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HomeMy WebLinkAboutMINUTES - 07141987 - 1.18 A CLAIM 1 , BOARD OF SUPERVISORS DF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Beard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 14, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings" Cru,qty Counsel CLAIMANT: PATRICK O' BRIEN 1987 c/o Donald W. Curran JUN 17 ATTORNEY: Curran & Alschuler 166 Santa Clara Avenue Date received IV!arUnez, CA 94%`'� ADDRESS: Oakland, CA 94610 BY DELIVERY TO CLERK ON 'June 15 , 1987 BY MAIL POSTMARKED: ,June 12 , 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 17, 1987 IVIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (\A 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: ` 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 (J�) This Claim is rejected in full. ( �) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUL 14 1987 PHIL BATCHELOR, Clerk, ByfL 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: JUL 15 1987 BY: PHIL BATCHELOR by WDeputy Clerk CC: County Counsel County Administrator i - , CURRAN & ALSCHULER DONALD W. CURRAN A PROFESSIONAL CORPORATION GEORGE A. ALSCHULER ATTORNEYS 166 SANTA CLARA AVENUE OAKLAND. CALIFORNIA 94610 _ (415) 653.7207 June 12 , 1987 C� r E t JUN 1-1987 Board of Supervisors of the County of Contra Costa AT OR 651 Pine Street Martinez, CA 94553 . aw ' Ity Re: Claim For Emotional Distress, Property and Exemplary Damages. Gentlemen: This office represents Patrick O'Brien of 3 Juniper Drive, Lafayette. Juniper Drive is above a cut slope which is the subject of a freeway maintenance agreement dated June 30 , 1959 , between the County of Conta Costa and the State of California wherein the County agreed to accept control and maintenance of frontage roads and relocated and reconstructed County roads upon relinquishment by the State of California. The minor subdivision within which 3 Juniper Drive is located was in 1970 constructed with the participation of the County in its design, planning and ultimate approval. On April 17 , 1984 , the Public Works Department of the County of Contra Costa, J. Michael Wolford, Public Works Director, by Maurice M. Shiu, through Michael L. Hollings- worth, demanded of Mr. O'Brien that he remove from Hidden Valley Road, which is the subject of the agreement of 1953 , slide debris emanating from a cut slope made by the State of California to accommodate relocation of Hidden 'Valley Road. We have determined that the County of Contra Costa at the time it entered into the agreement with the .State .af..:California knew that the State Division of Highways, then, did not attempt to engineer-out all slope problems at the time of highway construction. The State and the County found it to be less costly to budget a contingency fund to make repairs as needed. Calculated as a percentage of the construction budget, the contingency varies depending on the known slope failure-proneness around specific sections of highway, and may be as much as thirty percent. The precise amount assigned to slope repair on Highway 24 from the Caldecott Tunnel east. to Walnut Creek, where Board of Supervisors of the '`County of Contra Costa June 12 , 1987 Page 2 . slope failure is a persistent problem, was not known to the County but was estimated to be ten to fifteen percent of construction costs. (Safety Element, 1975 , Contra Costa County General Plan. ) My client is aware of the fact that local agencies have a mandatory responsibility under the Subdivision Map Act to provide for orderly community development, facilitate local regulation of the design of improvements of sub- divisions, insure the compatability of design to surround- ing land and above all to prevent fraud and exploitation of the public and purchasers of parcels. In spite of the legislative mandate and knowledge of the cost benefit approach taken by the State in connection with the relocation of Hidden Valley Road, you and each of you have authorized the Director of Public Works and his staff to sue our client for a preliminary and permanent injunction compelling him to stabilize the slope and soils adjacent to Hidden Valley Road which was the subject of the 1953 agree- ment and work done by the State of California to relocate Hidden Valley Road to accommodate Highway 24 . Mr. O'Brien, now knowing that the slope below his home was not engineered, that the County knew that such was the case when it participated in the design and approval process of the subdivision, and that the County now asserts that the environment created by it is asserted to be the problem of the individual landowner, has caused Mr. O'Brien great emotional distress and he is convinced that the policy of the Board of Supervisors is such to utilize its over- whelming power and authority to deprive him and other property owners similarly situated of his constitutionally guaranteed rights to own and enjoy property while governing bodies aggrandize themselves in more high profile problems for their political benefit. Mr. O'Brien believes you should know better. Very truly yours, CURRA /& ALSCHUL , A Pr fIessiona1 o io c " Donald W. Curran DWC:FM cc--To All Attorneys. CLAIM /.IT 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 July 14, 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: $350. 00 Section 913 and 915.4. Please note all "W ", Counsel CLAIMANT: RICKY GONSALES 3028 San Mateo J Ufa 17 1987 ATTORNEY: E1 Cerrito, CA 94.530hJ lrflnez 1 Date received � CA J455;, ADDRESS: BY DELIVERY TO CLERK ON June 15 , 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. June. 17 , 1987 QQ BaIL BATCHtELOR, Clerk DATED: : Depu y L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 6411, , � BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUL 14 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 ab e. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator MOARD .DF .SUPERVISORS OF-CONTRA . t.. - 'app3ication to: i w •3nstzucti.ans -to 'Cla imantCterk of the Board .-O.Box 9tt Martinez,Catifornia%553 A. Claims relating to causes 'of action .for death or for injury to person or to -personal property or growing crops must be presented, .not later than the 100th day after the .accrual of .the cause of .. - ._action:• -'Claims relating to any:other -cause of-action must be presented -not later than one year -after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine -Street, Martinez, California 94553. C. Ificlaim is against a district governed by the Board of Supervisors, rather than the County, the name of the District=should be filled in. " Z. 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. �r�,�*err,�t*#,�,trr***�e,�,►****,r:,�*�*�******,errwfw�r**rr�***�r:*�r,rrr,t��r�r*:*sir*,t***:�* RE: ' Claim by )Reserved 'c'ss-fil�ing stamps Ricky Gonsales j�'r�1t jVriD ©.� N2118212 } Against the COUNTY OF CONTRA COSTA) JUN LIA5,"i987 or DISTRICT) (Fill In name ) The undersigned claimant hereby makes claim against the County of Contra Costa or, the above-named District in the sum of $_ ��_ �� . and in support of this claim represents as follows: When did the damage or`In3ury occur? (Give exact date an-d hour May 14; 1987 1130pm 1130am �:"w�i`ere�id`t�ie damage c=injury occur?`-(Includ`e city and"county;"" Contra CostDCDanlZ_DeteTtion_facility__�_� _iTi�s_�_���1�,� 3. How did the damageage or In3ury occur? (Give ZuII`d`eta , use extra sheets if required) When�property was�transferedTfromiEl_Cerrit�MP_ D_t s r��. Tag to y o r baF 4. What particular act or emission on the part of county or district officers, servants or employees caused the injury or damage? Detention Facility needs to pay more attention to . the smaller,.-Atems in proprty bags. (over) are the names of county or district officers, servants or employees causing the damage or injury? See attached Prooert -RecMe r-.r.r_-__NN b. What namage l ornuries $o you claim resulted? ZGive X11 extent oof injuries oi damages claimed. - Attach two estimates for auto The lose of a diamond screw .back earing. .._.._r_. mond belonged to_m7i ife.*6ss_a_10th year annivversary gift;�N r-r ?. Sow was the-amount claimed above computed? Zlnclude the estimates amount of any prospective injury or damage.) _ By pricina._a_diamaftdrofrea zal value_in size. Names and add-re-sses of witnesses, doctors and hospitals. The officer who booked me in El Cerrito. Officer Savine #39 ' --r-T-----..r------.,---------err---_ ----r------rrrT�_r_.rrr-r_rNrrT-Trrr_ List the expenditures you made on account of this accident or 2.n3ury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by-some rson on his behalf." Name and 'Address of Attorney a ant s Signature 3O 3 San Mateo __. Address E1 Cerrito Ca . 9450 Telephone No. Telephone No. 41P 526-841 Work No, 415 232-35b3� NOTICE Section 72 of the Penal Code provides: "Every4,person who, with intent to defraudr presents forallowance- 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.' •V,-7 .. e PROPERTYIP EL CERRITO POLICE DEPARTMENT . • ( Arrest No.^ r Tima__� Date RECEIVED from �i✓SCf �GS i G1000, dtEl Cerrito City Jail the following articles: -11000, V O Cash S /Q•' Checks s Knife__rL : Keys= v Pen Letteas watch Belf 4 ' fHat Glasses- Purse Wallet L Y Bank Book Rings coats.. Pencil Check Book,` Cigarette Lighter> Necklace Misc:.Popers -• AT ' I. �rres�teOfficers r/ -r The above described articles are correct .00 :InlWe Signature.. EI Cerrito, Colifdrnio 19 Received the above described articles: #-.1— Signed f Signed Released by V. Telephone calls:' +r It To' No. Date. Time III` Z. To Pfd. t Date { Time This is to certify. that I was.'allowed to.make the dbove�calis aP Ithe,time.and date-noted. • Inmate Signature t' t • r r CONTRA COSTA COUNTY DETENTION FACILITY PROPERTY RECEIPT M.,: EX REC—N0: 1:07169 BJ: 0 DATE:. 05/15/87 WF: 0 TIME: 0301 NAME (L,F,M): GONSALES - RICKY BOOKING NBR: 870113811 .: DC)�..:. '-'l:2rt /"54 VALUABLES f CASH: $ 8 70. 00 : >. N(islr�� 1 0►a,�°wd —)JEWELRY: Y DESC: 1YM CHAIN; IWM. BRACELET:<= Scrt�G•cl� ca��^� WATCH: Y 'DESC: CITIZEN WALLET: Y BLK KEYS: 14 GLASSES: N . LIGHTER: Y DISPO'SABLE KNIFE: Y SRO ` OTHER: IYM MONEYCLIP; 'lYM TIE CLIP; ..i COMB; 1 BELT; MISC PAPER INTAKE 8KG OFC = INRm ADMINISTRATION VERIFICATION: YES ❑ NO ❑ • PROPERTY BOX ASSIGNED: RELEASE REL OFC: DATE:.! RECEIVED ALL PROPERTY INMATE 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 July 14, 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 "Warnings". County Cou;lsei CLAIMANT: MR. AND MRS. DAVID MICHAEL 3908 Rockford Drive JUN 17 1987 ATTORNEY: Antioch, CA 94.509 Date received Mcl rt9t;E7� C ".LLii�r,,,, , ADDRESS: BY DELIVERY TO CLERK ON June 17, 1987 Mand` `fl IEE" 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. June 15, 1987 PpHHIL BATCHELOR, Clerk DATED: 811: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. (` )� This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: I BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (�) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUL 14 1QR7 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: JUL 15 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator AMENDEDLl �90� N �1 Claimants In re ) NOTICE OF COUNTY CLAIM Mr . and Mrs . DAVID MICHAEL , ) Claimaints . ) Mr . and Mrs . DAVID MICHAEL , on their own behalf as Claimants , hereby present this claim to the County of Contra Costa pursuant to §910 of the California Government Code . 1 . The name and address of the Claimants is as follows : Mr . and Mrs . DAVID MICHAEL , 3908 Rockford Drive, Antioch , California 94509 . 2 . The Claimants purchased a house at the above-referenced address which they have now discovered to be located in a geolo- gically unsafe area . Due to the County ' s egligence in drafting and/or enforcing zoning and building code restrictions , the County allowed construction of this home in a known geologically unsafe area . Claimants allege that they are damaged in an amount not less than $500, 000. 00 as a direct result of the County ' s negligence . 3. Claimants allege that the County is responsible for the Claimant ' s damages and therefore the Claimants present this Claim for $500, 000. 00. r t Dated : Vrr . DAVID MICHAEL Dated : (�-(C,P %.4, -eet Mrs . DAWID MICHAEL Reply to Insufficiency and/or non-acceptance of claim. #3. Beginning on or about July 9, 1986 to present. #5. Damages including, but not limited to: 1. House purchase price 2. Financing charges 3. Relocation 4. Mental, physical, and emotional stress 5. Legal fees NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM i TO: Mr. and Mrs. David Michael 3908 Rockford Drive Antioch CA 94509 Re: Claim of MR AND MRS. DAVID MICHAEL Please ;ake Notice as follows: The claim you Presented against the County of Contra Costa or 'Di3tfict governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910 .2 , or is otherwise insufficent for the reasons checked below: 1. The claim fails to state the name and post office address of the claimaint. 2 . The claim fails to state the post office address to .-which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name (s) of the public employee (s) causing the injury, damage, or loss, if known. X 5. The claim fails to state the amount claimed as of the date of presentation, the estimated amount of any ;prospective injury, damage, or loss so far as known, or the basis of computation of the amount claimed. 6 . The claim is not signed by the claimant or by some person on .his behalf. 7 . Other: VICMR J. WFSTMAN, County Counsel By. Ueput County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. 5§1012, 1013a, 2015. 5; Evid.C. §§641 , 664) My business address is the County Counsel' s Office of Contra Costa County, Co.Admin.Bldg. , P.O. Box 69, Martinez, California 94553, and I am a citizen of the United Siates, over 18 years of age, employed in Contra Costa County., and not a party to this action. I served a true cony of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing it in an envelope (s) addressed as shown above (which is/are place (s) having delivery service by U.S. Mail) , which envelope (s) wa:� then sealad and postage fully prepaid thereon, and thereafter was, on ithis day depo!-,ited in the U.S. Mail at Martinez/Concord , Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated : 0. ,Val at ?Martinez, California. cc: Clerk of. ttae Board of Supervisor (original) Risk Management (NOTICE OF INtii;FFICICNCY OF CLAIM: GOVT. C. 55910, 910.2 , 910. 4 , 910. 8) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA r Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 14, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100,000. 00 Section 913 and 915.4. Please note all "W nings". CrCunty Counsel CLAIMANT:TERESA MORGAN 4352 Via Dora Drive JUN 171987 ATTORNEY:Antioch, CA 94509 Date received y)a i tinez, CSA 0X553 ADDRESS: BY DELIVERY TO CLERK ON June 15 , 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. GATED: June 17, 1987 IdIL ELOR, Clerk gATCH: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) 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: &ezq-- Deputy County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUL 14 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 1 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: JUL 15 19y BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator TO: CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes ofaction for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of_ the cause of action---, Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. , 911. 2 , Govt. Code) B. Claims must be filed with the' Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by TERESA PIWIAN ) Rese �es� i�; ing stamps ' RECEIVED ' d JUN 16'1987 Against the COUNTY OF CONTRA COSTA) 9: 30 4.M . cL tHa �,,�,, or DISTRICT) 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 $ 100,000.00 and in support of this claim represents as follows: ---------------------------------------------=--------------------- ---- Marchdid the damage or injury occur? (Give exact date and hour March 12, 1937,. at approximately 1:15 p.m. -----------T------------------------------------------------------------ occur? ------------------ occur? (Include city and county) Floyd I. Marchus Center, Vocational Assessment Center, 2900 Avon Avenue, Concord, Contra Costa County, California 94520. ---------------------------------------------------- 3. How did the damage or injury occur? (Give full details, use extra sheets if required) Plaintiff was informed by the school nurse that her son Joshua bad been badly burned as a result of hot coffee spilling on him at the school. She innediately went to the school and observed his burns. Her son was in great pain and totally emotionally distraught. See Exhibits A, B, and C attached hereto and incorporated herein'by reference. ------------------------------------------------------------------------ 4. What particular act or omission o.n the part of county or district , officers , servants or employees caused the injury or damage? Carelessly and negligently placing a dangerous object, i-.e. , a coffee pot full of hot coffee in a County classroom with seriously disabled children in a location where it was accessible to the children; failure to adequately staff the classroom, and lack of adequate and -proper supervision. (over) 5., What are the names', of county or district officers,, aiervants_,vr-a ;t_;j7e.= f I employees causing ,the damage or injury? MP Barbara Pogue, Dana Linsley, Debbie Haagensen, and possibly others whose names and identities are unknowm at this time. ---- ---------------------------------------------------- ;_._ _FAR_ai_aa_m_a__g_e or injuries do you "claim resulted. - {Give full extent of injuries or damages claimed. Attach two estimates for auto damage *-'As a direct, and proximate result of Defendant's negligence, Plaintiff Teresa Morgan suffered' mental distress, mental suffering and mental _ an atanguish,wshre yw.aovs frightened, horrified, grief-stricken, g , Qu= skkn a";=ni6&s.JQ s_crLZiU er . 7. How was the amount_c1a1;ea_;S�V; computed? Include the estimated amount of any prospective injury or damage. ) $100,000 for Plaintiff's shock and emotional distress. -------------- hospitals.8. Names and addresses of witnesses, doctors and See "Attachment." �-.--.f,Tl-SE-EE-e--ei-pg-na-ii-ur-e-s--y-o-u--m-a-d-e--o-n--a-c-c-b-u-n-t--o-f--t-h-i-s--a-c-c-i-de--n-t--or---in-Jury: DATE ITEM AMOUNT See "Attachment." Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney)' - : or JDy some person on his behalf. " Name and Address of Attorney THIS CIAM IS F= IN PRDPRIA PERSCM -Claimanle's' Sign attre .4352 Via Dora Drive. Address Antioch, CA 94509 Telephone No. Telephone No. (415) 778-9469 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, townl* 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. " ATTACHMENT TO CLAIM OF TERESA MORGAN ANSWER TO NO. 8: Doctor- James A. Basile , Plastic and Reconstructive Surgery, 3803 Lone Tree Way, Suite 210, Antioch, CA 94509 Doctor Scott Fackrell/Dr. Jim Gay, Buchanan Road Medical Group , 2339 Buchanan Road, Antioch, CA 94509 Employees at the Floyd I . Marchus- Center , Vocational Assessment Center , 2900 Avon Avenue, Concord, CA 94520: Virginia Roessl , RN Barbara Pogue Debbie Haagensen Dana Linsley Maureen (Student Nurse) ANSWER TO NO. 9: 3/14/87 - $60 to Dr. Basile 5/08/87 - $50 to Dr. Basile 3/12/87 - $25 to' Dr. Fackrell 3/14/87 - $50 to Dr. Fackrell 5/21/87 - $15 to Buchanan Medical Group (Special Report ) 6/04/87 - $40 cost advanced by attorney for photos 6/08/87 - $150 cost advanced by attorney for Dr. Basile ' s medical report CYL.,,-RA COSTA COUNTY OFFICE OF EDUCL '•.O,ti Ronald L. Stewar`., Superintendent Pleasant Hii! , California REPORT OE' ACCIDENT Pupi 1's Name G' Lf—/�� rolct r� Boy : k-*'Gi r 1 Age_ Name and Address o€ Parent or Guardian �'4� (��`� �or�c� 1 �7G� u Telephone _'"] 78 '" l 6 '7 7 55549' Name of School—ILrcil U Ec o o e) �,o i'7 cD nC:1 Date Reported 3 Place Where Accident Occurred 0-1a-,-Sroo Date of Injury 3 f/ A /F- Time of Injury Cause of Injury and How it Occurred'* �►'1� �C.� L�-��,�ec� �iLlbeS Q�rr1s�- 1JQ. � �li/�7�o�c,� Gct7 oYj ��, Names of Witnesses NATURE & LOCATION OF INJURY: What was done for injured? Abrasion D �r d 7L 74e, Ce G 1S , AdT4071 1Dk-a (scraped wound !. Contusion ✓G 7 X74 (bruised wound) er eA!(C4, 9,- !mac tweec1 74-0 /4t-/,--r- 3. Laceration ATTENDING PHYSICIAN: �'(� •f-� G(0c,7LO k- (torn wound L. Incurred Wound Name (clean cut) i. Strain or Sprain Address 5. Dislocation Telephone 7. Fracture Name &Address of Hospital: B. Internal Injury 4# 13 "r r7 -Shou l de �h s�- NOTIFICATION TO PAMNT &ARDI 1. Time f : CIO ./- S-- 2. How Notified? 1G Qhon L Who Furnished Facts of Injury? 1 What Method? 4. Who Notified Parent? SQrba#,a , Da-474 fi'ps/eu ,f�e,b6�c CTCL crGG�Scr� . U�r ,as cc: Assistant Superintendent, Bus Svcs Program Administrator Program Administrator Original in Student Cumulative .File �� ^v t�J %Iw— Business Office A 1 / ������� -�-�� /� � C,//,, Sta Me�-�r Sa FLOYD I . HARCHUS CENTER Vocational Assessment CentF`. 29CO Avon Avenue Concord, CA. . 94520 (415) 798-7466 March 12, 1987 To Whom It May Concern: At approximately 1 :00 p.m. today, I was called to Barbara Pogue's classroom to check on an injured student. When I arrived there, I found Joshua Morgan on the floor crying, writhing about, and apparently in a great deal of discomfort. It was reported by the classroom staff that Joshua had had hot coffee accidentally spilled on him when he was attempting to reach up for another object from an overhead shelf. He appeared to have first degree burns on his upper chest and shoulders and neck, with the possibility of some second degree. The staff had immediately applied cool wet towels to the areas, although with great diffirulty, as Joshua was struggling so, and fighting them off. I spoke with the mother on the phone and told- her we would take Joshua to the hospital . She told me that she had no medical insurance, and we were not to take him to the hospital . I told her that JoshuA`would have 'to have med7ral attention. She said she would come get him and take him to the doctor. She also said she was very upset that this could have happened at school . When Mrs. Morgan arrived at school (at approximately 1 :30 p.m. ), she appeared very upset and angry. I told her I would accompany her to the hospital : but she said she did not want anyone to go with her. I made two more attempts at this, and told her I was afraid she would have difficulty managing him by herself, but she .refused my offer. Virginia Roessl , RN School Nurse j f Mini 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 July 14, 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 "WarninRQ4nty C CLAIMANT:JOSHUA MORGAN, A MINOR, BY AND THROUGH HIS PARENTS:,? TERESA Mog%N, % jg AND DENNIS MORGAN b'� ATTORNEY: c/o Gilbert - Stansbury, Esq. , 1011 "A" Street Date received Q4 ADDRESS: Antioch, CA 94509 BY DELIVERY TO CLERK ON June 15 , 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. June 17 , 1987 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUL 14 1987 �/ Dated: PHIL BATCHELOR, Clerk, By �C�__--' Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may-seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order an Notice to Claimant, addressed to the claimant as shown above. Dated: JUL 1 5 1981 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator / = CONTRA COSTA COUNTY CI;AIM' TO: Instructions to Claimant A.. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year .after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, CA) ._ C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim- by JOSHUA MORON, a Minor, By ) Reserved for Clerk' s filli stamps and Through his parents, TERESA MJRGAN ; RECEIVED and DENNIS MQRGAN ) ) JU s 1987 Against the COUNTY OF CONTRA COSTA) ) MIL M or DISTRICT) tomo �Co. (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 250 000.00 and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or i.njury occur? (Give exact date and hour) March 12, 1987, at approximately 12:50 p.m. ---- -T------ ----------------- -------- -------- -------------------- 2. Where------did the damage or injury occur? (Include-city and county) Floyd I. Marchus Center, Vocational Assessment Center, 2900 Avon Avenue, Concord, Contra Costa County, California 94520. -- - - - - - - - -- - - -- --- --- ------ -- ------ ------ ----- ---- --- - - ----- --- ----- --H -- 3. ow did the damage or injury occur? (Give full details, use extra sheets if required)See March 12, 1987, Contra Costa County Office of Education's Report of Accident (Exhibit A) and March 12, 1987, memo from Virginia Roessl, RN (Exhibit B) , both of which are attached hereto and incorporated herein by reference. ------------------------------------------------------------------------ 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? Carelessly and negligently placing a dangerous object, i.e. , a coffee pot full of hot coffee in a County classroom with seriously disabled children in a location where it was accessible to the children; failure to adequately staff the classroom, and lack of adequate and proper supervision. (over) 5. What are the names of county or district officers, ...-veirva-ntw;� .1 employees causing the damage or injury? Barbara Pogue, Dana Linsley, Debbie Haagensen and possibly others whose names and identities are unknown at this time. ------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) See "Attachment." -------------- ------------------------------ --- 7. How was the amount-------claimed--------above-----compu------ted? (Include the estimated amount of any prospective injury or damage. ) See "Attachment." 8.-- N-----ames------and---addresses----------of-wit----ness-- e--s,---------doctors-----and-------hospitals----.------------- See "Attachment." ----------------------------------------- es you made on account of this accident or in ury. ���A ITEM AMOUNT •., lee Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or b some person on his behalf. " Name and Address of Attorney GILBr�tT STANSBURY, ESQ. C ip i i s S i n r 1011 "A" Street Q /L �2GLL�a, Antioch, CA 94509 Claimant s i e 4352 Via Dora Drive, Antioch, CA 94509 Address Telephone No. (415) 754-8600 Telephone No. (415) 778-9469 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " i ATTACHMENT TO CLAIM OF JOSHUA MORGAN, A MINOR ANSWER TO NO., 6: First and second degree burns on neck, arms , face , and chest ; - emotional -stress , psychological trauma, and residual scarring. See photos of minor ' s burns (Exhibit C) attached hereto and incorproated herein by reference . Minor has Johanson-Blizzard syndrome . See Children' s Hospital ' s January 16, 1986, medical report ; Oregon Health Science's University' s September 14, 1983 , medical report ; and Dr. Gordon H. Smith, s August 29 , 1985 , medical report , all of which are attached hereto as Exhibit D. Minor ' s .claim is for reimbursement of medical expenses , personal injury, and general damages . ANSWER TO NO. 7: Dr. Basille . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $110.00 Dr. Fackrell/Buchanan Medical Group. . . . . . $ 65 .00 Total Special Damages to Date . . . . . .. . . . . . . 511-77-5—.00 General Damages . . . . . . . . . . . . . . . . . . . . . . $249 ,825 -00 TOTAL CLAIM: $250 - 000-00 ANSWER TO NO. 8: Doctor James A. Basile , Plastic and Reconstructive Surgery, , 3803 Lone . Tree Way, Suite 210,' Antioch, CA 94509 Doctor Scott Fackrell/Dr . Jim Gay, Buchanan Road Medical Group , 2339 Buchanan Road, Antioch, CA 94509 'Employees at the Floyd 1 . Marchus Center , Vocational Assessment Center , 2900 Avon Avenue , Concord, CA '94520: Virginia Roessl , RN Barbara Pogue Debbie Haagensen. Dana Linsley Maureen (Student Nurse) ANSWER TO NO. 9: b DATE: 3/14/87 - $60 to Dr. Basile 5/08/81 - $50 to Dr. B&sile 3/12/87 = $25 to Dr. Fackrell 3/14/87 $50 to Dr. Fackrell 5/21/87 $15 to Buchanan Medical Group (Special Report ) 6/04/87 $40 cost advanced by attorney, for photos 6/08/87 $150 cost advanced by attorney for Dr. Basile ' s medical report OL,'-RA ODSTA COUNTY OFFICE OF EDUCT ON Ronald L. Stewart, Superintendent, Pleasant Hill, California REPORT OF ACC I DE!gr Pupil's Name � S �},�,L� c con y� Boy j,,- Girl Age ; Name and Address of Parent or Guardian -h � oq Telephone "7 79 — 167 �_ 9l}.SO`r 1. Name of School -C J� � 'ld2 G��. t o h r 0 a",,j� Date Reported '.Z_ k Place Where Accident Occurred i. Date of Injury �j Time of Injury f'Z ` ,d i. Cause of Injury and How it Occurred 47"' t'� s j�l LC9Aa=02 d1til! d Irt t 6Z e 7. Names of Witnesses ard b, 471-e4e <—f',.7 NATURE & LOCATION OF INJURY: What was done for injured? l� 0ae' -S 1. Abrasion {scraped WOund • 2. Contusion (bruised wound) -her- ct 11 9t- C4 s^r c a j �v 3. Laceration ATTENDING PHYSICIAN: (, .f� V pay a� (tarn wound 4. Incurred Wound Name (clean cut) 5. Strain or Sprain Address 6. Dislocation Telephone 7. Fracture Name & Address of Hospital: 8. Internal Injury • 13 urn--'5'houtgJers ahes* NOTIFICATION TO PARENT G[.IARDIAN 1. Time 4- 2. Haw Notified? =LSc��.ok),j2 ) �, Who Furnished Facts of Injury? 1. What Method? 4. Who Notified Parent?-=aC.A e.r 0arba yQ ! e- , Q"4 UrrQ1 ,41 G .SS cc: Assistant Superintendent, Bus Svcs tProgram, Administrator Program Administrator Original in Student Cumulative File -��.�,&.J �G����.-• Business Office t (Staff Me r FLOYD I . MARCHUS CENTER � Vocational Assessment Cent' ;'?' 2900 Avon Avenue Y , Concord, CA 94520 (415) 798-7466 March 12, 1987 To Whom It May Concern: At approximately 1 :00 p.m. today, I was called to Barbara Pogue's classroom to check on an injured student. When I arrived there, I found Joshua Morgan on the floor crying, writhing about, and apparently in a great deal of discomfort. It was reported by the classroom staff that Joshua had had hot coffee accidentally spilled on him when he was attempting to reach up for another object from an overhead shelf. He appeared to have first degree burns on his upper chest and shoulders and neck, with the possibility of some second degree. The staff had immediately applied cool wet towels to the areas, although with great difficulty, as Joshua was struggling so, and fighting them off. I spoke with the mother on the phone and told her we would take Joshua to the hospital . She told me that she had no medical insurance, and we were not to take him to the hospital . I told her that JoshuA'would have 'to have mediral attention. She said she would come get him and take him to the doctor. She also said she was very upset that this could have happened at school. When Mrs. Morgan arrived at school (at approximately 1 :30 p.m. ), she appeared very upset and angry. I told her I would accompany her to the .hospital' but she said she did not want anyone to go with her. I made two more attempts at this, and told her I was afraid she would have difficulty managing him by herself, but she refused my offer. Virginia Roessl , RN School Nurse 0 EXHIBIT B r,. . c •- -.. .......... C..,hildrC1111;jospit, I January 16, 1986 Name :MORGAN, Joshua Date Seen: 41/15/86 B.D. : 01/23/81 Referring Physician Address: 846 Marie Avenue Dr. Sapunor Martinez, CA 94553 M14: 366033 Phone : 372-6047 DIAGNOSTIC CONSULTATION Joshua Morgan was seen referred by Dr. Sapunor on January 15, 1986. Joshua is- now almost five years of age. Joshua was born when his mother was twenty-five years of age and his father was twenty=six years of age. This was mother' s fifth pregnancy and fourth child born alive. The pregnancy was forty-three weeks long. At birth Joshua was eight pounds. He was recognized to have a number of abnormalities at the time he was born and a diagnosis was not immediately forthcoming. The family history is of considerable interest as affects the immediate generation. Mother had one therapeutic termination in 1972 . In 1975 she had a baby, Shawn, who was born with multiple abnormalities and died on the eighth day of life. His abnormalities included tracheoesophageal fistula with esophageal atresia and imperforate anus and congenital heart abnormalities and vertebral abnormalities. He also had eye abnormalities involving the anterior chamber. No comment is made regarding other abnormalities especially the face. At that time it was believed that Shawn had the VATER Association. The family was given essentially no risk of recurrence. Joshua himself has had surgical correction for his anal atresia. His history and other findings are well known so I will not- dwell further on them. (.1)11.DRt VS H0SN)Al N)F1?)CAi 747 101k Sc,nlxl Sncat O.+l.L: !. CA9-W09 i));�'l•)�'�.;(uuu On physical examination Joshua has a number of unusual findings. He has fine scalp hair that grows slowly and apparently breaks easily. He has significant microcephaly with a head circumference of forty-seven centimeters which is three standard a t ions below the mean. He has a thin nose with not major diminution of the nasal alae but certainly they are diminished as compared to the family constellation. He has micropthal.-mia and opacification of his right eye. He is reported to have so-me dysgenesis of his anterior chamber of his left eye. He has tubes in .place in his ears and there is currently purulent drainage out of his right ear. His teeth appear to be normal. He has a simian crease on his left hand. He has hypospadius and his left testes is not palpable. He has repaired anal atresia. It should also be mentioned that he has a fistula up near his right eye from which nothing drains but there is a tract at that point which is thought to communicate with his nose. Joshua has never been hypothyroid but has had major problems with digestion and requires pancreatic enzymes. The Johansen-Blizzard Syndrome is clear based upon the original report. However, there have been a number of other individuals described with the condition who have at least similar physical findings but do not have mental retardation and several of ,whom who do not have microcephaly. I think that Joshua very much fits the picture of this condition although he does not have the significant hypoplasia 'of the nasal alae. I am strongly suspicious that Shawn who died at eight .days of age may have had the same disorder. Because the reported cases are so different in their clinical manifestations it is hard to make long term predictions about Joshua. However, since he does not have significant congenital heart disease and is now beginning to walk it is less likely that he will have severe respiratory illness. Therefore he certainly would be expected to survive beyond childhood and into adult life. Because he is so profoundly deaf and has never used spoken language he certainly should be in a situation where signing is emphasized. In order for him to develo.,ment the maximum skills for independent living this is an absolute necessity. I think that he should have regular annual examinations and that his eyes should be followed closely for any signs of development of a_laucoma in the left eye. He should have thyroid function studies also done on an annual basis and likewise some rultiphasic biochemical testing to be certain that his liver enzymes remain normal. Since he is doing well on his current diet and pancreatic extract supplementation this should likewise be continued. he are enclosing some articles for the family and look forward to another opportunity to. see Joshua in the future. c-1 Sanford Sherman, M.D. Director Medical Genetics Unit x t1U In O W CL ` 3 ,- r � ~ , ' ra � s 3 Qc 0 • r t,n i �o 1--i.NE OREGON HEALTH SCIENCES UNIVERSITY 3181 SW Som Jocvson Po,:: road Po'lono. Creon 97201 (501? 22:5.855, ReCOrdServices September 14, 1983 RE: MORGAN, Joshua UP: 72-87-47 BD: 1-23-1981 TO WHOM 1T MAY CONCERN: Joshua Morgan is a young man that I have followed for a long period of time in Pediatric Gastroenterology Clinic at OHSU for multiple problems. Be, in addition, has been followed at Cerebral Palsy Clinic at Crippled Childrens Division, Genetics Clinic, and the Pediatric Surgery Service at the OHSU. Joshua is felt to have Johanson-Blizzard syndrome. A similarly affected sibling died prior to Joshua's birth in Los Angeles. There are two normal children in •the family. A brief listing of Joshua's problems follows. Should you require more specific information about any of these problems, please contact us. Problems include: A Peter's anomay of the eye (mesodermal dysplasia) , a right nasal f istula and mild alar hypoplasia, left-sided deafness with moderate hearing loss on the right , malrotated bowel (status post volvulus, transverse colostomy and colostomy take-down, 11-2-82) , hypospadias, imperforate anus (status post sagittorectal plasty, 7-19-83) , status post rectourethral fistula, and a crossed renal ectopia. Joshua also has had chronic diarrhea and was hospitalized at 4 1/2 months in infancy. for this. Multiple small bowel biopsies demonstrated persistent severe villus atrophy with some gradual improvement with treatment. He was treated with total parental nutrition, advanced to an elemental diet, and eventually was empirically placed on pancreatic enzyme therapy as well. Pancreatic insufficiency was confirmed with .pancreatic function testing in 1982 which demonstrated no duodenal trypsin or lipase after stimulation.. His last small bowel biopsy was not entirely normal, however. ­He is .currently on a, regular diet with 3 Pancrease per meal. In addition, Joshua has mild hypotrichosis. Joshua does not have hypothyroidism, which can be part of this 'syndrome. His last thyroid function testing performed here was a T4 of•1.6 and a TSH of 5 on 9-15-83, both of which were well within their normal limits. He has been Cf"d Nutsino 111 'C: u",J�6:si'y nc!;:Wo�._DC�E"Ciecne.' Hospiloi for L,�idr.en. G,pplea Cr,60en s uvision. Denlo4 Clinics RE: M6RGXN, Joshua PAGE 2 followed- by his private pediatrician in 'Portland for most of the last year and therefore the thyroid function tests have not been repeated. Joshua also has delayed development and has been followed for this at the Cerebral Palsy Clinic and has had a number of interventions for this problem. In summary, Joshua has had major problems, but I is now doing quite well. His surgical corrections of his gastrointestinal urinary tract have been completed and except for requiring pancreatic enzyme replacement and extra fat soluble vitamins, he is doing very well. I have suggested to his mother that he would.benefit from seeing a pediatric gastroer;terologist at . least yearly intervals. He will continue to require intervention because of his delayed development. It is of note that this patient was reviewed by Dr. John Opitz on a visit here on 11-29-82, who agreed with the diagnosis of Johanson-Blizzard syndrome. If Jou should require.,any information, please don't hesitate to call. Sincerely, Annie Terry, M.D. - (A53) 225-8650 Associate Professor of Pediatrics AT:jak 9-14-83 cc: Mrs. Terri Morgan 2913 SE 51st St. Portland- OR 97206 ^ , GORDON H. SMITH. M.D. PEDIATRIC OPHTHALMOLOGY AND STRABISMUS 130 LA CASA VIA BUILDING 1. SUITE 205 WALNUT CREEK. CALIFORNIA 94598 TELEPHONE (415) 943-1431 August 29.1 1985 RE: Joshua Morgan Philip Sapunor, M.D. 2121 ygnacio Valley Road jalnut Creek, CA. 94598 Dear Ph-4 -1 , Through the courtesy of your referral, Joshua was seen July 30, for evaluation of his ocular status. The patient is felt to probably have Johanson-Blizzard Syndrome and since his complex medical history is well known to you, I will not recapitulate it here. Examination here showed the following: There is no fixation or following with the right eye, but there is good fixation and following with the left eye. External exam: The palpebral fissure on the right is very narrow secondary to microphthalmic eye. On the left the eye appears somewhat smaller, but certainly larger than on the right. There is evidence of anterior segment dysgenesis on both sides with the right eye the anterior chamber being very flat and some sceral cornea. A detailed examination can not be obtained. in the left eye there is some corneal haze with. apparent strands of iris going to the cornea and a minimal central corneal haze. Further examination could not be performed. I felt that Joshua had anterior segments dysgenesis and ' I feei . that r.;eaningful additional information can be obtained by exam under anesthesia. Mrs. Morgan said that Joshua is seeing Dr. Piepergerdes and would be possibly getting ear tubes. I spoke with Dr. piepergerdes who does not plan ear tubes right at this time, but noted in his records that if he does plan an exam under anesthesia he will let me know and visa versa. I will plan to reevaluate Joshua in six months. .Thank you very much for asking me to see this nice family. Best regards, Gordon H. '•Smith, M.D. GHS:ks CC: Mrs. Morgan 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 July 14, 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: $250, 000. 00 Section 913 and 915.4. Please note all "Wtrv$ Ofty14 CCUC1Sil CLAIMANT: PATSY RAHN AND GREGORY RAHN JUN 17 1987 2485 Krueger Drive ATTORNEY: Concord, CA 94520 Martin.-Z, CA 945,53) Date received ADDRESS: BY DELIVERY TO CLERK ON June 15 , 1987 BY MAIL POSTMARKED: June 12 , 1987 Certified P 501 912 068 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHHIL BATCHELOR, Clerk DATED: June 17, 1987 BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 4,44,L /!Jk;L- 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 (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: J U l 14 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. ell Dated: JUL 1 5 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Patsy Rahn Gregory Rahn 2485 Krueger Drive RECEIVED Concord, CA 94520 In prbpria persona JUN /5-1981 CLAIM AGAINST sA on THE COUNTY OF CONTRA COSTA TO: THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA The following claim for damages is hereby made by and on behalf of PATSY RAHN and GREGORY RAHN, and the particulars of the claim are as follows : A. NAMES AND ADDRESS OF CLAIMANTS PATSY RAHN GREGORY RAHN 2485 Krueger Drive Concord, CA 94520 B. ADDRESS TO WHICH NOTICES ARE TO BE SENT PATSY RAHN GREGORY RAHN 2485 Krueger DRive Concord, CA 94520 C. DATE, PLACE AND OTHER CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM On or about March 2, 1987 , claimant Patsy Rahn underwent surgery at Merrithew Memorial Hospital in Martinez, California. At said time and place, agents and employees of Merrithew Memorial Hospital negligently and carelessly treated claimant Patsy Rahn, particularly by placing a heated instrument on her neck, thereby causing her injuries. D. DESCRIPTION OF INJURIES .AND DAMAGES TO CLAIMANTS Claimant Patsy Rahn suffered a burn injury to her neck, with a resulting scar, and her damages include her medical expenses, future medical expenses, and all of the elements of general damage recognized under California law. Claimant Gregory Rahn suffered the loss of his wife 's services around the home and they elements of consortium. Ger►Gra,� t�l�••ro�-ems c� �.w� a•,vl s�c��Jw �cl d;csic�t,�,�'en ; E. . EMPLOYEES CAUSING INJURY OR DAMAGE Claimant Patsy Rahn was under anesthesia at the time of the incident and does not know the names of all the employees involved. It is her understanding that Dr. Burton Baker was the chief surgeon. F. AMOUNTS CLAIMED Claimants claim general damages in the amount of $250 , 000. 00. Claimants claim special damages for medical expenses, as well as other elements of damage recognized under California law. DATED: PATSY IR JL G 0 'RAHO 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 July 14, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your nt' of California Government Codes. ) the action taken on your claim by the Boar LJ r�4 +I c (Paragraph IV below), given pursuant to GovernmentCode 9$7 Amount: $8, 872. 61 Section 913 and 915.4. Please note all Wa �s'1 CLAIMANT: STATE OF CALIFORNIA Martinez, ICA 945jo c/o Rebecca A. Page of Ericksen, Arbuthnot, Paynter & Brown, Inc. ATTORNEY: 1304 Willow Street Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON June 15 , 1987 BY MAIL POSTMARKED: June 11, 1987 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 17 , 1987 QQHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: , I 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. BOAX RDD 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: JUL 14 1987 PHIL BATCHELOR, Clerk, Byi�, 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. JUL 151987 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator f ' Attorntgs at Kaw PRESTON N.ERICKSEN ROBERT M.ARBUTHNOT THOMAS L.WALSH DAVID B.PAYNTER CARL L.BROWN DOUGLAS M.KILDUFF JULIA F.DAY DAVID A.GIFFORD *��p► NN Nom�.}} Cyt N },� WILLIAM G.HOBACK li� �i`� ♦`lX l� ttl , M-gtttrr Brawn, tur.- THOMAS B.WAIT LEE M.JACOBSON CHARLES HYMORE JUBE J.NAJARIAN ROBERT A.NELLESSEN RHARDT Please reply to MARTINEZ ROBERTSEVE WE DOLLAR KIRK M.BARRY TERESA M.BURKE CHARLES S.PAINTER TRANSMITTAL MEMO LoKARA TROM ANN A. ANN SMITH SMITH M.ELISABETH FILLER ANDREW P.SCLAR DAVID C.KING LYDIA A.WILCOX ROBERT N DAVIS DATE: June 11, 1987 EDITH W.TREVISO THOMAS S.BOSCHE KEVIN M.ANDERSEN COTELLA RE: AWK TRUCKING vs. CITY OF RICHMOND JOSEPHC�ODSCLARY LEITH B.HANSEN JANE S.BLUMBERG ROBERT E.DiSILVERIO ACTION NO. : 084009 SCOT 0 BERNSTEIN TO: BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA P.O. Box 911 Martinez, CA 94553 ENCLOSURE: Claim Against the County of Contra Costa. REQUESTED ACTION: Very truly yours, ERICKSEN, ARBUTHNOT, WALSH, PAYNTER & BROWN, INC. By Rebecca A. Page RAP:v 535 MIRA VISTA AVE., OAKLAND, CA. 94610 (415) 835-6376 • PIER 1%2 THE EMBARCADERO,SAN FRANCISCO,CA. 94111 (415) 362-7126 910 HOWE AVENUE, SACRAMENTO,CA. 95825 (916) 929.9672 • 4201 W.SHAW AVE.,SUITE 105,FRESNO,CA. 93711 (209) 276.0600 651 MILLER STREET,SAN JOSE,CA. 95110 (408) 286-0880 • 1034 COURT STREET, MARTINEZ, CA. 94553 (415) 229.1702 537 FOURTH STREET, SANTA ROSA.CA. 95401 (707) 527.8442 • 434 COLFAX AVENUE, GRASS VALLEY, CA. 95945 (916) 929-9672 Y A.W.K. TRUCKING vs. CITY OF RICHMOND, et al. , RECEIVED A , 198 7 CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: COUNTY OF CONTRA COSTA Claimant, STATE OF CALIFORNIA, hereby makes claim against COUNTY OF CONTRA COSTA for the sum of $8,872. 61 and makes the following statements in support of this claim: 1. Claimant' s address is 350 McAllister Street, San Francisco, California. 2. Notices concerning the claim should be sent to Rebecca A. Page of Ericksen, Arbuthnot, Paynter & Brown, Inc. , located at 1304 Willow Street, Martinez, California 94553. 3. The claimant became aware of the occurrence giving rise to this claim when it was served on March 10, 1987 with a Summons and Complaint entitled A. W. K. Trucking, Inc. vs. City of Richmond, et al. , case number 084009 filed in the Municipal Court of Contra Costa County, Bay Judicial District. Said complaint alleges that plaintiff was injured on January 3, 1986. 4. The circumstances giving rise to this claim are as follows: Claimant was served on March 10, 1987 with the above-referenced Summons and Complaint. Plaintiff alleges that on January 3, 1986 an employee of plaintiff drove a truck into a two foot deep hole filled with water and mud while on an access road attempting to enter the Safeway Distribution Center located in` Richmond, California. The plaintiff further alleges that said accident occurred on property owned, maintained, managed and operated by either defendant, Safeway, Inc. , City of Richmond, County of Contra Costa or State of California. Plaintiff further alleges that either Safeway, Inc. , City of Richmond, County of Contra Costa or State of California negli- gently maintained and operated the property where the accident occurred. 5. Claimant' s injuries are that claimant has been named as a defendant in this lawsuit and will be forced to incur litigation expenses as a result thereof. Claimant may also be required to pay any judgment or damages or settlement to plaintiff. 6. The names of public employees causing the injuries complained of are unknown. 7. �M� claim as of this date is $8, 872. 61. 8. On the basis of computation of the above amount is based as follows: Plaintiff has prayed for compensatory damages in the amount of $8, 872. 61 for expenses for inactive drivers and towing. DATED: June 11, 1987 REBECCA A. PAGE Attorney for STATE OF CALIFORNIA CLAIM Y 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 July 14, 1987 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $5, 000,000- 00 Section 913 and 915.4. Please note all "WaCkingply C'LUI-I"31 CLAIMANT. CAREY FRANKLIN HALL Iv 1987 c/o Stan Casper JUN 17 ATTORNEY: Casper, Loewenstein & Schwartz ^�; ADDRESS: BY DELIVERY TO CLERK ON %.14 ." 1320 Willow Pass Road #400 Concord, CA 94520 Date received June 17, 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: June 17, 1987 IVIL DeputyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: (} 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 O This Claim is.rejected in full. (� �) Other: I certify that this is a true and correct copy of the Board' Order entered in its minutes for this date. Dated: J U L 14 1987 PHIL BATCHELOR, Clerk, By t 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: J U L 1.5 1987 BY: PHIL BATCHELOR by ___qR4wty Clerk CC: County Counsel ; County Administrator L 1 STAN CASPER GASPER, LOEWENSTEIN & SCHWARTZv b� 2 One Corporate CentreRE L 1320 Willow Pass Road, Suite 400 ,,, 3 Concord, California 94520 Telephone: (415 ) 827-0556 JUN /71987 5 Attorney for .Claimant 6 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 9 TO: BOARD OF SUPERVISORS CLERK COUNTY OF CONTRA COSTA 10 651 Pine Street 11 Martinez, CA 94553 12 CLAIMANT'S NAME CAREY FRANKLIN HALL IV 13 CLAIMANT'S ADDRESS Health Services Department Conservatorship/Guardianship 14 Program P. 0. Box 8 15 Martinez, CA 94553 16 CLAIMANT'S TELEPHONE (415) 372-2791 17 AMOUNT OF CLAIM $5,000 ,000 .00 18 ADDRESS TO WHICH NOTICES ARE TO BE SENT: STAN CASPER 19 CASPER, LOEWENSTEIN & SCHWARTZ 1320 Willow Pass Road, Suite 400 20 Concord, CA 94520 21 DATE OF OCCURRENCE May 29, 1987 22 PLACE OF OCCURRENCE City of Oakley, County of Contra Costa, State of California 23 24 HOW DID CLAIM ARISE On May 29, 1987, claimant was 25 lawfully traveling on foot along Sandmound Boulevard, Oakley, 26 Contra Costa County, when he was attacked and severely bitten 27 28 CASPER,LOEWENSTEIN AND SCHWARTZ — 1 ONE CORPORATE CENTRE 1320 Willow Pass Road Suite 400 Concord,California 94520 (415)827-0556 by a dog, a pit bull named Shera, belonging to Christine., McAtee 2 of 4372 Sandmound Boulevard, Oakley. 3 1 Attempts to fend off the pit bull with his legs and 4 walking cane were unsuccessful and eventually he fell heavily 5 to the ground sustaining a broken hip and other .,injuries, , ..: 6 Claimant was taken to the hospital where he was in extremely 7 Iserious condition for a number of days as a result of his 8 injuries. He lost over four pints of blood. 9 The pit bull in question had been officially reported to 10 have left his owner's property and attacked children twice 11 within the two months prior to the attack involved herein, the 12 latest incident occurring just five days previous on May 24, 13 1987. The Animal Control Division of the Contra Costa Animal 14 Services Department (Animal Services) was informed of both 15 incidents. No action was taken as a result of these previous 16 incidents other than to allegedly place the pit bull under 17 lquarantine, despite the fact that the pit bull was not leashed 18 or chained and was being kept in a yard without any effective 19 fence (attached hereto' as Exhibit "All is a two-page copy of the 20 Animal Services Report of this incident, which list the two 21 earlier biting incidents) . 22 The basis of liability for this claim include the 23 following: 24 1 . ' The negligent failure of Animal Services, and its 25 agents, to take reasonably necessary steps to prevent this 26 foreseeable injury; 27 28 CASPER,LOEWENSTEIN AND SCHWARTZ ONE CORPORATE CENTRE 2 1320 Willow Pass Road Suite4 "'ite 400 (�,,fo�s ,a 94,5,0 2 Concord,Calif rnia — (415)827-0556 1 2. The failure to Animal Services to comply with its 2 statutory duty to destroy or impound the pit bull, a dangerous 3 lanimal, following the earlier biting incidents in order to 4 1protect others against the danger of being attacked and bitten; 5 3. The failure of Animal Services to comply with its 6 statutory duty to take up and impound the pit bull, a dog found at large by it , following the earlier biting incidents in order 8 to protect claimant and others against the danger of being 9 attacked and bitten; 10 The names of the public employees acting in such 11 negligent, reckless and/or intentional disregard of the common 12 law and/or statutory duties toward claimant are not known at 13 this time to claimant. 14 ITEMIZATION OF CLAIM: The claimant has incurred medical 15 lexpenses and continues to incur medical expenses, the total 16 damages of which are not yet computed. 17 Claimant was hurt and injured in his health, strength and 18 activity, sustaining injuries to his body, specifically 19 including a broken hip, and shock and injury to his nervous 20 system and person, all of which said injuries have caused and 21 continue to cause claimant great mental , physical, and nervous 22 pain and suffering. It is anticipated that claimant will 23 eventually have to undergo a hip replacement and/or be left 24 crippled for the rest of his life. Amount of said itemization: 25 $59000 ,000.00. 26 1 Dated: June 17, 1987 CA;SPfEOEWENSTE & SCHWARTZ 27 By 28 7AN CASPER CASPER,LOEWENSTEIN Attorney for Wfaimant AND SCHWARTZ 3 ONE CORPORATE CENTRE 1320 Willow Pass Road Suite 400 Concord,California 94520 (415)827-0556 CONTRA COSTA C• ANIMAL HISTORY NO. U 8 L 5 5 NATES ANIMAL SEINVICESZ90ARTME TAfteA 6A AD MPOUNDEDDRES_ Ik. f - 10,110"h / 1 `.❑ FINDER WANTS ❑ DATIlE111nm IMPOUNDING � KENNEL DATE ItOs1Wi TIML. / NO DUI_ NAME STRAY ❑ SURRENDER BITER PFLEASE ❑ N 7777 �• DATE: ^ OWB ADDRESS (DENT. . NO YEAR PLACE LIC. OTHER ❑ PHONE . IMPOUNDING F P CNSHERIFF DIMER OFFICER_ - FOR: ❑ ❑ REOUESTING Q DATE OF � »AMENS 22 ADDRESS C/1 t?1./ I PHONE 7��OQ I OWNER L 7 /`t ADORES ; , �C VIJ PHON NEW OWNER ADDRESS PHONE SPEED , VAj P92,, CLOR SMALL ❑ MEDIUM LARGE ❑ OF OLLAR--- DETAILED ! DESCRIPTION I tT'e I' HOUSE YES NO YES NO GOOD WRH YES NO DIST Tf5 NO NAME SEX AGE .� BROKEN ❑. ❑ NEUTERED ❑ ❑ CHILDREN ❑ ❑ SHOTS .❑ ❑ e CAUTION ! 1 DO NOT SIGN THIS FORM UNTIL YOU HAVE READ IT COMPL.ETELrY 1 am the owner or authorized by the owner to act in his stead,of the animal described herein,]1 hereby I PES authorize the County to dispose of the animal of anytime or In any manner it sees fit,without prior nonce Nnpounding Fee S I to me for the ownerl,and without regard to any time limitation or nonce requirement imposed by on Board $ I Present Owner statute or ordinance. 1 expressly waive on requirement under California Food and Agricultural Code section 31 108 or Ordinance Code section 416-2.002 of sp.that the animal be kept a specified,time be. PeraltyorTox $ I (Returned) ❑ fore bung kiikd and any requirement under Food and Agricultural Code section 311p7 or Ordinance Neuter,/Spay Dep. S I Code 416.8.006 Iol that I lot the owner)receive notice of any such action.I further assume all responsib 1. New Owner ity and release the County from all risks and damages which may arise from whatever cause.Unless noted Rabies Vocc.Dep...- S ! y License FeeS 1 (SOI°) on this formjhe pct ternty.rhe herein sdescribedforgs animal to the bear of myknowkdge hos not bines oqy person I during the past 14 ddyi 110 days for dogs or cots I 1 Vet.Bill/Qum;Fee S I TOTAL CHARGES S I SIGNATURE '��iG.EC. AS THE NEW OWNER OF THIS ANIMAL I ^enol Receipt Ns I ! HEREBY AGREE TO THE CONDITIONS ON THE ( At Lorge REASON FOR❑ GIVING UP ANIMA REVERSE SIDE OF THIS FORM. I I No license ❑ BY "I i Signature of Now Owner _ I_Other ❑ IMPOUND NOTICE IN OUT ASD FSS(5.22 Rev.5/62)30M i SENT DATE BY I O w 1} CONTRA COSTA COUNTY l� ANIMAL SERVICES DEPARTMENT y Fennel AUTEORIZATION TO DISPOSE OF ANIMAL r3 {� CAUTION 1111 DO NOT SIM; THIS FORM UNTIL YOU HAVE READ IT COMPLETE 1 It ,�( 1' N y 3 Do�� Cat Other Lioense No. Breed l I7 v�l P"* IFL/A Colorip Sex Agee Housebroken Name Good with Children Spayed Reason for Surrender � .` I am the owner or authorized by the owner to act in his stead, of the animal described herein, I he-eby authorize the County to dispose of the 4JJ d animal at any time or in any manner it sees fit, without prior notice to me V (or the owner), and without regard to any time limitation or notice require- .,z .� ment imposed by any statute or ordinance. I expressly ware any requirement ON\} under California Agricultural Code section 31108 or Ordinance Code section 1116-2.002 at seg, that the animal be kept a specified time before being killed 0 and any requr iement under Agricultural Code section 31107 or Ordinance Code 416-8.006 (a) Lhat I (or the owner) receive notice of any such action. I y �} further assume all responsibility and release the County from all risks and j C daaagea which may arise from whatever cause. Unless noted on this form, I j /a -certify the herein described animal to the beat of my knowled.e has not V bitten or otherwi a exposed a perso t rabies during the past 11� da7s(10 y 1 signed or fi 1 0 014fT ri Vame - AcUlreas lty Phone Date of Bite(or exposure) 747470.ko_n+DVnd O�klM�bl (if any) victim's Name Address City rhone Date Received by Date Out by ❑ PTS Other ACC#12 Rev. 2/79 (OVER) EXHIBIT � giA 6�c CONTRA t COSTA ;ANIMAL CO NTROL DIVISION 991 J^ '"NPORT .. bid'y , may f ..r a.. qr++��r +��•+.. y _, �, y:. " ' w-�-:�..�..rw+rr++rmW+�.s.�+u� M7Sd� Hflil �' % • • ,. c of Artkmd Pj t Il.l_"Sh0=0„ _ '.o.+ `strr.r+�512f 87 `` , ' o±c'lEl.;, _.- Address where bitter, 42W k s1�_G8Il1 30L1i1 - t8n 2n FE %t)1— Part of body bili" both leggy pexxUngfsite 49683.._. - than p _ Date Due __ _ Extent of bite more dol Lkenw. ��LN No. i Yr. No. _ Now bite occured Victim mat: t.tnllr;nn �v�ssioRa aRabin vaccination: N Y Date - _.. _..._____•Pit Bull &' seven--e here r'801a 8.f tai. : sem-- Quarantined �A[ pa oz — Treated by l Hr=i thil Animal History Form No m d Address, Dat Released from quarantine by Da+e Rept?» by Arl� Henry phi. . 9i Date amimia/ died or killed Report received by Lab.tepon No. Date -- - Date Pos Nag_ .. Yietimcontecud Yes No t p (lefe cont to lab. witness to bite INSTRUCTIONS TO ANIMAL OWNERS: INSTRUCTIONS FOR PERSON lifTTEN: 1.-If animal.is quarantined at home, owner must_mgree.to:__. ' possible; inienediatel capture--restrain br atablish-deacri- art end a keep the animal strictly confined until released by Animal Control. If Y P Pei.. b. Advise Animal Control of any signs of Illness and to follow ownership of animal. .._._.. .Animal Control Instructions. - —•_ .._. _...._.. -.__. __..._-. .--- �,—As soon as possible,.wash and flush wound With pl"._Pf map and 2 If animal Is quarantined at boarding kennel or Lveterinary hospital, water,detergent and water or water alone. s. .I the owner agrees to: 3. Promptly contact a for his advi a and/or treatment of -•a. Take animal immediately to— ------- the _ - - _ --— wound.. .. at REMARKS: (See Over, Rtoc:keiee�dl him dmtm Pi Rtt1'1'—bi t. =y P-iors: bite 4/87 and 5/24/87 release date b,Arrange to reclaim tanimal. Date NOTE: Agreement to quarantine is not admission of liabitity� 6L4187 dog st — or guilt. I UTL, victim or AILD. notified OWNER'S SIGNATURE to I ' A1110061-C iptt QUARANTINING .OFFICER -- .-_:.,r.._�---- i ` I i i i ji ' f I . I i. AMENDED`f _ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Hoard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 1 4, 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: $99 , 750- 00 Section 913 and 915.4. Please note all "Warnings" c0uni`�/ CpUIIS61 CLAIMANT: CHRISTINA PEASE 1987 c/o Ronald M. Schwartz, Esq. JUN 17 ATTORNEY: 140 Mayhew Way #100B Pleasant Hill, CA 94523 Date received 1ti?artinez Cr'� a`'" ADDRESS: BY DELIVERY TO CLERK ON June 15 , 198 BY MAIL POSTMARKED: June 14� 1987 Certified P 003 825 909 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 17 , 1987 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This claim complies substantially with Sections 910 and 910.2. (� )�This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: a g l Deputy 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 ^fA1vgl/D6D (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: JUL 14 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. 0 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: JUL 15. 1987 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator REVISED CLAIMJUN 1987 against County of Contra Costa �. (Government Code, Sec. 910) DATE: June 9 , 1987 Gentlemen: The undersigned hereby presents the following claim against the County of Contra Costa. 1 . Date of Accident or Occurrence: April 21 , 1987 2. Name and Address of Claimant: Christina Pease , c/o Ronald M. Schwartz, 'Esg. , 140 Mayhew Way, Suite 1008, Pleasant Hill , CA 94523. 3. Description and Place of the Accident or Occurrence: Auto- mobile accident occurring on West Third Street at or near its intersection with K Street , Antioch , California. 4. Names of employees involved, and type, make and number of equipment, if applicable and if known: Unknown , but the yield sign at the intersection of K Street and West Third Street was pointing in the wrong direction so that it was obscured or not visible to oncoming traffic and this forms the basis of this claim against the County of Contra Costa , 5. Description of -the kind and value of damage: Dental bills being paid by MediCal and at this time estimated to be $250. 00. 6. Cost estimates or bills are not attached. 7. Amount Of Claim: Medical special damages in the amount of $250. 00 , general damages in the amount of $99 , 750. 00. 7 RONALD M. SCHWARTZ, ney for Claimant CHRISTINA SE BOARD OF SUPCRVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 14, 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: $99, 750. 00 Section 913 and 915.4. Please note a1u-Nmoy gtunsal CLAIMANT: NEVA L. PEASE JUN 17 1987 c/o Ronald M. Schwartz, Esq. ATTORNEY: 140 Mayhew Way #100Bf'vlc:rllr �, CFS 94,.: 3 Pleasant Hill, CA 94523 Date received ADDRESS: BY DELIVERY TO CLERK ON June 15 , 1987 BY MAIL POSTMARKED: June 14, 1987 Certified P 003 825 909 I. FROM: Clerk of the Board of Supervisors TO: County Counsel, Attached is a copy of the above-noted claim. - Tune 17, 1987 PpH�{IL BATCHELOR, Clerk DATED: Bl�: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 19 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 AS 40AWIIDAZ ( This Claimlis 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.1l 14 1987 Dated: PHIL BATCHELOR, Clerk, 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: JUL 1.5 1987 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator REVISED CLAIM RECEIVED t against JUN 1987 County of Contra Costa ar► 160A oa+ (Government Code, Sec. 910 DATE: June 9 , 1987 Gentlemen: The undersigned hereby presents the following claim against the County of Contra Costa. 1 . Date of Accident or Occurrence: April 21 , 1987 2. Name and Address of Claimant: Neva L. Pease c/o Ronald M. Schwartz, "Esq. , 140 Mayhew Way, Suite 100B, Pleasant Hill , CA 94523. 3. Description and Place of the Accident or Occurrence: Auto- mobile accident occurring on West Third Street at or near its intersection with K Street , Antioch , California . 4. Names of employees involved, and type, make and number of equipment, if applicable and if known: Unknown , but the yield sign at the intersection of K Street an West Third Street was pointing in the wrong direction so that it was obscured or not visible to oncoming traffic and this forms the basis of this claim against the County of Contra Costa. 5. Description of the kind and value of damage: Claimant was treated at Los Medanos Emergency Room but at this time has no bill for the amount of the special damages . Claimant ' s medical bills are (continued) 6. Cost estimates or bills are attached. 7. Amount of Claim: Medical special damages in the amount of $250 . 00, general damages in the amount of $99 , 750. 00. RONALD 4. SCHWARTZ, ntorney for Claimant NEVA L. PEASE r Revised Claim, June 9 , 1987 Page Two-. _ 5 . . . . being paid through the State MediCal fund and at this time are estimated to be $450. 00. Y = t. PHONE 754-5288 PHONE 7�6 E WAY 8 �WAY lON£TREE WAV Lp TR tf W508 1GC'� �t AW10CH.CALIF,000 309359 DR MC:INTYRE 309360 DR MC"NTYRE U4-23-5 NEVA PEASE 04-23-97 NEVA PEASE TAKE 1 — 2 TABLETS BY MOUTH I-Ale 1 TABLET BY MOUTH EVERY3 OR 4 HOURS AS NEEDEDr�T EF:sTIMfE A' NEEDED FOREVERY FAIN IN''_,OMNIA I4, f 1YLENGL C C:OE.- #13 :3O 16 20 DIAZEPAM 5MG T"' 2—C,9 MC: NEIL t 11-87 P Iti;t�,I;= ; , MAY CAUSE s:+FLOWS I NESS DO NOT DRINK ALCOHOL DCS NOT DRINK. ALC UHN- KEEP OUT OF REACH OF CHILDREN VEEP t3UT OF REACH OF CHILDREN DESAN I E CR 455 6540 3604 DESAN I E CR 456 6540 ;:ALL IN F DUAN; E FOR F:tF 1LLS' :FALL IN AD VANL;E F"''� kE il�` ►RANI-: YOU FOR YOUR PATRuNAf ii. YOU FOK FALL, 51. i w; i c. :A LLCi .{-� - �R hi ,�` OK. REFILLS, ALLOW T I Z. R:EF I C,< r;i_ .i y A"rs a '7+ CUSTOM AUTO PAINTING t. TELEPHONE 689-6117 11 2520 MOjUMENT BOULEVARD - CONCORD,CALIFCONIA 94520 i y k NAME AONIESS CI1Y / ~ JNONE if ' vim_ iD Mtaka C/ O_ Year _�tP 8e"at No.I � P�Y��K Prod Data MRaapa ucomw No.9�1 1 S" ••r tnwrga Co. REPAIR REMA4 ESTIMATE OF REPAIR LABOR HRS. PARTS SUBIFf t Q r r� { J I 04 e TOTAL REMARKS, � � - � /,� j'~ �! NRSOF u8O! $�(� PER NR.S � PARTS S.- V PAINT MATERIALS i e d i IN$URAN1 TIBLE SUBLET i r 1 SALES TAX Z THIS ESTIMATE IS BASEO ON CTIO AND ODES NOT COVER ADDITIONAL PARTS ESTIMATE TOTAL i OR LABOR WHICH MAY D AFTER THE tRbRK MAS BEEN STARTED.AFTER THE ADVANCE CHARGES t WORK HAS STARTED,WORN DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST IN. SPECTION MAY BE DI D_ NATURALLY,TNS ESTIMATE CANNOT COVER SUCH COtMNGENCIE&PARTS ESSUBJECTTOCMANMEWITHOUT NOTICE.TMISESTIMATEIS GRAND TOTAL* FOR IMMEDIATE OFIKATHORIIZE NO CREDIT CA S ACCEPTED, TPaB WORK AUTMpnzEo sv ."