HomeMy WebLinkAboutMINUTES - 07171984 - 1.16 /yam /ycuu ry� p /����/����
J; � CP �TJri'JLl US� O CUFI �!"! ODOM C�Z, V1'�LM�A�1�IA
BOARD ACTION
Claim Against the Canty, or District ) NOTICE TO CLAIMAW July 17, 1984
governed by the Board of Supervisors, ) The copy of th s docunent marled to you is your
Routing 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: Fireman Fund Ins. Co. , /Robert Turner (Michael Anderson)
East Bay Branch County Counsel
Attorney: 391 Taylor Boulevard
Address: Pleasant Hill, CA 94523 JUN 15 1984
B delivery to clertv t o s 984
Amount: Unspecified Y Y r �lartine,��1 ��55?
Date Received: June 14, 1984 By mail, postmarked an
I. FROM: Clerk of the Board at upervisors County Counsel
Attached is a copy of the above-noted claim.
Dated: June 14, 1984 J.R. OESSON, Clerk, By ty
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 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. FROM: Clerk of the Board TO: (1) County C el, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3) .
IV. BOARD By unanimous vote of Supervisors present
(XX) This claim is rejected in full.
( ) Other:
I certify that this is a true and correct eapy of the BQard's der entered in its
minutes for this date. R e e n i DuBois
Dated: 7-17-$4 J. R. OLSSON, Clerk, By , Duty Clerk
SING (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 an 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
��t.
DATED:to J. R. OLSSON, Clerk, By , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
C�IM Q Q O a 16
.UUM
RECEIVED
J.URNO SS08N Cast Bay Branch
June 7 1984 CLERK BOARD OF SUPERVISORS 391 Taylor Boulevard
s o A�osTyyCo. Pleasant Hill, California 94523
Sy
/�J�dr�Deputy Telephone (415) 680-0600
Ann B.Welch, CPCU
Contra Costa County Resident Vice President
P.O. Box 8
.Martinez, CA 94553 s
RE: Our Insured: Robert Turner (Michael Anderson) RECEIVED
Our File No: B090A-862516
Date of Loss: 4-27-84 JUN 1 1 1984
Claimant: Victoria Torres
COUNiy roUN
MARTINEZ, CALIF.L
Gentlemen:
We are the liability insurance r—rier for Robert Turner and his step-son,
Michael Anderson. As such, we have been investigating a series of automobile
accidents incurred by Michael Anderson on April 27 , 1984. Our investigation
has shown that Contra Costa County was asked for assistance by Michael
Anderson's parents. Our investigation has shown that Contra Costa County
refused to provide proper mental health care to prevent Michael Anderson's
potential violent acts. As a result of this lack of care, Michael Anderson
went off the deep end on April 27th and injured. a number of people.
We feel that this inadequate care provided by the County of Contra Costa may
subject them to possible exposure due to the damages suffered by the various
parties involved in the accidents. Please consider this letter as
notification to the County regarding this matter.
If you have any questions or comments, please give me a call at 680-0600. I
look forward to hearing from someone regarding this matter. -
t
Very truly yours,
may" i`i /r ` •f� 1�,<t j
Kevin M. Bryan
Claims Representative
East Bay Branch
Pleasant Hill , CA
C1010-L72/c
SuEtiUiuiaS of
10 bpi"
r b r 44. '.
ZA—West County Times Saturday, April 28, 1984
an in custody
r
i ,qfter wild drive
L'
:that in ores four 4 . s: ;. .:.
TARA'HILLS Four people were injured Friday
S alttet a local man, apparently embittered by a family
Agbt earlier in the day,used his parents' car in a high- , .'.
} apse" rampage which ended when he was arrested at
4 g>Dnpoint in front of his Tralee Court home. Fr} -
> c Michael Anderson 26 was arrested by Contra Costa
at 4:15 p.m. after he aban-
' •. � droned his parent's BMW sedan in the driveway of their •a� � n � ,� ,, ,.; .,
Z•
,';?j: r { •horn`s'at 15 Tralee Court and attempted to run back
.,fnto�the residence. , °t!fi�t�.
t S:
t r Police 1'adios started to crackle with news of thege
} d
sp�g vehicle shortly after 4 p.m. when ;.. t,
k �t*o leen-aged boys were run down at the corner of ; y
s Shaairoek Drive and Sargent Avenue, police said. '
,y. b
Aatbulanee crews and Pinole firefighters followedl.
.sherlfrs cars pursuing Anderson to find people struck t. ;. , N7 ix+
t
r dowp by the speeding.sedan.
A
' Twolnjwomen lay undiscovered for several
.�man ptea they•were found and aided by passers-
be=
Q
J.
__ f.{.+.►!!!nest �'
Ont woman'lay moaning on the front lawn of a
? ;..Jiome.a; 1120 Nara Hills Drive. A fourth victim was t. w
rt<+t; = `
bund Dredged between two parked cars in the parking Tuna photo�Mlchee!A Jones tt y
, ,
of:the Appian 80 almPPin$ center on Tara Rills
e• '� } ' Greg�Machen, 10, receives first aid from paramed;{
.A Hergtles woman sitting in her car in the center's hi
atter becoming one of the first victims of a hit•.; i!
" 4 a pac�iag lot salt!OW teard the whine of a car traveling and-rnn driving Incident in Tara tM.
speed&4 instant before her car was sideswiped
b' 'a aiedam" Friday night in lieu of$9,000 ball.
A man who arrived on Tralee Court minutes after
�� 'sl Ras doer and then I heard a loud bang, Anderson was arrested said he saw the 2Q- eir'
Oars Red car sort of jumped.When I got out -man "hit a woman on Tara Hills and take off 1 like;' '
to' Ce what hascalded dog."d happened I found a woman had been �
•�,
h "it" pushed down betweeq my car and the one next
"He never even looked around,"the Irate matltsafd;'
r ; h "If the police didn't have him In custody I'd shoot him `^'kl i�,•
w ^.Wwoman on the ground was identified as Victoria myself." >•:L r. +
arraC 80. She was taken to Doctors Hospital in Pino-
Neighbors who gathered outside Anderson's.home ,
.� after his arrest claimed he had a history of mental ill
Finale.pollee Bald all victims complained of pain ness.
injuries to their legs.
They said the hit-and-run spree followed a violent:
argument between Anderson and his family, during
Anderson, who neighbors said had been "acting
f
h
h whicthe front window of the family's
strangely" all morning after a violent argument with home was
'
parents,was booked on four counts of assault with smashed Friday morning.
'.
•;,�+, � � � a3Headlyweapon,one count of reckless driv:.r� and one A.neightwr's window was also smashed during the
:r,: ;• felon hit and run. He was being held a t ail t.;
y t county j altercation, they said.
77
or
t N -
�..,ty�Yz,
„V y,: C•,
,. 1��u�. ,u, i�,�tN.�t(:''p, t + `c- - •., .-_. .. .:aaF+81fF:"iH :;,t't-«. ,:y. •.. ..: ,Z,..,,,,. j
` ' i't ��,,A�'ti�� �("fiy+'l,liltit.i ,t't . .,.i, t `e+',i+�"+W- .i :+. ,'1' f' 'j .e�:' :•{, 'Y,?`•+ ,. ,h Wt
_..'_Z:.'.i-r - '.,` a •ti:"li•t '"S,!i'f! .rrF�
t
CLAIM
BOARD OF SUPERVISORS CF CONTRA COSTA COURNr CALIFaRRIA .
BOARD AMON
Claim Against the County, cc District ) RXICE Tp CLAIMANP July 17, 1984
—governed-by the Board of Supervisors, ) The copy of this document—mailed 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 Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings".
Claimant: Doris W. Mathes County Counsel
P.O. Box 732
Attorney: 1405Z Lovall valley Road JUN 11 1984
Sonoma, CA 95476
Address:
Martinez, CA 94553
Amount: Unspecified By delivery to clerk on
Date Received: June 11, 1984 By mail, postmarked on June 8, 1984
I. FMM: Clerk of the Board ot Supervisors y Counsel
Attached is a copy of the above-noted claim.
Dated; June 11, 1984 J.R. OLSSON,- Clerk, By Deputy
Jolene Edwards
II. FROM: Camty Counsel T0: Clerk of the Board of Supervisors
(Check only one)
( ) This claim eanplies substantially with Sections 910 and 910.2.
Jns �/
This claum,,FIS to comply s'u�as'antially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
(e�beioJ
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 resent a late
claim/.(SeCt1 911�3)A411 "�s C-r iSi � k-"Ore 7 -hu r[ ivo C[u�5 prior
�r�
,(il ) Other: la��� s��a�/� ✓Pfru�`ri�J c o�� ,P e/a v�-r�
r
Dated: - - - By: - Deputy County Counsel
III. FROM: Clerk of the Board M: (1) County Counsel, (2) County Administrator
(/X Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD SER By unanimous vote of Supervisors present
( ) This claim is rejected in full.
( X ) Other: Portion of original claim not previously returned as untimely
is rejected in fu
I -certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date. e n i DuBois
Dated: 7-17-84 J. R. OLSSON, Clerk, By..- t. , Deputy Clerk
MEQING (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. FSM: Clerk of the Board 40: (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; 7-17-84 J. R. OI.SSON, Clerk, By . �,2�; a �-•cJ , Deputy Clerk
C
cc: County Administrator (2) County Counsel (1)
nni
CLAIM _ ,.
June 8, 1984
Board of Supervisors of
RECEIVED
Contra Costa County
c/o Clerk of the Boardi
P. O. Box 911
Martinez, CA 94553 J. R. OLSSON
CLERK BOARD OF SUPERVISORS
C NIRA COSTA CO.
Gentlemen:
Enclosed is a Claim signed' by Doris W. Mathes,
Claimant.
Also enclosed are several letters (copies of)
which provide a background to. this claim, in part.
At this time, as of June 8, 1984 , I am faced
with eviction for no reason due to Contra Costa County' s
having supported the system of eviction which has become
universally accepted in this geographical area (Northern
California, Bay Area, all surrounding communities) . If
such a system .can evict California' s own residents from
their homes for no reason, year after. year, then Board
of Supervisors must be notified and sued for their role
and participation in that system. General policies and
fiscal considerations of Contra Costa County public and
government entities have become dependent upon support and
sustenance by corporations and individuals with influence
and money. My claim herewith names Sonoma County and
Metropolitan Transportation Commission as second and . third
defendants.
Sinc ely,
Do s Mathes
P. O. Box 732
1405-1/2 Lovall Valley Road
Sonoma, California 95476
(707) 935-0214
cc: Joe Filice, Esq. , 970 Green Street, Martinez , CA 94553;
Telephone (415) 229-1880
Governor of California George Deukmejian, Sacramento,
California
Metropolitan Transportation -Commission, Hotel Claremont,
Berkeley, California
San Francisco Chronicle & Examiner newspapers, San
Francisco, California
CLAIM TO: BOARD OF CONTRA CO§TArFd?WXappiicationto:
Instructions to ClaimantGerk of the Board •
' .0.Box 811
Martinez CafifomiaS4553
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.1/ Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. 2/(Sec. 91,1.2, 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. 3/
E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end
or-this form.
RE: Claim by )Reserved for Clerk's filing stamps
DORIS W. MATHES. in prgpria p bona
RECEIVE®
Plaintiff )
Against the COUNTY OF CONTRA COSTA) J N 1/ 1984
J. OLSSON
GOLDEN GATE BRIDGE, HWY & TRANS-) CLERK YOAAD OF SUPERVISORS
or PORTATI ON DISTRI * DISTRICT) HA COSTA C .
(Fill in name ) duty
*METROPOLITAN TRANSPORTATI SIGN, et al.
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ (to be adjudicated at a
and in support of this claim represents as follows: future date)
--------------------------- ------------- - ---- -
1. When did the damage or injury occur? (Give exact date and-hour] -
1980 (Summer of) on Walnut Creek Municipal Buses and other buses
in Contra Costa. County, and continuing to the present date (June 8,
_ 1984) in all counties wherein MTC has funds and,g bL ,�_ n.
-- --- T--- -'-----------T-T----------- - -
'�. W�iere aid tie damage or injury occur? (Include city and county)
Near-death caused both directly (on buses) or indirectly ( at '
155 Montgomery Street, San Francisco, California - and currently at my
rental unit apartment at 1405l�2 Lovall Valley Rd. � plr 954761
-------------unit-- - -
3> How dick the damage or injury occur? (Give Tull deta� s, use extra
sheets if required)
Electronic radiation or waves, on buses and buildings and at my
rental unit apartment.
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
MTC and Golden Gate Highway, and Transportation District both
denied my original claim or complaint in 1983, stating that my
claims had no merit. Thenceforth, the physical battery and
slander, harrassment and fingerpointing connected thereto - accel-
erated. A separate claim has been filed in the County of (over)
Sonoma, California stating these facts in part. Another claim
specifically demanding restitution and money damages from the
Alexander Building (work-related near-death injury) , at 155 Mont-
gomvery Street, San Francisco, California, has been filed with the
5. What are the names of county or district officers, servants or
employees causing the damage or injury? t
Edward J. Bacciocco, Jr. , MTC Commissioner, et al; Chuck ^oliard,
bus driver; Valley of the Moon Commuter Bus Club, Sonoma., Calif-
ornia, Golden Gate Highway and Transportation_ District; Volunteer
6. What damage or injuries $o you claim resulted? ZG�ve full extent
of injuries or damages claimed. Attach two estimates for auto
damage) Long-term illness and disability; blocking of gainful employment;
reputation and social ostrcization; slander; isolation; constant pain
waves,etcduring prolonged periods of battery at home and on buses using electronic
---------------------------------------------- ------------------- --
7. How was the amount claimed above computed? (Include the estimate
amount of any prospective injury or damage. ) _
(to be adjudicated at trial)
-------------------------------------------------------------------------
6. Names and addresses of witnesses, doctors and hospitals.
University of Californiat at Davis; Dominican Convent sisters and
priests and alumnae; Elsa Allen Employment Agency; San Francisco;
Dunill Employment Agency, San Francisco; Wallborg-Michaelson
Employment Agency, San Francisco; Strictly Secretaries employment
agency, San Francisco; University of San Francisco employment
rancis Q._e$c-office-for graduates_ Gwen Pearson_ legal s Tcretarr of Mr._js1- ,_§an
List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
To be itemized after cessation of physical battery, blocking of
gainful employment, : continuing ostracization and other extreme
and income`}-�}preventing.ly,coon�drittionns, already ,7itemized in detail to
0noma'{t*yt{�t[1ftO RRt * �RR1I 1C1[7[1[1�7[1� ���p*r '���'�7�7�7i7C
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by som rson on his behalf. "
Name and Address of Attorney
per
Claimantto a song
DORIS W. MATHES, in propria persona 1405-1 /2 T-nuai i 17ai ier.Road,
Address
P- 0_ Baw 712. Sonoma . CA 954;16
Telephone No. (707) 935-0214 Telephone No. (707) 935-0214
NOTICE
Section '72 of the Penal Code provides:
"Every person who, with intent to defraud., ipresents 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."
n.n�n 1
PAGE 3 of 3 June 8, 1984
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
(continuation of Item 4. ) 4 . (continued)
State of California. Documentation and letters, and attempts to
secure an attorney to represent me directly also being documented
and witnessed, provide substantive evidence of negligence and
ultimately maliciousness by MTC and its subdivisions and depart-
ments in this matter.
s
(continuation of Item 5. ) 5. (continued)
Wheels (Program under Fish' s charity-funded transportation plan,
CARE-A-Van; Mika Brown, Sonoma township Police Department; Mike
Helmer, director of the Valley of the Moon Commuter Bus Club' s
membership and harrassmetn of complainant herein; Wendell Powse,
driver of Volunteer Wheels buses, expired California driver' s
license No. 461255; Philip Arnot, 155 Montgomery Street, Suite 600,
San Francisco, California 94104, a former employer who witnessed and
took. part in near-death physical battery in 1983 at the Alexander
Building; Carney J. Campion, Secretary of the District, Golden
Gate Bridge , Highway and Transportation District; Sonoma County Transit,
Routes 30 and 44; Ralph Bass , Valley of the Moon Commuter Bus Club' s
officer; Judge Bryan Jamar, Sonoma County. Superior Court, addressee on
my June 28, 1983 letter explaining the harrassment, slander and
murder in its intent physical battery caused directly and indirectly
by MTC, et al. ; Lawr ence D. Dahms., Executive Director and William F.
Hein, Deputy Executive Director, Regional Transportation Plan, Hotel
Claremont, Berkeley; Sherman Rogers, Esq. 756 East Tulare Avenue,
Tulare, California. 93.275 as witness and attorney denying me legal
representation;Greyhound Bus Company, Phoenix,.. Arizona 85077 ; Dave
Knight, Transit Systems Manager, Public Works Department, Sonoma
County, 575 Administration Drive, Santa Rosa,. California 95401;
Board of Suerpvisors, Sonoma County, 575. Administration Drive,
Santa Rosa, California 95401,-, .First District Bd. of Supervisors,
Sonoma County, l The Plaza, Sonoma, California 95476; County Admin-
istrator, Sonoma County; Public Administrator-District Attorney,
Sonoma County; Public Information Office, Sonoma County; Risk Management
of County Offices, Sonoma County; Tony Juraseck and Daisy Voigt, Valley e
of the Moon Commuter Bus Club officers; Dayle Jones, Captain Bus No. 1,
Valley of the Moon Commuters, P. O.. Box 49 , Sonoma, CA 95476 ;Sonoma
Municipal Court, 177 First St. West, Sonoma, California 95476 ;
Judge Raymond Byrne, Sonoma Municipal Court, 177 - First St. , West,
Sonoma, California 95476 ; Dr. Michel Fairon, 181 Andrieux St. , Sonoma,
California 95476; ; ET AL.
APPLICATION TO FILE LATE CLAIM
.' BOARD OF SUPERVISORS OF CONTRA COSH, COTI77Y, 0 IFO?VIA BOARD ACTION
Application to File Late ) NOTE TO APPLICANT July 17, 1984 •
Clain Against the County, ) The copy of this document mailed to you is your
Routing Endorsements, -and ) notice of the action taken on your application by
�±ard..Ac:t.ion. (All Section ) the Board of Supervisors (Paragraph III, below) ,
references are to California ) given pursuant to Government Code Sections 911.8
Government Code.) ) and 915.4. Please note the "Warning" below.
Claimant: Maria and Adolfo Sanchez
Attorney: G. Todd Withy
County Counsel
Withy, Miller, Gerstler & Clark ,JUN 13 1984
Address: 2222 Martin Luther King, Jr. Way
Berkeley, CA 94704 Martinez. CA 94553
Amount: Unspecified
By delivery to Clerk on
Date Received: June 13, 1984 By mail, postmarked on June 12, 1984
I. FRDJ': Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Application to File Late Claim.
DATED: June 13, 1984 J. R. OLSSON, Clerk, By �,[t.,,L , Deputy
o ene ar s
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Al:plication to File Late Claim (Section 911.6) .
(x ) The Board should deny this Application to File a Late Claim (Section 911.6) .
DA/TED: JOHN B. CLAUSEN, County Counsel, By Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6) .
( X ) This Application to File Late Claim is denied (Section 911.6) .
I certify that this is a true and correct copy of the Board's Order entered in
its minutes for this date.
DATED. 7-17-84 J. R. OLSSON, Clerk, By Deputy
een u ofs
WARMING (Gov It.C. §911.8)
If you wish to file a court action on this matter, you must first
petition the appropriate court for an order relieving you from the
provisions of Government Code Section 945.4 (claims presentation re-
quirement) . See Government Code Section 946.6. Such petition must be
filed with the court within six (6) months from the date your applica-
tion for leave to present a late claim was denied.
You may seek the advice of any attorney of your choice in connec-
tion with this matter. If you want to consult an attorney, you should
do so immediate) .
IV. FROM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator
Attached are copies of the above Application. .4e notified the applicant
of the Board's action on this Application by mailing a cony of this document;
and a memo thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DATED: 7-17-84 .3. R. OLSSON, Clerk, By / _ ,� �.� ,f � Deputy
P tY
V. FROM: 1 County Counsel, 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: Oounty Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM 000020
1 G. TODD WITHY
WITHY, MILLER, GERSTLER & CLARK [__�TEEIVED
2 2222 Martin Luther King, Jr. Way
Berkeley, CA 94704
3 (415) 848-7200 1984
J.R. OLSSON
LLERK BOARD OF SUPERVISORS
CO COST C
4 Attorney for Claimants
4enufy
1•
5
6
7
8 In the Matter of APPLICATION FOR
the Claim of MARIA SANCHEZ LEAVE TO PRESENT
9 and ADOLFO SANCHEZ, SR. LATE CLAIM
[Gov C 911. 41]
10 Against THE COUNTY OF
CONTRA COSTA
11
12
13 TO THE COUNTY OF CONTRA COSTA:
14 1. Application is hereby made for leave to present a late
15 claim under Section 911. 4 of the Government Code. The claim is
16 founded on a cause of action for personal injury, which accrued
17 on or about February 14, 1984 and for which a claim was presented
18 on May 17, 1984 to the Clerk of the Board. Said claim was .-
i9 rejected. on.,grounds .that:-it .was not .timely...filed. : For additional ,
20 circumstances, relating-.to:-the-.:cause, of .action.; reference . is
21 made..to.:.the proposed claim attached hereto.'-as-.Exhibit A and
22 made a .part .hereof...
23 2. The reason for the timing in presenting this claim is
24 the surprise and excusable neglect of the claimant as more
25 particularly .shown. in the declaration of MARIA SANCHEZ, attached
26 hereto. The COUNTY OF CONTRA COSTA was not prejudiced by the
27 timing of the filing of the claim as notice of the claim was
28 given only ninety-three days after claimants became aware of
000021
ti e• b '
1 their claim.
2 3. This application is presented within a reasonable tim(
3 after the accrual of the cause of action as the date of accrual
4 is February 14, 1984 , and this application is presented June 1;
5 1984 , less than one year later.
6 WHEREFORE, it is respectfully requested that this applicat
7 be granted and that the attached claim be received and acted
8 upon in accordance with Sections 912. 4 - 912. 8 of the Governmer
9 Code.
10
11 DATED: June 12 , 1984 \
TO WITH
12 Attorney for Claimant
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 -2-
000022
1 G. TODD WITHY
WITHY, MILLER, GERSTLER and CLARK
2 2222 Martin Luther King, Jr. Way
Berkeley, CA 94704
3 (415) 848-7200
4 Attorney for Claimants
5
6
7
8 In the Matter of DECLARATION OF
the Claim of MARIA SANCHEZ MARIA SANCHEZ
9 and ADOLFO SANCHEZ
10 Against the COUNTY of
CONTRA COSTA
11 /
12
13 I, MARIA SANCHEZ, do declare and state that:
14 1. I have a claim for personal injuries against the
15 COUNTY OF CONTRA COSTA as the result of medical treatment and
16 care which I received at Contra Costa County Hospital between
17 November 17, 1982 and November 9 , 1983 . I only became aware of
18 this claim on. February 14 , 1984.
19 2. I have been suffering from arthritis since approximately
20 1978. In November 1982 , during the course of my treatment for
21 arthritis at Contra Costa County Hospital, I was prescribed the
22 drug Penacillamine. Shortly thereafter I developed shortness
23 of breath, which was diagnosed as Asthma until September 1983
24 when I was told that my condition also had a connection with
25 the Penacillamine. . My breathing became much worse and now I
26 have to have an oxygen tank with me all of the time and am
27 totally disabled.
28
000023
i
1 3. February 9, 1984 was my forty-third birthday. My
2 own mother died when, she was forty-four. On my own birthday,
3 I began to think that I too could die at age forty-four. Follow-
4 ing my birthday, these thoughts preoccupied me very much.
5 4. On February 14 , 1984, 1 read for the first time a
6 hospital discharge summary dated September 30 , 1983. This
7 related to one of the many hospitalizations I have had for
8 shortness of breath. I did not completely understand the
9 medical terminology in this report, but what I did understand
10 only made, me worry more about dying.
11 5. I was given a copy of this discharge summary by Dr.
12 Steven Freedman in late October 1983. It was given to mein
13 a sealed envelope addressed to the. State Disability office as
. 14 I needed it in order to get on disability. The disability office
15 copied the report and returned it to me, but I never read it
16 until February 14, 1984 because I had no reason to believe that
17 it contained any information which I had not been told of before
18 by my treating doctors.
19 6. After I read the discharge summary, I telephoned my older
20 sister and read parts of it to her. She suggested that I should
21 speak to a lawyer because she thought it did not sound right that
22 I would become so disabled from taking a }prescribed drug. I
23 talked about this with other members of my family, and shortly
24 thereafter I called G. .Todd Withy and made an appointment to see
25 him. I first saw Mr. Withy on March 7, 1984. I am informed
26 that my attorney checked with medical authorities concernina
27 possible malpractice and also asked for a copy of my medical
28 records based on a signed medical release. she Health Services
_2_ 000024
1 Department would not release the records without another
2 signed release on their special form. The records .were
3 made available for review on April 20 , 1984. After further
4 medical consultation, it was then determined that the original
5 prescription of the Penacillimine and its continuous admin-
6
istration for eight months was not proper and the government
7 claim was prepared and forwarded to the Contra Costa County
8 Board of Supervisors on May 16, 1984. On May 18, 1984 , the
9 medical records were finally received by my attorney ' s office
10 and fully reviewed.
11 I declare under penalty of perjury that the foregoing is
12 true and correct.
13
14 DATED: June _, 1984
MARIA SANCHEZ
15
16
17
18
19
20
21
22
23
24
25
26
27
28
00002r--
-3-
APPLICATION TO FILE LATE CLAIM
M
BOARD OF SUPEFVISORS OF CONTRA OOS'L'A COTI Y, CALIFORNIA BOARD ACTION
Application to File Late ) NOTE TO APPLICANT July 17, 1984
Clain Against the County, ) The copy of this document mailed to you is your
Routing Endorsements, -and ) notice of the action taken on your application by
Board Action. (All Section ) the Board of Supervisors (paragraph III, below) , . -
references are to California ) given pursuant to Gov+errment Code Sections 911.8
Government Code.) ) and 915.4. Please note the "Warning" below.
Claimant: Gerald E. Van Syckle
722 Bartlett County Counsel
Attorney: Hayward, CA 94541
JUN 13 1984
Address:
Martinez, CA 94553
Amount: $110001000
By delivery to Clerk on
Date Received: June 12, 1984 By mail, postmarked on June 11, 1984
I. FRO!':. Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Application to File Late Claim.
DATED: June 12, 1984 J. R. OLSSON,- Clerk, By "&e &A� , Deputy
Jolene Edwards
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this AFplication to File Late Clain (Section 911.6) .
(x ) The Board^should deny this Application to File a Late Claim (Section 911.6) .
DATED: — / JOHN B. CLAUSEN, County Counsel, By , Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6) .
( X ) This Application to File Late Claim is denied (Section 911.6) .
I certify that this is a true and correct copy of the Board's Order entered in
its minutes for this date.
DATED- 7-17-84 J. R. OISSON, Clerk, By Deputy
Reeni DuBois
WARNING (Gov't.C. §911.8)
If you wish to file a court action on this matter, you must first
petition the appropriate court for an order relieving you from the
provisions of Government Code Section 945.4 (claims presentation re-
quirement) . See Government Code Section 946.6. Such petition must be
filed with the court within six (6) months from the date your applica-
tion for leave to present a late claim was denied.
You may seek the advice of any attorney of your choice in connec-
tion with this matter. If you want to consult an attorney, you should
do so immediately.
IV. FROM: Clerk of the Board T0: 1 County Counsel, 2 County Administrator
Attached are copies of the above Application. We notified the applicant
of the Board's action on this Application by mailing a copy of this document,'
and a mem thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DATED: 7-L 17-84 J. R. OLSSON, Clerk, By L �e��>���,�� � , Deputy
V. FROM: 1 County Counsel, 2 County Administrator TO: Clerk of the Board.
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
000026.
! -- ••— •�2�✓" '�� :�''7r` � .fir'" �
�L T
00
RECEIV41
�z
s. R. OLSSON *,_
CLERK. BOARD OF SUPERVISORS ;
cA COSTA CO. u.
x .......De;)uty _' t
17
coo
i
CLAIM TVA arwtiYZLI :Z.a Z;ZJi;ZKi1SORS OF CONTRA C(*MAWJ'%pplication to:
Instructions to ClaimantC!erk of%e Board
F.O.Box 911
M rtinez Califomia 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. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
his form.
RE: Claim by )Reserved for Clerk's filing stamps
!`T )
RECEIVED
Against the COUNTY OF. CONTRA COSTA) TD / 4
or DISTRICT) J.R. OLSSON
CLERK BOARD OF SUPERVISORS
(Fillin name RA COSTA CO
• ��. DBPu1Y
The undersigned claimant hereby makes claim a Contra
Costa or the above-named District in the sum of $ /� (JG�O,
and in support of this claim represents as follows:
�. When did the damage or injury occur? Give exact date ani hour]
U 6GST
Jr/)/9-#7 11T
..-- T — — ----�___
Where C tFie d
'�. amage or �n3ury occur? �Inc�ude city and county
-----—--�—--—--------------— ------------ — — -------—�——73. How dad the damage or in�ury occur? Give—�u�S �etai�'s use extra
sheets if required) "
U.r E v r 5-;-,17W G A!P/ �jDr'1�'"/7�S'SE`✓/Yt� 02� ��'� - �
ce74+MA9c./tip E5- IX %S/:rR
f lj-,y le 70
4. What particular act or om ssio e .part of-county o= district
officers, servants or employees caused the injury or damage?
/M1 L/SS Y IW�7 w 4?0-r ' !lSCp /-ff kk 11/1'Y py1fe`'
(over)
S. What are the names of county or district officers, servants or
Tmployees causing the damage or injury?
/f'Ir l-1f sig' , -e-e %���?iY,t-`ss > �,¢X �4�/°C.�L 5 /��rP/�.d • / A//✓
damage or ies-�o you claim sesute�? ZG�ve �uY� extent
iii irijt5xles of �t°oS.agas claized. Attach two est+.mates for auto
damage)
YW
177-1 Z;-w-a-s-th----------- ---------------------- --------------- -
amount claimed above computed? Zlnclude the estte�
TiY1�amount of any prospective injury or damage. ) �--
-------------- --- --------------- P----- ------- ---
8. Names and addresses of with sses doctors and hos itals.
�. List the expenditures you made on account of this accs�ent or �n�ury:
DATE ITEM AMOUNT
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Name and Address of Attorney
a nt s ture
Address -�
C J
Telephone No. 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. "
0.0.00.2,9
CLAIM
BOARD OF SO ymasm cp d—WW C06`rA army, CALIFORNIA
BC RRD
r
Claim Against the County, or District ) NM7CE TO CIkIlMLVr July 17,
governed by the Board of Supervisors, ) The copy of this document mailed to you is
Routing is'e&XSeMA;b, cu""
Board ) ;xolioe of the action taken on ur yoclaim by
Action. All 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 all "Warnings'.
Claimant: Joseph John Posh
Attorney: William E. Glass County Counsel
900 Court Street, Suite 1 JUN 15 198.1
Address: Martinez, CA 94553
AVK=t: $10,000.00 By delivery to clerk on June 15, 1984
Date Received: June 15, 1984 By mail, postmarked on
I. FRCM: ClerK of the Board of Supervisors County Counsel
Attached is a copy of the above-noted claim.
Dated: June 15, 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.
( ) 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. PT M: Clerk of the Board 70: (1) County C el, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3) .
N. BORM QBER 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. -- geni DuB is
Dated: -17-R4 J. R. OLSSCN, Clerk, By , c<_yu_ �.�tti/�<,:� , Deputy Clerk
MMING (Gov. Code Section 913)
Subject to certain eions, 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 miry seek the advice of an attorney of yaw choice in connection with this
tetter. If you want to consult an attorney, you should do so immediately.
V. PT M: 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 Hoard'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.
DYM: 7-17-84 J. R. CLSSCN, Clerk, By Deputy Clerk
"oa: Canty Administrator (2) County Counsel (1)
CLAIM 0 0 0 0
RECEIVED
CLAIM AGAINST PUBLIC ENTITY k
PURSUANT TO GOVERNMENT CODE 5§90 .,
905. 2, 910, 910. 2, AND 910.4
ric*`....DePu,y
TO: THE COUNTY OF CONTRA COSTA By
JOSEPH JOHN POSH hereby makes claim against the County
of Contra Costa for the sum of TEN THOUSAND DOLLARS ($10,000) and
makes the following statements in support of his claim:
1 . Claimant's post office address is P. 0. Box 422,
Crockett, California.
2. Notices concerning this claim should be sent to
claimant's attorneys, the Law Offices of William E. Glass,
900 Court Street, Suite 1, Martinez, California 94553.
3. The date and the time of the occurrence giving rise
to this claim is March 8, 1984, at approximately 8: 40 p.m.
4. The location of the occurrence giving rise to this
claim is the intersection of Second and Ceres, Crockett,
California, in front of Toots Bar .
5-. The circumstances giving rise to this claim are as
follows:
At the above time and place, claimant was seated in
the passenger side of a 1971 Dodge Van, California License No.
1E88419.
At that point Deputy. Sheriff L. Martin approached
the vehicle and without any reasonable or probable cause asked
for identification of both the individual seated inside the
driver 's portion of the van, and the identification of the
claimant, who, as stated previously, was seated on the passenger
side of the vehicle.
-1-
00001
Deputy Martin asked for claimant to produce valid
identification, which claimant complied with. At no time during
his contact with Deputy Martin was claimant in violation of any
Federal or State law.
After producing the identification required by
Deputy L. Martin, the claimant was harrassed and abused by Deputy
Martin in front of numerous witnesses who had congregated on the
sidewalk.
For some unknown and unexplainable reason at this
point, Deputy Martin decided to place claimant under arrest and
though claimant cooperated with Deputy Martin, Deputy Martin for
some other unknown and unexplainable reason, decided it would be
necessary to both mace and to physically assault claimant.
Claimant was maced by Deputy Martin in the ocular
area and then thrown to the pavement by Deputy Martin with such
force that he struck his left elbow on the pavement rendering it
necessary for him to receive medical treatment at the county
detention facility in Martinez by a jail nurse.
All of this was done in full view of a large crowd
of witnesses, who, as stated previously, were viewing the entire
altercation between the claimant and Deputy Martin. At one
point, one of the witnesses asked Deputy Martin what claimant was
being arrested for , and Deputy Martin was heard to say, "I don' t
know, but I'll figure something out."
Apparently he informed claimant -that he was
arresting him for being under the influence of alcohol, a
-2-
000032
violation of Penal Code Section 647f, and also for being in
violation of Section 148 of the Penal Code, resisting arrest.
It is significant to note that claimant is not
charged with being drunk in public, but only with violating Penal
Code Section 148, resisting arrest, in the pending criminal
matter .
6. Claimant 's injuries are both that his Federal -and
State civil rights were violated by this unlawful arrest, that he
was falsely imprisoned, that he was assaulted and battered, and
that he suffered severe emotional and mental distress due to this
unlawful arrest.
7. The names of the public employees causing the
claimaint's injuries are unknown as of this date, save and except
for Deputy L. Martin.
8. My claim as of the date of this claim is TEN
THOUSAND DOLLARS ($10, 000) .
9. The basis of computation of the above amount is as
follows: General damages $10, 000. 00
Dated:
JOSXPH JOHN WSH
-3-
000033
1 PROOF OF PERSONAL SERVICE
2
3 I declare that:
4 I am employed in the County of Contra Costa, California.
5 I am over the age of eighteen years and not a party to the within
6 entitled cause ; my business address is 900 Court Street, Suite 1 ,
7 Martinez, California.
8 On June 15, 1984 I served the attached -
9 CLAIM AGAINST PUBLIC ENTITY PURSUANT TO GOVERNMENT CODE
10 SECTIONS 905, 905.2, 910, 910. 2, and 910 .4
I1
12 by personally delivering a copy of said document to the
13 following-
14 Clerk, Board of Supervisors
County of Contra. Costa
15 651 Pine Street
Martinez, CA 94553
16
17
18
19
20
21
22
23
24 I declare under penalty of perjury that the foregoing
25 is true and correct.
26 Executed on June 15, 1984 at Martinez ,
27 California.
28 '
Carol R' ey
000034