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HomeMy WebLinkAboutMINUTES - 03241987 - 1.15 /S APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT March 24, 1987 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: ELIZABETH ANN MARTINEZ, BY AND THROUGH HER CONSERVATOR 4WJFfff �JJ -EZ C/o Melvin M. Belli, Sr. Esq. Attorney: Law Offices of Melvin M. Belli , Sr. MAR,0 5 1981 722 Montgomery Street Address: San -Francisco, CA 94111 Martinet, CA 94553 Amount: Unspecified By delivery to Clerk on February 26, 1987 Date Received:February 26, 1987 By mail, postmarked on no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application toit Lat Claim. DATED: March 4, 1987 PHIL BATCHELOR, Clerk, By � � Deputy L. Hall 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 LateClaim (Section 911.6). DATED: �t / AN RCTOR WESTM , County Counsel, By_�JC �_ ,��,C��Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). 0 This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: MAR 2 41987 PHIL BATCHELOR, Clerk, ByV/-)16/, Deputy WARNING (Gov. Code 5911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of 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 attorne 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 Boards action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: MAR 2 5 1987 PHIL BATCHELOR, Clerk, By �C 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 J . wrNl�.w R ECEIVED 1 LAW OFFICES OF MELVIN M. BELLI , SR. f" � Z 117 2 MELVIN M. BELLI , SR. ESQ. 722 Montgomery Street amm4=CW `m„� 3 San Francisco, CA 94111 Waylk Co. (415) 981-1849 ""' "' .. 4 5 6 CLAIM OF ELIZABETH ANN MARTINEZ, APPLICATION FOR LEAVE 7 by and through her conservator TO PRESENT LATE CLAIM ESTHER MARTINEZ ON BEHALF OF CLAIMANT 8 V. [Government Code §911 .41 CONTRA COSTA COUNTY PROBATION 9 DEPARTMENT, 10 11 LL�' 12 o =�¢ TO THE CONTRA COSTA COUNTY PROBATION DEPARTMENT: V S2 M 0 13 U a LL mfO LL � SON � ° J'" 14 3 •.. W o a Ja 1 . Application is hereby made, pursuant to Government Code �N 15 §911 . 4 , for leave to present late claim founded on a cause of 16 action for personal injuries which occurred on or after September 17 28, 1985, for which a claim was not presented within the one 18 hundred (100) day period provided by §911 . 2 of the Government 19 Code. For additional circumstances relating to the cause of 20 action, reference is made to proposed claim attached to this 21 22 application. 23 2 . The reason that no claim was presented during the period 24 of time provided by Government Code §911 . 2 is that claimant, 25 ELIZABETH MARTINEZ, by and through her Conservator, ESTHER 26 �� MARTINEZ, had no knowledge of, or prior experience with, claim 1 procedures, and was for an extended period of time unaware of the 2 fact that she might have a claim against a g g government entity .until 3 January, 1987 . Further, claimant was unaware of the grounds for 4 her claim against the Probation Department until information was 5 presented during the course of a criminal trial involving Donald 6 Carroll, in January, 1987, that he was, at the time of the 7 incident, under the supervision, management and control of the 8 Probation Department at the time of the incident, as alleged in 9 claimant ' s claim. Claimant was also incapacitated for a lenghtly 10 period of time following the September, 1985 attack, which 11 prevented her from otherwise acting on her claim. o�=¢u 12 y - oy; 3 . This application is being presented within a reasonable W cu �>4 V o4 �i6 13 U. !2,0 o log time after the accrual of this cause of action. W04 14 ? =2LL WHEREFORE, it is respectfully requested that this application ~�z 15 be granted and the attached proposed claim be received and acted 16 on in accordance with §§912 .4-913 of the Government Code. 17 DATED: February 1987 18 LAW OFFICES OF MELVIN M. BELLI , SR. 19 20 ` By * 21 MELVIN M. BELLI SR. , Esq . 22 Attorneys for Claimant 23 24 25 26 A p p l i c a t i o n f o r L a t e C l a i m - 16 3 2 F - p 2 r CLAIM AGAINST COUNTY OF CONTRA COSTA PROBATION DEPARTMENT CLAIMANT'S NAME: ELIZABETH ANN MARTINEZ by and through her conservator, ESTHER MARTINEZ CLAIMANT' S ADDRESS: c/o LAW OFFICES OF MELVIN M. BEiLi MELVIN M. BELLI , SR. Esq. 722 Montgomery Street San Francisco, CA 94111 (415) 981-1849 AMOUNT OF CLAIM: $9 , 000, 000 : 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT: MELVIN M. BELLI , SR. LAW OFFICES OF MELVIN M. BELLI 722 Montgomery St . San Francisco, CA 94111 DATE OF INCIDENT: September 28, 1985 LOCATION OF INCIDENT: Highway 4 , Pittsburg, California HOW DID IT OCCUR: Claimant was driving home from work when she was shot in the neck by Donald Carroll who was travelling in another vehicle. Mr . Carroll was, at the time, on probation with your department, and the Adult Division of the Probate Department of Contra Costa County and under that department ' s supervision and control . The Probate Department failed to protect, caution or warn of the dangerousness of Mr . Carroll and/or failed to properly supervise, manage, direct, control , report on, monitor, maintain, and/or fulfill its mandatory duties towards Mr . Carroll and to protect others, such as claimant, who was injured by the violent acts of Mr . Carroll and otherwise failed to take action that would protect citizens from any acts of violence committed by Mr. Carroll . Claimant was rendered incapacitated and was unaware of the wrongful acts of the Probation Department until a criminal trial in this matter that took place in or about January 1987 . DESCRIBE DAMAGE OR INJURY: Claimant suffered crushing injury to her spinal cord. She has been rendered a C-2 quadriplegic who is ventilator dependent . NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Unknown at the present time. . e ITEMIZATION OF -DAMAGES: General Damages $5, 000, 000 . 00 Hospital and medical expenses $4 , 000, 000 . 00 and continuing . Present and future wage loss not yet known Signed by or on behalf of Claimant MELVIN M. BELLI , Dated: February 26, 1987 C i a i m A g a i n s t C t y o f C o n t r a C o s t a P r o b a t i o n D e p t . - 1 6 1 9 F—p g . 2 ' r CLAIM 'a BOARD OF SUPEQVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION ,the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 24, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $56,494. 00 Section 913 and 915.4. Please note all "Warning S; CLAIMANT: JOHN A JOHNSEN c/o Robert D. McCloskey MAR,0 51987 ATTORNEY: A Law Corporation 125 12th St. #100 Date received Martinez, CA 945,53 ADDRESS: Oakland, CA 94607 BY DELIVERY TO CLERK ON February 27, 1987 BY MAIL POSTMARKED: February 25 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk DATED: March 4, 1987 fib: Deputy . , L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) 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. The 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: //� �f � / BY: ( c �lG�� y County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the 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. MAR 2 41987 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 this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAR 2 5 1gA7 BY: PHIL BATCHELOR by V 9��_'DeputyClerk CC: County Counsel County Administrator r..1 - - RECEIVED 1 Claim of JOHN A. JOHNS2 vAIM AINST PUBLIC ENTITY 3 COUNTY OF CONTRA COSTA, a v ant Code Sections 910 , subdivision of the State • 2 ) 4 California; NANCY BIGLOW McKINNON l 5 NAME AND ADDRESS OF CLAIMANT JOHN A. JOHNSEN 165 Oddstad Drive, #25 6 Vallejo, California 94589 7 SEND ALL NOTICES TO Robert D. McCloskey A Law Corporation 8 125 12th Street, Suite 110 Oakland, California 94607 9 (415) 893-6262 10 DATE AND PLACE OF OCCURRENCE January 29, 1987 Fitzgerald Drive 11 Pinole, California 12 NATURE OF INJURY OR DAMAGE AS OF DATE OF THIS CLAIM Personal injuries , primarily to abdomen 13 and genital-urinary tract; property damage 14 15 COMPUTED AMOUNT CLAIMED AS OF DATE OF THIS CLAIM General damaces : $50,000.00; medical ex- 16 senses incurred to date: $2700.00; loss of earnings to date: $594.00; property 17 damage: $3200.00; loss of use: reasonable vi.lue; future medical exoenses,and loss 18 NAMES OF PUBLIC EMPLOYEES o earnings: unKnown at this time CAUSING THE INJURY OR DAMAGE NANCY BIGLOW McKINNON 19 20 CIRCUMSTANCES OF OCCURRENCE On or about January 29, 1987, NANCY BIGLOW McKINNON was driving and operating a certain motor vehicle, 21 described as a 1975 Plymouth Valiant automobile, owned by the COUNTY OF CONTRA COSTA, with the knowledge, consent, and permission of the COUNTY 22 OF CONTRA COSTA. At said time and place NANCY BIGLOW McKINNON negligent) drove and operated said vehicle in a general southerly direction from a 23 private driveway into Fitzgerald Drive, so as to cause a collision with the 1985 Kawasaki Ninji m cycle being driven by claimant, JOHN A. 24 JOHNSEN, in a general west r re ti n n an ald Drive. 25 Dated: Robert D. McClosk y on Beha of Claimant 26 27 Receipt of the within claim in duplicate is hereby acknowledged on this day of 19 28 r PROOF OF SERVICE BY MAIL — CCP 1013a, 2015.5 1 1 declare that: 2 I am(jtiemployed in)the county of . . . . . . . . . . . . . . .Alameda . . , . . . . . . . . . . , , . , . . . , , . ,California. ICOUNTY WHERE,MAILING OCCURRED) 3 1 am over the age of eighteen years and not a party of the within entitled claim, my (business h =)address is: 4 125 12th, ,Street,,, , Sk.i,te, ,110,, ,Qak,I,and,, .Califorj►.�a. ,9.460.7. . . . . . . . . . . . . . . . . February 25, 1987CLAIM AGAINST 5 On. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I served the attached. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (DATE) 6 PUBLIC ENTITY erre arties 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . onthe. . . . . . .adV. P. . . . . . . . . . . . . . .. . 8 in said claim, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 9 United States mail at . . . . . . . . . . . . . .Oakland, .California, . , , , . , , , , . , , . , , , . , addressed as follows: 10 Contra Costa County Clerk County Courthouse 11 Court & Main Streets P. O. Box 911 12 Martinez , California 94553 13 Nancy Biglow McKinnon County of Contra Costa 14 Social Services 525 2d Street 15 Rodeo, California 94572 16 17 18 19 20 21 — 22 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that 23 this declaration was executed on 24 Febxuary. .2.5,. .19.87. . . . . . . . . . . .at . . . . . . . . .Oakland. . . . . . . . . . . . . . . . . . . . . .California. IDATEI IPLACE) 25 26 Delores A. Lopez ,fid (TYPE OR PRINT NAME) SIGNAT RE BARON PRESS FORM NO,22 REV.AUGUST 1981 If CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 24, 1987 and Board `Action. All Section references are to ) The copy of this document mailed to you is your notice of Caliifornia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount. $290 . 93 Section 913 and 915.4. Please note all "Warrli ipddnty Counsel CLAIMANT: STACY BANTA f_r B 757 E1 Patio 2 8 1987 ATTORNEY: E1 Sobrante, CA 94803 Vartine2 Date received ' CA 94553 ADDRESS: BY DELIVERY TO CLERK ON February 24, 1987 BY MAIL POSTMARKED: February 23 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �aIL gATCHELOR, Clerk DATED: February 24, 1987 : Deputy L. a II. FROM: County Counsel TO: Clerk of the Board of Supervisors (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. The 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). 1 ) Other: Dated:l i 2�c `c',� /y� BY: -X­0uty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the 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 datAfAR 2 4 �987 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 this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: *MAR 2 5 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 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 ) Reserve in stamps RECEIVE FES 2 4 1987. Against the COUNTY OF CONTRA COSTA) or DISTRICT) Li C� (Fill in name) ) The undersigned claimant hereby makes claim against the Cau t�y of Contra Costa or the above-named District in the sum of $ �� and in support of this claim represents as follows: ' --------------- -damage---------- --y--------------------------------------- l. When did the or injury occur (Give exact date and hour) ------ ------ --------------------------------------------------------- 2. Where did the damage or injury occur? (Include city and count ) ------- --------------------------- ------------------------------------ 3. How ie -ddthdamage or injury occur? (Give fuZZ details, use extra sheets if required) 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (ove ) � ����p.,,a�- �� � >�? Qom— m 5. ,Wh at are the names of county or district officers; ::ser ants :ter � It ewes ca��us`i�ng the damage or injury? �CL-IIT ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent . of injuries or damages claimed. Attach two estimates for auto • damage) dgr,-Q_, to crrl� 4 `��• ��.�-� Qom. cxNd-k6..a.. -- �� - - -------=--------------------------- 7. ow was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) 8--. N-----ames------and---addresse-------sp---of-----witnesses------,--docto�----------d-hit--------als--.------------- _ . js -- ------------------------------------------------------ 9. L res you made on account of this accident or injury: Wi ITEM AMOUNT OW)44. •.,L4?�Ylr t'+s,'nf Ki r1N'.1h eN� + Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTY.:CES- T6:, (Attorney) or by some person on his behalf. " Name and Address of Attorney C1 Signature ddress Telephone No. Telephone `No.' �-���r[ ************************************************************************** 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. " WORK ORDER and/or PRICE QUOTATION D © BELTED� NON BELTED RETREADS B ova RAD 8 $ @s FET EA. 1 NEW TIRES B W ' C� 1 @ s FET EA. NEW TUBES&VALVES(RUBBER/STEEUCHROME) USED TIRES(30 DAY FREE REPLACEMENT) BALANCING—COMPUTER—STATIC @$ ea. MISC. LABOR—MOUNTING FLAT REPAIR(FOR LIFE OF TIRE) ROTATION(EVERY 5,000 MILES) ALIGNMENT(6 MONTHS WARRANT��Y) Z15 .99 o WHEELS �� ( Sy�� ,�5_ 1 Z,-7 1p CHROME LUG NUTS CENTER CAPS LOCKS SHOCKS(FREE REPLACEMENT WARRANTY) SALES TAX $ TOTAL "FULL FREE REPLACEMENT Liberal Financing WARRANTY ON BIG O Available NEW AND RETREAD TIRES" (on approved credit) 4/81 `Q1OV34 C�bc.�c�Ne.JCy�Yc3 FormNo.38 ' WORK ORDER Name Date Address ` � \ �c� � Phone City � Year_PS�NsMake Color UBERAL CASH RED T LICENSE NO. FINANCING C MILEAGE,, SALESPERSOIC' 1 DOT # AIR PRESSURE OF RAF DOT # FRONT DOT # DOT # DOT # SHOCK ABSORBERS . AIR PRESSURE UR RSR ❑FRONTS ❑REARS REAR FRONT END PARTS 8 BALL JOINTS IDLER ARMS TIE RODS 8 BUSHINGS ALIGNMENT BRAKES WHEEL CYLINDER S LININGS DRUMS & ROTORS t MASTER CYLINDER GREASE SEALS BEARINGS HOSE COMMENT :y.. `, \`� �L )AV-> AJC, CK n if 4 r '% CLAIM / /� r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 24, 1937 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Goverreeent eCOUC1Sc! Amount: $329 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MARY AJVELLO LAWHORN F E B 2 e 1987 1216 Miller St. ATTORNEY: Antioch, CA 94509 Martinez, CA 9455 Date received ADDRESS: BY DELIVERY TO CLERK ON February 25 , 1987 trans . BY MAIL POSTMARKED. no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHH 88 DATED: February 26 , 1987 BYIL DeputyLOR, Clerk ::� I & L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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 Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The 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: �; ZfLf�7 BY: r � C� sc-��Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. /( `) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 2 4 1987 PHIL BATCHELOR, Clerk, By Gam.!'.-rte Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: • MAR:2 5 1987 BY: PHIL BATCHELOR by � Deputy Clerk CC: County Counsel County Administrator MR' 1: BOARD OF SUPERVISORS OF CONTRA CO§gq�,AWxapplicationto: Instructions to Claimant C!erkotthe Board .O.Box911 Martinez.Cafitomia 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. 911.21, Govt. Code) ' Claims must be filed with the Clerk ofthe Board of Supervisors ; at its office in Room 106, County Administration Building, . 651 Pine Street, Martinez, California 94553. : _- a 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 oo —this form. RE: Claim by )Reserved for Clerk's filing stamps RECEIVED Against the COUNTY OF CON STA) or DISTRICT) u (Fill in name ) .ao The undersigned claimant hereby makes claim a Contra ~ Costa or the above-named District in the sum of and in support of this claim represents as follows: �. When did the damage ornjuzy occur? (Give exact date and hour] � . W�iere did tie damage or sn3ury occur? (Include city and county) 3. How did the damage or injury occur? ZGiveull��etails, use extra sheets if required) ---- --------------------------T--------------------••--------T--- ----- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) .• -, -... ........, .,'K:.y r-� ,' .._.. ..._ .. ., .!s;....._.. a':f•ha.'-uaY:.:75L�+h�'.M1#!��-'`"LaiG��•K^:�:r•.'.a:wlrXAr>'r"s%"z'kxjJ.^.'. ;j4R•^+•.... .., , 5. What are the names of county or district officers, servants or employees causing the damage or injury? --T-------------T--------- -- — ----------- 6: What damage-- --or Injuries do you claim resultee? ZG�ve dull extent of injuries .oi .damages claimed. - Attach two estimates for auto 7. How was the amount claimed above computed? IInciude the estimates - amount of any prospectivq injury or damage. l r ?~ Iwo ' . Im11"..� � ik../�._. . , �,7"...- *9 ..-- — - N------••- 6. Names and addresses of witnesses, doctors and hospitals. -- ------------T------------------------- of------T-----T--- ----T-;--y- u made on account this accident or 1n ur rA ]Vl ITEM AMOUNT i 1M9.1!'•i to.pv`a . Govt. rode 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 Claimants Signature A ress Telephone No. Telephone No. VOTICE Section 72 of the Penal Code provides: 'Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " r - ._ ' .. _ .. _. .. ,, ._.....,� 5•f.a:..:�::r ;rr:;i�;,�%r _.�.. ... - _. __ems.,. - j -- - - `- '�- 66 ____- -- - - - ; -���-s �--- - ---- ---- --- ------ -- ---- ---.-- ------------ -----__ __----------.-I�- coo.__ �•j 0b _ �. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION •the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 24, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Gover l.Ot C?d COUIIS2) Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DAVID R. . HOYT � r-b 2 G 1987 2422 Maywood Way jtiRarfinez CA 9455 ATTORNEY: Antioch, CA 94509 Date received ADDRESS: BY DELIVERY TO CLERK ON February 24 , 1987 CAO BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 24, 1987 PpHHIL BATCHELOR, Clerk BY: Deputy [�---� L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors 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. The 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: Q2 C� /a, �9�� BY:� -'1-6,6----d-4 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the 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: MAR 2 4 1987 PHIL BATCHELOR Clerk B C(�► ' / ►' GC-C-'C�- , y Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. /) Dated: •MAR.2 51987 BY: .PHIL BATCHELOR by -e Deputy Clerk CC: County Counsel County Administrator CLAIM •TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Y 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 ) Reseng stamps RECEIVED Z q Z 7 /,/1,4,y 1,4Y CU cap WA V N T(e elf 1 FES 24! 1987 Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name) ) The undersigned claimant hereby makes claim against the County o�gcont a Costa or the above-named District in the sum of $ Q1- —,e-� and in support of this claim represents as follows: --------------------------------------------------------- ----Wh-en--d-d-the damage or injury occur? (Give exact date and hour) QJ 30 '27 Where did the damage or injury occur? (Include city and county) C'i4. 3. How did the damage or injury occur? Give full details, use extrar she is if re uired)- O- C00AITr oFPICh S' l �Bc2T P &CIte 'J •W,4 Q �lfAAlri ttiG IA17 tit y LQN�' r CO UGp S'G'T' IN Y R�'�l� -7 f4,4'r ff 6V A9 L°e It /�(/Cr 13 2 Ff�iV D/�l 9 CXR f ok 0T 6'a/. ,4U lo$1C13[«'g �8L/D 1N� wLZlf 1�1�1t_ _-•- -- -- 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? '9(2r3 a)"7 p 15GRSY IS' Cc cJ (T ( VC-_N(C LL CCc,(�9C 0 I^/Tc T l{E' RGrRe i(L vC ik CAU.3//V6 PAA/4G6- T(a A Y ff h PF(-2, • (over) 5. What are the names of county or district officers, =servantsf:Lor= .- ! employees causing the damage or injury? &Pr, l 6.' What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ----------------------- 1 ��v���res .�l ?Y_g6L4Z2 A/0 ' d 7. Howwas the aount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) I ._,Al _L 8. Names and addresses of witnesses, doctors and hospitals. PCO C�-f T , eqlz -( l4 Z ;9live- lava, --------SCS_ -- 2 ............................................ es you made on account of this accident or injury: ITEM AMOUNT /3 vWIC� R a1/ X-- iE L Iwo. Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney)* 'or b ome' erson on his behalf. " Name and Address of Attorney ` - C1aiqiqnt1s Sign tfi e --Z4ZZ %/ I Address ic/T/ Ch1 CA. 9q S`OQ Telephone No. Telephone No. C 7$LF�3� 77 ************************************************************************** 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. " Estimate •Form Name Date Address State C1, Zip�� �%°Phone Year Make _44 5A Model 1.D. No. Color— –Prod. Date TrimMileageLicense No.•;z 1 Ins. Co. File No. Claim No. Appraiser Lic. No. Phone —Written By 111111111111111p pill ipip� 17 21 1 1 3 77 41 5 6 7 1 9- 10 11. 121 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTALS Authorization for Repair PARTS Prices subject to invoice LABOR_Lhrs.@$ $ 40, Paint $ WEST COAST REFINISHING Paint Supplies $ Shop Supplies $ Towing/Storage $ Authorization P.O. Box 218 Sublet $ Oakley,CA 94561 Tax $ 7, Phone (415) DAMAGE REPORT TOTAL $ CHANGES(See Hack *I $ INEW TOTAL $ Esti-mate Report NAME DATE BUS PHONE ADDRESS N CITY STATE ZIP PHONE RES YEAR `� MAKE ._/y/S Si b�t/ MODEL _� 2f NO PAINT CODE PROD DATE TRIM MILEAGE LICENSE NO WRITTEN BY INS.CO FILE NO CLAIM NO P.O NO ADJUSTER LIC NO PHONE --__ DeauctiblelBette*nem No p it pace DESCRIPTION OF DAMAGE PARTS LABOR PAINT SUBLET 2 3 4 5 6 7 6 I 9 10 11 12 13 14 15 16 17 18 19 20 TOTALS 1 hereby authorize the above work and acknowkdpe receiptofcopy signed X. M1 PARTS Prices to invoke ,S ���5�S [ R LABOR hrs.®�l r S (1 �(`T O b O�� Shop Supplies = v and PAINT_hra.®i__ i Paint Supplies 5 PAINT TowinWStorape = SublWMisceHeneous = 1909 f Arnold fOR f,6T1MATE CALL Induari l Ifty ,MARK CU6ACK SUB TOTAL i Concord oo5_229/( Ovncr T t VL) L��j JZ TOTAL ESTIMATE iZR CLAIM i BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Governing Board of Sanitation District #15 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 24, 19S7 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $150. 00 Section 913 and 915.4. Please note all "WarnGp3nty Counsel CLAIMANT: CONSTANCE BRADY r Lb 2 G 1987 P .O. Box 339 ATTORNEY: Bethel Island, CA 94511 [vl rtinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON February 20 , 1987 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February23 , 1987 PpHHIL BATCHELOR, Clerk BY: Deputy �C C_— L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) 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. The 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: /j BY: _ ��t�C C�C../t_lCr6gp�ty County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and .correct copy of the Board's Order entered in its minutes for this date. MAR 2 4 1987 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 this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING T I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:_ • MAR 2. tnni BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator CLAIH, TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 9.11, Martinez, CA) . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved stamps RECEIVED FEB 20 1667 Against the COUNTY OF CONTRA COSTA) or DISTRICT} / (Fill in name) ......... .... :. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) -----------T------------------------------------------------------------ or ------------------------------------------ or injury occur? (Include city and county) s&q C) -rLL&ye_ i���> ------------------------------------------------------------------------ d 3. Aow did the amage or injury occur? (Give full details, use extra sheets if required) R-04 L., 2_1 1gt8 ----------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) 5; What are the names of county or district officers,._sere its,•zf,ri_ I e%ployees causing the damage or injury? ------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) �� -�---- t9I ----- -V.�- - 2=� -------- --- elm- ----- -- ----- ------------------ - ------ -- 7. How was the amount i5laimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and l�ogs�pi��0� P•O. a,c u� -- --------------- -----------------------------------------�--y: 9. i res you made on account of this accident or injury: 3AITEM AMOUNT gTtit:YAV+ 01Oki 11: M * **** ���t*,*fir** Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) by some person on his behalf. " Name and Address of Attorney Claimant' s Signatur Address Telephone No. Telephone No �jUo,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. " f L I ! r t ARCHITECTURE AND PLANNING 415 • 684 • 3362 2690 TAYLOR ROAD PO BOX 339 BETHEL ISLAND CALIFORNIA 94511 December 19, 1986 Sanitary District No. 15 Citizens Advisory Committee P.O. Box 447 Bethel Island, Ca. 94511 ATTENTION: Dick Cornfield Chair REFERENCE: Residence 2690 Taylor Road Gentlemen: Attached is a copy of the statement of the costs I incurred to install a back flow valve in my sewer lateral. Also a copy of my original letter explaining the problem. Your Board, at its' April meeting, advised me to do the work and submit the bill to be paid b your insurance company. Thank you for your attention to this matter. Very Truly Yours, CONSTANCE BRADY r -.2S - &6 6 ' 7`'"" 6 5'd 7-Q V/o r 1?D For -445 /1 ani' ('Berk U'alvC --r sac keni �,✓,',c) to N y~ w . -`Jdj -3io n( nn , ./ } _ ARCIIIFECIURE AND PLANNING 415 • 684 • 3362 2690 TAYLOR ROAD PO UOX 339 11E11IEL ISLAND CAUrO RNIA 94511 April 2 , 1986 Sanitary District No. 15 Citizens Advisory Committee P.O. box 447 Bethel Island, California 94511 ATTENTION: Bob Gromm REFERENCE: Residence 2690 Taylor Rd. Gentlemen: This regards a problem that has occured on my property ever since the sewers were installed. If the main pump at Stone and Bethel Island road is down, sewage comes up the drain of the shower in my outdoor bathroom. This problem has been built in by the errors of the engineers who designed the system. First they assumed that the floor elevation of the house was where the lowest fixture unit was located, whereas the lowest is at a slab on grade in the carport/shop building. Secondly the lateral connection to the sewer main was at an elevation too high to get proper fall to the connection. With the County Inspector' s approval, we moved this connection down as 'close to the main as possible. The result of all this is sewage comes into my shower before it reaches the height of the man hole in front. I had thought the problem was solved with a backup pump; but on March 15, 1986, a Saturday, it occured again! I called to report it but no one responded. I stuffed a rag in the drain and called Mr. Jerry Donahue who was kind enough to bring a pump and remove the sewage out of my carport and bathroom. I want S.D. 15 to install a backflow valve on my sewer lateral so that this cannot occur again. Since the problem is caused by faulty design, I feel this should be done at the County's expense. / SLert� Truly Yours, CONSTANCE BRADY cc: Russell Harris Ivor Powell Jerry Donahue Dick Cornfield R, CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 24, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $2 , 759 . 16 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DREWRY PHOTOCOLOR CORPORATION County Counsel 211 South Lake Street FEB 2 G 1967 ATTORNEY: Burbank, CA 91502 Date received g� l 94'53 ADDRESS: BY DELIVERY TO CLERK ON FebruarV� inoi9�"7 CA8 BY MAIL POSTMARKED: February 18 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �bIL gATCHELOR, Clerk DATED: February 23, 1987 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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. The 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: 11L_C4 �f , / / y BY: �� �T,_,,,_,"Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. (! �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. MAR 2 4 1987 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 this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order a d Notice to Claimant, addressed to the claimant as shown above. �L Dated: ' MAR 2 51987 BY: PHIL BATCHELOR by ,___—Deputy Clerk CC: County Counsel County Administrator AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 24 19 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice o California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100, 000, 000. 00 SectiorftEMPM15.4. Please note all "Warnings". CLAIMANT: DEAN K. BUCKLEY MAK 10 1987 103 Metairie Place COUNTY COUNSEL ATTORNEY: Sari Ranon, CA 94583 MARTINET, C�iI�F, Date receive March 6, 1987 hand del . ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. P IL BATCHELOR, Clerk DATED: March 9 , 1987 B�: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (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. The 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: h Xc;�, Z�71 BY: L/'-� eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present L,S (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: MAR 2 4 1987 PHIL BATCHELOR, Clerk, By � Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAR 2 .5 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM -TO: BOARD OF SUPERVISORS OF CONTRA C ¢;Qf F-appjjcavon io. Instructions to ClaimantC!erk of the Board t, 6:5/Pn a ,sv.� M rtinez,California 94553 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 olthis form. RE: Claim by )nese rrA.A-rlr to ing stamps DEAN K. BUCKLEY ) RECEIVED ) Against the COUNTY OF CONTRA COSTA) MAR 4 1987 ) or DISTRICT) cum (Fill n name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 100 ,000 ,000.00 and in support of this claim represents as follows: �. When did the damage or injury occur? (Give exact date an our 9 :00 a.m. & 1.1 : 30 a.m. on February 23 , 1987 , and 9:00 a.m. & 12 :00 noon February 24, 1987 . --- --- T -' --- --....T- ---------------- ----T.-----------�- -- �. W�iere did tie damage or in3ury occur? (Include city and county] - San Ramon, Contra Costa County. 3. How did the damage or injury occur? 7Give �uII details, use ext=a sheets if required) Contra Costa County Animal Services Department threatened claimant when they were attempting to seize his neighbors pets. a. What particular act or omission on the part o� county or district officers , servants or employees caused the injury or damage? I was threatened by Sup Burden who kept her hand on her gun, shaking her finger in my face and threatening me. I was told I would be subject to arrest if I interfered with her. Calls to Animal Control Supervisors Andy Leckie & Diane Iwasa were to no avail . (over) are the names of county or district officers, servants or- amis1A ces causing the daiaage or injury? Diane Iwasa , Andy Leckie , and Sue Burden. �:- What damage or in�ur�es do you cia�m resuited�--ZG�ve �ul�-extent of injuries or damages claimed. Attach two estimates for auto damage) Emotional distress , claim under the Racketeer Influenced and Corrupt Organizations Act (RICO) , conspiracy & the 1983 U.S. Supreme Court decision in Smith v. Wade. 7. How was the amount claimed above com uted? (-Include the estimate amount of any prospective injury or damage. ) Injury to psyche, central nervous system and outrage of the corruption in County Government . ------------------------------------------------------ ----------------- 8. Names and addresses of witnesses, doctors and hospitals. Various neighbors . . -- •• --------•r------------------------ it— -----------------------�• —t-----•f-------- �—••— st d�# res�:y made on account of this accident or �n�ury. AT � i` ., ITEM AMOUNT Not a plicab,l;e at.-this t ' e. *tFlt.*'k.#4k RJR## «#*######«««###«*###««##««##««#«*«#««##«##«## Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person-on his b half. " Name and Address of Attorney ' W �y C ur►ant s Ai4natur 103 Metairie Place NA Address San Ramon, CA 94583 Telephone No. Telephone No. (415 ) 828-1083 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. " BOARD OF SUPERVISORS OF CONTRA C(*;.tbr ' xapp1i0ation to: Instructions to ClaimantVerk of the Board M rtinez,California 94553 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 of this form. RE: Claim by )Reserved for Clercis filin stamps DEAN K. BUCKLEY ' �. ' RECEIVED Against the COUNTY OF CONTRA COSTA; �E���9F�7 or DISTRICT) (Filln name ) IN The' undersigned claimant hereby makes claim ag Contra Costa or the above-named District in the sum of 100 ,000 ,000.00 and in support of this claim represents as follows: When did the damage or �n3ury occur? (Give exact date ani hour] 9:00 a.m. & 11 :00 a.m. on February 23, 1976 , and 9:00 a.m. & 12:00 noon February 24, 1987 . Where did tFie damage or injury occur? (Include city and countyS San Ramon , Contra Costa County. 3. How did the lama a or in ur occur? GiveuSI �eta�I's use extia sheets if required) Contra Costa County Animal Services Dept . threatened claimant when they were attempting to seize his neighbors pets. �. What-particular act or omission on the part of county or distrrct officers, servants or employees caused the injury or damage? I was threatened by SU',e Burden who kept her hand on her gun, shaking her finger in my face and threatening me. I was told I would be subject to arrest if I interfered with her. Calls to Animal Control Supervisors Andy Leckie & Diane Iwasa were to no avail . (over) 5. 'What are the names of county or district officers, servants or` `empkyO�ges causing the damage or injury? Diane Iwasa, Andy Leckie, and Sue Burden. 6. What c�ama a or in uries c!o ou claim resu�te�?- ZG�ve �u�l extent of injuries or damages claimed. Attach two estimates for auto damage) Emotional distress , claim under the Racketeer Influenced and Oxrupt. Organizations Act (RICO) , conspiracy & the 1983 U.S. Supreme Court decision in Smith v. Wade. ------------------------- ---------------------- -------------------- -- 7. How was the amount claimed above computed3 Include the estimate amount of any prospective injury or damage. ) Injury to psyche , central nervous system and outrage of the corruption in County Government. ------------------------------------------------------:------------------ B. Names and addresses of witnesses, doctors and hospitals. Various neighbors. -- ---- --------rte•---••---------------------- s----- ------- —t---- �. List the expenditures you made on account o this accent or n3ury: ATE ITEM AMOUNT Not ppQ J3:ak i is ime. +hK;Awl F�1:: .f.;� Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b some /person on his behalf. " Name and Address of Attorney C a mant s Signature NA 103 Metairie-Place Address San Ramon , CA 94583 Telephone No. Telephone No. (415) 828-1083 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, '*.or to any county, town, city district, ward or village board or officer, .authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher , or writing, is guilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March '24 -1937 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "WaC67yh" Y Counsel CLAIMANT: GAIL WEAVER AND GARY j,TEAVER c/o John ISI. Drath F E B 2 1987 ATTORNEY: Hyde & Drath 650 California St. #2600 Date received Martinez, CA 94553 ADDRESS: San Francisco, CA 94108 BY DELIVERY TO CLERK ON February 18 , 1987 BY MAIL POSTMARKED: not legible 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. February 23 1987 PpHHIL ATCHELOR, Clerk c�� DATED. y � BY: Deputy Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( )) This claim complies substantially with Sections 910 and 910.2. l�J 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. The 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: 9/ / —,7 BY: c c �t�� puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the 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. LIAR 2 4 1987 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 this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 'MAR 2 5 198 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator L1:Hll'1 1 V: a7VAIW va ovi a:.av ivva .-+ va �.va.a•v. "`Ti�Llin'vrtglRarepp�ivauvay. f 1116trUctiWts to ClaimaritClerk of thft Porrd P.O.Box 911 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, 6*51 Pibe Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk' s filing stamps GAIL WEAVER ) GARY WEAVER ) RECEIVED ) Against the COUNTY OF CONTRA COSTA) FEB 1 ) or DISTRICT) (Fillin name ) A The undersigned claimant hereby makes claim against a 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] February 19 , 1986 ———— ———— T————————————————T—?——••——————------------------------- .-g- --- --------------------mage cr injury occur? (Include city and county, 31 Highland Court, Orinda, California, County of Contra Costa K__9 . How did the damage or injury occur? (Give-full details, use extra sheets if required) The land supporting claimants ' residence slid, undermining support for the residence and causing damage thereto. - ---------------------------------T--------- 4-.---What----particular--=-:-------act----or---o-mission on the part of county or district officers , servants or employees caused the injury or damage? On information and belief, improperly discharged surface runoff into a known slide area , through improper design and construction of Highland Court, and through the failure to design and construct adequate drainage facilities. Inverse condemnation. (over) WhAt nre the nAmeis of county or district officers , servants or employees causing the damage or injury? Unknown 6. WFiat damage or �n3uries �o you claim resulted? ZG�ve dull extent. of injuries or damages claimed. Attach two estimates for auto damage) Actual expenditures and bids. -------------------------------- -----------------------------s------ --- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) -------------------------------------------------------------------------- 6. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT February 20 , 1986 Emergency repairs $ 1 ,623.00 March through October Slide repair 135 ,000 .00 1986 and stabilization Repair interior damage 20 ,000 .00 Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) eW by some erso on his be lf. " Name and Address of Attorney --v� t(3y John M. Drath C1 imant s lg ture HYDE & DRATH 650 California Street, Suite 2600 A es San Francisco, CA 94108 Telephone No. (415) -i92-n21r; 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. " CLAIM �. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOAR_D ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 24, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Goverrm"t Code Amount: $100, 000. 00 Section 913 and 915.4. Please note all "Warnings 4'Unfy Couns"; CLAIMANT: DANNY A. GAT INDO F t 8 c/o Thomsa R. Olszewski, Esq. Martfne>2 C 1945 ATTORNEY: Olszewski & Quintiliant +, Cq 155 Montgomery St. , #601 Date received 9 �Sv ADDRESS: San Francisco, CA 94104 BY DELIVERY TO CLERK ON February 18 , 1987 BY MAIL POSTMARKED: February 16 , 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. February 23 , 1987 1! ATCHELOR, Clerk DATED. irr�: �eputy L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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. The 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� 7 BY` `��J i Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. MAR 2 4 1987 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 this notice was personally served or . deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAR 2 5 1491 BY: PHIL BATCHELOR by /1<4& uty Clerk CC: County Counsel County Administrator ' 4 CLAIM AGAINST THE CONTRA COSTA COUNTY TRANSIT AUTHORITY COUNTY OF CON RA COSTA STATE 07 CALIFORNIA Government Code Sections 910 and 911 .2 require that all claims must be presented to the government within 100 days form the date of the accident. CLAIMANT'S NAME: DANNY A. GALINDO AMOUNT OF CLAIM: ONE HUNDRED THOUSAND DOLLARS � ,IV CLAIMANT'S ADDRESS: Mr. Danny A. Galindo 2199 Peachtree Circle Pittsburg, California 94565 ADDRESS AT WHICH NOTICES ARE TO BE SENT: r Thomas R. Olszewski, Esq. OLSZEWSKI & QUINTILIANI 155 Montgomery Street, Suite 601 San Francisco, California 94104 DATE OF INCIDENT: December 23, 1986 LOCATION OF INCIDENT: Intersection of Kirker Pass Road and South Hess Road. HOW DID ACCIDENT OCCUR: On December 23, 1986, at approximately 6:30 a.m. , on Kirker Pass Road at or near the intersection with South Hess Road, the Galindo automobile struck a 1984 Gilli bus owned by the Central Costa County Transit Authorities as the driver, Valerie Coleman unsuccessfully attempted to make a U-turn accross Kirker Pass Road. DESCRIBE THE INJURY: Mr. Daniel Galindo suffered cervical and lumbar injuries. The full extent of his physical injuries are unknown at the present time. NAME OF THE PUBLIC EMPLOYE OR ENTITY CAUSING THE INJURY OR DAMAGE: Central Contra Costa Transit Authority, County Connection, 2477 Arnold Industrial Way, Concord, California 94520 ITEMIZATION OF CLAIM: GENERAL DAMAGES: ONE HUNDRED THOUSAND DOLLARS SPECIAL DAMAGES: In an amount yet to be ascertained. Total Damages : In an amount yet,to be ascertained. DATED and EXECUTED thisl6th day of February 1987 in San Francisco, Ca. OLSZEWS & QUINT IANI Signed by or on , behalf of client: a R. Ols ws , 0. ti CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 24, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100, 000. 00 Section 913 and 915.4. Please note all "Warnii(pV CLAIMANT: DANNY A. GALINDO FEB 9 ty C�UnsU)/ c/o Thomas R. Olszewski, Esq. M EB � ) 1987 ATTORNEY: Olszewski & Quintiliani 8rtIn 155 Montgomery St . , #601 Date received ��� Cq �4��u ADDRESS: San Francisco, CA 94104 BY DELIVERY TO CLERK ON February 20 , 1987 BY MAIL POSTMARKED:February 16 . 1987 'Certified P017 745 555 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is-a copy of the above-noted claim. �qIL gATCHELOR, Clerk DATED: February 23 , 1987. : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (�J 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 910.6). ( ) Claim is not timely filed. The 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: /&AZX_ 9� /�f� 'Z BY:� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. MAR 2 4 1987 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 this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. Yo may seek the advice of an attorney of your choice in connection with this matter. If you want to consult n a orney, you should do so immediately. 1 AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: • MAR 2 5 7987 BY: PHIL BATCHELOR by /--Deputy Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE CONTRA COSTA COUNTY TRANSIT AUTHORITY COUNTY OF CONTRA COSTA TATE —07 CALIFORNIA Government Code Sections 910 and 911 .2 require that all claims must be presented to the government within 100 days form the date of the accident. rr CLAIMANT'S NAME: DANNY A. GALINDO RECEIVED AMOUNT OF CLAIM: ONE HUNDRED THOUSAND DOLLARS CLAIMANT'S ADDRESS: Mr. Danny A. Galindo FED a Q 2199 Peachtree Circle Pittsburg, California 94565 ry ADDRESS AT WHICH NOTICES ARE TO BE SENT: Thomas R. Olszewski, Esq. OLSZEWSKI & QUINTILIANI 155 Montgomery Street, Suite 601 San Francisco, California 94104 DATE OF INCIDENT: December 23, 1986 LOCATION OF INCIDENT: Intersection of Kirker Pass Road and South Hess Road. HOW DID ACCIDENT OCCUR: On December 23, 1986, at approximately 6:30 a.m. , on Kirker Pass Road at or near the intersection with South Hess Road, the Galindo automobile struck a 1984 Gilli bus owned by the Central Costa County Transit Authorities as the driver, Valerie Coleman unsuccessfully attempted to make a U-turn accross Kirker Pass Road. DESCRIBE THE INJURY: Mr. Daniel Galindo suffered cervical and lumbar injuries. The full extent of his physical injuries are unknown at the present time. NAME OF THE PUBLIC EMPLOYE OR ENTITY CAUSING THE INJURY OR DAMAGE: Central Contra Costa Transit Authority, County Connection, 2477 Arnold Industrial Way, Concord, California 94520 ITEMIZATION OF CLAIM: GENERAL DAMAGES: ONE HUNDRED THOUSAND DOLLARS SPECIAL DAMAGES: In an amount yet to be ascertained. Total Damages : In an amount yet to be ascertained. DATED and EXECUTED this16th day of February 1987 in San Francisco, Ca. OLSZ KI & NTILIANI Signed by or on behalf of client: ThomasO1 ski, Esq. 10 �� * CLAIM 4 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 241987 and Board Action, All Section references are to } The copy of this document mailed to you is your nd'tice of California Government Codes. ) the action taken on your claim by the Board of S�+?,e,rvisors (Paragraph IV below), given pursuant to Governme7ft''�brdy C Duns, Amount: $100, 000 . 00 Section 913 and 915.4. Please note all "Warning�e 2 CLAIMANT: RAYMOND GALINDO �9SI c/o Thomas R. Olszewski, Esq. Martinez, CA 9465v ATTORNEY: Olszewski & Quintiliani 155 Montgomery St . #601 Date received ADDRESS: San Francisco, CA 94104 BY DELIVERY TO CLERK ON February 20, 1987 BY MAIL POSTMARKED: February 16, 1987 Certified P017 745 555 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. February 23, 1987 ppHHIL BATCHELOR, Clerk DATED: y BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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.B). ( ) Claim is not timely filed. The 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: ���C� 9t //0 BY eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( } Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 2 4 1987 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov, code section 913) abject to certain exceptions, you have only six (6) months from the date this notice was personally served or, !posited in the mail to file a court action on this claim. See Government Code Section 945.6. u may seek the advice of an attorney of your choice in connection with this matter. If you want to consult attorney, you should do so immediately, AFFIDAVIT OF MAILING leclare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the ted States, over age 18; and that today I deposited in the United States Postal Service in Martinez, ifornia, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to claimant as shown above. ,d: 'MAR 2 5 1997 BY: PHIL BATCHELOR by kX4a--1eputy Clerk County Counsel County Administrator j CLAIM AGAINST THE CONTRA COSTA TRANSIT AUTHORITY COUNTY OF CONTRA COSTA STATE OF CALIFORNIA ' Government Code Sections 910 and 911 .2 require that all claims must be presented to the government within 100 days form the date of the accident. CLAIMANT'S NAME: RAYMOND GALINDO AMOUNT OF CLAIM: ONE HUNDRED THOUSAND DOLLARS CLAIMANT'S ADDRESS: Mr. Raymond Galindo 3930 Chatworth Pittsburg, California 94565 ADDRESS AT WHICH NOTICES ARE TO BE SENT: eke d sc Thomas R. Olszewski, Esq. OLSZEWSKI & QUINTILIANI 155 Montgomery Street, Suite 601 °fir San Francisco, California 94104 DATE OF INCIDENT: December 23, 1986 LOCATION OF INCIDENT: Intersection of Kirker Pass Road and South Hess Road. HOW DID ACCIDENT OCCUR: On December 23, 1986, at approximately 6:30 a.m. , on Kirker Pass Road at or near the intersection with South Hess Road, the Galindo automobile struck a 1984 Gilli bus owned by the Central Costa County Transit Authorities as the driver, Valerie Coleman unsuccessfully attempted to make a U-turn accross Kirker Pass Road. DESCRIBE THE INJURY: Mr. Raymond Galindo suffered cervical and lumbar injuries. The full extent of his physical injuries are unknown at the present time. NAME OF THE PUBLIC EMPLOYE OR ENTITY CAUSING THE INJURY OR DAMAGE: Central Contra Costa Transit Authority, County Connection, 2477 Arnold Industrial Way, Concord, California 94520 ITEMIZATION OF CLAIM: GENERAL DAMAGES: ONE HUNDRED THOUSAND DOLLARS SPECIAL DAMAGES: In an amount yet to be ascertained. Total Damages In an amount yet to be ascertained. DATED and EXECUTED thisl6th day of February 1987 in San Francisco, Ca. OLSZE SKI & QUINTILIANI Signed by or on behalf of client: omas zewski, Esq. 4/15 _ CLAIM BOAR,? OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 24, 1987 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100 ,000. 00 Section 913 and 915.4. Please note all "W"dittY C01insc1 CLAIMANT: RAYMOND GALINDO (. t c/o Thomas R. Olszewski, Esq. 2 61987 ATTORNEY: Olszewski & Quintiliant Mu lline2 155 Montgomery St. , #601 Date received ' CA �J455�� ADDRESS: Sari Francisco, CA 94104 BY DELIVERY TO CLERK ON February 18 , 1987 BY MAIL POSTMARKED: February 16, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. February 23 , 1987 pHIL BATCHELOR, Clerk DATED: y BY: Deputy �/!�•� Haii II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) 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. The 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: �h 9. IW-7 BYeputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 2 4 1987 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: .MAR 2 5 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE CONTRA COSTA TRANSIT AUTHORITY COUNTY OF CONTRA COSTA ATE 07 CALIFORNIA Government Code Sections 910 and 911.2 require that all claims must be presented to the government within 100 days form the date of the accident. CLAIMANT'S NAME: RAYMOND GALINDO AMOUNT OF CLAIM: ONE HUNDRED THOUSAND DOLLARS CLAIMANT'S ADDRESS: Mr. Raymond Galindo 3930 Chatworth Pittsburg, California 94565 �1 ADDRESS AT WHICH NOTICES ARE TO BE SENT: N o p Thomas R. Olszewski, Esq. OLSZEWSKI & QUINTILIANI 155 Montgomery Street, Suite 601 San Francisco, California 94104 DATE OF INCIDENT: December 23, 1986 LOCATION OF INCIDENT: Intersection of Kirker Pass Road and South Hess Road. HOW DID ACCIDENT OCCUR: On December 23, 1986, at approximately 6:30 a.m. , on Kirker Pass Road at or near the intersection with South Hess Road, the Galindo automobile struck a 1984 Gilli bus owned by the Central Costa County Transit Authorities as the driver, Valerie Coleman unsuccessfully attempted to make a U-turn accross Kirker Pass Road. DESCRIBE THE INJURY: Mr. Raymond Galindo suffered cervical and lumbar injuries. The full extent of his physical injuries are unknown at the present time. NAME OF THE PUBLIC EMPLOYE OR ENTITY CAUSING THE INJURY OR DAMAGE: Central Contra Costa Transit Authority, County Connection, 2477 Arnold Industrial Way, Concord, California 94520 ITEMIZATION OF CLAIM: GENERAL DAMAGES: ONE HUNDRED THOUSAND DOLLARS SPECIAL DAMAGES: In an amount yet to be ascertained. Total Damages : In an amount yet to be ascertained. DATED and EXECUTED this 1 H;h day of February 1987 in San Francisco, Ca. OLSZEW KI & Q ILIANI Signed by or on behalf of client: mas R ew sq. AMENDED CLAIM REE��/E - BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALI�6RNIA MAR 1 3 1981 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANTCOUNTY COUNSEL March 24, . 1987 and Board Action. All Section references are to ) The copy of this docume"WP e%Aft you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant, to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CY EPSTEIN c/o Calvin D. Zamansky ATTORNEY: 2150 Shattuck Ave. #810 Berkeley, CA 94704 Date received ADDRESS: BY DELIVERY TO CLERK ON March 11, 1987 CC BY MAIL POSTMARKED: March 10, 1987 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is--a copy of the above-noted claim. March 12, 1987 PpHHIL BAATCHELOR, Clerk DATED: BY: D puty L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ell,(x) This laim com lies ubs nti ley w' h S c t' S 910.and 9 2. LA csa- � 3 935} ( ) This claim FAILV td comply substantially with ections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). Claim it timely filed:f The Clerk should return claim o ro nd 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: ��j lleyv BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( X) other: Portion of original claire not previouly returned as untimely is rejected 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:_ MAR 2 4 1987 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAR 2 5 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CALVIN D. ZAMANSKY ATTORNEY AT LAW GREAT WESTERN BUILDING 2150 SHATTUCK AVENUE,SUITE 610 County Counsel BERKELEY,CALIFORNIA 94704 J 1415,644-2999 MAR 1 1 i987 March 10, 1987 Martinez, CA 94553 Vicki J. Finucane, Esq. Deputy County Counsel Contra Costa County P.O. Box 69 Martinez , CA 94553 Re: Claim of Cy Epstein 4t r . Dear Ms. Finucane. I am in receipt of your "Notice of Insufficiency and/or Non-Acceptance of Claim, " which was sent to me on March 9, 1987, and which pertains to the claim filed. on February 18, 1987, on behalf of my client, Cy Epstein. You have requested that we provide the date of the alleged misrecording of the subject deed of trust which is the basis of Mr. Epstein' s claim. I was informed by a woman named Diane, of your office, presumably after she asked you about it, that this information could be supplied by letter, rather than by amendment of the claim. If it is necessary to file an amended claim, please advise me of that. The subject deed of trust was recorded on March 27, 1985 , and I am enclosing herewith a copy of the document which was recorded, which such copy also includes a copy of the county recorder ' s stamp. If you need any further information, in order to evaluate this claim, please do not hesitate to contact me. Very truly yours, Calvin D. Zamansky Enclosure cc: Cy Epstein CDZ/fs MAR 2 7 1985 .._.�„ �ORGE N. MCCULLA ." S(GF ` 14 85 '37324 w L: ` - MAR e,7 W� M, � 1 h; /v O'CLOCK w LAW OFFICES OF CY EPSTEIN r-OWMA COSTA COUNTY RECORDS A PROFESSIONAL CORPORATION jet. OLSSON 2566 MACDONALD AVENUE COUNTY RECORDER N RXHMOND, CA 94804-1833 J FEE S RR-V SPACE ABOVE THIS LINE ECORDER'S USE�..�,� SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS 'Chis Ueed of Trust, made this at day of March, 1985 , between J Z IBEATRIZ SANTOS ABACAN and iEODORO M. ABACAN herein called TRUSTOR, whose address is 28 Humboldt Court, Pacifica, California , (number and street) (city) (zone) (state) FOUNDERS TITLE COMPANY,a California corporation,herein called TRUSTEE,and , GEORGE N. MCCULLA herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in San Mateo County, California, described as: Lot 20, Block 42A, as designated on the Map entitled, "WESTLAKE UNIT NO. 4B, DALY CITY, SAN MATEO COUNTY, CALIFORNIA", which Map was filed in the office of the Recorder of the County of San Mateo, State of California on March 12, 1952, in Book 34 of Maps at Page 35. (ASSESSOR'S PARCEL NO. 002-121-350) In the event the herein described propwW or any part thereof,or any In arwt thttaeln Is sold,agreed to be a"sonveyed or alienated by The Trustor,or by the operation of lour or otherwise, all obligations seerared by thio Instrument, Innspp�ee�t�w d the asaturlty dates expressed theretne at the option of We boder hereof and without demand or notfee shall tssadlately f�eeotaa dun ad payable, Toc;1{TIIl'k WIT11 the rent s,issues and profits thereof,suBi FC'f,IIOWEVE R,to the right,power and authority Riven to and conferred upon beneficiary by paragraph(IIA of the provi Bions incorporated herein by reference to collect and apply such rents,issues andprofit s. ForthePurposeofSecuring: 1. performance of each oggreementofTrustor incorporated byreference orcontained herein. Z Pay- mentof the indebtedness evidenced by one promissory note ofevendime herewith,and any extension or renewal theteof.ia the principal %uu1 of S 45 Q Q.00—t.xc•cute.l by Trustor in favoruf lieneficiary or order. 3.payment of such further sums as the then 1.•..u.lo%liefuf saidpro1wrt) he•n•afu•r may boriow Irons Ilencliciary,when evidenced by Anothet note(or notes)reciting it is so secuird. Ifo Protect the Srcurlty of This Dred of Trust,Trustor Aj�{!"e : By the execution aitddelivery ofthisDeedofTrust and tht• note secured hereby,that provisions(I) to (14),inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Solk/ma County October 118, 1901,and in all other counties October 23, 1961,in the book and at thepaKe of Official Records in the 41111c•e of the county recorder of the county where said property is located.notedbelow oppositethe nameuf suchcuunty,vin: COUNTY BOOK PAGE COUNTY ROOK PAGE COUNTY ROOK PAGE COUNTY ROOK PAGE. Alameda 433 M4 King, 792 833 Placer 495 301 Sierra 29 335 Alpine 1 250 lake 363 39 Plumes ISI S Siskiyou 448 Illi Am-der 104 348 Lassen 171 471 Riverside 3005 $23 Solana 1105 162 8rne 1145 1 Los Angeles T2055 899 Sacrament* 4331 62 Sonoma Iasi 689 Coloveras 145 152 Madero 810 170 Sen Benne 271 383 Stonisloas 1715 4S4 Colvsa 296 617 Morin 1508 339 Son Bitmordirse 5567 61 Satter S72 297 Contra Costo 3970 47 Mariposa 77 292 SanFrancisca A332 905 Tebome 401 289 Del Norte 78 414 Mendocino $79 $30 San Joaquin 2470 311 Trinity 93 3" EI Dorado S68 436 Merced 1547 336 Son Luis Obispo 1151 12 Tularo 2294 175 Fresno 4626 372 Modoc 184 851 Sen Mateo 4076 420 Tuolumne 133 47 Glenn 422 184 Mono 52 429 Sorra Rerbere 1878 860 Venture 2062 386 Humboldt 6s7 $27 Monterey 2194 538 Sento Clare 3336 341 Yale 453 245 Imperial 1091 $01 Napa 639 86 Sanwa Crus 1431 4% Yuba 334 486 Inyo 147 SN Nevodo 303 320 Shasta 6" S26 Kern 3427 60 Orange 5881 611 San Diego Series 2 Rook 1941.Pep 163887 (wllichprovisions,identical in all c•c-int ies,are printed on the reverse hereof)hereby are adopted and incorporated herein and made a Part hervol ;Is fully as though set forth herein at length;that he will observe and perform said provisions;and that the references to pr..perty,obligations,andparties in saidprovi sions shall be construed to refer to the property,obligations,andpatties set forth in this Decd &)I Trust. The•undersigned Trustor requests that a copy of any Not ice of I)ef ault and of any Notice of Sale hereunder be mailed to him at his ad.lress betcinbefore set forth. nuture uj punto► COUNTY OF Contra Costa � � XTR Oil March.-19before lilt-, site ululersigiled, SnNTS AfSACAN a Nol.u)• MiNic• in :uld for said State, perscmally appeared BEatrii SantpSAbacan and Teodoro Abacan. Proved -M,44 #695ils RIM to taw on the basis of satisfactory evidance / >awomleCailes: to Ise Lite person-1-whose nameS sir-e. subscribed to the within llimnnnent .uid acknouledge•d that they executed the same. OFFICIAL SEAL %%I INE"1�my hatl.I;ukf oflic1.11 Mead. _,;�i1 VERNA D. RODDEN S•t NOTARY PUBLIC COSTA ♦1f:rl.tture_ ����R � CONTRA COSTA COUNTY My Commhtion Expires May 27, 1988 - ~—� N.unc I I lu-.I or Ihnuedl • 1TIn. ..r.•«L.r ulh,•..rl nolrrrrl eerll 1uu2 I PFC-74 �&C nfl/►��T CALVIN D. ZAMANSKY RECEIVED ATTORNEY AT LAW Great Western Building oc FEB lop 1987 2150 Shattuck Avenue, Suite 810 3 Berkeley, California 94704 ( 415 644-2999 s�u°R oes L.�L6�LA .. DeouN Attorney for Claimant Q�l To: CONTRA COSTA COUNTY 0" and J.R. OLSSON, Contra Costa County Recorder: CY EPSTEIN hereby makes claim against the CONTRA COSTA COUNTY &VRAPqM and J.R. OLSSON, Contra Costa County Recorder, for a sum unknown at this time, but believed by Claimant to total at least $45,000.00, plus interest from the date this claim is made, and makes the following statements in support of the claim: 1. Claimant ' s post office address is 2566 Macdonald Avenue, Richmond, California 94804-1833 . 2. Notices concerning the claim should be sent to Calvin D. Zamansky, Attorney at Law, 2150 Shattuck Avenue, Suite 810 , Berkeley, California 94704. 3. The date and place of the occurrence giving rise to this claim are November 12 , 1986 and Martinez, California. 4. The circumstances giving rise to this claim are as follows: On November 12, 1986 , a Complaint was filed against Claimant by George N. McCulla, in Contra Costa County Superior Court, Action No. 293554, alleging damages against Claimant, for the alleged misrecording of a deed of trust pertaining to real property commonly known as 77 Dorchester Drive, Daly City, California. The office _ acs of the Contra Costa County Recorder, and J.R. Olsson, Contra Costa County Recorder, are liable, under Government Code, §27203, for damages to Claimant arising from _recording of the subject deed of trust. 5. The full extent of Claimant ' s injuries are unknown at this time, but Claimant believes they include monetary injury in a sum totalling at least $45,000. 00, plus interest as of the date this claim is made. 6. The names of the public employee causing Claimant' s injuries are unknown. 7. Claimant' s claim as of the date of this claim has not yet been determined, but is in an amount totalling at least $45,000.00, plus interest as of the date this claim is made. 8. The basis of computation of the above amount is as follows: The base amount of $45,000.00 is amount of the note secured by the subject deed of trust. Dated: February 17 , 1987 CALVIN D. ZAMANSKY Attorney for Claimant -2- OFFICE OF THE RECORDER County Counsel CONTRA COSTA COUNTY F k g 2 1'1987 730 Las Juntas St. P. 0. Box 350 Martinez, California 94553 Martinez, CA 94553 (415) 372-2360 Date : February 23, 1987 To: VICTOR WESTMAN, County Counsel ATTN: Kevin Kerr, Deputy County Counsel From : JAMES R. OLSSON, County Recorder BY: Sam Klebanoff, Assistant County Recorder Subject : CLAIM AGAINST THE RECORDER FOR DAMAGES RESULTING FROM RECORDATION OF A DEED OF TRUST Enclosed is a claim served on us February 18, 1986 from Cy Epstein, claimant , who wants $45 ,000 in damages from the County and the County Recorder for misrecording a deed of trust . Enclosed also is a copy of a malpractice complaint filed against Cy Epstein. On March 27 , 1985 we recorded a Deed of Trust at the request of George McCulla, a client of Cy Epstein. The property described in it is in San Mateo County. Enclosed is a copy of that document . According to CC 1169 "Instrument) entitled to be recorded must be recorded by the county recorder in which the real property affected thereby is ,situated" . According to our records we mailed the document after recordation to the law firm of Powers & Epstein on April 14 , 1985 . The malpractice complaint against Epstein was filed November 12, 1986. Please advise . Al • F F, 2- ( 17 CALVIN D. ZAMANSKY ATTORNEY AT LAW Great Western Building 2150 Shattuck Avenue, Suite 810 Berkeley, California 94704 ( 4151 644-2999 0�' s169 Attorney for Claimant To: CONTRA COSTA COUNTY and J.R. OLSSON, Contra Costa County Recorder: CY EPSTEIN hereby makes claim against the CONTRA COSTA COUNTY !t and J.R. OLSSON, Contra Costa County Recorder, for a sum unknown at this time, but believed by Claimant to total at least $45,000 .00, plus interest from the date this claim is made, and makes the following statements in support of the claim: 1. Claimant ' s post office address is 2566 Macdonald Avenue, Richmond, California 94804-1833 . 2 . Notices concerning the claim should be sent to Calvin D. Zamansky, Attorney at Law, 2150 Shattuck Avenue, Suite 810 , Berkeley, California 94704. 3 . The date and place of the occurrence giving rise to this claim are November 12, 1986 and Martinez, California. 4. The circumstances giving rise to this claim are as follows: On November 12, 1986, a Complaint was filed against Claimant by George N. McCulla, in Contra Costa County Superior Court, Action No. 293554 , alleging damages against Claimant, for the alleged misrecording of a deed of trust pertaining to real property commonly known as 77 Dorchester Drive, Daly City, California. The office of the Contra Costa County Recorder, and J.R. Olsson, • Contra Costa County Recorder, are liable, under Government Code, §27203, for damages to Claimant arising from- recording of the subject deed of trust. 5. The full extent of Claimant' s injuries are unknown at this time, but Claimant believes they include monetary injury in a sum totalling at least $45,000.00, plus interest as of the date this claim is made. 6. The names of the public employee causing Claimant ' s injuries are unknown. 7. Claimant' s claim as of the date of this claim has not yet been determined, but is in an amount totalling at least $45,000 .00 , plus interest as of the date this claim is made. 8. The basis of computation of the above amount is as follows: The base amount of $45,000 .00 is amount of the note secured by the subject deed of trust. Dated: February 17, 1987 CALVIN D. ZAMANSKY Attorney for Claimant -2- 1 Lori J. Gualco, Esq. BELZER, JACKL, KATZEN, 2 HULCHIY, MURRAY & BALAMUTH L E 2033 North Main Street, Suite 700 3 Walnut Creek, California 94596 NOV 1 2 1986 Telephone: (415) 932-8500 4 J. R. 000Nt County Cierg aMnM&aurA coUN7y, 5 Attorneys for Plaintiff GEORGE N. MCCULLA 6 8 �.. Z,/ 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF CONTRA COSTA z � I1 m 12 GEORGE N. MCCULLA, ) NO. 263564 w ) Q o 13 Plaintiff, ) Z 14 vs. ) COMPLAINT FOR DAMAGES U N ¢ i } W O w s ) FOR MALPRACTICE w N Y 15 CY EPSTEIN; THE LAW OFFICES ) z Q ¢ OF CY EPSTEIN; THE LAW FIRM ) a z 16 OF POWERS & EPSTEIN and ) StjE►xtoh$ ISSUED DOES 1 through 50, ) 17 inclusive, ) U ) _ 18 Defendants. 19 m _ 20 Plaintiff hereby alleges, as follows: 21 1. Plaintiff alleges, on information and belief, that 22 currently, defendant THE LAW OFFICES OF CY EPSTEIN is a 23 professional corporation, engaged in the practice of law, with 24 offices at 2566 MacDonald Avenue, Richmond, California, and 25 currently, defendant CY EPSTEIN is the sole shareholder of the 26 shares of the corporation and . engaged in the practice of 27 law. 28 -1- f 1 2. Plaintiff alleges, on information and belief, that at 2 portions of the times herein mentioned, defendant THE LAW FIRM 3 OF POWERS & EPSTEIN (hereinafter the "THE POWERS LAW FIRM" ) 4 was a partnership engaged in the practice of law, with offices 5 at 4101 MacDonald Avenue , Richmond , California, and that at 6 portions of the times herein mentioned, defendant CY EPSTEIN 7 was a partner in THE POWERS LAW FIRM. 8 3. Plaintiff is informed and believes, and on that basis 9 alleges, that at all times herein mentioned, defendant CY 10 EPSTEIN was licensed to engage in the practice of law in the x z 11 State of California. d d 12 4. At all times material hereto, defendant CY EPSTEIN .n W o 13 practiced law in the County of Contra Costa, State of U, a w j z W 0 14 California, first under the name of THE LAW FIRM OF POWERS & ¢ U ; = W z U W 15 EPSTEIN, and currently under the name of THE LAW OFFICES' OF CY a Z Cl 16 EPSTEIN, A Professional Corporation. 3 17 5. Plaintiff is ignorant of the true names or capacities Y U 18 of defendants sued herein as DOES 1 through 50 , inclusive and 19 therefore sues such defendants by such fictitious names. 20 Plaintiff will amend the complaint to allege their true names 21 and capacities when ascertained. 22 6. Plaintiff is informed and believes, and thereon 23 alleges, that each of the fictitiously named defendants is 24 responsible in some manner for the occurrences herein alleged, 25 and that plaintiff's losses as herein alleged were proximately 26 caused by the actions of said defendants . 27 7. Plaintiff is informed and believes, and on that basis 28 alleges, that at all times relevant herein, each of the -2- I defendants above-named, were •the agents , servantsand 2 employees of each of their co-defendants, and each was acting 3 within the course and scope of such agency and employment in 4 doing the things hereinafter alleged. 5 8. In or about 1984 , plaintiff retained and employed 6 defendants, THE POWERS LAW FIRM and CY EPSTEIN, to represent 7 plaintiff as plaintiff/seller 's attorney in the sale of The 8 Hickory Post Restaurant, located at 13255 San Pablo Avenue , 9 San Pablo, California, to buyers Beatriz and Teodoro Abacan. 10 9. Defendants CY EPSTEIN and THE POWERS LAW FIRM were to x 11 represent plaintiff in all aspects of the above-referenced 12 sale, including but not limited to, negotiations regarding the r � W o 13 sale of said business , financial arrangements and documenta- ec a Fg 14 tion, the drafting of all sale documents, including promissory W a g X N x m 15 notes, deeds of trust, contracts of sale, addenda, security z a — z 16 agreements, escrow instructions, recordation of appropriate " 3 17 documents , the placing of demands in escrow, and advising and Y U 18 representing plaintiff in all aspects of the sale of such .i 19 business. Defendant attorneys accepted such employment and 20 agreed to perform such services for plaintiff. Thereafter, 21 defendant CY EPSTEIN left defendant THE POWERS LAW FIRM and 22 formed THE LAW OFFICES OF CY EPSTEIN, A Professional 23 Corporation. At the request of defendants CY EPSTEIN and THE 24 LAW OFFICES OF CY EPSTEIN, A Professional Corporation, and 25 with the consent of defendant THE POWERS LAW FIRM, plaintiff 26 retained defendants CY EPSTEIN and THE LAW OFFICES OF CY 27 EPSTEIN for said same services and representation. 28 -3- ] 10. During 1984, 1995 and 1986, defendants rendered 2 their services to plaintiff and provided advice and prepara- 3 tion of all documents regarding the sale of The Hickory Post 4 Restaurant by plaintiff to the Abacans. At all times 5 thereafter, defendants , and each of them, failed to exercise 6 reasonable care and skill in undertaking to perform the legal 7 services for which they were retained by plaintiff and negli- 8 gently and carelessly failed to properly advise plaintiff in 9 the sale of the business to the Abacans and failed to properly 10 prepare and record the documentation on behalf of plaintiff. z ti 11 11. Defendants failed to exercise reasonable care and 12 skill in representing plaintiff in that, among other things, o W o 13 they � w W 0 14 a. Failed to properly record a deed of W j s trust on property commonly known and " 15 WY located at 77 Dorchester Drive, Daly 5 X W W Z N City, California, and in fact recor- a z 16 ded the deed of trust in the wrong < _ Z county; " 3 17 b. Failed to include the requirement in 18 agreements between the parties that N the Abacans record a deed of trust m 19 on real property commonly known and referred to as 28 Humboldt Court, 20 Pacifica, California, as further security for the promissory notes 21 executed by the Abacans, and failed to obtain the deed of trust as 22 security; 23 C. Failed to require that escrow be completely funded by the lender on 24 behalf of the Abacans prior to allowing the Abacans to take over 25 and operate the business commonly known as The Hickory Post 26 Restaurant; 27 d. Failed to properly execute the docu- ments for sale of the 'lease, and 28 obtain adequate security from the Abacans for the sale of such lease -4- 1 prior to having plaintiff execute an assignment of such lease. 2 3 e . Failed to properly secure that portion of the purchase price 4 carried back by plaintiff in the form of a promissory note; 5 f. Failed to properly counsel and 6 advise plaintiff with respect to restructuring and/or revising the 7 promissory note (s) ; 8 g. Failed to place a demand on behalf of plaintiff in a third party escrow 9 for the approximate amount of $50, 000 due and owing from Abacans 10 to plaintiff, in accordance with the provisions of the sale documents; 11 and, 12 h. Failed to retain a first position o for plaintiff on a UCC-1 Financing a o 13 Statement of the Abacans securing W Z the amount of monies due and owing g 14 from the Abacans to plaintiff, ' W thereby effectively blocking the 15 obtaining of conventional funding. W z W Uj UJ z 16 12. Had defendants exercised proper care and skill in z � w Z 17 their representation of plaintiff , plaintiff would not have : Y v 18 (1) had the promissory notes unsecured by the Abacans through 19 the misrecording of a deed of trust on the 77 Dorchester 20 Drive, Daly City, California and the failure of defendants to 21 secure a deed of trust on the Humbolt Court property; (2) 22 allowed escrow to close and the Abacans to take over and 23 operate the business without the funding and adequate security 24 on all promissory notes for the sale of such business; (3) 25 executed an assignment of the lease without adequate security 26 for such assignment; or , (4) modified the promissory notes, 27 all which caused damage to plaintiff, in an amount which is 28 -5- 1 not yet known, but which exceed' 'twenty-five thousand dollars 2 ($25,000) and which will be proven at time of trial herein- 3 13. Plaintiff is , informed and believes , and on that - , 4 basis alleges, that defendants, and each of them, in acting as 5 hereinabove set forth, did so willfully, wantonly, deliberate- 6 ly, and in conscious disregard of plaintiff's rights and 7 plaintiff is thus entitled to an award of punitive damages 8 against defendants, and each of them. 9 WHEREFORE, plaintiff prays for judgment against 10 defendants, and each of them, as follows: s f 11 1. For general and special damages in 12 an amount to be proven at the time y a5c a P o 13 of trial herein; y r W m f z t- 14 2. For punitive damages in such sum as > r LL 8 S j w Q XN y m 15 the Court shall determine are appr.o- w Z w W a 16 priate; UJ ti z Y 3 17 3 . For interest on all damages allowed Y tU 18 by law; ISd w 19 4. For cost of suit incurred herein; 20 and , 21 5. For such other and further relief as " 22 the Court may deem just and proper. 23 24 25 DATED: November 7, 1986 BELZER, JACKL, KATZEN, HULCHIY, MURRAY & BALAMUTH 26 Lori J. Gu o 28 Attorneys for Plaintiff GEORGE N. MCCULLA -6- 1 VERIFICATION 2 I am the plaintiff in the above-entitled action. I - 3 declare that I have read the foregoing COMPLAINT FOR 4 MALPRACTICE and know the contents thereof; that the same is 5 true of my own knowledge , except as to matters which are 6- therein stated upon my information or belief, and .as to those 7 matters I believe them to be true . 8 I declare under penalty of perjury that the foregoing is 9 true and correct. 10 Executed this g5day of October , 1986 , at x r 11 California cc 12 } o w g N 13 e W z eorge N. McCalla > W N o 14 Q U w y Y 15 S w z w w _ z � v 16 L.; w a z D x Z LU _ 3 17 Y 'v < 18 a Q 19 20 21 22 23 24 25 26 27 28 ' -s - RECORDING REQUESTED BY MAP 2 7 1985 GEORGE N. McCULLA 85 '37324 Y wmgN,$se ONOtto MAIL To r T /V O'CLOCK /�' M. w Nemg POWERS 6 EPSTEIN CONTRA COSTA COUNTY RECORDS s„e*► Attorneys at Law ,I.R. OLSSON Address 4101 Macdonald Avenue COUNTY RECORDER CIIY6 Richmond, CA 94805f-EEtv J S SPACE ABOVE THIS LINE FOR ECO ROE R'S USEo.�� SNORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS This Deed of Trust, made this day of March, 1985 , between 'BEATRIZ SANTOS ABACAN and TEODORO M. ABACAN herein called TRUSTOR, whaaeaddress is 28 Humboldt Court, Pacifica, California (number and street) (city) (zone) (orate) FOUNDERS TITLE COMPANY,a California corporation,herein called TRUSTEE,and GEORGE N. McCULLA herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ABBIONS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in San Mateo County, California, described as; Lot 20, Block 42A, as designated on the Map entitled, "WESTLAKE UNIT NO. 4B, DALY CITY, SAN MATEO COUNTY, CALIFORNIA", which Map was filed in the office of the Recorder of the County of San Mateo, State of California on March 12, 1952, in Book 34 of Maps at Page 35. (ASSESSOR'S PARCEL NO. 002-121-350) In the event the herein described property or any part thereof,or any Interest therein Is sold,agreed to be ould,conveyed or alienated by the Trustor,or by the operation of law or otherwise, all obligations secured by We Instrttmont, irrespective of the maturity dates expressed themeln,at the option of the holder hereof and without demand or notice shall immediately b,•eome due and payable. TOGETHER WITH the rents,issues and profits thereof,SUBJ EcT,HOWI.V F.R,to the right,power and authority given to and conferred upon Beneficiary by paragraph(10 of the provisions incorporated herein by reference to collect and apply such rents,i sauce and profits. For the Purpose of Securing: 1. Performance of eachagreemrnt of Trustor incorporated by reference or contained herein. 2. Pny- mentof the indebtedness evidenced byone promieeorynote of even date herewith,and any extenxion or renewal thereof,in the principal sum of S 45 000.00 executed by Trustor in favorof Beneficiary or order. 3.Paymenc of such further sums as the then recordownerof said property hereafter may borrow from Beneficiary,when evidenced by another note(or notes)reciting it is so secured. To Protect the Security of This Deed of Trust, Trustor A fees: liytheexecutionand deliveryofthis llerdofTrust and the note secured hcrehy,that provisions(1) to(14),inclusive, of the ictitious deed of trust recorded in Santa Barbara(:aunty and Sonoma(:ounty October 18,1961,and in all other counties October 23, 1961,in the book and at thepage of Official Records in the office of the county recorder of the county where said property is located,notedbelow opposite the nwneuf such county,via COUNTY BOOK PAGE COUNTY BOOK RAGE COUNTY 6009 PAGE COUNTY BOOK PAGE Alea1Ne 43S 664 Runge 111 633 ►Isar 115 301 Siena 19 335 AIPIM 1 150 lake 361 39 Plumes 151 S fisklyou 461 III Amoder .. 104 341 to$$*" 171 471 Riverside 3005 553 $alone 1105 111 Sw►►o ;1145 1 too Angeles 113015 SP1 Satrsmon►o 4331 69 $*memo 1151 649 Colsvesis 45 153 Madera 110 170 Son Smits 971 343 Stanislaw$ 1713 456 Colwsa 1% 617 Morin 1504 339 sem Bernadino $561 61 $wore► $79 997 Contra Costs 3971 47 MoriPese 77 191 tion Francisco A332 10S Tehama 401 119 001 Notts 71 414 Mandating $79 530 sem Joaquin 1470 311 Trinity 93 3” of Owed* SN 456 Merted I$4r 531 fen Luis 06140 1151 11 11wlere 9994 973 Fresno 4616 571 Model 114 851 Son Mete@ 4071 170 Tuolumne 135 47 Glenn 411 114 Mans 59 419 Seats ferbam We 160 Venture 1063 366 Humboldt 657 $27 Monterey 1194 $31 Santo Clore $336 341 Yale 653 145 Imperial 1091 $01 Naps 639 16 Sant*Crus 1431 494 Yuba 334 416 Ingo 147 511 Nevada 305 310 Shs$►a 614 $28 Karn 3497 60 Orange $009 611 Son Diego series 9 Book 1961,Page 183617 (whichprovi%ions,identical in all counties,are printed an the reverse hereof)hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length;that he will observe and perform said provisions;and that the references to propert ,obligationo,andpartiesInsaid provisionsshall beconstrucdtorefer totheproperty,obligations,andpartiesset forth inthia bred o�Trust. The undersigned Trustor requests that a copy of any Notice of 11rf ault and of any Notice of Sale hereunder be mail ed to him at his address hereinbefore set forth, STATE OF CAUFORNI nature u/�ru.ttur ccxof Contra Costa } ss. c'� ssc.Jrrn x+ Gia W March 1$I 1985', before me, the undersigned, SANTOS ABACAN a Notary Public in -and for said State, personally appeared fleatri: Santos Abacan and TeodoroAbacan, proved to fill@ an the basis of satisfactory evidance to be the person—Li6hose name s are subscritxd to"the within _ _ _ _ instrument and acknowletlked that th@Y executed the same. OFFICIAL SEAL 11TINENS my hand and official seal, VERNA D. RODDEN NOTARY PUB0C•CALIFChU.A �iKnature i&.t 4 a CONTRA COSTA COUNTY My Commi$Non Expires MoY 27. 1988 V,m,c CI or PrIn Ivdf 1111,..afro Sarno/+t.r„A n�lrn ut ■rr1) 1002.OPC-74 END O OYbrUMEIIT o` i