROJECT "EMP-
18 CCP §1730 ET S .(NO FILING FEM
19 Defendant(s).
/
20
21 WHEREAS the parties ("the Parties") to the above-referenced action ("the
22 Action") recognize the value of attempting to resolve their case in advance of trial,
23 The Parties, and each of them, hereby stipulate and agree as follows:
24 1) To submit the Action to mediation through EMP,
25 2) To identify a mutually agreeable mediation service provider; obtain that
26 individual's agreement to act as mediator in the Action; and submit a
27 declaration confirming the name, firm name, mailing address, phone/fax
28 numbers and e-mail address (if available) of the engaged mediator to the
_......_. ......... .._..... . ....._........ __.. ...
_ _ _ ...... ...... ....... ........ ...........................
1 ADR Programs Office no later than fifteen (15) days after the date of this
2 stipulation.
3 3) To observe the time limit for completion of mediation established by the
4 judge to whom the Action has been assigned and/or by EMP staff.
5 4) To participate, in good faith, in the mediation of the Action.
6 5) To complete and timely submit all post-mediation and post-disposition
7 survey devices, as required under the terms of the pilot project grant
8 agreement between Contra Costa Superior Court and the Judicial Council
9 of California.
10 ❑ The Parties have already agreed to and engaged a mediator for the
11 Action. A statement of the med'iator's name, firm name, mailing address,
12 phone/fax numbers and e-mail address (if available) is attached hereto as
13 Exhibit A.
14
1
16 Date Plaintiff(s)--Print Names)
17 By:
1$ Signature of counsel or party in propia persona
19 Print Name
20
21 Date Defendant(s)--Print Name(s)
22
By:
23 fiignature of counsel or party in propia persona
24
25
Print Name
26 [Attach additional signature pages if necessary. This stipulation may be signed in
27 counterparts.]
28 empWipmpd
CLAIM '
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: JANUARY ,21, 2001-
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 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
r 915.4. Please note all"'Warnings".
AMOUNT: $10,000. DEC
CLAIMANT: LOU PLUMMER C0ONrCALi,
ATTORNEY: MICHAEL RUPPRECHT .DATE RECEIVED: DECEMBER 18 , 2002
ADDRESS: 18 CROW CANYON COURT, BY DELIVERY TO CLERK ON: DECEMBER 18 , 2002
SAN RAMON, CA 94583
BY MAIL POSTMARKED: HAND DELIVERED
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOAN SWEETEN, Jerk
Dated: DECEMBER 19, 2002 By: Deputy
H. FROM: County Counsel TO: Clerk of the Board of Supervisor
( ,T is claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 914.8).
( ) Claim is not timely filed. The Clerk should return claim on around that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( ) Other:
a .
Dated: 01�2By: t� iL' � " ,. ._ 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.
JANUARY 21 2003
Dated: 3 JOHN SWEETEN, CLERK, By F '_ ,Deputy Clerk
WARNING (Gov. code sectiori'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.
2003
Dated: JANUARY 22, JOHN SWEETEN, CLERK.By Deputy Clerk
lI r
F
CLAIM
BOARD OF SUPERVISORSOf CONTRA CU TA OUNT'Y
BOARD)AMION: JANUARY 21, 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: $10,000.
CLA VL NIT: LOU PLUMMER
ATTORNEY: MICHAEL RUPPRECHT DATE RECEI'V'ED: DECEMBER 18 , 2002
ADDRESS: 18 CROW CANYON COURT, BY DELIVERY TO CLERK ON: DECEMBER 18 , 2002
SAN RAMON, CA 94583
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, lark
Dated: DECEMBER 19, 2402 By: Deputy
T.I. FROM: County Counsel TO: Clerk of the Board of Supervisor
( } 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 Beard 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
n 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
mmediately. *For Additional Warnn See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
states, over age 18; and that today I deposited in the United States Postal Service in Martinez,California,postage fully
repaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Wed: JOHN SWEETEN, CLERK By Deputy Clerk
Cla im 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, 1987,
mint 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 cusps 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 ether cause of action gust be presented not
later than one Year after the accrual of the cause of action. (Govt. Cade 5911.2.}
B. Claims mist be filed with the Clerk of the Beard of Supervisors at its office in
Room 106, County Administrations Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather t-an
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims mist be
filed against each public entity.
E. Fraud. Sem penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
} RECEIVED
Against the unty of contra casts
DEC 1 8 2002
or 3
CLER SOARt3 OE SUPLUMSORS
ofv o District) CONTRA COSTA Co.
ill in name
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sure of $ o 0 t1 and in swapport of
this claim represents .as follows:
1. When did the damage or injury occur? (Give exact date and hour)
.rr.r+war++.e r. r .rr..r r _._ —.wro..r.«r+r+r+�w.�r.r++++•w• •+
■ Where did the damage or injury occur. (Znalude city and counter)
12_� -I L_ f 4 T r? ri p - .L_. A (_"z-rom>
3. How did the damage or injury occur? (Give full details; use extra paper if
required) #'G e_^ r-R LD
4. What particular act or omission on the part of county or district officers,
servants or .employees caused. the.injury or die'
Te'd TZVT 5E£ SEG iN3W9bNUW AS18 ODD 2T:LT Z00Z-LT-D3G
5. Wnat are the names of county or district officers, servants or employees causing
the damage or injury? y
�......_.. ...o.._ ......._ .�__.._ .._....._.._�._. ......�.._....... _........._.._.�__
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Ate_6- A 4 4 ,AP
7. How was the amount claimed above computed? {Include the estimated amount of any
prospective injury or damage. $ Cmc v- - i
�2 t4.S �'2 • �d A L 6 tai+ 1r O t&-,+t
8. Names and addresses of witnesses, doctors and hospitals.
9. List the expenditures you made on account of this accident or injurys
DATE IT EM AIMD U*NT
Gov`. Code Sec. '910;2 provides. '
"The claim must be signed by the claimant
SM NOTICES T0: (Attorney) or by some arson on his.behalf."
Name and Address of Attorney
9 Cry �c� "�`" Claimant"s si
Telephone N
2-5-439" 0 S 6 Telephone xo S a !56 �- 9
I I
N 0 T I C E
Section 72 of the Pena?. Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or cfficeer, or to any county, crty or district board or
officer, authorized to allow or pay the same if .genuine, any fol ski or fraudulent
claim.. bill, account, voucher, or writing, is punishable either, by imprisonment in
the county jail. far 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 ($1( 000, or by
both such imprisonment and fine.
��"d TdbT 222 SZ6 1N3WDbNt}W ASTd 330
CLAIM
BOARD OF SUPERVISORS OF COLMA COSTA-Co •
BOARD &MON: JANUARY 21, 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 GovernmentCode Section 913 and
< 915.4. Please note all "Warnings".
'AN 1 3 2003
AMOUNT: $577.05
CLAIMANT: RICHARD BROWN thARTNEZCAL fF,
ATTORNEY: UNKNOWN DATE RECEIVED: DE_CEMBER 17, 2002
ADDRESS: P.O. BOX 1008 BY DELIVERY TO CLERK ON: JANUARY 13, 2003
BECHEL ISLAND, CA. 94511
BY MAIL POSTMARKED: DELIVERED BY RISK MGMr.
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWElark
Dated: JANUARY 13, 2003 By: Deputy b
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 Bled. 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: " ` - _ .� ount 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).
CV. BOARD ORDER: By unanimous vote of the Supervisors present:
,x4 This Claim is rejected in full.
; ) Otger:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
)ated: JANUARY 21, 2003 JOHN SWEETEN, CLERK,By . Deputy Clerk
WARN'ING(Gov. code sectiotf 9135
)ubject to certain exceptions, you have only six(6) months from the date this notice was personally served or deposited
n the mail to file a court action on this claim. See Government Code Section 945.6. You may seem the advice of an
Lttomey of your choice in connection with this matter. If you want to consult an attorney, you should do so
mrnediately. *For Additional 'Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
declare under penalty of perjury that I am now, and at all tithes herein mentioned, have been a citizen of the United
Mates, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully
repaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
}aced. JANUARY 22, 2003 JOHN SWEETEN,CLERK.B Deputy Cleric
.e'r
CLAIM
BOARI>OF SUPERVISORS OF CONTRA COSTA CO
BOARD ACTI()N: UARY 21.., 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: $577.05
CLAIMANT: RICHARD BROWN
ATTORNEY: UNKNOWN DATE RECEIVED: DDE--BER 17, 2002
4DDRESS: P.O. BOX 1008 BY DELIVERY TO CLERK:ON: JANUARY 13, 2003
BECHEL ISLAND, CA. 94511
BY MAIL POSTMARKED: DELIVERED BY RISK MGMr.
"ROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWE Jerk
Dated: JANUARY 132 2003 By: Deputy
J. FROM: County Counsel TO- Clerk of the Board of Supervisors
. ) This claim complies substantially with Sections 910 and.910.2.
This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.5).
Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
Other:
)ated: By: Deputy County Counsel
11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
Claim was returned as untimely with notice to claimant(Section 911.3).
V. BOARD ORDER: By unanimous vote of the Supervisors present:
This Claim is rejected in full.
Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
aced: JOHN SWEETEN, CLERK, By , Deputy Clerk
WARNING(Gov, code section 913)
.ibject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited
the mail to file a court action on this claire. See Government Code Section 945.6. You may seek the advice of an
torney of your choice in connection with this matter. If you want to consult an attorney, you should do so
imediately, *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
leclare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
aces, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully
epaid a certified copy of this Board Carder and Notice to Claimant, addressed to the clamant as shown above.
ited: JOHN SWEETEN, CLERK By Deputy Clerk
LC4`CJd®C�+"1.1G tJ•'t3 �,�,L RtJI\ f-IhtVY'fL11'ICfVf ... �GJ JJJ::.1aG1::.. ......
Claim to: BOAR) OF SUPERVISORS OF COMMA COSU C.UtM -
INMUCrIONS T4 CLAIMAn
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.death or for injury to person
or to personal property or growing crops and which accrue an or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims'relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code 5911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Rom Ro146, 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 fillet: 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
} cs
� `
Against the County of Contra Costa ) c C ,r`
C-
or w
District}
X31.]. 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 supporU of
this claim represents•as follows:
1. When did the damage or injury occur? (Give exact date and hour) aoev o— t3r.44-Av....
2. Where did the damage or injury occur? (Include city and county)
P s f�JL a rq,01 C a ci i.a A et k 4 ix
d9►r �t. ) Y
401f rrrT�rJ, > v r�J }'WCr TO�'r� xcsrs�
3. How did the damage or injury occur? (Give Hill, details; use extra paper if
required) rNJq,5 46—A—& :rA to C 6 7v,12*_ r4.w0j.$,4s 1""hcew.3 -1A g.^V_Z-ha r,-I
'i t 1 1s✓,y rn+ g[„s:�gj{i.{t tj$,14 C c , J,q,�y'r�r P O A X��}1.$41W4
+41W 4 AO 4,Wo t .�-ve*0,1,9 jr,
,,i,q o15[,*r,,. vr'7� yy
'4 c t-' l i t 1 � i 7` J�/ /�►P s J ioY-✓�' #N 0�.4 c iv 150c 4-r'! /`/ -c c rq 1E �!."S.o f y�f r'Vt3 i.til' `T�a.�*, I�..17G'``.�
-,ho i_r,,
4. What particular act or omission on the part of county or district officers,
servants or ,employees caused.the.injury or damage? At,T t0o r klv`k t. 74 43 02"
`gip it 1/V605.4l6l 6 hou1'0 &
JJCL � J� 13 zi7 LLL tC t JYr.1'It fiYt IUI'ICfY! tea �a} 144 1 r vJ}
7. Wnac a.-e Vie names of counzy or district officers, servants or employees causing
the damage or injury? j ,g E a r ct c+rvp'g- 16,3Cr
6. What damage or injuries do you claim resulted? Give full extent o3 injuries or
damages claimed. Attach two estimates for auto damage. 7h �JV1_f 4
dos l�h t%o,W�'✓2is41.-rs/-0r5 to vgz-,�d�`r`rr/1 ✓c��s' c� 1h ��Y� ��a�� R.x
1 f17 t a ria r, A< w-i z-r
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage,) C0,4;7-d4 1?.'f-L r6 r0 4,�,V
rhe iv�Cv 1044 T'6.
3. Names and addresses of witnesses, doctors and hospitals.
90. List the menditures you made on account of this accident or inj4uz7;
BATE IM MOUNT
• � �F aF ���'�F�if iF � �F �� 9 a 10 �f,�
Gov. Code Sec. 0,10;2 provides:
"Ine claim must be signed by the claimant
SES ACES TO: (Attorney) or some 2EaM on his.b-_'a.lf."
Name and Address of Attorney
CClai punt e s S i ,niature)
Telephone No. Telephone No.9;? ' �s14*�'� r
&
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 -tri any county, city or district bce.+^c3 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 s period of not more than one•year, by a fine of not exoeeding
one thousand ($1,000), or by 'both such' imprisc>rimennt 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.O3
c4eoa,
V
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY "
BOARD ACTION. JANUARY 2'1, 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
ty. Pursuant to Government Code Section 913 and
ra
915.4. Please note all "Warnings".
$979 ,.363.
AMOUNT: '
COUNTY COUNSEL
CLAIMANT: VIVIAN E. NOBLE MRTINE CALIF"
ATTORNEY: KEVIN J. CLARK DATE RECEDED: DECEMBER 20, 2002
ADDRESS: 411 HARTZ AVENUE #200 BY DELIVERY TO CLERK ON: DECEMBER 23 , 2002
DANVILLE, CA 94526
BY MAIL POSTMARKED: HAND DELIVERED AT
4 : 58 PM
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETE� Iek
Dated: DECEMBER 23 , 2002 By: Deputy µ
II. FROM: County Counsel TO: Clerk of the Board of Supervis6ris
(4'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 sonotifying 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).
5' _ c �( Other:
�.:
t3r ;J.7= .. i `,+ - t/d "Pyle' Z € "fit,
r
Dated: By z UJ,". Deputy County Counsel
III. FROM: Clerk 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:
(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.
JANUARY 21 2003
Dated: � JOHN SWEETEN, CLERK, By :�°� `��' ,: . , Deputy Clerk
WARNING(Gov. code section-'913) `
Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side of This Notice,
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United
States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully
prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dated: .JANUARY 221_2003 JOHN SWEETEN, CLERK.By Deputy Clerk
OFFICE OF THE COUNTY COUNSEL A SiLVANO B.MARCHESi
COUM�Y OF CONTRA COSTA ' =; "� COUNTY COUNSEL
Administration Building
SHARON L. ANDERSON
651 Pine Street, 911, Floor
Martinez, California 94553-1229 /( s �f Z CHIEF A5515TANT
;
E $F� .✓" 8
(925) 335-1800 O GREGORY C.HARVEY
i P�;+ a§1d`` " _ �y i VALERIE J. RANCHE
(925) 646-1078 (fax) � : t a / AsswANT5
NOTICE OF UNTIMELINESS
AS TO A PORTION OF THE CLAIM
TO: Kevin J. Clark
Attorney at Law
411 Hartz Avenue, Suite 200
Danville,CA 94526
RE: CLAIM OF: Vivian E. Noble
Please Take Notice as Follows:
In regards to the claim you submitted on December 20, 2002, on behalf of Vivian E. Noble,
portions of the claim are timely and portions are untimely. The portions of the claim prior to June 23,
2002 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to
comply substantially with the requirements of California Government Code Sections 901 and 911.2,
because they were not presented within six months after the event or occurrence as provided by law.
Because the portions of the claim prior to June 23, 2002 were not presented within the time allowed by
law, no action was taken on those portions of your claim. The claim was forwarded to the Board for
action only on the timely portions of the claims.
The only recourse at this time is to apply without delay to the County of Contra Costa governed
by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See
Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some
circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code.
SILVANO B. MARCHESI
COUNTY COUNSEL
Monika L. Cooper
Deputy County Counsel
Page 1
CERTIFICATE OF SERVICE BY 1VIAIL
(C.C.P. §§ 1012, 1013a,2015.5,Evidence Code§§641,664)
t declare that my business address is the County Counsel's Office of Contra Costa.County,651 Pine Street,Martinez,California 44553;1
am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true
copy of this NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct. Executed in Martinez,California.
Dated: December 31,2002 f
cc: Clerk of the Board of Supervisors(original)
Risk Management
Page 2
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: JANUARY 21, 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 N below), given
Pursuant to Government Code Section 913 and
915.4. Please note all"Warnings".
AMOUNT: $979,363.
CLAIMANT: VIVIAN E. NOBLE
ATTORNEY: KEVIN J. CLARK DATE RECEIVED: DECEMBER 20, 2002
ADDRESS: 411 HARTZ AVENUE #200 BY DELIVERY TO CLERK.ON: DECEMBER 23 , 2002
DANVILLE, CA 94526
BY MAIL POSTMARKED: HAND DELIVERED AT
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SWEETEN,C
Dated: DECEMBER 23, 2402 By: Deputy
IL FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
( } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of
claimant's right to apply for leave to present a late claim(Section 911.3).
( ) Other:
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, CLERKBy Deputy Clerk
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA C=M
INSTRUCTIONS TO CLADVNT
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 muses 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 sic 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 Kith the Clerk of the Board of Supervisors at its .office in
Room 1076, County Administration Building, 651 Pine Street, Martinez, CA 54553.
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.
E. * Fraud. See penalty for fraudulent claims, Penal.. Code Sew. 72 at the end of ,:his
form.
RE: Claim By } Reserved for Clerk's Filing stamp
Against the County of contra Costa
or
District)
`ill in M �
The unders i gned*-claimant hereby makes claim against the County of Centra Costa or
the above-named District in the sum of $ JZ24,JCi and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour) .
�........_ :. .......... .... . . .. .. ....�.._---w...------.._»_
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)
4. What particular act or omission on the part of county or district officers,
servants or-employees caused.the injury or damage?
(over)
5. wnat are the names of county or district officers, servants or employees causing
the damage or injury?
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
_ wYrrw�w.� �._rYN.w ysMr.+Y+r rr
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.
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
SEND NOTICES T0: (Attorney) or,by some erson on his. behalf."
Name and Address of Attorney
Claimant's Signa ure
t .
l
Address
tlt � CA
Telephone No. - 'V:L 1- 5 4 Telephone No. `
* * + € "'T *
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 ($1,000), 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 by: Vivian E.Noble, R.N
Against the County of Centra Costa
Attachment
I. When did the damage or injury occur?
It began on 5/13/42 at 15:05 with varying dates through 12-05-02 such as:
5115/42 8/47/02
6/3/42 9/16/02
6/19/02 10/28/42
6/28/42 11/07/02
7/18/02
Other dates known to defendant, unknown to claimant
2. Where did the damage or injury occur?
Contra Costa Regional Medical Center
2544 Alhambra Ave.
Martinez, CA
3. How did the damage or injury occur?
Employee was removed from position as PM Charge Nurse on 4C/D in
violation of the C.N.A. contract while being assured of no misconduct by
management.
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
Wrongful termination.
Breach of contract. Wages premised were denied.
Defrauded of accruals by forgery of signature.
Failure to resolve hostile wank environment for claimant in timely fashion.
Intentional infliction of emotional distress.
Negligent infliction of emotional distress.
Invasion of privacy by illegal taping. (Criminal Complaint filed)
Use of illegal tape by personnel and management.
Defamation of Character. false light, libel, slander.
Other various acts.
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
Sylvia Luz, D.O.P.N.
Shelley Pighin, Acting Health Services Personnel Officer
Charley Taylor, Personnel Analyst
Margaret Rey, RN
Janice Cormier, RN
Other persons Known to defendants, unknown to claimant.
6. What damage or injuries do you claim resulted?
Invasion of privacy
Threats of physical danger
Injury to professional reputation
Harassment
Extreme emotional distress
Physical Distress
Loss of pre-approved vacation
Lost wages and benefits
7. How was the amount claimed above computed? (Include the estimated amount of
any prospective injury or damage.)
Unpaid past wages and benefits: 19,266
Future lost wages: 254,096
Reduction in retirement benefits: 656,000
Invasion of privacy 50,000
Total 979,363
8. Dames and addresses of witnesses, doctors and hospitals.
Frank Haudek S.J. (19 visits for Pastoral Counseling)
3454 Hamlin Rd.
Lafayette, CA 94549
Kara Winter, Ph.D.
177 La Casa Via, #1
Walnut Creek, CA
Judy Bliss, M.D.
Contra Costa Regional Medical Center
2500 Alhambra Ave.
Martinez, CA
Debby Oerhlein, RN
444 Eagle Nest Ct.
Martinez, CA 94553
Jim O'Donnell. C.A.D.C., C.E.A.P,
Employee Assistance Program Director
1236 Escobar Street
Martinez, CA 94553-1.299
Christy Diggins
3060-4 Lakemont Drive
San Ramon, CA
Various other friends and family members; various staff members on 4C/D, and
other witnesses known only to defendant.
9. List the expenditures you made on account of this accident or injury:
Date Item Amount
6/05/02 Dr. Judy Bliss (unknown: paid by CCHP)
11/7/02 GG GG
6/16/02 Dr. Kara Winter (unknown: paid by CCHP)
6/22/02 44 44
7/3/02 £4 G6
7/10/02 G4 4G
7/17/02 GG 4G
7/31/02 G4 <G
8/7/02 4G 4G
8/16/02 G4 G
9/13/02 GG G4
9/20/02 GG 4<
11/11/02 4G GG