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HomeMy WebLinkAboutMINUTES - 01172006 - C.11 CLAIM / BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: JAWARY 1 , 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 you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and t. 915.4. Please note all "Warnings". AMOUNT: DEC 0 9 2005 ) t>tN - . OUAITY COUf10`_t, j CLAIMANT: cm= DRAYTON #ARThgEZCALF ATTORNEY: . CyNqM McGUINN, ESQ. DATE RECEIVED: . DECErm 9, 2mg THE VEIN FIRM, P.C. DEMYM 4, 2005 I ADDRESS: 711 van .Ness Avenue, shite 220 BY DELIVERY TO CLERK ON: San Francisco, CA 941b2) BY MAIL POSTMARKED: ',Received_yia_Facsim le FROM: Clerk of the Board of Supervisor's TO: Count Counsel P Y . Attached is a copy of the above-noted claim. JOHN SWEETEkI, ale C � Dated: December 9, 2005 By: Deputy .J 'u- II. FROM: Count Counsel. y TO Clerk of the Board of Supervisors t (This claim complies substantially with Sections 910 and,910.2. E O This Claim FAILS to comply subst I tially 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: i i i Dated: ( Z� ( ri- 00 I By: d� Deputy Y Count Counst III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) 1 ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. ARD ORDER: By unanimous vote of the Supervisors present: (y�This Claim is rejected in full. O Other: I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Date"vps4ay 5e ZA AggjCJOHNISWEETEN, CLERK, By , Deputy Clerk { I WARNING(Gov. code secti n 913 Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposite in the mail to file a court action 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 II am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage full) prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. DatedSWEETEN, CLERK By Deputy Clerk f 415 7715845 12/09/2005 13 :59 FAX 415 7715645 VEEN LAW OFFICES ,(A001/�064 RECEIVED YC t v =DEC , THE VEEN Fi RM, P.C. I OF SUPERVISORS � r apron rt;e^n rn William L.Veen Kevin Lancaster Miles B.Cooper James G.Butler,Jr. Oliver&Vallejo Cynthia McGuinn Mary Anne$endotoff Christopher A.Viadro Anthony L.Label Eustace do Saint Phalle Judy A.Graziano December 9, 2005 FAX TRANSMISSION FILE: 0500—new CASE NAME: Drayton_ y. CalT_ran,1 FROM: Cynthia McGuin I Esq. FAXED FROM: (415) 771-5845 TO: Clerk of the Boar d FAXED TO NO.: (925) 335-1913 FIRM: Pinard of Superiors—County of Contra Costa DOCUMENT: Claim Norms and Attachment PAGES INCLUDING THIS PAGE: 63 CQNFLDEIIWALrrY NME; The information contained in this facsimile message is legal privileged and confidential information,intended only for rhe use of the individual or entity named above. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution, or copy of the telecopy is strictly prohibited- 7f you have received this tciccopy in error,please immediately notify us by telephone and return the original message to us at the address above via the;United States Postal Service. Thank you. THIS I=ACSIMILE IS BEING TRANSMITTF-D FROM A CANON LASER CLASS 710. IF YOU EXPERIENCE ANY PROBLEMS IN RECEPTION OR IN TRANSMISSION TO OUR OFFICES, PLEASE CALL(415) 673-4800 FOR ASSISTANCE. HARD COPIES TO FOLLOW THROUGH MAIL: ®Yes nNo COMMENTS: The originals will follow via U.S. Mail on this date. Thank you. 711 Van Ness Avenue,Suite 220 + San Francisco,CA 94102 + Tcl: (415)673.4806 + Fax:(415)771.5845 12/09/2005 11:59 FAX 415 7715845 VEEN LAW OFFICES fj002/064 1 CYNTHIA MCGUINN,NO, 099324 MILES B. COOPER,NO.I209085 2 ANTHONY L. LABEL, NO. 205920 THE VEEN FIRNI,P.C. 3 711 Van Ness Avenue, Suite 220 San Francisco, CA 94102 4 Telephone: (415) 673-4800 Facsimile: (415) 771-5845 5 ATTORNEYS FOR CLAIMANT 6 CAMILLE DRAYTON 7 Camille Drayton, 8 ATTACHMENT TO GOVERNMENT Claimant, CLAIM AND GOVERNMENT CLAIM 9 AGAINST THE STATE OF V. CALIFORNIA(CALTRANS),CONTRA 10 COSTA COUNTY,AND CITY OF State of California Depamnent of Transportation CONCORD 11 (Caltrans), Contra Costa County, and City of Concord, I Government Code § 910 of seq. 12 Respondents. 13 14 TO THE STATE OF CALIFORNLk (CALTRANS), CONTRA COSTA COUNTY, AND 15 CITY OF CONCORD: 16 Pursuant to Government code sections 910 and 911.2, CAMILLE DRAYTON ("claixnant'� 17 hereby submits the following claims against the State of California (CALTRANS), Contra Costa 18 County, and City of Conlord. 19 CLAIMANT: Gov. Code 5,910(x) The name and post office address of the claimant. 20 The claimant is imCamille Drayton, 426 Great Jones Street, Fairfield, CA 94533, 21 22 RESPONSE AND NOTICE ADD ,SS: Gov. Code910(b) Thepost office address to which 23 the person presenting the claim desires notices to be.rent. All official noticl s and other correspondence should,be sent to THE VEEN FIRM,P.C., 24 711 Van Ness Avenue,Suite 220, San Francisco,California, 94102, (415) 673-4800. 25 - FACTS GIVING RISZ TO THIS CLAIM: Gov. Code, 910(c) The date,place and other 26 27 cinwmslances of the oerummee or transaction which gave rete to the claim asserted. 28 The occurrence took place at approximately 5:52 a.m. on June 12, 2005,northbound on C- THE VEEN FIRM,P.C. ����•=•K.��� 9TTACHMF_NT TO GOVERNMENT CLAIM AND GOVERNNIENT CLAIM AGAINST THE STATE OF a�ncnaNcreco'c�a�+W CALIFORNIA (CALTRANS),CON7'R.k COSTA COUNTY,AND CITY OF CONCORD Tom.H+.1 afv A00 ...r„n aero 12/09/2005 13: 59 FAX 415 7715845 VEEN LAW OFFICES 16003/064 1 680, 627 Feet South of 680 CCC 18.71,in the City of Concord,County of Contra Costa, (hereinafter 2 the "ACCIDENT $1as more fully described in CHP Traffic Collision Report No. 6-154, 3 attached hereto as Exhibit I. 4 The circumstances gluing rise to this claim are as follows- At'the above time and place, 5 claimant was a passenger I a 2003 Saturn Sedan. Claimant was injured when her vehicle left the 6 roadway at the gore point I between I-680 N/B and SR 242 N/B,collided with a tree and was 7 engulfed in flames. Plaintiff crawled out of the burning automobile and observed her sister,Jamika 8 Newman,perish in the vehicle as it was engulfed in flames. 9 Claimant asserts that the State of California (CALTRANS), Contra Costa County, and City of 10 Concord negligently and clelcssly designed,warned, failed to warn, constructed, created, 11 maintained, repaired, ow l d, operated, controlled, signed, striped,guarded and regulated the 12 aforementioned ACCIDENT SITE and the adjacent roadway thereby creating a dangerous 13 condition which caused and contributed to this accident. In addition to the negligent and careless 14 design and construction I the ACCIDENT SITE and the approach to the ACCIDENT SITE, 15 there was,among other things,a: 16 (a) failure to warn of, and/or prevent and/or correct a "dangerous condition" (a 17 condition of property that creates a substantial [as distinguished from a minor, trivial, or 18 insignificant] risk of injurl when such property or adjacent property is used with due care in a 19 manner in which it is rea sonably foreseeable that it will be used) on, of immediately adjacent to, 20 public property; 21 (b) failure to provide and/or construct and/or maintain an adequate and safe 22 barrier and/or median; 23 (c) failure to warn of the absence of anadequate and safe barrier and/or median; 24 (d) f I ure to provide, place and/or construct and/or maintain adequate lighting; 25 (e) failure to provide and/or construct and/or maintain an adequate shoulder 26 along the roadway; 27 (f) failure to provide and/or construct and/or maintain a safe roadway width 28 and/or roadway surface;) -2- TnE VEER FIRM,P.C. n, ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF eavr�ncwco.c•oa+c� CALIFORNIA (CALTFANS),CONCRA COSTA COUNTY, AND CITY OF CONCORD +.w.w.nuim Darn 12/09/2005 13x59 FAX 415 7715845 VEEN LAW OFFICES 10004/084 1 failure to provide and/or construct and/or maintain an adequate number of 2 lanes for vehicle travel in light of the volume of traffic traversing the roadway; 3 (h) fail I c to post a sufficient number of signs and/or signals at the time of the 4 injury to wain advancing lotorists of the dangerous propensities of the roadway; 5 (i) fail)a in permitting the legal speed limit at the location of the accident to be 6 greater than the speed at Ihich vehicles could be safely driven. Claimant is informed and believes 7 that based on the configurl tion of the roadway or other existing physical conditions, speed signs 9 should have indicated that area should be driven at less than the legal speed limit; 9 (j} failure to provide and/or construct and/or maintain adequate striping, 10 roadway markings, chann Ilization, and devices such as bot dots or other noise attenuation devices 11 sufficient to guide and wain drivers away from the gore point;and 12 (k) failure to adequately warn of the dangerous and unsafe conditions described 13 above contributed to this accident by failure to provide notice to motorists using the roadway of the 14 dangers that lie ahead which would have allowed motorists to anticipate and better respond to such 15 dangers. 16 These hazards,stated above,were not reasonable,violated design standards and created a 17 dangerous condition of pl blit property. If the roadway was designed with the aforesaid defects 18 mentioned above, such dl signs were not reasonable and the designs could not have reasonably been 19 approved. If in fact the design was reasonably approved, conditions changed substantially since time 20 of the design in that traffic volume and commute speeds have increased tremendously, creating an 21 extremely dangerous condition in a roadway span which is not properly and adequately signed and 22 which lacks necessary safety devices to warn motorists of the danger in the road. 23 Further, claimant is informed and believes that employees of the State of California 24 (CAL.TRANS), Contra Costa County, and the City of Concord created and knew or should have 25 known of these hazardol s, dangerous and defective conditions, and failed to take the necessary and 26 appropriate steps tow i,L control, reduce and eliminate the hazards which conduct would have and 27 could have reduced or elirninated the injuries sustained by claimant. 28 IhIJURIES: GI v. Code§910(d)A general descri i ion of the indebtedness, obligation, injury, damage or THE VEEN FINd.P.C. n.vANase me.,whin AT1:ACHMENT TO GOVERNNU7NT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF BAN FMWI6Cq,CAY�+W TO N+eIB1a�00, CALIFORNIA (CAI..TRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD r 12/09/2005 14: 00 FAX 415 7715845 VEEN LAW OFFICES 005/064 1 loss incurred so far as it may,be known at the hire of presentation of the claim. 2 Claimant suffered catastrophic personal injuries, including but not limited to physical injuries, 3 emotional distress, emotio lal distress —bystander (Dillon v. Leg ,loss of household services, lost 4 earnings, lost earning capacity, and general damages;all to her economic and non-economic damage 5 according to proof at vial. Plaintiff also suffered the wrongful death of her sister,Jamika Newman, 6 and has additionally sufferedd wrongful death economic and non-economic damages,including but 7 not limited to damages for doss of financial support, gifts, benefits, funeral and burial expenses, 8 household services,love, companionship, comfort, care, assistance,protection, affection,society, 9 moral support, training and guidance. 10 PUBLIC ENTITY EMPLOYEE RESPONSIBLE: Gov, Code§910(e) The name or names 11 of the_rublic emf>loyee or employlees causing the injury, damage, or loss, if known. 12 Claimant is currently unaware of the name or names of the public employee or employees 13 causing injury, damage, or doss. Claimant reserves the right to amend this claim when such 14 information becomes known to her. 15 DAMAGES: Gov. Code, 910(f). . . . Ifthe amount claimed exeeedr ten thousand dollars($10,000), 16 no dollar amount shall be inc ded in the claim, However, it shall indicate whether the claim would be a limited ciyd 17 case. le Claimant is currendy unaware of the amount of economic and non-economic damages,but 19 given the nature of her injLes, the amount claimed as damages is estimated to exceed the 20 jurisdictional limits of a limited civil case. Therefore,jurisdiction will rest in Superior Court, 21 Unlimited Jurisdiction. 22 23 DATED: December ' 2005 THE VEEN FIRM,P.C. 24 25 By: ynthia AcGuinn 26 Attorneys for Claimant Camille Drayton 27 139744_1.doc 28 TME VEEN FIRM,P.C.. ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CI..AIM AGAINST THE STATE OF r+l FRAN 4CO. 9111 arwraapc�aco.cwoncv CALIFORNIA (CaLTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD *s�I�fflnYnpOa sn.....n...r� 12/09/005 14 00 FAX 415 7715845 VEEN LAW OFFICES [� 006/064 EXHIBIT 12/09/2005 14: 00 FAX 415 7715845 VEEN LAW OFFICES 10007/064 11/E14/2005 17:02 707^ 54255 BARNETT Ld' ' %FIRM PAGE 02/15 97f:rFOF CAurofaNIA 7RAP5IIC COLLISION REPOKI_ Jul. 2 °5 CHP 555 CARS Page T(n4v 1-03)OPI 081 %� 1 er l4 rQpklLbN TIOND Nu.r. MrAAPA O Y NOICNL OETRICT LOCAL REPORT NUMBER FATAL Isavv CONCORD MT.DTA9LO � , �NU11n11L1m VCrYAOP emm" REPORTING CIQlRiOT ACAT 3 CONTRA cOsrn 693 I COLusIDNOWUMCD OM MO DAY YEA9 TPAQ(DAD01 NCICP OKFICM I.D. 1-680 wit 6/L22005 0552 9320 014162 F MRJPOR MFOR.MA"Oft A W "AWAY PNOTDORAPNS Rr ❑NONE 627 FEET SOUTH OF 680 CCC 19-71 SUNDAY X rEs NO OFC.T14OMAS OArW1ERSIECTIDUVMK STAT9NWTREL OFC,SONJ LA x ow 627 FEET SOUTH OF CONCORn C17Y UMlT6 x Y90 No MRTY ORIVEW3 LEEMSe NUMPtR SYAn 11x48 Am NA DA,tTr,QUIP. VEN.YEAR MARB lMDDEL I COLOR LJMNaa NUNIMP iT,TF, 1 0102302 CA G B G 2003 SATURN SEDAN SLV 5BV0784 CA DRlvcrt NVARpIRer,WOOR,Lar! TASNIICA CRYSTAL CATO O'NNER'1 NAM4 SAME AS DRNeR 9TReET ADCR®3 JUNG&SCHCOT1721 F 675NEWBURYLAM#344 I OYVJADVWA 17 SAM Ag"(VCR veNMu CITY lr'"`Firm 32464 EDITH WAY K(ONCITY CA 94587 HAMA" cA 94344 O DFpDRION Or Y r�L ON ORDERc OF: XX OFPICIR MAMIE Or NER s0� wPT Ons NEIPNT vwvcncr GmNOATs RA" AMERICAN TOW-(925)692.8122 F aL2( DRN 5-04 130 %23/198 x r 8 PRIOR M90K UMOTa )( NpIE APP, PCMCR tO NARRAMM aT EIR NOME PWX4e ovaINiY MIOWN VCMcLaIceNnPI4noNNUMeER: NONE NONE I vRNlac nrR DgWMVo Va1POIEQAMA(:E 6NA0E IN OAMAOED AREA 1ASURMCE CARRIEn rOUCvtAwrR UMfN" AYNOR TPANSPORM I Ol 6= x MAJGR ROLL.ovRn 01%OF TRAWL dJ a1RttT an IlmY En LffI n OOT N I-690 65 GIbTrOPIPW7 MrJNR IA RY 2Y ORNER9 LNEq NAf1R OTATt CL6t LA CAO mAFEn EQUP, VEH Yam AM V1140017UMOR LIDEN9EN)ArtR STAIR 2 ORNRR MNNE(FIRRT.M00I,1,LACT7 OWNaR a NAUE DANA At ORIVOR DE SttIP. A 11 iOW149AM ADDRE.^ D9AMQ A5 DRIVER PARI® Ovr TY I8TAT9I>DP PIP►ODITFON OF V9MIOLP ON 0RD1R3 OrI ❑OFFICER 00RM17R OTNDn war aQ% 11nIR 41!1t ![DD11r WEIGNr tIR7NDATE RAcc 1--J D,r rw PMUR MELriANICAL Dd114CTO NONE APP. 431WR TO MARL A" OTNQR NDNE PFgNC 111rW1Ala rNONt VONIDIS IOENTMK:ATON NUMIIP- VLMCL£T1'r9 OMMIR VWId.Q DAMAGE 3NA4a IN OANAGQD AREA INIURWCf CAW4QA POi10Y NWbM �UNK NONK Nylon moo OR AML-cVaR OIR OP TRAVU ON TMINT OA 11.01 wAY SPEED LIMB CA DOT Cl.L-T TpPmaC MCINX PMTY ORPMRS LIOaNIR MIM9ER 9TATQ 7AIR RAC SAFE. nQVIP, VQN.YaAR NMI I MODEL/COLOR U(fNSHNUNRRR CTAYR 3 1WRIVER NAMQ(PIRgT,MMXL LAST) OJVN[R3 f/AMr, I +aN1a A6 tlRNCR argtar,Doneat IBJ OWNRR'8 ADDRE65 13 I9ANF,A8 DpIVaR via crrrrsTATEl;1p u.0 �( OIAPOGITIDN OF VEMCIe ON OFfDEAR OF; - PFPICEIR Ll DRIVER 12 P.FR� t� MAW tY15 NEIONr wtlTlNr 4P a11ATNDATB RACE . Yw vRoe uFCNANGIALDC/CCTG NONE AVP. EF®R i4 NAgRATIra OTNDR --wo iAONa BURINGag PNOND AN{CL'IDCNTIFIOARON NUMIKR; VeHcuc TY09 PtACY1bE v[NIOIt OMVLOO SEIAOG IN OAMAOED ARCA IN$URAUOQCARMCR IUCYNUPABED UNM M.mm MINOR ACDMAJaA ROLL.OV5R DIILOF7RAyat, ONa1R6lr ORKtGHWAY SPEEDUMIT ' CA Dor GL•T T xsr MUM rAReAR6R'R NANH OImI`a7Cr Nernle0 RE EwCR's MQ DA71 RRVIGwRO 1'.MURPFIY 01 A k 62 +�� X Ye". NO NfA F� 12/09/2005 14 :01 FAX 415 7715845 VEEN LAW OFFICES a 008/064 11/04/2005 17:02 797^254255 BARNETT L.l" 'tiFIRM PAGE X73/15 SYATF.OF CALIFG RNIL TRAPFIC COLLISION CODIN0 (',Hp 556 i;ARS PBgC2 (Rev, 1-03)OPI 061 - Pa¢ Z et 1q DATE OA COLLISION[Na DAY YSMn TIwpftl Nolo. OFFIM ID. InwBFA 6lSZ�2005 0552 9320 014162 ow-CA av1RR ADOnt:1 - NOnFIeo I'f¢OPERTY QY69 []NO DAMAGE DSSORIaTICN00ANA03 SEATING POSITION SAFETY EQUIPMENT INATTENTION CODES OCCUPANTS I,•NR BAG OOPLOYED MIC OICYCLE-HELMET M.NR SAG NOT OErWYCD DRIVER PASSENGER A-DELL PHONE HAKOMELO A-NONE IN VEHICLE S.QFLL PHON9 r•ANo3PREE D•VNKNOWN N•OTHCR V.NO K•NO C•tIwCTHONIC EQUIPMENT P-NOT ReCIORED W-YES Y-YED C.LAP DELT USED 0•RA010/C0 1 Z 3 1.ORNER O•LAPOCLTNCTUSED I E•SMOMiNO A TO S-PASSENGERS E•SHOULDER MARNGSS UGEO CHILD RQSTRAINT E1F-OTED FROM VIINIC4E F.JATIN13 d 5 6 T-STA.WON REAR F-SHOULDER HARNESS NOT UCEO 0-IN VEHICLO USED O-NOT EJECTEO 6•CK4DRGN a-RR OCO TRK OR VAN G•LAPIaHOULOER NARNeSS USED R.IN VEHICLE NOT USGD H-ANMAL3 M-LAPAROULOER MARN9V$NOT Ug EDUNK2,FULLY EJECTED I- PERSONNEL HYGIENE 9•POSITION UNKNOYIINI S•IN VEHICLE IMPS OPER ZI 2-VNIgNO N EJECTED 0-OTHER J-PASSIVE REETRAINiI USED T•IN VEHICLE IMPROPER!lad J• 0.EADINO K•PASSIVE RQSTRANN NOT UOiO 3•VNKNOVJN U•NOK-OTHENONE n VEHICLE ITOMS MARKED BELOW FOLLOWMP SiY AN ASTERISK(')SHOULD 66 EXPLAINED IN THE NARRATIVE. PRIMARY COLU31ON PACTOR IMOVEMENT PRECEDING U"WVNnERMOFPARrvATFAULT TRAFFIC CONTROLDGVICES I 2. 13 3VICIAWNFORMATION �. 3 COLLfB10N vC SPCTION VIOI•ATED! CITGO gg A CONTROLS FUNCTIONING A HAZARDOUS MATERIAL A STOPPED A 1IVf DM C H SNOT NND INB' D ELL l S FROC6EDING STRAIGHT e 0 R IMPROPER DRIVING• C CDNTROOBSCURED JG CELI.PHOIRA ODFR®E IN USEI VIRANOFFIROAD D N NTROLSPRE !FACTOR• X D CELLPHONE NO r INU O MAKINCRIGHTTURN C OTMER THAN Rv A- TYPE OP COdU61oN III OCHOOL DUB RBLATFO E MAKING LEFT TURN D UNKNOWN' JA HEAD.ON F 75 FT MOTO F MAKING U TURN B SIDE GIIVIPE _a_BTPrfFL_AlZS COMOO I Io sAriiNG C REAR ENO N IM SLOWING!STOPPING WEATM%II (MARK 1 TO 2IYEms) D BROADSIDE I —1—PASS[NO OTMrR V614IC411 X ACLEAp ly G HITOEJECT IJ J CHANOIN0 LAN36 D CI.OUOY F OVERTURNED I K K PARKING MANE ER C RAINING O VEHICLE 7 176068Tq L L GN1TcR[K TRAFPW s SNOWING M OTHER" I R M 07I13pi UNWETURNING E FO vIB1DILITY FT, N N !IND INTO OPPOSING LANE F 0 MOTORVDNICLEINYOLVEDWITH 0 o vARK9O G WIND A NOH.COLLISION P P MERGING LIOMTING B PEDESTRWM O O TRAVELIHQ WR NO WAY A DAYLIGHT IQ OTHY. M TOR VBHiCLB OTHEAASSOCIATED FACTORS R OTHER? B DURK•PAWN D MOTOR VEHICLE ON OTHER ROADWAY 1 2 3 (MARK 1 TO T NEMS) C DARK-5 EET LIGHTS E P -D MOTOR V6H A yll mo IaMWbAl}. Dry Toa 0 DARK•NO STREET UONTO F TRAIN BARO O SARK•MEET 1,101•7 T C-11TCYCLE-1 r06 FTUNCTIONING- ND M ANIMAL' � g01TIICTY•DRUG na•cInllAatnNc uAe 8 PHYSICAL ROADWAYSURFACE 1 2 3 (MARK 1 TO 2 A DRY I FUSD OBJECT: C NMoF ITEMS) B I D q NAD N DIEN DRINKING C SNOpw 71 Y )( R OOJECT: 6 VISION OSSCUREMSNT. Iti H06-UNDLAC INr-LUENCE P SLIPPERY(MUODY,OILY,EEC.) ROWWOO TR6i F INATTENTION-, O HBO.NOT UNOER INFLUENCE' ROAOWAYCONO(TION(B) I 63TOP&GO TRAFPLC D HBO.IMPAI MENTUNIWOWN' 1 TO 2 rrFMSI PEDtSTRIAN'S ACTIONS H ENTBRWO t L11AVINQ RAMP 9 UNDER ORkJQ INFLUENCE' A HOLES.OEPP RUT' X I A NO PGDESTR S)WOLVSO I PR1.'VIOLIS COLLISION F IMPAIRMENT-FHYSICAL' B LOM19 MATE RLAL ON ROADWAY' B CROOSINO IN CROSSWALK J UNFAMILWI WITH ROAD 0 IMPAIRMENT NOT KNOWN C OBSTRUCTION KOADW AT INTERSECTION I K DCFOCTN VEi-LeouIP.: CITED H NOT APPLICASIS 0 CONSTRUCTION.REPAIR H6 C CROSSING IN CROSSWALK-NOT 'Ea 1 SLEEPYIFATI O E ROD ED RO AY WIOTH ATINT'ERSEETION NO F FLO DED- 0 CRO 1NG•NOT INICROBSWALK L UNINVOLVED VEHICLE O mciK 6 I OAD•INCL ES 311OV40M OTMER` X N N UNU A CONDI ONS F P577 ROADX N NO NE AP AFiENT O APPROACHING TLSAIA 0 SCHOOLB O RUNAWAYVEHIOLE SKETCH FOR,SKETCH DIAGRAM, SEF PAM,41 0 MIS us DOT INOrGATQ WRIN CR"'�rl�I•lT . .LI9C CHP PD/50 . n OTHER 12/09/�005 14: 01 FAX 415 7715845 VEEtJ LAW OFFICES 009/064 11/04/2005 17:02 70764255 BARNETT Ll"' 'FIRM PAGE 04/15 BTA"OP,CAtAio {iA , INJURED I WITNESSES I PA'SSENGEI,..: - repo a a Ta dHP 555 CR Rev T-03 OPt 05i DATF_OF COLLMION(MO. DAY YEAR) IM (2x001 NCIC F OFFiDGR I,O. NUMBPR 6!72!x00'3 0332 (9370 014162 tp L 5 �rmNcvs rw-,.Ena¢n A w s EXTENT OF INJURYV)C ONE) INJURED WAS C)C ONE) PRAT* $EAT AIA WITT auaTm ONLT QA1Y MJMBCA POs. R04 £CUIP. FnTnc SWAM w aE�A&Wi CorPAN agtVER PASS. oAa {IC10oCf oT>•MA NAJar WA an PAN ❑ ❑ 22 a ❑ d ❑ ❑. ❑ 1 7 ° NAME t O.Q,B,t ADORES& TELEP+IOrtE TASNI KA CRYSTAJ,CATO (02)2311983) 573 NF'WDURY LAN$#344 HAYWARD CA 94144 NONE (INJURED ONLY)TRAN5POMtO BY'- I TAifEN TO. CORNOMS OFFICTIRS caE�Nogs OFFICE D68CA1Be wjuat6s: BLUNT FORCE TRAUMA � �--} ViOTtM OF Vtt}LFNT C)tlMfi NOTiF11=D ❑u ❑ 2 t ]= n�'1 ❑ t_! ❑ ❑ o ❑ F ❑ I 3 8 G 0 NAME I D.O.B.I A0001M 7ELEi'NONL• A1IICSLLEBRCBANNAMAJS 07/11/1983 9068gNICIARD YA4LSI0 CA 9x597 W4%JR9D QNLY1 TRANAPORTtD BY: I TAKEN TO: CORNOR'S OFFICERS CORNOR'$OFFICE OEECPJBG NJURid9; I , OLUNT FORCE TRAUMA VICTIM OF wOLENT CRIMO NOTIFICD [3111a 1 F a Q a ❑ 5Tn 0 El 6 P a 0 NAME 0.0.0.f ADDRESS TELSPHONC IAM7I{A LATASMA N1ywMp.N 051W1984 jdT)EjjARDO CIR FP.IRRSM 93533 (MUR<O ONLY)TRAN9PORT'FD DY: TAKEN TO: CONOWS OFFfew CORNOR'S OFFICE DESCRIBIE IMUNel: BLUNT FORCE TRAVMA VICTIM OF VIOLENT ORIMe NQTIFW0 ❑� ❑ 25 P O ❑ ❑ [ C7 Q ❑ ❑ ❑ t 4 P Q ° MANE)/DAA,I ADD V33 I TELFFRONB CAMtLU ARAYTON (11/09/19,79), 209 ALASKA AVE#12 FAIRPISLA CA 90.533 tiNJuRSO ONLY)TR4mv*aTO 0Y: TAKEN TO: , AMR AMBULANCE ' MT.DIABLO t�scRree INJL+Ruis: I COMPLAINT OF PAIN TO C,HMT,NOMETIC ��tt ��^^--�� VlCT7M OF VIQLBN7 CRtuE NCTutsa QY 1 ❑ 7° M ❑ ❑ LJ ❑ lJ ❑ ❑ ❑ ❑ NAMCl O.O.R/AODRG99 TEtEPNONE ROS RT M11C APL IRt"CH 002711984 1901 BVENA THERRA ET SSNICTA CA 94910 (707)201-451 (NJQPM ONLr TRANSPORTLD 9Y: + TAKEN TV: D5SG1118G INRiRiBS: VICTIM OF V104PN7 CFBM9 NQTIPIEO U 2 ❑ - 40 M Fo 10 1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAMgJO,DE,/AVORCSS T£LEPHONP RICK OM-LON 8/19/1962) 1926 Ota_A COSTA e(.VA.I#209 PLB"^Nf HHG CA 94523 ONJURCD ONLY)TRANSPORYED$Y: I TAKEN TO; 06SCR186 fNJUNlB&: ' VICTIM DF VIOLENT CRIME NOTIFIED PR6PaRSR'Q NAME I.D.NUMBER NO. OAY YEAR RE+�I`y/SR'B NAME���MQ.�OAVYEAR 9-MLrR HY 0141!62 611212003 121'09/2005 14: 01 FAX 415 7715845 VEEN LAW OFFICES 010/064 11/04/2005 17:02 70V- 54255 BARNETT U; "` FIRM PAGE 05f/15 l"A%; UAL.01A U M 1 Pepe`,4 or 1ralle Ng,all loffs,j4g3 PEI 22 4 0.7CC?CDWW4M Me, bar 'tne) rimewee) 44 qKe orcxinin M�mem4 S 1�1 CTC ALL MCASUR MgKTS ARE APOROMMATR ANO NOT To SCALE UNLESS STATED CSQ%LE 1 r2 r2' nmbwix � N 1 IY7• �� �-1 312 'L'�Z"��$ .. e1VRTM 1 � I cot)cjz� ' ` Lir+—r5 • tj f r3Z rsi N �n!S �°'A°�� 4enuMpII1 Mo. eR+ •�.r gVnM�anwLa an. w• +6+w r7 12/09/2005 1402 FAX 415 7715845 VEEN LAW OFFICES 011/064 11/04/2005 17:02 707AJ54255 BARNETT Lr' `)FIRM PAGE 06/15 STATC OM V%OOPNIa FCt SbhCTyp G DRA4fZ4 l`f CHP goe 4fRRv. 1-0 1 dPl 061 Dnrr Or COLL�.�ON(M0. DA Y '(CAAI n�U•sof NGC* 0""A 1.6. MA+aEn a 0, AtLMLASUl1M4NT0AR�MPROXIMATSANDNOTTOGGALGUNLRODITAT70 {SCAN= 1 M/ . nl2 . N3. . . N -1 I /yr /z' 12r Dr INDtCATC/ t%t 2', !33 J NORTH S/� Z�f,Z• /o L9 10 rj 2L- o o lz 3 � iv lro nAEva nv i.D,MJM�tR M0. WY 1Mq IVN[WfAA unME M0. CAT Y"s l7 oaD Da�asre 12/09/2005 14 :02 FAX 415 7715845 VEEN LAW OFFICES (6012/064 11/04/2005 17: 02 7074 4255 BARNETT Lt" 'FIRM PAGE 57/15 STATE OF CALIFORNIA RATS OF[NIPPE"T nME NCIC MgEft OMCER I.D- NLIMAER 06/12/2005 0552 19320 1 L1�to2_ 1 �GEND 2 3 4 STATION LINE 0 .00 6 A station line was established on the center median of northbound SR-242 just south of the 7 posted Concord City Limit traffic sign and increases as you proceed south. The Concord City 8 .Limit sign is posted on the sound wall bordering the east side of northbound SR-242, 9 10 0+00 — 605 feet south of the posted Concord City Lu-nits sign and 5 feet wast of the west 11 roadway edge of northbound SR-242. 12 13 1'I'EM AND DESCRIPTION 14 15 L Beginning of gore point (NB I-680 /NB SR-242 split) 16 Located 0+781 feet and 0 feet right. 17 18 2. Posted "Ddt 50"sign located in the reverse gore point. 19 Located 0+378 feet and 10.5 feet sight. 20 21 3. Fixed light pole 418672. 22 Located 0+225 feet arld 30 Meet right. 23 24 4. Bush with broken branch from the subject vehicle. 25 Located 0+107 feet and 15 faet right. 26 27 5. Silver colored piece of car panel. 28 Located 0+91 feet and 19 feet right. 29 30 6. Broken piece of passenger side mirror. 31 Located 0+87 feet and 20 feet right. 32 33 7. Silver colored piece of car panel. 34 Located 0+94 feet and 20 feet right. 35 36 8.Conerete drain covert 37 Located 0+74 feet and 55 feet right. 3s 39 9. Silver colored piece of car panel 40 Locatcd 04.62 feet and 25 fret rigl%t. PREPAium,s NAME i.D�NVMHPR DATE REVIEWER'S NAA4E DATE CraraV, T. I6636 06/12/2005 12/09/2005 14 : 02 FAX 415 7715845 VEEN LAW OFFICES IA013/064 11/04/2005 17:02 70711 54255 BARNETT L." •FIRM PAGE 08/15 STATE OF CALIFORNIA h-{ DATE OFWCrDENT TIME NCICN ER OFFIC£RI.O. NUMBER 06/12J2005 .• 0552 9320 4 y S`4 1 �1VGEND CONTINTJED 2 3 '10. Redwood tree G Located 0+22 feet and 45 feet right. 6 .11. 2'x 1'piece of silver colored car paacl. 7 Located 0+20 and 52 feet right 9 12. SaturnA oint of rest(on passenger I ide facing an easterly direction) 10 F ght rear tire; - I, 11 Located 0+14 feet and 36 right. i 12 13 13. Right f'onttire: 14 Located 0+14 feet and 28 feet tight ROADWAY MARKINGS A = 3' CONCRETE CENTER MEDIAN WALL B = PAINTED SOLID YEL. LOW LINE C ASPHALT MEDIAN L. D = PAINTED 50I_I0 WHITE LINE E =ASPHALT SHOULDER F �ONCFZE-r5 AND BRICK SOUND WALL G BOTTS DOTS _ .. H = 6''CHAIN LINK FPNCE (CYCLONE FENCE) PRBPARHR'S NAME , LD.N%Lr,BZ R DATB REVIEWER'S NAME AATP, Garay,T.' 16636 06/12/2005 12/09/ 005 14 :02 FAX 415 7715845 VEEN LAW OFFICES IaO 14/064 11/04/2005 17:02 707AT4255 13ARNETT L'" "`FIRM PAGE 09/15 STATE OF CAI.rFORNIA TNE/ ENTAL F INCUENT TIME NCIC NUMUCR OFFICER 1.5. 06112/2005 0552 9320 014162 I S 1 FACTS: 2 3 NOTIFICATION: I was.dispatched to an accident with no details at 0_55_6 hours, Officer Johnson 4 913849 and Arroyo 414392 respionded at 0608 hours arriving on scene at 0613 hours. Upon 5 Officer Johnson's arrival he advised that the car was fully engulfed with the possibility of three 6 fatalities . I responded at 0619 hours arriving on scene at 0622 hours. All times, speeds and 7 measurements are approximate. Measurements talcen by rollometer, pacing and estimations. e 9 SCENE: At the scene of the accident 1-680 NIB is a full access freeway consisting of six lanes, 10 the freeway splits into two separate freeways, with three lanes going to a left hand curve 11 remaining 1.680 N16, and three lanes going straight becoming SR 242 NIB. In between these 12 areas is an area called a gore point that is paved then goes Into a dirt landscape area with bushes 13 and trees. (see diagram). 14 15 PARTIES: 16 17 PARTY 91 (CAM P-1 was not contacted due to'having fatal injuries at the scene. P-1 was 18 placed as the driver by passenger Drayton. P-1 had a valid license an was placed as a party by: 19 statements of passenger Drayton 20 position in vehicle 21 22 VEHICLE #1 (SATURN)- V-1 was located on the right aide facing a north east direction In the 23 landscaped area of the gore point area of 1-680 and 5R 242. The vehicle had major damage 24 including but not limited to: front)bumper, grill, hood, right and lett sides, in addition to being burnt. 25 26 27 28 29 PREPARED By I.D. NYMESIR DATE REVIEWERS P. MURPHY 014,62 06/12/2005 12/03/"2005 14 : 03 FAX 415 7715845 VEEN LAW OFFICES [A015/064 11/04/2005 17: 02 707"40,54255 BARNETT L" )FIRM PAGE 10/15 STATE OP CALIFORNIA NARRATIVEISUPELr;MENIALIE DATE OF INCIDENT TIME NCIC UMBER OFFICER R 06/1222005 0552 9320 014162 1 24 HOUR PROFILES ON CATO. MILLS, ANl7 NEWMAN): i 2 (Provided by Camille Drayton DOB 11/09179) 3 Camille said that she,had got up around 6:00 AM on Saturday (6/11105)went to work at 7:00 AM 4 and worked to 9:30 AM, Camille said when she got home her younger sister Jamika (Newman) 5 came over around 10:95 AM. Camille said they then drove to Oakland to see Bree (Mills) 6 graduate from Silicon Valley College. Camille said that her sister Jamika and Brea were best 7 friends. Camille said when they were at graduation they met with Tas (Cato), Camille said that S Tas and Bree were friends. Camills said that graduation was over at around noon and that Tas, 9 Bree drove up to Sree's and that her and her sister Jamika drove her car up to Brea's. Camille 10 said that the four of them then i ung out at Brea's for several hours, having a drink of Hennessey 11 and Banana Juice. Camille said they all four got Into Tas' car and drove to Tas' house in 12 Richmond. Camille said they w i nt to Hilltop Mall, did some shopping then went back to Tas. 13 Camille said they then left around 10:30 PM and drove to a motorcycle show In Stockton, with 14 Bree driving Tascar_ Camille said that they only had one drink at the motorcycle show because I 15 the ice machine at the bar was broken. Camille said that before they left Stockton they went to a 16 Denny's in Stockton and had food. Camille said that Just before they left at 5:12 a.m. Jamika 17 called her fiance to let him know no they were on the way home, Camille said that none of them had 18 any sleep. 19 20 '(PROVIDED BY MOTHER OF CATO, JUNE SCHLOTFELDT DOB 06124/56) 21 June said that her daughter lived on her own in Richmond, CA and that she would let her borrow 22 her car from time to time. June said that she last talked to her daughter on Saturday evening 23 around 10:30 PM. 24 25 (PROVIDED BY MOTHER OF MILLS, PATRICIA RANDOLPH) 26 Patricia said that Bree had spent t the night at her house on Friday night and that they had stayed 27 up quite late talking about graduation on Saturday. Patricia said that she woke Bree around 7:00 28 a.m. on Saturday to got ready for graduation. Patricia said that they alt went to graduation whare 29 Bree met with her friends. Patricia said after graduation they ended back at her house. Patricia PR PAA Y i.D.MSM$ D ­W(EWEIVS WAME DATE P. MURPHY 014162 06/12/2005 12/09/2005 14 :03 FAX 415 7715845 VEEN LAW OFFICES 016/064 11/04/2005 17: 02 707'154255 BARNETT U' "'PIRM PAGE, 11/15 STATE of CALZFoRmA 4 U ARiVE/SUEPLENIENTAL GE 10 4 FA`T'E CIOE 'P' TIM E NCIC1N1UGPMtBtER OFFICER I.D. NUMM 06/12/2005 0552 9320 014162 S 1 said they hung around the house the rest of the day, went to Bree's favorite restaurant, went by 2 and got the cake at Safeway so Bree could see it, Patricia said that the four girls then left to go to 3 Tas' house at around 7:00 p.m. 4 5 PASSENGER (DRAYTON)_ Drayton was contacted in the rear of the ambulance and at the 6 hospital, Drayton was able to provide information on P-1, and the other two passengers In the 7 vehicle. t3 9 PHYSICAL EVIDENCE: Debris, damage to tree, vehicle location, 10 11 STATEMENTS: 12 13 PASS NGER d YTON : Drayton said that she was the left rear passenger and that she had 14 been asleep when the accident i ccurred. Drayton said thatjust prior to the accident she heard a 15 scream, that she then could feel the car hitting the bushes and that they then went airbome hitting 16 the tree. Drayton said the car then ended up on its side and that she crawled out the door. 17 Drayton said when she crawled out the engine area was already on fire. Drayton said she crawled 18 back in trying to get her sister, but couldn't, Drayton said she Crawled out and was helped away 19 as the car exploded, 20 21 WITNESS #1 (HIRSCH)., Statement taken by Officer Johnson #13849. 22 W-1 said that he was on NIB 1-680 at Monument Blvd. in lane #1 going 75 mph when a dark 23 green or blue car passed him on his right side going 80-85 mph. W-1 said that he was about 200 24 yards back when he saw that car bounce off the right side wail of SR 242 then back across to the 25 center wall at which point W-1 believes the car went over the wall landing below. W-1 said he 26 stopped and went down and saw a person crawling out. W-1 said he went around the back side to 27 see if there was anyone else in the car, W-1 Bald the door was open at the top of the vehicle and 28 that there was a loud explosion. W-1 said that as he was dragging the survivor away she kept on 29 yelling my baby, beating on meIand trying to get back to the car_ W-1 said by that time it was 60% PR A EO i.p,NUm13zK DATE REv ER's NAW 0ATE R MURPHY 014162 06/12/2005 12/09/2005 14 : 03 FAX 413 7715845 VEEN LAW OFFICES (6017/064 11/04/2005 17:02 7071154255 BARNETT L '`;PIRM PAGE 12/15 VrATE of C.tL1FQF2g1A _ NAISRAJIVEJAUPPLEMEbITAL PAGE 11 DATE OMNCIDENT TIME NCIC NUMBER OFFICER I.D. N R 06/1212005 0552 9320 014162 t 5 1 engulfed. W-1 said he asked if there were other people in the car and the survivor said her sister, 2 my baby and someone else. W-1 i ald he did not hear any screams coming from the vehicle and 3 within a matter of seconds It was Tully engulfed. W,11 lateL 1galized ffP.[1K8 car that \ 4 he saw bounce off t wal _,never samtstul�rar until s#q,pgand sew it on fire. 5 6 WITNESS IDILLON): Statement taken by Officer Samuels#15478 7 W-2 said that when he showed up he called 911 at 0608 hours to advises of the accident and 8 that the car was full engulfed. W-2 said he saw two white men standing on the concrete walkway 9- Fed Rti #e.�.#hat when the ambulance showed up he looked back down and they were 10 22no, W-2 said it looked like a father and son. 11 12 ADDITION FACT-URAL INFORMA,'ION: The on and offramps, along with the general area was 13 checked from the scene of the accident north on SR 242 to the W illow Pass offramp from SR 4 14 E/B looking for the car with fresh accident damage similar to what \N-1 had described, with 15 negative results, The area was chi ecked Where W-1 Indicated he saw a car frit the wall, and 16 though there were scrape marks(there was no glass or other debris in the area and the marks on 17 the wall were enough that generally there would have been debris left behind. In addition the 16 scrape marks were not silver the color of V-1. 20 Coroner's Case ws 21 Tasnika Crystal Cato 05-1292 22 Jarnika Latashle Newman 05-1293 2$ Mlkelle Brieanna Mills 05-1294 24 25 OPINIONS AND CONCLUSIONS: 26 27 SUL111MARY_ P-1 (Cato) was driving V-1 on 1-680 south of SR 242 in an unknown lane at an 28 unknown speed. P-1 (Cato) for ulnknown reason(s) made an unsafe turning movement to the right 29 causing V-1 to exit the roadway. After leaving the roadway V-1 traveled through the landscaped PREPAREW B 0.NUt DATE REV12 ER'5 NAME DTE P, MURPHY 014162 06/12/2005 12/00/2005 14 :04 FAX 415 7715645 VEEN LAW OFFICES a 018/064 11/04/2005 17:62 76754255 BARNETT L FIRM PAGE 13/15 STATE OF C-AJ.MORNIA NARRATIVE!$4JPPLEM_ETAL DATE OF INCIDENT T! E K=NUMBER ttt8Er2 061`12/2005 0552 9320 014162 1 area where V-1 struck a tree. The collision with the tree caused V-1 to erupt into flames. 2 Passenger Drayton was able to escape V-1 the other three occupants were not. There is no eye 3 witness or physical evidence that Indicates V-1 left the roadway as a result of being cut off by 4 another vehicle or mechanical failure. 5 b 7 POINT OF IMPACT (P01)a POI determined by physical evidence. 8 9 POI #1 between V-1 and tree was 827'south of the Concord City Limits and 45' west of west 10 roadway edge of SR 242 N/15. 11 12 CAUSE: The primary cause of this collision is P-1 making an unsafe turning movernent in 13 violation of 22107 V.C. 14 15 RECOMMI IPATIONS: None. PFMPARNO sy Iii}.N NIBS DATE REVIEW F1AM$ DATE P. MURPHY 014162 06/12/2005 12/09/2005 1.4:04 FAX 415 7715845 VEEN LAW OFFICES [A018/064 11/04/2005 17:02 707'254255 BARNETT L' `,FIRM PAGE 14/15 �TA ]3 OF CALIFORNIA• NARRATIVElSUPPLEMENTALPAGE 30F D IN EOFI TIME nC1CNLJMMR�b?r10fR 9320, PERSONNEL AT THE SCENE: The following personnel and allied agencies responded to this tretllc collision scene or were assigned other duties as Indicated: Callfomla Highway Patrol: Contra Costa Area Office 5001 Blum Road Martinez, CA. 94553 (925)648-4680 Sergeant C. Costlgan ID 013042 Incident Commander Officer P.Murphy ID#14182 Primary Investigator Officer D.Johnson ID 013649 Assistant inve3tigetar Ofllcer R.Arroyo ID#14392 Factual Diagram Officer T.Garay ID#10830 Factual Diagram Officer M. Mendenhall ID 016970 Scene Measurements OfltcarF. Autawan ID#14817 Scene Measurements Officer R.Thomas ID#17413 Photographs Officer J. Miga ID#16964 Scene documentation Officer B. Montgomery ID 016713 Scene Documentation Officer J. Samuels ID#15478 scene Documentation Dispatcher M.Ernie ICI iOA13221 Communications `Note_ In addition to the above duIVes, CHP personnel conducted field interviews, obtained Statements and performed physic all evidence documentation, Sergeant Costigan notified Contra Costa CHP Lieutenant Smith through GGCC and advised of this fatal trafflc collision on June 12, 2005 at approximately 0645 hours. Pleasant Hilt Flre Department: Engine#E5 Pleasant Hill, CA. (925)930-5531 Captain 0. Gonzalez Incident Commander Engineer G. Caravantes Emergency Operations Flreflghter D. Batt Emergency Operations Concord Fire Department: Engine#06 Concord,CA_ (625) 930-5531 Captaln Liberman Incident Commander Engineer Clausen Emergency Oparatlons Firelfghter Surlis Emergency Operations American Medical Response: Rig#6e2 Concord, CA. EMT Nicole Medical Treatment EMT Kim Medical Treatment PREFAB D.N DATE :, J. SAMUE.hS:. 15478 06/13/ 2005 :•r, 12/09/'2005 14 : 04 FAX 415 7715845 VEEN LAW OFFICES 16020/064 .11/04/2005 17:'62 70"''?54255 BARNETT t'" FIRM PAGE 15/15 *STAT E OF CALI'ORNT A, NARRAT)vE/SUPPLEMENTAL PAGE I.�OF I � DATF. QF INC I NCf R lCE NUMBEF2 • -' S U S S Z, 9320 l y.l t z 16 1 S 44 i Contra Costa County Sheriff's oirica: Coroner's Bureau 1980 Muir Road Martinez, CA 84553 (92S) 318-2850 Coroner C. Kay Coroner Investigator Coroner F. Glasser Coroner Investigator American Tow: 5017 C. Foml bflve Concord, CA. 94520 (925) 662-8122 Operator J. Ehling Tow Operator Operator C. Ehling Tow Operator California Department of Transportaticn—CALTRANS: Walnut Creek, CA. (925) 926-8112 C- Johnson Fleld Supervisor R D BY 1.0,NUM9ER oAIM . J. SAMUELS, 15478 eR's NA DATE.' 06/13/2005 r ,. 12/09/2005 14 05 FAX 415 7715645 VEEN LAW OFFICES (6021/064 1 PROOF OF SERVICE 2 I am employed in the City and. County of San Francisco, State of California. I am over 18 years of age and not a party to this acon. My business address is The Veen Firm, P.C., 711 Van Ness 3 Avenue, Suite 220,San Francisco, California 94102. 4 On the date below I served al true copy of the following document(s). 5 Attachment to Government Claim and Government Claim Against the State of California (CALTRANS), Contra Costa County, and City of Concord 6 on the following parties to s i d action 7 Clerk, Board of Supervisors 8 County Administration Building 651 Pine Street,Room 106 9 Martinez, CA 945531 10 City Attorney's Office 11 1950 Parkside Drive Concord, CA 94519 j 12 California Victim Compensation and Government Claims Board 13 P.O. Box 3035 14 Sacramento,CA 95812-3035 15 by the following means: 16 (BY MAIL) By placing a true copy of the above,enclosed in a sealed envelope with 17 appropriate postage, for collection and mailing following our ordinary business practices. I am readily fatr%iliarlwith this business's practice for collecting and processing correspondence 18 for mailing. On the same day that the correspondence is placed for collection and mailing,it is deposited in thelordinary course of business with the United States Postal Service,in a 19 sealed envelope with postage fully prepaid. 20 ❑ (BY OVERNIGHT DELIVERY) By placing a true copy of the above, enclosed in a sealed envelope with delivery charges to be billed to The Veen Firm, P,C., for delivery by Federal 21 Express to the address(es) shown below. Q (BY FACSIMILE TRANSMISSION) By transmitting a true copy of the above by 22 facsimile transmission ftoin facsimile number (415) 771-5845 to the attorney(s) or partv(ies) 23 shown below. F7 (BY MESSENGER) By placing a true copy of the above in a sealed envelope and by giving 24 said envelope to an employee of Western Messenger Service for guaranteed, same-day delivery to the address(es) shown below. 25 ❑ (BY HAND DEILTVERY) By personal delivery of a true copy of the above to the attorneys 26 or parties shown below 27 28 THE VEEN FIRM,P.C. n'V.N Kc6 MIC_vww= eu+Faer+cbco.uw+oa PROOF OF SERVICE wMhn con 12/09/2005 h4 :05 FAX 415 7715845 VEEN LAW OFFICES fJ0221064 1 2 (BY E-MAIL or ELECTRONIC:TRANSMISSION) Based on a court order or an agreement of the pasties to accept service by e-mail or electronic transmission, I caused the 3 documents to be sent to the persons at the e-mail addresses listed below. I did not reccivc, within a reasonable period of time, after the transmission,any electronic message or other 4 indication that the transmission was unsuccessful. 5 I declare under pen Ilty of perjury under the law of the State of California that the foregoing is true and correct. DATED: December=\ I2005 f/ V[ (l� y 1t--- - 7 Margo Banowicz 8 9 10 11 12 13 14 1s 1$ 17 18 19 20 21 22 23 24 25 26 27 28 s THE YCEN FIRM,P.C. hi VAN mob WE.WnM 9M1N imA667 A@00 2 PROOF OF SERVICE LlN15 161M.CA wr.w�Mmm.aom 1 CYNTHIA MCGUINN, NO. 099324 _ MILES B. COOPER,NO. 2;09085 U 5 11'L�c.Q.i 2 ANTHONY L.LABEL, NO. 205920 THE VEEN FIRM, P.C. fRi ECE"WED 3 711 Van Ness Avenue, Suite 220 San Francisco, CA 94102 4 Telephone: (415) 673-4800 DEC L12 2005 Facsimile: (415) 771-5845 CLERK HMO 06 cUPERBISORS 5 ATTORNEYS FOR.CLAIMANT CONYRA COSSfa CO. 6 CAMILLE DRAYTON 7 Camille Drayton, 8 ATTACHMENT TO GOVERNMENT Claimant, CLAIM AND GOVERNMENT CLAIM 9 AGAINST THE STATE OF V. CALIFORNIA(CALTRANS), CONTRA 10 COSTA COUNTY,AND CITY OF State of California Department of Transportation CONCORD 11 (Caltrans), Contra Costa County, and City of Concord, I Government Code § 910 et seq. 12 13 Respondents. 14 T--i THE STATE OF CALIFORNIA (CALTRANS), CONTRA COSTA COUNTY,AND 15 CITY OF CONCORD: 16 Pursuant to Government code sections 910 and 911.2, CAMILLE DRAYTON.("claimant") 17 hereby submits the following claims against the State of California (CALTRANS), Contra Costa 18 County, and City of Concord. 19 CLAIMANT: Gov. Code f 910(a) The name and post ofice address of the claimant. 20 The claimant is C rnille Drayton, 426 Great Jones Street,Fairfield, CA 94533. 21 RESPONSE AND NOTICE ADDRESS: Gov. Code 5 990(6) The post office address to ubicb 22 the person presenting the claiml desires notices to be sent. 23 All official notices and other correspondence should be sent to THE VEEN FIR NI,P.C., 24 711 Van Ness Avenue, Site 220, San Francisco, California, 94102, (415) 673-4800. 25 FACTS GIVING RISE TO THIS CLAIM: Gov. Code 5 910(c) The date,place and other 26 circumstances of theoccurrent I or transaction obich gave rise to the claim asserted. 27 The occurrence took place at approximately 5:52 a.m. on June 12, 2005,northbound on I- 28 1 THE VEEN FIRM,P.C. 711 VAN NESS AW.SUM= ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF sANFnnMIS4156C97 cAsnoz Tel. CALIFORNIA(CALTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD wwx.veanlirm tom 1 680, 627 Feet South of 680 CCC 18.71,in the City of Concord,County of Contra Costa, (hereinafter 2 the "ACCIDENT SITE") as . ore fully described in CHP Traffic Collision Report No. 6-154, 3 attached hereto as Exhibit 1. 4 The circumstances giving rise to this claim are as follows: At the above time and place, 5 claimant was a passenger in a 2003 Saturn Sedan. Claimant was injured when her vehicle left the 6 roadway at the gore point between I-680 N/B and SR 242 N/B, collided with a tree and was 7 engulfed in flames. Plaintiff Crawled out of the burning automobile and observed her sister,Jamika 8 Newman, perish in the vehicle as it was engulfed in flames. 9 Claimant asserts thatlthe State of California (CALTRANS), Contra Costa County,and City of 10 Concord negligently and carllessly designed,warned,failed to warn, constructed, created, 11 maintained,repaired, owned, operated,controlled, signed, striped,guarded and regulated the 12 aforementioned ACCIDENT SITE and the adjacent roadway thereby creating a dangerous 13 condition which caused and'contributed to this accident. In addition to the negligent and careless 14 design and construction of I e ACCIDENT SITE and the approach to the ACCIDENT SITE, 15 there was, among other!gs, a: 16 (a) failure to warn of, and/or prevent and/or correct a "dangerous condition" (a 17 condition of property that I eates a substantial [as distinguished from a minor, trivial, or 18 insignificant] risk of injury I hen such property or adjacent property is used with due care in a 19 manner in which it is reas Inably foreseeable that it will be used) on, or immediately adjacent to, 20 public property; 21 (b) failure to provide and/or construct and/or maintain an adequate and safe 22 barrier and/or median; 23 (c) failure to warn of the absence of an adequate and safe barrier and/or median; 24 (d) failure to provide,place and/or construct and/or maintain adequate lighting; 25 (e) failure to provide and/or construct and/or maintain an adequate shoulder 26 along the roadway; 27 (f) failure to provide and/or construct and/or maintain a safe roadway width 28 and/or roadway surface; 2 T711 HE PEEN FIRM,P.C.VANIESSAVE, 9lA ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF SA . SAN FHANGBCO,CA941O2 CALIFORNIA (CALTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD Tel.(i15�8131888 ' w.vw en!m.com 1 ' 1 (g) failure to provide and/or construct and/or maintain an adequate number of 2 lanes for vehicle travel in lighIt of the volume of traffic traversing the roadway; 3 (h) failure to post.a sufficient number of signs and/or signals at the time of the 4 injury to warn advancing motorists of the dangerous propensities of the roadway; 5 (i) failure in permitting the legal speed limit at the location of the accident to be 6 greater than the speed at which vehicles could be safely driven. Claimant is informed and believes 7 that based on the configuration of the roadway or other existing physical conditions, speed signs 8 should have indicated that area should be driven at less than the legal speed limit; 9 (j) fail le to provide and/or construct and/or maintain adequate striping, 10 roadway markings, channe I ation,and devices such as bot dots or other noise attenuation devices 11 sufficient to guide and wa I drivers away from the gore point; and 12 (k) failure to adequately warn of the dangerous and unsafe conditions described 13 above contributed to this accident by failure to provide notice to motorists using the roadway of the 14 dangers that lie ahead which would have allowed motorists to anticipate and better respond to such 15 dangers. 16 These hazards, stated above,were not reasonable,violated design standards and created a 17 dangerous condition of public property. If the roadway was designed with the aforesaid defects 18 mentioned above, such de ligns were not reasonable and the designs could not have reasonably been 19 approved. If in fact the d(sign was reasonably approved, conditions changed substantially since time 20 of the design in that traffic volume and commute speeds have increased tremendously, creating an 21 extremely dangerous condition in a roadway span which is not properly and adequately signed and 22 which lacks necessary safelty devices to warn motorists of the danger in the road. 23 Further, claimant is informed and believes that employees of the State of California 24 (CALTRANS), Contra Costa County, and the City of Concord created and knew or should have 25 known of these hazardoul, dangerous and defective conditions,and failed to take the necessary and 26 appropriate steps to warn) control, reduce and eliminate the hazards which conduct would have and 27 could have reduced or els sated the injuries sustained by claimant. 28 INJURIES: Go I. Code (f 910(d)'Ageneral description of the indebtedness, obligation, injury, damage or -3- THE VEEN FIRM,P.C. I 711 VAN NESS AVE.,SUM= ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF SAN TellNCISCO CA(415)57,3 Wo 1� CALIFORNIA(CALTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD wMv.Mentilm cDm ' 1 loss incurred so far as it may be known at the time ofprmentation of the claim. 2 3 Claimant suffered catI astrophic personal injuries, including but not limited to physical injuries, . emotional distress, emotional distress—bystander (Dillon v. Leg ,loss of household services,lost 4 earnings, lost earning capacity, and general damages, all to her economic and non-economic damage 5 according to proof at trial. Ilaintiff also suffered the wrongful death of her sister,Jamika Newman, 6 7 and has additionally suffered wrongful death economic and non-economic damages, including but not limited to damages for loss of financial support, gifts, benefits, funeral and burial expenses, 8 household services,lov 9 e, companionship, comfort, care, assistance,protection, affection,society, 10 moral support, training and I guidance. PUBLIC ENTITY EMPLOYEE RESPONSIBLE: Gov. Code§910(e) The name ornames 11 of the public employee or employees causing the injury, damage, or loss, if known. 12 f Claimant is currently unaware of the name or names of the public employee or employees 13 " causing injury, damage, or ll ss. Claimant reserves the right to amend this claim when such 14 information becomes known to her. 15 DAMAGES: Gov. Code§910(o. . . . If the.amount claimed exceeds ten thousand dollars(,$'10,000), 16 , no dollar amount shall be included in the claim. However, it shall indicate whether the claim would he a limited civil 17 case. 18 Claimant is currently unaware of the amount of economic and non-economic damages, but 19 given the nature of her,injLs, the amount claimed as damages is estimated to exceed the 20 21 jurisdictional limits of a I"ted civil case. Therefore,jurisdiction will rest in Superior Court, Unlimited Jurisdiction. 22 23 DATED: December T,'2005 THE VEEN FIRM,P.C. 24 25 By: ///t-- �`y'nthia McGuinn 26 Attorneys for Claimant Camille Drayton 27 139744_l.doc 28 THE VEEN FIRM,P.C. Ttt VAN NESS AVE..SUM= ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF SAN FkANd5'OZ"CA 991@ Te ANOI�SCALIFORNIA (CALTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD www.veenfum.com 11/04/2005 17:02 707154255 BARNETT L 'FIRM PAGE 02/15 STAJE OF,CALIFORNIA 'ry 1 TRAP='1'C COLLISION REPOK1_.... Jul. 1 to CHP 555 CARS Page 1 (Rev 1.03)OPI 061 Pagc et P8CIA4 CON TIONS "Aft" CITY A/DICIAL OIETflICT LOCAL REPORT M1M8ER FATAL wA.,Gw rn.oNr 1 CONCORD MT.DIABLO WAOD\Mw A"Y AI.MfMN COUNTY REPORTING OI87RICT OGT �®�aey ' , 3 0 CONTRA COSTA 683 �O COLLISION OCCURRED ON: I MO DAY YW TIME 1=41)(7/ NCIOSOFFICER LO. 1.680 NIS 6/122005 0552 9320 014.167. MILEPOST RIFDRMATION: AY OF WEGK TOW AWAY PHOTOGRAPHS BY: ❑NONE a 627 FEET 5DUTIi OF 660 CCC 18.71 ' SUNDAY X YES NO OFC.THOMAS U AT INTERSECTION WIi11: STATE NWYREL OFC.BONILLA Mop. 627 FEET SOUTH OF CONCORD CITY LIMITS X YES 7 No PARTY ORIVS LICENSE NUMBER STATE CIASe ARI DAG SAFETY EQUIP. VER.YEAR MAKE IMODEL)COLOR LICENSE NUMBER S ER' TATE, 1 Ol 182207. CA C 8 0 2003 SATURN SEDAN SLV 5EIVCr784 CA DRIVER NAMEIFIRST,MUDDLE,VST) TASNIKA CRYSTAL CATO GWNER'S NAAA SAME AS AS ORN[R Roll, STReETACOR®E JIjNFASCHCOTFELl7'c 67 5 NEW13URY LAM 10 344 OWNER'S ADDRESS SAME ASORIVCR "An D cITY/rrATnizip - 37.464 HDITFI WAY 1 'ION CITY CA 94587 VEHICLE CA 94544 OISPOGRION OF VEHICLE ON OROERr"Dp: QOFFlCFR ORNGR .� OTHER 011�j SG HAp @TS9 HF Mfr WE GM I bRi7H0ATE *Ace AMERICAN TOW-(925)82.8122 F BLK ERN 5-04 150 M2/23/1983 my H. X B PRIOR MEGDEFECTS NONE PPP, PFF[R 10 NApRATIVE OTHER HONE PHONE OUSINBSS PHOM VEHICLE IDENT)FICATIDNNUMSEp: NONE NONE I WHICIA TYPE ORSCR BE VEHICLE DAM AGE SHADE IN DAMAGED AREA INSURMGB CAAR1ER POUCVNUMBDR ❑UWf NONE ®MINOR TRANSPORTED 01 M+DD X MAJOR _RaL•oven SIR OF TINVFL ON STRSBT OR HIGHWAY - 33PEED Uf VT CA OOT N I-680 65 CAI.-T, TCPIPSO MOWPARTY ORNEKS LICEN$r-AM STATS CIASS MR HAG SAFETYEOUIP. VEX Y11Aq MAKE/MODEL/COLOR LICENSE NUMBER STA'PE 2 ORVPR NAME(FIRST,NIDDv-LAST) - fa I OWNER'S NAME SAME AS DRIVER 1 p•DES STR.A,ETA0OR88B TRIAN OWNER'S ADDRESS ❑SAME AS DRIVER pAR1�0 CITY I SrATE I ZIP AICMCI DISPOSITION OF VEHICLE ON ORDERS OF: OFFICER aORNER 0OTHER BfC1- SEX HAIR EYES HRIGHT WEIGHT I BD2THDATE RACE UJ cost aP D,Y rMP PRIOR MECHANICAL OnNeTS NONE APP. REFER 70 NARRATIVE OTHER HOME PHONE SUBRde83 PHONE VEHICLE IDENTIFICATION NUMBER; VOHIMS TYPE DESCRIBE VLHIC4e DAMAGE SHADE W DAMAGED AREA MSLRtANCr CARRIER POLICY MVMOER GUNK I INONa MINOR MOO ITJ OR ROU.OVHR OIROFTRA%fn ONSTAORTORHIGHWAY SPEED LIMB DOT CAL•T TEPIPSC MCIMX PARTY ORWFRS LICENSE M1MeER $TATE DLA.Cr AIRBAG SAFE iY F,OUIP, VEN.YEAR MAKE/MODEL/CCkOp LICENSE NUN89R STATE 3 DRIVER NAME(MST,MPDDLE,LAST) OWNEKS NAM1; I I SAMS AS CANER P71e STREET ADDR110TFUu OWNER'S ADDRESS �SAMe AB DRIVER PARKCD CITY I STATE I`,IP vewa.E OIBPOSITON OF VEHICLE ON ORDERS OF; OFFICER ORIVER Ly yTHER Y �. 4� 5EX HAIR EYES HEIGHT W EIGHTT � BIRTHDATE RAGE. OAT YAM PRIOR MF.rI4ANOIALDG'CST9 NONEAPP. F-TEFERTO NARRATIVE OTHER MOMS PAIONE BUSINESS PHONE VEHICLF IDENTIFICATION NVMBER: VEHICLE TYPE DESCRIES VEHICLE DAMAGE SHADE M DAAAAGFD ARBA INSURANCE CARRIGR POLICY NUMBERLINK �NONB MAJOR MOD -• "An ROLL•OV5R =ITLAWL STREET OR HIGHWAY SPEEDUMIT CA OOT CAL•T TUPIPSC Mum PRGPARER'S NAME OISPATCN NDIM190 REVIEWER'S NAME DATE nEVIEWCD P.MURPF'IY 014 162 1 R YPS NO NIA � � 11/04/2005 17:02 707-4254255 BARNETT Lf f-NIFIRM =PAGE03/15STATP.OF CALIFGRNIA TRAFIFIC COLLISION CODING -- CHP$56 LIARS PBgc2 (Rev, 1-03)OPI 081 DATCONGOLLI610N(MO. DAY YEAR) 71 RAW) NCIOP OFFICER I.O. NUMBER 6112/7005 0552 9320 014167. ko L -� OWNER OYAJERADORF.", NOTIFIED PROPERTY []YES ANO DAMAGE OESCRIPTIONOPOAMAGE SEATING POSITION SAFETY EQUIPMENT INATTENTION CODES OCCUPANTS I.-AIR BAG DEPLOYED MIC BICYCLE-HELMET M.AIR DAG NOT DEPLOYED DRIVER PASSENGER A-CELL PHONE HANOHELD A-NONEINVEWICLE N•OTHER V•NO X•NO BELE PHONIC HANDSFREE B•UNKNOWN W-YES Y•YES C-ELECTRONIC ECUIPMENT C-LAP BELT USF-D P-NOT REOUIREO D•RADIO/C0 Z 3 1•DRIVER D-LAP BELT NOT USED 9-SMOKING E-SHOULDER HARNESS USED EJECTED FROM VEWICLS $TO 3•PASSENGERS CHILD RESTRAINT F-SATINTi '4 E 7-STA.VdGN REAR F-SHOULDER HARNESS.NOT USED D-IN VEHICLE USEDG.CHILDREN 9-RR OCC TRK,OR VAN C'•LAPISHOULOER HARNESS USED D-NOT EJECTEDR•IN VEHICLE NOT USED H-ANIMALS 1.FULLY EJECTED 9-POSITION UNKNOWN H•LAP/SHOULDER HARNESS NOT USED S-IN VEHICLE USE UNIWOWN 1- PERSONNEL HYGIENE J-PASSIVE RESTRAINT USSO 2-PARTIALLY EJECTED 7 D-OTHER T-N VEHICLE IMPROPER USE 3-UNKNOWN J-OTHER - K-PASSIVE RESTRpINTN07 USED U•NONE w VEHICLE K-OTHER ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK I')SHOULD BE EXPLAINED IN THE NARRATIVE. PRIMARY COLLISION FACTOR IMOVEMENT PRECEDING UCTMJMOERMOFPARTY ATFAULT TRAFFIC CONTRO�OLMGES I 2 3 1 SPECIAL INFORMATION 1. 1213 COLLISION )' VC SECTION VIOLATED: CITED BS A CONTROLS FUNCTIONING A HA7ARDOUS MATERIAL A STOPPED A •12107 0 B CONTROLS NOT FUNCTIONING' B CELL PHONEFANDHI.L.UIN USE B PROCEEDING STRAIG14T B OTHER IMPROPER DRIVING' C CONTROLS OBSCURED C CEI.I.PHONE HANOGFREE IN USE C RAN OFF ROAD X D N4 EONTROLS PRESENT I FACTOR' D 7F-LL PHONE N N VSE O MAKING RIGHT TURN C OTHER THAN DRIVER- TYPE OF COLLISION E SCHOOL BUS RELATED E MAKING LEFT TURN 0 UNKNOWN' - A.HEAD•ON p-75 FTMQTQATRUrK COMBO F MAKING U TURN B SIDE SWIPE G 32 FT TRAILER COMBO G BACKING C REAR ENO li H SLOWING!STOPPING WEATHER (MARK1T021T_EMS) D BROADSIDE _ I I PASSING OTHER VEHICLE 7'A CLEAR X E HIT OBJECT J J CHANGING LANES B CLOUDY F OVERTURNED I IK K PARKING MANEIJVER C RAINING G VEHICLE I PEDESTRWN 1. L ENTERING TRAFFIC b $NOWING H OTHER". RM OTHER UNSAFE TURNING E FOO/VISIUILITY FT, N N XING INTO OPPOSING LANE _ F OTHER:,ER;' MOTOR VC41CLF INVOLVED WITH 0 O PARKED G WIND A NON.COLLISION P P MERGING LIGHTING B PEDESTRWN I p O TRAVELING WRONG WAY X A DAYLIGHT _ C OTHEf TORVEHICLE OTHER ASSOCIATED FACTORS R OTHER' B DUSK-DA D MOTOR VEHICLE ON OTHER ROADWAY 12 3 (MARK 1 TO 2 ITEMS) G DARK.'STREET LIGHTS E PARKED MOTOR V&14 CL A VE FCciloxvMIATLP. OTO BYES D DARK•NO STREET LIGHTS F TRAIN MO e DARK-S EETLIGHTS NOT G BICYCLE FUNCTIONING' - NO _ H ANIMAL; � SOBRIETY-bRUG ROADWAY SURFACE wsFcmMugV,Tlc Mico �('''``77 PHYSICAL X A DRY 1 FDGEO OBJECT: C ENDS � 2 3 (MARK 1702 ITEMS) 8 WET D LJJ A HAO NOTBEEN DRINKING C SNOWY-ICY - X J OTHfROBJECT: _ E VISION OBSCUREMENT; 13 HBO-UNDER INFLUENCE O SLIPPERY(MUDDY,OILY,ETC.) REDWOOD TREE F INATTENTION',, - C HBD•NOT UNDER INFLUENCE* ROADWAY CONbITION(S) 1 _ G STOP&GO TRAFFIC D KBD-IMPAIRMENT UNKNOWN' (MARK 1 TO 2 ITEMS_) PEDESTRIAN`S ACTIONS H ENTERING I LEAVING RAMP E UNDER DRUG INPLUENCE- A HOLES,DEEP RUT' X I A NO PEDESTRIANS INVOLVED I PREVIOUS COLLISION IF IMPAIRMENT-PHYSICAL" 8 LOOSE MATERIAL ON ROADWAY- B CROSSING IN CROSSWALK IJ UNFAMILIAR WITH ROAD X 0IMPAIRMENT NOT KNOWN _C OBSTRUCTION ON ROADWq - AT INTERSECTION K DEFECTIVE VEH-EQUIP,: CITED H N07 PPPLICABLE D CONSTRUCTION-REPAIR 7 NE C CROSSING IN CROSSWALK-NOT YGy 1 SLEEPY IFATIG ED fl REDUCED ROADWAY WIDTH AT INTERSECTION I 8 NO F FLO DEO^ 0 CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE G OTHER`; B IN ROAD•INCLUDES SHOULOSR M OTHER^, X M NO UNUSUAL CONDITIONS F NOT IN ROAD i XN NONE APPARENT 0 APPROAO ING/LEAVING SCHOOL BUS O RUNAWAY VEHICLE'. _ SKETCH FOR SKETCH DLAGRAK SEE PAGE 4 0 n1ls us DOT IN01CAT4 NORTH i r 19C c 4P - - DA• Pa/so r. P OTHER 11/04/2005 17:02 70754255 BARNETT La`s.. FIRM L/15 STATE OF,CAI,IFORI{IAINJURED I WITNESSES I PASSENGE).... 14 CHP 555 CARS Pa 3 R v 1-03 OPI 061 OATf.OF COLLISION(M0, DAY YEAR) TIMER'I001 NCIC a OFFICER I,D. NUMBER 6/1PJ2005 0552 9320 014162 Co �s� wIrNEBO PA63ENOE EXTENT OF INJURY('X'ONE) INJURED WAS(X'ONE) PARTY SEAT AIR SAFETY gJECTP,D ONLY ONLY AGE $E% FATAL SEV9111: OTHERIVISISW;; GONPWNr OFPAN' DNIJNEER Pos. 90.6 EIkAP. NJURY IN.NRY INJURY RIVER PA93. 01;0, BICYCLIE7 on+eR ❑" ❑J zz P ❑x ❑ ❑ [l ❑ ❑ ❑. ❑ 1 1 >3 G a NAME 10.0.9, ADDRESS TELEPHONE TASNIxACRYSTA4CATO (D2123/1983) 675N1,WBURYCAVIESg344 RAYWARD CA 94544 NONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO. CORNOR'S OFFICERS CORNOR'S OFFICE DESCRIBE INJURIES. BLUNT FORCE TRAUMA F� VICTIM OF VIOLENT CRIME NDTIFIED 0" ❑ 21 F o ❑ ❑ �I ❑ ❑ ❑ 1 3 8 G 0 NAME D.O.B./ADDRESS I TFREPHONE NACELLE BRII3ANNA MIJ.LS 07/31/1983 806 9FNICIA RD VALL EJO CA 94591 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: CORNOR'S OFFICERS _ CORNOR'S OFFICE DE$CRJBE INJURIES: BLUNT FORCE TRAIJMA VICTIM OF VIOLENT CRIME NOTIFIED ❑a ❑ 21 F ❑ ❑ ❑ El LJ 11 El I 1:11 6 P G 0 NAME/D.O.B./ADDRESS TELEPHONE JAMHr,A LATASHlA NF,WMAN 0510411984) 1d DEL PAR00 CIR FAIMFED 93533 (INJURO ONLY)TRANSPORTED BY. TAKEN 70. CONOR'S OPPM13FIS _ CORNOR'S OFFICE DESCRIBE WURIEB: BLUNT FORCE TRAUMA' VICTIM OF VIOLENT CRIME NOTIFIED ❑� ❑ 25 F ❑ ❑ ❑ l!J ® ❑ ❑ ❑ l 4 P G 0 NAMEI/D.O.B.I ADDRESS TELEPHONE CAMILLE,DRAYTON (11109/1979) 209 ALASKA AVE 1712 FAIRFIELD CA 94533 BNJURED ONLY)TRANSPORTED BY: TAKEN TO: AMRA"ULANCE MT.t)T,ABLO DESCR)BE INJURIES. COMPLAINT OF PAIN TO CHEST,NBC.. ETC VICTIM OF VIOLENT CRIME NOTIFIF,D Q# 1 ❑ 20 M ❑ ❑ ❑ ❑ ❑ ❑ r�-1I❑ LJ ❑ NAME IMCA./AOORSSS TELEPHONE ROBERT MICHAEL MIMCH 0CM11984 1901 BUENA T14ERRA ST 65NRCIA CA 94510 707 2081512 (INJURED ONLY)TRANSPORTEO BY: TAKEN TO: OE$CRIBS INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED a2 ❑ 40 M © ❑ d ❑ ❑ ❑ o o ❑ NAME/O.O.B,/ADDRESS TELEPHONE RICK OILCAN 08119/1964 1926 CONTRA COSTA BLVD,0209 PLEASANT 14141, CA 94527 (975) 12-6173 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: ' VICTIM OF VIOLENT CRIME NOTIFIED PRSPARER4 NAME I.O.NUMBER 1.MO. DAY YEAR REVIEWERS NAME MO. DAY YEAR P.MURPHY 014162 N1211005 11/04/2005 17:02 7071254255 BARNETT t_'� `fIRM PAGE 05))!25 ,, J 0.AL.VIA(;F3AM Paga`C l i CyFtln 55fi,_ g 4y�� 1 Opt a/ITE�FCC.Ufd'JN(MO. a47 YCA1'iJ TIME(N94} NpGs OFFW"IP. , Mumm y 1'x-4 7 < s1 ALL MEASURIPAKNTS ARE APZMMA19 AND NOT TO SCALE UNLESS STATED ISCALE= } Q La I I Cf NORTH Ad --------------- Cpg7 nY t,a,NVMaEA M4. am +f:•a NCYiEwi@n mum MO. Fr rEryi t'"'�ti nSWooisrl 11/04/2005 17:02 707 54255 BARNETT Lr`, -;FIRM PAGE 06/15 STgTe UP CN.LFURNIA FACTUAL, MAGRAM CHP 515 gae4(Rev. 1-0�] OPt OSS garF,DP CLISION(MO, DAY YGAkI naa:R•Dol NGC M OFFICER I.D, NUM9ER OL ALL M9ASUREMONT8 ARE APP I OXIMATS AND NOT TO SCALE UNLESS STATED (SCALE= I Al/ F , INDICATE NORTH 12 fv �z• ,�3 �i� 2.�z Ufa 0 4�Utz � o X13 a e- 4 J 3 � z [i is t? 1L ri 12 i7r 10r t +�?► + rJIL a3 N ¢ nJ S IL1 (Q ' DQEPARF�p DY 1•D.NJ,M'DIQI7 MO, I AY YFM RSWllWfiR:4 Nn ME MC. qAY YEAR 00 OSP 03 75578 , 11/04/2005 17:02 70754255 BARNETT La""4,NFIRM PAGE 07/15 STATE OF CALIFORNIA NARR_A_TIVEISUPPLEMEN141 pncFtvo '� DATk OF INCIDENT TTME NCIC NUMBER OFFICER 1,D. NUMBER 06/12/2005 0552 9320 t'1k4>7L I LE_ GEND 2 3 4 S'T'ATION LINE 0+00 5 6 A station line was established on the center median of northbound SR-242 just south of the 7 posted Concord City Limit traffic sign and increases as you proceed south. The Concord City 8 Limit signis posted on the sound wail bordering the east side of northbound SR-242., 9 10 0+00 = 605 feet south of the post)d Concord City Limits sign and 5 feet west of th.e west 11 roadway edge of northbound SR-242. 12 13 ITEM AND DFSCIU>T'ION 14 15 1. Beginning of gore point ( I-680 /NB SR-242 split) 16 Located 0+781 feet and 0 feet right.) 17 18 2. Posted "Eadt 50'.' sign located in the reverse gore point. 19 Located 0+378 feet and 10.5 feet right. 20 21 3. Fixed light pole#18672. 22 Located 0+225 feet and 30 feet right. 23 24 4. Bush with broken branch from the subject vehicle. 25 Located 0+107 feet and 15 feet rigbtt, 26 27 5. Silver colored piece of car panel) 28 Located 0+91 feet and 19 feet right! 29 30 6, Broken piece of passenger side mirror, 31 Located 0+87 feet and 20 feet right. 32 33 7. Silver colored piece of car panel. 34 Located 0+84 feet and 20 feet right, 35 36 $.Concrete drain covert 37 Located 0+74 feet and 55 feet nghi. 33 39 9. Silver colored piece of car panel 40 Located 0+62 feet and 25 feet right. PREPARER'SNAME r.D.'NLRvIBrTL DATE RE VIE WE R'SNAIvM 0A7F, Garay, T. 16636 06/12/2005 , 11/04/2005 17:02 707e 54256 BARNETT L`")FIRM PAGE 88/15 STATE OF CALIFORNIA L ARRATI / I U FM IVT ,; Pr�c��oF DA.TEOFrNCIDENT - T[ME N01CNL Selz OFPICFRI"D. NUMBER 06/12/2005 .. : 0552 9320 • • S + 1 LEGEND CONTINT7E17 2 3 '10. Redwood-tree 4 Located 0+22 Feet and 45 feet right. 6 , 11, 2'x 1'piece of silver colored car panel. 7 Located 0+20 and 52 feet right , 9 12. SaWrn port of rest(on passenger side facing an easterly direction) 10 Right rear tire: " 11 Located 0+14 feet and 36 right. 12 13 .13. Right front tire: 14 Located 0+14 feet and 28 feet right. ROADWAY MARKINGS A 3' CONCRETE CENTER MEDIAN WALL B = PAINTED SOLID YELLOW LIN „ C =.ASPHALT MEDIAN „. D = PAINTED, SOLID WHITE LINE E = ASPHALT SHOULDER; F bONCRET5 AND BRICK SOUND WALL G - BOTTS DOTS H7 6'-CHAIN LINK FENCE (CYCLONE FENCE) " . PREPftRFiR'S NAME .. LD,NUMAFR DATE REVIEWER'S NAME DATF, Gara T: 16636 05/12/2005 11/04/2005 17:92 707454255 BARN€TTTIRM PAGE 09/15 STATE Of CALIFORMA - NARRATIV.E/SUeELEMENTAL PAGE 8 4 DATE OF INCIDENT TiME N C I C NUMOFFICER I . N R � 06/12/2005 0552 I 9320 014162 s�- 1 FACTS: 2 3 NOTIFICATION: I was.dispatched to an accident with no details at 055_6 hours, Officer Johnson 4 913849 and Arroyo#14392 respo l ded at 0608 hours arriving on scene at 0613 hours. Upon 5 Officer Johnson's arrival he advised that the ear was fully engulfed with the possibility of three 6 fatalities . I responded at 0619 ho l rs arriving on scene at 0622 hours. All times, speeds and 7 measurements are approximate. Measurements taken by rollometer, pacing and estimations. 8 9 SCENE: At the scene of the accident 1-680 N/B is a full access freeway consisting of six lanes, 10 the freeway splits into two separate freeways,with three lanes going to a left hand curve 11 remaining 1-680 NIB, and three lanes going straight becoming SR 242 N/B. In between these 12 areas is an area called a gore point that is paved then goes Into a dirt landscape area with bushes 13 and trees. (see diagram). 14 15 PARTIES: 16 17 PARTY#1 (CATQ)- P-1 was not contacted due to having fatal injuries at the scene. P-1 was 18 placed as the driver by passengeIr Drayton, P-1. had a valid license an was placed as a party by: 19 statements of passenger Drayton 20 position in vehicle 21 22 VEHICLE #1 (SATURN): V-1 was located on the right side facing a north east direction In the 23 landscaped area of the gore point area of 1-680 and SFS 242_ The vehicle had major damage 24 including but not limited to: front bumper, grill, hood, right and left sides, in addition to being burnt. 25 26 27 28 29 PREPARED BY I.D. SER DATE REVIEWER'S NAME DA7 P. MURPHY 014162 06/12/2005 11/94/2995 BARNETT L "'FIRM PAGE 20/15 17:02 797'54255 S'T'ATE OF CALIFORNIA N RRATIVEISUP MENTA DATE OF INCIDENT ! NCIC U BER OFFICER I.D. B R 06/12/2005 0552 I 9320 014162 1,0 i 1 24 HOUR PROFILES ON CATO( MILLS, AND INEWMANJ 2 (Provided by Camille Drayton DOB 11/09/79) 3 Camille said that she.had got up around 6.00 AM on Saturday (6111/05)went to work at 7:00 AM 4 and worked to 9:30 AM, Camille said when she got home her younger sister Jamika (Newman) 5 came over around 10:15 AM. Camille said they then drove to Oakland to see Bree (Mills) 6 graduate from Silicon Valley College. Camille said that her sister Jamika and Bree were best 7 friends. Camille said when they fere at graduation they met with Tas (Cato), Camille said that 8 Tas and Bres were friends. Camille said that graduation was over at around noon and that Tas, 9 Bree drove up to Bree's and that her and her sister Jamika drove her car up to Sree's. Camille 10 said that the four of them then hu ng out at Bree's for several hours, having a drink of Hennessey 11 and Banana Juice. Camille said they all four got into Tas' oar and drove to Tas' house in 12 Richmond, Camille said they went to Hilltop Mail, did some shopping then went back to Tas. 13 Camille said they then left around 10:30 PM and drove to a motorcycle show in Stockton, with 14 Bree driving Tas' car. Camille said that they only had one drink at the motorcycle show because 15 the ice machine at the bar was broken. Camille said that before they left Stockton they went to a 16 Denny's in Stockton and had food. Camille said that just before they left at 5:12 a.m. Jamika 17 called her fianc6 to let him know they were on the way home. Camille said that none of them had 18 any sleep. 19 20 (PROVIDED.BY MOTHER OF CATO, JUNE SCHLOTFELDT DOB 06124/56) 21 June said that her daughter lived on her own in Richmond, CA and that she would let her barrow 22 her car from time to time. June said that she last talked to her daughter on Saturday evening 23 around 10:30 PM. 24 25 (PROVIDED BY MOTHER OF MILLS, PATRICIA RANDOLPH) 26 Patricia said that Bree had spent the night at her house on Friday night and that they had stayed 27 up quite late talking about graduation on Saturday. Patricia said that she woke Bree around 7:00 28 a.m. on Saturday to get ready for graduation. Patricia said that they all went to graduation where 29 Bree met with her friends. Patricia said after'graduation they ended back at her house. Patricia I PREPARED SY I.D.NUMBER- DAT RItVIEWE 'S AME DATE P. MURPHY 014162 06/12/2005 F11/04/2005 17:02 707 4255 BARNETT L.1 M,;`I=IRM PAGE. 11/15 • STATE OF CALIFORNIA ,_^• NARK lVE SUPPL.EMENTA PAGE 1agF a ATE O INCIDi*NT TIME N<11G141.11`15F­R F CER I.D. (Mi s 4 06/12/2005 0552 9320 014162 1 said they hung around the house the rest of the day, went to Bree's favorite restaurant, went by 2 and got the cake at Safeway so Bree could see it. Patricia said that the four girls then left to go to 3 Tas' house at around 7:00 p.m. 4 5 PASSENGER tDRAYTONi: Drayton was contacted in the rear of the ambulance and at the 6 hospital. Drayton was able to provide infarmation on P-1, and the other two passengers in the 7 vehicle. 5 9 PHYSICAL EVIDENCE: Debris, damage to tree, vehicle location. 10 11 STATEMENTS; 12 13 PASSENGER (DRAYTON): Drayton said that she was the left rear passenger and that she had 14 been asleep when the accident occurred. Drayton said that just prior to the accident she heard a 15 scream, that she then could feel the car hitting the bushes and that they then went;.airbome hitting 16 the tree. Drayton said the car then ended up on its side and that she crawled out the door. 17 Drayton said when she crawled out the engine area was already on fire. Drayton said she crawled 18 back in trying to get her sister, but couldn't. Drayton said she crawled out and was helped away 19 as the car exploded. 20 21 WITNESS #1 (HIRSCH): Statement taken by Officer Johnson #13849. 22 W-1 said that he was on NIS 1-680 at Monument Blvd. in lane #1 going 75 mph when a dark 23 green or blue car passed him on his right side going 80-85 mph. W-1 said that he was about 200 24 yards back when he saw that caIr bounce off the right side wall of SR 242 then back across to the 25 center wall at which point W-1 believes the car went over the wall landing below. W-1 said he 26 stopped and went down and sai a person crawling out. W-1 said he went around the back side to 27 see if there was anyone else in the car, W-1 said the door was open at the top of the vehicle and 28 that there was a loud explosion. W-1 said that as he was dragging the survivor away she kept on 29 yelling my baby, beating on me and trying to get back to the car_ W-1 said by that time it was 60% PREPARRIQ BV 1.0, MfJ BER DATE REV? ER'S NAME OATS P. MURPHY 014'162 06/12/2005 ; 11/04/2005 17:02 707954255 BARNETT L'";FIRM PAGE 12/15 $'.1."A.TE OF CALIFORNIA _N_AA RATIVg/SUPPLEMENTAL PACE 110E 14 DATE NGIDENT TIME NCIC NUMBER OFFICER).D. NUMBER 06/12/2005 0552 I 9320 014162 1 engulfed. W-1 said he asked if there were other people in the car and the survivor said her sister, 2 my baby and someone else. W-1 said he did not hear any screams coming from the vehicle and I 3 within a matter of seconds it was fully engulfed. W-1 later realized that it waifft car that 4 he saw bounce off the wall ani nevex.sa #hicar unthe•_stpp .and_saw it on fire. 5 6 WITNESS #2 (DILLON): Statement taken by Officer Samuels #15478 7 W-2 said that when he showed up he called 911 at 0608 hours to advises of the accident and 8 that the car was full engulfed. W-2 said he saw two white men standing on the concrete walkway 9 are !Rd th dthat en the ambulance showed up he looked back down and they_ were 10 gone. W-2 said it looked like a father and son. 11 I • 12 ADDITION FACTML INFORMATION: The on and offramps, along with the general area was 13 checked from the scene of the accident north on SR 242 to the Willow Pass offramp from SR 4 14 E/B looking for the car with fresh accident damage similar to what W-1 had described, with 15 negative results, The area was checked where W-•1 indicated he saw a car hit the wall, and 16 though there were scrape marks there wa.s no glass or other debris in the area and the marks on 17 the wall were enough that generally there would have been debris left behind. In addition the 18 scrape marks were not silver the color of V-1. 20 Coroner's Case Vs 21 Tasnika Crystal Cato 05-1292 22 Jamika Latashia Newman 05-1293 23 Mikelle 13rieanna Mills 05-1294 24 25 OPINIONS AND CONCLUSIONS: 26 27 §l1MMARY: P-1 (Cato) was driving V-1 on 1-680 south of SR 242 in an unknown lane at an 28 unknown speed. P-1 (Cato) for unknown reason(s) made an unsafe turning movement to the right 29 causing V-1 to exit the roadway. 'After leaving the roadway V-1 traveled through the landscaped PR AREO BY l,p,NV 8€ DATE REV EWER'S NAME DATE P. MURPHY 0141162 06/12/2005 BARNE 11/04/2005 17:02 707 ' 54255 TT L ' FIRM PAGE 13/15 4 ' STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL eAG6 i2QY 14 DATE OF INCIDENT TIME NSC ROMBER 0 ER I,D. NUMBER 06/12/2005 0552 I 9320 014162 l S4 1 area where V-1 struck a tree. The IllfsIon with the tree caused V-1 to erupt into flames. 2 Passenger Drayton was able to escape V-1 the other three occupants were not. There is no eye 3 witness or physical evidence that inIdicates V-1 left the roadway as a result of being cut off by 4 another vehicle or mechanical failure. 5 6 7 POINT OF IMPACT (POLI : P01 determined by physical evidence. 8 9 P01 #1 between V-1 and tree was 627' south of the Concord City Limits and 45' west of west 10 roadway edge of SR 242 NIB. 11 12 CAUSE: The primary cause of this collision Is P-1 making an unsafe turning movement in 13 violation of 22107 V.C. 14 15 RECOMMENDATIONS: None. PREPARED DY LD.NU 6ER PATE REVIEWER'S NAME DAT P. MURPHY 014162 06/12/2005 . 11/04'/2005 17:02 70BARNETT L' FIRM PAGE 14/15 .STATE OF CAUFORMA. NARRATIVEJSUPPLEMENTAL_ PAGE ?.'OF D TE OF I C I—DENT, 1M NCIC NUMBER UFICER I.D. 9320 PERSONNEL AT THE SCENE: I ' The following personnel and allied agencies responded to this traffic collision scene or were assigned other duties as lndicated; California Highway Patrol: Contra Costa Area office 5001 Blum Road Martinez, CA, 94553 (925) 646-4980 Sergeant C. Costigan 1D 013042 Incident Commander Officer P. Murphy ID#14162 Primary Investigator Officer D.Johnson ID 013849 Assistant investigator Officer K.Arroyo ID#14392 Factual Diagram Officer T.Garay ID#16636 Factual Diagram Officer M. Mendenhall ID 016970 Scene Measurements Officer E. Butawan ID#14817 Scene Measurements Officer R.Thomas ID#17413 Photographs Officer J. Miga ID#16964 Scene Documentation Officer B. Montgomery ID#16713 Scene Documentation Officer J. Samuels 1❑#15478 Scene Documentation Dispatcher M.Ernie ID#A13221 Communications *Note: In addition to the above duties, CHP personnel conducted field interviews, obtained statements and perforined physical evidence documentation. Sergeant Costigan notified Contra Costa CHP Lieutenant Smith through GGCC and advised of this fatal traffic collision on June 12, 2005 at approximately 0645 hours. Pleasant Hill Fire Department: Engine#E5 Pleasant Hill, CA. (925)930-5531 Captain S. Gonzalez Incident Commander Engineer G,Caravantes Emergency Operations Firefighter D. Satz Emergency Operations Concord Fire Department: Engine#O6 Concord,CA. (925) 930-5531 Captain Liberman Incident Commander Engineer Clausen Emergency Operations Firefighter Burris Emergency Operations American Medical Response: Rig#862 Concord, CA. EMT Nicole Medical Treatment 'EMT Kim Medical Treatment PREPARED 19 Y LD.NUMBER DATE, RkVIEWEWS RAMP DATE J. SAMUEL.S,. 15478 OG11.�%2D05 11/04/2065 17:02 767A'L54255 "Ot ETT l` FIRM PAGE 15/15 STATE OF CAI,MOPIglA NARRATIVE/SUPPLEMENTAL PAGE1-OF J �` DATE OF t CIDE T MER FILER I.D. NUMBER . � Z '�S USSZ I 9320 " .ty4'\ ) s44 Contra Costa County Sheriff's office: Coroner's Bureau 1960 Muir Road Martinez, CA 94553 (925) 313-2850 Coroner C. Kay Coroner investigator Coroner E. Glasser Coroner Investigator. American Tow: 5017 C. Forni Drive Concord, CA, 9452D (925) 682-8122 Operator J. Ehling Tow Operator Operator C. Ehling Tow Operator California Department of Transportation—CALTRANS: Walnut Creek, CA. (925) 926-0112 C. Johnson Field Supervisor PREPAREp BY LD,NU B R pA7E VI EFi'S NAME ATE, J. SAMUELS, 15478 06/1.3/2Q05 1 PROOF OF SERVICE 2 I am employed in the City and County of San Francisco, State of California. I am over 18 years of age and not a party to this action. My business address is The Veen Firm,P.C., 711 Van Ness 3 Avenue, Suite 220, San Francisco, California 94102. 4 On the date below I served a(true copy of the following document(s): 5 Attachment to Gove I ment Claim and Government Claim Against the State of California (CALTRANS), Contra Costa County, and City of Concord 6 on the following parties to said action 7 Clerk,Board of Supervisors 8 County Administration Building 651 Pine Street, Room 106 9 Martinez, CA 945531 10 City Attorney's Office 11 1950 Parkside Drive Concord,CA 94519 12 California Victim C1 mpensation and Government Claims Board 13 P.O. Box 3035 14 Sacramento, CA 95812-3035 15 by the following means: 16 0 (BY MAIL) By placing a true copy of the above, enclosed in a sealed envelope with 17 appropriate postage, for collection and mailing following our ordinary business practices. I am readily familiarlwith this business's practice for collecting and processing correspondence 18 for mailing. On the same day that the correspondence is placed for collection and mailing,it is deposited in thclotdinary course of business with the United States Postal Service,in a 19 sealed envelope with postage fully prepaid. 20 ❑ (BY OVERNIGHT DELIVERY) By placing a true copy of the above,enclosed in a sealed envelope with delivery charges to be billed to The Veen Firm,P.C., for delivery by Federal 21 Express to the adldress(es) shown below. ❑X (BY FACSIMILE TRANSMISSION) By transmitting a true copy of the above by 22 facsimile transmi Ision from facsimile number (415) 771-5845 to the attorney(s) or party(ies) 23 shown below. F (BY MESSENGER) By placing a true copy of the above in a sealed envelope and by giving 24 said envelope to an employee of Western Messenger Service for guaranteed, same-day 25 delivery to the address(es) shown below. F (BY HAND DELIVERY) By personal delivery of a true copy of the above to the attorneys 26 or parties shown below 27 28 THE VEEN FIRM,P.C. 711 VAN NESS AVE.,SUM= SANANCI CO,,(41 )60,CA0 991@ T.1e1PROOF OF 1ERN110E w,raweMtrm.com 1 2 F—] (BY E-MAIL or ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the 3 documents to be sentlto the persons at the e-mail addresses listed below. I did not receive, within a reasonable period of time, after the transmission,any electronic message or other 4 indication that the transmission was unsuccessful. 5 I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. 6 �� DATED: December v 1 2005 - 7 Margo Banowicz 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE VEEN FIRM,P.C. - "IVAN NESS AVE,SUM]A SANFfiANCISGO C 941Q Tel(415)WI 4800 PROOF OF SERVICE I v wenfim com .� CLAIM / BOARD O1F SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Clain► Against (lie County, or District Poverned by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document nailed to you is yu California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph 1V below), 1 C d 9 Pursuant to Government Code Section 913 ani 915.4. Please note all "Warnings", l pig AMOUNT: . CLAIMANT: 11-0 .x lfoove.11,-- ATTORNEY: DATE RECEIVED: 1461d-VO r ADDRESS: � I 0 I3 rJuAi 0 BY DELIVERY TO CLERK ON: L 9 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is it copy of the above-noted claim. JOHN SWEETEN, Clerk Dated: j l 1By: Deputy_ Wiz'' e ro II. MOM: Cow► ycounsel. .= TO: Clerk of thb Board of Supervisors (y''This claim complies substantially with Sections 910 and 910.2. O This Claim FAILS to comply s bstmntially with Sections 910 and 910.2, mid we are so notifying claimant. Ti Board cmwot act for 15 days (Section 910.8). O Claim is not timely riled. The Clark should return claim on ground that it was filed late and send warning of clailumlt s right to apply,for leave to present a late claim(Section 911.3). O Other: I Dated: I1 g O I By: /11n 'C-9 Lam. Deputy County III: FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untnnely with notice to claimant(Section 911.3). IV. OARD ORDER: B unanimous vote of file Supervisors resent: I� 91r (tThis Clain is rejected In ful . V y �J ( ) Other: I certify that [Itis is a true Ind correct copy of the Board's Order entered in its minutes for this dale. Dated: "&&^ ' / !LAOeA JHN SWEETEN, CLERK, By , Deputy Clerl WARNING (Gov. codes coon 913) . Subject to certain exceptions,you have only six (6)months from the date this notice was personally served or d in the mail to file a court action on this claim. Sea Govemmnent Code Section 945.6. You may seek the advice o attorney of your choice in connection with this matter. If you want to consult.m► attorney, you should do so immediately. *For Additional Waning Sea Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare funder penalty of perjury Ithat I am now, and at all times heroin mentioned, have been a citizen of the U States, over age 19; and that today I deposited in the United States Postal Service in Martinez, California,postai prepaid a certified copy of this Board Order mid Notice to Clain►m►t, addressed to the clain►mrt as shown above. Dated:✓a»te!rk z4?-0.a$®+56JOO HN SWEETEN, CLERK By Depul - -- CLAIM HOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Claim Against (lie County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is you California Government Codes. l ) notice of the action taken on your claim by(lie Board of Supervisors. (Paragraph IV below), gi, C 09 Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". 00 AMOUNT: CLAIMANT: k�� I�.1� n i3 6 .X IIT l� ATTORNEY: DATE RECEIVED: 1 ' d-V(7 ADDRESS:`Iq b Q &/CtAl C L ' BY DELIVERY TO CLERK ON: Q Ef� '� BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, Clerk Dated: 1l 1 L-0v ! I By: Deputy II. OM: Cour y Counsel. TO: Clerk of thb Board of Supervisors ( his claim complies substantially I ith Sectiona 910 and 910.2. O This Claim FAILS to comply substantially with Sections 910 and 910.2, acid we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). O Claim is not timely tiled. 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: I Dated: �1. -�1-4 I By Deputy County Cc III. FROM: Clerk of(lie Board I 0: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous ivote of the Supervisors present: O This Claim is rejected in full, O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you hale only six(6) months from the date this notice was personally served or def in (lie mail to file a court action oil this claim. See Government Code Section 945.6. You may seek the advice of c 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 wider penalty of perjury th It I tun now, and at all times herein mentioned, have been a citizen of the Uni Stales, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK By Deputy J " BOARD OF SUPERVISORS OF CONTRA COSTA COUNT y INSTRUCTIONS TO CLAIMANT 30 Sri ! /' o u,eo `VA. A claim relating to a cause of action for death or for injury to person or to persona property or growing crops shall be presented not later than six months after the accrual of the cause of r action. A claim relating to any other cause of action shall be presented not tater than one year o y' after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office.in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the, claim is against more t Ian one public entity, separate claims must be filed against each public entity. E. Fraud.V See penalty for fraudulent claims, Penal Code Sec: 72 at the end of this form. rrrrrr�rrrrrrrrrr■■rrr rrrrrr■rrrrrrrrrrr■r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 0r91 RE: Claim By: Reserved for Clerk's filing stamp Against the County of Contra Costa or ) District) . (Fill in the name) I ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named ; district in the sum of S 0 ✓and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) / ed�JA�l 3. How did the damage or injury occur? (Give full details; use extra paper if required) W IL(,AjC. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 2 S A-� V-1 A Sin., Co"P'667--(___ 5 What are the names of county or district officers, servants, or°employees causing the damage or injury? Sccv,, P oLf &Lnlko{be_l , oC G7/e✓l� /nt Af--rwa:�r OK) ^ u �d lNc n,s� (�1�0 c�Q 1� )<4e_1V4-t, 5•rn1�utj�)d 567�r T F6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) ,0Z:A, OV3 o-e /),e 1 iJq- �/Zv�6✓Li`� AG�7-��5�'T'' �o v 'k�7'vrQ-/J z��'� 7 7. How was theamount claimed above computed? (Include the estimated amount of any prospective injury or damage.) /hv��lLsJ Gv,J UAZrJ /a �,?70 .) 6 tfA,r.+T 4cs b 7D 3��•.s G� /2 R-r�p t�9 c,6t`�4,4 t 8. Names and addresses of witness Is, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT ) Gov. Code Sec. 910.2 provides"The claim shall be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) (Claimant's Signature) (Address) ) Telephone No. ) TelephonecNo �q�3(/�19pq(�e¢� j...4�./ �4 � 3j + 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 IPublic 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. 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 Ior 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. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ADDITIONAL INFORMATION LINE *1 The date of the loss, June 28, 2005, is what was given to me as the destruction date of my property per Sgt. Campbell and confirmed by his supervisor Rich Wara, unknown if this is, true and correct. Property # 03 -36151 LINE #:2 The destruction of my property is assumed to be at the property storage facility in Concord, County of Contra Costa, California, No factual information was provided by either Sgt. C impbell orI Rich Wara. LINE #3 . The..willful destruction of property was executed after the telephone call made to Sgt.. Campbell on June 10, 2005, in iwhich I explained to him I had finally finished my case and had the court order to release the property and I wanted to schedule an appointment to pick the property up. LINE #4 Sgt. Campbell told me that when he checked the file on his computer, the information must not have been input electronically and so my property was destroyed! This was done after I told him that I had in my possession a copy of the court minutes that stated the.property was to be released, I also gave him my home, business and cell phone numbers to contact me. Sgt. Campbell told me that new laws had been put in place that required him to send me papers that I was to fill out and send back to him before an appo rifine.nt could be scheduled. I never received any papers from him and that is why he was contacted'again around July 1I0, 2005, only to find out that my property was destroyed on June 28' To`th'is� day, Dec. 9, 2005, I have yet to receive any information from him as to the disposition of'my property and feel that it is probably in some officers collection! I believe Sgt. Campbell should have contacted me immediately when the information he received was somehow different from what I�tolcl him and asked me to bring in my copy of the court order for further investigation before deciding to destroy my property! LINE #5 First off I feel my rights were violated by Judge Cheryl Mills by not allowing me to sell or transfer my weapons to another family member. I was ordered to surrender them to the police for SAFE KEEPING. I hold Sgt. Campbell wholly responsible for my insufferable loss due to his lack of communication and by his own words " I'm not re uired to contact you, even though you say your paper work say's something different than what I receive." weapons replacement times ten which is the LINE. #7 i he clam amount is the value of the eapo s re p number of years Il'.have been restricted for firearms ownership, This amount is still not enough to compensate for the loss of property that cannot be replaced at any cost due to being unavailable and doesn't begin to compensate for the sentimental value that was attached to weapons from my deceased father, which you could never replace at any cost! I would also like to see procedural changes made in the way property is handled in the future, and punishment of Sgt, Campbell for violating a court order! i CiUt!t2"Elf,JFf CeVV�k'..I„ 7tJIV11T VI`yt+Ll1!lVnIA V�i,A�:b'JJkIt'Vt 4ALIt*, KNIA- - wc.rvti rvv. - . 3 7 § .g n '#,�.,�se>g"'t^ ar NO-rlCi,'SENTENCE,COMMITMENT FORM PA EIGFENDANTS)Mt.Lu,iot."_.I DATE« cX.L.Z2.0, ?�.. TIME + ` . .`. _.. .... ADDRESS ,Fa _, °:.i c . T r 4 ,_... ..« Kr> � _ . obei ZO °_ ..«.. �?EEENSE<ATTORNEY ::�.. �.., .« i:. _;TIME.: _._......_.+NAIVE[ CUSTODIAL STATUS ?^A R,R CHARGE M. t 2 a PROCEEDINGS DCOURT '< bEPUTY MINUTES CERTIFIED GORR�C F - s lir f Tt i ih REPORTER Gr t COEURT TY, CT OEPr x �- l Jl3DC�1 r ti ._.: ,WPPLICA9LE E PORTER �. t RK a s NTRIES MARKED �C t }5roceeds ri'PHO PER q3-Answers true nine as charged. s (� Ber chlAarest Warrant to Issue »P �' DPi!.:appears Cr rn�ustdiiy,I�De#t,-not appearing:. .R �' nBail�Set at$' F E . With/by Atty./Pub Def/ADO A.� Waives Ardreadmg,of=Complaint �. a soaped ©Set Aside 0 Remain Out - a 'r J Deputy Dist Any. G-10 Handed dopy of ComplainUDucove N []`No PTA Release ❑ No Vol.App. A Court Probation Off. M PDet ,duly_an [`h-.Vi7ea -�on;Prob.VIo.. T El Hold until c 0 Ceet Non•[ sworn/oath on file N .1, J Deft Waives arr.on amended complaint .q 11 Ball forfelt&continued 190 days El Bail Exon p ert. t"Quaiified r Rule 984:2 pe T' A e 0] Bail.forfeiture seYasid'e&reinstated -- 7 Order_. Int.O] Int iCoortl^nofifietl,_ t R upon payment;of fee$ _ J, Referred To: PUBLIC DEFENDER I ..r c ,t l $ [. A•O Written'Plea filed i_]Pleads 'Guilty, Cl;# p t 'R Vim, _Referred To: PROB. Bail Study/PPR I ' - - N ❑ Pleads,No Contest. Found Guilty Ct.# e R (erred per X288 1 PC 0 1368 PC v' ' E' �Pleads'Not Guilty, C!# E-I; Adult Pre•Tnal/P,C 1000 Diversion eligibility R. N. R - _ - "JuryTrlalWaivedlDemandedF�;�. u - Pub. Def.Conflict Filed, Appointed ADO R= � � �A (] A 0 Time for Tnal7Sent,Waived1Not Waived Repo t ko for,booking I N s 9TH waiver fried i70 5 PC fiiedforat A'L? Time for PX 10160 Days Waived/Not Waived co�V,aeate.daie of � . ( in re law notoe_given s AdtiillDanies Pr(orslFietusallEnhanoe ` --s Defrn y3lesd`not appear 1 PeelDot Morton to for/con# Court Prabaflon granted for molyr, u Submitted with argisment Q MtKdgt argu --------------------- ment p Adult Pre Tnai/PC SG00 Dwersron,granted p x « - 0 uCaa[Qd-r<Dpn�a f'`C Submdfed EJ°No`Acuan 7aken� a L�`frrobatron Drversion/ReinstatedfModified/Extended to o LI Grou ds: T Origlnai,termsiln full force A d effect except as ordered Nr.. , I _ . S, D.A. Motion to file amended complaint O 0,Deft.given/waived rights to Revoc"Hd-Admits/Denies allegationsits - o'__! Complaint amended on`i%s faf� i add'Cf. rJ D'Prob Revoked: GDef'found in violation of propation R a violation of section D'ProbationfDiversion. Terminated,Successfuilylpnsuccessfully/Denied: D 'E i_,J'P.ursuant.to 23T03.50VO1 11 , D Pay Prob.Viol fine of$- --t,'](Upon-payment of`finelcompletion of jail sentence R u'St,ike the Words felony aridafsioniously:Substitute the �Cdoninal Proceedings Reinstetgd/Dismissed r, - 71" Word misdemeanor (t,appearsin, omplaint.,`: iss -y .- IJ Per Court/DA dismiss, Complaint/Ct.# ir'�Iminat:Protactive0rder155uedandsarved f' ' ,_n.t--:-a- `'• t °� `tZ f i/ = z'�%'� t t F1: �' .�f y [' Rap a fine of$ G Rest Fine of = �' DCI Be Imprisoned clays/months/years; o❑`Obey all laws. F ,Y ti . - Pay$10 cite_feel$25 Booking Fee/,$ CJA Fee .g El days/months/years credit R❑ Do not use.any.alcohol,Do not N ,_ _ - .� , M_ L Pay balance Y fpfl rte/Gln li CCU PD.Sox 2�2 F„ p $—' afer fine WE days/monthslyears suspended o go to places where alcoholic lake monthl payments to 8 Mattirisz,CA 94553 r:�Sentence to commence o beverages are the chief item of sale. o Phan (4'.7 )646-19,51 by rn (�Serve consecutn�e/concurrent I❑ Attend AA/NA o _ ours rW�funaer work`ty, 'Fee$` re` r(<, v []with v With ayisntcnee meetings per,Week and.41 presani i ! t text - p ,�`ortrainstnte'to=Level +L'evel lI1PCDDF? s x :� 5;C7 Mem Jail��£leaf onlc Home Detention a pro5f,at each courtappearance. sF-t Ro`Arrcdio ORC for AitorneyFea Costs'of-$ �[]WAP Contact CAB immediately l»wRhm 15 days ` S L�Submit to aearch,and testing' ' F�t ��cense"Suspended/Revoked "`` rnonthslyears ]Day for�tlay c eda for time served In approved r8sitlental [ Destfoy Q Return weapon e• t ' Dt,310/DL309 Served-' Advised'148Ci7a81CVC y ,l� pragram,proot by Stay away fromi-' ' a uJoI Cl Pay f[ne/com¢iyor appeal on at _ { ar 3 A.EmANr) the a amount SJail �� Ordered Courtesy. .] $tat�Pn n Co omithent eL -Committed toI. o¢e allowed phone calls'" y I ti pp ail Set ustody'until.sentence is-satisfied in.full— TO THE SHERIFF!COMMITMENT`t`fiereby certify that this a true copy_of the`Entry of Judgment or Order,and ie your authority for ttie-execution thereof.` G See other minute pages for additional proceedings (JUDGE OF THE SUPERIOR COURT)- CRIM.MINUTES"4/01. , „' ” 0, 3 (D CD U tJ3 _ S 7 Ul p A= tt1 ' . c+ a ^+i D , t@ � ."`� fly' iF7 C2 —r. CI' u su 0 �.AsCL D� ci X, in C?' t5a3 _C{ C7 SCS .j c O .. r. • �{pp I W CD'' I`"'. (DR J .'a� .. SCD, m , Z U —I > CD,O M T 7y . .3 �.(D a C7 CD Si' ' CJ -ty O `a rf] n cU }'Ur` p1 .�© 0 0 CD ,@ Cil 3 # &CL UV o _ m �, o. t2 { — "''CD @ F ,�.,. , '.,� ''mss"—•: ,C O �. TY �,n: d� �. @ TJCD YI .vl E Q {� x. t'D �-. €u CL O ' A�7 �7 @` 24 Jr. n} }_ ,}-y4 r« ..S 4o- r+(y� p { k Al '/� U) Ui CL O i L ID CD CD tD Z:0 t3I t'? .t_D: 0. t , fn4y T Ivry /}y CL X 4{yy 5 ,r ,y @ of �_ e PROr AT IONORDER COMMITMENT FORM= ■ „O MARTINEZ PITTSBURG {� RICHMOND D WALNUT`CREEK- ' ,:•..t . ...i, =,Ga CONCORD e, l _ DEFENDANT t t ._� _� C 1 .. _ - P = . ti DOCKET NO:. The above named detendant having been convicted in this cortrt of a gffgn ej�ofytolaUBiatiof 7 Section(s),0723152 " °❑vYith'piior(s} C7t,er. = , s ?I c - " IT IS ORDERED That n imposition Q execution of sentence be s uspended during penodtot probation v rth the following terms TERMS Of PROBAT'10N(Applicatole items Checked ,- , . "a } ®' - ,. 16 ❑.Abstain from the use.of alcoholic beverages - ' _ 9f ¢y , ,ur1�1?nt?ation 1? =Submitto,dnl alcohol use detection tests as d,rected 1: ®COURT PROBATION GRANTED Gondltional and revocable release in ttie C =, _=Ofhcer or by any peace officer community without-Probahonrsupervlsi n except as speodfed;by the Court, I� , 18' Not go to places where aicohollo beverages are the chief dern�of sale. for a period of month I years m the date ofthis order. k 119-D Take ant6buse as iescnbed by physlctan,&:if directed,by ak�ttol program. 2. STANDARD TE Mg see reverse for standard iem s and ad Rional Instructions) p _ _.w: PROGRAM TERMS 3>-cJ R Defendant must�appea(r in } 20 [.1 Attend and complete>the First Offender Drinking Drivers Program: Court ❑Defendant need not appear. . "pqO Levet 1. f7 Level 2 (area of choice authorized) JAIUFINENOLUNTEER WOR�CIFSTITUTION _•.�� �I f g�, t k 4. 1 Be iP 13RIS61NEA Y, ValbMhs 0 Other hr`/days/riaon s cretl 21 ❑Report to Past Convictton Drinking Drivers Program within 10 days an( hrs day0months' suspended;� comply with Its rules and fee requirements.• Selitance to commence ` i u ', ,{Take coifipteted:DL'ta3;form3o DMV'afrttrfn'30 days) O Serve consecutivetconcurrent with 22 ElParticipate in counseling as directed by the Court Probation Officer an[ L Any imposed,sentence. not leave or terminate program without permission., ' .1 Mafn.fait t6 t wofk Attemat!W Program ❑Electronic Home Detention, 23,C1"Relerred for HIV testing Return to Court on /r=' O in C County allowed:: 24. Other 1 U Contact Custody Alternative Bureau",(CAB)within 15 days DRIVING TERMS ❑Day for dayicredit for time-served In approved residential program. 25.O'Driving prtv)le ',restricted for to Iduringfirom: 0 Other ��- - "'emptoynienl,treatinent prograiri'� 1-rJ School 5, El Pay a FINE of$ n Other � r .. L,. 6. '.,b j Suspend payment of$ P.cry 26 G7 Dmnng p(Nilege suspendedkevoked for O Payjestitubon fine of$ (� 27 CJallot'dnve a"motor veFiicle unless;properly lieensed'arid insured. .- . r y n' t�M'ake'monthty`ti,istailmentslo Couit CDllectioris`&Compliance Unit "� 28'❑Not drive`vehicie with=,any measurable alcohol in blood. . P.O.Box 2528.Martinez,CA W53 by 29 ❑Ili arrested-for a violation of 23152 or 23153 CVC,not refuse a chemica Y 0 PaytoZlerk oUCourt by a, �r, a s „ a fest for the detectlon of alcohols' ' Q.Probatlon to-terminate upon payment of finelcompletlon of lad sentence` VEHICLE IMPOUNDMENT TERMS ' - .=x:., i.. P�s,� x raj ❑ days lad concurrenVconsecutive In lieu of fine.-' 30 ❑DEFENDANT S VEHICLE BE'. Impounded days ❑Other 4 Proof by ❑Not Impounded g 6. Fi Perform hours,VOLUNTEER COMMUNITY SERVICE �' (];Not Registered Owner Los`s°of employment ''-C3tOther li g° ty f a to T . fT^ a h t ger x - 31n lieu:ot tine ❑ ri tieu�ot lntedock 31,(]=lnstall I ndton Interlock device,on an vehicle ownedlo erated from now I-]Show proof=of completiomto Court by—A-1 i.unti) - ,gears<afierdicense:reinstatement. 32 O'Provide proof of mstailatlon to court by a.�. 7. C7 Make Restitutio A oft 10 33,D lgmlion interlock�Device O ordered, d not ordered_' Make:RESTITUTION as determined by the Court Probation Officer Defendant: does not.flwn vehicle ❑has noabllityto pay ,_j Show proof of restltution`to�Court by 34 0 Do n�o�t dnv" motgr vehicle unless said,,vehicle is egwppe th a Honor any civil judgments as a result of this conyichon Cerlihledgndl0 nteck`Llevle ir er L int C7Pay to CCU 0 Other: "�u x 8 Oilier ) -� i g ; y �. s.e R.g.a 8. L�l�6ubmft your person,place of residence,storage ticker or any vehicle under, your control to search and seizure at any time of day or night With or,without warrant,to any peace officer fluor alcoholic beverages O = Although nota condition of.probatfon,you are ordered to pay,the follow rig-fee: 9. L_ Not use or possess any dangerous drugs narcotics 'or narcotic O$25 13ooking"Fee,„GJ$1,0 Cite Fee CJA$,' i( 1 L�Other, . paraphernalia without prescription. g t' I HAVE READ AND RECEIVEDA COPY OF,THESE CONDITIONS OF PROBATION AND I UNDERSTAk1 10.0 Not have a cheC�lglaccount or Charge accounts nor have" Of Credit AND'AGREE TO PERFORM THEM AND UNDERSTAND'THAT IF I FAIL TO DO SO MY PROBATIOr 1 ,. MAYBE REVOKED ANMM BE SENTENCED TOJAIL'OR SENTENCEDABOTHERWISE PROVIDE[ cards in your poss a Control or custody,oexcept di c�mak e p y e to BY Law:, 1 a ,. y°' Do not own_or have possession or Contrei of airy rea for weapori: DEFE1+tiANr � SIGNATURE 12 Weapon ordered-�lconfiscated Qdestroyed Oref�lmedm "RC r,.° saclaiSEcURITY#y�'-'1 - Doa fir" f 13.E Do not anno thr�gte contact -� k /� y� ,.,fir ADDRESS CITY PHONE#r c )622 1 \� �' _. _ STATE ,. ZIP CODE J'ut 14 .Attend baUerer do a ie �i6lence program as dlrected� Py th Court 1C0MMITMENT TdTkEsHERIFF:I HEREBY.CERTIFY THAT THE FOREGOINGISATRD cop\ h without permission. OF THE 1 Probation Officer and,not leave or terminate prograr '9NTRY OF,JUDGMENT OR ORDER AND IS YOUR-AUTHORITY`FOR THE EXECUTIOI, 15. Contact,Court Probation Officer on THEREOF Other `a ` r. : ;t i E < .k , l4 r .. Lr :�, ,• .. JUDGE OF THE SUPERIOR COURT DATED -A .':;. , -'�'� t *: 3 CRCi006> �P.ROB.ORDEIR(REV.11198 I I ° 13 cn P l IM V i y'Y � i� �y } �+`, s• i t 2 F 4 � �.`iii Y !•l3 K � K �l'b E yy�l' ����e� `t i'� c � e $ �� �l ��yy` 2 T YM1,i`t ��i7711�1�. 1� i r .� e .✓ a �+� s�`. (01 lip lU cc 4 y �� � =B� .ie� ISS 1 �ni•� ] i ,°q„�}��. ` ti t ► = f . Pal! RVy+� i 4 P' Y y� 1 tr Ln M " IM . ...w-.<.u4 es.....ya*�',mc ew .,nrc..,.2'+.�.. .�+,is.'w.b�uu..r.vv✓"x«.m..awewvnvwrai....�saitw,na+:yJ.®..«..smlKa mun,.aw...m�+i+`Fle'.am.�w..�.w�uY"vuuvm.a.an�.....�.w.s } t = {r 1 aW -^-c.. az- N_°s ""-y . ack a$ Y w x A Cos�A',eoUNTY;SHERtFFrs DEPARrmENT CA,,007oaaor s v1 . era: l Yw9 _. ......_ 0.',B 0i Martinez Ca fe rnia.9A553 0p39 f a ayc !' rrv }^ ra ` ry w'kr ci mea ;, s` f t- nHRO.J Arrest" S! .a , ws^F"+"'T° Ola fao :° > _ = 2 CityGode 3x0nnselClassifirtlon ei .rvx�_ xr , 4 Detail", 5 ReciassF .x 1 g e x w cation 1 6. �F JT7 alTle(L F✓1�}:^ S am' tm`"g aa}"`x ��w g,Addre s/(_6catlonYof Dccurrenc� a Q U5peCt N8tT1$WaJ".F ff 0"A L.Oi*Ufa tl-tY' a+li, k.°xf�Y _ tell ., l �A Contra Costa County t j 4 Sg 1 a td Lafayep�tte( �} Dnulla�( ajSanRarnon�( } OrrndaT{ ): Oakley { }� 4-1 yx r p s } x t a y eyN�.� duets t� r� f �i ,✓.v a k e ahw a''�5w.ro e„` Gt FtUFAC7URER� �s ,- °= IVIOUEL; �+ CALIBER a '�r �n * r� �tYPE 4 . q t V - 5 f°:, em i'l"dmtk2s t" '�'z xeta'"2:z�'..g�`t `+ a`C,P-'A ''A`� am111f,01YtafIC�RI@�Resl4lV0r ry SERIAL# fi r.”? d r eI x k e rv '' {{ #� �,r,,"al S it s p is rwe TS n E .o. � 9, x L3. T s aaa ?r w S iP" p• Ruf'' _:,_�.�,—" �__ a+t "'`"..3 rp a # T,r } d W Y x w.�d'3 4 ax Y.1`w`ry°gt � `h cf may`' = sx a■ ab'p' x+S.Lp', Iyp x t,4i a h 'kz $ rN:'6 P c sti' b "sa r uw 7JfN q4- m a` r > y �' .ta �e { 1. �� y�� #Ia0 Y`A4 4^� MFt ..0 Ir ¢^`-yI) .„"x� m'lr..a 1 `,Y`➢ i ..t. ba. aTa `r 1 L....:.�`.f w✓= pp n x tv Da te6{ 2" } sgA + 4 a " Fxxa t 1 e s 4!q t+rra a a �` nst "s..'�a},h,�. ..n.n...,..=.m�"n '" ,'- .'t`t y ti Yt r F a � �ACCESS4RIES (aenmunitron holster,°tett)' t �� �� '�� "Sal, r s cgs h a $(�' < t r y a. a'' rvs',mT dk- tk s w rar x„ a Nfi Kx S=`w -?4" ay }g 77 f� F.r� '`a "Fq"r x Tx 4r i � •. � a,�TT e�r. ���r x}r v m xm P��w� � ��a ff.. T s. � k � Cl In accgrdance with iherstate"of Galtfornia Domestic Violence 6�ct= the firearm(s)Tlisted above{and.accessor�ies) are'"! i p beingsemoved°frornt the above location fog"safekeeping undersauthot ity of°.12Q28°5�of t(WCai+forn`taeFIenaLGode. T ouivill_ receivelp letter adv+s+ng;�y#aueot the procedure to cbta+ntyour f+rearms If niat received w+th+n 3 weeks or you"requ+re,Other I information please contactgthe Mtsdemeanor Complaint Deputy at 9251313 2513 flan Fn=8am4pm ". � � 1 .•. °� i�.°S¢`t�aT+�'m.�'�a_=xa aq�" -r�+:i i„�,rr.."''E� Rew.m qy a.s a s+ S 1 i4 , Si4, 'b ra fiY '� ea 2 x = x a y ry G s i'P t4 6.t`t ra4t .d"t - r r rr x .w S r. ir d a , °= q.= rr *. d X65 K a q +z. '+w r T Ak ryv + oaa-'a -, y s a a{ i s=s .q LL?:` SURRENDERED F©RMESTRUCTtON N r» ' r _ #,= y j C3, 12288,P; Relinquish ent of anassaultAweapon eY a' a x't `' Cl Service toga Citizen,-X"", 4 rvT 1 1 a g t x d -'NVrva," w= 4,.. a "5 rcda e,wYg 1 y=:Y.. M` sine .� ax -b -r Y s sal +bP aVa+ '„rV :. In accprdanee•with Sect+on,6389�Family,Law�you have=surren`dereii the above,firea`rms to comply with°a Protectivei0rder that prohibits swath possession „fhe ftree kms rna}i 6e returned when`the order exp+res and'you provide proof of the same fee may be'assessediat the"+rterafreturn * ea m >V" • .,x x.,.6°a;TM r i m< m<..e,., x+k aSe �i.4,, tl F .�x a<°�F °Sr ,_.d w ✓n. ,€ a k �' vF-"'^ri ... "'j c = t a a,a' xx a r a Po a k at �rnry g 1 v r? R TURK} © rFlREARMS'.I "x:;^e'=' = _ 'h x''� 's2 a=wiy rcx # 1 ,Due to current:leg s lat+o t=(1202Q and�12O21 1 P c n&Title 18 ,eS922 USG-)you may not be,eligible for immediate return ,f your property due to past (or pending}convtciionsx Y e E _ R rere 3 Meq� y r n r m {(� lVV 2 - Your property is being sfored byythe Prgperty BureauTof the wirrr+natrstics Laboratory` +nn Martinezr You w+l!not,be able to obta+n:your'propedy until you havetrect>lvuu authonzafronfrom tFtexM+sdemeanoreCornplatnteDeputy 925131.3 25'13 and have:matle.an appointrrientwith;the staff at,the PropertyBureau x9251646 2453Ftrearms{not�ciaimed within t2 months may be declared a Nuisa"nce and disposed of per'statute� � 10 14:Distr�buGon a � rrvk ' as 15=Addlti0nal(t0Utittge :r ry U Invastig2tion O Dice U Narcopcs Juv Oaron r} 6 Reporu g Deputy(Pn t){ '� " u 17�a 02tel7ime written 18 Dispv Lu r�o�;Ca taui�U Com`P Ofc x=MaR `J 3 s K ever t - s Urt'har 19APPrcngSup {Pnr�t} � : 24�SupvNa 21� Date 22,P.age { r ax m '* "" irv`' 't' s -• a a. S c� k*'at "yro r x ffi" ".+�„ v° a s ry w w + Of. Form B(Rev 6 00) �WhitelQnginal _ Yeil4vvfAdmin�4epUly , q PInklReceipt , ,s *irr u s Fvhil'•r` ,� e y, x✓' sT ° n�' `� i x f #1"' ,," �."` r ..,..a k5�. 'a 'E aHxi s� as s es ` m�" am f k a e t 4# Iry v nr°a �p .0 +i } 3 `3 a -dP ie t-? §, a N '_ 7 ❑ Continuation ��A CONTRA COS'tiXGOUNTY�SitERIFF'S D'l=PARTMENT OA DOTOOadQ � � seat t p O Box 391"MarFinez Gahfania 94553 0039 +=a — ` � u . �.t o- C r ,e" 3 4&6 i s' t^Ks t A,� t 4 r � x r`t ➢H W,,, `-." E 7 :Sup0le entalDU-:UvHRO iU,Arrast-.Uxs, CFt jr,,2 rGry�Cbtle a -t 3 CnmelCtassicat� n } `-�r 4 Detatl�, '` Reelassi- r.w s a,4 Cga el p.-x �zk 3f I70�t . t b.�\fi rb3nlB{�F btt) agg wY ax t ✓. �. ysc �' w � v xa ltDae rig;.R OCt t za 4»w�, � ElTltJIOxx�EP@i.�.�}O sY Y 'o a R h a a y zr rxry a x `ax b ✓'e s s s s 9 RdL YF 7.UC-S?lE'sfi Otei C1irrence"lIa„t 3 w a't s ma �c� a r 4„'�� 'U pBCt5 3fIi4t t..F 1 ,r `a" ;f ,a t. r kqx. at aWk a„m i Rt P M1 yi y {yam .t Y �W i .5...?..4..t'l{��',�./-m4`�x.a(S✓' :a. tYxSrGri�".a, t 'm.YF.,,� dK .Y'A., s�d.Y u�5� �ii' '�Y. f .' a3p"'.::� �';e�"4J � ^✓tj Y' k^n L .yt rFARi1 ',F� C a x yam - FIR EIPTx� �t • � a s � �� €, an x � a w,na r a a� '� >1y sv f� �, rX a"r } t ru a a s Sc+t r sR s a ; MANGFACTURER' wa �� p tr MODEL, ',SERIAL# 4utomaticlRiftelReuolver tri K t c r r . "e. >+fi r' 3 .= �.y r;{ �� } 'iY � � �*� �a @ x l' P �s � &.✓e ✓`Y g �r"'K,' § �" E+.: � �t.a g 3 K r �7 t"s 3 � a fix. � r✓"9°vP x�.a..M,.Rtm ,r :`s'�$ F;. ,a S x 4.' b%_ ,.�3 �, +s.w a �, i s Y 4 � � u `� r ��t n �s N.m e ,. «� .�x f.d-. � �� n., >"r^e 5 n xda.,a . x� "'%s. c ✓a .�"-...�<.,,r.4 .,it ,. € � ,s.°'�1 `4�.�'". ..�. 5 * �h E i ��.t �' �.a k ! ✓r �1 h Y t ''a p3 ,�� # "5� 5 �' a�' ^� nt� �'+ a rmt�t 3 brig "} }fat .i A a wvt xn d3 ya, 9k a� J 2a r t i t av'2 Y x ° " 8 s twy „tai "a ,a r 7 ACCE SOR1`5S {ammunition holster etc^3 a d e r� a�Kvt �u � x.a a.d,.� .�.e x w s Ci In accordance with the�state,of94 Gaiifornia's Domestic Uiolerce Act ,'ithe'fireariri(s}listed above (and a`ccPssones)are b Aa t+ x r &t ,`oeing removed;frorn tfhetabovetlocafian farx safekeeping under authority of 1°2028 5 of the=California Penal Gode You.wi(i receive a Tetter ad"visIngayou af�the procedGre ko obtain yourihrearrns "[f not"received rnthtn�3 weeks of you require other 'mformati�on please�conta t`tha'Misdernear or�Complatnt Deputy at�9251313 2513 Mort Fn Barri 4pm r _ ° .'�. 5,�� �s, .,^� `44 ydn� �w. "v t:..,"�.re- t' vab r`"^� � s 4✓.: .�� ".r^x w 4 U 'SURRENDERED FOR DESTRUCTION q &F }�.,,. es' #.ti O 12288 P G� Relinquishment of an.assault weapona m '�. s ° ;.$ t er U� SYy ✓ >In accordance wifti Section 6389 Family Law; you have surrendered the above firearms'to cornply with,a Protectwe'Order ' t Inat grohitiits such possessions,III, firearms mayPbe returned when tfie order exprres�andNyou provide proof of,the sante. ,14 fee may be assessed at�the,fime of return ' ' r x "'^ s, m rR e�.o-a a,.a• ¢ ` pkl��a as ff ]�p b Yc C�p pi wa y A,fa ��` �qc a3y N4R,. a RE�`UR�wOF,,Ef�REARMJ5 Rt' }, sou f cry xu - ,. � 1 Due to current legislation (,1a2020 ah612021 1�P c &Title 18, 5922 01 S C }you may not be,eOigible for immediate.return g, iofyourxproperty�duetopast{ar�pendrng)�Co'nvsctions � q} .. a x by x t,t µ<E„;.. •w a 4y, m ti a �, 2. Your property is being stored by'the PropeFtyBureau ofthe Gnminalistics Laboratory}n Martinez <You'wdl not be able-to obtain yourapropeifty until,youa haue received�authorizatian from#he�tNisdemeanor Complaint Deputy 9251313-2513 and have'made an appoantme t with the�staff,a#ithe�Property B reauaa925/846 2453'FirearMs not claimed within 12 months a 4{ 'May be declarad, tNuisa`nce'and disposeei=of per statute#� , �„« ��' wA �� `r t c� at K* ,� as s., t 4a v wa x v 1 d a `3.i ?"sx ✓^3 d t H m e X14.:Distnbution"-s J U lJ C C1.DA '�U9DE' �t' �.oil U�3R"P � Y x .� a C 5 .. � A t �'� � ip `a. `� d'` 4 .b F1 i ` .ta�d'^Y � ✓5 r e`'. .x„ st-rFa r r % a»r+ n ,U Fo- Y x ✓ x []!nvesti+a4on°� vice, u Narco�cs u Juv+C]Coroner Pr6{�erty Clk, G ACS=` �intell U;�R O t7 SHCx M Reporhng�deputy(PnnE)i�x r ,a "1.7°O to i e Wnt(66' 188 Dispo', OPat�olt Eptam�ComplOfC 'DkMannerPatroliRiDVUnii rd _ r, �,M*� h -spa v U O'h� b*= t M � r max a 1B,RpprownguuSWp {Print) F ° 20ESupv No� ' 21 Date 22 Page of, CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: JANUARY 17, 2006 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references ares to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 9I3 and 915.4. Please note all "Warnings". AMOUNT: tmII ]'rrxL DEC Q 9 2005 COUNTY ©UfvSEt. CLAIMANT: wriEAT NEIN fl!lAI3T' ZCALIF. ATTORNEY: CYNTHIA DATE RECEIVED: DECRABER 9, 2005 THE VEIN FIRM, P.C. ADDRESS: 711 VAN NESS AVENUE, SUITE 220 BY DELIVERY TO CLERK ON: mmmm 9, 2005 SAN FRANCISCO, CA 94102 BY MAIL POSTMARKED: VIA FAX FROM: Clerk of the Board of Supervisors ITO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, C er Dated: DECEMER 9, 2005 By: Deputy II. FkOM: County Counsel. . TO: Clerk of the Board of Supervisors (v�'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: '��i'a S I By: Deputy County Counst III. FROM: Clerk of the Board TO: I County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). (TIV. ARD ORDER: By unanimous vote of the Supervisors present: his Claim is rejected in full. O Other: I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:%4m-'o 0-4ar�00 JOHN SWEETEN, CLERK, By9 , Deputy Clerk WARNING(Gov. code se tion 3) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposite in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I aminow, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage full) prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:'✓$'7!�&?o&0"JOHN SWEETEN, CLERK By Deputy Clerk F/09,12005 14.05 FAX 415 7715845 VEEN LAW OFFICES � Uz.iiuo4 1 CYNTHIA MCGUINN, NO. 099324 MILES B. COOPER, NO. 209085 2 ANTHONY L. LABEL, NO!205920 THE VEEN FIRM,P.C. �"t•w 3 711 Van Ness Avenue, Suite 220 San Francisco, CA 94102 DEC LOUD 4 Telephone: (415) 673-4800 Facsimile: (415) 771-5845 +0' V': _ i1111i'� ee 5 GL'eR R,aFT-s[ '.. O6Pu ,r Tit �,i"1:111:; ATTORNEYSTOR CLAIMANT 6 WILPAT NEWMAN 7 8 9 Wilpat Newman, 10 ATTACHMENT TO GOVERNMENT Claimant, CLAIM AND GOVERNMENT CLAIM 11 AGAINST THE STATE OF v, CALIFORNIA(CALTRANS), CONTRA 12 COSTA COUNTY, AND CITY OF State of California Departnsent of Transportation CONCORD 13 (Caltrans), Contra Costa County, and City of Coacord, I Government Code S 910 et seq. 14 Respondents. 15 18 TO THE STATE OF CALIFORNIA (CALTRANS),CONTRA COSTA COUNTY,AND 17 CITY OF CONCORD: 16 • Pursuant to Government code sections 910 and 911.2,WILPAT NEWMAN ("claimant") 19 hereby submits the following claims against the State of California (CALTRANS),Contrs Costa 20 County, and City of Concord. 21 CLAIMANT: Goi, Code f 910(a)The name and port offix addeeu of the claimant. 22 The claimant is WiLpat Newman, 6 Lancaster Ave., Baldwin,NY, 11510. 23 RESPONSE AND NOTICE ADDRESS: Gov. Code 5 910(b) The post office address to which 24 the person presenting the claim desires notices to be sent. 25 All official notices and other correspondence should be sent to THE VEEN FIRM, P.C., 26 711 Van Ness Avenue, Site 220, San Francisco,California, 94102, (415) 673-4800. 27 FACTS GIVING RISE TO THIS CLAIM: Gov. Code 910(c) The date,place and other 28 1 . THE VEEN FIRM,P.0 nwK»•�..4.ljg ATTACHMENT TO GOVERNMENT CLAIM AND GO'OTERIVMENT CLUMAGAINST THE STATE OF Tol. �0+m CALIFORNIA(CALTRAI35),CON'TR.A COSTA COUNTY,AND CITY OF CONCORD ,+ravnWlmoT 12/09/2005 14: 12 FAX 415 7715845 VEEN LAW OFFICES 1�045/064 1 cinxmstancer of the oemmme or transaction which gain rise to the claim asserted. 2 The occurrence took place at approximately 5:52 a-m. on June 12, 2005, northbound on I- 3 680,627 Feet South of 680 CLC 18.71,in the City of Concord, County of Contra Costa, (hcreinaftrz 4 the"ACCIDENT 51 El as more fully described in CHP Traffic Collision Report No. 6-154, 5 attached hereto as Exhibit 1. 6 The circumstances giving rise to this claim are as follows: Claimant is the surviving mother 7 of Michelle Brianna Mills (`dILedeneo. At the above time and place, decedent was a passenger in a 8 2003 Saturn Sedan. Decedent was killed when the vehicle left the roadway at the gore point between 9 I-680 N/B and SR 242 N/Bj collided with a tree and was engulfed in flames. 10 Claimant asserts that the State of California (CALTRANS), Contra Costa County, and City of 11 Concord negligently and carelessly designed,warned,failed to warn, constructed, created, 12 maintained, repaired, ownedl operated controlled,signed, striped, guarded and regulated the 13 aforementioned ACCIDENT SITE and the adjacent roadway thereby creating a dangerous 14 condition which caused and contributed to this accident- In addition to the negligent and careless 15 design and construction of the ACCIDENT SITE and the approach to the ACCIDENT SITE, 16 there was,among other thin), a: 17 (a) fail le to warn of,and/or prevent and/or correct a "dangerous condition" (a 18 condition of property that I eates a substantial ['as distinguished from a minor, trivial, or 19 insignificant] risk of injury I hen such property or adjacent property is used with due care in a 20 manner in which it is reasonably foreseeable that it will be used) on, or immediately adjacent to, 21 public property; 22 (b) failure to provide and/or construct and/or maintain an adequate and safe 23 barrier and/or median; 24 (c) failure to warn of the absence of an adequate and safe barrier and/or median; 25 (d) failure to provide,place and/or construct and/or maintain adequate lighting; 26 (e) fail I e to provide and/or construct and/or maintain an adequate shoulder 27 along the roadway; 28 (f) failure to provide and/or construct and/or maintain a safe roadway width -2- TNE VEEN FIRM,P.C. ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF Tel,.ui07 awcawusuIlW oz CALIFORNIA (CALTRtiNS),�CONTRA COSTA CC7UNTY,AND CITY OF CONCORD ma+pa J 12/09/2005 14 : 13 FAX 415 7715645 VEEN LAW OFFICES 100 4b/V154 1 and/or roadway surface; 2 (g) failure ro provide and/or construct and/or maintain an adequate number of 3 lanes for vehicle travel in light of the volume of traffic traversing the roadway; 4 (h) failur I to post a sufficient number of signs and/or signals at the time of the 5 injury to warn advancing mot)Lists of the dangerous propensities of the roadway; 6 (i) failur I in permitting the legal speed limit at the location of the accident to be 7 greater than the speed at which vehicles could be safely driven. Claimant is informed and believes 8 that based on the configural n of the roadway or other existing physical conditions, speed signs 9 should have indicated that area should be driven at less than the legal speed limit; 10 (j) failurl to provide and/or construct and/or maintain adequate striping, 11 roadway markings,-chin ne lation, and devices such as-bot dots or other noise attenuation devices 12 sufficient to guide and warn drivers away-from the gore point; and 13 (k) failure to adequately warn of the dangerous and unsafe conditions described 14 above contributed to this accident by failure to provide notice to motorists using the roadway of the 15 dangers that lie ahead which)would have allowed motorists to anticipate and better respond to such 16 dangers. 17 These hazards, stated above,were not reasonable, violated design standards and created a 18 dangerous condition of public property. If the roadway was designed with the aforesaid defects 19 mentioned above, such designs were not reasonable and the designs could not have reasonably been 20 approved. If in fact the de lign was reasonably approved, conditions changed substantially since time 21 of the design in that traffic I olutne and commune speeds have increased tremendously, creating an 22 extremely dangerous condi)on in a roadway span which is not properly and adequately signed and 23 which lacks necessary safety devices to warn motorists of the danger in the road. 24 Further,claimant is informed and believes that employees of the State of California 25 (CALTRANS), Contra Costa to County,and the City of Concord created and knew or should have 26 known of these hazardous! dangerous and defective conditions,and failed to take the necessary and 27 appropriate steps to warn, control, reduce and eliminate the hazards which conduct would have and 28 could have reduced or ehrninated the injuries sustained by claimant. -3- TWE PEEN FIRM,P.C. I m wn Wa•VE.au,Em ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF Tel(diBt ansa eoo cuyisco,uw�� CALIFORNIA (CALTR.ANS)[CONTRA CO5TA COUNTY,AND CITY OF CONCORD Tel p ww+NiMmewn i 12/08/2005 14 : 13 FAX 415 7715845 VEEN LAW OFFICES Z047/064 1 INJURIES: Gov. Col 910(d)Ageneral denription of the indebtednerr, obligation,injury, damage or 2 lorr incurred so far as:t may be known at the time of presentation of the claim. 3 Wrongful death ccon I mic and non-economic damages,including but not limited to damagcs 4 for loss of financial support, gifts, benefits, funeral and burial expenses, household services,love, 5 companionship, comfort,care, assistance,protection, affection, society,moral support, training and 6 guidance. 7 PUBLIC INTITY EMPLOYEE RESP_ON-5I5LE: Gov. Code f 910(e) The name or names 8 of the public employee or employee I causing the injury, damage, or los, if known. 9 Claimant is currently unaware of the name or names of the public employee or employees 10 causing injury, damage, or loss. Claimant reserves the right to amend this claim when such 11 information becomes knoI to her, 12 .AMOUNT GLAI_MEJ): Gov: Code J 9100 . . . . If the amount claimed exceeds ten thousand dollarr 13 ($10,000), no dollar amount sh Ill be included in the claim. Houever, it shall indicate whether the claim would be a 14 limited civil case. 15 Claimant is currently unaware of the amount of economic and non-economic damages, but 16 given the nature of her loss, the amount claimed as damages is estimated to exceed the jurisdictional 17 limits for a limited civil case. Therefore,jurisdiction will rest in Superior Court, Unlimited 18 Jurisdiction. .19 20 DATED: December 2065 THE VEEN FIRM, P.C. 21 22 23 By: Cyntlk McGuinn 24 Attorneys for Claimant Patricia Randolph 25 26 13970 1.doc 27 28 -4- TME VEEN FIRM,P.C. A-ITACHMENT TO GO`'EBNN[FVT CT,.AIM AND GOVERNMENT CLAIM AGAINST THE STATE OF CALIFORNI.1 (CALMR NS),CONTRA COSTA COUNTY,AND CITY OF CONCORD T•�1•+41 of a•e0a T _.•,Mwx.ca,n 12/09/2005 14 : 13 FAX 415 7715845 VEEN LAW OFFICES 10048/064 FEH1BITA� 12/09/2005 14 : 14 FAX 415 7715845 VEEN LAW OFFICES 10 049/064 11%04/2005 17:02 707A- 54255 BARNETT L1''"' FIRM PAGE 02/15 str.TE Off,��uroranu TRA1;�Tt OLLISION REPOKv., CHP 555 CARS Page 1 (Rev 1.03)OPI 061 vRge 1 d l4 RtaUL CON TIOW MAA -T-KA STY NPICIAL 049"1CT LOCAL REPORT M RER 'A7A` 1 CONCORD MT.1)"LO NARNRALW NR�MaVN� COLINr?' pEPORTINQ O18TRICT 11GT , 7 0 ICONTRA COSTA 683 I COMIGON OOQRHED ON: 40 DAY YEAR WE(2AWJ NrAc OFFICER 1.a. L6AON/B 6/12/2005 0552 _91' 014162 MUKIST INPORWRIOK OAY W11R TOWAWAY PHDTOORAPH5 BY: NOW a 627 FEET SOUTH OP 680 CCC 18.71 SUNDAY X naElND OFC.THOMAS U a LJ ATIMtRACnIX+Rrtra Val HwY ftmOFC.BONIUA mors 627 FEET SOUTH OF CONCORD CITY LiMi T9 x Asa No PARTY mIvwv LICaHaa NUMpIR ITA" CLdl AM 643 koa,T EaUIP. VIEK YRAR' YARa lMDD6L r COWR ummoo NUII®R STATE 1 01192302 CA C A O 2003 SATURN SEDAN SLV 513VO784 CA DRWER NANaIFIRiT,WaRK.lA4T7 TASNIKA CRYSTAL CATO OwNaR7NM RAW n:ORNveR, =Al+ smeprnooR®s ITINP,A.SCHCOTFELUT iL 675 NHWBURY LANE#34a OrmERM ADME35 lALN As DRIYaR b1a MYIaATR/zM 32464 BDMI WAY WON C11Y CA ".587 YWARD CA 94544 olamumaN OR vENIO.E ON ORDER,or, OOPF1Gtq MOOR OTHER 2z wm areR N16IPfT WIGHT vfnr TE RACC AN IEUCAN TOW-(925)6S2-8122 P r 1C BIRN 5-04 130 M2/2111993 A A%"Maas raft= X aro a Aw. ReFCR M N~W ow "IR MOW DNONE WATRISS PNDNI YEKCLe MORTIFICATION NUMMM NONE NONE H1H X10 TYR OOlpuq VINIM906MAIPF afAPE W awADED AREA WOUIRANOt CAMigR POUQI rIVMaaR UNIr Nal! ANNOR TRANSPORTED 01 ACO K ragR Rou ovMn GIN OF rnavlt6j ON emir DR T Lan d arr N I-680 65 C+L•T reI mm .tir.A PARfY ONIVFR9lI1YA:E NIJQwn SrATp Otnaa AIR PIC SAFETY EQUIP. VEKYW Mw-muoaL/COLOR LgarvOa MJWIR TAtd 2 MNIIR RAAIg(FIRRT.MIDDLE.LLaTI OWNUta NAME SAMA AN ORNaN ETR MAN aw"Ps ADDRESS SAMEAt omwipt �TR�D pTYrarnTaraP DIOWORION OF VENI@F,ON MtFts OF: omeaR I�IwtNeR vrm My. HAIR ErEe 14r0!R Wt1aM RaiTRwia MCC �J Ie any Yw PRIOR McOWAI041a1PORl NONE APP. RDRR TO NNVwTIVE OTN1R MDMIRONE YQ1Waal PNDNiI YlRG1S B7ENrPICATIQN MRJtOI• vCMd.E 7YPB OatalRt I VtRrCK OAKAOt SNAOE W MMA090 ARBA MtlRAW.CA.RraaR FQLCYNUFbm VNR Nry/l YIHOR MOD RR ARaLI.evRA OBLOFTMVWL 0NVrRAV0RH10HwAY SPEED UMn' CA DOY CA47 TvmaC NCM% PARTY 011"Al LICELN34,'NM09q STAN OASS Ai RAC EAFEWE01,0I0_ Wolq.Y4R IMAJI(KIMODIFLICCI U 3 1 LOp OINaa RMMRR aTATR CR)VO NAAIEPIRST,NrOQE LAn {Iy/ rte/ I 71 J 1 TI' ONNERt NAMr. I I4AM As DRIVCR P bTRl17 AmRC6a �I AA�RI�%��pp QwNErT'9 nOaREEa SAMR AO DRIvpR VEH10.�0 Chl'I6TAlal IIF . Mlfta"om of vENlp a ON ONQPRS OP; OFRIClR oRIVYR I pTNER 1 • Sax HAIR arta M11aHT Wa1a/1T aTBI M' ....I MR I �a.re RAee AT YAfP maa¢u R�61ANOIAL OIrGCTO NRNE APP. lPpri TO NARRATNa O*HPa HOMR PNWf tYRINal1pmoNR Vpla.'IpOrR,FICATIIX+NLaARaR• VEHgLE TWE OIACRbI VaNlaw a ly ,oa SKAat IN DAMAC.0 AREA wD.uMACt CARRIES POUCT i BER UAW �1NON4 MRmR MOD I innIER Rall•aV4R OIR d'TRAVl4 OR RTiRERT Op KONWAY 7UNIT u Ovr PRaPARER'4 NANe "T TiAFK' NOMX 0I8PA""NOTwila R EnRER-9 MAW MTa ngVIRWQR P.MURPHY Ola 162 12/09/2005 14. 14 FAX 415 7715845 VEIN LAW OFFICES IM050/064 11104/2005 17:02 7071'554255 SAWETT LF- '�FIRM PAGE 03/15 STATE OF CALIP'GRNIA- .� TRAPPIC COLLISION CODINO ('HP 556 EARS Pags2(Rev, 1-03)OPI 001 Pnp►y °r 14 DATC on eowslam(Na DAY YBAn) TNHO.AA) Ntllo A aroBA 14 6/U�005 0552 9320 014162 -CYINLR OWMER AOORF"lY PROPERTY El09©NO OAMA GH wwRIPTION QII WWADL SEATING POSITION SAFIST`I EQUIPMENT INATTENTION CODES OCCUPANTS L-AIR BAG OEEPLOYIO WO IpIGYCt.E-HELMET M-AR BAG HOT DEPLOYED DRIVER PABSENGiR A-CELL PHONE HANDHELD A-NONE IN V&NICIa I•f.EIJ.PNOHB HM ANOSEE -UNKNOWN N•OTHER V-NO X•NO C-aorTRONIC EDUIPMENT CLAP SILT USED P-NOT RLOVIRLO W•YES Y•YIS O-RADIO/CD 1 2 3 1•omtv%q O-LAP BELT NOT US'D S•SMOKING A TO B-PASSENGERS' A•SHOULDER)TARN SS USED CHILD ROMAINT excTlFROM,�N ICS F-110404 5 6 7-STA.KION REAR P-SMOULDER IJARPJE54 NOT USED O-IN VEHICIA UAGO D-NOT EJECTED 0 I CHLORIN B-RR.OCG TRI(OR VAN Q-LAPISHOULDQR HARNEQA USED R.IN VEHICLE NOT UBiO N.ANIMALS 1•FULLT EJECTED B-POSITION UNKNOA H-1.001018HOULDER MARNIAS NOT USED S_IN VEHICLE USN UNKNOWN 2-PARTIALLY IJECTED I- PERSONNEL HYGIENE 7 0.OTHER J-PASSIVE RESTRAINT U4 ib T-INVaHIC1(iIMPROPER USK3-UNKNOWN J-RSAOINO K•PASSIVE R66TRAINT NOI U21115U-NONE N V6NICLE K-OTHER ITEMS MARKED BELOW FOLLOW@D BY AN ASTERISK(')SHOULD LIC RXPLA1NBD IN TNG NARRATVC PRIMARY COLPA= OR PAOR TRAPrC CONTROL DIEIRAM OFS 1 2 3 CutL INFORMATION 1 2 3 MOVEMENT PRECEDING UUT MR4MR PI OF PXMY Al Fr r I COLLtAION VC SECTION VIOLATED CITIO Sa A CONTROLS FUNCTIDNINO A"HA7AR B TmA4 A STOPPED A =107 D ■ C N ROLE NOT FuNC. ENO- R %u WZ. IN USE E PROCEEDINC LTRAIGHT R IMPR0 P6 DRIVING- C GONMOLS OBSCUR60 C CLL PHONE HANDOZARIN USE x C DPP ROAD D N37NTItOLa PRESENT I FACTOR' D G.L L F M URN W6rlNE O MAIONG R1014T TURN C OTHER MAN IVSR- TYPE OP COLLISION E SCHOOL DUB RELATED E MAX)NO LEFT TURN O UNKNOWN- JA mm.ON I P 76 FT MOTORTRUCK P MANN V TURN B 5106 SWIPE 0 L MBO O A-NO C REAR O W H SLOMNNOISTOPPINO WSATWR (IFSARK I TO 2 RIMS) D BROADER I 1 1 PASSING OTNGR VGHIQLE X A CLSAR X G HIT OBJECT J J CHMGINGLANES a CI.OUOY F o RNEO I K K PAACN6 MANEUVER C IN6 Q RM&I IP6068TR 4 L QNTVRI"TRAPPIC D SNOWING H OTHER': M M OTHLII UNSAFE TURNING A PCG VIa1®ILfrY FT, N N XINO INTO OPP5SINO LANE F OTHoto MVMRVGRICLSINVOLVEDWITH 0 b PARKED O WINO A NON.COLUIBION I P P MERGING LIONTINO B PEDESTRIAN Q 0 TRAVELING WRONG Y A DAYUGHT C OTNRR RVAHICLL OTMER ASSOCIATED FACTORS R DTHIE' N DUSK.DAWN D M EMICLS ON OTMER ROADWAY I '2 (MARK I TO 2 ITEM8) C DIRK-STREET UGH E PARKED MOTOR VEHICLE A "m D DARK-NO STREET LI TA 7 TRAIN MO tf DARK.4TRIET LIOMT C 8 CY B rPMncwm TES FUNCTIONING- H ANIMAL ND BOARILN-DRUG ROADWAY SURFACEC NS BIPIeNvelA+m N1q° eves 1 2 3 (NARK1 YSICAL 2TTEMS) )( A DRY I FIXIDOBJECr: I NP 8 D . A HAD NOT areN DAWKING C SNOW-IOT X J E NSIOOBSCURBM ROBJECT; NENT; B Wbb-UNDEq INFLUENCE O SUPPBRY MUDDY,OILY.ETC.) RRDw000 TRaB F INA ON^, G HOD.Nor UNDER INPLUEI+CE• ROADWAY d7NDTON(6) Q BGo TRA IC D 1400-DAARMZNTUMONOWN- MARK 17V2ITEMS) P6oSSTRIANTA ACTIONS h ENTERING I LEAVING RAMP E UNGEa 1t INPLUGRCE- A HOLF4,DTPP RUT' A NO PBDESTRMNB INVOLVSO I PREVIOUS OOLLIBION IF IMPAIRMENT-PHYSICAL' S LOOSE 11144TtRlAL ON ROAOWA - B CROSS INO IN CROS#WALK J UNFAMILI R WITH ROAD O IMPAIRMENT NOT KNOWN C 00^TRUCnON ROAL ATINTERIECTION K DEFECTIVEVEH-EQUIP.: CIT SO 14 MOT APPLICABLE I 0 CONSTRUCTION.REPAIR iGVNC G GRO88NG IN CROSSW i K•NOT �Le I 8L65PY IFATIGUED E RGO EO ROADWAY WIOTH ATINTORSECTON PC F FLOODED- D CROSSING-NOT IROSSWALK L VNINVOLVED VEHICLE G ER", I IN ROAD-INCLUDES SHOULDM OTHER'. X N UNUSUA CONO ONS P N T IN R XN NOMI ARCNT I 0 APPROACII4ING I LEAVING SCHOOL BUO 10 RUNAWAY VEHIC4 SKr" FOIL SKETCH D1AORAK SEE PAGE 4 0 =pqft us DOT CR rn INp1OATH MORIN `RI4R a _.1.190 CNP ----- DA- P7/60 CT OTHER .�� 12/09/2005 14 : 14 FAX 415 7715845 VEEN LAW OFFICES 1051/064 11/04/2005 17:02 707A 54255 BARNETT L' FIRM PAGE 04/15 STATS OP,OAI,IFOR4A INJURED l WITNESSES f PASSENGEF ..: Pax s � 14 CHP 555 CARj P R 1-03 OPI 051 CAT'S OF COLLISION(MO. DAY YGAR) TIMEI2400) NCIO 0 OFp10ER 1,0. NUMR 6/12!2005 0732, 9320 014162 w rwug PAGSEMER Aa>< sY EXTENT OF INJURYC)C' ONE) INJURID WAS f r ONE) PAR1Y SEAT AIR BAFITYuecyre 22 F ONLY ONLY NyYUER PGS. MAG EWP. fnru SivlRC bTAlII NSIetJI 60MPWwT 04, .'. PEO, MOrauu oMER NJLKa1Y 116AIIP/ IIU4KY OF VMI' ❑� ❑ a ❑ a ' a a ❑ o ❑- ❑ , 1 o NAME ID.0.9./ADORGee - TELEPHONE' TASNI A CRYSTAL CATO (02M/19B3) 675 NEV Lf&Y IANB(0 344 RAYWARD CA 94544 NONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO; CORNOW9 OPFrM I CORNOR'S OFFICE DGSCRIBe INJUwaa; BLUNT FORCE TRAUMA VICTIM Or V1OL6NT CRIME NOTIFIED ❑p ❑ 21 F ❑X ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 3 B G 0 NAME I0.0,B./ADDRESS TELERHONIS IYIIREU.ESRSSANNAMJII.S 07131/1993 806SENICIARD VALL8J0 CA 9&591 (INJURED ONLY)TRAMBPORM15 OY: TAKEN TO: CORNORS OFFICERS CORNOEtS OFFICE Dr=Norl INJURIES: BLUNT FORCE TRAUMA VICTIM OF VIOLENT CRIME NOTIFIED a' ❑ 21 F a o o ❑ o a ❑ ❑ ❑ 1 6 p D NAMQJD.O,B,/ADDRI MS TELSPHONG JAMUCA LATASMA NBWMAN 05!04/1984 14 DEL PAADO CSR FAIRFTS 3533 (INJUR@O ONLY)TRANS PORTED VY; rAI%N TO; - CONOR'S OFMBRB CbRNOR'9 QFF1Ca OESOWBE INJURIES: BLUNT FORCE TRAUMA' VICTIM OF VIOLENT CRIME NOTIFIED 0 ❑ 25 A Q L] Q © ❑ ® ❑ ❑ ❑ 1 4 p 0 0 WWW I DA.E.1 ADDRESS 7ElFPHONE CAIVHUZ DRAYTON 11/09/1979 209 ALASKA AVE 612 FASR,BI$LD CA 94533 !INJURED ONLY)TRANSPORTED BY: TAKEN TO: AMR AMBUSAN05 MT.DIABLD OrEQRre!INJURIGO: COMPLAINT OF FAIN TO CHOT,NWX.EfC VICTIM OF VIOLENT GRIME NOTIFIF,O �r 1 ❑ zo M ❑ ❑ ❑I ❑ ❑ ❑ ❑ ❑ ❑ NAME 1 D.0-111.'ADDRESS TELEPHONE ROBURT MICRAES,MMCN 06127/1984 1901 6UENA TliaMA ST BEMCIA CA 94510 (707)208-4512 (INJURtD ON`Y)TRANBPORTCD BY. TA1MN TO: OFACAIBG INJUR1gA. VICTIM OF VIOL@NY CRIME NOTIFIED xf2 ❑ M D ❑ ❑I ❑ © O ❑ ❑ ❑ 7-7 NAME/O.O.B./ADDRE66 TELEPHONE R=K 0=N 8/19/1964 1926 CONTRA CGS i BLVD.*209 PLRASAN!HIE. CA 94523 (INJURED ONLY)TRANSPOKTI'EO OY: I TA16N TO: 0I530AIIN INJVR10S: VICTIM 00 VIOLENT CRIME NOTIFIED PMEPAR�e'$NAME Num 62 MO- DAY YGAR RINIGWeR9 NAME MO. DAY YeAR F-Mu"H 1.0,014162 6/122005 12/08/2005 1413 FAX 415 7715845 VEEN LAW OFFICES It o5210s4 11/04/2005 17. 02 707" 54255 BARNETT L^ FIRM PAGE 0j5�/15 LFA l U11L,111 01RAM Pepe L4 el ^� f4,_ . t t '`'�'� ZW1h�r7Ga) QAO. 44T YC�q) i17eE Yl�mjl — � NQiJ''/ OiR(.�jt' ly. M1M0�1 1' f �� Ii ALL USMO IA MT9 ARE APPROMN10C AND NOT TO SCALE UNLEnSTAY6#$'GALE" ) - b � 'Cri�C� tJ! 1 N3 Y 5 �_' z nrauzrs ry • MORTM ' ' ra= rz ► . 8 Ix iz '! Jt 12- J2' rL to az N3 N fAS � rJb eY kO,MAIMA eemVr.er a wMo. wr �Qleq ` 12/08/2005 14 : 15 FAX 415 7715845 VEEN LAW OFFICES Ob3/ob4 11%94/2005 17.02 70?�54255 BARNE77 L,' ''f IRM PAGE 06/15 STA7e 00 CALAPORMIA FGtCT�JAL D AQRAM kaon rj l� AHP Sg3 Q to /R.v. -oat oa{oe i _ rrp�nOnCCL�ri7KStid. IM7 YMA011 nWP�O-I wNC. 6�flcFr.O M66q L ca - •Z_o o s 5 L �3'Z� } W k c�-L- (I 1 S4 `�� /�♦ � ALL MPlRuwelNlNTb ARS'MPM101(IMA74 AND MOT 70 SCAT!UMLESS-TATER jSGALE e 1 N t \ MORTM tv z �►3 Sl� �.�z.Ufa 1 � � 1 -7 o I2 Ta Ix ri I1 iz to rJ► rJ Z I N3 N j n!S f N tw -MF,try e7 1 1.0.wMam( MD. DAY WAA PNI{wAR71"A,t O$P 03 7078 12/09/2005 14 : 15 FAX 415 7715845 VEEN LAW OFFICES 16054/064 11794/2005 17;02 70'44 54255 BARNETT L� ' +FIRM PAGE 07/15 STATE OF CALIFORNIA DATR Op INCMM4T TWK NCIC NUMIL OFKc6A I'D. PRO P. 06/12/2005 0552 9320 6F I LEG1� 2 3 4 STATION LINE 0+00 5 6 A station line was established on the center median of northbound SR-242 just south of the 7 posted Concord City Limit tra$c sign and increases as you proceed south. The Concord City 8 Limit sign is posted on the sound wall bordering the east side of northbound SR-242., 9 10 0+00 — 605 feet south of the poste) Concord City Limits sign and 5 feet west of the west 11 roadway edge of northbound SR-242! 12 13 ITEM AND DESCFJPTION 14 15 1- Beginning of gore point (NB I-680 /NB SR-242 split) 16 Located 0+781 feet and 0 feet right. 17 18 2, Posted M)dt 50" sign located in the reverse gore point. 19 Located 0+378 feet and 10.5 feet right. 20 21 3- Fixed light pole##18672. 22 Located 0+225 fbet and 30 feet right. 23 24 4. Bush with broken branch from the subject vehicle. 25 Located 0+107 feet and 15 feet right, 26 27 5. Silver colored piece of car panel 28 Located 0+91 feet and 19 feet right. 29 30 6. Broken piece of passenger aide mirror, 31 Located 0+87 feet and 20 feet right, 32 33 7. Silver colored piece of car panel. 34 Located 0+84 feet and 20 feet right, 35 36 8,Concrete drain covert 37 Located 0+74 feet and 55 feet right. 38 39 9- Sliver colored piece of car panel 40 Located 0+62 feet and 25 feet right. PREPARER'S NAME r.A•NLt IBFA DATE RBVT-WeR18 NAPM DATE Garm Tr 16636 06/12/2005 12/08/2005 14 : 16 FAX 415 7715845 VEEN LAW OFFICES vooivd4 11/04/2005 27:02 702A;J54255 BARNETT L-7 'FIRM PAGE 08/15 s STATE OF CALIFORNIA DATE OF INCIDENT TIME 14CIC Nb"m E2 OFFICER,I.D. NUMBER 06I12J2005 0552 93201 . ti LA��,� i� k SL+ r 1 S)✓GEND CONIDMD 2 3 '10. Redwoodtree 4 Located 0+22 feet and 45 feet right. 5 6 .11, 2'x 1'piece of silver colored car panel, 7 Located 0+20 and 52 feet right 9 12, Satum poitit bf rest(on passenger side facing an easterly direction) 10 Right rear tire: 11 Located 0+14 feet and 36 right. I' 1.2 13 ..13. Right kont'tire: 14 Located 0+14 feet aad 28 feet right ROADWAY MARKINGS A = 3' CONCRETE CENTER MED.IA I•WALL B = PAINTED 50LIDYELLOW LINE C = ASPHALT MEDIAN D = PAINTED 5OLID 1A(HITE LINE E = ASPHALT SHOULDER F = b0KCRETI=AND 6R1CK SOUND WALL G BOTTS DOTS H.7 6 CHAIN LINK FI NCE (CYCLONE FENCE) I. c PREPARSR'S NAME Li?,NC1ME81! DA77 REVIEWER'S NAME DATE Gar!X, T 16636 06/1?/2005 12/0912005 14 : 16 FAX 415 7715845 VEEN LAW OFFICES IM vb6/v6a 11/04/2005 17:02 70754255 BARNETT L' F IRM PAGE 09/15 STATE OF CALIFORNIA ' NARRATIVEISWEPLEMENTAL PAGS 8 CT' 14 E OF INC1 TIME II NCIC NUM=K O F{C R 1. p 1�1U ` S 0611212005 ER 45.ra2 ! 8320 014162 1 F CTS: 2 3 NOTIFICATION- I was,dispatched to an accident with no details at 0_556 hours, Offlcer Johnson 4 #13849 and Arroyo#14392 respon!ed at 0608 hours arriving on scene at 06'13 hours. Upon 5 Officer Johnson's arrival he advised that the car was fully engulfed with the possibility of three 6 fatalities . I responded at 0619 hours arrlving on scene at 0622 hours. All times, speeds and 7 measurements are approximate. Measurements taken by rollometer, pacing and estimations. 9 SCENE: At the scene of the accident 1-680 NIS is a full access freeway consisting of six lanes, 10 the freeway splits into two separat i freeways, with three lanes going to a left hand curve 11 remaining 1-680 NIB, and three lanes going straight becoming SR 242 NlS, In between these 12 areas is an area called a gore point that is paved then goes into a dirt landscape area with bushes 13 and trees. (see diagram). 14 15 PARTIES: 16 17 PARTY#1 [CATO}, P-1 was not contacted due to having fatal injuries at the scene. P-1 was 18 placed as the driver by passenger rayion, P-1 had a valid license an was placed as a party by: 19 statetnents of passenger Drayton 20 position in vehicle 21 22VF�HICLI= #1 (SATURN): V-1 was located on the right side facing a north east direction In the 23 landscaped area of the gore point i rea of 1-680 and SR 242. The vehicle had major damage 24 including but not limited to: front bumper, grill, hood, right and left sides, in addition to being burnt. 25 26 27 28 29 PREP ftED$ 1,0.NUMBER ME R EwER'S Mur R MURPHY 0141621 06/12!2006 12/09/2005 14 : 16 FAX 415 7715845 VEEN LAW OFFICES t$tO57/064 11104!2005 17: 02 70754255 BARNETT L' FIRM PAGE 10/15 STATE OF CALIFORNIA pA.RRATIVESu l EAG� 2 2F 14 DATE OF INUIDLIN T TIME NQ10 NUMBER OFFt . . UMBSR i 06/1212005 0552 I 8320 014162 1 24 HOUR PROFiLES ON CATO MILLS AND NEWMAN): 2 (Provided by Camille Drayton DOB 11109179) 3 Camille said that she-hold got up around 6:00 AM on Saturday(6/11/05)went to work at 7:00 AM 4 and worked to 9.30 AM, Camille said when she gat home her younger sister Jamika (Newman) 5 came over around 10:15 AM. Camille said they then drove to Oakland to see Brea (Mills) 6 graduate from Silicon Valley Coilege. Camille said that her sister Jamika and Brea were best 7 friends. Camille said when they were at graduation they met with Tas (Cato), Camille said that 8 Tas and Brea were friends, Camille said that graduation was over at around noon and that Tas,. 9 Bree drove up to Brae's and that her and her sister Jamika drove her car up to Bree's. Camille 10 said that the four of them then hung out at Bree's for several hours, having a drink of Hennessey 11 and Banana Juice.Camille said they all four got Into Tas' car and drove to Tas' house in 12 Richmond. Camille saki they went to Hilltop Mail, did some shopping then went back to Tas. 13 Camille said they then left around 10:30 PM and drove to a motorcycle show In Stockton, with 14 urea driving Tas' car. Camille said that they only had-one drink at the motorcycle show because 15 the ice machine at the bar was broken. Camille said that before they left Stockton they went to a 16 Denny's in Stockton and had food] Camille said that Just before they left at 5:12 a.m. Jamika 17 called her franc& to let him know they were on the way home. Camiiie said that nolle of them had 18 any sleep. 19 20 ,(PROVIDED BY MOTHER OF CATO, JUNE SCHLOTFELDT DOS 06124156) 21 June said that her daughter lived on her own In Richmond, CA and that she would let her borrow 22 her car from time to time, June saki that she as talked to her daughter on Saturday evening 23 around 10.30 PM. 24 25 (PROVIDED BY MOTHER OF MiLLS, PATRICIA RANDOLPH) 26 Patricia said that 8ree had spent the night at her house on Friday night and that they had stayed 27 up quite late talking about graduation on Saturday. Patricia said that she woke Brea around 7:00 28 a.m, on Saturday to get ready for graduation. Patricia said that they all went to graduation where 29 Brea met with her friends. Patricia said after graduation they ended back at her house. Patricia PREPARED Y I. MB d EVIEwE AME DATE P. MURPHY 014162 06112/2005 12/09/2005 14 : 17 FAX 415 7715845 VEEN LAW OFFICES IQ U59/U94 11%04/2005 17:02 707'•54255 BARNETT L, _FIRM PAGE. 11/15 . STATE OF CALIFOMIA RRATIVE/SU PLEMENTAL _ 00 p INCIDENT TIME CIG NUMR 76MMP I.D. hl M9ER 06/12/2005 0552 9320 014162 (0 154+ 1 said they hung around the haus= the rest of the day, went to Dree's favorite restaurant, went by 2 and got the cake at Safewayso Bree could see it. Patricia said that the four girls then left to go to 3 Tas' house at around 7:00 p.m. 4 5 PASSENGER 1DRAYTON): Drayton was contacted in the rear of the ambulance and at the 6 hospital. Drayton was able to provide information on P-1, and the other two passengers in the 7 vehicle. 8 9 PHYSICAL. EVIDENCE-, Debds, damage to tree, vehicle location. 10 11 STATEMENTS; 12 13 PASSENGER (DRAYTON): Drayton said that she was the left rear passenger and that she had 14 been asleep when the accident occurred, Drayton said that just prior to the accident she heard a 15 scream, that she then could feel th� car hitting the bushes and that they then went airbome hitting j 6 the tree. Drayton said the car then lend9d up on its side and that she crawled out the door. 17 Drayton said when she crawled out the engine area was already on fire. Drayton said she crawled 18 back in trying to gat her sister, but couldn't. Drayton sold she crawled out and was helped away 19 as the car exploded. 20 21 WITNESS #1 (HIRSCH): Statement taken by Officer Johnson #13849. 22 W-1 said that he was on NIB 1-680 at Monument Blvd. in lane #1 going 75 mph when a dark 23 green or blue car passed him on his right side going 80-85 mph. W-1 said that he was about 200 24 yards back when he saw that car bounce off the right side wall of SR 242 then back across to the 25 center wall at which point W-1 believes the car went over the wall landing below. W-1 said he 26 stopped and went down and saw a person crawling out. W-1 said he went around the back side to 27 see if there was anyone also in the car, W-1 said the door was open at the top of the vehicle and 26 that there was a loud explosion. W-I1 said that as he was dragging the survivor away she kept on 29 yelling my baby, beating on me and trying to get back to the car_ W-1 said by that time it was 60% PRE ED Y t.D. MBER DATE RIEV ER'9 NAME A E 'P. MURPHY 0141621 06/12/2005 12/08/2005 14: 17 FAX 41.5 7715845 VEEN LAW OFFICES 16053/064 21/04/2005 17:62 707' 54255 BARNETT L +FIRM PAGE 12/15 j $TATE OF CALWORN" NA�RATIVEJSUPPLEMENTAL _ PAGE 11OF14 DATF- Q TIME NCIC NUMBED^ OFFICER I..D. N MBER 06/12/2005 0552 9320 014162 It I S H 1 engulfed. W-1 said he asked If there were other people In the car and the survivor sold her sister, 2 my baby and someone else. W-1 said he did not hear any screams coming from the vehicle and 1 3 within a matter of seconds It was fully engulfed, W-1 la .c alined t # wa4 a ruffr �t ca,r that 4 he saw bounce off the wal never v _tt�l r{ar ung ta§topWd.anal_saw it on fire. 5 6 WITNESS #2 (DILLON): Statement taken by Officer Samuels x#15478 7 W-2 said that when he showed up he called 911 at 0608 hours to advises of the accident and 8 that the car was full engulfed. W-2 said he saw two white men standing on the concrete walkway h the ami bulance showed up he looked back down and they were 10 gone. W-2 said it looked like a father and son. 11 12 ADDITION FACTUAL INFORMATION: The on and offramps, along with the general area was 13 checked from the scene of the accident north on SR 242 to the Willow Pass offramp from SR 4 14 EIB looking for the car with fresh accident damage similar to what W-1 had described, with 15 negative results.The area was chef ked where W-1 Indicated he saw a Car hit the wall, and 16 though there were scrape marks there was no glass or other debris in the area and the marks on 17 the wall were enough that generally, there would have been debris left behind. In addition the 16 scrape marks were not silver the color of V-1. 19 ' 20 Coroner's Case Va 21 Tasnika Crystal Cato 05-1292 22 ,lamika Latashla Newman 05-1293 23 Mikelle Brieanna Mills OS-1294 24 25 OPINIONS AND CONCLUSIONS: 26 27 SUMMARY: P-1 (Cato) was driving V-1 on 1-680 south of SR 242 in an unknown lane at an 28 unknown speed. P-1 (Cato) for unknown reason(e) made an unsafe turning movement to the right 29 causing V-1 to exit the roadway. After leaving the roadway V-1 traveled through the landscaped PRePAQ 9Y I.Q.NVMS 91F DATE REVILEVVERIS NAM DATE P. MURPHY 014162 06/12/2005 12/09/2005 14: 18 FAX 415 7715845 VEEN LAN' OFFICES 060/064 11/04/2005 17:02 7017,14 4255 BARNETT L FIRM PAGE 19/15 STATE OF CALIFORNIA NARRATIVE]FUPP6EMENTAL _ P6QF 12gP f4 7ATE75D NT TtMEI �NCR!RMi6ER OFFS 6R l.D. NUMBER 06/12/x005 0552 I 9320 014162 I 4 1 area where V-1 struck a tree. The 1111slon with the tree caused V-1 to erupt into flames, 2 Passenger Drayton was able to escape V-1 the other three occupants were not. There is no eye 3 witness or physical evidence that indicates V-1 left the roadway as a result of being cut off by 4 anothervehlele or mechanical failure. 5 6 7 POINT OF IMPACT (POIJ: P01 determined by physical evidence. 9 POI #1 between V-1 and trees was 627' south of the Concord City Limits and 45' west of west 10 roadway edge of SR 242 NIB. 11 12 CAUSE: The primary cause of this 1collision Is P-1 making an unsafe turning movement in 13 violation of 22107 V-C. 14 15 RECOMMENDATIONS: None, E-PARE0 6Y I.D.NUMDER pa.TE REVIEWEMS DAYE P. MURPHY 014162 06/12/2005 12/09/2005 14 : 18 FAX 415 7715845 VEEN LAW OFFICES l�Ub'1/Ut4 11/04/2005 17:x2 70'^.254255 BARNETT L FIRM PAGE 14/15 'STA7t OF CAUFORNIA 1 _ NARRATIVEISUPPLI=MEN L. PAGE 1.301 ' Y DgTE 17 i 0 d SZ 6320 TIME tTC—IC NUMB R OFy`b� .�. S'-f PERSONNEL AT THE SCENE: The following personnel and allied agencies responded to this traffic collision scene or were assigned other duties as Indicated: Califorrila Highway Patrol: Contra Costa Area Of s 5001 Blum Road Martinez, CA. 94553 (525) 646-4980 Sergeant C, Costigan ID 613042 Incident Commander Offloer P. Murphy ID#14152 Primary Investigator Officer D. Johnson ID 013849 Assistant Investigator OfRoar R. Arroyo ID#14392 Factual Diagram Officer T,Garay ID#15636 Factual Diagram Officer M. Mendenhall ID#16970 $cane Measurements Officer E. Butawan ID#14817 Scene Measurements Officer R. Thomas ID#17413 Photographs Officer J. Miga ID#1064 Scene Documentation Offlcer B,Montgomery 10 016713 Scene Documentation Offlcer-J- Samuels ID#15478 scene Documentation Dlspatchar M.Emle ID#A13221 Communications "Nota: In addttfon to the above duties, CHP personnel conducted field Interviews, obtained statements and performed photal evidence documentation. Sergeant Costigan natiflad Contra Costa CMP Usutenant Smith through GGCC and advised of this fatal traffic collision on June 12, 2005 at approxlrnately 01545 hours. Pleasant Hilt Fire Department: Englns#E5 Pleasant Hill,CA. (925) 930-5531 Captain B..Gonzelez Incident Commander Engineer G. Caravantes Emergency Operations Firefighter D. Betz Emergency Operations Concord Fire Department: Enpine#Q6 Concord.CA_ (925) 935631 Captaln Liberman Incident Commander Engineer Clausen Emergency Operations Firefighter auris Emergency Operations Arnedcan Medical Response: Rig 013W Concord, CA, EMT Nicole Medical Treatment EMT Kim i Medical Treatment 1519154990 By I.D.NUMBER DAlt RM DATE J- SAMUEI.S 15478: 06/13/2005 12/09/2005 14 : 18 FAX 415 7715845 VEEN LAW OFFICES, ItOb2/Ub4 II✓04/2905 17:02 76"5,254255 BARNETT 1 FIRM PAGE 15/15 STATE OF CALIFORNIA. ) _.• NARRATIVE/SUPPLEMENTAL PAGE I,OF 1 ATE OP NC E NC R R LD. NU 13E 552_' 9320 1 �I•Ivc ., 1 54-1. contra costal county sheriff's ofrlce: Coroner's Bureau 1980 Muir R090 Martinez, CAA 94553 (925) 313.2650 Coroner C. Kay Coroner Investigator Coroner F— Glasser Coroner Invesfigator. AI19erican Tow: 5017 C. Fomi Drive Concord, CA. 9452.0 (925)662-6122 Operator J. Ehling Tow Operator Operator C. Ehling Tow Operator Cailfomia Department of Transportatlon—CALTRANS: Walnut Creek, CA. (925) 92"112 C. Johnson Plaid Supervisor AREA 8Y 0 MBE OATS . EFt-S NAME ATE- J. SAMUELS. 15478 . OEiJi3J205 12/09/2005 14 : 18 FAX 415 7715845 VEEN LAW OFFICES to oba/Vb4 1 PROOF OF SERVICE 2 I am employed in the City and.County of San Francisco, State of California. I am over 18 years of age and not a parry to this action. My business address is The Veen Firm,P.C., 711 Van Ness 3 Avenue, Suite 220, San Francisco, California 94102. 4 On the date below I served a I e copy of the following document(s): 5 Attachment to Government Claim and Government Claim Against the State of California (CALTRANS), Contra Costa County, and City of Concord 6 on the following parties to said action 7 Clerk, Board of Supervisors 8 County Administration Building 651 Pine Street, Room 106 9 Martinez, CA 94553 10 City Attorney's Office 11 1950 Parkside Dave Concord, CA 94519 12 California Victim Compensation and Government Claims Board 13 P.O. Box 3035 14 Sacramento, CA 95812-3035 15 by the following means: 16 0 (BY MAIL)By placing a true copy of the above, enclosed in a sealed envelope with 17 appropriate postage, for collection and mailing following our ordinary business practices. I am readily familiar With this business's practice for collecting and processing correspondence 18 for mailing. On the same day that the correspondence is placed for collection and mailing,it. is deposited in the oidinary course of business with the United States Postal Service, in a 18 sealed envelope wirk postage fully prepaid. 20 ❑ (BY OVERNIGHT DELIVERY)By placing a true copy of the above, enclosed in a sealed envelope"with delivery charges to be billed to The Veen Firm, P.C., for delivery by Federal 21 Express to the address(es)ss (es) shown below. A I (BY FACSIMILE 1'I'RANSMISSION) By transmitting a true copy of the above by 22 facsimile transmission from facsimile number (415) 771-5845 to the attorney(s) os party(ies) 23 shown below. ❑ (BY MESSENGER) By placing a true copy of the above in a sealed envelope and by giving 24 said envelope to anlemployee of Western Messenger Service for guaranteed, same-day delivery to the address(es) shown below. 25 ❑ (BY HAND DELIVERY)By personal delivery of a true copy of the above to the attorneys 26 or parties shown below 27 28 THE VEEN FIRM,P.C. n,vwn•au ww.,onca N.FiNNCi6C0.CAB1102 T•'"`"°*"^� - PROOF OF SERVICE 12/09/2005 14: 19 FAX 415 7l15kf45 VEEN LAW UFF1UtJ lgj Vb4/Vb4 1 2 F-1 (BY E-MAIL.or ELECTRONIC TRANSMISSION) Based on a court order or in agreement of the paides to accept service by e-mail or electronic transmission, I caused the 3 documents to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable period of time, after the transmission, any electronic message or other 4 indication that the transmission was unsuccessful. 5 I declare under penallty of perjury under the law of the State of California that the foregoing is true and correct. 6 DATED: December. 2005 �^- 7 Margo Banowicz 8 8 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 THE VEEN FIRM,P.C, n+wHK»!" auhm 8M FRINCIBCQ c�onw ��: o�° PROOF OF SERVICE I CYNTHIA MCGUINN, NUI . 099324 MILES B. COOPER, NO. 209085 2 ANTHONY L. LABEL,NO. 205920 THE VEEN FIRM,P.C. U tt 3 711 Van Ness Avenue, Suite 220 f�Pl�k$�NED San Francisco, CA 94102 It�tS�lin 4 Telephone: (415) 673-4800 Facsimile: (415) 771-5845 DEC 1 2 200b 5 ATTORNEYS FOR CLAIMANT CLERK BOARD OF LU,ERVIt' IS 6 WILPAT NEWMAN CONTRA COSIA Co. 7 8 9 Wilpat Newman, 10 ATTACHMENT TO GOVERNMENT Claimant, CLAIM AND GOVERNMENT CLAIM 11 AGAINST THE STATE OF V. CALIFORNIA(CALTRANS), CONTRA 12 COSTA COUNTY,AND CITY OF State of California Department of Transportation CONCORD 13 (Caltrans), Contra Costa County, and City of Concord, I Government Code § 910 et seq. 14 Respondent. 15 16 TO THE STATE OF CALIFORNIA (CALTRANS), CONTRA COSTA COUNTY,AND 17 CITY OF CONCORD: 18 Pursuant to Government code sections 910 and 911.2,WILPAT NEWMAN ("claimant") 19 hereby submits the following claims against the State of California (CALTRANS), Contra Costa 20 21 County, and City of Concord. CLAIMANT: Gov- Code 5 910(a) The name and post office address of the claimant. 22 The claimant is Wilpat Newman, 6 Lancaster Ave.,Baldwin,NY, 11510. 23 1 RESPONSE AND NOTICE ADDRESS: Gov. Code 5 910(b) The post office address to which 24 the person presenting the claim desires notices to be sent. 25 All official notices i and other correspondence should be sent to THE VEEN FIRM,P.C., 26 711 Van Ness Avenue, Suite 220, San Francisco, California, 94102, (415) 673-4800. 27 FACTS GIVING RISETO THIS CLAIM: Gov. Code 5 910(c) The date,place and other 28 -1- THE VEEN FIRM,P.C. 711%ANIESSAW,SIJI = ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF SAN FRANCISCO,CA941UCALIFORNIA (C.ALTRANS), CONTRA COSTA COUNTY,AND CITY OF CONCORD Tel UNCI CO,CA9 nww.veennim.com ' S 1 circumstances of the occurrence or transaction which gave rise to the claim asserted. 2 The occurrence took(place at approximately 5:52 a.m. on June 12,2005,northbound on I- 3 680, 627 Feet South of 680 CCC 18.71,in the City of Concord, County of Contra Costa, (hereinafter 4 the "ACCIDENT SITE") as more fully described in CHP Traffic Collision Report No. 6-154, 5 attached hereto as Exhibit 1. 6 The circumstances giLg rise to this claim are as follows: Claimant is the surviving father of 7 Jamika Newman ("decedent'O. At the above time and place, decedent was a passenger in a 2003 8 Saturn Sedan. Decedent was killed when the vehicle left the roadway at the gore point between I- 9 680 N/B and SR 242 N/B, collided with a tree and was engulfed in flames. 10 Claimant asserts that the State of California (CALTRANS), Contra Costa County, and City of 11 Concord negligently and carelessly designed,warned, failed to warn, constructed, created, 12 maintained,repaired, owned, operated, controlled, signed, striped,guarded and regulated the 13 aforementioned ACCIDENT SITE and the adjacent roadway thereby creating a dangerous 14 condition which caused and contributed to this accident. In addition to the negligent and careless 15 design and construction of the ACCIDENT SITE and the approach to the ACCIDENT SITE, 16 there was, among other things, a: 17 (a) failure to warn of, and/or prevent and/or correct a "dangerous condition" (a 18 condition of property that cl Bates a substantial [as distinguished from a minor, trivial, or 19 insignificant] risk of injury I hen such property or adjacent property is used with due care in a 26 manner in which it is reasonably foreseeable that it will be used) on, or immediately adjacent to, 21 public property; 22 (b) failure.to provide and/or construct and/or maintain an adequate and safe 23 barrier and/or median; 24 (c) failure to warn of the absence of an adequate and safe barrier and/or median; 25 (d) failure to provide, place and/or construct and/or maintain adequate lighting; 26 (e) failure to provide and/or construct and/or maintain an adequate shoulder 27 along the roadway; 28 (f) failure to provide and/or construct and/or maintain a safe roadway width _2- THE KEEN FIRM,P.C. ( ,)67g33 711VMN SsAE.. AC SUIE ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF SAN FRANQO CALIFORNIA(CALTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD . 0 Tel wlw.weniirmcom 1 and/or roadway surface; 2 (g) failure to provide and/or construct and/or maintain an adequate number of 3 lanes for vehicle travel in light of the volume of traffic traversing the roadway; 4 (h) , failure to post a sufficient number of signs and/or signals at the time of the 5 injury to warn advancing motorists of the dangerous propensities of the roadway; 6 (i) failure in permitting the legal speed limit at the location of the accident to be 7 greater than the speed at whilch vehicles could be safely driven. Claimant is informed and believes 8 that based on'the configuration of the roadway or other existing physical conditions, speed signs 9 should have indicated that area should be driven at less than the legal speed limit; 10 (j) failurl to provide and/or construct and/or maintain adequate striping, 11 roadway markings, channe dation,and devices such as bot dots or other noise attenuation devices 12 sufficient to guide and warn drivers away from the gore point;and 13 (k) fail le to adequately warn of the dangerous and unsafe conditions described 14 above contributedto this accident by failure to provide notice to motorists using the roadway of the 15 dangers that he ahead which would have allowed motorists to anticipate and better respond to such 16 dangers. 17 These hazards, stated above,were not reasonable,violated design standards and created a 18 dangerous condition of public property. If the roadway was designed with the aforesaid defects 19 mentioned above, such designs were not reasonable and the designs could not have reasonably been 20 approved. If in fact the design was reasonably approved, conditions changed substantially since time 21 of the design in that traffic volume and commute speeds have increased tremendously, creating an 22 extremely dangerous condition in a roadway span which is not properly and adequately signed and 23 which lacks necessary safety devices to warn motorists of the danger in the road. 24 Further, claimant is informed and believes that employees of the State of California 25 (CALTRANS), Contra Costa County,and the City of Concord created and knew or should have 26 known of these hazardous, dangerous and defective conditions, and failed to take the necessary and 27 appropriate steps to warn, control,reduce and eliminate the hazards which conduct would have and 28 could have reduced or eliminated the injuries sustained by claimant. -3- THE VEEN FIRM,P.C. 711 VAN tE55 ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF AVE.,SUTEZA S�Te�4115)63400041 CALIFORNIA(CALTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD w.w�.veeniiRn.can 1 INJURIES: Gov. Code J 910(d)Age neral description of the indebtedness, obligation, injury, damage or 2 loss incurred so far as it may be k I own at the time of pre rehiation of the claim. 3 Wrongful death economic and non-economic damages,including but not limited to damages 4 for loss of financial support, gifts,benefits, funeral and burial expenses,household services, love, 5 companionship, comfort, cart,assistance,protection,affection, society, moral support, training and 6 guidance. 7 PUBLIC ENTITY EMPLOYEE RESPONSIBLE: Gov. Code 5 910(e) The name or names 8 of the public employee or employee I causing the injury, damage, or loss, if known. 9 Claimant is currently unaware of the name or names of the public employee or employees 10 causing injury, damage, or loss. Claimant reserves the right to amend this claim when such 11 information becomes known to him. 12 AMOUNT CLAIMED: Gov. Code 5 9100. . . . If the amount claimed exceeds ten thousand dollars 13 ($10,000), no dollar amount shill be included in the claim, However, it shall indicate whether the claim would be a 14 limited civil case. 15 Claimant is currently,unaware of the amount of economic and non-economic damages,but 16 given ,he nature of his loss,the amount claimed as damages is estimated to exceed the jurisdictional 17 limits of a limited civil case. Therefore, jurisdiction will rest in Superior Court,Unlimited 18 jurisdiction. 19 20 DATED: December 1 ,2005 THE VEEN FIRM,P.C. 21 22 By: 23 Cynthia M uinn Attorneys for Claimant 24 Wilpat Newman 25 26 139761 l.doc 27 28 i THE VEEN FIRM,P.C. ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF SA VAN NESS CO SUIS1U SAN el(415)67 CA @41U CALIFORNIA(CALTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD Tel(015)B'/3JB00 w+rv.veerrtlrm.cwn XHOT, .� I 1/04'/2005 17:02 70V,154255 BARNETT FIRM PAGE 02/15 14 STA,cEOF.CnurORNIA TRAT't 66 LUSION REPO�C1_... aur_ s o� CHP 555 CARS Page 1 (Rev 1.03)OPI 061 P 9C � PECIALCON TIONS NMAWI MTAgVN CITY.I JUDICIAL DISTRICT LOCAL REPORT NUMBER p FATAL 1 RLaNT CONCORD MT.DIABLO MAANnM® YWA ft�LA00460 IR COU REPORTING DISTRICT RPAT7 3 CONTRA COSTA 683 al�A COLLISION OCCURRED ON: MD DAY YPAS TKAE(110M NCJC9 OFFICER I.D. Z I.680 NS 61t24005 0.552 9320 014162 aMK,EPOBT INPQnKNTIOM OAY OR WEAK TOW AWAY PMOTOORAPHS BY: ❑NONE U 621 FEET SOVTH OF 680 CCC 18.71 SUNDAY x YEs NO OFC.THOMAS AT INrMRSECnDN WITH: STATS HWY REL OFC,BONA-LA x oR 627 FEET SOUTH OF CONCORD CTI Y LTMITS x YCa NO PARTY CRrvFRS LICENSE NUMBER STATE MASS AP SAG BAPBTT SDUIP. VEN.YEAR MAKE IMODELV COLOR UOSNSS NUMIALR STAIR I DI L92307. CA C B O 2003 SATURN SEDAN SLV 513VCr794 CA DRIVER MWEIFIRST,MIDDLE,IJIST) ' TASNIKA CRYSTAL CATO OWNER'S NAME �SAMEASDRNR E �,IM- STRFETAODRESS JUNB A SCHCOTFEIrLFC 675 NEWBURY LANS 0 344 OWNERS ADDRESS SAME ASDRIVCR PAIT0110 CITY TSTATEIZIPI 37.4646DITIIWAY N VIONCITY CA 94387 EHICLC HAYWAR D CA 94544 CMPO$RTON OF VEHICLE ON ORDERS OT: �I OFFICER ORNpR OTHER BICY- SO)C HAW ET9S wr HFICMF WEIGHT I DRRMDATE aACQ AMERICAN TOW-(925);82-8722ow U El �F F $LI( BRN 5-04 750 2/23/1983 Ynv B PRIOR MECH.OVIICTS EEO REFGR TO NARRATIVE OTHER HOME PHONE OV41NQ35 PHONQ VEHICLE IDENTIFICATIONNUMOQR: FlNONE NONE V(!NIC14 rVPE OSSCRIBB YEiSCLE DAMAGE SHAOE IN DAMAGED AREA INSURANCE CARRIER POLICYNUMOOR LINK NONE MINOR TRANSPORTED I 07 sum X NAJDR ROLL-OVEn DIR OF TTIAVEL ON STRILQT OR r*"AY SPEED LIMB N I-680 - - 65 CA. DOT ="jAWT' TCP/P$O MCRA( PARTY DRIVERS LICENSE NVLIBER STATE CLASS AIR ZIAG SAFETY EQUIP,- VERA YEAR MAKE/MOO$L/COLOR LICENSE NUMBER r"2 DRNPR NAME(FIRET,MIDOLE,LASTI I OWNERS NAME SANE A$ORI1/6R PEDES• RTR.WAODRQSS TRIAN OWNER'S ADDRESS El SAME.AS DRIVER PARICEO CITY I STATE I LP VEHICLE gSPODITION OF VEHICLE-ON ORDERS OF: ❑OPPIWR OORNER OTHQR BICY• YE SE% HAIR ES WIGHT WELCHT BIRTHDATII RAC! IJ RI3T HP D+y Yon PRIOR MECHANMAL cord"e NONE APP. REFER TO NARRATNE OTHER NOME PHONE BUBINES$PHONQ VENICLE KT WIFK`U1110N NUMBER: VEHICLE TYPE OESCPJBE VBHICLQOAMAOE SHADE IN DAMAGED AREA INSURANCC CARRIER POLICY NVMOER DVNK OwnMINOR MOD OR p ROLL.OVIAR OIR OF TRAVEL ON STREET OR HIGHWAY SPEED LIMIT CA DOT CAL•T TupsC MC/MK 3 IIM&KEUMMELICOLOR- -6 SBNUMBSR STATE PARTY DRIVFRE LICENSE Nl1MBEq STATS CIASQ. ABT BAC SAFET/EDUIP, VEN.VOA17 ORIVBR NAMEIFINST,MIOOLE,LAST) ^/ OWNERS RAMI. Li BAMS A8 CRNQR VK STRfleT 4DGRF86 - AN CWNERS ADDRESS ❑SAME AS ORIVSR PARKED CITYTSTATEJZP DISPOSITION OF VEHICLE ON ORDERR OF: OFFICER DRIYHR [2TNER w BICY. SCX HAIR EYES NEIQHT WEIGHT BIR T ICATE RACE M9 CCn/ YtW PPtoPMF,CHANCIALDCYC4.T5 NONE APP. EFERTONARRATNQ OTHER HOME PP"9 BUSINESS PHONE VEHICLE.IDENTIFICATION Nt,1VOER: VEHICLE TYPE OESCRIDQ VEHICLE OANAGQ SHADE W DAMAGED AREA INSURANCE CAIMICIR POUCTINLAISER UNK ❑NONE 11 MINOR IR MOD �",o, ROLI,OV5R OIR OF TRAVEL, ONSTREETOR HIGHWAY SPEED OMIT CA OOT CAUT TCPVPSC MOM PREPARER'E NAME OISPARCH NDTIFIBO PEWEWER'S NAME DATE RPVIEWBD P,MURPHY 014162 x 1YER NO NVA 11/04/2N005 17:02 707^,254255 BARNETT LI` FIRM PAGE 03/15 3 � STATE.OF CAL11T(,ANIA y TRAFF'I'C COLLISION CODING L';HP 55i I.:ARS PBgD2(Rev, 1-03)OPI 081 Page Z ur 14 4AK ON WLL161DN(NO.BAY YEAR) [0552 IME(71 NCIC tl OPFl00R 1.0. HUMBER 6/122005 9320 01a1G7, �` OIYRER OW NER AOBRF:S NOTIFIED PROPERTY []YES ©NO DAMAGE OEWRIPTIONOPQAMAOE SEATING POSITION SAFETY EQUIPMENT INATTENTION CODES OCCUPANTS I,-AIR SAG DEPLOYED MIC BKCYCLE-HELMET ® M.AIR SAG N07 DEPLOYED DRIVER PASSENGER A-DELL PHONE HANDHELD A.NONE IN VEHICLE S.CELL PHONE HANOSFREE N-OTHER V•NO X•NO S•UNKNOWN W YES Y-YES C-ELECTRONIC EQUIPMENT C-LAP 86L7 USED P-NOT RFG1nR€o 0-RADIO)CO d 3 1-DRIVER 0-LAP BELT NOT USE. E•SMOKING 2 TO 6-PASSENGERS E-SHOULDER HARNESS USED CHILD RESTRAINT EJECYED FROM VEHICLE F-EATING 4 5 6 7-STA WON REAR F-SHOULDER HARNESS N'OT USED Q-IN VEHICLE USED 0•CHILDREN 1)-RR OCC TRK OR VAN G-IAPISHOUL.OER HARNESS USED R•IN VEHICLE NOT USED 0-NOT EJECTED 'µ.ANIMALS 9-POSITION UNKNOWN H-LAPISHOULDER HARNESS NOT USED S-IN VEHICLE USE UNKNOWN 1-FULLY EJECTED 1. PERSONNEL HYGICNE J-PASSIVE RESTRAINT USED 2.PARTIALLY EJECTED T 0.O7HER T-N VENIN E VEHICLE ER USE g,UNKNOWN J- READING K•PASSIVE RESTRAINT NOT USED U-NONE BJ VEHICLE K-OTHER ITEMS MARKED BELOW FOLLOWED BY ANIASTERISK I-)SHOULD ME EXPLAINED IN THE NARRATIVE. PRIMARY COLUSION PAC I ORMOVEMENT PRECEDING U"NUMBER W OF PARTY AT FAULT TRAFFIC CONTROL DEVICES 1 Z I, 2 3 SPECIAL INFORMATION COLLISION I VC SECTION VIOLATED: CITSD ES A CONTROLS FUNCTIONING A W.ARDOUB MATERIAI, A STOPPED A 221(7 0 B CONTROLS NOT FUN( ANO' 8 CFLLE DHELD IN USE B PROCEEDING STRIUG14T 8 0 HER IMPROPER DRIVIN IC CONTROLS OBSCURED C CELL PHONE A SFREE IN USE C RAN OFF ROAD D NO CONTROLS PRESENT/FACTOR* D CELL PHONE IN USE O MAKING RIGHT TURN C OTHER THAN DRIVER- TYPE OF COLLISION E SCHOOL BUS RELATED E MAKING LEFT TURN D UNKNOWN' A HEAD•ON F 75 FT MOTO TR C ®0 F MAJING U TURN D SIDE SWIPE I G 32 FT TRAILER COMBO 10 BACKING C REAR&0 H H SLOWING I STOPPING WEATHER (MARK 1 TO 2ITEMS) .D BROADSIDE I I PASSINGOTHER VEHICLE X ACLEAR X E HIT OBJECT J J CHANGING LANE,^u D CLOUDY F OVERTURNED I K K PARKING MANEUVER C RAINING _ G VEHICLE/PEDESTRIAN I, L ENTERING TRAPPIC D SNOWING H OTHER-: M M OTHER LINSAFE TURNING E POG VISIDILRY FT, - N N XING INTO OPPOSING LANE F 0 MOTOR VEHICLE INVOLVED WITH 0 O PARKED 0%%IND A NOR-COLLISION P P MERGING LIGHTING _ S PEOESTRWN Q . O TRAVELING}WRONG WAY X A DAYLIGHT IC OTHER MOTOR VEHICLE OTHERASSOCIATED FACTORS R OTHER' B DUSK-DAWND MOTOR VEHICLE ON OTHER ROADWAY I -� 3 (MARK 1 TO 2ITEMS) C DARK•STREET LIGHT _ E PARKED MOTOR VEHI.L A Y6etEnoNY01Alla'. preBYDA 0 DARK•NO STREET LIGHTS F TRAIN ONO 8 DARK-STREETLIGHTS NOT 6 BICYCLE I g "0 vIalAlcm a% tis FUNCTIONING- H ANIMAL; Elmo SOBRIETY-DRUG ROADWAY SURFACE weccrotivplAfta encu PHYSICAL X A DRY I FIXED OOJECT; C ONO z z s (MARK 11TJ 2 RENS) B WET I 0 LLLJJJ A HAD NOT BEEN DRINKING AuffiffAasupw C SNOWY-ICY X J O ROOJECT; E VISIONOBSCUREMENT. la HOD-UNDER INFLUENCE 0 SLIPPERY(MOODY,OILY,ETC.) RBOWO00 TREE I F INATTENRON^, C HOD.NOT UNDER INFLUENCE- ROAOWAYCONOrRON(S) 4 0STOP&GO TRAFFIC D HBO-IMPAIRMENT UNKNOWN* (MARK 1 TO 2 ITU-MO) _ PEOEWTRIAWS ACTIONS H ENTERING/LEAVING RAMP E UNDER DRUG INFLUENCE- A HOLES,DEEP RUT- X I A NO PEDESTRIANS INVOLVED I PREVIOUS COLLISION F IMPAIRMENT-PHYSICAV B LOOSE MATERIAL ON ROADWAY' B CROSSING IN CROSSWALK J UNFAMILIAR WITH ROAD X 0 IMPAIRMENT NOT KNOWN C uasnuCTION ON ROAD WA AT INTERSECTION I K OEFECTNE VEH.EQUIP: CITED H NOT APPLICABLE D CONSTRUCTION.REPAIR . Ne C CROSSING IN CROSSWALK.NOT ORO 1 SLEEPY IFATIGUED S REDUCED ROADWAY WIDTH ATINTERSECTIDN N0 F FLOODED- 0 CROSSING;NOT IN CROSSWALK 11, UNINVOLVED VEHICLE D OT ER•; 6 IN ROAD-INCLUDES SH01.11.08R _ MOTHER, X H UNUSUALCONDMONS P NOT IN ROAD X I I N NONEAPPARENT O APPROACHING f LEAVING SCHOOL BUS 10 RUNAWAY VEHICLE _ SKEYCH FOk SKETCH DIAGRAM,SEE PAGE 4 0 =pm us DOT AF INBroATB NORTH CR CRNR J_19C CHP LjAI PD/So 11/04/2005 17: 02 707"-254255 BARNETT Lr '"%jFIRM PAGE 04/15 STATE OP,CAI,IFORNjIA ..' INJURED I WITNESSES I PASSENki—... — Pepe 3 of 14 G'HP 555 CAR Page 3 R v 1-03 OPI 061 GATE OF COLLISION(MO, DAY YEAR) TIMER4001 NC16 0 I OFFICER IA - NUMBER 6117./2005 0552 9320 014162 ( �y i W1INE38 PAGSENOER nae sEx EXTENT OF INJURY('X'ONE) INJURED WAS ('X'ONE) PARn SEAT AIR sAFex aJeaTPp ONLY MYNUMBER Pas. RAG ECRAP. PAm SEVgRE DTWER VISlay. CONPUNf DRIVER P445. >9F,0BICYCLIST 0 i NJURY INJURY INJURY OF PAN' ❑# ❑ xz F ❑X ❑ ® ❑ 1�1 ❑ ❑ ®. ❑ t 1 B G o NAME I D.O.B./ADDRESS I T&CPHONE TASNIKA CRYSTAL,CATO (D2/23/1983) 675 NBTNEIURY LAN13 0 344 HAY`NARD CA 94544 NONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO; CORNORS OrrICERS CORNOMS OFFICE DESCRIBE INJURIES; BLUNT FORCE TRAUMA 11--�� VICTIM OF VIOLENT CRIME NOTIFIED ❑u Ll 21 F Q Cl Ell [IL4J ❑ a ❑ 1 3 9 G 0 Li NAME 10,0,5./ADDRESS - TELEPHONE MIKELLE SRIEANNA MMLS 07/31/1989 806 8FNICIA RD VALLEIO CA 9x591 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: O.RNORS OFFICERS I CORNOR'S OFFICE 0129CRIDE INJURIES: BLUNT FORCE TRAIJMA rr��I VICTIM OF VIOLENT CRIME NOTIFIED 00 El 21 F 0 ❑ ❑ ❑ ElI^J ❑ ❑ 1 ❑ 1 6 P G lo -- NAME/D.O.S./ADDRESS TFLEP14ONG JAMIKA LATASHKA NFWMAN 05/04/1984 Id DEL PARDO CIR PAIRBIF,LD 97533 (INJURED ONLY)TRANSPORTED BY: TAKEN T0: CONOR'S OFFICERS CORNOWS,OFFICE DESCRIBE INJURIES! _ •. BLUNT FORCE TRAUMA VICTIM OF VIOLENT CRIME NOTIFIED ®� ❑ 25 F ❑ ❑ ❑I 0 ❑ ❑ ❑ ❑ 1 4 p 0 0 NAME/DA.S.1 ADDRESS I TELFPHONP CAMILLE DRAYTON (11109/19791209 ALASKA AVE tt12 FAIRFIELD CA 94533 ONJUREO ONLY)TRANSPORTED BY: TAKEN TO: AMR AMBULANCE MT.DIABLO DESCRIBE INJURIES: COM,I'LAAIT OF FAIN TO CHEST,NBGK ETC f(�'"'11 VICTIM OF VIOLENT CRIME NOTIFIF,D ❑x 1 ❑ z0 M ❑ ❑ ❑ I IJ 4a_J ❑ ❑ I�.J ❑ NAME I O.O.D./AODRESS I TELEPHONE ROBERT MICHAEL HIRSCH1 06/27119S4 1901 BUENA THPRIA ST BENICIA CA 94510 707 208-4512 (INJURED ONLY)TRANSPORTED BY: TAKrN TO; 094CRISE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED O2 ❑ 40 M ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ LI NAME 10.0.8,/ADDRESS TELEPHONE RICK DII.LON 08/19/1964 1926 CONTRA COSTA BLVp,0209 PK.EASANT H74L CA 94523 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENTCRIME NOTIFIED PREPARERS NAME I.D.NUMBER MO. DAY YEAR REVIEWER'S NAME MO. DAY YEAR P.MURPHY 014162 6112l2Da5 11/04/2005 17:02 707454255 BARNETT L` _`fIRM PAGE 05/25 t tie1 UAL.IIACiP M i �, I 14 _ e _ 0A7CFCpW4V4FM(MO. CAY Mtn TIME Cum NC�i OfFW.M lA. ..,+ NYNQQft k 15 ` \:4% IZALL MEASUREMENTS ARE APPROWATQ ANO NOT TO SCALE UNLESS STATER(SCALE= 1 Ls /Z It Fz rNotcArF OtORTH r 74P}z --s3v iris r1 t.,:, Fl pA6OARgAY Y,q NYMY'EA I M0. 0wY +L'-A OEYRY+4VANnMC M2. PAY � ` ! 12. ._ .. - - . " OSP o3 isSn 11/64/2005 17:02 70 7,,V- BARNETT L �'%FIRM PAGE 06/15 STATE OP CALIFORNIA FaCT %L DIAGRAM � � I`� CHP 5 QgLj$ape . 1.03) opt 061 P=gA__ OATF,OF COLLISION(MD, DAY YDnR) TIME(3•00l NGC k OpFICER I.D. NUMSER o S S 3'Z� l uT i c_ fo S4 ALL MEASURP-MENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE oM 11 i_ 2. P3 r �C �z' +01 INDICATE NORTH � J 1 o J. Ucl l! 9 3 � V o ID v a$ N to P�Rj�O DY I.D.MJMOEn I Mo. DAY YFwR RSVIfiWfiR$NAME . M0. OnY YEAR OSP -03765711 11/04'/2005 17:02 707^ 54255 BARNETT IRM PAGE 67/15 STATE OP CALIFORNIA NARRATUZ UP_P_ItE=TAL wace,onF DATE,OF INCIDENT /TME NCIC NUMBER OFFICER LD. NUMBER 06/12/2005 0552 9320 k 1A kpL I LEGEND . 2 3 4 STATION LINE 0+00 5 6 A station line was established on the center median of northbound SR-242 just south of the 7 posted Concord City Limit traffic sign and increases as you proceed south. The Concord City 8 Limit sign. is posted on the sound wall bordering the east side of northbound SR-242,, 9 10 0+00 = 605 feet south of the posted Concord City Limits sign and 5 feet west of the west 11 roadway edge of northbound SR-242. 12 13 ITEM AND DESCRIPTION 14 15 1. Beginning of gore point (NB I-680 /NB SR-242 split) 16 Located 0+781 feet and 0 feet right. 17 18 2. Posted "Eadt 50" sign located in the reverse gore point. 19 Located 0+378 feet and 10.5 feet richt. 20 21 3. Fixed light pole#18672. 22 Located 0+225 feet and 30 feet right, 23 24 4. Bush with broken branch from the subj ect vehicle, 25 Located 0+107 feet and 15 feet right! 26 27 5. Silver colored piece of car panel. 28 Located 0+91 feet and 19 feet Tight. 29 30 6, Broken piece of passenger side mirror, 31 Located 0+87 feet and 20 feet right. 32 33 7. Silver colored piece of car panel. 34 Located 0+84 feet and 20 feet right, 35 36 S.Conerete drain covert 37 Located 0+74 feet and 55 feet right. 38 39 9. Silver colored piece of car panel 40 Located 0-1-62 feet and 25 feet right, PREPARER'S NAME CD.NT rsEIL DATE REVIEWER'S NAME DATE Garay, T. 16636 06/12/2005 11/04/2005 17:62 70754255 BARNETT L," FIRM PAGE 08/15 STATE OF CdLIFORNIA LNARRATIVFJSUPPI MEUTA-f- _ pC,E- F -- - DATE OF INCIDENT TME Ncrc NtmbER OFFICER 1.D. NUMBER 06/12/2005 0552 9320 1LA 1 XIEGEND CON'17 MED 3 '10, Redwood tree . 4 Located 0+22 feet and 45 feet right. 5 6 •11. 2'x 1'piece of silver colored car panel. 7 Located 0+20 and 52 feet right , 9 12. Saturn point of rest(on passenger side facing an easterly direction) 10 Right rear tire: 11 Located 0+14 feet and 36 right, 12 13 13. Right front'tire: 14 Located 0+14 feet and 28 feet right. ROADWAY MARKINGS A = T CONCRETE CENTER MEDIAN WALL B = PAINTED SOLID YELLOW LINE C =,ASPHALt MEDIAN D = PAINTED SOLID WHITE LINE E =ASPHALT SHOULDER; F = bONCRETE AND BRICK SOUND WALL G BOTT S DOTS. ..,. H7 6'*CHAIN LINK FENCE (CYCLONE FENCE) PREFWR'S NAME LD.NCWBM3 DATE REVLfrWEK'S NAME DAT, Garay;T. 16636 06/12/2005 H/04/2005 17:02 7074,,�4255 BARNETT I-C-1 IRM PAGE 09/15 STATE OX CALIFORNIA ` NARRATIVEISUPPLEJMENTAL_ GE DATE OF INCIDENT TIME NCICNCIC NUMBER OFFICER I.D. jj NU BER 06/12/2005 0552 9320 014162 b S 1 FACTS: 2 3 NOTIFICATION: I was.dispatched to an accident with no details at 0556 hours, Officer Johnson 4 #13849 and Arroyo#14392 responded at 0608 hours arriving on scene at 0613 hours. Upon 5 Officer Johnson's arrival he advised that the car was fully engulfed with the possibility of three 6 fatalities . I responded at 0619 hours arriving on scene at 0622 hours. All times, speeds and 7 measurements are approximate. Measurements taken by rollometer, pacing and estimations. 8 9 SCENE: At the scene of the accident 1-680 N/8 is a full access freeway consisting of six lanes, 10 the freeway splits into two separate freeways, with three lanes going to a left hand curve 11 remaining 1-680 N/13, and three lanes going straight becoming SR 242 N/B. In between these 12 areas is an area called a gore point that is paved then goes Into a dirt landscape area with bushes 13 and trees. (see diagram). 14 15 PARTIES: 16 17 PARTY#1 (CATO). P-1 was not contacted due to having fatal injuries at the scene. P-1 was 1S placed as the driver by passenger Drayton, P-1 had a valid license an was placed as a party by: 19 statements of passenger Drayton 20 position in vehicle 21 22 VEHICLE #1 (SATURN): V-1 was located on the right side facing a north east direction in the 23 landscaped area of the gore point area of 1-680 and SR 242_ The vehicle had major damage 24 including but not limited to: front bumper, grill, hood, right and left sides, in addition to being burnt. 25 26 27 28 29 PREPARED dy LD,NUMBER DATH REVIEWER'S NTME DA R MURPHY 014162 06/12/2005 12/04/2005 17:02 70�7s?54255 BARNETT L - FIRM PAGE 10/15 E S'T'ATE OF CALIFORNIA NARRATIVE/SUPPI.EMENTAI OF 14 DATE OF INCIDENT 1 i NCIC NUMBER OFFICER I.D. NUMBER 06/12/2005 0552 9320 014162 1 S4 1 24 HOUR PROFILES ON CATO, MILLS, AND NEWMAN): I 2 (Provided by Camille Drayton DOB 11/09/79) 3 Camille said that she.had got up around 6:00 AM on Saturday (6111105)went to work at 7:00 AM 4 and worked to 9:30 AM, Camille Jaid when she got home her younger sister Jamika (Newman)„ 5 came over around 10:15 AM. Camille said they then drove to Oakland to see Bree (Mills) 6 graduate from Silicon Valley College. Camille said that her sister Jamika and Bree were best 7 friends. Camille said when they were at graduation they met with Tas (Cato), Camille said that 8 Tas and Bree were friends. Camille said that graduation was over at around noon and that Tas, 9 Bree drove up to Bree's,and that i er and her sister Jamika drove her car up to Bree's. Camille 10 said that the four of them then humg out at Bree's for several hours, having a drink of Hennessey 11 and Banana Juice. Camille said they all four got into Tas' car and drove to Tas' house In 12 Richmond. Camille said they went to Hilltop Mall, did some shopping then went back to Tas. 13 Camille said they then left around 10:30 PM and drove to a motorcycle show in Stockton, with 14 Bree driving Tas' car. Camille said that they only had one drink at the motorcycle show because 15 the ice machine at the bar was broken. Camille said that before they left Stockton they went to a 16 Denny's in Stockton and had food) Camille said that just before they left at 5:12 a.m. Jamika 17 called her fiance to let him know they were on the way home. Camille said that none of them had 18 any sleep. 19 • 20 (PROVIDED BY MOTHER OF CATO, JUNE SCHLOTFELDT DOB 06124/56) 21 June said that her daughter lived on her own in Richmond, CA and that she would let her borrow 22 her car from time to time. June said that she last talked to her daughter on Saturday evening 23 around 10:30 PM. 24 25 (PROVIDED BY MOTHER OF MILLS, PATRICIA RANDOLPH) 26 Patricia said that Bree had spent the night at her house on Friday night and that they had stayed 27 up quite late talking about graduatIion on Saturday. Patricia said that she woke Bree around 7:00 28 a.m. on Saturday to got ready for graduation. Patricia said that they ail went to graduation where 29 Bree met with her friends. Patricia said after graduation they ended back at her house. Patricia PREPARED BY I.D.NUMBER DATE REVIEWER' AME DATE P. MURPHY 014162 06/12/2005 " - 11/04/2005 17:02 7@7-;05425_6 BARNETT L(4"_5IRM PAGE, 11/35 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 100k 14 DATE OF INCIDENT TIME NCIC NUMBER OFF=ICER W. NUMBER 06/12/2005 0552 9320 014162 (.0 t S`+ 1 said they hung around the house the rest of the day, went to 13ree's favorite restaurant, went by 2 and got the cake at Safeway so Bree could see it. Patricia said that the four girls then left to go to 3 Tas' house at around 7:00 p.m. 4 5 PASSENGER (DRAYTON): Drayton was contacted in the rear of the ambulance and at the 6 hospital. Drayton was able to provide information on P-1, and the other two passengers in the 7 vehicle, 8 9 PHYSICAL EVIDENCE: Debris, damage to tree, vehicle location. 10 11 STATEMENTS: 12 13 PASSENGER (DRAYTOM: Drayton said that she was the left rear passenger and,that she had 14 been asleep when the accident occurred, Drayton said that just prior to the accident she heard a 15 scream, that she then could feel the car hitting the bushes and that they then went airbome hitting 16 the tree. Drayton said the car then ended up on its side and that she crawled out the door. 17 Drayton said when she crawled out the engine area was already on fire. Drayton said she crawled 18 back in trying to get her sister, but(couldn't. Drayton said she crawled out and was helped away 19 as the car exploded, 20 21 WITNESS #1 (HiRSCH): Statement taken by Officer Johnson #13849- 22 W-1 said that he was on N/8 t-6801 at Monument Blvd. in lane 91 going 75 mph when a dark 23 green or blue car passed him on his right side going 80-85 mph. W-1 said that he was about 200 24 yards back when he saw that car bounce off the right side wail of SR 242 then back across to the 25 center wall at which point W-1 believes the car went over the wall landing below. W-1 said he 26 stopped and went down and saw i person crawling out. W-1 said he went around the back side to 27 see if there was anyone else in the car, W-1 said the door was open at the top of the vehicle and 28 that there was a loud explosion. W-1 said that as he was dragging the survivor away she kept on 29 yelling my baby, beating on me and trying to get back to the car_ W-1 said by that time it was 60% PRE Ep' I4).N M6ER DATE REV ER'S NAME ATE P, MURPHY 014162 06/12/2005 11/04/2605 17:02 767,--"�?54255 BARNETT L yFIRM PAGE 12/15 STATE OF CALIFORN A _ N. ARRA ,Ll/E/SUPPLEMENTAL PAGE IIOf 14 DATE OF INCIDENT TIME NCIC NUMBER 01 F GSR j.D. NUMBER 06112/2005 0552 9320 014162 t S 1 engulfed. W-1 said he asked if there were other people in the car and the survivor said her sister, 2 my baby and someone else. W-1 said he did not hear any screams coming from the vehicle and 3 within a matter of seconds It was fully engulfed. W-1 later r alized that i wadat car that 4 he saw bounce off the wall an5l neve saw-thls car until. h _ __Lk ,sto_pned..and_saw it on fire. 5 6 WITNESS #2 (DILLON).* Statement taken by Officer Samuels #15478 7 W-2 said that when he showed up he called 911 at 0608 hours to advises of the accident and 8 that the car was full engulfed. W-2 said he saw two white men standing on the concrete walkway ar and that When the aImbulance showed up he looked back down and they were 10 gone. W-2 said it looked like a father and son. 11 12 ADDITION FACTUAL INFORMATION: The on and offramps, along with the general area was 13 checked from the scene of the accident north on SR 242 to the Willow Pass offramp from SR 4 14 E/B looking for the car with fresh accident damage similar to what W-1 had described, with 15 negative results, The area was cheIcked where W-1 indicated he saw a car hit the wall, and 16 though there were scrape marks there was no glass or other debris in the area and the marks on 17 the wall were enough that generally there would have been debris left behind. In addition the 18 scrape marks were not silver the color of V-1. 19 �- 20 Coroner's Case #'s 21 Tasnike Crystal Cato 05-1292 22 Jamika L.atashia Newman 05-1293 23 Mikelle Brieanna Mills 05-1294 24 25 OPINIONS AND CONCLUSIONS: 26 27 SUMMARY: P-1 (Cato)was driving V-1 on 1-680 south of SR 242 in an unknown lane at an 28 unknown speed. P-1 (Cato) for unknown reason(s) made an unsafe turning movement to the right 29 causing V-1 to exit the roadway. After leaving the roadway V-1 traveled through the landscaped PREPAREV BY J.D.NUV9 DATE RE WER'S NAME DATE P. MURPHY 014162 06/12/2005 ..1i/04/�005 17:02 707-N54255 BARNETT L'-;FIRM PAGE 13/15 STATE OF CA.LIFORNXA NARRATIVEISUPPL,EMENTAL RAGE 12Q 14 DATE OF INCIDENT TIME NCi�NOMBER OrFICER I.D. NUMBER 06/12/2005 0552 9320 014162 l S 4 1 area where V-1 struck a tree. The collision with the tree caused V-1 to erupt into flames. 2 Passenger Drayton was abl® to escape V-1 the other three occupants were not. There is no eye 3 witness or physical evidence that Indicates V-1 left the roadway as a result of being cut off by 4 another vehicle or mechanical failure. 5 6 7 POINT OF IMPACT (POI): POI determined by physical evidence. 8 9 POI #1 between V-1 and tree was 627' south of the Concord City Limits and 45' west of west 10 roadway edge of SR 242 N/S. 11 12 CAUSE: The primary cause of this collision is P-1 making an unsafe turning movement in 13 violation of 22107 V.C. 14 15 RECOMMENDATIONS: None. PREPARED BY W.NUMBER DATE REVIEWER ME DATE P. MURPHY 0141621 06/12/2005 11/0412005 17:02 707°x'954255 BARNETT L' Y3FIRM PAGE 14/15 'STA'Tl OF CALIFORNIA, -.. NARRATIVEISUPPLEMENTAL PAGE k5OF ' Y Q TE OF I CIDEN TME NCIC NUMBER OFFICEWFO, NUMBER (551SZ 9320 PERSONNEL.AT THE SCENE: The following personnel and allied agencies responded to this traffic collision scene or were assigned other duties as indicated: California Highway Patrol: Contra Costa Area Office 5001 Blum Road Martinez, CA. 94553 (925)646-4980 Sergeant C. Costigan iD 013042 Incident Commander Officer P. Murphy ID#14152 Primary Investigator Officer D.Johnson ID 013849 Assistant Investigator Officer R. Arroyo ID 914392 Factual Diagram Offlcer T_Garay ID#16636 Factual Diagram Officer M. Mendenhall 10016970 Scene Measurements Officer E. Butawan ID#14817 Scene Measurements Officer R.Thomas ID#17413 Photographs Officer J. Miga ID#16964 Scene Documentation Officer B. Montgomery ID#16713 Scene Documentation Officer J. Samuels ID#15478 scene Documentation Dispatcher M.Ernie ID#A13221 Communications "Note: In addition to the above duties, CHP personnel coriiducted field interviews, obtained statements and performed physical evidence documentation. Sergeant Costigan notified Contra Costa CHP Lieutenant smith through GGCC and advised of this fatal traffic collision on June 12, 2005 at approximately 0645 hours. Pleasant Hill Fire Department: Engine#E5 Pleasant Hill, CA. (925)930-5531 Captain B. Gonzalez Incident Commander Engineer G.Caravantes Emergency Operations Firefighter D. Satz Emergency Operations Concord Fire Department: Engine#D,e Concord,CA. (925) 930-5531 Captain Liberman Incident Commander Engineer Clausen Emergency Operations Firefighter Burris Emergency Operations American Medical Response: Rig#882 Concord, CA, EMT Nicole Medical Treatment 'EMT Kim Medical Treatment PREPARED OT LD.NUMBFX LIATE, DATE J. SAMUELS',. 15478: 1 , 06/13/2005 1.1/04/2005 17:02 707•54255 BARNETT t FIRM PAGE 15/15 STATE OF CALMORI�A NARC2ATIVE/SUPPLEME'NTAL, PAGE OF < <` OATi=OFINCIDENT TIME NCIC NUM R OFFICER I.D. NUMBER USSZ- 9320 VZ. Contra. Costa County Sheriffs Office: Coroner's Bureau 1960 Muir Road Martinez,CA 94553 (925) 313-2850 Coroner C. Kay Coroner Investigator Coroner E. ®lasses Coroner Investigator. American Tow: 5017 C. Fomi Drive Concord, CA. 9452D (925) 682-8122 Operator J. Ehting Tow Operator Operator C- Ehling Tow Operator California Department of Transportation—CALTRANS: Walnut Creek, CA. (925) 926-8112 C- Johnson Field Supervisor PREPAR D BY LD.NUMB 9AfiE . VI ER'S NAME DATE• J, SAMUELS, 1547$ •i'; . " 06/13/2005 1 PROOF OF SERVICE 2 I am employed in the City and County of San Francisco, State of California. I am over 18 years of age and not a party to this action. My business address is The Veen Firm,P.C., 711 Van Ness 3 Avenue, Suite 220, San Francisco, California 94102. 4 On the date below I served al true copy of the following document(s): 5 Attachment to Government Claim and Government Clain Against the State of California (CALTRANS),Contra Costa County,and City of Concord 6 on the following parties to s iid action 7 Clerk,Board of Supervisors 8 County Administration Building 651 Pine Street,Room 106 9 Martinez, CA 94553 10 City Attorney's Office 11 1950 Parkside Drive Concord, CA 94519 . 12 California Victim Compensation and Government Claims Board 13 P.O. Box 3035 14 Sacramento, CA 95842-3035 15 by the following means: 16 �X (BY MAIL) By placing a true copy of the above, enclosed in a sealed envelope with 17 appropriate postage) for collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence, 18 for mailing. On the same day that the correspondence is placed for collection and mailing,it is deposited in the ordinary course of business with the United States Postal Service,in a 19 sealed envelope with postage fully prepaid. 20 F-1 (BY OVERNIGHT DELIVERY) By placing a true copy of the above, enclosed in a sealed envelope with delivery charges to be billed to The Veen Firm,P.C., for delivery by Federal 21 Express to the addri ss(es) shown below. (BY FACSIMILE(TRANSMISSION) By transmitting a true copy of the above by 22 facsimile transmission from facsimile number(415) 771-5845 to the attomey(s) or party(ies) 23 shown below. (BY MESSENGER) By placing a true copy of the above in a sealed envelope and by giving 24 said envelope to an employee of Western Messenger Service for guaranteed, same-day delivery to the address(es) shown below. 25F-] (BY HAND DELIVERY) By personal delivery of a true copy of the above to the attorneys 26 or parties shown below 27 28 — THE VEEN FIRM,P.C. 711 VAN LESS AVE,SUM= SAN FRANCIS 00CA , BO1@ TelANCI CO6734WO PROOF OF SERVICE www.veenlirm.com 1 2 F—] (BY E-MAIL or ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the 3 documents to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable period of time, after the transmission, any electronic message or other 4 indication that the transmission was unsuccessful. 5 I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. DATED: December 2005 n t 7 M ra go Banowicz 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE VEEN FIRM,P.C. 711 VAN NESS AVE..SUIS= SAN FRANC IS415)6734800COCCAAD, S<102 T.I. PROOF OF SERVICE www.veenfirm.cam 4 w E G� v 0 J _. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: JANUARtY-t7,=-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 you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". �� II AMOUNT: ut OwN DEC in 2005 CLAIMANT: PAMCIA RMM.M COUNTY COUNSEL MA,MIN Z CALIF. ATTORNEY: cwrm McaTm DATE RECEIVED: DECIl"M 9, 2005 THE VEIN FIRM, P.C. ADDRESS: 711 VAN FSS AVENUE, SUITE 220 BY DELIVERY TO CLERK ON: december 9, 2005 SAN FRANCISCO; CA 94102 BY MAIL POSTMARKED: vIA FAx FROM: Clerk of the Board of Supervisors I TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEJ, gler Dated: DECEMBER 9, 2005 By: Deputy II. MOM: County Counsel. : TO: Clerk of the Board of Supervisors o ( his claim complies substantially with SiLtions 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 91J0.8). ( ) 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 `�'6t3— By: /Vi � Deputy County Counst III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV.�BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. O Other: I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:✓Qv? 12oZAvdAHN SWEETEN, CLERK, By — , Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposite in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See jReverse Side of This Notice. f 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. DatedA/4"0&,01,3eq& !?.WOHN SWEETEN, CLERK By Deputy Clerk Q LJ 2 Q Q 14. I Z V A A 41� ffll.)b4o VtLN LhW UrrlUto CYNTHIA MCGUINN, NO. 099324 MILES B. COOPER, NO- 209085 2 ANTHONYL. LABEL, N . 205920 THE VEEN FIRM,P.C. 3 711 Van NessAxenue, Suite,220 San Francisco, CA 94102 DEC 0 4 Telephone: (415) 673-4800 Facsimile: (415) 771-5845 M ATTORNEYS FOR CLAI -ANT 6 PATRICIA RANDOLPH 7 10 Patricia Randolph, ATTACHMENT TO GOVERNMENT Claimant� CLAIM AND GOVERNMENT CLAIM 11 AGAINST THE STATE OF V. CALIFORNIA(CALTRANS),CONTRA 12 COSTA COUNTY,AND CITY OF State of California Depar=ent of Transportation CONCORD 13 (Caltrans),Contra Costa Co6ty, and City of Concord, Government Code 5 910 et seq, 14 Responden'l. TO THE STATE OF CALIFORNIA (CALTRANS), CONTRA COSTA COUNTY,AND 17 CJ'IY OF CONCORD: 18 Pursuant to Government code sections 910 and 911.2,PATRICIA RANDOLPH 19 C'cliirnane� hereby subrnit� the following claims against the State of CaliforniA (CALTRANS), 20 1 Contra Costa County, and City of Concord. 21 1 CLAIMA,M- Gov. Code§ 9 10(a) The name andpoxt office address of the claimant. 22 1 23 ne. clai=nt is pit I ncia,Randolph, 455 Merlot,Vallejo, CA 94590. RESPONzigAzil) NO I'ICE ADDRESS Gov. Code S,910(b) Thepost office address to which 24 thepersonpresenting the claim 'desires notices to he sent. 25 1 All official notices and other correspondence should be sent to THE VEEN FIRM, P.C., 26 1 711 Van Ness Avenue, Suite 220, San Francisco, California, 94102, (415) 673-4800. 27 FACTS GIVING RISE TO THIS CLAIM: Gov. Code 1 910(r) The date,placr andother 28 TmE VEEN FiRrd,P.C. �=Ntraz=131 AlTACHMENT TO GOVEP.NMENT CLAIM AND GOVERNMENT CLUM AGAINST TI-M STATE OF �Fl T.-(11.1)07�4WQ CAUFORNIA (CALM-1,NS)l CONTF-,� cos-rA COUNTY,AND CITY OF CONCORD 12/09/2005 14 :05 FAX 415 7715845 T-VEEN LAW OFFICES 1 eirmmstanent of the occrrnence or transaction which gave rice to the claim asserted- 2 The occurrence took place at approximately 5:52 a.m. on June 12, 2005, northbound on I- 3 680, 627 Feet South of 680 CCC 18,71,in the City of Concord,County of Contra Costa, (hereinafter 4 the "ACCIDENT SITE"} as more fully described in CHP Traffic Collision Report No. 6-154, 5 attached hereto is Exhibit 1. 6 The circumstances giving rise to this claim are as follows: Claimant is the surviving father of 7 Jamika Newman ("decedent")I At the above time and place, decedent was a passenger in a 2003 8 Saturn Sedan. Decedent was killed when the vehicle left the roadway at the gore point between I-. 9 680 N/B and SR 242 N/B, c Illided with a tree and was engulfed in flames. 10 Claimant asserts that the State of California (CALTRANS), Contra Costa County, and City of 11 Concord negligently and carellessly designed,warned, failed to warn, constructed, created, 12 maintained,repaired, owned, Iloperated, controlled, signed, striped, guarded and regulated the 13 aforementioned ACCIDENT SITE and the adjacent roadway thereby creating a dangerous 14 condition which caused and contributed to this accident. In addition to the negligent and careless 15 design and construction of the ACCIDENT SITE and the approach to the ACCIDENT SITE, 16 there was, among other things,a: 17 (a) failure to warn of, and/or prevent and/or correct a"dangerous condition" (a 18 condition of property that leates a substantial [as distinguished from a minor, trivial, or 19 insignificant] risk of injury When such property or adjacent property is used with due care in a 20 manner in which it is reasonably foreseeable that it will be used) on, or immediately adjacent to, 21 public property; 22 (b) failure to provide and/or construct and/or maintain an adequate and safe 23 barrier and/or median; 24 (c) failure to warn of the absence of an adequate and safe barrier and/or median; 25 (d) fail I e to provide; place and/or construct and/or maintain adequate lighting; 26 (e) failure to provide and/or construct and/or maintain an adequate shoulder 27 along the roadway; 28 (f) failure to provide and/or construct and/or maintain a safe roadway width -2- THE VEEN FIRM,P.C. r1 Mft, .WYE ae ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF 8ANF:UW)8W CA Yd,GQ r...ins,ns,eua CALIFORNIA(CALTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD 12/09!2005 14 : 06 FAX 415 7715845VEEN LAW OFFICES � 1 and/or roadway surface; 2 (p) failure to provide and/or construct and/or maintain an adequate number of 3 lanes for vehicle travel in light of the volume of traffic traversing the roadway; 4 (h) failure to post a sufficient number of signs and/or signals at the time of the 5 injury to warn advancing motol is of the dangerous propensities of the roadway; 6 (i) failure I permitting the legal speed limit at the location of the accident to be 7 greater than the speed atwhic I vehicles could be safely driven. Claimant is informed and believes 8 that based on the conftguratiol of the roadway or other existing physical conditions, speed signs 9 should have indicated that area should be driven at less than the legal speed limit; 10 (j) failure to provide and/or construct and/or maintain adequate striping, 11 roadway markings,channelization,and devices such as bot dots or other noise attenuation devices 12 sufficient to guide and warn do"vers away from the gore point;and 13 (k) failurel to adequately warn of the dangerous and unsafe conditions described 14 above contributed to this accident by failure to provide notice to motorists using the roadway of the 15 dangers that he ahead which would have allowed motorists to anticipate and better respond to such 16 dangers. 17 These hazards, stated above,were not reasonable,violated design standards and created a 18 dangerous condition of public property. If the roadway was designed with the aforesaid defects 19 mentioned above, such designs were not reasonable and the designs could not have reasonably been 20 approved. If in fact the design was reasonably approved, conditions changed substantially since time 21 of the design in that traffic Volume and commute speeds have increased tremendously, creating an 22 extremely dangerous condition in a roadway span which is not properly and adequately signed and 23 which lacks necessary safety devices to warn motorists of the danger in the road. 24 further, claimant is informed and believes that employees of the State of California 25 (CALTRANS), Contra Cost a County,and the City of Concord created and knew or should have 26 known of these hazardous, I angerous and defective conditions, and failed to take the necessary and 27 appropriate steps to warn,control,reduce and eliminate the hazards which conduct would have and 28 could have reduced or elihated the injuries sustained by claimant. -3- TNF WeN FIRM,P.C. 711VANN NAW.OwTva ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMFN'r CLAIM AGAINST THE STATE OF TO,(4%)$ie�xR w+cww781 0 CALIFORNIA(C.A.LTR.'INS),CONTRA COSTA COUNTY,AND CITY OF CONCORD I . 12/09/2005 14 :06 FAX 415 7715845VEEN LAW OFFICES 026/064 I IN : Gov. Cade f 910(d)A general description of the indebtedness, obligaiion, injH y, damage or 2 loss incurred to far as itmay be known at the time of presentation of the claim. 3 Wrongful death econo I� and non-economic damages,including but not limited to damages 4 for loss of financial support,gilL benefits, funeral and burial expenses,household services,love, 5 companionship, comfort, care, assistance, protection, affection, society, moral support,training and 6 guidance. 7 Pi BLI ENTITY EM LOYEE RESPONSIBLE: Gov. Code 5 910(e)The name or names 8 of thepmblir employee ar employees I during the injury, damage, or loss, if known. 9 Claimant is currently I aware of the name or names of the public employee or employees 10 causing injury, damage, or los I. Claimant reserves the right to amend this claim when such 11 information becomes known Ito him. 12 AMOUNT CLAIMED: Gov. Code f 910(0. . . . If the amount claimed exceeds len thawsand dollars 13 (j 10,000), no dollaramomnt shall be included in the claim. Howemr, it shall indicate whether the claim would be a 14 limited civil case. 15 Claimant is currently unaware of the amount of economic and non-economic damages, but 16 given the nature of his loss,the amount claimed as damages is estimated to exceed the jurisdictional 17 limits of a limited civil case. Therefore,jurisdiction will rest in Superior Court, Unlimited 18 Jurisdiction. 19 20 DATED: December 2005 THE VEEN FIFU4,P.C. 21 22 By: 23 Cynthia M uinn Attorneys for Claimant 24 Wilpat Newman 25 26 139761_1.doc 27 28 -4- TIIE WEN FIRM,P.C. � .�nm ATTACHMENT TO GOVERNIvMNT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF ameeRnHaeoo,cae' CALIFORNIA (CALTRANS),CONTRA COSTA COUNTY,:SND CIT]'OF CONCORD T.I.N 13a 12/09/2005 14 : 08 FAX 415 7715845 VEEN L , K;tnx XHIBIT 12/09/2003 14 :07 FAX 413 7713845 VEEN LAW OFFICES Q V401 VO4 11/04/2005 17:02 707'1'r>54255 BARNETT U ' -fIRM PAGE 02/15 S1A3EOF GALWOMMA Twiiu CaLUSiON Rrmppi 1_ $ ° CNF.'ZS CARS Page t{Rev 1.09)OPI 081 Mspo 7 at (4 O[DMl TpMe w�wm �rsµw 07TY + A1010vd pIlFRID'r lQc&RRbdRr"met" rATAt " 't°i CONCORD MT.rl"LO /�AAA NMi1nY11p •Rus IiRy < M100g1ENMR COVNr/+ REPGRTiMO OlArnwrT 3 CONTRA COSTA 683 i COLUftON vcaAauD GNI ( Mo GAY YFAF TIME[MOM MCWE ORFlCORIA, Lb86Nt8 6t12td005 0552 4520 014162 NR.i►Oi7 O/PORAM710rR W i TOW AWAY PMDTGORArk`i 0T; ❑NDNE V 62 FEFEETSOUTHOP 680 CCC 18,71 SUNDAY k Yii T7 ND OPC.THOMr{AS♦ 9 ATlV7ER9EE TOb IYiM + iMT1 Hwy REL Oi��� x oa 627 PP$T SOUTH OP CONCORD CITY umrr I x no MG PAR" OAIVER'84r2D8C NJIMP£R ;TFTs CL,Aii I'JUG, WETY IMM VER.YFAR MME/IgOELI GD�,a{ UOiNiE MNAR 9TAF1,' i 01192302 CA C B p 2003 SATMN$EDANaLv BVO,784 CA DRIV[R NAMEPMdt MIDOI,i,µgTj TASWMA CRYSTAL CATO WVNER'9MAw SAME aFNeR i M bTALrFADDR»a 675 NEWBVKY LANE 1Y)44 a 9CliCOTFE bAMe 4b GRtYDk CRr19rATv'zw viMR7.e ��� J 32461 BDT!}I WAY told CITY CA 94S8T 94344 Ol ftemON op VOM=e GN CROW or, QOPFU= ORNGR G'DUM :OJc MAw byes R'IOM wnGMr aff"C M *Art AMERICAN TOW-(925)682-8122 P 8LK BRN 5-04 ISO =311903 Ye. A Most M=K OiPEGTR x RDNE APP, RPFER to NARMTIYE OTI Now pNOME PAWA 6ewwow ! viMCti tDIIM}yRICA't7GRtHUYpbR: NONE NONE uv81.RM1�CIC CaRR11R VrSHR:7.0 rim Cn[GEii vocelE OANAC.E SNApE IN DAMAC@1 AREA POLICYNNIaR UVIQ RX NONE MINGR TRANSPORTED I m � "M GR pR OF rRAVeA ON III OR WIGMWAY 6D N 1.680 65 DA ER.TT CAST' TCPAOC M1RJND[ PARTY OR(VER3L1(a?N:E Ma®En iTATi flAU AH1W SArirr tow, 4K YiAA MAW INOWL i COLOR t10ENiE NUMitR bSh 2 owrvfla MA►MVIRoY.MOMEE"VI DWNEXC NaMi VA A4 Ab ORNER 011, wmq w 41VILLRT ADDRESS SAME AS DRIVER CTYY/aTATEiLP 1 q;175moM OP vE"Ma ON 010FRA ae (�GFP1fSn OoRA'GR O'MiR iqr ax MAIR e178 MMOM WRWMr IeErR10ATE RACE Duar w DoT PAAGR MEmW4WA CM" MDnR APP. REPM TO NAN+ATK GT7♦MR NORM DHOW eViwibi rHow ( YiHICLi IOiMPMAT1OrJ NVM4iR: RMIRAN ..CARNIA VCHI:LE r"E DlEaeeR VeN10.lOANAOi SHADE IN DAMASED III PDL4yY i Eh OlA'Rf � }rytlLyp Y00 OR RDLA.Q1/!11 OR or TRAY"ON"MKT GO Hlo"AY I WORD UNR G DOT PMTY DRRY;REAIDKMEE M1M116R iTATE CLAM AAI MG &A►irY ROUtP, VON.III NARK/MODEL/COLOR LRDEN6E NUNeER OTITi OIIIViR NAANypIET.Mae",LAI" Y'/� /l Sir STMV f 1 Y"0 NAMr' H DAMe At o4np, PARR. 87 crry OrAr1E r$IY ADORI{OO SANK AG 6RNER FOClC ( OIPOGOITIOH OR vemot ON CML"001 ORRIDeR MARL ETES WORT DItIwR I_ IOTRSR SET M+iIT!}7T � � ( J MO � Dnr M V1A1 JI oRo+u4CMAN0MlOIJGRa MOIM AM, iRBR TG NA 'Tivy O�+aR MOMi 1��ONi bWENbbb PANNE v4sEGv rourmrrDAnoNr,trMia: ve+*IMS TYrN 065=9101 YIMK"DAII SM M W DAMiI AR04 INSI)PAMEF CARRIER PG ININBPP 1E4R NCMO hVMpR MoD w.lm ROLI.GV6G OIR OP TRAVl4 on sTREEr ORRtCMVAY �Et'O�CT C OvIr •Rn04MIPe NAkE *A4"Y TePI MGTAR P.MUR 018P.IYCK MOTmen R uwsxi NAME W17 Rev Owgp P13Y oie162 MlNC *A I 12/09/2005 14 : 07 FAX 415 7715845 VEEN LAW UFFIUES 121 ` 11/04/2005 17:02 70754255 BARNETT L,0"^�FIRM PAGE 03/15 SYATI OF CALIFGANIA TAAFF'IC COLLISION CODINO CHP 556 CARS PagC2 (Rev, 1-03)OPI 061 Pegg 14 TC OI'coo aON(ma pAY YWn MI p4m) NOIDi OFROBAIA NUA6EA 6/17/2005 0551 93zD 014167 DL„„,�y OiA,HlR we0111!0.y NOTIFIED PROPERTY X69 ❑NO DAMAGE 9&=NIPTI0N0F4AMAOE SEATING POSITION SAFETY EQUIPMENT INATTENTION CODES OCCUPANTS L-AIR BAfl OEDLOYgD MK B ICVCLE-HELME7 A-CELL PHONE HANDHELD M.NR BAG NOT OEPLDYEO DRIVER FA33VNGFR A-NONE NA V6NICLE e-r,EI.L PHONE.IANOSPArtf G-UNKNOWN N•OI RGR v-Nq X•NO C-ELOCTRONIC EQUIPMENT C-LAP OCLT USED - P-NOT R01ARED W-Ye3 Y•YBB 0-RAOIO/CO 1 2 3 1-DRAlBR 0•LAPDELTNOTUSED e-SMOKING A PO 6•PASSENGERS E'SHOULDER HMNGBS VBBG CHILD R08TRAIN1' EJFCTEO FROM VENICL,E F.JA1IN0 T-STA.WCAN MMkR F•SHOULO6R HARNE88 NOT USED 0-IN VEHICtG USED O•CHLOACN B-RFC OOC TRK•OR VAN 0-LAPI3HDULDER WAANI!ME USED 0 IN VEHICLE NOT U8iO 0-NOT FJECIlO M•ANSAAL5 e-POSIVIONUNKNOVIN H-LAPISHOULDER HARNESS NOT U8lD S-IN VEHICLE U9!UNKNOWN 1•FULLY EJECTED I. PER60NNELHYGIENE J•PASSIVE RESTRAINT USED 7•PARTIALLY EJECTED Z 0.OTHER T-IN VBMICLE IMPROPER U3D 3-UNKNOWN 1. READING K-PASSIVE REiBTTLLINT NOT I U-NONE N VFNK:LE K-OTHER ITEMS MARKED BELOW FOLLOWRO BY AN ASTERISK(')SHOULD bit EXPLAINED IN TME NARRATIVL PRIMARY C06LFOION FACTORMOVEMENTPRECEDING U6Y NI/MPBR On OP PARTY AT FAULT TRAPFID CONTROL DTIw E'9 ] Z 3 SPECIAL INFORMATION .Z 3 COLLISION VC SECTmoN VIOLATED' CITCD A CONTROLS FUNCTIONING A HAZARDOUS MATGRIAI, JA LTOPPED ' A 441d7 O a CONTROLS NOT FUNC ING' a BL H LO1 I PROCEEDING STRAIGHT ® ER IMPROPER ORIVING' C coNFR3133ascuRIS I C L EIN VSF OFF ROAD D N NIROLS PRESENT l FACTOR' 0 CELLPHO NV [7 MAKING RIGHT TURN C OTHVR THAN ORIVER- TYPE OP COLLISION E SCHOOL BUS RELATED a MAX MC7 LEFT'TURN 0 UNKNOWN' JA HEAD-ON I F 7SFrlAQTOkfKWKrOMQ0 F IAA)UNG U TURN p 31DO BW1P! D 32 FT TRAILER-UDA00 6 6AMNIS C REAR D N N SLOWING/STOPPING W6ATNER IMARKIT'02TTE98). 0 OROA0810! I [ PAa91N4 CTHGR YGHICLB X A CLEAN X JE HR OBJECT J J CHANGING LANES 0 CLOUDY e 0 TURNED K JK PARKING MANEUVER CRA NINO O VEHICLE IP20EST N L L CN RI IC D 8N ND N 0 HER': 1 ■ M OTHER UNSAFE TURNING E FO(V/VIBIBAJrY Fr. 1 N N XING INTD OPPOSING LANE P OTHMO MOTOR VL41LLE INVOLVED VAT14 0 O PARK60 G WIND A NOK-CDu,IBION P P MERGING LIOHTINO 5 PEOBITRIAN O O TFiAV2LIN0 WR NOWA X A DAYLNAHT C RVEHICLE OTHER A220CIATED FACTO RS R OTHER' V DUSK-NkOWN D MOTOR OKICLB ON 0 R ROADWAY I �• 3 (MARK 1 TO 21TEMS) C DARK•STR ET LI6H E P MOTOR VEHICLEA YO RATI011WgATp1 or TBe D DARK• urnerrL F NO 8 ARK.STREETLIGHT LB T D DCr I 8 FAN`liO� u^A YEB FUNOTIONIND- B IM ANAL NO BOiRiBx-ORUO ROADWAY SURFACEI C Ye,oeneNONI"Tm °P`9 N!A 1 2 3 (MARK P TO 2 ITEMS) MS)A DRY I FDD OEJECT_ NO D D A HAD N VEEN DRINKING C NSW -IDY X J ROBJ@CT: E VISION OBSCURBMINT. B -UNDER INFLUENCE L PP D SVRY DY,OILY, .) REDWOOD TREE F INATTCWIDN. 0 HV D•NOF UNDER INFLUENCE' ROADWAY CONDTON(9) I G PB DO TRAFFIC D RED-IMPA NTLINKNOWN- (wuaK 770 2 rFGNB) PEOEBTRIAMB ACTION3 M elTrERING IL VINO RAMP E UNDER FILM INFLUENC2• A KOLGC,DEEP RUT- A NO PBO68TR a INVOLVED 1 ►R!VIOI)S COLLISION F IMPAIRMENT-PHYBICAL' p LDDS6 MATERM ON ROADWAY- 8 CROSSING IN CROSSWALK J UNVAMILM WITH ROAD X 0 IMPAIRMENT NOT KNOWN C 0618 UCTION ON ROADW AT IWMRSECTON K DEF6CTIV2 VEH.EQUIP, CITED H NO APPLICABLE D CDN UCTO •REPnIR N! C cA088ING IN CROSSWALK•NOT TEe I sLE>=PY IFnTI p B REDUCED ROADWAY VWp ATINTERSECTIDN Np F PLA D!D' 0 CR IND.NOTI CR098WALK I. UNINvoLvau veHK:LE O cmprpv1 B INROAD-INCLUDES SHOULD M OTHER) X HNO UNUSUAL CONOrnONS a NOT IN ROA13 )( H NONE APPARENT O APPROACRINdSILEAVIN HOOL B O RUNAWAY VIHIOLR SKETCH FOP,SKETCH DIAGRAM, SEE PAGE 4 MIO ua COT j IMDNAIII NORRI Tp a+•RNR I �R �rM1IY/l I 19C CHP 4.4 ao/SO T OTHFR 12/08/2005 14 : 08 FAX 415 7715845 VEEN LMF-o-FMES 11/04/200517:02 707A-354255 BARNETT L! •)FIRM PAGE 04/15 • j STAITE OF,CAI.IFOft4iik INJURED I WITNESSES I PASSEN&I.___. — npo 3 ol 14 !'HF«g CRR$ Pno 3(Rev 1-03)OPI 061 DATE OF COLLISION(MO. DAY YEAR) TIM Ct40D1 MCI C 0 I OFFICER I.O. NUMBER 6113!2005 0501 9320 014162 I N+*r.ceA AA46ENOER L\TENT OF INJURY(')'ONE) INJURED WAS r)7 ONE) PART. aur AIR BYITY cna v Lv VANwoe sesRMWA FATA& AMR[ O't>�R vlBtslF tDAPlAINf POS. AAG EQUIP. NAPM immw %RIA'T OP RAM• OMvcR PA94. PBp, YIGTmI1T DTMBN ❑� ❑ 22 F L7 ❑ a ❑ © ❑ ❑ ❑. ❑ l I B G 0 NAMBfDA.H.lADOREB6 T!L!PMONL TASNiKA CRYSTAL_CATO (02143/1983) 615 N19"URY LANK 0 344 HAYWARD CA 94544 NONE (INJURJA ONLY}TNAN9A0MMO BY: TAKEN 70; CORNOWS Of•TJC&RS CORNOR'S OFFICE PrsCRIBE INJURIE8; BLUNT FORCE TRAUMA VICTIM OF V10lJ:M CRIME NOTIFIED ❑k ❑ 21 F Q ❑ ❑I ❑ ❑ ® ❑ ❑ ❑ 1 3 Js G 0 NAMR I O.O.D.I ADDREU TP.LIPPMONB WII[GU[.I 8 BRIEANNA MAJ.9 07/31/1983 806 BENICIA AD 'VALLBJO CA 91591 (IWUREO ONLY)TRANDPO"O BY: TAKEN TO: ORNOR'S OFFICERS CORNOPM OFFICE 0=0ilBG IWURIeB: BLUNT FORCE TRAUMA VICTIM OF VIOLENT CRIM9 NOTIFIED ❑' ❑ 2I F a ❑ ❑I ❑ ❑ a ❑ ❑ ❑ 1 6 F Q MAMH/D-0.0.1ADOR6E8 TELLUMONE JAMIKA LATASHIA NMW OS/04119841) 14 DHL PARDD CIR FAMRSED 93533 (NJURSO ONLY)TRAN9FORTgO BY; ihKEN TO; 00140TS OPMMU CORNOR30MCE 085CIVOE IWURIE9: BLUNT FORCE TRAUMA VICTIM OF VIOLENT CRINJ MOTI19810 p" ❑ 25 P ❑ ❑ ❑ D ❑ Q ❑ ❑ ❑ 1 a P d 0 NAM@/D.O.&/ADDRESS - TELEPHONE CAMILLE DRAYTON 11/09/1979 209 ALASKA AVE 012 pAMMLD CA 94533 VWURED ONLY)TRANEPORTQD BY: TAKEN TO: 'AMR AMBULANCE MT.D1/1E1L0 psDORIHE INJuaIEs: COMPLAINT OF PAIN To CHEST,NISC(.ETC I VICTIM OF%AQLENT CRIME NOTIFIED Q 20 I ns I ❑ I ❑ ❑ ❑ I ❑ ❑ ❑ ❑ 1 ❑ µAMR/OA.D./A13OR389 I TELEPHONE R06ERT MIC-qAM HIRSCH CC&271119841901 SWUNA TIIBRRA 3T 9WCIA CA 94310 (707)209-4512 (INJUNID ONLYI TRANSFORTCO BY: TAKEN TO; OGSGR166 INJU1M1I9 ., VICTIM OF VK)I.ENY MME N07INED " 2 ❑ 4o M ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ TAME/D_O.B./ADORES$ TELEPHONE ACK D=W (01119/15164) 1928 CONTRA CVSTA BLVp,0209 PLW kNT RILL CA 94523 (9251639 632 INJUhCO ONLY)TRANSPORTED 8Y: TAKEN TO; E8CRI8E INJUF083: VICTIM DF VIOLEINTCRRAE NOTIFIED liPARRIT8 NAME I.D.NUMDER MO. DAY YEAR Ruvir fir(;NAME MO. DAY TC911 MuTUR' 014152 61122005 12/09/2005 14 : 08 FAX 415 7715845 VEEN LAW OFFICES /Ob 11/04/2005 17:02 707"54255 BARNETT Lf' ' IRM PAGE 05/15 Mi !AG: f1AL.Rl (JRoboe lM7EeseeW"pw0. Dar roar ncpml _. �+PGm o,vtceRiu 1 _'t2.a5 Q 5SZ `1�3'�n lit I,Z - - .t..s. - ALL M6faA MM"n ARE APPRUG i TE AND NOT TO SCALE UNLEIM STAT¢e VALE e i I • \ii.��, . JJl 2 �3 1 �.. j JIr /z ,z MUCAT9 ' �ooATfl e . ri 1 n y 03 ,/.l SI2 ���Al/a .... . - ----- r f Ar �.e.Men�Al1+ iw. oar -¢r aevntwabnwwi r0 . wv rR.a 12/09/2005 14:08 FAX 415 7(15845 VttN LAW UFF1ltJ 11/04/2005 17702 70-754255 BARNETT LT ",,FIRM PAGE 06/15 STATE 0►•GALIPOArnn Al FAAL b6A0RAM Page �or 14 CHIP-CAT .aa QRob. T-o31 opl 051 rOAn.Or COLl^lCN(W, DAY MR$ VOW(24W NC'C o"ICIA I.0. M UWR o s 5 4. � 2r c� 1 � c. fo 1 S4 ALL M/ASUm i AR!APPR.09 MATO AND NOT TO SCALE UNLBS3 STATSO JOCAL! 't /Z' /Z 0A, 0 INDICATE \ NORTH (4J nta ,�3 Sig. �.�z d/a O b ILI N if it! Jr' A 3 � 4 7. a "17 Coac.oU:� c L•C� LA W\ •CS B � Iz rZ Iz ri JZ it /p rJ p rJ 2 as 5 .J✓ !v PQOPAI, 0 QY I Lo.MJM.Q7 MO. OAT YFAA mvmwsml"mm MO. DAT TYo.m "" asP oa vaaTa 12/09/2005 14 : 08 FAX 415 7715845 VEEN LAW OFFICES J0 voo/VU4 11/04/2005 17:92 70754255 BARNETT Lr°. 'FIRM PAGE 07/15 STATE OF CALIFORNIA •. NASRATIVEISUPPI.E TAI eAnl- DATA OF INCID&VT T[ME NCIC?V} ER OFFICER LA; NLrAS 06/12/2005 0552 9320 1 �t�bL (o t 5~t a • 3 4 S'TA110N LINE 0+00 5 6 A station line was established on the center median of northbound SR-242 just south of the 7 posted Concord City Limit traf o sign and increases as you proceed south. The Concord City 8 Limit sign is posted on the sound wail i ordering the east side of northbound 9 10 0+00 — 605 feet south of the posted Concord City Limits sign and 5 feet west of the west 11 roadway edge of northbound SR-242. 12 13 ITEM AND DESCRIP'T'ION 14 15 1. Beginning of gore point (NB 1-680 /IVB SR-242 split) 16 Located 0+781 fact and 0 feet right. 17 18 2. Posted "East 50" sign located in the reverse gore point, 19 Located 0+378 feet and 10.5 fleet right. 20 21 3. Fixed light pole#18672- 22 Located 04-225 feet and 30 feet right, 23 24 4. Bush with broken branch from the subject vehicle. 25 Located 0+107 feet and 15 faet right, 26 27 5. Silver colored piece of car panel. 28 Located 0+91 feet and 19 feet right. 29 30 6, Broken piece of passenger aide mirror. 31 Located 0+87 feet and 20 feet right, 32 33 7. Silver colored piece of car panel. 34 Located 0+84 feet and 20 feet right, 35 36 8,Concrete drain covert 37 Located 0+74 feet and 55 feet right. 38 39 9. Silver colored piece of car panel 40 Located 0+62 feet and 25 feet right, PREPARER'S NAME T.D.UI-512- DATE REVIEWFFUS NAME bnTs Garay, T. 16636 06/12/2005 12/09/2005 14 : 09 FAX 415 7715845 VEEN LAW OFFICES 11/04/2005 17:02 707.1',254255 BARNETT Ua IRM PAGE 06/15 STATE OF CALIFORNIA -1 Lc� DATE OF INCIDENT T(Ma NCIC ER OFFICtRI•D. NUMBER 06/12/2005 0552 9320 I. - y 1 LLGEND COAD 3 '10, Redwood tree . 4 Located 0+22 feet and 45 feet sight. 6 . 11. 2'x I'piece of silver colored car panel. 7 Located 0+20 acid 52 fW right 9 12. Saturn point of rest(on passenger side facing an easterly direction) 10 Right rear tire: 11 Located 0+14'£ect aa@ 36 right. i 12 13 .13. Right front tire: 14 Located 0+14 feet and 28 feet right. ROADWAY MARKINGS A = 3' CONCRETE CENTER MEDIAN WALE. B = PAINTED SOLIDYELLOW LINE C = ASPHALT MEDIAN D = PAINTED SOLID WHITE LINT~ E =ASPHALT SHOULDER. I. F = t0lf CR&7E AND BRICK SOUND WALL G H = BOTTS DOTS• _ .. - 6' CHAIN LINK FENCE (CYCLONE FENCE) PREX A.I NAML ID.t1[JM73J3R DAn REVIEWER'S NAME DATF, Garay,T. . . 166361 06/12/20135 12/09/2005 14 : 09 FAX 415 7715845 VEEN LAW OFFICES 11/04/2005 17:02 707 54255 BARNETT Lf `-FIRM PAGE 09/15 STATE Of CALIFORNIA ''' i'IV TAL DATE F INCIUENT TiME NCICNUM O 1.1), / f S 06/1212005 0552 9320 014162 la 1 FACTS: 2 3 NOTIFICATION: I was dispatched to an accident with no details at 0_55_6 hours, Officer Johnson 4 #13849 and Arroyo #14392 respontled at 0608 hours arriving on scene at 0613 hours. Upon 5 Officer Johnson's arrival he advised that the car was fully engulfed with the possibility of three 6 fatalities . i responded at 0619 hour arriving on scene at 0622 hours. All times, speeds and 7 measurements are approximate. Measurements taken by rollometer, pacing and estimations. 8 9 SCENE: At the scene of the accident 1-680 NiS is a full access freeway consisting of six lanes, 10 the freeway splits into two separate freeways, with three lanes going to a left hand curve 11 remaining 1-680 N/4, and three lames going straight becoming SR 242 NiB. In between these 12 areas is an area called a gore point that is paved then goes Into a dirt landscape area with bushes 13 and trees. (see diagram). 14 15 PARTIES: 16 17 PARTY #1 (CATO): P-1 was not contacted due to having fatal injuries at the scene. P-1 was 18 placed as the driver by passenger Drayton. P-1 had a valid license an was placed as a party by: 19 statements of passenger Drayton 20 position In vehicle 21 22 VEHICLE #1 L§,ATURN1: V-1 was located on the right side facing a north east dlrertion in the 23 landscaped area of the gore point area of 1-680 and SR 242. The vehicle had major damage 24 Including but not limited to: front bumper, grill, hood, right and left sides, in addition to being burnt. 25 26 27 28 29 PREPARED 8 1.0. NUMSEP REVIEWER'S NAM9 DA P. MURPHY 014162 06/12/2006 12/09/2005 14A9 FAX 415 7715845 VEEN LAW UFFIL 11/04/2005 17:02 707, 4255 BARNETT LTIRM PAGE 10/15 STATE OF CALIFORNIA ) NARRATIVElSU MENTAL e� E!AGE x DATE F INCIDENTNCIC NUMBER OFFICER I'D. R 06/12/2005 0562 9320 014162 I S 1 24 HOUR P130FILES ON CATQ MILLS AND NEWMAN): 2 (Provided by Camille Drayton DOB 11/09/79) 3 Camille said that she had got up around 6:00 AM on Saturday(6/11/05)went to work at 7:00 AM 4 and worked to 9:30 AM, Camille si id when she got home her younger sister Jamika (Newman) 5 came over around 10:15 AM. Camille said they then drove to Oakland to see Bree (Mllls) 6 graduate from Silicon Valley Co(felge. Camille said that her sister Jamika and Bree were best 7 friends. Camille said when they were at graduation they met wlth Tas (Cato), Camille said that 8 Tas and Bree were friends. Camille said that graduation was over at around noon and that Tas, 9 Bree drove up to Brea's and that her and her sister Jamika drove her car up to Bree's. Camille 10 said that the four of them then hung out at Bree's for several hours, having a drink of Hennessey 11 and Banana Juice. Camille said t i ey all four got Into Tas' oar and drove to Tas' house In 12 Richmond. Camille said they went to Hilltop Mall, did some shopping then went back to Tas. 13 Camille said they then left around) 10:30 PM and drove to a motorcycle show in Stockton, with 14 Bree driving Tas' car. Camille sal di that they only had one drink at the motorcycle show because 15 the ice machine at the bar was bri ken. Camille said that before they left Stockton they went to a -16 Denny's in Stockton and had food. Camille said that just before they left at 5:12 a.m. Jamika 17 called her fianc6 to let him know they were on the way home_ Camille said that none of them had 18 any sleep. 1g . 20 (PROVIDED BY MOTHER OF CATO, JUNE SCHLOTFELDT DOB 06!24/56) 21 June said that her daughter lived on her own in Richmond, CA and that she would let her borrow 22 her car from time to time. June said that she last talked to her daughter on Saturday evening 23 around 10:30 PM. 24 25 (PROVIDED BY MOTHER OF MILLS, PATRICIA RANDOLPH) 26 Patricia said that Bree had spent the night at her house on Friday night and that they had stayed 27 up quite late talking about graduation on Saturday. Patricia said that she woke Brea around 7:00. 28 a.m. on Saturday to get ready for graduation. Patricia said that they all went to graduatlon where 29 Bree met with her frlends. Patricia said after graduation they ended back at her house. Patricia r KWZ ABED 8Y TUN M9 D IEWER' NAME DATE P. MURPHY 014162 06112/2005 � axe 12/09/2005 14 : 10 FAX 415 7715845 VEEN LAW OFFICES 11/04/2005 17:02 797`254255 BARNETT L,' FIRM PAGE, 11/15 STATE OF WHORN1A UARBaIVEISUE ELEMENTAL I PAGE 10 4 DATE OF INCIDENT, TIME NCIG NUMB R ER I.O. NUM9ER 06/12/2005 0,552 9320 '014162 (0 t 1 said they hung around the house the rest of the day, went to Bree's favorite restaurant, went by 2 and got the cake at Safeway so Brea could see it. Patricia said that the four girls then lett to go to 3 Tes' house at around 7:00 p.m. 4 5 PASSENGER (pRAYTON): Drayton was contacted In the rear of the ambulance and at the 6 hospital. Drayton was able to provide information on P-1, and the other two passengers In the 7 vehicle. 8 9 PHYSICAL EVIDENCE: Debris, damage to tree, vehicle location. 10 11 STATEMENTS; 12 13 PASSENGER (DRAYTON): Drayton said that she was the left rear passenger and that she had 14 been asleep when the accident occurred. Drayton said that just prior to the accident she heard a 15 scream, that she then could feel the car hitting the bushes and that they then went airbome hitting 16 the tree. Drayton said the car then iend4d up on its side and that she crawled out the door. 17 Drayton said when she crawled out the engine area was already on fire. Drayton said she crawled 18 back in trying to get her sister, but couldn't. Drayton said she crawled out and was helped away 19 as the car exploded. 20 21 WITNESS #1 (HIRSCH): Statement taken by Officer Johnson#13849. 22 W-1 said that he was on NIB 1-680 at Monument Blvd. in lane #1 going 75 mph when a dark 23 green or blue car passed him on his right side going 80-85 mph. W-1 said that he was about 200 24 yards back when he saw that car bIounce off the right side wall of SR 242 then back across to the 25 center wall at which point W-1 believes the car went over the wall landing below, b11-1 said he 26 stopped and went down and saw a person crawling out. W-1 said he went around the back side to 27 see if there was anyone else In the car, W-1 said the door was open at the top of the vehicle and 28 that there was a loud explosion. Wi 1 said that as he was dragging the survivor away she kept on 29 yelling my baby, beating on me and trying to get back to the car. W-1 said by that time it was 60% PREPXRED I.D. UMBER DATE REVIEWER'S NAMEA E P, MURPHY 014162 06/1212005 C 12/Oy/2UUp 14 : 10 FAX 41�) rf15840 vttN LAW UrF1GtS Q Va0/U04 11/04/2005 17.02 70'"54255 9ARNETT L' ,FIRM PAGE 12/15 STATE OF CALIFORNIA UARRATjXQUL1jLEIVl.ENTAL PA 4 DATE OF INCIDENT TIME NCIG NUMSER 4 I R I.D. BUK 06/12/2005 0552 9320 014162 1 S 1 engulfed. W-1 said he asked If there I are other people In the car and the survivor said her sister, 2 my baby and someone else. W-1 said he did not hear any screams Coming from the vehicle and 3 within a matter of seconds It was fully engulfed, W-11a P realize t�ja1~jt was a�' car that 4 he saw bounce off t e wall.=d navar.aawltds.j;�pr untiLbkst4Rned.and saw it on fire. 5 6 WITNESS gg [DILLON): Statement taken by Officer Samuels #15478 7 W-2 said that when he showed up he called 911 at 0608 hours to advises of the accident and 8 that the car Was full engulfed. W-2 said he saw two white men standing on the concrete walkway t u�hen the ambulance showed up he looked back down and they were 10 one. W-2 said it looked like a father and son. 11 12 ADDITION FACTUAL INFORMATION: The on and offramps, along with the general area was 13 checked from the scene of the accident north on SR 242 to the Willow Pass offramp from SR 4 14 E/B looking for the car with fresh accident damage similar to what W-1 had described, with 15 negative results, The area was checl ed where W-1 indicated he saw a car hit the wall, and 16 though there were scrape marks thelre was no glass or other debris In the area and the marks on 17 the wall were enough that generally there would have been debris.left behind. In addition the 16 scrape marks were not silver the color of V-1. 19 V 20 Coroner's Case Ws 21 Tasnika Crystal Cato 05-1292 22 .larnika I-atashla Newman 05-1293 23 Mikelle Brleanna Mills 05-1291 24 25 OPINIONS AND CONCLUSIONS: 26 27 SUMMARY: P-1 (Cato)was driving V-1 on 1-680 south of SR 242 in an unknown lane at an 28 unknown speed. P-1 (Cato) for unk I own reason(s) made an unsafe turning movement to the right 29 causing V-1 to exit the roadway. After leaving the roadway V-1 traveled through the landscaped PREPAReW BY 1,0, NU viBER DATS RE IE ER'$NA p P. MURPHY 014162 06/12/2005 C - y 12/09/2005 14 : 11 FAX 415 .7715845 VEEN LAW OFFICES t�n0391064 11/04/2005 17:02 7071154255 BARNETT L FIRM PAGE 13/15 STATS OF CAI,IFOMIA NA T1 IS PPL L 12 F 14 DAT INCIDENT O NUMBER 06!1212005 0552 I 9320 014162 1 1 er a where V-1 struck a tree. The e collision with the tree caused V-1 to erupt into flernes. 2 Passenger Drayton was able to escape V-1 the other three occupants were not. There Is no eye 3 witness or physical evidence that indicates icates V-1 left the roadway,as a result of being cut off by 4 another vehicle or mechanical failure. 5 8 7 POINT OF IMPACT (FOIL POI determined by physical evidence. 9 POI #1 between V-1 and tree was 827' south of the Concord City Limits and 45' west of west 10 roadway edge of SR 242 NIS. 11 . 12 CAME The primary cause of this collision Is.P-1 making an unsafe turning movement in 13 violation of 22107 V.C. 14 15 RECQMMENDATIONS: None. PA Y 1.0-NUMUER PATE REVIE AME- OA P. MURPHY 014162 ( 0611212005 12/09/2005 14 : 11 FAX 415 7715845 _ VEEN LAW, UFFiUt6 rpJV4V/VO4 11/04/2005 17:02 707154255 BARNETT L' ' FIRM PAGE 14/15 STATOF CALIFOPIAh, PAGE )30F NARRATIVEISUPPLI=M ENTAL NUMNER DATE O� INCIDENT0S ps 5Z ^I 9320 NUM R O t.V b (0 1ST PERSONNEL AT THE SCENE: The following personnel and allied agencies responded to this traffic collision scene or were assigned other duties as Indicated: California Highway Patrol: Contra Costa Area Office 5001 Blum Road Martinez. CA. 94553 (925)646-4980 sergeant C, CoAlgan ID 013042 Incident Commander Officer P. Murphy ID#14182 Primary Investigator Officer D. Johnson ID 013849 Assistant Investigator officer R.Arroyo ID#'14382 Factual Ulagram OMcer T_Garay ID#15636 Factual Diagram Officer M. Mendenhall ID 015970 Scene Measurements Officer E. Butewan ID#14817 Scene Measurements Offlear R.Thomas ID#17413 Photographs Officer J. Miga ID 91e9e4 scene Documentation Officer B. Montgomery ID#16713 Scene Documentation Officer J. Samuels ID#18475 Scene Documerdatiori Dispatcher M. Ernie 10#A13221 Communications "Note: In addition to the above duties, CHP personnel corlducted field Interviews, obtained statement5 and performed physical levidence documentation. Sergeant Costigan notified Contra Costa CNP Usutenant Smith through GGCC and advised of this fatal traffic collision on June 12, 2005 at approximately 0645 hours. Pleasant HUI Fire Department Engine#E5 Pleasant Hili, CP. (926)930-5531 Captain 13. Gonzalez Incident Commander Engineer G. Caravgptes Emergency Operations Rirafigl ter D. Satz Emergency Operations Concord Fire Department: Englna#Q6 Concord,CA. (925) 930-5531 Captain Llbeiman Incident Commander Engineer Clausen Emergency Operations Firefighter Bunts Emergency Operations American Medical Response: Rig#992 Concord, CA. EMT Nicole Medical Treatment 'EMT Kim Medical Treatment J_ SAMUEL.S-. 15478 .j'. 06/13I2005 12/09/2005 14 : 11 FAX 415 7715845 VEEN LAW UFF1l:E�; 1g(V41/Vb4 11/04/2095 17:02 7P"''" 54255 13ARNETT I( FIRM PAGE 15/15 STATE OF CALIFORNIA. i �t NARRATIVEISUPPLEMENTAL PAGE OF DTE O INCIDENT-- T NCIC NUMBER z 'n S U SSZ' 9321) S"-h Contra Co6ta County Sheriff's Office: Coroners Bureau 1980 Muir Road Martinez, CA. 94553 . (925) 313-2650 Coroner C. Kay Coroner Investigator Coroner E. Qlassar Coroner Investigator, American Tow: 5017 G. Fent)Drive Concord, CA.94520 (925) 682-8122 Operator J. Ehling Tow Operator Operator C_ Shiing Tow Operator callfonnia Department of Tmnspartatlon—CALTRANS: Walnut Creek, CA. (925) 828-8112 C. Johnson Field SuperAsor PREPARED 6Yp, CA7E . .. .- Eft'S NA ATE. J. SAMUELS. : ` 15478 ,'j: " OB/1312bd5 12/09/2005 14 : 11 FAX 415 7715845 VEEN LAW UFFIUEJ VI u4//Vb4 1 PROOF OF SERVICE 2 I am employed in the City and County of San Francisco, State of California. I am over 18 years of age and not a parry to this action. My business address is The Veen Firm,P.C., 711 Van Ness 3 Avenue, Suite 220, San Francisco, California 94102. 4 On the date below I served a true copy of the following document(s): 5 Attachment to Government Claim and Government Claim Against the State of California (CALTRANS), Contra Costa County,and City of Concord s on the following parties to salid action 7 Clerk,Board of Supervisors 8 County Administration Building 651 Pine Street, Room 106 9 Martinez, CA 94553 10 City Attorney's Office 11 1950 Parkside Drive Concord,CA 94519 12 California Victim Compensation and Government Claims Board 13 P.O. Box 3035 14 Sacramento, CA 95812-3035 15 by the following means: 16 �X (BY MAIL) By placing a true copy of the above, enclosed in a sealed envelope with 17 appropriate postage, for collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence is for mailing. On the(same day that the correspondence is placed for collection and mailing,it is deposited in the ordinary course of business with the United States Postal Service,in a 19 sealed em elope with postage fully prepaid. 20 (BY OVERNIGHT DELIVERY) By placing a true copy of the above, enclosed in a sealed envelope with delivery charges to be billed to The Veen Firm,P.0-, for delivery by Federal 21 Express to the address(es) shown below. (BY FACSIMILE TRANSMISSION) By transmitting a true copy of the above by 22 facsimile transmission from facsirnile number (415) 771-5845 to the attomey(s) or party(ies) 23 shown below. (BY MESSENGER) By placing a true copy of the above in a sealed envelope and by giving 24 said envelope to and employee of Western Messenger Service for guaranteed, same-day delivery to the addtess(es) shown below. 25 (BY HAND DELIVERY) By personal delivery of a true copy of the above to the attorneys 26 or parties shown below 27 _ . . 28 — THE VEEN FIRM,P.C. 711 VANNCG6.W,IIW= BAN .1[41 WI CABIIOY TPROOF OF SERV TCI? TR(NCB W,CA 0 7 wwrr--nll,m mn 12/09/2005 14 : 12 FAX 413 7715845 VEEN LAW OFFICES ft 043/064 1 2 F7 (BY E-MAIL or ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the 3 documents to be sent to the persons at the e-mail addresses listed below. I did not reccive, within a reasonable period of lime, after the transmission, any electronic message or other 4 indication that the transmission was unsuccessful. 5 1 declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. B 6 DATED: December 2005 n, 7 Maxgo Banowicz 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE VEEN F)RY,P.C. PROOF OF SERVICE , r f 1 CYNTHIA MCGUINN, NO. 099324 MILES B. COOPER,NO. 209085 , 2 ANTHONY L. LABEL, NO. 205920 THE VEEN FIRM,P.C. 15 //LGLI�J 3 711 Van Ness Avenue, Suite 220 RECE ED San Francisco, CA94102 4 Telephone: (415) 673-4800 Facsimile: (415) 771-5845 DEC 1 2 2005 5 ATTORNEYS FOR CLAIMANT CLEM Se490 Zr PUPEWSooS 6 PATRICIA, RANDOLPH C�C€;MacUSlaCO. 7 8 9 Patricia Randolph, 10 ATTACHMENT TO GOVERNMENT Claimant, CLAIM AND GOVERNMENT CLAIM 11 AGAINST THE STATE OF V. CALIFORNIA(CALTRANS), CONTRA 12 COSTA COUNTY,AND CITY OF State of California Department of Transportation CONCORD 13 (Caltrans), Contra Costa County,and City of Concord, Government Code 910 et seg. 14 15 Respondentsi 16 TO THE STATE OF CALIFORNIA (CALTRANS), CONTRA COSTA COUNTY,AND 17 CITY OF CONCORD: 18 Pursuant to Government code sections 910 and 911.2, PATRICIA RANDOLPH 19 ("claimant") hereby submits the following claims against the State of California (CALTRANS), 20 Contra Costa County,and City of Concord. 21 CLAIMANT: Gov. Code 5 910(a) The name and post office address of the claimant. 22 The claimant is Patricia Randolph, 455 Merlot, Vallejo, CA 94590. 23 RESPONSE AND NOTICE ADDRESS: Gov. Code 5 910(b) The post office address to which 24 the person presenting the claim desires notices to be sent. 25 All official notices and other correspondence should be sent to THE VEEN FIRM, P.C., 26 711 Van Ness Avenue, Suitj 220, San Francisco,California, 94102, (415) 673-4800. 27 FACTS GIVING RISE TO THIS CLAIM: Gov. Code 5 910(c) The date,place and other 28 THE VEEN FIRM,P.C. 711 VANNESSAVS..SUM= ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF SAN FRAN15)673A000 LA84102 Tem.(415)6734800 CALIFORNIA(CALTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD veen(rmcan 1 circumstances of the occurrence or transaction which gave rise to the claim asserted. 2 The occurrence took place at approximately 5:52 a.m. on June 12,2005, northbound on I- 3 680, 627 Feet South of 680 CCC 18.711 in the City of Concord, County of Contra Costa, (hereinafter 4 the "ACCIDENT SITE") as more fully described in CHP Traffic Collision Report No. 6-154, 5 attached hereto as Exhibit 1. 6 The circumstances giving rise to this claim are as follows: Claimant is the surviving mother 7 of Michelle Brianna Mills ("dl cedent"). At the above time and place, decedent was a passenger in a 8 2003 Saturn Sedan. Decedent was killed when the vehicle left the roadway at the gore point between I 9 I-680 N/B and SR 242 N/B, collided with a tree and was engulfed in flames. 10 Claimant asserts that]the State of California (CALTRANS), Contra Costa County, and City of 11 Concord negligently and carelessly designed,warned, failed to warn, constructed, created, 12 maintained, repaired, owned,)operated, controlled, signed, striped, guarded and regulated the 13 aforementioned ACCIDENT SITE and the adjacent roadway thereby creating a dangerous 14 condition which caused and contributed to this accident. In addition to the negligent and careless 15 design and construction of the ACCIDENT SITE and the approach to the ACCIDENT SITE, 16 there was, among other things, a: 17 (a) failure to warn of, and/or prevent and/or correct a "dangerous condition" (a 18 condition of property that creates a substantial [as distinguished from a minor, trivial, or 19 insignificant] risk of injury Then such property or adjacent property is used with due care in a 20 manner in which it is reasonably foreseeable that it will be used) on, or immediately adjacent to, 21 public property; 22 (b) failure to provide and/or construct and/or maintain an adequate and safe 23 barrier and/or median; 24 (c) failure to warn of the absence of an adequate and safe barrier and/or median; 25 (d) fail I e to provide;place and/or construct and/or maintain adequate lighting; 26 (e) fail le to provide and/or construct and/or maintain an adequate shoulder 27 along the roadway; 28 (f) failure to provide and/or construct and/or maintain a safe roadway width -2- THE VEEN FIRM,P.C. 711 VAN NESS AV..SUM= ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF SANF l ,S)S7 CALIFORNIA (CALT RAN S),CONTRA COSTA COUNTY,AND CITY OF CONCORD AN ISC Tel.� J-0800 CA <tVl SI wim.vee�Mn.com - I and/or roadway surface; 2 (g) failure to provide and/or construct and/or maintain an adequate number of 3 lanes for vehicle travel in light of the volume of traffic traversing the roadway,- 4 oadway;4 (h) failure to post a sufficient number of signs and/or signals at the time of the 5 injury to warn advancing motorists of the dangerous propensities of the roadway; 6 (i) failur I in permitting the legal speed limit at the location of the accident to be 7 greater than the speed at which vehicles could be safely driven. Claimant is informed and believes 8 that based on the configurati I n of the roadway or other existing physical conditions, speed signs 9 should have indicated that area should be driven at less than the legal speed limit; 10 (j) failur I to provide and/or construct and/or maintain adequate striping, 11 roadway markings, channelizl tion,and devices such as bot dots or other noise attenuation devices 12 sufficient to guide and warn drivers away from the gore point; and 13 (k) failure to adequately warn of the dangerous and unsafe conditions described 14 above contributed to this ac Iident by failure to provide notice to motorists using the roadway of the 15 dangers that he ahead which(would have allowed motorists to anticipate and better respond to such 16 dangers. 17 These hazards, stated above,were not reasonable,violated design standards and created a 18 dangerous condition of public property. If the roadway was designed with the aforesaid defects 19 mentioned above, such designs were not reasonable and the designs could not have reasonably been 20 approved. If in,fact the design was reasonably approved,conditions changed substantially since time 21 of the design in that traffic volume and commute speeds have increased tremendously, creating an 22 extremely dangerous condition in a roadway span which is not properly and adequately signed and 23 which lacks necessary safety devices to warn motorists of the danger in the road. 24 Further, claimant is informed and believes that employees of the State of California 25 (CALTRANS), Contra Costa County, and the City of Concord created and knew or should have 26 known of these hazardous, dangerous and defective conditions, and failed to take the necessary and 27 appropriate steps to warn, control,reduce and eliminate the hazards which conduct would have and 28 could have reduced or eliminated the injuries sustained by claimant. -3- THE VEEN FIRM,P.C. 711 VAN I£SSAE..SUM M) A'T'TACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF SAN FRANCISCO,LA94101 CALIFORNIA(CALTRANS), Tel(415)CO.d 0 CONTRA COSTA COUNTY,AND CITY OF CONCORD . hww.veenlirm.com 1 INJURIES: Gov. Code 910(d)Ageneral description of the indebtedness, obligation, injury, damage or 2 loss incurred so far as it may be knIown at the time of presentation of the claim. 3 Wrongful death economic and non-economic damages,including but not limited to damages 4 for loss of financial support,gifts, benefits, funeral and burial expenses,household services,love, 5 companionship, comfort, care, assistance,protection, affection, society,moral support, training and 6 guidance. 7 PUBLIC ENTITY EMPLOYEE RESPONSIBLE: Gov. Code 910(e) The name or names 8 of the public employee or employees causing the injury, damage, or loss, if known. 9 Claimant is currently unaware of the name or names of the public employee or employees 10 causing injury, damage,or loss. Claimant reserves the right to amend this claim when such 11 information becomes known to her. 12 AMOUNT CLAIMED: Gov. Code 5 910(fi. . . . If the amount claimed exceeds ten thousand dollars 13 10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a 14 limited civil case. 15 Claimant is currently lunaware of the amount of economic and non-economic damages,but 16 given the nature of her loss,the amount claimed as damages is estimated to exceed the jurisdictional 17 limits for a limited civil case. Therefore, jurisdiction will rest in Superior Court,Unlimited 18 Jurisdiction. ,19 20 DATED: December 2005 THE VEEN FIRM,P.C. 21 " 22 23 By: 4, Cyntl9 McGuinn 24 Attorneys for Claimant Patricia Randolph 25 26 139765_l.doc 27 28 -4- THE VEEN FIRM,P.C. 711 VANNESSAW,SUT = ATTACHMENT TO GOVERNMENT CLAIM AND GOVERNMENT CLAIM AGAINST THE STATE OF SAN A C FRANCISCO, S4102 CALIFORNIA(CALTRANS),CONTRA COSTA COUNTY,AND CITY OF CONCORD Tam.((415)CO,CA 0 .wentirmsom " 11'/04/2605 17:02 70744?54255 BARNETT L�� FIRM PAGE 02/15 SIF,tTE OP.I,ALWo'ANIA i TRAF� VC COLLISION R'EPOF<1_ Jul- 9 '65 CHP S55 CARS Page 1 (Rev 1.03)OPI 081 Page 1 01 l4 POCUL OON TIpNS MATFA HTARUN CRY JUDICWL DISTRICT LOCAL REPORT NUMBER P`T^� i CONCORD MT.DIAALO f/ MA<EIIAIU® MTA AVN COUNTY. REPORNNO DISTRICT SCAT ( p 4q► 1514 A MLRPMako" �+`►F 3 CON-RA COSTA 683 COLLISION OCCURRED ON; MD DAY YEAR TBAE RAW) Nrica OFFICER I.D. /2 I-680 NIS 6/12/2005 0552 9320 014162 x MRPPOBT INFORMATION: AY OP WaaK TOW AWAY PHOTOpRAPHS BY: ❑NONE 8 627 FEET 50UTI3 OF 660 CCC 18.71 SUNDAY X YES NG OFC.THOMAS 0 AT INTERSECTION WRTL STATE HWY REL OFC,BONILLA X GTc 627 FEET SOUTHOF CONCORD CITY LIMITS X YES NO PARTY DRIVER'S LICEN Q NUMDER STATE CLASS AIR BAG SAFETY EQUIP. VEN.YEAR MAJ(E I MODEL)COLOR LIOQNSE NUMOOR STATE 01192302 CA C H 0 2003 SATURN SEDAN SLV 58vC,784 CA I DRNER NAMEIFIRSF,MIDDLE.IALST) . TASNIKA CRYSTAL CATO OWNER'S NAME ❑SAME AS ORNER pr luAB - STRPLCTADDRE36 XNE ASCHCOTFELi1T 675 NEWBURY LANE#344 OWNERS ADDRESS ©SAMSAg0?UVCR r D CITY/srATE/ZIP 32464 EDITFI WAY UNION CITY CA 94587 VRHICI.E HAYWARD CA 94344 BRlPODITION OF VEHICLE ON ORDERS 01: �I OFFICER UDRIVOR M OTHER cLL`roi HAIR "IS NFta"r WEIGHT MA EWTHOATE Rnca AMERICAN TOW-(925)682-8122 U ow F suI HRN 5-04 13D 212311983 YRr R PRIOR MECH.DUCCTB X NONE APP, RPFCR TO NARRATIVE OTHaR NOME PHONE DUMNESS PHONS VEMCLS IDENTIFICATIONNUMMR: NONE NONE VnHICI.G TYPE ansemer VEXCLE CAMACE SHADE IN DAMAGED AREA INSURANCE CARRIER PDUCYNUMBER FLM( NCNS MINOR TRANSPORTED 01 MOD MM RpLI•oveR MR OF TnAVP6 ON SMaT Ornt5 IGNWAT SPEED LIMIT CA DoT N I-680 1 65 CAVI TCPlPSC MCAILT pARTY DRIVERS LICeNSF NUMBER STATE CLASS AIR RAO SAFETY EOUBI. VEK YEAR MAKE/MODEL I COLOR LICENSE NUMBER BTAYQ x � _ DRIVRR MAMF(FIRST,MIDDLE,LASTI . OWNERS NAME SAMA AS DRIVER KOSS• M9VADORUS2 TRIAN OWNERS ADDRESS SAME AS DRIVER PARKED CITY I STATE ILP VEMCL DISPOSITION DP VEHICLE ON ORDERS OF: ❑OPFK',EEtau DRNER �OTNaR BICy OHT SEX HAIR EYES MSIWalow BIRTHDATQ RACC Du rMo D'Y YN. PRIOR MECHANICAL"ASSTS NOW APP. REFER TO NARRATNE DTHER HOME PHONE DUSINUM PHONE VEHICLE IDENTIFICAITON NUMEIM' VrKCLE TYPE DEOCRIN VBHICLa DAMAGE 9I4ADE IN DAMAGED AREA I SUPAW-CARRIER POLICY NUMOSR OVNK NONE MINOR MOD OR ROLL.OVGA CIS,OF TRAVgL ON STRBRT o010HWAY SPEED UMIT CA OOT OAL•T 7rpP SC MGMX PARTY ORIVP-R$LICENSE NUMBER STA1E CLASS AIR BAS SAFETYEQUIP. VaH.YaAn MAKE I MODEL I COLOR LICENSE NUMRBR STATE 3 DRIVER NAME(FWST.MIDDLE,LAST) J J OWNERS NAM/; I IOAMB AS DRNaR "TRIeTSSTT ADDRESS L.J OWNERS ADDRESS �SAMIT AS DRIVER PMIKuEe CITY STATE/IIP CISPOOITION OF VEMCLE ON ORDERS OF; El 11 OFFICER DRIVER ��rHER CLI-^I SEX HAIR EYES HEIGHT WEIGHT aIRT11GATE RACE CLI- MP I BnF Ynnr PRION MFCWVNOIALDTICGTO NONE APP. EFER TO NARRATIVQ OTHER MOMS OPK)NE BUSINESS PHONE VERM.P..IDCNTIPICATION NLIMDSA: VEh10.E TYPE DESCRIES VE���MKryLR OAMAGC• SHADE IN DAMAGED ARCA INSURANCE CARRIGR POLICTNUMBER UNI{ NONE MINOR MOD MA" ROLL-OVER r ROf TR4VE4 ONSTREETORMGHWAY SPEEDUMIT CA DOT CAL•T TCPM$C MCJMX PRQPARER'S NAME OISPATGN NOTTISC REVIEWERS NA IAC DATE RP,VICWED P.MIIRPFIY 014162 7( Yes ND NIA �� '11'/04/'2005' 17:02 707^154255 BARNETT Ll FIRM PAGE 03/15 STATF.OF CALIPC"RNIA TAAFFiC COLLISION CODING _. CMP 556 i)ARS Pagc2(Rev, 1-03)OPI 061 Page Z DI 14 DATC Od COLLI@ION(N0. DAY YEAII) TIMEPN00 N010 A ORPK'ER I.O. NUMBER GII7YAOU5 0552 93zq OIa1G7. tv S"� O"Ery OVMBR ADORE:$ NOTIFIED PROPERTY DYES [I NO DAMAGE OESCRIPTIONOPOAMADE SEATING POSITION SAFETY EQUIPMENT INATTENTION CODES OCCUPANTS L-AIR SAG DEPLOYED MN:BIMLE-HELMET M.AIR BAG NOY DEPLOYED DRIVER PASSENGER A-CELL PHONE HANDHELD A-NONE IN VEHICLE. N-OTHER V-140 %•NO a.CELL PHONE HANOSFREE B.UNKNOWN W-YES Y-YES C-ELECTRONIC EQUIPMENT C-LAP BELT USED P.NOT REQUIRED 0.RADIO/CO Z 3 1-DRIVER 0-LAP BELT NOT USED - G•SMOKING E,SHOULDER HARNESS USED CHILD RESTRAINT F•EATINA $TOS•PASSENGERS EJECTED FROM VEWCL6 4' 5 6 7 STA WON REAR F-SHOULOER HARNESS NOT USED p-IN VEHICLE USEDO,CHILDREN B-RR OCC TRK OR VAN G-LAP(SHOULDER HARNESS USED R-IN VEHICLE NOT USED D-NOT EJECTED H•ANIMALS 9 POSITION UNKNOWN S-IN VEHICLE USE H-LAPTSHOULDER HARNESS NOT USED t-FULLY EJECTED 1- PERSONNELHYOIENE OPER 0.OTHER J-PASSVE RESTRAINT USED T-IN VEHICLE IMPROPER USB S%UNKNOWN 2-PARTIALLY EJECTED J- READING K•PASSIVE RESTRAINT NOT USED U-NONE INVEHICLE 3-UNKNOWN K-OTHER ITEMS MARKED BELOW FOLLOWCO UY AN ASTERISK(")SHOULD BE EXPLAINED IN THIS NARRATIVE. PRIMARY COLLISION FACTORMOVEMENT PRGCEOING UST NtPJA R OR OF PARTY AT FAULT TRAFFIC CDNTROL DEVICES I 2 3 SPGGIALINFORMATIQN 1. 2 3 COWSION VC SECTION VIOLATED: CITED L;S A CONTROLSFUNCTIONING A HAZARDOUS MATERIAL A STOPPED A 12107 O 8 CONTROLS NOT FUNCTI IN B CELL PHONU HANDHELD IN USE B PROCEEDING STRAIGHT B 0 ERIMPROPER DRIVING' CCONTROLSOBSCURED, C CEL.PHO OGFREE IN USE )( C RAN OFF ROAD X D NO ONTROLS PRESENT I FACTOR' 2L D CELL PHONE HOT IN USE O MAKING RIGHT TURN C OTHER THAN DRIVER' TYPE OF COLLISION E SCHOOL BUS RELATED E MAKING LEFT TURN D UNKNOWN, JA HEAD.ON F 75 FT MOTORTR OMBQ F MAKING U TURN D SIDE SWIPE _ G 52 FT TRAILER COMDO G BACKING C REAR ENO IN _ H SLOWING I STOPPING WEATHER (MARK1TO2rMMS) D ORGAOSIDE I I 1 PASSINGOTHERVEHICLG X A CLEAR X E HIT OBJECT J J CHANGING LANES D CLOUDY F OVERTURNED I K K PAR MANEUVER C RAINING 0 VEHICLE I PEDESTRIAN I 1- L GNTERING TRAFFIC D SNOWING H OTHER': M M OTHER UNSAFE TURNING E F00 vISIOILTIY FT, N N XING INTO OPPOSING LANE F MEN, MgTOR VPaHIMF INVOLVED WITH 0 _ O PARKED G WIND A NON.000"IGION P P MERGING LIGHTING S PEDESTRWN IQ O TRAVELING WRONG WAY X A DAYLIGHT c OTHERM TORVEHICLE 12 3 OTHERASSOCIATED FACTORS R OTHER*: B DUSK-DAWN D MOTOR VEHICLE ON OTHER ROADWAY (MARK 1 TO 2 ITEMS) C DARK-STREETLIGHTS E PARKED MOTOR VEHICL8 A vE CCC110YYIMATEO: OTF0YD8 D DARK-NO STREET LIGHTS F TRAIN I ONO G DARK-STREET LIGH75 NOT G BICYCLE g N"°IAR°'' IME mm FUNCTIONING' H ANIMAL: NO SOBRIETY-DRUG ROADWAY SURFACE I - wsicrloxwgLAflu G� I1''�� PHYSICAL )( A DRY I FLXED OBJECT: C H z 3 (MARK 1 TO 2 ITEMS) B D LUJJ A HAO NO BEEN OR INKING C SNOWY-IQY X J OTHER OBJECT: E VISIONOBSCUREMGNI` LT HB -UNDER INFLUENCE 0 SLIPPERY(MUDDY,OILY,ETC.) REDW000 TREE I F INATTENTION*, C HBD•NOT UNDER INFLUENCE' ROADWAY CONOITION(S) C STOP a GO TRAFFIC D HBO-IMPAIRMENT UNKNOWN* (MARK 1 TO 2 ITEMS) PEDGSTRIAWS ACTIONS H ENTERING I LEAVING RAMP E UNDER DRUG INFLUENCE' A HOLES,DEEP RUT- )( I A NO PEDESTRIANS INVOLVED I PREVIOUS COLLISION _ F IMPAIRMENT-PHYSICAL• S LDOSE MATERIAL ON ROADWAY' B CROSSING IN CROSSWALK J UNFAMILIAR WITH ROAD X 0 IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROAOWA • _ ATIMASECTION K DEFECTIVEVEH.EgUIP.; CITED H NOT APPLICABLE 0 CONSTRUCTION-REPAIR 70NE C CROSSING IN CROSSWALK-NO7 YES 1 SLCL•PY f FATIGUED E R 9 0 UCED ROADWAY WIp H ATINTERSECTION I eN0 F FLOODED- 0 CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE 0 MEW, B IN ROAD-INCLUDES SHOULD M OTHER`, X IN NO UNUSLINOCONOTTIONS P N T IN ROAD I X N NONE APPARENT O APPROACHING 7 LEAVING SCHOOL BUS O RUNAWAY VEHICLE SKETCH FOR SKETCH DIAGRAM, SBE PAGE 40 46 ie us DOT INDICATB tI CR CRNI AR r 19 cop DAL- P7/50 Cf OTHER 11M4/2005' 17:62 707-4, 54255 BARNETT L'f"', FIRM PAGE 04/15 r ST.k-F4 OF,CAI,IFOR{IA INJURED I WITNESSES f PASSENGEI.__.. Page 3 a 14 CHP 555 CARS Page 3 Rev 1-03 OR 061 DATE_OF COLLfSION(M0, DAY YEAR) TIMER400) NCIC A OFFICER 14, - NUMBER 6/12/2005 0552 9320 014162 s� I wmaess PA3EENOER EXTENT OF INJURY(`)'ONE) INJURED WAS(X'ONE) PARTY BEAT AIR EAFETY aJecT?o ONLY ONLY AO E SE% NLIMOER PCs. HAG EWIP• FATAL 9EVR,RC DTMER VISIEI,F, COMPLMNf DRIVER PASS. 000, BIGYCLI6T DTHBR NJI)t1Y It(JURY INJIyRY OF PAM' ❑# ❑ 2..2 F ❑X ❑ ❑ ❑ L^_I ❑ ❑ ❑. ❑ l 1 9 G 0 NAME I D.O.B.I ADDRESSTELEPHONE TASNIKA CRYSTAL CATO (02123/1983) 615NEWBURYL INS#344 HAYWARD CA 94544 NONE 9NJUR60 ONLY)TRANSPORTED BY: TAKEN TO; CORNORIS OFFICERS CORNO S OFFICE DESCRIS21NJURGS; BLUNT FORCE TRAUMA f VICTIM DF VIOLENT CRIME NOTIFIED ❑u ❑ 21 F Q ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 13-19 G 0 NAME I O.O.B.I ADDRESS I TELEPHONE M,IICELLE SRIEANNA MILTS 07/31/1983 806 BENICIA RD, VAL_LEJO CA 94591 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: CORNORS OFFICERS CORNOWS OFFICE DESCRIBE INJURIES: BLUNT FORCE TRAUMA OX VICTIM OF VIOLENT CRIME NOTIFIED 00 El F c ❑ Q C] ❑ OX ❑ E] ❑ 1 6 P Q 0 NAMWO.O.B./ADDRESS _ TELEPHONE 7AMIKA LATASHL4 NSWMAN 05/04/1984 i,a DEL PARDO CIR FAIRFIELD 93533 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: CONOR'S OPPICSRS CORNOR'S OFFICE DESCRIBE INJURIES: BLUNT FORCE TRAUMA' VICTIM OF VIOLENT CRIME NOTIFIED ❑0 1 ❑ 25P C�l ❑ ❑; ❑x ® O ❑ ❑ ❑ 1 a P o 0 NAME I D.D.S./ADDRESS TELEPHONE CAMILLE,DRAYTON 11/09/1979) 209 ALASKA AVE R12 FAXRFIELD CA 94533 VNJUREO ONLY)TRANSPORTED BY: TAKEN TO: AMR AMBULANCE MT,OWLO DESCRIBE INJURIES: COMPLAINT OF PAIN TO CHEST,NBCK.ETC El VICTIM OF VIOLENT CRIME NOTIFIED a° 1 ❑ 20 1 M I ❑ ❑ ❑I ❑ ❑ ❑ ❑ ❑ ❑ 17-1 NAME IO.O.e./AODRSSSI TELEPHONE ROBERT MICHAEL HIRSCH OCV27/1984 1901 BUENA THE RRA ST BFNICIA CA 94510 707 208-4512 (INJURED ONLY)TRANSPORTED BY: TAKEN T0: OUCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED ❑ 2 ❑ 40 M ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ . ❑ NAME/O.C.G.I ADDRESS TELEPHONE AICK DILLON (08/19/1964) 1926 CONTRA COSTA BLVD.4209 PLEASANT HILL CA 94523 (9 512 634 63� (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED PREPARE93 NAME I.D.NUMBER MO. DAY YEAR REVIEWER'S NAME MO. DAY YPAR P.MURPHY 014162 6/12/2005 11/64%2005 17:02 707�,R54255 BARNETT LIE "` IRM PAGE 05/15 iTP a 1.0 1 page q at I GATE OF COf4I$Ii1N(MB. 04Y YCARI TIME(RI0; _ NAY.[ OFP"R ID. '•--"'�UMOCR( - f2^tiCj � 55Z, ? `1532 �4Iis 1. I ALL MEASURFMINTS ARE AM6DMATp ANO NOT TO SCALE UNLESS STATED (SCALE= I rJ lP4 z j �xJ r'� �2� nro�csTF' N i rlNORTH S/a 241 ' 1—•�rr r'T S Al-IIrL AO ri ejs 1 ri �v Gn6p �- r,e,NUMM01 MO. CKV V-it aEVlEmon n..ME Mo. rN• KNFi 11/04/2005" 17:02 7054255 BARNETT L `''FIRM PAGE 06/15 STATE VP CALGFORNIA ".,. ? FACTUAL DIAGRAM Pagn rjQr t�} CN�gdp-4(RV. 1-03) Opt 061 9ATF,OP Cm414tON(MOS DAY Y6ARI TIME(7AeD1 NGO N ---— ---- OKPICER I.D. NUMBER �ss .2 S3•�0 1u ��� iS4 ALL MPASURF,MENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE= J /� pq P '✓L"1�`-�'1K7 �� _ a � 1 P . .�...-tel^" T I , /Z /2 rZ lD NDICATE I \. NORTH rZ- �TOi 2-12-' y• b3 D +j�3 0 `% 4G 7ZJ e 1 �. 1 �� C� P ,)2 �REPARQo DY -.. - \1 I.D.MJMB6fS ma. DAY VFAf� R6y1flW6YEA R'A NnME M0. DAY R OSP 03 7WIG 11'/04/2665 27:02 70754255 BARNETT V `` IRM PAGE 07/15 STATE OF CALIFORNIA NARRA [1VE1_$MPPLEM UM1 PAQ66oF_ `� DATE„OF INCrDENT T[ME NCIC NUMB OFFICER r.D. NUtvIBER 06/12/2005 0552 19320 1 Lklo�L 1 LEGEND 2 3 4 STATION LINE 0+00 5 6 A station, Line was established on the center median of northbound SR-242 just south of the 7 posted Concord City Limit traffic sign and increases as you proceed south. The Concord City 8 .Limit sign is posted on the sound wall bordering the east side of northbound Sit-242,• 9 10 0+00 = 605 feet south of the posted Concord City Limits sign and 5 feet west of the west 11 roadway edge of northbound SR-242. 12 13 ITEM AND DESCRIPTION 14 15 1. Beginning of gore point (NB I-680 /NB SR-242 split) 16 Located 0+781 feet and 0 feet right.) 17 18 2, Posted "Exit 50" sign located In the reverse gore point. 19 Located 0+378 feet and 10.5 feet right. 20 21 3. Fred light pole 418672. 22 Located 0+225 feet and 30.feet right. 23 24 4. Bush with broken branch from,the subject vehicle. 25 Located 0+107 feet and 15 feet rAglit, 26 27 5. Silver colored piece of car panel. 28 Located 0+91 feet and 19 feet right. 29 .30 6, Broken piece of passenger side mirror, 31 Located 0+87 feet and 20 feet right, 32 33 7. Silver colored piece of car panel. 34 Located 0+84 feet and 20 feet right, 35 36 8.Conerete drain covert 37 Located 0+74 feet and 55 feet right. 38 39 9. Silver colored piece of car panel 40 Located 0.1-62 feet and 25 feet right, PREPARER'S NAME E.D.NUMBER DATE REVIEWER'S NAME DATA' Craray, T. 16636 06/1.2/2005 71I041'2005' 17:02 7074- 54255 BARNETT LJ"—c7IRM PAGE 08/15 STATE OF CALIFORNIA DAT~6FIxcmEi�r TIME NCSCNU2rf8ER OFFICER I.O. NUMBER 06/12/2005 0552 93201 . 1 w�wL '� t 1 LEGEND CONTINUED 2 ' 3 '10. Redwood tree . 4 Located 0+22 feet and 45 feet right. , . 6 11. 2'x 1'piece of silver colored car panel. 7 Located 0+20 and 52 feet right 9 12. Saturn paint of rest(on passenger side facing an easterly direction) 10 Bight rear tire: . 11 Located 0+14 feet and 36 right. 12 • , 1a13, Right fronc4tire: 14 Located 0+14 feet and 28 feet right. . RbADWAY MARKINGS A = 3' CONCRETE CENTER MEDIAN WAIL B = PAINTED'SOLID YELLOW LINE C = ASPHALT MEDIAN ... D = PAINTI_D SOLID VVHITE LINE E = ASPHALT SHOULDER F = bONCRETE AND I§RICK SOUNDWALL . G BOTTS'DOTS H = 6'-CHAIN LINK FENCE (CYCLONE FENCE) PREPARSWS NAME LD.N WES 1 DATE RtMWER'S NAME DATF, Garay' 16636 '1 06/12/2005 11%04/2005 17:02 707,154255 BARNETT L`"'FIRM PAGE 09/15 STATE OF CALIF'OMJA NARRATIVE LEENTAL Q GE DATE OF INCIDENT TIMENCIC NUMBER OFFICER LD. �NU I S 06/12/2005 0552 9320 014162 1 FACTS: 2 3 NOTIFICATION: I was.dispatched to an accident with no details at 055_6 hours, Officer Johnson 4 913849 and Arroyo#14392 responded at 0608 hours arriving on scene at 0613 hours. Upon 5 Officer Johnson's arrival he advised that the car was fully engulfed with the possibility of three 6 fatalities . i responded at 0619 hours arriving on scene at 0622 hours. All times, speeds and 7 measurements are approximate. Measurements taken by rollometer, pacing and estimations. 8 9 SCENE: At the scene of the accident 1-680 NIB is a full access freeway consisting of six lanes, 10 the freeway splits into two separate freeways, with three lanes going to a left hand curve 11 remaining 1-680 N/8, and three lani s going straight becoming SR 242 N/B. In between these 12 areas is an area called a gore point that is paved then goes Into a dirt landscape area with bushes 13 and trees. (see diagram). 14 15 PARTIES: 16 17 PARTY#1 (CATO): P-1 was not contacted due to having fatal injuries at the scene. P-1 was 18 placed as the driver by passenger Drayton. P-1 had a valid license an was placed as a parry by: 19 statements of passenger IOrlayton 20 position in vehicle 21 22 VEHICLE #1 (SATURN): V-1 was located on the right side facing a north east direction in the 23 landscaped area of the gore point i rea of 1-680 and SR 242. The vehicle had major damage 24 including but not limited to: front bumper, grill, hood, right and left sides, in addition to being burnt. 25 26 27 28 29 PREPAREp BY 1,0, BER DATE REVIEWER'S AME D 7E P. MURPHY 014162 06/12/2005 t2vs4/�ee5 27:02 70 54255 BARNETT L�`� IRM PAGE 1at15 . I ST kTB of C.aLIFORN A - NARRATIVEISU ELgMENTAL PAG o ;a DATE of INCIDENTTIMt _•— NCIC NU ER QFFIUEFi f q. N BER q _06/12/2005 _ 0552 9320 014162 = T 1 24 HOUR PROFILES ON CATO, MILLS, AND NEWMAN): I 2 (Provided by Camille Drayton DOB 11/09/79) 3 Camille said that she.had got up around 6:00 AM on Saturday (6/11/05)went to work at 7:00 AM 4 and worked to 9:30 AM, Camille said when she got home her younger sister Jamika (Newman) 5 came over around 10:15 AM. Camilla said they then drove to Oakland to see Brea (Mills) 6 graduate from Silicon Valley College. Camille said that her sister Jamika and Brea were best 7 friends. Camille said when they wl re at graduation they met with Tas (Cato), Camille said that 8 Tas and Bree were friends. Camille said that graduation was over at around noon and that Tas, 9 Bree drove up to Srea's and that her and her sister Jamika drove her car up to Bree's. Camille 10 said that the four of them then hung out at Brea's for several hours, having a drink of Hennessey 11 and Banana Juice. Camille said t,ey all four got Into Tas' car and drove to Tas' house in 12 Richmond. Camille said they went to Hiiltop Mall, did some shopping then went back to Tas. 13 Camille said they then left around+ 10:30 PM and drove to a motorcycle show in Stockton, with 14 Bree driving Tas' car. Camille said that they only had'one drink at the motorcycle show because 15 the ice machine at the bar was bri ken. Camille said that before they left Stockton they went to a 16 Denny's in Stockton and had food. Camille said that just before they left at 5:12 a.m. Jamika 17 called her fiance to let him know tlhey were on the way home. Camille said that none of them had 18 any sleep. 19 20 (PROVIDED BY MOTHER OF CATO, JUNE SCHLOTFELDT DOB 06124/56) 21 June said that her daughter lived 0n her own in Richmond, CA and that she would let her borrow 22 her car from time to time. June said that she last talked to her daughter on Saturday evening 23 around 10:30 PM. 24 25 (PROVIDED BY MOTHER OF MILLS, PATRICIA RANDOLPH) 26 Patricia said that Bree had spent�he night at her house on Friday night and that they had stayed 27 up quite late talking about graduation on Saturday. Patricia said that she woke Bree around 7:00 28 a.m. on Saturday to get ready for graduation. Patricia said that they all went to graduation where 29 Bree met with her friends. Patricia Isaid after graduation they ended back at her house. Patricia PR PARED 9Y I.D.NUMB DA REVtEWE AME DATE P. MURPHY 014162 06/12/2005 F12104/2005' 17:02BARNETT L� FlRM PAGE, 11115 TATE 07 CALIFORNIAARRATIVEfSUPPLEMENTAL PAGE 7flOF 4 DATE OF INCIDENT TFME NGIG NUMBER GER I.D. u M`R 06/12/2005 0552 9320 014162 1 said they hung around the house the rest of the day, went to Bree's favorite restaurant, want by 2 and got the cake at Safeway so Bre e could see it. Patricia said that the four girls then left to go to 3 Tas' house at around 7:00 p.m. 4 5 PASSENGER DRAYTON): Drayton was contacted in the rear of the ambulance and at the 6 hospital. Drayton was able to provide information on P-1 , and the other two passengers in the 7 vehicle. 8 9 PHYSICAL EVIDENCE; Debris, damage to tree, vehicle location. 10 11 STATEMENTS: 12 13 PASSENGER (DRAYTON): Drayton said that she was the left rear passenger and that she had 14 been asieep when the accident occurred. Drayton said that just prior to the accident she heard a 15 scream, that she then could feel the car hitting the bushes and that they then went airbornehitting 16 the tree. Drayton said the car then lendod up on its side and that she crawled out the door. 17 Drayton said when she crawled out the engine area was already on fire. Drayton said she crawled 18 back in trying to gat her sister, but couldn't. Drayton said she crawled out and was helped away 19 as the car exploded. 20 .21 WITNESS #1 (HIRSCH): Statement taken by Officer Johnson 013849- 22 W-1 said that he was on NIB 1-680 at Monument Blvd, in lane #1 going 75 mph when a dark 23 green or blue car passed him on his right side going 60-85 mph. W-1 said that he was about 200 24 yards back when he saw that car bi unce off the right side wail of SR 242 then back across to the 25 center wall at which point W-1 believes the car went over the wall landing below. W-1 said he 26 stopped and went down and saw a person crawling out. W-1 said he went around the backside to 27 see if there was anyone else in the car, W-1 said the door was open at the top of the vehicle and 28 that there was a loud explosion. W-1 I said that as he was dragging the survivor away she kept on 29 yelling my baby, beating on me and trying to get back to the car. W-1 said by that time it was 60% PRE ED i.D,NUMBER DATE REV ER'S NAME DATE P. MURPHY 014162 0611212005 11/04/2065 17:02 707-'x'54255 BARNETT L FIRM PAGE 12/15 STATE OF CALIFORNIA - NA / /SUPPLEMENTAL PAGE 11OF 14 15-A-TE-OF-MCIDENT TIME NCIC NUMBER OFFICER .D. N MBER 06/12/2005 0552 9320 014162 t 5 1 engulfed. W-1 said he asked if there were other people in the car and the survivor said her sister, 2 my baby and someone else. W-1 said he did not hear any screams coming from the vehicle and 3 within a matter of seconds It was ful Ily engulfed. W-1 la err alized at iwaiffer t car that ` 4 he saw bounce off the wall aind neve saw-this gar ust_o_—pad and saw it on fire. -- .�— : �r _TIM 5 6 WITNESS #2 (DILLON)- Statement taken by Officer Samuels #15478 7 W-2 said that when he showed up he called 911 at 0608 hours to advises of the accident and 8 that the car was full engulfed. W-2 said he saw two white men standing on the concrete walkway d tht the ambuianc_e sh_o_wed up he looked back down and they were 10 gone. W-2 said it looked like a father and son 12 ADDITION FACTUAL INFORMATION: The on and offramps, along with the general area was 13 checked from the scene of the accident north on SR 242 to the Willow Pass offramp from SR 4 14 E/B looking for the car with fresh accident damage similar to what W-1 had described, with 15 negative results, The area was checked where W-1 indicated he saw a car hit the wall, and 16 though there were scrape marks there was no glass or other debris in the area and the marks on 17 the wall were enough that generally there would have been debris left behind. In addition the 18 scrape marks were not silver the color of V-1. 19 — _ 20 Coroner's Case#'s 21 Tasnika Crystal Cato 05-12192 22 Jamika L atashia Newman 05-1293 23 Mikelle Brieanna Mills 05-1294 24 25 OPINIONS AND CONCLUSIONS: 26 27 SUMMARY: P-1 (Cato) was driving V-1 on 1-680 south of SR 242 in an unknown lane at an 28 unknown speed. P-1 (Cato) for unknown reason(s) made an unsafe turning movement to the right 29 causing V-1 to exit the roadway. After leaving the roadway V-1 traveled through the landscaped PRIEPARtU 67 1,0.NV ER DATE REVIEWER'S NAM DATE P. MURPHY 014162 06/12/2005 12/04/2005 17:02 70754255 BARNETT L '%FIRM PAGE 13/15 STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL EA_G_E 12 QF 14 DATE OF INCIDENT TIME MR5MBER OFFICERI.D. NUMBER 06/12/2005 0552 9320 014162 l s14 1 area where V-1 struck a tree. The collision with the tree caused V-1 to erupt into flames. 2 Passenger Drayton was able to es�ape V-1 the other three occupants were not. There is no eye 3 witness or physical evidence that indicates V-1 left the roadway as a result of being cut off by 4 another vehicle or mechanical failure. 5 6 7 POINT OF IMPACT (P01):- POI determined by physical evidence. 8 9 POI #1 between V-1 and tree was 627' south of the Concord City Limits and 45' west of west 10 roadway edge of SR 242 NIB. 11 12 CAUSE: The primary cause of this collision is P-1 making an unsafe turning movement in 13 violation of 22107 V.C. 14 15 RECOMMENDATIONS: None. PREPARED 8Y I.D.NUMBER DATE REVIEWER ME D P. MURPHY 014162 06/12/2005 11'/04/2005 17:02 707,1Q54255 BARNETT L ?FIRM PAGE 14/15 STA71 OF CALWORNI.A,, NARRATIVEISUPPLEMENTAt_ PAGE 1.30F NUMBER D TE OF INCIDENTTIM NCC O FI R I. . 2- v S 4 5.5Z. 9320 PERSONNEL AT THE SCENE: The following personnel and allied agencies responded to this traffic collision scene or were assigned other duties as indicated: California Highway Patrol: Contra Costa Area office 5001 Blum Road Martinez., CA. 94553 (925) 646-4980 Sergeant C, Costigan ID 013042 Incident Commander Officer P, Murphy 1D#14162 Primary Investigator Officer D.Johnson ID 013849 Assistant Investigator Officer R.Arroyo ID#14392 Factual Diagram Officer T.Garay ID#16636 Factual Diagram Officer M. Mendenhall ID#16970 Scene Measurements Officer E. Wawan ID#14817 Scene Measurements Officer R.Thomas ID#17413 Photographs Officer J. Miga ID#15964 Scene Documentation Officer B. Montgomery ID#16713 Scene Documentation Officer J. Samuels ID#15478 Scene Documentation Dispatcher M.Ernie ID#A13221 Communications "Note: In addition to the above duties, CHP personnel conducted field interviews, obtained statements and performed physical Ievidence documentation. Sergeant Costigan notified Contra Costa CHP Lieutenant Smith through GG CC and advised of this fatal traffic collision on June 12, 2005 at approximately 0645 hours. Pleasant Hill Fire Department: Engine#E5 Pleasant Hill, CA. (925) 930-5531 Captain S. Gonzalez Incident Commander Engineer G.Caravantes Emergency Operations Firefighter D. Batz Emergency Operations Concord Fire Department: Engine#.O6 Concord,CA. (925) 930-5531 Captain Liberman Incident Commander Engineer Clausen Emergency Operations Firefighter Burris Emergency Operations American Medical Response: Rig#662 Concord, CA, EMT Nicole Medical Treatment EMT Kim Medical Treatment PREPARED BY LD.NUMB R RE NA DATE J. SAMUEL.$,. 15478:.j. . 06/13%2i)a5 11104/2005' 17:02 707" 54255 BARNETT l �' A�FIRM PAGE 15/15 STATE OF CALip'ORNIA• _: NARRATIVEISUPPLEMENTAL PAGE OF I �` DATE OF INCID Tl ENCIC N B R OFFICER f.D. NUMBER � Z•'c�S Q ssz-' I 9324 I y.I L f SAF Contra CoSta County Sheriff's 04Fice: Coroner's Bureau - 1960 Muir Road Martinez,CA_ 94553 (925) 313-2850 Coroner C. Kay Coroner Investigator Coroner E, Glasser Coroner Investigator. American Tow: 5017 C. Fomi Drive Concord, CA, 94520 (925) 662-8122 Operator J. Ehling Tow Operator Operator C_ Ehling Tow Operator Caiifomfa Department of Transportation—CALTRANS: Walnut Creek, CA. (925) 926-6112 C. Johnson Field Supervisor PREPARED BY I.D.NUM 4AfiE VIEWER'S NAME DATE. J. SAMUELS, : '.' ':'; 15478I•.' : " 06113/2fl05 ' 1 PROOF OF SERVICE 2 I am employed in the City and County of San Francisco, State of California. I am over 18 years of age and not a party to this action. My business address is The Veen Firm, P.C., 711 Van Ness 3 Avenue, Suite 220, San Francisco, California 94102. 4 On the date below I served a true copy of the following document(s): 5 Attachment to Government Claim and Government Claim Against the State of California (CALTRANS), Contra Costa County,and City of Concord 6 on the following parties to said action 7 Clerk,Board of Supervisors 8 County Administration Building 651 Pine Street, Room 106 S Martinez, CA 94553 10 City Attorney's Office 11 1950 Parkside Drive Concord, CA 94519 12 California Victim Cimpensation and Government Claims Board 13 P.O. Box 3035 14 Sacramento, CA 95812-3035 15 by the following means: 16 ❑'R (BY MAIL) By placing a true copy of the above, enclosed in a sealed envelope with 17 appropriate postage, for collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence 18 for mailing. On thelsame day that the correspondence is placed for collection and mailing,it is deposited in the ordinary course of business with the United States Postal Service,in a 19 sealed envelope with postage fully prepaid. 20 (BY OVERNIGHT DELIVERY) By placing a true copy of the above, enclosed in a sealed envelope with delivery charges to be billed to The Veen Firm, P.C., for delivery by Federal 21 Express to the address(es) shown below. ❑X (BY FACSIMILEITRANSMISSION) By transmitting a true copy of the above by 22 facsimile transmission from facsimile number (415) 771-5845 to the attomey(s) or party(ies) 23 shown below. (BY MESSENGER) By placing a true copy of the above in a sealed envelope and by giving 24 said envelope to and employee of Western Messenger Service for guaranteed, same-day delivery to the address(es) shown below. 25 El (BY HAND DELIVERY) By personal delivery of a true copy of the above to the attorneys 26 or parties shown below 27 28 THE VEEN FIRM,P.C. 711 VAN WE AVE.,SUM= SAN FR(415)6]3C, Tel.(016)6CA 094162 PROOF OF SERVICE wvnv.veen6imccmcam 1 2 F (BY E-MAIL or ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the 3 documents to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable period of time, after the transmission, any electronic message or other 4 indication that the transmission was unsuccessful. 5 I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. DATED: December_,2005 7 Margo Banowicz 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE VEEN FIRM,P.C. 711 VAN NESS AVE.,SUIS M SAN )1415)673 0 1M T.11NCISC ,6A9 PROOF OF SERVICE wnw..xennnn.cam gMVk0 gp�00 q�t•1 Q CV � Y�Y1g1 92 M t N . r. N G �iyy LLJ 4j O M �c � 4 � Lr) W O a> b o L U U Ln D I— I It _ 4 VI .. - � �. Cir s;3 ,ya ,� �., ��S t ti. CO 5 X. V � s S ��cpa t u s3 Jr �cr.00 N a x� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ri . BOARD ACTION:I� 1'1 Z J Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the 1?'r ?7_1 Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and i DEC 1 5 [i105 915.4. Please note all "Warnings". AMOUNT; i(p Y. C®Uig YfSUR' CucL J M�,o3 Ilgt_Z CALIF, CLAIMANT: �eloaom ham a ATTORNEY: 1 u l.kl'101Un DATE RECEIVED: C, c em.b,er" 152,005 ADDRESS: 6(o)_4- lRard- o UIejov BY DELIVERY TO CLERK ON: D9Ceff_JW 15 2�5 �Y QCt� CA cj530T, BY MAIL POSTMARKED: Q?Cef'Lhr' /it 200-'S FROM: Clerk of the Board of Supervisors I TO: County Counsel Attached is a copy of the above-noted claim. Dated: NC.�m-�er 6 DD5 I JOHN SWEETEN, Clerks By: Deputy II. MOM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should 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: I Dated: j2- -/S -O 5- By: �� �� e. Deputy County Counse III. FROM: Clerk of the Board 10: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). (IV. ARD ORDER: By unanimous tote of the Supervisors present: This Claim is rejected in full. O Other: I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DatedtAge" ice/ , a? JOHN SWEETEN, CLERK, By �w , Deputy Clerk WARNING (Gov. code se tion 91 ) Subject to certain exceptions, you have only six(6) months from the date this notice was personally served or deposite in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated 2*1^tvVy �.01 ,40HN SWEETEN, CLERK By 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 snail 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 Cleric of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If tine claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent cl aims, Penal Code Sec. 72 at the end of this form. •¢¢¢¢¢¢¢¢¢e¢¢¢¢¢¢¢a¢¢a¢¢¢¢¢¢¢¢¢s¢¢¢¢¢¢¢¢s¢¢¢■¢¢m¢¢¢Runs¢¢¢¢¢¢¢¢O¢¢¢¢¢!!¢¢¢¢¢!¢t RE: Clain By: Reserved for Clerk's filing stamp RECE ED i Against the County of Contra Costa or )\ DEC 1 2005 CLERN BOARD of. District) ':'ONTRA COS fv Co. (Fill in the name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ (67-00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) rVelowh oc,Tots€2 ►y .�i5 q: l0 A" 2. Where did the damage or injury occur? (Include city and county) SAN 16AQUIN R1vER , fn orTHE ANTiOCO 4910GE , NFAR LAUR(TZEN e64T . MAk28M . 0AKI.6t CA. CoAi A GpSrA CoutoTLI . 3. How did the damage or injury occur? (Give full details; use extra paper if required) 151E V_ AiTAC.N totZ Slic,T�oN�3 ) 4. What particular act or omission on l the part of county or district officers, servants, or employees causedthe injury or damage? TK€ 'Bola CAKAF To CI.oSFJ_6 OVR 90ATT, AT 70 FA5;T- OF A RATEl OFSPEED. TH�� brD NoT w6K To r OUB LANES wa-E ouT. 5 What are the names of county or district officers, servants, or employees causing the damage or injury? 'FV\-P,- NPrhIf S 6 F O FFcC F KS IV E OPKNOWCJIJ , 56'1 DoWk- DcD OUaT S�pPi-`�` ��T (NfuamirTiof� Tb W'T-oESS KEN W( I, l IAI\ASL)()6N Cwt--) L f N(r !-L( . 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) $US'T CD Else�� - el�f`L Lass Of' LUBE, PrND ALL -TRE- L�ti 7. Hove was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) FUSTE D �7-(Sf,Q 1 N(r peeL, .J LQL." Si� 6 � �uee ,t-1 Lass of (-AfJF- it 8. Names and addresses of witnesses, doctors, and hospitals: SEE PrT Pf CAV-lb S 6e.-r(0,J ( B) 9. List the expenditures you made on account of this accident or injury: DATE TB IE AMOUNT ese San E■ ■sesesesesss RINKS no as■INuenEssElNn■■■Nolo leseEsasa INeneanKE elle!!a 0 Res Messes MEi .Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) � (Claimant's Sighaturefi (Address) IZ�Lcr , Gly . giY91)le Telephone No. ) Telephone No. e eleeseses as leENsu S seen a nssomma Inaaa am a ananse as■Remo a 0 a a■■■■RINKS an KK Kee R■se se nu 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. ■BARREN K R n e a s s a a u e n Nana 0 e n R a a s s■■B e e s e s u e e B B a u s e s e■■S u s s u E e s a u■■E■ern 111111111511101111 NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing; is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000); or by both such imprisonment and fine. Claim For Risk Management Division Contra Costa County Answer for Question 1) Friday October 14 2004 at approximately 9:10 am. Answer for Question 2) San Joaquin River east of the Antioch Bridge near Lauritzen boat harbor. Oakley Ca. Contra Costa County, Answer for Question 3) While trolling (fishing with lures, dragging them behind the boat) near Lauritzen boat harbor the Sheriffs Marine Patrol Boat came out of the harbor and started coming up on the left side (port), at a high rate of speed. When they were about 25 yards off they made a right turn across our stem and fight across my line and lure. My line became caught up in the prop as they sped off. We sounded the horn with multiple blasts and yelled trying to get their attention to stop, but to no avail. They sped away taking all my line (50 lb. Green/White braided Gorilla line) my lure and damaging my reel (broke the clicking gear) with the rapped rate of speed they were leaving with. This also had damage the Sheriffs Marine Patrol Boat in the process. Answer for Question 4) The Sheriffs Marine Patrol Boat came to close to our boat at to fast rate of speed. They did not look to see that our line were out. The poles were in the holders and upright in plain site with the line out. Answer for Question 5) The names of the Officers at the helm and onboard are not known. Sgt. Duke did not supply that information to witness Ken Williams upon contacting him. Answer for Question 6) Busted the fishing reel, loss of all the line and loss of the Lure. Answer for Question 7) Damaged fishing reel $42.00 Loss of line $18.00 Loss of Lure $7.00 Total = S67.00 Answer for Question 8) Witnesses: A) Ken Williams (Contra Costa Co. Sheriffs Dept. Retired) 1561 Lyman Ct. Concord, Ca. 4521 Ph. 925) 689-0517 B) David Williams 1725 Fairhaven Ct.,Oakley, Ca. 94561 Ph. 925) 679-3778 C) Theodore Marcelja 16241 Rancho Viejo Ct. Tracy, Ca. 95304 Ph. 209) 823-8436 CLAIMe BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY '� Qt vlv .,��z;vb BOARD ACTION: ' Claim Against the County, or District Govemed by �• of the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the ti7 , Board of Supervisors. (Paragraph IV below), given ;� Pursuant to Government Code Section 913 and DEC J 2005 'I' 915.4. Please note all "Warnings". AMOUNT: ovll COUNTY UIKSEL tIkABTINCZ ALIF. j CLAIMANT: N� �LhLarr�l d r CR, ATTORNEY: E T'�� L w L�M DATE RECEIVED: )-Vo ADDRESS: �� IS �=i- BY DELIVERY TO CLERK ON: Nh&r CU) t 9 45 3 3 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, Clerk I Dated: Id-1613-00 S' By: Deputy c9` { II. FkOMT. � - - - — } ounty Counsel. TO: Clerk of the Board of Supervisors : (/This claim complies substantially with Sections 910 and 910.2. I ( ) 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 J910.8). ( ) 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: _ R Dated: Z-- -®s I By: rY' Deputy County Counsc i III. FROM: Clerk of the Board TO:I County Counsel (1) County Administrator (2) j O Claim was returned as untimely with notice to claimant (Section 911.3). IV OARD ORDER: By unanimous vote of the Supervisors present: (✓ This Claim is rejected in full. i O Other: I j I certify that this is a true and corrlect copy of the Board's Order entered in its minutes for this date. Dated. ct�s� /y" e JOHN SWEETEN, CLERK, By , Deputy Clerk IWARNING (Gov.code sectiodn 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposite in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING j I declare under penalty of perjury that I I now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage full} prepaid a certified copy of this Board Ori er and Notice to Claimant, addressed to the claimant as shown above. tea. Datedr✓A��y J�' ,JOHN SWEETEN, CLERK By ��-'" Deputy Clerk • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: r�V� Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: CLAIMANT: NG SLh 6110 CAI-D ATTORNEY: L) RE r i1W r I M DATE RECEIVED: ADDRESS: `�j � -F-c- SI-1 , - BY DELIVERY TO CLERK ON: '04— X11 r t - J t I �� 33 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors I TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEETEN, Clerk Dated: JV0 By: Deputy D` II. FROM. ounty Counsel. .= TO: Clerk of the Board of Supervisors ( ) This claim complies substantially withSections 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 1 910.8). ( ) 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 By: Deputy County Counsi III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( .} This Claim is rejected in full I O Other: I I certify that this is a true and conLf copy of the Board's Order entered in its minutes for this date. Dated: JOHN SWEETEN, CLERK, By , Deputy Clerk (WARNING(Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposit( 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 ain now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage full; prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JOHN SWEETEN, CLERK By Deputy Clerl 0 0 1 ROBERT E. BARNETT, SB#44162 NICOLE CHERONES, SW 2 BARNETT LAW FIRM Ong sir 712 Empire Street Ra E V rEE"D 3 Fairfield, CA 94533 4 Telephone: (707)425-0671 LDEC0 2005 9 Attorneys for Claimant 5 JUNE SCHLOTFELDT CATO CLERK ROPRU OF SUPERVISORS CONTRA COSTA CO. 6 7 8 June Schlotfeldt Cato, ) 9 Claimant, ) GOVERNMENT CLAIM AGAINST CONTRA COSTA COUNTY 10 V. ) 11 State of California Department of ) Transportation (Caltrans), Contra Costa ) Government Code § 910 et seq. 12 County, and City of Concord, ) 13 Respondents. ) 14 15 TO THE CLERK OF THE BOARD OF SUPERVISORS FOR CONTRA COSTA 16 COUNTY: 17 Pursuant to Government code sections 910 and 911.2, JUNE SCHLOTFELDT CATO 18 ("claimant") hereby submits the following claims against the State of California (CALTRANS), 19 Contra Costa County, and City of Concord. 20 CLAIMANT: Gov. Code§ 910(a) The name and post office address of the claimant. 21 The claimant is June Schlotfeldt Cato , 32464 Edith Way, Union City, CA 94587. 22 RESPONSE AND NOTICE ADDRESS: Gov. Code§910(b) The post office address to 23 which the person presenting the claim desires notices to be sent. 24 All official notices and other correspondence should be sent to BARNETT LAW FIRM,712 25 Empire Street,Fairfield, CIA, 94533. 26 FACTS GIVING RISE TO THIS CLAIM: Gov. Code§910(c) The date,place and other 27 circumstances of the occurrence or transaction which gave rise to the claim asserted. 28 GOVERNMENT CLAIM AGAINST CONTRA COSTA COUNTY 0 0 1 The occurrence took place at approximately 5:52 a.m. on June 12, 2005, northbound on I- 2 680,627 Feet South of 680 CCC 18.71,in the City of Concord,County of Contra Costa,(hereinafter 3 the "ACCIDENT SITE") as more fully described in CHP Traffic Collision Report No. 6-154, 4 attached hereto as Exhibit 1. 5 The circumstances giving rise to this claim are as follows: Claimant is the surviving mother 6 of Tasnika Crystal Cato ("decedent"). At the above time and place, decedent was the driver of a 7 2003 Saturn Sedan. Decedent was killed when the vehicle left the roadway at the gore point between 8 1-680 NB and SR 242 NB, collided with a tree and was engulfed in flames. 9 Claimant asserts that the State of California(CALTRANS), Contra Costa County, and City 10 of Concord negligently and carelessly designed, warned, failed to warn, constructed, created, 11 maintained, repaired, owned, operated, controlled, signed, striped, guarded and regulated the 12 1 aforementioned ACCIDENT SITE and the adjacent roadway thereby creating a dangerous condition 13 which caused and contributed to this accident. In addition to the negligent and careless design and 14 construction of the accident site and the approach to the accident site,there was,among other things, 15 a: 16 (a) failure to warn of, and/or prevent and/or correct a"dangerous condition" (a 17 condition of property that creates a substantial [as distinguished from a minor, trivial, or 18 insignificant] risk of injurywhen such property or adjacent property is used with due care in a 19 manner in which it is reasonably foreseeable that it will be used) on, or immediately adjacent to, 20 public property; 21 (b) failure to provide and/or construct and/or maintain an adequate and safe 22 barrier and/or median; 23 (c) failure to warn of the absence of an adequate and safe barrier and/or median; 24 (d) failure to provide,place and/or construct and/or maintain adequate lighting; 25 26 (e) failure to provide and/or construct and/or maintain an adequate shoulder along 27 the roadway [delete: which contributed to this accident; 28 GOVERNMENT CLAIM AGAINST CONTRA COSTA COUNTY - 2 - O O 1 (f) failure to provide and/or construct and/or maintain a safe roadway width 2 and/or roadway surface; 3 (g) failure to provide and/or construct and/or maintain an adequate number of 4 lanes for vehicle travel in light of the volume of traffic traversing the roadway; 5 (h) failure to post a sufficient number of signs and/or signals at the time of the 6 injury to warn advancing motorists of the dangerous propensities of the roadway; 7 8 (i) failure in permitting the legal speed limit at the location of the accident to be 9 greater than the speed at which vehicles could be safely driven. Claimant is informed and believes that based on the configuration of the roadway or other existing physical conditions, speed signs 10 should have indicated that area should be driven at less than the legal speed limit; 11 (j) failure to provide and/or construct and/or maintain adequate striping, roadway 12 markings,channelization, and devices such as bot dots or other noise attenuation devices sufficient 13 to guide and warn drivers al ay from the gore point; and 14 (k) failure to adequately warn of the dangerous and unsafe conditions described 15 above contributed to this accident by failure to provide notice to motorists using the roadway of the 16 1 dangers that lie ahead which would have allowed motorists to anticipate and better respond to such 17 dangers. 18 These hazards, stated above, were not reasonable, violated design standards and created a 19 20 dangerous condition of public property. If the roadway was designed with the aforesaid defects mentioned above,such designs were not reasonable and the designs could not have reasonably been 21 approved. If in fact the design was reasonably approved,conditions changed substantially since time 22 of the design in that traffic volume and commute speeds have increased tremendously, creating an 23 extremely dangerous condition in a roadway span which is not properly and adequately signed and 24 which lacks necessary safety devices to warn motorists of the danger in the road. 25 Further, claimant is informed and believes that employees of the State of California 26 (CALTRANS), Contra Costa County, and the City of Concord created and knew or should have 27 known of these hazardous,dangerous and defective conditions, and failed to take the necessary and 28 GOVERNMENT CLAIM AGAINST CONTRA COSTA COUNTY - 3 - 0 0 1 appropriate steps to warn,control,reduce and eliminate the hazards which conduct would have and 2 could have reduced or eliminated the injuries sustained by claimant. 3 1 INJURIES: Gov. Code � 910(d) A general description of the indebtedness, obligation, 4 injury, damage or loss incurred so far as it may be known at the time of presentation of the claim. 5 Wrongful death economic and non-economic damages,including but not limited to damages 6 for loss of financial support, gifts, benefits, funeral and burial expenses, household services, love, 7 companionship,comfort,care,assistance,protection,affection,society,moral support,training and 8 guidance. 9 PUBLIC ENTITY EMPLOYEE RESPONSIBLE: Gov. Code § 910(e) The name or 10 names of the public employ ee or employees causing the injury, damage, or loss, if known. 11 Claimant is currently unaware of the name or names of the public employee or employees 12 causing injury, damage, orl loss. Claimant reserves the right to amend this claim when such 13 information becomes known to her. 14 AMOUNT CLAIMED: Gov. Code § 9100 . . . . If the amount claimed exceeds ten 15 1 thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall 16 indicate whether the claim would be a limited civil case. 17 Claimant is currently unaware of the amount of economic and non-economic damages,but 18 given the nature of her loss,the amount claimed as damages is estimated to exceed the jurisdictional 19 limits for a limited civil case. Therefore, jurisdiction will rest in Superior Court, Unlimited 20 Jurisdiction. 21 22 DATED: December 9, 20 5 BARNETT LAW FIRM 23 24 25 By: __a"4 Robert E. Barnett 26 Attorneys for Claimant 27 June Schlotfeldt Cato 28 GOVERNMENT CLAIM AGAINST CONTRA COSTA COUNTY - 4 - 5T/,rE OF-_ALIFORmA " 7TRA'F =iC COLLISION REPOKI O JUL CHP555 CARS Page 1 (Rev 1-03)OPI 061 Page 1 or 14 �SPECAL CON[)ITIOiJS NtunaER HrtAaux CITY JUDICIAL DISTRICT LOCAL REPORT NUMBER FATAL 6 ixnalo reL°NY I I CONCORD MT. DIABLO °� A - xuMdER xiuEo lura aux COUNTY REPORTING DISTRICT BEAT ��_,,�,,,��,yyyy$Jg All$OEMFANOa � � < � 3 CONTRA COSTA 683 ���r✓✓' e I COLLISION OCCURRED ON: MO DAY YEAR TIME(240) NCIC k OFFICER I.D. z 1-680 NB 6/12/2005 0552 9320 014162 0 f— MILEPOST INFORMATION: DAY OF WEEK TOW AWAY PHOTOGRAPHS BY: ❑NONE 627 FEET SOUTH OF 680 CCC 18.71 SUNDAY X❑YES El NO OFC.THOMAS AT INTERSECTION WITH: STATE HWY REL OFC.BONILLA nDR: 627 FEET SOUTH OF CONCORD CITY LIMITS XD YES NO I PARTY DRIVER'S LICENSE NUMBER STATE CLASS AIRBAG SAFETY EQUIP. VEH.YEAR MAKE/MODEL/COLOR LICENSE NUMBER STATE j D1192302 CA C g G 2003 SATURN SEDAN SLV 5BVG784 CA I DRIVER NAME(FIRST,MIDDLE,LAST) TASNIKA CRYSTAL CATO OWNER'S NAME ❑SAME AS DRIVER _ PEDES- STREET ADDRESS JUNE A SCHCOTFELDT TRIAN 675 NEWBURY LANE#344 OWNER'SADDRESS ❑SAME AS DRIVER PARKED CITY/STATE/ZIP 32464 EDITH WAY UNION CITY CA 94587 VEHICLE F�I HAYWARD C'A` 94544 DISPOSITION OF VEHICLE ON ORDERS OF: O OFFICER ❑DRIVER ❑OTHER BICY- SEX HAIR EYES HEIGHT WEIGHT BIRTHDATERACE AMERICAN TOW-(925)682-8122 CLIST Mo I Day Yea! F BLK BRN 5-04 150 2/23/1983 B PRIOR MECH.DEFECTS X NONE APP. REFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: E] NONE NONE VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NOMBER GUNK ❑NONE ❑MINOR TRANSPORTED I Ol MoD X MAJOR ROLL-OVER OR OF TRAVEL ON STREET OR HIGHWAY SPEED LIMIT CA DOT N I-680 65 CAL-T TCPIPSC MC/MX !'7tiC 1 ;U PARTY DRIVER'S LICENSE NUMBER STATE CLASS AIRBAG SAFETY EQUIP. VEH.YEAR MAKE/MODEL/COLOR LICENSE NUMBER STATE 2 DRIVER NAME(FIRST,MIDDLE,LAST) OOWNER'S NAME ❑SAME AS DRIVER PEDES- STREET ADDRESS TRIAN OOWNER'S ADDRESS ❑SAME AS DRIVER PARKED CIN/STATE/ZIP VEHICLE ❑ DISPOSITION OF VEHICLE ON ORDERS OF: 1:1 OFFICER [:]DRIVER [:]OTHERBICY. SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE CLIST Mo Day Yeaz ❑ I PRIOR MECHANICAL DEFECTS NONE APP. REFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: II J VEHICLE TYPEDESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER ❑UNK ❑NONE ❑MINOR OMOD OMAJOR ROLL-OVER DIR OF TRAVEL ON STREET OR HIGHWAY SPEED LIMIT CA DOT CAL-T TCP/PSC MOMX PARTY DRIVER'S LICENSE NUMBER STATE CLASS AIRBAG SAFE Ti EOUIP. VEH.YEAR MAKE/MODEL/COLOR LICENSE NUMBER STATE 3 DRIVER NAMEIFIRST,MIDDLE,LAST) Ll n I� OWNER'S NAME O SAME AS DRIVER PEDES STREETADDRESS TRIAN nOWNER'S ADDRESS OSAME AS DRIVER PARKED CITY/STATE/ZIP VEH;^CLE DISPOSITION OF VEHICLE ON ORDERS OF: ❑OFFICER []DRIVER DTHER BICY- SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE u CLIST MO Day Yea' PRIOR MECHANCIAL DEFECTS nNONE APP. FSiEFER TO NARRATIVE 11 OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: ❑ VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER GUNK ❑NONE ❑MINOR (—i MOD FIMAJOR ROLL-OVER DIR OF TRAVEL ON STREET OR HIGHWAY SPEED LIMIT CA I DOT- CAL.T TCPIPSC MCID! PREPARERS NAME OISPATCH NOTIFIED REVIEWER'S NAME DATE REVIEWED P.MURPHY 014162f�I�ES riNO nNIAie- as I STO.TE OF CALIFC RNIA TRAFFIC COLLISION CODING (/�) CHP 555 CARS Paget(Rev. 1-03)OPI 061 \1J O Page 2 Or 14 DATE OF COLLISION(MO. DAY YEAR TIME(2400) NCIC iI OFFICER I.O. NUMBER S 6/12/2005 055'_ 93201 014162 L�'- OWNER OWNER ADDRESS NOTIFIED PROPERTY ❑YES []NO DAMAGE DESCRIPTIONOFDAMAGE SEATING POSITION SAFETY EQUIPMENT INATTENTION CODES OCCUPANTS L-AIR BAG DEPLOYED M/C BICYCLE-HELMET A-NONE IN VEHICLE M-AIR BAG NOT DEPLOYED DRIVER PASSENGER A-CELL PHONE HANDHELD B-CELL PHONE HANDSFREE W-YE B-UNKNOWN N-OTHER X-NO C-ELECTRONIC EQUIPMENT C-LAP BELT USED P-NOT REQUIRED YES Y-YES D-RADIO/CO 1 2 3 1-DRIVER D-LAP BELT NOT USED E-SMOKING 2 TO 6 E-SHOULDER HARNESS USED PASSENGERS CHILD RESTRAINT EJECTED FROM VEHICLE F-EATING 4 5 6 7-STA..WGN REAR F-SHOULDER HARNESS NOT USED Q-IN VEHICLE USED G-CHILDREN G-LAP/SHOULDER HARNESS USED O-FULLYENOT ECT H-ANIMALS B-RR.OCC TRK.OR VAN I R-IN VEHICLE NOT USED 1-FULLY EJECTED H-LAP/SHOULDER HARNESS NOT USED 9-POSITION UNKNOWNS VEHICLE USE UNKNOWN I- PERSONNEL HYGIENE J-PASSIVE RESTRAINT USED 2-PARTIALLY EJECTED D-OTHER T-IN VEHICLE EHICLE ER USE 3•UNKNOWN J- READING K-PASSIVE RESTRAINT NOT USED - U-NONE IN VEHICLE K-OTHER ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK V)SHOULD BE EXPLAINED IN THE NARRATIVE. PRIMARY COLLISION FACTOR I MOVEMENT PRECEDING LIST NUMBER(ID OF PARTY AT FAULT TRAFFIC CONTROL DEVICES I 2 3 SPECIAL INFORMATION 12 3 COLLISION I VC SECTION VIOLATED: CITEDES A CONTROLS FUNCTIONING A HAZARDOUS MATERIAL I A STOPPED A 22107 XBNO B CONTROLS NOT FUNCTIONING' B CELL PHONE HANDHELD IN USE IS PROCEEDING STRAIGHT B OTHER IMPROPER DRIVING' C CONTROLS OBSCURED I C CELL PHONE HANDSFREE IN USE X IC RAN OFF ROAD X D NO CONTROLS PRESENT/FACTOR' X D CELL PHONE NOT IN USE D MAKING RIGHT TURN C OTHER THAN DRIVER- TYPE OF COLLISION E SCHOOL BUS RELATED E MAKING LEFT TURN D UNKNOWN' A HEAD-ON F 75 FT MOTORTRUCK COMBO F MAKING U TURN B SIDE SWIPE G 32 FT TRAILER COMBO G BACKING C REAR END H H SLOWING/STOPPING WEATHER (MARK 1 T02 ITEMS) D BROADSIDE I I I PASSING OTHER VEHICLE X A CLEAR X E HIT OBJECT J J CHANGING LANES B CLOUDY F OVERTURNED K K PARKINGMANEUVER C RAINING G VEHICLE/PEDESTRIAN L L ENTERING TRAFFIC D SNOWING H OTHER': M M OTHER UNSAFE TURNING E FOG/VISIBILITY FT. I N N KING INTO OPPOSING LANE F OTHER:' MOTOR VEHICLE INVOLVED WITH O O PARKED G WIND A NON-COLLISION I P P MERGING LIGHTING B PEDESTRIAN O Q TRAVELING WRONG WAY X A DAYLIGHT C OTHER MOTOR VEHICLE OTHER ASSOCIATED FACTORS R OTHER': B DUSK-DAWN D MOTOR VEHICLE ON OTHER ROADWAY 12 3 (MARK 1 TO 2 ITEMS) C DARK-STREETLIGHTS E PARKED MOTOR VEHICLE g'"'¢'J VC SECTON uTED: CITED YES a A D DARK-NO STREET LIGHTS F TRAIN ;"_•_ 21 BNO E DARK-STREET LIGHTS NOT G BICYCLE ;, �B VC SECTION vlourE¢ Crte° BYES FUNCTIONING' p� NO H ANIMAL: 'h'�w° SOBRIETY-DRUG ROADWAY SURFACE I +, PHYSICAL `. MSECTIonVQUIXED: CITED YES X A DRY 1 FIXED OBJECT: ) BND 1 2 3 (MARK 1 TO 2 ITEMS) B WET p - J ")"�.'E"T, of � >�. A HAD NOT BEEN DRINKING C SNOWY-ICY X J OTHER OBJECT: E VISION OBSCUREMENT: IB HBD-UNDER INFLUENCE D SLIPPERY(MUDDY,OILY,ETC.) REDWOOD TREE I F INATTENTION': C HBD-NOT UNDER INFLUENCE' ROADWAY CONDITION(S) G STOP B GO TRAFFIC D HBO-IMPAIRMENT UNKNOWN' (MARK 1 TO 2 ITEMS) PEDESTRIAN'S ACTIONS H ENTERING/LEAVING RAMP E UNDER DRUG INFLUENCE' A HOLES,DEEP RUT' X A NO PEDESTRIANS INVOLVED I PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL' B LOOSE MATERIAL ON ROADWAY' B CROSSING IN CROSSWALK J UNFAMILIAR WITH ROAD X G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' AT INTERSECTION K DEFECTIVE VEH.EQUIP.: CITED H NOT APPLICABLE 0 CONSTRUCTION-REPAIR ZONE C CROSSING IN CROSSWALK-NOT YES 1 SLEEPY/FATIGUED E REDUCED ROADWAY WIDTH AT INTERSECTION NO F FLOODED' D CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE G OTHER': E IN ROAD-INCLUDES SHOULDER M OTHER': X H NO UNUSUAL CONDITIONS F NOT IN ROAD I X N NONE APPARENT G APPROACHING/LEAVING SCHOOL BUS O RUNAWAY VEHICLE SKETCH FOR SKETCH DIAGRAM, SEE PAGE 40 us DOT MIsN 1 INDICATE NORTH CR LOI( I K clip --DA- PD/5,0 yf UTFHR_ STATE OF CAI,IFORNJA - O INJURED /WITNESSES /PASSENGEi O Page 3 of 14 CHP 555 CARS Page 3(Rev 1-03)OPI 061 DATE OF COLLISION(MO. DAY YEAR) TIME(2400) MCIC# f OFFICER I.D. NUMBER 6/12/2005 0552 93201 014162 1t ) s�f- I WITNESS PASSENGER EXTENT OF INJURY('X'ONE) INJURED WAS('X'ONE) PARTY SEAT AIR SAFETY ONLY ONLY AGE SEX NUMBER p05. BAG EQUIP. EJECTED FATAL SEVERE OTHER VISIBLE COMPLAINT INJURY INJURY INJURY OF PAIN' DRIVER PASS. PEO. BICYCLIST OTHER ❑# ❑ 22 F ❑X ❑ ❑ I ❑ o ❑ ❑ ❑. ❑ 1 1 B G 0 NAME D.O.B./ADDRESS TELEPHONE TASNIKA CRYSTAL CATO (02/23/1983) 675 NEWBURY LANE#344 HAYWARD CA 94544 NONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: CORNOR'S OFFICERS CORNOR'S OFFICE DESCRIBE INJURIES: BLUNT FORCE TRAUMA ❑ VICTIM OF VIOLENT CRIME NOTIFIED ❑# ❑ 21 F ❑X ❑ ❑ ❑ iiQ ❑ ❑ ❑ I 3 B G 0 NAME ID.O.B./ADDRESS TELEPHONE MIKELLEBRIEANNAMILLS (07/31/1983) 806BENICIARD VALLEJO CA 94591 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: CORNOR'S OFFICERS CORNOR'S OFFICE DESCRIBE INJURIES: BLUNT FORCE TRAUMA ❑ VICTIM OF VIOLENT CRIME NOTIFIED ❑# ❑ 2] F ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 6 P G 0 NAME/O.O.B./ADDRESS - TELEPHONE JAMIKA LATASHIA NEWMAN (05/04/1984) 14 DEL PARDO CIR FAIRFIELD 93533 (INJURFD ONLY)TRANSPORTED BY: TAKEN TO: CONOR'S OFFICERS CORNOR'S OFFICE DESCRIBE INJURIES: - .. BLUNT FORCE TRAUMA ❑ VICTIM OF VIOLENT CRIME NOTIFIED ❑# ❑ 25 1 F ❑ ❑ ❑ O ❑ FE] ❑ I ❑ 1 1 4 p G 0 NAME/D.O.B./ADDRESS TELEPHONE CAMILLE DRAYTON (11/09/1979) 209 ALASKA AVE#12 FAIRFIELD CA 94533 (INJURFD ONLY)TRANSPORTED BY: TAKEN TO: AMR AMBULANCE MT.DIABLO DESCRIBE INJURIES: COMPLAINT OF PAIN TO CHEST,NECK,ETC ❑ VICTIM OF VIOLENT CRIME NOTIFIED UTI 1 ❑ 20 M ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME/O.O.B./ADDRESS I TELEPHONE ROBERT MICHAEL HIRSCH (06/27/1984) 1901 BUENA -,RRA ST BENICIA CA 94510 (707)208-4512 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: ❑ VICTIM OF VIOLENT CRIME NOTIFIED #.2 ❑ 40 M ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME/D.O.B./ADDRESS TELEPHONE RICK DILLON (08/19/1964) 1926 CONTRA COSTA BLVD.1209 PLEASANT HILL CA 94523 (925)639-6323 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: ❑ VICTIM OF VIOLENT CRIME NOTIFIED PREPARER'S NAME I.D.NUMBER MO. DAY YEAR I REVIEWER'S NAME MO. DAY YEAR P.MURPHY 014162 6/12/2005 aF�C?L9AGti CtiF 555 Paye 4("ev 1.03) OP(061 DATE OF COLLISIJN(MO. DAY YEA0.) TIME(ICCO) iCe OFFICER I.D. NUMBER _ ALL MWURRAFNTS ARE APFROXIE ATE AND NOT TO SCALE UNLESS STATEO (SCALE e � t!s .. ... / , _ r r4l 14 r13 l _l\ /z' iz' INDICATE lb N) N Y P1 , Sl2 Al noaTr� _ 1--12. rf3 121 !2 12 - ----- -- �i t 1 r r S tz rL �� r2 rz �2 � L ro tj ,JZ oN nJ 5 n1 (o PREPARF09V I,0.NUAAIEi I MO. DAY lti k aEv�EY+<4'-`�NAME MO. Dwv YEnR LS _ - .. [�' OSP 03 TSSTI STATE OF CALIFORNIA FACTUAL MAGRAM CHP 555'Pa4e 4(Rev. 1-03) OPI 061 Paye rj or 14 f DATE Of COLLISION:(MO. pAY YEAR) TIME;2app) I'ICIC p I OFFICER L0NUMBER� 2OS 'tL11�,'L 1-S4 ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE= ) 11 � I2 t3 a jC . INDICATE \ NORTH 7 -74 f�3 1 o 11 IL-113 ' s 3 i ' 1 e �Q � LCi3(h 27 c --z,j jZ 12- I� ' P ( ,Jz 1a3 NfA;S � J; r0 PREPA(�R,OBY LO.NUMBER I MO. DAY YEAR REVIEWERS NAME MO. DAY YEAR OSP 03 75578 STATE OF CALIFORNIA NARRATWE/SLIPPLEMFN�TAL O Pa ,Fi42nF DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 06/12/2005 0552 93120 1 '-iki,Z 1 LEGEND 2 4 STATION DINE 0+00 5 6 A station line was established on the center median of northbound SR-242 just south of the 7 posted Concord City Limit traffic sign and increases as you proceed south. The Concord City 8 Limit sign is posted on the sound wall bordering the east side of northbound SR-242.. 9 10 0+00 = 605 feet south of the posted Concord City Limits sign and 5 feet west of the west 11 roadway edge of northbound SR-242. 12 13 ITEM AND DESCRIPTION 14 15 1. Beginning of gore point (NB I-680/NB SR-242 split) 16 Located 0+781 feet and 0 feet right. 17 18 2. Posted "Exit 50" sign located in the reverse gore point. 19 Located 0+378 feet and 10.5 feet right. 20 21 3. Fixed light pole #18672. 22 Located 0+225 feet and 30 feet right. 23 24 4. Busb with broken branch from the subject vehicle. 25 Located 0-+-107 feet and 15 feet right. 26 27 5. Silver colored piece of car panel. 28 Located 0+91 feet and 19 feet ricy 29 30 6. Broken piece of passenger side mirror. 31 Located 0+87 feet and 20 feet right. 32 33 7. Silver colored piece of car panel. 34 Located 0+84 feet and 20 feet right- 3 5 ight.35 36 8.Concrete drain covert 37 Located 0+74 feet and 55 feet right. 38 39 9. Silver colored piece of car panel 40 Located 0+62 feet and 25 feet right. PREPARER'S NAME LD.NUMBER DATE REVIEWER'S NAME DATE Garay, T. 16636 06/12/2005 STATE OF CALIFORNIA / ^ NARRATIVE/S Il PPLEMFNJ1) DATE OF INCIDENT. TIME NCIC NUMBER OFFICER 1.D. _ NUMBER 06/12/2005 0552 9320 .I j � b � S-4 1 LEGEND CONTINUER 2 3 10. Redwood tree 4 Located 0+22 feet and 45 feet right. 5 6 . 11. 2'x P piece of silver colored car panel- 7 Located 0+20 and 52 feet right 9 12. Saturn point of rest (on passenger sidelfacing an easterly direction) 10 Right rear tire: 11 Located 0+14 feet and 36 right. 12 13 13. Right front tire: 14 Located 0+14 feet and 28 feet right. ROADWAY MARKINGS I A = 3' CONCRETE CENTER MEDIANI WALL B = PAINTED SOLID YELLOW LINE C = ASPHALT MEDIAN D = PAINTED SOLID WHITE LINE E = ASPHALT SHOULDER F = CONCRETE AND BRICK SOUND WALL G BOTTS BOTS H.= 6' CHAIN LINK FENCE (CYCLONE FENCE) I PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE Garay, T. 166361 06/12/2005 STATE OF CALIFORNIA O O NARRATIVE/SUPPLEMENTAL PAGE 8 OF 14 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 06/12/2005 0552 9320 014162 S { 1 FACTS: 2 3 NOTIFICATION: I was dispatched to an accident with no details at 0556 hours, Officer Johnson I 4 #13849 and Arroyo #14392 responded at 0608 hours arriving on scene at 0613 hours. Upon 5 Officer Johnson's arrival he advised that the car was fully engulfed with the possibility of three 6 fatalities . I responded at 0619 hours arriving on scene at 0622 hours. All times, speeds and 7 measurements are approximate. Measurements taken by rollometer, pacing and estimations. 8 9 SCENE: At the scene of the accident 1-680 N/13 is a full access freeway consisting of six lanes, 10 the freeway splits into two separate freeways, with three lanes going to a left hand curve 11 remaining 1-680 N/B, and three lanes going straight becoming SR 242 N/B. In between these 12 areas is an area called a gore point)that is paved then goes into a dirt landscape area with bushes 13 and trees. (see diagram). 14 15 PARTIES: 16 17 PARTY #1 (CATO): P-1 was not contacted ndue to having fatal injuries at the scene. P-1 was 18 placed as the driver by passenger Drayton. P-1 had a valid license an was placed as a party by: 19 statements of passenger Drayton 20 position in vehicle 21 22 VEHICLE #1 (SATURN): V-1 was located on the right side facing a north east direction in the 23 landscaped area of the gore point I rea of 1-680 and SR 242. The vehicle had major damage 24 including but not limited to: front bumper, grill, hood, right and left sides, in addition to being burnt. 25 26 . 27 28 29 PREPARED BY I.D. NUMBER DATE REVIEWER'S NAME DATE P. MURPHY 014162 06/12/2005 STATE OF CALIFORNIA O Q NARRATIVE/SUPPLEMENTAL PAGE 9 OF 14 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 06/12/2005 0552 9320 014162 l S� 1 24 HOUR PROFILES ON CAT-, MILLS, AND NEWMAN): I 2 (Provided by Camille Drayton DOB 11/09/79) 3 Camille said that she.had got up around 6:00 AM on Saturday (6/11/05) went to work at 7:00 AM 4 and worked to 9:30 AM, Camille salid when she got home her younger sister Jamika (Newman) I 5 came over around 10:15 AM. Camille said they then drove to Oakland to see Bree (Mills) 6 graduate from Silicon Valley College . Camille said that her sister Jamika and Bree were best 7 friends. Camille said when they we re at graduation they met with Tas (Cato), Camille said that 8 Tas and Bree were friends. Camille said that graduation was over at around noon and that Tas, 9 Bree drove up to Bree's and that her r and her sister Jamika drove her car up to Bree's. Camille 10 said that the four of them then hung out at Bree's. for several hours, having a drink of Hennessey 11 and Banana Juice. Camille said thi y all four got into Tas' car and drove to Tas' house in 12 Richmond. Camille said they went to Hilltop Mall, did some shopping then went back to Tas. 13 Camille said they then left around 10:30 PM and drove to a motorcycle show in Stockton, with 14 Bree driving Tas' car. Camille said that they only had one drink at the motorcycle show because 15 the ice machine at the bar was broken. Camille said that before they left Stockton they went to a 16 Denny's in Stockton and had foCamille said that just before they left at 5:12 a.m. Jamika od. 17 called her fianc6 to let him know they were on the way home. Camille said that none of them had 18 any sleep. 19 20 (PROVIDED BY MOTHER OF CATO, JUNE SCHLOTFELDT DOB 06/24/56) 21 June said that her daughter lived on her own in Richmond, CA and that she would let her borrow I 22 her car from time to time. June said that she last talked to her daughter on Saturday evening 23 around 10:30 PM. 24 25 (PROVIDED BY MOTHER OF MILLS, PATRICIA RANDOLPH) 26 Patricia said that Bree had spent the night at her house on Friday night and-that they had stayed 27 up quite late talking about graduation on Saturday. Patricia said that she woke Bree around 7:00 28 a.m. on Saturday to get ready for graduation. Patricia said that they all went to graduation where 29 Bree met with her friends. Patricia said after graduation they ended back at her house. Patricia PREPARED BY I.D.NUMBER DATE REVIEWER'S NAME DATE P. MURPHY 014162 06/12/2005 STATE OF CALIFORNIA O 0 NARRATIVE/SUPPLEMENTAL PAGE 10OF 14 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER . 06/12/2005 0552 9320 014162 1 S`+ 1 said they hung around the house the rest of the day, went to Bree s favorite restaurant, went by 2 and got the cake at Safeway so Br le could see it. Patricia said that the four girls then left to go to 3 Tas' house at around 7:00 p.m. 4 5 PASSENGER (DRAYTON): Drayton was contacted in the rear of the ambulance and at the 6 hospital. Drayton was able to provide information on P-1 , and the other two passengers in the 7 vehicle. 8 9 PHYSICAL EVIDENCE: Debris, damage to tree, vehicle location. 10 11 STATEMENTS: 12 13 PASSENGER (DRAYTON): Drayton said that she was the left rear passenger and that she had 14 been asleep when the accident occurred. Drayton said that just prior to the accident she heard a 15 scream, that she then could feel thi car hitting the bushes and that they then went airborne hitting 16 the tree. Drayton said the car then fended up on its side and that she crawled out the door. 17 Drayton said when she crawled out the engine area was already on fire. Drayton said she crawled 18 back in trying to get her sister, but couldn't. Drayton said she crawled out and was helped away 19 as the car exploded. 20 21 WITNESS #1 (HIRSCH): Statement taken by Officer Johnson #13849. 22 W-1 said that he was on N/B 1-680 at Monument Blvd. in lane #1 going 75 mph when a dark 23 green or blue car passed him on his right side going 80-85 mph. W-1 said that he was about 200 24 yards back when he saw that car biounce off the right side wall of SR 242 then back across to the 25 center wail at which point W-1 believes the car went over the wall landing below. W-1 said he 26 stopped and went down and saw I person crawling out. W-1 said he went around the back side to 27 see if there was anyone else in the' car, W-1 said the door was open at the top of the vehicle and 28 that there was a loud explosion. A-1 said that as he was dragging the survivor away she kept on 29 yelling my baby, beating on me and trying to get back to the car. W-1 said by that time it was 60% PREPARED BY I.D.NUMBER DATE REVIEWER'S NAME DATE P. MURPHY 014162 06/12/2005 STATE OF CALIFORNIA O 0 NARRATIVEISUPPLEMENTAL PAGE 11OF 14 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 06/12/2005 0552 9320 014162 (, I S ) 1 engulfed. W-1 said he asked if there were other people in the car and the survivor said her sister, 2 my baby and someone else. W-1 said he did not hear any screams coming from the vehicle and 3 within a matter of seconds it was fully engulfed. W-1 later realized that it was a different car that 4 he saw bounce off the wall and never saw this car until he stopped and saw it on fire. 5 6 WITNESS #2 (DILLON): Statement taken by Officer Samuels #15478 7 W-2 said that when he showed up ie called 911 at 0608 hours to advises of the accident and 8 that the car was full engulfed. W-2 said he saw two white men standing on the concrete walkway 9 around the car and that when the ambulance showed up he looked back down and they were 10 gone. W-2 said it looked like a father and son. 11 12 ADDITION FACTUAL INFORMATION: The on and offramps, along with the general area was 13 checked from the scene of the accident north on SR 242 to the Willow Pass offramp from SR 4 14 E/B looking for the car with fresh ac cident damage similar to what W-1 had described, with 15 negative results. The area was checked where W-1 indicated he saw a car hit the wall, and 16 though there were scrape marks th ere was no glass or other debris in the area and the marks on 17 the wall were enough that generally there would have been debris left behind. In addition the 18 scrape marks were not silver the tailor of V-1. 19 20 Coroner's Case #'s 21 Tasnika Crystal Cato 05-1292 22 Jamika Latashia Newman 05-1293 23 Mikelle Brieanna Mills 05-1294 24 25 OPINIONS AND CONCLUSIONS: 26 27 SUMMARY: P-1 (Cato) was driving V-1 on 1-680 south of SR 242 in an unknown lane at an 28 unknown speed. P-1 (Cato) for unknown reason(s) made an unsafe turning movement to the right 29 causing V-1 to exit the roadway. After leaving the roadway V-1 traveled through the landscaped PREPARED BY I.D.NUMBER DATE REVIEWER'S NAME DATE P. MURPHY 014162 06/12/2005 STATE OF CALIFORNIA Q O NARRATIVE/SUPPLEMENTAL PAGE 120F 14 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 06/12/2005 0552 9320 014162 1 S z4 1 area where V-1 struck a tree. The collision with the tree caused V-1 to erupt into flames. 2 Passenger Drayton was able to esclpe V-1 the other three occupants were not. There is no eye 3 witness or physical evidence that indicates V-1 left the roadway as a result of being cut off by 4 another vehicle or mechanical failure. 5 6 7 POINT OF IMPACT (POI): POi determined by physical evidence. 8 9 POI #1 between V-1 and tree was 627' south of the Concord City Limits and 45' west of west 10 roadway edge of SR 242 N/B. 11 12 CAUSE: The primary cause of this collision is P-1 making an unsafe turning movement in 13 violation of 22107 V.C. 14 15 RECOMMENDATIONS: None. PREPARED BY I.D. NUMBER DATE REVIEWER'S NAME DATE P. MURPHY 014162 06/12/2005 u STATE OF CALIFORNIA NARRATIVE/SUPPLEMEN TA9 _ O PAGE-1 3OF `f DyOF INCIDENT TIME I NCIC NUMBER OFFICER I.D. NUMBER 1Z r s ( SSZ 9320 C;Li PERSONNEL AT THE SCENE: The following personnel and allied agencies responded to this traffic collision scene or were assigned other duties as indicated: California Highway Patrol: Contra Costa Area Office 5001 Blum Road Martinez, CA. 94553 (925) 646-4980 Sergeant C. Costigan ID#13042 Incident Commander Officer P. Murphy ID#14162 Primary Investigator Officer D. Johnson ID#13849 Assistant Investigator Officer R.Arroyo 1D#14392 Factual Diagram Officer T. Garay ID#16636 Factual Diagram Officer M. Mendenhall ID#16970 Scene Measurements Officer E. Butawan ID#14817 Scene Measurements Officer R. Thomas ID#17413 Photographs Officer J, Miga ID#16964 Scene Documentation Officer B. Montgomery ID#16713 Scene Documentation Officer J. Samuels ID#15478 Scene Documentation Dispatcher M. Ernie ID#A13221 Communications `Note: In addition to the above duties, CHP personnel conducted field interviews, obtained statements and performed physical evidence documentation. Sergeant Costigan notified Contra Costa CHP Lieutenant Smith througlh GGCC and advised of this fatal traffic collision on June 12, 2005 at approximately 0645 hours. Pleasant Hill Fire Department: Engine#E5 Pleasant Hill, CA. (925) 930-5531 Captain B. Gonzalez Incident Commander Engineer G. Caravantes Emergency Operations Firefighter D. Batz Emergency Operations Concord Fire Department: Engine#06 Concord, CA. (925) 930-5531 Captain Liberman Incident Commander Engineer Clausen Emergency Operations Firefighter Burds Emergency Operations American Medical Response: Rig #662 Concord, CA. EMT Nicole Medical Treatment EMT Kim Medical Treatment PREPARED BY I.D.NUMBER DATE.. REVIEWER'S NAME DATE J. SAMUELS 154781 ' . 06/13/2005 • STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE*I OF DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER. LSSL I 9320 Iy.I�L `�, I S`f Contra Costa County Sheriff's Office: Coroner's Bureau 1960 Muir Road Martinez, CA. 94553 (925) 313-2850 Coroner C. Kay Coroner Investigator Coroner E. Glasser Coroner Investigator. American Tow: 5017 C. Forni Drive Concord, CA. 94520 (925) 682-8122 Operator J. Ehling Tow Operator Operator C. Ehling Tow Operator California Department of Transportation—CALTRANS: Walnut Creek, CA. (925) 926-6112 C. Johnson Field Supervisor I. 1 PREPARED BY I.D.NUMBER DATE . REVIEWER'S NAME DATE J. SAMUELS . 154M 06/-13/2005 j .. AM64ACt ed CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:IJMMY 17, 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 you is your California Government Codes. ) notice of the action taken on your claim by the ` Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and rTr•' r 915.4. Please note all "Warnings". AMOUNT: UNKNM EC 12 2005 CLAIMANT: CARISSA PATAGUE CC iNTY COUi\,S`L N 8TINEZ CQ,LIF. f ATTORNEY: JONATHAN MANN DATE RECEIVED: December 12, 2005 i ADDRESS: 1777 BOT M0 DRIVE, SUITE 220 BY DELIVERY TO CLERK ON: Decenber 12, 2-M5 WALNUT CREEK, CA 94596 December 9, 2005 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. + � JOHN SWEETEN; Cler Dated: DECIINR 12, 2005 By: Deputy �� > � 11. FROM: County Counsel . TO: Clerk of the Board of Supervisors r (0.1his claim complies substantially withl Sections 910 and 910.2. f ' ( ) 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 Cierk 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: I II f Dated: /,1.- 63'0 S"- I By: f7 l CDeputy County Counst i j III. FROM: Clerk of the Board TO:I County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. BORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. O ._ Other: I I certify that this is a true and co l ect copy of the Board's Order entered in its minutes for this date. 01 Dated:✓Q,"',C-�Y o?*' JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING (Gov. code sec 'on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposite in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so i immediately. *For Additional Warning.See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I I now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage full} prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:`�Q'»`'`'orf/d� WHN SWEETEN, CLERK By y Deputy Clerl RECCE ,r DEC 1 2 2005 THE LAW OFFICES OF JONATHAN M. BRAND CLERK BOARJOFSUPERVI80RS CCF!,I RPS C (>'ira L-d. PERSONAL INJURY, WORKERS' COMPENSATION & MEDIATION SERVICES December 9, 2005 Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 RE: Carissa Patague v. County of Contra Costa Dear Clerk: Enclosed please find an original and one copy of a Public Entity Claim against the County of Contra Costa. Please file the original and return the stamped copy to our office in the envelope provided. Thank you for your courtesy and cooperation. Sincerely, LAW /jOFFICES OF JONATHAN BRAND hristy Lyons, arale g (925)295-1670, ext. 16 mailbox 14@i b-law.com /ell Encl. cc: Carissa Patague (w/encl.) JONATHAN M. BRAND • MICHAEL J. RYAN •ALYCE MAURER 1777 BOTELHO DRIVE, SUITE 220 • WALNUT CREEK, CALIFORNIA 94596 TEL: (925) 295-1670 • FAX: (9125) 955-1636 • EMAIL: MAILBOX9@JB-LAW.COM • WWW.JB-LAW.COM ASSOCIATE LAWYERS ARE "OF COUNSEL." BOARD CSUPERI SORS OF CONTRA CO 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 theClerk 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 th I one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claim By: Reserved for Clerk's filing stamp Carissa Pataque j IfBECEIl`lV�E® Against the County of Contra Costa or ) EDEC2 2005 District) CLERK BOARD OP 3UFERUISORS (Fill in the name) I ) COPITRA CUS'iA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$within thel and in support of this claim represents as follows: jurisdictiona'�liimilts of the Superior Court .1)Unlimited Jurisdiction 1. When did the damage or injury occur? (Give exact date and hour) amount according to proof 9/14/05 at approximately 7 : 13 a.m. 2. Where did the damage or injury occur? (Include city and county) Railroad Avenue approximately 416 feet north of E. Leland Road in Pittsburg, Cohtra. Costa County.,� Cal " fornia. 3. How did the damage or injury occur? (Give yfull details;use extra paper if required) see attachment 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? Michelle Goldberg failed to yield the right-of-way to oncoming traffic before making her left turn y 5 What are the names of count ,or district officers, servants, or employees causing the damage or injury? Michelle Goldberg 0 0 1 Attachment to Claim of Carissa Patague Page Two 2 3 3. How did the damage or mJ occur? 4 Claimant was operating her 2000 Honda Civic westbound on Railroad Avenue and was stopped in the driveway of 2285 Railroad Avenue waiting to turn southbound onto Railroad Avenue. She looked to 5 the south and could see a 1999 Honda driven by Erin Thomas approaching as a 2003 Ford driven by Michelle Goldberg and owned by CONTRA COSTA COUNTY was making a left turn. When the Ford 6 crossed into the#2 lane for northbound Railroad Avenue,the Honda's front end collided into the right front area of the Ford. The impact of the collision pushed the Ford into the front of claimant's vehicle. 7 8 8. Names and address ofwitnesses, doctors and hospitals: 9 Witnesses: none other thlan those involved in collision 10 Doctors: James Nichol,,D.C.,Nichols Chiropractic Office,Inc.,1756 Lacassie Avenue,#201, Walnut Creek, CA 94596 11 H.Michael J,41m,M.D., 3701 Lone Tree Way, Ste. 5,Antioch., CA 94509 12 Hospitals: none as of the date of the presentation of this claim 13 9. List the expenditures you made on account of this accident or injury: 14 Date Amount 15 10/28/05 $1,000.00 for collision deductible to Mike Rose's Auto Body 10/11/05 to 11/1/05 $1,115.44 for rental car to Hertz 16 11/4/05 $500.00 to H. Michael Jaffin,M.D. on or about 9/15/05 to present $5,195.00 (and continuing)to James Nichols, D.C. 17 9/14/05 to present General damages in excess of$50,000.00 18 19 Dated: ' LAW OFFICES OF JONATHAN BRAND 20 21 22 JONA BRANII Att ey for Claimant 23 SSA PATAGUE 24 25 26 27 28 NOV, 1. 2005 4-: 28PM O O NO. 2500 R. 3 11.0: 0401404,00 Detailed Customer invoice Page: 1 II 10128/05 5:47PM Mike Rose's Auto Body,Inc. (FRE) 2001 Fremont Street Concord,CA 94520 �^ Phone(925)686-1739 Fax(925)686-1744 BAR#AA075624 EPA#CAI)981159189 CARISSA PATAGUE Date dLass; 9/14/05 21 ST CENTURY INSURANCE COIAPJ 3920 ALTA VISTA CIRCLE PITTSBURG, CA 94565 Year: 00 Make: HONDA Home; 925-432-6284 Model: CIVIC Phone: 925-570-4631 EX00000 Work: 925-287-3614 EX00000 Type:/ Fax: Est.: Michael#305 Style: Adjuster: JUNIE CROSBY Received: 10/05/05 Calor: SILVBR Claim#: 3220980 Del.Date: License: CA 4NJS623 Policy: AP 2516062 Date Paid:10/28/05 Mileage: 78,346 Betterment: VIN: I lI-1GLJ7128YL121740 Deductible: 1000.00 Tln. Description I ]Parts labor Units Refin Units I Other 1 REP NISH PANT QTR PANEL 2 TOW 97.50 3 Repair FRONT BUMPER 4 Repair O/H bumper assy 1.90 5 Rem/Repl RECOND Bumper cover 125.00 2,60 6 Add for Clear Coat 1.00 7 Rem/Repl RT Stiffener 18.57 8 Rem/Repl LT Stiffener 17.43 9 Rcm/RepI Energy absorber Japan/US built 69.41 10 Rcml&cpl Reinforce bar 134.99 i 1 Rcm/Repl Licensc fratno 11.18 020 12 Repair GRILLE 14 Grille 51.66 15 Retn/Repl Molding silver 62.28 16 F=4cpl Emblem standard 10.78 17 Repair FRONT LAMPS 18 Rem/Repl RT Headlamp assy 209.53 0.50 I9 Repair Aim headlamps 0.50 20 Rem/Rcpl LT Headlamp assy 209.95 0.50 21 Repair COOLING 22 Repair Support assy US built 1.00 1.50 23 Repair HOOD 24 Repair Hood US built 1.00 2.80 25 Add for Clear Coat 0.50 26 Overlap -0,40 27 Repair FENDER Zg Remaepl LT Fender 163.16 2.30 2.00 29 Ovcdap Major Adj.Panel -0.40 30 Add for Clear Coat 0.30 31 Add for Edging 0.50 32 Repair Deduct for Overlap -0.50 33 Rem Repl LT Fctndcr stay 8.53 OAC 0 34 RemlRepl LT render liner 39,73 35 Rem Rcpt LT Bady side mldg ru/e Ek 19.98 0,30 36 Rcpeir LT Front panel US built IIY,ma 2.00 0.50 37 Overlap Minor puna -0.20 Y NOV. 1. 2005 4-: 28PI � 0 N0. 2500 P 4 RO: 0401404.00 Detailed Customer Invoice Page. 2 10/28/05 5:47PM 38 Repair RT Feader 0.50 2.00 39 Overlap Major Adj,Panel -0,40 40 Add for Clan Coat 0.30 41 Rem/lrtst RT Bender liner 0.40 42 Repair WINDSHI&LD 43 Retn/lnst RT Nozzle 020 44 Rctn/Inst LT Nozzle 0.20 45 Repair FRONT DOOR 46 LT Door shell 1.10 47 Rcm/Inst LT Sclt Wstrip 0.30 48R&n/ReplLTBody sidemldgC)i DX,HX 64.37 0.30 49 Rem/Inst LT Mirror assy HX 0.40 50 Remanst LT handle,outside CX,DX,HX 0.30 51 Retn/Insr LT R&I trim panel 0.30 52 FLEX ADDITIVE 5.00 53 TINT COLOR 0.50 54 Repair PULL AND SQUARE 55 Rem/Repl CORROSION PROTECTION 0.30 ?.00 56 RemlRepl COVER VFMCLB 0.20 5.00 57 Repair COLOR SAND&POLISH(MAX4.014R. 2.70 58 Repair FRAME RACK SET UP 1.00 59 HAZARDOUS WASTE MATERIAL 4.64 60 Paint Materials 355.00 61 FRT SMPR CVR 165.48 Totals 1.382.031 16.901 14,201 474.14 Total Category I Rate , Units Est. Suppl. Total 13OD'Y LABOR 54.00 13.00 702.00 702.00 PAINT LABOR 54.00 17-10 923.40 923.40 FRAME LABOR 54.00 1.00 54.00 54.00 OEM PARTS 1,091.55 165.48 1,257.03 PAINT MATERIALS 372.00 372.00 TOWING 97.50 97.50 HAZARDOUS'WASTE 4.64 4.64 Subtotals 31.10 3,245.09 165.48 3,410.57 SALES TAX 120.74 13.65 134.39 Grand Total: 31.10 3,365.83 179.13 3,544.96 Date Payment I Received By Method Charge Typt Amount 10/28/05 21ST CENTURY CIC#9836839 Nancy 4199 Check 2,544,96 10/28/05 DEDUCTIBLE Nancy 4199 Check 1,000.00 Total Payments: 3,544.96 Balance Due: 0.00 Note9 Date: 10/25/05 Time: 4:01PM !Written By: Michael 9305 O/M TO CARISSA TO LET HER KNOW THAT I WILL NEED CAR UNTIL TOMORROW DUE TO FINISI41NG THE PUT AND GOOD DHTA.IL.**M.S** I I NOV 1, 2005 4: 28PM Q 0 NO: 2500 P. 5 RO: 0401404.00 Detailed Customer Invoice Page: T 10/28/05 5:47PM REPAID AUTHORIZATION ALL DEDUCTIBLES MUST BE PAID IN FULL BEFORE VEHICLE IS RELEASED I hereby authorize the repair work to be done along I ith the necessary material,and hereby grant you and/your employees permission to operate the car or truck herein described on streets,highways or elsewhere for the purpose of testing and/or inspection. 1 hereby authorize sublet repairs as you Ideem necessary. MIKE'S AUTO BODY WILL NOT BE HELD RESPONSIBLE FOR LOSS OR DAMAGE TO VEHICLE OR ARTICLES LEFT IN VEHICLE IN CASE OF FIRE,THEFT, ACCIDENT OR ANY OTHER CAUSE BEYOND OUR CONTROL, SUBJECT TO T14E ATTACHED CONDITIONS CUSTOMER ACKNOWLEDGES RECEIPT Or COPY HEREOF. As per estimate A Dated written on Mitchell, CCC or,ADP Estimating system per the above referenced claim#&Amt of repairs$ PARTS PRICES SUBJECT TO INVOICE All Cancellations subject to a 20%restocking charge. All payments are due in full prior to release of vehicle. NO PERSONAL CHECKS WITHOUT PRIOR APPROVAL SIGNATURE I DATE I THIS WARRANTY COVERS THE QUALITY OF WORKMANSHIP ONLY AND DOES NOT COVER PARTS, MATERIALS OR EQUIPMENT.MIKE'S AUTO BODY MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED, CONCERNING PARTS,MATERIALS OR EQUIPMENT.PARTS,MATERIAL AND EQUIPMENT MAY BE COVERED BY A MANUFACTURER'S WARRANTY.ALSO EXCLUDED FROM THIS WARRANTY IS NORMAL WEAR AND TEAR,RUST REPAIR,DAMAGE CAUSED BY RUST AND DAMAGE RESULTING FROM UNREASONABLE USE OR ID4PROPER MAINTENANCE OF THE VEHICLE. PAINTING, STRIPES AND DECALS: THE SHOP PROVIDES A PAINT MANUFACTURER LIMITED LIFETIME WARRANTY FROM DATE OF REPAIR ON(I)PAINTING RELATED PRIMING AND PAINTING WORD PERFORMED BY OR AT THE.SLOP AGAINST CRACKING,CHECKING,SEVERE LOSS OF GLOSS CAUSED BY CRACKING OR FADING,AND PEELING OF THE TOPCOAT OR ANY OF THE LAYERS OF FILM INCLUDED IN THE REFINISHING PROCESS;AND(2)EXCEPT FOR DEFECTS'W141CH ARE CASUED BY EXPOSURE TO EXTREME ENVIRONMENTAL CONDITIONS,THE APPLICATION AND ADHESION OF DECORATIVE STRIPES AND DECALS PERFORMED BY OR AT THE SHOP AGAINST LOSS OF ADIYESION, SHOP-WILL RE-PRIME,RE-PAINT,RE-STRIPE,OR RE-DECAL THE SPECIFIC SECTION OR SECTIONS OF THE WARRANTED VEHICLE(EXCLUDING RUST REPAIR),AT ITS SOLE OPTION,WHEN THE CLAIM IS MADE WITHIN THE WARRANTY PERIOD,EXCEPT FOR DEFECTS RESULTING FROM UNREASONABLE USE,MAINTENANI E,OR CARE OF VEHICLE OR EXPOSURE TO EXTREME ENVIRONM1rNTAL CONDITIONS. MECIIANICAL REPAIRS AND PARTS: THE SHOP PROVIDES A ONE(1)YEAR LIMITED WARRANTY FROM DATE OF REPAIR ON ALL MECHANICAL REPAIRS AND NEW OEM PARTS INSTALLED BY OR AT THE SHOP(UNLESS TIIE MANUFACTURER'S WARRANTY FOR SUCH PART IS SHORTER IN DURATION,IN WHICH CASE THE SHOP'S WARRANTY FOR SUCH PART IS SHORTER IN DURATION,IN WHICH CASE THE SLOP'S WARRANTY HEREUNDER FOR SUCH PART SHALL BE LIMITED TO THE DURATION OF THE MANUFACTURER'S WARRANTY). SHOP WILL REPAIR ANY WARRANTED MECHANICAL ASSEMBLY OR COMPONENT,OR WILL REPAIR OR REPLACE ANY DEFECTIVE NEW OEM PART,AT ITS SOLEIOPTION,WHEN A CLAIM IS MADE WITHIN THE WARRANTY PERIOD, EXCEPT FOR DEFECTS RESULTING FROM UNREASONABLE USE,MAINTENANCE, OR CARE OF VEHICLE. THE WRITTEN WARRANTY SHALL BE NULL AND VOID IF THE REPAIR 15 ALTERED,ADJUSTED OR TAMPERED WITH BY ANY PERSON OT14FR THAN THE SHOP. THIS WARRANTY IS NOT TRANSFERABLE,ANY CLAIMS MADE UNDER THIS WARRANTY;THE VEI4ICLE MUST BE BROUGHT BACK TO OUR FACILITY. CLAIMS MADE AFTER ONE YEAR; COPY OF ORGINTAL RECEIPT MUST BE REPRESENTED AT THE TIME THE CLAIM IS REPRESENTED, TMS DOCUMENT WHICH IS NON-TRANSFERABLE 15 BETWEEN THE CUSTOMER NAMED ABOVE AND MIKE'S AUTO BODY,INC. THIS GUARANTEE SHALL NOT BE VARIED, SUPPLEMENTED, QUALIFIED OR INTERPRETED BY ANY PRIOR COURSE OF DEALING BETWEEN THE PARTIES OR BY ARTY USAGE OF TRADE. THIS GUARANTEE WILL ONLY BE HONORED AT THE MIKE ROSE'S AUTO BODY, INC.WARRANTY AUTHORIZED BY: SS/MIKE ROSE - PRESIDENT I -� NOV. 1. 2005 4: 29PM 0 0 NO. 2500 P. 6 RO: 0401404.00 i etailed Customer invoice Page: 4 10/28/05 5:47PM POWER OF ATTORNEY:The undersigned hereinafter called"INSURED"for the consideration of repairs made to "INSURED'S" automobile, does hereby grant to said Mike's Auto Body,INSURED'S power of attorney to sign or endorse any checks and/or drafts made payable to INSURED,and any release thereto,as settlement for insured's claim for damages to the above described vehicle. SIGNATURE DATE I SUPPLEMENTAL AUTHORIZATION I acknowledge notice and verbal approval of an increase in the original estimated price. BY: DATED: ACKNOWLEDGEMENT OF FINAL BILI,: I acknowledge that I have received the "FINAL INVOICE"along with a copy of the"FINAL ESTIMATE"completed by Mike's Auto Body,Inc.for the repairs completed on the vehicle stated on this form. x I Dated: Mike Rose's Auto Body,Inc.(FRE) 2001 Fremont Street Concord,CA 94520 Phone(925)686-1739 Fax(921)686-1744 Sign Iture Date BAR'*AA07562.4 EPA4CAD 981159189 -NOV. 1. 2005 4:�27PM PJC. 25DD P; 2 1i�1llll�flll!lflillfN{llll!!�lli�C{!Iliili��! PATAGUE, CARISSA #1 RN ppp� RA H294337O3 VEH 0129814594396 CLS C MDL 05 KIA LIC CA 5KYWB19 VINO KNAGD128255392420 FUEL: 5 /BOUT 518 IN RENTED:g0" 14111/2005 08:36 $WALNUT CREEK HLE RE7URN:se45 11!011204515'04 @WALNUT CREEK HLE PLAN IN: Custom OUT: Custom RATE CLASS C MILEAGE IN 13464 TOTAL MILES DRIVEN 2287 MILEAGE OUT 11177 MILES ALLOWED 0 TR KMIILES 2280 SASE RATE 22 $32.99 1 DAY $ 725.78 MILEAGE CHG 2287. @$0 1 MILE $$ 0.00 SUBTO7ALI 5 725.78 LDW 22 $14.99 1 DAY $ 329.78 LIS DECLINED $ 0,00 PAI PEC DECLINED D.DO FUEL PURCHASE OPTION $ 0.00 '`. SUBTOTAL 2 5 1055.56 +` TOTAL TAX 8.25°/o OF $ 725.78 $ 59.88 TOTAL CHARGES 8 1115.44 CUSTOMER CHARGE $ 1115.44 CUST. DEPOSIT $ 0.00 CHARGED ON: VI XXXXXXY)D XXX6554 S 1.115. 44 CUSTOMER BALANCE: $ 0.00 COMPANY BALANCE: $ 0.00 STATEMEN'r OF CHARGE;*:- NOT VALID FOR RENTAL G tiltS J V-46d Sn AWAN loaf . 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