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HomeMy WebLinkAboutMINUTES - 07101984 - 1.22 CLA '1 BOARD OFUy�Ey�/w■wVOyw�w CF ■w�w�w�wyIM CNM M= Ch1ZFM;NIA BOARD ACTION Claim Against the County, or District ) 14MCE TO CLAIMARr July 10 , 1984 governed by the Board of Supervisors,..). .. The copy of this doctment.ma ed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below) , to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Domestic Auto-Truck Repair, Inc. .County Counsel Attorney: Moore, Clifford, Wolfe, Larson & Trutner, 201 19th street JUN 0 4 1984 Address: Oakland, CA 94612 Padalil CA 94�` 3 Amount: $3,000,000.00 By delivery to clerk on Date Received: June 4, 1984 By mail, postmarked on June 1, 1984 I. FROM: Clerk of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 1, 1984 J.R. OLSSON, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. i ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. 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: (• = -k By: ,1. Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD By unanimous vote of Supervisors present ( X) 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. • ni DuBo '_s Dated: 7-10-8, 4 J. R. OLSSON, Clerk, By.� Deputy Clerk IRNIIaG (Gov. Code Section 913) Subject to certain exceptions, you have only six. (6) months from the date of 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. V. FRCM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave o present a late claim was mailed to claimant. , DATED: 7-10-84 J. R. OLSSON, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) 0.00024 CLAIM �, CLAIM _TO: eUAxn Ur' aurZA"0Vr'Q yr �-VL"L XWL `'U7Mff1MfgJr arappucnuun w. Instructions to ClaimantClerk of the Board w. .0.Box 911 Y 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 the 100th day 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. (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. Fr;4"d. See penalty for fraudulent claims, Penal Code Sec. 72 at end OF this form. RE: Claim by )Reserved for Clerk's filing stamps DOMESTIC AUTO-TRUCK REPAIR, INC. ) RECEIVED Against the COUNTY OF CONTRA COSTA) JUM Al 1984 or DISTRICT) J.R. OLSSON Fl In name ) CLARK BOARD OF SUPERVISORS CO T A OSTA C By Dep 1 The undersigned claimant hereby makes claim ag un �f ontra Costa or the above-named District in the sum of $ Est. pursuant t-n r §910 and in support of this claim represents as follows: $3L000.LOOOL_____ l. When did the damage or injury occur? (Give exact date and hour _-- Date of plaintiff's injury was March 24, 1983 at 5:40 a.m. Defendant, DOMESTIC AUTO-TRUCK REPAIR, INC. was served with the original complaint on March 20, 1984. '�: W�iere did tFie d-amage or in3ury occur? (Include city and county) The unincorporated area of Contra Costa County on Moraga Way near its intersection with Orchard Road. 3. How did the damage or in3ury occur? (Give �ul� details, use extra sheets if required) At the above time and place, plaintiff, Clarence William Henry was injured by a moving vehicle driven by Edgar R. McLellan which collided with plaintiff and a parked vehicle. The parked vehicle was allegedly repaired by claimant/defendant DOMESTIC AUTO-TRUCK REPAIR, INC. Plaintiff has filed an action against claimant. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The County of Contra Costa maintained,__`controlled, altered,_constructed, designed and supervised said street area in. a defective and dangerous condition. Claimant is therefore entitled to receiving indemnity from the County for any damages for which it may be held liable in the pending action of CLARENCE.WILLIP,M HENRY vs. EDGAR REED McLELLAN, et :al. , Contra Costa Superior Court No. 248895. (over) :aba r ATTACHMENT No. 6 Plaintiff lost his right leg at knee and has claimed wage loss; hospital and medical expenses, emotional distress, general damage, and loss of earning capacity. Plaintiff has requested damages for costs of suit and for such relief as is fair, just and equitable and for compensatory damages according to proof. Therefore, a dollar amount is not determined at this point, however, an estimate pursuant to Government Code §910 is in the amount of three million dollars . CLAIM BOARD OF SUPERVISORS OF CMM 0O6TA axwy, CALIFORNIA . BOARD ACTION Claim Against the County, or District ) NUTICE 40 CLAIMAW July 10,• 1984 governed by the Board of. Supervisors, ) The copy of th s document maRled to you is your Pouting Endorsements, and Board ) notice of the action taken on your claim by the Action. A11 Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Cale Section 913 and 915.4. Please note a11Co a n s Claimant: Vincent Pree 901 Court Street JUN 1 1 1984 Attorney: Martinez, CA 94553 Address: Martinez, CA 94553 Amount: $75.00 By delivery to clerk on Date Received: June 11, 1984 By mail, postmarked on June 8, 1984 I. FRom: Clerk of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 11, 1984 J.R. OLSSON, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) ( ) 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. 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: a= By: 6 Deputy Canty Counsel III. F'RCM: Clerk of the Board TO: (1) Canty C el, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD ORdEIt By unanimous vote of Supervisors present (X ) 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. eni Du cis Dated: 1�0�-g�4� J. R. OLSSON, Clerk, By. Deputy Clerk WeTm (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave present a late claim was mailed to claimant. DATED: 7-10-84 J. R. OtSSON, Clerk, By Deputy Clerk cc: County Administrator (2) County Counsel (1) _- _ -_. CLAIM T— CL;JM TO: BOARD OF SUPERVISORS OF CONTTRA COc'T' 'R��° �b f1S1�ur I I aDDllce lon to° Ins tructions to Claimant Clerk of the Boarc F. C. Box 91"1 A. Claims relating to causes of action for death or for"incur�hto�5s3 person or tc personal property or growing crops must be presented not late= t:,an the 100th da_v after the accrual of the cause of action. Claims relating to any other cause of action must be vresented not later than. one year after the accrual of the cause 0 action. (Sec. 911. 2 , Govt, Code) B. Clams nus t be _`fled with the ICl erk of the Board of Supervisors at its c±_ice in Room 106 , County Administratio.r BU41ding, 651 Pinel Street, Mar-inez , California 945,53 . C. .f glair. acai^st a district coverned; b-. tlE Tooard of Superviscrs , rather t1na.r. the County, the name of the District should be filled in. D. If t:e clai . is acainst more than one puh,_! is entity separate claims Tnusr be _-_ed acains t each .~.::'bl.ic entity. E. Fraud. See aenalty_ for fraudulent claims , _ena'_ Code Sec . 72 at end *** ***** ********* RE: Clain I-,%- ) Reserve ' r stamc_ s ftl hS . RECEIVED 1 Against the COURT"Y O. CONTR.L COST_.) _ J. R. OLSSON Or DISTRICT) c RK BOARD OF SUPERVISORS LONTRA COSTA CO. (Fill in name) ) B Deputy The undersigned claimant hereby makes clam: acainst the Ciounty of Contra Costa or the above-named District ..- the su.;. of S andct_ y� ---- --------- -- -.+- � = L__ � �.� : -A� _NLCN- ------ 1 . 4;hen did the camaoe or ir.Jury occti:r? ve enact date ar*d hour) ULL-SOA 2. W.-;ere dic the Eamaot or injury occur. (Include city and county) -LI���JU=��- -- -- ---- --- - - ---- ------ ---- -- - - 3 How did the damage or injury occur? (Give full details, use extra sheets if required) _1\ U V (� E 4 . What particular act or omission on the part oi county or district officers , servants or employees caused the injury or damage? 0006739 .�. c.aaaL; .as.v._ 64JL= tiaJkwa vi uoun;.y vz aistract of=kers , servants or q. er„plovees: causing the damage or injury? TI E . -tihat damage o irjuries ao you c aim resu� ted?� ( "ive full extent of irJuries damages claimed. Attach two estimates fcr autc.� da naa.e) ' _---- --- -- --- __ � 2 �� -tw-- - ----- How was the amo'—t cla4mec above computed? (Include-the estimated amount of any prospective injury or damage. ) IL OU, ":times ting' adc=esses of witnesses coctcrs ad est_tais . ' h - erperldltures voL rade on account of this accident or inju=r . Dr'-TE 7"'EV '*'OUN^' /VA Govt. Code Sec. 910 . 2 provides : "The glair: signed by the claiman- SEN' NOTICES TO: (i:-tcrnev) or by some pe=so- on his behalf . ' Name and Address of Attorney Claimant ' s Signature Address Telephone No. Telephone No. NOTICE Secticn 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or fcr 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. 000020 w ' CLAIM BOARD OF SUPERVISORS OF CIONPRA COSTA COURN. CAL11KE IIA . BOARD ACTION Claim Against the Canty, or District ) NDr l% TO CLA7MARr July 10, 1984 governed by the Board of Supervisors, ) The copy of this doctmeht ma ed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government. Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all 'Warnings'. Claimant: Evelyn Ann Sarnikowski County Counsel Attorney: R. Jay Engel, Inc. 22 Second Street, 6th Floor JUN 0 4 1584 Address: San Francisco, CA 94105 Amount: $10,000,000.00 By delivery to clerk on Martinez. CA 94553 Date Received: June 4, 1984 By mail, postmarked on M;; '11 , 1AR4 I. FROM: Clerk of the Board ot Supervisors y Counsel Attached is a copy of the above-noted claim. Dated: June 4, 1984 J.R. OESSON, Clerk, By Deputy Jolene Edwards II. FROM: Canty Counsel T0: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. (�\) This claim FAIIS 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. Clerk should return claim on grand that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: By: ' Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County ounsel, (2) Canty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD C [t By unanimous vote of Supervisors present (X ) 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. Ree DuBoi Dated: 7-10-84 J. R. OISSCN, Clerk, By._ „/��� � , Deputy Clerk MINING (Gov. Cade Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FROH: Clerk of the Board M: (1) Canty Counsel,, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply far leav o jenta late claim was mailed to claimant. _ DATED: 7-10-84 J. R. CISSON, Clerk, By , Deputy Clerk cc: Canty Administrator (2) County Counsel (1) CLAIM CLAIM AGAINST THE COUNTY OF CONTRA COSTA CLAIMANT' S NAME: EVELYN ANN SARNIKOWSKI EC E I V E CLAIMANT'S ADDRESS : 2300 Regent Way FL ON Castro Valley, CA 94546 84 CLERK ARD OF S ERVISORS AMOUNT OF CLAIM: $10, 000,000. 00 ONTRA C09TA 'O. puty ADDRESS TO WHICH NOTICES R. JAY ENGEL, INC. ARE TO BE SENT: 22 Second Street, 6th Floor San Francisco, CA 94105 DATE OF OCCURRENCE: May 5 , 1984 PLACE OF OCCURRENCE: RICHMOND POLICE DEPART11ENrE 401-27th Street RECEIVED Richmond, CA BOARD OF SUPERVISORS County of Contra Costa 651 Pine Street P.O. Box 911 J. a. o�m RK BOARD OF SUPERVISORS Martinez, CA 94553 )NTRA CO rTA CO. Deputy ! �.. FACTS OF OCCURRENCE: Claimant EVELYN ANN SARNIKOWSKI was arrested and detained by the officers of Richmond Police Department without probable cause who threatened and harassed her, strip-searched her, and otherwise deprived her of her constitutional rights. ITEMIZATION OF CLAIM: Medical : to be determined Wage Loss: to be determined Special Damages: to be determined TOTAL OF ITEMIZATION: $10,000, 000. 00 Dated: May 25, 1984 R. JAY ENGEL, INC. NATHAN E. GERTLER, Esq. R. Jay Engel , Inc. 22 Second Street, 6th Flr. San Francisco, CA 94105 415-777-0644 000431 CLAIM BMM OF SOPERVISM OF .COrTM COM C=Mr allMM dQIA . BOARD ACTION Claim Against the County, or District ) NOTICE TO C[AIIMMU July 10, 1984 governed by the Board of Supervisors, ) The copy of ths document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below) , to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings% Claimant: Lamar Tatro County Counsel Attorney: David Weintraub, Esq. JUN 11 1984 Russo, Weintraub & Bellia Address: 408 Tenessee Street Vallejo, CA 94590 Handcarried at 5:00 P.M. Martinez' CA 94553 Amount: $100,000.00 By delivery to clerk on June 8. 1984 Date Received: June 8, 1984 By mail, postmarked on I. FRCM: Clerk of the Board of Supervisors y Counsel Attached is a copy of the above-noted claim. 174 yO Dated: June 8, 1984 J.R. OLSSON, Clerk, By b Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (f) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAIIS to comply substantially with Sectiones 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. 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: Al Dated: -51WBy: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County lamsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD OEDER By unanimous vote of Supervisors present (X ) 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. ni Du 0 iS Dated: --_7-10- R 4 J. R. OLSSON, Clerk, By _ �,s` ✓ � Q4 , Deputy Clerk ..�.__ WARMV (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. . V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's dopy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leav o present a late claim was mailed to claimant. DATED: 7-10-84 J. R. OLSSON, Clerk, By _ , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM ' ' ' - l RUSSO' \x/E|NTRAUB 8' BELL|A ATTORNEYS AT LAW 2 408 TswwEI�sc sTnssT x^LLEyO, CALIFORNIA 94590 pHowc <707> 4*4'Ao04 3 *TvoxwmSnox �amar ratro 5JUN S- .1984 8 CURK BOARD OF SUPERVLSOM 7 RA COSTA CO. 8 �* 9 CLAza OF: ) lD LA-MAR T»TnO, ) ) 1l Claimant, ) ) CLAIM FOR PERSONAL zmzogzES 12 V. > 13 CONTRA COSTA COUNTY, ) 14 Respondent. ) ) 18 TO: CONTRA COSTA COUNTY, 17 YOU ARE HEREBY NOTIFIED that zAmO\B T8TBO, 12I5 Kaioa, Berkeley, California lO 94702, claims damages from CONTRA COSTA COUNTY 19 in the total amount of which is unascertainable at the present time, but not 20 less than $1001000--00—_ 21 The name and address of the person presenting the claim on behalf of � 22 said claimant is: oAvzo wEImTsADB, ESQ. , L&w OFFICES OF eOS30' wEzmzRADB a 23 oELLzA, 408 Tennessee Street, Vallejo, California 94590. all notices sboul'i 34 be sent to claimant in care of DAVID *EzmTRnDB, his attorney, at said address. 25 The claim of LxugA8 rarmO is based upon personal injuries sustained by 26 him on or about March 4, 1984, at approximately 2,30 p.m. , on Wildcat Canyon 27 Road, near E] Tnyonal, in the City of Walnut Creek, Contra Costa County, State 38 of California. xuoo. Wa^nxxuo asaLm ATTORNEYS AT LAW wmTENNESSEE ST. v^uoo m�� (707) �^+mm 000033 r I t I 1 Said claimant, LAMP-R TATRO, was driving his motorcycle at said time and 2 place when he was struck by another automobile, the proximate cause of which ,I 3 was the negligent and imporper hia_hway d,-sign, failure to post warnings and I � 4 improper maintenance on the part of_ COIN A_COSTA _COUNTY regarding the 5 ' roadway on which both vehicles were traveling. I 6 `I � The injuries sustained by claimant, LAMAR TATRO, so tar as known to date 7 ji Ji, nresentatio,-: of his claim, include but are not l.im ted to, severe shock, 8 ;� mul t.inie ::onti.isiol?v and at).rasions. ane fractures of the legs, ankles 'and other. �I 9 bones, ;'.11_ o!_ which said injuries have caus5.(] and continue tJ cause said 10 'liiinlnt qre,it mensal , 1:hvs-icaf and nervcus pain and Suffering . 1i f The dm0117'.t claimed for all da-aageS, as or the date of rresentricicin of 12 1t.hese claims, is as {ollows: I I (1) L'stimcit?d damages for IR ()l ;il and hospital care: ; Unascertainable. 14 i i (2) Estimated damages for mama--ja to 15 mororcycle: $ unascertainable. 16 i (2) 1.oss of earning potEnric.l : $ -'na certa.inable. 17 (4) Past and future general damages: ; U.nascertai.nable. i 1$ 19 !I ( The name cf the public er:�nL::vee. or CO1�FT'RA COSTA .COUN`T'Yor __=.s .r, sel:var:T 20 of - CON'T'RA COSTA COUNTY cau_incl said claimant ' s damages ;Z;d ?n ju--ies i 21 ` the described circun?stanc-7�s, arp unknown by claimant at present. I 22 LA' 2? DATED: June 8, 1984tu — -- - – -- — ---- 24 I DAVID WEIN3TRAUB, Attorney For Claimant 25 26 Acknowledgment of service of the abc)ve claim is madE_ this day 27 of 1984, by _ — — --. .� (Name). -- -- ••------ ------ (Title) 28 RUSSO• WEINTRAUB 8 BELLIA ATTORNEYS AT LAW TENNESSEE ST. o VALL[.i0, CP.94590 (707) 644-4004 i LA M--WB 7 AMENDED CLAIM CLAIM ABOARD OF SUPERVISORS OF gX?1RA COSTA COWNr CALn?ORQIA . BOARD ACTION Claim Against the Countyr or District ) NOTICE TO CLAIMANT July 10 , 1984 governed the Board of Supervisors, ) The '- Y gov by Supe Dopy of th s document ma���d :.:: 1::.. .:� Y.,..� Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below) , to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Morris Daley, Inc. County Counsel Attorney: Robert A. Bragg Bower, Baraban & Birkhimer JUN 13 1984 Address: 555 California St. , Suite 2455 San Francisco, CA 94104 Martinez, CA 94553 Amount: Unspecified By delivery to clerk on Date Received: June 12, 1984 By mail, postmarked on June 7, 1984 I. FROM: CIM of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 12, 1984 J.R. OESSON, Clerk, Bye94Deputy Jo ene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to ocmply 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. Clerk should return claim on grand 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: , j Deputy County Counsel III. FROM: Clerk of the Board TO: (1) Canty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD ORDEEt By unanimous vote of Supervisors present (XX) 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. /-Reni Duu,Bois Dated: 7-10-84 J. R. OLSSON, Clerk, By: Deputy Clerk ft MING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was persaially 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. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) Canty Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. ZAP: 7-10-84 J. R. OLSSON, Clerk, By , Deputy Clerk cc: County Administrator (2) Canty Counsel (1) CLAIM _ D JAN 3 01984 1 WILLIAM P. MOSES, ESQ. JA OLSSON, County Clerk PELLETREAU, MOSES , LARSON, CONTRA COSTA COUNTY 2 ALDERSON & JACOBSMEYER 2090 - 23rd Street � MONDLOCM,Qoputy 3 San Pablo, CA 94806-0035 RECEIVE Telephone: 415/234-8890 4 Attorneys for plaintiff - 5 CLERK BOARD OF,SUPERVISORS OP73RA COSTA CO. 6 I B 1�us1.. •.Deputy, 7 8 SUPERIOR COURT OF .CALIFORNIA, COUNTY OF CONTRA COSTA- 9 GARY LEE .FRANCIS, ) NO. 10 Plaintiff, O 11 vs. ) COMPLAINT FOR DAMAGES Q in ) (Personal Injuries) .' 0 o g 12 CITY OF CONCORD, COUNTY ) m -OF CONTRA COSTA, STATE OF ) o6m0 13 CALIFORNIA, MORRIS DAILY ) W W a COMPANY, DOE ONE, DOE ) o a N- 14 TWO r DOE THREE and DOE FOUR, ) a O m o a v_ 15 Defendants. ) n � a Ln 0, 16 2 N . r - i7 FIRST CAUSE OF ACTION 18 Comes now plaintiff and for cause of action against ; 19 defendants, and each of them, alleges as follows: 20 I 21 That .the true names or capacities , whether individual, 22 corporate, associate , or otherwise , of defendants named herein 23 as DOES ONE through FOUR, inclusive, are unknown to plaintiff, 24 who therefore sues said defendants by such fictitious names, and 25 plaintiff will ask leave to amend this complaint to show their 26 true names and capacities when the sane have been ascertained. -1- 000036 1 Plaintiff is informed and believes and thereon alleges, that 2 each of the defendants designated herein by a fictitious name is 3 negligently responsible in some manner for the events and .4 happenings herein referred to, and negligently caused injury and 5damages proximately thereby to the plaintiff as herein alleged. . 6 II ' 7 �} Plaintiff is informed and believes and thereon alleges 8 'I` . that at all times and places herein mentioned, defendants, CITY 9 OF CONCORD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, 10 and DOES ONE through FOUR, inclusive, were governmental entities z a11 organized and existing under and by virtue of the laws of the o in 12 State of California. J zo11 o °m 13 IIY a Q m j W 0 U 14 ; Plaintiff is informed and believes and thereon alleges a a N m 15 that at all times herein mentioned each of the defendants was. < - � o � 16 the agent and employee of each of the remaining defendants and 2 N 17 was at all times acting within the purpose and scope of said 18 . agency and employment. 19 IV 20 At all times mentioned herein the said defendants, and 21 each of them, were in control of Monument Boulevard, near 22 Victory Lane, in said City, County and State. 23 V 24 On or about November 1, 1983 , at approximately 25 p.m. , whileplaintiff was driving along and upon Monument 26 Boulevard, in the City of Concord, County of Contra Costa, State -2- 000037 I of California, when the front wheel of .his motorcyle encountered 2 a deep hole in the surface of the street causing plaintiff's 3 motorcyle to overturn. 4 VI 5 The said hazardous and dangerous condition was known, 6 or in the exercise of ordinary and r'easonabl'e care should have 7 I i been known, to defendants and each of them, in adequate time for S a reasonably prudent person to warn of or correct the said 9 condition. 10 VII Z 11 As a proximate result of the said negligence of 0 3og 12 1 defendants and each of them, plaintiff sustained severe d oa0CO o 13 Ii _injuries and damages as hereinafter alleged. _ W W a _ V LE M 14 VIII i N O I < 15 I As a proximate result of said negligence of th,e o ` 16 defendants,--and each of them, the plaintiff was hurt and injured Z a i 17 in*plaintiff' s strength and activity, sustaining injury to 18 plaintiff and shock and injury to plaintiff' s nervous system and 19 person, all of which said injuries have caused and continue to 20 cause plaintiff great mental, physical and nervous pain and 21 suffering. Plaintiff is informed and believes and thereon 22 alleges that said injuries will result in some permanent ' 23 disability to the ' said plaintiff, all to plaintiff' s general 24 damage in a sum within the jurisdictional purview of this Court.' 25 IX 26 As a further proximate result of the said negligence 000038- 1 of .the defendants , and each of them, the plaintiff was required 2 to and did employ physicians and surgeons to examine, treat and 3 care for plaintiff, and did incur medical and incidental 4 ` expense. The exact amount of such expense is unknown to 5 , plaintiff at tl%s time, and plaintiff will ask leave to amend 6 this pleading to set forth the exact amount thereof when the 5 7 � same is ascertained. - l 8 �. X 4 i . As a further proximate result of_ the .said negligence 10 of the defendants ,. and each®of them, plaintiff was prevented 11 from attending to plaintiff' s usual occupation, and plaintiff is 00 12 informed and believes; and thereon alleges, that plaintiff will w o ; 4:0 13 j thereby be prevented fibro attending to plaintiff' s usual a14 1 occupation for a period in the future. fu N O - ° J V 15 Y.I N C - on 16 i On or about November 29 ; 1983 , plaintiff presented to N I) 17 defendants, CITY OF CONCORD, COUNTY OF CONTRA COSTA, STATE OF 18 CALIFORNIA, his claim for the injuries and damages alleged 19 I herein, a copy of which is attached hereto as Exhibit "A" and i 20 I made a part of this pleading by reference, which claim was 21 rejected by said defendants on or about December 15 , 1983 , by 22 written notice to plaintiff. 23 WHEREFORE, plaintiff prays judgment against the 24 defendants and each of them, for:. 25 1. General damages in a sum within the jurisdictional 26 purview of this Court; ^4_ 0.x' 0039 1 2 . All medical and incidental expenses according to 2 proof; 3 3 . All loss of earnings according to. proof; 4 4. All costs of suit; and 5 5. Such other and further relief as to this court may 6 seem proper in the premises. 7 I1 Dated: //a 7� , 1984 . 8 I PELLETREAU, MOSES, LARSON, ALDERSON & JACOBSMEYER 9 10 By S 11 ! WILLIAM P. MOSES, : ; Attorneys for Plaintiff. N 12 O O O O O . ; a © rn 13 m I W Om 7 _ . WkA .. 14 P.- Uri - 1 N dii , ¢° ma 15 n < N a O x o � 16 N 17 18 19 ,,.. . 20 21 22 23 24 25 26 -� - 000040 I� (SPACE BELOW FOR FILING STAMP ONLY) BOWER & BARABAN 1 ATTORNEYS AT LAW BANK OF AMERICA CENTER 2 II 555 CALIFORNIA STREET. SUITE 2455 SAN FRANCISCO, CALIFORNIA 54104 (415) 554-1850 3 RECEIVED 4 MAY-0 1984 5 Attorneys for J.R. OLSSON C l a i Claimant t CLERK BOARD OF SUPERVISORS MORRIS DALEY INC_ T COSTA o. 6 'y D"w+q i I 7 8 '! IN THE MATTER OF THE CLAIM NOTICE OF CLAIM T0, 91 OF MORRIS DALEY , INC. PUBLIC ENTITY GOVERNMENT CODE 101 against SECTIONS 901 , 910 , 911 . 2 11 ' COUNTY OF CONTRA COSTA 12i 131 TO THE COUNTY OF CONTRA COSTA: I 14 ! (a) Name and address of claimant : 15 MORRIS DALEY , INC. 16 1145 California Drive Burlingame , California 94010 17 (b) Notices should be sent to: 18 ROBERT A. BRAGG, ESQ. 19 Bower & Baraban Bank of America Center 20 555 California Street , Suite 2455 San Francisco, California 94104 21 (c) Date place and circumstances of occurrence : 22 Plaintiff, GARY LEE FRANCIS, has filed a Complaint 23 for Damages, No. 255632, in the Superior Court of the County of 24 Contra Costa (a copy of that Complaint is attached hereto as 25 Exhibit "A11) . Plaintiff alleges that on November 1 , 1983, he was 26 riding his motorcycle along Monument Boulevard in the City of 27 Concord, County of Contra Costa, when the front wheel of his 28 motorcycle encountered a deep hole in the surface of the street , r I causing his motorcycle to overturn, resulting in severe injuries 2 and damages. Plaintiff has named as defendants the CITY OF 3 CONCORD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA and 4 MORRIS DAILEY COMPANY . On April 2, 1984 MORRIS DALEY , INC. ;was 5 served with FRANCIS' Complaint for Damages. Claimant MORRIS 6 DALEY , INC. claims it was the CITY OF CONCORD and/or the 7 COUNTY OF CONTRA COSTA and/or the STATE OF CALIFORNIA which had 8 the duty to maintain the roadway on which plaintiff was injured. 9 (d) General description of indebtedness, obligation, 10 injury , damage or loss: 11 Claimant MORRIS DALEY , INC. claims it has a cause 12 of action for either complete equitable indemnity or partial 13 equitable indemnity against the COUNTY OF CONTRA COSTA arising 14 out of FRANCIS' Complaint for Damages. 15 (e) Names of public employees causing injury, damage or 16 loss: Unknown at this time. 17 (f) Amount claimed: 18 Claimant MORRIS DALEY , INC. is presently unaware 19 of the damages being claimed by plaintiff GARY LEE FRANCIS. 20 However, claimant MORRIS DALEY , INC. claims it is entitled to be 21 indemnified by the COUNTY OF CONTRA COSTA for any amounts claimed 22 by GARY LEE FRANCIS, providing judgment is entered against MORRIS 23 DALEY, INC. and for GARY LEE FRANCIS, or in the alternative , 24 should MORRIS DALEY, INC. and GARY .LEE FRANCIS enter into a "good 25 faith" settlement. 26 27 Dated: May 29, 1984 BOWER BARABAN 28 ROBERT A. BRAGG Attorney for Claiman &-- "' MORRIS DALEY, INC 000042 I 1 PROOF OF SERVICE BY MAIL (C.C.P . 1013a, 2015.5) 2 3 I declare that: 4 I am employed in the County of San Francisco, California. 5 I am over the age of eighteen years and not a party to the within 6 entitled cause; my business address :Ls 555 California Street, San s Suite -2455 7 Francisco, California 94104 . 8 n On May 29, 1984 I served the attached 9 NOTICE OF CLAIM TO PUBLIC ENTITY - COUNTY OF CONTRA COSTA 10 11 on each of the other parties who have appeared in said action by 12 placing a true copy thereof enclosed in a sealed envelope with 13 postage thereon fully prepaid, in the United States mail at San 14 Francisco, California, addressed as follows to each such party: 15 16 County Board of Supervisors County of Contra Costa P.O. Box 911 17 Martinez , CA 94553 18 (415) 372-2371 19 20 21 22 23 24 I declare under penalty of perjury that the foregoing is 25 true and correct, and that this declaration was executed on 26 May 29, 1984 at San Francisco, California. 27 �' "tt Madeline R. Abel 28 000043 AMENDED CLAIM r• CLAIM BMRD OF SUPERVISORS OF CONTRA COSTA CIM TI'Yr CALIPVIA . BOARD ACTION Claim Against the County; or District ) NOTICE 70 (AIMANT July 10, 1984 governed by the Board of Qupery , --.;-- ) The cv-)�w..c+f. th s document ma ed to you is your Routing Endorsements, and Board ) notice of the action taken an your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Daniel Kelly Hughes County Counsel Attorney: Judith L. Edson P.O. Box 137 JUN 0 8 1984 Address: Eureka, CA 95501 Martinez, CA 94553 Amount: $200,000.00 By delivery to clerk on Date Received: June 8, 1984 By mail, postmarked on June 5, 1984 I. pT M: Clerk of the Board at upervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 8, 1984 J.R. OISSON, Clerk, By . Deputy olene Edwards II. FpOM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) 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. Clerk should return claim on ground that it was filed late and send warning ,of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: ,- By: Deputy County Counsel III. FSM: Clerk of the Board TO: (1) County C409sel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . �s Baa IV. BQI%M ORdE[t By unanimous vote of Supervisors present ( X) 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. • eni DuBois Dated: 7-10-84 J. R. OISSON, Clerk, Byf ,��1/ � , Deputy Clerk .. .. MARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of 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. V. FTI: Clerk of the Board T0: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. //� DATED: 7- 10-84 J. R. CAISSON, Clerk, By � � • Deputy Clerk cc: County Administrator (2) County Counsel (1) cUAIM GO 004 \ +4 Y RECEIVED CLAIM AGAINST CONTRA COSTA COUNTY r J. R. OLSSON To: CONTRA COSTA COUNTY CLERK BOARD OF SUPERVISORS ONTRA COSTA CO. B ..... . ....... Deputy DANIEL KELLY HUGHES hereby makes claim against Contra Costa County for the sum of Two Hundred Thousand Dollars ( $200, 000. 00 ) and makes the following statement in support of his claim: 1 . Claimant ' s post office address is 535 Ole Hansen Road , Eureka , California 95501 . 2 . Notice concerning the claim should be sent to Judith L. Edson, Attorney at Law, Post Office Box 137 , Eureka , California 95501 . 3 . The date and place of the .occurrence giving rise to this claim are sometime on or after Febr-uary 17 , 1984 but prior to April 1 , 1984 at the Martinez Health Center , 2500 Alhambra , Martinez , California 94553 . 4 . The circumstance.s .giving rise .to this claim are as follows : at the above-described time and place, Contra Costa County, through its agent and employees , undertook to diagnose claimant ' s medical condition and to provide claimant with proper medical care . Said agents and employees lacked the necessary knowledge and skill to properly care for claimant ' s condition and were negligent and unskilled in diagnosing and treating that condition. Such negligent diagnosis and treatment resulted in claimant ' s right hand and arm being improperly treated and proximately caused him injuries and damages. 5. Claimant' s injuries consist of a damaged and mutilated right hand, thumb, wrist and forearm and the resulting pain and suffering therefrom. -1- 000045 �A 6. The names of the public employees causing the claimant' s injuries are unknown. 7 . My claim as of the date of this claim is Two Hundred Thousand Dollars ( $200, 000. 00 ) . 8 . The basis of computations of -the above amount is as follows : Medical expenses incurred to date Unknown Estimated future medical expenses Unknown Lost wages Unknown Loss .of .earning capacity Unknown General damages Unknown Total Unknown Dated: June 4 , 1984 DANIEL KELLY HUGZS Claimant 000046 PROOF OF SERVICE BY MAIL 11013a. 2015.5 CCPI I am a citizen of the United States and a resident of the County of Humboldt, over the age of eighteen years a,M' not a party to the foregoing action;my business address is: 411 3 Street•Suite 6, Eureka,California 95501 I served t:re w+:h:n document by depositing a true copy in the Unite;; t�Ltes mall in Eureka, Cal.fornia, enctosed In a sealed ervel oa w th the postage thereon fully pre- paid,addressed as follows on 4:_ 4_ '�.k4! 1 certify under penalty of perjury that the foregoing is true and correct Executed at Eureka,California,on gra NN TV RE Contra Costa County Clerk of the Board of Supervisors Box 911 Martinez, CA 94553 Claim Against Contra Costa County 000041.7 wr.. ._. ._ �._.._.. .....: .... ...: ........asp..:,:ru...::auL•a.+c.uxfG:ax'a�.Y..i_-a..F?.-x:.s:.•_..lJ..-....t_.SrCY4• Y'.....2�a�u... — .....yw.....�r .. AMENDED CLAIM CLAIM BOARD OF SUPERVISORS OF CDrfl.'RA COSTA CO NWr CA1XFOF 1A . BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMAHr July 10, 1984 governed. by theBoard of�upervisors, ) The copy of this docwent 'ma ed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. A11 Section references are ) Board of Supervisors (Paragraph IV, below) , to California Government Coles ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Larry Lee Russell, Sr. Attorney: Mary M. Burke County Ansel 125 West Richmond Avenue JUN 0 8 1984 Address: Point Richmond, CA 94801 Amount: $1,000,000.00 By delivery to clerk on Martinez, CA 94553 Date Received: June 8, 1984 By mail, postmarked on June 6, 1984 I. Fim: Clerk of the Board at upervisors County Counsel Attached is a copy of the above-noted claim. . Dated: June 8, 1984 J.R. OL,SSON, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only ane) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to amply 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. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) Co my C sel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD ORDER By unanimous vote of Supervisors present ( X ) 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. r feni DuBois Dated: 7-10-84 J. R. OLSSON, Clerk, By ,,1, , ./� , � , , Deputy Clerk MENING (Gov. Cocle Section 913) Subject to certain exceptions, you have only six- (6) months from the date of 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. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 7-10-84 J. R. OLSSON, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) ` LAW OFFICES MARY M. BURKE 125 WEST RICHMOND AVENUE RECE POINT RICHMOND,CALIFORNIA 94801 T E(415) 2378317 (J_/) IJr+. June 4 ,, 1984 . CLERK BOARD. OLSSON B CONTRA OFS SUPERVISORS TA CO. Puty Clerk of the Board of Supervisors County Administration. Building, Room. 106 651 Pine Street (P.O. Box 911) Martinez , CA 94553 Re: Claim by . LARRY LEE RUSSELL, SR. against the COUNTY OF CONTRA COSTA In reference to your June 1 , 1984 , Notice of Insufficiency, please note the following .amendment to Mr. Russell' s. claim filed May 29, 1984: . No. 9. No expenditures have. been made. by Claimant to date on account of this injury. Very truly yours , MARY M. BURKE MMB:m CLI?�I TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions ::o Claimant 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 the 100th day 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. (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 , CA 94553 (.or mail to P.O. Box 911, Martinez, .CA) . 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 ent_ty, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filing stamps LA9RY LEE RUSS LL SA. Ca, vo, RECEIVED A ains the OUNT OF CONTRA COSTA) MAY Jo 1984 J.R. OLSSON or DISTRICT) CLERK BOARD of SUPERVISORS Fill in name) ) ACOST c . ey Do�+N The undersigned claimant hereby Makes claim against the Ccxunty itnif. Contra Costa or the above-named District in the sum of $ 00 _000 .00 - _ and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) 2-29-84 9:00 P.M. ---------••-r-------------- -------------------------------------------- 2 Where did the damage or--i njury occur? (Include city and county) CCCHS-Martinez Hospital , Martinez , Contra Costa Count; 3. How did the damage or injury occur. (Give full details , use extra - sheets if required) Claimant was brought to Martinez Hospital by two police officers for treatment of gunshot wound prior to being taken to jail. ---------------------------------------- ------------------------------- 4. What particular act or omission on the part of county or district- officers, servants or employees caused the injury or damage? Claimant was not given appropriate medical treatment for gunshot wound in left leg. (over) J • 5. What are the names of county or district officers, servants ore employees causing the damage or injury? r Unknown 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Claimant incurred infection from untreated gunshot wound, and required ourieig two awg compartment � and los of leg. Claimant is le to be Wi t ____on __ s _fere great p__-----__s mtow at this tune the _- extent oi___i_n0 y. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. X ERIC THORSON, M.D. 150 Muir Road Martinez , CA 94553 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT r i t ' Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) : or b me person, on JiJes behalf. " Name and Address of Attorney Mary M. Burke Clai s S1 nature , 125 West Richmond Ave . 3 - 2 st Street Point Richmond, CA 94801 Ac1dress. CA 94801 Richmond , Telephone No. (415) 237-8317 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, 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. " . 00005i AMENDED CLAIM CLAIM BOARD OF' SOPERVISOIt.S OF CORM CO6TA CODATPY, au FOR IA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLATMAHr July 10 , 1984 _.. r�ernM by the Board of Supervisors, ) The copy of 'girs--d-0—c-u—m—e-n-F—maTled to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: City of San Ramon County Counsel Attorney: Thomas D. Marple P.O. Box 3615 JUN 2 2 1984 address: San Francisco, CA 94119 Via County Counsel Martinez, CA 94553 Amount: $500,000.00 By delivery to clerk on June 22, 1984 Date Received: June 22, 1984 By mail, postmarked on I. FROM: Clerk of the Board at upervisors County Counsel Attached is a copy of the above-noted claim. D Dated: June 22, 1984 J.R. OLSSON, Clerk, By " Deputy ff Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to amply 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. 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: - c i By: — Deputy County Counsel III. FROM: Clerk of the Board TO: ) County Counsel, (2) County Administrator ( ) Claim was returned as untime with notice to claimant (Section 911.3) . IV. BOARD ORaER By unanimous vote of Supervisors present (X ) 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. Re i DuBo i� Dated: 7-10-84 J. R. OLSSON, Clerk, By. , Deputy Clerk %A*U G (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months fram the date of 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. V. FRAM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DAA: 7-10-84 J. R. OLSSON, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) 000052 CLAIM NAME AND ADDRESS OF SENDER. TELEPHONE NO. For Court Use Onty RICHARD L. BOWERS _ THE BOCCARDO LAW FIP14 (408) 298-5678 111 W. St. John St. #1100 San Jose, California 95115-0001 Insert name of court,pfdicial district Or branch court.d any,and Post Office and Street Adore" SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSIA 725 Court Street (P.O. Box 911) Martinez, California 94553 PLAINTIFF MAUREEN LYNN REYNOLDS, a minor, by and though her Guardian ad Litem, Kathryn A. Hendry DEFENDANT PREM SINGH SAHOTA; CITY OF SAN RAYON, a municipal corporation; COUNTY OF CONTRA COSTA, 3 political subdivision , et al NOTICE AND ACKNOWLEDGMENT OF RECEIPT Case Number 256980 CITY CLERK, CITY OF SAN RAMON TQ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ert (Insname of indivitlual being served) This summons and other document(s) indicated below are being served pursuant to Section 415.30 of the California Code of Civil Procedure. Your failure to complete this form and return it to me within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons on you in any other manner permitted by law. It you are being served on behalf of a corporation, unincorporated association (including a partnership), or other entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. Section 415.30 provides that this summons and other document(s) are deemed served on the date you sign the Acknowledgment of Receipt below, if you return this form to me. RICHARD L SMVERS Dated: . March. 15, 1984 . . . . . Richard L. Bowers (signatureofsender) ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of: (To be completed by sender before mailing) 1. KZ A copy of the summons and of the complaint. 2. ED A copy of the summons and of the Petition(Marriage) and: 0 Blank Confidential Counseling Statement(Marriage) RECEIVED C7 Order to Show Cause(Marriage) 0 Blank Responsive Declaration J N '2'21W (]Blank Financial Declaration J'R OLSSON 0 Other: (Specify) - CLERK BOARD OF SUPERVISORS O TRA OSTA CO. By Deputy (Te be eomplebd by te+daem) Date of receipt:. . . ✓ �4 J o .l l (Signature OI plrfOn aGkr"•wilcQinq r!C!-C! +vrY title it /^ acknp*tedgment is maft on benalf of dnother personl Date this form is signed: _i. r (Type or print your name 3^O name of Critity .f any. on*nose o"Jif Tihorm is itgna01 Fwm•CV,o..so by the - - 00045Z-10 SUMMONS (CrrACION JUDICIAL) - . i+o+r cows utr osacr NOTICE TO DEFENDANT: (Aviso a Acusado) AMO ft"&WOf1ACOM) PREM SINGH SAHOTA; CITY OF SAN RAMON, a municipal corporation; COUNTY OF CONTRA COSTA,' a political subdivision of the State of California;_- DOES 1 to 50, inclusive YOU ARE BEING SUED BY PLAINTIFF: ' (A Ud. le esta demandando) MAUREEN LYNN REYNOLDS , a minor, by and through her Guardian ad Litem, Kathryn A. Hendry You have 30 CALENDAR DAYS after this sum- Despues de que le entmguen esta citation judicial usted mons is served on you to file a typewritten re- bene un plaza de 30 DIAS CALENDARIOS para presentar sponse at this court. una rrspuesta escrita a miquina en este torte: A letter or phone call will not protect you; your Una csrta o una lkanrada tefefonica no k ofmcerd typewritten response must be in proper legal protection; su respuesta escrita a miquins tkne que form if you want the court to hear your case. eumplir con las formalidades legiles apropiadas si usted If you do not file your response on time,you may gwere que la torte escucbe su cases lose the case, and your wages, money and pro- Si usted no presenta su mspuesta a tiempq puede perder perty may be taken without further warning from el casae y le pueden quitar su salariq su dinero y alms casae the court. de su propWad sin aviso adidonal pop parte de V torte There are other legal requirements. You may Existen otms mquisitos legales. Puede que usted quiera want to call an attorney right away. N you do not 11amar a un abogado inmediatamente. Si no conte a un know an attorney,you may call an attorney refer- abogadq puede hamar a un servido de mferencia de ral service or a legal aid office(Gated in the phone abogados o a una oFicina de ayuda legal(ow d din-ciorro book). telefdnito). CASE NUM9ER: (NMwm IPI Cap( The name and address of the court is: (El nombre y direccidn de/a cone es) 256990 SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA 725 Court Street (P. O. Box 911) .Martinez, California 94553 The name. address. and telephone number of plaintiff's attomey, or plaintiff without an attomey, is: (fl nomore. la direccidn y el numbro de tr4 ono del abogado del demandante. o del dernandante que no bene abogado. es) JAMES F. BOCCARDO, ESQ. RICHARD L. BOWERS, ESQ. (408) 298-5678 THE BOCCARDO LAW FIRM 111 West St. John St. , Suite 1100 San Jose, California 95115-0001 DATE R t =x a�e t • `W rk. by - Deputy iFecha) (Actuario) (Delegadoi MEAu NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. ..' 2 as the person sued under the fictitious name of /specify): 3. © on behs$b#•s066fy/t �.0V+ jamor. under. Q1.41e.10 1 ! X corporation( CCP 416.60 lminorl CCP 416.20 (defunct corporation( CCP 416.70 (conservatee! CCP 416.40 (association or partnership) CCP 416.90 lindividuall ^ other. 000054 4. 1___�-by personal delivery on Morel- ATTORNEY OR PARTY WiTMOUT ATTORNEY(NAME ANO AOORESS) - TELEPHONE. FOR COURT USE ONLY JAMES F. BOCCARDO, - RIMARD L. BOWERS, ' THE BOCCARDO LAW FIRM (408) 298-5678 111 W.' St. John Street #1100 San Jose, California 95115-0001 ATTORNEY FOR(NAME): MAL= LYNN REYNOLDS r� Insert name of Court.Judicial distriCt or branch court,if any,and post office and street address' C I SUPERIOR COURT OF CALIFORNIA i COUNTY OF CONTRA COSTA 725 Court Street (P. 0. Box 911) MjAR 7 1984 Martinez , California 94553 PLAINTIFF. MAUREEN LYNN REYNOLDS, a ninor, by - ------ I and through her Guardian ad Litem, Kathryn A. Hendry IDEFENOANT PREM SINGE SAHOTA; CITY OF SAN RAMON, a municipal corporation; COUNTY OF CONTRA COSTA, a political subdivision of the State of California; ®DOES t TO 11�nclusive COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER: ®MOTOR VEHICLE QOTHEA(specify): 25 69 Q(; QProp" Damage Wrongful Death )Personal Injury Q Other Damages(specify): t. This pleading, including attachments and exhibits. consists of the following number of pages: .—6 2. a. Each plaintiff named above is a competent adult ® Except plaintiff(name): MAUREEN LYNN REYNOLDS Q a corporation qualified to do business in California Q an unincorporated entity(describe): �]a public entity(describe): ®a minor 0 an adult for whom a guardian or conservator of the estate or a guardian ad mem has been aCOointec Q other(soectfy): CM other(specify): Q Except plaintiff(name): M a corporation qualified to do business in California [=an unincorporated entity(descnbe): =]a public entity(describe). a minor 0 an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has.been appointed Q other(specify): other(specify): b. P!aintiff(name): �:�, C;Gir• :a doing business under the fictitious name of(kecrfy): ., ano rias comolied witn the fictitious ausiness nafrale laws. C- Q Information about additional plaintiffs wno are not comment ac;:its,is shown in Complaint— Attacriment 2c. (Continued) 01"%ACCrov4po /�. 1i 1 T :4C1C:sP. i Ct:. Cl'.tW t CiC1128 C�Mp�.Z1r1 1—DsrsL.r?) _.._ ._ . . SHOAT TITLE CASE NuwaEW REYNOLDS V. SAHOTA ET AL COMPLAINT—Personal injury,Property Damage,Wrongful Death papa two 3. a. Each defendant named above is a natural person ® Except defendant(name): Q Except defendant(name): CITY OF SAN RAMON Q a business organization. form unknown (Q a business organization. form unknown 0 a corporation (Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): CM, a aumic entity(describe): Q a public entity(describe): a municipal corporation Q other(specify): ®other(specify): ® Except defendant(name): Q Except defendant(name): a political subdivision of the State of California Q a business organization. form unknown [=a business organization.form unknown Q a corporation 0 a corporation 0 an unincorporated entity(describe): [Q an unincorporated entity(describe). Q a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify). b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names). s. ® Plaintiff is required to comply with a cams statute,and a. ® plaintiff has complied with applicable claims statutes. or b. Q plaintiff is excused from complying because(specify): S. This court is the proper court because Q at least one defendant now rendes in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. [$ injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify): 1.j6 ' 6. Q The following paragraphs of this complaint are alie"ed on information and belief(specify paragraph numbers): (Continued) rip.rwo 000056 SNORT TITLE: CASE NW18Eii: t~. REYNOLDS v. Sahota et al COMPLAINT—Personal Injury, Property Damage,Wrongful Death(Continued) Pape truee 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are M listed in Complaint—Attachment 7 0 as follows: 8. Plaintiff has suffered Q wage loss Q loss of use of property hospital and medical expenses ®general damage Q property damage ®loss of earning capacity Q other damage(specify): 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair,just, and equitable; and for ® compensatory damages ®(Superior Court)according to proof. Q(Municipal and Justice Court)in the amount of$ ®other(specify): Prejudgment interest. 11. The following causes of action are attached and the statements above apply to each: (Each complaint must have one or more causes of action attached.) ®Motor Vehicle Q General Negligence Q Intentional Tort Q Products Liability ®Premises Liability Q Other(specify): JAMES F. BOCCARDO, Esq. RICHARD L. BOWERS, Esq. T ARDO LAW FIRM -sco � Richard L. Bowers ,i) '�'�� By (Type or omt notm) (Sgnalure 01 piasnufi or anorn") tater*► SHORT TITLE: - CAM ranroeEn: REYNOLDS V. SAHOTA ET AL 2 E' 6 9 8 0 FIRST CAUSE OF ACTION—Motor Vehicle four (number) ATTACHMENT TO QComplaint QCross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff(name): MAUREEN LYNN REYNOLDS, a minor, by and through her Guardian ad Litem, Kathryn A. Hendry MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on(date): September 11 , 1983 at(place): San Ramon Blvd. and Montevideo Drive City of San Ramon, County of Contra Costa, State of- California MV-2. DEFENDANTS a. ®The defendants who operated a motor vehicle are(names): PREM SINGH SAHOTA; ®Does l to 24 b. ®The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names): PREM SINGH SAHOTA; �] Does ,l to 24 c. ®The defendants who owned the motor vehicle which was operated with their permission are(names): PREM SINGH SAHOTA; U Does__I to 14 d. ®The defendants who entrusted the motor vehicle are(names): PREM SINGH SAHOTA; ®Does 1 to Z e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): PREM SINGH SAHOTA; ® Does I to 24 11. 4f. Q The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are Q listed in Attachment MV-2f Q as follows: • � Y Q Coes to00005 t- 8 s ' SHORT TITLE: case NUMeEt 6 n R O REYNOLDS V. SAHOTA ET AL J SECOND CAUSE OF ACTION—Premises Liability Page f ive (number) ATTACHMENT TO ®Complaint 0 Cross-Complaint (Use a separate cause of action form for each cause of action.) MAUREEN LYNN REYNOLDS, a minor, by and through Prem.L-t. Plaintiff(name): her Guardian ad Litem, Kathryn A. Hendry alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff. On (date):September 11, 1983 plaintiff was injured on the following premises in the following fashion(description of premises and circumstances of injury):On or about the date aforesaid . defendants , their agents , servants and employees negligently and carelessl,, owned, maintained, managed, controlled, inspected, designed, constructed, planned, posted, marked and supervised the intersection at San Ramon Blvd. and Montevideo Drive, San Ramon, Contra Costa County, California, so as to cause said intersection to be in a dangerous and hazardous condition for pedestrians in that said defendants failed to .provide appropriate and adequate traffic control signals and/or appropriate, adquate and safe eros= walks or walkways for pedestrians crossing said intersection which has severely heavy traffic, so that plaintiff while crossing said intersection was struck by a motor vehicle driven by PREM SINGH SAHOTA causing plaintiff to sustain severe personal injuries. -Prem.L-2. ®Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): CITY OF SAN RAMON; COUNTY OF CONTRA COSTA §M Does _31 to Sn , inclusive Prem.L-3. ® Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): CITY OF SAN RAMON; COUNTY OF CONTRA COSTA ®Does 15 to 50 inclusive Plaintiff. a recreational user,was man invited guest Ma paying guest. Prem.L-4. Cr Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): CITY OF SAN RAMON; COUNTY OF CONTRA COSTA ®Does _7_to_50 , inc1usive a. ®.The defendant public entity had Q actual 0 constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. ® The condition was created by employees of the defendant public entity. Prem.L-S. a. ®Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): ®Does 25-, .to. ,.�nClusive b. Q The defendants 4? are liable{o plaintiffs for other reasons and the reasons for their liability are described in attar hlmeh Prem.L-5.b Q as follows(names):