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HomeMy WebLinkAboutMINUTES - 03311987 - 1.17 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT March 31, 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 wWARNING" below. Claimant: JOHN.1. SERTICH . 72 Camino Sobrante Attorney: Orinda, CA 94563 Address: Amount: $150. 00 By delivery to Clerk on March 6, 1987 Date Received: March 3, 1987 By mail, postmarked on March 3 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application o F' a Late Claim. DATED: March 25, 1987PHIL BATCHELOR, Clerk, By CC-Lf Deputy _ L. Ha'l II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Late Claim (Section 911.6). DATED: ,--;ze ICTOR WESrW, County Counsel, By L . I �y III. BOARD ORDER By unanimous vote of Supervisors presen (Check one only) This Application is granted (Section 911.6). ( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: MAR 3 1 1987 PHIL BATCHELOR Clerk B Deputy Y - ! Y WARNING (Gov. Code 3911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed With the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediatel . IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County A nistrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof. has ben filed and endorsed on the Boards copy of this Claim in accordance with Section 29703. DATED: APR 01 1981 PHIL BATCHELOR, Clerk Deputy � B3' P Y 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 Contra Costa County VEO MAR D 1987 fit. t; G �` UY- oilita Of 30014 County administrator 200-erd 0 t SL4f Qrvl,60 , cowAYa Cay (0LkVJ) RECEIVED D fax 1 Mak 09 190-7 c, r Lj U-rv.'D c.0 w�Z,� bV6 vo � T\` . u ,_� *x-,, l.a.rt7�-c �L c�C t ay CLA W i t C6 rti�`v.o W a S63 AIM TO: BOARD OF SUPERVISORS OF CONTRA COW*n% Xapplication to: Instructions to ClaimantC!erk of the Board Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end his form. RE: Claim by )Reser v � * g stamps apkr. L. �C>Fr� c � ) Q � � d a -� RECEIVED br+`r.��t + hC:'GsU '14~63 ��� Against the CCO�UNTY OF CONTRA COSTA) FEB/Cj 1987 or DISTRICT) s Fill in name ) e •C T ° °C cs The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ I_'0 .00 and in support of this claim represents as follows: ---------------------------:----------------------- 1. When did the damage or/ in3ury occur? (Give exact daat/e nd hourj -- - _'i ek cX _ C __ cto �G4r� G� MGtied O re,e d�3 the damage cr injury occur? (Incde city and county) 2 Carr o So 6ral4c 3. How did the damage or injury occur? (Give full details, use extra . sheets if req..�uired)) / ,, /f D e 4Pc�i v'e c-[a h.f�o 4&tt �ef' r'H T� Gf f'I`u(lGc)d+� !r� `7 z �t M ap goecti,- bc�Cke� 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, servants or' employees causing the damage or injury? ' JQT QC f rL4 GMe-AD ---------------------------------------------------- -------------------- 6. What damage or injuries do you claim resulted? iaive full extent of injuries or damages claimed. Attach two estimates for auto damage) SAL 4b xr 3 . ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective njury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. $S vu LO U 3 1 La�a .� � (`�orr.r`q 1 4-S4-� ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 11 $"� (2e ,• f rS 49 1 SO •CFD Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney Claimant's Signature Address Telephone No. Telephone No. NOTICE Section 7.2 of the Penal Code provides: "Every person who, with intent to defraud, presents for all-owance 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. " DEVENOENZO CONSTRUCTION 3385 WEST TERRACE LAFAYEITE,CALIFORNIA 94549 (415)284-9284 LIC.NO.303166 OCTOBER 29, 1986 MR. &MRS.JOHN SERTICH 72 CAM I NO SOB RANTE ORINDA,CALIFORNIA 94563 PROPOSAL DEVENGENZO CONSTRUCTION IS PLEASED TO SUBMIT THE FOLLOWING PROPOSAL TO REPAIR THE DAMAGED BRICK WALL AT THE ENTRANCE STAIRS ADJACENT TO THE DRIVEWAY AT YOUR HOME LOCATED AT 72 CAMINO SOBRANTE,ORINDA,CALIFORNIA,THAT WAS DAMAGED BY A CONTRA COSTA COUNTY SHERIFFS DEPARTMENT VEHICLE. REMOVE BROKEN BRICKS AND REBUILD WITH NEW BRICKS TO MATCH EXISTING FOR THE SUM OF ------------------------------------ $150.00 *NOTE: THE NEW BRICKS THAT WE WILL INSTALL WILL BE MATCHED AS CLOSE AS POSSIBLE AS PER AVAILABILITY OF USED BRICKS WE CAN LOCATE. RESP CTFULLY SUBMITTED, LAWRENCE A. DEVENOENZO LAD/vd cc �i01'ltrd rhe Board of Supervisors OM of go boald am am"AdMbVWMW ',ounty Administration Building Cx. ga M-071 D.O. Box 911 Oa}1ine2, California 94553 IV$,POMM.it Doric, �r•f C Vsho+L VW patriot NeW I bCwoiW.k0 pKinct Wew.V,,"l rtrhK.Don Dsr.c, �M►TpN��.tilr+Dotnc! . TO: John L. Sertich 72 Camino Sobrante Orinda, CA 94563 ! MCE 70 CLkVVM Iff (Government Code Section 911.3) (X) ew claim you presented to the ward of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa alb/oar • District, an February 13 1987 is being returned to you herewith because—it it presenERrWthin 100 days after the am t or cc9currence as required by law. (See Sections 901 Arid 911.2 of the Government Code.) Because the claim was fat presented within the time allowed by law, w action was taken an the claim. Tea only recourse at this time is to apply without to the Board of Supervisors (in its capacity fated above) f�Y leave to present a late claim. (See Sections 911.6 to 912.2, inclusive, and Section 966.6 of the Government Code.) ander some circumstances, leave to present a late claim will be granted. (See Section 911.6 of the Government OMe.) You ahoy meek the advice of an attornry of yoga choice in connection with this matter. if you desire to consult an attoc- ney, you should do so, Immediately. 20 SB PIUMD IN W SM CUCRK OF Ta Ba1Rfl Cid a APPLIOU92: t I firoe a portion of your claim is not untimely, we are f9tsinin9 a aapy of Yea claim for Board action an that portion of Your claim which is not untimely. Mai BatAebc,Clerk of the Board of SuperY un and Couaq Admwwa*..0 BY: V—�61zIn OeyutY Mark Bate Febris_^251 1987 F AMENDED /17 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 31, 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: Unspecified Section 913 and 915.4. Please note all "Ir;KA01nty-Counsel CLAIMANT: JOSEPH ALLEN MAR.O 51987 c/o Laurence F. Padway ATTORNEY: Pafway & Padway, A Professional Corporation Martinez, GP, 94553 515 16th Street Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON March 3 , 1987 CC BY MAIL POSTMARKED: February 27 , 1987 I. FROM: Clerk of the Rwd of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. D� / PpHHIL BATCHELOR, Clerk DATED: March 5, 1987 Bv: 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: �C/.lh `���� /�7 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 A�A�rle�lp,� ( ) 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 31 1987 � Dated: PHIL BATCHELOR, Clerk, By �C—� 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: A P R 0 11987 BY: PHIL BATCHELOR Deputy Clerk CC: County Counsel County Administrator V� PADWAY PADWAY A Professional Corporation Other Offices 515 Sixteenth Street Sar►Francisco Oakland,CA 94612 Saul Jose _ (415) 8397999 February 25, 1987 Vicki Finucane, Esq. County Counsel Deputy County Counsel �iAtl U 12 1987 Post Office Box 69 Martinez, CA 94553-0116 Martinez, CA 94553 RE: Claim of Joseph Allen Date of Loss: January 20, 1987 Dear Ms. Finucane: We are in receipt of your Notice of Insufficiency And/Or Non-Acceptance of Claim of February 6, 1987. In regard to Mr. Allen's injury, he sustained injuries to his back and is still under the treatment of Bruce Thompson, M.D. , 6105 San Pablo Avenue, Oakland, CA 94608 . He is also seeing Paul Romero, D.C. , 364 - 41st Street, Oakland, CA 94609. Mr. Allen is still incapacitated is still unable to work at his job as a roofer wherein he earns $21. 00 per hour. The total medical bills from the two doctors are unknown at this time. Of course, as soon as we have more information regarding Mr. Allen's injury and recovery, we will let you know immediately. Very truly yours, Peter Golden Paralegal PG:ead (�_ �vEo f O ON r � 91 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT March 31, 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: MICHAEL 11. JONES RECEIVED c/o Ronald M. Schwartz Attorney: Attorney at Law MAH 101987 140. Mayhew flay , #100B COUNTY COUNSEL Address: Pleasant Hill, CA 94523 MARTINEZ, CALIF. Amount: $250, 000 . 00 By delivery to Clerk on March 4, 1987 transmittal Date Received: By mail, postmarked on February 26 , 1987 Certified P 465 293 973 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: March 9 , 1987 PHIL BATCHELOR, Clerk, By V Z- Deputy 0 L. Hall IS�I//. FROM: County Counsel TO: Clerk. of the Board of Supervisors CX ) The Board should grant this Application to File Late Claim (Section 911.6). ( ) The Board should deny this Application to File Late Claim (Section 911.6). DATED:/ a5i 19S7VICTOR WESTMAN, County Counsel, By� III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) (X,) This Application is granted (Section 911.6). ( ) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: MAR 3 1 1987 PHIL BATCHELOR, Clerk, By 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 attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. APR 01 1987 PHIL BATCHELOR Clerk W%� Deputy DATED: , , By P Y 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 In the Matter of the APPLICATION FOR LEAVE Claim of Michael M. Jones TO PRESENT LATE CLAIM [Gov C Section 911 . 41 against Contra Costa County TO County of Contra Costa : 1 . Claimant Michael M. Jones hereby applies to the governing body of the County of Contra Costa for leave to present a claim against said County pursuant to Section 911 . 4 of the California Government Code. 2 . The cause of action of Michael M. Jones , as set forth in his proposed claim attached hereto, accrued on June 16, 1986 , a period within one year from the filing of this application. 3 . Michael M. Jones " reason for the delay in presenting his claim against the County of Contra Costa is as follows : a . At the time that the cause of action accrued claimant Michael M. Jones was a minor. b. At the time that the cause of action accrued and until very recently Claimant and his attorney were unaware - of the allegation by the driver of the automobile which caused the collision that her vision was obstructed at the time of the collision. Claimant 's attorney was first made aware of this allegation on January 27 , 1987 and thereafter made this application to file late claim as soon as was practicable upon learning of this allegation. Claimant 's attorney was so informed on January 27, 1987 when he received a telephone call from attorney Thomas Pfalzer of the McNamara law firm that they would be asserting a claim against the county for a dangerous condition which allegedly obscured Laura Meiser "s view at the subject intersection. C. Claimant 's attorney is informed and believes , based on information relayed to him through attorney Thomas Pfalzer, that the county became aware of the obstruction of vision a day or two after the subject accident, and took steps to inspect the subject intersection and trim the bushes and/or otherwise reduce the obstruction at the subject intersection. The county therefore has not been prejudiced in any way by claimant 's failure to present a claim against the county previously since the county has had ample opportunity to investigate and prepare its defense based on its actual notice of the circumstances giving rise to this claim. d. Any failure to present the claim was through mistake, inadvertence, surprise or excusable neglect. Nor was the County prejudiced by the failure to present the claim within the time specified in Government Code Section 911 . 2 . 4 . This application is presented within a reasonable time after the accrual of the cause of action and within a reasonable time after claimant learned of the possibility of a claim against the county. WHEREFORE, it is respectfully requested that this application be granted and that the attached claim be received and acted upon in accordance with the appropriate sections of the California Government Code. DATED: RONALD M. SCHWARTZ On Behalf of Claimant Michael M. Jones Claim Against Public Entity TO County of Contra Costa : Michael M. Jones hereby makes claim against the County of Contra Costa for the sum of $250 , 000 . 00 and makes the following statement in support of the claim: 1 . Claimant 's post office address is 3049 Wildwood Drive, Concord, California 94518. 2 . Notices concerning the claim should be sent to Ronald M. Schwartz , Attorney at Law, 140 Mayhew Way, Suite 100B, Pleasant Hill , California 94523 and to Don Bacher, Francis Jones and Michael Jones at 3049 Wildwood Drive, Concord, California 94518 . 3 . The date and place of the accident giving rise to this claim are June 16 , 1986 at Reliez Valley Road at or near its intersection with Alhambra Valley Road in an unincorporated area of Contra Costa County. 4 . The circumstances giving rise to this claim are as follows: At the above time and place claimant was driving a motorcycle and was struck by a vehicle driven by Laura Lee Meiser, 515 Eagle Nest Drive, Martinez , California 94553 . One of the allegedly contributing factors to the occurrence of the collision was a dangerous condition at the intersection of Reliez Valley Road and Alhambra Valley Road, said dangerous condition being the existence of bushes which Laura Lee Meiser, through her attorney, now claims obstructed her view , immediately prior to the collision. In addition, this intersection was a dangerous condition because of a failure to have a stop sign or traffic signal at the subject intersection. 5 . Claimant 's injuries include bruises and contusions , pain in the back, and other personal injuries . 6 . The names of the public employees causing the claimant 's injuries are unknown. 7 . The claim as of the date of this claim is for $250, 000 . 00 . 8 . The basis of computation of the above amount is ' as follows : . Medical expenses Unknown at this time Loss of wages General damages $250, 000. 00 DATED: RONALD M. + SCHWARTZ-' On Behalf of Cla Michael M. Jones BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim.Against the County, or District governed by) BOARD ACTION tha Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 31 , 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: $300 . 00 Section 913 and 915.4. Please note 4100 atYiOdUnsel ' CLAIMANT: WILMA FAYE BAXTER MAR,2 3 1981 ATTORNEY: Martinez, CA 94553 W25727 Date received ADDRESS: Latham B Dorm 378 BY DELIVERY TO CLERK ON March 23 , 1987 Frontera, California 91720 BY MAIL POSTMARKED: March 20 , 1987 I. FROM: Clerk of the Boiird of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 23 , 1987 !, �eputyLOR, Clerk o'. Ann CeYvefli 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: p�,� , �9 �7 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 *6 AAI6-1&--0 (J� 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. o A Dated: MAR 3 1 1987 PHIL BATCHELOR, Clerk, By ✓`C 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: APR 0 1 1987 BY: PHIL BATCHELOR by X��eputy Clerk CC: County Counsel County Administrator fir•"� i RECEIVED MAR.23 1987 hyl{3}tL"11tL A 0 A 77 oowv 'o a - 55 h ;i t e7 ,: 7K • :� :A .7. C l f/�A��17aQ�,378 4F70 z/ . ✓ l`Zc-�� •'3�1 y; Y:itR +:aY z f.M y MIQ F, CiIM 'T0: BOARD.OF SUPERVISORS OF .CONTRA CO§acF4? yapplication to: Instructions to ClaimantC!erk of the Board ..: a .O.BOX 911 Martinez.California 94553 A. Claims relating to causes of action for death or for injury to person or to personal propertyor growing crops must be presented not later than the 100th day after the accrual of the cause of action. Zla;.ms relating to'anyother cause of action must be = " " presented not later than one..year after the accrual of the Cause a of action. . (Sec. 9q, Govt. Code) i _._. '. .. YN• r-ter" "` . B. Claims must be filed with the Clerk of the Board of Supervisors a• at its office in Room 106, County Administration Buildin g, 651 Pine Street, Martinez, California 94553. ;1 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. ♦�**:�:�:arr,r�***�**��,r�*��*****:�r,�****w*rr�w,�*ww*t*�*�*rte«��f�**�t*�**t** RE: Claim by )Reserved for Clerk's filing stamps Against the COUNTY/OF CONTRA COSTA) or &"7Zy DISTRICT) Fi 14 in name ) The undersigned claimant hereby makes claim against tie C , of Con a r: Costa or the above-named District in the sum of ;' and in support of this claim represents as follows: w6v _ ------------- -- - -- - - ------- . 1. When did the damage or injury!ccur? (Give exact date anAM d hour] r 2 wfiere did-tie-damage o= injury occur?--(Icl de city and----------- n -~ 3. How did the ddmage or injury occur? ZGive tu1S cietai�s se pxt $beets if required) y WY o C'/oY .� .P��E% ��� / i/ 'dpi` �wl4ls 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, servants or employees causing the damage or. in jury? � >Sis� �/• ��fr�if.� _ . 6. What damage or Ujuries do you claim resulted? ZG�ve full extent of injuries .oi damages claimed. Attach two estimates for to damage) oo ' h - ;J: 7. How was the amount claimed above computed? Include the estimated ----7a-moount of any prospective injury or damage. ------------------------------------------------------------------------- 9.yames and addresses of"witnesses, . d ctors and hospitals. 60 Y� , �. List the expenditures you made on account of this accident or injury: DATE ITEM MOUNT475- 7 7 Govt. rode Sec. 910.2 provides: '."The claim signed by the claimant SEND NOTICES TO: (Attorney) at by sore person on his behalf." y Name and 'Address of Attorney 7 Cla s Sign re . .. Address . C 17 Telephone No. Telephone No. WOTICE - 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." i '..i f}. ;', .:. .- •..s.. .::.... .:-'..;,.._ ..._b SRS�?'i../.,h`PPT. k:d}✓3. t,.0 >..:"r+n..y:.'... are t� 1 CLAIM TO: BOARD .AF, SUPERVISORS OF .CONTRA COW rF4Yapplication to: =� "rr3nstructions to `ClaimantC!erk of the Board M ' P.O.Box 911 ' Martinez.Ca!ifomia 94553 A, Claims relatintl 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. 911.2r•-Govt. Code) i` .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. r 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: Cl/ai/m�I by )Reserved for Clerk's filing stamps Against the COUNTY OF CONTRA COSTA) or �1� � cl f�/�i� DISTRICT) Fiin nameT- 11 The undersigned claimant hereby makes claim against the Count► of Contra r Costa or the above-named District in the sum of $_ �6 and in support of this claim represents as follows: --- --- -: ------------ - - -- - - �. When did the damage or injury occur? (Give exact date and--ho--urs- -x yAM `` -- ••-- �•- - -- --------- --- ----- ----- --------T--------____ -77I '`, dd-tie damage or injury occur? (Incl/��]de city and unty) :, 7 I C' 3. How did the ddage or injury occur? Give iul� details, se xt--- ph�is if required)L tUrpS .¢ ' -V' - `4 - ✓�� y.� �iyy CJ '00;, s 4e 7 4. RRat particular act or omission on the-part of county or district officers, servants or employees caused the injury or damage?Z it &9 X46 (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 7090 u 'if r. 6. Whatl�tmage or �n�uries do you claim resulted? ZG�ve dull extent of injuries .o= damages claimed. . Attach two estimates for &Uto damage) oa 7. How was the amount claimed above computed? IInciude the estimate amount of any prospective injury or damage. ., ---- S. Vames and addresses of witnesses, d ctors and hospitals. ClOyl- �. List the expenditures you made on account of this accident or a.n'ury: DATE ITEM OUNT t 0-71 �; 7 #!!!!!!!!!!!!#!!!!#!!#!!!!!!!!!!!!RRlRRRlR!##R#!R##!#!#RBBB#RRRRRRRRRRRR## Govt. Code Sec. 910.2 provides: pThe claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and 'Address of Attorney Claimant's Signature . .. Address Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " 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 31, 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: Unspecified Section 913 and 915.4. Please note alt^L0wiyngo.unsel CLAIMANT: CITY OF ORINDA MAR.0 5 1987 26 Orinda Way ATTORNEY: Orinda, (ZA 94563 Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON February 26 , 1987 CAO BY MAIL PpSTMARKED: no envelo]e I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: March 2 , 1987 ��: 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: 5 i �� BY: L 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. MAR 31 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: APR .0� BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator 0 cc L Y American International Adjustment Company, Inc. 501 Lennon Lane, 2nd-Floor, Building B Shadelands Corporate Plaza P.O. Drawer 8022 Walnut Creek, California 94596 February 17, 1987 ���•tee. � COGK f7 /f o�GLtlI�1 r'S I rcLf� � R�'�►�� Go vt C sGc e,� Martinez, CA 94553 i Re: Our Insured: City of Orinda Policy No. : 59931993 Claim No. : 069-025215 Date of Loss: February 15, 1986 Dear Sirs: I received a claim on February 2, 1987 from Mark & R.N.Stefan against the City of Orinda. They claim their property was damaged by a drainage pipe, under their property. It is my understanding that said drainage pipe was used by the County previous to the City's use of the pipe for draining rain water. Therefore, I have enclosed a copy of the claim and notice of the countie's possible involvement. Sincerely, o� a American International Adjustment Company, Inc. Valims Mc ahon e-� Adjuster - CJM:jw encl. i 26 orindo woU orindo colifornio 94563 415 . 254-3900 January 27 , 1987 Mr. Ben Fernandez Cooper McKenzie Murphy P.O. Box 1030 Pleasanton, CA 94566 Dear Ben, Enclosed is a copy of a claim filed by R. N. Stefan, Mark Stefan and Lisa Stefan against the City of Orinda. Please forward the claim to the claims administrator. Sincerely, Tom Sinclair City Manager TS:nh t LAW OFFICES OF GOLDEN, STEFAN, ELLENBERG & TOBY A PROFESSIONAL CORPORATION THEODORE GOLDEN (1907-19711 (4151 S69-3030 R.N. STEFAN - MARVIN H.ELLENHERO 7677 OAKPORT HARRY J.TOHY SUITE 460 HOLLY HELMUTH OAKLAND,CALIFORNIA 94621-1967 EDWARD E.ROCKMAN GEORGE C.ROGERS TO: City of Orinda RE: Claim for Damages Brought by RECEIVED R. N. Stefan, Mark Stefan and JAN 1216 1987 Lisa Stefan, claimants CITYIMANAG R CLERK Pursuant to Government Code 85905 and 910, the following claim is presented on behalf of R. N. Stefan, Mark Stefan and Lisa Stefan for damages caused to their property and person by the City of Orinda: 1. Claimant's post office address is 8 La Plaza, Orinda, California. 2. Notices concerning the claim should be sent to Edward E. Rockman, Golden, Stefan, Ellenberg & Toby, A Professional Corporation, 7677 Oakport Street, Suite 460, Oakland, California 94621. 3. Claimants R. N. Stefan and Mark Stefan are co-owners of that certain real property commonly known as 8 La Plaza, Orinda, California consisting of a single family residence. Claimant Lisa Stefan is the wife of Mark Stefan and she and Mark Stefan make their home and reside at 8 La Plaza, Orinda, California. The City of Orinda owns and maintains the street Linda Vista which lies to the east and up a steep hillside from . La Plaza and the street Camino Sobrante which lies to the west and down slope from La Plaza. The City of Orinda or its predecessor in interest constructed a catch basin and drain which collects water from the hillside lying to the east of Linda Vista at a location approximately adjacent to 47 Linda Vista. From there the water flows through a pipe underneath Linda Vista and discharges into another catch basin on the hillside to the west of Linda Vista and adjacent to 54 Linda Vista. From there, the water enters another pipe which transports it down slope to a point on the hillside to the south of 62 Mira Loma. From there the water travels by a concrete channel for approximately 15 feet before entering another pipe which again transports it down slope before discharging it into a pipe which surfaces at the top of the La Plaza cul-de-'sac. The La Plaza pipe then travels underground before surfacing and discharging its water onto Camino Sobrante. The City of Orinda or its predecessor in interest have been discharging water into the La Plaza pipe for an unknown period of time but exceeding five (5) ,years from the claimants discovery of the use. Neither-claimants nor their predecessors in interest, nor others with a property interest in the La Plaza pipe, ever granted the f , :�.s . .. _ :.- _. ... -..:. _ _.. ..` _,.... .._.. .,..'t-:• .,: .���..usi.saY._ Al � x ✓ City of Orinda or its predecessor in interest permission to use the La Plaza pipe. La Plaza is a private road in which claimants have a property interest. The City of Orinda's use of the La Plaza pipe has been actual, open, continuous, uninterrupted, adverse, under a claim of right, and notorious for greater than five (5) years thus constituting a prescriptive use of the La Plaza pipe in the City of Orinda. 4. Neither claimants' property, nor the properties of the other homeowners situated on La Plaza discharge water into the La Plaza pipe. The La Plaza pipe has fallen into such disrepair that it no longer has structural integrity. The water has broken through the pipe and through the surface of the roadway creating a hole. The hole has expanded and is undermining the concrete driveway of claimants' property at 8 La Plaza. The water from the pipe first burst through the surface of the La Plaza roadway on or about February 15, 1986. 137fforts were undertaken by claimants and others to contain the water by filling in the hole but with each new rainstorm, the repair efforts failed and the hole continued to grow. On or about October 12, 1986, the source of the water being discharged into the La Plaza pipe, i.e. the catch basins and pipes draining the hillside at Linda Vista, were discovered by claimants. On that same date, a letter was sent to the City of Orinda seeking its assistance. To this date, the City has failed and refused to undertake maintenance and repair of the La Plaza pipe causing current damage to claimants. .,. The failure of the City of Orinda to maintain and repair the La Plaza pipe, forces the claimants to undertake repairs themselves in order to protect further damage to their property. The failure of the City of Orinda also obstructs the free use of claimants' property, obstructs the free passage and use of the La Plaza roadway, diminishes the value of claimant's property, interferes with the comfortable enjoyment of claimants' property, and constitutes a taking for public use without just compensation all to their special and general damage. 5. The names of the public employees causing claimants' injuries are unknown at this time. 6. At the time of the presentation of this claim, the amount required by claimants to repair the La Plaza pipe is not precisely known but will exceed the amount of $20,000.00. The amount necessary to compensate claimants for the damage to their real property, including diminution in value of their property at 8 La Plaza, Orinda, California is not precisely known, but estimated to be in the area of $100,000.00. The amount of damages for claimants' annoyance, discomfort, inconvenience, and mental suffering is $50,000.00 each. The total amount of damages as of this date is $270,000.00 DATED: January 23, 1987. GOLDEN, STEFAN, ELLENBERG ac TOBY A Professional Corporation Ry: EDWARD E. ROCK AN M..f ��.Hfik�a. ,c .{�.'�i!:Ci_ a..•i.i kf..:.aY cr: ,, ... .. =_ 8 DUCER �PIOW�HONE IAIC.NO.EXT 1 FOR COMPANY USE ONLY 51 846 4423 MICHAEL A. KELLY CO. ANY POLICY NUMBER Insurance Brokerage National Union Fire 5993 19 93 P. O. Box 26729, S.F., CA 94126 «.E„o„u, (415)7881177 Y EFF.GATE 1MM10D/Yv) POLICY EXP.OATE(MMIDDIYYI DATE(MMIODIYY)&TIME OF LOSS «c.w,co 7/1/85 7/1/86 2/15/86 A.M YES Michael 1Ce11�► lIIStaZ'auA:C/ P. NO E&ADDRESS INSURED'S RESIDENCE PHONE(AIC,NO.1 INSURED's BUSINESS PHONE(AIC.NO..EXT.) Cit of Oriada 415 254 3900 Y PERSON TO CONTACT WHERE TO CONTACT P.O. Box 937 Drinda, Calif. 94563 Tom Sinclair, City Manager WHEN CONTACT'S RESIDENCE PHONE(AIC.NO.) CONTACT'S BUSINESS PHONE(AIC.NO..EXT.) TION OF ACCIDENT(INCLUDE CITY&STATE) AUTHORITY CONTACTED 3 IS Plaza Orinda CCalif. RIPTION OF ACCIDENT(USE REVERSE SIDE,IF NECESSARY) 3ursting of La Plaza Pipeline, causing property damage. • • I,Fit I • RAGE PART OR FORMS,(INSERT FORM NOS.&EDITION DATES) IL0406 41611 L9153 L9193 L6111 26103 MITS PREMISESIOPERATIONS MED.PAY. PROOUCTSICOMPLETED CONTRACTUAL OTHER: DEDUCTIBLE OPERATIONS BI PD 'SL 11000,000 . ELLAJEXCESS POLICY IN FORCE. UMBRELLA EXCESS CARRIER: LIMITS: • ISES:INSURED IS OWNER TENANT OTHER TYPE OF PREMISES :R'S NAME&ADDRESS(IF NOT INSURED) OWNERS PHONE:(AIC.NO..EXT.) JCTS:INSURED IS MANUFACTURER VENDOR OTHER: TYPE OF PRODUCT 1 FACTURER'S NAME&ADDRESS(IF NOT INSURED) MANUFACT.PHONE:(IVC,NO,EXT.) 1 CAN PRODUCT BE SEEN? a LIABILITY INCLUDING COMPLETED OPERATIONS(EXPLAIN): &ADDRESS(INJUREDIOWNER) PHONE AIC.NO..EXT.) :.N Stefan and Mark Stefan, & Lisa Stefan 8 La Plaza Orinda SEX OCCUPATION EMPLOYERS NAME&ADDRESS PHONE(AIC.NO..EXT.) IIBE INJURY FATALITY WHERE TAKEN WHAT WAS INJURED DOING? Iroperty Damage IIBE PROPERTY(TYPE.MODEL.ETC.) ESTIMATE AMOUNT WHERE CAN PROPERTY BE SEEN? WHEN? 1 $270.0000 . NAME&ADDRESS BUSWESS PHONE(A1C,NO..EXT.) RESIDENCE PHONE(AIC.N0.1 WS complaint from claimant's attorney attached.- ransmittal letter from itv of Orinda also attac ed. RVIred REPORTED TO Gretta NATURE?i,G[>000CER OR INSURED 'S„'. .J...,.•._... st:+°=�.•'tu�.7.1?9w,.::4�'ti - .r__uY�'?^1r:.xr�. ..�'i�..^,t1�`tm+8; t;•j .- •. ro�frl' - • DATE(MMIDD/vV) 1 28 87 R DUCER PRODUCER PHONE(A/C.NO..EXT.) FOR COMP NY USE ONLY ll 5 846 4423 ] MICHAEL A. KELLY CO. ANY POLICY NUMBER Insurance Brokerage National Union Fire S993 19 93 P. 0. Box 26729, S.F., CA 94126 VNE Vi0U5EY (415) 788 1177 CV EFF.DATE(MM/DDIYY) POLICY EXP.DATE(MMIDD/YY) DATE(MMIDD/YY)&TIME OF LOSS . aE PORTED 7/1/85 7/1/86 2/15/86 AM VES Michael xeaty lnsurauc:G P. -x NO IE&ADDRESS INSURED'S RESIDENCE PHONE(A/C.NO.) INSURED'S BUSINESS PHONE(AIC.NO..EXT.) Cit of Orinda 14151254 3900 Y PERSON TO CONTACT WHERE TO CONTACT P.O. Box 937 Orinda, Calif. 94563 Tom Sinclair, City Manager WHEN CONTACT'S RESIDENCE PHONE(A/C.NO.) CONTACT'S BUSINESS PHONE(A/C.NO..EXT.) ATION OF ACCIDENT(INCLUDE CITY&STATE) AUTHORITY CONTACTED 8 LR Plaza, Urinda,CCalif. CRIPTION OF ACCIDENT(USE REVERSE SIDE.IF NECESSARY) Bursting of La Plaza Pipeline, causing property damage. • • 'ERAGE PART OR FORMS.(INSERT FORM NOS.&EDITION DATES) IL04U6 41611 L9153 L9193 L6111 26103 -IMITS PREMISESIOPERATIONS MED.PAY. PRODUCTSICOMPLETED CONTRACTUAL OTHER: DEDUCTIBLE OPERATIONS BI PD _CSL 11000 ,000 RELLA/EXCESS POLICY IN FORCE. UMBRELLA EXCESS CARRIER: LIMITS: • IMISES:INSURED IS OWNER TENANT OTHER TYPE OF PREMISES NER'S NAME&ADDRESS(IF NOT INSURED) OWNERS PHONE:(AIC.NO.,EXT.) DUCTS:INSURED IS MANUFACTURER VENDOR OTHER: TYPE OF PRODUCT JUFACTURER'S NAME&ADDRESS(IF NOT INSURED) MANUFACT.PHONE:(AIC,NO.,EXT.) ERE CAN PRODUCT BE SEEN? IER LIABILITY INCLUDING COMPLETED OPERATIONS(EXPLAIN): INE&ADDRESS(INJUREDIOWNER) PHONE AIC,NO..EXT.) _R.N Stefan and Mark Stefan & Lisa Stefan 8 La Plaza Orinda GE SEX OCCUPATION EMPLOYERS NAME&ADDRESS PHONE(AIC.NO..EXT.) CRIBE INJURY FATALITY WHERE TAKEN WHAT WAS INJURED DOING? Property Damage CRIBE PROPERTY(TYPE.MODEL,ETC.) ESTIMATE AMOUNT WHERE CAN PROPERTY BE SEEN? t WHEN?. $270.000. 1 />l H NAME&ADDRESS BUST ' PHONE(AIC,NO.,EXT.) RESIDENCE'PHONE(AIC,NO.) �I, ! rtes NARKSIj -_ c1buiplaint from claimant's attorney attache--d. letterTranaMittal from City1 to hed. REPORTED TO SIGNATURE DUCER OR INSURED �4Ored Gretta - y� ;!•y!kl+t _ _ ..,C.J.: .y'�TTs.bY U� � vwN-s. ..Y.i.•'t...ii5''b Ie 'a. _ CASE CREATION SHEET � '= -,21,5 Supervisor to Complete Case tvumbe ------, Key Case Number Authorization ❑ SC L"" BR ❑ REG ❑ HO ❑ Assigned To: r�� ❑ INCIDENT REPORT " Total Symbols Gross Reserves Ind_ Sc Med Exp SYMNAME MAJOR INDEMNITY MEDICAL EXPENSE RECOVERY FURY f DAMAGE CLASS RESERVE RESERVE RESERVE CODE i 51 2 v6MD if 2 3 5 y - Coverage: Policy #/Contract #: ' J L�3 (c1 '�1 Term: Limits: lid _ Deductible: b Endorsements: '' Cat. #: Mortgage/Loss Payee: Symbol: Nature of Business(Property Only);� Descrip. of A c.: -- --- - — ,a�W Chargeability: 0-Insured not at fault 1-Insured at Fault Age Sex S.S.No. WKlNIG CompIRT Mnt RT WC: OCCUPATION Suit: ❑ Yes ❑ No Plaintiff: Firm: Atty:, Symbol No. Defense: Firm: Atty: Del.Firm Tax ID Suit Date CT Level. " ' ``,"• ".city"",,,- : State Docket No. ;Report To:, .❑� CIB Pay Card: ❑ Open ❑ Request Police"Report �; - ❑ NATE ❑ •Close U`::Photo Copy ❑' PLRB ❑ :FormLetters Supervisors Signature: �` Date: INPUT DATA Date of Loss: Time ( O Desc Cooe �. Basic Proximate 7 -T Location of Loss�)r � CA� ��,/J AcC.�Sf,7 � iss Co / _� AS Co. r Custo r Insured:—(9/v,/ )�i r�G C Producer: DBA: D �rJ�i� G/ Address: C/. aL Address � �G r RISK ANALYSIS: Acct No. Div. Loc. Dept Sect Cov.Co umation VEHICLE: I Year Make Serial Number Driver Age Driver Name Und Div Purpo Spec.Acct,Instr. Mail Selector INDEX/ACK: Yes ❑ No� Prod z Ins. 3.anar CLMT. DATA: R� R t= SCR[a Adl SYM ADDRESS ANA JPERIL./ jNjjPR6P. 1 2 3 4 5 Coder. Date ) 37645 8/84 r, "�z . f =µ `' ::�luicet Initials Oate . :t:.:,. _ ... �.. . .. _-, �x -___ _.._ ...,w.3.rti�•r.'� - _. .n�vr�s�.r��a�:sG�`:�ss+�'"`k:-4-,1.r•ra�� k .+.a2�#.fYr-gym ..„�'`-� P 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 31 , 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 actio-tea �Sn your claim by the Board of Supervisors (Paragraph a ), given pursuant to Government Code Amount: $50, 000. 00 Sectio&JAJ� p6915.4. Please note all "Warnings". CLAIMANT. DONNA PARKER COUNTY COUNSEL a c/o Robert J. Beles , Esq. CALIF. ATTORNEY: 1401 Lakeside Drive, #700 Oakland, CA 94612 Date received ADDRESS: BY DELIVERY TO CLERK ON March 5 , 1987 BY MAIL POSTMARKED: March 4, 1987 Certified P 429 435 618 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gH DATED: March 9, 1987 gbILATCELOR, Clerk : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (il) 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: //L�C,fc_G1� /� / /� BY: '�c c_ /�1�-LL�'_oCst �epujty 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 31 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: APR 0 1 1987 BY: PHIL BATCHELOR byDe ut Clerk P y CC: County Counsel County Administrator CLAIM AGAINST: Contra Costa County CLAIMANT' S NAME: , Donna Parker CLAIMANT_ ' S ADDRESS: 2000 E. Laguna Circle Telephone 836-0100 Concord, California (Attorney) AMOUNT OF CLAIM $ 50, 000. 00 ADDRESS TO WHICH NOTICES ARE TO BE SENT : Robert J. Beles, Esq. 1401 Lakeside Drive Suite 700 DATE OF INCIDENT 12/24/86 Oakland, CA 94612 LOCATION OF INCIDENT: Kaiser Hospital parking structure at 1425 S. Main Street, Walnut Creek, California; Martinez Main Detention Facility, Martinez, California. HOW DID INCIDENT OCCUR: Claimant unlawfully detained, arrested, and imprisoned on alleged misd. section 243 (B) and 647 (F) charges by Walnut Creek Police Department Officers. DESCRIBED INJURY OR DAMAGE: Soft tissue injuries, cuts, and abrasions, emotional distress, loss of employment opportunity ; other injuries unknown at this time. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE, IF KNOWN: Names of Contra Costa County employees are presently unknown. ITEMIZATION OF CLAIM: General Damages $ unknown Special_ Damages $ unknown TOTAL $ 50, 000. 00 Signed by or on behalf of Claiman Dated : 3/3/87 o ert J. Beles RECEIVED Mik;k o-61�]w!7 R ♦ NEl L' .4 CLAIM Z17 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 31 , 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: $44. 78 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DOREEN BYRD County Counsel 2683 Simas Ave. ATTORNEY: Pinole, CA 94564 MAR•U 5 1987 Date received ADDRESS: BY DELIVERY TO CLERK ON March 2MahWh, CA 94553 BY MAIL POSTMARKED: February 26, 1987 I. FROM: Clerk of the Beard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: March 2 , 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: / C, � ��� //� / BYCounty 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 3 1 1987 PHIL BATCHELOR, Clerk, By l� ��� 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. APR 01 1987 Dated: BY: PHIL BATCHELOR by �W___Ueputy 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 ) Reser v ' g stamps RECEIVED ab e - r MA{� 0 21367 Against the COUNTY OF CONTRA COSTA) or DISTRICT) (Fill in name) ) •• ... ..t. ... .... The undersigned claimant hereby makes claim against thy Count of Contra Costa or the above-named District in the sum of $ 4LAI and in .support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) 17' l o -----------r------...----.�------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county)) r ------------------------------------------------------------------------ d 3. How did the amage or injury occur? (Give full details,, use extra sheets if requir d) "1Y1f, OGCUk/e�,G�t tA. P) iic� otr E r�`:i��!j? ` ```" it 1! )!�J ���,;¢ 70vooyuz':. �AiI vlrLuJ Citi �i� 8b��w LwJt'�5}(�LCTjUFJ �• J31L _• t L,*- i7`f�' c •1°�' , r ACLS S*I. ki i o� ��t�,�„ti�G Roads WC ANdd S licec� 'tlXe, CO,J-S' � U 0 ke � a� e, 00,E to r,.� 1-i P,-e- 7 ------------------------------------------------------------------------ 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, -servants==*br - employees' causing the damage or injury? ------ - - --=------------------------------------------------------- 6. Wh-at-damag-----e or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) , ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) f ———————————————————————————————————————————————————————————--------------- ----- ————————————— 8. Names and addresses of witnesses, doctors and hospitals. ----------------------------u-------------------------------------------- 9. es you made on account of this accident or injury: ITEM AMOUNT Y nl Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of Attorney nn)-z- - Onw, &OA-, Claimant' s Signa }ire o93 d �lri►�s A-UP. . rI © pS' s, a Telephone No. Telephone No. -7s-e- q10 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 1,1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Clam Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 31 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your r?otice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $120. 00 Section 913 and 915.4. Please note all "Warnin s" County 8ounsel CLAIMANT: DAVID RANDALL WEST Public Defenders Office MAR.0 5 1987 ATTORNEY: 610 Court Street Martinez, CA 94553 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON March 2 , 1987 BY MAIL POSTMARKED: February 27 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 2, 1987 PpHHIL ATCHELOR, 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: �Ci��9� / BY: CDeputy 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 3 1 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. APR 01 1987 Dated: BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator CLAIM I: BOARD .OF SUPERVISORS OF CONTRA CO§;.�Dr rRWyapplication to: Instructions to ClaimantC!erk of the Board F.O.Box 911 Martinez.Califomia 94553 Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented _:..not later than the 100th day after the accrual of the cause of action._ Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors = � at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. - - : . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the 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 ofthis form. RE: Claim by/ / )/� )Reserved ' tamps 00 u i" ptl IqRECEIVED . Against the COUNTY OF CONTRA COSTA) MAR U210 7 ) or DISTRICT) (Fill in name ) The undersigned claimant hereby makes claim against the County ofContra Costa or the above-named District in the sum of $ /�cJ , �» Or and in support of this claim represents as follows: �. ----------- ----------------------------the damage or injury occur? (Give .exact date and hour] �. eredid tie damage or injury occur?- (Include city andou cnty) --- - -j - Lel �.r�ti __ 3. How did the damage or injury occur Give- u3I Zetalls, use extra sheets if r /wired) to ------------- ------------------T--------- ------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injurX pr damage? P (ace ,, (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 6. What damage or 1n3uries do you claim sulted7 Ialve full extent of injuries .oi damages claimed. - Attach two estimates for auto damage) r �4 . �(; -- -- ---- ----------- - --- -- - ------ - 7. How was the amount claimed above computed? Include the ti 7. amount of any prospective injury or damage.) • B. Names and addresses of witnesses doctors and hos ltals. p _ __ Tst to s you fade on account)4;e of this accid t o iry; ITEM OUNT { t #RRR RtRRR�'RNrR��'R�RRRR RR#RRR#RRRRRRRR#RRR#R##RRRRlrRR##/RRRRRRRRRRR##R*#R R Govt. rode Sec. 910.2 provides: .."The claim signed by the claimant SEND NOTICES TO: (Attorney) or—by some person on his behalf. " pName and 'Address of Attorney . 1� G� inn s Sa. ur Address�/- i- Telephone No. Telephone No. I #RRRRRRR#R#RR#RRR#RR##RRRRR#RR#RR#R#RRRRR#RRRRRRRRRR#R##R#R##RR#*R���R#RR� I 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. " i • i APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT March 31, 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 9996NVd jINEZ c/o Melvin M. Belli, Sr. Esq. 8i Attorney: Law Offices of Melvin M. Belli, Sr. 722 Montgomery Street VAR,, 5 1987 Address: San Francisco, CA 94111 1 Martinez, CA 94553 Amount: Unspecified By delivery to Clerk on March 3, 1987 CC*., Date Received: March 3, 1987 By mail, postmarked on no envelODe I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application o Fi ` La a Claim. DATED: March 5. 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 Late Claim (Section 911.6). DATED:Z-�- �� �9?lJCTOR WESTMAN, County Counsel, By c `�c�.c c-��. pity III. BOARD ORDER By unanimous vote of Supervisors prese t (Check one only) ( ) This Application is granted (Section 911.6). This Application to File Late Claim is denied (Section 911.6). XI certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: MAR 31 1987 PHIL BATCHELOR, Clerk, By - 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 attorney, u should do so immediatel . IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: OR 4 1 1987 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM LJ Lx t R L ON-r het COSTA erC01iNN'­Y r: C� _ wwliii 1 LAW OFFICES OF MELVIN M. BELLI , SR. RECIIVED 2 MELVIN M. BELLI, SR. ESQ. 722 Montgomery Street 3 San Francisco, CA 94111 MAR3 191 (415) 981-1849 4 5 6 APPLICATION FOR LEAVE CLAIM OF ELIZABETH ANN MARTINEZ, 7 by and through her conservator TO PRESENT LATE CLAIM ESTHER MARTINEZ ON BEHALF OF CLAIMANT 8 v. [Government Code §911 .4] CONTRA COSTA COUNTY PROBATION 9 DEPARTMENT, 10 11 U. `A "" 12 ° '^za TO THE CONTRA COSTA COUNTY PROBATION DEPARTMENT: W y aal" 13 ,ate LLm�O L L O N ° °"" 14 3 •� W04 1. Application is hereby made, pursuant to Government Code J N �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 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. &Lzau 12 W = 25-1 3 . This application is being presented within a reasonable W V1>< 13 V co �i LLm20 U. time after the accrual of this cause of action. c Woa 14 ? «�a WHEREFORE, it is respectfully requested that this application �N 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: Februaryl --1987 18 LAW OFFICES OF MELVIN M. BELLI, SR. 19 20 21 LVIN M. BELLI SR. , Esq. 22 Attorneys for Claimant 23 24 25 26 Application for Late Claim - 1 6 3 2 F - p . 2 F151 ria i l` r r a1, QQNTn CO--',TA COUN1"Y. CLAIM AGAINST COUNTY OF CONTRA COSTA PROBATION,pD.Rftk- 41f i +I - CLAIMANT' S NAME: ELIZABETH ANN MARTINEZ by and through her conservator, ESTHER MARTINEZ CLAIMANT' S ADDRESS: c/o LAW OFFICES OF MELVIN M. BELLI 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. t 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 , SR. Dated: February 26, 1987 C i a i m A g a i n s t C t y 0 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 19 F-p g . 2 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT March 31 , 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 NARNING" below. Claimant: WILLIAM TATUM RECEIVED c/o Ronald 1l. Schwartz MAR 10 1981 Attorney: Attorney at Law 140 .I7ayhew Way, #100B COUNT' COUNSEL Address: Pleasant Hill , CA 94523 MARTINEZ. CALIF. Amount: $250, 000. 00 By delivery to Clerk on March 4, 1987 Date Received: By mail, postmarkedcFebruary 2737 Certified 593 973 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application t Fi Late Claim. DATED: march 9 , 19�87 _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 Late Claim (Section 911.6). DATED: MCTOR WESTMAN, County Counsel, B III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) This Application is granted (Section 911.6). ( J� 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 31 1987 PHIL BATCHELOR, Clerk, By OYt 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 attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. APR 01 1987 DATED: APR BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, .By APPLICATION TO FILE LATE CLAIM 4�44) a In the Matter of the APPLICATION FOR LEAVE Claim of William Tatum TO PRESENT LATE CLAIM [Gov C Section 911 . 4 ] against Contra Costa County TO County of Contra Costa : 1 . Claimant William Tatum hereby applies to the governing body of the County of Contra Costa for leave to present a claim against said County pursuant to Section 911 . 4 of the California Government Code . 2 . The cause of action of William Tatum, as set forth in his proposed claim attached hereto, accrued on June 16, 1986 , a period within one year from the filing of this application. 3 . William Tatum "s reason for the delay in presenting his claim against the County of Contra Costa is as follows : a. At the time that the cause of action accrued and until very recently Claimant and his attorney were unaware of the allegation by the driver of the automobile which caused the collision that her vision was obstructed at the time of the collision. Claimant 's attorney was first made aware of this allegation on January 27 , 1987 and thereafter made this application to file late claim as soon as was practicable upon learning of this allegation. Claimants attorney was so informed on January 27, 1987 when he received a telephone call from attorney Thomas Pfalzer of the McNamara law firm that they would be asserting a claim against the county for a dangerous condition which allegedly obscured Laura Meiser "s view at the subject intersection. b. Claimant 's attorney is informed and believes , based on information relayed to him through attorney Thomas Pfalzer, that the county became aware of the obstruction of vision a day or two after the subject accident, and took steps to inspect the subject intersection and trim the bushes and/or otherwise reduce the obstruction at the subject intersection. The county therefore has not been prejudiced in any way by claimant 's failure to present a claim against the county previously since the county has had ample opportunity to investigate and prepare its defense based on its actual notice of the circumstances giving rise to this claim. C. Any failure to present the claim was through mistake, inadvertence, surprise or excusable neglect. Nor was the County prejudiced by the failure to present the claim within the time specified in Government Code Section 911 . 2 . 4 . This application is presented within a reasonable time after the accrual of the cause of action and within a reasonable time after claimant learned of the possibility of a claim against the county. WHEREFORE, it is respectfully requested that this application be granted and that the attached claim be received and acted upon in accordance with the appropriate sections of the California Government Code . DATED: iZONALD M. SCHWARTZ On Behalf of Claimant William Tatum !J� Claim Against Public Entity TO County of Contra Costa: William Tatum hereby makes claim against the County of Contra Costa for the sum of $250 , 000 . 00 and makes the following . statement in support of the claim: 1 . Claimant 's post office address is 42 Vivian Drive, Pleasant Hill , California 94523 . 2 . Notices concerning the claim should be sent to Ronald M. Schwartz , Attorney at Law, 140 Mayhew Way, Suite 100B, Pleasant Hill , California 94523 . 3 . The date and place of the accident giving rise to this claim are June 16, 1986 at Reliez Valley Road at or near its intersection with Alhambra Valley Road in an unincorporated area of Contra Costa County. 4 . The circumstances giving rise to this claim are as follows : At the above time and place claimant was a passenger on a motorcycle and was struck by a vehicle driven by Laura Lee Meiser, 515 Eagle Nest Drive, Martinez , California 94553 . One of the allegedly contributing factors to the occurrence of the collision was a dangerous condition at the intersection of Reliez Valley Road and Alhambra Valley Road, said dangerous condition being the existence of bushes which Laura Lee Meiser, through her attorney, now claims obstructed her view immediately prior to the collision. In addition, this intersection was a dangerous condition because of a failure to have a stop sign or traffic signal at the subject intersection. 5 . Claimant 's injuries include broken bones in foot, severe fracture of ankle, bruises and contusions , and other personal injuries . 6 . The names of the public employees causing the claimant 's injuries are unknown. 7 . The claim as of the date of this claim is for $250, 000. 00. 4 ` t 1 T 8 . The basis of computation of the above amou-nt.. ,is as follows: • r Medical expenses Unknown at this time General damages $250, 000 . 00 DATED: ONALD M. 8CIfWART On Behalf of Cla -ant William Tatum