Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MINUTES - 01242005 - C8A
CLAD SUp,v'nxrl $,0 B 0AM_ .. SOR jov,CON][M.C OffA !QQLJNTY BOARDACTI0N4,.,,..:,0.z.. Claim Against the County, or District Governed by ) the Board of'SupervisorS.,Routing Endorsements, NOTICE TO CLAIMANT and:hoard Action All Sc ionreferences ax+�t+� The copy of this document mailed to you is your California uov rnment Codes. notice of the-action taken.on your claim by the Board of Supervisors. (Paragraph IV below),.given f' rsaut to Govenunent CodeSect*ori 913 and t 915.4. Please note all"Warnings". AMOUNT: $74q,8 1, 01 r F4 .. CLAIMANT: ME INY,O MQM,,,��IFF S DEPARTMENT" BY* DM z WCAS ATTORNEY, UNKNOWN DATE;DECEIVED: DECDf� DECRCE 19/05 ADDRESS: .�-.. S OUTH� ITY --.S+TREE., BY �+�w�����TO�r ww�� �f .. Box "S" +INDE ENb . 93526 f DECDSER '105 BY MAIL.,POSTMARKE FROM: Clerk of the Board of Supervisors TO: bounty Cdunse Attached is a copy flie above-noted claim. JOHN SW Usk: ECC . 1 � 200 Dated f . Ic �ty 11 . MOM. Count C ur sel C1erk o th� �r+ o ►upa ra Weo his claim complies substantially with Stonsct �o and 910.2. This Clam FAILS to comply substantially wits Sections 9 10 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 10.8). Claim is not timely tiled. The Clerk should return clam on ground that it was filed late and seed warning of claimant's right o apply for leave to present a late claim (Section 911.3). Other: Dated. .BDe ut �' Count Couns Ill. FRM; Clerk of the Board TOO County Counsel 1 County Administrator(2) Claim was returned;ned a untimely with notice to claimant (Sect-Ion 911.3). . ARD ER,* By unanimous nus vote of the Supervisors resent; } . This Claim is rejected in cul . Other. certify that this 'is a true and correct'copy of the<Board's Order entered in its minutes for this date, Dated-%k 4z-/eA JOHN SWEETEN, CLERK, � Deputy Clark WARNING w . code sec ion 9. 1 3 Subject to certain exceptions,you have only six months from the date this notice was personally served or deposite in the nail to file, a cow action'on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your cbo1cc 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 Mice. AFFIDAVIT of MAILING .t declare under,penalty of perjury that am now, and at all tires herein mentioned, have been a citizen of the United Mates, over a jac 1 ; and that today f d e os ited in the united s tags p ostal cr is . Martinez, California,postage dull prepaid a certified copy of this Board Order and Notice to Claimant addressed to the claimant as shown above. Dated) ^4� 4117 JO11N SWEETEN, CLERK By ;Ceuty Clerk r i nii rir i i i mus i i iimmol iiiiiii i ii iii ii iili�.iiiiiiiiiiiiiiiliiiiii ii l�IlilPii iiiiiuiliili l,ii�l l I ii I i. si.. � ilou • F 1 '1 This warning' dogs notapply to claims which are not subject to the.:. California Tart Claims Act,*such as actions in inverse condemnation, actions for specific relief such as mandamus , or injunction, or Federal Civil Rights clams �i . The list is not xhaustive and legal . couultation is essential to understand all the, separate limilaiions periods..that may apply.The limitations period w;thin which suit must be'filed may be 66rter or longer depending on the nature of the cairn. Cotisult1h ific. . statutes and cases applicable to Yo urparticula.r C aim, � � '' Contra C�►�ta d�►es not waive any of its rights under Calffbiti� Tart Claims Apt nor d+�es it waive rights under the statutes of limitations applicable to actions not subject to the CAlifbM, ia TortLL Claims Act. n RE t VEU On """fir. DEC 1 9- 2005 SCSih- '. eet CLERKR SUPERVISORS CONTRA COSTA WMA Ind epenaencii :"':' '`3 526 DAN LUCAS CA.S Sheriff ADMINISTRATIVE CENTER (7 0)878-0383 FAX(760)878-0389 Date 12113105 NORTHERN PATROL DIVISION BISHOP SUBSTATION Case# 05-10-010 301 Line St. Suite F Bishop,CA 93514Clerk (760)873-7887 of The hoard.Of Supervisors FAx(76(I)873_65I,5 �s�rs County Of Contra Costa BICC PINE SUBSTATION 651 Pine Street 180 N.Main St, Big fine,CA 93513 Martinez, CA 94553 (760)938=2359 (760)938-291' D .. Clerk of�`.� . curd SOUTHERNPATROL�vls �N of Supervisors: LONE PINE SUBSTATIONThe olc��ihclaim 210 N.Washington:St. Californis Nein presented C) You uauthority P 0.Box 31a Government Code Sect' Lane Pine,CA 93545 � 'r sion (Search and Rescue (760)8 76-5606 es). Your prompt attent1 FAX(760)876-5977 appreciated,' ` �11regardingthis matter will be INDEPENDENCE RESIDENT POST' 550 S.Clay St. 1Ct1� .� . P.O.Bax�`S- Stephen L. Tom Independence,CA 93526 A. (760)878-0395 aEl Cerrito eta-dive OLAN HA RESIDENT POST CA 94530 P.0.Box Olaneha,CA 93549 Dates of S&R (760)764-2313 1+ �'' },'' DEATH VALLEY PRESIDENT POST Area Of S o.Box 131 Mount Whitney Beath Valley,CA 92328 (760)786-2.238 e FAX(760)786-2217 utcrj. _DI an c�t�er alt e�sC1' nneL: SHOSHONE RESIDENT P Sgt. Randy Nixon $4964 P,0-Box 187 POST Shoshone,CA 92384 (760)852-4313 FAX(760)852-423I CUSTODY DIVISION INYO COUNTY JAIL 550 S.Clay St. P.0.Box ,S,, Independence,CA 93526 (760)878-0370 FAX(760)878-0404 S 5 INYO COUNTY SHERIFFS EPARTMENT 550 SOUTH CLAY STREET SAE # INDEPENDENCE,CA 9352 CRIME OR INC IC NT REPO I T - 05-10-0 C DATE J TIME REPORTED CSN-SIGHTDATE/TIME OCCURRED INVEST. AREA �410/03/2005 O10/03/2005 - 13 aTI E: 13CAT : 10/04/2005 TIME;; 120 � 491 CRIME CODE CODEISECTION DESCRIPTION CRIME CODE CODE/SECTION DESCRIPTION Search and Fescue Hiking fatality DOMESTIC TYPE FIREARM Q OTHER DANG. +/PN Q DV-INF El VICTIM/ MILD DOJ ELDER OFFICER GANG DRUG HATE PC 293 VIOLENCE WEAPON WITNESS ABUSE FORM ABUSE ASSAULT RELATED RELATED CRIME El'YES Q USED: KNIFE Q HANDS/FEET/ETC. Q D -PRIOR Q Q Q EJ Q Q Q Q Q , LOCATION OF OCCURRENCE NUMBER DIR STREET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE 0 LOCATION OF OCCURRENCE DESCRIPTION'' 0 Ice chute iust..east cflr fl Crest Mount Wh to CODE: V-V CTIMI BV-BUSINESS W-WITNESS C-CONTACT RP-REPORTING PARTY P-PARENT' SU-SUBJECT OI-OFFICER INVOLVED CODE: NAME(LAST,FIRST,MtDDLE)' RACE SEX AGE DATEOFBIRTHI ID NUIvBER AND TYPE' PHONE Tom, Stephen Leonard' 0 M 5 0 /C /' 86128254 COLE NUMBER DIR'' STREET NAME TYPE UNIT UNIT ID CITE' STATE ZIP CODE 6515 lta Vista DR El Cerrito CA 94530- _. EMPLOYER/SCHOOL/ADDRESS 1 ( K PHONE --f .... CODE: NAME(LAST,FIRST;MIDDLE) RACE SEX AGE DATE OF BIRTH ID'NUMBER AND TYPE,, PHONE .... P Rihar , CarC7" z NUMBER DtF: STREET'NAIVIE TYPE 11NtT UNIT'ID CITY : $- m STATE ZIP CODE EMPLOYER/SCHOOL/ADDRESS WORK PHONE S-SUSPECT IL-INVESTIGATIVE'LEAD BKD'CIT JUV CODE: NAME(LAST,FIRST,MIDDLE) RACE SEX AGE DATE OF BIRTH HEIGHT WEIGHT HAIR EYES Q NUMBER DIR STREET NAME TYPE UNIT UNIT'ID CITY STATE ZIP CODE BOOKING/CITATION# SS# DL#AND STATE HOME PHONE WORK PHONE EMPLOYER&ADDRESS/SCHOOL&GRADE/PLACE OF BIRTH/ADDITIONAL DESCRIPTION/AICA ADDITIONAL INFORMATION CONTINUED: 3KD CIT JUV CODE: NAME(LAST,FIRST,MIDDLE) RACE SEX' AGE DATE OF BIRTH HE16HT WEIGHTHAIR EYES 1"1"I Q � 0 NUMBER DIR STREET NAME TYPE UNIT UNIT IQ CITY STATE ZIP CODE BOOKING/CITATIONBOOKING/CITATION# SS# DL.#AND STATE HOME PHONE WORK PHONE EMPLOYER&ADDRESSISCHOOL&'GRADE/PLACE OF BIRTH/ADDITIONAL DESCRIPTION/AKA ADDITIONAL.INFORMATION CONTINUED:' SUSPECT VEHICLE ST LICENSE## COLOR YEAR MAKE MODEL STYLE ADDITIONAL INFORMATION < I!1i SYNOPSIS; On October 3, 2005 at around 1130 hours, victim Tori attempted to glissade down the Ice chute east of Trail Crest mein trail car Mount Whitney. � +� the Tom last control, accelerated and impacted boulders at the bottom of the 1100'+ slide. It appeared from his injuries that he died instantly. Recovery was completed on October 4, 2005 and his remains were turned Over to Deputy Coroner Frank at the trove Pine airport. TTS: AFS'� CAITv I;fCIC ® ENT SPS Q ENT SVs 0 EDIT �l1IM � E(T OTHEF� Q ENT 1:1Q CAN Q CAN Q CAN Q CAN AGENCY CAN BCST ENT Q Q CAN COPIES Q DET Q BPC) Q MLPD Q ADULT PROS. ❑ °DA`S t FFICE ADDITIONAL PAGES ATTACHER; Q ADDITIONAL NARRATIVE OTHER TO: Q INET Q KCSO Q CPS Q JUV. PROB. Q BRIEFING Q ADC}.NAMES/SUSPECTS Q ADDITIONAL PROPERTY COMPLAINT C LAINT REc�uEST Q CHP Q MCSO ROLE OTHER C()r�r [ DRUG INFLUENCE 0 P.C.DECLARATION Q VEHICLE REPORT REPORTING OFFICER: ID# APPROVED BY: Its# DATE: ASSIGNED TO: Sgt. R. Nixo. INYO SHERIFF CRMRPTI(R. I98)RG 5 O SOUTH CLAY STREET NY COUNTY :SHERIFFS DEPARTMENT CASE # INDEPENDENCE, CA 9352 ADDITIONAL NAMES (760)87$-0383 0:5-10-0 10 CODE: 5--1 - CODE: V-VICTIM B'-BUSINESS W-WITNESS C-CONTACT RP-REPORTING PARTY P-PARENT SU-SUBJECT QI- FFI''ER INVOLVED CODE: NAME(LAST,FIRST,MIDDLE) RACE 1 SEX AGE DINE OF BIRTH 10 NUMBER AND TYPE PHONE Rowland, ram W X11 75 06/26/19 (650) 344-4674 NUMBER DIRSTREET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE 1420 S Down RD H llsburr0 CA 94010_ EMPLOYER/SCH OL/A'DDRESS WORK'PHONE CGDE: NATE(L AST,'FIRST,MIDDLE) RACE SEX AGE DATE OF BIRTH ID NUMBER AND TYPE PHONE'' W Vonho.ff, Joh M (209) 325-6036 NUMBER DIR I STREET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE EMPLOYER/SCHOOLIADDRESS WORK PHO E Alameda u,ptyParamedic CODE: NAME(LAST,FIRST,MIDDLE), RACE t SEX AGE DATE OF BIRTH ID NUMBER'AND TYPE PHONE � Kramer, Mark w 4 -3248 NUMBER DIRI STREET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE Oakland CA EMPLOYER/SCHOOL/ADDRESS WORK PHONE z Mcn' 'C1 CODE: NAME(LAST,FIRST,MIDDLE)' RACE SEX AGE DATE OF BIRTH' ID NUMBER AND TYPE'' PHONE Kramer, James F. W M44 1/03/1960; 046470 4 CDL (650) - O NUMBER DIR I STREET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE 141 Wellesley C R Apt 305 Redwood City CA ".94062- EMPLOYER/SCHOOL/ADDRESS WORK PHONE CODE: NAME(LAST,FIRST,MIDDLE)', RACE SEDC AGE DATE OF BIRTH ID NUMBER AND TYPE PRONE Morehead, Mich M 45 02/29/1960 (707) 538-1098 NUMBER DIR I STREET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE 4836 Glencan.yon Salta Rosa CA 95495- EMPLOYER/SCHOOL/ADDRESS WORK PHONE'' CODE:S-SUSPECT IL-INVESTIGATIVE LEAD BKD CIT JUV! CODE: NAME(LAST,FIRST MIDDLE) RACE. SEX AGE'' DATE OF BIRTH HEIGHT WEIGHT HAIR EYE'S 111:1 El NUMBER DIR STREET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE BOOKING/CITATION# SS# DL#AND STATE HOME PHONE WORK PRONE EMPLOYER&ADDRESS/SCHOOL&GRADE/PLACE OF BIRTH/ADDITIONAL DESCRIPTION/AKA ADDITIONAL INFORMATION CONTINUED BKD CIT J U CODE. NAME(LAST,FIRST MIDDLE) SEX AGE MATE OF BIRTH HEIGHT WEIGHT' HAIR EYES NUMBER DIR STREET NAME TYPE UNIT KNIT ID CITY' STATE ZIP CODE �t1 BOOKING/CITATION# SS# DIL#AND STATE HOME PHONE WORK PHONE 0) M EMPLOYER&ADDRESS/SCHOOL&GRADE/PLACE OF BIRTH/ADDITIONAL DESCRIPTION/AKA 0 ADDITIONAL INFORMATION CONTINUED: BKD CIT JUV CODE'. NAME BLAST,FIRST MIDDLE) DACE SEDCGE IA E€ BIRTH F~€EICNT 1/1IEICI#T `' I-I,#IR EYES Q NUMBER DIR STREET''NAtIE TYKE UNIT UNIT ICS CITY STATE ZtF'CODE BOOKING/CITATION'# SS# CSL#AND STATE HOME PHONE WORK PHONE EMPLOYER&ADDRESS/SCHOOL&GRADE/PLACE OF BIRTH/ADDITIONAL DESCRIPTION/AKA ADDITIONAL INFORMATION CONTINUED: REPORTING OFFICERA ID R. Nixon 617 PAGE Inyc County Sheriff AddNames(R. /DO)RG E coCLSTSTREET COUNTY I INDEPENDENCE,CA 93528 SASE # ADDITIONAL NAVES (780)878-038305 -1 - 1 CODE: V-VICTIM BV-BUSINESS W-WITNESS C-CONTACT ISP-REPORTING PARTY P-PARENT )FF1 INV L/ED' CODE. NAME(LAST,FIRST,MIDDLES RACE' SEX AGE DATE OF BIRTTH ID NUMBER AND TYPE PHONE 1l' McEntee, M14-chael W M 44 07/01/1961 (650) 966-5282 NUMBER DIR STIE'ET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE 832 Running Mountain View CA 1 94040- EMPLOYER/SCHOOL/ADDRESS WORK PHONE CODE: NAME(LAST,FIRST,MIDDLE) RACE SEX AGE DATE OF BIRTH I 1D NUMBER AND TYPE PN4NE W Sanderson, Jake 1i11 �1 1 103/10/1974 A4501566 CDL (707)479-3342 NUMBER DIR STREET NAME ' TYPE'' UNIT UNIT ID CITY STATE ZIP CODE 3614 Sleepy Hollow DRBeata Ras CA434- E IPLOYER/ CHOOL/ADDR SS WORK PHONE CODE: NAME(LAST,'MIT,MIDDLE) DACE SEX A7 DATE IP BIRTH ID NUMBER ANDTYPE PHONE NUMBER DIR STREET I�JAME TYPE UNIT UNIT ID CITY ;TATE ZIP CODE ,.. EMPLOYER/SCHOOL/ADDRESS WORK PHONE m CODE: NAME(LAST,FIRST,MIDDLE) RACE SEX AGE }ATE OF BIRTH IDNUMBER'AND TYPE PHONE Cn NUMBER DIR STREET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE EMPLOYER/SCHOOL/ADDRESS WORK PHONE C 3CIE: NAME.(LAST,FIRST,MIDDLE) RACE SEX AGE DATE OF BIRTH' ID'NUMBER AND TYPE PHONE NUMBER DIR STREET NAME TYPE UNIT UNIT 1D CITY STATE ZIP CGDE EMPLOYER/SCHOOL/ADDRESS WORK PHONE E CODE:S-SUSPECT IL-INVESTIGATIVE LEAD BKD'CIT,UV CODE., NAME(LAST,FIRST MIDDLE) FACE SEX' XG7 DATE OF BIRTH ;.HEIGHT WEIGHTSHAIR EYE NUMBER DIF STREET NAME TYPE UNIT UNIT ID Ci TY STATE ZIP CGDE BOOKING/CITATION# SS# --[--DL#AND STATE HOME PHONE WORK'HON EMPLOYER&ADDRESS/SCHOOL&GRADE/PLACE''OF BIRTH/ADDITIONAL DESCRIPTION/AKA ADDITIONAL INFORMATION CONTINUED BKD CIT JUV CODE' NAME(LAST,FIRST MIDDLE) FACE SEX AGE DATE€'3F BIRTH HEIGHT WEJGHT HAIR EYES El El 0 NUMBER DIR STREET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE 1300KING/CITATION# SS# DL#AND STATEHf3ME PHONE WORK.PHONE .a i'1' EMPLOYER&ADDRESS/SCHOOL.&GRADE/PLACE OF BIRTH/ADDITIONAL DESCRIPTION/AKA ADDITIONAL INFORMATION CONTINUED:' BKD CIT JUV CODE; NAME(LAST,FIRST MIDDLE} RACE SEX AGE MATTE OF BIRTH HEIGHT" WEIGHT HAIR EYES 1:11:1 El NUMBER DIR STREET NAME TYPE UNIT UNIT ID CITY STATE ZIP CODE BOOKING/CITATION# SS# DL#AND STATE HOME PHONE WORK PHONE EMPLOYER&ADDRESS/SCHOOL&GRADE/PLACE OF BIRTHIADDITIONAL DESCRIPTION/AKA ADDITIONAL INFORMATION CONTINUED: F2EP(3RTING OFFICER' ID# Sgt. R. Nixon 7 PACE 3 Inyo County Sheriff AddNames( .04/00)RG s IN Yo COLINTY �� 'R FF� DE "T NT -CASE : ADDITIONAL NARRATIVE 05-10-010 Injuries. slid n estimated ' lu dawn hard icy slope of over degrees. H impacted large rocs t the bottom f ' return Torry � the run-out. on arrival I observed Ton's torso to be twisted andcontortedl with eras extended and legs slightly bent.It did nod aear that he had roved at all after corning tc rest. There vas a large amount of bleed i his facial area and the frontal portion of his skull was deformed. Evidence: We tock numerous photos of the victim and the scene. They are saved on CCS and will be retained in the SAR file for seven years. Details; On etober � � at ground ' doors eras notified there was a po sibly�injury on fount Whitr a r. Dispatch cave ry e the name of Dan Rishau . He told me that he received text message from a friend, Jake Sanderson. The message read, it `i not know an details about Sandersons trip, or I mO.K. but injured person below trail crest, call g . Rrshav sand he did o his companions. He said he was unable to determine the exact date and time that the message was sent. I tried calling Sanderson's Geis phone numerous times but i was unsuccessful. I contacted both the U.S. Forest Service and rational Park Service, Sequoia Kings. I learned there were no wilderness rangers in the area to investigate. I called CHP Fresno and asked if they could fly the area and look for a potential victim and they responded'. When they reached the gest they were unable to descend down the east side because of 50_60L knot winds blowing over the crest. They returned to Fresno. I learned that two Forest Service Wilderness rangers were leaving the Portal and enrc ute to Trail Camp: and they would investigate. I also paged out theIn, o SAR team and members responded. They�'began a Mice in with medical equipment and established a command post at the Whitney Portal trai head. At around 1430 forehead telephoned in after having:run down the trail until he obtained cellular service. He reported that a hirer head slid doyen the large ice chute below Trail Crest and was not r�ror�ir7g. He said that other hi ers mere gong to check the victim. At around 'I 53o hours I received information from Wilderness Ranger 42, that Vonhoff, an', Alameda County paramedic, had reached the vicLItim, and he determined'the'vic victim was deceased due to major trauma. I also learned that two other members.of thy;victim s pad had been located at outpost Carp. They mere Mark Kramer and pert Roland. Mill missing was Marr l ramer's cousin,Jin framer,who had been hiking with the victim Stephen Torn. At about 1630 hours Wilderness 42 located, ire Kramer near Trail Camp. He escorted hire duan the trail and was to pass hint on to another ranger who would see him,to Lone line. Kramer had not been with Tom when the accident occurred. The ranger spoke to witnesses who said that Tori had attempted to glissade the lair�e ice chute without having ars iceaxe orny gr th other egUip rent to self arrest. They said he lest control and impacted the rocks below. From the t ail ey could see that he was not mooring. In speaking with one of his hiking coo ar lar , pert Rowland,,,rland� Iearrr+et that Tom didnot have any experience in snow and ice conditions. On October 4,1 2005 I met CHP H-40 at Lone bine.Two SAR members assisted me by flying into the scene. We recovered Tom's remains at 30 hours and flew hien to the Lone Pine airport. Deputy Coroner Bob Frank took possession of the body at the airport. Interview JaMKrwamer: JanesKramer told rye that he and Steve Torn left their other companions at Outpost Camp and heeded for the summit of Mount Whitney. While on the 99 switchback they met up with Michael McEntee whoa they had reset the night before while carped at Outp st parr p.The three hirer together because Mike's girlfriend had one ahead towards the summit. They di Trot lire the; ice condiion�be orad the cables.They had seem orae subject glissade down tie large chute closer to Trail Crest and dr cussed the essibilit of Irssadin in order to sage time during the descent. When the three reached.Trail gest they p g rested and McEntee and Tom had enough of the ice conditions and wanted to descend from that point and not summit, Kramer tried to get darn to go With him to the summit but they decided to go doyen. He left and made the summit. dater that da duringhis descent he reached the ice chute and decided to glsaade down. Pie had a hard time during the glissade and did loose control near the bottom He tumbled and hit small'rocks but came o a stop without ma or ip ur . When he looked yup he saw Tom's body below frim on the lop . He became distressed and checked, but found that Tom was deceased. He became disoriented and wandered off. Ever tdall lie was found b Wilder•r e s 42 on a ledge above Trail Camp, REPORTING OFFEN !a PAGE Sgt. R. Nixon 61 lays Sheriff Add Narr(R.11/98)RG INYO COUNTY SHERIFF'S DEPARTUCNTCASE # ADDITIONAL NARRATIVE 05-10-010 Interv[ew.Mi haul McEntee: Michael McEntee met the Tom party on October 2, 2005 when they were camped together at Outpost Carp. On October 3. 200:5 he and his girlfriend Brenda left carp enroute to the summit. Brenda went on ahead and Stephen Torn and James Kramer caught up with Mike on the switchbacks. They did not have crampons, iceaxeor any protection. They carefully mar uvered along the icy trail from 'Trail Camp to Trail Crest. He said the trail was concerning, and both he and Tont deeded they did not want to continue to the summit. They did not want to have to descend the trail later, with daylight waning, and being tired from the climb. Kramer tried t� t t � e more, e hem to continue but they declined and separated at Trail Crest. They discussed glissading down from the switchbacks and which area would be the best. As he and Torn were descending the decided to dere the lar chute. T€ m toad trQ vlin oles ars ,� lie had a lamecrocden branch . They started down, Mike fiat. There was about sig inches of soft snow covering the ice on about,the upper- 4 of the chute. He said they had to make an effort to scoot down because of the friction'. As they got out of the soft snow and into more ice, they were able to Aide easier. Tern was on his brat with both pales extended under h is right armpit. He was, using thea as, a ruder and brae. like was using the branch, but going slower. Soon Tom began to speed up and he was unable to break with the poles. Mike said he was amazed how quickly Tom sped up and cif cif control. Tom slid, and he rolled over ontohis stomach, legs downhill,. and arms extended uphill. His walking poles were dragging behind him. He slid down the slope at ars extremelyhigh rate of speed. when he reached the bottom �l +ere the r � p urr out was Mile expected him to start to slow, but he kept sliding across the lower area and into some boulders. Mike said he could bear the impact and believes some of the rocks moved from the impact.Torn was laucnched an estimated twenty feet in the air and he carne to rest just beyond the rocks. Tom did not move;after sliding to a stop. M.1ke tried to slide down to Tem but he felt he was loos control of his slide also. l�il�e had a short class two ears ricer t Mount Shasta that taught snow and is skills. He remembered the "self �' y y e f arrest and used his branch to successfully step. He worked his gray off to the side of the chute and into some rocks. He called for help and a short time later two women descended the slope and rescued him. They climbed back to the trail and hied down from there. Other hikers worked their way down to Tom about an hour later. They received word that Tom had died. REPORTING OFFICER: #© PAG E 5 Sgt. R. Nixon617 Inyo Sheriff Add N rr(R11f98FRG �` �T� REFT S DEPARTMEN ADDITIONAL NARRATIVE - 0-010 COST Manpower Sgt. R. Nixon hrs ST @ 29-21 233.6 hrs t '@ 43.81 262.86 496.54 SAR.volunteers 8 X 2hrs 16 hrs 3 X 11 hrs 33 hrs. N/ J.S. Forest Service Rangers 2 X 12 hours Nle Air Support: Hl H-40 Fresno7 hrs lel Nle Mileage_ Unit#8147 252 miles @ .69 173.8 Unit#8127 126 miles @ .72 90.72 264.6 Meals: Sierra Cafe, Lore'bine 88.67 Misc. -0- Total $849.81 REPORTING OFFICER; Id# PAG. V Scat. R. Nixon 617 Inyo Sheriff Add Narr(R.11198)RG CLAIM, ]BOARD'OE NUCEflVINQRS' F CONTHA COSTA. COUNTS , OAR A TON � � Clain Against the County, or District Governedby ) the Board of Supervisors. Routs Endorsements*, ) NOVICE T CLAIMANT ' and Board Action. All Section references are o Th copy of this document:mailed to you is your California Government Codes. � notice of the.action taken on your claim y the Board of Supervisors. (Paragraph I below) iue NOTE* �I� � � �' � NTRA JPursuant o Government bode Section 913 and 915,4. Please note all"Warnings". 4 # .M t. NT: $100,0000:003 R 4 r µ g ATTORNEY- 1i 1�11i J.1 INJ ie DANIEL ROSE CLAIMANT. CA �`pp`��yy R rr rr.r DATE RECEIVED: �� DECEMBER 20 ZC�0S AI DERLI1� 1 FIN :LST I EMEADDRESS, Rfi K $� Y DELIVERY TO LEEK Off:DECEMBER 20, 2005 400 SOUTH EL AMIN i AL. TE 70 S� M E 94402 D DELIVERED BY MAIL POSTMARKED: D s FROM: Clerk of the Doard of� pervisors+ County Counsel. Attached is a copy o the above-noted claire. JOHN WEFT rk Dated: DECEMBER 20 2 Beputy By: I x ML County r counsel# ' '�: Cltrk cif tl�e Oaxd o�'�up �sors This Claim Co mplle s b ant ally filth Sections 1 and 10 . 'leis Claim FAILS o comply substantiallywith Sections 1 and 10.2, and We arc so notifying claimant, The Board cannot act for days (Section 10,S . Claim is not timely led. The Clerk should return claire on ground. that it was filed late and send warning of claimant's ri, htto apply for leave to present a late claim(Section 911.3). Other: • �' " ;^ Deputy Count +Coon; .Dated. �.. 111. FROM: Clerk of the hoard Til. County Counsel (1) County Administrator(2) Claire was returned as Untimely with notice to claimant(Section. 911.3). • IV". YLOARD ORDER: By unanimous vote of the Supervisors present; ( This Clain is rejected in.full. { Other. I certify that this is true and:correctrcd of the Board's Order entered in its minutes for this date. Dated; SWEETEN, e gut Clerk WAMING(Gov. code recti I3 Sub ect to certain exceptions, you have only sift (6) months from the date this notice was personally served or deposit in the mail to Dile a court action on this claim. See Government+Code Section 945.6. You may seek the advice of an attom ey of your choice in conn.ebtion with this utter. you giant to consult n attorney, you should do d immediately- *:dor Additional Warning See Reverse Side of This Notice. �x AFFIDAVIT 'MAILING I declare under penalty o: perjury that I am now, and at all times.herein.mentioned, have been a citizen of the United States, over 18; a .d that today I deposited in the United States Postal Service in Martinez, California, postage pull prepaid a eye ti fed COPY of this:hoard Order and Notice to Claimant, addressed to the claimant as shown above. • * � � aced. SWEETEN, CL LERK Deputy Clef k t k A els wmin � which are nt subject to the California Tort Claims Aas actions in inverse condemnation, actions for specific relied` such :s mandamus or injunction, r Federal Rights claims. The c�a lis is not exhaustiven ga l consultation is essential to understand all the separate • limitations periods that m l�p � � lttin. within winch suit must be filed may be shorter or longer dependingon the nature,of the claim. Consult ffie ei e statutes and cases applicable to your Particularelaim, i 'ale County of'Contra Costa does not waive any of its rights under California,T Clitim i Act no"r* does it waive rights under the- statutes of linutations applicable. t t actions not subject to the California Tort' Claims riot. . t t t •t a t k : .... -.. .. � ....: .'E .i.a... :SLY �.. ..... ....r.......i .: ...:: 3 ...::,..:..aa::a�.. .. .... .... ..... .... :.: ..... ,.... ._.. .. _ �-.. ..f^1 .... .sr... I d .. ......... .... ...4 ..i....i...i I...i. ...1 ...i ..il..a. a.i 3.. .3 c.. ... .... .la. .... .... .... ....(i.......r .........S......... .. .. .. ... .. , .. _ .> �_ � �. i'` I .,i ..� i i .i3 i ..i ...'I! ..i,. ..i ..i r.! 1....i,; clam gelatin S IR U C 1QUADIANI TIQ 8 t cause o action for death r :dor � r . jug son or to personal � wmg ��► hal � �t� propertyc�� not later than six months after the accrual actioaf, A cl � relat�n to �y offer cause o�'actin' ha11 be after presented not later �� on � e ac r� o the cause of act on, (Govi uod .2, B claims must be filed with the Clerk of the Board o Su • Countyd P r or at its office in Room 106, ineMartinez, CA 945 3. C. If claim is a • gamest a district oe�ed the ter �oI'.�u � ri� atne f the, t yrs, rather �� � dont , �, should be filled in Do If the -claim is against more than one public entity, separate cl public end n.ust be �lag nst each �. Emmd., Spenalty for fraudulent oma , Penal Code Seo. 72 at the end of this forrn. man***sea all ago**■.4..4r.6r ■rr8.mass rmousse RE: c aun ' Reserved forer ' �_s n1ing stani Daniel Rose A � � 0 E Zo05, A. District) CLER (Fi Ln the name �� ER IS S C01*6 71e undersigned cl aLmant hereby makes cine ditict ba the o + +_ County Centra Costa:or the above-name . ... and in support'of this claim represents as follows: L When did the � • or * LnJurY occur` (Give exact date and hour) Please see Exhibit A 2. ' 'hee did the damage or injury occur? (Include city and count y) San Ramon, Blackhawk Please gee Exhibit 3. How did the damage ornJ ~y occur? (Give Wdetails; use extra paler if required) P see xhib t 4. hat P act or ousson on the Part o county or district officers, sen ants c� caused the injury or damage.? r employees Please see Exhibit %at are the names of county or district off vers, servants, o da or ire# r employees causingthe J Please see Exhibit or = ur c aun re 7 (Give m, mt of mj ageC- 0 Yo I sulted 0 11 es or damages Wha:dam ,� c ' d. Mach two estimates for auto dam . Please see Exhibit 70 How was me amount claimed above cow u.eV (Include 'the estimated amount of an prospective injuq or damage.) Please see Exhibit MM6&and addresses of doctors, and hospitals: Please see Exhibit List thex nou s you mad account of� r ��: A;M D .Q.UNT Please see Exhibit s�rtr srs+ rsr rrs■rrsrrrsrM+�srr ss rs+ r0assess rsrs■sfsrsessrses■sets onarsrstrr`r1 Gov. Code Sec. 910.2 provides"'The claim shall b JS1g . + by the�cl car by some person ni be010haf T prne Name and address ofloon Attorney 01, Paul. J Smoot OF C1 ani's Signature) Anderlini, Finkelstein, in Istein, Emerick & Smoot, 400 South El Emerick Smoot Cam� South El Camino Real i u , an Mateo, + . 4 402 Suite 703' San Mateo, CA 9440 Telephone No. 650/348-01V bone No. 6 348."W01102 ir! rr rr' r 1 r rr 4:4'40406 ■r;rrrrr rrrarrr*rr044rr'$r46r 406rarsarfR*'or•r*'a r1 PUBLIC RECORDS 1 OTICE# Please b advised that this claim form,or any c aun hied with the Coungr under the Fort Claims.pct, is subject to W'40 disclosure under the California Public Records ,pct. Gov. 'Code, 6500 et seq.) Furthermore, any at achnieuts addenclums, or supplements attached to the claim form,, including medical records, are also subject to public disclosure s8sefxr salty r'rrr.a0isasuessfeTawss1#4ss6rrrso*Wf■rrrrrr'rrm asown Me*`Wrsaof4*1 NOTICE. Section 72 of the.genal 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, authorizeto allow r pay the sane genuine, ars false or 'raudulent cairn, �'i , ac��unt v�uc�er cr ori it , � pur�isbabie either by imprisonment n the "cuntja� for a period of not more than one year, by a erne of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and..'fine, or b imprisonment in the state prison, by a fine of not excee+ i e� thousand dollars ($10,000), Or by both such imprisonment and fire. Daniel Rose 5 3 2 Cypress Hawk Court, , CA 9'506 x`35-364 Respondents: 1. County of Contra Costa:hoard of Supervisors 2. County of Contra Costa Sheriff s Department . City of San Ramon 4. San Ramon Police Department Claimant presents this claim in conformity with California Government Code§§904,e seq. against the above public entities. CLAIAMOUNT` Exceeds the jurisdictional limits of Unlimited Jurisdiction Superior Court, i.e., $ oo,000+ LOCATION of VIOLATION 5332 Cypress Hawk Court, San Ramon, C FACTUAL BACKGROUND 0 - o-o Claimant Daniel Rose attended a"ruddy Night"event for the do 's swim teas at lac l aw a swim team dor which his three children swim.This vias a team event where alcohol was served as a fund raiser. laimant'arrived at the party at approximately 6:30 PM.Clain�axzt purchased and Consumed only one drink.that evening. Sabr n'a Hues, a friend of claimant's estranged wife, Diaiia Rose, saw him with a drink in hand al the event. At approximately 7:55 M, when claimant was leaving tie un raiser,Ms.,Hughes called claimant's estranged wife's cell phone and reported that claimant was leaving the party with the kids, and that he was "Rip Roaring Drunk.." Claimant arrived home, with his children at approximately 8:01 PM. Upon arrival, he instructed his children to go change into their pajamas. Claimant then had a two glasses of Grand Marnier to un ri d. Pae I of 5 At . ranged s father- n-1aw' f , Henry Sc ultzel and three other officers a p r inlaiman ' m [As of this filing, Respondents have refused to provide the identity of two officers, a San Damon Police Officer and a Deputy Sheriff of Contra Costa County.The two officers who have been identified are San Ramon Police Officer Echelmeier and Contra Costa County Deputy Sheriff Gray.] The Saiz Ranson police officer stated that Diana had let him 1.n, and he was there because a report had been made that claimant was drinking and driving with his three children in the car. The officer,directed claimant to gothe front of the house and did DUI testing.The officer asked-if calmant had anything to drink when claimant arrived dome, and claimant responded that he had.a few belts of Grand Mariner. The officer then asked to see the bottle of alcohol. Claimant walked the officer to the liquor drawer, but the bottle was gone. i tie officer said he didn't believe claimant and arrested claimant for DUL Because of the contentious custody battle, claimant told the officer lie Suspected lie was being set up and explained the circumstance to the officer and requested the officer search the house .t not time did the officer even seem the least bit concerned about claimant' three children and their safety and wellbeing, nor old he ever inquire, s confirmed i Diana dose's d posido��, That night claimant was booked on three counts of felony child endangerment and a DUI, bail was set at $300 000,and he was imprisoned in Martinez. Aft r claimant was able to post bail, he returned home,and to his surprise the Grand Harmer bottle was in the liquor drawer. Thep olice then made at claimant's Department nt of Motor Vehicle hearing,that a complete search of the house did not unthe Grand Hamner ottle from Which etc iniant clali��e�l to be drinking. Thean Rai-non police/Contra Mosta County Sheriff have either told the District Attorney's Pae L of 51 r have elected to conceal the information,b t,claimant continues to be charged based upon concealment of facts known to the police and their ccs-conspirators. According.ing to statements rade on -October 27, 2005, upon examinationnation of claimant's wife claimant's estranged wife and in-laws and thepolice/sheriff department co nealed estranged � the following g ��fdri- ati r� at the instruction and direction off'the p� i e/ heriff"s department: . After receivi gthe call claimant's estranged wife told her father, Henry Schultze], what Saler na Hughes lead said and then he called the police. Claimant's father-in-law, iny g possessionof this gird s information, celled 91.1 an the reported that clai���a��t was drivim y DUI with children in the car. . Pursuant to deposition testimony on from claimant's estranged wife,Dana, she and her father were instructed the Saiz Ramon police to meet them at the end of claimant's street, . Arriving in separate cars, they ret with the police at the end of claimant's street at approximately :30 M. The San Ramon police instructed claimant's estranged wife,Diana togo to the house and let them in so they could determine if claimant was intoxicated (In May 2005,claimant filed for divorce,he and Diana had become legally separated.The hoose they lived in is large, 7000 sq ft., so claimant moved out of the master smite and into the lower east wing separated from the main luring quarters of his estranged wife,an apartment se setting, such as an alp pair apartment.) The San Ramon police instructed Diana let them i this entrance to that part of the louse. . Diana,,Schultze ,and unknown San Ramon police officer and unknown Contra Costa County deputy sheriff searched claimant's home,and as she testified in her deposition, she and the officers did find the open bottle of Grad Mamier in claimant's liquordraw that night d� i� tl search. 'age 3 of 5 s .5. Claimant has made nunierous discovery requests through his defense counsel identifying the two Linknown officers,but claimants have refused to identify the unknown officers who were With D lana:Rose and.accompanied ger in discoverintine open bottle of Grand Ma ni r that was concealed, based upon officer Echeimeior's testimony. ISSUES AND CONCERNS Respondents invaded claimant's hone and privacy Based upon third-hand, hearsay infor B at on. Respondents conspired to illegally gain entrance to claimant's def acto apartment/"personal space" through someone, estranged spouse, without authority, real orostensible, eased upon the facts and circ instances. Respondents acted in violation ofthe law in that there existed nop ro able cause, no exigent circumstances, citizen's arrest, no citizen's arrest papers, or other cause than conspiring to deprive claimant of his rights as a citizen and a parent. Respondents never checkeon the children to determine the chiidrert's deree of well-bei ng. Respondent was arrested for felony child endangerment, yet, respondents failed to advise 11m of his rights.. Respondent was falsely arrested and imprisoned for felony chi'ld endangerment and drunk driving. Respondents' knowingly and intentionally and with mali e conspired to and did conceal the open Grand Marnierbottie,exct pator, evide-ice,and subsequently testified said bottle did loot exist to the prejudice of claimant and iris rights. Respondents' false testimony and concealment of exculpatory ry evidence,and false imprisonment has negativelv and detrinientally impacted claimant's driving privileges, worK en pio n� nt, iivi� circumstance at�d l as caused i� �� o �e 1�eid' in false 11,ght iii the,comnau ity subject to humiliation and derision. Page 4 of s Respondents' pattern and practice, through h training, stru on, �� ��� �� � �� c � � ermit authorizes and condones o ce i violate rightsguaranteed b t�� California ��d UnitedMates Constitutions,utions, r d did so with Claimant. Claimant's civil rights were violated under color of law by the City of San Ramon, Contra Cost � t the far o�-i o ice Department,Contra Costa Count Sheriff s Department and �, DistrictAttorney's Office. Officer Eche meier, SOR.P.f . Unknown officer, S.R.P. . Dep. Sher ff Gray, Contra Costa County Unknown Dep. Sheriff, Contra Costa Count Daniel Rose, Claimant Diana Rose, Claimant's estranged wife Henry Schultze:l, Claimant's father-in-law Sabryna Hughes Pae 5 of CLAIM 110 off`�11P5 wl � �T ARDA '� � 240 ! Claim,Against the County, or District Governed by the hoard 'Supervisors, Routing Endorsements, NOTICE TO CLAIMANT • � of this document mailed to +�u your and Board Action'. All Section references are to Th copy • notice of the-action taken on our clams by the California Government Codes, Board of Supervisors, (Paragraph Ib�elo , glen` ' r uant tot overnme t Code eet fln 1 and "Warnings' IFF�� �TCIE915.4. Please note all ". Nw AMOUNT: 100 000 CLAIMANT.- DANIEL ROSE . 4 DECEMBER 20, 2005 DAT PAUL J SMOOT E RECEIVED: ANDER: I nN FI F�KEirl'�1/TEIT DECEMBER 1�6 2005 .e ADDRESS. ICK SMOOT BYDELIVERY SLIVERY TC CLERK N, 400 SC UD LINO IZD , TE. 700 SAN DATED, C 94MAIL �'POSTMARKED: ED DELIVERED • BoaL I rd + rvisors T : County o ca ns FROM Clerk of the Attached i aCo of4he above-noted+ lai�, L. JOL11N SW DEC�EMB� 0, C 0 Ike ut Dated. ' T . �. WOWN Couxty�cnnel¢ ; LLL L �' ler�+ f t + ct a� `Sne Ysoa ( _Thts c aiM coni. lies subst� iai it Sectidns To and 91 ,2, • c ions 910 and 910.2 and eve are so netit'ying claimant. The { qhs C�lat�:PA.IT..� to comply substaxtal� ��th +� t hoard cannot act for 1 days(Section 91 . ). ' uld return.clai r�on round'that it was filed late a .d send wa�rnin of � C�la�n� �s not t��ely filed. "the C�ler�sho nnt's ri bt t+� a 1 or iea�ve io resent a late cl .im(Section 911.3). later y �' Other: - ... Deputy C� unty Counsel Dated: y • the Board O: Count Counsel(1 County A.dmini trator III. C C� erg of C�l ins was returned as a .ti:.�n.el with notice to claimant ectivn 911,3 . IV* t R�►PR unanimous vote off`t��e Sup r�risors present: 'This Claim is rejected in.full, 011ier. ' and.correct+ o f the Board's Order entered n its minutes for this date, I certt `y khat the a true s ire ut Clerk Dated: HN S�''�r�i'�'EN, C�LERK2 By p WARNING 'Ci v. code s ction 91 ) Subject to certain a ce' titin .ou have o l six months from the date this nC tice was personally served or deposited ih the mail to file a +curt action on this claim. See Government ode Se�tion 945,6, You may seek the advice of an +sur n i+e in connection witl this utter, I:f eau want to + onsuit an.attorney, you hould o �► ittorney o y inediatel . *For Alditi � l damn See Reverse Sid of This Notice. y A `FIDAVIT MAILING list nb� and at alt time herein mentioned,have been a citizen of the United I declare under penalty o f pe1j ury t , States over a e t ' and.that tod I de oite in th+ United States Postal ,service in Martinez, C�ali�ornia,postage fully g � y re '..aid a certified co of this Board Order and 3 otice to,Claimant, addressed to the claimant as shown above. p p py •V�ZW:�ETEN C LE K Delsuty C�lerl _crated, JCS W F His warm + # subs'e�ct to the Californiariot claims which are not ' � la � dict actions in inverse condemnation, . actions for specific relief such -s man car ' nett of , r FederalC*A1 Rights claims. The above list its not e hustiv e and legal consultation pis essential to a deist cl all the separate_ limitationseriods that may apply.1be limitations perio ;tninw which silt mu st be filed may be shorter or longer depending on the nature of the claim. Consult the SID801fic statutes and cases a ' 1i ble to your particular'e' la m. Thec `.dna Costa doesxctsae oaf its rights under California'.Fort Claims Acct nb`r does it. wai e rights .n er the- 'statutes of limitations applicable to actions not subject to the Califomt;a T. ft' tarns Act, t . ......... 4 .. s ........a. .. z.. a ..........f.....a..a........ ...........a..f..f:.a.:f;..B E C. B'... ... .....6� ..... .: `�:R':..# ra.. .......... ...................:....•:.s::::,:�,,.....::.::.;:;.:e:;;;:r.;:»;e.......................... x:€: :..::::: :.:::s araf:eix x :x;:».;:axe'.f;:..:,!::::r;t;;::e a.e;:x:.e#.:.. a:.s:e. :�.... :::::::s::w a x -... ...... . .:x. #E a:::€iso':....: .. ..... ........ ....e..fir.�.`�#. ..�. .....�°:.�#......".`°.:8�..�.':�........'�:r. x �.:` ............f............................... ....�.................................... ....::.:x......8'........�......................... ... .....-e#f:.''.�.�.::;��.:.."....::#�...f.......:............6................... .,.. . 1. YINZ, Al A clam re tie to a cause of action for death or for injury to person or to personal propertyOT gro wmcry notlater � � after the accrual of the cause o a t o l A claim relating to another cause of acorn shall be presented not later than one year afr the accrual of the cause of action, (Gov, Code 911,2.) Be Claims must be filed with the Clerk of the Board of.Supervisors at its ofce in Zoon 10 Cornu Administration Buildin651 Pine Street,Martinez, CA 94553.- C. If old Is agam' st 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 neu' bl1c entity, separate claims must be filed against each public entity, E. Foul See maty for fraudulent claim , Penal Code Sec. 72 at the+cud of this f ma. WOW �tr�s r r:rr r+r'w�•r�rrrrrsOWNS gasoline*ofassesesrre Claret y: Reserved for Glen's filing stamp Daniel Mose RE DIV e County of Contra Ccs or LDDEC fi. if k11111111111ID114 !I! �� strict o � oo o $U CONTRA � f �tb,e name). SORS � . The undersi.aned claimant hereby makes cls age thec u t of Contra cit car � above-named di trict the s�of 100,000+. and in suF ort df this clam represents as MOWS: 1. 'When did the a or injury occur? (Give exact&te and how Please see Exhibit A 2. 'W%ere did the damage or i .'u:r Occur? ('Include city and county) San Ramon, B .ackhaw . Please see Exhibit 3. Haw did the damage or i j ry occur` (Give fufl details; use extra paper if required) Please see Exhibit A 4, Wlat particular act or omission on the art of county or district officers senlants or e 1 P � �pio�ees caused the in ur or damage? Please see Exhibit A y�%at are the names of county or district officers, servants or employees ca.us' �.�.g the damage or injury? 'lease see Exhibit A 64 V&at dmage,or m unc o your claun resv t d (Give full c int of ffijuries, or damages claimed. Attach-two estimates for auto + rne. Please see Exhibit A `. How theamount claimed e0 mutd" (Include etated' amount of any s t m ur or damage.), Please see Exhibit . Natnes and addresses of Witnesses, doctors, and hospitals Please see Exhibit A . List the ex'Penditures you madeon account of this accident or m ur : IAS .M Pleasesee Exhibit A *as■omosessesssssars■*mesa rssswrsss•smovements musrrsrosssr■r■ssRansil rs of Gov. Code Sec. 910.2 provides "Theia`i shat. be signed by the.cl.4 At.or by some person on his OF behalf, I5EN � _(Attorney) Name and address of Attor e Paul i Mont Anderlinip Finkelstein, ant S Signature) Emerick Smoot tin lstein, Emerick & Smoot, 400 South El + o .no a 'San Mateo A 94402' u h i Camino Real Suite 700' 3 San Mateo, CA 9440 : S Telephone No. 650/348-0:10 0/348-0102 a*uugon000asr•sall i#tsssIng spleens ■e sufalwellewas asameagas$of#aIKI PUBLIC RECORDS NOTICE: Please be advised that this claim form,or any claim filed with the ou t),r under the Fort Claims Act is subject to Public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et se Furthermore an attachments, addendum s, or supplements attached to the claim form:, including m edical records, are also Subj+ec to aublio disclosure. ts.sss.Well ti.r•avoid 4In9a assss was In eggs orssrrsr'rson U :srt•sttr son u ■s'sr �r of 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, 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 ($1,000.00), or by both such imprisonment and fine, or by imprisonment rent in the .state pnson, by a fine of not exceeding ten thousand dollars ($i 0, 00 , or,by,both sue b'impri onment and fine. i Claimant: Daniel Rose. 5332 Cypress Hawk Court} San Ramon, CA 9450 (92x) 735-364 Respondents: I County of Contra Costa Beard of Supervisors . County of Contra Costa Sheriffs Department 3. City of San Damon 4. San Ramon Police Department rtment Claimant resets this claim in conformity with California Government Code §§ 904,etseq. against the above public entities. CLAIM .MOUNT, :exceeds the jurisdictional limits of Unlin�ite Jurisdiction Siper ior Court, i.e., $100,000+ LOCATION OF VIOLATION 5332 Cypress Hawk Court, San Ramon, CA FACTUAL BACKGROUND On6-20-05,Claimant Daniel Rose attended a".Buddy Night" event for the Hox.'s swi ni team at Blackha k,a swim team for which his three children swim. This was a team event where alcohol was served as a fund raiser. Claimant arrived at the party at approximately 6:30 PM...Claimantpurchased and const ped _ only one drink that evening. Sahr na Hu hes, a friend of claimant's estranged wife Dana Rose slaw him with a drink in hand at the event. At approximately 7.-55 PM, when claimant was leaving the fundraiser,Ms. Hughes called claimant's estranged,wife's cellphone and reported that claimant � p was leaving the party with the lids, and that he was "Rip Roaring Drunk." Claimant arrived home with his children at approximately 8:01 PM. Upon arrival he " 3 instructed his children to go change into their pajamas. Claimant then had a two glasses of Gmnd �Marnier to unwind. Pa, eIof At 8:30 PM claimant's estranged wife,a San Ramon police officer,claimant's father-in-lav, HenrySch ltzel, and three other officers came appeared in claimant's home. [As of this filing, Respondents,have refused to provide the identity of two officers, a San Ramon p o l ice Officer and a Deputy Sheriff of Contra CostaCounty,The two officers who have been identified are San Ramon Police Officer Echelmeier and Contra Costa County Deputy Sheriff Gray.]The San Ran on pol ice officer stated that Diana had let hire in, and he was there because a report had been made that claimant was drinking and driving with his three children in the car. The officer-directed claimant to go the front of the house and did.DUI testing. The officer asked if clai mant had anything to drink when claimant arrived home, and claimant responded that he had a few belts of Grand Mariner. The officer then asked to see the bottle ofalcohol. Claimant walled the officer to the liquor drawer, but.the e bottle was gone, The officer said he didn't believe claimant and arrested claimant for L . . Because of the contentious custody battle, claimant told the officer he Suspected lie was being set up and explained the circumstance to the officer and r qU sted the officer search the house. At not time did the officer even seen the least bit concerned about claimant's three children an their safety and well-being, nor did he ever inquire, as confirmed in Diana Rose's deposition. That night claimant was booked on three counts of felony child endangerment and a DUI, bail was set at $300,000, and he was imprisoned in Martinez. Aftr claimant was able to post bail, lie returned hone, and to his surprise the Grand Ma vier bottle was in the liquor drawer. The police then made statements at claimant's Department of Motor vehicle hearing that a co iple esearch.ofthehease did otuncovertheGral d Mari i&bottle from which clai iai tclaimed to be drinking. The San Ramon police/Contra Costa County Sheriff have either told the District attorney's Page 2 of office,or have elected to conceal the *information,but,claimant,continues to'be charged based upon concealment of facts known to the police and their co-conspirators. According r*ding t taement made on October be 7, 2005, upon examination of claimant's estranaed wife,claimant's estranged wife and in-laws and the police/sheriff s departinent.concealed the following information at the instruction and direction of the police/sheriff s department: ,after receiving the call claimant's estranged wife told her father, Henrych l zcl, what Sabryna Hughes had said, and then he called the police. Claimant's father-in-law, ill possession of this third hand information, called 911 and the reported that claimant was dr ivin DUI with children in the car. . Pursuant to deposition testimony from claimant's estranged wife,Diana, she and her father were instructed by the San Ramon police to meet them at the end of claimant's street. 3. Arriving in. separate cars, they met with the police at the end of claimant's street at appro .imately 8:30 PM. The San Ramon police instructed claimant's estranged wife,Diana, to go to the house and let them in so they could determine if claimant was intoxicated. 1 May 2005,claimant filed for divorce,he and Diana had become legal ly separated.The house they lived in is large, 7000 sq ft., so claimant moved out of the master suite acid into the lower east wing, separated from the main living civarters of his estranged wife,an.apartnietit setting, such as an au pair apartment,) The San Ramon police instructed Diana let theni iii this entrance to that pert of the house. 4. Diana,Schultzel,and unmown San Ramon police officer and�nknown onti Costa o my deputy sheriff searched claimant's home, and as she testified in her deposition, she acid the officers did find the open-bottle of Grand Harmer in claimant's liquor draw that night during the search. Pae 3. o : s 5 Claimant has made numerous discovery requests through his defense counsel identifying the two unknown officers,but claimants have refused to identify the unknown officers who were with Diana Rose and accompanied her in discovering the open bottle of Grand Mar g er that was concealed, based upon officer Echelmeier's testimony. UES 1 CONCERN Respondents, invaded claimant's bore and privacy based upon third-hand, hearsay informato1, espozdets conspired to illegally ail entrance to clai �at' defactopa-tmet'"prsola space" throuOi someone, estranged spouse, Without authority, real or ostensible, based UPOII tlIe facts and circumstances. Respondents acted in violation of the law in that there existed no probable cause,no exigent circumstances, no -citizen's arrest, no citizen's arrest papers, or other cause than conspiring to deprive claimant of his rights as a citizen and a parent. Respondents sever checked on the children to determi ae the children's degree ofwe]l-be l-ig Respondent was arrested for felony child endangerment, yet, responde�t �`a e� to advise him of his rights. Respondent t was falsely arrested and imprisoned for felony child endangerment and drunk driving Respondents' knowingly and intentionally and with i-nalice conspired to and did coiiceal the open Grand Marnier bottle,exculpatory evidence,and subsequently testified said battle did i-iot exist to the prejudice of claimant and his rights. Respondents' false testimony. and concealment of exculpatory evidence,and false imprisonment has negatively and detrimentally impacted clainiant's driving privileges, work/emp oyn-lent, living circumstance and..has caused him to be bold in false light in tiv comuiunity subject to humiliation and derision Page of 5 Respondents . atterr ct ce, lir a training, ins uot�or , direction and/or conduct, permits, authorizies and condones police,officers to violate rights guaranteed by the California an United States Constitutions, and did so with Claimant. Claimant's civil rights were violated under calor of law by the City of San Ramon, Contra Costa County, the San Ramon Police Department,.Contra Costa County Sheriff's Department gild District Attorney's Office. WITNESSUJ S. Officer Ecbelmeier, S.R.P.D. Unknown Officer, .R.P.D. Dep. Sheriff Gra ,,Contra Costa County Unknown Dep. Sheriff, Contra Costa Count Daniel Rose, Claimant Diana Rose, Claimant's estranged wife der �cl � It ei, Claimant's father-in-law Sarna Hughes Pae 5, of CLAINI BQAR__P 0F,SjjPE.R.V1.-,,O:RN F COL41M !90STA COUNTY BOA" M IAR""� A�CIION � � Clailn Against the County,nty, or District Governed by � the Board of Supervisors.,Routing Fndorsemen6, NOTICE TO CLAIMANT and Board Action. All Section references are toThe copy of this document mailed to you is your California Government Cedes, notice of the-action taken on your claim by the Board of Supervisors. (Paragraph IV below), giv Pursuant to Goverment Code Section 913 and T n 1 . Please note all "Warnings". s" MOUNT. $900,000000 # CLAIMANT: FPANCISCO DOMINGUEZ BK NO 200302691 ATTORNEY: UNKNOW DATE�,AECEIVED: DECREER 1 05 901 C STREn DECEMBER 21/05 BY2:DELIVERY TO CLERK- 0 MARTINEZ:,: CA 94553-1700 DECEMBER 19/05 Y MAIL POSTMARKED0,. FROM: l erk of tl eBoltr d df�d � suis. �" bounty Cuunse .ttached i a oYof tie le-��uted �. JOHN � mated, yj.... DECREE 1 200 .. Deput . �0 L C M; curt CcL Lun� e , :'�l+ r oi't� jo s of ane Tsars WIL ovloeih-sILLclaitt sctjons 1 .2 L 'l isC I al AILS tt� l' of l s bstantiall with Sections l o and910. , and�e are so notifyingL claimant, The Board cannot act for IL5.Ldays (Section I . ). MLLOLL4 ri C4-b� 1kf +'ti, el filed. . JL 10 011101911!�� t v etC6 her. wfr 6 '� t '�' i + /o Xg Dated, Deputy County Con. 111, FROM: CIL erk sof the Board `� CountCour sel t CountyAdministrator(2) CiaiM W returned as untimelyw th notice to clalM nt(SeCtioLn911 • t '. CP; unanicus rote of the Supervisors present; (00000 This Claim IS rejected in full. Other; certify that this Lis a true andL Correctcopy of the Board's Order entered in its minutes for this date, DaLted. '' � SWEETEN CLERK a ut erk l WR' Ie► . seg on Sub Ct to certain exceptions, you leave only six )months from the date this notice was personally served or depQs in the mil tOL ale a court action oar this Claim, See 'rov rnment Code Section 945.6. vu near seep the advice of an actor e�of your choice In Connection lth the n atter; If you want to consult an attorney, you should do so immediately. *r"nr Additional �arnin See Rev�rs�Slcle u�This I' duce. '+ MAILING ff AFFIDAV OF I declare under penalty o►t'per r that I am now, and at all times herein mentio nedL have been a citizen of the Unite tatea, over Sgt 1 , as d that today deposited in the United States Postal Service in Martinez, CallfoLrnia,postage fu l�rel�a'id a rtifled ev y Of this , oard girder ltd Notice to C lainimit, addressed to the claimant as shown alcove. Dated:L 011N 5WEE` ER, CLERK BLYDeputy Cj( i R � i i This warning* does not apply to claims which ars not subject to the Califom"a Tort Claims Act such as actions . � relief such inverse condemnation,� tone for, bl Rights mand mus r in u ton nr fi.F ed ral i l i` claims. The above list is not exhaustive and legal consultation is essential to understand all the separate lihitation6 pere ds that may apply. The limitations period r'thin which suit must be filed maybe shorter or longer depending the nature of the claim. Consult the $Poolflo statutes and,,cases applicableparticular iii.. The County of contra Costa does not waive ant hts underCaliforTort r a i�t,waive .. rights under the statutes ct .tr 1 t actions not subject, to the Califom—iht Tori Claims 'Act .. �•. f... sH�,zu.. �'. x...H 3, ......I, !I .,., I....I� ..:I .:3 .... ...,.�.... <.,... ..v.I.: ,...s�' :... ..:,,...,. �,....� .�. ..._ ,. �. .. .�, .h �[...,......i�..iIF...IH....N.....H.I;.N�....i........:.I,. #, ...`Iii- .., SLVNO B.MARCHEI OFFICE OF THE COUNTY COUNSEL. COUNTY COUNSEL COUNTY OF CONTRA COSTA Administration BuildingSHARON L.ANDERSON 651 Pine Street, 9th Floor .. HEF AsssTIrT Martinez, California 94553-1229 .v GREGORY C. HARVEY (925) 335-1800 � ������'a��1�� ��� �, � VALERIE J. RANCHE (9 25) 646-1078 fax . A ssisTA res STATUTORY WARNING PURSUANT TO GOVERNMENT CODE SECTION 911.3 TO: Francisco Dominguez Martinez Detention Facility Booking leo. 2003 .026991 901 Court Street Martinez, CA 94553 .P,; Claim of Francisco Dominguez Please Tale Notice as Follows: The claim youpresented to the Contra Costa County Board of Supervisors on December 19, 2005 was reviewed by County Counsel. The portion of the claim prior to June 19, 2005 was not presented within six months after the event or occurrence as required by law. Because you allege a continuing violation, 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 continuing g p violation claim,you are warned pursuant to statute that if your continuing violations argument is improper,y our clam.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 reserve our right in the evert your claim is determined to be late, your only recourse t this p y g time is to apply without delay to the Contra:Costa County Board of Supervisors for leave to present 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 1n connection with this matter. If you desire to consult an attorney,you should do so immediately. SIL T.ANO B. MARCHES COUNTY COUNSEL el lwea.",�, Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAI (Code Civ. Proc., §§ 101 , 1013 a, 015.5,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. Ibusiness address is Office of the County Counsel,651 Pine Street,9th Floor,Martinez, CA 94553-1229. � 'A ,I served a true copy of this Statutory Warning Pursuant to Government Cade S, n 911.3 by placing he document ent in a sealed envelope with postage thereon fully prepaid,in the United Mates mail at Martinez.,California addressed to Francisco t n in ez Martinez Set noon acility Bookina No. 20031"Q26921% 90 1, Court street Martinez CA 94553, as set fort.above. I ani readily familiar with Office of Counter Counsel's practice of collection and processing of correspondence for mailing. finder 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 Mate of California and the United.States of America that the above is true and correct. Executed on , � �" at Martinez, California. 41 Kathleen O'Connell cc: Clerk of the Beard-of Supervisors (original) Risk Management Page 2 ARD ofSUPERVISORS of� { �' COOUNT INSTRUCTIONS TO CLAIMANT to arson dr t� persona property or to a cause of action far death or for injury �+ A. claim rel months after the accrual � ` the cause ofgrocro shall be` presented not later that: sib. mo action. A • clam. relating to any other cause of action shall be presented not dater than one year after the accrual of the cause of action. (Gov. Code § 911.2.) t e filed with the Clerk of the Board of Supervisors ions at its office 1 . Room 106, B. � a�rns must CountyAdministration Building, 1 pine Street,Martinez, 945 3. C. i stirs rather than the County, the If claim is: against a district governed. by the Board o Supery name f the District should be filled""In. claims mut be filed against each D. If the claim is against more than one public entity, separate ''Public...ent.,ity. E. Fraud. Sed penalty for fraudulent claims,Venal Code pec. 72 at the end of this for .. ■a■■r■■■■s■■one■■■■■■■0■■8■■`■■s■■Susan■ ■sr RE: Claim By: Reserved f©rClerk's filing stamp r% EC FO EI_M t the Gaunt of Contra Costa carDEC ., .gams y SH6District) ISORS �.� ARD Of SU ERV co SRA COSTS . (Fill in the name) . unt of Contra Costa or the above-named The undersigned claimant hereby makes claim against the �t� 00�_ _and in support of this claim represents as follow: district� ::-n the sum.� '�� . 1. When did the damage�rinjury occurs (Give exact date and hour - 6v�n P:e b I Z 4) :: 47 2. • �' (Include city and county} Where did.the damage or injury occur -oe z CA 20 €` }I • Mwr- 3. How did the damage or injury occur? dive full details* use extra paper 3f required) ZOO f #.» . .. bein . . L C "rc employees ees 'lomission on the art of county or district officers, servants, or y 4. iat partxculax act or p caused the injury or damage? 5 What are the names of county or district officers servants, or employees causing the damage or injury �<Qjn lei :Full extent ` inures or damages tinge or injuries. do your claim resulted?�. ( claimed. two;estimates for auto damage.) (Include the estimated rnC�unt Of ny 7. Hows the aimount' claimed above computed. UA prospective -n uor damage.) �.P.Mo. t dVx 8 Karnes and addresses of witnesses doctors, and hospitals: 0-n e.::r . List the expenditures� ��.madeon account of thisaccident or in,�ury. � AT TIME 2N 0 N .M iaiT x ; t>. € u >, '. :. TV R., Pc N E EE;-D 0.,M sn■■sssswsMasao u■■■rss.rs .suss■■■air•r rwoman■■■ ■■u■■ssowns mass s■■rm■■■rmsu rssmanN■NN � Dov. bode Sec. 910.2 provides"The claim shall be } signed by e claimant or by some person on his }behalf," SEND NOVICES To: (Attorney) Name and address of.AttorneyMe at WIN 61 Cr PyO (Claimant's Signature) (Address) € $� Telephone 1�0. � �„ Telephone No. � r� L..:. r■r■ ■u®■r■r s'■rrssrr'=r�r■r ■■■s■■■■■�■�■�s■■u■s�ss■��sass■■■`sums■■■ ur■■u■s■�■rrsmrr■s� PUBLIC RECORDS NOTICE: • with the County under the Tort Maims pct, is subject to Please be advised that this claire form, or any claim filed public is disclosure under the California Public Records Act..(Gov. Code, � 650 et sed'-)) Furthermore, any attachments, adendu.rns,or supplements attached to the claim form including medical records, are also subject to public disclosure. Masao ■■uui■■s■smssssmss■r ■mass was SON sus■■suss■sussmson■■■u■rsuar■■u■su'■■10■r NOTICE Section 7.2,of the Penal Code provides: dor allowance or for payment anent tc� any state board or officer, or , Every person �u�rho, with intent�o defraud, presets �' • false or to any county, city, +� r district board or officer, authorized to allows pay the sane �f genuine, any • r writing, is punishable either by imprisonment in the County.fail for a fraudulent clan, bel , account voucher, o p a fine o not exceeding one thousand dollars ($1,000.00), car byboth such period of not more than one year, by g 'imprisonment in the state risen, y fine of not exceeding ten thousand dollars � imprisonment and fine, or by p p ($101,000), or by both such imprisonment and fine, kil.. � 4:....z I :11,I � A i OF w1ft. 1. .. ,� I ...., i`", - 1. , I I.A. 9 .:Ll� # ::„. .c ..... . . i;..e 12 1::: ` i� i D - .,. - , t -�;!:!.:�!-!-!-:.....C ;:7 ..:.... ,..;-:.;,- - -�-:-:-:.:.�..�.�.�..:.�.�.7.�;�.:.7.:..:...�.,-...............,,...:.::.:.:::...�.:...:-;.:...:.:.:.�-!-5.7.1.:.:..�!�:!!.�t.;...:!:���;.�����:����7���::*!�:�������7!���!;,�:�!�7; -�.!.:.:!�.:.�-:L�.!.:.!.!.!.!.!.,:;!;�.!,.!.!.,!�!�!;.;!;!;!;!I.;!:...k!,!;.;;rt.:,�Sb ASk ewthimil L r7,....,.........;-:,.;...:,,-:-:.; � .1 � # : .!!;;!?:1!�!-7.. ;F ,W!!-;.-1!1�.;.;;:!:.;.; .. ..!,;:;.� ::!�i..i.;!�iL�t.tLJE!b�.: : I � i� � � 4 � � � � . .I � �-, ”" .� .i�w. 0:gA & .. � 4 1p. I .... at .; � A O. H,� 4.,:��... 0!�... . ...;.;-;,...:.�.�.�.:.:.:.�.::Z.:.�-7-�-�-:-�-:-�.!...�-:-�.�-:...!,,...M.7,......:.......�.-:.......�-:-�-:-:-:-;-:-�-�-:-:-;.�.�.�.�.�.:.:.:.:.!....!.�...71u� -:r�r��7::5::�-��:�:�--r:;r r:;r r:::::::::�:-:�::r:�:rc:r!r I I r I `} ---.I %_# �,1� ,. . u:,. � � I I � I . .; � -- ... F . . gr � N; ,�� ,17" L ..........�,... I lk:r;� R ::::::....:,. . _. � H � .: : -11 ,,,,j'! ,11 I „ .. :, W L NO .. .... �' ... All .. 1.11 I .- 0� . ,!� I 1 P'. , oftit. . � -..� :. '” O., 10. - t ..,l C!, " '.� A � N.L. ��., j J:1� 0 .�,�� . 1p .�........�I .1 . . �'.I." '-- C........,:.; ;...�.�.�.�.�.:.�.�.:;!.:.!.�.�.�.r.�..;r.m...�...7.1-1...!....:...;.;.;.:.....;;,,.:...:.:-k.:.:.:-.:-:....m......................:.k,;.:.:-;-:.;[ -.:�-;.F-)ALLAWL � .. .- ppm ...�;.. ..' E.17" .-. . ,:i: , %e . I - '. �L".. �;.:,.:,,.w.:.m-m,.:,...c...m-m.7....;...;...:...:.......:.;.:...:,.......:,,...�.:.�.�.:.:.�.�.�.�.�..�.:.:.t.5.:.:.�.�.�.:.:.:.t...�-.!...... -.!-:.:-. �:C, ,t,A..L ,T;,1.,,,.R,U ril k-..- i ...;,.;.;.:.7.:.;,,...:,:.....:-�-:.:-�r:.::...:: . _.., .,: ..... .....;.:...:...:.:.:.�..�.:..�.�.�.�.�.�.�.t.�.�-:-�-:.......................7......;,-..........:...:...�,...-..-,...-:--.7.....�:...t......r:::,;.-f..:,-:.:,7-:-�...:...7-1-m-S.,...r. .:-:4......!;:-:;q;q-.r-...1;1;.;!�!:!;.;..;!;r:.�.:7�.:.�.:.:.�.:.:, . �� ��z ..i .1�i I 1�.. I I 11 � 1 H ...�.!�.........-:...;,-%.�...�.::...k-.-,........�.................,-:....:-:...:-:,.7-r,...�--,...�.-:-:......r........:........,...;,;...:...;...�.....�.k:.: �.......:..:.�...-�-.---�...:.....�......r..........:.....;r:.:.;.....:,-:.;-,-.:-.:...............�......-........:,,.....�.:,!�-qrm*�-...........:......�....r.....,.:...-:-�.:.....�.;-.,.:,,....:-...t..:.:.:...---.r....:.:.........�......;...;...�.........'':-�--':......:..........:.�-:--!---!........!.....:...�............r�...�-:,...;.:...�r�..�.�.:.��!.�.�.�.�.�.�.�.!.4...�,:,,...�.m...�.......t-.;-...:..........;-:,...:...�.:.:.;.�.;.�-�-�-�-:-:--:-�..�..I..;!.!.t............;........:.....M.,.....k,,...�-�-:-�-:-�-:-�-�-�-�.!.!.:.!.:.�.�.....�.........r....-,...;.:!:.:..��.�.:.:.:.:.�r�!:::.�-�-�.:.:.:.�.�.:.:.:.7.!.�.!.�.:.!.!.!..!.!...:.�....;..r..�.;.;.:..:..�.:.:.�.:.:.:.:.�r:r�:�.:.:..:.�.�.�.�.:.�.�.�.�--�::-!-�...!;-.....................:.....k...:...�...�.�....:-�--.....t.............:................ -......�....--.- . � 1.1 I � 1-- - : 6 ....v...m..;.:.;.;.;.;rk:k...--:,,.:...;-:-:.....:-:-�:�-�-t-�-;-�-;-:-:-�-:-�.!.:.�-:-:-:-�.!.:.�-:-�-�-�-� #1 1 i . 0 . a. I 11io .:, _ J z Ri I I A � 1 � 0 a# t s ,; .# .' t� � � °. #:, ., #::�g# €'? 5........ ...... ... .:. ..,..: .,..: i:: is_%:: ..:... :%:: .. :e ::.::. �„..`%€.`.. .... e#fig#' : ,, d'R# #i #% .:,... ..... ...:.9... ... -.....: .,...: :.: :. €' - ,` x ZZ. .. i Y.F .° : i. .: r.g R .€eX#!`: U. a .eE #:' .# I-A ... #a 3S. x' %€# i :E. .: .. a #z t 4 a Ali I 0 .!!!;.-�r.r.r;......;.;.;........,.- r� • qT #' :. :e::i :R T' .v"`i: f .o %�I.„Y :„, 'Y4'`NS'fie. !..,".., --:.:...:.� ........ % 41,-..,- .. .k-.!."!..".....!..".-I.�.�.;.:.:�.�.�.:r�.:.:.:.:.:.�.�.!r:.:.!.�.�.r.�.!.!.!.!-...-!.:...�-.--r;�.-;.;�.:�,�.���:��;r::����-�:�!���;���::��7 z���:�:�!---��-�:-.;r!r�r�- ......f-:...:.:,,,,......:,.......:-.............:--:-.:.* ,,,.;,,.:.:.:...�.:-:.-...;7 .: :r --�....�,...I...7-1--.��....:.�..............�..� . ;......r.............:......-,...�,:.:... >... � -;r.:;!:.„.:. -..!�� Lo. ..i #. �`.. .. I ;:4zz I f L .- .,,.-Izm� S I I I .,O..! 1 1� ,'m L,:%:� I ,, � 8 .� �jli p...! .,.�-.iw:�;:,;4, . I .. f I i ”, ." p. :�!". �-! � - - 3 �. g.� % .—v I € ,, -. 5 } q.,, i ..A:: �--.�.. :3 § .� 4 . .�_." -..,. ...�.jo - . ........ -...4. . , !!��- 1d: ...........�:.....;.................:--.;-:.:.;r;,;.:...k.;,�-:.......:.D...:,...;,.:.:.:.:-:.:-:.;.;,..D �......:.....;-.r-...;.;.:.:...:.....�:::�.:.�.�.�.:.:.�.:.:..:.�.�.:.�.m.....,,...��.�...!...:.....:................�...,...�.....:-%......-:.:-,�....�...-.'I�,.-,......:...:r.....�....................�...........:-:.. -.-oo�!...!-Z.....-,...�-j.....!.X�..!:! #..:.s.. ��.7% 3�.. .) r.I i -. ..!!!.�. ., -.1 I"gie" ` - ....... A W��!z!1; A..'-:1, ...:-�-:.:-;.......�.:.;.:.7.:.:.:.:.:.:.�.r.�.�.:.%.:!!!:",, 11 : � .g�'.,,.g�!"::: --.r-:7 ...'! !:r�-�ro---..,!:- .11 ,. .k-..-.i:� i I - ,,,, f:.!,,2,,.r.!,::.... =mS !!��'t".�r;- ;s...* `: ,- .. It INKr ....L.- 111�--,-- III; ... � €: -." '""L.1i. �-�! ,, #; . ,. !!!! #,..-.:,. H I U�:� it %#-it O V— ,,,,# r € � � E.L % #E' -�.. a I m i � -1 j I " � � � � ��, I i� € _. :. . g'. i #' ,",a:. € 1'. .... €. x'.. :_ # w. �-:-:-�.!.�.!.�-:-:-r-�.!.�.�.:.:.7.:.�-�::;..:.!...;!....-r:.....;.,:;,............. :�............ , ,� ##. .r !.:r�,. # #:. .- " ,. ....�.!.!.�.:.�.t.:.7.7;r.:..;�.7;!;r:.!!�.;��.�!�::.;!:...�.!,;rt!g.:!�.�,�::�.:!;r�.:!..�.;.�.�.�:.�.:.�.:.!.!.!.�r!.!.�.!.�.:!!.2.!.!.�r:.:.!.�.:.!.:.! ... ;:4;- __J: ��::�::;:.;:::r:::;:;:::::::��D�:�::::-- r�:r:., ..�7'.. 1' �' r,.....:..., : 4w .,: r !�,r�r�-.... .... .I- ir! r ii--)1`2�� # I I i 0 I 1.�. i € # `", �. � :..-,......%��..........-.:...,-:...�,,,-.......-:,�.:,....�.....:...-........:....��........-... 1'111 11 11 I � 1 1 ll o„: # . �' .,: #. 't 4” L Jt � I' # „ ;.: 3; .. ... w :. _ m.mx. � .. ..:. >.. .. r.., .. m?A !�; f ,€ !&� (N :. # ... a I ,...�. -03- --.. -.- -- � - . 1111�. 4 I �' ,- Of -,.....�---- , � ..� � :: :-.......... !, kL:. : r,:. I A;,,_�:;: ji ii�l. (", Li # .-J" p �I #.. + 1 � II '" , It I d., . II .. I I ,�ii,giqj;ji-A� rim" A f .1 i.,�::::. O��...I, .. ri .....� ; � I G-i ., ... 11111, �s .:. ...4.c�!..........:r�.:�:.D.,.�.:.�.:.!.;.�.:.:.;.:.�.:.:.:.�.�.;.�.�.�.:.t.:.�.�.�.:.t.t.:.:.t. "', " ..,. zii0l � .. . . .:,�� s . .., '... 111 . o�� .. �.!!!,."t�,...L.�"!!!�::.�.�.:.:.:.:.�.:.:.�.;"���.:.:.�K�-" ..�.--, ,.....�.... " .-..:.:.-.:.7.;..,...:.;:j!�.:!:�K.;.K........ -�.........- -�.--...�-........--......... 4. O., ...:...:.......-...............-�...:...:.:..r;...,...%.%...-..% �� - , � � -I ` � „.,. ,i-. ..-.......... ..........-i,,,,.,,..,., .......�......... - ......f � "a . ” ..�:,:._,...:.:-l...�.:.:.�.�.�..�.:..�.�..�.:.::�.::�-�.�.�...:.:.......:...-...:.�...: "i ':. :.� ..4:... ,L� .. .1� I »..,u ., ...- ..� ..L ...--.. " ...'. � 1,.,I I � �;� X� :� �' 1, 33333 3�:: .& ...... x .. .L.�.......�....::.............. .-I:!!I" } I.�:: :::� ;:�:���:�;:�: 2��:��: j L I .?I - . � 'r1 I�.� A TI J I p �. } " :: i .„#: .: :. #; .. € ir .,: #... ,„ 11' _... ..: - TTT .. .. ., .. #. ...... . x' :. k_J. #' # j , IL # x .: E. 4. "14 :: s .Y: ,,^ � .'. ...--L...-.!!.:.:...�.;......�.:.:.:.�,�..�..�'C'..�-....,..'r"�-�::..�- €..::' :� .., ,j: .., .: �:. [ a ,.:„ .. # ., ate' f I x e �# #, .,. r: 1111 I M # 3 #�.., ...� w ..: :' : . . r` #... 02k ' € # ,.. :: .. ”: c.: # # ........._. �#... # . ## �. .. L. #, jL ..•t. #. r . �.. ..:.... .. 0'. .. „... .. #. r .: # g ... ..,: , Ir" .3.......6e .... # .... V,L ...,: �. op L- ...:.......L...........:'�...L....�L....�.....�L.......L.....L......L......:-.....L...........L.....L�......--'%........L...'-[L--r....L...L L -L...%.%."-L, av,�...r'l. ---L""",,,",",,, A" L L....L.........r.................L......... L 1 1 I :.L.LL%.L:L L%'.L.-L'�-:'::..L.L.L ....�::.....:.�r:.....-:-;r: !!�c!!:�.............�........!!(..i-,.!!!.iP"V.'."'j.'!...ui.;q�::Cr�...-*-...: .. <, ;: il I. .. :.,# 'L........L...�........L.�......�.....�.....�!:.......L.L.L.L.L......:.:.:.L..........�.......�,,,....'..7.............-.L...7.f.......�...J..!,:i.�.....�...m,...,.�...�.......�...�...--7--�-7...�'-L';'Z-:.;.:- :: :: # 3 11 11 I � .11 � 1:� , � .. ,I. 1 I I . � � � I ^:: e: '"" ... ....."'"'110 .,.. x � . ::.� . �;;`ii, e .'::.... ^We. ;e "R Y :: 3, Y' �.:: :: . irq. #. iii - 9? .. _.._ .a�... �:.a a: r �::. agar.... ... .-":!:.:!;.:!;Z;:.�!::!:Z..�..--,.,�O,,--�P--, .. # w 11 . .. K : f � �iiJSol aar. r, a � N? ,� g y 3 N. I I GO a:. ..:e: r:. ,x.:. ....... :: ..... ..r v aa: r r , .. to Op � a ., r a,:.a.::.. ,..r.... ,:,r r ¢ .. ... .. r...:. r .. : ::: Alai I :' ...�!;:!:r::!.....! A—OnNqa.::a .. ;,, € ., .,xr :.:: .: ::: .::: I Ill ,:r::. . L ` R -- CARD of Sul IFw LN1Y • Claim Against he ' + AQARD ACTJONL4M!!�� un y, +fir District hoard� " Gove �+� wed b Supervisors, Routing Endorse �. d oars Action. All Section Endorsements, } NOTICE ct ou�refereoces are to O CLAIMANT C fi'fornta Gover ment � �h� � ��"this • Codes, p document mailed to'you s c notice of the-actio takes On your claim by flit Board and Y° o Supervisors, (Paragraplibelow .pursuant Government$ � t3 �ov Code Section913 an 915.4. P a e ri toO a 'arinsit AMOUNT: $948,19 k�p,k3O CLAIMANT p '. u .,L• o SEQUEL w-F' si'.r B ATTORNEY: UNKNOWN ,Tj3RE CEIVED S DEDlBER 22 0-5 A- ADDRESS, 4th ' C URTUSE BY DELIVERY TO C OFFICE. OF DISTRI LERK DECEMER 22/05 ArMMEY U MARTINEZ, CA 9455 BY M, IL Pose DECDMER 22/05 f FROM: Cie rk of the Boarduerscrs Attache ��# C��►u�ty Counsel a caper o the above- t ed claimOHNDated; DECE�ER22 . Perk , 00 e CO xtr coufis1 ei +C + rk of ward su eriaor,s ov�/This claim complies sub.tata W th.See This Claim . .ILS to comply S uoseta Board l With Sections 9 1 and i C. eawot air da (Section arty we are So not1fin claimant. The Claim, not t#lnely flied. File Clerk should return claimant's r.� o �! cia :� on rotted ��# was ate gyp 'for leave to present a late (Sectid date andend �trartit� octa�rr� ort , Otter; . ate Bye Deputy ty o nt COU, FROM: perk�. # � oa�rd • O County Coo - � C� air� w:a -et CoutAdministrator as untimely� tf note ( e to claimant S �tt�n911,3)0 0 . �. � u�ar �ous vote"his Ciao rejected to oft the upe"isors present. j cte�in.cult. Otter certify that this is a true and correct O � 'to. C�a�-d Ceder entered in its minutes.for this dal Dated:Vl�?W" e. ..... OHN SWEETEN CLERK, WAMR4Gs eput erk S . ect t . �► pct + cer tri except o a, oto art' ill the a onr six (6)months from t • tx�att to � e et�� aco �e date t�t�notice �.� :er attorn opt t�Is claim, See Cove rent � 1� a n y served or de u y of Your choice ill Con. estiCode Section 945.6. You mmediate o With t lis matter. . � t a seek the advice of r �`. *For Add�t�e►.ua ' "�In s to co�suit � attorneys You s,� See . ve rse fide o This Nor€ice �' �u c+� ��a 1.declare mac er a "FIDAVI O fat t of perJ urs a t� ,�� Mates, over a S a��d teat � �, and at aft tinea. ren mentioned,today I deposited n the U1�ited �� gave been a citizen of tt�e til lite(a ertik dCopyo States Postal Service ���e .t'tt� �Board girder atc��o . ice �� Martinez,, + aii�C�rnia t�ce t€� C�iai�� a� t, addressed ,pc�st� e fu o the claimant as shown above. e. .dated:v4dwe JIN RK SWEETEN, CLE By DeputyCif his wrnn ' does not anply to claims which are not subject to the California Tort Claims Act-such as action in inverse condemnation, actions for specific r lie " such as mandamus or or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the' separate �ithAlimitationslimitationsrodsmay apply,. within which spit must be filed may a shorter or longer depending on the nature of Consult the s e ific statutes and casesapplicable to Surparticular��cl im. The Cour of Contra. C oldoes rp t waive any o t" it .. rights under California`M)rt CI Act u 6'r' do' es it waive rights under the- statutes of linutations applicable to, actions not suet to the Califom- da Tort. Claims Aint r ;Y > " K .".. �r»."".. ... x...�,:'�'�l�E:,�"'':,,,,.�s��,:��.y..,.9..s'�:!*�?:�,r,,;��.:;'��f; .��pp.G7'i<..f`:x:Y'....E.f...:..E;:::i::=i......:..g.�'3�.::•�••.•.} ,�+ uOARD of SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating.to a.cause of action for' death or for � u to pegs o conal proper �* b 01rowing crops shall he presented not later than six meths after the accrual of tie cause o action. � � to any other cause of action shall be presented not later than orie year after the accrual of the cause of action. (Gov. Code § 91 1.2.) B. Clams must be filed with the C er c of the Board rrd of Supervisors at its office 'in Room 106, County Administration Building, . Pine Street,Martinez, CA 945 5 3). C. If claim is against a district governed by the Board of Supervisors, rater than the Count3r, the flame off'the District should be filled in. D. If the e aiin is against more than one public entity, separate claims must be filed against each pumic entity. E. Fraud. See penalty for Peau .0 e .t claims, Penal Cocke Sec. 72 at the end of this form.. ■*as*Kann■aauasaansW"omaaanoun was aman®a■aaa;nna4araxsuffue=.aaaat PEClaim By, Reserved for Clerk's Pilin sty DEC 2 2 2005 Agit the County of Contra Costa or CL 51111 0]01 N" A VIS COSTA CO Districts (Fill n the name The undersignea ciaimclams against the County of Contra Costa or the above-named district M the sum of$ W and in support of this cls represents as follows-.- 1. When did thea or nijur ?oecur`/ Ui( ve exact date rid hour ) e 2 . .; did the damage r dudecity deo ty) ow did:th. ale or 1.4`ur ec Give fall er ` ar act or omission ejp of o .i st e"S, servants e used i ry. or hat are the names of co or di t.*int ers,servant , 'loyees eaus g thl damage or raj ur . What damaae or m uries do yo ur cl .l�� re ulted` (61ve fall extent o m'J urs or damages claimed. tta,h two estimates damage. 2)C 'OU . .How was the al-no, t clauned above co pu ed? (hiclude the estfinated m-nou t of an prospective injur or dam .g . 106" 8. Names and addresses of wit ne ,doctors, and hospitals . List the expenditures you made on account of this accident or Mjury ATE TIME AMOUNT won Ran saws man a'cele°■awt■■nannanannnaall■annan'summoQlnllf'nnan lt®IInaaaannaaaallnall .Gov. Code Sec. 9,10.2 provides"The claim shall be signed by the claw. ,. •by some person on his behalf SEND NOTICES !0-0 Atto .ev Name and. address of Attorney (C1dZnan(/S. iPa1<)e IL IF (Address) 000) Telephone No Tele hoe:[ o. 7A nun oa':.aannaKnuan#amunnEalEaumausa-IIIIIIaatalL'IIa'mannxn ana■ama1k1III:nnuant 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 attact-unents, adden ums, or supplements attached to the claim form, including medical records, are also subject t public disclosure. Ilsanuns anasosonnansamasp ■aaa&Nu■.nas■anovas anun non anaa■amuan.uaasaa�Iaal oananamass ana$ NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for pa.gnent 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 hi the County jail'for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisolunent and fine, or b iniprisomnent in the stateci on b a fine of not exceeding ten thousand dollars 10,000), or by both such imprisonment and fine. RM Aw 1215 at '' Jab Num e , 7444 G C AUTOBODY License #'.AC20 .1Fra1l ID #:68027145 896 Lakeville Sto Petaluma, CA. 94952 (707) 762-7556 Fax. ('�07) 762 1 PRELIMINARY ESTIMATE Written By: DAN FLOE S Adjuster. PAUL SEQUEIRA Claim Address: 233 METZ T�1 ' Deductible-* P; TA LUMA t CA 94952Date of Loss.. Business: ( 25) 957-2220 Type of 'Loss Paint of Impact: 11.. Left Front Inspect G & C AUTB DY Business: 7 762-3556 Loc tion s 896 Lakeville St. Petaluma, CA 94952 Insurance Co any; Days to Repair 1994 IN I FI Q45 8-4.5L-FI 4D SED BLACK Int: VIM: JNXNGO 1T M 515 3 Lic. UV9 5 CA Brad Date: lametr. UNC Air Conditioning rear Defogger, Tilt Wheel Cruise Control Telescopic Wheel Intermittent Wipers C mate -Control Keyless Entry Theft Tinted Glass Body Side Moldings Dual Mirrors Electric Glass Sunroof 'Clea Coat :faint Power Steering Power Brakes Power Windows Power Locks Paver Driver Seat Power Passenger Seat Bawer Antenna Power Mirrors Power Tr nk/Ta lc a e AM Radio up FM Radio Steres Cassette Search/Seek Equalizer BOSS Radio Anti-Lock Brakes ( ) Driver lir Bach Passenger Air Ba Wheel Disc Brakes Positra,ction Leather Seats Bucket e s ne c�a Seats Automatic Transmission Overdrive ' Aluminum/Alloy W e :l i Mat M!P+MR SMR 4E 41�f MIR rR BMs,MM tlbi-: -a►n i l,�k i Y f/!lU�!F gliR!�}!w fiYt!pp+lei 1�rtM�!$IF i i w i::1p1�i�!x!54�AO�1�M iMk r�R il►i..iM�#Mt 115YM i 1/MM w Y'1�►i.f fllM+�I�►..i iUF#R�IIM sill/i*0 9 lop wo!►/YM#M Ms.Nq'*M-111114 MY MM NO. OP. DESCRIPTION QTY EXT. PRICE TABOR PAINT Mire>w+r:".w.i wr aalw qro i 11n r10 a11a1'.w+10'w i'.wr►i ars aro ass MM►arr'-i MM4 aMP11 Mfr a11►w w w 411.w w..w w ai.w�w art w Mri w a11,..w w wl w arw w M�1 w+r i w-w i w i a+w all+w.r1.'.w i.:.+�w.i+its i,rr alr rwl1.i M1i11 a11M a11At r 1 FRONTBUMPER 2* ;gypr BLi er coveX11 (SPot t Blend 110 . ..... rriwwMMa1. a.Millwwaa�lw+ 3* Add for dear Cant .1010 H front bumper .1 . 1 103 .71 Incl R I Lic n e racke . Rpr Color tint 0 .5 Su l Hazardous waste 1 1 , Re-01 Flex Additive 1 7'. W. 12/21/2005 at 04:29 PM Job Num)Der: 7444 PRELIMINARY ESTIMATE 1994 INFI Q5 8-4 .5L-FI 1 SBD BLACK Int ,m o.. ow,w ...r.awr ow-.ow-.w ow -m. ,. .» NO'* OP. DESCRIPTION QTY EXT.. PRICE LABOR PAINT IST ...»..» ,..ra.».. ... ,...... , ..........« ,.. ow 00^ .0 ww.«..... ow«.w.ar w Mo,.... ..r «.ow..... �.,...�.,..'...wr. ...o .. ...,.' .«w.«.... .... ... ......... . «...... ...,�..... 10# Rpr De-nib & Polish 0 .5 a w ao-.rww ft" aw.ww n.ww. ov wwrt a*~40*0 wa A* w..w ow.rw Aw.rr or..w.0 ..ws ..w, ~+rs..,wrr.ria..wwa«...,w.-wo a ...... Subtotals 121.66 5.2 3 .2 Parti 103 .71 Body, Labor c bo . hr $ 83 .00/hr 431.60 Paint Labor 3 .2 h s @ $ 83 .00/hr 265.60 Paint Supplies 3 .2 hr $ 5.00/hr 112.00 Sublet/Misc. 17 .95 .. . . . .. ... —___,wr_ .. ,r _ .wi...awa-OW w. ...� . .... ... ._. _low_ . ... ........ .. _ SUBTOTAL $ 930 .86 Bales T 223 .6 7 .7500% 17.33 ww►...:awr aaa ._ ws r,waa_<:.._..'ww.ww ._ ..�.__..w rwa... wr.rr.. «►:.:_.....�_ww_w�..wrr'_+r.:..+ww w.:wiw.r.�..r:w.e_.....:.wr.r GRAND TOTAL 948 .19 FOR YOUR PROTECTION CALIFORNIA. LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FSM ANY PERSON" WHO KNOWINGLY Y PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO PINES AND CONFINEMENT'' N STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAYBE USED T DESCRIBE WORK TOBE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR AB, BREVIATIONYMBC LS D-DISCONTINUED BART A=APPROXIMATE PRICE LABOR TYPES. B=BCD " LABOR D-DI GNOSTIC: E-ELECTRICAL F=FRAME G GLASS M MECHAN AL P= IN �LABOR S�STRUCTURA. L T--TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: A J=ADJAC ENT AL GN ALIGN A/M. AFTE MARKBT BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT ES' =ESTIMATE EXT. P ICS=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED CI BC=MISC.BLLANEO S NAGS=NATIO A ' AUTO GLASS SPECIFICATIONS NON-, J=NON ADJACENT / I=O'B'ERHAUL OP=OPERATION NCS=L I NE NUMBER QTY-- L NT I TY QUAL RECY=QUALITY RECYCLED YCL#B PART QUAL RE L UA T .REPLACEMENT PART COMP REPL ,PARTS.-COMPETITIVE REPLACEMENT PARTS P.,ECON =REC.COIF ION REFN=REFINISH REPL�REPLACE R I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT�SECTIC N SUBL=SUBLET T :LEFT W,�O W THOUT ft-iw , W -~WI"S"H SYMBOLSO O �=� ►� LINE NITRY *` C TBE E. MOTORS DATABASE INFORMATION WAS CHANGED] ** ATA ASB LINE WITH APTtR KB's N=-NOTES ATTACHED TO LINE. MQVRMANUFA . T, ERIS : QUALIFICA ION AND VALIDATION PROGRAM. OPT OEM=C}PaIGINAL EQUIPMENT MANUFAC:TURER. PARTS EITHER OPTIONALLY SOURCED C WITH BOMB' UNIQUE PRICING OR DISCOUNT. q 12/z 2005 at 04 -29M Jona Number: 7444 PRMININARY,ESTI, 1994 INTI Q45 --4.5L-AFI 4D SES LA K Int: Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide R. .5 Database Date 12/2005,. CCC Data Dat 12;x'2005, and the parts selected are 0EM-parts manufactured by the vehicles c rigin l Equipment Manufacturer. OEM parts are available t RIVe is a dealerships OPT OEM (Optional OEM) parte are OEM parts that may be provided by or through alternate: sources other than the E/Vehidle dealerships OPT OEM parts may reflect some specific., special. or unique pricing or discount. Asterisk {* or Double Asterisk indicates that the parts and/or laborn.formation 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 Ma. ufacturer aftermarket parts are 'descri e+d as AM, ual Reply Parts or Camp Re l Parts which stands for Competitive Replacement Parts Used parts are described ,as LKQ, Qual Recy Parte, RCS', or USED. Reconditioned parts are described as 'Recon. Reco re . parts are described as P.ecore. NAGS Part Numbers and Prices are provided by National. Auto glass Specifications, Inc Pound sign W items indicate manual entries Some 2006 vebic ,es contain miner changes from the previous year. For those vehicles, prier to receiving updated data from the vehicle manufacturer, labor and parts d.a.ta from the previous year may be used, The Pathways estimator hasa complete list of applicable` vehicles. Pasts nuImbers and prices should be confirmed with the local dealership. CCS Pat .ways A product of CCC Information Services Inc. ,12-/21/2.005 at 04 :29 PM Job Number* PRELIM NARY H.STIXATZ 1994 INPI Q45 8-4-5L-FI 4D SEDBLACK Int ALTERNATE PARTS USAGE AFTERMARKET PART Aftermarket Selection Method: Manually Lis Xo. of times user was notified that an Aftermarket part was No of Aftermarket parts that appear in the final estimate: 4 CLAIM COSTA COUNTY &QARROF.5UPERVISORS. OF CONTRA- BOAA 'E`I Claim ' + ount or District Governed ' � ; g�tnst the '� ' Routing Endorsenle��t , � � rl`i.�� �` CLAIMANTf the Board of Supervisors, references are to �'h �p +�f �.��document mailed to you � your aid Board:Action. All Section • . notice of the-action taken car �r arra �� California Goverment Codes. ►+�''ard of' u erscrs, (Paragraph IV below), v Pursuant t o c nt CodeSection 913 and L } 91...5.4. Please note all u ma. s x , - Ulm - . uZz ,.-.;. LJ AMOUNT: $2,266,*48 -P i-. -U 1%J1 E` 1 48, C 11 F1 LAMA CRYSTAL DISCAL DECEMBER 2.3/ti/5 UNKNOWN DAT E RECEIVED: ATTORNE $ • �SEA 5 BY DELFVER. T CLERK OST. DECEMBER 2.x/05 ADDRESS. 2055 N D PJEA ANT HILA, C. 94523 RECEIVED FROM RISI BY MAIL POSTMARW.1 ,TOO, County Counsel � A� FROM. Clerk of tile Board of ti, ervisors Attached is a o of the above-noted ars. .tta � ' r ae JOHNSWEETE DECRABER 2.3 2005.. ut I ated; ML VF ;�' ' II. MOK County Counsel '� , -ler of'tn6 d o �uerrl errs T ts lan onp lls uSL L L tatiall with tion JL0 and 9 10.2 his Claim FAILS to comp substantiallywith Sections 91 o and 9 t ,2 r and e , r Su notifyingclaimant. `I"��+� Of Board cannot act for 15 days (Section 910.8). ` Claim is not timely filed. The Clerk should return claim �� ground that it Was filed late and send acing of claimant's right to app 1 for leaveL to present a late claim (Section 911.3). Other Deputy County Cou. Dated. • CounselA.drninlstatr(2)tI �`ROM. Clerk of tl c Board TO: County � Claim was returned d as untimely with notice to claimant L(Section 911.3)0 IV. AOARD .DEBy 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. DL ated; �` JOHNL �'q_LTEN, CLERK, By V Dep uty Clerk ENG(Gov. code ec ion � Subject to certain ecept cin d Have onl sig months from the: .ate this notice was personally served or depos to file a co_ action o f this claim. See o erninent Code Sectlun 945.6, You may seek the advi a of an n the maid attor�e f dam'el c c i u �+ tic r ith this matter. If you wart to Consult a attorney, you should do so rr nediat+ l ' For'.Addittonal Warning See Reverse Side of This Notice. F AFFIDAVIT OF MAILING alt o ear°ur that I am now, and at all times herein mentioned, have been a citizen cif ttie T niter I declare u.n.der pen �' P . e.,l • a d that ludo cls c it d in the United States Postal Service in Martine California, postage f States, over age - y P a erli�ed Copy of this Board girder acid Notre to lalzf ,ai t, addressed to the clannal t as sliowu above. prepaid e p� Dated, J � �TEN, L.r , �. Deputy Ch a This warning, does not apply to claims which are not subject to the Californ"Ia Tort Claims Acct -such_as actions in inverse condemnation actions for specific relief such as mandamus or injunction, or Fed ral Civil Rights ' isexhaustive claims. 'the above list not �� legal consul tation is essential to understand all the se arate 14MR- -. sIat ors anode that may aTheintittio l , nperiod hick ' t be filed may shorter car longer wIthi �► sut must depending on the nature of the claim. Consult the SPOOlfic tatutes and cases applicable to your particular'claime Th e' County of Contra Costa dace not waive.any of its niahts under Call'&M' a"Tort Claims A t n'r' does it waive rights under the statutes of limitati applicable. :,, t actions not subject to the CalifoMiA, Tort Claims 'Act R YIN: ON "M i .:. ......6 ....:E:....a......x....:........a........ #.. ......... ...............:::....#......... --- :. RM::IT :#:..........: "!111111�;;:: OFFICE F THE COUNTY C I . 'ANo B.MARCHES COUNTY F CONTRA CESTA mm COUNTY COUNSEL Administration BuildingA SHARON L. ANDERSON 651 Pine Street, Stn Floor .. .. - CHEF ASSISTANT Martinez, California 94553-1229 , G REGORY C. HARVEY (925) 335-1800 VALERIE J. RANCHE ( ►25) 848-1078 (fax) AssISTANTs COLI NOTICE of INSUFFICIENCY AN,D/OR NON-ACCEPTANCE OF CLAIM To: Crystal Biscay 2055 Norse Drive, Apt. 1_ Pleasant Fill, CA 9452 RE: CLAIM OF: CRYSTAL BISCAY Please Tale Notice as Follows The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: I. The claim fails to state the name and post office address of the claimant. C2. The claire fails to state the post office address to which the person presenting the claim desires notices to be sent, [X] 3, The clam 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 names of the public employee(s) causing the injury, damage, or lass, if known. . The claire fails to state 'whether the amount claimed exceeds ten thousand dollars ( 10,000). If the claire totals less than ten thousand dollars ( 1 ,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.. . The claim is not signed by the claimant or by some person on his or her behalf. Crystal Biscay Re: Claim Page Two '. 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. . Other ILV.ANO B. MARCHE I COUNTY COUNSEL Lor fi' 60Z By. Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICEBY `IA.I:..,, (Code Civ. Proc., §§ 101.2, 1013a, 2015.5; v id. Code, §§ 641, 664) I ark 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 Januar I 0 2006, I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim byplacing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at I' artinez, California addressed to Crystal Biscay, 2055 Norse Drive, #15, :Pleasant Hill,, CA 94523, as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of o corres ��dence for mailing. . p _ under that practice, it would e deposited with the U.S. Postal Service o�� that same day witl 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 January 10, 2006, at Martinez, California. Kathleen O'Connell cc: Clerk of the Board of Supervisors (original) Risk Management Page ........... BOARD OF SUPER. E'SORSOW CONTRA COSTA COUNTY INSTRUCTIONS TO CLV1ANTAE tor y A. A claim reams t* to a cause of action for death or for injury to person or to personal propel 1 growing crops shall be resented 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. Claimsmust be filed with the Clerk of the Board of Supervisors at its office in Room 106, County I 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 befilled in. D. If the claim is against more than one public entity, separate claims must be Eed against each public entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. am Kan"Nownsax X*nnwa an*XON an as a a*to anaxonassawn nanxXonanninanownsw XRX*ffX2K an a no a I RE: Claim By: Reserved for Clerk's filing stamp J00% RECEIVED Against the Comity of Contra Costa or D EC 3 2005 D istrict) [00 CLERK BOARD OF SUPERVISORS (Fill in the name) CONTRA COSTA CO. The undersigned clan"nant hereby makes claim ag- au*ist the County of Contra Costa or the above-named district in the sum.of Llt and in support of this claim represents as follows: 0 L When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage car 1*-Aj*ury occur.? (Give fall details-,use extra paper if required) 4.' What'particular act or omission on the part of county or district officers, servants, or employees caused the m* j*ury or damage? q, ;VICNA 5 What are the names of county or district officers, servants, or employees causing the damage or'injury.? .......... ........... .......... 6. What "damage. or ffijuries do your claim resulted? (Give full extent of ffijuries or damages clairned. Attach tWo estimates for auto damage.) . 7. How was theamomit claimed above computed.? (Include the estfinated amount of any prospective ,mury or damage..) 0 r,A 8. Names and addresses of witnesses, doctors, and hospitals: UXII�-E,11 9. List fie expenditures yon.made on account of this accident or M* Jury: DATE TINE AMOUNT am 19 in X 111111111 IN a MR onexameanxx*xnno a ago UK a a nan**at ) Gov. Code Sec. 910.2 provides "The claim shall be )signed by the cl or by some person on his behalf" SEND NOTICES TO:,. (Attomey� Name and address of Attorney (Cl ir*'s Signature) (Address) Telephone No.. Telephone No. a aft.a a ossmannu a Sam a a a an a a a a a a a Silvana am a*a*Witunwassaman as***no a mounnanawn so a X a awn a a 841111 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 attach encs,addendums, or supplements attached to the claim fonn, including medical records, are also subject to public disclosure. a summumanuxniBunnnns among a wassunigal NOTICE: Section 72 of the Penal Code provides: Every person who,with int entlo de; au 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 ftaudulOnt clams, bill, account voucher, or writhing, is punishable either by imprisonment in the County jaii tor 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 impri"Som-nent and fine. 8+Vx" G00% ;n �- C2h�ess cz� aVtd �t�v�� c� UYA k1�e- 0��� (12r +��P� M sw1� lcn��S ti� �o nrsll late, 81VO� Qatla;�rv� lai� , and e�C ° u�'c,. Date: 12112186 11:37 A.11 Estimate 10. 3787 Estimate Version: Preliminary Profile ID: PACIFIC VIC BODY WTV PACI ORKS 760 SAN PABLO AVENUE PIN L.E,CA 94564 S1 0)724-848 Fax: (51 0)724-61732 BAR M AA116196 EPA#: CAD98144894 Damage Assessed : CLAY KUNT Deductible: UNKNOWN Owner CRYSTAL BISCAY ' Address: 16401 SAM PABLO AVE SP 129 SAN PABLC,CA 94808 Telephone: Work Phone: (928)6294249 Home Phone: (925)429-253 Mitchell Service: 910101 Description: 1997Saturn SC2 Vehicle Production Gate: 3197 Body Style-, 20 Cpe Drive T eit z 1.9L 1nj 4 Cyl VIN: IGSZ I270V 32 27:5 License: 3VOT 05 CA Options: ALUMIAL L Y WHEELS,AIR CONDITIONING,P'O'SER STEERING,POWER WINi OWS -POWER DOOR LOCKS,S,TILT STEERING WHEEL CRUISE,CONTROL.,ELECTRIC DEFOGGER E AUTOMATIC TRANS MISSION,AM-FM STEREC�IC13PL. YER(SINGLE) ALL CRASH PARTS ON THIS ESTIMATE ARE "NEW" ORIGINAL EQUIPMNT M)kNUF CT RER PARTS, UNLESS OTHERWISE SPECIFIED. PAR' S -DESCRIBED REC'"'RCMED, REC RE , REDG%NUFACTURED OR RECONDITIONED ARE CONSIDERED "REBUILT" PARTS. CRASH PARTS DESCRIBEDAS "QUALITY REPLACEMENT PART ARE NON—ORIGINAL E UI b1ENT bOM '"A T R: R AFTE 24ARK. T NEW PARTS* Line Entry Labor Line Item Part Type/ Dollar bor -Item -Number-Type Operation 'Description Part Nu ber Amount20--A Its 1 000012 B Y REM VEIII STALL FRT BUMPER ASSY 2 900034 BOY REMOVEIINSTALL R f RT COMBINATION N MP 000147" BOY REPAIR R'FENDER PANEL Existing 1.0'�# AUTO REF REFINISH R.FENDER OUTSIDE B C Z6 000149 BOY I EM VE INSTALL R FENDER EMBLEM Existing 0.2*# 1100281 BOY REM VE REPLA E WHEEL 21013039 268.83 0.3 900690 BDY** ALIGN FF T SI SP Sublet 69.95 Q,B 8 000667' BOY l EM VEIINSTALL R FRT DOOR OUTER PANEL. 0.9 ## 000671 BOY REPAIR R;,FRT`DOOR REPAIR PANEL. Existing 2, * 8 ALTO REF REFI IISI�I R FRT DOOR UT IDE C .0 11 000681 BOY RE OVE#INSTALL. R FRT OTR BELT MOULDING INC 12 000893 BOY REM VEIINSTALL R FRT DEAR VIEW MIRROR INC 13 001402 BOY REPAIR R QUARTER PANEL Existing 1.8* 14 AUTO REF REFINISH I R QUARTER PANEL OUTSIDE 1.9' 16 801126 BOY REIN OVEII ST`AL,L R REAR COMBINATION LAMP 913 16 001152 BOY REMOVEIINSTALL. REAR BUMPER COVER 0A 17 001155 BOY REPAIR REAR BUMPER COVER Existing I,Q* 18 AUTO RBF REFINISH REAR BUMPER COVER C 2.6 ESTIMATE RECALL;NUMBER: 1211218'611:37:87 3787 tlitraMate Is a Trademark of Mitchell International Mitc ell Tata Version: NO 8 Copyright(C)19942003 I to ref International Page 1 of 2 UItraMate Version: 5.0.212 All Rights Reserved late. 12M 210611:37 AM -F tImat@`l 378 Estimate Version: 0` Preliminary Profile ID: PACIFIC 19 636012 ADDL COST HAZARDOUS WASTE DISPOSAL 6.00 -20 AAJT REQ` ADMOPR, CLEARCOAT 2.3 21 933017 REF ADITL OPR COLOR SAND&BUFF 1.6* 22 $=IS RIEF AD 't.OPR MASK FOR OVERSPRAY 5.00 0.2 23 AUTO AWL COST PAINT MATE IAL 33 .0l "* udg men lte Labor Note Applies IncludedIn Clear Coat Cali Add`I Labor sublet 1. Labor Subtotals Unite Rate Amount Amount Totals Il. Part Replacement Summary Amount Sod 1 Y9►.3 $9.00 0.00 $9.95 71'1.6 Taxable Parts Refinish 12.9 69.00 5-000 0.00 396.10 Sales Tac @ 8.250% 22.13 Non-Taxable tabor 1',606.76 Total Replacement Parts Amount 291.01 Labor Summary 22.2 1,606.7 Ill. Additional Cosmo Amount Ill. Adjustments Amount Taxable Costs lx.bo 'Customer Responsibility 0.0 Sales Tait @ 8.250% 27.72 Non-Taxable Coate 6.0 Total Additional Costa 368.72 1. Total Labor: 116116,75 Total Replacement Parte, 291.101 �. Total AdditionalCosts: 368.72 Gross Total. 20266-48 IV. Total Adjustments. '0.11t1 Net Total: , .448 Thi I a -re [MIP fe ti a e. Add tl2nal ghanaes to e,eUt Mate m be ire for the actual reRair. ESTIMATE k ALL NUMBER: 12/12105 11:37*60 ` 378 UltraMate is a Trademark of Mitchell International Mitchell Data Version: A Copyright( 1994 w 2003 Mitchell International Page 2 of 2 l ramate 'ersl w, 6.0.212 All Rights Reserved