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HomeMy WebLinkAboutMINUTES - 03251986 - 1.15 �.l 5 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT March 25 , 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: ROY L. MC NEILL, JR. & FREDRICKA N. MC NEILL County Ccsunse! Attorney: FEB 2 7 1986 ,Address: 118 Bria Court Walnut Creek, CA 94596 Martinez, CA 9053 Amount: 626. 98 By delivery to clerk on Date Received: February 26, 1986 By mail, postmarked on February 25 , 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Feb. 26, 1986 PHIL BATCHELOR, Clerk, By 0, o ° Deputy A'7ff Cerve I li II. FROM: County Counsel TO: Clerk- of the Board of Supervisors (Check only one) (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ounty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (�) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its mi r}u s2fp"r19s date. Dated, l PHIL BATCHELOR, Clerk, By w. Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 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 toMcf mant. DATED: �yI�HKK 2 5 1988 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) r1.ATM 1( CJ�IVM;�T'0: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to 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 9.11, 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 Rte, RECEIVED Against the COUNTY OF CONTRA COSTA) FEB a(o OATCMEl OR or DISTRICT) LERK9 Ofsu V s (Fill in name) ) ++ ACOSIA R The undersigned claimant hereby makes claim against the County Qf o tra Costa or the above-named District in the sum of $11moge �v2 lO and in support of this claim represents as follows: ------ ------------------------------------------------------------------ 1. When did d the amage or injury occur? (Give exact date and hour) -7 PM PM 2. Where did the damage or injury occur? (Include city and county) Ap pian Rod b�l-�uec.rti K csf'r-r 4•. and �I►�ta n o� ��. _ ___ _ C_e_n.4rz�_Cc sem_L'ecc -- ---- �_ b , --_------ 3, xow aid the damage or injury occ� (Give full detail use extra sheets if required) - _ --� A M..�o� ckulw�a At drove o ver pyo h , t�d • -f7r 1rt.o vi r c ppm • f v rh pA . �'-►- . fron t rf ct,ftocrcros d4rn- d _ ----- C tF n . pepor i tql. -_ ----- ------------ i . What particularact or -omissiono-n- the part of county or district officers , servants or employees caused the injury or damage? No uV arnti ` s( ins on or a hor p&H m or &A y u>/r_fe� Vn d. �' (over) 5. What are the names of county or district officers, :servants=.,dr�� ,",��: { employees causing the damage or injury? Co n�-�ra Cosmic Caen� tWd4 &Ace dept- -------- ma.cxt � ept- ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) f'-I'• s rd� 411-es a nd wltuJ arns aCarrL.krjed �. _ Re rice mmt-__coS-h 4.�+�Or. ----------- ----- -- ------------------------------------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) - - ------ --- --------- -- ---------- ------- --- ---------- - 8. Names-and-addresses-of-witnesses,-doctors-and-hospitals.------------- fts San � mond 0 4 Y03 ------------------------------------------------------------------------- 9. List the exendture,s you made on account of this accident or injury: ITEM AMOUNT t �hanc- ell s a A� Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant' s Signature C�- Address 6X94' Ott Telephone No. Telephone No.5J44Vo 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. " FpaM5 y v ! G m ti 1 NQ. q o'i 0"00 r+ O cnCD .a oi� G G n - t'1 f G N tri Ir �� fl GW C -A + S .c o pG^! �1 7! m © v ra � O � • � • b G O c G0 to to Ol m b N N '•! Z + R ¢ m ' N a CA N Q 93 r a s ' m°- IS v O M 9 Q g. CI C xi SS z Ol • "Q -,t O• 0 '^ ') r t � CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT March 25, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: GARY J. MC GRATH County Co!nsel Attorney: FEB 2 b 1986 Address: 1567 Dianda Drive Martinez, CA 94553 Concord, CA 94521 Amount: $99 48 By delivery to clerk on Date Received: February 27, 1986 By mail, postmarked on FPhrt,ary 96 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is 'a copy of the above-noted claim. Dated: Feb. 27 , 1986 PHIL BATCHELOR, Clerk, By A .._LL Deputy II. FROM: County Counsel TO: Clerk o t e Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: r , By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ounty 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 (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. r Dated: JAR 2 5 195 PHIL BATCHELOR, Clerk, By `_ , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. (� DATED: MAR 2 5 1986 PHIL BATCHELOR, Clerk, By �,C`�, Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM `'%LAIJ.*M TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to '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 9.11, 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 RECEIVED Against the COUNTY OF CONTRA COSTA) FEB 91 13N or DISTRICT) eA1CM01 Fill in name) ) E°c° + RAC s' o B The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 9y and in support of this claim represents as follows : ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and hour) 2. Where did the damage or in3ury occur? (Include city and county) /gec --------------------------------------------------ra— ----------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) /WV ,g f io-�30 V I�J 31) r e✓2; :v JS �usfs<c-0-foCJf9�,u,re q (e'1`2 s `:GuJ��te,SerUo v/fr<.9�g�lc f f d� 7- PJhd Z , �OJhi ) � lz" aeh /evs& . �,� Cq� .�,�r�tio/�4„u� WB w�r�✓�-el�� �,,�d��6�A ,u.� v�vs�� �vlr�f�v�ho��i�Ov� /,��i�, 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injur or damage? (over) `ii 2. 5. What are the names of county or district officers, -servantse-.0r1 employees causing the damage or injury? Gf U ti ouw 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) 7--. H-----ow-wasth-------e---amount------------claimed-----above-----comP--uted.--�---------(Include---the------------estimated--- amount of anypr spective injury gr amage. t`3Y �4-,)q eA-Tt 8. Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: �............� ,�..a,,...� ........,..:.. 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 -K aiman s Signature Addrps, `.VI Telephone No. Telephone No. ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. 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U w �Wnw21� ¢ cr owwHWOJZ O 4--' -r OW 2¢QW.iwa7 Z Y • cow<2�0O - a a OZ 2Lu moQ�>aW ¢ z d ( dm LL J F pw'<LU xw sOPo CA Q oi J J O 3Oy NQNf.� C7 H W ¢awO�Q�� 00 ° H aW�WNWQW J r f Q Z W ud J W Q i 2 0 .2 0N ¢ Z a t t O J i- O I W • z Z w0¢=aa¢> 6 p w r>O>0f- O S O h ¢ S z a� 4l Zm O 2 ¢ z0 Nz°OZNz`�¢ a W d W N aW Q W ; N 8 < O O ¢ ¢LL Q LL a o a 6.'0p�aQ�i y Y V W= �= 0 9 °Z ° m �' ¢ F �- 0 Z�.p ooz U0l tLL IO i N WJ S I JG W W i ' - U) F Q� J OJU o m 0 u 0 �cO ¢ m 2 tlf �g — F F V U, 0¢ W V 3a Z m a w;- JONN W¢ZOW cQ U {% ' OOa .¢W~Z W W Z LL LL J mLLN fwaaag� Aaoa H3wolsno Mt3 Nw clW in cl W� Q ..1 a o Z R O L)W o = + + 0 . o 3 z (.� z m � �� rn r o v o O .o.c tD wVu.-.rti �n ti D7 Co QT N N N Y M N N m o LL J J cH W a f z ¢ z to q w G1 w Y W WOQ I` = i �ti > a ¢ a 1 �Iz� O 2 CLw Nca2ts o 4J> > Zw J om 4 vs U r m and ¢w m Imo 2 z h Y 6 OO Z< oa a U U • `"`}}} tmtl2"cad cnm aa7< O za U. o W x= Z � 0 6 >, cr { c� _ > ,-T 1 ¢ W sg- gzo U¢ CC \AAA _ T r .. .. .. .. .. m O a • +r LLJ _ g =a T w o r- m w S z z w z U o U _ z Wo 2 �t w _ M <Z > Y° o m s z, + U a vi U'O ¢ M co r S`7 to L - w CG co CO 1� f' CD F+ I� C+J 117 enn a Q arito r— U 0 I�p� W O a 4 ui q a TC 1^o T3 Z3 LL swls (C W h >e o In z o>> r ' V O m ca c' Lo n o W 1 z Z a�3 fi`. > cQ ca ) IL71 O ,` a ¢Om =2 O CDO O Q 06 0 _ w U jowr' W, U It cc y ~1 2 W vs U s. C cc _ a. �w X \ t�O O _ Z a ¢¢ O NZ O_ T i C7 > s r a iV p a W G) �g p of vi W w - U) 3 o m t= ,y Q �' 1 a O a. "\ a OLu • n 53191605 ' d 0. AUTK NO DAAI I DEPT. INITIALS TAKE W �(] !/j z cc Mo. I o tJr C+ 1 ❑SEND W 40 L y 0 O ry O UAN CLASS DESCRIPTION UNIT COST AMOUNT y to `t 0 T J 08/65 01/86 CV .1 m o GARY J RCGRATH r _ . cpnz,. SUB m4 m ami acss�m.I o 4N mm Tor m m: SA { 41 1yA41y` c) 141 nud .en ft a > TAt F 1 . �' T k 1 K OR SIGN >✓ TAX i _'t"_ HERE L C "t Y ..R r 1 NC A SLIP TOTAL ( O a SARF U.S. Pat.4,403, 93 CARDHOLDER COPY m400 144 H) Bank of America""" IMPORTANT: RETAIN THIS COPY FOR YOUR RECORDS L CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAANT March 25, 1986 IM governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: CHARLES T. EDWARDS Attorney: Address: 4874 Alro Avenue Concord CA 94521 From CAO Amount: Unspecified By delivery to clerk on February 26, 1986 Date Received: February 26, 1986 By mail, postmarked on February 24, 1986 I. FROM: Clerk of the Board of Supervisors TO: Countv Counsel Attached is a copy of the above-noted claim. 0 Dated: Feb. 27 , 1986 PHIL BATCHELOR, Clerk, By ° Deputy nn e velill 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: GBy: Deputy County. Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order.entered in its minutes for this date. Dated: MAR.2 5 1966 PHIL BATCHELOR, Clerk; By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months Prem the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed 11 DATED. 'tl-q86 PHIL BATCHELOR, Clerk, ByL , Deputy Clerk XWL cc: County Administrator (2) County Counsel (1) M AT" • _ � I I WRITE IT! - DON'T SAY IT! M 103 Os CONTRA COSTA COUNTY 4. :a F3• TO Charles Edwards DATE 2/3/86 FROM Administrator' s SUBJECT Claim Form Office Enclosed is a form for your convenience in filing a claim for auto damage. Please return the completed form to the office of the Clerk of the Board of Supervisors for processing. SIGNED PLEASE REPLY HERE TO DATE �.�; �� �� Cages C�,� s�.►�Q SIGNE INSTRUCTIONS-FILL IN TOP PORTION,REMOVE DUPLICATE IYELLOWI AND FORWARD REMAINING PARTS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE IPINKI AND RETURN ORIGINAL. FORM IA103 ©s � r CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to 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 RECEIVED Against the COUNTY OF CONTRA COSTA) FEB ,2(, W6 or DISTRICT) ►M!t BATCWtot lEea �!OF Su Fill in name) ) C 1 A CO$IA The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the dama e or injury occur? (Give exact date and hour) S�►.a 3\, \q�� ���o� �: �� per. 2 ---------------------------------r--------occur? (-- ------Include-----city--and----cou----nty) ---- . Where did the damage or inju ------------------------------------------------------------------------ d ` 3. How did the amage or injury occur? (Giv full details, use extra sheet if r quired) 6 v �r _� , 0.� 4ppfok 0� o_r e �f_,\.,I4��e c J.*cc r CK Qvw QQ a�\ �bJ -' N.J ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employee caused the inj ry or damage? � � �r�c��o.�. sti.�� . 4�e `'�� L,,, a_ Qab\�c-�\.e�oi�-�,yp� (over) 5. What are the names .of county or district officers; servaTit�-ar,- I--�.:� I employees causing the damage or injury? ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two Iestimates for..:au o.. damage) �JSu CaP Cj t4ow.� , _. bei v��,t ,-�e l�co,�e e��'F ��`% q� wpMa �� l,�ti.e A iJorLi�11- 7. How was the amount claimed above domputed? (Includg the estimated amount of any prospective injury or damage. ) l ------ ---------------------`-----n--P----- ------------- 8. Names and addresses of witnesses doctors a d ho ials ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: »"'"'... "'""D'ATE.. _..................) ITEM AMOUNT J.IL i t r•' ti Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) orb some person on his behalf. " Name and Address of Attorney �(0+- a 'man ' s Signature L4C 7 � � . Telephone No. Telephone Na,,-L-- -A--I 7P � ************************************************************************** NOTICE Section 72 of the .Penal Code provides: "Every person who, with intent to defraud, presents -for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT March 25 , 1986 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 Claimant: CLIFFORD A. VAUGHAN, JR. and 915.4. Please note all "Warnings". Attorney: Robbins , Dangott & Scharlach County Counsel 508 16th Street, Room 1020 Address: Oakland, CA 94612 FEB 2 6 1986 Amount: $50, 000. 00 By delivery to clerk on Martinez, GA 94553 Date Received: February 25, 1986 By mail, postmarked on February 20, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. H Dated: Feb. 26 , 1986 PHIL BATCHELOR, Clerk, By Deputy Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ( x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ., By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) Co ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. Dated: MAR 25 1986 PHIL BATCHELOR, Clerk, By C,� yvti� w'c1�n�1 Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board T0: (1) County Counsel, (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: MAR 2 5 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM R*F ...4CEIVED rEB as, tis "M PATCMF(CM .Eft go C -TU *mot; In the Matter of the Claim of By r Q;24=z NOTICE CLIFFORD A. VAUGHAN, JR. TO THE COUNTY OF CONTRA COSTA, A MUNICIPAL CORPORATION, ITS OFFICERS, AGENTS AND EMPLOYEES: PLEASE TAKE NOTICE that CLIFFORD A. VAUGHAN, JR. , claims against the COUNTY OF CONTRA COSTA, its officers, agents and employees, for personal injuries, medical expenses and general damages sustained by said CLIFFORD A. VAUGHAN, JR. , and by reason of said personal injuries received by him and in support thereof the claimant states: 1. Post office address of claimant is 945 Miner Avenue, San Pablo, Ca. 94806. 2. The names of claimant' s attorneys are ROBBINS, DANGOTT & SCHARLACH, 508 16th St. Room 1020, Oakland, Ca. 9 4612. All notices of denial or acceptance of this claim should be mailed to said attorneys. 3. The claim of CLIFFORD A. VAUGHAN, JR. , is for the negligence of the County of Contra Costa, its officers, agents and employees, and others, as hereinafter set forth: (a) That on January 14, 1986, while claimant was walking in the County of Contra Costa Social 'Service Building, on Dam Road, El Sobrante, in the lobby thereof, he slipped and fell on some water. That said claimant is lead to believe that said premises are under the direct control, management, supervision, easement, repair and maintenance of the County of Contra Costa, its officers, agents and employees. That at said time and place said area was so poorly maintained, managed, supervised, repaired and controlled so as to cause water to remain on the floor of said lobby thereby causing the claimant to slip and fall on said wet floor, and suffer severe injuries. (b) That the claimant suffered injury and damage to his body in general and left knee, back and shoulders in particular, and other injuries the extent of which are unknown at this time. (c) The accident as aforesaid, and injuries and resulting damages alleged herein were caused solely through the negligence and carlessness of the County of Contra Costa, its officers, agents and employees, who failed to take proper precaustions in maintaining and supervising said area as set forth in 3 (a) above. (d) That claimant CLIFFORD A. VAUGHAN, JR. , solely by reason of the negligence and carelessness of the County of Contra Costa, its officers, agents ane employees, was forced to spend money for medical treatment. That by reason of the foregoing, the claimant has been generally damaged in the sum of Fifty Thousand and no/100 ($50, 000. 00) Dollars. WHEREFORE, claimant CLIFFORD A. VAUGHAN, JR. , requests that the County of Contra Costa honor and pay the claim as hereinabove set forth in the sum of Fif ty Thousand and no/100 ($50, 000. 00) Dollars. Dated: February 20, 1986. ROBBINS, DANGOTT & SCHARLACH By�� Attorneys for ( lai aln-fi: 508 16th St. Rm. 1020 Oakland, Ca. 94612 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or bistriat ) NOTICE TO CLAIMANT March 25, 1986 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 Claimant: SANDRA L. DOOLEY and 915.4. Please note all "Warnings". County Counsel Attorney; FEB 2 6 1986 Address: 67 St. Thomas Court Pleasant Hill, CA 94523 Martinez, CA 94553 Amount: $1105.19 (?) By delivery to clerk on Date Received: . February 24, 1986 By mail, postmarked on February 22, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Feb. 24, 1986 PHIL BATCHELOR, Clerk, By4ATi O00 Deputy velli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimants right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: d By: Deputy County Counsel III. FROM: Clerk of the Board TO. (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes or `�s date. Dated: PHIL BATCHELOR, Clerk, By C_� K\X-t)o-�o , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. 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 an9 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: Vi R 2 5 1986 PHIL BATCHELOR, Clerk, By . Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM r_1Ai '•'T0: BOARD OF SUPERVISORS OF CONTRA COP*A91PUapplication to: Instructions to ClaimantC!erk of the Board Martinez,Califomia 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of 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 RECEIVED Against the COUNTY OF CONTRA COSTA) FEB A 1986 ) or DISTRICT) SMR 8ATCWLOQI OF es (Fill in name ) tE°K0 rlACOSTA The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------ d ------- ---- 1. When did the amage or injury occur? (Give exact date and hour] J ar» yam- U C c1t11rr6011 0_N Jam, Fcvb . car L;- J Z> lP 7 �. Where did the damage or in3ury occur? (Include city and county) Jf o C.0 u 1,,r to W C,n 7-t7 C-t:Y' /3/kAv J au-f C(6-7yl� 6bMirc" all 6C2_ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) /Vj� c/CP 9,� Fr, unc/� 4Ze/fc. (-. �- 7hF Pa ad, -Th G. i rrrper cr c u LfC/ '7'/h-C r/9 Ai- h"h Ca/-o ---------------------�--------------=-------�---figg -�---- ----------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? T, 4,00,ftle rs. hae-1 .?/Orel (over) . 5. ,What are the names of county or district officers, servants or A employees .causing the damage or injury? nrcc)P rncc./ic.rt is t70/- zZ 1,10; 6. What damage or injuries do-you-claim iesulted? _ {Give-ful3�extent - ^ of injuries or damages claimed. Attach two estimates for auto damage) .. ?"ham Icic)C a, hl-lb (2o.V--D 97-179/ 74)c-1 Car ILc> bOL, opa"YC-,ChC1r1 &4/7/ 549-�-VLIIIL---------------------------- ?-.--How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) PC,1-10 -rA& Chkov- CYC-4rZ/ePS/, S lf_r L C.A.Z.Z��-(Y--—ke V-�--"--5 8. Names and addresses of-witnesses,-a;cl;;;-,a--n-d--h-o-s-p-i-ta--l-s . A x 0 9. List the expenditures you made on account of this accident or injury: ITEM AMOUNT ct b OrA ln*r,n 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 z, �z Claimant' s Signatuf-e Address Telephone No. Telephone No. A' J 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. " .�/-r��f;�it,�//'t�/j-',v�r(w1�, .�f 1' � 1,,.yy/;il�+.�il l,iir '�i. .•✓J _,"r !,� /- --..� r� � �. •r�,.+V !h /t �.. t� �'���H '�jjwi!fir'°•}r I/*rid• ►�,hi It�r�,1Y !{:�/+� ��;.%"��. ► i/��'.�/�,/IJ�J�,:r.' /'�/• �, �/I�F !•I//i A�r`�j"".�•+�:"r';l,•!I � J J� w. l r ' r+fit�'.�1i�t;r1,'�,�'l'`rl J;�l♦•.� r. � `.' i ;: _fit + �`�i �N/ .. � . ..� w /a a*, ,_, in♦,'G.r►- It ! ifJ x+�`+it' irr /•� 'w'!�/r'- ��f i >IJfJ%+lI►� ,�4, '/�;,., i /fir •. / +, �� J ♦ -. p•4 Oj+ • A n SI 2 O •U 0 . • D • ,►, e V a o z / 0 V z loll Doom®ONE 000me00000000000000000000m i Z • .� imm 00 S. s CD m.,. con . ' 1 K;4 -Mi w• •w m` • m 01 T i '�- s • Ul CL ■ \ ` mi m ©©©©©©000000000® 0 - I _son� z m v ■ O • Z �} rn ro A 7D • ©©0000aa0000aoa� • IIIIIIIIIIIIEI - ...... .' ; ,fi;+� ,�-•% :.i�stili -C o- ' . 06794 +yi a i•. f•..f S y.} "' •.=� ",i_I rt ;-�s t�� M ITl o°3 3 INCORPORATED PROMISED-, 3 2121 Diamond Blvd. Phone 689-6500 f O S tm m m m = o BAR#AB 6725 CONCORD, CALIFORNIA 94520 >a '.,�� +I' .•!�' I.:J m Q3.°m 3.o m 'm I,the registered owner,authorize you to perform the below repairs and furnish the necessary materials.i understand any costs quoted �:-t Lill Z 3' ° o heretofore Is an estimate only. Your employees may operate vehicle for inspecting,testing,and delivery at my risk.You will not be m 3 £ r responsible for loss or damage to vehicles or articles left in it.f agree to pay reasonable storage on vehicle left more than 48 flours after p •,} .-.j ;°-' S' }TI o o£°m E n m notification that repairs are completed.I also authorize the dealer to sublet the needed repairs if necessary I AGREE THAT YOU HAVE 3 _ AN EXPRESS LIEN ON THE ABOVE DESCRIBED VEHICLE FOR THE CHARGES FOR PARTS AND LABOR FURNISHED UNDER THIS 3 C) A m a a o <a 'm- REPAIR ORDER INCLUDING THOSE FROM ANY PRIOR REPAIR ORDERS ON THE VEHICLE IF i FAIL TO PAY SUCH CHARGES,I 2:Q AGREE THAT THE VEHICLE MAY BE HELD PENDING CIVIL ACTION.IN THE EVENT OF LEGAL ACTION TO COLLECT ANY SUMS Z z m m m g m P DUE,I AGREE TO PA COSTS OF COLLECTION'AND FEES INCLUDING REASONABLE ATTORNEY FEES. kit. -„{ m a ii n g ?. a m �/ %• TERMS:CASH OR F t O c APPROVED CREDIT CARD tt @ P ° C ACKNOWLEDGES RECEIPT OF A COPY HEREOF: p 2 m a CAR NO. d9 3 PRELIMINARY EST. DATE to — — (l — — i ' 'a REVISED ESTIMATE TIME ___ _ ____ _ _ Ft.O..TYPE HRS j FC AUTHORIZED BY IN PERSON 0 TEL. ' 01 INSPECTION I SAVE PARTS ❑ REVISED ESTIMATE DATE t ACKNOWLEDGE RECEIPT r 42 CAR CARE I AND ORAL APPROVAL OF AN (LUBE} 1 AUTHORIZED�BY- TIME INCREASE IN THE ORI- 0 LGINAL ESTIMATED PRICE. 03 CHANGE I IN PERSON 0 TEL. G �} FINER i a. —INSTRUCTIONSLABOR p :Y. ''S` FILTER 'I FUEL 2 .'y '-ti 06 FILTER OT WHEEL BEARINGS 1 1 OS U-JOINTS 09 TRANSMISSION 1 ' - ! j r• f ! '� .-+ SERVICE EMISSION 10 CONTROL �pW} - SERV.R/ADJUSTMAJO A A` 12 BRK./REUNE to 13 MASTER CVL.s' I 1 14 In I m "Y, '?�' 15 BALANCE "f/•,� / r' �,/ �I W 16 ROTATE f7• C 17 •STEERING M 18 'HOCK$ I , �.• ��, /! � / I MINOR I .' —1 TUNE 1 +� M 20 SCOPE T ADJUST p" CARE. I - 'I 21 REPAIR 1 I 022 STARTING 8 CHARGING W D 23 ELECTRICAL i Vit. r• FUEL 24 SYSTEM I 1 25 AIR COND. I I SERVICE I Oy :{•: 26 COOLING SERVICE 1 I r I I 27 HOSES& j �y BELTSWATER 1 1 p 28 PUMP i O 29 RADIATOR ! k i I,",•;,I :moi : 30 ENGINE i I I I y 31 TRANSMISSION O 32 DIFFERENTIAL I W I I 33 EXHAUST • I � f. 34 UNDERCOAT I BODY,PAINT, i 1 35 GLASS I I 36 TOWING t t rn 37 wA;pOPOLf H 1 0 NEW-CAR.PREP I I I i 38 MISC. 39 SSC-1 40 SSC-2 i i -- PIT2!-:."J,MC CHEVR E1, i(v4. .a...D:�D e V[:- DATE tJ c_'_�c•- � A_ R.O.# PHONE# QTY DESCRIPTION )? ITEM NUMBER Y R MAKE 1,M2DEL SERIAL NUMBER TRIM NUMBER Dear Customer: It was necessary for us to SPECIAL order the above item{s}for you. 'x h As soon as they arrive you will be notified. f' Than our ODSA-116.3(3 PART)SP-1(8-80) 6 DSA-116-4(4 PART}FWS-4(8-80) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT March 25, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: NEAL NIEUWENHUIS County Attorney: MAR 0 3 )5oo Address: 408 Wimbledon Road MarbW Ch Amount: Walnut Creek, CA 94598 By delivery to clerk on $548 . 15 Date Received: February '28, 1986 By mail, postmarked on February 26, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. f Dated: March 1, 1986 PHIL BATCHELOR, Clerk, By F. Deputy _ ery i II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (K) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: .JCC ~0 By:J Deputy County Counsel III. FROM: Clerk of the Board TO. (1) ounty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for date. Dated: AR 2 5 1 PHIL BATCHELOR, Clerk, By Cpm �, 1n. ,(,o , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) .County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant DATED: NIA R 2 5 186 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM C+ O Al P. I-d 0 O (DC) C) 5FJOq Q� n0 °. 00 (D F-' (D Pl c-l- P' +-3 C-4 y 3 $:1-. • E � H Fl p � Dz O c+ � F- Sl (D (D (D FJ W c+ O H (D n^c (D C) (D 0 � M (D Fi c+W I-h O b F LTJ td c+ F-' O ff, (�D z c+ F, �P, p (-) 0 F-' F- O K O t-h0 (D (Z:Z " O (D � =o (D C+ c+ Vi p O w- p (D Z O a N F• � F-'• Fi fj C+ N � rt0 rh N N F-'• H N F c+ � O (D �. , yM ¢ FZ lD (D F-' N (D H- '1'i z Z r fy OD O (D O F (D N FJ. z (D c+ O c+ N• � a\ h �i 0 n Fi a rt (D m H• Ft ''i p to " rl >L Fn ct (D OA F h �,' (D (D � c+ O H0 C+ 1-d Fl. yr Fi O .� A<o Fes-• pl (D 0� m (D (D f1 ►t O >-m F' • �3' C+ O (D F-' T C1 Fl- 723 3 m (D (D F. � Ffi '• F N T; F h Fl- O N �o o o F• (� (D � Otl C+ Ft O M M of rt � O (D fi y m nnU,,� 0 (D ' O O � f1 C+ 0 .~S' !" F-' (D c+ C+ T N o O >v O c+ O F� � 'd Ul r O F--' O �-h s O n Al P Fd H- Ul +� �i b c+ CO (D 'TJ fZ O N m O O m H ~ A z< (� Pl O Fv m Oq ti W c O C ti rt o m Z o O z O '3' N n F-'- N 00 o c+ �. H O 0 (D (D x En (D O \ O U) (D FJ c+ Al W o 0 LQ D D F b FJ (D Hl (D O Q 00 WO O in, (D O c+ `3 �U (D td C F j I-h • h of A D O O O (D � ¢ Z (D F i N G 0 (D ° v z FJ. Fd (D (D O ch � O O n z c >n c+ H. "1-d C+ N �1 W O*q ri (D o (D �3, () w �31 O C+ F r N w P. (D c+ c+ N• (D F-' P) -J (D O (D cf- S:L O c+ Ul ::5, pI (D I CLAIM• TO: BOARD OF SUPERVISORS OF CQNTPi, COSTA COUNTY Instructions to 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 ) RECEIVED Against the COUNTY OF CONTRA COSTA) FEg�� 1986 or DISTRICT) PN BATCHELOR RK 80 11 Ot SUP ISORS (Fill in name) ) LCO�AAAA .i t J o 401 The undersigned claimant hereby makes claim again t the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury; occur? (Give exact date and hour) January 31 , 1986. 11 :00 P. M. -----------:------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) City of 'Walnut Creek, County of Contra Costa. Treat Blvd. Accross from Pleasant Hill Bart Station Parking Lot. 3. How did the damage or injury occur? (Give full details, use extra' sheets if required) I was driming east on Treat Blvd. In the dark, behind another automobilewhen I went through this deep hole in the road with my right front tire. The car in front of me did mis the worst part of the hole, but did loose a hub-cap. -- - -- - --------------------------------------------------- 4 .---What-- particular--- -------act or omission on the part of county or district officers , servants or employees caused the injury or damage? It was obvious that the condition of the raod was in a hazardous state of repair. The hole should have been filled. The C .H.P. obviously agreed1becouse they saw to it that the hole was filled and warning sighns posted after I informed them of the situation. (over) 5. What are the names of county or district officers, # employees causing the damage or injury? - -- - - ------------------------------------------------------------- 6-.--Wh-at-d-amage- or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See attached Bill No injuries ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) See attached bill ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Alice P. Nieuwenhuis, 408 Wimbledon Rd. Walnut Creek, Ca. 94598 Renbn G. Nieuwenhuis, if ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: 'MATE,"..,..._,... .._.. ... ITEM AMOUNT rte :s. •,• � a ..., ,..... ' 94, ` a;�' BRIAN BUICK INVOICE 518. 15 # 14598 i '"..:.""•"'`""""' """ '�.♦..�.. .,,.w..' Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) r b ome erson on his be alf. " Name and Address of Attorney C ,, C la.im�n -,-Signature- L4 Address Telephone No. Telephone No. 6L,J-) !2 3 Z-�Z z 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. " CALIF-B.A.R. REG. NO. AG 96611 SOURCE 30 'LY CASH UNL(SS ARRANUMENTS MADE A.F.A. N0. jqjTE G REPAIR 14 5 TIME PROMISED ,e the below repair work to be cone along with `��O ORDER atenals. You and Your employees may operate NAME AND ADDRESS NUMBER ses of testing, inspection or delivery at my risk.. C aures hen is acknowledged on veh[le to secure A.M. pars thereto. Storage will be charged forty-eight CUSTOMER NO. PHONE NUMBER us are completed. In the event legal action is P� uce this contract, I will pay reasonable attorgey's BUS. sts. r by aotified that the said Vehicle is not iesyredlilf) DCX NO. the amount of the actual cash Value thereof, erO. t/ OPERATION Lf e dealer against less occasioned by theft, fin, All- uar ran ❑ de the property remains with the dealer. V.I. N0. DLR. CODE DELIVERY DATE Y A ODEL 1. Maintenance ITE PARTS 6 2. Change Oil LABOR f Fil ENGINE NO. BODY S�YLE COLOR TRIM BODY NO. C err pe rUil t. N PARTS ❑ SCRAP PARTS � � 3. Tran O 4. Service I HAVE READ LISE N0. oc root REVERSE SIDE -A � , ! D 4a " \VAS rVJI S. Wheel Bearings❑ A COPY RECEIVED (Tf_ can 'H.BY ATTIME BY AMOUNT MIRAGE 6• Smo Volvo a V.I. NO. TRANSMISSION NO. Q7l ]. X Tires Z S J •O ;117L/CHARGE TO: 1E BY S. Air Clooner _ 9 June Q Motor JOTICE AND ORAL APPROVAL OF AN OPR. NO. RETAIL l40URLY RATE f PER HOUR 1U. rgn ORIGINAL ESTIMATED PRICE. INITIALS front Wh el RT NO.OR DESCRIPTION SALE P5 e ��V1^ l � a eo W I :I UNDERSTAND I HAVE THE RIGHT TO HAVE EMISSION SERVICE AND/OR ADJUSTMENT DONE ELSEWHERE.I HERE WAIVE THIS RIGHT CUSTOMER'S SIGNATURE X DATE DESCRIPTION AMOUNT ® BRIAN BUICK ® LABOR-MECH. BUICK 2008 Mt. Diablo Blvd. BUICK R`�PAIRS-MECH. TOTAL' WALNUT CREEK, CA 94596 ?ARTS MECH. NEW VEHICLE JBLET REPAIRS-VENDOR Phone # 415/939-0500 IN LABOR LABOR-BODY rUBLOOYET RSH 0 PAIRS n� PARTS BODY avwm � zgiiin Y Via Com[ PAINT 8 BODY MAT'L �`"``'�``�� TIRES 6 TUBES ET REPAIRS GAS. OIL & GREASE WE RECOMMEND THE FOLLOWING REPAIRS: SHOP SUPPL�'IES SUB-TOTAL TAX TI ZEASE CHARGE )EALER,,ENTER COST. N0. '•'G' CASH SALES , MERCUSTOINVOICE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT March 25 , 1986 governed by the. Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: JOSE CAMPOS Count, Counsel Attorney: Nathan Cohn P.C. FEB 2 6 1986 Address: 1255- Post Street, Suite 711 Martinez, CA 94553 San Francisco, CA 94109 Amount: $250,000. 00 By M'14eAf 4vffePA on February 24, 1986 Date Received: February 24, 1986 By mail, postmarked on no envelove I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: Feb. 24, 1986 PHIL BATCHELOR, Clerk, By Deputy 4r (C jr-vel i II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: lo , By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) unty 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 ( 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. �` Cj �. Dated: AR 2 5 1986 PHIL BATCHELOR, Clerk, Byy, 1-�x' ,�; � , 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. FR M: Clerk of the Board T0: (1) County Counsel, (2) County Administrator At�ached 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: Pry='• 2 5 1985 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) LEIVED PHIL BATCHELOR CLERK BOARD OF SUPERVISORS C T�RA-C�OSTCO By 0muty CLAIM AGAINST COUNTY OF CONTRA CLAIMANT' S NAME: JOSE CAMPOS AMOUNT OF CLAIM: $250,000.00 CLAIMANT ' S ADDRESS: 4728 San Pablo Dam Road, El Sobrante, CA ADDRESS TO WHICH NOTICES ARE TO BE SENT: NATHAN COHN, P.C. 1255 Post Street, Suite 711 San Francisco, CA 94109 Telephone: (415 ) 885-3100 DATE OF INCIDENT: December 12/13, 1985, midnight LOCATION OF INCIDENT: Highway 1-80 eastbound, at either Albany or Gilman exit HOW DID INCIDENT OCCUR? Excessive use of force by police officers of this jurisdiction DESCRIBE INJURY OR DAMAGE: Acute multiple fractured ribs, acute abrasion laceration left lower leg, violation of civil rights NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE, IF KNOWN: see police report and/or additional public employees unknown ITEMIZATION OF CLAIM [List items totaling amount set forth above] medical , hospital , doctors, medicines, loss of employment ability, trauma, mental suffering and pain and suffering Signed for or on behalf of claimant � SE CAMPOS 1. 15 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT March 25, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: KELLY DANSBY, BRIAN DANSBY, ERNEST CLAY, EDNA CLAY ERIC CLAY COutity Counsel Attorney: Law Office of Herron & Herron A Professional Corporation MAR Address: Transamerica Pyramid, 33rd Floor 0 3 1986 600 Montgomery Street FF pm Cort� Guns Z (� Amount: San Francisco, CA '3Y de every er on Ve�if ,45P I ARF, Date Received$4, 500, 000. 00 g mail ' February 28, 1986 Y , postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: FPS, R lg gfPHIL BATCHELOR, Clerk, By d 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: /t-C By: 1-C CCI��c-�� Deputy County Counsel III. FROM: Clerk of the Board T0: (1) ounty 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 ( 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 s date. �(r Dated: MAR 2 5 1985 PHIL BATCFMOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a cony 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: MAR 2 5 196 PHIL BATCHELOR, Clerk, By \:0� , Deputy Clerk cc: County Administrator (2) County Counsel (1) /IT ATM Office of J COUNTY AUDITOR-CONTROLLER Contra Costa County Martinez, California February 12, 1986 FEe �°L'�sei '7 1986 TO: Victor Westman, County Counsel . Mart�ggt, ,� Attention: Vickie J. Finucane 94553 FROM: Donald L. Bo }Auditor-C n ller , By: T. C n Svcs. Officer SUBJECT: Claim aga'nst ity of Ric and and County of Contra Costa Attached is an additional copy of the Claim against the City of Richmond and County of Contra Costa which has been received in our office. This is in addition to the copy of the Claim which we delivered to you on February 11 . Since you advised us by phone that no further action by this department is needed, we are forwarding this copy to you for your disposition. TJC:mp Attachment RECEIVED F.F B X 1986 ► l BASCMELOR ERK e ^O- SU ORS C t A COS 7 o n uDNisab 2-6-86 #1057 M14 : 11 W 1 CLAIM AGAINST CITY OF RICHMOND AND o COUNTY OF CONTRA COSTA 2 a 3 4 TO: Controller, City of Richmond S Clerk of City Council, City of Richmond 5 zAND TO: Controller, County of Contra Costa z 6 Clerk of the Board of Supervisors County of Contra Costa G 7 & CLAIMANTS: Kelly Dansby 8 154 South 20th Street Richmond, California $ 9 $ Brian Dansby 8 lQ 2821 Florida Avenue 'p ECEIVEI� Richmond, California R 11 Ernest Clay FEB ;2f 1986 12 2821 Florida Avenue o Richmond, California 13 PHIL BAT[HEIOR IERK Wil Of 5 ERVISORS Edna Clay a c RA cos o. M . a 5 14 2821 Florida Avenue Richmond, California 15 Eric Clay 16 2821 Florida Avenue Richmond, California 5 17 AMOUNT OF CLAIM: General and special damages for the 18 wrongful death of Helen Hildreth and pain and suffering and emotional distress Z 19 and mental anguish. 0 g 20 AMOUNT OF CLAIM: $4 ,500,000 .00 o . Z 21 ADDRESSES TO WHICH NOTICES 0 22 SHOULD BE SE::T: Law Offices of Herron & Herron A Professional Corporation 23 Transamerica Pyramid, 33rd Floor ° 24 600 Montgomery Street 0 San Francisco, California i (415) 788-2500 c 25 W DATE OF z 26 OCCURRENCE: November 9 , 1985 PLACE OF z 0 OCCURRENCE: 2821 Florida Avenue 2 Richmond, California 3 HOW DID INCIDENT 'OCCUR: The City of Richmond and County of Contra 4 Costa were careless and negligent, together with their subcontractors, and agents, 5 including, but not limited to, the Cadillac I z Ambulance Company, in providing emergency Z 6 equipment that was in good working order I and free of defects or emergency crews that 5 7 were knowledgeable with regard to emergency equipment and procedures and routes. On 8 the subject date, equipment responded to an 8 5 emergency involving Helen Hildreth and such 0 equipment was in a state of disrepair and was- defective and was improperly cared for, 0 10" 1 maintained and operated so as to allow the battery to die or the electrical system to 11 malfunction leading to delays which caused or contributed to the death of Helen 12 Hildreth and the emotional distress of her o family members who witnessed the incident. 13 z 14 DATED: February 7, 1986. 15 16 HERRON & HERRON A Professional Corporation 17 18 0 By AcvAVA 0 z 19 JOHN D. MAATTA rneys, for Plaintiffs 20 :z 21 z 0 22 23 24 0 z 25 26 2. i CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT March 25, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: JAMES A. MINK Cpunsel County Attorney: ;, FEB 2 6 1986 Address: 11 Leisure Lane CA 94b53 E1 Sobrante, CA 94803 Martinez, Amount: Unspecified By delivery to clerk on Date Received: February 24, 1986 By mail, postmarked on February 22, 1986 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: Feb. 24, 1986 PHIL BATCHELOR, Clerk, ByDe., A,I ff. puty n Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) . ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM:- Clerk of the Board T0: (1) C unty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present This claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for date. G Dated: MAR 2 5 f!�g PHIL BATCHELOR, Clerk, BY �J��-'t.� �'� , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only .six, (6)-months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: MAR 2w 1qE[A ,_PHIL BATCHELOR, Clerk, By D , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM CLAIM TO. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to 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 RECEIVED Against the COUNTY OF CONTRA COSTA) FEB 1 or DISTRICT) (Fill in name) ) 1K 8"M o� Rot co cosy The undersigned claimant hereby makes claim agains o ontra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the-flamage or injury occur? (Give exact date and hour) Imo`- -----------r------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) l�clf% atfw�l✓ P'�lNcar� 9r-�tQt-�tF ,��, �G. Sae�°�.Q� � erg. �eNfil�A �s� ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give l detai s use extra sheets if required) , r � af ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury Aor damage? (over) servants 5. -What are the names of county or district officers,: _�or_. <.. � _ 1 employees causing the damage or injury? 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) / --------------------- ---- ---------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective inju y or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hos itals. 22-2 SO ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: ITEM AMOUNT 1 4 K 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 Cla ant' s Sign ture 1/ Adc1ress Telephone No. Telephone No. 3y3 6 ************************************************************************** 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. " , 7 31370 x LARRY'S TIRE SERVICE 31 Pitt Way El Sobronte, Calif. 94803 222.1914 Computer Wheel Balancing Dunlop and B.F.Goodrich•T.A. Passenger i Small Commercial .... Customer's Order No. to NAME Address Sold By Cash Tarms Charge On Acct. Mdse.Reid. Poid Out Reioit Whlse. QUANTITY DESCRIPTION PRICE AMOUNT Ctf' S AN V _CZ L ANIANCAi - '�� k.. ALIT( 5 A I l i�l TOTAL CONDITIONAL SALE;CONTRACT: It is understood and agreed by the undersigned that payment for the above is to be mode upon terms designated herein, h and if not so paid shall accrue interest from said date of 10 %per month.In E9 the event suit shall be brought to collect the above amount it is further agreed that the undersigned shall be res onsi. b}e for such sum os the court may fixos a reasonable attorney's tea plus court casts.Title to merchandise shall remain 'Ez•• t Z. in the name of Larry's Tire Service until paid for. =� RECD BY: r All claims and returnedoods MUST be accompanied 9 ponied by this bili, MONDAY THRU FRIDAY 9:00•S:30 SATURDAY 8:30.2:00 CUSTOMER c , CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA C Nff, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT March 25, 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". COO�,gei Claimant: KATHLEEN A. WOOD County Attorney: FEB 2 6 1986 Address: - MartlneZ, CP.94553 217 Sparrow Drive Amount: Hercules, CA 94547 By delivery to clerk on Unspecified Date Received: Feb. 25, 1986 By mail, postmarked on February 24, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Feb. 26, 1986 PHIL BATCHELOR, Clerk, Byot Ac7 Deputy Ann er elli 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). ( ) Other: Dated: AA� Deputy County Counsel III. FROM: Clerk of the Board TO: (1) ounty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for t s date. Dated: MAIC 2 5 1y � PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: MAR..2 5 1986 PHIL BATCHELOR, Clerk, By �_, Deputy Clerk cc: County Administrator (2) County Counsel (1). CLAIM _ C1;AiM- TO': BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to 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 RECEIVED Against the COUNTY OF CONTRA COSTA) FEB as" 1986 BAT PHI or DISTRICT) 19 f1r%OfCSUHRON as ( r Fill in name) C 5P 2 The undersigned claimant hereby makes claim against the County of CoNtra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: i-.--�77E-e;-a-la-EE-e-a;-ma-g-e--o-r--in--31-u-r-y--o-c-c-u-r-?---(-G-i-ve---e-xa--c-t--da--t-e--an-d---ho-u--r)----- Fek 71 17& 5:15�m J/ - ------ -------------------- ------------------ 27_�lRe-i-e- did the damage or injury occur? (Include city and county) ---- - ---------- ------- - - ±-- - -------- 3. How did-the damage-or injury-occur? (Give full-details,-use extra - sheets if required) & S-go M/ Z3 OXA 77 7 ce c& - - /zVe f'e-- Ir s - ;loeayw---iw4 n/ z -ems a 4 . What particular act or omission on the pPcounty or e a .4 ---district--- officers , servants or employees caused the injury or damage? )ck, lud Xe4e�,, X-�J 4/ /0-/5- et� 4e" -7 cy ZAekt_ a_#" A-;'- � (over) (c-4 � q ; ? in, a 4' tie wk_ mtq 'y �<5 v- q�v_4_?eQLrX^' _4�_. t6kc,,_---r .1/ ✓ , J 5. . What are the names of county or district officers; ser-vants,-zlorr °.si 1, �._.• employees causing the damage or injury? ---------------------------------------------------------------------- What damage or injuries do you claim resulted? (Give full extent ,� SPars of injuries or damages claimed. Attach two estimates for auto 41 V-16V e)c damage) / /! _/t ' / sz QQ c I eQ�' f v k4 carbo/ o 7 �l' a4 /71 mac- �` T�-� a . �r � o- W-C kw Sra E L a 7. How--was-- the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) /�co(�al d /xacaC C,/ OV, -Ike -a4-d. need&. 6e �l c A >11--t ge used ,re 4e>ze `ia�d�P fca- K.--R-am--e-s-a--na �e✓ Ox� ,1 wkF��?J addresses of witness doctors and hospitals. G) tx"i bNo�. 9-k4;nr ce o L O-n- sev rric�e� &J , R 596e, a23-o?a0 aJ — , — wt AV 9. ��.�.5►tvt.�..,�xp��dtur,j s you made on account of this accident or injury: t ITEM AMOUNT l 67 7L_ Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney)_ or by some person on his behalf. " Name and Address of Attorney ' Claimant' s Signature O?i rI SA&Ahcyd 1 lAdd ess c_ o, 7 Telephone No. Telephone No. rw5) 7fI-Ods4 ************************************************************************** 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. " 1 ?DRESS ��l"7 Sa ,Y AND ONE (AREA CODE) FPDLABOR SHOP CODE CHARGES J� er - __ - -IFEL BALANCE .. OC.KS BE/OIL CHANGE I `y�c♦ bi�-u CRLLXI APPROVAL STAIE LICENSE IOJ f 1 vppL. FIMR ANSMISSION OIL/ I ` TER SERVICE I SELLING ST/OGRE NO. DA ZE[Of SALtE (SALES NO. GNN,ENT REPAIR �' 1 1?�\!..1 27 MAKE OF AP COLOR YEA P... ' S1,j49: r, �� I VF WCI Y)ENI [Ai1011 NO. J 4GINE DIAGNOSIS '�'---7�-}--1_ 'Tjt/AE IN_ F �.` READY By 1 REPLA�F[i l'[.RIS LREi]UES1llUO8Y CVSiOMFR DALE ''r ` (\ I '((�ZS"-rrr SFS N /••_� -� ` V'� J HAUS)SYSTEM/MUFFLER/ I INITIAL ESIIN,ATE HSED ESAA I it NE'a Ff/FKHAUST PIPE - •\`.t`,l_ �"' TAMDAY ------------------- 1 PARTS PARTS BiJS1OwdF C(fiUl-RU AKE SE RYICE i er [f,N PERSON I LABOR��iil` LABOR XDUNG E VICE S O BY%/ONE (1 applkoble)TA% L SEE WARRANTY ON REVERSE SIDE A LABOR TOTAL •`� ��� �, (nd.lea if applicable) I T WORK AUTHCCWFD BY ... ]TY. DIV. STOCK NO. UNIT AMOUNT OF SALE DESCRj�"^,}� PRICE (CASH PRICE) Ali PARTS NEW!M[ESJS C+�HEXWISE ST�Ed I I I _. , F ) NOTICE TO OUR CALIFORItiLIIA CUSTOMERS A buyer of this product in California has --- — the right to have this product serviced or re0aired during the warranty period. The warranty period will be extended for the -- —f --= — --- ------ — - number of '.hole days that the product has been out of the buyer's hands for d.arrartty �— repairs. if a defect exists within the war- -;--- -- - —�-- _ --- -- ranty period, the warranty period will not expire until the defect has been fired. The warranty period will also be extended if TAX This purchase is made under my SearsCharge Account Security the warranty repairs have not been per- _ _ Agreement which is incorporated herein by reference.This sale I formed due to delays caused by circum- IS subject to the approval of the Credit Sales Department of stances beycnd the control of the buyC,-, Sears,Roebuck and Co. or if the wareanty repairs did not remedy --_,_ i-1—_ PltRi.FASFi,tlT r f E• _ _ the defect anct the bu .r n^'.ft?es t: Jr � — TOTAL AMOUNT dC .. 5 n *u — OF SALE INf X ----- manufictt_'rnr or,,!Ver of`,;c-f ilhure of th.? -- - ( This puichase is made under my Discover Cardnsec::er repairs vilth!'q E:) days after they %'.'ere DEPOSIT ; ; Ag Yr?ich ?s incorporated h^rein by reference and f COmp'l�t2d ►r 01!^r . re�SOn bi"n: m:;^r authorize F0 issuer to psy Sears. This sale Is sub ect to the of attempts,the defect has nct bean fixr�d, I approval of the Discover Card Credit Department.eAUNCE oP HASEDer P� the buyer may return this product for?re- ;� placement er a refivnd sE-blect, in E:'"7Or K case,to dcd=ten of a e son tL!^:;!,,�r^c SEARS, R0EBUC1K AND CO. s � ,i�,e a s,,. ;� KraFa Ti..•h Auto :1.11,.,- for usage. This: ' e;;Lcns;c;n d^��s t..,t Erma m ana()ament 'tet r-senrre tv�€ affect fhe protC;-ti ors or re.m,;dicrih -r r-no� h- Y hae nnrinr!YC n.E,�ar tsrrc a � t y a A VICE ^. Ae Lu 7 ( 2211 0' HA LCMEW. T W6 J mwfirATION AQP-1,446oq 5991938 t.5 ID Rr -r/ R T QTY, PRICE I AMOUNT (,� �c5rb`� �/� GAS a EM P�/URCHASER SIGN HERE OIL 0 X ' Z CURRENCY CONWR ION The fnm of do and WOW fiod od:b Id:a::Wind m pry to ATE RATE AMOUNT TAX d= "awd sho n u TOTAL umo>opr pn"tad".I prow"to f+Y :d+TOTAL(""W w:NY vow caro"thedwoI)W*d to 0 and 0 lcwdm"wI:IM Aorool"nt oowNno tM o"of Mh"N APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim NOTICE TO APPLICANT March 25 , 1986- 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 Goverment Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: County Counsel AHMAD EDRIS NOOR & NAHID NOOR Attorney: FEB 2 6 1986 1041 Mohr Lane, #A mattinez, CA 94553 Address: Concord, California 94520 From County Counsel Amount: $2, 000,000. 00 + By delivery to Clerk on February 25 , 1986 CERT P116936045 Date Received: February 25, 1986 By mail, postmarked on February 14, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted ApplicatIn to le Late Claim. DATED: Feb.:126, 1986 PHIL BATCHELOR, Clerk,, By IL Deputy Gerveiri Ii. FROM: County Counsel TO: Clerk of the Board of Supervisors The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late Claim (Section 911.6). DATED-.\— _&J, VICTOR WESTMAN, County Counsel 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: MAR 2 51986 PHIL BATCHELOR, Clerk, Byc 'IL Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Goverment Code -Section 945.4 (claims presentation requirement). See Goverment 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, �2u should do so Immediatel 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: MAR 2 51986 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 Vi CONTRA COSTA COUNTY County Counsel. HEALTH SERVICES DEPARTMENT FEB 2 4 1986 Martinez, CA 94553 To: Office of County Counsel Date: February 20, 1986 From: Mark Finucane ",la — Subject: CLAIM - Noor, Ahmad Edris and Health Services/Director Nahid Noor v. Contra l� Costa County Patient - Noor, Edris Ahmad CCCHS# 407576-8 Enclosed is a claim regarding the above named patient. This claim was received at Merrithew Memorial Hospital and delivered to the Utilization Review/Quality Assurance Department on February 20, 1986. SP Enclosure cc: County Adm. Office RECEIVED FEB as 1986 ►M SATCNf" C T COSTA ?K t �C�SUR A-41 3181 IVU C) 1 U w tya 1-f caS ter Ca6tw;y Al slo, T-41 �sCso �-th�.•nla��► /�-�'�' fCc.r%nS v IC rnact 4100.Ka,41Cj 11/uG, A/CC, CA U k!,," "a (f C)S 7`c+. (f/v c-. C)VFje 1f/4 �j rJ Cf YC/J �G n/7�YG CC.+ S/cjC, CSG O/o c RECEIVED 1 Ahmad and Nahid Noor 1041 Mohr Lane, #A FFB09' 1985 2 Concord, California 94520 nm e�reNe�oR al2Kn OFSURS3 Claimants AC ST, � 4 5 IN THE MATTER OF: ) APPLICATION FOR PERMISSION 6 ) TO FILE A CLAIM NOT TIMELY APPLICATION OF AKMAD NOOR and ) PRESENTED 7 NAHID NOOR for Permission to ) Present a Claim Not Timely ) 8 Presented to the COUNTY OF ) CONTRA COSTA AND THE CONTRA ) 9 COSTA COUNTY BOARD OF ) 10 SUPERVISORS ) 11 TO: THE COUNTY OF CONTRA COSTA AND THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS : 12 13 1 . This Petition is made on bahalf of AHMAD EDRIS NOOR 14 and NAHID NOOR to file a Late Claim under the provisions of 15 Section 911 . 4 and 911 . 6 of Government Code of the State of 16 California, against the COUNTY OF CONTRA COSTA and its governing 17 board, the CONTRA COSTA COUNTY BOARD OF SUPERVISORS, in connection 18 with a Claim for Damages arising out of negligent conduct 19 occurring from on or about September, 1984 through February 19, 20 1985. 21 2. The circumstances surrounding the reasons for the 22 request to file the claim at this time are set forth in the 23 Declaration of AHMAD EDRIS NOOR which is appended hereto. 24 3. This application and permission to file a claim not 25 timely presented is timely and proper in that it is done within a 26 reasonable time and is not later than one year from the date the 1 Petitioners were advised of the injuries and damages and the 2 attendant facts and circumstances thereof which are the subject of 3 this claim. 4 4 . As shown by the Declaration hereto attached, the 5 delay in presentation of the claim is not unreasonable, and the 6 COUNTY OF CONTRA COSTA and its governing board are not prejudiced 7 by claimant ' s failure to present the claim within the time 8 specified in Section 911 . 2 9 WHEREFORE, it is respectfully requested that the COUNTY 10 OF CONTRA COSTA and its governing board, the CONTRA COSTA COUNTY 11 BOARD OF SUPERVISORS, grant permission to claimants herein to 12 present their claim not previously presented and thereafter duly 13 consider the merits of said claim. 14 Dated: February 13, 1986 15 16 17 18 19 AHMAD EDRIS NOOR In Propria Persona 20 21 22 NAHID N 23 In Propria Persona 24 25 26 -2- 1 Ahmad Edris Noor Nahid Noor 2 1041 Mohr Lane, #A Concord, California 94520 3 Claimants 4 5 6 7 IN THE MATTER OF: ) DECLARATION OF AHMAD NOOR 8 APPLICATION OF AHMAD NOOR and ) NAHID NOOR for Permission to ) 9 to Present a Claim Not Timely ) Presented to THE COUNTY OF ) 10 OF CONTRA COSTA AND THE CONTRA) COSTA COUNTY BOARD OF ) 11 SUPERVISORS ) 12 I , AHMAD NOOR, declare: 13 1 . From on or about September, 1984 through October, 14 1984, and thereafter, I received medical care at the Contra Costa 15 County Hospital, Martinez , California for an ear infection and 16 related problems. After being discharged from the care of the 17 Contra Costa County physicians , on or about February 19 , 1985, I 18 became severely ill and was admitted to John Muir Hospital. A CT 19 brain scan performed at that time revealed that I had developed an 20 infection of the skull which extended into the brain, requiring 21 emergency surgery. 22 2 . Following the brain surgery, I was unconscious for 23 some time and thereafter, have been severely disabled as a 24 consequence of the injury and surgery. 25 3 . I had no reason to suspect at any time that I did 26 not receive standard medical care and practice from the Contra 1 Costa County Hospital medical staff or from others in the- care and 2 treatment of my infection and complicatons thereof. I never 3 questioned the physicians or other medical personnel regarding the 4 propriety, nature, or quality of the medical treatment rendered, 5 nor was I advised by any physicians concerning the propriety, 6 nature, or quality of the medical treatment received. 7 4 . I have no medical training am unfamiliar with 8 standard medical practice in the examination, diagnosis, 9 treatment, prescription of drugs and care of patients. I had no 10 reason to . believe until I sought the advise of counsel that I 11 should file a claim with respect to the facts and circumstances of 12 my care, and of the injuries sustained as a consequence thereof. 13 5. I first sought the assistance of counsel within 100 14 days of first learning that my brain injury may have been related 15 to the earlier care and management of my ear infection, and was 16 advised at that point that I should consider the medical facts and 17 circumstances surrounding my care. 18 6 . I was not aware of a potential connection between 19 the brain injury and my earlier medical care until I was so 20 advised by a physician in late, 1985. I first consulted with an 21 attorney shortly thereafter, on February 11, 1986, and have filed 22 this claim as soon as being advised by counsel of the potential 23 claim on by behalf and on behalf of my wife, Nahid Noor. I have 24 been advised that under the provisions of Government Code Section 25 911 . 4 a claim not otherwise timely presented may be presented to 26 the Board in circumstances such as these and I therefore make this -2- 1 Declaration in support of such request and ask that permission be 2 granted to file the late claim and thereafter to have my claim be 3 considered on its merits. 4 I declare under penalty of perjury that the foregoing is 5 true and correct. 6 Executed this day of February, 1986 , at 7 California. 8 9 10 rte, 12 AHMAD NOOR 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -3- Ahmad and Nahid Noor 1041 Mohr Lane, #A Concord, California 94520 Claimants CLAIM AGAINST THE COUNTY OF CONTRA COSTA AND ITS GOVERNING BODY, THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS TO: THE COUNTY OF CONTRA COSTA AND ITS GOVERNING BOARD, THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS: The following claim for damages is hereby made by Ahmad Edris Noor and Nahid Noor against you, and each of you, and the particulars of the claim are as follows: A. NAME AND ADDRESS OF CLAIMANTS : Ahmad Edris Noor Nahid Noor 1041 Mohr Lane, #A Concord, California 94520 B. THE ADDRESS TO WHICH NOTICES ARE TO BE SENT: Same as above C. AMOUNT OF CLAIM: $2, 000, 000. 00 general damages, plus special damages. D. DATE AND PLACE OF OCCURRENCE: From on or about September 1984 to October 1984 , claimant Ahmad Noor received medical care at the Contra Costa County Hospital; which resulted in injuries and damages sustained on or about February 19 , 1985, and continuing thereafter. E. OTHER CIRCUMSTANCES OF OCCURRENCE: That from on of about September, 1984 through October, 1984, and for a period of time thereafter, claimant Ahmad Noor consulted the Contra Costa County Hospital, its agents and employees, for the purpose of obtaining diagnosis and treatment for an infection of the ear, headache, pain, and other symptoms. That' the County of Contra Costa, its physicans and other medical personnel, undertook and agreed to diagnose and to care for and treat claimant and do all of the things necessary and proper in conneciton therewith, and said County of Contra Costa thereafter entered into such employment, individually and by and through their employees and agents. That the County of Contra Costa, in conjunction with others, were negligent and careless in and about said care , treatment and diagnosis, thereby proximately causing the injuries and damages herein alleged. That as a proximate result of the acts and omissions of the County of Contra Costa and its agents and employees, claimant ' s infection spread to the brain, causing claimant to become acutely ill and to require emergency surgery for the removal of necrotic brain tissue on or about February 19 , 19`85. Claimants did not know, nor had reason to know, that the medical care described hereinabove was negligent and otherwise careless and improper and that said care proximately caused the claimants ' injuries and damages until claimants first consulted an attorney in February, 1986. F. ITEMIZATION OF INJURIES As a direct and proximate result of the aforementioned matters, claimant Ahmad Noor has suffered permanent injuries and impairment of bodily function and injury, including, but not limited to permanent brain damage, cognitive deficits, memory loss, and other injuries, the full nature and extent which are not presently known. As a further direct and proximate result of the negligent acts, omissions and conduct of the County of Contra Costa and its agents and employees, claimant Nahid Noor, the lawful wife of claimant Ahmad Noor, suffered the loss of support, services, love, companionship, affection, society, sexual relations and other elements of consortium. -2- G. EMPLOYEES CAUSING INJURY AND DAMAGES Claimants do not know the identities of all agents and employees of the County of Contra Costa that caused said injuries and damages. Claimant ' s principal treating physican at the Contra Costa County Hospital was Doctor Arnold. H. NATURE AND EXTENT OF DAMAGES: The amount claimed as of the date of the presentation of this claim is $2, 000, 000. 00 representing general damages for personal injuries and loss of consortium, plus special damages according to proof. Dated: February 13, 1986 By AHMAD EDRIS NOOR By .=�C NAHID -3- APPLICATION TO FILE LATE MAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim NOTICE 70 APPLICANT March 25, 1986 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 Goverment Code.) given pursuant to Goverment Code Sections 911.8 and 915.4. Please note the "WARNING" below. County Counsel Claimant: FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION as MAR 0 3 1986 Receiver for San Marino Savings and Loan Association Attorney. Spurgeon E. Smith Law Offices of Tuttle & Taylor Martinez, CA 94553 Address: 609 South Grand Avenue From County Counsel Amount: Los Angeles, CA 90017 By delivery to Clerk on February 28, 1986 Equitable Indemnity Date Received: Feb. 28, 1986 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 FAle Late Qlain. 1 I> DATED: Feb. 28, 1986 PHIL BATCHELOR, Clerk, By TU & ( 1. -,. 0 0 -— - - -put y M cervalli 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 11.6). DATED; /0/ /�,56VICTOR WESTMAN, County Counsel, 7— y III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) This Application is granted (Section 911.6). (X) 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: MAR 2 51986 PHIL BATCHELOR, Clerk, By VN-4-v (�� -o Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Goverment Code Section 945.4 (claims presentation requirement). See Goverment 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, M should do so imm'ediately. 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: MAR 2 5 1986 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 EDWARD E.TUTTLE NANCY SHER COHEN TUTTLE ' pE TAYLOR ROBERT G.-TAYLOR KATHY TESTRAKE WALES INCORPORATED MERLIN W CALL WAYNE STEPHEN BRAVEMAN JOHN O.DETERMAN MARC L BROWN EDWARD W.TUTTLE PATRICK L SHREVE MICHAEL H.BIERMAN ATTORNEYS AT LAW (1977-1960) A.JAMES ROBERTS SUSAN L HOFFMAN FORTIETH FLOOR RAYMOND C.FISHER JEFFREY M.HAMERLING C.STEPHEN HOWARD ALAN D.SMITH 355 SOUTH GRAND AVENUE OF COUNSEL N.HUNT DALLAS FRANK E.MELTON MARK SCHAFFER DAVID B.BABBE LOS ANGELES, CALIFORNIA 90071-3101 JOSEPH D. MANDEL JOSEPH R.AUSTIN MARTIN L SMITH Y. PETER KIM C.DAVID ANDERSON GORDON A.GOLDSMITH TELEPHONE: (213)693-0600 MORTON M.WINSTO N' JEFFREY L M BONNIE SUN TELECOPIER: (213) 693-0225 ALAN E.FRIEDMAN EDMAN SPURGEON E SMITH Or HAROLD J.KWALWASSER JULIE FOX BLACKSHAW TWX: 910-321-3056 •Co VMK"NenIA I&ARION Y J.DEAN HELLER ANNE WASHBURN RONALD C.PETERSON DIANN H.KIM TIMI ANYON HALLEM PETER W.DEVEREAUX MERRICK J.BOBB ERIC G.LARDIERE WRITER'S DIRECT DIAL NUMBER: CHARLES L.WOLTMANN MARLA J.ASPINWALL ETH S. DOUGLAS W. STEINBECK BERG MARJORIE S. RANDEL DLORRIS EOESMA February 26, 1986 ROBERT S.STERN MARK PALLEY MILES N.RUTHBERG MERRITT DAVID FARREN MARK A.BORENSTEIN NANCY LEVENTHAL NANCY E.HOWARD KIMBERLY K.MARTEAU MARILYN CLARE MARC J.MANASON WENDY MUNGER County CQLnsel RECEIVED FEB z � Vicki J. Finucane FEBof 1986 Ma 1986 Deputy County Counsel rttdel Office of County Counsel ' GA 94553 Contra Costa Count F►+I(BATCHELOR Y IERK B " ( Stp VISORS P.O. - Box 69 R c RA cos 11 Martinez, California 94553 " Re: Claim for Equitable Indemnity by the Federal Savings and ,Loan Insurance Corporation as Receiver for San Marino Savings and Loan Association Dear Ms. Finucane: I am in receipt of your letter of December 26, 1985 responding to my letter of December 10, 1985 which resubmitted the above-referenced claim to the County. I am once again resubmitting the claim for the County' s consideration, -or, in the alternative, requesting that my December 10, 1985 letter be treated as an application to present a late claim pursuant to Government Code Section 911. 4. As I indicated in my letter of December 10, 1985, Government Code Section 911. 2 plainly states that the 100 day statute of limitations applies only to causes of action for "death or for injury to person or to personal property or growing crops. " Neither FSLIC' s claim nor the underlying cause of action falls within this category. The section further states that "any other cause of action shall be presented . . . not later than one year after the accrual of the cause of action. " (Emphasis added) FSLIC' s claim for equitable indemnity clearly falls within this category, and therefore is subject to the one year statute of limitations. Since under Section 901 a claim for equitable indemnity accrues �+ .;� TUTTLE & TAILOR INCORPORATED Vicki J. Finucane February 26, 1986 Page Two when the defendant is served with the complaint giving rise to the defendant' s claim, FSLIC' s claim was timely because it was filed within one year of December 11, 1984, the date it was served with the underlying complaint. The excerpt from the legislative history of Section 901 which you have attached to your letter is not inconsistent with the plain language of Section 911. 2. The legislative history merely states that the bill would provide, with respect to claims of equitable indemnity, that the 100 day limitation would begin to run when the defendant was served in the under- lying action. That is indeed the case, but the excerpt does not state that the 100 day period is the only applicable statute of limitations; rather, it simply fails to acknowledge the second sentence of Section 911.2 which sets forth a one year statute of limitations for causes of action other than for death, injury to person or to personal property or growing crops. But even if the language of the legislative history were inconsistent with the statute, which it is not, the plain language of Section 911. 2 would necessarily prevail. I would therefore respectfully request that the County accept FSLIC' s claim for equitable indemnity. However, should you continue to treat the claim as being filed late, I would request that my letter of December 10, 1985 be considered an application to present a late claim pursuant to Government Code Section 911. 4. That letter complies with the provisions of this section in that it was presented to the County within one year after the accrual of the cause of action, it sets forth the reason for the delay in presenting the claim (the plain language of Section 911. 2) , and attached the proposed claim. For your convenience, I have enclosed a copy of this letter together with its enclosures. Thank you for your consideration. Very truly yours, TUTTLE & TAYLOR By /C Sp rgeo E. Smith SES:sah Enclosures EDWARD NANCY E,HQW.�QD T U T T L E & TAYLOR ROBEPie�AfZ.'; MARtLYN CLARE INCORPORATED MERLIN W CALL WENI?Y MUNGER JOHN D.DETERMAN NANCY SHER COHEN ATTORNEYS AT LAW EDWARD W TuTTLE KATHY TcSTRAKE WALES PATRICK L SHREVE A.JAMES ROBERTS M WAYNE STEPHEN BRAVE14AN 609 SOUTH GRAND AVENUE (1877-1960) RAYMOND C.FISHER MARC L BROWN C.STEPHEN HOWARD MICHAEL H.BIERMAN LOS ANGELES,CALIFORNIA 90017 N.HUNT DALLAS SUSAN L HOFFMAN OF COUNSEL MARK SCHAFFER JEFFREY M. HAMERLING TELEPHONE!(213)683-0600 JOSEPH D. MANDEL JOSEPH R.AUSTIN ALAN M SMITH TELECOPIER:1213)683-0225 C. DAVID ANDERSON FRANK r_MELTON Y PETER KIM JEFFREY L GRAUSAM DAVID 6.&ABBE TWX:910-321-3OS6 ALAN E FRIEDMAN MARTIN L SMITH HAROLD J. KWALWASSER GORDON A GOLDSMITH J.DEAN HELLER BONNIE SUN RONALD C.PETERSON SPURGEON E.SMITH TtMI ANYONNALLEM BONNIE S.$tLAPPCP MERRICK J,0088 JULIE FOX BLACKSHAW CHARLES L WOLTMANN GEORGE G.SIZE MARJORIE S.STEINBERG ANNE WASHBURN DOUGLAS W BECK DIANN H�KIM ROBERT S.STERN MARL J.ASPINWALL MILES N. RUTHBERG BETH S.DORRIS December oRgCEIVED MARK BORENSTEIN RANOEL L LEIDESMA DEC's 1985 Board of Supervisors !2A CO A 0 of Contra Costa County P.O. Box 911 Martinez, CA 94553 Re: Claim for Equitable Indemnity by the Federal Savings and Loan Insurance Corporation as Receiver for San Marino Savings and Loan Association Sirs: Returned herewith is a claim for equitable indemnity against Contra Costa County submitted on November 27, 1985 on behalf of the Federal Savings and Loan Insurance Corporation as Receiver for San Marino Savings and Loan Association. The claim was returned by the County on December 5, 1985 on the ground that it was not presented within 100 days after the event or occurrence pursuant to Sections 901 and 911. 2 of the Government Code. I respectfully request your reconsideration of this claim because it was indeed timely filed pursuant to Government Code Sections 901 and 911.2. Under Government Code Section 901, a cause of action for equitable indemnity against the County accrues when- a defendant is served with the -complaint giving rise to the claim for equitable indemnity. The only claims which Section 911.2 require to be presented within 100 days after the accrual of the cause of action are those relating to causes of action for "death or for injury to personr to personal property or grow- ing crops. " A claim relating tE "any other cause of action" shall be presented within one year after its accrual. Since FSLIC's claim for equitable indemnity does not relate to a cause of action for death, injury to person or to personal property or to growing crops, it falls within the one year period provided by Section 911. 2. 1 havefenclosed copies of both sections 901 and 911. 2 .for your information. E & TAYLOR INCOPPOPATED Board of Supervisors of Contra Costa County December 10, 1985 Page Two FSLIC was served with a copy of the -summons and complaint in the underlying action on or about December 11, 1984, and you received the claim on or about December 2, 1985. The claim was therefore present'ed within one year from its occurrence and is timely under Government Code Section 911.2. Accordingly, 1 would appreciate your reconsideration of this claim in light of the foregoing. Please do not hesitate to contact me should you have any questions on this matter. Very truly yours, TUTTLE & TAYLOR By Spurgeon E Smith SES:ppr Enclosure ECWAR^. r Tv ITI(. NA Nt., C H^WAR[1 T U T T L E S TAYLOR G IAILOR MARILVN CLARI INC.O4T!-0AA1EO MI RLIN W CALL WLN11 -,­(A- C ,i (EH :(,1 C CEILRMAN' ,,A NC sIER -FI .L ATTORNEYS. AT LAW rownuo w TL^-. FA'R CK I !.w RE-VL .ATH, 1,5 t STRAKE W'AI E` (fa7 J'IU CeG A JAMES R08CRTS III WA1NE ST E—EN BRA':EMAN 609 SOUTH GRAND AVENUE RAYMOND C EIS HCR MARC L BROWN -__- C STERHCN HOWARD MICHAEL H. B•ERMAN LOS ANGELES, CALIFORNIA 90017 N HUNT DALLAS SUSAN L HOFFMAN OF COUNSEL. MARK $CHAFFER JEFFREY M HAMER,.ING TELEPHONE.(2131683-0600 JOSEPH D NIA JOSEPH R AUSTIN ALAN D SMITH 3 W L- C DAVID ANDERSON FRANK E MELTON TELECO PIER (213)68_ 0225 DETER K'IJ JEFFREY L GRAUSAM DAVID B BABBE TWX:910-321-3056 ALAN E FRIEDMAN MARTIN L SMITH HAROLD J KWALWASSER GORDON A GOLDSMITH J DEAN HELLER BONNIE SUN RONALD C.PETERSON SPURGEON E SMITH TIMI ANION HALLE" BONNIE S KLAPPER MERRICK J.BOBS JULIE FOX BLACKSHALV CHARLES L WOLTMANN GEORGE G SIZE MARJ ORIF S.STEINBERG ANNE WASHBURN DOUGLAS W.BECK DIANN H.NIM ROBERT S.STERN MARLA J.ASPINWALL MILES N.RUTMBERG BETH S DORRIS December 10 , 1985 MARK 4 80RENSTEIN RANDEL L LEDESMA Board of Supervisors of Contra Costa County P.O. Box 911 Martinez, CA 94553 Re: Claim for Equitable Indemnity by the Federal Savings and Loan Insurance Corporation as Receiver for San Marino Savings and Loan Association Sirs: Returned herewith is a claim for equitable indemnity against Contra Costa County submitted on November 27 , 1985 on behalf of the Federal Savings and Loan Insurance Corporation as Receiver for San Marino Savings and Loan Association. The claim was returned by the County on December 5, 1985 on the ground that it was not presented within 100 days after the event or occurrence pursuant to Sections 901 and 911. 2 of the Government Code. I respectfully request your reconsideration of this claim because it was indeed timely filed pursuant to Government Code Sections 901 and 911. 2 . Under Government Code Section 901, a cause of action for equitable indemnity against the County accrues when a defendant is served with the complaint giving rise to the claim for equitable indemnity. The only. claims which Section 911. 2 require to be presented within 100 days after the accrual of the cause of action are those relating to causes of action for "death or for injury to person or to personal property or grow- ing crops. " A claim relating to "any other cause of action" shall be presented within one year after its accrual. Since FSLIC's claim for equitable indemnity does not relate to a cause of action for death, injury to person or to personal property or to growing crops, it falls within the one year period provided by Section 911.2. I have enclosed copies of both sections 901 and 911.2 for your information. TUTTLE & TAYLOR ,rpt rr.r�pn•CD r . Board of -Supervisors of Contra Costa County December 10 , 1985 Page Two j FSLIC was served with a copy of the summons and complaint in the underlying action on or about December 11 , 1984 , and you received the claim on or about December 2 , 1985. The claim was therefore presented within one year from its occurrence and is timely under Government Code Section 911. 2 . Accordingly, I would appreciate your reconsideration of this claim in light of` the foregoing. Please do not hesitate to contact me should you have any questions on this matter. Very truly yours , TUTTLE & TAYLOR � c By Spurgeon E. Smith SES:ppr Enclosure ifill 1N GENERAL §901 the " Cal Digest of Official Reports 3d Series, Government Tort Liability § 16. 113. 9 Cal Practice, Action for Reward §76:2. ria 14 Cal Practice, Action for Damages for Wrongful Search and Seizure §§238:9, s to 238:11. ental . 17 Cal Practice, Model Action Under California Tort Claims Act §§319:22, 319:38, 113. r 319:40. Calif.Government Tort Liability Practice (CEB. 1980)§5.13. Law Review Articks: ..;* Claims against a California governmental entity or employee. 6 Southwestern U LR 550. ASM Attorney General's Opinions: cal 56 Ops Atty Gen 411 (authority of governing boards of several school districts to .; combine funds for payment of workmen's compensation claims). .•r_ NOTES OF DECISIONS Hospital district is local public entity. Dias v Eden "local public entity"under§700.Tyhurst v Hous- Township Hospital Dist. (1962) 57 C2d 502, 20 ing Authority Los Angeles County (1963) 213 Cal Rptr 630,370 Ptd 334. CA2d 715,29 Cal Rptr 239. County housing authority fell within definition of §900.6. "State" "State" means the State and any office, officer, department, division, bureau, board, commission or agency of the State claims against i which are paid by warrants drawn by the Controller. Added Stats 1963 ch 1715 § 1. Prior Law: Former§700,as added by Stats 1959 ch 1724 § 1. j Law Revision Commission Comment: See the comment to Section 900.4 Collateral References: l i Witkin Procedure 2d p 1012. 35 Cal Jur 3d Government Tort Liability §73. Cal Digest of Official Reports 3d Series, Government Tort Liability § 16. 9 Cal Practice, Action for Reward §76:2. 14 Cal Practice. Action for Damages for Wrongful Search and Seizure §§238:9, j 238:11. 17 Cal Practice. Model Action Under California Tort Claims Act §§319:22, 319:38, ti )r- 319:40. I j; liC Calif.Government Tort Liability Practice(CEB. 1980)§5.12. f Law Review Articles: i Claims against a California governmental entity or employee.(1974)6 SW LR 550. } §902. Date of accrual of cause of faction in determining time for } presenting claim For the purpose of computing the time limits prescribed by Sections 911.2, 911.4, 912, and 945.6, the date of the accrual of a cause of r action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the 389 a : _-.a IT §901 CLAIMS AGAINST PUBLIC ENTITIES Statute of limitations which would be applicable thereto if there were no requirement that a claim be presented to and be acted upon by the public entity before an action could be commenced thereon. However, the date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a �* defendant is served with the complaint giving rise to the defendant's claim for equitable indemnity or partial equitable indemnity against -. the public entity. Added Stats 1963 ch 1715 § 1; Amended Stats 1968 ch 134 § 1; Stats 1981 ch 856 § 1. Prior Law:Former §715 2d par, as added by Stats 1959 ch 1724 § 1. Amendments: 1968 Amendment:(1)Deleted "and"after-911.4,";and(2)added ",and 945.6". 1981 Amendment:Added the second sentence. Law Revision Commission Comment: 1963 Addition—This section is based on the second paragraph of Government Code Section 715, which applies to claims against local public entities. There is no existing comparable statutory provision that applies to claims against the State. Collateral References: Witkin Procedure 2d pp 1018, 1201. Cal Jur 3d Contribution and Indemnification §84, Eminent Domain §330, Govern- ment Tort Liability §76, Municipalities§389. Cal Digest of Official Reports 3d Series, Government Tort Liability § 16. 9 Cal Practice,Action for Reward §76:2. 14 Cal Practice, Action for Damages for Wrongful Search and Seizure §§238:9, 238:11. 17 Cal Practice, Model Action Under California Tort Claims Act §§319:22, 319:38, 319:40, 319:44. Calif. Government Tort Liability Practice(CEB, 1980) §§5.35, 5.53. 56 Am Jur 2d Municipal Corporations, Counties, and Other Political Subdivisions §692. Lain Review Articles: Review of 1981 Legislation. 13 Pac LJ 613. Annotations: Effect of death as result of injury on requirement of notice against city or other subordinate unit, 51 ALR2d 1128. NOTES OF DECISIONS The tiling and rejection of a claim are merely hoard and application was made to present a late conditions that have been attached to the right or claim in the twelfth month following the death; condition to commence and maintain an action the right to present the claim was not barred, nor against the state,and have no bearing on the date had the limitations' statute run. Tammen c San the cause of action arises or accrues. Frost v State Diego County (1967) 66 C2d 468, 58 Cal Rptr (1966)247 CA2d 378,55 Cal Rptr 652. 249,426 Ptd 753. A widow and minor's claims against a county for In a wrongful death suit, motions for summary an alleged wrongful,death that occurred February judgment by the State and a city were property 18, 1963,was governed by the 1963 ton claims act granted against plaintiff,as daughter and executrix (Gov Code, §§goo et seq.), and were deemed to of the deceased, where she never filed any claim accrue on September 20, 1963, under 1152. subd with the State, as she was'required to do under (c),of the act where the claims were not presented Go. Code. §§641, 644, and where, although the within 100 days but were presented to the county actions out of which the action arose occurred on ` 390 , S M PRESENTATION OF CLAIMS §911.2 which the person presenting the claim desires notices to be sent or an address of the claimant. , Added Stats 1963 ch 1715 § 1. Prior Law: Former §7I3, as added by Stats 1959 ch 1724 § 1. Law Revision Commission Comment: This section is the same as Government Code Section 713, which applies to local public entities. No comparable statutory provision now exists with respect to claims against the State. F Collateral References: S, Witkin Procedure 2d p 1027. Cal Jur 3d Government Tort Liability §81, Municipalities §391. Cal Digest of Official Reports 3d Series, Government Tort Liability § 17. ! i 17 Cal Practice, Model Action Under California Tort Claims Act §319:49. Calif. Government Tort Liability Practice(CEH, 1980) §§5.26, 5.45, 5.46, 5.68. ; 56 Am Jur 2d Municipal Corporations, Counties, and Other Political Subdivisions §§802, 803. ' Law Review Arttcks: I Claims against a California governmental entity or employee. (1974) 6 Southwestern U LR 550. I Analysis of the constitutionality of California's scheme for suing the government in ' tort. (1974) 8 USF LR 611. NOTES OF DECISIONS A letter from an attorney to a sanitation district of invoking the provisions of Gov Code, 1910.8. employee,a copy of which was sent to the sanita. requiring a claimant to be notified of the insuffi- tion district, advising the employee of plaintiffs ciency of a claim, and the district's failure to give name, the date and place of the accident, and such notice constituted a waiver of the defense of asking the employee, if insured, to forward the the insufficiency of the claim under the provisions letter to his insurer, otherwise to contact the of Gov Code,§911. Foster v McFadden(1973)30 attorney immediately, was a claim for the purpose CAM 943, 106 Cal Rptr 685. § 911.2. Times for presentment of claims A claim relating to a cause of action for death or for injury to person fi- or to personal property or growing crops shall be presented as t provided in Article 2 (commencing with Section 915) of this chapter ,s not later than the 100th day after the accrual of the cause of action. { A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) of this chapter 1 not later than one year after the accrual of the cause of action. 1 Added Stats 1963 ch 1715 § 1. } t Prior Law: ; (a)Former§§643, 644,as added by Stats 1959 ch 1715 §2. r (b)Former§715 1st par,as added by Stats 1959 ch 1724 § 1. (c)Former§§ 16043, 16044,as added by Stats 1945 ch 119§2 p 512. 1 (d) Former Pol C §688 2d par, as added by Stats 1929 ch 516 §3 p 891, amended by Stats 1931 ch 325 115 p 849,Stats 1933 ch 886 § I p 2290. l (e)Former Pot C§688.1. as added by Stats 1941 ch 982 § 1 p 2618. 417 i I '. i ECWAR,^ E ' ^LE NA.CY E HOWARn T U T T L E b TAYLOR ROBF.RI C. TA`.OR MARILYN CLA-L INC,C)RPC�RATCU MFRLIN N CA.L WtWDv MONGER JOHNC CE'ERMAN NANCY SHER CC»EN ATTORNEYS AT LAW EDWARD I,. PATRICK L C C_ryE KATHY It STRAYE NA-F' A JAMES RCBERTS M WAYNE STEPHEN BRA,L­N 609 SOUTH GRAND AVENUE 0877-19EC RAYMON:C F.SHER MARC L BROWN C STEPHEN.-OAARO MICHAEL H BIEPMAN LOS ANGELES. CALIFORNIA 90017 IN HUNT CAL,AS SUSAN L HOFFMA% OF COUNSE. MARK SC-AFFER JEFFREY M HA.EQLI 11 TELEPHONE.1213)683-0600 JOSEPH R A„STIN ALAN O.SMITH JOSEPH D. MA\� C.DAVIC ANDERSON FRANK E MELTON I TELECOPIER (213)683-0225 Y. PETER K-,' JEFFREY L GRAUSAM - DAVID B BABBE TWX.910-321-3056 ALAN E FR:ECMAN MARTIN L SMITH HAROLD J KWALWASSER GORDON A GOLDSMITH J.DEAN-ELLER BONNIE SUN RONALD C.PETERSON SPURGEON E.SMITH TIMI ANYON-ALLEM BONNIE S. KLAPPER MERRICK J. BOBB JULIE FOX BLACKSHAA CHARLES L WCLTMANN GEORGE G. SIZE MARJORIE S STEINBERG ANNE WASHBURN DOUGLAS W. BECK DIANN H.KIM ROBERT S STERN MARLA J.ASPINWALL MILES N.RJTHBEPG BETH S.DORRIS MARK A BORENSTEIN RANDEL L LEDESMA November 27 , 1985 CERTIFIED MAIL RETURN RECEIPT REQUESTED Clerk of the Board . Board of Supervisors of Contra Costa County P.O. Box 911 Martinez, CA 94553 Re: Claim for Equitable Indemnity Dear Sir: Enclosed for filing with the County of Contra Costa is a claim for equitable indemnity submitted by the Federal Savings and Loan Insurance Corporation as Receiver for San Marino Savings and Loan Association. I would appreciate your returning a stamped conformed copy of the first page of the claim. A stamped self-addressed envelope is provided for this purpose. Thank you for your cooperation in this matter. Very truly yours , TUTTLE & TAYLOR B Y >; Spurgeon E. Smith J SES:ppr Enclosure 1 SPURGEON- E. SMITH • LAW OFFICES 2 TUTTLE a TAYLOR INCORPORATED 3 SOB SOUTH GRAND AVENUE LOS ANGELES, CALIFORNIA 00017 f 4 12131 683-0600 5 Attorneys for Claimant Federal Savings and Loan Insurance RECEIVED 6 Corporation as Receiver for San Marino Savings and Loan DEC a 1985 7 Association P"K CATCMEI01 g If**a It Of sU v1SOn C TQA COSI o 9 10 11 FEDERAL SAVINGS AND LOAN INSURANCE ) CLAIM FOR EQUITABLE 12 CORPORATION AS RECEIVER FOR SAN ) INDEMNITY MARINO SAVINGS AND LOAN ASSOCIATION ) 13 ) VS . ) 14 ) COUNTY OF CONTRA COSTA, CALIFORNIA ) 15 ) 16 17 18 TO THE COUNTY OF CONTRA COSTA, CALIFORNIA: 19 20 YOU ARE HEREBY NOTIFIED that the Federal Savings and 21 Loan Insurance Corporation as Receiver for San Marino Savings 22 and Loan Association ( "Claimant" ) , hereby asserts a claim for 23 equitable indemnity against the County of Contra Costa, 24 California (the "County" ) . The claim is based upon the 25 following facts and circumstances : i 26 27 ':, 1 . The Federal Savings and Loan Insurance 28 Corporation ( "FSLIC" ) is a federal agency organized pursuant to i 1 Chapter IV of the National Housing Act , as amended. 12 U. S . C . 2 1724-1730f . Its address is 1700 G Street , N.W. , Washington, 3 D.C. 20552 . Prior to December 6 , 1984 , San Marino Savings and 4 Loan -Association ( ''San Marino" ) was a California chartered 5 stock savings and loan association, the accounts of which were 6 insured by FSLIC. On February 3 , 1984 , FSLIC took possession 7 of the assets and property of San Marino as its sole 8 conservator . On December 6, 1984 , the Federal Home Loan Bank 9 Board replaced FSLIC as conservator for San Marino by FSLIC as 10 Receiver for San Marino. 11 12 2 . At all times relevant to this claim, San Marino 13 . or Claimant was the owner of certain real property located in 14 the City of Walnut Creek, County of Contra Costa, State of 15 California, improved with a single-family residence and 16commonly known as 1377 Rudgear Road (the "Property" ) . The 17 property was sold by Claimant in 1985 . 18 19 " 3 . On or about December 11 , 1984 , Claimant was 20 served with a Summons and Complaint in an action entitled 21 Sawley v. San Marino Savings and Loan Association, et al . , 22 Contra Costa County Superior Court Case No. 265880 (the "Sawley 23 Action" ) . A copy of the Summons and Complaint is attached 24 hereto as Exhibit A. The plaintiffs in the Sawley Action 25 ; allege that they are the owners of certain real property 26 ' commonly . known as 1383 Rudgear Road, which adjoins the 27 Property. Their complaint seeks mandatory injunctive relief 28 , and damages allegedly arising out of a landslide on the TUTTLE & TAYLOR INC ONPON ATE 0 -2- I Property in 1983 . The complaint further alleges. that the value 2 of the plaintiffs ' property has been diminished by an amount in 3 excess of $25 , 000 . 00 , and seeks unspecified repair and punitive 4 damages , costs) of shit and such other relief as the court may 5 deem proper . 6 7 4 . On or about February 4 , 1985, Claimant filed a 8 General Denial to the complaint in the Sawley Action. A copy 9 of this General Denial is attached hereto as Exhibit B. 10 11 5. At various times in 1984 and 1985, Crum and 12 Forster , an insurer under a certain policy of insurance issued 13 to Claimant ' s predecessor in interest to the Property, made 14 payments on Claimant ' s behalf to repair the Property. Claimant 15 is informed and believes, and on that basis alleges , that such t6 payments may have reduced any potential liability by Claimant 17 to the plaintiffs in the Sawley Action. 18 ; 19 6 . Claimant expressly denies the plaintiffs ' 20 allegations in the Sawley Action. However , if the plaintiffs 21 in the Sawley Action sustained any damages as alleged in their 22 complaint , Claimant is informed and believes , and on that basis 23 alleges, that such damages were caused entirely by the conduct 24 ; of the County by reason of the following: 25 ;' .26 ;: a. On a date- or dates unknown to Claimant, the 27 County made plans and designs and undertook to repair and 28 -- I TUTTLE & TAYLOR INCORPORATED -3- 1 remedy earth "movement problems on the Property and/or on 2 neighboring land . 3 4 b . Sflch plans and designs , and the work carried 5 out thereunder , were defective and faulty in that they 6 undermined, destabilized and/or removed lateral support from 7 the Property and/or neighboring land, and thereby proximately 8 caused or contributed to the damage alleged in the Sawley 9 Action. 10 11 7 . If Claimant is found to be liable to the 12 plaintiffs in .the Sawley Action, then Claimant is entitled to 13 full and equitable indemnity from the County. Accordingly, the 14 County is obligated to fully indemnify Claimant for any sums 15 , which Claimant may be compelled to pay as. a result of any 16 : liability, damages, judgment, settlement or other awards 17 recovered by the Sawley plaintiffs , all attorney' s fees and t8 . costs expended by Claimant in defending that action-, and any 19 expense or liability incurred by Claimant as a result of the 20 County' s negligent , wrongful or otherwise culpable conduct . 21 Inasmuch as there has not yet been a judgment in the Sawley 22 Action, the exact amount of the County' s obligation of 23 " equitable indemnity. is unknown at this time. 24 ;! l 25 ; 8 . This claim for equitable indemnity is timely i. i .26brought pursuant to California Government Code Sections 901 and 271i 911 .2, in that it is asserted within one year after Claimant I 28 . was served .with the complaint giving rise to the claim. TUTTLE e TAYLOR I' INC On ORA T 90 —4— 9 . The name or names of the public employee or 2 employees causing the injuries, damage, or loss as alleged in 3 the Sawley Action are unknown to Claimant . 4 . 5 All notices or other communication with regard to this 6 claim should be sent to Claimant ' s attorney at the following 7 address : 8 ' 9 Spurgeon E. Smith Tuttle & Taylor Incorporated 10 609 South Grand Avenue Los Angeles, California 90017 11 Telephone Number : (213 ) 683-0600 12 13 DATED: November 26 , 1985 . 14 15 TUTTLE & TAYLOR Incorporated 16 17 By 18 ` SgKJRGEON E. SMIT14 Attorneys for Claimant Federal 19 Savings and Loan Insurance Corporation as Receiver for San 20 Marino Savings and Loan Association 21 22 : 23 24 25 i� .26 i E 27 28 TUTTLE a TAYLOR INCORPORATED -5- SUMMONS (C/TAC/ON JUDICIAL) DEC 11 -1 Pool cou"ust 00vir NOTICE TO•DEFENDANT- (Aviso a Acusado) ($040 0404 410 Of JA C040M SAN MARINO SAVINGS AND LOAN ASSOCIATION, SAN MARINO SERVICES INC. , a California corporation, WELLS FARGO BANK, DOES I through X, Inclusive YOU ARE BEING SUED BY PLAINTIFF: (A Vd. le estJ demandando) CLIFFORD 0. SAWLEY, and NANCY ANN SAWLEY, You have 30 CALENDAR DAYS after this sum- Despu0s de que le entreguen esta citaci6n judicial usted mons Is served on you to file a typewritten re- tiene un plazo de 30 DIAS CALENDARIOS para presentar sponse at this Court. una respuesta escrita a mJquina en esU come. A letter or phone call will not protect you; your Una carta o una Ramada telef6nica no It ofreceri typewritten response must be In proper legal protecd6n; su respuesta escrita a mJquina tient que form If you want the court to hear your case. cumptir con las formalidades legiles aptrIpiadas si usted If you do not file your response on time,you may quiere que/a corte escuche su cases lose the case, and your wages, money and pro- Si usted no presenta su respuesta a tiempo, puede penler perty may be taken without further warning from el case y le pueden quitar su salatid,su dinero y otras cosas the court. de su propiedad sin aviso adicional por parte de la corse. There are other legal requirements. You may Existen otros requisitos legalm Puede que usted quiera want to call an attorney right away.If you do not hamar a un abogado inmediatamente. Si no conoce a un know an attorney,you may call an attorney refer- abogada puede hamar a un servicio de referencia de ral service or a legal aid office(listed In the phone abogados a a una oficina de ayuda legal(vw el dimdorio book). tefef6nicv). CASE NUMUOL (1voom Aw C"D) The name and address of the court is: (El nombre y direcci6n de la torte es) 265880 SUPERIOR COURT OF CALIFORNIA, COUNTY OF C13NTRA C093TA $MEET ADMSS 725 Court Street it"WO ADMS& P. 0. Box 911 CITY AND ZIP CODE Martin.ez, California 94553 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y el n0mero de telftno del abogado del demandante, o del demandante que no liene abogado, est SONI LEIGHTON LAW OFFICES OF MICHAEL D. NELSON 417 Front Street Danville, CA 94526 (415) 837-8019 J. R. OLSSON--- DATE: NOV 1 5 1984 Clerk, by Deputy ffircha) (Actuario) (Delepdoil PLAW NOTICE TO THE PERSON SERVED: You are served an individual defendant. 2. Q as the person sued under the fictitious name of ($p&cify): 3. 1,10 SAVINGS AND LOA14 ASSOCIAT on behalf of OPO&Y): SAN MARII INC. under: Q CCP 416.104corporation) CCP 416.60 (minor) CCP 416-20 (defunct corporation) R CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (individual) other: 4. by personal delivery on (date/: h Adopted or ftv*962 (See ewwas fat Proof of Senrl") Jodie_Wl UUMI Of C&OWNS 062tal(S)lRft Jvrj" 1. 19841 C20 10M 1-84 SUMMONS FYWIRIT A 1 SONI LEIGHTON LAW OFFICES OF MICHAEL D. NELSON , INC. 2 A Professional Corporation � 417 Front Street c. .10, (; 3 Danville , California 94526 �ra':iA Telephone (415) 837-8019 4 �+ Attorney for Plaintiff 5 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 CLIFFORD 0. SAWLEY, and NANCY ] 11 ANN SAWLEY, ] 265660 ] Case No. 12 Plaintiffs , ] ] COMPLAINT FOR NUISANCE, 13 vs. ] MANDATORY INJUNCTIVE RELIEF, ] AND FOR DAMAGES 14 SAN MARINO SAVINGS AND LOAN ] ASSOCIATIONSAN MARINO SERVICES] 15 INC. , a California corporation, ] WELLS FARGO BANK, DOES I ] 16 through X, Inclusive, 17 Defendants. ] ] 18 Plaintiffs allege: 19 1 20 Plaintiffs are, 'and at all times herein mentioned were residents 21 of Santa Cruz County, State of California and at all times 22 herein mentioned were and are the owners of real property 23 situated in the County of Contra Costa, State of California, 24 more particularly described and commonly known as 1383 Rudgear 25 Road, Walnut Creek, California. 26 2 27 Defendant, SAN MARINO SAVINGS AND LOAN ASSOCIATION is , 28 -1- CVUIDiT A 1 and was acting within the course and scope of said agency and/or 2 employment. 3 THAT eachiDefendant with full knowledge and advise 4 expressly and impliedly ratified the acts of each other 5 Defendant in all respects and adopted as his own acts the acts 6 of the other Defendants and each of them as set forth in detail 7 hereinafter. 8 6 9 At all times herein mentioned, defendants, and each of 10 them, have been, and/or now are the owners and successors in 11 interest and holder of liens , managers , operators and/or 12 trustees of the premises located at 1377 Rudgear Road, Walnut 13 Creek, California consisting of a lot and residential building. 14 7 15 Plaintiffs' property hereinabove described and the 16 property of defendants , and each of them, described hereinabove, 17 are adjoining properties , with defendants' property being 'Uphill 18 from that of plaintiffs ' . 19 8 20 At all times herein mentioned, and since on or about 21 April of 1983, defendants SAN MARINO SAVINGS ASSOCIATION and SAN 22 MARINO SERVICES INC. , and WELLS FARGO BANK and each of them, 23 have maintained, controlled, used, and managed said premises in 24 such a_manner as to constitute a continuing private nuisance, in 25 that on .or about April, 1983 a massive slide occurred on said 26 lot causing the drive-way and road access to give way and 27 collapse; that said hillside is continuing to suffer from soil 28 1 creep and erosion ; that said lot has had and continues to have inadequate and improper drainage resulting in water saturating 3 said hillside which, contributes to and worsens the stability of 4 the hillside and slope. 5 9 6 Said maintenance, control , use and management of said 7 property of defendants, and each of them, constitutes a nuisance 8 within the meaning of , Section 3479 of the California Civil Code, 9 in that Plaintiffs ' free use and enjoyment of plaintiffs ' 10 property is substantially impaired and obstructed in that the 11 hillside is unstable and inadequate to support residential 12 dwellings, plaintiffs' driveway and residence has and continues 13 to have its subjacent 'and lateral support undermined, sloughing 14 and erosion is occurring and continues to occur to plaintiffs' 15 property, and plaintiffs ' residence and lot are seriously 16 threatened with irreparable injury from further massive 17 landslides and movement. 18 10 19 Within the past year prior to the filing of this 20 lawsuit, plaintiffs gave notice to defendants , and each of them, 21 of the damage caused by said nuisance, and requested the 22 abatement. thereoft but defendants SAN MARINO SAVINGS AND LOAN 23 ASSOCIATION, SAN MARINO SERVICES INC. and WELLS FARGO BANK, and 24 each of them, have refused, and continue to refuse to abate said 25 nuisance. 26 11 27 As a proximate result of said nuisance, plaintiffs have 28 -4- 1 been, -and will be , damaged in the following particulars : 2 a. ) Plaintiffs property has suffered earth movement 3 and slides on a portion of plaintiffs ' property; 4 b. ) Plaintiffs driveway and residence has lost 5 subjacent and lateral support so that the residence and lot are 6 not adequately stable to support said residence ; 7 c. ) Plaintiffs ' property has been and will continue to 8 be inundated with water flow across and through said soil 9 thereby causing the hillside to become saturated to the point of 10 weakening said soil thus causing further massive slides and 11 erosion of said hillside; 12 As a result of said nuisance , the value of plaintiffs ' . 13 property has been diminished by an amount in excess of 14 $25,000.00; unless said nuisance is abated, plaintiffs ' property 15 will be progressively further diminished in value in an amount 16 to be ascertained. When such total amount of diminution in 17 value is ascertained, plaintiffs ' will amend their complaint 18 accordingly. 19 Plaintiffs ' property has additionally been damaged by -, 20 the diminution in rental value in an amount to be determined 21 when said amount is ascertained , plaintiffs will amend this 22 complaint accordingly. 23 Further, the reasonable cost of repairs and damages to 24 plaintiffs' property caused by said nuisance, after the 25 abatement thereof, is in an amount not yet ascertained. When 26 such is ascertained, plaintiffs will amend their complaint 27 accordingly. 28 -5- 1 12 2 Unless defendants , and each of them, are restrained by 3 order of this Court it will be necessary for plaintiffs to 4 commence many successive actions against defendants to secure 5 compensation for damages sustained , thus requiring a 6 multiplicity of suits , and plaintiffs will be daily threatened 'I with loss by massive landslides and water flow of a part or all 8 of the lot and residence on their property. 9 13 10 Unless defendants, and each of them, are enjoined from 11 continuing their course of conduct , plaintiffs will be 12 irreparable injured in an amount which cannot be calculated in 13 termsofmoney in the following respects : 14 a. The usefulness and economic value of said property 15 will be substantially diminished and efforts of plaintiff to 16 sell or lease said property will be without avail ; and 17 b. Plaintiff will be deprived to a substantial extent 18 of the use and occupancy of said property. 19 14 20 Plaintiffs have - no plain, speedy, or adequate remedy at 21 law, and injunctive relief is expressly authorized by Section 22 731(a) of the Code of Civil Procedure. 23 15 24 In maintaining, controlling, using and managing 25 property in such a way as to continue 'the nuisance, defendants, 26 and each of them, are acting with full knowledge of the . 27 consequences thereof and the damage being caused to plaintiff, 28 1 and Their conduct is willful , oppressive, and malicious ; 2 accordingly plaintiffs are entitled to punitive damages against- 3 said defendants , ar),d each of them, in a sum to be determined at 4 the discretion of the .court . 5 WHEREFORE, plaintiffs pray judgment against defendants, 6 and each of them as follows: 7 1 . For a permanent injunction, declaring that said 8 massive slide and inadequate drainage and water flow constitutes 9 a private nuisance to these plaintiffs ; and 10 2. That defendants , and each of them be ordered to 11 abate said nuisance by adequately and properly engineering the 12 repair of said slide and drainage so that said hillside and lot 13 are stabalized. 14 3. For repair damages against defendants , and each of 15 them in a sum according to proof; 16 4. For diminution damages according to proof; 17 5. For punitive damages in a sum to be at the 16 discretion of the court 19 6. For costs of suit herein incurred; 20 7. For such. other and further relief as the Court may 21 deem proper. 22 Dated: October 31 , 1984 23 LAW OFFICES MICHAEL D. NELSON 24 25 SOMI LEIGHTON 26 27 28 . A . NAME AND ADDRESS OF ATTORNEY TELEPH6NE.213/683-0600 FOR COUR t!USE ONLY (OR DEFENDANT WITHOUT ATTORNEY) ' MERRICK J. BOBB; SPURGEON E. SOUTH Li ` TUT LE & TAYLOR Incorporated 609 South Grand Avenue, LAS Angeles, CA 90017 ATTORNEY FOR Federal Savings and Loan Insurance Corporation as _ • ar ;� n TTIgs an socia ion Name of court.bent ,lutl�uai d stnct,ruff,np an�.free a rasa. Superior Court of California, County of Contra Costa 725 Court Street P.O. Box 911 -Martinez, CA PLAINTIFF: . !a�'ir�J CLIFFORD O. SAWLEY, and NANCY ANN SAWLE'Y *"t� c .tr.Fi EN DEFENDANT: SAN MARINO SAVINGS AND LOAN ASSOCIATION, et al. CASE NUMBER: GENERAL DENIAL 265880 THIS GENERAL DENIAL MAY BE USED ONLY WHERE THE COMPLAINT IS UNVERIFIED OR WHERE THE COMPLAINT IS VERIFIED BUT THE DEMAND OR VALUE OF THE PROPERTY IN CONTROVERSY DOES NOT EXCEED$1,000. Federal Savings and Loan Insurance Corporation as Receiver 1. Defendant(Name): for San Marino Savings and Loan Association generally denies each and every allegation of plaintiff's complaint. 2. Defendant asserts the following affirmative defenses(Set forth briefly the facts constituting each separate affirmative defense(See item 3a).Attach additional pages it necessary.): See attached page. TU'ITIE & TAYLOR Incorporated MERRICK J. BOBB SPURGEON E. SMITH By AjAw SPURGEON E. SMTTu; Attorneys for Federal Savings and Loan Insurance Corporation as Receiver for San Marino Savings and Loan Dated: February 1., 19 8 5 p ssari at-,an Signature of defendant NOTICES TO DEFENDANT 3a. An affirmative defense is new matter constituting a defense to plaintiff's claim which must be stated in defendant's response. New matter is generally some fact or facts which would prevent the plaintiff from obtaining a judgment against you even if all of plaintiff's factual claims were proven to be true. Affirmative defenses recognized by law are of many kinds, such as self-defense, privilege, lack of capacity to sue, statute of limitations, and discharge •of the debt by payment. b. If you have a claim for damages or other relief against the plaintiff, the law may require that your claim be set forth in a separate pleading called a cross-complaint or your claim may be forever barred. (See Code of Civil Procedure Sections 426.10-426.40.) The original of this General Denial must be filed in this court with proof that a copy was served on each plaintiff's attorney and on 08th plaint" not represented by an attorney. 76G187•Cl•176• PS Form Adopted by Rule 982 of the Judicial Council of Cahtornia CCP 491•S0.191.40 Eftaetivo.tanusm 1.1976 - GENERAL DENIAL M i P jY k I GENERAL DEN I 1L 2 3 Clifford O. Sawley , et al . v. San Marino Savings and Loan Association, et al. , Contra Costa County Superior Court No. 265130 4 5 AFFIRMATIVE DEFENSES 6 7 i) As and for a first affirmative defense, defendar. 8 alleges that the complaint fails to state a claim on which relief 9 may be granted. 10 11 ii) As and for a second affirmative defense, defendant 12 alleges that the Court lacks subject matter jurisdiction of this 13 action against a federally insured savings and loan association. 14 in receivership. 12 U.S.C. §§ 1464 , 1729; 12 C.F.R. § 549. 15 16 iii) As and for a third affirmative defense, defendant 17 alleges that plaintiffs have failed to exhaust their administrativ 18 remedies. 19 20 iv) As and for a fourth affirmative defense, defendant 21 alleges that this action is barred by the doctrine of !aches. 22 23 v) As and for a fifth affirmative defense, defendant 24 alleges that this action is barred by .the doctrine of unclean 25 hands. 26 27 28 VERIFICATION 1 have read the foregoing and know its contents. ❑ CHECK APPLICABLE PARAGRAPH ❑ I am a party to this action. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief. and as to those matters I believe them to be true. ❑ I am an Officer of a party to this action, am authorized to make this verification for and on its behalf, and make this verification for that _ reason. 1 have read the foregoing document and know its contents. I am informed and believe and on that ground allege that the matters stated in it are true. ❑ 1 am ❑ a partner ❑ a of a party to this action, am authorized to make this verification for and on its behalf, and make this verification for that reason. 1 have read the foregoing document and know its contents.The matters stated in it arc true of my own knowledge except as to those matters which are stated on information and belief,and as to those matters 1 believe them to be true. ❑ 1 am one of the attorneys for a party to this action. Such party is absent from Los Angeles County where such attorneys have their offices,and 1 make this verification for and on behalf of that party for that reason. I have read the foregoing document and know its contents. 1 am informed and believe and on that ground allege that the matters stated in it are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on , 19_ , at icily) (State) Signature PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. 1 am over the age of 18 and not a party to the within sction. My business address.is: 609 So. Grand Ave., Los Angeles, Califomia 90017. On February 1 , 19 85 1 served the foregoing document described as GENERAL DENIAL on__ plaintiff in this action by placing a true copy thereof in a sealed envelopets) addressed as follows: Soni Leighton, Esq. Law Offices of Michael D. Nelson 417 Front Street Danville, CA 94526 (BY MAIL) I caused such tnvelopets) with postage thereon fully prepaid to be placed in the United States mai at Los Angeles, California. ❑ (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand to the office(s) of the abor addressee(s). 1 dechre under penalty of perjury that the foregoing is true and correct. Executed on February 1 , 19 8 5 , at Los LAele . California. Pauline P. Romero Stgrwturc CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Claim Against the County, or District ) NOTICE TO CLAIMANT March 25 , 1986 governed by the Board of Supervisors, ) The copy of this document mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". Claimant: JOHN L. BARTOLO County Counsel Attorney: FEB 2 6 1986 Address: 5405 Martis Court (�a�jn2Z, CA 94b53 E1 Sobrante, CA 94803 Amount: $157. 94 By delivery to clerk on Date Received: February 25, 1986 By mail, postmarked on February 24. 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Feb. 26, 1986 PHIL BATCHELOR, Clerk, By Deputy An Cervelli II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to- comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. n Dated: MAR 2 5 198E PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( } A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: pjAR 2 5 1986 PHIL BATCHELOR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) CLAIM RCLAIM. TO: BOARD OF SUPERVISORS, OF CONTRA COSTA COUNTY Y ' r Instructions to 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, rCA) 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 ✓O/�N 113fi/2 � r RECEIVE Against the COUNTY. OF CONTRA COSTA) FEB 46' 1986 or DISTRICT) M 9ATC04R01 Eft 52A 0 ,u►E es Fill in name) ) = costs a The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 157. vy and in support of this claim represents as follows: ------------------------------------------------------------------------ d 1. When did the amage or injury occur? (Give exact date and h000ur)� FEB 17, iy �, �: �o �' m•- 5 ow Rnr J(,_') g So u E (o eft 0S%fr _ r • --- _ - -- - - ---�L---- �- ------ ------------- Where did the damage or injury our? (Include city and couty) Cdf/i 1 e 1�,Ei v%N� SoUTN ON f���i AN �.J�g�/ C t�CTw eC.,v /�•s1e,e � /��,i���� � �A� ClItIc ?64 _ $Lecv Our" ,e%GAY F,eoN7 ,;r ,6� Rp_ ------- - ------------------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) 1A jPE_�f�%CJA� Sce# 4 Ip_�e_§o,.e_ iN_ STREE_� _ ___ 4 . Wha particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? J (over) What are the names ofcounity or district officers, . ser-vants=sir.; . 1 employees causing the damage or injury? ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage). 04NY;O-&-� %avo ,?o_7_t/_ Sid E_G_J�9_/_/S__ E__1�i�71Y1/___�__ _ 7. How was the amount claimed above compute? (Include the estimated amount of any prospective injury or damage. ) , --. N-----ames------and---address------es---o-f---------witnesses--,--doctors--------and---------hospitals----.------------- 8 ' \ O/v 6 60&"e(s GJo.G.�%'.v� Gyres_ ¢' .�� ���,vS ��.s �� oN 6�c� To ?eE-10194-- �s fG igT.s 7#47' A)hie f OCCU o2 i �)U e- To Th`i�s - - L-i-st:'--..�tihe1'--,ij-e-x•p-e-,%.-n...:d. -i.....ft.t-u-r-e,-s--y-o-u--m-ade---o-n--ac--c-o-un-t--o--th-i-s-a--c-c-ide-/-nt--or- ITEM AMOUNT -i-n--ju-r-y-- : 02 /r5 N. 9 3 } t i ! *** *;k**.* Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) orby some person on his behalf. " Name and Address of Attorney Claimant' s Signature s o s' /i7LI�'Ti's L120 e) Address Telephone No. Telephone No. aa3 - ************************************************************************** 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. " `3 31376 LARRY'S TIRE SERVICE 31 Pitt Way El Sobrante, Calif. 94803 222.1414 Computer Wheel Balancing Dunlap and B.F.Goodrich-T.A. Passenger 8 Small Commercial Customer's ,.. � Order No. NAME i i Address Sold By Cosh Terms Chortle On Acct. Mdse.Retd. Paid Out Retail Whise. QUANTITY DESCRIPTION PRICE AMOUNT / r'OST BLANK �/ V C11" ; I i + r•3tC. GUY D L I .` S AUTO SALES LARRY S 2 TIRE I {{ i I I i I f I i TOTAL CONDITIONAL SALES CONTRACT: It is understood and agreed by the undersigned that payment for the above is to be made upon terms designated herein,and if not so paid shall accrue interest from said dote at 11/2`Xo per month.In the event suit shall be brought to collect the above amount it is further agreed that the undersigned shall be responsi- ble for such sum as the court may fix as a reasonable attorney's fee plus court costs.Title to merchandise shalt remain in the name of Larry's Tire Service until paid for. R. RECD BY:. I All claims and returned goods MUST be accompanied by this bill. MONDAY THRU FRIDAY 8:00.5:90 ; SATURDAY 8:30.2:00 CUSTOMER i