Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MINUTES - 06251985 - 1.46
q CLAIM a` '" . BOARD OF SOPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE 1O CLAIMANT June 25 , 1985 governed by the Board of Supervisors, ) The copy oft s document ia3ed 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 larn ng�" Claimant: JAMES BANKS OSI qunsel Attorney: MICHAEL D. TUCEVZCH fi1AY 2'1 1985 Address: 1901 Rail-road Avenue Martinez, CA 94553 Pittsburg, CA 94565 HAND May 20, 1985 Amount: By delivery to clerk on $1, 000, 000, 00 - Date Received: May 20, 1985 By mail, postmarked on 1 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: May 21, 1982HIL BATCHELOR, Clerk, By ; 'S/� -� Deputy 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 - 7-5 5 By: Deputy County Counsel III. FROM: Clerk of the Board TO: ( County unsel, (2) County Administrator ( ) Claim was returned as untimely with notice ., o 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 d's Order entered in its mi tes 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 corm action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for lea to gh pp y present a late claim was mailed to claimant. DATED: PHIL BATCHELOR, Clerk, By oil Wd4o , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 1 MICHAEL D. TUCEVICH RECEIVED ATTORNEY AT LAW r 198 2 190.1, :Raii'roAd" !weir:ue 0 r ��°' Pittsburg, CA 94565 3 IELOP (.4.15) 439-8381 r�+iLs.4OfSUPL �JPL CLERK BOARD :'/ISC'F, 4 Attorney for claimant BY 5 i CLAIM AGAINST THE COUNTY OF CONTRA COSTA 6 TO: CLERK, BOARD OF SUPERVISORS 651 Pine Street 7 , Martinez , CA 94553 8 CLAIMANT' S NAME: JAMES BANKS 9 CLAIMANT' S ADDRESS : 4280 Oakdale Place 10 , Pittsburg, CA 94565 BUSINESS ADDRESS : PITTSBURG POLICE DEPARTMENT 11 55 Civic Avenue , 12 Pittsburg, CA 94565 CLAIMANT' S TELEPHONE: (415) 432-2352 13 14 BUSINESS TELEPHONE: (415) 439-4980 1 15 AMOUNT OF CLAIM: $1,000 ,000 .00 16 ADDRESS TO WHICH NOTICES ARE TO BE SENT: MICHAEL D. TUCEVICH 17 ATTORNEY AT" LAW -1:90, -Railroad, Avenue 18 Pittsburg, CA 94565 19 DATE OF OCCURANCE: February 15 , 1985 20 PLACE(S) OF OCCURANCE: Pittsburg/Martinez , California 21 MANNER IN WHICH CLAIM AROSE: 22 'An investigator employed in the office of the District Attorney 23 was "contacted by two officers from the Pittsburg Police Department 24 who `claimed to have found a small bindle of cocaine on top of a i locker of claimant, Lt . James Banks . The investigator, Alan 25 Sjosttand , met with said officers in a private home and learned. 26 that possible evidence of criminal activity had been removed from 27 the ;,Pittsburg Police Department surreptitiously, never having been logged into evidence nor reported to any superiors within the 28 established chain of command or to Internal Affairs , nor were -any -1- 1 any written reports prepared concerning tbe . particular s and 2 complete circumstances and details surrounding the alleged 3 discovery of a small bindle of cocaine on top of a locker used; by claimant , Pittsburg Police Lt . James Banks . Sjostrand 4 further learned that no effort had been made to' pbotograpbor 5 to otherwise preserve tbe. alleged crime scene. 6 'The subsequent actions taken by r,-_--presentatives of , various 7 county agencies , including the District Attorney's office, were 8 negligent and contrary to established practice and procedure which 9 exist to safeguard possible evidence and afford appropriate pro- tections to any accused individbal . 10 11 1 . The investigator failed to follow established and commonly 12 accepted procedure with respect to interrogation and/or taking 13 statements by failing to separate the two individ-udl*sF: wheii,*t*a� kin& and recording their statements . The effect was to allow each 14 to bear the othersaccount of events and to supplement or correct 15 one another to the detriment of the accused. 16 2 . The investigator failed to properly interrogate the ind- 17 vid'ual,s.'. .° by allowing conclusory assertions such as "I believe 18 Lt ., Banks uses cocaine" or "But he is in financial , he has finan- cial problems . I know that for a fact" to go unchallenged-,without 19 even the most rudimentaTy attempt to ascertain the basis for those 20 statements . Even a totally untrained i,fidiv:Ldual _.woUl&mo:st likely think to inquire "wby". or "how" the person making the assertion 21 comes to such a conclusion. Here, no attempt was made to ask 22 23 Noattempt was made to check the accuracy of such ch foundatLonal, 24 facts . For example, the financial difficulties of claimant, if any, could have been ascertained by running a TRW credit check 25 or,, by a supobena for claimants bank records . NPAtber was attempte( . 26 3 . The investigator should have been alerted to factual diffi- 27 cullties when Sgt. Harris described Lt . Banks as being "under the 28 influence of something" on the night in question. Due to I " . . . the -2- �. _... . 1 difference in his mannerism as when I first came to work which 2 was at quarter to eleven as opposed to seeing him at 11 :45 . . . He seemeda little bit sleepy the second time I saw him. " It is 3 common knowledge that cocaine is' an amphetamine, :�a. stimulant to the 4 central nervous system, known in street parlance •as an "upper" 5 hence if claimant had in fact been using cocaine he would not , .in all „likelihood have been "a bit sleepy. ” No effort wa_. Liade by the 6 investigator to ascertain any other objective symptoms of alcohol 7 or substance abuse (ie . ordor of alcohol , constricted pupils , etc . ) 8 that may have been exhibited by claimant. 9 ;4 . There was some as yet unknown prior relationship between 10 Sgt: Harris and the investigator since Harris hada home telephon 11 number of investigator . 12 ; 5 . Representatives of the district attorney' s office fsi�led 13 to establish any link of claimant to the alleged bindle of- cocain 14 other than the representations of either : individiial •No fingerpri is of claimant were found on the packet (but there weLr_ prints of on 15 of the alleged "finders") , .no background check of claimant was raa e 16 nor any independent attempt to verify the allegations of the two 17 officers which even they recognized as being weak at best ("I know there ' s not enough to go out an arrest Banks . There 's no question 18 you can ' t arrest him"--Sgt. Harris) . Despite this acknowledged 19 lack of evidence , representatives of the district attorney ' s 20 office chose to forgo further attempts to investigate and instead elected to embark on a fishing expedition at claimant' s expense. 21 For instance , in place of any additional evidence or inculpatory 22 information, district attorney representatives secured a "stateme t" 23 of 'a Special Agent of the California Department of Justice, Bureall 24 of ,Narcotics Enforcement , Bruce A. Hopkins , to opine that : i, a. cocaine and its residue and paraphernalia " . . .are often 25 found in the residences of cocaine users . .. " and therefore a search 26 of `claimants home was justified. 27 b. That "cocaine and its residue are commonly transported in motor vehicles . " Hence a search of his automobile was justified . 28 �. . � ;. c. That "cocaine and its residue... . are often found in the lockers or storage areas . . . at their place of work" hence a searc i -3- 1 of his locker and personal effects were justified . 2 'd . "Lam aware that cocaine and its residue and associated parapbernalia are easily concealed in the person' s clothing, or 3 secreted in a body cavity. " This alone, incredibly enough, was 4 used to justify a strip-search of claimant . 5 All !of the above references are by one i6dividual . witb absolutely no personal knowledge of events and without any additional -indici 6 of information indicating any link whatsoever to claimant . Based 7 solely on this agents opinion, and without any additional informa - 8 ion., district attorney ' s representatives sought and received a warrant from the Superior Court to search claimants body cavities 9 home, car , locker , and personal possessions . 10 Such a procedure was totally lacking in any essence of due 11 process and could not have been used to justify a search of the home of a known drug user much less a police officer with an 12 exemplary record of service . Searches which were obtrusive and 13 excessive in nature and lacking in lawful foundation. 14 15 6 . MANNER OF SEARCH: ' , a. Representatives of the district attorney' s office apparent y 16 made preparations to have a SWAT team stand by in :case:-the :claima. t 17 were to resist . This despite the fact that claimant was totally unaware of any allegations against him and was easily summoned to 18 the station where he worked . Actions clearly out of proportion to 19 the, situation. 20 b. Representatives of the district attorney' s office violated 21 claimants legal rights . Section 3300 et seq. of the California 22 Government Code (commonly refered to as the "Policeman ' s Bill of Rights) provides : 23 "The public safety officer under investigation shall be 24 informed of the nature of the investigation prior to any interro- 25 gation. (emphasis added) . Claimant was questioned for some time before he was told of the cocaine allegedly found on top of bis 26 locker-- a clear violation of the law. 27 c. The Code also provides : 28 "The fact that a public safety officer refused to take a -4- 1 polygraph examination is inadmissible at any subsequent trial , 2 hearing, or any judicial o-- administrative proceeding. ... No record of the fact that a public safety officer refused to take -a 3 polygraph examination can be taken." The letter -and spirit of the 4 law is clear . The district attorney' s office, however , have disclo ed 5 to' a ,number of outside parties , including the press and a citizens 6 group from the city of Pittsburg, that Lt. Banks was not"cleared" because he refused to take a polygraph examination. 7 In the first place , these representations are untrue . Claimant 8 in fact requested a polygraph examination be administed to him on the evening he was questioned . A certified polygraph examiner was 9 t present at the time and could have given claimant such an exam. 10 Investigators themselves chose not to accommodate claimant ' s wishes 11 and elected to proceed with the searches . Therefore , .the actions of the district attorney were actionable in that these statements 12 were made with full knowledge that a complete .search _of c1a.imant ' s 13 home, car , locker, personal effects , and a strip search of his 14 body proved him innocent . In addition , a complete and exhaustive 15 lab ;,examination of claimant' s blood and urine revealed absolutely no trace of any illicit substance. These public statements were 16 false and calculated to publicly embarrass and humiliate claimant , 17 and 'to deflect public criticism and attention away from the actions 18 of the district attorney' s office . - 19 `7 . DIFFERENT STANDARDS WERE APPLIED TO CLAIMANT: 20 Via . Acase with similar allegations involved Atlanta Braves outfielder 'Claudell Washington. He was spotted driving his car 21 on February 18 (three days after claimant ' s began) at '2 :45 am 22 after the .bars closed , and was stopped .by Walnut Creek Police for 23 driving "erratically." In plain sight was a small quantity of marijuana in a plastic baggie . A search of the interior of his 24 vehicle revealed a quarter gram of cocaine in the closed center 25 console directly at the right hand. of the driver . Washington was 26 arrested . A quick check revealed that Washington had a history of cocaine usuage, voluntarily undergoing a drug dependency treatment 27 program following the 1983 season. 28 On March 7 , the district attorney ' s office announced that -5- i 1 Washington would not be charged with possession of cocaine. 'Incred 2 ibly,', the DA' s o££ice indicated there was no evidence that Washing- 3 ton knew the narcotic was in his car. There were no usuable finger- prints nor was any additional paraphernalia found in the .car or 4 on Washington' s person. "The additional charge of possession of 5 cocaine was not filed due to insufficient evidence that Washington 6 had knowing possession. . ." Therefore, despite the time , the- erratic driving., the marijuana in plain view, , the cocaine `•in a - 7 closed console in the vehicle registered to Washington, and a 8 prior history of drug usuage , the district attorney's office con- 9 eluded there was no case. Yet claiman%s case, which began before that of Washington by three days , was still continuing.' And there 10 was ' no strip-sear6bi.of Washington; ;no.:additional-..seo.rches of-,,his`-. 11 home;, locker., or other personal effects ; nor a proffered polygrapf . 12 8 . THREAT OF IMPLIED BLACKMAIL: • 13 • Following news accounts of what happened to claimant and 14 following a meeting in the office of the district attorney, a a 15 request was made to the district attorney. to "clear" : claimant' ss - good name . Thereafter , by letter dated February 25'. 1985 , the .16 district attorney refered to a female that claimant exchanged 17 Valentines with on the evening in question. Knowing the claimant is married and the fatherof children, theDrefered ,to; this female 18 as claimant ' s "girlfriend" -and requested information as . to'"how to 19 locate this person, as ,a -,possible witness *to claimant ' s sobriety. 20 The inference was clear since the district attorney' s nvesti gators had already ascertained the female ' s identity from claiman 21 on the evening of his initial questioning and .had not sought to 22 question other officers who- had worked the same shift with'.'-'-.. 23 claimant, including i�ndivid.uals :fully .�train:ed= to .recognfte'' any 24 objective symptoms •of both alcohol and substance abuse. Further, the -issue .of alcohol could not be of any concern to the. district 25 attorney's office but would •be strictly an internal matter for 26 . the Pittsburg Police. .Claim ant so advised the district attorney 27 ' by`- letter dated March 2 , 1985 and to date ' we have .not received anj► .response or further information 's requested 9. EFFORTS TO INTERFERE WITH CLAIMANTS ATTORNEY/CLIENT 2 RELATIONSHIP: 3 During the course of the "investigation of claimant(After 4 the results of the searches and lab tests revealed no linkage to 5 claimant) repeated suggestions were made to claimant that things ' could be "worked out" if claimant were to get rid of his attorney. 6 One instance, in particular , involved a representative of SupervisDr 7 Tom Torlakson, who indicated to claimant that she had spoken to 8 the I'district attorney and he had suggested that if only the claimant and he (the district attorney) could meet alone something 9 could be worked out. Such a suggestion from the prosecutor that an 10 accused meet without counsel present is clearly improper and in 11 violation of the rules of conduct governing all attorneys . 12 110. OTHER INSTANCES : 13 a. The DA' s office failed to respond to or acknowledge claima C ., 14 letter of March 2 , 1985 . 1 15 ' b. Failed to provide any information requested by claimant 16 such as lab reports , tapes of witnesses including claimants own 17 statement . To date claimant has only received the search warrant with affadavit , consent to search form,return to search warrant , 18andI, receipt for property seized . To date, none of the seized itemE 19 have been returned to claimant despite the termination of the DA' E 20 investigation and the statement of the DA that there was-no evidence found which even tended to link claimant to cocaine or any other 21 illegal or illicit substance . 22 c . To date , claimant has not received any writing, phone call 23 oriany other communication from the district attorney 's office concerning the result of the investigation. Claimant has since 24 received a copy of the district attorney ' s press release from a 25 member of the press . 26 Finally, the representatives of the county knew or should bav� 27 known that at least one of these officers had on earlier occasion ; 28 -chosen to bypass internal guidelines and procedures of the Pittsbirg police Department, and have made claims which were later establisie6 -7- • i 1 to be without substance and unfounded . 2 3 No evidence of any kind was found to exist which would in any way -tend to link claimant to any wrongdoing following a complete 4 and exhaustive investigation. Yet , claimant has suffered a very 5 painful , humiliating experience and considerable damage to his ., fine reputation which is likely to affect his opportunities for 6 advancement within his chosen profession as a pplice officer . 7 8 DATED: May 15 , 1985 9 10 11 12 Michael D. Tucevich ' Attorney for claimant 13 14 15 16 17 18 - 19 20 21 22 23 24 25 26 27 28 -8- Gary T. Yancey office of District Attorney Contra District Attorney Court House,Fourth Floor Costa P.O.Box 670 Martinez,Califomia 94553 (415)372-4500 County February 25, 1985 Mr. Michael Tucevich Attorney at Law 4000 Crestview Drive Pittsburg, CA 94565 RE: Lt. J. Banks Investigation Dear Mr. Tucevich: There are several avenues of investigation which need resolution, if possible, before the investigation can be closed. However, the cooperation of Lt. Banks 'is required. First, at our meeting on February 21, 1985, I inquired as to whether or not Lt. Banks was willing to take a polygraph examination regarding the possession of the bindle of cocaine. To date, we have not received an answer. Second, during the interview of Lt. Banks by the representatives from this office, he related that he would furnish a list of property he said was missing from his jewelry box and locker. That report has not been received. Third, Lt. Banks stated that he had exchanged Valentines with his girlfriend on the evening that the bindle of cocaine was found. We would like to locate and interview that woman, particularly to ascertain her opinion as to Lt. Banks' sobriety at that time (recall Sgt. Harris' opinion). -Enclosed for your convenience are several documents you may not have received (Consent to Search, Return to Search Warrant, and receipt. for property seized) . A speedy response to the above requests would be appreciated. AGARYy yours, J ANCEAttorn GTY,:cs Enclosure T`?l" r ICHAEL D. TUCEVICH AT ORNEYtCOUNSELOR AT LA%�* )Mj2MMX30WRr7jX PITTSBURG..CALIFORNIA 94565 (415)459-8381 4000 Crestview Drive March 2, 1985 Mr. Gary T. Yancey District Attorney Courthouse, Fourth Floor P.O. Box 670 Martinez, CA 94553 Dear Mr. Yancey, This is to acknowledge receipt of your letter dated February 25 , 1985 concerning your investigation of Lt. James Banks . You indicated there were several areas of investigation which were in need of resolution and you requested Lt. Banks "cooperation." I will address your concerns in order . 1. You stated that you requested that Lt. Banks willingly. submit to a polygraph examination at our meeting of February 21, 1985 , and that "to date, we have not received an answer." That is not accurate. I stated quite clearly at that time that I would not allow such an examination. As I indicated then, Lt. Banks repeatedly indicated his willingness to submit to such an exam on the night he was questioned and strip-searched . In fact, he requested such an examination in order to "clear" himself. Your office was in charge of the investigation and chose not to give him one . It is my under- standing that your investigator, Allen Sjostrand, who was present at that time, is a certified polygraph examiner and could have accom- modated Lt. Banks ' desire for such an exam on the spot. We can only speculate why your office decided not to perform such an examination at that time, however, it seems inappropriate to request one at this time in light of all the other evidence, available to you, which clearly confirms Lt. Banks ' claim of innocence. For instance,- your office has searched his car , locker, house; taken .samples of his blood and urine, and strip-searched his person. He was completely- clean in all respects . Your office ran the packaging of the bindle for fingerprints-- Lt. Banks once again came up clean. Therefore, I am at a loss to comprehend why you believe Lt. Banks still has some affirmative duty to prove to you his innocence. He has cooperated fully with your every request, but at some point enough is simply enough . The allegations against him are clearly unfounded and are not supported by any credible evidence whatsoever. Further, your office must be aware that a civilian worker was arrested the day before the bindle was allegedly discovered for possession of cocaine . He was working in the locker area. Since your office failed to dust the locker for fingerprints we are unable to determine if this indivual had any contact with Lt. Banks ' locker . In any event, it is certainly a factor which should have been considered by .your office. 2. The list of items reported missing by Lt. Banks has been made available to, and is on file with, the Pittsburg Police Depart- ment. I have advised Lt. Banks not to touch or, in any way handle I BANKS PAGE TWO any such reports on file in order to avoid even the possibility or appearance of tampering. Therefore , we suggest you contact Sgt. William Hendricks at the Pittsburg Police Department who is the custodian of the records you seek . 3. The identity of the female witness you referred to was clearly stated by Lt. Banks during his initial questioning. Since the entire proceeding was tape-recorded, we respectfully suggest you simply review your own file. I must admit I am at a loss to comprehend why Lt. Banks ' "sobriety" is in issue at all . Is he now accused of some other allegation? We were under the impression that the sole allegation under investigation was the possible possession of cocaine. We must therefore question the relevance of such an inquiry or even assuming for the sake of arguement that it were true , what possible concern it would be to the District Attorney' s office . Such an allegation appears to be an internal matter for the Pittsburg Police Department. Further , it seems strange you would seek to interview a civilian witness completely untrained in noting the objective signs of either intoxication or substance abuse as to her "opinion." However, we invite you to satisfy yourself and interview her fully as to her opinions and observations . We further respectfully suggest you inter- view as well the other officers on Lt. Banks shift that evening. For yourinformation and convenience they are: Officer Weiden: was on light duty and hence in the station the entire might. My client informs me they conversed over a three hour period . Officer Bradley Officer Greenberg Officer Stroup Officer Sanchez Officer Parker Lt. Aaron Baker: relieved Lt. Banks and conversed with him .prior to Lt . Banks ' departure. It should be further noted that Lt. Baker is fully ,trained to recognize the objective symptoms of both alcohol and cocaine. To date, he has not been interviewed by your office. 4. I will acknowledge receipt of the documents you enclosed. I have not yet been furnished , despite my request, copies of any and all statements made by my client or any other witness interviewed during the investigation. I have not received the lab results as requested. For yourinformation, section 3300 et seq. of the Calif- ornia .Government Code (commonly referred to as the Policeman's Bill of rights) provides : ' "The public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or com- plaints made to investigators or other .persons , except (those deemed confidential)'. "The interrogation may be recorded, and -iU it is , the public safety officer shall have access to the tape if any further - pro-ceedings are contemplated or prior to any further interrogation at a subsequent time." . BANKS PAGE THREE The Code also provides: "The public safety officer under investigation shall be informed of .the nature of the investigation prior to any inter- rogation." (emphasis added) . My client informs me that he was questioned by your office for some time before he was told about the cocaine allegedly "found" on top of his locker. If true, the manner of questioning was obviously inappropriate and in violation of the law. Interestingly, the Code also addresses the use of polygraphs in the course of an investigation of a public safety officer. It clearly frowns on the use of polygraphs as having no evidentiary value, "The fact that a public safety officer refused to take a polygraph examination is inadmissible at any subsequent trial , hearing, or any judicial or administrative proceeding."(emph4sis added) . (See also Aengst v. Board of Medical Quality Assurance) ana further provides , "No record of the fact that a public safety officer refused to take a polygraph can be taken." Both Lt. Banks and myself are anxious to resolve this unfor- tunate incident. Inasmuch as there is absolutely no credible evid- ence whatsoever against Lt. Banks ; the fact that his fingerprints do not appear on the bindle allegedly found on top of the locker; a complete and exhaustive search of his home, his car, 'and his locker and -personal effects turned up completely clean; a complete scientific scan of his blood and of his urine turned out completely clean; he was strip-searched and came out clean; and, finally, the arrest of the civilian worker .the day before for a similar offense who was working in the area of Lt. Banks ' locker-- all of which lead even the most ardent investigator to the inescapable. conclus- ion that . the allegation against Lt. Banks is completely unfounded, false , and not supported by any credible evidence. There is no other rational conclusion. Lt. Banks recognizes that a . police officer holds a position of public trust and is therefore subject to strict scruntiny. He fully understands and expects that given the nature of the allegation he should be subject to an aggressive investigation. However, he also expects to have his good name and reputation restored to him by your office if the allegation is proven to be unfounded. Any such blemish or taint on this fine officer's reputation and promising career is clearly undeserved and grossly unfair. We urge you strongly to clear his name. Very. truly yours , Michael D. Tucevich Attorney at Law ,IES COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THS PEOP(9 OF THE STATE OF CALIFORNIA, to any sheriff, policeman, or peace officer in the County of Contra Cosh ". ;-PROOF by affidavit having been made before me by ALIEN SJOSTRAND that there is probable cause to believe the property described herein may be found at the locations set forth and that such property is seizable under 1524 P.C. in that it: i was stolen or embezzled; XX was used as the means of committing a felony; X is possessed by a person with the intent to use it as a means of committing a public offense; OR is possessed by another to whom he may have delivered it for the purpose of concealing it or preventing its discovery; X—is evidence which tends to show a felony has been committed or a particular person has committed a felony; is evidence which tends to show sexual exploitation of a child, in violation of Penal Code 311.3,has occur- red or is occurring; YOU ARE THEREFORE COMMANDED TO SEARCH: THE PREMISES located at and described as: 4280 Oakdale Place, Pittsburg, California. The property is on the west side of Oakdale Place, south of Fairoaks Way intersection. The house is single story, with brown stucco exterior with darker brown wood trim. The numbers 4280 are in 'black, on the exterior wall to the north of the entry way. A large area of apparent patch material white in color is on an exterior wall , facing the street. The garage is attached to the house. including basements, attics,.storage spaces, appurtenant buildings, the surrounding grounds, and all containers therein and thereon which could contain any of the items sought. THE CONTAINER located at and described as: Locker Number 3 at the Pittsburg Police Department. This locker is in a locker room, located near the briefing room and the men's rest room. Iocker Number 3 has a decal on its door which depicts a clown inside a circle, with a diagonal line dividing the circle. 2) The storage sace assigned to and used by Jim BANKS in the Watch Commander s Oyfice of the Pittsburg Police Department. THE VEHICLE(Z) described as: A Datsun Z-type vehicle, dark blusih-grey in color, with black louvers across the rear window. It bears California license number IBN7716 including the passenger compartment, storage areas such as trunk and glove box, and any containers within the vehicle(s) which could contain any of the items sought. THE PERSON(Si) of James Lean RANKS, black male, date of birth Septetrber 10, 1949, 6-6' tall. SEARCH WARRANT-1 ...- . * .._ :_ 1' for the.foliowing property: 1. Coarine 2.' ParaEbrenalia associated.with the useage of cocaine, including but not limited `to the following: mirrors, tubes, sharp blades, ingestion devices, funnels, sifting devices, cutting material for dilution, plastic bags and bindle material, scales, and other weighing devices, containers of various types, .associated with the storage of cocaine 3. Items bearing apparent residue of cocaine, including any smooth surface item, pieces of paper, small plastic baggies, etc. 4. The source material for the bindle which was found insdie the small ziplock baggie. The source material is described as lined notebook type paper, and it is shown in the attached Photograph # 1. 5. Small plastic ziplock baggies, matching that shown in the attached Photograph # 2. 6. Samples of blood and urine from the person of James Leon BANKS, for toxicological testing. 7. One jewelry-type case, described as follows: 6 x 6 1/2 to 7", by 4 1/2 to 5" wide, by 1 1/2 to 2" deep. It has a goldish colored crushed velvet type exterior with a gold colored metal trim band, and a dark brown crushed velvet interior. The seizure is to include the contents of this container. 8. Personal property tending to identify the person or persons in possession of any of the above items which are found, or tending to prove knowledge of the contraband nature of the substance, including but - not limited to utility company receipts, bank receipts, rent or mortgage receipts, addressed mail which has been received, keys, snapshots, fingerprints, inscribed items such as clothing. and to seize it or any part thereof and retain such property in your custody subject to order of this court, pursuant to Penal Code Section 1536. - ODAOUUSE HAVING BEEN SHOWN by Affidavit, you may do the following which bears my initials: Ymay serve this warrant at any time of the day under Penal Code Section 1533. GIVEN under my hadated 2g this day of 1199 at� S '" p.m. Magistrate Judge of the Superior/ al Court, Judicial District. SEARCH WARRANT-2 Garr, T. Yancey Officeof District Attorney. Contra District Attorney r Costa r Court House, Fourth Floor � P.O. Box 670 r Martinez,California 94553 County (415)372-4500 `l I NEWS RELEASE March 13, 1985 Contra Costa County District Attorney Gary Yancey announced today that his office has concluded its investigation into the origin of a bindle containing .22 grams of cocaine found in the locker room of the Pittsburg Police DeYartment by Officer Webb on February 14, 1985. Though pleased with the quality and integrity of the effort, Yancey noted that he was somewhat frustrated with the lack of a concrete conclusion as to how and when the cocaine was brought into the locker room. The investigation was launched after the cocaine was turned over to- an investigator for the District Attorney's Office by Pittsburg Police Depart- ment's Sergeant Harris. • It was determined that swift, unannourcad action was called for because of the serious possibilities inherent in the situation, such as drug abuse on duty, tampering with evidence, setting-up a fellow officer, etc. On February 16, with the full cooperation of Pittsburg Police Chief Leonard Castiglione, and with the aide of the Contra Costa Sheriff's Departme:;t, ,• a team of District Attorney investigators armed with a search warrant, commenced an on-site investigation at the Pittsburg Police Department. One of the officers initially contacted was Lt. Jim Banks, on top of whose locker the cocaine was originally located in a jewelry box belonging to Banks. Banks freely consented to a search of his property, person, car, and home, and voluntarily provided urine and blood samples. These searches ., were conducted with the intention to prove or disprove, if possible, any connection between Banks and the cocaine. ¢_Nothing wasp `.found._that 'tended to link Lt. Banks with the ';use.:or possession of any;., illicit drug or narcotic, _including cocaine. : -2- In the days that followed, the investigation was pushed to find the source of the cocaine. Some 64 persons, including 21 officers, were interviewed. The District Attorney's staff and the Contra Costa County Sheriff' s Crime Lab expended over 475 manhours in the effort. Sgt. Harris and Officer Webb volunteered to take polygraph examinations covering their role in the finding of the cocaine; both proved truthful . A painstaking examination of the evidence stored in the Pittsburg Police Department evidence storage locker revealed no broken security or missing evidence. Thanks to a very professional job by the Crime Lab, the likely source of the suspect bindle of cocaine has been traced to contraband recovered by the police department in a 1982. investigation. 'No individuals are suspects at this time. The results of the investigation will be turned over to the Pittsburg Police Department for further action, if any are deemed appropriate by that agency. 7 i 1 . CLAIM BOARD OF SOPERVISORS OF CONTRA COSTA COulim, CALIPMM - BOARD ACTION Claim Against the 1 County, or District ) NOTICE TO CLAIMANT June 25 , 1985 governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Goverrinent Codes ) given pursuant to Government Code Section-913 and 915.4. Please note all "Warnings". Claimant: Mr. and Mrs . Jennings L. Brown, Mr. and Mrs . J. Keith Pacli�aood, Mr. and Mrs . David A. Glover, Gwen Mays and Marsha 1bubty""Sel Attorney: F. Michael Hanson, Esq. Ring , Athey,, Ginocchio & _Lane, Inc. , Vi AY 2 y 1985 Address: 1437 No. Broadway Amount. Walnut Creek, CA 94596 By delivery to clerk on Martinez, CA 94553 Unspecified in excess of $200,000. 00 Date Received: May 29 , 1985 By mail, postmarked on May 28 . 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: May 29 , 1985 PHIL BATCHELOR, Clerk, By �0,oj00Deputy n Cerve li II. FROM: County Counsel TO: Clerk of the Board of Supervisors .(Check only one) ( X ) This cl am complieto 0 stantially with ct ons � and 910.2c,, � � (-`3 � (0 0 �..� ( ) s claim LS to comply substantYally with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). .d 4e. s 2�yw (k ) Claim is not timely filed.A-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�(SSectiown 911-3). a- 1-- • a�, ct-� (X ) Other: ',.,�. .� _i_- Dated: - 30 - 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. C>< Other: lPortion of original claim not Previously rctur; ed aG iintimal v s reTected iu full 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, ByLL4M J L , 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 to esent a late claim was mailed t claimant. DATED: - �� PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) ID 1. 1 . n=r K—, 2 3 CLAIM AGAINST PUBLIC ENTITY 4 5 TO: THE COUNTY OF CONTRA COSTA: 6 Mr. and Mrs. Jennings L. Brown, Mr. and Mrs. J. Keith 7 Packwood, Mr. and Mrs. David A. Glover, Gwen Mays and Marsha 8 Nachtwey, hereby make claim against the County of Contra Costa 9 for a sum in a yet undetermined amount, presently estimated in 10 excess of Two Hundred Thousand Dollars ($200,000. 00) , and make 11 the following statements in support of their collective claim: 12 (1) Claimants ' respective post office addresses are: 13 Mr. and Mrs. Jennings L. Brown Mr. and Mrs. David A. Glover 249 Creekside Road 566 Creekside Road 14 Pleasant Hill, Cal. 94523 Pleasant Hill, Cal. 94523 15 Mr. and Mrs. J. Keith Packwood Gwen Mays and Marsha Nachtwey 570 Creekside Road 560 Creekside Road 16 Pleasant Hill, Cal. 94523 Pleasant Hill, Cal. 94523 17 (2) Notices concerning this claim should be sent to: 18 F. Michael Hanson, Esq. , Ring, Athey, Ginocchio & Lane, Inc. , 19 1437 No. Broadway, P. O. Box 97, Walnut Creek, California 94596. 20 (3) The circumstances giving rise to this claim are as 21 follows: 22 The claimants herein own improved residential property 23 along the Contra Costa Canal Trail in Pleasant Hill, California. 24 Over the time period in which that trail has been open to the 25 public, an increase in its public use and misuse has become 26 VG.ATHEY.GINOCCHIO. A LANE. INC. A PROFESSIONAL LAW CORPORATION 127 NORTN BROADWAY P.O.box 07 -NUT CREEK.CA 84696 — 1 (415) 996-0660 1 recently noticeable. At present and within the past few months, . 2 the claimants and their respective real properties have been 3 subjected to incidents of rock and bottle throwing, trespassing, 4 loitering, excessive noise, unleashed dogs, broken fences, 5 peeping Toms, littering, etc. , all of which have diminished and 6 continue to diminish the respective values of the claimants' 7 residential real properties. Furthermore, the County of Contra 8 Costa in conjunction with East Bay Regional Park District, 9 established a Thirty Thousand Dollar ($30,000.00) fund for 10 purposes of mitigating these types of problems, which fund, or 11 most of it, still exists and has not been devoted to erecting 12 aesthetically acceptable fences or other barriers along the said 13 canal trail for the benefit of the claimant property owners. 14 (4) Claimants' injuries are measured by the diminution in 15 value of their respective residential real property caused by 16 the circumstances of trespass, nuisance, invasion of privacy, 17 inverse condemnation, etc. , as set forth hereinabove. Unless 18 barriers or fences can and will be erected by the County of 19 Contra Costa , claimants will suffer real property damage 20 estimated in an amount in excess of Two Hundred Thousand Dollars 21 ($200,000. 00) . Alternatively, claimants' measure their damages 22 in the sum of Twenty Thousand Dollars ($20,000.00) , the estimated 23 amount necessary to erect aesthetically acceptable fencing or 24 other barriers along their respective property lines 25 26 M MEY.GINCICCH10. &LANE, INC A PROPMOSION" LAW CORPORATION 17 NORTH BROADWAY P.O.Box 97 2 4VT CREEK.CA:4596 4413) 935-0550 1 so as to acceptably mitigate the offensive circumstances noted 2 above. Q 3 DATED: May p�S , 1985. 4 RING, , GINOCCHIO & LANE, INC. 5 6 By F. M9=9AEL HANSON 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IM ATHEY.GINOCCHIO, III LANE. INC. A PROFESSIONAL ' LAW CORPORATION 437 NORTH BROADWAY P.0.BOX 07 ILNUT CREEK.CA 84388 3 4445) 93"550 .. - .. ..._.I .._. _. .. .. - ... _.._.._.._._..... ..:_..................----------.. .. ' , I BOARD OF SUPERVISORS OF CONTRA COSTA OOt1M, CALIFORNIA BOARD ACTION June 25 , 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 We 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 wWarn1ng0.;r* Claimant: Steve Chan Co +tY.Counsei Attorney: MAY 2 y 1985 Address: 6626 Claremont Avenue Richmond, CA 94805 flf�,'tinez, CA 94553 Amount: By delivery to clerk on $491. 38 Date Received: May 28, 1985 By mail;, postmarked on May .24, 1985 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. I Dated: May 29 , 19 8 5PHIL BATCHELOR, Clerk, By ' DeL4W—O�4 dputy nn Cervelli 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: 5 - Cs By: Deputy County Counsel III. FROM: Clerk, of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with noticeto 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 :cop of the Boar Is Order entered in its minutes for this date. Dated: - PHIL BATCHELOR Clerk � , $Y , 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 Boards copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for lear to present a late claim was mailed to claimant DATED: (n PHIL BATCHELOR, Clerk, ;By , Deputy Clerk cc: County Administrator (2) - County Counsel' (1) I CLAIM ,. . %CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions Lo Claimant i 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) . i C. If claim is against a district governed by the Board of Supervisors , rather than the County, the namejof 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 ) EKF IVEIJ Against the COUNTY OF CONTRA COSTA) A" or DISTRICT) PHIL BAT:-iELOR Fill in name) LERr.B I)Or SUPEFII_C.b By '�[iCDu� The undersigned claimant hereby makes claim against the Count of Contra Costa or the above-named District in the sum of $ "4' 1/ - 3 and in support of this claim represents as follows: ---------------------------------------------------------------- 1. When did the amage or injury occur? (Give exact date and ho dur) 2. Where did the damage or injury occur? (Include city and county) i 0�7s ��� ��.�` ��G`NST,/ ,4�� �� ,��•��tio ------------------------------------------------------------------------ 3. How did the damage or injury occur. (Give full details, use extra sheets if required) �c�cf, aj �i/Oo0 Ii�C��✓ ��on'� i�f7b Co vw� �dc/� 171, 4— //°0/�_— ( I've � C=0 .It, — �� /O --1111-It� o -�— --— — -- 4. What particular act or omission; on the part of county or district -- officers , servants or employees caused the injury or damage? `1 I (over) I 5. What are the names of county ,or district officers, servants or r �;- employees Causing the damage -or injury? I I ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates. for auto_ damage) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) �to/J t�/ --- ------v----/- -- °-- ---- --------- ---- - ---- ----------- 8. Names and addresses of witnesses, doctors and hospitals. i i -------------------------------------- ---------------------------------- 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) j or by some person on his behalf. " Name and Address of Attorney C1 imant's Signature /Address j7 �oN/x .Cd Telephone No. Telephone No. J6 1A 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. " j I B.A.R. #AK098158 Allied Body & Frame B. A. R. #AC 93792 1345 San Pablo Avenue 2311 Rheem Avenue • Berkeley, California 94702 Richmond, California 94804 Ph ne: 525-3542 Ph�oj�nje7 236-0769 NAME AA ADDRESS �`""�, PHONE NO. � MAKE YEAR STYLE 1/� ��`�" '/6ERIAL'# LIC.# ATE INSURANCE CO. ADJUSTER_ I Labor Labo Labor FRONTOF CAP Hours Parts Sublet LEFT SIDE Hour: Parts Subleti RIGHT SIDE Hours Parts SubIA1 BUMPER FENDER FENDER Bumper Brkt. Fender Skirt fender Skirt Bumper Guard Fender Ext. Fender Ext. Bumper Reinf. Fender Mldg. Fender Mldg. Bumper Pad W.O.Mldg-. W.O.Mldg. Gravel Shield Cowl Cowl Valance Headlamp Headlamp Headlamp Door Headlamp Door HEADER PANEL Sealed Beam Sealed Beam Grille Park.Light Park.Light Grille Mhig. Side Mark.Lamp .,' ;_.. Side Mark.Lamp Grille Brkt. !fZ/t 04r ' Vert.Supt. DOOR, FRONT Door Hinge Door Hinge Door Rainf. poor Reinf. CORE SUPT. Door Mldg. Door Mldp. Radiator Door Handle Door Handle Rad.Shroud Door,Glass Door,Glass Rad.Hoses Anti-Freeze DOOR, REAR DOOR, REAR Fan Blade Door Mldg. Door Mktg. Fan Belt Center Post Center Post Fan Clutch Rocket PanelRocker Parrl Rocker Mldg. Rocker M A.C.CONDENSOR QUAR.PANEL DUAR.PANEL Recharge A.C. Qwr.Ext. Quar.Ext. Air Cond. Line ver.Wheel Half. Quar.Wheel Hes. 009 Leg Dog Log Qwr.Mldg Owr.Mldg. HOOD Wheel,Open Mktg. Wheel.Open Mldg. Hood Hinge Fender,RearFender,Rear Hood Mktg. Tail Lamp Tail Lamp Mood Latch Side Mark.Lamp Side Mark.Lamp Ornament M . Name Plate Bumper Top Bumper Britt. Antenna Bumper Reinf. . Batter SPINDLE Bumper Guard Gas Tank Wheel Bumper Pad Frame Tire %Worn Bodv Panel ...... Cross Member Hub Cap Gravel Shield Motor Mts. Up.Cont. Arm Floor Undercoat Up.Cnnt.Shaft Towing&Storage Low.Cont.ArmLID ,:. `..:>'<:;::::: >:. .:.;;:;:; ::> :.. '`. Refinish As N•c6�- Low.Cont.Shaft Trunk Lid Mldg. —' RECAPITULATION Wheel Align. Trunk Hinge Trunk 14ck x —; 00Labor Hrs.K0_ `$ �C-.s WINDSHIELD Lie.Light �� Parts S _ Adhesive Kit Beek-up Lamp � Moulding Tax' S Open Items Material $ B the customer wishes to claim used and/or damaged path,pies"etweh thb box ❑ i 'I hereby authorize the repair work listed to be done along with the necessary parts and materiab.Trey car will be driven by your employees to make required tests at my risk.An express mechanics lien is hereby acknowledged On eooiH car or truck to secure the ,Sublet $ amount of repairs thereto.I herby waive the Statute of limitations and of any action on this account requires employment of an attorney 1 _ agree to pay t'r°.interest per month which is an annual percentage rate of 18%from date.reasonable attorney's lees and court costs. 7 Storage willbe charged 48 hours after repairs are completed.Not respons"for loss or dams"to care or articles left in cars in case of J .fire.theft.accident or any other cause beyond our control. TOTAL $ -+� Autharl"d 1w Y v I carp bmitb i3bonr: 524=2721 ell 0b 0 I 702 ban i3ablo Abrnur • Alblanp, California 94700 ESTIMATE OF !REPAIRS Owner Address ___"Zg2 Cl*b-w Jc �� I City • i " Insurance Co. I Address Phone Year ! License MakeME A Model Number Date QUAN. DESCRIPTION OF LABOR OR MIATERIAL MATERIAL LABOR YY\ d' I 1641 ! I I I I I I _ � I I I PARTS PRICES BASE ON STANDARD CATAL GUE PROCUREMENT PRICE LISTS BJECT TO TOTAL c CHANGE WITHOUT OTICE. PROCUREMENT AND DELIVERY CHARGES MAY ADDED FOR SPECIAL SERVICES ITEMS NOT AVAILABLE LOCALLY. MATERIAL The abov is an estimate bas on our inspection and does n r additional parts or labor which may TOTAL LABOR be req after the work has o ened sionally after work has started worn parts are discovered hich are not evident on first inspection. Because of this the above prices are not guaranteed. TOTAL MATERIAL REGISTE AUTOMOTIVE REPAIR DEALER.#2919 i Est ated y TAX . TOW SERVICE AUT \NDACCEPTED Date By Owner SUBLET REPAIRS or Agent TOTAL t y I , MOVE r a eve ` , i 1 �U , v~- j aw S �.L� ; co am,. aceloc ..O� l i , I i. I I . f CL" BOARD BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE 70 CLAIMANT June 25, 1985 governed by the Board of Supervisors, ) The copy oft s ocument led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code See4on,913 and 9151.4. Please note all "Warnings". Claimant: Barry J. Carbaugh County,Counsel Attorney: Edward Havlik III i JUN 0 tii 1985 Address: 777 Southland Drive, Suite 203 Hayward, CA 94545 Martinez, CA 94553 Amount: 1$97. 98 _ By delivery to clerk on Date Received: June 3, 1985 By mail, postmarked on June 1 , 1985 I. FROM: - Clerk of the Board of Supervisors ! TO: County Counsel Attached is a copy of the above-noted claim. Dated: June 3, 1985 PHIL BATCHELOR, Clerk, By20- Deputy n erve II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) ('�() This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are . so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for. leave to present a late claim (Section 911.3). i ( ) Other: Dated: - 4 - By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, County Administrator > ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present bG� This claim is rejected in full. ( ) Other: i I I certify that this is a true and correct copy of th Board's Order entered in its mi Utes for this date. Dated: - _g PHIL BATCHELOR, Clerk, By ° , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. Ve 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 Claimin accordance with Section 29703. ( ) A warning of claimant's right to apply for 1to went a late claim was mailed to claimant. DATED: (�-�S- � PHIL BATCHELOR, Clerk,j By , Deputy Clerk cc: County Administrator (2)- County Counsel (1) i (',I.ATi4 ' k ii ',CLAIM TO BOARD OF SUPERVISORS OF CONTRA CO§71 SUPERVISORS _.6-,nCc9&3RYapp1ication to: Instructions to ClaimantVerk of the Board 0.Box 911 Martine;,California 94553 A. Claimsrelating to causes o'f 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 anyother 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 fraudulint claims, Penal Code Sec. 72 at end of tKis form. RE: Claim by )Reseiaxod Lon C3-ozklq filing stamps R.-P-4cf-Siv""T AgainS,t the COUNTY OF CONTRA COSTA) PHIL BAV7!JR0q U or DISTRICT) _ !(Fill in name _ Y'L The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in1the sum of $ q:F, 9 8 and in support of this claim represents as follows: 1. -When dil-the�dama e or injury occur? Ne exact date and hour} IN r 2. Where did-the_Ni_a_ge or injuktccur? (Include city and county) -G_c107-R* CeS771- Cd"47y '3-t9LjL! qv Sr, A44i?7-7Aj.Ez 3. How didithe damage or injury o--cur? (Give full-details,-use"extra- . sheets if required) 14 r,#.�) o F IA)A47' 40#4 "d A6/Y SA(WiFr- S bep4tZT,-A&-Aj7- erF CoAirif4- Cosi,79--. ---------- -- _ --------- omission4. What particular act or on the part o? county or district officers , servants, or employees caused the injury or damage? (over). 5:' What are the names of county or �district officers, servants or • employees causing the damage orlinjury? MAU 15M&OJA/ 6. What damage or injuries do you claimresulted? (Give full eX tent' of injuries or damages claimed. Attach two estimates for auto damage) /�'E �AcAQ L �[o?-; aA) 6 y /A.)740fUF ----W�fc�/_/•v�A-�c�i��D_�__-_�'�l�_/�e�J�z�v� �_T�L____ __ -- 7. How was the amount claimed above computed? (Include the estimated a ount of any prospective injury or damage. ) Re7ruRAcl),OJg TZ sra7lLs (LIISMO &A/R-nW#6D S44S&.-) AAJo' PR/c%�1 /©6KJs7c6e J. 8--. N-----ames-----and----------addresses---O-f--wi--tn-gs--s-es-,--d-o--c-t-o-rs----and----------hospitals---.------------- 9- AOR, -------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT N'o,t}E- TZ ADAir- - CL�JA44,V-f /is ".4&,C /Z5 A-r 7741S M ' -- _*********� It'*�t�triFIt�t�titdF�IFtititit�t�titikikitlt�Ir�tiFtkitdt�k�t*�tt*dtIlIt�tiEIk«dF�F�tit# tIFtk*�t�FIttktkk�Irt�tlr�t�t�kk Govt. Code Sec. 910.2 provides : . "The claim signed by the claimant SEND NOTICES T0: (Attorne ) i or by some person on his behalf. " Name and Address of Attorney A�(�rc}A2b 1�, oLiH I imant' s Sig ture S0clr%44+AJh T' 203 Address AlA-/;LE z; 1 CSP-, 9f�5's.3 Telephone No. <j!S'� 7`x-82--82 $2 Telephone No. Z28- 658 'NOTICE Section 72 '�of the Penal Code provides: "Every, person who, with intent i,to defraud, presents for �allaaance 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." f t 94 J q,_u.AIt1 67-y c_PQ._.P-17_0� ,urS. - 0 41t 9� i I I i � I j I � n I — I � I I • I i I i ._................... i a" BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION June 25 , 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 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 9151.4. Please note all "Warnings",-, Claimant: Danny Rodriguez i County;.Counsel Attorney: Brennan & Hollins 888 W. Santa Ana Boulevard fViAY 3 1 1985 Address: Santa Ana, CA 92701 Attn: David Brennan Hand i delivered Martinez, CA 94553 Amount: $50, 000. 00 By delivery to clerk on May �1 7 985 Date Reeei ved: May 31 , 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors j TO: -.County Counsel Attached is a copy of the above-noted claim. I Dated: May 31, 1985 PHIL BATCHELOR, Clerk, By Deputy An Cervelli II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for. leave to present a late claim (Section 911.3). i ( ) Other: Dated: - '�31 - 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). I - IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: i I certify that this is a true and correctleopy of the Board's Order entered in its minutes for this date. Dated: - _ PHIL BATCHELOR, Clerk, By am 00 ° , 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 An 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 OL , Deputy Clerk ee: County Administrator (2) - County Counsel (1) i CLAIM In3truCtlon3j to Claizr3n`C'--rc of th3$card _ 24!a't:tt?�,C3titonia 9r+3�3 Cla.;_ s ralating io Ca',3es of ac-ion for death or for. inju=y to Parson or to personal property or growing crops must be presentee not ?ester than the- 100th day after the accrua of. he cause, of _ action. Clains relating to any other cau3e of. action =Ls— ]be ?J:G3eT2ted riot later than one year of ter the $coral&&- Qi ah t .C�'.la� o action..- (Sec ..911.2, Govt. Code) C?.aisis r:usL be- filed with tha C1Ar��,�f the Board of S-u- arvisors at it-s offices in Room 100, County A.ministratio_r 3u�?di�g,. ��� pine Street, Martinez, California 94553. .If clam is against a_district rover,ed by the Board of Super-11.30-_-Z., cath er than the- County, the nr.-.a of the District- shcu=d be fill-ad in. i, L- a.f?2-Clai pis-ag3 3t -more--than ori pub11C �.*ltlt�Tt 5t�p3r3te ClSZIIs. rmust be. filed_ against each public entity. . Fraud. See' penalty -for fraudulent cla:bns, Penal Code`. Sac__ ?2 -a_ end.. this f O :%�::sYi��Jr##i►*•#`ir'��>t*�###3#Mali►*#*al#**#7l#*-*#*#�ti##�t*�Tiir*#**#��4'*�13*i�yr�!*#*�srA� :? Clam by .,: ) szzv far c:'s f' ?ing metas DANNY .RODRIGUEZ 3 _ Icy aiust the- COUNTY OF CO s.RA COSTA) (Public Works Department) of DISTRICT) PPPi C:E4t; 7,4PlIn, Jii'PIECE, � Ci P.n11y i 'ii?a '1;der$7.f nen. claimant thereby hakes claim against thet: `.y* Contra. . sta oY t:ue _above na:ued .District in they sum of $ 50 000 - -13 -._-2 in su-,.) ort of this claiT:i reoresents as follows. . 'riii$n Gi.C3w'r1;L' �:3"13C13-or�ln3ury Occu-,? G'1~V�'� � ..�... .- ( February 26,,:;1985 at 7 :00 p.m. _.v~!; e e 11 ti-�i2e�L� t3^��D--1nj'a y OcCu_'I? o.s, , C'� .�.: C.T�r?F caisd._-,^.�'�,.L` ',~ _e f. On O'Hara Avenue and State Route 4 .1 1 Courttty of Contra- Costa. 3, rc,014 d_d_tn' daatage or injury occur? {Gyve rely dhnats if required) A Public Works Department vehicle . operated by Obie Don Andersen collided .with ,the - rear-end of the vehicle was in 'which was stopped at the time of the accident'.- - '3 whatparticular act- o mission"on-t;he par tof oount.y oma; dIsfiriCt officers, . servants or. erployees caused the in3u_y ax e? Obie Don Andersen was negligent and; careless in _ the opera.t>on of .the Public Works Department .vehicle at...the:"time and Place. --of `the :ac,ci.dent.. '- and was -driving-:.at an..Excessive.: rate of speed, and failed.=ta app.,y . his. - brakes-. in :suffici ent time. to. stop the -accident'' J- :Z28C. are ..tla :?3;:`?j Oi _a.LZICZ 6ZfiC��� :a��I3Ft"�� or = �* erployees causing the dar-age or Zi j'1r•'� ,Obie Don Andersen _. b -Fr halt damage or . i juries do ou�C131i?I��- ed7-- ----. "-�- --_ `3 � �' of injuries or damages claired. . -Attach twa estimates . gor. auA— damage} I claim personal injuries and loss .6f income as a result: of the accident. I do not know the total amount of my special or general 'damages- at this tj J . How was the a-z.ioun cla4,.M-- ab,-)v?-COIi.-= 2G?- e_.the. �e _._.__.iZd-_ amount.- of any prospective injury or damage_} N/A - �. +Namzas^and addresses of�witnesses, ; anddOCLors------------------._.__hosp-1 The witnesses to-the -accident which! is the subject of -this-- lawsuit are , .- contained in .the traffic collision report prepared by. Officer A'.C. Ferrari #9950 of the -California- Highway Patrol Other information. is 'in the . possession of your-.investigators, George Hills. Company,_Inc..,": Lowell S. Dygert. Oakley Chiropractic: Clinic, P.O. Bok 8, Oakley, CA 94561_ ^_-Lic t the—expendi tures you made on account of ^--- f.��'n ;; i' ` ci u=y �l� ZV�r 1L+cnL 3T2 I do not have"-.a complete _list- of special- damages incurred. to date r3r'..-:t-��`#� :��•*i�**i��*dr'aix*�k*�zx�4x�:r•r***:T�ik:c�cac�*1•�*�*:t�k.���3e�r�?�3r''Xie:Tc#�fefrvt:':*3rd* Govt. Code 910.2 T)ro-7ia s ' "Tha Claim Sign. by t5_ ala-L-, - �.;0 . 0Z t-to ) y r- . ` Or �V som,: eieiso-:%, on his ?L13=I , 2t:?d -Ad:r?=eSS i3f -AttOr^2y BRENNAN . & HOLLINS talk C ai��..3 s J g22Z�.*.lr..__ 888 W. Santa Ana .Boulevard Route Two, .Box 129 Santa Ana, CA 92701 Address .Attn: David W.: Brennan Oakley, CA 94561 (714) 558__9119 �elap,,.r 30 �CE . 72 of the-.Penal: Code provides: " veL arson who with intent Y -o def_au3, presents- sor allo;rrc�_ c �� for payren'_ to, any state board or officer, or to -1y coixnty, toe o-ty-,_:.:, district, �:aa"d or- village...board or' o=f icer, author_zed to, a.11o�. or.pay zPe see if genuine,:::any,,-false or fraudulent c]_aimr. bill,. accotnt, vt,uc2.e or writing, is guilty of •a felony. -• -' i �_5y _ 1 - .. _ ? -.g51� - f P r't psi:..-.F•'S 4 "•.+�+.jvt+>t + }. ti �r � I 4� CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA umNTY, CALIFORNIA � BOARD ACTION i June 25 , 1985 Claim Against the County, or bistrict ) NOTICE TO CLAIMANT governed by the Board of Supervisors, ) The copy oft s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section,913 and 9151.4. Please note all *Warnings" Claimant: Ann Louise Brennan County Counsel Attorney: Brennan & Hollis 1AAY 31 1985 MAY 888U,Santa Ana Boulevard Address: Santa Ana, CA 92701 Martinez, CA 94553 MattinE Attn: David Brennan Hand delivered Amount: $50, 000. 00 _ By delivery to clerk on Mav 31* 1885 I Date Received: May 31 , 1985 By mail,, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: May 31 . 1985PHIL BATCHELOR, Clerk, By AlV101 I A 1,dja, Deputy An Cervelli. II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) j ()C) 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: i Dated: - — By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) Coun y Administrator ( ) Claim was returned as untimely with notice ito claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present t>d This claim is rejected in full. j ( ) Other: I certify that this is a true and correctcopy of the Board's Order entered in its minutes for this date. Dated: - PHIL BATCHELOR, Clerk, By , Deputy Clerk I WARNING (Gov. Codei 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 Claimin accordance with Section 29703. ( ) A warning of claimant's right to apply for lea a to present a late claim was mailed t claimant. DATED: - PHIL BATCHELOR, Clerk, jBy , Deputy Clerk cc: County Administrator (2) - County Counsel (1) cr.ATM - - - .._ ..,...,..�..... �r,.............-- ir_3truc}lona to Cla rrartCr n ofthe Board -fP.n a 51��►..i;Qo c Msrtinez.Catitomia 94553 `%—I i s relating to cau3e3 Of aCti, iOr d?ath OT_ -Or 3.njuzy to pa73on or to personal property t?i growing CrOP5 MUSIC prez;#nt_d ' o t late- than the- 100th d-y after the accrual of the: cause or action. C1Li:zs relating to any other cause of actionu�te -ores-ent-d not later than one year after the accrual. oz ti'?� oauae Of actio: . (Sec. 911.21 Govt. Code} C7 aii.aS r.ust 'be filed wi`h t a Clerk oz the Board of su"oerviso--s in doom 190, County Ad_mi hist-rati0_I DLTil Cing, 65? '�Zne Street 4114-a tin-_z , Cai-i otnia 94553. � . 7 g diz ,. ' governed ed by the Moard Of S'Ltpa-r'Jisorss If c_a�m is 'a ainst a d'sL�_c� over.,. rather tl;i han the County, the naa of the District would be filled in " z.. c- -he.- _..I. is _ .. no_ than one public entity se3rate l�,3Z� s "Must be filed against each public entity. Fra_=a. Sae :penalty .`for fraudulent claims, PenalCodi Se t "72 at erci. 0r this forn. . Claim -by 3�?S2rV� fat � �R S fi SZ:t3 ata-aps Ze 4- 11 ANN LOJISE BRENNANi"CEq .IE,-.) - NMI 3 1 -,.3t,5 r5.C;_a St he COUNTY 0 CCN'_RA COSTA? , (Public. Works 'Department) - p^ DISTRICT) c..� ONyi rir ri< tc:., Vr_de-signed '`clamant. hereby makes. claim against the Couz%4 of t0nt=? :_eta or +-.!-,e abova-named Dist rict in t:�:a s'' , of $ 50 .000 .00. 3:'� -t of t_'L c,a?:.� �oresen+_S � as followsz ------__ ;. ^:: did t^��d:; ,ug_�or~i juryOccur? tG2_v1E-�exa.ct d e, :� 3 hay.. j February 26, 1985, at 7 :00 p.m. 1 !� lss' �_. .:�7e+v ii2 jI `V�OcC' ;►..,.` T,C-] a?'4CI.�T 34? On O'Hara Avenue and State Route 4 , lCounty, of Contra Costa zo�a dic L;ie d3rr.a'g9 occur?or injury (Give`1,1i` ;;heats if required) A Public Works Department .vehicle operated by Obie Don Andersen collided with the Irear-end of my vehicle -which was stopped at "the time of the accident =,vhat+particulsroct � oromission�on thpar.�of ^oua�,v or district: officers, servants or employees caused. the i:�3u�-y. Ot damag_e? Obie Don Andersen was negligent and careless in the operation of the : Public. Works Department vehicle: at-.the time and place of the accident and was -driving at an excessive rate of speed and failed to apply his brakes ,iri sufficient 'time to stop the accident: Obie Don Andersen � rx4 7 da1� g'e flr ?`' -'I i es do you cla1T1 :'?�'.��Ga^►�,_ �(G_ive J A_,11 '�':Z=-gin- ..�. of '.:ulr a3 or damages clai ed. � Attacz t11 asstZ��3t:�S ,Yor c�tit�C1 In addition to property damage to ,my vehicle, I also sustained personal injuries My, property damage claim was previously submitted to Contra _ --CCS-s•;t-a-� �-��-Ft �i�--1-0: I-�•$-�--�..��$�c-� -a£._$�.-,.�..Q2�13� i + �a..e_`�..~ir : amo " cla 1ad. u,., ove I &6t,pp to oma+ a?iv, �._osp.. �. _�v-� ju_j I or L......;.-g-_ •. I am incurring expenses for medical treatment and loss of earnings.. I cannot estimate the total amountl of future expenses .at this time . * _ _ ----------------------------------- �i� i s~c�?2u addresses tnes;es,rdo.^tors-and 1-2Ctspi tais fes.._ .►�..�..._,» . The witnesses to the accident which is the subject of this lawsuit are containedin the traffic collision', report prepared by Office A.C. FerrarE #9950 , of the California Highway Patrol. Other information is in -the possession of your investigators, George. Hills tompany, .Inc. , Lowell S. Dygert Oakley Chiropractic Clinic, P .O. Box 8, Oakley, CA 9456.1 - ,?tt ".tle'expandi-(tures-you m a3E'_�onrMcC{3?u°.zL..wof �il2a���._^ C3 d s"2 I da not :have a complete list of special damages incurred to date .. „ t:t::°r.zs:x-_'+ :ix:i����X�njt�kvr.�:zii9c��:��r�;�:k:.»'.r7r�Yxic:rX:rsklrk�:�•��-1rx�r�r'-��r T �?ar�-�raY�r�:k�xat::�lrx :- Govt r'fl'd2 .� ^_ 51,0_2 'prove s TO: f 7itto "n ey) his 7, Brennan & 'Hollinsl n 1771 Clayton j Way 888 W. Santa Ana Boulevard J ` ~ �._.- Santa Ana,' CA 92701 esu Concord, C.F.. Attn: David W. Brennan �? (714} 558-91.19 '''_weph . -fes_ {415} 689-2� 7 __ -----..-__ I I IN0TI,C£ r =c�t-wcr. 72 of the Penal Code •provides:) i ._.,TeTy person vh , 44i+_h i to r.,t LO def—ra' C1 i- ?7a�Ti.e^ i . i' any state airCt or O'�? 7_CeY i 101, tC7 r.. iy COUntY, tC7ir"IZ,; 3 try' . i:r i ct, wawd't or grillage .board or of icer. t aut'rtc r:i Zech o 320 o aav the stere if genuine.'. any i'als? or =raLduaent Claim, bill �cc���n� �oY�c flr '�rlt2ny, is: guilty of a felony. r Yt _A CUUM BOARD OF SUPERVISORS OF CONTRA COSTA OMM, CALIFORNIA, BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT June 25, 1985 governed by the Board of Supervisors, ) The copy of t 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 pursuaant to Government Code Section 913 and 915:4. Please note all "Warnings' .. .,, Claimant: James -Hellwig County Counsel Attorney: j MAY 111 1985 Address: 630 Central Avenue Martinez, CA 94553 Martinez, CA 94553 ByH�dilvdeiylto egerk on May 30, 1'985 Amount: $45. 00 or Coat Date Received: May 30, 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors I T0: County Counsel Attached is a copy of the above-noted claim. Dated: May 30, 1985 PHIL BATCHELOR, Clerk, By41, Deputy Ann Cervelli II. FROM: County Counsel i TO: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. i ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). j I ( ) Other: i j Dated: h - 3( - 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). I - i IV. BOARD ORDER ' By unanimous vote of Supervisors present i 04 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 min tes for this date. f 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 t1ie 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 i Attached are copies of the above claim. iWe notified the claimant of the Board's action on this claim by mailing a copy of thisidocument, and a memo thereof has been filed and endorsed on the Board's copy of this Claim!in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to pr ent a late claim was mailed to claimant. DATED: ( �5 _ PHIL BATCHELOR, Clerk,; By ,rl D , Deputy Clerk I cc: County Administrator (2) County Counsel (1) CLAIM _ .. wear... ,:..... ..�:.. e. c.r-. ..e..-,............ . ........... CLAIM:TO: BOARD OF SUPERVISORS OF CONTRA CO§�n��application to: Instructions to ClaimantC!erk of the Board F.O.Box 911 Martinez,Califomia 94553 A. Claims relating to causes of, action for death or for injury to person or to personal property orlgrowing 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 yearlafter 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 945513. C. If claim is against a district gplerned 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 publiq�- entity. E. Fraud. See penalty for fraudulent claims, Penal- Code Sec. 72 at end of this form. RE: Claim by ) Reserved f#or C e c' stamps Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name) ) 6 :d. c•eoo,v I . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District inithe sum of $ A& and in support of this claim represents as follows: 17-RE-en--did- the damage or injury occur? (Give exact date and hour) 2. cr Where did the damage or�injurKK__ r. (Include city and county) _ --&o r _-Q --- f - - - ----------------------- 3. How did: themag or inj ry-o cur? Give full details, use extra sheets if required) i '�`'_• /'�'L SSI/t _t$�I� _t�c _� _v_� _ t,�'�rf p_ �1�5� __ 4. What particular act or omission o the parPnesm y-6r �lisAA officers , servants or employees caused the injury or damage? =� (over) ..._ I'. 5�• What are the names of county or district officers, servants or employees causing the damage or1injury? bra ----------------------- 6. What damage or injur es do you c aim .�sultetii? (Give full extent of injuries or damages. claimed. i Attach two .estimates for auto damage). I i 7. How was the amount claimed above omputed? (Include .the estimated amount '.of any prospective injury or damage. ) -------- 8. Names and addresses of witnesses, doctors and hospitals. C4,k Colo V k 9. List th'e expenditures you made on account Of this accident or in_-J%-u"_ry_7. DATE JITEM AMOUNT 0",w**Ilt Govt. `Code Sec. 910.2 provides: "The claim signed by the claimant SEND. NUXICES TO: (Attorney) or by some person on his behalf. " Name and _,ddress of Attorney d Claimant's Signa ""re O Addres "3 3 , Telephone No. Telephone No., �9- NOTICE Section 72 of the Penal Code provade's: "Every person who, with intei:t 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. " I APPLICATION TO FILE UTE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT June 25 , 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. K' Claimant: Traci Dawn Titus County Counsel Attorney: Steven H. Welch, Jr. MAY 2 y 1985 1460 Maria Lane, Suite 200 Address: Walnut Creek, CA 94596 Martinez, CA 94553 Hadeli lye CYl Amount: $50,000. 00 _ By e�iveryo erk on May 28 , 1985 Date Received: May 28 , 1985 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File to Claim. DATED: May 29 , 1985 PHIL BATCHELOR, Clerk, By Deputy n ve II. FROM: County Counsel TO: Clerk of the Board of Supervisors i ( ) 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: 3o - $'S VICTOR WESTMAN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors present i (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. I J DATE: („as�- PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) I . If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you frdm the provisions of Government Code Section 945.4 (claims presentation requirement): See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months from the date your application for leave to present a late claim Was denied. j You may seek the advise of any attorney of your choice in connection With this matter. If u want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board TO: 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: -2S- ��� PHIL BATCHELOR, Clerk, By Deputy I V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. i DATED: County Counsel, By County Administrator, By APPLICATION TO FIILE LATE CLAIM ' I i ' 1 i RECEIVED- 1 ��TEVEN..:H. WELCH, JR. , •PROFESSIONAL CORPORATION a n�., 2 X460 MARIA LANE, SUITE 200 r9:';t .ag5 n1ALNUT. REEK, CA 94596 M; ---.f r�;l[sate+etoa 3 AC 415 - 937-4054 4 Attorney for Claimant 5 I i 6 7 8 In the Matter of the APPLICATION FOR LEAVE Claim of TRACI DAWN TITUS TO PRESENT LATE CLAIM 9 against CONTRA COSTA COUNTY j (Gov C §911.4) 10 11 TO: CONTRA COSTA COUNTY: I . 12 j 1. Application is herebyjmade for leave to present a .late 13 claim under Sec. 911.4 of the �Government Code . The claim is 14 founded on a cause of action for Battery, which accrued on 15 December. 20, 1984, and for which a claim was not timely presented. 16 For additional circumstances relating to the cause of action, 17 reference is made to the proposed claim attached hereto as Exhibit 18 19 A and made a part hereof. 20 2 . The reason for the delay in presenting this claim is the mistake, inadvertence, surprise, and excusable neglect of the 21 22 claimant, Traci Dawn Titus asi more particularly shown in the -,#eclaration of claimant attached hereto. Contra Costa CouAty was 23 24 no " prejudiced by the failure to timely file the claim asitin'`rs 25 Y the",'declaration of Steven IH. Welch, Jr. , her attorney, :;�`i'ttached 26 hereto as Exhibit B and made :a part hereof. LAW OFFICE STEVEN H. WELCH. JR. A PROFESSIONAL CORPORATION 065 NORTH BROADWAY P.O.Box 4981 ALNUT CREEK.CA 94596 I ' i - j I 1 : 3.-- This application is presented within a reasonable .time, _ 2 after, .the accrual of the cause of action as shown by the d�`�clara Son of Steven H. Welch, Jr. , 'attached hereto as Exhibit 4 made a part hereof. i 5 WHEREFORE, it is respectfully requested that this application 6 be granted and that the attached claim be received and acted upon 7 in accordance with Sections 912 .4-912 .8 of the Government Code. 8 Dated: May,�a 1985 9 teven 4elbhf Jr On Behalf of Clai 10 Traci Dawn Titus 11 12 I 13 14 i 15 16 I - 17 i i 18 19 i 20 i i 21 I 22 I � 23 ! xa 24 wxte," r ..�M pfGs-rIlry�w 25 I 26 LAW OFFICE STEVEN H. WELCH, JR. A PROFESSIONAL CORPORATION II065 NORTH BROADWAY P-O. BOX 4981 VALNUT CREEK,CA 94598 (415) 937.4054 Z I 1 3 STEVEN. H. WELCH, JR. A-.:PROFESSIONAL CORPORATION " 2 1460.'MARIA LANE, SUITE 200 ,a UT -CREEK, CA 94596 i t 3 AC'-415 ' - 937-4054 4 I Attorney for Claimant 5 6 7 I 8 In the Matter of the DECLARATION OF Claim of TRACI DAWN TITUS TRACI DAWN TITU'S 9 against CONTRA COSTA COUNTY EXHIBIT "A" 10 11 TRACI DAWN TITUS, declare that after Deputy Sheriff Edward 12 Daniel Raiter touched and fondled my intimate parts on December 20 13 j 1984, I was embarrassed, frightened, humiliated and psychological y 14 upset. I reported the incident to the Sheriff's Department, and 15 the Contra Costa District Attorney's Office took over. No one 16 told me, or was I aware of the necessity of filing within one 17 hundred days of the incident, a claim with the County of Contra 18 Costa for the battery committid upon me. I thought I could and 19 1 should wait until the outcomelof the criminal action filed against 20 Deputy Sheriff Edward Daniel Raiter. I finally told my father, 21 and he had me contact his attorney, Steven H. Welch, Jr. I 22 .retained Steven H. Welch, Jr.j, on May 17, 1985, and authorized 23 i iz:iinto ask for information from the District Attorney 's Of24 face :and F t - the -Sheriff's Department. !, ' 25 Until I spoke with my attorney, I had no knowledge of 'the 26 i LAW OFFICE STEVEN H. WELCH, JR. A PROFESSIONAL /// 1• CORPORATION I IDee NORTH !ROADWAY P.O.Box 4961 'ALNUT CREEK.CA 94396 4416)937-4034 I . I I 1 claim statute and was never advised of the sante . �a'ted. 1985. 4 s I st n H. WY 1 , Jr. * 4 lOn Behalf of Clai Traci Dawn Titus 5 6 7 8 9 10 11 12 I 13 i 14 I 15 I 16 17 I i 18 19 20 i 21 i 22 I 23 AAII 24 25 4 Y 26 i LAW OFFICE STEVEN H. WELCH. JR. Exhibit.. 11A" A PROFESSIONAL CORPORATION ` 20435 NORTH BROADWAY P.O.SOX/.431 /ALNUT CREEK.CA 94396 1413) 997.4034 I 1 STEVEN :H. WELCH, JR. PROFESSIONAL CORPORATION 2 1460 :MARIA LANE, SUITE 200 '¢ ,WALNUT CREEK, CA 94596 ' ; }° > AC -415 '- 937-4054 4 Attorney for Claimant 5 i 6 7 i 8 In the Matter of the I DECLARATION OF Claim of TRACI DAWN TITUS STEVEN H. WELCH, JR. 9 against CONTRA COSTA COUNTY EXHIBIT "B" 10 / 11 I, STEVEN H. WELCH, JR. , declare: 12 I was retained by Traci Dawn Titus on or about May 17, 1985. 13 I immediately contacted the District Attorney's Office and inquire 14 into the status of the criminal proceedings against Deputy Sheriff 15 Edward Daniel Raiter. Thereafter, I received a police report of 16 the incident from the District Attorney 's Office. I again talked 17 with my client for preparation of -the claim. 18 Deputy Sheriff Edward Daniel Raiter has been charged with 19 Penal Code Sections 242-243. Said action has not been tried and 20 i is still pending. Until saidiaction is resolved, no substantial 21 progress could be made by civil litigation. Therefore, the County 22 of Contra Costa has not been prejudiced by the failure of claimant 23 x Traci`Dawn Titus, to timely file her claim. Further, the GoluYty 24 1 rr 'of1Contra Costa must be presumed to be aware of this incident , r , 25 since two of its subdivisions, the District Attorney 's Office and 26 i LAW OFFICE STEVEN H. WELCH. JR. ! A PROFESSIONAL /// 1• CORPORATION j 2065 NORTH BROADWAY P.O.BOX 4981 WALNUT CREEK.CA 84598 (415) 997.4054 . • ' 114 I ., .. .. .. ,. - ... - - I + I "the Sheriff's Department, are land have been actively pro secuta.ng;;, `Deputy .Sheriff Edward Daniel Baiter. r 3 respectfully submitted that the delay in presenting', 4 th is claim was by reason of the mistake, inadvertence and 5 excusable neglect of claimant,) Traci Dawn Titus, and no prejudice 6 will result from the County of Contra Costa accepting and acting 7 upon this late claim. 8 9 Dated: May 23, 1985 10 H. c Jr. ' Attorney for Clai 11 I 12 13 I 14 i I 15 I 16 l - 17 I 18 i I 19 I 20 21 22 { 23 .w 1 4}Tk'1731 1R// 7 2425 T t t I 26 LAW OFFICE Exhibit "B" STEVEN H.'WELCH, JR. A PROFESSIONAL CORPORATION 2065 NORTH BROADWAY P.O.BOX 4961 WALNUT CREEK.CA 94595 (415) 997.4054 CLAIM TO: BOARD OF SUPERVISORS j OF CONTRA CO§ trroWXapplicationlo: Instructions to ClaimantC!erk o!the Board. M rtinez Caiitomia94553 A. Claims relating to causes of actionlfor 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 Clerklof the Board of Supervisors at its office in Room 106, County Administration Building, 551 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 fraudulenticlaims, Penal Code Sec. 72 at end or this form. RE: Claim by )Reserved for Clerk's filing stamps TRACI DASIN TITUS I Against the COUNTY OF CONTRA COSTA) } or DISTRICT) (Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ra+,non -no and in support of this claim represents as follows: _ ee ..jeeeeeee�eeee eeeee�. e�eeie �. ifen,.e 7oid`theedamage`or In3ury occur? lGiveeexactedateeanalehour] December 20, 1984, at approxiy 12:30 a.m. i i �.a`Wfiere`�i�etFieamage`or`In3ury occur?"�Include`city`and`county; 2060 Magnolia way, Walnut Creek, Contra Costa County 37-9-ow--ala- edamage`or`in3ury`occur?`-Give` tra" sheets if required) Deputy Sheriff Edward Daniel Raiter, at the place and time above stated did commit Battery by wilfully, unlawfully &/or negligent ly, with Force and violence on the person of Traci Dawn Titus by grasping and touching the intimate parts of !Traci 'Dawn Titus against her will while she was being unlawfully restrained. . eseeseeeeeee.re�eeeeeseeeeeee a eeee-eeeeeeeeee�.eeeeeee:�eeeee.re ee ee..ee 4. QS; particular act or omission on the part of county or distrlet officers, servants or employees caused the injury or damage? Battery upon claimant by Deputy Sheriff Edward Daniel Raiter. I (over) i ,5. What are the names of county or district officers, servants `or .:_ employeescausing the damage or injury? Deputy Sheriff Edward Daniel Raiter 6. What damage or �n3uries do you claim resulted?- �Gtve full extent of injuries or damages clai d Attach two estimates fo ai;t damage) Fright, embarrassment, bruising, extreme emotionaTl dis�ress, including, but not limited to, nightmares and fearfulness of law enforcement officers 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury of damage. ) Physical and psychological damage . $50 ,000.00. -------------=----------------------, ------------ --T- - -------------- Mike ------------ Mike Garcia Deputy Sheriff Edward Daniel Raiter 249 Evelyn Drive ' Pleasant Hill, CA 94523 s -- ------ K—List the expendituresyoumadeonaccount-o--thTis--a---:id---- r-:n�ury:.i DATE ITEM AMOUNT None at this time Govt. .Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or bY som„,arson on his behalf? 'i ” Name and Address of Attorney Steven H. Welch, Jr, sunant s f 1460 Maria Lane, Ste. 200 3435 N . Main St. , Apt F3 Walnut Creek, CA 94596 Address of Claimant Pleasant Hill. CA 94523 Telephone No. P 937-4054 � Telephone No. 935-3533 NOTICE Section 72 of �the Penal Code provides: ' Zvery 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.. j APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT June 25, 198 5 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. Colfflty'Counsel Claimant: Valerie Lynn Vincent 1AAY Z'�- 1985 Attorney: Charlie Gretsch j 1231 Market Street, Penthouse Martire�, Gr. y4553 Address: San Francisco, CA 94103 Amount: By delivery to Clerk on $1, 500, 000. 00 Date Received: May 28, 1985 By mail, postmarked on May 23 , 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: May 29 , 1985 PHIL BATCHELOR, Clerk, By 00iJ Deputy n Cervel 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). (X) The Board should deny this Application to File Late Claim (Section 911.6). DATED: 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). (}n 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. i DATE:��-�s•�� -- PHIL BATCHELOR, Clerk, By - I= ,Ot�,—�JLO 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 from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court Within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you Want to consult an 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. II DATED: to���fg� 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 Charles Gretsch Attorney at Law 1231 Market Street Penthouse San Francisco 94103 415/552-6500 ;IVC N9"'1111n, 1985 PHIL BATCHELOR 23 May 1985 CLEIR Clerk Contra Costa County Board of Supervisors 651 Pine 'Street Room 106 Martinez,, California 94553 Re: Vincent v. County of Contra Costa, Department of the Sheriff-Coroner Dear Clerk: Enclosed please find an original and six (6) copies of the Application to File Late Claim and an original and six (6) copies of the Claim Against Contra Costa County form in the above referenced matter. Please file this Claim and notify my office as .soon as possible of the date for the hearing on this matter. In addition, I respectfully request that you forward to each Member of the Contra Costa Board of Supervisors (cited below) a conformed copy of both the Application and Claim form and return to my office a conformed copy of both the Application and Claim form in the self-addresse stampe nvelope provided for mailing. Thank you for your attention to his matter. Very truly yours, CHARLES GRETSCH CG:lab Enclosures cc. Mrs: Nancy Fanden, Supervisor Contra Costa County Mrs. Sunne McPeak, Supervisor Contra Costa County Mr. ; Tom Powers, Supervisor Contra Costa County Mr. ' Robert Schroder, Supervisor Contra Costa County Mr. Thomas Torlakson, Supervisor Contra Costa County too 3 1 CHARLIE GRETSCH '. t,,C. •1V.t D 2 Attorney at Law 1231' Market Street, Penthouse 3 San Francisco, California 94103 Telephone: (415) 552-6500 Attorney for Claimant eY614:, io 5 VALERIE LYNN VINCENT 6 BEFORE THE HONORABLE SUPERVISORS 7 OF $ THE COUNTY OF CONTRA COSTA 9 ' i 10 " VALERIE LYNN VINCENT, ) s 11 ) Claimant, ) APPLICATION. TO FILE 12 ) LATE CLAIM V . ) 13 ) 911.4 GOVT CODE THE COUNTY OF CONTRA COSTA, ) 14 THE DEPARTMENT OF THE ) SHERIFF-CORONER. ) 15 ) 16 1. VALERIE LYNN VINCENT hereby applies to the BOARD OF 17 SUPERVISORS OF CONTRA COSTA COUNTY for leave to present a 18 claim against said County pursuant to Section 911.4 of the 19 California Government Code. 20 2 . Claimant's cause of action as set forth in the proposed 21 claim attached hereto, and incorporated herein by this 22 reference, accrued on or about December 17, 1984, .a period i 23 within one (1) year from the filing of this application. 24 3 . Claimant's reasons for delay in presenting this claim 25 are 'as follows: 26 27 28 �� j r y 1 , a. VALERIE LYNN VINCENT is a young single woman, 20 2 tyears of age. She has completed the equivalent of a 3 ' 10th grade education. She is unsophisticated and naive 4 as to legal matters. 5 b. She has one child, (her first, ] a girl named Krista 6 Blanchfield, who was born in July, 1984. Because of Ms. 7 ; VINCENT'S immaturity and inabilities to deal with the 8 � responsibilities of motherhood, the child was taken from 9 ` her by Protective Services. At the time the cause of 10 action herein accrued, Ms. VINCENT was, and had been for several months, actively engaged in counseling and 11 studies so she could regain custody of her child. That 12 was her preoccupation and her goal and remains so today. 13 She was awarded custody early in January, 1985, on a 14 probationary status, with final confirmation due in 15 '. July, 1985. At all times during the pendency of this 16 claim, she has been intensely concerned with regaining 17 the custody of her child. 18 3 . At the time she was arrested in December of 1984, 19 one of the deputies involved threatened to notify 20 Protective Services of the arrest if she didn't 21 cooperate. 22 4._ The SHERIFF-CORONER'S DEPARTMENT has conducted an 23 extensive investigation of the incident underlying the 24 complaint, witnesses' names have been preserved, and 25 reports have been made. (See Exhibit "A", attached to 26 the proposed claim. ) The County will not, therefore, be 27 prejudiced by this late claim. 28 2 f i • I 8� 1 1 `, 5. Ms. VINCENT did not seek the advice of an attorney 2 in this matter until April 13, 1985. She delayed in so 3 idoing because she expected further notification from .the 4 ` SHERIFF-CORONER'S DEPARTMENT as to how she should 5 proceed. It was only after she was again arrested in 6 April, 1985, on another Bench-Warrant for the same 7 incident, that she became concerned and sought counsel. 8 6. Counsel first saw VALERIE LYNN VINCENT on Saturday, 9 April 13, 1985. At that time counsel was preparing a 10 case for a trial which eventually began April 22, 1985, and lasted until May 9, 1985 occupying all of counsel's 11 12 time during this period. Counsel had business out of town during the following week (May 13 - May 17, 1985) , 13 including a court appearance with VALERIE LYNN VINCENT 14 in Walnut Creek on May 13, 1985 and a visit to Martinez 15 on the same day to secure the necessary forms for this 16 claim. Upon completion of his trip and return to his 17 office on May 17, 1985, counsel had completed his 18 preliminary investigation of the background of this ' 19 claim and began research and drafting of this section. 20 7. The 100th day from the date of accrual of this 21 claim was on or about March 27, 1985. This petition is 22 being filed within 60 days of that date, a delay which 23 24 25 26 27 28 3 a i1 prejudices no one. Counsel has been diligent and 2 ; claimant's delay is clearly based upon mistake and 3 excusable neglect born of fear, confusion and concern 4 for her child. This honorable Board. ought` therefore to 5 j grant the petition. 6 7 Respectfully submitted, 8 9 CRARLES GRETS H 10 I am an attorney at law admitted to practice before all 11 courts of the State of California and have my office in the 12 City and County of San Francisco, California, and am the 13 attorney for claimant, in the above entitled action; that 14 claimant is unable to make the verification because she is 15 absent from said county and for that reason affiant makes 16 this verification on claimant's behalf; that I have read the 17 foregoing APPLICATION TO FILE LATE CLAIM and am informed and 18 believe the matters therein to be true and on that ground> i 19 allege that the matters stated therein are true. 20 21 Executed on May 23, 1985 at San Francisco, California. 22 I declare under penalty of perjury, that the foregoing 23 is true and correct. 24 25 ZLES GRETSCH 26 Attorney for claimant VALERIE LYNN VINCENT 27 28 4 f Sheriff-Coroner Richard K.Rainey Co�tlr� SHERIFF-CORONER P.O. Box 391COJta Warren E.Rupf Martinez, California 94553=0039 Assistant Sheriff (415) 372- { 2402 County� Gerald T.Mltoslnka Assistant Sheriff January 31 1985 Ms. Valerie` Vincent 2009 Stewart Avenue Walnut Creek, CA 94598 Dear Ms. Vincent: As a resulti of your complaint against Deputy E. Raiter and Deputy M. Newman on 'December 18, 1985, an internal affairs investigation was instituted to determine the validity of your allegations. This investigation has sustained your allegations of misconduct against Deputy Raiter and has also sustained the allegation of improper procedure against Deputy Newman. I The Contra' Costa County Sheriff-Coroner's Department has initiated administrati'we action charging Deputy Raiter with this misconduct. As a result' of the substantiation of charges of improper procedure against Deputy Newman, he has been placed in the_ department's Corrective Counseling iSystem. Citizen's reports such as yours assist me in maintaining the present quality of law enforcement throughout the county and provide a means whereby improvement can be achieved. If you desire any further information regarding this incident, please feel free to contact my office. Very truly ;yours, RICHARD K. RAINEY, S eriff- oroner WARREN E. RUFF, Assistant Sheri f RKR AVER:ksm EXhIBIT "A" — AN EQUAL OPPORTUNITY EMPLOYER CLAIM TO: BOARD OF SUPERVISORS OF CONTRA Cc**ngwapplicatlon to: Instructions to ClaimantC'erk of the Board M rtin CalifomI&94553 A. Claims relating to causes of action for death or form jury to .,, - person o ,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 Fine Street, Martinez, California 94533. 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 Faust tie filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end oT this form. RE: Claim by )Reserved for Clerk's filing stamps VALERIE LYNN VINCENT } ) Against the COUNTY OF CONTRA COSTA) ) or DISTRICT) (Fill n name } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1 `500,000.00 and in support ,of this claim represents as follows: wwww www www w wwwwwwww wwwwww wwwww w wwwwwwww wwwwww w www wwwrw I. en aid the damage or 1n3ury occur? ZGve exact date e►na fiourj On or about December 17, 1984. www w www T w w w w ww w ww w.,w ww ww w www w w w www w www wwwwwwwwwwww wwww '�; sera +�+�`�he damage or �n3ury occur3 Zlnc�u�e city and county's Walnut Creek, Contra Costa County wT www�ww 3. How aid-w tw hw e---d-a wwdwawmawww wow ww n3uw ry w owwcwcwuwr$ww Gw+irwve w fwuii wetwallws,w wwuwswe weixwtwrwa ww - sheets if required) Claimant was arrested in her home by Deputies of Contra Costa County Sheriff's Department. a:"plat`pnitcuiar`actwor`omission`on`tiewpaitwo ` countywo=waietrct officers, servants or employees caused the injury or damage? Claimant was strip-searched in her home by a. male deputy. (over) 5. , ghat are the names of county or district officers, servants of employees causing the damage or injury? Deputy E. Raiter and Deputy M. Newman. �: wFiat �amage .or �n3uz�es ao you claim resuYte�? ZG�ve �uii extent of injuries- .or damages claimed. Attach two estimates for auto damage) Extreme outrage, humiliation, invasion of privacy and violation of civil rights. ompu ------------------------------------------------ the------------ - es--t�---- --- 7. Bow was the amount claimed above cted? Include m M amount of any' prospective injury or damage. ) On the basis of general and exemplary damages, related to the outrageousness of the conduct. ------------ ------ --s------------------ Names and addresses of witnesses, doctors and hospitals. See Exhibit "A" . ' List the expenditures you made on account of this accident or �nlury: 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 ChARLES GRETSCH Claimant's Signature Attorney at Law on behalf of VALERIE LYNN VINCENT 1231 Market Street, Penthouse Address San Francisco, California 94103 Telephone No. (415) 552-6500 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." APPLICATION TO. FILE LATE CLAIM •_ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim } NOTICE TO APPLICANT June 25, 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 11WARNING" below. Claimant. James Wilkerson II., Linda Wilkerson, Juanita Mae Hercules,{ . and Barbara Jean Weaver County CouhSB1 Attorney Steven Kazan, 171 Twelfth Street, Suite 300 t11AY 29 1985 Address: Oakland., California 9.4607 iAinez, CA 94553 Amount: $1,000,000. 00 - By delivery to Clerk on Date Received: May 29, 1985 By mail, postmarked on May 28 , 1985 I. FROM: Clerk, of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to ile Late Claim. DATED: May 29 , 1985 PHIL BATCHELOR, Clerk, By I IZUJODeputy Ann rprvplli_ 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). r DATED: �, -3c� -- VICTOR WESTMAN, County Counsel, By �- f Deputy III. BOARD ORDER, By unanimous vote of Supervisors present (Check one only) { } This Application is granted (Section 911.6). This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for; this date. DATE: �z'�S- �+ PHIL BATCHELOR, Clerk, By Dyyyy,_ gL: -c�Deputy WARNING (Gov. Code 'S911.8) If you wish to file a oourt' action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If pm want to-oonsult 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• r DATED: PHIL BATCHELOR, Clerk, By O 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 Steven Kazan, Esq. STEVEN KAZAN, A Law Corporation 171 Twelfth Street, Suite 300 Oakland, California 94607 l� Telephone: (415) 465-7728 " 1985 "�� Attorney for Claimants I I PHIL BATCHEL0^. CO y Denut i 8v IN THE MATTER OF THE CLAIM OF ) APPLICATION FOR LEAVE TO JAMES WILKERSON II, LINDA ) PRESENT CLAIM ON BEHALF WILKERSON, JUANITA MAE ) OF CLAIMANTS HERCULES, AND BARBARA JEAN ) WEAVER ) ) AGAINST THE COUNTY OF CONTRA ) COSTA ) TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: 1. Application is hereby made for leave to present a late claim under Government Code §911. 4. The claim is founded on a cause of action for spoliation of evidence, which accrued on or about October 1, 1984, and for which the claim was returned to claimants as being not timely presented. This application is made without waiving claimants' contention that their claim dated April 22, 1985 and received by the Board of Supervisors for the County of Contra Costa on April 23, 1985 was timely presented. For additional circumstances relating to the cause of action, reference is made to the proposed claim attached hereto as Exhibit A and made a part hereof. 20120 1. • "I w •s 2. The reason for the delay in presenting this claim is the mistake, surprise, inadvertence and excusable neglect of the claimants and Steven Kazan, A Law Corporation as more particularly shown in the declaration of Steven Kazan, Esq. , attached hereto as Exhibit B and made a part hereof. The County of Contra Costa has not been prejudiced by the claimed failure to timely file the claim, as shown in Exhibit B. 3. This application is presented within a reasonable time after the accrual of the cause of action, as shown in the declaration of Steven Kazan, Esq. , attached hereto as Exhibit B and made a part hereof. WHEREFORE, it is respectfully requested that this application be granted and that the attached claim be received and acted' upon in accordance with Government Code .§§912.4-912. 8. DATED: May 20, 1985. STEVEN KAZAN A Law Corporation i By: STEVEN KA Attorney for Claimants 20120 2. Steven Kazan Steven Kazan i Victoria Edises A Law Corporation Karen H.Kahn Linda J.Sloven David M.McClain Rita K.Read Burton Danziger Katherine M.Galuin A.Lennox Welsh April 22, 1985 The Board 'of Supervisors Contra Costa County 651 Pine Street, First Floor Martinez, California 94553 Re: Claim Against Public Entity (Gov. Code S§905, 905. 2, 910, 910.2) To the County of Contra Costa: Linda Wilkerson, James Wilkerson II, Juanita Mae Hercules and Barbara Jean Weaver hereby make claim against the County of Contra Costa under Government Code SS905, 905.2, 910 and 910.2 for the sum of one million dollars ($1,000,000.00) and make the following statements in support of the claim: 1. Claimants' post office addresses are: Linda Wilkerson One El Capitan Way Antioch, California 94509 James Wilkerson II 3706 Gentrytown Drive , Antioch, California 94509 Juanita Mae Hercules 82 Hillcrest Avenue Pittsburg, California 94565 Barbara Jean Weaver , 3689 Tourse 80 Magadori, OH 44260 2. Notices concerning the claim should be sent to Steven Kazan, A Law Corporation, 171 Twelfth Street, Suite 300, Oakland, - California 94607. 3. The date and place of the occurrence giving rise to this claim are the following: On or about October 1, 1984, the County of Contra Costa (hereinafter *County") caused the GII A 171 Twelfth Street,Suite 300 Oakland,C104#11111 40M)465-7728 • (415) 893-7211 j f M The Board :of Supervisors Contra Costa County April 22, '1985 Page 2 Corporation to enter County Building 333 (formerly the Los - Medanos Hospital) , located at 550 School Street, Pittsburg, -. California (hereinafter , "Building 333") for the purpose of removing materials known by the County to be evidence in the consolidated cases of James Wilkerson v. Johns-Manville Corporation, et al. , and Edith Wilkerson (deceased) , et al. v. ._ Johns-Manville Corporation, et al. , Superior Court of Contra Costa County No. 205746. 4. The circumstances giving rise to this claim are as _. follows: (a) In July 1984, claimants were pursuing a consolidated . personal injury and wrongful death action against asbestos : manufacturers, suppliers and distributors (hereinafter "asbestos -. defendants") . These actions involved inter glia their .decedent's exposure .�to asbestos and asbestos-containing materials Building 333 and decedent' s resulting injury and death. Claimants' decedent was exposed to asbestos in Building 333 from 1966 to 1978 while working there as Chief Engineer of the Los Medanos Hospital. (b) In July, 1984, claimants' attorney, STEVEN KAZAN, A Law Corporation, contacted Dan Bergman, Director of Environmental . _ . - Health for the County by telephone. Claimants' attorney required. entry into Building 333, and in particular the basement of said building, for the purpose of discovering and documenting which ,of the asbestos defendants' asbestos-containing products were present in Building 333. (c) Claimants' counsel hired a private investigator, Seth Derish, to photograph and document asbestos-containing materials in Building 333« 4n July 26, 1984, upon arrival at Building 333, Mr. Derish , was informed by Ms. Judith Sizemore, administrator at the building, that he would not be allowed access into the basement withoutpermission from the County Counsel. See attached Exhibit "1" letter from Seth Derish to the law offices 'of claimants' counsel, Steven Kazan, describing his efforts to document the types and locations of asbestos in Building 333, dated July 27, 1984. See attached Exhibit 02" , County asbestos evaluation report Of Building 333, dated March 15, 1984. • The Board of Supervisors Contra Costa.-County April 22, 1985 Page 3 (d) Between July 31, 1984 and October 4, 1984, numerous . - telephone conversations and correspondence were exchanged between - . . claimants' attorney and the Office of County Counsel in = claimants' attempt to set a date for inspection of the basement to assure that proper safety procedures would be taken considering the hazards of asbestos, and to insure that the County would not be held liable for any damage to persons -which might result from entry into Building 333. See attached Exhibit "3" , letter dated September 28, 1984, . :. from the law offices of Steven Kazan to Ed Lane, Deputy County Counsel. _ See attached Exhibit "4" , letter dated September 28,''1984, ` from Ed Lane, Deputy County Counsel to the law offices of Steven._ Kazan. (e) As a result of the above-mentioned communications and in anticipation of gaining access to Building 333, claimant's _ , . ._.. counsel hired Al Clancey, professional industrial hygienist.- for the EAL Corporation. Mr. Clancey was to enter Building 333 to document and photograph the asbestos-containing products therein.-- Mr. Clancey agreed the County would not be held liable for.. .::_.: _,:. _ :: - any asbestos-related injuries that might result from his entry ::-:' :....into Building 333, and signed a statement to that effect. ',.,..See ,, attached Exhibit "5". _ =4r.' (f) On or about October 4, 1984 claimants' agent, Al Clancey, was finally -allowed entry by the County into the basement of Building 333. After entering the basement, he ._- ._;:" _.. I discovered that approximately one week prior, GII Corporation,-, an _ employee and/or agent of the County, had entered the basement, -. ripped out and removed the asbestos materials. See attached Exhibit 06" , letter dated October 16, 1984 from Al Clancey to law offices of Steven Kazan, which recounts discovery. See attached Exhibit "7" , text of GII' s notification of -. removal of asbestos. ` (g) At all times herein, the County of Contra Costa, its agents and employees knew that claimants required evidence of the existence , location, and description of the asbestos materials contained in Building 333 for use in claimants' legal action. The Board of Supervisors Contra Costa County April 22, 1985 Page 4 5. Claimants' injury is that the removal and destruction of such evidence significantly prejudiced claimants' opportunity to obtain compensatory and punitive damages in their legal action. _.. _. 6. . The names of the public employees causing the claimants' injuries include, but are not limited to, Dan Bergman, Director of Environmental Health; Peter Lucey, .Deputy County - Counsel, and Ed Lane, Deputy County Counsel. 7. Claimants'. claim as of the date of this claim -is one million dollars ($1,000,000. 00) . - 8. � The basis of computation of the above amount is as follows: Loss of compensatory and punitive damages in claimants' ' legal action: one million dollars ($1,000.,000.00) -..- Very -truly $1,000,000.00) .Verytruly yours, STEVEN KAZAN A Law Corporation By. TEVEN RA SK:68 -" - RECE1 vFD J V L 3 0 19 84 SETH DERISH & ASSOCIATES INVESTIGATIVE & CONSULTING SERVICES 3130 TWENTY • FOURTH STREET SAN FRANCISCO. CALIFORNIA 941 10 SETH D.DERISH (415) 6141-8675 SA3LAH L rARLEY July 27, 1984 CAL.-P.I. A-75844 Mr. Daniel Murphy - -:- - -_ Law Offices of Steven Kazan - - 171 - 12th Street Oakland, California 94607 _ Re: James Wilkerson vs. Los Medanos Hospital - Our file no: 84-1552P Dear Mr.- Wilkerson: Pursuant to your request of July 25, 1984, we : - met with Mr. Porky Walden (415) .634-3294;--in aneffortto . photograph and .document asbestos materials inhaled by Wilkerson .at the former Los Medanos Hospital, 550 School Street,. Pitts- burg, California while employed at that location. n July 26, 1984, we met Mr.'"Walden at the site, .:.: i now owned by the Contra Costa Health Plan.. He informed .us - _that the boiler room was locked and .that ,we would only be able to access the building through some crawl holes. .:_However,-:,=._ Mr. ' Walden had first informed administrator .Judith A. , Sizemorewt. :-^ _ _ _ " = of our presence. . - We. first met with Ms. .Sizemore and she atated.... that she would have to clear it through County Counsel prior.,,_._.," .,to -allowing .us access to the area. She has personally been in basement and states that there" are bags of asbestos and it is very dusty down there. . She also stated that the County recently conducted and completed a complete survey of asbestos both above and below the building. She referred us to employee relations for further information on the study (see following paragraph) . Ms. Sizemore stated that the County -purchased the building from Los Medanos in 1979 -for the health plan. She - :: believes ,that they are about to completely tear out the heating and cooling ducts and all asbestos wrapped units and replace the entire system. She stressed that if we want to check out . the system, we should do it soon as this project is to start shortly. HXHIBIT...... � y Mr. Daniel Murphy Page . . . Two July 27, 1984 .. .. Res Wilkerson vs. Los Medanos We made inquiries with the County of Contra Costa regarding this study and finally were referred to. Mr. William Hamilton, Chief of Employee Relations (415) 372-4145, Martinez:`' ' Mr. Hamilton is currently heavy into union negotiations and was not available yesterday according to his secretary. . ;She was ;.:; . - fully apprised of the situation regarding Wilkerson and they are expecting our call. Should you obtain approval from the County ".fore '_;.. ; .. :. photos, "please call our office as soon as 'possible -so arran e- P P P 9' _ :ments can be made. Sincerely _ =. Seth Derish SD/mc DERISH ASSOCIATES _ encl. - • l i w. i i"{i • ..:'. ,LTH SERVICES DEPART1k:-�`JNT - ' ENVIRONMENTAL HEALTH DIYISION COUiItY COUASeJ r„ JUN 2 0 .1984 Martinez. CA 94553 Kassia Rossytn Date : March 15, 1964 Safety specialist Rirby Narciss.e-,z "' `f RZr�c:� subject: �sbestas Evaluation =:r Occupational Eealth Specialist Pittsburg Outpatient Clinic/Health Services .w De tox This report identifies the areas where . asbestos' containing °�. materials were located in the Pittsburg Outpatient Clinic ''::,. (Building No. 3.33) and health Services - Detox (BuildingFNo. 326Y. - Both buildings were inspected far both friable and non friable suspect asbestos-containing matezials. - *The' proceduie "of -inspecting for both .normally friable and non-friable suspect_`: ''.; materials was followed to identify all sources of asbestos_':' ': fibers that had the potential to be `released during mainteiianr ce� or routine office activities., Samples of suspect material were collected and individually identified. Representative samples were sub;aitted to a commercial laboratory for identification :of `:..` - uu.nera1 content. As a result of the representative samples;,: submitted for analysis, all similarly appearing and .ins talled materials are considered to 'contain asbestos .in the" amounts:' reported by the laboratorl . The condition of the materials ratings are desczibed belovr . -These are th.e sane descriptive ratings used by Godfrey Becks '_'.• - in the sur-ley report. for asbestos-containing materials in the''-``- Co n ty 3osDi tal. Good - Pine lagging and/or jacket insulation which was observed , to be intact, well encapsulated, and generally requiring no m ',.igaticn :ne��sures. Fair - P .pe laying and/or other. insulation material found to have tears and/or small areas of exposure. Minimum to' moderat-- mitigation treasures are needed. Pcor - This rating was assigned to all asbestos lagging a%d insulation materials which were found to be grossly deteriorated and/or da-maged. ., w -2- Manch 15 1984 JC • ' S s s_a Ko-'s; to. Major repair and/or removal was deemed necessary in order to effectively mitigate potential employee/ patient exposure to asbestos as a respiratory hazard. All of the asbestos-containing traterials located would _ under normal conditions be considered non-friable. Many of these materials, however, had become friable as a result of physical contact, maintenance activities, and other conditions _ such as water damage. Often, because of damage or deteriorating conditions the surrounding area has been contaminated by resulting debris. - - • • , ; , •`Xassia Rossyta -3- March 15, 1984 3,33 PITTSBURG OUTPATIENT CLINIC APSES The only suspect pipe insulation material that did not contain asbestos was located on the roof in the Surgery Penthouse Mechanical Room. The hard "plaster-like" material,--` - sample no.. 333-015-IM,. was identified as containing mineral - -- wool ineral wool and calcite. The mineral wool represents the insulating material used around pipe, while calcite was used on the` ` junctions . (e.g. valve areas) . - Listed below are the areas where asbestos-containing" insulation materials were used on pipe. Most of the pipe was 4 inches and 5 inches outside diameter; however, in some areas: the pipe is as large as 12. inches outside diameter Area Approximate Linear .Feet - Main boiler room 200 z _. Wing r3 penthouse (roof) T. 20 Wing #4 mechanical room 100 Emergency. generator bay 10 Underneath "ma in hallway (mama tunnel) . 1050 - Underneath Wing #1 ".1000 _ Unc?e=heath Ming2 200 -i'�derneat': Wing #3 = 200 Underneath Wing 04 7130 Underneath Wing 15 600 Underneath Wing 16 800 Underneat-h Wing #7 20 , Approximate total 4900 K,assia Kossyta -4- March 15, .1964 Asbestos containing materials were located in the 2' x 41 ceiling tiles (333-011-XU4) of the suspended ceiling in the hallway of Wing 11; the remaining 12" x 12" floor tiles .{,333-006-nll and all exterior siding materials (333-009-XN and 333-010-I,N- j of the building. -As reported by Godfrey Becks in the 'June 14, 1983 Health Hazard Evaluation memorandum for the clinic's boiler room there are approximately 450 sq. ft. of boiler/tank. insulation that contains asbestos. r There are also approximately 75 3-foot sections of ,.used and unused asbestos-containing pipe insulation material stored on top of the restroom in the main boiler room, and .another 50 similar .3-foot sections of material stored under Wing. #1 - Two 30 gallon bags of material to be treated as `asbestos- . containing are stored underneath W::ng #l,`-�and .a similar .bag of material is stored in the Emergency'General Bay CONDITION E.{trenely hazardous working conditions: exist .in the crawl - spaces of ,the main tunnel, underneath Wings #1 and #5, where there is an extensive amount of damaged ;and deteriorating pipe insulation. In addition, material .has fallen from the pipes' . onto the floor where maintenance and construction activities have, magnified the contamination problem in' these areas. - Most of the contamination in other areas is on the ground _ outside the building, near the en try -doors - to the crawl spaces,'_ . z*zd .underneath the building in' the same .area. _ The 2' x 4' ceiling the in Wind Il`-is in good condition with onlv r:,inor surface scratches inn"iome areas. The sample of 12" x 12" floor tile represents all floor tiles still present in the building. Most of the tiles are intact; however, many of the tiles have been removed during the remodeling activities currently taking place. The, entire exterior of the building is covered with asbestos'-containing siding. The siding material is intact, .. F. except for a few damaged areas. -Pieces of this siding are on the ground near the building, and there are many pieces of - the siding under W_ng #5. - _ _- ,.��_ a�'.e+•:Y-�' '61.i�'-le:i�.ai •_-�'°r'_•`'"'�1:.':.��L':aS:t-.•a.�oa+er�..,r.��_.�...�... -. ': tin -5- March 15, 1984 Kassia Kossyta CORRECTIVE AtTIOIIi(S1 TO BE CONSIDERED - g,ernve deteriorated insulation. - Re-cover, rewrap or patch torn areas. - Remove insulation debris and dust from the floor . _ and ground. - Remove pipe insulation and bags of insulating material'= stored is the boiler room. .generator shed .and underneath Wing #1. Install barriers that will protect .exposed and . vulnerable areas. PF.ZOF.ITY FOR CORRECTIVE ACTION The extremely hazardous conditions that exist in the boiler room and underneath many ares -of this building warrant_ , . the highest priority for corrective ,actions.' '. - -� Kassia Kossyta•� -6- . March 15, 1984 .. ... ....................... 326 HEALTH SERVICES - DETOX AREA Asbestos-containing materials were located on pipe- . insulation (approximately 1300 linear feet) ; and boiler related insulation in the boiler room and underneath the building ' :.` . (approximately 75 sq. ft. ) . The floor_ tiles inside the building and the exterior siding material also contain. asbestos. - CONDITION The pipe insulation under the building and in' the boiler` :`:=" room has areas where the condition is fair. to poor. The' boiler, including the bailer stack, has areas that"are in poor condition: .".= As a result of damage and deterioration, debris from asbestos- _` containing insulation .materials has ,contaminated -areas .of the floor underneath the building and the .boiler ''room' . : In general, the floor tiles .throughout -the building are >= `= 77. ingood condition. Water damage has .caused the .floor tiles . in the meeting room to be loose. _ 7,7 The exterior siding of the building is in good condition*. CORPXCTIVE ACTION (S) TO BE CONSIDERED - Remove deteriorated insulation. - - Re-cover, rewrap or patch torn :areas.° Remove insulation debris and 'dust from the floor and ground. Install barriers that will protect exposed and vuLnerable areas. PRIOPaTY FOR CORRECTIVE ACTION Corrective action to prevent further deterioration from insulation on pipes, and boiler and related areas, should be given h?gh priority. 'Rasaia Rosayta` -7- March 15, 1984 GENERAL INTERIM MEASURES TO BE CONSIDERED FOR PITTSBURG OUTPATIENT CLINIC HEALTH SERVICES-DETOX Post area to warn personnel that asbestos-containing materials are present, and have a telephone contact to call before disturbing any materials in the area or in the event of an emergency condition. Post area as required by Cal/OSHA until .the corrective =, actions are completed. : - Insure that all personnel performing activities in the area are trained and use protective equipment as . required. Insure that all personnel are. trained in the _proper ,.- �. handling and disposal procedures-.for s asbetos-containing materials. _ - Arrange for personnel monitoring`when'`personnel 'are`= require' to disturb the asbestos-containing materials:.' - Institute procedures to report unsafe conditions .involvixig asbestos-containing rraterials. - Institute procedures and policy to insure that asbestos- containing materials, especially pipe and tank insulation,: :,.:. ::. are not damaged by storage or other activities. • Sur... Kasaia Koasyta -8- March 15, 1984 SAMPLE IDENTIFICATION PITTSBURG OUTPATIENT CLINIC 333-012-IN Pipe insulation, boiler room 333-002-IG*I _ White powder (debris) , electrical room 333-003-M Corrugated pipe insulation, steam line, .boiler room 333-004-RN Ceiling insulation, boiler room 333-005-KN Spraved-in attic insulation, main hallway r 333-006-ISI Floor tile, Wing #7 333-007-KSI Ceiling the (old) , Wing 17 333-008-KN Ceiling the (new) , Wings - 333-009-14N_ Outdoor siding. (new) ,* Wing #5 - 333-010-KN . Outdoor siding (old) , Wirig 46 333-011-IN Ceiling tile, Wing #1 _ 333-012-ICI Attic insulation, old kitchen 333-013-KSI Corrugated pipe insulation, crawl ' Wing #2 333-014-STUN Pipe insulation, crawl space Wing #2 333-015-ICI Pi a (elbow) insulation,± surgery penthouse - r 333-016-IM Pipe insulation, mechanim.1- room` Wing' #4... 333-017-KN Corrugated pipe insulation, crawl space Wing #6M 333-018-Kry Pipe (elbow) insulation, crawl space, Wing #6 :`. HEALTH SERVICES - DETOY 326-00.17ILi Corrugated pipe insulation, boiler room -+ - 326-002-K:; Pipe insulation, boiler room 326-003-MI Floor, t.- le, main hallway %T4,N b f ' C=: Dan Berg:= • Thermo FEZ Bectron EAL Corporation �oA�o4-•'0^' 2010 Wright Avenue Richmond.California 94604 (415)235-2533 (TWX)910.382-8132 r e>✓o r t t o: CONTRA COSTA HEALTH SERV. SAMPLE: IDE:NTIF_ICATION ASBESTOS OTHER COMPONENTS FAL. CUSTOMER •- TYPE =:: .. ...__ �c _ . - TYPE 99-305-9 333-009KN 1 /31/84 5-10 chrpsetileq` ..ealc to - mist : czrticles 99-305-30 333-01CKN _ -10 c ,r =ati1e. . Q0 '9c, ca cit. _ S 99-30-S-1133:-0111;N = -10 am:,sitc� - - +�:= mine ral Wi001 rarti.cic- 99-305 -12 33.3-01ZKV 0 " ncrc detected ; GG m,ncral wool ac-305-13 333-0131.i'� y0 -�i ct,rysatile. ` =10 coil -16zc. :. Y mine. F:a c ` i c l e 5 59-305- 14 333 -Oi'l't;ir' S-10 Bir.-o i C Z:tO ='_i0 calcite 5- 1G clhr:zotile mist. particles 333-015t;N ( I ;lone detected 1`10 mineral wool - - c411_ite - - -particles '. : 0-30 a^ it � e1EnV g3( S-3b 333O ` - i- 5 r:: - = . a,I sc. '"carLicles r'JSOt 1e yc-3G5-17 333-017KN 2/ : /34 90 -`a_ chry ;:.t i JE - -10 `ce11u 1 t3' - -?0� -�8 333-03 NYNI 10 2i• aTro cr. ,r e E.Ci %c: -culcitr 10-2 0 c.:ry:oriie mistar-icles Analysis by relarizcd :iaht microscopy- HTgq 8'1 Je.• f reBrown ---... _.Eye/R%/ COSTq r rcaraw Mina•:_. . NE•�Tq( co,,�Ty Ccr"ration iabor•:,tor_es arc Accredited by r.l.e Ain�.. :_:,r. i^d�_ist;^i:�l AS SCC2At:cn. a:r !'_. E(4. ;► i.ia :'11 '11' C.. Cal i Cit".. :+ L•'_C r t^I- L c ri C.%CA nilca raC % Fact: rillcr: J1 e.n Ab I' Ct:Z:i'. u:::i�:J;r'. . Thermo Corporation FT= Electron EAL Cor P COAPQF,�•,QN 2030 Wright Avenue Richmond,California 94803 . (415)235.2633 (TWX)910.332.3132 ANAL.YS 1 S REPORT - CONTRA COSTA HDUT}i SLAV. - -- DA'E: 2-2 y_o q _ P.O. BOX 87: Sm _e's`. Rci:L-_vcd 2 -84 - 1 i;,A 1 STREET 11 . ....�1. _'IR_L"T rr:L �:: c?��. A i-x.700 MkRT1NE3.CA 44-5.53 }:IPP Y INAR*CISS� SA."PL.E 1DENT F C'ATION' -- -- -- ._A� li;s���`,_ - - --- --0THAER CUMF'UNEN"S - -- . - - - Ll r• i 1 C. it12 •i�; T:3r -Cies t. . Zh" v51- 2O� T•: CL tCC`• t. =CC,(! r,atClCC n'i r•�s r clez 3(t3 : ji=;i �G vt: �d�; �r� ( :r!' :� _lf CCLUIC C - Ir.I C F•j.L Cl C.: :3.-_ � i °i .�� =Ol�•i}�:� riCrrl' C:'.'+:CtC.L E.: i(t'i ..a ✓a r ta 30t. l (i1+ R.2T.eLe3I G?�GI I . - - rJ C: .za.r t1.Cle5 300 -C• 333-i�0 Y.j s-� c};'ry��t..i.�..+; �7 talC?te` ziC_e! �J•�-t�)� 3>?' V t.iJ C1 rl.:rl(.' :•1`x:7 + (,:I 'r; -11i1G.q� .�•..7v1E' Z{l-1�r11�'.jv 1 rion _ 7.0-7 i. - Gi' =C'ilu". - trisC. :la_!:c*je= RECEEIVED i FEB 29 1954 CONTRA COSTA COUNTY ENVIA0Nh1:NTAL HEALTH Y '+,+ - fir•• _ - Thermo Electron EAL. Co poration 2430 Wright Avenue Richmond,California 94804 (415)235-263; _ ... (TWX)910-362-8132 p,NALYSIS REPORT . CONTRA COSTA HEALTH SERV. DATE: - 2-24-84 - -- P.C. BOX 871- Samples Received:` ...2-21=84 11}1 WkPD STREET EAL W.O. •No. ' 7-5700: :x; - .-!.RT1NEZ,CA 9455.3 .. .Purchase Order No.. `:, P90977SEG AWN: KIRBY NARCISSE SAMPLE IDENTIFICATION ASBESTOS OTHER COMPONENTS rAL CUSTOMER % TYPE HEALTH SERVICES-DETOX ; 326-001KN 2/1 /84 - 70-80 chrysotile 20 30 .cellulose, MI - sc." particles._.:.... 99-304-2 3267002KN : 10-20 amosite 70780, calcite 5-10 chrysotile mist..." part-ides w°:. 99-304-3 326-003KN 10-20 chrysotile .- "_--80-90 -calcite_ misc. .°particles - &-nalysis by polarized light .microscopy - _ ezfrey Brawn _. Program Y.anace• _ - LAL Corporation laboratories are Accredited by the American 'Industrial hygiene Association; approved by t1he State of California for .complete_ '- chemical , radioloeical , bacteriological, -and .bioassay analyses.; REC 1 FEB 29 �c CONTRA COSTACOUNTY,, Et1VIRot;MEWAL HEALTH woven Kazan ]7l TA eF-: 'reef. Suite'300 A Law Corporation GaNicnd. Coffornia 94607 Y (41, , 7723 G�l ` =� 7211, ( Steven Kazan ' PC;:: ;: HRingtW Ed September 28 , 1984 ' :.: Ed Lane Office of County Counsel Contra Costa County 1 �. County Administrative Building = _ Post Office Box 69 Martinez, CA . 94553-0006 Re: Access to Building No. 333 - Dear Mr.. Lane: As we, have informed you in past telephone conversations, we have retained the services of the EAL Corporation, a company experienced in handling hazardous materials, for,purpose of obtaining photographs of the interior of _ building No. 333. The EAL Corporation has agreed that -the, person `it employs =to enter the building will be in compliance with all of_. ..-; the applicable requirements of Title:8 :of 'the California - Administrative Code, including section-- 5208 (d) (3) and 5208 (e) . It is1agreed that the County of Contra -Costa will not be " held ,liable for any. asbestos related injury or illness that may result from EAI, Corporation's entry into building % No. 333. -_ Verytruly yours, s STEVEN KAZAN - A LAW CORPORATION By r. Katherine M. Galvin i EXH113ITZ RECEIVED OCT 1 : 1%4 VICTOR J.WESTMAN OFFICE OF COUNTY COUNSEL couNTYcouNS ARTHUR W.WALENTA.JR. CONTRA COSTA COUNTY � . .. i . ASSISTANT COUNTY AD"NtSTRATiON BUtLDtNG j, P.O.BOX 69 MARTINEZ.CALIFORNIA 94553-0006 r... PRONE is 7 5!372-2071 September 28, 1984 David M; McClain, Esq. STEVEN KAZAN, A Law Corporation 171 12th Street, Suite 300 Oakland CA 94607 r. Re: Request for Access to Building No. 333 Dear Mr: McClain: . . . ; Enclosed is a draft certification and waiver which will be acceptable to the County. Access to the building should be arranged through Jerry -Bechtold of the Public Works' Department at 372-2214. W If you have any questions feel free to call me at 372-2052. > :: Very truly yours, Victor J. Westman , count y y: E. Y.., ane - D ty"Co ty Counsel EVL:Is cc: Jerry Bechtold Jean Haskell y ._jt• ,' Mayr'» -=-'" Corporation EAL -- ' -••;��:' , 2030 Wright Avenue ~K> Richmond, CA ' 9 4 8 0 4 September 28, 1984 Ed Lane Office of County Counsel '} „ Contra Costa Count - _ County Ad- i nistrtive Building +.... y Post Office Box 69rY, Martinez, CA 94553-000.6 -'.. - ==- Re. Access to Building No. 333 ��----- Lane: Dear Mr.[ * x i have agreed that the Countv of 'Contra .Costa County will not be held liable for anv asbestos related illness rf;A or injury that may result from, myentry into building •z; �:- Thank y out ' Al Clarice X: h I i f,. j RECOV ED 0.16 i l 91984 Thermo �. Electron - EAL Corporation C0PP0RAT#0N 2030 Wright Avenue 9 - Richmond,California 94804 (415)235-2633 _ (TWX)910-382-8132 1 October 16, 1984 = _ Steven Kazan Ref: EAL W.O. 617300-3238-1 A Law Corporation _ t 171 Twelfth Street — Suite 300 Oakland, California :94607 E Attention: Dan Murphy Dear Mr. Murphy: As Instated in my phone conversation of.10/4/84, the containers with asbestos insulation manufacturer's name had already been removed when I . . arrived at the Los Medanos Clinic in Pittsburg; California.-! --71- _ : However, I did make measurements of the asbestos covering presently in - place inGthe'boiler room, take pictures of said covering, and transcribes the contents of a "Notification of Activity Commencement" posted in the_:..-; boiler room. _ Presently there is approximately two,hundred square feet of pipe covering and approximately four hundred square feet of"hot water.tank` insulation which contain asbestos (see table). All lagging has been re— paired and asbestos caution stickers have been affixed to-the lagging. Pipe Insulation. . . " _ Pipe Sze Lineal Feet - Square Feet : 10" - 15 39 ; 8.. _ . 5" 100 131 ...197 > Tank Insulation Tank Diameter Tank Length Square Feet : 5' 8' -... . 100 41 8' 100 5' 12, 188 388 eoi .EAL Corporation -2- Steven Kazan October 16, 1984 Attention - Dan Murphy Ref: EAL W.O. 617300-3238-1 Mr. Joe Hopper, engineer for the building, advised me that General Industrial Insulation (GII) completed their work in the boiler room on September 28, 1984. According to Mr. Hopper, GII repaired damaged lagging on lines and hot water tanks and removed box(es) of unused asbestos pipe covering'which were located in the storage area above the locker room/bath room. There were no bags of packing mud to his -knowledge. :.. I contacted GII and their foreman on this project, 'Jim Hilton, reportedly could not remember the manufacturer name on the box of unused pipe covering. . . I have included the text of the notification; ten 'trim print instant photos, and the undeveloped roll of 35_ mm film: Please contact me if I can be of further assistance. Best regards; - Alfred .E. .Clancy . - Industrial Hygienist _ .. AEC/php Enclosures z' i I t - EAL Corporation i GII (dated 9/7/84) Addressed to BAAQMD District* " 939 Ellis Street San Francisco, CA Re: Notification of Activity Commencement Rule 2 - Asbestos; CAL/OSHA Reg No. 3291 EPA ID No. CAD-053904777 In Accordance to Regulation 11, "Hazardous Pollutants Rule 2 - Asbestos; Section 11-2-401.3 .Reporting (a) Name of Owner: Pittsburg Health Center (b) Address of Owner: 550 School 'Street Pittsburg, CA - (c) Address of Facility: : Los Medanos -Hospital 550 School .Street - CA ._ _ . Pittsburg,' - - - - (d) Description of Renovation Equipment: = , piping Age: unknown r Prior Use: insulation -- Amount of . 700 lineal feet approximately of friable material miscellaneous IPS pipe insulation to be removed: (e) Start of renovation -9/17/842 tentative (conf. by phone) - Complete renovation one week ..' (f) Nature of renovation: : Strip repair damaged asbestos- . laden pipe covering from mise ; MPS using accepted methods (g) Wetting method(Sec. 11-2-303.1) =.: GII 418 North Buchanan Circle No. 9 Pacheco, CA 94533 - (415 827-9830 • - _.._ Bay Area Air Quality Management District MHIBIT..,... - i DECLARATION OF STEVEN KAZAN, ESQ. I _ I , STEVEN KAZAN, do hereby declare: 1. ; I am an attorney at law duly licensed as such by all ,of the courts of the State of California, and am one of the attorneys; for claimants herein. 2. In July 1984, claimants were pursuing a consolidated i personal injury and wrongful death action against asbestos manufacturers, suppliers and distributors. These actions involved 'inter alia their decedent' s exposure to asbestos and asbestos-'containing materials at Los Medanos Hospital, also known as Contra Costa County Building 333. . The claim against the County of Contra Costa arises out of the County' s spoliation of evidence in these actions. 3. The series of incidents leading up to the accrual of claimants' action against the County of Contra Costa is found in their claim, attached as Exhibit "A" , and made a part of this declaration. 4. iOn April 22, 1985, within one year of the date of accrual of claimants' action, claimants mailed their claim to the Board of , Supervisors for the County of Contra Costa. Their claim was received the following day, and was returned to my office on April 30 1985, as being untimely presented. 5. Claimants assert that the presentation of their claim is timely so long as filed within the one year period .provided for under Government Code §911. 2. Therefore, claimants' failure 20120 i EXHIBIT "B" I i to presejt their claim within 100 days of the accrual of their ' action was a result of mistake, inadvertence, surprise, or excusable neglect. 6. I The County of Contra Costa has not been prejudiced by r claimants' failure to present their claim within 100 days of the accrual of their action, and any delay in the presentation of f I said claim has not been unreasonable. I declare under penalty of perjury that the foregoing is true and correct. Executed this 20th day of May, 1985, at Oakland, California. i' IF G I' h f STEVEN KAZAN, SQ. Attorney for Claimants i i If; ii N' N i. i i' Illi i' dill t I'N 20120 EXHIBIT "B" k i it APPLICATION TO FILE LATE CLALM 1-04(; BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA as B6ard ot, Conmissioners or the Housing Autnority of BOARD ;ACTION Contra Costa District June 25, 1985 Application to File Late Claim ) NOTICE TO APPLICANT 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: Deborah Arntf field Cqunty Counsel, Attorney: Marvin K. Lewis Lewis i& Lewis W3 1 1985 Address: Penthouse-American Savings Building 690 Market Street Hand delivered. Martinez. Ca 9a553 Amount: San Francisco, CA 9410$y delivery to Clerk on Mav �A 1985 $50,000. 00 Date Received: May 29, 1985 By mail, postmarked on I. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to F'le Late Claim. DATED: May 30. 11985 PHIL BATCHELOR, Clerk, By Deputy Ann Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors { ( ) The Board should grant this Application to File Late Claim (Section 911.6). 'I' ( �) The Board should deny this Application to File Late Claim (Section 911.6). DATED: / 3 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 enteredlin its minutes for; this date. j DATE: PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code 5911.8) j' If u wish to file a court action on this matter, u must first petition aro , � aro pe the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months Pram the date your application for leave to present a late claim was Aeenied. I � 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 TO: 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: (o PHIL BATCHELOR, Clerk, By C- ,,,,,l., Og _Q Dl ) Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board j of Supervisors Received copies of this Application and Board Order. r DATED: County Counsel, By jj. County Administrator, By APPLICATION TO FILE LATE CLAIM JI 44 j' , I i • k I MARVI-N- K. LEWIS, FSO. (SPACE BELOW FOR FILING STAMP ONLY) 2 LEWIS & LEWIS {*��, Ti t 3 ATTORNEYS AT LAW -yam v� ,�` 4 PENTHOUSE-AMERICAN SAVINGS BUILDING 690 MARKET STREET SAN FRANCISCO,CALIFORNIA 94104 5 (415)421-7616Plaintiff 1;to F.A, PEI gqr E�O? y !cSCyAw!l lei y'Pt:` r�.. I 6 ATTORNEYS FOR 7 8 IIT THE SUPERIOR COURT OF THE STATE OF CALIFORNIA • r 9 FOR THE COUNTY OF CONTRA COSTA 10 In the matter of the 11 claim of DEBORAH ARNTFIELD APPLICATION FOR u agaiInst County of Contra LEAVE TO PRESENT 12 Costa as Board of Commissioners LATE -CLAIM of the Housing Authority of [Govt. Code §911 .41 13 Contra Costa. District j 14 15 TO: COUNTY OF CONTRA COSTA AS BOARD OF COMMISSIONERS OF THF, HOTTSING AUTHORITY OF CONTRA COSTA COUNTY 16 DISTRICT I 17 1 . Application is hereby made for leave to present 18 a late claim uncl.er §911 .4 of the Government Code. This 19 claim is founded on a cause of action for maintenance of 20 a dja.ngerous condition on premises which accrued on May 21 26 ,1 1984, and for which a claim was timely presented on 22 July 5 , 1954 and for which an amended claim was- denied 23 by 'the Board of Commissioners of the Housing Authority 24 oflContra Costa County on April 17, 1985 • For additional 25 circumstances relating to the cause of action, . referencej 26 isi'ma.de to the proposed claim attached hereto as EXHIBIT= i ;I ` I i f t r 1 "A'? and made a part hereof, and to the proposed amended u 2 claim attached hereto as EXHIBIT "B" and made a. part hereof. 3 2 . The reason for the delay in presenting this 4 cl.aie is the mistake, inadvertence, surprise and f 5 excusable neglect of the claimant DEBORAH ARNTFIELD as 6 morel particularly shown in the declaration of DEBORAH 7 ARNTFIELD attached hereto as EXHIBIT "C" , and a 8 declaration of MARVIN K. LEWIS attached hereto as h 9 EXHIBIT "D" . The County of Contra Costa as the Board 10 of Commissioners of the Housing Authority of Contra z �. m 9 11 Costa County wa-s not prejudiced by the failure to timely X12 file the claim as shown by the declaration of Marvin K. y z f a Z « Q o y 13 Tewis, Esq . attached hereto as EXHIBIT "D" and made a w W < 14 part hereof. N Z 15 WHEREFORE, it is respectfully requested that this N { 16 application be granted and that the attached claim be 17 rec'eived .and acted upon in accordance with §912.4 18 through &Q12 .8 of the Government Code. 19 DAmFD: �)2-9)95 LEWIS & LEWIS a 20 21 BY . L :WI S 22 On behalf of DEBORAH ARNTFIEI�D 23 24- 25 4- 25 u 26 (, f -2- i . t ti 1 MARTTIN X. LEWIS, ESQ. (SPACE BELOW FOR FILING STAMP ONLY) 2 3 LEWIS & LEWIS ATTORNEYS AT LAW PENTHOUSE•AMERICAN SAVINGS BUILDING 690 MARKET STREET SAN FRANCISCO,CALIFORNIA 94104 5 (415)421-7616P1aintiff 6 ATTORNEYS FOR 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF CONTRA COSTA 10 In the matter of the 11 claim of DEBORAH ARNTFIELD DECLARATION OF against County of Contra DEBORAF ART?TFIELD 12 Costa as Board of Commissioners IN SUPPORT OF LATE of the Housing Authority of CLAIM 13 Contra Costa. District 14 15 I , DEBORAH ARNTFIFLD, declare as follows; , r 16 1 . I am the named claimant in the above-entitled 17 claim against the County of Contra Costa. 18 2 . On July 5 , 1984 , I filed a claim for damages 19 against the Housing Authority of Contra Costa County 20 a.k'.a. Board of Commissioners of the Housing Authority 21 of Contra. Costa County, thereby alleging that the named 22 defendants constructed and placed a wheelchair access 23 ramp to my place of my residence at the Contra Costa 24 Housing Authority, which said wheelchair access ramp u G 25 constituted a dilipidated , insecure and dangerous 26 condition upon said premises. a -3 ' u Prior to May 26 , 1984, the date of the incident 2 alleged in said claim, I had requested that the Contra 3 Costa. Housing Authority build a wheelchair access ramp a 4 to my place of residence so as to allow access to and 5 exit from my place of residence. The Contra Costa 6 Housing Authority, through its agent Annabelle Leithner, 7 first agreed that they would build a wheelchair access 8 ramp, and then later refused to build a. wheelchair 9 access ramp but informed me that 'I could request a 10 friend to' build a, wheelchair access ramp for me. I 11 then requested a friend to build a wheelchair access w d F 12 ramp for me . ay� M z a a o m 13 A . Prior to and during the construction and 3 � Z v ` LU 14 placement of the herein alleged wheelchair access ramp 2 y 15 to !my place of residence, I became ill and was hospitalized 16 for a period of time . Upon my return ,to my residence 17 a.tIthe Contra Costa County Housing Authority, said 18 wheelchair access ramp had been constructed and placed. 19 5 . At all times prior to and on the date of filingY 20 my. cla.im against the Contra Costa County Housing 21 Authority, I believed said wheelchair access ramp- had 22 been so constructed a.nd, placed by the Contra Costa 23 County Housing Authority. 24 6 . On July 9 , 1984, I received notice from the 25 Contra Costa County Board of Supervisors that my claim j 26 was rejected in full. _4_ i 4 I called my friend `7 On ar , about April , 1985 , 2 Wayne, and, was told that it was he, rather than the 3 Contra Costa. County Housing Authority, who had constructed , - 4 and placed the wheelchair access ramp at my place of residence'. 5 8. On or about April, 1985 , I called my attorney, 6 Marvin K. Lewis and spoke to his law clerk and informed 7 him that the wheelchair access ramp in question was 8 not constructed. and placed by the Contra Costa County 9 Fousing Authority, but was constructed and placed by 10 my friend. Wayne. 11 q , On April 16 , 1985 , my attorney Marvin K. N Q z w < F ° 12 Lewis, presented an amended claim against the Contra tzN WzQ z 9 dY " 113 Costa County Housing Authority which deleted allegations < N$ 14 that the Contra Costa County Housing Authority had b� z 15 constructed and placed said ramp and instead alleged 16 that the Contra. Costa County Housing Authority had 17 notice of, owned. , operated and maintained an insecure, 18 dilapidated and dangerous, condition upon said premises. k 19 10. On April 25 , 1985 , my attorney Marvin K. 20 Lewis, received a notice that the County of Contra 21 Costa as the Board of Commissioners of the Housing 22 Authority of Contra Costa County had . d.enied my amended 23 claim as it was not presented within a 100 days after 24 the event or occurrence as required by law. 25 I declare under penalty of perjury under the laws 26 of the State of California that the foregoing is true -5_ ; b� 1 and correct to the best of my knowled and that this 2 declaration was executed this Zyof May, F19859 3 at S�cramEinto, California. Q } I, t 57�: D..�R RAH ARFTF 6 y 7 8 9 10 2 ; ; moo 12 ry� Q N N ° 13 z j < Wa ltd i W 15 d 16 17 i 3 18 ++I 9 t '19 20 21 22 23 1 h 24 25j 7 26 r —6— i 4 4 i 1 MARVIN K. LEWIS, ESO. (SPACE BELOW FOR FILING STAMP ONLY) 2 3 LEWIS & LEWIS ATTORNEYS AT LAW 4 PENTHOUSE-AMERICAN SAVINGS BUILDING 690 MARKET STREET SAN FRANCISCO,CALIFORNIA 94104 5 ( (415)421-7616Pla.intiff 6 ATTORNEYS FOR r 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA f 9 FOR THE COUNTY OF CONTRA COSTA 10 In tine matter of the 11 claim of DEBORAH ARNTFIELD DECLARATION OF agai�n.st County of Contra MARVIN K. LEWIS 12 Costa, as Board of Commissioners IN SUPPORT OF FILING of the Housing Authority of LATE CLAIM y 13 Contra Costa District 14 { 15 I , MARVIN K. LEWIS, declare as follows: 16 1 . I ,am an attorney duly licensed to practice law 17 in the all the Courts of the State of California. 18 2• I am the attorney of record for claimant 19 Deborah Arntfield herein. r 20 3 . On July 5, 1984, I filed a claim for damages w 21 on behalf of Deborah Arntfield alleging that the Contra k 22 Cos,ta. County Rousing constructed and placed .a wheelchair ; 23 access ramp 'in a dilapidated and dangerous condition at 24 claimant' s place of residence. 25 4. At all times prior to the filing of that claim, ,, 26 I was informed by claimant Deborah Arntfield that she I p 1 believed that the Contra Costa County Housing Authority 1 2 had. constructed and placed the said wheelchair access rampu. 3 15 . On or about April, 1985 , my law clerk had a 4 telephone conversation with claimant Deborah Arntfield p 5 ` � who ,`told him that she had been informed by her friend I 6 WaynIe that the Contra Costa County Housing Authority I r 7 didnot construct and place the wheelchair access ramp, y 8 butithat claimant' s _friend Wayne had constructed and ,4 9 placed the' wheelchair access ramp. 10 6 . The hereinabove mentioned wheelchair access AQ 11 ramp was in a dilapidated , insecure and dangerous � r - w naf ° 12 condition from the date it was constructed and placed q� } dW U Z u ; o 13 up to and includ9.ng the date of the incident alleged in w W 14 Deborah Arntfield.' s claim. The Contra Costa County .a W ce 15 Howling Authority had actual notice of the dangerous I 16 condition of the wheelchair access ramp, and yet owned, I r 17 operated. and maintained the wheelchair access ramp so 1.8 as to allow the dangerous condition to exist and �I 19 continue, thereby endangering claimant Deborah Arntfield a 24 each and every time she used the wheelchair access ramp. 21 7. On April 17, 1985 , I presented an amended 22 claim against the Contra Costa County Housing Authority , 23 strriking the allegations that the Contra Costa County =� 24p Housing Authority had constructed and placed' a wheelchair 25 access ramp and instead alleging that the Contra Costa 26 County Housing Authority owned , operated and maintained b p . -8_ k yl I a dangerous condition upon its premises. 2 P. On April 25 , 1985 , I received notice from the 3Gaunty of Contra Costa that the hereinabove mentioned 4 f amended claim was denied and returned as it - was not 5 presented within' 100 days after the event or the 6 F occu�rence ,as required by §901 and 911 .2 of the Government 7 Cade;. I declare under penalty of perjury under the laws li s 9 of the State of California that the foregoing is true 14 and correct to the best of my knowledge, and that this z 9 ll decl�a.ration was executed this 22nd day of May, 1.985 at 3 a z w azc ' LU < ° 12 San lFrancisco, California. l] Q Y old 13 x. 14 8 " MARVIN K. LEWIS 15. I a 16 17 3 18 19 20 21 � i 22 23 24 i7 25 gg 26 u j -9- q EC,EFVED, CLAIM=AGAINST: JR, COUNTY OF CONTRA COSTA; CX" D 'OF SJr l d TO ; Housing Authority of Contra Costa County CLAIMANT' S NAME: Deborah Arntfield CLAIi See below MANT'S ADDRESS:, - s _ CLAIMANT'S TELEPHONE kIUMBER See below_ _. $50,00_A 00 AMOUNT OF .CLAIM. . ADDRESS TO WHICH NOTICES ARE TO BE SENT: Marvin K, Lewis ,: Esq. . Lewis & Lewis - 690 Market Street, 16th Floor:_- _ . Sari Francisco, CA 94 , DATE OF OCCURENCE OR TRANSACTION• May 26 , 1984 PLACE OF OCCURENCE• 1220 Mariposa Street Rodeo, CA HOWDID ACCIDENT OR TRANSACTION OCCUR? The Housing Authority provided Deborah Arntfield with a dilapitated and insecure plank of wood so that she could bring her wheelchair up and down. The plank was merely a° few inches on either side 'wider than the wheelchair thereby endangering her every time she used the wheelchair. On the .date of the occurrence, herwheel went off the side of the plank ' as a result of the unsteadiness ofithe plank and its narrowness , causing her to fall on her. side violently to: .the ground. { _ DESCRIPTION OF INJURIES : Claimant has suffered severe lower back and cervical .injuries DATED: June 26, : 1984 SIGNED MA RVI K.__LEWIS.. . y _ 1. r ECEIVE , S . ~ fiN11 RATC*101 �C1Et ' AND 0"SUPERVIS0R3 I /, 7 ,i r AyT CLAIM r5 e S TO: r Rousing Authority of Contra. Costa County CLAPMANT' S NAME: Deborah Arntfield CLAIMANT' S ADDRESS: 4133 W. 141st Street Hawthorne, CA 90250 CLAIMANT' S TELEPHONE NUMBER: (213) 973-2395 AMOUNT, OF CLAIM: . $50,000.00 ADDRESSES TO WHICH NOTICES ARE SENT: Marvin K• Lewis, Esq- ii Lewis & Lewis K 690 Market Street, Penthouse San Francisco, CA 94104 k Telephone: (415) 421-7616 . 1 DATE OF OCCURRENCE: May 26 , 1984 t PLAICE OF OCCURRENCE: 1220 Mariposa Street Rodeo, CA ,r H 0 W�� DID THE .ACCIDENT OR TRA7SACTION OCCUR: Prior to the date of the r oecurrence' herein, claimant requested a wheelchair access ramp to her apartment .from the dousing Authority . oflContra Costa County. Said Housing Authority first agreed to provide said ramp and ' then refused to provide ` a ramp !'or claimant , but agreed that claimant could request a friend to build the ramp. Claimant did so.- The 'dilapidated and insecure plank of wood was' in.. place !i for';p prolonged time and the Housing Authority had actualand constructive notice of said insecure and dilapidated condition of. the plank of Wood . The plank was merely a few inches on either side wider than the whe.Qlchair thereby endangering every time she used the wheelchair . On the date 'of the occurrence, her =wheel went off the side of the plank as 'a result. of the unsteadiness of the plank and its narrowness, causing her to .fall violently to the ground . _ ' f 2 Page ,Iwo I Ap inst FousinF i JI 4 ' 5 ( UFSCRTPTION OF INJURIES: 6 I Claimant has suffered severe lowerback an b d cervical injuries.' 7 8 I nATFn, LEWIS & LEWIS i 1 9 10 Z BY � 11 MARVII S 12 Attorney for Claimant '! • ` � r < I Y 13 - x 14 C Z � 7 15 I L 16 I 17 18 19 20 21 I i 22 f I 23 24 25 26 I