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HomeMy WebLinkAboutMINUTES - 03011988 - 1.11 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 1, 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 Anount: $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 Date received ADDRESS: BY DELIVERY TO CLERK ON February 4 , 1988 BY MAIL POSTMARKED: February 2 , 1988 P 478 177 500 I. FROM: Clerk of the Board of Supervisors :. TO: County Counsel Attached is a copy of the above-noted claim. February , ee IL BATCHELOR, Clerk DATED: Y 5 1988 Bq: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. (x) 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 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 ( V) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 1 1988 PHIL BATCHELOR, Clerk, By 9 , 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 1 deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. MAR 4 1986 Dated: BY: PHIL BATCHELOR by C.�Deputy Clerk CC: County Counsel County Administrator 1 Fauzia Ghafar 2 131 Virginia Hills Drive #B Martinez; California 94553 3 Telephone: 415/953-4202 4 In Pro Per .5 6 8 CONTRA COSTA SUPERIOR COURT 9 In re Claim of ) CLAIM FOR DAMAGES 10 ) FOR MEDICAL MALPRACTICE Fauzia Ghafar, ) �� 11 ) 12 Claimant, 13 vs. ED 14 ) Merrithew Memorial Hospital, ) 1.5 Contra Costa County Hospital , ) 16 and all agencies owning and ) operating same, ) [R.111IVQ 17 18 Respondents . ) -a 19 20 21 The above claimant , acting in pro per, hereby makes this claim pursuant to Government Code Section 910 upon Merrithew 22 23 Memorial Hospital , which, to the best of claimant 's knowledge is also known as the Contra Costa County Hospital, as well as upon 24 j all agencies owning and operating said hospital . 25 1 . Claimant: 26 Fauzia Ghafar 27 131 Virginia Hills Drive #B j 28 Martinez , California 94553 29 Telephone: 415/953-4202 30 2 . Address to which notices, to be sent: I 31 Fauzia Ghafar 131 Virginia Hills Drive #B 32 Martinez, California 94553 33 Telephone: 415/953-4202 34 I 35 I 36 41 I i I I I i 1 3 . Date of occurrence: 2 This claim primarily concerns treatment on October 26 , 1987, 3 although claimant 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 a•nd 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 2 , 1988 31 32 33 Fauzia Ghafar In Pro Per 34 35 36 PROOF OF SERVICE BY MAIL-11013a, 2015. 5 C.C.P 2 3 1 am a 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. I served 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 Shirley Peterson 14 Risk Manager 15 Utilization Review & Quality Assurance Dept. Merrithew Memorial Hospital 16 2500 Alhambra Avenue 17 Martinez , CA 94553 18 Clerk, County Board of Supervisors 19 651 Pine Street 20 Martinez, CA 94553 21 22 23 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 2/2/88 at San Francisco, California. 34 j, _K - 35 C7,- C _.pV, ON,– 36 Cynthila Laberge 3RAMSON & SWTH ATTORNEY!AT LAW I 64ONTOOM 111Y MUT SUIT& 2 I� W FRANCISCO, CA.94104 f4141 421 1993 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ' Claim Against the County, or District governed by) BOAR_ D ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 1, 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: $2,000,000A0 Section 913 and 915.4. Please note all •Warnings". CLAIMANT: FAUZIA GHAFAR 131 Virginia Hills Drive #B ATTORNEY: Martinez , CA 94553 Date received 1988 ADDRESS: BY DELIVERY TO CLERK ON February 4, BY MAIL POSTMARKED: February 2 , 1988 P 478 177 501 1. FROM: Clerk of the Board of Supervisors 09: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk DATED: February 5 , 1988 D: Deputy Yllez L. Hall 1I. 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: AZ, &,Vj2� 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 O DER: 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. n Dated: MAR 1 198 PHIL BATCHELOR, Clerk, By , , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. MAR 4 1988 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator 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 CLAIM FOR DAMAGES 10 FOR MEDICAL MALPRACTICE Fauzia Ghafar, 11 12 Claimant, 13 vs. 14 RECt Merrithew Memorial Hospital, 15 Contra Costa County Hospital , 4 1988. 16 and all agencies owning and operating same, 17 ........ ... 18 Respondents . By 19 20 21 The above claimant, acting in pro per, hereby makes this claim pursuant to Government Code Section 910 upon Merrithew 22 Memorial Hospital , which , to the best of claimant 's knowledge is 23 also known as the Contra Costa County Hospital, as well as upon 24 25 all agencies owning and operating said hospital . 1. Claimant: 26 Fauzia Ghafar 27 131 Virginia Hills Drive #B 28 Martinez , California 94553 29 Telephone: 415/953-4202 30 2. Address to which notices, to be sent: 31 Fauzia Ghafar 32 131 Virginia Hills Drive #B Martinez, California 94553 33 Telephone: 415/953-4202 34 35 36 1 3 . Date of occurrence : 2 This -claim primarily concerns treatment on October 26 , 1987, 3 although claimant 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 2-500 Al-hambra 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 1.5 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 2 , 1988 31 32 c�CW•��"' ^�o � r 33 Fauzia Ghafar 34 In Pro Per 35 36 PROOF OF * SERVICE BY MAIL-1013a, 2015. 5 C .C.P 2 3 1 am a 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 ,with-in .cause. I ,served _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 fol1ows: 13 Shirley Peterson 14 Risk Manager 15 Utilization Review & Quality Assurance Dept. Merrithew Memorial Hospital 16 2500 Alhambra Avenue 17 Martinez , CA 94553 18 Clerk, County Board of Supervisors 19 651 Pine Street Martinez, CA 94553 20 21 22 23 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 2/2/88 at San Francisco, California. 34 C 35 ----V _. 36 Cynthi Laberge 8KAMSON & Wnli ATTORNEYS AT LAV 4 MONTOOMERT STRFJIT $WTI 4111 A FRANCISCO. CA.94104 (W) 411,?941 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 1 1988 Iand 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: $50, 000- 00 Section 913 and 915.4. Please note all •Warnings". CLAIMANT: DAVID WYLIE 33 Loftus Road ATTORNEY: West Pittsburg, CA 94565 Date received lggg hand del . ADDRESS: BY DELIVERY TO CLERK ON February 4, BY MAIL POSTMARKED: no envelope I, FROM: Clerk of the Board of Supervisors v-TO: County.Counsel _ Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk DATED: February 5 , 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: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present {This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 1 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 Cade 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 4 1988 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator ' 100 DAY CLAIM CLAIM AGAINST: ~ hereby presents a claim for damages against D 17 CLAIMANT'S ADDRESS IS: Claimant desires that all notices or other communications with regard to this claim be sent to: DATE OF OCCURRENCE: 'Al-0 Vr /D, PLACE OF OCCURRENCE: SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUHSTANCES : f R fftl �, - CLE B T D . , R ORS By; De u NAME AND CAPACITY OF EMPLOYEES OF ell AMOUNT CLAIMED: SPECIAL DAMAGES TO DATE: $ © GENERAL DAMAGES TO DATE-. $ 3y;,30-Z5 ESTIMATED FUTURE DAMAGES : $ /� L'J Ozo ESTIMATED TOTAL TO DA'L'E: $ -5? I declare under penalty of perjury that the above is true and correct . Executed at LA)JvhA Creek California on: CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOAR_D ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 1, 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: $50, 000 . 00 Section 913 and 915.4. Please note all •Warnings". CLAIMANT: DAVID HARTSOUGH 721 Shrader St. ATTORNEY: San Francisco, CA 94117 Date received ADDRESS: BY DELIVERY TO CLERK ON February 4. 1988 hand del . BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors z. TO: County Counsel Attached is a copy of the above-noted claim. February 5 , 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 910.6). ( ) 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: �^�S���S BY: Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( LThis 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 1 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: MAR 4 1988 BY: PHIL BATCHELOR by A4��_ Uty Clerk CC: County Counsel County Administrator 100 DAY CLAIM 4. CLAIM AGAINST- Contra Costa County Sheriff, County of Contra Costa David Hartsough hereby presents a claim for damages against Contra Costa Cbunty Sheriff, county pf Contra Costa. CLAIMANT'S ADDRESS IS .- 721 Shrader St. , San Francisco, CA 94117 Claimant desires that all notices or other connnunications with regard to this claim be sent to: above address DATE OF OCCURRENCE: November 70, 1987 PLACE OF OCCURRENCE: Concord Naval Weapons Station Concord, California SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUMSTANCES : Contra Costa County Sheriffs broke my wrist when they applied a painhold while I was peacefully demonstrating. KS P NAME AND CAPACITY OF EMPLOYEES OF Contra Costa County Sheriff's Department Officer Mock and others AMOUNT CLAIMED: SPECIAL DAMAGES TO DATE-. $ 700- CC) GENERALDAMAGES TO DATE: $ 3 C1, --3o 0 - C?0 ESTIMATED FUTURE DAMAGES: $ t0/ 000 - 00 ESTIMATED TOTAL TO DATE: $ SDS0 0 0 . 0 0 1 declare under penalty of perjury that the above is true and correct . Executed at WtJj,\A &e� California on: February 4, 1988. CLAIM, • ' '.. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA X// C1aii Aidinst the County, or District governed by) BOARD ACTION t'�,e Board of Supervisors. Routing Endorsements, ) NOTICE TO CLAIMANT March 1 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Goverment 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". CLAIMANT: DAVID HARTSOUGH 721 Shrader ATTORNEY: San Francisco , CA 94117 Date received ADDRESS: BY DELIVERY TO CLERK ON February 4, 1988 hand del . BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors JO: County Counsel Attached is a copy of the above-noted claim: February 5 , 1988 ppHHIL BATCHELOR, Clerk DATED: Y 61�: Deputy i 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: �g� 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. 607DER:DER: 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 1 1998 PHIL BATCHELOR, Clerk. By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States. over age 18; and that today i deposited in the United States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAR 4 1988 BY: PHIL BATCHELOR by `C/��96puty Clerk CC: County Counsel County Administrator 100 DAY CLAIM CLAIM AGAINST: '-Contra Costa County Sheriff, County of Contra Costa David Hartsough hereby presents a claim for damages against Contra Costa County Sheriff, County Pf Contra Costa CLAIMANT'S ADDRESS IS : 721 Shrader, San Francisco, CA 94117 Claimant desires that all notices or other communications with regard to this claim be sent to: above address DATE OF OCCURRENCE: —October 27, 1987 PLACE OF OCCURRENCE: Concord Naval Weapons Station —Concord, California SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUMSTANCES: Contra Costa County Sheriff's applied apainhold to my finger which required me to seek medical attention. I �� � have nett recovered full use of this finger. I was peacefully demonstrating when the painhold was applied. so El NAME AND CAPACITY OF EMPLOYEES OF Contra Costa County Sheriff's Department Unknown AMOUNT CLAIMED: SPECIAL DAMAGES TO DATE: $ 0 C) GENERAL DAMAGES TO DATE: $ ESTIMATEDFUTUREDAMAGES : $ D 0c) ESTIMATED TOTAL TO DATE- $ /'G%1 C0 0 CSO I declare under penalty of perjury that the above is true and correct . Executed at Wjv\A CrCalifornia On: February 4th, 1988. CLAIM ` BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA / Claim Against the County, or District governed by) BOAR_D ACTION the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT March 1 , 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: $10, 000 . 00 Section 913 and 915.4. Please note all 'Warnings". CLAIMANT: DAVID HARTSOUGH 721 Shrader Street ATTORNEY: San Francisco, CA 94117 ' Date received ADDRESS: BY DELIVERY TO CLERK ON February 4, 1988 hand del . BY MAIL POSTMARKED: no envelove 1. FROM: Clerk of the Board of Supervisors C;. 10 _-County Counsel Attached is a-copy of the above-noted claim. pH gB ZX4� DATED: February 5, 1988 BrIL DeputyLOR, Clerk L. Hall 1I. 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: �/ �6( 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). 1V. 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: MAR 1 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: MAR 4 1988 BY: PHIL BATCHELOR byZX Deputy Clerk CC: County Counsel County Administrator s f 100 DAY CLAIM CLAIM AGAINST: '•Contra Costa County Sheriff, County of Contra Costa David Hartsough hereby presents a claim for damages against Contra Costa County Sheriff, County .of Contra Costa. CLAIMANT'S ADDRESS IS: 721 Shrader St. , San Francisco, CA 94117 Claimant desires that all notices or other communications with regard to this claim be sent to: above address DATE OF OCCURRENCE: on or about November 3, 1987 PLACE OF OCCURRENCE: Concord Naval Weapons Station Concord, California SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUMSTANCES: Contra Costa County Sheriffs-applied a painhold to my arm, thereby causing my back to go into spasms. I sought REmedical attention, yet my back has never healed. The painhold was applied while I was peacefully demonstrating. T O VISORS CLE � BY r. NAME AND CAPACITY OF EMPLOYEES OF Contra Costa County Sheriff's Department Unknown AHUUNT CLAIMED: SPECIAL DAMAGES TO DA'L'E: $ CXR- c,a GENERAL, DAMAGES TU DATE- $ 7-5 UO. ESTIMATED FUTURE DAMAGES : 0 0 . 00 ESTIMATED TOTAL TO DATE: $j( � 000 . GSC) 1 declare under penalty of perjury that the above is true and correct . Executed at 4, JV—,A Cr"e6l,- , California on: February 4, 1988. CLAIM r BOARD OF SUPERgISORS OF CONTRA COSTA COUNTY,_CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION t the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 1, 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 t Amount: $5 ,000, 000- 00 Section 913 and 915.4. Please nate all "Warnings". CLAIMANT: TED KRYSINSKI ETAL c/o Kincaid, Gianunzio , Caudle & Hubert ATTORNEY: 200 Webster Street. x`200 Oakland, CA 94604-0828 Date received 1988 ADDRESS: BY DELIVERY TO CLERK ON February 2 , BY MAIL POSTMARKED: February 1, 1988 F 308 302 602 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is 4 copy of the above-noted claim. Februar 5 , 1988 ppyylL ATCHELOR, 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: � 2 i BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (V) 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 1 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. MAR 4 1988 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator 1 John P. Caudle, Esq. KINCAID, GIANUNZIO, CAUDLE & HUBERT 2 200 Webster Street, Suite 200 P.O. Box 1828 3 Oakland, California 94604-0828 RECEIVED 4 Telephone: (415) 465-5212 '�QA 5 Attorneys for Claimant-Defendant- 9 Cross-Complainant CL 6 7 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 9 TO: BOARD OF SUPERVISORS CLERK COUNTY OF CONTRA COSTA 10 651 Pine Street Martinez, California 94553 11 CLAIMANT' S NAME TED KRYSINSKI & SANDMOUND ENTERPRISES 12 CLAIMANT' S ADDRESS c/o KINCAID, GIANUNZIO, CAUDLE & HUBER 13 200 Webster Street, Suite 200 P.O. Box 1828 14 Oakland, CA 94604-0828 15 CLAIMANT' S TELEPHONE (415) 465-5212 16 AMOUNT OF CLAIM Contribution and indemnity according to proof up to $5, 000, 000. 00 17 ADDRESS TO WHICH 18 NOTICES ARE TO BE SENT KINCAID, GIANUNZIO, CAUDLE & HUBERT 200 Webster Street, Suite 200 19 P.O. Box 1828 Oakland, CA 94604-0828 20 DATE OF OCCURRENCE May 29, 1987 21 ORIGINAL COMPLAINT Contra Costa Action No. 304976 22 SERVED ON CLAIMANT December 21, 1987 23 PLACE OF OCCURRENCE City of Oakley, County of Contra 24 Costa, State of California 25 HOW DID CLAIM ARISE Attached hereto is a copy of the 26 claim originally filed by CAREY FRANKLIN HALL IV setting forth the 27 claim circumstances (Exhibit A) . 28 Following that time a lawusuit has been filed in which THE LAW OFFICES OF INCAID, GIANUNZIO, CAUDLE B HUBERT A PROFESSIONAL CORPORATION 200 WEBSTER STREET IAKLAND,CA 94607-3768 (415)465-5212 r • 1 TED KRYSINSKI, among others has been named as a defendant (Exhibit 2 B) attached complaint. 3 Consequently the defendant and cross-complainant TED 4 KRYSINSKI is seeking indemnity and/or contribution based upon the 5 above facts against the County of Contra Costa. The basis of the 6 liability is as set forth in Exhibit A. 7 ITEMIZATION OF CLAIM In addition to the facts set forth in 8 Exhibit A this defendant is claiming indemnity, contribution and 9 attorneys) fees. 10 DATED: 11 ` ` KINCAID, GIANUNZIO, CAUDLE & HUBERT 12 13 OHN . CAUDLE 14 rney for TED KRYSINSKI 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE LAW OFFICES OF - INCAID, GIANUNZIO, CAUDLE Bt HUBERT A PROFESSIONAL CORPORATION - - 200 WEBSTER STREET OAKLAND,CA 94607-3789 (415)465.5212 1 STAN CASPER CASPER , LOEWENSTEIN & SCHWARTZ t) In • 5-7 2 One Corporate Centre BLECEI D 320 Willow Pass Road , Suite 400 3 Concord, California 94520 (415 ) 827-0556 4.5 OJUN 1987 4 Telephone: 7 CSC air OR $Up* 5 Attorney for Claimant 6 8 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 9 TO: BOARD OF SUPERVISORS CLERK COUNTY OF CONTRA COSTA 10 651 Pine Street 11 Martinez, CA 94553 11 ICLAIMANTIS NAME CAREY FRANKLIN HALL IV 13 CLAIMANT 'S ADDRESS Health Services Department 14 Conservatorship/Guardianship Program P. 0. Box 8 15 Martinez, CA 94553 16 CLAIMANT'S TELEPHONE (415) 372-2791 17 AMOUNT OF CLAIM $5,000 ,000 .00 18 ADDRESS TO WHICH NOTICES ARE TO BE SENT: STAN CASPER 19 CASPER, LOEWENSTEIN & SCHWAiTZ 1320 Willow Pass Road, Suite 400 �o Concord, CA 94520 21. i: DATE OF OCCURRENCE May 29 , 11087 22 IPLACE OF OCCURRENCE City of Oakley , County of C;n-.ra Costa, State of California 23 24 HOW DID CLAIM ARISE On May 29 , 1987, claims::* was 25 lawfully traveling on foot along Sandmound Boulevard, Oakley, 26 jContra Costa County, when he was a:;tackeH- and severely bitten 27 EX.LCEWENSTEIP4 40 SCHWARTZ :CQPMAA TIE CENTRE Pas sump Ili Oro . _ LXHIBIT 1 Jby a dog, a pit bull named Shera, belonging to Christine McAtee 2 of 4372 Sandmound Boulevard, Oakley. 3 _ Attempts to fend off the pit bull with his legs and 4 walking cane were unsuccessful and eventually he fell heavily 5 to the ground sustaining a brcken hip and other injuries. G Claimant was taken to the hospital where he was in extremely serious condition f cr a nu=ber of days as a result of his 8 injuries. He lost over four pints of blood. The pit bull in question had been officially reported to 10 have left his owner ' s property and attacked children twice I _ 11 + within the two months prior to the attack involved herein, the 12 latest incident occurring just five days previous on May 24 , 13 1987. The Animal Control Division of the Contra Costa Animal 14 Services Department (Animal Services ) was informed of both 15 incidents. No action was taken as a result of these previous 16 incidents other than to allegedly place the pit bull under 1 q( quarantine, despite the fact that the pit bull was not leashed 18 I or chained and was being kept in a yard without any effective 19 1 fence (attached hereto as Exhibit "A" is a two-page copy of the 20 Animal Services Report of thi: incident , which list the two i i 21 earlier biting incicents ) . The basis of liability fir this claim include t..".e 23 following: i 24 1 . The negligent failure of Ani-mal Services , and its i 25 ! _ agents , to take reasonably necessary steps to prevent this 26 I foreseeable injury; 2 28 R.LOEWENSTEIN D SCHWARTZ — 2 — :RPCRaTE CENTRE wmC�Pass Aoac S-.:a 400 *0 C WOrn.a 9+520 4151 527-0556 2. The failure to Animal Services to comply with its 2 statutory duty to destroy or impound the pit Dull, a dangerous 3 lanimal, following the earlier biting incidents in order to 4 protect others against the danger of being attacked and bitten; 5 3. The failure of Animal Services to comply with its 6 lstatutory duty to take up and impound the pit bull, a dog found at large by it , following the earlier biting incidents in order to protect claimant and others against the danger of being 9 attacked and bitten; 10 The names of the public employees acting in such 11 negligent, reckless and/or intentional disregard of the common 12 law and/or statutory duties toward claimant are not known at 13 this time to claimant. 14 ITEMIZATION OF CLAIM: The claimant has incurred medical 15 expenses and continues to incur medical expenses , the t0tal 16 damages of which are not yet computed. 17 Claimant was hurt and injured in his health, strength and 18 activity, sustaining injuries to his body, specifically 19 including a broken hip, and shock and injury to his nervous 20 system and person, ail of which said injuries have caused and 21 continue to cause claimant great mental-, physical , and nervous 22 pain and suffering. It is anticipated that claimant will 23 eventually have to undergo a hip replacement and/or be left. 24 crippled for the rest of his life. Amount of said ite=izat-ion: 25 $5 ,000 ,000 .00 . 2G Dated : June 17 , 1987 CASP_-- OEWENSTE-Nj & SCH'.iAR-7 27 By: S P E R 28 PER.LOEWENSTEIN Attorney for 715�ai'manr. NO SCHWARTZ 3 :ZPPCPATE CENTRE VY-110-P&SI A084 SU.10 400 cora C41'10'.'s 44520 ArrORNENt OR PARTY WITHOUT ATTORNEY(NIM AOORVS3): TELEPt#k FOR COU T USE ONLY ST0 N (415) 827-0556 STAN CASPER CASPER, LOEWENSTEIN & SCHWARTZ S1 3210 Willow Pass Road, Suite 400 Concord,oncord, CA 94520 I ri ATTORNEY FOR(NAME):' Plaintiff, CAREY' FRANKLIN HALL IV insert name-of court iudiciai district or brancn court if any.and post office and xftW* addraddress:* SUPERIOR COURT OF THE STATE OF CALIFORNIA Ll Ly i IN AND FOR THE COUNTY OF CONTRA COSTA ? 1 725 Court Street / P. 0. Box 911 AUG ' - Martinez, CA 94553 1 R. omzn�*, Ccunty Clerk PLAINT17F: By .-'Lown.-A Lusj-,t LJLN-Ary CAREY FRANKLIN HALL IV, through his Conservator MARK FINUCAN, Director, Contra Costa County Health R;�CZF14_TY ; Services Department, by CLAY FOREMAN, Deputy DEFENDANT: COUNTY OF CONTRA COSTA, a governmental subdivision of the STATE OF CALIFORNIA, CHRISTINE McATEE; SANDMOUND ENTERPRISES; TED KRYSINSKI; MARLIN V . MOEHNKE; BENJAMIN R. ZAMORA; SACRAMENTO MEDICAL GROUP, INC. ; COMPTON ELECTRIC, INC. ; - CARELA GARCIA; ROBERT GREENEand )MDOES iTO CASE NUMBER: COMPLAINT—Personal Injury, Prop" Damage, Wrongful Death [=IMOTOR VEHICLE MOTHER(sp*cW). 304976 EMProperty Damage r-1 Wrongful Death XMPersonai injury U Other Damages(2P0d1Y)-* Pain and suffering 1. This pleading,including attachments and exhibits, consists of the following number of pages: 16 2. a. Each plaintiff named above is a competent adult Except plaintiff(name): CAREY FRANKLIN HALL IV M a corporation qualified to do business in California M an unincorporated entity(describe): M a public entity(describe): [=a minor =an adult = for whom a guardian or conservator of the estate or a guardian ad lKern has been appointed M other(specify): r7 other(specify): Q Except plaintiff(name): M a corporation qualified to do business in California Man unincorporated entity(describe): [=a public entity(describe): M a minor M an adult M for whom a guardian or conservator of the*state or a guardian ad litern has been appointed other(specify).- r7 other(specify): b. M Plaintiff(name): 13 doing business under the fictitious name of(specify): and has complied with the fictitious business name law,& c. r7 information about additional plaintiffs who are not competent adults is shown in Complaint— Attachment 2c. (Continued) POM ADV OW "the Aodk:*W C4wwg ofC400"M COMPLAINT—Perste injury,Pvopwiy Damage, Rule falo.ut)Vhwmve isrounry 1.1992 CCP 425.12 c ? SHORT TITLE: CASE r+uMseft HALL v. CONTRA COSTA COUNTY, et al. COMPLAINT—Personal injury,Property Damage,Wrongful Death Papp two 3. a. Each defendant-named above is a natural person ® Except defendant(name): Xj [Except defendant(name): COUNTY OF CONTRA COSTA COMPTON ELECTRIC , INC. Cj a business organization.form unknown a business organization,form unknown (�a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): a public entity(describe): a governmental Q a public entity(describe): subdivision of the State of California, to which a claim was submitted under the State Tort Mother(specify): Claims Act. A copy of that claim, and of the County' s rejection to it, are attached as Exhibit "A" ® Except defendant(name): =Except defendant(name): SACRAMENTO MEDICAL GROUP , INC. SANDMOUND ENTERPRISES a business organization.form unknown 23 a business organization,form unknown Q a corporation M a corporation Q an unincorporated entity(describe). Q an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. C. Q Information about additional defen4ants who are not natural persons Is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(nares): 4. 2M Plaintiff is required to comply with a claims statute,and a. M plaintiff has complied with applicable claims statutes,or b. Q plaintiff is excused from complying because(specify): S. This court is the proper court because at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. _ injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify): 6. Q The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): • (Continued) P"o we bkORT TITLE: - GASE f+WMaER: HALL v. COUNTY OF CONTRA, COSTA COMPLAINT—Personal injury,Property Damage,Wrongful Death(Continued) la"aw" 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are ,Q listed in Complaint—Attachment 7 Q as follows: 8. Plaintiff has suffered and/or will suffer RM wage loss __ Q loss of use of property 9M hospital and medical expenses 13 general damage go property damage. - CMloss of earning capacity 9M other damage(specify): Pain and suffering 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit;for such relief as is fair.just.and equitable;and for :Y LcXj compensatory damages 1 (Superior Court)according to proof. Q(Municipal and Justice Court)In the amount of S $$1 other(specify): Exemplary damages. 11. The following causes of action are attached and the statements above apply to each:(Each complaint must have one or more causes of acffon attached.) Q Motor Vehicle =General Negligence Q Intentional Tort Q Products Liability =Premises Liability =Other(specify): Strict liability for dangerous animals . Dated: August 20, 1987 . .STAN GASPER X . < (Type or or"n" W) ` (swnawm of,pimuff or a , COMPLAINT Personal Injury,Property Damage, Pita"•11)(Sant d) Wrongful Death(Continued) CCP 423.12 Pow nowwd catsi.ft a trss.ia)a rSHORT TITLE: CASE NUMBER: HALL v. COUNTY OF CONTRA COSTA FIRST CAUSE OF ACTION—General Negligence page�4-- ATTACHMENT TO =]Complaint QCross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(hame): CAREY FRANKLIN EXU IV alleges that defendant(name): COUNTY OF CONTRA COSTA $x]Does 1 to 5 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(dare): May 29, 1987 at(place): • Oakley, Contra Costa County, California. (description of reasons for.&ability): 1. Defendant COUNTY .OF CONTRA COSTA was at all times herein mentioned responsible for administering and enforcing the regulations promulgated by the governing agencies of -said COUNTY OF CONTRA COSTA' regard_ng the control of dangerous animals . Said responsibilities included tie manda- tory duty of impounding and/or destroying any dog that has exhibited a tendency to attack humans . 2. Defendant was informed on two separate occasions within six mon=hs- prior to May 29, 1987, that a pit bull dog belonging to defendant CHRISTINE McATEE -had attacked and bitten two different persons passing McATEE 'S residence on Sandmound Road in Oakley. On both occasions an officer of defendant COUNTY OF CONTRA COSTA, Animal Services Department, responded to the information by contac=ing defendant McATEE and examining the dog, but no effective action was =aken, as required by the appropria=e regulations , beyond the obviously futile act of "quarantining" :he animal under its owners ' con=rol. While so "quarantined" its owners allowed the pit bull to roam freely, without restricting its movement by use of a leash, fence, or other means. 3. By refusing to take the mandated, action to prevent the highly foreseeable risk of further attacks by defendant McATEE ' S pit bull dog, defendant COUNTY OF CONTRA COSTA breaced its duty to exercise reasonable and ordinary care in preventing injury to the public at large. 4. As a direct result of the ne;ligence of defendant COUNTY OF CONTRA COSTA as herein described, plaintif has : sustained damages in an amount in excess of the jurisdiction o_ the municipal court. The exact amount of plaintiff's damages are as yet unknown. Plaintiff will amend this , complaint when said damages are ascertained. tong AamvQd a aq a""°"'1""A"1."U CAUSE OF ACTION—General Negligence cop a25''2 'SHORT TITLE: usE'.u.1eER: HALL v. COUNTY OF CONTRA COSTA, et al. SECOND CAUSE OF ACTION—General Negligence Page 5 (numbw) ATTACHMENT TO 03Complaint QCross-Complaint (Use a separate cause of action form for each cause of action.) . GN-t. Plaintiff(name): CAREY FRAITKLIN HALL IV alleges that defendant(name): CHRISTINE 11CATEE 110;Does to i n was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): May 29 , 1987 at(place): Oakley, County of Contra Costa, California. (description of reasons for liability): - 1. Defendant CHRISTIIv'E MCATEE and DOES 6 through 10, inclusive, were at all times herein mentioned tenants on the property at 1372 Sandmound Road, Oakley, California. .2. Defendants , and each of them, were at all times mentioned herein the owners of a pit bull dog, which they kept on the above-mentioned premises . 3. Defendants , and each of them, failed to exercise reasonable and ordinary care in controlling said animal by causing or allowing said animal to attack' and bite the plaintiff about the legs and body. 4. As a direct result of the negligence of defendants , and each of them, as herein described above, plaintiff has sustained darages in an amount in excess of the jurisdiction of the municipal court . The exact amount of plaintiff' s damages are as yet unknown. Plaintiff .;till amend this complaint when said damages are ascertained. s«m Aawa"d by 1n. a.alcsi CAKwmv at tartans EMecove"Muwy 1.1952CGP 425.:2 Rule 9e2.10) CAUSE OF ACTION—General Negligence �.•�.^� ,.,.,, a•z ,,,, SHORT TITLE. CASE NUAfeER: i'NIRDCAUSc OF ACTION—Premises Liability page -6 (nurnaw) _ ATTACHMENT TO-=Complaint 0 Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): CAREY FF.ANTKLIN HALL IV alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff. On (date): May 29, 1957 plaintiff was injured on the following premises in the following fashion(description of promises and circumstances of injury): 17hile lawfully walking along the street bordering the premises located at 4372 Sandmound Road, Oakley, Contra Costa County, California, plaintiff suffered personal injuries when he was attacked and bitten by a pit bull owned and kept: by defendant CHRISTIbit McATEE and Does 6 through 10, inclusive. Prem.L-2. Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): CHRISTIT'sE 1icATEE Does_.fi_.,_..to Prem.L-3. Count Two—Wiilfui Failure to Warn (Civil Code section 8463 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): CHRISTINM McATEE ®Does_.C> to 1 1, Plaintiff, a recreational user,was =an invited guest (=a paying guest. Prem.L-4. = Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): C Does to a. = The defendant public entity had =actual =constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. 0 The condition was created by employees of the defendant public entity. Prem.L-5. a. = Allegations about Other Defendants The defendants who were the agents and emcioyees of the other defendants and acted within the scone of the agency were(names): r—i Does to b. The defendants who are liable to plaintiffs for other reasons and the reasons for their liazility are =described In attachment Prom.L-S.b []as follows(names): Form Acarov"ny the Juatow Counc•J of Cautomra ERacnve January 1. 1982 I"'A I ICS r'!C A!`Ttr"1t►1 _ _ -.�. __ __. :... SHORT TITLE: CASE NUMBER: HALL v. COUNTY OF CONTRA COSTA FOURTH CAUSE OF ACTION—Premises Liability Page 7 (numoer) - ATTACHMENT TO ® Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff(name): CAREY FRANKLIN HALL IV alleges the acts of defendants were the legal(proximate) cause of damages to plaintiff. On (date): May 29, 1987 , plaintiff was injured on the following premises in the fcllowing fashion(description of premises and circumstances of injury): While walking along t'--e street bordering the premises located at 4372 Sandmound Road, Oakley, California, plaintiff suffered severe personal injuries when he was attacked and bitten by a pit bull dog owned and kept by defendants CHRISTINE McATEE and DOES 6 through 10 . The owners and managers of the property at 4372 Sandmcund Road had actual knowledge , at all times relevant herein, that defendants McATEE and DOES 6 through 10 owned and maintained the pit bull dog in an =safe manner. Prem.L-2. Q Count One—Negligence The defendants who negligently owned, maintained, managed and coerated the described premises were(names): SANDMOUND ENTERPRISES ; TED KRYSINSKI MARLIN V. MOEHNKE ; BENJAMIN R. ZAMORA; SACRA -IENTO MEDICAL GROUP , I`;C. ; COM�PTON ELECTRIC , INC . ; CARELA GARCIA, ROBERT GREENE ; and MDoes I 1 to 0 hereinafter collectively referred to as "SANI DMOU7ND. " Prem.L-3. Count Two—Willful Failure to Warn [Civil Code section 8461 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): SANDMOUND =Does to - Plaintiff, a recreational user,was ian invited guest =a paying guest. Prem.L-4. Count Three Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Does to a. The defendant pudic en-,,-y has 7--actual =constructive notice of the existerca of the dangerous condition in sutfic:ent time prior to the injury to have corrected it. b. =J The condition was createa by employees of the defendant public entity. Prem.L-5. a. = Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): _ C1 Does to b. C The defendants wno are liable to plaintiffs for other reasons and the reasons for their liability are C described in attachment Prem.L-5.b =as follows(names): Form Acorovea ey the ,Juatcui Council of California E!tsctRum 982.1(5) 1982 CAUSE OF ACTION—Premises Liability ccs•zs.f2 TALL v. COUNTY OF CONTRA COSTA Case No . Page 8 FIFTH CAUSE OF ACTION--STRICT LIABILITY ►ttachment to Complaint �s an additional cause of action against defendants CHRISTINE McATEE; ;ANDMOUND ENTERPRISES ; TED KRYSINSKI ; MARLIN V. MOEHNKE ; BENJAMIN R. :AMORA; SACRAMENTO MEDICAL GROUP , INC . ; COMPTON ELECTRIC , INC . ; .ARELA GARCIA, ROBERT GREENE ; and DOES 21 through 30 , inclusive , )1aintiff alleges : Plaintiff incorporates herein the preceeding allegations of this complaint as though set forth here in full . At all times herein mentioned , defendant McATEE was the owner of a certain pit bull dog, which caused the injuries and damage herein complained of. This dog had a vicious nature , disposition, and pro- pensity, of which nature , disposition, and propensity defendants knew or had reason to know. On or about May 29 , 1987 , the dog was unleashed and freely roaring the area surrounding the property leased by defendant McATEE. When plaintiff attempted to pass on foot by the property, he was se= upon and seriously injured by the pit bull dog. FIFTH CAUSE OF AC-ION--STRICT LIABILITY r SHORT TITLE: CASE NUM0ER HALL v. COUNTY OF CONTRA COSTA Exemplary Damages Attachment Page 9 ATTACHMENT TO Complaint =Cross-Complaint EX-1. As additional damages against defendant(name): CHRISTINE MCATEE Plaintiff alleges c efendant was guilty of malice Q fraud oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, da-- ages to make an example of and to punish defendant. EX-2. The facts supporting plaintiff's claim are as follows: Defendant was fully aware of the vicious nature of the pit bull dog involved herein and of the extreme danger it posed to passing pedestrians . Yet , with that knowledge and with malicious disregard for the near certainty that the pit bull dog would seriously inure , if not kill , innocent persons , defendant failed and refused to confine , leash, or dispose of the animal . By allowing the pit bull dog , which was officially regarded as under quarantine and thus required tc be under strict physical control , to run free on the streets , defe=dant demonstrated a callous disregard for the safety of others that can only be understood as malicious . EX-3. The amount of exemplary damages sought is a. not snown, pursuant to Coce of Cavil Procedure sevion 425.10. b. C s Form AODroveo by trio Jua uai Council of Cauforroa E!tec:ive,lanuary 1. 1982Exem Damages Attachment CC- Rine 982.: lady es 9(13) Exemplary I pn.t Rr...1(Amina SHORT TITLE: ASE NUMBER: HALT v. COUNTY OF CONTRA COSTA Exemplary Damages Attachment Page 10 ATTACHMENT TO -PM Complaint =Cross-Complaint EX-11. As additional damages against defendant(name): SANDMOUND Plaintiff alleges defendant WfiS-:g5ffTe1 were guilty of XZ] malice fraud : oppression as defined in Civil Code section 3294, and plaintiff should recover, in acdition to actual darnages, darnages to make an example of and to punish defendant. EX-2. The facts supporting plaintiff's c!aim are as follows: Defendants are the owners of the property wherein the dog which attacked 'plaintiff was kept . The agent who managed that property for said defendants was fully informed that defendant McATEE kept a dangerous pit bull dog on those premises and that said animal was neither penned nor leashed. That knowledge was either actually conveyed to the above-named defendants , or can be imputed to said defendants on the basis of the awareness of their agent . In callous disregard of the near certainty that attacks would occur, these defendants failed to take any reasonable steps to control , or to require defendant McATEE to control , the pit bull dog. That failure to act was of a sufficiently reckless and callous nature with regard to the known threat to others as to constitute malice and oppression. EX-3. The amount of exerriplarie Camages sougrt is =not shown, pursuant to Cote of Civil Procedure section 425.10. b. = S Form Acorovoo ovine Jualclai Council of California Effective January 1. 1982 CCP A25 Ru.@ 9821(13) Exemplary Damages Attachment P..t R�"rd rats 9A2.It 1:1 1 PROOF OF SERVICE BY MAIL [C.C.P. §§ 1013a(3) , 2015.5] 2 1, the undersigned, declare: 3 That I am employed in the City of Oakland, County of Alameda, State of California; that I am over the age of 4 eighteen years and not a party to the within cause; that my business address is 200 Webster Street, Suite 200, Oakland, 5 California 94607-3789. 6 That on February 1 1 1988 1 7 served the within —CLAIM AGAINST THE COUNTY OF CONTRA COSTA 8 9 10 on the interested parties, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully 11 prepaid, in the outgoing mail box located in my office addressed as set forth below in accordance with ordinary business practices for deposit with the United States Postal 12 service in Oakland, California. I am readily familiar with my office business practice for collection and processing of 13 correspondence for mailing and the within correspondence will be deposited with the United States Postal Service this date 14 in the ordinary course of business. 15 BOARD OF SUPERVISORS CLERK COUNTY OF CONTRA COSTA 16 651 Pine street Martinez , California 94553 17 18 19 20 21 22 I declare under penalty of perjury under the laws of the 23 State of California that the foregoing is true and correct. 24 25 Executed at Oakland, California this 1st day of 26 February 19. 88 27 28 SALLY A?(GIRO LAW OFFICES OF NCAID. GIANUN210. :AUDLE& HUBERT A PQ0FfSS,0N^L CORPORATION 74)10 WreST fR STREET IKL^No.CA 04W7.3789 WS)465-U12 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County. or District governed by) BOARD ACTION the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT March 1 , 1983 and Board Action. All Section references are to ) The copy of this document nailed 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: $55 .-0 0 Section 913 and 915.4. Please note all •Warnings". CLAIMANT: ELLIOTT FRIDAY 3400 Atlas Road #306 ATTORNEY: Richmond, CA 94806 Date received ADDRESS: BY DELIVERY TO CLERK ON February 3 , 1988 BY MAIL POSTMARKED: January 29, 1988 I. FROM: Clerk of the Board of Supervisors _` TO: County Counsel Attached is a copy of the above-noted claim. February 5, 1988 PpHHIL DeBATCHELOR, Clerk DATED: Bl: puty f L. Hall H. FROM: County Counsel TO: Clerk of the Board of Supervisors (a 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 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: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. AR 1 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 1 declare under penalty of perjury that I am now, and at all times herein mentioned. have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. MAR 4 1988 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COP*Q9�P; aMticationto: • ' Instructions to ClaimantC!erk of the Board .O.Box 911 Martinez.Califomia94553 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 cf., 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 Build, 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 Distrjct�-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, PeitalCode Sec:,ri at end of this form. tttttttttftttttttttttilt*filr*,ell�Ir***,k*�k*+R#��r*tk*tk�Rtrrt�lk*rRt+k#t!t*�tf�k#��R!*#tkfit ';.;°r"` RE: Claim by )Reserved for Clerk's filing stamps RECEIVED Against the COUNTY OF CONTRA COSTA) ) Or ER _ " �S croT DISTRICT) w (Fill in name ) The undersigned claimant hereby makes claim agai tra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ---------T- -iiiia• r---------------ii _ i ... -- i_i_ '•�_ �. When did the damage or injury occur? (Give exact date and hourf ::,. T- ^ � iWiere-did-the damage or injury occur? (Include city and county) ♦♦1 ±IAL iR-- - ..� _•••---T--- --•r iii--iii- ---i .,1- 3_7 How-did the damage: or injury occur? {Giveuiiidetasis, use extra sheets if required) Y, Liii i 4. What articular act or-omissionion the p part of county or district- officers, servants .or employees caused the injury or damage? ' N; 'C A kt� OT C O T I S' • (over) • Wh3t are the names of county or district officers, servants 'or employees causing the damage or injury? • ..tt,,..tt EL! _ !!i_ _;F i Rge or- n u fees do yK clam suttee?N'�Give-full extent!r 6. What damage ort � y of injuries or damages claimed. - Attach two estimates for auto • ,,ter.r ' '__ !li—rrllL.iriLlsis ri�ri�..nrr lrsirr.rrrill�.r!! rrr rri+ririii ill�.rlrrr+�riiir - . ?. How:rr�rw�.as the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 46 � AQ< �rlirli.iY_l.Yil. r!ll�riili.il rlr!!!i!l .l Nil�Rli it!ilii! Mililirl�Ylr.lrrr«MM�r if 8. Names and addresses of-witnesses, doctors and hospitals.42-0 ,. `--- - �V, Y AGS r!!rT r .r...lil.rlir..irl...lililw.! .nlwrT..Ylrrr 15 List the,expendMures you made on account oflthis accident or sn�ury: `:.�� ITEM AMOUNT =i Govt. Code Sec. 910.2 provides: �. . "The claim signed by the claimant - SEND NOTICES T0: (Attorney) or by some person on his behalf. - « Name and -Address of Attorney C a an Sig ture ddres { Telephone No. Telephone No. -2.2.2-:7Q3 g a v �*�*�,�,�t:t*tf#err►**��r�rrrr��*���rr#��*�*,�****#��****:rr�:,�**+�,r�*:�*ter#�r�e:��#�*f T NOTICE -J 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 districtv ward or village board or officer", authorized to allow or pay the same if genuine, any false or fraudulent claim, bill,, account, voucher, or writing, is guilty of a felony." CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County. or District governed by) BOARD ACTION the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT March 1 , 1988 and Board Action. All Section references are to ) The copy of this document nailed 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: $21. 85 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DAVID VIGIL 310 Linfield Drive ATTORNEY: Vallejo, CA 94590 Date received February 3 , 1988 ADDRESS: BY DELIVERY TO CLERK ON y BY MAIL POSTMARKED: January 30, 1988 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim.' i DATED: February 5 , 1988 IdIL ELOR, Clerk DBATCH: eputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (A) 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: ol�7j /go BY: puty County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 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 1 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 4 1988 Dated: BY: PHIL BATCHELOR by X4"eputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF'SUPERVISORS OF CONTRA COWF�Orr@91FRYappocation to• Instructions to ClaimantC!erk of the Board P.0.Box 811 Martinez.California 94553 A. Claims relating to causes '6f action for death or for injury to person or to personal property or growing .crops must be presented not later than the 180th 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 SuRery4sors at its office in Room 106, County Administration Builduig, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, gather 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 Codec:72 at end o his form. r":T RE: Claim by }Reserved ,�,K ; ,�Q stamps .' RECEIVED } Against the COUNTY OF CONTRA COSTA) f�$$ or DISTRICT) o (Fillin name ) i:3 The undersigned claimant hereby makes claim against the County of Contra - Costa or the above-named District in the sum off�Qo -= and in support of this claim represents as follows: >' .'� �. When did the damage or injury occur? (Give exact date and tiourT J - '3. Where aid Ue damage or injury occur? (Include city and county's w..► � �r��r�..fr.wr�.�rr .. �w.�.w�T .1.� 3. ow did the damage or injury occur? (Give buil details, use extrar�r sheets if required) �L��LY��Y�Nr..r����� �i�r�.r i.a������i`i���.►s��i�i�r�� � ., �. What articular act or omission on the T '"�" p part of county or district officers, servants or employees caused the injury or damage? ~ : G w (over) 5. What are the names of county or district officers, servants or employees causing the damage or in jury? '� ! - T�•� � lClk-- f� .Y ww---_ ___ _-- 67"`What a or n uries claim resulte ? Give-fullextent9 � ��� t of injuries of damages claimed. . Attach two estimates for auto damage) _ A—� 7. How was the amount clauned above computed? (Include the estimated amount of any prospective injury or damage.) w__w— w __— w---w�—w w.___w.._ww---w--ins—www+ 8. Names and addresses of witnesses,doctors and hospitals. �. Li%Z 7. en d to es you made on account of this accident or snjury: ITEM AMOUNT zUS� vc�--( Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or some pexsono his behalf.""" Name and •Address of Attorney laamant s i-nature41 Address ' Telephone No. Telephone No. �-�t-�l��_ WO_ T� e Section 72 of the Penal Code provides: "Every.person who, ,with intent to defraud., ,presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, '• or writing, is guilty of a felony. " - r.►a•':.�% �.r.w.�....a:-..-...-.-'�`3K�.��rr'rli.►an.+ _.....sr.,._ .,.... ... . .. _.-. ._.... _. ,r..__....s.tr'i..`s' -_. M. CONTRA COSTA DETENTION FACILITY - PROPERTY RECEIPT DATE: 01/26/$$ REC: .126367 TIME: 0535 FACILITY: MDF NAME: VIGIL DAVID MICHAEL !POOKING NBR: -$$00206$3 EM UNDER COUNTER: Y OR N INTAKE CASH: $ . 00 EWELRY: N DESC: �-TCH: N DESC: WALLET/PURSE: N KEYS: ] GLASSES: N BELT: Y BLk ' KNIFE: N OTHER: OPEN CIGS,MATCHES„ PLASTIC COMB ='.COLOGNE BKG OFC: 42067 PROPERTY BOX ASSIGNED INMATE IGNATU E RELEASE DATE: : 1 HAVE RECEIVED ALL OF MY PROPeRT �. ,. ..PERSONALY. REL OFC: r "X, ` P �- INMATE SIGNATURE " �..-..��r .fir_• CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ^Claim Against the County, or District governed by) 6OARD ACTION tie Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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: $3. 00 Section 913 and 915.4, Please note all "Warnings". CLAIMANT: GREG GETTY 33 Loftus ATTORNEY: Pittsburg, CA 94565 Date received ADDRESS: BY DELIVERY TO CLERK ON February 4, 1988 hand del . BY MAIL POSTMARKED: no envelope I, FROM: Clerk of the Board of Supervisors R TO: County Counsel Attached is A copy of the above-noted claim: xIL gATCktELOR, Clerk DATED: February 5, 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 910.6). ( ) 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: �'fS({ BY:_ %CldgDeputy 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 {/his 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 1 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. ,LIAR 4 1988 Dated: BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator j�+ l 100 DAY CLAIM CLAIM AGAINST: •. hereby presents a claim for damages against / Y CLAIMANT'S ADDRESS IS : �_�. {USS -Pd- s b L)r LA Claimant desires that all *notices or other communications with regard to this claim be sent to: ,haVe- -.dc��e5� DATE OF OCCURRENCE: Z.3 PLACE OF OCCURRENCE: C',A SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUMSTANCES : ,-9 �aw Sd.e� i S 01 -SS i C- y4 REdIV +0 h�' 6,,u �+ �-� 12 JV, CLER BO� R R SORB pul k +�s<ye ,v)'iur'�.S cok brv'ks- aMJ �wel v'VA c� By a hla C� L �l�c �J cv� St4C-� G L— S�b NAME AND CAPACITY OF EMPLOYEES OF�'�,4•�y� ( �5-�, ��,ti�ti,-�,, SLA, Vt1"i��s Ce>��k Su�.Q.�4:.i1 HcunS�ti. GN�GI �tiPrl,''S AMOUNT CLAIMED: SPECIAL DAMAGES TO DATE: GENERAL DAMAGES TO DATE: $1. 0 0 ESTIMATED FUTURE DAMAGES : $ I• ©U ESTIMATED TOTAL TO DA'L'E00 I declare under penalty of perjury that the above is true and correct . Executed c,- California on: ucUf 3 CLAIM f��f BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA , C1aim.Against the County. or District governed Dy) BOARD ACTION the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT March 1 , 1988 a,)d 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: $3. 00 Section 913 and 915.4. Please nate all °Warnings". CLAIMANT: CHRISTINE BANKERT 33 Loftus Road ATTORNEY: West Pittsburg, CA 94565 Date received February 4, 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. February 5, 1988 PpHHIL BATCHELOR. Clerk DATED: y BY: Deputy , __ — Y. 1p"_ - 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: Ze Igg BY: L`W_64 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 OR R: 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 Boar=puty es for this date. Dated: MAR 1 1988 PHIL BATCHELOR, Clerk. By 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 claimanO ho leve. Dated: M BY: PHIL BATCHELOR byX/- eputy Clerk CC: County Counsel County Administrator 1OU DAY CLAIM CLAIII AUAINSTs . C CCUC1� Stier Oc G� Lkr I P,(., 7A hk ft �' hereby presents a claim mfor daages against CLAIMANT'S ADDRESS IS: Ura Claimatit desires that all not�ces or other connnunications with regard to this claim be seat to : CA 00H, (A d d DATE OF OCCURRENCE: PLACE OF OCCURRENCE: Con C.0 (� vp� �;L , yf\ C.t SAID CLAIM ARISES OUT OF THE FULLOWING CIRCUMSTANCES : G co�,-6► �Oui1 5�1P�' 5 C Arco &-' h cu ezi be.(cu; �V EID a 6r • s R NtL't Ina � e 0- 0 7r ZyetCk AiOs ci ppli ld 11hile i cL�Gt �. h A EL IsOFts ('JERK NT P°ty C 0 NAME AND CAPACITY OF EMPLOYEES OF CU ��senf r C> , c 1 ti k I, 1)(At Ker n t �Ahdis AIfUUNT CLAIMED: Ear 16 "wi l �t55d SPECIAL DAMAGES TU DATE: $ (. Pd GENERAL DAMAGES TO DA'!'E: $ j - 00 ESTIMATED FUTURE DAMAGES : $ 1. 00 ESTIMATED TOTAL TO DATE: $ 0 I declare udder penalty of perjury that the above is true and correct . Executed at WcJl-\A Cree,�, , California. on: f—ekpaahu CLAIM f BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA ti �+ Ci.sim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT March 1, 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: $10,000. 00 Section 913 and 915.4. Please note all •Warnings". CLAIMANT: HAROLD CARLSTAD 764 Coventry ATTORNEY: Kensington, CA 94707 Date received 19$g hand del . ADDRESS: BY DELIVERY TO CLERK ON February 4, BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors 1:tO: County Counsel Attached is &.copy of the above-noted claim. DATED: February 5, 1988 QQHHIL BATCHELOR, Clerk 81t: Deputy L. Hall Ii. FROM: County Counsel 70: 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• �d� BY: 4"zgy-41t, 4&X1&6*puty County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (J/This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. MAR 1 19$8 Dated: PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAR 4 1988 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 100 DAY CLAIM ------------- CLAIM AGAINST: 4 /- G!T�+'a C.oSt(,\ CA hereby presents a claim for damages against 0� J � CLAIMANT'S ADDRESS IS : Claimant desires that all notices or other communications with regard to this claim be sent to : LINDA FULLERTON, Attorney at Law, 145 Park Place, Point Richmond, California 94801 DATE OF OCCURRENCE: On PLACE OF OCCURRENCE: jUy J4C< YDS c ST G07 SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUMSTANCES/: �'D d��-• 7 G.3'1 57� l,E� �.�CU�rn U.w1 S (,yi12�i LJ wt��_ RECEIVED 2 , j 4 1988. oc-CL�-'Ad i-*aL ' P BA HEIORSL1RJ�M� 44A S[to N / 614i % � CIER SU VISOR, UD I NT C Deputy BY c. r �QS NAME AND CAPACITY OF EMPLOYEES OFUV AMOUNT CLAIMED: SPECIAL DAMAGES TO DATE: $ .2 00 - O 0 GENERAL DAMAGES TO DATE: $ 90,--) . 0 0 ESTIMATED FUTURE DAMAGES : $ oL 0 O • 0 ESTIMATED TOTAL TO DATE: $ J 00 0 , 0 Q I declare under penalty of perjury that the above is true and correct Executed at Point Richmond, California on: d -7/4 LINDA FULLERTON Attorney at Law CLAIM • t BGARD 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 1 , 1 9 8 8 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: Undetermined Section 913 and 915.4. Please note all 'Warnings". County Coun9tl CLAIMANT: . JANE JONES 16711 Marsh Creek Road #54 FEB U 2 1988 ATTORNEY: Clayton, CA 94517 Date received MartJneZ�,c.�ruary3l , 1988 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: January 28 , 1988 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a_copy of the above-noted claim. DATED: February 2 , 1988 g(�IL ep�tyLOR, Clerk , L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) Claim isnot 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: �2 BY: v /t4 .�l 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 1 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 1 am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; 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. t Dated: MAR 4 1988 BY: PHIL BATCHELOR by r puty Clerk CC: County Counsel County Administrator t CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, .CA) . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Res ing stamps RECEIVED Up0 Against the COUNTY OF CONTRA COSTA) 176e or DISTRICT) C �` O Fill in name) By 80A� u........................ The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1*1," p� and in support of this claim represents as follows: 1. When a a the damage o-r injury occur? (Give exact date and hour) ------------------------------------------------------------------------ �2. /f�Wh/�e�r�e did the damage or injury occur (Include city and co ty) ---------------------------------------------------------- ---- ------How did the damage or injury occur? (Give full details use extra sheets if required) ----- ---- -- - - ------------------------------ 4 . What particu- -l-ar--act or omission on the part of county-or-- di-strict -- officers , servants or emplo ees caused the injury or damage? Lh (over) a 5. What are th@ names of county or district officers, servants or t employees causing the damag or injury? ---------------------------A,117�----------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injures or damages claimed. Attach two estimates for auto damage) � 71 - .- How w s the amount -2 -------------------- � � ----"- -------------- 7 laimed above computed? (Include the estimated amount of any prospective injury or damage. ) s ---- ----- -------------------------------------------------------- 8. Names------a-nd addresses of witnesses, doctors and hospitals. __ _ - C '''7__-__ -__ _-_ 9. List-the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 0 0 .3 V 131, J Govt. Code Sec. 910.2 provides: ,F..,,,...,::r�•,•_ "The claim signed by the claimant 14 SEND N 10ES� TO: ) orb some person on his behalf. " Name and Address of Attorney Cla' ant' Sig ture ,01711 Add ss Telephone No. Telephone No. �`t`j. ) 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. " ESTIMATECUSTOM PAINT AND AUTO BODY 216 4 t PiedmontWay, Pyitt�sburg, CA 94%3 OF RE3A1 $ Tel, (413) /4-77 .NAME ADD /a/� E MAK 37Yi SERIAL i LIC.i ' ` DATE r Probstlie INSURANCE CQ ADJUSTER DownmeTl PHONE NO. RIGHT SIDE FRONT OF CAR BUMPER FENDER FENDER Bumper Brkt. Fender Skirt Fender Skirt Bumper Guard Fender Ext. Fender Ext. Bumper Reinf. Fender Mldg. Fender Midg. Bumper Pad W. O. Midg. W.O. Mldg. Gravel Shield Cowl Caws Valance Head amp amp Headlamp Door ;`:• Headlamp Door HEADER PANEL Sealed Beam Sealed Beam CAR Grille Park. Light Park. Light 7 Grille Mklg. Side Mark. lamp Side Mark. Lamp Grille Brkt. vbrt.Supt. DOOR, FRONT DOOR,FRONT Door Hinge Door Hinge Door Reinf. Door Reinf. CORE SUPT. Door Mldg. Door Midg. Radiator Door Handle Door Handle Red. Shroud Door,Glass Door,Glass Red.Hoses Anti-Freeze DOOR,REAR DOOR,REAR Fen Blade Door Midg. Door Mldg. Fan Belt Center Post Center Post _1 A - Fen Clutch Rocker Pane Rocloar Mkig. A.C. CONDENSOR QUAR. PANEL QUAR. PANEL Recharge A.C. Quac Ext. Ouar. Ext. 7 Air Cond. Line Ouar.Wheel Hse. Ouar.Wheel Hse. Dag Leg DN eg Ouar. Mldg. Quar. Midg. HOOD Wheel,Open Midg. Wheel,Open Midg. Hood Hinge Fender, Rear Fender, Rear Hood Mktg. Tail Lamp Tail Lamp Hood Latch Side Mark, Lamp Side Mark, Lamp Omament REAR OF CAR MISC. ITEMS Name Plate Bumper Top Bumper Brkt. Antenna Bumper Reinf. Battery SPINDLE Bumper Guard Gas Tank Wheel Bumper Pad Frame Tire %Worn Body Panel Cross Member Hub Cap Gravel Shield Motor Mts, Up.Cont.Arm Floor Undercoat Up.Cont. Shaft Towing & Storage Lan,. Cont, Arm TRUNK LID Refinish As Nec. Low.Cont. Shaft Trunk Lid Mldg. RECAPITULATION Wheel Align Trunk Hinge Trunk Lock lelxx Hrs. ®3 S WINDSHIELD ff, Uc.Light Pans S 3 Adhesive Kit q-0- V_ Back-up Lamp Tax Moulding fy 1JI, ti Open Items Material t M the customer wishes to claim used and/or damaged Parts, please check this box ❑ 6�++rsr authoriwe the repair work fisted to be done along with the necessary Pana and materials.My car will be driven by Yarn 01111) yaaa Sublet �•�f. fo maks required tests at my risk.M express mechanics lien is hereby acknowledged on above car or truck o secure the amount of repair tltsrslts t hereby Tana the Statute of l.immations and$ action on dit account requires sm of an anoriwy I agree to P"W1% , n(� ti ao, par rnorah which is an annual percentage rate ai1$%from date.reasonable attomay'S fees and+COurt eOSG1.Storage wit)los charged 30g IB haus after repairs are completed.Not responsible for loss or damage to care or articles left In cars in case of fire,theft.aa:idem or TOTAL any rather cause beyond our control. Authortwd by X • INVOICE NO. GOMEZ AUTO GLASS & TINTING 2112 'E' Piedmont Way 5175 Pittsburgh, CA 94565 (415) 432-1059 70 78 SOLDTO SHIP TO A-ty- STREET&NO. STFVT&NO. 6 711 C( - CITY STATE ZIP CITY STATE ZIP y:CUSTOMERS ORDER SALESMAN DATE 1 — Ll l3 !i "'4s 'Z04 E�I� �F g ry i E� v2Si4iCw8id EV(vS'3n.vhM .v.<Adb .oFh0.:.dc..tifbo•.n 3%kdc. . ... �g L. .. i K: CLAIM BOARD O� SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim aim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 1 ' 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�V�b�e���)�giv�e�n�pyrsuant to Government Code Amount: $2 0 0. 0 0 Section 91 a 88 OO note all •Warnings". . CLAIMANT: RICK HERNANDEZ FEB 02 19$8 8100 Hwy. 88 Martinez, CA 94553 ATTORNEY: lone, CA 95640 Date received January 29 , 1988 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: January 26, 1988 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, gg DATED: February 2, 19.88 ��rL 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: ; %24zk BY: �rC� 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 1 1988 PHIL BATCHELOR, Clerk, By t . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney. you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. /� Dated: MR BY: PHIL BATCHELOR by 4�-�C•.�.- Puty Clerk CC: County Counsel County Administrator CLAIM TA ^ - -,.- BOJkRD OF SUPERVISORS OF CONTRA CONaAW;Yapplication to. Instructions to ClaimantC'e,k of the Board .O.Box 911 ~ Martinez.Calitomia 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 presentednot later than one year after the accrual of he Cause of action. (Sec. 911.26 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 Distript should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Reserved for Clerk's filing stamps ) RECEIVED. Against the COUNTY OF CONTRA COSTA) 1 JAN 2 9 1988. or DISTRICT) (FillIn name OL rs ) �,t T A The undersigned claimant hereby makes claim aga ontra Costa or the above-named District in the sum of and in support of this claim represents as follows: iexact___iii!-!_!__i!!!i !!!!-When did the damage or injury occur? (Give date and hour] �.�-wfieze"did-tFie-damage`or -j y- i ty -� ;!!!! zn i3r o`ccu=?- Include city and coun 3. How did the damage or injury occur? iveiul� �etasSs, use extra sheets if required) ) (J Tiw.-..-iiiii_i_i_i-i_iriw.iliiri Til wlT!_!i! 4. What particular act or amissx.on on the part of county or d�strsct officers, servants or employees caused the injury or damage? . t! (over) -40 -3. What are the names of .county or district officers, servants or employees -pausing the damage or injury? • a a 7 9 6. What damage or lnluries do you claim resulted? ZGive dull extent of injuries of damages claimed. Attach two estimates for auto damage) pp b . I 7. How was the amount claimed above coJDuted? (I^^nc--luaade the estimated oi}q�t of any prospective inj damage.) `vte va-c c� 0 0. o d ,,O�� � � a5,o 6. Names and addresses of witnesses, doctors and hospitals. .. _ _ w___-- T_______________________________T ______T_T____ S. List the e�xPeenditure,s, you made on account of this accident or injury: DATE . _ .� ITEM AMOUNT l / 5� 130. cu m /0o. 00 c.L-C,71(f a/ 3S.crC> 5-d/ J ec'7S 3s-- 00 i u6P Soc/ 6'-o O ' 0 c , Q a6 r Govt. rode Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or bv some person on his behalf." Name and Address of Attorney C1 ant's Signature Addr ss Caf Telephone No. Telephone N�.Zo9,a-7 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 J BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA << Claim Against the County, or District governed by) BOARD ACTION the Bddrd of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March l , 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: $311. 00 Section 913 and 90obrittl8mpe(all "Warnings". CLAIMANT: ROBERT ROBERSON FED 02 1988 2321 108th. Avenue ATTORNEY: Oakland, CA 94601 Martinez, CA 94553 Date received February 1 , 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 February 2 , 1988 PeHHIL BATCHELOR, Clerk DATED: Y BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( } This claim complies substantially with Sections 910 and 910.2. (� \) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: A 11=2369L Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (/This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 1 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: MAR 4 1998 BY: PHIL BATCHELOR by —CJDeputy Clerk CC: County Counsel County Administrator C L;' I M T 0 BORRD OF SUPERVISORS 0.7 CONT.R;. Instructions to rlai7-,ianClerk of the Boarc -- P. 0. Box 911 Martinez,CafiforrilL 94563 Claims relating to causes of action fo-- death or Zor In-tury to person or to personal property or growngcrops must be presented no- later tha�n the lCr.1th day after :,he accrual of the cause of action. Claims relating to anv- other cause of action must be present-ed no-;,-- later than one -vear after the accrual of the cause cz action. (Bec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at IBuilding , 651 Pine -' -I-s office in Roar: 106 , County Administra-tion S-'Creet, Martinez , 'C'al ifornia 945-53 . 7-" _jazTr: -� s ac:ajns-, a district c--,7er:-.ez by the Board of Suvervisors , cher tha- the CGL:.-tv, the name of the DistrLct. should be filled in. --he c-Lair is m aga - st -re h tar one zuh14 - -n-- tv , seDarate c1a4n. s nusbe filed against each public en 4--v. E. baud. See vena I tv ::,r fraudulent c I ims , 'Pen a I Code Sec. ?2 at end C"' -ir, by s-ar-.-Ds RE: Res inc 4- 17 11ED to C X f ra 4--st the COUNTY O. C0. TR2. COST-11) or DISTRICT) CL f tsdAs (F i. in name) ) 9 t .. .. ... ... The undersiane'6- claimant he-ret%, makes _ cla-Lm acainst the ­ntv of I "o- 0 Contra Costa or the above-na.Tned District in the sum cf' Z-L�,� and: in su=:)ort of this clair^ represents as follows : --------- - 7 `--- ---------- ---- I the damage Gr-_I:-- 7ury ;7­ tG7-ive-exac- date-and hour) ---------- --------------------------- 2. Where die the damage or innury occur. {Include city and county) 41' -------------------2L------ U ------------- ----- 3. --- m_;;_e_or_`1rnj-!'ury_occur.) ails, use extra ;.iow did he d; Giv sheets if -required) 4- - ---------------------- f i . What particular act or omission on the Dart county or distr:Dct officers , servants or employees caused the injury or damage? tover` 5.. :• What: ar.e-tie:>names of county or district officers, servants or employees;causing the damage or injury? K. -What-7damage7or injuries do you claim resulted? Give full-extent of injuries or damages claimed. Attach two estimates for auto damage) t ' 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) 8. Names and addresses of-witnesses, doctors and-hospitals. - ----------------------------------------------- 9. is he exp Mffttl--res---you made on account of this accident or injury: ITEM AMOUNT � c9z5 015r, eo //e. Govt. Code Sec. 910.2 provides : "The claim signed by the claimar SEND NOTICES TO: (Attorney) or by some person on his behalf. Name and Address of Attorney taimant' s Signature kddr?, �=— Telephone No. Telephone No. ! �'d� ,9 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. " m . CID s - • k h Z U LL o '�..r V w W % Lu W J oc _ uj LAJ Gi UJ LU s Cr W m m W Z ` w 0 lei, r W f i�W � C1_ C1 m V f. � 2.aw s� r �.. c < _ o a W 3 zM. ui cr, oD. ry.z.w . Ln. dZ u -Z _ l_ t -.W.CLr:, ,v o W W W Z N Z N o m d.U �- jXO g o to O CID ". Z in w ,p.. • IL Z.`� N �W. F r tn.; F.�� W O:W W O Y' 71 . crC - ..._�z �,-,. '�v�+".•a6��:` R-_ •-_. , { _ z+ZF, a Z.t � Q OAK f � � � � N - � its •; � O �. J� -.e F•- O '. C b t J W W r sz a N - m.m - �k < iL ice V Z Z W w � Z ui r r. 44, yy •�t 2•-Y �I+�, r Y' Lq. - 3 i "k`T` �' •fes X i �.'"i•-,�,c r r Q$ O 11a O 3ti i� :to F t/?; _ rg LLJ ' o 0 U-CL h V m W Vj uj L ,,.SSC'�w-V t•�i - s� � ��• L �M. � Y - rnm m mO mm�� NN � -► m = Com. m Z Z r x 'P v vDi m N Z ��_ O Z 03 - 'v 70: Z� �O Z V D M- Z 7C m m 0%: - - N ,.N to , m ,•� � O om '^ n n M oo m -i Z m ` 'm D m z r n .-0 m m n O `" Om i m T T z T Q N ;n -1 -� --J�- O ' T k. Yom_ An.,. j CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ;r3aim Against the County, or District governed by) BOARD ACTION '4the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 1 , 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: $50,000. 00 Section 913 and 915.4. PlQQWiAtyeQ9P%%%ings CLAIMANT: Timothy Alan Woodbeck FEB 0 2 1988 c/o Thomas G. McLaughlin ATTORNEY: Sanders , Dodson, Rives , McLaughlin & Pegnim Martinez, CA 94553 3701 Lone Tree Way #8 Date received 1988 ADDRESS: Antioch, . CA 94509 BY DELIVERY TO CLERK ON January 29 , BY MAIL POSTMARKED: January 28 , 1988 Certified P 771 357 603 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February2 , 1988 EVIL gATCHELOR, Clerk : Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors O� 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: L -0 fi 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 {VI/This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 1 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 4 1988 Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator Claim of Timothy Alan Woodbeck, _Claimant, CLAIM FOR PERSONAL INJURIES (Government Code § 910) against The County of Contra Costa. You are hereby notified that TIMOTHY ALAN WOODBECK, hereinafter described as claimant, whose address is 4660 Teakwood Court, Oakley, California, claims damages as of the date of presentation of this claim of $5.0, 000 . 00 . This claim is based on personal injuries sustained by claimant on or about November 4 , 1987 , on Ashwood Drive at the intersection with Teakwood Drive, in an unincorporated area of Contra Costa County, State of California. Claimant was injured in an automobile/motorcycle accident which occurred at the aforesaid location. At the time of the accident claimant was driving his motorcycle northbound on Teakwood Drive approaching Ashwood. At said time and place, employees of a Contra Costa County Sanitation Department truck so negligently parked, maintained and supervised said truck so as to proximately cause a collision to occur. In addition, said employee or employees negligently failed to warn passersby of the particular danger and hazards thereby proximately causing said collision to occur. The injuries sustained by claimant, as far as known, as of the date of presentation of ,this claim are as follow f to -1- �. r F Loss of earnings and Impairment to Wage Earning Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 , 000. 00 GeneralDamages . :. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 44 , 000 . 00 Medical Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 , 000. 00 Total Amount Claimed: $ 50, 000. 00 All notices or other communcations with regard to this claim should be sent to Thomas G. McLaughlin of Sanders, Dodson, Rives, McLaughlin & Pegnim, 3701 Lone Tree Way, Suite 8, Antioch, California 94509. Dated: January 26, 1988 . T nijfT McLAUGHLIN Attorney for Claima -2- _ CLAIM BOAq, 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 1 , 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 015 . 97 Section 913 and 915.4. Ple ee notea11�"L�Warniirgs". Amount: $1, t t�++ CLAIMANT: NEWELL T. PARTCH � � � 895 Augusta Drive 02 ATTORNEY: ',Horaga, CA 94556 Date received Martinez, CA 94533 ADDRESS: BY DELIVERY TO CLERK ON February 2 , 1988 Risk Manac BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a- copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED: February 2 , 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: 2 a BY: AZ W Au 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 ( V 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 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: MAR 4 1988 BY: PHIL BATCHELOR by4�t,e,e�eputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, .CA) • C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by )Re ling stamps .:ewell T . Fartch ; ECEIJV ED ""� r c8 2 98 Against the COUNTY OF CONTRA COSTA) or DISTRICT) [ .R. SORs Fill in name) ) l The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1 , 015.97 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) On Anril 24 thru 2E , 1987 , plane was moved at least twice in this period . Dama.Te was uncovered Oct. 27 ,1987 when plane was steam cleaned before re-painting.Damage ren_ aired as shown on Fhilairco Invoice 3512 of 11/25/87 enclosed . 2. Where did the damage or injury occur? (Include city and county) Buchanan Field Airport , Concord , Contra Costa County at or near tie down space ¥39. --------------------------------------------------------- - --How--dd--the damage or injury occur? (Give full details, use extra sheets if required) Moving aircraft with a mechanical tug or tractor - see 22 Dec.1987 letter attached . 4. What particular"actior omission on the part of county or district officers , servants or employees caused the injury or damage? Turning nose4e_gl tob , sharply - past the RLD 15 degree turn limit warning marks on the nose strut - see 22 Dec -1987 letter attached . (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? I wasn't notified of %,-IanaFement personnel at Buchanan Field - names unknown. move and wasn't there. Damage appears to have been done by employee of Pacific' States Aviation,FBO on the field who moved planes in area. --------- ----------------------- 6. What damage or injuries da you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) Please see Philairco invoice #3512 dated 11-25-87 and attached letter of 22 December 1987 describing damage. __ _ -;_ _ - ----------------------------------------------------- 7. RON �aiK; amountc1aimedabove computed? {Include the estimated amount of any prospective injury or damage. ) See 6 above K-- - _i_ - -;-;-i- !---i-;------ _�_ __-_________a__-------------- &aTe �na ;aarse ; wlnsses, a�coisand hospit1s- Unknown - possibly tractor driver or line crew of Pacific States Aviation. ----------------- �-.--L-l;E-Ese---eR-p;-navii-ui�i--y;-u--ma-d-e--o-n--ac--c-o-u-n-t--o-f--t-his accident or injury. DATEINOW ITEM AMOUNT clalinVJVIJvl�1­2 d mages to plane only. No claim submitted for loss! 0 W Wal time spent. A .)%IOAC,41 Alf i;) Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOT .Mg"TZT: Attorne or some pe I rson on ij behalf.," Name and Address of Attorney XAZ�ezu L Claimant' sSiTgnature 895 Augusta Drive ri Address mbraga, Ca. 94556 Telephone No. Telephone No. (415) 3?6-8782 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 offic allow or pay the same if genuine, any false or fraudu Aqmierl account, voucher, or writing, is guilty of a felony. " E F E 6 1 INS Risk Management nv;i nr+nvF_1 u t U 23 1997 1 Q� • Contra Costa County NEWELL T. PARTCH RECEIVED 895 Augusta Dr. Moraga, CA 94556 DEC 24 M7 22 December 1987 Risk Management County Administrator, Risk Management 651 Pine Street, 6th Floor Martinez , CA 94553 Attn: Ron Harvey, Liability Claims Officer Subject: Damage Claim on Aztec N40537 Gentlemen: The following should help clarify the brief answers to questions 1 thru 9 on the attached claim form. Aztecs have a cast lug on the nose wheel strut limiting turns to 15 degrees left or right. Obviously, the plane can be flown when this lug is broken, but it's hazardous. A sharp turn during landing or high speed taxi can cause the nose wheel to flip around to 90 degrees resulting in very expensive damage. Please see enclosed Philairco invoice #3163 dated 2-13-86 showing replacement of this nose strut during that 100 hour service. It had been broken earlier probably at Oakland, Orange County or Pomona but I was unable to pinpoint the spot. These airports use large mechanical or riding tugs to move parked aircraft and when drivers carelessly ignore the red alignment marks painted on the nose strut they can exceed the 15 degree limit. On Oct 25th, I left the plane at Car-Dan Aircraft Painting on the Red Bluff airport for stripping and repainting. While steam clean the plane they noticed the broken strut. Philairco has replaced it as shown on the enclosed invoice #3512 dated 11-25-87. The enclosed copies of my pilot log show landings at only two airports with mechanical tugs available, OAK (Oakland) and PSP (Palm Springs) . These were passenger stops only so aircraft was not parked and moved. The other airports, RBL (Red Bluff) , PXN (Los Banos) and L08 (Borrego Springs) don't have tugs so the plane must be moved by hand. At CCR, the plane is kept on a taxi thru tiedown #39. Therefore, it seems to me the only place this damage could have occurred was at CCR when the plane was moved for the April 25th fly-in. I carry $1,000 deductible for non-f light damage but if I file a claim, premium increase for the next year or two will eat up any c 1aim payment and I ' 1 1 be out of pocket the amount of this damage. So, insurance reimbursement from either CCR or Pacific States Aviation will have two beneficial affects. It will help me wauwanuew ISIH 6881 j 833 and should serve to�� Ztractor drivers on the airport to be more careful whe4UO 1441303 and Navajos. Ver truly yours, Ne 1 �. ar Enclosures: Claim Form Philairco invoice #3163 (copy) Philairco invoice #3512 (copy) 'n, 1—4- T -- 1 -1 A 0 L L1__ 7 A n c n or i_____♦ z c PZ NA •q �r*+ ~ `4 y A °= o7Oi - z C H z a ,� rn c7Oi� O f •tip. ,�A - _ X R> 83 > o D D3D3 OOF 0 S Ro f1y H s$ °; 00 3 `y = rn � O� 2 A Rr 8V OFTQ � \` Z O 0> m0 OCC ND Q 90 z Ab> Q r:N mN o Ell r of Rco T m �' z V) om $T ro e �J �o sod _ ,o s • r N 1/ m■ (Zlf 9 V n Z 3- � P l v r .•1 CN n Q O O O m OY y N O D D r n C� N 4 = 3 3 3 Z D Q° O m O o c D rn .D t/'f tfy A A ^� O X Z o cn 3 } ❑ 1 -- -- -- -- — -- -- -- -- -- -- -- -- -- -..- -- C ; Z i . - 2 F � C a4 _ m `. �, z Q ? o < �► DZ up o A OWN - � >t m TOIn m -- -- -- -- - ^_ o Z m ~ a A A N to S` + r 4 4 m CV) ° LU im W a _ Q 3 Q Q W J W • sO �Y ��� .I { Fes. F.• v y� m 7 � f • o mA tQ � y+ OuN O -- -- -- -- -- -- - -- - V, Z . W V V � $ .El m JKLU ❑ LL z Z 3 MISSION a. m a a ¢ $I , g �e A` w V a EF� on(s� O t - o vii i p oo s. wO � aaZ ;. . Z �<y f o x snip .-4 oo E di € < s'o id X Z o J Ou s... N � CK Y s W Q 4 r O 15 ,s H . H-T zi I I I I I 4A 1 ` 0 H L _ � m a c 3 �y m = � 1 � _ 8 `1 -t n7. M s= IC 311 Ic wP Lo tea" Fe t - m gi =rry ti loan t> 10 r .e rem 12 a Lo C N rm O 3 T CL a $ 41, i r-- • • w C w m v N r} i �s S 1M•� � t:Y a w fA PI _>_ M ~ CL � o It v - _ � z O 7 � C s � - wo M O 41 m p O y mayy' ItTT . OT) M �� gA k � W- i N� De� i'z �1 C� Q l'9 On C� y f � ~ Y Y a•e+ Y! �Z M lzi Q -- c•� � � � -` � � cel � r� � N is dao 1 L s x F i a — 44 s � a 0 v s W� LLIL p M NT�1 t. r y' .. �z rA C46 r4 A I 3 T � 4` J 1 ,r ''s } �r• � �. WE k Q (/ _ a 9 _ 4 g C w 4 W . S W 0 �W r O Qi y. s s off. 1 s a ;», oll , o O In 0sp yn s OR bn 7L r ir C 1!1 . F' , 9 iY fe t Am i O _� I• � C/7J U • , I • 1 PHUMCO 16.50 AMPORT ILv06 W r,UFF, CA. ftW STATEMENT �jo � SSS 9S f�u G v sTy- at 1�J PLEASE RETURN THIS ST B Tr100R'R[ TNRTA&30URLLEL Cc IS UR RECEIPT. DATE DESCRIPTION CHARGES CREDITS BALANCE •t�'. / ' z •;Q a-' 7 7�c art C �..: c ol PAY LAST AMOUNT IN BALANCE COLUMN A 8K8,, ESM. .s _j } The Board of Supervisors Contra �o»�ftard " County Administration Building Costa Coland unty Administrator (415)372.2371 651 Pine St., Room 106 County Martinez, California 94553 Tan Powef, lot DiWin w,ry C.Fohdon,2nd Dist-it; FAbwt t.sohrodw,aro DWW sw"wrWd YePaak,4th District Torn TorUftem.Slh District TO: Newell Partch 895 Augusta Drive Moraga, CA 94556 NOTICE TO CLAIMANT (Of Late-Filed claim) (Government Code Section 911 .3) (X) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the X County of Contra Costa and/or District, on December 30, 1987 is being returned to you herewith because it was not presented within one year after the event or occurrence as required by law. (See Sections 901 and 911 .2 of the Government Code. ) Because the claim was not presented within the time allowed by law, no action was taken on the claim. You may' seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attor- ney, you zhould. do, so immediately. e e e a TO BE FILLED IN BY THE CLERK OF THE BOARD ONLY IF APPLICABLE: ( ) Since a portion of your claim is not untimely, we are retain-ng a copy of your claim for Board action on that portion of your claim which is not untimely. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Clerk Date; January 13 , 1988 .. - ^�-'- w'c-�.. -..�:.�^'��.�--.;,,'�p�a.,'�a, a"."�,•—•, . ... ... .. ... ... .,.t_ ., Nc�.-k-, n?74.. .. v rs,_-.5:� ..t-.e—...r4:.-r,,.....,razz �., CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal Property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 (or mail to P.O. Box 911, Martinez, .CA) . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claimby ) Resr ����i ing stamps 301987' Against the COUNTY OF CONTRA COSTA) PHIL BATCHELOR Rs or DISTRICT) lay (Fill in name) The undersigned claimant hereby makes claim against the C nty of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: i-.--r,R;n--a-lj-ER-e-a;-m�-g;-3-r--in--3-u-r-y-o-c-c--u-r-?--TG--iv-e---e-xa--c-t--da--t-e-a-n--d-h-o--u-r)----- ( C_K ,I<-T- 1-4 o - JQ' ) S .) "- o<"0'_; "_ - At/, - L- 1::)S VY)o .,I P_C) I<fE-_ I h( —1t-4 I-- Ft--'Q (C-)('�I - - - - �-F---- ------------------------------------------------ 2. �E;r; aiaEEamageorinjuryoccur? (Include city and count ) PI2Pu0T- C o ­.)C c,R � - cl 7 Q r4 C ers-Tt T__r ---------------------- -- - -------------- - - ------------ 3. How did the damage, or injury occur? (Give-full-details, use extra sheets if required) On &C- 1-4� (z"Iq C—1 C'rZ F 1- CFTTE2 i� ---- -- --- ---- --__-------------------- 4. - ------ -- -------- i7--�qR;�-p-;-r�71;-ul-a-r--a-c-t--o-r--o-m-i-ssion-on-the-part-of-county or district officers, servants or employees caused the injury or damage? -T-oc- '>HAQp Ni NG- A /a V_S 1-Z' a I-) Y-15 ry) JZ I< C- 0 NQS I iZ i T- SCE E /AC H e-D (over) # 5. What are the names of county or district officers, servants or employees causing the damage or injury? -P r=- c�� a(- C H J A CJ (V� r,-) a 10 7 F, C- f-- C,-7-t t ra a- V-; k S F J N 1.4 r,/ed 0,) n) PAS 1,) (J.0 P C— 11) -5 N ,T- ------------------------------ {Give(G---e1extent 6. What damage or injuries do you claim resulted? of injuries or damages claimed. Attach two estimates for auto damage) .D 4 Qc�0 N Vo I C C- 3 11-2 S-- 7-.--How-was-the--amount--claimed--above--computed?---(Include the estimated amount of any prospective injury or damage. ) P- K--Names-and addresses-;!--witnesses,-doctors--and-h;-sp-iia-i-s--------------- u--)� k t-;,o -,z Ac -Tc3 9. Li .qitures u made n account--o?-Uis accident or injury: _ DATE ITEM AMOUNT I'Jt-o cAl i # t-4QsZ>z1t/, f,16- Tir-vi a Tc-, U-" -o J )J A- S, A �-fl 2-P L) -P i-! C A -P T- M cz< IZ C= Q� r'-> i s,VJN P C)k-i rz- -I- '*rk Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) oX--lpy some person onisbehalf. " Name and Address of Attorney Claimant7 s -Signaure Address Telephone No. Telephone No.(Lt NOTICE COMM COSt . r'Z"Ly RECEIVED Section 72 of the Penal Code provides: EES 11988 "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, gir-u--maxagemov, town, city district, ward or village board or officer,'%Atlhorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,_ CALIFORNIA and as GOIERNING BOARD OF C0114ISSIONERS OF THE HOUS-ING AUTHORITY BOARD ACTION Claim Against the County, or District governed by) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 11988 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: $200,000- 00 Section 913 and 915.4. llease oamy �d all "W rnings". CLAIMANT: GLADYS HOLLOWAY ��� � � ���$ c/o Charles ,Wildman ATTORNEY: Attorney at Law Martinez, CA 94553 2211 "A" Street Date received 1988 ADDRESS: Antioch, CA 94509 BY DELIVERY TO CLERK ON February 1 , BY MAIL POSTMARKED: January 29, 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IPV+�IL BATCHELOR, Clerk DATED: February 2 , 1988 Bv: Deputy --- — 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: 210 BY: Za'D-eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3), IV. BOARD ORDER: By unanimous vote of the Supervisors present (This Claim is rejected in full. { } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 1 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: MAR 4 1988 BY: PHIL BATCHELOR by , Deputy Clerk CC: County Counsel County Administrator r i LAW OFFICES OF McLAUGHEIN & WILDMAN 221 1 W STREET ANTIOCH.CALIFORNIA 94509 TELEPHONE(415) 754-2622 • MARK A.MCLAUGHLIN,ESO. 1070 CONCORD AVENUE,SUITE 100 • CHARLES WILDMAN.ESO. CONCORD,CA 94520. (41 5)827-4707 • NANCY M.CAROSELLI,LEGAL ASSISTANT PLEASE REPLY TO AMT*M OFnCE January 26, 1988 Contra Costa County Housing Authority E1 Pueblo Office 875 El Pueblo Avenue Pittsburg, CA 94565 Re: Our Client: Gladys Holloway . Date of Loss: 1-1-88 Dear Sir/Madam: Enclosed please find our client's claim against Contra Costa County Housing Authority regarding injuries sustained at the E1 Pueblo Housing Tract. Please send an acknowledgement of your receipt of the claim in the enclosed self-addressed stamped envelope. Very truly yours, Nancy M. Caroselli Legal Assistant Enclosures CLAIM AGAINST CONTRA COSTA COUNTY/HOUSING AUTHOJLTY (Pursuant To Government Code Section 91 e — I r Name of Claimant: rcEiNeI r,Voo-# rD Address of Claimant: to Antinrh CA 9 S09 Ira Notices are to be sent to: rharlp Wi I rjma� Attnrae4 -a- law I Street CA 94509 Date and time of injury: January 1 , 1988, 8:00 a.m. Location of accident: ElPueblo Housing Tract (Hermosa near Deltren ) Pittsburg, CA 94565 Facts of accident : While searching for her son at El Puelo Housing Tract Gladys Holloway was assaulted, battered, and falsely imprisoned by employees of Argus Security Patrol . Police Report (#C88-0045) is on file with Pittsburg Police Department. Identification of Government Vehicles : n/a Names of public employees causing injury: Argus Security Patrol .believed to be employee of Housing Authority of the County of Contra Costa Nature of claimants injuries : head injury, cervical injury, body bruises, emotional distress and associated but as yet unascertained ancillary injuries Amount of Claim:- $250,000.00 Itemization Of Damages unascertained Unascertained at Medical Expenses To Date: at present. Loss of Wages : present FutureMedical Expenses : unknown General Damages : $200,000.00 Dated: 1-22-88 D--� Attorney For Claimaffit CHARLES WILDMAN CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .Claim Against the County, or District governed by) $OAR..._D ACTION the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT March 1 , 1938 i-.'.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°. CLAIMANT: TICOR REALTY TAX SERVICES, INC . c/o Peter J. Harris at Alborg & Dictor ATTORNEY: 1 Kaiser Plaza #2220 Oakland, CA 94612 Date received 1988 ADDRESS: BY DELIVERY TO CLERK ON February 3 , BY MAIL POSTMARKED: no p a s tznark 1. FROM: Clerk of the Board of Supervisors 10: County Counsel Attached is a copy of the above-noted claim. DATED: February 5, 1938 ppH}�II BATCHELOR, Clerk BY: eputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (>6 This claim complies substantially with Sections 910 and 910.2. ( ) This.claim FAILS to comply substantially with Sections 910 and 910.2. and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { } Other: — Dated: BY:� �Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD RDER: 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 1 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. MAR 4 1999 Dated: BY: PHIL BATCHELDR by /14/� eputy Clerk CC: County Counsel County Administrator ALBORG & DICTOR ATTORNEYS AT LAW THOMAS E ALBORG ORDWAY BUILDING, SUITE 2220 FAX (415)268.1429 CARY L DICTOR ONE KAISER PLAZA VICTORIA ROBINSON SMITH SAMUEL E.GOLDSTEIN OAKLAND,CALIFORNIA 94612 800055 ROBERT COHN•POSTAR (415) 268-9099 FILE NO: 'MARGERY O.LEE PETER J.HARRIS PAMELA Y.PRICE February 2, 1988 VD Board of Supervisors BY FEDERAL EXPRE S Contra Costa County 651 Pine Street Martinez, California 94553 Re: Ticor Realty Tax Services, Inc. Claim against the Contra Costa County Tax Collector and Contra Costa County Assessors ' Parcel No. 540-380-020 To Whom It May Concern: This letter constitutes Ticor Realty Tax Services, Inc. ' s ( "TRTS") claim against the Contra Costa County Tax Collector and Contra Costa County for the negligent manner in which the Tax Collector handled the sale of the above-referenced property, which was sold to Maria Teresa Spry by tax deed executed by Alfred Lomeli on February 25, 1987. The "subject property" is more particularly described as follows: Lot 14 in Block 84, "Amended Map of the City of Richmond, being a portion of Lot No. 54 of the Final Partition of the San Pablo Rancho, Contra Costa Co. , Cal. " filed March 31, 1905 in Book "D" of Maps at page 74, Contra Costa Records. Because of the Tax Collector ' s negligence, TRTS requests either that this tax deed be deemed void and title be vested in Peter Gruhl, the owner of the property at the time of sale, or that the Tax Collector and/or the county pay damages to TRTS as is more specifically described below. TRTS' interest in the "subject property" is based on its ownership of a note secured by a first deed of trust to the property. A true and correct copy of the deed of trust is attached hereto as Exhibit A. TRTS purchased these instruments from Sears' Mortgage Corporation on or about November 2, 1987. The note nd deed of trust were executed by Larry and Ida Partney, the former owners of the property, during October, 1978, in favor Allstate Savings & Loan, Sears Mortgage Corp. ' s predecessor in interest. Peter Gruhl assumed the Partneys ' obligation under the subject note when he purchased the subject property from the Partneys by grant deed recorded December 19, Board of Supervisors January 22, 1988 Page 2 1986. A true and correct copy of that deed is attached as Exhibit B. Mr. Gruhl is in default on the note. TRTS purchased Sears Mortgage Corp. 's rights under the subject note and deed of trust. A copy of the Assignment of Claims, executed by Sears Mortgage Corporation and Sears Savings Bank, in which the latter assigned all rights and rights of action under the note and deed of trust to TRTS is attached as Exhibit C. This claim arises because the owner of the property at the time of the February 25, 1987 sale, Peter Gruhl, was not notified of the sale, and because the property was sold at a price below the minimum allowed by law. Section 3701 of the California Revenue and Taxation Code provides that the Tax Collector shall notify "parties of interest" of the proposed sale of property by registered mail "not less than 25 nor more than 65 days before the proposed sale. " Any person with title of record is a "party of interest" . Calif.Rev. & Tax. Code Section 4675(b) . Section 3701 also provides that "The Tax Collector shall make a reasonable effort to obtain the name and last known mailing address of pa— r es of interest . " The Tax Collector failed to make a reasonable efforts to identify and notify parties of interest of the sale. Despite the fact that Mr. Gruhl received record title of the subject property on December 19, 1986, the Tax Collector, Mr. Lomeli, sold the property to Ms. Spry more than two months later without ever having notified Mr. Gruhl of the pending sale. He did notify the Partneys of the sale, even tough they were no longer the owners of record. One mistake the Collector 's office made was to obtain a title report on the property far in advance of the time notice was to be mailed. We obtained from Nancy Webster, the department account clerk/manager of the Tax Collector 's office, a copy of the title report issued by Northern California Title Services, which the Tax Collector relied on in determining who should receive notice of the sale. That report was issued on or about December 1, 1986. However, notice of the sale was not sent out until January 2, 1987. Thus, Mr. Lomeli sent notice out relying on a title report that was over one month old. Further, the Collector 's office was aware prior to the sale that the Partneys had sold the property. TRTS has been informed and believes that certain individuals from the Tax Collector 's office visited the subject property some time prior to the sale and were told by the tenants living on the property that the property had been sold. Nevertheless, the investigators failed Board of Supervisors January 22, 1988 Page 3 to follow up on this information in order to identify the new owner. Further, the following handwritten inscription appears on the face of the title report which Ms. Webster sent us: "get new owners ads" . This notation proves that someone in the Collector 's office who was in some way responsible for notifying interested parties of the pending sale was aware that the property had been sold. TRTS also submits that the Collector negligently handled the sale because the property was sold below the minimum price allowed by law. Section 3698.5(a) of the California Revenue and Taxation Code provides that property shall not be offered for sale at a tax sale for "less than 25 percent of the fair market value. " The subject property sold for only $19,000. TRTS believes that the fair market value of the property was more than $76, 000 within the year preceding the sale. Because the Tax Collector failed to comply with the specific rules required by the Revenue and Taxation Code, TRTS requests that the tax deed to Ms. Spry be rendered void and that the sale of the property to her be set aside. Alternatively, TRTS requested that the County and/or the Tax Collector ' s office pay retribution to TRTS of $25, 643.94, which represents the total amount owing on the note as of the date of this letter as well as an escrow overdraft charge of $263 .88, plus daily interest of $6, 716, accruing as of the date of this letter. In addition to either of these remedies, TRTS will expect to be reimbursed for the costs and attorneys ' fees it has incurred in this matter . In addition to this claim, we are also sending a claim to the Auditors ' Department for the excess proceeds realized from the sale. However, TRTS will not consider its claim against the Tax Collector and the County satisfied by the excess proceeds, since the amount available will not come close to the amount due on the note and the fees and costs incurred herein. We have also been recently informed that Ms. Spry has filed an action to quiet title to the subject property. If you reject this claim, we intend to intervene in that action. Therefore, we would appreciate it if you could give prompt consideration to this matter. TRTS' address is 6300 Wilshire Blvd, Los Angeles, CA, 90048. TRTS requests that all notices and correspondence regarding this claim be sent Peter J. Harris at Alborg & Dictor, One Kaiser Plaza, Suite 2220, Oakland, CA, 94612. . We hope to hear from you soon. If you have any questions, Board of Supervisors January 22, 1988 Page 4 please do not hesitate to call . Very truly yours, ALB G & DI 7 PETER J. HARRIS PJH:ac Enclosure cc : Dennis Berkey Steven Ybarra (800055L11) afCOMNG XEOLMSTED 6Y : a .9674 P=160 ;. TITLE I V,.iRtAY� ..MT CO....... " LOAN NO. 201511302 BR#15 .l-*WOAD ��e,�� •. ltsaot;ti3 at rspfti'B! qT WHEW ED.!'LEASE MAIL TO !. ?itl asureacs d t t OCT 241978 Ar O'Clocx� Es OCT 24 1978 ALLS'ATE SAYINGS ^-ontra Costa county (009rds AND LOAN ASSOCIATIONJ. R. 016--on P.O. Bax azo 78- 2►2j-5(; 0077. Re.,ra" NORTH HOLLYWML),CALIF. 91603 Roe f _? kD 282429 SF^Ct ABOVE THIS LINO FOR 11[COAOlrrs USE A.F.K. 540-380-020 114ts ]Drk'IZ Df CILit, is made this.........9TH day of.......�C70BER , 19...78 among the TRUSTOR,...LA Y R. PARTNEY AND IDA PARTNEY, ............................... ................... ..................HUSBAND AND WIFE............................................... .................................................... ...........the Owner.!h.. n whose address is...15.'..19TH,S T 999T,. R l pfi.MON D,,CA_9 4 8 0 4............................ (Number and Street) (City) (State) (Zip Code) Trans-Coast Services, Inc. t 5077 Lankershim Boulevard,North Hollywood,California 91601 a California corporation,(herein"TRUSTEE"),and the Beneficiary, Allstatr savings ane Finan Assadation . * a California :arporatian, arganisw eau existing under ti+c laws of California.whose address Is 5077 lanxershtm � Bou!avard, North Hollywood, California 91601 (herein "LENDER"). BORROWER, in consideration of the indebtedness berAn rtati!ed and -lie trust herein created, irrevocably I grants and conveys to Trustee,in trust,with power of sate•ti+e following described property toted i. the County of COhT RA.C 11TA ............State of California: LOT 14 IN BLOCK 84, AS DESIGNATED ON THE MAP El;'ITLED, "AMENDED MAP OF THE CITY OF RICHMOND, FILED MARCH 31, 1905, IN BOOK D OF MAPS, AT PAGE 74, CONTRA COSTA COUNTY RECORDS. t 15 - 19TH STREET RICHMOND which has the address of z. .................. i ' ......... (s,Itet) (City) CALIFORNIA 94804 ......... ..... (herein"Property Address"): (State tad Zip Code) ?� TOGETHER with all the improvements now tar hereafter erected on .`.=r ..IKrty and all easements, rights, appurtenances, rents (subject however to the rights and authorities given herein to Lender to collect and apply such rcnts).royalties,mintral,oil and gas rights and profits,water,water rights.and water stock,_-d a!! ::n;ures now or hereafter attached to the property,all of which•including replacements and additions thereto,shall be deemed to be and remain a pan of the property envered by this Deed of Trust;and all of the foregoing,together with said property(or the Inschold estate if thi• Deed of T+cst is on a Icasehold)arc herein rtf•.rrr-t to as!hc"Fir-erg•'; TO SECURE to Lender �'.'.•,• i (a)the repayment of the indeMa�ncss evi, iced b Borrower's note dated .. OCTOBER .................. %. ., (herigttM�c 1,1 prf0611krABI :t Hz r.:!DRED� 'AND''001100............................. ;- po!tars,with interest thereon,providing fat n/ns*Iy inst ) + c al i teres(,with the balance tai the 1 fi�.3�F>ni•sr r: 4 s.. .... indebtedness,Knot loaner paid.d,!and payable an ........ . . .. .... ..................... the payment of all other su,t.s,with interest thereon,advanced i,. ..e.urdance herewith to protect the security of this Deed of Trust;and the performance.'the covenants and agreements of Borrower herein contained;and(b)the re- p-3)merit of any future advances,with intc. %I the.•nr,,m:dc to Borrower by Lender pursuant to paragraph 21 hereof ..... (herein"Future Advances-'). �'- Sorriwer ccvenants that Burrower is t,wfully seised or the estate hereby conveyed and has the right to grant and conve) the Property th,t the Property is unencumbered,and that Borrower will warrant and defend generally T the title to the Property aFiinat all claims and demands,subject to any declarations•casements or restriction%listed in a schedule of exceptions to coverage in any title insurance policy insuring Lcnder's interest in the Property. +'y CA 1FORNIA-1 to 4 Fam0y-6/75--flt1It1k1FI1 MC UNFOaii t U7RUNEKTly Arm .t;, slN•63 tans) EXHIBIT • .'.i+. .+4+7µc'.� '� � t'r„,�{„•. RJ 14 vim-- ;,,;�--• i - _..._....._.,,�. - �r-•--•1'•eY•- < ,._, ��� ,titin .. .. - r .t..; y, " 1 .,•y;..y!�'a Fri of,1+�2, Book..JA P�CE�6I Ur+rranr:t CoveMx4r'ts. Borrower and Lender. wenant and agree as follows: I. ra'mess evi of Prb the said Interest.y Borrower sha! promptly sro Y� the Note,sdue the and the principal of std interest on wwr indebtedness eAdosccd by the Nott,prepayment of and.ate charges in . on any Future Advanta stewed by tits Deed of Trust.i Pads for Tarr and Ir.aoanre. Subject to applicalsie law or to a written waiver by Lauder, Borrower shall pay to Lender on the day monthly inualInserts of principal and interest am payable under the Nott,until the Note is paid in full, a sum (herein "Funds")equal to one-twelfth of the yearly taxa and assessments which may attain priority over this Deed of Trust,and ground teats on the Property,if any,plus ate-twelfth of yearly premium installments for hazard insurance. plusone-twelfth of yearly premium installments for mortgage insurance,if any,all as reasonably estimated initially and from I time to time by Lender on the basis of assessments and bills and reasonable estimate 'hereof. The Funds it- ;I be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency(inducing Lander if Lender is such to institution). Lender shall apply the Funds to pay said Lases.assessments• insurance pruwniums and ground tents. Lender may not charge for so holding and applying the Funds,analyzing said account or verifying and compiling said assessments and bilis,unless Lender pays Borrower interest on the Funds and applicable law ppttrmita Lender to make such a charge. Borrower and Lender may agree in wr`ting at the time of execution of this Deed f Trust that interest r.!.tilt Funds shall be paid to Borrower, and unless such agreement is made or applicable law { requires sucl,interW to Loc paid,Lenity shall not be requirsd to pay Borrower any interest or earnings on the Funds. Lander shall give to Borrower,without charge,an annual accounting of the Funds showing credits aro,'delrits to the Funds and the purpose for which each debit to the Funds was made. The Funds arc pledged as additions' :urity for the sums secured by this Deed of Trust- It the amount of the Funds held by Lander,together with the future monthly installments of Funds payable prior to the due dates of texts,asseuntents,insurance premiums and ground rents,shall exceed the amount required to pay said taxes, assssm eents, insurance premiums and ground rents as they fall due, such excess shall be, at Borrowcri option, i .rcr promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the Cmcioin ^f rile Funds held by Lender she!l not be sufficient to pay texts, assessments. in trance premiums and g:.»res , ,,is ss ' -y {.ti Jose. Borrower shall pay to Lander sooty amount necessary Ip make up the d,iciency within 30 days from the date notice is mailed Upon payment in full of all suns secured by this Deed of l rust.Lender shalt promptly refund to Borrower any Funds held by Lender. If under paragraph 18 hereof the Property is sold or the Property:s otherwise acquired by I.crider. Lender _ r..,.Iv „vin, to rbe wle of the Pro or its ac uir.iuon b lender, an Funds held b Le :ami, _,6:_r Y q Y Y Y Lender at the time of application as a credit against the sums secured by this Decd of Trust. J. Application of Payments, Unless applicable law provides otherwise. Al payments received by Lender under the Note and paragraphs t and 2 hereof shall be app!.:d by Lender first in payment of amounts payable to Lender by Bon ower under paragraph 2 hereof.then to interest payaic Cort the `cote,thea to the p:incipa1 of the Note,and then to inte,tst and principal on any Future Advances, 4. Charxex:Liens. Borrower shall pay all taxes. assessments and other charges, fines and impositions attributable to �a� the Property•t:.rh may morin a priority aver this Deed of Trust,and Ic:.whold payments cr ground rents, if any,in the i manner pro, ecu u"der naragrapli s hereof or,if not paid in:arch manner,by Borrower making payment,when due.s';mcOy o^ •ha!t^ .,,!v f" ^h r^I -I!nwi^-s of xmr»mts due under the naraerarh.and in the s event$orram wcr:hail make payment directly,Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Deed of Trust;provided.that Borrower shat nes ice required to di;c;:argc any such lien so long as Borrower shat;aerce in writing to the payment of Iht obligation secured by ?t such ben in a manner acceptable to Lender,or shall in goal faith cs+r^st such lien by,or defend enforcement of such lien in. Iegafi roceedrng s which operate to;rrve.ni the enforreme:;: of tRt lien a:f ,fci,orc of the Property or any part thereof. pp �. S. Hazard insurance. Borrower..hall keep the rmnrovements now existing or hereafter erected um i%.-Property insured against loss by firs.hazards trxttrded wt.hin chic!err.+"extended coverage*',and such other hazards as Lender may require and in such amounts and for such periods as Lendcr may require:provided,that Lender shall not require that the amount of such coverage tsceed that arra-•_rat of coverage required to pay the sums secured by his Deed of Trust. The insurance carrier providing the insurance shall he chosen by Borrower subfect to approval by Lcndcr: provided. that such approval shall not he unreasonably with„eld. All premiums or, insurance policies shall be paid in the manner provided under paragraph 2 hereof or,if:tet psid in such manner,by Borrower making payment,when due,directly to the insurance carrier. All insurance policies and renewals thereof shall be in worm acceptable to Lender and shall include a standard mortgage clause in favor of and in form a,--piahle to Lender. LcnJct shall have she right to hold the policies and rt�ncwals thereof. and Borrower shall promptly furnis. u, I...der all renewal notices and:H receipts of paid premiums. In the event of loss. Borrowet shall give prompt notice to the insurance carrier and Lcndcr. Lender may make proof of loss if not made promptly r by Borrower. Unless Lea('-r and Borrower otherwise agree in,vriting,insurance proceeds shall be applied to restoration or repair of the Property damaged.provided such restoration or repair is economically feasible at.d the securi!v of this Deed of Trust is not thereby impaired. If such rCtoration or repair is no!«.onomically feasible or if the security of this Deed of Must would tot impaired,the insurance proceeds shall be ap lied to vin.,:ems secured by this Decd of Trust,with the excess,if any,paid to Borrower. If the Property is abandoned by Trower,or if Borrower fails to respooJ to Lender within 30 days from the i date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insura.,ce benefits. Lcndcr is authorized to collect and apply the insurance proceeds at Lcnder's option either to restoration or repair of the Property or.o the sums secured by this Deed of Trust. Unless Lender and Borrower oth:rwise agree in writing,any such application of proceeds to principal shall not extend or postpone the due date of the monthly instaltmer ;referred to its paragraphs ! and 2 hereof or change the amount of such installments. It under paragraph Ix hereof ilu• Property is acquired by Lender,all right,tide and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from dam .!h- Pr�perty prior to,,,c:,!c or acquisition shall pass to lender to the extent n:the sums secured by this Decd of Test imm•-_d;:.tely prior tp such sale or acquisition. d. Preservation and Maintenance of Property; Leaseholds; Condorriniums; Plar. ,t Unit Developments. Borrower shall keep the Propcny in gc»xl repair and shall not commit waste or permit u,,Y_.:tient or deterioration of thou Property and shall comply with the provisions of any lease .(this Irked of Trust is on a leasehold. If this Dccd of Trust is on a unit to a _ condominium or a ptanrteo unit development, Borrower shall perform all of Borrowers obligations winder ;he or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the r condominium or planned unit development,and cocsmocm d,numcnts. If a condoms„ism or planned unit development rider is executed by Borrower and record-+t engtttrr with this Deed of Trust,the covenants and agreements of such rider * shall he incorporated into and shall amend and st.-W-ment the covenants and agreements of this Dk ca M Tn!•t>s if the floor, _ were a part hereof. , 7. Protection of Lender's Security. If Beirr• .er fails to perform the covenants and agreements contained in this . Deed of Trust,or if any fiction or proceeding is commenced which materially affects Lendcr s interest in the Property, including,but not limited to,eminent domain,imolvency.code eniorcemcnt,or arrangements of prreccdings involving a bankrupt or decedent,then Lender at Lender's oil!: cr-rn notice to Borrower,may make such appearances,disburse such sums and take such action as is necessary to prottci Lender's interest, ir,Iudiny tiut not limited to. dishurscmen! of .. reasonable attorney% fees and entry upun the P-^pcits to ni.it- If L- requiredmortgage insurance as a candilioo of making the loan secured by this Deed Prof Trust. Is- all pay r miums required to maintain such l•: insurance in effect until such time as the requirement for suit. Icrminats accordance wit:t Borrower's and Lender's written agreement or appliotr;c law. h_•rrowcr sh:.'I p.,, :e amount .f all .t:orlgagw: insurance premiums in the manner provided under paragraph 2 hereof. c Any amounts disbursed by Lendcr pursuant to tkis paras:aph 7, with interest thereon, shall become additional indebtet!ress of Borrower secured by this Liecd of Trust. Unles,si,rrower and Lender agree to other terms of payment,such sc' '= amounts shall be payable upon notice from Lender to Borrowci i. ,--wing payment thereof,and shall hear interest from the date of disbursement at the rate,.ayable fraa time to time on outst,,:.Jing principal under the Note unless payment of interest at such rate would be t„rrv.iry to applicabb: law, in which evcm such amounts shall bear interest at the highr•' rate permissible under applicoW. ',..- Nothing contained in this paragraph 7 shall require lender to incur any terms,l•r take any action hereunder. S. InspeaLon. LenJci may make or cause to be made reasonable eatrics upon and inspections of the P:otse:t:.!•r„vrdcd that Leudet shat!give Borrower notice prior to any such lmµ;inn specifying reasonable cause therefor related to I -nder's interest in tbt Property. rnq t `-�_.... ,..�..... _. ___.... . ........�....__ ......._._.._ .�... `. _ :>4 ,;i.!s!.•�• •- :. _. atilt: t t . •,�+F'-,�.��.��.�., iii B00<9074 tue162 I. 9. Condemnation. The proceeds of any award or claim for damages.direct or comequenteal,in connection with any condemnation or other taking of the Property,or pan thereof,or for conveyance in lieu of corldenination,arc hereby assigned and shall be paid to Leader. In the event of a total taking of the Property-the proceeds shall be applied to the sums secured by this Decd of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing,there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bean to the fair market value of the Property immediately prior to the date of taking,with the balance of the proceeds i paid to B^Trower. If t,sc Property is abandoned by Borrower,or if,after notice by I end-r to Borrower that the condemnor often to make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds. at Lender's option, either to restoration or repair of the r3 Property or to the sums secured by this teed cl Trust. Unless Lender and Borrower otherwise agree in writirc.any suc%app'ication of proceeds to principal shall not extend or postpone!!re d:lc,vete Eli :he mzn*hly installnens referred to in paragraphs 1 and 2 hereof or change the amount of such installments. - Ill. Borrower Not Released. Extension of the time for payment or modi5car' of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower s: .not operate to release,in any manner, the liability of the original Borrower and Burrower's succcsu>n in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender Not a waiver. Any forbearance by Lender in exercising any right or remedy hereunder,or s' otherwise afforded by applicable law, shall not be a w, er of or preclude the ..r .,;r sur.. •:_'•; or remedy. _ 'rhe procurement of i,surarece or the payment of tax,,or o• er liens or charges by Lender shall not oc •waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed rf Tr•ist. 12. Reinedles Cumulative. All remedies proviiit,'in this Deed c!Tru•:arc disienct and cumulative to any other right - or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, indeper•dently or wcceas;vety _ -- - -- 13. Cgrte.e R .,. . ged �..�_ nund• Iain. d Gored 1 AaMurv, i.amipm. r i,e u......d, a,., contained siall bind,and the rights hereunder shall inure to,the respective successors and assigns of Lender and Borrower. 3ism subject to the provisions of paragraph '7 hereof. All covenants and acreements of borrower shall lie ioint and seyeral. IM The captions and headings of the paragraphs of this Deed of ('rust _re for convenience only and are wt to be used to .n interpret or def..;c the provisions hereof. ` 1C Notice. Except for any notice required under applicable las,• to he given in another manner. (a) any notice to Borrr -r provided for in this Deed of Trust shall be)rivet by mailing.uch notice by certified mail addressed to borru.ver at c :he rop•e-ty Address or at such other ad6ress as Borrower may designrtc by notice to Lender as provided herein, and it.. . ac, io Lender shall t.c given by certified magi, return receipt requested, to Lenders address s;Aleo herein or to - Cle r,her address as Lender niav oesignam i+. , t,vc w us,::u..;- y:::Erre:' .`erre- "^•. C�:i:ee "^":,len .,.. .., .hs Dcce; of Trust shaii be deemed to '•ave been given to Borrower or Lender when given in the mannerrresignatcd herein. IS. Uniform Deed of Trus:Governing low:°everAhility. This form of deed of trust combines unifo.:u covenant,for d nation:(use and noes-uniform covenants with linnet! ••reauons by jurisdiction to constitute a uniform security instrument covering real property. This Decd of Trust shall hr r-:ped Ly the la% of the jurisdiction in which the Property r '.seated. In the event that any prove,'n of :lam•r nr the% fetal of crust or the Note conflicts with applicable law,sure cor iict shall not affect other provision,of this Decd of That or the Note which can be given effect without the conflicting provi+ion. ' and to this end the. provisions of the f.)c--of Tr--:' -nd the note are declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed cor' -.f the Note and of this Decd of Trust at the timc . of execution or after recnrdauon hereof. 17. Transfer of the Pruyerty;Assumption. If all or any pass of the Property or an interest thcrci.i is sold or le ansfcrted by Borrower without Lender's prior written cons. it, excluding ia) the creation of a hen or encumbrance subordinate to this Dee('^f Trust,(b) the creation o,a purchase.aorcy security interest for household appliances,(c) a transfer by dv isc. descent or by operation of law upon the death of. joint tenant or(d)the grant tel a-iy leasehold interest of three years or less not containing an option lis purchase..-Crider may,at Lender's option,declare all the sums secured by this Deed of Tent to he j imioncel i0y due and p., '•ie. 1 .der shall have waived such option to avc••lerate if, prior to the sale or transfer, lender and she•ricrson to whom the Profecity is to tic sold or transferred reach agreement in writing that the credit of such person s satisfactory to'Lendcr and that the interest payable on the sums secured by this Decd of Trust shall be al such rate a, Lender shall request. If Lender has waived tl.e option to accelerate provided in this p..ragraph 17,and if Borrower's successor in intci_st has executed a written assumptim,:greemenl accepted in writing by Lender,Lender shall release Borrower Irom all nhli-aiions under this Decd of Trust and the Note. If Lender exercises such option •o aCFF^Pte, Lender shall mail Borrower nntice of acceleration in accordance with t paragraph 14 hereof. Such nitice shall provide a period of not less than of days from the date the notice is mailed ,,ilhin which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period. ; Lender may,without furti.,er noiece or demand on Borrower,invoke any remedies permitted by paragraph III hereof. + NoN-UNIFORM COVEN4.11Ts. Borrowc. :nd Lender further covenant and agree as follows: 18. Aeeeleratioa; Remedie. Exrept as providrd in paragraph 17 hereof, upon Borrower's breach of any covenant 9 or agreement of Borrower is this Deed •f Trust• including the cotenanL% to pay when dut any sums secured by the Deed of Trust. (ender prior to ace-elera'i.,n shall mail sabre to Borrower as nro-tiled in paragraph Id 1r.teof specify(:,-• r 11)the breach;(2)the action required to cure such breach;(3)a dote,ne:few tern.s_.hers irom site date the nonce is malted to Borrower,by which such breach moot ber-bred:and(0)that failure to cure such breach on or before the dale specified in the notice may result in acceleration of the suns secured by this Deed of Trust and safe of the Property. The notice shall further inform Borrower of:he right In rei:•stale after acceleral6;n -:A t' .:x..,to bring a court action to assert the non- existence of a default or any other•'efr­a of Borrower to acceleration and sale. If the breseb is not cured on or before the date specified in The notice. Lenor. at imatici s option may declare all of the sums secured by tills fled of T-1 rg he immediately date and payable without further demand and may invoke she power of wk aa:ar.y uli.cr remedies permitted 4 by applinDk b». Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the mm-dies provided in this paragraph 18,is cludivg,bte not limited Am,reasonable attorney's rets. If Lender invokes the power of tole,Len..er shall execute or cause Truster In eaecule to written a-elice of the occurrence fi of an event of default and of lender's eler;ion to came the Property to be i.rld an. -•-„c_d.+";:,_'.G:Z a , i-'- - - each rounty in which the Prup:rty or som•':An thereof Is located. Lender or Trustee dull mall copse of suchrsreke in 11,­ manner piescrfleed by applicable law to Borrower and to live other penom prescribed by applicaWT law. Teust!e shall give public notice of sale on the pr,som and it;the manner preseribed by applicable law. Aller the lapse of such Also, as away be required by applicable law,Trustee, wiff.oar demand on Borrower,shall sell the Property at public auction to the, highest bidder at the lime and place and under the terms designated In the anti:e of sale in one of more pareek and In search order as Truslee may determine. TruYer may postpone sale of all parcel of the Property by public annoce^g_tenl at the time and place of any prevbtudy scheduled ar.s. Lender o: k.ignec may purchase the Property at any ask. Trunser shall deliver to the purchwr Trustee's it, is:the Property so add without any covenant or warranty, eaprevsed or implied. The re•:Itals In the Trustee's tic-,. tee prima facie evidence of the truth of the staierneots made therein. Trustee shall aptly Ibe Proceeas ur the ole in Its..following oruer:(a)to all reasonable eases and expenses of the sale, including.but not Walled to,reasonable Trustees and arturrsey's fees and cams of title evidence;Ib)to all sums secured by this Deed of Trans;and(c)the escm,if any,to the person Lr persons legally entitled dserely. 19. Borrower's Right to Reinstate. Notwithst.r. I ender's acceleration of the sums severed by then Deed of Trots,. Borrower shall hive the right to have r,y procccling, .en by Lender to enforce this Decd of-trust discontinued at any time prior to five chat before oak of the Property punu.r,: to the power of&ale contained in this Iksrd of ';.est or at any time prior to neer a judgment enforcing this ISced of Trust if: (a) Borrower pays Lender all suint v,h-, 'd he then ,r due under the •f Tent,the Note and notes securing Future Advances, if any, had no accrlct..•.,., otvt.rrcd; (b) - Borrower cure•.• =•chis of any other co+enants or almetnei.s of Borrower contained in this DmI•.t - ,. tc) lkirrower y pays &11 ms&ouablc upensa incurred by Lender and Trustee in enforc.;ng the covenants and agree:•tries •tl borrower con::ccd in this Deed of Trust• and in enforcing Le...er's and Trustee's remedies as provided in paras, apt IK berm!. p' including, but not lirri lo, reasonable attorney's fees; and (d) Borrower takes such action as Lender mAy iusonably require to assure that the lien of this Deed of Trust,Lender's interest in the Property And Borrower's obligation :a I.Ay Ute I}I!•s'1, ..-Y fry : �) _ --..vela.,-......._.-,.��...r.._-x _s.. �. .__.M..�.._..._...�.--__. ...� -- - ... . . . •�-,..—..,.���_.:.-.. ,: i J74 PAGE163 ' sums secured by this Deed of Tent shall continue unimnaired. Upon such payment and cure by Borrower,this Deed of Trust and the obligations secured hereby shall remain in ful, force and effect as if no acceleration had occurred. 20. Atatlgnaenrl of Reap;Apointineal of Receiver,Leader In Possession. As additional security hereu•tder.Borrower Web)assigns to Lender;he rents of the Property,provided that Borrower shall,prior to acceleration under paragraph 18 hereof a,r abandonment of the Property,have the right to collect and retain such rents as they become due and payable. Upon acceleration udder paragraph 18 hereof or abandonment of the Property. Lender, in person, by agent or by judicial], appointed receiver shall be entitled to enter upon,take possession of and manage the Property and to collect the t rents of•the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment I of the costs of management of the Property and collection of rents•including,but not limited to,receiver's lees•premiums on receiver's bonds and reasonable attorney's lees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. Future Adv ares. Upon reuest of Borrower.Lender,at Lender's option prior to full reconveyance of the Property j by Trustee to Borrower, may make Future Advances to Borrower. Such Future Advances,with interest thereon,shall be It secured by this Deed of Trust who.evidenced by promissory notes stating that said notes are secured hereby. 12. Recoaveyaeee. Upon payment of all sums secured by this Deed of Trust.Lender shall request Trustee to rteonve the Property and shall surrender this Deed of Trust and all notes evidencing indcbtealness secured by this Direct of Trrt to Trustee. Trustee shall reconvey the Property without warranty and w ithout charge to the person or persons I•sally entitleJ thereto. Such person or perwro spall pay alt costs of recordation,if any. 23. Subsutate Truster. Lender,at Lender's e,tion,may from time to time remove Trus a,Iu appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property,the successt .Iusice•'.all succeed to all I the title,power at..'duties conferred upon the Trustee herein and by applicable law. r 24. Request for Notices. Sorrewer requests that copies of the notice of default and Ilutice t r saie be sent to Bc rower's address which is the Property Address. 25. Stalealeat of Obligation. Lender may collect a fee not to exceed$15 for furnishing the statement of "dation, as ` provided by Section 2943 of the Civil Code of California.It t AIN NESS WHEREOF,Borrower has executed this D-ed of Trust. 7� .. ....... ... . .. n .-.-....r.r. ......��............... I . ( L: R. PARTNEY... :DA PA"TN n R�REY 1 1 l 1 1 a E STATE OF CALIFORNIA. ......(:antra Costa County ss: On this..lat)I.,day of..O.Cl giber,_,,,.,.. 19.7&,,before me,the undersigned,a Notary Public in and for said Stale,personally appeared ... ....LARRY.P.—PARTKEY.AND..I.DA..PART.N EY.................. ........................ , known to me to be the"erson(s)whose name(s)...... ,subscribed to the i-rregoing instrument and acknowl- edged that.......... HE,Y.,..executed the same. W11 NESS mZan d ffiial s fl ......... John N. L.,ry Signature �r..,. f' \diary PJllik i -:� t otl'Ra COo,.:CItHTY �.n.. . .............. rr Sta of•:a.lx.�l. a sone Itroed a pnlW) Mr C7.TTiagit p i 1981 •+•••••.v+sm•+n�...,,...«.sa.., My Commission expires:, lififi(� d �j (Reserved td 0"Ku1 scall REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Tri.at.zi-" tree or nutes,together with all other indebtedness secured by this Deed of Trust,have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which a-e delivered hereby, and to rrce—v , without warranty,all the estate now held by you under this Deed of Trust to the person or persons legaiiy entitled thereto. Y� Dated: ......................... ..................................................... F (Space ere' •ni.Lisa lte"r ad Fm I.arlwl and MaeerOC) END OF uuj uhiw ,t J C 1. / as H F•lt.�•' `'• ._ RECORDIND REQU lST - h.:., z B,:Jlt,�a3331J0 336 .Y.. _ 1206 rt ORR• DE / Esc`9917887 SC.... :. --c 23ItfCQA{1fD AT Rf23 rE$T OF:-, 540-380-020 n FOU14DERS TITLE C -- --- --t i t.E 7.I. CO DEc i s �sas CONTRA _j x.I T,t PETER GRUfIL , ,Y«w. AT � fil $ Sit- '- P.O. Box 249 CONTRA COSTA CC�t.O•`LCr(' i` A00—F Kill Valley. Ca, 94942 :,R.O.SSON cress C ':NIy RE So" C KDEn J FEE 5 . SPACE A O i5 r vGR RECO ADE R'S USE F � Grant Deed The undersigned grartcrlsi deelarerrt: j z Documentary transfer tax Is 6.45 . z A. , y computed on full value or prop -zy conveyed.or t }({ I computed-in full value teas value or Inns and encumbrances remaining at time of We. I r L'ntneorporated area: X I City of P.IClitnhld........__.__._.._...__.._............_._................. I r Realty not sold FOR A VALUABLE CONSIDERATION,receipt of which Ls herrhy acknowledged, i LARRY R. PARTt7EY and IDD :t RTPIbi, 10E and and wife hereby GRANT(S) to PETER MJHL A.5 UNMARRIED PIAN that properly in CID`npA TSTA County.Starr of California,dewrhvd air Lar 14, I0 f.,I.DCI*, 84, PS DCSIG,NTED CN THE IAF E`i7TLED "Atifih'DED FISP OF T-:, CITY OF RICIDO M. FILED MARCH 31, 1905, R.' D001' D CF tMT.PS, PT PAGE 79, C01\7�A ODSI'A Mail tax statements to-Gnw tee ate—iiabov'ec'lGTtar-ess Date &)Qveraber--l2thrr4 8& i STATE OF C.l+i.lFCtftNiA --C74 COL''IT)' oFtontra_Costa- 1" % :�%'; f On notp�jP i. ?5_.,._7_q8b-_.before me,the uttdersfgne.i };,._�,s.1't%"-'•'"' E. a Notary Public in and for sara State, personally appeareS. IDA PhR'i:'EY, _.,--_I-r-y R Pa.—,tp-)- da Pirrney - persunalty known to me rur prov-1 to me on the baste ofi-���-- sattst4Ctory ct•idetl.:Y t"be the Person y whose aaine-5are subscribed to ti:^ wfthh instnrmimt and acknowledged ',%at _f�exec'utr.1:hc -Ane.tt'ftnoss my hand and official seal. Oaf:Cu4 SHIRLEY A.CUNDIFF NOTARY PUBLIC-CAUOri,JI:. _ P•;ncmaI 0"'le in Coelra Coc=a Count. Shirley-A.-Cup iff ii 4 }�� ftyCc"'S"1anWife,Mat.27,197: l FIG-31W MAIL TAX STATEMENT5 AS OlkECTED ABOVE EXHIBIT ASSIGNMENT OF CLAIMS AND RIGHTS OF ACTION FOR VALUE RECEIVED, the receipt of which is hereby acknowledged, SEARS MORTGAGE CORPORATION ( "SEARS" ) hereby assigns to TICOR REALTY TAX SERVICES, INC. ( "TRTS" ) any and all claims and rights of action which the undersigned may now have or hold as against THE ESTATE OF LARRY R. PARTNEY, IDA PARTNEY, PETER GRUHL, MARIA TERESA C. SPRY, UNION BANK, ALFRED P. LOMELI, THE OFFICE OF THE TAX COLLECTOR FOR CONTRA COSTA COUNTY, THE OFFICE OF THE TAX ASSESSOR FOR CONTRA COSTA COUNTY, and/or CONTRA COSTA COUNTY pertaining to matters arising out of or in connection with the default of the obligors on a note in the amount of $24, 800.00 executed on or about October 9, 1978 by LARRY R. and IDA PARTNEY in favor of ALLSTATE SAVINGS & LOAN ASSOCIATION, SEARS ' predecessor in interest, which note is secured by a deed of trust, to real property described as : LOT 14 IN BLOCK 84, AS DESIGNATED IN THE MAP ENTITLED, "AMENDED MAP OF THE CITY OF RICHMOND, FILED MARCH 31, 1905, IN BOOK D OF MAPS, AT PAGE 74, CONTRA COSTA COUNTY RECORDS which was recorded in Book 9074, page 160 in the official records of the Contra Costa County Recorder on October 24, 1978. SEARS hereby acknowledges that it presently holds all claims and rights of action referred to herein and has not previously assigned or transferred any of said rights or causes of action to any third party or parties. SEARS hereby further assigns and transfers to TRTS all of its rights, title and interest in and to the promissory note executed by LARRY R. and IDA PARTNEY in favor of SEARS and the deed of trust by which it was secured, both of which are described in greater particularity above. This assignment allows TRTS to recover all sums advanced by it, including all costs and attorneys fees incurred and to be incurred in connection with any attempted collection of the amount owing on the above referenced note. This assignment includes SEARS ' right to claim excess proceeds realized from the sale of the above-described property, which is hereby transferred to TRTS along with all other rights D0055AOC _1_ EXHIBIT described above. Nothing in this assignment shall require TRTS to take any action whatsoever, and TRTS may, in its sole and exclusive discretion, proceed as it deems appropriate in connection with the rights assigned hereunder. SEARS MORTGAGE CORPORATION DATED: I `� �''B . By: its By: t C �c�LI its SEARS SAVINGS BANK By: G its bas-'5 _.„ yL r`� cue�d.,7' )0055A0C -2-