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MINUTES - 01202004 - C6
CLAIM T O EC?A OF SL�'ERV'IS � C}F CONTRA COSTA COUNTY BOAM ACTI0Ng8EA—Ry--20, 2004 Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all all"Warnings". AMOUNT: $1,400 00 CLAIMANT: MARIA ELLIS ATTORNEY: UNmowN DATE RECEIVED: DECEMBER 15, 2003 ADDRESS: 2425 CHURCH LANE, SPACE #22 BY DELIVERY TO CLERK.ON: DECEMBER 15, 2003 SAN PABLO9 CA 94806 BY MAIL POSTMARKED: DECEMBER 05, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE rk Dated: DECEMBER 15, 2003 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Sup,-Aisors (This claim complies substantially with Sections 910 and.S110.2. ( ) 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 910.0. ( } Claim is not timely filed, The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( ) Other: Dated: B y: 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. ,#QARD ORDER: By unanimous vote of the Supervisors present: ty This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Carder entered in its minutes for this date. Dated`4 "'!' f ' HN SWEETEN, CLERK, By _, Aaz , Deputy Clerk WARDING(Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this ndtice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of Your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: . + "JOHN SWEETEN, CLERK By Deputy Clerk Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA CC= INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing craps and which accrue on or before December 31, 1937, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of .action' for.death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with, the Clerk of the Hoard of Supervisors at its office in Room 106, County Administration Building, 851. Pine Street, Martinez, CA 94353• C. Tf claim is against a district governed by the Board of Supervisors, rather than the County, the rzne 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 .Mari 17 i R 1110 Against the County of Contra Costa ) DEC 15 2003 Or— � District) c s BOARD u�� sv'SoRs lfi .a.""aTTf✓ . R'i 1.1 in name The undersigned claimant hereby. rakes claim against the County of contra Costa or the above-named District in the SUM of $1 ,4Q,- and in support of this claim represents -as follows; 1. 'hen did the doge or injury occur? (Give exact date and hour) October 23, 2003 , . Thursday at 4 : O8PM 2. Where dial the damage or injury occur? (Include city and county) Collision occurred. on San Pablo Avenue at 23 feet North of .Vale Road, San Pablo City, Contra Crista County. 3. How did the damage or injury occur? (Give full details; use extra paper if required) When I was driving my car and stopped at the Signal Light, I was hit from behind by the on-duty Emergency Police car. 4. ghat particular act or omission on the part of county or district officers, servants or .employees caused. the.injury or damage`: Deputy Fuller caused. this cal-i-i°sioft by" ging. violation of California vehicle cede Sec. 21703 - Following too closely. He was unable to stop his car before hitting my car at the Signal Light. wrrat are the names of county or district officers, servants or employees causing the damage or injury? The driver is Mr. Richard Michael Fuller 5. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage. The dames e "was estimated at $1 ,400 .- Please s e the attached letter from HONDA OF EL CERRITO. 7. How was the amount claimed above commuted? (Include the estimated mount of any prospective injury or damage.) HONDA OF EL CERRITO, Mr. Larry Maxson, Finance Director estimated the damage of my car, Honda. Civic. 8. Names iand�addresses of witnesses., doctors and hospitals. Please see the attached Traffic Collision Report No. 2003- 0033 dated 10/23/2003 . 9. List�the iexpenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. '910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) orb some personon his.behalf." Name and Address of Attorney Cla' __ �t s Signature 2425 Church Lane Space 22 Address San Pablo, CA 94806 Telephone No. � Telephone No. N d T I C E Section 72 of the Penal. Code provides: t'Every person who, with intent to defrauds presents for allowance or for payment to any state heard or officer, or to any countyt city or district board or officer, authorized to allow or pay the same if .genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one-year't by a fine of not exceeding one thousand ($1,000) , or by both such imOriSOrlment and fine;"--or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such irprisorment and fine. _.. __ STATE OF CALIFORNIA TRAFFIC COLLISION REPORT CHP 555 CARS Page 1 (Rev 1-03)ON 061 Page 1 5 SPECIAL CONDITIONS w"BER MT d WN CITY Jlk7tClAt D1S7RICf LOCALR R°f NUYtBER ON-DUTY EMERGENCYVEWOLE *&kAm FElANY 0 SAN PABLO RICHMOND SUPERIOR. HiT6RN Cowry REPORTING DMtR= BEAT 2003-30033 0j� CONTRA COSTA TWO TWO O=SM OCCURRED ON: MO DAY YEAR TIME(2m) NCiC i OFFICER 3.a. SAN PABLO AVE.. 10/23/2003 1608 0711 956 DAY OF WEEK TOY•/AWAY PHOTOGRAPHS gY_ 7 NONE MILEPOST INFOPMATION: THURSDAY YES iX No BRAY 0956 ..J AT IMERSEGTKk1 WITH: STATE HWY REL X oft: 23 FEET NORTH OF VALE ROAD 1.0 YES X No PARTY DRIVEIM LICE MAS" STATE CLASS AIR BAG SAFETY EMIP. VEH.YEraFt MAO I MODEL I COLOR LICENSE M MSER STATE 1 B0571917 CA C G 2000 FORD CROWN VT Will 1033775 CA DRIVER NAwfgRw.Mloom#akSf} NCYVEHICLE RICHARD MICHAEL FULLER OWNER'S NAME SAME AS DRIVER PWES- STREETADDRESS CONTRA COSTA CO fTY SHERIFFS DEPART. TRUN 1980 MUIR ROAD DRroti=R PARKS CITY I STATE I ZIP VEHICLE MARTINEZ CA 945533 DISPOSITION OF VEHICLE ON ORDERS OF: j�OFFICER DRIVER El OTHER BICY- SEX HAIR EYFS }L€LGPiT WFJQ-ff Mo gIRSHDATE RACE DRIVEN CLr$T M BRN HLU 5-10 165 1/11/1954 yew W PRIOR MECH,DEFECTS NONE APP. ;X REFER TO NARRATIVE OTHER HOW PHONE BUSINESS PHONE VEHICLE IDENTIFICATICRV MAW": (510)262-4208 VEHICLE TYPE DESCRIBE VEHICt.,E DAMAGE SfNDE Ii DNUSAGEDAREA 0MRANCE CARRIER P.#CY4AmR Lt+IC X TICLNE L MINOR SELF-INSURED SELF INSURED Ol MoD M&IOR ROLL-OVER OIR OF TRAVEL7SAN STREET OR HIG;-WAY SPEED Lf/AIT CA DOT -- S PABTA AVE. 35 CA4T TCP/PSC ►ADAVDc PARTY DRflfER'S L NUMBER STAYS CLASS AOR BAG WtTY EOULP, VEH.YEAR MAKE I MODEL I COLOR LLCENSE NUMBER STATE 2 00376069 CA C M G 2000 HONDA CIVIC SLV 4DO197 CA DRIVER NAME(FtRST,MbF OLC LAST) MARIA.N DIA ELLIS OWNER%to" L l SAME AS DRIVER PEDES. 2425 CHURCH LANE #22 OYMER S ADDRESS i SAME A5 DRIVER PARKED CHYISTATEIZIP VEHICLE SAN PABLO CA 94806 DISPOSITION OF VEHICLE ON ORDERS OF: OFFICER DRIVER {OTHER IT alcY- SEX HALR EYES HELGH'T WEIGHT BIRTHDATE RACE DRIVEN lL_3t t� CLLST F T3LK BRO 5-0 135 M7124/1940 Year O PRIOR MECHANICAL DEFECTS NONE APP. REFER TO NAI4b4TIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NiNigER: 2IiGF..>j66#}"YH529017 (310)235-4954 VEHICLE TYPE DESCRIBE VEHICLE DAMAGE $MADE IN DAMAGED AREA INSURANCE CARRIER PDLICYNUMgER LNK NotaE X MINOR STA'T'E FARM 93237-F27-05A 01 MODL_tMROLLt-0VER OTR OF TRAVEL ON STREET OR HIGHWAY SPEED LTMTT CA _ -.�DOT S SAN PABI O AVT;. 35 CA-T TCPIP80 M"Aa PARTY DINER'S UCeNSE MNABEI 1-7 CLASS ATR BAG SAFETY EAUIP. YEHI.YEAR MAKE 1 MODEL 1 COLOR LICENSE MA+ABER STATE 3 1 DRIVER NAMORRST,MIDDLE,LAST)13 �^- C1�J1R-ER'S NAME ) 3 SAME AS DRIVER O OSISSMEEP ADDRESS 4 OWNER'S ADDRESSSAME AS DRIVER PARKED CtrYrSr`ATEIMP VEH�CYY DISPOSRTCXI OF vemeLE ON ORDERS OF: OFflCER DINER a, S1JC HAIR EYES HEIGHT WEIGHT' 8Ii"TE Mo Day Yaar E - PRIOR MECHAN DEFEC`IB NONE APP. EFER TO NARRATIVE OTHER HOMEPHONE BUSINESS PHONE VENLCLE IDENTIFICATION M1 NSM VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBERtRNIC NONE MINOR MOD MAJOR ROLL-OVER OLROPTIAVEL ONSTREETORHOHWXY SPEL t I' CA DOT CAL-T _ TCPlPSC mow PREPARER'S DISPATCHNOTIFIED REVSEWEWSNAME DATE RE.VTEVJED D.BRAY 95 YES NO WA STATE OF°CALIFORNIA TRAFFIC COLLISION CODING . CHP 555 CARS Paget(Rev.1-08)OPI 061 Page 2 of 5 DATE OF COLLISION(MO.DAY YEAR) 1tME(2t0O) =071C, OFFICER I.D. NUMBER 10/23/2003 1608 956 2003-30033 OVAIER OV0NER ADDRESS NOTIFIED PROPERTY fDYES El NO DAMAGE DEscRIPnoN OF DAMAeE SEATING POSITION SAFETY EQUIPMENT INATTENTION CODES OCCUPANTS L-AIR SAG DEPLOYED MIC BICYCLE-HELMET A-NONE IN VEHICLE M-AIR BAG NOT DEPLOYED DRIVER PASSENGER A-CELL PHONE HANDHELD 8-UNKNOWN N-OTHER V-NO X- B-CELL PHONE HANDISFREE C-ELECTRONIC EQUIPMENT C-LAP BELT'USED P-NOT REQUIRED W-YES Y-YEE S D-RADIO 1 CO 1 2 3 1-DRIVER D-LAP BELT NOT USED E-SMOKING 2 TO B-PASSENGERS E-SHOULDER HARNESS USED CHILD RESTRAINT S F-SHOULDER HARNESS NOT USED EJECTED FROM VEHICLE F-EDITING 7-STA.WGN REAR Q-IN VEHICLE USED G-CHILDREN B-RR.OCC TRK.OR VAN R-IN VEHICLE NOT USED G-LAP/SHOULDER HARNESS USED 0-NOT Y EJECTED tJ H-ANIMALS H-LAPISHOULDER HARNESS NOT USED i-FULLY EJECTED 9-POSITION UNKNOWN S-IN VEHICLE USE UNKNOWN 2-PARTIALLY EJECTED 1• PERSONNEL HYGIENE J•PASSIVE RESTRAINT USED 0-OTHER 7-IN VEHICLE IMPROPER USE J-READING K-PASSIVE RESTRAINT NOT USED U-NONE IN VEHICLE 3-UNKNOWN K-OTHER ITEMS MARKED BELOW FOLLOWED BY ARE ASTERISK r)SHOULD BE EXPLAINED IN THE NARRATIVE. PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES 1 2 3 spEC1AL INFORMATION MOVEMENT PRECEDING LISP NUMBER(0)OF PARTY AT FAULT 3 COLLISM 1 VC SECTION VIOLATED: CITED QYES X A CONTROLS FUNCTIONING A HAZARDOUS MATERIAL A STOPPED A 21703 8 CONTROLS NOT FUNCTIONING' IS CELL PHONE HANDHELD IN USE IS PROCEEDING STRAIGHT B OTHER IMPROPER DRIVING. C CONTROLS OBSCURED IC CELL PHONE HANDSFREE IN USE I C RAN OFF ROAD D NO CONTROLS PRESENT 1 FACTOR• X X 10 CELL PHONE NOT IN USE ID MAKING RIGHT TURN C OTHER THAN DRIVER* TYPE OF COLLISION E SCHOOL BUS RELATED I JE MAKING LEFT TURN D UNKNOWN' A HEAD-ON F 75 FT MOTORTRUCK COMBO F MAKING U TURN S SIDE SWIPE Q 32 FT TRAILER COMBOQ BACKING )( C REAR END H X H SLOWING I STOPPING WEATHER (MARK 1 TO 21TEMS) D BROADSIDE 1 I PASSING OTHER VEHICLE X A CLEAR E HIT OBJECT J J CHANGING LANES 8 CLOUDY F OVERTURNED K K PARKING MANEUVER C RAINING O VEHICLE/PEDESTRIAN IL L ENTERING TRAFFIC D SNOWING H dTHsr: M M OTHER UNSAFE TURNING E FOG/VISIBILITY FT. N N XING INTO OPPOSING LANE F OTHER:* MOTOR VEHICLE INVOLVED WITH 10 O PARKED ® WIND A NON.COLLISION p P MERGING LIGHTING 8 PEDESTRIAN Q Q TRAVELING WRONG WAY X A DAYLIGHT X IC OTHER MOTOR VEHICLE OTHER ASSOCIATED FACTORS R OTHER•: S DUSK-DAWN D MOTOR VEHICLE ON OTHER ROADWAY 1 2 3 (MARK 1 TO 2 ITEMS) C DARK-STREET LIGHTS E PARKED MOTOR VEHICLE A VC WCnON WOLATm: cm OYES D DARK-NO STREET LIGHTS F TRAIN Np E DARK-STREET LIGHTS NOT 0 BICYCLE 8 vc WriON vrouTM: CrteD YES FUNCTIONING` H ANIMAL: 8NO SOBRIETY 4 DRUG SURFACE Vc SECTION ViOIATm CMD PHYSICAL X A DRY I FIXED OBJECT: C 8 YES 1 2 3 (MARK i T02 ITEMS) B WET D X JA HAD NOT BEEN DRINKING C SNOWY-ICY J OTHER OBJECT: E VISION OBSCUREMENT: B FIBD-UNDER INFLUENCE D SLIPPERY(MUDDY,OILY ETC.) F INATTENTION•: C HBD-NOT UNDER INFLUENCE' ROADWAY CONDITIONS) G STOP&GO TRAFFIC D HBD-IMPAIRMENT UNKNOWN* (MARK 1 TO 2 ITEMS) PEDESTRIAN'S ACTIONS H ENTERING/LEAVING RAMP E CINDER DRU",INFLUENCE` A HOLES DEEP RUT' X ANO PEDESTRIANS INVOLVED l PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL• 8 LOOSE MATERIAL ON ROADWAY' 8 CROSSING IN CROSSWALK J UNFAMILIAR WITH ROAD 0 IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' AT INTERSECTION K DEFECTIVE VEH,EQUIP.: CITED t H NOT APPLICABLE D CONSTRUCTION-REPAIR ZONE C CROSSING IN CROSSWALK-NOT YES t SLEEPY 1 FATIGUED E REDUCED ROADWAY WIDTH AT INTERSECTION a NO F FtOODETY D CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE __�... cs OTHER':, ` , • . E IN ROAD-INCLUDES SHOULDER M OTHER*: X H NO UNUSUAL CONDITIONS I IF NOT IN ROAD X X I IN NONE APPARENT {i APPROACHING/LEAVING SCHOOL BUS 10 RUNAWAY VEHICLE SKETCH I I t4L MISCELLANEOUS i V1 E <NW,A.. STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 3 OF 5 DATE QP INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 10/2 /2003 1508 0711 955 2003-30033 1 NOTIFICATION 2 3 On the listed date and time, I was driving a marked San Pablo Police car E/B on Vale Road 4 approaching the intersection of San Pablo Ave. As I entered the intersection to precede NIB on 5 San Pablo Ave., I saw Deputy Fuller motion for me to pull over to his location. At that time it 6 became apparent to me that there had been a vehicle collision between deputy Fuller's vehicle 7 and a silver Honda directly in front of him. All times, speeds and measurements found in this 8 collision are approximations. Measurements were made with a roll-a-tape. 9 10 STATEMENTS 11 12 Both parties moved their vehicles from the roadway for safety. I contacted both parties in the 13 employee parking lot for the Casino San Pablo. 14 15 DRIVER 'I (DEPUTY FULLER)told me that he was SIB on San Pablo Ave. in the#1 lane 16 following V1. Their speed was estimated at less than 35 mph. As both vehicles approached the 17 signalized intersection of Vale Road and San Pablo Ave., Deputy Fuller was looking left and right. 18 When he looked forward again V1 had stopped for the light at Vale Road that had just turned 19 yellow. Deputy Fuller applied his brakes in an attempt to stop. The anti lock braking system did not 20 operate properly causing the front wheels to lock up and skid. The front of V2 then impacted the 21 rear of V1 at a speed estimated at less than 5 mph. 22 23 DRIVER 2 (ELLIS) provided me with the attached written first person statement. In addition D2 24 told me that she was not injured and that she did not need any medical assistance at this time. 25 Refer to the attached statement for details. 26 27 28 f REPAR , I.D.NUMBER DATE REVI#=V EER'S NAME-- DATE D. BRAY.. 956 1012312003 0H "' STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 4 OF 5 DATE OF INCIDENT TIRE NCIC NU ER OFFICER 1.5. NUMBER 1012312003 1608 0711 956 2003-30033 1 SUMMARY 2 3 P2 was S/8 on San Pablo Ave. in the#1 lane traveling at a speed less than the posted 35 mph 4 speed limit. P2 was followed by P1 driving an on duty emergency vehicle. As the two vehicles 5 neared the signalized intersection of Vale Road the light for their direction, cycled to yellow. P2 6 applied her brakes in order to stop for the pending red light. P1 was looking to his left and right at 7 that precise moment V2 began to slow and he did not see that the vehicle ahead of him was 8 stopping. When he did realize that V2 was stopping he applied his brakes',in an attempt to avoid 9 V2. The front brakes skidded briefly before V1 impacted the rear of V2 and a speed estimated to 10 less than 5 mph. After the collision both parties pulled their vehicles out of the roadway to a safe 11 location. 12 13 AREA OF IMPACT 14 15 The A01 was established by the involved parties' statements as 38 feet E/of the W/CL of San 16 Pablo Ave. 23 and feet N/of the N/CL prolongation of Vale Road. 17 18 CAUSE 19 20 P1 (DEPUTY FULLER) caused this collision by being in violation of Califomia Vehicle Code 21 Section 21703 - Following too closely. 8y following V2 too closely P1 was unable to react in time 22 to the sudden stop of V2 for the signal light change. The cause was established by statements, 23 and damage to the involved vehicles. PREPA I.D.NUMBER LATE REVIEWER'S NAME DATE D. 8 956 10/23/2003 � ° v vs .� w CHECK IF SUSPECT CHECK IF PROP/EVID CHE K IF MORE NAMES� CASE 0 CLOSED 0 PEND SHEET ATTACHED IN CONTINUATION STATUS 0 SUSPENDED 0 UNFOUNDED -r * !�.E, '!�, '"► +� air.. fit' '*'h►.► �"` wa..*w.. ,�. """��' �1 f ENTERED COPIES 0 CHIEF 0 PATROL 0 DET El OTHER AGENCY 0 OTHER ROUTING TO: .. •. HONDA CSF ELC ERRITO 11755 San Pablo Avenue E!Cerrito,California 94530 (510)412-6100 To'Whom It May Concern: I arra writing this correspondence at the request of Maria Ellis. Ms. Ellis purchased a vehicle from Honda.of El Cerrito on October 31", 2003 and subsequently traded in her 2000 Honda Civic. Ms. Ellis visited Honda.of El Cerrito in response to a guaranteed trade-in offer for her 2000 Honda Civic, guarantying her a percentage of the original Manufacturer's Suggested Retail Price, less any excess wear and tear including any prior repaired damage. She disclosed to us that her car was damaged in an accident with a law enforcement vehicle. The damage was estimated at$1400.00. This amount was deducted from the value she received. The vehicle she traded in has VIN##2HGEJ66IXYH529017. 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Please note all"Warnings", AMOUNT: $4,000,000.00 CLAIMANT: -,HE DANVILLE STATION HOMEOWNERS ASSOCIATION AGAINST THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER. ATTORNEY: CONSERVATION DISTRICT DATE RECEIVED: DECEMBER 15, 2003 MATTHEW ALAN CEBRIAN ADDRESS: ERICKSEN, ARBUTHNOT, KILDUFF, BY DELIVERY TO CLERK ON:DECEMBER 15, 2003 DAY & LINDSTROM, INC. 155 GRAND AVENUE, SUITE 1050 BY MAIL POSTMARKED: DECEMBER ill 2003 CA 94612 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DECEMBER 15, 2003 JOHN SWEE E 1 rk Dated: By: Deputy 11, FROM: County Counsel TO: Clerk of the Board of Supe isors This claim complies substantially with Sections 910 and.%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 clays(Section 914.8). ( } Claim is not timely filed, The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3), ( } Other: Dated _ J B A - Lga� ,. D ut County Counst ISI. 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 rejecters in full, ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: , JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 13} Subject to certain exceptions,you have only six(6)months from the date this adtice was personally served or deposite< in the mail to file a court action on this claim, See Government Code Section 545.6. 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. *:dor Additional Waming See Reverse Side of This Notice, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all tunes herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: F JOHN SWEETEN, CLERK By Deputy Clerk ff Oakland San Francisco San Jose Los Angeles Fresno Bakersfield Sacramento Riverside Walnut Creek Ericksen, Arbuthnot, Kilduff, Day & Lindstrom,Inc. C ,r00 Attorneys at Laws ' Preston N.Ericksen 19221-1997 Robert M.Arbuthnot Retired Please reply to Oakland Oakland 1.55 Grant's Avcnue Suite 3050,94612 (510)8,12-7770 FAX(510)832-0102 December 12, 2003 San Francisco 111 Sutter Street Scute 575,94104-4504 (415)362-71-26 FAX(475))362 302-6407 S'The Clerk of the Board of Supervisors The Board of Supervisors of Contra Costa County Los Angeles Room 106, County Administration Building 835 Wilshire Boulevard 51'Flag,90017-2603 651 Pine Street (213)489-4411 FAX(213)489-4332 Martinez, CA 94553 Sacramento 100 Howe Avenue Re: The Danville Station Homeowners Association Against Suite 1105,95825-8201 The Contra Costa County Flood Control and Water (916)48.3-5181 ✓ FAX(916)483-7558 Conservation.District San rose 352 North Third Street The undersigned claimant hereby makes claim against the County of Contra Sue 700,9,+112-5660 (408)286-0880 Costa County or the above-named district in the sum of 4 Million Dollars and FAX(408)286-0337 in support of this claim represent as follows: Fresno 2440 eves.Shag;Avenue 1. The damage or injury occurred on October 2'7, 2003. Suite 101,93711-3300 y (559)449-2600 2. The injury occurred in the County of Contra Costa. FAX(.5.59)449-26(33 3. The facts surrounding the injury are as follows: On or about august 27, Bakersfield 2003 Northern California Regional Liability and Discovery Reinsurance 1530 Truxtun Avenue Company filed a law suit against various public and private entities for Suite 200,93301-5022 6(661 33-50810 FAX633--5089 the damages suffered by a school which was flooded on December 16, 2002. Among those included in the initial suit was the Danville Station Riverside Homeowners Association. On November 5, 2003 Scott McHugh 4129 Main Street y Suite 200,92.501-3629 Sharon McHugh and The McHugh Family Trust filed a cross-claim FA(X 0(906,8232240 13 against a number of entities including the Danville Station Homeowners Association. Finally on November 14, 2003 the County of Contra Walnut creek Corporate Administration Costa, and the Contra Costa County Flood Control and Water 570 Lesvoon Lane Conservation District filed a cross-claim against various private entities Walnut Creek,CA 94596 (92..5)947-1702 and individuals including the Danville Station Homeowners FAX(925)947-4921 Association. All claims seek damages arising out of the flooding that ti wr .eaxai.corP, took place on December 16, 2002. Clerk of the Board of Supervisors Re: The Danville Station Homeowners Association December 12, 2003 4. The county failure to adequately maintain the San Ramon Creek caused in part or in total the flooding of the school. As a result of the school's flooding the Danville Station Homeowners Association has been named as a defendant in no less than three lawsuits. 5. The names of the district officers, servants, or employees who caused these damages are not currently known. 6. The Danville Station Homeowners Association has been sued for 4 million dollars by the school district, the County of Contra Costa, and the Contra Costa County Flood Control and Water Conservation District have a duty to indemnify the Danville Homeowners Association for anv losses incurred as a result of this lawsuit including but not limited to settlements,judgments, costs, and attorneys fees. 7, The Danville Station Homeowners Association has calculated its damages by the amount requested by the plaintiffs' complaint. S. The names and addresses of potential witnesses in this matter have not yet been determined. 9. The expenditures made on account of this lawsuit are not currently known. If you should have any questions concerning this matter, or this claim please do not hesitate to contact our office. Very truly yours, SRG1CKS1'N-,-ARBUTHNOT, KILDUFF 4_, Y LI & LIND OMXKC— MATTHEW ALAN CEBRIAN cis � L <5C Im E O :u17- d c� u3 („) •5 d :t3 h cc coLO . LO in c`rs> cj) tum � cc�u Um c ELL . fly v = 0 , Rf c`s i ZR A }.a g O R. y TJ i. � � yd � w C q w CLAIM ( BQARD F SCJpERVISQRS OFCC3NTRA COSTA CO UNT'Y • BOARD ACTIOJANUARY 20, 2034 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: $4,000,000.00 CLAIMANT:THE DANVILLE'STATION HOMEOWNERS ASSOCIATION AGAINST THE COUNTY OF CONTRA COSTA ATTORNEY:MATTHEW ALAN CEBRLAN DATE RECEIVED: DECEMBER 15, 2003 ADDRESS: ERICKSEN, ARBUTHNOT, KILDUFF BY DELIVERY TO CLERK.ON: DECEMBER 15, 2003 DAY & LINDSTROM, INC» 155 GRAND AVENUE, SUITE 1050 BY MAIL POSTMARKED: DECEMBER 11, 2003 CA. 94612 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET , Dated: DECEMBER 15, 2003 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supe sors (�"`,,.�j This claim complies substantially with Sections 910 and.S110.2. { ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for I5 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( ) Other: � . r Dated By. r° - _ 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). IV./BOARD ORDER: By unanimous vote of the Supervisors present: (vY This Claim is rejected in fall. ( ) Other: I certify that this is a true and correct'copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK., By , Deputy Clerk WARNING(Gov. code secti 913) Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or deposite( in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 1S, 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: 1"IN SWEETEN, CLERK By Deputy Clerk Oakland San Francisca ,-- San Jose Los Angeles Fresno Bakersfield $i Sacramento RiversideDEC 15 200 Walnut Creek CLERK BbARrJ OF y cONTR cis a 66vtsc� s Ericksen, Arbuthnot, Kilduff, Day &z Lindstrom, Inc. Attorneys at Law Preston N.Ericksen 1921-1997 Robert M.Arbuthnot Retired Please reply to Oakland Oakland y �} 155 Grand Avenue December 12, 2003 Suite 1050,94612 (510)832-7770 FAX(510)932-0102 San Francisco The Clerk of the Board of Supervisors III Sutter Street Site 575,94104-4504 The Board of Supervisors of Contra Costa County (415)-1)362-6401 y 26 FAX(415)362 Room 106, Count Administration Building 651 Pirie Street Los Angeles Martinez, CA 94553 835 Wilshire Boulevard 51,Floor,900I7-2603 (213)489-4411 FAX(213)499-4332 Re: The Danville Station Homeowners Association Against The County of Contra Costa Sacramento 100 Howe Avenue Suite.1,os, 525-82e1 (916)483-3-5181 � g J The undersigned claimant herebymakes claim against the County of Contra FAX(916)493-7559 Costa County or the above-named district in the sum of 4 Million Dollars and San Jose in support of this claim represent as follows: 152 North Third Street Suite 700,95112-5660 1. The damage or injury occurred on October 27, 2003. FAX(409)286-03.37 2. The injury occurred in the County of Contra Costa. Fresno 3. The facts surrounding the injury are as follows: On or about august 27, 2440 West shave-Avenue g e suite,01 93711-3300 2003 Northern California Regional Liabilityand Discovery Reinsurance , (559)449-2600 Company filed a law suit against various public and private entities for FP_X(559)449-2603 the damages suffered by a school which was flooded on December 16, Bakersfield Avenue 2002• Among those included in the initial suit was the Danville Station 1830 T Suite 200,93301-5022 Homeowners Association. On November 5, 2003 Scott McHugh, FAX(661) 305099 Sharon McHugh and The McHugh Family Trust filed a cross-claim against a number of entities including the Danville Station Homeowners Riverside Association. Finally on November 14, 2003 the County of Contra 4129 Mair.Street Suite 200,92501-3629 Costa, and the Contra Costa County Flood Control and Water FA(X(so682-3246 13 Conservation District filed a crass-claim against various private entities and individuals including the Danville Station Homeowners Walnut creek Corporate Administration Association. All claims seek damages arising out of the flooding that 570 Lennon Lane P Walnut Creek,CA 94598 tools lace on December 16, 2002. (925)947-1702 4. The county failure to adequately maintain the San Ramon Creek caused FAX(925)947-4927 in part or in total the flooding of the school. As a result of the school's www.eakdl.com Clerk of the Board of Supervisors Re: The Danville Station Homeowners Association December 12, 2003 5. The names of the district officers, servants, or employees who caused these damages are not currently known. 6. The Danville Station Homeowners Association has been sued for 4 million dollars by the school district, the County of Contra Costa, and the Contra Costa County Mood Control and Water Conservation District have a duty to indemnify the Danville Homeowners Association for any losses incurred as a result of this lawsuit including but not limited to settlements,judgments, costs, and attorneys fees. 7. The Danville Station Homeowners Association has calculated its damages by the amount requested by the plaintiffs' complaint. 8. The names and addresses of potential witnesses in this matter have not yet been determined. 9. The expenditures made on account of this lawsuit are not currently known. If you should have any questions concerning this matter, or this claim please do not hesitate to contact our office. Very truly yours, ERICKSEN, A THNOKILDUFF Y & LINDSTRO 11C. MATTHEW ALAN CEBRIAI�-- �-- -' N i Vol c 4 n O LD y CD t2 Com' ' (D OCn C4 }. Lo ' r- '�C3 CXR CD 0 r. -2 03 CP. �,. rn Cyr a j �l rte- too?"��� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOAR.D'ACTION: JANUARY20,_ 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 ten on your claim by the Board of Supervisors. (Paragraph IV below), giver. Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: UNKNOWN CLAIMANT: GUDELIA HURI`ADO ATTORNEY: THOMAS C. CROSBY DATE RECEIVED: DECEMBER 15, 2003 ADDRESS: CROSBY & ROW-ELL BY DELIVERY TO CLERK.ON: DECEMBER 15, 2003 1939 HARRISON STREET, SUITE 825 OAKLAD, CA 94612 BY MAIL POSTMARKED: DECEMBER 11, 2003 FROM: Clerk of the.Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim.. JOHN SWEETE C Dated: DECEMBER 15, 2003 By: Deputy IL 'FROM: County Counsel TO: Clem.6f the Board of Supervise s ( ) This claim complies substantially with Sections 910 and X10.2. This Claim FAILS to comply substantial) with Sections 910 and 910.2, and we are so notifying claimant. The E ,_ P �' y �'� g ' 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: l7eputy County Counsel III. FROM: Clerk of the Beard TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IVA, 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: a +t!�-L_HN SWEETEN, CLERK, By , Deputy Clerk WARNING (Gov. code sec on 913) Subject to certain exceptions, you have only six (6) months from the date this'ndtice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown.above. Dated:9!tze,., 1 -040 JOHN SWEETEN, CLERK By Deputy Clerk OFFICE OF THE COUNTY COUNSEL "" .e, SILVANO B.MARCHESI COUNTY OF CONTRA COSTA COUNTY COUNSEL = . Administration Building 651 Pine Street, 911 doom ; -Z / ` SHARON L. ANDERSON Martinez. California 94553-1229 CHIEF ASSISTANT 1 i:x iq :. GREGORY C. HARVEY (925) 335-1800 f s s`ss 925 646-1078 fax ��"�fi�, � q,� VALERIE J. RANCH. ( ) ( ) t ral ASSISTANTS NOTICE OF INSUFFICIENCY AND/OIC NON-ACCEPTANCE OF CLAIM TO: Thomas C. Crosby, Esq. Crosby&Rowell 1939 Harrison Street, Suite 825 Oakland, CA 94612 RE: CLAIM OF: Gudelia Hurtado Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] L The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [x] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. [ } 6. The claim is not signed by the claimant or by some person on his or her behalf. Page 1 Thomas C. Crosby, Esq. Re: Claim of Gudelia Hurtado Page Two [ ] 7. You are required to submit your claim on the proper form,which is enclosed. Please resubmit your claim on the enclosed form, including all the required information.. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. [ 18. Other: SILVANO B. MARCHESI COUNTY COUNSEL � a 8�� � { 3 Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664) I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California 94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. I certify under penalty of perjury that the foregoing is true and correct. Dated: at Martinez,California. cc: Clerk of the Board of Supervisors(original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 CROSBY & ROWELL LLP t Attorneys at Law ° DEC 1 � 2003 e Thomas C.Crosby ((�. tcrosby_' crosbyrowell.com Direct Dial:(510)267-6202 December 11, 2003 Certified Mail Clerk of the Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 Re: Gudelia Hurtado v. Costco SW Claim A322302144 Dear Sir or Madam: This is a claim made under and intended to satisfy the requirements of Government Code Sections 900 et. seq. Costco Wholesale has received the complaint attached as Exhibit A. This complaint alleges serious injuries to Gudelia Hurtado, which occurred on Costco's premises, but which were caused by the negligent conduct of Contra Costa School District direct supervised special needs students and supervisor(s). Attached, as Exhibit B is the Community Training Site Pay for Student Work Agreement between West Contra Costa Unified School District and Costco. Attached as Exhibit C is the Community Training Site Agreement with Employers between Western Contra Costa County School District and Costco Wholesale. Pursuant to the promise of insurance in Exhibits B and C, Costco demands that you immediately agree to defend without reservation and fully indemnify Costco in this matter. Please forward this correspondence as a tender for defense and indemnification to any liability insurers. To the extent our understanding is correct, and you are self- insured,please respond fully under the Fair Claims Handling Practices Act. 1939 Harrison Street■ Suite 825 ■ Oakland,California 94612 Phone 510.267.0300 ■ Fax 510.839.6610 Clerk of the Board of Supervisors Page 2 12/11/2003 This is a serious personal injury case and we look forward to your immediate response to this correspondence. Very truly yours, CR BY & R©WELL LLP Thomas :Co y cc: Tracy Butsch, Sedgwick CMS Oct-30-63 10:43am From- T-404 004/031 �or. AT-1 01RN'Ton PARTY WITkOUT ATrORNSY(Afgm,s ste w nwnter,ane-49dar=): FOR C04IRT USE CMtY r-y Lai* Firm }� rvelLs, California 90049 i vW: 310) 471 -2707 rAxN0.r0prvnao: (310) 472-7014 f gater@';MCnu.itylaw.com la.int' ifs ? ,W ;rcou,T. Si?ER10R COJRT OF CALIFORNIA } eW a�oss: 725 Court Street ADDRFESs:S arse :1 AND ZIP COD1M rtinaZ, Califorria 94553 BRANCH SAMS; PLAIAITiFF:Gtr DELIA I € RTADCT CCl�ATJI)T.A SERANC 0EFE-NDANT: C:CSTC'J WHOLESALE- CORPORATION DOES 1 TO 'tMPLAINT--Personal Injury, Property Datnage,Wrongful Death AMENDED (Numbed: L eck all that apply): OR VEHICLE _;k_]OTHER (specify): a'.>ramisea Liabil, ty,Goaaxal 1 3 Property Damage Wrongful Death Nevi-igence __. .;scnat Injury r- tither Damages (specify): I l I #;ction (check all that apply): ACTION IS A,LIMITED CIVIL QASE CASE 1JLfAEB �: Amount demanded does not exceed$10,000 exceeds$10,000,but does not exceed$25,000 ACTION IS AN UNLIMITED CIVIL CASE(exceeds$25,000) _..s� ACTION IS RECLASSIFIED by this amended complaint ?� from limited to unlimited from unlimited to limited 1, PLAINTIFF(name).- C`JDrLTA HURT-A-DO; CLAUDIA SER.ANO alleges causes of action against DEFENDANT(name):COSTCO WHOLESA,L.E CORPORATION a nca :)CES 1 -50 2. This pleading,including attachments and exhibits,consists of the following number of pages-, 6 5-ach plaintiff earned above is a competent Ault �1 except plaintiff(namGO: l 1 a corporation qualified to do business in California an unincorporated entity (describe): a public entity(describe): 3 ; ; a minor LD an adult (a) J_J for whore a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other(specify): (5) 1— ; other(soecffy): b, I a except plaintiff(name), ;1) = a corporation quaiitied to des business in California (2) an unincorporated entity (describe) (3) 1 a pLblio arEtit (describe): (4) � _1 a minor an adult tai for wham a guardian or conservator of the estate or a quardian ad 11*,em has been appointed (t:) other(specify): (a) = other(speciN): _ Information abut additional plaintiffs who are not competent adults is showy,in Complaint—Attach?nent 3. P89b1�9� �r D�,Micnh{U34 COMPLAINT--Personal lej �e Property u err Cc�¢at 0:"PrncEr;;,tig 7�s�.'2 i.e:C3H£ar;13� C31�.I�3'1S' sty 1,21002) Damage,Wrongful Death Dec-11-03 GMSPm Pram- T-ifi5 P.002/003 F-409 Sctcool T o-Cttt' r/T rind laa Depaat'tme tc 26 Marava 2k924,Room 2 $a a Pablo,CA 9d8 6 (510)307-5339 CONZA T IITY TRAINTN+G SITE PAY FOP,SMDTN"rW0P-X AGREEMENTBETWEEN W S'I`Ct)14"'�tA COST UNI_I1►�Q#�L�TS"TR3CT QlkLAll. wr't , (Name of Company) C49D4 Agreernint stag . WL-St___C*3u-*Costa Unified.So'hool Dist t.T___r gn S • Eters thm zVd=t wo&er(s)will komplett agrced-upon job tasks. + Prowidcs for a district-paid trainer who will directly sup-Mst,train,and � cs+aluatc ssut#etat;(s)'perfcrmance. i Compuics and detcrmlapcs appropriate wages pod to t mfuww,complying with all labor laws relmtit to sub-ra;baiamirn wages. Is the responsible party for sclieduling of duties and firT mions 6fenclave. ` Provides hw=ce and workers'compcnsaticm of stets- a (Name of Company) ' • Provids work fat disvict personnel to i ent an "employer paid cncla�" Pro��necessny mels and ec#caila a�ptrfr+ casks. _ + Pay district prr "ar contracted ebb, eFmvides a safc enviro wbich studcat fnay learn and twn. } . ,Agrees to Pay West C Cosra Unified School Ais trict upon&gmnd of payme=nt ( j (rate per lr) This agree cut it in to Work Schedulc ;• � Atldtitrtiaa3 Ftovisions � "» CAIj'ANY 0EDDAL�� Dec-11-93 03:56pm From- T-195 F.603/003 c-406 -A �w a 5c3taal-�t�Cnree!'lT'tstuxhlae Services . Cts to srM APRARMEONT,W7TH EMELLOXERS This a,greerntnt bctwecn West Contra Cas ntftc�d Scholz f3lstrict hereby calltd-Ubo et and will be in aff • ,; ' taWe agree to the following mseponstbi' provide an appropfia'te arui productive unity training site. a 1. Involve suptMsvrs or co- orkcrs in 1. Provide on-site jab traintr to wpervise student tr ming if fcasible and Inieity srutlent•vorkcrs. OXVlatn the SYSM17Mtk tMiOirtl axed fadix g procedures. 2. Msublisb rapport with comprrty supervisers and co-vmrkers and adiwi:to the rttlr.s or 2- ,Vtovdde orientation to ccs kt rs regarding rbc jabsitc. #hc disabilitit,program objectives ttr d batitWound,an txplain behavioral 3. Fmsurt Heat students woining&g. ehar=wbtics of the students. interfere with the flow of business orthc established work schedule. 3. Allow the integmlion Of st ents in work .t. place and allow for sociali=dworith non. 4. Work%iih m riager"designee in learning t . handicapped work force,themby pro%iding all aspeem of the job tasks and cooperatively approprive work role models. -teach these jobs sidlis to the sta ts. . '. 4. 'Mork out job Modificaz!5"with oat sit*job 5. Atthcrc to-ATI 1cga7 bl w and wage require- trainer when needed_ mencs as established by the fcderal artd state labor departtrtcnx and be the ethplayor of - S. Provide a satfc and numnring environn. nt in r=nrd shV d the dist ct PAy the wages axf:hc which students may leans. stUdox training on the employcr work site. S. Provide fecdback and evaluation ofswdents S. Provide self-insurance for Hability chain-s progms u-ben requested or when apl,*apriate. VVaxsuant to the pro"ision of Educazirm Code.t39602- 7. Frovide the necessary tools and equipment to ' perform tasks. 7. Be responsiVe for wmkrnan's coMem.atiov Atte To Mrtss lir injwy,which being . Adhera to the agr onjob tasks. Lvolvc t desire tcd as the employer otre cord. icbool district gaff in ma}ditg any rtvWow or changes in job to . S. 'work permits shalt bc'+ccrti#icd by WC"CtIM 9.,provide feedback to program super w 9. provide W*A=cn's compel lion for all that prog=Seals and ajoctivosare school p=omvl pe rforxrdng duties on f ' being amps ted wid program qu;olfty is cam any`s wort/site. --n�Y DATE: -- COM way nttxel�rl stall 7311!•) - ra#,sr �`#lie er� PA'7'F.- d ...... ATE.- (Commit ' .... W C.Cl� tLa�¢v= 0 0 0 ro rn W� L d � r- o . t"i C7 (U .e. M (D Cz) C Cl C3 e- tLf m E5 rip r- a a vvow a L. CLAIM OF SJZPERVIS!QRS OFCONTRA C STA COUNTY §QARD A TON: JANUARY 20, 2004 Claim Against the County,or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below),given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $io,000,040.oo CLAIMANT: MIZRAIM MOHAMMED EL ATTORNEY:UNKNOWN DATE RECEIVED: DECEMBER 17, 2003 ADDRESS: p.o. Box 1011 BY DELIVERY TO CLERK ON: DECKER 17, 2003 EL CERRITo, CA 94.530-1011 BY MAIL POSTMARKED: DECEMBER 16, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETS Dated: DECEMBER 171 2043. By: Deput3' II. C}M: County Counsel TO: Clerk of the Board of Supistrs This claim complies substantially with Sections 910 and 914.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2,and we are so notifying claimant.The Board cannot act for 15 days(Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( } Other: t lei Dated: ` ' Deputy County'Counsel {t y: t 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). VBOARD ORDER.: By unanimous vote of the Supervisors present: This Claire is rejected in full. ( } Othen s I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ' JOHN SWEETEN, CLERK By ,Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions,you have only sic(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seep the advice of an attorney of your choice in connection with this matter.If you avant 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: HN SWEETEN,CLERK By Deputy Clerk ;t Claim to; BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSMCTIONS-TO CLAIMANT N A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before Dumber 31, 1987,must be presented not later than the I OCP day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.). B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 fine Streets Martinez, CA 91553. C. If claim is against a district governed by the Board of Supervisors,rather than the County, the name of the District should be fillet! in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. r ud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp Mizraim Mohammed El -- Makgr l Rgspondent } E -RECEIVED } Against the County of Contra Costa or } DEC '1 1003 Chiu Deputy Treasurer-Tax Collector RUSSELL V. WATTS District) CLERK BOARD OF SUPERVISORS mill in name) CONTRACOSTACC. RUSSELL V. WATTS The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$,y m and in support of this claim represents as follows: 1. When did the damage or injury occur?(Give exact date and hour) December 2, 2003 at 5: 00 p.m. when I recieved my mail . 2. Where.did the damage or injury occur?(Include city and county) Richmond California and Martinez California Contra Costa County. 3. How dill the damage or injury occur?(Give full details;use extra paper if required) When RUSSELL V. WATTS refused to allow Maker/R,R�sopondent to LA.WFULLY Pay back and current taxes on 3 parcels through anLawful made i.e. three Negoti=able Instruments called Certified Promissory Notes . Backed By Public Policy J HJR 192 June 5, 1933 and the UCC . 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? RUSSELL V. WATTS refused to answer any of my responses to his Letters clearly . Mr. Watts .refusal to answer my questions can only be equated with Fraud (United States v. Burr U.S. 242) RheoughlV read copies inclosed . 5. What are the names of county or district officers, servants, or employees causing the damage or injury? RUSSELL V. WATTS 6. What damage or injuries do you claim resulted?(give full extent of injuries or damages claimed. Attach two estimates for auto damage.) _ Discrimination and Fraud -- 7. How was the amount claimed above computed?(Include the estimated amount of'any prospective injury or damage.) Five Million for Discrimination Five Million for Fraud 8. Names and addresses of witnesses, doctors, and hospitals. Patrese Mohammed El - William J. Pollacek - Terry Jones 2808 Cmtting Rich CA 625 Court Street 28500 Carless Blvd 94804 Martinez CA. 94553 Hayward CA. 94542 9. List the expenditures you made on account of this accident or injury. MTE IZE AMOM 11-28-03 11. 09 a.m. 14. 00 12-05-03 10-26 a.m. 6. 00 1. 00 Gov. Code Sec. 910.2 provides"The claim must be signed by the claimant or by some person on his behalf:" SRM E A Name and Address of Attorney ) AI } 4 (Claimant's Signature)ZI- , ) rx kti t (Address) P.O. Box 1011 El Cerrito California 94530-1011 } Telephone No. )Telephone o...1- Ir,-R2 I -7,9..,x'. 4 NOMC E Section 72 of the Penal Code psi: Every person who,with intent to ddmud,presents for allowance or the payment to any state'board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of riot more than om year,by a tine of not exceeding one thousand(S 1.0001 or by both such imprisonment and fine,or by imprisonment in the state prism by a fine of not exceeding ten thousand dollars(S 10,000),or by both such imprisonment and fine. Past Offlee 130S loll El Cerrito 94"o California Republic Mizraim Mohammed Ele What happened Through The Mail . 0 . I Mizraim Mohammed El went up to the Tax collector's off ce to get a print out of the current and back taxes (A) . 1 . On 11-28-03 I sent the Tax Collector a "Payment Package" (B) . 2 . On 12-02-0.31. received a letter from Fussell V. Watts stating that he is returning my P. Notes but did not state unambiguously whether or not he rejected accepted or objected my offer of payment . 3 . On 12-05-03 I faxed and certified a letter questioning Mr. Watts on whether or not he accepted or rejected or objected my offer of Payment . And where were my other papers associated with my returned P. Notes ..... 4 . On 12-08-03 I received a letter from Mr. Watts who again refused to answer questions and brought out a. Revenue Code of which My Notes are lawfully associated with . Mr. Watts then used Threat to try to make me come off my square . 5 . On 12-11-03 I faxed a letter to Mr. Watts reasserting my Lawful Payment of the alleged debt and then I contacted you the beard of supervisors of Contra Costa County . L) u�J L)cor wc7o• r 2'.=ii`--L ca U)tl` C3��C�yy.2}}d VI r.w i�i'7 ru Iq ru '^+.w Nk M 44 ..,. -- � �i wh "°yam �qN Q IG �r tW Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY t INSTRUCTION 7`C3 C?,AIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 10&day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of'the cause of action. (Gov't Code 911.2.), B. Claims must be filed with the Clerk of the Board of Supervisors at its office-inRoom 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors,rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claire By Reserved for Clerk's filing stamp Mizraim Mohammed El -- } Maker / Respondent } E Against the County of Contra Costa or ) RECEIVED Chief Deputy Treasurer-Tax Collector ) DEC 17 2003 RUSSELL V. WATTS District) (Fill in name) ) CLERK X30'i,- C3F S[;?ER7S(}FfS RUSSELL V. WATTS C,(_ , A00ST,AC0. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$, m i 1 and in support of this claim represents as follows: L When did the damage or injury occur?(Give exact date and hour) December 2, 2003 at 5. 00 p.m. when I recieved my mail. 2. Where did the damage or injury occur? (Include city and county) Richmond California and Martinez California Contra Costa County. 3. Flow did the damage or injury occur?(Give full details; use extra paper if required) When RUSSELL V. WATTS refused tt allow MakerfR,-:sopondent to LAWFULLY Pay back and current taxes on 3 parcels through anLawful mode i.e. three Negoti3.ble Instruments called Certified Promissory Nates . Backed By Public Policy J HJR 192 June 5 , 1-933 and the UCC 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? RUSSELL V. WATTS refused to answer any Of my responses to his letters clearly . Mr. Cutts refusal to answer my questions can only be equated with Fraud (United States v. Burr U. S. 242) Rheoughly read copies inclosed . 5. What are the names of county or district officers, servants, or employees causing the damage or injury? RUSSELL V. WAT'T'S 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Discrimination and Fraud 7. How was the amount claimed above computed? (include the estimated amount of any prospective injury or damage.) Five Million for Discrimination Five Million for Fraud 8. Names and addresses of witnesses, doctors, and hospitals. Patrese Mohammed El - William J . Pollacek - Terry Janes 2808 Cmttinq Rich C�. 625 Court Street 285030 Carlos Blvd 94804 Martinez CA. 94553 Hayward CA. 94542 9. List the expenditures you made on account of this accident or injury. DAM M M XT—NT 11-28-03 11: 09 a.m. 14.00 12-05-03 10--25 a.m. 6. 00 1. 00 } Gov. Code Sec. 910.2 provides"The claim must be } signed by the claimant or by some person on his behalf." SRM Nt3Ti S T A me Name and Address of Attorney } } } } (Claimant's Signature) } } (Address) } P.Q. Box 1011 El Cerrito California } 94530-1011 } Telephone No. }Telephone No. 1g 1, 8 21 -12 3 9 4 NOTICE Section 72 of the Penal Code prrnides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim bill,account, voucher,or writing, is punishable either by imprisonment in the county ja l for a period of not more Om one year,by a fine of not exceeding one thousand(S 1,000),or by both such imprisonment and fuse,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(S10,000),or by bods such imprisonment and fuse. 0-k US Office Box 1911 El Celt 94SSO California Republic Mizraim Mohammed EIC What happened Through The Mail . 0 . I Mizraim Mohammed Bl went up to the Tax collector's office to get a print out of the current and back taxes (A) . 1 . On 11-28-03 I sent the Tax Collector a "Payment Package" (B) . 2 . On 12-02-03 I received a letter from Russell V. Watts stating that he is returning my P. Notes but did not state unambiguously whether or not he rejected accepted or objected my offer of payment . 3 . On 12-05-03 I faxed and certified a letter questioning Mr. Watts on whether or not he accepted or rejected or objected my offer of Payment . And where were my other papers associated with my returned P. Nates ..... 4 . On 12-08-03 I received a letter from Mr. Watts who again refused to answer questions and brought out a Revenue Code of which My Notes are lawfully associated with . Mr. Watts then used Threat to try to make me come off my square . 5 . On 12-11-03 I faxed a letter to Mr. Watts reasserting my Lawful Payment of the alleged debt and then I contacted you the board of supervisors of Contra Costa County . 013483 REDEMPTION DETAIL IF PAID 11/2003 PAGE 0 LINQUENT ''r ES & ASMTS 1, 974 .58 DELINQUENT PFNALTIES 197 .40 DELINQUENT COSTS50 .00 V DE73 .43 REDEMPTION PENALTY 415 .00 `✓ REDEMPTION FEE �-�.p...._�M ***TOTAL TO REDEEM' 710 .4 DELINQUENT DELINQUENT DLNQ REDEMP'T'ION YR PARCEL ID 'T'AXES & ASMTS PENALTY COST PENALTY 2000 549- 071-025-7 507 .20 50 . 72 10 .00 220.63 2001 549-071-0.35-7 793 .12 79 .26 30 . 00 202 .24 2002 549-071-025-7 674 .26 67 .42 10 .00 50 .56 *** TOTAL *** 1, 974 . 58 197 .40 50 . 00 473 .43 *****LAST , J00-03482 REDEMPTION DETAIL IF PAID 11/2403 PAGE 0 WQUENT TAXES & ASMTS 9, 968 . 18 asalNQUENT PENALTIES 996.76 •- jELINQUENT COST' 70 . 00 / REDEMPTION PENALTY 2, 502 .29 REDEMPTION FEE ***TOTAL TO REDEEM*** 13 , 552.2_3'` DELINQUENT DELINQUENT DLNQ REDEMPTION YR PARCEL ID TAKES & ASMTS PENALTY COST PENAL'T'Y 2000 549-071-024-0 2 , 935 . 56 293 . 54 10 . 00 1, 276 . 95 2001 549-071-024-0 3, 877 . 18 387 . 70 30 . 001 988 . 63 2002 549-071-024-0 3 , .155 .44 315 . 52 30 . 00 235 . 65 *** TOTAL *** 9, 968 . 18 996 . 76 70 . 003 2, 502 .29 *****LAST LINE***** w 4 ✓`pw 2001-03776 REDEMPTION DETAIL IF PAID 11./20143 PAGE 0 ELINQUENT TAXES & ASMTS 2, 941 .64 )ELINQUENT PENALTIES 294 .14 c )ELINQUENT COSTS 20 . 00 ZEDEMPTION PENALTY 480 .37 1EDEMPTION FEE _....1�.? **TOTAL TO REDEEM*** {'"'_, 751 . 1 DELINQUENT DELINQUENT DLNQ REDEMPTION `R PARCEL ID TAXES & ASMTS PENALTY COST PENALTY" 001 549-1.91-005-4 1, 443 . 12 144 .30 1.0 . 00 367 . 99 002 549-191-00.5-4 1,498 .52 1.49 . 84 10 . 00 1.12 .38 ** TOTAL *** 2, 941. 64 294 .14 20 . 00 480 .37 ****LAST LINE***** FAIRMOUNT STATION 11-28-03 EL CERRITO, California up to 9453036514, , Ms in tiro tda. 0555110221-0091 nifknionaf tuninEty 11/28/2003 (510)525-0359 11:09:39 AM Z s.®I1. , us - — --- Sales Receipt ► --8 Product Sale Unit Final Description Oty Price Price w , MARTINEZ C,4 94553 $1.06 First-Class Restricted Delivery $3.50 }.. • � ` Return Receipt $1.75 Registered $7.50 " Insured Value $0.00 X Article Value : $0.00 j Label Si3r i a l #: RA566591616US �� Issue PVI: r$13.81 `� Cagy 2 o Past Office Total : $13.81 Mohammed El PaiCash by $104.00T:PULL the Change Due: -$90.19 4 Bill#: 1000400859681 C 1 erk: 07 K 013 SL - A11 sales final on stamps and postage. -- Refunds for guaranteed services only. m Thank you for your business. Customer Copy Iona arcels--------------------------- $2013.79 Mizraim Mohammed El(Respondent and Maker of the Notes) is responsible for the making and production and delivery of the Notes . Please read the following documents associated with the Notes in this PAYMENT PACKAGE . If there are any questions pertaining to this "mode ref Payment"please send in writing (within ten days)to the address of the Maker who is the responsible party . Being Conscious the Due Process Laws please consult your legal department and Please send in the mail a zero ($0,00) balance statement to the Maker of the Notes . Sincerely, Maker/Respondent Mizrairn.Mohammed El Co Trustee Ellease Trust P.O. Box 1011, El Cerrito, El Cerrito California, (94530-1011) NOTATIONSFriday, 11-28-03 Contra.Costa County Public Servant (W.J. Pollacek) P.O. Box 631 Martinez California 94553 ATTENTION: _W ffiam J. Pollacek.Tag Collector SUBJECT: PAYMENT IT FULL Greetings To Mr. William J. Pollacek, Tax Collector(Debt Collector)....., I Mizraim,Mohammed El Respondent and Maker of the Following Motes now uses the following to PAY IN FULL the alleged tax debt owed by the Elllease Trust on the following Parcels: 2808 Cutting Blvd. Richmond #549-191-005-4 $3751.15 2901 (Lot)Cutting Richmond #549-071-025-7 $2710.41 2901 Cutting Blvd. Richmond #549-071-024-0 $13,552.23' Grand Total for all three Parcels --------------------------- $20,013.79 Mizraim Mohammed El(Respondent and Maker of the Notes) is responsible for the malting and production and delivery of the Notes . Please read the following documents associated with the Notes in this PAYMENT PACKAGE . If there are any questions pertaining to this "mode qrf Payment"please send in writing(within ten days)to the address of the Maker who is the responsible party. Being Conscious the Due Process Laws please consult your legal department and Please send in the mail a zero ($0.00) balance statement to the Maker of the Notes . Sincerely, W#zdem Maker I Respondent Mizraim.Mohammed El Co Trustee Ellease Trust ILP.O. Box 1011, El Cerrito, El Cerrito California, (94530-1011') Friday, 11-28-43 rNOTATIONS Contra Costa County Public Servant (W.J. Pollacek) P.O. Box 631 Martinez California 94553 ATTENTION: Will am J.PoHacek.Tax.CoIlectur SUBJECT: DOCUMENT INCLOSED 1 Copy of Presentment 2 Uniform Commercial Code Statement 3 Administrative Remedy Demand 4 Offer Of Performance 5 Certified Promissory Dotes 6 Verification of Tender Of Payment 7 Debt Collector Disclosure Statement Affidavit of Mailing Mizraim Mohammed El(Respondent and Maker of the Nates) is responsible for the rnaking and production and delivery of the Notes . Please read the above mentioned documents associated with the Motes in this PAYMENT PACKAGE . If there are any questions pertaining to this "made of'Pament"please send in writing(within ten days)to the address of the Maker who is the responsible party . Being Conscious the Due Process Laws please consult your legal department and Please send in the mail a zero ($4.00) balance statement to the Maker of the Notes . Sincerely, U�Pfps uwwm eco Maker/Respondent Mizraim Mohammed El Co Trustee Ellease Trust P.O. Box 1011,El Cerrito, El Cerrito California., (94530-1011) UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS front and back)CAREFULLY A.NAME 8 PHONE OF CONTACT AT FILER[optional] B.SEND ACKNOWLEDGMENT TO: (Name and Address) FILED Mizraim Mohammed EI SACRAMENTO, CA Post Office Box 1011 ,SAN 09, 2003 AT 3700 El Cerrito, CA 94530 KEVIN SHELLEY SECRETARY OF STATE L THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1.DEST,OR'S EXACT FULL LEGAL NAME•insert only pa9 debtor name(Is or ib)-do not abbreviate or combine names Is.ORGANIZATION'S NAME OR 1b.INOWIDUAL'S:.AOT NAME FIRST NAME MIODLE NAME SUFFIX EL MIZRAIM MOHAMMED c.MAP-INGADDRESS CITY STATE 'PO5TALCODE COUNTRY Past Office Box 1011 EI Cerrito CA 94533 id.-AX IO A: SSN OR EtN JADO'LINFORE 11e.TYPE OF ORGANtZATiON f If.JURISDICTION OF ORGANIZATION Ig.ORGANIZATIONAL iD 0.if anyORGANiZA - 364-64-9858 DEBTOR TION NONE 2.ADDITIONAL CIESTOR'S EXACT FULL LEGAL NAME•insert only=a debtor name(2a at 2b)-do not abbrev{ate or Combine names 2a.ORGANIZATION'S NAME .'i OR 2b.WDIADUAL'SLASTNAME FIRST NAME €M(DDLENAME 1SUFFiX I 2G MAILING ADDRESS CITY STATE i POSTAL CODE I COUN T RY 1 i 2d.TAX IO X: SSN OR EIN ADSL INFO RE l2a.TYPEOFORGANIZATICN 12!.JURISOiCTtONOFORGANIZATION 2g.ORGANIZATIONAL ID#.,f any ORGANIZATION DEBTOR I } E NONE 3.ScCURE0 PARTY'S NAME(or NAME of TOTAL ASSIGNEE of ASSIGNOR SIP)-insert onty MR secured party name(3a or 3b) ,5a.ORGANIZATION'S NAME OR 3b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME {SUFFIX EL` Mizraim Mohammed 3c.MAILING ADDRESS CITY STATE ;POSTAL COCE COUNTRY -- Post Office Box 1011 El Cerrito CA '1 94530 4.This FINANCING STATEMENT coven the!oifcwing codaterai: All of debtor's assets, land, and personal property, and all of debtor's interest in said assets, land, and personal property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, described fully in Security Agreement No. MML011699-SA dated the Sixteenth Day of the First Month in the Year of Our Lord One Thousand Nine Hundred ninety-nine. Inquiring parties may consult directly with debtor for ascertaining, in detail, the financial relationship and contractual obligations associated with this commercial transaction, identified in security agreement referenced above. Adjustment of this filing is in accord with UCC §§ 1-103, 1-104, and House Joint Resolution 192 of June 5, 1933. Secured Party accepts Debtor's signature in accord with UCC § 1-201(39), 3-401. 5.ALTERNATIVE DESIGNATION(!t apc8cable): LESSEEILESSOR CONSIGNE£lCONSiGNOR SAILSEJBAILOR r SELLER/BUYER AG.LIEN 17 NON-UCCFILING tre4^t it il!' T i C. is tt7 fl®:ed Cr!ecdrd {or teCOtCU6t tri iR0 L j_ eco St7 4 C 1 S .M i Son Uebldr(f) F TAT R C ROS. Attach Addendum Sita +Cabiel tADD1TtOMAI FEEl I I All Debtnrs Cabtor 1 10.bw 2 g,OPTIONAL FILER REFERENCE DATA FILING OFFICE COPY--NATiONALUCC FINANCING STATEMENT(FORM UCCi){REV.07129/98) lk Py lI1VLX.A LIVAiYiLli., ldld*✓ P.O. Box 1011 EL Cerrito, CA 94530-1011 Respondent's Private International Administrative Remedy Demand No.14 WIL01699HRIA This Private International Administrative Remedy Demand No. MML 011699H-HA is binding up on every principal and agent re the subject matter set forth herein below, Date: Friday 11-28-03 Via: U.S.P.O.Registered Mail Article No. To:W.J Pollacek Tax Collect:d b.a.a Debt Collector,hereinafter"debt Collector" William J. Pollacek -CQntra Costa Tax Collector P.O. Box 631 Martinez California 94553 Re: Fit Collector's written communication,hereinafter"Presentment," dated November 2003 referencing: Alleged Creditor: Centra Costa County Tax Collector W.J. Pollacek Alleged Aoeount 110. -316576 Alleged Amount Due Subject:Tender of Payment and Notion,of Reservation of Right for initiating of Counterclaim and for Filing Claim against bond. 1. Be it known by these presents that MI ZRAIM MOHAMMED EL Respondent,is in receipt of Debt Collector's above referenced presentment,a true and correct copy of which is attached herewith,made fully part thereof,and included herein by reference. 2. Respondent hereby gives Debt Collector Notice that this written communication is not a refusal for paying the alleged debt implied by Presentment,but constitutes express,written notice that. (a) The above-referenced alleged debt is not valid, (b) Debt Collector's claim is disputed; (c) Respondent does not take issue with the amount of alleged debt claimed;and that (d) Upon receipt of this Notice, Debt Collector must cease all collection activity re the alleged accountldebt unfit Respondent is sent the herein-requested verification as required by the Pair Debt Collection Practices Act. 'lender of Payment 3. Respondent,without waiver of any defense,and for the purpose of resolving this matter in good faith,hereby tenders payment in the form of a Certified promissory Note, also known as an Offer of Performance, both of which are attached herewith, made fully part hereof, and included herein by referennce, for the purpose of discharging the alleged debt as stated within Debt Collectoes above-referenced Presentment. 4. Respondent retains original of Debt Collector's Presentment as proof Respondent has not dishonored Debt Collector's instrument,nor in any way acted in bad faith. 5. Respondent gives Debt Collector Notice that, In accordance with law as codified at 15 USC 1692g(b): 'If the consumer notifies the debt collector in writing within the#tidy-day period described In subsection(a)of this section that the debt,or any portion thereof,is disputed,or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt or any disputed portion thereof, until the debt collector obtains verification of the dgbt or a copy of a judgment,or the name and address of the original credffor,end a copy of such ver r Noticed that this is not a request by Kesponoent to a pnorocopy or any invoice, statement, .�geement, and the like and that any future communication received by Respondent from Debt n written as well as any other form, absent the above-cited requisite'verification of the debt,"irrespective the Inclusion of any photocopy of any related invoice, statement, bili, summary, agreement, and the like, constitutes Debt Collector's tacit admission,confession,and agreement that Debt Collector',has no lawful, bona fide, verifiable claim re the alleged account. 8. Respondent also includes with this written communication, "Debt Collector Disclosure Statement,"for the purpose of ensuring that Debt Collector's "verification of the debt" is executed in accordance with law as codified at 15 USC §1692(g), and must be completed in full by Debt Collector and received by Respondent within twenty-one(21)days of Debt Collector's receipt of this written communication. Notice of Reservation of Right for initiating a Counterclaim and Filing a Claim Against Official Bond 9. if Debt Collector,such as by commission,omission,and otherwise: (a) Fails in giving Respondent full disclosure re the nature and cause of Debt Collector's claim concerning the hereinabove-referenced alleged debt; (b) Makes a false representation of the character of the hereinabove-referenced alleged debt; (c) Makes a false representation of the legal status of the hereinabove-referenced alleged debt; (d) Makes any threat of action that cannot legally be taken, in violation of any applicable law, such as the law codified at the Fair Debt Collection Practices Act, Respondent may initiate a counterclaim and claim against the official bond of Debt Collector, as well as the bond of any principal, agent, and assignee of Debt Collector, whose acts, as well as omissions, result in Respondent sustaining any tort injury. 10. Debt Collector is also hereby given notice that: (a) Debt Collector's unsubstantiated demands for payment, a"scheme or artifice""caused to be delivered by trail," may constitute Mail Fraud under State and Federal Laws (Debt Collector may wish to consult with competent legal counsel before originating any further communication with Despondent);and (b) Debt Collector's failure in providing Respondent with the requisite verification, validating the above-referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act and the corresponding laws of each state,signifies that Debt Collector tacitly agrees that: (i) Debt Collector has no lawful,bona fide,verifiable claim re the above-referenced alleged account; (ii) Debt Collector waives any and all claims against respondent;and (iii) Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any and all continued collection attempts re the above- referenced alleged account. 11. This is also an attempt for determining the nature and basis of a caselcounterclaim against Debt Collector, and any information contained within Debt Collector Disclosure Statement, as well as any information obtained otherwise, such as by Debt Collector's commissions,omissions,and the like,will be used for that purpose. 12. Due prtls guaranteed both alleged debtor and Secured Party at Debt Collector's Office of Disk Managified at 18 DISC§§ 1581,242,241 at 15 11SC§ 1692,and elsewhere. D ELO,Respondent Enclosures Offer of Performance Certified Promissory Dote Verification of Tender of Payment,Notice of Reservation of Right for Initiating Counterclaim/Filing Claim Against Bond Debt Collector Disclosure Statement Respondent's Private International Administrative Remedy Demand No. WWI L001169911HIA Requested by;and leen Recorded Return to: In care o Post Office Box 1011 El Cerrito California.Republic Mizraim Mohammed El Respondent's Private International Remedy Demand No.MML.011699HHlIA This notice is binding upon every principal and agent re the subject matter set forth herein. Via United States Post Office Registered Mail Article No. For: W.J 20 lac k T.C. ,d.b.a.a Debt Collector,hereinafter"Debt Collector" Tax C X 631 Martinez Ca. 94553 Re: Alleged Creditor: Collector W.J. Follacek Tax Collector CCC Alleged Account: #03316575 #03-3167700 #03-316576 Alleged Amount Due: rra A d Total of $20 ,013.7 8 Subject:Offer OfPerfonnance OFFER. OF PERFORMANCE I. This Offer of Performance is tendered in good faith as full satisfaction of the claim referenced above,with the intent of extinguishing any alleged debt,duty,obligation,liability,and the like intended as obligating Respondent,MIZRAIM MOHAMMED ELO,named hereinafter-referenced Presentment,,a copy of which is attached herewith,made fully part hereof,and included herein by reference. X03-316575 #03-33.6576 2. Concerning this Offer of Performance,hereinafter"Offer,'re alleged account #03-316770 Debt Collector may: (a) Accept this Offer, (b) Reject this Offer; (c) Object regarding the mode of this Offer. 3. This Offer of payment of that certain sum of money that Debt Collector allegeslasserts,via Presentment,constitutes Respondent`s debt, duty, obligation, and liability, including Interest and penalties, is made dependent upon performance by Debt Collector of Conditions Precedent concerning which Respondent/Offeror is entitled by the fundamental principles of American Jurisprudence and law;namely,provision by Debt Collector of ver flcafionl of the alleged debt, accompanied by documentary evidence establishing the factual basis for Debt Coliect0es claim for payment asserted within Debt Collector's above-referenced Presentment,i.e.validation of Debt Collector's right for collecting the alleged debt by providing the requisite verification,Including: (a) Copies of all agreements of assignment,negotiation,transfer of rights,and the like,and indicating whether Debt Collector is the current owner, assignee, holder, holder in due course, etc., with evidence of Respondent's consent with any such agreement if a novation, (b) All relative commercial instruments, contracts, and the like containing respondent's bona fide signature (subjective theory); 1.WriGcatioa.Confirmation of correctness,truth,or authenticity,by tt2idav'st,oath,Or deposition. Affidavit of truth of matter stated sled object of verification is to assure good faith in averments or statements of party. Htack's Law DkOonary.Sixth Edition. Respondent's Private International Administrative Remedy Demand No.MMLMI16"HHIA y evidenceof an exchange of a benefd,as well as exchange of a detriment(implied contract); (d) Any evidence of any series of extemal acts giving the objective semblance of agreement(objective theory); (e) All other documentary evidence between Respondent and Debt Collector that Debt Collector relies upon In making Deb#col€ectoes presumptive claim; (f) Name and address of original creditor;and (g) A certified copy of any judgment. 4. RespondentlOffemr expects a response re this Offer within a reasonable period of time of receipt of this Offer,which is hereby set at twenty-one(21)days,not counting day of service. 5. Respondent/Offeror does not waive timeliness. If additional time-Is needed,however,Debt Collector must make a request in wi ft before expiration of said twenty-one-(21)day period described above In paragraph`4,"setting forth Debt collector's reasons for requesting such extension of time with good cause shown. Respondent/Offeror will consider any such request for extension of time, the granting of which, however, Is conditioned solely upon the decision of Respondent/C ftror. 6. Respondent/Offetor hereby gives Debt Collector notice that, as an operation of law as codified at Ca€'rfomia Civil Code§1485 and California Code of Civil Procedure§2074,respectively: (a) An obligation is extinguished by an offer of performance,made in confom7ity with the rules prescribed,and with the intent of extinguishing the obligation; (b) An offer in writing for paying a particular sum of money, as well as for delivering a written Instrument/specific personal property, Is, If not accepted, the equivalent of the actual production and tender of the moneylinstrumerNproperty. 7. In event that Debt collector does not respond re this Offer within the prescribed time omit for response,and there has likewise been no request for extension of time,with good cause shown therein, within said time period, then Debt Collector tacitly agrees that Debt Collector has no bona fide,lawful,verifiable claim re this alleged account,that Debt Collector waives any and all claims against Respondent,and that Debt Collector tacitly agrees that Debt Collector must compensate Respondent for all costs,fees,and expenses Incurred defending against any collection attempts by Debt Collector re the above-referenced alleged account 8. Respondent also expressly Includes with this Offer of Performance,'Debt collector Disclosure Statement,'attached herewith, made fully part hereof, and included herein by reference, for ensuring that Debt Collector clearly and conspicuously makes all required disclosures in writing in accordance with applicable portions of Truth in tending (Regutafion 2)12 CPR 226, Debt Collector Disclosure Statement must be completed by Debt Collector and received by Respondent within twenty-one(21)days of Debt collector's receipt of this Offer of Performance If Debt Collector wishes Debt Collector's claim considered by Respondent 9. Debt Collector also tacitly consents and agrees that Debt Collector has a duty for preventing this alleged account from damaging Respondent in any way. Debt Collector confesses judgment and Respondent reserves the right for: (a) Initiating a counterclaim against Debt Collector, (b) Firing claim against the bond of any responsible party,including Debt Collector and all principals, agents, and assignees of Debt Collector,whose acts/omissions result In tort damages against Respondent/Offeror. 10. Due process of law is guaranteed both alleged debtor and Secured Party at Debt Collector's Office of Risk Management,and is codified at 18 USC§§1581,242,241,4,at 15 USC§1692,and elsewhere. Dated : 1148-03 Signed : espondennt/Off'eror Witness �....! ....................... Witness .......... ... ................ ..................... Respondent's Frivate International Administrative Remedy Demand No. MMLaI1699I: HIA r Number : 1VIML011699HHIA Ctrlte November 2 8 , 2 0 0 3; y`. Pay to the Orderof: ***William J. Pollacek C. C. CouCI� $2710.41 arrntrrnritrtarrrrirwr �,. • ' *** Two Thousand Seven Hundred 41 / 00 phis ttstrutaattt ig ttttbtrtb by tbt�iimbtrsigatt Atoontim,MIZI�AIM MOHAMMED EL,,btrtinafter",#ukt in pub faith,anb in aaarbana 100 tnta,as tobititb at WIC 1-301,1-104,1-20t(4)(28)(30),3-103(a)(0)3-104(a)(b) ant Public votitp at House joint Amolutian 192 of Dont 5,1933,as full 5405fattion of a attegeb btbt ttaimtb anb aittgcbiy emtb in tabor of 04pet htrrin,ir. Tax Collector W.J. Pollacek �- a b.b.a,a bda taturtor,,41 ptr Vapteo/atht C Utaor's Preornnmr Alleged Creditor: William J. Pollacek Tax Collector . » ; Alleged Account Number : i Alleged Amount Due: $2710. 41 ! a true anti torrtu Lapp of ortstutmitut i5 attarbeb hereto,malet fully part btxra€,anti tnctubrb barm by rtftrmir.11bio 5tattmtat tonstttutt5 Aalrtr's promwe for}raving tbi5 inarummt upon pros tmmt anb inbarornim,at AUl ar's toration &5 an operation of law,papo/debt trolltrtar tatitiv ton*n%anti agrtr5 that tbtrt is actorb aub Otisfattion by usr of rbi5 tnstrummt for 5atistping Vapet's/iiltbt Colltrtoei claim anti Aabar i5 btrtby bt5cbargrb from habitto an this alltgtb account ant thr obligation is 5ttgmbtb in arrarbamit btith 1110 as totiifitt at ace 3-310(b),3-311,anb 3-603. ; oattr born not taaibe tinalmr5s.*obneatr,,if 3PapttlAdt Cotlettor netbs abbtrionat tont,-papa/Mtbr CoUrritur must prt5attt Blabar twirl}a triton raiurst for abbManat time toil im a rtasonahtt tient.gating forth the reasons J)ayea/ 1 atbt Colltaor rntluta#an txtee5ion of tient tairb pub caust*oian, 9be atteptabilitp of any Suri#rtqua5t sttaibth by { .fllabar from Paprt/3Dtbt CaUmor is canbittonat ulnen spprobat by Aabtr, ' z Six tbt tbrar thio in5trummt i5 notteb for prt5ett paptttrnt mithia a rrasattabit periab of time,ant tftesr bas batt na srlutstt for an wamston at time too goab cmt shown,Vavet/3kht Cotttctar taraty ronstnt5 anb agrer5 that Coiltctor bas no bona-fiot baifiabir claim rt this ailegtb account r' tante/Mtbt Calltaor tacitty tomstnts anb agrtt5 that 30tbt col€attor las a snip for prttetnting tbis atitgeb account i from bammging f aW in anp heap,;tab that Mebt+iCollwor tonfessts#ubgmtnt anb 10abtr rt5trbd thit sight far initiating a ` rotutttrriatm against Mtbt tCoi[attor,anb for filing a claim against tbt.Sartb of amp rrt5pon5ibtt party inclubing Ztbt Cofttrtar anb:til prtnriipaat5,agtuts,a55igmtrs of:Mtbt cotlitatar,b bw5t acm/omi5s10tt5 rtsult5 in tort Umago against s' . k ,;{�abtr ,. • >,� Vit" „ Dateef is 2 'th day ray Niayember 2003 `• ''-t� ,+" _ ..................., ��f ,, ................... ....... .................... MIZ AtMWHAMMED ELfC , Respondent/Maker witness ... � �" ..-., . ........ Witness y, { .. authorized rson indcarse below, Print t:atne and official title when 12resenting.this instrument for avment. t Government-issued ID with Dho!ggVh required i.e.cIv the foiic�win t� s of Ila acre ted state;-issued Drivers I ic-dnse•state issued Identit`rcation Card Pass cert. , Printed Name of Indorser Farm of Photo Identification 0 ci TitleofI orser For Off icia d t'fcatir�§ Date of Presentment and Indorsement Signature of Indorser i Right Thumb Print Recording Requested by,and When Recorded Return to '# N*IIZRAIM MOHAMMED El, - P.O.Box 1011 E1 Cerrito CA 94530 Respondent's International Administrative Remedy Demand No.MML011.699HH1A i`: gv�` � +* ice..: ... ,•. t r rM- h r 4 Number : MML011699HHIA Date November �8 , 2003 Pay to the ` {order of: **,,William J.Pollacek County Co11ec - $3751,15 I j ***Three Thousand Seven Hundred Fifty One 15 00 *** 3 ebi5 jmtmmeut is teubertb by Me 41nbtr5igno Arspoubtnt,MIZRAIM MOHAMMED EL,batmatta"i£labtr in Boob fafim,anb in actorbance With LAW,as cobifitb at'SCC 1-301.1-104,1<201(4)(28)t30),3-103(4)0)3-104(4)(b) ; i i ant public policy at*oust joint Adatution 192 of aunt 3,1933,a5 full satisfaction of a atttgtb btbt claimtb aub atltgebtp otstb iu fator of aytt Eptrein,i.e. W.J. Pol Jacek Tax Collector 1 b.b.a.a bebt collector.as per paytt's/30tbt Collector's firtotatment AllegedCreditor:Willi km J. Pollec_ek 'Tax Collector Alleged Account Number :4 0 3—•316 7 7 0 ,y fx Alleged Amount Due: $3751, 15 it trot anb rorrtct Copy ofrtsettttnent i5 attarheb hertto,mora fully part hertof,aub inclubeb htrtin by refertnct.zbis statement rormitutts.fblabtr's promist for paying tht5 fta4rumtnt upon prtstntnunt aub intorutcuent,at btr's loratfon. his an operation of tats,payet/Mtbt Collector tacitly ton5euts anb auras that thert is actorb anb satisfaction by use " of this f antment for satisfping fayet'S/3Dtbt Cotltaor'S claim anb Aabtr i5 htrtby Widjargeb from liability on this atLtgtt account anb rbt obtigation i5 su#pmbeb in auorbana tuittl fats a5 robifto at 41CC 3-310(b),3-311,anb 3-e03. Aafur bots not toaibt titnttintss.14otatbtr.,if paptr/latbt Collector Rebs abbitional time,Papet/atvht Collector must t prtsent Oabtr tuiM a Utritten request for alo tumal time Wffljtn a reasonable time,5ettittg forth tht rra5on5 Payer/ mebt vcolltaor requtag an extension of time Eoith goob cause shottn. Zbt acceptability of any surh request raribrb yp fftattr from paper/3ark Collator is conbitional upon approbat by Rater. 3 j in the tbent Mis instrument is not prt5mttb for payment butbut a rea5onabft periob of time,anb there Etas arta no request ' for an exteu5ion of time toith goob m rot shobin,PAM/-Ztbt Collector tacitly ron trnt5 aub agrets 0,at payee/3aetst � .1 � Cotltctor bn no bona-fibe berifiabtt claim re*5 allcgeb account. F �Y paptt/attic Collator tacitly cot%rurs anb agrees that Ztbt Collector has a butp for prtbenting Mi5 allrgeb acrssunt " from bamaging 3lgabtr in any Wv,,anb ttat-Mtbt Catttaor conft55t5 jubgmm anb fEUW rtstrbt5 the no for initiating a counterclaim against Mtbt Zotlettor,,aub for filing a claim against tl�t jSonb of any rt5ponsibte party,inclubing 30tbt , coltraor aub all principals,Agrum,a5stigntt5 of aefit Collector,bshost acts J onm,4tons rtsutts in tort bamagrs agam5t r ` Y Alaker Dat his 28th Qa �t 1tIav e2 rw- IS �. ,....i... .....'... }........,. ... .. ... MIZR.ATM ltMNEED ELC , Respondent! Maker Witness €� . .................... 1tT1eS5 .. .....? _...... Authorized erson indorse below. Print name and official title when oresentin this instrument for nave;nt. Government issued ID with photoggah required Le.only the fo€I win ? es of Ill acct ted; z state-issued Drivers License state"issued Identification Card-,.Pass __port Printed varve of Indorser Form of Photo identification � Ocit)I Title of Indorser Forret Offs i't rdentiftc torr Date of Presentment and Indorsement Sigftatitre`of Indorser ;. Right Thumb Print ~ Recording Requested by,and } ' When Recorded Return to MIZRAIM MOHAMMED EL - P.O. Box 1011 El Cerrito CA 9453081. 1 Respondent's International Administrative Remedy Demand No. :'l ML011699HHIA WER r Number : MML011699HHIA Date November 28, 2003" Pay to the ` Order of: ***Wil iam Pollacek C.C, County " f r ***Thirteen Thousand Five Hundred. Fifty Two 23 00 Us 3ustrument is renberrb by the Enbrmigntb kkgeubent,MIZRAIM MOHAMMED EL,brrtitsafter"•iitaktr to gook fa",anb in acrorunct btith tam,as robifitb at 4iCC 1-301, i 104,t-201(4)(20(30}.3-203(a}(6}3-104(a)(b) ` aub pubtic polity at Yioust 3omt Arsolutum 192 of June 5,1933,as full satisfartion of a allrgtb btbt claimeb aub ( ` alltgebip amtb in tabor of Pam herein,i.e. W.J.Po1laCek Tax Collector 1 b.b.a.it Debt collector,as per Vaptt's/;0tbt io tcror'5 Presentment: i Alleged Creditor: William J. Pollacek Tax Cpllector Alleged Account Num r: #03-316575 " Alleged Amount Due: $ # Z1 true anb torrra copy of i3rrstwitttnt is attartteb*tta,make fully part btrtof,aub indaw htrtin by reference.ebss 1 statement ronstiNies Aaktr's promist for paying this instrument upon presentment anb inbarstmtnt,at Aaktr's laration. C 01s an operation of labs,Payee/-atbt Coltrtrar tatitly Consents anb agr t5 that thtrt is arcorb anb kattis€attion by use of this instrument for satisfying Papet's 130tbr talltaor's claim tub Aaktr is baTbp bischargeb from liability an this f alitgeb account aub tht obligation is su5ptnbtb its artorbantt toith into as cobitirb at MCC 3-310(b),3-311,aub 3-603. :Maker bats not bsasbt timtiint55.*ot»tbtr,if Vaptr/-Mtbt Collector new abbitional time,paper/-Atbt Cotttttor roust � �_ `fit; prtsemt 3tlaktr baith a�iritten rr:ltttst far abbitfonal time taithim a reasonabtt time.setting fortl;the reasons�3apet/ °� Zrbt Collector requests an varnsion of time mills goob rause 5bottsn. At atrtptabilirp of any surf}requesat rertibrb by # � :Maker from 4,Baprr/Brit Cottector is ranbitiossal upon apprabat by Alaker.. z x a�n# .�u tett tbent this instrtssssrtrt is trot presntttb for papmemt mithim a reasonable , ptriob of tient>anb tare.t#as ltrttt nor 1st for an vrttnsian of tient tairb Boob cau5t stohin,Vapet;Mtbt Catlettor tacitlp consents anb agrtm that paprt/-Mtbt t . Cotlector has:,w bana-fibs btrifiabit claim rt this atltgtb atrount. Paper/mebt Collector tatitty constnts anb agrrrs that Mebt Collector has a butp for prebenting thts awgrb account from bamaginq Maker in any ivap,a"that Ztbt Collector ronfessts tutgatm anb Baker rtsrrnts tbt right for mitiarhtg a y countraiamt against Zebt Co€lertar,,aub tor filing a tlaitm against the isomb of any responsibit party,intlutring zebt collector,anb all principals,agents>x5siptr5 of Mebt Collector,m4tist arts/omissions results in tort bamagm against Dated Thi s 28th Dai C 2003 lir a :. ,...;.. .-. " ....... ..... ..:.. ......... .:.... ............. MIZRAIiv1 MC1, IA�MMED EL-C . Respondent Maker whileS$ ✓Zu .s!' ! `� si1t12'SS .. ... ' .. .. ... ................. ....! " �utl c>rired^e^son indorse ue#<sw Print n kme znd oilrciat titEe when tsresenting this instrument far avment. tst;ve n;nert ,S,ued Iii with photogg2h reuireu .e.o ty the ft}tlowing tures of ID aece ted <1� st_fmc �Lisued Drivers License state issued, Card Printed Name of Indorser Form of Photo Identification ' O ic,;ai ritieoflndorser Form fit ial Identi#rc-tic f '_ r Date of Presentment and Indorsement Signature of Indorserfl = � Right Thumb Print ` Sf�t Recording Requested by,anti , 1 of "^ 'When Recorded Return to: � r yti MIZRAIM MOH.ANINIED EL - P.Q. Sox l€tl I F1 Cerrito CA 94530 b Respondent's International Administrative Remedy Demand No. MMLOI16"H}HA ;.,r: X lk k^t.z..i x& �„aY,{d.�4$YX....v Yw. Y Y.�. ..$Y v.4 Y x,YF i' �dl:u�:Y 3Y.fiY I-:{3 797.Y"Y•}S#YaG YIMxr xY.fSlk 11,r k}y;Y'L+d{ +h..r.t�" }f y/'i,d t Vr,r. 9 f' ' ",^""„n"""' ,yyy{�� _ ^g"��rs�, �.w�''f �--- s""�y{{ 'Esa�,�L � 't""�'��t'r..cs�- N✓` s n.dmxn4'�,�L�✓' �.#o""++tv*a n..±�s*t,!,✓� ��" +.,.=^t»ti`"""'"tom.!"�=. •�A,,,,,��*��.' �......`�wnw c»«�. •.,, ,° •,� ° ��� q;�F� ?��•"s'�"""�h.�;dQ:�t f^ ,;;f VERIFICATION OF TENDER OF PAYMENT and 77, NOTICE t F RESERVATION Q #SIGH'FOR IH T-I +Gt�UNT RC IM and FOR FILING CLAIM AGAINST BOND Respondent's Private International Administrative Remedy Demand, No. MML011699-HHIA Introductory Certification The Undersigned ,PATRESE MOHAMMED EL 0,hereinafter"Declarant,"does herewith solemnly swear,declare,and state : 1. Declarant can competently state the matters set forth herewith . 2. Declarant has personal knowledge of the facts stated herein . 3. Declarant has read and signed this Verification of Tender of Payment and Notice of Reservation of Right for initiating Counderclaim Against Bond ,hereinafter"Tender and Reservation of Right! Plain Statement Of Facts 4. This Tender and Reservation of Rights is not interposed for purpose of delay . 5. This Tender and Reservation of Right does not prejudice William J. Po i i a c e k Tax,-Col lector in this matter. 6. Declarant does notjoininany merits ofPresentment of William. J. Pol.lacek Tax Collector , d.b.a. , a Debt Collector, Verification and Certification 7. The Undersigned Declarant,PATRESE MOHAMMED EL@,i.e. Declarant does herewith swear,declare, and affirm that Declarant executes this Tender and Reservation of Right with sincere intent,that Declarant can competently state the matters set forth herein,that the contents are true ,correct,complete, and certain , not misleading ,and the truth , the whole truth ,and nothing but the truth as per the best of Declarants knowledge and understanding . Further Declarant saith naught. Dated November 28, 2003 Signed : � - Witness .... +.,.J. -40' ......<.............. Witness .."Z/ : Y.:...................».....»....... Respondent's Private International Administrative Remedy Demand No. MML.011699-HHIA BT COLLECTOR DISCLOSURE STATEMENT ° f < Re"Offer of Performance" rrswers contained herein may be used by Respondent,If necessary,in any court of competent jurisdiction. :> lt+esEs:d,,t's Private International Administrstive,Reazedy bennitad N+1� 116"HHIA This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested irNlcadon of the record,i.e. `Confirmation of correctness, tn4h, or authenticity by affidavit, oath, or deposition' Black's Law Dictiona , Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practices Act, 15 USC §1692g, applicable portions of Truth in Lending (Regulation 2), 12 CER 226, and demands as cited above in Offer of Performance. Dent Collector must make all req"uIred disclosures clearly and conspicuously in writing re the following, 1. Name of Debt Collector ..........................................:...................................................................................... 2. Address of Debt Collector ........................................................................................ .................................. 3. Name of alleged Debtor. ................................................................................................................................ 4. Address of alleged Debtor: ......................................................................................... .................................. 5. Alleged Account Number. ................................................................................................................................ 6. Alleged debt owed:$...................................................................................................................................... 7. Date alleged debt became payable: ................................................................I................................................... 8. Re this alleged account,what is the name and address-of the alleged Original Creditor,if different from Debt Collector? ................................................................................................................................................................... 9. Fre this alleged account, if Debt Collector is different from alleged Original Creditor,does Debt{collector have a bona fide affidavit of assignment for entering into alleged original contract between alleged Original Creditor and alleged Debtor? YES NO 10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO NlA(Not Applicable) 11. If applicable,date of purchase of this alleged account from a€leged Original Creditor,and purchase amount: Date: ....... ............................................ ....... Amount: $............................................................................. 12. Did Debt Collector purchase this alleged account from a previous debt collector? YES NO NIA 13. if applicable,date of purchase of this alleged account from previous debt collector, and purchase amount: Date: ......................................... ..... Amount: $...................... 14, regarding this alleged account,Debt Collector is currently the: (a)Owner, (b)Assignee;(c)Other—explain: .......... ...................................... .................................................... 15. What are the terms of the transfer of rights re this alleged account? ....................................................................... .................................................................................................................................................................. 16. if applicable,transfer of rights re this alleged account was executed by the following method: (a)Assignment;(b)Negotiation;(c)Novation;(d)Other—explain:...............................I...... .................................. .................................................................................................................................................................. Respondent's Private International Administrative Remedy Demand No. MMLfli 1699HHIA account was by assignment,was thea consideration? YES NO NIA and rause of the consideration cited in#17 above?................... ... ........................................ 19. If the transfer of rights re this afleged account was by negotiation,was the alleged account taken for value? YES NO /A 20. What is the nature and cause of any value cited in#19 above?..... ................................................................ 21. If the transfer of rights re this alleged.account was by novation,was consent given by alleged Debtor? YES NO NIA 22. What is the nature and cause of any consent cited in#21 above?........... ...................... ........................................ 23. Has Debt Collector provided alleged Debtor with the requisite veriftca#ion of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO 24. Date said verification cited above in#23 was provided alleged Debtor: .......................... ...................................... 25. Was said verification cited above in#23 in the form of a swam or affirmed oath, affidavit,ordeposit€on? YES NO 26. Verification cited above in#23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION 27. Does Debt Collector have knowledge of any claims)/defense(s)rye this alleged account? YES NO 28. What is the nature and cause of any claims)/defense(s)re this alleged account'?....................................................... 29. Was alleged Debtor sold any products/services by Debt Collector? YES NO 30. What is the nature and cause of any products/services cited above in#29?............................................................. 31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO 32. What is the nature and cause of any verifiable commercial instrument cited above in#317......................................... .................................................................................................................................I--............... 33. Dees there exist verifiable evidence of an exchange of a benefit or detriment between'Debt Collector and alleged Debtor? YES NO 34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as,cited above in#33? 35. Does any evidence exist of verifiable external act(s)giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO 36. What is the nature and cause of any external act(s)giving the objective semblance of agreement from#35 above? 37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO 38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO Respondent's Private International Administrative Remedy Demand No. MML0116"HHIA riser!made by any creditor or debt collector regarding this alleged account? YES NO "` eductions been made by any creditor or debt collector regarding this alleged account? YES NO ave any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO 42. At the time the alleged original contract was executed, were all patties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO 43. At the time the alleged original contract was executed,were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO 44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO Debt Collector's failure, both intentional and otherwise, in completing/answering points °1" through "44"above and returning this Debt Collector Disclosure Statement, as well as providing Respondent with the requisite verification validating the hereinabove-referenced alleged debt,constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable,lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account. Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief. Date printed name of Signatory Official Title of Signatory Authorized Signature for Debt Collector Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USG §1692 et seq., and which states in relevant part: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,' which includes "the false representation of the character, or legal status of any debt," and `the threat to take any action that cannot legally be taken," all of which are violations of law, if Debt Collector does not respond as required by law, Debt Collector's claim willnot be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondeat please allow thirty(30)days for processing after Respondent's receipt of Debt Collector's response. Respoodent's Private International Administrative Remedy Demand No MMLOt 16"HHIA ... AFFIDAVIT OF MAILING f $tate Of California } County of Contra Costa ) I am over 18 years of age and not a party to the within action ; my business address is . d ar/ oS 8$ -&- Ali' LJ d C 44 On the i j..-2. -Q 3 , I mailed one copy of the following : NOTICE BY WRITTEN COMMUNICATION / SECURITY AGREEMENT dated 17 pages mailed herewith , including all attachments (not including this affidavit of mailing) by United States Post Office Registered Mail , article No. , Restricted Delivery , Return Receipt requested , in a sealed envelope with postage pre-paid , properly addressed to as follows ; Co-py Of Pres -_ntment (1:1i 1 1 } and ether at�t-anhm-nts i nc-1 i,, ad State of Caiifcrttsia County of cwtmcuata ;i FRANK R. 8i7'+ DEN nyati+� • _ t� �. Comm. 1323798 + bCd C and vUi51 t NOTARY PUSLIC-CALIFORNIA � Wn"'Pss my hand Q ogio ���w O CamtY of A Ameca ' Alt�tsty 1Ap Comm.€xp rec DGL 5,2G45 '� X**V S 1 declare under penalty of perjury under the laws of the Mate OfCalifon��— ve is t d. e correct and.complete , and that this Affidavit of Service was executed on :at Richmon , C 'forma. William J.Pollacek `i C County Treasurer-Tax Collector Russell V.Watts Z ' Chief Deputy Treasurer-Tax IV X u r 0 o C_ � Collector Joslyn Mitchell -0. Tax Operations Supervisor ut � � r w rn t. CT` QAmount $: 20,013.79 p C/) : :heck No: NONE ` I< heck Date: ;scrow# i 28/03 n the above referenced account has been paid. �Ilment payments made after April 10. Contra Costa County or the State. _ter from the liability to pay taxes owed, nor does it y :xation Code, section 261/21/0110.5). ' mber, property location and owner name. After due date. ar taxes. A payment plan may be initiated on prior year 'ling timely tax payment,be responsible for proper Sly se penalties if payment is late as the result of improper three Prornissory Notes included. We are se mate by United Stags Dollars, certified funds, tes are unacceptable. Thankyou. t. o you, 4"ZI1L�WR� MB Russell V. Watts Chief Deputy Treasurer-Tax Collector G�{fV <3 t �� e r r-lax Collector's ` Contra William J.Po#lacek ) Count Treasurer-Tax Collector ourt Street Y 3 ::rriance Costa Building, Room 100 l Russell V.watts } P. O.Box 631County Chief Deputy Treasurer-Tax Martinez,California 94553-0063 el, Collector (925)646-4122 (925)957-2898 FAX ; ; Joslyn Mitchell Tax operations Supervisor V EL, MIZRA.IM MOHAMMED P O BOX 1011 EL CERRITO, CA 94530 Date: 12/2/03 Amount$: 20,013.79 Parcel # 549-191-005, 549-071-025: Check No: NONE 549-071-024 Prior Year# Check Bate: Tax Year: 2003-2004 Escrow4 Dear TAXPAYER: The following responds to the above subject matter: XXX Regarding Your LETTER OF 11/28/03 The Is' installment of secured property taxes on the above referenced account has been paid. Check is for an incorrect amount. The 10%penalty is not included--due on first installment payments made after April 10. Taxpayer has history of ownership of real property in Contra Costa County or the State. Failure to receive a tax bill does not relieve the owner from the liability to pay taxes owed, nor does it relieve the imposition of penalties (Revenue and Taxation Code, section 261/21/0110.5). Unable to identify payment. Please provide parcel number, property location and owner name. Envelope officially postmarked: After due date. Check does not belong to Contra Costa County. Partial payments are not accepted on current year taxes. A payment plan may be initiated on prior year delinquent taxes and after July 1St current taxes. California law requires that the taxpayer, when mailing timely tax payment, be responsible for proper address with postage prepaid, and does not excuse penalties if payment is late as the result of improper address. XXX We have received your letter dated 11/28/03 with three Promissory Nates included. We are retuErningthem all. Payment of taxes mayonly be made by United States Dollars, certified funds, personal cheek. or credit card. Promissory nates are unacceptable. Thank you. Thank you, 44 h� MB Russell V. Watts Chief Deputy Treasurer-Tax Collector ... - VERIFICATION REPORT TIME : 12f05r`2303 10: 26 } 3 NAME STAPLES FAX 15102310264 TEL 5102310264 C3 �' ` _n C3 gas ILI k- V) _ .� 12/05 10:24 19259572898 +(� j 00:01:25 ... . �' 03 OK C3tit FINE so X ECM rd ru 0oQ 4 El . kk :t Saks ; 6L��t t . Complimentary Fax Cover Sheet �,jSS FL rUWJ-(' 444S From: Fax# (92r) 9 5 '7-- Phone Date: o Urgent, O Confidential 0 Confirm Receipt Number of Pages: Reply Fax #: (Including Over) Message: Staples Copy Centers also offers these additional services: High Speed Slack and White Copying Digital Color Convenient Self-Serve Copiers Sinding Services Laminating Services Custom Stamps& Engraving Custom Printing Custom Checks &Farms Personalized Calendars ! M Online Copying: CenterFrom your Desktop PC to your hip doorstep In as tittle as two hoursl Your UPS Authorized Shipping Nutlet For Details see lus at: pp $ http:tfsta2les.nowdocs corn $ 'k5aa k"o T3`zfsw To: Russel V. Watts From: Mizraim Mohammed El UCC I-207 Date: Friday 92-05-03 Re. Payment of Taxes, Paid on November 28, 2003 1 am in receipt of your tetter on 12-02-03. Regardless of the fact that you returned the Maker's Promissory Notes.., this action you took does not mar the fact that the Alleged Debt of $24,013.79 HAS BEEN DISTINGUISHED(paid) . According to the Uniform Commercial Code Section 3-104 , a Certified Promissory Note Fulfills the legal Definition of a negotiable instrument and discharges any alleged debt, if said alleged debt is verified and or validated . In the "Payment-in-full-Pack" Maker sent you on 11-28-03 was a 40 question DEBT COLLECTOR DISCLOSURE STATEMENT to which you must complete to'VERIFY OR VALIDATE that this debt of$20.013.79 is real .This must be done according to: 1 -Fair Debt Collection Practices Act, 15 USC 1692g 2-Code of Federal Regulations 226 3-The Privacy Act of 1974 amended in 12 USC 3401 4-Right to Financial Privacy Act of 1978 amended in 5 USC 552a 5-Third Party Summons Act, special procedures, 26 USC 76€9 Might I also remind you that according to[Tompson v. State , 90 Tex. Cr. R. 125, 234 S. W. 406, 4081 a United States Uoilar is a unit coined in both gold and silver and is the value of one hundred cents . Because of HJR 192 June 5, 1933(Public Policy) no person is allowed to pay debt in gold or silver. This Resolution is still in tact and according to that resolution the Creditor cannot demand a particular kind of coin or currency to pay the debt. Maker is not in argument with the amount of the alleged debt. Maker is willing to pay the alleged debt. The tax collector wants FEDERAL RESERVE NOTES FOR THE PAYMENT OF THE ALLEGED DEBT OF $20,013.79 . The maker does not have FRN's enough to pay that debt l Maker LAWFULLY paid the mentioned alleged debt with that which is equal to the Federal Reserve Note which is a Certified Promissory Note .THE ALLEGED DEBT WAS PAID BY THOSE 3 NOTES ON 11-28-03. Maker wants to know that by Creditors action(Tax Collector)do you: Accept this offer or Reject this offer or Object regarding the made of this Offer Tax Collector's letter did not make this clear. Please send me a plain and simple answer in the mail with in 10 days. William J. Pollacek I`' a �Tector's Contra County Treasurer-lax Collector ..c�urL StreetCosta Russett V.Watts Finance Building, Room 100 Deputy Treasurer-Tax Collector P. 0. Box 631 County Joslyn Mitchell Martinez, California 94553-0063 Tax Operations Supervisor (926)646-4122 (925)957-2896 FAX -,"r Craig J.Loop Tax Systems Business Manager El, Mizraim Mohammed December 8, 2003 PO Box 1011 El Cerrito, CA 94530 Re: 11/28/03 Letter concerning 2003-2004 IS` Installment with Promissory Notes for APN's 549- 191-005, 549-071-025 and 549-071-024. Dear Mr. E1: The authority you cite in your letter is not applicable to the payment of property taxes. California property taxes are payable only in the legal mediums specified in Revenueand Taxation Code Secs. 2501 et. seq. A promissory note, regardless of whether denominated "certified", is not an acceptable medium of payment. Please be advised that failure to timely pay the full amount due, in a lawful medium of payment, will result in substantial financial penalties as provided by law. Moreover, your property may be sold to pay taxes, if delinquent for the specified statutory time. Sincerely, ;1 `I Russell Watts Chief Deputy 4 TRANSMISSION VERIFICATION REPORT TIME 121111/2003 12' t'�' NAME STI FLES FAX 1 a1 X2310<� 4 TEti 51 e2310264 12/11 12:1.2 19259572898 00:00:96 02 OK _ STANDARD ECUS sit Compli "funtary Faxe^t To: � From: Phone 4r1 ( f .s Urgent ❑ Confidential C--nfim Receipt { _ Rely Fax #: ` 1 vee _Y I Yl. From : Alleged Debtor Mizraim Mohammed El To : Russell Watts Chief Deputy Alleged Creditor Treasurer'-Tax Collector Subject : Your Letter of December 8, 2003 Today's Date : 12-11-03 1 am in receipt of your letter and I still do not have an answer to my question I directed to you in my Memo - sent and faxed -to you dated 12-05-03. 1 ask this question for the final time Do you Accept my offer , or , reject my offer , or Object regarding the mode of my Offer . If you are in the business of collecting a debt according to the UNITED STATES CODE you must answer either of the three questions when an alleged debtor disputes the debt or any portion thereof . 1 sent Mr. Pollacek a 42 questionnaire for Creditors (collectors) that someone in your office must address before "Debtor in dispute" of alleged debt is forced to pay the alleged debt according to Law. I remind you that I did not receive papers associated with the returned p. notes . What happened to them...? As far as what you state in your letter about California is not valid . California does not have it's own currency..; If it did It would not be apart of the Union . According to HJR 192 Promissory Notes (FrN's and Other Forms of Notes) are for "all debts Public Or Private" I have settled the alleged debt . I am lawful . You are discriminating against my mode of payment and refuse to take my acceptance. You and your Office are denying me of my American rights and Immunities and are against Public Policy of the United States . Your letter is sending a clear and present threat to me and the property . I am faxing you this letter only . Peace ! Oat 34 03 06: 18p p. 6 .. ............ .. SILENCE - FRAU11 ClEA P MSTMNE The Clearfield Doctrine{ref: Clearfield Trurst Cu rr-pla v. U. ._318 US 363(1943) was eloquently expressed as follows Governments descend to the level of a were corporation and ike on the character of private citizen(where private corporate commercial Pape I e rarities[ are toneerned)...For purposes of suit,such corporations and int vi{dnaLls are regarded as an entity entirely separate from the government." Bank of U.S.v Planters Bank[Wheaton(22 US)9041; b L. ''A 24. Also, "When governments enter the world of commerce,the. are subject to the some burdens as any private firm or corporation." United States v.Burr 309 U.S. 242 ":Vlerrce cora Omk he Mated lvith&„road when there is a legal i vra'L4A to speak or when an imiry left unaaswred would he int+errknally miller ten The Continued s0ence,by say failure to deny by the"servict ' a.tr,ongly suggests the validity of my claim of NOT being one subject to form W-4 v O h vlding.It would seem most appropriate for your counsel to review their error ous position, " Silence carr only be equaled with fraud where there is a keg:: or moral duty to speak or where an inquiry left unanswered would be inteutic ally misleading"". ... We cannot condone this shocking conduct by the IPS. Our r �e:arte system is Lased on the good faith of the taxpayers and the taxpayers should k :able to expect the same from the government in its enforcement and collection rtiv;ties.During oral argument counsel for the government staters that these prece Erre;were`routine." If that is the case,we hope our message is clear.This sort of 4, !cq turn will not be tolerated and if this is the"routine,"it should be corrected it rrrerliateky. U.S..Y.Twee!,550 F 2d 297,299-300(1977 Apr 14 03 85. 14p ,lames Tolbert, 323 938-4490 p.8 Public Policy HJR-192 JOINT RESOLUTION TO SUSPEND THE GOLD STANDARD AND ABROGATE THE GOLD CLAUSE,JUNE 5, 1933 H.J.Res. 192,73rd Coag., lot Session Joint resolution to assure uniform value to the coins and currencies of the United States. Whereas the holding of or dealing in gold affect the public interest,and therefore subject to proper regulation and restriction; and Whereas the existing emergency has disclosed that provisions of'obligations which purport to give the obligee a right to require payment in gold or a particular kind of coin currency of the United States,or in an amount of money of the United States measured thereby,obstruct the power of the Congress to regulate the value of money of the United States, and are inconsistent with the declared policy of the Congress to maintain at all times the equal power of every dollar, coined or fissured by the United States, in the markets and in the payment of debts.Now, therefore,he it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,That(a)fyn� ,Drovisiorr contained to or made with res ect to an bl" "on which yuEgarts,to g v ejbl ee a ri ht to ranine ac went in gold or'a Bartigular kind of coin or 0MgM or in arr am unt i anon v of the l3nited States ured the is declar to a sinal Public P�li+c • and no such provision shall be contain in yr made wilb MRSet n o li ti hexa fter incur .Eve o eretofore or hereafter incurred,whe or not anv such provisions is cern infind or t t gr�eta sial he discha ed upgo MLyMLeA ftla[or dollar in any such coin or currency which at the time of payment is legal tender for the public and private debts.Any such provision contained in any law authorizing obligations to be issued by or under authority of the United States,is hereby repealed,but the repeal of any such provision shall not invalidate any other provision or authority contained in such law. (b).As used in this resolution, the term"obligation" means and obligation',means and obligations(including every obligation of and to the United States,Snoting currency)payable in money of the United States; and the term"coin or currency�" means coin or currency of the United States,jSrJM#-i_ft Eederat Be&Vve motes and circulating notes of Federal Reserve banks and national banking associations. SEC. 2.The last sentence of paragraph (1)of subsection(b)of section 43 of the Act entitled An Act to relieve the existing national economic emergency by increasing agricultural purchasing power,to raise revenue for extraordinary expenses incurred by reason of such emergency,to provide emergency relief"to agricultural Pudic Policy HJR-192 JOINT RESOLUTION TO SUSPEND THE. GOLD STANDARD AND ABROGATE THE GOLD CLAUSE, JUNE 5, 1333 N.J. Res. 192, 73rd Cong., '1st Session Joint resolution to assure uniform value to the coins and currencies of the United States. Whereas the holdinu oT or dealing in 9oid'affect the'publlc inteeest, and therefore, Subject to proper regulation and restriction; and ', s Whereas the existing emergency has ( isclosed that-provisions of obligations which purport td give the obliges a right to require payment in gold or aparticular kind of gain or currency of the United States, or in an amount of money of the United States measured thereby, obstruct the power of the Congress to regulate the value of money of the united States, and are inconsistent with the declared policy of the Congress to maintain at all times the equal power of every dollar, coined or issued by the United States, in the markets and in thw payment of debts. Now, therefore, be it Resolved by the Senate and House of representatives of the United States of America in Congress assembled, That (a) every provision contained in or mad with res ect to- any ob#i ation whichuri�orts to Dive the obii ee a right to re airs oa rent in quid or a articular kind of coin or cairn nc or in an amount in money of the United States measured thereby, is declared to be against Public Polic and no su h revision shall be contained in or made with r escect to an obli anon hereafter 'incurred. Eve obligation heretofore or hc:rt..after incurred. whether or notany such ~rroyisi ons acontained therein or made w>tr resQect thereto shall be dischar upon m nt dollar for dollar, in any such coin or currency which at the time of paymient is legal tender for public and private debts. Any such provision contained in any,law authorizing obligations to be issued by or under authority of the United States, is hereby repealed, but the repeal of any such provision shall not invalidate any other provision or authority contained in such law. M As used in this reSolL,tion, the term "obligation" means an obligation (including . every cab€igation of and to the United States, excepting currency lein rnone�l of the United States, and the terra "coin or currency" means corn or currencyof the ed States, includ'no Pederai Reserve notes and circulating notes.of Federal Reserve banks and rational banking associations, SEC. 2. The last sentence of paragraph (1).of subsection (b) of section 43 of the Act entitled " An Act to relievf:.- the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural ----------- ...................... ................................. ................. .............. .............. X .......... ............. ................ il, K ............. ..........................: X:%:X:X:X:X:X:X:-: ................ ............. .................. ....... ........................... C:j C3 ................ iiiiiii C:) .................. ........................ ..................... iii:i* ...... iiiiiiii cr uw�wmmw— ..... ..... C? CIO iiiiii:E32 ................. ID ........... ........... X. ............ .......................... ..... ..... Ln ......... .............. .............. -oix . ............... ... .. ........... .:x::i:i:i-i:i:i:i ................................. . ....................... ............ ...... CLAIM O F S 'ERV RS F C NTRA COSTA CO NTY + BOARD ACTION. JANUARY 20 2004 Claim Against the County, or District Governed.by ) the Board of Supervisors,Routing.Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to } The copy of this document mailed to you is your California Government Codes, ) notice of the action taken on your claim by the .Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: EXCEEDING $10,000.00 IIS I' IE JURISDICTION OVER THE SAME TO REST IN THE SUPERIOR COURT. CLAIMANT: ANGELIC I EYN M. OPERARIO (Minor) ATTORNEY: CARL EDGAR C. JACOBA DATE RECEIVED: DECEMBER 17, 2403 ADDRESS: 1849 WILIDW PASS ROAD; STE. 202 BY DELIVERY TO CLERK ON: DECEMBER 17, 2003 CONCORD, CA 94524 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 SWEETEN15 Dated: DECEMBER 17,.:2003e By: Deputy66 i. SI. MOM: County Counsel.. TO: Clezk of the Board of Supervisors This claim complies substantially.with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Clerk should returnclaim 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: 'nL11 BY., ; h 1L-1s i Deputy Count Counsel ISI. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). VBOARD 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: i240 JOHN SWEETEN, CLERK,By , Deputy Clerk WARNING(Gov. code sec n 913) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seep 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 cql, 4W0HN SWEETEN, CLERK By Deputy Clerk __... _........ ......... ......... .....-_.. ......... ......... ........ ......... ....... .......... ................................... Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSIRUMQNS 10 CI. A. Claims elating to causes of action for death or for injury to person or to personal property or growing crops and which accrete on or before December 31,1987,must be presented nae later than the 10&day after the accrual of the cause of action.Claims rotating to causes of action for dearth 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 lair than six montlis after the accrual ofthe cause of action. Claims relating to any other cause ofaction must be presented not later than one year after the accrual ofthe cause of action. (Gov't Code 911.2.). B. Claims must be filed with the Clerk of the Board of Supervisors at its office-in Room 106, County Administration wilding,651 Pine Street,Martiw.4 CA 9 4553. C. If claim is against a district governed by the Board of Supervisors„rather than the County,the name of the District should be fitted in. D. If the claim is against more than one,Public entity, separate claims must be filed against each public entity_ . E. . See penalty for fraudulent claims,Penal Code See.72 at the end of this form. RE: Claiin By Reserved for Clerk's filing stamp Angelic Raeyn M. Operario (Minor) ) RECEIVED Against the County of Contra Costa or ) DEC 17 LUU.i ) District) CLERK BOARD OF SUPERVISORS (Fill in name) ) CONTRACOSTACO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the surra oft see par.6)and in support ofthis claim represents ss follows: 1. When did the damage or injury o (Give exact date acid hoar) June 17, 2003, 10:05 a.m. 2. Where did the damage or injury owe(Include city and county) City of Martinez, Contra Costa County - 3. How did the damage or injury occtir?(Give full details;use extra paper if required) Claimant was born with a genetic birth defect known as Down Syndrome and other birth defects involving her heart. 4. Wbat particular act or omission on the part of'county or district o+fficers,setrt►arsts.o caused wsed the ' ins ry or damage? County health care employees who rendered medical services to claimant's tnother while pregnant with claimant negligently failed to properly diagnose claimant's Down Syndrome and other birth defects prior to her birth, and thus failed to timely inform her mother thereof, causing claimant's wrongful life which claimant's mother could have avoided. S. What are the Warnes of county or district offiicers,servants,or employees using the damage or injury? Dr. Carol Fischel, M.D. (Pittsburg Health Center) The names of other county employees who caused claimant's damages are still unknown. 6. Who damage or i*trues do you claim resulted?(Give full extent ofinjuries or damages claimed.Attack two estimates for auto d=arge.) General and special damages resulting from wrongful life, such as medical care and related expenses, expenses for claimant's special needs due to her birth defects, among others, the total amount exceeding $10,{140, with the jurisdiction over the same to rest in the Superior Court. 7. How was the amount claimed above computed?(hwlude the estimated amount ofany prospective injury or damage.) Claimant's claim is based on present and prospective damages the amounts of which are still undetermined. 8. Names anis addresses ofwitnesses,doctors.and hospitals. Dr. John Waterson, M.D., Oakland Children's Hospital, 747 52nd St., Oakland, CA 94609. Contra Costa Regional Medical Center, Martinez, .CA.- Pittsburg Health Center, Pittsburg, CA. 9. List the expenditures you made on account of this accident or injurry. I3A'FE - Al�f3 '1` - Claimant is still further investigating her claim and will provide a list of her special damages when such amounts become available. ##########i###*########*#######*#####f#####i�#:ik#it#####!!####tilt#�t####yk##�M*�1###########*a►### Gov.Code Sec.9102 provides"The claim must be s4pied by the claimant or by some VeTson on his behalf.' Name and Address ofAttonny ) Carl Edgar C. Jacoba, Esq. 1849 Willow Pass Rd., Ste. 202 j Concord, CA 94520 EDGAR C. JACADA j Counsel for Angelic Raeyn M. Operario } Telepb=No._(925) 676-4529 ? Teleplone No. ii*•#t**#i#:.ossa###s###.+�#s#t####+Ksisis�t#issssi##sssfssssssss#ssisits�ss*assn«#�:«#i#i#*+ NOTIM Sotdon 72 of the Fcmd Celapmvid : Everypessens wbo.wit)►k*=tv deft=q„p= ate fora5 reardopayn ewm arty amte boa d ar aftm or to my co=Y•cry,crdisbict ba=d car oto.wised tnadieararpaYr tbt same ifs. ttrtse qr cbdna,6 votsct���rsitiag„� e bgt is tbe,ranrsty�for a ps�iad of amt more thaut arm years by:�ofscot �g orae '�#tl0tij arby boRb s�L' �. mt ie gaMc prises,by a gne at'�t S ten ftoW dog=MO.Oft erby Wks ` CLAIM BC3 OF VIS ItS OF CONTRA CQSTA CC?LJIti'TY 10AM AC1I0D1&J 1 2-0� 2Q24., Claim Against the County, or District Governed by } the Board of Supervisors,Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section referencesrc'to } The copy of this document mailed to you is your California.Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4.Please note all`tWarnings" AMOUNT: EXCEEDING $1.01000.00 WITH THE ,JURISDICTION OVER WHICH TO REST IN ..THE SUPERIOR COURT. CLAIMANT: ANGELICA M. - DE JESUS ATTORNEY: CARL EDGAR C. JACOBA DATE RECEIVED- DECEMBER 17, 2003 ADDRESS: 1849 WILLOW PASS ROAD`. STE. 202 BY DELIVERY TO CLERK ON: DECEMBER 17 2003 CONCORD, CA' 94520 BY MAL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supomisors TO: County Counsel Attached is a copy of the above-noted claim. JOIN SWEETE l r Dated: DECEMBER 1.7,. 200; BY: Deputy II. FROM: County Counsel. TO: Clerk of the Board of Superui This claire complies substantially with Sections 910 and 910.2. { ) This Claim FAILS to comply substantially with Sections 910 and 910.2,and we are;so notifying claimant. The Board cannot act for 15 days(Section 910.8). ( } Claim is not timely filed, The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). ( } Other: Dated: %. .j11 �4, Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel{1} County Administrator(2) { } Claim was returned as untimely with notice to claimant(Section 911.3). IV/. BOARD ORDER: By unanimous vote of the Supervisors present: (VThis 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. .90 JOHN SWEETEN,CLERK, By ,Deputy Clerk WARNING(Gov. code section-9 13) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seen the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so immediate) *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of penury 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: OI N SWEETEN, CLERK.By Deputy Clerk Crim to: BOARD OF SW VISORS OF CONTRA COSTA COUNTY DISTRUCTIGNS To CL . A. Claims relating to caws of action for death or for injury to person or to personal Property or growing crops and w bicb accrue on or bore December 31. 1987,must be presented not later than the I Oe day after the accrual of the cause of action.Claims relating to causes of action for death or for injury to person or to personal property or growing crops and wrbich 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 ofa:ction must be presented not later than one year after the accrual ofthe cause of action. (Gov't Code 911.2). B. Claims must be filed with the Cleric of the Board of Supervisors at its office-in Room 106, County Administration Building.651 Pine Street,Martinez,CA 94553. C. If claim is against a district governed by the Board of Supervisors,rather than the County,the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. EmuA. See penalty for fraudulent claims,Penal Code Sec.72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp Angelica M. tae Jesus } RECEIVED Against the County of Contra.Costa or ) 17 LUtl3 District) (Pill in name) j CLERK BOARD OF SUPERVISORS CONTRA COSTA CQ. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sura of(see par. and in support ofthis claim represents as follows: 1. When did the damage or injury occur?(Clive exact date and hour) June 17, 2003, 1.0:05 a.m. 2. Where dict the damage or injury occur?(Include city and county) City of Martinez, Contra Costa County 3. How did the damage or injury occur?(Give full details;use extra paper if required)' Claimant gave birth to her daughter, Angelic M. Operario, who has a genetic birth defect known as Down Syndrome and other birth defects involving her heart. 4. What particular act or omission on the part cif oxmty or district officers,servants,or employers caused the injury or damage? County health care employees who rendered medical services to claimant during her pregnancy with Angelic negligently, and in breach of contract, failed to properly diagnose Angelic's Doom Syndrome and other birth defects prior .to her birth, and thus failed to timely inform claimant thereof, causing Angelic`s wrongful birth which claimant could have S. What are the narnts of county or district officeas,,servants,or employees causing the damage or injury?/avoided. Dr. Carol Fischel, M.D. (Pittsburg Health Center) The names of other county employees who caused claimant's damage and injury are still uT9&-t damage or injuries do you claire resuhed? Give full extent of injuries or damages claimed.Attach ma two estimates for auto dagge.) Claimant suffered general damages_for pain and suffering and emotional distress, special damages for medical care and related expenses for herself and her daughter, expenses for special needs of Angelic, and loss of earnings!, the total amount of damages exceeding $10,000 with jurisdiction over which to rest in the Superior Court. 7. How was the amount claimed above computed?(Include the estimated amount ofany prospective injury or damage.) The above damages are based on present and future general and special damages which are still undetermined. 8. Names and addresses ofwitnesses,doctors,and hospitals. Dr. John Waterson, M.D., Oakland Children's Hospital, 747 52nd St. , Oakland, CA 94609 Contra Costa Regional Medical Center, Martinez, CA Pittsburg Health Center, Pittsburg, CA 9. List the expenditures you made on account of this accident or injury. . vIf3ZJl�t'r . Claimant is still in the process of further investigating her claim and will provide a list ]o}}f^^�� her current and prospective special damages when the amounts thereof become aV#�i��'#�i;#####i*###*###t##t*4####,t#####RSR#+►*#####�iit####«##f#M#i#*##�R#*4it##�Y##+«##*##i#*### ) Gov.Code Sec.9102 provides"The claim must be ) signed by the claimant or some person on his behalf." NMCES IQ: ?tame and Address ofAttorrtey ) Carl Edgar C. Jacoba, Esq. ) --- 1.849 Willow Pass Rd., Ste. 202 } Concord, CA 94520 } C. ACOBA Co el for Angelica M. De Jesus } ) } Tele phone Na. (925) 676-4529 )Telephone No. - #s*##*s#**#*�►tr##ssssssts###sssssrsssssssw+k**sssss*f+ttssss*s*sss#+is#+t*#__*i*s#s#�+*##*�Y###s# NOTICE Section 72 of the Penal Cote pmidm Every person whk with mum to dem presents Sw ANummee as the pry 0 my awe board or officer.or to any W=ty.+city.ordistrid board or cffii+cm awhorlod to dbw or pay the swee WSpai ae.any Dist or ftanMw claim.bA acerannt. voucher,or wwkbw.is pmhkft tither by impdmumat In de cmusy,ja it far a period of awl mom am ane yew.by a fine of w( te wweeding one d(St.Oft am by bo&sorb�and�wby impiwanxft in the soft Vdm by a fine of exceeding ten thousand Balk a(510.0 t3},at by bolls sari inqWhonamm ad doe. CLAIM BgABR OF S -P RVIS F CONTRA COSTA COUNTY BOARD ACTIC?N:JANUARY 20, 2004 Claim Against the County,or District Governed by ) the Beard of Supervisors,.Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Sectionn references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action'taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4, Please note all"Warnings". AMOUNT: OVER $50 j0OO.00 CLAIMANT: MEL SSA KING, A MINOR, CHARLES KING (FATHER) NATIE KING .(SER),. Aa INDIVIDUAL CLAIMANTS ATTORNEY: JEREMY PASTERNAK DATE RECEIVED: DECEMBER 19,; 2003 ADDRESS: THE DOLAN LAW FIRM BY DELIVERY TO CLERK ON:DECEMBER 19„ 2003 333 PINE S'T'REET, 4th FLOOR SAN FRANCISCO, CA 94104 BY MAIL POSTMARKED: DECEMBER 189 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copyof the above-noted claim. JOHN SWEET , DECEMBER 19 20003 Dated: s By Deputy- 11. WOM County Counsel,,,.:%: TO:Clerk of the Burd of Su sons This claim complies substantially with Sections 910 and 910.2. { ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant.The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed.The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { ) Other- Dated BY, Deputy County'Counsel III, FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. CARD ORDER: By unanimous vote of the Supervisors present: (�4 This Claim is rejected in full. ( ) Other: i I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:9- JOHN SWEETEN, CLERK,By , Deputy Clerk WARNING(Gov; code s on 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail,to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter.If you want to consult an attorney, you should do so i mediatel . *For Additional 'W'amm 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. Dat �0?-#VJOI3N SWEETEN, CLERIC.By Deputy Clerk 925 335 1421 P.02 Claim to; B0ARD OF SUPERVISORS OF CONTRA CMA COUNTY INSTRUCTIONS TO CLADWTr A. Claims relating to causes of action for death or for injury to person or to per- sonal property or grouting crops and which accrue on or before December 31, 1967, must be presented not Later than the 100th clay after the accrual of the cause of action. Maims relating to causes of action for.death or for injury to person or to personal property or growing crops and,Stich accrue on orfi 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 fAm one year after the.,acc1r%2l of the cause of action. (Govt. Code §911.7.) B. Claims must be filed with the Clerk of the Boa I rd of Supavisors at its .office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District. should be filled in. D. If the claim is against more than one public entity, separate claims crust 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 Melissa King , „a minor, Charles King lfat Pr} _..mat alip King (mother) , all individual claimalts ,,�_ inst the Cy Agaf contra.Costa } � ° ` DEC 1 9 is Water Reclamation District} pRRiJ 10)F • CONTRA CO- t t The undersigned claimant hereby. makes claim against the County of Contra Costa or the above-nod District in the sum of $ over $50,000.00 — and inn support of this claim represents -as follows 1. When did the or in occcrr? (Give exact date and hour) 6/22/03, approx ." 7. 2 ., 2. Where did the damage or injury occur? (Include city and county) at or near Santa Fe (Faye)cut of NOrth Old River ; GPS readinings per She if i v ant a or re 7�-5 —61�3 north and 121-33--971 west and then at' an oantie ( 'aye Is and 3. Hoyt did the damage or injury occur? (Give full details; use extra paper if required) Two boats collided in the water—way. THe boat in which Melissa King was travelling hit the bank. Melissa King was thrown from the boat , sustaining injuries. 4. What particular act or omission on the part of county or district officers# servants or.employees caused. the.injury or. damage? THere was no signage,,..;.xio wage's—way marykle�rs; .,4arri%'rigs , or' other steps taken to prevent or designed to prevent this accident despite the existence of conditions and/or changed conditions and a history of accidence at ' and near this location and of tthis type 925 335 1421 P.03 What a.re the names of county or district officers, servants or employees causing the damage or injury's Uknown . 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto daMage. Including but not limited to puncture left leg , fractured. cheek bone, orbital fracture , injury toeye , permanent scars , face and head lacerations , Burger to Melissa King . Medical expenses , Una pain Una Nullerill o aTT 77- Hyo w was t e irbunt cla abovecomputed. Include the estimated amount of any prospective injury or daMage.) AMounts unknown . Include emotional distress/ pain and suffering , medical care, including helicopter evac . , hospital/doctor bills, surgery bills , travel expenses , lost wages . 8. Names and addresses of witnesses., doctors and hospitals. Dr. Pattie Bishop , 744 52nd StreetSte . 4100, Oakland, CA . 510-547-1500 Dr . Stephen Daane He same address 5th floor , 510-428- 024• Chris Ladakakos 747 52nd St . , Oakland , CA 94609, 5i0-428-3885 ; Children A H6spital , Oakland 9. List the expenditures you made on account of this accident or injury; DATE ITEM AMC]UNT Expenditure amounts unknown; please see above a a a � a � � a � .a � e a � r� � a � -� a,a a a a a, a a•� -� � a a a � a e � � e �,e a Gov. Cade .pec. '913:2 provides: Me claim mast be signed by the claimant SEND NOTICES TO: (Attorney) or by some verson on hisJxialf." Name and Address of Attozy Jeremy Pasternak, tlt`a The Dolan Law Firm remy asternak, ..for all claimants 333 Pine . St . , 4th Floor San Francisco , CA , 94104 Address Telephone No. 415-421-2800 Telephone No. lF �F �E r NOTICE Sectio 72 of the Penal Code provides: "Every person who,, with intent to defraud, presents for allowannce 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, vcuc , or writing, is punishable either by impriso6ment in the county jail,for a. period of not more t An one.year, by a fine of not exceeding one thousand ($1,000), or by,both such' imQ risoriment and fine-,-or by imprisonment in the state prison, by a fine of not exceeding ten thousand .dollars ($10,000, or by both such imprisonment and fine. TOTAL P.03 ......................................................................... ..................................................................................... <C ........ .. ............ .... .... ... .............. ..... ...... ..... .......... . ......... .. ........ ------------- IMF It a u .: C..D F �# 10 Lj lz o Le W55 � cao ` taw .. ,. 11 is D � ................ CO CfD :. V e •' w m UP .a., air" _Ln cal It IN p a3(133N H3flOd ON . , __ _ ........„.,, _ CLAIM g F S ERV S S _0F!gQNTBA COSTA gQYINTY BOARD AC I0 gANUARY 2�7a 2t3#�4 ' Claim Against the County,or District Caverned by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action.All Section references are to ) The copy of this document mailed to you is your California Government Codes. } notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: IN EXCESS OF $25,000 f 3 CLAIMANT: CHRISTOPHER` IS©LA ATTORNEY: ROBERT E.' BREECKER DATE RECEIVED: DECEMBER 19 2003 ADDRESS: 440 GRANDAVENUEI , SUITE 420 BY DELIVERY TO CLERK ON: DECEMBER 19 2003 OAKLAND, CA 94610 BY MAIL'POSTMARKED: RECEIVED THRU FAX FROM: Clerk of the Board of yup visors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE rk Dated: DECEMBER 19;, 2003 By: Deputy II. FROM: County Counsel, TO: Clerk of tho Board of Supervisors sors This claim complies substantially with,Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2; and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } 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 911.0. ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( } Claim was renamed as untimely with notice to claimant(Section 911.3). IV,,,BOARD ORDER: By unanimous vote of the Supervisors present: (V This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Carder entered in its minutes for this date. Dat JOHN SWEETEN, CLERK,By Deputy Clerk WARNING(Gov. core sectio 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail,to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of'youc choice in connection with this matter.If you want to consult an attorney,you should do so irnmediatcl . *For Additional Wamn See Reverse Side of This Notice: AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States,over age 18;and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN,CLERK By Deputy Clerk »t Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 1NSTRUI ..T C1,A_lt�ta-r A. Claims relating to causes.ofaction for death or for iolury to person or to personal property or growing crops and which accrue on or befeere fiber 31, 1987,most be presented not later than the 10t'#a'day alter the accrual cfthe cum of action.+Grams relating to causes of action for death or for injury to person or to personal property or growing crops and which aconin on or after January 1, 19t3B,must be presented not tater than six months atter thio amuat of the cause of action.Claims relating to any other causes ofa+on must be presented not latex than one yew after the accrual of the cause ofaction. (Gov't Code 911.2.). B. Claims pct be filed with the Cleric of the Board of Supervisors at its office in Roont 106,County Administration Building,651 Pine Street,Martinez,CA 94333- C. If claim is against a tfWict governed by the Board of Supervisors,rather than the Country,the name of the District should be filled in. D_ If the claim is against more than one public entity,separate claims must be filed against each public entity. . E. See penalty for&audulent claims,Penal Code Sec.72 at the end ofthis form. RE: Claim By Reserved for Clerk's filing stamp CHRISTOPHER ISOLA IR E Against the County of Coma Costa or ) Fi� *District)(Fill in name) ) �60 9 The undersigned 4tin ant hereby makes claim against the County of Coma Costa or the above:-named district int the stern o+f 5 in exce sgodin support of this claim rapments a s follows: 1. When did the danuge or w4u ry occur?(CAA a eacaca elates and hour) June 24, 2003, between 9 a.m and 3 p.m. 2. Wber+e did the da up or injury occur?(Include city orad county) Centre. Costa County Courthouse, Martinez, Contra Costa County 3. How slid the damage or ion,jury occur?(dive full details;use v&a paper if required)' claimant was the victim of a robbery while at work. during the course of the robbery, the robber hit him in the head causing a laceration which required five stitches to close. Approximately three weeks crafter he was assaulted, he was asked by one can the officers investigating the crime to came to the Contra Costa County Courthouse to take a lie detector test. Claimant took the test and then was abus,v,&ly interrogated for many hours, during which time his interrogators falsely imprisoned him and inflicted severe emotional distress. •d Joe :a t so 61 0ett 4. What particular act or omission on the part of county or district ofliceexs,servants,;or employees c ausm the injury or damage? Prolonged, abusive interrogation which caused claimant to fear :for his safety. S. What ate the names ofcotm or district officers,servants,or employees causing the damage or injury? Ted Todd 6. What damage or injuries do you claim resulted?(Grave full extent of injuries or damages claimed.Attach two estimates ibr auto damage.) Claimant became suicidal; suffered acute symptoms tif' post-traumatic stress, severe emotional distress 7. How was the Amount claimed above computed?(Include the estimated amount of any prospective injury or damage.) S. Names and addresses of witnesses,docwm and hospitals. Julie L. Valdez, Moraga Police Department, 350 Rheem Blvd. , Moraga Kaiser Permanente MedXca3 Center, WAlnut Creek Michael Wachter, M.D. 1700 Pierce Street, Suite 1, Bah Francisco 9. List the expenditures you:Wade on account of this accident or injury. 2AIE- AU Michael Wachter, M.D. $350.00 Gov.Code Sec.910.2 provides:"The claim must be sip6d by the claimant or by some parson on his behalf." Name and Address of Attorney ) Robert F. Breecker4' 440 Urand Avenue, Suite 42-0 ) Oakland, CA 94610 } Attorney I" > Signature) - j } (Address) } {510) 763-4444 TelephoneNo. Telephone No. roma SKIT=72 erf the Penal Cade vvvides: �y �jEvay ptY.or}rr�a+wam wM,owdar,,,�rgn�ac�n,,�,t w dr r&4 peesg fan Aftw�um Of the paeyr �ycyt�t+�m�1r}am brd or ,o,�r`w any f SeftWak voucht er.or wrWA ,is peua rk efter by*dmwA is the e]otnaty jail fr a period dna=ft thea one year,by a fee of M 0=6"t Ow ftumd(SIAM or by berth swtlmprbownm and tlsre.or by tnpftv=mt in aha swe prisM by ar o0 of net Owesding tea thud dofiars(Sto,000).at by both se ich boprionawl aad fine. gd doe:aI co 6i oaa LAW cMC98 Ron=E.BR1i1'cKER j 444 GRAM AvW3>;,Suter 420 OAKLa4i+tll,CAi.[FOltMA 94610 TEL(510)9634444 FAX(610)s93-2M December 19,2003 Clerk of the Board of Supervisors County Administration Building 651 Pine Street,Room 106 Martinez,CA 94553 Via fax to(925)335-1913 Re: Claim of Christopher Isola Dear Sir or Madam: I am enclosing a claim against the County of Contra Costa. Please fax a file-stamped copy to me at (5 10)893-2355. 1 am mailing the original to your office today. 'Thank you for your cooperation. Very truly yours, ROBERT E. ECKER REB:sts enc. t 'd dsa :ar co 61 04a ...........................................................................I................................. ....... APPLICATION TO FILE LA IE_UAIM C4 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION JANUARY 20, 2004 Application to File Late Claim NOTICE TO APPLICANT Against the County,Routing The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors(Paragraph III,below), California Government Code.) 1 given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING"below. Claimant: FELICIA JOHNSON AND HER MINOR SON EDWARD MOORE -JOHNSON Attorney: JAMES C. PERLEY Address: LAW OFFICES OF JAMES C. PERLEY 39300 CIVIC CENTER DRIVE, SUITE 110 Amount: FREMONT, <CA 94538 By delivery to Clerk on: DECEMBER 19, 2003 MORE THAN $25,000-00 Date Received: DECEMBER 19, 2003 By mail,postmarked on: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED-: DEC. 19, 2004OHN SWEETEN,Clerk,By: DEPUTY II. FROM: County Counsel TO: Clerk f the�Uoard of Supervisors The Board should grant this Application to File Late Claim (Section 911.6),. The Board should deny this Application to File Late Claim (Section 911.6 DATED: y t B.MARCHESI,County Counsel, Ill. BOARD ORDER By unanimous voteof Supervisors present (Check one only) This Application Is granted(Section 911.6). (V This Application to File Late Claim is denied(Section 911.6). I certify that this a true and correct copy of the Board's Order entered in its minutes for this date. DATE. - 42!.&!:!101IN SWEETEN,Clerk,By: -_DEPUTY WARNING (Gov. Code§911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4(claims presentation requirement).See Government Code Section 946.6.Such petition must be filed with the court within six(6)months from the date your application for leave to present a late claim was denied. You may seek the advice of an attorney of your choice In connection with this matter. If you want to consult an attorney,you should do so Immediately. IV. FROM: Clerk of the Board TO: (1)County Counsel (2)County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document,and a memo thereof has been filed and endorsed on the Board's copy of this Claim In accordance with Section 29703. DATED: - 4Z obb-6 JOHN SWEETEN,Clerk,By: DEPUTY V. FOM: (1)County Counsel (2)County Administrator M 7Jerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel,By: County Administrator,By: APPLICATION TO FILE LATE CLAIM RECEIVED James C. Perley Affwney at Law DEC 1 9 2003 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. aw Offices of ernes C.Perley 39300 Civic Center Drive Suite 110 Fremont,California 94538 (510)494-9191 December 8,2003 County of Contra Costa Clerk,Board of Supervisors County Administration Building 651 Pine Street,Roam 106 Martinez,California 94553 Re: Application for Leave to Present a Late Claim;Government Code Section 911.4 Dear Clerk, I represent Felecia Johnson and her minor son,Edward Moore-Johnson. Edward was placed into the foster care of In 1996, Themba Masshama was granted legal guardianship of Edward Moore-Johnson. Edward and Themba lived in the County of Contra Costa. Felecia Johnson was allowed to visit Edward every other weekend,school holidays and during the summer. Themba°s wife passed away over three years ago. During that time, Edward and Themba lived alone. At Thanksgiving,2002,Themba dropped off Edward with Felecia and no longer wanted responsibility for Edward. Edward has since been living with Felecia. During the Thanksgiving Holiday(2002), Felecia caught Edward attempting to have sexual relations with his younger brother,Darrel. Edward told Felecia that Themba touched him while giving him baths. Shortly thereafter, Felecia met with an attorney,Jill McInerney,to take steps to gain:legal custody from Themba. Felecia also sought mental health services for Edward. During his counseling sessions in early 2043,Edward disclosed repeated forced oral sex and other sexual acts by Themba. These crimes were subsequently reported the Pittsburg Police Department(P.P.D.)and documented in P.P.D.report#CO3-3377. Themba has been charged and arrested for his crimes against Edward. Twice in 19993 Feria made a complaint to the Contra Costa County Emergency Child Protective Services(C.P.S.)hotline because of behavioral problems. Felecia suited that something was happening to Edward while he was in Themba's custody. When the C.P.S. workers interviewed Edward, Themba was not asked to leave the room—Themba was present during the interviews(on both occasions). Because Themba was in the room,Edward did not disclose his on-going sexual abuse. We request leave for to present a late claim for several reasons. 1) Edward was(is)a miner, 2) Felecia was in denial,suffering from the effects from having realized her son who was the victim of such a horrible crime,and 3) Felecia did not retain me until October 14,2403. Very truly yours, James C. Perley .......... ......................... I JAMES C. PERLEY, ESQ., SB4161963 39300 Civic Center Drive, Suite 110 2 Fremont, California 94538 Telephone: (5 10) 494-9191 Attorney for Claimants, 4 EDWARD JOHNSON, a minor, by and through his Guardian Ad Litem, FELICIA .JOHNSON 5 6 7 8 Claim of: 9 EDWARD JOHNSON, a minor., by and CLAIM FOR INJURY AND 10 through his Guardian Ad Litem., DAMAGE AGAINST THE FELICIA JOHNSON, j COUNTY OF CONTRA COSTA I I PURSUANT TO GOVERNMENT Claimants, § 911.2 12 As Against: 13 THE COUNTY OF CONTRA COSTA. 14 15 To: The clerk of the Board of Supervisors, County Administration Building, 16 located at 651 Pine Street, Room 106, Martinez, California 94553. 17 1. You are hereby notified that the claimants, Edward Johnson, a minor; by and 18 through his Guardian Ad Litem, Felicia Johnson, whose address is 755 Gates Street, San 19 Francisco, California 94110, claims damages from the County of Contra Costa, in an amount of 20 twenty (20) million dollars, placing jurisdiction in the Superior Court of the State of California. 21 2. This claim arises from the following circumstances: 22 In 1996, Themba Mashama was granted legal guardianship of Edward Moore-Johnson. 23 Felecia,Johnson was allowed to visit Edward every other weekend, school holidays and during 24 the summer. Themba and Edward lived in the County of Contra Costa. Themba's wife passed 25 away over three years ago. During that time. Edward and Themba lived alone. 26 At Thanksgiving, 2002, Themba dropped off Edward with Felecia and no longer wanted 27 responsibility for Edward. Edward has since been living with Felecia. 28 ....................................................................................... ....................... I During the Thanksgiving Holiday (2002), Felecia caught Edward attempting to have 2 sexual relations with his younger brother., Darrel. Edward told Felecia that Themba touched him 3 while giving him baths. Shortly thereafter, Felecia met with an attorney., Jill McInerney, to take 4 steps to gain legal custody from Themba. Felecia also sought mental health services for Edward. 5 During his counseling sessions, Edward disclosed repeated forced oral sex and other 6 sexual acts by Themba. These crimes were subsequently reported the Pittsburg Police 7 Department (P.P.D.) and documented in P.P.D. report 9 CO3-3377. Themba has been charged 8 and arrested for his crimes against Edward. 9 Twice in 1999, Felecia made a complaint to the Contra Costa County Emergency Child 10 Protective Services (C.P.S.) hotline because of behavioral problems. Felecia suspected that I I something was happening to Edward while he was in Themba's custody. When the 12 C.P.S. workers interviewed Edward, Themba was not asked to leave the room'-4-Themba was 13 present during the interviews (on both occasions), Because Themba was in the room, Edward 14 did not disclose his on-going sexual abuse. 15 3. Possible causes of action include but are not limited to: intentional and negligent 16 infliction of emotional distress, and negligence. This list is not intended to be all inclusive. 17 4. Damages include but are not limited to general and special damages, and severe 18 emotional distress. 19 5. The names of the public agents and employees that caused, and/or are responsible 20 for claimants injuries, damages and loss, are not known to claimants at this time. 21 6. Amount in question in this case is more than $ 25,000.00. 22 7. All notices and other communications with regard to this claim should be sent 23 to James C. Perley, Attorney at Law, (510)494-9191, 39300 Civic Center Drive, Fremont, 24 California 94538. 25 26 Dated: December 11, 2003) LAW OFFICES OF lam. PERLE 27 28 Y, tstj- 2 AMENDED --- CLAIM L30AM OF SPERV §0RS QF CONTRA COSTA COUNTY • Bt7ARD AQ[IQN: STAN. 20,, 200 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAMANT and Board Action, All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claire by the ,.......Board of Supervisors. (Paragraph IV below), givs Pursuant to Government Code Section 913 and 915.4. Please note all""Warnings". AMOUNT: EXCEEDS $50,000-00 CLAIMANT: KAREN WILLIAMS FUCHS ATTORNEY: JOHN A. MWEN, SII DATE RECEIVED: cif ZMEE.1.8. 2003 ADDRESS: LAW OFFICE OF JOHN A MEADEN, III BY DELIVERY TO CLERK.ON:NOVEMSER 18,__2003 1450 MARIA LANE, SUITE 400 WALNUT CREEK, CA 94596-5391. BY MAIL POSTMARKED: NOVEMBER 15, 2003 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE T � lark Dated: DECEMBER` 15 2003 By: Deputy 1I:. FROM: County Counsel TO: Clerk of the Board of Sup visors This claim complies substantially with Sections 910 and.9,110.2. { } This Claire FAILS to comply substantially with Sections 914 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim{Section 911.3 . Other: Dated By: Deputy County Couns, 111, FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) { } Claim was returned as untimely with notice to claimant(Section 911.3). IV.B� ORDER: By unanimous vote of the Supervisors present: {B 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. Date . - ZO. JOHN SWEETEN, CLERK,By , Deputy Clerk WARNING(Gov, code section 913) Subject to certain exceptions;you have only six(6)months from the date this 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 Postai Service in Martinez, California, postage fully prepaid a certified copy ofthis Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK By W Deputy Clerk { I John A. Mead n, III - SBN##62109 Np Law Office of JOHN A. MEADEN, III �'x 2 1450 Maria Lane, Suite 400 2011,E Walnut Creek, CA 94596-5391 jc;"c S 3 Telephone: (925 943-3131 '�Ccs Disc Facsimile: (925)) 943-3004 4RECEI 5 Attorney for Claimant: KAREN WILLIAMS FUCHS NOV 1 8 2003 6 CLERK BtJARD OF Sll�ERYlSORS CONTRA COSTA Co. 8 GOVERNMENTAL CLAIM 9 10 11 In the Matter of the Claim of 12 KAREN WILLIAMS FUCHS, CLAIM AGAINST CONTRA COSTA COUNTY 13 (CONTRA COSTA COUNTY against SHERIFF'S DEPARTMENT) and its 14 UNKNOWN EMPLOYEES CONTRA COSTA COUNTY 15 CERIFF'S ONTRA COSTA COUNTY DEPARTMENT) and its 16 UNKNOWN EMPLOYEES 17 18 19 TO: Clerk of the Board of Supervisors of Contra Costa County' Room 106, County Administration Building 20 651 Pine Street Martinez, CA 94553 21 22 The above-named Claimants hereby make the following claim against CONTRA COSTA COUNTY (CONTRA. COSTA COUNTY SHERIFF'S DEPARTMENT) and its 23 UNKNOWN EMPLOYEES: 24 1. NAMES AND ADDRESSES OF CLAIMANTS: 25 KAREN WILLIAMS FUCHS 214 Borel Lane 26 Danville, California 9452609 27 Telephone: (925)830-2946 ` !f! 28 In re Claim of Karen Williams Fuchs,v.Contra Costa County,et al. Governmental Claim -1- 1 2. ADDRESS TO WHICH NOTICES ARE TO BE SE— NT-2 John A. Meaden, III - sBrl#62109 Law Office of JOHN A. MEADEN, III 3 1450 Maria Lane, Suite 400 Walnut Creek, CA 94596-5391 4 Telephone: (925}943-3131 Facsimile: (925) 943-3004 5 6 3. DATE TIME AND PLACE OF OCCURRENCE: 7 May 15, 2003,at approximately 6:00 to 6:30 p.m. at the Danville Police Department �CONTRACOSTASH- AFF'S DEPARTMENT Substation)510LaGondaWay,Danville, lifornia, 94526 and the Martinez Detention Facility, Martinez, Contra Costa County, California. 9 4. CIRCUMSTANCES OF OCCURRENCE: 10 As far as is known at the present time,the general facts underlying the incident giving 11 rise to and supporting the claims of the above claimant are as follows: On May 15, 2003, at 12 the above time and place, and in the personal presence of two or more Danville police 13 officers (who are believed to be employees of the CONTRA COSTA SHERIFF'S 14 DEPARTMENT, and whose identity is not known to claimant at this time), claimant, 15 KAREN WILLIAMS FUCHS,was unlawfully and illegally arrested,handcuffed,and taken 16 into custody by an unidentified male individual representing himself as an agent of Daren 17 Long Bail Bonds and/or Ranger Insurance Company. Said arrest and imprisonment were 18 allegedly for a violation by claimant of the conditions of a bail bond previously issued in 19 December, 2002, through Karen Long Bail Bonds by the Ranger Insurance Company. 20 However, at the time of said incident,no such bail bond existed, said original bond having 21 expired and "exonerated" by operation of law on March 03, 2003. At the time of the 22 expiration of said bond on March 03, 2003,Claimant was in full compliance with all terms 23 and conditions of said bond. There was no warrant for her arrest in existence. 24 After her arrest, and being deprived of her lawful freedom, on May 15, 2003, 25 Claimant was then transported to the Contra Costa County Jail,Martinez Detention Facility, 26 where she was turned over to the custody of the CONTRA COSTA COUNTY SHERIFFS 27 28 In re Claim of Karen Williams Fuchs,v. Contra Costa County,et al. Governmental Claim -2- I DEPARTMENT and its UNKNOWN EMPLOYEES, and falsely imprisoned. In order to 2 regain her lawful freedom, Claimant was required to pay $5,000.00 of her money to "bail 3 out"and promise to appear in court in Walnut Creek,when, in fact,no such charges existed 4 and there was no lawful'authority for said unknown male representative,for Karen Long Bail 5 Bonds,for Ranger Insurance Company,for Danville Police Department,or for the CONTRA 6 COSTA COUNTY SHERIFF'S DEPARTMENT,to arrest,handcuff,to imprison,or to force 7 her to pay money to secure her release from incarceration. 8 The liability ofthe TOWN OF DANVILLE(DANVILLE POLICE DEPARTMENT) 9 and its UNKNOWN EMPLOYEES, and further of the COUNTY OF CONTRA COSTA, 10 (THE CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT) and its UNKNOWN 11 EMPLOYEES, as far as is known at the present time is predicated upon,but not limited to, 12 the common law, Civil' Code Section 1714, the California Government Tort Claims Act 13 [including, but not limited to Government Code Sections 820(x) and 815.2(a)) and general 14 principles of vicarious liability, respondeat superior, and general principles of negligence 15 and civil liability for damages. The officers of the Danville Police Department and The 16 Contra Costa Sheriff s Department,negligently aided and abetted the illegal arrest and false 17 imprisonment of Claimant and failed to check or verify available information that would 18 have told them that said arrest was improper. 19 5. GENERAL DESCRIPTION OF INJURY DAMAGE OR LOSS INCURRED. 20 Claimant was illegally arrested, handcuffed, and falsely imprisoned She was 21 unlawfully deprived of her lawful freedom as a citizen,and she was required to pay the sum 22 of$5,000.00 to secure her freedom by obtaining a new,and unnecessary,bail bond.Claimant 23 suffered extreme emotional distress,humiliation, and embarrassment and was temporarily 24 deprived of the custody of her two children as a result of this incident. 25 6. NAMES OF ANY PUBLIC EMPLOYEE(S) KNOWN TO CAUSE THIS 26 INJURY. DAMAGE OR LOSS: 27 The exact names of the employees of the TOWN OF DANVILLE (DANVILLE 28 In re Claim of Karen Williams Fuchs,v.Contra Costa County,et aI. Governmental Claim -3- I POLICE DEPARTMENT),CONTRA COSTA COUNTY(CONTRA COSTA SHERIFFS 2 DEPARTMENT) who participated in this incident are unknown at this time. 3 7. DAMAGES CLAIMED/AMOt,1NNT OF CLAIM: 4 Unknown at this time. General Damages for pain and suffering, extreme emotional 5 distress,embarrassment,humiliation,and loss ofclaimants freedom.She was falsely arrested 6 and imprisoned.Loss of$5,000.00 for an unnecessary bail bond. Claimant contends that the 7 value of the claim exceeds $50,000.00 and that the appropriate court jurisdiction is the 8 Superior Court, unlimited jurisdiction. 9 10 DATED: November 15, 2003 I I 12 ?MHN Ay MEADEN, III 13 for Claimant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re Claim of Karen Williams Fuchs,v.Centra Costa County,et al. Governmental Claim -4- 'NO'J—I6-2003 07 :29 AM REMEMBEp—ME..PHOTOGRAPHY.._ 8302946 P. 02 925 646 6012 P-02/03 %TAL AA,, RMA - VV 32`•:''i+J.'"" J� J� hy ` Karin ,on Bs ! Bonds A CC1MtA 7dY W18 4� 10777 Wasthelimer Road 77042 P.O. Box 2M P.O. Box 2807 cr. {r i Martinez,, CA 94553 HCUSi 252, (713}054-8 00 ?' ►t�sis+y dd r� fK 9`2`5_'2+' 0-=6 ' (713)854.8389 FAX r�tr '{ c a u.a x BAIL BONG �- (POWER OF AT�T,ggR,�NEY W }8 NU-FS—EA MUST$ ATTACHED.) IN THE ' COURT OF:THE �'1' s�1� �.,�, JUDICIAL DISTRICT COUNTY OF STATE OF CALIFORNIA. THE PEOPLE OF THE STA'L'E OF CALIFORNIA, CASE NO, Pialntlff, v5. AIV.No, Defendant Defendant N.Az!Or 01PSNOAMT} MOOKM NO,} having been Admitted to ball In the sum of -Do€}ars($ 1.%7 C >and ordered to it ar in the above-onfided court,on ZZ Q 1223,an _ 4G�7s� r _,� charpels, MOWH CAV(5:)j 1 j$1rAA ($YR7t M15O�M'(tNOrf`OR#Ey,Lt�7NY} Now, the RANGER INSURANCEC�OM7PANY,{�rDe#aware Co(poration, haret;y undertakes that the above-named defendant wilt appear Ln th8 above named eoun on the t7ate above set torch to answer any t:fsa (e in any aoeusatory plea�ellttCl b>ised n fha acts sftppottinp the orsrnp}alnt fired e}8€tat hlmTher attd as duty nuthorixed amendments fhereof, In whatever tXa} may be f d pt*"cuted,anti tvflf at s11 rimae hott� hIr}11h}ert;2Ef smenable ux the orders end prr�oess at the cour#.and if tc►nuict+sd,will s r for pprcrtouncement of gement tar rbrht of probatlan or if haJahe falls to perform either of the ee cornlltlon ANQER -- {NSU i ttVClw GC1Ml Ak I�Ft a Del aware Cargorat€on, w1�€pay to fhe peep€e of the Stats of California,the us.Ttof ? rlol€ars suutiect to ext cels local provisions. 9 tie forfeiture Of this bond be ordered by the Covd, judgement may be summarily made and entered forthwith itualnst ft estfd RANGER INSURANCE COMPANY, a Delaware Corporation,for the amount of Its undertaking herein as provided by Sections 1305 and 130 of the Penst Cade. THIS BOND IS VOID IF WRITTEN FOR AN AMOUNT RANGER INSURANCE COMPANY GREATER THAN THE POWER OF ATTORNEY ATTACMED (A Delaware Corporation} HERETO, IF MOAB THAN ONE SUCH POWER I ATTACHED OR IF WRITTEN AFTER THE EXPIRATION DATE SPECIFIED ON THE ATTACHED POWER OF By �4 � rxian�rts.},ftMstawaki (SEAL) I certify under penalty of perjury that I ama llc4aligd bail r s of the RANGSA INSURANCE COMPANY and that I am axecuting ft bond on WCATI{3N) } PrONATURE CIF LICENSED AOVM THE PREMIUM CHARGED FOR Approved this, 4, day of +-+ THIS BOND PER ANNUM i$;SS_Z�_ I mum" t wo NOTe: Ttris fa an A�ppsersnvs Svnd ant!cannel Dd can lruej es s gusrantoe for rsituro to provfdo>�yrr,srrls,back arlmenY. S-0Dt 0 FiirV,(7101) payments,PIN#$,or Ws ys LAw 00ims, nnr can It be r<:R aomt an Appral. f • I A . •� RC1_• . , �► » � +_� ,� tlf� �' t! �►� 1��� WAP Mbw .> fi To' , i fo to ON lowra .;9irw OO ` �s10 ��4. •��, I��� fr ,#* villi• ,tis NQ'J— 16-2003 07 :31 AM REMEMBER—ME—PHOTOGRAPHY— 8302946 P.05 DATE: l '' ✓ �..2 PRF CONTANY: KAREN'S BAIL BONDSrKAR-EN AMOUNT OF BOND: N(.7r BAS, BONDS BOND NUMBER:AW-11,T i c ..wr• I understand in signing this bond for obtaining the release of. I ant responsible for him/her appearing in Court EACH time he/she is so ordered. Also I.understand I am responsible forpayment of ANY Court costs for nonappearance if be/she fails to follow any and all instructions or orders of the Court or forfeits this band, and it becomes necessary to apprehend and surrender him/her to Court. I understand I ani responsible for any and all expenses incurred as a result of such forfeiture and'fin-ther, if such a forfeiture occurs and defendant is NOT surrendered to the Court within time prescribed by law- I understand. I am required to pay the FULL AMOUNT T of �. the bond pasted, including unpaid bail premium. COLLATERAL cannot be retuned until such we as Cot ipiny receives written notice from the Clerk of the Court. I am also responsible for 10% of the basil amount. If collections become necessary; 25% or more of amount owed will be added for , collection purposes. I wn not a paid signer. I have no connection with a Bail Bond Constant. I have read the above contract and understand it, and agree to fulfill ALL the provisions therein. SIGNED; :.. . Agent: . cE. NOV-16-2003 07 :30 AM REMEMBER-ME-PHOTOGRAPHY- 8302946 P, 03 925 646 6012 P,0.3+ 03 SUPERIOR COURT OF CALIFORNIA;COUNTY OF CONTRA COSTA' l,. WALNUT CREEK BAIL BOND INFORMATION BOND NO: R50-11815812 DATE: 12/16/2002 AMT: $50000.00 APPEAR DATE:02/1112003 SURETY: RANGER INSURANCE COMPANY AGENT, KAREN LONG BAIL BONDS FORFEIT: NOTICE:. _-- REINST: ASSESS$: DATE DUE: FORFEIT: NOTICE: REINST: ASSESS $: MATE DUE: FORFEIT: NOTICE: REINST: ASSESS $; -- -DATE DUE.,,,�,,,,_,,,, JUDGMENT ENTERED: JUDO/MENT PAID NTA: EXON: (s /t�'' TRANS: WARRANT SECTION TYPE ISSUE DATE BAIL AMT ISSUED TO RECALLED RETURN/FILED CASE NO: DEF NO: DEFENDANT: FUCHS KAREN TOTAL, P.03 _. ......... ......... ......._. ........ .................._...... .......... ......... ......... ......... ........ _... _.. . ......... .............. ......... ......... ......... ............................................................ PROOF OF SERVICE (CCP §§ 1013(a) and 2105.5) STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA) SS. I declare that I am a citizen of the United States,over the age of 18 years,and not a party to this cause. I am employed in the County of Contra Costa, State of California, and my business address is 1450 Maria Lane,Suite 400,Walnut Creek,CA 94596-5391,telephone number(925)943-3131, facsimile telephone number(925)943-3004. 1 served [X] the original [] true copies of the foregoing document(s), described as: GOVERNMENTAL CLAIM: CLAIM AGAINST CONTRA COSTA COUNTY (CONTRA COSTA SHERIFF'S DEPARTMENT) and its UNKNOWN EMPLOYEES (with attachments). [X] by placing said documents in a sealed envelope, addressed as shown below, and [X ] (BY MAIL) and by [X] depositing the sealed envelope with the United States Postal Service with correct regular postage and additionally identified with a Certified Mail, Return Receipt Requested Certificate, also fully prepaid, and by IX) placing the sealed envelope for collection and mailing on the date and at the place shown below following our ordinary business practices. I am readily familiar with this business`practice for collecting and processing correspondence for mailing. On the same clay that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. Date of Deposit: November 15, 2003 Place of Deposit: Walnut Creek, California [X] (State) I declare under penalty of perjury under the laws of the State',of California that the foregoing is true and correct. [](Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on Saturday,November 15,2003, at Walnut Creek, California. J A. Meaden, III (Signature of Declarant) NAME AND ADDRESS OF EACH PERSON SERVED Clerk of the Board of Supervisors of Contra Costa County Room 106,County Administration Building 651 Pine Street Martinez, CA 94553 IM LAW OFFICE OF JOIN A.MEADEN,III CREMME OAKS 1450 MARIA LAN-F- SUITE 400 JOHN A.MEADEN,III WALNUT CREEK., CALIFORNIA 94596-5391 -------------- FAX:(925)943-3004 RENtE M.SAEGER jamiiiesq@msu.com CERTI D PARALEGAL "I ELEPHoNE: (925)943-3131 ext 20 November 15, 2003 Clerk of the Board of Supervisors VIA CERTIEIAD-MAIL County of Contra Costa RETURIV RECEIPT REQ>fTEYTED Room 106, County Administration Building 651 Pine Street Martinez, CA 94553 RE: Claim o£ Karen Williams Fuchs Date of Incident: May 15, 2003 Dear Clerk of the Board of Supervisors of Contra Costa County, Enclosed please find a GOVERNMENTAL CLAIM against the County of Contra Costa.(Contra.Costa Sheriff's Department)and It's Unknown Employees,with attachments and Proof of Service by Mail. If you have questions or concerns regarding this claim, please do not hesitate to contact the undersigned. Thank you. Very truly yours, JOHN A. MEADEN, III JAM/jam Enclosure cc: client(s) ...... ......... ......... ......... ......... ......... ......... ......... ._...._.. .._.... . ...... ........ ................._........._ .....-__. ........._.. ._.......... ............ _..._.... ......... ......... ......... ......... qD ,,Y IXf is c, th 3 `J '4-4 C �r C.. Y• Y� CC ON Ln Co ,�rr..n.Nwirie � k '=mm , .�., ww .. ru C3 �—�.�..-----r C3 C3 c7 0, m w � co � o icn m it M - Q W K X W z U0 ti �