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HomeMy WebLinkAboutMINUTES - 12142004 - C.29 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOAAR.D AC'T'ION:DL'r-H4B -1.4,, 2004' ' 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 Hoard of Supervisors. (Paragraph IV below), given Pursuant to government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: UNKNOWN ?. .,. CLAIMANT: DANIEL ORTI >, ATTORNEY: STEVEN L. DERBY DATE RECEIVED: NOVEMBER 09, 2004 THE DERBY LAW FIRM ADDRESS: TWO WALNUT CREEK CENTER BY DELIVERY TO CLERK ON: NOVEMBER 09, 2004 200 PRINGLE AVENUE, SUITE 350 WALNUT CREEK, CA 94596 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the.Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. NOVEMBER 09 2004 . JOHN WEE erk Dated. By: Deputy II. MOM: County Counsel - TO: Clerk of the Beard ofSup isors (._)_This claim complies substantially with Sections 910 and 910.2. 4 ( ) 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: y rV pef Dated: r' By: Deputy County Counsel III. FROM: Clerk of the Heard TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. ARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. ( ) Other: f 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;; 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or depositec in the mail to file a court action on this claim. See Government Code Section 945.06, 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 ander penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez,California, postage fully prepaid a certified copy of this Beard Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK.By 41 =f Deputy Clerk The Oubp labi fim Professional Corporation Two Walnut Creek Center Tel-(925)935-8923 200 Pringle Avenue,Suite 350 Fax-(925)937-4273 Walnut Creek,CA 94596 RECEIVED November , 2004 NOV 0 9 2004 HAND DELIVERY SUPERVI OkS Contra Costa County Board of Supervisors 651 Pine Street, I't Floor Martinez, CA 94553 Re: Ortiz v. Contra Costa County, et al. HONORABLE MEMBERS OF THE BOARD: This is a Government Tort Claim brought on behalf of Daniel Ortiz, husband of Shari Ortiz, whose address is P.O. Box 5242, Bay Point, California 94565. All communications concerning this claim shall be directed to this office. You are specifically instructed not to contact Mr. Ortiz. This claim is based upon the following facts: On May 9, 2004, Mr. Ortiz was walking with this wife Shari on Riverside Drive across from Pacifica Park in Bay Point, California at approximately 12 noon. As Daniel and Shari were walking,with Shari in front, Shari stepped in a broken section of the sidewalk slipped and suffered severe injuries including dislocation of her left shoulder a fracture in her left elbow. Ms. Ortiz is still in treatment for these injuries at this time. At all times herein relevant, Mr. and Mrs. Ortiz were married and living together. At the time of Ms. Ortiz' injury as referenced above, this particular section of sidewalk was in a dangerous and unsafe condition because, including, but not limited to, the following: 1. Inadequate construction/maintenance; 2. The absence of adequate warnings; 3. Other negligence of county personnel whose names are unknown to claimant at this time; We are informed and believe that Contra Costa County had actual and constructive notice of the dangerous of this sidewalk but was negligent in designing and implementing a remedy for the problem. The individuals who were negligent are unknown at this time but believe to be employees or agents of the Department of Public Works for Contra Costa County. Page Two Re. Ortiz v. Contra Costa County, et al. We are further informed and believe that the crosswalk and its surroundings do not comply with the Americans with Disabilities Act and further that the county had a mandatory duty to comply with that law. Based upon the foregoing, Mr. Ortiz submits his claim for the loss of consortium due to the injury to his wife Shari Ortiz in an undetermined amount which will rest within the jurisdiction of the unlimited jurisdiction court. Very truly yours, S EN' . D .I�VLERBY SLD/mm mm/Clients/Ortiz/Letters/Letter to CCC-GOV'T CLAIM-Daniel 11/8/04 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY tt BOARD ACTION:DECEb 1BE I:4 h 2004 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: DANTE MOORE WJti T ' ' ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 10, 2004 ADDRESS: 2548 MOMS ROAD BY DELIVERY TO CLERK ON: NOVEMBER 10, 2004 RICHMOND, CA 94806 RECEIVED THRU INTER BY MAIL POSTMARKED: OFFICE MAIL FROM RISK MANAGEK= FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE erk Dated: NCVEMBER 101 2004 By: Deputy if. MOM: County Counsel, TO: Clerk of the Board of SuperAsors { ) This claim complies substantially with Sections 910 and 910.2. ( his 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. ARD ORDER: By unanimous vote of the Supervisors present: {,This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: P4Z JOHN SWEETEN, CLERK., By , Deputy Clerk WARNING(Gov. code secti n 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: x+tid' JOHN SWEETEN, CLERK,By Deputy Clerk �4 SILVANO B.MARCHES/ OFFICE OF THE COUNTY COUNSEL � �..:. COUNTY OF CONTRA COSTA ; j .: COUNTY COUNSEL Administration Building SHARON L. ANDERSON 651 Pine Street, 9'' Floor . I Vit. CHIEF ASSISTANT Martinez, California 94553-1229 #• 'j- * '. }% GREGORY C.HARVEY VALERIE J. RA (925) 335-1800 �' �.n' i$ �;A��� �F• NICHE (925) 646-1078 (fax) '` 4i y AssISTANTs c r NOTICE OF SUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Dante Moore 2548 Moyers Road Richmond, CA 94806 RE: CLAIM OF: DANTE MOORE Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2. or is otherwise insufficient for the reasons checked below: [ ] I. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [X] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] S. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. [X] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ ] 7. You are required to submit your claim on the proper form, which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. Page 1 Dante Moore Re: Claim of Dante Moore Page Two [ 18. Other: SILVANO B. MARCHESI COUNTY COUNSEL Byly / y .. Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) 1 am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street, 9th Floor, Martinez, CA 94553-1229. On November 15,2004, I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claire by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on November 15,2004',Yat Martinez, C fornix. Kathleen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 RECEIVE NOV 10 2004 - CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. BOARD OF SUPERVISORS OF CQNTR k COSTA COUNTY INSTRUCTIONS TO CLAIMANT A A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. 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 Fine 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. rrsti�Ner�rti�wrriarNrsrr�rrrwrraarr:r�r�rrNr�w }■rr�r�rti��rrrr��r���a�rsr�e��r RE: Claim By: Reserved for Clerk's film; stamp Against the County of Contra Costa or } C. zr District) (Fill in the name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of and in support of this claim represents as follows: . V 6161 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include E;ity 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? 5 What are the names of county or district officers, servants, or employees causing the damage or injury? ; , 6. What damage or injuries do your claim resulted? {Give full extent of injuries or damages claimed. Attach two estimates for auto damage .) d, , d q Al 7. Ho was the am unt clat ed above computed? Include the estimated �n °: How rrk't p { mount o-any prospective injury or damage.) �� f�% 2z ; 8. Names and addresses of witnesses, doctors, and hospitals. -��5:✓'�`.'�09'�7'4"'fi.f 9. List the expenditure you made on account of this accident or injury. f� - DATE 'TIME AMOUNT Aylo Iall aaaaa■r[aar■raaaa■■■au ra■a[arrr[■■r■r■r■■■re■ae■■■rrr■rr■a■aara■rrr■■r■■[raar[a■ ) Gov. Code Sec. 910.2 provides "The claim shall be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney j (Claimant's Signature) ) ) (Address) ) Telephone No. ) Telephone No. 1■■■r a■■r■a■rar■■■r■r r I r[■r r r r[r[[■■■[■■f a a a■■■■■!\i r a e/■mile■■a 11111■[a[ria[[[■■■■■■ 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 dollars ($1,000.00), 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 it ' �a ti Y;t and fine. -RECE C ;V �;s Ns I SS IS K3sr fsf+x% Q`­M# i'T II n� C?WNEHro S16NAt HE (most be sii�ftec} ((,�mnrzi accept Xerox sigimiltfes_) -tr iJ tt7 7' <TJ tli of rn m ro n n. in I m r n int rM� Ut +wry V � ria r n fl o rt n th rz rzt am n N mpr y n v ' z IT, t m ? 'wy WSW m " t; X i7 S} -t tt--1 ox3)-4 --f 3)M:31 CR`i tT'#O Q o c t5 in* {,lam );ttt7'{ �I{;5 i-1 G C7 Ela tn L 1 z a u7 z J !n 0to C r -J rn� � 7 to Yn w R zs t} c> i7c3tj c m { -1 t 1 3> 1. nYz,- 0 -<�' CSi C p n t m i l7 Ui r _4 t "II 0 �' � ss Vu m n z C) n � :11 C7{7 iJ _t zt tit _ A C7 e) 7 a m n m n rn 17 t) 7l �@ SCJ N ? G jo � t) ? E�-• � rtt rn f til,t rn o > �. w '),rtt c7 pt,il 0 ro . C✓ t N ,o ern 6)Z1rt� `> ( Iuo0 >> ttC zEl7wtfn zto � c 4 U {n nt C�G in ut� ) 4 c m Prt < X Cn>u m :jG) 0r O m z G7.r.'O.'z f4. •`".v' r�. (n tt C Rt {� M at- rrt m rn �, -tom ` ttl p C7 t tj rn� z z 1 ,q m rrt m m. __.._i___ to X -U t U:u -u c y YJ 3't :ll .13 _,.�..____„_...._..___ __.__._. __w.._.___. ttt IT' III >•-�Els*O:D �. tz may” _ t. � G1 -0. �„ � } _i 77 ill){} ) � t� c,p a m stir m rr c) " rrr fit M-0 m in `nvr m6 End € ai G)F. zG)z mt rn rt ot)�Jr. , m E m'm t .n U�� III rft"G n n"t C7 rrt m a•P n ' C)� x tit O tti C1 Cc in r -^ y{ cn trt EIl i fit H O � 1 z c� R m u7 r rti f umi F cn 0 � ITT "n,po �i I�Pnr C} 1 cs i tni u �m , {} G�EU { a—tJ m: -n 77 �/'� ' { --{ t -ft Sot.t7 z Z= at Y _ 11 If i cs Yn in in invY :ft ll E7 t f iii In th -0 C, tit ` it, ' in to m s { }p 7i fl cr w cr,vI ooc�i ,S rb red 41 1 f L \ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: 112/14 2=1 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given ^' Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $50,000.00 CULIIN CLAIMANT: DEBORAH RAY ATTORNEY: law offices of Panos Lagos DATE RECEIVED: 11/16/2004 ADDRESS: 5032 Woodminister Lane BY DELIVERY TO CLERIC.ON: Oakland, Ca 94602 BY MAIL POSTMARKED: 11/15/2004 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHNSWEETEN, Clerk�� Dated: 11/16/2004 By Deputy --~- II. FROM: County Counsel, TO: Clerk of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( ) Other: Bated: '"" 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: GG JOHN SWEETEN, CLERIC, By , Deputy Clerk WARNING(Gov. code sect'on 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. *Farr 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 COUNT'Y INSI"RUCTIONS TO CLATMAM A. Claims relating to causes of action for death or for injury to person or to per- soaal property or gnawing craps and which accrue on or before December 31, 1587, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the rause of actio. (Govt. Cade §911.2.) H. Claims must be filed with the Clerk of the Board of Supervisors at its ,office ice in Room 106, County Administration Building, 651 Fine 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 mre than one public entity, separate claims mast bez filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code See. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp _Deborah Ray RECEIVE Against the County of Centra Crista NOV 16 2104 or .ERK BOARDOF SU!7E'_ }S Contra Costa Health Services District) CONTRACOSTAG Fill in ii e } The undersigned claimant hereby makes claim against the County of Contra Costa or the above--named District in the sum of $ 50,000 and in support of this claim represents -as follows: 1. When :aid the damage or injury occur? (Cave exact date and hour) @ 6/3/04 between 5:00 - 5:30 p.m. B. Where did the damage or injury occur? (Include city and county) Pittsburg Health Center, 2311 Loveridge Road, Pittsburg, CA 3. How diad the damage or injury occur? (Give full details; use extra paper if required) I tripped over an area rug .. ._�._.r.._...a.�,. .. ....... ---.r,..................... 4. What particular act or emission on the part of county or district officers, se."vants or .employees caused. the-injury or damage? Negligent: placement/minteinc of an area rug wriat are the names of county or district officers, servants or employees causing the damage or injury? Pittsburg Health Center 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. I suffered an injury to my right. knee and an acute right--sided cervicothoracic, thoracolumbar and shoulder sprain/strain 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Pain, suffering, inconvenience and, on-going medical expenses totaling approximately $6,600 to date 8. Names and addresses of witnesses, doctors and hospitals._..__,.._._.._._.��®_.�.__. I was told by "Nicole", an employee at the clinic, that the area rug was a known hazard.; a number of clinic employees witnessed the incident; I have treated at Sutter Delta Medical Center and with Oranje Chiropractic 9. List the expenditures you made on account of this accident or injury_,�.__..��_.._.. DATE IMM VO NT Medical bills to date remain unpaid. .iE Gov. Cade Sec l 910.;�t provides: "The c:.aim twist be,, igned by e 41-iirant SEN0 NOTICES T0: (Attorney) or ,ome 'Arse Aon his. ,' Name and Address of Attorney Law Offices of Panos Lagos ' . Panos Lagos, Esq. WlaimantIi Panos Lagos, Esq. 5032 Woodminster Lane Attorney for Claimatft, rah Ray Oakland, CA 94602 1557 Norine Drive Address Pittsburg, CA 94565 Telephone No. (514) 530-4078 Telephone No. (925) 427-7722 N O T I C E section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for Payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if.genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such' imprisonment and fine,- or by imprisonr)ent in the state prison, by a fine of not exceeding ten thousand dollars ($10-,.000,; or by both such imprisonment and fine. TO: Case No: Date of Loss: V1 DESIGNATION OF ATTORNEY BY CLAIMANT Pursuant to Section 2695.2(c) of the California Code of Regulations, Title 10, Chapter S, I authorizelvt_ ..� Name Relationship to handle my �4�� claim under the above Type of Claim captioned loss. This authorization shall be valid for only one year from the below date unless renewed or revoked by the undersigned. Any and all prior authorizations are hereby revoked by the undersigned as of the date of this authorization. Signature Printed Name Date Address Telephone The Law Offices Qf Panos Lagos TEL.(510)530-4078 5032 WOODMINSTER LANE E-MAIL ADDRESS: FAX (510)530-4725 OAKLAND,CA 94602 PANOSLAGOS@)AOL.COM November 15, 2004 VIA CERTIFIED MAIL D Clerk of the Board of Supervisors County Administration Building NOV 6 2004 651 Pine Street,Room 106 ' Martinez, CA 94553 CLERK CONTR COST, �SCFsy Re: Our Client: Deborah Ray Date of Loss: 06/03/04 Dear Clerk: On behalf of our client,Deborah Ray, enclosed please find the original and one copy of a completed.Claim against Contra Costa County. A Designation of Attorney by Claimant form signed by our client on July 29,2004 is included for your file. Please acknowledge receipt of the original Claim on the enclosed copy and return the acknowledged copy to our office in the envelope provided. Your attention is appreciated. Very truly yours, LAW OFFICES OF PANGS LAGOS Alicia Wilson,Assistant /aw Enclosures CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:DECEMBER 14, 2004 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Beard Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $353.89 CLAIMANT: RONALD EUGENE ORTEGA ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 19. 2004 ADDRESS: 4645 PAC1ECO BLVD;, BY DELIVERY TO CLERK ON: NOVEMBER 19, 2004 MARTINEZ, CA. 94553 BY MAIL POSTMARKED: RECEIVED T'IRU FAX FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN S W E E erk Dated: NOVEMBER 12;_ 2004 By Deputy II. MOM: County Counsel TO Clerk of the Board of Supe isors G��ii 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. OA.RD ORDER: By unanimous vote of the Supervisors present: (VI 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: &. Ae. o JOHN SWEETEN, CLERK, By 4 , Deputy Clerk WARNING(Gov. code sec on 91 ) 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. *.Far Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 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, CLERIC.By Deputy Clerk CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION;DECEMBER 14, '2004 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), giver Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $353.89 NOTE`: PLEASE SEE ADDITIONAL ATTACHMENTS BROUGHT BY MR. R. E. ORTEGA. CLAIMANT: RONALD EUGENE ORTEGA NOVEMBER 24, 2004 ATTORNEY: UNMOWN DATE RECEIVED: NOVEMBER 19, 2004 ADDRESS: 4645 PACHECO BLVD:; BY DELIVERY TO CLERK.ON: NOVEMBER 19, 2004 MARTINEZ, CA. 94553 W BY MAIL POSTMARKED: RECEIVED THRU FAX FROM: Cleric of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. . JOHN SWEE E erk Dated: NO By: Deputy II. FROM: County Counsr 1, TO: Clerk of the Board of Sup sors { ) 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 910.11). - ( ) 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: 4 0 01 0,14 Dated: aa-0V By. Deputy County Couns 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 deposite in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order`and Notice to Claimant, addtessed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK By Deputy Clerk r 9252294212 P.02 NOQ-16-2004 20-34 DISCOVERY DOUSE BOARD OF SUPERVISORS OF CONTR k COSTA COLTN'TY INSl. UCTIONS TO CLAIM NT A A claim relating to a cause of action for death or fo. injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims most be filed with the Clem of the Board of Supervisors at its office its 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 Bled against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. wrrwrrwMYwwwr�rwwwEwrllwYrrwrr�rrrwrrwrrwrrwrt7wrrrr�rrr••wwww�wwwrrrMwwrawrrr RE: Claim By- Reserved for Clerk's filing stamp Against the County of Contra .Costa or District) s,� (Fill in the name) sus°R } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of S " and in support of this claim represents as follows. 1. When did the damage or injury occur`.' (Give enact date and Dour) 2. Where did the damage or injury occur? (Include ,' and covey) WAW �ur f �a 3. How did the dame or injury occhr. (Give fall details. use extra paper if required) Ad 4. What particular act or oinission on the part of coin( or district officers, servants, or employees caused the injury or damage? NCJV-13®2004 20-35 DISCOVERY HOUSE 9252294212 P.03 4t�trat are the names of county or district officers, servants, or employees causin the damage or injury? AYS r,ot k4 t o, 5-Opt (-S"b) 44 A- 4 5 AW do ve-AM �s� � .�,�,.�,mar ,�'-f;�1���,.►r��� � 6. 'Khat damage or injuries do your clairn resulted' give full extent of injuries or damages claimed. Attach two estimates for auto, damage) 7. how was the amount claimed above computed? (Include the estimated amount of.,+f any prospective injury or damage.) �.11•e ,e� Ar* cry=� +r►t-c.t"Namesand addressesI witnesses, doctors, and hos itals. ^ '"u'�rj+" •' hl`I _ ` ' / drx.4-0- de r/sq- a.-A -fir Aek,.t C7,0 irt., ,.t r ► s; # + 9. List the expenditures you trade on account of this' accident or injury. DATE T"IWE A.M LTNT �'., 4.2— /-4 to . (Je-* oclxwa4,� lfrlor- w■awaaaaawaasaraMawraw+Kwewaaaaawasaralar*aaaaaaa•M■sassawsaarr arswsawaw■apwasaasaKs ) Gov. Cade Sec. 910.2 provides "The claim shall be ) signed by the claimant or by some person on his )behalf." -EN'D N.0TICES.TO: jAttorna) Name and address of Attorney (Claimant's Signa re) (Address) Telephone No. } Telephone No. .3' -J17A MKaa■r ado*www7taw ww■s wa■wwaaa aw waaw 5aaawaw•*vo8;*a aas NOTICE P-Ai^4 ■stretisiAet.a wsas1aritk 'a .a , 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 arty county, cite, or district board or officer, authorized to allow or pray the sarin if genuine, arty false or, fraudulent claim, gill, account voucher, or writing, is punishable either by imprisonment in the County,jail for a period of not more than one year, by a pine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the .state prison, by a fine of not exceeding ten thousand dollars ($10,000), or, by berth such imprisonment and fine. 9252294212 P.04 NOV-18-2004 20:35 DISCoUERY HOUSE 48 - L d s _-ter-eu _-pke" D I SC(7VR`r HOUSE 9252294212 P-05 NOV-19-2004 20:35 r, . r 117 z-r/vKJ i-•�r' 16 - 4ar,-1-n-s NOV-•-18-2004 20:36 DISCOVERY HOUSE 9252294212 P.06 Q Cap-- P.o<Box 391.MWOMM.CA 04553-Ma Piro ba t 7. CiiR 7f.. E t WWO 5 '� room Pa�irlws} t D" 179 PWV^ s raiRa r rar a�RwnR. 7.dwfT,fft#V4pV§UV d WMAt 1010 WI-304 at Iota drs to.,yrmttrwrf r ,rwr 1 31 'twirl Fd .Y, . � err s # meq• fl� RO f sn lop Cc01 s9*.maw* 4WW - r <K as fw• 7t- yw zt++l lA%~ } 2b A t#r•M4Ma ZlR,>v1i#Rr CMYiY�l7�1( l4CC#, ,tOCl 37.NR�6Mi#'fAie lder �. PAi ♦ # ►♦ I # OILRC 39* MOMr q.,R,iVi xl. own 1 x 0#0 a1. CW Ox""ft MMh.a cup Crv*) .H+Rns 7M Cr SRL v++eRr Pharr Nip i.R'Hrr.Y f t: rrYer CkrM"Ii } 17 WCo tSS MPJ IM # • # # ' # t}llro' tAP M tl..F.40 47. Pow i'q•,I AD* 4W Dug IV RlMtJaa Nm -Orton;.,RoneAd Lu ener W t M 1 42 1/172B� t0 ll f�1a`W�i hs-IMRtMM IhWfR 131,2 Tu Ri# Rode* CA -UNK o -NA, 9A�My�.it, Ey aKK-A# ST.W 64 MMA!UWiC•�i�Wa�lr � t ��.atow�q +�Woovy p. SM 5-11 142 ft RvhvFLtiwwMfn*+ 1Mw,Yrnr n1. - S t.x0oft a,ve"M #t �Fft* M,Caw Tes 1 Yfl Odwaa � +rMlta ru 4a...r U4 N Tfl•Rd9r• ip hlf *tom i4+r Ytrt 71 F/ Q#40 FOB ID tl While searing 4rt+t incident to a warrant arrest, i found a sroaff amount of whitey crystals (which Wik tested positive for arnphatarniners) in his right front coin pocket, I transported and booked Ortega for H,S1 1377 and the warrant. Waulant# Charms Bait Court 05-032348-5-001 HS11377 rima Sail Contra Costa Superior So Hughes approved the arrest. A. Shields 0611 2t 1400 HM. Reftr C�1� TOTAL P.06 9202294212 NOV-18-2004 20.34 DISCOVERY HOUSE 9252294212 P.01 4645 Pacheco Sovievard Ma6mez,CA 9455'3 Phone;(925)645.9270 Fax;(925)645-9276 Fmc TO: Contra Costa County Board of Superviors; From: Ronald E. Ortega Attention: Ms. Emy L. Sharp Fsx: (925)335-1913 Date: November 1$,2004 Phone., [Click here and type phone number] Pages: 7 Re: CLAIM AGAINST COUNTY CC: MS_Sharon Johnson,Sheriffs Aide 2 Urgent 0 For Review lel Please Comment 0 Please Reply 0 Please Recycle -Comments: Attached please find my"CLAIM AGAINST THE COUNTY OF Contra Costa Counf�s FOR THE LOSS OF MY PERSONAL PROPERTY BY THE SHERIFF'S DEPARTMENT. HARD COPY TO FOLLOW VIA U.S. MAIL BOARD OF SUPERVISORS OF CONTR k COSTA COUNTY INSTRUCTIONS TO CLAIMANT A A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Cade § 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 foram. a*ass*a*aeras*a**e■of*mesa*NOUN a*me****e*easry*Nese*was 0asses er*aaeeae*ea*sas RE: Claim By: 1, Deserved for C'lerk's filing stamp 3 Against the County of Contra Costa or } District) (Fill in the name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 353 . g and in support of this claim represents as follows: I. When did the damage or injury occur? (Give exact date and hour) Ap prAc, x,,,aFes.�L� ,t S� o266 4 (0;-d ,jet.o A�" ► c�a/ H /o:sg C ^,4 Vf ' //1S`,,/ 2. Where did the damage or injury occur? (Include Jty and coui��dy) S955 6t*a4- Aoy 3. How did the damage or injury occur? (Give full details; use extra paper if required) call q10O`-a,&"4t..f /rte 4-4- 4. What particular act or omission on the part of coin or district officers, servants, or employees caused the injury or damage' e / X`Ser d r e. /'f 1- } Ct, �✓* r ,t - t .. l At.5 /,q 5 What are the names of county or district officers, servants, or employees causing they damage or injury? 1-Y.5 . %5; r4•2 4 'Cn re of ("s`t�, 4 sz 6. What damage or injuries do your claim resulted?Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) %7e ' 0- 1,O",r fc X& 7. How was the amount claimed above computed:' (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals. '' ' ` � CF-911,41 1,41 ,544,--W h alo A*..,bf an f►d,0--# cS�c�ru*'�:e_r Azie " e = hs +�,r} z�r '. .S� " rj t Ilat/ / r 94 9. List the expenditures you made on account ofthir accident or injury. - 4' DATE TIME AMOUNT � °� .2 s'.2-- #4-7 4 +asasasass0ssssasasssssssswas saw asarasssassssressNow saName ssasssssNewsom sssssasNow ss Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf." SEND-NOTICES TO:_[Attorney) _ ) Name and address of Attorney (Claimant's Signa re) --p (Address) Telephone No. } Telephone No. XV44 440 -!Isms NO s s a s s**mass***sasss■sssssaasassss s a a a s s a s s s a s s small a s s s s s s a s s■s■s a a a s s a a#s s a NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claire, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), 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. �€cam•u11� CONTRA COSTA COUNTY SHl RIF PS DEPARTMENT CA 00700- � 1 s r=.o.Sox 394,Mact n w=,CA.MM-0039 wl o1a►r, .�NT1 tl +d r. , 11377 krpv +� a. 17601 IL Vk 11rtYf1F;L ,n*t Yi r,DOW ckq e.� No. ( 61961 g.A"*#*J Lear,M 0=4-r— tQ, 7f�rrYr tirtFM f4 .+fi} Y#.tity"Y#y 9aWi�btlw. hLpCu}a+d,RaauwaCl fgafe.i cta WX rbn.IMMN~Muir,QWVOW,W WA*AA VJ%C.0 9 00d"LS"bW,4W*Nu+ow,WAKMZW OM Dftta"�bm L=16WVst t. TaE1 Lt1m!-S3HT(k ft3 NG 41lG1kxY; No1R C Cif �LYr" V stitlr l V&,810,'G H Cecgd r W.c '[Z l4rebword i"3cVlwtYt 1�.Mre•ril4'r Q On 5-13-04 at 1015 hours, l want to 1312 Tullibee Rd to attempt warrant service on Ortega. l knew Ortega had the below listed warrants prior to attempting service. I met an unknown fernale in the front yard as she was using the garden hose to wader the front yard. l asked the female if"Ronald"was inside. The female said"yes"and waved at me to fallow her as she walked towards the front door. The female walked freely into the hone without knocking or asking - permission. l asked the female if 1 could come into the house and she said,"Sure"as she held the door open: and waved me into the house. The female looked up the stairs and asked for Ronald to come dawn. When a male voice, which l immediately recognized as Ortega from prior contacts, asked why,the female said the police were in the house. l walked up the stairs and saw Ortega standing in the halfway. l handcuffed Ortega and walked hire out to my patrol car. While searching Ortega incident to arrest, l found a clear yellow'Ziploe style baggie containing white crystals that 1 recognized as methamphetamines through my training and experience. I held the bag up in front of Ortega and said, Vhat is this?" Ortega said, "It's prop 36, don't worry about it." � i I then read Ortega his Miranda rights from my department issued Miranda card. When 1 asked Ortega if he understood his rights he said, "Yes, sirs Ortega told me the Vkowmg in summary. The "Ziploc"style bag contained "meth." Ortega injects approximately one gram of methamphetamine per day. I N!K tested the white crystals with a positive result for amphetamines. 1 booked the white crystals as ei-Adencs at FOB. i transported and booked Ortega at MOF for the listed warrant and HSI 1377 Possession of dangerous drugs. Sgt Hughes approved the arrest. Evidence A-white crystals (1), clear yellow"Ziploc"style baggie containing 7&GVW A41O'ip 0*-ft4u., O vs. Q u.e'W* swot.. Qc .. rrasa. vXp o.xsy coax t7.tkmn*h.s#sM*n IC poem 0 fto"C** 0 ACS 0*•�,W. Q#10, M&Pt 1 A, Sf,.ieds /1 W04 ilt H m, P'"Kat C;NPtJMr± �.e+prz=s+Clesti CX!ti1 �M1Ptos PRts81 19 MS*e�r,7 7`tksa, 1Y'!!RI 2xt.P'1yG. 2".Oww '„'..9rgr DEPARTMENT OF CORRECTIONS DISTRIBUTION STATE OF CALIFORNIA ORIG: Inmate IWhite) PROPERTY AND CASH RECEIPTS — ARRIVAL CC: Property Fiie (Canary) Trust Office (Pink) Central File (Green) INMATE'$ NAMENUMBER CASH PLACED IN INMATE'$ ACCOUNT DISPOSITION CODE: K=KEPT IN POSSESSION (WATCHES, RINGS, AND METALS VALUED LESS THAN $SO) M=MAIL D=DONATED S=HELD IN SAFE V=VAULT QUANTITY ARTICLES DISP. QUANTITY ARTICLES DISP. QUANTITY ARTICLES DISP. I BELT SUIT DENTURES BLOUSE SWEATER DRIVER'S LICENSE j CAP TANK TOP EYEGLASSES COAT UNDERWEAR KEYS DRESS HANDKERCHIEF HAT LEGAL PAPERS a MEDICAL ID JACKET LETTERS MISC. ID NECKTIF/SCARF PHOTOS MARK. CERT, OVERCOAT PURSE BIRTH CERT, PAJAMAS BILLFOLD SEL. SER'. CARD PANTS/SLACKS BOOKS SOC. SEC. CARD SHIRT BIBLE RELIGIOUS MEDALS SHOES DICTIONARY RING SHORTS SUNGLASSES SKIRT WATCH SLIPPERS COIN SOCKS CURRENCY STOCKINGS CANTEEN DUCAT DESCRIPTION OF ITEMS ALLEGED BY INMATE TO HAVE A VALUE OVER 3$0 DESCRIPTION OF ITEMS "TO BE DESTROYED— ARTICLES LISTED AS "MAIL" ABOVE ARE TO BE FORWARDED TO: ADDRESS NAME CITY STATE AND ZIP CODE CLAIM ARID RELEASE i relinquish all claim to the articles listed above as "Donated", and hereby acknowledge receipt of articles listed as "Kept in Possession—. The above is a correct inventory of personal property in my possession at the time of admission. 55P`liN,ATURE OF INMAT t_ •"� I'3ATE WITH ES;IING OFFICER !' Iv 1 hereby authorize destruction of articles listed above as "To be Destroyed". SIGNATURE OF INMATE DATE ,_� ., .- WITNESSING OFFICER l hereby acknowledge receipt of the articles listed above as "Held in Safe" which was given to me upon my release from the institution. SIGNATURE OF tNMA T£ DAYSW7TN E$$INfs OFFECER i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • BOARD AC'T'ION: DECKER 14, _2004 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section r4fertces art 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: At least the sure of $228,889.29 CLAIMANT: ISLAND RESORT PROPERTIES, LLC and MARINER COVE MARINA, LLC ATTORNEY: MARK W. PLANK DATE RECEIVED: NOVEMBER 22, 2004 ADDRESS: 46 N. SAN PEDRO ROAD, BY DELIV'ER'Y TO CLERK ON:NOVEMBER 22, 2004 SAN RAFAEL, CA 94903 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 SWE T Clerk Dated: NOVEMBER 22, 2004 By; Deputy Met II. MOM: County Counsel TO: Clerk of the Board of Su visors ( 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: x 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. OAR.D 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: NA- . o&-V JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 0 JOHN SWEETEN, CLERK By Deputy Clerk EES. CLAIM FOR COMPENSATION N 2004 TO: COUNTY OF CONTRA COSTA: CLERK BO RD OF SQrC-?'il 0 S CONTRA COSTA CO. ISLAND RESORT PROPERTIES, LLC and MARINER COVE MARINA, LLC hereby submit their claim, as follows: 1. Claimant's name and address: ISLAND RESORT PROPERTIES, LLC and MARINER COVE MARINA, LLC, c/o Mark W. Plank, Attorney at Law, 46 N. San Pedro Road, San Rafael, CA 94903. Telephone number: 415-491-4959. 2. Notices concerning this claim shall be sent to: Mark W. Plank, Attorney at Law, 46 N. San Pedro Road, San Rafael, CA 94903. 3, The date and,dace of occurrence giving rise to this claim are: June 6, 2004, on Bethel Island Road on Bethel Island, County of Contra Costa, California. 4. The circumstances giving,rise to this claim are: A grass fire started on County maintained road ignited peat on claimant's ISLAND RESORT Properties, LLC's land on Bethel Island Road on Bethel Island, Contra Costa County. County is negligent in the maintenance and operation of the county road in that they failed to use reasonable care in the maintenance of vegetation and weeds on and near the road by allowing weeds and other vegetation to grow too tall and long thereby created a hazardous condition conducive to rapid spread of intense and serious fires. The fire which started on the county road spread so rapidly and intensely that it caused surface temperatures on claimant's land to rise so high that it ignited peat underneath the surface. The local fire district refused to put out this fire. 5. General description of the indebtedness obli ation injqM damn e or loss incurred so far as known at the time of presentation of the claim: Claimant Island Resort Properties,LLC is the owner of the land which was ignited and claimant Mariner Cove Marina, LLC provide labor and financial assistance to Island Resort Properties, LLC. ;Both claimants incurred costs in extinguishing the fire. 6. The names of the public employees causing,the injury_,damage or loss: The names and identities of the responsible public officials are unknown to claimants. 7. The amount of the claim to date: at least the sum of$228,889.2.9. S. The basis of coWutation of the above amount is as follows: Based on receipts of expenses incurred in renting pumps equipment, hiring men,purchasing supplies used to extinguish the fire. Dated: November 15, 2004 Mark.W. Plank, Attorney for ISLAND RESORT PROPERTIES, LLC and MARINER COVE MARINA, LLC CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY OU TY BOART) AC'T'ION: DECKER 14, 2004 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". A SUM IN EXCESS OF THE $25,000.00 AMOUNT: JURISDICTIONAL LIMIT OF THE SUPERIOR COURT-UNLIMITED CIVIL CLAIMANT: JURISDICTION JACQUELINE MARIE HEIM .... .. .... ....... .... ...... . ATTORNEY: MARTIN J. AMBACHER DATE RECEIVED: NOVEMBER 23, 2004 ADDRESS: Mc.NAMARA, DODGE, NEY, BEATTY, BY DELIVERY TO CLERK ON: NOVENBER 23, 2004 SLATTERY & PFALZER 1211 NEWELL AVENUE BY MAIL POSTMARKED: NOVEMBER 22, 2004 WALNUT CREEK, CA 94596 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: NOVEMBER 23, 2004 JOHN SWEE lark By: Deputy II. FkOM: County Counsel TO: Clerk of the Board of Supe isors (<-Ohis 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}11.3). Other: f � Mf /• C r \', ¢ "� � , f� j . 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. ARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. { ) Other: I certify that this is a true and correetcopy of the Board's Order entered in its minutes for this date. Dated: tI 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: Gam. JOHN SWEETEN, CLERK By Deputy Clerk p Y Claim to: BOARD OF MERVISORS OF CONTRA COSTA COUNTY a INSMalos 7` CLANAI A. Claims relating to causes of iction for death or for injury to person or to personal property or mowing crops and which:accme on or Wore December 31, 1587,must be printed not later than the I Deft`day after the accrual of the cause ofaction. 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 mer the accrual of the cause of Action. Claims relating to any ether must of action must be presentednot later than one year after the accrual of the coast of action. (Gov't Code 911.2.) �. Claims must be filed with the Clerk of the Board of Supervisors.az its offict in Room 106, County Administration Building,651 Pine Street,Martinei, 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 ire. D. 1f the claim is against more than one public entity, separate claims must be fled against each public entity. E. rand. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this fern:. . 7ti.iYt 7lYYifll#'itY♦tP#r#ii;♦#itt#J♦♦#♦##t###t###•#¢7k#iliiirli##wi*t#####*iik4si3 iiiY lttlgiiYf int*## RE: Claire By Reserved for Clerk's filing stamp ) JACQUELINE MARIE HEIM � RECEIVED Against the County of Contra Costa or ) iii()V 2 3 2004 district) fID OF7 SUPEFiMORS. (Fill in name) } ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-narrmed district in the sum of and in support of this claim renresents As follows- A sum in excess of the $25,000 jurisdictional limit of the Superior Court -r Unlimited Civil Jurisdiction. I. When did the damage or injury o=r?(Give exact date and hour) June 27, 2003 at approximately 9:00 a.m. 2. Where did the dam-So or intury occur'? (Include city and county) Intersection of South California Blvd. and Olympic Blvd. ,in Walnut Creek., Contra Costa County, California 3. How did the damage or injury o=w? (Give full details; use extra paper if required) SEE ATTACHMENT #1 4. What particular actor omission on the pact of rdunty gar district offiiorxs, Servants. qr e.rj�oyc-s caused the injury ter d&Mage? According to witness Patty Bartzi, Contra. Costa County, Department of Agricttlture'empl,oyee, Michelle Jensen drove too fast through a yellow or red light at the intersection of South California and Olympic Blvd.. (SEE EXHIBIT "B") S. What are the names of county or district officers, servants, or employees causing the damage or injury? Michelle Jensen 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages c1airne3. Attach Mo estimates for aulo.damage.) SEE ATTACHMENT #2 7. How was the amount claimed above computed? (Include the estimated amount of any prospeV:ive injury or darnagc.) SEE ATTACHMENT #2 8. Names and addresses of witnesses, doers, and hospitals. Patty Bartzi, 1722 Kingly Drive, Pittsburg, CA 94565 Isabelita Puruganan has received evaluations and treatment from various physicians at Kaiser 9. Lis; the cxpentitures you made on acc.^unt of this accident or injury. 2AIB— ME This is a claim for Equitable Indemnity, However, plaintiff Isabelita Puruganan claims medical specials of $12,941.12 and wage loss of approximately $5,000. #sitfi*iii#iisi####st#ii*itis#*######,kta#tits##iiri•tiriitsr.i# Fit#s+�r #e#Y###s1#s:##'it#tss } Gov. Code Sec. 910.2 provides "The clairn mi.:s! be signed by the claimant or by some person or, his behalf. , Jj�j-Q N"Q710ES TQ-- (Attcrnev Name and Address of Anornev 0-01 Martin J. Ambacher, Esq. } Cartie E. Cfrbxall,y..Esq.,, , McNamara, Dodge, Ney, Beatty, l�zt.rpct s Sinsture} Slattery & Pfalzer, LLP 1211 Newell Avenue Walnut Creek, CA 94596 r (Address) Telepor�t'Na. (925) 939-5330 }Telephone No, i'tkt17t71iltai#R#ii'tf+lti#IIE1ikttiiY##tit#ilti+iiti##tit#t#s#ti#+C$t!!#1#+IftxY�tyi9Y**1EIRMtFi#'1#fitYl#+t'ti7t+k"7 NUMB soctioa 72 of the P+ca+ai Code prvvk rs: , Every penon wbo,avith Lw=to d !nud.pr=nts for allowaz oz or the paymeru to any tate,bcard or oiM ,or to xay -ty, city,or:istrivt board or ofrG::, authcr-izet-' to aiicw or Fay the=4 if t c�any false pr Clair. bili, J=U;U, Voucher,or wtitartg,is piuf.i lh lc either by isnprris r-ment in the=mty jail for a period of not more.than=-yeas,by a fxe cf not excteeing one thou=d(S I,tX7L}, or by both cucb Lmprisowait and fie,or by imprisonm&,^t its the twe pfison, b; i fife cf not etc--idi g tic C;ncu c doU=(S 1 O,OW), or by beth rucl i.mprisca=cm and fine. ATTACHMENT#1 (TO CLAIM AGAINST CONTRA COSTA COUNTY) On June 27, 2003 at approximately 9:00 a.m. at the intersection of Olympic Boulevard and S. 'California Boulevard in Walnut Creek, California, claimant was involved in an automobile accident with Contra Costa County Department of Agriculture employee Michelle Jensen Claimant was operating her 2004 Jeep Cherokee eastbound on Olympic Boulevard, preparing to turn right onto S. California Boulevard. As she was making the right turn, she was struck by a 1993 GMC Sonoma owned by Contra Costa County Department of Agriculture and operatedby Department of Agriculture employee Michelle Jensen in the course and scope of her employment, who was traveling southbound on S. California Boulevard. This collision caused claimant's Jeep Cherokee to jump the center median on S. California and strike a 2001 Lexus SUV operated by Wendy Giles, who had been traveling in the #1 left turn lane on northbound S. California Boulevard, before corning to a rest diagonally across the northbound through lanes of S. California Boulevard. The collision also caused Ms. Jensen's Sonoma to strike the 1991 BMW 7351 operated by Isabelita Puruganan, who had been traveling in the #2 left turn lane on northbound S. California Boulevard. As a result of the accident, Isabelita Puruganan claims she sustained bodily injuries, resulting in impairment of mental and bodily function, and has suffered and will continue to suffer pain and mental suffering. Ms. Puruganan also claims that as a result of the accident, she incurred expenses for services of hospitals, doctors, and other medical care and treatment in an amount not known to her, and she believes she will incur additional expenses in the future. Additionally, Ms. Puruganan claims that as a result of her alleged injuries, she has lost wages and will lose earnings in the future. She also claims she incurred property damage, including damage to, loss of value, and loss of use of her vehicle. Ms. Puruganan filed a Complaint for damages in the Contra Costa County Superior Court — Unlimited Civil Jurisdiction on May 25, 2004 to recover damages allegedly sustained at the time and place and in the manner described in the Complaint. (A copy of the Complaint is attached'hereto.) The case number is C04-00901. Claimant was named as a defendant in the Complaint. Claimant was served with the Complaint on or about June 3, 2004 and has filed an Answer denying the material allegations of the Complaint, and asserting various affirmative defenses. Said Complaint is hereby incorporated by reference in this claim as if set forth in full herein. K:\CSAA\9848\CCC Claim-Attachment l.doe ATTACHMENT#2 (TO CLAIM AGAINST CONTRA COSTA COUNTY) As a result of the accident, Isabelita Puruganan claims she sustained bodily injuries, resulting in impairment of mental and bodily function, and has suffered and will continue to suffer pain and mental suffering. Ms. Puruganan also claims that as a result of the accident, she incurred expenses for services of hospitals, doctors, and other medical care and treatment in an amount not known to her, and she believes she will incur additional expenses in the future. Additionally, Ms. Puruganan claims that as a result of her alleged injuries, she has lost wages and will lose earnings in the future. She also claims she incurred property damage, including damage to, loss of value, and loss of use of her vehicle. Ms. Puruganan filed a Complaint for damages in the Contra Costa County Superior Court — Unlimited Civil Jurisdiction on May 25, 2004 to recover damages allegedly sustained at the time and place and in the manner described in the Complaint. (A copy of the Complaint is attachedhereto.) The case number is C04-00901. Claimant was named as a defendant in the Complaint. Claimant was served with the Complaint on or about June 3, 2004 and has filed an Answer denying the material allegations of the Complaint, and asserting various affirmative defenses. Said Complaint is hereby incorporated by reference in this claim as if set forth in full herein. Claimant denies any liability to plaintiff herein. However, if claimant is found liable to Ms. Puruganan as a consequence of the allegations contained in Ms. Puruganan's Complaint (which liability is denied), claimant alleges that the liability is the direct, proximate and sole result of the carelessness, negligence, liability, or other wrongful acts and omissions of Contra Costa County .Department of Agriculture employee Michelle Jensen, in and about the matters alleged in Ms. Puruganan's Complaint. Should it be determined that claimant, by virtue of the allegations of Ms. Puruganan's Complaint, are liable to Ms. Puruganan for any of the damages alleged in the Complaint, claimant is entitled to total or partial indemnity from Contra Costa County Department of Agriculture and its employee,Michelle Jensen, and each of them, for the portion of said damages caused by the negligence, carelessness, liability, or other wrongful acts and omissions of Contra Costa County Department of Agriculture employee Michelle Jensen. If it is determined that claimant is not entitled to total indemnity, then claimant is entitled as a matter of law to, and will seek, a judicial determination apportioning and fixing the comparative fault of Contra Costa County Department of Agriculture and its employee, Michelle Jensen, and each of them for any damages awarded for the purpose of establishing claimant's rights to partial equitable indemnity or contribution from Contra Costa County Department of Agriculture and its employee, Michelle Jensen, and each of them, ATTACHMENT##2 -CONTINUED (TO CLAIM AGAINST CONTRA COSTA COUNT If Contra Costa County Department of Agriculture denies that they have any obligation to fully or partially indemnify claimant, claimant will seek a judicial determination of the respective rights and duties of claimant and Contra Costa County Department of Agriculture and its employee, Michelle Jensen with respect to the damages claimed in the Complaint. In particular, claimant will seek a declaration of the respective liabilities of claimant and Contra Costa County Department of Agriculture and its employee, Michelle Jensen, and each of them for such damages, if any, and a declaration of Contra Costa County Department of Agriculture and its employee, Michelle Jensen's responsibility to indemnify claimant for the sums which claimant may be compelled to pay and for which Contra Costa County Department of Agriculture and its employee, Michelle Jensen have been determined responsible, and for costs of suit and attorneys' fees incurred herein by claimant. K:\CSAA\9848\CCC Claim-Attachment 2.doc 2 JUN-04-2004 14:31 C to SONORA P.03 12,43 # TO ✓t r► ft. 4 MAMWAMMM- W SUt"EWIM CoWa(W TU$TATZ OF CALUMM+1A IN AM YM TU COtM Of COMM COSTA 04"41D 10 CUT 17, raABELYrA PURUOAW. ) CstseNo is P144OM AAMT MR DA0)9 14 1 IAC Ui F-MARM F4M ANV 16 ONETMOUGH D=owl V. it 19 20 St1mr.ops ISSUED 21 2 Pbjuu f e=pUw v?de=dam JACQUEWM MARIE ROM,aad 00E ONE*"%igh 23 150E F rN,ladusWw.rood sub oft ad 24 2S 1. Daf*Wsm DOE 0XB ftv*DCBE Fm.lodualve,w swd humn wxk t fiorau 26 Amu becow t&Vw games ad whe*w Mv",srtmgjarr,cocporm or 27 24""904,fte Pot ww kw"tc JU�flat pWaWis mad od btlkyes sand $Wk 28 bdW=mdm and bvWWjoSa that cwA cfuld defindam Jr.arty ct tesponsible it somt mw 25 3m 11:27 tom.0a MAY 27 2004 1.0:38 PAUE.03 JUN-04-2004 14131 CpAA SONORA P.04 1 mowr for the events SM WPP*niW hav:m S9414 and tai Mdd*hn4aM'"I"Poly aotcd 0" 2 fsj led to act in one or ofuW occupe iow or and did such aaglig a P=hr4wIY 3 caused The alums and dxwW heminaf 'set Earth;that pLMdffis wOerIdn w to the matte or 4 ftp of such ds��.and 'PmYS 1 to s tlsia Ccnnplahit to bu mt tl tete 5 true names,capao 6w fuootions,omupatim and businom of said defendems when the mw Oa 6 awertained. 7 2. plaintiff is lni -sgd t eH*va NW M=mh Wormat ou and belief allsp that at all 8 times amd plain mm oned her�def daWA JACQUE M MAM HEM,anel DOE ONE 9 through DOE TWENTY inolusivc,ffiad vaeh of theta,owned,leased,maiaWhad,r rod, 14 meted,used,and at mrwise managed aettalrr 8 UVnIab les,imludirig A ltd.2004 Jeep Cherokee, 11 and that said opera 4on,main%=00,teV64 use and Management was v dth the pe inion, 12 knowledge and comet of the aches+dafmdau'ts,and each of tbAm 13 3. Plaintiff is iaformo+d mid belleve dmt at all tunes and pla y mentforod bereir=,ena of 14 the defendants was ttia agent,wrMt and employee of eat►odd mnaining defendants,and was at 15' all Tim a azul places naantt ned hent wfing wift the soopc and purpose of the Agency,sawico and 16 employmew. 17 4.On or aboux hate 27,2003 at aper fy 8:59 pix.,defendants JACQUELINE MARM 18 lam,and DOE TVADaNf-ONE through DOB TERTY were operating the afc remetdoned Jeep 19 Cheroke on S.Cd irnia Boulevud at its mon with 01ympic l3oulcvMrd. 20S. At that same time,pWn itf was a driver In a 1991 BMW sedan,in the#2 tum lane of 21 nnrthboetad S.California Bo+ulowd., 22 6. At said time and p}w.,dcEewjuts�and each of thorn,so carelessly and negligently 2.3 owned,©posted,oontrolled,maintained,leased,entzused and otherwise caged,said Jeep Cherokee 24 drives,�y defmtdants to collide with the vehWe plailtdff was drivirng in,all of wbloh dinecdy srnd 25 prox=aftly caused plairnuffw sustain tete'injuries and damages heteina ter set forth, 26 7. As a direct aud proxin tt reWt of said a"*arsaw,negligom,acts,or6ssions and 27 conduct of the deftdtus,,and cash oftma,ma,plan d f received attain and sevete injuries,including, 28 bat not lig nited to,neurologic and orthopedic lttjuriss, uldq in impg"Mant of roenai and bodily 2 VAY 27 2094 10;39 PAGE.04 JUN-04-2004 14-'31 SARA P.05 s I fiwdae,and hu stlftmed od will 00mion to soft Wto oysieal psi sand n*aftl CaftV&sad 2 she hat bem WP%tM In hk WVnW antl*3W CVWtYI alt ofwldch WM std itt n 3 pertinent dt ilitp to aid pWnfiM all to har geneW damW its as amourd in emu of the 4 j "9d hilts of this court. 5 $. As a dhva*ad pmxima*rr dt of said n g(AM aeta,omisslons mid coaA l of the 6 defwdgru,and each of them,and of odd injudes caused to plaintiff,pWtdff``As MqWxW to and 7 did i%Wur Gxp9UW for mvj**a of bwpisats,do&,,^=d other medical care and treatratat in.aft 8 mount not new kww,u Vo her,and pluadff Is wed and believes and upon such ft&MdOn Ud 9 'belief alleges that she will incur Wditirn-1l wTewes In the fWUM in an amount net now known to 10 her,=d plaintiff will ask lea6 of this Court to set Anth the exact amomt t1u f when the same are 11 ascites. 12 9. As a Amer dhect ad pmixs u result ofWd negli ,acts,ond3sions and conduct•of 13 def=lants,and r.,ac h of them,and of said WWW to plsiutA plaintiff wu pmvenwd firm attadtng 14 her usual sodVitVs said o= on,and p#ahtt3ffss infbrmad aurid believes and Upon such Information 15 and belief alle y than she will be prevented fi m attmft to ha usual aedvi#es ad nocupagan in 16 the fuww,all to plaintiffs d e in an=owt trot now knovm to her,abd platndff'will&ek leave 17 of court to amW ler pleadings to set forth the*atter amount tbxwf when t to same am mcartaifted. 18 10. As a fzlha d ct'and pmximate roult of'said baoSmoN acts,omissions toad 19 conduct of'l3daulants,and each of th m,Plataliffsut cl dMaka to,logo of va1uo and less of use 20 ofher propezty,including but not limited to damage to,loss of value and loss of use of borvr„hicle, 21 all to PlaextCs damage in an at aunt not now kwwn to her and PIAMfFW111 ask leave of Cowt to 22 aunr4d ter pltadiq�t to set forth the m]aaat mount thereof wbft 60 tensa is msce uinmd. 23 , 24 WHMFORE,plaitaiff'prays for judgmoaat q*M the defendants,and woh of*m,as 25 follows: 26 1. For gonial d=qp; 27 2, For special damages according to pmof, 28 1 For com ofsuit herein; 3 MAY 27 2W4 12140 PPAX.es "-04-2004 14=32 CSAA SONORA P.06 Folvmhother wd hu*a nbef as the Covet may dem P W 3 s 7 BM yfor PWttW 9 10 11 12 13 14 1� 16 17 1$ 14 20 21 22 �*3 24 25 26 27 28 a MAY 27 2lakw4 2$:4$ PAIS.Oro SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF CONTRA COSTA 3 CIVIL - UNLIMITED JURISDICTION 4 5 ISABELITA PURUGANAN, ) } 6 Plaintiff , ) 7 Vs . ) Case No . C04-00901 8 JACQUELINE MARIE HEIM, AND DOE ) ONE THROUGH DOE FIFTY, } 9 INCLUSIVE , ) ) 10 Defendants . ) ) 11 } 12 13 14 DEPOSITION OF PATTY BARTZI 15 Taken before LESLEE A. KELLEY 16 Certified Shorthand. Reporter 17 State of California 18 CSR No . 8306 19 October 8 , 2004 20 21 22 23 DIABLO VALLEY REPOR'T`ING SERVICES Certified Shorthand Reporter 24 2121 N . California Blvd . , Suite 310 Walnut Creek, California 94596 25 ( 925 ) 930 -7388 �� DIS'-12 1004 tAR'w H I B I T E Deposition of PATTY BARTZI - October - 8 , 2f6 - y 1 Q . And as you saw her or after you saw her 2 scooting up, what did you see? 3 A. She stopped and looked to see if the 4 intersection was clear and turned and a small white 5 truck came through the intersection and hit her hard 6 enough to where the white truck deflected and hit the 7 lady in the BMW that was sitting in the left hand turn 8 lane . She had no idea that this wag happening . 9 Q . The lady in the BMW? 10 A. She had no idea . The impact caused Jackie to 11 sail over the median, hit , I believe it was a Lexus SUV 12 head on and deflect off that to come across the lanes in 13 the opposite direction, so going northbound on 14 California . 15 Q . When Jackie stopped, did you notice what 16 color the light was? 17 A . When Jackie stopped at the intersection 18 before she made her right turn, our light was red . 19 Q . Where was the white truck when you first saw 20 it? 21 A . It was corning southbound on California . 22 Q . Can you estimate how fast that white truck 23 was traveling? 24 A. Fast enough to get through a very yellow to 25 red light , fast enough that on impact , another vehicle 15 Deposition of PATTY BARTZI - October 8 , 2004 P I 1 Q . How old is Jackie ; do you know? 2 A. I have no idea, late 60 ' s , early 701s . 3 Q . On Page 12 under "Cause, " it says : " (Heim) 4 was at fault for failing to stop at the red light on 5 eastbound Olympic Boulevard. " In your opinion, based on 6 what you saw, do you agree with that? 7 A. No, I disagree . 8 Q . What do you believe was the cause of the 9 accident? 10 A. I believe that the cause of the accident was 11 the GMC Sonoma tried to get through a very yellow to red 12 light , perhaps because she was driving too fast , and 13 wasn ' t able to stop, figured she would be better to go 14 through the intersection and that when Jackie stopped, 15 looked to make .sure it was clear and then proceeded in 16 her turn, that she couldn ' t see her and they hit . 17 Q . Could you actually see Jackie look? 18 A. No , but I saw her car stop and what also is 19 interesting , I work in that area and. I walk around there 20 and drive it all the time and when you are coming south 21 on South California, that part of the road has a curve 22 and it has a small incline up to that intersection and 23 if you were stepping, looking and then turning right , I 24 don ' t know if you could see somebody there . 25 Q . You are turning right from Olympic Boulevard . 25 Deposition of PATTY BARTZI - October 8 , 2004 MCNAMARA, DODGE, NEY, BEATTY, SLATTERY&PFALZER LLP ATTORNEYS AT LAW MICHAEL J.NEY R.DEWEY WHEELER THOMAS O.BEATTY LISA R.ROBERTS WALNUT CREEK.OFFICE ROBERT M.SLATTERY DENISE BILLUPS-SLONE THOMAS E_PFALZER J,LUCIAN DODSON III PLEASE RESPOND TO: 1211 NEWELL AVENUE GUY D. J.BBOT ,TAMES E.ASLEN MIT P.O.BOX 5288 WALNUT CREEK,CA 94546-5331 ROGER J.BROTHERS J.WESLEY$MIT!-} GARY R.JOHNSON ERIC C,.LUNDBERG WALNUT CREEK,CA 94596 JAMES V.FITZGERALD,W PAUL S.WALSH MARTIN J.AMSACHER SETH J.SCIAMARTZ GEORGE D.MCLEMORE ANN H.LARSON SOLANO COUNTY OFFICE R!CARDO A.MARTINEZ DENISE J,SERRA TELEPHONE: 925 939-5330 639 KENTUCKY STREET DIANNE KREMEN COLVILLE MARK A.GOODMAN } ROBERT W.HODGES FACSIMILE: (925)939-0203 FIRST FLOOR FA€RFIELD,CA 94533-5530 JOSEPH E.FINKEL JEANNE C.SHIM www.mcnamara€aw.com TELEPHONE: (707)427-3998 JENIFER K.LEECE NATALIEV.GLAVFNOVICH FACSIMILE:(707)427-0268 WILMA J,GRAY SHARON 8,STETSON LISA M.U'REN BRYAN D.BENGTSON HOWARD PATRICK SWEENEY TONYA R.DRAEGER BARBARA L.MILLER HENRY WILLIAMS III PARTNERS EMERITUS CATHLEEN A.IRWIN BRIAN D.HORWITZ DANIEL J.McNAMARA PETER J.H!RSIG DENNIS S.LUCEY DOUGLAS C.McCLURE JENNIFER A.PHILLIPS ROZY B.LAHLOUM SUZANNE FOLEY SPRAGUE VERA Y.CHA RICHARD E,DODGE SHARON A.GARSKE CARRIE E.CROXALL (t9<t-2 9) NOAH G.BLECHMAN LETICIA GONZALEZ JEFFREY S.SCHOEFER SHANNON B.CARROLL _ KIRK NEUNER EMERSON A.DUMB /��y q PATRICK L.MOORE THOMAS W.J.PURTELL November 22 2004 OF COUNSEL J.SCOTT'ISHERWOOD JAMES A.PORTER IV � LYN D.TADLOCK LETICIA SANCHEZ WILLIAM K.HOUSTON,JR, ANTHONY J.DEMARIA Carrie E.Croxall carrie.croxall@mcnamaralaw.com rr�cnarnaralaw.com Clerk of the Board of Supervisors County Administration Building, Room 106 651 Pine Street Martinez, CA 94553 Re: Puruganan v. Heim Case Number: C04-00901 Dear Clerk: Enclosed you will fine} a Claim against the County of Contra Costa on behalf" of Jacqueline Marie Heim. This claim stems from an automobile accident which occurred on June 27, 2003 at the intersection of S. California Blvd. and Olympic Blvd. A Contra Costa County Agriculture Department employee by the name of Michelle Jensen was involved in said automobile accident. Should you have any questions regarding the foregoing, please do not hesitate to contact the undersigned or Martin J. Ambacher, the partner handling this file. Very truly yours, Carrie E. Croxall CEC:pmm Encl. cc: James J. O'Donnell, Esq. (wiencl) K:ICSAA19848\C,EC LT-CCC Beard ec Claim Form.doc CLAIM BOARD OF SUPERV URS OF CONTRA COSTA COUNTY � BOARD ACTION:DECEMBER 14, 2004 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 1V below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $450.00 - CLAIMANT: MARY A. CSCHWEND ATTORNEY: UNTKNOWN DATE RECEIVED: NOVEMBER 24, 2004 ADDRESS: 4402 MARSH ELDER COURT BY DELIVERY TO CLERK ON: NOVEMBER 24, 2004 CONCORD, CA 94521 BY MAIL POSTMARKED NOVEMBER 2.3, 2004 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET , Dated: NOVEMBER 24, 2004 By. Duty II. MOM: County Counsel. TO: Clerk of the Board ofSup sora 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 Beard 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: s , Dated: w By: Deputy County Counsel 111, FROM: Clerk ofthe Board TO: County Counsel (1) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. B ORDER: By unanimous vote of the Supervisors present: { This Claim is rejected in full. { ) Other: r 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, CLERIC.,By , Deputy Clerk WARNING(Gov. code sect' n 913) Subject to certain exceptions,you have only six(E)months from the date this notice was personally served or depositec in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you,should do so immediately. *For Additional Warnin See Reverse Side of This Notice. AF `lDAVIT OF MAILING I declare under penalty ofperjury 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: A-r- ZOWel JOIN SWEETEN, CLERK By Deputy Clerk BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. 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. wasswoosonswas mass 111111011111 a one as as N*usaw*unnwgoa*Xsnu a* 10owns at RE: Claim By: Reserved for Clerk's filing stamp RECEiqjD Against the County of Contra Costa or Nov 2 4�2004 :RI{80 J�fj UPE'RVI, 'LERKBRAR; so"4 District) OF UPER I'SOP A, (1 .8 (Fill in the name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 45—r-I-1) and in support of this claim represents as follows: 1. When did the darqage or Injury occur? (Give exact date and hour) 1/ '2 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give fall 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? k/ V� Itr -- 5 at e'�`afiiesoo ril'sidt officers, servants, or ernp�l064yees­cars g the damage or injury? A 6. What damage or injuries do your claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 4 �oun`t crlaid over computed? (Include the estimated amount of any 7. How was t o prospective in ury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT/ ����0'���' �.*�w. <J'..� Ff •,/..,,y�Y,rFy�! � a t E' J���.T -'���.+,r' �Qd�d?Y � �� •J 4 rrrrrrrrrrr •rrrrr:rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrro '�. ) Gov. Code Sec. 910.2 provides"The claim shall be r )signed by the claimant or by some person on his }behalf SEND NOTICES TO Attorneyl Name and address of Attorney } ;; , 7 } (Claimant's` ignature) € ' f } # JF } ih , t Vr } (Address) Telephone No. }Telephone No. IK- a no a a 11111111 wage aim as 11111INX1111111101111 101111*111110111111 of PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments,addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. rrrrrrrrrr■rrrrrrrrrrrrrrrrrrrrrrrrrrrr�rrrrr:r:r:rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrc 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 dollars ($1,000.00), 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. #3 HOW DID DAMAGE OCCUR? At 4402 Harsh Elder Court in Concord, a guest/ relative of William Cotrell (who is a renter) arrived at the door and .rang the bell. William Cotrell wanted to open the doer, but fall down the stairs and thus was no longer able to open the door. As the guest realized this from the noise and no one ease came to the door, she called Olt and American Kedical Response + Fire Elul eras dispatched. Since no one on the outside of the door had a key to enter the home, the dispatchers "forced entry" into the garage. The garage door has a garage door opener and can not be opened manually from the outside, unless force is used, which damaged the "hing-mechanism" of the garage door, which is now bent and leaves the garage door adjar on one side. It is therefore very urgent, that this garage door is being repaired soon, as in the present condition it surely will distroy the newly installed garage door opener.as well. I have obtained 3 estimates for the hardware and labor required for the repairs, which are as follows : (see attached) Hadden Door & Sons, Inc. 150.,00 A A Garage door 462.00 Contra Costa Doors 475.00 * The emergency crew used very poor judgment, when they entered by means of forcing the garage door. When in fact, there were windows on bath sides of the entrance, which bath had smaller sliders on the bottom , where any one of them could have conveniently stept in. If the sliders were closed, and it required to break one of them, the replacement could not cost more than$32o00. I would not have filed a claim for that. But they acted like "storm-troopers" in a war situation,which now costs at least $1150.00 and lots of my time® Any effort o Baur part to process this claim soon is greatly app"ci dm Gsch, e * PS: Emergency crew Fire departement and the American Medical Response * ter 1—g,h --y—ay `. fix. w- M' ' iu: ._ OF Wei .lat- 2 14 ;.. . ,�. 3 owe MOO rz hot k } l .. J t � f .................... f Ems sm. r A rr . woo V x �{ #' 77 k 777777777'T, r t C by j 4 Y 3Y } S, iNC01 430£ ARTHUR 1 11d r 5 zL- _ rrr rr'r rtr MARTINEZ, CA 94553 ff� rrr r (825) 935-4580 z www.maddendoor.corn �n e TERMS # I ! SOLD TO: JOB SITE: NAME r ADDRESS CITY ZIP CODE .- CITY ZIP CODE BUS.PHONE RES.PHONE BUS.PHONE RES.PHONE t TY. DESCRIPTION UNIT PRICI~ ` AM' r OPERATOR BRAND &MODELl: TRANSMITTERS: AUTO)REVERSE TESTED: PASS ❑ FAIL ELECTRICAL: HARDWARE: MISC PARTS: 92 TOTAL MATERIAL CUSTOMER'S DESCRIPTION OF PROBLEM: SERVICE CALL t.4. TOTAL LABOR $ TOTAL MATERIAL $ ` SALES TAX GRAND TOTAL $ WORK COMPLETED BY: WARRANTY: 30 days Labor 1 Year on Parts DATE: SINCE W 195 CONTRA COSTA DOOR CO. ESTIMATE 145 MASON CIRCLE CONCORD, CALIFORNIA 94520 (925) 671-7$$$ DATE FAX 687-5350 NAMEJOB SITE ADDRESS ADDRESS CITY zip ,:.,. CITY HOME PHONE WORK We are pleased to offer the fallowing price quotations for your consideration and approval. We wish to thank you for the opportunity to present our proposal and if we may be of further assistance please do not hesitate to call. Payment may be made in any one of the following ways. d 1. Deposit returned with this Proposal; Balance due Ripon completion. # 2. Payment in full at the time of installation 0 3. Payment applied to one of the Major Credit Cards. Card No. CONTRA Date NOTE. This proposal may be withdrawn CONTRA COSTA DOOR CO. by us if not accepted and work completed on/or 8ta!0" . 4kn"..xtaS^186913 before -..;. ll - y. Afrin: The above prices,specifications and condi• dons are satisfactory and are hereby sorspted. You are authorized to do the work as specified.Payment will be made Signature as outlined above. Date For: CCD Form No.150 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY s BOARD ACTION:DECEMBER 14, ,2004' 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: $1,750.00 CLAIMANT: BOBBY SINGH ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 29, 2004 ADDRESS: 2258 WILLOW AVENUE BY DELIVERY TO CLERK ON: NOVEMBER 29, 2004 PITTSBURG, CA 94565 BY MAIL POSTMARKED: NOVEMBER 24, 2004 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE T Clerk Dated: NOVEMBER 29, 2004 By: Deputy II. FkOM: County Counsel TO: Clerk of the Board of Sup iscirs (4`Th claim complies substantially with Sections 910 and 910.2. 1 ( ) 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 Counst 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). IVWOA.RD 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: Aa. / JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code secti n 913} Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposite( in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over 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: Ate.-. JOHN SWEETEN, CLERK By Deputy Clerk BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. 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. ■aaaaaaa4aaaa5aaaaaaaa9aaasaaaaaaaaaaaaaa8a5a2aaaaaaaaaaaaaaaataaaaaaaaaA0a2NNI RE: Claim By: Reserved for Clerk's filing stamp . s "t Against the County of Contra Costa or ) District) (Fill in the name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sura of$ 5 tL.D�, and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 3, . � 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 requir d . lf' ifl # # tJ pit o ` icl—I q-N," vzet,a1 "` b DVV 0 1 t) I::IQ_ - P MIN 01 N CA 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? y 5 What are the names of county or district officers, servants, or employees causing the damage or injury? 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the esti aQ Q- 1 of arfy prospective injury or damage.) OU 8. Dames and addresses of witnesses, doctors, and hospitals: �.. r 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT rrrrrrrrrraaaaraaarrrrrrarrrrrrraarrr4arrrrrarrrrrrararrrrrraarraarrrrrrrrrrrrraarrrr� ) Gov. Code Sec. 910.2 provides "The claim shall be ) signed by the claimant or by some person on his behalf:" SEND NOTICES TO: (Attorneyl ) Name and address of Attorney ) t (Clai is Signature) u (Address) } s d Telephone No. )Telephone No. ■rrrrrrrraaraarrrarararrraarrarrrrrrrrrrrrrrrrrrrarrrrrrrrarrraarrrrrrrraSao aa a royal PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. rrarrrarrrrrrraaarrrrrrarrararraarrrrrrarrrrraraaMaarrrraaaaaaaarrrraaarraarrrrraraaI NOTICE: Section 7.2 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 dollars ($1,000.00), 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. FROM :with Fencing inc Jerry With FAX NO. :19259353256 Jul. 27 2eO4 10:22RM Pi MdS'T^py�we+'^�-r,r• ....we!Y.r ,., ..�1, 'vPT+wT+'i✓ ')e.'f 0 'M ;!.. .. .. , "Good Fences Make Gc*d N t*W WITH FENCING INC. r 27.2 Appa leeMw Drive Pieaaatnt HiM.CA 945.29 CITY ER 935-32► o�>Q ftMM1 Sub-441W To ! fir-- 501 Phone, /- -- Z b - -•j ,. NAMW � b , 6 h Job Name Address �. c ii/ t/�- Address City State city Mate 2 i, S 6 9 Opp, ; : hit rnce¢ lnr�- � �a l sir. 1P + , � ► � a'!iv Ott' OP X Oid Am- ria ! 10a rAe r% 5�1*w(�s/ t/jr'i �.• >k b3 "5et in Corcrate No a Tr• ppb' uuctv f labor and material* mmpl�cc in a��drose�e Witt,tits spo�+�m„ tnmt ar �` v sm 17 LTDR EUyr Or QMM EMEekM or y , Ail c(the abowe wank to abs compietod in a subat:<mai and cmpt#estzt manner awardwS to astarAdjsrd prailWev. All matedai Is to be as apeclfte& Any alteration or dcoation from the ebaft op cattow irsx waw extra coat or nwa w w lobos will OWY be wowte d upon wMan ardcrs for same and wiU beca m an adrA carp~the am mentioned in this contwf4 All agger xxtts must be made in r+Mng and are contingent upon strikm,aoddmts or delay*bayard our oor*,d. flow 1. li16 lrMI" las. trot h" Mr drtfrapo to wniafftvotwil ttlilliiitf"wy ew~ re"Ma Wa fw is *M""" UNUM hwhadi" "**Jw*s, 2. 1%"Mtir on*~ t 1partawiltio irr laatiisn ai pt+* wty atw{!sr iso No"Nato. M ow wM*■ lowrym 16 ts*r<.A to otN iitk bill, all si fAr bwry*W Mw*,s wt#Mos, ONIMlaps, ak. rtiN In MAW M tick mattirnrf 4. it W"twotw trt+srl*d. owmr wNi pay mart of JwWwvwwws plw hwA{y to" d aNIm ft mow%%. & Daae ttat ir+s,O& dw6 w polmL db. Any pienft w limns tuodod aro**me# trarpsew1boy wtiarr sfrrlad ekswe, i:. irk we*Vmmr's 10400460P oowra psis b0hM dab. %sliarfy ow mes eaapensUMly!o be w ra *oW .aro some be6we tekrmq pok f* yaMd. No* this propDwi may be wN1K mwn by us 9 not vriAlirr �..�. , rf The above pM"and contilUorla are artiafatctoty and are hereby meted, You are authadzed to do the-wwk as apmifted. Payment will be made as outbned above. Accepted by: Signature Ewe� 1.19goature APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA BOARD ACTION DECEMBER 14, 2004 Application to File Late Claim } .NOTICE TO APPLICANT Against the County,Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors(Paragraph III,below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915 4.,Please nate the "WARNING"below. Claimant: ISA$ELITA PURUGANAN Attorney: JAMES J. O'DONNELL Address: LAW OFFICES OF O'DONNELL & SMITH 309 LENNON LANE, SUITE 101 Amount: WALNUT CREEK, CA 94598 By delivery to Clerk on: NOVEMBER 15, 2004 NOV. 15/04 IN EXCESS OF $25,000.00 Date Deceived: 111RISDTC1IQN LIMIT QE IU By mail,p .' HAND DELIVERED ostmarked on. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel UNLIMITED SUPERIOR URT Attached is a copy of the above noted Application to File Late Claim. NOVEMBER 15, i00 AN O N SWEETEN,Clerk,By: DEPUTY II. FROM: County Counsel TO: Clefk of the Boara of Supervisors ( } The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED: ,' r SILVANO B.MARCHESI, County Counsel,By:{--L ; ' ., DEPUTY III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) { ) This Application Is granted(Section 911.6). ( This Application to File Late Claim is denied (Section 911.6). 1 certify that this a true and correct copy of the Board's Order entered In its minutes for this date. DATE: -/ JOHN SWEETEN,Clerk,By: DEPUTY WAIUNING (Gov. Code §911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4(claims presentation requirement).See Government Code Section 946.6. Such petition must be filed with the court within six(6)months from the date your application'for leave to present a late claim was denied. You may seek the advice of an attorney of your choice in connection with this mater. If you want to consult an attorney,you should do so immediately. IV. FROM: Clerk of the Board TO: (1)County Counsel (2)County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document,and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: ve4-WJOHN SWEETEN,Clerk,By: DEPUTY V. FROM: (1)County 06unsel (2) County Administrator TO: leek of the Board of Supervisors Received copies of this Application and Board Order. DA'Z'ED: County Counsel,By: County Administrator,By: APPLICATION TO FILE LATE CLAIM I James J. O'Donnell, SBN 120940 Law Offices of 2 ! DONT NELL& SMITH 309 Lennon Lane, Suite 101 3 Walnut Creek, CA 94598 Tel. (925) 935-1707 4 5 Attorneys for Claimant ISABELITA PURUGANAN 6' 7 In the Matter of the Claim of ) APPLICATION FOR PERMISSION TO 8 ' } PRESENT LATE CLAIM ISABELITA PURUGANAN } 9 } [Gov. C. §�1 4ULk, ] 10 against } 'RE I 1 CONTRA COSTA COUNTY ) NOV � � ��04 1 } CLERK SOA tp C1F SUPERVISORS COTRA COSTA CO. 13 r n, 14 TO: Board of Supervisors of Contra Costa County 15 Application is hereby made for permission to present the attached claim after expiration of 16 the time limit provided in Government Code §911.2. 17 (1) As stated in the attached claire, claimant's cause of action accrued on or about 18 October 8, 2004,at the deposition of Patty Bartzi. See, Exhibit"1" attached to this application. 19 (2) Apparently the County's justification for denying the claim as late is the County's 20 position that the time for presentation of such a claim under Government Code §911.2 expired on or 21 _ about six months after the date of the accident in question,June 27,2003. 22 (3} The reason for the failure to present such claim within the time provided in the 23 County's interpretation of Government Code §911.2 is that Claimant was not aware of any 24 allegation of wrong doing on the part of the County of Contra Costa until October 8,2004, at the 25 deposition of fatty Bartzi. The traffic collision report for the June 27, 2003, accident did not set 26 forth any allegation of wrong doing on the part of the County. Accordingly, if there was a delay in 27 filing the claire, it was caused by mistake, inadvertence, surprise or excusable neglect, and the 28 County of Contra Costa has not been prejudiced in its defense of the claire by such a delay. 1 (4) Attached hereto and marked as Exhibit"1" is a true and correct copy of the claim and 2 exhibits originally filed with the Beard of Supervisors of Centra Costa County. Attached and 3 marked as Exhibit"2" is a true and correct copy of the Notice to Claimant from the Board of 4 Supervisors of Contra Costa County. 5 6 l certify and declare under penalty of perjury under the laws of the State of California that the 7 foregoing is true and correct. 8 ; 9 10 DATED: November 10, 2004 BY: � 11 James J. 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I I I I I I I I I I I I - - I I I I I 11 I I I 11 I I 11 11 I I 11 11 1, 11 I 11 I 1, , I I I 11 , I I I 11 I I 1. 11 11 I I I I 11 - I I I 11 I I I 11 I I I I , I I I I I , . 11 I I I 11 I 11 11 I I - I I I I I 11 , I I I I , I I I I ''. I I I - I I I I , I I 11 I I I 11 11 11 I I I I I I I I I I I 11 I I I I I . I I I I , I I I I , I I I I I I I I I I I I ''. I I I , I I 11 I , I I I I I I , I I I I I 1. I I I I I I I I I , I I I I I I I , I I 11 I I 11 I I 11 I 11 - I I I 111.11 11 I I '' I I I I I 11 '' I I I I I I I - , I I I I I I I I I I I I I I I I'll I 11 11 . I I I I I I I I I I I I I I I I I I I , I I I 11 I I I I I , I I I I , I I I 11 I I I I I I I .1 I I I I I I I , I I I I 11 I I I I I 11 I I I I I 11 I I I , . I I I 1, 11 11 I - I I I I I I I I 11 , I , I I I I - 11 11 I I I I I I I I . I I I I I I , I I I'll '' 11 11 11 I I I I , I I I I I I '' 11 I I 11 I I I I I 11 I I I I .1 I I I I I I I I I I I I I I I , , I I I I I I I I I I I 11 I I I I I I I I , 11 I I I I I I - I I I I I I , I , I I I I I I I I 1.11 I 11 11 11 I I 11 , 11 I 11 I I , '' I , I I 11 I I 11 I I I I'll I I I 11 I I - I 11 I - I I I I - I , I I I I I I I I I I I I I 11 I 11 I , I I I I I . I I I I I I I I I I I I I '' 11 I I 1, I , I I 1, 11 I I I I I I .11 I I I I 11 I I 11 I I I 11 I I I I I I , I I I I , I I 11 11 , I I I 11 I I I I I 11 I I I - I I I 11 I I I I I I I , , , 11, , I 11 11 I I I , I 1, I I I . I 11 11 11 I I I I I I , I 11 11 I 11 I I I I - I 11 11 I , -, I , I '' I I I I 11 I I I I I I I I 11.11 I I I , , , I , I 11 I I I I I I '' I 11 I'll, I I I I I 1, 11 I I I I I I , I , I '' I I . I - I I I I I 11 I I I I I I I I I -, 11 - 11 , , I I I I I I , '' , I I I I I I 11 11 I - I I I I I I I I I I I I , I I I I I - , I I , I 11, , I I I 11 I 11 I I I I - I 11 I I I I I I I .11, I I I I'll I 11 I I'll , I 11 I I , I I I 11 I , , I , , '' I I I I I I I I I I I I I I I I I . I I I I - I I I I I I I I I , I I I I I I -, I I I I - I I , 11 , , , '' I I I I I I I I I I I I , I I I I I I - I I I - 11 I I I I I'll I I , I I I 11 11 11 11 I I I 11 I I I 11 , 11 , '' I 11 11 '' I I I I I I , 11 11 I I I I . I'll ''I'll'' I I'll, 11 1, I I I , I I I I I 11 I I I I I I I 11 '' , , - I '' I , I I I 11 I I I , I I I I I I I I - I .11, I I I I 11 I I I I I I I 11 I , I I I I I I I I I I I I , I , I , I 11 ''I'', I '' I I I I I'll, - I , I 11 I I I I I I I 11 I . I I I'll, I'll, I I I I'll, I I'll, I I , - 11, I , 11 I I I I I I I I I I I 11 I I I , I -, - , , , , , , , I I I I I I 11 I I I I � I I I . I I I 11 I I , I 1, , I - , , I I I I I I I I , I I I I - I I I I 11 I 11 11 11 I I I I I I I I I . 11 I I 11 I I I 11 '' 1, '' I I I 11, 11 11 I , , , I I I I I I I I - , , I I I I I 11, 11 11 11 I 11 I I I I 11 I I I I I .1 - I I I - I I , I , 11 I 11 11 , I . I I I I 11 I , 11 11 I I - '' I I I I ,. I 11 , 11 I I I I 11 11 11 I I I I I 11 I I I 1. I I I I I I 'I, I , 11 I 11 11 , 11 I I I 11 I - , I - I , I I I 11 , I - 11 I I I - 11 I I 11 I I - I , I I I . I I I I I , 11 11 , '' , 11 I I , I , , - 11 I I I I I I 11 I 11 I'll 11 I 11 11 11 11 11 I I I I I I 1.11 I I 11 I I I I , I I I I I I I I I 11 , I I , I 11 I I 1, I 11 I I I 11 I 11 . I 11 I I I I I I I I I 11 11 I I I 11 I 11 I - I I I I I 11 I I I I I I I 11 I I .1 11 I I I , I I , 11 I I I I I 11 I 'I, I I I I I I I I '' I 11 I I 11 I I I I I I , I I 11 I I I I I I'll I I I I I , I I I I I ''I'll 1, I , I I I I I I I I I I , I 11 11 I I 11 I .11 I'll, 11 I I I - I I 11, 11 I I I I I I '' , '' I - I I - I - I '' , - I I I I I 11 I I .1 11 I I I 11 I , I I I , I - I I 11 1, I I I I 11 I I , , , '' I I 11 '' I I I I I I I I'll I I I I I I I I .11 I I I I 11 I I 11 - I I I I I I I I 11 I '' 11, I 11 '' I I I I 11 11 I 11 I I I I I I I 1.11 - I'll, I - , I I 11 I I I I 1, 11'', '' I I I I I I I , 11 I . . . '' I 11 I '' 11 I I I I I I I I I I I I I 11.11 11 I 1, I I I , I I I I I I , I I I , , , , '' 11 - I I I I I I I I I I . 11 - 11 I I I 11 11 I I I I I I I I I I 11 , I I I I 11 - I I I I I I'll 1, I I , I I - 11 I . 11 I I , '' I , 11 I , I I I I I I I I I 11 I I I , I '' I , , I I 11 I I 11 I - 11 I I I , - I I I I I I I , I I . I I I 11 I I I I I I I I I I I , I 11 I .1 I I 11 I , I I , I I I I I '' I 11 , I I I 11 I I 11 I I I I I I 11 I I 1.11 I I I I , I I I I I I I - 11 I I I , 11 I I I I I I I I I I I I I , 11 11 I I .1 11 I I I I I I I I I I 11, , I I I I I I I , 11 '' 11 I I I I I I - , I I I I 11 .11, I I I I , I I I I , '' I I , I I I I I I I I I I I I I I I., I I I I I I I I I , 11 , I - I 11 I I I , I I I I I I I I I I I I I I 11 . I I 11 I I I I I I I , I 11 I , I I I , I I I I I I 11 I I I I I I I I I I I 11 I I . I I I , I I I I , I I , I - I I - I I I I I I I I I I I I I .11 I I 11 11 I , I I 11 I , 11 I I I I I I'll 11 11 '' , , I I I I I I I I I 11 11 I . I I I I I I I I I I I I I I I I I 11 I 'I, 11 I I I . I I I I I I I I I I I I I I I I I I I I I I 11 I I , I 11, I . I I I 11 I I I I 11 I I I I I I 11 I I I I , , I I I I I , I I I , I I I . , , I I I I I I I I I I I I I 11 I I I I I I I I I I I I I I I I'll I I I I I I I I , I I I I I I - I I I 11 I I I I 1, I I I I I . I I I I I I I I 11 I I I I I I - I I I I I I I I , I I I I I I I , , ., I I I I I I 11 I I I , I I I I 11 I I I I I I - I I I I I 11 I , 11 11 I I I I I I I I I I 11 I 11 11 , 11 11, 1, I I I , I , I 11 I I I I I I I I I I I I I I I I I I 11 I I I I I I I . I I I I I , I 11, I I I I I I I ,I 11 I , I I I I I I I I I I I I I I I , .11 11 I I I I I I I I I I I I I I I I I I 11 I 11 I '' I, I I I I I I - I I I I I I I I 11 ,.'' 11 I I , I I I I I I I I I I I - 11 - I I I I 11 I I I I I I I I I I I I'll, ''Ill-, , , I I , I , I I I I I I I I I I I I I I I I I I , I I I I , I I . I , , I I I 11 I I I I I 11, I I , I I I I I I 11 I I I I I 11 I I I I I I I 11 I I 11 I , 11 I I I , I 1, I I , 11 I I I I - I - I I I I I I I I I I I'll I I I I I I I I I I 11 I . I I I ,'' I I I I I I I I I I I I I I I I I I 11 I I I 11 11 11 I I I I 11 I 11 I I 11 I - 11 I 11 I I I I . I , I I I I I I I '' I I I I I I I I I'll I I I I I I I I I I I I I I I I 11 . I '' I , 11 I I I I I I I I I I I I I I I I I I I I I I 11 . I I I I I I , � I I I'll , I - I I I I I I, , I I , I I I I I I I I I I I 11 I I I I I 11 I I I I - I I I I 11 I I 1. , I I I , , I 11 I I , I I I , I I I I'll, I I I I I I I I I I I I I I I I .I '' I I I I I I I I I I I I - - I I I 11 I 11 I , I I 11 I I 11 I I . I I , 1, I I I I , I , I I I , I I I I I I I 11 I I I I - I I I 11 I 11 I , I I . I , I I I , I I I I 11 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - , , I , I , I. I , I I - 11 , I I I , I 11 I I I I I I I I I I I 11 I I I - - - I - I I I 11 I I I I I I I I I I I I , , I -., - '' I I I I I , I I I I , - , I I I I 11 I I 11 I I 11 I I 11 I I I - 11 I I - I I I I I I I I I 11 11 , , ., 11 I I I I I I I I - I I , 11 I 11 I I I I I'll I I I 11 I I I I I I 11 I I I I I I I 11 I I , I ., , I I I I I I I I I , - I I I I I I I I I I - I I I I 11 I I - I I , I I I I I I I, . 1, 11 I I I , I I I'' , I I I I I I I I I I I I I I I 11 I - I 11 I I I I I . I I , , 11 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , I - , I I I I I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I - I I I 11 I I I 11 I I I I '' I I I , I I I I I I I I I I I I '' I I I I - I 11 I'll I I I I I 11 I I I '' , I , I I I I I I I I .11. I 11, , I I '' , I I 1, I I I I I 11 I I I I I I I I I '' I I I I I I 11 I - I I I I I I I I I 11 I .111, 11 ,1, I , I I , ,I I 11 I I I I I , I I 11 11 11 - I I I I I I I I I I I - '' I , I , I , , -,'' 11 I I I I I , I I I I I I I 11 I I 11 11 I 11 I I I I I I I I I I I I I I I I I I I I I I , I I , , I I I I I I I I I I I I , I I - I I I I I ,I I I I I I 11 I '' I I 11 .11 , 11 I , I I I I I I I 11 I I I I I I I '' I , I I 11 I I I I I I I 11 I ,I I , I I I I 11, 11.11, I I I I, , I I I I I I I I I I I I I I I '' I I I I I , , , I I I I I I I I I 11 .I I I 11 I 11 I I I I I I I I I I 11 I 11 I I I I I I I - I I I I I I I I'll I - I I I I I I I I I I I I I 11 I I 11 I I I I I I 11 I I 11 I I I I I I ., I I - I I I I , I I I I I I I 11 11 I 11 11 I 11 I I I I I I I I I , I I I .I I I 11 , I I 1, - I I I I I I I I I I I I I I I I I I I I I I I I I I 11 I I I I I I '' I I I I I I I I I , 11 , I I I , 11 , I I I I I I 11 I I I I I I I I I 11 I I I I 11 , I I I I I I . I I , I I I I , I , I I I I I I I'll I I I I - I , 11 - I 11 I I I I I I I 11 I I I I I I . I , - I I , '' I 11 , '' I I , , , I I I I I 11 I I I I 11 I I I I I I - 11 I I . 11 I I I 11 I I I I 11 I I . I I , - I I I'' I I I I I I , I ,I , I I I I I I I - I - I 11 I I I I I . I I I I I I . , 11 I'll , '' I , I I I I 1, I I I 11 I 11 I I I I I I 11 I I I I 11 11 I I I 11 I I - I . I 11 I , I'll I 1, I 11 I , I I I , I 11 I I I 11 I'll, - I I I'll I I I I I 11 I I I - I'll I I I I I , , , .... . 1. I 11 I I I I - 11 I 11 11 I I I , I I 11 I I I I 11 11 I I 11 I I I I I I '' , I I I 1, I I .11, ''''I 11 , 11 I , 1, '' I I I I 11 11 , 11, I 11 , I I I I I ''I'll'', I 11 I - I , I , I I I I I I I I I I I .'' , ''I'll I I I - I I I I I I I I I I I I 11 I I I I 11 I I I I I I I I I I I I I I I 11 I I I I I , - I I , I'll , '' ,, I I I I I I I I - I I I I I I I I I I I I I I I 11 I , 11 I I, 11 I '' I I I I , I I I I I I I - I I I I I I I, I I I I I I I I I I I I I I'll I, I , I I I I I I I I I .11 I'I, I I I I I I I I I I I I I - 11 I I I I I I I I I I I I I I I I '' I'' I I , I I I 1, I I I I I I I I , I I , I 11 I I I I I I I'll 11 I I I I 11 - 11 11 I I I I I . I I I - , I , I I , I I I . I I I I I I I, - I I I I I I - - 11 I I I 11 - I I I I I I I I I I I I I I I I I I I - I , ., I ,I 11 I, I , , 11 I I I I I I , I , , I I , I I I - I - I I - I , I I 11 I I I I I I I I I I I I I I 11 I 11.11, I I I I '' ''I'll'' I I I , , I I '' I I I I I I I I I I I I I 11 11 I I I 11 I I I I I I I I I I I I I I I I I I I , I . , I I I , ,I 11, I , I I I I I 11 - 11 I I 11 I 11 - I I I I I I I I , I I I I I I I 11 I I 11 I . I , ,, I I , 'I, I - I I 11 I I I I I I I .1 - I , I I I 11 I I I I ,I I I I I I I , I I I I I I I I I I I I I , I I I I I I I , I, , I I I I I I I I .11 I I I, I I I I I 11 I I I I I I I I I I'll I I I , , I I I I I I I I I I '' , ., I ,, , I I I , I I I I I I I I I I I I I I I I I I I I I I , 11 I I I I I I I I I I I I I I I - I , I ,I I, I I I I I , I I I I 11 , I I I I 11 I I I I I 11 I I I I I I I I I I I I I I I , I . , I , I I I , I I I I I I , I 11 I I I I I I I I I I I I - I I I I I I I I I I I I I I I I I I I I I I , .1 I'll , I I 11 I I I I I I I I I I I I I ''I'll, I 11 11 11 I I I I I 11 I I I I I I I I I .11 ... I , I I I I I I I I I I 11 I I I I I I I I I I I I I 'I, I , , I I I I .I I I '' I I I I I I I I I I I I I , I I - I '' I I 11 I I I I I I I 11 I I I I I I . I - ''''I I I I I I I I I I , I I I, I I 11 I I I , I , I I I I .11 I I I I I I I I I I 11 I I I I I I I I I , I 11 I I I , I I I I I I I I . I , I I I I I I I I I I , I 11 I I I I I I I I - I I I .1 I I 11 I, I I I I I I I I 11 I I I 11 I I I I I I I I I I I I I I I I I I I I I I I I ,I I I I I I I I I I I I I - I . I I , , I I , I I I I ,, I I 11 I'll 11 I I I I I I I I I I I I I I I I I I .I I I I I , I I I , I I '' I I 11 I I I I I I I I I I I I I I I I I I 11 I I I , , - I I I I I I I I 11 I I I I I . I 11 I, I I I I I I I I I I 11 I I I I , , I I I I I I I I I I I I I I I I .11 I I I I I I I I I I I I I I I I I I I I I , I I I . ,I 11 I , - I . I I I I I I , I I I I I I I I , I I I I I I , I I I I , I I I I I I I .11 , I I I I I I I I I I I I I I I I I , I I I I , I I I'll, I I I I I I 11 11 I I , I I 11 I I, I I I I , I I I .11 I I I I I I I I I I I I I I I I I , 11 - - I , I I I I I I I . I I I I - I 11 I I I I I I I I , I 11 I I I , I I I 11 I I I I I . I I I I I I I I I I I I I I I I , I I , I I I I - 11 I I I I ,1, I I 11 I I I I I I I , I I I, I I I I I I I I I '' ,, I I 11, I I I 11 I I I I I I .I I I I I I - I I I I I I I I - I I , I I I I , , I I I I I I 11 , I I - 11 I I I I I I I I I I I I I I I I I '' ,I,I I I I I I I I I I - I I I I I I I I I . I I I I I 11 I, I , I , I I I I I I , I 11 I 11 I I I I I I I I I I I I . I I I - I I I I I I I I I I , I I I I I I , I I I I I I I I I I I .I I I I I I I I, - I I I I , I I I I - I I I - I I I I I I , I I . I I I I 11 . I I I I I I I 11 I - I 11 , I 11 I 11 ,I I I I I I I I - I I I I I I I I I I .11 I I I I I I I I I I I , I I I '' , I , I I I I . I I I I I I .I I I I I I I I I I I I , I I I I 11 I I I I I I I I I 11 I .11, I I I I I 11 I I I I I I I 11 , I I I I I I , , , I I 11 I , I I I I I I I I I I . 11 I I I - 11 I I , I I I 11 - , I I I I I I I I I I I I I I I I I I I . I I I 11 I - I I I , I I I , I I I 1, I I 11 - '' , '' , , , I I I I I I I I 11 I I .11 I I I I I I I I I I - I I I I I I 11 I , I I 1, , 11 , I 11 , I 1, 11 I I I I I I I I 1, I I 11 I - I .11, I I I 11 I 11 11 I I I I I 11 I I I , I , I'll 11 I I I I I , I I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I I , I I I I I I I I I I I , I 11 11 I I I I I I I I 11 I I I I I I I - I I I I I 11 I I I I I I I . , I 11 I I I I I I I I I 11 I I I I I I , 11 I , , 11 I - I I 11 I I I I I I .1 I I , I I I 11 , I I I I I I I I I I I I I I I I I 11 I I I I I ., I I I , I I I I I I , '' I I I I I I I I 11 I I I I I I I I I I I I I I 11 I I I , I I , I I I I I I 11, I I I 11 I I I I I I I I I I 11 I I I 11 . I I I I I 11 I I I I 11 I I - I I I I I I I I I I I . I I 11 I I I I , I I I I I I I I - I I I I I - I I I I I I I I 11 I . , I 11 - I , , I I 11 I I I I I I I I I I I I - 11 I I I I I I I 1, , .'' 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I I I I I I I I I I I I I I I I I I I I I I I I , I 11 I I I I I I I I I I I I I I I I EXHIBIT 1 r: Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �S`�"RUCTI05 TQ CL. A. Claims relating to causes of action for death or for injury to person or to personal property or grow= crops and which accrue on or before December 31, 1991,must be presented not later than the 10&day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops vid which,accrue on or ager January 1, 1988, must be presented not tater 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 sof the cause of action. (Gov't Otte 911..2.) B. Claims must be filed with the Clerk of the Board ofSupe.-risors at its office in Roam 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of"Supcmisors, 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 tach public entry. E. Emd. See penalty for fraudulent claims, Pawal Code Sew. 772 at the end of this fox-n:. ##s+iilat�ft tM#f+iRffrlfsri#*fi##!c##t#####fes#*ass#f##fffff####ffffff*##f•k9f•##ts#si•sss###fktsf RE. Claim By Reserved for Clerk's filing stamp Isabelita Puruganan =8000. ��Against the Counry of Contra Costa or ) 04Disu ict) uta s(Fill in name) a _ . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-reamed district in the sum cif$ _ anti in support of this claim r nresants as follows. A sum in exc of the $25, 06b jurisditional limit cif the unlimited 1. When did the carnage or injury tsar? (Give== daze and hour) Superior Court. Mine 27, 2003 2. Where slid the damage or injury occuO(Include city and county) S. California Blvd. & Olympic Blvd. , Walnut Creek, Ca. 3. How did the damage or injury occur?(Give full details; use extra paper if required) See Traffic Collision .Report attached as Exhibit "1 ". However, Claimant was not aware of any allegation of wrong- doing on the part of the County of Centra Costa until the October 8, 2004, deposition of Patty Bartzi attached as Exhibit bit "2". 4. *hat particular act or omission on the part of county or district officers, servants, or ern ?1?gts caused the injury or damage? According to Ms . Bartzi, the Contra Costa o nLy employee drove fast through a yellow/red light at California/ and Olympic. (Exhibit 2 at page 15 line 19-25; page 25 lines 8-16) 5. What are the names of county or district officers, servants, or employees c4using the damage cr injury? Michelle Francesca Jensen 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimate$for salad L Claimant' s veicavaleft., totalled. See July 18, 2003 letter o,;7 Farmer ' s Insurance. 7. How was the amount claimed above computed? (Include the estimated amount of any prospe—aive injury or damage.) See Exhibit "3" 8. Names and addresses of witnesses, doctcrs, and hospitals. See Exhibits 1 & 2 All medical treatment at Kaiser Permanente. 9, List the expenditures you made on ac=unt of this accident or injury. DATE ikla AM 1 ) Kaiser billing to date of $12, 941 . 12 2 ) Wage loss to date of approximately $5, 000 Gov, Code Sec. 9:0.2 provides "The claim. rnu st be signed by the claimant or by some per son or Imis behalf SE-NIDN0=5191- A Name and Address of Anorncy .Fames J. Otbonne ll - O'Donnell & Smith 309 Lennon L.ane, # 101 Walnut Creek, Ca 94598 James J. 0 Attorney on behalf of Claimant dr Isabelita Pur(Aduess) ganan 035-1707 Telepiai Telephone No. NoInCE Section 72 o(tht Penal Code Provida: Every person Soho,with intent to deftwt v=nu for allowance or tb*payment to any suit board or OZ=,or ic=y c=unry,ciry,or district board or offic,—,authorized to Zcw or pay the same if ge:iuinc,any Use orhudWezi c4iLm.,ba VOUC!"ier,or wTiting,is punishable either by imprisonvair-nt in tb4 county*1 for&period of not mom than etc y=,by athne of not exuding one thousud(S 1,000),or by both such impri scnment wid fine.or by imprisonment in the stat:pris*4 by a IS=We not exuding ten thousand dollars($10,000),or by both such its osonsient.and fine. EXHIBTT It f t STJSE{J Wei GfY tLA' C •» r Ll TRAFFIC COLLISION REPORT �d�33 C(%7 1Hp 5�5 PC Page t (Rev&SM OPf 042 tape 1 « • SPECIAL CG!KfI.CYt2 `Airt!A� clty ` nJC+C:K.JaTRtt LO6AL srnA:W'iQF P v,� �W,a(.NUT CS2 FFk { ..ce+...m + {eawmi rCvpatavGpLiaA: WA, -lCvlC 61�Sa6Yt OCtU><AR23 aN W p- ]LUi IiHttltli:l +K(ts 1Cf'piCEA:0. Z 5.C,.ALIFtORMA E IND 45M-003 (IR54 0732 L P 94 w:.fP66T tia�aRauTfOr+. fk[Y Of M•W TC*A PNCfCC}LU 'v 8v! Lfrwf { FMAY vet 1 '6-b P.WL•LCJE '.AtTF.Rdi6`F;ON 4VrT STAB t rn`,Y A V. .YES I A o CLY'h1P3C BL'JE1. IYARTV 11RMR'9 LCEId.Y h1UYaEA I STATE �C.ASS �¢ArCtY V"YW t+[+++t:�GCtI.J::4C�7 tKX!KE wLrwtifR 5'aTt i1 I trJ�. CA C IEE(:HERO'LL R3D SLI)L5o$ CA iSJC78613 G { cRlYcx wwtsst A[ oLs. do IACQCIELENE A1A}t P}iFirii vweecs-AI& Cel PtDts s�axaT AebrJxss �� a 6641 tA.€Aanecxntax } rtAscnveA ? clTvinaT>trz>• YFN:C.F, fi]NCRA CA 95310 t5��vt7atu oa aRaX or (�err eex 'X 'sw.ca !;cra 8N)Y. ae6A tfAl1 it2a `�i.'C+,t V,E�CJh' t`4 SAT QTS tAtd AAA ��Ii. 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STATE aF CAL F43RWA INJURED!WITNESSES E PASSENGERS �- CHP sss PC Pile 3 1ev ' RY 044 WE OV CL'N.U31014 IMO DAY Y ARI TaAC(2403 NO'0 JFF{CCR�V Ntsft" 0712 ?395 03-16610 WNW FAMMCur � Ae 5D EXTENT OFIWURY{`X'ONE) INJURED WAS ONE) ►+■rY it,: s.,jm aeaY ORV IXTA1 ��'Ai; OPN[i Yitr34i COW4,�INY I ( rrc'NfER roil _ #k{)-U-*�Y rK;t.r4T 1H�tyUir�.. I C+�rXIH BLfdi1 fXi{. iia. 4�CiYC.+iY bTuik j 7S F tJ faS r LJ ❑ I ! I i r i Cr i NAME tD.403 tACCAf55 Tittvtri �IAGC UELIhE:. AttIEH IM (07,171I929) i��al Ycnt:+flrl?. r�.,St3t�C�Ra,C 9s3"a { y . (� 3nKY)TANSPOATEO§r.... TrVt€N T4' V?CTSM OF V!Ot,EN'i CRUE KC.'z t0 Ll F7 L JI T '�� :�.t>� {�Ut2,.tt�-.�.rt+�-ha �i5�-��..� �b�,.�J�C.�T� � s -L-.rtJ't ��' `�''•.. •IN"90 OWLY;TRANSPORTED BY; ..� TXXEM TO: - y -A-..5-j: I----E G`J Pa:,C-A-L Ocs ME WJURMs _ l� (- WCT'Alk OF VIC'.ENT CHOmf NCT!fmc !! w1J,VOOsrXDDR€SS Ter aNOr W4AJRCB ON' !TMINSPOR:EOBY. ?;KE,w TO: ,�ZI- s ` ! CESCAME}NJILAIS: r V-rT71OFVOLEkTCRUE1:GT::!�D IV N"t i d 8 f MU0R8s5 Y PWC` t" r t ELS II-e—(,-2Z 1!4cs` LA- i i t _ tt- flKh-'RfC ONtr YRAN&PO4TED 9Y' TAKEN TC. DESMOC tN,FJArES: t VOCTW OP 0CLENT cRiKK r.OT'Y.to El wa!rtf.C.B.rwOai Ss TEtf✓'rr0�: R4,1UMO*IKY) R sPO3CT€O ay t tsr::cuae tH.iUMtE3 i!I ! � VIGTNif CYF Ybl¢�.T CrF:M>?IiCT:T';.� f ftV.tE J 0.0.8 i XODRESS L_- ;rt+.r.JREp ONLY)TR MS-ORTEd 8Y- Tsxty Tr 1 Ce 9Cr2:be IN.URif9. i i (f VICTIM CF VI;LENT CPtCE NC"F•iO 2 ?•�f>ARf523N.1M= t©.NGM9G"t �tx7 C+SY 5't AF. Rc'�1ChY:3vXiv� �+Ci p+r YtJ,ft� t STA'T'E of CALVORNIA NARRA' IVEISUPPLEM -IT# PA QCs OF #P R t� 12 DATE OF tN tf1ENT TIME NC1C NUMBER a�FiCio c 1.0, NUMBER 6-27.03 0859 0712 P395 03-16610 .1 FACTS: 2 3 NOTIFICATION: i was dispatched to a call of an injury traffic collision,with an ambulance 4 responding at 0859 hours. I responded from Lakewood Rd and arrived on scene at 0915 5 hours. Ofrs. RANGEL and WEt_GE had arrived on scene. at OS02 hours.All times, speeds 6 and measurements in this investigation are approximate. Measurements were taken by 7 pacing, except where otherwise indicated. 8 9 SCENE: At the scene of this Collision, S. California Blvd. is a north boun(Qsouthbound city 10 street consisting of four lanes. The roadway is straight and has a slight ascending grade 11 from the north. The surface is composed primarily of asphalt. S. California Blvd. is 12 intersected by Olympic Blvd- Olympic Blvd. is a eastboundtwestbound city street consisting 13 of four lanes. The roadway is straight and has a descending grade from the west_ The 14 surface is composed primarily of asphalt.The intersecton is signal contrciled. See 15 diagram. 16 17 PARTIES: 18 19 PARTY f$ 't Heim)was located outside of her vehicle at the scene at 0859 hours. Heim 20 was identified by a valid California driver's license. Heim was placed as a party by the 21 fallowing items: 22 23 -Driver statements 24 25 JEEP CHEROKEE Driver# 1's vehicle, was facing eastbound straddling the two through 26 lanes of northbound S. Califorrila Blvd. south of 01y'r tpic Blvd. The distance to the midpoint 27 of the vehicle was 12 feet from the prolongation of the east curb of S. Califomia Blvd. and 28 72 feet from the prolongation of the south ori of Olympic Blvd. Vehicle damage consisted PREPARED BY 1.7 NUPBE R OAT E RE'AnVER'S tvAMZ DATE J. Dunleavy �. P395 96-28-03 STATE OF CALIFORNIA NAR TIVEISUPPLEMENTAL PAGE of �, ,z GATE OF INCIDENT TIME NCIC NUMBER O ICER I.D. NUMBER 6-27-03 0859 0712 P3S5 03-15610 1 of major front end damage as well as damage 2icng the entire left Side. There were white 2 paint transfer marks along the left side of the vehicle, especially on major dents to the front 3 and rear quarter parcels. 4 5 PARTY# Je sen was located outside of her vehicle at the scene at 0859 hours. Jensen was identified by a valid California driver's license. Jensen was placed as a party 7 by the following items. 8 9 - Driver statements 10 11 GMC Sonoma Driver# 2's vehicle, was found facing south in the#2 tura lane of 12 northbound S. California Blvd.The distance to the rnidpoint of the vehicle was 33 feet frorn 13 the prolongation of the east curb of S. California Blvd. and 27 feet from the prolongation of 14 the south curb of Olympic Blvd. Vehicle damage consisted of major fTorit end damage as 1v well as damage to the entire right side. There were red paint transfer marks along the entire 16 right side of the vehicle, especially near large dents on the front and rear quarter panels. 17 18 PARTY# 3_{_Purucanan}was located outside of her vehicle at the scene at 083 hours. 19 Puruganan was identified by a valid California driver's license_ Puruganart was placed as a 20 party by the following items: 21 22 - giver statements 23 24 BMW 7353 Driver 3's vehicle,was found facing norm in the 92 turn lane of northbound S. 26 California Blvd. The distance to the midpoint of the vehicle was 27 feet from the 26 prolongation of the east curb of S. Californie Blvd. and 36 feet from the prolongation of the 27 south curb of Olympic Blvd. Vehicle damage consisted of moderate damage to the front 28 left quarter panel. PIRErA.REDBY I.D.NUMBER 7ATe EVIEWER'S NAME CAT f: J. Dunleavy P395 06-29-03 STATE Of CAL[Ft RXIIA NARRATIVEJSig1PPlEMENTAL PAGE OF r#'.AGEOF 12 DATE OF tNCll0 "NT 't IMS NGIC NUMBER OFFICER I.D. NUMBER 6-27-03 0859 4712 P395 03-16610 1 2 PARTY#4*Hies)was located outside of her vehicle at the scene at 0859 hours. Giles 3 was identified by a valid California driver's license. Giles was placed as a party by the 4 fallowing items: 6 - Driver's statement. 7 8 LEXUS SUV Driver#4's vehicle, was found facing north on the rnedian of S. Calilomia 9 Blvd. The distance to the midpoint of the vehicle was 42 feet from the prolongation of the 10 east curb of S. Califomia Blvd. and 63 feet from the prolongation of the south curb of 11 Olympic Blvd. Vehicle damage consisted of moderate front and damage. There were red 12 paint transfer marks an the front bumper of the vehicle. 13 1 V PHYSICAL EVIDENCE: 15 There were numerous pieces of plastic debris from all vehlc es invcfved in the area. 1 c Several pieces of plastic were located close to the area where the tart lane from eastbound 17 Olympic Blvd. intersects with southbound S. Califorriia Blvd. There was a!so a short 1s north/south (approximately i8 inch)skid mark In the #12 through lane of S. California Blvd. 19 where the roadway intersects the night hand turn lane of eastbound Olympic Blvd. The skid 20 mark was diagonal and appeared to have been trade by a tire going sldeways, 21 22 23 STATEMENTS: 24 25 PARTY# I fHeiml told me the following (paraphrased and organized)- 26 27 On 6-27-03, at approximate!y 0859 hours, she had just lett St. Mavis Church and 28 was traveling eastbound on Olympic Blvd. She was in the right hand turn lame as I>REPAPEO BY 1.05 !'+lilM8ER DATEEdt NEF;'S NAME VATe J. Donleavy P395 06-28-03 STATE OF CALIFOP-NIA NARRATfVEISUPPL.EMENTAL PAGE C7(_0F #PAGFOF 12 E?ATE Or WFUENT TIME 95C NUME A OF'FiCt✓eR W. NUMBER 6-27-03 0859 0712 P395 t33-1�61U 1 she approached S. California Blvd. and had a green light in her direction. She turned 2 right onto southbound S. California Blvd. and was immediately struck by another 3 vehicle. That elusion pushed her vehicle into on-corning traffic where her vehicle 4 came to a stop. 5 6 She did not remember seeing the vehicle that struck her prior to the collision and 7 had no idea where that vehicle had come from. She atso did not remember hitting 8 any other vehicles after the Initial collision. 9 10 PARTY#2 (Jensenl told me the following(paraphrased and organized): 11 12 On 6-27-03, at approximately 0859 hours, she was on her way to her work route in 13 Danville as a pest detection inspector for the Contra Costa County Agriculture 14 Department. She was traveling south8cund on S. California Blvd. in the#2 lane and 1 C� entered the intersection at C7lyrnpic Blvd. on a green light in her direction. As she 16 entered the intersection she saw something red out of the corner of her eye cuff to the 17 west and felt the coiNsion.That collision sent her vehicle into on-coming traffic where is she immediately strcuk a BMW head-or. 19 20 She had not seen the vehicle that struck her prior to the collision. 21 22 PARTY#3 {PuMgananl told me the fallowing (paraphrased and organized): 23 24 Cn 6-27-03, at approximately 08,419 hours, she had just left Kaiser Hospital where 25 she worked as an anesthesia technician and was on her way home. She was 26 traveling in the#2 left hand tum lane on northbound S. California Bivd. and was 27 approaching Oympic Blvd. when she saw the tum arrow cycle from green to yellow 28 and thea to red. She started slowing to a stop as the light cycled yellow and was still PREPARED BY U3 Nukicsr=R CATE VtEVtEtvER'S NSM ,DATE .!. Dunleavy 1 395 £16-28-03 STATS OF CALIFORNIA OATS of INCtt3ENT TMEt+BCIC NUM ER ­77ZER ED. NUMBER 6-27-03 0859 0712 P395 03-16610 'jZ' 1 slow*ndc�wc when she saw something red to her left(west)and teem saw a small 2 white truck heading right for her in her lane. Before she could get out'of the way, the 3 track struck her head-on. 7 4 5 PARTY#4(Giles) told me the following{paraphrased and organized}: 6 7 Can 6-27-03, at approx€crately 0859 hours, she was traveling northbound on S. 8 California Slvd_ In the#1 left hand turn lane approaching Olympic Blvd. and was 9 slowing dawn for the red light. She saw a red vehicle enter the intersection fror;r 10 \eastbound Olympic Blvd. and a white vehicle enter the intersection from southbound 11 S. Califon:ia Blvd. where the two vehicles collided. The red vehicle then jurmped the 12 center mediae striking her vehicle head-on. The incident happened so quickly that 13 she was unable to get out of the way of the red vehicle. 14 15 t1VITIVaS#'l (Richard Jartoardortwas contacted at the scene at approximately 0 2 16 hours. Jongordon told me the following (paraphrased and organized). 17 18 He had been in his vehicle stepped at a red light in the#1 through lane of 19 southhound S. California Blvd. He was in the#t position at the time and had an 20 unobstructed view of the intersection,When the light cycled green, he saw a small 21 white truck turn onto southbound S. California Blvd.from eastbound Olympic Blvd. at 22 a high rate of speed. The truck immediately struck a red suv and Cheri careened into 3 carr-carni"sna traffic striking another vehicle. 24 25 Jongordon had no idea where the red suv had been just prier to the cotlision.and was 26 unsure which direction it had been traveling. Jongordon was adamant that the white truck 27 had come from Olympic Blvd. and not from his direction of S. California Blvd. 28 gr APED av I.D.NL MSSR E REVtEWER{s wu,E OATS J. Donleavy , P395 06-26-03 STATE OF CALIFORNIA NARK°ATIVEISUPF LEMENTAL 'AGE 1 OF #PaGEOF iz DATE OF INCIDENT TIME NCre lJ7PVR' C3F CER I.D. NUMBER 6-27-03 01859 0712 P395 03-16610 2 WITNESS#2 tPatt,,,y Bartzil was contacted at the scene at approximately 0925 hours. 3 Ba{-tzi tcld me the fallowing (paraphrased and organized): 4 5 She had been in her vehicle stopped at a refs light in the#1 through lane of 6 eastbound Olympic Blvd. at S. Cal'c#ornia Blvd. She was stopped in the#1 position at 7 the light and had an unobstructed vier of the intersection at the time. She heard a 8 loud noise and saw that a white truck was in a lane of cn-coming traffic on 9 northbound S. Califomia Blvd. and had crashed head-on into a BMW. i0 11 SARTZt said that she had not seen the white truck hit the red suv and thought that the crash into 12 the BMW had been the original collision. 13 14 SUMMARY. 15 16 D1 (Hlelm)was traveling eastbound on Olympic Blvd. and turned south onto S. California 17 Blvd. against a red light. D2 (Jensen) legally entered the intersection at the same time on a 18 green light and was traveling southbound in the#2 through lane of S. Caidornia Blvd. D1 19 sideswiped 02 striking the right front quarter pane! first and then the right rear quarter 20 pane. 21 22 The force of the initial collision sent D1 over the center median into the#1 turn lane of 23 northbound S. California Blvd. and sent D2 into the#2 tum lane of northbound S. California 24 Blvd. 01 then struck 04 (Giles)head-tin,forcing D4 back onto the center median. D2 struck 25 D3 (Puruganan) in the left front quarter panel and both vehi.fes came to rest against each 26 other in that lane. 27 28 AREA OF tMP'ACT. PR ERRED 8Y f.D.Ntl�t9�F2 DA � hEdt �aEFt'S-NAME [SATE J. Dcnlea+ry P39506 r STATE OF CALIFORNIA l+iAi LAT}V "' Lt `Pt.EA ENTAL PAOjE !1.3F eAGEO 0 E OF INCIDENT TIME !MGIC NUMBER OFFICER LD. DUMBER 8-27.03 0859 0712 P395 03-16610 1 2 The area of impact was approximately 70 fest from the prolongation of the east curs of S. 3 California Blvd. and 12 feet from the prolongation of the south curb of Olympic Blvd. 4 5 CAUSE: 6 7 01 (Heim)was at fault for falling to stop at the red light on eastbound Olympic Blvd. per VC 8 21453(a). 9 19 f2ECC)lti9l'-ENDATIONS 1, 12 Based on DI's (Helm)driving, and confusion at the, scene, I am recommending that she be 13 riven a IMV re-examination to determine if she should still be licensed to drive. 14 16 DISPOSITION: Case Closed RUMTER DATA R '✓tEr r.Fi'S t3Al1 C J. Dunleavy P395 06-28-03 _.. .. ......... ......... ..... .._. _.... .......... ........._.. ......_.. ......... ........... . ...... ......... ......... ......... .._...... _ __ _....... _..._. ......... ........... ....... .............................. . . .... .... ......... ......... ................. . ........ .. .._.. ............ ....... ........... ......._.. .__..... .......... ........... _........... ...... .......... .. ....... . ........ ......... ....... ......... ......... _. _. _ ........ ............ ...... ......... ........ ............ ........... ......... ........... ._........ ............... ....... ........ ........... ...... _.. ....... ..... ..._ _... ........ .......... ......._. .......... ......... ......... ......... ........... .._....... ........... ........ ........ ........ ....... ...... ... ... .. ... ........ ..._..... ........... ........... .........._. ...._..... .........._........-__... ..............._........... ........ ........ ......... ....... ........ ....... ........ ..._... ......... ... ....... ...................__.._...............__....._..... ..........._......_............_............._........... ........... ........... .......__. ..._...... ......... ......... ........... .......... ......... ....._.. .....__... ._._..._. _... _.. .. .__.. _. ...._...._. _....._.. _. ...... ......... .................._..... ..........._. ._........ ......_................__.._._........ ..............................._............. .......... .......... ......... ............ ......._.. .......... ....... ........ ..... ......... ..............__..__.. ...._..._.............._.__.............. _....._.... _........._._._._..... ..._...._.............._.. ...._........ .......... ............ ........ ........ ............. ....................... .. ......... .. . _. ... _....._. _... __.. ._. _....... . . ...... .__.. _...... .._. _.. ..._.. _. . . _. ....... ............._.................._..._......__........__........._..... ...._...... .......... .....__..... .......... ............ ........ ........... ........ ........ ......... ..................... Y b: N. EXHIBIT '427 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF CONTRA COSTA 3 CIVIL - UNLIMITED JURISDICTION 4 5 ISABELITA PURUGANAN, } } 6 Plaintiff, } } 7 vs . } Case No . C04 -00901 } 8 JACQUELINE MARIE HEIM, AND DOE } ONE THROUGH DOE FIFTY, } 9 INCLUSIVE, } } 10 Defendants . ) } 12 13 14 DEPOSITION OF PATTY BARTZI 15 Taken before LESLEE A . KELLEY 16 Certified Shorthand Reporter 17 State' of California 18 CSR No . 8306 19 October 8 , 2004 20 21 22 23 DIABLO VALLEY REPORTING SERVICES Certified Shorthand Reporter 24 21.21 N. California Blvd . , Suite 310 Walnut Creek, California 94596 25 (925 ) 930-7388 Deposition of PATTY BARTZ! - October 8 , 2004 DEPOSITION OF PATTY BARTZI Condenseltl T" October 8, 2004 Page 3 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 DEPOS/TION OF PATTY BARTZ: 2 COUNTY OF CONTRA COSTA t 3 CIVIL - UNLIMITED JURISDICTION 3 BE IT R-"„YEMBERE,`St that pursudnt to Notice, and vn 4 4 the 81h day of October, 2004, commencing at the hour of 5 ZSABELITA PWWGANAN, S } 5 9:40 a.m., at the Law Offices of McNamara, Dodge, Ney, 6 Plaintiff, I 16 Beatty, Slattery G Pfalzer, 1211 Newell Avenue, Wa_nut 7 vs. I Case No. C04-0097.1 I 7 Creek, California 94596, before me, LESLEE A. KELLEY, 8 JACQUELINE MARIE 4{dIM, ANC DOE } ONE THROUGH DOE FIFTY, ) 8 Certified Shorthand Reporter, State of California, there 9 INCLUSIVE, ) y 9 personally appeared PATTY BARTZI, prednced as a witness 10 Defendants. I S 10 in said action, and being by me first duly sworn, was Zi } 11 thereupon examined as a witness in said cause. 12 12 13 13 ---coo--- 14 DEPOSITION OF PATTY BARTZ! 1a 15 Taken before L€SLEE A. KELLEY 15 JAMES J. O'DONNELL, Attorney at Ldw, of the Law 16 certified Shorthand Reporter 16 Offices of O'Oornell t Smith, 309 Lenn o.*. Lane, Suite 27 State of California 11 101, Walnut Creek, California 94598, appeared on banal` 18 CSR. No. 9306 18 of the Plaint_°.. 19 OC:--ter 8, 2004 19 20 20 CARRIE -. CRCXAL:., Attorney at Law, of ,he Law 21 21 Offices of McNa.:.ara, Dodge, Ney, Beatty, Slattery v 22 22 Pfalzer, 1211 Newell Avenue, Post O'_f"_te BCx $283, 23 DIABLO VALLEY REPORTING SERVICES Certified Sftorthand Reporter 23 Wa-nut Creek, California 94596, appeared on tehalf of 24 2121 N. California Blvd., Suite 310 Walnut Creek, California 94596 24 Defendant Jac.;aaline Marie Heim. 25 {9251 930-7388 25 Page 2 Page 4 1 I N D E X 1 PATTY BARTZ! 2 PAst- 2 having been sworn as a witness by the Court Reporter, 3 EXAMINATION BY: MS. CRCXALL 4 3 Y testified as follows: 4 EXAMINATION BY! MR. O'--ONNELL 25 4 EXAMINATION BY MS.CROXALL 5 5 M5.CRE7XALL: Q.Will you please state your name 6 E X H 1 9 I T S 6 for the record? 7 nv-FENDANT'S P ,z 7 A. Patty Bart7i, B-a-r-t-2-i. 8 1 Traffic Colli=',cn Report, 6/27/03. .. 8 Q. My name is Carrie Croxall. We met earlier 9 2 Color copy of panoramic photo. 2- 9 this morning and my Understanding is that you witnessed 10 10 an automobile accident in Walnut Creek a year or so ago. 11 11 A. Yes. 12 12 Q. We are going to spend some time this morning 13 13 talking about that accident. I have a lot of questions. 14 14 Counsel may have some questions. We are just trying to 15 15 get your best recollection of that accident. 16 16 Have you ever had your deposition taken before? .7 17 A. No. 18 18 Q. Have you ever testified in court before" i9 19 A. No. Can I clarify? When you say "testify in 20 20 court," on my own or on somebody else`s? 21 2I Q. Either. 22 22 A. We did go to small claims court,my husband 23 23 and I, about two years ago. ' 24 Q. What kind of case was that? 25 25 A. It was to get tuition refunded at my DIABLO VALLEY REPORTING SERVICES .. (925) 930-7388 Page"I - Page 4 DEPOSITION OF PATYY BARTZI CondenseIt! October 8, 2004 Page 5 Page 7 1 children's previous Dung Fu school. 1 Also, if for some reason Counsel felt he wanted to 2 Q. You were obviously a party in a small claims 2 object to the question, that will give him a chance to 3 action. 3 object. 4 A. Yes, my husband and I. 4 I ask that you answer the questions to the best of 5 Q. Other than that, you have never testified in 5 your ability, but I also don't want you to guess or 6 court before. 6 speculate. We are going to be talking about things that 7 A. No. 7 happened a year or more ago and I have trouble 8 Q. There are some ground rales that we need to 8 remembering what happened yesterday,so it is perfectly 9 go over. Just mostly so that we are on the same page of 9 fine if you don't know or you don't remember,just tell 10 what is going to happen here today. 10 us you don't know or you don't remember. 11 You have just taken an oath. That is the same 11 However, I am entitled to your best recollection, 12 oath you would take if you were testifying in a court of 12 if you can give me an answer based on your best 13 law, so it has the same force and effect as if you were 13 recollection, I am entitled to that. 14 testifying in front of a judge and jury, even though we 14 So we are on the same page, as far as a difference 15 are in the relatively informal confines of my conference 15 between an estimate and a guess, if I ask you to tell me 16 room, okay? i 16 how long this conference room table is, you could give 17 A. Yes. 17 me an estimate because you see it. You have a frame of 18 Q. Everything that we say today is going to be 1s reference, but if I asked you to tell me the length of 19 taken down by the Court Reporter. Because of that, I 19 my dining room table at my house,you have never been 20 need you to give audible responses, which you have been'20 there so you wouldn't know and that is a sheer guess; 21 doing; yes or no or a narrative if it calls for it, 21 okay? 22 Things that we do in normal,everyday 22 A. Okay, 23 conversation, shaking our head, shrugging our shoulders,'23 Q. We are here at your convenience. If you want 24 uh-huh,huh-uh, those don't translate on the record. If 124 to take a break,just let us know and we will take a 25 we fall into that,either of us, we may be prodded. We 25 break. I ask that if a question is pending, that you Page 6 Page g 1 don't mean to be disrespectful, we are just trying to 1 answer the question before we break,but otherwise, if 2 get a clean record; okay? 2 you want a cup of coffee, need to use the restroom,get 3 A. Okay. 3 up and stretch, let us know and we will do that, 4 Q. If I ask you a question and you don't 4 A. Okay, 5 understand, please stop me and I will try and make it so 5Q. Again, I am entitled to your best testimony 6 that you do understand. 6 today. You will have a chance to review the deposition 7 If you answer a question, then anyone who reads 7 transcript in two or three weeks when it is available. 8 the deposition transcript later on down the road is 8 It will have all of the questions, all of the answers, 9 going to assume that you understood the question and 9 and anything Mr. O'Donnell may say, You can read 10 answered it accordingly, I know I am confusing 10 through it and you will have an opportunity to change 11 sometimes, so I'm not going to be offended. Please stop 11 any of the answers if you feel they are necessary, but I 12 me if the question is not understandable. 12 do want to caution you that if you make a material 13 A. Okay. 13 change, Iike changing a yes to a no,or changing a red 14 Q. Again,you have been doing great as far as 14 light to a green light, since we are talking about an €5 not talking over me and I ask that you continue to do 15 accident, that I can comment on that change should this 16 that. The reason for that is so that you listen to my 16 case proceed, so do your best today. We appreciate it; 17 question completely and then answer, and I will listen 17 okay? 18 to your answer completely before I ask another question..18 A. Okay, 19 There are several reasons; one is that it allows 19 Q. Is there any reason why we shouldn't begin 20 the Court Reporter to take down the complete question 20 your deposition today? 21 and complete response. When we talk over each other, 21 A. No. 22 she has a hard time doing that. 22 Q. You have not taken any medication that is 23 Another reason is so that you will hear my whole :23 going to impair your ability to recall events or 24 question and be sure you understand it before you try 24 anything like that. 25 and answer it, 1.25 A. No. DIABLO VALLEY REPORTING SERVICES - (925) 930-7388 Page 5 - Page 8 DEPOSITION OF PATTY BARTLI Condenseit? October 8, 2004 Page 9 Page I 1 1 Q. Have you ever been known by any other name? 1 A. Yes. 2 A. Patricia Good, Cs-o-o-d. 2 Q. Do you recall the date of the accident? 3 Q. What is your current address? 3 A. No, I do not. 4 A. 1722 Kingsly,K-i-n-g-s-1-y Drive, Pittsburg, 4 Q. I'll show you a copy of the traffic collision 5 94565. 5 report. 6 Q. And you said you were married earlier. You 6 A. I received part of this. 7 referred to your husband. Do you have children? 7 Q. This is not unfamiliar to you? 8 A. Yes. 8 A. No, it is not. 9 Q. How many children do you have? 9 Q. Have you seen the first page of it before? 10 A. I have two. 10 A. No. 11 Q. Son, daughter? 11 Q. If you look at the first page, sort of up by 12 A. Two boys. 12 the top,there is a section where it says "Location." 13 Q. Do your husband and sons live with you at the 13 A. Yes. 14 Kingsly'Drive address? 14 Q. And then kind of in the muddle of the page 15 A. Yes, they do. 15 there's a date of June 27, 2003. 16 Q. What is your date of birth? 16 A. Yes. 17 A. 12126167. 17 Q. Looking at this section of the traffic is Q. Where were you born? 18 collision report, does that help you recall the date of 19 A. Phoenix, Arizona. 19 the collision? 20 Q. Could you just briefly describe your 20 A. No. I know it was summer. 21 educational background, starting with high school? Did 21 Q. We might as well have this marked as Exhibit 22 you graduate from high school? 22 Number 1. 23 A. Yes. 23 (Defendant's Exhibit 1 marked.) 24 Q. Where did you graduate from high school? 24 MS.CROXALL: Q.Do you know what time of day it 25 A. Mt. Diablo. 125 was? Page 10 Page 12 1 Q. After high school -- 1 A. It was about ten to 9:00. 2 A. I worked full time. 2 Q. In the morning. 3 Q. Have you ever taken any college or 3 A. Yes. 4 occupational courses? 4 Q. Where did tete accident occur? 5 A. I hold a Property & Casualty, Life & Health. 5 A. It occurred in the intersection, I believe it 6 I'm also a notary and I'm licensed as a State Farm 6 is South California at that point and Olympic. 7 Agent. 7 Q. What were the weather conditions like that 8 Q. Do you currently work for State Farm? 8 morning? 9 A. Yes, let me clarify. I work for a State Farm 9 A. It was beautiful; clear and beautiful. 10 agent. 10 Q. Were you in a vehicle? 11 Q. What is the name of the agent? 11 A. Yes. 12 A. Kathy Smith. 12 Q. What type of vehicle were you driving? 13 Q. Where is your office located? 13 A. I drive a '99 Chevy Suburban so 1 was raised 14 A. 13001 Mt. Diablo :Boulevard. 14 and able to see quite a bit. 15Q. Is that here in Walnut Creek? 15 Q. At the time of the accident, where were you? 16 A. Yes, 94596. 16 Obviously you were in your vehicle. What was your 17 Q. What is your work telephone number? 17 location? 18 A. (925)933-6734. is A. My vehicle was at the intersection, going 19 Q. What is it that you do for Ms. Smith? 19 eastbound on Olympic, in the middle lane that goes 20 A. Saps, insurance products and service policy 20 straight and I was the second car from the intersection. 21 holders, 21 Q. What type of car was in front of you? 22 Q. How long have you been working for Ms. Smith? 22 A. That I don't know. It was a smaller sedan 23 A. Four years. 23 because I was able to see over it. 24 Q. So, you were working with her at the time of 24 Q. Were you able to see the entirety of South 25 the accident? 25 California and Olympic? DIABLO VALLEY DEPORTING SERVICES - (925) 930-7388 Page 9 - Page 12 DEPOSITION OF PATTY BARTLI CondenseltlOctober 8, 2004 Page 13 Page 15 I A. Yes. I Q. And as you saw her or after you saw her, 2 Q. How wide is that intersection,how many 2 scooting up, what did you see? 3 lanes,for example,eastbound does Olympic has? 3 A. She stopped and looked to see if the 4 A. It has two left hand turn lanes. It has one 4 intersection was clear and turned and a small white 5 central lane that goes across the intersection and one 5 truck came through the intersection and hit her hard 6 right hand tarn lane. 6 enough to where the white truck deflected and hit the 7 _ Q. Obviously from what you said that you were 7 lady in the BMW that was sitting in the left hand tum 8 traveling eastbound, it is safe to assume that was an 8 lane. She had no idea that this was happening. 9 east-west street. 9 Q. The lady in the Bmw? 1e A. Yes. Io A. She had no idea. The impact caused Jackie to I I Q. Is it also correct for me to say that South :i sail over the median, hit, I believe it was a Lexus SL'v i2 California is a north-south running street? 12 head on and deflect off that to come across the lanes in 13 A. Yes. '13 the opposite direction, so going northbound on 14 Q. Tell me about what you saw at the time of the 14 California. 15 accident. Describe the accident for me. 15 Q. When Jackie stopped, did you notice what I6 A. When I was sitting at the intersection, there 116 color the light was? 17 were people in the right hand turn lane. There was no 17 A. When Jackie stopped at the intersection 18 traffic. They were able to stop, look and turn , so I Is before she made her right turn,our light was red. 19 could see Jackie's car scooting up as each car was able i9 Q. Where was the white truck when you first saw 20 to turn. 20 it? 21 Q. Why don't you tell me, first of all, when you 21 A. It was coming southbound on California. 22 Jackie's car, what type of vehicle was she driving? 22 Q. Can you estimate how fast that white truck 23 A. She was driving a red Jeep Cherokee. 23 was traveling? 24 Q. And when you first saw Jackie's car, where 124 A. Fast enough to get through a very yellow-to 25 was she? 25 red Iight, fast enough that on impact, another vehicle Page 14 Page 16 t I A. She was in the right hand turn lane and I I sailed over the median. 2 could see her out of the side of my vision, the right 2 Q. You said that the Bvw,was in the left turn 3side of my peripheral vision. 3 lane. What street was the Bmw on? 4 Q. Is that intersection controlled by a traffic A. The B v W was going northbound on South 5 signal? 5 California. 6 A. Yes, it is. 6 Q. Is there more than one left turn lane? 7 Q. Is there a tarn, a right turn arrow? 7 A. I don't believe so. I may be wrong, but I 8 A. No, there is not. 8 don't believe so. 9 Q. Now, you said that there was no traffic. 9 Q. So, where was the Lexus SUV° I0 A. No, IC A. It was corning northbound on South California, i I Q. When you say no traffic, does that mean I I going to tum into the left hand turn lane behind the 12 traffic on South California? 12 Bmw She also had no idea. 13 A. Yes. i 3 Q. Had you seen the white truck before it !4 Q. It was a clear intersection. 14 entered the intersection? 15 A. Yes, 15 A. No. 16 Q. When you first noticed -- Let me clarify. i 16 Q. Did you observe your light change from red to 17 When vou'talk about Jackie, you are referring to 17 green? 18 Jacqueline Heim; correct? is A. Yes. 19 A. Yes. 19 Q. When did that occur in relation to the 20 Q. When you first saw her car, or her vehicle, 20 accident? 21 how many vehicles were in front of her? 2I A. About a heartbeat after the accident, quick 22 A. Thee n^av have been one or two because I was 22 enough to where I could get through the intersection, 23 second in my lane and she came up from behind. ;11, pull over, turn my emergency lights on and go to 24 Q. So,you saw Jackie's vehicle scooting up. 24 Jackie's car. 25 A. Yes. 25 There was a gentleman who had come over from the DIABLO VALLEY REPORTING SERVICES - (925) 930-7388 Page 13 W Pane 16 DEPOSMON OF PATTY BAR TZI Condenseltl T' October 8, 2004 Page 17, Page 19 1 construction site where the condominium building is on i 1 her chin and she started to climb out and I asked, 2 the corner of Olympic and South California and he helped 2 because she was elderly, if she had glasses,we need to 3 the lady in the Buw and there was a pedestrian who carne 3 look for them if they had come off in the accident and 4 to help the lady in the Lexus. 4 if she needed me to get her purse. 5 Q. Can you describe the gentleman who helped the 5 Q. What did she tell you about the glasses? 6 lady in the Buw? 6 A. She said she didn't need to get them. I 7 A. He may have been either an inspector or 7 truly don't know if she even wore glasses. 8 protect manager for the complex that was being built, 8 Q. Did Jackie say anything to you at the scene 9 perhaps the general contractor. 9 of the accident about the accident? 10 Q. Was he an elderly gentleman? 10 A. No, she was more worried about the other H A. I would say early to mid 50's. I I people in the other cars, and calling her husband, 12 Q. Did you get his name? 12 Q. I believe you mentioned that the woman in the 13 A. No, I did not. 13 Bute,who I'm going to represent to you is the plaintiff 14 Q. Did you speak with him at the accident scene? 14 in this lawsuit,her name is Isabelita Puruganan. 15 A. No,I did not. 15 Maybe we can refer to her by her name, but I believe 16 Q. Have you ever spoken with that gentleman? 16 that you said that she was leaning against the lamp post `? A. No I have not. 117 until the police and ambulance arrived. is Q. Did you speak with the lady in the Buw at the is A. Yes. 19 accident scene? jig Q. Do you know who called the police or the 20 A. No, she was injured,no. 20 ambulance? 21 Q. How could you tell she was it it red? 21 A. I may have, but I don't remember, because I 22 A. She didn't get out of the vehicle. Frankly, 22 carry my cell phone next to me in my car so that if my 23 she couldn't because her door was squished in. The way 23 husband or my children ever call and need me, I'm not 24 she was holding herself and I believe she was leaning up 24 digging around and causing my own accident, so I keep it 25 against a lamp post until the police came and then an 25 in hand,but I wouldn't be surprised if there were many Page 18 1 Page 20 1 ambulance arrived. 1 others that did, too, 2 Q. Didyou ever learn the name of the lady in 2 Q. Did you speakk to the police,the police who 3 the B w? 3 came to the accident? 4 A. No, I did not. 4 A. Yes, I did. I spoke to an officer. 5 Q. Did you speak at the time of the accident or 5 Q. NVhat did you tell the police officer`' 6 right there shortly following the accident with the 6 A. Pretty much what I just explained to you. 7 pedestrian who helped the woman in the Lexus? 7 Q. So, you described what you saw. s A. No, I don't remember talking to anyone. I 8 A. I described what I saw, 9 didn't even talk to the lady in the Lexus. I just 9 Q. Do you know the name of the officer you spoke io overheard her talking to her girlfriend that had come 10 to? I I out of Andronico's where she had dropped her off and I i A. No, I do not. 12 then was coming around the block. 12 Q. Did you speak with any of the ambulance 13 Q. Now, you said you went over and spoke with 13 personnel? 14 Jackie. 14 A. No, I did not. I stayed back. i 5 A. Yes, I helped Jackie. 15 Q. Did you at the scene of the accident, speak 16 Q. How'did you help Jackie? 16 with the driver of the white truck? I7 A. First, I didn't know, I couldn't see inside 17 A. No, I did not. 18 the vehicle. She had, I believe she had tinted windows 18 Q. Did you ever learn the name of the driver of 19 in addition to her air bags being deployed. ,19 the white truck? 20 Q. So, after you tried to look in'the windows, 20 A. No, I did not, 2i what did you. do? 21 Q. Do you know whether that person was a male or 22 A. I opened the door and this head peaked out 22 a female.? 23 underneath the side air bags and looked at me and she 23 A. It was a female. 24 looked stunned. I asked her if she's okay because she 24 Q. I believe that you said that Ms. Puruganan 25 has a very deep scratch on her arm and she had one on 25 was not able to get out of her car initially because the DIABLO VALLEY REPOR'TI`NG SERVICES - (925) 930-7388 Pipe 17 - Page 20 DEPOSITION OF PATTY BARTZI Condenseltt October 8, 2004 Page 211, Page 22 I door was squished. 1 of the collision report. 2 A. Where the seam is on the driver's side door 2 A. I have the typed portion of the report. 3 and the side quarter panel meet, is pretty much where 3 Q. So, starting with .Page Ery 4 the white tuck had hit her. 4 A. Yes, if that's six. Yes, it is, 6 of 12. 5 Q. Did you observe any other damage to the 9:b1w? 5 Q. Do you have all of the rest of the typed 6 A. No. 6 pages? 7 Q. Did you observe damage to the Jeep Cherokee? 7 A. Yes, I do. 8 A. No, I believe it may have been brand new, in 8 Q. Was there anything in the police report that 9 addition to the Lexus. 9 you read that you didn't think was accurate? 10 Q. Did you observe damage to either the Lexus or 10 A. Yes. I I the white truck? 11 Q, What was that? 12 A. The white truck was a county truck, so it had 12 A. Is Jensen the county truck or the Lexus? 13 been well used, but I couldn't see any large dents or 13 Q. According to the first page of the traffic 14 anything like that and the Lexus,if not brand new,was 14 report, Jensen was in the G fc Sonoma owned by the 15 relatively new. 15 county. 16 Q. Since the time of the accident,have you 16 A. Okay. I think Witness I on Page 10, bottom 17 spoken with Jackie? 17 of the page: "Gentleman said he had no idea where red 1s A. Yes, I have. She came to my office. 18 St,T'had been prior to collision and was unsure which 19 Q. Why did she come to your office? 119 direction it had been. Was adamant that the white truck 20 A. She came to my office to ask if I would be 20 had come from Olympic Boulevard and not from his 21 able to assist her in giving a statement in regard to 121 direction of South California Boulevard." 22 what happened in the accident because the DMV had pulled 22 Based on the impact that caused Jackie to sail (� 23 her license. there ! 23 over that median and strike the other vehicle, 24 Q. Did you give her a statement? 24 wouldn't have been enough speed if they were turning 25 A. Yes, I dial. I gave it to her attorney at 25 left from another street on to South California for that Page 22 Page 24 1 that time. 1 in-ipact to occur,let alone how do you turn left and.make 2 Q. Do you recall about when that conversation 2 a wider turn so you can hit a B.:,iw in the left turn lane? 3 with.Jackie was,either tt:e month and year or how long 3 How did you come from a turn.hit somebody and be 4 after the accident? 4 able to turn quick enough to hit that person that is in 5 A. Maybe a couple of months, I don't remember 5 the crosswalk in the spot where the s�,iw was hit? 6 exactly,but it was a couple months after because I kept 6 Q. If I'm understanding you cor-ectly,you ' 7 wondering hesv everyone had turned out from it because it 7 disagree that the white truck had come from Olympic 8 was such a fluke thing,and if she was okay, especially 8 Boulevard. 9 the lady in the BN4,v. I would say she took the hardest 9 A. Yes, I disagree with that. 10 part of it. 10 Q. Okay. 11 Q. Since the accident, as far as you know,have 11 A. The officer,on Page 11, says'Vrtness?, 12 you spoken with the lady in the Bmw? 12 which is myself, he did not list everything that I told 13 A. No, 13 him that had happened. 14 Q. Have you spoken with any of the drivers, the 14 Also, I did not tell him that the white truck was :5 other drivers of the vehicles involved in the accident? 15 in a lane of oncoming traffic and hit the Bmw head on. 16 A. No,nor any of their representatives. 16 That would be obviously wrong because the Bmw was hit at 17 Q. Have you spoken with anyone who says that 17 an angle from the side. 18 they saw the accident? 1s Then what I also find interestint is that in the 19 A. No. }19 summary, the officer talks about what happened and 20 Q. Did the police contact you again? (213 autornatically assumes that Jensen,which is the ciw 21 A. No, 21 Sonoma, had the green light and that's not the case, and 22 Q. How did you come to see part of the traffic 22 I don't know if that is based on what the witnesses told 23 collision report? 23 him,what he concluded from viewing the position of the 24 A. Jackie`s previous attorney had sent it to me. 124 vehicle or if it was based on Jackie's age,to be very 25 Q. Now, you had said that you had only seen part 25 fmn'_k. DIABLO VALLEY REPORTING SERVICES - (925) 930-7388 Page 21 - Page 24 DEPOSITION OF PATTY* BAR.TZI Condenselt! October 8, 2004 Page 25 i Page 27 I Q. How old is Jackie; do you know? I vehicle, Mapped at a red light in the Number I through 2 A. I have no idea,late 60's,early 70's. 2 lane of eastbound Olympic at South California; is that 3 Q. On Page 12 under"Cause,"it says; "(Heim) 3 true? 4 was at fault for failing to stop at the red light on 4 A. Yes. 5 eastbound Olympic Boulevard." In your opinion, based on 5 Q. He indicates that you were stepped in the 6 what you saw, do you agree with that? 6 Number 1 position in the lane; is that true? 7 A. No, I disagree. 7 A. No, I was the second vehicle. No, it is not 8 Q. What do you believe was the cause of the 8 true. 9 accident"? 9 Q. Let me show you a picture of what we will 10 A. I believe that the cause of the accident was Io mark as Exhibit 2, if Counsel doesn't mind. 11 the GMC Sonoma tried to get through a very yellow to red I I MS.CROXALL: I don't mind. 12 light,perhaps because she was driving too fast,and 12 (Defendant's Exhibit 2 marked.) 13 wasn`t able to stop,figured she would be better to go 13 MR.O'DONNELL: Q.That is tie intersection of 14 through the intersection and that when Jackie stopped, 14 Olympic and South California. 15 looked to make sure it was clear and then pro=ded in is A. Yes. 16 her turn,that she couldn't see her and they hit. 16 Q. If I understand what we are looking at here, 17 Q. Could you actually see Jackie look? 17 is traffic on Olympic that is heading east. There is a i8 A. No,but I saw her car stop and what also is I8 right turn lane and then a middle through lane. 19 interesting, I work in that area and I walk around there 19 A. Yes. 20 and drive it all the time and when you are coming south 20 Q. And then two left tura lanes; is that 21 on South California,that part of the road has a curve 21 correct? 22 and it has a small incline up to that intersection and ('22 A. Yes. 23 if you were stopping,looking and then turning right, I 123 Q. If I were to draw a circle around this, the 24 don't know if you could see somebody there. (24 vehicle, would that be roughly vour position? 25 Q. You are turning right from Olympic Boulevard. 125 A. That would be my position. Page 26 Page 28 1 A. Yes. 1 Q. I'm going to put a red circle around that 2 Q, Did you know Jaqueline Heim prior to the 2 vehicle. Now,you also indicated ro the officer that 3 accident? 3 you had an unobstructed view of t e intersection at the 4 A, '.N1 o. 4 time; correct? i 5 MS.CRO ALU 1 don't think I have anymore 5 A. Yes. 6 questions. 6 Q. Do you recall at that time, as you are 7 EXAMINATION BY MR.OTONNELL 7 sitting there at the red light, how much time --Strike 8 MR.O'I70NNELL: Q.I'm Jim O'Donnell. 18 that. It says you had an unobstnuc.ed view which you 9 introduced myself before the deposition. I represent 9 agree with, Then the next thing you heard a loud 10 Ms. Pumganan. Where were you going at the time of the 110 noise. How much time elapsed bet veen when you carne to €I accident? I I a stop and when you heard the loud noise? 12 A. To work. 12 A. About a minute or two. 13 Q. So,you were going to be crossing over South 13 Q. Do you recall telling the of icer that you 14 California Boulevard on Olympic? 14 heard a loud noise? 15 A. Yes. 15 A. No. 16 Q. And then what was you planned route,you go 16 Q. As you sit here today,do you recall:hearing 17 across -- 17 a loud noise? 18 A. --at Olympic,end at Main Street. I turn 18 A. I'm sorry. Can you say that again? 19 left onto Main and teen I turn right onto tuft. Diablo, 19 Q. As you sit here today, do you recall hearing 20 cross Broadway and turn left into my parking lot. 20 a loud noise at the scene of the accident`? 21 Q. I want to tum your attention to Exhibit 1, 21 A. Initially or the accident? 22 which I think you have in front of you and Page 11, 22 Q. Initially. . 23 which has the statement that the officer wrote 23 A. €saw the GMC Sonoma and the Jeep hit. I saw 4 concerning his conversation with you. 24 the white truck, the Sonoma go into rhe wiw. 1 saw the 25 First,he indicated that you had been in your 25 Jeep sail over the median,hit the Lexus and come to a p DIABLO VALLEY REPORTING SERVICES - (925) 930-7388 Page 25 v Page 28 DEPOSITION OF PATTY BARTZI Cowden eft!Tm October 8, 2004 Page 29 Page 31 I rest across the lanes. I A. YCs. 2 Q. I understand that is your testimony. 2 Q. Now,the first time that you met Jackie was 3 A. Did I hear a noise at that time? 3 when you went up to her vehicle after the accident. 4 Q. Yes. 4 A. Yes. 5 A. Yes,but I also saw it. 5 Q. And did you exchange information with her at 6 Q. And you saw the white track at some point was 6 that time? 7 in the lane of oncoming traffic on northbound South 7 A. Right then? 8 California; correct? 8 Q. Yes. 9 A. No,the white truck never was in the apposite 9 A. No, I took her out of her car and pulled her 10 --The Genic was here. The B.mw is here. i o to the side to sew if she was okay. 1 I Q. Draw an"X" where the Bmw was. I I Q. And did you give her a card? 12 A. Here. The Sonoma comes south on South 12 A. I gave her my business card, yes. 13 California, through the intersection. They hit. She is 13 Q. And so the next time you saw Jackie after 14 --The Sonoira is directed over the median and hit the I4 this accident is when she came to your office to see if 15 BMW and Jackie is sent further down South California so 15 you would give a statement because the DMV had pulled 16 the white truck was never in the opposite, the oncoming 16 her license. 17 traffic. She never rested on this side. She was like 17 A. Yes. is this. 18 Q. Do you have a copy of that statement? 19 Q. You are saying that your recollection is that 19 A. Not with me, no. 20 the white truck was never into the northbound lanes of 120 Q. Do you have a copy at home? 21 South California. 21 A. I might. I have to look. I may have thrown 22 A. That's trt,.e. 22 it away, only because it's been so long since I gave I 23 Q. That's your recollection as you are sitting 23 that statement. I didn't think anything else was going 24 here today. 24 to come from it. 25 A. Yes;sir. 25 Q. Do you remember the name of the attorney that Page 30; Page 32 1 Q. 'Then Officer Donlea,,y's report indicates that 1 you gave the statement to? 2 you had not seen the white truck hit the red sT-v and by 2 A. No, I'm sorry, I don't. 3 "red suw,I think he is referring to the Jeep. 3 Q. Was it an attorney from the McNamara law 4 A. That's what he states. 4 firm? 5 Q. If Officer Donleavy on the stand said that 1 5 A. I don't believe so. 6 you said -- that your testimony is false, you never said 6 Q. Do you know whether Jacqueline Heim got her 7 that to him,you would disagree. 7 license back? ; 8 A. I would disagree. I know what I saw. I 8 A. I believe she did. I didn't hear anything 9 don't believe even at the date and time of the accident, 9 else, so I assumed that they would need no further 10 I don't believe that the officer was as thorough with 10 information from me. I hope she did. I I Jackie's statement as he could have been. 1I Q. Jacqueline's previous attorney had sent you 12 Q. So,when it says here that Partzi said she 12 this narrative report and you read the statement at the 13 had not seen the white truck hit the red suv, is it your 13 time; correct? 14 testimony that you never said that to Officer Donleavy? 114 A. Yes, sir. 15 A. Yes. 15 Q. And did you tell the attorney that this is 16 Q. And when it goes on to say that you told 16 not what you told the officer? 17 Officer Donleavy that you thought that the crash of the 17 A. Yes. 18 white truck into the Btti w had been the original collision 18 Q. Did you indicate that in your statement that 19 -- i9 that is not what you told the officer at the scene of 2v A. No, sir, that would have been obvious. 20 the accident? 21 Q. You see that he indicates that you told him 21 A. Without looking at the statement, truly I 22 that. 22 don't remember. 23 A. Yes, I see that. .23 Q. Do you recall what you said in the statement? 24 Q. But you are actually telling us you did not 24 A. The basics`' 25 say this to Officer Donleavy, 125 Q. Yes. DIABLO VALLEY REPORTING SERVICES - (925) 930-7388 Page 29 - Page 32 DEPOSITION OF PATTY BARTZI Condenselt! October 8, 2004 Page 33 Page 35 1 A. Yes, that I felt that the officer was wrong I A. Maybe a couple of minutes. 2 in assigning Jackie full responsibility for the 2 Q. Were you there while he was talking to 3 accident. 3 Jackie? 4 Q. As you were sitting thele on Olympic 4 A. Yes, I was sitting next to Jackie. 5 Boulevard waiting for the light to change,were you 5 Q. And what did Jackie say to Officer Donleavy? 6 doing anything; for instance were you talking on the 6 A. That I don't remember, 7 cell phone? 7 Q. Did Jackie seem confused as she was talking 8 A. No, sir. 8 to Officer Donleavy? 9 Q. Were you listening to the radio? 9 A. Jackie seemed stunned, so if that insinuates 10 A. Yes. 10 confusion,that's,however you want to read it,but she 11 Q. Did you have the windows up in your vehicle? 11 was stunned. I would have been stunned. i2 A. No, they were down part way. 12 Q. Do you know,or do you have any explanation 13 Q. There was nobody with you in the vehicle? 13 of why Officer Donleavy would have thought that you said 14 A. No,just myself. 114 to him that the crash,that you thought that the crash 15 Q. And I think you had indicated your testimony 15 into the a:,Iw was the original collision? 16 was that you saw Jackie's red vehicle coming up 16 A. No. 17 alongside your vehicle. 17 Q. Ms. Bartzi, would it be fair to say t.at your 18 A. Yes. 18 recollection concerning the facts of the accident would 19 Q. Did you tell that to Officer Donleavy? 19 be better at the time of the accident than they would be 20 A. No, I did not. 20 over a year after the accident has passed? f 21 Q- Why not? 2i A. I would say over the year, 1've had a lot of 22 A. He didn't ask. 22 time to think about this, especially after Jacke came 23 Q. And you said that you saw Jackie bring her 23 to me and asked if I would give a statement because the (( 24 vehicle to a stop. 24 D,--�1v had suspended her license. 25 A. Yes. 25 Q. You think your recollection about how the Page 34 Page 36 1 Q. At California. Did you tell that to Officer 1 accident happened is better today than it was at the 2 Donleavy? 1 2 scene of the accident? 3 A. No I did not. 1 3 A. Yes, I do. 4 Q. Do you have any idea how Officer Donleavy4 Q. And that is in big part from the fact tat 5 would be left with the impression that he thought that 5 Jackie came to you and asked for your assisr2nce to try 6 you had said that you had not seen the white truck hit 6 to get her DMV license reinstated? 7 Jackie's vehicle? 7 d A. No, because even after the accident occurred, 8 A. Ask that question again, please. 8 1 really thought about what happened,how it happened, 9 Q. Do you know why Officer Donleavy would be 9 where the initial, where everybody was in position prior 10 left with the impression that he thought that you had to to the accident, because 1 was concerned that something 1 i said to him that you had not seen the white truck hit 11 like this would happen because there were so many people 12 Jackie's red vehicle? 12 involved and because people were hurt. I figured that, 13 A. Truly, I don't know. 13 1 work for an insurance company, I figured there was i4 Q. Was there anything about Officer Donleavy 14 going to be a lawsuit. It was just understood, so 1 15 that you thought was unusual? Did he seem to be j 15 wanted to get it clear in my mind exactly what happened, 16 disoriented or intoxicated? 16 and the events, if it ever came up, a situation like III A. No, he was not. However, again, I don't 117 this. 18 believe he gave enough attention and time to Jackie and !18 Q. The statement that was provided to the ; 19 her statement. I felt that he blew her off. 19 attorney was your understanding that was going to be 30 Q. Why did you feel that? 20 going to the bvty. "i A. I thought that he was impersonal. 21 A. Yes, they had a hearing, I believe. 22 Q. How much time did he spend talking;to you? 22 Q. Did you appear at that hearing? 23 A. Couple of minuted 23 A. No, i did not. I could not. _4 Q. How much time did he spend talking to Jackie; 24 Q. Was it the attorney's office that typed an X25 if yoga know? �25 the statement for you? DIABLO VALLEY REPORTING SERVICES - (925) 930-7388 Page 33 - ,Page 36 DEPOSITION OF PATTY BARTZI Condcnsel0 October 8, 2004 Page 37 Page 39 1 A. I',gave it over the phone. They typed it up. 1 the accident occurred, I pulled over. I stopped. I got 2 They sent it to toe. I read it, verified that everything 2 out of my car. The gentleman that was on the comer 3 on there was true and then I signed it and I sent it 3 said "I'll get the BMW;,and I said "I'll get the Jeep." 4 back to them. 4 That was the only person that I spoke to. 5 Q. And you think you might have a copy of that 5 Q. Was the woman that was in the BMW,was she 6 statement? 6 taken away by ambulance? 7 A. I might. I might have it at home. If not, 7 A. Yes, she was. 8 it mightbein the dead file at work and I'll look to 8 Q. And you were able to observe her until she 9 see. I would be happy to give you a copy of it. 9 was taken away by ambulance? 10 Q. That would be great if you could do that. 10 A. Yes. 11 A. If I can't find it, I'll call you and let you 11 Q. Did she appear to be visibly in pain? 12 know,either way. 12 A. She was hurt, yes, but she wasn't sitting on 13 Q. Fair enough. So, do you recall by "this 13 the curb, or laying on the curb. She was hurt. There 14 attorney," when,Jackie came in first? 14 was no doubt about that, but I think at that time she 15 A. Yes. t5 was also stunned as well, and her pain probably didn't 16 Q. She informed you that her license had been 16 show up quite as much until perhaps later that day or 17 revoked? 17 the neat day. I'm sure she was hurt, hurting really 18 A. Yes. (t 8 bad. 19 Q. And she was asking for your help so that she 19 Q. You indicated you saw the impact between the 20 could try to get her license back. 120 track and the BMW. 21 A. Yes, 21 A, Yes. 22 Q. Did she talk to you about the hardship she 22 Q. Was it a significant impact? 23 was having without her license? 23 A. Oh,yes. Imagine hitting something and 24 A. She said -- The only thing that she said was 24 hitting so hard that both are deflected into the 25 that she didn't feel it was fair because she had had a 25 opposite direction, almost like a bullet and the first Page 38 Pace 4J 1 clean driving record, perfect driving record. She's t thing to stop it is the w\4w. 2 only had one accident her whole life and that she felt 2 They took everything,she took the full impact. 3 that they pulled it because of her age. 3 Q. Did it physically move the BMW,the- 4 he4 Q. Did she say anything else to you at the time? C 4 collision? 5 A. No. 5 A. I don't Know if it moved it from the spot, C 6 Q. Did she indicate to you or did she ask your 6 bur it rocked it. It hit her hard. 7 permission to have her attorney give you a call? 7 Q. So,just from a purely factual standpoint 8 A. Yes, and I said okay. 8 from what you could actually see,you were in the 9 Q. After that the attorney called. 9 through lane on tJlympic Boulevard. You had a red light. 10 A. Yes, sir. 10 You saw Jackie come up in the right hand tum lane. She 11 Q. They took your statement over the phone and ill had a red light and she came to a stop. 12 then they sent you a copy of your statement that you 12 A. Yes. 13 then signed and returned to the attorney. �13 Q. And then she went out into the intersection 14 A. Yes. 14 and that's when the white truck and Jackie's vehicle 15 Q. Do you recall when that was? 15 collided at that point. 16 A. No, I'm sorry, I don't. It was some months, 16 A. Yes, and then they both split off. t7 I would have to say earlier in the year. 17 MR.O'oONNETv1-: That's all I have. 18 Q. Other than Jackie and the officers at the 18 Ms.CROXA?t.: t don't have anything further. 9 scene of the accident, did you talk to anybody else at 19 ('l`i`re deposition concluded at 10:50 a.m.) 20 the scene of the accident? 20 21 A, No,I did not. 21 22 Q. After the accident, other than Jackie and the 22 A=a axi 23 attorney for Jackie helping her in her DMV situation, 23 ?a►► N,did you talk to anybody about this accident? 24 25 A. No, I would like to clarify something. After 25 DIABLO VALLEY REPORTING SERVICES - (925) 930-7388' Page 37 - Page 40 DEPOSITION OF PATTY BARTZI Conden elt!TV October 8, 2004 Page 41 57A'M OF CAUFORNTA } 1 } ss. Deposition of PATTY BARTZt-October 8,2044 2 COUIN71`4'OF NAPA } 3 4 I, LESLEE A.KELLEY,Certified Shorthand 5 Reporrter, Certificate Number 8306, in the State of 6 California.,do hereby certify: 7 That PAM BARrZI,in the foregoing deposition E named, was present and by me sworn as a witness in the 9 above-entitled action at the time and place therein 10 specified; 11 That said deposition was taken before me at 12 said time and place,and was taken down in shorthand by 13 me,a Certified Shorthand Reporter of the State of 14 California,and was thereafter transcribed into 15 t rpewriting, and that the foregoing transcript 16 constitutes a full,true and correct report of said 17 deposition and of the proceedings which took place; 18 That I am a disinterested person to the said 19 action. j 20 r.,,WITNESS WHEREOF,I have hereunder 21 subscribed my name this 8th day of October, 2004. 22 23 24 LESLEE&KELLEY,CSR#8366 25 State of California EE Page 42 I D,:ASLO VALLEY R$PflRTTS0 SERV^CES Ccmfied Shorthand Reparters 2 2i 21 N.California Blvd.,Suit(-310 Walnut Gee's,California 94596 3 Phonc:(925)930-7388 4 oc:ober 11,2006 5 MA,Parry Bartz? c./d,James S.O'Donnell,Esq, 6 Law offices of o'Donnell&Suitt[ 339 Lmnoa Lane,Suite 10, 7 ti:ainu:Cleric,California 94598 8 RE: PURUGANAN vs.HEN,et al 9 Dear vm Bartz;! 10 i ais is:o inform you that your deposition � { conducted on October 8,2004,has been transcribed into 11 booklet form. You have the;°ea to review and sign the transcript of your Wd rnony to insure that it is true 12 aad orrcct if you wish w avail yourse€fof this opt�o'tt.,ty,the original transcript of your dapositicn z snag be held in our offices for your review£or not =Crc than 36 days,or you may choose to read your 14 course!'s copy of the transcript and provide your corrcc;io:s to us via Certified Mail. =c Lr you choose to wane to our office,it would be :6 'best to call our office before vour arrival so that the tr..nscript can be readily available. 1- If you do not sign your deposition,please be 18 advised drat it may be used at the time of trial with t4:sa-me-ore and effect as though it had been signed. i9 I you should have anyucstiora regarding this 10 ilio-at on,please do telephone our staff to assist 401:. �i - very truly yours, .rr =a Lcslec A.Kelley CSR,No,8336 A::Co"sci DIABLO VALLEY REPORTING SERVICES - (925) 930-7388 Page 41 - Page 0 EXHIBIT .643ft _ _. _. _ . r a •. t- t� Y \lC,Jt.ssTso^L]iitr r'e.�trt '�� ���Q AA G � F t H 3 "L L.YWAi:n,sCir., YF�*t36r} a s t:i..til j:fdCCttt tfiLimfftl rt3 ti1ap3'31 c t C' VIA FACSIMILE ,t9`:i:�Cli.': t112:Lf}y:li•.1C3 _ �s�•��k a ujfcl ?Klfmbcr: 813,0 3--rj j3 I eat M's. Purid-zn: :!1: t R'c fiiC:l t: ;li�i:h i UU to!,Llr 1111:c lt•tr �:� �,: t''iSL.:3:s(10r: Oil (A), A I ill3ft 6 l ..� ad\'ised you,that Your vehicle aas a ratal loss. "i`F:e C\' 1: w �� = r, tel:;clci c1le sa . �L�:t- :i 3 tl, {l: t y �rn:paring i t t rc:ur ,� �3�11t" �h i►re rnryear, rrtik,• ii l,: rrc� lc' .. t F tr` o r, et;'LLl`C•t;i•;`LC, mileage:i Pi L'1 tv?l:!iriGCi co pur \rhfcto The lctluari-i2 4i vclur V-Mile i5 .'-,."30"' 1tom!@ SE'ttl�ttiPilC ttti c FJit•Ylk'tit!L'L'.3 1': as f:)NO"vs. _ 1-Ish VAU, i S'U3 S...les Tax Cit) plus lr.2teme an(I ir!e F" +jTotal Arnounc Owed co yi�,u L�'SS 1✓CCIISCi?ll:�f� yt:�3l:i fJE:' •`JC.i(�.t.+l� • . 3 �'•'•!'' "ri �t15ilY�tiCi �YGl1s1li�Te }`itrE`,:.� Zil ice^ i Ymf';'.'ic: t'?fLlrivll. 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F irt;,�•rt f,Z1tST,li�,:�• l:�ti`li:;tl�;t� =s, tt r�cMXz s EXHIBIT 2 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA CQUl LTY BOARD ACTION: NOVEMBER 30, 2004 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references: e, r„ The copy of this document wiled to you is your California Government Cosies. ` ; '`;'` r', t r r M „m }, notice of the action taken on your claim by the Ij Board of Supervisors,(Paragraph IV below), given ? .? ; " Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings" AMOUNT: 'In excess of $25, : JUftISDITIONAL LIMIT OF THE CLAIMANT: UNLIMITED SUPERIOR COURT --ISABELITA PURUOANAN ATTORNEY: ,JAMES J. O'DONNELL DATE RECEIVED: OCTOBER 28, 2004 ADDRESS: O'DONNELL & SMITH BY DELIVERY TO CLERK.ON: OCTOBER 28, 2004 309 LENNON LANE #IOI. WALNUT CREEK, CA 94598 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Maim. JOHN SWE Jerk Dated: OCTOBER 28, 20704 By: Deputy IL FROM: County Counsel TO, Clerk of the Board of Sup rviso i ( ) This claim complies substantially with Sections 910 and 91.0.2, t { } 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). {Maim is not timely riled, 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). ( ) Either: Dated: f {=' ' /C By: Deputy County Cvunse III. FROM: Clerk of the Beard TO: County Counsel (1) County Administrator(2) (rlClaim 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'co y py of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK,By , Deputy Clerk 117'A r)XTT'AV*N- The Board' of Supervisors Contra John sweeten &un Administration 130din Costa CleFk of the Board and ty � County Admirals rotor 0"51 Fine Street.Room 106 (925)335-1900 Martinez,California 94553-1293 County / int John Gioia,1st District L / Gayle S.Ullkema,2nd District Donna Gerber,3rd District - Mark DeSaulnler,4th District Federal Glover,5th District n TO: James J. O'Donnell O'Donnell & Smith 309 Lennon Lune, #101 Walnut Creek, CA 94598 RE: Claim of Isabelita Puruganan NOTICE.TO CLAIMANT (Of Late-Piled Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on October 28, 2004, has been reviewedby County Counsel and is being returned to you herewith because: X Your claim for an injury to person or personal property was not presented within six months of the event or occurrence as required' by law. (See Government Code sections 901 and 911.2) — Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 948.6) Under some James J. O'Donnell Re: Claim of Isabelita Puruganan Page Two circumstances leave to present a late claim will be granted. (See Government Code section 911.6) Date: OCTOBER 29, 2004 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: eputy Clerk Enclosure 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 copy of the above NOTICE TO CLAIMANT (OE LATE-FILED CLAIM), addressed to the claimant as shown above. Date: OCTOBER 29, 2004 Deputy Jerk I:\TOt27.R'SK-NIGT\C'LA',,MS\LATS\Puru6anati.%\g AMMED-CLAIM « + ROAM OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: DECEMBER 14,_2004 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: NUSHI DESANKA ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 24, 2004 ADDRESS: 160 FAIR OAFS DRIVE BY DELIVERY TO CLERK.ON:NOVEMBER 24, 2004 PLEASANT HILL, CA 94523 BY MAIL POSTMARKED: NOVEMBER 23, 2004 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE T lerk Dated: NOVEMBER 24, 2004 By: Deputy II. OM: County Counsel TO: Clerk of the Board of Supe isors ( "This claim complies substantially with Sections 910 and 910.2. t ( ) 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 Couns, 111. 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. B ARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date, .Dated: JOHN SWEETEN, CLERK, By4429==� , Deputy Clerk WARNING(Gov. codes tion 91 ) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposit, 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 l8; and that today I deposited in the United States Postal Service in Martinez, California,postage full prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: GC.-_ JOAN SWEETEN, CLERK.By Deputy Clei Desanka Nushi RECEIVED 160 Fair Oaks Drive Pleasant Hill, CA 94523 NOV 2 4 2004 November 212004 't�] [} t[//}}��yy( Cf=SUP=RYFl7V(l�J The Board of Supervisors CONTRA COSTA COUNTY County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553-1293 Dear Mr. Sweeten. Please review the enclosed claim. I believe it was denied in error. The letter I received from you says that this claim was not presented within six months. The claim was, however send within that time. Mrs. Nushi felt on May 10, but complication's started alter her surgery on Jun 09 200 Copies of my original claim and letter of denial are enclosed. Thank you for your cooperation in looking into this matter Dijana Berisha The Board of SupervisorsjVi {L�GI John Sweeten Clerk of the Board Costa and County Administration BuildingCounty Administrate 651 Pine Street,Boom 106 (925)338-1940 Martinez,California 94553-1293 County n John Giols,1 st District 11L.t t Gayle B.Ulikema,2nd District Donna Gerber,3rd District '' Nark DeSauinler,4th District Federal Glover,5th District { TO: Nushi Desanka 160 Fair Oaks Drive Pleasant Hill, CA 94523 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Centra Costa County, California, as governing body of the County of Contra Costa on November.15, 2004, has been reviewed by County Counsel and is being returned to you herewith because: X Your claim for an injury to person or personal property was not presented within six months df the event or occurrence as required by law. (See Government Code sections 901 and 911.2) — Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 945.6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911.6) Nushi Desanka Re: Claim of Nushi Desanka Page Two You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Date: -NOVEMBER 17, 2004 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: A�� De uty Clerff Enclosure 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 copy of the above NOTICE TO CLAIMANT (OF LATE-FILED CLAIM), addressed to the claimant as sl-wn above. Date: NOVDSER 17, 2004 Dep Clerk l:NTOR,RISK-MGT;CLAIMS\LATEkSYsanka.dvpd 11Y5�Kil1C,1 tVtxi,� t tt t,..�xttzra.rxs x a A. A claim relating to a cause of action for death or for injury to person or to personal property or growing craps shall be presenter) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims mast be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claire 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. sssrsssrssssrsas■rssssrssrrsssssssssrrssssssrsssssrssssssssasssssssras08380No01 RE: Claire By: Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa or } � N�V CL ,� 5 �Q�� (Fill in the name) ) coWoow A CP � The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact elate and hour) is 1k ,Z0,0"M 2. Where did the damage or injury occur? (Include city and county) 3. How diel the damage or injury occur? Give full details;use extra paper if required) 4. What particular act or omission on the art of coup or d ct offic rs s ants or employees caused the injury or damage? *J7 �Z::"k4 �e s c. 2 _ ZSLk i h v� ;rte Svc�• e t [ c3 s�yrg 5 What are the names of county or district officers, serAnts, or employees causing the , �'� darnage or injury? ���, � 6. What damage or injuries do your claim resulted? (Give full extent of injuries r damages claimed. Attach two estimates for auto damage.) vjn.�.sk �S �i 5o��- , 3 +^1, 7. Hove was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT w ase■ssr■eansasssseawas•saasaasssssssaan■sseassesaasesssassssasaasssa■aaasseeasssa*I Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf" SEND NOTICES TO:-(Attorney) ) Name and address of Attorney (Claimant's Signature) ) (.Address) Telephone No. )Telephone No. } &5— 1a reeeaeeeasssssseeaeeesaesssa:saasssassarsssssss:sssisea**asarsaaasaaaNoun asaarassaaal PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public }records Act. (Gov. Code, §5 6500 et seq.) Furthermore, any attachments,addendums,or supplements attached to the claim form, including medical records, are also subject to public disclosure. asacresss■ssass■■a asesawsresaaaeasssaess•errraaesssss■rraeseessearaassssenun easessss1 NOTICE: Section 72 of the Penal Cade provides. Every person who, with intent to defraud, presents for allowance or for payment to any state board or 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 dollars ($1,000.00), or by both sucl, imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by bath such imprisonment and line. My mother,Desanka Nushi, fell over on May I Oth 2004 at about 4:00 am while getting back to her bedroom after using the bathroom. My brother took her to the Emergency roam:at Contra Costa Regional Medical Center. They took an XR and told her that she broke her wrist and made an appointment for the orthopedic chic to decide if she needed to have surgery, or just have her arm put in a cast. In the end they decided to put her arm in a'splint and send her home until she got to see the Orthopedist. On May 12th she saw Dr. Appel at County hospital. Auer looking at her XR he suggested putting,her wrist in the cast and avoiding surgery. We went then to the cast- room when technician put on the carat. When I suggested that it looked to be set in an odd position, he assured me that it was"on the right way". A week latex'on May 19th we went back to ortho clinic. After hawing hard time to find previous XR Dr. Appel told us that she is goring to nerd surgery and he will talk to other Dr. that does the surgeries. After a while Dr. Singer came in and told us than her bane is one inch higher than when she broke it and she scheduled the surgery for May 24th. Dr. 'Singer was very short on answering our questions and we:rrrt back and forth three times because she sad she doesn't have time to wait while I translate everything to my mother. Her pre-op was on May 217th and when lir. Diaz saw that she has angina pectoris she called her primary care provider,Dr. Saft`ier, who didn't want her to have surgery before she did a stress test with injection. Then what made us very upset regarding test, she was not scheduled until May 27th and 28th and therefore she had to keep herr arm in a cast all than time,with all that pain. Finally, she saw Dr. Singer on Jun 3rd and was then scheduled for surgery on Jun 8a'. Then later that day they called me to let me know that surgery is moved to Jun 9th. Next morning after surgery she was complaining of pain and her arm was very swollen and had blister's right under the splint. I took herr to E.R_ and they told us that she has an infection and gave her antibiotics. Every day her arm was hurting a lot, it was very swollen and changing colors.from white, red and blue and the blisters were still there. She couldn't move her thumb and two middle fingers. On Jun 17th we saw Dr. Singer. She burst the blisters and told as that this isn't infection. When we asked why she was taking antibiotics, she said fon-precaution. During the weekeM she was crying from the pain. Her arm was all the titne swollen and changing colors on an off. On Monday Jun 21st I took her to the Pittsburg chic to see Dr. Sinn again,but she told us that everything looked normal, and we "must be patient". When Dr. Singer took off the splint, my m©m told her she had pain when she moves her thins and two middle fingers, she told herr not to move them and that it is tors early to send here for therapy. Can Jun 24 we saw her again and told her that so `ng must be wrong since it is hutting so much, and asked for another Xg. When Dr. Singer checked the XR, she said everything was OK, We wm getting more and more frustrated as were seeing Dr. Singer twice a week all this time and no one wanted to accept than something was wrong. Her arm was getting in a very odd position turning,in and still very Swollen and changing colors. We were at the clinic on Jun 29, and again she:told us we have:to"be patient'° this is all from the trauma of the fall, and from surgery, and will take time to heal. We didn't believe that becauw who ever saw arm was going uuul'r... something is wrong, even nurses at the clinic. At that tune she gave her appointment in a month,which was July 22nd. Meanwhile she was in a lot of pain and her arm was still very swollen and each day bring more odd. I tookher to see Dr. gaffer her PCP who also told as that we;need to wait. When we saw Dr. Singer again on July 22d, she told as that she probably is going to nil another surgery but we have to wait and see if there will be any changer and she gave as follow up pt.with her on September Sth. By this point e were very upset and went to see Patient Ambadsment at RegionAl Medical Center where hiss Ochoa was very polite and tried to help us.Next day I received call from.Contra Costa Health Plan nurse and she offered us to go for second opinion, and gave as a time and date to go and see Dr. Michael Jaffn in Antioch. We save Dr. Jaffin on August 6th and took the Wit.with us. After he looked at XX and her arm he took another XR.and told as that she has disintegration and that she is going to need'another surgery. My quests is,why could Dr. Singer not see thin when even we could see this on the XR and"just by looking at the way am was falling down?' On Monday at 7:00 am I called for an appointment and was able to get one at the Pittsburg clinic for 10:00 am. Wben Dr. Singer saw us in the hall she sad"'Phis is bad " I asked her if she knew that I asked for send opinion, and she told as that she was going to ae it. I showed her a cry of the report from Dr. Jin and she did not make any comment on that- She told as that she is going to refer my mother to a hand specialist and made~the appointment for September lath. After we expressed concern that it was fsr away,we got the answer that it was the first appointment tl y could give as. My:rather had questions about pain on her grain and asked could this be from hip pain that she has been having since her hip replacement, :and she said that she did not have time to deal with that,ark that we we lie because of arm! Dr. Singer was very rude and abrupt as she:always had been with us;right from the very beginning Dr. Singer's attitude was very bad. The next day I Willed again to the CCB'nurse and asked if she could got an earlier appointment, but unfortunately she was not able to, ung the time we were waiting for the appointment with Ir. SWia, my mother was and terrible physical and emotional pain. At the appointment on September I0,,Dr. Sirtha told as that she has Reflex of Sympathetic Dystrophy and that her bone is"washed out". When I asked what this means, her explained that if the bone is not in the correct place, it doesn't have any rale therefore is"washing otn—. After lots of questions he told as that he couldn't give us answers on all the why questions we have, but he can tell as what he can do now. First she needs to go to occupational therapy to get strength and movement bark on her verist and fingers and in two or threw months have anther surgery. She then started O.'Th.twice a week. Ron was great at taring to help, but therapy was very limited since he coAln't work much on her wrist because it was very painful, and he could see the screw ming out. On her next appte with Dr Sinha on October 19*, he suggested surgery►and said that"her arm is salvage and he will try to nave what's left." First option is to remove the plate and wrewvs,align the hone,put it in the cast and hope she will be lucky enough to have all range of movement back. If this doesn't work she will have to have another surgery where he would put a plate and screws across her wrist and SIRE'V OMT BE ABLE EVE TO MOVE BSER ARm Up AND DOWN OR TO THE SIDE. My question is why this has had to happen, when from the beginning surgery wasn't option? Her surgery is on November 15 and novo she isn't sleeping at all, thinking is she going to be disabled for the rest of her life. We need to knew why this has happened and gone on for so long. Tins has been a very stressful time for my mother and all of our family, especially since this has been going on for 6 months. We fuel we are getting no where, and that none,of the Doctors seem to care. We are all finding it very difficult to deal with this very painful, emotional and physical issue. Dijana Berisha. J 0.q,{ \f 1 r} f Desanka Nushi E a j 161 Pair Oaks Drive Pleasant Hill, CA 94523O t,� 4 -2004 November 212004 The Board of Supervisors CONTRA COSTA COUNTY County Administration Building 651 Pine Street,Room 106 Martinez, CA 94553-1293 Dear Mr. Sweeten_ Please review the enclosed claim. I believe it was denied in error. The letter I received from you says that this claim was not presented within six months. The claim was, however send within that time. Mrs. Nushi felt on May 10, but complication's started after her surgery on:Tun 09 2€10 Copies of my original claim and letter of denial are enclosed. Thank you for your cooperation in looking into this matter I3ijana Berisha The Board of ;supervisorsCot� Joh aSweeten County Administration Building and Costa .'aunty A CodrninisRtatG 651 Pine Street,Roam#06 ,r*�r, (S25)335-"1900 Martinez,Ca ornia 94563-1293 # t "'- Jahn Grata,Is'District �.lt}► Gayle S.Ul#kerria;2nd District Donna Gasbag,3rd District Roark DeSautriler,4th District Federal Glover,6th District yp3y2xa{..yr-` 3 Jam; TO: Hush( Ue'sanka 160 Fair Oaks Drive Pleasant Hill, CA 94623 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Cash County, California, as governing body of the County of Contra Costa on November.l 6, 2004, has been reviewed by County Counsel and is beim returned to you herewith because: X Your claim for an injury to person or personal property was not presented within six months of the event or occurrence as required by law, (See Government Code sections 901 and 911.2 j _ Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claire. (See Government Code sections 911.4 to 912,2 and 946.6) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911.6) Nushi Desanka Re: Claim of Nushi Desanka Page Two You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Date: _NmMER, 17. 2004 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: De uty Cler Enclosure 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 thfe-United Mates Postal Service in Martinez, California, postage fully prepaid= a copy of the above NOTICE TO CLAIMANT (®F LATE-FILED CLAIM), addressed to the claimant as sl" wn above, Date. NOR�BM 17, 2004 , Dep*Clerk l:\TORr,RISK-SIGTiCLAIMS%:,ATE,Dcsanka.vvpd A. A claire relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 91 L'2.) B. Clams 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 9+5530 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. B. gaud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. ##t a t t u t a#a a####a t s a#####a####t a ago####a a#a#a a ousts■#a##a at##a a a a#!9i##a#!***us a f Claim Byo Reserved for Clerk's filing stamp Against the County of Contra Costa.or J NOV 1 5 2004 �rSY1E�� ild'� (Fill in the name) r� >��o�O EC OR . The undersi ed claimant hereby makes claim.against the County M Centra. Costa or the above-named district in the sum of$ and in support of this claire represents as follovrs: 1. When did the damage or.injury occur? (Give exact date and hour) 2. NVhere did the damage or injury occur? (Include city and county) 3. Hove did the damage or injury occur? (Give fall details, use extra paper if required) J V;o4' 4 r S-'T`".3{h v* `� 4. What particular act or omission on the part of county or dfitriet offi rs s s or employees caused the injury or damage's W.hat are the names of county or district officers' , sere ts, or employees causing the d � � damage or injury? g 6. )k7hat age or injuries do your claim resulted? (Give full extent of injuries r damages claimed. Attach two estimates for auto damage.) cam. VAI r tee. a a« vi i rte- �Ac, c& 7. How was the amount claimed above computed:' (Include the estimated amount of any prospective injury or damage.) 8. Fames and addresses of witnesses,doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: RATE TME AMOUNT aaaaaaaawave aaaaassaassaaaassaaaaaaaa8aamasarrar**a Gov. Cotte Sec. 910.2 provides"The claim shall be }signed by the claimant or by some person on his behalf." SEND NQTICES TO. Lttorne3 � Name and address of Attorney f ... IL (Claimant's Signature) } (Address) ° k , Telephone No. )T eiephone No. �LB�5-- ` a a was aaaaaraaasaaaa*as aaa anwo**aaaaasaaa*mass&ji�F*sonaasuisaaaaai "smass No*aaaaaaWON mass I PUBLIC RE-CORDS NOTICE: Please be advised that this claim fonts, or any claire filed with the County under the Tort Claims.Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, 55 6500 et sect.) Furthermore, any attachments, addendurm,or supplements attached to the claire form, including medical records, are also subject to public disclosure, itaaaaMaafaa9taaaaaaaaseems at6aitsaaaaaaaaaaaaaa=aaaaaMBaaaa•eea:asaraaaamaaasasa*!$aaaaaF NOTICE: Section 72 of the penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to aur state beard 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, car 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 dollars ($1,000.00), 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. �r. a ;� ire #e ' � � #< t #s # s �+► s '" ' ' .#. "# ♦ �i "� ��. i; it ti.' t�'. ,. .. .. + � 't * -! !- `i �4 �-f.. fir ,S -{ ��.. �:. f _ .. 4.-4 is .. � #f -;."f� !# if". ! `.' f 4 i .' i»+' 4'. �l..' _y!. +r ,. . Her arm was getting in a very odd position turning It'and still very swollen and changing colors. We were at the clinic on Dunn 25, and amt she told us we have to"be pent" this is all from the trauma of the fill,and from surgery, and*411 take time to heal. We didn't believe that because who ever saw arm was going uuuh... something is wrong, even nurses at the clinic. At that time she gave her appointment in a month,which was July 22nd. Meanwhile she was in a lot of pain and her awn was still very swollen and each day locking more odd. I took her to sm Dr. Safher her"who also told as that we need to wait. When we saw Dr. Singer again on July 224, she told as that she probably is going to need another surgery but we have to wait and see if there will be any change and she gave as follow up appt. with her on September 8th. By this point we were very upset and went to see Patient Ambadsment at Regional Medial Center where IWas Ochoa was very Polite and tried to help us.Next day I received call from Contra Costa Health plan nurse and she offered us to go for second opinion, and gave as a time and date to go and see lir.Michael.laf n in Antioch. We saw Dr. Jamin on August 6th and took.the XR with us. After he looked at XR and her am he took another XR and told as that she has disintegration and that she is going to need another surgery. My question is,why could Dr. Singer not am this,when even-Ae could seg this on the XR andjust by looking at the way arm was falling down1l On Monday at 7:00 am l called for an appointment and was,able to get one at the Pitt>sbtrg clinic for 10:00 am. When Dr. Singer saw us in the Insall she said"This is bad " I asked her if she knew that I asked for second opinion, and she told as that she was going to arrange it. I showed her a copy of the report from Dr. Jaffin and she did not make any comment on that. She told as that she is going to infer my mother to a hand specialist and made the appointment for September 14th. After we expressed concern that it was far away, we got the answer that it was the first appointment they old give as. My mother had questions about pain on her groin and asked coin this be from hip pain that she has been hag since her hip replacement,and she sari that she chid not have time to deal with that,and that we are here because of arm! Dr. Singer was very rude and abrupt as she always had been with us;right from the venr beginning Dr. Singer's attitude was very bad. The next clay I called again to the CCBP nurse and asked if she could get an earlier ap intment� but unfortunately she w not able to. During the time we were waiting for the appointment with Dr. Sinfia, my mother was and ten ble physical and emotional pain. At the appointment on September 14h,Dr. Sinha told as that she has Reflex of Sympathetic tic Dystrophy and that her bone i After lots of questions he told as tl t he couldn't give us answers on all the why questions we have,but he can tell as what he can do now. First she needs to go to oc,capationat therapy to get strength and movement back on her wrist and fingers and in two or three months have another surgery- She then.started 0-Th-twice a week. Ron was great at trying to help,but therm was very limited since he couldn't work much on her wrist be=se it was very painful, and he could we the screw popping out. on her neat appt.with Or Sinha on October 190', he suggested surgery and said that"her am is salvage and he will try to save what's eft." Fhv option is to remove the plate and screws, align the lone, put it in the oast and hope she will be lucky enough to have all range of movement back. If this don't work she will have to have c thea surgery where he would put a plate and screws aoa'oss her wrist and SHE WOVT BE ABLE EVER TO MOVE BE ARM UP AND DOWN tett TO T14E SIDE, My question is why this has had to happen, when from the beginning surgery wasn't option' Her surgery is on November 15 and now she isn't steeping at all,thinidng is she Ong to be disabled for the rest of her life. We need to know why this has happened and gone on for so long. This has been a very stressful time for my mother and all of our wily, especially since this has been going on for£a months. We feel we are getting€o where, and that none of the Doctors seem to care. We are all finding it very difficult to deal with this very painful,emotional and physical is _ Dijana Berisha.