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MINUTES - 01112005 - C.9
CLAIM BOARD OF SUPERVISORS OF CQNTRA COSTA COUNTY BOARD ACTION: JANMARy 11, 2005 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 claire by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and _. . 915.4. Please note all"Warnings". AMOUNT: UNKNOWN CLAIMANT: SHAUNA BLISS for PROGRESSIVE INSURANCE ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 06, 2004 ADDRESS: 2300 CLAYTON ROAD BY DELIVERY TO CLERK.ON: DECEMBER 06, 2004 CONCORD, CA 94520 RECEIVED FROM RISK BY MAIL POSTMARKED: MANAGEMENT P.BAILES FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET lerk Dated: DECEMBER 06, 2004 By: Deputy II. MOM: County Counsel, TO: Clerk of the Board of Su ervisors (.. °'`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: r By: 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. OARD ORDER: By unanimous vote of the Supervisors present: (t 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:,A4V1^-4t,;e5e 1110T JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code se ion 913 Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or depositei 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. 01 Dated:-,A" oc'ety VV'JOHN SWEETEN, CLERK.By Deputy Clerk 12/03/200 09:09 FAX W, VV� 925 335 1421 Dr-C-02--2004 15!14 CCC RISK MANAGMEN7 P.02 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRU TIC?NS TO CI1A1J1�IAJ 1T relating,to a cause of action for death or for injury to person or to personal property or of growing craps shall be, presented riot latex thin six months after the not lot than neccrual of thesyear action. A claim relating to any other cause of action shall be presented after the accrual of the rause of action. (Gov. Cade § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Boom 106, County Administration Building, 651 Fuze 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. B. Finaud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. ANN so memo rr■iif f rr■s■ail rf■•rr No AN ANN*mud rr■���1 RE: Claim By: Reserved for Clerk's filing stamp MUM Against the County of Contra Costa or ) DEC 0 £ 2004 _FRK BOAH OF SUPERVISORc District) nl,,rnx rne�a r`n (lviR in the name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sunt of S and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) c � cry T. 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details;use extra paper if required) �i. XA 1-e� VY*A V" a- �4-C 014~cx. V vt tom' CK P.4-, V"t,0, 4. 'What particular act or omission on the pail of county or district officers, servants, or employees caused the injury or damage? tAA OL TWY el" 5 What are the names of county or district officers,servants, or employees causing the damage or injury? Ch — �f � 30 _. ._.. ._ 12/03/2004 09:09 FAX tt91UU4/UU4 DEC-02--2004 15:14 CCC RIGX MANAGMENT 925 335 1121 F.03 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimedAttach two estimates for auto damage.) 4+d Y"1 � ' rxxd (' LV'rt4/i vewcvb WZLS pow I V�" VW4ik/A,. 1�7 -� Df iKJ Y04; 7. How was the amount claimed above computed? (Include the estimated amount of any"141� prospective injury or damage-) g. Names and addresses of witnesses,doctors,and hospitals: 9. List the expenditures you made on account of this accident or injury: D ME AMOUNT ■■rssass■Now saraarr•rrrraaraasrrsaassasrasrrserearssrarearaaaassraasrrsassasasaaasss► ) Gov.Code Sec. 910.2 provides"The claim shall be )signed by the claimant or by some person on his 111it11 MM hIOTiCES TO, (Attarney) I Name and address of AttomeyAtt&��_ 1_. } (Claimant's Signature) (Address) } Telephone No. }'Telephone No. °I� r -� aeaserasaesrsraasasaasaNews aaaaaaaasseeaaasearaaaaaasr■resrsrrssaasrsse■msome asaaRawl PlB1JC RECORDS NOTICE: Please be advised that this claim form.,or any claim filed with the County under the Tort Claims Act,is subject to public disclosure under the California Public fords Act. (Gov. Code;, §§ 6500 et seq.) Furthermore, any attachments,addendurns, or supplements attached to the claim form, including medical records,are also subject to public disclosure. srsrrrerrsareae■■a assume a assesarrrsrrssaasssreeaaaaa■ssarrsNoun rsaaassarerasasea aswas NOTICE: Section 72 of(he Pend Code provides: Every person who,with intent to defraud, presents for allowance or for payment to any state board or offloer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fYaudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a Period of not more than rine year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the stare prison, by a fine of not exceeding ten thousand dolls ($10,000),or by both such imprisonment and fine. TOTAL P.03 12/02/2001 09:09 FAX FAX T 'ANS ITTAL Time TO) Fax# vc - - Address/BoO Phone/Network# ra fti ` Fad -G+ - I.v' • 2 �P .�___._ l/ Phone/ldstwork# 01;L AddrasslEox# #of Penes Tmnsmttted -' i VU- PS Think Eimer.Think Progressive. OPM A& Gait us anySme 24 hours a day 7 days a week at 1,803-PROGRESSM or visit us online at pragrasstveoonrn. ITEC-06-2004 15:59 CCC RISK MANAGMENT 1325 :335, 14221 P.Gr' at DEC-01#2004 11x34 C MARTYNE 4N1. 1 ....------- A�� T err l �` atr�+` 4 FUIF.CZ/�A lblet mo DnY L �.,�.y 0 i ; ! 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'STATE GVw ►n"Cl :QTY 6•C1J4P: v#ft YE!# Y1.t�JM9CQ4, L9M 1. ` yam' U>` MUNE ,i Px,tyY rp,Na7 A/EiOLE f.fi."T3.. . ... . ..v AS QRAfER 3 "-- e.». ®�..-a. ._•'_.'�f li Iyavt' •t1ArER'Ct+1L� ! 1 $rI.�4E fI L....1 frCr�R- er t.actaEa� .. ms►anrtc.s yr (` tC As 014NER i .1aak l,� - — :Z�xkKfll otTrrrn7'l1t14 LIFFICEJk oFt"90 87►1Ca I,I��% bd'a'rOSiTICM L1F UEF$CLE t5ld 0110EAS Cf' �«•••-- . arv) aex Act j} } � YitGIFMeC31IlNICILI.CFSEL"S i3» NRT . PO� )Trrr � �VMmist'. re. Dw.4m erENkiiIDWICATION NUf11tt.R _ `.. aN 9.r mac^ �IEiGR1l8�+EWICLB D +��E�1 Ufld1� µ gPppNE VEkifJt'ME . �- t UNYC �NV N� it fa!iNdA .._f '- ;{;ryHSne+CE taNiitFJ� �� uFril3CY Nt3iJdh4 �`—�1 F1CDtRC)LL• I > a aF tSaAVEi i'Jk dTR£ET as l•YCMAtir •• �—� �,•..•-•.•- -.- tit:►IfNi-`... iiG/iO(. - _�,,,,,-.• a►ttWwnaKSwri= Wirt= WJk L.. TOTAL P.32 CLAIM BOARD OF SUPERVISORS OF CON'T'RA COSTA COUNTY BOARD ACTION:JANUARY,11, 2005 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $$10,800.00 CLAIMANT: RICHARD SCOTT WIRIOHT ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 06, 2004 ADDRESS: 868 HOLLY HILL DRIVE BY DELIVERY TO CLERK.ON:DECEMBER 06, 2004 WALNUT CREEK, CA 94596 BY MAIL POSTMARKED: DECEMBER 04, 2004 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE e k Dated: DECEMBER 07, 2004 By: Deputy II. FkOM: County Counsel. TO: Clark of the Board of Supe isors { ) This claim complies substantially with Sections 910 and 910.2. ('e,,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: { -,i V By; �- r' * - ;, 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 BOARD ORDER: By unanimous vote of the Supervisors present: , (5;`) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated ! JOHN SWEETEN, CLERK., By , Deputy Clerk 1/1 WARNING(Gov. code secti4h 913) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposite in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States,over age 18; and that today I deposited in the United States Postai 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:� : /-Z, -001M5- JOIN SWEETEN, CLERK By Deputy Clerk OFFICE OF THE COUNTY COUNSEL ��� � SILVANO B.MARCHESI COUNTY OF CONTRA COSTACOUNTY COUNSEL q Y y 7 Administration Building 651 Pine Street, 91" Floor he� < ,r ` SHARON L. ANDERSON Martinez, California 94553-1229 ;,y"�: fx CHEEFAsstsraNr £ GREGORY C. HARVEY (925) 335-1800 3< � �; ,jytgz� zf VALEREE J. RANCHE (925) 646-1078 (fax) AsstsraNrs NOTICE OF EFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Richard Scott Wright 868 Holly Hill Drive Walnut Creek, CA 94596 RE: CLAIM OF: Richard Scott Wright 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. [ ] 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. [X] 8. Other: Your date of damage, "Winter 2003", is insufficient to establish the timeliness of your claim. Please provide a more specific date. SILVANO B. MARCHESI COUNTY COUNSEL By. Mo kni a L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) 1 am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel,651 Pine Street, 9th Floor, Martinez,CA 94553-1229. On December 10,2004, I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on December-10,2004, at Martinez,California. Kathleen O'Connell cc: Clerk of the Board of Supervisors (original) Risk Management Page 2 BOARDOF s���.'yy���``ly����p¢t�(yy'���ISal� ty,�}[/lS�+1Rp.�S t��"�y(lCry■+,(�{/_N�{p'�'"�Rg¢.'�7�,�♦♦�:j�(�J[�STA COUNTY A. A claim relating to a cause of action for death or for injury to person or to personal props rty or growing crops shall be presented not later than six months ager the accrual of the cause cif action, A claim: relating to any other cause of action shall be presented net later than one year after the accrual of the cause of action. (Gov. Code § 911.2) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 1€ 6, County Administration Building, 651 fine Street,Martinez, CA.94553. C. if claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in.. D. if the claim is agair-ist more than one public entity; separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent clams, Penal Cade Sec. 72 at the end of this form. rrx�rrrrrarsarratrr+xarrrrrrmrreuarssrarnrrrra�rrsrrsrrraraaarsassab�errsfeKrsrxrsrrrsrs�ex RE— Claim By- Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa.Or _ D E C 0 6 2004 District) CLERK BOARD Of SU,?:ERV!SoRs name)in the nae) - CONTRA COSTA CO. The undersigned claimant hereby snakes claim against th; C�ianLy of Contra Costa or the above-nwned district in thee,sum,of$ /0-�f3co -and in support of this claim represents as follows; 1. `ben did the damage or in}ury oce-ur`? (Give exact date and hour`) WIntt"az zoo.-,% 2, 'tonere did the damage or injury occur` [include city and county) 466$ Hvu. y *ire 012%vim. , WALNuT c(ZEZf< , Cv&W` 4 CC Coil jT , esiroaN1A 3. Flow did the d&-nage or injury occur" {Give hill deta/ils',/use extra passer if required) VVIR. 50Zo.rAe E �lLtS1 2r?�ttq � S-)7 14OLty W-JL4. bfQVF— FviLr` ACA.oSs (4tt- WZ41WACN- v4 rtt4oTr +q 1�egmiT �Vr- eXth err 3� 4. NA/hat particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? rvtAnt�t M"Ap��a0es o CO&4TA4 wi 5 A t+ . 3u disoi2 DpNW4 che"" S or-r 1*�Jr of ✓I0LIIrI0,4 ot= oi+-Isluxr *I-rsa. CoQtat-Y c)90 tAnt CaE c.o...P- ;;.rr Rih tyo"i` rSw rvac-e "stir ca DCG off{ (46 64v-jjq c„ A Pun-mtr -M Pt�oo +may pr4oA f*ov" DA���. �.siZIE CKIJI&T zq ZJ Zed 5 ghat are the names of county or disrrict�ce , servants, or employees causing the damage or injury? -The rt�Pt oy aF-s :' 4Ali w�rH W X40 14AC) `nJV A,41FurV t-cs 'svu l lave. W eze.. srAN tAATsomom A44o m lrc4 AvAi-or.j or- C.0ai- yz4 C,95` 4 C00"ry puBuC WORK% A*ib 0-my C6ive21aN in 5vPeAVtsalz. 6egd"- 's IOfoo "zo 7&4 114"A-Nb, a�t+,r v.k4cb t dlw 6. ghat damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damsge.) � ILt 4L PreiNGtr cAE U 4 DAM l�e"J TtW ll�N464 W ktco C4VQEA 'Sig -M 03Acj: VP B1�tiilhld tT, n-W v�INTFPL 12VtV Orir :SAb CJr ANA SPIA-LVO rsNW �y PtqoP Y Int 414At� t�C O ? ES' SW,St�...+� � gVNOpp vSrp }NCffle# Va ago$jop vvi ►%y 4-4t4b. 1 ttRu'i y ST4 f'ft"t 1Y �31Rv Y �nf + WAS sv 5t AW4Y, (SC �, ros Arra A� r 7. VOWVWbaks6'�tM amount claimed above computed? (Include the estimated amount of any prospec ve injury or damage.)l goo .M iA r'xnum C; V QQ- -Gr' - rpt vy'�Je� �Vmpa*w..-16 4v Si4, to,0000-O Nein 421,4 r- 8. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT ■■rrrrrraasassaa■.ruasssrsrsa■rararrsaraaaas.rsrsaarsasa:aasssaaaarsaaraarsarsaara:as } Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) Name and address of Attorney (Claimant's Signature) (Address) } Telephone No. )Telephone No. { TZS-iz,'�-`634 seven was Wasomm"Masan man ass Mann sommossumms moosommonam Woomwo ones anamamal PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments,addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. me Nunn assumans Move so no was man summons mommusamoss an a so an a assommons NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. _. _. Maurice M.swu a pubic Works Department Punic waft Vimcw 1�ainMn-We IVV 510" Ntri�R-Wurnee [3sta W5 WaterbW Way Deputy-Operations Martinez,CA 94553-1457 Mitch Avalon County Telephone: (925)313-7000 Deputy-Engineering FAX: (925)313-701.4 Julia R.8ueren April 18, 2002 Deputy-Transportation Jacqueline S.Jaques Chief of Administration Suzanne Armstrong Our File: 3000-06 874 Holly Hill Drive APN 182-140-026 Walnut geek, CA 945861 Dear Ms. Armstrong. It has been brought to our attention that a passible violation of the drainage ordinance exists on your Property located at 874 Holly Hill Drive. The violation involves the . construction of a fence in an established drainage easement This has the potential of disturbing vegetation in which moasement area and of lead to erosion and i siltation. the free flow of water in the drainage way, y Division 1010 of the County ordinance code prohibits any person from committing any act within an easement dedicated for drainage purposes unlbss.a written permit has first been obtained. You may be held responsible for.any da ieig re 0�the County condition. from this You. could also be found in violation of Divi sion condition. Code. pl 'abate this condition as soon as pos-609 or contact us by April Ordn30, 2002,to discuss thi 4 Itughbil. For drainage permit information, please contact Bob.Hendry, Permit Technician, at 313- 1360, 55'1 Pine Street North Wing 2 door,-Martinez', California 04553. if you have any questions, please call me at(925) 313-7006. 'fiery truly yours, Stan Matsumoto Senior Civil Engineer Maintenance Division MW G:Y+ ttlm S.Wright,Flood CaMol s.max.pauft T. lam-` "` RE EiV APP 2 2 FlWd COrtirol A n# `Yitbier xaervA' f.}' rict ice N-1.Shiu Contra Public Warks Department Public�Worcs Director Costa R.Mitch Avalm 255 Glacier Drive DePL,aty f)-1-rVCtN- Countv Martinez,CA 94553-4825 Telephone: (925)313-2000 Deplia R.i'Direc� FAX_ (925)313-2333 hep�3ty T�irstctc r Patricia`;2,McNamee Dgwty Director May 8, 2002 Suzanne Armstrong 874 Holly Mill Drive Walnut Creek CA 94898 File: 20-32-520, New Development and Construction Permit Enforcement Dear Suzanne: The purpose of this letter is to summarize the issues regarding your recent fence installation, and the potential impacts on the natural creek area. In addition to the County Ordinance Code requirements, thea; are two regulatory agencies that may have jurisdiction in this case. I have not been able to reach an agreement with the San Francisco Regional Water Quality Control Board (SFRWQCB) in regard to your fence installation. You need to contact them directly regarding their requirements. This may, require you to obtain a permit from the SFRWQCB. I contacted Nicole Kozicki of the California Department of Fish and Cans¢ (DFG) and find disagreement with your statements regarding the wildlife corridor through your property. You indicated coyote, bobcats, mountain lions and deer are anticipated on your property. DFG feels that this is a wildlife corridor, and feels a 10-foot wide by 4- foot high opening in the fence is needed. I conveyed their concerns to the SFRWQCB. The SFRV1JQCB and DFG indicated a flap in the fence would not be acceptable for maintaining an adequate wildlife corridor. Aithough I contacted you well before the fence was installed and informed you of the meed for permits, and outlined the applicable [Ordinance Code requirements, you decided to install the fence anyway. The fence, as presently installed within the creek area, constitutes a violation of the County's Ordinance Code. The County considers this area a creek because it has a defined bed and bank along most of its length, showing the historical flow of water through this portion of the property. It is a seasonal creek, but still subject to the provisions of Title 10 of our Ordinance Code, requiring drainage permits and compliance with Stormwater Management and Discharge Control provisions, The following are requirements that need to be fulfilled to fence your property as proposed: 1. Remove the portion of the fence crossing the creek at the southerly end of your property near Holly Hill Drive and relocate the fence at least 10-feet from the creek, and outside of the Holly Hill Drive right-of-way. 2. Obtain any necessary SFRWQCB permits for existing and proposed, fencing in the vicinity of the creek. 15)(*116IT-ZA Suzanne Armstrong May 8, 2002 Page Two 3. 1f tree SFRWQC13 allows one or bath fences to be constructed across the creek, then the fences shall have at least a 10-foot wide opening that is at least 4-feet high from ground (creek) area, as required by ©FC. The opening shall not be covered in order to allow for unrestricted wildlife passage. 4. Obtain a drainage permit from the Application and Permit Center at 651 Pine Street, Martinez CA 94553 for any work within 10-feet of the creek (including existing fence). The permit shall only be granted if the fence location along the creek is shown to be at least 10-feet from the creek ,a reduction to 6-fest may be allowed subject to hydrological and hydraulic information showing the maximum depth and width of the creek for a 10-year duration storm). 5. The applicant shall obtain an encroachment permit from the County for construction of any fence within the public road right of way of Holly Hill drive. The right of way is presently 50-feet wide in this area. A survey may be needed to establish this right of way line. The County and the SFRWQC13 may take necessary corrective action to address the drainage violations if the above requirements are not fulfilled in a reasonable amount of time. If you have any questions, please contact me at (925) 313-2259. Very truly yours, Stever; J. Wright Associate Civil Engineer County Clean Water Program SJW;sw.gd G:1GrpData\FtdCU1,sw ight1874 HOLLY HILA.DRIVEt874 Holly Hill Dr 5-01-02 letter.doc cc: Supervisor Gerber,District 3,308 Diablo Blvd.,Danville,CA 94526 D.Eckerson,Flood Control s.Matsumoto,Maintenance P.De§ens,Flood Control Cia Robles and Scott Wright,868 Holly Hill Drive,walnut creek CA 94598 Kathy Chiverton,309 Diablo Road,Danviiie GA 94526 Tina Love,San Francisco Regional Water Quality control Board, 1515 Clay Street,Suite 1404,Oakland CA 94512 Christine Boschen,SFRWQCB, 1515 Clay Street,Sts. 1400,Oakland,CA 94512 Nicole Kozickl,California Department of Fish and carne,P.O.Box 284,Moraga CA 94556 mwa r v }:• Y } Yc q A Y wy{vq f .{ r r { } nom, r`•�� �� �� •�i{q� '' q r { t ��}' a ,•.. f, ti �{ { } fc� ts�rr Ceti�yF��y y,�, '� ::. { .:.Sf .+tit';:• :, +f. � f f r r Y L C• d I � : ra {. a t4{ .•v } . h .•1' '}2 tt ''s Ft. xw /r• 9 { �q ,c , • �.Y,.s �,}�'@�.y�$G fjC n {:R}f' s yY` �'i �'��}'err'" F ,: •��i q ,ifk� },.a•d�r y}r� ,, i :` .. ....r -WWI.. : ..,ht..>... :.be.:.,� ..,..:...':}.iL}.%dy�a��.C4 .�::-�-•f r�'�::G•�{, ... ....... Mrte: Ail rX .... .......... CLAIM BOARD OF SUPERVISORS OF,CONTRA COSTA COUNTY L+ BOARD ACTION:JANUARY il, 2005 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: $500,000.00 CLAIMANT: BLANCA TRUJILLC7 ATTORNEY: PAUL D. HILES DATE RECEIVED: DECEMBER 07, 2004 ADDRESS: 706 MAIN STREET, STE. A BY DELIVERY TO CLERK ON: DECKER 07, 2004 MARTINEZ, CA 94553 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE T lerk Dated: DECEMBER 07, 2004 By: Deputy II. MOM: County Counsel. TO: Clerk of the Board of Su rvisors (k,),-This claim complies substantially with Sections 910 and 910.2. 5 { ) 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: h Dated: t '' �>, By. r? ., ''2 Deputy County Counse -,� 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.,,ROARD 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. DateJOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code sectio 13) Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or depositei 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 BOARD OF SUPERVISORS OF CONTR t COSTA COUNTY INSTRUCTIONS TO CLAIMANT A A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 .Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Seca 72 at the end of this form. assassaaasssasaaaasaaaaaaas*•aaasssssaaassaap2aaaasaamam*ama*Sam sassaasaaass■ RE: Claim By: Reserved for Clerk's filing stamp } Blanca Trujillo Againstthe County,of,Contra Costa or..-_ . - ) _ -0 7 2004 } District) [DEC a , , (Fill in the name) ) and Julius W. Gee, D.O. and ) Does 1-5. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of $ 5 0 0, 0 0 0 . 0 0 and in support of this claim represents as follows. 1. When did the damage or injury occur? (Give exact date and hour) July 28 , 2004, time unknown. 2. Where did the damage or injury occur? (Include ,;ity and county) Contra Costa Regional Medical Center, 2500 Alhambra Ave. , Martinez , Contra Costa County, California. 3. How did the damage or injury occur? (Give full details; use extra paper if required) The damage and injury to claimant occurred while claimant was undergoing a laporoscopic cholecystectomy performed at the County' s (continued) 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? County agents and employees, as physicians and surgeons retained to diagnose and treat claimant, failed to exercise the level of skill] knowledge and care that other reasonably careful medical practioners would possess and use in similar circumstances. 5 What are the names of county or district officers, servants, or employees causing the damage or injury? Julius W. Gee,DO and Does 1-5 . 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Claimant sustained injuries to the common bile duct and lett hepatic artery, which resulted in an attempted repair by open (continued) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) General damages of $250 , 000 . 00 plus hospital and physicians ' bills and future medical care in an amount which will be proven at trial. 8. Names and addresses of witnesses, doctors, and hospitals. Witnesses known to Claimant at the present time are; Julius W. Gee, DO, Pauline Velez , M.D. , Stephen D. Weiss , M.D. , David H. C.- .Raphael, M.D. 9. List the expenditures you made on account of this: accident or injury. (continued) DATE TIME AMOUNT See enclosed bill. is■aEtta son ussmmssown amoons Roam aaOman nansmsrrrrrrr■ssoraasaOman nnssrnnsasssamrasamass ) Gov. Code Sec. 910.2 provides "The claim shall be ) signed by the claimant or by some person on his }behalf." SEND NOTICES Name and address of Attorney Paul D. Hiles } -Jf C Attorney at Law } (Claimant's Signature) 706 Main St. , Suite A } Martinez , CA 94553 (Address) ) } Telephone No. (9 2 5) 372-5600 } Telephone No. irraamasnsmnssranrsrrarrr.monsoons■rasnnssrasn■arm■nsnrrra■■rrnsrrsrssonaaasrrnmass a NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud,presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claire, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a One of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. Board of Supervisors of Contra Costa County Claim Form continued #3 continued: medical center, which was carried out in a negligent and careless manner. #B continued: procedure, after which she was transported to UCSF Medical Center and forced to undergo a second, prolonged surgery and hospitalization. #8 continued: various other nursing staff and personnel at Contra Costa Regional Medical Center, Sandy Feng, M.D., UCSF Medical Center, San Francisco, California. L Medical Center PLEASE PA�PAID THIS AMOUNT DUB BY PATIENT FINANCIAL SERVICES i .0 BOX 0810,MCB 300 AMOUNT O $ SAN FRANCISCO,CA 94143-0810 F sac ACCOUNT NUMBER AND NAME FE!#94-3281657 9031020 TRUJILLO BLANCA FOR INFORMATION ON ACCOUNT PLEASE CALL (41.5) 673-1113 ADDRESS SERVICE REQUESTED F ADM DT: 07-29-04 BLANCA TRUJILLO a INS. 1: J45 425 CENTRAL AVE H FC: H PITTSBURG CA 94565 s MRN: 45602779 P #STMT: 001 �felttt�st�t�r�n��tttt�ttr���t��tt��tfill 1tttt1t1t1t1t1rtt11 a PT: S s STMT DT: 09-23-04 0 FOR CHANGES IN PATIENT ANDIOR INSURANCE INFORMATION,OR TO PAY BY CREDIT CARD,CHECK HERE AND COMPLETE THE BACK PLEASE MAKE CHECKS PAYABLE TO UCSF MEDICAL CENTER AND RETURN UPPER PORTION WITH YOUR PAYMENT. STATEMENT.OF ACCOUNT Page No. 1 Account Number: PatlentName: TRUJILLO ,BLANCA Service Start: 07/29/04 Service End:08/09/04 Statement Date: 09/23/04 Last StatementDate:08/20/04 QUESTIONS? Please Call: (415) 673-1113 Contact: ACCOUNT BALANCE ESTIMATED INSURANCE DUE TOTAL PATIENT CREDITS PLEASE PAY THIS AMOUNT 125,750.17 125,750.17 .00 .00 TRANS DATE DESCRIPTION AMOUNT PREVIOUS BALANCE 125,750.17 H I T MO A9 ACCOUNT BALANCE 125,750.17 Until your insurance has paid,the PLEASE PAY THIS AMOUNT represents the balance we estimate you owe. Any balance unpaid by your insurance will be due from you...Thank you. PROOF OF SERVICE BY MAJUFACSIMILEIEXPRESS DELIVERY [CCF'§§l031 A &21315.5, "Califomia Rules of Court, Rule Mos. 20£13(3) and 2005(1)] 1 declare that. I am a resident and employed in the County of Contra Costa, California. l am over the age of eighteen years and not a party of the within entitled cause; my business address is 706 Main Street, Suite A, Martinez, California 94553. On December _ , 2004, 1 served the following document(s): CLAIM AGAINST CONTRA COSTA COUNTY Mail [CCP§ 1031A & 2015.5]= By placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California, addressed to the following party(ies), and following ordinary business practices, placing the envelope for mailing and collection with the United States Postal Service in the City of Martinez, California. By Telecopier/Facsimile (California Mules of Court, Rule Nos. 2003(3) and 2005(i)): A true copy of the aforementioned document was transmitted via facsimile to the party(ies) and numbers as listed below/ori the attached list. XX By causing true and correct copies of the above documents to be delivered to the addressee(s) below, by personal delivery. The aforementioned document(s) was served on: Clerk of the Board of Supervisors of Contra Costa County I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on December �71 2004 at Martinez, California. f Paul .—H N s CLAIM ,�+� /�► BOARD OF SUPERVISORS of CONTRA COSTA COUNTY BOARD ACTION: JANUARY 111 2005 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: $81500.00 w CLAIMANT: RANDY LEWIS ATTORNEY: MAURICE MOYAL DATE RECEIVED: DECEMBER 07, 2004 ADDRESS: 77 KINGS ROW BY DELIVERY TO CLERK ON:DECEMBER 07 2004 CONCORD, CA 9451.8 RECEIVED FROM RISK BY MAIL POSTMARKED: MANAGEMENT - PENNY BAILEY FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE E k Dated: DECEMBER 07, 2004 By: Deputy II. MOM: County Counsel, TO: Clerk of the Board of Supefvisors ( ) This claim complies substantially with Sections 910 and 910.2. (>..,j''T is 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: %- , °, i — Deputy Count Counse Dated: Z v, By p Y Y III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). {IV. ARD ORDER.: By unanimous vote of the Supervisors present: This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Date JOHN SWEETEN, CLERK., By , Deputy Clerk WARNING(Gov. code recti-OZ13) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposite in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: / JOHN SWEETEN, CLERK By Deputy Clerk OFFICE OF THE COUNTY COUNSEL SILVANO B. MARCHESI COUNTYbF CONTRA COSTA , � ' COUNTY COUNSEL Administration Building �` y •6 651 Pine Street, 911'Moor SHARON L. ANDERSON Martinez, California 94553-1229 y" �/ CHIEF ASSISTANT t!3 a s �;; 3 GREGORY C. HARVEY (925) 335-1800 t s r�"a 9 ,G VAIEME J. RANCHE (925) 646-1078 (f ax) e � ° ASSISTANTS COU E NOTICE OF INSUFFICIENCY ANL}/OR NON-ACCEPTANCE OF CLAIM TO: Randy Lewis 77 Kings Row Concord, CA 94518 RE: CLAIM OF RANDY LEWIS: 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,dace 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. Rand"Lewis Re: Claim of Randy Lewis 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 By: - Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street,9th Floor,Martinez, CA 94553-1229. On 12 - c,�4 ,I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez,California addressed as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on = f:� at Martinez. California. 3 .. Ie athleen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room. 106, County Administration Building, 651 fine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. rrrrrrrrwas rrrrrrrNaumann rrrrrrrrrrrrrrrrrarrrrrrrrson raman srrt RE: Claim By: Reserved for Clerk's filing stamp ewtS _. � } RECEIVED } Against the County of Contra Costa or } D E C 0 7 2004 District) CLERK BOARD OF SU ;_RViSORS (Fill in the name) ) CONTRA COSTA 00, . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) ° ` 2. Where did the damage or injury occur? (Include city and county) 91<A S 4-,4 �4,t t -'WA Co s TA- 3. How did the damage or injury occur? (Give full details;use extra paper if required) 4. What particular act Zr omission on the part of county or district officers, servants, or employees caused the injury or damage? 44" /tP n u VJ,gr 1'�,;� (IJ rat n c i 7 jj� C,�r c 4, A C 5 P What are the names of county oristrict officers, servants, or employees causing the damage or injury? 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) ;n 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage,) '.moi,. # `� c � e-,5 a $. Names and addresses of witnesses, doctors, and hospitals: C W C P 9. List the expefiditures you made on account of this accident or injury: DATE TIME AMOUNT sraarserrr asrrrsarrarrrrasas■■aaarsrassarawas aAsa rro w mamassasrsesmassaasa■aaamasonI ) Gov. Code Sec. 910.2 provides"The claim shall be ) signed by the claimant or by some person on his ) behalf." SEND NOTICES TO: (Attorney) Name and address of Attorney ) tj s a� } ��"�� ) (Clai ant's Signature). (Address) } Telephone No. &1�6 0 o } Telephone No. 2_s- ■.rrsssarass.s.r■rasaraassoars..sraaarrassrrsssarsaarsssasaaarsrss.saasssrsaasaraaasl PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments,addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. aasrassaraararss■rraasraassrrrsarrraarrr■rrrraSusan rrssas■asrss.rruss.Masan aaSao avant NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1;000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: JANUARY 11, 2005 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 :u 915.4. Please note all"Warnings". AMOUNT: $998.49 CLAIMANT: MARGARET WALTERS STADLER ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 07, 2004 ADDRESS: 16 OAK RIDGE LANE BY DELIVERY TO CLERK ON: DECEMBER 07, 2004 DANVILLE, CA 94545 OR RECEIVED FROM RISK 504 4th AVENUE EAST BY MAIL POSTMARKED: MANAGEMENT - PENNY KALLISpELL MI' 59941 BAILEY 12/06/44 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, DECEMBER 07 2044 B Deputy .Dated. y� F y II. MOM: County Counsel, TO: Clerk of the Board of Supe tsors {-'his claim complies substantially with Sections 910 and 910.2. s { ) This Claim FAILS to comply substantially with Sections 910 and 914.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). { ) Other: n f Dated: / 't By: € Deputy County Counse 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). 117 BOARD ORDER.: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. { ) Other: I certify that this is a true and correct'copy of the Board's Order entered in its minutes for this date. Date&— K. . JOHN SWEETEN, CLERK, By ' � , Deputy Clerk WARNING(Gov. code sectio 913) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposite, in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated,; JOHN SWEETEN, CLERK By s Deputy Clerk f 1,M-23-2004 1 e9 CCC R'L SK n*4ACYfi°lENT 925 335 1421 P.e onal property of action shall be A. A claim relating to a cause of action for later or€ injury the accvxd of the cause of o crops shalt be pro;�end not later thin six mc}nths aft � one year � other�� presented action. A claim relating to any after the accrual of the cause of action. (Gov.Cade§ 911-2.) Clams must be filed. with the Clerk of the Board of Seu��55at its office in Room 106, County Administration Building, 6-1 pine Street,� � 3. C, If:claim is apinA a district governed by the Board of Supervisors, rather tom'the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate clairt� must be filexi aga teach public entity. E. See penalty for fraudulent claims,Penal Code Sem. 72 at the end of this form• a►+rarer+ rrsrrwrraax +rrsrarrrrswar:as+r*'aa+ araarraarsrrraarr++saaraaaaarrrarrrawt Reserved for Clerk's filing stamp n: Claim.By: � Agate the County of UOU ra Costs.or � DEC 4 7 200 CLERK BOARDTF,,.+v3aErib iS03?S CONTRA COSTA CO. (Fill in the name) ) The undersigned claimant hereby makes claim againg the County of Contra Costa or the above-named district in the sum of$ and in supper of this claim represents as follows: 1. When did the damage:or injury occur? (Give exact date and hour) 111111o�4 /2 :.5"7 2. Where did the damage or occur? (Include ci and county) cis C-6 a 4-177 . How did the: or injury oecm? (Give full details',use extra Paper if rell�l ir'ed) tn1�5 �i`�r i� NO 0" DiL�At 43/v'OC a r--s4- i 1�c. �'r�� �� .�" b��►,�. kms. CA-4— 4. Whatt particular d6t or omission on the part of WUfitY or district officers, servaYsts, or employees y gaud the injury �e� , -,�ct�.t.,,•C, r�-� 5 What am the names of county or district 0113irexs,servants,or employees causing the damage or injury`? /,6 4 a G}6-1.(4 A)A , :NOV-23-2004 10:30 CCC P T SK MANP6MENT 925 335 1421 P.03 6. what damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. At�h two estimates for auto damage.) IV, lo6�A -- ;,J �� �� � 4 Ve-k I c Cr or"4AI-r yx SSI. ST -40 • 7, How was the amount claimed strove computed. Onclude the estimated amount of any prospective injury or damage.) Arrgc,#&-J!� e-�5 77*-A-A-7e--5 8. Names and addresses of witnesses,doctors,and hospitals: 9. List the expenditt1res you made on account of this accident or injury DAM #107v �73 � . r jrrc. t g*g■/IFYYYiflf� Y'a R■ lY**AN*anus XONSOVegg■ IkfsusuassRa *sagiltaYrilrY rtltUrr�Y� ,rte � . / 3. d" `T`ext c orf ,�o Gov. Sec. 914.2 provides'The claim shall be signed by the claimant or by some perm on his �t/�, '[���e'+ 'r'('� ( {'� i+i1 )bell" Name and address of Attorney (Claimant's Signature) (Address) Telephone No. )Telephone No. CJZ,�r) �'-S Z"- '71?-73 g**agara Ylag!***agaa*goataawou*1saa Yal RY**g*RaggRfl ylCig R!!**alaag**gR***a**a**Muse sofal PUBLIC RECORDS NOTICE: Please be advised that this claim form,or any claim Tiled with the County under the Tort Clams Act, is subject to public disclosure under the Cailifortiia Public Ards Act. (Gov. Code, SS 6500 at seq.) Furthermore, any attachments,addendums,or supplements attached to the;claim form,including medical records,are also subject to public disclosure. *sox gaRaYsXs**sang*aaaAm*0 a agaass*assago***rasa*amuse a***R aa%a*aargassaaaa*awas s*sgY1 NOTICE: Section 72 of the Penal Come provides: Every person who,with Intent to defraud,pmts for allowance or for payment to any+.tte board ar 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 voiwher,or writing,is punishable either by imprisonment in the County jail for a period of not more than one year, by a fins of not exceeding one thousand dollars($1,000.00), or by both such imprisonment eut 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. TOTPL P.03 Nate: Both adjusters indicated that they would be unable to determine if there was structural damage to the car until they could look more closely during repair. We would prefer to have Mike Rose's Auto Body Shap do the repairs if that is possible. Thank you, Margaret Stadler 12/01/2004 at 02 : 51 PM Job Number: 40462 MIKE ROSE'S AUTO BODY INC. License l : BAR# 0969527 Federal ID # : 942621349 WHERE QUALITY COUNTS 2260 VIA DE MERCADOS CONCORD, CA 94520-4920 (925) 689-1739 Fax: (925) 689-0991 PRELIMINARY ESTIMATE Written By: KEVIN WARD Adjuster: Insured: MARGARET STADLER Claim # Owner: MARGARET STADLER Policy # Address: Deductible: Date of Doss: Day: Type of Loss: Evening: Point of Impact: 6. Rear Inspect MIRE ROSE' S AUTO BODY INC. Business: (925) 689-1739 Location: 2260 VIA DE MERCADOS CONCORD, CA 94520-4920 Insurance ISQA-GENERIC a Company: Days to Repair 2004 MOND PILOT 4X4 EXL 6-3 . 5L-FI 4D UTV WHT Int : VIN: 2HKYF18644H500848 Lic: 7 .A81237 MO Prod Date: 08/2003 Odometer: 21819 Air Conditioning Rear Defogger Milt Wheel Cruise Control Intermittent Wipers Keyless Entry Theft Deterrent/Alarm Dual Air Condition Rear Wiper Entertain7ment Center Steering Wheel Controls Body Side Moldings Duni Mirrors Privacy Glass Luggage/Roof Rack Rear Spoiler Clear Coat Paint Power Steering Power Brakes Power Windows Power Locks Power Driver Seat Power Mirrors Anti-Lock Brakes (4 ) Driver Air Bag Passenger Air Bag Front Side Impact Air Bag 4 Wheel Disc Brakes Traction Control Leather Seats Bucket Seats Heated Seats Power Trunk/Tailgate Aluminum/Alloy Wheels ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT . PRICE LABOR PAINT ---------------------------------------------------------------------------------- 1 REAR BUMPER 2 CIH bumper assy 0 0 . 00 1 . 4 0. 0 3 Repi Bumper cover 1 353 . 41 Incl . 2 . 8 4 Add .for Clear Coat 0 0 . 00 0 . 0 1 . 1 5 Rep-, Step pad 1 27 . 52 Incl , 0 . 0 6 Rep_ Lower cover 1 38 . 63 Incl . 0 . 0 74 Subl HAZARDOUS WASTE REMOVAL 1 3. 00 X 0 . 0 0 . 0 8# TINT COLOR 1 0 . 00 X 0. 5 0 . 0 94 Repl FLEX ADDITIVE 1 8 . 00 T 0. 0 0 . 0 ---------------------------------------------------------------------------------- Subtotals =-> 430. 56 1 . 9 3 . 9 1 12/01/2004 at 02 : 51 PM Job Number: 40462 PRELIMINARY ESTIMATE 2004 HOND PILOT 4X4 EXL 6--3. 5L-FI 4D UTV WHT Int : Parts 419.56 Body Labor 1 . 9 hrs @ $ 70 . 00/hr 133. 00 Paint Labor 3 . 9 hrs @ $ 70 . 00/hr 273 . 00 Paint Supplies 3 . 9 hrs @ $ 30 . 00/hr 117 , 00 Sublet/Misc. 11 . 00 ---------------------------------------------------- SUBTOTAL $ 953. 566 Sales flax $ 544 . 56 @ 8 .2500% 44 . 93 ---------------------------------------------------- GRAND TOTAL $ 998 . 49 THIS IS A PRELIMINARY ESTIMATE AND ADDITIONAL CHARGES MAY BE REQUIRED FOR THE ACTUAL REPAIR. FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS lS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON, THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS : D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES : B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL-=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/_ SYMBOLS: #=MANUAL LINE. ENTRY *=OTHER [IE, -MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACTURER` S QUALIFICATION AND VALIDATION PROGRAM. Estimate based on MOTOR CRASS ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ARG4455 Database gate 11/2004, CCC Data Date 11/2004, and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships . Asterisk (*) or Double Asterisk {**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Tilde sign (-) items indicate MOTOR Not-Included Labor operations, Non-Original Equipment Manufacturer aftermarket parts are described as AM, Qual Rep! Parts or Comp Repl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Racy Parts, RCY, or USED. Reconditioned parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided by National Auto Glass Specifications, Inc. Pound sign (1) mems indicate manual entries. Some parts that are described as Recon. may be OE Surplus parts or other OE parts offered at a special pricing discount. For further clarification please review the Suppliers List attached to this estimate, or consult the appraiser or estimator. CCC Pathways - A product of CCC Information Services Inc. 2 CLASSIC AUTO BODY 1401 AUTO CENTER DRIVE WALNUT CREEK, CA 94596 PHONE: (925) 338-3131 FAX: (925) 338-0718 CD LOG NO 6-1 DATE 12/01/04 SHOP: CLASSIC AUTO BODY INSP DATE: 12/01/04 ADDRESS : 1401 AUTOCENTER DR. CONTACT: TIM KAMM CITY STATE: 11ALNUT CREEK, CA PHONE 1 : (925) 938-3131 ZIP: 94597- FAX: (325) 938-0718 OWNER: STADLER, MARGARET HOME PHONE: (325) 552-7973 LIC#: 7 A81237 STATE: MT VIN: 2HKYF18644HS00848 BODY COLOR: MILEAGE: CONDITION: ACCTNG CTL#: *=USER-ENTERED VALUE E=REPLACE OEM NG=REPLACE NAGS EC=REPLACE ECONOMY UC=RECONDITIONED PRT UM=REMAN/REBUILT PRT EU=REPLACE SALVAGE EP=REPLACE PXN PC=PXN RECONDITIONED PM=PXN REMAN/REBUILT TE=PARTL REPL PRICE ET=PARTL REPL LABOR IT=PARTIAL REPAIR I=REPAIR L=REFINISH BR=BLEND REFINISH TT=TWO-TONE CG=CHIPGUARD SB=SUBLET N=ADDITIONAL LABOR RI=R&I ASSEMBLY P=CHECK AA=APPEAR ALLOWANCE RP=RELATED PRIOR UP=UNRELATED PRIOR 2004 HONDA PILOT EX-L 4DOOR WAGON 6CYL GASOLINE 3.5 CODE: H7123B/B OPTNS A/2410GLN OPTIONS : TWO-STAGE - EXTERIOR SURFACES TWO-STAGE - INTERIOR SURFACES HEATED FRONT SEATS HEATED REMOTE CONTROL MIRRORS LUGGAGE RACK CLIMATE CONTROLLED A/C STRG WHEEL MTD RADIO CONTROLS OP GDE MC DESCRIPTION MFG.PART NO. PRICE AJ% B% HOURS R E 0566 COVER,REAR BUMPER 0471SS9VA90ZZ 353. 41 0. 6 1 .. 0566 13 CO-'ER,REAR BUMPER REFINISH 3. 7 4 E 0560 STEP,REAR BUMPER 71510S9VA00ZA 27 . 52 0. 8 1 N M03 FLEX ADDITIVE ADDNL LABOR OPERA 5. 00* 4 N M15 COLOR TINT ADDNL LABOR OPERA 0.5*4* N M60 HAZARD. WSTE. REM. ADDNL LABOR OPERA 5. 00* 1* 6 ITEMS MC MESSAGE (S) 13 INCLUDES 0. 6 HOURS FIRST PANEL TWO-STAGE ALLOWANCE FINAL CALCULATIONS & ENTRIES GROSS PARTS 380. 93 OTHER PARTS 10. 00 PACF i 2004 HONDA PILOT EY--.L 4DOOR WAGON CD"LOG NO 6-1 PAINT MATERIAL 126. 00 PARTS & MATERIAL TOTAL 516. 93 TAY ON PARTS & MATERIAL @ 8 .250% 42 . 65 LABOR RATE REPLACE HRS REPAIR HRS 1-SHEET METAL 70. 00 1 . 4 98 . 00 2-MECH/ELEC 70.00 3-FRAME 70.00 4-REFINISH 70. 00 3. 7 0.5 294 . 00 5-PAINT MATERIAL 30. 00 LABOR TOTAL 392 . 00 SUBLET REPAIRS TOWING STORAGE GROSS TOTAL 951 . 58 NET TOTAL 951 . 58 ADP SHOPLINK UB275 ES CD LOG 6-1 DATE 12/01/04 03 : 16:43PM R6.35 CD 11/04 :MOST LOG (C) 1998 - 2004 ADP CLAIMS SOLUTIONS GROUP, INC. 1 . 1 HRS WERE ADDED TO THIS EST. BASED ON ADP TWO-STAGE REFINISH FORMULA. -------------------------------------------------- ?ACDF CLAIM / BOARD OF SUPERVISORS OF CON'T'RA COSTA COUNTY • BOARD AC'T'ION:JANUARY >11, 2005 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: UNKNOWN x: r:> z G"! . Y= dam`' CLAIMANT: OLGA GRONDALSKI ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 08, 2004 ADDRESS: 309 JORDAN COURT BY DELIVERY TO CLERK.ON: DECKER 08, 2004 MARTINEZ, CA 94553 RECEIVED FROM RISK BY MAIL POSTMARKED: MANAGEMENT - SHARON OFFORD FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE �`lerk DECEMBER 08 2004 Dated: .. By: Deputy II. MOM: County Counsel, TO: Clerk of the Board of Supefvisors { phis claim complies substantially with Sections 914 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 914.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 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: f� � s Dated: t ~ ` " By:L P"' e'. & .. k, Deputy County Counse III. FROM: Clerk ofthe Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. ,BOARD ORDER: By unanimous vote of the Supervisors present: ( } This Claim is rejected in full. ( ) Other: I certify that this is a true and corred copy of the Board's Order entered in its minutes for this date. Dated: fs` o��' --- JOHN SWEETEN, CLERK, By °— , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposite( in the mail to file a court action on this claim. See Government Code Section 945.5. 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 12/()3,12004 13:51 FAX 925 646 4589 CCC ELECTION DEPT EO/PPL Z003 uta-G -ZUU4 WI-9 U4:�8 FM SUPT MUS[ FAX IC 9253130757 P, D2 DEC 2004 Nov.17/04 To whom it may concern: On Nov.2/t34 approximately 2:00pm at the Martinez Adult school on F Stmt,I tripped on the door threshold,which was uneven and elevated too high. I fell flat on my chest and face bruising;my eye, cyst,and big toe.My chest is very bruised& sore.I have made two trips to the emergency because of the excruciating pain in my chest..They found no broken bones but prescribed pain killers for the pulled muscles and bruises. The impact on my fare broke my eye glasses. I was delayed reporting this incident because I have been bound to my home:because of my pain. I am unable to do anything other than rest and try to heat. I want to make you aware of this incident because I do not want anyone else to have the same painful experience.. I am requesting that you pay for my eye glasses and any uncovered doctor's visits stud prescriptions. I arra ninety years old and on a very liwited and fixed incomes. I wilt wait for your response. Sincerely, Olga Grondalski 309 Jordan CT. Martinez,CA 94553 004 `/ ,USC1 2034 FAYL G4 38PE� SUPT Mt15 ccc ELECTION DEPT AXi0p 0253130757 P. 03 ♦[y find f P M t31 3%IdICourt N4m � Bit ` tinez,CA 94553.4613 +*t r.� 94-SS. S+3. :S+ 114111 lit I1011111111)ftil i)IT/11111th,11111111/liIIIJ11M 11 i V i2%U3/2004 13:31 FAX 925 646 4599 CCC ELECTION DEPT EO/PPL @JQUi � CANDY LOPEZ STIrpHEN L.WEIR =� ASSISTANT COU TRAR COUNTY CLERK �.:... t RECEIVED DEC 0 8 2004 CLERK 8C3ARL - !BURS CONTRA COSTA CU. CONTRA COSTA COUNTY ELECTION DEPARTMENT ELECTION OFFICER/POLLING PLACE SECTIO FFORO 524 MAIN STREET to ; y, Es-� MARTINEZ, CALIFORNIA 94553-1140 (925)646-4163 option 3 DEC 0 2004 Fax#(925) 546-4599 Date: To: 01-�M e4 — Fax Number: Phone Number: Total number ofP ages transmitted including the cover page: if you do not receive all of the pages, please call (925) 646-4163 and choose option 3, between the hours of 8:00am and 5:00pm. Any additional message: - r-,Z ` 4 7 c u.D�,k cis.... V10 e ��_C_+0� Q ti Y 1 G cc .5 e CC7 •1J i 1 c Ci 12%03/2004 13:31 FAX 925 646 4599 CCC ELECTION DEPT EO/PPL Z 002 DEC--01-2004 WED 04:33 PIS SUPT MUSO FAX NO, 9253130757 P 01 Fax over Sheet Name: Judy Chase Fax: 646-4599 From: Jeanette Wriston Date: December 1,2004 Subject: Olga Grondalski Pages. 3, including cover E 'Urgent 1:1 Reply ASAP El Please Comment El For Your Records Comments:[Comments] I am sanding you the letter received from Mrs. Olga Grondaiski regarding the injuries she recelved on November 2 when she tripped on a threshold at the Martinez Adult School on her way to vote, I called Mrs. Grondaiski to let her know that you would be contacting her. Please feel free to call me if you have any questions.. Thank you for taking rare of this. From the desk of... Jeanette Wriston supe t+endent's Secretary Martinez UnWfsd School Distft 931 Susans Street MQninez,CA 54563 535-313-0480 Ext.308 Fax:926.313-0757 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �. BOARD ACTIOWANIIARY 11, 2005 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references,A 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 i F ti . -. Pursuant to Government Code Section 913 and P . 915.4. Please note all "Warnings". AMOUNT: UNKNOWN r CLAIMANT: LA CHEF? SCHOOL, INC. ATTORNEY: WILLIAM J. PETZEL DATE RECEIVED: DECEMBER 09, 2004 ADDRESS: 1970 BROADWAY, SUITE 1200 BY DELIVERY TO CLERK.ON: DECEMBER 09, 2004 OAKLAND, CA 94612 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 SW=T Clerk Dated: DECEMBER 09, 2004 By: Deputy II. FkOM: County Counsel. TO: Clerk of the Board of Sup isors (This claim compares stibstantially 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 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. ARD ORDER: By unanimous vote of the Supervisors present: , This Claim is rejected in full. { ) Other: r I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: °' JOHN SWEETEN, CLERK., By , Deputy Clerk WARNING(Gov. code sedfion 91 1) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposite4 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: qtf'-& JOHN SWEETEN, CLERK.By Deputy Clerk I WILLIAM J. PETZEL (SBN 57129) Attorneys at Lew 2 1970 Broadway, Suite 1200 Oakland, CA 94512 3 Tel: (010) 452-1900 Fax: (510) 452-1950 4 Attorney for 5 LA CHEIM SCHOOL, INC. Dec 9 2004 6 S E RVI 8 l•• LA CHEIM SCHOOL, INC., 9 10 vs. CLAIM FOR MONEY 11 COUNTY OF CONTRA COSTA, 12 CALIFORNIA, / 13 14 TO THE BOAR© OF SUPERVISORS OF CONTRA COSTA COUNTY: 15 You are hereby notified that La Cheim School, Inc., whose post office address is 16 5261 Claremont Avenue, Oakland, California, 94618, claims damages from the County of 17 Contra Costa, California. 18 This claim is based on the County of Contra Costa's decision to withhold monies 19 owed to La Cheim School, Inc. for the "School-based Intensive Day Treatment and Mental 20 Health Services required under AB 3632" contracts for FY 2002/2003 and FY 2001/2002. 21 Contra Costa County unilaterally and without justification withheld sums for the May, 22 June, July, August, September and October 2004 services La Cheim School, Inc. provided 23 to Contra Costa County. The payments were to be paid in .lune, July, August, September, 24 October and November 2004. 25 The name of the public employee causing the withholding of the monies from La 26 Cheim School, Inc., as known to date, is Jana Drazich. 27 This is an unlimited civil case. 28 All notices or other communications with regard to this claim should be sent to CLAIM FOR MONEY I /s 1 William J. Petzel at 1970 Broadway, Suite 1200, OakIbn , California, 94612. 2 Date: December 9, 2004 Yj 31 4 5 CEO of Plaintiff LA CHEIM SCHOOL, INC. 6 7 8 9 10 11 12 C:Documents and SettingslowwerlMyDocumentslPetzellLACMPIMTaCheimSchoollClaimforMoneypld.wpd 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAIM FOR MONEY 2 CLAIM BOARD OF SUPERVISORS OF CONTRA. COSTA COUNTY (/ BOARD ACTION: JANUARY 11,, 2004 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: UNKNOWN CLAIMANT: GAYLE LONGRIDGE y ATTORNEY: STEPHEN _G. OPPERWALL, Esq. DATE RECEIVED: DECEMBER 10, 2004 ADDRESS: LAW OFFICES OF STEPHEN G. OPPERWALL BY DELIVERY TO CLERK.ON:DECEMBER 10 2004 4900 HOPyARD ROAD 2UITE 100 PLEASANTON, CA 94t8.8 BY MAIL POSTMARKED- DECEMBER 10, 2004 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEEOtvk Dated: DECIIBER 10, 2004 By: Deputy p�� - II. MOM: County Counsel, TO: Clerk of the Board of Supe isors (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). aq M+.be- (Maimi timely filed. T aim on g ri ' iL/eg—e.+e.a. { Other. c>o^4� Ce � �� 4 le— M'6i il 0 KL C 120 r Q"+40 G 0 Cvde'lqll.2Du A evvn,0104tes r eros tU4 et con �- 4 fe 4-S C0 4 if . Dated: -t q By: 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. HARD 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: /I JOHN SWEETEN, CLERK, By Z Deputy Clerk 61 WARNING(Gov. code section 91 ) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or depositel 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 Cleric OFFICE OF THE COUNTY COUNSEL "_' SILVANO B.MARCHESI COUNTY COUNSEL COUNTY OF CONTRA COSTA x Administration wilding 651 Pine Street, 90' Floor ;; " SHARON L. ANDERSON Martinez, California 94553-1229 s'x - s' u; CHIE�ASS#STANT GREGORY C. HARVEY (925) 335-1800 (925) 646-1078 (fax) a N $ VALERIE J. RANCHE ,i? A55#sTANTs STATUTORY WARNING PURSUANT TO GOVERNMENT CODE SECTION 911.3 TO: Stephen G. Opperwall 4900 Hopyard Road, Suite 100 Pleasanton, CA 94588 RE: Claim of Gayle Longridge Please Take Notice as Follows: The claim you presented to the Contra Costa County Board of Supervisors on December 10, 2004 was reviewed by County Counsel. The portion of the claim prior to June 10, 2004 was not presented within six months after the event or occurrence as required by law. Because you allege late discovery of the claim, the claim is "timely on its face" and will be reviewed and acted upon by the Board of Supervisors within the statutory time period. To preserve the rights of the County, its departments and employees to challenge the validity of your late discovery claim, you are warned pursuant to statute that if your delayed discovery argument is improper, your claim is late, and is being returned because it was not presented within six months after the event or occurrence as required by law. (See Gov. Code, §§ 901, 911.2.) Because the claim may not have been presented within the time allowed by law, we warn you that to preserve your right in the event your claim is determined to be late, your only recourse at this time is to apply without delay to the Contra Costa County Board of Supervisors for leave to present a late claim. (See Gov. Code, §§ 911.4 to 912.2, inclusive, and 946.6.) Under some circumstances, leave to present a late claim will be granted. (See Gov. Code, § 911.6.) Page 1 You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. SILYANO B. MARCHER COUNTY COUNSEL By: Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641,664) 1 am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street, 9th Floor, Martinez,CA 94553-1229. On _Es `� � ZZ served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid,in the United States mail at Martinez, California addressed as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on at Martinez, California. z� at leen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 BOARD OF SUPERVISORS OF CONTRA CO$TA CC1UN'N RIATRUC"1'10 19 CI AMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code §911„2.) B: Claims must be filed with the Clerk of the Board of Sup*Msorr, 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 i name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity, B. feud. See penalty for fraudulent claimPenal Code Sec. 72 at the end of this forth. /sis/f99#8400%of*ss**suof*sssgsssof*woo sssrssfssy rors1R2`Ms$0904spss isssssve ss of RE: Claim By: Reserved for Clerk's filing stamp Gayle Longridge } ijUXEIVED Against the County of Contra Costa or ) D E C 1 0 200 District) "ARK BOARD GF qi immV3St16 Gill in this name) ) �,;��n rn��A r+n The undersigned claimant hereby makes claire against the County of Coutm Costa or the above-named district in the stunt of$ Not Stated per law and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) See attached pages. 2. Where did the damage or injury occur? (Include city and county) See attached pages. 3. How did the damage or injury occur? (Givt full details;use extra paper if required) See attached pages. 4. What particular act or omission out the part of county or district officers, servants, or employees caused the injury or darnaga? See attached pages. 5 What are the rsames of county or district officers, servants,or employees causing the damage or injury? See attached pages. 4 Y 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage,) See attached pages. 7, Hove was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See attached pages. 8. Names and addresses of witnesses,doctors,and hospitals: See attached pages. 9. List the cxpeaditwes you made on account of this accident or igjury: V.&M AMOUNT See attached pages. ►r4a►•rrrrrrrar0a*9*r9■a4rraa4rr44a0*09409*9940*40999999*aear00rr►4$*******aalow arAli } Gov, Code Sea. 714.2 provides"The claim sball be }signed by the claimant or by some person on his }behalf."` SEND NOTIU TO: (Attorney} 1 Name and address of AttorneY Stephen G. Opperwall, Esq. } (C is Signature) Law Offices of Stephen-G. Opperwall (Address) 4900 Flopyard Road, Suite 109) Pleasanton, California 94588 Telephone No 925.417-0300 )'Telephone No. 9904*•►9►►0*so*90900go*rr9rr.9rrr•9*94rr*s9■a■4990*arwas 94••9*449*rr4■rrw*saar4ra0*rr PUBLIC RECORDS NOTICE: Please be advised dist this claim form,of any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the Califamis Public Records Act. (Gov. Code, SS 5500 et seq.) Furthermore, any attachments,addendums,or supplements attached to the claim form, including medical records,are also subject to public disclosure. aaa0►9095006906*9as*as at**4 9*9r►**so 09449aa#*4agaa a aa$9r0*404444909**rr**al NOTICE, Section 71 of she Pend Code provides. Every person who,with intent to defraud, presents for aliowence Or for payment to any state board or officer,or to any county, city, or district board or officer, audiorirsd 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 jai for a period of not more than one year, by a fine of not exceeding one thousand dollars(51,000.04), or by both such imprisonment and fine, or by imprisonment In the state prison, by a fine of not exceeding ten thousand dollars ($10,000),or by both such imprisonment and fine. Attachment to Claim by Gayle Longridge 1 . when did the damage or injury occur? In July 2004 , claimant ' s legal counsel was provided documents by Contra Costa County that showed that Contra Costa County had committed violations of privacy laws, debt collection laws, etc. The documents were produced by County Counsel for Contra Costa County in the case Contra Costa County v. Gayle Loncrridge, Contra Costa County Superior Court Case Number WSO4-0358 . 2 . Where did _the damage or injury occur? The damage to claimant occurred in Sacramento, California where claimant resides . The actions taken by Contra Costa County employees were presumably taken in Contra Costa County. 3 . How did the damage or injury occur? Claimant contends that Contra Costa County committed violations of claimant ' s rights in multiple ways . A more detailed 1 description is set forth in the Cross-complaint that claimant has filed against Contra Costa County, a copy of which is attached hereto as Exhibit 1 . 4 . What particular act or omission on the part of county or officers, servants or employees caused the injury or damage? See attached Exhibit 1, particularly at paragraphs 9 and 10 . 5 . What are the names of county of district officers servants or employees causing the damage or injury? The names of all persons involved are not currently known to claimant. William Ealy is 'one person. Johnny Jefferson is presumably another as the one who would have been William Ealy' s supervisor. 6 . What damage or injuries do your claim resulted? Injury to reputation, injury to credit, emotional distress, loss of consortium, economic injuries, attorneys ' fees, court costs, punitive damages, statutory damages, etc . 7 . How was the amount claimed above computed? The precise amount has not been computed, and the amount is not supposed to be stated according to the provisions of Government Code Section 910 (f) other than to state if it is less than $10, 000 2 (which it is not) and if it would be filed as a limited civil case (which it is not) . 8 . Names and addresses of witnesses, doctors, and hospitals : Not applicable . 9 . List the expenditures you made on account of this accident or inj ury:: Damages, court costs, attorneys ' fees . tortclaim.attachment .doc .wpd 3 982.1(20) ATTORNEY OR PARTY WITSi W ATTORNEY t tnw get*bwmenbw,dnCsald m): FOR COUff y �Y Stephen G. Opperwall (SHN100057) ~ `? Law Offices of Stephen G. Opperwalli( �; 4900 H€pyard Road, Suite 100 }� �,. : , '4 ~i Pleasanton, CA 94588 V'v,'\�-; + l l:l ii .. TELEPHCkiENO: (925) 417-0300 FAxNa(Cpttow): (925) 417-0301 q ((`T +) ^� E•MAILADDRESS(OpMywd: 1, 4 u t+` 0 P 2` � 1 ATTORNEY FOR(twms):Defendant and Cross-complainant Gayle Longridge SUPERIOR COURT OF CALIFORIIIA,COUNTY OF CONTRA COSTA CALF. sTREETADDResS 640 Ygnacio Valley Road _ MAILINCIADORESS: CITY ANDZIPCODE:Walnut Creek, CA 94596 eRAwmNAmeWalnut Creek-Danville Facility PLAINTIFF:Gayle Longridge DEFENDANT:Contra Costa County, and ROES 1-50, DOES 1 TO CONTRACT ( COMPLAINT AMENDED COMPLAINT(Number): i CROSS.COMPLA1NT AMENDED CROSS-COMPLAINT(Number): Jurisdiction(check all that apply): CASE NUM ER: ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed$10,000 [� exceeds$10,000,but does not exceed$25,000 WSO4-0358 ACTION IS AN UNLIMITED Cim CASE(exceeds$25,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited from unlimited to limited t. PLAINTIFF*(names): Gayle Longridge [Defendant and Cross-complainant alleges causes of action against DEFENDANT'(names):Contra Costa County [Plaintiff and Cross-defendant] 2. This pleading,including attachments and exhibits,consists of the following number of pages: 8 3. a. Each plaintiff named above is a competent adult [� except plaintiff(name): [ a corporation qualified to do business in California an unincorporated entity(describe): other(specify): b. ( Plaintiff(name): has complied with the fictitious business name laws and is doing business under the fictitious name of(specify): has complied with all licensing requirements as a licensed(specify): c, Information about additional plaintiffs who are not competent adults is shown in Complaint-Attachment 3c. 4. a. Each defendant named above Is a natural person except defendant(name): except defendant(name): a business organization,form unknown =a business organization,form unknown a corporation =a corporation an unincorporated entity(descrr'bs): =an unincorporated entity(describe): [�a public entity(describe): =a public entity(describe): [�other(specify): F]other(specify): X40}2 11 u9e furls utid rr a oasapiaini,piti+ittfl mwnt Cass-axrpdneM and drterrtitnt n:sw ttois.uatterKlarB. Fwm APpmvedfor©piles uea COMPLAINT-Contract Code of CN.P=,1425.12 Ctw JUCIICI&I ndf dC 00ffft fA2.f(2flCOM I- 1.204 EXHIBIT " I :t PAG�OF�. WW W.ATFOi'tMS.COM 1.6(30�17'd302 SHORTTITLE: Contra Costa County v. Gayla Longridge [and related crass-action} WSO4-0358 COMPLAINT-Contract 4. (Continued) b.The true names and capacities of defendants sued as Coes are unknown to plaintiff. c. [� Information about additional defendants who are not natural persons is contained In Complaint-Attachment 4c. d. Q Defendants who are Joined pursuant to Code of Civil Procedure section 382 are(names): 5. E) Plaintiff Is required to comply with a claims statute,and a. plaintiff has compiled with applicable claims statutes,or b.[ plaintiff is excused from complying because(specify): 6. = This action is subject to =Civil Code section 1812.10 =Civil Code section 2884.4. 7. This court is the proper court because a,= a defendant entered Into the contract here. b.0 a defendant lived here when the contract was entered into. c. a defendant lives here now. d.® the contract was to be performed here. a. ] a defendant is a corporation or unincorporated association and its principal place of business is here. f. real property that is the subject of this action is located here, g.( other(specify): This is a Cross-complaint to a Complaint in an existing lawsuit filed in this county. 8. The following causes of action are attached and the statements above apply to each(each complaint must have one or more causes of action attached): Breach of Contract Q Common Counts Other(specify): Violation of Debt Collection Practices haws; 'violation of Right of Privacy 9. = Other: 10.PLAINTIFF PRAYS for judgment for costs of suit;for such relief as Is fair,just,and equitable,and for a. damages of:$according to proof,over$25,000 b.t interest on the damages (1) EE according to proof (2) M at the rate of percent per year from(date): c.EZ attomey's fees (1) of:$ (2) ( according to proof. d.M other(specify): Such other and further relief that the court deems just and proper. I tThe following paragraphs of this pleading are alleged on information and belief(specify paragraph numbers): Date: 10/213/2004 Stephen G. 2 erwall "K OFt PwN7 NAIL) tsicrK,r N'f tFF oa Arro�eri !f ou wish to ve this sad! eft a vertticlaft# sez.,c I .wy,, 1 COMPLAINT-Contract pw0202 www.ATFonr�s.cxMe f- ,z_Qa2 EXHIBIT J1, rr PAGEIOF� 1 ATTACHMENT TO CROSS COMPI.AZNT 2 3 4 Cross-complainant alleges as follows : 5 ' N ' L Ar,r,7GATTnNS 7 8 1 . Cross-complainant is an individual residing in Sacramento 9 County during the relevant time periods described herein. 10 11 2 . Crass--complainant is informed and believes and thereon 12 alleges as follows regarding the names and capacities of the Cross- 13 defendants : Cross-defendant Contra Costa County is a county 14 situated in California. 15 16 3 . Cross-complainant is ignorant of the true names and 17 capacities of the Cross-defendants sued herein as ROES 1 - 50 18 inclusive, and therefore sues said Cross-defendants by such 19 fictitious names pursuant to Code of Civil Procedure Section 474 . 20 Cross-complainant is informed and believes and thereon alleges that 21 said .fictitiously named Cross-defendants, whether individual, 22 partnership, corporation, or other form or entity were in some 23 manner responsible for the injuries and damages claimed by Cross- 24 complainant and such injuries and damages were proximately caused 25 by said Cross-defendants' conduct . 26 27 4 . Cross-complainant is informed and believes and thereon 28 alleges that the Cross-defendants, and each of them, in doing the 1 Attachment to Cross-complaint EXHIBIT `j Ly PAGEE I OF 1 acts alleged herein were the agents, employees, and servants of 2 each ether, and that, in doing the acts complained of, were acting 3 within the scope of such agency and employment . Cross-complainant 4 further alleges that the Crass-defendants, and each of them, have 5 adopted and ratified the acts of each of other, and that each of 6 the Crass-defendants is therefore responsible and liable for the 7 acts and conduct of each of the other Cross-defendants as herein 8 alleged. 9 10 FIRST CAUSE OF ACTION 11 (Violation of Debt Collection Practices Laws) 12 [Against All Cross-defendants) 13 14 5. Cross-complainant refers to and incorporates by such 15 reference the allegations contained elsewhere in this Cross- 16 complaint . 17 1s G . Cross-complainant is a consumer. Cross--defendant seeks 19 to collect a consumer debt that was incurred for personal, family, 20 or household purposes. 21 22 7 . Cross-defendant has taken actions attempting to collect 23 a debt. Cross--defendant is acting as a creditor and/or as a debt 24 collector. 25 26 8 . Cross-defendant 's actions in debt collection are governed 27 by debt collection practices laws that require certain conduct and 28 that prohibit other conduct . These debt collection practices laws 2 Attachment to Cross-complaint EXHIBIT "��q PAGELLO I are found in, among other places, the Rosenthal Fair Debt 2 Collection Practices Act (Civil Code Section 1788 et seq. ) . 3 4 9. Cross-defendant has committed multiple violations of 5 Cross-complainant's rights including the following: 6 a. threats in violation of Civil Code Section 1788 .10; 7 b. language and telephone practices in violation of Civil 8 Code Section 1788 . 11; 9 C. communications in violation of Civil Code Section 10 1788 . 12; 11 d. representations and misrepresentations in violation of 12 Civil Code Section 1788 . 13; 13 e . communications in violation of Civil Code Section 14 1788 . 1.4; 15 f . improper use of judicial proceedings in violation of 16 Civil Code Section 1788. 15; 17 g. simulation of legal process in violation of Civil Code 18 Section 1788 . 16; 19 h. misrepresenting itself to illegally obtain employment 20 information about Cross-complainant and Cross-complainant' s 21 husband; 22 i . illegally obtaining credit reports on Cross-complainant; 23 j . calling Cross-complainant and Cross-complainant 's spouse 24 after being told not to call; 25 k. filing a consumer debt collection case in the wrong 26 county; 27 1 . lying about delaying legal proceedings after Cross- 28 complainant ' s father and then husband died, and then moving forward 3 Attachment to Cross-complaint EXHIBIT PAGEfOF� I with the legal proceedings in violation of the promises not to; 2 M. sending notices that misrepresent the facts, the law, or 3 both; 4 n. communicating with Cross-complainant directly after being 5 informed that Cross-complainant is represented by legal counsel; 6 0. in other ways acting in violation of the letter and/or 7 the spirit of debt collection practices laws. 8 9 10 . Cross-complainant has been damaged and injured as a 10 proximate result of Cross--defendant 's conduct . Cross-complainant 11 is informed and believes, and thereon alleges, that Cross- 12 defendants actions were a contributing factor in the death of 13 Cross-complainant 's spouse, who had a heart condition and who was 14 repeatedly harassed by Cross-defendant shortly before Cross- 15 complainant 's spouse died. Cross-defendant negligently and/or 16 intentionally caused the infliction of emotional distress on Cross- 17 complainant by those actions. Cross-complainant seeks all general, 18 special, and compensatory damages allowed by law. Cross- 19 complainant seeks attorneys ' fees and court costs to the extent 20 recoverable pursuant to applicable law. 21 22 WHEREFORE, Cross-complainant prays for Judgment against Cross- 23 defendants, and each of them., as prayed for below. 24 / 25 / 26 / 27 / 28 / 4 Attachment to Cross-complaint EXHIBIT PAGE_.�OF_& 1 SECOND CAUSE OF ACTION ` 2 (Violation of Right of Privacy) 3 (Against All Cross-defendants) 4 5 11 . Cross-complainant refers to and incorporates by such 6 reference the allegations contained elsewhere in this Cross- 7 complaint . 8 9 12 . The actions by Cross-defendant as alleged above also 10 violated Cross-complainant 's constitutional right of privacy, by, 11 among other things, obtaining confidential personal and financial 12 information through false pretenses and misrepresentations. 13 14 13 . Cross-complainant has been damaged and injured as a 15 proximate result of Cross-defendant 's conduct. Cross-complainant 16 is informed and believes, and thereon alleges, that Cross- 17 defendant 's actions were a contributing factor in the death of 18 Cross-complainant 's spouse, who had a heart condition and who was 19 repeatedly harassed by Cross-defendant shortly before Cross- 20 complainant ' s spouse died. Cross-defendant negligently and/or 21 intentionally caused the infliction of emotional distress on Cross- 22 complainant by those actions. Cross-complainant seeks all general, 23 special, and compensatory damages allowed by law. Cross- 24 complainant seeks attorneys ' fees and court costs to the extent 25 recoverable pursuant to applicable law. 26 27 NHEREFoRE, Cross-complainant prays for ,judgment against Cross- 28 defendants, and each of them, as prayed for below. 5 Attachment to Cross--complaint EXHIBIT �r f f� pAGEI . 1 BRAVER FOR RELIEF 2 3 WHEREFORE, Cross-complainant prays for Judgment against Cross- 4 defendants, and each of them, as follows : 5 1 . For all general, special, and compensatory damages in a 6 sum according to proof at trial ; 7 2 . For punitive damages in an amount to be determined by the 8 trier of fact; 9 3 . For costs of suit incurred herein; 10 4 . For such reasonable attorneys' fees as are recoverable 11 according to applicable law; 12 S. For such other and further relief that the Court deems to 13 be just and proper. 14 15 xc.attachment.doc.wpd 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Attachment to Crass-complaint EXHIBIT ,° l '" PAGE 0IFe! RECEIVED LAW OFFICES OF STEPHEN G. OPPERWALL DEC 10 2004 4900 HOPYARD ROAD, SUITE 100 c PLEASANTON, CALIFORNIA 94588 CLERK SOAR (} St3ER`dI50Hs TELEPHONE (925) 417-0300 CONTRA COSTACO. FACSIMILE: 1925) 417-0301 E-MAIL Iawofcago@aol.com STEPHEN G. OPPERWALL SANTA CLARA COUNTY OFFICE; 5201 GREAT AMERICA PARKWAY, SUITE 320 CERTIFIED SPECIALIST!N CREDITORS RIGHTS SANTA CLARA, CALIFORNIA 95054 AMERICAN BOARD OF CERTIFICATION �j /� December 9, 2004 REPLY TO; PLEASANTON OFFICE Via Federal Express Clerk of the Board of Supervisors Contra Costa County County Administration Building, Room 106 651 Pine Street Martinez, CA 94553 RE: Claim by Gayle Longridge Dear Clerk: Enclosed please find the original and one copy of a Claim against the County. This law firm represents Gayle Longridge in the above referenced matter. Please file the Claim, and please return an endorsed-filed copy to me in the enclosed return envelope. If you have any questions, please do not hesitate to contact me . very t my yo rs, f fStep en G. 1 rwall Enclosures A ` CC : Client boardofsupervisors . ltr.wpd AMENDED -- CLAIM BOARD OF SUPERVISO tS OF CONTRA COSTA COUNTY ` BOARD ACTION.JANUARY 11, 2005 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: $20,000.00 ' CLAIMANT: RICHARD SCOTT WRICHT >_ ATTORNEY: UNKNOWN DATE RECEIVED: DECEMBER 15, 2004 868 HOLLY HILL DRIVE BY DELIVERY TO CLERK ON: DECEMBER 15, 2004 ADDRESS: WALNUT CREEK., CA 94596 BY MAIL POSTMARKED: DECEMBER 14, 2004 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. EET N erk DECEMBER 15 2004 . JOHN SWEE Dated: By: Deputy II. FkOM: County Counsel TO: Clerk of the Board of Supervisors ( `his claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ryw. no (Maim*s- imely filed. c ' (cher: ` O' t zL+V-fb A-4 u AAd e 10 Dated: Deputy Count ut 1 & De Counse � By: a Y 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: (l, This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK.,By , Deputy Clerk iz WARNING(Gov. code section 13) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposite, in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: / � w JOHN SWEETEN, CLERK.By Deputy Clerk OFFICE OF THE COUNTY COUNSEL �i �� .h� SILVANo B.MARCHESI COUNTY OF CONTRA COSTA COUNTY COUNSEL r 1` Administration Building SHARON L. ANDERSON 651 Pine Street, 91, Floor r s '` Martinez, California 94553-1229 CHIEF ASSISTANT GREGORY C.HARVEY (925) 335-1800 VALERIE J. RAIN V F (925) 646-1078 (fax) Assis�,aNTs STATUTORY WARNING PURSUANT TO GOVERNMENT CODE SECTION 911.3 TO: Richard Scott Wright 868 Holly Hill Drive Walnut Crek, CA 94596 RE: Claim of Richard Scott Wright Please Take Notice as Follows: The amended claim you presented to the Contra Costa County Board of Supervisors on December 14, 2004 was reviewed by County Counsel. The portion of the claim prior to June 4, 2004 was not presented within six months after the event or occurrence as required by law. Because you allege late discovery of the claim, the claim is "timely on its face" and will be reviewed and acted upon by the Board of Supervisors within the statutory time period. To preserve the rights of the County, its departments and employees to challenge the validity of your late discovery claim, you are warned pursuant to statute that if your delayed discovery argument is improper, your claim is late, and is being returned because it was not presented within six months after the event or occurrence as required by law. (See Gov. Code, §§ 941, 911.2.) Because the claim may not have been presented within the time allowed by law, we warn you that to preserve your right in the event your claim is determined to be late, your only recourse at this time is to apply without delay to the Contra Costa County Board of Supervisors for leave to present a late claim. (See Gov. Code, §§ 911.4 to 912.2, inclusive, and 946.6.) Under some circumstances, leave to present a late claim will be granted. (See Gov. Code, § 911.6.) Page 1 You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. SILVANO B. MARCHESI COUNTY COUNSEL 4 By. Moni a L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) 1 am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street, 9th Floor,Martinez,CA 94553-1229. Ori ` 'V I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice,it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws-o' f the State of California and the United States of America that the above is true and correct. Executed on t ` � °t � ;fat Martinez, California. Kathleen O'Connell cc: Clerk of the Board of Supervisors (original) Risk Management Page 2 BOARD OF SUPERVISORS OF CONTRA COSTA, COUNTY INSTRUCTIONS TCI CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Cade § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 fine Street, Martinez, CA, 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,, separate claims must be fled against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. rrrrrrrrSuess rrererrrsxrxvamps r1 RE; Claim Sy: Reserved for Clerk's filing stamp ) Against the County of Contra Costa or ) DEC1 6 24 ) District) {Fill in the name) ) n^ The undersigned claimant hereby makes claim against the County of Contra. Costa or the above-named district in the s=urs of 722and in support of this claim represents as follows: 1. When did the damage or injury occur` (Give exact date and hour) Z*J� i 8 Zcxo-i 2. Where did the damage or injury occur: (Include city and county) 6b'5 Qi1 W11 OAIVO' ,, WAuNvt" CjiZ6K I C:or4r4 t�*$M coclQry, c4a,Fea�tnc��'6 3. How did the damage or injury occur? (Give Full details, use extra paper if required) A CoJiArY 0F4-i,.4AL- Cot tC +. fl m5. S v:.4N►&. t3 A9A-5Y14Ve# M- Tf74 �u-Y t�ia� It.iv 6eso44A to ,4 biv+stoN talo Vt"Ano#4 or- CcOA'r'Y i,oW, `Itf_ s4r46 vgotci4�.. 'P e3Q Vk u. 4 1rVj%T�a cau 'cet.a�tu M.%. 424 ST to#4� � �rrti'4� i�f:vv .`Y ►ssu 4. that particular act or onnssion on the past of county or district of�icers, servants, or employees caused the injury or damage? pRej Uic,, 4NQ Neva ;max �3fi 4t*r 5 What are the names of county or district officers, servants, or employees causing the damage or injury? M iTc4 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimated atnount of any prospective injury or damage.) ,E-"vDtc.� ; 10-0co os Mm+L1 Crsi-rJL 10,0000 $. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME amassssssrrasrwarsanassaaasrrrxarssrraarrssrrxsrssraaasrsrirr■rassassasaarsameaaaaasai ) Gov. Code Sec. 910.2 provides"The claim sliall be )signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorm � Dame and address of Attorney ) - a (c-41aimanNS161#lffe) At. �' Ad dress) Qq-xs Telephone No. ___) Telephone No. Jim,cmk-2so,4 aaassWass Eta bass seat aaaausrsass mesa*rawaxrraaasaaaaaaaaaBus swoon*amass measrasmeaeggs I PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any Clair i tiled with the County under the Tort Claims Act, is subject to public disclosure ander the California. Public records Act. (Gov. Code, S§ 6500 et seq.) Furthermore, any attachments,addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. waarrssxwrsrarssaswwssrssrrssssrarsrraarrsssrsssswrsssrxrssrwrsrsrrrsarrsaaswrssaaaas NOTICE: .Section 72 of the Penal Cade provides: ,very person who,with intent to defraud,presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. a Public Wanks Department Mawricc M.SWU ftblic works irttrector 2S2475 Waterbird Way PatriciatR.McNamee county 14tutinez,CA 94553-145' 7 Deputy-Operations lNephone: (925)313-7000 Mach Avalon FAX; (925)313-7014 Deputy-Engineering April 18, 2002 Juta R.Bueren Deputy-1Yansportation Jacqueline S.James Chief of Administration Suzanne Armstrong 874 Holly Hili Drive Our File: 3009-06 Walnut Creek, CA 94596 APN 182-140-026 Clear Ms, Armstrong: It has been brought to our attention that a possible violation of the drainage ordinance exists on your property'located at 874 Holly Hill Drive. The violation involves the . construction of a fence in an established drainage easement. This has the potential of disturbing vegetation in the easement area and of impeding the free flow of water in the drainage way, which may lead to erosion and siltation. Division 1010 of the County ordinance code prohibits any person from committing any act within an easement dedicated for drainage purposes iinls,a written permit has first been obtained. You may be held responsible for.any damage resulting from this condition. ` You quid also be found in violation of Division 1,010 of the County Ordnancd Code. Pleasq.abate this condition as soon as possible or contact us by April 30, 20032;to discuss.tie> For drainage permit infoiirtation, please contact Bob.Hendry, Permit Technician, at 313- 1360, 651 bine Street North Wing 2"d Floor,.Martinez, California 94653. if you have any questions, please call me at (928) 313-7006. 'eery truly yours, Stan Matsumoto Senior Civil Engineer Maintenance Division sM.kd GiMatntti tr XM02104Armat n ow. S.�fight,Flood c;onbvl T.iia,Mainten TWO file- � . � w APR 2 2 Gcrlra Costa Cottrxy CCrttrgfAnd rva `crn J Contra Public Warks Department Public Maurice or shin Public Works Director Costa 255 Glacier Drive R.Mitch Avalon County- Martinez,CA 94553-4825 Deputy Director Telephone: (925)313-2000 Julia R.Bueren FAX: (925)313-2333 Deputy Director Patricia R.McNamee Deputy Director May 8, 2002 Suzanne Armstrong 874 Holly Hill Chive Walnut Creek CA 94596 File: 20-32-520, New development and Construction Permit Enforcement Dear Suzanne: The purpose of this letter is to summarize the issues regarding your recent fence installation, and the potential impacts on the natural creek area. In addition to the County Ordinance Code requirements, there are two regulatory agencies that may have jurisdiction in this case. I have not been able to reach an agreement with the San Francisco Regional Water Quality Control Board (SFRWQCB) in regard to your fence installation. You need to contact them directly regarding their requirements. This may, require you to obtain a permit from the SFRWQCB. I contacted Nicole Kozicki of the California Department of Fish and Game (DFG) and find disagreement with your statements regarding the wildlife corridor through your property. You indicated coyote, bobcats, mountain lions and deer are anticipated on your property. DFG feels that this is a wildlife corridor, and feels a '10-foot wide by 4- foot high opening in the fence is needed. I conveyed their concerns to the SFRWQCB. The SFRWQCB and DFG indicated a flap in the fence would not be acceptable for maintaining an adequate wildlife corridor. Although I contacted you well before the fence was installed and informed you of the need for permits, and outlined the applicable Ordinance Code requirements, you decided to install the fence anyway. The fence, as presently installed within the creek area, constitutes a violation of the County's Ordinance Code. The County considers this area a creek because it has a defined bed and bank along most of its length, showing the historical flow of water through this portion of the property. It is a seasonal creek, but still subject to the provisions of Title 10 of our Ordinance Code, requiring drainage permits and compliance with Stormwater Management and Discharge Control provisions. The following are requirements that need to be fulfilled to fence your property as proposed: 1. Remove the portion of the fence crossing the creek at the southerly end of your property near Holly Hill Drive and relocate the fence at least 10-feet from the creek, and outside of the Holly Hill Drive right-of-way. 2. Obtain any necessary SFRWQCB permits for existing and proposed, fencing in the vicinity of the creek. Suzanne Armstrong May 6, 2002 Page Two 3. If the SFRWQCB allows one or both fences to be constructed across the creek, then the fences shall have at least a 10-foot wide opening that is at least 4-feet high from ground (creek) area, as required by DPG. The opening shall not be covered in order to allow for unrestricted wildlife passage. 4. Obtain a drainage permit from the Application and Permit Center at 651 Pine Street, Martinez CA 94553 for any work within 10-feet of the creek (including existing fence). The permit shall only be granted if the fence location along the creek is shown to be at least 10-feet from the creek (a reduction to 6-feet may be allowed subject to hydrological and hydraulic information showing the maximum depth and width of the creek for a 10-year duration storm). 5. The applicant shall obtain an encroachment permit from the County for construction of any fence within the public road right of way of Holly Hill Drive. The right of way is presently 50-feet wide in this area. A survey may be needed to establish this right of way line. The County and the SFRWQCB may take necessary corrective action to address the drainage violations if the above requirements are not fulfilled in a reasonable amount of time. If you have any questions, please contact me at(925) 313-2259. Very truly yours, �e—Steven J. Wright Associate Civil Engineer County Clean Water Program SJW:sw:cjd G:\GrpData\FidCtMwright\874}-FOLLY HILL DRIVE\874 Holly Hill Dr 5-41-02 letter.doc cc: supervisor Gerber,District 3,309 Diablo Blvd.,Danville,CA 94526 D.Eckerson,Flood Control S.Matsumoto,Maintenance P.Detlens,Flood Control Cia Robles and Scott Wright,868 Holly Hill Drive,Walnut Creek CA 94596 Kathy Chiverton,309 Diablo Road,Danville CA 94526 Tina Low,San Francisco Regional Water{duality Control Board,1515 Clay Street,Suite 1400,Oakland CA 94512 Christine Boschen,SFRWQCB, 1515 Clay Street,Ste. 1400,Oakland,CA 94512 Nicole Kozicki,California Department of Fish and Game,P.O,Box 284, Moraga CA 94556 r—p0H&T Z. F . Friday, ,June 18, 2004 Scott. This letter is in response to your letter of June 10, 2004 to me. Please review the following: Per the survey you had done, • My wood fence is on my property line and not in the easement. s Two of the markers that were placed by the surveyors,one in the middle of my ' ' backyard and one in the middle of your driveway, show that our property lines a those points run,at 90 degree angles. Your driveway is curved across both of them leaving a triangle of your property in my backyard and a triangle of my property in your driveway. Mitch Avalon suggests we do a"Property Line Adjustment". • Your water meter is on my,property and it should be moved to the easement or o to your property. You can call EBMUD and they will move it for a fee,the amount of which depends upon how far away it is moved from its present % ` location. The easement that allows you access to your home is called an"easement by necessity" This easement is a private, not public, easement. The part of the easement that borders Holly Hill is owned by the Brands, and the part of the easement that borders your garage is owned by you. You are both responsible for insuring, maintaining and paying taxes on your respective portions of it. If you don't believe me, ask the County to pave it for you. The two wire fences that I had erected across the drainage ditch have now become a non--,s issue as, again ver Mach's suwstigp, I have installed a drainage pipe under bath that will allow t ewater ta rug freely and not dam up at the crossings. You,of course, are welcome to hook up to the pipe at our property border to fiirther prevent erosion on your prolerty. I really don't wish to have a running correspondence with you over the fencing of my <� property. As far as the County and I are concerned, this issue is dead. You need to focus elsewhere. 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