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MINUTES - 07101985 - 1.21
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA Adopted this Order on July IOL 1984 , by the following vote: AYES: Supervisors Powers , Fanden, Schroder & Torlakson NOES: None ABSENT: Supervisor McPeak ABSTAIN: None SUBJECT: Affidavits of Publication of Ordinances This Board having heretofore adopted Ordinances Nos . 84-21 , 84-23, 84-24 , 84-25 , 84-26 , 84-27 , 84-28 and Afficavits of Publication of each of said ordinances having been filed with the Clerk during the month of June 1984 ; and it appearing from said affidavits that said ordinances were duly and regularly published for the time and in the manner required by law; NOW , THEREFORE , IT IS BY THE BOARD ORDERED that said ordinances are hereby declared duly published . F . OR D P U B .BO I hereby certify that this is a true and correct copy of an action taken and entered on the :il=tos of the Board of Supervisors on the date shown. ATTESTED: ✓I� f d € 9 '5 W - PHIL BATC erk of the Board of Supervisors and County Administrator By €- , Deputy 4 - CGAIM BOM CF SUPERVISORS CF CONTRA COSTA COUNTY, CALIFU7IA . BOARD ACTION Claim Against the County, or District ) NMICE TO CZAIMMU July 10 , 1984 governed by the Board of Supervisors, _) The copy of—MS s docunent.ma ed 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 Cade Section 913 and 915.4. Please note all "Warnings". Claimant: Domestic Auto-Truck Repair, Inc. .County Counsel Attorney: Moore, Clifford, Wolfe, Larson & Trutner 201 19th street JUN 0 4 1984 Address: Oakland, CA 94612 M3rt",L1 CA 945`3 Amount: $3,000,000.00 By delivery to clerk on Date Received: June 4, 1984 By mail, postmarked on June 1, 1984 I. prm Clerk of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 1, 1984 J.R. OLSSON, Clerk, By ZLat.A Deputy Jolene Edward II. FROM: County Counsel 'N: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. f ( ) This claim FAILS to amply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �L- By: Deputy Camty Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. n DuBa s Dated: 7--10-8 4 J. R. OLSSON, Clerk, By. �, �/�� , Deputy Clerk WAMING (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 TD: (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 mend 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 o present a late claim was mailed to claimant. DATED: 7-10-84 J. R. CISSON, Clerk, By , Deputy Clerk cc: County Administrator (2) Co my Counsel (1) 0.00024 CLAIM �`� f z4. CLAIM _TO: BVAxu Vr Sursxv iavxa yr wi.i js. `"R �prtgtt�arappus►�v��►►,. Instructions to ClaimantVerk of the Board F.O.Box 911 Martinez,California 94553 4. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause _ of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud= see .penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filing stamps DOMESTIC AUTO-TRUCK REPAIR, INC. ) RECEIVED Against the COUNTY OF CONTRA COSTA) .J1.01 Al 1984 or DISTRICT) J.R. OLSSON (FillIn name CLERK BOARD OF SUPERVISORS CO T A OSTA CO By Dep t The undersigned claimant hereby makes claim ag un �f ontra Costa or the above-named District in the sum of $ Est. pursuant tn rnzr §910 and in support of this claim .represents as follows: $31000i000L 1. When did the damage or injury occur? (Give exact date and hour �.- Date of'plaintiff's: injury was March 24, 1983 at 5:40 a.m. Defendant, DOMESTIC ALTIi'O-TRUCK REPAIR, INC. was served with the original complaint on March 20, 1984. W�iere did tl'ie damage or in?ury occur? (Include city and county) The unincorporated area of Contra Costa County on Moraga Way near its intersection with Orchard Road. 3. How did the damage or in3ury occur? (Give �ul� �etai�s, use extra . sheets if required) At the above time and place, plaintiff, Clarence William Henry was injured by a moving vehicle driven by Edgar R. McLellan which collided with plaintiff and a parked vehicle. The parked vehicle was allegedly repaired by claimant/defendant DOMESTIC AUTO-TRUCK REPAIR, INC. Plaintiff has filed an action against claimant. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The County of Contra Costa maintained,.';eontrolled altered; ,constructed, designed and supervised said street area in a defective and dangerous.;,condition: ` Claimant is therefore entitled to receiving. ndemnity from the County fdr any damages for which it may be held liable in the pending action of CLARENCE: WILLIAM'HENRY vs. EDGAR REED MCLELLAN,L et al. , Contra Costa Superior Court No. 248895. (Over) ATTACHMENT No. 6 Plaintiff lost his right leg at knee and has claimed wage loss; hospital and medical expenses, emotional distress, general damage, and loss of earning capacity. Plaintiff has requested damages for costs of suit and for such relief as is fair, just and equitable and for compensatory damages according to proof. Therefore, a dollar amount is not determined at this point, however, an estimate pursuant to Government Code §910 is in the amount of three million dollars . CLAIM BoAm otr StTP'ERVISORSS OF CMf W QObTA coum'y, aummwm BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT July 10,' 1984 governed by the Board of Supervisors, ) The copy of th s document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. A31 Section references are ) Board of Supervisors (Paragraph IV, below) , to California Government Codes ) given pursuant to Government Cade Section 913 and 915.4. Please note all�o sal Claimant: Vincent Pree 901 Court Street Attorney: Martinez, CA 94553 JUN 11 1984 Address: Martinez, CA 94553 Amort: $75.00 By delivery to clerk on Date Received: June 11, 1984 By mail, postmarked on June 8, 1984 I. FROM: Clerk of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 11, 1984 J.R. OISSON, Clerk, By Deputy Jolene Edwards 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 FAIIS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: = By: Deputy County Counsel III. FROM: Clerk of the Board M: (1) County C el, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD QRDER By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. eni Du cis Dated: -10- 84 J. R. OLSSON, Clerk, By f.`;J ; �_ , Deputy Clerk .. �•� MRNING (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 an this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave present a late claim was mailed to claimant. 5 DATED: 7-10-84 J. R. OZSSON, Clerk, By Ze Deputy Clerk cc: County Administrator (2) County Counsel (1) = _ " CLAIM �:11. CLAIM_ TO: BOARD OF SUPERVISORS OF CONTRA CO;UurR2P#�'iWl appiicrtion to: • Instr uctiors to Claimant Clerk of the Boarc P. C. Boz 91 r Niartinez.California 84533 A. Claims relatto to causes of action for action death or _o= injury to person or to personal property or growing crops must be presented not late_ than the 100th da_v after the accrual of the cause of action. Claims relating to any other cause of action must be presented nct later than one vear after the accrual of the cause C action. (Sec. 911. 2 , Govt. Code) B. Claims r::ust be _`fled with the L erk of the Board of Supervisors t - t office County Administration -Id-ng, 651 Pine' a� .. s c___,._ ir. Room 106, Cour.,. Adzir.=s�ra,.ic�� Bu�� Street, Martinez , California 94:53 . C. cla_r. is ata_^s a district governed, b,, the hoard of Supervisors , rather t :a:-: the County, the name of the District should be fillet ir. . D. =f tr:e c_a-m is acain st more than one p::ti:lic entity , separate claims rust be =__ed against each entity. E. Fraud. See penalty for fraudulent claims , Pe^_'_ Code Sec. 72 at end of tris for::. r RE: Clair: bt- ) Resery stamc_ s RECEIVED rlgai-st the COUNTY OF CONTRA COST_:) " ' J. R. OLSSON or DISTRICT)' ACRK,BOARD OF SUP'cRVISORS NTRACOSTA t0. (Viii in name) ) B �'+�t The unde_sianed claimant hereby makes claim against the County of C=_ Costa or the above-named District .ir. the sup;. of 5 7j— i and ------------- - =� - NMN- ------ 1 . ^4;-her: did te camaae or in ury occur? ve exact date ar4t hour) Y\D, �_ -3l 2. W;iere dlc the dam ace or it jury occur? (Include city and county) --- -_� 1 ,r��t=� ------------------ -------- - --------------------- 3. -How did the damage or injure occur? (Give full details, use extra sheets it required) -- --- 4 . What particular act or omission on the part o county or district officers , servants or employees caused the injury or damage? DoObwA_ , CLAIM BOAIM OF SOPERVI9 XG CF OWM TSTA C1WRrf, CAIXFO�_ SIA . BOARD FICTION Claim Against the Canty, or District ) NVICE TO (LAIMARp July 10, 1984 governed by the Board of Supervisors, ) The dopy of this document mailed to you is your Routing indorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below) , to California Government. Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: Evelyn Ann Sarnikowski County Counsel Attorney: R. Jay Engel, Inc. 22 Second Street, 6th Floor JUN 0 4 1984 Address: . San Francisco, CA 94105 Amount: $10,000,000.00 By delivery to clerk on Martinez. CA 94553 Date Received: June 4, 1984 By mail, postmarked on May '11 , 19R4 I. FRCM: Clerk of the Board ot Supervisors y Counsel Attached is a copy of the above-noted claim. Dated: June 4, 1984 J.R. OLSSON, Clerk, By Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FRCM: Clerk of the Board 70: (1) County ounsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARD QUER By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Ree DuBoi Dated: 7-10-84 J. R. OLSSON, Clerk, By.. 7„/ � k� . Deputy Clerk ,TdJING (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'Goveernment 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. FRCM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator I j 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 leav o present a late claim was mailed to claimant. _ DATED: 7-10-84 J. R. OISSON, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM " CLAIM AGAINST THE COUNTY OF CONTRA COSTA CLAIMANT'S NAME: EVELYN ANN SARNIKOWSKI EC E I V E CLAIMANT'S ADDRESS: 2300 Regent Way V Castro Valley, CA 94546 L ON CLERK ARD OF S ER ASOR8 AMOUNT OF CLAIM: $10, 000,000. 00 ONTRA COSTA 'O. piny ADDRESS TO WHICH NOTICES R. JAY ENGEL, INC. ARE TO BE SENT: 22 Second Street, 6th Floor San Francisco, CA 94105 DATE OF OCCURRENCE: May 5, 1984 PLACE OF OCCURRENCE: RICHMONDPOLICE DEPARTMENT 401-27th Street RECEIVED Richmond, CA BOARD OF SUPERVISORS County of Contra Costa <t 651 Pine Street J. R. OLSSON P.O. BOX 911 CLERK BOARD OF SUPERVISORS Martinez, CA 94553 (� ONTRA COSTA CO, By.. ! c. ........Depu FACTS OF OCCURRENCE: Claimant EVELYN ANN SARNIKOWSKI was arrested and detained by the officers of Richmond Police Department without probable cause who threatened and harassed her, strip-searched her, and otherwise deprived her of her constitutional rights. ITEMIZATION OF CLAIM: Medical: to be determined Wage Loss: to be determined Special Damages: to be determined TOTAL OF ITEMIZATION: $10,000,000. 00 Dated: May 25, 1984 R. JAY ENGEL, INC. NATHAN E. GERTLER, Esq. R. Jay Engel , Inc. 22 Second Street, 6th Flr. San Francisco, CA 94105 415-777-0644 000031 CLAIM BMRD CF SUPMWISOFtS OF CWM COSTA a.JIwi, aummpm BOARD ACTION Claim Against the County, or: District ) NOTICE 70 CLAIMANT July 10, 1984 governed by the Board of Supervisors, ) The copy of-this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board.of Supervisors (Paragraph IV, 'below), to California Government Codes ) given pursuant to Government Cade Section 913 and 915.4. Please note all 'warnings". Claimant: Lamar Tatro County Counsel Attorney: David Weintraub, Esq. Russo, Weintraub & Bellia JUN 1 1 1984 Address: 408 Tenessee Street Martinez, CA 94553 Vallejo, CA 94590 Han carried at 5.00 P.M. Amount: $100,000.00 By delivery to cleric on June 8, 1984 Date Received: June 8, 1984 BY mail, postmarked on I. pT M: Clerk of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 8, 1984 J.R. OLSSON, Clerk, By Deputy Jolene Edwards II. FROM: , County Counsel TO: Clerk of the Board of Supervisors (Check only orae) (�) 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 grand that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: - By: Deputy County Counsel III. FSM: Clerk of the Board TO: (1) County lounsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. • ni Du Dated: In- 4 J. R. OLSSON, Clerk, By ? ty Clerk Aos�s a era s ;��yCo= i4ARNING (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 mailto 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. Fri: 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: leav o present a late claim was mailed to claimant. DATED: 7-10-84 J. R. OLSSON, Clerk, By , Deputy Clerk cc: County Administrator (2) Canty Counsel (1) OHO-JOls01:2- I RUSSO, WEINTRAUB & BELLIA i ATTORNEYS AT LAW 2 i 408 TENNESSEE STREET VALLEJO, CALIFORNIA 94590 PHONE (707) 644-4004 3 ATTORNEYS FOR Lamar Tatro 4 -- F i i.. 5f ���: JUN 3- .1984 6 I f J..R. OLSSON 7 CLERK BOARD OF SUPERVISORS RA COSTA CO. R.1; 9 CLAIM OF: ) 10 LAMAR TATRO, ) i 11 Claimant, ) CLAIM FOR PERSONAL INJURIES 12 V. ) 13 CONTRA COSTA COUNTY, ) i 14 Respondent. 1 15 ) 16 TO: CONTRA COSTA COUNTY, 17 YOU ARE HEREBY NOTIFIED that LAMAR TATRO, 1215 Kains, Berkeley, California i8 94702, claims damages from CONTRA CDSTA COUNTY 19 in the total amount of which is unascertainable at the present time, but not . E 20 Mess than 51001000.00 21 The name and address of the person presenting the claim on behalf of 22 said claimant is: DAVID WEINTRAUB, ESQ. , LAW OFFICES OF RUSSO, WEINTRALT3 & 23 BELLIA, 408 Tennessee Street, Vallejo, California 94590. All notices should 24 be sent to claimant in care of DAVID WEINTRAUB, his attorney, at said address. 25 The claim of LAMAR TATRO is based upon personal injuries sustained by 26 him on or about March 4, 1984, at approximately 2:30 p.m. , on Wildcat Canyon 27 Road, near E1 Toyonal, in the City of Walnut Creek, Contra Costa County, State 28 of California. RUSSO. WEINTRAUB & BELLIA ATTORNEYS AT LAW 408 TENNESSEE ST. VALLEJO, CA 94590 O (707) 644-4004.. I -1- . . .. _ 7 I Said claimant, LAMP_R TATRO, was driving his motorcycle at said time and 2 puce when he was struck by another automobile, the proximate cause of which 3 was the negligent and imporper highway dasign, failure top ost warnings and 4 improper maintenance on the part of. _ CONTRA COSTA _COUNTY _—regarding the 5 ' roadway cn which both vehicles were traveling. � i 6 The injuries sustained by claimantIAM AR LAR TATRO, so tar as known to date j� o{. nresentatior: of his claim, incluie but arse not linifted to, :severe shock, 8 I, IIultinie3 cont.usi-I?s and abra ;ions, zsnd fractures of t,,e legs, ank.Les :and other i 9 � L"v ne s, a.!1 of which said injuries have causf.d and continue t,-) cause said �G ' ;'1 ,�iPznt .;rent mens-al , rhysical and nervc:.us pain and suffering . 11 i The arnount claimed fcr all damages, ;s of the date of preser-tacion of 12 these claims, is as `olJows: I I 1s (1) Estimated damages for ITl• C3.i_:i.l and hospital care: $ i;nascertainabl.e. 14 (! I i (2) Estimated damages for. Oama•-ie to �5 motorcycle: $ Unascertainable. 16 1:oss of earning potr-nric.l : $ r?ascertalnabl.e. 17 (4) Past and future Qeneral -damages: $ unascertainable. i 18 19 I The name of the public er!pL::yee. or CONTRA COSTA COUN'T'Y sw; 20 of CONTRA COSTA COUNTY :au inq sai--`� claimant 's damages and ini—ies unc'�er. 11 ` the described circurilstanc-�!s, are unknown by c La-mart at present. 1 I 22 23 I DATED:--June 8, 1984 --- — -- — -- - -r 0 24 DAVID WEINTRAUB, Attorney For Claimant A25 26 Acknowledgment of service of the above claim is made this day 27 of 1984, by — — -- — (Name). -- -- -•------ ------ (Title) --- - 28 RUSSO, WEINTRAUB 8 BELLIA ATTORNEYS AT LAW 4x TENNESSEE 5T, I _ VALLE.iO, CP.94590 000034 �n (707) 644-4004 I 0`j o(� 1 I 17 !I AMENDED CLAIM CLAIM BOARD CIF SUPERVISORS OF CORM CO6'I'A CWmyr CALn"VIA . BOARD ACTION Claim Against the Ca nty, or District ) NOTICE TO CLAIMARr July 10 , 1984 governed by the Board of Supervisors, ) The appy of this document smilad 1:;:. IG Y.::� 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 I given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings'. Claimant: Morris Daley, Inc. County Counsel Attorney: Robert A. Bragg Bower, Baraban & Birkhimer JUN 13 1984 Address: 555 California St. , Suite 2455 San Francisco, CA 94104 Martinez, CA 94553 Amount: Unspecified By delivery to clerk on Date Received: June 12, 1984 By mail, postmarked on June 7, 1984 I. Fri: Clerk of the Board at upervisors County Counsel . Attached is a copy of the above-noted claim. Dated: June 12, 1984 J.R. OLSSON, Clerk, By0a44Deputy Jo ene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) Y< ) This claim complies substantially with Sections 910 and 910.2. ) This claim FAILS to comply substantially with. Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: / By: j 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 ODER By unanimous vote of Supervisors present (XX) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. • eni Duu,Bois Dated: 7-10-84 J. R. OISSON, Clerk, By ► Deputy Clerk MPNING (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 inmediately. V. PROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DAs: 7-10-84 J. R. OISSON, Clerk, By _ , Deputy Clerk cc: County Administrator (2) Camty Counsel (1) CLAIM ll JAN 3 01984 1 WILLIAM P. MOSES, ESQ. J.fl. OLSSON, County Clerk PELLETREAU, MOSES, LARSON, CONTRA COSTA COUNTY 2 ALDERSON & JACOBSMEYER � 2090 - 23rd Street RECEIVED �MONDLOCH.Qoputy � ` 3 San Pablo, CA 94806-0035 F . Telephone: 415/234-8890 4 Attorneys for plaintiff 5 R. OLSSON CLERK BOARD OP.SUPERVISORS ON'TRA COSTA CO. el.. ..Deputy 8 .SUPERIOR COURT OF .CALIFORNIA, COUNTY OF CONTRA COSTA- 9 GARY LEE .FRANCIS, ) N 10 Plaintiff, j NO. cJ 640 44 o c 11 VS. ) COMPLAINT FOR DAMP.GES. (Personal Injuries) . v09 12 CITY OF CONCORD, COUNTY ) m -OF CONTRA COSTA, STATE OF } o a°' ° 13 CALIFORNIA, MORRIS DAILY ) N F V � Wu COMPANY, DOE ONE, DOE ) . 0 c N 14 f TWO, DOE THREE and DOE FOUR, ) 4O 0 N ) ' a v_ 15 Defendants . ) i z In 0 . 16 2 N r i7 IL FIRST CAUSE OF ACTION 18 Comes now plaintiff and for cause of action against 19 defendants, and each of them, alleges as follows: 20 I. 21 That .the true names or capacities , whether individual, 22 corporate, associate, or otherwise, of defendants named herein 23 as DOES ONE through FOUR, inclusive, are unknown to plaintiff, 24 who therefore sues said defendants by such fictitious names, and 25 plaintiff will ask leave to amend this complaint to show their 26 true names and capacities when the same have been ascertained. - -1- 000036 t g 1 Plaintiff is informed and believes and thereon alleges, that 2 each of the defendants designated herein by a fictitious name •is 3 negligently responsible in some manner for the events and 4 happenings herein referred to, and negligently caused injury and 5 damages proximately thereby to the plaintiff as herein alleged. . 6 II - 7 i{ Plaintiff is informed and believes and thereon alleges 8. that at all times and places herein mentioned, defendants, CITY 9 OF CONCORD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA., 10 and DOES ONE through FOUR, inclusive, were governmental entities z O 11 organized and existing under and by virtue of the laws of the 00 0 12 State of California. o a � m.. 13 b V CO ._ i W W � 0CCU 14 ; Plaintiff is informed and believes and thereon alleges a w O N iMcV 15 that at all times herein mentioned each of the defendants was ., Q < Wo 16 the agent and employee of each of the remaining defendants and Z N L 17 was at all times acting within the purpose and scope 'of said 18 agency and employment. 19 . IV 20 At all times mentioned herein the said defendants, and 21 each of them, were in control of Monument Boulevard, near 22 Victory Lane, in said City, County and State. 23 ( V 24 On or about November 1, 1983 , at approximately 25 p.m. , while plaintiff was driving along and upon Monument 26 Boulevard, in the City of Concord, County of Contra Costa, State -2- 000037 I of California, when the front wheel of .his motorcyle encountered 2 a deep hole 'in the surface of the street causing plaintiff' s 3 motorcyle to overturn. 4 Vh 5 The said hazardous and dangerous condition was known, 6 or in the exercise of ordinary and reasonable care should have 7 I been known, to defendants and each of them, in adequate time for 8 -I a reasonably. prudent person to warn of or correct the said 9 condition. 10 VII Z _ 11 As a proximate result of the said negligence of C U S 12 1 defendants and each of them, plaintiff sustained severe 4 oa0co) 13 !1injuries and damages as hereinafter alleged. . CO _ ICO J .14 14 VIII 1 N J 5a a v 15 I As a proximate result of said negligence of the 3o � 16 1 defendants,--and each of them, the plaintiff was hurt and injured z N i 17 in 'plaintiff' s strength and activity, sustaining injury to 18 plaintiff and shock and injury to plaintiff' s nervous system and 19 person, all of which said injuries have caused and continue to 20 cause plaintiff great mental, physical and nervous pain and 21 suffering. Plaintiff is informed and believes and thereon 22 alleges that said injuries will- result in some permanent 23 disability to the ' said plaintiff, all to plaintiff ' s general 24 damage in a sum within the jurisdictional purview of this Court.' 25 Ix 26 As a further proximate result of the said negligence 000038 1 of .the defendants , and each of them, the plaintiff was required 2 to and did employ physicians and surgeons to examine, treat and 3 care for plaintiff, and did incur medical and incident-al 4 I expense. The exact amount of such expense is unknown to 5 , plaintiff at th'i�s time, and plaintiff will ask leave to amend 6 this pleading to set forth the exact amount thereof when the 7 same is ascertained. • i 8 `. ,• X 9 II As a further proximate result of_ the .said negligence 10 of the defendants ,. and each®of them, plaintiff was prevented 11 from attending to plaintiff' s usual occupation, and plaintiff is J to i 00 12 , informed and believes; and thereon alleges, that plaintiff will 13 1 thereby be prevented fibro attending to plaintiff' s usual LJ UM - 14 ' occupation for a period in the future. Lo a V 15 I� XI N C o � 16 t On or about November 291 1983 , plaintiff presented to N I� . 17 i defendants, 'CITY OF CONCORD, COUNTY OF CONTRA COSTA, STATE OF 18 CALIFORNIA, his claim for the injuries and damages alleged 19 i herein, a copy of which is attached hereto as Eyhibit "A" and 20 made a part of this pleading by reference, which claim was f 21 rejected by said defendants on or about December 15 , 1983 , by 22 written notice to plaintiff. 23 WHEREFORE, plaintiff prays judgment against the 24 defendants and each of them, for:. 25 1. General damages in a sum within the jurisdictional 26 purview of this Court; I -4- 0.00, 039 1 2. All medical and incidental expenses according to 2 proof; 3 3 . All loss of earnings according to. proof; 4 4 . All costs of suit; and 5 5 . Such other and further relief as to this court may 6 seem proper in the premises. 7 Dated: /�a7� , 1984 . 8 .I PELLETREAU, MOSES, CARSON, ALDERSON & JACOBSMEYER 9 10 By 11 ( WILLIAM P. MOSES, Attorneys for Plaintiff. kn 00 12 ' m '61: 00 13 J W 0 CO � w u ' '-- 14 N O ° 15 n < CU a O .z o '" 16 . N - 17 18 19 20 21 22 23 2a 25 26 -5 - 000040 ?. I� (SPACE BELOW FOR FILING STAMP ONLY) BOWER & BARABAN 1 ATTORNEYS AT LAW BANK OF AMERICA CENTER 2 II 555 CALIFORNIA STREET. SUITE 2455 SAN FRANCISCO. CALIFORNIA 84104 (415) 954-1850 3 RECEIVED 4 MAYO 1984 5 Attorneys for Claimant CLERK BOAR Oo SUPERVISORS T COSTA O. MORRIS DALEY , INC,. ,y IF D9" 6 ; I 7 'I ; 8 '' IN THE MATTER OF THE CLAIM NOTICE OF CLAIM TO 91 OF MORRIS DALEY , INC. PUBLIC ENTITY GOVERNMENT CODE 101 against SECTIONS 901 , 910, 911 . 2 11 COUNTY OF CONTRA COSTA 12 / 131 TO THE COUNTY OF CONTRA COSTA: i 14 (a) Name and address of claimant: 15 MORRIS DALEY, INC. 1145 California Drive 16 Burlingame , California 94010 17 (b) Notices should be sent to: 18 ROBERT A. BRAGG, ESQ. Bower & Baraban 19 Bank of America Center 20 555 California Street , Suite 2455 San Francisco, California 94104 21 (c) Date place and circumstances of occurrence : 22 Plaintiff, GARY LEE FRANCIS, has filed a Complaint 23 for Damages, No. 255632, in the Superior Court of the County of 24 Contra Costa (a copy of that Complaint is attached hereto as 25 Exhibit "Atl) . Plaintiff alleges that on November 1 , 1983, he was 26 riding his motorcycle along Monument Boulevard in the City of 27 Concord, County of Contra Costa, when the front wheel of his 28 motorcycle encountered a deep hole in the surface of the street , causing his motorcycle to overturn, resulting in severe injuries 2 and damages. Plaintiff has named as defendants the CITY OF 3 CONCORD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA and 4 MORRIS DAILEY COMPANY. On April 2, 1984 MORRIS DALEY , INC. was 5 served with FRANCIS' Complaint for Damages. Claimant MORRIS 6 DALEY , INC. claims it was the CITY OF CONCORD and/or the 7 COUNTY OF CONTRA COSTA and/or the STATE OF CALIFORNIA which had 8 the duty to maintain the roadway on which plaintiff was injured. 9 (d) General description of indebtedness , obligation, 10 injury, damage or loss : 11 Claimant MORRIS DALEY , INC. claims it has a cause 12 of action for either complete equitable indemnity or partial 13 equitable indemnity against the COUNTY OF CONTRA COSTA arising 14 out of FRANCIS' Complaint for Damages. 15 (e) Names of public employees causing injury, damage or 16 loss: Unknown at this time. 17 (f) Amount claimed: 18 Claimant MORRIS DALEY, INC. is presently unaware 19 of the damages being claimed by plaintiff GARY LEE FRANCIS. 20 However, claimant MORRIS DALEY , INC. claims it is entitled to be 21 indemnified by the COUNTY OF CONTRA COSTA for any amounts claimed 22 by GARY LEE FRANCIS, providing judgment is entered against MORRIS 23 DALEY, INC. and for GARY LEE FRANCIS, or in the alternative , 24 should MORRIS DALEY, INC. and GARY . LEE FRANCIS enter into a "good 25 faith" settlement. 26 Dated: May 29, 1984 BOWER BARABAN 27 28 ROBERT A. BRAGG Attorney for Claiman &"'' MORRIS DALEY , INC OOUO2 1 PROOF OF SERVICE ;BY MAIL (C.C.P . 1013a, 2015 .5) 2 3 I declare that: 4 I am employed in the County of San Francisco, California. 5 I am over the age of eighteen years and not a party to the within 6 entitled cause; my business address i;s 555 California Street, San Suite -2455 7 Francisco, California 94104 . 8 n On May 29, 1984 I served the attached 9 NOTICE OF CLAIM TO PUBLIC ENTITY - COUNTY OF CONTRA COSTA 10 11. on each of the other parties who have appeared in said action by 12 placing a true copy thereof enclosed in a sealed envelope with 13 postage thereon fully prepaid, in the United States mail at San 14 Francisco, California, addressed as follows to each such party: 15 16 County Board of Supervisors County of Contra Costa 17 P•O. Box 911 Martinez, CA 94553 18 (415) 372-2371 19 20 21 22 23 24 I declare under penalty of perjury that the foregoing is 25 true and correct, and that this declaration was executed on 26 May 29, 1984 at San Francisco, California. 27 /1 ' "CSC.. Madeline R. Abel 28 000043 AMENDED CLAIM CLAIM BOARD OF SUP'ERVISOLt.S OF 03Nv'RA COSTA COUNTY,, CALIPCA�TIA . BOARD ACTION Claim Against the Canty; or District ) WrICE TO CLAIMANT July 10, 1984 governed by the Board of Supervi.wr--,,_ 1 The c ..c+t. 9Ts_d_o_cm__e_n_tm_aT1ed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings'. Claimant: Daniel Kelly Hughes County Counsel Attorney: Judith L. Edson P.O. Box 137 JUN 0 8 1984 Address: Eureka, CA 95501 Martinez, CA 94553 Amount: $200,000.00 By delivery to clerk on Date Received: June 8, 1984 By mail, postmarked on June 5, 1984 I. Fri: Clerk of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. Dated: June 8, 1984 J.R. OISSON, Clerk, By . Deputy olene Edwards II. FROM: County Counsel M: 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 of ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board 70: (1) Canty Cawmel,, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3) . IV. BOARDFt By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Other: !_certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. eni DuBois Dated: 7-10-84 J. R. OLSSON, Clerk, By , 42�, , Deputy Clerk SING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See'Government Code Section 945.6. You may seek the advice of an attorney of your choice in ornnection with this matter. If you want to consult an attorney, you should do so immediately. ..V. FRCM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: 7- 10- 84 J. R. OZSSON, Clerk, By � �� , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM 0000441 . RECEIVED CLAIM AGAINST CONTRA COSTA COUNTY r J. R. OLSSON TO: CONTRA COSTA COUNTY CLERK BOARD OF SUPERVISORS RA COSTA CO. B ..... ...... ....De put DANIEL KELLY HUGHES hereby makes claim against Contra Costa County for the sum of Two Hundred Thousand Dollars ($200, 000. 00 ) and makes the following statement in support of his claim: 1 . Claimant ' s post office address is 535 Ole Hansen Road , Eureka , California 95501 . 2 . Notice concerning the claim should be sent to Judith L. Edson, Attorney at Law, Post Office Box 137 , Eureka , California 95501 . 3 . The date and place of the .occurrence giving rise to this claim are sometime on or after February 17 , 1984 but prior to April 1 , 1984 at the Martinez Health Center, 2500 Alhambra , Martinez , California 94553 . 4 . The circumstance.s .giving rise .to this claim are as follows : at the above-described time and place, Contra Costa County, through its agent and employees , undertook to diagnose claimant ' s medical condition and to provide claimant with proper medical care . Said agents and employees lacked the necessary knowledge and skill to properly care for claimant ' s condition and were negligent and unskilled in diagnosing and treating that condition. Such negligent diagnosis and treatment resulted in claimant ' s right hand and arm being improperly treated and proximately caused him injuries and damages . 5. Claimant ' s injuries consist of a damaged and mutilated right hand, thumb, wrist and forearm and the resulting pain and suffering therefrom. -1- 000045 r" 6 . The names of the public employees causing the claimant' s injuries are unknown. 7 . My claim as of the date of this claim is Two Hundred Thousand Dollars ( $200, 000. 00 ) , B. The basis of computations of the above amount is as follows : Medical expenses incurred to date Unknown Estimated future medical expenses Unknown Lost wages Unknown Loss of .earning capacity Unknown General damages Unknown Total Unknown Dated : June 4 , 1984 DANIEL KELLY HUG S Claimant 000046 PROOF OF SERVICE BY MAIL (1013a. 2015.5 CCPI I am a citizen of the United States and a resident of the County of Humboldt, over the age of eighteen years ane not a party t)the foregoing action;my business address is: 411 J Street•Suite 6, Eureka,California 95501 1 served fire wi':h:n document by depositing a true copy in the Unite.- z t,.Jes Mail in Eureka, Cal.fornia, enclosed in a sealed ervel.,p> w th the postage thereon fully pre- paid,aadressed as fellows on to_ Lk 'i�VA I certify under penalty of perjury that the foregoing is true and correct Executed at(Eureka,California,on �•+F. cra n�Rf Contra Costa County Clerk of the Board of Supervisors Box 911 Martinez , CA 94553 Claim Against Contra Costa County OOQQa. A AMENDED CLAIM • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA C4 wN. CALIFCRTIA . BOARfl ACTION Claim Against the County, or District ) Nor CE Ta CLUMAW July 10, 1984 governed. icy 'thy`Boatd-of,Supervisors, ) The copy of this documentmailed to you is your Routing &x3orsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings'. Claimant: Larry Lee Russell, Sr. Attorney: Mary M. Burke County Counsel 125 West Richmond Avenue JUN 0 8 1984 Address: Point Richmond, CA 94801 Amount: $1,000,000.00 By delivery to clerk on Martinez, CA 94553 Date Received: June 8, 1984 By mail, postmarked on June 6, 1984 I. FTm: Clerk of the Board ot Supervisors County Counsel Attached is a copy of the above-noted claim. 0 Dated: June 8, 1984 J.R. OLSSON, Clerk, By QDeputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ) This claim complies substantially with Sections 910 and 910.2. ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: It Dated: By: Deputy County Counsel III. FROM: Clerk of the Board M: (1) County C sel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD By unanimous vote of Supervisors present ( X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. eni DuBois Dated: 7-10-84 J. R. OLSSON, Clerk, By //��, / ► Deputy Clerk STING (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 Ta: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. _ DATED: 7-10-84 J. R. OLSSON, Clerk, By , Deputy Clerk oc: County Administrator (2) County Counsel (1) CLAIM LAW OFFICES ` n MARY M. BURKE 125 WEST RICHMOND AVENUE REC � VED POINT RICHMOND,CALIFORNIA%WI(4i5) 237317 June 4 , 1984 . - . CLERK gpARD OOFSSON Q CONtRq g SUPERVq CO ISORS Puty Clerk of the Board of Supervisors County Administration. Building, Room. 106 651 Pine Street (P.O. Box 911) Martinez , CA 94553 Re: Claim by LARRY LEE RUSSELL, SR. against the COUNTY. OF CONTRA COSTA In reference to your Jurie. 1 , 1984 , Notice of Insufficiency, please -note the following amendment to Mr. Russell' s claim filed May .29 , 1984: No. 9. No expenditures have been made. by . Claimant to date on account of this injury. Very truly yours , MARY M. BURKE MMB:m :�,O;QC1�04q .." CWIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions •:o Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (.or mail to P.O. Box 911, Martinez, .CA) . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps IA�RY LEE RUSS LL SA. ) RECEIVED A ains the OUNT OF CONTRA COSTA) 1984 J.R. OLSSON or DISTRICT) CLERK BOARD F SUPERVISORS Fill in name) ) yy ��, The undersigned claimant hereby makes claim against the Cunty of Contra Costa or the above-named District in the sum of $1Q_Q0 ,000 .0Q,_ _ and in support of this claim represents as follows: -------------------------------------------------______ _____------- ---- 1. When did the damage or injury occur? (Give exact date and hour) 2-29-84 9:00 P.M. -----------T------------------------ ------------------------------------)---- 2. Where did the damage or injury occur? (Include city and county) CCCHS-Martinez Hospital , Martinez , Contra Costa County -----H- ----------------------------- 3. ow--did----the-----d-amage-----or---injury occur? (Give full det- ails, use extra sheets if required) Claimant was brought to Martinez Hospital by two police officers for treatment of gunshot wound prior to being taken to jail. ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Claimant was not given appropriate medical treatment for gunshot wound in left leg. (over) n-n P-0-S,0. ^ J • 5. What are the names of county or district officers, servants ore employees causing the damage or injury? r Unknown ----------------------------------------------------- ------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Claimant incurred infection from untreated gunshot wound, and required on isi V to le avoi compartment $ and los of leg Clamant is ble to be nt 7P 1t K--How ___on g j_s_ fer s ,great p___ zn does XL Ma at this tune the extent o inj y 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- X 8. Names and addresses of witnesses, doctors and hospitals. ERIC THORSON, M.D. 150 Muir Road Martinez , CA 94553 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT s ` � 1 -.w�.t- ..---•�:.•.�---- Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or bv VoMe' person, on JAs behalf. " Name and Address of Attorney Mary M. Burke Cla is Si nature , 125 West Richmond Ave . 3 2 st Street Point Richmond, CA 94801 Address Richmond , CA 94801 Telephone No. (415) 237-8317 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." . 000.05i _r;. AMENDED CLAIM h CLAIM BOARD CF' SOPERVISCRS OF CONTRA COSTA COUNff, CAL37CIUM BOARD ACTION Claim Against the County, or District ) Wr CE TO CGAIMANr July 10 , 1984 TwernM by the Board of Supervisors, ) The copy of this document-ma ed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) _ Board of Supervisors (Paragraph IV, below) ,, to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings Claimant: City of San Ramon County Counsel Attorney: Thomas D. Marple P.O. Box 3615 JUN 2 2 1984 hddress: San Francisco, CA 9.4119 Via County Counsel Martinez, CA 94553 Amount: $500,000.00 By delivery to clerk on June 22, 1984 Date Received: June 22, 1984 By mail, postmarked on I. Fim Clerk of the Board ot Supervisors oum y Counsel Attached is a copy of the above-noted claim. D Dated: June 22, 1984 J.R. OLSSON, Clerk, By o•Cc Deputy Jolene Edwards II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3) . ( ) Other: Dated: — By: Deputy County Counsel III. FROM: Clerk of the Board M: ) County Counsel, (2) County Administrator ( ) Claim was returned as untime with notice to claimant (Section 911.3) . IV. BOARD CHM By unanimous vote of Supervisors present (X ) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Re i DiB X Dated: 7-10- 84 J. R. OLSSON, Clerk, ByS « � , Deputy Clerk �-� MING (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. FROR: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DAs: 7-10- 84 J. R. CLSSON, Clerk, By . , Deputy Clerk cc: County Administrator (2) County Counsel (1) c LAIM 000052 NAME AND ADDRESS OF SENDER. TELEPHONE NO For Cow"use only RICHARD L. BOWERS _ THE BOCCARDO LAW FIRM (408) 298-5678 111 W. St. John St. #1100 San Jose, California 95115-0001 IMM flame of court.faadac.al district or branch court.it any,and Post Office and Street Aadresa SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSIA 725 Court Street (P.O. Box 911) Martinez, California 94553 PLAINTIFF MAUREEN LYNN REYNOLDS, a minor, by and though her Guardian ad Litem, Kathryn A. Hendry OEFENDANT PREM SINGH SAHOTA; CITY OF SAN RAYON, a municipal corporation; COUNTY Off' CONTRA COSTA, a political subdivision , et al NOTICE AND ACKNOWLEDGMENT OF RECEIPT CaseNumter 256980 CITY CLERK, CITY OF SAN RAMON TQ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Insert name of individual being served) This summons and other documents) indicated below are being served pursuant to Section 415.30 of the California Code of Civil Procedure. Your failure to complete this form and return it to me within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons on you in any other manner permitted by law. it you are being served on behalf of a corporation, unincorporated association (including a partnership), or other entity. this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. Section 415.30 provides that this summons and other document(s) are deemed served on the date you sign the Acknowledgment of Receipt below, if you return this form to me. RICHARD L MVERS Dated: . March. 15, 1984 . . . . . . . Richard L. Bowers (signature of sender) ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of: (To be completed by sender before mailing) 1. �'1 A copy of the summons and of the complaint. 2. []A copy of the summons and of the Petition(Marriage)and: (]Blank Confidential Counseling Statement(Marriage) RECEIVED Q Order to Show Cause(Marriage) O Blank Responsive Declaration J u A eZ M4 Blank Financial Declaration J'ROLSSON Other: (Specify) - CLERK BOARD OF SUPERVISORS O TRA OSTA CO. Sy duty (Te be cete0leted by recipient) Date of receipt:. . . I {S.gnsture o!person ackr•^*!edging rece•r! �,.r brie d acano*seagmeni is me"on benalt of.pother persons Date this form is signed: J �� (Type of print your name ar%o name of entity .f any. on*nose*"III thitlorm.s gnea) n 1�+ f0—Ase•ov.o by m* • 0004531-10 SUMMONS (CITAC/ON JUDICIAL) 4000 courrr cast off NOTICE TO DEFENDANT: Who a Acusado) dotoft"UsOof"COMM PREM SINGH SAHOTA; CITY OF SAN RAMON, a municipal corporation; COUNTY OF CONTRA COSTA,* a political subdivision of the State of California;.- DOES 1 to 50, inclusive YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le este demandando) MAUREEN LYNN REYNOLDS, a minor, by and through her Guardian ad Liter,, Kathryn. A. Hendry You have 30 CALENDAR DAYS after this sunt- Diespues de que le entreguen esta citation judicial casted mons is served on you to file a typewritten re- teen un plaza de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita a maquina en este torte A letter or phone call will not protect you; your Una arta o una llamada tefefdnica no k ofrecerJ typewritten response must be in proper legal protection; su impuesta escrita a maquina tkwe que form if you want the court to hear your case. cumphr can las formalidades kples apropiadas s+casted If you do not file your response on time,you may quiere que k torte escuche su casa lose the case, and your wages, money and pro- Si casted no presenta su respuesta a trempo, puede perder perty may be taken without further warning from el cases y le pueden quitar su salaria su dinero y otras cocas the court. de su propkdad sin aviso adicional par parte de V torte There are other legal requirements. You may Existen otros requisitos kpies. Puede que usted quk a want to call an attorney right away. If you do not Hamar a un abogado inmediatamente. Si no conte a un know an attorney,you may call an attorney refer- abogada puede /lamar a un servido de referencia de ral service or a legal aid office(Gated in the phone abogados o a una oficina de ayuda legal(tea el directorio book). telefdnico). GSE NUMBER; (NOMM W4 Cn01 The name and address of the court is: (El nombre y direction de la cone es; 256990 SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA 725 Court Street (P. O. Box 911) .Martinez, California 94553 The name. address. and telephone number of plaintiff's attorney, or plaintiff without an anomey, is: if nomore. la dneccion y el numero de releiono del abogado del demandanre. o del dernandante que no bene abogado. es) JAMES F. BOCCARDO, ESQ. RICHARD L. BOWERS, ESQ. (408) 298-5678 THE BOCCARDO LAW FIRM 111 West St. John St. , Suite 1100 San Jose, California 95115-0001 DATER ..:t °`" '� rk, by _ •. Deputy 4rcha, (Actuario) (Delegadot SAL, NOTICE TO THE PERSON SERVED: You aro served 1. an individual defendant. .. 2 �j ss as the person sued under the fictitious name of /specify): 3. © on beha bf'4p66fyl.• •-A13 t3 under. 0�4RIO (corporation) CGP 416.60 (minor) CCP 416.20 (defunct corporation! CCP 416.70 Iconservateel CCP 416.40 (association or partnership) CCP 416.90 (individual) other: 000054 4. by personal delivery on (date!: .._ -_..--.... ,�,.,.-,—....._,._-�__ ,-_.-.:�. _,._.,,......_.„-.a:.�,-`-.-'�"-----r-,r...�-:-'res-zw-_ --cs.. .. .•- -....-. _ ..._ __ .. ,� • ATTORNEY OR sARTY WITHOUT ATTORNEY(NAME AND AOORESS) - TELEPaONE. POR COURT USE ONLY JAMES F. BOCCARDO, RICHARD L. BOWERS, F1:SD THE BOC:CARDO LAW FIRM (408) 298-5678 111 W. St. John Street #1100 San Jose, California 95115-000�0y1� T� ATTORNEY FOR(NAME): MAURMN LYNN REYNOLDS insert name of court.ludical district or branch court,of any.and post office and street&across: I I I I SUPERIOR COURT OF CALIFORNIA t LL COUNTY OF CONTRA COSTA 725 Court Street (P. 0. Box 911) MAR 7 1984 Martinez , California 94553 �g m�q�s 1.=tr.nry�Icrk PLAINTIFF. �...:..... :�.•. .�� MAUREEN LYNN REYNOLDS , a minor, by _ ------ and through her Guardian ad Litem, Kathryn A. Hendry ' DEFENDANT PREM SZNGH SAHOTA; CITY OF SAN RAMON, a municipal corporation; COUNTY OF CONTRA COSTA, a political subdivision of the State of California; ®DOES t TO--54,--in c 1 us ive COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBEA: ®MOTOR VEHICLE POTHER(specify): 25 Q CProperty Damage Q Wrongful Death 69�. G, EmPersonal Injury Q Other Damages(speedy): 1. This pleading. including attachments and exhibits. consists of the following number of pages: 6 2. a. Each plaintiff named above is a competent adult ® Except plaintiff(name): 1 AUREEN LYNN REYNOLDS =]a corporation qualified to do business in California Q an unincorporated entity(describe): Q a public entity(describe): ®a minor Q an adult for whom a guardian or conservator of the estate or a guardian ad litem has been sopointac Q other(soecrfy): a other(specify): Q Except plaintiff(name): C1 a corporation qualified to do business in California an unincorporated entity(describe): a a public entity(describe): Ma minor Q an adult L�for whom a guardian or conservator of the mate or a guardian ad(item has.been appointed Q other(specify): Q other(specs): b. P!alntal(name): - G,G%r* .s doing business under the fictitious name of 4aeciy): c '��YZ,r ano nas comaliec with the fiCt1t10U3 justness rlafae+aws. c. = tnformation about additional plaintiffs who are not Comcetent ac::its,is shown in Complalnt— Anaciment 2c. (t:antfnued) `onn ACDrov ow ro • 1 7 SHORT TITLE CASE muwaEn: REYNOLDS V. SAHOTA ET AL COMPLAINT—Personal Injury, Property Damage, Wrongful Death rw.Mo 3. a. Each defendant named above is a natural person ® E:cept defendant(name): Q Except defendant(name): CITY OF SAN RAMON �]a business organization. form unknown a business organization, form unknown Q a corporation Q a corporation an unincorporated entity(describe): Q an unincorporated entity(describe): a public entity(describe): Q a public entity(describe): a municipal corporation Q other(specify): ®other(specify): ® Except defendant(name): Q Except defendant(name): a political subdivision of the State of California Q a business organization,form unknown 0 a business organization,form unknown Q a corporation 0 a corporation Q] an unincorporated entity(describe): [Man unincorporated entity(describe). 0 a public entity(describe): C=a public entity(describe): Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. [] information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Cil Procedure section 382 are(names): s. ® Plaintiff is required to comply with a claims statute.and a. ® plaintiff has complied with applicable claims statutes, or b. 0 plaintiff is excused from complying because(specify): S. This court is the proper court because Q at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. cm injury to person of damage to personal property occurred in its jurisdictional area. C other(specify): d. Q The following paragraons of this complaint are aiQed on infof{4tion and belief(specify paragrapA numbers): (Continued) Pio.roe . 000056 SNORT TITLE: CASE NurweEp: v REYNOLDS v. Sahota et al- COMPLAINT—Personal Injury,Property Damage,Wrongful Death(Continued) Page thiee 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are 0 listed in Complaint—Attachment 7 M as follows: 8. Plaintiff has suffered []wage loss 0 loss of use of property hospital and medical expenses ®general damage r7 property damage ®loss of earning capacity 0 other damage(specify): 9- Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair,just, and equitable: and for ® compensatory damages ®(Superior Court)according to proof. (Municipal and Justice Court)in the amount of$ ® other(specify): Prejudgment interest. 11. The following causes of action are attached and the statements above apply to each: (Each complain( must have one or more causes of action attached.) ®Motor Vehicle General Negligence Intentional Tort M Products Liability ®Premises Liability _ 0 Other(specify): JAMES F. BOCCARDO, Esq. RICHARD L. BOWERS, Esq. T ARDO LAW FIRM Richard. L. Bowers _ ':� By (Type or pent name) (Spnatwe o1 pluntdl a anorney) n n _V V V. SHORT TITLE: REYNOLDS V. SAHOTA ET AL cABE MUMeER.A�, c 9 9 0 V V FIRST CAUSE OF ACTION—Motor Vehicle P"O four (number) ATTACHMENT TO R–lComplaint QCross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff(name): MAUREEN LYNN REYNOLDS, a minor, by and through her Guardian ad Litem, Kathryn A. Hendry MV-t. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on(dare): September 11, 1983 at(place): San Ramon Blvd. and Montevideo Drive City of San Ramon, County of Contra Costa, State of California MV-2. DEFENDANTS a. ®The defendants who operated a motor vehicle are(names): PREM SINGH SAHOTA; ®Does I to 24 b. ®The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names): PREM SINGH SAHOTA; Z:) Does l to 1— c. ®The defendants who owned the motor vehicle which was operated with their permission are(names): PREM SINGH SAHOTA; EX Does—_I __to 24 d. ®The defendants who entrusted the motor vehicle are(names): PREM SINGH SAHOTA; Does 3 to Z4 e. ® The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): PREM SINGH SAHOTA; ® Does I to 24_ f. The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are Dlisted in Attachment MV-2f Das follows: h oboes to 000058 SHORT TITLE: CASE NUMBE O REYNOLDS V. SAHOTA ET AL `• V 6 A J SECOND CAUSE OF ACTION—Premises Liability page five (nwntw) ATTACHMENT TO ®Complaint []Cross-Complaint (Use a separate cause of action form for each cause of action.) MAUREEN LYNN REYNOLDS, a minor, by and through Prem.1-4. Plaintiff(name) her Guardian ad Litem, Kathryn A. Hendry alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff. On (date):September 11, 1983 plaintiff was injured on the following premises in the following fashion(description of premises and circumstances of injury):On or abo ut the da to a f o re s a i c . defendants , their agents , servants and employees negligently and carelessl: owned, maintained, managed, controlled, inspected, designed, constructed, planned, posted, marked and supervised the intersection at San Ramon Blvd. and Montevideo Drive, San Ramon, Contra Costa County, California, so as to cause said intersection to be in a dangerous and hazardous condition for pedestrians in that said defendants failed to .provide appropriate and adequate traffic control signals and/or appropriate, adquate and safe crosE walks or walkways for pedestrians crossing said intersection which has severely heavy traffic, so that plaintiff while crossing said intersection was struck by a motor vehicle driven by PREM SINGH SAHOTA causing plaintiff to sustain severe personal injuries. Prem.L-2. ®Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): CITY OF SAN RAMON; COUNTY OF CONTRA COSTA Does 7_ to 5() , inclusive Prem.L-3. ® Count Two—Willful Failure to Warn (Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): CITY OF SAN RAMON; COUNTY OF CONTRA COSTA ®Does ? to %0 , inclusive Plaintiff, a recreational user.was man invited guest Da paying guest. Prem.L-4. Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): CITY OF SAN RAMON; COUNTY OF CONTRA COSTA ®Does 7 5 to 1;n, inclusive a. ® The defendant public entity had 0 actual M constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. ® The condition was created by employees of the defendant public entity. Prem.L-S. a. ®Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): ®Does _ gto- Cb,—inclusive b. r7 The defendants 4? are liable to plaintiffs for other reasons and the reasons for their liability are M described in a aghibiA-Prem.L-5.b M as follows(names): Oaf) �