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. BDARD O WCORTJ.a7M O CWV ODSTA , ■
�ARb Aerm
Claim Against the County, or bistriet ) NOTICE TO C7.UUM June 10, 1986
governed by the Board of Supervisors, ) the copy a document W118a to you is Yaw
Routing DAorremexsts, and Board ) notice of the action taken oa your claim by the
Action. All Section references are ) Board of &V rdwm (Paragraph V. below),
to California Government Codes ) given Pa'auant to Government Code Section 913
- - and 915.4o please note all WarnIAWo
Claimants Frances ADeline Kremin et al
Attorneys Matthew J. Rinaldi County Counsel
Boxer, Elkind & Gerson
Address: 171 12th St. , Ste . 100 - MAY 0,4lggg;.' .
Oakland, CA 94607 d
' Amounts $1, 722. 50 By delivery to clerk on
Date Reoeivadt May 8 , 1986 By mail, postmarked an May 6 , .1986
Cert - i�P 082 294L 148
M: Elerk o the Board of Supervisors 70s County Counsel
Attached is a oopy of the above-noted claim. (
Dated: May 8 , 1986 pM BATCfiom9 Mark, By boJ" , Deputy .
C
FROM: County Counsel : Cl&k of of Supero sora
(Check only one)
(�() This claim complies substantially with Sections 910 and 910.2. -
( ) This claim FAILS to comply substantially with Sections 910 and 910.29 and we ora
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)•
( ) Others
Dated: Deputy County Counsel
III. FROM: &rk of the Hoard TOS (1) ty Counsel, (2) County Administrator
( ) Maim was retuned as untimely with notice to claimant (Section 911.3)•
IV, BOARD OFMV By unanimous vote of Supervisors pebaent
( X) This claim is rejected in full.
( ) Others
certify that this Iss -a true and oorreot copy o the Board'a Order WnNiQ in its
miru#A, fo iia date.
Dateds 1 019vu PM BATCHELOR, Clerk, By � %� , Deputy Clerk
BAWM (Gov. Code Section 913
Subject to certain exceptions, you have only six (6) months from the date at 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 may seek the advice of an attorney of your ehoioe in oornection with this
matter. If you want to consult an attorney, you should do so immediately.. .
V. FM: Mark of the Board 70s (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 29T03.
( ) A warming of nl_0antt3 right to apply for leave to present a late claim was mailed
to claimant. l
DATwi JUN 12 1286 PHIL BATOmmg Mark, By 1VVCJXA�� , Deputy Clerk
`I'1I�nII1I1 .p ..
,
1 MATTHEW J . RINALDI , ESQ.
BOXER, ELKIND & GERSON
2 171 - 12th Street , Suite 100
Oakland, CA 94607
3 TEL: (415) " 835-8870
4
Attorneys for Claimants
5
6
7
8 In the Matter of the Claim of )
9 FRANCES ADELINE KREMIN on her own ) CLAIM FOR PERSONAL INJURIES
behalf and as Admiministrator of ) AND DAMAGES
10 the Estate of FRED JUNIOR KREMIN, )
Deceased, )
11 )
Claimant, )
12
against the CITY OF RICHMOND )
13
14 TO THE CLERK OF THE COUNTY OF CONTRA COSTA BOARD OF SUPERVISORS, 651 Pine
Street, Room 106, Martinez, CA 94553:
15
CLAIMANT' S NAME: Frances Adeline Kremin
16
CLAIMANT' S ADDRESS : 2416 Paloma Street
17 Pinole, CA
18 ADDRESS TO WHICH NOTICES ARE
TO BE SENT: MATTHEW -;J . RINALDI , ESQ.
19 BOXER, ELKIND & GERSON
171 - 12th Street , Suite-. 100
20 Oakland , CA 94607
TEL: (415) 835-8870
21
DATE OF ACCIDENT: February 2 , 1986
22 "
LOCATION OF ACCIDENT: San Pablo Avenue, south of
23 Hilltop Drive, City of Richmond ,
County of Contra Costa, State
24 of California
25
26 RECEIVED
iOXER. MAY 1X386
'LK1ND
& IMI DATC dbi
C E OAPO SUPkR�:' r
iERSON INRA T
5 N �
T
1 HOW DID ACCIDENT OCCUR: On February 2 , 1986, decedent
Fred Junior Kremin was driving
2 southbound on San Pablo Avenue
Mr. Ray Barnett was driving
3 northbound on San Pablo Avenue
and crossed over the center of
4 the road and struck Mr.
Kremin' s vehicle, causing damag
5 to Mr. Kremin' s property and
injury to Mr. Kremin resulting
6 in his death. The roadway
in question contained a
7 dangerous condition of public
property in that the road was
8 improperly graded, improperly
maintained, there was a
9 failure to properly mark the
driving lanes, there was a
10 failure to provide proper
traffic signs, and there was
11 a failure to erect necessary
barriers.
12
13 DESCRIBE INJURY OR DAMAGE : The vehicle being driven by
Mr. Kremin, a 1969 Buick
14 ID NO. 494879H915739 , owned
by Francis Adeline Kremin and
15 Fred Junior Kremin was damaged
in the amount of $1, 722 .50 .
16 Mr. Kremin died as a result
of injuries sustained in the
17 accident.
18 NAME OF PUBLIC EMPLOYEES CAUSING
INJURIES OR DAMAGE, IF KNOWN: Unknown at this time.
19
ITEMIZATION OF CLAIM:
20
Property damage : $1 , 722 . 50
21 TOTAL: $1 , 722 . 50
22
23 DATED: May. 6 , 1986 BOXER, ELKIND & GERSON
24 �
MATTHEW J. RINALDI
25 Attorney for Claimant
26
BOXER,
ELKIND
& -2-
GERSON
LARD OF SUPERVISORS or Cam WSPA CONYeffim i u
• BOARD ACTION
Claim Against the County, or bistriat ) MMCE '1'0 MAIKAXT June .10, 1986
governed by the Board of Supervisors ) The copy of this document 20118a to you is 'your
Routing Endorsementa, and Board ) notice of the action taken an your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph No bels+),
to California Government Codes ) given pna-auant to Government Code Section 913
and 915.4. Please note_all 1rdaMIW.
Claimants Frances Adeline Kremin County Counsel
Matthew J. Rinaldi MAY 0 1966
Attorneys Boxer, Elkind & Gerson
171 12th St. , Ste. 100
Address: Oakland, CA 94607 Martinez, CA 94553
Amount: $1, 001 , 722. 50 By delivery to clerk on
Date Received: May 8 , 1986 By mail, postmarked an May 6 , 1986
r
51, 1AR
: Clerk o -the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: May 8 , 1986 PHIL BATCHELOR, Clerk, By �1(� o Deputy
II. : County Counsel : Clerk o Supery sora
(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 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: By: u_ tZ l Deputy ty Cotansel
III. FROM: , _ erk of the Board 70: (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
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct oo y of the Board's Order anUiQ in is
minutes for this date. \ t'
Dated: PHIL BATCHELOR 0 Clerk, By 10" `l stied , Deputy Clerk
WAMM G (Gov. Code Section 9111)
Subject to cartain ezoeptioav, you have only sing (6) months from the date of this
notioe was personally served or deposited in the nail 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 oonrmtion with this
•atter. 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 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 llas sailed
DATIDslil 1 unm
PAIL BATCHELOR, Clerk,.By l__ Deputy Clerk
i
1 MATTHEW J. RINALDI , ESQ.
BOXER, ELKIND & GERSON
2 171 - 12th Street, Suite 100
3
Oakland, CA 94607 T7 T
�CE Y ED
TEL: (415) 835-8870
4
Attorneys for Claimants MAY 1986
6 n Cl R PML Wjimao.
aC Av, ibPERi:C
l p •'!1 .i C T !f
7
8 In the Matter of the Claim of )
)
9 FRANCES ADELINE KREMIN, GREGORY ) CLAIM FOR PERSONAL INJURIES
D. KREMIN and ALAN KREMIN, heirs ) AND DAMAGES
10 of FRED JUNIOR KREMIN, Deceased )
11 Claimants )
)
12 against the CITY. OF RICHMOND )
)
13 TO THE CLERK OF THE COUNTY OF CONTRA COSTA BOARD OF SUPERVISORS, 651 Pine
14 Street, Ibom 106, Martinez, CA 94553:
15 CLAIMANTS ' NAMES: Frances Adeline Kremin, Gregory D.
Kremin and Alan Kremin
16 CLAIMANTS ' ADDRESS : 2416 Paloma Street
17 Pinole, CA
18 AMOUNT OF CLAIM: $1 ,001 , 722 . 50 plus medical and
incidental expenses and loss of
19 earnings
20 ADDRESS TO WHICH NOTICES
ARE TO BE SENT: MATTHEW J. RINALDI, ESQ.
21 C/O BOXER, ELKIND & GERSON
171 - 12th Street , Suite 100
22 Oakland, CA 94607
TEL: (415) 835-8870
23 DATE OF ACCIDENT: February 2 , 1986
24 LOCATION OF ACCIDENT: San Pablo Avenue, south of Hilltop
25 Drive, City of Richmond, County
of Contra Costa, State of Calif-
26 ornia
BOXER.
ELKIND
GERSON f
r.
-r
1 HOW DID ACCIDENT OCCUR: On February 2, 1986, decedent
Fred Junior Kremin was driving
2 southbound on San Pablo Avenue.
Mr. Ray Barnett was driving
3 northbound on San Pablo Avenue
and crossed over the center of
4 the road and struck Mr. Kremin'
vehicle, causing damage to
5 Mr. Kremin' s property and
6` injury to Mr. Kremin resulting
in his death. The roadway
7 in question contained a
dangerous condition of public
8 property in that the road was
improperly graded, improperly
9 maintained, there was a
failure to properly mark the
10 driving lanes, there was a
failure to provide proper
11 traffic signs , and there was a
failure to erect necessary
12 barriers .
13 DESCRIBE INJURY OR DAMAGE: Mr. Kremin' s vehicle suffered
damage in the amount of
14 $1, 722 . 50 . Mr. Kremin died
as a result of injuries
15 sustained in the accident.
16 NAME OF PUBLIC EMPLOYEES
CAUSING INJURIES OR DAMAGE,
17 IF KNOWN: Unknown at this time .
18
ITEMIZATION OF CLAIM:
19
General damage : $110001000 . 00
20
Damage to Vehicle : 1 , 722 . 50
21 Medical or Incidental
22 Expenses : _ Unknown at this time
23 Loss of Earnings : Unknown at this time
24 TOTAL: $1 , 001 , 722 .50 plus medical
and incidental expenses and
25 loss of earnings .
26 DATED: May 6 , 1986 BOXER, ELKIND & GERSON
BOXER, By
ELKIND MATTHEW J. RINALDI
& Attorney for Claimants
GERSON
ap.,. -2-
CLUX
BOARD OF WPffityI90RS OP CO MMI COWff CALI!'Qdil_A
mm Acnw
Claim Against the Counnty, or District ) HMCB ZU C1.A4lA1PP June 10 ' 198'6
governed by the Board of Superviscre, ) The copy or this domzmt malled to you is your
Routing Endorsements, and Board ) notice of the action taken an Your clais by the
Action. All Section references are ) Board of Supervisors (Paragraph IVs mow),
to California Government Codes ) given pursuant to Government Code Section 913
_ - and 945.4• Please note all ■NarnirgsWe
Claimant: Dennis D. Starsiak
Attorney:
Address: 5513 Pamplona Ct .
Concord, CA 94521 H&
dd del 'vered
Amounts $63. 14 By �elivery 'to clerk Cn.. May 9 , 1986
Date Reoeived: May 9 , 1986 By tel, postmarked on
: --clerk of the 5Z;3 of Supervisors T0: County
Attached is a copy of the above-noted claim.
Dated: May 9 , 1986 RM BATCHELOR, Clerk, By , . v�1� Deputy
II. : County Couns 70: Marko Supery sots
(Check only one)
(X) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to omnply substantially with Sections 910 and 910.2, and we ars
so notifying claimant. The Board cannot act for 15 days (Section 940.B)..
( ) 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: \ f Deputy County Counsel
III. FROM: - erk of the Board T0: (1) CcVmty Cotmel, (2) County Administrator,
( ) Claim was returned as untimely with notice to claimant (Section 911.3)•
IV. BOARD CFC Ot By unanimous vote of Supervisors present
(k) This claim is rejected in full.
( ) Other:
I certify that this is a true and correct Cop .of the Board's Order entered in is
i�
minutes for this date. if)
Dated:
Dated: JUN 10 ljub PHIL BATMMOR, Clerk► By Tyv'gC �,,,`�� , 'Deputy Clerk
HATSM (Gov. Code Section 943)
Subject to oertain ezoeptions, you have only six (6) months from the date of this
notice Was personally served or deposited in the steal 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 oormaction with this
natter. If you Want to consult an attorney, you should do so 'LuDediately,
V. PXH: 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'a
action an this claim by mailing a oopy of this document, and a memo thereof has been filed
and endorsed on the Hoard's copy of this Maim in acoordanoe With Section 29703•
( ) A warning of claimant's right to apply for leave to present a late Claim wassailed
DATED:' J n t 1986 Pt�L RATDEk M 9 Clerk, Kvwv\ *k� , Deputy Clerk
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Ihs.tru6t'ions 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, Martjnez, 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
37f—this form.
RE: Claim by ) Reserved for Clerk' s filing stamps
PENNI S D. STARSIAK )
SS; -7 PAm PIo:_,R (-T- Cc,MC&a p Ca ; R]E Tfy �D
Against the COUNTY OF CONTRA COSTA) MAY 9 , 1986
11: Id
or DISTRICT) waL OATC
(Fill in name) ) s+n "c " c"o�es
p
The undersigned claimant hereby makes claim against tfig County •of Contra
Costa or the above-named District in the sum of $
and in support of this claim represents as follows:
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
y-ic- KG 3: fS1?n� $ee a F• sTl�e,�cN%_
------ ---------------- - - ---------- -----------------------
--- ----
2. Where did the damage or--in--jury-- occur? (Include city and county)
LPs TuhTas SJ- (� ARJ_�NeZCCf_-- C-A---- sQq- (� 1� A Ti+ ,er�etiiT-
s' T
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
mT� T
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
See
(over)
5. What are the names of count or district officers,
1, employees causing the damages or injury?
VL_$� SSS j Lic. E ) N $3 -7 `15- PAIvQ OF bAri MAkNJ Md�K
----- ----- ------
--------------------- ----------�--------
6. What amage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
sTi 1, Te z 6 3
------ -----------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
-------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury.:
DATE-- "" "�"�'i ITEM AMOUNT
1 'AVFl:� lS.�
_-�= -------u--- 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
Claimant' s Signature
.,�5 1 3 �li c� ct '
Address
Telephone No. Telephone No. ( 79 - w 607
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
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APPLICATION TO FILE LATE CLAIM - 0 1
y��BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ,
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT June 10, 1986
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: Mark and Jacqueline Thomas
t��unty G�ic�se{
Attorney: Robert Thompson MAY 1 a 1986
Thompson & Michel Martinez, GA 94553
Address: 3500 American River Drive, #101
Sacramento , CA 95864
Amount: $350, 000 . 00 By delivery to Clerk on
Date Received: May 14, 1986 By mail, postmarked on May 9 . 1986
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Applica ion to File ate Cl( rkClaim..,
DATED: May 15 , 1986 PHIL BATCHELOR, , By �v deputy
CathyK w es
II. FROM: County Counsel TO: Cler the Board of Supervisors
( ) The Board should grant this Application to File Late Claim .(Section .911 .6).
(X) The Board should deny this Application to File Late Claim (Secti n. 91.1.6).
DATED: * B3(,CTOR WESTMAN, County Counsel, B _L u C —Heputy
III. BOARD—ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
( X) This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: JUN 10 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 immediately.
IV. FROM. Clerk of" the" Board T0: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Boards copy of this Claim in accordance with Section
29703. (�
DATED: JUN 121986 PHIL BATCHELOR, Clerk, By Deputy
V. FROM: (1)-County Counsel 2 County Administrator : 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
1 THOMPSON & MICHEL
A Professional Corporation
2 3500 American River Drive, #101
Sacramento, California 95864
3 (916) 488-7300
4 Attorneys for Claimants
5 RECEIVED
6 MAY 14 1986
7 PHIL BAT HE OR
LEAK RRD O S A RVI$
8 IN THE MATTER OF THE CLA L
9
10 MARK and JACQUELINE THOMAS, APPLICATION FOR LEAVE
TO PRESENT LATE CLAIM
11 vs. ON BEHALF OF MARK AND
JACQUELINE THOMAS
12 COUNTY OF CONTRA COSTA
l
13
TO THE BOARD OF SUPERVISORS OF THE CONTRA COSTA COUNTY,
14 CALIFORNIA:
15 1. Application is hereby made, pursuant to Government
16 Code Section 911.4 et seq. , for leave to present a late claim
17 founded on a cause of action for personal injuries and a loss
18 of consortium, which were sustained on September 17, 1984, and
19 in which claimants could not reasonably discover their claim
20 against the County of Contra Costa until January 21, 1986.
21 Claimants submitted a claim to the County on April 3, 1986;
22 however, this claim was returned to claimants, through their
23 counsel. In its "Notice to Claimant of Late-Filed Claim", the
24 County of Contra Costa noted that a portion of claimants' claim
25 was not untimely and therefore a copy of the claim was retained
26 for Board action; however, it was not specified what portion of
27 the claim, in the County's opinion, was untimely. Therefore,
28 clamaints are presenting this application for leave to present
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1 a late claim.
2 2 . The failure to present this claim within the 100 day
3 period specified by Section 911 of the Government Code, is
4 based on the fact that claimants acted with reasonable
5 diligence in pursuing their claim and reasonably believed that
6 the responsible entity/employee was not a public agency by
7 reason of its representations. Claimants were. led to believe
8 that Dr. Boe, the responsible employee, was at all pertinent
9 times -solely employed by Kaiser Hospital, when in fact, he was
10 a resident from Contra Costa County. For additional
11 circumstances relating to the cause of action, and claimants
12 inability to discover the cause of action until January 21,
13 1986, reference is made to the proposed claim attached to this
14 application.
15 3. The address to which notice is relating to this
16 application are to be sent to the following:
17 c/o THOMPSON & MICHEL
18 A Professional Corporation
19 3500 American River Drive, Suite 101
a
20 Sacramento, California 95864
t
21 WHEREFORE, it is respectfully requested that this
22 application be granted and that the attached proposed claim be
23 received and acted on in accordance with Sections 912 .4-913 of
24 the Government Code.
25 DATED: May 9, 1986 THOMPSON & MICHEL
A Profe sional Corporation
26
ot
27
By: Robert M. Thompson
28
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I catheterizations.
2 8. The claimant estimates that the damages resulting
3 from this injury in the form of medical expenses, loss of
4 earnings, both past and future, and other general and special
5 damages will be in the sum of $350 ,000.
6 9. The total amount claimed as of the date of the
7 presentation of this claim is $350,000.
8 DATED: March 31, 1986 THOMPSON MICAEL
A Profes nal Corporation
9
10
By: o ert M. mpson
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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1 Furthermore, Dr. Boe's reaching outside the uterus caused an
2 avulsion to the bladder. This act was performed under the
3 supervision of Dr. J. G. Smith, Chief of the Department of
4 OB/GYN at Kaiser Hospital, Vallejo, California. Prior to Dr.
5 Smith's deposition claimant could not ascertain who actually
6 caused the separation from the urethra and avulsion to the
7 vagina, since various medical practitioners were involved.
8 The medical records pertaining to this incident did not
9 indicate who actually caused the separation from the urethra
10 and avulsion to the vagina. Claimants further did not know
11 until Dr. Smith' s deposition that Dr. Boe was also employed by
12 Contra Costa County, as well as Kaiser at the time of the
13 cesarean section.
14 6 . The public employee causing claimant' s injuries was
15 Dr. Stephen Boe, under the supervision of Dr. J.G. Smith and
16 other Kaiser physicians.
17 7 . The injuries sustained by claimant JACQUELINE THOMAS,
18 as far as are known at this time, are as follows: a '
19 separation of the urethra from the bladder and a laceration of
20 the vagina, requiring repair of the laceration and the vagina,
I
21 repair of the rent in the bladder, a bilateral ureteral
22 neocystostomy and reconstruction of the bladder neck.
23 Furthermore, a total abdominal hysterectomy was performed as
24 part of the remedial measures after the separation in the
25 bladder and avulsion to the vagina. Claimant JACQUELINE
26 THOMAS has had, and continues to have bladder-related
27 problems, and may require further surgery on her bladder. She
28 is having problems with the vagina and cervix area, requiring
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1 1986 , for the reasons set forth below.
2 4. On or about September 16, 1984, JACQUELINE THOMAS was
3 admitted to Kaiser Hospital in Vallejo, California for the
4 purpose of delivering her second child. At that time, Kaiser
5 Hospital and Dr. Stephen Boe, who claimants are informed and
6 believe was a Resident from Martinez County Hospital from the
7 County of Contra Costa, undertook to provide claimant
8 JACQUELINE THOMAS with such care and attendance as claimant
9 might require while she was a patient in the Kaiser Hospital,
10 Vallejo , California.
11 5. While claimant, JACQUELINE THOMAS was a patient in
12 that hospital, an election was made for trial labor; however,
13 this was unsuccessful, and a cesarean was performed on or
14 about September 17, 1984. JACQUELINE THOMAS only discovered
15 for the first time, during Dr. J.G. Smith' s deposition, on
16 January 21, 1986 , that Dr. Stephen Boe, rather than Dr. Smith,
17 initially attempted to deliver the baby' s head. Dr. Smith,
18 Dr. Boe and several other medical practitioners assisted in
19 delivering the baby. During Dr. Smith' s deposition, he
20 testified that Dr. Boe was the medical practitioner that
21 initially reached inside the vagina and, most probably,
22 reached outside the uterus, rather than inside it, in
23 delivering the baby. Dr. Smith testified that as Dr. Boe was
24 lifting the baby' s head out, Dr. Boe advised that he was
25 having difficulty doing so. At that point Dr. Smith began to
26 assist Dr. Boe and actually delivered the baby. Dr. Smith
27 testified that in all probability when Dr. Boe reached outside
28 the uterus the urethra became separated from the bladder.
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1 THOMPSON & MICHEL
A Professional Corporation
2 3500 American River Drive, #101
Sacramento, California 95864
3 (916) 488-7300
4 Attorneys for Claimants
5
6 �.
� � @I
7 1 Eli
8 IN THE MATTER OF THE CLAIM 0 APR
0 �-�-
PHIL BATCHELOR
g CLERK "^ARU r UPERVISO S
ToA STA CO
/V
10 MARK and JACQUELINE THOMAS,
11 vs. CLAIM AGAINST PUBLIC
ENTITY
12 COUNTY OF CONTRA COSTA
/
13
14 JACQUELINE and MARK THOMAS, claimants, hereby present
15 this claim to Contra Costa County pursuant to Section 901 and
16 Section 910 of the Government Code.
17 1. The address of the above-named claimants is as
18 follows : 25 Monte Vista Avenue, Vallejo, California, 94590 .
19 2. The address to which claimants desire notice of this
20 claim to be sent is as follows :
21 c/o THOMPSON & MICHEL
22 3500 American River Drive, Suite 101
23 Sacramento, California 95864
24 3 . This claim is based on personal injuries sustained by
25 JACQUELINE THOMAS on September 17, 1984 and loss of consortium
26 by a MARK THOMAS on the same date at Kaiser Hospital, Vallejo,
27 California. Claimants could not reasonably discover their
28 claim against the County of Contra Costa until January 21 ,
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