The URL can be used to link to this page

Home My WebLink AboutMINUTES - 02091988 - 1.21 ' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOAR N the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 9 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you iS your notice of California Government Codes. I ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code , Section 913 and 915.4. Pleas not 11 "y n " Amount: $76 - 00 I �OUK {tet raWf CLAIMANT: RICKY DON MARSHALLi 1512 Chanslor Avenue - JAN 2 9 1988 ATTORNEY: Richmond, CA 94801 &ttinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON January 6 . 1988 • f BY MAIL POSTMARKED: January 4, 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Januar 8, 1988 PpHHIL BATCHELOR, Clerk DATED: y BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) 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: //�` �;./ ��: %!('f �,� �: 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. BOAR D ORDER: By unanimous vote of the Supervisors present 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. FEB 9 1988 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. i FEB 10 1988 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CO§T_:6TAxapplication to: Instructions to ClaimantVerk of the Board .O.Box 911 Martinez,Cafifomia94353 A. Claims relating to causes •of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of. the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District--should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each pubic entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved fo ps i RECEIVED Against the COUNTY OF CONTRA COSTA) JAN 6 1988 AT or DISTRICT) a. (Fillin name ) Bir .. �.. .... .. The undersigned claimant hereby makes claim against t4ie County of Contra Costa or the above-named District in the sum of $ ; and in support of this claim represents as follows: ---------------------- n----------------------=-------------- ---- �. WhenC�did the damage or lnju occur? (Give exact date and hour] . 1 I +--- - - -T--r----------- - -- s----------- --- �. W�iere did tFie damage or 1n3uxy occur (Include ci y,and county , � �'� ons ��_i 1,► �t-� - 37 How did the damage r injury ccur? -(Give dull details; use extra sheets if required) TON-KAf- tk&K _T1 _A .. � i �I �E _ 4. What particular act or omissioi on thrt of county or dist officers, sery nts or employees caused the injury or damage? �._1...a-1� , (over) . .5. What— are 'the names of county or district officers, servants or emploees .causing the damage or injury? e, �,o r 1 r 6. What damage or Injuries do you claim resulted? ZG1ve dull extent of injuries oir damages claimed. - Attach two estimates for auto 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) 4�Stkt.f W �N-�`S wAs , I5��, tln�. SNoGs v�►�� \,q p.S 15• o� thy. S ,a&S wAs -------------------------------------- 3., 8. Names andaddressesof witnesses, doctors and hospitals. lop �i ►c .h��t��,� C: �� , 'N8ol - ) S- o13 5128 o .# ?L s:t, the *xpend�tures you made on account of this accident or injury: J w" DATE ' ITEM AMOUNT g �.l 7 Shags / 5,�� PRS/-�s _ sf, oe-( �'i_S . ✓ •��:�1L.!�.l:1f-if if��,*,�{ R,l{��l �i{if T��i if l �i l{R 1f R 1f R It i if R�if�if l{�li if 1t��R l�lf l�.f�i�R�i�li 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 \ ,-— mw�,�Lz ants Sig atuie o e', dres Telephone No. Telephone No. _.�� L4 LI :*•w:*•�:�**�#��*�t�*#:�,tw+�f��r�*:�*t�*:��*��r*tR*w�t�*tw*ttt�t��sr:***�*tom*w** IROTICE Section 72 of the Penal Code provides: 'Everytperson 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 S h e.ri ff-Cn ro n e r , Richard K. Rainey Contra SHERIFF-CORONER Dillon P.O Assistant Sheriff Box 391 Costa Duayne J. Martinez, California 94553 I Costa County Warrenhers _ - Rupf (415) 372- 4494 � Assistantt Sheriff i December 29, 1987 Ricky Marshall 1512 Chancelor Ave. Richmond, CA 94801 Enclosed, is a County Claim Form., Please list the missing' articles and their value, along with any documents you may have, i .e. , receipts etc. Be sure you have included pertinent dates that tie in with your loss. These dates should. show when you-were brought here and when you left. Then you must return this form to Contra Costa County, Clerk of the Board; P.O. Box 911, Martinez, Ca. 94553 C. Ludwig Support Services Dept. I • I AN EQUAL OPPORTUNITY EMPLOYER i CLAIM BOARD OF ,SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 9 , 1988 and Board Action. All Section reference's 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: $5,000,000- 00 Section 913 and 915.4. Please note all "Warnings". i County Counsel CLAIMANT: FRASER A. BONNELL ETAL c/o Carol 11. Itami, Esq. JAN1 ) 1988 ATTORNEY: Berkeley, CA 94704 Date received Martinez CA 94553 ADDRESS: I BY DELIVERY TO CLERK ON January 11, 198$ BY MAIL POSTMARKED: January 8, 1988 Certified P 117 054 9.56 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 12 , 19.88 ggIL BATTCtyLOR, Clerk e 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: y BY: �ij Deputy County Counsel Tv 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 dale. Dated: F E B 9 1988 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: FEB 10 1988 BY: PHIL BATCHELOR by Deputy Clerk i CC: County Counsel County Administrator i i i LAW OFFICES CAROL M. ITA.MI 2J3J AJJISO': '_,?FEE 7'- F-OOP BERKELEY. CALIFORNIA 94704 T R A I4 S _"i Z R' T L !--1 E �: 0 - - - - - - - - - - - - - - - - - - - - - - - - -Date : January 8, 1988 I VIA CERTIFIID IMAIL I REl't. N RECEIPT REQUESTED To: CONTRA COSTA CC=- , BOARD OF SUPERVISORS P 117 054 956 ATTN: Clerk of the Board 651 Pine, Roa^. 106 ' Martinez, CA 94553 Re: BONNF'•T,T, v. CUII'RA COSTA COUI!,7I Z/Clair: Enclosures : 1 original Government Code Claim Form; 1 copy; g.A:S7.E. Submit originals to Judge for approval and signature , file, and return filed-endorsed copies . xx File and return .filed-endorsed copies . Record and return copies . For your records and information. Other: Thank you. Law Offices of Carol M. Itami I i I j I I i GOVERNMENT CODE CLAIM i TO THE GOVERNING BODY OF: COUNTY Or CONTRA COSTA i OUR CLIENT & CLAIMANT: FRASER A. BONNELL; SYLVIA E. BONNEL ADDRESS: 316 Vassar Avenue Kensington, Ch 94708 ECF1V DW R 1 DATE OF INJURY: October 4 , 1987 ;Ali 11984 I E F RS CL Aft S E PLACE OF INJURY: Sidewalk in front of and ji3: Vassar Avenue, Kinsington, Contra Costa County, Califor a 94708 . DESCRIPTION OF INCIDENT: See Attached. NATURE OF DAMAGES : See Attached AMOUNT OF CLAIM: $ 5 ,0 0 0 ,0 0 0, as of the present date ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: CAROL M. ITAMI, Esq. 2030 Addison St. , 7th Flr. Berkeley, CA 94704 DATED: January 7, 1988 CAROL M. ITAMI 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 Floor, Berkeley, California. On 01/08/88 I served the within GOVERNMENT CODE CLAIM on the interested parties in said cause, by placing a true copy thereof enclosed in a scaled envelope with postage thereon fully prepaid, in the United States mail at Berkeley, California, addressed as follows: COPY SEPTI' P0=7 RECEIPT REQUESTED, CERTIFIED MAIL: CONTRA COSTA COUNTY BOARD OF SUPERVISORS P 117 054 956 ATTN : CLERK OF THE BOARD 651 Pine , Room 106 Martinez , CA 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 01/08/88 at Berkeley, California. SUSAN L. RICHARTZ F GOVERNMENT CODE CLAIM Attachment TO: COUNTY OF CONTRA COSTA CLAIMANT: FRASER A. BONNiLL; SYLVIA E. BONNELL DOA: October 4 , 1987 DESCRIPTION OF ACCIDENT: Claimant FRASER A. BOIv'Iti= was standing on an aluminum extension ladder (manufacturer presently unknown) , which was resting on the sidewalk in front -of and adja- cent to 316 Vassar Avenue, Kensington, Contra Costa County, CA 94708; the feet of the ladder were placed on the sidewalk, the top of the ladder was placed against a bar running from a light pole, or telegraph pole, and secured by cable; said bar and pole were on county pro- perty, as is the sidewalk and adjacent areas. The ladder was caused to collapse, and Claimant FRASER A. BONNELL was thereby caused to fall and thereby incurred substantial physical injuries and great mental and physical suffering, which continue to this day and are expected to continue into the future. Claimant SYLVIA E. BONNELL was nearby and witnessed the accident, thereby suffering severe mental and physical suffering. NATURE OF DAMAGES : Defendant Public Entity is responsible in whole or in part for personal injuries and damages sustained by Claimants due to the dangerous and defective condition of public property, and to the extent said conditions created a substantial risk of injury to persons lawfully and foreseeable using said property. The dangerous and defective condi- tions consisted of, but were not limited to, the negligently maintained sidewalk and adjacent county property, the inadequate, defective, . carelessly, negligently, improperly designed and maintained light pole and adjacent bar, the confusing location of said pole and bar, the absence of any warning or instruction concerning the use of such bar(s) , and the foreseeability of such bars and poles being used for supporting ladders and the foreseeability of such use creating a substantial risk of injury and damages. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA t claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 9 . 1988 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 i Section 913 and 915.4. Please note a .laif�iTGti sei CLAIMANT: FRASER A. BONNELL `ii'' c/o Carol M. Itami, Esq. JAN 1.3 1988 ATTORNEY: 2030 Addison St. 7th Floor Martinez, CA 94553 Berkeley, CA 94704 Date received ADDRESS: BY DELIVERY TO CLERK ON January 11 , 1988 BY MAIL POSTMARKED: January 8 , 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: January 12 , 1988 ��: 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: 4rylBY: 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 0 ER: 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: FEB 9 1988 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. I I 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: FEB 10 19e8 I BY: PHIL BATCHELOR by ` Deputy Clerk CC: County Counsel County Administrator i GOVERNMENT CODE CLAIM -TO THE GOVERNING BODY OF: COUNTY Or CONTRA COSTA OUR CLIENT & CLAIMANT: FRASER A. BONNELL; SYLVI ADDRESS: 316 Vassar Avenue - ��/✓ Kensington, CA 94708 JAN 1 DATE OF INJURY: October 4 , 1987 l8 ELOR 5 O 5 E SON A t 6 PLACE OF INJURY: Sidewalk in front of and adjacent to 316 Vassar Avenue, Kinsington, Contra Costa County, California 94708. DESCRIPTION OF INCIDENT: See Attached. NATURE OF DAMAGES: See Attached AMOUNT OF CLAIM: $ 5 ,000 ,000, as of the present date ATTORNEYS TO WHOM NOTICES SHOULD BE ADDRESSED: CAROL M. ITAMI, Esq. 2030 Addison St. , 7th Flr. Berkeley, CA 94704 DATED: January 7 , 1988 5;, ) CAROL M. ITAMI 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 Floor, Berkeley, California. On 01/08/88 , 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 BOARD OF SUPERVISORS ATTN: CLERK OF THE BOARD 651 Pine, Room 106 Martinez , CA 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 01/08/88 at BerkelC7alifornia. SUSAN L. RICHARTZ ' I I i GOVERNMENT CODE CLAIM Attachment TO: COUNTY OF CONTRA COSTA CLAIMANT: FRASER A. BONNELL; SYLVIA E. BONNELL DOA: October 4 , 1987 DESCRIPTION OF ACCIDENT: Claimant FRASER A. BONNELL was standing on an aluminum extension ladder (manufacturer presently unknown) , which was resting on the sidewalk in front of and adja- cent to 316 Vassar Avenue, Kensington, Contra Costa County, CA 94708; the feet of the ladder were placed on the sidewalk, the top of the ladder was placed against a bar running from a light pole, or telegraph pole, and secured by cable; said bar and pole were on county pro- perty, as is the sidewalk and adjacent areas. The ladder was caused to collapse, and Claimant FRASER A. BONNELL was thereby caused to fall and thereby incurred substantial physical injuries and great mental and physical suffering, which continue to this day and are expected to continue into the future. Claimant SYLVIA E. BONNELL was nearby and witnessed the accident, thereby suffering severe mental and physical suffering. NATURE OF DAMAGES: Defendant Public Entity is responsible in whole or in part for personal injuries and damages sustained by Claimants due to the dangerous and defective condition of public property, and to the extent said conditions created a substantial risk of injury to persons lawfully and foreseeable using said property. The dangerous and defective condi- -tions consisted of, but were not limited to, the negligently maintained sidewalk and adjacent county property, the inadequate, defective, , carelessly, negligently, improperly designed and maintained light pole and adjacent bar, the confusing location of said pole and bar, the absence of any warning or instruction concerning the use of such bar(s) , and the foreseeability of such bars and poles being used for supporting ladders and the foreseeability of such use creating a substantial risk of injury and damages. I n • I CLAIM BOARD BF ,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 February 9 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. I ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $200. 00 Section 913 and 915.4. Please note aOL ping,ti. X u _n5Q! CLAIMANT: ELIZABETH VICTORIA GILLESPIE c/o Michael J. Oliver JAN 13 1988 ATTORNEY: 2255 Contra Costa Blvd. #207 Martinez, GA 94553 Pleasant Hill , CA 94523 Date received ADDRESS: BY DELIVERY TO CLERK ON January 11 , 1938 BY MAIL POSTMARKED: January 4, 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 12, 1988 JpIL Deputy OR, 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: q Qw . Z41� _ BY: Ak Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this datePEB9 1988 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: FEB .1 0 1988 BY: PHIL BATCHELOR byX/�,�Deputy Clerk CC: County Counsel County Administrator ka CLAIM TO: BOARDOFSUPERVISORS OF CONTRA C Xapplication to: ' r� Instructions to ClaimantMerkotthe Boaed, P.0.Box 911 Martinez,Calitomia W53 A. Claims relating to causes 'of action for death or for injury to y . 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 Sug_e�aEors 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 DistrIctushould 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 Por fraudulent claims, Penal Co3d"9-ec-.72 at end o this form. �RRRRRRRRRRRRRRRRRRR+RRRRRRRR*RRRRRRRR�tRRRRRIRRRRRRRRRRRtkRRR*R*IRRRRRRRRf {';r_: RE: Claim by U )Reser v ' g stamps El 12, ahc4-h RECEIVED 4u 8 Against the COUNTY OF CONTRA COSTA) .SAN 111988 a � - a� DISTRICT) (Fillin name) IT " - ev _ The undersigned claimant hereby makes claim against the County of Contra - Costa or the above-named District in the sum of $ -VJy, ov, and in support of this claim represents as follows: — �. When did the damage or in3ury occur? (Give exact _date and-hours , c — --- T--- --------- •T—T------------..—..------..—..—..----------••---r - Y. W�iere did the damage or sn3ury occur? (Include city and county) 3. �w did the damage or ilnjury occur? (Give full details, use extra "+ sheets if required). ' ! c�fi jam- ,el-7 ,�� e�u�� , .�x�t�x,� G'e��G nom- �j,d n� � .� • 4. W at particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? _ t (over) 8- 5. What are the names of county or district officers, servants'or employees causing the d'a'mage or injury? / p ic:i�/mow-�xG �s�� C1J7h� • ' r.-Gy1 �''Z�� Y L�/1! .— O��/ � y. •, 6. What damage or �n�uries do you claim resulted? ZGive-full extent of injuries of damages claimed. • Attach two estimates for auto damage) 4,�,- 46^;t> w--- —N—wwr—ww—www--w—�.------------------w www•ww---w------�.--wr—w—ww—w— �. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) • ��-�" �'/zs. oo , �a� �',�G, va, Su>.Q�Cc. yv.��,�,,,�--, ��,�',�,� �a7o �� 8. Names and ad�d/resses of witnesses, doc tors Land hospitals. !J �2i L(tiL{�GjGfsrc -;?S `7 D 7 RC1 iK� :3 ./X ?•� : G' ..L aj ✓/� 7�i� Ae4l�j 3 (/ _ a .r► Ia 3 v G, ,u ZrZ S/8.7 wn^"�NK •.Ar 4•F -- --www—w—w---- —T— -------------------------T---wwTwrww—r—,�T—Tw--- _,•.�: �. L s h��. pQnc7u 'e you made on account of this accident or 1n3ury: LA ITEM AMOUNT •*Rf**�f::**fes***� w ��* *�*****�::***��*�**�*��:�r��**#�+�:*��"*:*�*�***�* s=3 Govt. Code Sec. 910.2 provides: : ` "The claim signed by the claimant ' SEND NOTICES TO: (Attorney) or by some person on his behalf.^---, .44 Name and Address of Attorney - � � X (ehQE 1 1 C I I Vee- Z o0 1 imant s Signature IFAddress _ Telephone No. IS 7S?� _ Telephone NoG !tt*lOtt*ttt�tt�ltlt�Rtfr�t*t+t*!�t*tlfcRt�*��R�*��ttttltt�rr��tRttt�RRl��#*�� --- _.._.v . ._......_ .. - '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 ofa felony.' ti i ,-.. r...�'-•i1�r`y+y..r:..:.. r;••;�:...;• ._.:;Y-+vr,+e�• .n..:,mrLwr.► ^—�Y._�....�.......x-�r-...�.-__. ._ .. ... .. Via._ _.':�--T.. ... m. ,. • . 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 February 9, 1988 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: $105 , 000 . 00 Section 913 and 915.4. Please note all " arnin s � " ouniy Counsel CLAIMANT: INDUSTRIAL INDEMNITY COMPANY c/o Andre Hassid of O'Reilly JAN 0 8 1988 ATTORNEY: Christison & Jackson 3500 American River Dr: #205 Date received Martinez, CA 94553 ADDRESS: Sacramento, CA 95864 BY DELIVERY TO CLERK ON January 8 , 1988 BY MAIL POSTMARKED: January 5 , 1988 I. FROM: Clerk of the Board of Supervisors ` TO: County Counsel Attached is a copy of the above-noted claim. Januar 8 , 1988 PpHHIL ATCHELOR, Clerk DATED: y BY: 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: Oam 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. ol Dated: FEB G 8 9 1988 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: F E B 10 1988 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator i 1 ANDRE HASSID ; RECEIVED O' REILLY, CHRISTISON & JACKSON 2 Attorneys at Law 3500 American River Drive, Suite 205 SAN �9a6 3 Sacramento , California 95864 Telephone: (916) 487-3600 4 .. uM Attorneys for Claimant e+r """ 5 6 7 8 BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 9 AND CONTRA' COSTA COUNTY OF THE STATE OF CALIFORNIA 10 MATTER THE IM F 11 IN THE R OF CLAIM O ) INDUSTRIAL INDEMNITY COMPANY, ) 12 ) Claimant, ) CLAIM F 13 VS. RECEIVED 14 ) BOARD OF SUPERVISORS OF CONTRA ) JAN 8 1988 15 COSTA COUNTY and CONTRA COSTA ) COUNTY, ) PML BATCHELOR 16 ) CLERK BOARD Of BUPENVI$pgg CONTRA C08TA CO, Respondents . ) ey D"WV 17 ) 18 TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY and CONTRA COSTA COUNTY 19 20 The claimant, INDUSTRIAL INDEMNITY COMPANY, hereby makes 21 claim against the COUNTY OF CONTRA COSTA COUNTY and the BOARD OF 22 SUPERVISORS OF CONTRA COSTA COUNTY for the sum of the workers' 23 compensation benefits that it pays to or on behalf of ROBERT 24 LORENZETTI. 25 1. Claimant' s post office address is 400 University Avenue, 26 Sacramento, California 95825. 27 28 -1- 5X504 (4/84) 1 2. Notices (concerning this claim should be sent to 2 claimant' s attorney, Andre Hassid of O'Reilly, Christison & 3 Jackson, 3500 American River Drive , Suite 205 , Sacramento, 4 California 95864. 5 3. The circumstances giving rise to this claim are as i 6 follows: 7 ROBERT LORENZETTI was employed by A.D. SEENO CONSTRUCTION 8 COMPANY on October 5 , 1987 , and was in the course and scope of his 9 employment when he was killed in an automobile accident. The 10 accident occurred in the Eastbound direction of State Route 4 , 715 11 feet West of Oakley Road in Contra Costa County. At the time of 12 the accident, State Route 4 was in a dangerous and defective 13 condition by reason of its design and further by reason of the 14 failure of the State to warn of the dangerous condition of the 15 roadway. The condition of the Highway created a trap for motorists 16 upon the Highway. 17 All of these allegations related to the failure to warn, the 18 failure to post proper signs , the failure to provide warning 19 signs , the configuration of the road, the failure to clearly 20 demark the lanes -of travel on the roadway, the failure to clearly 21 mark the shoulder of the road, the failure to properly mark the 22 curve in the road; all of which would cause or contribute to a 23 motorist driving across the proper lane of travel into oncoming 24 traffic. All of the above factors caused RANDALL GUY MILLER to 25 drive his pick-up truck from the Westbound lane of Highway 4 into 26 oncoming traffic in the Eastbound lane of travel and collide with 27 the Eastbound van operated by ROBERT LORENZETTI. 28 -2- 5X504 (4/84) 1 A copy of the police report of this incident is attached 2 hereto as Exhibiti"A" and incorporated herein by reference as to 3 all the facts of the police report and statements therein. 4 4. As a direct and proximate result of the above-described 5 collision, ROBERT LORENZETTI was killed. Since he was employed by 6 A.U. SEENO CONSTRUCTION COMPANY at the time of the accident, he 7 and his dependents were entitled to and have received and will 8 continue to receive workers ' compensation and death benefits. At 9 the time of the accident , INDUSTRIAL INDEMNITY COMPANY, was the 10 workers ' compensation carrier for A.D. SEENO CONSTRUCTION COMPANY, 11 and as such has made the workers ' compensation payments to date 12 and will continue to do so in the future. 13 5 • INDUSTRIAL INDEMNITY COMPANY hereby makes a claim for 14 all of the workers' compensation benefits it has paid to date and 15 those it expects to pay in the future in the total sum of 16 $105 , 000 . 00 . 17 DATED: January 4 , 1988 18 O- REILLY, CHRISTISON & JACKSON 19 BY: 20 ANDRE HASSID 21 22 23 24 25 26 27 28 -3- 5X504 (4/84) AIf COLLISIOPJ REPORT ""' ' " k1 PAo1 o► IKC+A.CONonw." - MNA.sta .PSR' O%T YECW DYACi "A"tR ATA Ll ED PI T 'V ' � /f • kLjmol% riouN CO60M - RIPORTWG Davocl ■p X 70 1 / ❑ cs o ooLUE.ow cIaER oN • 1 ~• `BAF' ,.at[rEAfI MCK. O��LtRID. � 5 I -- -Alt _ r;Er•t•waORYAnow Av OP WER TO"AWAT PMTOORAPRs BT: �E C� .'3t� '7 S�T W T f S .a RIO W• E dTi.cI�1 AT arAgastmoN WrtFI STAR Mwr R[L GI�Fl4 OR J Pfr!� OFC. t .R 0610, otow 04. PARTY 0RIVER6LIC[NSENJYrtR STAR safm V M.R. emuIESOO oM.ORC G 7 53407 ! CAlr.L"s3 f5 ' ,.!�, hl•TR' ORroER NAYF(CRs.Y�DDE[.LAST) _ ��• PIRNDA L -GUY MILLER //VSA 8-87• TMot Voltr AODRE55 R'S RyYL Q fart AS w1VER D lyll HEMLOCK DR. v e- , PARrto CT V I STATE I ZIP - OWNER'S ADDIRM O SAYt AS DIbvER "[j` ORKLEY CA . ILIS61 . �c Z 9 Olcv• *Ls HAIR EVES FIEIGRT wLGMT YRTNDAR RAC[ cwswo TION OF vENCLE ON OFDF of- �OF R ODavER f" $TNFR- CUST YO Dar YEAR /�Ie .2� ..Y"1 D OLM �i VINE "DUE PONE {.�4 7 f(I/SNESS PFTONE' Mao YEc.EMrCY Of Fac"' NONE Apr.--Y— PrARIFER TO NARRATIVE D DN/5 )625– I Rty, t F F ) CMF USE OWr "smut vENICLE DAMAGE BRAD[w DAMAGED AlUA VEFtCIE TYNE MSURANCI CARR-14JW R .OcvwrER D— 0-w 0-- M&M DYDD s?mUOR p.tETTu pR GF I ON 5T11[Ct OR NG Ar LaEEc KF CC ❑ AV Poe PARTY DR'vLRSLICINSfwuYSCR C.R [LASS S►tETV VLM TR. I Y _ Y�LOR - �rFS tf1r�Elt s�:t. Z .Z03 .300 6 3 a A) AAAA . .•,••♦IT./) i/r�rl. 4. DRIVERNAY ST,RhDD.I.LAST) f X Ir TOW FOan OES nllEr.ADDRESS �.' '4OWNER i'J• O iAYF A5 DRIVER PARKED Crt SIA71.IIF OWNER 5 ADDA 55 SAYE AS DRIVER 'j� 119"CLI t �,r./y s •F l z-a* *lCv. sEt �MA'A TESME+:..i: wf:Grn rIRT..DATf RICE DISP: OF vLrK 5 OFRCER DOVER OTMLR CLD O Yo r v AR�» SS OTMEA ROVE P.d.E/ `/ rU,SLv.E S$PnONE PaOA YECMANCAL OMCTS. F.ONE-1 A7 REFERTONARRATIVE ❑ (?�✓ CRP vsl ON.T DESCXSE VfwCa DAMAGE SHADE w DAMAGED AREA P.'SLRANC t CAAF•E A IC:JC t N.IYrE R vERC l[hI[ pR OF ONSTAEEt OA M.GMM r SPE PCF CC ❑ TRyttl l PLIC ❑ $ C..r ❑ PARTY 10-111SUCINS1 NURSER STATE CLASS SAI ITv vE•T TR Euxt:WJDEl-COLOR LICENSE NUMBER S!.R EOUP. 9 . . . . . . . . . . . . . . DRIER NAME(RRSS.M:::..E LAST) D KDES EI'REET ADDRE11S OWNERS NAYS QSAAFE AS DRIVER MAN o*%Ktc 07:STAT EIP Ow..tr s APCRM Cst O SAE AS DR.vEA VE Ft'-LI D f4CT. SEE NAIA iTfS R[�:.FR WE,•:,1+1 r•R'NCalL RACE OSPOS+T.DN OF VERGE ON ORDERS OF. Q OFF•:fR Q DR+ER O 0711[R CLaT YO. DAT I 1L►R ❑ OTN[R FOYE•HONE 9JSra[S5 Pm[ MlD-MECFIAFACA.DELICTS: NON[APPARENT D REFER TC NARRATIVE D o ( ) ( ) CM►USE ONIT DEV.444 vE•PCL[oAA.AGE SF"L n DAYAGEC AAL. VLq�I[tti►[ PfSURANCE CARRIER 006ICV F.UYSEA OUMR E]%owd [DONOR Eb0 �Y uoR TOTAL CPR OF ON STREET OR wGMw AT V[FC KF jet 13 ' TRAVIL LIMIT P1K ❑ CFM ❑ PREP R f E RE VIEW ER'S MAIM[ DAT[RLVIER'LD BE LTD�J I/- 13_ CHP 555-Page 1 (Rev. 7-87) OPi 042 PROPERTY DAMAGE uw ;,n„o To 0�c SEATING POSITION MCUPANTS SAFETY EQUIPMENT EJECTED FROM VER �/C■CYCLE-M[l YFT T ELOWED.MD • T NKDRIVER A.NONE IN VEHICLE L•AIR BAG DEPLOYED !TO I-PASSENGERS B.UNOWN Y•AIR BPL AG NOT DEPLOYED DRYER 0 0•NT EJECTED T•BTA.WGk REAR C.LAP BELT USED I N•OT/ER V•NO 0-PARTIALLY EJECTED ••RR OCC.TRK_OR VAN D•LAP BELT NOT USED] P-0801 REOUIRED W•YES i-UNKNOWN •PISTON UNKNOWN E.SHOULDER HARNESS USED 'y 1 2 3 0•OTHER F.SHOULDER HARNESS W07 USED CHI a At STRAIN' PASSENGER 4 5 6 G-LAP I SHOULDE A WIRINESS USED 0•N VEHICLE USED 1-060 H•LAP I SHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED Y•YES 7 J-PASSIVE RESTRAINT USED 4-IN VEHICLE USE UNKNOWN ------------------------------ K•PASSIVE RESTRAINT NOT USED T•N VEHICLE•[PROPER USE U•NONE IN VEHICLE ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK I')SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES TYPE OF VEHICLE MOVEMENT PROCEDING LIST NUMBER to;OF PARTY AT FAULT 3 / E. �V�E VIOL,`. CFO, A CONTROLS FUNCTIONING A PASSENGER CAR STA.WGN. 11213 � 3 COWS+ON 1 0 /// uu B CONTROLS NOT FUNCTIONING' ASSENGER CAR W i TRAILER A STOPPED • B OTHER IMPROPBR DRIVING• C CONTROLS OBSCURED C CrCIF SCOOTER X B PROCEEDING STRAIGHT D NO CONTROLS PRESENT I FACTOR' D Pic KUPW PANE L TRUCK C RAN OFF ROAD C OTHER THAN DRIVER TYPE OF COLLISION E PICKUP I P EL TRK W/TLFL I D K&KING FIGHT TURN D UAVKNOWIN A►FwOHN F TRUCK OR TR K TRACTOR E MAKING LEFT TURN E FELL ASLEEP* B SIDESWIPE G TRK I TRK TAA W:TLR. F MAKING U TURN IC REAR END HSCHUS BACIOHIG OOL B WEATHER,MARK I TO 2 ITEMS I D BROADSIDE I OTHER BUS H SLOWING I STOPPING XI A CLEAR E HT OBJECT J EMERGENCY VEHICLE I PASSING OTHER VEHICLE B CLOUDY F OVERTURNED K HWM.CONST.EOUIPME J CHANGING LANES C RAINING G VEHICLE I PEDESTRIAN L SK:YCLE K PARKING MANUEVER D SNOWING HITHER•: MOTHER VEHICLE L ENTERING TRAFFIC E FOG;VISIBILITY Fl. "--TOR VEHICLE INVOLVED WITH N PEDESTRIAN M OTHER UNSAFE TURK-#: F OTHER': A NONLOLUSION OMOPED N TONG INTO OPPOSING LANE G WIND B PEDESTRIAN 0PARKED LIGHTING C OTHER MOTOR VEHICLE P WAGING A DAYLIGHT D MotoA VEH ON OTHER ROADWAY OTHER ASSOCIATED FACTOR O TRAVELING WAONG WAY B DUSK.DAWN E PARKED MOTOR VEHICLE (MARK I TO 2 ITEMS) R OTHER' C DARK-STREET LIGHTS F TRAIN A vt uzrQP�vquTph. CITED D DARK-NO STREET LIGHTS G BICYCLE x Z�lLfi3O Q YEc �"Y o E DARK. STREET LIGHTS NOT H APLMAL: B vc UCTION Vw.ATION. CrTED FUNCTIONING• D T Ef ROAOwLY SURFACE D� SOBRIETY-DRUG FIXED OBJECT: PHYSICAL A DRY C rc>:EcnoN Y1Du►TION. aT>:D ❑Y[S (MARK I TO 2(TENS I B WET J OTHER OBJECT: A HAD NOT BEEN DRIN■A.G C SHOW?.Kr G D SLIPPERv;MUDDY,OILY,ETC.) E V190M OBSCUREME H+T : B NEID•UNDER INFLUEAF;E F INATTENTION- C H BD•NOT UNDER POLO ROADWAY CONDITIONS G STOP A GO TRAFFIC D HID•IMPAIRMENT UNI• (MARK I TO 2 ITEMS) PEDESTRIANS ACTION E UNDER DRUG INFLU. VA--,-PEDESTRIAN INVOLVED H FREEING'LEAVING RAMP F IMPAIRMENT-PHYSICAL' I PREVIOUS COLLISION A H04--DEEP RUTS- CROSSING IN CROSSWALK GMWAIRMENT NOT KNOOOd B LOOSE MA'ERIAL ON RDWY.• B AT INTERSECTION J UNTAMLJAR WITH ROAD H HOT APPLICABLE OBSTRUCTION ON ROADWAY, K DEFECTIVE VEx EOUIP.: –)YE C C CROSSING IN CROSSWALK•NOT DY[s I I SLEEPY!FATIGUED D CONSTRUCTION-REPAIR ZONE AT INTERSECTION MD"'Ime 0- SPECIAL INcORMATION E REDUCE[R,ADW&Y W`-111 I D CROSSING-NOT IN CAOSswALK L UNINVOLVED VEHICLE A HAZARDOUS MATER&_ F FLOODED' E IN ROAD.INCLUDES SHOULDER M OTHER'. G OTHER': F HOT IN ROAD N NONE APPARENT H NO UNUSUAL CONDITIONS G APPROACH.:LEAVING SCHOOL BUS O RUNAWAY VEHICLE SKETCH e 0SCELLANE005 Kj 'I �w DSC AT[ • �OrTM 74r f-M doll��y �o SR4 #441 0-WALAV CHP 555•PBDe 2(Rev 7-97)OPI 042 I wL��.o++. URED / WITNESSES / PASSENGERS ..3 a.n a w.Lno■, w[DI••o1 »< •[� a LD Mw�c• -ssp EXTENT OF INJURY ("X" ONE ) INJURED WAS("X" ONE ) Ufmws. •.OSO."a apt O;I •.RTT a[.T O•TT Kt O>r.t •.TA[ OIVER[ OT RIR vD�K[ COMP.IONT NIaD[. MS. so"P. WU•r "VOr oviov Oe►.IN OSVKR ►YO KD •CTCLIfT OTM[R 71 01 D ❑ D I D O M, 0 O O I.DOOESO TELI►NON[ iv .0/ PN [L OK r,7•�NS O• DOt. _ ) '. _ T/uc[N TO 70 o[K •[ URLS H �♦�'rJ�'''rc Iyer "Tilt�'� . �'f/�•J)G �G ..� eoRQ/{fP- -�4 MC'TfM OF MO,EM CRMM[000?MD D� ❑ D D ❑ � D o 0 0 i e I o I�DORt � TILE►NONE a.+ EL oa r,TI►WS►o•TLD Ot. T.REN TO. o•YA-i g w�..� — �G D[S'IVOC AJV 6 r EV 0.444F **off 7— /0 "CRM O►"OLIM C[YME NOTMO O Vfl ❑ ❑ D ❑ ❑ D ❑ D ID1 N-)D E c 1.Jr1 S 8 L L ^ TEL •n E OUW[D ON:r,TlW[S•C R![J O'. L7o7 �� TO. DESU.O[*"UR[S "CRM OF VIOLENT COIME NOTIFIED y�D /c ❑ ❑ I D D 10 1Q.1Q ] I D I�'Ir / �d ;4474- a"o TELE•N ge 33 ONJURED ON.r;""s•-;uru tt. i&A tiro. DES MAL.4VRES 13 "CTM OF"OLENT CRIME NOTIFIED ❑• o o ❑ I ❑ Q IDIDID1 D 101 #."E C O.. &.'-ORESS TE:E•MONE Dr.JURL:ON.r.MANSe>STE:Ot: - 1AkEN Tu DESC Rib AIVR IS ":TM OF MO.EM MME WTMED D° ❑ I ❑ ❑ 770 10 1 O 1 D IYMS D O.O A90RESS - TE:[•NJ':E ONJ.IRL:.ON.rI TIMNS•OR![Z Ot. !AALN TC. p6CI.OE 04.1:lR.ES i VICTIM 0E"OLVe CRIME MOTM[[D • S LO N •ER Mr DAY grEUI RS '� CHP 555-Page 3 (Re..7.87) OR 042 — er•[ e. co^aa�t•o. ••ra ([•a•) ..c.c uu. 10•(•/y w �.e. +vrtaw A/ [.o��.�lJ D•: .w �� /b f�'6J I �� 1�+ �;rO ALL M[ASURCMCNTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE •wD1C w7t W/C4 0NDEt vF)D wDw,r i 1 � 15' ZS' I vi OF 0AV.QV �� Ro�,O - i 77 +• i 1 i i I � f'• j i` � l.E�•r.� v.J �. :(I Ow•ww w♦ •.G.wurw[ � ro. D•♦ ♦w. iwl v�[wa w'[w•rl ro. De• •w � , c ►��wLL 1�'tbq 1� 1 t7 i CHP 555—Page 4 (Re, 1165)OP1 042 � I ATi er eialreww.A I AARATIVE/SUPPLEMENTAL ..o[ ATa o• Ow1aI.A►IwCleaY wT Time � H) MCI[ wuyaaw e►rleaw .,o, aaAI~ , /o 9 oxo �z7o1--- i - �v rAry.".O"a "■••eM■ TTra allrr6ayawTAL )"A"ArrL.CAOLa) 1[� NARRATIVE �COLLISION w[►o�T � �A Y►DAT[ � FATAL � 0417 a RUN Y►DAT[ {... SUrrL[Ma NTAL L' OTM[a: l�1 HA2. MAT[IIIALS `' SCHOOL DUO 01 OTM[II: :ITT/COVNTT/iYOICIA► O ICT - a►T.e1lT w.cT al CITATIO. .—asA oSun/o�j] I aTATa Mla..wAT^wa&A-[C f/•�1 i/ F ��F � v[f L' NG 4. i l R �i E F - I S � 1 RDADWM E. s. M R/FRtoN- WHLLI. OF V• � 2 N1oG THr 6. L F Qo T MiLEA, F HE. 7. F WHEEL A / F s. �5 Q I QE-NL W iLf.%. of V- I 1� I N /0; Tri F- �� { 9. L REP\R w E-L L 0 f V- / F h 10. Ln, L T L S C0,14E. PJ "UsbLAO AND Amr4EA 11. �T 12. I 13. 14. j 15. j 16. i 17. I 19 20. ?1. i22. i i25. j 26 j 27. I I 26. I ?9. j I 30. i 31. 1 ►w[►A wl w'a wAra 1.0.w✓ya[w yO. OAT Tw, Al vl[r[w'{ w4rl rD. OAT IcA��w� c. � IbIUq ;ID CHP 55E (Re, 12-64i OPi 042 Use D/e,ous ed,,.-ons until dep eted `"` •Tw..[ o••uulo.wlA - WAR RAIN E/SUPPLEVE NTAL PAGE ro.�O Ifo.T Iw�wT•w �� T�/M60::, i ZQ i w11c—9111 uo►►�c/f. Loo wur�O 70 V 9 S 7 I "1•' Ow[ "A"Or[ � TT 1[ [u►1af Yf wTAI �"A•'.w1Llt Aili1 NAww ATIr[ it'.OLLISION R(►ORT I RA V►DATE •ATAL MIT a RVN YPDAVE r I I i..— SV►►LEME.ITAL C' OTMEw: NA?. MATERIALS 1�' Sc"COL RVs CITTICCOWTT/IVOICIAa Olf •ICT I wn.olaTwl T) .T CITAT1Gw wYrf[. �77�'� r L7?4 1� �'1•� •TAT[ 9010.1tAT w[.A.[t Ao 2. — T- 1 3 I 4. /�tEc �i3su s� E I � 7.�eelf-g"Ajeme!.2 , 2it e, !9 1,.e 5. s. ASelsko'i �w �i ,o. iri - ; 11 12. r �b� �t r¢ Lt/..z)Gr � -�.�,r� 90 13 ,4. I 15Jt dOG 4e nci C? t 6 �•eiT Q ' i TA — a 20. 22. L G I 23. 24. , d 4-e,N� /��s9 U n/L- 4" 25 T r o G 26. / 27 tt �C , sE Z t.►Sx9� r.J 1� M A SLa� .?DAA A 29. �ti�•rh E?,�Et . 30. 31. I •wl a.'a .rt I LG,wurftw Yc. owv Tw. ..vlt�[w's r.rt ro. GAT Tw. CHF 55E 'Re. 12-84i OP, Oil I Use p e. o.s to T,cns willdeF)eted •=t AT: .: C:Llie.wlA ARRATIVE/SUPPLEMENTAL I PAD; •Ta O► Oal•IN.L#.Clot (yLCK MVr\aw � 3 0•. e.►Icaw7LD0. 7®l . /0 Muraaq 'w•'ANa ..m-•Na TT1a •U►►LarIMTAL (..w..AP►LICAOLa) YNARRATIY< �KCOLLI[IOM A[POOT O INA UPDATE O FATAL L.1 MIT a OUN UPDATE EDDUPPL[r[NTAL L OTM[a: C MAI. MATERIALS C aCMOCL SIUa L; 07041LIt :ITT/CO VNTT/IV D/C LAI a 91%ICT AIT. DltTwI CT/al.T tIIATIDN ..Mala � •,, •vim a '1 �r zo/�S ST.Ta MIGN•'A• eILAT&C ♦[1 MC 4. l�ll♦4Sf.�twv -2 Ai rle' s 7116 GC.E I i 12 i w � w 13. Z'5-4, Joe - 14. r`/✓� jg!26 /rC sjab 17. f3-S s i IB. 47- 20. 21. I 26 4lr#11AV r G ♦ i 27. q4rM l 2e. 29. 30. I I 31 ►w,�l .r�� IscrOmap I.eR[vte•ew'.w.rl !ro. O.• ♦a. ' DAV I), I CHP 55E IRr. 12$4. OPI 042 I Use P,e..oL.s ed_,+ons unU1 depleted ;AARATIVE/SUPPLEMENTAL Ow Tt O. Owl.iw A� Iw CIDt«t TIMI/' ae)�j MGIC MVM.[• O.►IGa�w 1.0. .....w roa �O OAv s •w. �7 /VpV �I'� zo I O "w"swa "w"o«t T•►a tu.►Ra-[«TAL ("1 ,A►►6IGA.'a r1 L� NARIIATIV[ COLLISION 1190-ORT ❑ •A UPDATE ❑ •ATAL U NIT & I/YN u►DAT[ I � n •u►.Lc•1[NTAL ❑ or//cR: MAI. MArcR1AL• ❑ •c//ooL SUB ❑ orNCR: � tIT•/C DdMT•/lYO1C1At O t CT w.T.DItT•1 +!.[wl GITw TIOw MY-.a• .✓��,r r AaAV74 •ocAno«/�� a+pTwtt «It«ww•^wa�.•ac ' —0001 �� 1. S 2. • /L TI'9 /h i 3. 4. �-?: .La.�/z�r� o •Tr.9r� err r ,,, - _ i 6 IV 7. 22 >� 8. T7� 'TLS .L. • 0 s. li�/�T, �/ •� - r4- � i 10. M ,/I1 -g�e 1.6AI A In 12. •�iP,�N�nr 13. M 14. I — ' 16. /T/`f AL 2 S W t,IN.AQ 17 • • X4.3 z X ,e _ 19. J / , , L i 20, , /T . / �S/� I� 'I� I 1 i ;qe,. 0 -7777 26 1I ,/� 27 4 ale, �� kZf ?e v Lc�; , 29. E i 30 I 31 I I ►A •[•' wwNl 1.0 UV.a• CYC, DA+ • •I VIL w'[•'a MAYA -O. DAT T•, �vDs In eD M CHF 556 IRe, 12.841 OPi 042 , Use ple,.o.+s edtt.ons urW depleted. -'� V,. C.. CALI.o•'10 I I - A'RRATIVE/SUPPLEMENTAL , FAO( Y n j/] /ro.S/V '•DAv tw[rpe«7 aw. �/ Tj. 42.0 a .. S/ . .. (0&00) «cic«vr`-aw `• GwSS2wur ooa a,•e«a a«a TT►a •u►►a/ awTAL (.«. A►►IICAeL ) O Ir `�IARRA7IV[ IC OLLISIOw R[►ORT ❑ [A UPDAT( ❑ FATAL ❑ NIT a RUw UPDAT[ naY.►L[Y(wTAa D OTM(R: {� MAS. 94AT(RIALS ❑ SCHOOL [US ❑ OTM[R: CiTT/CO—TT//VDICIAL DIST ICT i Of wh.01•Twl 11a AT CITATID. wwMas. nfG . W-4Zp aec•no�/ STATS MICMWAvwaL.+so V S• I • 1 'oI oe • ^ T(a L) w C 1 !t/AS 2. e 04P ..j060 3 4-190 4. c�iIC. 04T !fl 7. -�' 1 o. p9'y�/ /�/ nr% O►� 12 13. 14. �/ /9{w,.T� ICoxJ 15. /-�.�c��i O /�j� I i • y 116. 17W.141VO' OC / OV-0 IAW 19. 469 -C<44 i ,,N—w'a 20. ooc T 1 21. 22s 23 fit/ i 09 Z3 .CZ k — 7S 24 N /✓ aDz' /rI nJ I�1 ?5 26. i 27• A W4 I 29 � I 30 A/40 : AJ AV- ctoNE�. o< •WCOENo ws�r; C.� w .4 r 31. 7X4E -%I&W C .4r ?bo 4 6CILjers. AD �iT. Z..&-K i I.D .Yaaw Yo. O•T T wavl[wc w'{ A.& YO. DAr ♦w, ' • cos,—' Ao CHP 556 (Re. 12-841 OPI 042 Use previous editions until depleted. � ' ' i 1 PROOF OF SERVICE BY MAIL (C.C.P. 1013a, 2015 . 5) 2 3 I , the undersigned , declare : 4 I am a citizen of the United States and am employed in the 5 County of Sacramento. I am over the age of eighteen years and not a 6 party to the within above-entitled action. My business address is i 7 3500 American River Drive, Suite 205 , Sacramento, California 95864. i 8 On the below named date, I served the within i 9 'CLAIM FOR DAMAGES i 10 11 on the parties in said action, by placing a true copy thereof 12 enclosed in a sealed envelope with postage thereon fully prepaid 13 in the United States post office mailbox at Sacramento, addressed as 14 follows : ContraiCosta County Board of Supervisors 15 651 Pine St . , Room 106 Martinez , CA 16 i 17 18 I 19 20 i i 21 22 I , Kay Kilbourne , declare under penalty of perjury that the 23 foregoing is true and correct. 24 Executed this 5th day of January 1988 at Sacramento, 25 California. i 26 I 27 /Ka3VKilbourne 28 5X504 (4/84) CLAIM BOARD OFISUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 9 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. I ) 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". Counsel CLAIMANT: ELTON M. GIBSON c/o James R. Pagliero, Esq. JAN 0 8 1988 ATTORNEY: 2143 Hurley Way #122 Sacramento , CA 95825 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON January 8 , 1988 BY MAIL POSTMARKED: January 7 , 1988 I. FROM: Clerk of the Board of Supervisors 'TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 8 , 1988 ` JpyHIL ATCHELOR, Clerk BY: Deputy L. Hall II. FROM: County Counsel I 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: I� Dated: glpw 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. BOA7) TThis DER: By unaniImous vote of the Supervisors present ( Claim is rejected in fill. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Q Dated: r`[B 9 1wy PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you havel 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. l 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. I 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 ceitified copy of this Board Order and Notice to Claimant, addressed to the claimantasshown above. Dated: 'FEBC 1 0 1988 BY: PHIL BATCHELOR by uty Clerk CC: County Counsel I County Administrator 1 JOHNSON, HOFFMAN & PAGLIERO A Professional Corporation 2 2143 Hurley Way, Suite 122 Sacramento, Sacramento, California 95825 3 Telephone : ( 916 ) 921-5800 1988 JAN 8 4 P xT N boa s 5 Attorneys for Claimant K N� ELTON M. GIBSON ev 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN' AND FOR THE COUNTY OF CONTRA COSTA 10 11 REGINA BENNETT, ) CASE NO. : 302112 12 Plaintiff, ) 13 vs . ) 14 ELTON M. GIBSON, CONTRA ) COSTA COUNTY, and DOES ) 15 1 through 10 , ) 16 Defendants. ) 17 ) IN THE MATTER OF THE CLAIM ) CLAIM FOR DAMAGES 18 FOR INDEMNITY OF ELTON M. ) GIBSON, ) 19 ) Claimant , ) 20 ) VS . ) 21 ) COUNTY OF CONTRI A COSTA, ) 22 ) Respondent . ) 23 ) 24 TO: THE BOARD IOF SUPERVISORS, CONTRA COSTA COUNTY: 25 I l 26 YOU ARE HEREBY NOTIFIED that ELTON M. GIBSON, hereinafter 27 referred to as "Claimant," claims damages from CONTRA COSTA 28 COUNTY, by way of indemnity and/or contribution, in regard to the 1 allegations stated by plaintiff, REGINA BENNETT, in her 2 complaint , Contra Costa County Superior Court action number 3 302112 . A copy of plaintiff ' s complaint is attached hereto as 4 Exhibit "A. " The occurrence which forms the basis of plaintiff' s 5 complaint is an automobile accident that occurred on September 8, 6 1986 involving (vehicles driven, respectively, by plaintiff and 7 Clyde Junior Brown. 8 II 9 Claimant ' s post office mailing address is 1300 Meadow Lane , 10 Concord, California 94520 . 11 � III 12 Claimant requests that all notices concerning this claim be 13 forwarded to Mr. James R. Pagliero, Esq. , at the law firm of I 14 Johnson, Hoffman & Pagliero, 2143 Hurley Way, #122 , Sacramento, 15 California 95825 . 16 IV i 17 Claimant was served with a copy of the summons and complaint 18 on or about October 12 , 1987 . i 19 V 20 This claim is based on the allegations stated in the I 21 complaint filed on behalf of said plaintiff in action number 22 302112 . It is ;hereby claimed that Claimant is owed indemnity 23 and/or contribuantion, express , implied or comparative , from CONTRA 24 COSTA COUNTY i] re d to said allegations . I g g 25 I VI . 26 Claimant hereby incorporates by this reference, without L 27 admitting any allegations contained therein, the claim filed by 28 plaintiff with the Board of Supervisors for CONTRA COSTA COUNTY. -2- I 1 VII 2 Claimant contends that if he is found liable for the damages 3 stated in act on number 302112 , that said damages were 4 proximately anld directly caused by the negligence and 5 carelessness of CONTRA COSTA COUNTY and/or its employees , the 6 identities of which are unknown at this time, in regard to the 7 design, construction, maintenance , repair, supervision and 8 inspection of the intersection of Port Chicago Highway and Wharf 9 Drive within the COUNTY OF CONTRA COSTA. 10 VIII 11 The names of the public employees causing Claimant ' s damages 12 and/or plaintiff ' s alleged injuries , under the above-described 13 circumstances , are unknown at this time. Claimant will amend this 14 claim when such facts have been ascertained. 15 DATED: December 28 , 1987 JOHNSON, HOFFMAN & PAGLIERO A P fessional Corporation 16 17 U 18 � By A A MnRs yfor laim a aot 19 TO M. GIBSON I 20 21 22 23 I 24 25 26 27 28 -3- I GAIL A. FRI': SCHLE 0 t5 Attorney at Law 0 2 935 Moraga Road, Suite 101 JUN 111987 Lafayette, Ca 94549 3 cpNQLSSON Conn Clerk Telephone : ( 415 ) 284-5800 ay COSTA C�UNTy 4 K."gam �o 5 Attorney for plaintiff 6 7 ' g SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA 9 10 REGINA BENNETT, 11 Plaintiff, NO: 3G2112 12 I V. I .13 C Y, ands DOES 1 14 through 10, 15 Delfendants . 16 17 COMES NOW the plaintiff, REGINA BENNETT, . and -complains 1$ of the defendants above-named, and each of them, and for a first 19 cause of action alleges as follows : 20 1. That the true names and capacities of the defendantE 21 sued herein as DOES 1 through 10 and BLACK AND WHITE COMPANY, A 22 Corporation, are' at this time unknown to plaintiff, who therefore 23 sues said defendants by such fictitious names and prays leave to 24 amend this , her Complaint , to allege the true names and capaci- 25 ties of said defendants when the same have been ascertained, 26 together with thle appropriate charging allegations; is 27 informed and believes and therefore &!Isom= that each of said �28 t DOES I �„*.,�, ,,,a,,,,o,- .a. 1 � e ] o4 the I- hereinafter referred toted 2 s is i t h i n I c1i��w,�-E , 6 G.T 3 4 2 . That at all times herein mentioned, 5 6 State of California, extending in a general 7 easterly and westelly direction ; that _ n of said i 9 County and State , extending in a general northerly and southerly 10 direction; that Port Chicago Highway intersects with said Wharf llfDrive at approximate richt angles at or near the scene of the I 12!+accident hereinafter referred to. 13l 3 . That at. all times herein mentioned, }� - *-^npYr�• 14 commonly known as �-jM"bM_6Z4'MQ"ve, _g, California, is +ham+ .,ninr Yr��. �+ e� �.a _ �. — - ^_ i.r f`r+Cta County, in 16 the .State of California, and is t 17 �o k^a ^^ �n that at all times herein I . 1 mentioned, said property was and +m , --�� , _k a"e d •asd i 19 _ d by TT "'^"i *" r'T^�'� and DOES 1 through 5.awi6c. the •b6id�i:.it� 2 j 21 4 . That at all times herein mentioned, CONTRA COSTA 22 COUNTY was and now is organized and existing under and by virtue 23 of law and statute and the Constitution of The State of 24 California. I 25 5. That at all times herein mentioned, defendant DOES 26 6 through 10 were and are the agents , servants and employees of 27 said defendant, fthe COUNTY OF CONTRA COSTA, and at all times I 2$ herein mentioned, were acting within the course and scope of 2 I I their said agency al,nd employment . 2 6 . That !on or about the 3 plaintiff herein I aim or Q a pursuant to 5910 of the California 5 Government Code ; that on the said �^nL77.tm�I_ nr ranir+* r rncm* a .a ..1 L r -I 7 7. That at all times herein mentioned, the northeast 8 corner of the property known as 1 Wharf Drive , West Pittsburg, 9 hereinabove described, was owned, operated and maintained by 10 defendants, and each of them, acting by and through their agents 11 , and employees ; that at all times herein mentioned, and on or 12;.( about the 8th Day lof September, 1986, I I3 + _ _ __ a in said unincorporated area of the County 14 I and State Vie, deaspAime a d- I5 in that said .e I 16 d, zaq iads0d, and each 17 of them I 18 ms , including plaintiff herein, 19 owliw��i other 20 j , ithereby resulting in the collision for which 21 this complaint is made; that as a direct and proximate result 22 thereof, motorists lawfully using their vehicles along and upon I 23 Wharf Drive and Port Chicago Highway at said time and place 24 hereinabove named, were and are unable to adequately see and i 25 detect the presence of other motor vehicles lawfully using said i i 26 streets and were; and are highly likely to collide with other 27 vehicles or objects at said point . _ I 28 8. Tht at all times herein mentioned, defendants, anc f 3 , I I each of them, either kneka, or 2 e , l a of said intersection 3 as hereinabove described; that and each of them, 4 rI r 6 _ iseni .. 7 - 9 9 . That at all times herein mentioned, said a'{enraan+-g 10 and each of them, ; _ 12' g, aging, _ _� . g, i 13 _ eabq Vale' Semi 14 t the time and place hereinabove 15 mentioned. 16 10 . Thdt despitesaid expressed 'or implied knowledge 17 defendants , and each of them, 13 L 19 • bn and CaT'P�PacTV �nr3 nrsg�' rif=� � _ � - _-_-- S 20 said point and place as hereinabove 21 described. 22 11. That on or about the 8th Day of September, 1986, a:-: i 23 tve , 24 i of said intersection and of the 25 northeastern portion of the property as hereinabove described ani 26 of the aforesaid carelessness and negligence of said defendants ..27 and each of them, and of the failure of said defendants , and eac: 28 of them, .to exercise reasonable diligence in their duties , and 4 I the other acts and ommisisions herein alleged, the vehic le 2 was caused to and did, strike and 3 collide with another vehicle so as to proximately cause the 4 injuries hereinafter complained of , to wit : 5 g I 7 that by reason of said injuries, and each of 8 them, i , •�e:ry, .i.�s�e . d�•e eais and g plaintiff is informed and believes and therefore alleges that 10 said injuries are ; and , 11 12. That as a direct and proximate result of the 12,1carelessness and negligence of said defendants , and each of i 13Ithem, as hereinabove .alleged, plaintiff has been generally 14Idamaged in an amount within the jurisdictional perview of this 15 I court . 16 13 . That as a further direct and proximate result of 17 the carelessness land negligence of said defendants , and each 'of . 18 them, as hereinaoove alleged, and plaintiff ' s resulting injuries, 19 plaintiff has required the services of duly licensed and practici: 20� physicians and surgeons to examine, treat and care for her and 21 has incurred liabilities which at .this time are unknown to her 22 and plaintiff isl.informed and believes and therefore alleges that i 23 she will necessarily by reason of said injur3.es1 ;To1,T}�,�,- 24 —"'' ' it --iinwmt and will therefore incur further 25 liabilities , thejamounts of which at this time are unknown to her 26 and plaintiff prlays leave to amend this , her Complaint to 27 include such amounts when the same have been ascertained. 23 14 . Tlhat at the time of and for a long time prior to 5 . f 1 the happening of the aforementioned accident , 2 that e 3 i of said defendants , and each of them, 4 5 I - e 6 lie til that plaintiff i 7 has sustained and may continue to sustain damages thereby in 8 amounts which cannot be fully ascertained at this time, and 9 plaintiff prays leave to amend this , her Complaint , to include 10 the exact amount of such lost earnings when the same can be 11 ascertained. 121 15 . That as a proximate result of defendants ' 13� negligence, said :,vehicle of plaintiff' s was damaged in an amount 14 unknown to plaintiff at this time and plaintiff prays leave to 35 amend this , her Complaint , to include the exact amount of such .16 damage when the same has been ascertained. 17 WHI.EREFORE, plaintiff prays judgment against the 18 � defendants hereinabove named, and each of them, for general . 19 damages in an amount within the jurisdictional perview of this 20 court , for her medical costs according to proof, for her lost 21 earnings according to proof, for property damage according to 22 proof, for costs! of suit herein incurred and for such other and 23 further relief als the court may deem just and proper in the 24 premises. . 25' DATE: June 8, ' 1 987 26 27 C;�,Z. J GAIL A. R T H E, Attorney 23 for plaintiff 6 I 1 PROOF OF SERVICE BY .MAIL [C. C.P. 99 1013a & 2015 . 51 2 3 The undersigned declares : 4 I am a citizen of the United States and a resident of the 5 County of Sacramento. I am over the age of eighteen (18 ) years 6 and am not a party to the within-entitled action. My business 7 address is 2143 Hurley Way, ##122 , Sacramento, California 95825 . 8 On January 7th, 1988 , I served the within CLAIM FOR DAMAGES 9 on the interested parties in said action by placing a true copy 10 thereof enclosed in a sealed envelope with postage thereon fully 11 prepaid in the !United States Post Office mailbox at Sacramento, 12 California, addressed as follows : 13 Original to: Copy to: 14 Board of Supervisors Thomas A. Watrous , Esq. County of Contra Costa GORDON, DeFRAGA, WATROUS 15 651 Pine St . , Room 106 & PEZZAGLIA Martinez, CA 94553 P. 0. Box 630 16 Martinez, CA 94553 17 I declare lunder penalty of perjury under the laws of the 18 State of California that the foregoing is true and correct. 19 Executed this 7th day of January, 1988, at Sacramento 20 County, California . 21 22 4YITL� a, a en Beverly 23 i 24 25 i 26 27 28 i i CLAIM � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District gLerned by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 9 , 1988 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 Su er sors (Paragraph IV below), given-pursuant to Gov€r Mr Yc punse) Amount: $1127 . 00 Section 913 and 915.4. Please note all "Wargj,n8,s'� $ 1988 CLAIMANT: MARY ANN JAY V c/o Janathan J. Zerin, Esq. Martinez, CA 94553 ATTORNEY: Law Office Of Arnold Laub 1970 Broadway #1140 Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON January 6, 1988 BY MAIL POSTMARKED: January 4, 1988 Certified P 567 799 723 I. FROM: Clerk of the Board of Superviisors �' TO: County Counsel Attached is a copy of the above-noted claim.. EVIL gATCHELOR, Clerk DATED: January 8 , 1988 : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantlially 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 1pte and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). I ( ) Other: i I 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 unaniI mous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I I certify that this is a tiue and correct copy of the Board's Order entered in its minutes for this date. FE 9 1988 ! i� Dated: r L i 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. I AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order a Notice to Claimant, addressed to the claimant as shown (above. FEBDated: r L 10 1988 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator jRECEIVED Government Code Sections 910 to 911.2 requiz a that all cla._ms roust be presented to the Controller within 100 days from the JAN 6 1983 date of the accident. ? NOTE: This Claim Form must be submitted in duplicate, and 0�9 both copies must be signed in ink. . .. . ... ........ DO CLAIMANT'S NAME: Mary Ann Jay SOCIAL SECURITY NO. . /7 ADDRESS: P.O. Box .804 Las Bolinas, Ca. TELEPHONE: (Home) none -_ � (Work) none (Zip) ADDRESS TO WH'ltH NOTICES ARE TO BE. SENT, IF DIFFERENT FROM ABOVE: Jonathan J. Zerin, Esq. , Law Offices of Arnold Laub 1970 Broadway, Suite 1140, Oakland, Ca. 94612 ---- i (Zip) DATE OF ACCIDENT: 12-19-87_- , TIME: 9:30 A.M. LOCATION OF ACCIDENT: Alpine Dr. jopposibe 45612, San Pablo, Ca. IN WHAT DIRECTION WAS THE PUBLIC VEHICLE TRAVELING? east (UD hill) HOW �jDme ica THE ACCIDENT OCCUR? Fire VEHICLE from West County Fire District responding to emergency call going up hill onAIpi'ne Dr.wiE oust siren on-crossed center line as it came around blind curve and hit left ``frnnt of claimant's oar rlaimant wncz ilriving I DESCRIBE INJURY OR DAMAGE CLAIMED. Claimant's 1975 Ford Elite, Ca. Lic#31ONGO was totally destroyed. _ NAME. AND/OR I.D. NUMBER OF PUBLIC! EMPLOYEE(S) INVOLVED:unknown to claimant at this time. See CHP Report-Na.--j9-19-97 ng2i-nim-Ri7l TYPE AND/OR NUMBER OF PUBLIC VEHICLE• Fire truck - for further information, see CHP Report Motor Coach Trolley LRV Cable Car NAME(S) OF [:Y 1.V1LTNESS(F.S) : l ,James Eikley 5933 Alpine Dr. TELEPHONE(S) none -- is mon a. 2. _ 3.Alfred Lee, P.O. Box 804 Las Bolinas, Ca none ADDRESS(ES) OF WITNESS(ES): 1. see above 3. ITEMIZATION OF CLAIM: (List items totaling amount claimed and attach all bills, photos, esti- mates, receipts, and all other supporting documents.) 1975 Ford Elite, Ca. Lic. 4431ONGO $ 1127.00 i TOTAL AMOUNT OF CLAIM $ 1127.00 I DECLARE, UNDER PENALTY OF PERJURY, THAT THE ABOVE IS TRUE AND CORRECT. Signed by or on behalf of claimant: (R) 12/83 CL-828 CLAIM BOARD OF, SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA "laim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 9 , '1988 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, 200 . 00 Section 913 and 915.4. Please note all "W nings". CLAIMANT: ROBERT H. WANDER ETAL oUnty course, 20 Mira Monte Road ATTORNEY: Orinda, CA 94563 JAN �8 1988 Date received Mart,,tttt��EEaa�� ADDRESS: BY DELIVERY TO CLERK ON January 8 , lyt3�s'� CA ��JQ3 BY MAIL POSTMARKED: January 7 , 1988 I. FROM: Clerk of the Board of Supervisors '=TO: County Counsel Attached is a copy of the above-noted claim. January 8, 1988 I PN IL 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). I ( ) Other: I I Dated: 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 unaniious vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. FEB 9 1988 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk I 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. I 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. FEB 10 1988 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I CLAIM. TO: BOARD OF SUPERVISORS OF CUNTNA (.Ub1H _ Instructions to Claimant Return original application tc Clerk of the Board 651 pine St.. Room 106 Martinez. CA 94553 .. A. Claims gelating to causeslof 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) S. Claims must be filed with the Clerk of the board of Supervisors at its office in Room 106, County Administration Building, 6S1 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 ea'h public entity. _ E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end ortTiis form. RE: Claim by )Reser v or erk's a� f l i g stamps �ab�+ H• WmA,- W�u) EIRECEVU 071rd4114-K� U✓'k (A, p4167) AN 8 1988 Against the COUNTY OF CONTRA COSTA) p AOR or DISTRICT) T (Fillin name i ) The undersigned claimant hereby makes claimagainst the County of Contra Costa or the above-named District in the sum of $ t, 2 w • � and in support of this claim represents as follows: eee q e e eeee""ee "�eeee a ee ee a ee a ee a e e e e��e I: die"a"did"the"damage of"�In�uzy occur? Give exact date and fiourj e ecce �. e" ee eeee�eee ...,e eee�ee�.e eee a eeee e.�eeeeeeeeeeeer to ee '�:e �t�crp d:� tFie damage or In3ury occur? ZlncSude city and Bounty" of ee e e e e e r.e�e e r e e e e e e e�e "e e e ee ee ee e e eeee ee ee ee a ee 3. Bow din the damn a or in =""" g 3ury occur? ZGive �uII"details, use extra sheets if required) (?I2 16� n-e..e_ 4L-Wk c I`0-1k' C � 01v% !a 1 tt_ F.n-w► v*d .S k P��e v��-v�8z•� 'Plot �; 1 e-1 w I .-(,, 'WI a ti � An'+ At�t- e ee eee e T e e ee ee e e e e eee a e e e eeee e e ee eee a ee ee e e ee a ee �e ee caeca ' Z:"eiat particular act or omission on the part o county or distr�et officers , servants or 'employees caused the injury or damage? 0 U-,oe I'j 4+-,7 � " -fo F qum� ��wwuL Gt U-VY- (over) 5. What are the names of county or district officers, servants or' i employee's causing the damage or injury? ` S e roe a,,+ Do OL.)cv� +V Yt� -N"�n - I�' v✓�i 0�'C�'`�" �J I mwt 44414 6. What damage or ;ries do you claim resulted? TGJve JBJ1 extent of inj ries or damages claimed. Attach two estimates for auto damage C1 `DM4t;7 a,,P- 1.1 J(/ dvvy-. . ( S �.e, "�1 a w cru .Pig k-'K1tr_ A-- d 44,V1 aJSk9.) ------------------------------- -------------------------------------- -- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Ac.+u 4 , vti!1 ( C d1-t,+✓1&c4o--.— ------------- s,, b-- -------------s, you _made on account of this accident or injury: DAT fk ITEM AMOUNT 4 f tRR!lRRRRRR�.R,.�,�,�.�tRR.!*RRRRRIRIRIRRtRRR!lRIRR!!!RlRIRtRRRRRIRRIttttttlttRRR Govt. Code Sec. 910.2 provides : j "The claim signed by the claimant SEND NOTICES TO: (Attorney) by some mrson on PAs behalf. " Name and Address of Attorney A4- g,41 Ok - Clai�m�aATomnt+'.s Sig turt � P u 1 Y✓l i'-s, ' ep, - 1� i 0►-in, OLddCA, 9 ¢ SG3 Dai Telephone No. I Telephone No. E✓e - 2.r'¢- Su 2 Z ttRtttlttRRlRRRRlRRRRRlRRliRRlRRRtlt!!!!RlRRRRRRR!!t!RlttRlt!!RltttR!lRRRR 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. " Citizen's ,Cp�nalaint - Supplemental Page ,Ingrid answered th � door and a police officer told her that he had a court order to serve me from Santa Cruz County. Ingrid came downstairs and then into my office. She told me he was at the door and I asked her to tell him I was on the telephone. I make my livelihood doing sales work on the telephone in my office in my home. She went up and told the officer 1 would be on the phone for 5 minutes. He replied to her that he could only wait one minute. Ingrid then shut the door. Approximately 2 minutes later Ingrid heard the officer begin knocking and then banging on the door. After approximately 10 minutes, I went upstairs and heard the officer banging on the door-, and saw tf;)e door lock repeatedly jiggled quickly back and forth as if the officer was trying to force the lock open. The banging was very loud (as he was likely using his "nightstick" on my door) and he was yelling. My wife, baby land myself were terrified and shaking. I didn't answer the door The officer left after approximately another 10 minutes of banging and yelling. [later I inspected my door and saw 19 dents caused by this officer. i The next morning I called and spoke with Sergeant Dodson. He told me it was Deputy Burke who[ came to my home. I described the incident to him and I asked him to come and serve me with the small claims court order and inspect the damage,) He came and gave me the court order. He took photographs of the door and counted the 19 dents. He apologized to me for the incident and said that disiplinary action against Deputy Burke would occur within two weeks.' m i n U7tiv!- (� GLy►� f�' 30'�'7 Co pla na t s signature] _ Date 4-�- Complainant's signature! IIAP' Date 1 -3o - 17 l I I i a PROPIOSAL AND CONTRACT Contractors are required by law to be licensed and regulated by the Contractors'State License Board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractors' State License Board) 3132 Bradshaw Road, Sacramento, California 95827. Date: /z `zz—.77 TO />[> O Gl/G��? �°r _ Contractor's Wcense No: y�y�os i Dear Sir: The undersigned proposes to furnish all materials and perform all labor on the following described real property: necessary to complete the following work of improvement in accordance with the plans and specifications attached hereto,and by reference incorporated herewith: �J lfller�� Cex, e- . �e Clear U%/ �irc�rl"" /� ,/i�r'"�cc�ovc� c7U�", �e- l al All of the above work to be completed in a substantial and workmanlike manner according to standard practices on or before &,nl-l yoext06zu z U4' l save and except for any delays caused by strikes, Act of God, or other unforseen happenstanees over which the contractor has no control,for the sum of w-'/vc f'1'y'-6/i Y- Dollars($ Z,,wa j� ) Payments to be made /0 y l�O//f� C C�J!/G� 04- 2 7-a//I 4-my//I e.4 1,24�1 _. as the work progresses to the value of �r/fwr� Lin/Y/ �, -( w� �o)of all work completed.The entire amount of contract to be paid withinc, P / -Amp after completion. Any alteration or deviation from the above specifications Involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned In this contract. All agreements must be made in writing. This proposal shall be binding upon the contractor for a period not to exceed —7!2L 7`V! days,unless earlier revoked by written notice of revocation prior to acceptance, at which time thif proposal shall terminate automatically. No contractual rights arise until this proposal is accepted in writing. Respectfully sub 'tted, DOUBLE K CONSTRUCTION By �z General Can-fradin�g - Lic. #484805 1525 Ventura Dr., Pittsburg, CA 9,1565 ADDRESS (415) 439-7312 TELEPHONE ACCEPTANCE The above proposal is hereby accepted according to terms thereof and the owner agrees to pay the amounts mentioned in said proposal and according to the terms thereof. DATED: NOTICE TO OWNER "Under the Mechanics' Lien Lew, any contractor, modification thereof, in the office of the county recorder of the subcontractor, laborer, materialmen or other person who holps county where the property is situated and requiring that a to improve your property and is not paid for his labor, services contractor's payment bond be recorded in such office.Said bond or material, has a right to enforce his claim against your shall be in an amount not less then fifty percent (50%) of the property. contract price and shall, in addition to any conditions for the "Under the law, you may protect yourself against such performance of the contract,be conditioned for the payment in claims by filing,before commencing such work or improvement, full of the claims of all persons furnishing labor, services, an original contract for the work of improvement or a equipment or materials for the work described in sold contract. � This document N only a panoral form vehioh may be proper for use in simple transections and in no way sett,or is intended to act,as e substitute for the advIN of an attorney.The publisher does not make any warranty.either express or implied,as to the lapel validity of any orovlsion of the suitability of thus forms in any specific transaction. 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 February 9 , 1988 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $25 ,000 . 00 Section 913 and 915.4. Please note all "War'y nsel Couln-J CLAIMANT: ALFRED LEE c/o Jonathan J. Zerin, Esq. JAN 0 81988 ATTORNEY: Law Offices of Arnold Laub CA 94553 1970 Broadway #1146 Date received Martiriez' ADDRESS: Oakland, CA 946121 BY DELIVERY TO CLERK ON January 6 , 1.988 BY MAIL POSTMARKED: January 4, 1988 11 Certified P 567 799 723 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the abi ve-noted claim. HIL 9ATCHELOR, Clerk DATED: January 8 , 1988 1 �a: 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 cannotjact for 15 days (Section 910.8). ( ) Claim is not timely filed. IThe 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: j Dated: � 8Y: Deputy County Counsel � I III. FROM: Clerk of the Board i 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 I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. p Dated: FEB 9 1988 PHIL BATCHELOR, Clerk, By Deputy Clerk I 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 attorneylof your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. I 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 claimantasshown above. Dated: FEBr 1 19$8e BY: PHIL BATCHELOR by , V:2�—&.Deputy Clerk CC: County Counsel I County Administrator i CEIVED I I Government Code Sections 910 to 911.2 requite that � q all cld..ms J A N 6 1988 must be presented to the Controller within 100 days from the date of the accident. NOTE: This Claim Form must be submitted in duplicate, and ey both copies must be signed in ink. DO NOT WRITE IN THIS 9PTCE CLAIMANT'S NAME: Alfred Lee _ SOCIAL SECURITY NO. : 548-08-1870 ADDRESS: P.O. Box 804 Las Bolinas, California TELEPHONE: (Home) none _— (Work) (916) 527-9997 __ (Zip) ADDRESS TO WH1CH NOTICES ARE TO BE. SENT, IF DIFFERENT FROM ABOVE: Jonathan J. Zerin, Esq. , Law1offices of Arnold Laub 1970 Broadway, Suite 1140, Oakland, Ca. 94612 ---12-19-87 I (Zip) DATE OF ACCIDENT: _ TIME: 9:30 A.M. I LOCATION OF ACCIDENT: Alpine Drive opposite #5612, San Pablo, California IN WHAT DIRECTION WAS THE PUBLIC I VEHICLE TRAVELING? East (up hill) HOW DID THE ACCIDENT OCCUR? Fire truck from West County Fire District responding to medical emergency 'Call going up hill ori Mp-1-nne�rive wit i'-Tu—si en on crosse , cen er line as i came ground a h1;nr1 riir��a and }�1r th0 left front ^---f the czr-ip which claimant was a frnnt coat passenger. i DESCRIBE INJURY OR DAMAGE CLAIMED• soft tissue injuries to claimant's right shoulder, right arm, right leg, back and neck. Further-details are not known to claimant at tftls time, jE lln_ dergn;na treatment_ NAME AND/OR I.D. NUMBER OF PUBLIC EMPLOYEE(S) INVOLVED: unknown to claimant at this time. See CHP report No i -19-U- 092II-ni7n-sI7A _ i TYPE AND/OR NUMBER OF PUBLIC VEHICLE: Fire truck - for further information, see CHP report Motor Coach Trolley LRV Cable Car i NAME(S) OF EYEVILTNESS(ES): I .James Eikley 5933 Alpine Dr. TELEPHONE(S) none 2. Richmond, Ca. 3_Mary Ann Jay P.O. Box 804 Las Bolinas, Ca. none I ADDRESSES) OF WITNESS(ES): 1, see above 3. ITEMIZATION OF CLAIM: (List items totaling amount claimed and attach all bills, photos, esti- mates, receipts, and all other supporting documents.) Brookside Hospital i $ unascertained F. Thomas Webb, D.C. $ unascertained other medical treatment not yet received $ unascertained lost earnings $ unascertained TOTAL AMOUNT OF CLAIM �,-2-�,000.00 I DECLARE, UNDER PENALTY OF PERJURY, THAT TH ' ABOVE I RU . C RAF.CT. Signed by oreon bhalf of claimant: LL llldzy-�k (R) 12/83 ;'� ' CL-828 CLAIM /1112/ BOARfi OFA SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against"the County, or District governed by) BOARD ACTION rthe Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT February 9 , 1988 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: $250. 00 Section 913 and 915.4. please note q7..11 O'Ugjn 011nSel CLAIMANT: MICHAEL DANA CLARKS ON ti ti c/o Thomas Vernon JAN 13 1988 ATTORNEY: 1713 Prince Street Beaufort, South Carolina Date received Martinez, CA 94553 ADDRESS: 299102 BY DELIVERY TO CLERK ON January 11, 1988 BY MAIL POSTMARKED: January 5 , 1988 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Januar 12, 198$ PpHHIL BATCHELOR, Clerk DATED: y BY: Deputy , L. Hall II. FROM: County Counsel i 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: BY: Deputy County Counsel 1 III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimiely with notice to claimant (Section 911.3). 1 IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a trIue and correct copy of the Board's Order entered in its minutes for this date. Dated:—FEB B 9 1988 I PHIL BATCHELOR, Clerk, By Deputy Clerk I 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. I You may seek the advice of an attorneylof your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. i 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 ceitified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: FEB 10 198$ i BY: PHIL BATCHELOR by Ir eputy Clerk CC: County Counsel County Administrator l i i w Ci.,P, ..T0, BOARD OF SUPERVISORS OF CONTRA C ON_*, :#tWapplication to: _ Instructions to ClaimantC!erk of the Board P.O.Boxgll Martinez.California 94553 A. Claims relating to causes *of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. ' 'Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause _ of...action. (Sec. 911.2, Govt. Code) -B. Claims must be filed with the Clerk of the Board of S eryxsgrs at its office in Room 106, County Administration Buil 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 .Distr;ct%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 Coadec:72 at end o this form. RE: Claim by I )ReserFRE g stamps Y E�Against the COUNTY OF CONTRA COSTA) 11988or I DISTRICT) '�vdmF1 in name' , The undersigned claimant hereby makes claim against t1ke County of Contra Costa or the above-named District in the sum of $ j}; Or - and in support of this claim represents as follows: did the damage 'or r.Jury occLr? (Give exact date and hour] rn-\_ �0 e be r bra, . -t--1�� r-�� -r� ,o wy : �. W�iere did-tie damage or injury occur? (Include city and. county) _ � CA— c_>,o. s fi ��... �vu�� Su. Go u R t S ?� `x �xfZt � Z CA- 6t 3 . ----——------—----—-----�——T—T----—-------——--—— 1 3. How did the damage or in3ury occur? (Giveu� deters, use extra _a sheets if required) !Gl/ ,r., ,�.��/S, t-c� � -, d c�-t o n -� Gv e, •7- e -e AL1 Y G to tf, �� !�� c, est�, c< <- T G'✓u-S /1 a Feu-i1c-(i� —--————--—�, •—--------——�—----T—— ------------------------------ T— ---- 4. What particular actor omission on the part of county or Kris --T—t- officers, servants or employees caused the injury or damage? ' /30 0✓I a,�d dC eoO/LdS wQ-v22 R��h - �.. 5 (over) �R%e'�'P.!-•.. -- -,:r a..r_5..r.. ..i. :.:ai,.w.a.�s.�—...:•...,r:..[.+::y.%v:. •.irw::. aMOrrbk+er:.a.:.rdi�- :e� S. What are the names of county or district officers, servants or employees causing the damage or injury? v�(7v�'t Grh aGty jr-' waw //U17— Ohm_ z c fv:^Z�` d 2 n 'NIk' c.l07�if�y ry rti� w(�ehs �¢Rsd�'1 6. What damage or injuries do you claim resulted? ZGive—full extent of injuries of damages claimed. . Attach two estimates for auto v ( h - --_ amage) y /.Vt t_S` Fon mzO 7. How was the amount claimed above computed? (Include the estimated amount of any pros ective injury or dame.) • �C/- rtvn-r dor rc�.S . o 674-c �-r A-1 o B. I�Tames and addresses� of witnesses, doctors and hospitals. _ orn -------1-----lam l--------��T-Ire-T--r-! T�T��I� ;t.;.. 37 List the e*pen ditureS you made on account of this accident or--- r injury: `'. ITEM AMOUNT 70, oG E�c�K: SGr c w ` y:cn I Govt. rode Sec. 910.2 provides: 'The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. ",-- ..A. Name end 'Address of Attorney Claimant's Si ature IWO q' 7/3e_ A--c ,Fc(� S� Addrest met K Gd- a Telephone No.CLO3) 5_25'' '771d Telephone No. w*�*�e��r��*♦��*w�st��fiett�tr��tw*tr*:*�t�rrt*t*t�***w*�*�+r�ftttirt:,��ta�**�* '•� NOTICE , . I Section 72 of the PenaliCode provides: 'Every.person who, Ivith 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." H11�LV1Jt;1J � �j/ CLAIM �L '• #UARD 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 February 9 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. 1 ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code A=unt: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: HEIDE & WILLIAMS, INC. County Counsel c/o Jeffery L. Borsuk, Esq. ATTORNEY: Law Offices of Pandell & Novich JAN 2 9 1988 101 Ygnacio Valley Road #401 Date received Ma � , gd ADDRESS: Walnut Creek, CA 95696 BY DELIVERY TO CLERK Ot� aI , 1988 CC BY MAIL POSTMARKED: January 23 , 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �qIL gATCHELOR, Clerk DATED: January 29, 1988 : Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors XThis 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). I ( ) 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). I ( ) Other: I Dated: BY: &&�eputy County Counsel I III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) I ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I IV. BOARD ORDER: By unanimous vote of the Supervisors present ✓/ I ( ) This Claim is rejected in full. ( ) Other: I I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. FEB 9 1988 1 Dated: PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you havelonly 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. i 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: E E B 10 1988 `4 BY: PHIL BATCHELOR by • Deputy Clerk I CC: County Counsel County Administrator aunty �pN 2 PANDELL &NovICH CA 94553 ia�tin�z, ATTORNEYS AT LAW LEE J. NOVICH 1 YGNACIO PLAZA. SUITE 401 SAN FRANCISCO OFFICE JANE CURRAN PANDELL 101 YGNACIO VALLEY ROAD 44 MONTGOMERY STREET JEFFERY L. BORSUK WALNUT CREEK. CALIFORNIA 94596 SUITE 2660 SAN FRANCISCO.CA 94104 TELEPHONE:14151 746-8800 TELEPHONE:14151 4 3 4 13 41 TELECOPIER:(4151933-412 6 January 22, 1988 Ms. Mary Anne McNett Deputy County Counsel Office of the County Counsel Countv of Contra Costa P.O. Box 69 Martinez, CA 945513 Re: Turtle Creek Master Association vs. County of Contra Costa, et al. Contra Costa County Action No. 265672 My Client: Cross-defendant Heide & Williams, Inc. Dear Ms. McNett: With reference to our recent telephone conversation, please find enclosed a copy of the court's pre-trial order which verifies that all parties are deemed to have cross-complained against each other, and are deemed to have filed a general denial to all such fictitous cross-complaints. With this in mind I ask that you now pass on my claim to the Board of Supervisors as being sufficient so we can undoubtedly be rejected and this matter proceed to trial. Thank you for your, anticipated courtesy and cooperation in this regard. Very truly yours, i PANDELL & NOVICH Jeffery L. Borsuk JLB/cs Enclosure RECE IVED _. J A N *-"I" CLE .• flOi131{1 M.A"i.13.SI•�, 1 OCT z r i-o;. ORDER PREPARED BY: •. 135- CALENDAPIEO 2 STEVEN S. WEIL, ESQ. - ABEND. BERDING i JACOBSON 3 2173 Ygnacio Valley Road d P..0. Box 9355 n 4 Walnut Creek, California 94598-0955 �� i 5 (415) 947-60401 Attorneys for Plaintiff 7 � � OSBOE 8 SUPERIOR CIOURT OF CALIFORNIA. COUNTY OF CONTRA COSTA 9 I . 10 TURTLE CREEK MASTER No. 265672 ASSOCIATION. a California 11 Non-Profit Corporation, 6 PRE-TRIAL ORDER NO. 1 '12 Plaintiff, 13 V. 14 COUNTY OF CONTRA COSTA, CITY OF CONCORD, CITY OF WALNUT 13 CREEK, PRESLEY OF NORTHERN CALIFORNIA. ROE ENGINEERING 16 COMPANY, and DOES 1-100, inclusive, 17 Defendants. 18 / i 19 AND RELATED CROSS-ACTION. I / f 20 f 21 This matter having been assigned by the Presiding Judge to the 22 Honorable Richard L. Patsey, pursuant to California Rule of Court 213. for 23 status and settlement proceedings, and good cause appearing. 24 IT IS HEREBY ORDERED: 25 1. Scope of Order. This Pre-Trial Order No. 1, as may be modified 26 'and supplemented 1 by further orders of this Court, shall govern all further 27 status and settlement matters in this action. 28 1 2. Single Assignment. In accordance with the Court's singlei 2 assignment of this matter, pursuant to California Rules of Court 213, Judge! i 3 Patsey will be responsible for all status. and settlement conferences herein. 4 � I 3. Insurance Information. S � (a) o later than August 15, 1987, all parties, shall submit to 6 all other parties a written statement identifying all primary and excess insurance 7 carriers which are 'providing or may provide coverage to them on this risk. I 8 That statement shall include the name and address of each insurance carrier, 9 policy number, type of policy, effective dates, policy limits, identity of all' t 10 named insureds and 'whether such carrier has issued a reservation of rights. 11 (b) Any new parties brought into this action subsequent to the c 6 12 entry of this order shall have thirty (30) days subsequent to their first, 13 appearance to serve) their statement of insurance information. 14 4. Pleadings. 15 (a) IAII or , existing' and cross-complaints against new orexisting' � I 16 parties shall be filed and served no later than November 30-, 1987. A copy of! 17 this Order and anyl subsequent Pre-Trial Orders shall be served upon each new 18 party at the same time as service of the pleading. Any party to the action at 19 the date of entry of this Order may name additional parties after November 30, I 20 1987 only upon a noticed motion and showing of good cause made to the Court. ; 21 Any party brought I into the action subsequent to the date of entry of this Order 22 may, within sixty' (60) days of service upon them, bring in parties not 23 previously named without motion, and thereafter only upon noticed motion and 24 showing of good cause. i 25 (b) No extension of time to answer shall be granted by any 28 • counsel or any party on any further pleadings filed and served except upon 27 order of the Court: 28 � 2 I I i 1 (c) 11t shall hereafter be deemed that: (1) all .defendants and; i / 2 cross-defendants have filed cross-complaints for implied equitable indemnity and 3 for a determination of comparative negligence against all other defendants and 4 cross-defendants; (2) all allegations of such cross-complaints are generally) S denied; and (3) all those affirmative defenses listed in Exhibit "A" hereto are 6 deemed raised in response thereto. Any complaint or cross-complaint by any 71 party other than f6r implied equitable indemnity or comparative negligence and 8 any answer raising an affirmative defense not listed in Exhibit "A" must be i 9 separately pled and answered. 10 5. Early Settlement Conferences. On a date to be determined by the 11 Court, the Court. after discovery is completed, will consider conducting). 12 mandatory settlement conferences, which shall continue from time to time' 13 thereafter at the discretion of the Court. All counsel and their principals will I 14 be required to attend with authority for settlement. The parties' consultants j 15 may be required to attend at the discretion of the Court. 16 6. Mandatory Status Conferences. At such times) as the Court t i 17 deems necessary. all parties shall attend Mandatory Status Conference(s) before; 18 the Court. Conferences may be set upon request of counsel. i 19 7. Discovery Cut-off. All discovery shall be completed not later than j 2(1 February 1, 1988.] i 21 8. Disclosure of Experts. On February 15, 1988, all parties shall file! I 22 and serve upon all other parties a statement disclosing the experts they may call 23 at trial. In addition to the requirements of Code of Civil Procedure, Section 24 2037, et seq. . each party shall designate each subject area in which each expert 25 may be called to testify. Failure to timely disclose such experts shall preclude 26 ' their use at trial except pursuant to Court order upon a showing of good cause. 27 Depositions of experts shall be completed by April 1, 1988. 28 3 1 9. Exchange of Written Expert Reports. On February 15, 1988, all: 2 parties contemplating the use of direct expert testimony shall prepare and serve' 3 all expert reports on all other parties. The term "report" includes without 4 limitation, all . written summaries, compilations, calculations, computations, 5 findings, conclusions, opinions, recommendations, estimates, proposals, and any 6 form of photographic, video, audio or graphic displays. Failure to produce such 7 reports on or before the scheduled date for exchange will bar the use of any 8 such report and cause the exclusion of any evidence based thereon at ,trial, 9 absent an order of the Court upon a showing of good cause. 10 10. Trial. Trial b u y jury, unless waived by all parties, shall be held 11 on June 6, 1988. ' 12 SEP 16 t98T1 13 Dated: 1987 i I 14 L. PATSEY ' The Honorable Richard L. Patsey 13 Judge of the Superior Court 16 17 18 j 19 20 21 22 23 24 25 26 ' 27 28 4 i 1 Approved as to form: 2 GORDO eFRAGA1, WATROUS a PiCZZAGLIA, INC. 3 I 4 - By � S Attorneys for City I C ord 6 I 7 CAPPS, STAPLES, WARD, HASTINGS a DODSON 8 9 BY I 10 Attatneys for County of Contra Costa 11 ARCHER, McCOMAS & LAGESON 0 6 . 12 13 By 1 14 Attorneys for 1 f N ern C 'forma ! 15 le WYMA BAUTZER' CHRIST CHEL • SILBERT 17 . 18 By 19 Attorne s r Presley o Northern California 20 RINMHENSON i LANE 21 22 By 23 Attorneys for Bryan ryas Murphy Associates 24 25 ROSE & KORNHAUSER -r, 28 ted•-Xfta;• sq. 27 Attorneys for Anthony M. Guzzardo • Associates 2 I 5 \ r : • 1 • ! I 1 AFFIRMATIVE DEFENSE � I 2 1. This cross-complaint. and each cause of action thereof. fails to 3 state facts sufficient to constitute a cause of action against this answering I 4 cross-defendant. j 5 2. This cross-complaint, and each cause of action thereof, is barred ' 6 by the statutes of limitation set forth in the California Code of Civil 7 Procedure, commencing with Section 335 and continuing through Section 349.4. ' 8I more particularly, b't not limited to, the following: Section 337(l), Section � 9 337.1, Section 337.15, Section 338, Section 339, Section 340, and Section 343; 10 and by Sections 2607(3)(x) and - 2725(1) and (2) of the Uniform Commercial 11 Code of the State of i California. 6 12 3. Cross complainant has unreasonably delayed in bringing this 13 action to the prejudice of this answering cross-defendant and is therefore 14 • barred from bringing this action by the Doctrine of Laches. 15 4. Cross complainant is at fault in and about the matters referred ' 16 to in the cross-co(plaint, and such fault on the part of 'cross-complainant `. I 17 proximately caused and contributed to the damages complained of. if any there 18 are. This answering cross-defendant further alleges that any fault not 19 attributable to said, cross-complainant was a result of fault on the part of ! 20 persons and/or entitles other than this answering cross-defendant. Such fault 21 bars and/or proportionally reduces any recovery by cross-complainant against + 22 this answering cross-defendant. I 23 5. Should cross-complainant recover damages from this answering 24 cross-defendant, this answering cross-defendant is entitled to indemnification, 25 either in whole or, in part, from all persons or entities whose negligence 26 * and/or fault proximately contributed to cross-complainant's damage, if any 27 there are. 28 Page 1 EXHIBIT "A" i I 1 6. Cross-complainant directed, ordered, approved and/or ratified j . 2 cross-defendant's conduct, and cross-complainant is therefore estopped from 3 asserting any claim based thereon. 1 4 7. Cross I complainant has failed and neglected to use reasonable i I S care to minimize and mitigate the losses, injuries and damages complained of, if 6 any there are. 7 8. This cross-complaint, and each cause of action thereof, is barred 8 by virtue of cross(complainant's conduct in causing the damages alleged by 9 plaintiff under the Doctrine of Unclean Hands. 10 9. Prior to the commencement of this action, this answering y 11 cross-defendant duly performed, satisfied and discharged all duties and 12 obligations it may have owed to plaintiff and/or cross-complainant arising out 13 of any and all agreements, representations or contracts made by it or on 14 behalf of this answering cross-defendant, and this action is therefore barred 13 by the provisions of California Civil Code, Section 1473. 16 10. Plaintiff, cross-complainant and others related 'to this answering 17 cross-defendant modified, altered, abused and/or misused the materials and/or 18 equipment provided by this cross-defendant, and such conduct caused and/or 19 contributed to they damages which are alleged in this lawsuit. 20 11. By! the terms of its contract, this answering cross-defendant is I 21 not responsible i or the method or means of construction used by the 22 contractor, nor 1 is this answering cross-defendant responsible for the 23 contractor's failure to carry out the work in accordance with the contract .24 documents. 25 12. This cross-complaint, and each cause of action thereof, is 26 •barred by the following provisions of the Uniform Commercial Code: Sections • 27 1201(25)(c), 2601, 2602(1), 2513(1) and (3), 2510(1), 2605(l)(a) and (b) , 28 26060)(a) and (b), 2607, 2715(2)(x), and 2719(3). i Page 2 EXHIBIT "A" +I i 1 13. . This' cross-complaint, and each cause of action thereof. is 2 barred by the provisions of the California Civil Code Section 2784.5. 3 14. This cross-complaint, and each cause of action thereof, fails to 4 state cause of action against this answering cross-defendant as there is no S privity between cross-complainant and this answering cross-defendant. 6 15. This cross-complaint. and each cause of action thereof, fails to 7 state a cause of action against this answering cross-defendant since 8 cross-complainant failed to give timely and proper notice, of any breach of 9 warranty. 10 16. Cross-complainant acted with full knowledge of all the facts and 6 11 circumstances surrounding its alleged injuries and damages, and thus assumed 12 the risk of its injuries and damages, if any there are. 13 14 15 16 i 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 EXHIBIT "A" I PROOF OF SERVICE BY MAIL - CCP 1013a. 2015.5 % 2 I declare that: i 3 1 am employed in the county of Contra Costa, California. I am over 4 the age of eighteen years and not a party to the within cause; my business 5 address is the Law Offices of Abend. Berding 6 Jacobson. 2173 Ygnacio Valley 6 Road, Walnut Creek, California 94598-0955. On November 4, 1987, I served the 7 within: 8 PRE-TRIAL ORDR NO. I 9 on the attorney(s) of record in said action by placing a true copy thereof 10 enclosed in a sealed envelope with postage thereon prepaid for FIRST CLASS in 6 11 the United States mail at WALNUT CREEK, CONTRA COSTA COUNTY, 12 CALIFORNIA. addressed as follows: 13 * * SEE ATTACHED LIST 14 I declare under penalty of perjury under the laws of the State of 15 California that the foregoing is true and correct, and that this declaration was 16 executed on November 4, 1987, at Walnut Creek, California. 17 18 19 --L�JCINDA CAMPBELL- 20. 21 22 23 1 24 25 28 27 28 w 1 TURTLE CREEK MASTER ASSOCIATION.. INC. v. COUNTY OF CONTRA COSTA 2 J i 3 Timothy J. Ryan, !Esq. Gordon, DeFraga, Watrous 4 t Pezzaglia, Inc. (CITY OF CONCORD) P. O. Box 630 S Martinez, CA 94553 . (415) 228-1400 6 J. Lucian Dodson, III, Esq. 7 Capps, Staples, Ward, Hastings t Dodson (COUNTY OF CONTRA COSTA) 8 P. O. Box 5607 Walnut Creek, CA: 94598 9 (415) 939-4411 10 Timothy M. McMahon, Esq. (PRESLEY OF NORTHERN 6 Archer, McComas a Lageson CALIFORNIA) ' 11 2033 North Main Street, Suite 800 P.O. Box 8035 12 Walnut Creek, CA 94596 (415) 930-6600 13 Terry D. Avchen, Esq. (PRESLEY OF NORTHERN 14 James H. Berry, Jr. CALIFORNIA) Wyman, Bautzer, Christensen, 15 Kuchel • Silbert Two Century Plaza, 14th Floor 16 2049 Century Park East Los Angeles, CA 90067 17 (213) 556-8000 18 Timothy Lane, Esq. (BRYAN MURPHY ASSOC.) Ring, Athey, Hanson i Lane 19 1437 N. Broadway P. O. Box 97 20 Walnut Creek, CA 94596 (41$) 935-0550 21 Fred Rose, Esq. (ANTHONY M. GUZZARDO 22 712 Sansome Street ASSOCIATES) San Francisco, CA 94111 23 (415) ,981-6281 24 Larry Rothman, Esq. (CCaR MANAGEMENT INC.) 14140 Beach Blvd. , Suite 106 25 Westminster, CA 92683 4714) 895-3308 26 27 r