HomeMy WebLinkAboutMINUTES - 03081988 - 1.12 CLAIM
r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by)
BOAR_D ACTION
(•re Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 8 , 1988
and Board Action. All Section references are to ) The copy of this document wailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unspecified Section 913 and 915.4. Please note all •Warnings".
County Counsel
CLAIMANT: RONALD & MARY DANESE
141 Via Lucia FEB 10 1988
ATTORNEY: Alamo CA 94507
MaWf egec(ai�6+e9)4553
ADDRESS: BY DELIVERY TO CLERK ON February 5 , 1988 Pub . Works .
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors e TO: County Counsel
Attached is a copy of the above-noted claim. �J
�q11 gATCHELOR, Clerk
DATED: February 9 . 1988 : 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: Ila BY: �� Ll� jl�/� 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 8 1988 PHIL BATCHELOR, Clerk, By c Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez.
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 14 1988 BY: PHIL BATCHELOR by uty Clerk
CC: County Counsel County Administrator
t .
RECEIVED Ff5 0 i3
Ronald & Mary Danese
141 Via Lucia g
Alamo , CA 94507
415 ..8 3
work 78 -2
County
County Of Contra Costa
%Public Works Dept i "B J 1988.
255 Glaciel Dr
Martinez , CA 94553 HIL HE isoas
Cl A O.
ATTN : Bud Murphy , Director By p�tr
This letter sent to constitute a formal notice to the County
of Contra Costa of CLAIM FOR DAMAGES resulting from water and
mud overflow on October 28 , 1987 .
The Countys ' Central Sanitary District is having underground
pipeline installed by WESCON Construction of Utah on the property
abutting my residence property - the abandoned S. P . right of way.
During construction water was blocked by uncompacted soil and was
diverted across my property .
Mud and silt washed through my backyard at approx 3" depth , flowed
under the crawl space of the house , and flowed through the garage
where many items were stored . Pictures are available . Landscaping
was damaged , wood was damaged , and items in garage were damaged ..
A pump was purchased to remove water from under the house but it
is unknown if any damage to structure was done .
I am still going through the items in the garage to determine what
was damaged , but would appreciate a contact from the County re-
garding this claim.
I also would like Flood Control to inspect the Countys ' property
behind mine to take any steps needed to avoid reoccurance .
I can be contacted at the address or phone numbers shown above .
Thank you in advance for your response and service .
r
— _3 -cerely ,
l�
Ronald Danese
cc : Contra Costa County Central Sanitary District
"14. CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
u
..Claim Against the County, or District governed by) SOAR_ D ACTION
the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT March 8 , 1988
and Board Action. All Section references are to ) The copy of this document wailed 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: $137 . 25Sttion 913 and 915.4. Please note all •Warnings".
aunty Counsel
CLAIMANT: JOHN V. MOORE
6040 Dimm Jay FEB I i 198
ATTORNEY: Richmond, CA 94805
M%r.k1P9&e4&94553
ADDRESS: BY DELIVERY TO CLERK ON February 12 , 1988
BY MAIL POSTMARKED: February 11 , 1988
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
February 17 , 1988 PHHIL BgATCHtELDR. Clerk
DATED: y IY: Depu y
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( , This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
Claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: /� ;��� { BY: j :?�/ L;r j/ � Deputy County Counsel
i t�
III. FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BO:FT
`tDER: 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 8 1988
Dated: PHIL BATCHELOR, Clerk. By 1 Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the wail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney. you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 14 1988 BY: PHIL BATCHELOR by A4_er(1J)9puty Clerk
CC: County Counsel County Administrator
I
• t.
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COPT
ArFoWlappficatl6nto:
• _ Izistr*ctions to ClaimantC•erk of the Beard
'
F.O.Box 911
Martinez,Califomia94553 --
A. Claims relating to causes 'of action for death or for injury to y
person or to personal property or growing crops must be presented . .
not later than the 100th day after the accrual of the cause of -
action. 'Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
_ =of-action. (Sec. 911.2, -Govt. Code)
B. Claims must be filed with the Clerk of the Board of Su_pery�`sors
at its office in Room 106, County Administration Buildin=g, 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 Distract-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 Co3ec-:?2 at end
oTthis form. '
RE: C14�by }Reserved f ' amps
RECEIVED
) r�:�s 1 �;
Against the COUNTY OF CONTRA COSTA} 19ae
or DISTRICT)
(Fill in name )
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of
and in support of this claim represents as follows:
•. � .�..�
�. When did the damage or in0ury occur? (Give exact :date and hour]
-A
w ..w�
' . W =ere �1 tFie damage or 1n»sry occur? �•/((Include city and county)
i
�..�r�w.�.+w.�����.i...�..�..�wr���r��.rT�r�i
3. How did the damage or zn3ury occur? {Giveu� deta �s, use extra +
sheets if required) `4
J A
l2 ---- -------------e
Wt particular act or omission on t
hahe part of county or district -
officers, servants or employees caused the injury or damage?
� , (over)
5. What are the names of county or district officers, servants 'or
employees causing the damage or injury?
6:llWhat-aa-magelor-lnjuries dolyou claim-=esultea3-Naive--full extent!!!
of injuries oz` damages claimed. . Attach two estimates for auto
damage)
! .Fi!!M!!!!!!!!!!!!�Y!l lr..l F!!�•------------------- !!!!l I�Y.RI�..�!!
7.llHow was the amount claimed above computed? (In 3ude th a t' ted!!Ar
amount of any prospective injury or damage.) / 7� sera
't J.A.-Z AW 4/75 ., :so42o 4 ?�` �- `3A 9. r
J/V!�'' KDC7 J./J�� (_//{y
!,�!15 C`!!�!l.l ir.f.Y! !! i!!#i!!! ll..t!! •!llfI.!! !!!!l1i11.!!!!!!!!!.!!l11�!!!!! .
S. Names and addresses of witnesses, doctors and hospitals.
----- !!-!!,�!!-lir----.�r+l�!ll.�i�!!!�.l ."�t7:i
•§. ist> the ei p di•�ures youlmade on account of this accident or snjury: , ,i'��
`''DATE ITEM AMOUNT
3 /
lyiwl.. wFtAe.F.:T.FIf i,'aVe...Oa�L .. xx
�f
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant =
SEND NOTICES TO: (Attorney) or by someerson on his behalf.' '
Name and of Attorney r
Claimants Sagnatuie
r two
Address .
Telephone No. Telephone No.
NOTICE
Section 72 of the Penal Code provides: h
"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 stone if genuine, any false or fraudulent claiml, bill, account, voucher, -'
or writing, is guilty of.-a felony.' 4
G •
,r J
• CONTRA COSTA DETENTION FACILITY
L.J`isl CLOTHING RECEIPT \ tip`
DATE:
_10/31/87 1,r-� =7 �, ' REC: ,119634TIME: . 1719 " � :� t, FACILITY: :MDF
NAME (L,`F, M): MOORE J"OHN `VICTOR
- q'1- i s b act 'r
BOOKING NBR 7—Z lj
SHIRT/BLOUSE �. AN S T
F-1
COAT/JACKET '} r HOES O 5ti
�� / r
S RTS/PANTIES }" ` x QT-IT
OCKS/NYLONS �� N HAT/PURSE4��
SWEATER SWT SHIRT !;- r� �]DRESS
. i,._.� �Y- 4 � 4ti •ytCr#, � �w �+j,,, `djy7+�l:
�u.:e, -�"! .1., dR r icka,F•s' ,, h, ,y ;'.' r,�+ 'sit L
OTHER »ts
X }.
+� INMATE SIGNATURE
RELEASE 7)
\ ,� •'�,. _ -cv .. .$�s-r..;, i'..."1• �'a
r —7
DATE C i HAVE RECEIVED ALL OF MY
CLOTHING a� ,vti
REL OFC F L
�;,pr f er�a'i �','�F c�'�'� A r •4 ,. n d•' rit.�
�/.w=f
.5. S .y;>•- X-. ,ty5
INMATE SIGNATURE
y r 5 s
<> ac •a _ '
CLAIM /,/Z
t
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed bii ARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 8 , 1988
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $1 , 000 . 00 Section 913 and 915.4. Please note all `Warnings".
CiGUnsc)
CLAIMANT: BILLY SKAGGS
5065 Kenmore Drive FEB 17 1988
ATTORNEY: Concord, CA 94521
M a rt i n e;k g 4el-44W
988 hand del .
ADDRESS: BY DELIVERY TO CLERK ON February 10 , 1
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.
IV!'IL BgATCHtELOR, Clerk
DATED: February 17 , 1988 Btl: Depu y
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
f-
Dated: �%„���'?�f 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 DER: By unanimous vote of the Supervisors present
' full.
( ) This Claim is refected in
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
MAR 8 198
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 1.4 1988 BY: PHIL BATCHELOR byZ,-2�4_ze� uty Clerk
CC: County Counsel County Administrator
CLAIM TOi BOARD OF SUPERVISORS OF CONTRA COStspbMai application to:
Instructions to Claimant Clerk of the Board
P.O.Box 911
Martigez,.California 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, . 651 Pine
Street, Martinez, California 94553. .
C. If claim is against a district governed by the Board of Supervisors,
rather than the County, the name of the .District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Cl im. by )Reserved for Clerk' s f' 1'ng stamps
RECEIVED
Against the COUNTY OF CONTRA COSTA) �5'21 . . 1
or DISTRICT)
(Fill in name) EL
CL T
The undersigned claimant hereby makes claim agai " ' ntra
Costa or the above-named District in the sum of
and in support of this claim represents as follows:
------------------------------------------------------------------------ -
1. When did the damage or injury occur? (Give exact date and hour)
J'---i--t-
2. Where did the damage or injury occur? (Include city and county)
3. How did the damage or injury occur"? (Gide full details, use extra
sheets if required)
_ _
------- -
4. What particular act or omission on the part of county or-district
officers , servants or employees caused the injury or damage?
(over)
5. What are the names cf. county or district officers, serv4nts br
&mployees causing the damage or injury?
6. at damage or in 'u�es do you claim resulted? Give full e n
7 Y � �e t
of injuries or damages claimed. Attach two estimates for auto
damage) .
I /� o,
- ------ -----------------
7. How was the amount c aimed above computed? (Include the estimated
amount of any prospective injury or damage. )
-- -��-_�=1--- --_----- -L_�� ------ -- -- --- ---- ------
8. Dfaiaes-and addresses of witnesses, doctorsandhospitals.
S_c CIS ..
- -------- -- -T1-------------------------- --- -- - -----
9. List the expenditures you made on account of this accident or injury:
T"._•' ...-----..-.., ITEM AMOUNT
'..'..'.. �•:.,.Z_l' tiff{`r.:'."y }• .
-: Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO (Attorney) orb some erso on his behalf. "
Name and Address of Attorney
r
vluA
mant'snature-
A K e a Z-12 s:
Address
Telephone No. Telephone No. �_���
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to- defraud,, presents for allowance or
for payment to any state board or officer, or to any county, town, city
district, ward or village board or officer'L authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
1
Sherif f-CoronerContra Richard K.Rainey
SHERIFF-CORONER
P.O. Box 391 Costa Warren E. Rupf
Martinez, California 94553-0039 Assistant Sheriff
(415)XXX-646-4644 County
Gerald T.Mltosinka
Assistant Sheriff
January 27, 1988
Mr. Billy Joe Skaggs
5065 Kenmore Drive
Concord, California 94521
Dear Mr. Skaggs:
A thorough search has been made of all areas where arrestee's property
is stored.
This search failed to locate the property that was not returned to you
at the time of your release on November 10, 1987.
1 apologize for the loss and any inconvenience caused by it.
recommend that you ,file the claim against the County for the lost
property.
Your complaint about medical staff was investigated by the medical super-
visor. Medication was ordered for you on November 10, 1988. You were,
however, released on that date.
Very truly yours,
RICH D K. RAINEY, Sheriff-Coroner
By : Gerald T. Mitosinka, Assistant Sheriff
RKR:GTM :js
Attachment
AN EQUAL OPPORTUNITY EMPLOYER
T
CONTRA COSTA DETENTION FACILITY
PROPERTY RECEIPT
_ pAE: 1706/87 REC. S$Z2D014
TIME` 0856FACILITY KrMDF r R _
NAME. `SKAGGS SILLY .JOEPROPERTY BOX #
BOOKING NBR. ' 8?0 26 3 0 5 J - t.'=;:' ,^ T
ITEM UNDER COUNTER: Y OR N
INTAKE
CASH: $, 5. 52 rw
JEWELRY: N pESC:, rf
WATCH:'4'. Y 'DESC: ,SLK P RAT,I NA 06
WALLET/PURSE. N
KEYS 0
GLASSES: �N J
BELT Y . B01-
'KNIFE.
OTHER 2...YM .:TOKENS,YM L.ICHTER,MISC PA
7i # ':PERS,PLASTIC KEY ;CHAIN
BKG OFC: _* ,
PROPERTY BOX ASSIGNED:
ka r
• ` i�fv{�y ' /..rr '� '3. }•"y'wj3yl•,a _ .
_ s� X).
L--.',,7IF4AATE SI^1NNATURE ��,�pp 1
to
RELEASE
DATE I,HAVE RECEIVED ALL'QF MY -"
r`
PERSONAL PROPATN.
REL QFC:
�h y
INMATE SIGNATURE
14i
_ w
POLICE DEPARTMENT
PROPEFM AMIPT
UAW
s2l
cmcar CMARfiE
CASH: �Qf DOUatAS
�L r�1
BOOKING
OFFICEA:
WITNESSED BY:
I HAVE RECEIVED THE ABOVE DEBCRIBED PROPERTY FROM THE CONCORD
POLICE DEPARTMENT.
NAME:
RELEASED BY: TIME.
i
i.
. CLAIM A1,71HARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County. or District governed by) $OARD ACTION
the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT March 8 , 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: $140. 99 Sec on 913 and 915.4. Please note all •Warnings".
5bnty Counsel
CLAIMANT: JOSEPH JAMES SKINNER
58 Linscheid Drive FEB 17 1988
ATTORNEY: Pittsburg, CA 94565 M
'D'aqriAg&QA 94553
ADDRESS: BY DELIVERY TO CLERK ON February 11, 1988
BY MAIL POSTMARKED: not legible
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
February 17 , 1988 PPdIL BATCVELDR, Clerk
DATED: e : epu y r
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: _tel/ f�; 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
( 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 8 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 14 1988 BY: PHIL BATCHELOR by puty Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COP-;.�OrrF4?RWapplicationto:
A Instructions to ClaimantVerk of the Board
.O.Box911
4 Martinez,Caiifomia 94553
A. Claims relating to causes •of action for death or for injury to
person or to personal property or growing 'crops must be presented
not later than the 100th day after the accrual of the cause of
action. 'Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
_of-action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of S�sars
at its office in Room 106, County Administration Builda.ng, 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 Distract--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 Co3tec:'-72 atend
,y o this form.
RE: Claim by )Reserve „�Lerrk's .filing stamps
�esefa �, -� Qr'y► � S �k-inrter)
. • )
CEIVE
D,
Against the COUNTY OF CONTRA COSTA) �J
or DISTRICT) CL AT
F1 In name ) a TR e
The undersigned claimant hereby makes claim against the Coun Contra
Costa or the above-named District in the sum of
And in support of this claim represents as follows:
_ ww�rr rrr�.�rrwr+•.w.:err..�w.r.�w�rr�.r.rr.�.a.wr•.w�.rrr�.fw�..•.rr•:r..rwrrw iw�erwrw ww.�w �.��{
-..�. When did tir...... he damage or 1ury occur? {Give exact date and hour]
wrwr ..rrw �........ .r..rr•.rwrr•.•.Tw•=.�.�.w--------sswrwwr r..w..Tr•.w------------w•rr _..�
�. W�iere did tie damage or in3ury occur? {Include city and county) _
. rwwrwrrw....��r�..rwwn.r w.rrrr.rwT r.rrwrr�.r•...rr�.•rwrww
a;
rrT w.wowwwwrrwwr
~ 3. Haw did the damage or in3ury occur? {Giveu�� detai.Ns, use extra •,
sheets if required)
......r..rw.i.rrr..•..•••rwr.r.rrTrrTa�irrrr....•a�w .�rn.+�rrr�.•.•.i rw....�.wri wa.•.ww "•.i`
4:��What particular act or omission on the part of county or district• - ;
officers, servants or employees caused the injury or damage?
r
.0
-�•e d
`
t� jt . E' / {� i 1^ �' 1 (�C' f Ins 'Q Gt `.' .� (over) r
' a k. r to n
` 'I- V ./ • sal' / y ..I+} fY .r. i J . T iI Y/' S
' lia.•2i4ir' .1 - .•--i.:.isiieSF+,�.ri•l�S•,i.r':�_ .
5. ' Wht are the names of county' or district officers„ servants or
employees causing the damage or injury? '-
6. rWhatrdamageror�fnjuries do"you claim resu2tec�?-r�Give-full extentr
of injuries of damages claimed. * Attach two estimates for auto
damage}
rrrarrr�r�rrr rrrrr rra.r r.errrr.rrrr.rrrrrrrr..rsrrrrrr rr►rrr rrrrrrrrrr
7� How wasrrthe amountrrclaimed above computed? {Include the estimated
amount of any prospective injury or damage.)
i — 446
for r
.�rrr�.�.rrrrrrfrrr+.arrrrrrrrrrr—rr_.a►r—rrrrrrr rr rrrr+.arr.rrrw.rrruwri�rr.�rrr�rri rr ,
$. Names and addresses of witnesses, doctors and hospitals.
rrn.T--r rr rrr..—r,rr. --- r .=.rrr.�..rr rr r_.rrrTr�rrrr
�. List th,e,..r pend�tur s youmaderon�account ofrthis accident or injury:
ITEM AMOUNT
� c.Ke.t //5 , ort
f
f3& ,-f, IV,-Z rZt nr='s & �OeS
Govt. Code Sec. 910.2 provides.
""'"• - "The claim signed by the claimant
SEND NOTICES T0: ' (Attorney) or by some person onhis behalf.",,`
k
�y
Name and "Address of Attorney
Cla an s Signature
_....
-Address} �A 2
Telephone No. Telephone No.l �1— 7
r =A
NOTICE
Section 72 of the Penal Code provides: "
"Every.person whor 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 clai.m,, bill, account, voucher,
or writing, is guilty of a felony."
f
)irnw%Fr
CLAIM
BOARD Of tUPERVI50R5 Of CONTRA COSTA COUNTY,_CALIFORNIA
,'tlaim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements. )
NOTICE TO CLAIMANT March 8 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: $500 . 00 Section 913 and 915.4. Please note all •Warnings".
CLAIMANT: HENRY RUSHING
3400 Atlas Road ' 2212
ATTORNEY: Richmond, CA 94806
COunty Counsel Date received
ADDRESS: BY DELIVERY TO CLERK ON
February 8 , 1988 Risk Manag
_ FC 0 10 1988 February 5 , 1988
y
- Martinez, CA 94553 BY MAIL POSTMARKED:
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IV:IL BATCHELOR, Clerk
DATED: February 9 , 1988 BV: 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: /� A&W / /f 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).
1V. 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 8 1988 PHIL BATCHELOR, Clerk, By r2 L_41� 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 14 1988
Dated: BY: PHIL BATCHELOR by ty 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 )Reservestamps
)
RECEIVED
Against the COUNTY OF CONTRA COSTA)
or DISTRICT) L S
(Fill in name) ) CL
s
The undersigned claimant hereby makes claim against tQCounty of Contra
Costa or the above-named District in the sum of $ '�()
and in support of this claim represents as follows:
------------------------------------------------------------------�----
1 When did the damage or injury occur (Give exact date and hour
A n�
2
----------------------- --------------------------------------------
---
. Where did the damage or--injury occur? (Include city and county)
Cees LA)crld CF u: het'' �-q 5)` Z-22-(oti8
Ghed fb►'1 �r�tCe
c.,- q-8o� -
3. How did the damage or inj�ry occur.5 (Give full detai-l-s-,-
use extra
sheets if required)
TR[ t570 , ,rck`_' H-77b m f V�L�- W hi L'o- pa
------------------------------------------------------------------------
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
F Tp
(over)
5. `What are the names of county or district officers, servants or
employees causing the damage or injury?
rtry LEC L.uDtn5L6k�E1Z J j2., .
------------g-----------------------------------7 -Give fullextent
- - - ----
What derma e or in uries do you claim resulted.
of injuries or damages claimed. Attach two estimates for auto
damage}
-------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
- - - - -
----- --- --------- ------------------------------------
8 - Names and addresses of witnesses, doctors and hospitals.-------------
9. List the expenditures you made on account of this ccident or injury:
DATE ITEM AMOUNT
[i
e
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SE _(At me ) or by some person_on his behalf. "
Name and Address of Attorney c
Cl 1 an ' s Si nat e
WCL
Telephone No. Telephone No. ,qts) Z-Z-2-f
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. "
- AUTO PAINTING CONTRA COSTA BODY SHOP BODY REPAIRING
2323 BA R.R ETT AVE.
PHONE 233-8290
— &MCAf.ONO.CALIF.94804 "Particular Work for Particular Peocple" 000974
NAME «-/ l �/ MAKE _DAIE 2 �-
AOORFSS_- MOTOR
CITY �I.. -I� t--"—'�-� LICENSE MILEAGE
INSURANCE CO_..__ __. DEDUCTIBLE ESTIMATOR
SYM. FRONT MRS- PARTS SYM. LEFT HRS. PARTS SYM. RIGHT MRS. PARTS
Bumper Up Fender Front , Fender Front I
Bumper I Fender Shld. t fender Shld. '
Bumper Grd. 1 Fender Mldg. , Fender Mldg. '
Bumper Brkt. ' Headlamp , Headlamp '
Frt. System Headlamp Dr. , Headlamp Dr. '
- _ ..... ---.
Frame Sealed Beam , Sealed Beam ,
Cross Mbrs. 1 Cowl t Cowl 1
Stabilizers I Door Frt. Windshield
Wheel Dr.Garnish Mldg. Door Frt.
Hub Cap I Door Hinge Dr.Garnish Mldg. .
Hub & Drum 1 _ Door Glass I Door Hinges i
Knuckle I Vent Glass Door Glass
Lr. Knuckle Sup. 1 Door Mldg. Vent Glass
Lr. Control Arm Door Handle t Door Mldg. 1
Up. Contr. Shft. 1 Center Post t Door Handle
Shock Door Rear Center Post ,
Torsion Bar Door Glass ' Door Rear I
Spring , Door Mldg. I Door Glass 1
Tie Rod , Rocker Panel - Door Mldg.
Steering Gear Rocker Mldg. . Rocker Panel
Steering Whl. , Dog Leg , Rocker Mldg. 1
Horn Ring , Ouar. Panel Dog Leg 1
Gravel Shld. i Ouar. Mldg. i Ouar. Panel
Park Light Ouar. Glass i Ouar. Mldg. 1
Rad. Shell Ouar. Glass
Rad. Grille Ctr.
i i guar.Inner Const. I
_
Rad. Grille Side Ouar.-Ext. '
Grill Mld . '
i REAR , 1
Bumper Upper
Air Cond. Core , Bumper j6,jpg .,; _ (/I MISC.
Deh drator 1 Bumper Guard 1 Anti-Freeze t
Recharge AIC , Bumper Brkt. I Antenna
Horn I Gravel Shld. I Inst. Panel 1
Baffle Up. 1 Lr. Panel 1 Frt. Seat Adj. I
Lock Plate Lr. 1 Floor Trim ,
Lock Plate P I Trunk Lid 1 Headlining ,
Hood I Trunk Light 1 Top
Hood Hinges I Trunk Tire
Hood Midg. Tail Light Tube t
Ornament ' Tail Pipe t Batlery
Rad. Sup. ' Gas Tank _ t Painf
Rad. Core ' Frame Under Coat '
Rad. Hoses ' _Wheel A-11 �G '
Fan Blade Hub Cap
Fan Belt ' Hub& Drum TOTAL LABOR HOUR `�.2 /
Water Pump 1 Axle ' TOTAL LABOR (a.� ° c'�'/HR.
Motor Mounts ' Spring TOTAL PARTS
Trans. Linkage Rear Window TAX ,
I
oESTIMATE OF REPAIR PAID OUT - Tow & Storage ,
The above is an estimate based on our inspection and does not cover additional parts or labor which may be re-
quired after the work has been opened up Occasionally after work has started worn parts are discovered which TOTAL L�
are not evident on first inspection.Because of this the above prices are not guaranteed.
ESTIMATE
- 3849
STEWART'S BODY SHOP INC. Make
Ins. By
12540 San Pablo Avenue between Clinton & Solano Claim q, D/L
Richmond,CA 94805 Reg.7491 Phone:235-3515
Serial N
Mileage _
TO/' � �
J
Dote �� Lic. No. , �
Phone: Res. -- �- <--
"1
Phone: Bus.
Year and Make �� ',F-' .-Body Style Labor Sublet` Ports
r+ ,_ I��. f> l l� V
Replace Repair
2.
i
Gi r
i � !
,
v
V `
The above named insured is toY�o LABOR / HRS.
P C ✓
TOTAL �4
$ insurance deductible PARTS GL
PAINT
$ depreciation The above is an estimate based on our SUBLET
inspection and does not cover any additional SALES TAX
1 AUTHORIZE STEWART'S BODY SHOP parts or labor which may be required after the + S'
TO REPAIR ABOVE SAID VEHICLE AS work has been opened up. Occasionally after Advance Chgs.
ITEMIZED PER THIS ESTIMATE. work has started, worn or damaged parts are
discovered, which are not evident on the first ;JGTAt L 1
inspection. Because of this the above prices are
not guaranteed, and are for immediate accep-
tance only.
X DATE NET TOTAL
Speed ply 0 MCP 0 Patented
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, } iNOTICE TO CLAIMANT March 8 , 1988
and Board Action. All Section references are to } The copy of this document mailed to you is your notice of
'California Government Codes. } the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Unspecified Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: ROBERT C . BANOVAC ET AL
c/o Moore, Clifford, Wolfe, Larson & Trutner
ATTORNEY: P. 0. Box 119
Oakland, CA 94604 Date received
ADDRESS: C c;unty Counsel BY DELIVERY TO CLERK ON February 9, 1988
FEB 10 1988 BY MAIL POSTMARKED: February 8 , 1988
fl
1. FROM: Clerk of the oo ar 145-63-
dp rv,sors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: February 9 , 1983 IVIL BAATCYELOR, Clerk
epuL. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
{�} This claim complies substantially with Sections 920 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 920.2, 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:
Gated: _`} 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 8 1988 PHIL BATCHELOR, Clerk, By <
• Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (5) 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 945.5.
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 14 1988
Dated; BY: PHIL BATCHELOR bykl_e��ty Clerk
CC: County Counsel County Administrator
I PATRICK McCARTHY
MOORE, CLIFFORD, WOLFE, LARSON & TRUTNER
2 A Professional Corporation
Post Office Box 119
3 Oakland, CA 94604
Telephone: 415/444-6800
4 RECEIVEDAttorneys for Claimants
S
6 a8q 1988
7B
K P A B F H I RS
Ra/ISO
ONT CSO
8
By (. .. tY
9
10
11 In the Matter of the Claim of :
ROBERT C. BANOVAC and BANOVAC
12 CORPORATION,
13 Claimants, CLAIM FOR INDEMNITY
14 VS .
15 THE COUNTY OF CONTRA COSTA,
16 Respondent.
17
18
1 . ROBERT C. BANOVAC and BANOVAC CORPORATION present
19
this claim to the COUNTY OF CONTRA COSTA pursuant to section 910
20
of the California Government Code.
21
2 . The name and address of claimant Robert C. Banovac
22
is:
23
24 Robert C. Banovac
6181 North - 28th Place
25 Phoenix, AZ 85016
26
-1-
LAW OFFICES OF
MOORE. CLIFFORD. WOLFE. LARSON & TRUTNER
A PROFESSIONAL CORPORATION
1 3 . The post office box address to which Robert C.
2 Banovac desires notice regarding this claim to be sent is as
3 follows:
4
MOORE, CLIFFORD, WOLFE,
5 LARSON & TRUTNER
- Post Office Box 119
6 Oakland, CA 94604
7 4 . This claim arises out of injury to real property
8 and resulting damages allegedly sustained by STEVEN SACHS, BOBBI
9 SACHS, and AMERICAN MOTORISTS INSURANCE COMPANY relating to
10 alleged defects in the design and construction, and subsequent
11 subsidence of soils associated with the residence of Steven and
12 Bobbi Sachs located at 45 Knickerbocker Lane, Orinda, California
13 which is the subject of pending litigation per action number
14 253460 in the Superior Court of California for the County of
15 Contra Costa, known as Sachs v. County of Contra Costa. Disco-
16 very in this pending litigation has shown that the County of
17 Contra Costa performed certain services regarding the subject
18 property pertaining to drainage which allegedly has resulted in
19 damages to said property due to the negligent performance of
20 these services and/or the failure of the County of Contra Costa
21 to supervise, perform maintenance, or otherwise discharge its
22 duties as a public entity with respect to the subject property
23 and the properties immediately adjacent thereto.
24 5. On or about December 11, 1987 claimants were served
25 with a summons and cross-complaint filed by defendant ALBERT G.
26 BREITWEISER BUILDERS, INC. alleging that Breitweiser Builders are
-2-
LAW OFFICES OF
MOORE, CLIFFORD, WOLFE. LARSON & TRUTNER
A PROFESSIONAL CORPORATION
I entitled to indemnity from Robert C. Banovac and/or Banovac
2 Corporation with respect to the allegations of plaintiffs in the
3 complaint on file in the above-referenced action number 253460 .
4 Claimants hereby allege that the County of Contra Costa is
5 responsible in whole or in part for all damages claimed by
6 plaintiffs and cross-complainants and seek full indemnity and/or
7 comparative indemnity from the County of Contra Costa regarding
8 any and all damages for which claimants may become liable to the
9 plaintiffs and/or cross-complainants .
10 6 . The name or names of the employee or employees
11 causing the alleged injury, damages or loss are not specifically
12 known at this time, and/or are uniquely within the knowledge or
13 records of the County of Contra Costa pertaining to the subject
14 residence and its adjacent properties.
15 7 . The complaint of plaintiffs Steven and Bobbi Sachs
16 seeks general, special, and other damages, as well as costs of
17 suit incurred and such other and further relief as the court
18 deems just and proper. The cross-complaint of Breitweiser
19
20
21
22
23
24
25
26
-3-
LAW OFFICES OF
MOORE. CLIFFORD. WOLFE. LARSON & TRUTNER
A PROFESSIONAL CORPORATION
I Builders seeks a declaration concerning the respective liabili-
2 ties of the parties, attorneys ' fees and costs, as well as such
3 other and further relief as the court deems just and proper.
4 Dated: February 5, 1988 .
5 MOORE, CLIFFORD, WOLFE,
LARSON & TRUTNER
6
By
8 Patrick McCarthy
Attorneys for Robert C. Banovac
9 and Banovac Corporation
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-4-
LAW OFFICES OF
MOORE. CLIFFORD, WOLFE. LARSON & TRUTNER
A PROFESSIONAL CORPORATION
CERTIFICATE OF SERVICE BY MAIL
The undersigned, at Oakland, California, certifies to be true,
under penalty of perjury:
A
That she is a citizen_ of the United States, is employed in
Alameda County, California, is over 18 years of age, and is not a party to
the within action or proceeding
That her business address is 300 Lakeside Drive, Oakland,
California 94604 .
That she served a copy of the attached:
Claim for Indemnity
by placing said copy sealed in an envelope ( )
sealed in separate envelopes (xx.4 addressed as follows:
Nancy J. Casale, Esq.
TINNING & DeLAP
1299 Newell Hill Place, Suite 300
P. 0. Box 5246
Walnut Creek, CA 94596
Daniel Rapaport, Esq.
NICHOLS, DOI , & RAPAPORT
Atkinson Nichols Landmark Building
1032 Broadway
San Francisco, CA 94133
Timothy J . Ryan, Esq.
GORDON, DeFRAGA, WATROUS
& PEZZAGLIA
P. 0. Box 630
Martinez, CA 94553
Barbara Duvall Jewell , Esq.
THIESSEN, GAGEN & MCCOY
P. 0. Box 218
Danville, CA 94526-0218
with postage thereon fully prepaid, and thereafter was deposited in the
United States Mail at Oakland, Alameda County, California. That there
is delivery service by United States Mail at the place so addressed, or
regular communication by United States Mail between the place of mailing
and the place so addressed. That the date of deposit in the mail and
the date of the execution of this certificate was
February 8. 19$�
LEE ROMANO
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 8 , 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".
County Counsel
CLAIMANT: JAMES WILLIAM KOLB
c/o Martin N. Lettunich FEB 10 1988
ATTORNEY: 14363 Saratoga Avenue #205
Saratoga, CA 95070 MeoMmei;eGAd94553 February 5 , 1988
ADDRESS: BY DELIVERY TO CLERK ON y
BY MAIL POSTMARKED: February 3, 1988
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IL gATCHELOR, Clerk
DATED: February 9 , 1988 ��: Deputy
V, xza�
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
(x) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: �/Q ��f� BY: Deputy County Counsel
1I1. 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 8 1988
Dated: PHIL BATCHELOR, Clerk, By puty 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 14 1988 BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
ADAMS, ETIENNE & LETTUNICH
ATTORNEYS AND COUNSELLORS AT LAW
DOUGLASS M. ADAMS 14363 SARATOGA AVENUE
ROEBERT P. E71ENNE SARATOGA, CALIFORNIA 9SO70
MARTIN N. LETTUNICH
TELEPHONE (408) 867-3474
February 3, 1988
Board of Supervisors
County of Contra Costa
651 Pine
Martinez, California 94553
Gentlemen:
PleaVe be advised that, pursuant to Government Code
Section 910, a claim is hereby presented, as follows:
(a) Claimant: James William Kolb, 12231 Goleta Drive,
Saratoga, California.
(b) Notices to be sent to: Martin N. Lettunich, 14363
Saratoga Avenue, Suite 205, Saratoga, California 95070.
(c) Occurrence giving rise to claim: Issuance of a
bench warrant for the arrest of claimant for violation of
probation where none existed, leading to the false arrest
and false imprisonment of claimant on November 15, 1987.
(d) Description of loss: Loss of freedom, physical and
emotional trauma, medical expenses, loss of income and such
other and further damages as may be provable.
(e) Names of public employees: The names of the public
employees causing the loss are unknown at this time.
(f) Amount claimed: The amount claimed is in excess of
$10, 000. 00 and jurisdiction over the claim rests in Superior
Court.
Very truly your
MARTIN N. LETTUN
MNL:ek �����
Ft RS
CLER B RA Deputy
By . .
CLAIM
BOARD OF SUPEkVISORS 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 8 , 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
*mount: $270, 000- 00 Stsbia��g3��j� (�. Please note all •Warnings".
CLAIMANT: SANDRA KAY MCMILLAN DYKES FEB 10 1988
c/o Kenneth A. Meade
ATTORNEY: Attorney at Law Martinez, CA 94553
2423 Webster Street Date received
ADDRESS: Berkeley, CA 94705 BY DELIVERY TO CLERK ON February 9, 1988
BY MAIL POSTMARKED: February 8 , 1988
Certified P719 328 356
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
P IL gATCHELOR, Clerk
DATED: February 9 , 1988 Bd: Deputy
W1
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 910.6).
( ) 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: ,� �1(2 /ob BY: 4 �a4t �� -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
( 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 8 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 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.
Dated: MAR 14 1988 BY: PHIL BATCHELOR by uty Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, CA 94553 (or mail to P.O. Box 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 )Reser stamps
Sandra Kay McMillan Dykes ' RECEIVED
Against the COUNTY OF CONTRA COSTA)
or DISTRICT) CLE K NT HE VISORS
Fill in name )
0.
By A. WU
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 270, 000. 00
and in support of this claim represents as follows:
-- ---------------------------------------------
1.---When-----did----the----damage-------or--injury occur? (Give exact date and hour)
91be Attachment, Paragraph 5.
2. Where did the damage or injury occur? (Include city and county)
See Attachment, Paragraph 6.
--------------------------------------------------- --------------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
See Attachment, Paragraph 7.
------------------------------------------------------------------------
4. What particular act or omission on the part of county or district
officers, servants or employees caused the injury or damage?
See Attachment, Paragraph 7.
(over)
5. What are the names of county or district officers, servants or
employees causing the damage or injury?
See Attachment, Paragraph 9.
5. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
See Attachment, Paragraphs 8 and 10. and 1.1.
- -------------------------------------------------------
w How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
See Attachment, Paragraph 11 .
-------------------
8. Names ,and-addresses-of-witnessesdoctors and hospitals.
See Attachment; Paragraph 9. -- _
--------"`---------------- -- - -�---hT--------------T------
---- .
9. List the expenditures -u-m--ade-----on accoun-----t-of tis accident or injury:
ITEM AMOUNT
See' Attachment, Paragr ph 8.
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on his behalf. "
Name and Address of Attorney
Ciai ant' s Signature
Kenneth A. Meade 3 Williams Way
Attorney at. Law Address
2423 Webster Street Pittsburg, CA 94565
Berkeley, CA 94705
.. .-Telephone No. 41--5-845-1933 _. - --fielephorne No. 415-427-1504
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 FOR PERSONAL INJURIES AGAINST A PUBLIC ENTITY
• PURSUANT TO SECTION 910, CALIFORNIA GOVERNMENT CODE
DATE: February 8, 1988
1 . CLAIMANT' S NAME: Sandra Ray McMillan Dykes
2. CLAIMANT' S ADDRESS: 73 Williams Way, Pittsburg, CA 94565
3. CLAIMANT' S TELEPHONE: 415-427-1504
4. ADDRESS TO WHICH NOTICES ARE TO BE SENT:
Kenneth A. Meade -
Attorney at Law
2423 Webster Street
Berkeley, CA 94705
5. DATE OF ACCIDENT OR INCIDENT: On or about August 20, 1987.
Alleged malpractice was discovered on or about November 21 , 1987.
6. LOCATION OF ACCIDENT OR INCIDENT: Merrithew Memorial Hospital,
Martinez, CA 94553
7. HOW DID ACCIDENT OR INCIDENT OCCUR: Physicians , surgeons, and
other medical personnel and staff employed by the County of Contra
Costa misdiagnosed and/or failed to diagnose a cancerous condition in
Claimant ' s left breast. As a consequence, Claimant underwent a
needless, uncoordinated and wholly unsatisfactory breast reduction
surgery to both of her breasts on . August 20, 1987. The surgeon
employed by the County of Contra Costa to perform said surgery did not
know of Claimant ' s pre-existing cancerous condition to her left
breast . The surgeon who performed the breast reduction surgery
breached the required standard of care of the profession and violated
Claimant ' s consent to such surgery by removing virtually all of
Claimant ' s breast tissue from both breasts. Claimant had consented to
such surgery on the condition that the size of her breasts after
surgery would be much greater than the size of her breasts that
actually resulted from the surgery. Additionally, during said surgery,
Claimant suffered a severe burn from a cauterizing gun which was
negligently applied to an area of her body just above her left breast
which has resulted in a permanent and deforming scar.
Please note that Claimant has just recently retained counsel to
represent her interests in this matter, that Claimant' s counsel is
currently investigating this claim, that said investigation has not
yet been completed , . and Claimant hereby reserves the right to change ,
amend, or add to her statement of how this injury occurred based upon
the results of said investigation.
8. DESCRIBE INJURY OR DAMAGE: As a consequence of the medical
malpractice described herein, Claimant was caused to undergo a
needless, uncoordinated and wholly unsatisfactory breast reduction
surgery to both of her breasts which was performed in a manner not
consistent with the standard of care as practiced in the profession
and in violation of Claimant ' s informed consent. As a further
consequence of the medical malpractice described herein, Claimant was
caused to undergo an additional unneccesary biopsy. As a further
,l s
consequence of the medical malpractice described herein, Claimant
suffers permanent surgical scarring on each of her breasts, a further
permanent scar above the left breast, an unneccesary delay in the
performance of a needed mastectomy of her left breast, an unusually
complex reconstruction surgery which may require further surgeries
than would have been necessary had the malpractice described herein
not occurred. As a further consequence of the medical malpractice
described herein, Claimant was caused to lose income related to her
work with the County of Contra Costa. The cost of all of Claimant ' s
medical care, emotional therapy care, reconstruction surgery and
interim prostheses has been paid or will be paid by Claimant' s health
plan as an employee of Contra Costa County . Representatives of Contra
Costa County have already admitted legal responsibility for the
malpractice described herein and paid to Claimant sums totalling
$7,500.00 as damages to be credited against any settlement or eventual
judgment relating to her claim.
Please note that Claimant has just recently retained counsel to
represent her interests in this matter, that Claimant' s counsel is
currently investigating this claim, that said investigation has not
yet been completed, and Claimant hereby reserves the right to change,
amend , or add to her statement of the nature and extent of her damages
based upon the results of said investigation.
9. NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE: Claimant
does not know all of the names of the public employees who caused or
may have caused her injury or damage . This information is contained in
the pertinent medical and hospital records which have been requested
by Claimant ' s attorney, but have not yet been received. Claimant does
know that her breast reduction surgery was performed by Dr. Stephen
Murphy and Dr. Casebolt assisted and that this surgery was performed
at Merrithew Memorial Hospital . Claimant was seen by Dr. Kenneth
Bowers in connection with the cancerous condition of her left breast
both before and following the breast reduction surgery. Claimant was
also seen in connection with these matters by a family practice
physician, Dr. Huie, at Merrithew Hospital .
10. AMOUNT OF CLAIM: $270, 000.00
11 . ITEMIZATION OF CLAIM:
Estimated current loss of earnings : $ 10, 000. 00
Estimated future lost earnings : 10, 000. 00
General damages: Permanent scarring, grossly
deformed breasts, unnecessary surgeries,
emotional pain and suffering, additional
required surgeries, physical pain and
suffering. The cost of Claimant ' s medical
care and emotional therapy care is being
furnished and paid by Claimant ' s health
plan as an employee of Contra Costa County .
250,000. 00
TOTAL $270, 000. 00
-2-
Please note that Claimant has •just recently retained counsel to
represent her interests in this matter, that Claimant ' s counsel is
currently investigating this claim, that said investigation has not
yet been completed, Claimant is still under medical care and treatment
for her injuries, and Claimant hereby reserves the right to change,
amend, or add to her statement of the nature and extent of her damages
and itemization thereof.
Signed by or on behalf of claimant:
-3-
CLAIM
e - BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA
i
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 8 , 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: $130 . 00 Secti lit$nt n43el Please note all "Warnings".
CLAIMANT: JONATHON B. NAGLE a 1 n 1988
191 Brown Drive
ATTORNEY: Pacheco, CA 94553 Martinez, CA 94553
Date received
ADDRESS: BY DELIVERY TO CLERK ON February 9 , 1988 hand del .
BY MAIL POSTMARKED: no envelope
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. ppHH gg
DATED: February 9 , 1988 BYIL Deputy OR, Clerk
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: 2�/�, 1 rn"� 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. BOARDD 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 8 1988 PHIL BATCHELOR Clerk ByDeputy 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.
Dated: MAR 14 198$
BY: PHIL BATCHELOR byputy Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA CO§_ AMUapplication to•
M ? ` Instructions to ClaimantC'•efk of the Board
.0.80x 911
A. Claims relatingto. causes •of ac Maor iz.njury 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.
f -action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause
_of-action. (Sec. 911.2, Govt. Code) - :----
B. Claims must be filed with the Clerk of the Board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, California 94553.
C. If claim is ,against a district governed by the*Board of �Supervisors,
rather than the County,, the name of the District%should be filled in.
. D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud.—See-penalty for fraudulent claims, Penal Coa6'Tec.72 at end
of form.
RE: Claim by )Reser v ' `ling stamps
�
�aN�rwfa -
r----- IEC E
ts�e
Against the COUNTY OF CONTRA COSTA) 8W -
or DISTRICT)
(Fill in name ) By `
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $_130,2
. .and in support of this claim represents as follows:
.
1_* __ _
_.�_________—___ --------
--
When did the damage or injury occur? (Give exact .date and hoUT
=:
17 Rnere dxd tie dama a or inJ 3urY occur? (Include city y and cou
--
my -�
rm
3. How did the damage or sjury occur? (Give Tudetay.is, use extra ..,.
sheets if required) y� ".r .1
ww�+T 1V �� � ■it '*�1c"I -°-
tecart�o b� � 2�pwe�{ �U►scr�•�. P►wsM�er'"G�Gpv�y�rm� � dii�pc�
elesl * lgso 14W4*' TkC*'� **A
Tks, da►ar of"` .drl�i�i�.
• +rt Z.. _. was ,rte W. jy,�Mr atvi op�os�rt�, ' wwtt:i+�sk�'1� ww�r.'
%W d�:p"'"4 OwvAwo m4 ata,rt� OK 1he. _ �"��'
4. What particular act or omission on the part of county or dsstrict
officers, servants or employees caused the injury or damage? . .. E
_4
(over) r..
S. `What are the names of county or district officers, servants-or f"
employees causing the damage or injury?
-Z' APr S710
. 6.r what aamageiorrinjuries do�you claimlzesulted?�ZGive-full extent`��i
of injuries ci damages claimed. - Attach two estimates for auto
damage) - -
.....r—,..�s+��r_r.r.►4a���—i_—r—f_�—.wi—��..,r�—r_�—_—�r�.��—w�—www—,r -----w..��n.�----�.__-
7 How was the amount claimed above computed? (Include the estimated
amount of any PFrospective injury or damage.) ,p ba%Aa nv 't'%g
. A440N dAgv r pr+,at'. q I M4_ ',� v+�'I. Mo►::dwr I*e dwckmr eht
A Ges�S �t�.yvt �c3vK w+y M�ta�►. Z-h� Inert �;*b�y1� w+ut 6i'i-1� oto._'�+E';_��;
T• ah�'hc'1S as O so yWA4
_ti . �.••�•• f� �r •M !�� �_ri_--,�Y--w_—Mir—!
8. Names_ ___--and__ addresses�_��lMof___witnessr ��_�_es, doctors and hospitals.
,,, -`-,ry _
r Lsthe< xpendtre you-made-on account of this accident or zn�ury: .r..
` fDATE ;. ITEM AMOUNT
,t. .,, . t s♦�
Govt. Code Sec. 910.2 provides: ='t
"The claim signed by the claimant '
SEND NOTICES TO: (Attorney) or by some-person on his behalf."_,"
Name and *Address of Attorney
Claimantls �Sijtature
_ Addres .
�a..
Telephone No. Telephone No. 441r. (Arogtit,$'
- 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 j
the same if genuine, any false or fraudulent claim, bill, account, voucher, '_••
or writing, is guilty of a felony."
-+ta -r:v.�:.....::-.^,. ' ��= �'�✓ _^',s,J.�.<�'.•.-r.�_ ^.'�p.:i.r'_y;?w..rv:.der;.ryMb�f.!'y:i .'14�1s!i�.�.�.M6�:.Mr�ifl�N�lfwe
T.
___�_._.__..____c�o-c-c�ta ___'�'►_y _ .�.lo-c4,�_�-cold_�rnE �__-------__.--
-----------� of � ---- • •_
_racnn I .T�\e- ux
- WOLXI. _ Cao 1001
+fit If over- 1l+�
t
��- _ __ rt�� 1c�ak� �r'or___��c''1�£+r►ti -�+�Q �a.1"---
�c�.d��.o c�.bc�u•-c___Coy,o.o pnn.-.---____
4
' sop
4q(>
rsAt fAf4. _ ----_ — --- �_== ---
_ r
10-4
--- -------
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District governed by)
'March 8 , 1988
the Board of Supervisors. Routing Endorsements, ) NOTICE TO CLAIMANT +
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: INSURANCE COMPANY OF THE WEST
P. O. Box 9283
ATTORNEY: Walnut Creek, CA 94598
County Counsel Date received February 8, 1988 Risk Manage
ADDRESS: BY DELIVERY TO CLERK ON y
FEB 10 1988 BY MAIL POSTMARKED: February 3 , 1988
Martinez, CA 94553
1. FROM: Clerk of the Board of Supervisors ' TO: County Counsel
Attached is a copy of the above-noted claim.
�qIl ATCHELOR, Clerk
DATED: February 9 , 1988 : eputy
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: /v-g;/ 8Yi&:A 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 8 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 14 198$ BY: PHIL BATCHELOR by _eputy Clerk
CC: County Counsel County Administrator
10140 Campus Point Drive
February 2„ 1988 . _._. San Diego, CA 92121-1520
(619) 546-2400
1575 Treat Blvd .
Clerk-of the Board Walnut Creek, CA 94598
651 Pine Street, Room I08 (415) 937-9460
Martinez, California 94553 ...
/_7 17323 Ventura Blvd .
Encino, CA 91364
(818) 906-4000
RE: Claim of Insurance Company of the West for Reimbursement of -
--
Workers ' Compensation Benefits on:
Employer: Primas Pizza & Pasta
Employee: Timothy Root
Date of Loss: 11/3/87
Claim No . : 020-87-00167
"Dean Clerk of. the Board
In accordance with California Government Code Section .910, Insurance
Company of the West presents the following claim:
1. ..,Name and Address of Claimant
Insurance Company of the West
P.O Box 9-28.3 : _. _.
Walnut Creek CA 94598
415 5 937-9460
Attn: Kelly Marples
r -
2. ... Send All Notices To:
' • �.'S`.` ..*f` -.a` .. •3 ` ✓". „,.7 .,t`: fit . � �' r,3' :< ♦�t1. fi '.
Same `a's .above.
` 3. Circumstances of occurrence '� •` � $
_.
a. Date and 1`ime P+�
x; 11 3 87 8: pini `(A pp. N oas
b.
_Place
r T
Alcosta B1vd , -San Ramon, CA
� c StatementMof Facts
flim Roat " in 'tired `employee; was traveling On foot and
crossed divider on Alcosta B v . -' An .uneven pate o
round caused him to twist right ane. ICW is an -
authorized WC carrier and is obligated under a duly
issued and valid policy of insurance to pay WC bene:tits
to employees of Pri.mos Pizza & Pasta, including Tim
Root.
~ Page 2
4 . Damage/Loss Incurred
Right ankle sprain reporteU at this time.
5 . Name of Public Emplovee{s} Causing Loss
Unknown
6. Amount of Loss Claim to- Date
ICW has paid $48 . to date.
7 . Estimated Future Loss
The Workers ' Comp. claim is still open. ICW will be
obligated to pay further benefits in amounts not yet
fully ascertained.
Thank you for your prompt consideration .
Very truly yours,_
Insurance Company of the West
.....-1, ., t.. j i* �.'E . '• f J' S� .•4 .lam .�.':.p -
Kelly' A. htarp`les
Workers' Compensation
. ".• .,:Claims• •Itepres.enta,tive. -
XXX/xxx/0661E }
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA and as
ACTIONING
- BOARD OF THE CONTRA COSTA COUNTY HOUSING AUTHORITY March 8, 1988
Application to File Late Claim ) NOTICE TO APPLICANT
Against the County, Routing ) The copy of this document maile to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the MdARNING" below.
Claimant: TOURI MCLENNAN County Counsel
P. O. Box 1768
Attorney: Pittsburg, CA 94565 FEB 10 1988
Address: Martinez, CA 945,553
Amount: $500, 000. 00 By delivery to Clerk on February 5 , 1988
Date Received: February 5 , 1988 By mail, postmarked on February 3 , 1988
I. FROM: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above noted ApplicationS LleLate Claim.
DATED:Februar 9 1988PHIL BATCHELOR, Clerk, By Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
N The Board should deny this Application to File Late Claim (Section 911.6).
DATED: VICTOR WESTMAN, County Counsel, By " n / Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( ) This Application is granted (Section 911.6).
( This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: MAR 8 1988 PHIL BATCHELOR, Clerk, By Deputy
WARNING (Gov. Code 5911.8)
If you wish to file a oourt action on this matter, you must first petition the
appropriate oourt for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board T0: 1 County Counsel 2County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
MAR 14 1988
DATED: PHIL BATCHELOR, Clerk, By Deputy
V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
APPLICATION FOR LEAVE TO PRESENT LATE CLAIM
I, Touri McLennan, hereby apply to the Contra Costa
Board of Supervisors for leave under Government Code Section
911 .4 to present late the attached claim which is entitled CLAIM
UNDER GOVERNMENT CODE SECTIONS 900 et seq.
Although the Notice to Claimant dated January 7, 1988,
contends that- the claim should have been presented within 100
days, this contention is incorrect, because the claim is not a
personal injury or personal property damage claim. The claim is
a common law claim for wrongful discharge. A common law claim
for wrongful discharge is not a personal injury or personal
property damage claim, and thus the claimant has one year in
which to present the claim under Government Code Section 911.2.
(Myers v. Orange County (1970) 6 Cal.App.3d 626; see Richardson
v. Allstate Ins. Co. (1981) 117 Cal.App. 3d 8. )
I was not terminated from my position until on or about
December 31, 1986, which was less than one year from when I
presented the claim. The claim was presented under Government
Code Section 915.2 when it was mailed which was December 17,
1987 .
Thus, my claim was timely.
Assuming arguendo that my construction of the law is
incorrect, then this application for leave to present late claim
should nonetheless be granted, since my construction of the law
is reasonable and in good faith, and thus any lateness is the
result of mistake, inadvertence, surprise, t,
R ECEIVED
5" 1988.
CLER P ARB F MELO v1SORS
O.
By . .J. P„ty
and there is no prejudice to the governmental entity.
DATED: February 3, 1988
Touri McLennan, Claimant
-2-
RECEIVED
DEC 211987
CLAIM UNDER GOVERNMENT CODE SECTIONS 900 eeg. .,,y ._,,
CLERK as v
Touri McLennan hereby files a claim under Gtr C . ,U, Lry
Code Sections 900 et seq. against the Housing Authority of the
County of Contra Costa.
(a) Touri McLennan's address is P.O. Box 1768 ,
Pittsburg, CA 94565 .
(b) All notices should be sent to the address listed in
subpart (a) above.
(c) Touri McLennan (hereinafter claimant) was terminated
from the Housing Authority of the County of Contra Costa on
December 31, 1986. At the time of termination, claimant worked
at El Pueblo Housing Project, in Pittsburg. The termination
constituted a tortious discharge in violation of public policy in
that claimant was terminated in retaliation for his exercise of
his state and federal constitutional rights to free speech and
association, and to petition government for redress of
grievances, and because: (1) he refused to provide negative
testimony against Frank Vigil, another Housing Authority
employee, at Frank Vigil' s termination hearing, and specifically
refused to testify that Vigil had abused petty cash, but rather
insisted that if called as a witness by the Housing Authority, he
would tell the truth, which truth would fail to reveal any petty
cash abuse by Vigil, who the Housing Authority wanted to
terminate for political reasons; (2) before Vigil ' s termination,
and while Vigil was claimant' s supervisor, claimant failed to
supply the Housing Authority with negative information about
Vigil, who the Housing Authority wanted to terminate for
political reasons , but against whom claimant could not
truthfully supply negative information; ( 3) while Lynn Kirkland
was claimant's supervisor, claimant complained to the Housing
Authority about how Lynn Kirkland forced claimant and other
employees under him to do personal work for Kirkland during
Housing Authority working hours when claimant and the other
employees were supposed to be doing Housing Authority work and
were being paid by the Housing Authority; (4) while Lynn Kirkland
was claimant's supervisor, claimant complained to the Housing
Authority about how Kirkland was appropriating paint, wood, and
other Housing Authority property for his personal use; and ( 5)
while claimant was employed by the Housing Authority, claimant
filed complaints with the U.S. Equal Employment Opportunity
Commission and the California Fair Employment and Housing
Department alleging that the Housing Authority discriminated
against blacks in employment.
(d) As the proximate result of the tortious discharge of
claimant in violation of public policy, claimant has suffered
damages including without limitation, loss of income and
benefits, repossession of his car, loss of the payments that he
made on the car, and serious emotional distress.
( e) The public employees who participated in the
decision to terminate claimant tortiously in violation of public
policy, and thus who caused the injury, were Perfecto Villarreal,
Richard Martinez, Susan Smith, and Lynn Kirkland.
( f) The amount claimed as of the date of presentation of
the claim, including the estimated amount of any prospective
injury, damage, or loss, insofar as it may be known at the time
of presentation of the claim is $500,000 . Said amount is
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computed by measuring the large amount of income loss incurred
and expected to be incurred in the future, by measuring the
amount of car payments made on the repossessed car, and by
measuring the amount of emotional distress involved and expected
to be involved in the future. Claimant reserves the right to
claim damages larger than $500,000 at some future time.
DATED: December 17 , 1986
Touri McLennan
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PROOF OF SERVICE
I declare that I am a resident of the County of Contra
Costa, over the age of 18 years , and not a party to the within
cause. My residence address is 2400 Shadow Lane #99 , Antioch, CA
94569 .
On December 17, 1987 , I served the within CLAIM UNDER
GOVERNMENT CODE SECTIONS 900 et seq. on the Housing Authority of
the County of Contra Costa, by placing the original thereof,
enclosed in a sealed envelope with first-class postage thereon
fully prepaid, in the United States mail , at Antioch, California,
addressed as follows :
Clerk of the Board of Supervisors
County of Contra Costa
651 Pine Street #106
Martinez, CA 94553
I declare under penalty of perjury that the foregoing is
true and correct. Executed on December 17, 1987 , at Antioch,
California.
Lori A. Kinsel
PROOF OF SERVICE
I declare that I am a resident of the County of Contra
Costa, over the age of 18 years, and not a party to the within
cause. My residence is 2400 Shadow Lane #99, Antioch, CA 94569.
On February 3, 1988 , I served the within APPLICATION FOR
LEAVE TO PRESENT LATE CLAIM on the Housing Authority of the
County of Contra Costa, by placing the original thereof, enclosed
in a sealed envelope with first-class postage thereon fully
prepaid, in the United States mail, at Antioch, California,
addressed as follows:
Clerk of the Board of Supervisors
County of Contra Costa
651 Pine Street #106
Martinez , CA 94553
I declare under penalty of perjury that the foregoing is
true and correct, and that this declaration was executed at
Antioch, California, on February 3, 1988 .
Lori A. Kinsel