HomeMy WebLinkAboutMINUTES - 03151988 - 1.15 CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) ARD ON
the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT March 15 , 1988
The copy of this document wiled to you is your notice of
and Board Action. A11 Section references are to } the action Laken on your claim by the Board of Supervisors
California Government Codes. )
(Paragraph IV below), given pursuant to Goverment Code
Amount: Unspecified Section 913 and 915.4. leas@ irate all •Warnings•.
p "li` 0i3,Sz
C L.,
CLAIMANT: JOHN A. FLOUBERTJ
5534 Michigan Blvd. F VE D � ' 19. 3
ATTORNEY: Concord, CA 94530 Ne rtinez, CA 94553
Date receiv February ADDRESS: BY DELIVERY TO CLERK ON Fey 18 , 1988 hand del .
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: February 19 , 1988 JVIL a:TCVELOR• Clerk
PuTy
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: i BY: �'U i+� " 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 date.
MAR 15 1988 /;Deputy Clerk
Dated: PHIL BATCHELOR, Clerk. 8y
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare ,under penalty of perjury that I am now, and at all times herein mentioned. have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez.
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 2 3 1988 BY: PHIL BATCHELOR by uty Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. - Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911. 2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez , CA 94553 (or mail to P.O. Box 9.11, Martinez, CA)
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity.
E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end
of this form.
RE: C _,Aim by ) Res ling stamps
RE
) i8 �saa.
Against the COUNTY OF CONTRA COSTA) FEBB 1 19
PHIL BATCHELOR
or DISTRICT) CLERK OARC ?J,9LIPERVISORS
(Fill in name) ) B p NTRA s co.
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $
and in support of this claim represents as follows: , A / 0 aov
---------------------------------------------------vY --__J__--------
1. When did the damage or injury occur? (Give exact date and hour)
/71 /�ICP7
--- -- ------
Wh
ere ie damage or injury occur' (Include city and county)
Arn_�0--p;X_�/ -� / 0~10164 dcj
--------------------------------------------------------T---------------
d
3. How did the amage or injury occur? (Give full details, use extra
sheets if requ' ed)
------------------------------------------------------------------------
4. What particular act or omission on the part of county or district
offi rs , servants oemployees cau d the inju or da age?
(over)
I.S.• `What are the names of county or district officers,�-servants,2or-p
• T employees causing the damage or injury?
-------------------------------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent
of injuri or damages clamed. Attach two es 'mates for auto
damage)
� J
7. How was the' amo nt claimed above com I-dInclu�-t� stimated
amount of an prospector d age. ) -
�S/E ..��n3ury
i
----------------------- -------- -------------------------- -------------
8. Names and addresses of witnesses doctors and hospitals.
9. Llit=t'i FCr 3E7lfff-tT,reiiyou made on account of this accident or injury:
:DATE. ° 5,.V .. 1 ITEM � AMOUNT
lap, s
3 - . A
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
C mant's Si ure
Address
Telephone No. Telephone No. 6 72 /-2cP0
**************************************************************************
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer; or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
CLAIM
KG RD er SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Clain, Against the County. or District governed by) BOARD ACTION
the Beard of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT March 15 , 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: $493 . 00 Section 913 and 915.4. Please note all •Warnings".
C::Ulrlty Counsel
CLAIMANT: JERRY RICHARDSON
c/o Leslie Caldwell FEB 1 i96t3
ATTORNEY: 610 Court Street � `tIFIZ, �A 945;,3
Martinez , CA 94553 Date rete
ADDRESS: BY DELIVERY TO CLERK ON February 18 , 1988
BY MAIL POSTMARKED: February 16 , 1988
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. 7
DATED: February 19, 1988 PIL gA: DeputTCHELDR. Clerk
y
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
(/k] This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.6).
( ] Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: 'i }' BY: 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 date.
Dated: MAR 15 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.
MAR 2 3 1988
Dated: BY: PHIL BATCHELOR byV9:�I"1 _4�LpeWy Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CORrARWYapplicationto:
Instructions to ClaimantVerk of the Board
.0.Box 911
-� 'Martinez.Californla 94553
A.. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. - Claims relating to any other cause of action must be
presented not later than one year after the accrual of ,the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106,. County Administration Building, 651. Pine
Street, Martinez, California 94553. _
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the DistriCtashould be filled in.
D. If the claim is against more than one public entity, separate claims
trust be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72-'at end
his form.
RE: Claim b )Reserved Qlewuls 04.1-4a amps
RECEIVED
le,
FEB 1 ; 1988
Against th CO T OF CONTRA COSTA)
CLERK BOARD OF SUPERVISORSor CMUC4,4 A(,JLJr9ISTRICT) coHr�ncos co.
(Fill in name)
The undersigned claimant hereby makes claim againsta County of Contra
Costa or the above-named District in the sum of $-y--t _�
and in support of this claim represents as follows:
�.- When did the damage or injury occur? (Give exact date and hour]
1 . (�q - B5- 2- -
r•!! !.r!cau!--lnty�
r ' .
'�: W�iere did tae damage or snjury occur? {Include city and
3. How did the damage or injury occur? Give-�u-ll �eta�I's, use xtral .
sheets if required)
r
�;o �
--------------�!!.r-!!..-!!!!�-1------------------r---�r-----
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
PR. FOE771
(over)
S. What are the names of county or district officers, servants or ,
employees -causing the damage or injury?
6. What damage er �n3 eFEE;RE-777
of injuries 4 damages claimed. Attach .two estimates for auto
damage)
7. How was the amount claimed above computed? ?Include the estimate
amount of any prospective injury or damage.)
u. 10L:5U
___________________________________M_-__-------------
8. Names and addresses of witnesses, doctors and hospitals. .
�. List the expenditures you made on account of this accident or injury:
DATE ITEM
AMOUNT
36
Govt. Code Sec. 910.2 provides:
"The claim. signed by the claimant
SEND NOTICES TO: (Attorney) or by some p=son on his behalf."
U I
Nam and Addre s of Attorney
LjE LtjGI��LL C ant's Signature�2
G�1Q_T STS
Address
Telephone No. Telephone No. 0269. 22 915(
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, * or to any county, town, city
district, .ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
CLAIM //5
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County. or District governed by) tOARD ACTION
the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT March 15 , 1988
and Board Action. All Section references are to ) The copy of this document wiled to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unspecified Section 913 and 915.4. Please note all •Warnings•.
C:.unty COunsal
CLAIMANT: MICHAEL SCOTT TMORCOM
c/o Michael J. 1,1arkowitz , Esq. FED 1 �gg8
ATTORNEY: Thiessen, Ga-en & McCoy
279 Front Street Date WAOWNZ, CA 94553
ADDRESS: Danville , CA 94526 BY DELIVERY TO CLERK ON February 16 , 1988
BY MAIL POSTMARKED: February 12 , 1988
Certified P 064 665 021
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. ^
DATED: February 17 , 1988 IVIL ReATTCYELOR, Clerk
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
(� This claim complies substantially with Sections 910 and 910.2.
(��) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: ' %; /`:,, BY: ��l��i,c�.;,_.., //N'�` 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 date. >
MAR 15 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 wail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez.
California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
MAR 2 3 1988
Dated: BY: PHIL BATCHELOR by puty Clerk
CC: County Counsel County Administrator
A
WILLIAM E. GAGEN, JR. to
MICHAEL J. MARKOWITZ
THIESSEN, GAGEN & MCCOY
A Professional Corporation
3 279 Front Street
Post Office Box 218
4 Danville, California 94526 'LEA Do
Telephone: ( 415) 837-0585
5 ey
Attorneys for Claimant
6
7
8 BEFORE THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
9
10
11 MICHAEL SCOTT MORCOM, No.
12 Claimant, NOTICE OF CLAIM AND
CLAIM FOR PERSONAL
13 VS. INJURIES
[Gov. Code §910)
14 COUNTY OF CONTRA COSTA AND
COUNTY OF CONTRA COSTA EMPLOYEES
15 DOES 1 through 10, inclusive,
16 Defendants.
17
18 TO THE COUNTY OF CONTRA COSTA AND COUNTY OF CONTRA COSTA
EMPLOYEES DOES 1 THROUGH 10, INCLUSIVE:
19
20 You are hereby notified that MICHAEL SCOTT MORCOM claims
21 damages from the COUNTY OF CONTRA COSTA in accordance with the
claim asserted hereinafter .
22
1. CLAIMANT:
23
MICHAEL SCOTT MORCOM.
24 4072 Cowell Road
Concord, CA 94518
25
26
LAW OFFICES 68-19172
AIESSEN,GAGEN&MCCOY
A PROFESSIONAL
CORPORATION
279 FRONT STREET
)ANVILLE,CA 94526
TEL.837-0585
1 2. SEND NOTICES TO:
2 MICHAEL J. MARKOWITZ, ESQ.
Thiessen, Gagen & McCoy
3 A Professional Corporation
279 Front Street
4 P. 0. Box 218
5 Danville, California 94526
6 3 . DATE OF INJURY: NOVEMBER 12, 1987.
7 4 . LOCATION OF INJURY/ACCIDENT: Viking Drive at its
8 intersection with Ruth Drive, Pleasant Hill, Contra Costa
9 County, California.
10 5. HOW ACCIDENT/INJURY OCCURRED:
11 At approximately 12: 50 p.m. , Claimant, who was
12 proceeding eastbound on Viking Drive was struck by a vehicle
13 coming southbound on Ruth Drive in the intersection of Viking
14 and Ruth Drives. Claimant 's injuries were caused when the motor
15 scooter he was driving ran into a pickup truck being driven by
16 FRANK ARTHUR GABER, JR. , after Mr . GABER' s pickup truck
17 proceeded from the stop sign, located at the intersection of
18 Viking and Ruth Drive, blocking the eastbound lanes of Viking
19 Drive preventing the Claimant from proceeding on Viking and
20 causing the Claimant to run into the side of Mr . GABER's
vehicle.
21
22 It is the Claimant ' s belief and contention that the
23
intersection at Viking and Ruth Drives is not properly main-
24 tained in that no caution light or traffic signal is present to
25 insure sufficient time for vehicles crossing Viking Drive on
26 Ruth Drive to safely proceed through the intersection, thereby
LAW OFFICES 68-19172 -2
HIESSEN,GAGEN d McCOY
A PROFESSIONAL
CORPORATION
279 FRONT STREET
DANVILLE,CA 94526
TEL.837.0585
1 creating a situation where drivers on Viking Drive would be
2 helpless in avoiding vehicles proceeding from the stop signs on
3 Ruth Drive across Viking Drive.
4 It is the Claimant ' s further belief and contention that
5 the COUNTY OF CONTRA COSTA AND COUNTY OF CONTRA COSTA EMPLOYEES
6 DOES 1 through 10, inclusive, had a responsibility to maintain
7 the intersection at Ruth and Viking Drives. By failing to
8 provide the appropriate cautionary lights or traffic signals at
9 that intersection, the COUNTY OF CONTRA COSTA AND COUNTY OF
10 CONTRA COSTA EMPLOYEES DOES 1 through 10, inclusive, further
11 failed in their duties by not adequately warning drivers on
12 Viking Drive that vehicles will be crossing at its intersection
13 with Ruth Drive.
14 A copy of State of California Traffic Collision Report
15 No. 87-20171 is attached hereto as Exhibit "A" and made a part
16 hereof .
17 6 . INJURIES.
18 As a result of the accident, Claimant suffered multiple
19 injuries, including, but not limited to, cuts, scrapes, loss of
20 consciousness, and extensive head and brain injuries. Medical
21 attention for said injuries continues to date.
22 7. PROPERTY DAMAGE/LOSS:
23 Property losses are unknown at present .
8. WAGE LOSS:
24
25 Claimant ' s potential present and future wage losses are
26 unknown at present .
LAW OFFICES 68-19172 -3
HIESSEN,GAGEN&McCOY
A PROFESSIONAL
CORPORATION
279 FRONT STREET
MANVILLE,CA 94526
TEL.837-0585
1 9. DAMAGES:
2 Total damages are unknown at this time but will exceed
3 the jurisdiction of the Municipal Courts.
4 Dated: February 12 1988
5 THIESSEN, GAGEN & McCOY
A Professional Corporation
6
7
8 MICHAEL J. MARKOWITZ
Attorneys for Claimant
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-4-
LAW OFFICES 68-19172
HIESSEN,GAGEN&MCCOY
A PROFESSIONAL
CORPORATION
279 FRONT STREET
DANVILLE,CA 94526
TEL.837-0585
DECLARATION OF SERVICE BY MAIL
I , the undersigned, declare:
That I am a citizen of the United States, over the age of
eighteen years, and not a party to the foregoing action; that my,
business address is 279 Front Street, Danville, California;
that I am -readily familiar with the business ' practice for
collection and processing of correspondence for mailing with the
United States Postal Service; that the correspondence is
deposited with the United States Postal Service that same day in
the ordinary course of business .
That on February 12, 1988 I served copies of
the within NOTICE OF CLAIM AND CLAIM FOR PERSONAL INJURIES
by placing them in the envelopes addressed as follows:
Board of Supervisors
County of Contra Costa
651 Pine Street
Martinez, CA 94553
(First Class and First Class, Certified Mail , Return Receipt
Requested)
which envelopes were sealed and placed for collection on the
above date following ordinary business practices, postage
prepaid.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct .
Executed February 12 , 1988 at Danville, CA
Cher L. Barrett
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) MAR_D ACTION
the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT March 15 , 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: Unspecified Section 913 and 915.4. Please note all •Warnings`.
County Counsel
CLAIMANT: MICHAEL SCOTT MORCOM
c/o Michael J. Markowitz , Esq. FEB 1 i 1988
ATTORNEY: Thiessen, Gagen & McCoy
279 Front Street Date MWWz, CA 94553
ADDRESS: Danville, CA 94526 BY DELIVERY TO CLERK ON February 16, 1988
BY MAIL POSTMARKED: February 12 , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: February 17, 1938 I�JIL PuHtyLOR, Clerk
4. L. Hall
ll. FROM: County Counsel TO: Clerk of the Board of Supervisors
(x This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: -;� �. �;S,' BY: "L4 11,f1_11f41LLDeputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
(� This Claim is rejected in full.
( ) Other
I Certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
MAR 15 1988 C
//]
Dated: PHIL BATCHELOR, Clerk. By c _ . Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
MAR 2 3 1988
Dated: BY: PHIL BATCHELOR by _-Deputy Clerk
CC: County Counsel County Administrator
w '
1 WILLIAM E. GAGEN, JR. RECEIVED
MICHAEL J. MARKOWITZ
2 THIESSEN, GAGEN & MCCOY
A Professional Corporation j �p �ypd
3 279 Front Street
Post Office Box 218 pMILOATC
4 Danville, California 94526 CLERK POARDOp TS
viBORs
CONTRA C0 .
Telephone: ( 415) 837-0585 6 •••••......
5 tr
Attorneys for Claimant
6
7
8 BEFORE THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
9
10
11 MICHAEL SCOTT MORCOM, ) No.
12 Claimant, ) NOTICE OF CLAIM AND
CLAIM FOR PERSONAL
13 vs . ) INJURIES
[Gov. Code §9101
14 COUNTY OF CONTRA COSTA AND )
COUNTY OF CONTRA COSTA EMPLOYEES )
15 DOES 1 through 10, inclusive, )
16 Defendants. )
17
18 TO THE COUNTY OF CONTRA COSTA AND COUNTY OF CONTRA COSTA
19 EMPLOYEES DOES 1 THROUGH 10, INCLUSIVE:
20 You are hereby notified that MICHAEL SCOTT MORCOM claims
21 damages from the COUNTY OF CONTRA COSTA in accordance with the
22 claim asserted hereinafter .
1 . CLAIMANT:
23
MICHAEL SCOTT MORCOM
24 4072 Cowell Road
25 Concord, CA 94518
26
LAW OFFICES 68-19172 -1
THIESSEN,GAGEN&McCOY
A PROFESSIONAL
CORPORATION
279 FRONT STREET
DANVILLE•CA 94526
TEL.837-0585
1 2. SEND NOTICES TO:
2 MICHAEL J. MARKOWITZ, ESQ.
Thiessen, Gagen & McCoy
3 A Professional corporation
279 Front Street
4 P. 0. Box 218
Danville, California 94526
5
6 3 , DATE OF INJURY: NOVEMBER 12, 1987 .
7 4 . LOCATION OF INJURY/ACCIDENT: Viking Drive at its
8 intersection with Ruth Drive, Pleasant Hill, Contra Costa
9 County, California.
10 5. HOW ACCIDENT/INJURY OCCURRED:
11 At approximately 12: 50 p.m. , Claimant, who was
12 proceeding eastbound on Viking Drive was struck by a vehicle
13 coming southbound on Ruth Drive in the intersection of Viking
14 and Ruth Drives. Claimant ' s injuries were caused when the motor
15 scooter he was driving ran into a pickup truck being driven by
16 FRANK ARTHUR CABER, JR. , after Mr . GABER' s pickup truck
17 proceeded from the stop sign, located at the intersection of
18 Viking and Ruth Drive, blocking the eastbound lanes of Viking
19 Drive preventing the Claimant from proceeding on Viking and
20 causing the Claimant to run into the side of Mr . GABER' s
vehicle.
21
It is the Claimant ' s belief and contention that the
22
intersection at Viking and Ruth Drives is not properly main-
23
tained in that no caution light or traffic signal is present to
24
insure sufficient time for vehicles crossing Viking Drive on
25
Ruth Drive to safely proceed through the intersection, thereby
26
-2-
LAW OFFICES 68-19172
THIESSEN,GAGEN&MCCOY
A PROFESSIONAL
CORPORATION
279 FRONT STREET
DANVILLE,CA 94526
TEL.837-0585
1 creating a situation where drivers on Viking Drive would be
2 helpless in avoiding vehicles proceeding from the stop signs on
3 Ruth Drive across Viking Drive,
4 It is the Claimant ' s further belief and contention that
5 the COUNTY OF CONTRA COSTA AND COUNTY OF CONTRA COSTA EMPLOYEES
6 DOES 1 through 10, inclusive, had a responsibility to maintain
7 the intersection at Ruth and Viking Drives. By failing to
8 provide the appropriate cautionary lights or traffic signals at
9 that intersection, the COUNTY OF CONTRA COSTA AND COUNTY OF
10 CONTRA COSTA EMPLOYEES DOES 1 through 10, inclusive, -further
11 failed in their duties by not adequately warning drivers on
12 Viking Drive that vehicles will be crossing at its intersection
13 with Ruth Drive.
14 A copy of State of California Traffic Collision Report
15 No. 87-20171 is attached hereto as Exhibit "All and made a part
16 hereof .
17 6 • INJURIES.
18 As a result of the accident, Claimant suffered multiple
19 injuries, including, but not limited to, cuts, scrapes, loss of
consciousness, and extensive head and brain injuries . Medical
20
attention for said injuries continues to date.
21
7 . PROPERTY DAMAGE/LOSS:
22
Property losses are unknown at present .
23
8 . WAGE LOSS:
24
Claimant ' s potential present and future wage losses are
25
unknown at present .
26
-3-
LAW OFFICES 68-19172
THIESSEN,GAGEN&MCCOY
A PROFESSIONAL
CORPORATION
279 FRONT STREET
DANVILLE,CA 94526
TEL.837-0585
1 9. DAMAGES:
2 Total damages are unknown at this time but will exceed
3 the jurisdiction of the municipal Courts.
4 Dated: February 12 1988
5 THIESSEN, GAGEN & McCOY
A Professional Corporation
6
7 .
y6
8 MICHAEL J. MARKOWITZ
Attorneys for Claimant
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-4-
LAW OFFICES 68-19172
THIESSEN.GAGEN&MCCOY
A PROFESSIONAL
CORPORATION
279 FRONT STREET
DANVILLE.CA 94526
TEL.837-0585
DECLARATION OF SERVICE BY MAIL
I, the undersigned, declare:
That I am a citizen of the United States] over the age of
eighteen years, and not a party to the foregoing action; that my
business address is 279 Front Street, Danville, California;
that I am- readily familiar with the business ' practice for
collection and processing of correspondence for mailing with the
United States Postal Service; that the correspondence is
deposited with the United States Postal Service that same day in
the ordinary course of business.
That on February 12, 1988 I served copies of
the within NOTICE OF CLAIM AND CLAIM FOR PERSONAL INJURIES
by placing them in the envelopes addressed as follows:
Board of Supervisors
County of Contra Costa
651 Pine Street
Martinez, CA 94553
(First Class and First Class, Certified Mail, Return Receipt
Requested)
which envelopes were sealed and placed for collection on the
above date following ordinary business practices, postage
prepaid.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct .
Executed February 12 , 1988 at. Danville, CA
CherVfl L. Barrett
AMENDED CLAIM
•OARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 15 , 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: $2 , 000 , 000 . 00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: FAUZIA GHAFAR
131 Virginia Hills Drive #B
ATTORNEY: Martinez , CA 94553
C:,Jnty Counsel Date received
ADDRESS: BY DELIVERY TO CLERK ON February 25 , 1988 CC
F E B 2 no envelope
6 1963
- BY MAIL POSTMARKED: P
Martinez, GA : 4553
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. pH BB
DATED: February 26 . 1988
epu
IV DiyLOR, Clerk
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
/*1"•r ti�1��
( 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: J BY: /,'�i� �,!(�!��.?1 Xz-?../1 r% Deputy County Counsel
I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
1V. BOARD ORDER: By unanimous vote of the Supervisors present
( 1/) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: MAR 15 1988 PHIL BATCHELOR, Clerk, By y/ Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
MAR 2 3 1988
Dated: BY: PHIL BATCHELOR by Z4�/�eputy Clerk
CC: County Counsel County Administrator
il5itac�..
clunly Counsel
errM
moriew
morial FEB 23 1988
4@01
fcs
Martinez,
CA 94553
AND CL.IN
To: Office of County Counsel Date: February 19, 1988
Contra Costa County
Ix
From: Mark Fi nucane - Subject: AMENDED CLAIM
Health Services (Director Fauzia Ghafar
#396335-2
The attached amended claim for the above named patient was received
by Merrithew Memorial Hospital on February 18, 1988.
SP
Attachment
cc: Risk Manager, Co. Administrator's Office
�... oA
x! =¢ Contra Costa County
Tq_cocn'�'
A-301B (3/87)
I Fauzia Ghafar
2 131 Virginia Hills Drive #B
Martineze California 94553
3 TelephonL- : 415/953-4202
4
In Pro. Per
5
6
7
8 CONTRA COSTA SUPERIOR COURT
9 In re Claim of ) FIRST AMENDED
10 ) CLAIM FOR DAMAGES
Fauzia Ghafar, ) FOR MEDICAL MALPRACTICE
Il )
12 Claimant, )
13 vs.
14 ) v
Merrithew Memorial Hospital , ) RECEIVED
15 Contra Costa County Hospital, )
16 and all agencies owning and )
operating same, FES 2 5- 1988.
17
18 Respondents. ) P :' nr el
LCLE K D F MORS
19 ut
20
21 The above claimant, acting in pro per, hereby makes this
22 claim pursuant to Government Code Section 910 upon Merrithew
23 Memorial Hospital , which, to the best of claimant ' s knowledge is
24 also known as the Contra Costa County Hospital , as well as upon
25 all agencies owning and operating said hospital.
26 1 . Claimant :
27 Fauzia Ghafar
28 131 Virginia Hills Drive #B
Martinez, California 94553
29 Telephone: 415/9$6 4202
30
2. Address to which notices to be sent:
31
Fauzia Ghafar
32 131 Virginia Hills Drive #B
33 Martinez, California 94553
Telephone: 415/934202
34
35
36
1 3 . Date of occurrence :
2 This claim primarily concerns treatment on October 26, 1987,
i
3 although`c'laimant was under respondents ' care both before and
4 after that date .
5 4. Place of occurrence:
6 Merrithew Memorial Hospital/Contra Costa County Hospital
7 2500 Alhambra Avenue
Martinez , California 94553
8
9 5. Circumstances of occurrence:
10 Respondents were treating claimant for her absence of
11 menstrual periods and difficulty in becoming pregnant.
12 6. Description of claim and loss suffered :
13 So far as is known at this time, respondents administered
14 X-rays on October 26 , 1987 without first adequately testing
15 claimant to discover she was pregnant. As a result, claimant
16 suffered the death of her fetus, and incurred medical expenses,
17 lost wages, lost earning capacity and other economic losses.
18 7 . Name of government employees causing the injury:
19 So far as is known at this time, Dr. Robert Pollard was
20 responsible for plaintiff ' s care . Claimant is presently unaware
21 of other government employees who may be responsible.
22 8. Amount of claim:
23 Plaintiff is presently unaware of the extent of her medical
24 expenses, lost wages, lost earning capacity and other economic
25 losses. However, in view of her substantial general damages for
26 physical and emotional injury, she claims against respondents in
27 the amount of $2 ,000 ,000 .00 , plus prejudgment interest , costs of
28 suit, and such other relief as the court may deem appropriate.
29
30 DATED: February , 1988 i
31
32 a
33 Fauzi Ghafar
In Pro Per
34
35
36
PROOF OF SERVICE BY MAIL-1013a, 2015. 5 c.c.p
2
3 1 ark 6 citizen of the. United States ; my business address is
4 44 Montgomery Street, San Francisco, California 94104; 1 am
5 employed ' in the City and County of San Francisco, where this
6 mailing occurs; I am over the age of eighteen years and not a
7 party to the within cause. . .1 ser-ved_-.the .attached legal
8 document (s) on the following person(s ) on the date set forth
9 below, by placing a true copy thereof enclosed in a sealed
10i envelope wish postage thereon fully prepaid , in the United
11 States post office mail box at San Francisco, California,
12 addressed as follows:
13
14 Shirley Peterson
15 Risk Manager and Quality
Utilization Review
16 Assurance Department
Merrithew Memorial Hospital
17 2500 Alhambra Avenue
18 Martinez, CA 94553
19 Clerk, County Board of Supervisors
20 651 Pine Street
21 Martinez, CA 94553
22
23
24
25
26
27
28
29
30
31
32 1 certify or declare under penalty of perjur that the
33 foregoing is true and correct . Executed on at San
Francisco, California .
34
35
36
AMSON & WrTH
rTOkWFYS AT LAW
AONTOOMERY STRUT
KATZ 4111 ,,.
FRANCISCO.CA-,94104
J `
I Fauzia Ghafar
2 131 Virginia Hills Drive #B
Martinez, California 94553
3 Telephone: 415/953-4202
4
In Pro Per
5
6
7
8 CONTRA COSTA SUPERIOR COURT
9 In re Claim of ) FIRST AMENDED
10 ) CLAIM FOR DAMAGES
Fauzia Ghafar, ) FOR MEDICAL MALPRACTICE
11 )
12 Claimant,13 vs. T4
)
r
14
Merrithew Memorial Hospital , )
15 Contra Costa County Hospital, ) i= J '1 1"'38
16 and all agencies owning and )
operating same,
17
18 Respondents. ) ""
19
20
21 The above claimant, acting in pro per, hereby makes this
22 claim pursuant to Government Code Section 910 upon Merrithew
23 Memorial Hospital, which, to the best of claimant's knowledge is
24 also known as the Contra Costa County Hospital , as well as upon
25 all agencies owning and operating said hospital.
26 1 . Claimant:
27 Fauzia Ghafar
28 131 Virginia Hills Drive #B
Martinez, California 94553
29 Telephone: 415/935-4202
30
2. Address to which notices to be sent:
31
Fauzia Ghafar
32 131 Virginia Hills Drive #B
33 Martinez , California 94553
34 Telephone: 415/933-4202 i
35
36
1 3. Date of occurrence:
2 This claim primarily concerns treatment on October 26, 1987,
3 althoughclaimant was under respondents ' care both before and
4 after that date.
5 4. Place of occurrence:
6 Merrithew Memorial Hospital/Contra Costa County Hospital
7 2500 Alhambra Avenue
Martinez , California 94553
8
9 5. Circumstances of occurrence:
10 Respondents were treating claimant for her absence of
11 menstrual periods and difficulty in becoming pregnant.
12 6 . Description of claim and loss suffered :
13 So far as is known at this time, respondents administered
14 X-rays on October 26 , 1987 without first adequately testing
15 claimant to discover she was pregnant. As a result, claimant
16 suffered the death of her fetus, and incurred medical expenses,
17 lost wages, lost earning capacity and other economic losses.
18 7 . Name of government employees causing the injury:
19 So far as is known at this time, Dr. Robert Pollard was
20 responsible for plaintiff ' s care. Claimant is presently unaware
21 of other government employees who may be responsible.
22 8 . Amount of claim:
23 Plaintiff is presently unaware of the extent of her medical
24 expenses, lost wages, lost earning capacity and other economic
25 losses. However, in view of her substantial general damages for
26 physical and emotional injury, she claims against respondents in
27 the amount of $2 ,000 ,000 .00 , plus prejudgment interest, costs of
28 suit, and such other relief as the court may deem appropriate.
29
30 DATED: February , 1988
31
32
33 Fauzia Ghafar
In Pro Per
34
35
36
PROOF OF SERVICE BY MAIL--1013a, 2015. 5 C .C.P
2
3 1 am a citizen of theUnitedStates; my business address is
4 44 Montgomery Street, San Francisco, California 94104 ; 1 am
5 employed in the City and County of San Francisco, where this
6 mailing occurs; I am over the age of eighteen years and not a
7 party to the within -.cause. J, -z- erve-d.�the attached legal
8 document (s ) on the following person(s ) on the date set forth
9 below, by placing a true copy thereof enclosed in a sealed
10 envelope with postage thereon fully prepaid , in the United
11 States post office mail box at San Francisco, California,
12 addressed as follows:
13
14 Shirley Peterson
15 Risk Manager
Utilization Review and Quality
16 Assurance Department
17 Merrithew Memorial Hospital
2500 Alhambra Avenue
18 Martinez , CA 94553
19 Clerk, County Board of Supervisors
20 651 Pine Street
21 Martinez, CA 94553
22
73
24
25
26
27
28
29
30
31
32 1 certify or declare under penalty of perjury. that the
33 foregoing is true and correct. Executed on at San
Francisco, California.
34
35
36
2AMSON & SMtTH
XrORMYS AT LAW
WONTOOMERY 57RUT
SUITI 4111
FLANCISCO.CA.14104
14141 411 7901
CLAIM J•./
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) 3OARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 15 , 1983
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: $10, 000. 00 Section 913 and 915.4. Please note all *Warnings".
C.:�unty Caunscl
CLAIMANT: GERO JIMO GARCIA
33 Loftus FEB 19 1988
ATTORNEY: West Pittsburg, CA 94565
Date received Martinez, z 18 1988 hand del .
ADDRESS: BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IL gATCHtELOR, Clerk
DATED: February 19 , 1988 : Depu y
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(;� This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: _ j' � BY:_�r� "'� +'� = 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 date.
Dated:M AP $$
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 wail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez.
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 2 3 1988 BY: PHIL BATCHELOR by44L f Deputy Clerk
CC: County Counsel County Administrator
100 DAY CLAIII
CCCCC==C.COCC
CLAIM AGAINST: •. (a T\VV-U CoAc,,, Cu AS Ne S
.• Ca��� o � Ca�n��� l_oS
w` Ca', hereby presents a claim for damages agai:is t
c- CA c� L O JC"
C�C n� � CAS o��� S\N_Q_
C' �� � C O u 1� /
CLARIANT'S ADDRESS IS: 5 �v, p LQQ ukc-
CR .
Claimant desires that all notices or other connnunications with regard to
this claim- be sent to: SCLC aS a, a,-Z
DATE OF OCCURRENCE: n r ck�n A- A) o u (D C) �' 7
PLACE OF OCCURRENCE:
SAID CLAIR ARISES OUT OF ME FOLLOWING CIRCUHSTANCES : \
COQ rr- oS�ck Co \Ay S `��t'l 5 '00yQcA
l-5�.�5 GIS i,I llvc Lit
•,/� 1 U C�� Lti�, �� � LJ a �l O O�I
rs,, C cN- W _\�0" U S
NAME AND CAPACITY OF EMPLOYEES OF Ca r� c c& os a Co u kSh2c s:
Urkhet,�Jr
AHUUNT CLAIMED:
SPECIAL DAIIAGES TU DA'Z'E: $ Z .c; O
GENERAL DAMAGES TU DATE: $ $ o o - cc"
ESTIMATED FUTURE DAHAGES : $ 2 O o a-C cD
ESTIMATED TUT'AL TU DATE: $ (O,0 00.00
I declare under penalty of perjury that the above is true and correct .
Executed at WA-\A (reek , California on:
RZFEB1
/' .1988.CLEELORISORS
B
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County. or District governed by) WARD ACTION
the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT March 15 , 1938
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 1V below), given pursuant to government Code
Amount: $50, 000. 00 Section 913 and 915.4. Please note all 'Warnings".
C:unty Counsel
CLAIMANT: LEROY WILLIA14S
c/o Don Smith FEB 19 1988
ATTORNEY: P. O. Box 364
Pinole, CA 94564 Date received Martin z,bruary CA 94553
ADDRESS: BY DELIVERY TO CLERK ON r e18 , 1988 hand del .
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. �
February 19 , 1988 PpHHIL gATCIELOR, Clerk
DATED: y Bl': Depu y
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: "7 BY• �YZLiz,.
• /��sG:,l K�1 E i_. r C• 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
(t/�This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: MAR 15 198 8 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 personalty served or
deposited in the mail to file.A court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your.choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 2 3 1988 BY: PHIL BATCHELOR by �00(-�Wty Clerk
CC: County Counsel County Administrator
i
1 DON SMITH, ESO.
2 P.O. BOX 364
PINOLE, CA. 54564 RE
3 415-23 -4530
P �� �—AAs
5 �� �
Attorney for Claimant c�Ea T ► psF�
6 s
7
8 IN THE MATTER OF THE CLAIM OF
9 LEROY WILLIAMS,
Claimant ,
10
VS.
11 CONTRA COSTA COUNTY 96LIEQRNIA. /
12 Don Smith on behalf of Leroy Williams presents this
13 claim to Contra Costa County, California pursuant to
14 Section 510 of the California Government Code.
15 The name and post office address of Leroy Williams is
16 703 Florida Avenue, Richmond, California, 54801 .
17 Don Smith desires notice of this claim be sent to P.O.
18 Bar, 364, Pinole, California, 54564.
19 On or about November 11 , 1587, at approximately
20 5: 00pm. , Deputy Sheriff Matt Rubin did wrongfully and
21 maliciously through misrepresentation and artifice attempt
22 to induce and entrap claimant into commission of a crime,
23 to wit : purchase of illegal chemical substances.
24 Specifically, Deputy Rubin showed claimant a free base pipe
25 and induced claimant to take him around Richmond looking
26 for street drugs, and also attempted to induce claimant to
27 purchase drugs on behalf of the Deputy Rubin.
28 Thereafter , Deputy Rubin did find a willing seller and
• i
J
I with the assistance of other officers an arrest was made.
2 When claimant attempted to leave the area of the arrest , he
3 was confronted by Deputy Rubin, who pointed a gun at
4 claimant and .told him to "drop to the ground or I ' ll blow
5 your head off. " Officer Rubin then, while holding the gun
6 near claimant' s head told claimant to "put your hands
7 behind your back and don' t move or I ' ll blow your fucking
8 brains out. "
9 Claimant Leroy Williams suffered an injury to his
10 ankle and sustained severe shock to his mental and
11 emotional well being by the actions of Deputy Rubin and the
12 humiliation of having the arrest made known to his family
13 and friends.
14 Claimant suffered damages caused by the disgrace,
15 embarrassment , and humiliation of the wrongful arrest and
16 the threats to his person in the sum of Fifty Thousand
17 ($50, 000. 00) Dollars.
18 Don Smith, of behalf of Leroy Williams states the
19 wrongful arrest was caused by Deputy Matt Rubin of the
20 Contra Costa County Sheriff' s Department .
21 Leroy Williams claims damages in the sum of Fifty
22 Thousand ($50, 000. 00) dollars for injury to his mental and
23 emotional well being caused by physical injuries, the
24 wrongful arrest and physical threats of harm to his person.
25 DATED: February 17, 1588.
26
27
----- -------------------
DON ITH
28 Attorney for Claimant