HomeMy WebLinkAboutMINUTES - 05071985 - 1.16 AMENDED
. CLAIM .
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANTMay 7, 1985
governed by the Board of Supervisors, ) The copy of this document mailed to you is your
Routing Endorsements, and Board ) notice of U* 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: Eleanor Jean Mohar, individually and as Guardian for
John Louis Mohar and Sandra Ann Mohar County Counsel
Attorney: . William J. Hooy, RoNLANC
3125 Clayton Road APR 18 1985
Address: Concord, CA 94519
Amount; $500, 040. 00 By delivery to clerk on Martinez, C.P. 94553
Date Recei ved: April 15, 1985 By mail,, postmarked on April 13, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: April 15, 19 8 5 PHIL BATCHELOR, Clerk, By ,�� Deputy
Ann Cervelli o
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
V 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 T0: (1) County Counsel, (2) CIO-Cay Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDERBy unanimous vote of Supervisors present
CP/.,
QQ 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.
JDated: - PHIL BATCHELOR, Clerk, By0 , 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 leave to present a late claim was mailed
to claimant.
DATED: S,- _�,1� PHIL BATCHELOR, Clerk, By V , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CO§;.LkA ysppiication to:
Instructions to ClaimantVerk of the Board
.O.Box 911
M rtinez Catifomia 94353
I A. Claims relating to causes of action for death or �or 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 aaainst each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
off' t—Fiis form.
RE: Claim by )Reserved for Clerk's filing stamps
ELEANOR JEAN MOHAR individuall )
an as Guardian for JOHN LOUIS
MOHAR and SANDRA ANN MOHAR
Against the COUNTY OF CONTRA COSTA)
or —county Hospital DISTRICT)
Fl n name rkIl84M7!iEIOR
ERY,SoA&n Oi
CC
The undersigned claimant hereby makes claim a Contra
Costa or the above-named District in the sum of $ 500, 000
and in support of this claim represents as follows:
�. When did the damage or �n�ury occur? ZGive exact date ani hour]
12/31/84 at approximately 11 :40 a.m.
'�. W�iere �i� the damage or injury occwr? ZInc�ude city bnn' countyi - -
2037 Rockne Drive, Concord, Contra .Costa County, California
3. How did the damage or inuiry occur? (GiveuII-feEgli s, use extra
sheets if required)
WL Death by suicide.
... 4. What particular act or om�ss�on on the part o� county or district
officers. -servants or employees caused the injury or damage?
The decedent was presented for treatment, dogbite and other injuries
in the late evening of December 30, 1984. He had been arrested
following a bizarre series of acts at a time when he was acting very
strangely. He had a prior Welfare and Institutions Code section
(over)
,. 5. Whit are the names of county or district officers, servants or
eMployees causing the damage or injury?
Unknown. We have not been able to obtain the medical records.
�:""wFint 8ama"ge"oi"�n3ui�es"do you"ci"aim sesui"te��"-ZG�ve"�ul�"extent"-"-
of injuries or damages claimed. Attach two estimates for auto
damage)
$500,000 for the wrongful death of Claimant's. decedent.
rl. gow was the amount claimed above computed? Zlnclude the estimate8
amount of any prospective injury or damage. )
By estimate of the value of Claimant 's causes of action.
"---------------••----------------------------------•t- - "-------------
�. Names and addresses of witnesses, doctors and hospitals. .
Concord City Police Officers Weston, Elam, Krull, Johnson, Roloson,
and Chase. We do not know the names or addresses of the Contra Costa
County Hospital witnesses.
�. List the expenditures you made on account of this accident or �n�ury:
DATE ITEM AMOUNT
None to date.
Govt. Code Sec. 910.2 provides.:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or Lby some person on his behalf. "
r ,
Name and Address of Attorney
Law Offices of WILLIAM J. HOOY C a 8Si=nre
3125 Clayton Road S c 40.
Concord, California 94519 ddress
Telephone No. 798-o426 Telephone No. -71
w�*t:��+twR:��*+►�:�wtr**::*�r��:*t�*:::*:*:*�*�tf:w:*�w�+���**«*::�e+�**�t*****�•
NOTICE
Section 72 of the Penal Code provides:
"Every person s►ho, 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."
Cutim TO: BOARD OF SUPERVISORS OF CONTRA C'A;.Lb, ppiication to:
Instructions to ClaimantClerk of the Boa►d
.`
V.O.Box 911
M itineCalifomia94553
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 rause
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
of is form.
•�*�:��MM�*t*�►��**,R**art:�*�r*****�rR��it�t���r�RR*+��r��*�:it�t*�trRt**t*��R�**+tt
RE: Z'IDED
aimby )Reserved for Clerk's filing stamps
ELEANOR JEAN MOHAR, individually )
and as Guar ian for JOHN LOUIS i
���E����-.E�
MOHAR and .SANDRA ANN MOHAR
Against the COUNTY OF CONTRA COSTA) ., r,r
or CountX HospitalDISTRICT) �' m
PHIL B.aT.!4EIM
--IFill in name ) LER
CC C�
Br Dew,
The undersigned claimant hereby makes claim aga ns a of Contra
Costa or the above-named District in the sum of $ 500,000
and in support of this claim represents as follows:
ry occur? ZGive exact date ana-fiourj
12/31/84 at approximately 11:40 a.m.
-------------
�.�"iaFiere aid tie damage or injury occur? Zlnclude city dna county
2037 Rockne Drive, Concord, Contra Costa County, California
3. Bow did the damage or in3ury occur? ZGaveuSI aetaii's, use extra
sheets if required)
Claimant 's, decedent KENNETH GEORGE MOHAR commited suicide. We are
informed and believe that the death resulted from negligent treatment
by Contra Costa County Hospital Health Care Practitioners who had
undertaken his treatment several hours before his death.
1. w�iat pnrt�cular act or om�ss�on on tfie part o� county or aistr�ct
officers, servants or employees caused the injury or damage?
Claimant's decedent KENNETH GEORGE MOHAR was presented for treatment
of dogbite and other injuries in the late evening of December 30, 1984 .
He had been arrested following a bizarre series of acts at a time
when he was acting very strangely. He had a prior Welfare and
Institutions Code section 5150 involuntary commitment, and
No. 4. (continued)
was on lithium medication, but had not taken his medication for
several days. We are informed and believe that the doctors who
treated him failed to obtain a proper history, failed to determine
what medications he was on, and failed to administer drugs which.
were necessary for his care, failed to obtain psychiatric assistance
for him, failed to determine whether he was a person who should
have been involuntarily committed pursuant to Welfare and Institutions
Code section 5150 as a threat to himself or others, or as a person
gravely disabled by mental disorder, and as a result of said
negligence discharged him from the Contra Costa County Medical
Facility in such a mental state that within the 12 hours following
he murdered Stephen Dayton and committed suicide.
•:� 5. •Wha't are the names of county or district officers, servants or
employees causing the damage or injury?
Unknown. We have not been able to obtain the medical records.
�:-'wFiat damage-oi�n3ui�e's'ao you'c�a�m sesulted�"ZG�ve'�uil'extent""
of injuries or damages claimed. Attach two estimates for auto
damage)
$500,000 for the wrongful death of Claimant ' s decedent.
7. Bow was the amount clamed above computed? ZInclude the estimated
amount of any prospective injury or damage. )
By estimate of the value of Claimant 's causes of action.
-------------
�. Names and addresses of witnesses, doctors and hospitals.
Concord City Police Officers Weston, Elam, Krull, Johnson, Roloson,
and Chase. We do not know the names or addresses df the Contra
Costa County Hospital witnesses.
�. List tfie expenditures you made on account of this accident or �n3ury:
DATE ITEM AMOUNT
None to date.
Govt. Code Sec. 910.2 providesl
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some mson on his behalf. "
Name and Address of Attorney
Ale—
Law Offices of WILLIAM J. HOOP C a ant• „
3125 Clayton Road 639 Pine Hollow Road
Concord, California 94519 Address
Concord, California 94521
Telephone No. 798-0426 Telephone No. 672-2358
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."
`t
CERTIFICATE OF SERVICE
BY MAIL
I hereby certify as follows:
I am an active member of the State Bar of California
and am not a party to the above-entitled action. My business
address is 3125 Clayton Road, Concord, California 94519.
AMENDED
I served the attached CLAIM TO BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY
i
by depositing a true copy thereof in the United States Mail in
Concord, California, on April 12, 1985 , enclosed
in a sealed envelope with the postage thereon fully prepaid,
addressed as follows:
CLERK OF THE BOARD
P. 0. Box 911
Martinez, CA 94553
I certify under penalty of perjury under the laws of the
�tat4 �!!3-C�etlit rnie that the foregoing° is`true-and -correct.'*
DATED: April 12 19 ,85,�.
4..r- ,;,., . . 'p5.'. .��..1,`..�.? :1�4'•.YV?�';,. :•�W..K", ..•t.iy..i. .ir. •:"s7�.. .; r,-�.Ic.1':•c; '. . . ... .. ,
- �.�./.t•� �. .-K . i!"(. .�{+'•.1.'j•`J,:rte.. Ls. •I.��/' t �.Ma-� .••,.... ,'•^C.:4vy� ;. '!!.?- ti • 'O: •� .• ••,x.
RON LANE, Esq.
County Counsel
g - ! � 2
BOARD OF SUPERVISORS OF CONTRA COSTA COtIm, CALIFORNIA APR 1 1985
BO
M?. , 1985
Claim Against the County, or District ) NOTICE TO CLAIMANT
governed by the Board of Supervisors, ) The copy of-tId-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 wdarnings".
Claimant: Moon Eng, Ph.D.
Attorney: John Milgate
101 Gregory Lane, Suite 42
Address: Pleasant Hill, CA 94523
Amount: $378, 800.00 By delivery to clerk on
Date Received: April 11, 1985 By mail, postmarked on Unreadable
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim. ��))
Dated: AAr i 1 11, 19 8 OHL BATCHELOR, Clerk, By ., L `' Deputy
n eCae elli
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
00 This claim can lies sub t t 1 v1ith Sections 9 0 and 910.2. c s-X<%- IA—L.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are.
so notifying claimant. Th Board gannot #et for 15 days (Section 910.8).
( Y--) Claim s not timely filed. A Clerk should return claim on ground that it was filed
late and send warning of claimants right to apply for leave to present a late
claim (Section 911.3).
( ) Other: cJQ� ;.�,� �.. cL.6 .mss
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
(><3 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.
( X) Other: Portion of original claiot previously returned as untimely
IS rejected in full.
I certify that this is a true_ and correct copy of the Board's Order entered in its
minutes for this date.
Dated: '.'� _�ti� PHIL BATCHELOR, Clerk, By 01AA&A , 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 Boardfs 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: f�- PHIL BATCHELOR, Clerk, By U 4 Deputy Clerk
oc: County Administrator (2) County Counsel (1)
CLAIM
1 John Milgate RECEIVED
Attorney and Counselor at Law
2 101 Gregory Lane, Suite 42 M.c2, 1985
3 Pleasant Hill , CA 94523
PHIL BATS CO.R
4 Attorney for Moon Eng, Ph.D. , Claimant :ERCaQAPDo�syecVrsc.-�M�'
LBy
`ff`�� �-
5
6
7 Claim of Moon Eng, Ph.D. , )
Claimant )
) CLAIM FOR DAMAGES
8 V. )
) (Gov. C. 9910)
9
Contra Costa County )
10 )
11 To the Board of Supervisors of Contra Costa County:
12 You are hereby notified that Moon Eng, Ph.D. , whose address
13 is 3888 - 23rd Street , San Francisco, California 94114 claims *
14 damages from Contra Costa County and certain of its employees
15 in the amount of $178,800 general and special damages and
16 $200,000 punitive damages, computed as of the date of
17 presentation of this claim.
18 This claim is based on defamation, damage to professional
19 reputation, breach of an implied covenant of good faith and
20 fair dealing, detrimental reliance, wrongful interference with
21 professional relationships , interference with prospective
22 economic advantage, harassment for refusal to commit a crime,
23 infringement of Dr. Eng'.s state and federal constitutional
24 rgh_ts 'of free speech and privacy, intentional infliction of
25 emotional harm, invasion of privacy, oppression,_ fraud, and ,,,.*
26 imposition of sanctions and retaliation in violation of various
27 state and federal laws and regulations, under the following
28 circumstances :
1 Dr. Eng is employed by the County of Contra Costa to
2 provide professional mental health services to patients ,
3 including certain school age children. Dr. Eng's chosen area
4 of-clinical specialization is child psychotherapy. Dr. Eng was
5 assigned to a position requiring interaction with employees of
6 the Board of Education of Contra Costa County.
7 While working in this capacity Dr. Eng became aware of
8 certain practices at a Contra Costa County Board of Education
9 facility which, in the exercise of his professional judgement ,
10 he reported as required by law. The issues involved are
11 matters of great public concern in which reporting is essential
12 to fulfill public policy. Failure to file the report would
13 have constituted a misdemeanor. The County and its employees
14 are aware of the nature and date of the report .
15 Beginning in early-October 1984 and continuing through the
16 present time , employees of Contra Costa County , in their
11 official and unofficial capacities, alone and in concert with
\
18 others, have intentionally and maliciously made and publish'e' d
19 defamatory statements concerning Dr. Eng. These comments have
20 been both oral and written. They have been directed to Dr.
21 Eng' s superiors, co-workers, parents of his patients, employees
22 of the County Board of Education, members of the public
23 involved in "children 's" issues, and others.
24 :- As a result of Dr. Eng's filing the report required by :law
25 (i,.eO,*;*.his refusal to commit a crime) Contra Costa County, grid
26 certain of its Officers and employees, have engaged in a series
27 of harassments against Dr. Eng. Said harassments include, but
28 are not limited to, removing him from the Board of Education -
CLAIM OF MOON ENG, Ph.D. - page 2.
1 CEP assignment , excluding him from meetings regarding his
2 patients, refusing to provide a copy of a favorable "letter of
3 recommendation" prepared by one of his supervisors for
4 submission with an employment application, refusing (without '.
5 good cause) to prepare (or allow preparation of) letters of
6 recommendation regarding Dr. Eng's clinical experience in the
7 County ' s Health Services Department ,- Mental Health Division,
8 denying him increased compensation and status, denying or
9 refusing to grant him a permanent position, prohibiting him
10 from discussing the reasons for• his report (even though others
11 have disclosed the report and have sought to publicly minimize
12 its significance) , and failing to take reasonable steps to end
13 harassment by certain fellow employees.
14 In addition, shortly before Dr. Eng discovered the issues
15 which gave rise to his report he had been offered employment as
16 a Psychologist by another County. The offered job paid more
17 than Dr. Eng is paid by Contra Costa County , and was a
18 "permanent" civil service position. In this context , various
19 management employees of Contra Costa County, in their official
20 capacities and within the scope of their authority , assured Dr.
21 Eng that a provisional "promotional" appointment would be
22 arranged .for him if he would continue in the employ of Contra
23 Costa County. It was Dr. Eng' s understanding that the
24 provisional appointment would be at a pay level roughly equal
25 tii that of the position offered by the other county and that 'it .
26 would`Otobably be, or become, a "permanent" position at the.-"'.'-
27
he.• ' '27 Mental Health Treatment Specialist "C" level. In reliance on
28 the County's assurances Dr. Eng declined the offer from the
CLAIM OF MOON ENG, Ph.D. - page 3.
1 other county. Beginning in November, 1984, additional
2 prospects of permanent status and/or promotion were held out to
3 Dr. .Eng by authorized agents of the County. On or about
4 December 20, 1984 the position "developed for Dr. Eng" was
5 filled by a permanent County employee; the possibility of an
6 alternative appointment was withdrawn on March 26, 1985.
7 These actions were intended to, and have, damaged Dr. Eng,
8 as set forth herein. They also are oppressive, are having a
9 "chilling" effect on Dr. Eng and on other persons in the
10 community and in the County 's employ who suspect public
11 entities of improper or potentially unlawful behavior but fear
12 the consequences of reporting their suspicions, and are a fraud
13 as that term is used in California Civil Code section 3294.
14 These actions have also infringed Dr. Eng' s state and federal
15 constitutional rights to free speech and privacy , damaged his
16 professional reputation, interfered with his professional
i7 relationships, interfered with his prospective economic
i8 advantages, inflicted emotional harm, constitute an invasion of
19 his privacy , breach the implied covenant of good faith and fair
20 dealing inherent in his employment contract with the County ,
21 and constitute retaliation and sanctions in violation of
22 various federal and state laws and regulations.
23 The continuing course of action complained of began in
24 early-.October, 1984 and continues to the date of this claim.' ..
25 As far as Claimant knows, all of the events complained of
26 occurred within the geographic boundaries of Contra Costa
27 County, including but not limited to, acts in the cities of
28 Martinez, Antioch, Pittsburg, Concord, and Pleasant Hill .
CLAIM OF MOON ENG, Ph.D. - page 4.
1 The names of the public employees causing damage to Dr. Eng
2 under the described circumstances are not fully known to
3 claimant, but are believed to include Mark Finucane, M.D. , —
4 Stuart McCullough, Bonnie Granlund, Grant Wyborny, Mary
5 Roy-Pourel, and Kim La Croix.
6 The damages sustained by claimant as a result of the
7 conduct herein described, as far as known, as of the date of
8 presentation of this claim, consist of loss of employment
9 benefits , promotion , permanent status , and wages; loss of
10 professional reputation and standing; loss of professional
11 opportunities; loss of prospective economic advantage; loss of
12 privacy ; and emotional suffering.
13 The amount claimed, as of the date of presentation of this
14 claim, is computed as follows:
15 Damages incurred to date
16 Loss of Earnings. . . . . . . . . . . . . . . . . . . . . . . . .$3,800.
17 General Damages. . . . . . . . . . . . . . . . . . . . . . . .$50,000.
18 Estimated prospective damages as far as known
19 Prospective Loss of Earnings. . . . . . . . . . . .$75,000.
20 Prospective General Damages. . . . . . . . . . . . .$50,000.
21 Punitive damages. . . . . . . . . . . . . . . . . . . . . . . . . .$200,000.
22
23
24 Total amount claimed as of the date
25
:of presentation of this claim. . . . . . . . . . . . .$378,800.
26
27 /
28 /
CLAIM OF MOON ENG. Ph.D. - Dase 5.
1 All notices or other communications with regard to this
2 claim should be sent to claimant , in care of his attorney, as
3 follows:
4
John Milgate
5 Attorney and Counselor at Law
101 Gregory Lane, Suite 42
6 Pleasant Hill , CA 94523
7 Dated: March 29, 1985bJ
9 hn Milgate
10 Attorney for Claimant
11
12
13
14
15
16
17
18
19
20
21
22
23.
24
25
26
27
28
CLAIM OF MOON ENG, Ph.D. - page 6.
1 John Milgate R-ECEIVED
Attorney and Counselor at Law
2 101 Gregory Lane, Suite 42 APi~ Ii, 1935
, Pleasant Hill , CA 94523
Attorneyfor Moon En Ph.D. Claimant �" NIL CATCHRM
[RXS �oGt u?l� ,5C r.3
g
5
6 Claim of Moon Eng, Ph.D. , )
Claimant ) AMENDMENT TO
7 ) CLAIM FOR DAMAGES
V. )
8 ) (Gov. C. 9910.6)
Contra Costa County )
9
10 To the Board of Supervisors of Contra Costa County:
11 Moon Eng, Ph.D. , claimant herein, hereby amends his
12 previously filed Claim For Damages by the addition of the
13 following paragraphs to page 4 of the Claim.
14
"The wrongful acts complained of, and all of
15 them, have been undertaken and performed in the
furtherance of a conspiracy between employees of the
16 Board of Education of Contra Costa County and
employees of Contra Costa County. Acts were taken in
17 both individual and official capacities. The objects
of the conspiracy include, but are not limited to,
18 the protection of the financial interests of the
Board of Education of Contra Costa County and Contra
19 Costa County by defaming, discrediting, removing or
denying employment opportunities, and otherwise
20 causing harm to claimant , as set forth herein, for
his raising issues of great public concern and his
21 filing of a report required by law. Said conspiracy
22 has damaged claimant as set forth herein. "
"In addition, from November, 1984, agents of the
23 County have repeatedly held out to claimant the hope
of corrective action, and promises of action, which
24 were withdrawn on March 26, 1985. "
. 25 Dated: April /D , 1985
26
ohn Milg e
27 Attorney for Claimant
28
f
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. 551012 , 1013a, 2015. 5; Evid. C. 5641) _
RE: Claim For Damages - Moon Eng, Ph.D_ No.
I certify that my office address is 101 Gregory Lane, Suite 42,
Pleasant Hill, CA 94523, and that I am a citizen of the United
States, over 18 years of age, a resident of the County of
Contra Costa, and not a party to the within action;
I served a true copy of the attached
AMENDMENT TO CLAIM FOR DAMAGES
by placing said copy in an envelope(s) addressed as follows:
Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
which place(s) has(have) delivery service by U.S. Mail, which
envelope(s) was(were) then sealed, postage fully prepaid
thereon, and deposited today in the United States Mail at
Pleasant Hill, Contra Costa County, California.
I certify under penalty of perjury that the foregoing is true
and correct .
Dated: April 10, 1985 at Pleasant, Hill , California.
(CERTIFICATE OF SERVICE BY AIL)
A
- , CLAIM
BOARD OF SMVISORS OF (ANTRA COSTA COMM, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE 70 CLAIMANT May 7, 1985
C
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 Vincent Klein
Attorney:
Address; 12 Dolphin Drive
Pittsburg, CA 94505
Amount: $100, 000.00 By delivery to clerk on
Date Received: April 2, 1985 By mail, postmarked on April 1, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
i
Dated: April 2, 1985 PHIL BATCHELOR, Clerk, By a Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
00 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: L{ - 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 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 �,,,w� _°� , 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 leave to present a late claim was mailed
to claimant.
DATED: S--)- 0
&C PHIL BATCHELOR, Clerk, By (1 � , Deputy Clerk
ec: County Administrator (2) County Counsel (1)
CLAIM
j VINCENT KLEIN RECEIVED
12 Dolphin Drive
2 Pittsburg, CA 94505 ►� , < ��r
(415) 427-5113
3 PHIL BAMIROR
;ER BQA".)Oi SUP
UP
In Pro Per s `CIS ` .c '
�. Denvtr
5
6 CLAIM AGAINST A PUBLIC ENTITY
7 In the Matter of the Claim )
of : ) CLAIM FOR DAMAGES
8 )
VINCENT KLEIN, Against THE ) [Govt. Code Section 910 et.seg. ]
9 COUNTY OF CONTRA COSTA, AND )
THE CONTRA COSTA SOCIAL )
10 SERVICES DEPARTMENT. )
11 )
12 1. I, VINCENT KLEIN, the under signed, present this
13 claim for damages.
14 2 . I desire notice relative to this matter to be
15 sent to my following home address:
16 12 Dolphin Drive
Pittsburg, CA 94565
17
18 3 . The date and place of the occurrence that gave
19 rise to this claim are as follows:
20 The detention and foster home placement of claimant ' s
21 three ( 3 ) minor children on December 28 , 1984, and the
22 commencement of Welfare and Institution Code Section 300
23 proceedings on January 3 , 1985 .
24 4 . The circumstances of the occurrences which gave
25 rise to this claim are as follows :
26 On December 28 , 1984 , Contra Costa Protective
27 Services Worker Don Young and Pittsburg Police Officer Gary
28 Nelson, went to the Kings Valley Pre-school which KRISTIN KLEIN,
-1-
VINCENT KLEIN
CLAIM AGAINST A PUBLIC ENTITY Page 2
1 claimant ' s minor daughter attended. Based on statements of
2 the pre-school staff, claimant' s three ( 3 ) minor children
3 were taken into custody and placed in a foster home without
4 the notification of or concurrence of claimant.
5 On January 3 , 1985 , dependency proceedings were
6 instigated against claimant and claimant ' s wife, APRIL KLEIN,
7 based on false allegations of the sexual abuse of claimant' s
8 three ( 3 ) minor children by claimant.
9 5 . A general description of claimant' s injuries,
10 damages and losses incurred so far as is now known are as
11 follows :
12 False arrest, defamation of character, intentional
13 and negligent infliction of mental distress, loss of business,
14 and loss of consortium.
15 6 . If known, the names of the public employees
16 causing said injuries, damages and losses are:
17 Don Young, Diane Mordecai amd other employees of
18 the Contra Costa Social Services Department.
19 7 . The amount claimed as of the date of presentation
20 of this claim consists of general damages and special damages
21 relative to claimant ' s injuries in amounts unknown at this
22 time but in the aggregate not less than $100,000. 00 and
23 exceeding the jurisdiction of the Municipal Court of the State
24 - of California. Claimant reserves the right to insert said
25 amounts when the same are ascertained.
26 Dated: ' April �_, 1985.
27
28y✓i�a;� /� , ,
VINCENT KLEIN - Claimant
-2-
_4,
CLAIM
! BOARD OF SUPERVISORS OF CONTRA COSTA CO rr, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT May 7, 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 refws are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all wMarnings".
Claimant:kristirn Klein, Kelly Kelin and Taryn Klein
Attorney:c/o Vincent Klein
Address: 12 Dolphin--Drive
Pittsburg, CA 94565
Amount: $300,000. 00 By delivery to clerk on
Date Received: April 2, 1985 By mail, postmarked on April 1. 1985
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated: April 2, 1985 PHIL BATCHELOR, Clerk, By AU^O I AAU ' Deputy
Oin 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.
( ) 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 By unanimous vote of Supervisors present
•b6 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 forthis date.
Dated: - r PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to oertain exceptions, you have only six (6)•months from the date of this
notice was.peraonally 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: 5.I -Kms- PHIL BATCHELOR, Clerk, By � , Deputy Clerk
ce: County Administrator (2) County Counsel (1)
hhh, CLAIM
,t
r'
j KRISTIN KLEIN
KELLY KELIN and. R�CEIVij
2 TARYN KLEIN
c/o VINCENT KLEIN
3 12 Dolphin Drive App ,"; 1985
Pittsburg, CA 94565
PMIBATCHEt04
4 ( 415 ) 427-5113
CLERK BOAM Oi
gy L1eov
5 In Pro Per
6 CLAIM AGAINST A PUBLIC ENTITY
7 In the Matter of the Claim )
of : )
8 ) CLAIM FOR DAMAGES
KRISTIN, KELLY and TARYN )
9 KLEIN, Against THE COUNTY OF ) [Govt. Code Section 910 et. seq. ]
CONTRA COSTA, AND THE CONTRA )
10 COSTA SOCIAL SERVICES )
DEPARTMENT. )
11 )
12 1 . On behalf of my three ( 3 ) minor children,
13 KRISTIN KLEIN age 4 ; KELLY KLEIN age 3 ; and TARYN KLEIN age
14 2 ; I, VINCENT KLEIN, the undersigned, present this claim for
15 damages .
16 2 . I desire notice relative to this matter to be
17 sent to my following home address:
18 12 Dolphin Drive
Pittsburg, CA 94565
19
20 3 . The date and place of the occurrence that gave
21 rise to this claim are as follows:
22 The detention and continued out of the home placement
23 of KRISTIN KLEIN, KELLY KLEIN and TARYN KLEIN, from
24 December 28 , 1984 to the present, and the commencement of
25 Welfare and Institution Code Section 300 proceedings on
26 January 3 , 1985.
27 4 . The circumstances of the occurrences which gave
28 rise to these claims are as follows:
-1-
KRISTIN, KELLY and TARYN KLEIN/by VINCENT KLEIN
4 CLAIM AGAINST A PUBLIC ENTITY Page 2
1 On December 28 , 1984 , Pittsburg Police Officer Gary
2 Nelson and Contra Costa Protective Services Worker Don young
3 went to the Kings Valley Pre-school in Concord, where KRISTIN
4 KLEIN, was a pupil. Based on statements of the pre-school
5 staff, claimant ' s KRISTIN KLEIN, KELLY KLEIN, and TARYN KLEIN,
6 were taken into custody and placed in a foster home without the
7 prior notification of or concurrence of their parents.
8 On January 3 , 1985, dependency proceedings in the
9 name of the claimant' s were instituted based on false allegations
10 of sexual abuse of claimant' s by VINCENT KLEIN.
11 5 . A general description of claimant' s injuries,
12 damages and losses incurred as far as is now known are as
13 follows :
14 Illegal detention, false imprisonment, intentional
15 and negligent infliction of mental distress.
16 6. If known, the names of the public employees
17 causing said injuries, damages and losses are:
18 Don Young, Diane Mordecai and other employees of
19 the Contra Costa Social Services Department.
20 7 . The amount claimed as of the date of presentation
21 of these claims consists of general damages and special damages
22 relative to claimant ' s injuries in amounts unknown at this time
23 but in the aggregate not less than $100, 000.00 in the case of
24 each claimant and exceeding the jurisdiction of the Municipal
25 Court of the State of California. Claimant' s reserve the right
26 to insert said amounts when the same are ascertained.
27 Dated : April 1985 .
Yhct� 4-
28 VINCENT KLEIN on behalf of
KRISTIN, KELLY & TARYN KLEIN
-2-
r.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT May 7, 1985
governed by the Board of Supervisors, ) The copy o s document iff3ed 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 wWarnings".
Claimant: April Klein
Attorney:
Address: 12 Dolphin Drive
Pittsburg, CA 94565
Amount: $1000, 000. 00 By delivery to clerk on
Date Received: April 2, 1985 By mail, postmarked on Ap r i 1 1, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
l
Dated: April 2, 198-'PHIL BATCHELOR, Clerk, By Deputy
nn Cerve li
II. FROM: County Counsel 70: Clerk of the Board of Supervisors
(Check only one)
( K) 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- q; 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: - PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNM (Gov. Code Section 913)
Subject to certain exceptions, you have only six.(6)•months frcm 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 claimantts right to apply for 1 ve to present a late claim was mailed
to claimant.
DATED:� PHIL BATCHELOR, Clerk, By d , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
1 APRIL KLEIN RECEIVED
12 Dolphin Drive
2 Pittsburg, CA 94565
(415 ) 427-5113 APRA 4` � �,
�3'S.'
3 PHIL BAMIELM
LERK BOUT)Oi SU°L't•
4 In Pro Per B
5
6 CLAIM AGAINST A PUBLIC ENTITY
7 In the Matter of the Claim )
of : )
8 )
APRIL KLEIN, Against THE ) CLAIM FOR DAMAGES
9 COUNTY OF CONTRA COSTA, and )
THE CONTRA COSTA SOCIAL ) [Govt. Code Section 910 et. seq. ]
10 SERVICES DEPARTMENT. )
11 >
12 1. I, APRIL KELIN, the undersigned, present this
13 claim for damages.
14 2 . I desire notice relative to this matter to be
15 sent to my following home address :
16 12 Dolphin Drive
Pittsburg, CA 94565
17
18 3 . The date and place of the occurrence that gave
19 rise to this claim are as follows :
20 The detention and foster home placement of claimant' s'
21 three (3 ) minor children on December 28 , 1984 , and the
22 commencement of Welfare and Institution Code Section 300
23 proceedings on January 3 , 1985 .
24 4 . The circumstances of the occurrence which
25 gave rise to this claim are:
26 On December 28 , 1984 , Contra Costa Protective
27 Services Worker Don Young and Pittsburg Police Officer Gary
28 Nelson, went to Kings Valley Pre-school which KRISTIN KLEIN,
-1-
APRIL KLEIN
CLAIM AGAINST A PUBLIC ENTITY Page 2
1 claimant' s minor daughter attended. Based on statements of
2 the pre-school staff , claimant' s three ( 3 ) minor children
3 were taken into custody and placed in a foster home without
4 the notification of or concurrence of claimant.
5 On January 3 , 1985, dependency proceedings were
6 instigated against claimant and claimant ' s husband, VINCENT
7 KLEIN, based on false allegations of the sexual abuse of
8 claimant' s three ( 3 ) minor children by claimant' s husband
9 and the false accusation of culpable negligence in relation
10 thereto on the part of claimant.
11 5 . A general discription of claimant' s injuries,
12 damages and losses incurred so far as is now known are as
13 follows :
14 Defamation of character, intentional and negligent
15 infliction of mental distress, loss of income and loss of
16 consortium.
17 6 . If known, the names of the public employees
18 causing said injuries and damages and losses are:
19 Don Young, Diane Mordecai and other employees of
20 the Contra Costa Social Services Department.
21 7 . The amount claimed as of the date of presentation
22 of this claim consists of general damages and special damages
23 relative to claimant ' s injuries in amounts unknown at this
24 time but in the aggregate not less than $100,000.00 and
25 exceeding the jurisdiction of the Municipal Court of the State
26 of California. Claimant reserves the right to insert said
27 amounts when the same are ascertained.
28 Dated : April __L_, 1985.
APRIL KLEIN - Clhimant
T.2.
CLAIM
BOARD OF SUPERVISORS OF CON'PRA =A COMM, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO SANT May 7, 1985
governed by the Hoard of Supervisors, ) The copy of s document mailed to you is your
Routing Endorsements, an« 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 aWarnings".
Claimant:Bob Lee. Saylor
Attorney:
Address: 3328 Garvin Avenue
Richmond, CA 94805 By delivery to clerk on
Amount: Unspecified
Date Received: April 2, 1985 By mail, postmarked on April 10 19 A 5 (pPk a n i)
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Apr i 1 2, 19 8 5 PHIL BATCHELOR, Clerk, By 0 0 IA&4 '' 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.
(*K ) 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: `h-- 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 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 oourt 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 present a late claim was mailed
to claimant.
DATED: PHIL BATCHELOR, Clerk, By , Deputy Clerk
Qq: County Administrator (2) County Counsel (1)
CLAIM
d
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 accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez., CA 94553 (or mail to P.O. Box 911, Martinez, _CA)
C. If claim is against a district governed -by the Board of Supervisors ,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, 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
.J
Y .A i
RECEIVED
Against the COUNTY OF CONTRA COSTA) App, A, 1985
or DISTRICT) - . PHIL BATC!IEIOR
F111 In name) ) IERK BO . of SUP[ ISCK;
The undersigned claimant hereby• raakes 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:
-----------=-------------------------------ve ev--- ---- �o------- ,��5
1. When-,,d�i)d the, damage or ,injury cur? (Give exact te• nd hour)
Pon#���V l f�
-----1 -- -- �- ? � ---- -- - ----------;--_-
2. Where did the damage or injury occur? Anclude cit and 'county
��/yTL-� C'Gti�s%. 17��/UiJFi 1-0r pti: 519N J-d t3LO /4v4l/1 CEiJT T'- Se iJ,49cFACIU /N r2oJrv �/L/ UP L-X �o5ccBN 5"4- azo /}UF A�+J ,ARrC.c�L i9 verNu6 .
` .
3. ow did the damage or injury occur? Give full details use extra
sheets if required)
4. Vt particular act 'omission on the part of �Ou;"
or distri 92
officers , servants or employees caused the injury or damage?
(over)
'S. What are the names of county or district- officers , servants or
• ' employees causing the damage or injury?
i �
6. hat^damaourdo"you aim r (Give f 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 Trade on account of this accident or -injury:
DATE ITEM AMOUNT
Govt. Code Sec. 910:2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some erson on Iiis behalf. "
Name and Address of Attorney
Cla t s� ignature
dress
/ep a
Telephone No. ' ' Telephone No.4 --
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. "
`" CLAIM
r BOARD OF SUPERVISORS OF CONTRA COSTA MUM CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLUMANT blay 7, 1985
governed by the Board of Supervisors, ) The copy of-t_U_9 &&zmt 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 Goverrment Code Section 913
and 915.4. Please note all wWarnings".
Claimant: Gregory Pekani
Attorney:
Address: 16401 San -Pablo Avenue, Sp. 130
Amount: uSan Pablo, CA 94806 By delivery to clerk on
nspecified
Date Received: Ap r i 1 2, 1985 By mail, postmarked on April 1, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is .a copy of the above-noted claim.
Dated: April 2, 1985 PHIL BATCHELOR, Clerk, By Deputy
n erPetri I i
II. FROM: County Counsel 70: Clerk of the Board of Supervisors
(Check only one)
( ) This claim complies substantially with Sections 910 and 910.2.
( YO 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) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
h6 This claim is rejected in full.
( ) Other:
I certify that this is a true and correct co"the 's Order entered in its
minutes for this date.
Dated: PHIL BATCF�OR, Clerk, ByLCI , Deputy Clerk
WAMMM (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 omv t 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 ve to went a late claim was mailed
to claimant.
DATED: �_7 _ � PHIL BATCHELOR,, Clerk, By , Deputy Clerk
cc County Administrator (2) County Counsel (1)
CLAIM
C-T,,x'IM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions •:o Claimant
A. Claims relating to causes of action for death or for injury to
person or to personal property. or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. .(Sec. .911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA)
C. If claim is against a district governed by the Board of Supervisors ,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, 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 _ ) Reser CJerk' s filing stamps
KEI V PD
^•a:?
Against the COUNTY OF CONTRA COSTA) tllsoCt M
PHIL BAT�!gtoO
:ERY 30A.=D 0.-S
or DISTRICT) -
cc C-:0:):; ,
(Fill in name)
The undersigned claimant hereby makes claim. against_ the County of *Contra
Costa or the above-named District in the sum of .$
and in support of this claim represents as follows:
-
-------------------------------------------------- - - ----------------
1. When did the damage or injury occur? (Give exac-t-da-te and hour) .
--- _� - � Rage& 7 _l2.9_s_-- ---- --- - ------------ ---
2. Were did the or injury occur? (Include city and county)
g&J�ek, c� L t o S� pet_
3. Iiow did the damage r injury occur? Give ull details, use extra .
sheets if required
---------------Y-� -- -- ------------------------------------------------
4. What particular ct omission on the part of county or district
officers , servants o employees caused the injury or damage?
1�GZ�lt'c1 fv e /t�ceS t ��GccG�J`iorl `
Q wC?"
(over)
,hat are the names of county or district officers , servants or
employes 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)
ob. J
-------
;..: --AaC4�L
7. Ho; �ka'sthe amount claimed above �omputed? (Include the estimated
amount of any prospective injury or. damage. )
--------------------------------------------------------------------------
---------------------------------------------
-------------
�8. Names and addresses of witnesses, doctors and hospitals.
-------------------------------------------------------------------------
9. List the expenditures you Trade on account of this accident or injury:
DATE ITEM AMOUNT
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) 'or b some person ori his behalf. "
Name and Address of Attorney
Cmant' s Signature
o
dress
S. 116
Telephone No. Telephone No-(e/;sl -724/-a,?0
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. "
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA Comm, CALIFORNIA
- - - BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIKANT May 7, 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 refv.raric*.s are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings".
Claimant: Daniel Scott Marker COulty Counsel
Attorney: 707 Tunbridge Rd. APR 0 4 1985
Danville, CA _ 94526
Address: Martinez, CA 94553
Amount: $1, 497. 00 By delivery to clerk on -
Date Received: April 3, 1985 By mail, postmarked on April 2, 1985
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated: April 3, 1985 PHIL BATCHE OR, Clerk, ByDeputy
—Q'Ann Cervel 1
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
( �Q 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 ORDER By unanimous vote of Supervisors present
(>4 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 oertain exceptions, you have only six. (6)-months from the date of this
notice was.personally served or deposited in the mail to file a oourt 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 oonsult 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 ent a late claim Was mailed
to claimant.
DATED: PHIL BATCHELOR, Clerk, By a , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
r .
`r
~.` 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 accrual of the cause
of action. (Sec. 911. 2 , Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106 , County Administration Building, 651 Pine
Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA)
C. If claim is against a district governed by the Board of Supervisors ,
rather than the County, the name .of the District should be filled in.
D. If the claim is against more than one public entity, 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
Daniel Scott I'<arker )
7PREEI1VEIDAgainst the COUNTY OF CONTRA COSTA) P�
or Tafavette DISTRICT) PHILBAV!ELOR
LER BOARf1Oi SUP 2`/!rC•C5
(Fill in name)
B Denu�
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ -, 1 ,497.00
and in support of this claim represents as follows:
------------------------------------------------------------------------
d
1. When did the amage or injury occur? (Give exact date and hour)
December 27, 1984 at 2 a.m.
----------- ------ ------------------------------------------
---
2. Where did the damage or---in-Jury occur? (Include city and county)
Entering Interstate 24 from Lafayette 's central on-ramp in
Contra Costa County.
--------------------------------------------------- --- ----------------
3. How did the damage or injury occur? (Give full-deta-ils, use extra
sheets if required)
Attached is a summary covering all the following items pertaining
to my claim.
------- -----------------------------------------------------------
4. What--par----ticular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
(over)
r
5. t'h'at '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 ext;-nt -'
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: Fames and addresses of VI nesscs, doctors and hospitals.. _ ._ _. _ - _
-------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Name and Address of Attorney Cls-lit
Claimant' s Signature
707 Tunbridge Rd. '
Address
Danville , Calif. 94.K A
Telephone No.' R2n_ 7
Telephone No. 1 1
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. "
April 2, 1985
C14im by Daniel Scott 1arker :
This constitutes my claim of $1 ,497. against the City of Lafayette
for compensation to me stemming from illegal search and false arrest in
Lafayette by Officer S. Olivera, , 37170, of the Lafayette Police Depart-
ment at 2 a.m. on 12/27/84•. I was stopped by the officer for a defective
license plate light on my pick-up truck. Without any search warrant or
justifiable reason, he searched the contents of the pick-up bed, removing
a box covering an amplifier that I was transporting. Although I told him
the amplifier was a friend's that I was taking to my parents ' home to
store while he relocated his residence, the officer contended that it was
stolen property which was later proven to be a false allegation. As a
result, I was arrested, handcuffed, and charged with possession of stolen
property resulting in my having to spend considerable time and money to
demonstrate my innocence. I was subsequently booked and placed in the
Contra Costa County jail at which time I contended my innocence and during
the interrogation, I told the interrogator that if he would call my friend,
he would verify my contention. This wasn't done. As a result, I was false-
ly arrested and had to post bail, spend considerable time off work, ;and
make many trips to various individuals to prove my innocence. I incurred
bail costs of x.319. , {34.5. in lost wages, and $83. in travel costs which
are a direct loss to me. I am also asking '1750. for punitive damages
from the false arrest and the resulting mental anquish which I would not
have been subjected to if the officer had carried out his duty in the
proper manner. Although the officer contended the serial number on the
amplifier indicated it was stolen, a later review of the facts proved
this to be wrong. In addition, a simple phone call at the time of the
arrest would have simplified matters and not required me to spend the time
and money, and go through the anguish and effort to demonstrate the
Lafayette Police Department was derelict in carrying out their responsibi-
2 .
lity. I truly believe I am entitled to a much greater compensation but
do not have the money to hire a lawyer. If the city of Lafayette does
not compensate me for the justified $1 ,497. that I am claiming, I will
be compelled to take my case to small claims court to receive justice.
= i i.
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA
as Ex Officio the Governing Boara of Ene moraga BOARD AMON
Fire Protection District May 7, 1985
Claim Against the County, or District ) NOTICE TO CLAIMANT
governed by the Board of Supervisors, ) The copy of this document mailed to you is your
Routing Endorsements, and Board ) notice of 1;he 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 "Warninnuttty Counsel
Claimant: Linda S. Carey
Attorney:
APR 0 9 1985
3190 Lucas Circle Martinez, CA 94555
Address: Lafayette, CA 94549
Amount: $158.48 By delivery to clerk on
Date Received: April 8, 1985 By mail,, postmarked on April 6, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
April 8, 1985 o
Dated: p PHIL BATCHELOR, Clerk, By y„v, Deputy
0,
nn Cervelli
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: L+ - - 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 By unanimous vote of Supervisors present
(>4 This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of thA Board's Order entered in its
minutes for this date.
Dated: - PHIL BATCHELOR, Clerk, By rP e LaIL,
, 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 present a late claim was mailed
to claimant.
DATED:�� '�-�`' PHIL BATCHELOR, Clerk, By , Deputy Clerk
-6-
. cc: County Administrator (2) - County Counsel (1)
M ATU
1 � .
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 accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, .CA) .
C. If claim is against a district governed by the Board of Supervisors ,
rather than the County, the name of the District should be filled in. i
D. If the claim is against more than one public en+-ity, 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
Linda S. Carey )
3190 Lucas Circle, Lafayette, CA 94549 )
R.-E.0 DIVED
Against the COUNTY OF CONTRA COSTA) AP!? y, '1985
or Moraga Fire Protection DISTRICT) PHIL8AT17HELO°
.ERY,NO ARDOi
Fill in name) )
B Cewty
The undersigned claimant hereby Ltakes claim against the County of Contra
Costa' or the above-named District in the sum of $ 158.48
and in support of this claim represents as follows :
l.- When did the damage or injury-occur? (Give exact-date and hour) -
Pleasant Hill Road and Olympic Boulevard.
Don't know exact date -- had to be 2/11/85 or 2/12/85.
Time is about 3:30 p.m. - 4:00 p.m.
------ -- - d
--------------------------------------------------------
2. Whe-re-did the amage or injury occur? (Include city and county)
Pleasant Hill Road and Olympic Boulevard; Walnut Creek, Contra Costa County
3. How did-the damage or injury occur? (Give lull details, use extra
sheets if required)
Immediate car was stopped at sign. Started than stopped, started than stopped.
Chief Skinner did not stop the second time.
------------------------------------------------------------------------
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
Fire Chief D. Skinner, Moraga Fire, ran into the rear of my van.
(over)
.5.' VhAt`are the names of county or district officers, servants or
employees causing the damage or injury?
Fire Chief Don M. Skinner
Moraga Fire District
-------- — ------:--z------------------------------ ----------------
�. What damage or .in�uries do you claim resulted? 7Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
Damage to the rear bumper of the van.
-------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
Two estimates were made.
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
None known.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
**************************************************************************
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. " '
Name and Address of Attorney
Claimant' s Signature
3190 Lucas Circle
Address
Lafayette, CA 94549 '
Telephone No. Telephone No. 284-2591
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. "
BUTLER-CONTI, INC. DODGE
3434 Mt. Diablo Blvd. Lafayette,California SALES AND SERVICE
2844491
DATE,� OWNER C APPRAISER ORDER'NO.
LOCATION OF CAR / MAKE "C' R _(T(E MODEL
MOTOR NO. SERIAL NO. LIC.NO. MILEAGE CONDITION
Symbol FRONT Labor $ Labor Mrs. Parts Symbol LEFT labor $ labor Mrs. Parts Symbol RIGHT labor = Labor Mrs. Parts
Bumper(U) Fender, Frt. Fender, Frt.
Bumper(L) Fender Shieid Fender Shield
Bumper Brkt. Fender Mldg. Fender Mldg.
Bumper Gd. Headlamp Headlamp
Frt.System Headlamp Door Headlamp Door
Frame Sealed Beam Sealed Beam
Cross Member. Cowl Cowl
Stabilizer Windshield Windshield
Wheel Door, Front Door,Front
Hub Cap Door Hinge Door Hinge
Huh IL Drum Door Glass Door Glass
Knuckle Vent Glass Vent Glass
Knuckle Sup. Door Mldg. Door Midg.
Lr.Cont.Arm Door Handle Door Handle
Lr.Cont Shaft Center Post Center Post
Up.Cont.Arm Door Rear Door Rear
Shock Door Glass Door Glass
Spring Door Mldg. Door Mldg.
Tie Rod Rocker Panel Rocker Panel
Steerinq Gear Rocker Mldg. Rocker Mldg.
Steering Wheel Floor Floor
Horn Ring Frame Frame
Gravel Shield Dog Leg Dpg leg
Park.Light Quar. Panel Quer.Panel
Rad.Grille,Ctr. Quar.Mldg. Quar.Mldg.
Rad.Grille,Side Quer.Glass Quar.Glass
Grill Midg. Stone Shield Stone Shield
REAR MISC.
umper Inst. Panel
Name Plate Bumper Brkt. Front Seat
Horn Bumper Gd. Front Seat Adj.
Baffle,Side Gravel Shield Trim
Baffle,Lower lower Panel Headlining
Baffle,Upper Floor Top
Lock Plate,Lr. Trunk Lid Tire % Worn
Lock Plate,Up. Trunk Light Tube
Hood Top Trunk Handle Battery
Hood Hinge Tail Light Paint
Hood Midg. Tail Pipe Undercoat
Ornament Gas Tank
Rad.Sup. Frame
Red.Core Wheel
Anti Freeze Hub&Drum
Rad. Hoses Axle ESTIMATE VOID 30 DAYS. AFTER
Fan Blade Spring DATE
Fan Belt
Water Pump
Motor Mts.
Clutch LinkageRECAPI RECAPITULATION /
Labor Hours. . .1�
Parts&Material . . . . . . . . . Less Disc.% . . . . . .$
"THIS ESTIMATE, BASED ON OUR INSPECTION, DOES NOT
INCLUDE ANY ADDITIONAL PARTS OR LABOR THAT MAY BE Sublet&Net Items . . . . . . . . . . . . . . . . . . . . . .$ . . . . . . . ... . .
REQUIRED AFTER THE WORK HAS BEEN STARTED, OCCA— Sales Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ . . .7.<<.1�. .
SIONALLY, AFTER WORK HAS BEEN STARTED, DAMAGED OR
BROKEN PARTS ARE FOUND WHICHWERE NOT EVIDENT ON TOTAL $l�iTr`Te il"'
NOTE. Sawid-tlea
PARKER-ROBB CHEVROLET
.
Pklf SUBJECT 1707 No.Main Sc • Phone 934.4481 NO.
TO CURaENT INVOICE "
WALNUT CREEK, CALIFORNIA 94596 17 ,
NAME ADDRESS DATE _
MAKE OF CAR AR TYPE LICENSE NO. MILEAGE MOTOR NO. SERIAL NO.
Va
INSURED BY ADJUSTER INSPECTOR rHO
('
/ SS
Symbol FRONT Labor Mrs. Parts Symbol LEFT labor Mrs. Parts Symbol RIGHT Labor Mrs. Paris
Bumper Fender Fender
Bumper Rail Fender Ornament Fender Ornament
Bumper Brkt, Fender Shield Fender Shield
Fender Midg. Fender Mldg.
Bumper Gd. Headlamp Headlamp
Fri. System Headlamp Door Headlamp Door
Frame Sealed Beam Sealed Beam
Cross Member Cowl Cowl
Wheel Door, Front ' Door, Front
Hub Cap Door Lock Door Lock
Hub il, Drum Door Hinge Door Hinge -
Knuckle Door Glass Door Glass
Knuckle Sup. Vent Glass Vent Glass
lr. Cont. Arm-Shaft Door Mldgs. Door Midg.
license Frame — Brkt. Door Handle Door Handle
Up.Cant.Arm- Shaft Center Post Center Post
Shock Door, Rear Door, Rear
Windshield Door Glass Door Glass
Door Mldg. Door Midg.
Tie Rod Rocker Panel Rocker Panel
Steering Gear Rocker Mldg.. ,Rocker Mldg.
Steering Wheel Sill Plate -Sill Plate
Horn Ring Noor Floor
Gravel Shield - Frame Frame
Park. Light Dog Leg Dog leg
Grille Quar. Panel Quar.Panel
Quar. Midg. Quar.Midg.
Quar. Glass Quar.Glass
Fender, Rear fender,Rear
Fender Midg. Fender Mldg.
Fender Pad Fender Pad
Mirror REAR RISC.
Horn }"y Bumper 0 l Inst. Panel
Baffle Side Bumper Rail - Front Seat `
Baffle, lower Bumper Brkt. Front Seat Adj:
Baffle, Upper Bumper Gd. Trim
Lock Plate,Lr. Gravel Shield Headlining
Lock Plate,Up. Lower Panel Top
Hood Top Floor Tire
Hood HingeTrunk Lid +( ; Tube
Hood Midg. Trunk Lock A i Battery
Hood letters Trunk Handle Paint
Ornament Toil Light Undercoat
Rad.Sup. Tail Pipe Polish
Rad.Core Gas Tank
Radio Antenna Frame SUMMARY
Rad,Hoses Wheel 7 ,C'L' C Uo
Labor Mrs. ' _
Fan Blade Hub 3 Drum Parts
Fan Belt Bock Up Lite $=
Water Pump Wheel Shield
Motor License From"rkt. Sublet $
s Bumper
Paint $
A—Ali n N--New OH—Overhaul S--Strai hten or Re INSURANCE
9 9 pair EX—Exchange RC—Rechrome U—Used DEDUCTIBLE TAX
This estimate is based on lowest possible cost consistent with quality work, and as such, is guaranteed.
`•items not covered by this estimate or hidden will be additional. ; TOTAL S�
..CLAIM
BOARD OF SM)ERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
., BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT May 7, 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: Richard C. Goodrich
C-37153
Attorney: Cowity Comm
Address: P.0. Box 2 210 APR 0 9 1985
Susanville, CA 96130
Amount: $391.50 By delivery to clerk on Martinez. CA 94553
Date Received: April 5, 1985 By mail, postmarked on April 3, 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 01 Deputy
Anh 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.
( ) 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: - q - g 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
t>44 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 BATCFMOR, 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 resent a late claim was mailed
to claimant.
DATED: 5,"�,Q,� PHIL BATCHELOR, Clerk, By ° , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C
��Q9WYapplication to:
Instructions to ClaimantC'erk of the Board
P.O.Box 911
Martinez,California 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than 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
of this form.
RE: Claim by ) Reserved for Clerk' s filing stamps
g�cRIE
VTE D_
Yui P,M 1�e A. (� J 3-) � I
Against the COUNTY OF CONTRA COSTA) rPj', 19$5
Or �kel)2Gt_.DISTRICT) PHIL SAT #ELL '
1ERK SC,'.�
(Fill in name) BOARD Of SUPL `J
) cot
o,. . .� :a.Derwr
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $
and in support of this claim represents as follows:
----Q--_�- ,--_-j----------------------------------=-------------------
l. When did the dam ge or injury occur? (Give exact date and hour)
------------------------------------------------------------------------
2. Where did the damage orinjury occur. (Include city and ounty)
c
---_tit! i uLe- n L 5`53-- -------------=-- ------ ---
3. How did the damage or injury 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?
�
t PR
(over)
5. • What are the names of county or district officers, servants or
-employees causing the damage or injury?
6. What damge onjuries do you claim resulted? '(Give full extent
of injuries or damages claimed. `Attach Q estimates for au o
damage < , - � ��' c7
�E�� " ' CIL l t- 1�---------
-----_. Howshe , ountclamed above computed? the t' ted
ta ount of any prospectiv jJjIr r damag S
€ o1_NnVvuc.\
---
----------nd------------------------------------------------------------
8. Names and addresses of witnes�se-s, doctors and hospitals. _
--------------------------------------------------t-----------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
►a tin L�����E �-� mac. ���.� �.�� ���.�
fnLA
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
Claim is Signature
Abid e s
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. "
L , .� CONTRA COSTA COUNTY DETENTION FACILITY
CLOTHING RECEIPT,,- ---,--,
ECEIPT,_- ._ '
00/20/84
DATE: ^'
25
TIME: f�
GOODRICH RICHARD C
NAME (L,F,M):
BOOKING NBR: i; 84016304,.1 DOB: 08/02/37
CLOTHING
Q��HIRT ❑ NTS
❑ COAT SHOES
❑, SHORTS ❑ T SHIRT
t�/SOCKS ❑ HAT
❑ SWEATER ❑ GLOVES
❑ BELT ❑ TIE
OTHER
INTAKE -
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CLH OFC: INMATE X
(SIGNATURE)
CLOTHING,.8OX;ASSIGNED:
CLOTHING RACK ASSIGNED:
RELEASE
REL OFC: DATE:
RECEIVED ALL CLOTHING INMATE
(SIGNATURE)
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_ APPLICATION TD FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT May 7, 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
915.4. Please note the "WARNING" below.
Claimant: Ruby Lee Spikes
Attorney: David Krashna
Address: 223 Tewksbury Avenue
Point Richmond, CA 94801
Amount: $14, 5 0 0.0 0 By delivery to Clerk on
Date Received: April 4, 1985 By mail, postmarked on April 3, 1985
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: April 4, 1985 PHIL BATCHELOR, Clerk, Byn ot LAA-A° Deputy
erve i
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
(� ) The Board should deny this Application to File Late Claim (Section 911.6).
DATED: ,B- 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. n
DATE: ,S- 7-�s PHIL BATCHELOR, Clerk, By ,,,�, f,�,�,Y�� Deputy
WARNING (Gov. Code $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 Prem 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 fn n 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 attorney, 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: PHIL BATCHELOR, Clerk, By 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
David Krashna
Attorney at Law
223 Tewksbury Avenue
Point Richmond, California 99801
(415) 235-8778 RECEI
VE
"P _� 1985
PHIL BATIIIELM
LERK BOARD Oi "' °L'3Y:SC'E;
DATE: April 3 , 1985 B . .„ .
Z 1.... Denori
TO: Clerk of the Board For your information and file .
Board of Supervisors
Contra Costa County Pursuant to your recent request .
Administration Building
625 Pine St. For your review, signature and
Martinez , CA 94553 return to this office.
' IN THE MATTER OF THE CLAIM
OF RUBY LEE SPIKES AGAINST For your review and comments.
CONTRA COSTA COUNTY Please telephone me after
reviewing the enclosed.
ENCLOSURE:
Original and 1 copy of the Please file the original( s) ;
following: conform and return each copy
Application For Leave To in the enclosed envelope.
Present Late Claim
Proposed Claim -Pursuant to Please record the original (s) ;
Government Code Section 910 conform and return each copy
Declarations (David Krashna and in the enclosed envelope .
Ruby Spikes)
Enclosed is our check for
-X- Please mark the copy "received”
and return to me in the enclosed
provided return envelope.
r
ery ru o s/,
DK/md I I�f✓✓�� �� ---
Enclosures
CC:
1
RECEIVED
1 IN THE MATTER OF THE CLAIM ) A PQ 4i
OF RUBY LEE SPIKES ) APPLICATI ON F0I.NIAVE;9B5-
2 ) TO PRESE LATE CLAIM WHA 5&•M.
[Gov. C §911 r ATC!HELM
LERK SOARI ni SUPV211!
3 AGAINST CONTRA COSTA COUNTY ) Br •. `C`y �o,'enu�r
4 )
5 TO: CLERK OF THE BOARD, BOARD OF SUPERVISORS , CONTRA COSTA COUNT
6 1. Application is hereby made for leave to present a late
7 claim under Section 911. 4 of the Government Code. The claim is
8 founded on a cause of action for personal injuries , which accrued
9 on December 11 , 1984 , and for which a claim was not timely pre-
10 sented. For additional circumstances relating to the cause of
. 11 action, reference is made to the proposed claim attached hereto
12 as Exhibit 'A and made a part hereof.
13 2. The reason for the delay in presenting this claim is the
14 mistake, inadvertence, surprise, and excusable neglect of the
15 claimant as more particularly shown in the Declarationsof Ruby Le
16 Spikes and David Krashna attached hereto, and marked respectively,
17 Exhibits B and C. Contra Costa County was not prejudiced by the
18 failure to timely file the claim as shown by the Declarations o.f
19 Ruby Lee. Spikes and David Krashna.
20 3. The reason for the delay in presenting this claim is that.
21 the claimant did not know and was not informed that Contra Costa
22 County entered into a contract with a private entity called Unite
23 Council For Spanish Speaking Organizations , the latter which pro-
24 vided noontime meals for elderly citizens of the City of Richmond
25 and .claimant believed that the City of Richmond, and not Contra
26 Costa County, was the provider and was responsible for maintenance
27 of the building, as more fully set forth in attached Exhibit B.
28 4 . This application is presented within a reasonable time
1 after learning the involvement of Contra Costa County in this
2 matter, as shown ,by the Declaration of David Krashna attached
3 hereto as Exhibit C.
4 WHEREFORE , it is respectfully requested that this applicatio
f i
5 be granted and that the attached claim be receiv ed'.and acted upon
6 in accordance with Section 912. 4 - :912;8 of :th& Ggvernment Code.
7 DATED: April 3 , 1985
8 j
r✓ ,
9 DAVID 'KMUNA, ni'Beh o f
CLaimant
10
I1
12
13
14
15
16
17
18
19
20
21
22
23 (Proof of Service by Mail
24 Attached)
25
26
27
28 -2-
1 PROPOSED CLAIM
2 PURSUANT TO GOVERNMENT CODE SECTION 910
3 TO: CLERK OF THE BOARD
BOARD OF SUPERVISORS
4 CONTRA COSTA COUNTY
ADMINISTRATION BUILDING
5 651 Pine Street
Martinez , California 94553
6
7 This is a claim presented by DAVID KRASHNA, Attorney at Law,
8 acting on behalf of the claimant as hereinafter set forth:
9 1. NAME OF CLAIMANT: RUBY LEE SPIKES
10 2. ADDRESS OF CLAIMANT: 576 Stege Avenue , Richmond, CA 94804
11 3. NOTICE TO BE SENT TO: DAVID KRASHNA, Attorney at Law,
12 223 Tewksbury Avenue , Pt. Richmond, California 94801.
13 4. DATE OF OCCURRENCE GIVING RISE TO CLAIM .ASSERTED:
14 December 11, 1984.
15 5. PLACE AND OTHER CIRCUMSTANCES SURROUNDING THE OCCURRENCE
16 OF TRANSACTION: ' On December 11, 1984 , between the hour of 12 Noon
17 and 1: 00 p.m. , claimant was walking in the Eastshore Community
18 Center Building, located at 960 South 47th Street , Richmond,
19 California, when she slipped and fell in and about a foreign liquid
20 substance , allowed to exist on the floor, causing claimant to in-
21 cur personal injuries.
22 The liquid substance was apparently dropped onto the floor b
23 an employee or other participant at an elderly citizen' s lunch
24 program, conducted at the center at the time of the accident.
25 Claimant has now learned that the caterer of the lunch, United
26 Council of Spanish Speaking Organizations , had some type of con-
27 tractural relationship with Contra Costa County, and possibly
28 with the City of Richmond' s Parks and. Recreation Department, to
i
1 provide these meals .
2 Claimant fell in a building owned and generally maintained
3 by the City of Richmond, which is a governmental agency. As a
4 result of newly-discovered information, Contra Costa County may
5 have direct responsibility. for the maintenance of the building an
6 the area where its contractor provided lunch for elderly citizens
7 of the City of Richmond during the noontime meal. Based on that
8 information and belief, claimant alleges that Contra Costa County
9 and the City of Richmond are responsible and liable for the
10 negligent maintenance of the building' s floor. Claimant is further
11 informed and believes and thereon alleges that Contra Costa Count
12 and the City of Richmond had or should have had knowledge of the
13 negligent maintenance of the floor, caused by its employees and/or
14 contractors , and should have taken measures to prevent accidents
15 as the claimant has incurred.
16 6. GENERAL DESCRIPTION OF INJURY, DAMAGE OR COST INCURRED
17 SO FAR AS MAY BE KNOWN AT THE DATE OF PRESENTATION OF THE CLAIM:
18 Claimant RUBY LEE SPIKES suffered back and neck injuries , when sh
19 fell suddenly and violently to the floor ' s surface , in and about
20 the liquid substance allowed to exist on the floor. Claimant' s
21 slip and fall required her to seek emergency medical care from
22 East Bay Hospital , located at 820 - 23rd Street , Richmond, Calif-
23 ornia, and follow-up medical care from Julius C. Robinson, M.D. ,
24 3605 Cutting Blvd. , Richmond, California. It is anticipated that
25 claimant will require future medical care. Claimant has in-
26 curred to date a medical billing from East Bay Hospital in the
27 amount of $1,282. 30 , and medical billings from Dr. Robinson in
28 the amount of $305 . 00 ..
-2-
1 Claimant RUBY LEE SPIKES has suffered and continues to
2 suffer pain and other physical suffering, and will continue to
3 incur medical charges in amounts not fully ascertained to date.
4 7 . AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION WITH BASIS
5 OF COMPUTATION THEREOF: Claimant RUBY LEE SPIKES claims $14 ,500
6 in general damages in compensation for the physical injuries she
7 has incurred and will continue to incur as a direct result of
8 this incident, special damages for the medical expenses , and re-
g lated costs and expenses incurred and continuing to be incurred
10 "
in a total amount not fully known at this time, �M� which will be
11
ascertained and presented at a later' dat12 !
DATED: April 3 , 1985
13
14
15 :DBV„ fS
D , SHP;A1;'JAt�rne r _........
l8fimant* 4Y " E SPIKES
16
17
18
19
20
21
22
23
24
25 (Proof .of Service By Mail
26 Attached)
27
28
-3-
1 IN THE MATTER OF THE CLAIM )
OF RUBY LEE SPIKES ) DECLARATION IN SUPPORT OF
2 ) APPLICATION FOR LEAVE TO
PRESENT LATE CLAIM
3 AGAINST CONTRA COSTA COUNTY )
4
5 I , RUBY LEE SPIKES , declare that:
6 1. I am the claimant in the above-entitled claim.
7 2. That on December 11 , 1984 , during the hour of 12 Noon
8 and 1: 00 p.m. , I slipped and fell as set forth in the proposed
9 claim attached hereto as Exhibit A.
10 3 . That I inquired of several individuals apparently in-
11 volved with the elderly citizens meal program, and was informed
12 that the City of Richmond provided the meal.
13 4. At the time of my fall on December 11 , 1984 , I personall
14 informed "Skip" and "Mrs . Knox" , who were directly. involved with
15 the program, of my fall , and they assisted me .
16 5. That I observed individuals who I understood were em-
17 ployees of the City of Richmond performing janitorial and related
18 maintenance duties in and about. the pertinent building at?'.the
19 time of the meals .
20 6. That I informed my attorney that I believed that the Cit
21 of Richmond was both the provider of the meal and was responsible
22 for the maintenance of the building.
23 I declare under penalty of perjury that the foregoing is, tru
24 and correct to the best of my knowledge and this declaration is
25 executed on April 3, 1985 at Pt. Richmond, California.
So
26
RUBY S IKES , Declarant
27
28 (Proof of Service by Mail
Attached)
EXE!BIT ..�.r
1, IN THE MATTER OF THE CLAIM )
2 OF RUBY LEE SPIKES ) DECLARATION IN SUPPORT OF
APPLICATION FOR LEAVE TO
3 ) PRESENT LATE CLAIM
AGAINST CONTRA COSTA COUNTY )
4 - )
5 I , DAVID KRASHNA, declare that:
6 1. I am an attorney licensed to practice law in the State o
7 California.
8 2 . I am the. attorney for claimant RUBY LEE SPIKES and am
9 familiar with the facts underlying her claim against Contra Costa
10 County and the City of Richmond, as more fully set forth in the
11 proposed claim attached hereto as Exhibit A.
12 3. That RUBY LEE SPIKES informed me of her fall and of her
13 belief as to the identity of the provider of the meal, and those
14 responsible for the maintenance ofthe building, as more fully set
15 forth in Ruby Spikes ' Declaration attached hereto as Exhibit B.
16 4. That I hired a private investigator, Stan Hallmark, a
17 state licensed investigator, to learn the identity of the caterer
18 and the individuals or entity responsible for the maintenance of
19 the building in order to present a governmental claim against the
20 responsible entities .
21 5. That I learned from my investigator that as a result of
22 his investigation that the information provided by claimant
23 appeared correct.
24 6. Based on the information obtained from the claimant and
25 the investigator I presented a written claim against the City of
26 Richmond on March 6 , 1985 by personal delivery, setting forth my
27 information and belief to that date, as follows :
28 "Claimant 'has been unable to learn the identity
EXH11BIT__. .__.
1 of the caterer of the lunch, but is informed
2 and believes , and thereon alleges that the
caterer has some type of contractural relation-
3 ship with the City of Richmond' s Parks and
Recreation Department. "
4 7 . After presenting the claim to theCity Clerk of the City
5 of Richmond by personal . delivery on March 6 , 1985 , our office
6 received a telephone contact from the City Clerk' s office on
7 March 18 , 1985 , indicating that it had received our claim, but
8 needed the original of the claim, which we provided that date.
9 The City Clerk did not at that time inform us of any different
10 facts .
11 8. I received a telephone contact on Friday, March 29, 1985 ,
12 from Ms . Phyllis Peterson, of LJR Claims Administration Service ,
13 the insurance adjusters for the City of Richmond, informing me
14 that her preliminary information indicated that the City of
15 Richmond did not hire the caterer, and she was not sure if the
16 City of Richmond was responsible for the maintenance of the
17 building during the mealtime. She stated that she would investi-
18 gate further and contact me the following Monday, April 1:, 1985 .
i9 9. I did not receive a telephone contact from Ms . Peterson
20 on April 1, so I called her to learn the results of her investi-
21 gation.
22 10 . I learned from Ms. Peterson on April 1 , 1985 that Contra
23 Costa County had some type of contractural relationship with the
24 caterer, United Council of Spanish Speaking Organizations , and
25 that the County was responsible for the maintenance of the
26 building owned by the City of Richmind during the mealtime.
27 11. A claim against Contra Costa County would have been
28 timely filed by March 20 , 1985 , and this late presentation of a
-2-
I claim against Contra Costa County is only 14 days late, and thus ,
2 there would appear to be no prejudice against Contra Costa County
3 and that the claim against the County is now promptly being made
4 immediately after learning additional facts identifying the Count
5 as the responsible entity.
6 12. This late claim is made promptly after the mistake ,
7 inadvertance , surprise and excusable neglect of claimant.
8 I declare under penalty of perjury that the foregoing is
9 true and correct to the best of .my knowledge and .this declaration
10 is executed on April 3 , 1985 at Pt. R..' hmond, 'California.
n
12
DAVID..SRA"Si JA;;`D e,c t'
13 �' V�
l
14
15
16
17
18
19
20
21,
22
23
24
25 (Proof of Service By Mail
26 Attached)
27
28 -3-
RECEIVED
MAR 6 1985
1 CLAIM
CITY CLERK
2 PURSUANT TO GOVERNMENT CODE SECTION i$IMMOND, CALIF.
3 TO: CITY OF RICHMOND, c/o City Clerk
Civic Center & MacDonald Avenue
4 Richmond, California 94804
5 This is a claim presented by DAVID KRASHNA, Attorney at Law,
6 acting on behalf of the claimant as hereinafter set forth:
7 1 . NAME OF CLAIMANT: RUBY LEE SPIKES
8 2. ADDRESS OF CLAIMANT: 576 Stege Avenue
Richmond, California 94804
9 3. NOTICE TO BE SENT TO: DAVID KRASHNA, Attorney at Law,
10 223 Tewksbury Avenue , Pt. Richmond, California 94801.
11 4 . DATE OF OCCURRENCE GIVING RISE TO CLAIM ASSERTED:
12 December 11 , . 1984 .
13 5 . PLACE OR OTHER CIRCUMSTANCES SURROUNDING THE OCCURRENCE
14 OR- TRANSACTION: On December 11 , 1984 , between the hour of 12 Noor
15 and 1 : 00 p .m. , claimant was walking in the Eastshore Community
16 Center Building, located at 960 South 47th Street , Richmond , Cali -
17 ornia, when she slipped and fell in and about a foreign liquid
18 substance , allowed to exist on the floor , causing claimant to in-
19 cur personal injuries.
20 The liquid substance was apparently dropped onto the floor b
21 an employee or other participant in an elderly citizen' s lunch
22 program, conducted at the center at the time of the accident .
23 Claimant has been unable to learn the identity of the caterer of
24 the lunch, but is informed and believes , and thereon alleges that
25 the caterer has some type of contractural relationship with the
26 City of Richmond' s Parks and -Recreation Department .
27 Claimant fell in a building owned and maintained by the City
28 of Richmond, which is a governmental entity. The City of Richmon
2.,
EXH{BiT__ .
1 is responsible and liable for the negligent maintenance of the
2 building' s floor. Claimant is informed and believes and thereon
3 alleges that the City of Richmond had or should have had knowledg
4 of. the negligent maintenance of the floor , caused by its employee
5 yand/or contractors , and should have taken measures to prevent
G accidents as the claimant has incurred.
7 6. GENERAL DESCRIPTION OF INJURY, DAMAGE OR COST INCURRED
8 SO FAR AS MAY BE KNOWN AT THE DATE OF PRESENTATION OF THE CLAIM:
9 Claimant RUBY LEE SPIKES suffered back and neck injuries , when sh
10 fell suddenly and violently to the floor' s surface , in and about
11 the liquid substance allowed to exist on the floor . Claimant' s
12 slip and fall required her to seek emergency medical care from
13 East Bay Hospital , located at 820 - 23rd Street , Richmond, Calif-
14 ornia, and follow-up medical care from Julius C. Robinson, M.D . ,
15 3605 Cutting Blvd. , Richmond, California. It is anticipated that
16 claimant will require future medical care. Claimant has incurred
17 to date a medical billing from East Bay Hospital in the amount of
18 $195 . 50 , and medical billings from Dr. Robinson in the amount of
19 $305 .00 .
20 Claimant RUBY LEE SPIKES has sufferedand continues to -suffer
21 pain and other physical suffering, and will continue to incur
22 medical charges in amounts not fully ascertained to date.
23 7. AMOUNT CLAIMED AS OF THE DATE OF PRESENTATION WITH BASIS
.24 OF COMPUTATION THEREOF: Claimant RUBY LEE SPIKES claims $12 ,000
25 in general damages in compensation .for the physical injuries she
26 has incurred and will continue to incur as a direct result of thi
27 incident , special damages for the medical expenses , and related
28 costs and expenses incurred and continuing to be incurred in a
-2-
1 total amount not fully known at this time , but which will be
2 ascertained and presented at a later date.
3 DATED: March 6, 1985
DAVID,KRA tQ .:,Atto ey for
G Claimant
7
8
9
10
11
12
13
14
15
16
17
18 •
19
20
21
22
23 (Proof of Service by Mail
Attached)
24
25 (Proof of Service by
Personal Delivery)
26
27
28 -3-
1 PROOF OF SERVICE BY MAIL
2 I am a citizen of the United States , a resident of the
3 County of Contra Costa, over the age of 18 years and not a
4 party to the 4:ithin action; my business address is in care of
5 Law Offices of David hrashna, 249-3 Tewksbury Avenue , Richmond,
6 - California 94801 .
7 Or, Marrh 1; 1985 _ I served r_he attached
8 CLAIM
PURSUANT TO GOVERNMENT CODE SECTION 910
9
10 on 'the . parties to said action by placing a true copy thereof in
11 a sealed envelope with postage thereon, fully prepaid; in the
12 United States mail at ]richmond, California, addressed as follows :
13 Ruby Lee Spikes
14 57.6 , Stege Avenue
Rs_chmond, CA 94804
15
16
17
18
19
20
21
22 1 declare under penalty of perjury that the foregoing is
23 true and correct . Executed at Richmond, California, on
24 March 6 , 1985
r
25
MAXINE DOWNEY
26
27
28
A
PROOF OF SERVICE BY PERSONAL DELIVERY
I delcare that: I am (a resident of/employed in) the County of
CONTRA COSTA, CALIFORNIA. I am over the age of eighteen years
and not a party to the within entitled cause; my (business/residence)
address if 223 Tewksbury Avenue , Point Richmond, California 94801 .
On March 6. 1985 I served the attached:
CLAIM
PURSUANT TO GOVERNMENT CODE SECTION 910
on the defendants in said cause , by personally delivering
a true copy thereof to:
City of Richmond
c/o City Clerk
Civic Center & MacDonald Avenue
Richmond, California 94804
I declare under penalty of perjury that the foregoing is true and
correct , and that this declaration was exdcuted on
i
aL Point Richmond, California.
DAVID KRASHNA ! /
I PROOF OF SERVICE BY MAIL
2 I am a citizen of the United States , a resident of the
3 County of Contra Costa, over the age of 18 years and not a
4 party to the G:ichin action; my businass address is in care of
5 Law Offices o,: David Krashna, 223 Tewksbury Avenue , Richmond,
6 California 94801 .
7 OU, April 3 , 1985 I served the attached
8 APPLICATION FOR LEAVE TO PRESENT• LATE CLAIM: PROPOSED CLAIM
PURSUANT TO GOVERNMENT CODE SECTION 910 ; DECLARATION IN SUPPORT
9 OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM (by David Krashna
and Ruby Lee Spikes)
10 on the parties to said action by placing a true copy thereof in
11 a sealed envelope with postage thereon, fully prepaid, in the
12 United States mail at Richniond, California, addressed as follows :
13 CLERK OF THE BOARD
,BOARD OF SUPERVISORS
14 CONTRA COSTA COUNTY
ADMINISTRATION BUILDING
15 625 Pine Street
Martinez , CA 94553
16
17 CITY OF RICHMOND
c/o City Clerk
18 Civic Center & MacDonald Ave.
Richmond, CA 94804
19
20
21
22 I declare under penalty of periury that the foregoing is
23 true and correct . Executed at Richmond, Cal_iornia, on
24 April 3, 1985
25
26
27
28