HomeMy WebLinkAboutMINUTES - 06111985 - 1.12 CLAIM 1-10 12
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT June 11, 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. P1 a note a34 "Warnings".
Claimant: Heidi Grouell, a minor, by an through her Guar ian
ad Litem, William Grouell COUnty COUnsgf
Attorney: William C. Johnson 14AY
Bennett, Righetti & Johnson 1 1985
Address: P. O. Box 817
Oakland, CA 94604 Martinez, CA 94553
Amount: -$1, 500,000. 00 By delivery to clerk on
Date Received: May 13 , 1985 By mail, 'postmarked on May 10 , 19 8 5
I. FROM: Clerk.of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
LJO-
Dated: May 13, 1985 PHIL BATCHELOR, Clerk, By Q ° Deputy
Cerve li
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: Clerkof the Board TO: C ty 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, f the Board's Order entered in its
minu es forthis date.
Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk
j WARNING (Gov. Code Section 913)
Subject to ow tain 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 1 to present a late claim was mailed
t claiman
DATED: PHIL BATCHELOR, Clerk, By , Deputy Clerk
I
cc: County Administrator (2) County Counsel (1)
j
CLAIM
WILLIAM C. JOHNSON
1 BENNETT, RIGHETTI & JOHNSON
ATTORNEYS AT LAW �• �:i -"I
21410 JACKSON STREET
P. O. BOX 817
,OAKLAND. CALIFORNIA 94604
3 (415) 444-0456
t, PSR♦3.4..,1[:.0°
31
B _ �� Genuty
rj ATTORNEYS FOR Claimant
6 i
7 CLAIM FOR DAMAGES AGAINST
THE COUNTY OF CONTRA COSTA
8
To: Board of Supervisors
9 651 Pine Street
Martinez, California 94553
10
Claima'nt' s Name : HEIDI GROUELL, a minor, by
11 and through her Guardian ad
Litem, WILLIAM GROUELL
12
Claima'nt ' s Address : 40 Alton Place
13 San Ramon, California 94583
14 Address To Which Notices
Are To Be Sent: William C. Johnson
15 1 BENNETT, RIGHETTI & JOHNSON
P.O. Box 817
16 Oakland, California 94604
17 Amount Of Claim: $1, 500 , 000 . 00
18 Date Claim Accrued: February 10 , 1985
19 Place Claim Accrued: Camino Tassajara Road at approx-
imately 279 feet 9 inches
20 east of Sherbourne Hills Road,
City of Danville, County of
21 I Contra Costa, State of Califor-
nia.
22
23 Circumstances Giving
Rise To Claim: On or about February 10 , 1985 ,
Claimant was a passenger in
24 a motor vehicle operated by
one Timothy Sledge in the
25 vicinity of Camino Tassajara
Road near Sherbourne Hills
26 Road, in the City of Danville,
f
r.
1 County of Contra Costa, ' Stated '7
of California. At said time
2 and place, the motor ,vehicle
occupied by Claimant ( veered
3 into the shoulder area of ,
the roadway, went out of con-(i
4 trol, and overturned approxi-I/
mately three ( 3 ) times. and
5 came to rest upside ; down on
said roadway.
That portion of Caminor Tassajar'al
7 Road where the accident occurred
is at all times herein men-,
8 tioned, owned, designed, con-
structed, maintained, and
9 controlled by the County "" of
Contra Costa and constituted
10 a dangerous condition of public
property which condition existed
11 at the time of this accident
12 and. for a sufficient ;time
prior thereto so that / said
13 condition was known, or should
have been known, , to the County
14 of Contra Costa to have created
a substantial risk of/ the
15 type of accident involving
Claimant, HEIDI GROUELL, in
16 that said portion of iiCamino
Tassajara Road;' had excessive
17 amounts of gravel, dirt, and
other foreign material on
16 the paved portion of the roadway
which proximately contributed
19 to the happening of this acci-
dent and the injuries and
20 damages sustained by ;Claimant,
HEIDI GROUELL. That the County
21 of Contra Costa failed to
take any action prior to the
22 accident to correct this danger-
ous and hazardous ;` condition
23 and further failed /to .provide
adequate or any warning of
24 same.
f
25
26 7
i
-2-
1
i
i
1 Itemization Of Injuries: Claimant sustained massive'
head, neck, and back injuries_;
2 the full extent of which is
presently unknown..
3
4
5 DATED:! May 9 , 1985 BENNET , ,RIGH & JOHNSON
6
7 By
i 1 am • ohnson
8 rney or Claimant
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
k
24
25
26
„ CLAIM I—O U
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TD CLAIMANT June 11 , 1 985
governed by the Board of Supervisors, ) The copy oft s ocument mailed to you is your
Routing Endorsements, and Board ) notice of Uie 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: Marni S. Brines , a minor, by and through her I
Attorney: Guardiam ad Litem, Gary Brines county counsel
William C. Johnson (JAY 1 '1985
Address: Bennett, Righetti & Johnson
P.0. Box 817 94553'
Amount: Oakland, California 946% delivery to clerk on Martinez. CA
$500, 000. 00
Date Recei ved: May 13, 1985 By mail, postmarked on May 10, 19 8 5
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated: v 13,_ 19&5 PHIL BATCHELOR, Clerk, By ' Deputy
n Cervelli
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
O This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and wel',!1are
so notifying, claimant. The Board cannot act for 15 days (Section 910.8). li
( ) Claim is not` ti.mely filed. 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). p
( ) Other:
Dated: S_ } By: Deputy County Counsel
III. FROM: Clerk of the Board T0: ( ) unty ounsel, (2) County Administrator
( ) Claim was returned as untimely with not�i/ to claimant (Section 911.3). j
IV. BOARD ORDER By unanimous vote of Supervisors present
This claim is rejected in full.
Other:
'N
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 Pram 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 claimantfs right to apply for leave to ent a late claim was'iImailed
to claimant.
DATED:���(- � - PHIL BATCHELOR, Clerk, By OAo , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
:WILLIAM C. JOHNSON
1 BENNETT, RIGHETTI" & .JOHNSON
ATTORNEYS AT LAW �,� ;_ .CEN j , _I
2 1410 JACKSON STREET +.-
P. O. BOX817
" �3 , X35
3 =OAKLAND, CALIFORNIA 94604 i.,. „,
(415) 444-0456
P-HL BAT'_'!#E;.02
4 C.ERk ,:i715C;
E,
';e�uty
5 ATTORNEYS FOR Claimant
6
CLAIM FOR DAMAGES AGAINST
THE COUNTY OF CONTRA COSTA
8
To: Board of Supervisors
9 651 Pine Street j
Martinez, California 94553
10
Claimant' s Name: MARNI S. BRINES, a !iminor,
11 by and through her Guardian
ad Litem, GARY BRINES
12
Claimant' s Address : 9837 Davona Drive
13 San Ramon, California 941583
14 Address To Which Notices
Are To Be Sent: William C. Johnson
15 BENNETT, RIGHETTI & JOHNSON
P.O. Box 817
16 Oakland, California 94604
17 Amount Of Claim: $500 , 000 . 00 11
18 Date Claim Accrued: February 10 , 1985
19 Place Claim Accrued: Camino Tassajara Road atapprox-
imately 279 feet 9 finches
20 east of Sherbourne. Hills Road,
City of Danville, County of
21 Contra Costa, State of Califor-
nia.
22
Circumstances Giving
23 Rise To Claim: On or about February 10 1985 ,
24 Claimant was a passenger in
a, motor vehicle operated by
25 one Timothy Sledge i"n the
vicinity of Camino Tassajara
Road near Sherbourne Hills
26 Road, in the City of Danville,
II
1 County of Contra Costa, ;' State'II
of California. At said time
2 and place, the motor vehicle
occupied by Claimant (veered
3 into the shoulder area of
the roadway, went out of con-
troi, and overturned approxi-I
mately three ( 3 ) time's and
5 came to rest upside down on
said roadway.
6 N
That portion of Camino Tassajara�
7 Road where the accident occurred
is at all times herein men-
8 tioned, owned, designed; con-
structed, maintained, � and
9 controlled by the County of
Contra Costa and constituted
10 a dangerous condition of ' public
11 property which condition existed
at the time of this accident
12 and for a sufficient time
prior thereto so that said
condition was known, or should
13 have been known, to theCounty
of Contra Costa to have created
14 a substantial risk of the
15 type of accident involving
Claimant, MARNI S. BRINES,
16 in that said portion of " Camino
Tassajara Road had excessive
17 amounts of gravel, dirt, and
other foreign material on
18 the paved portion of the 'roadway
which proximately contributed
19 to the happening of this acci-
dent and the injuries and
20 damages sustained by Claimant,
MARNI S. BRINES. That the
21 County of Contra Costa ',` failed
to take any action prior to
22 the accident to correct this
dangerous and hazardous
23 condition and further ; failed
to provide adequate or any
24 warning of same.
25
26
j
-2-
N
-
I Itemization Of Injuries: Claimant sustained multiple
head, neck, and back injuries;
2 the full extent of which is
3
presently unknown.
-
4
5 DATED: May 9, 1985 BENNE RI TI & JOHNSON
6
7
By
Johnson
t ey for Claimant u
9 r
14
11
12
13
14
15
u
a
16
17 —
18
19
20
21
22
n
23
24
25
26
—3—
a
4
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT June ll, 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:Betty Christine Snodgrass County Cou spi
u
Attorney:Fred Caploe MAY 14 1985
Williams , - Caploe & Robbins Martinez, CA y4553
Address: 1060 Grant Street, Suite 201
Benicia, CA 94510 By delivery to clerk on
Amount: Not less than $5 , 000. 00
Date Received: May 14, 1985 By mail, postmarked on May 13 , 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: May 14, 1985 PHIL BATCHELOR, Clerk, By d Deputy
HE 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. /s-- - By: -- ! Deputy County Counsel
III. FROM: Clerk 'of the Board TO: 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.
I�
( ) Other:
I certify that this is a true and correct cop of the Board's Order entered in its
min tes for his date.
Dated: PHIL BATCHELOR, Clerk, By OQAAd , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6)-months from the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection With this{,
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are 'copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for 1 e to esent a late claim was mailed
to claimant.
DATID: -II�S(� PHIL BATCHELOR, Clerk, By o , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
I
I Cpl
LAW OF/ICES
VIII
WILLIAMS. CAPLOE & ROBBINS
CHARLES J. WILLIAMS 1000 GRANT STREET, SUITS 201
A PROFESSIONAL CORPORATION P. O. BOX 0GB TELEPHONE:
FRED CAPLOE BENICIA, CALIFORNIA 94$10 (416) 226/3840
A PROFESSIONAL CORPORATION (707) 740.1011
JUDITH A. ROBBINS
May 13, 1985 j
Clerk of the Board of d
Supervisors
County ,Administration Blvd. , Rm. 106
651 Pine Street
Martinez, CA 94553
Re: Claim of Betty Christine Snodgrass Against the
County of Contra Costa
Date of Incident: March 12, 1985
Dear Clerk
Enclosed is the original and one co of a Claim
PY r
gfor
with reference to Mrs . Snodgrass' accident in the
Courthouse.
Please file the original and send the conformed copy
to me 'in the enclosed envelope .
Thank you for your attention to this matter. If there
is anything further that you require at this time,
please do not hesitate to contact me.
Sincerely,
Fred Capioe
FC:ss
Enclosures 3
FP:. IED
,'
tiA (4) 1985
VF BbTC!T'0.0
ter^
'ER
Cc:
CL-AIM TO: BOAFJ) OF SUPERVISORS OF CONTRA C _5&� p.;c
A ' "ya
cl� . ,r ,,-6 - I a- tion to:
Instructions to ClaimantC!e-k of the Board
Martinez,Califomia 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause' of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of tupervisors
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
o this form.
RE: Claim by )Reserved for Clerk's filing stamps
BETTY CHRISTINE SNODGRASS
P IV
9
Against the COUNTY OF CONTRA COSTA) 'Fi' 14 185
or DISTRICT) N'X BAT-HF!.Oil
Wiffllfnnam�e
Ula�
The* undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the SUM Of $ NOT LESS THAN _$5,000
and in support of this claim represents as follows:
-- ------ - --- ----
i-.--Q.E;-n-a-la-the-damage--o-r--i-n-j-ury-occur?- (Give
-exaci-
March 12, 1985 at 8:55 a.m.
-------------------
2. Where dxd the damage or in3ury occur?---Un—c-1-u-de—city and county)
Lobby of Contra Costa County Courthouse Annex, Martinez,
Contra Costa- County, California
3. How d7id---the---damage--o-r--injury--occur?---(Give_Z-u-11_2;i;i r 1s, use extra
sheets if required)
Claimant was sitting on the couch in the lobby. When other people
arrived to sit down, she slid over to make room. When nearing the
end of the couch, the cushion suddenly lifted on the opposite end
and claimant slid off into an empty concrete planter box 1 (continued)
---------- - --------T------------------------------------------
4. What particular act or omission on ,the part of county or district
officers , seryants or employees caused the injury or damage? '
The cons ruction of the couch makes it unable to support a single
person sitting on one end when no one sits on the opposite end to
hold down the cushion. Also, the uncovered, empty planter box
presented an unnecessary hazard since it is immediately adjacent
to the couch.
(over)
r5. What are the names of- county or district officers, servants or
employees causing the damage or injury?
Unknown at this time
it
-------------------:----------------------------------------------=-------
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage) Middle finger of left hand was broken, causing claimant' to
incur medical expenses, loss of work, pain and suffering. as far
as presently known.
=--------- -------
------------------------ ------------------------------ -'
7. How was the amount ciaimed. above computed? (Include the estimated
amount of any •prospective injury or damage. )
Claimant is still under a doctor' s care and has been referred to'
.an orthopedic surgeon for further treatment of the injury. Amount
____ _ of _damages_is imkossible-to-determine _a_t__t_h_i_s__t_im_e_. __________
Names and addresses of witnesses , doctors and hospitals. i -
8 �,
County Hospital it
Martinez, California 94553 ,
(Staff doctors)
WITNESSES : See Attached Sheet
--------------=-------------------------------------------------- -------
9. List the expenditures you made on account of this accident or '-injury:
DATE ITEM AMOUNT Ii
To Be Provided When Total Has Been Ascertained
Ilk
I,
Govt. Code Sec. 910.2 provides :
"The claim signed by the, claimar.
SEND NOTICES TO: (Attorney) or by some person on his behalf.
Name and Address of Attorney
Fred Caploe laimant s Signatu e
A Professional Corporation 281 Safari Way
P. 0. Box 698 Address
Benicia, CA 94510 Pacheco, CA 94553 u
Telephone No. (415) 228-3840 Telephone No. (415) 676-5635
NOTICE
Section 72 of the Penal CodeP rovides: 9
I
"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'lpay
the same' if genuine, any false or fraudulent claim, bill , account,', voucher,
or writing, is guilty of a felony. "
it
ATTACHMENT TO:
Claim of Betty Christine Snodgrass v. Contra Costa County
r
i
i
#3. (continued)
which was uncovered and had nothing around it to grab on
to to. stop the fall. Claimant put out her hand to catch
herself, falling on the hand as she went into the box.
It was necessary for others to assist her in getting out
after the fall. �
' IIS
#8 . ;(Witnesses)
Marcia Woolworth Fon Weller
1260 Orange Street 540 E. Military
Concord, CA 94518 Benicia, CA 94510
Linda Freeman
4561 Park Hill Drive
Placerville, CA 95667
Janet Weller a
281 Safari Way
Pacheco, CA 94553
Ii
I4
it
'Ii
41 A
CLUX
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT June 11 1985
governed by the Board of Supervisors, ) The copy of this document led to you is your
Routing Endorsements, and Board ) notice of Ltie 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 Sect
ion„ 913
and 915.4. Please note all "Warnings".
Claimant: Roy Myers County Counsel
Attorney: MAY 15 1985
Address: 5835 Atlanta Avenue, Apt. 1 Martinez, CA 94553.
Richmond, CA 94804
Amount: Unspecified By delivery to clerk on
Date Received: May 15,, 1985 By mail, postmarked on May 14. 1985
I. FROM: Clerk ,of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
0 0
Dated: May 15 , ' 1985 PHIL BATCHELOR, Clerk, By -0 Deputy
Cer
nn V li
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 eomply substantially with Sections 910 and 910.2, and we '°are
so notifying' elaimant. 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: ) Countyounsel, (2) County Administrator
{ ) Claim was returned as untimely with notice to claimant (Section 911.3).
a
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 cop of t Board's Order entered in its
minutes for this date.
Dated: PHIL BATCHELOR, Clerk, By0 , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6)-months from the date of11
lthis
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 915.6.
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 topresent a late claim waslimailed
t claimant.
DATED: - _ PHIL BATCHELOR, Clerk, By I JAI Deputy Clerk
cc: County Administrator (2) - County Counsel (1) �I
fvr ATM
'ex'a�_':.:.....,,.:.-e„ .._....m-..,�,:,,....,_..- aa,.srw.,.......•.,,._..�....::a..•� ..^....:;• .,;:..,t G.,:..i ,..,,_aa� +'_;,. �_._a ._.S:.e.[S.-a. *.,B:iz."s...�...v�ksc's; ,a_,.S..ruiu: ,,._ _
CLAIM:TO: , -:..BOARD-OF-i'SUPERVISQRS Or 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
Mo
later than' the 100th :_day after,'the :
.,...;� _ .....:,....�..oacmco..>........: .:..,:..:7..o- ....-.,.,.. >_.-•.,,.._,�._:�y''.,..:.:.r_.[c.:i_:.W>_.....t :.:.:._,-, ..:s>- - v •zn:__„as....a a. ... _.
5. What a: e the names of county. or distret `cffi+cers, serants"�nr;' �
employe„„ps�daui itiig the damageor naur 3 f
.w�
6 IM -t damage ;,or injuries do you claim resulted? (Gave full extent
of injuries ;or damages claimed Attaoh two estimates#46-i.- uto °
,} .15 r2M ink,
Al
7 How was t. .- amount -claimed above 'coinputed? (Include the estimated
amount 'of .any prospective an}ury or damage ) �”
s s
-- ---------------- ------ ---= --- - - -
Names and addresses bf .wtiiesse ,- doctors ' and .hospital sT
y
S
kt
h
�'. .v v.
t �,-a:<'it d;k, f`d ktt .. fi . +, -�; '#-- d - * -#. s. .m ..• . _
9.. Lust the expend%tures you made on account of this accsdent• or injury,..
:DATE .1 ITEM
AMOUN
v
.: - , .. ”- s 't,t+ r fir•b' 4 "x'
-, , w :r •.x+.-t -�L ' w tJ Ri=d c
Go rovides .'
Govt. Code Sec '910 2
P
"The clasm signed by:;the• c arrant
.SEND NOTICES. TO z. (Attorney) " 4• or: 'bg some, person on his`aehalf
Name and Address of A .
Cla ma 'sJA
Si atur�
ss
,�z•�� YF 4 .. u, � — _ � Mir
Telephone No ,.Telephone No. � G'
R-u£. 4 S p- >•�tC ..tib
r
NOTICE
Section ,7?xof the Penal Code provides--..
Eves y .person who, with intent to defraud, presents for allowance nor
P. p+.�,•s7 M .
for.. payment;ao any s�tatejboard or officer;, or _to any county, town, sca,ty
distric ,�rward or village board or officer, author'ized: to show orr payq°
the same of 'genuine, any false or fraudulent plain , bill, account; _voucher.,.
or, writing, `as guilty of-.a felony " � .' k 4
- .'� * '+?:yM,t•3Y4 *�` E t - 'vys�d..�•4�n:'fio-�"� i' 3 i
. �� 4•" •�'" t -max t h t c$r. .s '''!a '" '.a ' PIE + r
rr,. .yl s' :..,at�x.....F r -`t rti F h.$m Y v,,,a, titin*r 'r✓" ,k^y J 'CG'•' - ='
-',.. ,,'., .x Cp tea+� �,5 „. Y z •� -t y ~.< '. ,_� '4^
-;±.,*e"JIJ:
"S
CLAIM. TO: _ wBOARD.;OF,;.SUPERVISORS OF, CONTRA COSTA ,COUNTY
Instructions ;:o`tCla mast
A. ', ;C alms relating to causes of action ;for. death or .for.. injury to
}
person or to personal property-.or growing cropsmust be presented ',
'`;not later, than the 100th day after the accrual of the�cau�eof,
action.' -Claims relating"to 'any other' cause=of>action must
presented 'not 'later than one year :after,. the accrual ;of the cause ,
of action. (Sec. 911._2, ..Govt. Code) ��
B ,Claims mustbe: filed with _the Clerk 4.
of _the Board of Supervisors
at "Its office inRoom �County Administratoi�Building, b ;Pr�e
Street, Martinez , CA 94553 Lor: mail to ;P.O: ;Box 911; MartJLne
C: If claim is against..a district':governed by Ythe' Boar$, 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,. separatclaims.
must be filed against each public entity.
hh G4YY u+•,X.
E. Fraud. See penalty for fraudulent claims, 'Penal Code Sec. �2at end
of form. r i
, ,,_;_ :*##***iFik****it*****************dt********•***#*#**'*************it*******#fir**
RE Claim by` _ _ )nese ve Tor -L sy i ngstamps
-.
Y °>
.S.L .. ..
t
IAy,
Against the COUNTY ;OF CONTRA COSTA) fk,t
i:• s - /
C E4°B PIS nl 'L q5^✓ r 3 s
�r a �r 2.K. .. . .; :DISTRICT) .... ...
Fill in name) )
,
r.:
The undersigned claimant hereby makes claim against. the .County of, Contra
; ..;,Costa,:or the above-named-District in -the sum of; $ tt
and in support of;'this .claim"r'epresents as follows:
When did the derma a or injury occur? (Give exact date and hQtzr) j r� .
+
'c.Y." x
Where did the damage or injury occur? (Include city and county) {
4 (/J�'a
�"�, Qr/j►'{ L Gam. //L(����y��/fir/ y e
%
� a,
3. -.How did the damage or -,injury :occur. ., (Give full details, use extra
sheets if .required) `
- i
t r r R <.�yLJ�S1/ fI�' .. � r ✓ s ,r "�, r r'+, .w ,$ "'j" 'Sr y "'
Z
_� T Y+F �' r f d� S ��{'G"~Y%.-.ti},. -°a ..t: _ x r�3'.a...t. ~T 7 —.—'�^--`•c —:v .G i=AF,n �= +x,,"3'3, ..-:Y isn T'�lfiN' �-ah*�'�:
4. t, What particular act or omission, ons,the:-;Part iof ;county "or-
0
or i district
, 4 t� officers,- servants =or employees caused thein0ury nor damage?
.� i U '"` `' CX..� � �w,rt 1.;-���3' car t���r>'. ,,+`, i��x!"'}x7r a Ser• 'rf'
-
•.. i ra;St + ''ay�.x' � aft .. ,:s S. ', p:3da r 9 ri �tW s,"s fe: , -*c uS '. ✓ (over).
.411q+ 4" r `.. .t i i ''}t z F x •- 1
5., What arse the nates- of cd my or d�str, ct`4ff vers, rvants 0 A
employees eausirrg .the damage ar injury?:
1.0 C. i�.o-...w�'—f �ft#? F
6.. What damage-_or ;injuries do you clam resulteds (Give .full:lextent
of �njuries..or :damages ,claimed. Attach estimates for
auto
Atta est
damage)' �
. r 14
NO
7.+7Howwas�th�e amount-claimed above. -computed? °(Include the estimate'
amount of :any prospective in,}ury# '''damage ) t
#7
t h
i V w✓
8. Names and addresses: of witnesses, doctors and hospitals,
x
a+
If
x 4_- T
9 La41
st the expenditires you made on .account�of this accicert or:"injury
r DATE TEM r
AMOUNT =
� .,yyyy yyyyyyP y'_y.yyyy. yyyy,__y.y. y yyy yyyyy J.yy yyy,y,yy,y. yyy yyyyyyyy ,yy yyy1 y. yyy,y-y .
:Govt. Code Sec. ' 910`.2 provides
"The claim signed,,by the claimant
SEND NOTICES TO• '(.Attorney)'-
or by "som"e °person °cin his` behalf.
"
-
"'Name and Address of Attorney
. 7. Cla_ma Is Sz a
es ,
�a1
s
f'6,
P : > L Te lephone
Tele hone 'N
o. =..s
�� .�:i.f w,* _:y.. + �r'�` r .. }.: �y.p.S+ ,s_• .x ,e 4'. 'iN ,"�kT5
NOTICE ,.
Ski-
Penal Code`,provides
,Section 7s"''sof the
"Ever` erson. who., with intent to defraud, presents for allowancear
Y P t c {
or payment oto ;any ;state board or officer, or to ,any county, w own, ty. F,
distrct,�ward ;or iage board -or--d: freer=, 'authorized to`. allow or pay �;Y ''
the same f genuine, tang false tr f raudulent c la zm, bpi l, account voucher:,.
or writ is guilty of a felony. "
,
.�i :-» d ,,,,, her t --✓� - ... It. A '-"' t` 4 ,
,
y .;
CSpeadfset®Moore
'CODE N-NEWU-USEDR-REBUILT WRIGHTS WHEEL ALIGNMENT & BRAKE SHOP
UAN. r, PART NO.DESCRIPTION PRICE AMOUNT -
1350 - 23rd. St. REPAIR ORDER NO.
Gr SAN PABLO, CALIFORNIA 94806 . 2747
ID L Ca. Reg. AC 13237 S PHONE(415) 233-7497
Name Date
A.M.
L4&VA
A4 rr
Address �i f,/Written By
� Pha e
� 3S-2tZ
Year and Make Model / Motor No. Retain
Parts
'plo'eter License Promised Destroy
.`*/ A.M. Parts
P.M.
ONUMBERf INSTRUCTION AMOUNT ..
I
t
L
of i
all
1
C I`�LaN T m�
ESTIMATE AMOUNT LABOR [� '
ADD'L.AUTH.AMT. TIME BY
r !r TO JU L
ADD'L AUTH.AMT.
ADD'L.AUTH.AMT.
ESTIMATE TOTAL TOTAL LABOR 00
1 hereby authorize the above repair work to be done along with the necessary material,and hereby grant you andlor your employees permission to operate the car,
truck or vehicle herein described on streets,Mghways or elsewhere for the purpose of testing and/or inspection.An ezpress echenic•a lien Is her TOTAL PARTS
acknowledpetl On above car,truck or vehicle to secure the amount of repairs thereto.You will not be held responsible for bas M dam to vehicle particles IB 0
in vehtole in base of fire,theft,accident or any other cause beyond your control
Work Authorized by X �t2L TAX ,2p
— Date Promi d
Delivered to Date Deliv ed ON TOTAL
ORIGINAL COP
Os
Mira Vista
Tire & Brake
5218 WAL(4 V 20 R gH2 OND , CA
6AYOLS
-? I L;F-6,
R1(7�4's c�ec,J�jYL cv�u-n2Q� .,4� ��#�Sv
LA460 56 ob
TA
JACK JOHN • ROGER
T
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFMMU
c BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT June 11 , 1985
governed by the Board of Supervisors, ) The copy of this document mailed to you is your
Routing Endor:3ements, and Board ) notice of Lhe action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings".
Claimant: City of San Ramon County Counsel
Attorney: Thomas D. Marp l e
NY Y 1 4 1985
650 California Street-2nd Floor
Address: San Francisco, CA 94119 Martinez, CA 94553
Amount: Indemnity By delivery to clerk on
i
Date Received: 5/14/85 By mail, postmarked on _ May 13, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Mav 14. 1985 PHIL BATCHELOR, Clerk, By `l Deputy
--A7 n Cervelli
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
This claim complies substantially with Sections 910 and 9110.2.
( ) 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).
1
( ) 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: <ST- /,-7 777 By: Deputy County Counsel
III. FROM: Clerk of the Board TO: ( County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD CMER By unanimous vote of Supervisors present
(>d This claim is rejected in full.
( ) Other:
I certify that this is a true and correct cop of t Board's Order entered in its
miny�tes for �s date.
Dated: lO-�(- PHIL BATCHELOR, Clerk, By a , Deputy Clerk
WARNING (Gov. Code Section 913) ��
Subject to certain exceptions, you have only six (6)-months from the date of this
notice was personally served or deposited in the ma.il'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 mediately.
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 leaveto eslent a late claim was mailed
t4 claimant.
DATED: PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) - County Counsel (1)
CLAIM
Thomas D.Marple
Brice B.,Hangv't
David A.Hirshik
Arlene.i,.Halverson
.Thomas J.Trachuk Law Offices of
G.Michael Galum THOMAS D. MARPLE
'Gerald A.Buckosky 650 CALIFORNIA STREET—2ND FLOOR
Judith R.Cherney
Lynne A.Thomas P.O.BOX 3615
Stuart L.Smits SAN FRANCISCO,CALIFORNIA 94119 Sacramento Office
Suite 122
Telephone:(415)434-3106 3620 American River Drive
Sacramento,California 95825
Telephone(916)486-1470
May 13 , 1985
Certified Mail
.� 'C V f
County of Contra Costa
Board of Supervisors 141
651Pine
Martinez, CA 94553 2 `'�".r3`'T�'' `"'
'G •p :Q1 ,M r-,
Attention: Clerk
Re: Rosemarie Herke v. City of San Ramon, _et al .
Contra Co'st'a Superior No'. , 261832
Dear Clerk:
Enclosed please find our Claim Against Contra Costa County
concerning the above captioned matter.
We `will appreciate a timely response from you.
Very trey ."Y i rS,
David A. Hirshik
DAH/al
enclosure
CLAIM AGAINST COUNTY OF CONTRA COSTA
1. Cl.-AIMAk'S NAME (p'r**Int): CITY OF SAN RANDN
2. CLAIMANT'S ADDRESS: Wo law Offices of Thomas D. Marple
(address) (city) (State) (Zip Code)
3. A11OUNT OF CLAIM �Inde�rrnity PHONE NO. 415/434-3106
4. ADDRESS TO WHICH NOTICES ARE TO BE SENT, IF
DIFFERENT FROM LINES I and 2: (print) LAW OFFICES OF THOMAS D. MARPLE
(Name)
P.O. Box 3615
(Street 'or P.O. Box Number)
San Francisco, GA 94119
(City) (State) (Zip Code)
S. DATE OF ACCIDENT/LOSS:_ May 7, 1984 (Date .Complaint answered: May 13, 1985)
6. LOCATION OF ACCIDENT/LOSS: r4 t;, of San RaM=1 1 i farni n
7. 'HOW DID ACCIDENT/LOSS OCCUR:. M3,0 :izebicbe ijbich ffie Dlgintiff u�s dri-Ving-�d
suddenly as a result of an abrupt drop off in the Pavement of a pu} lic roadway c=wnly
referred to as San Rarrm Valley Boulevard, approximately 1/4 mile North of Alcosta
Boulevard.
8. DESCRIBE INJURY/DA'iAGE/LOSS:- Plaintiff sustained bodily injuries
9. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY/DAMAGE/LOSS, IF KNOWN:
10. ITEMIZATION OF CLAIM.Ilist items totalling amount set forth above):
INDENNITY
-TqTAL t $
11. Signed by or on behalf of Claimant:
12. Dated: 13 1
CLAIM
r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIPMM
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT June 11, 1985
governed by the Board of Supervisors, ) The copy of this document mailed to you is your
Routing Endorsements, and Board ) notice of Uie 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:Rosa Tatmon County Cottneo,
Attorney: MAY 14 1985
Address: 842 Harbor Way Martinez, CA y40o�
Amount: Richmond, CA 94801 DFyr�e�iveun Aflmn.'
ry c er on May 13, 1985
$5, 000. 00.
Date Received: May l' 13, 1985 By mail, postmarked on May 10, 19 8 5
I. FROM: Clerk .of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated: May 13 , 1985 PHIL BATCHELOR, Clerk, By O-LA" Deputy
CUM1ervelli
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 claimants right to apply for leave to present a late
claim (Section 911.3).
( ) Other:
bated: -.5- By: Deputy County Counsel
III. FROM: Clerkof the Board TO: ( ) 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
P,
�� This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy f th d's Order entered in its
minutes for this date.
Dated: PHIL BATCHELOR, Clerk, By ji4La , 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 aoourt 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.
I'
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 ent a late claim was mailed
to claimant,
DATED: � ((- 5 PHIL BATCHELOR, Clerk, By U , Deputy Clerk
i
cc: County Administrator (2) - County Counsel (1)
i .
CLAIM
4
u
Contra Costa Count,
RECEIVED
TO: COUNTY ADMINSTRATORS OFFICE n MAY 13 1985 .
1 CONTRA COSTA COUNTY
2 651 Pine Street Office of
Martinez, California 94,553 COUn!.,• Administrator
3 Rosa Tatmon hereby makes a claim against the County of Contra
4
Costa for the sum of $5 ,000. 00 , and makes the following
5
statements in support of the claim.
g �
Clai{mant 's post office address is 84Z Harbor Way, Richmond,
a
7
California. u
8
1. Notices concerning the claim should belsent to Rosa Tatmon,
6 p
844�Harbor Wag, . California.
Richmond, Californi
r
10
2. The date and place of the occurrence giving rise to this
11r clam are February 7, 1985, Department , 14 of the Superior
12
Court, 725 Court Street, Martinez,, California 94533.
13 3 . The circumstances giving rise to this claim are as follows :
14 On the above date at the above place, claimant was leaving the
15
spectator area (public gallery) and tripped due to the
1 U.
16 approximately six inch difference in height between the floor
17 of the public gallery and the walkway between the public
18
gallery and the courtroom entry door. The difference in"
19 height was not discernable to the claimant. The claimant
20 fell forward and struck her headfirst ag inst a metal coat
21 stand and then the door of the courtroom. 11
22 4 . IThe claimant' s injuries are an acute whiplash type 'injury
23 to her neck and acute scapula costal syndrome.
24
5. EClaimant 's claim as of the date of this claim is for
25 $5 ,,1000. 00 '
26 6. The basis of .computation of the above� amount is as follows:
27
Medical expenses $300.00, Pain and suffering $4,700. 00.
28 Dated: May 10, 1985 I &� �,
R sa Tatmon
�V
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
• BOARD ACTION
June 11 , 1985
Claim Against the County, or District ) NOTICE 70 CLAIMANT
governed by the Board of Supervisors, ) The copy of this document Mailed to you is your
Routing Endorsements, and Board ) notice of L'tje 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 Cod Section 913
and 915.4. Please note, all VAIKOUn°a
Claimant: Syb Jan Vandertuin
MAY 2 0 1985
Attorney: Douglas A. Akin CA 9553
li 0 Howard Street Suite 740 Martinez,
Address: San Francisco, CA 94105
Amount: $720, 00. 00 anprox. By delivery toclerk on
Date Received: May 14, 1985 By mail, postmarked: on p May 14, 1985
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: May 17 , 1985 PHIL BATCHELOR, Clerk, By 0Deputy
n CerveIli
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 4nd 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 claimantfs right to apply for leave to present a late
claim (Section 911.3).
I
( ) Other:
Dated: S- ?7-- 7Z, 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
mi tes for this date.
Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk
i
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 °oouat 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 lea a to ent a late claim was mailed
to claimant:
DATED: ���� PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
CLAIM
{ aunty�OunsQ�
LAW OFFICES OF G4AY
lz w
DOUG
STREET,svITENao 1 5 7985
DOUGLAS A.AKIN J SAN FRANCISCO.CALIFORNIA-94105 Martinez,
PAUL A.CONROY If (415)983-4740 CA 94 h+y
PAMELA L.HARWOOD
May 14, 1985
i w i
BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
Claims Department F` �sT +F, E
651 Pine d of - Ge^otv
Martinez, CA.
Re: KAROL FESSLER vs . SYB JAN VANDERTUIN
Contra Costa Superior Court Action
j No. 253718
To Whom It �May Concern:
Iu
Please take notice that Mr. Syb Vandertuiln resides at
151 Lavorna Road, Alamo, California and who is represented by
the Law Offices of Douglas A. Akin, 120 Howard St!. , Suite 740,
San Francisco, CA. 94105 , presents a claim to the County of
Contra. Costa.
The incident that gives rise to this claim occurred on
or about December 5, 1982 at approximately 17 hours at the in-
tersec.tion� of San Ramon and Bollinger Road in unincorporated
Contra. Costa County. As a result of the vehicular accident
which occurred at the above mentioned location, Karol Louise
Fessler has presented the above mentioned Superior Court Action
for personal injuries and has named as defendant ''Syb Jan
Vandertuin! N -
This claim seeks apportionment of damages, for any in-
juries and%or lossess sustained by the plaintiff 'iFessler. A
copy of th6 complaint is attached to this letter.�
Itis the contention of defendant Vandertuin that the
County of Contra Costa was negligent in its design and of main-
tenance of1the aforementioned intersection. Attached herewith
you will find a plaintiff's response to request for statement
of damageswhich indicates that plaintiff' s special damages are
approximately $20,000 , general damages $200, 000 and exemplary
damages in+ the amount of $500,000.
Mrl. Vandertuin was served the aforementioned suit on
about March 27, 1985 . Therefore, this claim is made within
the 100 day statutory period. 4i
n
i
BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
Page Two Re: FESSLER vs . VANDERTUIN
Any communications, written or oral, with lex. Vandertuin
regarding this claim is to be directed to the Law Offices of
Douglas A. Akin, 120 Howard St. , Suite 740, San Francisco, CA.
94105. ,.
Very truly yours,
4 r
i
DOUQA A. AKIN
DAA/gs
attc s .
i
i
i
L
IP
r
i
4
i
i
I
I
L E ,
oii,;, v.—i"Y 11, "'ll I L fFOR COURT USE ONLY
ISS:' (4 15 )
jl�
Push S t r e e!t , Suite
titanFrancisco, CA 94 104
,NT,TOR"JEY FOR(uA)AQ Pla i.11 ti-f LS
11*1 name of court,judicial di!;llicl or branch court,it any, and pos', uIl,cc, ar)(!
CONTRA 'COSTA COU:-;,1-11
SUPERIOR COURT1
1) . O. Box 911
Martinez , CA 94553
NOV 2 IJ M3
T I
XAPOL LOUISE
OL FEN D A N T
SYB JAN VA N J.-iE RTU I N ATA,Tj,'j) SERVICE (-0.
DOES 1 T 0 C.1 t .13-1 V 0
CASE NUMBER.
CIONIPLAINT—Persolial Injury, Proportky Dainf-ige, W.,ongfLI1 Death
MOTOR VEMULL: (SPt?C1fY):
[ nUftif Death
-X-3, Properly DA:Tilage 2 5371- 8 7
11_zpersc-nal -1 0!hur Damages (specify): p,
a Z
1. This pleadifflgl. inicludillf, :3t!aC1in10[)1S ;md Consists of the folio,.,.ing number of pages:
I J
2. a. Each plaintiff In;;meg r.!)OVC is Zi CUMJ)C'1r'nl :Null
E] Except if itiff (name):
J
Curpor,100f) qualified 1c) do hu!-,moss in California
ncorporaled erility
a public entity(describe):
a minor EJ an ;if1k1!t
Ifor
I f - whom a C of O. --i of Mor cjwirdian ad Iiiern has been appointed
I of
other
other, city)-
Except vif�Iinliff (nanie).
xcc
a corpn(alion qualified to do business in California
an u r iincorporated criti!y(describe):
[—]a Pu ;ic entily(descri.be):
[7a minor [-:J an adult
I or whom a guardian or cni-iservator of the estate Of a qUardian ad lit(,,(n has been appointed
tiler(spocity):
[- other)
I.
b. Maintiff (Aame):
is doing b'usiness under the fi(,I:Iic)tjs name of
I
and has joniphud v--ith the fictilious business n,--ime Paws.
InformMlon about Additional pl;lifltiffs who ate not Corti pelu 111 "Idilit-, is "'hov"n in ccmplaint—
Adachrne,nt 2c.
(Continued)
Form Appro'ed by 114
JU,,';Ci;),COL.:,Cil Q!Ca;;!olnia C'0 M P LA I N T--ru.,sonaf Injury, Propoily ,Mirnz)je
Dlecli,c January 1, M2
Rule 982.1,11) I Wrongful Death
CCP 425.12
ZA
S.1tORT TITLE: CASE riu#ABER
FESSLER v. VANDERTUIN 2 3'718
COMPLAINT--Personal Injury, Property Damage, Wrongful Death- r��-"aA pne two
3. a. Each defendant:'named above is a natural person
Exoept delendan!(nar„e). Q Except detendant(name).
WESTERN ALLIED SERVICE CO.
Q a business organization, form unknown (Q a business organization, form unfcnown -
Q a corporation ( :] a corpotation,
Q an unincorporated entity(describe). [Q an unincorporated entity(describe):
Q a public`entity(describe): a public entity(describe):-
Q other(specify): [_ other(specify):
Q Except detendant(r,arrro): Q Except defendant(name)
a business organization, form unknown Q]a business organization, form unknown
Qj a corporation ];l corporation
[� an unincorporaled entity(describe): ED an unincorporated entity(describe)
a, public entity(describe):
(-_].a nubiic eiiiiy(describe):
t •
Q other(specify): Q other (specify):
b. The true names and capacities of defendants sued as Does are unknown to plaintiff. -
c. [Q Information about additional defenoants who are not natural persons is contained in Complaint,- ..
Attachment 3c.
d. Q Defendants who are joined pursuant to Code ol'Civil Procedure section 382are(names)
A. Q Plaintiff is required to comply with a claims statute, and
a. Q plaintiff las comptieci.with applicable'claims statutes. or '
b- plaintiff is excused from complying because (specify):
S. This court is the proper court because a ``
[ at least one clete'ndant now resides in its jurisdictional are ai.
N �
the principal peace of business of a.corporalion or unincorporated association is in its jurisdicliona!
® injury to person or damage fo person-at property occurred rn ils;furisrtict,on,-it area " � *
6, fX] .The foli' wing pa`ragraphs'of this complaint are alleged on inforination and belief(specify paragraph numbers):
(Continued)
•ShtORi•TITLE -` --- - --- - _ . _.___._...---- -- ------- --
. CASE t:uta BER !�,5.3 '718
C
•.' FESSLER V. VANDER,rulN
COMPLAINT—Personal injury; Property Damage, Wrongful Death (Co
niinu(:d) Page !h
7._.Q The damages claimed for wrongful death and the relation:hips of iplaintiff to the deceased, art .•;
[�listed ih Complaint—Attachment 7 (_-]as follows: Y r
B. Plaintiff has suffered
(�wage loss lots of use of property
®hospital and medical expenses
1Y3general damage
® propertyi,damage [X3loss of earning capacity
Q other damage(specify): 1L
z
n P.
It
9. Relief sought in this complaint is within ;he jurisdiction of this court.
10. ,PLAINTIFF PRAYS
For judgment for costs of suit- for such relief as is fair, just• and equitable; and for
compensatory damages
(_$](Superior Court) according to proof.
•" - (�
(Municipal and Justice Court) in the amount of S. _. . .._ .
[� other(specify):
s
11. The following causes of action are attached and the slalernents above apply to each:(Cacti complaint must have
one or more causes of action attached.)
Motor Vehicle
General Negligence
Inlenlional Tort
[�Products Liability
Premises Liability
[�Other(specify): Y
" -,.+'•`WC} Y .. - '. - - f a 5Rd - PT� t� l�y SL
{ x
FRF DE RICK W. BRADLEY
r - --- -
(Type or pnnl Warne) pta,nidl or ano ney)
1(17
COMPLAINT—,� Page three
"r ersonal Injury,, Property Damage.
Rule'9oz.t(r)(cont'd)' Wrongful Death (Cor tinue,.d) ':CCP 425.12
fStapt�•3 it`t.E: ------- -_._____ _,. ---.—._:_ eA�,ct:u,:r:Cst �-
! 9- 45371-
I' ,FIESSLI R v. VANDEIR'TUIN
CAUSE OF ACTION—Motor Vehicle Page __4__---
(nurrlber)
ATTACHI,,ENT TO [> gCornpfaint (_„Cross-Comiplaint
(Use a separate cause of action form for each cause or action.)
Plaintitt (name): , KAP'OL L. A'I SST,F'R
MV-t. Plaintiff alleges the acts of defundarli s v,Csre nu-;hgent-, the r,cts :vire the setj)af (proximate) cause of injuries
and damages to plaintiff: the acts occurwd
on(date): ; Dec e-m1b(-2r 5 , -'9982
I
at(place): Stan RilillOn 1301_1.1.e14r-rd
Contra Costa Cot.anty
MV-2. DEFENDANTS
a. [\I The defendants %vho oper;,Oed a motor vchiCle are (rsarr,es): S YB JM VANDER'rUIN
:r
Does ---�— - to . x----
b. L�;3 Th6 defendants who employed the pef: ;ons who oper;llud a,nolor vehicle its the Course of their employment
are�(n�rrtes):
ALLIED SERVICE CO.
P,-X Does ......j___ to
c. t_Xj The, delcndants who owned the motor vChicir, which v:ns operated with their permission are(names):
Vh,,STFAZN ALLIED S3 RVTCE CO.
iyti7,Does___ _-_-._._. to _-_—
d. Ln] The defendants w:,io entrusted the motor v :hicic a!e (i,QrncS):
i•;'}�S'PERN ALL.(.ED :>;.'7?V:tC:tW Co.
tj Does,__:i-=--- . to .. ... X - -
e. IXD The defendants v.-ho were the ;+gcnta rind e nployces of the oU,e:r dcfcnd;,nts and acted within the scope
of file agency were (names):
SYB JAN VANDY,,RJ'UIN
M Does to .__-.X_.
f. �] The defendants who are liable to plaintiffs for other reasons and the icasons for the liability are.
F_�]listed in All<>chinent IAV-2f ( - a follows:
u Does_._.---..__._._..._ to ._
Form Ap pgoved by the
JudiCial Cour•Cii Of CalilO,nia
[elective January 1, 1982
1luie;482.1(2) i CAUSE OF AC1-1QN,Motor Vchicie CCP425Ji
.�:� ,,.__.:_..:�-«..-.__:..�-e..-.:::..a_.x=.,....-.....-i:_.._. ua.r:.::._...a..�..��.s:�,a..a:r.�.•w....• -- -'e_�._.]+._t `-�..iY 2 :iC
SHO4T TITLE: '
. 1{
CASE NUMBER r� p{�
FESSLER V.VANDERTUIN u a !
II �� CAUSE OF ACTION-=',General Negligence �.;Pagtt ``x5
(numlxr)� —
M
ATTACHMENTtTO_ Complaint Cross-Complaiht
1
(Use a separafe causo oli action form for each causo o1 actionPi
"
GN-1 F'lainhtf(name): KAROL L. FLSSLER
4
alleges {hal defendant(name):
h s e
SYB' JAN VANDER'.PU.IN, IVES T RN Aki,TFD fCO. .a
M Does — I --- to- _X
was theI[legal (proximate) cause of damages to plaintiff. By-'the follo.W'ing acts or omiss,ons o act defendant
negligently caused the damage to plaintiff y. ,Rrnr
r
on (date). December 5 , 1982 ,
at(place): San Ramon Boulevard
Contra Costa County i� K
(description of reasons for liability).. Defendant ; WESTERN ALLIED CO , riegl gently
entrusted a, 1977 Ford Van motor vehicle to SYB JANVANDERTUIN- when
defendant, WESTERN, knew or should have known that defendant`;:.SYB
JAN VANDERTUIN, was not dualified, or capable of operati_.rig said
vehicle; that SYB "
7AN VAND3:R'.t'UTN, had a history or, pattern of
negligent vehicle operation and that defendant ; SYB ,7AN .VANDE'RTUIN,
would !he under the influence' of i_n :i:
t0xcants' while op6ra,-ing ;said.
vehicle .
Defendnt, SYB JAN VANDERTUIN,; negligently operated `and 4con='
t.rolle;d said vehicle as to cause it to wronl4gf..ully' collide with
plaintliffIs '.1971 Toyota Celica motor vehicle, in violation o.f State
Law and the rights of plai.nti..f_f_f, causing extensive damage to;:'said
vehicle and ''p.laintiff' s personal property whereby "plaintiff,'.u tainec
and , Y ;P . .
great permanent, physi-cal and cmot:i.onal ;injuries =
Defendants , and each of them, ;negligen'tly. f.ai]_ed to maintain
and service said vehicle in a proper and safe condi tion and such
condition contributed to or caused _za'id col]..i_sion aril resulting -
damage's and injuries .as alleged. - Said acts' or failure ,.were - so
in violation of State Statute.
Defendant, SYB . JAN VANDERTUIN,. attempted .to and "'dzd operate'
and control :;said vehicle %.hile under the influence of ini ox> cants.
Wherefore :
plaintiff i� entitled toexemplaty damages
1
Forrn Approved dy the
Judicial Council ot'Galitornia
Enective January I.A982
Rule 982 t(a) ;, CAUSE OF Ac rION—General Negligence CCP 425.12
t{ ? a I
` .£ lt '}- C:3F Vt CS-ix t� I' ] ( by ' •t." P.G"t Yf -.
SAGA T TITLE: � i CASE NUMBER2 C, 3 7 18
AS$LER v. VANDERTUIN tt11 1.
III _ CAUSE OF ACTION—Intentional Tort Page .6
�numtxtj .
j
ATTACHMENT TO [WComplaini [-DCross-Compiairit
(Use a separate Cause of action faun for trach cause of action.) n
rs
I
Q;t
IT-t. Plaintiff name)' KAROL L. FESSLER
i
alleges that defendant(name): F
SYB JAN VANDEIRTUI WESTERN ALLIED CO
Does _-_ __ to
was the legal (proximate) cause of damages to plaintiff; By the following acts or ornissions to act, defendant
intentionally caused The damage to pfaintift
on (date):' December 5, 19$2
at(place): San Ramon Boulevard fi. Th
Contra Costa County
(description of reasons for liability): "
Defendant , SYB JAN VAN DER`I'UIN, prior .to : and during ;the operation
of said! vehicle , consumed intoxicants and attempted to . and did
operate said .vehicle while under the influence of said 'into'xicants .
The consumption of said intoxicants , inclucling' but not limited' to
alcoholic beverages , and the subsequent operation of said motor"•'
Vehicle i by defendant was intentional , w.iilful , reckiess ,.:andin' ',
conscious disregard of plaintiff ' s rights and safety, caused ,the':
damages and injuries as alleged herein,
`.
Defendant, WESTERN ALLIED CO. , knew of defendant SYB' J
VANDERTUIN' s propensity and of invention to* .perate motor -vehicle
while under the influence of intoxicants and, in conscious 'disregard
for the" rights and safety of plaintiff, entrusted sa-id vehi.cle ';to
defendant, SYB JAN VANDS'RTUIN, causing damages and i njuriesx a11'eged
herein,;
wlierefare , plaintiff is eiitit-led to 'exe'mplary damages as' set
forth t erein. .:
{ r.
.. i� _v• {r / - - fir..• S -- ,,,�t X +�. Y .
,
r•otm Approved 4 the u gy -
«urjic;a{Council Of Cifilornia
'E ieclsvc.January 1.198: y
_ rxw saa :I CAUSE Or ACTION Tort ccP:zs.,z
�},iQRT i tTl.E: CnSE r+vr+t3ER
• I' FESSLtR v. VANi)LW.11UIN -
Excmplary Darnages Attachment Page
ATTACHMENT O' j-XIC01n0aint []Cross-Complaint
EX-1. lis additional damagcss agaitist defendant (r,,rrne):
I '
SYB JAN VANDEI RUIN
Plaintiff alleges defemdant was guilty of
Q malit;e
CKX fraud
CKS oppression
as defined in Civil Code section :3294, and piOntiff should recover, in addition to actual damages, damages
to make 4an example of and to punish dcicndant.
E_X-2. The AS supporting POMITS claim are as follows:
Defendant , SYI3 JAN VANDI R`1'UIN , prior to and during the
operation of said vehicle , consumed intoxic"ants and attempted
to and did operate said vehicle while under the influence of
said IOntoxicants . The consumption of said intoxicants , in-
cluding but not limited to alcoholic beverages , and the
subsequent operation of said motor vehicle by defendant , was
intentional , willful , reckless and in c onsgious disregard of
J
plaintiff' s rights and safety , caused the damages and injuries
as alley d herein .
Defendant , WST ERN ATA.i ED Co . , kn(2w of r_a Mnciant , SYI3 JAN
VAND ,RTU1N ' s, propensity and intention to operate motor vehicle
while under the influence of intoxicants and , in conscious
disregard for the rights and safety of p.lai&iff , entrusted -
said vehicle to defendant, SYI3 JAN VA:1DI.ITEM , causing damages
and injuries scat forth herein .
Wherefore , plaintiff is apti.t_,lad to ex'c mplary damages set
forth herein.
1
{
3. The amount of c!xam lar damages sought is
EX-3.X p Y
a. [�J not shown, pursuant to Code of Civil Procet-itrre section 425.1,0.
& [&I s S00 , 000 . 00
w f girrr ripPtav4d by Ma—�--------____ ----...
JudiCiet tr"MO M cK oms
MOW O January/, ISB2
nuta9arl(o) Exec?1placy Damages AttachCient GCPi2SI2
w
. 3
1 13RADL.EY & CUR LEY
LAW CORPORATION
2 100 BUSH STREET.SUITE 1812
SAN FRANCISCO,CA 94104 +,
3
(415)421-3120
4 CABLE: LAW CORP
5 ATTORNEYS FOR Plaintiff
6
7 p
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF CONTRA COSTA
10
11 KAROL LOUISE FESSLER, )
)
12 Plaintiff , ) NO. 253-718
}
13 vs. ) PLAINTIFF' SRESPONSE TO
} REQUEST FOR STATEMENT OF
14 SYB JAN VANDERTUIN, et al . , ) DAMAGES
(C.C .P. §425 . 11)
15 Defendants. )
)
16
17 TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD:
18 Plaintiff , KAROL LOUISE FESSLER, hereby responds to your
19 request for the nature and extent of the damages claimed by plain-
20 tiff , as follows :
2; SPECIAL DAMAGES : $20 , 000 to date according to proof .
22 GENERAL DAMAGES : $200 , 000
23 EXEMPLARY DAMAGES : $500 , 000
24 DATED: January 9, 1985
25 BRADLEY & CURLEY
26
FREDERICK td. BRADLEY
Attorneys for Plainti�