Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MINUTES - 05201986 - 1.11
CLAZN BOARD OF SUPERVISORS OF CWTU COSTA COMM, CALIPORNIII BARD ACTION Claim Against the County, or District ) NOTICE TO Q,ADrIAp'P May 20, 19 86 governed by the Hoard of Supervisora, ) The copy s t led to you is your Routing Endorsements, and Hoard ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, belay), to California Goverment Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all wWarnings". Claimant: James W. and Gloria D. 11halen COunty Attorney: James D. Clayton APR 21 1986 Foley, McIntosh & Foley Address: 1225 Solano Ave. Martinez, CA. 9P53 Albany, CA 94706 deli Amount: $100, 000- 00 at least BY very to clerk on Date Received: April 21 , 1986 By mail, postmarked on Anr i 1 18 , 1986 I. FROM: Clerk oY the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 21 , 1986 PHIL, BATCHELOR, Clerk, By Deputy _ a hy KnJowles Il. FROM: County Counsel TO: Clerk of the Hoard 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: 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 W) 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: MAY 9 Q inoG PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNIPM (Gov. Code Section glio Subject to certain exceptions, you have only sit (6)-months from the date of this !Jotioe was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. i You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boar-dis action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an 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. r DATED:_ MAY 92 1986 PHIL BAMMLOR, Clerk, By , Deputy Clerk 00: County Administrator (2) County Counsel (1) FOLtEY, t-4CINTOSH & FOLEY PROFESSIONAL CORPORATION ATTORNEYS AT LAW ROBERT J. FOLEY POST OFFICE BOX 6247 OTHER OFFICES THOMAS J. McINTOSH 73 ORINDA WAY WILLIAM R. FOLEY 1225 SOLANO AVENUE ORINDA, CALIFORNIA 94563 JAMES D. CLAYTOR ALBANY, CALIFORNIA 94706 14151254-1447 DAVID L. FREY (415)524-4123 TELEX 499-7477 TERRANCE C. MURRAY FOL MC LAW DONALD C. CADY OF COUNSEL: April 18, 1986 HERBERT A. WATERMAN Clerk of the Board Board of Supervisors of Contra Costa 651 Pine Street, #106 Martinez , CA 94553 Re: James W. and Gloria D. Whalen Dear Clerk: Enclosed is an original of a Claim. Please file the oriainal and send an endorsed copy back to me in the envelope provided. Thank you .for your cooperation in this matter. Very truly yours, T "sZa ytor JDC:rt Enclosure �LBII� TO: BOARD OF SUPERVISORS OF CONTRA C(**rte applicationto: a, Instfuctions to ClaimantVerkotthe Board 6!7P,,Q J..� M rtinez,California 94553 A. Claims relating to causes of action for death oror 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 -eause of action. (Sec. 911.28 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 o this form. RE: Claim by )Reserved for Cler ' stamps JAPES M. and GLORIA D. V^HALEN ) CEIVED RE Against the COUNTY OF CONTRA COSTA) APR 196 pH�� MAO" O" or DISTRICT) �Ei1K AN SUP RV1 F1 In name ) "T" STAG°. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ioo _000_ oo at least and in support of this claim represents as follows: --- -------------------- --------------- ----------------- - -- --- �. When did the damage or injury occur? (Give exact date ani hour] Slide first observed on February 20 , 1986 at anrroximatel'V 8 :30 a.m. �. W�iere did t5e damage or in3ury occur? (Include city and county; 2 Camino Don Miguel, Orinda, Contra Costa County, California 3. How did the damage or injury occur? (Give �u�I �etai�s, use extra . sheets if required) During a large rainstorm, a tree fell blocking the creek at the foot of a hill below claimant's property; that caused the direction of the creek to change; that undermined the hill precipitating the slide. 4. Alhat particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? County Flood Control, after being advised that the tree had impaired flow to such an extent that grave property damage was irLminent, failed to remove the tree and restore the natural flow of the creek. (over) 5. What are the names of county or district officers, servants or— employees causing tie damage or 'injury? Nut known at at this time. 6. What damage or injuries do you claim resu�te�? Give full-extent of injuries or damages claimed. Attach two estimates for,auto damage) ' The hill gave way, threatening the house and occupants. It will cost approximately $100 ,000. 00 to repair the slide; rrevent further slides. -------- - - - - - -- - --- --- ------ ------- ----- --------- ------------ ------ -- 7. How was the amount claimed above computed? (Include the estimatea__ amount of ' any prospective injury or damage.) Estimate from engineer -------------------------------------------------------r------------------ 8. Names and addresses of witnesses, doctors and hospitals. Peter H. Hattersley and K. Darlene Hattersley. 2 Camino Don tiigue 1 Orindas CA. �. L st the expendi'ti�res you made on account of this accident or injury: ITEM AMOUNT gone to date,j. excen4 slide damage in item 6. 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 James D. Claytor C aiman s Signature F OLEY, :1c INT-OSH & F'OLEY 1225 Solano Avenue Address Albany, CA 94706 Telephone No. (415) 524-4123 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. " yam _ I (A'-M �N D E D Q.UX BOARD CF WMVISDRS OF CWW O4rA MMM._ CAL Maim Against the County, or tdatriat ) WMMCE TO CLADUM May 26, 1986 • governed by the Hoard of Supervisors, ) The copyof-this t iM ed to you is lora' Routing Endorsements, and Hoard ) notice of the action taken on your claim by the Action. all Section referenoes are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Sectio,913 and 915.4. Please tate all *WaMinds". Claimant: Myron Clark, Carol Clark-Sriith,Virginia Clark, Lance Clark Attorneys John D. Maatta Herron & Herron Address: Transamerica Pyramid, 33rd floor 600 Montgomery St . Amount: San Francisco, CA By delivery to clerk an $750 , 000. 00 Date Received: Ap r i 1 25 , 1986 postmarked an Ap r i 1 24, 1986 art . ;r P 017 993 6 FROM:I. Clerk of the Board of Supervisors TO: Can y Attached is a copy of the above-noted claim. Dated: Ap r i 1 2 9 , 19 8 6 pW1 BAS , Clerk, ByVA/_\1177V__� �. DOP AY II. : County CounselTO: Clerk o Supery sons (Check only one) (y) This claim oomplies substantially with Sections 910 and 910.2. - ( ) This claim FAILS to comply substantially with Sections %0 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: u Deputy County Cou>.sel M. FEW: Clerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Maim was returned as-untimely with notice to claimant (Section %1.3). IV. BOARD OFOM By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( ) Others certify that this is a true and correct copy of the Boardws Order entered in Its minutes for this date. Dated: MAY 2 0 158_6 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to ow Iain axoeptions, you have only six (6) months from the date of this notice wan personally served or deposited in the mail to file a cornu action on this claim. See Government Code Section 945.6. You may seek the advioe of an attorney of your choice in oornection with this matter. If you want to consult an attorney, you should do so immediately. V. FEW: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardws action an this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Claim in aeoordanee with Section 29703• ( ) A warn ing of claimant's right to apply for leave to present a late claim was mailed DATED: PAIL BATamn g Clerk, By �.,�, �1 9 Deputy Clerk JDM:ab 4-18-86 #T2975 � C1 : 111 ` n 1 AMENDED AND SUPPLEMENTAL CLAIM AGAINST CITY OF RICHMOND AND c 2 COUNTY OF CONTRA COSTA 1` 3 P 4 8 5 5 TO: Controller, County of Contra Costa 0 6 Clerk of the Board of Supervisors County of Contra Costa 7 Clerk of the City Council 8 City of Richmond, California 9 0 CLAIMANTS: Myron Clark $ 10 444 Key Boulevard Richmond, California 94806 8 11 Carol Clark-Smith 12 2365 Roosevelt Avenue Richmond, California 13 Virginia Clark 14 Lance Clark W 11041 Cornell Avenue 15 Albany, California 94708 � 16 AMOUNT OF CLAIM: General and special damages for the a 17 wrongful death of Milton Clark and s pain and suffering and emotional 18 distress and mental -anguish. Z K 0 19 AMOUNT OF CLAIM: $750,000.00 Z 20 g ADDRESSES TO ° 21 WHICH NOTICES o SHOULD BE SENT: taw Offices of Herron & Herron n 22 A Professional Corporation 0 Transamerica Pyramid, 33rd Floor 23 600 Montgomery Street San Francisco, California g . 24 (415) 788-2500 z 25 RECEIVED 2 DATE OF 26 OCCURRENCE: January 17, 1986 APR D-51986 PHIL BATCHELOR CLERK AR FSUPERV ORS NTA 0STA C . B n I PLACE OF OCCURRENCE: 444 Key Boulevard 2 Richmond, California 3 HOW DID 4 INCIDENT OCCUR: The County of Contra Costa and City of 2 Richmond were careless and negligent, S 5 together with their subcontractors, and agents, including, but not 6 limited to, the Cadillac Ambulance Company, in providing emergency 7 equipment that was in good working order and free of defects or emergency crews 8 that were knowledgeable with regard to 8 emergency equipment and procedures and 8 9 routes. On the subject date, equipment $ responded to an. emergency involving 10 Milton Clark and such equpment was in g alstate of disrepair and was defective 2 11 and was improperly cared for, maintained and operated so as to allow the battery to 12 die or the electrical system to malfunction leading to delays which caused or 13 contributed to the death of Milton Clark and the emotional distress of his family 14 members who witnessed the incident. 15 16 DATED: April 18, 1986. s 17 HERRON & HERRON 18 A Professional Corporation Z 19 Z 20 By g J H TTA 8 21 A orneys for Plaintiffs 0 22 0 6 23 & 24 W 25 8 26 2. i F 1 PROOF OF SERVICE 2 i 3 I am employed in the City and County of San Francisco, State of California. I am over the age of eighteen years and not a I 5 4 party to the within action; my business address is HERRON & g HERRON, 600 Montgomery Street, 33rd Floor, San Francisco, 5 5 California 94111 . 6 On April 24 , 1986 I served the attached document entitled: j AMENDED AND SUPPLEMENTAL CLAIM AGAINST CITY OF RICHMOND AND COUNTY j 7 OF CONTRA COSTA on the following parties in said action by placing f (X ) a true copy thereof or ( ) the original, in a sealed 8 envelope, addressed as follows: W< S 9 Clerk of the Board of Supervisors County of Contra Costa $ 10 651 Pine Street, Room 106 Martinez, California 94553' 11 ! Clerk, City Council Controller 12 City of Richmond County of Contra Costa 2600 Barrett Avenue Martinez, CA 94553 13 Richmond, California 94804, 14 Z (X ) (BY MAIL) I caused such envelope, with postage thereon. 15 fully prepaid, to be placed in the United States mail at San Francisco, California. 16 ( ) (BY PERSONAL SERVICE) I caused such envelope to be a 17 delivered by hand to the offices of the addressee. s 18 (X ) (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true 19 and correct. 2 20 ( ) (FEDERAL) I declare that I am employed in the office of i 2 a member of the bar of this court at whose direction the i 8 Y1 service was made!. ` Z 22 Executed on April 24 , 11986 , at San Francisco, California. 2 ` 23 24 ` W 25 I SEN g s 26 CLUN BOARD OF SDPERUSORS OF ONN'IR OOSU OMM, CALIPOR_WIA BOARD ACTION Claim Against the County, or bistriet ) WnCE TO CTAIDXW May 20, 1986 governed by the Board of Supervisors, ) The copy of this t mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your olaim by the Action. All Section references am ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Goverment Code Section 913 and 915.4. Please note all *Warnings". Claimant: Myron Clark, Carol Clark-Snith, Virginia Clark GOtl.ity C���Sei Attorney: John D. Maatta APR 21 1986 Address: Herron & Herron Law Offices Transar.erica Pyramid, 33rd Floor Martinez, CP, 94553 Amount: 600 Montgor:�ery St. By delivery to clerk on San Francisco, CA 94111 g� Date Received: April 21 , 1986 By!mailrt . , lb sOt 17r ed a6 6 AApril 18, 1986 I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted 'claim. Dated: Ap r i 1 21 , 1986 PHIL BATCHELOR,, Clerk, By 1-0-*" Lll��� Deputy =ffy- ow e s 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: Qerk of the Board TO: (1) County Counsel, (2) County Administrator ( ) Maim 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. Dated: MAY 4 0 1229 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNDM (Gov., Code Section 913 Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action an 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 Maim in accordance With Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed DATED: �t1986 PAIL BATCHE1AR, Clerk, By , Deputy Clerk en! r.mi,tn administrator (2) County Counsel (1) JDM-,--ab 4-1,8-86 #T2975,". C1:-11 1 AMENDED AND SUPPLEMENTAL CLAIM AGAINST CITY OF RICHMOND AND 2 COUNTY OF CONTRA COSTA 3 4 Q 5 TO: Controller, County of Contra Costa 6 Clerk of the Board of Supervisors County of Contra Costa x 7 tz Clerk of the City Council 8 City of Richmond, California w 9 CLAIMANTS: Myron Clark $ 10 444 Key Boulevard Richmond, California 94806 11 8 Carol Clark-Smith 12 2365 Roosevelt Avenue Richmond, California d 13 Virginia Clark 14 Lance Clark W 1041 C-rnell Avenue 15 Albany, California 94708 16 AMOUNT OF CLAIM: General and special damages for the 3 17 wrongful death of Milton Clark and pain and suffering and emotional izZ 18 distress and mental anguish. 0 19 AMOUNT OF CLAIM: $750 ,000.00 0 20 F ADDRESSES TO 8 21 WHICH NOTICES o SHOULD BE SENT: Law Offices of Herron & Herron "p 22 A Professional Corporation Transamerica Pyramid, 33rd Floor 23 600 Montgomery Street San Francisco, California g 24 (415) 788-2500 25 RECEIVED R DATE OF 26 OCCURRENCE: January 17, 1986 APR 1986 PHIL BATCHELOR / fAMO F UPERVI R$ TRA i I PLACE OF OCCURRENCE: 444 Key Boulevard c 2 Richmond, California 3 HOW DID 4 INCIDENT OCCUR: The County of Contra Costa and City of o Richmond were careless and negligent, 5 together with their subcontractors, and agents, including, but not 6 limited to, the Cadillac Ambulance Company, in providing emergency Ji 7 equipment that was in good working order t and free of defects or emergency crews 8 that were knowledgeable with regard to emergency equipment and procedures and 8 8 9 routes. On the subject date, equipment $ responded to an emergency involving $ 10 Milton Clark and such equpment was in o a state of disrepair and was defective I1 and was improperly cared for, maintained and operated so as to allow the battery to 12 die or the electrical system to malfunction, leading to delays which caused or e 13 contributed to the death of Milton Clark and the emotional distress of his family 5 14 members who witnessed the incident. 15 16 DATED: April 18, 1986 . 3 17 s HERRON & HERRON 18 A Professional Corporation Z 0 19 B 20 B P JOHN D. MAATTA 21 ttorneys for Plaintiffs 22 23 g 24 W Z- 25 o . 26 2. 1 ' 1 PROOF OF SERVICE 2 3 I am employed in the City and County of San Francisco, State of California. I am over the age of eighteen years and not a 4 party to the within action; my business address is HERRON & g HERRON, 600 Montgomery Street, 33rd Floor, San Francisco, 5 5 California 94111 . 6 On February 13, 1986 Iserved the attached document entitled: AMENDED AND SUPPLEMENTAL CLAIM AGAINST CITY OF RICHMOND AND COUNTY 7 OF CONTRA COSTA on the following parties in said action by placing (X ) a true copy thereof or ( ) the original enclosed in a sealed 8 envelope addressed as follows: w 9 Clerk of the Board of Controller, Department of 10 Supervisors Finance County of Contra Costa City of Richmond 8 11 651 Pine Street, Rm. 106 2600 Barrett Avenue Martinez , California 94553 Richmond, CA 94804 12 Clerk, City Council Controller 0 13 City of Richmond County of Contra Costa 12600 Barrett Avenue Martinez, CA 94553 14 Richmond, California 94804 W 15 16 (X ' ) (BY MAIL) I caused such envelope, with postage thereon fully prepaid, to' be placed in the United States mail at 17 San Francisco, California. K E 18 ( ) (BY PERSONAL SERVICE) I caused such envelope to be 4 delivered by hand to the offices of the addressee. 19 c ( ) (STATE) I declare', under penalty of perjury under the 20 laws of the State of California that the above is, true g and correct. 8 21 ( ) (FEDERAL) I declare that I am employed in the office of 22 a member of the bar of this court at whose direction the service was made. < 23 Executed on April 18, 1986 at San Francisco, California. g 24 n 25 ` g RI SE � 26 / - fi BOARD OF SP'B;tVISMS CF TWt COSTA OMM. CALIF IA BOJIRD ACTION Claim Against the Canty, oc District ) VMCE TO C[Jt1!lAIQT May 2 0, 19 8 6 governed by the Hoard of Supervisors, ) The copy a t led to you is your Routing Endorsements, and Board ) notioe of the action taken on your olaim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, below), to Califomla Government Codes given pursuant to Government Code section 913 and 945.4. Please note all *Warnings*. Claimant: Gail and Gary Weaver Attorneys John Ni. Drath Hyde & Drath Address: 650 California St . , Ste. 2600 San Francisco, CA 94108 Amount: Unspecified By delivery to clerk on Date Received: April 25, 1986 Br mail, postmarked on Anr i 1 24- 1986 I. FROM: Clerk of the Board of Supervisors TO: County Conse Attached is a copy of the above-noted claim. 01 Dated:Ap r i 1 23 , 1986 pHIL BATCHELOR, Clark, By ..vim` Deputy -Unhy oa es JI. : County Counsel 70: Mark 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 Hoard cannot act for 15 days (Section 910.6). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's ri''ght to apply for leave to present a late claim (Section 911.3). ( ) Other: 124 4z Dated: OaUa 7, Z ZZ By: "-J-L Deputy County Counsel III. FROM: Qerk of the Board TO: (1) County Counsel, (2) County Administrator t 1 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 oertify that this is a true and correct copy of the Board'a Order entered in its minutes for this date. Dated: ,MAY PHIL BATMMOR, Clerk, By , Deputy Clerk WkMMM (Gov. Code Section 943) Subject to oertain ezoeptiona, you have only six (6) eonths from the date of this notice Mas personally served or deposited io the sail to file a court action on this claim. See Government Code Section 945.6. You my seek the advice of an attorney of your ohoioe in oonneetion with this matter. If you want to consult an attorney; you should do so immediately. V. PM: Clerk of the Board TO: (1) 'Cotmty 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 Hoard's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to claimant. to present a late claim was mailed DATM: MAY 2 2. 1986 PAIL BATQMAR, Clerk, BY , Deputy Clerk j LAW OFFICES OF THOMAS F. PWDE JOHN M.DRATH. HYDE & DRATH JEFFREY C.SMITH LORI B.FELD MAN SUITE 2600 JAMES C.CONNELLY 6SO CALIFORNIA STREET TELEPHONE DONALD J.SMITH SAN F$dNCI$co, CALIFOBNIA 84108 (41S) 302-0215 .PROFESSIONAL CORPORATION April 24 , 1986 Clerk of the Board P.O. Box 911 Martinez , CA 94553 RE: GAIL and GARY WEAVER ENCLOSED HEREWITH ARE THE FOLLOWING: CLAIM AGAINST THE CITY AND COUNTY OF CONTRA COSTA FOR THE PURPOSE REQUESTED BELOW: Please sign and return to us in the envelope provided. Please keep for your records XX please file original and return endorsed, filed copies to us in the envelope provided. Please certify and return certified copies in the envelope provided. Please issue original summons and return to us in the envelope provided. Please review the enclosed and contact us. Please procure signature of the court, file original and return endorsed, .filed copies to us in the envelope provided. Please record and return to us in the envelope provided. Please set for hearing on Enclosed is check no: in the amount of $ to cover fee, please return receipt in the envelope provided. Very truly yours, HYDE & DRATH Enclosures Jcll drainage facilities . (over) 5. What are .the names of county or dstri°ct officers, servants or employeea causing the damage or injury? Unknown. claim resulted? Give full extent of injuries or damages claimed'. Attach two estimates for auto damage) Sliding and erosion of gland; Structural damage to residence; emotional distress to claimants'. 7. -How was the amount claimed abo - - - ----_-- -- ve computed? (Include the estimate amount of any prospective injury or damage. ) Verbal estimates from contractors , information and belief as to diminution in value. ----- ----------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 9. List the ex enditures ou made on account of this accident or �n3ury: DATE ITEM AMOUNT 2-20-86 Emergency repairs . $1 ,.623.00 Govt. Code Sec. 910.2 provides : "The claim signed by the claiman SEND NOTICES TO: (Attorney) r some person op--his behaof' Name and Address of Attorney JOHN M. DRATH _ aimant s Si ature HYDE & DRATH 650 California Street, Suite 2600 Address San Francisco, CA 94108 Telephone No. (415) 392-0215 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." CLUX SDARD oP SMWVI90RS CF CWW OMA OOMM, CALII�QIIA - BARD Claim Against the County, or tdotriet ) VMCB TD CLADUNT May 201986 governed by the Board of Supervisors, ) The ooP9 a t N&ilsd to you is youa Routing Fndorsements, and Board ) notioe of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph IV, bltlar)o to California Government Codes ) given pursuant to Government Code Section 913 mid 915.4. Please note all wWarninW. Claimant: Brian Tir_rizons Cove Attorney: APR 2 5 1986 Address: 3137 Richriond, CA e 94806 Transnittal Drive �Ifi2 IR Z, CA.9 553 Amount: $196 . 00 By delivery to clerk on Ap r i 1 24, 1986 Date Received: Ap r i 1 241986 19 8 6 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TD: County Consel Attached is a copy of the above-noted claim. Dated: April 25, 1936 PKI, BATC9MM,, Clerk, By l Deputy a n w es II. FROM: County Counsel T0: Clerk of the Board of Supervisors (Check only one) 90 This claim o=plies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and are are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 'L By: c ,.C,C-��r�.Q J Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administratoar ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BDARD WER By unanimous vote of Supervisors present (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct oopy of the Boardta Order en in its mi for this date. (� n Dated: 2 0 198§ PHIL BMIMOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913 Subject to owUln ezoeptions, you have only six (6) months fram the date of this notice was personally served or deposited in the mail to file a oourt action on this claim. See Goverment Code Section 945.6. You may seek the advioe of an attorney of your ohoioe in oorrmtion with this matter. If you want to oonsu:lt an attorney, you should do so immediately. V. FRW: Clerk of the Board M: (1) County Counsel, (2) County Administrator Attached are oopies of the above claim. We notified the claimant of the Boardis action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Boardfa copy of this Claim in accordance with Section 29703. ( ) A earning of elaimant•s right to apply for leave to present a late claim was mailed to claimant. DATED:_. --PHIL BATMELOR, Clerk, By w , Deputy Clerk CLAIM TO: BOARD OF SUPERVISQRS OF CONTRA CO§*Q?WXapplicationto: ' ' . Instruutions to ClaimantVerk of the Board P.O.Box 911 p Martinez.Californla 94553 k.: elaims •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 1061 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 Distript 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 oT this form. •**���*,e***,�w***�**��*****���*:�***�,e#**�*�**�**:*,e*+�*:•�,��rrr�*����r*ate*** RE: Claim by / )Reserved for Cle k' filing stamps i RECEIVED Against the COUNTY OF CONTRA COSTA) APR Q\-y19$o �o n+►-o ti c og-��c o__U/11--y ) or -5/1#Y.!"-I {�} S Q�par i,, I_$TRICT) PHIL BATCHELOR (Fill i n name) ' '` ) LEAK AqA TA c V'W`s BY 1�.�' The undersigned claimant hereby makes claim aga a oun y o ontra g Y Costa or the above-named District in the sum of $� , (� } and in support of this claim represents as follows: �. When did the damage or Injury-o occur? (Give - nd----- ---- ---------------------- ccur? (Give exact date and hour] c�n e-h 3.,3010-M C� �Iv �. W�iere did tie damage or in3=Y occur? (Include city and county) G���rra �. U 5� GUU►�'E-yJ C f•f� ; /??a r ti'h e Z 3. How did the damage or iLn3ury occur? IGlve-dull details, use extra-- sheets if required) W h ' �.n e h+O ryiQt` h ►�-� -�� }may 1°r.� cr r w 5Carcke tAe h i f was P 0, v4-1 S tan a-ii d Z NGVer- 5cern 4. What particular act or omission on the part of county or district officers, servants or employees; caused the injury or damage? -V K' n �� Wq.S c o V-L -e nems �r1c ne <<'7encc Cr" -C C% 1 S1 f�t/4 y� �, r rf 5 h e p a A-r,r, e 4-1-,T- (over) 5. What are the names of county orldistrict officers, servants or-:,. : , employees causing the damage oz injury? U� ftnawn - --- r --T----------- - ---r--------- -- •------ 6.--What damage----or 1n3uries do you claim resulted? ZGtve dull extent of injuries of damages claimed. i- Attach two estimates for auto damage) L o s f- c/ m e n 7. How was the amount claimed above computed? (Include the esEI;ateu amount of any prospective injury or damage.) Fo TW0 l r r �. , . f S -� �� ��C�v, 6. Names and addresses of witnesses, doctors and hospitals. Qv FrcI-}'o�s RK-C L r LI ;7u;"-°expenditures-iyou made on account of this accident or injury: ITEM AMOUNT T r � � •� i7 y..�.. J+fr.1•M1.►!M'lF1sQ0'itiY`.-k.•s•'I':ir•1.+..• 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 r. k ;�- C aimant s Signature Address c� 1 Telephone No. Telephone No. ��( NOTICE I Section 72 of the Penal Code provides: "Zvery person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 1 no pais -6 ��e__ o drosst �,erm&Ls ul +s T,5 4';_r- -t-5 f V f y v 3. 3oc ks i µ i` i CE"I BOARD OF SMwVLgM OF CMIU 00STA 00Wrfi, CALnKMU RDARD ACT= Claim Against the County, or District ) XMICE TO CLURW May 20, 1986 governed by the Board of Supervisors, ) e ooP9 s t sailed to you is your Routing EndorS®ents, and Board ) zoilce of the action taken m your claim by the Action. All section references are ) goard of Supervisors (paragraph Iv, below), to California Government Codes ) given pursuant to Government Code Seetien 913 and 915.4. Please note all Warnings*. Claimant: Will 0. Taylor CO01ty Cwmsez i Attorney: APR 2 1 1886 Address: 901 Court St. marhnez, CA 94553_ Martinez , CA 94553 deli to clerk on Amount• $750. 00 By �'9 Date Received: April 22, 1986 By mail,, postmarked on April 21, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ap Dated: Ap r i 1 2 3, 19 8 6 PHIL BATCHELOR, Mark , By - �v �,ti Deputy a n w es II. FROM: County Counsel 70: Clerk of the MR of Supervisors (Check only one) - VThis claim complies substantially with'Sections 910 and 910.2. ( ) This claim FAILS to eamply 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. FROND: Qerk of the Board 70: (1) unty Counsel, (2) County Administrator ( ) Maim 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 misfOc19�is date. La_,� Dated: 286 PHIL BATOMOR, 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 Govercment Code Section 945.6. You may seek the advioe of an attor4ey of yow choice in connection with this ratter.If you want to ooesult an attorney; you should do so immediately. V. FROM: Clerk of the Board 70: UYCounty 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 t2is document, and a memo thereof has been filed and endorsed an 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: MAY 2 21986 PHIL BATCHELOR, Clerk, By _,�, Deputy Clerk �.CLAIM,� TO,:', ,:: '93ARD OF SUE ' ,.,QRS OF CO;Tr,;k CO d;9Wq&PPlicationto:' Instructions to ClaimantVerk of the Board 64 1 Pn e 5,'.,, r M rtinez,Califomia94553 A. Claims relating to causes of action for death or or injury to person or to personal property 'or growing crops must be presented not later - than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be -- presented not later than one year after the accrual of the cause -- of action. (Sec. 911.2, Govt. ,Code) „ B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end or this form. RE: Claim by _ )Reserved for Clerk's filing 'stamps / ) etz RECEIVED Against the COUNTY OF CONTRA COSTA) APR DL--L 1986 ) 1 or ��Q AC111141 DISTRICT) wmeuTcLM F i 11 in name T� ) aEaK BOA suAvERv�SORs The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of 4 �1CTf and in support of this claim represents as injury follows2L -L 19p �_ � I occur? (Give exact date and hour] F/ '�. Where did the damage br injury 'occur? Include city and county) Vz,�iL_ J2 ZI/ 3. How did the damage r in r oc'cu ? (Giveulletaiis use extr 4 � Y / sheets if required) ��/ �EPi'G /YJ Cc �� /� lz7 4. What particular act or omission on the part of county or district A&Z/ officers, servants or employees caused the injury or damage? (over) 5.^ Whet are the names cf county or off icers, servants or r -employees causing the damage or injury? 6. 4hat lamage or injurieecdo you claim resulted? 1Gi_e full extent of injuries or damages claimed. Attach two estimates for auto damage) 7. How was the amount claimed above computed? Include the estimated ` amount of any prospective injury or damage. ) 00 8. Names and addresses of witnessesi doctors and hospitals. --------------- --------------------- 9. List�the expenditures you made on account of this accident or injury- �ATE. "' ; ITEM AMOUNT s •.-- - --��---- �. Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " 0 Name and Address of Attorney Claimant . nature dress Telephone No. Telephon No. NOTICE i 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 j district, ward or village board or officer, authorized to allow or pay i the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " Sy/EE 7 - ---- - -- 21 I OF 7-10 AV _ lot Aid ln V6 r - - --I___-A _ s- -- s�E�T -----_- ----- --- - I, I CLAIM BOARD OF SOPERVI90RS OF OMM ODSTA MONTi, CALVaWA BARD ACTION May 20 , 1986. - Claim Against the County, or District ) NOTICE 10 CLAIMANT governed by the Board of Supervisors, ) The copy of a t mailed to you in 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 *iiarnings* Claimant: Richard Harrison Snodgrass. N11!'i#y C0!!rSef Attorney: APR 2 i 1986 Addbdes' . 34 Arlington Drive Martinez, CA 94553 Pittsburg, CA 94565 Hand delivered Amount: $4, 000 , 000 . 00 By delivery to clerk on April 21 , 1986 Date Received: Ap r i 1 21 , 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 22-, 1986 PHIL BATCHELOR, Clerk, By z Deputy afhy Knowies II. FROM: County Counsel 10: 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: z. 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 M 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 minthis utes for is date. Dated: 1A4 2 0 12ga PHIL BATCHELOR, Clerk, By � �Qx�o , Deputy Clerk WARNING (Gov. Code Section 913 Subject to certain exoeptions, 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 oonnection with this matter. If you want to consult an attorney, you should do so immediately. Y. FROM: Clerk of the Board 10: (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 pres t a late claim was mailed toclaimant. DATED: M 2 2, 1gRf PHIL BATQE[AR, Clerk, By `v.. ,� , Deputy Clerk cc: County Administrator (2) County Counsel (1) r%LAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death of for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) ,_ C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps j RECEIVED Against the COUNTY OF CONTRA COSTA) APR �.I 1986 3=� 5 or DISTRICT) P"M9 TC EIOR Fill in name) ) c�E °T� sTico The undersigned claimant hereby makes claim agains t e C unty o intra Costa or the above-named District in the sum of $ 0 O D4 and in support of this claim represents as follows IF ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) - t/ t c� � O CoNTAM �a c�u� aS-/� hr 6,C ,� 3. How did the damage or injury occur? (Give full details, use extra, sheets if required) �( o ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? FAI Z L) �/�S (over) T 5. What are the names of county or district officers, servamts'=arc � employees causing the damag or injury ; ------ ------------------------------------------=--(-------------------- 6. Wh t damage or injuries do you claim resulted. Give full ex ent of injuries or! dam ges� �1 me Attach two estimates _or u damage) My G�G� � �� � l � p _ _ 5A_ 7. How was the amount claimed above computed? (Incl e es imated amount of ny prospective in pry or damag . ) --�- ------ ---- ----- -------- 8. Names and- e add esses of witnesses, doctors a o-- itals. �� �-9•/ �'N��'-� Com, ----------------------------------------------I--------------------------- 9. List the expenditures you made on account of this accident or injury: ,...,.. ..._...,-...� ITEM AMOUNT 1. y '`'' - --- -- . .-� Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES T0: -(Attorney) or by some person on his behalf. " Name and Address of Attorney dr ss Telephone No. v 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. " CULIN wM) M! BOARD O SUPO-IS S or MU 00srA counff CALUTOMIA Claim Against the County, or bdatriet ) NMCE 70 CiJlall" May 20, '1986* governed by the Board of Supervisors, ) The Copy s twiled to you is POW Routing Endorsements, and Board ) notice of the action taken an your Claim by the Action. All Section referenoes are ) Board of Supervisors (Paragraph IT• tea+), to California Goverrsment Codes I given pursuant to Government Code Section 913 and 915.4• Please note all wVW%LAW6 Claimants Robert Salas Rodriquez Attorney: Peter W. Alfert Hinton & Pashkowski Application to file late claim granted Address: 2940 Canino Diablo , Ste. 300 on Walnut Creek, CA 94596 Amounts See page 2 of claim By delivery to clerk on April 29 , 1986 Date Reoei ved:April 29 , 1986 By mail, postmarked an Clerk of the Board of Supervisors 70: County Attached is a copy of the above-noted claim. Dated: May 1, 19 6-6 PHIL BATOOM, Clerk, BY ' �, y1 k ; J--' !--<. Deputy Caf7v Kno tiles II. t County Couns TO: Clerk of the supedsom- (Check only one) (}J This claim oompliea substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we ars so notifying claimant. The Board cannot act for 15 days (Section 910.6). ' ( ) 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). ( ) Others Dated: ', By: - Deputy County Counsel III. 1Rl: ark of the Board 70: (1) ty Counsel, (2) County Administrator ( ) Claim was returned as-untimely with notice to claimant (Section 911.3). IV. BOARD QtDBR By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Others certify that this is a true and oorrect copy of the Board's Order en inis minutes for this date. nn p Dated: MAY 9 n ia54r. PHIL BATCHELOR 9 Clerk, By 1�0�� � Deputy Mork VAMME (Gov. Code Section 913 Bubjeet to Certain axoeptions, you have only six (6) months from the date Cf this notioe was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You nay 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 iomediately,, V. PROS: Mark of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and mdon sed on the Board's Copy of this Claim In acoordanee with Section 29703. ( I A warning of claimant's right to apply for leave to present a late claim vas mailed to claimant. DATM2 SII AV q 0 1000 PHIL BATOOM 9 Clerk, By e , Deputy Clerk RIECEIVED APP, `,, 1986 1 PROPOSED CLAIM PHIL BATCHELOR 2 ^CLERK pOARD SIIPEAVISO�S IC. NT RA OS- A Co. TO: STATE OF CALIFORNIA and COUNTY OF CON 3 YOU ARE HEREBY" NOTIFED that ROBERT SALAS RODRIQUEZ , 4 whose address is c/o HINTON & PASHKOWSKI , a Professional 5 Corpora-tion , 2940 Camino Diablo Suite 300 , Walnut Creek , 6 California 94596 , claims damages from STATE OF CALIFORNIA and 7 COUNTY OF CONTRA COSTA in the amount , computed as of the date 8 of presentation of this claim, of $250 , 000 . OU . 9 This claim is based on personal injuries sustained 10 by claimant on or about April 3 , 1985 , at a juvenile facility 11 located in the Nevada desert known as "Rite of Passage" where 12 he had been placed by respondents . 13 Claimant received the injuries and damages 14 complained of when he was assaulted , battered and thrown to 15 the ground by a Rite of Passage staff person causing a 16 fracture of claimant ' s arm. Claimant also has suffered and 17 continues to suffer emotional distress as a result of his 18 placement at said facility , and the care and supervision he 19 received therein . The State of California and County of 20 Contra Costa failed to have an adequate inspection system to 21 determine the fitness of Rite of Passage . Claimant ' s injuries 22 and damages occurred due to and were proximately caused by the 23 carelessness and negligence and other acts and omissions of 24 the STATE OF CALIFORNIA and COUNTY OF CONTRA COSTA and their 25 employees in placing claimant at the Rite of Passage facility , 26 in failing to investigate the said facility adequately , in 27 failing regularly to visit the facility in order to assess 28 ] claimant ' s placement and well -being , in failing to provide-, or .2 causing to be provided adequate medical and psychological 3 counselling services for claimant , in failing to discharge 4 their mandatory duties to conform Rite of Passage to minimum 5 stnadards imposed by state , county and federal regulations , 6 and in placing said minor in said facility which was not 7 properly licensed under state , county and federal regulations . 8 The names of the public employees causing claimant ' s 9 injuries under the described circumstances are unknown to 10 claimant but known to respondents. ]] Damages incurred to date. of presentation of this 12 claim are computed as follows : 13 General damages $250 , 000 . 00 14 Special damages According to proof 15 Claimant expects additional medical expenses to be 16 incurred in a presently unascertained amount . 17 Total amount of claim as of the date of presentation 18 of this claim is $250 , 000 . 00 . 19 All notices or other communications with regard to 20 this claim should be sent to claimant at HINTON & PASHKOWSKI , 21 a Professional Corporation , 2940 Camino Diablo , Suite 300 , 22 Walnut Creek , California 94596 . 23 24 DATED: April 2 , 1986 HINTON & PAHSKOWSKI 25 26 by _ 27 28 UAV HOARD of SMWVISORS OF O errs COMA aoorM cu.�a�Is WARD ACUC r Claim Against the County, or bistriot ) VMCE TO CL A114W May 20, 1986 governed by the Board of Superviaora, ) The copyof—Me t malled to you is your Routing Endorsements, and Board ) notice of the action taken an your claim by the Action. All Section references are ) Hoard of Supervisors (ParagmPh iTt below), to California Government Codes ) gives: pursuant to Government Code Section 913 and 915.4. Please note an "Turnings". Claimant: Edward Patnont Attorney: CoE.-Ity CourSO Address: 184 Rudgear Dr. APR 2 3 1986 Walnut Creek, CA 94596 - Amount: $49 . 53 By delivery to clerk on Jdnrtinr-t, C-A 94553 Date Recxi teed: Ap r i 1 22 , 1986 By mail, postmarked an April 21 , 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted .elaim. 1/ Dated: April 23 , 1936 pM BATCHELOR, Clerk, By ��� ��� �v��t�-�-=� Deputy 'MaTny Knowles Ii. FROM: County Counsel TO: Clerk of the I&R 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 9110.8). ( ) Claim is not timely filed. Clerk should return claim an 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: g7VL, , z By: Deputy County Counsel III. FRONT: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. DDARD ODER By unanimous vote of Supervisors present ( X) This claim is rejected in full. ( ) Others I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. Dated: PHIL BA7VMOR, Clerk, By , Deputy Clerk WAR ME (Gov. Code Section 9113) Subject to certain szoeptions, 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 an this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Couassel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardts action an this claim by mailing a copy of this documt, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in aeoordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to qlaimant. DATID:_M_AY 2 PUL BATCHELOR, Clerk, By NkA Deputy Clerk i C' IM 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 Brd 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 filina stamps Edward Patmont 184 Rudgear Dr. , Walnut Creek 94596 ) RECEIVED Against the COUNTY OF CONTRA COSTA) APR PQ1966 or DISTRICT) PHIL QATCMEIOR (Fill i n name) ) �CLERK ARD OF ST PA IT TA Co. 8 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: ------------------------------------------------------------------------ l. When did the damage or injury occur? (Give exact date and hour) Sunday, February 2, 1986 at 11:00 am in morning. ------ ---------------- -------------------------------------------- --- 2. Where did the damage or--injury occur? (Include city and county) At the corner of Rudgear Road and San Migel Road on Rudgear. ----------- -- —d — — — — — — — — — ----- -- ------ ------------- ---- -------- --- ----- -- 3. How did—the amage or injury occur? (Give full details, use extra sheets if required) My car hit a large pothole in the road with the right front tire which destroyed the tire. ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? The pothole was previously noticed by myself on Thursday, January 30, 1986. On Friday, January 31, 1986 a county or city crew attempted to repair the pothole by filling it with asphalt. On Saturday evening and early Sunday morning it .rained heavily an opened the pothole up again - much worse than before the attempted repair. The repair was defiecient as it did not even last 48 hours. (over) d'. 5. What are the names of county'"or district officers, -,:servants.�:or f ,employees causing the damage or injury? Unknown. Public works road repair crew. ------------------------------------------------------------------------- 6. Whatdamage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Completely damaged tire. --__ ____--------------------------------------------— ---___ _____------ 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) See attached invoice. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. None. ------------------------------------------------------------------ ------- 9:•-� ist�the .�xpt�ures you made on account of this accident or injury: i , yDATE tt ITEM AMOUNT 2/3%85 Tire $49.53 3 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 384 `tuidgc^r Dr. Address Walnut Creek, CA 94596 Telephone No. Telephone No. 932-3079 ************************************************************************** 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. " > 5 }f r' ,r,.,.y,..r- ,A•..,w Vit. S 1'.. .TAll T 6 ^�+ '� ��� ter." i� g �' ti �� un ".�"., ` ,� +•. �,a' a A1Yt:T'7')fi-,5�`LrRQ' � .+ ?4�;.�� ��'�■,��. tyY9 t 'syll ..`:s'6w.. w•w` NORTH MAIN .F, - 2830 NORTH AIN,WALNUT C EEK;CA 94596`(415)934-3311'AC100956 �"•-: : . r PRNAME.., - '' : HOME sg, .s: t s Iniay.!1t, ei�ariet f reipsedva i6ienae'itxt n�etw;t F,Y rcrn::� 7-�1 1 `€ .A.,. :;. Jn t; 11 5 TTd rb ^I: wait fF• 9 t-lL )r T .,' ..► �:.. +` - CI egifl0tr eel= STATE iutr3:+7+v LPn� '.y tilTtt,y BUSINESS PHDN4 Sue r :g711A9 iB - +, ai tc at�( trt ,4t',eA f78! o#! r�etiir afi t AKE MADE �,,tIL A E - E E {g,, ..�ijP Y. P O NUMBER/RESALE NUMBER CIR E ONE . hr a a d.4 u uF}4vt v. t!TstRi +Y tncnt ,g2S, u S Tlc t, t ALL SERVICE DEPT.PARTS NEW UNLESS ROTED z a tr .,i yr Kti y ; $TAltNUMB CUSTOMER DID O '" DID NOLFI r x r av + + ur. w'• t' ,is¢Tir. Er - LD PARTS REC.ICUSTOMER SIGNATURE Mr+ tst M NER DIS Cil•UB•® t.P081f 'q'� }3''.> .3 `�trT>y,",,r. REQUEST OLD PARTS BEFORE WORK STARTED _ DESCRIPTION ... ' DE j - CODE EXTENSION`•- CO 'ts"s9,: e^"sEXTENSION h+: �' t r, .;�r :.,�� War!3+Dra'•L -,S.�tka �°.�,,, � `.t�T �: ��kr '.N ►�'fi c•: a. . -vi ;24"t)fbod EIIR Yonirt' t E ( r� ' t 2L r:s^z ,�,s1gR1';ItR(Tt1!:�, aje "r ' ; k'` I�� i.'.r�`nt, q• 1 'IF WHEEL'9ALANCE < Epi . . { STEMS,t METAL-AUBBEw•,«0+;'CHROME,tTCI!-e t,2 1 Zn* : ^ *'r0 P a4 " TIRE PROTECTION CERTIFICATE ?i 8''� 0 � ' •, .REGULARO F'0 ;' •.tr'" +Ia :I�r - -, .•1, �• ` '� _,.,. ALIGNMENT CUSTOM 0 R 13:C.. i .2 8'. ' Z'r.8 ifwl£tpr ESExr. i tr/ 11It + LIFETIME POLICY BOOKED e , J� *•i,.' � ,it 1. 'RO( _ ALIGNMENT Po ��'Pt, t BRAKE PACKAGE SEE REVERSE SIDE 7.1 w FRONT 'FOR PARTS INCLUIY BRAKE PACKAGE'P REAR v WARRANTYAND OF b { NO MR-k '� r r' 1D,i EeLTi 2 BRAKElTUN PACKAGES v . , TUNE-UP PACKAGE N r 2`8,4' 0'° 0 a t SMOG CERTIFICATE evf�� .= s»._`*h`Arae g. 2 4y'2 a1k+l , R '••:,y-•�Y. :.7: ✓ "'• r 'i` " 1'�'N7i;'x SMOG LABOR v r.,x e'im+ - �'�-'qtr+°` 2-�. 2 4 4.1 1r T .. LUBE,.OIL,81 FILTER D r .r` a ai7Aflb �` 9td'. Rtl+'"j ";{®se8; B. ,A,.;'�*,'f'� r3 y' i19,;A� '�t.fls '- 2_j kit n, *77 9 ,?Y'!'Xr. tr'aUff 171yt. .riFrar' D"•F 3 x a.." i , ��•� �,.� SHOCK/STRUT FRONT x ° ) at r �rx > L � <.F,� .,I�`:. 'a'rr': ,"'' ��.t7e:,, � -W�1,rxf'err;;,D.✓its+SL.Y3D4, �z4fi �Spn `�'� ` ,•�-'E g}� ai;�i,•r7'f�'t�t � •«a -�. _.. b SHOCKISTRUT'REAR 8 � ff -' r '' �� � �• � Y:O 3f3�'i�YS I'i' ,, rt � x�+ ..1.r'St''• 4 K �`. ' x ..-. - k.,. .,'. -'. s. ,S?� x$1ttt. t �� y�t1•����k {f� iFR•'@ iry nnr Ilse i.n�;-+ :e lwP4,.tvtliStl*j.Ytt3:Ni+k_Y�wr7Ead.tYAt `�5�°a . mac`r> ,, t�;i�" `" 's i' A '� D ¢�• ;yt: <Yr �i}. !D »»�, vr3`T. y .,w �`: ":"'- �' rs' •'-� 'xlbtalTEh'V-«.•. � » •''_• vh•U' 'k s Jil';, ,r *: VF..�Sn,I,'.L'�dE';a}.�,,£ t'P: r ;: * ' -• ` 6' stR+ t`8,ttK t ;� +" �! i n rt'•?,:&a3f;i pt1?A'3)3178�1 11T+ 11.i :a i� Bb517L U:i y :J1 h9�7lflvt'+ >lUbl,.vow TQ.�`sW"NV`r?f t. �7 Til+ k" -�� �r t• .•t„ 5..'°°+� 'x tt. f1W'f.l3ti:if JI'++A':EShcfn =•t' W•i-".YWSO•�„`;•;- r ,.t _ ^ ,, >•P7 is - , -^ .1Xtq, I. - - �i-, + ' '`"''•''��T UQ ,r �,,- rri:brtcti, f "rt tot r>o 1 ngr t D t rK lln`„ `°�Y t I BG'r A It�AI1 J1 7 wnM1 JA TOO,-,,1 � y fie.. •,N 1 f ft b qtr fSlt( #i tyitt4 1t � f3 3TF 1QT' c)191 Lf°.'R-AN 3 r y Y r kYi ”{yz �r9 y F11dr1td3 d r400 t;r1 it 1 ,1 m.. s ;:. IN ADDITION TO THE ORIGINAL ESTIMATE,u• ` r ) ro - DRUMS ROTORB ,cALIGNMENTi T�, y y WE RECOMMEND THE FOLLOWING ITEMS. ' DE. t BEFORE .AFTER - I TOTAL PARTS �" LA90R PARTE` L3tTVld *TAW 3.3 c r,.>. 9(.,RIPT ,7 N`tv>2 IYr i Bfl,FRONT it •sw-�' saTovrko t6n,v:n..i�' �,r, .,, , )ul. v;,+,.,Vt:rv�.. r . 1"_40111W '1,4 y; ':Dcloiq tov���CCt Tj�I� tt�,t!TDr!1 Y'411,11 t ',t'�>62� S f L cAw any Emit T6 FESI tri+rle ruA, Lair Zr n to et a RFS i 1 n .tt{ii6^fi�ai ,�I !tr7rt7,. e`il,syn 7t Llai ri. -t TOTAL LABOR . 4 r a77 77 � 1 WORK SOLD BY /II ICiNb1ENT� BATTERY s ,}10TYaq t 11 i1'Yalt¢:di 91..fia EH''iT I»vD,q c riN AJ_, -. 8EFQREoou,,Af,7,ER .r... (•,r... •ALTERNATOR`q b DELIVERY RECEIPT CHARGE'INVOICES::Ifebknowled nn- 0CIM PERFORMED BYE , 1 Ert'REAA :'� ,OUTPtrr1ih 1t t IISAMPS. receipt of the goods grid services listed on INS Invoice and: r :� - s V "c:.*.^., .d^.. sl• :� r•,�f^a•!•vl n?c r11, ,md7np',u:i^.,'r ''�`� :n..nc'rj��T4�:o tc :ptate t am authorized to charge to the above account. f: s acknowledge terms are net 10th prbx.'grid Agtee to pay a; :�. ye nuoo 9nfinfoo nr n. s Y, rrr(I-, i vitt t WORK INSPECTED BY. L'ICAkI' '"' �REOULAR•''t a'Flit !'t: i FINANCE CHARGE bf 1K11+plat month/wMch equals'en; I' wcr+<s.'i, no ,uy blr!i 'sTtsOs�itsf.V't: nSETTING yr VQLTS• 'Annual Rete Of,181k on,all pest due belances:ose well as `•'""'•' fi.n ^.+i >'11,.'!" ion1a.' rB K' - - -' :'" --. 113CMrt 't•' 'r reasonable collection and court costs whether.or not suit is, sn�d T "'" `filed,Includin reasonable attorney' v AUTHORIZED By g mey'E face'lit the event Df+ TOT AL AUTHOfI1ZEd t'U8 Y8q W 8 `W�LSIN11PECTEDBY tiseti E. 'o'Niw ,.STARTER_,�;n;•,. - defaultotpeymertR e - r 1t):ruu'c19°,+t WT3,94..r+W+rl ',� i t x .-:-::.�. F-'i.rb4yr +7c• <«. . _ t:Abi DRAW �AMPB. t ADDITKNdAL COST"` vdai A I' EASE INITIAL ••�, b"',.',' R: .':.; _ r PHONE tDjCN t4a 11)YoJlA� iTESf F j,TII� VV 3aQAD TESTED BL RUQ i AVERAGE '7TO�At) i� HYDROMETER4Y ;�Y':A33MtA12A33' {WA l q 1GM V:O.'NO 1FAPPLICA9Lk) d tiVR�2 �"Of AD) READING }S:' UNDERSTAND THAT I HAVE THE RIGHT TO HAVE EMISSION SERVICE yr I ?'=pG Ta7 1:1400 L1OY 3(•.d t Ct3-dF, ,tt(?138}T(e'�; } ..�MO/011 ADJL"ENTS DONE ELSEWHERE 1H WAIVE THID AIR -1 - '' - .- , • _ 14 - --CUSTOMERS I - .. _-� - - PRESSURE--F —:_ R- - �,_ -- " THIS IS YOUR RECEIWANDrWARWANTY,AND'MUST"ACCOMPANY ALL CLAIMS. '` '% TI A O :4MONt ARTS- .This estimate is based on our Inspection at This time and does not cover additional parts or- labor which maybe required after the work has been started.After the work has stoned,worn or damaged parts which ere not evident on first inspection may be diacorered.This estimate_ cannot cover such Contingencies.In cases vd+ero eddNione prk h deemed necessary. l customer authorization will be secured prior to commencement of that sMdhbnel work.This t. •estimate expires 15 days from date. . 1 hereby authorize the repair work to be done along with tha rMcessefy MWIlstand hereby r7_„ BO f F, Cpl ie C!hl isb9,TTG!A eAT'SSC grant you and/or your erpp loyees permission to operate tfle van herein.desCribed on streets. highways or ekevrl,ere for the purpose of testklg•erid/a tion AA express' 4� r J"itJc a t$O>} ,>.,,bA II/F{rt1Qa O\fi.+':1-7104A. s 1 . . mechanic's lien is hereby acknowledged on above,vehicle to secure ernotllt of repair l thereb.Dealer not responsbie for unsva,labi of rt o in pe sh s beyond deebr's control nor for Ions a da�m,1a8ggee b c lotion ire can R .r A I,., e S? ` ';:C A 1 , .:'a a1rY oth csy taeyp1�our omtopl. r. SOOE-rAE421Pi -1aeR Otirntk ►B v*SBf Oa A1! 11Af : PLEASE ;- �k- %N � ... _ .. - ;r } {,' ,. -. ,_PJ.U9 APPLICABLE TA1 6 t' `SSzt$rC abs tiF,,Ie,9A M€P y— J AADROM W', .MILEAGE ,:wJ e.$ps18O1AATE,.• ..,T,OTAL. IErTiA e '�: r >.}�-earsoryYtrea n Y �LBa P, f� a WElYi1N via ESTIMATE rr 1 , . tj 0m , ' fbt r�i(' GERARD TIRE SERVICE 1 C' life" �MEAfao iso 4lS,TOMERwAITINc 24 NORTH MAINf¢} ri, +034 N �A L uv Tib r "A %- !r.f t,, r- ` YE$ , NO 2830�VORTH M9JN,WALNUT CREEK,GA 94596 f f . x CLAIM CHECK r, CIRC E ONE r' (415)934.33 t1 AC10095�" NOT RESPONSIBLE FOR GOODS LEFT OVER 10 DAYS NOR FOR LOSS BY FIRE OR THEFT. CUSTOMER COPY , 9►.:<' -- ___ 0,h"a_fi. `?:._ .S.r:ni3t......:-n:; :ey.•.d:tiM_. �. :-`Y ,. - rte... .- ... Q.AII�! WARD OF 9UMVI90R.S OF 0 'IR ODSTA OODIM 2 CALII IA RbARD ALTr0K Claim Against the County, or bistriet ) 1VnCE 10 C[.ATKW May 20, 1986 governed by the Board of Supervisors, ) The copy a t led to you is your Routing Endorsements, and Hoard ) notice of the action taken on your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph We below), to California Government Codes ) given pursuant to Government Code Section 943 and 915.4. Please note all *KaF,1Ings". : - Claimant: Pacific Gas and Electric C,o. (John Rayburn et al - 282972), couilty cougsp', Attorney: Mari C. Snyder P.O. Box 7442 APR 2 J 1986 Address San Francisco , CA 9":11::'.^ Hand delivered ��a�tinez,'CP� 94553pmt: See exhibit A By delivery to clerk an April 22 , 1 Date Received: Ap r i 1 22 , 1986 By mail, postmarked on I. FROM: Clerk of the Hoard of Supervisors 710: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 2 3, 19 8 6 PHIL BATCHELOR, Clerk, By , ti L,\\r. Deputy Cat v K orales II. FROM: County Counsel 70: Clerk of the Board o Supervisors (Check only one) 0 This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to ocmply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6): ( ) 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). ( ) Others Dated: leputy County Counsel III. FROM: Clerk of the Hoard TD: (1) County Counsel, (2) County Administrator ( ) Claim was r,--turned as untimely with notice to claimant (Section 911.3). IV. DDARD ORDER By unanimous vote of Supervisors present ()0 This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Hoard's Order entered in its minutes for this date. Dated: MAY 2 Q Jq56 PHIL BATCHELOR, Clerk, By , Deputy Clerk WAMCM (Gov. Code Section 913 Subject to oertain ozoeptions, 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 Goverment Code Section 945.6. You may seek the advice of an attorney of your choice in oonnection with this matter. If you want to cavult 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 war ning of claimwa ant's right to apply for leave to present a late claim s mailed DATED: BAT0=1R, Clerk, By i �"Lo Deputy Clerk CLAIM FOR APPORTIONMENT OF FAULT INDEMNIFICATION AND DECLARATORY RELIEF TO: COUNTY OF CONTRA COSTA FROM: PACIFIC GAS AND ELECTRIC COMPANY Claim above named presents this claim to the County of Contra Costa pursuant to Government Code section 910 , et seq. (1) The name and address of the claimant is: Pacific Gas and Electric Company 77 Beale Street San Francisco, CA. 94106 (2) The name and address to which claimant desires notice of this claim to be sent is: MARI C. SNYDER Attorney at Law P.O. Box 7442 San Francisco, CA. 94120 (3) The date, place and other circumstances of the occurrence or transaction which give rise to this claim are: As set forth in the attached complaint which is attached as Exhibit A, and incorported herein by reference. The attached complaint was served on Pacific Gas and Electric Company on March 12 , 1986. (4) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of this claim is: As set forth in Exhibit A, attached hereto. (5) The name or names of the public employee or employees causing the injury, damage or loss is not known to claimant at this time. (6) The amount claimed is set forth in Exhibit A attached hereto. DATED: April 18 , 1986 RECEIVED MARI C. SNYDER, Attorney for APR x, 1986 PACIFIC GAS AND ELECTRIC COMPANY PHIL BATCHELOR CLERK WARD OR SUPERYI$Q"S 9 TA LAW OFFICES OF R— I WALKUP, SHELBY. BASTIAN.' MELODIA ��liii LT KELLY & VREILLY I FEB q 4 Q ,2 A PROF99910MAL CORPORATION `�6 J. R. ULSSUK,CoLmy lef� e30 CALIFORNIA STREET CONTRA COSTA CO NTY 3 SAN FRANCISCO. CALIFORNIA 84108 By T[LE►NONS (415) 981-7210 M.AUend—or h,DeDUty. 4 CA 5 ATTORNEYS FOR PLAINTIFF LEt.DA 7D6 DUE: Stilted: Computod 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 JOHN M. RAYBURN, WALTER E. RAYBURN, LINDA COWAN, WILLIAM L. NO. 282972 12 RAYBURN, MICHAEL E. RAYBURN 13 Plaintiff, COMPLAINT FOR DAMAGES 14 vs. 15 PACIFIC GAS & ELECTRIC COMPANY, COUNTY OF CONTRA COSTA, EAST BAY 16 MUNICIPAL UTILITY DISTRICT, DOE ONE through DOE FIFTY, 17 Defendants. 18 19 � FIRST CAUSE OF ACTION 20 Plaintiffs complain of defendants, and each of them, and for 21 a First Cause of Action allege: 22 1. The true names, capacities, involvement, whether individual 23 corporate, governmental or associate, of the defendants named 24 herein as DOE are unknown to plaintiff who therefore sues said 25 defendants by such fictitious names. Plaintiffs pray leave to 26 amend this Complaint to show their true names and capacities when J �� 1 & 1 the same have been finally determined. 2 Plaintiffs are informed and believe, and upon such information 3 and belief allege, that each of the defendants designated herein 4 as DOE is negligently or otherwise legally responsible in some 5 manner for the events and happenings herein referred to, and 6 negligently or otherwise caused injury and damages proximately 7 thereby to plaintiffs as is hereafter alleged 8 2 . At all times herein mentioned each and every of the 9 defendants herein was the agent, servant and employee, each of the 10 other, and each was acting within the course and scope of his 11 agency, service and employment. 12 3. At all times herein mentioned defendant PACIFIC GAS & 13 ELECTRIC COMPANY, was a corporation doing business as a public 14 utility company within the State of California. 15 4. At all times herein mentioned defendants COUNTY OF CONTRA 16 COSTA and EAST BAY MUNICIPAL UTILITY DISTRICT owned, possessed, 17 controlled, maintained, and. supervised land and improvements 18 including La Cima Road and vicinity in El Sobrante, Contra Costa 19 County, California. 20 5. At all times herein mentioned defendants PACIFIC GAS & Z1 ELECTRIC COMPANY, CONTRA COSTA COUNTY and EAST BAY MUNICIPAL 22 UTILITY DISTRICT, DOE ONE through DOE TEN, and each of them, owned, 23 possessed, controlled, maintained, supervised utility lines, 24 pipelines, and areas appurtenant thereto, on said La Cima Road in 25 E1 Sobrante, California. Said utility lines and pipelines were 26 placed above ground in a dangerous and hazardous manner so as to uw orRlccc o• VALKU►SNELOY.SASTIAN. IELODIA.KELLY A O'REILLY PROFESSIONAL CORPORATION .E HARTFORD RLOO 70TH FLOOR e10 CALIFORNIA STREET —2— �N FRANCISCO.CA 94108 IA151 901.7210 v 1 be a potential danger and hazard to persons walking on said street 2 area, including Martha Rayburn, now deceased. 3 6. On or about May 7, 1985, at or about 6 :30 p.m. of said day, 4 plaintiffs ' decedent, Martha Rayburn, was walking on La Cima Road I 5 at or near 3977 La Cima Road in E1 Sobrante and fell due to said 6 utility lines, pipelines and debris on and near the roadway, and 7 fractured her ankle which later resulted in her death on May 12 , 8 1985. 9 7 . At said time and place, defendants, and each of them, were ' 10 negligent and careless in the creation, possession, maintenance, i 11 control and supervision of the hazardous and dangerous condition 12 of the utility lines, pipelines and debris above, on and near the 13 roadway, and provided inadequate or no warnings of said danger and 14 hazard to persons walking on said roadway. 15 8. Said defendants has actual notice of the aforementioned 16 dangerous condition of La Cima Road , and said defendants had 17 constructive notice of the aforementioned dangerous condition, as 18 said condition existed in substantially the same state and 19 appearance for a significant period of time prior to decedent' s 20 injury, and was of such an obvious nature that both it and its 21 dangerous character should have been discovered by the defendants 22 in the exercise of ordinary care, and would have been so discovered 23 by a reasonably adequate inspection system maintained and operated 24 with due care. 25 9. Having said actual and constructive notice, said 26 defendants, and each of them, had sufficient time to take measures LA"`OFFICES or NALKU/. OFFICES BASTIAN, 49LODIA.KELLY•WREILLY •.R000SUONAL CORPORATION , IE NAST/ORO SLOG 10TH FLOOR SSO CALITORNIA STREET AN FRANCISCO.CA 94100 —3_ 14151 985.7210 I to remedy and protect against said dangerous and defective 2 condition and to protect persons walking along the roadway from 3 risk of injury; but the defendants carelessly and negligently 4 failed to remedy, protect or warn of such dangerous and defective 5 condition. 6 10 . At said time and place, as a direct and proximate result 7 of the aforementioned negligence, carelessness and fault of 8 defendants, and each of them, plaintiffs ' decedent Martha Rayburn 9 was caused to fall due to the utility lines, pipelines and debris 10 on and near the roadway causing her to suffer and sustain the fatal 11 injuries and damages herein set forth. 12 11. By reason of the premises, plaintiffs ' decedent, Martha 13 Rayburn, now deceased, was caused to suffer and sustain fatal 14 injuries resulting in her death on May 12, 1985. 15 12. Plaintiff JOHN M. RAYBURN, is the surviving spouse of 16 Martha Rayburn, deceased, and plaintiffs WALTER E. RAYBURN, LINDA 17 COWAN, WILLIAM L. RAYBURN and; MIC.HAEL E. RAYBURN, are the ;surviving 18 adult children of. Martha Rayburn, deceased. Said plaintiffs 19 constitute all of the heirs at law of Martha Rayburn, deceased. 20 13. By reason of the death of Martha Rayburn, deceased, 21 plaintiffs have been deprived of a kind and loving wife and mother, 22 and of her care, comfort, society, companionship, protection and 23 support, all to their general damage in a sum in excess of the 24 jurisdictional minimum limits of this Court, and in addition, 25 plaintiffs have incurred certain funeral and burial expenses, the CAo26 exact amount of which is presently unascertained, but said amount IN "Ica"Or WALKUP.SMELOY.SASTIAN. 4ELODIA.KELLY t O'REILLY .PROFESSIONAL CORPORATION -E HARTFORD SLOG SOTM FLOOR RSO CALIFORNIA STREET _ AN FRANCISCO.CA 9AI08 -4 44151 981.7210 I will be inserted herein by amendment when the same is finally i 2 determined. I 3 14 . Written Claims for Damages setting forth the matters herein 4 alleged were duly and regularly presented to and filed on behalf 5 of plaintiffs with defendants, COUNTY OF CONTRA COSTA and EAST BAY 6 MUNICIPAL UTILITY DISTRICT, in accordance with the appropriate 7 sections of the California Government Code. On or about September 8 10, and 12 , 1985 , said defendants respectively, denied said claims. 9 This Complaint istimely filed within the time prescribed by law 10 after the denial of said claims. i 11 15. By reason of the premises, plaintiffs have been generally i 12 damaged in a sum in excess of the jurisdictional minimum limits 13 1 of this Court. 14 WHEREFORE plaintiffs pray judgment against defendants, and each 15 of them, jointly and severally, as follows: 16 a) for general damages that may be proved; 17 b) for special: damages that may be proved; 18 c) for prejudgment interest; 19 d) for costs of suit; and 20 e) for such other and further relief as the Court may deem 21 proper. 22 WALKUP, SHELBY, BASTIAN, 23 MELODIA, KELLY & O-REILLY 24 B �D --- /Zy 25 GEORGE . SHELBY 26 IAVV O►IRIC18 01 YALKU•.SHELBY.SASTIAN. IELODIA.KELLY!WREILLY 5 PRO►EIRIONAk CORPORATION •C N6RT►ORO BLDG 10TH FLOOR 6110 CALIFORNIA ITR[CT >N FRANCISCO.CA 94108 14151 981.7210 NAME AND ADDRESS OF f[NOER' TELEPHONE NO.: For Court uOnly: WAI,KUP, ' SHELBY, BASTIAN {415 )983-723 use, 24ELODIA, KELLY & O'REILLY 650 California Street San Francisco, Ca. 94108 Insert name of court.judicial district or branch Court.if any,and Post Office and Sheat Address: IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA `COSTA, P.O. Box 911, Martine , Ca. 94553 PLAINTIFF - JOHN M. RAYBURN, et al. , DEFENDANT PACIFIC GAS & ELECTRIC COMPANY, et al. , NOTICE AND ACKNOWLEDGMENT OF RECEIPT 7ase Number 282 972 TO . PACIFIC. GAS & ELECTRIC COMPANY (Insert name of individual being served) This summons and other document(s) indicated below are being served pursuant to Section 415.30 of the California Code of Civil Procedure. Your failure to complete this form and return it to me within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons on you in any other manner permitted by law. If you are being served on behalf of a corporation, unincorporated association (including a partnership), or other entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity. in all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. Section 415.30 provides that this summons and other document(s) are deemed served on the date you sign the Acknowledgment of Receipt below. if you return this form to me. Dated: . February 27,, ,198.6 . , , , , , (Signature of sender) ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of: (To be completed by sender before mailing) 1. M A copy of the summons and of the complaint. 2. [l A copy of the summons and of the Petition(Marriage)and: El Blank Confidential Counseling Statement(Marriage) =Order to Show Cause(Marriage) L73 Blank Responsive Declaration =1 Blank Financial Declaration Q Other:(Specify) ('ro'be comofered by recipient) Date of receipt:. �"� .I Q NOMAS W. HIGH CORPORATE SECRETARY (Signature of person acknnwieagmg receipt,with tore it 4 Q acknowledgment Is mace on oenail of another person) Date this form is signed: 19 ,I9 Q AACZ IC GAS AND E:ECTRIC COAPANY (Type or print your name and name of entity,it any. On whose behalf this form is signed) sow•oo.o..e or fM ccp 41S 20 417 1o: JuecaCouncil DoCiii-i"s NOTICE AND ACKNOWLEDGMENT OF RECEIPT Cal.Rules of Court. Qa.,,ae E"00"anw . ry 1,1975 Awle 1216 LAW OFFICES OF - BRUCE WALKUP WALKUP, SHELBY, BASTIAN, MELODIA TELEPHONE GEORGE.J.SHELBY KELLY & O'REILLY (4151981-7210 RALPH�W- BASTIAN,JR. PAUL V.MELODIA A PROFESSIONAL CORPORATION DANIEL J.KELLY THE HARTFORD BUILDING-3OTe FLOOR TERENCE J.O'REILLY - JOHN ECHEVERRIA 650 CALIFORNIA STREET JOHN0.LINK RICHARD D.GOETH ALS,JR. SAN FRA NCISCO,CALIFORNIA 94108 RONALD H.WECHT JUDITH J.RENTSCHLER MICHAEL A.KELLY - KEVIN L-DOMECUS JEFFREY P.MOLL MICHAEL P.CLARK OF COUNSEL DANIEL DELL'OSSO WESLEY SOKOLOSKY February 27, 1986 Pacific Gas and Electric Company; J. F. Taylor, Agent MAR 121986 Pacific Gas & Electric Company OFFICE OF THE P.O. Box 7779 CORPORATE SECRETARY San Francisco, Ca. 94106 Re: Rayburn v. PG&E, et al. Gentlemen: Pursuant to California Code of Civil Procedure §415. 30 , you are hereby served with a copy of the summons and Complaint in the above case. California Code of Civil Procedure §415. 30 provides that this summons and Complaint may be served on you by mail, together with two copies of the Notice and Acknow- ledgement enclosed herein. Please sign and return the Acknowledgement in the envelope provided within twenty days as provided on that form. We advise you to send this letter and the summons and Complaint to your liability insurance carrier for further handling. Very truly your , GEORGE J.SHELBY GJS:mc � Encl. SUMMONS �!ITACION JUDICIAL) 7 ° FOR couRr USE ON(V NOTICE TO DEFENDANT: (AV1so a Acusado) (soto PA"use PE u cotfrrl PACIFIC GAS & ELECTRIC COMPANY, COUNTY OF CONTRA COSTA, EAST BAY MUNICIPAL UTILITY' DISTRICT, DOE ONE through DOE FIFTY, YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le esta demandando) JOHN M. RAYBURN, WALTER E. RAYBURN, LINDA COWAN, WILLIAM L. RAYBURN, MICHAEL E. RAYBURN You have 30 CALENDAR DAYS after this sum- Despuas 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 maquina en esta torte A letter or phone call will not protect you; your Una Carta o una 11amada telef6nica no le ofrecera typewritten response must be in proper legal proteccinn; su respuesta escrita a maquina Bene que form if you want the court to hear your case. cumplir con las fortnalidades Iegales apropiadas si usted If you do not file your response on time,you may quiere que la torte escuche su Casa lose the case, and your wages, money and pro- Si usted no presenta su respuesta a tiempo, puede perder perty may be taken without further warning from el Cason y le pueden quitar su salariq,su dinero y otras cosas the court. de su propiedad sin aviso adicional por parte de la conte. There are other legal requirements. You may Existen otros requisitos legales. Puede que usted quiera want to call an attorney right away.If you do not llamar a un abogado inmediatamente. Si no conoce a un know an attorney,you may call an attorney refer- abogado, puede Ilarnar a un servicio de referencia de ral service or a legal aid office(listed in the phone abogados o a una oficina de ayuda legal(vea el dimaorio book). telefonico). CASE NUMBER: (Name del Caws The name and address of the court is: (EI nombre y direcci6n de la cone es) �, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE COUNTY OF CONTRA COSTA, P.O. Box 911, Martinez, Ca. 94553 The name, address, and telephone number of plaintiff's attorney,for plaintiff without an attorney, is: (El nombre, la direcci6n y el Humero de telLafono del abogado del demandante, o del demandante que no tiene abogado, est WALKUP, SHELBY, BASTIAN, _ MELODIA, KELLY & O'REILLY : 650 California Street: " San Francisco, Ca. 94108 (415 )981-7210 4 % �., • ' DATE: FEB 2 �� ,1,R• QLSSCN Clerk, by �.��:r�� : Deputy (Fechal (Actuario) (De(egado) ISEALI NOTICE TO THE PERSON SERVED: You are served 1. x[ I as an individual defendant. 2. Q as the person sued under the fictitious name of (specify): 3. Q on behalf of (specify): under: Q CCP 416.10 (corporation) Q CCP 416.60 (minor) Q CCP 416.20 (defunct corporation) Q CCP 416.70 (conservatee) Q CCP 416.40 (association or partnership) CCP 416.90 (individual) Q other. 4. Q by personal delivery on (date): Forrn Adooted by Rule 982 (See reverse for Proof of Service) .lamas'Courted of California 98241191 ip_ ;anJeN r �, Cf 1MM(»Iq w a.�as BOARD OF 9DPSRVI29ORS OF '!R ODSrA COUNTY. CALIFOApIA BOARD ACTION Claim Against the County, orbistriet ) "MCE To �MpT May 20 1986 governed by the Board of Supervisors, ) The copy a t led to you is your Routing Endorsements, and Board ) notice of the action taken on your olaim by the Action. All Section references are ) Board of Supervisors (Paragraph No below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all `Warnings". Claimant: Robin & Martin nelson Attorney: Douglas Simpson County Counsel 1.illiar-s , Kelly, Polverari & Skelton Address: 111 N. Market St . , Ste . 1007 APR 21 1986 San Jose, CA 95113 Amount: $885 . 00 By delivery to clerk on Martinez, CP, 94553 Date Aeeei,,v:i: April 21 , 1936 By mail, postmarked an April 18, 1986 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. • Dated: Ap r i 1 21 . 19 8 6 PHIL BATCHELOR, Clerk, By A` Deputy Cat7y Kno ales II. FROM: County Counsel 10: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to ccmply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) 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: V0 By: cc Deputy County Counsel III. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 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-!U— minutes nitsminutes for this date. ((�� Dated: MAY Z 0 1986 PHIL BATCHELM, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 91 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 ooart action an 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 10: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardis 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. (ny DATED: MU 2 1 PM BATamm t Clerk, By l� , Deputy Clerk ce: County Administrator (2) County Counsel (1) 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 Cor 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: C aimIby n e Imo ) Reserved for Clerk' s filing stamps ) 0 r 0 �1ew - LREEIVED —le ) Against the COUNTY OF CONTRA COSTA) al 1986 o r DISTRICT) ATc, �oRFill in name) ) suaERvy�oRS TA CO. The undersigned claimant hereby makes claim against a oun ontra Costa or the above-named District in the sum of $ _�j, Q and in support of this claim represents as follows: 1 --------------------------------------------------------------------`--- d . When did the amage or injury occur? (Give exact date and hour l , 1144- 1 -Xaa -f-ime no-f mown some Irne p! �r'r� -,the �a ------ ---- - ----- ------- ------------------ ------------------- 2. Where di the dama---ge or- nju y o ur? Includetand count )c y Q�n v r 1 Ie, ion-trcz o� tt i 1 lC) �,e ' C'oc�rt hoc v�r, "0" of our- h i 0 recur' o-f' a ui- /og'opeml Oa Lk5 l �( a e 9ver- -fo eo l(�5� 3. How did the damage or injury occur? (Give full details, use extra sheets if required) (� - s2A m-r, IggS -f lhe_C'oc.�r� f-y _rV ne1e cl a5 re han► le eha►� ed, tea; 1�o pe - o h i l I w h i e a � -e wecz�eJ e '160h rover\ r- 1, -h�----! � _ .� _ -- ------ --------------- ------- -------=------- 4 . What articular act or omission on the pa�of county or district officers , servants or employees caused the injury o d ma '� ,Oour- �+y - e- r� re. -ehc�n rye �c -Me creek-. mue,� 0 loser V-o -fie- bas e oJC au r- PrOpe r-+y eve [ ( �s c.h fie_ sdi s�o o� -I-y �.r1 u s-� b [ ,w oty re CL r`acCu ( n-10 -to a c v e lec�o�; n w�c�{e shczl �. IT � h� a 5uc��+1 ot�f, o-P-F liarrowe rdee oe 5., What are the names of county or district`officers,.=servantsa�z `1 employees ca s ng the damageor injury? �r� was 1 r1 Glia r e re - c�a n r1� ► P roJ e c ----- ----- - -- ies do- ---------------- -- -e-------e-- ------ 6. What damage or injuries do you claim resu ted? (Give full extent of ineuries r damages laaimedd. Attach es for �, coQ °`-yal ve � �,e- h, I � OLI 7. ow was the amount claimed above computed? (Include t 49r)e amo t of any prospective injury r Oam�e. ) b ye h0 1Q.I'2CrQim, s rzO y E xco- C�� �pYr- -- �- - -- --- --- -- ----- ------- 8. Names and addresses of witnesses, doctors and hospitals. R61:5-5e- [ ( moo n�c� ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: ITEM AMOUNT /astr r .. to 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 51*,(Y\ 50 0 C a j. i s S�gnat�50 &U / 77AA) e&0ur Ke, /-a.� U Ve-mr'7 n Add �e � Jose,�a ( t 3 Telephone No. Ct- 7R'� 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. " li __... --___-A_1- - 1 D E D CLAIM BOARD CIF SUMVISORS OF a RWCCOTA ODWff, cu nro A eoARfl AczloH Claim Against the County, or tdatriet ) 1VnCE SO CLAIMANT May 20 1986 governed by the Board of Supervisors, ) The copy a t led to you is rota Routing Endorsements, and Board ) notice of the action taken on yeta 01aim by the Action. All Section referenoes are ) Board of Supervisors (Paragraph IV, below), to California Government Codes ) given pursuant to Government Code Section 923 and 915.4. Please note all Warnings". Claimant: Dennis and Becky Woodruff- Conty Cou'rse's Attorney: Javies F. Gallagher APR 25 1986 Ropers , Majeski, Kohn,Bentley, Wagner & Kane Address: 655 1-iontgomery St. , Ste. 1600 Martinez, CA 94553 San Francisco, CA 94111 Amount: See original claim By delivery to clerk on Date Received: Ap r i 1 24, 1986 By mail, postmarked on April 22, 1986 I. FROM: Clerk of the Hoard of Supervisors TO: County COLMil Attached is a copy of the above-noted claim. 41 Dated: AID r i 1 2 5 . 19 8 6 PHIL BATCHELAR, Clark, By LDeputy II, : County Counsel 40: Clark of the Board Of Supervisors (Check only one) ( ) This claim complies substantially with Sections 910 and 910.2. (,X) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Hoard cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was fUesd late and send Warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: 9By: Deputy County Counsel III. FROM: Clerk of the Hoard TO: (1) Cc my Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ODER By unanimous vote of Supervisors present 00 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: 99 U 198b PHIL BATMMOR, Clerk. By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the de',,,# or this notioe was personally served or deposited in the mail to rile a court action an this claim. See Goverrment 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. FM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Maim in accordance with Section 29703. C ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. - DATM-% MAY 2 2392 PHILPHIL BATOODR, Merk, By , Deputy Clerk _ 1 LAW OFFICES HAROLD ROPERS ROPERS, MAJESKI, KOHN, BENTLEY, REDWOOD CITY OFFICE (1904-1966) WAGNER 6t KANE 1125 MARSHALL STREET CALIFORNIA4063 LAW OFFICE OF A PROFESSIONAL CORPORATION REDWOOD CITY, -8200 1A TELEPHONE(4I5)364.8200 RON W.FIELDS _ 655 MONTGOMERY STREET,SUITE 1600 655 MON'T'GOMERY STREET,SUITE 1600 SAN JOSE OFFICE SAN FRANCISCO,CALIFORNIA 94111 SAN FRANCISCO,CALIFORNIA 94111 80 NORTH FIRST STREET,SUITE 300 OF COUNSEL (415)786.2600 SAN JOSE,CALIFORNIA 95113 HAROLD CLINTON BROWN TWX 9103785211 TELEPHONE(408)287.6262 ROPERS RDCY April 21, 1986 Clerk of the Board of Supervisors Contra Costa County Room 106 , County Administration Building 651 Pine Street Martinez , California 94553 RE: Claim of Dennis Woodruff and RECEIVED Becky Woodruff Against the County of Contra Costa APR-X4 1986 Our File No. : FMR14-3060F Dear Sir : PHIL BATCHELOR LEAK TRARD A TA O!�� We enclose Notice of Insufficiency and/or Non B Claim received by us on April 18, 1986 in connection with the above Claim of Dennis and Becky Woodruff and refer to Item No. 7 thereof. In accordance with Item No. 7 , we enclose for your information in considering this claim copies of the following: 1. Complaint for Damages and Subrogation (Negligence, Nuisance, Violation of Government Code 835 , and Inverse Condemnation) of State Farm Fire & Casualty Company against Robert R. Sheets, et al. , filed on January 26 , 1984 in Contra Costa County; 2. Answer to above Complaint of State Farm Fire & Casualty Company by defendants Dennis and Becky Woodruff, filed December 30, 1985 in Contra Costa County; 3 . Complaint of Allstate Insurance Company, Inc, against Dennis C. Woodruff, Becky L. Woodruff, et al. , filed December 30, 1985 in Contra Costa County; and 4 . Answer to above Complaint of Allstate Insurance Company by defendants Dennis C. Woodruff, Becky L. Woodruff, et al. , filed February 20 , 1986 in Contra Costa County. a 1 UW OFTICES ROPERS, MAJESKI, KOHN, BENTLEY, WAGNER &KANE A PROFESSIONAL OORPORATION Clerk of the Board of Supervisors Contra Costa County April 21, 1986 Page Two If you require any further information in connection with this Claim, please do not hesitate to contact the undersigned. Yours very truly, Jam s E. Gallagher JEG:bck Encl. C.", E It, 1 � . P, NOTICE OF INSUFFICIENCY � �� ����� AND/OR . APR 181986 NON-ACCEPTANCE OF CLAIM CALSWARED FILE . ... ... TO: James E. Gallagher Ropers, Majeski, Kohn, Bentley, Wagner & Kane 655 Montgomery St. , Ste. 1600 San Francisco CA 94111 Re: Claim of DENNIS and BECKY WOODRUFF Please Take Notice as follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails' to comply substantially with the requirements of California Government Code Section 910 and 910 .2, or is otherwise insufficent for the reasons checked below: 1. The claim fails to state the name and post office address of the claimaint. 2. The claim fails to state the post office address torwhich the person presenting the claim desires notices to be sent. x 3. The claim fails to state the date, ptk=ar xatlxffXx(Xi Xa=X of the occurrence or transaction which gave rise to the claim asserted. (See #7) 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. 5. The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6. The claim is not signed by the claimant or by some person on his behalf. x 7. Other: Please state the date of service of complaint (or date answered, if not served) (See Govt. Code 9901) Also, attach filed endorsed copy thereof, if available. VICTOR J. WESTMAN,' County Counsel By: '%_eNtL Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§1012, 1013a, 2015.5; Evid.C. §§641, 664) My business address is the County Counsel's Office of Contra Costa County, Co.Admin.Bldg. , P.O. Box 69, Martinez, California 94553, and I am a citizen of the United States, over 18 years of age, employed. in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. .Mail) , which envelope (s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Ccsta County, California. certify under penalty of perjury that the foregoing is true and correct. Dated: April 17, 1986 , at Martinez, California. cc: Clerk of the Board of Supervisor (original) Administrator (NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. C. §S910, 910.2, 910.4 , 910.8) JAI'l 26 19r; JAMES F. HARRIS J. 1`; C' 53,�` YORK, PURESH & KAPLAN CON7 i�A C6z:,I i" 2 17C8 Shattjck Avenue Sv Berkeley, CA 94709 ci-y 3 Telephone: ( 415 )548-7474 4 Attorneys for Plaintiff, it STATE FARM FIRE & CASUALTY COMPANY 5 6 SUPERIOR COURT OF CALIFORNIA T COUNTY OF CONTRA COSTA g 11 9 Ij STATE FARM FIRE & CASUALTY 25 5 4 9 COMPANY, NO. 10 Plaintiff, 11 COMPLAINT FOR DAMAGES VS . AND SUBROGATION 12 (NEGLIGENCE, NUISANCE s . ROBERT R. SHEETS, GEORGE MALANEY, VIOLATION OF GOVERNMENT 13 ANN MALADENNIS YEY, DENWOODRUFF and CODE 835, AND INVERSE BECKY WOODRUFF, COUNTY OF CONTRA CONDEMINIATION) 14 li COSTA and DOES I through 50, 15 Defendants. 16 27 Plaintiff alleges as follows : GENERAL ALLEGATION'S 19 1 1 . Plaintiff STATE FARM FIRE & CASUALTY COMPANY, is and at 20 all times herein mentioned was, a corporation duly organized and 21 existing under the laws of the State of Illinois. 22 2. Defendant ROBERT R. SHEETS is a resident of Contra Costa 23 County, California and is the owner and developer of a lot and 24 -Iinprovements there-on, known as 15 McCormick Road,' El Sobrante, 25 1** Contra Costa County, California 94803. 26 1 3. Defendants GEORGE MALANEY and ANN MALANEY are residents of 2 Contra Costa County, California and are the owners and developers 3 of certain real property with improvements thereon, known as 626 4 La Paloma Road, E1 Sobrante, Contra Costa County, California 5 94803. 6 -4 . Defendants DENNIS WOODRUFF and BECKY WOODRUFF are resi- 7 dents of Contra Costa County, California and are the owners and 8 i developers of real property and improvements located thereon, i 9 known as 616 La Paloma Road, E1 Sobrante, Contra Costa County, r 10 i California 94803. c 11 5. The true names or capacities , whether individual , corpor- 12 ate, associate or otherwise, of defendants named herein as as f 13 i DOES 1 through 50, inclusive, are unknown to plaintiff who there- 14 fore sues said defendants by such ficticious names. Plaintiff J 15 will ask leave to amend this complaint to show their true names 71 i 16 and capacities when they have been ascertained . Each of the DOE J' 17 defendants is responsible in some manner for the events herein 18 referred to, and have caused damage and injury proximately there- 19 by to plaintiff. i20 6. Each of the defendants sued herein was at all times the 21 agent and employee of each of the other defendants and was at all 22 times acting withing the purpose and scope of said agency and 23 employment. - `,,24 7. Plaintiff STATE FARM FIRE & CASUALTY COMPANY issued 25. policies of insurance to HAROLD and WANDA RICKER and to ROBERT 26 and FRANCES FkORES to cover dwellings and appertinent lands D 2 I located at 4642 Driftwood Court, E1 Sobrante, California and 4622 2 Driftwood Court, El Sobrante, California, respectively. 3 I FIRST CAUSE OF ACTION (Negligence Against Defendants Sheets, Malaney, 4 Woodruff and Does 1 through 20) 5 ; 8. Plaintiff incorporates by reference paragraphs 1 through 6 17 of the complaint as alleged herein. 7 9 . Defendants SHEETS, MALANEY, WOODRUFF, and DOES 1-20 were 8 I at all times mentioned herein, the owners of real property with 9 j lots that abut upon a natural drainage area and a drainage ease- 10 ment recorded on maps of tract 2293 in the County of Contra i 11 ! Costa, California. i + off < 12 10. Plaintiff is informed and thereon alleges that said V, 13 ; defendants , and each of them, so negligently owned, developed , v; r 14 I and maintained their properties as to cause unengineered fill on �-^ o Y 15 i their respective properties to slide, blocking the natural and L 0 16 artificial drainage ways at the rear of their properties. 17 11 . The blockage of the drainage ways at the rear of defen- 18 dants ' properties has dammed-up and caused a diversion of the I 19 waters intended to flow through the drainage area . The waters i 20 j now flow through subsurface channels and have caused a weakening 21 j of` the soils on the lots to the south of Driftwood Court. 22 12. On or about March 31, 1983, the slope on the south side 23 of Driftwood Court failed , causing damage to the lands and - 24 24 improvements thereon, among which are the dwellings owned by Mr. 25 and Mrs. Bricker and Mr. and Mrs. Flores and which are insured by 26 plaintiff. ' - 1 ,� 3 � . II !I 1 13. Plaintiff is informed and believes and thereon alleges 2 I that the damage to the insured properties would not have occurea 3 but for the presence of subsurface waters caused by the damming 4 and diversion of the natural and artificial drainage ways located 5 at the rear of defendants ' properties. 6 14 . Plaintiff has been required under the terms of the 7 I insurance policies in force to expend sums of money in order to 8 repair the lands and improvements located thereon damaged by the 9 actions of defendants. Plaintiff is subrogated to the rights of r10 its insureds to recover its expenditures from responsible parties U; R 11 and hereby makes claim for the damages incurred, which amount is 1? presently unknown due to the continuing nature of the damages , but will be alleged and proven hereafter at trial. J � 13 g 14 SECOND CAUSE OF ACTION ec (Negligence Against County of Contra Costa 15 i and Does 20 through 40 ) 16 15. Plaintiff incorporates by reference paragraphs 1 i 17 II -through 14 of the complaint as alleged herein. 18 I: 16 . At all times mentioned herein, the COUNTY OF CONTRA 19 COSTA was a public entity organized and duly existing under laws 20 of the State of California. 21 17 . . Plaintiffs are informed and believe and thereon allege 22 1 that defendants COUNTY OF CONTRA COSTA and DOES 20 through 40, 23 inclusive, were the public entities responsible for the regula- 24 tion and inspection of the development of the properties 'belong- 25 ing to the other named defendants. 26 i 4 i I I 1 18. Plaintiffs further allege that defendants, and each of 2. them, failed to take reasonable care in the regulation, enforce- 3 ment, inspection or testing of fil'1 placements and improvements i 4 located on the properties in and around the area of the drainage 5 easement recorded on maps of tract 2293 in the County, of Contra 6 Costa , California . 7 19. The acts and omissions of defendants, and each of them, 8 f as alleged , herein proximately caused the earth movement and 9 I landslide on the properties insured by plaintiff , destroying and C 10 damaging improvements thereon. Q. o Y cjR 11 ( 20. By reason of the foregoing acts and omissions of defen- I < �^ 12 { dams, plaintiff has been required under the terms of the insur- U, rZ 13 ance policies in force to expend sums of money to repair the C v. � 14 i lands and improvements located thereon, owned by plaintiff ' s cc 15 policy holders. Plaintiff is subrogated to the rights of its L " } 16 insureds to recover its expenditures from responsible parties and 17 ! *hereby makes claim for the damages incurred, which amount is 18 presently unknown but which will be shown hereafter at trial . i 19 THIRD CAUSE OF ACTION (Violation of Government Code Section 835 Against 20 Defendants County of Contra Costa and Does 20 through 40) 21 I 21 . Plaintiff incorporates by reference paragraphs 1 through 22 20 of the complaint as alleged herein. 23 22. Plaintiff is informed and believes and thereon alleges 24 that defendants COUNTY OF CONTRA COSTA, SHEETS, WOODRUFFS, 25 MALANEYS and DOES 1 through 50, have at all times had an owner- 26 ship interest in a drainage easement located to the west of 5 f II I Driftwood Court, E1 Sobrante, California, recorded on tract map 2 12293. Plaintiff is presently unaware of the exact nature of the 3 I respective ownership interests of these defendants, and when such 4 I exact interests have been ascertained, plaintiff will ask leave- . 5 i of this court to amend this complaint to allege such interests . 6 i 23. Commencing with the Spring of 1978 and continuing to 7 present, the ownership and maintenance of the drainage easement 8 i by defendants COUNTY OF CONTRA COSTA and DOES 20 through 40 has 9 created a dangerous condition in the drainage easement and upon r - 10 properties adjacent thereto, with a reasonable forseeability that G.. c t 11 injury would result to neighboring properties. s 12 ! 24 . Plaintiff ' s insureds did actually sustain injury to R V 13 their property as a direct result of the dangerous condition 3 � $ 14 which existed in and around the drainage easement, such that d � bn 15 1 damage has occurred to the lands and improvements insured by z 16 plaintiff . i 17 25 . Defendants , and each of them, had knowledge of the 18 dangerous condition on their property sufficiently in advance of 19 the actual injury suffered by plaintiff ' s insureds and could have 20 i taken measures to protect against the dangerous condition. 21 I 26. Defendants , and each of them, failed to take such cor- 22 rective measures, thereby causing injury and damage to plain- 23 tiff 's insureds to an extent and amount which will be shown 24 hereafter at trial. 25 27. By reason of the foregoing acts. and omissions of defen- 26 dants, plaintiff has been required under the terms of the insur- I6 I ance policies in force to expend sums of money to repair the 2 lands and improvements located thereon, owned by plaintiff 's 3 policy holders. Plaintiff is subrogated to the rights of its 4 insureds to recover its expenditures from responsible parties and 5 hereby makes claim for the damages incurred, which amount is t 6 presently unknown but which will be shown hereafter at trial. 7 ( 28 . As subrogee of its -insureds, plaintiff has incurred and 8 will incur, attorneys fees, appraisal fees, engineering fees and 9 I other costs because of this proceeding, in amounts that cannot 10 yet be ascertained, which are recoverable in this action under i 11 the provisions of Section 1036 of the Code of Civil Procedure. cZ < 12 FOURTH CAUSE OF ACTION I Y � (Nuisance Against All Parties) 1; zz z 13 29. Plaintiff incorporates by reference paragraphs 1 through 14 -- cY 28 of the complaint as alleged herein. 15 30 . At all times herein mentioned, defendants COUNTY OF 16 - CONTRA COSTA, SHEETS, MALANEYS, WOODRUFFS and DOES 1 through 50, 17 .have improperly used , filled, and maintained the drainage ease- 18 ment in such a manner as to constitute a continuing nuisance to 19 the property of plaintiff ' s insureds in that said use and main- 20 tenance diverted the natural and artificial surface waters from ?1 the drainage easement into subsurface areas which have ulti- 22 mately caused the weakening of soils and movement thereof in and 23 around the properties of plaintiff ' s insureds. 24 31 . Said use and maintenance of the drainage easement by 25 defendants, and each of them, constituted a nuisance within the 26 7 II i i I meaning of Section 3479 of the Civil Code, in that it interfered I `I 2 with the comfortably: enjoyment and free use of plaintiff ' s 3 , insured ' s propety. Defendants and each of them have been placed 4 i on notice of the damage caused by said nuisance, and have been 5 i requested to abate said nuisance, but defendants and each of them 6 have refused and continued to refuse to abate said nuisance. 7 32 . As a result of said nuisance, plaintiff ' s insureds have I 6 ! been damaged in an amount which will be proven hereafter at i 9 trial . Plaintiff is subrogated to the right of its insureds to C 10 recover damages from the responsible parties and hereby makes C- rc 11 claim for said amount which is presently unknown , but which will 12 be shown hereafter at trial . I s U 13 FIFTH CAUSE OF ACTION (Nuisance Against the County of Contra Costa 14 and Does 20 through 40) C Y � ea 15 33 . Plaintiff incorporates by reference paragraphs 1 through L 16 32 of the complaint as alleged herein. 17 I 34 . Defendant COUNTY OF CONTRA COSTA and DOES 20 through 40, 18 use, control and maintain a drainage easement located to the east i 19 of Driftwood Court and recorded in the plot maps for tract number 20 2293 of the County of Contra Costa, California. I 21 35. Said drainage easement is maintained and controlled by 22 I defendants, and each of them, for the benefit of the public for 23 I the discharge of surface waters and storm overflow from an area 24 southward from Pebble Drive, E1 Sobrante, California. 25 36. Defendants and each of them, were placed on notice of 26 the damming and diversion of the drainage in the easement since i 6 i P I 1 the Spring of 1978 and continuing to the present. In spite of . 2 such notice, defendants, and each of them have continued to .allow 3 surface waters to drain into the dammed area for the benefit of 4 the County residents, but in such a way as to endanger the pro- 5 I perty of plaintiff ' s insureds.- 6 nsureds.6 37. The continued use of the drainage easement by the COUNTY 7 j OF CONTRA COSTA and DOES 20 through 40 in spite of the knowledge I 6 i of defendants and each of them that such use was damaging the 9 property of plaintiff ' s insured, constitutes a taking of the pro- 10 perty of plaintiff ' s insureds .for `the public good for which . 11 ; plaintiff 's insureds should be compensated for their damage in an 12 i amount according to proof at trial . YF t I 3 13 i 38 . On or about June 22, 1983 , plaintiff caused to be pre- [4 14 I sented to the County Offices of defendant COUNTY OF CONTRA COSTA C Y 15 ( a claim for damages sought in this action, a copy of which claim � 16 is attached hereto as Exhibit "A" , and incorporated herein by 17 reference. On or about July 26, 1983, defendant COUNTY OF CONTRA 18 COSTA rejected plaintiff ' s claim and served a statutory notice of 19 i rejection of such claim on plaintiff, indicating that plaintiff 20 I had six months from the date of the rejection notice to file a 21 I court action on this claim pursuant to Government Code Section 22 945.6. This action is filed within the six month period set 23 forth in Government Code Section 945:6 . A copy of said notice of 24 rejection is attached hereto as Exhibit "B" and is -incorporated 25 by reference. 26 9 1 I 1 39. Plaintiff ' s insureds have received no compensation from 2 defendants COUNTY OF CONTRA COSTA and DOES 20 through 40 nor from 3 any other public entity for the damage to their property. --. 4 Because of the loss of lands and improvements owned by plain- 5 tiff ' s insureds , plaintiff has been required to expend sums of 6 money to repair the damage to said property. Plaintiff is sub- 7 rogated to its insureds ' rights to recover these expenditures i 8 from the public agencies whose actions resulted in the taking of 9 i said property for the public use. C ri 10 WHEREFORE, plaintiff prays judgment against defendants CL 0, Y L � 11 and each of them as follows: I � r 12 j 1 . For damages in an amount that will be proved at trial 5 f 13 with interest thereon at the legal rate from the date of damages ; v. 0 14 2 . For reasonable attorneys ' fees , appraisal and engin- I� C Y � 0 15 eering fees , according to proof ; L � 0 16 3 . For costs of suit herein incurred ; and 17 4 . For -such other and further relief as this court may 18 deem just and proper. 19 DATED: January 25, 1984 t 20 21 YORK, BURESH & KAPLAN 22 23 By h"• .. JAMES M. HARRIS 24 Atto neys for Plaintiff 25 26 +) 10 • �'—fir ~ u W _ 1 ►1J a ' : _ m June 22 , 1963 +- 4a - cc LU Board of Supervisors ;omos�yti;:InL o 0 Contra Costa County p. acls I W ` 651 Pine Street , 1st Flo ,Z �'• , �,,;M;. Ni1CtV� Martinez , CR 9 +553 w , cc RE : Claim ?lumber : L70 02 . Date of Loss : 03 31 83 Location : 4622 Driftwood Court , E1 Sobrante , CA Insured : Flores , Robert & Frances Gentlemen : Our investigation of this loss has revealed that you are respon- sible for the property damage to our insured' s property. Due to your failure to abate the dangerous condition , our insured has .suffered a severe loss to his property. This letter will serve as notification of our subrogation interest in the amount of $90, 000. 00. A follow-up letter in detail with related reports , theory of liability , and cost will follow. Should you have any questions rep.ardin€ this loss , please feel free to contact my office by phone or mail. Very truly yours . LILLIE POLAND Sr. Field Claims Representative LN : as Exhibit "A-1" - •a a y .. Q I i I W C"ILL CE July 5, 1983 W v_ fir. NA. c 1 „ iJ1Ad Ntl(113tl e F" ="a- I 1`' " W!nd3S jVN011d0 r' Mr. John B. Clausen O- o_ re - ( g = o County Counsel Vw xSN0�O1� y`hli.t 'iMit>u P. O. Box 69 Martinez , CA 94553-0116 i '— RE: Clain Number : 470 024 Date of Loss : 03 31 83 Our Insured : Flores , Robert & Frances Location : 4622 Driftwood Ct . , E1 Sobrante , CA 94803 Dear Mr. Clausen: We have received your notice of insufficiency and/or non- acceptance of claim. This letter is to advise you that we desire that you present all notices to P. O. Box 6265 , Albany , California, 947o6 (325h-B Pierce Street , Richnond , CA 9h804 ) . Our information is that as early as 1978 , the County placed Dennis and Becky Woodrift on notice to cease and Quit illegal dumping. This illegal dumping blocked the culvert , and in March 1983, this blocked culvert caused a ponding effect behind the slide which alloys water to percolate under the hill and is a direct cause of the landslide problem experienced by our insured. Tbe• County of Contra Costa is negligent in the handling of this matter. This illegal dumping and blocked culvert has never been remedied. And the nuisance continued to exist and to cause problems to the lateral support . This letter is notice of our subrogation interest in this matter. Very truly yours , LILLIE POLAND ' Sr. Field Claims Representative LIN a a Exhibit "A-2" NOTICE OF It7SUFFICIENCT t70N-ACCF.PT,ANCR OF CLAIM JUL 11993 T0: Ztate T•arm Fire t Csualty Co. (Flores, Robert t Frances Insured) Albany hill Service Center P.V. Pox C26s AlLuny, CA 94706 fie: Claii, of State rarn Tire a Casualty Co. (Flores, Robert i Frances Insured) Please Take Notice as follows: The claim you presented against the County of Contra Costa fails to comply substantially with the requirements of California Government Code Sectlom 910 and 910.2, or is otherwise insufficient for the reasons checked belcw, or will not be accepted for filing for the ' reasons checked below. 1. The claim fails to state a cause or action against the County of Contra Costa or any employee thereof. 2. The clalr. was not presented within the time limits prescribed In California Government Code Section 911.2. 3. The claim fails to state the name and post office address of the claimant X 4. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 5. The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim assertr ea- ` x 6. 'Phe claim falls to state the name(s) of the public employee(s) causing, the injury, damage, or loss, If known. 7. The claim fails to state the amount claimed at of the date of presentation, the estimated amount of any prospective Injury, damage, or loss so far as known, or the basis of computation of the amount claimed. d. The claim Is not signed by the clalmaiit or by some person on his behalf. 9. Other: JOHN H. CLAUSEN, County Counsel By: �'� V, Deputy Counsel Y CFR:IFICATT OF SF.RVICF: AY MAIL (C.C.P. § 1 , 2013a. 2015.5; Evid.C. 51641, 664) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg., P. 0. Box 69. Martinez. California 94553. and 1 am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it ir.'an envelope(s) addressed as shown above (which Ss/are place(*) having delivery service by U.S. Mail), which envelope(s) was then sealed and postale fully prepaid thereon, and thereafter was, on j this day deposlt^d, in the U.S. Mail at Martinez/Concord, Contra Costs County, California. I certify under penalty of perjury that the toregoing is true and correct. i Dated: June 30, 1983 , at Martinez, California. cc: Clerk of Board of Supervisors (riginal) Administrator ' CC-33: 200:3/78 (NOTICE OF I))SJFFICIENCY OP CLAIM; GOVT. C. 55910, 910.2, 910.4, 910.8) Exhibit "B-1" • 1 AMEND"n JUL 28 192 - CLA. _ BCS OF SUFMRVn RS OF OMn?A COM COEYNW, GUMUOaA BWM ACTION July 26, 1983 izi t the County, ) NORM TO C[.A32. T - -x3orserents, and ) The copy of this docanent REto you is your ion. W1 Section ) rotioe of the action taken on your claim by the " s are to California ) Board of Supervisors (Paragraph III, below) , , Coe.) ) given pursvant to Omerment Code Sections 913 i 915.4. plea a note the "Warring" below. State Farm Fire & Casualty Co. (Flores, Robert & Frances Insured) Albany Hill Service Center P.O. Box 6265 Albany, CA 94706 $90,000. 00 via County Counsel _ By delivery to Clerk on July 7, 1983 .ved: July ?, 1983 By mail, postmarked on Certified P24 31490 JM: Clerk of the Board of Supervisors Tb: County Counsel AMENDED :tacked is a copy of the above-noted Claim. t 7/7/83 J.R. CLSSCV, Clerk, By Deputy eeni-mal o :�V-: County Counsel. T0: Clerk of U-*- r 01 S4ervi.sors peck one gnly) rX/�l �}�te / is'lCla-m ccrrplies substantially with Sections 910 and 910..2. is Claim FAILS to amply substantially with Sections 910 and 910.2, and we e so notifying claimant. The Board cannot act for 15 days (Section 910.8) . a.;n is not timely filed. Board should reject claim on ground that it was Led late. (S911.2) IIt 5 JOHN B. CUWSENs CDunty Cm-z4,, By - , Deputy 1x By uranirmus vote o Spe=vis pPesent :sq cla i m is rejected in full.. s claim is rejected in full because it was not presented within the time - . :.owed by law. certify that this is a true and correct of the Board's Order entered Its minutes for this date. . X 2 6 1983 J.R. am-cm, clerk, by. / , Deputy K4RH (Gov't. C. 5913) Subject to certain exoept.ioais, you have only six (6) months from ate this rotioe was perso,-ally delivered or deposited in the mail to a court action on 'this claim. See (trmrrr.ent Code Section 945.6. Lou ray seen the &Moe of any attorney of your doioe in connection "..T,is trotter. If you want to consult an attorney, you should do so 'OHNE" OFA PARTY WITHOUT ATTORNEY(NAME AND ADDRESS) TELEPHONE: FOR COURT USE ONLY ROPERS, MAJESKIi KOHN, BENTLEY & WAGNER 415/788-2600 655 Montgomery Street, 16th Floor San Francisco, California 94111 'TOANEY FOR(NAME) Defendants DENNIS -and BECKY .WOODRUFF ser',name of court,judicial district or branch court,it any,and post office and street address: Ll SUPERIOR COURT OF THE STATE OF CALIFORNIA 1J_G 30198 IN AND FOR THE COUNTY OF CONTRA COSTA Contra Costa County Courthouse P.O. BOX 911 R. OLSSON; Count Clerk Martinez, CA 94553 c e'Ti .ACOSIACOUN':'i LAINTIFF: — tl i�� ' RIA STATE FARM FIRE & CASUALTY COMPANY 1EFENOANT: ROBERT R. SHEETS, GEORGE MALANEY, ANN MALANEY, DENNIS WOODRUFF and BECKY WOODRUFF, COUNTY OF CONTRA COSTA, and DOES 1 through 50 %NSWE.R—RLxftw tuMy, Property Damage, Wiangla Ale2lb CASE NUMBER: COMPLAINT OF(name): STATE FARM FIRE & CASUALTY COMPANY 255495 = CROSS-COMPLAINT OF (name): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 3 DEFENDANT OR CROSS-DEFENDANT(name): DENNIS WOODRUFF and BECKY WOODRUFF 2. ( j Generally denies each allegation of the unverified complaint or cross-complaint. 3. a. r�- DENIES each allegation of the following numbered paragraphs: b. ADMITS each allegation of the following numbered paragraphs: e. L, DENIES, ON INFORMATION AND BELIEF, each allegation of the following numbered paragraphs: d.,C DENIES, BECAUSE OF LACK OF SUFFICIENT INFORMATION OR BELIEF TO ANSWER, each allegation of the following numbered paragraphs: e. r--- ADI'AITS the following allegations and generally denies all other allegations: (Continued) Forrr Approve:by rh! Jue.c-aleo.,ncifofCai1+ornu ANSWER--Personal Injury, Property Damage, Erecv.e Jaeua7 1.1982 _ w.......,-n nes•r. - rre Alk u u PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 ' 1 I declare that: 2 1 I am a resYtewtx1of/employed in the County of 3 san .Francisco. California - I am over the age of eighteen yeas 4 andonot a party to the within cause; my business/z=jAerqM address is 655 Montgomery Street, 16th Floor , San Francisco, 5 California. On December 27, 1985 I served the within 6 ANSWER-Property Damage 7 on the person(s) or firm(s) listed below in said cause, by placing 6 a true copy thereof enclosed in a sealed envelope with postage 9 thereon fully prepaid, in the United States Mail at 655 Montgomery 10 Street, San Francisco, California, addressed as follows: James M. Harris, Esq. 11 York, Buresh & Kaplan 1708 Shattuck Avenue 12 Berkeley, CA 94709 13 14 15 16 17 18 19 20 21 22 23 I declare under penalty of perjury that the foregoing is true and 24 correct, and that this declaration was executed on December 27, 1985 at San Francisco, California 94111. 25 26 Y CKiser 27 Bobby GZWSIA Type name S gnatureT 28 tAr•omen ROPERS,MAJESKI,KOHN, BENTLEY & WAGNER IL PPX"ssloNAL COM-00WON 663 WNTOOWILAY fTwttT SWITt low SAN FRANCISCO 56111 SHORT TITLE: CASE NUMBER STATE FARM FIRE & CASUALTY COMPANY vs. ROBERT R. 255495 ANSWER—Personal Injury, Property Damage, Wrongful Death Pape two f. M DENIES the following allegations and admits all other allegations: 9.r7 Other(specify): AFFIRMATIVELY ALLEGES AS A D FENS 4. CC,, comparative fault of j1Jjxha W-xarxA2Wrname): Harold and Wanda Ricker and as follows: Robert and Frances Flores Failed to protect property against earth movement hazard. S. [}1 The expiration of the Statute of Limitations as follows: CCP 3 3 8 and 3 4 3 . b. i XJ Other(specify): a. Wrongful acts of others; b. Unavoidable event, and c. Failure to mitigate damages by plaintiff 's insureds. 7. DEFENDANT OR CROSS-DEFENDANT PRAYS For costs of suit and that plaintiff or cross-complainant take nothing. r7 Other(specify): James E. Gallagher (Type or print name) (S.gnature of party of attorney) -')RNEY OR PARTY WITHOUT ATTORNEY(NAME AND ADDRESS) Tg68ONE: FOR COURT USE ONLY (209) 52 ARDOZO, NICKERSON, MARTELLI , CURTIS AND ARATA :10 3 4 130 12th Street, Suite G, P.O. Box 3030 :desto, CA 95353 "J NEY FOR(NAME), j L )NIRA COSTA SUPERIOR COURT, STATE OF CALIFORNIA '-i-,NTA COSTA C&Nl�y ONTRA COSTA COUNTY COURTHOUSE .0. Box 911 ..rtinez, CA 94553 ATIFF- ESTATE INSURANCE COMPA*, INC. --NDANT: Dennis C. Woodruff, Becky L. Woodruff, George Malaney, Ann Malaney, Robert Sheets OES 1 TOXXX Inclusive CASE NUMBER. M, PLAINT—Personal Injury, Property Damage, Wrongful Death MOTOR VEHICLE MOTHER (specify): Premises M,Property Damage Wrongful Death =Personal Injury Q Other Damages(specify): 1. This pleading, including attachments and exhibits, consists of the following number of pages: 4 2. a. Each plaintiff named above is a competent adult Except plaintiff(name). Allstate Insurance Co. , Inc. OM,a corporation qualified to do business in California =an unincorporated entity(describe): =a public entity(describe): =a minor =an adult for whom a guardian or conservator of the estate or P. guardian ad lilem has been appointed other(specify): other(specify): Except plaintiff(name): =a corporation qualified to do business in California =an unincorporated entity(describe): =a public entity(describe): =a minor =an adult for whom a guardian or Conservator of the estate or a guardian ad litem has been appointed other(specify): r7 other(specify): b. M Plaintiff(name): is doing business under the fictitious name of(specify): and has complied with the fictitious business name laws. C. Q Information about additional plaintiffs who are not Competent adults is shown in Complaint— Attachment 2c. (Continued) oiM Approved by the jtiel Council 61^wahfornia —0clive Jamun All" 1. 1982 COMPLY —Personal Ishiry, Properly Damage, Auto 142. if, Wrongful CCP 425.12 SHORT TITLE: CASE NUMBER: ALLSTATE INSURANCE VS. Woodruff ' 8U < <35 COMPLAINT—Personal Injury, Property Damage, Wrongful Death Pagetwo 3. a. Each defendant named above is a natural person Q Except defendant(name): Q Except defendant(name): Q a business organization, form unknown Q a business organization, form unknown Q a corporation Q a corporation Q an unincorporated entity(describe): jJ an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): C) other(specify): Q other(specify): Q Except defendant(name). Except defendant(name): Q a business organization, torm unknc%vn a business organization, form unknown Q a corporation Q a corporation Q an unincorporated entity(describe,) Q an unincorporated entity(describe): Q a public entity(describe): a public entity(describe): Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. Q Plaintiff is required to comply with a claims statute, and a. [] plaintiff has complied with applicable claims statutes, or b. Q plaintiff is excused from complying because(specify): 5. This court is the proper court because at least one defendant now rendes in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. injury to person or damage to personal property occurred in its unsdictional area. Q other(specify): 6. Q The following paragraphs of this complaint are al!eged on information and belief(specify paragraph numbers): (Continued) Page two r ' SHORT TITLE. CASE NUMBER Q � Allstate Insurance vs. Woodruff /, 0 ' '.J 5 COMPLAINT—Personal Injury, Property Damage, Wrongful Death (Continued) Page three 7. Q The damages clamed for wrongful death and the relationships of piatntiff to the deceased are listed in Complaint—Attachment*7as toliows: 7.5 At [ailtimes herein mentioned, -I vin Narasaki was a named insured of plaintiff f plaintiff a policy of insurance in full fOrce�-and effect issued by plaintiff under which ai.ntiff was obligated to and did make payments for the damages herein alleged and laintiff has become subrogated to all of the rights and entitled to all of the emedies of insured against defendants. 8. Plaintiff has suffered [�wage loss loss of use of property (� hospital and medical expenses general damage j property damage in sum of $17, 140.66 loss of earning capacity other damage(specify). 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair. just, and equitable, and for Eyicompensatory damages (Superior Court) according to proof C (Municipal and Justice Court) to the amount of S Cj other(specify). 11. The following causes of action are attached and the statements above apply to each (Each complaint must have one or more causes of action atrdchea) GI Motor vehicle =General Negligence Intentional Tort Products Liability Premises Liability Other(specify) EDGAR. H.. HAYDEN, JR. . . . . . _A (Type or print name) ;' r --— ;Signature et ptarnt�tt or auo#ifSey) r C AINT—Persotal Injury, Property Damage, Page three ,,,.� Bt;tz ^ tir�arcenr.i) Wrop.• ' 11 Delth (Continued) CCP 425 12 SHORT TITLE: CASE NUMBIf ALLSTATE VS. WOODRUFF 1st CAUSE OF ACTION—Premises Liability Page 4 (number) ATTACHMENT TO ®Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-i. Plaintiff(name): Allstate Inswrance Co. , Inc alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. On (date): or about Jan 1 , 1983 plaintiff subrogor!s property at 960t- (dswiption ofpremises and circumstances of injury): Driftwood Lt. El Sobrante in the above judicial district was damaged by landslide and conditions of drainage coming from defendants property above plaintiff' s subrogors property, to wit: -616 La Paloma, E1 Sobrante, California 94803 -626 La Paloma, El Sobrante, California 94803 - 15 McCormick Road, E1 Sobrante, California 94803 Prem.L-2. ® Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): ®Does_ I to XX — Prem,L-3. Q Count Two—Willful Failure to Warn (Civil Code section 8461 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does to _. Plaintiff, a recreational user, was Qan invited guest Qa paying guest, Prem.L-4. Q Count Three—Dangerous Condition of Public Properiy The defendants who owned public property on which a dangerous condition existed were(names): Q Does — to a. (Q The defendant public entity had =actual =constructive notice of the existence of the dangerous condition In sufficient time prior to the Injury to have corrected it. b. Q The Gond+tion was created by employees of the defendant public entity. Prem.L-3. a. U3 Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): ®Does XXI to _ XXX b. Q The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are (Q described in attachment Prem.L-5.b =as follows(names): Form Approved by 1"41 Judlc141 Gduncu of Cenro•m• E"eCp,January 1. 1982 CAUSE r`t' ACTION--Premises Liability CCP 425.12 ,,�NEr OF PARTY Wil"OUT ATTORNEY(DAME ► %DDAESS)' TELE►NC FWI COu►?uSE ONLY ROPERS, MAJESKI, KOHN, BENTLEY, WAGNER 415/788-2600 & KANE 655 Montgomery Street, Suite 1600 San Francisco, California 94111 AT?QQNEYFOR(NAVE) Defendants DENNIS C. and BECKY L. WOODRUFFcp Insert name of court,ludiciai district or branch court,if any,and post office and street address: SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA Contra Costa County Courthouse FEB 20 1986 P.O. Box 911 Martinez , CA 94553 ULSS^I�i, CoI<rty Clerk PLAINTIFF: Cr .T 17A ALLSTATE INSURANCE COMPANY, INC. J. LtVVTZi'" DEFENDANT DENNIS C. WOODRUFF, BECKY L. WOODRUFF, GEORGE MALANEY, ANN MALANEY, ROBERT SHEETS, and DOES 1 through 30, Inclusive. ANSWER—Personal Injury, Property Damage, Wrongful Death CASE NUMBER. ($$COMPLAINT OF (name): ALLSTATE INSURANCE COMPANY, INC. 280785 CROSS-COMPLAINT OF(name): t. This pleading. including attachments and exhibits, consists of the following number of pages: 3 DEFENDANTS3fl-GROWDE-PEWOAtVT(name): / - DENNIS C. WOODRUFF and BECKY L. WOODRUFF 2. [�j Generally denies each allegation of the unverified complaint or-cross-cofwpfas'nt. 3. a. r DENIES each allegation of the following numbered paragraphs: b. ` ADMITS each allegation of the following numbered paragraphs: e. DENIES. ON INFORMATION AND BELIEF,each allegation of the following numbe•ed paragraphs: d. C DENIES, BECAUSE OF LACK OF SUFFICIENT INFORMATION OR BELIEF TO ANSWER, each allegation of the following numbered paragraphs: e. ADf.!ITS the following allegations and generally denies all other allegations: (Continued) Foiw A;D'0-e2*y he JYc-c'of C04ACII c�cal'rorn6a ANSWER—Personal Injury, Properly Damage, J&-.,@r% 1 1982 ... .. --- -. SHORT TITLE: CASE wuM8ER ALLSTATE INSURANCE COMPANY, INC. V. DENNIS C. WOODRUFF, 280785 ANSWER—Personal Injury, Property Damage, Wrongful Death Page two t. DENIES the following allegations and admits all other allegations: g. n Other(specify): AFFIRMATIVELY ALLEGES AS AU��IStti f f ' s insured 4. a.- The comparative fault of s%atht"Xaox§;abXT)t axftsKXaHWX Alvin Narasak i as tollows: Failed to protect property against earth movement hazard. 5. EEI The expiration of the Statute of Limitations as follows: CCP 338 and 343 . 6. Other(specify): a. Wrongful acts of others; b. Unavoidable event, and c. Failure to mitigate damages by plaintiff 's insured. 7. DEFENDANT OR CROSS-DEFENDANT PRAYS For costs of suit and that plaintiff or cross-complainant take nothing. Cj Other(specify): James .E.. Gallagher _ . d—� Troy or a,�t name) (S.gnatute of oany or•:to.nay) PROOF OF SERVICE BY MAIL - CCP 1013a, 2015 .5 1 I declare that: 2 I am &xsasxdaatrxaf/employed in the County of 3 San Francisco, California I am over the age of eighteen years 4 and not a party to the within cause; my business/re xtSesaesefx 5 address is 655 Montgomery Street, Suite 1600 , San Franciscp 6 California. On February 4, 1986 , I served the within 7 ANSWER (of Dennis C. Woodruff and Becky L. Woodruff to 8 Complaint of Allstate Insurance Company., Tnn ) 9 10 on the person( s) or firm( s) listed below in said cause, by placing 11 a true copy thereof enclosed in a sealed envelope with postage 12 thereon fully prepaid, in the United States Mail at 13 655 Montgomery Street, San Francisco, California, addressed as 14 follows: 15 Cardozo, Nickerson, Martelli, Curtis and Arata 130 - 12th Street, Suite G 16 P.O. Box 3030 Modesto, CA 95353 17 18 19 20 21 22 23 I declare under penalty of perjury that the foregoing is true 24 and correct, and this declaration was executed on February 4, , 25 1986 , at San Francisco, California 94111. 26 27 Bobby C. Kiser Type Name Signaturf. 28 LA%OFFICL -OPER.MAJESK1.KOH". �TLEY.%AG"ER&VANE <TREET ELITE IhC • FRA%(.1S:"1,CA 94111 C UX BOARD OF SUPERVISORS OF OMM OO.STA COMM, COLL BOARD ACTION Claim Against the County, or bletriet ) WnCE 10 CLLU4W Nav 20 , 1986 - governed by the Board of Supervisors, ) The copy of a t led to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) Board of Supervisors (Paragraph I9, below), to California Government Codes ) given pursuant to Government Code Section 9113 and 915.4. Please note all SWarnings". Claimant: Irene Montez Attorney: David S . Rosenberg APR lb 1986 5836 Ocean View Drive Address: Oakland, CA 94618 ,viartinez, CA 945& Amount: Unknown By delivery to clerk on Date Received: April 18, 1936 By mail, postmarked on April 1 6 , 1 9 R h I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. Dated: April 18 , 19 3 6 PHIL BATCHELOR, Clerk, Deputy Cathv Knowles 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: K: Deputy County Counsel III. FROM: Clerk of the Board 1O: (1) gmty 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 mi&� for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months Oram 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 ehoioe in connection with this matter. If you want to 'consult an attorney, you should do so immediately. V. FROM: . Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are oopies 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 meso 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: MAY 2 2. 1986 PHIL BATOODR, Clerk, By , Deputy Clerk ee: rnmty Admi ni ntrator f 91 rrnmtn resmQpi f 71 DAVID SAOSENBERG ATTORNEY AT LAW 5836 OCEAN VIEW DRIVE OAKLAND,CALIFORNIA 94618 (415) 652-5745 Date:4 16 86 Clerk of The Board P.O. Box 911 Martinez, CA 94553 Re: Claim to: Board of Supervisors Dear Clerk, Would you please take the action indicated regarding the enclosed documents? If you have any questions, I would appreciate a telephone call at (415) 652-5745. XXX File enclosed papers and return filed endorsed copy for our records. A stamped, self-addressed envelope is enclosed. A check for is enclosed. Please calender the motion referenced in our moving papers. Please issue summons and conform the copies enclosed. Please file the enclosed papers. No returned copy is enclosed. Sincerely, 4-"� L. Rebecca Rosenberg F=—� Assistant to David S. Rosenberg Enclosures CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CON*Q9WRYapplication to: Instructions to ClaimantC!erk of the Board P.O.Box 911 Martinez,C#Hfomia 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 fClerk' s filing stamps IRENE MONTEZ ) RECEIVEJD ) APR 11 1986 Against the COUNTY OF CONTRA COSTA) or DISTRICT) w���e�Tc«��oR CLER o0AR�*FUAPE0AkVI50XS Fill in name ) e The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ UNKNOWN and in support of this claim represents as follows: ----------------------------------------------------=--------=--- hou 1. When did the damage or injury occur? (Give exact date and r JANUARY 17, 1986 Where did-the damage or injury occur? (Include city and county) COUNTY MORGUE -----H---------------------------------------------------T--------------- 3. ow did the damage or injury occur? (Give full details, use extra sheets if required) CORONER refused to permit claimant to view body of her son, a homicide victim, or to take possession of his ring on grounds that her son's body had already been identified by his killer. ------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? SEE ITEM #3 (over) 1 _ CLUX BOARD OF SDP'B V 9DRS OF CNW OOS?A Oa'1!M, CALVaNIA BOARD ACTr0K Claim Against the County, or bletriot ) WMCE TO CLUMW May 20', 1986 governed by the Board of Supervisors, ) The copy s t mailed to you is your Routing Endorsements, and Board ) notice of the action taken on your claim by the Action. All Section references are ) ;60 d of Supervisors (Paragraph I9, belox), to California Government Codes ) given pursuant to Goveriment Code Section 913 and 915.4. Please note all wWarnings*. Claimant: Jose, Rudolph, David, and. Chris Melgosa Attorney: Fernando F. Chavez 2160 The Alameda APR 2 :: 1986 Address: San Jose, CA 95126 Martinez, CP.94b53 Amount: See page 3 By delivery to clerk an Date Received: April 24, 1986 1W mailpostm�rf�ec�og4Anr i l 23 , 1986 Yxpre?s r.?ai I. FROM: Clerk of the Board of Supervisors Ta: County Counsel Attached is a copy of the above-noted claim. Dated: April r i 1 2 5, 19 0 6 PHI, BATCIiIIAR, Clark By ; �,_� '1.� 1i Deputy at v Kn w es II. FROM: County Counsel 1U: Clerk of the Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to oamply 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: I Deputy County Counsel III. FROM: Merk 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 ( 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 mi ngF this date. Dated: UU 1986 PHIL BATCHQAR, Qerk, By , Deputy Clerk WARNING (Gov. Code Section gl3) Subject to certain exceptions, you have only six (6) eonths from the date of this notice was personally served or deposited in the rail to file a court action an this claim. See Goverrment Code Section 945.6. You may seek the advice of an attorney of your choice in oorrmtion with this natter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimantts right to apply for leave to present a late claim was mailed to claimant. DATED: MAY 2 2. 1986 RM BAMMOft, Clerk, By 4, Lx\,,>4 L-o , Deputy Clerk W! rewinty Administrator (7) #%YVMty rAWWN-Q 1 (11 . 1 '' ERNANDO F. CHAVEZ, ESQ. FERNANDO F . CHAVEZ, A LAW CORPORATION 2 2160 THE ALAMEDA SAN JOSE, CA 95126 3 408/241-3903 4 PETER J. McNULTY, ESQ. 315 S. BEVERLY DR. No. 315 5 BEVERLY HILLS , CA 90212 213/277-2323 6 Attorneys for Claimants 7 8 In the Matter of the Claim of: CLAIM FOR WRONGFUL DEATH JOSE MELGOSA, RUDOLPH MELGOSA, 9 DAVID M. MELGOSA and CHRIS M. MELGOSA, 10 Claimants , vs 11 BROOKSIDE HOSPITAL, COUNTY OF 12 CONTRA COSTA, A Governmental RECEIVED Entity, HOSPITAL EMPLOYEES and 13 COUNTY EMPLOYEES , DOES 1 through APR ay 1986 100 , 14 Defendants. PMtI BATCHELOR / „GEEK OAR OF SUP£RVI S 15 sr NTRA rA co 16 TO THE GOVERNING BODY OF BROOKSIDE HOSPITAL and TO THE BOARD 17 OF SUPERVISORS OF COUNTY OF CONTRA COSTA: 18 YOU ARE HEREBY notified that the above-named claimants make 19 a claim for damages for the wrongful death of CHRIS MELGOSA. 20 Claimants ' mailing address is 1013 Hannon Dr. , San Pablo, 21 County of Contra Costa, State of California. 22 Claimants claim damages against each of the above-noted 23 parties , individually, in the sum of $1 ,000,000. 00. 24 This claim is based on the wrongful death of Chris 'Melgosa, 25 and under the following circumstances. 26 On or about January 18 , 1986 , ¢the decedent Chris Melgosa was 27 a patient at Brookside Hospital in the County of Contra Costa, 28 California. 1 1 Claimants contend that Brookside Hospital and the County of 2 Contra Costa knew or should have known that the decedent was in 3 agitated state of mind during his stay at Brookside and that they 4 failed to take adequate protection to insure his safety and well 5 being. That as a result of said failure, the decedent fell out of 6 his patient' s room window to his death. 7 Claimants further contend that Brookside Hospital and the 8 County of Contra Costa failed to make regular and hourly checks 9 to insure the safety of decedent ; that the hospital was 10 indaquately staffed to properly monitor the decedent; that 11 Brookside Hospital violated state licensing rules in failing to 12 check on the decedent every hour; that Brookside Hospital and the 13 County of Contra Costa failed to develop/prepare a patient plan 14 for the decedent Melgosa that should have taken into account his 15 agitated state of mind. That as a direct and proximate result of 16 the negligent and careless conduct of Brookside Hospital and its 17 employees , and the County of Contra Costa and its employees , the 18 decedent fell out of his bedroom window to his death. 19 Claimants further allege that any or all of the acts or 20 omissions above mentioned by the Brookside Hospital and by the 21 County of Contra Costa, their agents or employees , as set forth 22 herein constituted a reasonably foreseeable risk of injury to 23 claimant and further that the acts or omissions set forth herein 24 did proximately cause injuries received by claimant , on the 25 morning of January 18 , 1986. 26 This claim is not to be construed as limiting or excluding 27 any other theories of liability, legal or factual , which may 28 become known to the claimant upon discovery conducted during the 2 k 1 course of investigation or litigation. 2 The amount claimed as of the date of presentation of this 3 claim is $1 ,000, 000. 00 against each party, Brookside Hospital and 4 County of Contra Costa as of the date of this claim. 5 All notices or other communications with regard to this 6 claim should be sent to claimant at claimants ' attorney' s address 7 FERNANDO F . CHAVEZ, 2160 THE ALAMEDA, SAN JOSE , CA 95126 and 8 PETER J . McNULTY, 315 S. BEVERLY DR. No. 315 , BEVERLY HILLS, CA 9 90212. 10 Dated: April 23 , 1986 FERNAN CHAVEZ , A LAW ORPORATION 11 12 By:- - U FERN y ' FERN O F. CRAVE 13 Attorney for Claimants 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 j PROOF OF SERVICE BY MAIL 2 [ 1013a," 2015.5 CCP] 3 ROSARIO V. NEWELL 4 I , do hereby certify that I am a 5 resident, employed in the County of Santa Clara, over 18 years of 6 age , not a party to the within action, and that I am employed and 7 ray business address is 2160 THE ALAMEDA, SAN JOSE, CA 95126 8 On 4-23-86 , I served the within 9 CLAIM FOR WRONGFUL DEATH on defendants 10 11 in said action, by placing a true copy thereof enclosed in a 12 sealed envelope with postage thereon fully prepaid, in the United San Jose 13 States Post Office at California, addresse 14 as follows : 15 BOARD OF DIRECTORS BOARD OF SUPERVISORS BROOKSIDE HOSPITAL COUNTY OF CONTRA COSTA 16 2000 VALE RD. 651 PINE ST. .ROOM 106 17 _ SAN PABLO, CA 94806 MARTINEZ, CA 94553 18 19 20 21 I certify under penalty of perjury, that the foregoing is 22 true and correct. 23 Executed on 4-23-86 at San Jose 24 California. 25 / 26 S NATURE 21 28 UA3X BOARD GF 'umylm of OM =TA Comm-, cJtl aailRt — � Acriap Claim Against the County, or bietriet ) NMCE TO CLRIK *!' May Z 0, 986 1 governed by the Board of Supervisorse ) The copy a ed to you is your Routing Endorsemcnts, and Hoard ) nctioe of the action taken on yoga' claSa by the Action. All Section referenoes ars ) Board of Supervisors (Paragraph 199 belov),. to California Government Codes ) given pxisuant to Government Code Section 913 and 915.4. Please note all *Warning". Claimant: Andrea Jackson CUuntY Counsel Attoseeyt Stephine Wells MAY0 s 1986 1811 Grand Ave. , Ste. F Martinet Address: San Rafael , CA 94901 . CA. y .94P53 Amounts $,50, 000 . 00 By delivery to clerk on Date Received: May 8, 1986 BY mile postmarked m 2. : Mark o the Board of Supervisors 70: 66EWY Attached is a copy of the above-noted claim. bad: May 8 , 1986 PM B&Tagl,OR, Mark, By � Dsptity : County Counsel 70: C14tk sots (Check only one) CI) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to oamply substantially with Sections 910 and 910.29 and we ars so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on graand that it was tiled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: 1) Deputy ty Counsel OWN III. PSL: . _ erk of the Board 70: (1) ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notioe to claimant (Section 90.1.3). Ill. BOARD By unanimous vote of Supervisor's present (�) This claim is rejected in full. ( ) Other: certify that this is a true and oorrect copy of the Hoard's Order an in is dinutes for this date. t� Dated: MAY PHIL BATCfO.OR, Clerk, By , Deputy Clark WARNING (Gov. Code Section 913 Subject to certain eptions, you have Duly six (6) months from the doto of thia notice was personally served or deposited in the mail to file a court action on thin claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in owrAction with this matter. If you want to consult an attorney, you should do so immediately. 9. VIM: Qerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. Ve notified the claimant of the Warden action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed an the Board's copy of this Maim in a000rdanoe vitt Section 29703• ( ) A warning of claimant's right to apply for leave to present a late aloin mas mailed �'O �' t1986 (�, `� DATFD: NM B MMM. Qrrk_ By \�,r,+'_, Ll� 1�)9.� _ Deputy Clerk LAW OFFICE OF 1811 Grand Ave. StephZne M. Wells (415) 453-4747 Suite F San Rafael, CA 94901 May 6, 1986 Cathy Knowles , Deputy Clerk Contra Costa County Board of Supervisors County Administration Building P.O. Box 911 Martinez , California 94553 Re : Timely Filing of Complaint Dear Honorable Board Members : The enclosed complaint is presented again for filing . Andrea Jackson 's termination occurred on January 16 , 1986 ,there- fore ,that date is the accrual of her cause of action . More- over , when her claim was filed April 18 , 1986 , she had ten days remaining within the ambit of the 100 day rule . Accordingly , the injury complained about falls within the permissible and legal time frame pursuant to Government Code Sections 901 and 911 .2. If you have difficulty with dates preceding January 16 , 1986 ,you are respectfully requested to review those occurrances as they are intended , as background information . It is difficult to contemplate that the California Legislature in enacting the governing statute intended to preclude a full presentation of all incidents leading up to the alleged injury complained of,such as wrongful termination . Further , if you still object to any reference to 1985, this letter should clear up any concerns . Your timely response is appreciated . Very truly yours , AAA. Oid& Step ine M. Wells RE VEIL SMW:a j a MAY1966 w/enclosures PHIL AT [102 cc : Andrea Jackson L - aon fsuPov:.o ; p•.t: C 5T d CLAT.M TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY - RE: Claim By: ANDREA JACKSON Against the County of Contra Costa, HEALTH SERVICES DEPARTMENT, WEB BEADLE AND MARK FINUCANE The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District or entities in the sum of $ 50 , 000 . 00 and in support of this claim represents as follows: ---------------------------------------------------------------- 1 . When did the damage or injury occur? (Give exact date and hour) 1/ 6/86 at 5:00 p.m. 2. Where did the damage or injury occur? ( Include city and county) Martinez, Contra Costa County, California 3. How did the damage or injury occur? (Give full details) See attached Exhibit A 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See attached Exhibit A. In addition, the County allowed Beadle to invade Jackson's privacy. 5. What are the names of county or district officers, servants or employees causing the damage or injury? Web Beadle, Mark Finucane. See Exhibit A. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) Loss of benefits and income, money damages in the amount of $10,764.00 General damages : $3,000.00 Medical, mental and emotional, in the sum of $480.00 Future medicals : $5,760.00 Total: Approximately $20,000.00 . Emotional dist RECEIVED Ct!ATCMILOR EIVED MAY 1986 19 1985 9ATCHE COt C �. u e r of s .L. T `�, �, C�51 C' � 7. How was the amount claimed above computed? (Include the estimated amount or any prospective injury or damage. ) (a) Three months pay (b) Out-of-pocket medicals , present and future, for emotional distress. 8. Names and addresses of witnesses, doctors and hospitals. George Woods, M.D. Psychiatrist 1617 Broadway, Suite 9 Vallejo, CA 94590 9. List the expenditures you made on account of this accident or injury: Date Item Amount 1-14-n - present psychiatrist fees TTF0.00 1-12-86 - present legal fees $1400.00 SEND NOTICES TO; STEPHINE M. WELLS, ESQ. 1811 GRAND AVENUE SAN RAFAEL, CA 94901 (415) 453-4747 DATE: deo SIGNED: EXHIBIT A INTRODUCTION Andrea Jackson was first employed by Contra Costa County on September 21 , 1974 . After almost twelve years , she was terminated. Andrea progressed through the ranks holding first the position of Personnel Counsellor, then Administrative Analyst and later was promoted to Personnel Analyst III with a monthly ending salary of $3, 121. During her progressions, and until her mid-1982 performance review authored by Web Beadle, feedback concerning her job performance was good. Throughout her performance as a Personnel Analyst , Andrea continued to receive letters of commendation for outstanding job performances . Four examples of the commendation letters are attached hereto and made a part of by reference as Exhibit A, consisting of four pages. Web Beadle , Andrea ' s last supervisor , initiated her termination. He had become her supervisor in the latter portion of 1981 . Until he became her supervisor, her county employment record reflects a steady and favorable progression , without blemish. Beadle's first performance evaluation of Andrea's job as a Personnel Analyst III is dated May , 1982 ( Exhibit B) . This evaluation contained some criticism, however, the criticism was constructive. Later in a memorandum from Beadle to Andrea dated October 29 , 1982, Beadle acknowledged that Jackson's work kept her busy and he added that she was doing well. See Exhibit C Beadle ' s second evaluation of Andrea (May , 1983) also reflects, in general, clarity of direction; this evaluation, like the 1982 evaluation, was brief. See 1983 evaluation, Exhibit D. The turnaround in his evaluative style occurred on his 5/ 1/84 evaluation ( Exhibit E) . The change was not just the department 's change in performance evaluation format , but a change in the direction of Beadle's comments. His comments were more subjective rather than objective , measuring difficult qualities. He talked less about concrete lack of skills that she could improve. The 5/ 1/84 evaluation is pervasive with Beadle's concern about his responsibilities and begins to demonstrate fully the tenor of his criticism. - • His 1985 evaluation became more detailed , abstract , subjective, austere, grandiose and self-reflective. He even began to attempt to measure her lack of ability to anticipate and even Exhibit A assumed to measure when she should have been embarrassed. ( see Exhibit F. 1985 performance evaluation) At the same time, it is reported that Beadle's actions toward Jackson also changed. He is reported to have, on more than one occasion , thrown papers at Andrea when giving her an assignment. Her co-workers , aware that Beadle unnecessarily pressured Andrea, began expressing words of pity for her dilemma. Clearly, for whatever the reason, Andrea . had, by mid-1985, become Beadle's target for abuse. During most of 1985 , Beadle continued daily to monitor Andrea's work. His cryptic and caustic remarks to her about her performance increased. Whenever he approached her, her response became, "What did I do wrong now, Web?" . At the onset of Beadle ' s tyranny of demands, couched as criticisms, the department had just gained a new director, Mark Finucane. It is reported that Mr. Finucane set high standards. This may have frustrated Beadle as well as made him feel insecure about his job. However, while Beadle took his frustrations out on Andrea, she continued to receive letters of commendation from outside of the department. Finally, by the 5/23/85 evaluation, Beadle had swung full scale in his criticism of Andrea. His excess is evident in the length of the extensive review of Jackson 's performance and the fact that every single aspect of her ,job imaginable was detailed. II. CHRONOLOGY OF EVENTS On January 16 , 1968 , Andrea Jackson received personal service at her home of a notice and order of termination following a Shelly Notice advising her of a proposed termination at 5 :00 p.m. on January 15, 1986. The reasons for termination are alleged violations set forth as : Section C: Conduct tending to bring the merit system into disrepute; Section F: Insubordination; Section J: Violation of any lawful or reasonable order given by a supervisor; Section H: Unreasonable failure or refusal to undergo any physical or medical exam; Section 0: Dishonesty. The immediate factual setting prior to Ms. Jackson's 1st Skelly Notice begins approximately October 15 , 1985 . She 2 Exhibit A informed her supervisor, Web Beadle, that Dr. Morrison at Kaiser- Oakland had diagnosed breast cancer. Less than one month later, Mr. Beadle asked Jackson to provide written proof of her cancer diagnosis. On October 25 , 1985 , Jackson submitted a form to Beadle completed and signed by Dr. James Lee purportedly from Kaiser- Walnut Creek verifying her cancer diagnosis. (See Exhibit G) The record is devoid of the actual date Beadle received Dr. Lee's report . However , on November 12, 1985, Beadle wrote Dr. Lee requesting further information about Jackson 's medical condition; his motive for writing is unclear. (see Exhibit H) On November 19, 1985, Dr. James Lee wrote Beadle disclaiming any knowledge of Jackson as his patient and notified Beadle that the signature on the diagnosis was not his. Beadle ' s next move was to conduct a one-man follow-up investigation that included November 20 and November 27 , 1985 telephone calls to Kaiser and a November 29 , 1985 visit to Kaiser. (see Exhibits I , J) These investigations transpsired without Jackson 's knowledge. In fact , on 11/27/85, Beadle told Kaiser that he suspected that the document was a forgery. See Exhibit K. With knowledge of Dr . Lee 's response , Beadle drafted a memorandum directing Jackson to undergo a physical examination by Dr. Phifer. (see Exhibit L) The memorandum contained blatant misrepresentations. This memorandum proves that Beadle misused his authority as supervisor for the sole purpose of initiating procedures to terminate Jackson by setting her up to violate county regulations. On December 2, 1985, Jackson was given the memo directing her to undergo a medical exam. The exam was scheduled for the date in the memo, December 2, 1985. Jackson did not keep that appointment. Morover , Beadle 's most shocking and outrageous conduct was his attachment of Dr. Lee's October 25 , 1985 diagnosis to his note to Dr . Phifer. Clearly, he attempted to deceive Dr . Phifer and solidify his Jackson trap since it is evident from the record that he at least suspected that the Lee document was forged by Jackson . Therefore, he tried to use Dr. Phifer as a pawn in his malicious and vindictive game. On December 3, 1985, Beadle gave Jackson a Skelly Notice advising her that she was terminated. The notice was obviously 3 Exhibit A prepared prior to her refusal to see Dr. Phifer and was not a result of her refusal as he claimed. The record indicates that as of December 2, 1985, there was no evidence that refuted Jackson 's statement that she had terminal cancer . She was suddenly demanded to undergo an immediate exam. She had no knowledge that Dr. Lee 's statement was being suspected or questioned as a forgery. She was not on notice that her supervisor was ordering her to undergo a physical examination for the express purpose of validating his suspicions. If she refused the exam, and in fact believed she had cancer, her refusal is reasonable. On the other hand, if she fabricated a cancer diagnosis, her mental health would be at issue. Moreover, Ms. Jackson could not be fired for having breast cancer nor for mental illness. It is Beadle and not Jackson whose conduct brings the merit system into disrepute. Under the circumstances, Beadle's order to undergo an exam was , at the very least , an invasion of privacy. His motives were deceitful and malicious. Moreover , given Jackson 's status as a professional employee, with almost twelve years of service, it would have been reasonable to simply confront Jackson with Dr. Lee's response. The totality of the facts, given Beadle 's role in exposing Jackson, certainly refutes his allegation that she was insubordinate. Part II Amended Skelly Notice continued from December 10, 1985 to January 15, 1986. On January 3 , 1986, Jackson received an amended Skelly Notice with a proposed termination date of January 15 , 1986 . This notice was based on allegations contained in the December 3, 1985 notice plus an additional letter signed by a Dr . Samuel Morrison dated December 4, 1985 and attached hereto. (Exhibit M - 2 pages) On December 16, 1985 , deputy County Counsel Vickie Dawes wrote Kaiser Martinez Controller Leonie requesting verification that a Dr. Samuel Morrison existed. (see Exhibit N) On December 23 , 1985 , Controller Leonie responded that Kaiser records do not show a Dr . Samuel Morrison employed . (Exhibit 0) The same response was given by Kaiser Physician-in- Chief, Dr. Irwin Fisch in his letter to Ms. Dawes dated December 23: 1985 and attached hereto as Exhibit P. 4 Exhibit A As a result of the foregoing inquiry, Jackson received a second amended Skelly Notice. On January 15 , 1986) deputy County Counsel Vickie Dawes represented that Mark Finucane , Health Services Director had agreed to a two week extension of Ms. Jackson's termination date with three terms : ( 1) two weeks without pay; (2) on the 13th day of the extension, a response would become due; and (3) counsel for Jackson should make an appointment to see Finucane on the 14th day. Ms . Jackson , after almost twelve years of County Service, had accrued a large amount of leave time, to wit: (a) 100 hours of vacation leave; (b) 40 hours of sick leave; (c) 4 hours of floating holidays; and (d) 40 hours of administrative leave. If she was terminated on January 15 , 1986 , she would lose , forever, the time referred to in b and d above. Therefore' she requested a modification of Finucane's agreement. Specifically, Ms. Jackson requested to use one week of her accrued time and one week without pay during the two week extension. The purpose of the extension was twofold: ( 1) To allow her new counsel, retained January 11 , 1986 , the time to investigate the claims against her. (2) To require Kaiser to conduct an in-house investigation of allegations that involved Kaiser. Ms . Dawes , encouraged by the Honorable Judge Dolgin , discussed the two week extension with Finucane , in light of Jackson 's long time service with the county and a lack of a plausible explanation for the Kaiser situation . Ms . Dawes demanded a response by 5 :00 p.m. and then changed Jackson 's time to respond to Finucane 's offer to 4:30 p.m. This conversation took place at approximately 3 : 30 p .m. on January 15, 1986 in Judge Dolgin 's courtroom, following an in chambers , on the record , hearing on Jackson ' s application for a preliminary injunction enjoining her 5:00 p.m. termination. At approximately 4:20 p.m. , Jackson's counsel delivered the response to the amended Skelly Notice to Finucane . After he advised the receptionist that he could not see Jackson's counsel, counsel asked the receptionist for Vickie Dawes ' telephone 5 Exhibit A number. At that time, the telephone rang and counsel was advised that Finucane could see her. After explaining the terms of Dawes' offer and requesting a reconsideration of Jacksons use of one week of her time, Finucane agreed to allow Jackson the extension with one week pay from a category of her accruals selected by her . Further , Finucane and Beadle emphatically and unequivocably advised counsel that they would inform Dawes that Jackson had accepted the offer and that one week pay was a term of the contract. On January 15 , 1986 , prior to 4 : 30 p.m. , counsel then telephoned Dawes and advised her receptionist, when told that Dawes' line was busy, that Jackson had accepted the offer. Dawes either ignored or decided not to admit that Jackson's attorney had telephoned accepting the terms of the offer. Notwithstanding these events , Jackson received the final termination order on January 16, 1968 (See Exhibit Q) and her counsel received a letter from Finucane dated January 16, 1986, (Exhibit R) . This letter terminated Jackson in breach of- the Jackson/Dawes/Finucane Agreement to extend Jackson 's time two weeks. In light of the foregoing, Dawes, Finucane and Beadle were dishonest. And yet , Jackson has been terminated by those same accusers who themselves partake in various degrees of dishonesty. 6 n re CONTRA COSTA COUNTY !: L 1' u HEALTH SERVICES DEPARTMENSLI AUG 51383 • COW,RA COSTA C014i 'V �uc�;�:l HEAL1N SERVICES PEit To: Andrea Jackson Oat•: August 4, 1983 Frons Cordon Soares Subject: •AFFIRMATIVE ACTION ACTION ITEMS COWWDATION I've reviewed your draft of the various action items and wanted you to know I think you've done a fine job. It's a well thought out and helpful piece of work. Nice work! GS:jb cc: M. Beadle Personnel File A CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT Andrea Jackson, TO: Affirmative Action Coo r inator Date: November 6, 1984 From: Mark Finucane, Dire for Suejsct: AFFIRMATIVE ACTION ANNUAL Health Services REPORT - 1983 I've fust recently received the Affirmative Action Annual Report for 1983 from Emma Kuevor and I would like to commend you for the good work on your part in submitting the affirmative action data/progress in the Health Services Department. Keep up the good work. MF:cbc (8)AAAR WOV 81984 CUtaRA COSTA PERSD MEL ,MjN SERVICES RM Contra Personnel Department Administration Bldg. Costa 651 Pint strut Mtrtiner. California 94553.1292 DATE: April 18, 1983 TO: * Mr. Web Beadle - Personnel Services Officer FROM: Mr. Howard Brownsnn - Safety and Benefits Officer SUBJECT: Andrea Jackson I want to commend Andrea for the fine Soh she did in preparation for the recent Unemployment Insurance Appeal hearing on the Marlene Schwab claim. Her organi- zation of data and written presentation was excellent and enabled the ,fudge to rea0ily follow the County's procFss in separating this employee. The case has been continued hecause of the vPrhosity.of the claimant. Andrea's presentation was professional and ccmplete. HEB:sm cc: Andrea Jackson APR 1 1983 CONTRA COSTA COUNTY HEALTH SERVICES PERSONNEL t Personnel Department Administration Bldg. 3 651 Pine Street Cmt Martinet, California 94553.1292 September 12, 1984 Dear Andrea: This is to personally thank you for all the Mork you did during the protracted negotiations for 1983-84. it was a long, tiring, frustrating and hectic road, but we made it, thanks to a "great management team" which included you. I look forward to your participation in next year's round of negotiations. Thanks again, Andrea, Bill Hamilton, Chief, Employee Relations BH:nd CC: P. Batchelor H. Cisterman W. Walker CONTRA COSTA HEALTH PLAN TO: Web-Beadle:. DATE July 1, 1983 Departmental Personnel Officer William C. Cristy FROM: Director of Finance b Admininstratior7UBJECT: A for Linda S. Houseman f3* n rea Jackson ssistance Business Manager Just wanted to let you know how much we appreciate Andrea Jackson's recent efforts on behalf of the Health Plan Business Office in exped- iting and following through on processing the several new positions here under limited time constraints. She was always most pleasant, accommodating and helpful. We are grateful, for her assistance at this particularly difficult time of expansion for us. WCC:LSH:fmv cc: Andrea Jackson aim 51983 COO RA COgTA P�SpNNE� 1*01 SERVICES s_41b CONTRA COSTA COUNTY r_ ./ 4 CONTRA COSTA COUNTY HEALTH SERVICES DEPARTME IJI OFFIC= OF ADMIN. HEA.-AIN comet ass► EXHIBIT FILE No. To: Andrea Jackson Date: May 10, 1982 Personnel Services Assistant From: Web Beadle Subject: PERFORAANCE EVAUTATION Department Personnel Officer S-1-81. - 4-30-82. During this evaluation period, you have been responsible for providing personnel support to the Mental Health Division and for several months, the MFA Division. You have also been the Affirmative Action Officer for the Health Services Department. In the latter capacity, you have been diligent in pursuit of possible complaints and problems. You do need, however, to be far more agressive in pursuit of the action items in the AA Plan. In the former capacity, you've shown consistent interest in meeting the needs of the people you support and in properly administering the Merit System Rules and Memoranda of Understanding. At the outset, your knowledge of these rules and their applicability to daily personnel activity was limited but this has improved to the extent that you are now as knowledgeable about the rules as one can reasonably be. Most importantly and remarkably, you have never (to my recollection) made the I,- same same mistake twice. You do make conscientious efforts to learn and it shows in the increasing effectiveness of your work and the greater independence I have allowed you. I have reached the point of having confidence that you will handle personnel actions properly and will bring critical problems or controversial issues to my attention.. You are a good journey level analyst with areas in which improvement would raise you to an excellent--analyst. These areas are discussed below: 1). You simply need to organize your work better to be sure priorities are done first and deadlines are met. This doesn't always occur and you sometimes let yourself be . distracted away from the most critical tasks assigned to you. I will help in two ways: First, by being willing to negotiate and adjust priorities if you are overloaded and by permitting you to attend the next available time management course. You, of course, must initiate the negotiation on priorities when you are overloaded. 2). You need to develop a greater "feel" for personnel A-41 3/U -Z- management beyond what is stated in the rules and what the divisions want. While it is our job to take what the divisions want and: get it for them within the rules, we are also expected to add an ingredient of our own: expertise which helps us create solutions and alternatives. There are several areas where you could expand your expertise. One or two general masters level courses in organization and management would help you recognize and develop good personnel and staffing plans, beyond those that simply con o to the rules. A more precise and complete verbal and written communication pattern would enhance your ability to transmit subtle messages more clearly. You sometimes tend to make "absolute" statements which can be received as rules; as black or white rather than a shade of gray. Your written communications have improved dramatically in terms of completeness, clarity and readability, so I anticipate further improvement. You have also shown growing initiative and✓- self confidence which will benefit you with continued growth. This may partly be a matter of combining the expanded knowledge and the more precise communications already mentioned, but it will also require more initiative on your part to think "what is desirable or needed" in a particular situation rather than "what do the rules say" or "what was I told to do". You will benefit from training which expands your general management knowledge and skills. Please watch for courses which are of interest to you (I will too) and I will authorize time and money (as available) to offer you career development training. Also, I will make more effort to be available to you to discuss problems and issues you have so I can show you (hopefully) the type of process and results which I need and which I feel you can accomplish. WB:pt Reviewed by Reviewed by Next-line supervisor ` CONTRA COSTA COUNTY HEALTH SERVICES • i PERFORMANCE EVALUATION S A a: pirst Probationary Pinel Prabatlenary Cj salary Rovk- .,� T�s+nRaa•r '". Special i ) Annoal t"^ *eNnO.ttnt Varied corned: '�.=1. — t O .0� Note: One or snore ratings in blocks wonted wit%or sattrisk constitute an tins#t+sfacto•y repot,. Unsatisfactory iwtprovente't Nor► Rtquired t►ork is .f rtigtyist G:: 1. QUALITY Satiaiatte•y Consider the thoroughness at wart aM ability to pertarr• D M cl werlt.f high Stede cons/stently 11 KEMAKKS li. DEPENDAII'LITY Not Depends."t Irrtgata' Dependable *_ Eattt'r+sir •t�i/t•«r Considw follow lits in esseutiett of assigned tasks; dependability In following instructions; Is lob D D D and good wark dons withoat tonste'tt supe•vista-+ ,tItgpAR..1. fit. "U"IAN RELAT+C•.gD+te ors t is o Averop ADtiity to Go. una#;ufa:to•y Ne Ae+ll:, to Des' 6.t�es 1:•s e•: Cons..st t.c: .-: e;;e• a..a+shit Mt:- Pe:tle Alomj Mit% P*D,te Re's:tYt x.:•. Fe. in dealir:g witr• pa-it-!:s one trisito•t; i ability In Mai•ttaining favor at:* rolatiam# .no ds;art•rs•�ta+ gcc: D f l 1 will. REMA i IV. :Ar,T1TY Unsa:rs!a:le'y vrr S+o» »►o*rs Pro:aces /.veratr O-sias• tr•e Wslu—e er ova Ano:-: v! v.v.. .ccon•plisnef unci' nwp-A'Condit ± f with W ice asst: tett rle,* . D D D with wAief: it is t0'r;lt:t:. KE'rs►.•c Y. ftV.TtATtYE rresos Co�ttn,,o. i Saustacca•y o� E.ce;ao'+a w,. t:• i as tF1 n~a it to coed wits int Ur.satis+#::o•y Reaes.et Inst►wctio-s q Arsl,`t• a•: SC'--' r Datint %cfk pr t _• varied drabiewd ressonatir *•peels: i tosir +rt e nip on the jab bet• Consistently D D D tantly deenstra:e:y Se't tntlla•ice,planning and.wtbition. ItEMARKS Actively tooptrates Ntte•. Vi. COOwEItATIp%; Gt-•r::ly Goes O.:f n+s t'•. Uneoopt•aerwt PrsssreC f:e a a:r.e Consider attitude toward w0•k. the To Cmt•s:r o4 dowswontand sees.a-t willingness a eark -it .•e foo others. 1D D D D REMARKS Vil. ATTENDANCE Unsatisfactery Indifferent Attendance Occasionally Abse-.: E•ctile•:Rr:r•: ria} I# att wee tawa•: Usually K+M Gew: Kesa:•• atandahca? On ale jW � D t D REMARKS All.A1OPEARAN:E' Unsatisf.cta•r tndiffmont Accsaable Etre W4 inr•tis• f40w is a•tss ane po•sa•te, apps.r.nee'! 0%00 .goad D D Mipra..ian� �...�....to rya as WE ksE CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT To: Andrea Jackson October 29, 1982 Personnel Services Assistant aa: Web Beadle YOU ZIiINIC YOU'VE BMBUSY1 FOOT' 0Department Personnel Officer Subject You have indicated repeatedly and, in varying tones and mannerisms, that you are working hard and there is too much to do. Attached is a report prepared by the County Personnel Department listing the personnel transactions for the period October 1, 1981 through September 30, 1982, processed by the County Personnel Department. Note that depending upon the transaction, Health Services has orig- inated a minimum of 19% of the transactions to a maximum of 558 of the transac- tions and that 411 of the overall transactions have been processed for the Health Services Department. You have been busy and the fact that you have carried out your portion of this volume of the work with as few difficulties and as little notice is an indica- tion of how smoothly and how well you have been doing your job. If the Health Services Department continues to grow and change, your work load, and I am sure your level of performance, will remain high. I know that it is a lot of work and that you are very busy and I appreciate your efforts. WB•ps oc: A. Leff, M.D. G. Soares VIA I Wet vV . SMI _ _ ...-- �-yl •PERSONIEL TRANSACTIONS ,L October 1. 19R1 thru September 30. 1982 • County Health Health Total Services Services t APPOINTMENTS 13n4 570 a4s SEPARATIONS 866 305 35e •• PROVISIONALS 51A 262 51'! TRANSFERS 7a 43 55� REASSIrW!'ENTS* °ng 4Fn �n'! DEEP CLASS REASSIGNMENTS 121 F1 !�^" LIMITED TERM APPOINTM,ENTS'" 1127 274 74'! EXTENSI041 OF LIMITED TERM* F53 275 42" END LIMITED TERM* 985 4nR 41.► EMERGENCY APPOINTMENTS 387 91 24' MERIT REPORTS 2512 1n0g a^" PAY FOR WORK IN A HIGHER CLASS 121 23 100 DELArATED RUTH - Position Adj. ?74 CERTS PROCESSED 1751 °51 Q°" POSITIONS ON CERTS 2102 1e)34 4710 CONTRACT TEMPARY HELP 540 1Fn ?°' ALL UNCLASSIFIED TRANSACTIONS 101!1 85 GRAND TOTALS 14.513 5051 *Average based on monthly nercentanes (� sr ag"fts SLEcti•ws wrfeR"� s.a 10,17. D L5 NOTE: Leaves of Absences and Return to Mork documents are not 0 td O OCT Z u 1982 Report completed Monday. flctober 19. 1982 CONTRA VICES PERSONNEL HEALTH SER r CONTRA COSTA COUNTY ' HEALTH SERVICES DEPARTMENT To: Andrea Jackson Date: June 2, 1983 Personnel Services Assistant III From: We 0 Subject:• • Web Beadle f PERFORMANCE EVALUATION. Department Personnel S-1-82 - 4-30-83. During this evaluation, you have continued your previous responsibilities for the A/DA/MH and M $ A Divisions and your previous role as A. A. Officer. In the latter capacity, you have been diligent in pursuit of possible complaints and problems. You do need, however, to be far more aggressive in pursuit of the action items in the A. A. Plan. In the former capacity, you've shown consistent interest in meeting the needs of the people you support and in properly administering the Merit System Rules and Memoranda of Understanding. Your knowledge of these rules and their applicability to daily personnel activity has improved. You do make conscientious efforts t, earn and it shows in the increasing effectiveness of your work and the greater independence I have allowed you. I have reached the point of having confidence that you will handle personnel actions properly and will bring critical problems or controversial issues to my attention most of the time. I believe, however, that your growth in this area has "flattened out". You are a good journey level analyst with areas in which improvement would raise you to an excellent analyst. These areas are discussed below: 1). You need to develop a greater "feel" for personnel management beyond what is stated in the rules and what the divisions want. While it is our job to take what the divisions want and get it for them within the rules, we are also expected to add an ingredient of our own: expertise which helps us create solutions and alternatives. There are several areas where you could expand your expertise. One or two general masters level courses in organization and management would help you recognize and develop good personnel and staffing plans, beyond those that simply conform to the rules. A more precise and complete verbal and written communication pattern would enhance your ability to transmit subtle messages more clearly. You sometimes tend to make "absolute" statements which can be received as rules; as black or white rather than a shade of gray. Your written communications have improved dramatically in terms of completeness, clarity and readability, so I anticipate further improvement. You have also shown growing initiative and self confidence which will benefit you with continued growth.- This may partly be a matter of combining the expanded knowledge and the more precise communications already mentioned, but it will also require more initiative on your part to think "what is desirable or needed" in a particular situation rather than "what do the rules say" or "what was I asked to do". 2). You simply need to' organize your work better to be sure priorities are done first and deadlines are met. This doesn't always occur and you sometimes let yourself be distracted away from the most critical tasks assigned to you. In your new role as a team leader, your lack of organization will affect the work of your clerks if not corrected. A careful reading of the two paragraphs above will show that they are substantially a verbatim repetition of those for the period 5-1-81 - 4-30-82. That, in itself, is, perhaps, of greater concern to me than the particular performance areas. For my part, I will offer assistance in several forms; First, I will make available reimbursement for training, and even some periodic adjustment of your work hours, so you may attend specific courses to improve your management knowledge and skills. Second, I will be available weekly to discuss and help you plan your work in progress, to adjust priorities, and to re-negotiate dead- lines. I will also be available on a drop-in basis as our schedules permit. Lastly, if the first two mechanisms are not successful, it may be necessary to change your assignment to one with more structured duties and closer supervision; particularly closer direction over the management employee transactions which have recently been assigned to you. Rich of this department's responsiveness to change depends upon effective management of these personnel and this office needs to contribute to that responsiveness. For your part, you can also do several things: First, you should identify (by October, 1983) management courses you wish to take. Second, you should begin to prepare work plans for each major project and weekly plans to integrate all your work in progress according to relative priorities and individual dead- lines. Lastly, you must take the initiative to identify issues for our discussion and anticipate workload problems requiring priority or deadline re- negotiation before the deadlines are passed. WB:ps Reviewed By: C-0 Andrea c on Reviewed by Next- Line Supervisor: r Soares, Contra Costa County Health Services Department f` MANAGEMENT PERFORMANCE SYSTEM (MPS) Name " ' 'Sc,AL Classification Unit Performance Period �� �l lx 3 to General Instructions There are two (2) parts to this performance system: K• Part 1 - Review of Management Objectives , Part 2 - Management Skills Review ; Both parts are important to the management employee's growth,development and organizational contribution. Below is a recommended approach for using this performance system in an effective and positive manner. 1. At the beginning of the budgeting cycle, you and the management employee develop a Management Work Plan.The objectives on the Work Plan are most effective when they relate to the overall mission and goals of the operating unit and are expressed in specific terms that describe an observable and/or measurable outcome. 2 During the year,it is recommended that frequent review meetings be held for the purpose of discussing progress in accomplishing the Management Work Plan and/or to make adjust- ments in the objectives. 3. a. Near the management employee's anniversary date, Part 1 - Review of Management Objectives and Part 2 - Management Skills Review are to be completed, reflecting performance since the last formal evaluation.In cases where the employee's anniversary date does not conform to the end of the budget year,the objectives being reviewed may encompass and/or overlap into more than one budget cycle. ' b. The completed and signed MPS trifold (not including the Management Work Plan)ji submitted to a reviewer and then forwarded to the Personnel Office,with a copy givent. the management employee whose performance was reviewed. A J' �• lam/ ,', �^-• ' •� Part 2•Management Skills Review MTR�S.On sir fb&miat pie►zee fisted wvre(i)meWtuilim AM area Wu re importaat in miew•int the pdonam" emplam.It ib sam;p ted that you Ulm the prvicedum.rhea evWustiag the empk"#'a performance is that*ice 1. Read On skill deaaiptiom t Rate the imporwlce of each Skit!to the empbyei a oveml job by eirckno either. A•Von Important a•Imp"tant C•Not Lnpmym ' 1. On thow diaua►iaul thm you rated either A of 8 in importance,task ra"X"on this assts sit dw level that best describes the employei s pertargwam. Ot"I•STAXUINUI. ABOVE STANDARD. STANDARD. BELOW STANDARD AND UNSATISFACTORY. hUrkiny bemom bvob trip pm 0, perlormaate rattm at the leltaor of the tw•o level& { 4. Relate roar ralmS to this empioyee s pedformaom as mcwded on Pert i•R»view of lfanaxemenf Obiectives by**itte your own brief Wtemetul is the to" provided I.-ESample/Comwoms from Pat Ills beicw tach&kill that ilius mor speei&example►of the ensybyei•poff-MA-0 that support your wtia� 1. 1►IU,%k%4)%tJMk.ASU 1art.ITiks Cun.userthrexlrmvoahwhthr{aawr[rf!mqavi'i.•rdmNatwev.anujN#r.wMsd{a&all ifts, apMai{r►aod(goo t„��1` ' M{uN+nrdelwnarM.Wilur.err.urre.tuMnNatd..hKlNli.and.d.1.{n.r.,lw.she.isdu�toplr.ugaWe.drM.bIMMMa budart:deaadtstrae.tier exµeniw and shduW+fun hw'het•pnlA!twist A•urn Impanarw U`lmlwnaln C.%w I.Itatrrr • lanbis ra N.Yrd m Y..uy,t�lb "I iw.•an tlsee�In Ira nnnsWirl i�l IiK tV.1.4104 l rrupintrr ahas st"t to for ayl►tu rsf a pr.dsknn brhtrlr dune bW.aoam naluatr stam4wts a Annw.W lltr fuel tn{dwt• lJl ta{.uattAlr-I.f.rlAtaswAI taana• Call Iw raiart lard sssa s..krrp `•dais nd/iulw.IIIA fwln India..1 (N.d►.aY./IAf.n.Y hNN.I n..Ii.sts,"amhlw liar drt.ulaN•M tksllt.at.-4044. u�m.s n.lwflt.tN.I dswu•a tibrw fYM1W1i} Ha Aitli."in Ulimintt w r,uhlnlNas p1...•durr.far Can bis rxpn u•d I..anAl"Nr w %.Amps.4111 4`q.u.tu unr UK".-rab.wt UM4•A f.nshrr do NNNi}'wNMsJpu.dlawl4 .Lsu.alWw.w. t'nds1...,idaa hr taw.d pr..uwurl..41aal YWlat and n1w`Ias Y...AI I...dxna a.AN.at lYfw'f.INtW. Ow-sawtusp • Oka n. .A 1'wvfisirn.n $ Abase SIasltmd 1lriam SlAsslI04 t 5wm"4411+ntN.nar...mykye.. G"Wisalr arwl.pk. prl.end tt'uuid.rWnda We J..L kssYWirdse n,mr"hglh.tasdOd.of pee• uhJrrtne-.d Inc I.I.with rune 4.arunapinh lha•teats and s.tr I.raNwre. wprni.ilnl and wppnn. 1-10"W stairµ.R t-Irwo.{un11>.Irv►+soil Ana. Uwaliy.but t1.N roommensk• Fait.Is.Avalt rrwwr"to p4ww..d akl,rn•:.ti.•n IMI w{a vasld{.be.most ramal oir.wianow w{yaws drisoniarr peaattir► ism IIIb pmh,o .unw its hsNs all .kits, Vsms bis rtprrtrd In dem m.nrase IY 0,nxiotroth a.ee budjw w&ham wl.,tdnasro hpa ta,t.rrfo m it a..iorwd jinadaame► Iasi& kv,*"rld.sea k..►at the I"* t'.us1i>014t It-rrrlaar ths,sdraitw%d m•d m.pnt.of J."'Wr so &Work pr.edsWt. hr(we wakes a do.i.wa Emmpia/Cmtm ots from Pan I•Review of Mannatmem 0bieaiYea: Interpersonal skills are good, You interact in a n nwityKhrml'-dam mf the glpartMaltm,golitua is kgroving, but sometimes deficient. For exam leyou were not aware thgj a4dition dUlLeg an deMfd f= thg g r (continued ro .attache zm4pw net.. �+drrthrestnau.abirbthrmanewoo4abishr.plomIunsar.ruly.rfit..fiwarrtrrti tr&adYhtartwbiratldor&awr.+erau ra"fw.br. A•►•"!t&staan& •IastmWtsata C•Nat I�is"o" h lira►aro and"to ar wase&dune um stale'. Comr.unnit&cella»&womb plum Md Jab"al"i, Ow to abmetaY of a plea,Sas► Camimtlnwh t rvalustr.prom fp � tn.ra and adjusa...tionra,to to n• (Met AM""in peinray Seidam provide.fuuarup pnr a"Ut drertiim rrdunm and eaahlawo dimho • Iaae an pleeir. tlMlttaMfnla ♦ Ruadad t&rand Ahwe Stondoed i Ile a/ Vamsirtewth 0hinina hods dr t'smallr 11aatakdhr►soaln olid Odea fob to tare ver of tamaimse rs.aaf or- 04)"+11011►h11fore ttuk+Mt arise easels). .eats,. N'a.w dun hnr s prayir dap4ratwa fnrmllrarMe•knawLdar of pyx. Cru be mowed to otilisr ear wwaa4k 14"1 tart4.adndyts ha,e►pdird6 ones"a0 that thrr wwk r a • mtaln.y gnat,and.•IAp"i%M Mlldy pate&All aw eaIMO11 Wad evomworml,via" ow1a1W1 ot Wae4 Cama np oild am toSm"will prWass maw" inwe• a WMh a4wln *munedry. This is one of your weakest areas. T . . Stlaipiea/Caatateata�roze Pate 1-R«ir.ltf>ifaoar<leatattt Objaetiltea: ....._..�... ----- --•+rmed in yaw last eyal -'� till give the-imressiga jhAt,yqu_ o . V t--- ....L�a ..t.....� ---A- --____�'l.. V. • • 1 D i DEPENDAaI1.IT1•A\ w•THaO1tWt: rsandalbl b OLLO d$V - rhk Them.ttnpr•wp n-i mezhibdsrrWbdil.andtA.mui `+ +sm•t�rt+• • • 2:A.Very 1 a•Imptrlsay C•\a htapartame f�Plimitiae.aniiemea.an Illm %soda Inywnl reminder+wad am,impuetsar uses Vol the tr penddupt rriardlna la.►cuat- prig all meat"a, Pkvuus Will Sado OutNsomeamp • Madwd l'n.anran.ry ' t+ Adwe�landard a Hr4. �1r 1 EMablalars•tnctint arNem I nmpkre.ensu 111 If. M lode.ansared Sur meet.ap tM fanmlariai and If"jr, meet mwaaum N y n6•d. =the the outcome•of oil as• 6 n synod auvitie,aro th"w ppred m 6.r sl atretirye owmPblN m use. urndN EaampMe/Cammdats bam Put 1•Review of Nunayemem Objectives:This is your second area of weakness. Many of the comments 1n. #2 above also apply here. You need to include in your work planning a mechanism to "tickle" proiects which have been completed but need to be followed—UR. For example, the expiration of eligibility lists and the use of temporaries hired to back (continued on attached sheet) r a. DICISION MALI\G%PJkO6LtM SOL\'IVIG: rmudwthrntraltnrhirhthe mwutr"IMiprnwransiyt".uwtwlr.etslususaltrmaivr.:r.liaa.mpw w—noo N implearMaam:%nModm toorknrs•al a nspmu..and Will 14►r re.ponwhilil.%low 1he result.wltumr. A•fret Impanaaa a•ImpAvam C•Xw Imponam \L.►r.Arri.s.a•w•itF.,w n.m• Wril'wdfi Cashes dwtawtr•.uhr. can rias.edge al lent.m problems eorrtdrtau.•n ul ahrmrller.. Cha fuller•mn.latent patters at analysis will evskatim. r.uoih up."illuti N•srvrpl Displays openness to ter pn•• stent al.a a use a..n low Ctrhlrli rffe"ne a dreg—n Iwuldrm. dnailtr. C*n he rape,Co)1,.make.ah Alaw's ebtrd ,w easy.n,,c.alr,:vrr.ul dr- Was =teembMtan•• ai.s ro fdtaandlrti r \ nA 1 !'n AtNwt,tn 6 Above-otandard Helm mandad I DaPlay%emtnity is mados Can be raprrtN I malty mutme. InapIa"noiel.,snwhae•-.Iw- ddtwuh darmuss wwfr Pre• nun•contnn real eu.wn•w11%• tent,.tad N.I.I.,c.a,AMt a aures Isom am ddlaview.. Plan I"tn+pm I of a dert—G. Conawesth male.ddli,vb U-s,slh Itwutr.on,-Namm.. Acrd.and.,w mA ttmeh on two dasa,m%adve►dtf6nrh wheat mshmi 91m mion.:...httµpmbtetn.. u.i dn•t.Am.•.dvtns rywMrm- problemA..rmltM.m,rt fart.misted b.a Con bo,rape,ted 1t..hd1 Id cur drrtwro pmblem. bw an unp.,pular drr"w.t.. ..unci►rl.r. l':ualh evalwtes rrault.4 y. t rl.eAr madr,.Autwae ImplrnNaN Uimtitw.to apph arhtu•rr.,flrl w.lula.a to an unimai hr..hwm. E>rampJea/Commeau barn Put 1•Review of Management Objectives: This is also a skill discussed in your last performance evaluation. You have worked hard on this and it is reflected in shorter turn-around times. You are also good at applying directions to routine actions; but need to be more creative in solving problems through analysis of the situation and the applicable (continued on attached see A UADFLSHIP. Cuauder the Tatra In shwh the msrwrrlsup"w aro well def nro sad•wall.dryerti.ra and rsrrr,.m 0-1t41inr to saawae wbardina"Iw WWWW i them adh thr tWtdartce..uppan acid ds,rlupwm rW_.wn w rumpletr 1M.w,byntwe+ A•Tay belawis t a•Impa C•Kw Important - tirld.m mr►ra•IlwNssld r and dnektp empl,wre P.Irnt W l,r Nae dn.Mytmrm. lar dv sorra m and pea dr the rr.orrve are" Eur"rh 1wrmr.wr,w M. thontwun In d.sbq rAli !'sudor shuns adess with ear ash. wood onto them cndil their&WONatr. Can be rapertod so to prepare F:Itrctireh•roes the also far chanir. 1rrMlhe wt wisp. Oatatsadlai 4 St rd t l'asaialsntrn !1 Abase Jtasdartl 1 Itekar Standard 1 • Cemimon*IMPara tar lays!- Can be npreted YWtllly rreale Admin to ruhordisuN Ihm ' g end reopen of wbardirww an amu•phrn lnr the r,Ui o in- height d1w am like ha.Arr bP buq No.Isar sad eras vdvrnaa d at so arrompkA 7tb sad/s does no Wwvt hem" defused onle. in thr 1>.Panatwal i i°r► Congwomli invoke•Mpbyw 1•waYr drMiars apprupriae F"a ppreer close nPMr is rami"daraaascr suai rtwk rrrimenta to.suburdhtatre two str.t/wr dirMima. M&chirp will wrrompkwb miter then duwA a task by dmf Dgartmaa Baa& bttt" thaftr ampinvees or cork taw we ematanlly rood twior Usselk earwyw a uam.twl Ciamilmd an knloriedp and sur. 0" 1 to iotins rsek dor. EnaIOMdCammeam Qom Put 1-Review of Msos«meat Ob*tiwc You sometimes impair the confidence of the clerks on your team because you do not demonstrate knowledge of the rules or an organized work structure for yourself or them On occasion- you ask them quo-stiens to which yea sheold •/ l COMMUNICATION S[IL L& COMW"the event to Which the managerleupenuor eapreun binAtener eleerb and off"Ovdp dwisumb rritrag and speaking anal orbavn mulled understanding of rrittn and Orel material. A-Vwy bttporma •Ins C.Nor bttprtamt brergretes comawnieatlom betrew. Cam be npected t us bu"am- maR and aWo/emeM levels. er tic and uchaied of$= ash rb aboum meanaq, Would be able to dNenaar rbss a a or is no beneficed to Can be aspect"to mals asmrmgr asprees as Was orapinraa tams before clanfymg facn& faq ebr apeete"to rogue" seldom eomttmiataa the chole wAbmeY as u apptoprtaM. icor. Can be eapectod to produce wri- te and spokes communication tbm is brad chic anr4g an yointa. Outatandm a St ra 2 Unsatisfactory �=dirm Above Sundard Beim Standrdbun and undo- Expnare connsunieatione IreM Cam eeMom M and mdima tam and Ortdl the are usually asisct�u Bats maaeapa mmdeutood by the recipirm. Can be aspected to comiaemly confuse subordinates and st ins Suemritet letgtbv and eompMa May lewe assumptions implicitpvurg dinetiems and/or prwo- ismrs toun make Am" der- on occasion rsthr tbon making dorsa. aanbbl& them explicit. Can be npestN to Trite asemwl letters the are rambling.seldom to the point and ctmuning up clew expectations for action. This is also a skill in your last performance E>vmOMolCammanL 6om Part 1•Rev"of Manapmmnt Objeetivem: evaluation. You have improved in this area in that you tend to communicate fewer black and whites and express the more subtle shades of gray which make un most of nil practice of personnel administration. The area of communication you need to address (continuedon attached see T.COUNSSWNG SKILLS: Conderthe*&um to which for manager/supevaor uses the Department's performance evaluation process to affect•purities chane in employes behavior.attitude and job performance. A-Vey haprtaat !•lmpmtam C•Not Impanom Identifu re performance pro• blems*hen they occur but fails to tender praise short praise is Amicipmes and predicts em• dor. performance problems toe.tbey occur. Gives onb occasional feedback to employee regarding perform- Defhme eapactations,identifies anuce svdwtion*&coot at time portusisy for employee to un. of annual"Warr. prove polar to formal evalus. to Selden keens closely to emplar or complaints or sutnaeata 00mnnd64 " 9uttthrd f unssas wtwy • Above Sumdwd S Edam standantl 1 Consist** @dew ompbyae Reeaprna wed for employee Usttaly alders advice and problems using onsidr re• aouneeiliut U job perfwmame, as ustow to subordinates sources as nsees"n and cep• "nontm in a aeanner"ide a propria"los.omployN allow dm*Swd for tYir cow-lift IMOVMUL roltOra required procedures in faelow co duetitg rrittrt employes parfrmamel evaluations. Eaamwwcammmnu 6om Pett I-Ravin.of Miumpnow Objewt Not applicable ', OeereY[valuatiow • cawww am employee's total pmreen"Aem a mdeeted in the Review of Mw enment Obieetives(Part 1).and Mananment Sidle Review(Pert 2).Has mfleetiem is dw emplom m tae present job!Mutt an"3r m tam.cab ednn tae dma npdm beet summarises overall pertormsoem. Is defakOy above Job performance Is standard in a least at below standard me sopmu of job Imvd then is pagfp• plenty of too.far Improvement. HipY I.e� Job Bweyehlop ot>♦ is not, at is siders".job sidend.l'ob per OR ampme& polfarOMOMIs be Naebdme� 1. Strong points: Your willingness to Work hard and your personable interpersonal relations are your strong points. The hard work is reflected in the accomplish- ments, particularly the shortening of turnaround times. 2. Areas needing improvement: You simply must plan your work better so you can integrate a variety of tasks on a number of large projects in order to complete all of them on time. You need to develop a greater sensitivity for the management objectives (continued on attached sheet) ' 3. Specific training/assignments needed to improve job performance: You should continue to pursue training in management and organization and in public employer-employee relations, but at the graduate level. Junior college courses are unlikely to push your (continued on attached see Salary Administration Conclusions: (check as appropriate) Increment recommended Increment not recommended Special review date: Special incentive recommended (if applicable► percent or number of steps This evaluation has been discussed with the emp yee and a copy given to the employee. Immediate Supervisor's Signature D e Co-Supervisor's Signature Date Empbyee's Comments: OLS Empbyee� ignature bati R"Wwer a Comments: Dao Reviera Si�etute Andrea Jackson Management Performance System 5/1/83 - 5/1/84 Part 2 - Management Skills Review 1. Skills, Knowledges and Abilities -continued you ask the clerks questions about MOU interprbtation to,which you should have known the answers. In the latter case, lack of knowledge was a problem and demonstrating that lack of knowledge to your staff should have been embarrassing in that they should be asking You, not vice versa. 2. Planning 6 Organizing - continued address priorities on a one at a time basis, completing each as soon as you can and then taking up the next one. You still need to establish a systematic way of setting priorities, deadlines and work plans so you can integrate your activity on several projects and complete all of them in a timely manner. You also simply need to work at anticipating issues and preparing yourself for them. For example, too many times, when you are at a meeting and are asked for material relative to the subject you must return to your office. This is significant, not because you didn't carry all the material, but that it reflects lack of anticipation on your part. 3. Dependability and Follow-Through - continued leaves of absence. You also must get back to me more frequently and with more comprehensive reports on the status of your work. I've told you to drop in on me to fill me in and asked that you do this at least weekly in the early A.M. Even when a particular scheduled meeting is cancelled, you must take it upon yourself to get in to see me. Once in, you need to be prepared to give me a complete report on your work. Do not leave things out because it leaves me with gaps in my knowledge of what's going on in my unit and with the impression that the unmentioned work has escaped your attention or has gone wrong and you are hoping it escapes my attention. In either event, it decreases my confidence that you are on top of everything. 4. Decision Making/Problem Solving - continued rules. This is reflected when you bring a problem to me with a recommended solution which really amounts to simple application of the rules. Frequently we can come up with an alternative in our talks which you could have developed by yourself (although in some cases the brainstorming we do does generage more than either of us could have developed by ourselves). Andrea Jackson Management Performance System 5/1/83 - 5/1/84 5. - Leadership - continued give them rush assignments which they feel result from your disorganization and crisis management. On the other hand, they sincerely like you and want to have .. you like them, which may be a reason why I hear more about this than you do. 6. Communication Skills - continued ' is to do more communication with me. Your strength in communications that I appreciate is that you are open and frank in expressing your opinions to me. Do more of it. Overall - Improvements (continued) we pursue and the employee relations context within which we carry out. individual personnel transactions so you can consider and make recommendations on whether and how to pursue certain transations. Overall - Specific Training (continued) knowledge beyond what you obtain on the job. You must also develop a specific written process by which you will plan and follow-through on your work. That process must include identification of all assigned work, establishment of priorities and due dates for each; adoption of a work plan including specific tasks to be completed for each project with due dates for each task; establishment of daily "to do" lists which integrate the work to be done on all assignments and weekly status reports to me. X Contra Costa County Health Services Department MANAGEMENT PERFORMANCE SYSTEM (MPS) Name Andrea Jackson Classification Personnel Svcs. Assistant I Unit Employee Services Performance Period 5/1/84 to 4/30/85 General Instructions There are two (2) parts to this performance system: Part 1 - Review of Management Objectives Part 2 - Management Skills Review Both parts are important to the management employee's growth,development and organizational contribution. Below is a recommended approach for using this performance system in an effective and positive manner. 1. At the beginning of the budgeting cycle, you and the management employee develop a Management Work Plan.The objectives on the Work Plan are most effective when they relate to the overall mission and goals of the operating unit and are expressed in specific terms that describe an observable and/or measurable outcome. 2. During the year,it is recommended that frequent review meetings be held for the purpose of discussing progress in accomplishing the Management Work Plan and/or to make adjust- ments djustmeats in the objectives. 3. a. Near the management employee's anniversary date, Part 1 - Review of Management Objectives and Part 2 - Management Skills Review are tq be completed, reflecting performance since the last formal evaluation.In cases where the employee's anniversary date does not conform to the end of the budget year,the objectives being reviewed may encompass and/or overlap into more than one budget cycle. L The completed and signed MPS trifold (not including the Management Work Plan)is submitted to a reviewer and then forwarded to the Personnel Office,with a copy given to the management employee whose performance was reviewed. • r \13 IM -i CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT To: Andrea Jackson Date. May 23, 1985 Personnel Services Assistant F Web Beadle �.. 0 Subject: Performance Evaluation Department Personnel Officer 5/1/84 - 4/30/85 This evaluation reflects changes and additions arising in our conversa- tions regarding the draft performance evaluation I gave you on May 1, 1985. On October 9, 1984 I recommended the your Management Incentive Differential not be granted. I made this recommendation because your evaluation of 5/15/84 contained an evaluation of Below Standard Performance and an evaluation of Below Standard on two of the three VERY IMPORTANT areas of performance. Subsequently, through discussions with myself and Gordon Soares, the decision was made to grant your differential on November 6, 1984 and thereafter you and I exchanged letters relative to our discussions of your performance. Your letter (received in this office on December 4, 1984) and my response of December 17, 1984 are incorporated into this evaluation by reference and will cover the period between May 1, 1984 and your return from leave on January 7, 1985. Comments below reflect your performance for the period from January 7, 1985 through April 30, 1985. On your return from leave, we confirmed that your assignment was to manage the employment aspects of the personnel system. Those are described in the three objectives which were established (copy attached). Each objective had specific responsibilities described to help you identify and monitor the types of activities which, carried out in a systematic manner, would yield the stated objective. I indicated to you, however, that the responsi- bilities were means to reach the objectives and not ends in and of them- selves. You indicated that you didn't realize those objectives were in place since they were not formally signed off. While that is true, I believe that our mutual reference to them since 1/7/85 substantiates that they were in place. Further, I advised you verbally that I would use them as amended by you in late January. Objective #1. To manage the appointment activities. This objective has been substantially reduced by the freeze the Department encountered which narrowed your responsibility to fill only those positions which were granted an exception to the freeze. Identification of vacancies to be filled being thus simplified, it became your responsibility to simply be sure that those high priority positions were expeditiously filled. By Andrea Jackson Page 2 and large, this occurred, however, there were instances when you permitted the freeze review process to distract your attention from theup rpose. For example, the clerk positions in the Patient Accounting office which were vacant and, even though that unit had identified as a priority, remained , without attention until Mark Finucane had to ask me about them (twice)! While, as you pointed out, those positions had not been specifically approved, your responsibility was to identify and expedite the filling of critical positions. You should have noted that they had "fallen in a crack" and initiated an action or recommendation to revive them. You certainly should not have had to be told twice to do so. The Vacant Positions Status Report, which was the primary tool we established for monitoring vacant positions, has been working effectively, once we ironed out our communication problems at the outset, and we have been able to reduce the frequency of its publication to monthly. I have had the impression on a few occasions, however, that your efforts to complete this report tended to focus more on the report itself rather than its use as a tool to identify needs to which you would turn your attention. Remember that the report is only a tool. The purpose is to help you identify and fill critical positions. The development of action plans to fill each position through consultation with the DPC's has not, to my knowledge, been accomplished. As you will recall, when we established this worklist, we agreed we would discuss each position whose action plan was encountering difficulties at our weekly meeting, As yet, you have not come prepared to either identify problems or propose/report solutions. I've only received reports when I asked about particular positions, and then you had to first go look into it. You were to review and report on all eligible lists for the purpose of identifying those which might expire and generate a need for a new examina— tion. You have done this verbally, but I have not seen a written plan which included a report of the progress to initiate new exams. You were to review acting appointments for the purpose of establishing a plan to permanently fill the vacancy. Again, we have not yet had a plan or report on this subject. You indicated that you assumed this responsibility was rescinded due to the freeze, but this is not logical since the freeze only restricted the number of positions to be filled not the need to properly fill needed positions. Advertisements for vacant positions have been written and placed through Bernard Hodes in accordance with our plan. There have been only two areas of concern. First, I had to ask repeatedly for copies of proofs of the ads on the Friday before they were to appear in the newspapers. I finally began to get those in the last two weeks. Secondly, due to limited progress reports from you, I was not aware whether staffing needs were addressed by advertising or recruitment efforts on your part, unless the DPC specifically asked you to do that. Your responsibility is to manage the program, not simply respond to individual directives and to keep me informed of your activities to meet staffing needs. Andrea Jackson. Page 3 One of your major responsibilities was to write, submit and follow-up on requests to fill positions that were exceptions to the freeze. The process for these has become extremely complicated and is one that generates a great deal of "heat" in the department, so the criticism of your role is difficult to assess. We are both aware, however, that there are complaints in which the managers have reported that their requests: were held too long. in your office (difficult to assess); were.processed without adequate feedback to them so that they knew what was going on •(a fairly frequent complaint); and were not followed up to ensure that the steps necessary to make an appointment were concluded (something I have also observed). The most important example is the Accountant positions we discussed in the last several weeks. While the existence of the complaints doesn't prove you failed to meet your stated responsibilities, they do demonstrate a need for you to communicate better with the managers so they are kept aware of the status of their requests and are so advised in a timely manner. Objective d2. To manage the examination activities. The examination workload was also reduced significantly by the hiring freeze. Again, we established a special report (Examination Status Report) as the primary tool to assist you in planning and monitoring this area of your responsibility. This report has been completed in a timely way and, in general, shows that once an examination is begun, the progress to completion is maintained. When due dates slip, they appear to be primarily a result of "the system". Preparation of the technical documents necessary for an examination is hard to evaluate because I have received few reports from you in this area. Although we discussed the need to complete the job analysis forms by interview with the DPC, it is my understanding that you are continuing to do these primarily by mail. In the future, all job analyses will be completed through the interview process. The purpose of this is to have it completed more rapidly, to increase the quality of the produce by being there to ask questions, to obtain complete and accurate information and to require you to get out of the office and go out and work with the managers we support. The designation of a technical expert and an Affirmative Action recruiter has been done in the examination process. I have not heard, however, that either role is played very actively by the designee although you indicated that it had. It is your responsibility to ensure that technical expertise and affirmative action recruiting is actively utilized in every examination we conduct and to keep me advised of the activities. The recruitment plan for each examination is the tool to use in ensuring that the various aspects of your responsibility are met. I have yet to see a recruitment plan although I have asked several times for this infor- mation. In the future, I will require a written plan for every examination, itemising what is to be done and who is to do it. Andrea Jackson Page 4 -You were to regularly use the Hospital "recruitment pool" that we joined to obtain candidate names for our vacancies. To my knowledge, this has not yet been done. You did a good job on planning and coordinating our presentation at the Urban League Job Fair, an example of the good work you can do. The orientation program was an assigned responsibility'of yours and while the schedule has apparently been reduced from bi-weekly to monthly, the programs have been held and conducted appropriately. Objective #3. To manage the affirmative action activities. The Affirmative Action Plan you wrote was well done. The decision to defer its adoption until the beginning of the fiscal year was based upon financial and organizational reasons not related to the quality of your work. Your efforts to rejuvenate and define the role of the Affirmative Action Committee have been carried out despite the apparent lack of interest by the Committee. You have responded promptly and effectively to the few discrimination complaints we have received. SUMMARY My evaluation above, reflects two major patterns: (1) Your actions and recommendations do not consistently reflect a clear understanding of the rules or an ability to analyze facts and develop solutions. You seem to rely on specific orders or standardized practices which are administered as "rules". An example of this occurred several weeks ago when I asked you to review certain pending certifications and give me a recommendation . . ."specific to each. Given the facts, what should we do? Don't just tell me who's not signed off (MF):' Your response wa's to recommend they be referred to the Health Services Director. This was exactly what I told you not to give me. In fact, one should have been cancelled because another request was underway to fill the position by reclassification, one should have been cancelled because we'd already cancelled the examination, and two should have been cancelled because the positions had been "filled" by contract. These are simple situations requiring minimal analytical skill or effort, yet you ignored or failed to understand these facts and gave me a totally inappropriate recommendation which would have looked foolish to the Director had it been implemented. (2) You focus your time and energy in response to specific questions or concerns and specific directions, as opposed to the focus needed on your overall responsibility. You have to identify the service needs, to develop plans and to systematically follow-up to accomplish the actions necessary to meet those needs. You then need to report back Andrea Jackson Page 5 to me and the managers we support as to the status of your actions. In our discussion of this evaluation you indicated many of your responsibilities had been accomplished, you just hadn't told me about them. I will accept your statement of this, but the "report back" aspect of your responsibilities must be done better in the future. You must keep me and the managers better informed. Hy evaluation tends to be supported by expressed concerns from a number of managers regarding their concerns as to how well you really know "the system" and regarding difficulties they feel they encounter in having you follow-up on the personnel actions they need. There have been few specifics they have presented and I am not able to ascertain exactly what the facts are. The existance of the complaints, however, is worthy of your attention to put significant time and energy into developing more confidence on the part of managers in your expertise and responsiveness. To do this, you must: (a) give clear, precise advice and directions with reference to the applicable rule, regulation, policy and procedure which guides their actions in their particular circumstance; (b) respond quickly to requests for information; and (c) meet regularly with the personnel contacts to give them reports on the status of their transactions before they need to call you to ask. The above comments focus on areas in which improvement is needed. There are areas in which your performance is more than satisfactory despite the continuing pressures since your return. You have continued to work extremely hard and maintain a positive, personable approach to the work and the people with whom you work. I know that's difficult with the pressure you are feeling, but it is a positive and noteworthy aspect of your performance. Your concern for, attention to, and skill in the Affirmative Action area (both planning and completing investigations) are high. This is perhaps your strongest performance area. Overall, this performance evaluation remains Unsatisfactory. You simply need to plan your work better and follow-up more effectively and systematically so that the work not only gets done in a timely manner, but so the results and conclusions are reported back to the persons with whom you are involved. Pan Z-Management Skills Review MTRCCTIONS:On the following pages we listad seven(T)management AM areas that we important in reviewing the performance of a managemttlt e employee.It is suggested that yon follow the procedure when walwting the employees performance in the"skills: 1. Read the AM desaiptbse • Rate the imponance of task skill to the employee's overall job by circling eithetA-Very Importsm B-Important C.Not Impoetau • On those dimensions that you rated either A or B in importance,mark an"X'an the teak at the level that best describes the employee's performance- OL"MANDUG, ABOVE STANDARD. STANDARD, BELOW STANDARD AND UNSATISFACTORY. Marking between levels will put the performance rating at the lesser of the two levels d. Rtkte year rating to the employee's performance as recorded on Part I.Reaiew of Management Objectives by writing your own brief statement in the speee provided rEsampk/Comments Was Pat 1'1 below tech skill that illustrates Specific e:.mples of the employee a performance that support your rating. 1. SIUkJS[NOWLEDGLAND A111UTIM Covisiderrhe rattal to which else manster/suPervisor dem"arst"aam ode ending of the tomplasities,and functionsofthe dee'uioa/departaum:wdtres resources to accomplish goals and objectives;has t he Ability to pknr.or,anue.dram control and budpL dataaeanwtes the espenow and abilities for hu/hee special Deli CE�. O•Impeuns C•Na Important estl/flfd to rttt;lly • Can be esprsled ra tell toosidec orue tow teehnw eenpitww what needs to be aspeers of a problem before done but cannot evaluate maks,f a decisiow the final prodwL Denwstratw operational know. Can be expestrd not to keep Irder al duties and fun.tions ofpraeswonalrreehtrtral m n evets withm the depamesn skJle tprto•daM. and wrcesslullt racedinues dine frrsisnL Has difrsrvlry folbsing M establishing procedures fair Can be esperwd to manage o- •orktnp with appropriate sourm%.them Med of ft.rthee div lxtenslwnitsrprogramL commkaudm ttnable tit plan res use of personnel.capital nutlet and ope►net annal budgets without this supeevnwa Owawndistt t sts. rd f Unsaisfirsorr a Above Standard J% Bebe Standard I swe"afulir motivates emptoreM Centel accomplishes goAs and Would seldom use job bra-ledge to meet high standerda of pari objectives of the job-rah some oro accomplish the goals orad ob. owwAam supenuion and wppon. jecttvn of the job Consisttndv seeks cut woof Came&.but net consistently. Fails to allocate resources to places of infomrtion that rift esabksMa and completes priorities, support department pramuc laclade prolessWna{/tKkmlal akilln Can be expected to demonstrate to Consistency weer budget withots wbordinatss how to pe got an assigned jusidicatat► tusk. Would seldom took at the tet► t'ausay able to evaluate the a&q ury of nical aspects of problems a wart product. befoce making•decisssa Eumpiee/CommentsnomPon l-Re.+.w of ManagementObjettiws: Your interpersonal relations continue to be good. People like You With the restructure of your assignment to remove resQonsibi 'rty for the MoU's, the portion of the system for which you are responsible is somewhat reduced and You do know the employment aspects of Ae system. !n.ANNINCAND OaGANIZINQ Civ" the auto tewhiththe manegerestebishwe plants wher"objectives ibssee mliticeadobtainableand or,anioansartee effettiv*. A•Yves interest •-Impmaq C•Net Iopara names time well and pea am- a"ds,am time. CanaleseMy seroclum wpb glee.amd jo►dwita Dw to absence of a pan.caw way maest„by responding CaeaiaMab,.eluates plan u Crum sed adjuta olip"vee ro M. fkM Changes is game" Seldom provides foltow•up pre► aedfer diocuam cedure■and evoluaoo machine- new acharnew in plata. CaalMdiwR s slow" ! l'traiabettry • Ah,we Slsedsrd ! Belsw Standard I t'eeiaMay achieves Node. thrahr emahleMs tools and Oflee rein Is sleet dowdbera Nice,at sOmI l -ow"sed at- elip"W a befao"ak"g asa w World dhow best two M ars, • err(. am" dttpkcaieg tech,abase Oewwrlraw knowledge of plow Can be eased ed to milds"to. aft No,-Adegv M-plardbi plats a oro thin the>work a a "Maid 90a4 and.JyMtieaa steady pace within estresate and ateniaeerrptea` Iktettsatnaa r avalebie week q M aettwphsbed Can he espered ata to intoe• rep angw.tg frwjesta with, ohm tem pr'"as wales. =i abool rely aeerseasy. Eumpks/Commeuta b+om Pat I-Rwiew d Management Objecdvec..Tl'i" c nn t i n t o a to be one of your we ake n t_ire as. _While use of the VPSR and ESB Lias helped you compile information and have it available as to the status of actions under your responsibility, you still do not give me confidence continued on attached sheet) i D[KNDA Tr AND►OLLOWrMROUGH: Caw Wes 9ba Mesa m wbW tba a»ttagadwtperirsw eabibia tolmbtliy and therauglmew u eampkrttag ses,pr,6,ar A Ywy lslportres s-bapawsnt c•No bap rlsm ' Moes anwigaasena e$gas the Nestle bfpwm ttrmindere And lmi0 r end prodding do ridlapurm task emn- d alta t w • 08manditrp d swdrd V a t afatfefietary :• Abort Standard i Below Standard 1 .*mob".tneki systese CanpNt-thew ants e m seller�e�ed fir egestiegs far e-nitannp end(njloneg son Mumma madams.d 40WO4. �eodr� 7upm the outcomes of all sa- 9Z ac heti"m their etre h prapwd for mar meetings sump mod so Uses, teadaL z W. tbomPwtl-RaviewdManegementobja+:wat: This continues to be another area of weakness. Comments in #2 above apply here. You have improved in this area in that you usually meet specifically directed deadlines, although this is partially a reflection on my placing deadlines on most of your work myself; something I shouldn't have to do if your own folly was better. Keep u.Lthe improvement [ 1 ION MARING/PROBL[M SOLVING. C at the eftemtoWhich the meneder)wpaviearma)"eeeitaetiotu:nelast"elternwirer:mlieitainput.jaawRiw in impleme6wum eomiders tim bseet in•response:end toil We responsibility tor the revAt/outeoma. A-Very haprtaat B•Iseprurt9 C•Net Impawat Makes decisions without nosy Usually makes decisions/sdtw p�knowledge of facts w problem maStderwaa of eltMtaterw that follow a consistent pattern of analysis sad evaluation. Usually anwiRal to aeerpt DisNrya ops um to new pre, staff&Mice or compromise w coom for making offeettw a drumNproblem. Can be expwvd to make a* Alwns elanMe objeetivseeasy.ttoa•cattroversw do- sed arfsebMs nNv6at facts. dumas, Outstanding 4 Standard A low wtaw Abase Stsedrd 0 Below Standrd 1 Dbploye asatmty it Making Can ba expected to make ttwtm6. Insppropnwrh aniyaf smites- difficult deco ase ander pro- ttaa•tomrwereii decisions with• tens and(els to consider,w are. egg acv ddfwuk w pines for itttpaet d a d"waa Consistently ask"difficult Usually foevese on objectives Avoids and/or nes tialwN it mak• dectmons/solves difficult whoa a&"dectaions/&olviteg problems, int dreutoytvseMreg p*Wm, Y Assembles mow facts related to a Can be"paced to shun blame dMisioalproblem. for r unpopular decagon to mmmw else. Usually evdust"results of ds• dsions msdeholutwns unplemotad. Comttntes to apply ansoct isdut "ti to as oniony probim. EmmpWCammento Gum Part l-Review of Management Objectives: With the reduction of your responsibility to- no Qno longer include MoU administration, your decision making has improved somewhat, since you are more familiar with the employment rules than Employer/Employee Relations. You do however, tend to focus on the prokess as opposed to the purpose of some of Cont inufL%p Itachgd stLeee t) ebjeetiv"will staircase mitiwiw a mwMta wbwdaw"b tLS 1 r t foam /supervisor which tIM egntager/supervisor sets well defusedplain said ptoeiitrg them with the[uidaan.support and development " m tvw vary b development aeteety coo lot*those ob,eet A-vaoprter B-Imtrart6ns c•Not Important Nmtld mnsiwe ygorse Seldom seek"•pilot d develop employee Potential for Staff developmeaL Jar advat•rement end prwvida tba 9seeaecfs ewedad Excessively permissive or sa• thmrtan6a m deaktq with Useally dt.r. idem with tem- 8960. phWegge and gives Mset em endil Ef ectwey uses elm ave,sunostmm& ma��not r preen On dky • Suri _ ! Cnwireetwf Above Standard Below Standrd 1 Consistently ia•piv the loyal- Can be ppeenettad to meetly enol Alleges to subeNitwes the IV and respect of wbor4nwae as atateepMw fee the willutp a- he/she dates sat like hw/hor byiaiaL Jose.fair and aver v anant�t`ahwa is 6eeoegplieb i tba Depwtegem:soldier does so~goal, dinfimedis Wassry ia.fteac wapbrae work m dfMpem aopro rdina pbd9 m eve dew esp"t& hl awtryt pertonttansf&fea6nMd•• week msiRments m wkwdinmsti liar adlar dtresuew yds•sial will aceaegvlish, thea douss a sub by hunt Nktlbr employees w work''fork Met ser nomlv rood beim Usswgy enrmragfa•lemma& modrd a=WW and&LL sppaaeb m SO W9 week don, saw.pr.�mm.,,sago.Pwti•RoWowotM&nqjememobjedv= As the analyst assigned responsibility for most of the transactions (almost all of which are routine) processed by this office. you have a leadership role relative to the clerical staff. It is my impression that (continued on attached sheet) Andrea Jackson Management Performance System 5/1/84 — 4/30/85 Z. Planning and Organizing that you are actively identifying and planning to meet examination, recruitment, selection and certification needs. It continues to be my impression that your time and energy goes to those actions I have asked about most recently rather than to planning ahead. The result is a cdhtinuous crisis management. You indicated that you do prepare daily work lists. This'is an improvement but you need to plan farther so you have workplans to meet deadlines several weeks away. The EMS Pay Plan is an example of a good planning job on your part. 4. Decision Making/Problem Solving our activities. For example, the recent occasion when you recommended a request to fill 'the Health Services Budget Officer position be resubmitted to Mark Finucane for his signature after we had requested the examination be cancelled! You were simply applying the standard process rather than analyzing the facts to determine what should be done to resolve the situation. We've discussed this before in the context of your use of "rules" as opposed to analyzing situations to solve (creatively) each specific problem. You have become more independent here too, but you need to make more appropriate decisions/recommendations not just more assertive ones. 5. Leadership are frequently frustrated by your apparent lack of planning; so that they have short turnaround times on the assignments you give them, occasionally receive inconsistent or incomplete instructions, and sometimes are asked to do work which is more appropriately your responsibility. 6. Communication Skills you. You need to keep me better informed. One of your strengths is that you are open and frank in discussing your opinions with me. I rely on that when we are planning together and to be sure that my thoughts are not implemented without critical discussion. s w • AND • l COMMUNICATION KIWI Cerid.r 60 me"to which the rewwwlwtpavi.er.species.bmLArr.etl dearly and all air.y tirmtgh singing Wed opiating and - Wedseetandias of writes and oral notarial. A•Very beprum 1•b.PWN e C-No heptaat 6tartratea eemmmrkstien kseteew Com M esp.et.d to us kuremm staff sed metag.m.ttt Mels awn and technical yrpw .hick abate..axeWeity WwtM be ells to d.tonese wises it Is or is so beneficial to Caw M ap.aw to make woo mp egnea We idea w aplsia tam m b.lre drippy bets. -.lpCbd to request SOMAS ea munnew els wbob M.eweet{ un ylprepnege. ice, Can M eapected to prodigies wrW tang OW spologin communication blase b Wool While owerms so pants. Osnaaednts • V-!!! t Ueeetlafateerr • Mese Standard blow Standard I Cadeloodp hears and Under. Expresses com uniariena Iwrle• Cow"Wave M.s/eet.d is IWa am"testi diva and untu st us Wed oral)that We uwft aeeiPw. mAmmood by the tetdpeat. stn to aveno .my mull is bwmwmm yocompke i n" aas oetawii m t utberttb n awkw4itS dioetiows and/or prarr- d 'explains. can b..ap.eud to wrier awmad ltttM that are rembling.oeldom a the poet and containing not. claw eapearieea br event. s>�amd../co�eanftftPan I-R..;e,dnagoopmeoObjectives: As I've indicated before, you simply need to communicate more. I do not believe that all the things I don't hear about are not bein done or are being done wrong, but I don't have confidence that that is the case because I simply don't get sufficiently complete and timely status reports from (continued on attached sheeti 7.COUNSSLUNG St1UJ: CWeaidw the nuns to which the anapr/aupatoiaer tteae for D.potm.mt's performanc...elttatien proem to affect a fooda clomp is .rplais.b low or.attimM ob .rfermana. A-Very hwsawt sig-I•Poram C•Net 6epatrr Id.ntillsa performance pro. blsma v hen they xeur but tails m nnd.r prates rhea pre.is Aptieipetae sed predicts me- dee. performance problem tbey sear. Gives only occasional feedback to employee regarding perform• Defio...ap.cutione.identifies emu walnatwa except at time paromtey for employee to stew- of atmml_view. grew print to formai wehr tiara t s.kla lienees clearly to employ- an esmokma of itatem.ttta Ou*wdi" • stetdmi s ilaaatiataetary • Abtne suwdrd s Babes i werd i Cets,M toadeea,.mpktyWe mieegnises reed for employ" Wtrasy.ff re advice and prebbme reify autard.re• tYtn.lbay if job performance a mune to aubordmaw Mures.an weemmy and ar dstariaretes is a mums evidencing a pop to O ebbe diae.prd Ise tMe wmwbm ►ase..rogw"tt ft amp twee r beliwF Etta:'"" Zar�eMalCawaaua now Pott I•nwim nit Naoasemewt objet w.c Not a pp l i e ab 1 e. OeeraM Eeaitt.lieac .. . CottaidWteam0ormisIOW pW got nfieetedInthe Review ofMerger,mentAhiertivee(Pan I),andManaamentSkdisRevieer(Pon UHow effedeeistb '. ..rw1..a tee psttaeat job?ltarlk.."lC'o.tea aeale ween.tee dsac:iptioa best attalmarisa oraoll petformaoea. • b dgbk*aboea Joe Para a.nce lo one.and to a Rut at below standard asci aspects of job busk.than is ivy - 07 f—far .. jw Job Ewt ora.. E cone Is w w�. 16 � g Health Services Department • - MANAGEMENT/ADMINISTRATION DIVISION f c; 2500/Uhunbn Awnw • ManirW. California 94553.3191 ! ri• (415)372-4200 t October 25, 1985 To: J. Lee, M.D., Internal Medicine Kaiser Hospital From: Andrea Jackson Subject: Release of Medical Information You are hereby authorized to release the following information to _ t1p► employer. A. Nature of Illness: Ole a . a H. Expected date/month I will no longer be able to perform the full ����. �srope of aq► orcu tional duties based on the attached fob description. eL C. Any other information you feel pertinent at this stage of the illness: /'w cap ..�•- �� ..�3 �r-s��. �,rr-�c.�c�,.rD �vC��i'c« f../.s.� G� v J. e, RE ,,,, Interna Medicined ea Ja o 7 s ( ^` Health Services Department • MANAGEMENT/ADMINISTRATION DIVISION o: 2500 Alhambra Avenin •. ,.'``� Martinez.California 94553.3191 C'aS - (415)372-4200 November 12, 1985 James Lee, M.D. Internal Medicine Kaiser Hospital 1425 South Main St. Walnut Creek, CA 94595 Dear Dr. Lee: I have received the attached information regarding Andrea Jackson's medical condition. As a long-time friend, as well as her supervisor, am obviously concerned about Ms. Jackson. If there is anything I as her supervisor can do, please do not hesitate to call me at 372-4312. Sincerely, Web �Beadd l e Department Personnel Officer we:Jm attachment A-340 rr`nt#7 rev r,hi r • a , FOR DATE -----nit M' f M �- '2 .l :_LL.. : r OF t PF" A-s�t NU N L tP`'r NSId1 w � spa � UTHO w V-SA e&,x a A 10( aoos.. H,.ySt. CROhCKS CO.. 1 _ •.. -.._r•. r, ..• . .. .-.w.. - ._-+.. ...._rw._..rY�.Y+•wti....._ ..-.._..r..•..rM+r4 rr w.r...�r+M r wrr.. .. OF��111-i"'�'�.r�������` �ii��d�A���/ Y���iF����i_:._�'.._ �-...srj_r��_rn+.r` /�`_'_•• _. ..r_ ..V r 7M •�� �IO/r���•w-�•�... X.��JI"'� -" � _�T"'�T'^. Y�M.�iM���T �/."� .� .... �� -.,�,L",,V,ci�,p,,•�f ,,r�,d'-..alErE"�"�•t.�.-�:LEle,.r✓Cisro+•.�.rb.+'�..d. �!!"�"L...„/� �.�L•.'ri.,,+�•�' /GAY'/„+GJY''riti�(�i..�- /�j�,�vs•� S " 03 Ty �" �2%— � s:e'�4"�..����/.�ew...�f� .c G.s�.rQ• �-C 'L'�`s.'�'r�tL.._ '1'ttl:PF.ttMANENTF.Mlri)14ALGRUUP,IN(: '� . G � PATIENT- P O E MESSAGE le--% ru rLt •s oaT Ti •o p ,i„�, •— � L.J CHART Auua (IVO,STRE REQUESTED ❑ NEW PATIENT w N � ��{ .� M E ECEIVEO EY ` , ... 1� MESSAGE • _ UZI f �, --- , .r� f h tyy*IN-cu U. _ff Lu V Y 1 -4 AQV Ics V .dco) Ice, yl 7JLi4-- N IS IG1,461-1 n- oas � A 4. v y w \ ❑R.N. •II vs...4%0W" CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT --+ CON F 1 DENT 1 AE To: Andrea Jackson Date: 1985 Personnel Analyst From: Web Bead Is Subject Phys i ca I Examination Department Personnel Officer PMR Section 1105(b) You have informed me that you have been diagnosed to have breast cancer and that your physician (Dr. J. Lee of Kaiser Hospital, Walnut Creek) has recommended that you undergo surgery. You have also informed me that you do not intend to undergo that surgery. Under these circumstances, I am seriously concerned that your physical' condition may impair your ability to perform the duties of your position. 1 am, therefore, directing you to undergo a physical examination by a physician designated by the County and to authorize that physician to report to me on your illness and continued ability to perform your duties. The appointment Is with Dr. Charles Pifer at 3:15PM on December 2, 1985. His address is 2485 High School Street, Concord Dr. Pifer will need to review your medical chart from Kaiser relative to this diagnosis, so you are to bring that material with you to this appointment. WB:tae 7. •:• �• •f 1+�.. •It• •+y••.ij` +'•i��.f�b.' i1•' ]�'� .1..���.a :v- -1 .. '►""•+ f,!�r b7ti •..• •: (.t.•ti: "�' �� .�. ,�.7 _:�,v�s,M•iY•_rZ:-�-Yt+. :r9'• �Ts.a:�..}:ZY•;a1 T .:•r t'+:.•: '.�� .•{ '}",: ]. _L.: ;;V�:�`:ra• _ ,. ..lJy,.fa• •ti- .-*: .s�� -�.�.Ir•t ,• .• :�:; `i'4,1^,�yt6.. 1 ....�•t, �. -. �,:`•.(. :jt•�rl' '��l•:I:'`:� %Y: tit • •• ��•,+�••o a, - � :lir: ` ' �•' •.,t a i• '^ •' :A.� " •ln ', f; � - i. .. �.. i .,ii �.u.,Yit'r` _�... •-. .:..^ •.a lw •,,.. ;�tp• -M 'S�.• ''o.•. '•,:� �'. •.�- .r+'t..,1`��. �;t�•:a<`:�•.tu''.• �•• �'�. .�;. r�•. '•• •!' �� l .•,a,.+ , � ,y. w7•., ,Wait .'I,G k.!: '�'. G•a��• :�:tiC•.:..... •'i �� ••+• _ \t M{'�•.r.it ..•. y�� E.;d.'i•:.' - ' ' _.•. f-� ••� .t i.,%• \.. ,•i_.. +�-•.i .-•} :`:�..r, '�1 _ {•••-•. ♦♦ .1•:._ Yid• _ %a; •1• .f ~` �.r ,,q 'Y•ti.•-•.�'• T'v.•.. ., .q •.t'rCi'. J.— .✓�� i\'• : .+tom•/' a`tc.'••�.1) '�`f S�J�} � .i. ;ti•.�, G_• ,;:%':ate,•., ...:..} Y .,,• •k .� !! !rw- �,, ' :: �t. "''.�? Ts'•:'.,- y r♦ �`: .: 1�� .. .r.• ;:Y'•:•w. iM�.',C yK� Y�•cy��'.���.` '�.r..:• :t.: .!. �Y:dl'`tN '�!• •�. .. •, � .. .r: j• v yp" '': t�:•. �` ��.�?•�a.;y+ns•3w..y.�,... .�+�;�:. •ti«:. '�. -:wlr.:-+. '7>".7.4 S•:.:.��'.11.; •I, .. s• ! •��'• ���•....,,.r,• Vit: . :►•�• • t%.i• . .. .�• �.:.ri � ��'•�•S-a. ;r:•':•.., yM .i..7• t. r• :`��• r�. :'•,.�:.•- ♦t .. . •s. . - :S:', -.Y, •f�t'•�,•'Sr•`w• ,K'• ,Li- :�; .�.:•'Sjtdl•t•..c• •t[.•'•• ,y .:�:'r•' .r. Fi: •� -'. �'R•.( 1'::A 4-46r: ., -'fig• :\t't; �y1•M!,�• ti•. ,!r,ar'�'�;i �: "r..::>•�a�r':. -•ti•ri •, •••��' •''� �r'i . :i••'� er«��• _ .j ;6,• •• ._7 R. ryrt C_'• �t� �r i^•,::� r: • "�M � •� .�j'„�, rtl ! •1,• t,L.•!r �y owli :_•..�.�1�•1Y'►�t��'•C�{:�`.}t���..�:•,Y frl �..S��rda�. ..V• 'jj���rt•� •F1i '1. �. -t�•S•.. � •�. � ;,�,c •Z :'..: �,a.�4 ;�; ,,,ter: i'•�' ! !: ''• .+, '1H. �.;•• �i •Z T. • •. _ ii•'t•..... '• .... 'NM.:•:j. .1!.V:.wIT.• • !!r.� � t.• i �1'�Yl• ;�1. '.r.i: ��,.�.� :� •'ti ••- -�. .. -L;,.;�;.. .` t •�!t•• Ziti:+Cl'�- }:kms-,r;,R�N'.:�{�'�.7' %i.i+,".Ei'M:1�'}jc'�''. ".'ryy�'�%• -�` C^f�' ' r' t;)' r !,., _.+1 4'�i[:i - t. :;�L' `i.:.. . ..��;.�'•,, --,,5- ice: ,\. ._1��?' .► y.. yi.i;1•i?�i � .;r'"t'a�:+ty .: ,., w�:.••, ��: .,I,L�at�, „���.••` ,�+ \. +��: r 1•M '.1 .�• Y J.•, •A�y r�'+s.'r•:7E+ �•�•::„11L�•��� e.f�,�• -.1 t:.s • _ •'>ta ' 1 ,�!!h!,•ustl'• :t ti. •.•' �� :• 'a.t1 .t.,<•\ `!+[=;.,•�'� n. •: ,. ,J' � i•::`�• .ter.. t♦ i. "twe, • �•t�L`•"•i ;�. is,..' .�, t• .�• .+ 'f. .. •r:a: •.. � .• r.4,•.• °� - �.}���' *:'�'.�t:S�:. w1•�YS�µ.•,•���, a< .�,7�L�� K� .�,• �..n:. i.,,.,''1•r, ' ..�::'� :ori: ...,-:• '-T+'-�"..��./Z:-�i'- % ���= •� .fY"':.',`-';:.:, n:.0°"-• .i��r:: '� =:..: ' ••a: -' t:'':+' •..r:%. Tl,:. t J.. �NLr•ti.'.' •• pi.; �.i: ... � �� � www• , •\.. "a:W:- � •{�•�•. �1= ori 'f -a•..:�+1 i . t +4':�' %''••� f.-'_�e•: W:rt.;� 2 to ter_ • .'� • ., t•�•a • 'i...•,,�;��.; i.'•,.:�a�•"j,' !.:1�f �� f i..1.x.1•:: �. � •-y."•. _�,�.tat :l..t�.•ij� .J7..t: !'fM;� .a•ice �1�11. .e..n� +tom i_}{ce+- f�'7i:�r.yy• .-t.•,-�,.a•' •'a• J, I. 'y-i`' ..e•. �. ; w.1!'4:. `.,1..:� ... •,ri 3, 4tfa��`--'''`t`!. .i .r: 'r��.`. t .r.a •.j. u. ... - • .• ,iib••. * ,,1 ,j_. Kaiw rammeae Medical Care DOOM 0.Ne" - 200,Muir,ford Adminis92M Mani=Cahlomia 94553 266M L Cda,MA..►ACS (415)312-1000 • KQSER PEJIMANENTE *3eoember 4. 1985 Mrs . Andrea Jackson 1902 Heatherwood Drive Pittsburg, Ca. 94565 Dear Mrs. Jackson: Our meeting of 12/4/85, was very enli htening. I was pleased we could meet in Martinez rather than Oakland. I am sorry however, for all the confusion surrounding your medical chart, .your medical condition as well as your employment with Contra Costa County. Your initial appointment with Dr. Broady was schedule in October. However, as an on-call physician with Kaiser I was on duty due to overscheduling of patients and you met with me. You were scheduled to take a number of tests which included the thermography, zeroradiography and mammotraphy. The test results initially showed that there was a good chants of cancer and the next step was to due a biopsy study. As a result of our discussion, you were not willinx to schedule the bioposy until your husband was advised. We further discussed options if sanser was found and surrery was not dcae. I advised you that your life span would be six months to a ,year. You were to discuss the results of the test with your husband and arrange for the biopsy as ss*a as possible. After our meeting your medical file was to be transferred to the Antioch or Walnut Creek Clinic. Unfortunately this diel not occur because the nurse of duty placed the test results in a patient 's folder who had beds seen prior to your visit. Moreover, since that patient was seen as a "spesial referral" from our Redwood City Clinicp the medical file was sent back to that elinie. We are now In the process of retrieving your test results from that patierst 's file and your resords will be forwarded to th• Walnut Creek or Antiooh Clinic. C'� L . Page 2 Letter to Mrs. Andrea Jaskson I have reviewed the results of your tests attain, and consulted with two other physicians and I am pleased to advise you that our initial findings ware iaserr*et. You have a number of small lumps In both breasts whish were caused by milk durlag your last pregnancy. I resemmead you soasult Dr. Lanka for the beat treatmeat. Wken you contacted the advise to have your chart forwarded to to the Walnut Creek Office, my medleal seaeluslons were plasmO In the wrong medioal file. Moreover the w7ong file was forwarded to the sluts. Since we did act retain a copy of the signed release I talked to a number of nurses and prastioners on duty at the time to determine what mivht have occurred. I found that you left the signed release form with a receptionist who Save it to the nurse to complete. The nurse was assigned to work with Dr. James Us. The nurse digned his same to the form but failed to initial it. I hope this letter clarifies the circumstances surrounding your medical chart as well as your medical condition. As you are well aware we will not release any medical information. or discuss your sonditlea with anyone. I am shocked that your supervisor proceeded without your knowledge or approval to obtain further information to assist him to help you to perform your fob. As with many employers, he may believe that *catiauing to employ an Individual suspected of having cancer or potentially dying of *sneer In not in the best interest of the company. This is also considered discrimination. You may feel free to call me at any time. However, as we agreed, no Information (medical or general) will be release,l to your employer unless you so authorize in writing. Due to the holiday season, I will not be returing to my on-call status with the Kaiser Clinics until tke end of January. Good lusk and good health. 314erely. ell-If, is el Mer an N.D. SMI JV VICT 00.WESTMAN OFFICE OF COUNTY COUNSEL CKPUTIss •COUNTY COUNs[L SMAIM L ANO[RION SILVANO IL MARC14EM CONTRA COSTA COUNTY VICKIC DAWCO �T vICKR L pAwtS ARTHUR W.WAL[NTA.JR VIM J.rIMUCAIK A"WTAWM OOUPM AOMONSTRATION NUNJW40 LALIAN T.MA OOMMS G GRA VCS MICHA<L Q FARM 'A.x=M CWZASlTN S IKAftV [OWARO V.LANE„JA. NEVIM 1.Napo PMCIPAL owrIs MART1NtZ cJlur 0 3?a ao?4 os PM&•.MURM P"ONc u 1 s1 m•�o�s LAWAIM R9rTIEN M WIDL DAVID or.11cl+woT LOIMIIw[M WALM December 16, 1985 John J. Leone, Controller The Permanente Medical Group Inc. 1924 Broadway Y'} tl Oakland, CA 94612 Re: Dr. Samuel Morrison, M.D. Dear Mr. Leone: Will you please answer the following question at your earliest convenience: I. Is there now, or has there been at any time in 1985, a Dr. Samuel Morrison, M.D. employed in any capacity by Kaiser Permanente in any of its facilities in Northern California? Your immediate attention to this question will be most appreciated. Very truly yours, Victor J.- Westman County Counsel I 10 ARI W._ ... .�,JR. Vickie L. Dawes Deputy County Counsel VLD:te cc: .Web Beadle, Health Services Personnel Officer 4. OFFIC OCH SACRAMENTO (%�•r WARD SAN FRANCJSM • FREMONT SAN.IOSS MARTINEZ � MILPTTAS SAN RAFAI�. CLARA The Permanente Medical Group, Inc. NOAPA SANTSANTA ROSA 1934 BROADWAY PL.EA.SANTON S.SAN FRANC1SO0 OAKLAND.CALIFORNIA 94618 • (415)488-6100 REDWOOD CftY SUNNf'vALs RICHMOND VALLL,JO U till+ i RUSEV= WALNITT CREEX COMMOLLERS OFFICE j County Counsel JAN 0 2 1986 JMarhw CA 94*5 3 December 23, 1985 : j Vickie L. Dawes Office of County Counsel ! P.O. .Hox 69 Martinez, CA 94533-0006 Dear Ms. Dawes: { Our records do not show a Dr. Samuel Morrison, M.D. employed by The Permanente Medical Group, Inc in 1985. Sincerely . i John Leone Controller ' i JL:ln/dawes-1 i ' `OC1f SACRAMEPM) I. AFIELD SAN FRANCISCO FREAJONT SA.1I.IOSE • HAYWARD SAN RApAXL The Permanente Medical Group,Inc. M 1.R'AS' SANTA CLARA NAPA SANTA ROSA 1485 SOUTH MAIN OAKLAND s SACRA)4ENm WALNUP CREEK.CALIFORNIA 94596 • (415)949-8000 PLEASANTON S.SAN FRANCISCO REAWOODCrIY SUNNYVALE RICHMOND VALLEJO ROSEViLLE WALNUT CREEK IRWIN R.FISCH.M.D. BRUCE R.LOCKE.M.D. KENNETH P.KENTCH Physician-in-Chid Amistaw Phybician-in-Chid Administnaw December 23, 1985 ''bar►sel DEC 2 9 1985 Vickie L. Dawes Deputy County Counsel s4-. Contra Costa County .53 P.O. Box 69 Martinez, California 94553-0006 Re: Andrea Jackson Dear Ms. Dawes: As requested in your letter of December 16, 1985, below are the answers requested in your letter of December 12, 1985 to Robert L. Celia, M.D., as they relate to Kaiser/Permanente-Walnut Creek. ' 1. Did Dr. J. Lee, Internal Medicine, ever see Andrea Jackson as a patient? ANSWER: NO 2. What is the name and title of the person who signed Dr. Lee's name to the . document dated October 25, 1985, and attached hereto as Exhibit A? , 4 ANSWER: Unknown a. What authority did that person have to sign for Or. lee? ANSWER: NO AUTHORITY. 3. Please provide a copy of Mrs. Jackson's medical records which reflect the information contained in Exhibit A. � . ANSWER: There are no records which contain the information in Exhibit A. 4. Who made the diagnosis that Mrs. Jackson had breast cancer? ANSWER: No mention of such diagnosis in Walnut Creek chart. 5. Was it subsequently found that Mrs. Jackson did not have cancer? . ANSWER: Please see answer to question No. 4. 6. Please provide-copy of the medical records which show the discovery that Mrs. Jackson was misdiagnosed as having cancer? ANSWER: Please see answer to question No. 4. -��-- Vickie L. Dawes December 23, 1985 Page 2 7. is Dr. Samuel Morrison employed in any capacity by Kaiser? ANSWER: NOT KNOWN TO US. NOT AT WALNUT CREEK. ' 8. Dld Dr. Morrison ever see Mrs. Jackson as a patient? ANSWER: Please see answer to question No. 7. Ve truly yours RWiN FISCH, M.O. Physician-in-Chief cc: Randy L. Stephens, ESQ. 1407 "A" Street, Ste. D Antioch, Ca. 94509 • t - i • CONTRA COSTA COUNTY ORDER AND NOTICE OF ACTION TO: Andrea Jackson Personnel Services Assistant III NAME CLASSIFICATION FROM: Mark Flnucdne Health Services Director APPOINTING AUTHORITY r TITLE This is to notify you that the action specified below is hereby taken and that notice of this action is being filed with the Director of Personnel. You are hereby dismissed/+dlslleUdxfrom your position of Personnel Services. Assistant III in the Health Services Department, effective 5:00 p.m. January 15, for the following reasons: 19:36 On or about Septwit,er 25, 1985, You told Wub Beadle, your supervisor, that you had teen diagnosed to hava Creast cancer. You subsequently navo Mr. BeaJ1e a written statex.ent (dated 101 ) of this diagnosis sig nod by ycurself and purportedly by a Dr. J. Lee, I ntern; .9.:I ne, Ka l sor•-Wal nut Creek. On 1 1/l d/sS. Or. Jar--s Leta, l nt��rnd l Mou l c l ne. Kalser-W. Beadle a note saying in part .. . i have no record of ever seeing salu patient and the signature Is not my handwriting. Kaiser-Walnut Creek has indicated that there is no mention of a breast cancer diagnosis in your Walnut (continued on attached) You have . the right to appeal this action to the Contra Costa County Merit Board or as otherwise prescribed' in the County Personnel Management Regulations or Memorandum of Understanding covering your classification. The Personnel Management Regulations and/or applicable Memorandum of Understanding govern such appeals and describe the procedure to be utilized in disciplinary actions. If you have any questions concerning this procedure or your rights in this matter, you should read the appropriate regulations or provisions. Date: January 16, 19a6 Department Head: !1arK Flnucane. Health SurvIcos :lrector A copy of the foregoing notice was personally served/sent by certified mail to:. Filed with the Director of Personnel NAME Date: Date: By: Signed: �� r ORIGINAL - Director of Personnel CANARY - Merit Board PINK - Department GOLDENROD - Employee Health Services Department •;1 •• MANAGEMENT/ADMINISTRATION DIVISION 1 � 1 1 - 1 1 O � 1 \ 1 • 2500 Alhambra Avenue Martins. California 94553-3191 (+• = (415)372-4200 co January 16, 1986 Stephine M. Wells Attorney at Law 558 San Anselmo Avenue, Ste. D San Anselmo, CA 94960 Dear Ms. Wells: This is to inform you that your request for an extension of time to respond to the Amended Skelly Notice on behalf of your client, Andrea Jackson, is denied. On January 15, 1986, Judge Dolgin of the Contra Costa County Superior Court denied your application for a Temporary Restraining Order. Before that occurred, Ms. Dawes, on my behalf, offered you a two-week extension of time without pay. Unbeknownst to me, you did not accept that offer. Instead, you came to my office and requested that the two-week extension be paid with vacation accruals. Anything I or Mr. Beadle stated to you on January 15, 1986, was under the mistaken belief that you had accepted our attorney's offer, and it was without advise or communication with our attorney and without knowledge of the results of the court proceedings, that afternoon, about which you disclosed nothing. Sincerely, • Mark F�inucane Health Services Director MF:jm C� 1� � I`•� ���4 It _ ' � • ' I PROOF OF SERVICE BY MAIL 2 I, NIKA N. QUIRK am a citizen of the 3 United States and a resident of the County of Marin. I am over 4 the age of eighteen years and not. a party to the within- 5 entitled action. My business address is 1811 Grand Avenue, 6 Suite F, San Rafael, California, 94901. 7 On April 17, 1986 , I served the within 8 CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BY: ANDREA JACKSON 9 10 on the parties in said action by placing a true copy thereof 11 enclosed in a sealed envelope with postage thereon fully prepaid 12 in the United States mail, addressed as follows : 13 Clerk of the Board 651 Pine Street, #106 14 Martinez, CA 94553 15 16 17 18 19 20 21 22 23 I hereby declare under penalty of perjury that the foregoing 24 is true and correct. 25 Executed on this 17th day of April. 1986 26 at San Rafael California. 27 28c,.-- A� LAW OFFICE OF 1811 Grand Ave. Stephine M. Wells (415) 453-4747 Suite F San Rafael, CA 94901 April 17 , 1986 Clerk of the Board 651 Pine St. , 4106 Martinez , CA 94553 Re : Claim of Andrea Jackson v. Contra Costa Co. Dear Sir/Madam: Enclosed please find an original and 1 copy of CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY in the above-referenced matter . Please : File the original and return DATE-STAMPED copies in the envelope provided . ----- Have the Judge sign where necessary and conform copies , returning them in the envelope provided . Issue the Summons and conform copies , returning them in the envelope provided . Enclosed is our check in the amount of $ to cover the cost of filing . If you should have any questions , please do not hesitate to call . Very truly yours , LAW OFFICES OF STEPHINE M. WELLS IL By: w/encl . CLATM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY wRE : Claim By: ANDREA JACKSON Against the County of Contra Costa , HEALTH SERVICES DEPARTMENT, WEB BEADLE AND MARK FINUCANE The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District or entities in the sum of $ 50 , 000 . 00 and in support of this claim represents as follows : ---------------------------------------------------------------- 1 . When did the damage or injury occur? (Give exact date and hour ) 1985 and 1/ 16/86 at 5:00 p.m. 2. Where did the damage or injury occur? ( Include city and county) Martinez , Contra Costa County, California 3. How did the damage or injury occur? (Give full details) See attached Exhibit A 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? See attached Exhibit A. In addition , the County allowed Beadle to invade Jackson 's privacy. 5. What are the names of county or district officers , servants or employees causing the damage or injury? Web Beadle , Mark Finucane . See Exhibit A. 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed . Attach two estimates for auto damage. ) Loss of benefits and income , money damages in the amount of $10 ,764 .00 General damages : $3,000.00 Medical , mental and emotional , in the sum of $480.00 Future medicals : $5 ,760.00 Total : Approximately $20,000 .00 Emotional distress : $30 ,000.00 EECEIVED R I q 1985 IL ATCMELOR TIRI SUPERVISORS 4 7 . How was the amount claimed above computed? ( Include the estimated amount or any prospective injury or damage. ) (a) Three months pay (b) Out-of-pocket medicals , present and future , for emotional distress . 8. Names and addresses of witnesses , doctors and hospitals . George Woods , M.D. Psychiatrist 1617 Broadway, Suite 9 Vallejo , CA 94590 9. List the expenditures you made on account of this accident or injury: Date Item Amount 1-14-76--- present psychiatrist fees 0.00 1-12-86 - present legal fees $1400.00 SEND NOTICES TO; STEPHINE M. WELLS, ESQ. 1811 GRAND AVENUE SAN RAFAEL, CA 94901 (415) 453-4747 DATE: SIGNED: EXHIBIT A I . INTRODUCTION Andrea Jackson was first employed by Contra Costa County on September 21 , 1974 . After almost twelve years , she was terminated . Andrea progressed through the ranks holding first the posit-ion of Personnel Counsellor , then Administrative Analyst and later was promoted to Personnel Analyst III with a monthly ending salary of $3 , 120. During her progressions , and until her mid-1982 performance review authored by Web Beadle , feedback concerning her job performance was good . Throughout her performance as a Personnel Analyst , Andrea continued to receive letters of commendation for outstanding job performances . Four examples of the commendation letters are attached hereto and made a part of by reference as Exhibit A , consisting of four pages . Web Beadle , Andrea ' s last supervisor , initiated her termination . He had become her supervisor in the latter portion of 1981 . Until he became her supervisor , her county employment record reflects a steady and favorable progression , without blemish. Beadle 's first performance evaluation of Andrea 's job as a Personnel Analyst III is dated May , 1982 ( Exhibit B) . This evaluation contained some criticism, however , the criticism was constructive . Later in a memorandum from Beadle to Andrea dated October 29 , 1982, Beadle acknowledged that Jackson 's work kept her busy and he added that she was doing well . See Exhibit C Beadle ' s second evaluation of Andrea (May , 1983) also reflects , in general , clarity of direction ; this evaluation , like the 1982 evaluation , was brief. See 1983 evaluation , Exhibit D. The turnaround in his evaluative style occurred on his 5/ 1/84 evaluation ( Exhibit E) . The change was not just the department ' s change in performance evaluation format , but a change in the direction of Beadle 's comments . His comments were more subjective rather than objective , measuring difficult qualities . He talked less about concrete lack of skills that she could improve . The 5/ 1/84 evaluation is pervasive with Beadle 's concern about his responsibilities and begins to demonstrate fully the tenor of his criticism. His 1985 evaluation became more detailed , abstract , subjective , austere , grandiose and self-reflective . He even began to attempt to measure her lack of ability to anticipate and even Exhibit A assumed to measure when she should have been embarrassed . ( see Exhibit F, 1985 performance evaluation) At the same time , it is reported that Beadle 's actions toward Jackson also changed . He is reported to have , on more than one occasion , thrown papers at Andrea when giving her an assignment . Her co-workers , aware that Beadle unnecessarily pressured Andrea , began expressing words of pity for her dilemma . Clearly, for whatever the reason , Andrea had , by mid-1985, become Beadle 's target for abuse . During most of 1985 , Beadle continued daily to monitor Andrea 's work. His cryptic and caustic remarks to her about her performance increased . Whenever he approached her , her response became, "What did I do wrong now, Web?" . At the onset of Beadle ' s tyranny of demands , couched as criticisms , the department had just gained a new director , Mark Finucane . It is reported that Mr . Finucane set high standards . This may have frustrated Beadle as well as made him feel insecure about his job. However , while Beadle took his frustrations out on Andrea , she continued to receive letters of commendation from outside of the department . Finally , by the 5/23/85 evaluation , Beadle had swung full scale in his criticism of Andrea . His excess is evident in the length of the extensive review of Jackson 's performance and the fact that every single aspect of her job imaginable was detailed . II . CHRONOLOGY OF EVENTS On January 16 , 1968 , Andrea Jackson received personal service at her home of a notice and order of termination following a Shelly Notice advising her of a proposed termination at 5 :00 p.m. on January 15, 1986. The reasons for termination are alleged violations set forth as : Section C: Conduct tending to bring the merit system into disrepute ; Section F: Insubordination ; Section J: Violation of any lawful or reasonable order given by a supervisor ; Section H: Unreasonable failure or refusal to undergo any physical or medical exam; Section 0: Dishonesty. The immediate factual setting prior to Ms . Jackson 's 1st Skelly Notice begins approximately October 15 , 1985 . She 2 Exhibit A informed her supervisor , Web Beadle , that Dr . Morrison at Kaiser- Oakland had diagnosed breast cancer . Less than one month later , Mr . Beadle asked Jackson to provide written proof of her cancer diagnosis . On October 25 , 1985 , Jackson submitted a form to Beadle completed and signed by Dr . James Lee purportedly from Kaiser- Walnut Creek verifying her cancer diagnosis . (See Exhibit G) The record is devoid of the actual date Beadle received Dr . Lee 's report . However , on November 12 , 1985 , Beadle wrote Dr . Lee requesting further information about Jackson 's medical condition ; his motive for writing is unclear . (see Exhibit H) On November 19 , 1985, Dr . James Lee wrote Beadle disclaiming any knowledge of Jackson as his patient and notified Beadle that the signature on the diagnosis was not his . Beadle ' s next move was to conduct a one-man follow-up investigation that included November 20 and November 27 , 1985 telephone calls to Kaiser and a November 29 , 1985 visit to Kaiser . (see Exhibits I , J) These investigations transpired without Jackson 's knowledge . In fact , on 11/27/85, Beadle told Kaiser that he suspected that the document was a forgery. See Exhibit K. With knowledge of Dr . Lee ' s response , Beadle drafted a memorandum directing Jackson to undergo a physical examination by Dr . Phifer . (see Exhibit L) The memorandum contained blatant misrepresentations . This memorandum proves that Beadle misused his authority as supervisor for the sole purpose of initiating procedures to terminate Jackson by setting her up to violate county regulations . On December 2, 1985, Jackson was given the memo directing her to undergo a medical exam. The exam was scheduled for the date in the memo , December 2, 1985 . Jackson did not keep that appointment . Morover , Beadle ' s most shocking and outrageous conduct was his attachment of Dr . Lee ' s October 25 , 1985 diagnosis to his note to Dr . Phifer . Clearly , he attempted to deceive Dr . Phifer and solidify his Jackson trap since it is evident from the record that he at least suspected that the Lee document was forged by Jackson . Therefore , he tried to use Dr . Phifer as a pawn in his malicious and vindictive game . On December 3 , 1985 , Beadle gave Jackson a Skelly Notice advising her that she was terminated . The notice was obviously 3 Exhibit A prepared prior to her refusal to see Dr . Phifer and was not a result of her refusal as he claimed . The record indicates that as of December 2, 1985 , there was no evidence that refuted Jackson ' s statement that she had terminal cancer . She was suddenly demanded to undergo an immediate exam. She had no knowledge that Dr . Lee 's statement was being suspected or questioned as a forgery. She was not on notice that her supervisor was ordering her to undergo a physical examination for the express purpose of validating his suspicions . If she refused the exam, and in fact believed she had cancer , her refusal is reasonable . On the other hand , if she fabricated a cancer diagnosis , her mental health would be at issue . Moreover , Ms . Jackson could not be fired for having breast cancer nor for mental illness . It is Beadle and not Jackson whose conduct brings the merit system into disrepute . Under the circumstances , Beadle 's order to undergo an exam was , at the very least , an invasion of privacy. His motives were deceitful and malicious . Moreover , given Jackson 's status as a professional employee , with almost twelve years of service , it would have been reasonable to simply confront Jackson with Dr . Lee 's response . The totality of the facts , given Beadle 's role in exposing Jackson , certainly refutes his allegation that she was insubordinate . Part II Amended Skelly Notice continued from December 10 , 1985 to January 15, 1986. On January 3 , 1986 , Jackson received an amended Skelly Notice with a proposed termination date of January 15 , 1986 . This notice was based on allegations contained in the December 3, 1985 notice plus .an additional letter signed by a Dr . Samuel Morrison dated December 4, 1985 and attached hereto . (Exhibit M - 2 pages) On December 16 , 1985 , deputy County Counsel Vickie Dawes wrote Kaiser Martinez Controller Leonie requesting verification that a Dr . Samuel Morrison existed . (see Exhibit N) On December 23 , 1985 , Controller Leonie responded that Kaiser records do not show a Dr . Samuel Morrison employed . (Exhibit 0) The same response was given by Kaiser Physician-in- Chief, Dr . Irwin Fisch in his letter to Ms. Dawes dated December 23, 1985 and attached hereto as Exhibit P. 4 Exhibit A As a result of the foregoing inquiry, Jackson received a second amended Skelly Notice . On January 15 , 1986 , deputy County Counsel Vickie Dawes represented that Mark Finucane , Health Services Director had agreed to a two week extension of Ms . Jackson 's termination date with three terms : ( 1 ) two weeks without pay; (2) on the 13th day of the extension , a response would become due ; and ( 3) counsel for Jackson should make an appointment to see Finucane on the 14th day. Ms . Jackson , after almost twelve years of County Service , had accrued a large amount of leave time, to wit : (a) 100 hours of vacation leave ; (b) 40 hours of sick leave ; (c) 4 hours of floating holidays ; and (d) 40 hours of administrative leave . If she was terminated on January 15 , 1986 , she would lose , forever , the time referred to in b and d above . Therefore ; she requested a modification of Finucane 's agreement . Specifically, Ms. Jackson requested to use one week of her accrued time and one week without pay during the two week extension . The purpose of the extension was twofold : ( 1 ) To allow her new counsel , retained January 11 , 1986 , the time to investigate the claims against her . ( 2) To require Kaiser to conduct an in-house investigation of allegations that involved Kaiser . Ms . Dawes , encouraged by the Honorable Judge Dolgin , discussed the two week extension with Finucane , in light of Jackson ' s long time service with the county and a lack of a plausible explanation for the Kaiser situation . Ms . Dawes demanded a response by 5 :00 p.m. and then changed Jackson 's time to respond to Finucane 's offer to 4 : 30 p.m. This conversation took place at approximately 3 : 30 P .M. on January 15 , 1986 in Judge Dolgin ' s courtroom , following an in chambers , on the record , hearing on Jackson ' s application for a preliminary injunction enjoining her 5 :00 p.m. termination . At approximately 4 :20 p.m. , Jackson 's counsel delivered the response to the amended Skelly Notice to Finucane . After he advised the receptionist that he could not see Jackson 's counsel , . counsel asked the receptionist for Vickie Dawes ' telephone 5 Exhibit A number . At that time , the telephone rang and counsel was advised that Finucane could see her . After explaining the terms of Dawes ' offer and requesting a reconsideration of Jackson 's use of one week of her time , Finucane agreed to allow Jackson the extension with one week pay from a category of her accruals selected by her . Further , Finucane and Beadle emphatically and unequivocably advised counsel that they would inform Dawes that Jackson had accepted the offer and that one week pay was a term of the contract . On January 15 , 1986 , prior to 4 : 30 p .m . , counsel then telephoned. Dawes and advised her receptionist , when told that Dawes ' line was busy, that Jackson had accepted the offer . Dawes either ignored or decided not to admit that Jackson 's attorney had telephoned accepting the terms of the offer . Notwithstanding these events , Jackson received the final termination order on January 16 , 1968 ( See Exhibit Q) and her counsel received a letter from Finucane dated January 16, 1986, (Exhibit R) . This letter terminated Jackson in breach of- the Jackson/Dawes/Finucane Agreement to extend Jackson 's time two weeks . In light of the foregoing , Dawes , Finucane and Beadle were dishonest . And yet , Jackson has been terminated by those same accusers who themselves partake in various degrees of dishonesty. 6 1-2 r-1 CONTRA COSTA COUNTY !�, U L: L U _ HEALTH SERVICES DEPARTME It P.UG 51983 CUNrRA COSTA C011"lTY HEALTH SERVICES PEKSo'r' El To: Andrea Jackson Date: August 4, 1983 From: Gordon Soares Subject: AFFIRMATIVE ACTION - ACTION ITEMS COMMENDATION I've reviewed your draft of the various action items and wanted you to know I think you've done a fine job. It's a well thought out and helpful piece of work. Nice work! GS:jb cc: W. Beadle Personnel File A-41 3/81 CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT Andrea Jackson, To: Affirmative Action Coor inator date: November 6, 1984 From: Mark Finucane, Dire for Subibct: AFFIRMATIVE ACTION ANNUAL Health Services REPORT - 1983 I've just recently received the Affirmative Action Annual Report for 1983 from Emma Kuevor and I would like to commend you for the good work on your part in submitting the affirmative action data/progress in the Health Services Department. Keep up the good work. MF:cbc (8)AAAR 81984 CU►,IRA COPERSONNEL NEALYN SERVICES A-41 3J81 Contra Personnel Department Costa� Administration Bldg. 651 Pine Street County Martini, California 94553.1292 `� DATE: April 18, 1983 TO: Mr. Web Beadle - Personnel Services Officer FROM: Mr. Howard Browns^n - Safety and Benefits Officer SUBJECT: Andrea Jackson I want to commend Andrea for the fine job she did in preparation for the recent Unemployment Insurance Appeal hearing on the Marlene Schwah claim. Her organi- zation of data and written presentation was excellent and enabled the judge to rea�'ily follow the County's process in separating this employee. The case has been continued because of the ver' osity.of the claimant. Andrea's presentation was professional and complete. HEB:sm cc: Andrea Jackson 0000 I NPR 1 1963 CG:4TRi1 COSTA COUNTY HEALTH SERVICES PERSONNEL C C A • Ont Personnel Department Costa Bldg. J` 651 Pine Street C^urty Martinez, California 94553.1292 September 12, 1984 Dear Andrea: This is to personally thank you for all the work you did during the protracted negotiations for 1983-84. It was a long, tiring, frustrating and hectic road, but we made it, thanks to a "great - management team" which included you. I look forward to your participation in next year's roun4 of negotiations. Thanks again, Andrea, Bill Hamilton, Chief, Employee Relations BH:md CC: P. Batchelor H. Cisterman W. Walker 4 CONTRA COSTA HEALTH PLAN TO: %Web.:$eadle. ; DATE: July 1, 1983 Departmental Personnel Officer William C. Cristy FROM: Director of Finance & AdmininstrationSU EJECT: A for Linda S. Houseman�r� - n rea Jackson ssistance Business Manager Just wanted to let you know how much we appreciate Andrea Jackson's recent efforts on behalf of the Health Plan Business Office in exped- iting and following through on processing the several new positions here under limited time constraints. She was always most pleasant, accommodating and helpful . We are grateful for her assistance at this particularly difficult time of expansion for us. WCC:LSH:fmw cc: Andrea Jackson JUL 5193 CONTRA COSTA COUtATY PERSONNEL 10010 SERVICES A-41b CONTRA COSTA COUNTY A CONTRA COSTA COUNTY HEALTH SERVICES DEPARTME MI OFFIC;: OF ADMIN. HEA;iN COM?L RES? EXHIBIT FILE No. To: Andrea Jackson Date: May 10, 1982 Personnel Services Assistant From: Web Beadle Subject: PERFORMANCE EVALUATION Department Personnel Officer 5-1-81. - 4-30-82. During this evaluation period, you have been responsible for providing personnel support to the Mental Health Division and for several months, the M&A Division. You have also been the Affirmative Action Officer for the Health Services Department. In the latter capacity, you have been diligent in pursuit of possible complaints and problems. You do need, however, to be far more agressive in pursuit of the action items in the AA Plan. In the former capacity, you've shown consistent interest in meeting the needs of the people you support and in properly administering the Merit System Rules and Memoranda of Understanding. At the outset, your knowledge of these rules and their applicability to daily personnel activity was limited but this has improved to the extent that you are now as knowledgeable about the rules as one can reasonably be. Most importantly and remarkably, you have never (to my recollection) made the �— same mistake twice. You do make conscientious efforts to learn and it shows in the increasing effectiveness of your work and the greater independence I have allowed you. I have reached the point of having confidence that you will handle personnel actions properly and will bring critical problems or controversial issues to my attention. . You are a good journey level analyst with areas in which improvement would raise you to an excellent analyst. These areas are discussed below: 1). You simply need to organize your work better to be sure priorities are done first and deadlines are met. This doesn't always occur and you sometimes let yourself be . distracted away from the most critical tasks assigned to you. I will help in two ways: First, by being willing to negotiate and adjust priorities if you are overloaded and by permitting you to attend the next available time management course. You, of course, must initiate the negotiation on priorities when you are overloaded. 2). You need to develop a greater "feel" for personnel A-41 3181 -2- management beyond what is stated in the rules and what the divisions want. While it is our job to take what the divisions want and get it for them within the rules, we are also expected to add an ingredient of our own: expertise which helps us create solutions and alternatives. There are several areas where you could expand youf expertise. One or two general masters level courses in organization and management would help you recognize and develop pod personnel and staffing plans, beyond those that simply con o m to the rules. A more precise and complete verbal and written communication pattern would enhance your ability to transmit subtle messages more clearly. You sometimes tend to make "absolute" statements which can be received as rules; as black or white rather than a shade of gray. Your written communications have improved dramatically in terms of completeness, clarity and readability, so I anticipate further improvement. You have also shown growing initiative and+--- self confidence which will benefit you with continued growth. This may partly be a matter of combining the expanded knowledge and the more precise communications already mentioned, but it will also require more initiative on your part to think "what is desirable or needed" in a particular situation rather than "what do the rules say" or "what was I told to do". You will benefit from training which expands your general management knowledge and skills. Please watch for courses which are of interest to you (I will too) and I will authorize time and money (as available) to offer you career development training. Also, I will make more effort to be available to you to discuss problems and issues you have so I can show you (hopefully) the type of process and results which I need and which I feel you can accomplish. WB:pt Reviewed by C %OLD Reviewed by Next-line supervisor r CONTRA COSTA COUNTY NEALTM SERVICES PERFORMANCE EVALUATION aaa-d�-61, Classification:- -21 s: First Probationary D Final Probationary Salary iteview'� Temporary ipetial t y Annual / Permanent Period Caversd: Note: One or more ratings in blocks marked with or asterisk constitute an ynsat+slacto'y report. Unsatisfacto* Improvement Work Nork y it of Mtj�K 1. QUALITY Acquired Satisfacto'y Coni st—der the thoroughness or work and ability to pertprr U D work of high&rade Consistently KEMAKKS 11. DEPENDAE:t.ITY Not Dependable iris;ala Dependable Extremely tLe;,e^^r Consider relm1:111ty In execution of assigned tasks; dependability D in folloowining instructions; is lot � D and jooC work done -ill constant supe•vis+c-? rtE"rJ.Rr. 111. MU"!AN 1IELATiC115 Dist eys Littte o• Averale Ability to Ge: g,i�cs E••t e : Unsa:isfactorr Nt Ability tc Des' t Consicer tac: a-.: Mntl o..a+rues ril:• f=erplt Along Ill Peotle Ke'vws lr1:1. Ft. in dealing wite pati!^:s an: vistto•s; ; ability in maintaining favorac:e i l relatiois ano de�art�+tntai ;ccc D D 1 will, REMA. t;! IV. Q--Ill Unsa:+s�a.tC'> V! y S+ow %alk! FrOCwCls i.vlra�e Co-size, tl voiu^�e cf v. Ar,o:•.: of vr. Ail E._.•t. accomplished unci' nprr.g' I it with v list and in! p'o'et: !st �1 t"�1 �+•s with whin'. it is to'r•;Ila:. �,.�Ji V. IN:TIATiVE Nil Corttn.ra.:s & Sa:rsfacto'y 011, �'—• Ur.sa;isfax:o•y Repea:eC Instr,,ctio^.s Aral>^i- a S- V. the a:.+.tty to Ill wit.. th! f�0lln! Npr► lyr t » varied p►obitma resson81.1y expecte: I to come up on the job bee, D D D t-...I tonalatartity dtmonstra:et" Sill rsllsnce; planning and ambition' KEMARKS V1. COOoERATION Actively Cooperates Nntr. Gcet ::ly Goes 0,.:1r'rsis v- 7 Consrdr. attitude towIJ arG wo•►, the ncoop!'a:iv! PretsuteG Coope a:rv: 7o Cone t:e willindeparmens and associates. afo r--� D D D willanxness to work with anG for I(,• ,� others, PREAi1KS Vil. �ATTENDANCE atisfactory Indifferent Attendance Occasionally Abse-.: Excerle,Ae:Il what Ism attiwce town: Rees:- isttendartcs* On the lob" t a KEMARKS -T dell. APPEAlkIll Unsatis{acto•y Indifferent AcceptableExt►e-r'v +nr :ss Mow is Ill one persons' El i pressncei /ryae . good f,'1 D Impressior.+ ilJI CONTINUE ON RE VE KSE -� CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT Andrea Jackson October 29, 1982 To: Personnel Services Assistant Date: From: Web Beadle 0 Subject: YOU MINK YOU'VE BEEN BUSY! Department Personnel Officer You have indicated repeatedly and, in varying tones and mannerisms, that you are working hard and there is too much to do. Attached is a report prepared by the County Personnel Department listing the personnel transactions for the period October 1, 1981 through September 30, 1982, processed by the County Personnel Department. Note that depending upon the transaction, Health Services has orig- inated a minimum of 19% of the transactions to a maximum of 55% of the transac- tions and that 41% of the overall transactions have been processed for the • Health Services Department. You have been busy and the fact that you have carried out your portion of this volume of the work with as few difficulties and as little notice is an indica- tion of how smoothly and how well you have been doing your job. If the Health Services Department continues to grow and change, your work load, and I am sure your level of performance, will remain high. I know that it is a lot of work and that you are very busy and I appreciate your efforts. WB•ps cc: A. Leff, M.D. G. Soares aGN vv A-41 s/al #4—y a- PERSONVEL TRA.NSACTI04S October 1 , 1981 thru September 30, 1982 County Health Health Total Services Services APPOINTMENTS 13na 57n a4" SEPARATIONS 866 305 351 PROVISIONALS 262 51'' TRANSFERS 7R 43 55'' REASSIrN►'E"JTS* onJ? 4,50 ^r DEEP CLASS REASSIGNt1ENTS 1?1 F1 5^" LIMITED TERM APPOINTMENTS '" 1127 274 2a� EXTENSION OF LIMITED TERM* F53 275 42' END LIMITED TERM* 985 an8 41 EMERGENCY APPOINTMENTS 387 91 24" MERIT REPORTS 2512 inns Ana! PAY FOR WOPK, If.! A HIGHER CLASS 1?1 23 ln" DELAGATED A.UTH - Position Adj. 279 Cl 1°" CERTS PROCESSED 1751 Q51 POSITIONS nN CERTS 21Q2 1834 47" CONTP.ACT TEMPnRY HELP Sao 1Fn ALL UNCLASSIFIED TRANSACTIONS 19'l E5 �5« GRAND TOTALS 14.513 5051 *Average based on monthly nercentanes $I wctafts stEc-riew aoxx .* s.a soft. NOTE: Leaves of Absences and Return to Work documents are not O � OCT 2 u 182 Report completed Monday, October 19, 182 CONTRA COSTA C-ouNly HEALTH SERVICES PERSONNEL CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT To: Andrea Jackson Date: June 2, 1983 Personnel Services Assistant III •• From: Web Beadle Subject: 1 PERFORMANCE EVALUATION: Department Personnel 5-1-82 - 4-30-83. During this evaluation, you have continued your previous responsibilities for the A/DA/MH and M $ A Divisions and your previous role as A. A. Officer. In the latter capacity, you have been diligent in pursuit of possible complaints and problems. You do need, however, to be far more aggressive in pursuit of the action items in the A. A. Plan. In the former capacity, you've shown consistent interest in meeting the needs of the people you support and in properly administering the Merit System Rules and Memoranda of Understanding. Your knowledge of these rules and their applicability to daily personnel activity has improved. You do make conscientious efforts t, earn and it shows in the increasing effectiveness of your work and the greater independence I have allowed you. I have reached the point of having confidence that you will handle personnel actions properly and will bring critical problems or controversial issues to my attention most of the time. I believe, however, that your growth in this area has "flattened out". You are a good journey level analyst with areas in which improvement would raise you to an excellent analyst. These areas are discussed below: 1). You need to develop a greater "feel" for personnel management beyond what is stated in the rules and what the divisions want. While it is our job to take what the divisions want and get it for them within the rules, we are also expected to add an ingredient of our own: expertise which helps us create solutions and alternatives. There are several areas where you could expand your expertise. One or two general masters level courses in organization and management would help you recognize and develop good personnel and staffing plans, beyond those that simply conform to the rules. A more precise and complete verbal and written communication pattern would enhance your ability to transmit subtle messages more clearly. You sometimes tend to make "absolute" statements which can be received as rules; as black or white rather than a shade of gray. Your written communications have improved dramatically in terms of completeness, clarity and readability, so I anticipate further improvement. You have also shown growing initiative and self confidence which will benefit you with continued growth. This A-41 3�ts1 may partly be a matter of combining the expanded knowledge and the more precise communications already mentioned, but it will also require more initiative on your part to think "what is desirable or needed" in a particular situation rather than "what do the rules say" or "what was I asked to do". 2). You simply need to organize your work better to be sure priorities are done first and deadlines are met. This doesn't always occur and you sometimes let yourself be distracted away from the most critical tasks assigned to you. In your new role as a team leader, your lack of organization will affect the work of your clerks if not corrected. A careful reading of the two paragraphs above will show that they are substantially a verbatim repetition of those for the period 5-1-81 - 4-30-82. That, in itself, is, perhaps, of greater concern to me than the particular performance areas. For my part, I will offer assistance in several forms; First, I will make available reimbursement for training, and even some periodic adjustment of your work hours, so you may attend specific courses to improve your management knowledge and skills. Second, I will be available weekly to discuss and help you plan your work in progress, to adjust priorities, and to re-negotiate dead- lines. I will also be available on a drop-in basis as our schedules permit. Lastly, if the first two mechanisms are not successful, it may be necessary to change your assignment to one with more structured duties and closer supervision; particularly closer direction over the management employee transactions which have recently been assigned to you. Much of this department's responsiveness to change depends upon effective management of these personnel and this office needs to contribute to that responsiveness. For your part, you can also do several things: First, you should identify (by October, 1983) management courses you wish to take. Second, you should begin to prepare work plans for each major project and weekly plans to integrate all your work in progress according to relative priorities and individual dead- lines. Lastly, you must take the initiative to identify issues for our discussion and anticipate workload problems requiring priority or deadline re- negotiation before the deadlines are passed. WB:ps Reviewed By: Andrea c on Reviewed by Next- Line Supervisor: r on Soaxes Contra Costa County r- Health Services Department MANAGEMENT PERFORMANCE SYSTEM (MPS) Name t=-��'--so>�-- Classification Si � Y '-) Unit Performance Period 6 bIg 3 to General Instructions There are two (2) parts to this performance system: Part 1 - Review of Management Objectives Part 2 - Management Skills Review ?>' .A0 Both parts are important to the management employee's growth, development and organizational contribution. Below is a recommended approach for using this performance system in an effective and positive manner. 1. At the beginning of the budgeting cycle, you and the management employee develop a Management Work Plan.The objectives on the Work Plan are most effective when they relate to the overall mission and goals of the operating unit and are expressed in specific terms that describe an observable and/or measurable outcome. V. 2. During the year,itis recommended that frequent review meetings be held for the purpose of discussing progress in accomplishing the Management Work Plan and/or to make adjust- ments in the objectives. 3. a. Near the management employee's anniversary date, Part 1 - Review of Management Objectives and Part 2 - Management Skills Review are to be completed, reflecting performance since the last formal evaluation.In cases where the employee's anniversary date does not conform to the end of the budget year,the objectives being reviewed may encompass and/or overlap into more than one budget cycle. aAq�T• b. The completed and signed MPS trifold (not including the Management Work Plan`s�e submitted to a reviewer and then forwarded to the Personnel Office,with a copy given_'leo the management employee whose performance was reviewed. ' / r R•' LlY/ 4 -------a—+-=-r - - Part 2 -Management Skills Review LtiSTRUCTIORS:On the following Pages are listed seven(i)management skill areas that are important in reviewing the performance of a m +ge'o"A" , employee.It is suggested that you follow the procedure when evaluating the employee's performance in these skills: i. Read the skill description: 2. Rate the importance of each skill to the employee's overall job by circling either. A•Very Important B•Important C•Not Important 3. On those dimensions that you rated either A or B in importance,mark an"X"on the scale at the level that best describes the employee's performance, OUTSTANDING, ABOVE STANDARD, STANDARD, BELOW STANDARD AND UNSATISFACTORY. Marking between levels will put tIr ' performance rating at the lesser of the two levels. f 4. Relate your rating to the employee's performance as recorded on Part I-Review of Management Objectives by writingyourown brief statement in the splice provided('Example/Comments from Pan t")below each skill that illustrates specific examples of the employer's performance that support yourrstiog, I. SAI1A.S.A%4J%%l/UGk.AN U As t 1.ITIkS: Con sidert he extent h,which themanagtrtsuprn i.nr demunarairs anondrrssanding ufthreunlpiexit ins and fun'loo.of it, dirt.ioni dep:m mr 1.e to ihr r.rrso41rrr.n.arenmpbsh glial.,and ob)t•ct i,:has hr alitlit.y o{>lan,urxamre.dtrrr4 eonn.d ip1 budget:demunmrairs the rxpeni.t'and abihtirs fol hin.'hei-pi tt,il field. A-l'rn 6upurton B-Important ('•Xot Important 6 Cao brrxi r,led w o,uAllt fan I.-rxprclyd to tell I"nsidrt a 1 Ill..I''chowal rmplutrr, cclim nerds to hr A,prcts ill a p.ubirnt briar dour but.An1.ut rvalumv n14lu.g a a'."I"n, thr 1,1141 ptudut i. Urnun.snaa•.a{,rralnntAl lnus• Can In.rxprctrd nut n,lrep h•Agr 1.i dour.And 1411.11 ions of itolrssiuual.tel hail At r1..dour.witfuo for drpanf a 111 dill.up•ro•dau•. auo�sus o rs.lulh t om 41414,1•. It— fuactitns. NAs dilliouhv lullosing ,I rswiJklinig pro,rdurrs fur . Can 1),ex{Irl'nA to...a.Llgl'Ir• wn,l,ng M II II A``.pl a{It Gln' s..ut.rs t.bhoot nerd of too thrr dit isinu�'uuiu/ptug.atns. run.uitaunu. 01414,m plan our ti.r 14d prr.unorl.tlPital uutiat And ,p,im pat I dgrts Mit huut cl..sr open-i,ww Outaandu,g 4 S n. rd - Vn+asisfutur� ., Almvr Standard Below jtandard i su.'re.stuil,nwuvatr.rmphmrrs Cenerall>acconiplis rs gunM and Would seldom tnr jnb knowledge - I,.meet high standards of per- nhjrct ivts of ttte joh with e.nne ti,accomplish It,,,gual.and..6 I"rrnanlr. sulwmisiun slid.upp.m. ieriises of the)1.h. 1'141.-ldtrntA.V",no!Areas Csually.hili not conshtentl)'. Fla to allot»I,I-ourrrs I. plait-of inl,•rn;mwn that will rslabb-hi,and complete.priorities. support department prunitir.. In'Nfle protrs.i.,nal 1r.rim,A .kdis. Can he vxprctrd u,d.•monstrete t„ Cnnslstently over budget without aabordinates how h,perb,mt on assigned )u.uGcatian. task, tt uuld seldom Js k at the tech t'sualic able it,evaluate the adeyuary at nical+.speer.,of pn,hlr m. a work product. before making a de,Gam. Examples/Comments from Part i-Review of Management Objectives: Interpersonal skills are Rodd. you interact in a lllikpgablell way with department managArS.. Knowl-peige nf Ap M017's vailimed is improving, but sometimes deficient. For example, you were not aware that add' n duties as d } (continued on attached sheet) :. PtAtiSI \Uf1K(.tKIZIA(.. t om.drrtheextenttuwhichthemanagerratabisheaplan.toatIneveobjective.that are reali.tic slid obtainsl)lrmind organize.re.tairce ' rflrchvrl}'. A-t'rr}Impunaru B•Important t'•Not Important xnagrs sitar sell and gets►s• - signed work dune oil time. Con.i.tentiv structures work ' plans and job duties. Due to absence of a plan,con- imanagr.by responding , Consistenth eraluates plan. to cri.r and ed)u.ts objectives to rr- fleet changes in priority Seldom provides follow-up pro- and/or direction. crdures and evaluation mechan• ' ism.in plans. Out.ianding 4 Standard Un•aoafu' :. Ab..vr Standard 3 Belo Sts rd 0m.6trmdt s,hie....big),dr- Usually establishe.gods and Often fails to mea do gree of compietenrs.and at- objective.before making astrig"• ruaray. menu. would often hair two people dupbcating to Drmunstratrs kn,i%ledge of plan- Can be expected to utilize em- work. rang mrthodotugy It.,explicitly pluyees no that they work a1 a stating goals and ,h)felivr. steady pace without extreme and cottingency pian.. fluctuations,in available work to br accomplished. Can be expected not to inter• rupt ongoing projects with short term project&units& absolutely necrss,ary. Esrmplea/Commenu from Part I-Review of Management Objectives: This is one of your weakest areas. Th.' mentioned in your last evaluatign and --mactions. You still give the impression that oil are d' or anized on r e -riority on those which Ttve asked about most recently, You 3. DEPENDABILITY AND FOLLOW-TIM01'(:If: Consider the degree to which the manager•supen•isorexhibus reliahilit,%atidthun)ughnes;ncomplettngssslgnment.y I A-Very Imports B•Important C-Not Important ' Prioritizes assignment.so that Needs treym•nt reminders and most important ones get the ma- prodding reghrding task rom- jority of attention. pletum and dradfin Outstanding 4 Standard Cnsati sfacton 5 Above Standard ;t Hein 11a ted 1 Establishes a tracking system Completes most a,in ems to Seldom prepared for mrrtmgs for monitoring and following meet minimum standards of yu.ht.'. sutud,- up on the outcome,of all as- signed activities so they are Is prepared fur m,-st meetings completed on time. attended. Examples/Comments from Pan 1-Review of Management Objectives:This is your second area of weakness. Many of the comments in #2 above also apply here. You need to include in your work planning a mechanism to "tickle" proiects which have been completed but need to be followed-up For example, the expiration of eligibility lists and the use of temporaries hired to back (continuea on attached sheet) • s. DECISION MAKING/PROBLEM SOLVING: Consider the extent to which i he manager/supen nsor analpr rssit umion.:evaluates all Proof ices:-licit sin rut is—t-rtnc in implementation:rnnstders timeliness ill a rebpnosr;and will take responsibiliry fur the resultnwt come. A-Very Important H•Imismant C•Not Important Hakes do 6,ion•wttl:nut ntm plete 1,11—lydFr til No,or CsuaUy makes decision.,soh es problemsconsndrtai,.0 of altemaliv— that follow is consistent pattern of analysis and evaluation. Dis lays openness u,new nn Csuallk unwilling to accept V V { sial nd,u t tar cotnpnrmisr on cep es fur making effective n dreisanr problem. d—mons. Can he expe.led to,make ,il% At.ays clarifies obievtiv#s ea".mar connrcrrsinl de. and assembles relevant facts. cissaus Outstanding a S nil d - 1'nsMislartnn 5 Above Standard Helnw standard 1 Displays crestivim in making ('an be expected t make routine. Inappropriately anal,z-sdua difficult decisions under pre- nun-romroorrsial r"siuns wvh• iv,ns and fail.to roosider tit sure. _ ow any difficulties. plan fur imp.,I of a dectsn'n. Consistenth makes difficult (scall,-toruses ml obiectivv, Avoids andmr nut timet,in u,dk derisions%sofves difficult when making decisionsi.ulvi ng problems, iug derision,/solving problems problems. Assembles most facts related n,a Can fir expel ed to shift blame decision problem. for an unpopular derision to. w,mrnne els,-. Usually evaluateb result,of dc- t cismns made%elutions implemented Continues In apply.urourcessful elution it)an ongoing Examples/Comments from Part 1-Review of Management Objectives: This is also a skill discussed in your last performance evaluation. You have worked hard on this and it is reflected in shorter turn-around times. You are also good at applying directions to routine actions; but need to be more creative in solving problems through analysis of the situation and the applicable (continued on attached see 5. LEADERSHIP: Consider the extent u,wblrh the managrr✓supemor svls well defused gu:ds and obfectnes and exercises initiative to morn ate subordinnates by providing them with the guidance.suppurt and drvrlupinent ro—san t., those obrrctiees. A-Very Important B-Important C•Not Important Mouldconsists ognttr Srldum makes a lotion and deselup employe potential fur start drsrlopmettt. for advancement and provide the resources needed. Exrrs.i%elc permssivr or all. thoriianan in dealing with Usually shares ideas with rm- .teff. ploy*#.and gives them credit for their suggestions. Can be expected not to prepare Effectively uses the staff for change. strengths of staff. Outstanding a St srd Unsatisfactory 5 Above Standard ;t Helow Standard 1 Consistently inspires the loyal- Can be expected usually create Admits to subordinates that ty and respect of subordinates an atmosphere for the willing in- he/she does not like his/her by being firm.fair and even- vol.ement of ethers to accomplish job and/or does not believe handed. defined goals. in the Department's goals. Consistently involves employe. I,.ually drlrgates appropriate Fails to give clear expects- in setting performance stand• work assigments to sulaudinates tion,and/or directions. ards which will accomplish rather than doing a task by him/ Department gals. herself. His/her employees or work unit are con.tautly rated below llsualh encourages a teamwork standard in knowledge and skill. appruarh to getting work dune. Examples/Comments from Part 1-Review of Management Objectives: You sometimes impair the confidence of the clerks on your team because you do not demonstrate knowledge of the rules or an organized work structure for yourself or them On occasion} you ask them Questions to which you should know the answers, give unclear or incomplete directions so they become frustrated. ald•-give (continued on attached sheet) y/ 6. COMMUNICATION SKILLS: Consider the extent to which the manager/supervisor expresses him/herself clearly and effectively through writing and speaking and achieves mutual understanding of written and oral material. A-Very Important <B-Imports C-Not Important lntergrates communication between Can be expected to us bureau- staff and management levels. cratic and technical jargon which obsures meaning. Would be able to determine when it is or is not beneficial to Can be expected to make assump. express an idea or opinion.. tions before clarifying facts. Con be expected to request Seldom communicates the whole teedback as is appropriate. issue. Can be expected to produce writ- ten and spoken communication that is brief while covering all points. , Outstanding 4 Su rd 2 Unsatisfactory 5 Above Standard Below Standard I Consistently hears and under- Expresses communications(writ- Can seldom be expected to baton, stands both direct and indirect ten and oral)that are usually messages. understood by the recipient. Can be expected to consinenly confuse subordinates and staff in Summarizes lengthy and complex May leave assumptions implicit ppvin, directions and/or proce- issues to make readily under- on occasion rather than making Tures. standable. them explicit. Can be expected to write memos/ letters that are rambling.seldom to the point and containing un- clear expectations for action. Examples/Comments from Part I-Review of Management Objectives: This is also a skill in your last performance evaluation. You have improved in this area in that you tend to communicate fewer black and whites and express the more subtle shades of gray which make up most of our practice of personnel administration. The area of communication you need to address (continued on attached see 7.COUNSELLING SKILLS: Consider the extent to which the manager/supervisor uses the Department's performance evaluation process to affect a positive change in employee behavior,attitude and job performance. A-Very Important B-Important C-Not Important Identifies performance pro- blems when they occur but fails to render praise when praise is Anticipates and predicts em- due. Dloyee performance problems before they occur. Gives only occasional feedback to employee regarding perform- Defines expectations,identifies ante evsluation except at time portunity for employee to im. of annual review. prove prior to formal*value- . ton. Seldom listens closely to employ- ee complaints or statements. Outstanding 4 Standard 2 Unsatisfactory b Above Standard 3 Below Standard I Consistsnly resolves employee Recognizes need for employee Usually offers advice and problems using outside to. counselling if job performance assistance to subordinates sources as necessary and ap- deteriorates. in a manner evidencing a propriate(i.e.employee callous disregard for their counselling programal. Follows required procedures in feelings. conducting written employee performance evaluations. Examples/Comments from Patz I-Review of Management Objectives: Not applicable Overall Evaluation: Consider the employees total performance"reflected in the Review of Management Obiectivee(Part I).and Management Skills Review(Part 2).How effective is the employee on the present job?Mark an"X"on the scale where the description best summarizes overall performance. Is definitely above Job performance is standard in a least at below standard most aspects of job level:there is performance. plenty of room for improvement. High Low Job performance Everything con- Everything con- n excellent in sidered,job sidered,job per- all aspects. performance is formance is well standard. below standard. � 3 L Strong points: Your willingness to work hard and your personable interpersonal relations are your strong points. The hard work is reflected in the accomplish- ments, particularly the shortening of turnaround times. 2. Areas needing improvement: You simply must plan your work better so you can integrate a variety of tasks on a number of large projects in order to complete all of them on time. You need to develop a greater sensitivity for the management objectives (continued on attached s eet 3. Specific training/assignments needed to improve job performance: You should continue to pursue training in management and organization and in public employer-employee relations, but at the graduate level. Junior college courses are unlikely to push your tcontinued on attached see Salary Administration Conclusions: (check as appropriate) Increment recommended Increment not recommended Special review date: Special incentive recommended (if applicable) percent or number of steps This evaluation has been discussed with the em p yee and a copy given to the employee. S_ Z .S_ e Immediate Supervisor's Signature 7 DA Co-Supervisor's Signature Date Employee's Comments: S Employee' ignature a Reviewer CsComments: "MOO/ Revi er's Signature Date Andrea Jackson Management Performance System 5/1/83 - 5/1/84 Part 2 - Management Skills Review 1. Skills, Knowledges and Abilities -continued you ask the clerks questions about MOU interprbtation to which you should have known the answers. In the latter case, lack of knowledge was a problem and demonstrating that lack of knowledge to your staff should have been embarrassing in that they should be asking you, not vice versa. 2. Planning & Organizing - continued address priorities on a one at a time basis, completing each as soon as you can and then taking up the next one. You still need to establish a systematic way of setting priorities, deadlines and work plans so you can integrate your activity on several projects and complete all of them in a timely manner. You also simply need to work at anticipating issues and preparing yourself for them. For example, too many times, when you are at a meeting and are asked for material relative to the subject you must return to your office. This is significant, not because you didn't carry all the material, but that it reflects lack of anticipation on your part. 3. Dependability and Follow-Through - continued leaves of absence. You also must get back to me more frequently and with more comprehensive reports on the status of your work. I've told you to drop in on me to fill me in and asked that you do this at least weekly in the early A.M. Even when a particular scheduled meeting is cancelled, you must take it upon yourself to get in to see me. Once in, you need to be prepared to give me a complete report on your work. Do not leave things out because it leaves me with gaps in my knowledge of what's going on in my unit and with the impression that the unmentioned work has escaped your attention or has gone wrong and you are hoping it escapes my attention. In either event, it decreases my confidence that you are on top of everything. 4. Decision Making/Problem Solving - continued rules. This is reflected when you bring a problem to me with a recommended solution which really amounts to simple application of the rules. Frequently we can come up with an alternative in our talks which you could have developed by yourself (although in some cases the brainstorming we do does generage more than either of us could have developed by ourselves). Andrea Jackson Management Performance System 5/1/83 - 5/1/84 5. Leadership - continued give them rush assignments which they feel result from your disorganization and crisis management. On the other hand, they sincerely like you and want to have you like them, which may be a reason why I hear more about this than you do. 6. Communication Skills - continued • is to do more communication with me. Your strength in communications that I appreciate is that you are open and frank in expressing your opinions to me. Do more of it. Overall - Improvements (continued) we pursue and the employee relations context within which we carry out. individual personnel transactions so you can consider and make recommendations on whether and how to pursue certain transations. overall - Specific Training (continued) knowledge beyond what you obtain on the job. You must also develop a specific written process by which you will plan and follow-through on your work. That process must include identification of all assigned work, establishment of priorities and due dates for each; adoption of a work plan including specific tasks to be completed for each project with due dates for each task; establishment of daily "to do" lists which integrate the work to be done on all assignments and weekly status reports to me. L Contra Costa County Health Services Department MANAGEMENT PERFORMANCE SYSTEM (MPS) Name Andrea Jackson Classification personnel Svcs. Assistant I Unit Employee Services Performance Period 5/1/84 to 4/30/85 General Instructions There are two (2) parts to this performance system: Part 1 - Review of Management Objectives Part 2 - Management Skills Review Both parts are important to the management employee's growth,development and organizational contribution. Below is a recommended approach for using this performance system in an effective and positive manner. 1. At the beginning of the budgeting cycle, you and the management employee develop a Management Work Plan.The objectives on the Work Plan are most effective when they relate to the overall mission and goals of the operating unit and are expressed in specific terms that describe an observable and/or measurable outcome. 2. During the year,it is recommended that frequent review meetings be held for the purpose of discussing progress in accomplishing the Management Work Plan and/or to make adjust- ments in the objectives. 3. a. Near the management employee's anniversary date, Part 1 - Review of Management Objectives and Part 2 - Management Skills Review are tQ be completed, reflecting performance since the last formal evaluation.In cases where the employee's anniversary date does not conform to the end of the budget year,the objectives being reviewed may encompass and/or overlap into more than one budget cycle. b. The completed and signed MPS trifold (not including the Management Work Plan) is submitted to a reviewer and then forwarded to the Personnel Office,with a copy given to the management employee whose performance was reviewed. 13 6/83)' -� CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT To: Andrea Jackson Date: May 23, 1985 Personnel Services Assistant From: Web Beadle SubjeCt: Performance Evaluation Department Personnel Officer 5/1/84 - 4/30/85 This evaluation reflects changes and additions arising in our conversa- tions regarding the draft performance evaluation I gave you on May 1 , 1985. On October 9, 1984 I recommended the your Management Incentive Differential not be granted. I made this recommendation because your evaluation of 5/15/84 contained an evaluation of Below Standard Performance and an evaluation of Below Standard on two of the three VERY IMPORTANT areas of performance. Subsequently, through discussions with myself and Gordon Soares , the decision was made to grant your differential on November b, 1984 and thereafter you and I exchanged letters relative to our discussions of your performance. Your letter (received in this office on December 4, 1984) and my response of December 17, 1984 are incorporated into this evaluation by reference and will cover the period between May 1, 1984 and your return from leave on January 7, 1985. Comments below reflect your performance for the period from January 7, 1985 through April 30, 1985. " On your return from leave, we confirmed that your assignment was to manage the employment aspects of the personnel system. Those are described in the three objectives which were established (copy attached). Each objective had specific responsibilities described to help you identify and monitor the types of activities which, carried out in a systematic manner, would yield the stated objective. I indicated to you, however, that the responsi- bilities were means to reach the objectives and not ends in and of them- selves. You indicated that you didn't realize those objectives were in place since they were not formally signed off. While that is true, I believe that our mutual reference to them since 1/7/85 substantiates that they were in place. Further, I advised you verbally that I would use them as amended by you in late January. Objective #1. To manage the appointment activities. This objective has been substantially reduced by the freeze the Department encountered which narrowed your responsibility to fill only those positions which were granted an exception to the freeze. Identification of vacancies to be filled being thus simplified, it became your responsibility to simply be sure that those high priority positions were expeditiously filled. By A-41 3/81 t Andrea Jackson Page 2 and large, this occurred, .however, there were instances when you permitted the freeze review process to distract your attention from the purpose. For example, the clerk positions in the Patient Accounting office which were vacant and, even though that unit had identified as a priority, remained without attention until Mark Finucane had to ask me about them (twice) ! While, as you pointed out, those positions had not been specifically approved, your responsibility was to identify and expedite the filling of critical positions. You should have noted that they had "fallen in'a crack" and initiated an action or recommendation to revive them. You certainly should not have had to be told twice to do so. The Vacant Positions Status Report, which was the primary tool we established for monitoring vacant positions, has been working effectively, once we ironed out our communication problems at the outset, and we have been able to reduce the frequency of its publication to monthly. I have had the impression on a few occasions, however, that your efforts to complete this report tended to focus more on the report itself rather than its use as a tool to identify needs to which you would turn your attention. Remember that the report is only a tool. The purpose is to help you identify and fill critical positions. The development of action plans to fill each position through consultation with the DPC's has not, to my knowledge, been accomplished. As you will recall, when we established this worklist, we agreed we would discuss each position whose action plan was encountering difficulties at our weekly meeting, As yet, you have not come prepared to either identify problems or propose/report solutions. I've only received reports when I asked about particular positions, and then you had to first go look into it. You were to review and report on all eligible lists for the purpose of identifying those which might expire and generate a need for a new examina- tion. You have done this verbally, but I have not seen a written plan which included a report of the progress to initiate new exams. You were to review acting appointments for the purpose of establishing a plan to permanently fill the vacancy. Again, we have not yet had a plan or report on this subject. You indicated that you assumed this responsibility was rescinded due to the freeze, but this is not logical since the freeze only restricted the number of positions to be filled not the need to properly fill needed positions. Advertisements for vacant positions have been written and placed through Bernard Hodes in accordance with our plan. There have been only two areas of concern. First, I had to ask repeatedly for copies of proofs of the ads on the Friday before they were to appear in the newspapers. I finally began to get those in the last two weeks. Secondly, due to limited progress reports from you, I was not aware whether staffing needs were addressed by advertising or recruitment efforts on your part, unless the DPC specifically asked you to do that. Your responsibility is to manage the program, not simply respond to individual directives and to keep me informed of your activities to meet staffing needs. Andres Jackson. Page 3 One of your major responsibilities was to write, submit and follow-up on requests to fill positions that were exceptions to the freeze. The process for these has become extremely complicated and is one that generates a great deal of "heat" in the department, so the criticism of your role is difficult to assess. We are both aware, however, that there are complaints in which the managers have reported that their requests: were held too long . in your office (difficult to assess) ; were.processed without adequate feedback to them so that they knew what was going on (a fairly frequent complaint);. and were not followed up to ensure that the steps necessary to make an appointment were concluded (something I have also observed). The most important example is the Accountant positions we discussed in the last several weeks. While the existence of the complaints doesn't prove you failed to meet your stated responsibilities, they do demonstrate a need for you to communicate better with the managers so they are kept aware of the status of their requests and are so advised in a timely manner. Objective #2. To manage the examination activities. The examination workload was also reduced significantly by the hiring freeze. Again, we established a special report (Examination Status Report) as the primary tool to assist you in planning and monitoring this area of your responsibility. This report has been completed in a timely way and, in general, shows that once an examination is begun, the progress to completion is maintained. When due dates slip, they appear to be primarily a result of "the system". Preparation of the technical documents necessary for an examination is hard to evaluate because I have received few reports from you in this area. Although we discussed the need to complete the job analysis forms by interview with the DPC, it is my understanding that you are continuing to do these primarily by mail. In the future, all job analyses will be completed through the interview process. The purpose of this is to have it completed more rapidly, to increase the quality of the produce by being there to ask questions, to obtain complete and accurate information and to require you to get out of the office and go out and work with the managers we support. The designation of a technical expert and an Affirmative Action recruiter has been done in the examination process. I have not heard, however, that either role is played very actively by the designee although you indicated that it had. It is your responsibility to ensure that technical expertise and affirmative action recruiting is actively utilized in every examination we conduct and to keep me advised of the activities. The recruitment plan for each examination is the tool to use in ensuring that the various aspects of your responsibility are met. I have yet to see a recruitment plan although I have asked several times for this infor- mation. In the future, I will require a written plan for every examination, itemizing what is to be done and who is to do it. Andrea Jackson Page 4 You were to regularly use the Hospital "recruitment pool" that we joined to obtain candidate names for our vacancies. To my knowledge, this has not yet been done. You did a good job on planning and coordinating our presentation at the Urban League Job Fair, an example of the good work you can do. The orientation program was an assigned responsibility'of yours and while the schedule has apparently been reduced from bi-weekly to monthly, the programs have been held and conducted appropriately. Objective #3. To manage the affirmative action activities. The Affirmative Action Plan you wrote was well done. The decision to defer its adoption until the beginning of the fiscal year was based upon financial and organizational reasons not related to the quality of your work. Your efforts to rejuvenate and define the role of the Affirmative Action Committee have been carried out despite the apparent lack of interest by the Committee. You have responded promptly and effectively to the few discrimination complaints we have received. SUMMARY My evaluation above, reflects two major patterns: (1) Your actions and recommendations do not consistently reflect a clear understanding of the rules or an ability to analyze facts and develop solutions. You seem to rely on specific orders or standardized practices which are administered as "rules". An example of this occurred several weeks ago when I asked you to review certain pending certifications and give me a recommendation . . ."specific to each. Given the facts, what should we do? Don't just tell me who's not signed off (MF):' Your response was to recommend they be referred to the Health Services Director. This was exactly what I told you not to give me. In fact, one should have been cancelled because another request was underway to fill the position by reclassification, one should have been cancelled because we'd already cancelled the examination, and two should have been cancelled because the positions had been "filled" by contract. These are simple situations requiring minimal analytical skill or effort, yet you ignored or failed to understand these facts and gave me a totally inappropriate recommendation which would have looked foolish to the Director had it been implemented. (2) You focus your time and energy in response to specific questions or concerns and specific directions, as opposed to the focus needed on your overall responsibility. You have to identify the service needs, to develop plans and to systematically follow-up to accomplish the actions necessary to meet those needs. You then need to report back Andrea Jackson Page 5 to me and the managers we support as to the status of your actions. In our discussion of this evaluation you indicated many of your responsibilities had been accomplished, you just hadn't told me about them. I will accept your statement of this, but the "report back" aspect of your responsibilities must be done better in the future. You must keep me and the managers better informed. My evaluation tends to be supported by expressed concerns from a number of managers regarding their concerns as to how well you really know "the system" and regarding difficulties they feel they encounter in having you follow-up on the personnel actions they need. There have been few specifics they have presented and I am not able to ascertain exactly what the facts are. The existance of the complaints, however, is worthy of your attention to put significant time and energy into developing more confidence on the part of managers in your expertise and responsiveness. To do this, you must: (a) give clear, precise advice and directions with reference to the applicable rule, regulation, policy and procedure which guides their actions in their particular circumstance; (b) respond quickly to requests for information; and (c) meet regularly with the personnel contacts to give them reports on the status of their transactions before they need to call you to ask. The above comments focus on areas in which improvement is needed. There are areas in which your performance is more than satisfactory despite the continuing pressures since your return. You have continued to work extremely hard and maintain a positive, personable approach to the work and the people with whom you work. I know that's difficult with the pressure you are feeling, but it is a positive and noteworthy aspect of your performance. Your concern for, attention to, and skill in the Affirmative Action area (both planning and completing investigations) are high. This is perhaps your strongest performance area. Overall, this performance evaluation remains Unsatisfactory. You simply need to plan your work better and follow-up more effectively and systematically so that the work not only gets done in a timely manner, but so the results and conclusions are reported back to the persons with whom you are involved. Part 2-Management Skills Review LNSTRVCTIONS:On the following pages are listed seven(l)management skill areas that are important in reviewing the performance of a management t employee.It is suggested that you follow the procedure when evaluating the employee's performance in these skills: 1. Read the skill description: 2. Rate the importance of each skill to the employee's overall job by circling either. A-Very Important B-Important C-Not Important 3. On those dimensions that you rated either A or B in importance,mark an"X"on the scale at the level that best describes the employee's performance- OUTSTA.NDL;G, ABOVE STANDARD, STANDARD, BELOW STANDARD AND UNSATISFACTORY. Marking between levels will put the performance rating at the lesser of the two levels. 4. Relate your rating to the employee's performance as recorded on Part 1-Review of Management Ohiectives by writing your own brief statement in the apace provided("Example/Comments from Part 1'7 below each skill that illustrates specific examples of the employee's performance that support your rating. I. SKILLS.KNOWLEDGE.AND ABILITIES: Consider the extenttow•hichthemanager/supervisordemonstrstesanunderstandingofthecomplexitiesandfunctionsofthe division/department:utilizes resources toaccomplish goals and objectives:has the ability to plan.organize,direct.control and budget:demonstrates the expertise and abilities for his/her special field. A-Very Important B-Important C-Not Important an be ex rcted to usually • Can be expected to tell consider all the technical emplovre what needs to he aspects of problem before done but cannot evaluate - making a decision. the final product. Demonstrates operational know- Can be expected not to keep ledge of duties and functions of protessionalrrechnical em lovers within the department skills up-to-date. and successtully coordinates - these functions. Has di(rculry following or establishing procedures for Can be expected to manage rr- working with appropriate sources without need of further divisions/unks>programs. consultation. (friable in plan for use of personnel,capital outlay and operational budgets without close supervision. Outstanding 4 Star.rd 2 Unsatisfactory S Above Standard 66 N Below Standard 1 Successfully motivates employees Generali•accomplishes goals and Would seldom use job knowledge to meet high standards of per- objectives of the job with some to accomplish the goals and ob- formattca. supervision and support. jectives of the job. Conxistently seeks out areas/ Usually.but not consistently. Fails to allocate resources to places of information that will establishes and completes priorities. support department prionties. include professional/technical skills. Can be expected to demonstrate to Consistently over budget without subordinates how to perform an assigned justification. task. Would seldom look at the tech- Usually able to evaluate the adequacy of nical aspects of problems a work product. before making a decision. Examples/Comments from Part 1-Review of Management Objectives: Your interpersonal relations continue to be good. People like you. With the restructure of your assignment to remove responsibility for the Moll's, the portion of the system for which you are responsible is somewhat reduced and you do know the employment aspects of t'he system. 2. PLANNING AND ORGANIZING: Consider the extent to which the manager entabishes plans to achieve objectives that are realistic and obtainable and organizes resources effectively. A-Very Imponam B-Important C-Not Important anages time well and gets as- aigned work done on time. Consistently structures work plana and job duties. Due to absence of a plan.con- stantly manages by responding Consistently evaluates plans to crises. and adjusts objectives to re- flect changes in priority Seldom provides follow-up pro- and/or direction. cedurex and evaluatu>n mechan• isms in plans. Outstanding 4 Standard 2 Unsatisfactory 6 Above Standard a Below Standard 1 Consixiendc achieves high de- Usually establishes goals and Often fails to meet deadlines. gree of completeness and ae- objectives before making ossign- Would often have two or more tvaraey. menta. people duplicating each others Demonstrates knowledge of plan. Can he expected to utilize em- work• ning methodology by explicitly ployees so that Ihey work at a stating goals and objectives steady pace without extreme - OW cunt ingency plana. fluctuations in available work to be accomplished. Can he expected not to inter- rupt nterrapt ongoing projects with shon term projects union& absolutely necessary. Examples/Comments from Parti-Review of Management Objectives: This continues to be one of your weakest areas. While use of the VPSR and ESR has helped you compile information and have it available as to the status of actions under your responsibility, you still do not give me confidence (continued on attached sheet) 3. DEPENDA ITY AND FOLLOW-THROUGH: Consider the degree to which the manager/supervisor exhibits reliability and thoroughness in completing asagnments. A-Very Important 8-Important C•Not Important ' oritbn Assignments so that Needs frequent reminders and ' most unportant ones get the ma- prodding regarding task com- ' jority of attention. pletion and deadlines. Outstanding 4 Standard V 2 Unsatisfactory e Above Standard 3 Below Standard I Establishes a trucking system Completes most assignments to Seldom pprspared for meeting for monitoring and following meet mw In standards of quality. attench, up on the outcomes of all as- signed activities so they are Is prepp&red for most meetings completed on time. attandad. Examples/Comments from Pan l-Review of Management Objectives: This continues to be another area of weakness. Comments in #2 above apply here. You have improved in this area in that you usually meet specifically directed deadlines, although this is partially a reflection on my placing deadlines on most of your work myself; something I shouldn't have to do if your own foll {,7 I? was better. Keep up the improvement. DECII,ON MAKING/PROBLEM SOLVING. Codsiderthe eatenteowhichthemanager/supervisoranalyzes situations;evaluates alternatives:solicits input:is assertive in implementation:considers timeliness in a response.and will take responsibility for the result/outcome. A-Very Important 8•Important C-Not Important Makes decisions without com- plete knowledge of facts or Usually makes decisions/solves problems consideration of alternatives. that follow a consistent pattern of analysis and evaluation. Usually unwilling to accept Displays openness to new pro• staff advice or compromise on asses for making effective a decision/problem. decisions. Can be expected to make only Always clarifies objectives easy,non-controversial de- and assembles relevant facts. cisions. Outstanding 4 Standard A Unsatisfactory b Above Standard 3 Below Standard I Displays creativity in making Can be expected to make routine. Inoppropristriv analyte situa- difficult decisions under pro- noncontroversial decisions with- tions and fails to consider or sure. out any difficulties. plan for impact of a decision. Consistently makes difficult Usually focus@@ on objectives Avoids and/or not timely in mak• decisions/solves difficult when making decisions/solving problems. ing decisions/solving problems. problems. Assembles most(acs related to a Can be expected to shift blame decision/problem. for an unpopular decision to someone else. Usually evaluates results of de- cisions made/solutions implemented. Continues to apply unsuccessful solution to an ongoing problem. Examples/CommentsfromPartI-Review of Management Objectives: With the reduction of your responsibility to no longer include MoU administration, your decision making has improved somewhat, since you are more familiar with the employment rules than Employer/Employee Relations. You do, however, tend to focus on the process as opposed to the purpose of some of Cont 1nt16 ldF�tbERSHIPtach�od idslFefit)ro which the manager/supervisor seta well defined gob and objective and exercises initiative to motivate subordinates by providingthemwith the guidance,support and development necessary to complete those objectives. A.Very Important 8-Important C-Not Important Would consisten y cognise Seldom makes a plan and develop employee potential for staff development. for advancement and provide the resources needed. Excessively permissive or au- thoritarian in dealing with Usually shares ideas with em- staff. ployees and gives them credit for their suggestions. Can be expected not to prepare Effectively uses the staff for change. strengths of staff. Outstanding 4 St and 2 Unsatisfactory a Above Standard Below,Standard 1 Consistently inspires the loyal. Can be expected to usually create Admits to subordinate that ty and reapert of subordinates an atmosphere for the willing in- he/she does not like his/her by being firm,fair and even- volvement of others to accomplish job and/or does not believe handed. defined goals. it the Department's goals. Consistently involves employes Usually delegates appropriate Fags to give clear expects• in setting performance stand' work sosigments to subordinate tions and/or drection& ords which will accomplish rather than doing a took by him/ Department goals. herself. Hest are employesonstanav or Work below Usually encourage a teamwork standard in knowledge and skill. approach to getting work done. Examples/Comments from Part I-Review of Management Objectives: As the analyst assigned responsibility for most of the transactions (almost all of which are routine) processed by this office, you have a leadership role relative to the clerical staff. It is my impression that they (continued on attached sheet) Andrea Jackson Management Performance System 5/1/84 - 4/30/85 2. Planning and Organizing that you are actively identifying and planning to meet examination, recruitment, selection and certification needs. It continues to be my impression that your time and energy goes to those actions I have asked about most recently rather than to planning ahead. The result is a cdhtinuous crisis management. You indicated that you do prepare daily work lists. This *is an improvement but you need to plan farther so you have workplans to meet deadlines several weeks away. The EMS Pay Plan is an example of a good planning job on your part. 4. Decision Making/Problem Solving our activities. For example, the recent occasion when you recommended a request to fill the Health Services Budget Officer position be resubmitted to Mark Finucane for his signature after we had requested the examination be cancelled! You were simply applying the standard process rather than analyzing the facts to determine what should be done to resolve the situation. We've discussed this before in the context of your use of "rules" as opposed to analyzing situations to solve (creatively) each specific problem. You have become more independent here too, but you need to make more appropriate decisions/recommendations not just more assertive ones. 5. Leadership are frequently frustrated by your apparent lack of planning; so that they have short turnaround times on the assignments you give them, occasionally receive inconsistent or incomplete instructions, and sometimes are asked to do work which is more appropriately your responsibility. 6. Communication Skills you. You need to keep me better informed. One of your strengths is that you are open and frank in discussing your opinions with me. I rely on that when we are planning together and to be sure that my thoughts are not implemented without critical discussion. e.COMMUNICATION SKILLS: Consider the extent to which the manager/supervisor expresses him/herself dearly and effectively through writing end speaking end a ves mutual understanding of written and oral material. A-Very Important 8•importaat C•Not Important Intergrates communication between Can be expected to us bureau- staff and management levels. cratic and technical jargon which obsures meaning. Would be able to determine when it is or is not beneficial to Can be expected to make assump- express an idea or opinion. tions before clarifying facts. Can be expected to request Seldom communicates the whole feedback as is appropriate. issue. Can be expected to produce writ- tan and spoken communication that is brief while covering all points. outstanding { S and 2 Unsatisfactory 5 Above Standard Below Standard I Consistandv hears and under. Expresses communications(writ. Can seldom be expected to list@& wands both direct and indirect tan and oral)that ars usualll messages.. understood by the recipient. Can be expected to consistenly confuse subordinates and staff in Summarises lengthy.and complex May leave assumptions implicit giving directions and/or proee- issues to make readily under- on occasion rather than making duML. standable. Neta rxpliciL Can be expected to write memos/ letters that are rambling,seldom b the point and containing un- clear expectations for action. Examples/Comments from Part 1-Review of Management Objectives: As I've indicated before, you simply need to communicate more. I do not believe that all the things I don't hear about are not being done or are being done wrong, but I don't have confidence that that is the case because I simply don't get sufficiently complete and timely status reports from (continued on attached sheet) 7.COUNSELLING SKILLS: Consider the extent to which the mariager/supervisor uses the Department's performance evaluation process to affect a positive change in employee behavior,attitude andjob performance. A-Very Important B•Important C•Not Important Identifies performance pro- blems when they occur but fails to render praise when praise is Anticipates and predicts em- due. ployee performance problems before they occur. Gives only occasional feedback to employee regarding perform- Defines expectations,identifies ante evaluation except at time portunity for employee to im• of annual review. prove prior to formal @value- tron. t Seldom listens closely to employ to complaints or Itatements. Outstanding a Standard 2 Unsatisfactory 5 Above Standard 5 Below Standard I Consistenly resolves employee Recognises need for employee Usually offers advice and problems using outside to- counselling if job performance assistance to subordinates sources as necessary and ap- deteriorates. in a manner evidencing a propriate(i.e.employee cmHous disregard for their eounaelting programs). Follows required procedures in feelings. conducting written employee performance evaluations. Examples/Comments from Part I•Review of Management Objectives: NO t apD 1 i c ab le. Overall Evaluation: Consider the employee's total performance as reflected in the Review of Management Ohiertives(Part 1),and Management Skills Review(Part 2).How effective is the employee on the present job?Mark an"X"on the scale where the description best summarizes overall performance. Is definitely above Job performance is standard in a least at below standard most aspects of job level:there is performance. Plenty of room for improvement High Low Job performance Everything con- Everything con- it excellent insidered,job sidered.job per- SH erall Aspects. performance is formance is well standard. below standard. Health Services Department • MANAGEMENT/ADMINISTRATION DIVISION A �.. 2500 Alhambra Avenue '•, Martinez. California 94553-3191 ! ri• (415{ 372-4200 i October 25, 1985 To: J. Lee, M.D. , Internal Medicine Kaiser Hospital From: Andrea Jackson Subject: Release of Medical Information You are hereby authorized to release the following information to wj employer. 'L { , A. Nature of Illness: B. Expected date/month I will no longer be able to perform' the full scope of my o6c.uRAtional duties based on the attached fob description. /12�: "lf✓ ..c•r,�Q4a�c.T' CYC'-cc.�jf' , C. Any other information you feel pertinent at this stage of the illness: 1 J. e, M.D. , Interna Medicine d ea Ja o Health Services Department •;' MANAGEMENT/ADMINISTRATION DIVISION p 2500 Alhambra Avenue •. ~� ,.tib Martinez. California 94553-3191 (415) 372-4200 COU11'� November 12, 1985 James Lee, M.D. Internal Medicine Kaiser Hospital 1425 South Main St. Walnut Creek, CA 94595 Dear Dr. Lee: I have received the attached information regarding Andrea Jackson's medical condition. As a long-time friend, as well as her supervisor, I am obviously concerned about Ms. Jackson. If there is anything I as her supervisor can do, please do not hesitate to call me at 372-4312. Sincerely, Web Bea le l e Department Personnel Officer WB:jm attachment A-340 Contra Coda Cwnly FOR -- A.M. DATE -TIM M. ^`r'�[� j OF PHONE ^ 1 `7 C;? 3 I t AREA CORE A-z 4r- :/r 6y NU ER �.P�� EXTENSION MESSAGE �o AX L.ee "= 11 - int{ SIGNED LITHO IN U.S.A. CQ n•3"' JZ , S. CRQCKE CO•• ! t' mac_ ..,—....0'?�'t. .._./"'"/�. �j:.e�c�e'"'t, _.-.Mass-�o�c~'G�.✓d^�"�"C.. ._.�^C1'�-aG �,..�rc..e�.,..,,n�•w..�IG�t .... _tom ..�'�-��---�/�� s2o.".r��-�!�c�'-o't..`r��"�ie-.c.�'"�-rte_*-.r.✓`a.,i- ..-+�"""""`.._O�.ire-.�1.a�^ rr fA Ot �22 .� LJ lii/✓� c�t.'�l/C .!�-l.�io�� SLC G2• /( . s.� .4 v PF:RMANENTfs MLUICALGRUUF',INC. �� I PATIENI;MEPHONE MESSAGE _ DAl'�TI 'D ❑ .M. 1 T N ' . _-..J.. — L] CHART M.O. MEUIbNL RECORD NO. '1 � 0 ADUR S(IVO,STRE ,(;I v) REQUESTED 1 -2 ❑ NEW PATIENT ' L N M t3E ECEIVED BV MESSAGE U , Ly&1 [ -1. /_Cal I ffl Ul L- ldf Tf I x I I �l N (L tlflff. cu X( 'r I VIL I u-T, AOV ICE (U 1 (0- 14�) Lc-0, y d -o n nil 61-r/,,V a I n7l 6 �71�- , 'i�'R N IS 10 t W 0 w ❑ R.N. II a � CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT CON F I DENT I At To: Andrea Jackson Personnel Analyst Date: _Nohlemer 1985 From: Web Bead I e Subject: Phys i ca I Examination Department Personnel Officer PMR Section 1105(b) You have informed me that you have been diagnosed to have breast cancer and that your physician (Dr. J. 'Lee of Kaiser Hospital , Walnut Creek) has recommended that you undergo surgery. You have also informed me that you do not intend to undergo that surgery. Under these circumstances, I am seriously concerned that your physical- condition may impair your ability to perform the duties of your position. I am, therefore, directing you to undergo a physical examination by a physician designated by the County and to authorize that physician to report to me on your illness and continued ability to perform your duties. The appointment is with Dr. Charles Pifer at 3: 15PM on December 2, 1985. His address is 2485 High School Street, Concord. Dr. Pifer will need to review your medical chart from Kaiser relative to this diagnosis, so you are to bring that material with you to this appointment. WB:,jm %,:i; :t ..':f )�..l• _ �^-...gid:'.._ r:•9f•-r••:+ ..s.v.t >o..�. � �•s� i';: �. • :L:- •I; ',Y••',K;•:.j- "a 1,<,..1/,t 1. •A,r.*„^rit •j1�... ••�l.' 1L ,L r •t :L.r�'�G��.r�. �R� 1,` •t, '-_ ,..In. .t Y.��+ ^ ` •:Kw. , .rrr � 'vr: 'Pti: t�' w }`v �att.71_:..•Lf. i.!'. `.7... .1 _ •'•' '=�}=lit►.. ,.nr. _ :'a.�.' .nS .J: -'fit ly:',1, .r'.11.�r_e 7,•f�y�,<.'�,t.' ��i• 'i ;,, ..,,. d .l?.�' .l� 'r�: .. t�•1-tr 'S' y''{'�_•.�rt:i'•�„'p ':,- _ .j,�. .Yl,�'k. Af ,ri}'� 1'h..1. �L.aaaa�' �i �L. (: '�; •'4 .!” •.7:'j`.._ -.t mil'.:. 'ti{ ..�•'''•ti .�,•vp 7. .t 'e.r, •.) •,�.�V .17:a .y:•••r. f- IC.-. J. - .�:'� ..1.• •.y. b• ,.�::._ :is•S 'i�! t:i.- •:1� .:i.:'. 4.! .r., a' fur: ••K� ..�✓:.,.1• l:'. ,i'.. '�}��.' •r^��. ♦ V.' r r .�_• �i� t . . •.��• �: .•Jr .i.:N .';i.;N•.1:•..Y1'.::11:''.^i .�.��;a.';./�A _ !.,• ti'r' ,. ^L'.- !; i.i•• p,r ...aiv r.�.. �,�•', -,l.+"'[i1 t..'1�J."r.G, vS.�•"•�(M.' .,``,. ' .. - .. •t: - .. .�::.:- Int .. , ,- �•� ''i'�:'a'f r 1% '':.R'. `p �. w..• t'r ( .I'.",'t`3. •_._7i, :it ,�1•i':•�• ,ru,- ••i:;'ar- �!m r2 a?� '.0 '.C. .rf '-'9' �1: .�.. ,A`.:3.' ! a., :ir.t:1t. ' ,.:�1' .z..'p, t,-,• vii• :.S a :'/l :;t T^;':t �:.-'': .:,,:.:i.; .., � :.. -".r'[''r. .: .' .. .:" '�' .TL_t".: + .ar...,•� .c+.:;''r?u.v..1T:.�.;', •�'�. iAt�, e.•... ..�.• •+ t Y•..? 'w7, ..,1 s/�::71.the Cn• t�,:.t� 1.'t•..,;Y),,,_ . }. ,;,•, ti •;t:.. '' •I.:a_fair_/c- t='�'t'•'- •-�';•�4r:'-._.�. Z .:.:f,-jry»•+r - 1i-,'` ,�, •'•' :�• 'C'=Y qr .�-f t -r 3': u^ t:�: ..V. t.i.••Fr••1••:C t w!S:Q• :•'L' ''t• ,.!' _ ? s kC� •tv• �!a.Y<:,...v7 �'�.. .r...l•, t77 .,3: +: .:..-<.�,.,t''t.,,aty:.•_;..dtt. .a„ .-'j:• ..•r:�.✓ t '..:'.��=.. ti „: _ .�; ,��._•ti.:. ,.i 4y t},'-t { 't•`''J'rRi�+1Y�t},'�;�,{i.:a. 4 1" •'; � '�r••a - � i...; .S:� �tp+l..`,'i-,.'{- a .: '•t: .;� ;,t•�t•�•,:} :3,3?"a .•: . .. ..7: :,i. - r. V• }}�e.C, i."*�,'aG«'.,.��:n^' !-v.:•.,: .� t:'.C '+;l.f,_..� .t-stn./ = ;j .;.�� .. • ,a: •/:• 't -,��':;A � a ,���� ..1<tS/�rt�..,.).. ,LII -:•ai;,;a..�•i n% - �..�.''d,•,• .,\, rr• =:i. .••s.` ..t-•=,,.,d.:i'.-Na'a, - .,>', a sa. .. �'Kji'•=.. r.�i'' �r• •c X1:.5 - hti•;; 'a._ Kaiser Permanente Medical Center Donald D.Nesbit 200 Muir Road Administrator Martinez,California 94553 Robert L.Cella,M.D.,FAC.P. (415)372-1000 Physician-in-Chief ��• `0% KAISER PER04ANENTE 0eaember 4, 1985 Mrs . Andrea Jaekson 1902 Heatherwood Drive Pittsburg, Ca. 94565 Dear Mrs . Jackson: Our meeting of 12/4/85, was very enlirhtening. I was pleased we could meet in Martinez rather than Oakland. I am sorry however, for all the confusion surrounding your medical chart , ,your medical condition as well as your employment with Contra Costa County. Your initial appointment with Dr. Broady was schedule in October. However, as an on-call physician with Kaiser I was on duty due to overschedulin,r, of patients and you met with me. You were seheduled to take a number of tests which included the thermography, xeroradiography and mammography. The test results initially showed that there was a good chance of cancer and the next step was to due a biopsy study. As a result of our discussion, you were not willinx to schedule the bloposy until ,your husband was advised. We further discussed options if eaneer was found and surrery was not done. I advised you that your life spats would be six months to a ,year. You were to discuss the results of the test with your husband and arrange for the biopsy as soon as possible. After our meeting .your medical file was to be transferred to the Antioch or Walnut Creek Clinic . Unfortunately this dig not occur because the nurse of duty placed the test results in a patient 's folder who had been seen prior to ,your visit. Moreover, since that patient was seen as a "special referral" from our Redwood City Clinic, the medical file was sent back to that clinis . We are now in the process of retrieving your test results from that patient 's file and your records will be forwarded to the Walnut Creek or Antioch Clinic. Lr� L l' t Page 2 Letter to Mrs . Asdroa Jasksea I have reviewed the results of ,your tests again, and consulted with two other physicians and I am pleased to advise you that our laitial findings were incorrect . You hays a number of small lumps in both breasts wkish were soused by milk during your last pregnancy. I recommend you consult Dr. Lanka for the best treatment. Whoa you eoatacted the advise to have your chart forwarded to to the Walnut Creek Office, my medical conclusions were placmO in the wrong medical file. Moreover the wrong file was forwarded to the clinic . Since we did not retain a copy of the signed release I talked to a number of nurses and praetioners on duty at the time to determine what might have oseurred. I .found that you left the sigaed release form with a receptionist who gave it to the nurse to complete. The nurse was assigned to work with Dr. James Lee. The nurse signed his name to the form but failed to initial it. I hope this letter clarifies the circumstances surrounding" your medical chart as well as your medical condition. As you are well aware we will not release any medical information or discuss your soAditiea with anyone. I am shocked that your supervisor proceeded without ,your knowledxe or approval to obtain further information to assist him to help you to perform your job. As with many employers , he may believe that continuing to employ an Individual suspected of having cancer or potentially dyinw of cancer is not in the best interest of the company. This Is also considered discrimination. You may feel free to call me at any time. However, as we agreed , no information (medical or general) will be releassl to your employer unless you so authorize in writing. Due to the holiday season, I will not be returins to my on-call status with the Kaiser Cliniss until tke end of January. Good lusk and good health. Si4arely, Sam el Mor n, M.D. SMIJW VICTOR'J.WESTMAN OFFICE OF COUNTY COUNSEL DCPUTIKS .COUNTY COUNSEL SHARON L.ANDERSON SILVANO S.MARCHESI CONTRA COSTA COUNTY P.ADDISON COVERT VICKI[L DAWES ARTHUR W.WALENTA,JR. VICKI J.fINUCAN[ ASSISTANTS COUNTY ADMINISTRATION SUILDING LILLIAN T.FUJ11 DENNIS C.GRAVES MICHAEL D.PARR P.O.BOX OS ELRASlTH S.HEARTY KEVIN T.KERR EDWARD V.LANJR. MARTINEZ CAL WORNIA!14553-0006 PAUL R.MUwa PRINCIPAL O[/UT1TIES PHONE;(41 S)372.2074 LAUREL REITERMAN WOL DAVID F.SCI-MOT LORRANE IA WALSN December 16, 1985 John J. Leone, Controller The Permanente Medical Group Inc. 1924 Broadway yt" ��• Oakland, CA 94612 Re: Dr. Samuel Morrison, M.D. Dear Mr. Leone: Will you please answer the following question at your earliest convenience: 1. Is there now, or has there been at any time in 1985, a Dr. Samuel Morrison, M.D. employed in any capacity by Kaiser Permanente in any of its facilities in Northern California? Your immediate attention to this question will be most appreciated. Very truly yours, Victor J.- Westman County Counsel Vickie L. Dawes 'Deputy County Counsel VLD:te cc: .Web Beadle, Health Services Personnel Officer FFI : , ��y r OCII SACRAMENTO V �' %HARD SAN FRANCISCO FREMONT SAN.JOSH MARTINEZ SAN RAFAEL • MILPITAS SANTA CLARA The Permanente Medical Group, Inc. NAPA SANTA ROSH 1934 BROADWAY PAKLAND LEASANTON S.SAN FRANCISCO OAKLAND,CALIFORNIA 94618 • (415)488-6100 REDWOOD CITY SUNNYVALE - RICHMOND VALLEJO ROBEVI111! WALNUT CREEK CONTROLLER'S OFFICE County Counsel JAW 0 2 1986 JNarbnez . Ca 94053 : ! December 23, 1985 Vickie L. Dawes Office of County Counsel ! P.O. .Box 69 Martinez, CA 94533-0006 Dear Ms. Dawes: Our records do not show a Dr. Samuel Morrison, M.D. employed by The Permanents Medical Group, Inc in 1985. Sincerely 1 John Leone Controller JL:ln/dawes-1 t DCII SACRAMENTO �. .(FIELD SAN FRANCISCO FREMONT SAN.IOSE HAYWARD SAN RAFAEL The Permanente Medical Group, Inc. MILPITAS1NI SANTA CLARA NAPA SANTA ROSA 1425 SOUTII MAIN OAKLAND S.SACRAMENTO WALNUT CREEK,CALIFORNIA 94596 • (415)943-2000 PLEASANTON S.SAN FRANCISCO REDWOOD CITY SUNNYVALE RICHMOND VALLEJO ROSEVILLE WALNUT CREEK IRWIN R.FISCH,M.D. BRUCE R.LOCKE,M.D. KENNETH P.KENTCH Physician-in-Chief Assistant Phybician-in-Chief Administrator iDecember 23, 1985 GvitO,� QtfrSet DEC 2 6 1985 Vickie L. Dawes Deputy County Counsel .. ��, r Contra Costa County '' 153 P.O. Box 69 Martinez, California 94553-0006 Re: Andrea Jackson Dear Ms. Dawes: As requested In your letter of December 16, 1985, below are the answers requested in your letter of December 12, 1985 to Robert L. Cella, M.D. , as they relate to Kaiser/Permanente-Walnut Creek. 1 . Did Dr. J. Lee Internal Medicine ever see Andrea Jackson as a patient? ANSWER: NO 2. What is the name and title of the person who signed Dr. Lee's name to the document dated October 25, 1985, and attached hereto as Exhibit A? ANSWER: Unknown a. What authority did that person have to sign for Dr. Lee? ANSWER: NO AUTHORITY. 3. Please provide a copy of Mrs. Jackson's medical records which reflect the information contained in Exhibit A. f : ANSWER: There are no records which contain the information in Exhibit A. I ' 4. Who made the diagnosis that Mrs. Jackson had breast cancer? ANSWER: No mention of such diagnosis in Walnut Creek chart. 5• Was it subsequently found that Mrs. Jackson did not have cancer? ANSWER: Please see answer to question No. 4. 6. Please provide copy of the medical records which show the discovery that Mrs. Jackson was misdiagnosed as having cancer? ANSWER: Please see answer to question No. 4. --' - Vickie L. Dawes December 23, 1985 Page 2 7. Is Dr. Samuel Morrison employed in any capacity by Kaiser? ANSWER: NOT KNOWN TO US. NOT AT WALNUT CREEK. 8. Did Dr. Morrison ever see Mrs. Jackson as a patient? ANSWER: Please see answer to question No. 7. VeLrtr uly yours IRWIN FISCH, M.D. v Physician-in-Chief cc: Randy L. Stephens, ESQ. 1407 "A" Street, Ste. D Antioch, Ca. 94509 f , 4 CONTRA COSTA COUNTY ORDER AND NOTICE OF ACTION TO: Andrea Jackson Personnel Services Assistant III NAME CLASSIFICATION FROM: Mark Finuedne Health Services Director APPOINTING AUTHORITY TITLE This is to notify you that the action specified below is hereby taken and that notice of this action is being filed with the Director of Personnel . You are hereby )WAJ0~/dismissed/dmotejdxfrom your position of Personnel Services Assistant III in the Health Services Department, effective 5:00 p.m. January 15, for the following reasons: 1936 On or about Septont,er 25, 1585, you told Web Beadle, your supervisor, that you had been diagnosed to hava breast cancer. You subsequently gavo Mr. Beadle a veritten statement (dated 101 ) of this diagnosis sig nod by yourself and purportedly by a D r. J . Loge, Internr Kaiser-Walnut Creek. Gn 11/13/1j5, Dr. Jamias 1-co. lntarnal F166icine, Kaiser-W. y Beadle a note sayinc, in part '' . . I have no record of ever seeing sal.- patient and the signature is not R,y handwriting. Kaiser-Walnut Creek has indicated that there is no mention of a breast cancer diagnosis in your Walnut (continued on attached) You have , the right to appeal this action to the Contra Costa County Merit Board or as otherwise prescribed - in the County Personnel Management Regulations or Memorandum of Understanding covering your classification. The Personnel Management Regulations and/or applicable Memorandum of Understanding govern such appeals and describe the procedure to be utilized in disciplinary actions. If you have any questions concerning this procedure or your rights in this matter, you should read the appropriate regulations or provisions. Date: January 16, 1986 Department Head: P;arK Flnucane, Health Sorvicos irector A copy of the foregoing notice was personally served/sent by certified mail to: .. Filed with the r Director of Personnel NAME Date: Date: / By: Signed: ORIGINAL - Director of Personnel CANARY - Merit Board PINK - Department GOLDENROD - Employee X (7Z) V r a - s.: Health Services Department •i _ MANAGEMENT/ADMINISTRATION DIVISION a n , 2500 Alhambra Avenue t'•, ,,��C Martinez, California 94553-3191 (415) 372-4200 sp'q•COUP1"� January 16, 1986 Stephine M. Wells Attorney at Law 558 San Anselmo Avenue, Ste. D San Anselmo, CA 94960 Dear Ms. Wells: This is to inform you that your request for an extension of time to respond to the Amended Skelly Notice on behalf of your client, Andrea Jackson, is denied. On January 15, 1986, Judge Dolgin of the Contra Costa County Superior Court denied your application for a Temporary Restraining Order. Before that occurred, Ms. Dawes, on my behalf, offered you a two-week extension of time without pay. Unbeknownst to me, you did not accept that offer. Instead, you came to my office and requested that the two-week extension be paid with vacation accruals. Anything I or Mr. Beadle stated to you on January 15, 1986, was under the mistaken belief that you had accepted our attorney's offer, and it was without advise or communication with our attorney and without knowledge of the results of the court proceedings, that afternoon, about which you disclosed nothing. Sincerely, Mark �inucane Health Services Director MF:jm A-340Contra Costa C xM �``i, '�,a� F e 1 PROOF OF SERVICE BY MAIL 2 I, NIKA N. QUIRK am a citizen of the 3 United States and a resident of the County of Marin. I am over 4 the age of eighteen years and not a party to the within- 5 entitled action. My business address is 1811 Grand Avenue, 6 Suite F, San Rafael , California, 94901 . 7 On April 17 , 1986 , I served the within 8 CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BY: ANDREA JACKSON 9 10 on the parties in said action by placing a true copy thereof 11 enclosed in a sealed envelope with postage thereon fully prepaid 12 in the United States mail , addressed as follows : 13 Clerk of the Board 651 Pine Street, #106 14 Martinez , CA 94553 15 16 17 18 19 20 21 22 23 I hereby declare under penalty of perjury that the foregoing 24 is true and correct. 25 Executed on this 17th day of April , 1986 26 at San Rafael California. 27 cum 9DAPID Or Vw` Or CUM WSTA COME 2M �2 Claim Against the Canty, or District ) WnCB 70 CIA3MW May 2 6, 19 8 6 governed by the Board of Supervisors, ) The COPS CC this t Balled to you is Mr Routing eta, and Board ) notioe of the action taken on your algia by the Action. All Section referenoea are ) Board of Supervisors (Paragraph I9, below) to California Government Codes ) given pursuant to Government Code Section �13 and 915.4. Please note all WmarniAW& Claimants Industrial Indemnity Co . AttorMys David W. Hughes Robert P. Jolly Law Offices Address 101 California St. , Ste . 1870 San Francisco, CA 94111 Transmittal y Amounts Unspecified By delivery to clerk on _ M;;,3, c-Q__ Claim originally receive,: February 13, '-1996 . Date Received: May 9 , 1986 By 00il 9 postmarked on FROM: - Merk of the Boar3 of Supe sora los County Attached is a copy of the above-noted claim. Dateds May 9 . 1986 PHIL BATQOM. Clerk, By � � Deputy Cathv Kli les MS COUnty Courns : Mark of the Board of Supervitoga (Check only one) (X) Ibis claim oomplies substantially with Sections 210 and 910.2. ( ) ibis claim FAILS to amply substantially with Sections 910 and 210.29 and we am 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 tiled late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Others Dated: By: L-c AJ, -Cali t� Deputy CounFy Counsel M. VKH: . _ erk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notioe to claimant (Section 941.3). IV. M= By unanimous vote of Supervisors present VA This claim is rejected in full. ( ) Others certify that this is a true and correct copy of the Boardia Order ea insto min for this date. Dated: 2 0 iqqg PHIL BAZAR 9 Clerk. By c, , Deputy Clerk WAMM (Gov. Code Section 913 Subject to oertain szoeptions, you have only siz (6) mocnths from the date of this notice Was personally served or deposited in the mail to file a court action on Chia algia. See Goveronent Code Section 945.6. You may seek the advice of an attorney of your choioe in oonnection Irith this matter. If you rant to consult an attorney, you should do so L®ediately. V. VRM: Clerk of the Board =0s (1) pity Counsel, (2) County Administrator Attached are copies of the above claim. Ve notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been tiled and endorsed on the Boardls copy of this Claim in acoordanoe with Section 29703. ( ) A yarning of la man*'a right to apply for leave to p vsent a late claim Was mailed to claimant. i 3 1 David W. Hughes, Esq. ?�q LAW OFFICES OF ROBERT P. JOLLY Te 2 101 California Street , Suite 1870 San Francisco, California 94111 ,�CEIVED 3 Telephone: (415) 982-7578 4 Attorney for Claimant , FSB 131m INDUSTRIAL INDEMNITY COMPANY, 5 a corporation PHILBATf,NEIOE ERI(NO O'SUPE E3 CC► IT,&1A C J 6 7 INDUSTRIAL INDEMNITY COMPANY, NO: 8 a corporation, 9 Claimant , CLAIM FOR DAMAGES (Government Code Section 910) 10 VS. 11 COUNTY OF CONTRA COSTA, 12 Defendants. 13 / 14 TO: Board of Supervisors, County of Contra Costa, 15 651 Pine, Martinez, California 94553-1229. 16 INDUSTRIAL INDEMNITY COMPANY, a corporation, 17 hereby presents this claim for any and all Workers ' Compensation 18 benefits it may be called upon to pay, on behalf of RICHARD 19 ANTHONY RUZBARSKY and KARL JOSEPH WILKINSON III to the 20 COUNTY OF CONTRA COSTA, pursuant to Section 910 of the Government 21 Code of the State of California, and makes the following 22 statements in support of the claim: 23 1. Name and mailing address of this Claimant 24 is: INDUSTRIAL INDEMNITY COMPANY, P.O. Drawer "E" , Walnut 25 Creek, California 9496. 26 / / / ECEIVE 27 MAY 9 1986 28 / / / pwiL BATCHELOR ZE K STE TOF OAOC ` Y 5X504 (4/84) 1 2. The address to which the Claimant desires 2 notice to be sent is: David W. Hughes, Law Offices of 3 Robert P. Jolly , 101 California Street , Suite 1870, San 4 Francisco, California 94111, telephone number (415) 982-7578. 5 3. The date and place of the occurrence giving 6 rise to this claim is November 7, 1985 at or near Daugherty 7 Road, three-tenths of a mile North of Old Ranch Road, City 8 of San Ramon, County of Contra Costa, State of California. 9 4. The circumstances giving rise to this claim 10 areas follows : 11 On November 7, 1985, RICHARD RUZBARSKY and KARL 12 WILKINSON III were operating an 1982 Mazda RX-7, Califoria 13 license number 2APT 137, which had recently been traded 14 in by a customer at Valley Nissan, whom INDUSTRIAL INDEMNITY 15 COMPANY insures for Workers ' Compensation liability, pursuant 16 to the laws of the State of California. As Mr. Ruzbarsky 17 was proceeding Southbound on Daugherty Road, he came upon 18 curvey, uneven asphalt which caused him to lose control 19 of the vehicle, hit a dirt bank, become airborne, and strike 20 a telephone pole. The police report is attached hereto 21 and incorporated by reference. 22 5. Both Mr. Ruzbarsky and Mr. Wilkinson suffered 23 multiple injuries, the full nature and extent of which 24 are not yet known, and have incurred necessary and incidental 25 medical expenses for the care and treatment of their injuries, 26 and have been prevented from attending to their usual occupation 27 and have sustained a loss of earnings. This claimant alleges 28 on information and belief that said injuries are permanent (2) 5X504(4/84) 1 and that there will be future medical expenses to cure 2 or relieve the effects of the aforesaid injuries and future 3 loss of earning capacity. 4 6. At all times material to this notice of claim, 5 RICHARD RUZBARSKY and KARL WILKINSON III allegedly were 6 employees of Valley Nissan which, at all times herein mentioned, 7 was insured under a Workers' Compensation policy whereby 8 INDUSTRIAL INDEMNITY COMPANY was obligated to discharge 9 liability of said employer for Workers ' Compensation benefits 10 required or imposed under the California Labor Code. Although, 11 to date, INDUSTRIAL INDEMNITY COMPANY has not paid any 12 benefits because of a dispute as to whether or not Mr. 13 Ruzbarsky and Mr. Wilkinson are entitled to Workers ' Compensation 14 benefits, if Mr. Ruzbarsky and Mr: Wilkinson prevail before 15 the Workers ' Compensation Appeals Board that they are, 16 in fact, entitled to Workers ' Compensation benefits, INDUSTRIAL 17 INDEMNITY COMPANY will be obligated to discharge the liability 18 of Valley Nissan for any and all Workers ' Compensation 19 benefits required or imposed under the California Labor 20 Code. 21 7. At all times herein mentioned, the COUNTY OF 22 CONTRA COSTA so negligently and carelessly owned, operated, 23 constructed, designed, inspected, repaired, maintained, 24 warned, or failed to warn of potentially dangerous conditions 25 pertaining to the road where Mr. Ruzbarsky and Mr. Wilkinson 26 were injured, so as to cause the aforesaid injuries, including, 27 but not limited to, the creation of a dangerous condition 28 and the allowance of a dangerous condition to exist by (3) 5X504(4/84) 1 permitting curvey, uneven asphalt on the subject road, 2 failure to adequately construct, maintain and repair the 3 roadway so as to allow. the road to remain in a dangerous 4 condition, failure to warn motorists of the dangerous conditions 5 that were created and which were permitted to exist . 6 8. As a direct and proximate result of the aforesaid 7 tortious acts of omission, Mr. Ruzbarsky and Mr. Wilkinson 8 were caused to sustain multiple injuries and INDUSTRIAL 9 INDEMNITY COMPANY may be caused to suffer the damages herein lol claimed. 11 9. The names of the public employees causing 12 injuries to Mr. Ruzbarsky and Mr. Wilkinson are unknown 13 at this time. 14 10. The claim of INDUSTRIAL INDEMNITY COMPANY 15 is unknown at this time in that INDUSTRIAL INDEMNITY COMPANY's 16 obligation to pay medical bills and expenses and all other 17 Workers' Compensation benefits to or on behalf of Mr. Ruzbarsky 18 and Mr. Wilkinson have not yet been determined by the appropriate 19 tribunal . This claim may be amended in the future to include 20 those sums for which INDUSTRIAL INDEMNITY COMPANY may be 21 called upon to pay. Therefore, INDUSTRIAL INDEMNITY COMPANY 22 cannot assign a maximum value to its claim at this time. 23 DATED: February 12, 1986 / 24 LAW 0 I 0 E T P. J L 25 By : 2s " David W. Hughes 27 Attorney for Claimant , INDUSTRIAL INDEMNITY COMPANY, 28 a corporation. 5X504 (4/84) (PROOF OF SERVICE BY MAIL - CCP 3S 1013a, 2015. 5) I am a citizen of the United States and a resident of the County of San Francisco , California; I am over the age of eighteen years and not a party to the within above-entitled action; my business address is 101 California Street, Suite 1870, San Francisco, California 94111. On February 12 19 86 I served the within CLAIM FOR DAMAGES on the parties in this action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office mail box at San Francisco, California, addressed as follows: 1. BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Martinez, CA 94553-1229 I , ROBIN A. HALE declare under penalty of perjury that the foregoing is true and correct . Executed on February 12 1986 , at San Francisco, California. STATE or- ��LIrPRNiA TRAFFIC COLLISION REPORT P•G[. /Z C.0NV w.a.'[ INC INF JR[O '+ a A c- JUDICIAL OISTRICT I 'Ia LONv 'No KILLCD . 6 . c.,.— wa.o.TI.G DIsT.lcf aa.f MISD COLLISION occJRw[c oft Mo. DAT YR- nME (..001 Ncic I.D. 1 p %.../��.:.,- ... ............ " // 7 F'i_ 07�i 0700 13 49/t1 -- ..................................... / .IGNw Av Rauf&D � MILC.OSY INF ORMA TION �NIJR YI,wrrRL OP�IOw AWAY STATE .1 MIL111.01T Y[S C' NO L-(Taf MC• O1TNM I P.OTOGR A.MS � .T INTERSECTION w o �1 G CL•=�' YE1 No PARTY N.ME (.IRs!. MIDDLE. LAST Ow.c R's NAM[ L- SAM[ AS DRIVt. i I DRIV{A Sf A[[T AODAl LL .oME PNO.E Ow NsR•S ADDRESS L-; SAME AS DRIVER ►a D[s- CITY�ST.1w ZI. EUSINESS -ONE DISFD SITION OF V[.. ON oRD[RL or j TRIAN a 0906, 77,U-) o►Ilccw ._ Do-s. ✓DYNE. I ARPlD DRIVER'S LICENSE N'KEEP STAT[ ■IR TM DATI so RACE YEN DIRC CTION OII ON/AG�►a•sf (ST.EET OR .'...AY) S.E[D LIMIT • MO. OAY YR. I TRAVCL O SPICY- VcM, VR(S) MAKE(S)'MODEL(f)!COLO.(S) LICENSE NO.(S) STATE(5) CNP USE VEHICLE DAMAGl &AT[NT/LOCATION C LIsT I I ONLY r .'7. '� 4.� �/?.• .P^. 7. ��/?T 3,' �Y-,/�. IV CHICLE TY.[ L_ MINOR r� MOO[R ATt i� MAJOR (_]TOTAL oTNaw 1 1 ^f PARTY ..Ma (I IA ST,MIDDLE. LASTI IOWN[R•S NAME SAM[ AS DIVER 2 DRIVER STREET ADDRESS MOM[ ►NONc OWNER'S ADDRESS SAME AS ORIV 1 PKOES- CITY,1fTATE/al. EUSIN[1f PHONE DIS.OSITION OI ON ORD[.S or Tat Aft wIAN COFFICER L_ DwlYaw L,.•DTNER PARKED ORIVEw'S LICENSE NUMEaR STAT[ RIw T.DAT& SEI[ CE DIRC CTION OF ON/ACROSS (STREET Ow MIG.RAY) S►EEp LIMIT .a.. MO. DAY YR. I TRAVEL I I EtCV- VKH. TRIS) MAK[(S)!MODCL(S)/COLOR(S) Ns[ No.($) STATE(!) CMP USE IVKNICLIF DAMAGE-FETE"T/LOCATION Vl.ICLE TYP — MINOR L' MODERATE MAJOR TOTAL DYNE w PARTY NAME(FIRST.MIDDLE. LAST) OR.t.'S NAM[ SAME AS OwIVER 3 Dwlvaw STREET AOOaass MOMS .wow[ Ow N[R•f ADDRESS SAME AS DR i I rooms` cITY/sTATE/zK EUfINEss ..O.E Dls►Of ITIONON ORDERS OP TRIAN r: LI of.Ic tw ._I owrvcw L.oTMtw ►ARKED OwIVaR•f LICENSE NUMa[R STATE a1RTM DAT■ {E ACE DIRECTION OI�Oh�A c.as (ST. [T ow .FGM WAY) S.E[D Llrl♦ VLM, MO. OAT TR. TRA VlL 1 a1CY- VIM. TR(S) MAKES)/MODff L(S)ICOLOR(f) ICaNsa NO.(s) STATE(!) CNP USE Vff-CLE DAMAGE-EXTENTILDCATION CLI{T ONLY _ VE.ICLC TYP �_� MINOR OO.R.TE C M.)OR I�TOTAL . . . . . . 1 oTNcw I PARTY NAM& (FIRST,MIDDLE. LAST) OWNERS NAME L._. SAME As ORIVCR Dw vaR fTRaa7 ADDwa{s HOME .NONE OWNER'S ADOR[fS j SAME AS D w i PED[s- cITY/sT.Ta/21P auflNEfs INoNE OIs.OsITION ON Ow DEws OP TRIAN COFFICER DRIVER C OT.ER .ARKaO DRIVER'S LICANSa NUMaEw STATE !81MT.DA To so ACE DIRECTION OP ON/ACROSS (STREET OR .FGM w AT) {►[t0 LIMIT VaN YO. DAY YR. TRAVEL aICT- VEN. VNIS) MAKa(S)/MODEL(!)/COLOR(!) aNf! No.(s) $TATE(S) CN► USE VEHICLE DAMAGE-EXTENT/LOCATIO. VEHICLE TY. D MINOR C MODERATE C MAJOR C TOTAL OTNER CHP 555—Page 1 (Rev 5.84) OPI 042 e.�vo13 TRAFFIC COLLISION CODING PAGE. .� GAIN OI'CO►L Lf 101E Tlr[ (YMQI NCOC SIU N0 00 ifrLflC' 'i. jww"offe 10� Mo Da.i Tw. S �� �7 07oo 7 // 1,e - IL PROPERTY DAMAGE Oa• IPTION•OP DAMAOt C'r � 0 Q ♦ SOLb VP#---c-k OWMSP'S %Ara/ADDRRSS NOT/P ifD O TES MO VIOLATION(S) ARTY I FARTY 1 PANTY S PARTY E CHARGED 1 PRIMARY COLLISION-FACTOR RIGHT OF WAY CONTROL 1 1 1 ♦ TYPE OF VEHICLE 1 S S • YOV EN ENT FREC iDING IL1fT MUMW[N (e)O• PANTY AT PAULTI A CONTROLS►VNCTIONIN6 A VASSawGaR CAN/STA,WAGON COL4ISIOR e A VC SUCTION VIOLATION: E CONTROLS NOT PUNCTIOMIKS ►ASSRMBaR CAN W/TRA/LRR A STOPPED D C COMTNOLS...CURND C "avow CT CLa/SCOOTER X 1 0 PSOCURDINS FTNAIGMT iI a OTMta IMPROPaR DRIVING► D NO CONTROLS PRUSUNT D PICKUP OR PANEL TRUCK X C RAN OFF ROAD E PICwuP/rA//al TaK W/TOLN D MAKING NIGHT TURN C OTNER TMAN Oa1V8Rr TYPE OF COLLISION F TWWCN OR TRUCK TRACTOR E MAKING LOFT Tuna D UNKNOWMr A NISAO-OH G TNR/TNR TOACTON W/TNLN F MAKING V Tuan WEATHER M . 1 To t ITEMS) R S1Dwsw.-S N SCNOOL BUS G BACKING A CLaAft C asAN BNO ! GYMS* GUS N SLOWING—STOPPING B CLOUDY D Nw OADSIDa J SMtRGaft CV VaMICLIS I PASSING OTHtw WGNICLa C GAINING x E MIT I K NWY CONsT.aGul►"aN7 J CHANGING LAMBS D SNOWING F ovawTuw Mwo L DICYCLIS K PARKING NANaVVER E POa #rlAVTO/'a Do STR JAN M OTNtw VRMICLE ERTRWING TRAFFIC PROM F OTNURr: awr: I IN Pa 0USTRJAN LSHOULDER. OV IONR,NR OIA N, G WIMP ON OFUD PARKING STRIP OR LIGHTING MOTOR VEHICLE INVOLVED WITH PRIVATE OWIVR ,A DATLIaMT A "ON-COLLI S to" 1 1 7 S THEM ASSOCIATED FACTOR M OYNBR UNSAFE TURNING is ousw—DAWN 11 PCOBSTRIAN (MARK I To S ITE"fl N Ala* INTO OPPOGIwc LAN C DARK—STREUT LIa NTf C OTMUR MOTOR VEMICL■ A VC SECTION VIOLATION: O rAWKUD D DARK—No STRKUT LIGNTf D MOTOR VEM,ON OTHaft ROADWAY F "Become STa[ET LIGHTS NOT E PARKaO MOTOR VEMICL■ E VC SECTION VIOLATION: O TwAVELiNW GROW*WAyT E DANN— IUMCTIONINGr F TRAIN R OTMa W.: G DIC+CLE C VC SECTION VIOLATION: ROADWAY SURFACE N ANIMAL: 1 1 1 S EMARK ODRIETY—DRUG— A nov D VC SUCTION VIOLATION: FKY GoCAL 0 MUT I WIKIO OaJtCT: 1 TO I ITONS) C sNOWy—Icy T� N ole E VISION OBf CUeBMiwTs: A MAD NOT BaSN DNINKING D SIIPFE wY (MUDDY.011y,NTC.) J OT.Wo OBJECT: R MwD—UNOaft INFLUENCE F INATTENTION C MBD—NOT VNOER IWPLV.• ROADWAY CONDITIONS G STOP•op TRAPP.0 ONBD—IM►AIw"aNT UwKwr YA OR 1 TO i ITEMS PEDESTRIANS ACTION M 8NTUR IMG/LEAVING NANO E VNDNK ONUS IKFLVBwCa• A MOLES.DEE►a.TSP A MO PSoa STRIAN INVOLVED 1 ►RaWows COLLISION F IPPA/RMaNT—PWTS/CA►S Is LOOSE YATRRIAL ON ROADWAY' CROSSING IN CROSSWALK J UNFAMILIAa WITM ROAD G IMPAIRMENT NOT KNOWN C OcfTRVCT ION ON ROADWAY* AT/Nva Rst CTION K Da-mc Iva VtM.NWVI►.: N w0+APPLICABLE D CONSTRUCTION-RK PAIR SONG CROSSING IN CROSSWALK—NOT I BLEBPy/FATIGUED C E NEDu CED NOAOWAY WIDTH AT iNTtwfB CTION L VN/NVOl YaO VEHICLE F FLOODao• D CROSSING—NOT IN CROSSWALK M OTMUNr: 1 1 1 f SPECIAL INFORMATION 1( G orNBw A: — E IN ROAD—INCLVOEs SHOULDKw N MONK All KURT A NAIAADOVS MATERIALS* N NO UNUSUAL CONDITIONS F NOT in wOAD O RV NAWAV VEMICLIS a FINE INV OLVND. G A►PWOACMING/LEAVING SCHOOL BUS C TIME DEFECT/PA/LUUa• I SKETCH ' MISC ELLAMEOUS X ( i) X ' INDICATE ' 1 NORTH X Qt \ PoC is -fit fp C ` PHYSICAL DESCRIPTION OF PARTY NUMBER HAIR Ny Ea MERONT Wa1ONT PWEPARRR•B MANN Com. ED "WINSINN MO. DAY Va. NEVIEWEN'S NAME NO. DATyw./7?. ^Clelewle a /�- 7 -BS =�.l.F 1 �s�$c' CHP 555—Pup 2(Rev 5.84)OPI 042 'Explain in narrative ... e► eALlPeawlA i or VJURED/WITNESSES/PASSENGERS ATE OP COLLIs1eN. TIME (a/me) =Cle ruraaa OPP/saa Ie. Yraasl • ' KxTtNT or INJURY (-,X--am) /NJuRtO wws("X•'one) EITNtaa PASS t can PARTY tt ATIRa AOt ati ONLY ONLY aE VEwa OTNaw Ylalatf COr PLAIaT MUM rtR ►Oa1T10N PATH►IN/VwY aw1YaR PASS. PED. .ICT cL/sT OTMew INJuwr INJuwlfs o► PA,N . ► D ❑ ❑ ,AIIe/AODaf ss/TSLEPNONE D O / / D 4Vv O .•RANsPORTCD ar/TAKKN TO INJUssoo"L.V( &B q4l /N aascwlaE IwJuwla T S !3 TUC/ " l� l$ ❑ NAra/ADDRess/Ta Lf FNONa I.tI 9 6 3.1- 9370 Tw Ays.Ow TED ar/T KtN TO (INJURED OKLTj !t A R s Dascwlsa/NJuw,es E' L Tibl�V FPA--T ❑ ❑ ❑ ;NArt/woowEss/TELEPKONa �"ANSPOw TED er/TAKEN TO(INJVwED ONLY) DssCa/aa INJVR/fs Li o 0 Li 11 Li ❑ ❑ ❑ rwys/AoowEssJTELfPNONe a ANS POaTaD ar/TAKEN TO (IIIJuafD ONLY) �tCalaE/NJualss D ❑ ❑ MA Me/AODaf a{/Tf LE PNONa TRANSPORTED ar/TAKEN TO(INluwED ONLT) Descalso INJualts L O O ❑ ❑ ❑ ❑ ❑ ❑ C3 ❑ rwra/Aoowafs/TELEPNONE Ta ANaPOaTED ar/Tw KUN TO(INJuwse ONLT) >Pascalas lNJualas Pws PwaEw'f NAra I.D.Nursaf r0. DAT Ta. At YIf At R's NA.11 YO. OAT Ya. m. e«'eAR v9/g ��--7 -es CHP 555—Pop 3(Rev 6-84)OPI 042 $TA►w 0• CALOw OA MIA .y FACTUAL DIAGRAM -16 aATt e► ce LL.a•Cw Tlrw (a—) Mcic MVrO/A OPVIctw 1.1. lowe"aft re. aAr rw. 0'1 o O -4-5-714b AIC. ALL 1/(ASUR[MENTS AR[ APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE- ) I Oou'3�41.27V ----- � FENLE LINA -TM T• MOOrM T' X � DIQZ SKflu�DE0. X SKID MARKS '- v SKX InQ '110 X, f'0U6L X C�ouSE To EOGf OG 200DOM4 X- X 54�2�� x , 4y� x �1 TELEPvF- PD'-f- ` 1 i sack-Of&345 ` - 1 Y107 K TAWTt H Of OLD RAOC+l ED. Musu lzm ENTS T•• FROM POLE. To. VU. , / TO RJR ►�' ?C L/F 13' 4z \ yR %i �C � DillvE0. PAssE_I SEA X •09-AARM'S MArw "- bO,..Men* r0. CAW VA. IMUV-CWGM'GftAN4 NO. OAr rw. W.PoQ i Ee CHP 555—Page 4(Rev 6.84)OPI 042 IM 33MY ►Ne NARRATNEISUPPIEMENTAL wA++wwnvs rs;wTAGREG 2 CO&L191994 ME ony w ■: . OATS O• OR,�irA►IwCIvvNT TirE lEr.l "CIC numeas N►ICNE L". "woven or 1uun 7 rG. sa. 7 Tw. 4 Cr7OO ly oiln 1c- J v 7 - w77a CITT/COVNTV//wO/CIAL OIGT"ICT REPORTING E/ETRICT/NEAT CITATION OUVAOSw �- v�/= LOCATION/GUG.wecT r C _• NbT�F/G T/ N A CmQ T .. T /0-30 s a RESPOADED1 / nlAj / - T 103 7 7. i ,r-� L 1- - -Tq - s. N k Rn AT rl-/ 7- sfc�- - i /9 /VOP N o +:. v PA A S s/GNS /a77 Ai is. % b A !V o C/n 4 L i '�► t L/w - - sT +... N P T - - sic t s. T A/ A/ S/De:- F Tfl�" CJDW A - / TE OL r T n sT F = s NADP, E o 7 kVoF OTIe►ARNE'v MATE I.O.Nuree■ NO. OATVE. wNY/NOEwI 'E MAINE r0. -'OAT V 3 _ _ CHP 556(Rev 4.83)ON 042 Use previous editions until depleted. asr 1 PAOD - t' O"s t"DDe .j NAR RAT IVE%SUPPLEMENTAL wARR ArIr■ N►►l[Y[NTA 29 COLLI SION P9► RT ❑ rN R DA-2 O• ONISINAL INCIDENT MCI C "woes. OrriicamLD. wY ODDB�/ ro- �/ aAT ♦w,V S O 7oO 7 118 — CI"/COwMTT/Jw DICIAL DIwTMICT ws PO.TIMe DISTwICT/eDAT CTAT/OM "woes. 06 ZyQ0 LOCATION/*wain C7 ;r 1 3 r /L - N A _• o v v OF ZPIF -20(1774' 7. 0 ,,,; L A IVE OF ACW(S -k:> 9CING T)CZAM .. Eke S tiMp s v A F ki-1 V 71 Al .. rl b/J 7. PASSEI -Jt2 G t T PO -14 V/1�6 01v 1-41 13,Pc k liv N " T A Z 0A A L// - ,.. P s ICA L �' 1q ,7. ,,. A/ - L in,1A i%,-1 ::. Fi./; iFOG4L Sk1r)-c. . U. T/Pc � 7 G ' /o ,• ... -rA 3a! ' /o '" "BPAws A's"A YD I.D."woos" I ro. DAT Tw. ima-wou N'1"Ars M10* OAT Va. CHP 556(Rev 4$3)OPI 042 Use previous editions until depleted. MP I 1 1 I 1 11,011 1 1 / ni•i•:iii:w/w::ii....i: =70-0:=4W.-:i -ii%Nwr .. N//I--... :=X"11= r...YN. ./•.Y.... .r �. .-.. . ...•-.�:.• /��/1 a,::" .�.......• -moi•I•.I .rw.sop�I M•..�.•. FE-1-Y r..r..rrrr�..r.........N..Y..f 1.r.YH1.//N...........r.•../..••Y..1//. . ...r e.•rr rr YwNYrrrr .■.........•■....•.,•I.f.N•.,1..■..f...,...•..Y....•\..NI■...•�1■� r /t'.w...r� •■NNY�.I�..■N..N.....-.H.YN t•N.Y��,.1..�,���'....n...Y, H•. yy •N....■..f■..I f1.r Y•...r-N Nwwr.■rrr■.■.■.......r........�N•..ii:�- �::.w..,i„N.M\\I .Y IN..M w■.\, N•YYN� w.Np...w.w...o. r• /wL.w. ow .....o i•..... .-r--- www.\rrrr......../.w•Nn•Nso.HOr,t1�.N■..■N r....•sfrl a...MP■...•.DOD A@ Y ftl H....I Yrr NwwNt.�wr.■..■■■■■■■l/■■Ill/ls.11s.•.tl.l.■.■■.■.■•rw■.ps.1..NItB 1 ■ • .lt■■►.!I/1 YIIwt■. wwwNwmNr.i■■�■/■■.••■■■11.t.t lg1lsl1t.l�■■■■..■■tI1NN�'...ItNll.•.1■■���■�.��A■ N..IA/wwtl wwwwwwww/■M ■U■■■1.■1lsl.11.IlM•t.../ ■■.■1■■■ll Y AII••.1.1..1■■■• ■ .www w...I.. wwww/ trwwr.wrr..... M■..n H■..•u..ImnuN■■■.■.u■ltYn /l.l.■lLypl a•.■ ■9111.=pprnnt�.wwN• wwwawwwwO■■�■�■ss.■!t■so ssll/t.lN M:11 /■■■t■■■.t■==1•fli.1IM1!"I"t■N``A.0► p•1111 1 �Irrr Illw s a- NN 11 www_EESERA•����_•~��•�\�I�nN�IIIIIUII"�II •M�%aegis, HIMMI'IMNs1 IN■Il1n I ma.Adoffal _m•o• �:::: :::e::� saL : Y:.Y .�.:...:Ls>t:ssx4��'..s:-rrs= /YIN.S.« ���^�G!!��L=�A��a�w«f:::::::i•..•..•-:i='-2l-�S�� i�.ys:=:� i:a��i flrr.--.::S:i:lC C=Cr. =='..----------...�.._.......»........-------r:::ter.:-=:::.::. iC6i-//•i-..o�.w'fi:C. __rr.rr-r..//IIw.N•...H.r.u.•.fru..Iw-A NNr������v+//IOW--N Or..-��.-Y-Y•-.M/wti..•Its .•...:.N.•��:Y•i�.•w.H•� +N�.�r N=�ri.r� www�rrrrr.��....■■.:...t••.H,...f•rMr.Np...N.1.pN.1•.q.�ftfr A1,N.■/�►/pI�p.■I ...■N f�Y M_Nrr ww_ t.�rrrr.�.....■■■•..■in�s�•�\.tN •f tM /M%■N•.■■.,•n.;�llipMp;.,�3fo!1�Iw 1,���dl.■•w..l� NN ~�� ..■.../.....•--::..•H ti�•.1Y....■��1.•...:•N.Y\I,N„I�A/...r E.-w=w, i /..• ..r.NNNN 11 Nww�wr NN... .N.■w.UHt 1\1.N..I.w.w,i1■..nr. P...�...YN...r.NAA-�� wwwwww�iw.■■■■'.�'i.■i/w.ltg1.11i I. •1■....w■.s!s .1lp t .r.• l.wt q www w — wwwwwtlN�..■■■■■/..w/w.n111tsN■..•.. ILMI Ytd�JI p..��w_w�� wwww�ww�w■1�■m a-Na��%�■!\�A,ulgm11■nI.Mo.�\,Ito�t�1pve jsAlwNl�a a" ansl �1w 1i1_ww wAm w wwwwwl'w��■s1 ■111/x!1t.!!U!U IttUNttl gn'/B!eN!1aU1 g-61-a q�/1 t��1 1511 HE�Cwin wWw11"wwww■ /_�■�sssss1 ■\!/lgUtt$svo ��IpppII s■■sar1is 1l��p•!N10111,■.w1 A 61A'A tow= ff=wWU _ I•iUnannam:so a �� Iwn1y11I"l"unl jes IPMOU 11IN►O 11•JiIrin u %1 n �1�1�1 Cn o� www.trl.\�"rtr"�m . \ l ■ an man =wwww u.-■1.-.1■-■ 1w/11w11n1l11Y1t11w"n1■mawml■ r�w.P.dm11lA1 .lim•sd Ira �I= N 1... • C.:':ss:sC:iiL��iiiii iuiiinl11�N1i1�ia iiH�liaui�ll=n1%Inid/m.11 p.q��N'1 HIUti1 ..■■■■■■■m mu ■sssf uufmfl 1NIr lln moor:fn::HIM to 1.■e�a foI nu■ .■ wCCiisommi noilli1u 1/111111111 mm n ss7U In �rfl fla/i� r '1 1 In1 iii m a Co■o■■■sse INI .l.1 1 n 1um1 nay 1 arm Iful►1� 1, I it I I J mill 11 ■■� ------H WHIM 111 nii�ii=i Asa/Irs, 'ilii iin�'i viii � / 11 2x C:=eraZzz. =eyes-.e r p r W e e= ■ , _ 1 NN -----/•------......... f. w fYNNYr-rrr:���::O:::i::.:IH/...�.:I N:��:•�owns,�M..w'.le rNw ..M ... A• �. �=lo,. -W wNwwrrr • : "AndoM ��: �rrrrr■.......I.■...■■■■\.•. as.. M .■■...0 =C Z own WC .fIN.::.:.:rN.NrNwNN�= � .Y/I/•...NH..f.Y.Ir. M \rY ./ •------.//-..■.N...O•......•.N...NN..H,........Y.--.Y 'I 1f....rr.w...�w��.l..■•p■�O■..-.N.N....r.-r_r � 1 mmma=ii:=iiiii��■��■! �t:tN Nn;M i;��s■lnuiirl..lw.i■.iO•• i1.�CN iI� wNwHrrrrrl..p.■.■p INs.M MI..r..f"JI..I../..N'..W I.■M...wltr•1 .■./■....• • • Nw1rr wwwawwwmsl■ssl�sssOU AssUlA.tlpUllll•l1u'ver on,as Is►lw Hgl1 IIYI 11111��s)s ON!Ua11s t wwww■ wwawwwww�■■��■■■s1lsr.ltlllgg1.111w/►1111�ItIO'/tt tl•.Nw.W11111w1Y1tlss sIu isN1/l=lll�lawman UUUUwwwIlO11■��sssun/11/sls"111111/11111 r.Sws.l 1'11�r1 IA►A�1UI Itn1 NOI Mo am some Willis",UUUw■ • 1 www..wwwr■90.Y�■■.■'.slwo/or N■sell"noti■.Isr.s/s•g1.1 1 U 11llntsnlNss■:sgwfl!goal wwwwwa == ?---�_:s:�-v -- -::::.�:ulx::z: :.s a•ec i.... :But as sZZ=XT.1 NNrrr-r--_-rr-r-r-r—m-_L--•sw'.LL..-N..�.�r11r1f•i1L8L.rr.Y.w•.:Y•.w:?«=- ...V._A-oN: : 1-12LNinnLu..� . sE=iso • w.::. H : r...•rNLi ::�..wr r--�-r.Y w�:: ---::I.:�.:.:..iri iiMQ�..7.i1::is�..._••NN_:.i.N.�Nw.��i■ i�liN�i f./.r•N�Y�■=a::a;-ia.=z;am N� / CNr...rrr-�: =10=N:7:-:::IIM rtl.1W.• �M.� N.:N.If:ii:M,�/..rY w..-.: N••-N••��a - Nrr -rrr N../I. .N.......M.• .'....I. . .I.N.,O,•:=1111111H ��.•ff,,l1wrp.N .N. .M rwr=- , _ �2 rr.•j-/N..NL.F.•..I....r.Y�•.Y.I�.�I.If1..IN...�H."ac rw Z=:r4.H.Y N_w_Y_ r =NYf.rrr"NO NNS:�:•A•A:•..N�.BN�.N'.��r-�N.�■ .,A,:. UHM., t10 Us0.... . w.f..w wwYY�r 1 rwwrrrrr■.I..N..Af.•.1.HI..Y..Y..r.il..fl.Yf......N/.Yw��fIN-N NI.:f�ftl: ...Nrrr • •.r-r N.I..I..I.......•.. r1.• .N. ..I-/t.-•...Ni\. • rr1 �l H.N Nw r Cwwrrrrr■.•/■■■...w■.wl•:i.m i�/1n MI•/.r..■■■n =fit tit nf�1 Y■gii�1's�ii...■.3ww=r wwwww�wr...■■■■■r.s■sIs'.sgw'. 11rtl!►.mt■I■►.■■/ t 111■ tlt11 . 1 ■■ses,.l■isIsom man wwwwr.rr.t■■...■I.■■•/■.•� i�l..B..Ip.■'�/■s.��s/ 1N SYrIINI�ItI ■■■a1tNs'om.,=wwww ��wr.rrrr■1....■ripen s\.■•• is im'r\AII ■\■■■■t/t■Y/=•1.1111BBBBBB.\I..sl.■.■.w Mom., _ iiiii::i unu'mass@iliiiiuiim011IIInir'.isliras usa„'1�IerPiiwi jj� "itlowlw 'aw :::r::::•'.::ii':::::: to am i u ii:i 66661 i�i'�i:inwu m=i l=l�-1 Y 1; =slam MON ijan • 1 wwwwwww.O■■w■.s■s./■Istgss/1w'mm'”'1■■as"as lwosl®ttw111rt1psN�■ssllam w.ww ww x--:M:3::':—:rte °� ==::s1��s��•::�NCC ter-ter..---- w= . . .-..-:i::•::.--:::._�.• _ 3. .95:: 0 ••~ iw:s.:::. .•�f� • ..NN�� ==.N r�--------..f•.. ■..N M.H.:I.w.//.•�i1..-1� C11::i .:�. I:.L.....:..N.Inset. r7 s-===sr.a -.:.�;a : -�X::•�:::.L=:• .N:sr~ logli {rp�: ao: -:.-� •.�.YHMM.�.I...H•N _r y.rrrr.w.N� ::•N...H r:�SNC.:.NN■ \:.. ■..:••t...qf.I.r/gN�� N`�, :..•q.•.1. w=am, Va wassail � .. _rrf.rrr.rt:ti:�n/ so %�:\�.:�\• il����::06%_w a. /•L.,i..�l 1111 C=1 1,10 •1.,w■■.�::I. .-p-la • •• wr%f.rrr N..•...N■ ..•■.•\:'N I.N.I.\II......� ... ::glujossi-H.H.-I...Z� mon f:Ii=mrr� DID X..... YHHY.././/.. 1 wrrrllrr.►....r...I.N ..•..II...f.f.f•.\11.1.1....h..NI...M IrfY..Y\i...•r.H.H\t..wrrr M"i mowrvrtu low "Cl ur n.1e.=ra mount 1�Nu■_■n■ . t i'Is I■.�■'■__.t`sl�t ntm w■�I ww= w/=sower/m.....1...►Mm,mmomriounp,Emmons An.•w•.■ ••or�mor.es,1:11881, Mete/•INlslt ■. 111■g.gl.ml 1elision we seems loans"sea Dominion 11 I■■sw■ ■ .I ■p�N�11/11w wN /wwMlwww AN ADE1s!N'.ssl%r.1/ '��Ig1'�11���■sgs s■III�Nss�Iggs1masVI 11t%Mwagon game legal I�AIIs�igel as N■a 64190" ss33sis/sN!/M_Iwwww■ wwiMiiiiii nio•is Agri 1101.111111 111'pll iISO iiii Islas III-Ijnsn nni 1111 wages 1 jiei■gm as ali VI iiitmmmii www•Awtm.sl■1■ 1■1■■,.1st 11NNt 111s.ON1■■■.s s■■■s$as ""�M■=run■a►/s►nr.n mm�ul m6nm■sssl nn 11111111Inman■■1m 1221111 o I um uzzlet ""uan /11\Y■11�'��r/�'�1d/1111/1611111111 aa�O■:01111111116111111111Nn11�1o1111 111111■W""■ 1111111111111 11111111 Samoa C uiO NSLON iai ilii 1111111111lose iii=i ilii iiiii 1�1111"l,ri i its=i 111111 iiisii 11,Now I■EMml.o1fil%�i1�116fffff1111f6161111ItmmL11111111111111111111111111lmu/11111 tIn111111■.■■■ illilm 1 i i�Mr■.iiiii iaiiiiiii iiiiiiiiii iiiiiiiui Nonni'iiii iiiii iiiii 111111111 Hill ii i�!iiiii iii=i t 1 1 1 1 1 1 :1 •1 It I rC.!c Ing cwecwJAR RATIVEISUPPLEMENTAL �,,,,�,,,,[ eY��l[Y[MT• el M e[► AT CDT OATe Ow'OnIOINAl ywcjDm"TTIYe (rIM) nCK wureen 0"Ic.n Lm, wurecw. K CITE'/CCUnTV(JuoICIwl Ol5rWIC7 off—a"..6 OleTnlc T/m/AT CITATIOw wVresw ci - S 066 Vb LOCATION/su.JecT 3 F — OF i'�c'n IT W Ffj ap,L S I .. �, J OvT �• �— .. r F6 cTS 70 L S FOUA.,-) A i T — F CA/ T-iF h Z i =ct OF v �� 7'/2' PIQ AO , oaFC % CCs,e. J u. se. •wc►An ew'i MA Ye LO.NV -000 r0. OAT Tw. weVle wen's wAYs r0. oAT Tw. / /- S CHP 556(Rev 4-83)OPI 042 Use previous editions until depleted. MP e M.ew Or■ .N.Ow ON■ NARRATIVE/SUPPLEMENTAL ❑ MANN/TIVa ❑ tU►.LtWtNTAL ® COLLI/ION .t►o11T ❑ O t OAT. 0. ORIGINAL INCID.w7 Tlr• (uN) "CIC NYru.w O./IC.w ,.0. NyY..■ rG /fin Mo. / .AT Tw. O "�OO 3 J 37 T• CITT/CO60NTT/.4UOle.AI -DATING OLTNICT/a AT CITATION wNW1.11 LOCATION/.V.J■CT r 3 i E' PA I'V PP PT T T T ;SYS —7 C A15r— 4 CAk 61e,-- ' O E" SO = EOOT 7E y :. L7 i 6 r T FOS o A RuzlmeskP - 7— T k l-,I �'!.'T /E rP 41 AI /rok — 54. AT POS i T 0" 'c SLC' IMP15. WAS L n 1 ` /yam ) . uZ ter,; k1 27. R(A Z 8 ACs 1 S A1ZT )) AplvlwC. / Gg — ,. /1 )-' TA/E' - -r S - R Z p e $-) tookcn Ar - NI ..774f 7 AO T T 1 T D Ir A ,c1 .N..Aw.O'.NAW. 1.0.NUW... WO. OAT T.. INEVIEWSM'SNAWK YO. OAT •w. tp, 11 PARR f e 4 RRR craw • - NAflRATIV0SUPPLEMENTAL MARRATITe B [RTA C "lel R R . R7 7 OATR D. Owial"Ai IMCIDRMT Q Tlra (YM) "C/ICC NUrmaw OP.ICRm I.R. Mumma; Al-?T Mo. RA. -7 9-5- ���� Q-7Oo - 3Y2 CITY/COUNTY/lUOICIAI DISTRICT wavOwTl"m OI•Tw OCT/maAT CITATION MU1MM6? !:,vv,04n,,.. n 7., = bqPO LOCATION/.Um CT / n L nA�/C /r T ? 17 �/t f�(�C L E 7A,e7 7bj E �niT _C-Al WEA 7'11C f Ec r►�: All-R, 12 or: v 11 /00 -rc. T - Pt&--'OIVC POC o714 kAl, L AA1,0- RUZ5,kY ,. 0 z/3 1's k1 P1-047,2 ►� T �E- -r-Z s F T ✓E' n .. yKA/ c ,s. V C0 nA SSr1\1 EA 7 T i VIA 140 / = A T 5E'/2 IW6S i7- L hi C Fz-11 oN // -/ - 8 T 04730 ATS, 7)14 O" ' .. N T 7 F_1 , Tf-' 'V ii /,0 r� =f 17. T �/� T WINAT 13,a� S S 1 A T /j 7' iv 'i ... 7-46 T P z AP S A S s . ►Ra►AMaw'm RA rR -� I.R.MUrmaw MO. OAT Tw. waVla m/a■'m MAmm r0. OAT TO 7 �'�' 34` e /I- 7- r CHP 556 (Rev 4.83)OPI 042 Use previous editions until depleted. g C♦ •lil■ PASS DMDDD VAR RAT IYE/SUPPLEMENTAL ® NARRATIV8 LJ ►►LENNNTAL c LLfSI M Ra•ORT ❑ r" R:' DAT• O• Dal•Ia AL Ia CIDa NT T,.a (YN) MCIc NVY•aa O►PICaa 1.D. DV mass // 2 n0. / OA♦ ? TR. S O' O--) 0 3y9i 8 gI;— 34� CITT/COYa TT(JYOICIAL DIST'ICT a■►OATIa• DIaT•ICT,DaAT CITAT/Or MYY•ar LOCATIOM/.1/DJa CT or A f' N - or MC- N RA OPINIONS DO �/F / S a. T 3 T r / � l i L To o Ti 7, - -A ; c A/7 :75 -r l E^/7 0 FF TNF P $L / lJT T 1 - - C Al / TP c jc k, 71--L0AI - OL L-7 gS - F 3 yS 3 ,.. F i E" i t TN F 1. -.4) - N,ro l, G LO _c-, = 1PT ✓f- 7-1-IC - L E h10 A p(OIA17- FJ M PAc7' - ' Po I F7Z',P ,7 / •/c To SIF ,,. 2XZ-PNon1k- ' oLF 969 - -PFG -TV S- DA S,62) ON P 1-1yQCA h.► Pot-E TALE ON " PO4 E F A = u -- tyngrL4 of n6p Pck/C /-,' ,/ ' S OF T t ... n 7-N Bouk/p FO /N ' 0 F -1C T ►Ra►ARaR's RAra rO. DAT vw. wavlaa+aw's olAra MO. DAT we.e E" A 8 �� - 7- tet, CHP SW(Rev 4.831 OP(042 Use previous editions until depleted. PASS Cr■C\ Ow• Cra CR one NAR RATIVEISUPPLEMENTAL �3 wARaATIva O sm"LarawTAL CoL.Ll.low R :GRT r"MR: OAT• OF DapINAL Ir CIO.NT Tsr■ (1NN) rest NUN..■ OItIC.■ I.e. -VMS*" /z MO. OA• —/ ra. S .� C1 �I 3 9/ V S 9 S7- 7y.�2- CITU/COVrTT//VOI COAL DISTRICT aS.ONTIN. DISTa ICT/.aAT CITATION RVr..N LOCATION/6U Oda CT 3 _f)' ! P - n1I � c=Go r, A - FT VE AULi,i N/E PI• CF 7-A c A C e-1)17-k IcU G,4 r p COLA L COR PZ-C 7- T S TZ_W//V .. -7 WNICH 7-jn-)1-:' v - L (l) LEFT e. S !,� , 6, A 1,1 -` L-C\/A T /J k' . 85CIAWC ETC 13okAj E !; /C TY-4 CID f-b t, I n) 1) ) rel ') :T/O t\,, - I r I E n Fba 9,23YBc, cv 'T- C /I- /q- S ciTnTlolv , g- ,,-61-.19 t.. so PRa PARaR'.MArawuraaa ro. DAV_VR. alawals'.NAra YO. DAV Ta. 1"0* 3�9i8 7 8� Rr CHP 556(Rev 4$3)OPI 042 Use previous editions until depleted. CONTRA COSTA COUNTY-SHERIFF-CORONER ABANDONED, WPC)UND ,'AfQ;STO fl b VERSE FOR REPOR 7 USF LE1 VEHICLES 4NDPLAINc TES MBEZZLED RELEASED VEHICLE REPORT COIME BEAT DIVISION DATE iCNW CASE FILE R ir TYPE OF REPORT (CHECK ONE) IF A RECOVERED STOLEN 16 ICL E.HAS NEIGHBORHO OR AREA BEEN ❑ABANDONEDMPOUNOED STORED CHECKED FOR LEADS OR CLUES? C]ABATED 9RECOvERED []RELEASED ❑YES 0N SIEPARATESM RCLUES INREMARKSOR PERSON REPORTING OCCURRENCE [ADDRESS PHONE TIME AND DATE REPORTED R D r DESCRIPTION AND OMMERSHIP YEAR MAKE MODEL BODY TYPIC LICENSE ruutE+ly YEAR STATE COLOR ICOMSINAT,BNI i 3 • VEHICLE IDENTIFICAT,ON NUMBER VfN) DOES VIN CO MRA RE DOES VIM A-►EAR If V1r CLEAN IM LIC. NUMSERISI Clft INC NUMBER IEJf WITH RES. CARO' 11allyrs [R ED' SvS' CLooE CAN IN SV/• M ,t'Jl 40 7' TES.0AIO iNo 25,18 ORO EYES omm% � t IF STOLEN, NAME, DATE AND CA NU MS[R OF RE►ORT IR6 AGENCY WAt VEH R[TURNEO TO STORAGE AUTHORITY OWNER• (DYES [DUO 1 O LOCATION TOWED FROM JWHERE STORED TIME AND DATE TOWED • ♦ole, , 340 All Cr- IdAfgAnIfiAl J/6 ?-Sr NAME OF G Ra6E f ADDRESS ;I'". RE/ISTERED OWNER ADDRESS l ice cAAd QLEGAL OWNER ADDRESS CONDITION AND INVENTORY ODOMETER READIN6 ,DRIVEABLE' WRECKED' STRIPPEOV HAVE YOU ENTERED MISSING, IDENTI- `O / YES Ig �uwK«oww jrY[s �wo �rttNo FtABLE PARTS IN SVS? YES ONO 0:1ITEMS YESI NO ITEMS YESI NO ITEMS YESI NO ITEMS YES:NO ITEMS CONDITION SEAT( I - BUCKET x CLOCK ^ ENGINE TRANSMISSION TIRES WHEELS KAT (FRONT) IGNITION KEY CARBURETOR(S) AUTOMATIO I LEFT FRONT BEAT (REAR) REGISTRATION ALTERNATOR S SPEED I ) III PONT FRONT /40 RADIO OR. LIGHTSIR i) SENERATOR No A SPEED 1 LEFT REAR I# I TAI[ DECK S. MIRlIORIf)162) x BATTERY NUB DAPS IN I It PONT NEAR 049 TAPES IS ! SKILL AIR CONDITIONER MAS WHEELS , SPARE LIST PROPERTY, TOOLS, AND DESCRIBE VEHICLE DAMAGE IN REMARKS SPACE. } REMARKS IIF ARREST MADE, INDICATE FULL NAMES, CHARGES.AND WHERE DETAINED)1IlSt ADDITIONAL!LARK SNECTS, IF REQUIRED) 1 1 OFFICER ORDERING VEHICLE STDREDrt'/irREVIEWED BY: S�A}NAG AL OR AGENT STORING VEH If IGNATUREI TnI ME AND DATE /FOR OFFICE USE ONLY) APPRAISAL,REL S POSITION RECOVERY TELETYPE(DATE AND REQUIRED NOTICES SENT TO i TOSTORAGE AUTHORITY CONCERED DATE NUMBER) REGISTERED i LEGAL OWNERS i ill YIES❑NO GARAGE(SEC•22• IF NO IS CHECKED, INDICATE REASON IWAAAPROGRAM RELEASE VEHICCE TO APPRAISED TIMEtAA SIGNATURE OF PERSON AUTHORIZING RELEASE VALUE OF APP r APPRAISING OFFICERRS SIGNATURE Kp. B SEC.22704 VC - ADDRESS ROUTE TO CRIME of CORONER OTHER CERTIFICATION: 1 THE L- PERSIGAED.DO HEREBY CERTIFY THAT PERSONS 1 AM LEGALLY AtJW0RIZED AND EATITLED TO TAKE POSSESIOX OF ABOVE DESCRIBED VEHICLE ( CRIME vs SPEC.SVCS PATROL SIGNATURE OF PERSON TAKING POSSESION. i PROPERTY *F-109 REV.2/79 .._. __ PAGE 1 OF CONTRA,COSTA COUNTY-SHERIFF-CUnONER ABANDONED, IMPOUNI..-D, RECOVERED,MRED OR - STn CN ERSE VEHICLESAvDPLAJTES MBEZZLED RELEASED VEHICLE REPORT CgFimEJBEAT DIVISION DATE FCNS+ CASE FILE • 7-QS' y - / TYPE OF REPORT(CHECK ONE) IF A RECOVERED STOLEN VEHICLE.HAS NEIGHBORHO OR AREA BEEN ❑ABANDONEDIMPOUNDED STORED CHECKED FOR LEADS OR CLUES' E3 ABATED {]RECOVERED ❑RELEASEO ❑YES [3 NO SE;LEADS SHEEOR T]UES tN REMARKS OR PERSON REPORTING OCCURRENCE ADDRESS PHONE TIME AND DATE REPORTED r DESCRIPTION AND OWNERSHIP YEAR YAK( MODEL BODY TYPE LICENSE NUMSERISI YEAR STATE COLOR (COIISMITIONI R 2 3 . VEHICLE IDENTIFICATION NUMBER VIM) DOES vt% COMPARE 1 DOES YIN APPEAR IS YIN CLEAR IM LIC. Of,"{EPIf) I ENGINE MUMSEN t1ir WITH REG. CARO' 'ALTERED' !vf' CLEAR IN SVS' M/ v/ YES-,Q.O E YS �NO 211ES C]MO &-IS CIND ws IF STOLEN, NAME, DATE AND CA NUMBER OF REPORTING AGENCY WAS VC"RETURNED TO STORAGE AUTHORITY OWNER' aY ES [3 I'D V LOCATION TOWED FROM OILQ WHERE STORED TIME AND DATE TOWED • gwwj 3 9 A J'Td 10- NAME OF G RAGE ADDRESS �fj PHONE `^ e • _KAuxAmAo• + 96 32 REGISTERED OWNER ADDRESS PHONE O • LEGAL OWNER ADDRESS ' PHONE 3 � i t • CONDITION AND INVENTORY ODOMETER READING ,ORIVEASLE' WNECKED' STRIPPED' HAVE YOU ENTERED MISSING, IDENTI- OYES ®MD (DuNKNDWN jel 3 C]N0 []YES ;!5No FIABLE PARTS IN SVS? oy" ❑NO 60/ ITEMS TES NO ITEMS YES NO I ITEMS YES NO ITEMS YES; NO ITEMS CONDITION SEAT($) -BUCKET 'C CLOCK x I ENGINE TRANSMISSION 34 TIRES'WHEELS KAT (FRONT) IGNITION KEY I CAR BURETOR(S) AUTOMATIC, I LEFT FRONT SEAT (REAR) REGISTRATION i ALTERNATOR S SPEED ( 1 RIGHT ►RONT RADIO .4. OR, LIGHTS(• i) GENERATOR W*� A SPEED I LEFT REAR /I I TAPE DECK S. MIRROR(S)(0) x BATTERY MUS GAP$ IN ) RIGHT REAP TAPES IR 1 GRILLIx AIN CONDITIONER x I MAG WHEELS SPARE .�T LIST PROPERTY, TOOLS, AND DESCRIBE VEHICLE DAMAGE IN REMARKS SPACE. REMARKS (IF ARREST MADE, INDICATE FULL NAMES,CHARGES, AND WHERE DETAIMEDI(USE ADDITIONAL BLANK SHEETS, IF REOUIRED) 7 I. fffL OFFICER ORDERING VEHICLE STONED �(i'! REVIEWED 8T: GAR•G •l OR AGENT STORING WE" (SIGN•7UREI I TIME AND DATE (FOR OFFICE USE OA'LY) APPRAISAL,RE LE S POSITION RECOVERY TELETYPE(DATE AND REGISTERED NOTICES LGAL OWNERS 6 TO ORAGE AUTHORITY CONCEREO PATE NUMBER) 1[3YESONO GARAGE(SEC.221S 2 IF NO IS CHECKED, INDICATE REASON QAVA PROGRAM RELEASE VEHICLE APPRAISED I TIME AND DATE SIGNATURE OF PERSON AUTHORIZING RELEASE VALUE OF APPRAISAL APPRAISING OFFICERIS SIGNATURE 1.0.NUMBER ADDRESS SEC.22704 VC ROUTE TO CRIME vs CORONER OTHER CERTIFICATION: 1. THE UNDERSIGNED, DO HEREBY CERTIFY TH.4T PERSONS I All LEGALLY AUTHORIZED AND ENTITLED TO TAKE POSSESIOx OF ABOVE DESCRIBED VEHICLE. CRIME vs SPEC.SVCS PATROL SIGNATURE OF PERSON TAKING POSSESION. PROPERTY PF-09 REV.2/79 _ - .A PAGE t OF BOARD OF BOPS nSORB OF CMA Coo M, NDARD ACT= Maim Against the County, or District ) WnCE 10 CE AMW May 20, 1986 governed by the Board of Supervisors, ) The coP9 CC this doMMOnt W118d to yvu is yaa Routing D-4orsements, and Board ) notice of the action taken on yota claim by the Action. All Section references ane ) Board of Supervisors (Paragraph I9, below), to California Goverment Codes ) given pursuant to Goverrment Code .Secti�n 913 and 915.4. Please note all WarninW. Claimant: Dorothy A. Graham as the Executor of the estate of James M. Graham Attorr:ey: Stephen C . Kenney Fisher & Hurst Address: Four Embarcadero Center San Francisco, CA 94111 deli to clerk on Amounts See paragraph '10 By very Date Received: April 28 , 19 8 6 ► mail, postmarked on April 24, 1986 ert. �, P 017 967 521 1. : Clerk o. the Board of Supervisors 70: County Maiial Attached is a copy of the above-noted claim. Dated: April 29 , 1986 PHIL BATOMM, Clerk, By Deputy ca II. : County Counsel TO: Clerk of the of 3upery sots (Check only one) (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) 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 too' present a late claim (Section 911.3). ( ) Other: Dated: ., By: Deputy County Counsel III. FROm: Merk of the Board 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as-untimely with notice to claimant (Section 911.3). IV. BDARD OF= By unanimous vote of Supervisors present (Y) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order en in Its minutes for this date. Dated: MAY PHIL BATCHELOR, Clerk, By , Deputy Clerk WARN M (Gov. Code Section 91 Subject to certain ezoeptions, you have only six (6) months from the date of tide MUM was personally served or deposited in the mail to file a court action an this claim. See Government Code Section 945.6. You may seek the advice of an attornsy of your ehoioe in oorrAction with this matter. If you want to consult an attorney, you should do so immediately. V. PROM: Clerk of the Hoard 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action an this claim by mailing a oopy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Maim in accordance with Section 29703. ( ) A warning of claimants right to apply for leave to present a late claim was mailed to t. (� DATM2 2 l R6 NIL SAMMM. Clerk. By O^'1'1n�� p . DetiutV Clerk STEPHEN C. KENNEY, ESQ. SCOTT D. RAPHAEL, ESQ. LAW OFFICES OF FISHER 6 HURST RECEIVED FOUR EMBARCADERO CENTER SAN FRANCISCO, CALIFORNIA 94111 APR �L-q 1985 2 TELEPHONE (415) 956-8000 p►(IL ATCMELOA 3 CLERK$OA i SUPERW RS OSTA CD M 4 �✓O, �/� 5 ATTORNEYS FOR Claimant, DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 6 JAMES M. GRAHAM. 7 8 BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 9 STATE OF CALIFORNIA 10 11 11 IN THE MATTER OF THE CLAIM OF ) THE ESTATE OF JAMES M. GRAHAM, ) 12 ) CLAIM FOR INDEMNITY Claimant, ) 13 ) V. ) 14 ) COUNTY OF CONTRA COSTA, ) 15 ) Respondent. ) 16 ) 17 TO THE HONORABLE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA: 18 DOROTHY A. GRAHAM, as the Executor of the ESTATE OF 19 JAMES M. GRAHAM, Deceased, hereby presents this claim to the 20 COUNTY OF CONTRA COSTA pursuant to California Government Code 21 Section 910 .4 . 22 1. The name and post office address of the claimant is as follows: 23 DOROTHY A. GRAHAM, as the Executor of the 24 ESTATE OF JAMES M. GRAHAM c/o FISHER & HURST 25 Attn: Stephen C. Kenney, Esq. Scott D. Raphael, Esq. 26 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 -1- w p i • e 1 2. The post office address to which claimant desires notice of this claim to be sent is as follows : 2 Stephen C. Kenney, Esq. 3 Scott D. Raphael, Esq. FISHER & HURST 4 Four Embarcadero Center, 25th Floor San Francisco, California 94111-4132 5 3 . On December 23, 1985, in the City of Concord, County 6 of Contra Costa, California, James M. Graham, John Frederick Lewis and Brian Ward Oliver, were occupants of a Beechcraft 7 Baron BA55A Aircraft, FAA Reg. No. N1494G, when said aircraft crashed while attempting a landing at the Concord Buchanan 8 Field Airport. All three occupants of said aircraft were killed in the crash. Jonathan L. Crouch was injured in the 9 crash, which occurred at the Sun Valley Mall, located in the City of Concord, County of Contra Costa, California. 10 4 . The County of Contra Costa is responsible for the 11 design, construction, maintenance, operation, and certification of the Concord Buchanan Airport, and control of 12 its use. The County of Contra Costa is further responsible for the certification, permission, approval, and the provision 13 of zoning and ordinances permitting the construction of the Sun Valley Mall, attracting a great number of persons, in 14 close proximity to the Buchanan Field Airport, and below and directly within a heavily traveled air corridor in the 15 vicinity of the airport. 16 5. On January 7, 1986, a complaint for personal injury damages was filed in the Superior Court of the State of 17 California, In and For the County of Contra Costa, by Jonathan L. Crouch. (A true and correct copy of said complaint, Action 18 No . 281087, is attached hereto as Exhibit "A" , and incorpo- rated herein by reference) . The complaint alleges, inter 19 alia, that on December 23, 1985, decedent James M. Graham and others negligently operated and controlled the subject 20 aircraft, causing it to crash while attempting a landing at the Concord Buchanan Airport . Said complaint was served upon 21 claimant, Estate of Graham, on or about February 24, 1986. 22 6. If, in fact, plaintiff Jonathan L. Crouch, sustained damages as alleged in his complaint in Action No. 281087, said 23 damages were caused by the primary and active negligence or 24 other fault of the County of Contra Costa. Claimant, therefore, alleges that it is entitled as a matter of law to indemnity from the County of Contra Costa for any judgment or 25 settlement in favor of plaintiff Jonathan L. Crouch, together 26 with claimant's attorneys ' fees and costs. -2- 1 7. Further, if claimant is liable to plaintiff Jonathan L. Crouch, it will be because of the comparative negligence or 2 other fault of the County of Contra Costa. Accordingly, claimant alleges that the County of Contra Costa is required 3 by law to contribute to the amount of any judgment or settlement in favor of plaintiff Jonathan L. Crouch, iii 4 accordance with the comparative degree and nature of its fault in causing said plaintiff ' s damages, if any, and is required 5 to reimburse and indemnify and hold claimant harmless for the amount of any such judgment or settlement which is in excess 6 of claimant ' s proportional share thereof, if any, as determined by the comparative degree and nature of the 7 respective fault in causing plaintiff 's damages, if any. 8 8. As of the date of the filing of this claim, the extent of the damages and injuries incurred by plaintiff in 9 the above-mentioned action is unknown to claimant, and will be determined in the aforementioned, pending litigation. 10 9 . At the present time, the identity of the employee or 11 employees of the County of Contra Costa who caused the creation and continued existence of the aforementioned 12 dangerous conditions, is unknown to claimant. 13 10 . At the time of the presentation of this claim, claimant seeks the total amount of potential recovery by 14 plaintiff in Contra Costa County Superior Court Action No. 281087, (the total amount of which is presently unknown to 15 claimant) and recognition of the duty of the County of Contra Costa to provide a defense to and indemnify claimant for any 16 and all damages, costs, and attorney' s fees it may suffer as a result of the complaint brought by plaintiff Jonathan L. 17 Crouch, against claimant, in Superior Court Action No. 281087, filed in the Contra Costa County Superior Court. 18 DATED: April 23, 1986. 19 FISHER & HURST 20 r Q - - BY �"--•Ll ` ��� f 21STEPHEN C. KENNEY, Attorneys for Claimant, DOROTHY A. 22 GRAHAM, as the Executor of the ESTATE OF JAMES M. GRAHAM, 23 Deceased. 24 25 26 -3- f� A BOARD CF SUMV00RS, OF 03M COSTA COMM, CALnrot�IA BOARD ACZT01ii Claim Against the Can1p'P County, or bistriet ) NMCE 70 CEJLTK May 20-, 1986 governed by the Hoard of Supervisors, ) The copy s t mailed to you is your Routing Endorsements, and Board ) notioe of the aotion taken an your claim by the Action. All Section references are ) Hoard of Supervisors (Paragraph IY, below), to California Government Codes ) given pu-suant to Government Code Seetian 943 and 915.4. Please note all *WarninW. Claimants Leigh and Nancy Forsberg, COi!�i�J GOf3^SSI Attorney: Maria Giardina rlorgan, Miller & Blair APR 2 5 1986 Address: 1 1:aiser Plaza, Ste. 130-5 Oakland, CA 94612C�18Pt��eZ, CA 34553 Amount: $275, 000. 00 BY d'= `- VW'Y to clerk on Date Received: April 24, 1986 By mail, postmarked an April 23, 198 6 Cert.# P 724 845 034_ I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a oopy of the above-noted claim. Dated: April 25 , 1986 PHIL BATQ;IIAR, Clerk, By Deputy - uatny _ nwes II. FROM: County Counsel 10: Clerk of the Board of Supervisors (Check only one) ( This claim complies su tantiplly th Sections 0 and 91 2 % G� i 7" �aCp ( ) This claim FAILS to comply substantially with tions 910 and 910.2, and we are so notifying claimant. The I�Pard ,tfor 15 days (Section91 .6). e�i ClLlc�Cetl� - �k � f `, QX) Claim is not timely filets C16k should return aim on grodnd 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: Dates: By: L,c.0 Deputy County Counsel III. FROM: Clerk of the Board 70: (1) &nty Counsel, (2) County Administrator por-{ian ( Y) Claim was returned askuntimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( ) This claim is rejected in full. ( x) Other: Portion of elaim not previously returned as untimely filed is refected in full . I certify that this is a true and correct oopy of the Board's Order entered in its mink" for this date. Dated: 1986 PHIL BATCM01R, Clerk, By , Deputy Clerk WARNM (Gov. Code Section 943) Subject to certain exmeptions, 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 on attorney of your ehoioe in oonnection with this Matter. If you want to consult an attorney, you should do so immediately. V. nM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed On the Board's Copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to clAdnant. DATEN MAY Tr 9, 9- 1986 PHIL %Ta=R, Clerk, By Deputy Clerk XI, +F,rl� TO: BOARD OF SUPERVISORS OF CONTRA CO§T_-.6rrF0V'applir_ation to: Ir str uctior_i; tci,ClaimantClerk of the Board P, e S".J f�io 6 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o this form. RE: Claim by )Reserved for Clerk's filing stamps Leigh Forsberg, M.D. and Nancy Forsberg ) ) RECEIVED Against the COUNTY OF CONTRA COSTA) APR -lg1a8,b or DISTRICT) PHIL IIATCMELOR (Fill1n name ) CLERK f*0"M OF SUPER ISORS 6�,I(�QNTR STA CO `'"1^' Putt The undersigned claimant hereby makes claim against the Cou ty o on a Cosa or the above-named District in the sum of $ $275,000 and in support of this claim represents as follows: ------------------------------------------- ---------------------------- d 1. When did the amage or injury occur? (Give exact date and hour) Date of damage unknown. Claimants became aware of damage subsequent to a landslide in March of 1983. 2. Rnere aid the damage orur in ury occ ? (Include city and county) On and about 24 Charles Hills Circe, Orinda, California --------------------------------------- - ---- -------------- 3: How did the damage or injury occur? (Give full details, use extra sheets if required) Water channeled or diverted through culverts and/or other public improvements onto and across the 24 Charles Hills Circle property caused erosion, earth movement and instability. The diversion of water has progressed up to and through the present date causing continuing damage. -- -- ---------------------------------------- --------------- -- 4. what----p--articular act or omission on the part of county or-district officers , servants or employees caused the injury or damage? Negligent design, construction, maintenance, inspection and approval of public streets, storm drainage facilities and other public improvements. Negligent diversion of surface water onto and across the 24 Charles Hills Circle property. Maintenance of a continuing nuisance adversely affecting the use and enjoyment of the 24 Charles Hills Circle property. Continuing trespass. (over) 5. What are the names of c?unty or distr-.tct officers, servants or— employees causing the damage or injury? Unknown at this time. -----------------------------------------------------------f-------------- 6. What damage or injuries do you claim resulted? (Give ull extent of injuries or damages claimed. Attach two estimates for auto damage) The full extent of damage is not yet known, but includes earth movement and instabilities on the property at 24 Charles Hills Circle, structural damage to improvements, including house, patio. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) $275,000. Stabilization of land and correction of water drainage restoration and repair of structures and improvements, stigma loss and loss of use. Prospective damage is unknown at this time. $675 special damages to date. B. IJames and addresses of witnesses, ---nd hospitals:------------- 1) Leigh Forsberg, M.D. and Nancy Forsberg 2) All residents of Charles Hills Circle ' ------------------------------------------------------------------------- 9�._._�.�s•t,.,.the..exge,nd}tures you made on account of this accident or in DATE ITEM AMOUNT No permanent repairs have been designed or°constructed to date. { 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 ou�S Maria J. Giardina, Esq. _ l a ' s Signature MORGAN, MILLER & BLAIR PROFESSIONAL CORPORATION Maria for Claimants 1 Kaiser Plaza, Suite 1305 Address Oakland, California 94612 Leigh Forsberg, M.D. & Nancy Forsberg 24 Charles Hills Circle, Orinda, CA Telephone No. 415(465-3600 Telephone No. 415/570-0337 Dr. Forsberg 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, towri, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account,-. voucher, or writing, is guilty of a felony. " I PROOF OF SERVICE BY MAIL 2 I declare that: 3 I am a citizen of the United States, employed in the 4 County of Alameda, California, over the age of eighteen years, and 5 not a party to the within cause. My business address is One Kaiser 6 Plaza, Ordway Building, Suite 1305, Oakland, California 94612. On 7 _April 23 , 1986 I served the within Claim Form 8 9 on the below-named in said cause, by placing a true copy thereof 10 enclosed in a sealed envelope with postage thereon fully prepaid, in 11 the United States mail at Oakland, California, addressed as follows: 12 Clerk of the Board of Supervisors County of Contra Costa 13 651 Pine Street Martinez, CA 94553 14 Attn: Victor J. Westman, Esq. 15 County Counsel 16 17 18 19 20 21 22 I certify and declare under penalty of perjury that the 23 foregoing is true and correct and that this declaration was executed 24 April 23. 1986 , at Oakland, California. 25 26 DEBRA KAY HA S MORGAN MILLER& BLAIR FRottssgwnL CORPORAr4N ATTORNEYS AT LAW ORDWAY BUILDING. SUITE 1305 ONE KAISER PLAZA OAKLAND,CA 94612 (415)4653600 TO: THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RE: Claim by LEIGH FORSBERG, M.D. , and NANCY FORSBERG Against the COUNTY OF CONTRA COSTA. The undersigned claimants hereby make claim against the County of Contra Costa and the above-named Districts for indemnity and apportionment in sums unknown at this time and in support of this claim represent as follows: 1 . Nature of Claim. This claim for indemnity and apportionment arises out of the First Amended Cross-Complaint served upon LEIGH FORSBERG, M.D. and NANCY FORSBERG on March 24 , 1986 by PAMELA C. FLETCHER and MICHAEL A. FLETCHER. Said First Amended Cross-Complaint is filed in the Superior Court of California, County of Contra Costa, Action No. 256866. The First Amended Cross-Complaint alleges that the Fletcher property located at 29 Charles Hills Circle, Orinda, Contra Costa County, State of California, was damaged as a result of a major landslide which occurred on or about March 2, 1983. Cross-complainants allege that the landslide and ensuing damage was proximately caused by the negligent maintenance of the Forsberg property located at 24 Charles Hills Road, Orinda, Contra Costa County, California. In particular, cross-complainants allege that water drainage flowing across the Forsberg property proximately caused or contributed to the landslide in question. Further, cross-complainants allege that the Forsbergs have negligently failed to take steps to remedy or repair the land- slide or conditions contributing to the cause of the landslide in order to protect cross-complainants ' property from further damage. In addition, cross-complainants make a claim for indemnity and apportionment against the Forsbergs for any liability adjudged against cross-complainants and arising out of the complaint filed by plaintiffs LEW H. LEE and PHYLLIS LEE in the instant action. i f 2. Nature and Extent of Damage. Cross-complainants claim damage to their real property and personal property, including loss of use thereof, dimunition in fair market value of their real property, deprivation of use and enjoyment of their real property, engineering and professional , fees incurred, and mental and emotional distress damages all in excess of $15, 000 and in an amount to be proved at trial. LEIGH FORSBERG, M.D. and NANCY FORSBERG seek indemnity and/or apportionment of fault from the County of Contra in event that any settlement is entered or judgment is awarded to cross-complainants PAMELA C. FLETCHER and MICHAEL A. FLETCHER and arising out of the First Amended Cross-Complaint. The amount of indemnity and/or apportionment sought is unknown at this time. 3 . Acts or Omissions on the Part of the County, District, Officers, Servants or Employees Giving Rise to the Instant Claim for Indemnity and Apportionment. The storm drainage facilities and public streets surrounding cross-complainants ' property, and the property of LEIGH FORSBERG, M.D. and NANCY FORSBERG, were designed, constructed, maintained, and within the dominion and control of the County of Contra Costa at all relevant times. The land movement which occurred on or about March 2, 1983 , was proximately caused by the failure of the County of Contra Costa, its agents and employees, to properly design, maintain, construct, or service said streets and storm drainage facilities. In addition, the County of Contra Costa continues to fail to properly maintain and service said streets and storm drainage facilities and has failed to take necessary steps to prevent further landslide and property damage. The namesofthe public employees responsible for said design, construction and maintenance are presently unknown, but are within the knowledge of the County of Contra Costa. Govt. Code Sec. 910. 2 provides: "The claim signed by the claimant or by some person on his behalf. " SEND NOTICES TO: MARIA J. GIARDINA MORGAN, MILLER & BLAIR One Kaiser Plaza, Suite 1305 MAR A J. ARDINA for Claimants Oakland, California 94612 LE GH FO ERG, M.D. and NANCY Telephone: (415) 465-3600 FO SBERG 24 Charles Hills Circle Orinda, California 94563 Telephone: (415) 540-0337 (Dr. Forsberg) 2. 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. " ti 3 . • 1 PROOF OF SERVICE BY MAIL 2 I declare that: 3 I am a citizen of the United States, employed in the 4 County of Alameda, California, over the age of eighteen years, ' and 5 not a party to the within cause. My business address is One Kaiser 6 Plaza, Ordway Building, Suite 1305, Oakland, California 94612. On 7 April 23 , 1986 I served the within Claim Form 8 9 on the below-named in said cause, by placing a true copy thereof 10 enclosed in a sealed envelope with postage thereon fully prepaid, in 11 the United States mail at Oakland, California, addressed as follows: ; i i 12 Clerk of the Board of Supervisors County of Contra Costa 13 651 Pine Street Martinez, CA 94553 14 Attn: Victor J. Westman, Esq. 15 County Counsel 16 17 18 19 20 21 22 I certify and declare under penalty of perjury that the 23 foregoing is true and correct and that this declaration was executed 24 April 23, 1986 at Oakland, California. 25 26 A*ml � DEBRA KAY N MORGAN MILLER &BLAIR M0FL55XMX COAPORAPO+ ATTORNEYS AT LAW ORDWAY BUILDING, SUITE 1305 ONE KAISER PLAZA OAKLAND,CA 94612 (415)4653600 BOARD of SUPERVISORS of 03M COSTA CocnfPi, CALIFORIiIA BOARD eCriox Claim Against the County, or District ) YMCE TO CLAD"lA1fT May 2 0 , 19 8 6 governed by the Board of Supervisors, ) The Copy Of this t led to you is your Routing Endorsements, and Board ) notice of the action taken on low alai® by the Action. All Section references are ) Hoard of Supervisors (Paragraph I99 below), to California Government Codes ) given pursuant to Ooverrxnent Code Section 913 and 915.4. Please note all lWarning T Claimant: Albert Dunbar Attorney: APR 2 5 1986 Address: 1015 Loyola Way Transmittal Martinez, CA 945531 Vallejo, CA 94590 By delivery to clerk on April 24, 1986 Amounts $25 . 00 Date Received: Ap r i 1 24, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. April 25 1936 • Dated: PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel TO: Clerk of the ERR R Supervisors (Check only one) (/V\) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 940 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: C C / Deputy County Counsel III. FROM: Merk 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 (X) This claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Boardia Order entered in its minutes for this date. Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 913) Subject to certain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your ehoioe in connection with this matter. If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 10: (1) County Cota:sel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardia 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 turas mailed simant. DATED: 2 2, 1986 PUL BATCHELOR, Clerk, By , Deputy Clerk --SIM TO: BOARD OF SUPERVISORS OF CONTRA C0R*�Xappiication to: ; Instructions to ClaimantVerk of the Board 1, .0.Box911 Martinez.Califomla94553 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. 911.20 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 Distript 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 lei stamps ' RECEIVED . • ) Against the COUNTY OF CONTRA COSTA) APR �� 1986 or CO N`1"14• COS fK CD- DISTRICT) PO sATc" t 'CLRKERK OARO OF STA C (Fill1n name �\1TM TAC . The undersigned claimant hereby makes claim against a County of Contra Costa or the above-named District in the sum of $ •D O and in support of this claim represents as follows: �. When did the damage or injury occur? (Give exact date and-MUT---- ------------ --Tand hu ] -S------------ --------1. -Rf-r-- �i•-d-t- e--d-a-m-a�-ge--o-r in3ury occur. Include cUy-a-nd---co-u-n-ty-)- ---- C©/(I Te j4 Go 5 1-64 Co --------------- ------- /-------- --- 3. How did the damage or injury occur? Give dull-�etaiis, use extra sheets if required) �FZ�tM Wl`f 0 A P E P T Y 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? to 15 PLACE b �A_14> 1 I-Elm (over) v 50'" What are the names of county or district officers, servants or employees causing- the damage or injury? P2opE ry 6. What damage or �nluries do you claim resulted? ZG�ve dull extent of injuries of damages claimed. - Attach two estimates for auto damage) Al 0 - --------------------------------------------------------------------- -- 7. How was the amount claimed above computed? (Include the estimate amount of any prospective injury or damage.) ------------------------------------------------------------------------- 6. Names and addresses of witnesses, doctors and hospitals. j�J11 n __ y...,.........M......,°- -------------------------T-----T--------T-•4---- '11•' �. L st the expenditure you made on account of this accident or injury: Ate$' PITEM AMOUNT . ' . r, V CIA, D Pb�� i . 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 - Rl �' �(����I Cla ant Signature add14 res cP4-,5 90 Telephone No. Telephone No. C70-7) •8�48 NOTICE t r 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." V. FROM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's oopy 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: MAY 2, 9. 1gA6 PHIL BAMMOR, Clerk, By , Deputy Clerk ce: County Administrator (2) County Counsel (1) 5..� What are the names of county or district off i-+cers,-::..ser--vantsc r,. 1� employees causing the damage or injury? ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent ofinj ries or damages claimed. Attach two estimates for auto ri ---h�--- =={-� -yam -- -- � - -- 7.- How was the amount claimed above com uted. Include the estimated amount of any prospective injury or damage. ) � _ _ _ __ _____________ 8. Names and addresses of witnesses, doctors and hospitals. ei SobYO . ------------------------------------------------------------- ---- ------ 9. List Lha expenditures you made on account of this accident or injury: - —,DATh """'"'"_._..i ITEM AMOUNT =low qO (90 Cq//7-7 9 1 r,.e ..��.w.......-.....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 C ai S ure '`l`7 J q0 Telephone No. Telephone No. �""a- NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for paymeiit. 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. " County Counsel 11 MAY 0 2 1986 0" Martinez, CA 94553 EDAM OF SUMVISM or COW OOSTA tori, CALII D-OU Ex-officio as the governing; board of the Contra Costa -Water ACM Conservation District May 20 1986 - Main Against the County, or District ) VICE 10 CLAMWT Y governed by the Board of Supervisors, ) The copy s tmanad to you le yaw Routing Hmdorsaments, and Board ) notice of the action taken on yow alai® by the Action. All Section references aro ) Board of supervisors (Paragr%ph IV# beloOlp to California Government Codes ) given pziw=t to Government Code Seco®x813 and 915.4. Please note all *Warn!APP. Claimant: Donald Black Att,-4vey: R. Lewis Van Blois Van Blois & Knowles Address: One Kaiser Plaza, Ste. 2245 Oakland, CA 94612 Amount: $757, 000 . 00 By delivery to Clerk an Date Reoei ved: May 1, 1986 By mail, postmarked on April 25 , 1986 Cert. , P 082 011 7 : Clerk o the Board of Supervisors 70: County Comwel Attached is a copy of the above-noted claim. Dated: May 1 , 1986PHIL PHIL BATCH�.O�R, Clerk, By <{`A_.-' t-�- - .,4�.. -��s Deputy =rly Knowies If. : County Counsel TO: Clerk o Supero sora (Check only one) ( ) This claim oomplies substantially with Sections 910 and 910.2. - ( ) This claim FAILS to comply substantially with Sections 910 and 940.2, and we are so notifying claimant. The Board cannot act for 15 days (section 940.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send warning of elaimant1a right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: .�� Deputy County CouLsel III. FRm: .Clerk of the Board TO: (1) Cc ty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (section 941.3). IV. BOARD GRDER 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'a Order entered in Its minutes for this date. o Dated: PHIL BATCHELOR, Clerk, By A&I Deputy Clerk WARNIM (Gov. Code Section 943) Subject to oeir ain ezoeptims, you have only six (6) months from the date of this Dotioe las personally served or deposited in the tail to file a count action an this claim. See Government Code Section 945.6. You my seek the advice of an attorney of your ahoioe in connection with this matter. If you want to consult an attorney, 7ou should do so immediately. V. nM: Clerk of the Aoard 70: (1) County Cmmel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by sailing a oopy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in a000rdanoe with Section 29703• ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED=� MAY 29 _PHIL BATCHELOR, Clerk, By Lion 4�'�� . Deputy Clerk 1 VAN BLOIS & KNOWLES One Kaiser Plaza, Suite 2245 2 Oakland, CA 94612 444-1906 3 RECEIVED for Claimant 4 5 MAY 1986 6 PHIL BATCHELOR CLERKTAN0 PERy1 g TRA C TAC&. 8 In the Matter of the Claim of 9 DONALD BLACK C L A I M 10 against 11 CONTRA COSTA COUNTY FLOOD AND WATER CONSERVATION DISTRICT 12 13 TO: CONTRA COSTA COUNTY FLOOD AND WATER CONSERVATION DISTRICT: 14 15 Donald Black hereby makes a claim against the above-named ` 16 public entity for the sum of Seven Hundred Fifty-Seven Thousand Dollars ($757 , 000 . 00 ) , and makes the following statements in 17 18 support of the claim: A. NAME AND POST OFFICE ADDRESS OF CLAIMANT: 19 Donald Black 20 3798 Mosswood Drive 21 Lafayette, CA 94549 B. POST OFFICE ADDRESS TO WHICH NOTICES CONCERNING THE 22 CLAIM ARE TO BE BENT-* 23 Van Blois_ & ;Knowles dne Kaiser ;P2aza;:tuite 2245 ' 24 Oakland, CA ; 94612 _. 25 C. DATE , ` T'IME AND PLACE' QF .THE OCCURRENCE- OR TRANSACTION 26 GIVING RISE TO �Tr IS 'CLAIM: .. .,: . 27 28 .: ,; .. .:. . . . ..u. 1 The events giving rise to this claim occurred on or about 2 January 23,1986, on the public street known as Olympic Boulevard, 3 west of its intersection with Paulsen Lane, in the vicinity of a 4 bridge owned, controlled, and/or maintained by the Contra Costa 5 County Flood and Water Conservation District crossing Los Trampas 6 Creek, in the City of Walnut Creek, County of Contra Costa, State 7 of California. 8 D. CIRCUMSTANCES GIVING RISE TO THE CLAIM: 9 On or about January 23 , 1986 , and for some time prior 10 thereto , 'the above-named public entity, by and through its 11 agents , servants , employees , and independent contractors , so 12 negligently and carelessly designed , constructed , owned , 13 operated, controlled , maintained , repaired , and equipped the 14 aforementioned roadway and the aforementioned bridge, such that 15 the same were caused and allowed to be, and were, in a dangerous 16 and defective condition, in that, among other things: there were 17 insufficient and inadequate signs and devices to warn westbound 18 motorists of a substantial drop along the north edge of said 19 roadway into a muddy , sloping area , and inadequate signs or 20 devices to warn said motorists of the presence of the bridge and 21 steel guardrail along said roadway, and of the presence of a 22 metal bar gate alongside the bridge ; that a combination of 23 factors, including but not limited to the curve of said roadway, 24 the existing speed limit, the drop along the north edge of the 25 roadway, the lack of an adequate shoulder , the inadequacy of 26 lighting, and the discontinuance or poor visibility of the right 27 2 28 1 fog stripe , 'were inadequate and improper conditions which 2 constituted a concealed trap for motorists moving to the right of 3 the fog stripe, which condition greatly increased the tendency of 4 vehicles to move off the traveled portion of the roadway, and 5 greatly increased the difficulty of regaining the traveled 6 portion of the roadway with safety and control , and greatly 7 increased the likelihood of such westbound motorists striking the 8 guardrail and/or the bar gate . Further , said public entity 9 failed to have adequate and sufficient delineation of the roadway 10 edge and failed to have adequate and sufficient delineation, 11 marking , and/or lighting of the area sufficient to warn west 12 bound motorists of the presence of the steel guardrail and the 13 metal bar gate; further , said public entity failed to have 14 adequate and sufficient signs and warnings to safely control and 15 curtail the speed of west bound motorists. Further, said public 16 entity knew or should have known about the condition of said 17 steel guardrail and said bridge in that part or parts of said 18 guardrail or bridge had been broken or were in disrepair and were 19 not attached thereby permitting them to pierce through claimant ' s 20 vehicle, thereby impaling him and substantially increasing the 21 severity of his injuries. Other conditions as yet unknown may 22 have contributed to the dangerous and defective condition of said 23 public property and claimant will pray leave to assert same as 24 they become known . By reason of the foregoing , said public 25 property was in a dangerous and defective condition, creating a 26 substantial of harm to persons using same with due care, in a 27 3 28 1 manner in wh,ich it was reasonably foreseeable said public 2 property would be used; said public entity was further negligent 3 and careless in that , by' and through its agents , servants , 4 employees , and independent contractors , it knew, or in the 5 exercise of ordinary care should have known, of the dangerous 6 condition of said public property, and of the risk of injury 7 created thereby , and nevertheless failed to remedy said 8 condition, although having a reasonable opportunity to do so. 9 As a direct and proximate result of the negligence and 10 carelessness of said public entity, and the dangerous and 11 defective condition of the said public property, as aforesaid, at 12 the time and place hereinabove set forth, the 1984 Pontiac Fiero 13 vehicle, bearing California License No. 1LGY514 , being operated 14 by claimant in a westerly direction along and upon said Olympic 15 Boulevard , approaching said bridge , was caused to leave the 16 traveled portion of the roadway, go out of control, and collide 17 with the guardrail and/or the metal bar gate, causing claimant to 18 be completely impaled by a piece of metal from said guardrail or 19 a piece of metal from the bar gate , causing claimant severe 20 injuries. 21 E. NAMES OF PUBLIC EMPLOYEES CAUSING INJURY, DAMAGE OR 22 LOSS: 23 The names of the public employees causing the said injuries 24 to claimant are unknown at this time. 25 F. ITEMIZATION OF CLAIM AS OF DATE OF PRESENTATION: 26 The amount of the claim as of the date of its presentation, 27 4 28 1 including estimated amount of any prospective injury, damage, or 2 loss, insofar as it may be known at time of presentation of 3 claim, together with the basis of computation of amount claimed: 4 Medical expenses to date, unknown. 5 Wage loss to date, approximately $ 7,000. 00 6 Future medical expenses, unknown at this time. 7 Future wage loss, unknown at this time. 8 Damage to property - approximately 9 General damages - 750,000.00 10 Total, as of the date of presentation $757 ,000.00 11 12 Dated: April 25, 1986. VAN BLO WLE 13 14 By 15 VILEW N BLOIS Ktorneys for Claimant 16 17 18 19 20 21 22 23 24 25 26 27 5 28 , • P DECLARATION OF SERVICE BY MAIL I declare that: I am a citizen of the United States and employed in Alameda County, State of California, over the age of 18 years, and not a party to the within action. My business address is Suite 2245, Ordway Building, One Kaiser Plaza, Oakland, CA 94612. I served the foregoing CLAIM by depositing a true copy thereof in the United States mail at Oakland, California, enclosed is a sealed envelope, with postage thereon prepaid, addressed as follows: Contra Costa County Flood and Water Conservation District 255 Glacier Drive Martinez, CA 94553 Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California. that the foregoing is true and correct, and that this declaration was executed at Oakland , California , on April 25, 1986 //S/- Ann SAnn L. Cobb r. CLUX comm CF sDf°ffitV sms or dNW 00STA 00010, -- - ARD ACT"K Claim Against the County, or District ) 110TICE 70 CL&V+lW May20, 1986 governed by the Board of Supervisors, ) The ooPy Of this t iMOd to YOU is YOW Routing Endorsements and Board ) notice of the action taken on your claim by the Action. All Sectice referenoes are ) Board of Supervisors (Paragraph IV, below), to California Goverment Codes ) Riven pursuant to Goverment Code Section 913 and 915.4. please note all uWarningall e Claimant: Donald Black ' Attorneys R. Lewis Van Blois One kaiser Plaza, Ste. 2245 Address: Oakland, CA 94612 Amount: $757, 000- 00 By delivery to clerk on Date Received: Ap r i 1 28 , 1986 By mail postmarked an April 25 , 1986 Cert . E P 203 914 47, : Clerk of the Board of Supervisors 70: Coon y Counsel Attached is a copy of the above-noted claim. Dated: April 28 , 1986 per, BATCHMM, Clark, By k 1 ,�:. ��--� Deputy n II. : County Counsel 10: Clerk o Supervisors (Check only one) (x) This claim complies substantially with Sections 910 and 910.2. Y ( ) This claim FAILS to comply substantially with Sections 910 and 91.0.2, 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 tiled late and send warning of claimant's right to apply for leave to' present a late claim (Section 911.3). ( ) Other: Dated: , By: �7 Deputy County Counsel In FM: Clerk of the Board 70: (1) County Counsel, (2) County Administrator f ) Maim was returned as-untimely with notice to claimant (Section 941.3). IV. BDARD ORDER By unanimous vote of Supervisors present (x) This claim is rejected in full. ( ) Other: certify that this is a true and correct copy of the Board's Order en in is ainurtes for this date. Dated: U Wy o A aor, PHIL BATOLOR, Mark, By , Deputy Clerk WAMIM (Gov. Code Section 943 Subject to certain ezoeptions, you have only six (6) months from the dans et this notioe was personally served or deposited in the mail to rile a court action an this claim. See Goverrment Code Section 945.6. You may seek the advice of an attorney of your choice in oermection with this matter. If you want to oonsult an attorney, 7cu should do so immediately. V. !R W: Clerk of the Board 70: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board's action on this claim by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed to claimant. DATED: MAY 9. 1) 1886 PM BATQmm g Mark, ByLv-�„ , Deputy Clerk 1 VAN BLOIS & KNOWLES One Kaiser -Plaza, Suite 2245 2 Oakland, CA 94612 444-1906 3 Attorneys for Claimant 4 5 6 7 8 In the Matter of the Claim of 9 DONALD BLACK C L A I M 10 against 11 COUNTY OF CONTRA COSTA 12 13 TO: COUNTY OF CONTRA COSTA: 14 Donald Black hereby makes a claim against the above-named 15 public entity for the sum of Seven Hundred Fifty-Seven Thousand 16 Dollars ($757 , 000 . 00), and makes the following statements in 17 support of the claim: 18 A. NAME AND POST OFFICE ADDRESS OF CLAIMANT: 19 Donald Black 3798 Mosswood Drive 20 Lafayette, CA 94549 21 B. POST OFFICE ADDRESS TO WHICH NOTICES CONCERNING THE CLAIM ARE TO BE SENT: 22 Van Blois & Knowles 23 One Kaiser Plaza, Suite 2245 24 Oakland, CA 94612 25 C. DATE , TIME AND PLACE OF THE OCCURRENCE OR TRANSACTION 26 GIVING RISE TO THIS CLAIM: RECEIVED 27 1 APR ;41986 28 PHIL BATCHELOR EAKffAC CRVISOeyLQ. . 1 The events giving rise to this claim occurred on or about 2 January 23 ,1986, on the public street known as Olympic Boulevard, 3 west of its intersection with Paulsen Lane, in the vicinity of a 4 bridge owned, controlled, and/or maintained by the Contra Costa 5 County Flood and Water Conservation District crossing Los Trampas 6 Creek, in the City of Walnut Creek, County of Contra Costa, State 7 of California. 8 D. CIRCUMSTANCES GIVING RISE TO THE CLAIM: 9 On or about January 23 , 1986 , and for some time prior 10 thereto, the above-named public entity , by and through its 11 agents, servants , employees , and independent contractors , so 12 negligently and carelessly designed , constructed , owned , 13 operated, controlled , maintained , repaired , and equipped the 14 aforementioned roadway and the aforementioned bridge, such that 15 the same were caused and allowed to be, and were, in a dangerous 16 and defective condition, in that, among other things: there were 17 insufficient and inadequate signs and devices to warn westbound 18 motorists of a substantial drop along the north edge of said 19 roadway into a muddy, sloping area , and inadequate signs or 20 devices to warn said motorists of the presence of the bridge and 21 steel guardrail along said roadway, and of the presence of a 22 metal bar gate alongside the bridge; that a combination of 23 factors, including but not limited to the curve of said roadway, 24 the existing speed limit, the drop along the north edge of the 25 roadway, the lack of an adequate shoulder , the inadequacy of 26 lighting, and the discontinuance or poor visibility of the right 27 2 28 1 fog stripe , were inadequate and improper conditions which 2 constituted a concealed trap for motorists moving to the right of 3 the fog stripe, which condition greatly increased the tendency of 4 vehicles to move off the traveled portion of the roadway, and 5 greatly increased the difficulty of regaining the traveled 6 portion of the roadway with safety and control , and greatly 7 increased the likelihood of such westbound motorists striking the 8 guardrail and/or the bar gate . Further , said public entity 9 failed to have adequate and sufficient delineation of the roadway 10 edge and failed to have adequate and sufficient delineation, 11 marking , and/or lighting of the area sufficient to warn west 12 bound motorists of the presence of the steel guardrail and the 13 metal bar gate; further , said public entity failed to have 14 adequate and sufficient signs and warnings to safely control and 15 curtail the speed of west bound motorists . Further, said public 16 entity knew or should have known about the condition of said 17 steel guardrail and said bridge in that part or parts of said 18 guardrail or bridge had been broken or were in disrepair and were 19 not attached thereby permitting them to pierce through claimant' s 20 vehicle, thereby impaling him and substantially increasing the 21 severity of his injuries. Other conditions as yet unknown may 22 have contributed to the dangerous and defective condition of said 23 public property and claimant will pray leave to assert same as 24 they become known . By reason of the foregoing , said public 25 property was in a dangerous and defective condition, creating a 26 substantial of harm to persons using same with due care , in a 27 3 28 1 manner in ' which it was reasonably foreseeable said public 2 property would be used; said public entity was further negligent 3 and careless in that , by and through its agents , servants , 4 employees , and independent contractors , it knew, or in the 5 exercise of ordinary care should have known, of the dangerous 6 condition of said public property, and of the risk of injury 7 created thereby , and nevertheless failed to remedy said 8 condition, although having a reasonable opportunity to do so. e 9 As a direct and proximate result of the negligence and 10 carelessness of said public entity , and the dangerous and 11 defective condition of the said public property, as aforesaid, at 12 the time and place hereinabove set forth, the 1984 Pontiac Fiero 13 vehicle, bearing California License No. 1LGY514 , being operated 14 by claimant in a westerly direction along and upon said Olympic 15 Boulevard , approaching said bridge , was caused to leave the 16 traveled portion of the roadway, go out of control, and collide 17 with the guardrail and/or the metal bar gate, causing claimant to 18 be completely impaled by a piece of metal from said guardrail or 19 a piece of metal from the bar gate , causing claimant severe 20 injuries. 21 E . NAMES OF PUBLIC EMPLOYEES CAUSING INJURY, DAMAGE OR 22 LOSS: 23 The names of the public employees causing the said injuries 24 to claimant are unknown at this time. 25 F. ITEMIZATION OF CLAIM AS OF DATE OF PRESENTATION: 26 The amount of the claim as of the date of its presentation, 27 4 28 1 including estimated amount of any prospective injury, damage, or 2 loss, insofar as it may be known at time of presentation of 3 claim, together with the basis of computation of amount claimed: 4 Medical expenses to date, unknown. 5 Wage loss to date, approximately $ 7,000 .00 6 Future medical expenses, unknown at this time. 7 Future wage loss, unknown at this time. 8 Damage to property - approximately 9 10 General damages - 750 ,000 .00 Total, as of the date of presentation $757,000. 00 11 12 Dated: April 25, 1986. VAN BLOI LES 13 14 By ��ttor LEW AN BLOIS 15 sfor Claimant 16 17 18 19 20 21 22 23 24 25 26 27 5 28 DECLARATION OF SERVICE BY MAIL I declare that: I am a citizen of the United States and employed in Alameda County, State of California, over the age of 18 years, and not a party to the within action. My business address is Suite 2245, Ordway Building, One Kaiser Plaza, Oakland, CA 94612. I served the foregoing CLAIM by depositing a true copy thereof in the United States mail at Oakland, California, enclosed is a sealed envelope, with postage thereon prepaid, addressed as follows: Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 i I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed at Oakland , California , on April 25, 1986 Ann L. Cg)db lAARD of W visMS OF CN't` COSTA OOtnM CALTl�IRA Ex-officio as the governing board ot t _e CC County water . BARD •C= conservation district Claim Against the County, or bistrict ) VMCE 10 CLAIMAIR May 20, 1986 governed by the Board of supervisors, ) The OW a t mailed to you is yotr Routing Endorsements, and Board ) notice of the action taken on Your claim by the Action. All Section referenoss are ) Board of Supervisors (Paragraph IP, bslew), to California Government Codes ) given pursuant to Goverment Code Seeticm .913 -- and 915.4• Please Dote all "WarniAW- Claimant: Donald Black Attcrjeys R. Lewis Van Blois One Kaiser Plaza, Ste. 2245 Address: Oakland, CA 94612 Amount: $-757 , 000. 00 By deli very to clerk on Date Reoeived:Ap r i 1 23 , 19036 mail, postmarked an April 25 , 1986 Cert. Y; P 724 591 74 . Clerk of the Board of Supervisors 10s County Attached is a copy of the above-noted claim. Dated_ Ap r i 1 26" , 1986 PEiIL BATCHII.OR, Clerk, By a __ K o-w__es II. : County emisel 10: Clerk of the g5iR of Supervisors (Check only one) (}<) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to oomply substantially with Sections %0 and 910.29 and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) Maim is not timely filed. Clerk should return claim on ground that it rag filed late and send warning of claimant's right to apply for leave to- present a late claim (Section 911.3). ( ) Others Dated: By: Deputy County Counsel III. Fm: Clerk of the Board 10: (1) County Counsel, (2) County Administrator ( ) Maim was returned as-untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present W This claim is re3ected in full. ( ) Other: eertif�ythat this is a true and oorreet copy of the Board's Order en in is � 2 D or s date. Dated: PHIL BATC MOR, Clerk, By �c • Deputy Clerk WARNM (Gov. Code Section 913 SnbJeet to oertain erooeptions, 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 an this claim. See Goverrment Code Section 945.6. You may seek the advioe of an attorney of your choice in oormection with this matter. If you want to oaivult an attorney, you should do so immediately. O. !Rol: Clerk of the Board 10: (1) County Cowmi, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Board'a action on this claim by mailing a oopy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in acoordanoe with Section 29703. ( ) A warning of Mafma^*•s right to apply for leave to preamt a late claim on mailed to claimant. DATEN ►►r''1ui�T 2 PSL BATCEiELOR, Clerk, By �,�,_`„i_`, Deputy Clerk f 1 VAN BLOIS & KNOWLES One Kaiser Plaza, Suite 2245 2 Oakland, CA 94612 444-1906 3 Attorneys for Claimant 4 5 6 7 8 In the Matter of the Claim of 9 DONALD BLACK C L A I M 10 against 11 CONTRA COSTA COUNTY FLOOD AND WATER CONSERVATION DISTRICT 12 13 TO: CONTRA COSTA COUNTY FLOOD AND WATER CONSERVATION DISTRICT: 14 15 Donald Black hereby makes a claim against the above-named 16 public entity for the sum of Seven Hundred Fifty-Seven Thousand 17 Dollars ($757 , 000 . 00) , and makes the following statements in 18 support of the claim: A. NAME AND POST OFFICE ADDRESS OF CLAIMANT: 19 Donald Black 20 3798 Mosswood Drive 21 Lafayette, CA 94549 B. POST OFFICE ADDRESS TO WHICH NOTICES CONCERNING THE 22 CLAIM ARE TO BE SENT: 23 Van Blois & Knowles 24 One Kaiser Plaza, Suite 2245 Oakland , CA 94612 25 C. DATE , TIME AND PLACE OF THE OCCURRENCE OR TRANSACTION 26 GIVING RISE TO THIS CLAIM: 27 1 FAF`Ra� ECEIVED 28 1ydb 10MILPHTCt4ELOR pERVIS RS A TA O 11141. VVI ' 1 The events giving rise to this claim occurred on or about 2 January 23,1986, on the public street known as Olympic Boulevard, 3 west of its intersection with Paulsen Lane, in the vicinity of a 4 bridge owned, controlled, and/or maintained by the Contra Costa 5 County Flood and Water Conservation District crossing Los Trampas 6 Creek, in the City of Walnut Creek, County of Contra Costa, State 7 of California. 8 D. CIRCUMSTANCES GIVING RISE TO THE CLAIM: 9 On or about January 23 , 1986 , and for some time prior 10 thereto, the above-named public entity, by and through its 11 agents , servants , employees , and independent contractors , so 12 negligently and carelessly designed , constructed , owned , 13 operated, controlled , maintained , repaired , and equipped the 14 aforementioned roadway and the aforementioned bridge, such that 15 the same were caused and allowed to be, and were, in a dangerous 16 and defective condition, in that, among other things: there were 17 insufficient and inadequate signs and devices to warn westbound 18 motorists of a substantial drop along the north edge of said 19 roadway into a muddy, sloping area , and inadequate signs or 20 devices to warn said motorists of the presence of the bridge and 21 steel guardrail along said roadway, and of the presence of a 22 metal bar gate alongside the bridge; that a combination of 23 factors, including but not limited to the curve of said roadway, 24 the existing speed limit, the drop along the north edge of the 25 roadway, the lack of an adequate shoulder , the inadequacy of 26 lighting, and the discontinuance or poor visibility of the right 27 2 28 1 fog stripe , were inadequate and improper conditions which 2 constituted a concealed trap for motorists moving to the right of 3 the fog stripe, which condition greatly increased the tendency of 4 vehicles to move off the traveled portion of the roadway, abd 5 greatly increased the difficulty of regaining the traveled 6 portion of the roadway with safety and control , and greatly 7 increased the likelihood of such westbound motorists striking the 8 guardrail and/or the bar gate . Further , said public entity 9 failed to have adequate and sufficient delineation ofthe roadway 10 edge and failed to have adequate and sufficient delineation, 11 marking , and/or lighting of the area sufficient to warn west 12 bound motorists of the presence of the steel guardrail and the 13 metal bar gate ; further , said public entity failed to have 14 adequate and sufficient signs and warnings to safely control and 15 curtail the speed of west bound motorists. Further, said public 16 entity knew or should have known about the condition of said 17 steel guardrail and said bridge in that part or parts of said 18 guardrail or bridge had been broken or were in disrepair and were 19 not attached thereby permitting them to pierce through claimant' s 20 vehicle, thereby impaling him and substantially increasing the 21 severity of his injuries. Other conditions as yet unknown may 22 have contributed to the dangerous and defective condition of said 23 public property and claimant will pray leave to assert same as 24 they become known. By reason of the foregoing , said public 25 property was in a dangerous and defective condition, creating a 26 substantial of harm to persons using same with due care , in a 27 3 28 I manner in which ' it was reasonably foreseeable said public 2 property would be used; said public entity was further negligent 3 and careless in that, by and through its agents , . servants, 4 employees , and independent contractors , it knew, or .,Jin -the 5 exercise of ordinary care should have known, of the dangerous 6 condition of said public property, and of the risk of injury 7 created thereby , and nevertheless failed to remedy said 8 condition, although having a reasonable opportunity to do so. 9 As a direct and proximate result of the negligence and 10 carelessness of said public entity, and the dangerous and 11 defective condition of the said public property, as aforesaid, at 12 the time and place hereinabove set forth, the 1984 Pontiac Fiero 13 vehicle, bearing California License No. 1LGY514, being operated 14 by claimant in a westerly direction along and upon said Olympic 15 Boulevard , approaching said bridge , was caused to leave the 16 traveled portion of the roadway, go out of control, and collide 17 with the guardrail and/or the metal bar gate, causing claimant to 18 be completely impaled by a piece of metal from said guardrail or 19 a piece of metal from the bar gate , causing claimant severe 20 injuries. 21 E. NAMES OF PUBLIC EMPLOYEES CAUSING INJURY, DAMAGE OR 22 LOSS: 23 The names of the public employees causing the said injuries 24 to claimant are unknown at this time. 25 F. ITEMIZATION OF CLAIM AS OF DATE OF PRESENTATION: 26 The amount of the claim as of the date of its presentation, 27 4 28 1. including estimated amount of any prospective injury, damage, or 2 loss, insofar as it may be known at time of presentation of 3 claim, together with the basis of computation of amount claimed: 4 Medical expenses to date, unknown. 5 Wage loss to date, approximately $ 7,000.00 6 Future medical expenses, unknown at this time. 7 Future wage loss, unknown at this time. 8 Damage to property - approximately 9 General damages - 750 ,000 .00 10 Total, as of the date of presentation $757 ,000.00 11 12 Dated: April 25, 1986. VAN BLOIS ES 13 14 By •A�orne EWIS N BLOIS 15 s for Claimant 16 17 18 19 20 21 22 23 24 25 26 27 5 28 1 DECLARATION OF SERVICE BY MAIL I declare that: I am a citizen of the United States and employed in Alameda County, State of California, over the age of 18 years, and not a party to the within action. My business address is Suite 2245, Ordway Building, One Kaiser Plaza, Oakland, CA 94612. I served the foregoing CLAIM by depositing a true copy thereof in the United States mail at Oakland, California, enclosed is a sealed envelope, with postage thereon prepaid, addressed as follows: Contra Costa County Flood and Water Conservation District 255 Glacier Drive Martinez, CA 94553 Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed at Oakland , California , on April 25, 1986 Ann L Cobb CLUX BOARD OF SOP'BF moRS OF 65M OOSTA mum CALnmu BOARD ACTION Claim Against the County, or bistrict ) 14MCE TO CLADOp'p 1`Zay 2 0', 1986 - governed by the Ward of Supervisors, ) The copy a d0cwwt iW19d to you ie yo:a Routing Endorsements, and Board ) notice of the action taken an your claim by the Ac'California Government Coes'on. All Section references are ) Board of Supervisors (Paragraph IV, below), to d ) given pursuant to Government Code Section 913 .� and 915.4. Please note all wWargings". Claimant: P-iichael P. and Jo Ann Bert.ino C01:11ty CQLn3e Attorney: Louis F. Schofield APR 21 1986 Burnhill, Porehouse, Burford, Schofield & Schiller Address: P.O. Box 5168 Martinez, CA 94553 Ualnut Creek, CA 94596 Amount: Unspecified By delivery to clerk on Date Received: April 22, 1986 By mail, postmarked on An r i 1 21 . 19 8 6 Cert - 'F P 055 499 032 I. FRONT: Clerk of the Board of Supervisors Tb: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 2 3 , 19 8 6PHIL BATCHELOR, Clerk, By /-V1 Deputy Gattiv Kn wles 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 70: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD WER 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 Boards Order entered in its minutes for this date. Dated: MAY 2 0 $ PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 914) Subject to certain exceptions, you have only six (6) months from the date of this notice Was personally served or deposited in the wail 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 batter. 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: MAY 2 �. 1g 6`PHZL BATamwR, Clerk, By �'l,o , Deputy Clerk C L A I M The undersigned hereby presents the following claim against the COUNTY OF CONTRA COSTA. TO THE CLERK OF THE COUNTY OF CONTRA COSTA: YOU ARE HEREBY NOTIFIED that MICHAEL P. BERTINO and JO ANN BERTINO present the following claim against the COUNTY OF CONTRA COSTA. 1. Name and Address of Claimant: MICHAEL P. BERTINO and JO ANN BERTINO, c/o LOUIS F. SCHOFIELD, BURNHILL, MOREHOUSE, BURFORD, SCHOFIELD & SCHILLER, INC., P. 0. Box 5168, Walnut Creek, CA 94596. All notices should be sent to the above law offices. 2. Nature of Claim: This claim is for indemnity/equitable contribution, arising out of an action filed by DOVETAIL, INC., in the Superior Court of California, County of Contra Costa, Action No. 281016. Said action names MICHAEL P. BERTINO and JO ANN BERTINO and others as defendants. Said Complaint alleges that Plaintiff DOVETAIL, INC., within three years past, suffered damage to their real property located at 2780 Camino Diablo, County of Contra Costa, State of California. Said Complaint further alleges that the damages were proximately caused by the negligence and carelessness of the defendants , and by the maintenance of a nuisance by the defendants. At the time of the occurrence of said damage, according to the plaintiffs' First Amended Complaint, the COUNTY OF CONTRA COSTA exercised dominion and control over that portion of the area where plaintiffs' property is located. Additionally, according to said First Amended Complaint, the COUNTY OF CONTRA COSTA maintained and continues to maintain storm drains, and easements across real property by the exercise of dominion over the easements dedicated to public use across plaintiffs' land. Said easements were allegedly maintained in such a way as to constitute a nuisance, to injure the health of plaintiffs, to interfere with the plaintiffs' use and enjoyment of their real property, and to take their real property without just compensation. A copy of said First Amended Complaint is attached hereto as Exhibit A and by this reference is made a part hereof. Said First Amended Complaint was served upon MICHAEL P. BERTINO and JO ANN BERTINO on or about April 8, 1006 - RECEIVED APR ;La 1986 PHIL 9ATCMELM aKTRA F STA�RVISORS By 3. Nature and Extent of Injuries: As indicated above, MICHAEL P. BERTINO and JO ANN BERTINO seeks indemnity and/or an apportionment of fault from the COUNTY OF CONTRA COSTA in the event that any judgment is awarded to the plaintiffs as set forth in their First Amended Complaint. DATED: April 21, 1986 BURNHILL, MOREHOUSE, BURFORD, SCHOFIELD & SCHILLER, INC. 7 LOUIS F. CHOFIE Attorneys for Said Claimant 1 LINDA DEBENE. INQ. PROFESSIONAL LAW CORPORATION ll BISHOP RANCH OFFICE PLAZA ((�� C 3 BUILDING B. SUITE 109 MAR 19 1984 TWO ANNABEL LANE ' 4 SAN RAMON.lCALIFORNIA946Ba • 0C:%(itV r 1< 1. ., ,.•I X13-a3 5 {�ISI scb al» 6 Attorney for Plaintiff • t.I UTA - 7 8 SUPERIOR COURT OF ChLIFORNIA, COUNTY OF CONTRA COSTA 9 ° 10 DOVETAIL, INC. , a California CASE NO. �Zslo16 11 Corporation, FIRST AMENDED COMPLAINT FOR 12 Plaintiff, DAMAGES FOR DIVERSION OF 13 SURFACE 47ATERS, DIVERSION VS. OF WATERS FROM NATURAL I4 WATERCOURSE, NEGLIGENCE, 15 CAMINO DIABLO GROUP, a California NUISANCE, TRESPASS, INVERSE 16 Limited Partnership; COUNTY OF CONDEMNATION, -AND FOR CONTRA COSTA; CITY OF WALNUT CREEK; INJUNCTIVE RELIEF 17 E. G. CRAIG; MICHAEL P. BERTINO; 18 JO ANN BERTINO; FREDERICK DYER- ` BENNETT; PATRICIA DYER- BENNETT; 19 MICHAEL H. BLANK; WILLIAM J. 20 McLEAN; CHARLES PURCELL; JOHN MARSHALL; PETER M. COFFEE; ANGELA 21 M. COFFEE; BAYARD J. MILLER; DAVID 22 M. PETERS; OLIVER C. GRAHAM; ESTHER M. GRAHAM; JAMES W. - REID; JENTRA L. 23 REID; JOHN ROE and JANE ROE, Trustees 24' of the Ryan Family Trust; GREGORY D. KOEHLER; DOES 1-75, inclusive. 25 26 Defendants. 27 28 FIRST CAUSE OF ACTION 29 (Diversion of Surface Waters) 30 1. Plaintiff DOEVETAIL, INC. , is, and at all times relevant 31 herein was, a corporation organized and existing under the laws of 32 California with its principal place of business in Contra Costa 33 County, California. 34 2. Defendant CAMINO DIABLO GROUP is, and at all times 35 relevant herein was, a California Limited Partnership existing under 36 the laws of California with its principal place of business in Contr I Costa' County, California. 2 3. Defendant E. G. CRAIG is an individual and the general 3 partner of Defendant CAMINO DIABLO GROUP and is sued herein in both 4 said capacities. 5 4. Defendant COUNTY OF CONTRA COSTA (hereinafter "COUNTY") 6 is, and at all times relevant herein was, a county duly organized 7 and existing under the laws of the State of California. 8 5. - Defendant CITY OF WALNUT CREEK (hereinafter "CITY") is, 9 and at all times relevant herein was, a municipal corporation, duly 10 organized and existing under the laws of the State of California. 11 6. Defendants MICHAEL P. BERTINO, JO ANN BERTINO, FREDERICK 12 DYER-BENNETT, PATRICIA DYER-BENNETT, MICHAEL H...BLANK, WILLIAM J. 13 McLEAN, CHARLES PURCELL, JOHN MARSHALL, PETER M. COFFEE, ANGELA M. 14 COFFEE, BAYARD J. MILLER, DAVID M. PETERS, OLIVER C. GRAHAM, ESTHER 15 M. GRAHAM, JAMES W. ..REID, JENTRA L. REID, JOHN ROE AND JANE ROE, 16 Trustees of the Ryan Family Trust and GREGORY D. KOEHLER, are 17 individuals and are or were owners and/or possessors of certain real 18 property located in Contra Costa County, California. 19 7. Plaintiff does not know the true names or capacities of 20 Defendants DOES 1-75 , inclusive, and therefore sues said, persons or 21 entities by their fictitious names. Plaintiff will amend this 22 Complaint to allege said names and capacities when the same have 23 been ascertained. Plaintiff is informed and believes and thereon 24 alleges that said *Defendants and each of them are in some manner 25 responsible for the acts or omissions herein alleged and the damages 26 herein claimed, whether said liability is due to the ownership, 27 maintenance, design, construction, alteration, lease or sale of the 28 instrumentality causing the injuries, or in some other manner. 29 8. Plaintiff is informed and believes and thereon alleges 30 that each of the named Defendants, and DOES 1-75 , was the agent, 31. servant and employee of each of the remaining Defendants, and that 32 they were acting within the course and . scope of such agency and with 33 the permission and consent of each of . the remaining Defendants in 34 doing the things herein alleged. 35 9. At all times relevant herein, Plaintiff was, and now is, 36. the owner and in possession of certain real property located in -2- 1 Contra Costa County, California, commonly known as 2780 Camino 2 Diablo, Walnut Creek, California, Assessor' s Parcel Number 3 177-140-028-8,, more particularly described in the attached Exhibit 4 A. Plaintiff ' s said property (hereinafter "Plaintiff' s Property") 5 is bounded by a hill on the west, north and east. Attached hereto 6 as Exhibit B is a map which illustrates only generally the location 7 of Plaintiff's Property and other features of the area insofar as 8 they pertain to this Complaint. 9 10. Plaintiff is informed and believes and on that basis 10 alleges that each of the named Defendants and DOES 1-20 are or 11 were owners or possessors of certain real property adjoining 12 Plaintiff's Property, or contiguous to adjoining property, or in the 13 general area of the hill (hereinafter "Hill Property") . Plaintiff is 14 presently unaware of the exact nature of said Defendants' respective 15 ownership interest but when such exact interests have been 16 ascertained, Plaintiff will ask leave of this Court to amend this 17 Complaint to allege the same. 28 11. DOES 20-40 , and each of them, are or were builders or 19 developers of the Hill Property described in Paragraphs 9 and 10. 20 12. Plaintiff is informed and believes and thereon alleges ?1 that each of the named Defendants, including DOES 1-75, failed to 22 take reasonable care in designing, inspecting, grading, ' constructing, 23 improving, controlling, managing and maintaining the Hill Property 24 as alleged herein to avoid damage to Plaintiff' s Property and the 25 improvements thereon. 26 13. Prior to the various improvements on the Hill Property 27 and the grading of the area . and the construction of drainage devices 28 and structures associated with such improvements, surface water 29 which fell upon or otherwise came to be upon the hills, slopes and 30 other areas to the west, north and east of Plaintiff' s Property, did 31 not flow toward, onto or over the land which became Plaintiff's 32 Property, nor did it flow toward, onto or over the steep slope to 33 the immediate north of and adjacent to Plaintiff's Property. 34 14 . Plaintiff is informed and believes and on that basis 35 alleges that within the three (3) years preceding the filing of the 36 original Complaint in this action and thereafter on or about t j -3- 1 February and March, 1986, the acts and omissions of Defendants, and 2each of them, caused the collection, accumulation, concentration, 3 diversion and redirection of surface water on or about the Hill 4 Property which proximately resulted in the saturation and the 5 liquidification of the steep slope immediately adjacent to the north 6 boundary of Plaintiff 's Property, which thereupon failed, causing 7 substantial amounts of mud, earth and debris to slide onto and over 8 Plaintiff's Property, destroying and damaging improvements thereon. 9 15. By reason of the foregoing acts and omissions of 10 Defendants, and each of them, Plaintiff' s Property, including the 11 improvements thereon, was .damaged, and such damage includes but 12 is not limited to the dimunition in rental value or sale value of 13 - the Property, and costs for repair, in an amount unknown at this 14 time, but which exceeds the jurisdictional minimum of this Court. 15 When such exact damages have been ascertained, Plaintiff will ask 16 leave of this Court to amend this Complaint to allege the same. 17 THEREFORE, Plaintiff prays judgment as hereinafter set 18 forth. 19 20 SECOND CAUSE OF ACTION 21 (Diversion of Waters From Natural Watercourse) 22 16. Plaintiff realleges and incorporates herein by reference 23 each and every allegation of Paragraphs 1-15, inclusive, as if 24 fully set forth herein. 25 17. Prior to the grading and construction of the Hill 26 Property as described above and prior to the construction of the 27 drainage devices and structures associated -with such development, 28 a substantial amount of the natural drainage waters of the country 29 - flowed in and was carried by natural channels and watercourses 30 among, through and from the hills, canyons, mountains and other 31 areas adjacent to Plaintiff's Property, which natural channels 32 and watercourses did not flow toward, onto or over the property 33 which became Plaintiff's Property, or the steep slope adjacent to 34 Plaintiff' s Property. 35 18. As a direct and proximate result of Defendants ' acts and 36 omissions as alleged herein, said waters have been diverted to I accumulate and concentrate in such a way that the steep slope 2 immediately adjacent to the north boundary of Plaintiff's Property 3 has failed, causing substantial amounts of mud, earth and debris to 4 slide onto and over Plaintiff's Property, destroying and damaging 5 improvements thereon. 6 THEREFORE, Plaintiff prays judgment as hereinafter set forth. 7 8 THIRD CAUSE OF ACTION 9 (Negligent Design, Inspection, Grading, Construction, 10 Maintenance and Control of Property and Improvements) 11 19. Plaintiff realleges and incorporates herein by reference 12 each and every allegation of Paragraphs 1 through 15, and 17 and 18, 13 inclusive, as if fully set forth herein. 14 20. Plaintiff is informed and believes and on that basis 15 alleges that Defendants, and each of them, so carelessly, improperly 16 and negligently designed, graded, constructed, improved, inspected, 17 maintained, managed, controlled and repaired areas of the Hill 18 Property, together with the drainage devices and structures associate 19 with such development, so as to cause the injury to Plaintiff's 20 Property as herein alleged, which injury occurred within the three (3 21 years preceding the filing of- the original Complaint in this action, 22 and thereafter on or about February ane March, 1986. 23 THEREFORE, Plaintiff prays judgment as hereinafter set forth. 24 25 FOURTH CAUSE OF ACTION 26 (Private Nuisance) 27 21. Plaintiff realleges and incorporates herein by. reference 28 each and every allegation of Paragraphs 1 through 15, and 17 and 18 , 29 inclusive, as if fully set forth herein. 30 22. Within the three (3) years preceding the filing of this 31 action, and thereafter, the named Defendants and DCES 1-20, and 32 each •of• them, have occupied, used, controlled and maintained their 33 respective property in such a manner . so as to cause the damage to 34 Plaintiffs Property as herein alleged. 35 23. The aforementioned occupation, use, maintenance and 36 control of the property of Defendants constitutes a nuisance within -5- I the -meaning of Section 3479 of the Civil Code in that it interferes 2 with the comfortable enjoyment of Plaintiff's Property. 3 24 . On or about December 19, 1985, Plaintiff gave notice to 4 Defendants, and each of them, of the damage caused by the nuisance, 5 and requested its abatement, but Defendants, and each of them have 6 refused, and continue to refuse, to..abate the nuisance. 7 25. Defendants, and each of them, will , unless restrained 8 by this Court, continue the acts complained of, and each and every 9 act has been, and will be, without the consent, against the will, 10 and violation of the rights of Plaintiff. 11 26. As a proximate result of the acts or omissions of 12 the Defendants, and each of them, Plaintiff has been damaged as 13 herein alleged, and will be damaged in the future in an amount unknow 14 but the threat is substantial and imminent. 11 15 27. Unless Defendants, and each of them, are enjoined by 16 order of this Court, it will be necessary in the future for Plaintiff _ 17 to commence many successive actions against Defendants and each of 18 them to secure compensation for damages sustained by landslides or 19 mud slides or flooding which may occur in the future. This would 20 require a multiplicity of suits and Plaintiff will be daily 21 threatened with the damage as herein alleged. 22 28. Unless Defendants, and each of them, are enjoined from 23 continuing their use, control and maintaining of their properties 24 which is resulting in damage to Plaintiff, -Plaintiff will suffer 25 irreparable injury in that the usefulness and economic value of 26 Plaintiff' s Property will be substantially diminished and Plaintiff 27 will be deprived of the comfortable enjoyment of its Property. 28 29 . Plaintiff has no plain, speedy, or adequate remedy at 29 law, and injunctive relief is expressly authorized by Sections 526 30 and 731 of the Code of Civil Procedure. 31 30. In doing the things alleged herein, Defendants, and each 32 of them, are acting with full knowledge of the consequences and 1 33 damage being- caused to Plaintiff, and their conduct is willful, 34 oppressive and malicious; accordingly, Plaintiff is entitled to 35 punitive damages against Defendants, and each of them, in the sum 36 of TWO MILLION- and no/100 DOLLARS ($2, 000, 000. 00) . -6- i 1 THEREFORE, Plaintiff prays judgment as hereinafter set forth. 2 3 FIFTH CAUSE OF ACTION 4 (Trespass) s 31. Plaintiff realleges and incorporates herein by reference 6 each and every allegation of Paragraphs 1 through 15, 17 and 18, and 7 25 through 30, inclusive,- and as if fully set forth herein. 8 32. Within three (3) years preceding the filing of the 9 original Complaint in this action and thereafter on or about 10 February and March, 1986, the named Defendants and DOES 1-20, 11 inclusive, and each of them, without Plaintiff's permission or consei 12 wrongfully caused or allowed large quantities of mud, earth, debris 13 and other materials located in, on or about such Defendantspropert; 14 to slide, inundate and fall upon Plaintiff 's Property which was 15 occupied by Plaintiff and which caused the damage to said Property 16 as herein alleged. 17 THEREFORE, Plaintiff prays judgment as hereinafter set forth. 18 19 SIXTH CAUSE OF ACTION 20 (For Inverse Condemnation Against Defendants COUNTY 21 _ and CITY Only) 22 33. Plaintiff realleges and incorporates herein by reference 23 each and every allegation of Paragraphs 1 through 15, inclusive, anc 24 17 and 18, inclusive, as if fully set forth- herein. 25 34 . Plaintiff is informed and believes and on that basis 26 alleges that Defendants COUNTY, CITY and DOES 40-60, inclusive, at 27 all relevant times herein owned or have owned an interest in 28 Hillcroft Way, including its gravel extension which is located west 29 of Hillcroft Way, on the Hill Property above Plaintiff's Property 30 (the general location of such road and extension is identified on 31 Exhibit B) . Plaintiff .is presently unaware of the exact nature of 32 the respective ownership interests of Defendants COUNTY, CITY and 33 DOES 40-60, inclusive, in Hillcroft Way and its gravel extension, 34 but when such exact interests have been ascertained, Plaintiff will 35 ask leave of this Court to amend this Complaint to allege such 36 interest. -7- 1 35. Plaintiff is informed and 'believes and on that basis 2 alleges that Defendants COUNTY, CITY and DOES 40-60, inclusive, 3 are and at all times relevant herein were, responsible for and in 4 fact, designed, inspected, constructed, managed, maintained and 5 controlled Hillcroft Way, including its gravel extension and 6 including the drainage devices and structures associated with 7 Hillcroft Way. 8 36. Plaintiff is informed and believes and based upon such 9 information and belief alleges that at some time prior to the damage 10 caused by the mudslide as herein alleged, Defendants COUNTY and CITY 11 deliberately designed and constructed and/or accepted by dedication 12 Hillcroft Way and its appurtenances for public-use. 13 - 37. Such improvements alleged herein were a substantial 14 factor in causing the saturation and liquidification of the Hill 15 Property immediately adjacent to the north boundary of Plaintiff's 16 Property, which thereupon failed, causing substantial amounts of 17 mud, earth and debris to slide onto and over Plaintiff's Property 18 destroying and damaging improvements thereon. Said sliding occurred 19 within three (3) years preceding the filing of the original Complaint 20 in this action and thereafter on or about February and March, 1986. 21 38. By reason of the matters alleged herein Plaintiff's 22 Property, including the improvements thereon, have been damaged or 23 taken for public use in an amount unknown to Plaintiff at this time. 24 Plaintiff prays leave .to amend this Complaint when the same have been 25 ascertained. 26 . 39. Plaintiff has retained the law firm of LINDA DeBENE, INC. ; 27 Professional Law Corporation, to commence and prosecute this action, 28 including this inverse condemnation cause of action, and therefore 2911 has incurred and will continue to incur attorney's fees, expert 30 fees, engineering fees and other litigation expenses in an amount 31 presently unknown; and when such amounts are ascertained, Plaintiff 32 will ask leave to amend this Complaint to allege the. true amount 33 thereof. 34 THEREFORE, Plaintiff prays judgment against Defendants, and 35 each of them, as follows: 36 -8' 1 On All Causes of Action: 21. For general and special damages in an amount according 3 to proof, within the jurisdictional limits of this Court; 4 2. For costs of suit herein incurred; - 5 3. For such other and further relief as the Court may deem 6 proper; 7 On the Fourth and Fifth Causes of Action: 8 4. For a permanent injunction requiring Defendants, and each 9 of them, and their agents, servants, and employees, and all persons 10 acting under, in concert with, or for them to repair, control and 11 maintain their respective properties in such a manner as to effect 12 the stabilization of the soil, mud, earth, debris and other 13 materials, and to take the neces-sary measures to prevent the dis- 14 charge of water in unnatural amounts and to prevent the saturation 15 and liquification of the Hill Property as described herein so that 16 Plaintiff' s comfortable enjoyment of its property is no longer 17 threatened and impeded. 18 5. For punitive damages in the sum of TWO MILLION and 19 no/100 DOLLARS ($2, 000, 000. 00) . 20 On the Sixth Cause of Action: 21 6. -For reasonable attorney' s fees, according to proof. 22 23 DATED: March 18 , 1956 24 25 INDA DeBENE Attorney for Plaintiff 26 27 28 29 30 3111 32 33 34 35 36 11 -9- • . • . 1:X111 Il I.�. '•A' That parcel of land in the County of Contra Costa, Statu of California, described as follows: Portion of the Rancho Canada Del 11ambre, Southern Portion, described ' as follows: • 0eginning on the north line of the State highway leading f_om Walnut Creek,to Lafayette at the west line of tt.e parcel of land described in the deed from Frank Rossetto, et ux, to Manuel T. Avilla, et ux, recorded February 13, 1951 in Volume 1715 of Official Records, at page. 531; thence from Raid point of beginning, along the exterior boundary line of said Avilla parcel (1715' OR 531) as follows: North 0. 33' east, 150 feet, • south 89. 27' east,25 feet and north 0. 33' cast, 50 feet to , the south line of the parcel of land described in the deed from Frank Rossetto, et ux, to Manuel T. Avilla, et ux, recorded August 11, 1952 in volume 1974 of Official Records, at page 447; thence north 70' 35' 05" west, along said south line to the west line of the parcel of land described in the deed from Alma C. Richards to Frank Rosetto, et ux, recorded October 2, 1945 in Volume 827 of Official Records, at page - - 221, thence south 15. 36' 55" west, along said west lire to the center line of the Old Tunnel Road; then•.e along ,said center line south 48. 15' east, 33 feet and south 30. 45' east, 16.55 feet to the north line of said State Highway; - thence south 80. 22' 35" east, along said north line 66.24 feet to the point of beginning. .. • Said property commonly known as 2780 Camino Diablo,•'WA*inut • Creek, California. EXHIBIT "A" t � M a:•+• •" �J j �M i!+ hr r ~ t ♦ • Ltiy li��t�} � ns 9+ 4 tie♦♦ e � If t 0 ••t.it 4't •�, .�� / y L -tn • r p� yy !!• ,,t„ t `! y .4it ♦. ,♦ �. t.� / � �',;•i tit ��#* ( 4ti _S.`o _ ' _ 4���. /r♦1 Q ti r Y�3c ` t �1♦ 1� p fit y lA 01 i SI�.. j. j ♦�j ` ,�4 Af t t /J • • i f A M E N D E D Q.UX BDARD OF wP�tnwn of � ODSTA OOwf 2 CALZ�IfIA —• . Claim Against the County, or biatriat ) VMCL TO CQJ DWT May 20, 1986 governed by the Hoard of Supertibara, The COPS Odr this document ed to you is yvta Routing Fsidorsementa, and Hoard ) notice of the action taken on your Clain by the Action. All Section referenoes are ) Board of Supervisors (Paragraph I99 below), to California Government Codes ) given pammt to Goverment Code Section 9L3 and 915.4. please note all wNarnivZO. Claimant: Jeanette Bergholtz Attocuey: Address: 107 Welcome Ave. Concord, CA 94518 sY i W Clerk on raa�� g i anti AsDunts Unspecified tY ----� Date Aeoei v9d: May 9 , 1986 By �1• postmarked m M a�, i A R ti Mark -of the Board of Supervisors lfl: County MaZ Attached is a copy of the above-noted Claim. Dated: May 12 , 1986 PHIL. BATQM,Oit, Mark, By Dsputy II. : County Cotm : erkw the Board ofacro (Check only one) (�) 7his claim C®plie3 substantially with Sections 910 and 910.2. ( ) lhis claim FAILS to o®ply substantially with Sections 910 and 910.2, and we srs so notifying claimant. The Hoard cannot act for 15 days (section 940.8). ( ) 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:— 77-777 1777- ey: _ Deputy County Counsel III. Ymm: . • erk of the Hoard 70s (1) Comty Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (section 941.3). I9. BDQARD OM By unanimous note of Supervisors present (k) lois claim is rejected in lw11. ( ) Other: certify that this is a true and Correct copy of the Hoardta Order en ins t.q minutes for this date. Dated: AAAY BATCHELMr Clerk, By , Deputy Clerk VAN= (Gov. Code Section 913) Subject to Certain exoeptions, you have only wiz (6) months from the date of this notioe was personally served or deposited in the tail to file a cowt action on this Claim. See Govw meat Code Section 945.6. You may seek the advice of an attorney of your otoioe in Connection with this natter. If you want to Consult an attorney, you should do so immediately. 9. VKH: Clerk of the Board Z0: (1) *Pmty Counsel, (2) County Administrator Attached are Copim of the above Claim. lie notified the Claimant of the Boardta action on this Claim by sailing a copy of this document, and a memo thereof has been filed and aodorsed on the Board's copy of this Maim in aeoordanae with Section 29703• ( ) A ing of c1aina^tta right to apply for leave to Vre t a late Claim was mailed to �i . DATID: Y 2, 14Am VOL BATQMDR. Qerlc_ Av \',�` � ,.w� - Deputy Clerk 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) APR ';LS MID or DISTRICT) PHI OATCMEIOR CLER R OF SUPEQVAUM (Fill in name) ) ��J ¢ tai T�cv The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 2 0oo. e-o and in support of this claim represents as follows ----- -----------a------------------------------------------------------ 4R1en did the damage or injury occur? (Give exa t date and hour) 2. Wher d d he dama a or injury occur? (Include ay andounty) 6 g J Y z 3. How did the dama a or in 'ur occur? Give full details use extra sheets if required) 4. What particular act or mission on the part of county or district officers , servants or employees caused the injury or damage? a W: es- � -`,°-,�%,• li,..c�-��- -Q-•-�-�C,��' -v,,' � j�- ' ' (over) 5. What are the names of county pr district officers,: :searvants._=nYr - _;- I employees causing the damage 'or injury? 6. -What damage or injuries do you claim resulted? (Give ull extet injuries or damages claimed. Attach two estimates for auto d mage) GUS ��Ga-..:,aa - ���L� �►=. .�.a-�i��� u. .t,PG 0"fi f How was the amount claimed above computed? Include th st,. ated � amount of any prospective inju�rpy. 'o_r damage. ) j,,.,�, ✓[,F_.c��te�'�J+.�-�.�c.c� _ -„�-.uta�..c f.�-�.e� ��-Bs�rr�-v�j'`"T'"i d�ti t��.�i+'�.�s.��•c tl•.c-�z. .�u.u�c.c.L 8. Names and addresses of witnesses, doctors and hospitals. /01c�c�..w �'-' ----- ------------ ---------------------------------------------------- ��--barest..the...,,ezp.eJad.�tures you Trade on account of .this accident or injury: T TEM AMOUNT as c _ ¢1 �� >�"�,liZ�YJ :K.�=-c.t c��F t�/��s'c't�'-ea1J:YcJ o(.¢�✓�/tsn. 2e /a-2o-ta..r� �.-1.2,3/6 b 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 C aimant' s Sggnadlure fol 1u�1��.• Address m ee� q-16 1IT - - Telephone No. Telephone No. 7 ************************************************************************** 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. " 1021 San Miguel Road Concord,California 94518 (415) 680.1688 February 20, 1986 Dear Tenant, Due to the recent stormtwe had seepage of water through the concrete floor and into some of the units. You may want to check your unit for any possible damage to your goods or contents and inform your insurance company of same. Thank you, San Miguel Mini Storage _eel, , .. . .. ry. .. - .... _._ - .. R:y:.-. - ... �.--�.p� �Sp .,j-v __ ----�- __Gy __________ �_. --� t,tl F ` MAN BOARD OF 9UPERVI90RS OF CNM Q=A COMM, CALIFUNIA )BOARD ACTION Claim Against the County, or bistriet ) NOTICE TO CLAD�lW May 20 1986 - governed by the Board of Supervisors, ) The copy a t 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 It/, below), to California Government Codes ) given pursuant to Government Code Section 913 and 915.4. Please note all Warnings". Claimant: Paul Alvarez �, ,, :. �i'C�t uwS@l Attorney: David Alexander Alexander, Millner & 11cGee ��R 1 b 1986 Address: 505 14th St. Ste. 880 Oakland, CA 94612 vidainez, CA 94W Amount: $250, 000 . 00 By delivery to clerk on Date Received: Ap r i 1 17 , 1986 By mail , postmarked an April 16 , 1986 Cert. P 724 765 49 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above-noted claim. Dated: Ap r i 1 18 , 1986 PHI, BATMELOR, Clerk, By _� ti Deputy n w e s II. FROM: County Counsel 10: Clerk of the Board of Supervisors (Check only one) (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to ecmply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. Clerk should return claim on ground that it was filed late and send Warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: Deputy County Counsel III. FROM: Clerk of the Board T0: (1) County Counsel, (2) County Administrator ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD WER 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 mi i tpiii.s date. , Dated: PHIL BATCFELOR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 91 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 an 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. FRM: Clerk of the Board 70: (1) County Cotnusel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardis 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 wa 1rn niin ngg ?of claimant's right to apply for leave to present a late claim was mailed DATED:to OM� �t19,, PHIL BATaMZR, Clerk, By , Deputy Clerk cc: County Administrator (2) County Counsel (1) •1 �r w CLAIM OF PAUL ALVAREZ AGAINST THE COUNTY OF CONTRA COSTA To: The Board of Supervisors CERTIFIED MAIL of Contra Costa County RETURN RECEIPT 651 Pine Street , Room 106 REQUESTED Martinez , California 94553 A. Date of Accident : February 18 , 1986 B. Claim for Personal Injuries Pursuant to Government Code Section 910 Notices concerning this claim are to be sent to David Alexander , Alexander , Millner & McGee, 505 - 14th Street , Suite 880 , Oak- land, California 94612-1406 . The claimant is Paul Alvarez , c/o Alexander , Millner & McGee, 505 14th Street , Suite 880 , Oakland , California 94612-1406 . On February 18, 1986 , claimant Paul Alvarez was in the old Martinez Detention Facility , located at 650 Pine Street , Martinez , California , during filming of a movie. He was present with the knowledge and consent of the County of Contra Costa. As part of shooting a scene for the film, claimant was sitting in a bottom bunk and another actor was sitting in the bunk above him. The bunk above collapsed under the weight of the other actor , so that the top bunk fell on claimant , seriously injuring him. Among his injuries caused by this incident was a broken bone in claimant ' s neck . The bunk above claimant was in a defective condition; under normal use, which it was receiving when it col- lapsed , it should never have fallen onto claimant . The County of Contra Costa failed to warn claimant of the dangerous condition which caused his injuries . Claimant has been injured , including a broken neck bone, and claims $250 , 000 damages for this injury. The name(s ) of the public employee or employees who caused the injury is not known . By: ' -,David F. Offen-Brown R ECEIVED on behalf of Claimant 11 1986 TCHELOR STA aWSORS OMty 1 a 1 PROOF OF SERVICE BY MAIL 2 Re: Claim of Paul Alvarez 3 4 I declare: 5 I am over the age of 18 and not a party to the within action. 6 I am employed in the County of Alameda , State of California . My 7 business address is 505 - 14th Street , Suite 880 , Oakland, Cali- 8 fornia 94612-1406 . On April 16, 1986, I served the within: 9 10 W 11 0 U 12 m CLAIM OF PAUL ALVAREZ AGAINST THE COUNTY OF CONTRA COSTA � < 0 13 W F D C o > o 14 W W C O u) un 15 W0Q � on the attorney(s ) of record and/or other interested parties by c � � 16 Z ° o placing a true copy thereof in a sealed envelope in the U.S. Mail , X 17 J 18 postage prepaid for FIRST CLASS mail addressed as follows : 19 The Board of Supervisors 20 of Contra Costa County 21 651 Pine Street , Room 106 Martinez , California 94553 22 Certified Mail #P 724 765 498 23 Return Receipt Requested J 24 I declare under penalty of perjury that the foregoing is true 25 and correct . Executed on April 16 , 1986 , at Oakland , California . 26 27 Karen Hollenbeck 28 BOARD of SUPERvzsc s cP* N ODSrA OOMM-a CALnMFW ► AM= 1laTICE TO C�►.AI�lAli'r 1-lay 20', 1986 Claim Against the County, or District } s t led to y is � governed by the Board of Supervisors, The am the action taken on ?o+a` by Routing Endorsemeynts, and Board of Supervisors (Parapaph IT. below), Action. All .section references ate } �� to California Government Codes ) given Pursuant to Govt CoSection 913 Code and 915.4. Please note all Warni. . . Claimantt Patrina Ann Aiello Attorney: Mark u. Scranton APR 2 p Transr^.ittal 1986 1200 Concord Ave. , Ste. 260 Address: Concord, CA 94520 martinca, CA 94553 Amount: $100,000. 00 + By delivery to clerk an April 24, 1936 Date Received: Ap r i 1 24, 1986 By mail, postmarked on I. FROM: Clerk o theoBoare aof bove-noted el,aim.rvisors TOz County Counsel ' Attached is a copy � , _. April i l 2 5 , 1986 pHIL BATCgELOR, Clerk, By \ ` Deputy Dated: ' y Knocr e II. FROM: County Counsel Thr Clerk Of a Supervisors (Check only one) (�(} This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS tocam����substantially acthsections 910 and tor 15 days CSeetion091�.and � we are so notifying claimant. hat It was ( } late rris not timely and send warni.ngiofdclaimanttslerk hrigbt to appy for uld return claim olea to Pound tPresent as late led claim (Section 911.3)• ( } Other: Dated; Deputy County Counsel Ili. FROM: .Clerk of the Board 70: (1) County Counsel, (2) County Administrator ( } Claim Was returned as untimely With notice to claimant (Section 911.3). IV. H0ARD WER 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 Qrder en in its minutes for this date. Dated: W 2 0 PHIL BA7CRIIAR, Clerk, By , Deputy Clerk WARNING (Gov. Code Section 9l ) Subject to certain exoeptions, you have only six (b) months from the date CC 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 oonneetion with this matter. If you want to consult an attorney, you should do so immediately. V. FHM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardts action on this claim by mailing a copy of this documents and a memo thereof has been filed and endorsed on the Hoard's copy of this Claim in a000rdanee with Section 29703. ( ) A warning of claimant's right to apply for leave to present a late claim was mailed DATED -198FAZE BATCHEtAR, perk, By sDeputy Clerk n � � � N p C 1 MARK E. SCRANTON' A Professional Corporation v 2 1200 Concord Avenue, Suite 260 ti` Q Concord, CA 94520 3 (415) 682-7777 4 Attorney for Claimant 5 6 7 BEFORE -THE BOARD OF SUPERVISORS 8 COUNTY OF CONTRA COSTA/SHERIFF' S DEPARTMENT 9 10 In the Matter of the Claim of RECEIVED 11 PATRINA ANN AIELLO ) APR ay 1996 Claimant 12 vs. ) P usArc►+EloR CLERK ARD F SUPEAVISORS NTRA STA CO 13 CONTRA COSTA COUNTY SHERIFF' S CLAIM FOR DEPARTMENT, ) (Govt. Code Section 910 et. seq . ) 14 Respondent. ) 15 ) 16 1 . I , MARK E. SCRANTON 17 the undersigned , present this claim for damages as a person acting 18 on behalf of the claimant . 19 2 . I desire notice relative to this matter to be sent to 20 my following business address : 1200 Concord Avenue , Suite 260 , 21 Concord, CA 94520 22 j 3 . The name and address of claimant are : PATRINA ANN l; 23 AIELLO, 1445 Aster Drive , Apt. 30 , Antioch, CA 94509 24 1 4 . The date and place of the occurrence that gave rise to 25 I this claim are as follows : 1/11/86 Antioch, CA 26 -1- 1 5. The circumstances of the occurrence which gave rise to 2 the claim are: The Claimant' s father, JACK MICHAEL AIELLO, was at his apartment in Antioch, CA, experiencing serious medical . emergenc 3 requiring medical treatment. A telephone call was made to Emergency Services 911 and an ambulance was requested. An unreasonable delay 4 in the arrival of the ambulance apparently occurred which may have contributed to the death of JACK MICHAEL AIELLO in failing to 5 promptly and reasonably get him to Los Medanos Hospital where emergency medical services were rendered and he .eventually died. 6 7 8 6 . A general description of claimant' s injuries, damages 9 and lossess incurred so far as is now known are as follows : The claimant, PATRINA .ANN AIELLO, has lost the society, companion- 10 ship, friendship, solace, and support of her father, JACK MICHAEL AIELLO. 11 12 13 14 7 . If known, the name(s) of the public employee(s) causing 15 said injuries, damages and losses is/are : Specific identities unknown. Suspected responsibility for delay of ambulance may be 16 due to acts or omissions on behalf of Sheriff' s Department employee with Delta Regional Communication Center and/or ambulance personnel 17 18 8 . The amount claimed as of the date of presentation of 19 this claim consists of general damages and special damages relative 20 to claimant ' s injuries and property damage and loss of use of same 21 in amounts unknown at this time but in the aggregate not less than 22 $100,000. 00 and exceeding the jurisdiction of the Municipal Court 23 of the State of California . Claimant reserves right to insert 24 said amounts when same are ascer ed 25 DATED : April 21, 1986 ignature of -C-1 mant or Person 26 Acting on behalf of Claimant MARK E . SCRANTON -2- 1 MARK E. SCRANTON A Professional Corporation 2 1200 Concord Avenue, Suite 260 Concord, CA 94520 3 (415) 682-7777 4 Attorney for Claimant 5 6 7 BEFORE THE BOARD OF SUPERVISORS 8 COUNTY OF CONTRA COSTA/SHERIFF'S DEPARTMENT 9 10 In the Matter of the Claim of ) 11 PATRINA ANN AIELLO, ) DECLARATION OF PRESENTATION Claimant, ) BY PERSONAL DELIVERY 12 vs. ) . 13 CONTRA COSTA COUNTY SHERIFF' S ) 14 DEPARTMENT Respondent. ) 15 I declare that: I am over the age of eighteen years and not 16 a party to the above claim. I am a citizen of the United States 17 and employed at the following business address : 18 SCRANTON LAW FIRM, 1200 Concord Ave. , Ste. 260 , Concord, CA 94520 .. 19 I presented the foregoing claim in person by delivering three 20 originals thereof to the Administrative Offices of the Contra 21 Costa County Sheriff' s Department, located at 651 Pine Street, 22 Martinez, CA 94553 , on April 21, 1986 . 23 I declare under penalty of perjury that the foregoing is 24 true and correct. 25 DATED: April 21, 1986 , at Concord, CA . 26 Z 27 28 CLUX BOARD OF SMWVI90RS OF O t� COSTA OOMM, CKMONIA BDARD ACTION Claim Against the County, or bistrict ) The copy TO CL AIKANT May 20 , 1986 governed by the Board of Supervisors, ) The Dopy a tMailed to you is your Routing Endorsements, and Board ) notice of the action taken an 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 rote all wWarnings*. Claimant: Erica P4cGriff CountV CoLinsel Attorney: Stephan C. Williams 190 N. Wiget Lane, Ste. 240 APR 21. 1686 Address: Walnut Creek, CA 94598 Amount: $455 , 000. 00 Martinez, CP. 94553 By delivery to clerk on Date Received: April 21 , 1986 By mail, postmarked on Anr i 1 19 , 1986 I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a. 00py of the above-noted claim. Dated: April 21, 1986 pHu, BATCHELOR. Clerk, By ,b Deputy now es II. FROM: County Counsel 70: Clerk of the Board of Supervisors (Check only one) This claim complies substantially with Sections 910 and0.2� aJ ( ) This clafm FAILS to cam an a substlly nth Sections 910 and 0.2, and we so notifying claimant. The Dpwd cannot act f9r 15 days (Section 910.8)JUA (X ) Claim is not timely filed. Clerk return claim on ground thait 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. FRONT: _ _ erk of the 70: (1) gunty Counsel, (2) County Administrator (X) Claim was returned as�untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of Supervisors present ( ) This claim is rejected in full. (x) Otr: Portion of claim not previously returned as uptime g filed is rejecr_Pd in full. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAY 9, n jagg, PHIL BATCHELOR, Clerk, By , Deputy Clerk iiARNDE (Gov. Code Section 913 Subject to oertain exceptions, you have only six (6) months from the date of this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You way seek the advice of an attorney of your choioe in connection with this Natter. -If you want to consult an attorney, you should do so immediately. V. FROM: Clerk of the Board 70% (1) County Counsel, (2) County Administrator Attached are copies of the above claim. We notified the claimant of the Boardts 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:_ MAY 9 9. !986 PHIL BATCHELOR Clerk, By " a�_, Deputy Clerk 00: County Administrator (2) County Counsel (1) t i of Board of Supervisors CCdra sof an Costa �° County Administration Building �� P.O. Box 911 Martinez, California 94553 C0JV Tom Pvwm,tst come lWcy C.Fohd r.Ind ownct IkOW I.fchrodw.Mrd grind wrgM Mepssr,Mh octan Tom ToAstson.W c sinct Erica McGriff % Stephan C. Williams 190 N. Wiget Lane, Ste. 240 Walnut Creek, CA 94598 N MCE RO C[AI14W ODT Late-FilR M ia) (Government Code Section 911.3) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa and/or District, ori �twasA'��prisbeing returned to you herewith becausnt thin 100 days after the event or oocurrence as required by law. (See Sections 901 and 911.2 of the Government Code.) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to-apply without delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code.) Under same circumstances, leave to present a late claim will be granted. (See Section 911.6 of the Government Code.) You may seek the advioe of an attorney of your choice in connection with this matter. If you desire to consult an attor- ney, you should do so immediately. TO BE FnIM IN BY RBE C LM OF THE Davo CMy IF ApP'LIC R=: Shoe a portion of your claim is not untimely, we are retaining a oopy of Your claim for Board action an that portion of your claim which is rot untimely. Pial Batchdor, Cierk of the Board of Supervisors•nd County Administrator By La2�� Deputy Clerk Date: May 2, 1986 *** Claim is not timely filed as to injury or damage occuring prior to January 12, 1986 . 1 Stephan C. Williams ATTORNEY AT LAW 2 190 N.WIGET LANE SUITE 240 WALNUT CREEK CA 94598 3 (415) 939-6822 4 5 ATTORNEY FOR Claimant ERICA McGRIFF 6 7 8 9 10 11 ERICA McGRIFF , ) 12 Claimant , ) CLAIM FOR DAMAGES [ Section 910 Of 13 VS. > LR-1CEIVED 14 COUNTY OF CONTRA COSTA, ) 15 Respondent ) APR ) I 1981 ) Il/ATCMELOR ' 16 ) ARG 9UPERV oR4TC08Ttv 17 10 THE BOARD OF SUPERVISORS of the Coun . L_.LL A `0 . 18 You are hereby notified that ERICA McGRIFF, whose address 19 is 635 Alhambra Street , Crocket , California, claims damages from 20 the COUNTY OF CONTRA COSTA, in the amount , computed as to the date 21 of the presentation of this claim, of $455 ,000 . 00 . 22 This claim is based on emotional distress damages sustained 23 by the claimant during the period of time commencing approximately 24 July 1 , 1984 , and continuing to February 15 , 1986 , and occurring 25 under the following circumstances : 26 The claimant was employed by the COUNTY OF CONTRA COSTA 27 in the Probation Department with her assignments being to Juvenile 28 Hall , located in Martinez , California. While engaged in her 1 employment at Juvenile Hall during the periods mentioned above , 2 claimant was subject to sexual harrassment and retaliation for re- 3 fusing to grant sexual favors on the part of her supervisor, KEITH 4 LYTLE. Said wrongful conduct of the said KEITH LYTLE , over a 5 period of time , inflicted on the clai_nant severe emotional distress 6 humiliation and embarrassment , all of which affected her work en- 7 vironment and ability to perform her work. 8 The injuries sustained by the claimant , as far as known, 9 consist of emotional distress damages . 10 The amount claimed, as of the date of the presentation of 11 this claim, is computed as follows : 12 Damages Incurred to Date: 13 Emotional Distress Damages - $ 250 ,000 . 00 14 Total Damages Incurred to Date - $ 250 ,000. 00 15 Estimated Prospective Damages : (as far as known) 16 Future Damages for Emotional 17 Distress - $ 100 ,000 . 00 18 Future Loss of Earnings - $ 50 ,000 . 00 (estimated) 19 Medical Expenses for Psychiatric 20 Treatment - (estimated) $ 5 ,000 . 00 21 Prospective General Damages - $ 50 ,000 . 00 TOTAL AMOUNT OF CLAIM AS OF THE DATE 22 OF PRESENTATION OF THIS CLAIM: $ 455 ,000 . 00 23 24 All notices or other communications with regard to this 25 claim should be sent to claimant in care of her attorney, STEPHAN 26 C. WILLIAMS , 190 North Wiget Lane, Suite 240 , Walnut Creek, 27 California , 94598. 28 -2- 1 Dated: 2 ' 3 4 STEP r C. WILLIAMS Attorney for Claimant 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- I PROOF OF SERVICE BY MAIL - CCP 1013a , 2015. 5 2 I declare: 3 I am a resident of the county of Contra Costa, California. 4 I an, over the age of eighteen years and not a party to the within 5 action; my business address is 190 North Wiget Lane , Suite 240 , 6 Walnut Creek , California. On April 18 , 1986 , I served 7 the within CLAIM FOR DAMAGES [Section 910� of Government Code] , 8 on the Interested Parties in said case, by placing a true 9 copy thereof enclosed in a sealed envelope with postage thereon 10 fully prepaid , in the United States mail at Walnut Creek, 11 California , addressed as follows: 12 13 CONTRA COSTA COUNTY Board of Supervisors 14 Administration Building Martinez, CA 94553 15 16 17 18 19 20 21 22 23 I declare under penalty of perjury that the foregoing is 24 true and correct and that this declaration was executed on 25 April 18 , 1986 at Walnut Creek , California. 26 27 : 1a�pY�- 28 JP ANDERSON k McCarthy and Leonard Attorneys at Law �Lr� 7027 Dublin Blvd. Dublin, California 94568 Brian McCarthy April 15, 1986 (415) 829.6500 John Leonard Board of Supervisors 805 Los Huntas Street Martinez, CA 94553 RE: Application to Public Entity for Leave to Present Late Tort Claim Moreland v County of Contra Costa Attention: Chairman, Board of Supervisors Please find enclosed an original and copy of an Application to Public Entity for Leave to Present Claim in the above-entitled matter. Would you please indicate date received and return a copy to us in the enclosed, self-addressed, stamped envelope. Thank you for your cooperation. Si ly, ` Brian McCarthy cl Encl: . 1 . 1 McCarthy and Leonard Attorneys at Law 2 7027 DUBLIN BLVD. DUBLIN,CALIFORNIA 94568 3 RECEIVED (415)829-6500 , 4 APR 3a 1986 5 ATTORNEYS FOR Plaintiff PHIL BATCHELOR CLERK BOA 11 f SUPERVISORS NTA TA 6 sy 7 8 9 In the Matter of the Claim of: 10 APPLICATION TO PUBLIC ENTITY JEFFREY PAUL MORELAND FOR LEAVE TO PRESENT LATE 11 TORT CLAIM against (Government Code Sections 12 911.4 and 911.6) COUNTY OF CONTRA COSTA 13 / 14 15 TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA 16 COSTA: 17 1. Application is hereby made for leave to present a late 18 claim under Section 911.4 of the Government Code. The claim is 19 founded upon a cause of action for personal injuries arising out 20 of an auto accident which occurred on May 17, 1983, and for which 21 a claim against the County of Contra Costa was not presented 22 within 100 days of the accident. For additional circumstances 23 relating to the cause of action, reference is made to the proposed 24 claim attached hereto as Exhibit A and made a part hereof. 25 2. The reason for the delay in presenting this claim is 26 mistake, inadvertence, surprise, and excusable neglect of the I claimant and his attorney as more particularly shown in the 2 declaration of BRIAN McCARTHY attached hereto. The County of 3 Contra Costa was not prejudiced by failure to file a claim 4 within 100 days of the date of the accident as' shown by said 5 declaration of BRIAN McCARTHY, attached hereto as Exhibit B and 6 made a part hereof. 7 3. This application is presented within a reasonable time 8 after the discovery by Plaintiff of facts giving rise to a cause 9 of action against the County of Contra Costa. 10 WHEREFORE, it is respectfully requested that this applica- 11 tion be granted and that the attached claim be received and 12 acted upon in accordance with Section 912 .4 - 912.8 of the 13 Government Code. 14 Dated: April 14 , 1986 15 McCARTHY & Li RD 16 17 BRIAN McCART18 On Behalf ofimant 19 20 21 22 23 24 25 26 2 II! I • I 1 McCarthy and Leonard AHnrnrys at Law 2 7027 DUBLIN BLVD. RECEIVED DUBLIN,CALIFORNIA 94568 3 (415829-6500 SEP 13, M5 4 NAl uTCHlo• Wtr• �t0 o/S6 f' WIS C itA COSI -,.,p 5 ATTORNEYS FOR Claimant 6 7 JEFFREY PAUL MORELAND, ) 8 Claimant, ) CLAIM FOR PERSONAL INJURIES AND PROPERTY DAMAGE 9 Against ) 110 COUNTY OF CONTRA COSTA ) 11 Defendant ) 12 TO: THE GOVERNING BODY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: 13 14 YOU ARE HEREBY NOTIFIED that the aforementioned Claimant whose 15 address is % McCarthy & Leonard, Attorneys -.at Law, 7027 Dublin 16 Boulevard, Dublin, California 94568, claims damages from the 17 County of Contra Costa in the amount computed as of the date of 18 presentation of the Claim of Four Hundred Thousand Dollars 19 ($ 400,000) . All notices or other communications with regard to 20 this claim should be sent to the Claimant in care of McCarthy & 21 Leonard, Attorneys at Law, 7027 Dublin Boulevard, Dublin, 22 California 94568 . 23 This claim is based upon the personal injuries sustained by 24 the Claimant on or about May 17, 1983 at the proximate location 25 of E1 Cerro Boulevard 150 feet east of E1 Cerro Court in the 26 City of Danville. Claimant discovered on or about August 20, 1985, F X f1IBf 1 that the County of Contra Costa was responsible for the roadway 2 via some contractual or quasi-contractual relationship with the 3 City of Danville. 4 Claimant, JEFFREY PAUL MORELAND, was a passenger in the 5 vehicle driven by BARRY WAYNE TYLER going eastbound on E1 Cerro 6 Boulevard approaching the intersection of E1 Cerro Court when the 7 vehicle in which Claimant was a passenger struck a raised center 8 divider on E1 Cerro Boulevard, rolled over, causing injury to the 9 Claimant. Claimant sustained a compound fracture of the right arm 10 as a result of his arm being dragged between the vehicle and the 11 road surface when the vehicle rolled over. The County of Contra 12 Costa negligently maintained, designed, failed to properly sign 13 and failed to properly stripe the roadway so as to warn approaching 14 vehicles of the existence of said median divider, all of which 15 Proximately caused or was a contributing proximate cause to the 16 Claimant' s injuries. The total amount of the claim as of the 17 date of presentation of the claim is computed as follows: 18 1. Special Damages to date of filing Claim in the approximate 19 amount of $15,000. 00; 20 2. General Damaged in the amount of $ 385,000. 00. 21 22 Dated: September 12, 1985 McCARTHY & LEONARD 23 24 By BRIAN McCARTHY 25 26 -2- y g A A 61 A 1 McCarthy and Leonard Attorneys at Lau) 2 7027 DUBLIN BLVD. DUBLIN,CALIFORNIA 94568 3 (415)829-6500 4 5 ATTORNEYS FOR Plaintiff 6 7 8 9 In ,the Matter of the Claim of: 10 JEFFREY PAUL MORELAND DECLARATION OF BRIAN 11 MCCARTHY against 12 COUNTY OF CONTRA COSTA 13 / 14 I, BRIAN McCARTHY, declare as follows: 15 1. I am an attorney at law duly licensed to practice 16 before all the courts in the State of California and am the 17 attorney of record for Claimant herein. 18 2. Claimant has a cause of action against the County of 19 Contra Costa based upon injuries sustained in an auto accident 20 which occurred May 17, 1983 in the City of Danville. 21 3. Claimant filed in a timely matter, through his counsel, 22 a claim for damages against the City of Danville, which claim was 23 denied in writing November 9, 1983. 24 4 . On or about August 20, 1985 I was informed by the 25 attorney representing the City of Danville in Contra Costa County 26 Action Number 259139 that the City of Danville had a written �: {IYrYY 1 agreement with the County of Contra Costa to maintain the roadway 2 on which the above referenced accident occurred. The City of 3 Danville has cross-complained in the above action against the 4 County of Contra Costa and the County of Contra Costa has appeared 5 in the above action as a cross-defendant. 6 5. In order that the County of Contra Costa is not 7 prejudiced by Claimant' s failure to file a claim within 100 days of 8 the date of the accident, since the County of Contra Costa is 9 already a party to the above-referenced action and a timely 100 10 day Claim was made against the City of Danville, providing for the 11 opportunity by that public entity to investigate the claim and 12 preserve all necessary evidence. 13 I declare under penalty of perjury that the foregoing is 14 true and correct and if called to testify could competently do so. 15 Executed on April 14 , 1986 at Dublin, California. 16 17 e 18 BRIAN MCCAR HY Attorney for Plaintiff 19 20 21 22 23 24 25 26 2 • APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT May 20, 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 GoverrYnent Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: Jeffrey Paul Moreland COUNY COunSel Attorney: Brian 'McCarthy APR 24 1986 McCarthy and Leonard Address: 7027 Dublin Blvd. Martinez, CR 94553 Dublin, CA 94568 Transmittal April 22 , 1986 Amount: Unspecified By delivery to Clerk on Date Received: April 22, 1986 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: April 23 , 1986 PHIL BATCHELOR, Clerk, By Deputy Uattiy 1&noWies 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: L /% VICTOR WESTMAN, County Counsel, ByJ&���puty 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: MAY 2 0 1986 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code $911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediatel . IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED.. MAY 2 21986 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 i • .0McCarthy and Leonard Attorneys at Law 7027 Dublin Blvd. I� Dublin, California 94568 Brian McCarthy April 15, 1986 (415) 829-6500 John Leonard Board of Supervisors 805 Los Huntas Street Martinez, CA 94553 RE : Application to Public Entity for Leave to Present Late Tort Claim Moreland v County of Contra Costa Attention: Chairman, Board of Supervisors Please find enclosed an original and copy of an Application to Public Entity for Leave to Present Claim in the above-entitled matter. Would you please indicate date received and return a copy to us in the enclosed, self-addressed, stamped envelope. Thank you for your cooperation. Sin ly, Brian McCarthy Cl Encl: 1 McCarthy and Leonard Attorneusat La it, C\ 2 7027 DUBLIN BLVD. DUBLIN.CALIFORNIA 94568 3 (415)829-6500 RECEIVED 4 APR 3a 1986 5 ATTORNEYS FOR Plaintiff PMILSATCMELOR CLERK SOARD OF SUS TA �$T6sy�,p.•li �Wty 7 8 9 In the Matter of the Claim of: 10 APPLICATION TO PUBLIC ENTITY JEFFREY PAUL MORELAND FOR LEAVE TO PRESENT LATE 11 TORT CLAIM against (Government Code Sections 12 911 . 4 and 911 .6) COUNTY OF CONTRA COSTA 13 / 14 15 TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA 16 COSTA: 17 1 . Application is hereby made for leave to present a late 18 claim under Section 911.4 of the Government Code. The claim is 19 founded upon a cause of action for personal injuries arising out 20 of an auto accident which occurred on May 17 , 1983 , and for which 21 a claim against the County of Contra Costa was not presented 22 within 100 days of the accident. For additional circumstances 23 relating to the cause of action, reference is made to the proposed 24 claim attached hereto as Exhibit A and made a part hereof. 25 2. The reason for the delay in presenting this claim is 26 mistake, inadvertence, surprise, and excusable neglect of the 1 claimant and his attorney as more particularly shown in the 2 declaration of BRIAN McCARTHY attached hereto. The County of 3 Contra Costa was not prejudiced by failure to file a claim 4 within 100 days of the date of the accident as shown by said 5 declaration of BRIAN McCARTHY, attached hereto as Exhibit B and 6 made a part hereof. 7 3. This application is presented within a reasonable time 8 after the discovery by Plaintiff of facts giving rise to a cause 9 of action against the County of Contra Costa. 10 WHEREFORE, it is respectfully requested that this applica- 11 tion be granted and that the attached claim be received and 12 acted upon in accordance with Section 912 .4 - 912 . 8 of the 13 Government Code. 14 Dated: April 14 , 1986 15 McCARTHY & LiClaimanqt RD 16 _17 BRIAN McCARTOn Behalf of 18 19 20 21 22 23 24 25 26- 2 1 McCarthy and Leonard AlDrpicus UBLI BL f RECEIVED 2 7027 DUBLIN BLVD. DUBLIN,CALIFORNIA 94568 3 (415)829-6500 SEP 131 1965 4 .M►. cwto. aEw @ .eo w wr� �;a�s c Iocosi ,,. 5 ATTORNEYS FOR Claimant 6 7 JEFFREY PAUL MORELAND, ) 8 Claimant, ) CLAIM FOR PERSONAL INJURIES AND PROPERTY DAMAGE 9 Against ) ) 10 COUNTY OF CONTRA COSTA ) 11 Defendant ) 12 TO: THE GOVERNING BODY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: 13 14 YOU ARE HEREBY NOTIFIED that the aforementioned Claimant whose 15 address is o McCarthy & Leonard, Attorneys at Law, 7027 Dublin 16 Boulevard, Dublin, California 94568, claims damages from the 17 County of Contra Costa in the amount computed as of the date of 18 presentation of the Claim of Four Hundred Thousand Dollars 19 ($ 400,000) . All notices or other communications with regard to 20 this claim should be sent to the Claimant in care of McCarthy & 21 Leonard, Attorneys at Law, 7027 Dublin Boulevard, Dublin, 22 California 94568 . 23 This claim is based upon the personal injuries sustained by 24 the Claimant on or about May 17, 1983 at the proximate location 25 of El Cerro Boulevard 150 feet east of El Cerro Court in the 26 City of Danville. Claimant discovered on or about August 20, 1985 , . :: 21 1 that the County of Contra Costa was responsible for the roadway 2 via some contractual or quasi-contractual relationship with the 3 City of Danville. 4 Claimant, JEFFREY PAUL MORELAND, was a passenger in the 5 vehicle driven by BARRY WAYNE TYLER going eastbound on El Cerro 6 Boulevard approaching the intersection of E1 Cerro Court when the 7 vehicle in which Claimant was a passenger struck a raised center 8 divider on El Cerro Boulevard, rolled over, causing injury to the 9 Claimant. Claimant sustained a compound fracture of the right arm 10 as a result of his arm being dragged between the vehicle and the 11 road surface when the vehicle rolled over. The County of Contra 12 Costa negligently maintained, designed, failed. to properly sign 13 and failed to properly stripe the roadway so as to warn approaching 14 vehicles of the existence of said median divider, all of which 15 proximately caused or was a contributing proximate cause to the 16 Claimant' s injuries. The total amount of the claim as of the 17 date of presentation of the claim is computed as follows: 18 1. Special Damages to date of filing Claim in the approximate 19 amount of $15 ,000. 00; 20 2. General Damaged in the amount of $ 385 ,000. 00. 21 22 Dated: September 12, 1985 McCARTHY & LEONARD 23 24 BRIAN MCCARTHY 25 26 -2- �� Jl 1 McCarthy and Leonard Attorneys at Lem 2 7027 DUBLIN BLVD. DUBLIN.CALIFORNIA 94568 3 (415)829-6500 4 5 ATTORNEYS FOR Plaintiff 6 7 8 9 In the Matter of the Claim of: 10 JEFFREY PAUL MORELAND DECLARATION OF BRIAN 11 McCARTHY against 12 COUNTY OF CONTRA COSTA 13 / 14 I, BRIAN McCARTHY, declare as follows : 15 1. I am an attorney at law duly licensed to practice 16 before all the courts in the State of California and am the 17 attorney of record for Claimant herein. 18 2. Claimant has a cause of action against the County of 19 Contra Costa based upon injuries sustained in an auto accident 20 which occurred May 17, 1983 in the City of Danville. 21 3. Claimant filed in a timely matter, through his counsel, 22 a claim for damages against the City of Danville, which claim was 23 denied in writing November 9, 1983. 24 4 . On or about August 20, 1985 I was informed by the 25 attorney representing the City of Danville in Contra Costa County ?.6 Action Number 259139 that the City of Danville had a written c 1 agreement with the County of Contra Costa to maintain the roadway 2 on which the above referenced accident occurred. The City of 3 Danville has cross-complained in the above action against the 4 County of Contra Costa and the County of Contra Costa has appeared 5 in the above action as a cross-defendant. 6 5 . In order that the County of Contra Costa is not 7 prejudiced by Claimant' s failure to file a claim within 100 days of 8 the date of the accident, since the County of Contra Costa is 9 already a party to the above-referenced action and a timely 100 10 day claim was made against the City of Danville, providing for the 11 opportunity by that public entity to investigate the claim and 12 preserve all necessary evidence. 13 I declare under penalty of perjury that the foregoing is 14 true and correct and if called to testify could competently do so. 15 Executed on April 14 , 1986 at Dublin, California. 16 17 P 18 BRIAN MCCAR HY Attorney for Plaintiff 19 20 21 22 23 24 25 24: 2