HomeMy WebLinkAboutMINUTES - 01132009 - C.09 (7) CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION:JAWARY 13., 2009
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 ) • te copy of this document mailed to
California Government Codes. ) you is your notice of the action taken
on your claim by the Board of
Supervisorsi (Paragraph IV below),
DEC 2008 given Pursuant to Government Code'
AMOUNT: TO BE PROVED Section 913and 915.4.Please note all
COUNTY COUNSEL "Warnings":
MARTINEZ CALIF
CLAIMANT: CASIMIRO FRANCO
ATTORNEY: JONATHAN BAE DATE RECEIVED:. DECEMBER 11, 2008
LAW OFFICES OF JONATHAN BAE
ADDRESS: 2201 BROADWAY, M5BY DELIVERY TO CLERK ON; DECEMBER 11, 2008
OAKLAND, CA 94612
BY MAIL POSTMARKED: HAND DELIVERED
FROM: Clerk of the Board of Supervisors TO:. County Counsel
Attached is a copy of the above-noted claim.
DAVID TWA, Cletk
Dated: DECEMBER 11, 2008 By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of S ervisors
(,.)'This claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so
notifying claimant. The Boardcannot act for 15 days (Section 910.8).
O Claim is not timely filed. The Clerk should return claim on ground that it was filed late and
send warning of claimant's right to apply for leave to present a late claim(Section 911.3).
O Other:
i
Dated: �'Z-�2�1 -0� By: Deputy County Counsel
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. )30ARD ORDER: By unanimous vote of the Supervisors present:
' This Claim is rejected in full.
O Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dat VID TWA, CLERK, By Deputy Clerk
WA ING(GO. code section 913)
Subject to certain exceptions,you have only six(6)months from the date this notice was personally served
or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may
seek the advice of an attorney of your choice in.connection with this matter. If you want to consult an
attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have
been a citizen of the United States, over age 18; and that today I deposited in the United
States Postal Service in Martinez, California, postage fully prepaid a certified copy of this
Board Order and Notice to Claimant, addressed to the claimant as shown above.
Dat AVID TWA, CLERK, By Deputy Clerk
/ C
41
This warning d-bes not apply to claims which
are not subjectto the��California Tort Claims
Act such as actions in inverse-condemnation
actions for specikrelief su'di'asIm ndamus or
injunction, or Federal;Civil Rights!claims. The
above list is not exhaustive_and legal
1.
+,
consultation is essentia146-i nderstand all the
separate limitations periods that may apply.
The limitations period within which suit must
be filed may be shorter or longer depending on
the nature of the claim. Consult the specific
statutes and cases applicable to your particular
claim.
The County of Contra Costa does not waive any
of its zrights under California Tort Claims Act
nor,,do- it waive rights under the statutes of
limitations applicable to actions not subject to
the California Tort Claims Act .
BOARD OF SUM.— ISORS OF CONTRA COSTA COL' �Y
INSTRUCTIONS TO CLAIMANT
A, A claim relating to a cause of action for death or for injury to person or to personal property or
gro)ving crops shall be presented not later than six months after the accrual of the cause of
action, A claim relating to any other cause of action shall be presented not later than one year
after the accrual of the cause of action.
(Gov. Code § 911.2.)
B, Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106,
County Administration Building, 651 Pine Street,Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the
name of the District should be filled in.
D, If the claim is against more than one public entity, separate claims must be filed against each.
public entity.
E. Fraud, See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
■ a a s a a a a s a a a s a a a a a s a a a e a t e a a a a R a a a asaaaalaaa■IRK a 0a ago■a■ al
Pte: Claim By: Reserved for Clerk's filing stamp
CA S 1.1n ► RO R2,anl CO )
ReCe1 Vt p
Against the County of Contra Costa or ) DEC
) 1 ' 2008
District) CLERK BOh.i0 OF is
CONY? DERV oas
(Fill in the name) ) �� ;y co
Tlie undersigned claimant hereby makes claim against the County of Contra Costa or the above-named
district in the sum of$to be-plOyed and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
Oho /2Al2-00 e C,-t /8: 35
2. Where
here did the damage or injury occur?r(Include city andcounty)
PittIoW -PA5,5Q,C�. w/ GPA COS76r)- Cou
--ri
3. How�d�id�the damage or injury occur? '(G•(Give full nndel,tails; u�s1e extra pap r tf required) � �� s4
op�aNtA WA3 cl( ,V1 �C 0►J W�I IOW t��� Qv Slawe.cldoWV1 CAMe�- ' OP P P
a./- -tl, r n-krsee-A'on� Wi�Z, N. f3rxd w t� w"AKa a ►rr.c(Sc l i e�+
S+citc� row eL-.:��! .j'hintva�J moi,:, d �Ut r,V way fear e, d¢d b Cr q,,ji4� Pob'Ce cAr'-tt,�,,,
4. What particular, act or omission on tie part of county or district officers, s�ants, or employees fe0--re,,&eC1
caused the injury or damage? fes; 1^ �o S bo W dotes r 0,6 ho-1- kaoj 7�r- tit !. FA4 A co
C( fe z5oNab1c. C1 r.+o c2. t. der qte-� c'rrcu mvf-.4 n ce-&
5e"' POhic�& "Or- .�r &46 $ ( VC 22 350 CVG
5 What are the names of county or district officers, servants, or employees causing the
damage or injury? I
KeNNetL uAib�N (Co N +R4 6o5-474
•
6= WLL-& d nage or injuries do your claim resulted? (Give full extent of injuries or damages
claimed. Attach two estimates for auto damage.) _ g Z 36.
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�L►'i
ATE OF CALIFORNIA
TRAFFIC COLLISION REPORT / a
CHP`S55;.'QRS Page 1 (Rev 1-03)OPI 061 �� T �., ,. Page ol 'U
SPECIAL CONDITIONSRumnEn w�a nuN CITY JUDICIAL DISTRICT LOCAL REPORT NUMBER
ON-OUTYEMERGENC'i VEHICLE w/°RER 0 UNINC.COCO DELTA COURT
NuuuER laueD tlTF COUNTY REPORTING DISTRICT BEAT -� 7
0 - CONTRA COSTA 71 J
COLLISION OCCURRED ON: MO DAY YEAR TIME(24M) NCIC A OFFICER I.D.
Z WILLOW PASS RD _ 6/28/2008 1711 9320 018346
OMILEPOST INFORMATION: DAY OF WEEK TOW AWAY PHOTOGRAPHS BY X NONE
Q SATURDAY
C) YES NO
0 X AT INTERSECTION WITH: _ STATE HWY REL
OR: N.BROADWAY AVE YES X No
PARTY •ORIVERS LICENSE NUMBER STATE CLASS AIRBAG SAFETY EQUIP VEH YEAR I MAKE IMODEL I COLOR LICENSE NUMBER STATE
I C3225212 CA - C M G 2001 FORD CROWN VI WI-1I 1074173 CA
DRIVER NAME(FIRST,MIDOLE.LAST) N DU rY EN Y VEHICLE
X .KENNETH HUTTON OWNERS NAME
- SAME AS DRIVER
PEDES STREET ADDRESS CONTRA COSTA SHERIFF
TRAM
1980 MUIR RD OWNERS ADDRESS SAME AS ORNER
PARKED OTY I STATE I ZIP 1980 MUIR RD MARTINEZ CA 94553
VEHICLE
MARTINEZ CA94553 DISPOSITION OF VEHICLE ON ORDERS OF. OFFICER X DRIVER OTHER
BICY- SEX- HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE DROVE FROM SCENE
CLIST Mo Day Year
M E BLU -6-02 280 3/2/1967 W PRIOR MECH.DEFECTS X NONE APP. REFER TO NARRATIVE
OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER.
(925)646-2441 VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA
INSURANCE CARRIER POLICY NUMBER LINK NONE MINOR I,/I�/`1r
SELF-INSURED. 48 X MOD MAJOR ROLL-0VER
DIR OF TRAVEL ON STREET OR HIGHWAY SPEED LIMIT CA
ooT
E WILLOW PASS RD 35
CAL-T TCP/PSC MC/Mx
PAHTV DRIVERS LICENSE NUMBER STATE CLASS AIRBAG SAFETYEOUIP. VERYEAR MAKE/MODEL I COLOR LICENSE NUMBER STATE '
2 68514192 CCA M G 2001 FORD WINDSTAR SIL 4NVT527 CA
,DRIVER NAME(FIRST,MIDDLE.LAST)
X BAL3IT SINGH OWNERS NAME X"SM,4EASDRNER
PEDBS- STREET ADDRESS
TRIM
• 317 ROUNDHILL DR - OWNERS ADDRESS X SAMEASORIVER r
PARKED CITY I STATE I ZIP - t
VEHICLE BRENTWOOD CA 94513
DISPOSITION OF VEHICLE ON ORDERS OF OFFICER X DRIVER OTHER
BICY- SEXHAIR EYES HEIGHT WEIGHT BIRTHDATE RACE DROVE AWAY FROM SCENE
CLIST MR Day Year
M BLK BLK 5-07 165 5/23/1969 O PRIOR MECHANICAL DEFECTS X NONE APP REFER TO NARRATIVE
OTHER I HOME PHONE - BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER.
(925)354-4639 (925)634.2358 VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA
INSURANCE CARRIER POLICY NUMBER 'LINK NONE X MINOR.
AAA LB-76-98-2 - OSGL:77)111 MOO MAJOR ROLL-OVERDIR OF TRAVEL ON STREET OR HIGHWAY SPEED LIMITCA DOT
E WILLOW PASS RD - CAI--T TCPPSC me
PARTY DRIVER'S LICENSE NUMBER STATE CLASS AIRBAG. SAFETY EQUIP. VEH.YEAR MAKEIMODELICOLOR LICENSE NUMBER STATE
3: D5671590 CA U M G 1996 CHEV S-10 WHT 7P46723 CA
O..V(R NAME(FIRST,MIDDLE.LAST)
.X- C`ASIMIRO FRANCO OWNERS NAME X SAME AS DRNER
-
DES' STREET ADDRESS
TRIAN
204 ALVARADO AVE OWNERS ADDRESS
X SAME AS DRIVER
6 ED CITY I STATE I ZIP
VEHICLE
PITTSBURG CA 94565 DISPOSITION OF VEHICLE ON ORDERS-OF X OFFICER DRIVER OTHER
BICY. SEX HAIR EVES HEIGHT WEIGHT BIRTHDATE RACE EAST COUNTY TOW-(925)439-1141
-LIST MP Day Year
M Bi BRN S-1 210 7/3/1948 H PRIOR MECHANCIAL DEFECTS X NONE APP, REFER TO NARRATIVE
'HER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER:
(925)427-7386 NONE VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA
INSURANCE CARRIER POLICY NUMBER UNK NONE MINOR
UNITRAN 4501929 22 X MOD MAJOR ROLL R 1
rE
OF TRAVEL ON STREET OR HIGHWAY SPEED LIMIT ' 1
WILLOW PASS RD C^ DoT I I 11
35 CAL T TCPIPSC MC/Mx J�
ARER'S NAME DISPATCH NOTIFIED R IEWER' AME DATEREVIEWED
)OK JR 018346 YES NO X NIA
E OF CALIFORNIA
...AFFIC COLLISION CODING
CHP 655 CARS Paget(Rev. 1-03)OR 061 P888 2 DI 10
DATE OF COLLISION(MO. DAV YEAR) TIME(2100) NCIC 4 OFFICER I.D. NUMBER
6/28/2008 1711 9320 018346
OWNER OViNER ADDRESS NOTIFIED
PROPERTY [DYES ❑NO
DAMAGE DESCRIPTION OF DAMAGE
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 -CELL PHONE HANDHELD
8
B-UNKNOWN N-OTHER - V-NO -X-NO -CELLPHONE H
C-LAP BELT USED P-NOT REQUIRED W-YES Y-YES C-ELECTRONIC EQUIPMENT
D-RADIO/CD
2 3 1•DRIVER D-LAP BELT NOT USED E-SMOKING
E-SHOULDER HARNESS USED
270 6-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-LAPISHOULDER HARNESS USED 0-NOT EJECTED
B-RR.OCC TRK.OR VAN R-IN VEHICLE NOT USED H-ANIMALS
H-LAPISHOULDER HARNESS NOT USED 1-FULLY EJECTED
8•POSITION UNKNOWN S-IN VEHICLE USE UNKNOWN 2-PARTIALLY EJECTED I- PERSONNEL HYGIENE
J
J-PASSIVE RESTRAINT USED 0-OTHER K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE 3-UNKNOWN J- READING
U-NONE IN VEHICLE K-OTHER
ITEMS MARKED BELOW FOLLOWED 13Y AN ASTERISK(')SHOULD BE EXPLAINED IN THE NARRATIVE.
PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES I 2 3 SPECIAL INFORMATION 1 2 3 MOVEMENT PRECEDING
UST NUMBER M OF PARTY AT FAULT COLLISION
I VC SECTION VIOLATED: CITEDF�TfES A CONTROLS FUNCTIONING A HAZARDOUS MATERIAL X X A STOPPED
A Z23SSO ONO B CONTROLS NOT FUNCTIONING' B CELL PHONE HANDHELD IN USE X 8 PROCEEDING STRAIGHT
B OTHER IMPROPER DRIVING' C CONTROLS OBSCURED C--CELL PHONE HANDSFREE IN USE C RAN OFF ROAD
X 0 NO CONTROLS PRESENT f FACTOR' X X 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 IG 32 FT TRAILER COMBO G BACKING
X C REAR END H H SLOWING I STOPPING
WEATHER (MARK 1 TO 2 ITEMS) D BROADSIDE 1 I PASSING OTHER VEHICLE
X A CLEAR - E HIT OBJECT J J CHANGING LANES
B CLOUDY F OVERTURNED K K PARKING MANEUVER
C RAINING G VEHICLE)PEDESTRIAN L L ENTERING TRAFFIC
D SNOWING H OTHER': M M OTHER UNSAFE TURNING
E FOG I VISIBILITY FT. N I N XING INTO OPPOSING LANE
F OTHER:' MOTOR VEHICLE INVOLVED WITH O 1 O PARKED
G WIND A NON-COLLISION P - P MERGING
LIGHTING - B PEDESTRIAN Q O TRAVELING WRONG WAY
X A DAYLIGHT X C OTHER MOTOR VEHICLE ) 2 3 OTHER ASSOCIATED FACTORS R OTHER':
B DUSK-DAWN D MOTOR VEHICLE ON OTHER ROADWAY (MARK 1 TO 21TEMS)
C DARK-STREET LIGHTS E PARKED MOTOR VEHICLE A wsccT wU``m WWYES
D DARK-NO STREET LIGHTS F TRAIN 8NO
E DARK-STREET LIGHTS NOT G BICYCLE X B 1O8E0T10M`A0L`TE: eRE° ®res
FUNCTIONING' H ANIMAL: 24603(E) NO SOBRIETY-DRUG
ROADWAY SURFACE - waecTwN valAt[a crteo PHYSICAL
X A DRY I FIXED OBJECT: C 81 p 1 213 (MARK 1 TO2ITEMS)
8 WET O X X X JA HAD NOT SEEN DRINKING
C SNOWY-ICY J OTHER OBJECT: E VISION OBSCUREMENT: B-HBD-UNDER INFLUENCE
D SLIPPERY(MUDDY,OILY,ETC.) F INATTENTION': C HOD-NOT UNDER INFLUENCE'
ROADWAY CONDITIONS) G STOP&GO TRAFFIC D HBD-IMPAIRMENT UNKNOWN'
(MARK 1 TO 21TEMS) PEDESTRUUWS ACTIONS H ENTERING I 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 G IMPAIRMENT NOT KNOWN
C OBSTRUCTION ON ROADWAY' AT INTERSECTION K DEFECTIVE VEH.EQUIP.: CITED H NOT APPLICABLE
D CONSTRUCTION-REPAIR ZONE C CROSSING IN CROSSWALK-NOTYES I SLEEPY!FATIGUED
E REDUCED ROADWAY WIDTH AT INTERSECTION - 8'ND
F FLOODED' D CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE
G OTHER' E IN ROAD-INCLUDES SHOULDER X M OTHER': V-2 STOPLAMPS
X H NO UNUSUAL CONDITIONS F NOT IN ROAD X N NONE APPARENT
G APPROACHING/LEAVING SCHOOL BUS O RUNAWAY VEHICLE
$KETCH FOR SKETCH DIAGRAM,SEE PAGE 4 0 Mlsc ANEOUS
INDICATE NORTH
STATE OF CALIFORNIA
INJURED/WITNESSES I PASSENGERS Page 3 of 10
CHP'555 CARS Page 3 Rev 1-03 OPI 061
DATE OF COLLISION(MO. DAY YEAR) TIME(2400) NCIC Y OFFICER I.D. NUMBER
6/2812008 17 Ll 9320 018346
WITNESS PASSENGER AGE sex EXTENT OF INJURY('X'ONE) INJURED WAS('X'ONE) PARTY SEAT AIR SAFETY EJECTED
ONLY ONLY NUMBER
FATAL SEVERE OTHER VISIBLE COMPLAINT POS. BAG EOUIP.'
INJURY INJURY WURY OF PAIN DRIVER PASS. PED. BICYCOST OTHER
❑it Vic, 62 M ❑ ❑ I ❑ I ❑ ❑ ❑ I ❑ 1 ❑ 1 ❑ 2 3 M I G 0
NAME I D.O.B.I ADDRESS TELEPHONE
GIAN SINGH (04/01/1946) 317 ROUNDHILL DR BRENTWOOD CA 94513 (925)634-2358
(INJURED ONLY)TRANSPORTED BY'. TAKEN TO:
j DESCRIBE INJURIES:
VICTIM OF VIOLENT CRIME NOTIFIED
❑ ❑X 69 1 M ❑ ❑ ❑ I ❑ ❑ ❑ L_ 1 ❑ 2 6P G 0
NAMEID.O.B./ADDRESS - TELEPHONE
GURBACHAN SINGH 04/02/1939 1879 CHAPARRAL DR PITTSBURG CA 94565 (925)232-3921
(INJURED ONLY)TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES:
VICTIM OF VIOLENT CRIME NOTIFIED
❑ ❑ O ❑ ❑ ❑ IF-110,101 DI ❑
NAME/D.O.B.I ADDRESS TELEPHONE
(INJURED ONLY)TRANSPORTED BY:. TAKEN TO:
DESCRIBE INJURIES:
- El- - VICTIM OF VIOLENT CRIME NOTIFIED
❑° ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a .
NAME/D.O.B.I ADDRESS - TELEPHONE
(INJURED ONLY)TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES:.
VICTIM OF VIOLENT CRIME NOTIFIED
❑# ❑ ❑ ❑ ❑ ❑ lololol o lol
NAME I D.O.B.I ADDRESS TELEPHONE
(INJURED ONLY)TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES.
VICTIM OF VIOLENT CRIME NOTIFIED
❑# ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ El
NAME I D.O.B.I ADDRESS TELEPHONE
(INJURED ONLY)TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES:
❑ VICTIM OF VIOLENT CRIME NOTIFfEO
PREPARER'S NAME 1.D.NUMBER MO. DAY YEAR REVIEWER'S NAME MO. DAY YEAR
T.COOK 1R 018346 6/28/2008
STATE OF CALIFORNIA
SKETCH DIAGRAM
CHP 555Page 4tRcv. 9-97) OP!lkl2 PAGE 4 OF If7
DATE OF INCIDENT TIME 9 NUMBER OFFICER I.D. NUMBER
06/28/2008 )Zli 9320
ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED(SCALE= N,)INC )
WILLOW PASS ROAD E/B
N
Painted Solid Double _
Yellow Lines
Painted Solid
White Line
N. Broadway Ave.
Shoulder
_ Painted Solid
White Line
V-3
2
V-2
1
V-1
E #1
PREPARED BY ID. NUMBER DATE REVIEWER'S NAME DATE
T Cool', 59. I$3�{.� 2812008
STATE OF CALIFORNIA
.FACTUAL DIAGRAM
CHP 555 Page 4(Rev.8-97) OPI 042 PAGE 5 OF 10
DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER
06/28/2008 1711 9320 018346
A(_L MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED(SCALE= NONE )
WILLOW PASS ROAD E/B
N
Painted Solid Double
Yellow Lines
Painted Solid
White Line
N. Broadway Aver
Shoulder
_ Painted Solid
White Line
E #1
to
kL �ERICLCS MZVEn PRA is CNP RPPJVNL AND M8 SIU,14 OF MS(CRI,. F-W)ENtE.N4 Rbq W ,
PREPARED BY I.D.NUMBER DATE REVIEWER'S NAME DATE
T. COOK JR 018346 06/28/2008
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL PAGE 6 OF 10
DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER
06/28/2008 1711 9320 018346
1 FACTS
2
3 NOTIFICATION: I received a call from CHP dispatch of a property damage traffic collision
4 at 1711 hours. I responded from California Ave at Harbor St and arrived on scene at 1801
5 hours.
6
7 All times, speeds and measurements in this investigation are approximate. Measurements
8 were taken by visual/estimation except where otherwise indicated.
9
10 SCENE: At the scene of this collision, Willow Pass Rd is a two-way eastbound/westbound
11 divided roadway located in the unincorporated county of Contra Costa. There is one
12 eastbound lane and one westbound lane. The eastbound and westbound lanes are
13 separated by solid double yellow lines. The eastbound lane has a solid white line at the
14 south roadway edge and the westbound lane has a solid white line at the north roadway
15 edge. There is an asphalt shoulder at the north and south roadway edge of Willow Pass
16 Rd. Willow Pass Rd at this location is primarily composed of asphalt. The roadway is flat
17 and straight. The speed limit at this location is 25 mph. See Factual Diagram.
18
19 PARTIES:
20
21 Party#1 (Hutton) was located at the scene standing next to V-1. P-1 was identified by a
22 valid California driver license. P-1 was placed as the driver of V-1 by the following items:
23 - P-1 stated that he was the driver of V-1 at the time of the collision
24 - The seat of V-1 was adjusted to fit the stature of P-1
25
26 Vehicle # 1 (Ford) Party # 1's vehicle was located at the scene onthe right hand shoulder
27 of Willow Pass Rd eastbound, facing in easterly direction. V-1 sustained minor damage to
28 the front push bar on the front bumper. No prior mechanical defects were claimed or noted.
PREPARED BY I.D.NUMBER DATE REVIEWER'S NAME DATE
T. COOK JR 018346 06/28/2008
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL PAGE 7 OF to
DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER
06/28/2008 1711 9320 018346
1 Party#2 (Singh) was located at the scene standing next to V-2. P-2 was identified by a
2 valid California driver license. P-2 was placed as the driver of V-2 by the following items:
3 -P-2 stated that he was the driver of V-2 at the time of the collision
4 -P-2 was the registered owner of V-2
5 -The seat of V-2 was adjusted to fit the stature of P-2
6
7 Vehicle#2 (Ford) Party# 2's vehicle was located at the scene on the right hand shoulder
8 of Willow Pass Rd eastbound, in front of V-1, facing in an easterly direction. V-2 sustained
9 minor damage to the rear and front bumper. No prior mechanical defects were claimed or
10 noted.
11
12 Party#3 (Franco) was located at the scene standing next to V-3. P-3 was identified by a
13 Mexican I.D. card, a driver license check which returned confirming P-3 was unlicensed
14 and matching descriptors provided by CHP dispatch. P-3 was placed as the driver of V_
15 by the following items:
16 -P.-3 stated that he was the driver of V-3 at the time of the collision
17 -P-3 was the registered owner of V-3
18 -The seat of V-3 was adjusted to fit the stature of P-3
19
20 Vehicle#3 (Chevy) Party# 3's vehicle was located at the scene on the right hand
21 shoulder of North Broadway Ave northbound, facing in a northerly direction. V-3 sustained
22 moderate damage to the rear bumper. No prior mechanical defects were claimed or noted.
23
24 OTHER FACTUAL INFORMATION:
25
26 P-2 stated V-2's brake lights were working prior to the collision. I checked if the brake
27 lights of V-2 were working at the scene of the collision while the vehicle was on. I observed
28 that the brake lights of V-2 did not light up when the brake pedal was applied.
PREPARED BY I.D.NUMBER DATE. REVIEWER'S NAME DATE
T. COOK JR 018346 06/28/2008
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL PAGE 8 of 10
DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER
06/28/2008 1711 9320 018346
1 STATEMENTS:
2
3 Party#1 (Hutton) related to me he was the driver of V-1 (Ford), traveling on Willow Pass
4 Rd eastbound, at approximately 25-27 MPH. P-1 stated that there was a car length and a
5 half distance between his vehicle and V-2 as they traveled on Willow Pass Rd. P-1 related.
6 to me that V-2 then appeared to be stopped in the lane in front of him. P-1 stated that the
7. brake lights of V-2 were. not on, as it was stopped in the lane. P-1 related to me that his
8 car was at a 5-10 feet gap from V-2 when he began "threshold braking". P-1 stated.that his
9 vehicle then skidded into V-2. P-1 related to me that his vehicle bumped V-2 with the push
10 bar.
11
12 Party #2 (Singh) related to me that he was the driver of V-2 (Ford), traveling on Willow
13 Pass Rd eastbound, at approximately 20 MPH: P-2 stated that he saw V-3 come to a stop
14 in front of his vehicle. P-2 related to me that he did not remember seeing a left turn signal
15 being given by V-3. P-2 stated that he then.stopped his vehicle behind V-3. _P-2 related to
16 me that he saw V-1 coming behind his vehicle "a little fast". P-2 stated that he had his foot .
17 on the brake when V-1 hit his vehicle from behind. P-2 related to me that his vehicle was
18 pushed forward into V-3's bumper. P-2 stated that his brake lights were working prior to
19 being hit by V-1.
20
21 Party#3 (Franco) related to me that he was the driver of V-3 (Chevy), traveling on Willow
22 Pass Rd eastbound, at a complete stop. P-3 stated that he was at a complete stop and was
23 preparing to make a left turn onto North Broadway Ave. P-3 related to me that he had his
24 left turn signal on while waiting for cars to pass by in the aFPat djred��P shied that his
25 vehicle was then hit from behind by V-2.
26
27
28
PREPARED BY I.D.NUMBER DATE REVIEWER'S NAME DATE
T. COOK JR 018346 06/28/2008
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL PAGE 9 OF Io
DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER
06/28/2008 1711 9320 018346
1 OPINIONS AND CONCLUSIONS:
2
3 SUMMARY: P-1 was driving V-1 (Ford) traveling on Willow Pass Rd eastbound, at
4 approximately 25 MPH. P-2 was driving V-2 (Ford) traveling on Willow Pass Rd
5 eastbound, at approximately 20 MPH. P-3 was driving V-3 (Chevy) traveling on Willow
6 Pass Rd, at a complete stop.
7
8 P-3 was driving V-3 in the eastbound lane then signaled and came to a complete stop to
9 make a left turn onto N. Broadway Ave. P-2 driving V-2 in the eastbound lane saw V-3
10 come to a.stop. P-2 driving V-2 then came to a complete stop behind V-3: P-1 was driving
11 V-1 in the eastbound lane when V-2 came to a stop in front of V-1. P-1 then applied the
12 brakes of V-1 but was unable to stop V-1 before impacting V-2's rear bumper. V-2 was
13 then pushed forward by V-1 into the rear of V-3 upon impact. V-1 and V-2 were moved to
14 the right hand shoulder of Willow Pass Rd and V-3 moved to the right hand shoulder of N.
15 Broadway Ave. prior to CHP arrival.
16
17 AREA OF IMPACT: The #1 area of impact was determined to be 20 feet north of the south
18 roadway edge of Willow Pass Rd eastbound and 5 feet west of the west roadway edge of
19 N. Broadway. The #2 area of impact was determined to be 18 feet north of the south
20 roadway edge of Willow Pass Rd eastbound and 9 feet east of the west roadway edge of
21 N. Broadway.
22
23 CAUSE: The cause of this collision was determined to be due to a violation of 22350 CVC,
24 which states in part that:
25
26 No person shall drive a vehicle upon a highway at a speed greater than is reasonable or
27 prudent having due regard for weather, visibility, the traffic on and the surface and width of,
28 the highway, and in no event at a speed which endangers the safety of persons or property.
PREPAFED BY I.D.NUMBER DATE REVIEWER'S NAME DATE
T. COOK JR 018346 06/28/2008
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL PAGE 10OF 10
DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER
06/28/2008 1711 9320 018346
1 P-1 caused this accident by driving V-1 at a speed that was.unsafe due to the traffic
2 conditions and visibility on Willow Pass Rd eastbound. Due to these circumstances P-1
3 caused V-1's front push bumper to collide into V-2's rear bumper causing V-2 to collide into
4 V-3's rear bumper.
5
6 A possible associated factor to this collision was that V-2 was not equipped with properly
7 working stop lamps. This is a violation of Section 24603 (e) CVC which states in part every
8 vehicle which is not in combination with any other vehicle shall at all times be equipped with.
9 stop lamps mounted on the rear as follows:
10
11 Stop lamps on vehicles manufactured on or after January 1, 1979, shall emit a red light. All
12 stop lamps shall be plainly visible and understandable from a distance of 300 feet to the
13 rear both during normal sunlight and at nighttime.
14-
15 Summary, area of impact and cause were determined by statements and damage/location
16 of the involved vehicles.
17
18 RECOMMENDATIONS
19
20 None
PREPARED BY I.D.NUMBER DATE REVIEWER'S NAME DATE
T. COOK JR 018346 06/28/2008
o
C & 0 F 1 ERPRISES LLC DBA CARLOS ' r,- 7Y SHO-
1960 ADELINE S'r
510-035-9907
CD LOG NO 550-1 DATE 08/11/08
�_:h.T_:•-1C _ `1'�� ::-j,'..L� rri,.--. .-i.:= n, - it - in
ADDRESS : 1960 ADELINE STREET CONTACT:Y JORGE
CITY STATE: OAKLAND, CA PHONE 1 : (510) 835-9907
gTP: 94607 PHONE 2 : (51n) 35-9908
CELL PHONE: (510) 230-9150
FAX:, (510) 835-4124.
EMAIL: CA.RLCSRr.," nn�;sr@ BCGL^ AI:-T,-ET
OWNER: FRANCO, CASIMIRO CELL PHONE : (925) 497-1814
POINT OF TMFZ1' O
LIC#: 7P46723 STATE: CA VIN: 1GCCS1.94XT8123930
BODY COLOR: WHITE MILEAGE : 118, 127
C. ')ITTC, . G. . .. :Tip= -T' -L,-
DRIVEABLE:
T DRIVEABLE: YES VEH. INSP# :
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EC=REPLACE ECONOMY UE=REPLACE OE SURPLUS UC=RECONDITIONED PRT
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TE=PARTL REPL PRICE ET=PARTL REPL LABOR IT=PARTIAL REPAIR
I=REPAIR L=REFINISH BR=BLEND REFINISH
TT=TWO-TONE Cr,=CHT P,U ,?D `ITBr,FT
N=ADDITIONAL LABOR RI=R&I ASSEMBLY P=CHECK
AA=APPEAR ALLOWANCE RP=RELATED PRIOR UP=UNRELATED PRIOR
OPEN FOR HIDDEN DAMAGE
l9qG, Ch= LET Slr) yS __ -0_. EXT _AB �._YL .J=.., ,L_r4E _ . _
CODE : U8524A/C OPTNS F/24GO
i PTT:^:NTF
TWO-STAGE - EXTERIOR SURFACES TWO-STAGE INTERIOR SURFACES
REAR STEP BUMPER POWER STEERING
OP GDE MC DESCRIPTION MFG.PART NO. PRICE AJb' B': HOURS R '
F 0566 TfTTFrT.ER ^GF ,_^-.?V l ,9'D M AIR ^q1 nr i! q
__._ ...- ---r.._ _ - _
I 0389 PANEL,BEDSIDE LT REPAIR 5 . 0*1
0389 PANEL, BEDSIDE LT REFINISH 3 . 1 4
T 04-.1 -74-I,,T., -T.TT.(:7�TF r7P7�_IR.
L 0479 SHELL, TAILGATE REFINISH 2 . 6 4
E 0379 01 N/PLATE, TAILGATE 15126056 GM PART 38 .20 0 . 3 1
F r57^ pAn* r. �: L ^, ; T7,_T. , ?r =" N <:T ' . ,, ^ _ _
1996 CHEVROLET S10 LS -')OR EXT CAF
CD LOG NO 5r- __
L 0572 PANEL, REAR BODY SILL REFINISH 1 . 0 4
E 0585 SILL, REAR CROSS 12377418 GM PART 118 . 34 3 . 6 1
0585 STT.T. REAR. CROSS RE�'IivTTSr - • -
E 0558 46 BUMPER, REAR STEP 15647700 GM PART 163. 62 1 . 1 1
L 0558 BUMPER, REAR STEP REFINISH 1 . 4 4
13 its ,m n BUMPER
i n n OUTE
m 12 J,11 '+ 3 ' Tn 4,� 15 - � 3 1
E i, ,n � # Es..�N, .:,R _,.TN':P,t ,�T:T=-. T.y -- -,�.Jly _ ,yPd P,-_<.T _ _ . =J (=, - _
# = 01, 46
L 0385 13 EXTN, RR BUMPER OUTE LT REFINISH 1 . 2 4
, ttTTr� ?39?' 1 n
R.,86 F.XTT.r. P. R';,r,TP,;,R T: i c R" ? :. 38.:i t.� r_T,a 7,A.
# = 01, 46
L 0386 EXTN, RR BUMPER OUTE RT REFINISH 0. 4 4
F. \i:i39 vG 'r2•R„'v.,'f' T.;T:.,'i,ti, riTTiv?:^P RTm T:'{+ 7r(�.^.c•��� -TI RT ii\T:”
E 0540 46 BRKT, REAR BUMPER MT RT 15685208 GM PART. 19.45 INC 1
E 0573 49 BRACE, REAR BUMPER LT 15647613 GM PART ' 13. 01 1
E 0574 49 BRACE, FEAR TSTTT PER RT I S66 l-7,1 1 Gom i=AR.T 1
E 1060 02 RETAINER, RR STEP BMPR 15678978 GM PART . 64 1
E 0383 46 PAD, REAR BUMPER STE LT 15647617 GM PART 28 . 99 1
C;i lti4 an rE_An r•n y n I -7 r �
E . - P� _ , _ . FT,Jr.fF'r._., TF RT _ _e_:4 ; �,i 0 ,ANT PA_R. ' t9
23 ITEMS
MC MESSAGE (S,
01 CALL DEALER FOR EXACT PART NUMBER- / PRICE
02 PART NO. DISCONTINUED, CALL DEALER FOR EXACT PART NO
I INC7.TTT)EC T F, II�'li'R.r� Ci .; 'I n3rl FT. TW!-i-`'^`A'ZF TLC-:WAN,—_E_.
46 PRINTABLE PXN COMPARE
49 UNPRINTED PXN COMPARE
FINAL CALCULATIONS & ENTRIES
GROSS PARTS, 896 . 57
PAINT NLAT_ER17, r 34r , 80
PARTS & MATERIAL TOTAL 1 , 245. 37
TAX ON PARTS & MATERIAL @ 8 . 750`' 108 . 97
LABOR RATE REPLACE HRS REPAIR HRS
1-SHEET METAL 75. 00 6. 0 7 . 0 975 , 00
-MECH/ELEC 1^ nr,
3-FRAME 80 . 00
4-REFINISH 75 . 00 10 . 9 817 . 50
ri—PAINT MTAT-PRIAL
LABOR TOTAL 1 , 882 . 50
SUBLET REPAIRS
TO w Tr.,
STORAGE
GROSS TOTAL
NET TOTAL 3, 236. 84
SHOPLINK U9502 ES CD LOG 550-1 DATE 08/11/08 01 : 23 : 35PM R6. 37 CD 06/08
PxN: v;08/Or, !Cn Oq/nr,1. 11 �I:.; n. , ^;',n r� ;'n - - -nr.On 8450
HOST LOG
(C) 1998 - 2007 AUDATEX NORTH AMERICA, INC.
AGF, 7
1996 CHEVROLET S10 LS 'OR EXT CAF:
CD LUG NO 5510-1
2 . 3 HRS WERE ADDED TO THIS EST . BASED ON AUDATEX TWO-STAGE REFINISH FORMULA.
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