HomeMy WebLinkAboutMINUTES - 03031987 - 1.1 (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 3 , 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: MILDRED REYNOLDS County Counsel
c/o John C. Willbrand, Esq . FEB 12 1987
Attorney: 2280 Diamond Blvd. , #440
Address: Con-cord, CA 94520 Martinez, CA 94553
Amount: $200, 000 . 00
By delivery to Clerk on February 3 , 1987 hand del .
Date Received: February 3 , 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 to File//Late Claim.
DATED: 2-09-87 PHIL BATCHELOR, Clerk, By �C/��� Deputy
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 11.6).
DATED .e -�`�, os'-gICTOR WFSTMAN, County Counsel, B y
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
(�) This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: MAR 0 3 1987 PHIL BATCHELOR, Clerk, By �� Deputy
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 Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this'-Claim in accordance with Section
29703.
DATED: MAR 0 4 i 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
r a
1 JOHN C. WILLBRAND
Attorney at Law P�,
2 2280 Diamond Blvd. , Site 440
Concord CA 94520
3 415/676'8800 FEB`-3 1987
4 Attorney for Claimant o e
5
6
7
8 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY
9
10
11 MILDRED REYNOLDS,
12 Claimant , APPLICATION FOR LEAVE
13TO PRESENT CLAIM
vs.
14 COUNTY OF CONTRA COSTA, CONTRA
15 COSTA COUNTY HOSPITAL, HARRIET
TAYLOR, JAN MADDOX, WEBB BEADLE,
16 Respondents.
17 /
18 Claimant hereby applies to the Board of Supervisors of
19 Contra Costa County for leave to present a Claim against said
20 COUNTY, CONTRA COSTA COUNTY HOSPITAL, HARRIET TAYLOR, JAN MADDOX
21 and WEBB BEADLE , pursuant to Section 911.4 of the California
22 Government Code .
23 The cause of action of claimant as set forth in the proposed
24 Claim attached hereto as Exhibit "A" and incorporated herein by
25 reference , began on July 9 , 1986, .and the conduct contributing
26 thereto and the effects thereof continue; the end date of accrual
27 of the cause of action is within one ( 1 ) year of the filing of
28 1
1 this Application. Claimant contends that because. her cause of
2 action accrued over time, her Claim should have been allowed as
3 timely filed at the time of its initial filing. :
4 However, claimant's reason for the delay in presenting her
5 Claim against the COUNTY OF CONTRA COSTA is. .as follows :
6 Claimant's failure to present her Claim was due to mistake ,
7 inadvertence, surprise or excusable neglect in that claimant was
8 unaware of the requirement that the Claim be filed within one
9 hundred ( 100) days of the accrual of her cause of action and she
10 was also unable to schedule an appointment with her attorney
11 until after the one hundred ( 100) day period had purportedly
12 expired. The COUNTY OF CONTRA COSTA was not prejudiced by the
13 failure to present the Claim within one hundred (100) days as the
14 hospital staff was fully aware of its conduct with respect to the
15 claimant, and the Claim was filed on the one hundred eighteenth
16 (118th) day, an insufficient delay for any real prejudice to have
17 �
affected the COUNTY.
18 DATED: February 2 , 1987
19
20 JOHN C. WILLBRAND, Attorney
for Claimant
21
22
23
24
25
26
27
28 2
JOHN C. WILLBRAND
ATTORNEY AT LAW
COMMERCE CENTER
2280 DIAMOND BLVD.. SUITE 440 TELEPHONE: 676.8800
CONCORD. CALIFORNIA 94520 AR A COD,fE� d1
CLAIM FOR DAMAGES RECEIVED
To : County of Contra Costa rV 1E6
Contra Costa County Hospital 6 1Lo(�"
qkoas
Harriet Taylor , Jan Maddox and Web Beadle pK ora O�TpC(0
BY . . . ..�. ... .. �.,o.ol,y
Claimant , MILDRED REYNOLDS , whose address is c/o John C.
Willbrand , 2280 Diamond Blvd. , Suite 440 , Concord , CA 94520 ,
hereby makes claim against the County of Contra Costa , Contra
Costa County Hospital , Harriet Taylor , Jan Maddox, and Web Beadle
for the sum of $200 , 000.00 and make the following statements in
support of the claim :
1. . Al notices concern i. ng this claim shall be directed to
the following :
John C . Willbrand , Esq .
2280 Diamond Blvd . , Suite 440
Concord , CA 94520
2. The conduct giving rise to the claim began July 9, 1986,
and continues.
3. The circumstances giving rise to the claim are as
follows :
Contra Costa County and Contra Costa County Hospital and
their agents and employees, including Harriet Taylor, Jan Maddox,
and Web Beadle , intentionally inflicted emotional distress on
claimant ; slandered and libeled her name and reputation ; and
unfairly and illegally harrassed claimant , causing claimant to
sustain physical and emotional injury , distress , anxiety ,
suffering , humiliation , embarrassment and financial injury .
4 . Claimant seeks TWO HUNDRED THOUSAND DOLLARS
($200,000.00) in general and special damages.
DATED: November 3 , 1986
JOHN C. WILLBRAND, Attorney
or Claimant MILDRED REYNOLDS
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 3 , 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 Govern® Gift C O U n Sel
Amount: $25 , 000. 00 Section 913 and 915.4. Please note all "Warnings". .
F 12 1987
CLAIMANT: JAMES AND SUE CHAHBERS
c/o Marilyn Mac Rae Martinez, CA 9453
ATTORNEY: 360 17th St. #212
Oakland, CA 94612 Date received
ADDRESS: BY DELIVERY TO CLERK ON February 3, 1987 hand del .
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim,
. ppHHIL DeTuiELOR, Clerk
DATED: February 9 , 1987 ' Gam`(I '✓/�/-C/�/�J
y
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors 7
(x ) T iclaip comTIAP lies sub antialit�h1 Sectio 9d0 ani 910.2. JS:te�ell, d�-!)
( ) (
is claim FAILS id comply/suubstant4ally th Sfecc�nss�910 and 91020nd we are so notifying �,_"_ILA
claimant. The Board cannot act for 15 days (Section 910.8).
dlaim
[3/Lj�e�CN� Cs?-C'_L LLhis timely fSled/t The Cle should ret n claim on.ground that it was file late and sendL
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
i
Dated: !�( _vv, /ioy�z BY�"J c C C- � - �eputy County Counsel
111. 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.
( )0 Other:_ portion of original claim not previously 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 0 3 1981 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 0 4 1987 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
`'�^ -[�� hi �`. ✓v�LW rr• rrv�r. .-vv��. v� --"L". J1rT`OIrW"Brappucauwl Lv.
' ;.}til j/�,�{ Inatruc ziona to`ClaimantC!erk of the Board
Mrtinez.California 94553
A. Claims relating to causes of action for death or IN injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , California 94553.
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
o this form.
RE: Claim by )Res i;;kl ' f,13,ing stamps
J)V4ES and SUE CHAMBERS ) `=
RECEIVED
Against the COUNTY OF CONTRA COSTA) 0/4 1987
or DISTRICT) B T .'a
(FillIn name ) c °A C T
IS
B .. .�... ...... . : . ....
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ in excess of $25, 000 . 00
and in support of this claim represents as follows:
-T--------------------- ---
l. When did the damage or in .ury occur? (Give exact date and hour]
The injury, i.e. , flooding of claimants ' property, is an ongoing in ury which
occurs each time there is an above-normal or excessive amount of rainfall. The first flooding
occurred on 2-3-86. A second flooding occurred on or about 2-18-86, and a third flooding
occurred on or about 3-9-86. In addition to these specific dates, periodic flooding has
wfiere did tfie damage or injury occur? (Include city and county]
5019 Alhambra Valley Road, Martinez,. Calif. continued to occur throughout
the winter of 1986-1987.
-T-------1------------------------------------------------ --T --------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required) Flood waters and rainwaters overflowed ditches, gutters and
culverts along Alhambra Valley Road, causing water, mud and debris to flood claimants' home,
garage, patio and real property on repeated occasions.
4. What particular act Or omission on the part of county or district
officers , servants or employees caused the injury or damage? Negligent
construction and/or maintenance of drainage culverts and facilities along Alhambra Valley Road
adjacent to claimants' home and real property. Negligence incudes, but is not limited to,
failure to construct adequate drainage culverts, gutters or other facilities to handle the
capacity of water during abnormal rainfall; failure to enlarge drainage facilities when it
became known that storm drainage improvements were inadequate to handle excessiver infa�l;
and failure to abate known continuing nuisance. Claimants are informed and belieJove r
that the County is responsible for construction of said facilities and the Flood Control
District is responsible for maintenance of same.
5. What are the names of county or district officers, servants or-.
employee`s causing the damage or injury? Plaintiff does not know at this time
which sp&iYi&emp1•oyees.of the County or the County Flood Control District were responsible
for construction and/or maintenance of County improvements and/or flood control facilities.
However se�dd ppnn i��fforma ion be1i Cla. nts be
lie
ve Warry Porter may have sane
res�41~tI'_�4 S���cT_�}411 _ v�un erica egorr�� -- _ -
6. What damage or injuries do you claim resulted? ZGive dull-extent
of injuries or damage¢ claimed. Attach two estijnates for uto loss of
damage) Stigma loss or diminution in value of Claimants ane realproperty,
use and enjoyment, loss of feasibility of putting in pool and other improvements planned at time
of purchase, flood and damage to driveway, garage, hone and patio, possible settlement damage;
lost_ s_:a�Jame.�Chambersmirinq..c1ea1'L-17� i3 ],�� .4#�? g ?ral damages not et_
7. .Iiow was the amount claimed above computed? (Include the estimate
amount of ' any prospective injury or damage. ) ascertained at this time.
Claimants estimate that their damages are in excess
of $25,000 but have not yet retained experts to
evaluate said damages.
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
James Chambers, Betsy Chambers, Sue Chambers, 5019 Alhambra Valley Road, Martinez, Calif. ;
Following neighbors: Barry Porter, 100 Jose Lane; Martinez, Calif.; '
Mr. and Mrs. Jose Figuiredo, '115 Jose Lane, Martinez, Calif.
S. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Not yet ascertained
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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
I7ARILYN MAC RAE Claim nt s Signature
Attorney at Law on behalf of James & Sue Chambers
360 - 17th St. , Suite 212 Address
Oakland, Calif. 94612 5019 Alhambra Valley Road, Martinez, Ca.
Telephone No. (415) 465-1732 Telephone No. (415) 372-3217
kkk#kk#k!#tkk##k# t###k##kkkkk##kk#####kk##kk#k#kkkk*#k#kk#kkkkkk#k##k#k###
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 as Governing Board
of the Contra Costa County riood Gontroiana Water uonserviation District
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 3, 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: $25, 000. 00 Section 913 and 915.4. Please note all "WarlQ� . Counsel
CLAIMANT: JA4ES AND SUE CHAMBERS FEB 121987
c/o :Marilyn Mac Rae
ATTORNEY: Attorney At Law Martinez, CA 9453
360 17th St . , Ste. 212 Date received
ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON February 3 . 1987 hand del .
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
�dIL gATCHELOR, Clerk t /
DATED: February 3 , 1987 : Deputy xJCL
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
�() ;h�s
s claim complies substantially with Sectio s 910 and 910_2. C?G
lL61 1 y �II-FG claim FAILS o co ly subs ntiall`� with ec ions 910 an 10.2, and we are so tifyingrJ
claimant. The Board cannot act for 15 days (Section 910.8).
(� &�L �� ����'-^ i 'mac�c,�e. C( lQ�-
,Claim is n�I timely filed. The Irk should ret�►Jh claim on ground that it was i ed late and seAd
warning of claimant's right to apply for leave to present a late claim (Section 1.3).
( ) Other: 9�
Dated: `S.E ole / (�? BY: % Ulf-4C--6,,0__�A_4Wuty County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
(x) 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: Portion of original claim not previously 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 0 3 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
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 d No /eto Claimant, addressed to
the claimant as shown above.
Dated: MAR 0 4 1987
BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
•: BOARD OF SUPERVISORS OF CONTRA CO� �pplicationto:
AL Instructions to ClaimantVerk of the Board
M rt!nez,Cal ifomla94553
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. 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
his form.
RE: Claim by )Reser v r tamps
JA14ES and SUE CHA.4BERS )
RECEIVED
)
Against the COUNTY OF CONTRA COSTA) � �' P,,3 )987
CONTRA COSTA COUNTY
or FLOOD CONTROL DISTRICT) fop` cF` UP
(Fillin name ) o
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ in excess of $25, 000 . 00
and in support of this claim represents as follows:
When did the damage or �n]ury occur? (Give exact date an dour)
The injury, i.e. , flooding of claimants ' property, is an ongoing in)ury which
occurs each time there is an above-normal or excessive amount of rainfall. The first flooding
occurred on 2-3-86. A second flooding occurred on or about 2-18-86, and a third flooding
occurred on or about 3-9-86. In addition to these s,pecific dates, periodic flooding has
.--- ---- T--- -----. ------ - ------------------ ---
Where did !fie damage or injury occur? (Inciude city and county)
5019 Alhambra Valley Road, Martinez,. Calif. continued to occur throughout
the winter of 1986-1987.
3. How did the damage or injury occur? (Give �uiS detaiis, use extra
sheets if required) Flood waters and rainwaters overflowed ditches, gutters and
culverts along Alhambra Valley Read, causing water, mud and debris to flood claimants' home,
garage, patio and real property.on repeated occasions.
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage? Negligent
construction and/or maintenance of drainage culverts and facilities along Alhambra Valley Road
adjacent to claimants' home and real property. Negligence incudes, but is not limited to,
failure to construct adequate drainage culverts, gutters or other facilities to handle the
capacity of water during abnormal rainfall; failure to enlarge drainage facilities when it
became known that storm drainage improvements were inadequate to handle excessive r infa1l;
and failure to abate known continuing nuisance. Claimants are informed and believ over
that the County is responsible for construction of said facilities and the Flood Control
District is responsible for maintenance of same.
5. What �se the names- of county or district officers, servants .or-:
:ep owes causing the damage or injury? Plaintiff does not know at this time
which specific employees of the County or the County Flood Control District were responsible
for construction and/or maintenance of County improvements and/or flood control facilities.
However s pn i orma ion d�be i%6 Clamants believe tarry Porter may have some
res uq J.� �Q e aS1sr vg un er care
_.
g� - -- - - ----------
6. What damage or injuries do you claim resulted Give full extent
of injuries or damage¢ claime(J. Attach two esti ates for futo
damage) Stigma loss or diminution in value of Claimants ncet�e rea property, loss of
use and enjoyment, loss of feasibility of putting in pool and other improvements planned at time
of purchase, flood and damage to driveway, garage, home and patio, possible settlement damage;
loses _ JaMes_Charbera a=innot et_
7. How was the amount claimed above computed? (Include the estimate
amount of -any prospective injury or damage. ) ascertained at this time.
Claimants estimate that their damages are in excess
of $25,000 but have not yet retained experts to
evaluate said damages.
8. Names and addresses of witnesses, doctors and hospitals.
James Chambers, Betsy Chambers, Sue Chambers, 5019 Alhambra Valley Road, Martinez, Calif. ;
Following neighbors: Barry Porter, 100 Jose Lane, Martinez, Calif. ;
Mr. and Mrs. Jose Figuiredo, 115 Jose Lane, Martinez, Calif.
�S. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Not yet ascertained
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 Vii( T� —/�c.
RAC AC RAE Claimant s Signature
Attorney at Law on behalf of James & Sue Chambers
360 - 17th St., Suite 212 Address
Oakland, Calif. 94612 5019 Alhambra Valley Road, Martinez, Ca.
Telephone No. (415) 465-1732 Telephone No. (415) 372-3217
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. "
ox
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY; CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
th,* Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 3 , 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: $1, 000 , 000 . 00 Section 913 and 915.4. Please note all •Warnin6;ounty Counsel
CLAIMANT: SA1,1UEL YOSHIOKA r 3 12 1987
P. O. Box 2171
ATTORNEY: Martinez , CA 94553 J'Unez, CA 94553
Date received
ADDRESS: BY DELIVERY TO CLERK ON February 6 , 1987 CC
BY MAIL POSTMARKED: February 4, 1987
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. ppHH gg
DATED: February 9 , 1987 BY�L DeputyLOR, Clerk
L. Hall
11. 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:� L76 BY: Zr� 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
(�( ) This Claim is rejected in full.
Other:
1 certify that this is a true and correct copy of the Boar 's Order entered in its minutes for
this date.
MAR 0 31987
Dated: PHIL BATCHELOR, Clerk, By �CJ 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 wail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this 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 0 4 1987 BY: PHIL BATCHELOR by X�&Deputy Clerk
CC: County Counsel County Administrator
CL. Ftt. - 2-75
' CLAIM AND. 'AMENDED -CLAIM-:AGAINST THE
COUNTY OF CONTRA COSTA CcUn1y C
Government Code Sections 910 to 911. 2 require FFA OUnsb/
that all claims must be presented t the /Z.J 0
Controller within 100 days from dat aril 2 �19�]
C •�I
�q
CLAIMANT' S ,N'AkLE: SAMUEL YOSHIOKA
FEB 1987
AMOUNT OF CLAIM: $ 1 ,000,000.00 ' �
►� o
CLAIMANT' S ADDRESS: P.O. Box 2171 c C11 Ismm
Martinez , CA 94553 phone
ADDRESS TO WHICH NOTICES ARE TO. BE SENT: DALE MINAMI , ESQ.
MINAMI & LEW, 300 Montgomery St. , Suite 1000, San Francisco, CA 94104
(415) 788-9000.
DATE OF ACCIDENT: Continuing, last ac.t on -January 27 , 1987
LOCATION OF ACCIDENT: Health Services Dept . , Marinez , CA
HOW DID ACCIDENT OCCUR: Messrs. Mark Finnuacane, Paul Ingels , and Pat
Godley have continued a pattern and practice of intentional infliction
Of emotional distress at least over this past year. (See Attachment A
for further specifics)
DESCRIBE INJURY OR DAMAGE: Deteriorating health, mental and emotional
distress , interference with enjoyment of life.
NAME OF PUBLIC EMPLOYEE OR EMPLOYEES CAUSING INJURY OR DAMAGE, IF KNOWN:
Mark Finnuacane, Paul Ingels , and Pat Godley
ITEMIZATION OF CLAIM: (List. items totaling amount 'set forth above. )
Medical/Counseling Expenses $ Unknown
Future Loss of Income Capacity $ Unknown
General Damages $ 500,000.00
Punitive Damages $ 500,000.00
$
TOTAL $ 1 ,000,000.00
Signed by or on behalf of claimant: '
NOTE: CLAIM FORM MUST BE FILED IN DUPLICATE.
BOTH COPIES MUST BE SIGNED.
ATTACHMENT A
On December 24 , 1986 claimant was given a performance
evaluation which was biased, inaccurate and unfair by Mr. Paul
Ingels. Claimant was als.o deliberately kept after work on .
Christmas Eve by Mr. Ingels to discuss the evaluation when it was
not necessary to discuss it at that time. Such acts constitute
an intentional infliction of emotional distress , harrassment and
intimidation. In addition, Mr. Ingles with the knowledge and
approval of Mark Finnucane and Pat Godley, managing officials of
the Health Services Department, committed the following acts of
intentional infliction of emotional distress:
November 17 , 1986 - claimant ' s request for a scheduled
medical appointment was "approved, pending production of all
laser tape reports. " . Such condition for a medical appointment
is not required of other employees was done for the purpose of
intentionally inflicting emotional distress.
November 25, 1986 - claimant was given a "Revised Report
Goals" which unfairly included additional responsibilities for
which the claimant does not have any control over. Respondents
were aware of this impossible situation and established such
responsibilities in order to further cause emotional distress .
December, 1986 - Claimant was harrassed by phone calls at
the rate of almost one every half hour for tasks unrelated to the
priorities at hand by Paul Ingels. The frequency of the calls
indicate that they were not for a legitimate business purpose but
for purposes of infliction of emotioal distress.
January 12 , 1987 - As of this date, Messrs. Finnucane,
Godley, and Ingels have refused to discuss health problems,
failed to process my grievances properly filed under County
Policy and Procedures, failed to provide assistance to claimant
and continue to require performance of duties which are a danger
to claimant ' s health and well-being despite doctors letters and
. recommendations, and failed to consider claimant for promotions.
These last examples of infliction of emotional distress are
continuing in nature and continue to the present day. Respon-
dents have knowledge that claimant is vulnerable and susceptible
and have continuing health problems caused by unfair work demands
made by respondents. These individuals (Messrs. Finnucane,
Ingels , and Godley occupy positions superior to claimant and have
abused their positions in causing injuries to him. Each have
knowledge of claimant' s health and eyesight problems.
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
I am employed in the county of San Francisco, State of
California. I am over the age of 18 and not a party to the
within action; my business address is: 300 Montgomery Street ,
Suite 1000 , 'San Francisco, CA 94104-1987.
On February 4 , 1987 I served the foregoing document
described as Claim and Amended Claim Against the County of
Contra Costa
on interested parties in this
action by placing a true copy thereof enclosed in a sealed
envelope addressed as follows:
County Cousel
County of Contra Costa
651 Pine
Martinez, CA 94553
Mr. Mark Finnucane
Mr. Paul Ingels
Mr. Pat Godley
Contra Costa County
Health Services Department
20 Allen Street
Martinez , CA 94553
[ X ] (BY MAIL) I caused such envelope with postage thereon
fully prepaid to be placed in the United States mail at San
Francisco, Califoria.'
Executed on February 4, 1987 , at San Francisco,
California.
I ] (BY PERSONAL SERVICE) I caused such envelope to be
delivered by hand to the offices of the addressee.
Executed on at San Francisco,
California.
[ X ] (State) I declare under penalty of perjury under the laws
of the State of California that the above is true and correct.
[ ) (Federal ) I declare that I am employed in the office of a
member of the bar of this court at whose direction the service
was made.
Ja mi
4.
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 3 , 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: $144. 57 Section 913 and 915.4. Please note all "Warr%fihty Counsel
CLAIMANT: MARGARET JESSEPH 12 1987
225 Lake Drive
ATTORNEY: Kensington, CA 94708 Martinez, CA 94553
Date received
ADDRESS: BY DELIVERY TO CLERK ON February 4, 1987
BY MAIL POSTMARKED: February 3 , 1987
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. 4 `
BY:
JpyH1L BATCHELOR, Clerk X�
DATED: February 9, 1987 Deputy /
L.Hall
11. 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: — k- I �', n,/7 c� /roL Z- Z—GL A t--beputy 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
(x) This Claim is rejected in full.
/( �) Other:
I certify that this is a true and correct copy of the Board' Order entered in its minutes for
this date.
MAR 0 3 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 0 4 1987 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
225 Lake Drive
KannirZton, Ca. 94708
lebruary 3, 1597
Ms. Judith 0. Fowall . Chairman
eoerd of Directors
.tater Teackars Vmtiri7e t lysts-:-,
7 .0. low 15275-C
Acramarto, Te . 9519 C
Dr. Achard bovatte, 5unarintendant
R'Wurf Unified School District FEB
1100 wissall �11987
QcWnl, Ca. 91ClE 9 ro,
P
RS
77�i a 1-i ...........
Cerr tra WO niv"ty ca . zrvisorz�.
151 Firs A . loom 1A.
Vartinn POR'.
1 retired in June 1595 frcm the Rchmond Unified School
District. I A! nob raceW5 my final retirement allowhnee frorg
A" : until Tecanbir 15, 1556. 1 Y. undarupid 7106.68 oer month
for those 19 nantO rezuitinj in a retroRctivo pn=unt A ANNIE
Ars notifial ma thav would not pRv interest because the
Way s cauzed by a failure of the County sear ': of education to
reaOrt 1971-04 salary figures and boanusa thn NA made a" urro- in
raportinZ t' •t I 7as —orkinK unlor n it if, raduce;' -.-Orkloal
proCrn7.
, Gegnrdl sw of -hura Ve Quit r, N; 411C had tKe uum of ry
moneyl and the interist it was eurnirg. I feel they wart narlimk
in nu;nsuing the correction5 yroTptly.
I nm requesting onyment A this time iron theresponsible
nartibs na"al nbove for int rest of 1144.57. This is womputal at
Ir" of 2176.6F for P mcnths. This demand is mad; preliminary
to tu,kWX ti e nPtre,-r to :rnall Clair,-.s ''ourL.
Sincarnly vours,
I a r g:�yrvaOn!s 3 p h
At 500S-5170
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 3 , 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: $5, 000. 00 Section 913 and 915.4. Please note all •WarlGAWflty COUnsel
CLAIMANT: PACIFIC BELL SECURITY CLAIM N0. 5B747-007 FEB 12 1987
1155 Market Street , ; 300
ATTORNEY: San Francisco, CA 94103-1566 Martinez, CA 94553
Date received
ADDRESS: BY DELIVERY TO CLERK ON February 2 , 1987
BY MAIL POSTMARKED: January 30, 1987
Certified 69231
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
�bIL gATCHELOR, Clerk
DATED: February9 . 1987 : Deputy
L. Hall
11. 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 910.6).
( ) 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: U- C t- f.7 /2i2- BY: ��t. �(:� � t C C �'�c-�C-Q�eputy 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' Order entered in its minutes for
this date.
Dated PAR3 198 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.
MAR 0 4 1987
Dated: BY: PHIL BATCHELOR byZZ4Z_L_Deputy Clerk
CC: County Counsel County Administrator
Security s, s ,.:-0. PACIFIC BELL,.
A Pacific Telesis Company
.r
January 29 , 1987
Case No . : 5B747-007
County of Contra Costa
Clerk of the Board of Supervisors
651 Pine
Martinez, CA 94553
Gentlemen:
We are sending you the attached claim notice pursuant
to Section 910 of the Government Code.
Very truly yours,
M. R. GYLOCK
AREA CLAIMS MANAGER
Attachments
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
Pacific Bell presents a claim for damages against the County
of Contra Costa as provided in Government Code Section 900
et . seq.
Claimant ' s Address :
Pacific Bell Security R, � yjS)•rT
1155 Market Street, Suite 300 1 y l,'+D
San Francisco, CA 94103-1566 FEB 1987
Date of Occurrence:
e oa
On or about January 5 , 1987 `T a'
.Location:
Appian Way, 118 feet south of Argyle Road, E1 Sobrante
Circumstances Causing Claim:
Bay Cities Excavation, working on road widening
project, damaged the top and wall of a manhole.
Description and Itemization of Damage:
Manhole wall and top.
Estimated Amount of Claim: $5,000.00
*(NOTE: This is an estimated amount . Final actual cost
billing will be presented when all charges are determined . )
Pacific Bell Claim Number :
5B747-007
Date of Claim: January 29, 1987
M. R. GYLOCK
AREA CLAIMS MANAGER
,,
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
Pacific Bell presents a claim for damages against the County
of Contra Costa as provided in Government Code Section 900
et . seq.
Claimant ' s Address :
Pacific Bell Security
1155 Market Street, Suite 300
San Francisco, CA 94103-1566
Date of Occurrence:
On or about January 5, 1987
Location:
Appian Way, 118 feet south of Argyle Road, El Sobrante
Circumstances Causing Claim:
Bay Cities Excavation, working on road widening
project, damaged the top and wall of a manhole.
Description and Itemization of Damage:
Manhole wall and top.
Estimated Amount of Claim: $5,000. 00
*(NOTE: This is an estimated amount. Final actual cost
billing will be presented when all charges are determined. )
Pacific Bell Claim Number :
5B747-007
Date of Claim: January 29, 1987
M. R. GYLOCK
AREA CLAIMS MANAGER