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HomeMy WebLinkAboutMINUTES - 01132004 - C10 CLAIM BOARD OF SUPERVISORS CF CONTRA COSTA COUNTY 640 BOARD ACTION: JANUARY 13,_ 2004 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section referenges.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), give: Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: AMOUNT WITHIN THE "iSDt�"'IbN OF THE SUPERIOR COURT CLAIMANT: MOUNT DIABLO REGION YOUNG MEN'S CHRISTIAN ASSOCIATION ATTORNEY: BARBARA DUVAL JEWELL DATE RECEIVED: DECEMBER 08, 2003 ADDRESS: GAGEN, McCOY, McMAHON & ARMSTRONG BY DELIVERY TO CLERK.ON: pECEMBER O9, 2003 279liRONT STREET, P.O. BOX 218 BY MAIL POSTMARKED: DECEMBER 05, 2003 DANVILLE, CA 94526 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET 1 Dated. DECEMBER 09, 2003 By: Deputy. II. FROM: County Counsel TO: Clerk of the Board of Supervisors XThis claim complies substantially with Sections '910 and, .l0.2. { } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { } Claim is not timely filed. The 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: , 7 Deputy County Courts 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), IVV OARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. { } Other: I certify that this is a true and correct'copy of the Board's Order entered in its minutes for this date. Dated: v7ggZ HN SWEETEN, CLERK, By 1 , Deputy Clerk WARNING(Gov. code sect' n 911) Subject to certain exceptions, you have only six (6) months from the date this ndtice 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 full) prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. 01 Dated: ry " SWEETEN, CLERK By Deputy Clerk CLAIM AGAINST PUBLIC ENTITY D E 2093 [Gov. Code §§905, 905.2, 914, 910.2] Is o"rs TO: CONTRA COSTA COUNTY The Mount Diablo Region Young Men's Christian Association hereby makes claim against the County of Contra Costa for indemnity, and makes the following statements in support of its claim: 1. Claimant's post office address is 395 Civic Drive, Suite G, Pleasant Hill, CA 94523. 2. Notice concerning the claim should be sent to Barbara Duval Jewell, Gagen, McCoy, McMahon & Armstrong, 279 Front Street, P.O. Box 218, Danville, CA 94526. 3. The date and place of the occurrence giving rise to the claim is on or about December 14, 2002, at Alamo, California. 4. The circumstances giving rise to this claim are as follows: Claimant has been sued in a Superior Court lawsuit filed by Themis and Angela Loukos arising from property damage they sustained when a portion of their property was lost due to alleged landslide activity and other causes, all as is more particularly set forth in their First Amended Complaint. Attached hereto as Exhibit A is a copy of the Government Claim filed by the Loukos'. It is attached to provide further information regarding the matter. F:\CLMLA\35312\Claim-CCCounty.doe 1 5. Claimant contends that if it is found liable for the Loukos' damages, Claimant is entitled to indemnity or contribution based on alleged actions or failure to act by the County of Contra Costa. 6. The names of the public employees causing the injuries are unknown. 7. Claimant's claim as of the date of this claim is in an amount that would place it within the jurisdiction of the Superior Court. The claim is based on the Loukos' allegations of damages in excess of$10,000.00, and in an amount to be proved later. Dated: December , 2003 Gagen, cCoy, McMahon & Armstrong f Barbara Duval Jewell, on behalf of Claimant Mount Diablo Region Young Men's Christian Association F:\CLMLA\35312\Claim-CCCounty.doe 2 Received et: 1062AE, 5/13/2003 r.at 13 03 54 538 Lake $ 38t75F8 i7p.S ECEIVE QQ—VgLtNMENT.QW, M MAR 12 2003 Meme of Ctelrnant DANVILLE C17Y CLERK Mr. and Mrs.T Loukos Acidm"Clah arit 14 Sandra Court,Alamo,Califomis, 94507. Tel. 92"66,8853 I a i r aformation The claim is not filed on behalf of a minor The incident took place on or about December 1+4,2002 The dollar amount of the claim is in excess of$10,000 and in.accordance with provision of G6vemment Carie 910(f)the amount of the claim is not stated. The claim is not a limited cavil case The incident tarok place to the near of the property at 14 Sandra Court The preferred hearing location is Oakland Claims are being fried against the Department of Transportation (CalTr'ans),tate Town of Danville,Contra Ccs County, and the Public Facilities 'Corporation that Is Ov title holder to the land on which part,or all of,the slide occurred. -0ircumstancel 1h, to the damage+ The property in questlon, id Sandra Court(Property)abuts Sari Ramon Greek(Creel). On or about 14 December 2002,during a heavy rainstorm, part of the land to the east of the Property slid into the Creek temporarily damming it. A short while later the Creels overflowed this temporary darn and the resulting rL#sh of water removed a lot of the slide material and a significant amount of material from the Property. However,part of the slide mated Is still in the old bad of the Creels and the Creek now flaws about 50 feet to the west of its old oourse. I am infonned and believe that part of the land from which the slide camei Is now owned by the Danville YMCA(YMCA)and part of the land is owned by a Public Facilities Corporation(PFC). The land owned by the PFC was paid fear equally by the Town of Danville(Danville)and Contra Costs County. Some, or all, of this PFG land is commonly known as Hap Mcc'ee Paris(Park). I am further Informed and believe that the Contra Costa County,the PPC and Danville, and their agents, have unproved the land from which the slide carne, and this impnwament work was wholly or partially responsible for the slide. I am also Informed and believe that CalTrarrs Is responsible for the maintenance of the Creek in the area of the Property and that this maintenance work was wholly,or partially, responsible for the slide. I am further informed and believe that during the construction of Highway 880.including the construction of a sound wall in the ac, o v 0 Ln � M V7 =_ p U Ci 47 U U d Cly CV Z d 0 m 0 Z °a w c a a m H Ul O F N xj U N x 0 d Z ro 0 " o 0 a U La N h LL N 0 a Ud � a W L7 CLAIM `f * ROF C Tk2A C COUNT-- AE?ARD ACTIC}N• JANUARY 1.3, 2000 Claim Against the County, or District Governed by ) the Board..of Supervisors,Rooting 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 tho�aotion taken on your claim by the Board of Supervisors. (Paragraph IV below), giv Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $3,000-00 CLAIMANT: DIANE' LYNN'DARrONq ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 08, 200: ADDRESS: 2316 ORANGE STREET, BY DELIVERY TO CLERK ON: DECEMBER 09, 200: MARTINEZ, CA 94553 BY MAIL POSTMARKED: DECEMBER 05, 200: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOIN S WEETEX Clout-, Dated: pjEcEMgR 092003 By: Deputyi�g� I FROM: County Counsel TO: Clerk of the Board of Supervtoc,ra This claim complies substantially with Sections 910 and.�40.2. { ) This Claim FAILS to comply substantially with Sections 914 and 910.2, and we are so notifying claimant. The Board cannot act for IS days (Section 910.8), { } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning.of claimant's right to apply for leave to present a late claim(Section 911.3). { } Other: Dated:+ f L,, 24( B -; D uty County Cour' ISI, FROM: Clerk ofthe Board TO: County Counsel(1) County Administrator(2) ( } Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: { } This Claire is rejected in full. { } Other: I certify that this is a true and correct`copy of the Board's Order entered in its'minutes for this date. Dated. w 1-6 JO: N SWEETEN, CLERK,By , Deputy Clerk WARNING{Gov. code sect' 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 Ale a court action'on this claire, Sec 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, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage full prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:jtgeg=./4OHN SWEETEN,CLERK By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUMONS TO CLAS C 0 8 -2003 A. Claims relating to causes of action for death or for injury to ce�so or to per- Decebe " sonal property or growing crops and which accrue on or before must be presented not later than the 100th day after the accrual action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not Later than one year after the accrual of the cause of action. (Govt. Cade §91.1.2.) H. Claims must be filed with the Clerk of the Board of Supervisors at its office in Roam 106, County Administration Building, 651 Pine Street, Martine, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the nate of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By } Reserved for Clerk's filing stamp Against the County of Contra Costa or, District) Fill in name ) The undersigned claimant hereby. makes claim against the County of Contra Costa or the above--named District in the sutra of $ and in support of this claim represents -as fellows 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) Ow 3. Hoa did the damage or injury occur? (Give full details; mouse extra pier � o:.x,rz requp :,}�:5/•{ s r 1 `r�fc. +' 7. :5 S i ,fir , ' T[ s "+:o•% ",�✓' ° 1 i Y i� i � V �, J \ yR j E l � f^{ ,'�.,,5 :",te'`'a {3'"` ✓''., 'V;`, ,. -C. A 'aA'W- '?.- ''1 C: '., `'sf :C,.. f9 k a ', "`... tea..... r+r+-r�iwrC' `Lr � � Y i4,iy }1: �-N"• `:� 1� Y.iwrra. srr®rar.�..r+r+s � 4. What particular act or omission tori the part of county or district officers, servants or .employees caused. the.injury or damage? Vx� y. Wnat are the names of county or district officers, servants or employees causing the damage or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries-.or damages claimed. Attach two estimates for auto damage. !YS �Nv to°c;V- ( LES Hoer was the amount claimed above computed? ' (Include the estimated amount of any prospective injury or damageJ\ '%J $.r�Names and addresses of witnesses., doctors and hospitals t ., 9. List�the�expend itures you made on account of this accident or injury: DATE ITEM AMOUNT f Il JCJI__Zy ;j �: 0 Gov. Code Sec. '910:2 provides: "The claim must be signed by the claimant SND NOTICES T0: (Attorney) or some personon his.behalf." Name and Address of Attorney Claimant suture f ' Address .�,...�,.. -�... - r Telephone No. Telephone No. ' -7 N O T I C E 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•yeas': by a fine of not exceeding one thousand ($11000) 9 or by both such imprisonment and fine.,­or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars '($10,000t or by both such imprisonment and fine. STOPI* The following pages are medical records. Do not print or distribute without written consent from County Counsel. � • KAISER PERMANWE ;v �V 17 2003 f DIANE L DANTaxa Kaiser Foundation Health Pian,Inc. N Kaiser Foundation Hospitals y""10,341656, + The Permanente Medical Group,Inc. AUTHORIZATION FOR USE AND/OR DISCLOSURE OF MEMBER/PATIENT HEALTH INFORMATION IMPRINT AREA I understand that Kaiser Permanente will not condition treatmen#, paymen ,erirolimen#, or eligibility for benefits on my providing or refusing to provide this authorization. MUM hereby authorize NAME O"ffff PPff A N T-N r E v 17 2003 ADROAO R T 1 HE? . c A MEDICAL SECRETARY DEPT. CITY r• S k7 r ZIP to disclose to k N M E O I C A�'. S�C��'��n� NAMt OF Pq�-NT A ADDRESS J_ CITY STATE ZIP records and information pertaining to NAME OF PAnENT(LIST OTHER NAMES USED) MEDICAL RECORD NUMBER DATE OF BIRTH ADDRESS TELEPHONE NUMBER DURATION: This authorization shall become effective immediately and shall remain in affect for one year from the date of signature unless a different date is specified here DATE REVOCATION: This Authorization is also subject to written revocation by the member/patient at any time:The written revocation will be effective upon receipt,except to the extent that the disclosing party or others have acted in reliance upon this Authorization. I:EDISCLOSURE: I understand that the recipient may not lawfully further use or disclose the health information unless another authorization is obtained from me or unless such use or disclosure is specifically required or permitted by law. SPECIFY Check the box and initial to specify which type of information is to be disclosed. RECORDS: ❑ MEDICAL INFORMATION. ❑ PSYCHIATRIC INFORMATION INITIAL SIGNATURE DATE ❑ DRUG/ALCOHOL INFORMATION ❑ RESULTS OF AN HIV BLOOD TEST SIGNATURE DATE SIGNATURE DATE ❑ OTHER HEALTH INFO MATION. (specify below) pecif)r the records to be disclosed: r� � k c ? -� The recipient may use the health information authorized on this form for the following purposes. Date: Signature: If signed by other than member/patient, indicate relationship: 90258('REV.5.03)HIPAA COMPLIANT DISTRIBUTION:WHITE g CHART • CANARY-MEMBER/PATIENT FORM NOT TO BE USED FOR RESEARCH FOR SPANISH USE 01782-000.CHINESE 01782-002 . vn } �^'` { - A!#INOR.. 1NJtRY ? tn. y 6. L aA-VT� PH NE 1C7! 81tJYlL34r1* RRTO BE rINT COMPLETED 1;PEi NEN F. G64LrAis HISTORY: L.t lYO2V 6 CardiaC. {.. .. C! Setzt"re ed BP n Asthma/Emphysema 0 $troke sychiatric DoOlabetes. Q Tobacco u +a ' . DR14G A ERGs S: © NONE ! 0 tither, D.V. Last Tetanus: PATIENT NOT TO WRI'T'E BELOW THIS LINE ... STAFF:.. * APPLICABLE VIT L SIGNS � � 08 CTIV1 DAT BP _� P � R 46) T .L LMP G P A B__ --- 02 SAT PEAK PLOW WT Ag {LVN DISPOSITION: _0-15e in MiiC Ci Clinic Appointment: er: -_._--- TIME IN ROOMI.tNITiAI�s ! c A.m, ROOM NUMBERIt * P.M. 0 TIME SEEN SY M.D. Q A.M. 7 * P.M. 0 I NOTES.. . .. __..._ . . ............ S� if d ......... . _ _...... .. __... ............... :._ _.,w._ . . . . ASD . :: f _._: .t :: _:. ' _.._ ..........- _... . . .___.. __ __._w _._.� _ ...� .�.�.�- ..........._.. _ . l PHYSICIAN SIGNATURE S6 TIME OUTA.M, DISPOSITION REGULAR M.D. * P.M, ❑ !❑Nome 0"transfer to: 00269-001(REV.2-02) _ ,„ t i� t : ,t§ '.. f }.'_lyt yq�yt yY !q�r+:, i✓'+� - f ���.�.�z+� 5 �4 S r: tX.. 4 NOTES - continuedf f : _ .. •.. _...... _.......... .... ......_n..r .w... ,.... ..__. ....... __.... _ ...._ .. f ..... ._. _. .. . .. fx KLi!l g\gx [ �Y� .......... ....._... ._ ....... . _.... ........._, ... .......... .............._. § c► ..._..... . � .. , .rt £ .....:.. _ .__. .._....N: ...... _.:.. ..,yam:. .^T^� ... .......... _ .... ....... ..,..__........... _-.... ...� _ ........._ W..w .. .....+.' pj ...,, ... .. ...._.....z .....s ......... ...... ... .... ..... _..__....... .... ..... .. ....... ...-__. ........ ............... ...... .... ...... .......... .... _ THIS IS TO CERTIFY THAT 1/WE,THE UNDERSIGNED, CONSENT TO THE ADMINISTRATION OF ANY MEDICATIONS DECIDED TO BE NECESSARY FOR THE ABOVE PATIENT. DATE J SIGNATURE WITNESS SURGICAL CONSENT - - - I acknowledge that I have been advised by Dr, that I undergo the following procedure in the office € understand that this procedure will be done by Dr. and that anesthesia will be used.The risks of this procedure(including the risks of anesthesia), as well as the alternatives and the risks of each, have been explained to me, I understand them, and give my consent to the above procedure. PATIENT S NAM€ M.R.it DATE. SIGNATURE y(I}NES3 PHYSICIAN'$SIGNATURE 2$8-001(€fEV,2.82)REVERSE ' KAISER »� } PERMANENrE* MINOR INJURY CENTER RECORD r, s�ATa tTrwE sTAraP PNONE 34'Ib ie ARRIVAL OCT2710312*23,13 6w+1e COMPLAIN7h TO BE » PATIENT:BY PERTINENT MEDICAL HISTORY: CI NONE ED CATIONS• d E CJ Cardiac: - _ Seizure 1-3 Elevated BP C3 Asth Emphysema u 6 © tr CI PsychiatricDiabetes obacco DRUG ALLER d S- NON Q Alcohol use:_ _ 251 dL-2 v2 17 Other: ='I, '� ` '"7 _ 0 D.V. d Last Tetanus: %Avg,*, - X - ---------- PATIENT NOT TO WRITE BELOW T"IS LINE OUT ., `w VITAL SIGNS } OBj CTIV ESP M P —LLD-- R T _ LMP _ G w P AE3—... _ _ %? 02 SAT _ P K PLOW WT _—.,_____ R DISPOSITION: See in MIIC D Clinic Appointment:___ � ._ C' Other: TIME IN ROOM, 0 A,M. RooM 7--J77� 71C RM. L7 TIMtE SEEN BY M1.M 13 A.M. PM NOTES: _.............. .. f .. ....... .. r✓'.. ... _ ........ Ica '0000� A 1-7Notescontinued on reverse PHYSEGtd URE TIME 0 T LISPOSITICN G AM. M.D. * P.M. ❑ e O Transfer to: I PATINNT ! PRMIDXR 1 CATUGMY j VSSW ( FR D TS 1 TCU LAAWX t ( 10347656 1 _ ! RADION 1 PAPORT i � / / ` # � / / # k-----------S-----------------------!......�...o-w��w�f...-.�....o.-.m.�.m-w.--/w-w......:...waw--.....-1 Personal Mysician : 3XDR & GATNZ9,X.D. RAY 8DANTON0,DIA 40/F Radiology Report Kamm 2 Of 1 Page 1 RIGHT Ate& Ordered By: DVOC T NGUYM,M.D. on 10/16/2003 0$.26 at Mn OUTPATIMIT Performed In: MT2 - Read By: EDDY Q PHO,M.D. ** HISTORY **: Rule out fracture. ** FINDINGS **: Legative for fractures. E Q PHO MD DD: 10/1712003 DT: 10/'20/2003 Sj_V *t*****r**xx*x«**********s***** End of Report ******t** **********x****rr**x** RAD.REP MTZ.1 11/20103 08:32 Kaiser Paxnanente - Confidential Patient Info tion I FATIMT I PRU IDRR ! CAT� f VI] f PR DATE O DATE1 7 10347656 t 1 RADIOLOCr i RZP<)RT 1 - / — _..., / / — # t -----------------------I-----------1-----------R--------------7----- ..----- Personal PlWa.c.an : JADE R GAI1 $,M.D. RAY DANTMO,DIANZ 40/r Radiology Report Exam 1 or 1 Page 1 RIGHT FOOT Ordered By: DVOC T A7FyM ,M,D. on 10/16/2003 09-49 at MTZ OUTPATIENT Per.formed In: MTZ - Read By: RDDY Q PHO,X.D. ** HISTORY **: Rule out fracture. ** FINDINGS **: No significant abnormal fundings. E Q PHO MD DD: 10/17/2003 DT; 10/20/2003 SJE xxxxxx*xxx,rx*x*xxxxxxxx*xx**xxx Ernd of Report x*xxx*xxxxxx xxxxx***xxx-x xxx**x*x RAD.REP MTZICM 11/20/03 08.32 Kaiser Permanente - Confidential Patient information s -- fes„ w rj CLAIM WARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: JANUARY 1.3, 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), give. Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings", AMOUNT: UNKNOWN CLAIMANT: EUGENE KOZHEVNIKOV: OLGA SEROVA KOZHEVNIKOV ATTORNEY: AUDREY J. GERARD DATE RECEIVED: DECEMBER 0812003 ADDRESS: LEN TILLEM AND ASSOCIATES BY DELIVERY TO CLERK ON: DECEMBER 09, 2003 846 BROADWAY SONOMA, CA 95476 BY MAIL POSTMARKED: HAND DELIVERED BY ROBERT RONALD FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. C Dated: DECEMBER 09, 2003 JOHN SWEETE By: Deputy II, FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and,9,10.2. ( ) 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 fled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: r•: Dated: €�� Bye , i , •. �` Deputy County Counsi 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). IVBOARD ORDER.: By unanimous vote of the Supervisors present: ( ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct•copy of the Board's Order entered in its minutes for this date. Dated:-,Aw ".v �C. OHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov, code secti 91 j) Subject to certain exceptions, you have only six (6) months from the date this ndtice 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: �' / SWEETEN, CLERK.By Deputy clerk 0' It d 82:2T 2002 80 :)3Q DEC- 9103 01:41PM FROM-LAW OFFICES 1-707-958-2460 T-133 P.02104 F-224 I JAMS GEAGA.N ESQ.,B2r NO.68922 LAW OFFICES O) JAMIS G A.GAN 2 846 Broadway ,_.. _.. ...__ Sonoma,CA 95476 3 Telephone: (707) 939.9593 , a Facsimile: (707)996-2460 LEONAI M.TILLEK ESQ., Bar Na.51966 S AUDR..l Y J.GERA",BS+Q-,Bar No.243959 LEN TILLEM.AND ASSOCIATES 6 846 Broadway Sonoma, CA 95476 7 Telephone: (707) 996-4505 Facsimile: (707)996-2460 8 Attorneys for Claimants 9 10 11 SUPERIOR COURT OF CALIFORNIA,COUNTY OF CONTRA COSTA I2 13 EUGB E KOZIMVNMOV; OLGA No. SEROVA KOZHEVI'3IKOV, 14 CLAIM FOR DAMAGES Claimants, (Government Cane Section 910,et seg.) 1S 16 .SDQNTY GF CONTRA.COSTN r 17 CONTRA "A1f' T1f'§».'V'ICES, D,AVID I.KLEINERYSA.N,M.D.; IS ANTHONY C.CHENG,M.D.;LORRE: RENDERSON,.M.D.;JEl«F'R,E'Y SMITH. 19` M.D., 20 Defendants. 21 / 22 20: COUNTY OF CONTRA COSTA;CONTRA COSTA HEALTH SERVICES; FAVID L 23 KL,EIN RMAN, M.D.;ANTHONY C.CHENG,M.D.;LUQ HENDER"SO M-D.;AND 24 JEFFREY SMITH,M.D.: 25 You are hereby notified that EUGENB KOZHEVNMOV and OLGA SEROVA 26 KOZHEVNIKOV,whose addresses art clo Audrey J.Gerard, Lexi Tillem and Associates, 846 27 1 28 CLAN FOR DAMAM 0` c3 _ 6 c i £002� 80 �3C DEL' 8-03 01;41?M FROM-LAW OFFICES 1-707-SRE-2460 I-133 P 03/04 F-224 1 Broadway,Sonoma,California 95476,claim damage's from the COUNTY OF CONTRA COSTA; 2 CONTRA COSTA HEALTH SERVICES;DAVID L KLEINpRMAN, M.D.; ANTHONY C. r (, 3 {CHENG, M.D.;LORRE HENDERSON,M.D.; AND JEFFREY SmnH,M.D.: 4 This claim arises from an incident that occurred on Jane 11, 2003. On that date,Claimant 5 EUGENE.KOZHEVN KOV was a.patient at the Contra Costa Regional,Medical Center,Martinez 6 Health Center. Due to the failure of his physicians, surgeons, and rather health rare professionals 7 to properly examine,diagnose,treat,advise said Claimant and their failure to obtain informed 8 consent for procedures, Claimant EUGENE KOZHEVNIKt)V sustained personal injuries and 9 genal damages, including but not limited to the lass of his rigbt kidney and severe and 1:0 continuing emotional distress. CWhunt OLGA SER.4VA KOZHEVN KOV,the wife of I I Claimant Eugene Kozhevnikov,sustained injuries and damages, including loss of consortium.and 13 severe and continuing emotional distress. 13 Claimants are informed and believe and thereon allege that the entity against which this 14 claim is made is legally responsible for CIaimant,s injuries due to its employees neglr`gent and/or 15 intentional failure to properly examine,diagnose,treat,advise,and obtain informed consent for 16 procedures at tate above mentioned time and place, after having undertaken to do so,and/or the 17 entity's negligent hiring,training and supervision of its employees. 1$ The nes of The individual public employee responsible for causing claimants' damages 19 known to Claimants at this time include DAVID I. K L.E1IE1;MAN,M.D., ANTHONY C. 20 CHENG,M.D., LORR.E MENDER.SON,M.D.,AND JEFFREY SMITH,M.D. 21 As a proximate result of the negligent and/or intentional conduct of the government entity 22 and/or its employees as alleged.above,Claimant sustained injuries and dattrages as alleged above. 23 The amount ofclaimant's claims is wiry the jurisdiction ofthe Superior Cows,Unlizcited 24 Jurisdiction. 25 All notices or rather communications with regard to this claim should be sent to.Audrey 26 1 Gerard,Esq., 846 Broadway, Sonoma, California 95476. (707)939-9593. 27 2 28 CLkk FOR DAMAGES i b£:zt zoee 30 Dia 50'Mdd 71:U01 OEC406-13 01:42PM FRIM-LAW 017 ICES 7-t33 P-04104 F-22A 1 DATED:Dec=ber 2003 2 LEN TILLEM AND ASSOCIATES 4 ., i� ;�► REX JtZINARO,Anorney for 5 Claimants 7 ° 8 9 1 Ct 12 13 14 E is 16 17 18 19' 241 21 22 23 i 24 25 26 27 # 3 28 CLhIM FOR DAY.A= 3 CLAIM B AII? OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: JANUARY 13, 200 Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICETO 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), give Pursuant to Government Code Section 913 and 915.4. Please note all"'Warnings". AMOUNT: UNKNOWN CLAIMANT: KATIE NGUYEN ATTORNEY: DALE MINAMI DATE RECEIVED: DECEMBER 08, 2003 ADDRESS: MINAMI, LEW & TAMAKI, LLP BY DELIVERY TO CLERK ON:DECEMBER 09, 2003 360 POST STREET, 8th FLOOR SAN FRANCISCO, CA 94.108 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 SWEETE C er Dated: DECEMBER 09, 2003 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervis rs XThis claire complies substantially with Sections 910 and 410.2. { ) This Claim FAILS to comply substantially with Sections 910 and,910,2, and we are so notifying claimant. The Board cannot act for 15 days(Section 910.8). { ) Claim is not timely fled. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( ) Other: Dated:. Bye., f 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). IVOARD ORDER: By unanimous vote of the Supervisors present: { This Claim is rejected in full. { ) Other: I certify that this is a true and correct'copy of the Board's Order entered in its minutes for this date. Dated: O�S GVEETEN, CLERK, By , Deputy Clerk "WARNING(Gov. code section 913) Subject to certain exceptions; you have only six (6)months from the date this ndtice was personally served or deposieec 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: v7 SWEETE2»l, CLERK By Deputy Clerk .M.INAMI REC177 LEW TAMAKI DC 0 8 2003 L L P CLERK BOARD GP SUPERVISO RS DALE MINAMI ATTORNEYS AT LAW CONTRA COSTA CO, GARRICK S.LEw DONALD K.TAMAKI BRAD YAMAUCHI ROY H.IKEDA December 8, 2003 Via Facsimile 925)335-1913 *MINETTE A.KWOK JACK W.LEE Clerk of the Board of Supervisors WILLIAM C.KWONG 651 Pine Street,Room 106 LISA DUARTE FLORENCE SWAY Martinez, Ca PHILLIPS LYNDA WoN-CmNa Re: Katie Nguyen for the wrongful death of Tin Huu Nguyen,her SOLOMON WOLLACK husband and Kevin Nguyen,her son June 8,2003 pursuant to the t TASHA A.Y©Rozu California Tort Claims Act JOHN OTA YU-YEE'JVU Dear Sir/Madam, AI MORI JANICE K.Luo By way of introduction,this firm has been retained by Katie Nguyen *Certified specialist represent her in her government code claim against Contra Costa County and the 01,irxT- California Department of Transportation for the incident(s)and injuries described t Also admitted below. to practice in the State of Oregon All notices regarding Katie Nguyen should be sent to MINAMI,LEW& of counsel TAMAKI,LLP, 360 Post Street, 8''Floor, San Francisco,California, 94108. WILLIAM HIROSE SUSAN TAMURA The facts which form the basis of this claim is as follows: Tin Huu Nguyen, husband of Claimant and Kevin Nguyen, son of Claimant,were residents at SOS mala Offl,: Vienna St., San Francisco, CA 94112. On June 8,2003 2002, Mr.Nguyen was 360 Post Street involved in a major accident on Walnut Blvd.And Vasco Road in an 8th Floor unincorporated area in the Contra Costa County. Kevin Nguyen was a passenger in Union Square the vehicle which was driven by Tin Huu Nguyen. Attached is the relevant police San Francisco,CA report. 94108 Tet:415/798-9,P0o The accident was due to a dangerous condition at that portion of the Fax:415-398-3887 roadway,the negligent design of that intersection, the failure to properly maintain the roadway and the failure to erect proper warning signs, among other negligent Las Gatos©flee: acts and omissions. 16450 Los Gatos Blvd. Suite 107 As a result of the accident,Mr.Nguyen died. The extent of special and Los Gatos,CA 95032 general damages are unknown at this time. Tel:415/798-9000 Fax:409/356-1481 Web:Www.mltsf.com Clerk of the Board of Supervisors December 8,2043 Page 2 The jurisdiction of this matter would lie in Superior Court. If you have any questions or concerns,please feel free to give me a call. Sincerely, MINAMI, LEW&TAMAKII LLP Allr — '1 Dale Minami H.03aleM\Npyen.Katielgovtcade.ccc2.wpd STATE OF�;ALFORNIA TRAFFIC COLLISION REPORT � CHP 555 CARS Page 1(Rev 8/98)OPI 042 Page / a SPECAL CDNbITIDNs Hr raTaauN CITY JMCAL DISTRICT LOCAL REPORT K MBER FATAL Ham FS'ow $ UNINCORPORATED DELTAMUNI /// I(1L3£N W&I" COUI•RY REPORTING DISTRICT SEAT ( � 3 NTRA COSTA 97 3 COLLISION OCCURRED M MO . DAY YEAR (24M NCIC 0 OFFICER I.D. WALNUT BOULEVARD 06/08/2003 r"E1515 9320 010179 '�:*'°~--'�' MILEPOST WiFORMATKSN: DAY Of WEEK TOW AWAY iMIYFOGMPFffi BY. H7)H 01 `� SUNDAY YES SEE AT HNTERSECTIDN Wr t STATE HAY REL NARRATIVE OR: VASCO ROAD YES NO PARTY ORNER'S LICENSE MJM6ER STATE CLASS SAFETY YEN.YEAR MAKE I MODEL I COLOR UCENSE MMBER STATE EOUIP. ] A4786264 CA C B 03 rCSYT SEt�LTtYlA wl� 6Z91448 CA DRIVER NAME(FIRST,MIDDLE,LAM X TIN HUU NGUYEN OVVNER'S NAME I I SNAE AS DRIVER PEDES- STREETADDRESS TRIAN 505 VIENNA ST. OWNER'S ADDRESS SAME AS DRIVER . PARKED CITY ISTATE rZIP VEHICLE SAN FRANCISCO CA 94112 ITISPOSMON OF VEHICLE ON ORDERS OF: I y I OFFICER DRIVER' t i OTHER CLISTsex wIR EYES HAEHOHT vvElaHTr BIRTHDUATE RACE AMERICAN TOOW-(925)682-8122 �J t—I Zvi B1K BRN 3-5 120 OI/I1/I97fm y1 Yea. A PRIOR MECIi DEFECTS NONLAPP. REFERro NARRATIVE OTHER NOME PHONE $tTamss PH" VEHICLE IDENTIFICATION K MSER: (415)586-2879 CNP USE ONLY DESCRIBE VEHICLE OMAGE SHADE IN DAMAGED AREA pa . . i�JRANCE CARRIER POLICY NLtMdt:R VEHICLE TYPE UNI( NONE: ......... ............ MINOR - --- UNKNOWN 07 HNoa MA" ROLLOVER OR OF TRAVEL I ON STREET OR HIGHAVAY SPEED LINT CA DOT N WALNUT"BLVD 45 CAL-T TCPHPSC mcu PARTY DRIVE'R'S LICENSE NUMBERJOIAM - ...... STATE SAFETY VEFt YEAR MAKE //COLOR �IC7 NUMBER STATE C5481680 CA C Cr 02 FORI7145r)2AX wiHI 61-89623 A DRIVER HWM(FIRST,INDOLE,L Wn X 1 AARON ALLAN HUDSON OWNER$NAME (�I$ARAE AS DRIVER 11 PEDES- STREET ADDRESS TRAM U.S.CONCRETE INC. 200 FORT}RD.#91 _ OWNER'S ADDRESS ❑SAME AS DRIVER PARKED CRYrSTATEr21P I LIVE OAK AVE. MORGAN HILL CA 95037 VEHICLE SAN JOSE CA 95138 DISPOSITION OF VEHICLE ON ORDERS OF: OFFICER EIDRNER FIOTHER CL sr HAJR EYES WEts�tT BIRTfi6ATE RACE AMERICAN TOW- 925 $2-8122 FZ M 1�LN 1L 6 4 245 03/19/2968 Yw W PRIOR MECHANICAL DEFECTS E APP. REFER TO NARRATIVE OTHER HOME p c*e BUSiNEBB PHONE VEHICLE IDEHTTFICATIOI NUMBER: (408)281-7417 (40$)779-1000 CAP USB ONLY DESCRISE VEHICLE DAMAW SHADE IN DAMAGED AREA INSURANCECARRIER POLICY KMER VEHICLE TYPE tAwt NDN€ MINOR ................._..... CONTINENTAL CASUALTY BUA251895319 26 MOD ROLL-OV R TIR or TRAVEL ON STRETT OR HIt3liWAY SPEED LIMIT - ..... .. CA DOT ' WALNUT$LVD 45 CAL•T TCPIPSC mom .. PARTY DRIVER'S LICENSE KHMER STATE CLASS ISAPETY VEH.YEAR MAKE I MODEL I COLOR LICENSE MIMBER STATE 3 DRIVER —WIE(FIRSL MIDDLE,LAST) T�y OWNER'S NAME I F SAW A5 DRIVER ' TPEIAN RSTREETADDRESS L-_–HH OMWERCS ADDRESS F ISNNEASDRNER PARKED CTTYISTATE IZIPrVEHICLE DISPDSTTION OF VEHICLE ON ORDERS OF: -OFFICER DRIVER F OTHER J- O SIX HAIR EYES HiE10}{T WEIGHT BIRTHDATE RACE Mo Day Yarn PRIOR MECRANCHAL DEFECTS NONE APP. EPER TO NARRATIVE OTHER Home pogveBUSINESS PHOHJE VV410LE IDENTIFICATION HLAIIER: ` i CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE RNiDAt iAGED AREA MSURANCECARRHER POLICYILUSER VEHICLE'TYPE LNN( NONE MINOR ' MOD MAJOR ROLL-aaA DR OF TRAVEL ON STREET OR HKYM'AYSP€ED LIMIT CA DOT CAL-T TCPN+SC MOMK. ARER'S NAME DISPATCH NOTIFIED REHTB NAME DATE R D Lh�i7iwrcHELL 010179 YES 3o ADA STATE OF CAUFORMA TRAFFIC COLLISION CODING 1 CHP 555 CARS Paget(&W)OPI 042 P." DATE OF 08014(#010.DAY YE-A) sa C.t4m) ER NC1C N OFFICI. : NUM1iBER 06/08/2003 1515 9320 010179 OWNER OYIMER AWRI SS NOTIFIED PROPERTY ALMA DUTRA 41528 CHILTERN DFL FREMONT CA 94539 [RYES D NO DAMAGE aESCRIPi(OId OF aAAbKoS@ 50'OF BARBED WIRE FENCING. SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEHICLE OCCUPANTS MIC BICYCLE-HELMET L-AIR BAG DEPLOYED 0-NOT EJECTED . . A-NONE IN VEHICLE M-AIR BAG NOT DEPLOYED T-FULLY EJECTED B-UNKNOWN N-OTHER DRIVER 2-PARTIALLY EJECTED ° T•DRIVER C:LAP BELT USED P-NOT REQUIRED V.NO S-UNKNOWN D LAP BELT NOT USED W.YES 2 TO 6-PASSENGERS E-SHOULDER HARNESS USED CHILD RESTRAINT 7-STA.WGN REAR F-SHOULDER HARNESS NOT USED Q-INV I it USED PASSENGER ®-RR.OCC TRK OR VAN G-LAPISHOULDER HARNESS USED R-N VEHICLE NOT USED X-NO : . . : . 6-POSITION UNKNOWN H-LAPISHOULDER HARNESS NOT USED S.IN VEHICLE USE UNKNOWN y.YES 9-OT#ER J-PASSIVE RESTRAINT USED T-IN VEHICLE IMPROPER USE X-PASSIVE RESTRAINT NOT USED U-NONE IN VEHICLE ITEM MARKED BELOW FOLLOWED BY AN ASTERISK SHOULD BE EXPLAINED IN THE NARRATIVE,. PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES � � � TYPE OF VEHICLE 112111 DIbiI7 LIST NUMBER( OF PARTY AT FAULTMOVEMENT PRECECOLLISION A vc ssCnat vwuT€o Cm€v s X A CONTROLS FUNLTI(3NtNCi A PASSEIJG£R CAR!STATION W A A STOPPED 21802(A) X $ CONTROLS NOT FUNCTIONING- B PASSENGER CAR W I TRAILER I x I PROCEEDING STRAIGHT B OTHER IMPROPER DRIVING` C-CONTRQUOSSCURED I Ic MOTORCYCLE/SCOOTER I IC RAN OFF ROAD _ D NO CONTROLS PRESENT I FACTOR- CI PICKUP OR PANF`L.TRL ICI( D MAKING RIGHT TURN C OTHER THAN DRIVER- TYPE OF COLLISION I I JE PICKUP/PANEL TRUCK W/TRAILER X IE MAKING LEFT TURN D UNKNOWN'- A-14EAD-ON I F TRUCK OR TRUCK TRACTOR IF MAKING U TURN E FELL ASLEEP' B SIDE SWIPE 10 TRUCK ITRUCK TRACTOR WI TRLR. SACKNG C REAR END H SCHOOL BUS i I SLOWING/STOPPING WEATHER (MARK 1 TO 2 TTW )( D BROADSIDE ! OTHER BUS ! PASSING OTHER VEHICLE X I A CLEAR E HITOwEC7 J EMERGENCY VEHICLE IJ CHANGING LANES a CLOUDY F OVERTURNED K_ HIGHWAY CONST.EQUIPMENT K PARKING MANEUVER C RAINING f+ VEHICLE/PEDESTRIAN L BICYCLE I IL ENTERING TRAFFIC SNOWING I Im OTHER VEHICLE M OTHER UNSAFE TURNING E FOG I VISIBILITY F'T. I I IN PEDESTRIAN IN XING INTO OPPOSING LANE F OTHER:- MOTOR VEHICLE INVOLVED WITH O MOPED 1 10 PARKED G WIND_ I A NON=COLLISioN P MERGING LIGHTING 18 PEDESTRIAN 0.TRAVELING WRONG WAY IXIA DAYLIGHT X C OTHER MOTOR VEHICLE 1 2 3 OTHER ASSOCIATED FACTORS R OTHER': S DUSK-DAWN D MOTOR VEHICLE ON OTH15R ROADWAY RK I TO 2 ITEM G DARK-STREET LIGHTS L PARKED MOTOR VENULE A vccavNv*uao: cm ro YES D DARK-NO STREET LIGHTS F TRAIN to E DARK-STREET LIGHTS NOT 0 BICYCLE B vc SMTW vwuTn c"mYEs FUNCTIONING' N ANIMAL: ND SOBRIETY-DRUG ROADWAY SURFACE C VC SEcTM MATM c YE. 1 2 3 PHYSICAL X A DRY I FIXED OBJECT: (MARKT TO 2 ITEMS) B WETD X X A HAD NOT$FEIN PRtNKING D SNOWY-ICY J OTHER OBJECT: E vam omuREmENT: 18 NBC)-UNDER INFLUENC D SUPPERY(MUDDY,OILY,ETC. F INATTENTION': D H -NOT UNDER INFLUENCE' ROADWAY CONDITION(S) G STOP d GO TRAFFIC D H IMPAIRMENT UNKNOWN- (MARK#TO2ITEMS) PEDESTRIAN'S ACTIONS H EN'TERINGILEAVING RAMP E UNDER DRUG INFLUENCE' A HOLES DEEP RUT" X A NO PEDESTRIANS INVOLVED ! PREVKNJS COLLISION F IMP AIRM NT.PHYSICAL` 8 LOOSE MATERIAL ON ROADWAY' B CROSSING N CROSSWALK J UNFAMILIAR WITH ROAD 10 IMPAIRMENT NOT KNOWN ADOBSTR N ON ROADWAY' AT INTERSECTION K DEFECTIVE VEH.EQUIP.: CITED H NOT APPLICABLE C+;INSTRUGTION-REPAIR ZONE C GROSSING N CTtOS§WALK NOT YES I SLEEPY I FATIGUED REDUCED ROADWAY WIDTH AT INTERSECTION NO SPECIAL INFORMATION F FLOODED' D CROSSING-NOT IN CROSSWALK L UNNVOL WED VEHICLE A HA g US MATERIAL G OTHER`: E N ROAD•INCLUDES SHOULDER IY9 OTHER': B- CELL PHONE IN USE X I i NO UNUSUAL CONDITIONS F NOT IN ROAD X X N APPARENT X C CELL PHONE NOT N USE Er APPROACHING/LEAVING SCHOOL BUS O RUNAWAY VEHICLE �4x D CELL PHONE NON£/UNKNOWN SKETCH MISCELLANEOUS _HQ DCT xIaICATE NORTH CRNR _191c CHP PD/5o STATE OF CALIFORNIA INJURED I WITNESSES/PASSENGERS CHP 5555 CARS Pa 3(Rev B/9$ OPI 042 Papa s MOM MY DAY TWEMMI OFFICER 1,13, NUMBER 06/08/2003 ISIS 9320 010179 wtTN sS PASSENGER AIDE SEX EXTENT OF 1NJURY(`X'ONE) INJURED WAS('X'ONE) PARTY SEAT SAFETY EJECTED C Y ONLY -- Nomm POS. EOUtP. INJURY INJURY INJURY OF PAN SEVERE OTHER VISIBLE COMPLAINT DRIVER PASS, 1'L'{). BfCLYCL#ET OTHER D D 32 TVI ❑ ❑ D ❑ D ❑ D 1 1 0 NAME/#7,0.8,I ADDRESS TELEPHONE TIN HUU NGUYEN (01/11/1971) 505 VIENNA ST. SAN FRANCISCO CA 94112 (415)586-2879 (INJURED ONLY)TRANSPORTED W. TAKEN TO: CONTRA COSTA COUNTY(CORONERS OFFICE) DESCRIBE INJURIES: MULTIPLE BLUNT FORCE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED TELEPHONE KEVIN NGUYEN (04/21/1997) 505 VIENNA ST. SAN FRANCISCO CA 94112 (415)586-2879 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: CONTRA COSTA COUNTY(CORONERS OFFICE) DESCRIBE INJURIES: BLUNT FORCE AND THERMAL.INJURIES VICTIM OF VIOLENT CRIME NOTIFIED D# I L7x- I ❑ I D FE: D ❑ ❑ ❑ 16 IG a NAME 10.O.S.1ADDRESS TELEPHONE FRANK.NHAT TRAN (03/22/1981) 750 LARKIN ST. SAN FRANCISCO CA 94102 (415)922-1516 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: CONTRA COSTA COUNTY(CORONERS OFFICE) DESCRIBE INJURIES: THERMAL INJURIES WITH INHALATION OF PRODUCTS OF COMBUSTION VICTIM OF VIOLENT CRIME NOTIFIED �] 20 1 M I ❑ ❑ ❑ 1 ❑ 1 3 B a NAME 1 D.04/ADDRESS TELEPHONE TAM NGUYEN (09/20/1982) 471 ELLIS ST.#12 SAN FRANCISCO CA 94102 (415)563.3704 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: AMR AMBULANCE SUTTERIDELTA HOSPITAL DESCRIBE INJURIES: CHEST AND ABDOMINAL PAIN,LACERA'T'ED LEFT ARM,SHORTNESS OF BREAT14 VICTIM OF VIOLENT CRIME NOTIFIED D ❑ 21 F ❑jX❑ D ❑ ❑ D 1 7 B a NAME 10.0.8.I ADDRESS TELEPHONE VANNY DAO (01/18/1182) 2441 E.22ND ST, OAKLAND CA 94601 (510)533-8419 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: REACH HELICOPTER JOHN MUIR MEDICAL CENTER MUMM CONTUSION TO FOREHEAD,BLOODY LII',PAIN TO FACE,NECK,CHEST AND LOWER BACK VICTIM OF VIOLENT CRIME NOTIFIED NAME/D.O.B.IADDRESS TELEPHONE AMY LAYSANG (11/20/1983) 2237 E.23RD ST.#A OAKLAND CA 94606 (510)436-7518 (INJURED ONLY)TRANSPORTED EY: TAKEN TO. AMR AMBULANCE SUTTER/DELTA HOSPITAL DESCRIBE INJURIES. PAIN TO NECK,LEFT HIP,ABRASIONS TO LEFT ARM VICTIM OF VIOLENT CRIME NOTIFIED PREPARER'S NAME i.D.NUMBER M0. i?AY YERR REV#EWER'S NAME MO. DAY YEAR M.MITCHELL 010179 09/19/2003 STATE OF 6ALIFORNIA INJURED I WITNESSES I PASSENGERS Pegs � of/ CHP 555 CARS Paige 3(Rev 8/98)ON 042 NUMBER 06/08/2003 1515 9324 010179 WTNPSS PASSENGER AGE SEX EXTENT OF INJURY(W ONE) INJURED WAS('X`ONE) PARTY SEAT SAFETY EJECTED ONLY ONLY - - ' NUMBER P08. EQUIP. FATAL SEVERE OTHER VISIBLE COMPLAINT DRIVER PASS. PED, BIOLYCLIbT OTHER INJURY INJURY INJURY OF PAIN ❑ ❑ 19 >~ �❑ LJ ❑ ❑ C rJ C C� 1 7 G 0 NAME 1 D.0.&/ADDRESS TELEPHONE YET LY (08/11/1983) 2342 14TH AVE. OAKLAND CA 94606 (510)533-2565 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: AMR AMBULANCE SUTTER/DELTA HOSPITAL DESCRIBE INJURIES: FRACTURED RIO •PELVIS,BACK AND LEFT ARM PAIN VICTIM OF VIOLENT CRIME NOTIFIED LME7 _3 L,J 34 M �..._i Iv...1 L t X. X i__.W .: i 1 G TELEPHONE AARON ALLAN HUDSON (09/19/1968) 200 FORD RD.##91 SAN JOSE CA 95138 (408)281-7417 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: WILL SEEK OWN MEDICAL AID OSWRISF INJURIES.- NECK AND BACK PAIN VICTIM OF VIOLENT CRIME NOTIFIED 1 ❑ 38 1 M I ❑ ❑ ❑ ❑ ❑ I ❑ ❑ C ] I T71 NAME I D.O.B./ADDRESS TELEPHONE JAMES FOWLER (05/3111965) 834 BLOSSOM WY. HAYWARD CA 94541 (510)750-7669 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED 146 L NAME I D.O.B./ADDRESS TELEPHONE KEVIN FAHEY (08/14/1956) 3060 BECKLEY DR. SAN FRANCISCO CA 94135 (408)223-7215 (INJURED ONLY)TRANSPORTED BY. TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED 7x 1 3 ❑ 21 M C1 0 0 1 E [ EI-1111-DI [I NAME t D.0.8.1 ADDRESS TELEPHONE JERRY LEUNG (03/31/1982) 15 TEDDY AVE, SARI FRANCISCO CA 94134 (415)710-7823 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DE9CRI99 I . VICTIM OF VIOLENT CRIME NOTIFIED NAME 10.0,&1 ADDRESS TELEPHONE PETER VUONG (06/19/1981) 395 EDDY ST. SAN FRANCISCO CA 94102 (415)563-0911 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED PREPARERS NAME LD.NUM$ER MO. DAY YEAR REVIEWER'S NAME MO DAY YEAR M.MITCHELL 010179 09/1912003 STATE OF CALIFORNIA DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUWER 06/02/03 1515 9320 010179 1 FACTS: 2 NO LIFICATION. 3 At 1518 hours, I received a radio call of a traffic collision with an ambulance sent to it. I 4 responded from Chestnut Street west of Eden Plains Road arriving, on scene at 1526 hours. 5 6 All speeds, times and measurements are approximate. Measurements were by a roll meter and 7 a Leica TCRA 1105 Plus Total Station Survey System. 8 9 SCENE: 10 This collision occurred at the intersection of Vasco Road and Walnut Blvd. The intersection 11 is flat, constructed of asphalt and located in rural eastern Contra Costa County. 12 13 Vasco Road is a major commuter artery which begins at Walnut Blvd. and continues south to 14 the City of Livermore. Its opposing directions are separated from each other by painted 15 double yellow lines and painted white edge lines border to the outside of both, separating 16 them from shoulders. A painted solid white line separates the northbound lane from a left turn 17 only lane to southbound Walnut Blvd. To the outside of Vasco Road, on the east side, is a 18 raised asphalt curb followed by a dirt field. 19 20 Walnut Blvd.begins in the City of Brentwood and ends south of the intersection at the north 21 entrance to the Las Vaqueros Reservoir. Its opposing directions are separated from each 22 other by painted double yellow lines and painted white edge lines border to the outside of 23 both, separating them from shoulders. Where it intersects with Vasco Road, the northbound 24 direction is split into right and left turn only lanes. There is also a stop sign posted for 25 northbound traffic at that location. Where it intersects with Vasco Road, there is a painted 26 solid white line separating the southbound lane from a right turn only lane. 27 28 For further on the scene, see the physical evidence diagram on page 5 of the supplemental 29 report prepared by C.H.P. Officers B. Land, #13046, and C. Childs, #13867. 30 31 OIIS R6'AT'IONS UPON MYARRIVAL: 32 When I arrived on scene, I noticed both involved vehicles in a dirt field located on the east 33 side of the intersection. V-1 was totally engulfed in flames as well as the forward half of 34 V-2. P-1 was lying on his back on the southbound shoulder of Vasco Road south of the 35 intersection being attended to by numerous people. In addition, there were numerous people 36 standing around the intersection watching the fire. Northbound traffic on Vasco Road was 37 extremely heavy due to the collision as well as the afternoon commute, and motorists were 38 still driving through the scene in both directions. 39 PREPARER'S NAME T.D.NLAIBER DATE REVIEWER'S NAME DATE M MITCHELL 10179 09/19/03 STATE OF CALIFORNIA rl DATE OF INCIDENT TIME NCIC NUMBER OMCER i.D. NUMBER 06/02/03 1.515 9320 010179 1 I immediately blocked the northbound lane of Vasco Road south of the intersection with my 2 patrol vehicle to secure the scene at that end. Shortly thereafter, C.H.P. Sergeant B. Myers 3 arrived and blocked the southbound lane of Walnut Blvd. north of the intersection, thereby 4 securing the scene. 5 6 IIEHKIC'LRS: 7 V-1 (03 Toyota. Sequoia)was located on its wheels in the dirt field on the east side of the 8 intersection., facing in an easterly direction. A vehicle inspection could not be done on it due 9 to the extensive damage it sustained from the fire. 10 11 V-I's right front wheel was located 69 feet south of the south roadway edge of Walnut Blvd. 12 ..and 3.9 feet east of the east roadway edge of Vasco Road. _. .13 Its right rear wheel was located 69 feet south of the south roadway edge of Walnut Blvd. and 14 30 feet east of the east roadway edge of Vasco Road, 15 16 V-2 (02 Ford F450 flatbed)was located on its wheels in the same dirt field that V-1 was 17 found, facing in an easterly direction. An inspection on the section forward of the bed (cab is and 19 engine areas) could not be made due to the extensive damage it sustained from the fire. 20 However, on 06/09/03, a cursory inspection was made on the steering, brakes, tires,wheels, 21 and frame by C.H.P. Commercial Enforcement Officer S. Morales, 13716. See pages 19 and 22 20 of this report for his findings. 23 24 V-2's left front wheel was located 57 feet south of the south roadway edge of Walnut Blvd. 25 and 39 feet east of the east roadway edge of Vasco Road. 26 Its left rear wheel was located 51 feet south of the south roadway edge of Walnut Blvd. and 27 30 feet east of the east roadway edge of Vasco Road. 28 29 The point of rest measurements of both vehicles were obtained by C.H.P. Officer J. Robinson, 30 414815, by roll meter. 31 32 PARTIES. 33 Upon my arrival on scene, i found P-1 (Nguyen) lying on his back on the southbound 34 shoulder of Vasco Road south of Walnut Blvd., being attended to by several people. Upon 35 later arrival by the Coroner's office, a wallet was found in his pants containing';a California 36 driver license. The driver license identified P-1 as Tin Huu Nguyen, date of birth.of 01/11171, 37 with a San Francisco address. 38 39 P-2 (Hudson)was located at the scene standing on the southwest corner of the intersection 40 and he identified himself to me with a California driver license. PREPARE'R'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 10179 09/19/03 STATE of CALIFORNIA WARRAJIMEISUEELEMENIAL DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 06/02/03 1515 9320 010179 1 PIIYSICAL EUDEVCE:Physical evidence was originally collected on the day of this 2 collision by C.H.P. Officer J. Robinson, #14815. However, on 06/10/03, Officers Land and 3 Childs responded to the scene and collected the evidence. That information',is located on 4 pages 3, 4 and 5 of their attached supplemental report. 5 6 LN-JURIES: 7 P-1 (Nguyen)was treated at the scene by fire personnel and paramedics. However, at 1.545 8 hours, he was pronounced dead at the scene by Doctor Joslin of John Muir Medical Center. 9 Cause of death was listed as multiple blunt force injuries due to motor vehicle accident. The 10 coroner's case number is CR2003-1186. 11 12 Both passengers Frank Tran and Devin Nguyen were still inside of'V-1 when i arrived on 13 scene. Because V-1 was fully engulfed by fire at that.time, it was evident that they would not 14 have survived. Through the Contra Costa County Coroner's office, I pronounced both of 15 them dead when I arrived on scene at 1526 hours. Cause of death to Tran was listed as 16 thermal injuries, with inhalation of products of combustion due to motor vehicle vs. motor 17 vehicle. The coroner's case number is CR2003-1185. He was located in the middle seat of 18 V-1. 19 20 Cause of death to Kevin Nguyen was listed as blunt force and thermal injuries, due to motor 21 vehicle vs. motor vehicle. The coroners case number is CR2003-1184. He was located in the 22 middle seat of V-1. 23 24 Passenger Tam Nguyen who had been seated in the right front seat of V-1, was transported to 25 Sutter/Delta Hospital in Antioch by American Medical Response. There, he was treated for 26 chest and abdomen pain, a lacerated left arm and shortness of breath. 27 28 Passenger Vanny Dao who had been seated in the rear most seat of V-1, was transported to 29 John Muir Medical Center in Walnut Creek by Reach Helicopter. There, she was treated for a 30 contusion to her forehead, a bloody lip and pain to her face, neck, chest and lower back. 31 32 Passenger Amy Laysang who had been seated in the rear most seat of V-1, was transported to 33 Sutter/Delta Hospital in Antioch by American Medical Response. There, she was treated for 34 pain to her head, neck and left hip and abrasions to her left arm. 35 36 Passenger Yet Ly who had been seated in the rear most seat of V-1, was transported to 37 Sutter/Delta Hospital in Antioch by American Medical Response. There, she was treated for a 38 broken right pelvis and back and left arm pain. 39 40 P-2 (Hudson)complained of neck and back pain. He said he would seek his own medical aid. PREPA.RER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 10179 09/19/03 STATE OF CALIFORNIA NAHRAIMMAUEELEMENIAL -AGE DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD. NUMBER 06/02/03 1515 9320 010179 1 ON SCENE EMERGENCY P�',�SY)1VIVEL. 2 California Highway Patrol: 3 Lt. P. Fontana, #12544. 4 Sgt. B. Myers;#10684. 5 Sgt. K. Marsden, #14031. 6 Ofer. C. Kroger, #6100, 7 4fcr.. M. Mitchell, #10179. 8 Mr. J. Robinson, 414815. 9 Ofer. B. Marker, #16789. 10 Ofer. R. Thomas, 17413. 11 12 -Contra Costa County Sheriff's Department: 13_ Deputy T..Anderson, #42620, 14 Deputy D. Bullard, #42622.. 15 16 East Contra Costa Fire Protection District: 17 Battalion Chief 51: 18 D. Wahl. 19 20 Engine 152: 21 Capt. J. Foster. 22 Fire Fighter V. Quillici. 23 Fire Fighter R. Pesonen. 24 25 Engine 154: 26 Capt. M. Currier. 27 Engineer R. Ruddick. 28 Fire Fighter R. Fern. 29 30 Engine 157: 31 Engineer B. Helmick, 32 Fire Fighter M. Rezac. 33 34 California Department of Forestry Station 6: 35 Engineer N. Ciardella. 36 Fire Fighter S. Blakely. 37 Fire Fighter J. Cordier. 38 Fire Fighter A. Wilson. 39 40 PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 10179 09/19/03 STATE OF CALIFORNIA DATE Of INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER. 06/02/03 151.5 9320 010179 1 American Medical Response: 2 Supervisor 6: 3 C. Baun. 4 5 Unit 56: 6 Paramedic J. Nanjarrez, 7 Paramedic M.Fluke. 8 9 Unit 79: 10 paramedic D.Howerton. 11 12- Unit 99: 13 Paramedic G.Montgomery. 14 Paramedic N.Hendrix. 15 Paramedic D.Frazer. 16 17 Unit 632: 18 Emergency Medical Tech: G. Moran. 19 Emergency Medical Tech: D. Henderson, 20 21 Reach Helicopter 3: 22 pilot T. Kovac. 23 Registered Nurse K. Logee. 24 Paramedic M.McBride. PREPARERS NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 10179 09/19/03 STATE OF CALIFORNIA blARRADMEISURELEMENIAL DATE OF INCMENT nME NCTC NUMBER OFFICER T.D. NbUBER 46/42/03 1.515 9320 010179 1 :RIVER HISTORY: 2 P-Is (Nguyen) driver license was issued on 06/05/02 and expires on 01/11/07. It was a class 3 C, non-commercial with no endorsements. He had no departmental actions,;convictions, 4 failures to appear or accidents. At the time of this collision, P-I was legally licensed to drive 5 V-1, 6 7 P-2's (Hudson)driver license was issued on 49/12/96 and expires on 09/19/05. It was a class 8 C non-commercial with no endorsements. He had no departmental actions, convictions, 9 failures to appear or accidents. At the time of this collision, P-2 was legally licensed to drive 10 V-2. 11 12 PHOTO4;&I PHS 13 Three rolls of color photographs were taken at the scene by C.H.P. Sgt.K. Marsden, #14431. 14 Three rolls of color photographs were taken overhead at the scene-'by C.H.P. Air 3I's Officer 15 A. Frentzel, 413681. 16 17 On 06/14/03 C.H.P. Officer B. Land took three rolls of color photographs. Two of the rolls 18 were taken at the scene and the third was taken at the American Tow tow yard in.Concord of 19 both involved vehicles. 20 21 WEATHER, 22 When this collision occurred, it was during daylight hours. The weather was calm but warm 23 and the sky was cl�gr. 24 25 TIWE ITYFOURHOUR TIMELINE. 26 Can 06/02/03 at 1854 hours, I spore to Katie Nguyen, the wife of P-1 and mother of passenger 27 Kevin Nguyen, at utter/Delta Hospital in Antioch to ascertain where both had been during 28 the previous 24 hours. 29 30 On 46/41/43, she stated that P-1 got up at about 1044 hours and was home all day until 1900 31 hours where he left to go to work at a restaurant they own in San Francisco. At around 4430 32 hours the next morning,P-I returned home and slept from then to 1440 hours'. Between 1144 33 and 1240 hours, Mrs. Nguyen stated that her husband left to pick cherries. However, she 34 didn't know where, Mrs. Nguyen stated that her son, Kevin, was with her all day on 06/01/03 35 and with her and P-I all day on 46/02/03 until he left with P-I to pick cherries'. 36 37 On 06/02/03 at 2014 hours, I spoke to passenger Frank Tran's parents, Quen and Ngoc Tran, 38 at Sutter/Delta Hospital in Antioch to ascertain where he had been during the previous 24 39 hours. They stated that their son had been at P-I's residence the previous day at a barbecue 40 from around 1200 hours. At around 1900 hours, P-I drove Tran home and he went to bed. PREPARER'S NAME T.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL, 10179 09/19/03 STATE OF CALIFORNIA / DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER / 06/02/03 1515 9320 010179 1 Their son got up on 06/02/03 at about 0930 to 1030 hours and at 1100 hours, P-1 picked flim 2 up and they drove to P-I's restaurant. From that point on, Mr. And Mrs. Tran had no idea 3 what their son had done that day or where he had gone. 4 5 AppfflO11rAL LNFOIi WAT'ION. 6 A supplemental report was prepared by C.H.P. Officers B. Land and C. Childs. Their report 7 which is attached, is limited to the following: 8 1. Calculations to determine the pre-collision velocities of the involved vehicles. 9 2. Preparation of a dynamics diagram. 10 3. Preparation of a physical evidence diagram. 11 4. Documentation of photos taken. 1 13 STATEMENTSTVLSSENCE. 14 No statement had been obtained from P-I (Nguyen)due to his having sustained fatal injuries as a 15 result of this collision. 16 17 P-2 (Hudson)related that he was southbound on Walnut Blvd. traveling at approximately 45 to 18 50 m.p.h. and about 172 feet behind V-1. This distance was obtained after P-2 painted out a 19 reference point to me which I measured off with a roll meter. 20 21 At the location where Walnut Blvd. breaks off from the intersection with Vasco Road, P-2 said 22 that V-I's brake lights came on before V-1 made a right turn. He said that V-1 hien made an 23 immediate and abrupt u-tum back out into the intersection without stopping and directly in front 24 of his path of travel. At that point, P-2 said that V-1 was"pretty much perpendicular to me" and 25 that he never had a chance to apply his brakes. P-2 said his vehicle broad sided the left side of 26 V-I pushing it over to the location where both vehicles carne to rest. 27 28 After the impact,P-2 got out of his vehicle and came over to V-I's right side to see if its 29 occupants were okay. At that time, he said that a number of its occupants were already getting 30 out. P-2 then observed P-I slumped back and unconscious in the drivers seat of V-1, He said he 31 started to smell smoke, went around to V-2's left side and saw flames corning up from the left 32 front wheel well. P-2 tried to put the fire out but the flames were spreading to quickly. He said 33 he saw several other people pulling P-1 out of his vehicle and onto the southbound shoulder of 34 Vasco Road. He then tried to remove the acetylene tanks from the bed of his vehicle but was 35 unable to do so due to the intensity of the flames from the fire. P-2 added that the direction that 36 the two vehicles were facing at their points of rest, was"pretty much the way they were" when 37 the impact occurred. 38 39 Witness Fowler related that he was southbound on Walnut Blvd. north of Vasco Road traveling at 40 about 50 m.p.h. He said he was behind V-2 "realistically 1500 feet" and that V-2 was traveling at PREPARER'S NAME I,D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 10179 09/19/03 STATE OF CALIFORNIA NAB BA113LEISUEELEMENIAL DATE OF INCIDENT TIME NCIC NUMBER OFFICER T.D. NUMBER 06/02/03 1515 9320 010179 1 40 to 45 m.p. . with one other vehicle between them. Fowler then saw V-1 pulling out and . 2 making what he thought was a right turn from northbound Walnut Blvd. at Vasco Road. He 3 didn't see the impact between the two vehicles, but did see tire smoke which he believed was at 4 the point that the collision occurred. Fowler then saw V-2 pushing V-1 off to the left and off the 5 roadway. He stopped at the scene, went up to the two vehicles and found them already in flames. 6 7 After struggling with the right front door on V-1, Fowler said he was able open it and with the 8 assistance of other motorists, pulled out about five occupants from inside. Those occupants told 9 Fowler that there was an infant and another person still inside. Fowler tried to use an extinguisher 10 he had on the fire but stated that it did no good as the flames were to high and intense. 11 12 After the commotion had-died down,Fowler said he spoke to P-2 who told him that just prior to 13 the impact, V-1 had"whipped in here onto Walnut Blvd.,turned around and never stopped." 14 Fowler said he hadn't seen that. He added that the way the two vehicles were facing at their 15 points of rest was the way he had seen V-2 pushing V-1 off the road. 16 17 Witness Fahey related that he was southbound on Walnut Blvd, and about five vehicle lengths 18 behind V-2. There were no vehicles between thele he said they were traveling at 45 m.p.h. 19 Although he didn't know if V-1 was moving or stopped, Fahey said he observed V-1 northbound 20 on Walnut Blvd. south of the intersection and approaching the limit line at Vasco Road, Fahey 21 then saw V-1 pulling out into the intersection but hadn't seen if it had started a right or left turn. 22 When this occurred, V-1 was immediately broad sided by V-2 before both vehicles came to rest 23 on the east side of the intersection in a dirt field. 24 25 Fahey stopped at the scene, went up to both vehicles and found people getting out of V-1 from 26 the right front door. V-i then started on fire and it was then that the occupants who got out 27 informed Fahey that there were other people still inside. Fahey was going to attempt to pull V-1 28 away from V-2 with his flatbed truck but because the flames from the fire were so intense, he was 29 unable to do so. Another man he said had pulled P-1 out of V-1 at which time, Fahey assisted by 30 helping to move P-1 over to the southbound shoulder of Vasco Road. By that time, both vehicles 31 were engulfed in flames. Fahey stated that the way the two vehicles were facing at their points of 32 rest was"pretty much the way the impact occurred." 33 34 Following my on scene investigation, T contacted.witnesses Leung and Vuong at utter/Delta 35 Hospital in Antioch as well as passengers Tarn Nguyen, Amy Laysang and Yet Ly, 36 37 Witness Leung related that he was en route from San Francisco to Brentwood to pick fruit. 38 Although he didn't know what road they were on, he was following behind P-I's vehicle about 6 39 feet and both were traveling at about 50 to 55 m.p.h. He stated that P-1 had made a right turn 40 and then a u-turn before stopping at a stop sign. After stopping, P-1 pulled out into the PREPARER'S NAME I.D.NUMBER BATE REVIEWER'S NAME DATE M MITCHELL 1.0179 09/19/03 STATE OF CALIFORNIAblARRADMELSUEELEMENIAL AGE J DATE OF INCIDENT TIME NCIC NUMBER OFFICER T57' ' NUMBER ! 06/02/03 1.515 9320 010179 1 intersection and started to make a left turn. At that point, Leung was just coming to a stop at the 2 same stop sign. He then observed V-2 approaching him from his left at what he believed was a 3 speed of more than 60 m.p.h. and at a distance of more than two vehicle lengths from V-1. P-1 4 had almost completed his turn when his vehicle was struck on its left side by V-2. 5 6 At impact, bath vehicles slid into the field on what Leung said was on the far side of the road. 7 Leung stopped and went up to V-1 where he started screaming for its occupants to open the 8 doors. Passenger Tam Nguyen, seated in the right front opened his door and get out. However, 9 when Nguyen opened his door, Lung saw dark smoke corning from inside of V-1. He then told 10 the girls inside of V-1 to get out and they did. As soon as the girls got out, Leung got in and tried 11 to get the three remaining occupants out. None of them he said were moving except for 1.2 passenger Frank Tran who he believed was semi conscious. Leung said he was able to drab P-1 13 out and onto the ground but was unable to get passenger Kevin Nguyen out because he was stuck 14 in his car seat. He then tried to get Tran's belt off but was unable to get it unbuckled. Leung 15 went back to trying to get Devin Nguyen out and while doing so, heard an explosion behind him. 16 A fire had started to bum inside of V-1 and got so hot that Leung had to get out. Shortly 17 thereafter, he said that both vehicles went up in flames. Leung stated that both F-1 and passenger 18 Tran were friends of his and that he was following their vehicle when the collision occurred. 19 20 Witness Vuong related that he had been seated in the right front seat of witness Leung's vehicle 21 when the collision occurred. They were southbound on Walnut Blvd. north of Vasco Road 22 traveling at 30 to 35 m.p.h. as was P-1, and about half vehicle length behind P-I's vehicle. 23 Where Walnut Blvd. breaks off from Vasco Road, Vuong said that P-1 made a right turn followed 24 by a left tum before stopping at the stop sign. P-1 was stopped there for about three seconds 25 before making"a turn." Vuong then saw V-2 southbound on Walnut Blvd, traveling at"possibly 26 80 to 90 m.p.h."before it struck V-1. Just before the impact, he said that V-2 had swerved to the 27 left. Witness Leung stopped at the scene and both he and Vuong ran up to V-1 and tried to get 28 all of its occupants out. 29 30 At that point, Vuong saw flames coming from the hood of V-1. Tam Nguyen seated in the right 31 front seat opened his door and got out as did the three girls seated in the back of V-1. With the 32 assistance of witness Leung, the two pulled P-1 out from the drivers seat. Leung then went back 33 inside and tried to get passengers Kevin Nguyen and Frank Tran out but was unable to do so 34 because of the intensity of the flames and smoke from the fire. As soon as Leung got out of V-1 35 he and Vuong dragged P-1 over to the southbound side of Vasco Road. I asked Vuong if he 36 knew what the distance to V-1 was when he first saw V-2 approaching it, but he was unable to 37 say. 38 39 Passenger Tarn Nguyen related that they were on their way from San Francisco to pick fruit in 40 Brentwood. The first thing he remembered was a big truck hitting V-1 on its right side. He PREPARER.'s NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 10179 09/19/03 STATE OF CALIFORNIA BATE of INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 06/02/03 1515 9320 010179 1 remembered opening his door as well as someone else's. However, he had no recollection of 2 what occurred after that as he"blacked out." Nguyen stated that P-1 had been driving prior to 3 the collision and that P-I's son was also inside the vehicle. However, he had no knowledge of 4 where he himself or P-I's son were seated.. He also said that he had no knowledge of who else 5 was inside of V-1. Nguyen did recall that there was a fire inside ofV-1 but did not know when it 6 occurred. 7 8 Passenger Laysang related that she was in V-1 which was being driven by P-1 who she referred to 9 only as Kasim. She said that there were seven people in V-I but she had no ideawhere they 10 were, what direction they were traveling, or how fast they were going. However,P-1 was driving 11 straight and Laysang said that they were on their way to pick fruit but where that was, she didn't 12 know. Both-occupants in-the front were saying;, "Aren't we supposed to be going back on the 13 ether road?", *At that point, P-Lmade a u-turn to the left and stopped at a stop sign to wait for 14 either traffic to pass by. About 15 seconds later, P-1 pulled out to make what Laysang thought 15 was a left turn. The next thing she remembered was a lot of smoke inside of V-1'and the girls on 16 her left and right banging on the side windows in an attempt to get out. Laysang;said that she 17 climbed over a seat and was able to get her self out. She said she was very dizzy',and didn't really 18 recall what occurred after that. Laysang did see some people pulling P-1 away from V-I to a 19 location she said was"halfway across the road." 20 21 At that time, the front of V-I was completely engulfed in flames. And except for'P-1, Laysang 22 said she never saw anyone else get out of V-1. She added that when P-1 stopped at the stop sign, 23 she wasn't paying attention to the road. 24 25 Passenger Ly related that she was inside of V-1 which was being driven by P-1. They had just 26 finished picking cherries and P-I was making a left turn which she thought was really a u-turn. 27 She said she didn't remember V-I stopping but said she heard a scream from passenger Dao 28 seated next to her in the right rear, followed by an impact. There was smoke everywhere and Ly 29 heard passenger Dao say, "It's on fire." Passenger Dao was trying to open the right side door, 30 but it wouldn't ripen. Suddenly, Ly said that it opened and she along with passengers Dao and 31 Laysang were able to get out. 32 33 As she was getting out, Ly said she noticed that Passenger Tran who was seated in the middle 34 seat, was not moving and was covered with blond. After she got out, Ly said she limped away 35 from V-I as fast as she could. At that point, V-I's entire left side was on fire. Ly';said she didn't 36 see anyone pulling any of the occupants of'V-I out. She said that from the time that P-I made 37 the turn to the time of the impact was about two seconds. She added that she never saw the other 38 vehicle involved in the collision. 39 Passenger Dao's statement was obtained at John Muir Hospital on the day of this collision by 40 C.H.P. Officer K. Johnson, #10881. She related that she was seated in the farthest right rear seat PR.EPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 10179 09/19/03 STATE OF CALIFORNIA NARRAIMEISUEELEMENIAL DATE OF INCIDENT TIME NCIC:NUMBER OFFICER I.D. NN3ER 06/02/03 1515 9320 010179 1 ofV-1 which was being driven by her friend Kasim Nguyen. The passenger seated on her left was 2 Amy Laysang and seated next to Laysang was Yet Ly. They were on their way home from 3 picking cherries,but Dao did not know what had happened in regards to what caused the 4 collision. 5 6 QPVIQNNSi<C?NCL f S'.fON: 7 SOMME. 8 This collision occurred on the afternoon of June 6, 2003, at 1515 hours at the intersection of 9 Walnut Blvd. and Vasco Road in rural eastern Contra Costa County. At that time, traffic was 10 moderate, it was light outside and the weather was calm, warm and clear. Traffic conditions 11 were moderate due to the afternoon commute. 13 P-2(Hudson)was southbound on Walnut Blvd. north of Vasco Road traveling around 48 14 m.p.h. and behind V-1 a distance of what I believe was around 172 feet. 15 16 P-1 (Nguyen)was southbound on Walnut Blvd. north of Vasco Road traveling around 48 17 m.p.h. He and his passengers had come from San Francisco and Oakland and were en route 18 to the Brentwood area to pick fruit. 19 20 At some point, P-1 realized that he wanted to turn around and go northboundon Walnut 21 Blvd. It's not known if he was lost or if he had taken the wrong road but upon reaching the 22 intersection with Vasco Road, P-1 veered to the right as though he was continuing 23 southbound on Walnut Blvd. Almost as soon as he veered to the right though,P-1 made an 24 abrupt u-turn to the left and was now heading northbound on Walnut Blvd, 25 26 Upon reaching the stop sign at Vasco Road, it cannot be determined if he stopped briefly at 27 the limit line or if he continued on out into the intersection without stopping, due to 28 conflicting statements from P-2, involved passengers and witnesses. However, P-1 did pull 29 out into the intersection to start a left turn, doing so directly in front ofP-2's immediate path 30 of travel. 31 32 Because of the close proximity of the two vehicles to each other at that point, P-2 had no time 33 to take any kind of evasive action to avoid a collision. The front end of V-2 then struck the 34 left side ofV-I pushing V-1 in an easterly direction off the road and onto a dirt field. 35 36 At the time of impact, V-I's speed was 20 m.p.h. and the speed of V-2, 48 m.p.h. This was 37 based on the findings of Officers Land and Childs. 38 39 Shortly thereafter, a fire started underneath the vehicles in the engine areas engulfing all of V- 40 1 and the forward half of V-2. Four of the occupants inside of V-1 were able to get out but PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 10179 09/19/03 STATE OF CALIFORNIA NARRAMEIS EEL 'NE _NTA _ �+a f q DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 06/02/03 1515 9320 010179 1 because of injuries sustained, P-1 and passengers Devin Nguyen and Frank Tran, could not. 2 P-1 was pulled from his vehicle by witness Leung who also attempted to remove the other 3 two passengers. However, due to the intensity of the fire he could not get them out. 4 5 AREA OF IMPAC'. 6 The area of impact was obtained by C.H.P. Officers B. Land and C. Childs. It was determined 7 to be 34.9 feet west of the east roadway edge of Vasco Road/Walnut Blvd. and 83.6 feet 8 south of the north roadway edge prolongation of Walnut Blvd. (measured from the end of the 9 double yellow lines at the north edge of the intersection. 10 11 CA USE. 12 This collision occurred as a-dirrvct result ofP-1's (Nguyen)violation of 21802(A)V.C. (left 13 turn at an intersection,failure.to yield to_approaching traffic which is so close as to constitute 14 an immediate hazard until reasonably safe). This was established by the statements of P-2 15 (Hudson) and witnesses. 16 17 RELOMMENDAT'IONS. 18 None. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 10179 09/19/03 DATE OF COLLISION: 06-02-03 TIME: 1515 NCIC:9320 ID NUMBER: COMMERCIAL VEHICLE INSPECTION REPORT: SUPPLEMENTAL; THE CONTRA COSTA AREA CHI'OFFICE,REQUESTED THAT I CONDUCT A MECHANICAL INSPECTION ON A TWO AXLE FLAT BED TRUCK.,THAT WAS INVOLVED IN A FATAL COLLISION, SIB WALNUT BLVD.AT VASCO RD. THE INSPECTION WAS CONDUCTED TO DETERMINE IF ANY MECHANICAL DEFECTS CONTRIBUTED TO THE COLLISION. THE VEHICLE WAS INSPECTED AT AMERICAN TOW YARD(50I7C FORNI DR.CONCORD,CA. 14520). VEHICLE. VEHICLE-1 (2402 FORD 2 AXLE FLAT BED TRUCK,LICENSE#6T89623) STEERING. I WAS UNABLE TO CHECK THE STEERING MECHANISM DUE TO THE EXTENT OF THE COLLISON t FIRE DAMAGE. BRAKES: UPON A VISUAL INSPECTION, I FOUND THAT ALL DISC BRAKE PAD LINNINGS HAD SUFFICIENT MATERIAL, BRAKES WERE NOT DISSASEMBLED. DUE TO THE EXTENT OF THE FIRE DAMAGE,I WAS UNABLE TO CHECK IF THE BRAKES WERE FUNCTIONAL. TIRES. AXLE I,RIGHT AND LEFT SIDE TIRES WERE BURNED. AXLE 2,RIGHT SIDE DUAL TIRES WERE BURNED. AXLE 2 LEFT SIDE DUAL TIRES HAD FAIR.TREAD AND WERE AT LEGAL TREAD DIMENSIONS. WHEELS: ALL WHEELS WERE INTACT AND HAD NO VISUAL CRACKS. ALL WHEEL LUG NUTS WERE TIGHT. FRAME: THE FRAME APPEARED INTACT WITH NO OBSERVABLE CRACKS. 6-7 OPINIONS ANIS CONCLUSIONS: DUE TO THE EXTENT OF THE COLLISION/FIRE DAMAGE,I AM UNABLE TO DETERMINE IF A MECHANICAL DEFECT CONTRIBUTED TO THE CAUSE OF THIS COLLISION. SERGIO MORALES COMMERCIAL ENFORCEMENT OFFICER BATE. 06-09-03 DEPAR7,4SNT OF CALIFORNIA HIGHWAY PATROL DATS OF COLLISION TIME (2400) NCfC NUMBER C3FFICER I.D. NUMBER PAGE MO DAY YEAR SUPPL ENTAL i NARRATIVE os 02 03 �s2o ���7s s-�� � �s�s S-007-03 SUPPLEMENTAL PERSONNEL: Officer B. Land,#13046, Golden Gate Division MATT Associate Investigator Officer C. Childs, #13867, Golden Gate Division MATT Associate Investigator SUBPOENAS SHOULD BE MAILED TO: California Highway Patrol Golden Gate Division 1551 Benicia Road Vallejo, California 94591 Attention: Subpoena Clerk OEPAFtTlkEN C OF CALIFORNIA HIGHWAY PATROL rWkME OF COUL35iC3N TIME (2400iNClC NUM$ER OFFICER1.0. NUMBER PAGE DAY YEAR 5U�'F'L M AtTAL l NARRATIVE 02 03 4515 932040479 8-43 2 INTRODUCTION Notification Can June 6, 2003,Contra.Costa.Area CHP Lieutenant P. Fontana requested assistance with a fatal traffic collision investigation. The collision occurred on Vasco Road, at Walnut Avenue, in an unincorporated area of Contra Costa County. The collision involved a 2403 Toyota Sequoia and a 2002 Ford F-254 Flatbed. Contra Costa Area CHP Officer M.Mitchell,#14179,investigated the collision. Response On.June.10,20.03,Officer hand and.Officer Childs resporlded to the collision scene. Issues This investigation,which was prepared by.Officer Land, was limited to the following: • Calculations to determine the pre-collision velocities of the involved vehicles • Preparation of a dynamics diagram • Preparation of a physical evidence diagram • Documentation of photos taken Refer to Contra Costa Area CBP collision report number 6-13 DEPARTMeNT OF CALIFORNIA HIGHWAY PATROL DATA C7F COLLE$#t)N TIME {2dDD} NCIC NE3MBER OFFECER E.D. NUMBER [PAGE MOCK DAY YEAR SUPPLEMENTAL I NARRATIVE 06 111.42 03 1515 9320 it)173 6-i3 3 SCENE SURVEY Introduction The scene was surveyed on June 10, 2003. A Leica TCRA 1105 Plus,Total.Station Survey System(TSSS)with an optical reflector rod was used. Officer Childs configured the instrument for use and positioned the optical reflector rod. Officer Land recorded the survey notes. The instrument was set up on the east dirt shoulder of the intersection. This position is depicted on the Physical Evidence Diagram as"TSSS". A backsight was designated using a fence post located east of the TSSS position.. An azimuth of 0°00'00"was established between the TSS and the backsight. All locations were recorded from the origination point of the_nstru nientinunits of feet The data was converted to the Cartesian coordinate s;stern format and used to prepare the diagrams. Physical Evidence Descriptions Item#1 was identified as a tire friction mark, approximately 32.2 feet in length,which was deposited by the right rear tire of the ford. The corresponding survey point numbers were 109 through.111. Item#2 was identified as a tire furrow, approximately 31.2 feet in length, which was deposited by the right rear tire of the Ford. The corresponding survey point numbers were 111through 115. Item#3 was identified as a tire friction mark, approximately 9.1 feet in length, which was deposited by the right front tire of the Ford. The corresponding survey point numbers were 116 through 117. Item#4 was identified as a tire friction mark, approximately 1.5.7 feet in length, which was deposited one of the Toyota's front tires. The corresponding survey point numbers were 119 through 120. Item#5 was identified as a tire friction mark, approximately 68.6 feet in length, which was deposited by the left rear tire of the Ford. The corresponding survey point numbers were 123 through 129. Item#6 was identified as a tire friction mark, approximately 9.7 feet in length, which was deposited by the right front tire of the Toyota. The corresponding survey point numbers were 130 and 132.. Item#7 was identified as a gouge mark,approximately 6.4 feet in length, which was deposited by undercarriage components of the Toyota. The corresponding survey point numbers were 133 through 135. DEPARTMENTOF CALIFORNIA HIGHWAY PATROL DATE OF COLI N TIME{2400 NCiC NUMBER OFFICER CLt. NUMBER PAGE MO DAY YEAR SUPPLEMENTAL/NARRAVV 06 02 03 1 515 9320 €0179 6-43 4 Physical Evidence Descriptions (continued) Item#8 was identified as a gouge mark, approximately 6.6 feet in length,which was deposited by undercarriage components of the Toyota. The corresponding survey point numbers were 136 through 138. Item#9 was identified as a gauge mark, approximately 4.2 feet in length,which was deposited by undercarriage components of the Toyota. The corresponding survey point numbers were 139 through 141. Item#10 was identified as a gouge mark, approximately 5.2 feet in length,which was deposited by undercarriage components of the Toyota. The corresponding survey point numbers were 14.2 through 144. .Item#11 was identified as a gouge mark, approximately 3.3 feet in length,which was deposited by undercarriage components of the Toyota. The corresponding survey point numbers were 145 and 146. Item#12 was identified as a tire friction mark, approximately 14.5 feet in length,which was deposited by the left front tire of the Toyota. The corresponding survey paint numbers were 148 through 150. Item#13 was identified as a tire friction mark, approximately 18.7 feet in length,which was deposited by the left front tire of the Toyota. The corresponding survey point numbers were 133 and 134. Item#14 was identified as a scrape mark, approximately 55.7 feet in length,which was deposited by undercarriage components of the Toyota. The corresponding survey point numbers were 133 and 134. Item#15 was identified as a tire furrow, approximately 14.4 feet in length, which was deposited by the right front tire of the Ford. The corresponding survey point numbers were 117 through 118. bed wire fence anent cage It" ,.�,�.---'� Vasco Walnut x� Road BoulevardZ7W�lte sntra Costa CHF lea Collision #6-13 SCALE Iden Gate Division gull Q 1111 tse # Supp 007 — 03 0 5` 10' 20` 30' 40` 50- . ate and Time of Collision: the 2, 2003 at 1515 hours yawn by: D.K. Land #13048 DEPARTMENT OF CALIFORNIA HIGHWAY PATROL LWON TIME (2400) NCIC NUMBER OFFICER LD. NUMBER PAGE MO qAY YEAR SUPPLEMENTAL/NARRATIVE 05 02 03 4515 9620 10179 6-13 6 PHOTOGRAPH LONG Officer Land took the following photographs on Jane 10,2003. Roll numbers l and 2 were taken at the collision scene,and the roll number 3 was taken at American Towing. The photographs were taken with a Canon 35 mm, model EOS Elan 7 camera; equipped with a Canon 28-105 mm zoom lens. A Canon internal flash was used as necessary. The photographs were printed and the negatives were scanned to digital format. Two numbers and a subject description identify each roll of photographs. The first number refers to the roll number and the second number refers to the negative frame numbers. Rolf. Fra e-Nul m rs Nnler .,. 1 1 -24 Scene photos 2 1 -24 Scenephotos_ 3 1 -25 Photos of vehicles at American Tow Instructions for Obtaining Photographs: Requests for digital copies of photographs or the reproduction of negatives should be made directly to the following: California Highway Patrol—Contra Costa.Area 5001 Blum. Street Martinez,California 94553 X925} 646-4980 ........................ DEPARTA!ri37 OF CALtFt?RNEA hi3GHWAY PATRt3L DALE C1F Ct7LLtSK)N TIME {2400} NCIC NUMBER OFF#CER LD. NUMBER PAGE MO DAY YEAR SUPPLENfENTAL I NARRATIVE 06 132 03 1515 932ff 113175 6-13 PA? GF Introduction Calculations were undertaken to determine the pre-collision velocities of the involved vehicles. The methods deemed most appropriate were conservation of linear momentum. The results of the linear momentum analysis yield the velocities of the involved vehicles at impact. After the collision between the Toyota and the Ford.,both vehicles traveled across the paved roadway surface and onto the dirt and grass shoulder. The grass caught fire and both vehicles were severely burned. Both vehicles left little post-impact marking. However,based on physical evidence,the path of travel of the Forel was.more easily determined from area of impact to the area of rest. The vehicles moved similar distances and directions post impact. Eased upon the above factors, the post- collision velocity of the:Ford was calculated, as it was deemed more discernable'.. This calculated post-impact velocity was used for both vehicles. For calculation purposes only, Vehicle#I will be assigned to the Ford and Vehicle#2 will be assigned to the Toyota. Symbols a = Acceleration(fpsCs) -negative when decelerating d — Distance(ft)- f - Drag factor f R — resultant drag factor g — Gravitational constant (32.2 fpsls) V — Velocity(fp or mph) W - Weight of vehicle and its load W, — Combined weight of Vehicle#1 (Ford F250)and its load (lbs) W2 — Combined weight of Vehicle#2 (Toyota Sequoia) and its load(lbs) V{ - Pre-impact velocity of Vehicle##1 (fps) V1' — Past-impact velocity of Vehicle#1 (fps) V2 - Pre-impact velocity of Vehicle#2 (fps) V2' — Post-impact velocity of Vehicle#2 (fps) A _ 'Theta one,pre-impact direction of travel of Vehicle#1 (degrees) 01' - 'Theta one prime,post-impact direction of travel of Vehicle#1 (degrees) 02 — Theta two,pre-impact direction of travel of Vehicle#2 (degrees) 02' — Theta two prime,post-impact direction of travel of Vehicle#2(degrees) .KE — Kinetic Energy(foot-lbs) rn — Mass DEPAR`I M,ENT OF CALIFORNIA HIGHWAY PATROL (TATE OF COLLISION TIME (2490) NCIC NUMBER OFFICER I.D. NUMBER PAGE "k MO DAY YEAR SUPPL.Eht1ENTAL/NARRATIVE 06 02 03 1515 9320 10179 6.13 8 Calculations (Continued) Equations Conservation Of Linear Momentum(solved for Vehicle#2—Toyota, V WI sin O)'+V2'W2Sin®2' V2 W2 sin 02 Conservation Of Linear Momentum(solved for Vehicle#1--,Ford) _ Il'� l Co ros82 V2 cos 02 V _ W,cos9, Work-Enemy Theorem .1E=Wfd Kinetic Enery K.Em LMV2 DEPARTMENT OF CALIFORNIA HIGHWAY PATROL DATE OF COLLISION TIME 8ER OFFICER I.D. NUMBER PAGE MO DAY YEAR SUPPLEMENTAL t NARRATIVE 46 02 03 1515 9320 90479 6-13 9 Calculations (Continued) Vehicle Weights The involved vehicles were burned and therefore the original weights were altered significantly. The weight of the Toyota Sequoia was obtained from.the Canadian Association of Traffic Accident Reconstructions Website2. The Toyota's passenger weight was obtained by Officer M,Mitchell. The weight of the Ford was obtained from Carter Industries,the aftermarket manufacturer of the flatbed body. Upon completion of a vehicle build by Carter industries, the vehicle is weighed for registration purposes. The weights of the drivers were accessed from their California driver licenses. The following values were obtained: Vehicle#1(Ford), Vehicle#2 (Toyota) Manufacturer CATAIR website 5268 provided weight 8480 listed weight Driver weight 245 Total occupant weight 72.7 Total 8725 Lbs Total 5995 Lbs The vehicles weight distribution was unable to be obtained due to the burn damage. Pickups normally carry 60%of the weight on the front axle, however due to the body modification, the Ford was estimated to carry 25%of its weight at each wheel position. Roadway Coefficient of Friction Coefficient of friction values for the roadway surface, the dirt shoulder and rolling friction were obtained from SAE paper 830612, "F'ricti©n Applications in Accident Reconstruction," These values will be used to determine the post-impact velocities of the involved vehicles. 2 http://WWW.catair.net DEPARTMENT OF CALIFORNIA HIGHWAY PATROL DATE OF COLLISION TIME(2400) NCIC NUMBER DH-iuk:2 W- N21MBEi2 [�j�j MO DAY YEAR SUPPLEMENTAL/NARRATIVE 06 b2 i}3 1615 932t3 1{}179 6-53 Calculations (Continued) Post-Collision 'Velocities In order to complete the momentum analysis,the post-impact velocity of the Ford was calculated. The Ford's post-impact travel was based upon the physical evidence. After the impact,the Ford traveled across the asphalt concrete pavement{AC), and onto the dirt shoulder, where it came to rest. The following table uses the following formulas to calculate a post impact velocity for the Ford. Work-Energy Theorem KE=Wfd Kinetic Enemy 7 KE= mV' Post impact energy ref V-1 Ford F-250 SurfaceTire o total) Distance Energy UR AC siidin 2181.25 0.7f 68.6 10474373 P/F AC free rolling 2161.25 0.01 92.2 2011.11 OF AC free rolling 2181.25 0.01 90.6 1976.21 rolling R/R AC w/engine 2181.25 0.10 89.8 19587.63 resistance PIF AC sliding 2181.25 01.70 91 13884.56 R/R AC sliding 2181.25 0.70 32.2 49165.38 UR AC free rolling.__ 2181.25 0.01 39.8 868.14 OF Dirt free rolling 2181.25 0.01 48.2 1051.36 renting UR Dirt w/engine 2181.25 0.10 36.5 7951.56 resistance R/F Dirt free rollinq 2181.25 0.01 33.3 726.36 RIF Dirt sliding 2181.25 0.65 14.4 20416.50 R/R Dirt sliding 2181.25 0.65 31.2 44235.75 Total KE= 266638.18 V-I's post impact velocity= 44.36 feet per second 30.24 miles per hour Based upon the above calculations,the Ford's post-impact velocity was 44.36 fps (3€1 mph). This velocity will be used for both the Ford and the Toyota. OEPARTMFNT OF CALIFORNIA HIGHWAY PATROL DATE OF COLLISION TIME (2400} 460 NUMBER OFFICER IJDi NUMBER PAGE MO DAY YEAR SUPPLE I4 EN1CALINARRATIVE 06 02 03 9815 9320 10179 6-93 1l Calculations (Continued) Conservation of Linear Momentum Calculation The conservation of linear momentum formula for Vehicle#2 was used to determine the pre- impact velocity of the Toyota, and the conservation of linear momentum formula for Vehicle#1 was used to determine the pre-impact velocity of the Ford. The results produce the at-impact velocity for each vehicle. The pre-collision and post-collision departure angles for both vehicles were determined from the dynamics diagram. The pre-collision path of travel for Vehicle#1 (Ford)was assigned 0 degrees on the X-axis of a 360 degree coordinate system. The remaining angles are listed along with the remaining variables. tai (Ford) - 8725 lbs W2(Toyota) = 5995 lbs V1, (Ford) — 44.36 fps V12 ('Toyota) — 44.36 fps 61 (Ford) — 0 degrees 8'I (Ford) - 14 degrees 82 (Toyota) — 85 degrees 012 (Toyota) — 18 degrees Calculations V'j W1-sin(8't) + V'2-W2•sin(8'2) V2 — W2�sin(8,2) V2 = 29.44 fps V2 = 201.07 mph Based on the above calculations, the Toyota's at-impact velocity was 20 miles per hour. DEPARTMFNT OF CALIFORNIA HIGHWAY PATROL DATE OF COLLISION TIME (2400) NC1C NUMBER OFFICER I.C. NUMBER PACE £ MCC DAY YEAR SUPPLE'M6NTAL I NARRATIVE 06 02 03 1515 9320 10175 6.13 12 Calculations (Continued) V't•Wt•cos(8'l) + V2-W2'cos($'1) —V2N2'Cos(82) VI W1�cos 8t VI - 74.27 fps VI = 47.91 mph Based on the above calculations,the Ford's at--impact velocity was 48 miles per hour. DEPARTMENT O CALIFORNIA HEt,#iWAY PATROL DATE OF COLL'8" TIME{e�4t3a} n#C#C#EUfhB�R OFFICER I.D. NUMBER PACE MO OAY YEAR SUPPLEMENTALINARRATIVE 06 02 03 1515 9320 10179 6»13 13 Area of Impact The area of impact was determined from the dynamics diagram. The measurements were obtained from within the computer aided drafting software. The area of impact was determined to be 34.9' west of the east roadway edge of Vasco Road/Walnut Street and 83.6' south of the north roadway edge prolongation of"Walnut Street. (Measured from the end of the double yellow lines at the north edge of the intersection.) Dynamic: ..............0 ,,..,.CA .........y.,......_.......... ....�........_..{y.„.,,,�,C}«„,.„p3,..,,,.,,,,!:I............{5_...�,»..K>..........��.....<Y.^.......Cg,........{Y......__xr.... Walnut Boulevard Broken white line x SCALE 0'� 20'i 30' 40• 50' �rnoq STET 49 BOUZ z a�tr�p :110€4T oo iu amt pate CO -- Zoo ddnS # *ova stoMAI(t aTgf) aaPt" CT-B# tzo rx€[o;� waxy �7�tBA9jno dama a v-,ju$a In u Y 1 a�pa ��aatuanw _ aaT all peo 00seA acct all" a'ult a31'auatcxaaed E. atLaacted PaQ-� _ \ ...... ,.py M...,a»..... ....tom .w._.....s _.. ...._r....,. w.... .,...a.._.. wei6elc 9*097# WWI -A-a .Sq UAexq ezncq MT VO SOOZ "Z ounp Mels Yoh ;o otaq pU-0 alva 400 ddnS UOIBAIti a;ef) Uaplo!) JeA91nog InuleAA OUR peo�j Sault 91311 OVAA ul, Olt � b JOU � �7fo QOUOIajlC& pa .L@ ,_, »._ ..........rp»......��.,..._... ._.... ..........,�s......,.xs_._. sr...... .....,a>..........ax......_..'a..._.»,.x�x---_....: -___. —.......�s......._�ea-:.... W eiben Goug Physical Eviden ......,...4#«v....Ch..^^.d'S^^'.. J,Y^..«..�k'S._.........4......»,.. ,..._.._SFH�..........".4............::4...........,;Y_'_......IF:^"^^ ^^.?Y--.,..^k.M1...,..»...CP..........Y3-.w_....y�.......».,�p........,.c.n.._.....mY7.,..-.,.p._.. '�-Brentwo+ Livermor Walnut Boulevard q � s _. Brolcets onsite Ine p` !R SCALE 20, 30' 4C1' S{7' .s :tXOIUft({3a ;O aaql pUV51 8(( so -- ZOO ddns # *BUD UOYit ART OIV!J naproo sr-of uopTtroa gam }.IBn91no cma "MOD u�3 InuleM ���� �uausaara 110 Ao peoCj O3s8A apa -4uaMllblad A±° AM aST+Ci'�x 9-.in4 pgq .�--,�...*C+i. �w4';....�rq.7.,«......tl......m.p`.•.-+w•IS...-.+...iY....w:«. .. w.' »,..^:i...w.+-EY'. Ww....tA.«w....f1.........q....,w...fY.««.<J..ww M.+.......Y.w.....RI^*...._.lrr�...,.. HD S E, 3 Walnut iA Boulevard Broken white line 1 PROOF OF SERVICE BY MAIL C.C.P. § 1013 2 3 STATE OF CALIFORNIA,COUNTY OF SAN FRANCISCO 4 I, , am employed in the County of San Francisco, State of California. 5 I'am over the age of 18 and not a party to the within action. My business address is 480 5t'Street, San 6 Francisco, California 94108-4903. 7 On,December 8,2003, I served the following: GOVERNMENT CLAIM 8 by placing a true copy in a sealed envelope with postage fully prepaid and depositing with the United 9 States Postal Service for mailing at 360 Post Street, San Francisco, California to all interested parties 10 to the action as follows: I1 Clerk of the Board of Supervisors 12 651 Pine Street, Room 106 Martinez, Ca 13 14 (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the 15 United States mail at San Francisco, California. 16 -XK— (PERSONAL SERVICE)I caused such envelope to be hand-delivered to all parties to the action herein. 17 (FACSIMILE)I caused such document to be delivered by electronic transmitted to all parties t 18 the action herein. 19 (EXPRESS MAIL)I caused such envelope with postage thereon fully prepared to be placed in 20 the United States Mail at San Francisco,California. 21 I declare under penalty of perjury under the laws of the State of California that the above is true and 22 correct. Executed at San Francisco, California on December 8,2003. 23 24 25 26 Special T Representative 27 28 MINAMI L TAMAKI L L P DALE MwA l ATTORNEYS AT LAW GARRICK S.Lim DONALD K.'TAMAKI BRAD YAMAUCHI ROY H.IKEDA December 8, 2003 Vise Facsimile&2 335-1913 •MINETTE A.KWOK JACK Wo LEF Clerk of the Board of Supervisors WILLIAM C.KwoNG 651 Pine Street,Room 106 LISA DuARTE FuwxKcB SWAY Martinez,Ca PHILLIPS LYNDAWON-CHUNG Re. Katie Nguyen for the wrongful death of Tin Huu Nguyen,her SOLOMON WOLLACK husband and Kevin Nguyen,her son June 8,2003 pursuant to the t TASIIA A.YORozu California Tart Claims Act JOHN OTA Yu•YEE'Wu Dear Sir/Madam, AI MOR.I JANIGE K.Luo By way of introduction,this firm has been retained by Katie Nguyen *wed Speciaklist represent her in her government code claim against Contra.Costa County and the Nuimat),J California Department of Transportation for the incident(s)and irijuries described t AUo Witted below. to �n All notices regarding Katie Nguyen should be sent to MINAMI,LEW& of counsel TAMAKI,'LLP, 360 Post Street, 8t'Floor,San Francisco, California, 94108. WILLIAM HIROSE SusAN TAmuRA The facts which farm the basis of this claim is as follows: Tin Huu Nguyen, husband of Claimant and Kevin Nguyen,son of Claimant,were residents at 505 main offl,,: Vienna St., San Francisco,CA 94112. On June 8,2003 2002,Mr.Nguyen was 350:post street involved in a major accident on Walnut Blvd. And Vasco Road in an sth Floor unincorporated:area in the Contra Costa.County. Kevin Nguyen was a passenger in Union Square the vehicle which was driven by Tin Huu Nguyen. Attached is the relevant police San Francisco,CA report. 94108 Tet:415/788.9,000 The accident was due to a dangerous condition at that portion of the Fax:415-398-3887 roadway,the negligent design of that intersection,the failure to properly maintain the roadway and the failure to erect proper warning signs,among other negligent Los Gates Offlce: acts and omissions. 15450 Los Gatos Blvd. Suite 107 As a result of the accident,Mr.Nguyen died. The extent of special and Los Gatos,CA 95032 general damages are unknown at this time. Tel:415/788-9000 Fax:408/355-1481 Web:www.mltsf.com Clerk of the Board of Supervisors December 8,2003 Page 2 The jurisdiction of this matter would lie in Superior Court. If you have any questions or concerns,please feel free to give me a call. Sincerely, MINAMI,LEW&TAMAKI LLP 1 Dale Minami H:lDsleNANguyen.Katielgovteode.cec2.wpd ._.... .. . .__... .... __ _ .. ... ......... DEC. 8. 2083 3: 1OR MINAIVI I,EW & TAMAK4 P. 1 M.INAMI LEW TAMAKI �j. ALE MtNAMF 'o1l�i "AT`"T .. ~{ $¢ {Ili=cx ar UW DONALD X TAMAKi L' MY H.MDAt meter 8,2003 tAcx W.Lu Cleric of the Board of Supervisors r. WUAUMC.X*VX* 651 Fr=Street,Room 106 LAA D fAIIYR Martinez,Ca Ft MICS SIM Y PMAM Lwam WON-CAAM Re: Katie Nguyen for the wrongful death of Tin Huu Nguyen,her SOLOM"WOLLACK husband and Kevin Nguyen,her son June 8,2003 pursuant to the t TA5 c'k,Y**0ZU California Tort Claims Act 10MOrA YUNIlewu Dear Sir/Madam, At MM IAfRGR K.7.tt8 By way of introduce,this firm has been retained by Katie Nguyen represent her in her government code claim against Contra Costa County and the Law Califamia Department of Transportation for the ineident(s)and injuries described T r � e blow. All notices regarding Katie Nguyen should be sent to MINAMI,LEW� Of"WWI TAMAKI,UP,360 Past Street,r Floor, San Francisco,Californb4 91109. WUA Ae4 HMO$R SM"TAS The farcts which form the basis of this claim is as follows:Tin Huu Ngo, husbaml of Clamant and Kevin Nguyen,son of Claimant,were residents at 505 Mok offlM Vienna St.,Stan Francisco,CA 94112. On June g,2003 2002,Mr.Nguyen was 340 Dere acreee involved in a r*or accident on Walnut Blvd.And Vasw Road in an 20 Floor unincorporated am in the Contra Costa County. Kevin Nguyen was a Passenger in UsId"49at the vehicles which was driven by Tin Hutt Nguyen. Attached is the relevantpolice SM PMUIM'CA report 9410E " Pok 43s784-V00 The accident was due to a crus condition at that portion of the A.xr 41$-3973-3827 roadway,the negligent design of'that intersection,the failure to properly maintain the roadway and the failure to erect proper wanting signs,among other negligent Ur C,ua.Abut., acts and omissions. 16450 Loi Gam Blvd. Saito 107 As a result of the accident,Mr.Nguyen died. The extent of special and 1.i0#0"a CA 95032 general damages are unknown at this time. Tat.415%122-9M Fos.40111356=1411 �'4b: r.taltafc�n DEC, E. 2CC3 3, 10F MINAMI LEW & TAMAKI RAW I'. 2 ack Offt%KA Of$tiPaTimn EW"vftr k 2003 hp 2 The jurisdiction of this matter would lie in Superior COWL if you have any quesdow or Ctl terns,please feel free to give me a cell. Sincmiy, 4 MINAMI,L EW&TAMAICT LLP Dale Min+mi Yssw.tcM�NN��a.1c .ocez..rioe ' f _. .._.... ......__.... .__. _. . . . .. ......._.... .. __.. . _.. ........ ........ ....... __.. .......... ......... ......... ............ _. .. oDEC, °. 2003 3: I0PM MINAMI LEW & IAMAKI IND. 0646 P. 3 TRAFFIC CCL USION REPORT papt �, OW 5%C Pape t(PW M)OPI 00 MM ROM o" AMOM F!<su owm PRAW UNWCORBt)UTW DMTA Ad4iAtt 000 ruw��ww cower 1mramw air CMA 97 4i✓ l ;:� ax►RrcNoa� art +•o oar a+oe► +acrt. «rb, r 11VA�GOLD EVAt!£t 06/mm Ij13 9520 Al0iT9 fWL�+C1Lti#irhardOlR �► tow Mwaiwv sr fTrt t +orerivrµ #"KwwxiL NAUATM i T'. 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All Section references are to ) The copy of this document mailed to you is your California Government Codes. } notice of the.activn taken on your claim by the _ Board of Supervisors. (Paragraph IV below), give Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $3,000,000.00 CLAIMANT: JUDITH K. PHELPS ATTORNEY: ROBERT G. SCHOCK DATE RECEIVED: DECEMBER 09, 2003 .ADDRESS: LAW OFFICE OF ROBERT G. SCHOCK BY DELIVERY TO CLERK.ON: DECEMBER 09,_ 2003 1970 BROADWAY, SUI'T'E 1200 OAKLAND, CA 94612 BY MAIL POSTMARKED: DECEMBER 08, 2003 FROM: Cleric of the Board of Supervisors TO: County Counsel Attached is.a copy of the above-noted claim. DECEMBER' 09 2003 JOHN SWE T lark Dated: ' By: Deputy OF II. FROM: County Counsel TO: Clerk of the Board of Supe isors { This claim complies substantially with Sections 910 and ( ) 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: .Date �` � eB � Deputy County Counse III. FROM: Clerk of'the Board TO: County Counsel (1) County Administrator(2) ( } Claim was returned as untimely with notice to claimant(Section 911.3). IV ,80ARD ORDER: By unanimous vote of the Supervisors present: (0 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' �' HN SWEETEN, CLERK,, By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this ridtice was personally served car depositec in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: t�, / SWEETEN, CLERK By Deputy Clerk CLAIM AGAINST COUNTY OF CONTRA COSTA TO: The County of Contra Costa The County of Contra Costa Board of Supervisors Attn: Risk Management 651 Pine Street, Room 106 2530 Arnold.Drive, Ste. 35 r Martinez, CA 94553 Matrinez, CA 9455 RECEIVED Claimant: Judith K. Phelps DEC 0 9 2003 Claimant's Address: 2420 Fitzpatrick Street CLERK BOARD OF SUPERVISORS San Pablo, CA 94806 rli'W-D ACOSTA CO. Send Notices To: Robert G. Schock Law Office of Robert G. Schock 1970 Broadway, Suite 1200 Oakland, CA 94612 (510) 839-7722 Date of Injury: On or about December 11, 2001 claimant was involved in a serious accident and brought to Contra Costa Regional Medical Center. Surgery was thereafter performed on her ankle. From December 2001 on she continued to suffer severe and serious problems with her ankle. Finally on or about June 13, 2003,at Contra Costa Regional Medical Center, another surgery was performed. At that time it was discovered that there had been a retained foreign body as well as other problems. Claimant did not become aware of malpractice,nor could she become aware of the malpractice using reasonable diligence until after June 13, 2003 when she was given the foreign body and showed it to her brother, an attorney who suggested that she seek legal counsel. Place: Contra Costa Regional Medical Center 2500 Alhambra Ave. Martinez, CA 94553 Circumstances: Contra Costa Regional Medical Center, its employees and/- or agents negligently and carelessly provided medical care and treatment to said claimant, and failed to adequately in- form claimant of the risks of all procedures performed by them and others. Parties Causing Damage: Contra Costa Regional Medical Center, its employees and agents including but not limited to doctors,nurses, and other employees at Contra Costa Regional Medical Center. Damages: Claimant claims past and future loss, consisting of medical expenses, loss of earnings or earning capacity,pain and suffering, and disability amounting to three million dollars ($3,000,000.00). The nature of the injury by claimant as presently ascer- tained is serious physical injury to her ankle and areas adja- cent thereto and severe emotional distress as a result of the conduct of Contra Costa Regional Medical Center, its agents and/or employees. DATED: December 8, 2003 ROBERT G. SCHOCK, Attorney for Claimant RMITH K. PHELPS PROOF OF SERVICE BY MAIL RE: .TUDY PHELPS I declare that I am employed in the County of Alameda, State of California. My business address is 1970 Broadway, Ste 1200, Oakland, California 94612-2211. I am over the age of eighteen years and not a party to the within action. On this date I served a true copy of the following document(s): --, CLAIM -- in a sealed envelope with postage fully prepaid and depositing said envelope in the United States Mail at Oakland, California addressed as follows: The County of Contra Costa The County of Contra Costa Board of Supervisors Attn: Risk Management 651 Pine Street, Room 106 2530 Arnold Drive, Ste. 350 Martinez,CA 94553 Matrinez,CA 94553 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Oakland, California on December 8_ _, 2003. Erika He andez f a L Ciel- �n f` C". CY' g �L COO a � t...) cS1 a � LL LL- LL o77 c° CD CLAIM BOARD OF SUPE&V'ISO&S OF CONTRA COSTA COUNTY BOARD ACTION: JANUARY 13, 200 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section re �rerzces 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), give Pursuant to Government Code Section 913 and 915.4. Please nate all"Warnings". AMOUNT: IN EXCESS OF $25,000.00 AND WI'T'HIN THE .JURISDICTION OF THE SUPERIOR COURT CLAIMANT: WILLIAM GODFREY, KATHLEEN GODFREY ATTORNEY: .JOHN G. COWPERTHWAITE .DATE RECEIVED: DECEMBER 10, 2003 KAREN C. PAK ADDRESS: BE'NNEIT, SAMUELSEN, REYNOLDS & ALL Y'DELIVERY TO CLERK.ONDECEMBER 10,__2003 1951 W. WEBS`Z'ER ST. , SUITE 200 OAKLAND, CA 94612 BY MAIL POSTMARKED: DECEMBER 09, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SW ETE , Clerk Dated: DECEMBER 10, 2003 By; Deputy 11, FROM: County Counsel TO: Clerk of the Board of Sup6rvisors This claim complies substantially with Sections 910 and.Ql0.2. { } This Claim FAILS to comply substantially with.Sections 910 and 914.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 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: i „By'� Deputy County Counsc 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. OI�N 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 depositec in the mail to file a court action on this claim. See Government Code Section 945,6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *.For Additional Warning See Reverse Side of This Notice, AFFIDAVIT OF.MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:A vn=01=1 SWEETEN, CLERK By Deputy Clerk CLAIMREC i v TO: Clerk of the Board of Supervisors DEC `}. ' Contra Costa County 651 Pine St. Martinez, CA 94553 CLAIM AGAINST: COUNTY OF CONTRA COSTA Claimants: William Godfrey, Kathleen Godfrey Claimant's 1268 Greenbrook Dr. Address: Danville, CA 94526 Send Notices To: John G. Cowperthwaite Karen C. Pak Bennett, Samuelsen, Reynolds &Allard 1951 Webster St., Suite 200 Oakland, CA 94612 Date of Loss: December 13, 2002 Circumstances: Claims for equitable indemnity, partial indemnity and comparative indemnity arise out of a complaint that has been filed and served on the claimants in an action entitled Northern California Regional Liability Access Fund and Discover Reinsurance Company vs. County of Contra Costa et al. in the Superior Court of the State of California in and for the County of Contra Costa in action number CO3-02135. Parties Causing Damage: a) The complaint of plaintiffs Northern California Regional Liability Access Fund ("NCR") and Discover Reinsurance("DRC") in action CO3-02135 was filed on August 26, 2003. The complaint was served on claimants on October It 21, 2003. asserts facts arising out of water flowing over the banks of the San Ramon Creek allegedly damaging Charlotte Wood Middle School, located at 600 El Capitan Drive, Danville, California which is owned by San Ramon Valley Unified School District("District"). The alleged flooding occurred on or about December 1.2, 2002. The District was allegedly insured by NCR and DRC and due to alleged damage and destruction to the aforementioned real and personal property,NCR and DRC paid the Districta sum in excess of $3,749,099.13 in accordance with a policy of insurance issued by DRC and NCR. Injuries: b) The complaint of the plaintiffs asserts causes of action for negligence, trespass, and public and private nuisance. Claimants own property located at 1268 Greenbrook Drive in Danville, California 95354. Plaintiffs allege claimants have failed to maintain said creek, easements and easements offered for dedication and nearby area, from the unobstructed flow of storm water and all other water entering and flowing within said creek thereby causing damage to the school. c) Claimants deny liability for any alleged damages asserted by plaintiffs and further claim that if liability if found against claimants, then said liability is alleged to be due in part or whole to the acts of CONTRA COSTA COUNTY, CONTRA COSTA COUNTY STORM DRAIN MAINTENANCE DISTRICT, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, and the CONTRA COSTA STORM DRAINAGE DISTRICT. It is believed that CONTRA COSTA COUNTY, CONTRA COSTA COUNTY STORM DRAIN MAINTENANCE DISTRICT, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVAT10N DISTRICT, and the CONTRA COSTA STORM DRAINAGE DISTRICT have and had the duty of maintenance of said creek and the duty to comply with and enforce state laws, regulations, and ordinances related thereto. CONTRA COSTA COUNTY, CONTRA COSTA COUNTY STORM DRAIN MAINTENANCE DISTRICT, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, and the CONTRA COSTA STORM DRAINAGE DISTRICT negligently maintained the aforementioned creek which has accrued to the detriment of claimants, for which they seek indemnity. Damages: At present time claimants' injuries, damage and loss are set forth in general as follows: The losses incurred or which may be incurred with regard to plaintiffs' complaint include,but are not limited to all the costs associated with or incurred with regard to the loss of use, real and personal property damage, cleanup repair, replacement, and other associated expenses. Claimants do not know at this time the specific name or names of the public employee or employees causing the above said injury, loss or damage. Jurisdiction: Contra Costa County Superior Court, Unlimited Jurisdiction. The amount of this claim is in excess of$25,000 and within the jurisdiction of the Superior Court. DATED: December 9, 2003 Karen C. Pak BENNETT, SAMUELSEN, REYNOLDS &ALLARD Attorneys for Claimant i _ cC a o � ru ¢ O p t C7 r� tj v-4 cr- ci w `ri cr LU 41 .11 ai s: cn U L] z w ° ° to d h N 0 Q w df O 'w- 0 d 0 a o z nz Q W h N t� O N w O z Wr N z 0 Q �_ a 0 r LO a o a z z w - m