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HomeMy WebLinkAboutMINUTES - 11012005 - C.17 k CLAIM OARD OF SugERVISQR61 OE CONTRA COSTA COUNTY BES AC L4 Claim Against the County, or District Governed by } the Board of Supervisors,RoutingEndorsements, ) NOTICE TO CLAIMANT and Hoard Action. All Section references are to The copy of this document mailed to:you is your California Government Codes. }' notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below),given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $11000,000.00 SEP 2 7- 2111005 CLAIMANT: NORMA JEAN WAT ATTORNEY: 'DAN SIEOEL :DATE RECEIVED: SEPT. 27, 2005 ADDRESS: 499 14th STREET #220 BY DELIVERY TO CLERK,.ON: SEPT. 27, 2005 OAKLAND, CA 9461.2 BY MAIL POSTMARKED: HAND BY FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy of the above'-noted clam, Dated: SEPTEMBER 27, 2005 . JOHN SW EE k Ey. Deputy H. 0M. County Counsel. Tf3:'Clerk'of the'Board of She isors (+ his claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS'to comply substantially with Sections 910 and 910.2,and we are so notifying claimant. Tho Board cannot act for 15 days (Section 910.8). mu,\nef.�- ( Clairnatt€melt'filed, ou re a a e c atm ec (Other: d ur' UCn,-�- ► � t°' � t�a # �"'' a�rn�P Dated: By: !' Deputy County Couns( III. FROM: Clerk of the Beard TO: County Counsel(1) County Administrator(2) ( } Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER.: By unanimous vote of the Supervisors present: ( f` This Claim is rejected i in full. O Other: I certify that this is a true and correct'copy of the Board's Order entered in its minutes for this date. Dated: IV0410rJOHN SWEETEN, CLERK,By , Deputy>Clerk WARNING(Gov. code section 913) Subject to certain'exceptions,you have only six(6)months from the date this notice was personally served or deposite in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. ' AFFIDAVIT OF MAILING". I declare under penalty ofperjuury that I arm now, and at all times herein mentioned, have been:a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez,California,postage full prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. DatadAO-0 P" ,,r JC�IHN SWEETEN,CLERK By Deputy',Clerk OFFICE OF THE COUNTY COUNSEL SILVANO B.MARCHE5I «_ COUNTY COUNSEL COUNTY OF CONTRA COSTA Administration Bu'tiding SHARON L. ANDERSON 651 Pine Street,9'h Floor '" CHIEF ASSISTANT Martinez, California 94553-1229 *° g• z f/ m t 6 GREGORY C.HARVEY (925) 335-1800 Z VALERIE J. RANCHE (925) 646-1078.(fax) �¢ :� �� '� m , x" AssISTANTs � 'oo STATUTORY WARNING PURSUANT TO GOVERNMENT CODE SECTION 911.3 TO: Dan Siegel 499 14'hStreet, #220 Oakland, CA 94612 RE: Claim of Norma Jean Labat Please Take Notice as Follows: The claim you presented to the Contra Costa County Board of Supervisors on September 27, 2005 was reviewed by County Counsel. The portion of the claim prior to March27, 2005 was not presented within six months after the event or occurrence as required by law. Because you allege late discovery of the claim, the claim is "timely on its face"and will be reviewed and acted upon by the Board of Supervisors within the statutory time period. To preserve the rights of the County, its departments and employees to challenge the validity of your late discovery claim, you are warned pursuant to statute that if your delayed discovery argument is improper, your claim is late, and is being returned because it was not presented within six months after the event or occurrence as required by law. (See Gov. Code, §§ 901, 911.2.) Because the claim may not have been presented within the time allowed by law, we warn you that to preserve your right in the event your claire is determined to be late, your only recourse at this time is to apply without delay to the Contra Costa County Board of Supervisors for leave to present a late claim. (See Gov. Code, §§ 911.4 to 912.2, inclusive, and 946.6.) Under some circumstances, leave to present a late claim will be granted. (See Gov. Code, § 911.6.) Page 1 You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney,you should do so immediately. SILVANO B. MARCHESI COUNTY COUNSEL By; Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ.Proc., §§ 1012, 1013x,2015.5;Evid. Code, §§ 641, 664) 1 am a resident of the State of California,over the age of eighteen years, and not a party to the within action. My M&6:, ness address is Office the County Counsel,651 Pine Street,9th Floor,Martinez,CA 94553-1229. On :,1 served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid,in the United States mail at Martinez,;California addressed as set forth above. I ani readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S.Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws t`)the State of California and the United States of America that the above is true and correct. Executed on � `� , at Martinez, California. Ka(Wen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 BOARD OF SUER'" ISORS OF COMRA" CO TA COUNTY A. A claim relaft to a cause of action for death or for injury to ,penvn or to personal property or growing dolts shall be presented not later than six months after the<accrual of the cause of action. A claim relating to any other cause of action shall be presented rtct later fi= one year after the accrual of the cause of action. (Gov. Code §9l i.2.) B, Claims muss: be filed'with the Clergy; of the Board of Supendsors at its office in Room. 106, County Adinintistration Building,651 Fide Stet,Martinez, CA 94553. , If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in, D. If the claita is again st more than. one public enidty, separate claims must be filed agauzst each public entity. E. Fraud= See penalty for fraudulent claims.Penal,Code Sec. 71 at the end of tws form. a*It asaaagoat*aaa*boxvto to**I Rea*atW&a*$A#aaaIas*II U, Claim By Resen ed for Clerks thing sip NORMA JEAN LABAT ECEIVED Again..st the County of Contra Costa or SEP2 7 2005 Dis'ti ict) CLERK BOAR OF SUPERVISORS ('Fill in the name) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Crista or the above-named district in the sun of 1 ,000,000.00 and in su port of this claim represents as follows: L When dial the damage or injury occur? (Gi-re exact date and hoiu) Surgery occurred on Dec . 8, 2004, Discovered problem on or about June 24, 2005 when doctor indicated that new surgery would be needed. 2. VAlere did the damage or injury c►c,=? (IntMe city and oo ty) Martinez , Contra Costa County 3, blow did the damage or in�ury occur? (£i-ve full details;use extra paper if requixed) I had full left hip replacement surgery. This left me in tremendous Pains and with a longer left leg, bulged discs in my back etc. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Failure to warn of risks of ; surgery, then the procedure left me with a leg 1 1/'4 inch longer than the other. present I believe that the surgery was not properly done . At 5 What are the names of aunty or distfct officers,sen ants,or employees Causing the daIxia e car in ' g ury;� Dr . °Louay Toma, MD, and others to be determined through discovery . 6, Miat damase or injuries do our claim resulted? Olive full extent of in l uia or damages claimed.. Attach two estimates for auto damage,) Left leg is 1 1/4 inch longer than the other causing a severe limp . Back disc bulges which cause pain and pains in both knees. My hip, knees and back are always in pain now. 7. Ijow was the amount clabned above computed? (Include the estimated amount of any prosPeCivOinjUrYOrd'muage.) I believe that I will need additional surgery to correct the various problems and will need physical therapy and living assistance . 8; haloes and addresses of witnesses.doctors, and hospitals: Dr . Louay Toma, MD, Contra Costa Health Services , Contra Costa Regional Medical Center , Dr . David Wren Jr . , MD. 9. List the expenditures you mads on account ofthis accident or injury; To be determined . Some paid by County . lilrraa>#ra!$•R.taf#sat'r#$ser$#ra$'+!$aa$r#'araNr9llMrrldariAlr$.Yrrt##.$$.#'Y$#rf3#�1r�tlYrwe2moot Gov. Code Sec, 910.2 provides"The claim shall be siped by the claimant or by some person on his behalf." SEND hLO CBS TOL Name and address of Attorney Dan : Si:egal Attorney at law (Cl�tiz s t}S' igtatuxe) 499 , 14th St #220 4522 Potrero Avenue Oakland , Ca, 94612 (address) Richmond , Ca. 94804 Telephone No. , )Telephone:N'o. (510)529-0675 0s060000■6l0810ras!`rss■ ■naxre$aert $*$Rossasks rsa$ PUBLIC-RECORDS NOTICE; Please be advised that this clairn form, or any claim filed with the County under the Tort Clahiis Aci; is subject to public disclosure under the Califbmia.Public. Records Act. (Uow. Code,; 9§ 6500 et sect.) Furthegnore any attachments addenduni.s,or supplements attached to the claim form. including medical records,are also sUbJJect to public disclosure, tow Ain at a sea**mass met she astasom*2 V soon same stem men***$I a a a law*a aaaaaj NOTICE. Section 72 of the Penal Code provides; l eery person who, with intez t to defraud. presents for allowance or for Ise. went to any state hoard or officer,or to any county, city, or district board or officer, authorized to allow or piny the sante if gelatine, 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 e-xmuelling one thousand dollars (S1,000.00), or by birth such imprisonment and fie, or by in prisonmernt in the state prison, by a fine of not.exceeding ten thousand dollars { 10,000).or by bolt such imprisonment and fine. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION,N1 01, X005 Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action.All Section refaeces are to ) The copy of this document mailed to you is your California Government Codes.' ~i notice of the action taken on your claim by the Beard of Supervisors. (Paragraph IV below), given 7 2 001 DO 5 Pursuant to Government Code Section 913 and 915,4. Please note all"Warnings" AMOUNT: $2,247.11 CLAIMANT: MERCURY INSURANCE COMPANY FOR: KATE STEPHES BY: TERRI KANEY ATTORNEY: UNKNOWN DATE RECEIVED: SEPTEMBER;27, 2005 ADDRESS P.O. BOX 9971.95 BY DELIVERY TO CLERK ON: SEPTEMBER 27, 2005 SACRAMENTO., CA 95899=7195 BY MAIL POSTMARKED SEPTEMBER`26, 2005 FROM: Clerk of the Hoard of Supervisors TO: County Counsel Attached is a copy ofthe above-noted claim. JOHN SWEETS e Dated: SEPTEMBER 27, 2005 By: Deputy Ti. WOM: 'County Counsel, TO:Clerk of the Beard of Superv' ors ( is claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying:.claimant. The Board cannot act for 15 days (Section 910.8), ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). O Other: Dated. �''��� By: / `� Deputy County Counsi III, FROM: Clerk of the Board T0: County Counsel ('1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant:..(Section 911.3). IV. BOARD GIRDER: By unanimous vote of the Supervisors present: O This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated/elvile "Amv,/' *V"` JOHN SWEETEN,CLERK,By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposite in the mail to file a court action on this claim. See'Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to'consult an attorney, you should do so immediately. *For Additional Warning See'Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18 and that today I deposited in the United States Postal Service in Martinez, California,postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated; OHN SWEETEN, CLERK.By Deputy Clerk 06-24=Q5 08:46am From-WF CCK IAL WRTWE 92510815248 T-347 P-02/03 F-447 BOA"OF 5117PU.VISORS OF CONTR&CQS"��:. D NT'Y T A. A claim relAtiUg TO a cw""� of action for death or for'4ury to PCTSOU Or TO personal property or Vowing, crops shall be pre=1e4 not later Tl=n JOUths After the accrual of the cue of action. A. clam relalinp;to any oto cause of action shall be pres>ewad riot later than one;year sfta the accrual ofths cause of aeon. (Gov. Code § 911.2.)' B' Claims must be facd with'.the Clerk of the Beard of Supervisors at iu Office in°Room 106, County Adxalui.stmatlou Building.651 Pine street,Martinez, CA 34553. C. If claim, is against a digit ,goverrwd by rhe Board of Supervisors, rater than The County, the name of the Disu ict should be filled its.,, D. _.tf the c ai.is agsan% tgorg� Thn rine. public amity. sopar claims must be filed against`each public entity. E'. EmUd, See pe 4lTy fbr fcaudulenr olaitns,Penal Code Sec. 72 at the end of thy'form. Mi#trssexpassllvN94*4**alssson a 9ousevwoos I RE: Claim By: Reserved for Clerk's tiling stamp 1 y} A.. �Y:I� wn +v+I.1M14.1.t A ai=the County of Contra Costa or SES' 2 7 NO istrict) ,LERK BOA in tyle name) OOPTRA i- Tbe,undersigaod,claimant hereby makes claim against the County of Contra Com or the above--named dl tli.ct tit tho sum of S ail in suppon of this claim represents as follows: 1. When dad the damage or injury occur? (Clive exact date and hour) 2. axe did the-damage or injury occur? {I=Iwk city and county} 3. How dialer damage or injury occur? (Give M details;use extra paper if required) 6 i3 FF v r� � e rt M J7i?d Se RRC Wit$ b aT 'kAs A,$ 4 r11. 110 7 {j ` 4 Wt particular act or omission.on the part of county or district°ofccers, sums, or employees caused theM ury or damage? L) i\j5tRf-C 10A`CV W 5 WbATare The namts of county or district officers,servants, or employees causing the damage or injury? Fo "1 H R C h e,SC 06-2445 08s40am Frog-Wf C tAl MDRTOAGE 8 569 5 4 ' T-847 P.03/03 F-447 6. What damage or injuries do your claim resulted? Give full east of imuries: or d ages c six d. Attach two est aces for auto'dama e. 7. How was th6 awount cl ` a. pvc c()�aap=d? (incl aTrdMount,of y prospective injury or damage.) 8. Namcs and addresses of witnesses,doctors, and hospitals; . .List the expenditures you made on accouaT of this accident or injury: DATE AI ' x;rites:'awxarrwxawrsrawa■ ***a■ok$*w■x. } Gov.Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his )behalf. !f Marne and address of Attorney f ° (C Sipanire) nq 1 s (Address) y Telephone No.. Telephone No. •aaaxx'ra■waa'$swap%goI*a* aIaagnu saN'xrraOa$aIas'ararxommaarwrasoaan*as PUBLIC UCORI S NOTIM Please be advised that this claim faun,or any claim.filed with the County umer the Tort Claims Act, is subject to public disclosure under the California.Public R,eecord$ Act. (Gov. Code, 55 6500 et seq.) Furthermore. any au chrments,addenda s,or supplements anached to the claim fonu,includingmedical records,are also subject to public disclosure. aeaMawrrrw■■'xawarMwxxa'aarxl►'rwwa■ a■xxraNwwrsawar■rrw�rrarsltr�rxrarrswxr■rronawean wxxal NOTICE: O i ICE: Searion 72 of the Pen C'crde provder: .-very person who, with intent to cloud,presents for allowance or for payment to any state'board or officer,or to any county, city, or district board or o#ficer, authorized to allow:or pay'the same if genuine, any false or fraudulent claim,bill, account voucher,or writing, is punishable eider by irnprisotun= in the County jail for a period of not more t tx one year,by a fine of not exceeding one thousand dollars ($1.000.00).Y), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of nor ending Ton thousand dollars (Sl 0,000),or by both such imprisonmeut and f~izre. co cv 0 � F < `' � o n n 0 15 to 4c 44 On L�1+' < -mak z° O (' Q +rC 'Q LU irr z 0 Z 0 z U7 � m CL 5 z "' z 0 0 -ja 0 � :D co � LU u a- ci 0 Lki0 uj (,j w 0U) Lr Ll 00 LL .. z � 0� uj M �C CL ag z ¢ �+ C4 rPo a Z a 0 ry, a. 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WiltUlu d miO zcnno W D aT-10 LL . aw w "�zu use r 00 m C-4 M w d Ln (D p Z N d OW w E- w LL CY) ' t o, d v a Z a x t5 u.. ora oc W ° y s=tr W Gt tai N z o oz 7rxmti + rr0a mL) Z °-' a C 1 c:� vy sn C m O W tV Q o g ,� m Cyn o co u o o Q z 0 � C-) � d �' � F � U �, > o OD w LO U) 0 44z o C'� vii c vCj z Lu z d N yr z c z z r d N 2z F- a LU Ul 0 DLU ti z ,� ; w O 0 w W a O' � w z wp co n z LL x zU } CL cq Omd , a T a `; w �,h ¢ LL ' o 0.4 M1 � < ., UM >C Con c Z Ht-tt Q WZ0) o cn } w w 0w xz o E co w moQ GAG us w c) cn w to z in w o } 4 ZOO WNU dp p w u LL �,0 Z w tL n C:) Q x a U) uL CSS , � z ° o cc cL ARMS - Automated Rental Management System (Patent Pending) Page I of l Rental ENTERPRISE RENT-A- I MERCURY Company: CAR CASUALTY Invoice: D923049-2332 Bill To: Billing detail: MERCURY CASUALTY ATTN:JERRY MAHAFFEY Rental Period:7f23/05 to 8/3/05(12 days) P.O.BOX 997195 Billed Period: 7/23/05 to 8/3/05(12 days) SACRAMENTO , CA95899 Description Rater Amount RENTER INFORMATION: 12 DAYS @ $29.99 $359;88 Renter: STEPHENS,KATE 1 SALES TAX% °1x8.25 $29.69 RENTAL INFORMATION: TOTAL CHARGES: $389.57 Rental Branch Location: Less Amount Received: $29.57 ENTERPRISE RENT-A-GAR(2332) 2580 SYCAMORE DRIVE AMOUNT DUE..:....... $360.00 ANTIOCH, CA 945092909 (925)757-0777 ADDITIONAL;CLAIM,INFORMATION; Claim Number:YN90 862-04 Claim Type: Insured Vehicle Condition: Unknown Date of Loss: Insured Name: Owner's Vehicle:2003 HONDA ACCORD Additional Driver: SPOUSE Repair;Facility: SOLANO COLLISION C VALLEJO (707)644-4044 VEHICLES RENTED Effective Date and Time Year Make Model VIN Mileage 7/23/05 9:11 AM 2005 FORD TAUR 1FAFP53U85A247419 82 7/25/05 2:02 PM 2005 TOYO CAMR 4T1 BE32KOSU423800 424 Rental Invoice Wed Aug-10-2005 05:23pm Claim No:YN903862-04.S1 From:Solano Collision s' Date: 8/1012005 04:47 PM Supplement: 2 Solano Collision Inc. 3267 Sonoma Blvd.Vallejo,GA 94690 (707)644.4044 Fax: (707)644-4045 Tax ID: 48-1299380 BAR# AF228086 EPA#: CAD981579832 APPRAISAL REPORT DAMAGE ASSESSED BY:MIKE JUNES FILE NUMBER: None ASSIGNMENT DATE: 5/9/2005 CLAIM NUMBER: YN903862=04 CONTACT DATE: None DATE OF LOSS: None INSPECTION DATE: None TYPE OF LOSS: RECD DATE: 5/9/2005 APPRAISED FOR: —KERRt INSURED: None CLAIMANT: None OWNER: KATESTEPHENS BODY SHOP: None TOM KNE 1333 ASTER DR ANTIOCH,CA 94549-1411 f1 (925)764-4214 AUG 9 (925)677-5214 REINSPECTOR INSPECTION SITE: None j' QUALITY RECYCLED PARTS No A " AFTERMARKET NEW PARTS: No VEHICLE DRIVEABLE: Unknown Comments: Date vehicle driven/towed in. . . . . . . . .6/20/05 lie Date vehicle was inspected. . . . . . . . . . 6/20/05 Number of photos.. . . . .7 Number of days to repair. . . . . . . .4 s+ VANMUYDEN Closing,type (repairable or total) . . . .REPAIRABLE Send check to facility (yes or no) . . .YES Will In'l LKQ parts available ( yes or no) . . .N/A AUG 1 5 2005 . . . . . . . Ziur LEOMENT Phone and reference. . . . . . . . . } ST DATE TOTALED . . DATE RELEASED. . . . . COMPARISON EST'IMA'TE: 0.00 TOWING: 0.00 ACTUAL CASH VALUE: 16,125.00 APPRAISER ESTIMATE: 1,387.11 STORAGE: 0.00 SALVAGE VALUE: 0.00 AGREED UPON AMOUNT: 0.00 DEDUCTIBLE: 500.00 SETTLEMENT: 0.00 REPAIR VS.ACV: 0.00 DRAFT/CHECK NUMBER: 0 ESTIMATE FEE: 0.00 DRAFTICHECK AMOUNT: 0.00 TRAVEL EXPENSE: 0.00 DATE ISSUED: None PHOTO EXPENSE: 0.00 MISC EXPENSE: 0.00 TOTAL CHARGES: 0.00 UltraMate Is a Trademark of Mitchell International Copyright{C)1994.2005 Mitchell International Page 1 of 1 All Rights Reserved Wed Aug-'10-2005 05:23pm Claim No:YN903862-04.51 From:Soiano Collision C68 Det0s Page 1 of 2 r Body Shop Name; Solano Collision, Inc. DATE ASSIGNED:5/10/2005 BRANCH:33 UNIT: LOSS DESCRIPTION: C-68 NO:01 Car NO:001 IV HAD JUST MADE RIGHT TURN ONTO ADROSE,STOPPED FOR CV,A SHERIFF VEHICLE, CLAIM NUMBER:YN903862-04 CV H AD REVERSED FROM INSD:KATE STEPHENS ALLEY INTO IV. DESCRIPTION OF DAMAGE: ADJ.NAME:KERRI NAVA PASSENGER FRONT CORNER ADJ.PHONE:(916)636-1534 EXISTING DAMAGE: ADJ.EXTENSION: DATE OF LOSS:5/9/2005 DATE RPTD TO CO:5/9/2005 SPECIAL EQUIPMENT: VEH DESC:2003 HONDA ACCORD LX VEH LIC.PLATE:5CQV995 VIN;JHMCM56373CO74792 DRIVEABLE:Y AIR BAGS DEPLOYED:N ASSIGNMENT TYPE.17 VEHICLE OWNER: Regular Collision STEPHENS,KATE DED/LIMIT$500.00 1333 ASTER DR ACTUAL COST$18,123.00 ANTIOCH,CA 94509-1411 STATED VALUE$0.00 Home:(925)754-4214 Work:(925)677-5214 RENTAL CAR COV:Y CALL AT: RENTAL CAR LIMIT:$30 PER DAY 30 DAYS 9257652158 POLICY NUMBER:AP03179341 DATE CAR ADDED:5/30/2003 COMPANY CODE:MIC COVERAGE STATUS: SPECIAL INSTRUCTIONS: VEHICLE LOCATION: COVERAGE CONFIRMED PHOTOS&MEASUREMENTS WITH INSD SAME httn-//t.sr.q rllP.rf.ijrv1riCT7rAt1CP. rtgn?r..ln;mVjim=VNQ013Z ?h' R/111/�(1t�5 Wad Aug-10-2005 05:23pm Claim No:YN903862-04.Sf From:Snlano Collision Dater 8/1012005 04:47 PM Estimate ID: YNO03862.04 Estimate Version: 2 Supplement: 2(F) 811012005 04:46:52 PM Profile ID: MERCURY So an4 Collision Inc. 3267 Sonoma Blvd.Vallejo,CA 94580 (707)644-4044 Fax: (707)644-4045 Tax ID: 48-1299380 'BAR M AF228086EPA#: CADS81579832 Damage Assessed By: MIKE JONES Appraised For: KERRI NAVA (916)636-1534 Supplemented By: MIKE JONES Final to Owner: 51912005 Deductible, 500.00 Policy No: AP03179341 Claim Number: YN903862-04 Owner KATE STEPHENS Address: 1333 ASTER DR ANTIOCH,CA 84509-1411 Telephone: Work Phone: (826)677-5214 Home Phone: (925)764-4214 Mitchell Service: 810017 Description: '2003 Honda Accord LX Vehicle Production Date: 3103 Body Style: 4D Sed Drive Train: 2AL inj 4 Cyl SA FWD VIN: JHMCM56373CO74782 License: SCOV995 CA Mileage: 36,156 OEMIALT 'D Search Code: None Color: (GRAY Options: ALUMIALLOY WHEELS,AIR CONDITIONING,POWER STEERING,POWER WINDOWS POWER DOOR LOCKS,TILT STEERING WHEEL,CRUISE CONTROL,ELECTRIC DEFOGGER AUTOMATIC TRANSMISSION,AM+M STEREOICDPLAYER(SINGLE) #*' SPECIAL PART NOTE: All parts on this estimate are "NEW" parrs (OEM) unless otherwise specified. Parts described as Rechromed, Recred 'or Remanufactured are either "Reconditioned parrs or "Rebuilt" parts. Crash parts described as "Qual Repl Part" are none-OEM aftermarket parts.** KEY TO PARTS ABBREVIATIONS: OEM= A never, Original Equipment: Manufacutrer part' Alice A new, lifter-Market part; also known as a never, Non-OEM part Used or LKQ= A used. OEM part that has been reconditioned or remanufactured. Line Entry Labor Line Item Part Type/ Dollar Labor CEG Item Number Type Operation Description Part Number Amount _ Units Unit 1 000404' BOY OVERHAUL FRT COVER ASSY 1.2 # 2.2 S2 2 000387 BOY REMOVEIREPLACE, FRT BUMPER COVER Remanufactured 206.70' INC # 1.8T 3 AUTO REF REFINISH FRT BUMPER COVER C 2.7 2.7 4 000392 BOY REMOVEiREPLACE R FRT BUMPER COVER BEAM 71140-SDA.A00 25.36 INC T $26 000394 BOY REMOVFJREPLACE R FRT BUMPER SPACER 71193-SDA-AOI 4.22 INC T S2 6 000963 BDY REMOVEIREPLACE R FRT COMBINATION LAMP ASSEMBLY 33101-SDA-A01 219.00 INC # 1.3T 7 AUTO BDY CHECKIADJUST HEADLAMPS' 0.4 0.4 82 8` 000863 BOY REMOVEIINSTALL R FENDER MUDGUARD INC 0.2 ESTIMATE RECALL NUMBER: 61201200510:47:49 YNO03862-04 UitraMate is a Trademark of Mitchell international Mitchell Data Version: JUL.,05 A Copyright(C)1994-2003 Mitchell International Page 1 of 3 UitraMate Version: 5.0.208 All Rights Reserved Date: 8/1012005 04:47 PM Estimate 10: YN903862-04 Estimate Version: 2 Supplement: 2(F) 811012005 04:46:52 PM Profile 10: MERCURY S2 9 000836 BOY REMOVE/REPLACE R FENDER PANEL04620-SDA-A90ZZ 226.38 2.7 # 2.7T 10 AUTO REF REFINISH R FENDER OUTSIDE C 1.9 1.9 11 AUTO REF REFINISH R FENDER EDGE C 0.5 0.5 12 000838 BDY REMOVE/REPLACE R FRT LWR FENDER BRACKET 602124DA-AOOZZ 8.10 0.1 # OAT 13 000840: BOY REMOVE/INSTALL R FENDER LINER Existing' 0.4*# 0.4 S2 14 002509 BOY REMOVEIREPLACE W/SHIELD WASHER'RESERVOIR 76840-SDA-A11 47.77* 0.3 # 0.3T S2'15 002763 BOY REMOVEIINSTALL R ROCKER MOULDING' INC # 0.4 S2 16 000742 REF BLEND R FRT'DOOR OUTSIDE C 0.8 2.0 S2 17 000660 BOY REMOVEIINSTALL R FRT OTR BELT MOULDING 0.5 # 0.9 S2 18 000662 BOY REMOVEANSTALL R FRT DOOR MOULDING 0.3 # 0.7 S2 19 000664 BOY REMOVEIINSTALL R FRT'DOOR MIRROR INC 0.3 S2 20 000732' BOY REMOVEIINSTALL R FRT'DOOR TRIM PANEL INC 0.4 S2 21 000530' BOY REMOVEIINSTALL R FRT OTR DOOR HANDLE 0.8 # 0.8 22 936012 ADD'L COST HAZARDOUS WASTE DISPOSAL 3.00* 23 936014 ADUL COST FLEX ADDITIVE 7.00* T 24 AUTO REF ADIYL OPR CLEAR COAT 1.8 25 933003 BDY• ADD'L OPR TINT COLOR 0.5* 26 933018 REF ADD"L OPR MASK FOR OVERSPRAY 5.00* 0.1* 27 AUTO AOD'L COST PAINT 177.10* T S2 28' 900500 BOY* REPAIR RETAPE DOOR SIDE MLDG Existing 0.3* *-Judgement Item #-Labor Note Applies C-included In Clear Coat Cate Add'1 Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals If. Part Replacement Summary Amount Body 7.5 60.00 0.00 0.00 450.00 Taxable Pari 737.53 Refinish 7.8 60.00 5.00 0.00 473.00 Parts Adjustments 2654- Sales Tax @ 7.375% 52.44 Nan-Taxable Labor 923.00 Total Replacement Parts Amount 763A3 Labor Summary 15.3 923.00 Ill. Additional Costs Amount_ IV. Adjustments Amount Taxable Costs 184.10 Insurance Deductible 500.00- Sales Tax @ 7.375% 13.58 Customer Responsibility 500.00- Non-Taxable Costs 3.00 Total Additional Costs 200.68 1. Total Labor. 923.00 1l. Total Replacement Parts: 763.43 Ill. Total Additional Costs: 200.68 Gross Total: 1,887.11 IV. Total Adjustments: 500.00. Net Total: 1,387.11 Less Original Not Total: 619.53 Net Supplement Amount: 767.58 S1: MIKE JONES 17.85 S2: MIKE JONES 749.73 ESTIMATE RECALL NUMBER: 61201200510:47:49 YNO03862-04 UitraMate is a Trademark of Mitchell International Mitchell Data Version: JUL OSA Copyright(C)1994-2003 Mitchell international Page 2 of 3 UltraMate Version: 5.0.208 All Rights'Reserved ( Date: 811012005 04:47 PM Estimate ID': YN903862-04 EstimateVersion: 2 Supplement: 2(F): 8/1012405 04:46:52 PM Profile 10: MERCURY Insurance Co: Mercury Insurance Company Address: 11150 international Drive Suite 100 Rancho Cordova,CA 96674 Telephone: (916)636-1534 THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACUTRER OR DISTRIBUTOR OF THE PARTS, RANTHER THANBY THE ORIGINAL MANUFACTURER OF YOUR VEHILCE.' Date vehicle driven/towed in?. . . . . Date vehicle was inspected. . . Number of photos. Number of days to repair. . . . . . . . Closing type (repairable or.Total) . . . Sena chuck to facility (yes or no) . . . LKQ' parts available (yes or no) . . . . . . Source. . . . . Phone and reference. . . . . t 1 i 1 a } i 3 3 t i ; ESTIMATE RECALL NUMBER: 61201200510:47:49 YN903862-04 UltraMata Is a Trademark of Mitchell International Mitchell Data Version: JUL_05 A Copyright(C)1994-2003 Mitchell international Page 3 of 3 UitraMate Version: 6.0 208 All Rights Reserved f Date: 8110/2005 04:47 PM Estimate 10: YNO03862-04' Estimate Version: 2 Supplement: 2(F) 8110/2005 04:46:52 PM Profile ID: MERCURY Solano Collision Inc. 3267 Sonoma Blvd.Vallejo,CA 94590 (707')6444044 Fax: (707)644-4045 7ax'ID: 48-1299380 BAR M AF228086 EPA#: CA0981679832 Supplement Delta Report Comparison of Estimate YN903862.04 Supplement 1 and Supplement 2 Damage Assessed By: MIKE JONES Supplemented By: MIKE JONES Owner: KATE STEPHENS Vehicle Description: 2003 Honda Accord LX Line Labor Line Item Dollar Labor CEG Item Type Operation Description PartType Amount Units Unit Changed Entries 2 BDY REMOVE/REPLACE FRT BUMPER COVER Remanufactured 191.00 INC 1.8T S2 2 BOY REMOVE/REPLACE FRT BUMPER COMER Remanufactured 206.70* 1 1.8T 6 BOY REPAIR R FENDER PANEL Existing 7,5* 2.7 S2 9< BDY REMOVE/REPLACE< R FENDER PANEL New< 226.38 <4 2.7 < 2.7T< 12 REF ADDI OPR CLEAR GOAT 1.5 24< REF AOD`L OPR CLEAR COAT t< 1s ADD'L COST PAINT 140.30 * .0 T 27< ADD`L COST PAINT 177.10* 0.0 T Deleted Entries 5 BOY REMOVEIINSTALL R FRT COMBINATION LAMP 1.3 1.3 Added Entries S2 5 BOY REMOVE/REPLACE R FRT BUMPER SPACER New 4.22 INC T S2 6 BOY REMOVEIREPLACE R'FRT COMBINATION LAMP ASSEMBLY New 2%00 INC 1,3T # 7 BOY CHECKIADJUST HEADLAMPS 0.4 0.4 1 S2 8 BOY REMOVEIINSTALL R'FENDER MUDGUARDN11 0.2 11 REF REFINISH R'FENDER 1eOGE C0.5 0.5 $214 BOY REMOVEIREPLACE WISHIELD WASHER RESERVOIR New 47,77*%///)O.3 0.3T 82 15 BDY REMOVE/INSTALL R MOCKER MOULDING INC 0.4 S2 16 REF BLEND R FRT DOOR OUTSIDE C 0.8 2.0 S2 17 BDY REMOVEIINSTALL R FRT OTIC BELT MOULDING 0.5 0.9 S2 18 BOY REMOVEIINSTALL R FRT DOOR MOULDING 0.3 0.7 S2 19 BOY REMOVE/INSTALL R FRT DOOR MIRROR INC 0.3 S2 20 BDY REMOVEIINSTALL R FRT DOOR TRIM PANEL INC 0.4 S2 21 BDY REMOVEIINSTALL R FRT OTR DOOR HANDLE 0.8 0.8 i S2 28 BOY REPAIR RETAPE DOOR SIDE MLDG Existing 0.3• I 1 Global Changes No Deductible,Labor Rate,or Part Adjustment changes were made. ESTIMATE RECALL NUMBER: 6/20/200510:47:49 YN903862-04 UitraMats Is a Trademark of Mitchell International' UltraMate Version: 5.0.208 Copyright(C)1994-2003 Mitchell International Page 1 of 2 All Rights Reserved j` Date: 8/1012005 04:47 PM Estimate ID: YN903862-04 Estimate Version: 2 Supplement: 2(F) 8/1013005 04:46:52 PM Profile ID. MERCURY Amount Original Estimate: 619.53 Supplement 1 17.85 Supplement 2 749.73 Supp 1 Total Tax 27.29 Supp'2 Total Tax 66.02 Not Supplement Amount ;''767.5 Net Total ,387.11 Data Versions Supp, JUN_05_A Supp 2 JUL_05_A I i s 3 a I FF i i j i 3 t i i ESTIMATE RECALL NUMBER: 61201200510:47:49 YNO03862-04 UltraMate Is a Trademark of Mitchell International € UltraMate Version: 5.0.248 Copyright(G)1994-2003 Mitchell International Page 2 of 2 i All Flights Reserved 1 Wed Aug-10-2005(35:23 m Ctalm tNo:Y0903862-2 .S1 From:Solano Collision �F. i AV E " GREK E E MOTORS MUCK ~' S ADMIRAL CALLAGHAN LANE 3 T EDW1000 P.O.BOX UW VALLEJO,CA 94691 PHONE, 1? 7)561-}' . .. } ?'RE `f i Wed Au -1,0 2005 05;23prn Claim No:YN903862-04.Sl From:Solano Collision R"TO GOno ��MK� MOTORS AL CA' 1-90 ATIREDWOOD 0 BOX 6= VA:LLIEJO,,',,'A04591 PHONE (7071551-3200 PARTS I IR CT,( 7) 551-3202 CARTS T L TSE ( 0 ) 834-8686 PAR"I'S FAX f 7017) 551-32 10 WAN llwF w"--Ww-e elf AY,'t'l��Sli*N� CAI'-_-,g iu^ . f�'S%�:e: w+�,:.ds�^,s"�'w k:%fir"F:c �'*+a7�1si:aa§ts<,=ta ki ea.,e:�fi':n¢.•,�r Cs:S!�tA.'4"�•: �.n9.�r'.,k"�;' U nathwt-O '' f ' '�3w`6.,t: wok Sas�'salt> � Sl: 0#w $ € i+ aUOW Fav*41 �AWO �, 1 a ,W� .. .. .... J sa`$z^P4 °:,,.ae fi-aFP a. µ :w«.. 10 1ce pp :, ,K VIA ALL RETURMED VIEKST BE AC N SY IMS MME 4—OUMN -39 DAYS EMIT PERFORMANCE NCE PARTS WAYNOT e LEGA IM semi"W PSA& � J WOE ACMWINGMf CAM14Y=CUSTs MEP CrOPY Wed AAuuc-1 05 05:23prn Claim No:YN903862-04.51 From:Solano Collision Aft MOTIVE ° ! *F. NV � r� : 0 .1 , :.. , Involov 220-311 "I' j D 12 TOTAL, MX SY "02.006 r. 1*7 i a ; ws , Wed Au -10-2006 05:23 m Claim No:YN9,03862-04_S1 From:Solan Collision OF 02 COMMI&6, SLIP t a DAYS t VL1%ATTENMU p. 9 at MOD EL WfPpta9�Awe iMYl' y 4 COVF �.. d4 3 w+Mwta�waNMMPRa!`�MMnurle MWWM+AMWl4�MwBwKWe�➢xgwNNUlfIMf�M Wed Au -10 2405 45:23pm Claim No:YN903852-44.51 From:Solano Collision 2 R. i , Inc t�. A, TN: tDate Ott- , u C Stomf WX tkk 0 �* hb j�-w not RVAat I .4 hi *.� vauab f pa li € this, _... tat z NO COQ AN AAM i xt 4"1, i s t Mon Jun20200510:56am. Claim No:YN903862-04 From:Solano'Coltision fA i Sol no Collision 3267 Sonoma Blvd Vallejo CA 94590 Phone 707-644-4044 Fax 707-644-4045 Claim No YN90386 -04 VIN JHMCM56373CO74792 2003 Honda Accord Owner STEPHENS Appraiser MIKE JONES Dross 5/9/05 DRP No 031578 Printed with Eaaylmage from GO Media,Inc. 1-888-546-7593-www.eWimage.com P.O.-.Box 997195' ARMERCURY Sacramento, CA 95899-7195 INSURANCE GROUP (916)636-1534 September 26,2005 RECEIVED Clerk of the Board of Supervisors SEP 2 7 2005 Room 106 County Administration Building CLERK B 43O OFSUPERMORS 651 Pine StreetCO Martinez,CA 94553 RE: OUR INSURED: Kate Stephens OUR FILE NUMBER: YN903862-04 DATE OF LOSS: May 9,2005 YOUR INSURED: Contra Costa County YOUR FH-E NUMBER: 58433 Dear Clerk of the Board of Supervisors: Under the terms of a policy issued to the above named insured,we have paid for damage to our insured's property in the amount of$2247.11. Our information indicates that the damages resulted from your insured's negligence. Enclosed for your review is a copy of our repair bill(s)and settlement check(s). The breakdown of our payments is as follows; Collision $619.53 Deductible $500.00 Supplements $767.58 Rental $360.00 Out of Pocket Rental $0.00 Total 2,247.11. Salvage Deduction $0.00 VLF Deduction $0.00 Total $0.00 Our insured's version of the loss is as follows:Our insured was traveling SIB on Willow Pass Rd``. She noticed your insured's vehicle backing out of a driveway after making part of his U-turn. As she approached your insured's vehicle she noticed it was not going to stop.At that point,our insured driver stopped her vehicle and your insured proceeded to back into the right front bumper area. As you can see by the photographs attached, our insured vehicle sustained a direct hit to the right front bumper area. There are no scraping motions, indicating our insured was moving or attempting to pass him at the time of tate incident. Damages indicate she was stopped. Unfortunately,because your insured was police officer and the reporting officer more than likely' works with your driver, there is a possibility the police report and tainted and not factual. I urge you to conclude your liability investigation in favor of our insured and make the appropriate payment. Please return a copy of this farm with your payment. Please call'me at(916)636-1534,ext.2388 if you have any questions. Thank you for your cooperation. Very truly yours, CUR (INSURANCE COMPANY TERRIKANEY Claims Adjuster Sierra Claims 11 `4t CLAI1vI; BOARD OF SUPERVISORS 1,OF CONTRA COSTA COUNTYt' BOARD ACTION.: 3- Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you:is your California Government Codes. ) notice ofthe-action taken on your claim by the Board of SuperVisors.'(Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please mite all "Warnings". AMOUNT: $250.00 CLAIMANT: Steven Cay for Eric Gay ATTORNEY: aimwn DATE RECEIVED: o9-3o--o5 ADDRESS: 2303 Banbury UOop BY DELIVERY TO CLERK ON: Martinez, 'CA 94553 BY MAIL POSTMARKED: 09-29-05 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET;. , Cl Dated: 09-30-05 By: Deputy I1. MOM: County'Counsel. T6: Clerk of the I3nard of Supervisors (4,Prhis claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 1`5 days (Section 910.8), ( ) Claim is not timely fled. The Clerk should return claim on ground that it was fled late and send warning of claimant's right',to apply for leave to present a late claim(Section911.3). { ) Other: .Dated: l� ' 'f.. J By: Deputy County Counst III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2)' ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. AGARD ORDER: By unanimous vote of the Supervisors present: (k)" This Claim is rejected in full. O Other; { I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: V"464v l HN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six(6)months from the date this notice was personally served or deposite in the mail to file a court action on this claim.'See Government Code Section 945.6. You Vinay seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I'am now,and at all times herein mentioned,'have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 40V4-r ►b#P- Ar1OHN SWEETEN, CLERK By Deputy Clerk SV/0 BOARD OF SUPERVISORS OF CONTRA COSTA COUNT' INSTRUCTIONS TO CLAIMANT A. A: claim relating to a cause of action for death or for injury to person or to personal,property or growing crops ;shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pune Street,Martinez,CA 34553. C. If claim is against a district governed by the Board: of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Seca 72 at the end of this form. ■srssassaaaasWauseon Bass*noun saw r,aaasamong masons*anarsoacsaI RE: Claim By: Reserved for Clerk's filing stamp RECE C� ) .Against the County of Contra Costa or ) SEP 3 p 2005 District) C,1. 5 s E�171- its (Fill in the named �, E . : o� The undersigned claimant hereby makes claim against the County of Contra Costa or the 'above-named district in the sum of$ Z.St)"`"-----and in support ofthis'claim represents as follows: 1. When did the damage or injury occur'! (t.rrve exact date and hour) C id 1 '2:oo S" AT Z0 Pty P4P-r. 2. Where did the damage or injury occur? (Include city and county) l Z00 COAJTKA 4fo57-A 8Lt1D., C'oNCole D, co&j1-ieA CC,57 C'o N7 y, ccibcArr c�ccnjv eb e ! Sib EWA LK, 3. How did the damage or injury occur? (Give full details;use extra paper if required) 6.91 carr y''s �CYe-4. w)93 01lvAJ6;1) 4eNbEiC c,49, AS CIM 10'LLQ D o ur AC905 5 S1 pE`w19(.fi. .5 E6 ATT79 c H E'.b X)M t! cc IDCr iT- A CRC7- 4. What partieular act or ornission on the part of county or district officers, servants, or emi3loyees caused the injury or damage? FA 1(_cel RE" 7Z> Go.0 rk. 13o7`H w Y S &FF0)G' 10UI-L iAJCr- C:7 UT CRO S.5 A SibE-w✓4e X /+v R 14 TO,2 v'"I(:t6': SSE f7`rRcrtED M✓ Ace-l2> A)7' REPOIln 5 What are the names of county or district officers, servants,or employees;causing the damage'carinjury? DE-rec"t`t L)c CR>61 G A. 7tM1weZ yNbE1�'CCSVE`lE. 0�FFICG-A, Fib le. CA FAYE'7'TE- lbLICC PCP'r �JC6- AT7/'9 CHED DMV Acct DEA/? Xspoit>7 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) TH C d'i C Yr-t€- H4D 3 6 U E2194. ,p A M r4 G E S. M 1 es &t�C ES �sTr M�4'7`G, o ff' 7 H E b f1 M,�4G E`1 f}N D / Ptto -M N, eS rN —rHe` 147`'r`RcNe b DM,V $CCt D E tiI7' 96,100 R7-. 7. Hover was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) M Ig F s $t K:e S i>o E-S° $r C Y C L F` 1 E'e e19!9 fAN1) D&'7' &AtrA/CD THf1r 17- woULA 86- CNElfffeR 1�> R e—P c 9 c. C 7-H AF B r C Y C L G, SEE- ft'MAC H.ejb VN v A<e-117 GN T- ,:r'EP4W, 8. Naives and addresses of witnesses,doctors, and hospitals: JO!f!N MV/9 140S,017-AL. 567E AlrTifCH-6 b DMV ACC.ID CA/7 R EtOO RT" FOR t9bD19 E'S.S, 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT a 8/�� �;a " q.•s `5-0 Cc3� Ppq y Fo"e d N /Yut emr*-aevt`/ ROOM one owns a Inns one Xmas a a a a am a am MARMUM am a amaze an Noun Womsm ages a as a anemone Rai ) _Gov. Code Sec. 910.2 provides"The claim shall be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attornevl 1 Naive and address of Attorney ) (Claimant' ature) jZ3©,5 B1W6u AYa p (Address) )__4"Iq RT A/C -7 (t5-5-3 Telephone No. )Telephone No. 37 raa�ratarrraasa mar r r rr't`rnrsaaaarrr.■ra mora as rr'arr r umor"mouton rraarrrraa we#mono-mare 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.) Furthennore, any attaclunents, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. many age anman rarer*arrrrawrrameans a%u rrort■aseerrraaara.■rarrarrr■ererera■aerrearanaKai NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district 'board or officer, authorized to allow or pay the same' if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail'for'a period of not more than one year, by a fine of not exceeding one thousand dollars ($1;000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding tela thousand dollars ($10,000), or by both such imprisonment and fine. r REPORT OF TRAFFIC ACCIDENT DMV USE ONLY OCCURRING IN CALIFORNIA A Publk Seridw Agency READ IMPORTANT INFORMATION ON BA CK AS APPROPRIATE,PLEASE TYPE OR PRINT IN BOXES #OF VEHICLES I DATEQF C1R€N7 ACCIDENT LOCATION-CffY1COUNTY(CAUFOPMA ONLY) ON PR(VATEPROPERTY 1 08 f 2005 1200 Contra Costa Blvd., Concord (Contra Costa County} Yes ✓ tetra TIME OF ACCIDENT DRIVINGFOR EMPLOYER Hour 3:2 t) H} ❑Moving p'A`pp'dTr D ©Parked p Pedestrian ✓p Bicyclist Q 0ftr(E.a. I.A AOLWAY) Yes n No DRIVERS NAWFIRST MIDDLE,LAST) DRIVER LICENSE NUMBER STATt Eric S. Cay none DRIVERS STREET ADDRESS DATE OF BIRTH 2303 Banbury Loop 08/09/1990 CITY STATE ZIPCODE TELEPHMENUMBERS Martinez CA 94553 Wk( )none Hm( 925 )372-7098 VEHICLE(YEARAND MAKE) WE LICENSE PLATE ORVEHICLE IDEN11FICATION NUMBER STATE DPA4AGESOVERSi3U Bicyclenone none Yes V' No ; VEHICLEOWNER--PERSONOR COMPANY DAM OF BIRTH AI)DWSS CITY STATE / IP CODE iNSURANCE COMPANY NAMEfivoTAWNTOR BROKM AT THE TIME OF THE ACCIDENT POLICY NUMBER California State Automobile Association U 95666-8 COMPANYNAKNUMBER.POLICYPERIOD [POLICYHOLDER NAME 15539 From:08/26/2005 TO:08/26/2006 Steven Gay T�-t DRIVING FOR EMPLOYER » Moving p Stopped in Traffic p Parked LW J Pedestrian ❑Bicyclist p other(Fa,ROLLAWAY} JYes 11 No DRIVER'S NAME(FIRST,MIDDLE,LAST] DRIVER LICENSE NUMBER STATE Craig A. Jiminez unk CA DRIVERS STREETADDFIESB DATE OF BIRTH 3675 Mt. Diablo Blvd. Suite 130 / CITY STATE ZIPCODE TELEPHONENUMBER5 Lafayette CA 94549 Wk( 925 )299'-322;�Irn )unk VEHICLE(YEARAND MAKE) VEkIiCII LICENSE PtATEORVEHIELEIDENTIFICATION NUMBER STATE DAMAGES OVER$7W unk unk Yes EJ No VEHICLE OWNER--PERSON OR COMPANY DATE OF BIRTH EI. City of Lafayette Police Department / f ADDRESS CITY STATE MPCODE 4111 unk INSURANCE COMPANY NAME tNOTAQENT OR BR010Rj AT THE TIME OF THiE ACCIDENT POLICY NUMBER unk unk COMPANYNAIGNUMBER' POLICYPERIOD POLICY HOLDER NAME unk From unk TO:unk unk NAME AND ADDRESS OF INDIVIDUAL INJURED OR DECEASED Eric S. Gay El injured p' Driver p Passenger p Deceased E) Bicyclist p Pedestrian Pii NAME AND ADDRESS OF INDIVIDUAL INJURED OR DECEASED None p injured p 'Driver ❑Passenger p Deceased ❑%Bicyclist ❑Pedestrian OTHER PROPERTY DAMAGED(rFLEPHONEPOLES,FENCE,LIVESTOCK ETC.) OVER M None 'y Yes D No PROPERTY OWNERS NAME AND ADDRESS I cer ft under penshy of pedury under Me taws of the$tate of Cat1>?iDmJe that the tnforMdon entered on this dloeument is true and correct.. DATEPRIVTEDNiedE SIGNATURE 09/07/2005 Steven Gay Ix SR 1(REV.6I2OO5)www QADDITIONAL INFORMATION ATTACHE[} YOUR CAUFORNIA INSURANCE INFORMATION DO NOT DETACH DMV FILE HUMBER VEHICLE The Depa�rtmentmaysendthis pail totheIneurancecom�tyindicated.If notUdly�ccmpire�d,itwilThe assumed you were not insured for the accident and au r license will be susoended. NAMEoFiNstiRAN C0mPANY-(NO'TA($ENCYOR California State Automobile Association =!!--E ROKETHAT-MUEO THE LIABILITY POLICY Ct>!!- THE OPERATION OfYOURVEHICLE POLICY:'NUMBER : 'POLICY PERIOD U 95666_g From: 08/2612005 To 08/26/2©os (OFOVER OF YOUR VEHICLE) N DATE OF A—DENT64 OR-NEAR(CITY OR TOWN}(CALWORNIA ONLY) S 08 /30/2005 1200 Centra Costa Blvd, , Concord (Contra Costa County) none U VEHICLE"AR AND MAKE) :VEHICLE IDENTIFICATION NUMBER: VEHICLE LICENSE PLATE NUMBER SLATE R Bicycle none none A IN DRIVER ADDRESS C Eric S. Gay Martinez CA 94553 E OWN R ADDRESS FULL NAME OF POLICY HOLDEEt.. ADDRESS Steven Gay 2303 Banbury Loop, Martinez CA 94553 SR 1A(REV. )+ANN., If the policy was not in effect,this form must be completed stint returned to the Department within 20 hays. The undersigned company advises that with respect to the reported accident,the pricy reported on the reverse skis: ©WAS NOT IN EFFECT ❑Was not a liability policy F1 Did not ever the vehicle/driver ❑Number is not a company policy number Policy plumber Policy'Period from to Signature MAILTO: Department of Motor Vehicles Title Financial Responsibility P.O.Box 942884 Date Sacramento, CA 94284-0884 SR IA(REV_WOW) WWW .............................. . Additional Information!for DMV Traffic Accident Report Accident My son, Eric S. Gay, and a friend were riding bicycles in a southbound direction; on the sidewalk adjacent to the northbound;lanes`of Contra Costa Blvd. This is just'south of Willow Pass Ave. As they approached the small business and shopping center at 1200 Contra Costa Blvd., Eric saw a car stopped in the parking lot,behind the sidewalk, right where the driveway in and out of the shopping center is. Eric knew that the driver was intending to pull out into traffic and head north on Contra Costa:Blvd., since there is a median on the road in that section,and only a right tum is passible. Eric reported to me that he saw that the driver was looking only for cars, looking to the driver's left. The driver'did not check for pedestrians,tricycles, or bicycles approaching from the right. However,Eric felt it safe to pass in front of this stopped car because his friend,riding a few yards ahead, had safely passed in front of the vehicle, and the traffic appeared to be heavy enough that the driver wouldn't be able to safely pull out at that time. As Eric crossed in front of the car, the driver, still looking left, accelerated, hitting Eric on his bike: The driver identified himself as Detective' Craig A. Jiminez of the City of Lafayette Police Department. He was working undercover for the Lafayette P.D. at the time of the accident. He did not provide insurance information,a driver's license number, a vehicle identification number, or his home address, but gave Eric his Lafayette P. D. business card (see attached copy). Detective Jiminez asked Eric if he was injured, and if he needed an ambulance,and Eric replied that he was okay. At that point Detective Jiminez left the scene. No police report to either Concord or Pleasant Hill police departments was made: 1200 Contra Costa has a mailing address of Pleasant Hill,but is actually in Concord. 1 tw tt W �i o-3.. n. x y r r Accident scene at 1200 Contra Costa Blvd. View looking south, as would have been seen by Eric while traveling. Photo taken at 3:20 p.m. 09101/2005. Emergency Room Exam The night of the accident Eric's mother took him to John Muir Medical Center's emergency roam, on the advice of our after-hours clinic,just to make sure there were no injuries'. The medical report (see attached copy) reported only a few minor scrapes ("abrasions") and bruises ("contusions"). No actual medical care was necessary. Our health insurance paid for this visit, but our insurance auto insurance representative has informed us that they may cover the charges for this if directed'`to by our 'health insurance. See attached copy of a letter from California State Automobile Insurance acknowledging our claim and informing us of our medicalcoverage for this accident. Damage to Bcycte Eric's bicycle was pinned under Detective Jiminez' car, with various bent components. The bicycle was taken to Mike's Bikes for an estimate on repair costs. Their estimate is: for $200-$250 for a replacement bicycle, since Eric's is beyond repair (see anached copy) The front wheel is bent, the gear is bent, the brake is broken, and the right 2 handlebar is bent to almost 90 degrees, having been crushed under Detective Jiminez' car. . u 1.0 Nil S.�x Photograph o�f'bicycle, showing bent right handlebar, broken front brake. Current Status Lafayette Police Chief Mike Fisher informed me over the phone that Lafayette P. D. is" conducting an internal investigation to determine who is at fault in this accident. Steven Gay Father of Eric S. Gad 3 A i 3675 MT.DIABLO.SUITE 13o LAFAYETTE,CALIFORNIA 94546 TEL:(925)299.3222 FAX(925)363-4126 VOICEMAIL:(925)399=3252 Ex 2225 Maa CITY OF LAFAYETTE LAFAYETTEPOLICE S 811MAD 1848 IMORPON&TED 1000 CRAIG A.JIMINEZ DETECTIVE t r John Muir Medical Center 1601 Ygnaciv Valley Road; Walnut Creek,CA 94598 9259393000 Patient: GAY,EMC Mita#: 0384219 Physician: 11defonso Carpus,MD Acct#:0524100568 DOB: 8/9/1990 Diagnosis:;CONTUSIONS AND ABRASIONS You have multiple injuries consisting of contusions (bruises) and abrasions (scrapes). Proper case of these injuries will speed up recovery; The abrasions should be observed for signs of infection (redness/red streaks,swelling, pain, drainage of pus). The abrasions should be cleansed twice daily with soapy water or hydrogen peroxide. Abrasions heal quicker and with less scarring:if scabbing is prevented Instructions: Clean the abrasions as above to remove/prevent crusting and scabbing and then apply an antibiotic ointment (Polysporin or Bacitracin). If crusting occurs, soak area 1 st in warm water to soften before cleansing. Apply ice to bruises for,15-20 minutes every 1-2 hours for the 1st 24 hours, then 4 times a day for 1-2 additional days. If arms or leas are involved, then elevate to reduce swelling. Contact the Doctor if: symptoms'..increase or signs of infection (see above)occur. <Pti Patient Signature �Si Representative Signature <StaffSi Staff Signature Date/Time: 29-Aug-2005 21'':53 Page,i of t Gatifornia State AntomobfieAssociaion Inter-Immrance Rare= P.(7 Boz 920 Suisun City,CA 99385-0920 September 5, 2005 '■'�" nrrrMrK ' a•rrrri : Steven or Dori Gay, 2303 Banbury Loop Martinez,CA 94553 Re: Insured: Steven or Dori Gay Claim No.: 09-U95666-8 Date of Loss: 0813012005 Dear Steven or Dori Gay: This letter is to confirm our conversation of September 2,2005,in which you advised that you do not wish to pursue a collision claim for the above incident, As I advised on the phone,you do Have Medical Payments Coverage up to $10,000 for any reasonable,`necessary and related treatment for up to one year after the date of loss. Should you need to re-open the claim for medical payments coverage please let us know. If you decide to pursue this matter at a later date,please feel free to contact us. Sincerely; Claims Representative III 888-582-3008 extension 7267 F268K(Apr 2002) - X618 ,, 6 l r �t'7 ,�' U 1t.c.�2 • .,� 4t-POU 161 c 4 kr-e e- '04'- Ila' 1741 Contra Costa S Wevard Pleasant Hill,CA 94523 CLAIM BOA OF SUPERVISORSS OF CONTRA COSTA COUNTY RD , BOARD ACTION 0I� Claim Against the County, or District Governed by } the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Sectionreferences are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors.(Paragraph IV below), giver Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: $500,000.00 CLAIMANT: LAMOS W STURGIS #2005018962 Q - MODULE #13 OCTOBER 04, 205 ATTORNEY: UNKNOWN DATE RECEIVED: ADDRESS: MAIN DETENTION FACILITY BY DELIVERY TO CLERK ON: OCTOBER 049 2005 1000 WART) STREET, MARTINEZ, CA '9.4553BY MAIL POST KED: OCTOBER 03, 2005 FROM: Clerk of the Board of Supervisors TO County Counsel Attached is a copy of the above-noted claim. OCTOBER 04, 2005 JOHN SWEETEN, CI Dated: By: Deputy II, F12OM: County Counsel, TO: Clerk of tha Beard,ofSupervi ors his claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days(Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim(Section 911.3). O Other:, Dated: By; Deputy County Counst III. FROM:: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. OARD ORDER: By unanimous vats of the Supervisors present: This Claim is rejected in full. { ) Other; I certify that this is a trite and correct copy'of the Board's Order entered in its minutes for this date. Dated:x/do/prr» s" JOAN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposite in the mail to file a'court action'on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should'do so immediately. *For'.Addit onaI Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that::I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18;'and that today I deposited in the United States Postal Service in Martinez, California, postage full} prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Bated: Au ^rTOHN'SWEETEN, CLERK By Deputy Clert Claim to: BOARD of SUPERVISORS ORSOF CONTRA COSTA COUNTY TRtTC OM3 TO` A Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue an or before December 31, 1987,must be presented not later than the 100 `day after the accrual ofthe cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January'1, 1988, must be presented not later than six'months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be Med with the Clerk of the Board of Supervisors at its office in Room 106, County` Administration Building, 651 Pine Street,Martinez,CA 94553. C If claim is against a district governed by the Board of Supervisors,rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate'cla4ns must be filed against each public entity.' E. Fraud. 'See penalty for fraudulent claims,Penal Code Sec. 72 at the end ofthis'form. RE: Claim By Reserved for Clerk's filing stamp Against the County of Contra Costa or ) ® , District} (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of S f' and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 4L IE A 7V 2. Where did the damage or injury occur?(Include city and county) t 3. How did the damage or injury occur? (Give full details; use extra paper if required) eX , '' � ' 4. What particular act or omission on the Part of county or.district officers, servantsor employees caused the injury or damage? 5. What are the names of county or district officers,servants, or employees causing the damage or injury? 6. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) f /On f Q 47 7. How was the amount claimed above computed?(Include the estimated amouht of any prospective injury or N damage.) 8. Names and addresses of witnesses, doctors, and hospitals. 9. List the expenditures you made on account of this accident or injury. UATE TIME AM(3 T1TTTT***TTTTTT'TT'S'*1.TT+'FTTTTTTTT*+rT'TT.T*TTTTT'}'TTTTT*TT+�*�TTT*T*TT*TT***"I'TT.*T'I.T.*TT�+F*:T**TTT.TT - . } Gori. Code Sec. 910.2 provides"The claim must be } signed by the claimant or by some person on his behalf NI3 NOTIE 0: A me Name and Address of Attorney } , ` } (Claimant's Signa;,re) 023 } } (.address) v Telephone No. )Telephone No. NOTICE Section 72 of the Penal'`Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent clam,hill,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(S 1,000),or by froth such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. , 7 r.�4VTAO P i tle 42 �r F t -2 1.-43 ioic NO ------------ 00, Lit si f �,...,:;..�s } ;' .,....,v�,.n. y .,,� s.,�+- r. ,�$.- �o-..: ,N w:.: ,. 4 � .�wwzw 44 414: cze.LZ war 24 zafil s z d t?� 3#x u - CLAIM BOARD OF SUPERVISQU OF CQNTRA COSTA COUNTY BOARD ACTION. Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to,you is your California Government Codes. ) notice of the action taken on your claim by the, Board of Supervisors. (Paragraph IV°below), given Pursuant to Government Code section 913 and 915'x'. Please note all "Warnings". AMOUNT: IN `EXCESS OF $10,000.00 CLAIMANT: EDWARD HOHL ATTORNEY: JAMES M. ROGERS DATE''RECEIVED: OCTOBER 04, 2005 ADDRESS: TAW OFFICES OF JAMES M. `:ROGERS BY DELIVERY TO CLERK.ON: OCTOBER 04, 2005 1941 JACKSON STREET, RECEIVED FROM THE' OAKLAND, CA 94612 BY MAIL POSTMARKED: RECORDER FROM: Clerk of the Beard of Supervisors TO: County Counsel Attached is a copy of die above•noted claire, ,, Dated: OCTOBER 04, 2005 - ByrDe �uty JOHNHN SWEETE 1 IL llt3CIM: County Counsel. TO: Clark of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. { } This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days(Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to'apply'for leave to present a late claim (Section 911.3). { ) Other: Dated: 5--&-5- By: Deputy CountyCouns+ ITL''FROM: Clerk of the Board TO County Counsel (l) County Administrator(2) { ) Claim was returned as untimely with notice to claimant(Section 911.3), IV.,.-BOARD C)RDER: By unanimous vote of the Supervisors present: This Claim is rejected in full'. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:, + V22401.sf t° ` JOHN SWEETEN, CLERK,By , Deputy Clerk p Y WARDING(Gov. code seed n 913) Subject to certain exceptions,'you have only six(6)months from the date this notice was personally served or deposite in the mail to file a court action oe this claire. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter.If you want to consult an attorney, you should do so immediately. *For Additional'"Warning,See Reverse Side of This Notice. ' AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned,have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California,postage fulls prepaid a certified'copy of this Beard Order and Notice to Claimant,addressed to the claimant as shown above. Dated:/ JOHN SWEETEN, CLERK By Deputy Clerl LAW OFFICES JAMES M. ROGERS JAMES M.ROGERS 1941 Jackson Street Office:(510)444-4464 JUbfTH'W.MARSH Oakland;California 91612 Fax:(610)444-4460 September 26, 2005 Contra Costa County Clerk, Stephen L.Weir ' Main Street 0C N822 rtincz CA 94553 r 0 4. 2005 cc�aK eoggd ofi VIA CERTIFIED MAIL Cos � o� s CLAIM AGAINST PUBLIC ENTITY Name of Public Entity: Contra Costa County Name and Address of Claimant: Edward Hohl 1229 Rase Street Crockett,CA 94525 Send Notices To: Attorney Jaynes M. Rogers, Bina Ghanaat, paralegal 1941 Jackson Street, Oakland, CA 94612, (510)444-4464 x 311. Place and Date of Occurrence: Vaqueros& 3`d, Rodeo;July lb,,2005 Circumstances of Occurrence: Mr. Hohl was riding his bike when he hit a pothole and fell, landing on his shoulder, elbow and wrist, and cracking his collarbone. Description of Damage and Loss: Serious personal injury, medical''and other associated and incidental expenses, lost wages, Total Amount Claimed: In excess of$10,000;jurisdiction in Limited Court. Breakdown of Amount Claimed: General and specialdamages. Dated: September 26, 2005 Signed: ' James M. Rogers LAW OFFICES OF JAMES M. ROGERS Attorney for Claimant AIEND',�D Cll..�dil BUARD OF SUPERVISQRS OF CONTRA COSTA COUNTY BOARD ACTION.-`NC 4 OI.', 210051 Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Beard Action. All Section references are to } The copy of'this document mailed to you is your California Government Godes. ) notice of the action taken on your claim by the p;fir E E' Board of Supervisors. (Paragraph IV below) given'` Pursuant to Government Code Section 913.and SEP 2 7 2105 915.4. Please note all "Warnings". AMOUNT: EXCEEDS 10,000.00 FA.t7 T R N�Z CAk1F. CLAIMANT: TINNEY CONSTRUCTION CORPORATION ATTORNEY: CATHERINE G. BOSKOFF DATE iRECEIVED: SEPTEMBER 26, 2005 LEONIDOU & ROSIN ADDRESS: 5 THOMAS ice. oNCIRCLE, SUITE 205 BY DELIVERY TO CLERK.ON: SEPTEMBER 26, 2005 SAN FRANCISCO, CA 94134 RECEIVED FROM COUNT'S BY MAIL,POSTMARKED: MINSV.T. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN S! lerk SEP':l'E�IBER 26 2005 Dated. By: Deputy— II. ''FROM: County Counsel' TO: Clerk of the Board of Supe/visors' (This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on gr-(-and that it was filed late and send warring of claimant's right to apply for leave to present a late claim(Section 911.3). ( } Cather: Dated: / - —C ' By: Deputy County Counse III. FROM: Clerk of the Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). (1V. ARD ORDER; By unanimous vote of the Supervisors present: This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated t� -e rr''/ 0 JOHN SWEETEN, CLERK., By __ 4 ',J-- , Deputy Clerk WARNING(Gov. code secion 913) Subject to certain exceptions, you have only six(6)months from +he date this notice was personally'served or depositei in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of'your choice'in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under Penalty of pet jury that I am now, and at all times herein mentioned, have been a citizen of the United States,over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Datedtr�eN SWEETEN, CLERK By Deputy'Clez OFFICE OF THE COUNTY COUNSEL SILVANO B.MARCHESI COUNTY OF CONTRA COSTA " ' '` COUNTY COUNSEL Administration Building ,.® 651 Pine Street, 911 Floor ! ` $ • SHARON L. ,ANDERSON Martinez, California 94553-1229 CHIEF ASSISTANT 925 335-1800 E <F€ GREGORY C.HARVEY a'bltii\t" VALERIE J. RANCHE (925) 646-1078 (fax) $- .; A55I5TANT5 Y CO u NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM TO: Catherine Boskoff, Esq. LEONIDOU&ROSIN 5 Thomas Mellon Circle, Suite 205 San Francisco, CA 94134 Aidan Tinney, President Tinney Construction Corporation 575 Price Avenue, Unit C Redwood City, CA 94063 RE: CLAIM OF: Tinney Construction Corporation Please Take Notice as Follows: In regards to the claim you submitted on August 10, 2005 and the amended claim you submitted on September 26, 2005 on behalf of Tinney Construction Corporation, portions of the claims are timely and portions may be untimely. The portions of the claim prior to August 10, 2004 that you presented against the County of Contra Costa governed by the Board of Supervisors may fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2, because they were not presented within one year after the event or,occurrence as provided by law. Because the portions of the claims prior to August 10, 2004 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. Your only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the'Government Code. Page 1 You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. SILVANO B. MARCHESi COUNTY COUNSEL By: C,60 Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a 2015.5, Evid.Code, §§ 641, 664) I am a resident of the State of California,over the age of eighteen years,and not a party to the within action. My buiness address is Office.,of the County Counsel,651 Pine Street,9th Floor,Martinez, CA 94553-1229. On nP / Z ' , I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid,in the United States mail at Martinez, California addressed as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice,it would be deposited with the U.S. Postal Service on that same day with;,postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of P ifornia and the United States of America that the above is true and correct. Executed on 4th '� . � at Marti ,California. Kathleen O'Connell cc: Cleric of the Board of Supervisors(original) Risk'Management`' Page 2 '4 I,EONIDOU& ROSIN PROFESSIONAL CORPORATION ATTORNEYS AT LAW 5 THOMAS MELLON CIRCLE (415)715-2860 SUITE 205 ---------- SAN FRANCISCO,CA 94134 FACSIMILE(415)715-2870 COUNTY COUNSELSeptember 22, 2005 MpgrINEZ CALL Via Facsimile and Certified U.S. Mail Monika L. Cooper Deputy County Counsel OFFICE OF THE COUNTY COUNSEL County of Contra Costa 651 Pine Street, 9h Floor Martinez, VA 94553-1229 Re: Tinney Construction Corporation/Government Code Claim/Notice of Untimeliness as to Potion of Claim Dear Ms.Cooper: This firm is legal counsel to Tinney Construction Corporation, ("TCC'). We are writing today to address issues raised in your undated letter with respect to the County of Contra Costa's("County") determination that portions of TLC's claim, submitted pursuant to Government Code Sections 900 et seq., is untimely. (As the letter is undated, a copy is attached for your reference.) Please be advised that your analysis of Government Code Sections 911.4 to 912.2, the authority you have relied upon to farm the basis for your opinion that the claim is late, is misguided. Without engaging in a protracted legal review of applicable case law, I would like you to consider the following: Government Code §901-Date of Accrual of Cause of Action—provides in relevant part that"[f]or the purpose of computing the time limits prescribed by Section(s) 911.2. . . .,the date of accrual of a cause of action to which a claim relates is the date upon which a cause of action would be deemed to have accrued within the meaning of the statue of limitations which would be applicable thereto. . .." Here,the date of accrual of TCC's cause of action against the County commenced September 22, 2005 Page 2 of 2 on April 19,2005, the date the County accepted TCC's contract as complete and accessed liquidateddamages . Under California law, the time period within which a Government Cade claim for breach of contract must be fled begins at precisely the same time the statute of limitations for a cause of action for breach of contract accrues. Where a contract is executory, as here, a breach of contract does on accrue until completion or abandonment of the contract. Union'Sugar"Co. v. Hollister Estate Co., 3 Cal 2d. 740, 745-746 (1935). TCC's cause of action again the County, for purposes of the statute of limitations and Government Code provisions, accrued at the time the County accepted the project as complete, filed its notice of completion and improperly assessed LD's, or on April 19, 2.005. Government Code §911.2-Time of presentation of claim; limitations -is not a six- month statute for contract causes of action. The six-month limitation only relates to tort causes of action. Therefore, your assertion that TCC's claim is not timely as a matter of law, is incorrect. Please re-submit TCC's full claim to the Board of Supervisors as required. TCC's claim was timely submitted.Therefore,the County's rejection of portions of the claim on the basis of untimeliness is improper. Very truly yours, Catherine G. Boskoff Attachment cc: Aidan Tinney James Diwik, Esq. I On that date,I personally appeared before the County's Board of Supervisors to object to Consent Calendar item C-68,recommending the levy of liquidated damages. After testimony,the Board adopted the recommendations of the General,Services Director,assessed liquidated damages and directed that the Notice of Completion be filed. I advised the Board that TCC would file its government code claim within the statutory time periods. a Because the Board withheld more than$383,000 from TCC's contract,the claims resolution procedures pursuant to the Contract Specifications and Public Contract Code§20104.2(Contracting By Local Public Agencies:RESOLUTION OF CONSTRUCTION CLAIMS)are inapplicable. TCC never received its "final payment,"as required,before the non judicial remedies under the PCC and the Contract are triggered. 00074669 OFFICE OF THE COUNTY COUNSEL 51LVANCt B MARCHE51 COUNTY OF CONTRA COSTA �*,° �. ���, COUNTY COUNSEL Administration Building �,'� � "+`� 514ARON L.ANDERSON 651 Pine Street, 91h Floor *,.• ,� CHIEFAss=Aw Martinez, California94553.1229 i GREGORY C.HARVEY (925) 335-1800 in: t ;' VALERIE J. RANcHE (925) 646-1078 (fax) �; �* Asstmws NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAVI TO: Catherine Boskoff,Esq. LEONIDOU&ROSIN 5 Thomas Mellon Circle, Suite 205 San Francisco,CA 94134 Aidan Tinney, President Tinney Construction Corporation 575 Price Avenue, Unit C Redwood City,CA:94063 RE: CLAIM OF: Tinney Construction Corporation Please Take Notice as Follows: In regards to the claim you submitted on August 10, 2005, on behalf of Tinney Construction Corporation,portions of the claim are timely and portions are untimely.' The portions of the claim prior to February 10,2005 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2,because they were not presented within six months after the event or occurrence a provided bylaw. Because the portions of the claim prior to February 10, 2005 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. Your only recourse at this time is to apply without delay to the County of Contra Costa.governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely., See Sections 911.4 to 912.2, inclusive,and Section 946.6 of the Government Code. Under some circumstances,leave to present a late claim will be granted. See Section 911.6 of the Government Code. Page 1 You may seek the advice;of an attorney of your choice in connection with this matter. If you desire to consult an attorney,you,should do so immediately. SILVANO H. MARC:HESI COUNTY COUNSEL By; Monika L.Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ.Proc.,§§ 1012, 1013a,2015.5;Evid. Code, §§ 641,664) 1 am a resident of the State of California,over the age of eighteen years,and not a party to the within action. hely businessass is Office of the County Counsel,651 Pine Street,9th Floor,Martinez,CA 94553-1229. On August l 05,l served a true copy of this Notice of Untimeliness as to a Partisan of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid,in the United States mail at Martinez,California addressed as set forth above. 1 am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice,it would be deposited with the U.S.Postal Service on that same day with postage thereon fully prepaid'in the ordinary course of business I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on August W.2005,' at Martinez,California. a" I -�"7 A leen(O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 Office of the County Counsel Contra Costa County 651 PineStreet, 9th 'Floor' Phone: (925)335-1800 Martinez, CA 94553 Facsimile: (925)335-1865 Writer's Direct Dial: (925)335-1885 Date: September 26, 2005' S Ep26 To Clerk of the Board of Supervisors o� pkaoAet0 ?00 Attn: Emy Sharp, Deputy Clerk o� From: Silvano B Marchesi, County Counsel By: Monika L. Cooper, Deputy County Counsel ' Re:' Amended Government Tort Claim of Tinney Construction Corporation Please process the attached as an Amended Claim. Thank you for your assistance. Please call with any questions.' Attachment CONFIDENTIAL ATTORNEY CLIENT DOCUMENT