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HomeMy WebLinkAboutMINUTES - 01041994 - 1.24 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 4 , 1 9 9 4 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all •Warnings". CLAIMANT:BERMAN, Ronald Dr . ATTORNEY:Hyde & Drath Rick .J. Murphy, . Esq . Date received ADDRESS: 44 Montgomery St . , Ste . 3300 BY DELIVERY TO CLERK ON Decemhpr 10 , 1 993 San Francisco , CA 94104 BY MAIL POSTMARKED: l)Pr•PmhPr 9 , 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppH g DATED: m�(w2� ( [� . 1gc13 a 11 Deputy OR, Clerk Q �� �0J& I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: -be_C.R�" l�/ �, ��!' �3 BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Admin i rator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (N/) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. �1 Dated: UN 4 ® � � PHIL BATCHELOR, Clerk, By-0 M 6 ; . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. iefor additional warnina 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 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: a, 5 m wi, BY: PHIL BATCHELOR by Deputy Clerk .CC: County Counsel County Administrator CLAIM TO:. BOARD OF SUPERVISORS OF CONTRA CO§ Yapplication to: • Instructions to C1aitC!erk of the Board P.O.Box 911 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than a Is he accrual of the cause of action. Claims relating nyok cause of action must be. presented not later than one year after the accrual of the cause of action. (Sec.. 911. 2, Govt. Code) 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, California 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 end his form. RE: Claim by ) Reserved for Clerk' s filing stamps Dj_ RQnal d RPrman ) RECEIVED Against the COUNTY OF CONTRA COSTA) DEC 10 1993 or _ DISTRICT) CLERK 3omRD OF SUPERvisOHS Fill in name ) CONTRA ce�T� '�• The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date 8nd hour July 26, 1993 . dar.-ge or in jury occur_'? Un;!Zae C1 - a_^_d co131ty1 ---- Dr. Berman's office, 2023 Vale Road, San Pablo, California ----H-- ---------------------------------------------- 3. ow--did----the-----d-amage------o-r-injury occur? (Give full details, use extra sheets if required) Inhilation of toxic chemical spill generated from General Chemical Co. Railcar located in nearby Richmond, California. ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Contra Costa County was negligent in its emergency preparedness and warning system; in the advice given to the affected citizen regarding evacuation, exposure, etc. (over) 5. What are the namof county or district of cers, servants or employees causithe damage or injury? Unknown 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Serious and permanent injury to claimant's respiratory system -- ------------------------------------------------------------- --- 7.--How was the amount claimed above computed? (Include the estima-- --- ted amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 6. Names and addresses of witnesses, doctors and hospitals. Dr. Carolyn Ray, 2000 Vale Road, San Pablo, California 94866 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some erson on his be alf. " Nameand Address of Attorney Hyde & Drath Claimant' s Si(;natj771--- Rick J. Murphy, Esq. - State Bar No. 72052 . 44 Montganery Street, Suite 3300 Address San Francisco, CA 94104 _ Telefax: (415) 391-2485 Telephone No. (415) 392-0215 Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud., presents for all-owance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " HYDE & DEATH TELEPHONE THOMAS F.HYDE A PROFESSIONAL CORPORATION 14151 392-0215 JOHN M. DRATH LORI S. FELDMAN SUITE 3300 RICK J. MURPHY TELEFAX JOHN R.CLIFFORD 44 MONTGOMERY STREET 14151 391-2485 SUSAN E. FOLEY SAN FRANCISCO. CALIFORNIA 94104 DANIEL S.KREBS SHARON B. FUTERMAN TRACI E.WENNERHOLM GREGORY D. HAGEN DAVID F. BEACH DAVID C.AMES TIMOTHY J. HARMON December 9, 1993 KATHLEEN L.D*ARMAGNAC Clerk of the Board of Supervisors Contra Costa County Room 106, County Administration Bldg. 651 Pine Street Martinez, California 94553 Re: Claim of Dr. Ronald Berman Dear Clerk: Please find enclosed an original and two copies of the claim of Dr. Ronald Berman against the County of Contra Costa. Please file this document and return the file-stamped copies in the envelope provided. Thank you for your cooperation in this regard. Very truly yours, HYDE & DRATH RI K J. MURPHY RJM:cg Enclosures CG\wp51\Ltr\992-1.c1k CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 4 , 1994 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: In Excess of $10, 000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BONANNO, Darlene ATTORNEY: Philip A. Olsen, Attorney at Law Law Offices of Walker & DurhanPate received ADDRESS: 50 Francisco St . , Ste 160 BY DELIVERY TO CLERK ON December 10 , 1 993 San Francisco, Ca 94133 BY MAIL POSTMARKED: December 8 - 1993 Certified Mail P 790 218 545 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk p ' DATED: 1 �.. lo. \g C)3 BY: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors G::` This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �$�w� !y 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. BO\ARDD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: %as 4 _ 1994 PHIL BATCHELOR, Clerk, ByLLD . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *for additional warning see reverse side of this notice. AFFIDAVIT OF MAILING 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 Not a to Claimant, addressed to the claimant as shown above. Dated: JAN 5 1994 BY: PHIL BATCHELOR by Deputy Clerk tC: County Counsel County Administrator CD �' ✓` ��•x ^}•.7s S fly r, UJ cr r3 O En art 4� r{ 10 ,) W 7•M Ifl O O J as rn cn 4-4,U '-0 � t4 l H. a 'a�+ � 4j , va Lo U a 0 a� x0 W N Wx > 0 tiff o a �Om W U o r O O O A� O o 1 � Claim of Darlene Bonanno ) CLAIM FOR PERSONAL INJURIES 2 ) (GO RMENT C 3N 910) 3 ) V. RECEIVED � County of Contra Costa. ) 4 ) DEC 10 1 I 5 CLERK BOARD OF SUPERVISORS 6 „ CONTRA COSTA CO. To the Board of Supervisors of the County of Contra Costa: 7 8 You are hereby notified that Darlene Bonanno, whose address 9 is 11 Robinsdale Rd. , Martinez, CA 94553 , claims damages from the 10 County of Contra Costa in an amount in excess of $10, 000. 11 This claim is based on personal injuries sustained by 12 claimant on or about November 16, 1993 , in the vicinity of the 13 intersection of Pacheco Boulevard and De +Normandie Way, under the 14 following -circumstances: 15 The claimant was struck by a' vehicle while the claimant was"a 16 pedestrian in a cross-walk, crossing Pacheco Boulevard en route to 17 a bus stop located on Pacheco Boulevard near its intersection with 18 De Normandie Way. The claimant' s injuries were the result of the 19 dangerous condition of public property owned and/or controlled by 20 the County of Contra Costa, namely Pacheco Boulevard and the above 21 mentioned bus stop. 22 The claimant' s injuries were caused by the negligence of 23 employees of the County of Contra Costa whose names are currently 24 unknown to the claimant. Said employees, responsible for 25 assisting handicapped persons such as the claimant, were negligent 26 in providing assistance . to the claimant. 27 Jurisdiction over this claim would rest in - the' Superior 28 Law Offices of Walker&Durham Fifty Francisco St.,Suite 160 San Francisco,California 94133 (415)986-3339 I 1 Court. 2 All notices or other communications with regard to the claim i 3i should be sent to Philip A. Olsen, Attorney at Law, at the Law i 4 ; Offices of Walker and Durham, 50 Francisco St. , Suite 160, San .i i. 5i Francisco, CA 94133 . 6 Dated: December 8, 1993 �?A,4k W. AV.-- I — P LIP A. OLSEN 7 Attorney for Claimant 8 i 9 ' i 10 11 it 12 i I 13 14 I 15 I 16 i' 17 18 19 i 20 21 li 22 23 i 24 25 . 26 I 27 ,I 28 Law Offices of Walker&Durham Fifty Francisco St..Suite 160 San Francisco,California 94133 (415)986-3339 • I I PROOF OF SERVICE BY MAIL i 2 I am readily familiar with the Firm's practice for collection and processing of correspondence for mailing with 3 the United States Postal Service ("Postal Service") . Pursuant to that practice, correspondence which is placed for collection 4 and mailing with the Postal Service during regular business hours on a given date would be deposited with the Postal 5 Service on that same date in the ordinary course of business. 6 On December 8, 1993 , I served the CLAIM FOR PERSONAL INJURIES (GOVERNMENT CODE, SECTION 910) by mail in this cause 7 by placing a copy thereof in envelopes bearing the following names and addresses of the persons to be served: 8 Board of Supervisors Via Certified Mail 9 Contra Costa County 651 Pine Street 10 Martinez, CA 94553 11 On the above date, during regular business hours, I sealed the above-described envelopes and placed them for collection 12 and mailing with the Postal Service in accordance with the Firm's ordinary business practice described above. 13 Executed on December 8, 1993 , at San Francisco, 14 California. 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 16 17 18 ;; MICHELE' B RHOLZER 19 20 21 22 23 24 25 26 27 28 Law Offices of Walker&Durham Fifty Francisco St.,Suite 160 San Francisco.California 94133 14151 986.3339 c � t � , ! \`� � . � • � \ . , > f , \ y� 0 ! to . e \ f) � ' • � '� �4 2 G < « ® o e 6 U \ N 0 .p � \ R �! \ ¥ � 0 $ � � � \ \ % t � > � � - /,1� CLAIM ' 3r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ,. Against the County, or District governed by) BOARD ACTION lard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 4 , 1994 )ard Action. All Section references are to ) The copy of this document mailed to you is your notice of ornia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code t: $25 ,000. 00 + Section 913 and 915.4. Please note all •Warnings". :4NT: BROWN, Brad :;.nEY: Jacoby & Meyers Elizabeth Guagenti , ESQ. Date received . .'5: 100 Bush St . #700 BY DELIVERY TO CLERK ON December 9 , 1993 San Francisco , Ca 94104 BY MAIL POSTMARKED: December 8 1993 Certified Mail P 842 72=1 FROM: Clerk of the Board of Supervisors TO: County Counsel t' Attached is a copy of the above-noted claim. r1 _ pH IL D epuLyLOR, Clerk DATED 1O l :j '1 1. FRZThis County Counsel TO: Clerk of the Board of Supervisors ( 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: b'�� ��� �3 BY: . Deputy County Counsel 111. 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. ( ) Other: I certify that this is a true and correct copy of the Board's Or entered in its minutes for this date. Dated:AN 4 0 PHIL BATCHELOR, Clerk, By J . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney. you should do so immediately. *for additional warning see reverse side of this notice. AFFIDAVIT OF MAILING 3 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 asshownabove. Dated: v BY: PHIL BATCHELOR by LoDeputy Clerk CC: County Counsel County Administrator " Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed With the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Fine 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 arm. RE: Claim By ) Reserved for Clerk's filing stamp ) Against the County of Contra Costa ) DEC _ 9 1993 or } d CLfERK BOARD OF SUPERVISORS� District) — .CONTRA COSTA CO. M Fill in name ; The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ lA pxaz 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) On 4:jo r" c,(- O-�_S GWl_Ra (Y o r) �Gt 1 V 11M� L'�'����1 e 1 n+e r5 e c;kart o 3. How did thedamageor injury occur? (Give full details; use extra paper if - '� required) Gla�nrtt tfi �1clIrt mQ1ncc c(e;� trOl,t cl h rviiCUIC of ` �'`� c��'' 11\ V t1�a__ rniddl �, f yam n �f scc4i�rt � ; � Y�i�1tc:�,mor C.Ocd ro +r-1� caa stet ! y t�J YT -- -_-_-__ -_-_ - --_ io I'?''_o�i~v frc c f e . 0� ,��zt� W A ck er n 4.~What particular act or omission on the part of county or district officers, done , rt servants or employees caused the injury or damage? 44ie o r-ect__ Lkre �D 1/r c I +h C_ lro Ct Cf Lja t e ( (f,0_ -- 0 ' oveao ss; �1 G1 c�r-c s 5 u C,► c S ipt co v 41-f (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? , ---C '------_---- 5. What damage or injuries da ou claim resulted? Give ful Y { 1 extent of injuries or damages claimed. Attach two estimates for auto damage. lncludln l�c,t-t- oo -- Lt '�i-ed +-0 neck l.oc,J �ack� e� bo�s�Vne�� 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or e. O_rlb� i(D�^ a 1a4er- C,0, - - ---- ----------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 0" Kai5mac— H-06 Pf i (mac -1 ►��,� Ccee 1 t C t', X01 0c, to n 6 , C�t- __..---------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury; DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney �00,0b �+ Mey c-s Y �2 q.3 / D O ?AA5� 5+/A`7D tD �la' t s ignature 5 oun "ayy�sc o ,C4� 91 I o1 c'ri re---as 4-oI e-1-- j 'w-k��•� Cnin etn+i, — Address Telephone No. � � j�/pcj 1 Telephone No. 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 me year, by a fine of not exceeding one thousand ($1,000), 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. JACOBY& MEYERS LAW OFFICES PERSONAL INJURY UNIT 100 Bush Street,Suite 700,San Francisco,CA 94104 415/399-8951; FAX:415/399-1939 December 8, 1993 . Board of Supervisors, Contra Costa County County Administration Building, Room 106 651 Pine Street Martinez, CA 94553 RE : Our Client(s) : Brad Brown Date of Loss : June 18, 1993 To Whom It May Concern: Enclosed please find the original and two (2 ) copies of Claim for Damages against Contra Costa County. Please return one copy, stamped ' Received' and return it in the envelope provided. Thank you for your attention. Very truly yours, JACOBY & MEYERS LAW OFFICES %I r / i, �> "1� ;dam D'1 rafi D. %Spence Enclosures We use recycled paper. o-M„ 1ij m� z i o a d 1 N N O � 6 '7 O G O d CD O N CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 4, 1994 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $113 . 84 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KING, Ralph E. ATTORNEY: Date received ADDRESS: 29 Park Terrace Ct . BY DELIVERY TO CLERK ON December 3 . 1993 Walnut Creek, CA 94596 BY MAIL POSTMARKED: Hand Delivered-Via : Risk MRmt . 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IIIL BATCHELOR, Clerk �+ DATED: Qs D,,�.. . 1 G g �1�: Deputy I1. FROM: 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). ( ) Other: Dated: BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County !Fd"nistrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDORDER: By unanimous vote of the Supervisors present (✓S) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the So d's Or entered i its minutes for this date.: Mi Datedlt 4 1994 PHIL BATCHELOR, Clerk, By J . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that 1 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 Clai nt, addressed to the claimant as shown above. 0 Dated: AH 5 1994 BY: PHIL BATCHELOR by d Deputy Clerk tc: County Counsel County Administrator RECEIVED November 12eth, 1993 DEC --:3 19 29 Park Terrace C Walnut Creek,Ca. CLERLK;3WRD OF SUPERVISORS 94596 CQN _j �A COSTA CO. Ph :510-932-6321 0 La-,' PUBLIC WORKS ROAD MAINTENANCE HAND DELIVERE5 225 GLACIER DRIVE YARTINEZ,CA.-"94553 DEAR SIRS-.- I am writing to your department concerning a ROAD HAZARD, located at th intersection of Terrace Rd & Loma Vista In Walnut Creek, maintained by the county,. i.e. A storm drain which is recessed �a�rox 32 to 4 inches below the road surface,Adjacent to the Fire Hydrant. Thursday on my way to the dentist, going down Terrace Rd from my bome:My right front wheel hit this area traveling about 25 LPH (Rather bard) , by the time I got to Treat Blvd, I noticed a Wobble within my steering at about 35 M-PH, After I completed my dental work., I drove to Sears to have it checked (1) Right front tire had seperation and apparently the jolt knocked out the wheel alignment. Sears; Replaced two front tires and aligned the front end for a total amount of $186.02. I am asking to be reimbursed for the amount of the wheel alignment #39.99 and one tire replacement #54.99(&j of wbe&l balance #9.99) (one valve stem $.25) ($3.00 ex/tax) for a total of$113.84 in- cluding sales tax. Enclosed : Copy of work order showing charges Copy of alignment results Your prompt attention to this request appreciated & I strongky recommend the drain be raised . Thank-,yo RAL F KING ENGITv a..1... ... LOW.P ... EXCESSIVE MISS " . .;... �.t:::... EDAL'.. .'. IRRA N _ PULLING O• �. .r ROAD '_ .. .::'..•:::":" �.: ..: WANDER AFTER RUN aFtl. G'.t `.�. e I(. ;r.C. N.. . .:B PERA�� '.. TUR[WEAR CAR STALLS-- ..� Fbt BRAKE WARNING UGHT ON SAGGINGtib.:` .� >L•..*�#if:.:-; ROUGH •}P _ ; �.., SHIMMY .:a-�%•_L*.'T i�}'�" Kf ... iDIF. `,•(� .e�ld:.; .FLp.I PEDAL,PULSES WHEN BRAKING — - -- -rirJ ?�e' HARD. _ _ FRONT END •,•�� r.-�,, R eta. T STARTING Lr:�;:±;WIa.�yi. :F{ol. EAtERGENCY;BRAKE INOPERATIVE NOISE = :} as. •'i ,.,. �.yy �T��y L: I,C hKA CJtCp,AYAkN.•1 -If(X Y1f Vat ek 5. . .0 NAME 'i•::. r SELLING STORE NO. MME OF CAR ,t\1�C��:�:• _ �'::�a:w!-'';,r' - .'ir. . _' ':.:'�. : -;.;';: •^ :sem:''' .?�":: yr ADDRESS ? } SALES NO. R/MODELYEAR r -',�• (,- Qr, P. s} l.f ' :. .it31.,•,' ''••fv .)++�i R.. yy t1,�,.y{=yrs Crt�-AND .S x 'l.'L`t h��•` A- � _ - �-:�.-4� � .-Y!i.z`-�+.�;;:;-:�.YWS ,:i- ZP.COUe �'X„ ,�,�f' „�<`•Yµ'r:•, ENSE •• O ETER READ - ~ ,:q:•I-.;;%::..:t�.i:�sc:,: ..G:�' LK �:� WORK ;' .. ': LL- r. '!.!^^i��y''.t. .:I�l:,fL l�.t F2s!�:i'i 4�_ 3_,r' ��,:... �?C,�a++[�51':5;•°'td .PHONE:. t7�: "t�r..•`.'a''ac3T-•(+'-��. a- TIME ROMISED STOMER WAITTIME IN •r WORK' .. .... ,..: W �"ti,�• [:'.0''4.�,:.e�, :Xa.. 'G� •„i;; -+ '{FIARCE$ "�`pi-' ;'.y'� +z:x..•.:C`''z:•r$:�. ..'�,' /._r • :CODE ''M1ICE .E:.._ DONE BY YE `❑NOFij AISTAU.TIRES .:,f..-• n�..{ IBM.A, ^ E SIZE AGER NO. SALE of■ {� f`•8.�:}'', s^ SC �ixa eATTmv sERVKE'r:: jy.y r�f'�Q ,Y,:.l...'r .H, .C� �';y;•7,••�� VEHICLE IDENTIFICATION NO. '"013^'•' G,GO ✓��•y i, ?S. •'�T - SHOCKS... 4.; :� A4. :�'; „se.;.?.Y ugh: '',';.":-::+..i'r1�_f.;,c�.+:.'<'?: cir`c.�:.•7�r;: MnBfrERSOIa :,;- - _ T4(.Yat;Fit` FI1 ..AT'_ S� -;°x �>:'; '; .'� .:J• ;..:z,`:..":: •aT`��"'. ,I°7'a Vii. -• his credit purchase is subject to Itle terms of m Sears har e STRUTS/CARTS. r:,,... _ p Y 9 - .. OIL CnMlce/;';;;::'.::. .�r,: ,,;, ''•�: agreement which is incorporated herein by reference and '��•�&`:}`j:c• ; --'; �' Dunt number shown on this salescheck.I '-">i-:�;aux °:`,-`.�'-• dentified by the account '..:.. ..:..•' �•A� f�`���.?; . 3 L-: ant Sears a security interest in this merchandise(except in �n_.,:� ;: •. , Y d NIL - r1:R t...x 0 until paid In IL Rl1T111 ,. w York)u it a •I �.q�1�001n'{d ��'c�0� +SL AUGr•LMEM/RM:' .. :. .. ,_.. ,y�¢'�'..<': ••;�g�.a;r.�:s+:� ;., >;:•510;689:51 r;r� u .�,,� .�: �... _. -. REPAIR .c� .._;�,'-,','•`�=':: ..,♦.,, ., s; .. - rdholder acknowledges receipt o. Dods and/or services in - .. , :_;;.�:;;.:•%- �;y,c_' ;;;;,_ ?: the amount of the total Shown hereon and agrees to perform the obligations set forth in the Card der's'.AgreemenYwitfi µ ��Tt�/�/�(� ?. ,:LaiA.WWV,J,+'JV .e. . .. -,�?�`;�va-..r; EL�crta olAewosa;' f:' 3 ^Xt "_ icL. he Iss r i i f he n. :r ,.. ' .tet ,a , c +;:v": .f $:• `.�/� ;inti" .'C Fif.:%'•6Y•. .?"a:...' h 'r��' :t'.J•Faii:1 .. :til ti.Tl'��� M �-�•J TUNE-LP.. ::wt.�j• �p:�.� s X - :. ::R�KIfi �-< .::r.. Ai°r :., jl=,,j.. •:Sr •.�i:'••- •.;i -2:;L... afy `":c.'i' 'e'?: .i .r ATE : -+,:' 'r.,,: �. -.t, .°w�,. .a'Yf. •'i`.k . Y >_ADESS• - 29,E REP ED PARTS RE- ❑ . .. 1M.SYS./MUfFL9l/.;:.y,. „A-..i' .,;i: G!x•�.�.+,.�_,': 4 '•r.. - ». ^� „�'-'YP• TAR.'PIPE/EIIH.t�PE'+ ?j.+�••>•s.7,• •rr STED BY CUSTOMER ❑ O .: �� • RiTIAL ESTIMATE REVISED ESTIM iE TIME OF DAY' lTs: _ CITYISTATE.,41t�� BRAKE SERVICE ''' : r:.: .�•♦'.•••:; t';.s' RTS - (�(��[ ..T (�j I`�:A� +1.:a7:�Sr«..w,y=,°:-. ..: AUTHORIZED BY. ZIP.`WYI.•'w' r9459V-a'7i8;.... ..:..Y'.',s;:• St.'=:r COCUNG SERYICQ,}2 • :;»N.''*C.*.N;::?,�^ s i g ++.y_,f�,':'Zi FLUSH k 'TRAf•SMISSION 00.% ri•; :_' ijit?fi3 ,{..y,''+�xii_": :..:'s LAB LABOR ! .,::';`.•'':':'::;�"rii'ti•ii!�p�3. f.•`! FR,TBt SERVICE 1::�ic. ^:a. .?__.'.-gr..c �s.'•. ❑e•L PERSON .. ';.ya s';:�.;.„ - •..¢?4,A� r ,,y,L.� : El 9Y PHONE. _ , %L:•'rr. COUPON 8001. -S :.s• I:?.,.: •�,��•: '� - !:?"E. �Sa'L-"^ TOT TOTA NO. �:IIYAttE`141 V/V EnK. JYL.YR -�• ,.,It i r 597205 .�yy�:r __.. LABOI(TOT - � ryy,, LAAO y W .(rrKaJ.lax N, ,a�?a'Yr:' %YA+: �:•1": WORK AUTHORIZ 8Y •:.:i. ,.ti , _ _........ •:17V yJ.LV���.+ 'QTY•L• ...;�•r. DN.' :QTY... .., :y",•. ''r., .:P ,j-: ALL PARTS NEW UNLF OTMERRT E SPE .PIED -r '•k Y`L"n r�i' '' CRIPTION Of �.r 3} .f< /.. .� -.._': . .. _ _ ALIS 11-9k98'tb09 =:QTY:2. ':� t i :.!f.,�••:9; •,' Ni WHEN TIRES ARE INCLUDED IN THIS SALE _-A'I1I,PI, E212�z2 t u:,T" / 777 — + : i WE "�% tEx tea' MOUNT TIRES ,T' "'; :R; ,;�• '. 40 _ tAS`'SHOWN 4 6 8 4 ,. ,�� : ..a N. r:. fi• RIF PSI RR PSI ^1' .;l r: .. RJFIATE TO ,..q♦>. �:::£ 'r•; '�.""•'�'`.'. 5 PSI SAVE TIR I LR PSI ' S':',': `:i.;'':.,Y.�• ]+ '_`r` LF PS WHEELw V'�' �--'.^,j°' _ •:7..::`•-:!; .;i'•:.,`,,�,"tC•."� 'WjW ❑ �. LOCKS r EM .x,,:.:.;,::-� ,.�•..f: .� ., -'-� .y.. Yrt`:.r :AL )L:;^ .i\-_ {.L1 UM1L111�' - ••.•,. : A' r._..:r.�, _ ...... yah„ _ ,a S>> - - 5�87 TY :..109:98T.-. ::.. • E INCLUDED IN TIII$SALE. 75 WHFN TIRES ARE 95 {fIl r�[.�'..•'!':::.`.":.....,,V...''y:..,-...-. 6.001 . .:•TAX:: y:.- •' 'i...;.s ;!. '1 �r .0 100 llllllg3"� : .. _ .�•.. 4__ ,, 77 -r. - y MOUNT TIRES Nod6 8"A 0 4 — �' ' "AS`SHOWN IK T_ TOTAL,.MERQI ;p• TE B PI 5r R .r-- lAT TO ' I E PS :.:. �+.. :-' .PSI r..:�'-•' ' E TIR •_'r tiL IMF F 'r r• - .....- _ _ . =.::.>.. ....•,y:,'.._-. .....�..s.Li..a•; ETD ate'' //,%/�_ /\''� _ _ :F::': +5• � 4 J�E-�•:'�'•-: / '`±: •'._� +:•�i:•r - •f��,�, :�:4 -.a�+ :1 Y�/W�'W❑ OU LOCKS Y - ���- - -x:r��_•,.i.r�uti�siaS�r'r�__ +�s . AUTO INSPECTI ,o<;,;a, ;_'< : °�=�-` PREVENTIVE MAINTEF. NANCE i,. w.._,.�,f;:�5• 'TS tom - 'j��lS.-a: - A .: ::•lt -'f. _ '6^ - ^i.caci'i:_;F`... '.. K. J.+� :•`'q r' SCHEDULED �SEEVICED REC' :,^ �i•: v. REC. ENGINE' '.'.t SERVICE R `:•x. f0(_:�Ne�.-CITD(t. :is:'�'-1-: . u • _:;,,, 'PTIRES•See'badC '=BATfERY,STARTIr9"ter REC: d= i DESCRIPTION REC.^j Od&Fher Wiper Blodes TREADE— .BAYANC . - '4;�•:.., � : r�xti�;r:,r"-�y4:• k•, .. .. . ...... ��.'..-¢ vnt.:-w_ ">x'�te-r_�s• 'n,Lurabnriuc_cntion FTon-V5, +t .TI R✓ES-- ~xFRONT:'- a' REARFIuidLeaks' isia Fluid Z_ 3ReorLT -z ''�"` _�.. .. R�•���'• .;< y.�;:i.iF Ap Filteffi��, 6`'G i �..FroI!1: ... Right. .J2. �`�3 ' ti•F`'�a.•': rj, :z. '' Ab Shit/prcw� $? t - Hoses Front Signal c" _ Belts Signal :'-••` Spam.:: .ti:: �32 CawrdHw('.Ss . t 'Jbl!�r•�- �: s ;, '` ' '' -- `•• �NSION SYST r- r _ Dude at ?ia�z TaOp�p HdGHT =.REc: MacfHERSON STRUTS/ RIDE :{i F Tv: r •e ,dry' SHOCKS Gi'SPEC. ACTUALSPEC. J w REG. MIN.SPEC. MF ��Tesf:t..:�i` K.•IK.T �•� � '-�' .Centrd Alm�BudinM" 'ti.`:: "s-4...� '<,.T:f•1d.'.: ..`� F `, - ., > r•:ut,• ... .:°•*�,� ,�'r�x. Fton}Right .�...., s- :: ,. �...�r''• ;; +•moi:,;"° •�'': �' •-ti':`• 'P:�,;•. .Ca,hd/u+n/B �_,!rla.�.: �J. �T'le Rnd EndFOvleT A ,:-.•A :.+-:v, .':l_, � �y��T� ';f,�"^ .;" :/:; '�`�". .� ^�+-�"moi 4 Cp�h StrA RGaf Right pnd:&fritioll- ...� - J`�::�;•t.. M/IiYif/C %:%l• :Q�ILt "T 9�.k:'x y` '✓..Rear Left 'C.dyiir.r� w ¢ _ � :�` T<.•��.' .:i�,. v:a%:._ v� .r. ` '.. � K,,jy, ,, ftt- .'G•t'.: z%',•;F�j".;.c. 4<$' REC. 'APARTS G:SPEC. ACTUASC. V. " s Jointi;..:. Boll Joint Upper � - - - '.:i•o-'r .mss..:. - :..:.. - i�,,,..� a•, a Ball Joint Loser J _,SSL: :'s..'-:y ' .% '�•:'. yam. - - :� p: "�,• C't.T'` - .-�' •r?;s'tC�: •fk0ovef:- �'�`�`'' L''�.'9rM: 's.._ .�'_-.1 CUSTCMAER'.w:' +'r + .' .::REC.. SERVICE Y 1 _ REC.- ?.d"__ f. .SECxFYR.L ^� ` ,�.v°-t. `.7�,�•�'. .r,'xt.•,`:.-!.;.i'"_'2r _i. f.. - r•. HIPPER � ���• lNaaag�m �•c9r�l:`.:d::.' :�.c3' f..A : .. . y .: /n.,•;t . .. ?�h��'!F¢7�;. 'Y':�'`. E:<•.• : ' 4 i v�r`- �:'r. ,i�.o .+p., �..,'".�'-..•.-;� _ ,3:i 3•.17,5:;. ;.:; Name Ralph E King _ MEYER TD-H L` - Address ___� ___ I=__�x_______�..W�.ln � t Crr..k C.a...__�� �.__ Velephone ___ I��} 2� --- ---- -- ------------------------------- Vehicle tVIN#) _ _ 1D1,_________________________ License --- - - -------------------------------------- ileage ___�$1 �SL________ ---____-- .Technician DAA.ta_______________________________ Time and Date T9 517.19_717117'3 s"----- Specifications Chevrolet 78#86 Monte Carlo wlps Left Front Right Front T-__-----T-------------- r--------.-T._____.,__..r----------------1 Actual 4 Before 1 Specified Rangel F Actual 4 Before 1 Specified Rangel ---------4--------#----------------A ►---------4--------------------------1 I� 0.26 4 0.20 1 -0.36 1.36 1 Camber t 0.56 4 0.56 1 -0.36 1.36 1 ° 4 1.76 1 �6 _ 4.0-0 I Caster ► 4 1.90 1 2.00 _ 4.00 1 ! 0. 4 ,. ... ! 0.05" 0. 10" 1 Toe I► 0.07" 4 . . . . . I t 7WIt-- 0. 10" i k 6. 1° 4 6. 16 I .. . .. 1 SAI is 6.66 4 6.5`' 1 ... .. I F 6.26 4 6.26 1 1 Included Angle I► 7.00 4 7.06 1 � �� r� 1 ► .. ... 4 ..... I .. . . . . . ... I Turning Angle Diff. F . .. .. 4 . . .. . I I L---_-__..-_1_-.--__--1_..__-------_---...,.J L----------L--------- ----------------j Front r---------T--------i________________� F Actual 4 Before I Specified Rangel F---------4-------------------------i Cross Camber ► -0.36 4 -0.36 1 -0.56 0.56 1 Cross Caster F -0.26 4 -0.26 1 -0.56 0.56 1 Total Toe i 0. 15" 4 - i O.-M" 20'.a0" 1 Set Back 1w 0. 196 4 0.226 1 I L---------.L----__-_---------- Left Rear Right Rear r---------T----__. -T----------------1 r---------T--------T----------------- ► Actual 4 Before i Specified Rangel k Actual 4 Before I Specified Rangel ►---.------4--------f----------------­1 ►---------4--------t---------------- � ► -0.36 4 -0.36 1 . . . . . . . . . . I Camber I► -0.26 4 -0.36 1 . . . . I F 0.05" 4 .. .. . i . . . . . . . . . . I Tae ! -0. 13" 4 1 . • . • . ! L--__-., ---1_-__,.--_,-1-----_..,____,.._..._-.J L---------i----__----L-----------------J Rear r---------T--------,------'----------1 k Actual 4 Before I Specified Rangel M---------4--------f----------------� Total Toe k-0.07" 4. ,,.. !... . . . . . . . 1 Thrust Angle k 0. 180 4..... l... . . . . . . . I L----------L-------_l__..-------------...J 'ALUE IS NOT WITHIN SPECIFICATION. IRE WEAR, HANDLING, OR SIMILAR PROBLEMS MAY RESULT. CLAIM 5 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County,. or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 4 , 1994 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount:In Excess of $300,000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: NEAL, Bonnie ATTORNEY: Jonathan Brand, Esq. Law Offices of Jonathan Brand Date received ADDRESS: 1800 Sutter St . , Ste . 350 BY DELIVERY TO CLERK ON December 15 . 1993 Concord, CA 94520 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �1�: D F�IL BATCHELOR, Clerk DATED: �1 n� a,.� A 1(" 19�l 3 eputy D �- �J II. FROM: 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). ( ) Other: Dated: Deputy County Counsel 11I. 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. ( ) Other: I certify that this is a true and correct copy of the Board's Or er entered in its minutes for this date. Dated: � PHIL BATCHELOR, Clerk, By ° . Deputy Clerk pay .. .. WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina 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. g Dated: JAN 5 3354 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �v � "AMD DELIVERED 1 Jonathan Brand, State Bar #124166 F. RECEIVED LAW OFFICES OF JONATHAN BRAND2 1800 Sutter Street, Suite 350 Concord, California 94520Ec 1 51993 3 (510) 602-2770 for Claimant ;€:4_ERiC 4 Attorneys K. RD OF SLIPERVISOR� ca:NTRA COS14��� BONNIE NEAL - - y- - 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 Claim of BONNIE NEAL, CLAIM FOR PERSONAL INJURIES (Government Code Section 910) 12 Claimant, CLAIM NUMBER 13 v. 14 MERRITHEW MEMORIAL HOSPITAL AND CLINICS, CONTRA COSTA COUNTY 15 HEALTH SERVICES, and DOES 1 to 10, 16 Defendants. 17 YOU ARE HEREBY NOTIFIED that BONNIE NEAL, whose address is 3466 18 Willow Pass Road, #41, Concord, California 94519, claims damages from 19 the above named defendants in an amount within the jurisdiction of the 20 Superior Court. 21 DATE OF DISCOVERY: 22 June 18, 1993 23 PLACE OF OCCURRENCE: 24 MERRITHEW MEMORIAL HOSPITAL 25 CIRCUMSTANCES OF OCCURRENCE: 26 On or about June of 1992, Plaintiff went to MERRITHEW MEMORIAL 27 HOSPITAL for tests at the recommendation of her personal physician. 28 1 1 Chest x-rays .were taken at that time that revealed a spot on one of 2 Claimant's lungs. Claimant was told to come back the next day for a 3 biopsy. 4 She was seen the following day by Dr. Grace Floutsis. It is 5 alleged that Dr. Floutsis conferred with another physician at MERRITHEW 6 MEMORIAL HOSPITAL in the x-ray department and determined that the biopsy 7 was unnecessary. On or about June 18, 1993, Claimant did have a biopsy 8 of her lung, which revealed cancer. Claimant alleges that the 9 defendants, and each of them, were negligent in the manner in which they 10 diagnosed and treated Claimant during all times herein alleged. 11 It is further alleged that if the biopsy had been performed in June 12 of 1992 that the cancer would have been discovered at that time. 13 DESCRIPTION OF DAMAGE OR LOSS: 14 The amount claimed as of the date of the presentation of this claim 15 is computed as follows: 16 a) Medical expenses estimated in excess of $50, 000.00. 17 b) General damages in the amount of $250, 000.00. 18 c) Lost income and lost earning capacity unknown. 19 d) Future medical expenses unknown. 20 SEND NOTICES TO: 21 Jonathan Brand, Esq. LAW OFFICES OF JONATHAN BRAND 22 1800 Sutter Street, Suite 350 Concord, California 94520 23 24 l Dated: /�1 25 JONA BRAND A orney for Claimant 26 27 28 2 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT . JANUARY 71-1-9-97 and Board Action. . All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Not to Exceed $25 ,000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: RAMOS , Velena ATTORNEY: Elizabeth Guagenti Jacoby & Meyers Date received ADDRESS: 100 Bush St . , Ste . 700 BY DELIVERY TO CLERK ON December 10 , 1993 San Francisco, Ca 94104 BY MAIL POSTMARKED: December 9., 1993' Certified Mail 842 723 237 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p g DATED: ,I ) a�,,,Au... 10 . 1 G��� BIL Deputy OR' Clerk Il. FROM: County Counsel TO: Clerk of the Board of Supervisors ( )) This claim complies substantially with Sections 910 and 910.2. ( Y) 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: —U �-y ��C�s�,�n,` +fly-.�1 Rte, - 4 TLO,_t tLo_ Dated: lye ( 07 3 BY: eputy 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. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:_AhN 4 _ �, � PHIL BATCHELOR, Clerk, By , Deputy Clerk V r WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina 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 16; 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 Not a to Claimant, addressed to the claimant as shown above. Dated: �dili 5 ® 1qq BY: PHIL BATCHELOR by a Deputy Clerk + ►...ted CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: _r.,• PHILLIP S. ALTHOFF 1; CONTRA COSTA COUNTY SHARON L. ANDERSON Ij ANDREA W. CASSIDY ' VICKIE L. DAWES COUNTY ADMINISTRATION BUILDING MARKE S. ESTIS _ MICHAEL D. FARR ` 651 Pine St. , 9th Floor LILLIAN T. FUJII MARTINEZ, CALIFORNIA DENNIS C. GRAVES VICTOR J. WESTMAN GREGORY C. HARVEY COUNTY COUNSEL 94553-0116 KEVIN T. KERR EDWARD V. LANE, JR. SILVANO B. MARCHESI TELEPHONE (510) 646-2074 MARY ANN M. MASON ARTHUR W. WALENTA, JR. FAX (510) 646-1078 PAUL R. MUNIZ ASSISTANTS VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS December 15, 1993 NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Elizabeth Guagenti 100 Bush St. , Ste 700 San Francisco, CA 94104 RE: CLAIM OF: RAMOS, VALENA Please Take Notice as Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2 , or is otherwise insufficient for the reasons checked below: [ ] 1 . The claim fails to state the name and post office address of the claimant. [ ] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [XX] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [XX] 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [ ] 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimea. If the amount claimed exceeds ten thousand dollars ( $10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ J 6 . The claim is not signed by the claimant or by some person on is behalf. [XX] 7 . Other: The claim asserts negligence on the part of the City of Pleasant Hill which is an independent public entity and not owned controlled or operated by the County of Contra Costa. VICTO4J. WESTMA?N, ,Coounsel By: my Cou _el CERTIFICATE OF SERVICE BY MAIL (C.C.P. SS 1012, 1013x, 2015.5; Evidence Code §§ 641, 664) I declare that my business address is the County Counsel's Office of Contra Costa County, 651 Pine Street, Martinez, California 94553; I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- acceptance of Claim by placing it in an envelope addressed as shown above, sealed and postage fully prepaid thereon, and thereafter was, deposited this day in the U.S. Mail at Martinez, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: December 15, 1993 at Martinez, California. Lk cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE 55 910, 910.2, 920.4, 910.8) Page 2 Clcakin to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County; the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this Yrm— RE: Claim By Reserved for Clerk's filing stamp VELENA RAMOSRECEIED Against the County of Contra Costa FFDEC 10 1993 or CLERK BOARD OF SUPERVISORS PARK District) CONTRA COSTA Co. (Fill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ (*) and in support of this claim represents as follows: (*) Total amount not -----—-----------------——-- 10 -Q-192.ad-$2-5 00 0 1. When did the damage or injury occur? (Give exact date and hour) 6-24-93 at 7 : 00 p.m. ------------------- 2. Where did the damage or injury occur? (Include city and county) Pleasant Hill Recreation & Park Dirstrict 147 Gregory Lane, Pleasant Hill, CA 94523 ---—---------—-—- 3. How did the damage or injury occur? (Give full details; use extra paper if roquired) Nine year old claimant sat on a swing, which' is a tire hanging on three steel chains . After claimant was in swinging motion, one of the chains broke where it connects to the tire and struck claimant on her face, arms, back,- and her head 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The City of Pleasant Hill failed to maintain public property in a safe condition. (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Pleasant Hill Recreation & Park District —---—-----—--------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Bruises scratches to head, arms, and back. --———-—----—------------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) /Wrascertained at this time -—------—------—--------— - -------- 8. Names and addresses of witnesses, doctors and hospitals. Merrithew Memorial Hospital Concord Health Clinic 2500 Alhambra Avenue 3052 Williw Pass Road Martinez , CA 94553 Concord, CA 94519 --------------~--------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT ,..ascertained at this time Gov. Code See. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) orb some Wson on his behalf." Name and Address of Attorney Aa� � TW06Y d- Atcycic-5 Czait Is Signaturri 1W 6v6H 5-rk6r-7 C(d rt 7o-o 1245-E Pine Creek way &W Wdcf Sco) CA fl 10 (Address) CUZAf)tT(+ 6VAf-Cyk1*1 C5q Concord, CA 94520 Telephone No. I Telephone No. (5101 798-487A ..... 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 ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000t or by both such imprisonment and fine. JACOBY& MEYEKS LAW OFFICES PERSONAL INJURY UNIT 100 Bush Street,Suite 700,San Francisco,CA 94104 415/399-8951; FAX:415/399-1939 December 9, 1993 Board of Supervisors, Contra Costa County County Administration Building, Room 106 651 Pine Street Martinez, CA 94553 RE : Our Client(s ) : Velena Ramos Date of Loss : June 24, 1993 To Whom It May Concern: Enclosed please find the original and two (2 ) copies of Claim for Damages against Contra Costa County. Please return one copy, stamped ' Received ' and return it in the envelope provided. Thank you for .your attention. Very truly yours, JACOBY & MEYERS LAW OFFICES r DtC Enclosures We use recycled paper. W N' O U yi CA �T a U bCL-Q UJ � S r 5o ® O O cDU T LU0� cc a �v I h t ® m i r1i m FF rLi x r® Mj rl � c a a t t I. N W N k ru CY ) Ch Cc ccna o J �¢ zoo .0 � � U � O C cn'N O L U U omaSD c a. r cn iaY CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 4 , 1993 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount:Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: THOMAS , Bruce ATTORNEY: Stanley J. Bell , Esquire Law Offices of Stanley J . BellOate received ADDRESS: Two Transamerica Center BY DELIVERY TO CLERK ON November 30, 1993 505 Sansome St . , 18th Floor San Francisco , CA 94111 BY MAIL POSTMARKED:November 29 1993 Certified Mail P 842 124 41 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH B DATED: I gyp„ o l.p,. �. ) cl q 3 BUIL DepuLyLOR, Clerk ��� �p Il. FROM: 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). ( ) Other: Dated: O 2,�6" BY: Deputy County Counsel s I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Ord r entered in its minutes for this date. Dated: JAN 4 ` PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service.in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: SAN 5 _ 1994 BY: PHIL BATCHELOR b 4AAA A Alla Deputy Clerk CC: County Counsel County Administrator 1 �� i i . I 1 CLAIM FOR DAMAGES FOR PERSONAL INJURIES 2 TO: BAY AREA RAPID TRANSIT DISTRICT 800 Madison Street 3 Oakland, California 94607 4 CITY COUNCIL RECEIVE®. CITY OF CONCORD 5 1950 Parkside Drive NOV 30 1993 Concord, California 94519 _ �1 6 CLERK B ...-R OG SU -RVi ORS BOARD OF SUPERVISORS CONTRACOSTA` c.0. 7 COUNTY OF CONTRA COSTA w _ Fa.w- 651 Pine 8 briarrinez, Califonria 94553 9 PLEASE TAKE NOTICE that the undersigned hereby serves 10 and makes demand upon you for the cause and amounts set forth +-� o W°0 a 11 in the following claim: Wrzw < o °" mp ; 12 Claimant ' s name and address : oa � 6 = < u i 13 BRUCE THOMAS �W ozW °z 750 West 7th Street a ,u a 14 Reno, California 90503 zu. F7 W ao<am z~ 15 Claimant ' s mailing address to which notices are to be ~� sent : 16 Stanley J. Bell, Esquire 17 LAW OFFICES OF STANLEY J. BELL A Professional Corporation 18 Two Transamerica Center 505 Sansome Street, 18th Floor 19 San Francisco, California 94111 20 Amount of Claim: 21 Special damages and expenses proximately caused by the 22 occurrence described below and general damages are in excess of 23 the jurisdictional minimum of the Superior Court . 24 25 26 Date and Place of Occurrence giving rise to the Claim 1 asserted: 2 .On or about the 26th day of August, 1993 at 3 construction of the new BART interchange on Port Chicago 4 Highway in the City of Concord, County of Contra Costa, State of California. 5 Description of Occurrence: 6 That on or about the aforementioned date and for some 7 time prior thereto, the above-named public entities, by and 8 through their agents, servants and employees, negligently and 9 carelessly owned, possessed, operated, constructed, inspected, 10 maintained, contracted, subcontracted, supervised, controlled *4 z cz 11 omca "zWI < o and had a right to control, engineered, designed, performed and °� �u oz , 12 < °`o �►-ao� ; - planned construction work and supplied men and materials to the U U < = <eFu : 13 oWoz - °o construction site referred to herein in that they failed to Ro-1 �W;oma 14 z .�- �,zW goz <W coordinate the work being conducted on said job site in a safe < "z ~ 15 cc and proper manner, thereby creating a risk of injury to men 16 working on said job site; and further in that they failed to 17 provide adequate and sufficient platforms, landings, shafts, 18 deckings, frameworks, temporary railings, plankings, 19 scaffolding, safety nets or any other safety device, appliance 20 or appurtenance in and about the area of said construction 21 site, thereby creating a risk of injury to men working on said 22 job site and failing to provide claimant with a reasonably safe 23 place to work; and further in that said public entities 24 permitted large, open holes to exist and remain in the area 25 adjacent to the work platforms upon which claimant and others 26 -2- i I 1 were working without adequate coverings or other safety 2 devices; that said public entity, and each of them, were 3 further negligent and careless in that they failed to exercise 4 ordinary care in order to avoid exposing persons thereon to an 5 unreasonable risk of harm; that said public entities had actual 6 or constructive knowledge or knew, in the exercise of ordinary 7 care should have nown of the unsafe conditions, as aforesaid; 8 that as a direct and legal result of the negligence and 9 carelessness of said public entities, and each of them, and as 10 as further direct and legal result of the dangerous and defective condition of public property, as aforesaid, while rra, z 0 :; 11 .�.yl- < o o�d� = 12 claimant was installing rebar columns from a scaffold, he was 0- < -0 $ � ' 13 caused to fall through an opening in the work platform, thereby owz�yow <►W-7WaoRUx 14 causing him to sustain severe personal injuries . zw F 0 za.W <0"z~ 15 DATED: November , 1993 . LAW OFFICES OF STANLEY J. BELL 16 17 By: 18 ANLE . BELL 19 !!��ogjaays for Claimant 20 21 22 23 24 25 26 -3- RE: Claim of BRUCE THOMAS ACTION NO. PROOF OF SERVICE BY MAIL - C.C.P. Sections 1013a. 2015 . 5 I, the undersigned, hereby declare that I am a citizen of the United States, over the age of eighteen years,, and not a party to the within action. I am employed by the LAW OFFICES OF STANLEY J. BELL. My business address is 505 Sansome Street, 18th Floor, San Francisco, California, 94111 . I served a true copy of the CLAIM FOR DAMAGES FOR PERSONAL INJURIES by mail, by placing the same in an envelope, sealing, fully prepaying postage thereon and depositing said envelope in the U.S. Mail at San Francisco, California on November 29, 1993 . BAY AREA RAPID TRANSIT DISTRICT 800 Madison Street Oakland, California 94607 CITY COUNCIL CITY OF CONCORD 1950 Parkside Drive Concord, California 94519 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Martinez, California 94553 I declare under penalty of perjury that the foregoing is true and correct . Executed in San Francisco, California, on November 29, 1993 . Donna L. Kotake Yir,'� CY•' �'y ,�y byC� cc- 7101 ul Sy {}(A L d' � cS H N � O ..a U G ' H w � V U N � - tr rA • zr A �, w -rcd r O�V� ti z cc -� a 0- 00 �. o o �cy� rG W N Lit t71 o 7- 0 0 2� �i I AMEJ�R / o�y BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 4 , 1 9 94 -- and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all •Warnings". CLAIMANT:HOUR IGAN, Joe Foster Excavation ATTORNEY: Jeffery Wong Date received ADDRESS: 10455 Torre Ave . BY DELIVERY TO CLERK ON December 7 , 1993 Cupertino , CA 95014 BY MAIL POSTMARKED: December 6 , 1993 Certified Mail P .909 007 220 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. / ppNNIL BATCHELOR, Clerk DATED: 3 Bl: Deputy CA,4�1, ) Il. FR7) This County Counsel TO: Clerk of the Board of Supervisors ( 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: ` ' /9, /,9,9-3 BY: Deputy County Counsel •v 11I. 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 ( WThis Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Orde entered in its minutes for this date. 4411 Dated: 5111 4 IN PHIL BATCHELOR, Clerk, By a . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnino 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: v � � �Q �J BY: PHIL BATCHELOR by ph Deputy Clerk .CC: County Counsel County Administrator JACKSON, ABDALAH 8 RODRIGUEZ A PROFESSIONAL CORPORATION .JAMES E. JACKSON 10455 TORRE AVENUE VOICE MAIL RICHARD K. ABDALAH CUPERTINO. CALIFORNIA 95014 JACKSON 235-9842 JAMES J RODRIGUEZ` ADBALAH 23S-9810 CERTIFIED TAX SPECIALIST TELEPHONE (408) 2S2-5211 RODRIGUEZ 235-9824 JEFFREY H. WONG FACSIMILE (408) 996-7045 WONG 23S-9838 'THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION RE-CE IV tu DEC - 71993 CLERK BOARD OF SUPERVISORS December 6, 1993 CONTRA COSTA CO. CERTIFIED ATT,-RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, First Floor Martinez, CA 94553 Re : Hourigan, Joe Foster Excavation Our File No. 20502 Dear Gentlepersons : I received the County' s notice of late-filed claim. I write for two purposes, both directed to requesting acceptance of the claim. Here are some facts that you should consider . Although the master contract was let in June 1992, Hourigan performed its work between March 12 and April 30, 1993 . It had no right to payment until after that time . Hourigan first heard, when it began its work, that there might be a problem between the county and an as- phalt supplier, but did not know any details of the dispute until much later. My client does not know when the county and the as- phalt supplier began their dispute . It first learned of the liqui- dated damages claim after the county filed its recent interpleader action. Hourigan did not learn of the county' s negligence in connec- tion with the bad bond until roughly June 1993 . Until that time, Hourigan knew that the county had accepted a payment bond and as- sumed it was valid. It did not learn that there was a problem un- til it called the county this year to get information on the bond. Rick Bruno gave my client information about the surety, and com- mented that there was some problem with the bond. When my client investigated, it learned for the first time of the facts contained in my November 24, 1993, letter . I enclose a copy of that letter rather than repeating its contents . Based upon these facts, Hourigan believes that its claim is timely. The pertinent part of Government Code section 901, states Clerk of the Board of Supervisors December 6, 1993 Page 2 "the date of accrual of a cause of action . . . is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limi- tations which would be applicable thereto . . . . " Generally, the rule in tort cases is that "the statute of limitations begins to run upon the occurrence of the last fact es- sential to the cause of action . Leaf v. San Mateo (1980) 104 Cal.App. 3d 398, 406, 163 Cal .Rptr. 711, 715 . The last act in this case did not occur until Spring 1993 because Hourigan did not suf- fer damages until it performed the work for which it has not been paid. That work occurred between March and April 1993 . Hourigan also believes that the statute of limitations does not bar this claim because under the "rule of discovery, " a claim does not accrue until "plaintiff either (1) actually discovered his injury and its negligent cause or (2) could have discovered injury and cause through the exercise of reasonable diligence . " Leaf v. San Mateo, supra, 104 Cal.App .3d at 407, 163 Cal .Rptr . at 716 . This rule has been applied to Code of Civil Procedure section 339 (1) , the statute of limitations that we assume governs this type of negligence claim. Seelenfreund v. Terminix of Northern California, Inc . (1978) 84 Cal .App . 3d 133, 148 Cal .Rptr . 307 . Hourigan acted with reasonable diligence and knew the county had accepted a payment bond on the project . It assumed that the county would comply with state law and determine that an admitted surety issued the bond. It had no reason to believe that the county de- faulted its statutory obligation. Under these circumstances, the "rule of discovery" should apply. Seelenfreund v. Terminix of Northern California, Inc . , supra, 84 Cal .App . 3d at 138, 148 Cal .Rptr . at 309. The "rule of discovery" also applies to Hourigan' s interfer- ence and liquidated damages claim. Hourigan did not know of the county' s interference with the project and the county' s claim to liquidated damages until it began working on the project in Spring 1993 . Neither one affected the job Hourigan had agreed to perform. Hourigan performed its construction work under county supervision . The county never told Hourigan about its problems with the asphalt supplier and Hourigan had no reason to think those problems would affect payment for my client' s work. We do not know when the county actually decided to withhold liquidated damages, but be- lieve that the decision was not made until sometime in 1993 . If the county still contends that Hourigan' s claim is barred by the statute of limitations, please accept this letter as its application for permission to file a late claim. Under Government Code section 911 . 6 (b) (1) , the board must grant an application when the failure to present a claim occurred Clerk of the Board of Supervisors December 6, 1993 Page 3 "though mistake, inadvertence, surprise or excusable ne- glect and the public entity was not prejudiced in its defense of the claim" by the failure to file a timely claim. " Had Hourigan known about the bond problem, the extent of the county' s dispute with the asphalt supplier, or the county' s claim to liquidated damages, it would have filed its complaint sooner. Hourigan' s investigation suggests that all of the facts occurred in 1993 and that the earliest that a claim would have been filed is April 30, 1993 . At worst, Hourigan was mistaken in its assump- tions that (1) the county would only accept an admitted surety' s bond and (2) that the funds available to pay it would not be com- promised by the county' s own actions . The county, we believe, has been defending similar claims al- ready in an action filed by Antioch Building Materials, Inc. , case no . C93-00977 . Hourigan thus does not believe that the county' s ability to defend the claim has been prejudiced. For all of the foregoing reasons, we ask that the county re- consider its determination that my client' s claim was filed late . Please call if you have any questions . Very truly yours, 6E4FH. WONG JHW:csc The Board of Supervisors Contra ra lerk Batchelor tJVJ +` Clerk 01 the Board nd County Administration Building Costa CountyA minlstretor 651 Pine St., Room 108 (510)648.2371 Martinez, California 94553 County Tom Powers,tet District Jeff Smith,2nd District Gayle Bishop,3rd District Sunne Wright MCPeak 4th District ` Tom Torlakson,Sth District 0'• 'r rT N TO: Jeffrey Wong 10455 Torre Avenue Cupertino, CA 95014 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911 . 3 ) The amended claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on behalf of "Hourigan, Joe Foster Excavating" has been reviewed by County Counsel and is being returned to you herewith because your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911 .2) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911 .4 to 912 . 2 and 946 . 6 ) Under some circumstances leave to present a late claim will be granted. (See Government Code section 911 . 6 ) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Clerk Dated: Enclosure JACKSON. ABDALAH f3 RODRICUEZ A PROFESSIONAL COR-OPATION JAMES E JACKSON 10455 TORRE AVENUE vOICE MAIL RICHARD K ABDALAH CUPERTINO. CALIFORNIA 95014 ).:CKSON' 235-9842 JAMES J RODRIGUEZ' AC:BALAH 235-9810 CERTIFIED TAX SPECIAL15T TELEPHONE (408) 2525211 ROCRIGUEZ 235-9824 JEFFREY H WONG FACSIMILE (408) 996-7045 WONG 235-9838 JACOUELINE B KESSEL KESSEL 235-9488 OF COUNSEL 'TME STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION November 24, 1993 CERTTFT D MAIL-RETURN RECEIPT REQUESTED RECEIVED Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, First Floor NOV 99 Martinez, CA 94553 r an Joe Foster Excavation CLERK BOARD OF SUPERVISORS Re: Hourigan,, CONTRA COSTA CO. Our File No . 20502 Dear Gentlepersons : I represent Hourigan Management Company doing business as J. F . Hourigan Co. I write to present this amended claim under the provisions of Government Code section 900 et seq. and in response to your November 17, 1993, Notice of Insufficiency and/or Non- Acceptance of Claim. The claimant is J. F . Hourigan Co. , One Kelly Court, Menlo Park, CA 94025 . Please send notices regarding this claim to my attention at 10455 Torre Avenue, Cupertino, CA 95014 . This claim arises out of the public works project commonly known as "Hwy. 4 Widening, SR 160 to Big Break Road. " The claim is based upon the county' s unilateral and wrongful retention of mon- eys as liquidated damages under your contract with Joe Foster Excavating, Co. , and the county' s unwarranted interference with the project It also relates to the county' s negligence in accept- ing a bond from Old American Insurance Co . , Inc . , on the same job. We understand that the county failed to verify adequately the surety' s standing and its ability to provide the required bond. I . The County' s wrongful, unilateral retention of liqui- dated damages and unwarranted interference with the project . J. F. Hourigan believes that the county wrongly withheld mon- eys due under the contract . We understand that there is a consid- erable dispute between you, Antioch Building Materials, and Joe Clerk of the Board of Supervisors November 24, 1993 Page 2 Foster Excavating concerning the validity of your liquidated dam- ages claim. The claims are being litigated in the Antioch Building Materials action filed in the Contra Costa County Superior Court, case no. C93-00977 . Your wrongful withholding also compromises my client' s ability to recover the sums due to it . Moreover, we have information that the county' s own actions caused the delay and cost-overruns in the project . Had the county not acted improperly, the project would have been completed with sufficient funds paid the contractor to allow the contractor to fulfill its obligation to my client . We understand that the claims concerning the county' s improper actions also are being litigated in the Antioch Building Materials action referenced above . We do not know yet the precise dates or events that support this claim. The county, though, is well aware of the issues and events though its participation in the Antioch Building lawsuit . II . The bad bond claim. The County and Joe Foster Excavating, Inc. , contracted for construction of a county project known as Highway 4 Widening - SR 160 to Big Break Road. Foster was the prime contractor . Under the contract, Foster was to post a payment bond. The contract was dated June 29, 1992 . Sometime shortly after executing the contract, Foster pro- vided a public works labor and materials payment bond, no 290619E, issued by Old American Insurance Company, Inc. You will find a copy of the bond's face sheet attached to this letter as Exhibit A. Hourigan believes that the county holds the original bond in its possession. The county's specifications require that the bond surety must be "satisfactory to the State. " I have attached a copy of the relevant contract provisions as Exhibit B. By law, only corporate sureties admitted to transact business in the State of California are acceptable sureties . See Code of Civil Procedure section 995 .010 . The county, therefore, is obligated to determine if the surety met the statutory standard. Hourigan is informed, believes, and on that basis claims that Old American Insurance Company, Inc . , is not admitted to transact business in California. An entity known as Old American Insurance Company is admitted but only writes life insurance and disability policies . Hourigan is further informed that the agent whose ad- dress appears on the bond readily denies that it issued the bond. Had the county called the issuing agent or otherwise conducted a diligent inquiry regarding the surety, the county would have de- termined that the bond did not meet either the legal or the coun- ty's criteria. Presumably, the county then would not have accepted Clerk of the Board of Supervisors November 24, 1993 Page 3 the bond and forced Foster to obtain another bond from a proper surety. Hourigan was a subcontractor on the project . Foster has not paid Hourigan . Foster claims to be insolvent . The county claims to have insufficient funds to pay Hourigan the amount owed to it . As a subcontractor on the project, Hourigan is a third-party benefi- ciary of the bond. Had the county not failed to fulfill its obli- gation and negligently accepted the bond from the Old American Insurance Company, Inc. , Hourigan believes that the County would have obtained a bond from an admitted surety. There thus would be sufficient funds to pay Hourigan . In short, had the payment bond been valid, my client would have been paid the amount due and ow- ing to it . I understand that Rick Bruno of the county' s public works de- partment was the person who conducted the investigation of the surety. I also understand that he or other members of the public works department are responsible for other actions involving the improper withholding of liquidated damages and the interference with the Highway 4 project, all of which resulted .in my client' s damages . We believe that the Municipal Court of Contra Costa County has jurisdiction over the claim. Very truly yours, JE H. WOO JHW:csc S. BONDING C( .,v.LwANY 19200 VON KARMAN IRVINE, CALIFORNIA 92715 - (714) 851-2500 Y PER. FORMNCE BOND PUBLIC YORK Bond No. 290619E r- )( Fo Premium $18,262.00 Any claim under this Bond should be V'%-I sent to the following address: 19200 Von Karman, #280 Irvine, CA 92715 KNOW ALL MEN BY THE PRESENTS: That we, Joe Foster ExcavatingInc. as Prin pal , and Old American Insurance Company, Inc , a corporation organizedandexisting urfder the laws of the State of Missouri and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto Contra Costa County 7 as ObligM OvIA/100 the sum of Five hundred twenty-one thousand seven -hundred six tv-tw 0 ars (S_5_21 ,762.00 lawful money of the United States of America, for the payment of which sum we and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated June 29 .1 , 19 92 with the Obligee to do and perform the following work, to-wit: State Highway 4 VlAdening, Project No. 4660-6X4029-90; located from SR 160 to Big Break Road. The work consists of constructing approximately 44' of pavement widening on Highway 4 from Neroly Road to Big Break Road with earthwork, pavement striping and traffic signal modifications all in accordance with the Plans, Drawings, Special Provisions and/or Specifications prepared by or for the Public Works Director and in accordance with the accepted Bid Proposal. as is more specifically set forth in the contract documents, reference to which is hereby made. NOW, THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials - to be ' furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents, shall not in any way release the - Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract doc=ents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. - 17XI Ir 5 DIVISION D 3-1.08 BONDS.—Contractor shall provide, at the time of the execution of the agreement or contract for the work, and at no additional expense to the County, a surety bond in an amount equal to at least one-hundred percent (100%) of the contract price as security for the faithful performance of said agreement. Contractor shall also provide, at the time of the execution of the agreement or contract for the work, and at no additional expense to the County, a separate surety bond in an amount equal to at least fifty percent (50%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement. Sureties on each of said bonds shall be satisfactory to the State. 3_-1 09 INSURANCE REQUIREMENTS.--Before performing any work pursuant to the Agreement (Contract), the Contractor shall, at no additional expense to the agency, obtain and maintain in force during the entire term of the contract and until acceptance of the completed job the following insurance: 3-1.09A With Respect to the Contractor's Operation: 1. Worker's Compensation Insurance pursuant to State Law, including Employer's Liability. 2. Comprehensive or Commercial General Liability Insurance, including coverage for blanket contractual,owners' and contractors'protective and broad form property damage liability, with a minimum combined single limit coverage of one million dollars for all damages because of bodily injury, sickness, disease, or death to any person and damages to property including the loss of use thereof arising out of each accident or occurrence. 3, Comprehensive Automobile Liability Insurance,including coverage for automobiles, owned, non-owned, leased or hired by or on behalf of the contractor with a minimum combined single limit of one million dollars for all damage because of bodily injury or death to any person and damages to property including loss of use thereof arising out of each accident or occurrence. 3-1.0913 VVith Respect to Subcontractor's Operations: 1. Worker's Compensation Insurance pursuant to State law. 2. Comprehensive Automobile Liability Insurance, including coverage for owned, non-owned, leased,or hired automobiles,with a minimum combined single limit coverage of$500,000 for all damages because of bodily injury or death to any person and damage to property including the loss of use thereof arising out of each accident or occurrence. 3-1.10 ADDITIONAL REQUIREMENTS.--Regarding Comprehensive or Commercial General Liability and Automobile Liability Insurance, the policy or policies and the riders attached thereto or the certificates for the policies or riders shall name Contra Costa County, and those agencies or individuals listed in Section 6, "ADDITIONAL INSUREDS, WORKING DAYS, AND LIQUIDATED DAMAGES,"of these special provisions and their respective officers, agents, commissioners and volunteers as additional insureds. , JACKSON. ABDALAH IS RODRIGUEZ A PROFESSIONAL CORPORATION JAMES E JACKSON 10455 TORRE AVENUE VOICE MAIL RICHARD K ABDALAH JACKSON 235-9842 JAMES J. RODRIGUEZ• CUf'E RlINO. CALIFORNIA 95014 ADBALAH 235-9810 CERTIFIED TAX SPECIALIST TELEPHONE (408) 252-5211 ROORIGUEZ 235-9824 JEFFREY H WONG FACSIMILE (408) 998-7045 WONG 235-9838 JACOUELINE S. KESSEL KESSEL 235-9488 OF COUNSEL 'THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION November 15, 1993 CERTIFIED MAAIL-RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors R ECEIVED Contra Costa County 651 Pine Street, First Floor 16 W Martinez, CA 94553 Re: Hour; gan, Joe Foster Excavation OFSl1PcRv15GRS� Our File No. 20502 tt _ �0�7�iACOSTr:C . Dear Gentlepersons : I represent Hourigan Management Company doing business as J. F . Hourigan Co. I write to present this claim under the provisions of Government Code section 900 et seq. The claimant is J. F . Hourigan Co. , One Kelly Court, Menlo Park, CA 94025 . Please send notices regarding this claim to my attention at 10455 Torre Avenue, Cupertino, CA 95014 . This claim arises out of the public works project commonly known as "Hwy. 4 Widening, SR 160 to Big Break Road . " The claim is based upon the county' s unilateral and wrongful retention of mon- eys as liquidated damages under your contract with Joe Foster Excavating, Co. It also relates to the county' s negligence in ac- cepting a bond from Old American Insurance Co. , Inc. , on the same job. We understand that the county failed to verify adequately the surety' s standing and its ability to provide the required bond. J. F . Hourigan is a subcontractor who performed labor and provided materials to the Highway 4 project . It did so, in part, in reliance upon the existence of a valid payment bond. My client understands that the prime contractor, Joe Foster Excavating, is insolvent . Had the payment bond been valid, my client would have been paid the amount due and owing to it . The county' s failure to verify the surety has caused my client' s damages . J. F . Hourigan also believes that the county wrongly withheld moneys due under the contract . We understand that there is a con- Clerk of the Board of Supervisors November 15, 1993 Page 2 siderable dispute between you, Antioch Building Materials, and Joe Foster Excavating concerning the validity of your liquidated dam- ages claim. Your wrongful withholding also compromises my client' s ability to recover the sums due to it . Moreover, we have information that the county' s own actions caused the delay and cost-overruns in the project . Had the county not acted so, the project would have been completed property with sufficient funds paid the contractor to allow the contractor to fulfill its obligation to my client . I understand that Rick Bruno of the county' s public works de- partment was the person who conducted the investigation of the surety. I also understand that he or other members of the public works department are responsible for other actions involving the Highway 4 project that resulted in my client' s damages . We believe that the Municipal Court of Contra Costa County has jurisdiction over the claim. Vetruly yours, �V. W JEF Y H. WON JHW:csc t. v� •.,1 xt�y, ��1 fir.. 4+' r-C O N U � °t. cG � 0 W � � d o m z c �a � j Z o u S]Z p bOb d a u' OV • •• In .•• 4 • r "7 AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 4 . 1994 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all 'Warnings-. CLAIMANT:JOHNSON, Albert Kent ATTORNEY: Date received ADDRESS: California State Prison BY DELIVERY TO CLERK ON December 7 , 1993 P.O. Box 3481 4BL-49R Corcoran, Ca 93212 BY MAIL POSTMARKED: November 18 , 1993 Certified Mail P 391 052 /5 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk � I DATED: T BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( Vf 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: 3 BY: fDeputy County Counsel 11I. 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. ( ) Other: I certify that this is a true and correct copy of the Board's Or er entered in its minutes for this date. qty Dated: 4 _ iJ � PHIL BATCHELOR, Clerk, By , . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina 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: JAN 5 e oca BY: PHIL BATCHELOR by ° Deputy Clerk CC: County Counsel County Administrator 1 DEC -- 7 1993 CLMKBn, � COfdTRA�OR�ISQRS r — -ax—Azoll- exhi- i Sc. r_►.�a' p��fl_� ��' �� C' Y�14/Cl�l3u���� OGf®. G� �fU,i! fuse' _ r eJJ——. . ,� ,_ a�ccs�/�i �s�— . co Sheriff-Coroner + Richard K. Rainey o�Lr� SHERIFF-CORONER P.O. Box 391 Costa Warren E.Rupf Martinez, California 94553-0039 Assistant Sheriff (4!5)646- 4644 County Gerald T.Mitosinka Assistant Sheriff Rodger L.Davis February 24 , 1993 Assistant Sheriff Mr. Albert K. Johnson Martinez Detention Facility 1000 Ward Street Martinez, CA 94553 Dear Mr. Johnson: We have completed our investigation into your complaint regarding the conduct of Deputy Sheriff C. Fair and Deputy Sheriff S. Yates . - in regards to the performance of their duties on December 3 , 1992. Lt. Weymouth of the Sheriff's Detention Division was assigned the investigation. I have concluded that your complaint is unfounded. The investigation revealed there is sufficient evidence that the deputies acted properly and within the scope of appropriate regulations and applicable laws. Sincerely, Warren Rupf, Sheriff-Coroner Ger ld T. Mitosinka, Assistant Sheriff P.S. The District Attorney's Office is in receipt of a battery crime report which documents the December 3, 1993 incident involving you and Inmate Davenport. As soon as we know the results of his review I will notify you. WER:GTM:MPW Efti4PLOYE - Contra Costa County Detention Facilities =° rNQf �S * INCIDENT REPORT 114CIDE�d7':M�F��`lJ �3r�y /iYinATZ- ' INCID ' T FACILITY: L Z' REPORT LocATIOND:%TE/TIME 1--2191'92 DATE TIME /7,: �1 MoDvL C- OCCURRED: / C �/ // TIME 52,6- INMATE: )4 - Q�dE�rd�T ��/3�7�T LcZ- 1 . HOUSING last BOOKINGr ._92ZQ�3q/ ASSIGNMENT: 2 Z Frst Middle WITNESSES) --LIST-- Name — Address If an inmate, give booking : SYNOPSIS-._ .,� r..:..; .-e:" '--�' , :�;y. �-,:.;,,::• . �..-y.. •. A. :' .. L3 ti a•1;'b_':%''X„.T.�`a•-,1+r5;,a-.eI'+:.'\:73?C,+•v._:'_�^r • NARRATIVE- _ - l'Ory 00, A 2r mss/ ��i= Ti,,'Jl= S u�r9, : 71 Z) 77-56r- siii 2S / / iirl r s<�s �Ja,•.� S�/tea min/C TT) r/1,1r /i(//l7.ATTr o Tc>.Qit/ 6 S9C L� .4 -?�o Tib/,f T� � d•�' o. 775 /2T — . L!J/fR'.L�LfJ�i 30 ,r .2,4i.1��✓G vf= ACTION TAKEN/ CO - . �`� �f-892 9 _ 5•�����J�►✓ c��� REPORTING EMPLOYEE # SUPERVISOR # 0OERA DIRECTOR O.D. ROUTING INSTRUCTIONS: White to Facility Administrator -Yellow to Booking File - Goldenrod to Inmate By: t - Pink to Lineup Board f Page One of __....,.. �y.........,». -._,._.._.:.....-.__.:...s___....-_._. ......,...._._+ _.. . - ,...-..max•.•,,..:._-..;_. ..u,.;_.. ..;-r.� - -- - - _' --- :-r.:..:. .L...—_t...+ ._»..-_a.3'w...J..-._.•.+...._.....L_...:.:...._.....�C_,.._ e•c-___..r .! ..n,.'ti. ..-...«s�.Nz _ tom...:Y• lontra Costa County Detention Facilities * INCIDENT REPORT SUPPLEMENT DATE OF N'dF /� INCIDENT DATE: /2 ?Z ORIGINAL: 1'/71rIG-T INCIDENT: � 1 REPORT z: HOUSING IN-MATE: BOOKINGn : 9220339/ ASSIGNMENT: O Z Z Last ' First Middle B-CONTINUATION FISUPPLEMENT STATEMENT DISCIPLINARY INVESTIGATIC NARRATIVE/INVESTIGATION: �•4,C .L 1�.� f3L� r,�/POcy�/ oi�/ao rN/= /Z,1/ /�1�liG'YJ div TD sG�C�Y,9T� 7716-7- 72,,01 rte'/ i� ,a �o.�� oc, ��O ,0 .P/fir-�?i4Tt�1 /�i� `�,r, Tol�✓r/�/ 7iff-n _!.v rrrPu�r�.� r i/�iy��,t/ i D .y/�� .t3.9G',� .�i✓,O h�/' r1i.�1 D Z-t�1 AT 77t1/c 77irJ/,T /,li✓D TOD,� 4oNr.�DG -Ax: .i/lci /x'77 P1YI T Az//J 7V 1, -T- s/c' ' � r.��' /� t Lun r r.Pi�n� 81177*L-2— Z0 4'97711-V &/Cil,-n77 (%,i�i✓f'on/ ll i�r �9.4So %��J �7+'I �a�? /�/�/�r di Thr Z,rx zf ty2zz-� e�Q el6nZ r�T /7i��- moi¢ci d - Pim fra-i.��'•�J �� � �-�r !u/-/�-�/ .�.�c`2� t.���/ rs�ir DC �P�i� ✓o�.✓��.� s'»IT� '/ ���%rr P/ �/ �?/�i� hc- /,llr4r/77 Tl err �rrrr/J..-7�r%Y� T .¢ny/ f/���1•�C/L� A/o �� ,��dr'I ra �/i> COMMENTS & CONCLUSIONS: C ACTION TAKEN: REPORTING EMPLOYEE SUPERVISORP IONS DIRECTOR O.D. ROUTING INSTRUCTIONS: White to Facility Administrator-Yellow to Booking Fide- Goldenrod to Inmate - Pink to Lineup Board Page of � :. ET.059.FRM._... . ..._...._................�.._,. ..,._.:u. ,. ,..,. ..,_ _ -- -- -- _ ' CONTRA COSTA COUNTY Number 4-1 DETENTION FACILITY Effective 10-07-91 Replaces 7-17-91 . 20. The Operations Director will appoint the Depu- ties that work "D" Module using the following criteria: a. Maturity b. Martinez Detention Facility, experience c. . The ability to supervise special management inmates. 21. - "D" Module Deputy will personally observe high and medium security inmates at least every thin-. ty (30) minutes and on an irregular schedule. a. More frequent observation is required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior. b. These module checks will be documented on the Daily Activity Log for "D" Module by the staff. employee working the "D" Module Control Room. 22. The Morning Watch D Module Deputy will inventory each file in the Control Room "TUB" and compare file names and numbers to those on the Control Room Panel for accuracy. a. Files that are empty or lack documentation of why an inmate is confined on :'Dir will bet.- brought e.-brought to the attention of the Morning Watch Custody Sergeant. - b. The Classification Unit will be responsible for forwarding reports which indicate the inmate's classification status, and applicable reasons. GENERAL INFORMATION INMATES HOUSED IN ADMINISTRATIVE SEGREGATION/ DISCIPLINARY STATUS a -5- .�..c:._•z-_..,.....--.........:_.�..__-�-_._._____.:_�..._.__.....,:.....—_._..._.. ....._,:.,, ....... _.. - - - �':•' '„•--axe.. _ _ ..x�::`i:= x.. t e CONTRA COSTA COUNTY Number 4-1 DETENTION FACILITY Effective 10-07-91 Replaces 7-17-91 a. '=N,L•7 .. -Out ed b. Classification will deter'iifine which AdSeg Inmates may be out together and notify the Module Deputy as the module population changes. C. Both courtyards can be used to accommodate Ad Seg Inmates, using proper security measures in escorting them to and from the courtyards, and ensuring the courtyard doors are locked. d. officer Safety will be observed when Ad Seg Inmates are out on free time. e. Recreation/exercise time will be given daily, usually between 0800 and 2200 hours. Courtyards will not be used after dusk. f. Free time (for showers, T.V. , phone, etc. ) will be given between 0800 and 2200 hours. ___ g. The one (1) hour free time will be granted, except during times of unusual operational necessity, when the free time may be shortened to less than one hour. Shortening or canceling the one hour free time requires authorization of the Custody ' Sergeant and the proper documentation must_ . be made on all logs, and module "Redbook". h. Free time on Wednesdays.. will be given prior to the start of the facility clean-up,­ and after the Facility Inspection 'Team has inspected the module. If courtyards are used for free time during module clean-up, inmates are not to be moved to and from the courtyards over wet floors. The courtyards will not be used for free time during courtyard clean-up and prior to being inspected by the Facility Inspection Team. i. The Classification Unit will determine those AdSeg inmates who pose a threat to security or staff and may need to be allowed their time out alone. Inmates classified as "out alone" will be housed on "C" Section as a first choice assignment, otherwise the "A" Section. O Gy lq�' 933 �P: o il r� m cc' ct - rti4 ,At �ful w u a a Sys# to o 6 r rA- CD U) C p . � V G i«.. S'.... AMENDED CLAIM (D, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JANUARY 4 , 1994 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph 1V below), given pursuant to Government Code Amount: $800,000 .00 Section 913 and 915.4. Please note all "Warnings". CLAIMANTYERISSIMO, Larry, Mr. & Mrs . ATTORNEY: Law Office of Willard E. Stone Date received ADDRESS: 1211 Newell Ave . , Ste . 124 BY DELIVERY TO CLERK ON December 3 , 1993 Walnut Creek, CA 94596 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATEDtjo cyIL Bep�HtyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors (11"') 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: �e��� g �� BY: Deputy County Counsel V V III. FROM: Clerk of the Board TO: County Counsel (1) County AOfninistrator (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. ( ) Other: 1 certify that this is a true and correct copy of the Board's Or r entered in its minutes for this date. Dated-JAR,4 _ � lD PHIL BATCHELOR, Clerk, By (5, . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. you may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina 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 No ce to Claimant, addressed to the claimant�pa11sshown above. Dated: bN J 4. BY: PHIL BATCHELOR by_q� ° i Deputy Clerk CC: County Counsel County Administrator Amended " 'Claim to: + BOARD OF MPERVISORS OF CONTRA COSTA 00t� f II+I MCTIONS TO CLADLW A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19877 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Fine Street, Martinez, CA 9$553. 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 TO # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # RE: Claim. By ) Reserved for Clerk's filing stamp Mr . & Mrs . La rV VPri c c i mn -1I ) RECEIVED Against the County of Contra Costa ) or ) EIEC 31993 District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA COSTA CO. HAND DELIVERED The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 800 , 000- and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) December 22, 1992 2. Where did the damage or injury occur? (Include city and county) 90 Orchard Estates Drive , Walnut Creek, CA. County of Contra Costa 3. How did the damage or injury occur? (Give full details; use extra paper if required) Failure to issue claimants the final occupancy permit in connection with the construction of their new residence inspite of the fact that the claimants had complied with all conditions requested of them, in the construction of their new home ,resulting in inverse _condemnation of claimant ' s real ro ert and emotional- i strPsg__ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Health department employee negligently reviewd and approved claimants ' plans for the construction of of a new residence , mistakenly approving the plans as plans for a new addition to the former residence which had been demolished. County then failed to approve residence for final occupancy even though claimants had fully complied with all requirements . (over) /5. What are the names of county Or district officers, servants or employees causing the damage or injury? William Grossi, Joseph Doser and George Nakamura 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. County health department is now requiring claimants to obtain public water and sewage connection to their new esi ence, ffrom C tle Ror_k Road to 'keh D`Dreff'a 100., 00" tS oy�7 � Also loss o use Asproperty aria lega'17Le motional' dis- tress 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Estimate of $100 , 000 to make connection to public sewer and water systems provided by Sanitary and Water District ; reduction in market 'value of property 1 $500 , 000; -loss of construction loan $50, 000;Emotional. distress $100 , 600 ; attorney fees $50, 000 8. Names and addresses of witnesses, doctors and hospitals. Not applicable ---------------- ----------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT December 1992 Attorney fees Approximately $ 20, 000 May 1993 Engineering report Approximately $10 , 000 December 1992-1993 Los of use Of Approximately $ 100 , 000 ieii�%pie* A.*' * * * * * * * * * * * * * * * * * * * * * * * * * * Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) orbsome oerson on his behalf." Name and Address of Attorney Law Office of Willard E. Stone 1211 Newell Ave , Suite 124 (Claimant's Signature) Walnut Creek, CA. 94596 90 Orchard Estates Drive (Address 7— Walnut Creek, CA. 94598 Telephone No. (510) 935-1711 Telephone No. (510) 1;y- /� V I V * V I * V If "* i * * * * * * T I T I V I T * I T I 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 ($1,000), 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 1,2y li BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT JANUARY 4 , 1994 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $250,000. 00 Section 913 and 915.4. Please note all 'Warnings'. CLAIMANT: FOLTS , Lawrence M. ATTORNEY: Gregory P . O 'Keeffe, Esq. Date received ADDRESS: 2311 Taraval St . BY DELIVERY TO CLERK ON December. 15 - 1_993 San Francisco , CA 9411.6 BY MAIL POSTMARKED: December 13 - 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IV BATCHELOR, Clerk �✓ DATED: na e Pte• . ) �q 3 Blf: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 4 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). W. ) Other: 'A � eAAf/_e,lA_ O`lL� I&t, 0_ Dated: ���,,,, j(�� 013 BY: Deputy County Counsel I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Bo d's Ord entered nits minutes for this date. Dated: _�AN 4 1994 PHIL BATCHELOR. Clerk. 8y � . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JAN 5 — 1(lf1d� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator L4a �T Clair to: BOARD ORRERVISORS OF CONTRA COSTA WJMO INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury Z.,o personir to per- soral property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for-death or for injury to person or to personal property or growing crops and Which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must. be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Lawrence M. Folts RECEIVE® Against the County of Contra Costa ) EDE�C ' or ) District) CLERK BOARD OF SUPERVISORS Fill in name ) CONTRA CCszA q.0. ... The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 2. ,50,000-op and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 9-2'. .-93 10:29 a.m. 2. Where did the damage or injury occur? (Include city and county) Clayton Road, 289 feet east of Matheson Road, Concord, Contra Costa County 3. How did trhe damage or injury occur? (Give full details; use extra paper if required) The damage occured when a Contra Costa- County Road Crew failed to cover a man hole, as a result the car in which plaintiff was * o hit the open hole and flipped over. A PAsjFA/GF)P 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The failer to act reasonably in covering a man hole cover they worked on. ;cv�rj wnaL are the names of cooty or district officers, servants or employees causing the t3mage or injury? City of Concord, Sewer Department ---------- --------— 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimatesfor auto damage. , Hand lacerations and head pain, resulting in permanent injury 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Medical Specials $40,060 estimated Pain & Suffering $1 85,000 Lost wages$25,000 estimated Names and addresses of witnesses, doctors and hospitals. See A4. cident Report Attached 9. List the expenditures you made on account of this accident or injury-. DATE ITEM AMOUNT Gov. Code See. 910;2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) orb some person on his be-half." Name and Address of Attorney Ox ff, Gregory P. O'Keeffe, Esq. tClaimant's Signature) 2311 Taraval Street San Francisco, CA 94116 4598 Deercreek Lane (Address) Concord, CA Telephone No. (415)664-6788 Telephone No. (516 I V V T 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 ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such it.–prisonment- and fine. ..q SEP 123 10 2U CONCORD POLICt DEPARTMENT i 0_2rri'4'i3'iy Trxire +•!q. ilww:rry F TRAFFIC COLLISION SPORT .'. _... ...�_...._._.___....._...�__.^.., INlU}}h 6VttlricLlfi- r}7);,OrIf LTT;:rwT'Y 1- IS: ''--''`�DATk W T1MLt RSaiyRT$a "Pdae KiLL¢D MIQO I Crrr roLl4c OTHan w{.ti 1 w 1 S ( I A DN M 4TMtrt 1itlTStl1)4P&�a , 9 ! 1 II /02/ / _ _ _�_.,�w . _,..�. _._ .. RAYK ;I TtML 1Ci t;I.u,r it t•tt 'q2S; yr YlOi''7 V1610eM Roccov ) _ 9' � 102 9'_j 0704 '1 CCURR {f-�yFt%R-`I F� RV lJY}IiAI"fi�TJ T�.•��-_....•.�. r -- !P CD I-11AY ift'WRQk:•.4,rfGtr AIYAY tTA'fIrrtNOT08,I p Y FLFfY �1I tff{ YI'.i YQRRR4 Y LI 1 U( Ar INTahs CTI W1TH _ �'+ _ _�� 8 Ca NDARV lTRCUT} +- tPl EO Ib lVPP '} ,LrRy/ / (''�J�,, LIMIT 0P' r{Q 7 P E N 8 E' W Df /V,4T11.F 0A) • (^_i RVR DRIvSR !LICYN!@ Na. QTATB I I; aAtSTY vEH,YR. MAKFtM OELJCD DIi 'LICKNOIt NO. A-1 17 1641 PYD NAi-iv/Ylnt►Tf,MibbLa,LA;;j A f-I t/� L 4t VCM iTITt6i aDDRs r_..._... �.� (, (/`sfy/)/� �} /�,/('� 4WNItR ! NAMEtat�4E A8 D14{Y¢R I .".'VPYC6R7-0 C/ k, _ >l1KQ (CITY/a7AYQ/t1Y OWNER >ti ADDR1(b! 6A MAC Ad bAIvILR ' I¢TNR 8SX NAiRa�f¢TE6 N�+DMT W�/�N+(yY�� 1 ¢1A TNDAYF,fJ��,+'� Dj A�C�E Aii7'Oil\'IAN Or��V a}HICIL: ON PRbE1ER +'•Y� ; }nrrlcL+r 4n{Vc� HOME YNONIS tI:USIN-iSt PHONE PRIOR MKCHANICAt DL"r'4 CTS: ( NGHL nrrAptNr ( }ASPaR TO NAR R+,TIVh TowlD 9Y// t DEoF.RIIIrE VQNICLC DANIAaL' SHADG IN LIAMAGUP i 1NtURAM1i:�QC/AHRIQR POLICY NUM@RR / 1'� +( )LINK )NX}NQ { }MINOR ARRAI /• 1///�AI ( t_)110 KMA10R (,PTR*AL 'D:b.OrfaN STACK" DR HIDIIWA 'PUC Al C H P PftvR DKIY¢R !LtCI1:NSA NO, YTAYR JCLAt5 SpPt,'TV V11N,YR,f{I MAhEJMODBt.;CPLOh� 41CQ1VtC ND, lTATK . . . . , , . , , . . • . . . , , . -... .,.....�. �_._....,.. .-..- .._-...r i RICO tThKRT Ali l?RElB OWN@R ! AAM$ ( }8At.7li Rt DRIVCw V!H tliKC CITY jiTATE/>:IP °WNEh1$ AVQ, ci6 ( }SAME as DRIVER r aTHR SoxHAtR ¢Y$! H4M7 WOH= IT 3RTHDATfi~ RAC¢ DIQPDlIT ION OP VSHI¢LE ON OR b7'RC OR; ; lorries. ( (OAIv6A --' { MO. Y bAY 9 VAAR ( }aTHtR i!VliNQ�* PHONQ PRIOR MECHANICAL OCPECTa: i • ( lN6Ha .roANi Nr ( }RanaR TC.NAA RATING RY DL'.8GRtaQ VEHICLE DAMAGE Al IN6URI1NGlt CARRIER POL{CY NLIM9LSR'. }MINOR !!11 _ )MAJOR S }TOTAL, 9iR,9P��},N TREAT R 10 lI;✓A / LL !L'ML �'.. MCC(} 1 •.: ''. ' ,..��, t+. !CHI gAVR ttORIVAR: LriaQHi p. STAT. CLAOS9AFs'(Y Vl,M.YA HAM-S/Mh4CLJGO LqR LICENS'Q NO. tYATK F CO. , P Is-A . . , . . . . . . . . . . . . . . . . . I �'ti L � T} � "`� k" \� r Ilrl � SS,+ ir5{14� [SlJri �'�r�l.Il,}hiS `,144 'fYti-1��ib11 _ FKG} I Ira t 1OWNER't NAMIc r i&AMAO DRivCh .. AN AIQTY• �JTr,HAlR E .. _... ...-. _ - _.. -- � ., WONT A AGE Dtil'CIlIY18N 4r VUHICLE ON ORDERS GF Md, AY I ( IGrFICCn _ �NISM,Q�►HONQ IiVa1N4"!! PM4NIt t._........,.--,._ .......-_,.._.-._.-., .--. PRIDE MUCHA NICAL DE KR CTS: ( )NONE A0►ARawr ( }Af P 1110 TO NARAATIVi (TOWQb MY DctCR{YC VRtIrCLI` DAMAGE SHAD¢ IN DAMAV6Dj Nil ANNA: { )WNW { INDNK ( )MINOR { IMCb ( ?MAJOR { }TOTAL TRISKT -_. ._.. _...w. _.._.._..-, OrR.tT lr�ON YTRXtT QR Hld NvrA Y PC/� ..-.,.__.... ..._.......��.,,. tYRAvnL _... IGC ( CL:1�}..—..._ PUQ ( } 'GN IND Gf HIG.@t � t1KAT 1CNP Tr 18 wCP,ryRT yvi Ryj.,p•�yiw•.�IV iUf VI66R ARPROVINS CONCORD POLICE DEPARTM€NTTRAFFIC COLLISION CODING PAOR 42— N0NVM/DiM 1 _--Lf•,-•(aJ—{� 704 11 `� r (w/' it, ens• Vaww OTIPIRO �•y4/NAMKj'AGDRR t}f lyii0AIC 46 t}mNiRt3@ 1'aaicn}Til�ttiQ �. x1�! "►c. �'.f ._._. ��—I�,�i -- /VJ __. SEATING POSITION &AF' TY EQUiPMEN7 C r:JECYBD FFtPM VEH,i M? BICY E 1 E C�UpA�hfT -- - — 8.Nm Ejected t DdIver L.Air Rap Deployed M('LMET ' 2 to 8•passengers A•None in Vanicla M-Air Bag Not DOPICYed , t Fully Ejected 8-Unknown N.Other DRIVER I x.Pertishy Eie.'ted J-Station Wagon Roar 1 C.Lap Bait Used f+:Not Pka uiretl V•No 3=Unknown _ 6•FSR,Qcc.Truck or tan g - 9•Position Unknown ! p Lap Boit Not Used W' tires 7 E-Shoulder Harness Used CH I Lf3 f3G le Used T p-Other � F-Shoulder Harness Not Used 1�• In Vehicle Used PASSENGER & G. Lop/Snovider harness Used Pi-ill Vehicle Not Used X• No ' ? H• Lap!Shoulde( Harness Not Used S• In Vehicle Used Unknown Y. Yes 7 3•Passive Rnstratnt Used 'F-In V0111fie impeoprr Use K-Possiva Rrstralnt Not Used U Nano In Vehicle j ITEMS MARKItb OCLOW WHICH AR11 I'DLLOWED BY AN ASTERI29 Is)SMOULq aE rXPLAINrO IN THE flAP.RAYIVE. ,-,71 +�"•� LL-;Ii;" FACTOR `-TRArnIG C014TROL bkVK91f1 �! TYPE OF VeHICLE Y 3I1 MrYViZMertT PR6Cr£6)No )aT NO• ls►j Of PARTY AY PAVLT Gtl4L1i lUN -- u x A vC Section V101810d: Cited. A Controls FunCtlonin�jl -- A Passes er CarlStation WbDn _IA StoUPdd---___ _._:.. . ..... .-..l I )Tet k )Nog Controls f�Jfit Fun.tionina• B Poston ar Car With Trailer $ P-MLoin Strs ght j$ Okhrir improper priving, 1 1 G Controls Obscured-._---. C MotorcYclo/ScQotor C Hun O,l Aoecs.. . . .. . _ ! b No Controls present/Fa,,_„ctar' D Pickup or PAnal TruckP1 f� ��akin�iaht Turn C Othor Than 01vet* TYPE of COLLIfIION E Pickup/ pnelTrk,WlTrttiler E MOkln Left Turn F Truck or Truck Tfactor_ V — F_Rri&king U Turn _ ZW _ roll Asleep* 0 TruckJTrk.Tractor WlTreilar Q Backing __._....._ 'S AYtt$R MARK ! TG F ITEMY' Rear find __ -- _ f°I BChaal Bus I H 51Dw�/Sto II't,.R,...,, D Bruadctde -- 1 Other i3ut T t Forcing Other ti uhici0 A Clear �._— — .... -- f_.... _.____.._. d lChalt in Larvas H .ta_�..._.__.._..�..... F DvOrturned I k Hw .COnst.Ecuiprnent Parkln;l.IA,neuver i C itelnin ...wy,..,o .., �. _......,-- _Y� 4 vehicle PedOetrlan - L Empr ng Traffic Othar Vahicfa M 01har Uns9fo_Turrtih4 )r Fo 1Vi Ibis)._tY —. F,. — -- T..M_.- .....I ..,_........_._...._._._ --_ • «; H474R VHMIGLL" iNVOLr�tix w!?r• i N Padasirian.. .. .- .. C}Yh9r _,.,.�.--.._....__....,.,,....._........ A Nan•wlision © Moped Q Parked Lra>,rlNo 6,Paticstrlgn .. ! p Mar Ing_ v _j I A Dayliph) s C Other Motor, Vonicia a Treveiinq Wran(�W� ____.........-. ... IF . otor Veh.© dwaTlaeR ASacC}ATLrC TACTOthur*: {MARK I YO Y ITEMSI - E Perkad Motor Vehicle C Dark-Streel LLi + s _rw - _ VCS Section Viol Train .,' at,a ifg Dark •N4£tract Liehts . � ICY i il", G Sicvcle�- " 0 VC Section Violation Gis4HRIeTY ORU6 Gark•Streak Llphts fdot -.--.-. . Y c: IHAnimai + PNYtICAL ::: )Y ?. i MARK I TO X ITBMB W POADIAAY $V11FActr <:; G VC Section Violation Cited; --I- ---i— 1 Pl a O' ec _ — A Dr - it :.t: _ tied Not goes k7rinkin A {J Other Ob'e _...._ ,.f: <r..:;: ;'W. 3`" ._i i B IIDD•.Under_Influomt_ C Snowy lam.—_._...._.._..._,.... Vision`�bscuremant W G_NSCJ_Not lJnjorintluanrs _ rr u d ll.v L - -- • O_M6D•Im airmgnt Unkr.own*l EP Inettontion __ �_..me__v ROAPWAY CON01716n4 P[D62YMiAN•5 ACTION 0 Stop&Go Traffic - .�'��... �•� tSridaT Qrug InfjuenCe*_ IMARIt I TO F ITEMS P )m irmant•Ph :i Cal* 1 A__No isedes_erian Involves!— _ ' ..;. ..'H FmorinQt�eavlz�g fiem�a -_... iaa.. ........__ Y. —-i ?iolec,Q6ep_F1u;f* Crosci�g in Crosswalk i i previous Collision . ..... _. . G 011 it rmant Not Known S Loose k bio rill pn i�oad:Ya --�--* --- _....-,........_._..___ H Not A)�piiwpp.e _ $„et fncerseC,Ion J Unfam1Ila r with F 13d 1.._.._.._ Obstf'uction o,Noedvvay_* C irrassing irf Crosswa{k-NoI i K Detective Veh,Equip.: Cited: i I Slae FII D Canstruc:tipm•Repair Zone et_Intersection Yg£ ftaPRCIAL fNPpRMATICn _ _ _. —.m E Reduced Roadvva.Width 0 Crossing ,Not in Crosswalk _ L Uninvolved V0h!Cte �A Ha2ardous Materiel �p Flooded* �E In Road includes Shoulder Other:` g Fire inyolyad• _ tea, 7thar•_ __ F Not in Rovd None AppDrO_nt _ _ G Tire DefactlFeilure H No n ;uat Condllicri, A ciqcb)Leaying Scho I OuLRun wa Val+icie T T IKATCM: MIYCELLANEOVS; � 1ip pA ~ " tNp1RtN� CONCORD POLICE DEPARTMENT WURED/WITNESSRS/PASSENGORSO PAOx , OAY11 P �j41. N jT1M8tg• ' "'"0704 '" Own1 11.11 N11rAplrle r eT {_1 7 07 0704 / /J� VX EXTENT OF INJURY (11)("ONE) INJURED WAS R"X"ONE1 Ni.AArY r r■ wITI.[f[ •Aff[no aM� AYY fax - .-..•• _ -.. �- f[w /� T• f/itYCD VMiLY ONLY 1 rwTw� /rvanC IfrYtiaw v�f la�a �:LA'.ri.A1NT pRlVin rAfaT D�wicvs4.rl TNNa 1MYa� PPI, j 94Vt+, ,- 1 ` IN14AY IN/V 11Y INJVnY Or +AIN DF N�••"'— - D.O. ADDRSYa _— - TR"S67 NI[ 1TRA iPpRTRD�lT 1 � o ONLY + TI1NR TPI ._.�_.. p+ --.-� - DHiGRiBH1NJURi61 ' •M„ _� .--_- _,- .•• ITT•-W„ --- '_"�� VICTIM T M GR V O eNI+ T CRIIAR NdTiHD• 1 4 NAML L, ADDIIHIt �•7RLHPHON JJCJJC��ff'n/6 El A hf OPPA rs 5 uND7"2 'TRANS+11AYH)J VY INJYR BD PNL! ....._...�----- ...... Yv TAKEN TOI DRfCRIttH INJUR1p.R— VICTIM OP VIOLENT CRIMR NOTIKI[D Is NAMECCD __ _) _.___—._. D 2B '� 17f�fjL8A2M0 �L— YIVAN1rpwYKP�v (IfJJliR1 �...� .. .- ..__— -�-� _1.Y�P M �•� I-' I �- TAKEN TO: VICTIM OP VIOLENT CRIME NOTIRIRD 0 -� NAME TRAN/hOpriCA py lINJU niiti :- ..-..___-.. ... _�._�L=J-- __• ^^A%N Vo. VICTIM OP V1d1,4NT GR1MR NOTIPIHb IIAMSW— lee A TRA NIPPR T/iD oY INJVR D� ONLY)' TAKRN Td: Y'�--'""'- VICTIM OF•VIOLHNT CRIME NOTIFIED _�. _.. .� VAMC p O if ADpRKii - L---••--••'-.. �JUY� i2c�l _ _ i.t 1&7v M0#2 tm ITRANDJ'Oktib YY�NJUhfln pM�Yfi -��"— YAKEN To; I wRr PR 71NJ IiR��[tn sp- -.--� �.�. U VICTIM OF VIOLKNT CRIMR^Y OTIP IBD w K AND TIM REPORT W'R l! VIfOR APPI/AVIN. TYrlf 1- DwYH AIIP YI Mf: ha+GnT YY ha:o "'� P01.106 06PARTMONT I NJU RE D/WITN ESSIESMASSENGE IIA4Z TIM61 4 rok 0_XTeNY Or INJVAY (++X++XII ONN NAMED WAS J"X' ON F.I K-ry OVAT CGVIP VOTNItIf ^48 max vs dc Gy"Umviosal.9 QQMPLAIV4V DRIVgn vv4v" or I-AlN INJUAY ifdIV*V I ff""Y -7 J co NAM MPAI PIF VkC-11 TAKEN TO: TRA RPO Wv-j'fa.uwfO ONLY VICTIM OF VIOLZNT CRIME NO"Fleb NAME 5T TRTA WO P 0­aT Z 5 by�ilViVR D 0 NZVT_ ... ........ VICTIM or VIOLENT CNI#Al 1101171r:1.3­ im IIEJ ADD 620-1 '�_O WCM VICTIM OW VIOLA NT CRIM9 NOTWICO L7 NAME T TA. A 4 TO! vocrim OF VIOLeN7 CRIF49 %bylp1cp C11 17 NAME P. OLD" :'TRANiC+ IID 6: I;N3URBt5 t}NLY T-AK&N TO: 91 Mac hio'k-l-WAU VICTIM OR VICILTNT Calm& NOT01MO C3 iWA-meADDR948 L&rnoN[may ........... VICTIM GC VIDLENT CRIME NOTIFig 11. INO LFPIUFw i9G t OAT A -D 'rs a REPORT 'W*17T6u I&VAURVOSOR APPROV)NO TYPI&T I'DATE ANb TIM.r. REPOPI TYPED CONCORD POLICE DEPARTMENT �_...._� _......_..,.. FACTUAL DIAGRAM ...._._-.....__..... ........ ..._......- YMt1sk YtMQ��l DC ;he.l�G���'� OPPIC¢R 1.D. M i ML^%iUK6M1t•NTt ARe,^PPnoXiMA rC AWO NaT TO"A" IJN6Ci4 I:VAYrLD (CCAI.F w Ift ICA f I' z ¢ . . . . . . 3 — s� M Loves q i CZ F I r i r,...-w,�rw....wru__ _ _�'.^ _ __...__ --'--�.,..._+-�.+.�r�--.,..v.w.•--_•�.,ww�-,.....rte..+.._.._r+.,•�,...,r__ar,.�v ; i I I i i - PRAWtt 6Y i. NVM08R -Cl, PAY ti'R. AR"YIG Hk t VAMC MO. DA7 VH. PAGE. .1221- CR (iyAS / PA r G l � / ' __.T/ CU t G t S/on� - --; 1 G M, 1q S(W k'5M FA)_i.S Ek � o rA 1/v1l'lJ—_l u i/- Q 60c(LS-LS —A ., 0 "�ekfj A C64 y_rv_A) RD _ I E 7-10A), 70 fid, �P 04 CO. SoM rte s 114 i .�,�?� t.�✓,4,�' �� N ��Gw! Th�,._.._,l�'!au rte �': Ti4� � ��i � N.a arm �. smovz ;6), _o r,.T 71X 14 x c _ C uS D rim FphYIN rf� pfiAJ,T� DATE A D /I C REPORT {,Fj�Y)gN (•Vhf{ t®OR A►F OVIN6 YY Fier DAT& ANu f-jMr RtT6pT�vt6G �� ��------- -. _ a .' _�..r.w _.I'y _I IItiYL I'1V. J1J GIG ..71'- JCF-. t_ l�_J 1•YI�r! ^tel TO. Gregory WKeef f e FROM., Larry Fo I t.& DATE . Soptember 28 , 1993 FAX : ( S �O)676-1914 /7-;' Page i of X/7- COPY OPO oX O) iCe Report for accident with injury to hand . PAGE .616If s' W4; S_ r r i 2ff) JSV4�, ,�._/ WAS_ to f - AIC 7L? flay' / " .. _ )biCAJ CE Z OC4 j !� —OPnJ SELAjE �- � �! /A'__ f 4 WAV, 44ulA ___ �J R •Icaw"`ipi�wY �7ATI It RHPpR RI'7 iV If VR A!►/IpVINI} Y�! 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O'KEEFFE(1913-1981) TELEPHONE(41 5)664-6788 FAX(415)664-7280 December 13, 1993 Clerk of the Board of Supervisors Room 106, County Administration Building 651 Pine Street Martinez, CA 94553 Re: Lawrence M. Folts v. County of Contra Costa Enclosure(s) : Original and 2 Copies of Claim Against City of Concord and Concord Police Department Traffic Collision Report (XX) Please file originals, and return endorsed filed copies. (XX) Self-addressed return envelope enclosed. Thank you very much. Your ver t / Gre O'Keeffe GPO'K:ey c<// i'YV W W VyVVV �r �'YaYvit_lYU_�1FbK W ,a� iu:a 111 0 F— ...'.1rtlf���\�>/ tC•�t'�v:L.l�..�. iiil OQ --� a °CC CC ;v VVxf4VV%IVVV Q� w q- 1 ^ W . vc coc0 Q ,q �A \VC, 0 F- to 0 •ri > -yJr-I N/.nnnnnnnn/.f.Nr�/r tt, W 0.4-P LL ::1 ua LUU') -H W < 0) 44 -ri 0 0 co Z CES v 041-Pm d O ~ � N �J 0 M 0 0 3-4 f:4WaLN u I-j u cr. U) 44 t.0 iU N 00 $ 0 �—I •ri � k P4 4 4-) Q) 0 — �4 r- 0 LIl rd Ou H