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HomeMy WebLinkAboutMINUTES - 12122006 - C.19 "�CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ® � BOARD ACTION: DECEMBER 12, 2006 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 California Government Codes. ) onyo your ye of the action taken T on our claimm bb the Board of Supervisors. (Paragraph IV below), NOV 0 8 HH given Pursuant to Government Code AMOUNT: $50,000,000.00 Section 913 and 915.4. Please note all COUNTYCOUNSEL "Warnings". MARTINEZ CALIF. CLAIMANT: ANDREW COLE, KENNETH COLE AND SHANAH COLE ATTORNEY: WILDA L. WHITE, Esq. DATE RECEIVED: NOVEMBER 07, 2006 ADDRESS: WALKER, HAMILTON & WHITE 50 FRANCISCO STREETBY DELIVERY TO CLERK ON: NOVEMBER 07, 2006 , SUITE 460 SAN FRANCISCO, CA 94133 BY MAIL POSTMARKED: NOVEMBER 06, 2006 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN, C rk Dated: NOVEMBER 07, 2006 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Su ervisors ( 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: �l��`(�o� By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) O Claim was returned as untimely with notice to claimant (Section 911.3). 1V. WARD ORDER: By unanimous vote of the Supervisors present: (vf 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. DateAse=_ J�'m_' OHN CULLEN, CLERK, By Deputy Clerk WARNING (Gov. cod section 913) ' Subject to certain exceptions,you have only six(r) months from the date this notice was personally seined or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection witln this matter. If you want to consult an attorney,you should do so innnediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I ani now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 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. DatedAcz-pw e, JOHN CULLEN, CLERK By Deputy Clerk FA. A :09 CONTRA COSTA COUNTY CLERK OF THE -s 914159961619 NO.744 P02 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT lating to a cause of action for death or for injuryto person or to personal property or rops shall be presented not later than six months after the accrual of the cause of claim relating to any other cause of action shall be presented not later than one year ccrual of the cause of action. e 6 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. Baas moaaaaams amsasmmmsesaamamseaa amaeesamambsam mmmaaeaasao amemmasa ae mms•mam mm m RE: Claim By: Reserved for Clerk's filing stamp Andrew to lei irenne1461e' and Shanah Core ) Against the County of Contra Costa or ) NOV C�AKa O 2��6 eoun� O� Cies Jher,N OFr District) CL) Aq ops, (Fill in the name) ) CosrgCo� s The undersigned claimant hereby makes claim. against the County of Contra Costa or the above-named district in the sum of S 50,Opp, oat S and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) May 71 2006 2. Where did the damage or injury occur? (Include city and county) See AHachmenf 3. How did the damage or injury occur? (Give full details; use extra paper if required) See A?ge?chrneAt 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? See Pi4achmen 6 5 What are the names of county or district officers, servants, or employees causing the damage or injury? Un kno w a 11/052006 10:09 CONTRA COSTA COUNTY CLERK OF THE 914159851518 r1o.X44 ups 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) See Agochrreni 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) See HHachment 8. Names and addresses of witnesses, doctors, and hospitals: SG'e AAachmen{ 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT SPC f1KaGhrna�f saga a a a a a a a a 0 a 00 a 0 a a a 0 a a a a a 0 a a s a d a Baas 00 a 00 a as a as0 .as aaa•a s sa•a a 0 a as a 0 a 0 a a a a a a,a a a 0 al ) Gov. Code Sec. 910.2 provides"The claim shall be ) signed by the claimant or by some person on his )behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney Wilda L. Whife, Eso. I (C-WwwaVs Signature) Representatives Walter Hymi1&12 ¢ Whii e (Address) i So Franusca �4reei Sm ie 5140, 5F GR 94J33 I, Telephone No. (g16) Ty6 - 333 9 ) Telephone No. (4 J s) 9 A. - 3339 o a 0 n 0a a ago@a a a won a a#Gov s•0 a as 0 a agog g a Mae■0 a 0a ago 0%aoo•a.as a..a eggs a at 00 a s a now ao a01 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, SS 6500 et seq.) Furthermore, any attachments,addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. e0sa/gaa0 a 100a o 0 1 as 0a15a a 00 a 90a►9 0a a..o as 0.O aa050a aso.aa00a00as0sas0aa00a0aaon.0o00- NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either.by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars (x10,000), or by both such imprisonment and fine. ATTACHMENT Claim Presented to the City of Oakley Andrew J. Cole, Kenneth Cole, and Shanah Cole V. City of Oakley 4. What happened and why is the City responsible. The City of Oakley is responsible for claimants' injuries because they maintained a policy that put the public in danger by allowing its police officers to recklessly pursue out-of- control drivers. Pursuant to this policy, as described below, the City of Oakley put in motion a reckless pursuit of a criminal suspect, which precipitated the suspect's collision with Andrew Cole who was legally riding his motorcycle on a public road. On May 7, 2006,Andrew J. Cole, a 21-year-old who had been out for dinner with his parents, Kenneth and Shanah Cole,was riding his motorcycle to his home in Livermore, with his parents following behind in their motor vehicle. The Coles wished to proceed southbound on I-680 and proceeded east on Olympic Boulevard in Walnut Creek in order to do so. At about 1900 hours, City of Oakley police officers initiated a high-speed chase of a 1996 Olds Cutlass operated by Kenneth Earl Williams, a parolee with a prior conviction for Vehicle Code §2800.2, evading police officers. The Traffic Collision report prepared in this Cole et al.v.City of Oakley Claim Presented to the City of Oakley Page 1 of 4 of Attachment Attachment Board of Supervisors of Contra Costa County Andrew Cole;Kenneth Cole;and Shanah Cole A County of Contra Costa County (Sheriffs Department) 2. Where did the damage or injury occur? I-680 S/B from EB Olympic Boulevard; 347 feet south of Olympic Boulevard according to Traffic Collision Report Local Report No. 5-88. 3. How did the damage or injury occur? According to Traffic Collision Report Local Report No. 5-88, at about 1938 hours on May 7, 2006, the County of Contra Costa Sheriff Office got involved in a high-speed pursuit of a 1996 Olds Cutlass being operated by Kenneth Earl Williams, a parolee with a prior conviction for Vehicle Code §2800.2, evading police officers. The Traffic Collision report prepared in this case specifically notes that Williams was an individual known to drive with"gross disregard for the safety of the other motorist he placed at risk." Nevertheless, the County of Contra Costa Sheriff Office continued its pursuit, and approximately four minutes into the pursuit requested the California Highway Patrol to take over the pursuit. The CHP took over the pursuit both by land, and by air using a CHP helicopter. As a direct result of the actions of the County of Contra Costa Sheriff Office, CHP officers chased Williams on SR-4,then SR-242,then I-680 southbound,then South Main Street in Walnut Creek, until Williams entered I-680 going against traffic. At this point the CHP motor Cole et al. v. County of Contra Costa Page 1 of 4 of Attachment vehicles backed off,while the helicopter continued flying after him. Williams drove north in the southbound lanes a short distance to the run out for the on-ramps for Olympic Boulevard, at which point he tried to exit. As these events unfolded but unbeknownst to him, Andrew J. Cole, a 21-year-old who had been out for dinner with his parents, Kenneth and Shanah Cole,was riding his motorcycle to his home in Livermore, with his parents following behind in their motor vehicle. The Coles wished to proceed southbound on I-680 and proceeded east on Olympic Boulevard in Walnut Creek in order to do so. Williams, in the meantime, went from the run out to the eastbound Olympic Boulevard on-ramp to southbound 1-680. Andrew Cole was legally ascending the same on-ramp in the opposite direction. Andrew Cole was unable to see or avoid the oncoming vehicle. Williams collided with Andrew Cole. 4. What particular act or omission on the part of the county or district officers, servants, or employees caused the injury or damage? The County of Contra Costa Sheriff Office, through its employees, officers, representatives, and/or contractors put into the motion the events which culminated in the nearly fatal collision. Given the history of the pursued suspect, his known identity,the danger to the public, it was reckless to continue the pursuit or aid in its continuance. 5. What are the names of county of district officers, servants, or employees causing the damage or injury? Unknown. Cole et al. v. County of Contra Costa Page 2 of 4 of Attachment 0 6. What damage or injuries do you claim resulted? Andrew Cole had his body ripped apart on impact. He has lost a leg and multiple organs. He has lost function in all of his limbs, as well as in his bowels and bladder. He may have lost his ability to procreate. His medical expenses to date are approximately$2,000,000 and are ongoing. His wage loss is $35,000 to date and expected to be in the millions. He may need around-the-clock care for life, and will definitely need customized living and transportation facilities. His parents, Kenneth and Shanah, claim emotional distress for witnessing the accident to their son and its aftermath. Their claims exceed $10,000 and cannot be further delineated pursuant to Government Code §910(f). 7. How was the amount claimed above computed? Their claims exceed$10,000 and cannot be further delineated pursuant to Government Code §910(f). 8. Names and addresses of witnesses, doctors, and hospitals: Witnesses are those listed in Traffic Collision Report Local Report No. 5-88. 9. List the expenditures you made on account of this accident or injury. Their claims exceed $10,000 and cannot be further delineated pursuant to Government Code §910(f). Cole et al. v. County of Contra Costa Page 3 of 4 of Attachment 0 PROOF OF SERVICE My business address is 50 Francisco Street, Suite 160, San Francisco, California 94133. I am employed in the County of San Francisco,where this mailing occurs. I am over the age of 18 years and not a parry to the within cause. On the date set forth below, I served the foregoing document(s) described as: Claim Presented to the County of Contra Costa on the following person(s) in this action by placing a true copy thereof enclosed in a sealed envelope addressed as listed below, with postage for Certified Mail delivery fully prepaid: Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on November 6, 2006, at San Francisco, California. nie Reasoner Cole et al. v. County of Contra Costa Page 4 of 4 of Attachment WX-1w7;W WALKER. HAMILTON &WHITE <*006 November 6, 2006 °ON 9 o TUp� �°o9�is°qs Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 Re: Cole v. County of Contra Costa To Whom It May Concern: Enclosed please find an original and 2 copies of a government claim in this matter. Please process the claim and return 1 copy in the enclosed stamped envelope, with some notation of its receipt in your office. Thank you for your help with this. Sincerely, Annie Reasoner Paralegal /ar Encl: as noted www.walkerhamiltonwhite.com 50 FRANCISCO STREET. SUITE 460, SAN FRANCISCO,CA 94133-2100 TEL 415 986-3339 FAX 415 986-1618 I o %\ �\® \� �2R \� ~ � -15 \ 0 «z ® 00 $ k ƒƒ \ \ \ q . � \ g/ 3 0 \ r\ f tr eo ct inLn @ k\ © 4 % � . \ Ln CLAIM • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: DECEMBER 12, 2006 Claim Against the County, oi• 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 California Government Codes. ) you is your notice of the action taken D 91 l! Cr° ) on your claim by the Board of Supervisors. (Paragraph IV below), NOV 13 2006 given Pursuant to Government Code Section 913 and 915.4. Please note all AMOUNT: UNKNOWN COUNTY COUNSEL "Warnings". MARTINEZ CALIF. CLAIMANT: MARY KHODAR, JADE KHODAR-FISHER AND JASMINE KHODAR-FISHER ATTORNEY: CASEY A. KAUFMAN DATE RECEIVED: NOVEMBER 13, 2006 THE BRANDI LAW FIRM ADDRESS: A MONTGOMERY STREET, BY DELIVERY TO CLERK ON: NOVEMBER 13, 2006 SUITE # 1050 SAN FRANCISCO, CA 94104 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is,a copy of the above-noted claim. JOHN CULLEN 1 Dated: NCVEMBER 13, 2006 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of S pervisors ( 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: �' �7' 6 By: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV. ,BOARD ORDER: By unanimous vote of the Supervisors present: (� This Claim is rejected in full. 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,o�P �a30HN CULLEN, CLERK, ByDeputy 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 deposited in the mail to file a covet 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 NVarning 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. DatedykezepvAC JOHN CULLEN, CLERK By Deputy Clerk 11/09/2006 15:23 CONTOOSTR COUNTY CLERK OF THE 4 91415CO673 NO.752 1703 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in boom 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form: rrrrrrrYrlrrrrrrrrrrrrrrr■.rrrrrrr•rrrrrrrrrrr.rrr•r•r r r r•••■►r r 0 r•••■■we awe■I RE: Claim By: Reserved for Clerk's filing stamp Mary Khodar, Jade Khodar-Fished and Jasmine Khodar-Fisher RECEIV Against the County of Contra Costa or ) NOV 13 2006 District) (Fill in the name) ) CLERK BOARD OF SUPERVISORS CONTRA COSTA Co. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$„n k n mown and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Please see Attachment "A" 2. Where did the damage or injury occur? (In.clude city and county) Please-See Attachment "A" 3. How did the damage or injury occur? (Give full details; use extra paper if required) Please see Attachment "A" 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Please See Attachment "A" 5 What are the names of county or district officers, servants, or employees causing the damage or injury? Please See Attachment "A" 11/08/2006 15:23 CONTROSTR COUNTY CLERK OF THE 4 914156EO73 NO.752 902 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) Please see Attachment "A" 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Please See Attachment "A" S. Names and addresses of witnesses, doctors, and hospitals: Unknown at this time, please ..see Traffic Collision Report No. 06-12843 9. List the expenditures you made on account of this accident or injury; DATE TIIy1E Ay10L>NT Please::see Attachment "A" � ����■■�M�������a��������o���a•■•s a�����������u•��s�����������������������������o� ) Gov. Code Sec. 910.2 provides"The claim shall be )signed by the claimant or by some person on his ) behalf." SEND NOTICES TO: (Attorney)) Name and address of Attorney ) Casey A. Kaufman ) The Brandi Law Firm ) (C1 man's Sign e) 44 Montgomery St. Ste. ld50 San Francisco, CA 94104 44 Montgomery St. , Ste. 1050, San Francisco )__ (Address) CA, 94104 ) Telephone No. 415-989-1800 )Telephone No. 415-989-1800 •��������u���������s������������r������e a •ecrme mesa rosrgsvar PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. .wwrwraffeve•■686018wasse•666966066•■and@@@6865806•■69266656r0■4956rpr.p•■ra•6084894e1 NOTICE: Section 72 of the Penal Code provides: i 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 batt such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by bath such imprisonment and fine. II I 0 0 ATTACHMENT A 1. Claimants Mary Khodar and minors Jade Khodar-Fisher and Jasmine Khodar-Fisher, are informed and believes and, upon such information and belief, alleges that Contra Costa County(hereafter, "CONTRA COSTA")by and through their authorized agencies, agents, servants, and employees were charged with the responsibility of designing, constructing, operating, signing, maintaining, repairing and regulating the area commonly known as the intersection of Alcosta Blvd. and Bollinger Canyon Rd. and the adjacent areas, San Ramon, Contra Costa County, State of California(hereafter the "SUBJECT INTERSECTION"); including,but not limited to, the installation and maintenance of shoulders, signs, traffic controls, striping, or other delineation and/or warning at or near the accident site. 2. CONTRA COSTA negligently and carelessly designed, warned, failed to warn, constructed, created, maintained, repaired, owned, operated, controlled, signed, and regulated the aforementioned SUBJECT INTERSECTION, thereby creating a dangerous condition by: • failure to warn of, and/or prevent and/or correct a "dangerous condition" (a condition of property that creates a substantial [as distinguished from a minor, trivial or insignificant] risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used) on, or immediately adjacent to, public property; • failure to provide suitable signs, signals or devices to warn about hidden hazards of the SUBJECT INTERSECTION and surrounding area that create a trap; • failure to maintain and program adequate signs, signals or devices at or near the 1 ATTACHMENT A TO GOVERNMENT TORT CLAIM 0 0 SUBJECT INTERSECTION including failure to provide proper sequence, timing, and synchronization of signals; • failure to provide curbs, signs, signals, devices, dividers, pavement, shoulders, superelevation, striping at or near the SUBJECT INTERSECTION; • failure to provide and/or construct and/or maintain safe and adequate lanes, turning areas, lane designations at or near the SUBJECT INTERSECTION; • failure to adequately warn of the dangerous and unsafe conditions described above contributed to this accident by failure to provide notice to motorists using the SUBJECT INTERSECTION of the dangers that lie ahead (as itemized above) which would have allowed motorist to anticipate and better respond to such dangers, thereby creating a trap for motorists. 3. CONTRA COSTA failed to take reasonable or adequate measures to protect users of the road including plaintiff against driving accidents resulting in serious injuries to such users, including plaintiff, which were at all times foreseeable to said CONTRA COSTA. 4. The aforesaid negligence of CONTRA COSTA created and caused dangerous conditions in that said conditions created a substantial risk of the type of injury hereinafter alleged when CONTRA COSTA's property was used in a foreseeable manner. 5. CONTRA COSTA had actual and/or constructive notice of the defective and substantially dangerous conditions a sufficient time prior to plaintiffs injuries to have taken measures to protect against the dangerous condition. The actual notice existed because CONTRA COSTA and/or its employees and agents had actual knowledge of the existence of the condition and knew, or should have known, of its dangerous character 2 ATTACHMENT A TO GOVERNMENT TORT CLAIM 0 0 since CONTRA COSTA and/or its employees and agents owned, constructed, maintained and created said condition. 6. Constructive notice existed because the condition had existed for such a period of time and was of such an obvious nature that CONTRA COSTA, in the exercise of due care, should have discovered the condition and its dangerous character. The existence of the condition and its dangerous character would have been discovered by an inspection system that was reasonably adequate to inform CONTRA COSTA whether the property was safe for the use or uses for which CONTRA COSTA used or intended others to use the public property and for uses that CONTRA COSTA actually knew others were making of the public property, including but not limited to visual inspections of the roadway in use and examination of traffic safety data readily available to CONTRA COSTA. During the course of any such reasonably adequate inspection, CONTRA COSTA would have discovered the conditions, and their dangerous character, as listed in paragraph 2, above. 7. In light of the notice to CONTRA COSTA and its agents and employees, CONTRA COSTA's failure to adequately sign, remedy, or otherwise warn of the dangerous condition of the road, the failure to post adequate signs or other warning devices to guard or warn against the dangerous condition of the roadway, and the failure to provide adequate signs or remedial measures, caused a trap to exist for people approaching and proceeding on the SUBJECT ROADWAY. 8. On May 18, 2006 at approximately 0904, Claimants were traveling westbound on Bollinger Canyon Road approaching its intersection with Alcosta Blvd. with a green light in their favor when another vehicle driven by Lynn Misa Nishimura 3 ATTACHMENT A TO GOVERNMENT TORT CLAIM 0 0 traveling northbound on Alcosta Road entered the intersection and collided with Claimants' vehicle. 9. As a direct and proximate result of the aforementioned conduct of CONTRA COSTA, Claimants were caused to sustain serious and permanent injuries to their bodies and minds and have been compelled to undergo a course of severe pain and suffering of both mind and body and to sustain general damages. 10. By reason of the premises, claimants have been compelled to incur obligations, as and for medical care, medicines, x-rays, hospitalization, and medical supplies, and will in the future be compelled to incur additional obligations therefor and other incidental expenses. Claimants do not at this time know the reasonable value thereof but prays that the same may be inserted herein when ascertained. 11. By reason of the premises, claimants have been deprived of his earnings and earning capacity and the ability to engage in claimant's usual and customary activities and will in the future be deprived thereof. Claimants do not at this time know the reasonable value thereof, but pray that the same may be inserted herein when ascertained. 12. By reason of the premises, Claimants claim prejudgment interest. Claimants do not know the reasonable value thereof but prays that the same may be inserted herein when ascertained. 4 ATTACHMENT A TO GOVERNMENT TORT CLAIM CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY c BOARD ACTION: DECEMBER 12, 2006 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 California Government Codes. ) you is your notice of the action taken on your claim by the Board of p �5 (��� j� Supervisors. (Paragraph IV below), jj�7 V given Pursuant to Government Code AMOUNT: $250,000.00 N10 13 200 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: VICKI OWENS-HOLDT�'COUNSEL RTINEZ CALIF. ATTORNEY: MARK MCLAUGHLIN DATE RECEIVED: NOVEMBER 13, 2006 ADDRESS: 3012 LONE TREE WAY #300 BY DELIVERY TO CLERK ON:NOVEMBER 13, 2006 ANTIOCH, CA 94509 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. NOVEMBER 13 2006 JOHN CULLEN, ler Dated: ' By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (�nis 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). O 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: A ��`��O By:"o t Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for /this date. DatedL/�iL��e�'/ OHN CULLEN, CLERK, By. Deputy Clerk WARNING (Gov. code section 913) V Subject to certain exceptions,you have only six(6) months from the date this notice was personally seined or deposited in the mail to file a court action on this claim. See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. Ifyou want to consult an attornev,you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING 1 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. DatedACG7whe_ JOHN CULLEN, CLERK By Deputy Clerk C1Aim td: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than 100 ,days after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *. III * * * * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp VICKI OWENS-HOLDERMAN ) RECEIVE® Against the County of Contra Costa ) NOV 1 3 2006 or ) CLERK BOARD OF SUPERVISORS District) CONTRA COSTA Co. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 250, 000.00 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) 5-12-06 at approx. 630pm ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) area to the south of south sidewalk of West Ruby Street between Oakley Park and/or Oakley elementary school and Norcross and Duarte Streets . (see attached copies of photos) ----------- -------------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) Claimant stepped of sidewalk intending to go thru gate to ballfield when she stepped in hole and injured foot. See attachment #3 for more details. ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? the governmental land owner or party maintaining area permitted a hole which was about one foot below surface of sidewalk in area where people commonly walk from sidewalk to gate to ball field. (over) CLAIM PRESENTED TO THE Board of supervisors,_ Contra Costa County,Ca CLAIMANT: Vicki Owens-Holderman Statement #3 There is a break in fence which acts as an entryway to ballfield at Oakley Park and/or Oakley Elementary School. Claimant stepped off sidewalk intending to go through the break in fence. The dirt area immediately to south of sidewalk between the sidewalk and break in fence was approximately 6 inches below level of adjacent sidewalk. Further,the dirt area contains a hole that was approximately 8 inches below level of dirt. Claimant stepped off sidewalk into hole and broke her foot. We are uncertain whether School District or City of Oakley owns land where accident happened so we are ffill n claims with each entity. We are also uncertain whet�egr the County owns ormaintains the land where the accident happened so this claim is presented because. the land is situated in Contra Costa County. 1 f ALCGHGL;C � 5KAiE30AR05 rCy• 'jt"°i �-'-- `�'��*. r � a. � .k 4Y aJ� �} �_,r` a 1ff►sur.... l low- t' �,fte F'�5,�; T�;,x,�• t i ��yy�� 1�,��]`%! X'f'Ys'ry§.no!.;- 1 � AM W�,��4, –{�Y 1`'s.. d•w.. - *^ FNa } r'1 l t� il `e. ( 5�,r`s€ `rnlx4 N 4 t LIP, . �7 ,��' `sm'v �4 v , a `yl �wu�f.fii,r ��S,y�k��t��44�'� 6tr4,•"gip a �i �r rJ 5'`° � .3!' � L�: srll r ,. r�J s�i4=�`t kyr tit py ��r�x?1�,h 1r,���r y.11y�� � I w{yfJ v. °. 7{�94,� hF''•.'.`_H`."a+ti /�✓nxh tt�t itr.Gj r ` , . rt i�; of .s! ph.1 "`'i('x.�^kv6�a'igv,�Y'1'�t�3��n..S•�;'1'} �5�1'4�d�.t �"�Jdm��" I.r� S`a �,F3 r„'�K1nj�r'�t U41 ry'p, r y J '] ,Y r t }S` .f't� Y N�}757 yl'^ ,,y-4n+Y,�`�✓' hi„ys','"1px!' '.I / T ' ti..�°. �� J'G Pr}�y �' .t rL' P'lh y` x a f.q .,i rsa "SY F44�� �d !"ea '� S'�➢}t'41yLLr.2' 'y.SM C� l= } SSL••t ^`"'.Je°Nas � ��}��!y1f'J*yt'•'�3'#�Yh .S: + � ? �aN�9•.. Al - 1 ...`m`�+Y+t� � •r.Ll'�fy'�f^'S ���.e�, �r'� is}4x!r{b � k "`"G� ����.�.v.0 . '. �'�s6'd 5sF,x}pY"}f�,°�''r':"2„`tYt',N..}'J"'yqq tr• J . '�? ]Ft *;'4 r IMd� a�'a F7 l r .s r r­I_. �N�7­7�"`m'�nsl...rr {g ✓ti' �t C t. i r IMEE 4 'i n .4 ..� " ,,..v •��eezz.. {.:lyJ.ly�"7i*}"ICY t� -:� � _ i.,E.�.*r `� i:r -.•�M^�. e''i�.7� �m'�`tM x�n k" i 6v c+r".. �`-IT1Gµ��ariif�.`-�.rR`O JYY._di ".�I x4 ,S"f'f''YN�y., • ... ' y ...i. Y TY.�;Aa }1 A�•l�S�i J.(.'++Jli'1lt '?i FJ t �1IF R[f y�.f'4 fit* '.�'v y°� �..,E,., h!. x 0.,n=.ry����{wyF�„;"�"1�"`}`.}}x� �'7' h a-.1 x yiaa�"✓ �M4 ` .a•r..--v�`u"$cv.s so-+s.-i-�'°'���—•r 'a>�'s.�a^y# W± ry P^y',{Jr.'^�'tr..r 'siw�.'t���� q �*�jiF'�'� a"f*'�7."e`�'"��`n tt' y t'�6'- . :.� �,✓ z -�"`` t ws�-r-w ,r ;zr �s i..x"* !7'� � 4^� �r :_ t -?.-a t 1 e. 4';'e CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • BOARD ACTION: DECEMBER 12, 2006 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 California Government Codes. D VgII )M you is your notice of the action taken on your claim by the Board of NOV 1 2006 Supervisors. (Paragraph IV below), given Pursuant to Government Code COUNTY COUNSEL Section 913 and 915A. Please note all AMOUNT: $509.61 MARTINEZ CALIF. "Warnings". CLAIMANT: STATE FARM INSURANCE COMPANIES FOR: MONIQUE SHIELDS BY: ANNE ULRICH ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 15, 2006x ADDRESS: P.O. BOX 6406 BY DELIVERY TO CLERK ON: NOVEMBER 15, 2006 ROHNERT PARK, CA. 94927-9820 BY MAIL POSTMARKED: NOVEMBER 13, 2006 FROM: Clerk of the Board of Supervisors TO: County.Counsel Attached is a'copy of the above-noted claim. NOVEMBER 15, 2006 JOHN CULLEN, Clerk Dated: By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Superv' ors ( This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). O Other: Dated: 2-0-0(0 By: .(YIl^19p14Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV BOARD ORDER: By unanimous vote of the Supervisors present: ( . This Claim is rejected in full. 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 JOHN CULLEN, CLERK, By Deputy Clerk WARNING (Gov. code section 913) ` Subject to ce►tain exceptions,you have only six(6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection ,vidi 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 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 1,8; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated,A�Pwjg!�e,! �/0OHN CULLEN, CLERK By _Deputy Clerk • - STATE rARM ' r' State Farm Insurance Companies INSURANCE San Jose Operations Center PO Box 6406 November 10, 2006 Rohnert Park, CA 94927-9820 1 866 521 1975 FAX 800 440 6176 Clerk of the Board of Supervisors 651 Pine St . County Admin Bldg Martinez, CA 94553 RECE ED NAV 1 5' 2006 RE: Insured: Monique Shields CLERK BOARD OF SUPERVISORS Claim Number: 05-5334-826 CONTRA COSTA CO. — Date of Loss : September 22 , 2006 Dear to whom it may concern: Enclosed is the claim form completed on behalf of our insured, Monique Shields, for the above referenced accident . We have included photos of our insured' s vehicle and 2 copies of the repair estimate . Our investigation reveals that your insured, Hercules Fire Department, is 100% at fault for this accident for failing to maintain proper lookout . The damages to our insured' s vehicle are below her deductible; therefore, we request that you submit payment directly to our insured for her vehicle damages . Please send payment to: Monique Shields, 238 Malachite, Hercules, CA 94547 . Please contact us if you have any questions or concerns . We are required by California Insurance Regulations, Section 2695 . 7 (b) (3) , to advise you if you believe this claim, or any part of this claim, has been wrongfully denied or rejected, you may have the matter reviewed by the California Department of Insurance, Claims Service Bureau, 300 South Spring Street, Los Angeles, California 90013 , telephone 1-800-927-4357 . Sinc erely, Anne Ulrich x4769 Claim Representative (866) 521-1975 HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 Monique Shields Page 2 November 10 , 2006 State Farm Mutual Automobile Insurance Company Enclosure (s) : claim form/photos/estimates A BOARD OP'SUTERVISOPS OF CONTRA.CdSTA COMY 21STRUCTIONS TO 9APTA—U A. A claim relating to a cause of action for death or forinjuryto person at to peisariil PrOieiiy'b�r­ 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 bo,presented not later than one Year after the accrual of the cause of aotiurL (Cxov. Code § 911.2.) B, Claims must be Bled 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 Boni of Supervisors, rather than the County, the -naue of the District should be filled in, I). If the claim is against more than. one public entity, separate claims must be Bled against ewl-L public entity. E. Fraud. See penalty for fraudulent claims,Pend Code See.72 at the end of this form. saga ,E: claim B3r Reserved for Clerk's filing stamp AR, iaw I�fWel d c, RECEVED Against the County of Contra Costa or } 2000 District) ci=- (Fill iathe name) )- CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district iuthe gum of$ 150CLUI and in support of this claim represents as follows: 1. When did the damage or *MJUIY occur? (Give exact date and hour) �M -10.'j5aYY%- 2. Where slid the damage,or injury occur? (Include city and county) 4erude5, M 3. HOW did the damage or injury occur? (Give fail details;use extra pap Conga Costa. VAh I Z46 idiI VVI 130S, rcctr ovirav What Ch ,'c ad[ t'IM-11-A Mftwo�tu Oa� t K 4. V� ;Vtlor onalssion On e part of c=ty or district officers, savants, or employees caused the injury or damage? 4Y �//Y,V� lay 5 What are the names of county or district officers,servants,or employees causing the damage ormfm' ? aar, — 000 &00:6 90061 'AON F7- 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages T claimed. -Attach two est hates for auto damage.) Plewe seg oz Wwklt�, aLo t arra . 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage;) & �tP 8. Natures and addresses of witnesses,doctors,and hospitals: 9. List the expenditures you made on account of this accident or inM' ., DATE TINS AMOUNT [ aa ww„aaw tan kwaaawaa[[[[kwane■warty[wet[1aw■www[t.aawtt[rt[Rawww[[w:awRtaata. ) .Gov.Code Sec.910.2 provides"The claim shall be )signed by the claimant or by some person on his )behalf." SEND NOTICES TO: (Attq= 1 rn Name anti address of Attorney ) } {�ki -h (Claimant's Signature) Mmro et (Address) 232, a6%kt Telephone No. )Telephone No. Wo _ga r•[ae[[[ett[[aa[[[raawttaa a s GaAs k[[[[[wwawaa[wRUNG[kwww.wawwww[X/0[119 w on a[waw a wa„twwi 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 Callfbmk public Rccsords Act. (Gov. Code, 55 6500 et seq.) Furthermore, any attachments,addendums,or supplements attached to the claim form,including medical records, are also subject to public disclosure. ■am"s Ron.Ran aaawa4a a ww UK aso'a■wawwaatwtImam aa[[CIO aaw■aa aw[wtawtw.wtaaa am*[[[a*us*aa has NO'T'ICE: 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 offioer, or to any county, city, or distriot board or officer, anthorized to allow or pay the same if genuine, any false or fraudulevt olaim,bill, account voucher, or writing•, is punishable either by unprlsonmeot in the County jail for a period of not more than one year, by a flue of not exceeding oue thousand dollars($1,000.00), or by both such unprisonment 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. E 'd EL8 .ON 1N3W30VNVW ?I3?d no Wd40:Z 90H I 'AON ••••••••• RBZ 00 03 2 date: 11-08-06 time : 07 : 33 AM ro��e to. t7lziCh<<x.4 Ante STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VEHICLE DAMAGE REPORT claim number date of loss Q� '�a 3 •' S 09-22-06 Estimate Vehicle Info Vehicle Owner: SHIELDS, MONIQUE Vehicle Description: 00 Jaguar XKR 2D Conv SILVER -Artr -jrdr -.IrA -Ar -Artktr -Ar %k -jktt � � vIretk -jC -k -A- j+e --k- -jC -.rtk �Ar -Ar �k -jk -Ar �Ar �r �k �r -.+r � --k- Date: 11/6/2006 01:00 PM Estimate ID: 05-5334-82601 Estimate Version: 0 Committed Profile ID: *RICHMOND (PCP) State Farm Insurance Companies 1475 66TH ST EMERYVILLE, CA 95608 (877) 587-6200 Fax: (510) 985-7000 Damage Assessed By: WIL WILSON Appraised For: Rolando Eyzaguirre X4522 (866) 521-1975 Type of Loss: Collision Date of Loss: 9/22/2006 Deductible: 1,000.00 Claim Number: 05-5334-82601 Insured: MONIQUE SHIELDS Owner: MONIQUE SHIELDS Address: 238 MALACHITE HERCULES, CA 94547-1665 Telephone: Work Phone: (510) 724-9911 Home Phone: (510) 724-9911 Mitchell Service: 912262 Description: 2000 Jaguar XKR Body Style: 2D Conv Drive Train: 4.OL Superchg Inj 8 Cyl 5A RWD VIN: SAJJA42B8YPA02609 License: 4JSD146 CA Mileage: 21,547 OEM/ALT: A Search Code: B1PP Color: SILVER Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 201162 REF REFINISH REAR BUMPER COVER C 2.0 2 201164 BDY OVERHAUL REAR BUMPER COVER ASSY 2.2 3 201165 BDY REPAIR REAR BUMPER COVER Existing 0.5 * 4 AUTO REF ADD'L OPR CLEAR COAT 0.8 5 933003 BDY* ADD'L OPR TINT COLOR 0.5 * 6 AUTO ADDIL COST PAINT/MATERIALS 84.00* 7 900500 BDY* REPAIR HAZARDOUS WASTE REMOVAL Sublet 1.00* 0.0 * 8 900500 BDY* REMOVE/REPLACE FLEX ADDITIVE New 3.00* 0.0 * * - Judgement Item C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 11/6/2006 13:00:20 05-5334-82601 UltraMate is a Trademark of Mitchell International Mitchell Data Version: OCT_06_A Copyright (C) 1994 - 2006 Mitchell International Page 1 of 3 UltraMate Version: 5.0.215 All Rights Reserved Date: 11/6/2006 01:00 PM Estimate ID: 05-5334-82601 Estimate Version: 0 Committed Profile ID: *RICHMOND (PCP) Add'l Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 3.2 69.00 0.00 1.00 221.80 Taxable Parts 3.00 Refinish 2.8 69.00 0.00 0.00 193.20 Sales Tax a 8.750% 0.26 Non-Taxable Labor 415.00 Total Replacement Parts Amount 3.26 Labor Summary 6.0 415.00 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 84.00 Insurance Deductible 1,000.00- Sales Tax a 8.750% 7.35 Subtotal of Adjustments Exceeds Gross Total Total Additional Costs 91.35 Customer Responsibility 509.61- 1. Total Labor: 415.00 II. Total Replacement Parts: 3.26 III. Total Additional Costs: 91.35 Gross Total: 509.61 IV. Total Adjustments: 509.61- Net Total: 0.00 Point(s) of Impact 6 REAR CENTER (P) Inspection Site: D & M AUTO BODY Inspection Date: 11/6/2006 Body Shop: D & M AUTO BODY Address: 1085 Eastshore Highway Albany, CA 94710 Telephone: (510) 527-2639 Fax phone: (510) 527-2796 State Lic. No: 680271538 ESTIMATE RECALL NUMBER: 11/6/2006 13:00:20 05-5334-82601 UltraMate is a Trademark of Mitchell International Mitchell Data Version: OCT_06_A Copyright (c) 1994 - 2006 Mitchell International Page 2 of 3 UltraMate Version: 5.0.215 All Rights Reserved Date: 11/6/2006 01:00 PM Estimate ID: 05-5334-82601 Estimate Version: 0 Committed Profile ID: *RICHMOND (PCP) For your protection California Law requires the following to appear: Any person who knowingly presents a false or fraudulent claim for payment of a Loss is guilty of a crime and may be subject to fines and confinement in state prison. xwwwwwwwwwwwwwwxxxxxx,txxxxxxwwxwxwwwwwwxwxxxxxxxwwwxwxwxwwwwwwx This is an estimate. Repair facilities must inspect the vehicle to determine if any repair's not listed are required, and to contact State Farm before making such repairs. Repairer also is responsible for conducting any necessary inspection and safety checks prior to and after completing repairs. xxwxwwwwwwwwwwwxxxxxxwxxxxxxxxwxwwwwwwwwxxxxxxxxxxxwxwxwwwwwwwx ESTIMATE RECALL NUMBER: 11/6/2006 13:00:20 05-5334-82601 ULtraMate is a Trademark of Mitchell International MitchelL Data Version: OCT_06_A Copyright (C) 1994 - 2006 Mitchell International Page 3 of 3 ULtraMate Version: 5.0.215 ALL Rights Reserved Date: 11/6/2006 01:00 PM Estimate ID: 05-5334-82601 Estimate Version: 0 Committed Profile ID: *RICHMOND (PCP) State Farm Insurance Companies 1475 66TH ST EMERYVILLE, CA 95608 (877) 587-6200 Fax: (510) 985-7000 Damage Assessed By: WIL WILSON Appraised For: Rolando Eyzaguirre X4522 (866) 521-1975 Type of Loss: Collision Date of Loss: 9/22/2006 Deductible: 1,000.00 Claim Number: 05-5334-82601 Insured: MONIQUE SHIELDS Owner: MONIQUE SHIELDS Address: 238 MALACHITE HERCULES, CA 94547-1665 Telephone: Work Phone: (510) 724-9911 Home Phone: (510) 724-9911 Mitchell Service: 912262 Description: 2000 Jaguar XKR Body Style: 2D Conv Drive Train: 4.OL Superchg Inj 8 Cyl 5A RWD VIN: SAJJA42B8YPA02609 License: 4JSD146 CA Mileage: 21,547 OEM/ALT: A Search Code: B1PP Color: SILVER Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 201162 REF REFINISH REAR BUMPER COVER C 2.0 2 201164 BOY OVERHAUL REAR BUMPER COVER ASSY 2.2 3 201165 BOY REPAIR REAR BUMPER COVER Existing 0.5 * 4 AUTO REF ADDIL OPR CLEAR COAT 0.8 5 933003 BDY* ADDIL OPR TINT COLOR 0.5 * 6 AUTO ADDIL COST PAINT/MATERIALS 84.00* 7 900500 BDY* REPAIR HAZARDOUS WASTE REMOVAL Sublet 1.00* 0.0 * 8 900500 BDY* REMOVE/REPLACE FLEX ADDITIVE New 3.00* 0.0 * * - Judgement Item C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 11/6/2006 13:00:20 05-5334-82601 UttraMate is a Trademark of Mitchell International Mitchell Data Version: OCT_06_A Copyright (C) 1994 - 2006 Mitchell International Page 1 of 3 UttraMate Version: 5.0.215 All Rights Reserved Date: 11/6/2006 01:00 PM Estimate ID: 05-5334-82601 Estimate Version: 0 Committed Profile ID: *RICHMOND (PCP) Add'l Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 3.2 69.00 0.00 1.00 221.80 Taxable Parts 3.00 Refinish 2.8 69.00 0.00 0.00 193.20 Sales Tax a 8.750% 0.26 Non-Taxable Labor 415.00 Total Replacement Parts Amount 3.26 Labor Summary 6.0 415.00 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 84.00 Insurance Deductible 1,000.00- Sales Tax a 8.750% 7.35 Subtotal of Adjustments Exceeds Gross Total Total Additional Costs 91.35 Customer Responsibility 509.61- 1. Total Labor: 415.00 II. Total Replacement Parts: 3.26 III. Total Additional Costs: 91.35 Gross Total: 509.61 IV. Total Adjustments: 509.61- Net Total: 0.00 Point(s) of Impact 6 REAR CENTER (P) Inspection Site: D & M AUTO BODY Inspection Date: 11/6/2006 Body Shop: D & M AUTO BODY Address: 1085 Eastshore Highway Albany, CA 94710 Telephone: (510) 527-2639 Fax phone: (510) 527-2796 State Lic. No: 680271538 ESTIMATE RECALL NUMBER: 11/6/2006 13:00:20 05-5334-82601 UltraMate is a Trademark of Mitchell International Mitchell Data Version: OCT_06_A Copyright (c) 1994 - 2006 Mitchell International Page 2 of 3 UltraMate Version: 5.0.215 All Rights Reserved Date: 11/6/2006 01:00 PM Estimate ID: 05-5334-82601 Estimate Version: 0 Committed Profile ID: *RICHMOND (PCP) For your protection California Law requires the following to appear: Any person who knowingly presents a false or fraudulent claim for payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. wwxwwwwwwwxwxwxwxwxwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwxw*wxwxwwwww This is an estimate. Repair facilities must inspect the vehicle to determine if any repair's not listed are required, and to contact State Farm before making such repairs. Repairer also is responsible for conducting any necessary inspection and safety checks prior to and after completing repairs. wxxxwxxxxxxxxxxxxxxxxxxxxwxxxwwwxwxwwwwwwwwwwwwwwwwwwwwwwwwwwxw ESTIMATE RECALL NUMBER: 11/6/2006 13:00:20 05-5334-82601 UltraMate is a Trademark of Mitchell International Mitchell Data Version: OCT_06_A Copyright (C) 1994 - 2006 Mitchell International Page 3 of 3 UltraMate Version: 5.0.215 All Rights Reserved �q Y J. I 3`t f" �4 IL„ t $• YAll ANTI y ice. r F yy�' '6�aJ "Y a) �v 1 r y.�� J{srv� q�y� s � p�'S•5.,����,� P�� nF"='�t"� ,y� '^4d'4°r°� rc.`.*a��d 4�;i, �".CS a� ni Ta,�.lxi*�,^s ,.,F%���r .: '•:-9k.YC's;x�{s n�+r ,.a� rt ;r?�a pi, �r#:-'t"�. �. r 77, MWA YFrl�S'fi `"Y«h�r.` Mt C}dv i..V 1 yV �1 A ; � 1 Am- n j a I` �hpS J ti State Farm Claim Office -San Jose Operations Center, PO Box 6406 Rohnert Park, CA 94927-9820 FIRSP60191"U0624i MAIL r s z Z m �Qt CD • —1 C:i ygtD A,m _ 6 r� n VN O 9 N PRESORTED FIRST CLASS r , 9 o UNtTFO • S M Cu' 0�t 0 <� = 4 S� Ak /wty� f� N LM r ur �� Co u w rn N State Farm Claim Office San Jose Operations Center, PO Box 6406 Rohnert Park, CA 94927-9820 c H 81:�'CT=CLA RM Y^. r 9 F z ZA O to C2 U �a 014 a m 5 n C G Co N O 77 N • PRESORTED FIRST CLASS n o o UNITFO 9 N0 i.., in A- * `9 Do \> O OD I � W® A N f a 611 O CO O � W Of CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY C .6 BOARD ACTION: DECEMBER 12. 2006 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 California Government Codes t� you is your notice of the action taken D ��gLt on your claim by the Board of NOV 2 0 2006 Supervisors. (Paragraph IV below), given Pursuant to Government Code AMOUNT: UNKNOWN COUNTY COUNSEL Section 913 and 915.4. Please note all MARTINEZ CALIF. "Warnings". CLAIMANT: KATHY A. TEUTSCHEL ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 17, 2006 ADDRESS: 312 JACKSON STREET, BY DELIVERY TO CLERK ON:NOVEMBER 20, 2006 CROCKETT, CA 94525 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is,a copy of the above-noted claim. NOVEMBER 20, 2006 JOHN CULLEN, Cler Dated: By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supervisors (v�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: I)-2-0"C0(P By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (� This Claim is rejected in full. 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,Ae.Gv-;*,6e�!l;4FIN CULLEN, CLERK, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions,you have only six(n) months Brom the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so 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 1 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 clainnant as shown above. Dated444e v- a,6W JOHN CULLEN, CLERK By Deputy Clerk FAA. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSxRUCTIONS TO A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claims is against more than one public entity, separate claims must be filed against each public entity. E. Fraud.. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. •.�r•ruaaaa.a.asea■a■au aaaaammeseeasea..aruaa•asoaaasaaaaaaasaoa6araaaa■asas RE: Claim By: Reserved for Clerk's filing stamp MEMO Against the.Coun of Contra Costa or, R p tyty r... K�! �l?j°v.�j �.. �l�i�b� - Nov 1-7 2006 S 'L�d1 District) CLERK BOARDOFSUPERVISORS (Fill in the name CONTRA COSTA CO. The undersigned claimant her by makes claim against the County of Contra Costa or the above-named district in the sum of$amu Mand in support of this claim represents as follows: 1. When ,, 1 did jthe damage or injury occur? (Giv�jaetCdate and hour) j 2. Where did the�damage or U11N,occur? (Include city and county) 3. How did the damage or injuryoccur? ()Give full details;use extra paper if required) J,1 V�-h id tlCA`i� ') r �2 p 1,q _9 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? / All J�eF-),<ed E1602A et' 60, /,?�7 e '( 00 PfOL/lou-S 1-h 5 What are the names of county or district officers, servants,or employees causing the damage or injury? t 16.6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) I4l ill C X 1 Ce- ` Slc� UDr� i�►` nN�-�.e` t�o�2 i �! rs• 11 t Con }ce.l;�jA�( ( 2ti 7. How was the amount claimed above computed? (Include the estimated amoun of any _u prospective injury or damage.) S. Names and addresses of witnesses,doctors,and hospitals: -q- P-1-17ac,�off., NU2s�i An5 5> rI�G &R M 9. hist the expenditures you made on account of this accident or injury: t-ea) <-.'L1PZNJ1S&k DATE TME AMQUNT 6 PA r'' (ago■r■t■sees Ge■rmesa eeeeeem■mreages■sees am norm.a■m sem so a a■r■■remirage Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf.,' SEND NOTICES T0: (Attorney) ) Name and address of Attorney ) (Claimant's Signature) Telephone No. )Telephone No. . e•■■rerremoleeeremee■■Beres.emEdemas Ramada amps 1158069 saw■ee■r Hoe see■rremmseam a■Gemmel 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, S§ 6500 et seq.) Furthermore, any attachments, addendums,or supplements attacbed to the claim form, including medical records,are also subject to public disclosure. mass ease span so serf e■eeeee no r*mass■me■Erna■sour■■■manager eem■iee■JrGe sea r■■asses mn NOTICE; section 72 of the Penal Code provides: Every person who,with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000),or by both such imprisonment and fine. �f U� le - C cj o� � lie- P , ol aA �� �I ,Arts 1 Vo & oati l � f �1, C up yyj eep d, 5 CR5 5W OA kid-- � 1 CK- << i Cc 14, f IV-1 X47 00 t{ all- 4-7c hl ` �- "� � , P - `" Q i WSJ YT, �,- 47 Pet r 130 . � 4-r P No ii 6V i GO CAJ ( �1 s 14 45t � , � �- �� r y ` 5L a 0.1 4L v`� 6-9j I OAY4- 1�<71 � Q 1� � p � \ f � ��`�---gib � /� � /,�JD Y �`�o�otLS Il, ,�.Eti-o� ins - � �Vic,, 0 IL &Wv44) boy Ah CLAiM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: DECEMBER 12, 2006 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 California Government Codes. you is your notice of the action taken �� on your claim by the Board of Supervisors. (Paragraph IV below), NOV 2 1 2006 given Pursuant to Government Code Section 913 and 915.4. Please note all AMOUNT: $206.69 COUNTY COUNSEL MARTINEZ CALIF. Warning s„. CLAIMANT: KIMBERLY SMITH ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 20, 2006 ADDRESS: 1140 BAYVIEW FARM ROAD BY DELIVERY TO CLERK ON: NOVEMBER 20.';: 2006 PINOLE, CA 94564 BY MAIL POSTMARKED: NOVEMBER 17, 2006 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN, er Dated: NOVEMBER 20, 2006 By: Deputy 11 FROM: County Counsel TO: Clerk of the Board of SLfpervisoje ( This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: _//_ By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) O Claim was returned as untimely with notice to claimant (Section 911.3). IN, BOARD ORDER: By unanimous vote of the Supervisors present: ( 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. DatedA�1� oma✓/ HN CULLEN, CLERK, ByDeputy 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 deposited in the mail to file a court action on this claim. See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING Ideclare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United . States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated,A"v"60�JC3��JOHN CULLEN, CLERK By P Deputy Clerk BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be.presented not later than one year . after the accrual of the cause of action. (Gov. Code § 911.2.) a B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553, C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one.public entity, separate claims must be filed against each, public entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. ROME EEEMMEEUEEEEErMEN ■EE■■MMEMEaMEEOEeaeuuuEEM MM MEMO■EUEEseU■EEEEEEEEtEEI RE: Claim By: Reserved for Clerk's filing stamp +i(m bec-L 5m RECEVED Against the County of Contra Costa or ) NOV 2 0 2006 q�( jtic, War District) [CLERK BOARD OF SUPERVISORS illin the name) ( ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$.ao 4(o. 6%and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) �o�a�laoocvVPMY a 2. Where did the damage or injury occur (Include city and county) y Mcm5 ` inn PiNwo Avg G C, r .c.6/s1;:c QZLIC 1 . .1 --s 3. How did the damage or mi ury occur? (Give M details;use extra paptr if required) -T y1ae CL o+ OQooA CGLA` �`5 p::- Wa,5 66"a V;tnend 00� e� • -T'oca�arda) JP%i�f,N o t'1 . (Con. 4. What particular act or omission on the part of county or district officers, servants, or employees G caused the injury or damage? —Vle, M0 k0k,,1 % ..- •-he, Q)0-3:5 A& be n Yep+ 5 What are the names of county or dict officers,servants, or employees causing the damage or injury'(26ritco, ccdwx CEu'i`/ 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage:) -The �� &, *1r t� on � i N-ioer `k l� n • Wnr.1n -can !no's �(In � k( 7. How was the amount claimed above computed? clude the estimated amount of any prospective injury or damage.) -T1t\e, (a as + ('aric� nG`ti +tin, arNJ Q00. (CR eAftVAC5 mcw2d. S. Names and addresses of witnesses, doctors, and hospitals: y Ga lnare y a1Y t�acr a �4Air' l/ L@/e�a 1140 �i lli�.f0 crn PJL-�� �, e�a��l,5ld•¢ �� q 9. List the expenditures you made on account of thus accident or injury: �� DATE TIME AMOUNT am a■e roan manna m an M MR as a r i a MR an a■NORM,■sum■■a■none a a a aaa Ono■a as ata a its as lea a a a a a an a al .Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attomev) 1 Name and address of Attorney ) (Claimant's Signature) pay i �a_r Wo } (Address) Telephone No. )TeIephone No. (�Z�� 72 ''� Q ■muassBanas MasauManRMu a a ■an a Ranges sauna as masa ane a■■amount■asRuan■Nan a man susomMnu PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments,addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. ■Nes s u■■aasgas■Rau souse■ a■usasaasaenatassasN■Bananas Milano MORN■aRau■Mann■■■ORR■meant NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. UR.O O OF T/RESo , , R/R O O O R/F S `QUOTE # 11/16/06 15:57 Page... ,-`.1 # 0 U 0. T A T I 0 N * � Quote To: Employee #: 1 PH# QTY Gar^t # Description-------------- Price F.E. T. Total ------------------------- -------------- - 1.00 4NEX12092N 225/35R20 Z SPORT N3000(90'e)-BLK 169. 99 0. 00 169. 99 1.00 .PKGDLX . TIRE INSTALLATION PACKAGE 15.00 0.00 15. 00 INCLUDES: *#* On Tires Purchased * * Original Mount & Dismount Computer Balance Rubber Valve Stem Lifetime Rotation Flat Repairs cts..,. Prorated" War ran for Materials 8, Defe 1.00 SCRAP TIRE TAX TIREDISPSAL FEE3.00 0.00 3. 00 1.00 `SCRAP, r EE 1.75 0:00 1.75 h- Fr Air(psi) Rr Init. Torque lbs Init. Hand Torque Init. ADDITIONAL • ' I AGREE TO PAY REASONABLE STORAGE ON VEHICLE LEFT MORE THAN 48 HOURS AFTER - NOTIFICATION THAT REPAIRS ARE COMPLETED.YOU WILL NOT BE HELD RESPONSIBLE FOR PHONE NO. DATE CAVED LOSS OR IME BY DAMAGE TO VEHICLE OR ARTICLES LEFT IN CASE OF FIRE,THEFT.ACCIDENT OR ANY ' T AUTHORIZED BY ADD AMOUNT NEW TOTAL OTHER CAUSE BEYOND YOUR CONTROL. WORK AUTHORIZED I GRANT BIG O TIRES PERMISSION TO OPERATE THE VEHICLE HEREIN DESCRIBED FOR THE PURPOSE - -' OF TESTING. INSPECTION, INCLUDES REMOVAL OF WHEELS AND DRUMS FOR THE PURPOSE OF PHONE NO. DATE CALLED INSPECTING THE BRAKES,SERVICING,OR DELIVERY,I RELEASE BIG O TIRES FROM RESPONSIBILITY FOR TIME By . LOSS OR DAMAGE TO VEHICLE OR CONTENTS THEREIN,IN CASE OF FIRE.THEFT OR OTHER CAUSE BEYOND BIG O TIRE'S CONTROL I AUTHORIZE THE REPAIR AND SERVICE WORK LISTED ON THIS INVOICE ' AUTHORIZED BY ADD AMOUNT NEW TOTAL TO BE PERFORMED FOR THE AMOUNT SHOWN BELOW. - WORK AUTHORIZED ., - R y `•. AMOUNT SIGNATURE CUSTOMER WANTS OLD PARTS? DYES D NO 1 3 3 ,. _ _ si+ Subtotal 189. 7,4 ,1 4" `x k rr Sales Tax Ig 8. 250% 14 Total- 2>-3 16 76. Y 4m. 1 iv i" 'I „;- m - 5 ,_..R.,,•x'�'`',e�a.1. MAJOR-BRANDS SHOCKS t STRUTS ALIGNMENT SUSPENSION n _ w i Q v e sA;or) Z corNA rnu6s+ 4y-.N� W�rL, lir� Inio [ >A Ccrylin c.�0:)�cYl LA)14h cx meal u.nn 1af}- . W�tckl a t E 3S « A� ���ry, � �.. �r X71• : ��p,➢�j � �0. al. d�ryry.. '�����',�'tR.�y ',,Y'I/.�'S 4 �.+? }"Vsy".V A`3e�"Sf�aA 1L . ' ✓ <� .E �y! 'FLv�'y''�fi` '� tlw43 t2'rt�-.�t,.�1 .,r V..;r ...ad-IP"� r + '�,+�p�c, r � �5r. •+ rAIN -Al nMl - e4 4 f„ _ �,..gnr.< �a¢..•r t.�r 3'x�"Ak T. 9- � h�` �y"�-�� � ywg °Y 'ffFE' { �ii.. �..GGE'Y•T1R F �"`M ( G✓�y,' ll3 ;r^F ".. 2rT, � G'�.A G CY`-S3nti}` yAft�v 'ii}.Y 'r.`R.-'S'i 1T' t a rp Sa`' n t irJ i;j•w .+..c U .. �.i: `�''9 x• G 3 ,f !-Ai a c..a. yu �# n� `i g.3 exkT �'. � r T"'•..c _iC r ?' '�-a 'f i��F n r Si "y 4 S N ;:. c5 .1ryr��.,q� Yya1'nS.�tys'n�'.!-"tr � Y a 'vF` A��f�? tt '-r r m c. � AiC>v�r v� y" _ ! a a F.^-' ,t,Ytya�p 4' ��•5 �''i� :Pr y�ls .x.,F�', t ti / t Z i ilk Zvi ^I"�yc��'9'R1}.• �✓�INt?r� .,i�_ � r.;Z.,*. SSS .. �.� L7i���`,,,+s }a ��L`�3'.,`,o..,Z�ri Y.i.,s�ji' c i a '.t .C.: s Y •+ -, ey'�`T` .N, ,.,•� ,, .�. �� � >�.��n cF`�' � w=f n+'�^4 .K. 7 Y .w t v� 1 ti� � q .� �� , � �T r ytro�r�i+"' A _ � gf .vim' f � ���✓�� ''� �•'� 2 f 3 1r *. .y!•"bl^' ,��o4�.A,yp� f � ra..v S": vT Lr'F J�f4,l.x'H"Sf l• •tel �� �'Y.�r_� Yry a • vy _ i�� 7.Y� � �n '. ,y C.>,`TSy.T�f '',G e,. .n• � r,c T },{�r�3.Yrr^,�.��r•�'ry�3�3.�,n�y*t -.7'�"i• -,.y q •e - - o CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: DECEMBER 12, 2006 Claim Against the County, or District Govemed 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 California Government Codes. D � �)� you is your notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), NOV 2 0 2006 D given Pursuant to Government Code AMOUNT: $5,000.00 COUNTY COUNSEL Section 913 and 915.4. Please note all MARTINEZ CALIF. Warnings". CLAIMANT: ABHINAV BHATMAGAR ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 20, 2006 ADDRESS: 36927 PAPAYA STREET, BY DELIVERY TO CLERK ON: NOVEMBER 20, 2006 NEWARK, CA 94560 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN, r Dated: NOVEMBER 20, 2006 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of s4pervisors M"'This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warding of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Z-0(.,p By: rnC4 Deputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV. WARD ORDER: By unanimous vote of the Supervisors present: 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. DatedA �),_�/ HN CULLEN, CLERK, By eputy Clerk WARNING (Gov. cod section 913) Subject to certain exceptions,you have only six(6) months firom the date this notice was personally seined or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection vvidu this matter. If you want to consult an attorney,you should do so inunediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am novo, 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�LC� id� JOHN CULLEN, CLERK By .� Deputy Clerk LVV}VV py1. I�i igal('Sy'�y�v7w1'wy�n a.,. g.,y......rr�..CONTRA- /`i �''f g �+. _q.'7��.,7�+�j' _ ' R MW 6 LT��CJpTAT[3!e"7JpJC�viqpi��'''.77��7wWgYtyRpV`�7�TV[.l!'�.�/+�V'1�{�j��.Cp�/pCOS -A.E..�Ul�l 1 ••• .�. •. . . AADS RR u9.i 1L 8.oNS O CLAMI . ANT _. �..���..-�...._�... .....:..... ....� A. A claim r to cause of action for death or for injury to person or to personal.property or growing Oro shall be presented not later than sot mouths after the accrual of the OEM of action A cl rel . g to any other cause of action bA be.presented not later than one year . Lf er the ac of tie cause of action. (Gov.Code 911.2.I B. Chd= runs be:fil with the Cleric of the Board of Supervisors at its office in Room 145, County Building,651 Pine Street,Martinez,CA 94553. C. if claim is district governed by the Board of Supervisors, rather than the County, name of the hould be filled bL D. 1f the claiat s a„*aimst raore thaca one public; e04 separate claims must be filed against eacl public anti E. Fraud. See malty L fraudulent claims,Penal Cott Sec.72 at the end of this form. pmmmmmmm■ 0149900"m AM[*a-Amoco pan QpmQ■pmQQeQmQm Qmmamm mpgml6A000EQQQ tltl Q4■QQFQ iF > RE: Claim By: Reserved for Clerk's fihngr stamp RECEIVED Against Elle Coon f C0 Costa or ) j NOV 2 a 2005 (Fill in the tee) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. t The undersigned herby makes claim against the County of Contra Costa or the above-tzm?d district in the sum f S: and in support of this claim re=esonts as follows: L When did uia;m4ge or injury occur? (Give exact date and hour) 2. Where iii he damage or injury occur? (Include city and county) l ���N.w� 3. .How did or Wury occur? (Give full&tails;use extra paperif t 3V i ez.� wit Orv�+��"tsiE nmo- 4. Wbat-p ar act or�on on the part of comity or district officers, servants, or enzployoes caused r 5 What are nan;6 o/f' county or district /of�ticers.ssmvvwts,or employees causing the daa1H.P.�e �lC..�-!'7.� t�.''� t —�^- ' >� I •.v•• (I• L V V V 6. What a or ffijv es'do your claim resulted? (Give full extent of injuries,-or_d=R9es claimed. 'o estimates foot a age.) 7 Y f't' o."c. e4 estimated amounS of an�U . 7. How was onnt claimed above computed? c. r daina e. prospe �` .1�'� g .)� � JC• (.e.�n,c�.,t�" (•t,-`'4 ! - S. Names an sse f wit es,doetors,a hospitals: 9. List the ea nditvres you made•on account of thus accident or injury: D TINdE AMOLINI' ma■a Renee m noun @@YC a as as 4CAA calla damns aSea wan Moan am amus u$■aeon a m m on eaa%as am A a a muaa a■al } 1 ) .Gov.Code Sec.910.2 provides"The claim shall be signed by the claimant or by some person on his SENDNOTICESI 170. Attome Name and addr of&t may ) ' ) (Claimant's Si store) . 9 � ) ek (Address) Y ) Telephone No. )Telephone ho. %' 7 -57Y3 • s 8,■QCnn Demands, .lmagabtltlmpaa9am uA@ogodamma@@@$40aH RmaoQa@q@an4annge6Ynman m a$n QaBa$¢ma1 FUBLJC RECORDS NOTICE-. Please be advis this daunt form,or any claim filed with the County under the Tort Claims Ad,is subject to public disclo �e Ca4ifowia Public Rowds AcL (Gov. Code, 55 6500 st seq.) Furthesronre, any attsdbments,add dams,�br supplements atiacbed tv tho claim foma,including medical records,are also subject to public disclosure ' {J made aaa'mesa IamongMcMenaawmmouaman@...mnaanall mdam$anaq@aaggmnmaane@a naaea.a one moment , NOTICE: Section 73 of the anal vde provides: Every person w ,with latent to defraud,presents for allowance or for payment to any state board or officer,or to any county, ty, or histait board or officer, authorized to 8110w or pay Site same if guanine, nay false or fraudulent c ' bill, a4count voucher, or writing,is punishable either by imptisouimem in the County je for a pmaiod of net m than ane year, by a fine of not exceeding one thousand dollars($1,000.00'), or by both such imprisonment flue,;Or by imprisonment in the state prison, by a flue of not exceeding ten thousead dollars ($20,000),or oth sub h imprisonment and fine. I AMENDED CLAIM' BOARD OF SUPERVISORS OF CONTRA COSTA,COUNTY C BOARD ACTION: DECEMBER 12, 2006 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 California Government Codes. ) you is your notice of the action taken on your claim by the Board of LC D Supervisors. (Paragraph IV below), given Pursuant to Government Code AMOUNT: UNKNOWN NOV 2 0 2006 Section 913 and 915.4. Please note all COUNTY COUNSEL ".Warnings". CLAIMANT: QIAN MING FAN MARTINEZ CALIF. ATTORNEY: UNKNOWN DATE RECEIVED: NOVEMBER 20, 2006 ADDRESS: 9066 IDA STREET, BY DELIVERY TO CLERK ON: NOVEMBER 20, 2006 LIVE OAK, CA 95953 BY MAIL POSTMARKED: HAND DELIVERED BY rntmrry rnrmicFr _ueTHy FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN CULLEN 1 r Dated: NOVEMBER 20, 2006 By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Kupervisors O This claim complies substantially with Sections 910 and 910.2. ( his 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). O 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: 0—"2-0-0C, By: Deputy County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV./BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DatedA�e_�� d*HN CULLEN, 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 deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You.may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California; postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. j Date �X� JOHN CULLEN, CLERK By Deputy Clerk i i i. OFFICE OF THE COUNTY COUNSEL SILVANO B.MARCHESI COUNTY COUNSEL COUNTY OF CONTRA COSTA Administration Building 651 Pine Street, 9'" Floor a ! - _ _ e SHARON L. ANDERSON Martinez, California 94553-1229 CHIEF ASSISTANT (925) 335-1800 � ` GREGORY C. HARVEY Ol W-- OR VALERIE J. RANCHE (925) 646-1078 (fax) \ ©�' O AssisTANTs 4 NOTICE O ICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Qianming Fan 9066 Ida Street Live Oak, California 95953 RE: CLAIM OF: Qianming Fan Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: [ ] I. The claim fails to state the name and post office address of the claimant. [ ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [ ] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [X] 7. You are required to submit your claim on the proper form, which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. [X] 8. Other: We are in receipt of your claim written in Chinese and mailed October 31, 2006. We will honor the date you mailed this claim, but we will need an English version in order to process it. Please provide a version that is translated into English, as you did for your previous claim. We are enclosing a copy of your claim for your reference. SILVANO B. MARCHER COUNTY COUNSEL Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street, 9th Floor, Martinez, CA 94553-1229. On November 20 2006, 1 served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to (Qianming_Fan, 9066 Ida Street, Live Oak, California 95953 as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S.Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on November 20, 2006, at Martinez, California. Kathleen O'Connell !� cc: Clerk of the Board of Supervisors (original) Risk Management Page 2 � i J A� *�Le�\_� -24 r Gly�1iL�? , GGAI D�'/Z O�NTYc,UUtV EL+ MAR17AI CALIF. RECEIVED _ —� — LAS--- - --NOV L )1-�� CLERK BOAR^OP SUPERVISORS Gl- -A-/ --covers•,r:o�ra bo. �F4-CTf� &RS' tv ' ro 71 A-A F�l 7 �. O - C �7 00 7 Sa& 9 74 X�6=5--l' - LL 7-T AA 4�n,j ' lz 62 MIC 11w, JF r/7 o F a � a <. it • �it ,i. t'('S t--A C'� � - Os� 0 Cn s. r l* e.i 4:t lb .t �t ' !sr C� - APPLICATION TO FILE LATE CLAIM ®� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA BOARD ACTION DECEMBER 12, 2006 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements;.and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: BYRON M. FAIRBANKS F-18862 Attorney: UNKNOWN NOV 15 2006 Address: SAN QUENTIN STATE PRISON COUNTY COUNSEL SAN QUENTIN, CA 94974 MARTINEZ CALIF. Amount: $2,000,000.00 By delivery to Clerk on: , NOVEMBER 151 7006 I Date Received: NOVEMBER 15, 2006 By mail,postmarked on: NOVEMBER 14, 2006 I. FROM: Clerk of the Board of Supervisors TO: I County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: NOVEMBER 14/06 JOHN CULLEN, Clerk, By: /Wdli DEPUTY II. FROM: County Counsel TO: Cl rk of thelBoard of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6): (� The Board should deny this Application to File Late Claim (Section 911.6). DATED: 1 (-2C0-OCo SILVANO B. MARCHESI, County Counsel, By: mC=a2526, DEPUTY III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). �1 This Application to File Late Claim is denied (Section 911.6). I certify that this a true and correct copy of the Board's Order entered in its minutes for this date. DATE. JOHN JOHN CULLEN, Clerk, By: DEPUTY 11-1 V WARNING (Gov. Code §911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement).See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your ap20cation for leave to present a late claim was denied. You may seek the advice of an attorney of your choice In connection with this matter. If you want to consult an attorney,you should do so immediately. IV. FROM: Clerk of the Board TO: (1) County Counsel (2) County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATEDd#�8 l41 iC , J�tdg JOHN CULLEN', Clerk,By: DEPUTY V. FROM: (1) County Counsel (2) County Administrator TO." Clerk of the Board of Supervisors Received copies of this Application and Board Order. 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(DOUNTY COUNSE19ven pursuant to Government Code Sections 911.8 MARTINEZ CALIFFaand 915.4. Please note the"WARNING" below. Claimant: BYRON McCORD FAIRBANKS LATE CLAIM FILED AGAi INST SAN PABLO POLICE F-18862 DEPARTMENT AND SAN PABLO POLICE OFFICERS Attorney: UNKNOWN Address: SAN QUENTIN STATE PRISON SAN QUENTIN, CA 94974 Amount: $2,0001000.00 By delivery.to Clerk on: NOVEMBER 169 2006 ' I Date Received: NOVEMBER 16, 2006 By mail,postmarked on:' UNKNOWN I. FROM: Clerk of the Board of Supervisors TO: . County Copnsel Attached is a copy of the above noted Application to File Late Claim. DATED: NOV. 16, 2006 JOHN CULLEN Clerk, By: EPUTY II. FROM: County Counsel TO: Clerk of thejlloard of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6): (' The Board should deny this Application to File Late Claim (Section 911.6). DATED: SILVANO B. MARCHESI, County Counsel,By: m DEPUTY III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application Is granted (Section 911.6). (, This Application to File Late Claim is denied (Section 911.6). I certify that this a true and correct copy of the Board's Order entered in its minutes for this date. DATE;,1Glix7Ak '1w9 04 HN CULLEN, Clerk, By: DEPUTY WARNING (Gov. Code §911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your ap2ocation for leave to present a late claim was denied. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so immediately. 1V. FROM: Clerk of the Board TO: (1)County Counsel (2)County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: 9A06JOHN CULLEN', Clerk, By: �`�-tip/ DEPUTY 'V. FROM: ,(1) County Counsel (2) County Administrator TO:Itlerk of the Bo d of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By: t County Administrator, By: APPLICATION TO FILE LATE CLAIM A^t Nov 1 s 2006 UP RVVISORS CONTRA COSTA CO. 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U�' _►L{c _Y!..T - ._.CJ 1... U ),i J 1 G4—e ----� x -IJ4 -- ll / J � r `camo cy ct F f _ I t 1 Cf t F - r- ` -ate i Lot F t —.4_�_...-__ - . _., `-- - #`:��1--tE`�.�.�' �rf''L, .�.L-G2.i�_._.�i-L�-�/-�----lam.-L.S...z�'�t��.-.�!'►c1�.I�C'^ _.-_ � rte..�.:(�•-c.�-�� �`-� _ ��?�..�.___�� � , C� tit/t ��_C.�`�"" .� / -�-r I� � l9 let � fq , FILE COPY V Y \� �\���� CITY OF SAN PABLO ' -1 tr 11 a�. ! POLICE DEPARTMENT 13880 San Pablo Avenue San Pablo, California 94806 (510) 215-3130 Fax (510) 215-3135 March 31, 2006 Mr. Byron Fairbanks#2005807840 ��.� CIO Martinez Det ion Facility/� (5(o 901 Court Streei, E-27 Martlnpz;'CA 94553 ')✓)A(•,� RE: Personnel Complaint This letter will serve to inform you that an investigator from the San Pablo Police Department has thoroughly'reviewed and investigated the complaint you made against one of our police officers. The investigation of your complaint and related departmental procedures were reviewed by the officer's Division Commander before being referred to me for disposition. I found no factual basis to sustain your allegations of misconduct by our employee. Pursuant to California Penal Code Sections 832.5, 832.7, 832.8(e) and (f), California Evidence Code Sections 1043 and 1046, and the California Attorney General's opinion, I am not at liberty to discuss details of the investigation with anyone. A Chief of Police Note: The release to the complainant of the disposition of the complaint is mandatory,per Penal Code§8.32.7. The complainant must be advised o1' flte disposition of the complaint within thirty days of the disposition of the complaint. - ]u Recycled Paper 5 L APR 7--200 uuel _ j-'o— OrQ, �* co - r — - — —t-- c � � -- -- - r: INPEcro ok �� Matthew L. Cate, Inspector General Office of the Inspector General o . OF CAUFO March 7, 2006 Byron Fairbanks, P-78900 Martinez Detention Facility 901 Court Street, E-27 Martinez, CA 94553 Dear Mr.Fairbanks: The Office of the Inspector General has received your correspondence. After reviewing your correspondence, we determined that the Office of the Inspector General does not have any jurisdiction over your issues. The Office of the Inspector General is an independent government agency established by law. Our primary responsibility is the independent oversight of California's youth and adult correctional agencies, including the California Department of Corrections and Rehabilitation, the Board of Parole Hearings, the Corrections Standards Authority and the Prison Industry Authority. The agency cited in your complaint is not included in our jurisdiction. The Office of the Inspector General considers this matter closed. Thank you for bringing your concerns to our attention. Sincerely, ELIZABETH HAWKIN Deputy Inspector General EH:kz:06-0005310-01 Arnold Schwarzenegger, Governor P.O. BOX 348780, SACRAMENTO, CALIFORNIA 95834-8780 PHONE (916) 830-3600 FAX (916) 928-5974 Ti n tti of (gantra Oo3ta (Offirr of 11�r $1�rriff Warren E.Rupf Sheriff July 6, 2006 Mr, Byron Fairbanks San Quentin State Prison San Quentin, CA 94974 Mr. Fairbanks: I have received your two letters requesting assistance regarding your complaint involving members of the Sail Pablo Police Department. I have reviewed he reply letter from Chief J. Aita which documents the thorough investigation his Department has conducted regarding your allegation(s). It appears you are not satisfied with the outcome of the investigation by San Pablo Police. I encourage you to contact the Sam Pablo Police regarding your concerns. Aside from that, I also encourage you to seek legal assistance. I am returning the documents that you have provided for review. Eric Navarro, Lieutenant Contra Costa County Office of the Sheriff Professional Standards Unit 724 Escobar Street•Martinez, California 94553-0039 (925) 335-1535 "Community Policing Since 1850...:' r &iittiB of U' iantra TasIL Offirr of fly 4�ljrriff Warren E.Rupf Sherif May 10, 2006 Byron Fairbanks F-18862 San Quentin State Prison San Quentin, CA 94974 Mr. Fairbanks: - The Office of the Sheriff, Contra Costa County, is in receipt of your letter and request for assistance in contacting San Pablo Police Department regarding a complaint. Your letter has been forwarded to San Pablo Police Department at 13880 San Pablo Avenue, San Pablo, 94866, Attn: Chief Joe Aita. Should you have any fufther questions, or feel l can be of further assistance, please do not hesitate to contact me. Sincerely, Eric Navarro, Lieutenant Contra Costa County Office of the Sheriff Professional Standards Unit 724 Escobar Street•Martinez, California 94553-0039 (925) 335-1535 "Community Policing Since 1850...." M \ ! $ a � . . < - , & � . g m .� « e-j 0 \% � \ . \ . . r . 0 1• __ N S "fes � ds SECOND APPLICATION TO FILE LATE CLAIM " BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA c BOARD ACTION DECEMBER 12, 2006 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing copy of this document mailed to you is your Endorsements, and Board Actio I' k—L7e tt�°j of the action taken on your application by (All Section References are to and of Supervisors (Paragraph III, below), California Government Code.) NOV 2 2 2MFgi pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. COUNTY COUNSEL MARTINEZ CALIF. Claimant: BYRON MCCORD FAIRBANKS F-18862 SECOND LATE CLAIM AGAINST SAN PABLO POLICE DEPARTMENT Attorney: UNKNOWN AND SAN PABLO POLICE OFFICERS. Address: SAN QUENTIN STATE PRISON SAN QUENTIN, CA 94974 Amount: $290009000.00 By delivery to Clerk on: NOVEMBER 20, 2006 I Date Received: NOVEMBER 20, 2006 By mail,postmarked on: NOVEMBER 16, 2006 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: NOV. 201 2006 JOHN CULLEN Clerk,By: DEPUTY II. FROM: 'County Counsel TO: CleA oft e'Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6): (� The Board should deny this Application to File Late Claim (Section 911.6). DATED: SILVANO B. MARCHESI, County Counsel,By: /Y)C:42jD2, DEPUTY III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). (� This Application to File Late Claim is denied (Section 911.6). I certify that this a true and correct copy of the Board's Order entered in its minutes for this date. DATFAee,�ee'/o`Z ey�w HN CULLEN', Clerk, By: DEPUTY WARNING (Gov. Code §911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your aWcation for leave to present a late claim was denied. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so immediately. IV. FROM: Clerk of the Board TO: (1) County Counsel (2) County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim In accordance with Section 29703. DATED: a'r,J,6<ir�/4,ajE4 O11N CULLEN', Clerk,By: � _ DEPUTY V. FROM: (1) County Counsel (2) County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By: County Administrator, By: APPLICATION TO FILE LATE CLAIM RECERVE® _V2 02 00 61 2006 5 'CLERK BOARD-OF SUPERVISORS- CONTRA COSTA CO. in_c.Lc�se.�l�%S_c�_u�.c� -- c}o ���o_(.,`ec, � o_�s_ {�'o✓=pec. Via_ _S-e-.4 -- e�(_� — v--e 1_fn_c.✓i lSe✓%.ri.w�.;_v._L.�:ind�o e.v_ rct.►„ -o_v_e�r_ ea.�s-.o_rF e� - -�'-� �-Ztv�- - -- ..G_��c�-+n_._✓_�v.G�-cr��o-G�-ee.lru-e_�=�.a:#-_Z__O�.ic�l_S.�e.v_v=Z-c�=��e_ (,v.c_�-I.��v�_ t ✓__�,�. e,� (s_(o.�_(,va.�_d_�l�aLACt(_tA -LG. _ (�_iCi��_Ge.✓��o(o��_(aced-%�._�.Q(J.s.._il/tc. 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If_ — 1 b - ® ✓+1-I_,,,-���-c_e_s—�.�-�_Cn_w,_,_,_,-v+��-ems�4_��_s_�'�.�_e�.s�-�`�� ---— t Lf aa= a3. r w�� ♦ C Gc i S v 1 , s S C l --- ----- -- - -. ------ -- r 21lie kno y Lisa J. Golding Certified Shorthand Reporter CSR No. 12244 October 30, 2005 Dear Mr. Byron Fairbanks: I am writing to you in response to your request for a transcript re No. 286766-1. The hearing date was 4/18/05. The transcript is 3 pages long, and the total cost to you, inclusive of mailing, would be $12.25. 1 would need this amount, if you decide you would like to order the transcript, mailed to me in the form of a cashier's check or money order to the Superior Court in Richmond, CA. Thank you, P Lisa Goldin CSR Y Ito Q11�. o ' i V� 7 „r M V) W 7k. Ap 3. � t ;t W 04 V 04 k 7� S � d SECOND APPLICATION TO FILE LATE CLAIM If BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA BOARD ACTION DECEMBER 12, 2006 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routin a \,y; sq:, e copy of this document mailed to you is your V t.Y Endorsements, and Board A (:; � ntice of the action taken on your application by . (All Section References are NOV 2 2 2006 ( the Board of Supervisors (Paragraph III, below), California Government Code.) 1 given pursuant to Government Code Sections 911.8 COUNTY COUNSEL and 915.4. Please note the "WARNING" below. MARTINEZ CALIF. I i Claimant: BYRON McCORD FAIRBANKS F-18862 SECOND LATE CLAIM AGAINST DAVID COLEMAN - PUBLIC Attorney: UNKNOWN DEFENDER WILLIAM VEALE - ASSISTANT PUBLIC DEFENDER Address: SAN QUENTIN STATE PRISON SAN QUENTIN, CA 94974 Amount: $2,0001000.00 By delivery to Clerk on: NOVEMBER 20, 2006 I Date Received: NOVEMBER 20, 2006 By mail, postmarked on: NOVEMBER 16, 2006 I. FROM: Clerk of the Board of Supervisors TO: . County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: NOV. 209 2006 JOHN CULLEN Clerk,By: DEPUTY II. FROM: County Counsel TO: Grerk of the'Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6): ( The Board should deny this Application to File Late Claim (Section 911.6). DATED: ��� �-0(� SILVANO B. MARCHESI, County Counsel,By: ML'Ac¢1, _ DEPUTY III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application Is granted (Section 911.6). ( y This Application to File Late Claim is denied (Section 911.6). I certify that this a true and correct copy of the Board's Order entered in its minutes for this date. DATE42e.e,Pi»JdG24'/'L� WIN CULLEN, Clerk, By: DEPUTY --c• WARNING (Gov. Code §911.8) If you wish to file a court action on this matter,you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your apQfcation for leave to present a tate claim was denied. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney,you should do so immediately. IV. FROM: Clerk of the Board TO: (1) County Counsel (2) County Administrator Attached are copies of the above Application. We notified the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATEDi,/)/ Pis", _ 2O_OOHN CULLEN, Clerk,By: DEPUTY V. 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L,:lL.4-1 o�S __. -1/2`�j_V _1 _9.1_.I Ll !cI- - - t - 1 _.o-o-4 i c e s_ 0oet_ C� (..jLA s L_A ck la .e s-e.vL+- , S , �3. r � � cvo i p r" 14 rAl Zlen -e 1- ( - P �, p Lei I C p r , U_ ' a � C Ivi r ^r ! I i c uir 91 ` � 1 ,�- Lisa J. Colding Certified Shorthand Reporter CSR No. 12244 October 30, 2005 Dear Mr. Byron Fairbanks: I am writing to you in response to your request for a transcript re No. 286766-1. The hearing date was 4/18/05. The transcript is 3 pages long, and the total cost to you, inclusive of mailing, would be $12.25. 1 would need this amount, if you decide you would like to order the transcript, mailed to me in the form of a cashier's check or money order to the Superior Court in Richmond, CA. Thank you, Lisa Goldin CSR rer CL JA .�4E x°9t'YC'' :ri! V S VI a S S q} -- t4 iu t1i -41 ri Q 1 • 1.J it} 1"e! �.r.t } •1 ?1S SL v —}.. S a c,)