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HomeMy WebLinkAboutMINUTES - 04101987 - 1.9 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT March 10, 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. Cour.i'.• l✓v..r .c i Claimant: EMERSON JONES 913 24th Street F t 6 12 198.7 Attorney: Richmond, CA 94804 17, Address: {"amino', CA 0455v Amount: $2, 500, 000. 00 By delivery to Clerk on February 9, 1987 Date Received: February 9 , 1987 By mail, postmarked on February 6 , 1987 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: 2-9-87 PHIL BATCHELOR, Clerk, By l 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 Clain (Section 911.6). DATID:\.Z+ /'� VICTOR WESTMAN, County Counsel, B 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 10 1987 PHIL BATCHELOR, Clerk, By G��C-- Deputy WARNING (Gov. Code $911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED; MAR 111987 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 February 5, 1987 7 .Co �`QArFloe Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 I have exhausted all of my abilities to present this claim form by its due date. I originally sent this claim at the end of November 1986. I called the Clerk of the Board on December 22 to see if the claim had been received. At that time I was told that it had been received. I asked the employee if she would please send me a copy of the claim form showing the date it had been received. I waited but received no notice or verification from the Clerk of the Board. On Friday, January 2, I called again, at which time I was told that my claim form had not been received. During the conversation I learned that whoever gave me the claim form with the P.O. Box 911 on it was uninformed as to the fact that the form showed the wrong address to which to send it and that the form had probably been lost in the mail. As this was Friday, January 2, I explained the urgency of my claim since the one hundredth day would be over during the weekend (Sunday, January 4, 1987). When I learned the office closed at 5:00, I explained that I could not get to Martinez before 5:00 to resubmit the claim. (I do not have acar and public transportation would have gotten me there after 5:00.) I was advised to come in on Monday, January 5, 1987 (the 101st day) to resubmit the claim form, which I did at 8:20 a.m. Due to these circumstances, I request leave to present a late claim. Sincerely, Emerson Jones 913-24th Street Richmond, CA 94804 Enclosures CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COP* rR9WX8pp11cation to: • "Instructions to ClaimantC'erk of the Board Arlo 6 M rtinez.California 94553 A. Claims relating to causes of action for death or or injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the -cause of action. (Sec. 911.2, Govt. Code) S. 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 ofthis form. RE: Claim by )Reserved for Clerk's filing stamps Against the COUNTY OF CONTRA COSTA) ) or DISTRICT) _77= in name ) The' undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or in3ury occur? ,(Give exact date ani hour] '�:--w.tiere-�i�-tie damage or injury occur? �Inc�ude city and county 3. How did the damage or injury occur? (Give �uii-�etai�s, use extra . sheets if required) 4. What particular act or omission on the :part of county or distxict officers, servants or employees caused the injury or damage? a (over) 5. What are the names of county or district officers, servants or' employees causing the damage or injury? 6. What damage or injuries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. � ----:-------------z-------------------------------:--------------------- . List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 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 72 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. " !!M M4oAMo► The Board of Supervisors Contra •° ° GcvtY n Administration Building Com 3T7=11 , p.p. Box 911 CoLrty Matlinez, CAlifornis 94553 two,PV IS.IM ow"Ic, Mnu7 t FSPOM I"Dstrict saw I wo"$ .W Doricl Sun"viigw M>CPIM".4"�Do"c' t 1MIMMw.sm Doric, T0: Emerson Jones et al 913 24th Street Richmond, CA 94804 1MCE TO CLi�T14�Nr Late-ralatrsa�ia� (Go er,ow t Cade section 911.3) (4 'ft* c laim you pceumted to the Board of SupervisMs of Contra aceta Canty, California, as Wnrni.ng body of the X County of Contra Costa sind/or District, cn January 5 , 1987 ` is being returned to you berrvith because t vas not presentad irithin 100 days after tete *vwt cc ec+currenoe as required by law. (see Sections 901 orad 911.2 of the Gonrrowt O:de.) Because the claim Mas rot presented within the time 0110wd by law, no action was taken an the Claim. YOur only roccurse at this tiaae is to apply Without Belay to the Board of Supervisors (in its capacity rioted sban) for leave to pcewt a late claim. Wee Sections 911.4 to 91.2.2, inclusive, and Section 945.4 of the Gowrmei t Cade.) Ulndar some ciromstances, leave to present a late Claim will be granted. (See section 911.6 of the cimrr,mmt Aade.) You way seek the advice of an attorney of your choice in Connection with this matter. if you desire to consult On attor- ney, You; should do no immediately. SON ?M= INW2MCLMaF "MNORMa= aAPPt,Tc7wz: ( ) fine a portion of yea Claim is not untimely, We We CgUining a copy of your claim for Board action on that portion of pour ca min which is mat untimaly. Phi BatchMw-Owk of*4 Board at &Wrviws Wad Ooaatfr Adainimatu By: Deputy Clerk Data: January. 2 8 , 1987 CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CO'�PurSoU TY!application to: Instructions to Claimant. CkrkofthcBoard P.O.Box 911 A. Claims relating to causes of action for death or r UP ihjuryr�to�S'3 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District: should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reser ed -for J;1 Q ' nips RECEIVED Against theCO NTY OF CONTRA COSTA) JA� J/ 1981. or DISTRICT) �� ... _. ... -_ K A (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $,25220,r)60_ and in support of this claim represents as follow --I ------------- ----------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and our 7 43 2. Where diu e damage or njury ccur? (Include ty and county) l Y. 3. How did the damage or njur occur? (Give full details, use extra SSL sheets if required) d�' a S��(� �-f �o 35 PM oRz-c�S ViC/ _�2 �JYYYLI Loet Qt (�GL 2 3� P. Ki Ll< «<<<,,,, doo2 �o '113 'Z.V-l�-i g� T.�'A�Ls S' "Pi P7 N2 �i ' rwrc�s PoL�c ,�r«�A(,c " S o cCh ,C6 16 tU f s G *tv, hax�c uSWhat particu ar act or omission 1 -Y�t t)-ie p rt o couoisrict officers , servants or employees caused the injury or damage? V�o A-t�° L N o /+2A-rte c4 w4b £ cxe& Nti.t �5 e- i�vt esd11 Nu�cU1 K&I&,(J ', Fkk&� c �ts�t/A -- 66ver) 5. What are the names of county or 'di-strict •officers , servants or ' employees causing the damage or injury? ��`4 __ 6rLk ----- - ---------GAF _- ----- - - - ---- 6 . What damage or inj ries do you claim resultd? (Give full-extent . of injuries or damages claimed. Attach two estimates for auto 9Q A41ck FLq- 5c� w- sl'L� l ��� 5 l 7. How=Wai� amount claimedb aove computed? (Include the esti ated amount of any prospective injury or damage. ) Names and addresses of wit esses, doctors and hospitals. �9K,/tl���tL ,, �Z ��uL4 Na. ��- zZZ��Byz #F ------- ---- ----=--- ---- 9. List ogoon VACE u made on account of' this accident or injury: DAIPI 33fl ITEM - AMOUNT DJ�T� cca-� *Ap(t*ik�** 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 TNJ4&,Yl 141� Claiman S ' gnature 1c Address � ' ! / Telephone No. Telephone No.['! '-a6 — t 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. " 1. rhe Board of Supervisors C;alra "'"''o -awk.f g»ften� OW Costa :ountr Administration ouildinp ��ar1A°'�i� 0.0. Box 011 !'1��/ Aertinez, California 9/553 � �J W PW"A.I.Oa►Kt Iwu7 C iMML PO Olthct icM bow i trMr. SW 001roct ISM•.fit•cti►.Nn Drr.c� �Mr tNW�M.a►M Ownct TO: Emerson Jones 913 24th Street Richmond, CA 94804 liiMCE SV CMDOW PT Late*1"17'"cTaN) (G comment Code Section 931.3) the claim you presented to the Board of Bupervisors of Contra Costa O mty, California, as governing body of the Ommty of Omtra Aosta and/or District, an January 5 19a7 is being returned to you herewith because it vas not presenLea adn 100 Jaya after the event or occurrence as required by law. (See Sections 901 and 911.2 of the Government Oode.) Because the claim was not presented within the time allowed by law, no action was taken on the Claim. ?our only recourse at this time is to apply without delay W the Board of Supervisors (in its capacity noted above) for leave to present a late claim. t0ee Sections 911.6 to 912.2, Inclusive, and Section 946.6 of the Goverraaent Code.) Drder Borne circ =tanoes, leave to present a late claim will be granted. (See Section 931.6 of the Goverment Oode.) You any seek the advice of an attorney of yaw choice in Connection with this matter. If You desire to consult an attor- ney, You should da so feloediately. to M MW IN BY 21M CLM or in BOAM ONLY V APPLTOUZZ: ( 1 ti.nce a portion of your claim is not untimely, we are retaining a copy CE Your claim for Board action an that portion of Your claim which is not W*40ely. phi Baltheiw,Clerk of ft Board of Supmiws and Couaq Admiai*eu 1Y' . Deputy Mork ftte: January -28 1987 CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COS-TA COUNTY e.urn original applica.fon to: Instructions to Claimant Clem of tho Board P.O.Box 911 A. Claims relating to causes of action for death or orrninjur�irn�ao45�3 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause- of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s i�s s RECEIVED Against the COUNTY OF CONTRA COSTA) ?/4-JAN , 1987 or DISTRICT) +► oR _ ... (Fill in name) ) N T .t.. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ D ) and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and our CD4c 4' flAb 2. Where dict the damage or '+n3#ry occur? (Include city n county) ?13 fY� K �;Wj --------ant-- �_ y,- = ---------------------------------------- 3. How did the damage or nju y occur (Gve full detals, use extra sheet if equired)ggZ2�` L /� ZoS 35- AM p�j; ve d 2 5�S1 �-QD,rf �� `360cLu �.a� C� � �� Ic t D.w4V I-Cy r%K�iL ,� olm�gxA C11(,�5 am 4 . What particular act or omission on the pat o county or district . officers , servants or employees caused the injury or damage? C d 6AJJ zed_ 44L C- r11-M- 4-e ark y AAS b�-� }; "(U--4, sE y � _ -_L t 4a CcvtCL L.,12ek- -cis AArd de-Fi-f� CIotpcfee . 5. - What are the names of county or district officers , servants or ' employees causing the damage or injury? C'-----r 6 . ^,hat damage or injuries do you claim re ulted? (Give full extent of injuries or damages ,claimed. Attach two estimates for auto 9 4<�-, X T 7. How was th amount c alrtied above computed? (Include the estimated amount of any prospective injury or damage. ) -------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. �r�- J� 14-e 1-4 ��3 -LYf� 5� - �dn CA, (M-'O �/�Sa36-oa'5' e-1 3 51 bi*cl &t , c�} -b 6.r7 C_ 2000 U�&a Rc�<i.�, 5�g,v P1qb(or C# gt(�SOL _ ��� _ c�A�-L-�t�-------------------- ------------ --------- ---- 9. Lis th you made on accountofthis accident or injury: DATE" ������9 ITEM _ AMOUNT ;*.pJi�4e*��'r'�drs'��c��D** v-06C A.-a-V-0 Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some erson on his behalf. " Name and Address of Attorney Claima S ' ature /3152 ie d ress 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 TO: BOARD OF SUPERVISORS OF CONTRA COSI COUNTY (3) Re•urn original appifcation t0: Instructions to, Claimant_ Clerk of the Board P.O. Box 911 A. Claims relating to causes of action for death or r�9rn1 3ur�irn- o4533 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Cla� by ) Reserved for Clerk' s filing stamps RECEIVED Against the COUNTY OF CONTRA COSTA) f �A(y 1961 or DISTRICT) M o� (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ a ` QQ j e9QQ - 0o and in support of this claim represents as follows: 1 ------------------------------------------------------------------------- d . When did the amage or injury occur? (Give exact date an hour 7 kW 2. Where did the damage r injury occur? (Include city and county) 9 3 -d VA 574 end L c�9-• g CIA)s !'d ce A",C-) Ji)1/2--_A_ _�off - _ 0_�j,,�2- - - - -- -- 3. How did the damage or i jury occur (Give full details, upe extra sheets if required) �� r �6 L0- S- Am 0FFeect.S {/�iC,j�tl/Z ,5 "5 -0405-P LOR)9 1Z� 36a P � l'Luynr i3w. 5 21 ,JtiLq ur Y a���t- Vd FSC c f i l `4 b i4ig c O-i A-4t v� o V ^ l� 4. What par icular0act dr omissisoi on the paYt of county o strict officers , servants or employees caused the injury or damage? �ffti+-�F�c�pa .a, boo g60�.-188vJ , k'�c cs � el-ul/ tt,h.�S ryy13y . i- 5 �i+lQ nT���S f •vV v l (over) 5. - What are the names of county or district off * ers, sere nts or employees causing the damage or injury?, � - - ----------------- ------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries ,or damages claimed. Attach two estimates for auto damage) d Qat ie,L6 Acdi c"en 13'64 �v �✓�� " (/ �� � �� 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) A-11 4kE � �v ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Ck,-7gg-6V v/s1i_X vzI.� �Lj,C 5�4L Cf9Cs}�j ytSLZ Q c!- �ffk 5�i t. u H L 3}1- 7 3a 7 111 :134 —o61 7 1r'o69S id& 141,^ Zcoo U" �+�� $)W 4", Cid. Igwr- D2' M i c.A ASL l� ----L9. i---st---he-----------enditures-----y--ou----made---on-------account-----of---this•:-------accident-----or in-Jury: ex A ITEM AMOUNT Lc<C� tilt a-��,;ec�a�►r,gyri s R., 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 ClaimanV s Signature g�3- 4t, Addre s gj(�&-t Telephone No. Telephone No.q/s vZ36- b�� S NOTICE Section 72 of the Penal Code provides: "Every person: h-ho, with intentto 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. " t^LAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTTl� COUNTY R�.urn original application to: • Instructions to Claimant Clark of the Board P.O. Box 911 A. Claims relating to causes of action for death or r �rrnitijuryrnto�5�3 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Clai by ) Reser 'ng stamps RECEIVED 44 4e- , �2°/ANS 1961. Against the COUNTY OF CONTRA COSTA) f� 1' or DISTRICT) - (Fill in name) ) :..... ...... ... The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Q , , 150 , 000, 00 and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? Give exagt date and hour 8001 ----------- -------ecxka -- 1��_ 5 _ -— - ----- ----- ---- ��- 2. Where did the amag or inj y oc ur? (Include city an county) f�u�µ C4, q l c _ - _ ____ __ ___ _ _ ____ _ -_ __ ___ _ __ _____ _ ___ ____ ______________ _ ____ 3. How did the damage or in ' y occur? . (Give full �Ietails� use extra sheets if required) 0`7 ;)ql S� 4+ 111; %9o5- d 3�"/� n1 dFfiu:�2.5 UcC�n, �v►K.� �6� /fir t2 3�d lP Baru Y �,. M y JyKe ct12tic�uti,,L�,/ �i915c� F� �,¢GSA , r�sou t�F ►11, �n�CL ��o l�cl�Z71�1���c`{*�, U�t,�(agccl7-4�ICA-W-4d s:✓�Z,cc(Q... NO Wit-rt-4.-4-t-f k£!'�c s� li C� Cc u�1 4 c�c a/,fov� E y of /'I?R46t 44 J,, y to -c( o t�t'c +C`,� c_�f_� o l�r�C8Y51 S 1 f4 rc FF d �c /n u�- Uu r c# ✓�4c/ �q wd C`�r�y_------ i-.- __ r 4 . What particular act or omission on the part ofcountyor district officers , servants or employees caused the injury or damage?. Sf rrP7 d�VaN�-cel �" rJoDl�rrr �f(o6���5�50�. VCC uSCyo� YN-i�_ ( nw v�d� h���,+s �-�s� (,►.� n �-, sem, dErt. Putf- 1t 1nt- k+ S 4--rl (over) i�.`1 5. , what are the names of- county or district officers , servants or employees causing the damage or injury? 6 . ' ��hat. damage or injuries you claim resulted (Give full extent of injur, * es pr 'damages c Aimed. Attach two estimates for auto damage)X,ft/f, /h'E d�C IOY/ /jtai4+L 6-#Sg-kiy), 13o Yy41 � �-yam--= 7. How was the amount claimed above computed? (I clude the estimated amount of any prospective injury or damage. ) --.--Names-------and------ add-resses-------- of--7-------------------------------------------- witnesses, doctors and hospitals. 8 n5, Li��' Iv+ J, Qi3 -Z�1-4 5�-- AELd;id,60. 14*6e( 636 -7387 r1R, /3" c, 84tjiq JP--. 935? t)shde,CL Avke- �� it 41 oZ 36—Q�17 /45p, -ti9 L oo U��� , sew ����, CJq- -rgsab --- ---------------------------------� �` -�- -- --- 9. List AhiMsou made on account of ths accident or injury:ITEM AMOUNT r Pot,CC2_ Z r`Gv�A 5 b (,vot2 t�u� u L2 1f 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 _ &Lk-wm Claima ' s Si nature i3- aV - - _ dres C! qY0 1/ Telephone No. Telephone No. VI S� 5 h • ` NOTICE Section 72 of t`he ` 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 10, 1987 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100, 000. 00 Section 913 and 915.4. Please note all "Warnnry Counsel CLAIMANT: TIMOTHY ESTFS FEB 12 1987 c/o Robert J. Orduna ATTORNEY: Attorney at Law Martine.?, CA 94553 1103 Buchanan Road #A Date received ADDRESS: Antioch, CA 94509 BY DELIVERY TO CLERK ON February 10, 1987 hand del . BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 12 , 1987 PpHHIL BATCHELOR, Clerk BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (/� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: � BY: puty County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present XThis Claim is rejected in full. ( )) Other: I certify that this is a true and correct copy of ;the Boar.d'$ Order entered in its minutes for this date. Dated: MAR 10 1987 PHIL BATCHELOR, Clerk, By . /; ► ` � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAR 111987 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator � I CLAIM AGAINST THE COUNTY OF CONTRA COSTA ITS AGENTS AND EMPLOYEES TIMOTHY ESTES presents a claim .for damages against the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, and its agents and employees. ADDRESS OF CLAIMANT: 8 East 6th Street Antioch, CA 94509 ADDRESS TO WHICH NOTICES ARE TO BE SENT: j � �T TIMOTHY ESTES FB�� c/o ROBERT J. ORDUNA 19 Attorney at Law `- C,oe, 8� 1103 Buchanan Road rF'o4 Suite A Antioch, CA 94509 s DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: On or about November 2, 1986, Claimant was lawfully incarcerated in the Contra Costa County Jail, Martinez, California , when he was physically assaulted by several unknown inmates. This ' assault occurred while the inmates were supervized by Deputy, name unknown, who took no action to prevent said assault. Claimant was in the exercise area, minding his own business , when he was approached by three (3) inmates, who began striking and kicking Claimant about the body. The unknown Deputy took no action to prevent or stop said act. PARTIES RESPONSIBLE: CONTRA COSTA COUNTY SHERIFF'S DEPT. SHERIFF RICHARD RAINEY, UNKNOWN DEPUTY AMOUNT OF CLAIM: $ 100,000.00. GENERAL DESCRIPTION OF INJURIES & BASIS OF COMPUTATION OF DAMAGES: TIMOTHY ESTES suffered the following injuries:. Fractured check bone and jaw; head concussion; bumps and bruises on shoulders and numerous parts of body. Claimant also suffered distress and loss of dignity and pride as an American citizen as a result of the assault by the inmates, who were under the direct supervision of the Contra Costa County Sheriff 's Deputy Officers. Damages for Claimant are computed on the basis of medical costs, past, present, and future; as well as what it would cost to adequately compensate him for the intentional and/or negligent misconduct of the members of the CONTRA COSTA COUNTY SHERIFF 'S DEPARTMENT and other agents and employees of the COUNTY OF CONTRA COSTA. DATED: February 6, 1987 +• ROBERT J. OR UN , Attorney for TIMOTHY EST S, Claimant CLAIM r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 10, 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 Goe6r fft1 RNdunsel Amount: $200, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: RICHARD D. KILKENNY FEB 12 1987 c/o Wallace Quinn, Esq. Martinez, CA 94553 ATTORNEY: 759 Appian Way, #D Pinole, CA 94564 Date received ADDRESS: BY DELIVERY TO CLERK ON February 10 , 1987 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 12 , 19.87 �dil Deputy oR, Clerk L. Hall I1. 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: 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 10 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 and Notice to Claimant, addressed to the claimant AnsRshown 19�� /' Dated: 11,1'FA 11 1 BY: PHIL BATCHELOR by ' GC Deputy Clerk CC: County Counsel County Administrator CLAIM TO-.,, � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 9.11, Martinez, CA) . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clem stamps Richard D. Kilkenny } ) RECEIVED Against the COUNTY OF CONTRA COSTA) 1p/FEB /,/) 1987 or DISTRICT) OR Fill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 200, 000 . 00 and in support of this claim represents as follows: --------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) Sunday, November 9 , 1986, between 4: 00 p.m. and 4: 15 p.m. ----------- --------------o-r--in--j---ury--occur?--------------(Include------city--and---------county)----- 2. Where did the damage Sheriff's Substation, City Hall, 210 O'Hara, Oakley, Contra Costa County, California, parking lot --------------------------------------------------•---------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) I was attacked by a County Sherrif' s patrol dog while I was talking to Deputy Sherrif 0. Washburn regarding the signing off of a "fix=it" ticket which my wife had received. The sherrif ' s dog came around the rear of the Sherrif 's car, attacked me and knocked me to the ground, and bit me on the arm and the leg. -------------- --------------------- ----Wh-at--part-i-cu-a-r--a-ct--o-r--omission on the part of county or district officers, servants or employees caused the injury or damage? The Deputy neglected to control and supervise his dog in a public park- lot. I am advised that this dog has a prior history of menacing or attacking or threatening to attack other persons. (over) 5s, What ,are the names of county or district officers', serVftnts-j:: ;> c I employees causing the damage or injury? Sheriff 's Deputy O. Washburn ----------------------- -- -----------------------7-------------------- 6. What damage or injuries do you claim resulted? (Give full extent - of injuries or damages claimed. Attach two estimates for auto damage) My arm and leg were bitten, requiring medical treaement. My clothes were ruined; I have lost wages due toithe injuries. My young son was present and is upset; I am suffering sleep loss and mental upset. ------------------------------------------------------------------------- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Wage loss, medical expenses physical pain and suffering at the time of the attack and since, and emotional distress and suffering at the time of the attack and since. K' Names and addresses of witnesses, doctors and hospitals. Deputy Sherrif O. Washburn ; myself, and Delta Memorial Hospital, 3901 Lone Tree Way, Antioch, CA 94509 and Kaiser Permanente Hospital, 3400 Delta Fair Blvd. , Antioch, CA 94509 ------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 11/9%86 Delta Memorial Hospital, Emergency $150.00 3 11/10/86 Oakley Pharmacy Medicines 7 .68 11/11/86 12. 83 t 11/11/86 Thrifty Drugs 21. 96 11/12/86 Kaiser Hospital Treatment 48 .00 Govt. Code Sec. 910.2 provides : WALLACE QUINN, ESQ. "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some erson onhis behalf. " r Name and Address of Attorney WALLACE QUINN, ESQ. Attorney/ Agent for Claimant' ignature 759 Appian Way, Suite D /see st left) Pinole, CA 94564 Address Telephone No. (415) 724-8060 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 OV CONTRA COSTA COUNTY, CALIFORNIA Clt.im Against the County, or District governed by) BOARD ACTION the, Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 10 , 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: $458 . 00 Section 913 and 915.4. Please note all 11Wa4Wty Counsel CLAIMANT: DEE W. LAWRENCE FEB 12 1987 2900 Melon Court ATTORNEY: Antioch, CA 94509 Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON February 9 , 1987 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. / Y BY February 9 , 1987 PpHHIL ATCHELOR, Clerk DATED: : Deputy �. L. Hall 1I. 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: S / / o BY:� V 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 XThis 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 10 1987 Dated: PHIL BATCHELOR, Clerk, By -E . 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 11 1987 BY: PHIL BATCHELOR by &71`����Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim bye ) Reserved . for Clerk' fi tamps ). zAAAeaye Z o qq5a nO%/ EIVED Against the COUNTY OF CONTRA COSTA) � 1987 or , V� ' DISTRICT) L MEIORzPvE� �� �QE A� F V KFill in name) ) .. .. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of an in support of this claim represents as follows : _ _ Sa �d5 _______________________________________________ _Whendidthedamage or injury occur? (Give exactdate ) Zoe 101P Wher did the damage or injury occur? (Include city and county) 3 How did the damage or inj4iry occdr. (Give full details, use extra rt4 sheets if required) -to M�. Moro 6L.011 �W What particular act or omission on the part of county or distri t IN officers , servants or employees caused the injury or damage? "Qk OP t0ex (over) 5What are the names of county "or district officers,- servants vr; u. 1 employees causing the damage or injury? _ ��6-2-------------------------------------------------- 6. What damage r injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) ---��p__TA1Yg4 Z--------------------------------------------------- 7. How was the argount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) --T es a f�--� _�2eZ_ . dcie.$_( t%- _� -------------Names and addresses of witnesses, doctors and hospitals. - -----J v 4------------------------------------------------ ------------ 9. List the expenditures you made on account of this accident or injury: -DATE ITEM AMOUNT P f Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES ,TO:1 (Attorney) or, some person on his behalf. " Name and Address of Attorney Clai ant' s Signature ZR00 Melaw de Address Telephone No. Telephone No. q/S'- '76'7-8194 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. " r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as Ex-Officio as the Governing , oar o t e Consolidated Fire District . Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 10, 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 Gov,QronunnVd6unsei Amount: $6 , 000. 00 Section 913 and 915.4. Please note all "Warnings . CLAIMANT. BUCHANAN FIELDS GOLF COURSE 2 1961 c/o Christine D. Callahan Martinez, CA 0553 ATTORNEY. Attorney at Law P. O. Box 1055 Date received ADDRESS: Concord, CA 94522 BY DELIVERY TO CLERK ON February 11, 1987 BY MAIL POSTMARKED: February 9, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �q /� IL gATCHELOR, Clerk r,� DATED: February 12 , 1987 : Deputy �t-e 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 910.8). ( ) 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: ��..�{- , i B : Q ��� puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 10 1997 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 11 1997 BY: PHIL BATCHELOR byV4_Z�eputy Clerk CC: County Counsel County Administrator COLL, BOBETSKY & CALLAHAN ATTORNEYS AT LAW 2204 CONCORD BOULEVARD THOMAS J. COLL P. 0.BOX 1055 WILLIAM B. BOBETSKY CONCORD, CALIFORNIA 94522-1055 CHRISTINE D. CALLAHAN TELEPHONE: 415/665-2440 February 5, 1987 Clerk of the Board of Supervisors County of Contra Costa 111 Pine Street Martinez, CA 94553 RE: CLAIM AGAINST CONTRA COSTA COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT Dear Ladies and Gentlemen: On January 30, 1987 , the above referenced claim, of which a copy is enclosed, was delivered to your office for filing. Please send to me a copy of this filed document in the stamped, self-addressed envelope enclosed for your convenience. Yours very truly, COLL, BOBETSKY & CALLAHAN BY M;;'� :?� 6dX:t� CHRISTINE D. CALLAHAN CDC/hb Encl y�r y•'=�` C014TRA C:USTA CUUN.L'Y k_'ui4,,;i, LDATEL) PROTECTION FIRE DISTRICT, CALIFORNIA' You are hereby notified that (1) 13T1C;NA'LiAN FT _T.nG r-nT:F rnLTRSE whose ?ost C1 i:.e address is (2) c/o Christine D. Callahan, P. O. BQ�105_5_CQ cord. C 94522 District claims ra.:.aces f_s„omCQC Consolidated Fire;'n the amount, - computed as o_F the date of tae :rasentation of this claim, of (3) S 5, 000- 00 T::is claim is based upcn (4) (, ) Personal injury; (x) Property damage or loss; ( ) Other, s;.acify which occurred on or about (5) 10 / 27 / 86 3330 Conco"rcvie, t .a vicinity of (6)Buchanan fields Golf Course,/Concord.CA trader the fallowi:g C_4=Cu.-tstanc4s-4, (7.�• fire truck and various emergency vehicles admini steri n; . , tees, fairways and surrounding area. 12ha name of the City employee or employees causi.•tg the claimant's injc-y or loss undar t;e circ'_—..stances described is (8) unknown or is unknown: to the clai:Lent. T e injuries to the claimant, (i_' any) , as far as known at the sate of presentation a: the claim consists of (9) is, d .Gori h d in T am Nn- 7 ahnyp_ to amount of daraces claimed as of- the date of this claim is computed as follows: Ca.:.tges irct:rred to date (Itemized) ; - ••(10)- Cost of repairs q 4 ,'000. 00 _. Pal at-arI arimi nj ct,.atj are costs S 2 , 000 . 00 rsmi_.ate oroosectivq da---ages as far as known: (ll) S unknown (12)' TOTAL AMOMM CLAi.MED as of presentation date of claim $ 6 ,Qnn _ nn ;.?1 notices and communications with regard to this claim should be sent to claimait ac (1]) - CHRISTINA D. rAT.T.AllAm., A,TTnR.jjry Arr T__AW. •'O. Box 1055 . Cone d, rA 941399 ok=: 14) January 30 19 87 ..RECEI VES (15) siGNZED: , FEB/� 19gj Attorney :or Claimant CL OA 9 EIoR • No S ER K ...or errrry 6/}'103F1�ii'4'a ?V-I CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA F E 1 �11 p Claim Against the County, or District governed by) BOAR>f AL7IU�� `�f1` z�'J`^ the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 10, 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: $3 , 127 , 138. 82 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ROBERT C. HOTTS, ON BEHALF OF HIS SON, ROBERT 14. MOTTS, A MINOR c/o Richard D. Sanders ATTORNEY: Sanders , Dodson, Rives , McLaughlin & Pegnim Attorneys at Law Date received ADDRESS: 2211 Railroad Ave. BY DELIVERY TO CLERK ON February 13 , 1987 hand del . Pittsburg, CA 94565 — . 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. IL gATCHELOR, Clerk C�eyaf_ DATED: February 17 , 1987 JV: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors 00 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: �`"'y�`7 j iBY `"duty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present X) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 10 1987 PHIL BATCHELOR, Clerk, By ��� Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAR 11 1987 BY: PHIL BATCHELOR byL&�Z&,puty Clerk CC: County Counsel County Administrator CEIV.ED y9 FEQ is 1987 etr4r, l l,Aoft r OOay�'+� In the Matter of the Claim ) CLAIM FOR PERSONAL INJURIES of ) ROBERT W. MOTTS , a minor , born ) ( Gov. Code Section 910) September 11 , 1976 , ) against ) COUNTY OF CONTRA COSTA ) ROBERT C. MOTTS , on behalf of his son , ROBERT W. MOTTS, a minor , born September 11 , 1976 , presents this claim to the COUNTY OF CONTRA COSTA pursuant to Section 910 of the Government Code of the State of California. 1 . Claimant ' s post office address : ROBERT W. MOTTS , a minor , in care of ROBERT C . MOTTS, 421 West Fifth Street , Antioch , California 94509. 2. The post office address to which claimant desires notices regarding this claim be sent is as follows : RICHARD D. SANDERS , SANDERS , DODSON , RIVES , McLAUGHLIN & PEGNIM, Attorneys at Law, 2211 Railroad Avenue , Pittsburg, CA 94565. Telephone : 432-3511 . 3. The date , place and circumstances giving rise to this claim are as follows : On November 6 , 1986 , at the parking lot on the premises of Antioch High School claimant received per- sonal injuries under the following circumstances : He was struck by a school bus believed to be a 1977 International bus bearing license number, 158 THZ. On information and belief claimant al - leges that said school bus was jointly owned and operated by the ANTIOCH UNIFIED SCHOOL DISTRICT , the COUNTY OF CONTRA COSTA, and TAYLOR BUS SERVICE . The injuries to claimant were proximately caused by a negligent or wrongful act or omission in the operation of said school bus by the driver thereof , to wit : RUSSELL WAYNE JOHNSON , who was at said time employed by the ANTIOCH UNIFIED SCHOOL DISTRICT , the COUNTY OF CONTRA COSTA, and TAYLOR BUS SER- VICE. 4. So far as known as of the date of the filing of this claim the injuries suffered by ROBERT W. MOTTS , a minor , include , but are not limited to , the following : Numerous fractures of the collar bones , ribs , arms and legs , injuries to the lungs and bladder and other internal injuries . 5 . Damages claimed are as follows : Medical and hospital expenses to date : Michael ' s Ambulance $ 478. 50 Calstar Ambulance $ 1 , 648. 71 John Muir Memorial Hospital $ 18 , 753. 04 Children ' s Hospital /Oakland $ 99 , 400. 00 Diablo Valley Radiology $ 215. 00 Respiratory Medical Group $ 225. 00 A. D. Tobias , M. D . $ 2 , 655. 00 The Pathology Institute $ 31 . 70 Omega Medical Clinic/R. Ingram, M. D. $ 90. 00 Blood Bank of A-CC Med. Assoc . $ 3 , 640. 00 Future medical expenses : Unknown and undeter- mined at this time. Impairment to earning capacity : Unknown and undeter- mined at this time. General damages : $3 , 000 , 000. 00 -2- 6 . The names of the public employees causing the injur- ies , other than RUSSELL WAYNE JOHNSON, are unknown at this time. Dated : February 11 , 1987 . / l Father o ROBERT W. MOTTS, a minor Claimant RICHARD U. bANDERS SANDERS , DODSON , RIVES , McLAUGHLIN & PEGNIM 2211 Railroad Avenue Pittsburg , CA 94565 Telephone : 432-3511 Attorney for Claimant -3- CLAIM / r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Mq r ch 10, 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 "Warnitlgs" } r� .� �i ity CG.uns ; CLAIMANT: SAMUEL YOSHIOKA P. O. r : 1 u 1987 ATTORNEY: Martinez, CA 94553 Date received tM' E -;.a2 A ADDRESS: BY DELIVERY TO CLERK ON February 12 , 1987 CC BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: February 17 , 1987 BY: Deputy , L. Hall I1. 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: / .525 u� BY152'�_ ' �Uty 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) 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 1 0 1,987 PHIL BATCHELOR, Clerk, By _GC , 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. rN Dated: MAR 1 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Courisel ��J FEB 111967 CL. FNI. - 2-75 a�e-G Martinez, CA 94553 CLAIM AND 'AMENDED-CLAIM'-.'AGAINST THE COUNTY OF CONTRA COSTA Government Code Sections 910 to 911. 2 require�`� ,1 i` r: -, t presented to the thaall claims must be r ` =' p 1 t+ (_ Controller within 100 days from date of acce-nt ._.._ CLAIMANT' S NAME: SAMUEL YOSHIOKA r•t,,:.-. .. • . �i: `" "' '• ;� ;, AMOUNT OF CLAIM: $ 1 ,000,000.00 CLAIMANT' S ADDRESS: P.O. Box 2171 Martinez , CA 94553 Phone -372-4416 ADDRESS TO WHICH NOTICES ARE TO. BE SENT: DALE MINAMI , ESQ. MINAMI & LEW7 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 r $ Unknown Future Loss of Income Capacity $ Unknown General Damages $ 5009000.00 Punitive Damages $ 500,000.00 TOTAL. $ 1 ,000, 0 0 Signed by or on behalf of claimant: 10 44 • � ' FF� NOTE: CLAIM FORM MUST BE FILED I N DU IC p 87 BOTH COPIES MUST BE SIGNE ONiR .. c ATTACHMENT A On December 24 , 1986 claimant was given a performance evaluation which was biased, inaccurate and unfair by Mr. Paul Ingels. Claimant was also 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: November217 , 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 "R.evised 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. [ ] (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 J (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. -Q.4 J mi CLAIM / BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing indorsements, ) NOTICE TO CLAIMANT March 10, 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: $250, 000 . 00 Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT: KATHLEEN PURSLEY c/o Andrew R. Gillin FEB 1 u 1°87 ATTORNEY: Gillin, Jacobson & Ellis 2030 Addison St. , 7th Floor Date received l3"�rt0j.7 0'; ADDRESS: Berkeley, CA 94701-0523 BY DELIVERY TO CLERK ON February , BY MAIL POSTMARKED: not legible 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. , Februar 17 , 1987 ppHHIL BATCHELOR, Clerk ( y� DATED: y BY: Deputy L. Hal 1 1I. 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: 4& e�� Z 2 BY ` f�R—��c x—B�puty 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 XThis 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 10 1987 PHIL BATCHELOR, Clerk, By �� � Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAR 11 1981 BY: PHIL BATCHELOR by -_--e Deputy Clerk CC: County Counsel County Administrator GOVERNMENT CODE. CLAIM � TO THE GOVERNING BODY OF: CONTRA COSTA COUNTY '01987 OUR CLIENT & CLAIMANT: Kathleen Pursley ADDRESS: 2049 Tapscott Avenue s ` e o�; E1 Cerrito, CA 94530 DATE OF INJURY: 1/7/87 (See attached California Highway Patrol report) PLACE OF INJURY: E1 Portal Drive at intersection with Interstate-80 eastbound off-ramp, City of San Pablo, County of Contra Costa, State of California DESCRIPTION OF INCIDENT: See Attached. NATURE OF DAMAGES: See Attached. AMOUNT OF CLAIM: $250, 000 ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: GILLIN, JACOBSON & ELLIS 2030 Addison St. , 7th Flr. P.O. x 523 Ber e11 , 01-0523 DATED: February 12 , 1987 DREW R. GILLIN ATTORNEY FOR CLAIMANT PROOF OF SERVICE I declare that: I am employed in the county of Alameda, California. I am over the age of eighteen years and not a party to the within action; my business address is 2030 Addison Street, 7th Flr. , Berkeley, California. On February 12, 1987, I served the within GOVERNMENT CODE CLAIM on the interested parties in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Berkeley, California, addressed as follows: Contra Costa County Clerk of the Board of Supervisors County Administrator's Office 651 Pine Street Martinez, California 94553 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on February 12, 1987, at Berkeley, California. CAROL L. GRACE GOVERNMENT CODE CLAIM (Attachment) TO: COUNTRA COSTA COUNTY CLAIMANT: KATHLEEN PURSLEY DOA: 1/7/87 DESCRIPTION OF ACCIDENT: Claimant had exited Interstate-80 eastbound at E1 Portal Drive and come to a stop in the no. 1 lane prior to the crosswalk and intersection. Claimant looked for the green phase of the signal light to make her turn and observed that none of the phases of the light were illuminated. Claimant, not being in a position to wait at the broken light and risk being struck from the rear, slowly began to enter the intersection when she was struck by a second vehicle driven by Robert Castro. NATURE OF DAMAGES: Defendant Public Entity is responsible in whole or in part for personal injuries and damages sustained by Claimant due to the dangerous and defective condition of public property, and to the extent said conditions created a substantial risk of injury for persons lawfully using said roadway. The dangerous and defective conditions consisted of, but were not limited to, the negligently maintained traffic light, the failure of said traffic light, inadequate and con- fusing street markings and dividers, inadequate, confusing and improper warning and instruction signs and markers, and inadequate traffic control devices. This light had malfunctioned before on many occasions and defendant had neither corrected such dangerous condition of defect of property nor given adequate warnings to the public. B STATE OF CALIFORNIA - C0S{ REPORTTRAFF{C ,AGE IDI G SPECIAL CONDITIONS NO.INJVREO M $ R CITY JUDICIAL DISTRICT NUMBER C FELONY �2 D SA\Q PAL(3 QA4 mums 0 NO. KI LED M 81 R COUNTY REPORTING DISTRICT BEAT 1 078 D MIlD. D Cors-9.A CTSTA 370 COLLISION OCCURRED ON MO. DAY YR. TIME '3100) NCI!fJUMBHR pF PICER I.D. Z EL Pok !,. D��------------------------- 1 S7 ��S 937o i�z o ----- O F MILEPOST INFORMATION INJURY,FATAL OR TOW AWAY STATE HIGHWAY RELATED Q V /CCT OF MILE Pp STCF YES D NO ®YES D NO OAT INTERSECTION WITH _ t C'I O 1r' PHOTOGRAPHS DOR: ZrSO IEET/I16RB! t'-fl.,30r, OF y y ` D YE4 NO PARTY NAME {FIRST.,MIDDLE,LAST) OWNER'S NAME SAM- AS DRIVER ) KfArNLEEN MND VE P095LEY DRIVER STREET ADDRESS Q / .^/ HOME PHONE OWNER'S ADDRESS SAME AS DRIVER O Ll 7 -/ C�j�_ �VE (L;)5i` :J .so ES. CITY/STATL/ZIP BUSINESS PHONE DISPOS♦♦♦ITIOAN OF VCM. ION ORDERS OF p���1� TRIANEL nl\1� �, �yS30 N15)24-35-- �//5 .�, ,,,_ ���6 DOFFICER -K..IVER DOTER PARKED DRIVERS LICENSE NUMBER STATE `/ BIRTHDATE JSS� RACE DIRECTIONO' ON/A'. )STREET OR HIGHWAY) SPED LIMIT VLH MO. DAY YR. TRA L rC,4 9 ;s F ELT�� 3 `7779a5- .ICY- VON. YRIS) MAKC)S)/MODEL(S)/COLORIS) LICENSE NO.(S) STATE(S) CHP USE VEHICLE OAMAGL—E%TENT/LLOOCATION CLIST 74� ������ j ���J ' ��� �/i VON IOCN!TYPE El MINOR D MODERATE &I.IOR D TOTAL OTHER / GGr r . . . . . . �! L AIDC e w�Nl75ff�EZD PARTY NAME )FIRST,MIDDLE,LAST) OWNERS NAME !AME AS DRIVER i. RC�B <T CA�)7..0 RIVE STREET ADDRESS MOM[ PHONE OWNERS ADDRESS SAME AS DRIVER j l 3 H I,, F r-J AT I QtJ Ct i2 ZZ2-- 7S7 PECKS- CITY/STAT[/ZIP BUSINESS PHONE DISPOSITION OF VE.. ORDER:OF j TRIAN EL SQBRANTe' CA• (7 d t\� 1�L— OR D DRIVER OCT... 1� PARKED ORIVER'S LICENSE NUMBER STATE BIRTHDATE SE% RACE DIRECTION OF ONjAeRPWS )ST"KKT OR NIGMWAY) STEED LIMIT VEH, /j �/ _5� �' / MO. DAY '�R; M TRAVEL EL PV R�L BICY• VEN/\,"IVR(S) MAKC)S)/MODEL($)/COLO///Opp)S) LICE NSC NO.)S) . .STATES) CHEP USE VEHICLE OHMAGE—[%TENT/LLOOICATION CLIST �/, �� /� ����3. . .�. . . �� ONLY D MINOR D MODERATE P(.�,]rA D TOTAL / VENICE! TYF AJOA IL �} FP-ONr END, wiNAsHiCL6 i PARTY NAMEIFIRST,MIDDLE,LAST) OWNERS NAME ' { SAME AS DRIVER 3 u DRIVER STREET ADDRESS HOME PHONE OWNERS ADDRESS SAME AS DRIVER I[pC3' CITY(3TAT[(J:IP 1131N6f1 PHONE 11310SITION OI VCM, ON ORDERS OF TRIAN D OIIICCR D DRIVER D OTHEw PARHHD DRIVER'!LICENSE NUMBER STATE BIRTH OATL t[X RAGE DIRECTION OF ON/ACROSS )STREET OR NIGMWAY) SPEED LIMIT VEH. MO. DAY YR, TRAVEL BICY• V[N. YR)!) MAKES)/MODEL)!)/COLOR IS) LICCN SE NO.15) STATE)S) CHP USE VEHICLE OHMAGE—E%TENT/LOCATION CLIST ONLY VEHICLE TY► D MINOR D MODERATE D MAJOR D TOTAL OTHER PARTY NAME )FIRST.MIDDLE,LAST) OWNERS NAME I I SAME AS DRIVER 4 u DRIVER STREET AOORESS NOME PHONE OWNERS ADDRESS LJ SAME AS ORIVER PEOES• CITY/STATE/ZIP BUSINESS PHONE DISPOSITION OF VEN. ON ORD[A¢OF TRIAN D OIFICLR D DRIVER D OTHER PARKED DRIVER'S LICENSE NUMBER STATLEIRTH OAT! SEX RACE DIRECTION OF ON/ACROSS )STREET OR HIGHWAY) SPEED LIMIT VEN MO. DAY YR. TRAVEL BICY• VEN. YR(6) MAKES)/MOOEL(S)/COLOR(•) LICENSE NO.)¢) STATE(/) CNP use VEHICLE DAMAGE—EXTENT/LOCATION Cufr ONLY . VEHICLE TYPE D MINOR D MODLR AT[ D MAJOR D TOTAL OTHER CNP 555—Page 1 !Rev 8.84) OPI 042 N�� 85 93651 STATC OP CALIFORNIA _ TRAFFIC COLLISION CODING ( fAG[ 2 DATE OF COLLISION �[P./t TIM[r,(=100' NCIC NUMB[w Mo. DAY Yw. V I v /V PLQ`f/ - ."�.' 'O• �' - PROPERTY DAMAGE DESCRIPTIO, OP'JIiAM AO �' { Y OWNERS NAM[/ADDRKSB NO��TI1IIIF I[b IJ YEB O NO VIOLATION( S) PARTY I PARTY 2 PARTY ) PARTY d CHARGED C;2L� J 02 Al V� PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES I 2 7 4 TYPE OF VEHICLE I Z J 4 MOVEMENT PRECEDING ' (LIBT NUMBER J> )OF PARTY AT FAULT) A CONTROLS PUNCTIONING A PASSENGER CAR/STA.WAGON COLLISION ✓r A SECTION VIOLAT D: B CONTROLS NOT FUNCTIONING- B PASSENGER CAR W/TRAILER A STOPPED 1 ZI � C CONTROLS OBSCURED- C MOTORCYCLE/SCOOTER B PROCEEDING STR AIGMT # B OTHER IMPROPER DRIVING D CONTROLS NOT PRESENT/FACTOR D PICKUP OR PANEL TRUCK C RAN OFF ROAD E PICKUP/PANEL TRK W/TRLR D MAKING RIGHT TURN C OTHER THAN .RIVER' TYPE OF COLLISION F TRUCK OR TRUCK TRACTOR E MAKING LEFT TURN D UNKNOWN* A HEAD-ON G TRK/TRK TRACTOR W/TRLR F MAKING U TURN WEATHER (MARK I TO 1 ITEMS) B SIDESWIPE H SCHOOL BUS G BACKING IXIA CLEAR C REAR CND - I OTHER BUS H SLOWING—STOPPING B CLOUDY D BROADSIDE J EMERGENCY VEHICLE I PASSING OTHER VEHICLE C RAINING E HIT oBJECT K HWY CONST.EQUIPMENT J CHANGING LANES D SNOWING F OVERTURNED L BICYCLE K PARKING MANEUVER E FOG G VEHICLE/PEDCSTRIAN M OTHER VEHICLE L ENTERING T— IF OTHER-: H OTHER-: N ►EOEST.— M OTHER UNSAFE TURNING G WIND O MOPED N XING INTO OPPOSING LANK LIGHTING MOTOR VEHICLE INVOLVED WITH O PARKED A DAYLIGHT A NON-COLLISION 1 2 7 d (OTHER ASSOCIATED FACTOR P MERGING B DUSK—DAWN B PEDESTRIAN (MARK /TO ]ITEMS) Q TRAVELING WRONG WAY- I C DARK—STREET LIGHTS iC OTHER MOTOR VEHICLE A VC SECTION VIOLATION: R OTHER-: D.ARK—NO STREET LIGHTS D MOTOR VCM,ON OTHER ROADWAY STREET LIGHTS NOT E PARKED MOTOR VEHICLE V� B VC SECTION VIO ON: E OARFUNCTIONING' F TRAIN ,\ Z� I '��J G BICYCLE C VC SI CTION VIOLATION: ) ROADWAY SURFACE H ANIMAL: I 2 ] S SOBRIETY—DRUG— PHYSICAL B WET I FIXED OBJECT: MARK 1 TO Z ITEMS) C SNOWY— ICY E VISION OBSCUREMENTS: A...NOT BEEN DRINKING D SLIPPCwY (MVOOY,OILY,ETC.)• j OTHER OBJECT: B MBD—UNDER INFLUENCE F INATTENTION C MBD—NOT UNDER INFLu.• ROADWAY CONDITIONS G STOP IN GO TRAFPIC DHBD—IM FAIRMENT UNKN- MARK 1 TO )ITEMS) PEDESTRIANS ACTION H ENTERING/LEAVING RAMP E UNDER DRUG INFLUENCE• A HOLES,DEEP RUTS- A NO PEDESTRIAN INVOLVED I PREVIOUS COLLISION F IMPAIR M[NT—PHYSICAL- B LOOSE MATERIAL ON ROADWAY- CROSSING IN CROSSWALK J UNFAMILIAR WITH ROAD G IMPAIw ME NT NOT KNOWN B C OBSTRUCTION ON ROADWAY* AT INTERSECTION K DEFECTIVE VCH,EQUIP.: H NOT APPLICABLE D CONSTRUCTION-REPAIR ZONE CROSSING IN CROSSWALK—NOT I SL[EPV/FATIGUED C E REDUCED ROADWAY WIDTH AT INTERSECTION L UNINVOLVED VEHICLE F FLo OoEo- D CROSSING--NOT IN CROSSWALK M o HER•: 1 2 1 7 4 1 .SPECIAL INFORMATION G OTHER-: E IN ROA.—INCLUDES SHOULDER N NONE APPARENT A HAZARDOUS MATERIALS* 11 NO UNUSUAL CONOtTIONi F NOT IN ROAD O RUNAWAY VEHICLE B FIRE INVOLVED* IG APPROACHING/LEAVING SCHOOL BUS C TIRE DEFECT/PAILURC- SKETCH 0 MISCELLANEOUS i ll L y, INDICATE NORTH PHYSICAL DESCRIPTION OF PARTY NUMBER HAIR EYES NEIGHT WEIOHT •A[►ARERf NAME I.D.NUMBER MO. DAY YR. J.ff 6WC S NAME MO. DAY YR. CHP 555—Page 2 (Rev 12-84) OPI 042 V #Explain in narrative FACTUAL DIAGRAM _ 3 QAT[ OI COLLISION .�•�/•T •''t) TIMI r�'�{ '•.: NGIC NVMt[R —1- 078 1 - ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE I I I IN OIC AT[ NCRTN 1" I I - z• z' EL RO TAL r-K ----E-Y1T FRoM . - Ef�� . W/(2, 3" 4.. I 4.. v V_� - s7 I ENT 7 i EL �oRTAL' DF 1 tie a•• a.. i i I I I I I II I I I I I ►R[IAA tR'S NAMt - _ - _ _ _-..- -._. 1-D,NUMt[R MO. DAV: YR, JRK�IWWIR'S NAM[ NO, OAY YR, C z c� i V CHP 555—Page 4 (Rev 6.84) OPI 042 84 x49 STAT[OP CALIPORNIA _ INJUREDWINESSEWPASSENGERS OAT[ OR C01.1.1 1110" _T TIM[ (i/00�)j t NCIC NVMGB[R -�` OP PI)C 1[R I/D. NUMBER- w�M1 �7 OvL! � / ��V 7( YJ� . �.1 - .� O • �o,xl:..D- •n -. EXTENT OF INJURY("X"One) "INJURED WAS("X"One)" ""- WITNESS PASSENGER .ARTY SEATING_ AGE SEX {EVER[ OTHER VI/IBL[ COMILAI NT ONLY ONLY PATAL INJURY DRIV[q PA{{. PED. BICYCLIST OTHER NUMBER POSITION INJURY IN, III a/ OP PAIN , NAME/ADPRE{//TELE►MOMS �J1 llT M e—• P(� TRAM,POR TTED BAKY/TAKEN TO (INJURED ONLY (Zixot"D ,� I.JT ErJ ro 1cNy 1 G. 1iJ - II2.�oU DESCRIBE INJURIES CA O :1z /' El ElE] l_ NAM[/ADPRESS/TELEPHONE 194 TRANSPORTED SY/TAKEN TO (INJURED ONLY) tc� cwr�) mE'Di�L. $iS� o[/cRIaE INJURIE■ SCE RT"1 Qr`+LToIItI 4V � VD►�s�a r T �t"F7' �e.�E".r�� �"v� �Ic- ❑ ❑ ❑ ❑ ❑ NAME/ADPRESS/TELEPHONE TRANSPORTED BY/TAKEN TO (INJURED ONLY) DESCRIBE INJURIES ❑ ❑ L� ❑ U NAME/ADPRESS/TELEPHONE ' TRANSPORTED BY/TAKEN TO (INJURED ONLY) DESCRIBE INJURIES ❑ ❑ ❑ ❑ ❑ El El NAME/A OP R E SS ITELE PH ONE TRANSPORTED SY/TAKEN TO (INJURED ONLY) DESCRIBE INJURIES ❑ ❑ ❑ ❑ ❑ ❑ ❑ Cl ❑ ❑ ❑ NAME/ADPRass/TELEPHONE TRANSPORTED BY/TAKEN TO (INJURED ONLY) DESCRIBE INJURIES PRE►ARER�{NAM[ I.D.NVMBER 1-0. DAV Yq, RE VIEW[R {IVAM! MO. OAY YR. ;HP 555—Page 3 (Rev 6-84) OPI 042 /TAT[OI CA"FORNIA FACTUAL DIAGRAM - . . - -- . _ _ ' ►was. r OAT[0• COLL.1510 .• TIM[ (3.00) NCIC NUM[[R 01'I'IC[A 1.0, NUY[[R 078 C•1 7-41 Yh7 -.937 lfol I ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE -) I i •I UvA_�____ INDICAT[ 1" NORTH T' - I I P-L PORTAL M, EL POVIAL OR EAk7 FR0; STATE OP.CALI'ORNIA \.%H•,VI,;Ar 11 7YA•/1 NARRATIVE/SUPPLEMENTAL 1PAGE.`, 'C\ :" DATE OF ORIGINAL INCIDENT 1`` TIM! 11.0000) NCIC mum EER A 112-G 11RC I.7,. mu""m 0 p1�.I._r.:l:•;.-Z' •._. )T. c IF q370 TYPE 1u PPLEMENTAL („%„APPLICAELLK 1) ' IliJ NARRATIVE COLLISION REPORT BA UPDATE U FATAL a-HIT eC RUN UPDATE El SUPPLEMENTAL O OTHER: O HAZ. MATERIALS SCHOOL BUS OTHER: CITY/COUNTY/JUOICIAL OISTRICT RPT. DISTRICT/BEAT CITATION NUMBER LOCATION/SUBJECT STATE HIGHWAY RELATED WN YES NO 1. I� 2. 3. _ r C t- '.: LL r-3 q C-c-Io Fra- &)I-t- C. 1/ N i`551"3445- 4. aSr"344'r4. J O U P,- ES P 7 C-1 H a Ag > T- 7-YE" SQ9N C A 7- 5. 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DAY YR, CHP 556 (Rev 12-84) OPI 042 Use previous editions until depleted. 85 35229 AMENDED / CLAIM r l 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 10 , 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 "Wan}f '.ry CdUf1Sel CLAIMANT: MARGARET JESSEPH 225 Lake Drive F t B 2 G 1987 ATTORNEY: Kensington, CA 9.4708 Date received Martine-, CA 9453 ADDRESS: BY DELIVERY TO CLERK ON 'February 20, 1987 BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �qIL BATCHELOR, Clerk DATED: February 23 , 1987 : Deputy 1". 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: �� /8 % 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 19S 1411V,6-WOIC70 (X This Clai0is 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 10 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: . U AR It 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator L 225 Tike Drive Kensinj,,ton, Ca. 24708 !cbruary 17, 1987 Judith 0. !'w-.,ell Chnii—m-m, iortrd of !.dractors rctircmont 'y3ttm ox 15?75-C acrai;i�-,,ntu, Cfi. 95851 �up,,-.;rip.tcndI--nt icI-,i:.on,I JrMCd �(,',.00l Di: 110-R AVI. ����� VED Pic)-,inoni, Ca. NP02 F�e �o roar J-, (.ontro Costa CovnLy •;o,,-rd of X553 7, rcc-:�Iv-3.1 an, ii:t!!:%;s' -,aY.:-7—-.1 t of „4 2 I fro.. .S for int----r--st .'Aae b--cfiujo the final r-Air,--,,i-nt allowa!x.e ,:;s c t v,-di -d-:.-Mn -1� dar:3 of of all r,�c--s-,ury infor�-,).tion. no t-:;Jl 67. -Ctjy t,! - r 3 0' ef, :Iiy-i t ,is intarnst pair!:nt cov- s. It antaar3 to be t-"o mont's of t* n eigl-itet-n months covjr,;Y "bk/, tl-i: retroactivc pr-L, y7nt. i"his -ions nog corgi sis ter mc for ri-i actual loszi of "'W' .37. I `.:-)is loss ^:13.us---3 by ti---Lit.,:nt errors on t ,-- Dart of 'M3, V)e ttnd -bhb County `)ffice of Education, I file in ;T,%ill Glzld-s, Court unluss a satticmoylt is runcil. d by h 1 7. Arcc-r�ly vours, APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT March 10, 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: JENNIFER LARGE c/o Ronald K. :Mullin Attorney: P. O. Box 396 Concord, CA 94522 Address: Amount: $1, 000, 000. 00 By delivery to Clerk on February 9- 1987 Date Received: February 9, 1987 By mail, postmarked on February 7 , 1987 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: 2-9-87 PHIL BATCHELOR, Clerk, By _ ,�&L 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:�rE� j' ,/;� /vICTOR WESTMAN, County Counsel, By Z-c� 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. MAR 10 1987 1 DATE: 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 grant to consult an attorney, u should do so :[®ectiatel 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: MAR 111987 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 a r 1 LAW OFFICES OF RONALD K. MULLIN 2 Schenone Center 5267 Clayton Road, Suite 27 3 Concord, California 94521 (415) 798-3413 1987 4 0 ` r0NT OR 5 Attorney for Claimant, JENNIFER LARGE e 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA 10 11 Claim of JENNIFER LARGE N _ 12 v. APPLICATION TO PRESENT LATE CLAIM Fa a s , 13 CONTRA COSTA COUNTY HEALTH ° " :; SERVICES o Zai14 ° 3 Az ° U solo " 15 NS 16 Application is hereby made for leave to present the 17 attached claim for personal injuries late. 18 The reason for the delay in presenting the claim is 19 that claimant had no knowledge that the original operation was 20 unnecessary until sometime after October 24, 1986. Therefore, 21 there was no way that the claimant could have presented the claim 22 within the one hundred (100) day filing time limit. 23 DATED: February 3, 1987 Re ectful submitted, 24 25 RON D K. MULLIN, Attorney for Claimant 26 27 28 r RoKgcv K. M�«car Schenone Center 1 5267 Clayton Road, Suite 27 - Concord, California 94521 (415) 798-34.13 i -i 5 Attorney for Petitioner l g IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA . , IN AND FOR THE JI�'i: OF i;ui�Tt.ri is.� Li 10 JENNIFER LARGE, CAST: N0. 11 Petitioner, CLAIM FOR DAMAGES SUSTAINED 12 V. TA 0 RECEIVED 13 CONTRA COS COUNTY HEALTH 14 SERVICES , a t: C 1361 15 Respondents . 1 G WRK BOARD La, 17 i8 TO: CONTRA COSTA COUNTY HEALTH SERVICES 19 1 1 . You are hereby notified that the above named claimant , 20 who may be contacted through this office , claims damages from 21 the CONTRA COSTA COUNTY HEALTH SERVICES , in the amount computed 22 as of the date of presentation of this claim, in the approximate 23 amount of $1 ,000 ,000.00. 24 2 . This claim is based upon injuries sustained by the 25 above named claimant , JENNIFER LARGE, on. or about the second 26 week of July, 1986 when she was admitted to MERRITHEW MEMORIAL 27 HOSPITAL on 2500 Alhambra, Martinez , California. 28 3 . Claimant alleges the injury resulted from the removal 10YAL, MULUN& SI.U[S A PROFESSIONAL LAW 1.' CORPORATION MOYAL BUILDING 1899 CLAYTON ROAD CONCORD,CA 94520 1 of a portionof her stomach unnecessarily when she was admitted to the hospital and a misdiagnosis of her ailment as a bleeding ulcer when she actually had cancer of the colon. 5. The amount claimed as of the date of presentation of this claim 5 is the sum of $1 ,000,000.00 , representing general damages 6 suffered by claimant . 6. All notice or other communication with regard to this 8 claim should be sent to RONALD K. MULLIN, POST OFFICE BOX 396 , 9 CONCORD, CALIFORNIA 94522 . 10 11 DATED: o c �-QL A-, 12 RONALD K. MULLIN, Attorney for Petitioner 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40YAL, MULLIN & SLUIS -2- A 2-A PROFESSIONAL LAW CORPORATION MOYAL BUILDING 1898 CLAYTON ROAD CONCORD,CA 94520 • r Y VERIFICATION (Standard) CCP 446, 2015.5 1 I declare that- 2 ! am the ...Petitioner ... in the above entitled action; I hove read the foregoing 3 CLAIM FOR DAMAGES SUSTAINED ................................................................................. .... .................................................................................................................. 4 and know the contents thereof; the some is true of my own knowledge, except as to those matters which aro therein stated 5 upon my information or belief, and as to those matters I believe it to be true. 6 7 1 declare under penalty of perjury that the foregoing is true and correct and that this verification was executed on 8 December 10, 19$6 Concord ...................................................................................... at ..................................................................................................... California. IDATO (PLACE) 9 -r � 10 JENNIFER LARGE yt �, !�: �� .................................................................................................... (TYPE OR PRINT NAME) / SIGH 11 'f l 12 PROOF OF SERVICE BY MAIL — CCP 101300 2015.5 13 1 declare that: 14 1 am (a resident of/employed in) the county of................................... ................... California. ............................................................ COUNTY WHERE MAILJNG OCCURRED) 15 1 am over the age of eighteen years and not a party to the within cause; my (business/residence) address is:....................... 16 »..................................................................................................................................................................................................................................... 17 On.................................« ..........., I served the within ..................................................................................................... fa;rEi•. 18 ...............................................................................................................on the........................................................................«............................... 19 in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid,in the 20 United States mail at ................................................................................................................................................... addressed as follows: 21 22 23 1 declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on 24 .............................................iDATp............................................, at ...............................................iviwco...........................................», California. 25 26 ........................................(TYPE�OR PRINT NAME)..........................».....«.« SIGNATURE ATTORNEYS PRINTING SUPPLY FORM NO. 18-S 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 10, 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: $500, 000- 00 Section 913 and 915.4. Please note all "Warnl4z"Ity Counsj! CLAIMANT: EDWIN 0. DE SILVA AND/OR OLIVER DE SILVA, INC . t 1957 P. O. Box 4437 ATTORNEY: Hayward, CA 94540-4437 i':? rt. , Date received ADDRESS: BY DELIVERY TO CLERK ON February 13 , 1987 hand del . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. BbP IL BATCHELOR, Clerk DATED: February 17 , 1987 : Deputy L. Hall II. FROM: County Counsel T0: Clerk of the Board of Supervisors�� (x) This claim complie5 substan Tally w�Sections 910 and 910UI .,2. �J2 CC.•�� _ ( ) This�aimFAIL comply substantial) ith ctions 910 an 10.2, a we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). (x ) `Claimis n timely filed. T e Cle should return claim on ground Ut it was filed late�/3nd send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �� � BY:� y 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. ( X) 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 10 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 1 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 1 1 1g87 BY: PHIL BATCHELOR by i Deputy Clerk CC: County Counsel County Administrator CLAIM FOR DAMAGES Board of Supervisors HAND DELIVERED County Clerk County of Contra Costa 805 Las Juntas Martinez , CA 94553 �'r-�' Claimant: Edwin 0. De Silva and/or Oliver de Silva, Inc. s .� ��R � 49 � P.O. Box 4437 Hayward, CA 94540-4437 o This is to serve notice that Edwin 0. De Silva and/or Oliver de Silva, Inc. ( "Claimant" ) claims damages legally caused by the County of Contra Costa, acting by and through its agents and employees , in an amount as yet unascertained , but estimated to be in excess of Five Hundred Thousand Dollars ( $500, 000 ) . The damages were sustained by claimant by reason of the following : Claimant owns certain real property within the County of Contra Costa, City of Orinda ( "Property" ) . On or abouta March 10, 1986 a land slide occurred which damaged claimant 's property. The occurences which give rise to the claim are that subjacent supports of claimant 's real property has been -lost due to improper construction and maintenance of the public roadway known as Diablo View Drive, Orinda, California. A more detailed description of the facts and occurences contained in geotechnical engineer report prepared by Hallenbeck and Associates dated September 4 , 1986 in which report was done for the City of Orinda at the request of Mr. Sinclair and Mr. Hardy (copy attached) . Claimant has been damaged in an amount as yet unascer- tained by estimated to be in excess of Five Hundred Thousand Dollars ( $500, 000 ) . Claimant does not know the names of all the public employees, agents or servants who have performed the aforementioned acts or omissions and caused the aforesaid damages. Dated: February 10, 1987 CLAIMANT By: ZIEGLER & WILLCOXON, a Law Corporation Iluk (V� Michael Willcoxon, Esq. Its Attorney and Agent STATE OF CALIFORNIA) ) ss . COUNTY OF ALAMEDA ) On this day of February, 1987 before me, a Notary public, duly commissioned and sworn, personally appeared Michael Willcoxon, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney and Agent of the Claimant and acknowledged that he executed the within instrument on behalf of the Claimant therein named as its Attorney and Agent . IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of Alameda on the date set forth above in this certificate . Nta&y Public i MICHAEL WILLCOXON LAWYER 1330 BROADWAY,SUITE 1400 ZIEGLER & WILLCOXON OAKLAND,CALIFORNIA 94612 A LAW CORPORATION (415) 452-4342 Hallenb4 &Associates John,}Hallenbeck.Jr. geot6dyiicoliNkwerh9 consUtants Kiyoshi O.Tanamachi 14135 Park Avenue,Emeryvilte.Caldomia 94608 Geottrey Van Uenden 415/655-4152 Curtis N.Jensen Joseph Michelucci Adel G.Kasim.Ph.D. Daniel S.Caldwell Kenneth Hallenbeck September 4, 1986 Director of Business Devetopmem Job No. 4635-5-8605 City of Orinda 26 Orinda Way Orinda, CA 94563 Attention: Tom Sinclair and Paul Hardy Re: Diablo View Orinda, CA Gentlemen: This report presents the results of our study of the subject landslide. The purpose of this study was to develop recommendations for treating the landslide and opening the road and/or stabilizing the slope within which the landslide has occured. The subject landslide is a relatively large slide that occurred in the slope above Diablo View roadway. There is a relatively high steep cutslope adjacent to the inside edge of Diablo View Road. The slide extends well into private property owned by Mr. DeSilva, and the top of the slide appears as a near vertical scarp just below a partially paved driveway that leads into his vacant property. The scarp is approximately 5 feet in height. It appears from our study that this relatively massive landslide moved several feet downslope and then encroached partially into the roadway area.. In addition, a secondary slide occured in the toe portion of the larger slide, and this smaller slide move even farther into the Diablo View roadway and closed the inside lane. We drilled four test borings at the approximate locations shown on Figure 1. Relatively undisturbed samples of the soils and underlying, weathered rocks were extracted from the test borings with a modified California Drive Sampler advanced with a drop hammer weighing 70 lbs. These samples were shipped to our laboratory where unconfined compression strength, moisture content and dry density tests were made to evaluate the engineering characteristics of the encountered soils and rocks. The results of the tests are listed on the logs of the test borings, Figures 3, 4, 5, and 6. 1485 Park Avenue.Emeryville.California 94608 / 3350 West Bayshore.Suite 112, Palo Alto.CA 94303 September 4, 1986 Diablo,View Slide The main slide measures approximately 40 feet in height and is about 30 feet wide. Our borings indicate that the slide is comprised of soft to medium stiff dark gray sandy clay with rock fragments. The slide mass appears to be approximately 8 feet deep and the mass is sliding over the surface of the bedrock. The surface of the bedrock is inclined at approximately the same inclination as the natural slope. It also appears that the rock beds which consist principally of alternating claystones, siltstones and sandstones are also inclined at about the inclination of the natural slope. CONCLUSIONS & RECOMMENDATIONS Most of the subject landslide is located within private property., This slide would be relatively expensive to repair permanently. At the present time it does not appear to impose immediate danger to any structures because the property above the slide is vacant. However, additional movement of soil would be anticipated during future winters. Some additional encroachment uphill would also be expected during future winters.There is a home slightly above and to the right of the slide area belonging to Mr. and Mrs. Jarrad. This home seems to be safely away from the slide area proper. There appear to be two basic ways of affecting a permanent repair. These ways are discussed below for informational purposes only since it does not appear economically feasible to undertake a permanent repair in the near future. One method of repairing the slide would be to construct a very heavy retaining wall along the line of the cut slope parallel to Diable View Road. This wall would have to be constructed on deep drilled pier foundations designed either to cantelever from the bedrock underlieing the road way or to be connected to tie- backs drilled back into the bedrock beneath the DeSilva property. Very roughly, retaining walls of this type cost somewhere between $700 and $1000 per linear foot. This in addition to other costs could equate to something of the order of $200,000 . In addition, another retaining wall might be required on the DeSilva property to stablize the near vertical scarp that has occurred. The cost of this wall is not necessarily included in the above estimate. The other method of repairing the slide that would appear feasible would be to regrade the entire slide area and to rebuild the slope with engineered fill. In this case the slide mass would be excavated and stockpiled. The excavation would extend into the rock below the slide plane at the bottom of the slide mass. Subsurface drains would then be installed, and the excavation could be backfilled with the stockpiled material placed in the accordance with the specifications for engineered fill. The engineer fill would be placed in thin lifts and each lift would be compacted until adequate density was achieved. The slope would then be constructed to match the adjacent terrain. It might be necessary to construct a small wall at the base of the slope to replace the steep 2 Hallenbeck&Associates 9wtedv iod erKjW*eri^9 oormkwts S.eptembe� 4, 1986 Diablo View Slide cut slope. However this wall would not be as expensive as the major wall mentioned above. This treatment would cause removal of all trees and vegetation, and the finished slope would have to be replanted with some type of ground cover. In our opinion it would be reasonable just to excavate the material from the road way, and to lay the exposed slide material back at an inclination of approximately 2 horizonal to 1 vertical. While this treatment will not stablize the slide,condition in any manor, it would open the road way at least temporary until next winter. We would anticipate that future movements would occur both locally in the resulting cut slope and perhaps throughout the entire slide mass, depending upon the intensity of the future winter rains. However, in our opinion the additional movement will not result in major additional economic loss. It would appear that the risk associated with leaving the road partially closed would be consideralbly more dangerous and with considerably greater financial consequence. Because the. base of the slidehas a more or less uniform inclination as opposed to being circular as are some classic slides, the removal of material from the base of the slide will have somewhat less impact on destabalizing the hillside. Also, additional movement of the slide would be expected whether or not the material is removed from the road way. Once the slide material is removed the road pavement can be patched with an asphalt overlay as necessary. Complete repaving would not be recommended at this time because additional slide movement can be expected. It should be pointed out that some areas adjacent to the exsisting slide also appear to be somewhat unstable. Soil movement in these areas may also occur in the future. Theseareas are, however, outside the limits of the landslide discussed in this letter. LIMITATIONS The conclusions and opinions in this report are based on the test borings that were made on the site, spaced as shown on the site plan, Figure 1. While in our opinion these borings adequately disclose the soil conditions across the site, the possibility exists that anomalies or changes in the soil conditions which were not discovered by this investigation could occur between borings. Should such items be discovered during construction, our office should be notified immediately so that any necessary supplemental recommendations can be made. This study was not intended to disclose the locations of any existing utilities, septic tanks, leaching fields, or other buried structures. The contractor or other people working on the project should locate these items, if any. 3 Hollenbeck&Associotes geowdvkd enoraering c«,safo,n September 4, 1986 Diablo View Slide The opinions expressed in this report are opinions only and should not be constructed to be any type of guarantee or insurance. This report assumes that we will be retained to inspect the grading and construction work. Very truly yours, HALLENBECK & ASSOCIATES dohn J. Ha enbeck Jr. 4 Hallenbeck&Associates gearecfxkd enghee*g ao utftm 00 - � o q) N 44 � 4! P4 ac ci cd to H u v rn a H to u cd X .. x° a en E4 ouo co E°4, a°4 a � cn 3 to 41 cc A E+0 co A 4! H u a6A x� u co U � \ IW � A H a �o a roc w H H H rn > 0 a H A 4635-5-8605 HALLENBECK do ASSOCIATES FiVre 1 d a w 10, IA d rA rA w P a 7. CQ P ar ' N W O N u' 2 HALLENBECK & 4635_5-B605 �"' PFt JtCT Diablo View Road Slide - Orinda, CA 1 Z. . DATE OF BORING June 11, 1986 S A M P L E S TYPE OF BORING 3" Auger M SURFACE ELEVATION �_ K W_o = alc W °4 Q►' z l� OTHER HAMMER WEIGHT 70/30" DropW+ mW }� s � TEMDESCRIPTION OF MATERIALS: C a a O 8 s i b Soft to medium stiff moist . brown. silty clay Slide mass 1) 2" 4 83 32 688 5 Dense grey-brown claystone with bed of sandstone 2) 2" 30/5" 94 26 4400 Drilling refusal Bottom of Boring 10 15 20 25 30 635-_%_ 860 HALLENBECK & ASSOCIATES FIGURE: 5 BORING Slo: y .Y.'.. .. PROJECT Diablo Viev Road Slide - Orinda, CA 2 DATE OF BORING June 11 , 1986 S A M P L E S, TYPE OF BORING 3" Auger Z" SURFACE ELEVATION I a yy „�at _y0y OTHER Z �W 1~i. Z14 Cz U.Q HAMMER WEIGHT 70 /30" Drog a W Y a ? 88 a TEtTs DESCRIPTION OF MATERIALS: ° c Medium stiff dark brown silty clay Slide mass 1)2" 5 Stiff tan brown sandy clay 2)2" 8 89 30 2060 5 3)2" 10 94 25 5710 Slide mass 4)2" 38 Dense light grey siltstone 10 _ Bottom of Boring 15 20 ._ 2S 30 4635-5-860 HALLENBECK & ASSOCIATES FIGURE: 4 PROJECT Diablo View Road Slide - Orinda, CA 3 : DATE OFBORING June 11, 1986 S A M P L- E S , TYPE OF BORING 3" Auger M SURFACE ELEVATION ye W QIt I W , E a� OTHER : HAMMER WEIGHT 70/30" Drop o� o ?_� icW TEtTi DESCRIPTION OF MATERIALS: W.12-11 Medium stiff dark brown silty clay Slide mass 1)2" 5 80 31 - 5 Medium stiff light orange-brown silty clay with fragments of sandstone 2)2" 11 85 28 1140 Slide mass Dense light brown badly weathered claystone with sandstone 10 3)2" 26/6" 88 29 — interbeds 4)2" 30/6" 94 26 13360 Dense brown weathered claystone _ with sandstone interbeds 15 — Dense light grey sandstone Bottom of Boring 20 25 30 4635-5-860 HALLENBECK b ASSOCIATES FIGURE: 5 DOMINO NO: P' ROECT Diablo View Road Slide - Orinda, CA 4 DATE OF BORING June 11 , 1986 S A M P L E S , TYPE OF BORING 3" Auger " SURFACE ELEVATION >R W oIL Z i� OTHER U. HAMMERWEIGHT 70/30" Drop z mu~i °6 � zaz TESTS 8 DESCRIPTION OF MATERIALS: ° 20 m o 8 Asphalt and base rock Medium stiff tan brown silty clay Dense light brown and grey weathered sandstone 1)2" 25/5" 105 20 4800 5 Bottom of Boring 10 _ 15 — 20 25 30 4635-5-860 HALLEN13ECK & ASSOCIATES FIGURE: 6