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HomeMy WebLinkAboutMINUTES - 04191988 - 1.22 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 April 19 , 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 1V below), given pursuant to Government Code Amount: $10, 000._ 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: JOEL AARON MCARTHUR 62 Cloverleaf Circle ATTORNEY: Brentwood, CA 94513 Date received March 21 , 1988 ADDRESS: BY DELIVERY TO CLERK ON MAR 2' 11988 BY MAIL POSTMARKED: March 16 , 1988 COUNTY COUNM AAARTIN"CAu6. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Larch 21 , 1988 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. (` \) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: f'��' BYDeputy 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: APR 19 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: APR 2 2 1988 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator f 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 ) Reserved for Clerk' s filing stamps Against the COUNTY OF CONTRA COSTA) L VED V) or DISTRICT) Q8�(Fill in name) RThe undersigned claimant hereby makes claim ap",?sof ontra 0. Costa or the above-named District in the sum and in support of this claim represents as follows: ------------------------------------------------------------------------ d l. When did the amage or injury occur? (Give exact date and hour) --- 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details, use extra sheets if required) JT 4. What particular act o-omission on the part of county or district officers , servants or employees caused the injury or damage? oor ur-\C5 LOW6E). (over) 5. What are the names of county or district officers , servants or employees causing the damage or injury? 6. what damage or injuries do you aim resulted? (Give full extent 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. Name and addresses of. witnesseV doct s and hospitals. ---------- -- �� Flo-=- - -\Som __ £� ( \A ��►Gtr. 9. List the expenditures--y made on account of this accident or injury: DATE ITEM AMOUNT 3a-\D QI* *** 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 JOEL "\1 �AHyz, Claimant' s Signature Lal C_\b (I [ s aw L\:c Address Telephone No. Telephone No. jj(O' "2a� ************************************************************************** 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. " • .0 - 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 Ap r i 1 19 , 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, 008 - 55 Section 913 and 915.4. Please note all "Warnings". CLAIMun?: CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU P. O. Box 5001 Claire #54AL - 2935S ATTORNEY: Antioch, CA 94509 Date received March 18 , 1988 hand del . ADDRESS: REGIVEO BY DELIVERY TO CLERK ON MAR 11968 BY MAIL POSTMARKED: no envelope mUMY colM15Fl, I. FROM: Clerk of the Board olLW#"4" TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 21 , 1988 JYiL �ep�tyLOR, Clerk L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claimr 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: 4eSgeputy 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 0 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: APR 19 19E3B 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. Dated: APR 2 2 1988Z2 BY: PHIL BATCHELOR by �t,� Deputy Clerk CC: County Counsel County Administrator California State Automobile Association SERVING THE MOTORIST SINCE 1900 D.ROBERT BARLOW 2615 SOMERSV I LLE ROAD BOARD OF DIRECTORS CHAIRMAN OF THE BOARD VICTOR K.ATKINS,SAN FRANCISCO JOHN M.BRYAN MAILING ADDRESS: P.O. BOX 5001 ANTIOCH,CALIFORNIA 94509-0951 RUDY V.BALMA,REDDING VICE CHAIRMAN OF THE BOARD STAFF OFFICEHS BUSINESS: (415) 754.2210 CLAIMS: (415) 754-1613 D.ROBERT BARLOW,WATSONVILLE FIOE ARTHUR H.BREED,JR,.OAKLAND ALFRED F.FEDERICO JOHN M.BRYAN,PIEDMONT PRESIDENT CHARLES F.BULOTTI,SAN MATED GUY BATY ROBERT J.CARDOZA,MODESTO EXECUTIVE VICE PRESIDENT `��Nar^ S�^ AND SECRETAPI' w JACK CR ALLY,R,SANREKAEL GREGORY A SMITH ,yam®`� JACK E DALY,JR.,EUREKA TREASURER kA.w`''� HARMER K DAVISHOW WALNUT CREEK HARMON K.HOWARD,WALNUT CREEK RONALD R.JAMES,SAN JOSE JOHN T.KEHOE.SACRAMENTO FRANK J.LODATO,LOS ALTOS STEPHEN G.MAGYAR,PACIFIC GROVE HARRY W.McGOWAN,CHICO ANTIOCH DISTRICT OFFICE WILLIAM E.MCNEANY,SANTA ROSA MARTIN C.NELSEN,FRESNO PATRICK O'MELVENY,ATHERTON (�p p WILLIAM M.OTTERSON,MERCED March 17, 1 7 0 0 JEANNE M.PAYNE,VALLEJO DONALD J.ROMEO.M.D.,LAS VEGAS JEAN R.WENTE,LIVERMORE HONORARY DIRECTORS HARRY D.HOLT,STOCKTON !� /. MARVIN B.HUMPHREY.RENO Contra CCounty ounty FRANK MacBRIDE,JR.,SACRAMENTO PORTER SESNON,SAN MATEO 651 Pine Street ALFRED TISCH,CHICO Martinez, CA 94553 CHARLES W.WHERRY,MODESTO RE: Your Employee: Trojanowski, Steven Our Insured MacArthur, Irene Our Claim # 54AL - 2935S Date of Loss 12-10-87 Gentlemen: Enclosed please find a copy of our insured's total loss in the amount of $3,008.55. We are negotiating this case with Ron Harvey on a comparative negligence case. We are sending Mr. Harvey a copy of our subrogation papers and hope Mr. Harvey will call us soon so we may finally resolve this matter. Thank you for your anticipated cooperation. Sincerely, �attS'ho kle y y Claims De artment PS/hh Enc. -Claim For Damages In accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogated claim for the loss described below. Date: March 17 19 88 Antioch , California Contra Costa County 651 Pine Street Martinez, CA 94553 Claim is hereby made and filed against the Contra Costa County as follows: Name of Claimant: California State Automobile Association Inter-Insurance Bureau Address of Claimant: (Send notices to this address) P.O. BOX 5001, Antioch, CA 94509 Date of Occurrence: 12-IC-87 Place of Occurrence: Lore Tree Way and Smith Road, Antioch, CA 94509 Nature and Amount of Damages 008.55 Items Making up said Amount: BOBIS OW: $6Z.410 Less sa vage: $110.00 Total loss settlemente $2,876.15 Jim's Calif. Auto: $160.00 Total: $3008.55 Name of Public Employee(s) $3118.55 causing said Damage(if known): Steven Douglas Troianowski Facts & Details: Tnsured traveling_ eastbound on Lone Tree Way (2 lane roadway) when adverse (CC Sheriff) nulled out from a Ston sign to pursue a speeding_vehicle. Insured did not have enough distanre to stop in rime and rearended adverse_ 7f!%.AIR 13 198n CL A P R R:r By eputy California ate Automobile Association Inter-Insure ce Bur a F1688 (REV.5-78) <*> assi nment of claim and subro ation agreement reement g In consideration of the payment to the undersigned of JO the sum of $3,008.55 ❑ a sum estimated to be ****" Three Thousand Eight & 55/100 **** Dollars, being the full amount of loss and damage insured against under an automobile insurance policy, number L274390 issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, said loss and damage having occurred on or about the 10th day of December 19-3-L, the said undersigned hereby assigns and transfers to said Bureau $3,008.55 said claim in the above amount plus —0— additional claim for damage resulting from said accident, not covered under said policy of insurance, in the amount of$ 3.008.55 constituting ® a total claim ❑ a total estimated in the amount of $ 3,008.55 Said Bureau is hereby subrogated in my place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue, compromise or settle in my name or other- wise to the extent of said total claim for loss and damage, and to endorse in my name any check made payable to me therefor, and collect and receive any money payable thereby. The undersigned covenants that 1 ha Ve not released or discharged any such claim or demand against such party or parties and that 1 will furnish to said Bureau any and all papers and information in mY possession, necessary for the proper prosecution of such claim. Dated at Antioch, California this 17th day of March 19 88 WITNESS F1433 )REV.7-77) aim and asst nment of cl subrogation agreement In consideration of the payment to the undersigned of f] the sum of $3,008.55 ❑ a sum estimated to be *y** Three Thousand Eight & 55/100 *^y^ Dollars, being the full amount of loss and damage insured against under an automobile insurance policy, number L2 A"90 issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, said loss and damage having occurred on or about the 10th day of December 19 87 , the said undersigned hereby assigns and transfers to said Bureau $3,008.55 said claim in the above amount plus –0– additional claim for damage resulting from said accident, not d r a 3.008. 55 , constituting � a total claim covered under Said pOI1C';' or insurance, .n the amount of S a total estimated in the amount of S 3,008.55 Said Bureau is hereby subrogated in my place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue, compromise or settle in—MY name or other- wise to the extent of said total claim for loss and damage, and to endorse in my name any check made payable to me therefor, and collect and receive any money payable thereby. The undersigned covenants that I ha Ve not released or discharged any such claim or demand against such party or parties and that I will furnish to said Bureau any and all papers and information in mV possession, necessary for the proper prosecution of such claim. Dated at Antioch, California this lith day of March 19 88 WITNESS F1,133 (REV.7-77) Uct!IIUl llld•JLdW Hl •1111UUIle/-is6UL;ldL1U11 imer-insurance v u uGU 'tk. I AJ A. t:_�> DATE OF LOSS CLAIM �1111�� ,ATE 1?—lr:r-8'7 44—f..2�-i:';G—r, 7i' 1=:?':r. ��2-05— ;3 PAY 'POLICY—TYPE KIND OF LOSS SUFFIX CLAIMANTS NAME rt AUTO COI_ 0I.'', i-iil� t'IIiJF� Ii~.ftin!>rS1 40 ADJUSTER NO IN PAYMENT OF'. Through R S&Mrity Pacific Notional Bank 11-4 r Sen Francisco Main Office 100512 1210 C 14 T C 1:3?4 b A4919--0' 1 One Ernbareadero center San Francisco.CA 941`11 S n PAY . .*EIGHTY TWO 401100* IT r U BTS INSLif-;t`a`lC 1= F'Ot7L /� r TO P0 Ei U X 7 5.2 AUTHORIZED SIGNATURETHE - ORDER I`H : 7 0 —6 4•4-446,S)), NON-NEGOTIABLE D.O. COPY ` f California State ir pile Association Inter-Insurance 8+r�na+ X20 $ 5 4$ ='r= DATE OF LOSS CLAIM NAME JDATE 1.?— �INSURE:)'S :;�-lf^ ;7 POLICY—TYPE KIND OF LOSS SUFFIXIJCLAIMANT'S NAME PAY m 2. 0.0 ADJUSTER NO: IN PAYMENT OF: N ine m.i1 _ ecurity Pacific National Bank 11-4i r� j• i•4 0 l 0 W 1 t.)1.,1 �'1 n.L:}.1� an Francisco Mnn Office up512 1210 Z Emoarcadero Censer San Francisco.CA 94111 ;PAY _ m- z *0NE: HLlN)RLIl STXT'anm in m- N JIM'S CALIf=OF{ML' AUTO E+OI. Y INC F_.i'iS ,.��.'� m= TO 1705 SO'1ERSVILLE F.L.+ AUTHORIZECJSIGNATURE THE ('I�• ORDER 1 Ior-11 GA 94r.:051 / OF NON-NEGOTIABLE D.O. COPY - ----_-_--��=-_-_-_-=--__-�-�--- -- - - - -020 8�0�2�J- - - California State F -)mobile Association Inter-Insurance B, au rr 1yr.tr DATE INSURER'S NAME m DATE OF LOSS CLAIM PAY Z Q_.to .(.i• _ C ,•. CLNMANT'S NAME y SUFFIX _ r•2. '�r`i'� 'r m POLICY—TYPE KIND^oF LOSS" ., - - — .I...-14 T{-1{ lam: •:f' �`�i' Tnrou h 11-� C - o l 1- � —� I Security Pacific National Bonk 1210 Z ADJUSTER NO. IN PAYMENT OF: San Francisco Mem Office x0512 One Emoarcadero Carver D 0 ... ..! r'"11' !',i Sar•.Francisco.CA 94111 — 7a nil I A < PAYT i C11t� .i r �A c1 t r, ARENF 1" CAR `I•.It' AUTHORIZED SIGNATURE / f ^ TO 339 COLLETT COURl' .j: rrN® �CsO79A E, CI~ 9.4,113 OF / 1, Ili ;j 1;".I': y L. IAr11y1.11,,rt 1 D.O. COPY -- ... ........ ....... ... T .7 .1. M p F ... ....... nn rn) On coon % -no M2 5T- ETIn"T 11SWAUCc 3TLLf -._' V,LLEJn 717-644- 0,5-: ;�DAIE,wg L ------------------------------------------------------------------ -------------- - Ca"PLNY . . . . . . . A�T-CA . ST,TE 441q AS13C 4jJjTTFx . . v . O4 xiNT WOoW" Wdic%,'. . I? ENE 't' ;= 121101 - SC7 CGITIST. . . -6L i 7 y lopC 17Y . . . . . . Q L I I "0 - - - - PLC SEMATT . . -M- ------------------------------------------ VEHICLE. . . Oo My TWYNA cows"A LEC9 . . 1AJ95M- FQ,NT Vjjp _ Tj341oG7lV --------------------------------------!-------------------------- -- - - ---- - -wan. . J . !I L tL TS . Tj%. TT , VEWTV 407Z Mi 57 171SVILU R]"" 237 ` TY 7TOOT ! AITIMS, i -� VILL7jo, ;ES RECj I pTS 1 12/2o/n7 TXAM ! T L F S 2 12/ : L /j7 P37LIOn SzOwNc 7 a A 3 2,� ------------ TITAL A ?IMT 09w- IC2 . 4c cl..i 8 M AUTO DISMANTLERS, INC.() • MAILING ADDRESS USED PARTS AND TOWING 16140 b�+��U^ P.O. BOX S" HIWAY A AT BROWNSTONE RD. BRENTWOOD,CALIF.94513 OAKLEY, CALIF. PHONE(415)625-2753 NAME DATE ADDRESS ? `I �-� Q' ( ~ D.O.M �j17 C f L) CITY 1' 7 i PHCNE TERMS MAKE MODEL YEAR COLOR .LICENSE NO. SERIAL NO. MOTOR NO. /r� _ CASH TOW ROAD --�J CHARGE "RV CE ROAD VC3 POLICE DEPT: TIME WR1TT§N�Y'DRIVER ?RUCK NO. t, �"J • A.M. / TOW: FRONT REAR DOLLY PULL DRIVE SHAFT EJ ()0 WINCH BLOCKS CCC11/ DESCRIPTION: OVER STUCK IN IN FIELD OR LEVEE SANORCHARD CANAL ROLL , OVER LOCATION: �j� EXTRA / �` Z+ Ex 0C) LABOP ADVANCE CHARGES: STORAGE: FROM J /7 7 TO: CrI SECOND TOW v 1 C I ►'" T v � TOTAL I E, C 0(_) 1,the—den.gned,do hereby certify that t am legally owhor,zed and enntled ro mite possess, n of the oboe described rehtcie and oil pe,sonai p,openy thew ,and I hereby release H 6 M AUTO OLSMANTLERS.INC.from ony and da,noge and i or toss due to handing, rando-m.orrhef, X .. Caim No.roof ofloss 04—L27439-0 ase ~ > rpzceit-and relp Policy No. 1 Date policy Expires L27439-0 10-14-88 According to the terms and conditions of the Policy of Insurance identified above, the California State Automobile Association Inter-Insurance Bureau (Bureau) insured McArthur, Irene against loss to the automobile described in said Policy as follows: - Make - Year Socy Type Engine Number Toyota 1980 I Liftback I RT134060709 A loss caused by collision occurred on the 10th day of December 19 87 about the hour 8:30 n.m. the particulars of which are as follows: On the date and time indicated my vehicle was damaged under the circumstances contained in my loss reocrt. Claim is herebv made for the actual cash value of the vehicle as indicated below. The vehicle will be retained by: FIT Bureau ❑ Insured The loss described was not caused intentionally or otherwise by the design, procurement, or fraud of the insured, nor by any agent or any other person acting for or on behalf of the Insured. There is no other insurance in force as to this loss. There is no lien, conditional safe contract, bailment lease, or other interest in the described automobile except: Loss/Damage Less Amount of Deauctible Other Oeeucnons Amount Ca,mea Due by the insures $ 2876.15 ,S 250.00 �S IS 2626.15 Inconsideration of the payment of7O THOUSLZID SIX HUNDRED TIVENTY SIX MD 15/100(S2626.15 ) the Insured hereby assigns,transfers and sets over to the Bureau any and all claims or causes of action of whatsoever kind and nature which the Insured now has,or may hereafter have,against any person or persons as the result of the occurrence and loss as described above,to the extent of the payment above made;the Insured agrees that the Bureau may enforce the same in such manner as shall be necessary or appropriate for the use and benefit of the Bureau,either in its own name or in the name of the Insured;that the Insured will furnish such papers, information, or evidence as shall be within the Insured's possession or control for the purpose of enforcing such claim, demand, or cause of action; and The Insured understands and agrees that the furnishing of this form or the preparation thereof by any adjuster or agent of the Bureau is not a,waiver of any rights of the said Bureau. SIX AND 15/100 The insured acknowledges receipt of the sum of Twn TRnS='\m STY HIMBED TT .y^"7 ($ 2626.15 ) and hereby releases and discharges the Bureau from any and all liability whatsoever for any claim under Policy No. L274390 for the loss or damage described above and further acknowledges receipt of said amount in full satis- faction for all such claims or demands. AMID 15/100 The Ensured acknowledges receipt of the sum of T?dn Tunt'S.JZ� STY T4TPMR7TI TT]FNTV STY $ Paid under his direction as follows: To Irene McArthur the sum of $ 2626.15 To the sum of $ To the sum of $ *IMPORTANT—READ OTHER SIDE BEFORE SIGNING- n 11n /h7 fN5"F'cQ DATE 1 ( -L 1967 e C ) INSURED WITNESS._ • FtaCa,rev id7l . 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 AD r i 1 19 , 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: $128 . 8 5 Section 913 and 915.4. please note all "Warnings". CLAIMANT; MICHAEL J. DAVEY 2941 Estudillo Street ATTORNEY: Martinez , CA 94553 Date received ADDRESS: 1101VID BY DELIVERY TO CLERK ON March 21 , 1988 MAR :' 11988 BY MAIL POSTMARKED: March 17 , 1988 COUNTY CoUMM I. FROM: Clerk of the Boar ors TO: County Counsel Attached is a copy of the above-noted claim. March 21, 1988 rrHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 21 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 ( ►') 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. APR Dated: 19 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: APR 2?. 1988 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel Co n' Adm s fW,6r y 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 ) Resery stamps ) RECEPVED Against the COUNTY OF CONTRA COSTA) MAR 2 1 1988 PH;! CAiCHEIOR or DISTRICT) c KCOARDOFSUPERVISORS 'A (Fill in name) ) e C COSTA CO. Deputy 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: ---------------------------------------------------- d - ---------------- 1. When P�'{ amage or injury occur? (Give exact ate and houraC/a`1 �'.©t7 'y. M- ------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) 9V-11 ►a4t. -N- tA.�_A m a rZ�,atz , L-H ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give 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 of county or district officers , servants or employees causing the -damage or injury? t�fi4 ------------------------------------------------------------------------- 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto (damage) leu - - -- - - ----------------------------------------------- 7-.--H-ow--was----th-e--amoun----t--cl-aimed above computed? (Include the estimated amount of any prospective injury or damage. ) ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. c �.r�tnb�l v1 w l Y► t ------------------------------------------------------------------------ . 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 2(z�)`�� 1 (tom � 2�• �s ************************************************************************** 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 Claimkhis Sign ure x 4` 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, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , account, voucher, or writing, is guilty of a felony. " 3�1g X Cue�k S ' des Arn do 001 .I '1 r - tole •? u+ cuocx M cep° low a � CLAIM f+ 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 Apr i 1 19 , 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: $448 . 6 6 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: RONALD & MARTHA SCHWARTZ 912 Kane Circle ATTORNEY: Walnut Creek, �A�Q4598 HivV- Date received ADDRESS: BY DELIVERY TO CLERK ON March 21 , 1988 MAR � 11988 COUNTY COuma BY MAIL POSTMARKED: March 18 , 1988 AWARTIWEZ, GAUF. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 21, 19.88 PpHHIL ATCHELOR, Clerk DATED. 8Y: 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: !�//5r� BY: 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. BO7) This DER: By unanimous vote of the Supervisors present ( Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. f APR 19 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 1B; 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. APR 2 2 1988 Dated: BY: PHIL BATCHELOR by Deputy 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 ) Reserved for Clerk' s filing stamps RECEIVED Against the COUNTY OF CONTRA COSTA) Q MAR 2 1 1988 or DISTRICT) rH;;Sa CHEIOR (Fill in name) ) CLERK BOARD Of SUPECVISORS O i^A COS A O BY De ur The undersigned claimant hereby makes claim agar t the 'County 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) 3' -:.c P. i 5 _ r c r��2-..�•Z �- Ue l� A,.c+ 7-11 e.tT ------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) C,J,v Tn 7 L.,.• 5 7�9 L��,... T y -----H- - - ----------------------------------------------------------- 3. ow--di-d--the damage or injury occur? (Give full details, use extra sheets if required) A 3 ;. 12e e t-rvZ, •-1 r'(Z ec.r 2 A'Q/`r Psi-kT& L_' di 0 e4- 4-, d /1PS � /7Y�Q i.v n.u.v-/1C�OAI2�b�C G�•i ••,.�� _o /10 a .et�--� r'te 4. WhaCt particular act or omission on the part of county Or district officers , servants or employees caused the injury or damage? /LG0. (over) `�n sir�t�/ ��-..�, � /l•�L,d w.� 5. What are the names of county or district officers, servants or employees causing the damage or injury? .e4 ----------- ----------------------------------- ----------------------- 6 . What damag---e or injuries do you claim resulted- (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) �p r� �.7 LJ ^I4 J 71? C-,.e r�2r �'l�G e ♦vt t'-.�P' c /J.�! A j�c�C 7 �P/� ;c. re S t d� t--/.z es ------------------------------------------------------------------------- 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 accident or injury: DATE ITEM AMOUNT .313/1 C. Ln .JC 1; SO.i ^C 7-/1C 6- ifs.; ************************************************************************** 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 •--e:� Claimant' s Sig ature Address Telephone No. Telephone No.C�//s� 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. " ' Z %L`/4 -Z'.3 �(.-G w T J. �.P J e1Q 2 i.1 4 7'A—w +c 1 ,ia ( r.>- �, C ,c �-�^ C v JAS y u 7'1.,2 es 4,-7 c 7 cinc�'Ye q.z. tt s`j l c (,:4 /� 2�'s_ 6 .2� .4 �- ARC C' j r'�•e:� /2 i+T 3" ► C�l'-, 7b j ..mac e- it--kr— "'C4/L .7 /0".,SIt--j 1 r✓t rvCitC 41C7-V �C`J��1C. 'L /-Xo d 738 BANCROFT ROAD PHONE (418) H3S_8$25 WALNUT CREEK, GAL.IF. E459F w�T ivts= 3 RICK RICCABONAw 7)A'F F PKARMACY MANAGER d EA a h 1 RON WOATMAN Now 3 Lo-Cations GOODYEAR TI iE CENTER 0.0o b 625 Contra C osta Blvd. Concord, C 4 94523 / r► - 4 (415) 681-5353 STUART ENTERPRISES j% y' 2 Ea a St. 1772 tl► t Concord,C 4 94520 A �a MAGNUM TIRE&SERVICE INC. i 24;t Mahoj any Way Antioch,C:1 9A509 r (415) 771-3-3900 s .. S i f. CHARLES CHIPS a ti of 0 Northern California ^ .2 Ron_Ild L. Schwartz President - 428 N. Bi.-hanan Circle, Unit 1 Pacheco, CEA 94551 (415) 680-8698 QObO - 44 V(,N i; . '.i V L C i'9 V _._.. Gi�an9�u Prue Amaus:� ,i W�C{ d. t r h E. j v�� F �Ob price iaOWS%mot"dahict$fiat tax (if nixPliceblei c.e.stx t xar vt3i.' tisvacsltisrtEer SY�ie pREar;xfia.�Nt. Sf AA x 1; 14 T4 ... ....... 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Sp ,t aVF ��Y ♦. •' fro . . ,t CLAIM �• �— y BOARD OF SUPERVISORS-OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Boa-d of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 19 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 Am: r, : $86 . 00 Section 913 and 915.4. Please note all "Warnings"JtlCOM CLAIMA.n': MARK JEFFERSON MAR 1 $ 1988 201 Maine St . E-2 ATlOZt,Ev: Vallejo, CA 94590 Date received NARTM G1llF ADD;ESS: BY DELIVERY TO CLERK ON March 18 , 1988 hand del . BY MAIL POSTMARKED: no envelODe I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 18 1988 HHIL BATCHELOR, Clerk DATED: BPpY: Deputy L. Hall 11. 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: ��r i f, f: (� ' BY: Deputy County Counsel 1'11. 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. APR 19 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. f 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. L Dated: APR 2 2 1988 BY: PHIL BATCHELOR by , eputy Clerk CC: County Counsel County Administrator V BOARD OF SnPERVISORS OF CONTRA COAT m; TO: AXapplication to: Instructions to ClaimantVerk of the Board .O.BOX911 Martinez,California W53 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 Visors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94: 53. 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 Co3eec:72 at end obis form. RE: Claim by )Reserved for Clerk's . ' I 'ng stamps �0.v��C � �w-S 0✓` � _ RECEI ` Against the COUNTY OF CONTRA COSTA) ' 41AR or DISTRICT) (Fillin name ) cue soAs The undersigned claimant hereby makes claim a e e ounty of Contra Costa or the above-named District in the sum of 0() and in support of this claim represents as follows: rrr—aa.--^..^r----.r..T--^----�----rr�---------••---�.�.-- —r-- When did the damage or injury occur? (Gi.ve exact date and hour] �e I� �'3 � a 88 �� 8:50 t�-� .:-•�::�`� - �:- W�iere did tFie damage or injury occur? (Include city and county) 31 3. How did th damage or injury occurs (Giveu�I details- ��se cxtr 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? :.;: ,►�:;:.: .:. `l -c..�.� .� ��:,, 6 1 �art, •.s s over) . . �,_t -_ ._.Y; - .....r•..i.-:_-. ..'.✓._% ..Jd..ai.ii_� :;'�4!s. :T...=. ...�:il sc.....b.`.ti.��. �''-� �. r*Mat Mat are the e names of county or district officers servants or employees causing the damage or injury! .--.. .. !.T!lT-- l-!!!!!-- T!!!.•.!!.!! ''t 6. What damage or �n�uries do you claim resulted? Give—full extent of injuries of damages claimed. - Attach two estimates for auto damage) !!!!N!!!!!♦ !!!!!!!!!!!!!!!!!!!!!!-!!!!!!!!�.!!!!!!!!!!�!!!!�•!!!!-!�•!!!!!! 7. How was the amount claimed above computed? {Include the estimated amount of any prospective injury or damage. ) !!!!l••��!!! •!!!!!!!!!r!!!M!!!!!!!!!!!!!i!!!!! -;'' - 8. Names and addresses of witnesses, -doctors and hospitals. "• *� T�.��l -in �. T�TI�� �.! Lis¢ the expenditures you made on account of this accident or jury: PATE i ` x f ITEM AMOUNT rF _ -; ik` #1tlRt##* ##* i,,.., - .. . ............,r._ _ -. Govt erodeprovides: Sec. 910.2 "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person -6n his behalf. " "' Name and -Address of Attorney `q�q Clfilm0fial s Signature _ Address Telephone No. Telephone No.7 'NOTICE Section 72 of the Penal Code provid3s: "Eve erson who, with intent ,to defraud rl'*P , presents for allowance or _. for payment to any state board or officer, •or to any county, town, city '+ district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher,*' or writing, is guilty of a felony." i i• A � • 1 A .. �r.1. Vii• ,.+i!:YII�CSiC>�f .•i�.•i+wrivX�Y .ar.-w.�i�.rw:+..-y�.•r•4ir�Fi��y�+r�+'S.+Y.+-�..i+_- -+.+ri<«:�s.•.r.--...:.�.r�'�./:r:..r�-'i��:.-J•ts _:.•1. 73.. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA i Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 19 , 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 Arn-ur:t: $500, 000 . 00 Section 913 and 915.4. Please note all "Warnings". CAIMAN': LINDA OWENS c/o William L. Beeman, Sr. ATTOGhEY: Beeman & Beeman 237 Georgia Mall South Date received ADD;ESS: Vallejo, CA 94590 BY DELIVERY TO CLERK ON March 15 . 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. March 18 , 1988 PpHNIL BATCHELOR, Clerk DATED: 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 910.6). ( ) 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: BYDeputy 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 ( VJ 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. APR 19 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. n AFFIDAVIT OF MAILING ,I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the 'United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, .California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimantasshown above. ~r / „Dated: R 2 2 190 BY: PHIL BATCHELOR by i C Deputy Clerk CC: County Counsel County Administrator i Law Offices Of BEEMAN BEEMAN The Beeman Building 237 Georgia Mail South Vallejo, California 94590 Telephone (707) 552-7900 Attorney for LINDA OWENS RECEIVED MAR 15 1988 LINDA OWENS /0:td ct rri. PHIL BATCHELOR CLAIM CLERK BOARD OFUPERVISORS TRA Cy��T,1 CO. VS. B ��.-GLi .'Deputy CITY OF CONCORD and the COUNTY OF CONTRA COSTA TO THE CITY OF CONCORD AND THE COUNTY OF CONTRA COSTA: 1. Claimant' s name and address are as follows : LINDA OWENS, 1105 Oakwood, Apt. 9, Vallejo, Ca. 94590 . 2. Notices are to be sent to the following address: WILLIAM L. BEEMAN, SR. , BEEMAN & BEEMAN, 237 Georgia Mall South, Vallejo, California 94590. 3 . The date, place and other circumstances of the occurrence or transactions that gave rise to this claim are as follows: On or about December 11, 1987 , on Clayton Road, • in the City of Concord, County of Contra Costa, State of California, EMILY MC SORLEY so negligently and carelessly drove, operated and maintained her automobile so as to cause it to collide with claimants' minor son, ANTONIO LOUIS BARRIOS, thereby throwing him violently to the pavement resulting in his death. The CITY OF CONCORD and the COUNTY OF CONTRA COSTA were negligent in designing the traffic control system, posting warning signs, and determining the type and number of traffic control devises to be placed on Clayton Road and Marclair Drive. The CITY OF CONCORD and the COUNTY OF CONTRA COSTA had been aware, and was aware of the traffic flow pattern and the dangerous condition that existed at said intersection, and were negligent in not overseeing and ensuring the public safe streets. As a sole, direct and proximate result of the negligence of the CITY OF CONCORD and the COUNTY OF CONTRA COSTA Claimant has suffered from the loss of society, comfort, attention, services and support of the decedent, and has suffered injuries to her nervous system, and mental health, and has suffered severe emotional distress, all of which injuries have caused and continue to cause claimant great mental and physical pain and suffering; and claimant is informed and believes and upon such information and belief thereon alleges that said injuries so sustained by her were, are, and will continue to be permanent in character. As a result of said injuries, claimant were required to and did incur certain expenditures and obligations for medical care and attention and related products and services thereto; and did incur funeral and burial expenses. The exact amount of these expenses is unknown to claimant at this time. 5. The amount claimed at the date of presentation of this claim is $500 ,000.00 as a result of the claimant ' s general and special damages. DATED: x WILLIAM L. BEEMAN, SR. Attorney for Claimant j7� APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT April 19 , 1983 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to the Board of Supervisors (Paragraph III, below), . California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant; MICHAEL JOHN BOADA RIli`RIM c/o August J. Ginocchio MAR ;; 1 i98$ Attorney: 49 Quail Court #200 - Walnut Creek, CA 94596 cOWM coinsm Address: MUTINM cam. Amount: $2 , 000, 000. 00 By delivery to Clerk on March 21 , 1988 hand del . Date Received: March 21, 1933 By mail, postmarked on no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: March 21, 1983 PHIL 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). The Board should deny this Application to File Late Claim (Section 911.6). DATED: VICTOR WESTMAN, County Counsel, By 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: APR 19 1988 Deputy PHIL BATCHELOR, Clerk, By WARNING (Gov. Code $911.8) If you wish to file a court action on this matter, you must first petition the appropriate court 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 attorne u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County 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. APR 2 2 1988 Q DATED: PHIL BATCHELOR, Clerk, sy - 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 r I AUGUST J. GINOCCHIO Attorney at Law - 2 49 Quail Court, Suite 200 Walnut Creek, CA 94596 RECEIVED 3 Telephone: (415) 945-8711 4 Attorney for Claimant t ; " 1 1988. MICHAEL JOHN BOADA 9' n a,rn�HE 5 CLERK BOARDRVISORS CQNTRA O. 6 Bct7 .cC c• Deputy 7 8 BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA 9 10 In re the Matter of: 11 MICHAEL JOHN BOADA, APPLICATION FOR PERMISSION TO FILE LATE CLAIM 12 Claimant, (Govt. §911 . 4) 13 vs. 14 COUNTY OF CONTRA COSTA. 1 15 16 1 . MICHAEL JOHN BOADA, Claimant, hereby applies to 17 the Contra Costa County Board of Supervisors for leave to present 18 a claim against said County of Contra Costa, pursuant to §911 . 4 19 of the California Government Code. 20 2 . The cause of action of MICHAEL JOHN BOADA, Claimant, 21 as set forth in his proposed claim attached hereto, accrued on 22 February 19 , 1988 , a period within one year from the filing of 23 this application. 24 3 . MICHAEL JOHN BOADA' S reason for the delay in 25 presenting his claim against the County of Contra Costa is 26 as follows: I A) Claimant was incarcerated in the California 2 Correctional Institute in Tehacapi, California until January 23 , 3 1988 . Upon his release he consulted several attorneys and 4 had the claim filed with the Contra Costa Board of Supervisors 5 as soon as it was reasonably feasible. 6 7 /�M DATED: � � 16 MICHAEL JO N BOADA, Claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2- CLAIM TO: - ` , BOR:RD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant Return original application tc Clerk of the Board 651 Pine St.. Room 106 Martinez, CA 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) S. 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-T is form. gee**�►*tfr�ete+►+►:•�r•i**rtt:*e:t*:t•�►eet*•ee*♦�e*ee*��•e*t****te�►ee��f�tt** RE: Claim by )nese ing stamps MICHAEL JOHN BOADA ) R 191988_ Against the COUNTY OF CONTRA COSTA) *T. Lor DISTRICT) CLEF1 In name A s " r The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 2 , 000 . 000 . 00 and in support of this claim represents as follows: T. iiTFien aid the damage or In3uzy occur? TGive exact date ana �iourT started late March of 1985 , on or about the 29th, in the mourning. 1. �iT�iere d��-tiFi'e �nmage or In3ury occurunty] Contra Costa County Jail, Martinez , CA, Contra Costa County. 3. How did the damage or ;n�ury occur? ZGive IuII aetalIs, use extra sheets if required) A fight between Claimant and another inmate while in the County jail. The County failed to give proper medical care and attention to injury. _. Khat partleular act or omiss�on on the part o� county or �istr�ct officers, servants or employees caused the injury or damage? Negligence. Because no one at the County jail would take Claimant to a physician or give appropriate medical care. (over) What are the �names ,of county or district officers, servants or' employees causing the damage or injury? I cannor recall names. --------- ---------T- --T-------------T------ - -- -- - ----------- 6. What damage or in3uries do you claim resu�te�? ZG�veul� extent of inj ies or damages claimed. Attach two estimates for auto damage Detached Retina to right eye (including complete loss of vision) 7. How was the amount claimed above computed? (Include the esti.mate� amount of any prospective injury or damage. ) Estimate. ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Dr. Leon; Walnut Creek Retina specialist Martinez County Hospital (they referred Claimant to. Dr. Leon) Stanford Medical Hospital Eye Clinic U. S.F. Medical Center- Eye specialists �S. List the expenditures you made on account of this accident or injury: DAT�£r....:..: .,.,...�.._... :_ .w.. -,.. ITEM AMOUNT Nov/Dec 1;985 -- Operation Insuance paid, >., : I do not konw amount. 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 4 AUGUST J. GINOCCHIO Claimant's Signature Attorney at law 721 Harvard Drive 49 Quail Court, Suite 200 Address Walnut Creek, CA 94596 Pleasant Hill, CA 94523 Telephone No. (415) 945-8711 Telephone No. (415) 945-8711 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. "