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HomeMy WebLinkAboutMINUTES - 04301985 - 1.14 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT April 30, 1985 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the: Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.14. Please note the "WARNING" bel3Kgty Counsel Claimant: Deborah Seeley MAR 2 G 1985 Attorney: J. Michael Mahin Marti0ez, CA 94553 Address: 1900 Olympic Boulevard, Suite 201 Amount: Walnut Creek, CA 945,96 Ha d delivered $100, 000. 00 13Y delivery to Clerk on March 26, 1985 Date Received: March 26, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: Mardi 26, 19851BHff.5., BATCHELOR, Clerk, By ��� ,J, Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). ( K) The Board should deny this Application to File Late Claim (Section 911.6). DATED: 3 -a 7 -S,5 VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( 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. DATE: .[,/-,36,S! PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) 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 requirement). See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorne u 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 notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: a-3b-T" PHIL BATCHELOR, Clerk, By Ll:> 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 1 ,j. MICHAEL MAHIPT0. A PROFESSIONAL CORPORATIONdr/,O� 2 ATTORNEY AT LAW �. � V r. , 1900 OLYMPIC BOULEVARD,SUITE 201>ra 3 wavr C�sma, CA uses (415)938-8920 4 V Attorney for pLaintiff(s ) . FNi, e.At-!1E:o� 5 a o: BY 6 7 8 be,rore the .8oard of Supervisors 9 County of Contra Costa 10 State of California 11 12 RE : CLaim by ) ) 13 DEBORAH SEELEY ) 14 Against the ) APPLICAT11ON TO BOARD OF SUPER- : COUNTY OF CONTRA COSTA) 15 VISORS TO PRESENT CLAIM NOT TIMELY and ) PRESENTED 16 ) CONTRA COSTA COUNTY ) [Government Code §§ 911 . 4, 911 . 2] 17 HOSPITAL ) 18 19 CLaimants, Deborah Seeley and David Seeley (Husband 8 Wife) , 20 respectfuLLy petition this Board to present a total cLaim, 21 aLLegedLy "not timeLy presented" for the foLLowing reasons : 22 1 . ) The originaL cLaim [copy attached hereto as EXHIBIT "A" ] 23 was f i Led on October 12, 1984; 24 2. ) It was determined by the Clerk of the Board that: . 25 a. ) a portion of the CLaim was not timeLy (e.g. , -the 26 aLLegations reLating to the removaL of an ovary and 27 an ovarian cyst on 22 May 1984) ; 28 b. ) a portion of the cLaim was, de facto, timeLy (e.g. -1- 1 the expLoratory surgery for determination of appen- 2 dLcLtLes on 4 September 1984) ; 3 c. ) this determLnatLon by Clerk of the Board Ls attached 4 hereto as EAHIBIT "B" ; 5 3. ) CLaLmants hereto respectfuLLy submit, based upon medLcaL 6 evidence after the expLoratory surgery of 4 September 1984, 7 that: 8 a. ) the medLcaL mat.practLce for the removaL of the ovary 9 and the ovarian cyst that occurred on 22 May 1984, 10 COULD NOT have been detected and determined untLL sucli 11 time as the real, underLyLng problem was determined: 12 i. . e. , the appendLcLtLs and delayed dLagnosLs of same 13 which occurred on 4 September 1984; 14 b. ) Lt was factuaLLy LmpossLbLe, therefore, to present 15 the medLcaL maLpractLce cLaLm wLthi.n the 100 day 16 time LLmLt as specified in Government Code § 911 . 2, 17 for such dial not become known untLL the Later surgery 18 which occurred on 4 September 1984; 19 c. ) the cLaLm, when ALL the facts are considered, was 20 de facto tLmeLy presented wLthLn the statutory time 21 Limit when such cLaLm was presented on 12 October 22 1984; 23 d. ) the cause of action accrued when the Later surgery 24 14 September 19841 determined that the earLLer surger 25 [22 May 19841 was not medicaLLy necessary; 26 e. ) the cLerk has attempted to "bifurcate" the factuaL 27 sLtuatLon, vLs a vLs the dates of the events that are 28. a part of the whole picture; -2- 1 f. ) the cLaim, as a whoLe, was- actuaLLy timely presented, 2 when the entire factual situation has been considered. 3 4 THEREFORE, cLaimants Deborah and David Seeley respectfuLLy submit : 5 . • the originaL cLaim, in i.ts entirety, was timeLy presented 6 within the spirit and intent of Government Code § 911 . 2; 7 ® this application for presenting a cLaim not timeLy pre- 8 sented is whoLLy unnecessary and is only being presented 9 to satisfy the requirement of "exhaustion of admLnLstratLN,e 10 remedies" prior to seeking redress through the judiciaL 11 system; 12 • the Board should have considered the cLaim when it was 13 originaLLy presented, and made a determination at that 14 time upon the factual situation presented. 15 16 DATED: 25 March. 1985, at Walnut Creek, County of Contra Costa, 17 State of California. 18 19 RespectfuLLy submitted, 20 21 i 22 , _ / 23 Jf: I CHAEL MAH I N, Esq. At rney at Law 24 At orney for CLaimants. 25 t 26 27 28 -3- eT. 1�IC'HAEL �AHIN A PROFESSIONAL CORPORATION ATTORNEY AT LAW 1900 OLYMPIC BOULEVARD,SUITE 201 WA>t.xxr,r Cues, CA esaee (415)938-6920 RECEIVED October 8, 1984 OCT ia, ; 94 PHIL D.STrHELOR :El�K SOARII Oi SUPL'tv15CR; Br . lQlr: STA Ci,. Clerk of the Board of Supervisors 651 Pine Street Martinez, CA 94553 CLAIM FOR DAMAGES AGAINST CONTRA COSTA COUNTY HOSPITAL 1 . NAME OF CLAIMANT: DEBORAH SEELEY AND DAVID SEELEY 2. HOME ADDRESS: 1554 Norine Drive, Pittsburg, CAlifornia 3. TELEPHONE NUMBER (415) 938-6921 4. SEND NOTICES TO: J. MICHAEL MAHIN Attorney at Law 1900 Olympic Blvd. , #201 Walnut Creek, CA 94596 5. DATE AND TIME OF OCCURRENCE: This is a malpractice action. The ex- ppl:oratory surgery for determination ofappeniicitis took place on September 4, 1984. The removal of an ovary and cyst took place on May 22, 1984. 6. EXACT PLACE OF OCCURRENCE: Contra Costa County Hospital , Martinez, California. 7. DESCRIBE IN FULL DETAIL HOW THE INJURY OR DAMAGE OCCURRED: The doctors and employees of the Contra Costa County Hospital delayed doing an ex- p1oratory which discovered that the apperidix needed to be removed. The doctors in checking the patient, Deborah Seeley, earlier believed that it was a cyst in the ovary and tube that had to be removed. It later turned out that the cyst was one that the ovary and tube did not need to be removed. 8. PARTICULAR ACT OR OMISSION BY A CITY AND/OR COPNTY EMPLOYEE, OFFICER OR AGENT CAUSING THE INJURY OR DAMAGE. The Contra Costa County Hospital , through its agents and employees and independent contractors, failed to diagnose and treat what was an appendicitis and delayed diagnosis and misdiagnosed the pain as a cyst to the ovaries and tubes and a$ a result of said misdiagnosis removed the ovary and tube when said removal was not medical necessary. Ifr D L� Clerk of the Board of Supervisors Re: Seeley October 8, 1984 -2- 9. NAMES OF THE CITY AND/OR COUNTY EMPLOYEE, OFFICER• OR AGENT CAUSING THE INJURY OR DAMAGES, IF KNOWN, ('IF UNKNOWN, SO STATE) : All hospital employees contained in the medical records of the Contra Costa County Hospital . 10. DESCRIBE THE FULL EXTENT TO INJURIES AND DAMAGES CLAIMED: Mr. David Seeley loss of services and consortium of his wife. Deborah Seeley loss of•ovary and tube and delay in operating for appendicitis of approximately four months which caused extreme pain and loss of income as a result of not being able to work. 11 . TOTAL AMOUNT CLAIMED: $25,000.00 - David Seeley; $75,000.00 - Deborah Seeley. 12. NAMES, ADDRESSES AND TELEPHONE NUMBERS OF WITNESSES, DOCTORS, HOSPITALS AND ANY PERSON WHO CAN SUBSTANTIATE YOUR CLAIM-OR THE AMOUNT CLAIMED: All hospital employees contaiined in the medical records of Contra Costa County Hospital . DATED: MAHIN EIVIM�DD A2 The Board of Supervisors CWtra me E,otticw ct.rk a nt.ao.ro County Administration Building Chilli C141111 d P.O.Box 911 � pis)xr2-tan Martinez,California 94553 Tan powers,tat District t9see,C.iMrd.r4 2nd Distract . Dobe"1.achrod.r,3rd District Suns Wright McPwk,4th District Torn TodMson.Stn District October 23, 1984 70: Deborah & David Seeley c/o J. Michael Mahin 1900 Olympic Blvd. , #201 Walnut Creek, CA 94596 NOTICE 10 CLAIMANT (moi-Naw—cl-a-lin) (Gotrernmtent Code Section 911.31 (xDc The claim you presented to the Board of Supervisors of Contra Costa Oounty, California, as governing body of the xx County of Omtra Oosta and,/or District, on October 9, 1984 is being returned to you herewith because t was n`ot presented within 100 days after the event or occurrence as required by law. (See Sections 901 and 911.2 of the Government Code.) bemuse the claim was not presented within the time allowed bir law, no action was taken an the claim. Your only recourse at this time is to apply without delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code.) Under same circumstances, leave to present a late claim will be granted. (See Section 911.6 of the Government Code.) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attor- ney, you should do so immediately. Is R is TO BE FILLED IN BY TM CU RK OF ME BOARD CHLY IF APPLdCMZs (x) Since a portion of tycour claim is not tsttimely, we are i retaining a copy of your claim for Board action on that portico of your claim which is not untimely. J. R CL&M, County Clerk Deputy Clerk Date% October- 23, 1984 RANDI:I ..u Q - 1. � t }C a 0 2 is N. CT D LIM Da � a � tii t apZP • ON s Ul 10 LZ 11 Atn 12 Q 00 tt PvA 13 14 Ab 16 �S 1? 1S 19 CD 21 � o ca O 'S G w N � ° 23 24 25 m v CD 26 21 28 � o . CLAIMt - BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA -BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT November 6, 1984 governed by the Board of Supervisors, ) The copy of s cement led 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 Goverrment Code Section 913 and 915.4. Please note all Warnings". . Claimant: Deborah and David Seeley Attorney: J. Michael Mahin 1900 Olympic Blvd., #201 Address: Walnut Creek, CA 94596 Amount: $100,000.00 By delivery to clerk on Date Received: October 12, 1984 By mail, postmarked on October 9, 1984 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. y� Dated: October 12, 1984 PHIL BATCHELOR, Clerk, By aLc G Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (Al This claim .complies. substantially with Sections fi9 0 and d�10.2.as ft oxaas eTC_".br: c_rJTt"%1/00 da�� ; ,.� I;,,- gym. ( ) This claim FLS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910. c5 a/l ace ftZA AW more✓ tAa 01 146 'AAA.' p,-10 r h /ne, m -C" . fX ) Claim is not timely filed Clerk0should return ela.id oto ground that t �ileLd late and send warning of elaimantls right to apply for leave to present a late claim (Section 911.3). ( Other: et e 9t7 n Dated: 2- By: Deputy County Counsel i j III. FROM: Clerk of the Board TO.. ) County Counsel, 2) County Administrator (X) Claim was returned as untimely with notice to claimant (Section 911.3)• IV. BOARD ORDER By unanimous vote of Supervisors present MM n ( ) This claim is rejected in full. ( X ) Other: This claim is rejected relative to those acts occurring within 100 clays to e . . I certify that this is a true and correct copy of the Board's Order entered in its mi es fb'r1WR date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (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_ xf you want to consult an attornev. you should do so immediately. County Counsel APR 12 1985 CLUM BOARD OF SQPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA �80 'A�'TION 5 Claim Against the County, or bistriet ) NOTICE TO CLAIMANT April 30, 1985 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. 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: Presley of Northern California, Inc. Attorney: Archer & McComas Address: 1299 Newell Hill Place, Suite 30660 Walnut Creek, California 9Hand delivered AIIOant: $675,000.00 + By delivery to clerk on April 11, 1985 Date Received: April 11, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 11, 19 8 5 PHIL BATCHELOR Clerk By1 ;ti, ,` Deputy Ann Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( �C) 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 Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER EV unanimous vote of Supervisors present C>3 This claim Is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: y-3 6 -J�C PHIL BATCHELOR, Clerk, By ° , Deputy Clerk WARNING (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 claimants right to apply for leave to ent a late claim was mailed to claimant. DATED: - �g� PHIL BATCHELOR, Clerk, By ° , Deputy Clerk cc: County Administrator (2) County Counsel (1) Amended Claim of ) PRESLEY OF NORTHERN CALIFORNIA, ) INC. , ) ) AMENDED CLAIM PURSUANT TO - Claimant, ) GOVERNMENT CODE §910. 6 VS. ti Vvirb ) COUNTY OF CONTRA COSTA Respondent, i'HIl 6ATCI�E.O^ Pursuant to Government Code Section 910. 6 , an amended claim for indemnity is hereby presented as follows : TO: COUNTY OF CONTRA COSTA 651 Pine Street Martinez , California 94553 (a) Claimant' s name and address is as follows : PRESLEY OF NORTHERN CALIFORNIA, INC. 39 Quail Court, Suite 303 Walnut Creek., California 94596 (b) Claimant desires notices to be sent to: ARCHER & MCCOMAS 1299 Newell Hill Place, Suite 300 Walnut Creek:, California 94596 (c) The date , place and other circumstances which give rise to this amended claim are as follows : Claimant, as presenting a claim for indemnity, relies on plaintiff' s allegations. Plaintiff alleges the first date of recorded damage to be on or about February, 1984 . Plaintiff further alleges that the occurrence or incident is of a continuing nature causing claimant' s uncertainty as to a spe- cific date of the event or events wherein the cited injuries and damages have occurred. The place of occurrence, according to plaintiff, is the Turtle Creek Subdivision (Tracts 4359, 4495 , and 4468A) , City of Concord, County of Contra Costa, California. (d) A general description of the damages and loss incurred so far as is now :known is as follows: Plaintiff alleges that on or about February, 1984 , several culverts beneath Ygnacio Valley Road, bordering the southern portion of the Turtle Creek project, and connected -2- to the Concord storm drain system which empties into the develop- ment, allegedly projected and emitted and continues to emit large amounts of. sediment laden water into the Turtle Creek underground and surface drainage system. Plaintiff further alleges that when this water enters the three ponds and connecting streams. located within the project, the water flow slows causing excessive sedi- ment to settle out, severely decreasing the detention ability of those basins and further causing flooding to the park, common areas and approvements and certain individual houses and lots ad- jacent to the mentioned community park area, all according to plaintiff. It is alleged by plaintiff that grading activity taking place as part of landslide repair along Ygnacio Valley Road (west of the ,Ygnacio Valley Road/Cowell intersection) believed to be under the control and direction :of the City of Walnut Creek and the County of Contra Costa, respectively; and under the further control and jurisdiction of the City of Concord. Plaintiff fur- ther alleges erosion along the perimeter of an abandoned quarry southeast of the Cowell Road/Ygnacio Valley _Road intersection believed to be owned by the County of Contra Costa and within the jurisdiction and control of the City of Concord. Plaintiff further alleges continuing erosion of land in an area about 2. 5 acres believes to be owned by the Contra Costa County Water District also located within the mentioned quarry area site which houses a water tank. Plaintiff' s under- standing is that the water district area is within the control and supervision of the City of Concord. It is further believed and claimed herein that the County of Contra Costa, its officers , servants and employees con- tributed to and/or caused the above-mentioned damages by, among other things , its negligence, its failure to discharge its man- datory duty, allowing dangerous conditions on public property, its private nuisance and its abatement of threatened nuisance as further specified in plaintiff' s complaint. (e) The names of the public employee or employees causing the injury, damage or loss is unknown at this time. (f) The amount claimed as of the date of presentation of this claim and the estimated amount of any. prospective injury, damage or loss are unknown at this time. However, plaintiff al- leges and set forth in his complaint that damages are in excess of $675,000. 00 and other damages are unknown at this time, accord- ing to plaintiff. Computation of damages by plaintiff are in the aggregate, with no individual accounting. Individual damages zre unknown at this time. The amount of $675 ,000. 00 asserted in the complaint -3- is based on damage to the following: 1. Several acres of Turtle Creek Park landscaping, irrigation system, paths and walkways. 2. Loss of park use. 3. Creation of peril and damage to houses located ad- jacent to the Turtle Creek Park. l 4. Damage to three ponds and connecting streams due to errosion of banks and sedimentation fill. 5. Damage to pond and stream ,aeration equipment. 6 . Damage to walls , fences, grading, drainage system and utilities located within and around the Turtle Creek Park area. 7. Required drainage system installation to adequately carry Concord City system and other related waters through the Turtle Creek project. 8. Diminution of value to claimant's properties. Plaintiff alleges that damages to the listed items will be in excess of the stated amount, and are unknown at this time. (g) This amended claim is presented by the law offices of ARCHER & .MCCOMAS on behalf of the above-named claimant. DATED: April 10 , 1985 ARCHER & MCCOMAS Timothy M. McMahon PRESLEY OF NORTHERN CALIFORNIA, INC. .l „tiOCII, _V �LL_t�j RECEIVED Claim of ) SPR 1 1 1985 PRESLEY OF NORTHERN CALIFORNIA, 1;Io p,,m, INC. , ) FWL BAT& EIOR LERCO AOSi►E VISORS IV RA � Claimant, Deputy e ur CLAIM PURSUANT TO VS . ) GOVERNMENT CODE §901 & §910 COUNTY OF CONTRA COSTA ) Respondent, ) Pursuant to Government Code Section 901 and 9N , a Claim is hereby presented for indemnity as follows : TO: COUNTY OF CONTRA COSTA 651 Pine Street Martinez, California 94553 (a) Claimant' s name and address is as follows : PRESLEY OF NORTHERN CALIFORNIA, INC. 39 Quail Court, Suite 303 Walnut Creek , California 94596 (b) Claimant desires notices to be sent to : ARCHER & McCOMAS 1299 Newell Hill Place, Suite 300 Walnut Creek, California 94596 (c) The date, place and other circumstances which give rise to this claim are as follows : Plaintiff ,alleges the occurrence or incident is of a continuing nature causing claimant' s uncertainty as to a specific date of the event or events wherein the cited injuries and damages have occurred. Plaintiff alleges the most recent occurrence was on or about February, 1984. 'Ihe place of the occurrence is the Turtle Creek Subdivision, according to plaintiff, City of Concord, County of Contra Costa, California. (d) A general description of the damages and loss incurred .so far as is now known is as follows : Plaintiff alleges that on or about February, 1984, several culverts beneath Ygnacio Valley Road, border- ing the southern portion of the Turtle Creek project, and t r connected to the Concord storm drain system which empties into the development, allegedly projected and emitted and continues to emit large amounts of sediment laden water into the Turtle Creek underground and surface drainage system. Plaintiff fur- ther alleges that when this water enters. the three ponds and connecting streams located within the project, the water flow slows preventing excessive sediment to settle out, severely decreasing the detention ability of those basins and further causing flooding to the park, common areas and approvements and certain individual houses and lots adjacent to the mentioned community park area, all. according to plaintiff. It is alleged by plaintiff that grading activity taking place as part of landslide repair along Ygnacio Valley Road (west of the Ygnacio Valley Road/Cowell intersection) believed to be under the control and direction of the City of Walnut Creek and the County of Contra Costa, respectively; and under the further control and jurisdiction of the City of Concord. Plaintiff further alleges erosion along the perimeter of an abandoned quarry southeast of the Cowell Road/Ygnacio Valley Road intersection believed to be owned by the County of Contra Costa and within the jurisdiction and control of the City of Concord. Plaintiff further alleges continuing erosion of land in an area about 2. 5 acres believes to be owned by the Contra Costa County Water District also located within the mentioned , quarry area site which houses a water tank. Plaintiff' s under- standing is that the water district area is - within the control and supervision of the City of Concord. It is further believed and claimed herein that the County of Contra Costa, its officers, servants and employees contributed to and/or caused the above mentioned damages by, among other things, its negligence, its failure to discharge its mandatory duty, allowing dangerous conditions on public property,<..its private nuisance and its abatement of threatened nuisance as further specified .in plaintiff' s complaint. (e) The names of the public employee or employees causing the injury, damage or loss is unknown at this time. (f) The amount claimed as of the date of presenta- tion of this claim and the estimated amount of any prospective injury, damage or loss are unknown at this time. However, plaintiff claims that damages are in excess of $675, 000 . 00 and other damages are unknown according to plaintiff. .(g) This claim is presented by the law offices of ARCHER & , McCOMAS on behalf of the above named claimant. DATED: March 29, 1985 ARCHER & McCOMAS Z 1_ Timothy M. McMahon PRESLEY OF NORTHERN CALIFORNIA, INC. t 4. r`-Le IM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE 1O CLAIMANT April 30, 1985 governed by the Board of Supervisors, ) The copy of s 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 purstwnt to Government Code Section 913 and 915.4. Please note all wWarnings". Claimant: Calfon Construction, Inc. Attorney: Steven M. Bernard 2450 Peralta Boulevard, Suite 211 Address: Fremont, California 94536 Amount: $17, 828. 25 By delivery to clerk on Date Received: April 1, 1985 By mail, postmarked on March 29, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated:April 1, 1985 PHIL BATCHIIAR, Clerk, By Deputy ME" erve i II. FROM: County Counsel TD: 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: - 3 - By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) &nty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (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 oonnection 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 Boardis 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: 4-ao-g< PHIL BATCHELOR, Clerk, By -A4 a , Deputy Clerk f4--- 0c: County Administrator (2) County Counsel (1) CLAIM • f v ECEIVED 'TO: BOARD OF SUPERVISORS PHI BAT!!IELO° Contra Costa County CLE"" 1Agn 725 Court Street B" , Martinez, California 94553 IN THE MATTER OF THE CLAIM OF: CALFON CONSTRUCTION, INC. Claimant, VS. CONTRA COSTA COUNTY Calfon Construction, Inc. hereby presents this claim for equitable indemnity to the Bay Area Rapid Transit District pursuant to Section 910 and 901 of the California Government Code. 1. The name and address to which all correspondence should be sent is as follows: Steven M. Bernard 2450 Peralta Boulevard, Suite 211 Fremont, California 94536 2. On or about October 1, 1984, suit was filed against Calfon Construction, Inc., et al., in Contra Costa Superior Court, No. 264131 seeking damages for injuries allegedly received under the following circumstances: a. Several residences of Concord in the vicinity of Monument Boulevard, were flooded during heavy rains occuring on September 30, 1983. b. Calfon Construction, Inc., was working on a storm system construction project for the Army Corps of Engineers in the nearby area. c. Gallagher & Burk Construction Company was working on a storm system construction project for the Bay Area Rapid Transit District in the nearby area. d. Plaintiff in the ensuing suit, Bayside Capital Management Company, incurred damage to real property and loss of rents and filed its claim against Calfon Construction, Inc., amongst others. 4. This claim is being filed for the purpose of seeking equitable indemnity from the Bay Area Rapid Transit District in compliance with Section 901 of the California Government Code requiring a filing of claim within 100 days of service of the complaint. There is no proof of service of the complaint in the file but the general appearance of Calfon Construction, Inc:, was made by its answer on February 19, 1985. Mi 5. At the date of filing this claim, discovery is just.commencing and the amount sought for indemnity is unknown. In the complaint, plaintiff seeks not less than $17,828.25. 6. Further, as discovery is just commencing, the name or names of persons responsible for the damage alleged in the complaint are not known by Calfon Construction, Inc. Dated: March 13, 1985 A'tWA EVEN M. BERNARD Attorney for CALFON CONSTRUCTION, INC. AMENDED CLAIM • B61AD OF SOPIItVISORS OF OONTRA OOSTA CO[lN'PY, CALIP+ORNIA ' WARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 30, 1985 governed by the Board of Supervisors, The copy of s ument 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: \ California State Automobile Assn. CPR+AGAVUf-0 Attorney: Concord District Office Address: P.O. Box 4 019 Concord, CA 94524-2019 Amount: $$375.88 By delivery to clerk on Date Received: April 1, 1985 By mail, postmarked on March 29, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 1, 1985 PHIL BATCHELOR;, Clerk, By a Deputy 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: y _ 3 - By: 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 ORDER By unanimous irate of Supervisors present �>Q This claim i�Lctteed in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: _3 0 -tt' PHIL BATCHELOR, Clerk, By a , Deputy Clerk WARNIW (G)v. 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 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 copy of this Claim in accordance with Section 29703. ( ) A warning of .claimant's right to apply for leave topre-sent, a late claim was mailed to claimant. DATED: 4-3p PHIL BATCHELOR, Clerk, By A Deputy Clerk 00: County Administrator (2) County Counsel (1) CLAIM t <C> •� ��� assi nmeat of claim andRECEIVED subrogation agreement .,A, At , NIL 8Ar'!1LOR _tear.COArt)O;SU�Et,/rcp�; CCt.° .CO.�.•..;JI I a ❑ the sum of 6r In consideration of the payment to the undersigned of 11 a sum estimated to be Three Hundred Twenty Five and 88/100 Dollars, being the full amount of loss and damage insured against under an automobile insurance.policy, number 1351721 issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE'BUREAU, said loss and damage having occurred on or about the 18th day of December 19—AA— the said undersigned hereby assigns and transfers to said Bureau said claim in the above amount plus an _additional claim for damage resulting from said accident, not covered under said policy of insurance, in the amount of$ sn-nn constitutin g F71 a total&7 a total estimated claim in the amount of$ 375.88 Said Bureau is hereby subrogated in MY _place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue, compromise or settle in M9 name or other- wise to the extent of said total claim for loss and damage, and to endorse in my name any check made payable to me therefor, and collect and receive any money payable thereby. The undersigned covenants that I have _not released or discharged any such claim or demand against such party or parties and that I will furnish to said Bureau any and all papers and information'in possession, necessary for the proper prosecution of such claim. r 1 �� Dated aOJ2 LI 11 ZL this Q! day of . WITNESS F1433 )REV.7-77) r Claim. For Damages In accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogated claim for the loss described below. Date: March 22, 19 , 19_8x_ .Clerk of The Board of Supervisors County Administration Bldg. # 106 Concord , California 651 Pine Street Martinez, CA 94553 Claim is hereby made and filed against the _ Contra Costa County as follows: Name of Claimant: California State Automobile Association Inter-Insurance Bureau Address of Claimant: (Send notices to this address) P.O. Rex 4019 ronrnrtl , rA .-94574 Date of Occurrence: December 180 1984 insnn AM Place of Occurrence: enggina Lane, Pleasant T14 11 CA Nature and Amount of Damages Body an pain mor to he amrnmt of �4S-RR Items Making up said Amount: See attached estimate Name of Public Employee(s) causing said Damage(if known): Contra Costa Water District vehicle and employee Facts & Details: Insured was driving down Coggins Lane vast the Pleasant Hill BART parking lot. Construction workers were unloading some large metal pipes from mat bed trucks, then ong of the ropes securing the pipes came flying down en hood of inauredla pahirla� rfha�art cauBP„d a_ r�n,=rp horn AnA A"ta to ina»ratila hood and right fender–pia–s trap itnss .t E S WIL 8ATr!fELOZ California State Automobile Association :cap. AMI1Oi S�JP74-. r.; Inter-Insuran a Bureau �.co• By: n1 � .:¢ _ESTE' _ G. LANN'RENCE & N P.J. BJ 11 » - ,, EXCLLSIVE —VOLVO — DCALCR �tuVUT CREEK, CA 941 Since 1921 y ' LICENSE NO. 9200 (})GV Y DATE 1 _TW n6 ' INSURANCE 11` PHONE 1 /" �5 "_ ADJUSTER OWE .0 MODELPL la�. SERIAL MILEAGE LICENSE FRONT •� f labs Mn. Ports Symbol IEFi e�•suis�t lob6r Mn. Ports Sy-boll s RIGHT as �sr Ft 9066'"'s PwM temper(U)Et•N10r Finder,Frt.E Est, fender,Frt,d-Ris. bumper(1)Es New Fender Shield Fender Shitld bvmptr Sr►f. Fender AAldo fVFrnder Bumptr Gd. Meodlomp Meodlornp Of Frt System Meodlomp Door Meodlomp Door Frame Sealed boom In-Owl Sealed beam In•Ovt Cross Member Co-I-Post Carl-Post StoddGstr Windsh.eld Mldg. Windshield Mldg. Whetl Door,Front Door,Front Hub Cap Sm.-lge. Door Hinge Door Hinge Mvb b Drum Door Gloss Door Glass Vent Gloss Vent Glass Knuckle Sup. Door Mldg. Door Mldo. Ir.Cont.Arm Door Handle Door handle Ir.Cont.Shah Center Post Center Post Up.Cont.Aim Door Reor Door floor Up.Cont.Shah Door Gloss T-CI. Door Glass T-CI. Shock Door Mldg. Door Mldg. Tit Rad-Ends Rocker ponel Rocker Po of Steering Gear Rocker Mldg. Rocker Mldg. Steering Wheel Floor \ Floor Morn Rrng Ovor.Inner Const: Ouar.Inner Const. Gro.tl Shield Ovar.•Est. " Ovor.-Est. Pork.light Ovor.Panel Upper Ouor.Panel Upper Rod Grille.Cir. Over.toyer Ovor.Panel to-or Rod.Grille.Side Ovor.Mld s. Ovor.Panel Mld s. Grille Mldg. Ovor.-Gloss T-CI. Ovor.-Gloss T-CI, REAR MISC_ bum er E■.-Now Inst.Panel Bumper brkt. Front Seat _ Morn bumper Gd. Front Soot Tracks &offle,Side Gra"I Shield Reor Soot Boffle,to-or to-or Ponel Meodl.nir .bottle.Upper Floor Top_ tock Plate.tr. Trunk lid Tire We Worn tack Plate.Up. Trunk lid•Hinges Trim Mood Top • Trunk Handle Mld s. onery is6odiIrOge Toil tight eint d Material 1 Need MIJ . Toil Pitt-Mvfffor Ornament beck Up tight Antenna _ Rod.Su . Frame-Crossmember Rod.Core _ Gas Tank Windshield T-CL Mub d Drvm Rod Mous APO*-Mousing Fon blade spring Fan left Control.Arms Water Pymp•Pulte A-ALIGN N-NEN OM-OVERHAUL EK-EXCNAMGE Motor Mts. RC-RECNROs1E k14USED b-STRAIGHTEN OR REPAIR Trees.linkage - w+luEAar INCLUDES ALL PARTS AND LABOR. IF ON CLKS101tEAI.LI.I.]IT IS FOUND THAT AD- j V C DITIONAL REPAIRS ARE NECESSARY,YOU WILL DE CONTACTED FOR AUTHORIZATION. PHONE REVISED ANOUNt TPt • - �- o•Tc TIME PERSON CONTACTED Sublef I HAVE READ AND UNDERSTAND THE ABOVE EST1NATC AND TENNIS. ! b l I AUTMORI2E S[RVICE TO BL PLRFORMED.INCLUDING SUBLET WOR'.K.AND ACKNOW- / 1, 1 , .r THISDRAFT MUST BE PROPERLY ENDORSED ON THE REVERSE SIDE N77 ' O Eu-°fit cc i l AE V o AC ~ Yr N a C ° Zz � < I O ;. . n d ° i Y L w s^s • $ a Q Q to v T C J1� u usCl1 : W Z L) a A d W04Cc _ 3a W 4z w JLLl ^ C IMI w e J w u oo n i z wio ;i OAMD i ¢ � 3 V o ' W or c 0xmI& a o la 1-1-00 , J <*> assi nme'nt of claim andRECEIVED n subrogation agreement Mi.aAM4Eioa .EPY,COAeD O �Ur'C2.�J1T°O�.^.S CCN' .C�:�.•.G.JT ❑ the sum of By X�l�.�+enU In consideration of the payment to the undersigned of XX a sum estimated to be Three Hundred Twenty Five and 88/100 Dollars, being the full amount of loss and damage insured against under an automobile insurance policy, number T351721 issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, said loss and damage having occurred on or about the 18th day of Dacember 19 4_, the said undersigned hereby assigns and transfers to said Bureau said claim in the above amount plus an _additional claim for damage resulting from said accident, not covered under said policy of insurance, in the amount of$ 50-00 , constituting El a total 60 claim a total estimated in the amount of $ 375.88 Said Bureau is hereby subrogated in my _place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue, compromise or settle in MY name or other- wise to the extent of said total claim for loss and damage, and to endorse in my name any check made payable to me therefor, and collect and receive any money payable thereby. The undersigned covenants that I have not released or discharged any such claim or demand against such party or parties and that I will furnish to said Bureau any and all papers and information,in possession, necessary for the proper prosecution of such claim. (L-/)W 4 Dated an 2/ �Z'uL this day of " " -� WITNESS F1433 (REV.7-77) Claim For Damages In accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogated claim for the loss described below. Date: March 22., 19 119 85 .Clerk of The Board of Supervisors County Administration Bldg. # 106 Concord , California 651 Pine Street Martinez, CA 94553 Claim is hereby made and filed against the Contra Costa County as follows: Name of Claimant: California State Automobile Association Inter-Insurance Bureau Address of Claimant: (Send notices to this address) P_0_ Box 4019Cmord- CA 94574 Date of Occurrence: December 18- 1984 10;00 AM Place of Occurrence: Cinggins Lara, Pleasant Hill, CA Nature and Amount of Damages Boy and paint work to the amtnlnt of '$145-88 Items Making up said Amount: See attached 'estimate Name of Public Employee(s) causing Said Damage(if known): Contra Costa Water District vehicle and employee Facts & Details: Insured was driving down Coeeins Lane past the Pleasant Hill BART parking lot, Construction workers were unloading some large metal pines from mat bed trucks; when one of the ropes securing the Wipes came flying down on hood of insured's yahi rl e- Thp impart caused a rope burp anti dp rst tp ingnrad's hold Sind iri ght fender nin atriniroa i �. , IA.7 MIL sArr!fEiO1 California State Automobile Association Inter-Insuran a Bureau to• Sv . iM�1r .—yam F1688 (REV.5-78) -ESTE. _. G. LA'Vlw'RENCE & N P.0. ?JX 37 r ^ EXCLUSIVE—VOLVO - DEALCI? y -� �lLa--NUT CREEK, CA 9-1s 7 Since 1921 "• � `•�'� � LICENSE NO. S?QQ / ^� G DATE! / 7 . . CJ S INSURANCE �PHONE1711'Q• IM ADJUSTER d MODELPZ 41T). SERIAL MILEAGE LICENSE FRONT le .r Mn. Pores S ..bel LEFT TIT lobe.Nn. Ports Srmbol s RIGHT l• °r S lobo.14's.s Pores o• by _ _e. o. u. Jmper(U)E.-Naw Fender,Fri.d Est. Fender,Frt.d RSL Bumper(1)E.New Fender Shield Fender Shield Bumper Britt. Fender Mldg. Fender Bumper Gd. Heodlamp Headlamp Fre.System j Heodlomp Door Headlomp Door From* Seated Beam In-Out Sealed Beam In-Out Cross Member Cowl-Post Cowl-Post Stabilizer Windsh.eld Mldg. Windshield Midg. Wheel Door,Front Door,Front Hub Cop-Sm.-lge. Door Hinge Door Hinge Hub b Drum Door Gloss Door Glass Vent Glass Vent Gloss Knuckle SUP. Door Midg. Door Mlda. Lr.Cont.Arm Door Hct•dle Door Handle Lr.Cont.Shaft Center Post Center Post Up.Cont.Arm Door Rear Door Rear Up.Cont.Shaft Door Gloss T-CI. Door Glass T-CI. Shock Door Midg. Door Mldq, Tie Rod•Ends Rocker Panel Rocker Panel Steering Gear Rocker Mldq. Rocker Midg. Steering Wheel Floor Floor Horn Ring Ouar.Inner Const, Over.Inner Const. Gra-el Shield Over..Est. Over.-Est. Park.Light Over.Panel Upper Over.Panel Upper Rod Grillo.Cir. Over.lower Over.Panel lower Rod.Grille.Side Over.Mld s. Ouor.Panel Mid s. Grille Midg. Ovor.-Gloss T•Cl. Ovor.-Gloss T-Cl. REAR MISC. Bumper E..-Ne., Inst.Panel Bumper Brkt. Front Soot Horn Bumper Gd. Front Seat Trocks -- Baffle,Side Grovel Shield Rear Seat Baffle,lower lower Pone[ Heodlinir Baffle.Upper Floor Top lock Plate,Lt. Trunk lid Tire %Worn Lack Plate,Up. Trunk Lid-Hinges Trim S Hood Top s l Trunk Handle Mldgs. orrery Hb"L 4 qe Toil light Point d Material 1 Hood Mldq. Toil Pipe•Muffler Ornoment Bock ULi ht Antenna _ Rod.Su . Frame-Crossmember Rod.Core Gas Tank Windshield T-CL Hub b Drum Rod Hoses Ade-Housing Fah Blade Spring Fon Belt Control•Arms Water Pump-Pvlie A-ALIGN "-NEW ON-OVERHAUL EX-EXCHANGE Motor MIs. RC-RECHROME U4USED S-STRA1014TEN OR REPAIR Tions.linkoge ftJRtREtkR� C L INCLUDES ALL PARTS AND LABOR. IP ON CL SER ANALYSIS IT IS i0UNO THAT AD- Per% j f� OITIONAL REPAIRS ARE NECESSAKY.YOU WILL BE CONTACTED POR AUTHORIZATION. S PHONE REVISED ANOUNT Tei ><` OAT[ TINE PERSON CONTACTED Sublet_ 1 HAVE READ AND UNDERSTAND T04E ABOVE ESTIMATE AND TERMS. f I AUTMOR12E SERVICE TO BE PERFORMED. INCLUDING SUBLET YORK. AND ACKNOW- THIS DRAFT MUST BE PROPERLY ENDORSED ONTHE REVERSE SIDE ' mho i oo N O I ' U t _ W _ a CL) W V V L W N a C ° z ' j � i I Q I ' CD W 6 E o_ •r Q A W — <z V! : LAI DO TIT •C lit rt cg W i V > W o Z U ° >— i — j J Lu C Wi JI-- M o' cn O " LL. o 3 Il LL r e ¢ O } W W Q W D o 0 o a f 0 0 or:n, :hen co..Tpleted, Should be mailed or dr—ivrre•d to: Insurance Division Ri��jj1�.6.iD Bay Area Rapid Transit District .a. 800 Madison Street , Oakland, California 94607 APR 1) i��� CLAIM AGAINST SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRI T =E*a '� flDrlLi�l CC CO'.:. WITH GOVERN CODE SECTIONS 910 ET SE * e ^. .. .c NAME AND POST OF 'IC ADDRESS OF CLAIMANT:• C POST OFFICE ADDRESS TO WHICH CLAIMANT DESIRES NOTICES TO EE SENT: DATE, TIME AND PLACE OF OCCUUENCE OR INCIDENT: DESCRIPTION OF OCCURRENCE OR INCIDENT AND A_NY INJURY, LOSS OR DA: AGE INCURRED: AIL" oe ,C, WE )OF LOYEE(S) CAUSING 'LE INJURY, LOSS OR DP1.IAGE, IF KNCWN: AMOUNT CLAIMED AS OF DATE OF PRESE[N�TATION OF CLAIM_ AND THE ESTIMATED AMOUNT OF FUTURE C'T ATM TF KIN19-IN: I understand that, by furnishing this form, BART is not acknowledging any responsi- bility for paycient of my claim. .Dated: j� Z-7 ,5.q *Claim must be presented within 100 days of incident in accordance with Gove=Trent Code Sections. CLAIM, •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 acorual 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-tv, 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 Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name) ) The undersigned claimant hereby cakes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------ - - ----------------------------------------------------------- 1. When---di-d-the damage or injury occur? (Give exact date and hour) ---------------------------- mage 2. Where did the damage or injury occur? (Include city and county) i 3-.---floowd----- idth---ed------amage---or-----in-j-u•--ry-----occur?-----(Give---------full--details-------,---use-----extra---- sheets if required) ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? PIZ 0 ^-'� (over) 5.., cr,hat are the names of county- or district officers ,. servants or employees causing the damage or injury? ----- -------------------------------------------- 6 . what- damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) --------------------------------------------------------------- 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. --------------------------------------------------------- --------------- 9. List the expenditures you made on account of thi -s accident or injury: DATE ITEM AMOUNT ************************************************************************** Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by,-some person on his behalf. " Name and Address of Attorney 3 Cla ian ,? ��jntre 1'`��, �L Addre s Telephone No. —7 Telephone No. / - 1k93 �I H . 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. " _. . __ .,.• �,_•.,..,,..�.- _ SHEET mOTO L D.No. GAB FILEN©. 4,1� R 43^ _ YHOTOGRAPHED BY DATE TAKEN - � ,v ,d,�,Via"'-r - - ...��•""' a e'a ,.- UMBER ---'� PICTURE N v�S �",.es,� :•"� DESCRIPTION JJ =� Vii• �_e;-= „•x,Y.''=.��:� ._. 'f~�,r,rr._ - c'Ye'.,•cam'-. ""-z' ' PICTURE NUMBER ---- DESCRIPTION �' February 22, 1985 Ms. Vickie Behrens CONTRA COSTA WATER DISTRICT P.O. Box H2O Concord, CA 94524 Dear Vickie, Pursuant to our telephone conversation this date, enclosed please find a photograph of the damage to my car along with an estimate for repair and a copy of the original statement presented to BAY AREA RAPID TRANSIT. The damage occured in December 1984 when I was driving down COGGINS LANE past an area where CCWD was installing some drainage pipe. There were some flat bed trucks with large pipes on them, 'and one of the ropes securing a pipe came flying down onto the hood of my car. I called BART insurance company, and they were to investigate! the matter. On Tuesday February 19, Mathew Zoma from GAB BUSINESS CO. , BART'S insurance co, confirmed that CCWD had been doing the work at the above mentioned location when the accident occured. Please contact me at your earliest convenience, as we may resolve this matter as soon as possible. Thank you in advance for your cooperation in this matter. KeyPrimavera Home phone# 945-4935 after 6:00p.m. Work phone## 798-8550 'y��.�t.r--�''� ray �„..✓� � . � r y� 'r• r � a � ' .` / { .. ;,. } I v�.' �r"r-r, r r t � y7R r+�+.. t .. �. ,t .1 , ::fz.. a :�-r, .r,°��Y AMENDED / CL41M f BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 30, 1985 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. 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 "War& .Gounse1 Claimant: Gregory Lynn Fields APR 17 1985 Attorney: John H. Mitchell Daughters, Coffey & Mitchell Martinez. Cry 94553 . Address: 2131 San Pablo Avenue - Pinole, California 94564 - Amount: $35, 000, 00 By delivery to clerk on Date Received:, April 5, 1985 By mail, postmarked on April 4, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Apr i 1 16, 19 8 5 PHIL BATCHELOR, Clerk, By01 jnxi Deputy n erve i II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) W 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: -11i-S,', By: 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 ORDER Vy unanimous vote of Supervisors present ( This elaim'\-is rejected in full. ( ) Other: I certify that this is a true and correct cop of the Board's Order entered in its minutes for this date. Dated: �_'�p_S(� PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (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 to pr/gsent a late claim was mailed to claimant. DATED: 0_nr PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) DAUGHTERS, COFFEY& MITCHELL LAW ASSOCIATES TURPEN A. DAUGHTERS 2131 SAN PABLO AVENUE PEGGY R. COFFEY PINOLE,CALIFORNIA 84564 JOHN H. MITCHELL PHONE(415) 7240535 April 4, 1985 �CEIV�D e, 9 � Phil Batchelor rr;i(�atEi Clerk of the Board of Supervisors CLERK Watt) UA P.O. Box 911 a Vii:; Martinez, California: 94553 ATTN: Jolene Edwards, Deputy Clerk Re: GREGORY LYNN FIELDS, 911.2 Claim Dear Mr. Batchelor: I am returning to you the claim of Mr. Fields against Contra Costa County. Your Notice of Late-Filed Claim indicates that the claim was filed 1Karrch 25, 1985. The 100th day after the incident occurred would have been March 24, 1985, which was a Sunday. California Code of Civil Procedure section 10 provides that "Holidays within the meaning of this code are every Sun--_. ' day". . . . . . . and, section 12a of CCP provides that "If the last day for the performance of any act provided or required by la5a to be performed within a specified period of time shall be a holiday, then such period is hereby extended to and including the next day which is not a holiday... . . . ... . If you have any questions concerning this I suggest you have the County Counsel advise you. Yours truly, dj;:H. Mitchell JHM/mp encl. The Soard of Supervisors C;prltl"d1 ~ ' Ea onieio Clef of the Board �. .Ryewll County Administration Building Crosta ChW clef P.O. Box 911 C% "1 1415)V2-23» Martinez, California 94553 Tom Posen,151 District Nancy C.iehdan.2nd District ROW I.Schroder,3rd District Sonne WNht MCPeat,4th District Tom Taft"on,Stn District Gregory Lynn Fields c/o John H.. Mitchell 2131 San Pablo Avenue Pinole, CA 94564 NXICE Ta C[kDQW (fie-FilW—c INN-) (Government Code Section 911.3) (x) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa and/or District, on CMarch 25, 198,0 is being returned to you herewith because not presented within 100 days after the event or occurrence as required by law. (See Sections 901 and 911.2 of the Government Code.) Because the claim was not presented- within the time allowed by lava, no action was taken on the claim. Your only recourse at tl`nis time is to apply without delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Goverment Code.) 'Under some circuastances, leave to present a late claim will be granted. (See Section 911.6 of the Goverment Code.) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attor- ney, you should cb so immediately. ., TO BE FIUM IN SY 'IIS CIM CSE' ME BOARD CNLY IF APPLICNME: O Since a portion of your claim is not untimely, we are -_._.retaining a copy of_your claim for Board action an that portion Of your claim which is niat untimely. Phil Batchelor, Clerk cf the Board of Supervisors and County Administrator Deputy Clerk Iaate: 417 i . t 1 JOHN H. MITCHELL . ATTORNEY .AT LAW 2 :2131 'San Pablo Avenue , Pinole, California 94564 DECEIVED r t` 3A415). 724-2855 ` .`.,�..r .;. 4 Aftorney for Claimant PHIL AATCHELOZ 5 LERK BOAiD Oi 5 PERVIS011; GC CO'' gid. Denuty 6 7 8 In the Matter of the Claim of ) 9 GREGORY LYNN FIELDS, ) Claimant, ) 10 vs. ) 11 COUNTY OF CONTRA COSTA„ ) STATE OF CALIFORNIA ) 12 13 JOHN H. MITCHELL on behalf of GREGORY LYNN FIELDS presents thi 14 claim to the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, pursuan 15 to Section 910 of the California Government Code. 16 The name and post-office address of GREGORY LYNN FIELDS is as 17 follows : 634 Fern Avenue, Pinole, California 94564. 18 The' post-office address to which JOHN H. MITCHELL .desires 19 notice of this claim to be sent is as follows: 2131 San Pablo 20 Avenue, Pinole, California 94564. 21 On December 14 , 1984, at Richmond, California, claimant received 22 personal injuries under the following circumstances: At approxi- 23 mately 9: 00 P.M. on said date, claimant was arrested by Officers 24 '«.of;.-the Richmond Police Department at the home of a friend 0f clai - 25 ants._:',_ Said officers making the arrest under the authorityf of°-a 26 berich 'warrant which had been erroneously and negligently issued 27 by the Municipal Court of the Bay Judicial District, County of 28 Contra Costa, State of California, under docket number 840290-1 . -1- i i 1 The bench warrant had been presented to the judge for signature 2 -- and signed by the judge essentially because claimant had not. at- 3 tended a Level II Alcohol School for driving while intoxicated. 4 The . court order requiring claimants attendance at said school had 5 been made on May 4 , 1984 however, on July 13, 1984 , the court 6 order had been modified by deleting the requirement that claimant 7 attend said program. Subsequently a bench warrant was issued by 8 the court which resulted in the arrest of claimant by the Richmon 9 Police Denartment on December 14 , 1984 at approximately 9:00 PM. 10 Claimant was thereafter transported to the Contra Costa County 11 ,Jail in Martinez, California, and held in custody until approxi- 12 mately 1 :00 PM on December 15, 1984 at which time claimant was re 13 leased from custody, after having been falsely imprisoned as a 14 result of the negligence and wrongful act of the employees of the 15 Bay Judicial Court. 16 Claimant was injured by receiving severe shock to his mental 17 state, beina disgraced by arrest and suffering the embarrassment 18 and humiliation of being taken into custody and thereafter having 19 said act become known to his relatives and friends. 20 So far as it is known to JOHN H. MITCHELL,at the date of -filing 21 this claim GREGORY LYNN .FIELDS has incurred damages in the amount 22 of Thirty Five Thousand ($35 ,000. ) Dollars due to the following 23 injuries: Mental shock suffered. by him, disgrace, embarrassment 24 `;arid humiliation of being arrested without lawful cause. 25 JOHN H. MITCHELL, on behalf of GREGORY LYNN FIELDS, sta'tes... 26 '."the erroneous and wrongful issuance of the bench warrant was cause 27 by the following public employees: 28 BESSIE P . DREIBELBIS, Judge of the Bay Municipal Court;, -2- - i 1 ROBERT K. GORDON, Clerk and Administrator of .said Municipal 2 'Court;, 3 `CAMIE KUT�KE, Court Clerk in Department 3 of said Municipal 4 '.Court 5 At the time of presentation of this claim, GREGORY LYNN FIELDS 6 claims damages in the amount of Thirty Five Thousand ($35 ,000. ) 7 Dollars computed on the basis of the following: The shock to his 8 nervous system and the disgrace, embarrassment and humiliation 9 suffered by him as a result of his family and friends becoming 10 aware of his unlawful arrest. 11 DATED. March 21 , 1985 12 JOFA H. MITCHELL 13 Attorney for Claimant 14 15 16 17 18 19 20 21 22 23 24 r: 25 26 27 28 -3- a s PROOF OF SERVICE BY MAIL 2 3 I am a citizen of the United States and a resident of the 4 County of Contra Costa, State of California. I am over the age 5 of eighteen years and not a party to the within action; my busi- 6 ness address is 2131 San Pablo Avenue, Pinole, California 94564. 7 On March 21 „ 1985 , I served the within 8 CLAIM AGAINST PUBLIC ENTITY 9 on the COUNTY OF CONTRA COSTA in said action 10 by placing a true copy thereof in a sealed envelope with first 11 class postage thereon fully prepaid in the United States Postal 12 Service mail box at Pinole, California, addressed as follows:, 13 COUNTY OF CONTRA COSTA 14 BOARD OF SUPERVISORS P.O. Box 911 15 Martinez, CA 94553 16 17 18 I certify (or declare) under penalty of perjury under the lavs 19 of the State of California that the foregoing is true and correct. 20 Executed on March 21 , 1935 at Pinole, California. 21 22 1 23 M. L. Pene 24 25 f 26 27 28 AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 30, 1985 governed by the Board of Supervisors, ) The copy oft s 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: Vickie Renoude COiirlty Opounsel Attorney: Calvin A. Knickerbocker, Esq. NPR 10 1985 22693 Hesperian Blvd. Suite 250 Address: Hayward, California 94541 Martinez, CA 94553 From County Counsel Amount: $30, 000.00 By delivery to clerk on April 9, 1985 Date Received: April 9, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 10, 19 I Dated: p SIL BATCHELOR, Clerk, By L Deputy Ann C 0 ervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X) 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: y By: Deputy County Counsel NJ 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 ORDER GJy unanimous vote of Supervisors present v�- t>-_J This claim�is rejected in full. ( ) Other: I certify that this is a true and correct cop of the Board's Order entered in its minutes for this date. Dated: �}�h 5l� PHIL BATCHELOR, Clerk, By O �. , Deputy Clerk WARNING (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 945.15. You may seek the advice of an attorney of your choice in connection with this matter. If you grant to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: I;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 leaveto resent a late claim was mailed to claimant. DATED: �}_�p-B PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) rr_ATM CLAIM AGAINST COUNTY OF CONTRA COSTA 1; CLAIlIANT"S NAME (print) V=Z. EMQTTBF� 2. CLAIMANT'S ADDRESS: 1301 Brookside Drive` SAn Pablo. CA 94806 (address) (City) (State) (Zip Code) 3. AMOUNT OF CLAIMS 30, 000. 00 4. ADDRESS TO WHICII NOTICES ARE TO BE SENT, IF DIFFERENT FROM LINES 1 and 2: (print) CALVIN A. KNICKERBOCKER, ESQ. (Name) 22693 Hesperian Blvd Suite 250 (Street .or P.O. Box Number) Hayward, CA 94541 _ (City) (State) (Zip Code) 5. DATE OF ACCIDENT/LOSS: 2/16/85 6. LOCATION OF ACCIDENT/LOSS: Martinez County Hospita R ECL IVE-D � C SOAkn O.SUPC4Yt. ., .CCI.:�.•.- :..:.CL. 7. HOW DID ACCIDENT/LOSS OCCUR: Medical care, surger ' services improperly performed. B. Di:SCRli:E INJUKY/D,%JLAGE/LOS S: improper setting and treatment _nf_ it- wrist, arm and elbow necessitating a second surgery_ 9. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY/DAKA.GE/LOSS, IF KNOVN: staff of — Martinez County Hospital and -n=- :;a L 10. 1TEMIZATION OF CLAIM (list items totalling amount set forth above) : Medical $ 6199. 99 _ General damaciee_s $ 25, n00_ nn S S T AL S 30 000 0 �_. /'57- 11 : ti1►plcd by fitop h`halt of claimant . CALVIN A. KNICKERBOCKER, Attorney at Law 1:. . Dated: March :�7 1985 22693 Resperium Voultuarl to (offices Of Suite 250hone Wavivarb, California 94541 Ullin '�Knitkerbarkcr (415) 786-2660 April 3, 1985 County Counsel Victor J. Westman aPR R 1985 County Counsel County of Contra CostaCA 94553 County Administration Bldg Martinet, P.O. Box 69 Martinez CA 94553 Re: Claim of Vicki Renoude Dear Sir: I received your notice of non-acceptance of claim. It appears that the dates of injury and subsequent surgery are unclear thereon. Without discussing that issue, I file for your consideration a supplementary claim against the County Of Contra Costa. Please note that Attachment "A" thereto has been addended. !. Yours e truly, CALV KNICKERBOCKER CAK: je Enclosure CERTIFIED MAIL- RETURN RECEIPT REQUESTED CLAIM AGAINST COUNTY OF CONTRA COSTA 1. CIo.1IMANT"S NAME (print) Vj,=E-_MnimF 2. CLAIMANT'S ADDRESS: 1301 Brookside Drives SA Pahlo, CA 94$06 (address) (City) (State) (Zip Code) 3. AMOUt:T OF CLAIM $ 30, 000.00 4. ADDRESS 10 1411ICII NOTICES ARE TO BE SENT, IF DIFFERENT FROM LINES 1 and 2: ('print) CALVIN A. KNICKERBOCKER, ESO. (Name) 22593 Hesperian Blvd Suite 250 (Street or P.O. Box Number) Hayward, CA 94541 (City) (State) (Zip Code) S, PATE OF ACCIDENT/LOSS: 2/16/85 6. LOCATION OF ACCIDENT/LOSS: Martinez County Hospital 7, HOW DID ACCIDENT/LOSS OCCUR: Medical care surgery an rp-lat—ed services improperlyperformed * q@E' Add nrjilm 16A�!' att;%che � hArA -4 and incorporated herein by reference. �+. U1:SC!tli!1: INJUKY/DAPL-NU LOSS: imr)roper setti� and enrnit wrist, arm and elbow necessitatlnQ a segond' sim,'�'!'y OF PUBLIC EMPLOYEE(S) CAUSIIX INJURY/DAALA.GE/LOSS, IF 1CN01•'::: �taf of IU. !TI:MIZM7•ION OF CLAIM (11st items totalling amount set forth above): Medical $ General damages S ?S .AIL _ __ 5 T . AL S_30,000 Q or on huhall of taaimant . fes_ — CALVIN KNICKERBOCKER, Attorney at Law Addendum "A" On February 16, 1985, VICKIE RENOUDE suffered injuries to her -left wrist, arm and elbow, and was admitted to and treated for same by 14ARTINEZ COUNTY HOSPITAL and staff physician therein, DR. CASEBOLT. During the course of DR. CASEBOLT'S treatment, he did set the fracture sustained by MS. RENOUDE and did perform surgery thereon. MS. RENOUDE continued to suffer substantial pain and discomfort therein and did seek .further medical attention which included, due to her increased pain, the performance of a second surgery on her ].eft upper extremity. The second surgery above-described, was performed at MARTINEZ COUNTY HOSPITAL, and during the course thereof, it was determined that the original setting of MS . RENOUDE left upper extremity and the original surgery thereon had been improperly performed, thus requiring the remedial action above-described on February 25, 1985 . 1 (PZOOF OF SERVICE BY MkM - 1013a, 2015.5 C.C.P.) 2 3 4 5 6 I am employed in the County of Alameda; I' am over the age of eighteen years and 7 not a party to the within entitled action; my business address 22693 Hesperian 8 Boulevard, Suite 250, Hayward, California 94541. 9 On April 198_115-, I served the within CT,A.I _P(;A TNST 10 COUNTY OF CONTRA COSTA, and ;AnDE,NT)TI"A'' on 11 the interested parties in said action, by placing a true copy thereof enclosed 12 in a sealed envelope with postage thereon fully prepaid, in the United States 13 mail at Hayward, California addressed as follows: 14 Vi,Gtor J. Westman County Counsel �5 County of Contra Costa County Administration Building 16 P.O. Box 69 17 Martinez CA 94553 18 19 20 21 22 23 I declare under penalty of perjury that the foregoing is true and correct. 24 Executed on Apri 119 8 5 at Hayward, California. 25 26 CALVIN A. KNiCKERB_OCKER Type or Print Name Uignature AMENDED T CLAIM BOARD OF SUMVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against. the County, or District ,) NOTICE TO CLAIMANT April 30, 1985 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. All Section references are ;) Board of Supervisors (Paragraph IV, below), to California Government Codes ;1 given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Bart Hurd, Rene Hurd and Amalia Hurd County Counsel Attorney: Fredric L. Webster APR 0 9 1985 3846 Railroad Avenue Address: Pittsburg, CA 94565 Martinez, CA 94553 Amount: $2, 000, 000.00 By delivery to clerk on Date Received: April 8, 1985 By mail, postmarked on April 5, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: April 8, 1985 PHIL BATCHELOR,, Clerk, By CL0opa , Deputy Ann erve i 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 Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDERGJy unanimous vote of Supervisors present ( This clai�Ais rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: lac) S' PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (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 T0: (1) County Counsel, (,)_GA trat 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 toesent a late claim was mailed to claimant. DATED: 4- (�.g� PHIL BATCHELOR, Clerk, By CO , Deputy Clerk cc: County Administrator (2) County Counsel (1) r CLAIM RE %5 LE21'onp.�ilii ''pccf. by •a.u' GMuN CLAIM AGAINST THE COUNTY OF CONTRA COSTA -BART HURD, RENE HURD., his wife, and AMALIA HURD, present this, their claim for damages against the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, for special expenses and general damages in the sum of $1,000,000 .00 for BART HURD, and $500,000 .00 each for RENE HURD and AMALIA HURD. CLAIMANT'S ADDRESS: 77 Delta Drive, W. Pittsburg, CA 94565 DATE OF OCCURRENCE : January 2, 1985 PLACE OF OCCURRENCE: State Route 1 (south bound) 528 feet south of mile post 1 - MON - 9800. SAID CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES: Contra Costa County placed WADE G. HURD, son of BART HURD, step-son of RENE HURD and grandson of AMALIA HURD, in the McDowell Group Home. Said County failed and neglected to properly supervise the placement and determine whether said group home was a fit and proper place for WADE G. HURD. While in the care of said group home WADE G. HURD was struck by a truck and died. ITEMS, NATURE AND EXTENT OF DAMAGES : 1. Special damages incurred. 2. General damages in the sum of $1 ,000. 000. 00 for BART HURD, $500,000 .00 for RENE HURD and $500,000.00 for AMALIA HURD. DATED March a� , 1985 �> BART HURD RENE HURD AMALIA HURD FREDRIC L. WEBSTER Attorney at Law 3846 Railroad Avenue Pittsburg, CA 94565 Telephone: 415/439-9181 Attorney for Claimants AMENDMENT TO CLAIM AGAINST THE COUNTY OF CONTRA COSTA Claimants, BART HUED, RENE HURD and AMALIA HURD, have previously filed a claim; a copy of said claim is attached and marked herein as Exhibit "A" . Claimants hereby amend said claim as follows : The post office address to which the person presenting the claim desires notices to be sent is : FREDRIC L. WEBSTER Attorney at Law 3846 Railroad Avenue Pittsburg, Ca 94565 DATED: April 4, 1985 Q MtDRIC L. WEBSTER Attorney for Claimant CE IN'iiD II; )4.�• rHIL EAT'7HELOR �jr(t1 A'I gy . i EC C:ERK CLAIM AGAINST THE COUNTY OF CONTRA COSTA BART HURD, RENE HURD, his wife, and AMALIA HURD, present this, their claim for damages against the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, for special expenses and general damages in the sum of $1, 000,000 . 00 for BART HURD, and $500,000 .00 each for RENE HURD and AMALIA HURD. CLAIMANT' S ADDRESS : 77 Delta Drive, W. Pittsburg, CA 94565 DATE OF OCCURRENCE : January 2, 1985 PLACE OF OCCURRENCE: State Route 1 (south bound) 528 feet south of mile post 1 - MON - 9800. SAID CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES: Contra Costa County placed WADE G. HURD, son of BART HURD, step-son of RENE HURD and grandson of AMALIA HURD, in the McDowell Group Home. Said County failed and neglected to properly supervise the placement and determine whether said group home was a fit and proper place for WADE G. HURD. While in the care of said group home WADE G. HURD was struck by a truck and died. ITEMS, NATURE AND EXTENT OF DAMAGES : 1. Special damages incurred. 2. General damages in the sum of $1 , 000. 000. 00 for BART HURD, $500,000 . 00 for RENE HURD and $500,000 . 00 for AMALIA HURD. DATED: March ag , 1985 BART HURD i RENE' HURD AMALIA HURD FREDRIC L. WEBSTER Attorney at Law 3846 Railroad Avenue Pittsburg, CA 94565 Telephone: 415/439-9181 Attorney for Claimants �X 191T 11 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT April 30, 1985 governed by the Board of Supervisors, ) The copy oft s 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: Steven Canha County Counsel Attorney: Law Offices of Murphy & Hallen APR 01 1985 1995 Bonifaco Address: Concord, CA 94520 Martinez, CA 94553 H� d delvered Amount: $100,000. 00 By a lvery o clerk on March 29, 1985 Date Received: March 29, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: March 29, 1985PHIL BATCHELOR, Clerk, By CLDeputy k-Ury U 111 II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (4) 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: 4 a - 4r; By: 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 ORDER By unanimous vote of Supervisors present C>4 This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of theBoard's Order entered in its minutes for this date. Dated: 4 PHIL BATCHELOR, Klerk, By. , Deputy Clerk WARNING (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 1 e to esent a late claim was mailed to claimant. DATED: y-,3��_ PHIL BATCHEi,OR, Clerk, By °J -, Deputy Clerk cc: County Administrator (2) County Counsel (1) rr ATM CIA EM TO: BOARD OF SUPERVISORS OF CONTRA 01STA COUNTY Instructions _o Claiman-;: A. Claims relating to causes of action for death o-! for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual (if the cause of action. Claims relating to any other cause of ;!ction must be presented not later than one year after the acc •ual 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 -Administratio,t 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 :toard of Supervisors, rather than the County, the name of the Distric . should be filled in. D. If the claim is against more than one public en :ty, separate, claims must be filed against each public entity. E. • Fraud: See penalty for fraudulent claims, Pena . Code Sec. 72 at' end of this form. RE: Claim by )Reser eo fo • C1 rk' s f3,1 ing stamps STEVEN CANHA ) ., Against the COUNTY OF CONTRA COSTA) FFM BATC!CLOQ or DISTRICT) ERK B PY!?fid L''I1 Fill in name ) .... O Ge!nu The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $100, 000.00 and..in .support of this claim represents as follows: . 1. When did the damage or injuiry occur? (Give exact date and hour] December 21, 1984 at 1:45 p.m. W�iere �i� t5e damage or 1n3ury occuy) Unincorporated area, Walnut/ Creek Judicial District, Contra Costa County - on Camino Tassajara Rd. (West Bound) 3. flow did the damage or injury occur? (Giveul� details, use extra sheets if required) Vehicle accident - driving on winding road, vehicle hit power pole. Accident contributed to by the failure of the County to have no pass striping'on the road at dangerous curve. (For further information see Calif. Highway Patrol report #12-291) 4 . What particular act or omsson on the part of county or dist-rice officers, servants or employees caused the injury or damage? The driver imprudently passed on a curve where there were no markings that passing was prohibited or dangerous. 5. What are the names of county or district officers, servants or employees causing the damage or injury? Unknown -------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Back injuries, internal injuries, renal contusion, psyche damage 7. ----Hoow--was------the----amount----------claimed-------above---computed?---------------(Include-----the e-------stimated-------- • amount of any prospective injury or damage. ) Reasonable estimate ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Please refer to Calif. Highway Patrol report no. 12-291 9. .List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Third party expenditure to date approx. $5,000. 00 Govt. Code ec. 910.2 provides: "The igned by the claimant SEND NOTICES TO: (Attorney) or s persqh o ' s behalf. " J Name and Address of Attorney CI�hG� LAW OFFICES OF MURPHY & HALLEN aiman s Signature 1995 Bonifacio 240f Applegarth Lane Concord, CA 94520 Address Antioch, CA 94509 Telephone No. ( 415) 671-2280 u_ Telephone No. (415) 754-9542 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 : fvlony. " CLAIM M % BOARD OF SUPERVISORS 01F CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE 70 CLAIMANT April 30, 1985 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. 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: Phyllis. Brewer, as Guardian Ad Litem for David M. Brewer County Counse? Attorney: ' John F. Prentice, Esq. (JAR 2 9 1985 Stephen Bruce Bley, Inc. Address: 220 Montgomery Street Suite 300 Martinez, CA'94558 San Francisco, CA 94104 Hand delivered Amount: By delivery to clerk on March 27, 1985 $1,000, 000.00 Date Received: - March 27, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: March 28, 19 8 5PHIL BATCHELOR,, Clerk, Bya Deputy Cerye 1 II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( X) 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: '3-;7ca 'S By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) ounty Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (� This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy f th Board's Order entered in its minutes for this date. Dated: -gam PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (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 copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for lea to esent a ate claim was mailed to claimant. DATED: y-�0- PHIL BATCHELOR, Clerk, By °V , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM s r 1955 PMIL BAMIELOR CLERK BO RI)Oi SUP AW.C.0ra CLAIM AGAINST THEe « ' coy U 16 COUNTY OF CONTRA COSTA AND THE CITY OF EL CERRITO Government Code Sections 910 to 911.2 re- quires that all claims must be presented to the Controller within 100 days from date of accident. CLAIMANT'S NAME: Phyllis Brewer, as Guardian Ad Liten :For David M. Brewer AMOUNT OF CLAIM: $ 1,000, 000.00 CLAIMANT'S ADDRESS: 6730 Gladys Street El Cerrito, CA 94530 PHONE: 232-5856 . ADDRESS TO WHICH NOTICES; ARE TO BE SENT: JOHN F. PRENTICE, ESQ. STEPHEN BRUCE BLEY, INC. ATTORNEY AT LAW 220 Montgomery Street, Suite 300 San Francisco, California 94104 Phone: (415) 982-7311 DATE OF ACCIDENT: 2/8/85 LOCATION OF ACCIDENT: Richmond Street, E1 Cerrito, CA in the home of Detective Daniel R. Bell HOW DID ACCIDENT OCCUR: Claimant, David M. Brewer, was invited into the home of Detective Daniel R. Bell. Brewer is a minor and was equipped with a tape recorder that he wore at the request of law enforcement officers. Once inside Bell's home, sexual advances and sexual contact was made towards Brewer by Detective Bell. DESCRIBE INJURY OR DAMAGE: Psychological injuries as a result of homosexual advances and sexual contact made by Detective Bell toward David M. 'Brewer, a minor. NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE, IF 3KNOWN: Detective Daniel R. Bell, the Police Department of El Cerrito and the County of Contra Costa. ITEMIZATION OF CLAIM: (List items totaling amount set forth above. ) General Damages $ Appx. $750,000.00 Special Damages $ Appx. $250,000.00 Other Damages $ Unknown at this time TOTAL $ Appx. $1 000 0.00 Signed by or on behalf of Claimant: �? JOW F. PREN ICE, ESQ. A orney for Claimant NOTE: CLAIM FORM MUST BE FILED IN DUPLICATE BOTH COPIES MUST BE SIGNED D:JFP\bzwrltr.01 t7 a" BOARD OF SUPERVISORS OF' CONTRA COSTA COUNT!, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE 10 CLAIMANT April 30, 1985 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. 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 "WarriWy.Counsei Claimant: Susan Evans Attorney: Robert David baker, Esq. APR 01 1985 Address: Martinet, CA 94553 111 West Saint John St. , Suite 555 San Jose, CA 95113 Hand delivered Amount: unspecified By delivery to clerk on March 29, 1985 Date Received: -March 29, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Apri 1 1, 19 8 5 PHIL BATCHELOR, Clerk, Bye Deputy Ann ITervei.11 II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. ( jc) 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 µ- - ��, By: 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 ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: y- ao � PHIL BATCHELOR, Clerk, By a0,12 Aa Deputy Clerk VARNING (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 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: PHIL BATCHELOR, Clerk, By L Deputy Clerk ee: County Administrator (2) County Counsel (1) CLAIM 1 • CLAIM AGAINST PUBLIC ENTITY (GC: 905, 905.2, 910, 910.2) TO: COUNTY OF CONTRA COSTA: SUSAN EVANS, on her own behalf makes this claim for money damages, at the time unascertained and subject to offer, and alleges the following facts in support of said claim: 1. On March 21, 1984, claimant was arrested pursant to a warrant issued by the Contra Costa County Sherrif£ Department under the name Susan Pierce, however, 'she was not the Susan Pierce sought in the arrest warrant, and was released with an understanding that the warrant would be corrected as to claimant and expunged as to her. 2. On December 21, 1984, claimant was arrested. again on the same warrant and information originating from Contra Costa County. Claimant was rearrested because of the negligent failure to correct the warrant information as regards the claimant. 3. Claimant' s individual damages consisted of loss of time and liberty, emotional damages due to confinemend, employment damages, all in an amount unascertained at this time. 4. The names of the public entities causing the damages to claimant, known to claimant at this time, are: Contra Costa County, Contra Costa County Sherriff Department. All notices shall be sent to: ROBERT DAVID BAKER, ESQ. 111 West Saint John St. , Suite 555 San Jose, CA 95113 g rry (408) 275-1290 3 -7 P. a 7 P qrY,. Dated: March 29, 1985 virgBAT•! ,, !E pn IE • By C `.J!-„t., ROBERT DAVTh BA R, ESQ.