HomeMy WebLinkAboutMINUTES - 04261988 - 1.6 CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
r
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ap r i 1 26 , 1938
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Codi '
Zt
Amount: $1, 000 , 000, 000 . 00 Section 913 and 915.4. Please note all "Warnings/1.� TO
CLAIMANT: RICHARD ROLLINS ETALcq ti 191
c/o Leroy Hersh �riti ��
ATTORNEY: 601 Van Ness Ave. #2030
San Francisco , CA 94102-6388Date received March 25 , 1988
ADDRESS: BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: March 24, 1988
Certified P 216 628 963
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
W, ,C�DATED: March 29 , 1988 JyJATCELORClerk
L gH ,: Deputy
L. • Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
(j/) 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: 4L/e,�/" /ly 'X BY: 7" i i'% C%" 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
( WThis 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. p�
Dated: APR 26 MOW 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.
APR 2 8 198$ /
Dated: BY: PHIL BATCHELOR by G� M ty Clerk
CC: County Counsel County Administrator
s
LAW OFFICES OF
HERSH & HERSH
LEROY HERSH
NANCY HERSH A PROFESSIONAL CORPORATION TELEPHONE
JILL HERSH 2080 OPERA PLAZA AREA CODE 41 S
WES WAGNON 441-5544
DAN BOLTON 601 VAN NESS AVENUE
AMY ESKIN SAN FRANCISCO,CALIFORNIA 94102-6388
March 24, 1988 ('
RECEIVED
BY CERTIFIED MAIL MAR 2 ) 1988
PH!',It:TCHELOR
City Clerk CLERK S•°l,RC O';tUPITV!S°RS
puty
City of Antioch s T ° De
P.O. Box 130 1001
Antioch, California 94509
Re: Claim of Sandra Rollins and Richard Rollins
Dear Sir or Madam:
Enclosed please find an original and one copy of a Claim being filed on
behalf of my clients, Sandra Rollins and.Richard Rollins.
Please acknowledge receipt by signing on the second page of the copy
and returning to my office in the self-addressed, return envelope.
Thank you for your consideration.
V trul yours,
LeROY HE SH
LH:als
Enclosures
.i
Y
CLAIM AGAINST COUNTY OF CONTRA COSTA
Claimants' Names and Address: RECEIVED
Richard Rollins, Sandra Rollins
MAR 2 5 1988
Four Embarcadero Center Suite 380 PHU BATCHELOR
CLERK G. ARD Of SUPERVISORS
San Francisco, California 94111 Cori:.. TA co. De
puty I
Address To Which Notices Are To Be Sent:
Leroy Hersh
HERSH & HERSH
A Professional Corporation
Opera Plaza, Suite 2080
601 Van Ness Avenue
San Francisco, CA 94102-6388
Date, Place And Circumstances of Occurrence
Giving Rise To Claim:
On December 20, 1987 Sean Rollins, the son of claimants, died
in a residential fire which destroyed the premises at 805 Bluerock
Dr., Antioch, CA. The residence was consumed with such rapidity
that the child could not be removed therefrom.
Decedant's death was consciously caused by the tortious
conduct of the ounty of Contra Costa.
General Description of the Injuries. Damages. and Losses So Far As
Known As of the Date of this Claim:
Loss of care, comfort, security, affection,
and support.............................................................................$1.000.000.000.00.
Funeral and burial expenses . unknown at this time.
•.V
i
Name of Public Employees Causing Injuries and Damages:
The names of the Public employees causing the injuries and
damages are unknown to claimants at this time.
Dated: March , cQ</— , 1988
HERSH & HERSH
A Professional Corporation
By
Leroy Hersh
Acknowledgement and receipt of this document is hereby made this
day of March, 1988.
County of Contra Costa
' CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
e
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 26 , 1988
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $50 , 000 . 00 Section 913 and 915.4. Please note all "Warnings"tECOM
CLAIMANT: PRESCOTT JAY BOSVIELL ETAL MAR ',
c/o Kathleen B. Perkins � �988
ATTORNEY: Attorney at Law CoLwry
NW
1901 Railroad Ave. Date received MOr�'�CALIF.
ADDRESS: Pittsburg, CA 94565 BY DELIVERY TO CLERK ON March 25 , 1988
BY MAIL POSTMARKED: March 24, ' 1988
Certified P 481 538 383
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
March 29 , 1988 PPAIL BATCHELOR, Clerk /
DATED. B 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: ��1� ,,� /� � 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
( r ) 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 2 6 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: 'APR 2 8 1988 BY: PHIL BATCHELOR by �,��
eputy Clerk
CC: County Counsel County Administrator
i
KATHLEEN B. PERKINS
ATTORNEY AT LAW
1901 Railroad Avenue,Suite C 3470 Mt.Diablo Boulevard
P.O.Box 1577 Suite A-150
Pittsburg,CA 94565 Lafayette,CA 94549
(415)432-6456 (415)283-7938
March 24, 1988
RACE IVED
Mt\R 2 Reply to: Pittsburg
._
rr+'.EpTCNEIGR
F SUPRVIS'JRS
K BVi.R. C Sy,�,
De v
CLAIM AGAINST PUBLIC ENTITY
(Government Code Section 910)
TO: THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA:
PRESCOTT JAY BOSWELL (a minor) and ELLIOT RAY BOSWELL (a
minor) by and through their guardian ad litem, PIETER K.
WILLIAMS, hereby make a claim for personal injury, assault,
battery, intentional and negligent infliction of emotional
distress, general negligence, malice, oppression and intentional
tort for damages sustained by PRESCOTT JAY BOSWELL, a minor, and
his twin brother ELLIOT RAY BOSWELL, a minor:
1. The name and post office address of the claimants are:
PRESCOTT JAY BOSWELL and ELLIOT RAY BOSWELL
c/o PIETER K. WILLIAMS
535 Main Street, Suite 309
Martinez CA 94553
(Guardian Ad Litem)
2 . The post office address to which the persons presenting the
claim desires notices to be sent:
KATHLEEN B. PERKINS
Attorney at Law
1901 Railroad Avenue
PO Box 1577
Pittsburg, CA 94565
3. The date, place and other circumstances of the occurrence or
transaction which dive rise to the claim asserted:
On or about a date between January 25, 1988 and February
4, 1988, at the Juvenile Hall, 202 Glacier Drive, City of
Martinez, County of Contra Costa, State of California, Claimant
PRESCOTT JAY BOSWELL was injured due to strangulation by an
inmate at said facility. Said damage was caused, in whole or in
part, by negligent supervision, false imprisonment and/or
Claim Against Public Entity
RE: BOSWELL TWINS
March 24, 1988
Page Two
unlawful detention by the agents and employees of said facility
including, but not limited to, the employees and agents of the
Probation Department of Contra Costa County and the custodial
employees and agents at the Juvenile Hall Detention Center of
the County of Contra Costa.
The homeless minor, PRESCOTT JAY BOSWELL, was placed by the
Probation Department in Juvenile Hall following misdemeanor
complaint and pending a hearing in Dept. 12 scheduled 2/8/88.
Probation refused to place him in the home where he had been
residing with his twin brother; with the Eustis family in
Pittsburg, California, and instead placed this minor in a high-
risk setting at Juvenile Hall with aggressive and criminal
minors who were out of control, and with adult supervision that
was inadequate and/or unconcerned about the welfare of the
minor, PRESCOTT JAY BOSWELL, being detained within said
facility. It took four adults to overpower the minor who
attacked and strangled PRESCOTT J. BOSWELL, who was not provided
medical attention after suffering said strangulation. The
Eustis family was not notified nor was his brother, ELLIOT RAY
BOSWELL, notified that the incident had occurred. Additionally,
the Probation Department did not permit this minor to have any
visitors or phone calls until the Sunday prior to the hearing,
2/7/88. The hearing commenced 2/8/88.
The attorney for the minor, KATHLEEN B. PERKINS, went to see the
minor at Juvenile Hall on or about 2/4/88 and observed that the
entire white surface or globe of both of the minor's eyes was
bright orange/red from the strangulation causing trauma to the
vascular system, including the damage to the eyes. The attorney
then notified the Eustis family and the brother, who were
finally able to establish contact with the Probation Department
and obtain permission to visit the injurred minor.
Claimant PRESCOTT J. BOSWELL suffered from damages to his
physical well being as well as severe distress to his emotional
well being. He was placed in a hostile environment by the
Probation Department, was attacked and injurred while in this
environment and was then denied visitation or support by his
family and parent figures, Mr. and Mrs. Eustis. Claimant
PRESCOTT J. BOSWELL further suffered physical and emotional
damages due to the failure of the detaining facility to promtly
notify PRESCOTT's family and failure to seek medical attention
for claimant's injuries in a timely manner, if at all.
Claim Against Public Entity
RE: BOSWELL TWINS
March 24, 1988
Page Three
Claimant ELLIOT RAY BOSWELL suffered from severe emotional
distress and damages to his emotional well being due to the fact
that he felt his brother had been wrongly accused and was being
wrongly held at the juvenile facility. ELLIOT RAY BOSWELL
suffered further emotional distress from being denied the right
to visit his brother, PRESCOTT BOSWELL, detained at Juvenile
Hall, while ELLIOT knew that his brother needed the support of
his family and parent figures, Mr. and Mrs. Eustis. Being
denied the right to visit his brother, ELLIOT suffered
intentional infliction of emotional distress resulting in
further distress when ELLIOT learned that his brother., PRESCOTT
JAY BOSWELL had been "strangled" while in custody at the
aforementioned facilty.
4 . The amount claimed as of the date of the
presentation of this claim, is as follows:
PRESCOTT J. BOSWELL claims damages in the amount of
Sixty-Five Thousand and no/100 ($65, 000. 00) as of the date of
presentation of this claim for injuries and damages suffered as
a result of the action or failure to act by the employees and
agents of the County of Contra Costa as mentioned hereinabove.
ELLIOT RAY BOSWELL claims damages in the amount of Fifty
Thousand and no/100 ($50, 000. 00) as of the date of presentation
of this claim for damages suffered as a result of the action or
failure to act by the employees and agents of the County of
Contra Costa as mentioned hereinabove.
The computation of the amount claimed is based upon the
type and severity of the injury, including all general and
special damages proximately caused thereby.
DATED: March 24 , 1988
KATHLEEN B. PERKINS
Attorney for Claimants
1 PROOF OF SERVICE BY MAIL - CCP SECTION 1013 (a) , 2015.5
2 I declare that:
3 I am employed in the County of Contra Costa, California.
4 I am over the age of eighteen years and not a party to the
5 within entitled cause; my business address is 1901 Railroad
6 Avenue, Suite C, Pittsburg, California 94565.
7 On March 24, 1988, I served the attached CLAIM AGAINST A
8 PUBLIC ENTITY (GOVERNMENT CODE SECTION 910) on the below
9 mentioned parties, by placing a true copy thereof enclosed in a
10 sealed envelope with postage thereon fully pre-paid in the
11 United States mail at Pittsburg, California, addressed as
12 follows:
CERTIFIED MAIL
13 COUNTY OF CONTRA COSTA
CLERK OF THE BOARD OF SUPERVISORS
14 651 Pine Street
Martinez CA 94553
15
I declare under penalty of perjury that the foregoing is
16
true and correct, and that this declaration was executed on
17
March 24, 1988, at Pittsburg, California.
18 1
19
JENNIFER M. O'SULLIVAN
20
21
22
23
24
25
26
27
28
CLAIM 14
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 26 , 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: MARY F. YORK
P. O. Box 5356
ATTORNEY: Hercules , CA 94547
Date received March 24, 1988 hand del .
ADDRESS: BY DELIVERY TO CLERK ON
MAR N 51988 BY MAIL POSTMARKED: no envelope
COUNTY COUMR
AAARRNEZ_ QA-1-r..
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
March 25 1988 EVIL BATCHELOR, Clerk
DATED. SY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(k This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) 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: LtGt/� p2 s �q,Y� BY: Deputy County Counsel
11I. 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 2 6 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 8 1988 BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
CL1MM .TO: BOAiM OF' SUPERVISORS OF CONTRA C0§3_L8TrF44ppiicationto:
Instructions to ClaimantVerk of the Board
&s//'" Q sv..' A,/.0 G
Martinez,California 94553
A. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action. Claims relating to any other cause of action must be. .
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
B. Claims must be filed with the Clerk of the Board of 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
i:.ust be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of form.
****��*****,r#*,r*�►**�,r***•****��r*�,e***#*****e*�***wee*��*�w�*e**+�**err**e*
RE: Claim by )Reserved for Clerk's filing stamps
MARY F. YORK
)
RE
Against the COUNTY OF CONTRA COSTA) CSAR •N 4 1988.
2e
or DISTRICT)
(Fillin name ) cLER T r �oa as
e r..
The undersigned claimant hereby makes claim agains a oun y of Contra
Costa or the above-named District in the sum of $ 411010MONIMfti 'fry �gMo�rti7`
and in support of this claim represents as follows cv,Yh1^1
1. When did the damage or injury occur? (Give exact da a and hour)
December 20, 1987 in the morning and throughout the day
�._....� •_.... .-•'-T- ---- ----- •---------------------------------------------
2, anere did the damage or injury occur? (Include city and county)
.Detention facility, Martinez, Contra Costa Bounty
3. How did the damage or injury occur? (Give full details, use extra .
sheets if required)
Please see statement attached
—
-----=---------- — ------------------------------What particular acoromission ----------:-----
on the part of county or district
officers, servants or employees caused the injury or damage?
Statement attached
(over)
5. J What are the names of county -or district officers, servants or
employees causing the damage or injury? .
Deputies Kimball and Pasternk and other individuals, names unknown
6. What damage or injuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage) Severe back strain; severe re-injury to both wrists; cuntracted.viral,.
infection from cellmate; athlete's foot infection that nurses isefused to treat.
--------------------------------------------------------------------- --
7. How was the amount claimed above computed? (Include the estimate
amount of any prospective injury or damage. )
Medical still pending. The prognosis is not good. Lost ability to work at usual
occupation; and am having to attend law school to retrain because limited use of my
hands. Amount claimed $5,000,000.00
-------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Witness on F Module - Wendy Raeburn (released)
Witness on M Module - Name withheld on advice of attorney.
j
9. List tlpg expe�stures=•yyvu made—on account of this accident or injury:
DATES ITEM AMOUNT
Expenses still 'pentlin- ULdi al is ongoing and will continue indefinitely.
r �
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
Y
Claift,!)t, 5 Signature
P: 0. Box 5356
Address
Hercules, CA 94547
Telephone No. Telephone No.
f*,t**rr*,r#**e****�*****#�*,t*****�*******�twe**rr«,r�*+tom*****:**:*e#***s•*�t****�
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 br 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 ferny. "
STATEMENT
The events leading up to the incidents were as follows:
On Sunday , December 20 , 1987 , at approximately 9 : 00 a.m. i was
called into a conference by a mental health worker named Dean. I
didn 't know what it was about, but I am at this point assuming
that someone made a false report about me (not an unusual
situation in a jail ) .
I believe it must have been a false report because prior to this
on Friday I was assigned a celimate on F Module (women 's module )
named Michael Ann Johnson , caucasian, about forty years old.
Miss Johnson alleged she was "drying out" from herion addiction,
and I believe she also had a virus which I contacted from her and
haven 't been able to get rid of even with antibiotics from my
physician , Dr . Joseph Lahr. She first tried to extort money from
me , saying that she had none on the books and no way to get any
money . I refused. She then wanted to tell me her troubles , and
I told her I was very busy and she should ask to speak with the
mental health people. ( I was working on a Motion for Reduction
of Bail . ) She became belligerent and dumped her oatmeal on my
bunk. She then told a black woman I hardly knew that I had gone
to the deputy and reported that she that she (black woman) had
asked me for money, etc. I had not done this , but it made the
black woman furious , of course . The woman ha-? _ foul odor and
began vomiting and then vomited on my bunk Saturday night. I
asked to be removed from the room.
Sunday morning the deputy (dont know her name) changed my room,
yelling at me because "you can 't get along with anyone" . (Note:
none of the other inmates would have tolerated what I had to put
up with. )
I did not want to be removed to the M Module because the inmates
are locked down 23 hours per day and most of the inmates are
male, so I asked the deputy and mental health worker if we could
discuss it further . Instead , a senior deputy named Pasternk
grabbed my right arm and twisted it behind my back. The pain was
excruciating and I screamed, and started to fall , but Pasternk
either kicked or kneed me in the kidneys. Another male deputy
handcuffed my left wrist and began yanking on it. I was pleading
with them to stop because I have severe arthritis in my wrists
and they just laughed.
(Both my wrists were injured as a result of a mugging assault in
1984 ; and surgery to the right wrist left it very weak and easy to
sprain. All the deputies were aware of my wrist problem as I
frequently wore a brace and/or ace bandage on one or both
wrists. )
v j �
I was verbally harassed , humilated, beaten and dragged to the M
Module .
I was completely terrified, was not screaming and did not "say a
word when I was taken into the module. As punishment for being
too slow for them, they put me in the rubber room. They knocked
me down on the floor and chained my legs to the open sewer grate .
They twisted my arms and put them in leather cuffs above my head.
A few minutes after the other deputies left, Deputy Kimball came
into the room and put metal handcuffs on me that tightened if a
person moved at all . The cuffs almost cut the flesh in my arm
and lie would come in laughing and yell out, "I told you I 'd fix
you. "
I was left that way in severe pain for hours without any kind of
relief ( I think my right wrist was sprained once again) . When I
asked for an aspirin, Deputy Kimball only laughed and said I was
always whining and further that he didn 't like old women on
"his" module. (A previous roommate on M Module , Catherine
Oviatt, told me that had also made some bigoted remarks about my
allegedly being Jewish. )
At lunch time Deputy Kimball threw a lunch bag in the room and
refused to take the handcuffs off so that I could eat. I had to
use the bathroom and Deputy Kimball refused, saying that I could
use the drain in the room. He removed the handcuffs for a few
minutes but I couldn 't get my pants down because the chains were
on the drain. Consequently, I soiled my clothing and had to lie
in my own feces for another few hours while handcuffed with the
arms above my head . ( This is extremely painful for a person my.
age , 56 , with arthritis problems. )
Finally, a few minutes prior to shift change , Deputy Kimball put
me in an observation room. I asked to be allowed to take a
shower and have some clean clothes and he only laughed.
When the next deputy came on duty, he allowed me to take a shower
and lie ordered the module worker to get me some clean clothing.
(Some of the other inmates went up to the deputy and told him
what had happened and that I was.n 't making a sound. )
Points and Authorities
Treatment of Prisoners' - Penal Codes
Treatment of Prisoner [Pen. C. Sections 147 , 149 , 6881
No person charged with a public offense may be subjected, before
conviction, to any more restraint than is necessary for his
detention to answer the charge [Pen C Section 688 ] , and any
officer who is guilty of willful inhumanity or oppression toward
any prisorner under his care or in his custody is subject to fine
and removal from office [Pen C Sec . 147 ] .
Punishment of Prisoners [Pen C Sec. 673 ]
The use of corporal or unusual punishment on any jail prisoner ,
or person confined in a reformatory, state hospital , or any other
stare, county, or city institution is a misdemeanor, as is the
infliction of any treatment or the allowance of any lack of care
whatever which would injure or impair the health of the prisoner,
inmate, or person confined; and punishment by the use of a
straight jacket, gag , thumbscrew, shower bath or the tricing up
of a prisoner , inmate , or person confined is prohibited [ Pen C
673 ] .
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT April 26, 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: SHIRLEY J . BILL RECEIVED
c/o William J. Hooy. MAR 91988
Attorney: A Professional Law Corporation
3125 Clayton Road Floor 2 ten,
Address: Concord, CA 94519-2732 • _ 4WTINEZ CALIF.
Amount: $1G, 000,. 00+ By delivery to Clerk on March 28 , 1988 hand del .
Date Received:T7arch 28, 1988 By mail, postmarked on no envelo'De
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to 71ke Late Claim.
DATED: March 29 , 1933 PHIL BATCHELOR, Clerk, By ; / Deputy
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).
( 7 The Board should deny this Application to File Late Claim (Section 911.6).
DATED: VICTOR WESTMAN, County Counsel, By -'7� ,• f i % eputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
( /) This Application is granted (Section 911.6).
(v ) 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 2 6 19M PHIL BATCHELOR, Clerk, By e-Q--� Deputy
WARNING (Gov. Code 5911.8)
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 attormey, ru should do so immediately.
IV. FROM: Clerk of the Board T0: 1 County Counsel UT-County Administrator
Attached are copies of the above Application. We notifed the applicant of the 1
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.
DATED: APR 2 8 1988 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
RECE17CLERK P A A NT CONTRA COSTA COUNTY By
y
In the Matter of the Application )
for permission to File Late Claim )
of SHIRLEY J. HILL ) APPLICATION TO FILE
LATE CLAIM AGAINST
vs. ) PUBLIC ENTITY
CONTRA COSTA COUNTY )
1. Claimant SHIRLEY J. HILL ("claimant" ) hereby applies
to the CONTRA COSTA COUNTY, a political subdivision of the State of
California (the "public entity" ) for leave to present a claim
against that public entity pursuant to Section 911. 4 of the
California Government Code. _ --
2. The cause of action of claimant as set forth in her
verified claim against public entity attached hereto accrued on
August 20 , 1987 , appearing within one (1) year from the filing of
this application. Claimant previously served her claim upon
public entity on February 19, 1988 , less than six (6) months from
the date of the complained of incident.
3. Claimant ' s reason for delay in presenting her claim to
the public entity is as follows:
(a) Claimant ' s claim is timely made in that claimant
filed her claim not later than six (6) months after the date of the
wrongs complained of as is required by GovernmentCode , Section
911. 2. _-- —____--
(b) Assuming arguendo claimant late filed her claim,
claimant 's failure to timely present the claim was through
s mistake , inadvertence , surprise and excusable neglect and the
public entity should not be prejudiced by claimant ' s failure to
present it with in the time provided for in California Government
Code , Section 911. 2.
---------- -------------
In early November , 1987 , claimant by and
through her attorney, ROBERT J. HOOY, searched diligently to
determine whether the public entity had an ownership interest or
any interest in the property located at 9430 Fircrest Lane, San
Ramon, California 94583 , which is more commonly known as the San
Ramon National Golf Club. In an effort to determine the public
entity ' s ownership, claimant ' s attorney contacted the City of San
Ramon, the Contra Costa County Board of Supervisors, the Contra
Costa County Administrator ' s Office . Each of these entities
_1_
r r;;� rnr n n
`..:v U U UZ.,_w_
responded that they had no ownership interest or interest whatever
in the above-described property.
It was not until February 17, 1988 that
claimant ' s counsel learned that the public entity did , in fact ,
claim an ownership interest in property contained within the
boundaries of the San Ramon National Golf Club where claimant was
injured. To obtain this information, plaintiff ' s counsel
contacted the Contra Costa County Board of Supervisors , County
Redevelopment Agency, Contra Costa County Assessor 's Office ,
Contra Costa County Auditor Controller ' s Office , and the Contra
Costa County Administrator 's Office. However , none of these
entities indicated that the public entity claimed any interest
whatever in the above-described property. Claimant 's counsel
also contacted the Bay Area Rapid Transit District , Southern
Pacific Railroad, and the Metropolitan Transit Commission, but
each of these entities responded that they had no ownership
interest in the above-described property. Finally, on February
17 , 1988 , claimant ' s counsel first learned through PAUL GABEY, the
Division Head for the Contra Costa County Public Works Real
Property Section , that the public entity had purchased a hundred
foot wide strip of the land running through the middle of the San
Ramon National Golf Club.
Immediately thereafter , claimant ' s counsel
prepared for claimant ' s signature a Claim Against Public Entity,
which claim was signed by claimant and submitted to public
entities , including , but not limited to, the Contra Costa County
Board of Supervisors , Contra Costa County Counsel ' s Office , the
Contra Costa County Public Works Department , the Contra Costa
County Community Development Department . Additional filings
were attempted with the Contra Costa County Clerk ' s Office. The
problem was that noone claimant ' s counsel spoke with could
identify who the proper entity for service was to be for claimant ' s
Claim Against Public Entity.
The claimant ' s claim was denied by the Board of
Supervisors of Contra Costa County, California as governing body
of the County of Contra Costa on February 19 , 1988 , though
claimant 's attorney did not receive notice of the same until March
11 , 1988 .
(c) The public entity should be estopped from
taking refuge behind the Tort Claims_ Act in that claimant
attempted , in good faith and with diligence , to determine whether
the public entity claimed an ownership interest or any interest in
the above-described property. And , based upon representations of
representatives of the public entity, who stated public entity had
no ownership interest or interest whatever in the subject
property, claimant did not file her claim within 100 days of the
date claimant was initially injured .
Executed on March2-V, 1988, at Concord, California.
-2-
I declare under penalty of perjury under the Laws of the
State of California that the foregoing is true and correct , and , if
called as a witness , could testify competently thereto.
SH RLEY HILL
-3-
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT April 26 , 1988
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: DAVID G . HILL RECEIM
c/o William J. Hooy
Attorney: A Professional Law Corporation MAR ; 91968
3125 Clayton Road Floor 2
Address: Concord, CA 94519-2732 _ 00wTM
KUTI EZ
Amount: $10,-000. 00+ By delivery to Clerk on March 28 , 1958 hand del .
Date Received:March 23 , 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 t F e to Claim.
DATED: 14arch 29, 1988 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).
G The Board should deny this Application to File Late Claim (Section 911.6).
DATED: /, i / / ' VICTOR WESTMAN, County Counsel, By ���� /�l�l� uty
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.
APR 26 M8 �-
DATE: PHIL BATCHELOR, Clerk, By Deputy
WARNING (Gov. Code 3911.8)
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 attorney, 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.
DATED: APR 2 8 t9� 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
't
y
RE VE
R N 31988_
CONTRA COSTA COUNTY CLEA NT EP 1SOAS
By
In the Matter of the Application )
for permission to File Late Claim )
of DAVID G. HILL ) APPLICATION TO FILE
LATE CLAIM AGAINST
VS. ) PUBLIC ENTITY
CONTRA COSTA COUNTY )
1. Claimant DAVID G. HILL ("claitrjant" ) hereby applies to
the CONTRA COSTA COUNTY, a political subdivision of the State of
California (the "public entity" ) for leave to present a claim
against that public entity pursuant to Section 911 . 4 of the
California Government Code. _._. ~-
2. The cause of action of claimant as set forth in his
verified claim against public entity attached hereto accrued on
August 20 , 1987 , appearing within one (1) year from the filing of
this application. Claimant previously served his claim upon
public entity on February 19 , 1988 , less than six (6) months .from
the date of the complained of incident.
3. Claimant ' s reason for delay in presenting his claim to
the public entity is as follows:
(a) Claimant ' s claim is timely made in that claimant
filed his claim not later than six (6) months after the date of the
wrongs complained of as is required by Government Code , Section
911. 2.
(b) Assuming arguendo claimant late filed his claim,
claimant 's failure to timely present the claim was through
mistake , inadvertence , surprise and excusable neglect and the
public entity should not be prejudiced by claimant ' s failure to
present it with in .the time provided for in California Government
Code, Section 911. 2.
----------- ----------
In early November , 1987 , claimant by and
through his attorney, ROBERT J. HOOY, searched diligently to
determine whether the public entity had an ownership interest or
any interest in the property located at 9430 Fircrest Lane , San
Ramon, California 94583 , which is more commonly known as the San
Ramon National Golf Club. In an effort to determine the public
entity' s ownership, claimant ' s attorney contacted the City of San
Ramon, the Contra Costa County Board of Supervisors , the Contra
Costa County Administrator ' s Office . Each of these entities
-1- ,•,,)�F,n^nn n n
i
responded that they had no ownership interest or interest whatever
in the above-described property.
It was not until February 17, 1988 that
claimant ' s counsel learned that the public entity did , in fact ,
claim an ownership interest in property contained within the
boundaries of the San Ramon National Golf Club where claimant was
injured. To obtain this information, plaintiff 's counsel
contacted the Contra Costa County Board of Supervisors , County
Redevelopment Agency, Contra Costa County Assessor ' s Office ,
Contra Costa County Auditor Controller ' s Office , and the Contra
Costa County Administrator 's Office. However , none of these
entities indicated that the public entity claimed any interest
whatever in the above-described property. Claimant 's counsel
also contacted the Bay Area Rapid Transit District , Southern
Pacific Railroad, and the Metropolitan Transit Commission, but
each of these entities responded that they had no ownership
interest in the above-described property. Finally, on February
17 , 1988 , claimant ' s counsel first learned through PAUL GABEY, the
Division Head for the Contra Costa County Public Works Real
Property Section , that the public entity had purchased a one
hundred foot wide strip of the land running through the middle of
the San Ramon National Golf Club.
Immediately thereafter , claimant 's counsel
prepared for claimant ' s signature a Claim Against Public Entity,
which claim was signed by claimant and submitted to public
entities , including , but not limited to, the Contra Costa County
Board of Supervisors, Contra Costa County Counsel ' s Office, the
Contra Costa County Public Works Department , the Contra Costa
County Community Development Department. Additional filings
were attempted with the Contra Costa County Clerk ' s Office . The
problem was that noone claimant 's counsel spoke with could
identify who the proper entity for service was to be for claimant ' s
Claim Against Public Entity.
The claimant ' s claim was denied by the Board of
Supervisors of Contra Costa County, California as governing body
of the County of Contra Costa on February 19 , 1988 , though
claimant 's attorney did not receive notice of the same until March
11 , 1988 .
(c) The public entity should be estopped from
taking refuge behind the Tort Claims_ Act in that claimant
attempted , in good faith and with diligence , to determine whether
the public entity claimed an ownership interest or any interest in
the above-described property. And , based upon representations of
representatives of the public entity, who stated public entity had
no ownership interest or interest whatever in the subject
property, claimant did not file his claim within 100 days of the
date claimant was initially injured .
Executed on March Z4/, 1988, at Concord , California .
-2-
I declare under penalty of perjury under the Laws of the
State of California that the foregoing is true and correct , and , if
called as a witness, could testify competently thereto.
-3-
REffrvE
P A ME
CLR HEM
CONTRA COSTA COUNTY
LLE
. .. .c.,.. .. (.. : 4.
In the Matter of the Application )
for Permission to File Late Claim ) DECLARATION OF ROBERT
of DAVID G. HILL and SHIRLEY HILL ) J. HOOY IN SUPPORT OF
APPLICATION TO FILE
VS . ) LATE CLAIM AGAINST
PUBLIC ENTITY
CONTRA COSTA COUNTY )
I , ROBERT J. HOOY, declare that :'
1. I am an attorney duly licensed to practice law in the
State of California, and am a member in good standing of the State
Bar . I am currently one of the attorneys who represent Mr . DAVID
G. HILL and SHIRLEY J. HILL in this matter .
2. On November 9, 1987 , I telephoned the City of San
Ramon, the Contra Costa County Board of Supervisors , and the Contra
Costa County Administrator 's Office to determine whether any of
these entities or the entities each represented claimed an
ownership interest or any interest in the property located at 9430
Fircrest,Lane , San Ramon, California 94583, which is more commonly
known as the San Ramon National Golf Club. In response to each of
my calls, the person responding for the entity told me that the
entity had no ownership interest or interest whatever in the above-
described property. My calls were made less than 100 days after
August 20 , 1987 , the date Mr . HILL was first injured . My office
and Mr . and Mrs. HILL relied on the responses given by the persons
responding for the City of San Ramon , Contra Costa County Board of
Supervisors , and Contra Costa County Administrator ' s Office , and
did not file any claim at that time .
3. On February 17, 1988, I learned that Contra Costa
County did , in fact , claim an ownership interest in property
contained within the boundaries of the San Ramon National Golf Club
where Mr . HILL was injured . To obtain this information , I
contacted the Contra Costa County Board of Supervisors, the County
Redevelopment Agency, Contra Costa County Assessor ' s Office ,
Contra Costa County Auditor/Controller ' s Office , and the Contra
Costa County Administrator ' s Office . Initially, none of these
entities indicated that Contra Costa County claimed any interest
whatever in the above-described property. In addition , I also
contacted the Bay Area Rapid Transit District, Southern Pacific
Railroad , and the Metropolitan Transit Commission , but each of
these entities responded that they have no ownership interest in
the above-described property. Finally, on February 17 , 1988 , I
-1-
l� k
first learned through PAUL GABEY, the Division Head for the Contra
Costa County Public Works Real Property section , that Contra Costa
County had purchased a one hundred foot wide strip of land running
through the middle of the San Ramon National Golf Club in December ,
1986 .
4. Immediately thereafter , I prepared for Mr . and Mrs .
HILL' s signature a Claim Against Public Entity, which claims were
signed by Mr . and Mrs . HILL and submitted on February 19 , 1988 , to
the public entities , including, but not limited to, the Contra
Costa County Board of Supervisors , the Contra Costa County
Counsel, Contra Costa County Public Works Department, and the
Contra Costa County Community Development Department . True and
correct copies of these filings are attached hereto. Additional
filings were attempted with the Contra Costa County Clerk ' s
Office , the problem was that noone I spoke with could identify the
proper entity for service of Mr . and Mrs . HILL ' s claims against
Contra Costa County. Further , I checked the roster of public
entities maintained in the Contra Costa County Clerk ' s Office and
could f ind no f i ling whatever for Contra Costa County. It was not
until I spoke with counsel at Contra Costa County Counsel 's Office
that I learned that the Contra Costa County Board of Supervisors
was the purported proper entity to receive the HILLS ' claims
against Contra Costa County, a Political Subdivision of the State
of California.
Executed on March 28, 1988 , at Concord , California .
I declare under penalty of perjury under the Laws of the
State of California that the foregoing is true and correct , and , if
called as a witness, would testify competently and completely
thereto.
R — --b
BERL---HOOY
-2-
The Board of Supervisors Contra Ph1lBatchelor
Clerk otthe Board
end
Co
County Administration Building Costa unty Administrator
Co(415)646-2371
651 Pine St., Room 106 County
Martinez, California 94553
Tom Powers,1st District
Nancy C.Fanden,2nd District
Robert 1.Schroder.3rd District
Sunne Wright McPeak.4th District
Tom Torlakson 5th District
TO: David G. Hill
c/o William J. Hooy
A Professional Law Corporation
3125 Clayton Road Floor 2
Concord, CA 94519-2732
NOTICE TO CLAIMANT
(Of Late-Filed aim)
(Government Code Section 911 . 3)
(X) The claim you presented to the Board of Supervisors of
Contra Costa County, California, as governing body of the
X County of Contra Costa
and/or
District ,
on February 19 1988 is being returned to you herewith
because i was not presented within 100 days after the event or
occurrence as required by law. (See Sections 901 and 911 . 2 of
the Government Code . ) Because the claim was not presented
within the time allowed by law, no action was taken on the
claim.
Your only recourse at this time is to apply without delay
to the Board of Supervisors (in its capacity noted above) for
leave to present a late claim. (See Sections 911 . 4 to 912 . 2 ,
inclusive, and Section 946 . 6 of the Government Code . ) Under
some circumstances , leave to present a late claim will be
granted. (See Section 911 . 6 of the Government Code. )
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an attor-
ney, you should do so immediately.
TO BE FILLED IN BY THE CLERK OF THE BOARD ONLY IF APPLICABLE:
( ) Since a portion of your claim is not untimely, we are
retaining a copy of your claim for Board .action on that portion
of your claim which is not untimely.
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By:
Deputy Clerk
Date : March 9, 1988
RECVViro '
*FEB 19 1988.
cLEL A " on.
0 r . �7eaut
In the matter of the claim of ) BY'
DAVID G. HILL , ) CLAIM AGAINST PUBLIC
ENTITY
Vs . )
o )
CONTRA COSTA COUNTY, A Political )
Subdivision of the State of )
California . )
DAVID G. HILL ("claimant" ) presents his claim to CONTRA
COSTA COUNTY , A Political Subdivision of the State of California
(the "Public Entity" ) pursuant to Section 910 of the California
Government Code .
1. The post office address of claimant is as follows :
DAVID G. HILL, 466 E1 Caminito, Livermore, California 94550.
2. The post office address to which claimant desires
notice of this claim to be sent is as follows : Mr . DAVID G. HILL,
c/o WILLIAM J. HOOY , A Professional Law Corporation , 3125 Clayton
Road , Second Floor, Concord, California 94519-2732.
3. The date , place , and other circumstances of- the
occurrence which gave rise to the claim asserted are as follows:
On August 20 , 1987 , at approximately 5: 15 p.m. , claimant suffered
injuries at 9430 Fircrest Lane , San Ramon, California 94583 , and ,
more particularly, at the western side of the cement golf cart
path , running perpendicular to the old Southern Pacific Railroad
train bed , and resting between the second and third holes at San
Ramon National Golf Club. At said time and place , claimant
slipped on the cement downslope , which constituted a dangerous
condition in that it was a condition of property that created a
substantial risk of injury when , as here , such property was used
with due care in a matter in which it was reasonably foreseeable
that it would be used. Claimant then fell and sustained severe
injuries to his leg and knee, which injuries were the direct and
proximate result of the negligence of Public Entity . Claimant is
informed and believes that the dangerous condition was created by a
negligent act or omission of Public Entity ' s employee or employees
who acted within the scope of their employment , or the Public
Entity had actual or constructive notice of the dangerous
condition a sufficient time prior to the time of the accident so
that measures could have been taken to protect against the
dangerous condition.
4. A general description of the injury, damage or loss
received, so far as known at the time of presentation of this claim
is as follows : At the time of the accident , claimant sprained his
-1-
knee and broke his femur in six places. Treatment of the injury
required a brace and plate secured by six screws , which remains in
place. Claimant is still recuperating from the injuries , and ,
more particularly, claimant is and may still require additional
surgery. Specifically, the damages known presently include the
following :
a . Medical Expenses - Claimant employed physicians and
incurred hospital and medical expenses , the exact amount of which
are unknown. Claimant is , however , advised of bills for
hospitalization are over $21, 000 , and , with doctor and related
bills , the total is over $25 , 000 .
b. Future Medical Expenses - Claimant expects to incur
further expenses for treatment of his leg and knee injuries . The
amounts and nature of such expenses are unknown at this point .
C . Permanent Disability - Claimant ' s leg injuries are
not yet healed , so there is no way to estimate the nature and extent
of his disability relative to that . It suffices to say, claimant
presently is unable to engage in the activities of life , including
sport and work, as he had done before the injuries . Claimant ' s
injuries have continued to heal, but an apparent long road to full
recovery, if at all , remains ahead of him.
d. wage Loss - Between the injury date and December 1,
1987 , claimant ' s injuries prevented him from working . His rate of
pay was and is approximately $38 , 500 per year . Claimant used 'sick
time he had accumulated in place of salary he would have otherwise
earned .
e . General Damages - Claimant has sustained mental and
physical pain, anguish, stress, depression, embarrassment,
fatigue and related injuries connected with his leg and knee
injuries . Claimant ' s general damages continue to grow and mount.
5. The name or names of the public employer or employees
causing the injuries , damage or loss are as follows: These are
unknown to claimant at present. They would , however , be the
Public Entity 's employees or agents. There may be others whose
actions or inactions contributed to the problem, these are ,
however , best known to Public Entity.
6. The amount claimed as of date of presentation of this
claim, including the estimated amount of any perspective injury,
damage , or loss exceeds $10 , 000 . Claimant also states that the
jurisdiction over his claim would rest in Superior Court .
Executed on February 19, 1988 , at Livermore , California .
I declare under penal=y of perjury under the Laws of the
State of California that the f ding is and 'c? ect .
D. G.
-2-
CERTIFICATE OF PERSONAL
SERVICE
I hereby certify as follows :
I am over the age of 18 years . I am an employee for the Law
Offices of WILLIAM J. HOOY and am not a party to the above-entitled
action . My business address is 3125 Clayton Road , 2d Floor , Concord ,
California 94519 .
Iserved the foregoing CLAIM AGAINST PUBLIC ENTITY on :
CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
651 Pine Street
Martinez , CA 94553
By personally delivering a copy of the same to each of the above at
their respective offices on February 19 , 1988.
I declare under penalty of perjury that the foregoing is true and
correct.
DATED : February 19 1988 .
.. ..
BY
SCOTT KRESS
' -1-
Phil Batchelor
The Board o1 Supervisors Contra Clerk of the Board
and
County Administration Building Costa County Administrator
Co(415)646-2371
651 Pine St., Room 106 County
Martinez, California 94553
Tom Powers.tst District
cE
Nancy C.Fshden.2nd District
Robert 1.Schroder.3rd District
Sunne Wright McPeak.4th D shici
Tom Twlakson.51h District
tr4 6i`41
TO: Shirley J. Hill
c/o William J . Hooy
A Professional Law Corporation
3125 Clayton Road Floor 2
Concord, CA 94519-2732
NOTICE TO CLAIMANT
(Of Late-Filed Claim
(Government Code Section 911 . 3)
(X) The claim you presented to the Board of Supervisors of
Contra Costa County, California, as governing body of the
X County of Contra Costa
and/or
District ,
on February 19 , 1988 is being returned to you herewith
because it was not presented within 100 days after the event or
occurrence as required by law. (See Sections 901 and 911 . 2 of
the Government Code. ) Because the claim was not presented
within the time allowed by law, no action was taken on the
claim..
Your only recourse at this time is to apply without delay
to the Board of Supervisors (in its capacity noted above) for
leave to present a late claim. (See Sections 911 . 4 to 912 . 2 ,
inclusive , and Section 946 . 6 of the Government Code . ) Under
some circumstances , leave to present a late claim will be
granted. (See Section 911 . 6 of the Government Code . )
You may seek the advice of an attorney of your choice in
connection with this matter. If you desire to consult an attor-
ney, you should do so immediately.
TO BE FILLED IN BY THE CLERK OF THE BOARD ONLY IF APPLICABLE:
( ) Since a portion of your claim is not untimely, we are
retaining a copy of your claim for Board action on that portion
of your claim which is not untimely.
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By:
DeputyClerk -
Date : March 9, 1988
REC 1(i
fi� FEB 19 1988_
C EIA, cHE OFh
K F T VISORS
In the matter of the claim of ) ay ' " ..
SHIRLEY J. HILL, ) CLAIM AGAINST PUBLIC
ENTITY
VS . )
CONTRA COSTA COUNTY, A Political )
Subdivision of the State of )
California . )
SHIRLEY J. HILL ("claimant") presents her claim to CONTRA
COSTA COUNTY , A Political Subdivision of the State of California
(the "Public Entity" ) pursuant to Section 910 of the California
Government Code .
1. The post office address of claimant is as follows :
Mrs . SHIRLEY J. HILL , 466 E1 Caminito, Livermore , California
94550 .
2. The post office address to which claimant desires
notice of this claim to be sent is as follows : Mrs SHIRLEY J. HILL ,
c/o WILLIAM J. HOOY , A Professional Law Corporation , 3125 Clayton
Road, Second Floor , Concord, California 94519-2732.
3 . The date , place , and other circumstances of the
occurrence which gave rise to the claim asserted are as follows :
On August 20 , 1987 , at approximately 5: 15 p.m. , claimant ' s
husband , DAVID G. HILL ("claimant 's husband" ) , was injured at 9430
Fircrest Lane , San Ramon, California 94583 , and , more
particularly, at the western side of the cement golf cart path
running perpendicular to the old Southern Pacific Railroad train
bed, and resting between the second and third holes at San Ramon
National Golf Club. At said time and place , slipped on the cement
downslope , which constituted a dangerous condition it that it was a
condition of property that created a substantial risk of injury
when , as here , such property was used with due care in a matter in
which it was reasonably foreseeable that it would be used .
Claimant' s husband then fell and sustained severe injuries to his
leg and knee , which injuries were the direct and proximate result
of the negligence of Public Entity. Claimant is informed and
believes that the dangerous condition was created by a negligent
act or omission of Public Entity ' s employee or employees , who acted
within the scope of their employment , or Public Entity had actual
or constructive notice of the dangerous condition a sufficient
time prior to the time of the accident so that measures could have
been taken to protect against the dangerous condition.
4. A general description of the injury, damage -:r loss
received, so far as i:nown at the time of presentat:--n o tyis .laim
-1-
is as follows : At the time of the accident , claimant ' s husband
sprained his knee and broke his femur in*six places. Treatment of
the injury required a brace and plate secured by six screws , which
remains in place. Claimant ' s husband is still recuperating from
the injuries , and , more particularly, claimant ' s husband is and
may still require additional surgery. Much of the burden for
claimant ' s husband ' s care has fallen on the claimant .
Specifically, the damages known presently include the following :
a. General Damages - Since claimant ' s husband was
injured , his condition and abilities ranged from complete
dependence upon me to a lesser state of dependence that now exists .
His injury turned claimant ' s life upside down. While claimant
doesn ' t object to caring for claimant ' s husband, claimant has
suffered , and is reasonably certain to suffer in the future , loss
of claimant ' s husband ' s love , companionship , comfort , affection ,
society, solace and moral support . As well, claimant has lost his
sexual companionship , and his physical assistance in the operation
and maintenance of the home. Equally, claimant may well have to
face the further upheaval of having claimant 's husband
hospitalized and surgically treated further for his injuries .
Claimant dreads this particularly, since claimant ' s husband had
been such a good and healthy companion before all of this took
place .
5. The name or names of the public employer or employees
causing the injuries , damage or loss are as follows: These are
unknown to claimant at present . They would , however , be- the
Public Entity ' s employees. There may be others whose actions or
inactions contributed to the problem, these are , however , best
known to Public Entity.
6 . The amount claimed as of date of presentation of this
claim, including the estimated amount of any perspective injury,
damage , or loss exceeds $10 , 000 . Claimant also states that the
jurisdiction over his claim would rest in Superior Court.
Executed on February !j, 1988 , at Livermore , California.
I declare under penalty of perjury under the Laws of the
State of California that the foregoin is true and correct .
2
9- 4
SHIRLEY J. iAILL
-2-
4
CERTIFICATE OF PERSONAL
SERVICE
I hereby certify as follows:
I am over the age of 18 years . I am an employee for the Law
Offices of WILLIAM J. HOOP and am not a party to the above-entitled
action . My business address is 3125 Clayton Road , 2d Floor , Concord ,
California 94519 .
I served the foregoing CLAIM AGAINST PUBLIC ENTITY on :
CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
651 Pine Street
Martinez , CA 94553
By personally delivering a copy of the same to each of the above at
their respective offices on February 19, 1988.
I declare under penalty of perjury that the foregoing is true and
correct.
DATED : February 19 1988 .
By
SCOT KRESS
' -1-
f
CERTIFICATE OF _PERSONAL SERVICE
I hereby certify as follows:
` I am over the age 'of 18 years. I am an employee
for the Law Offices of WILLIAM J. HOOP and am not a party to
the above-entitled action. My business address is 3125 Clayton
Road, Concord, California 94519.
I served the foregoing DECLARATION OF ROBERT J. HOOY IN
SUPPORT OF APPLICATION TO FILE LATE CLAIM AGAINST PUBLIC ENTITY
on:
CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
651 Pine Street
Martinez, CA 94553
By personally delivering a copy of the same to each of the above
at their respective offices on March 28. 1988
I declare under penalty of perjury that the foregoing is true
and correct.
DATED: March 28, 1988 at Concord, California.
Law Offices of WILLIAM J. HOOY
By
KATHY HALL
MENDED 14
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 26 , 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 , 178 . 00 Section 913 and 915.4. Please note allR'W�Cpjp�".
CLAIMANT: BRAY, EGAN, BREITWIESER AND COSTANZA eGE1V�D
736 Ferry Street APR 1 S 1983
ATTORNEY: Martinez, CA 94553-1697 COWA,
Date received NARTIIM gape.
ADDRESS: BY DELIVERY TO CLERK ON April 12 , 19.88 CC
BY MAIL POSTMARKED: no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
April 14 1988 PpHHIL BATCHELOR, Clerk
DATED: p BY: Deputy
E Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
�yl�,•.;r7<< t ';
( This claim-complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: ;� f l��l '� `I�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).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
�s�i��Dap
(� 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.
S,
Dated: APPHIL 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 Postai Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown abov .
1�p t2
Dated: nr R V BY: PHIL BATCHELOR by De ty Clerk
CC: County Counsel County Administrator
•ti Reply to—736 Ferry Street,Martinez,California 94553-1697 (415)228-2550
BRAY
EGAN
BREITWIESERREC E E
D
.COSTANZA 1 �ggg
A Professional Corporation
ATTORNEYS AT LAW E4_ RS
A.F.BRAY,JR. P gA P
CLIFFORD A.EGAN
RICHARD J.BREITWIESER CL
ANGELO J.COSTANZA County Counsel
PAUL D LeVEOUE g
OLIVER W.BRAY
JOHN B.BALDWIN(1915-1966) APR,0 5 1988
April 4, 1988
Martinez, CA 94553
Mary Ann McNett
Deputy County Counsel
Post Office Box 69
Martinez, CA 94553
Re: Claim of Bray, Egan, Breitwieser & Costanza
Dear Ms. McNett:
In response to your Notice of Insufficiency dated March
25 , 1988 , I am including the enclosed Amendment. Should you have
further questions regarding this, do not hesitate to contact me.
Very truly s,
v
A. F. RAY, J
AFB/wlb
By Appointment Only By Appointment Only
WALNUT CREEK OFFICE MORAGA OFFICE
1850 Ml.Diablo Blvd.,Suite 660 370 Park Street,Suite 11
Walnut Creek,CA 94596 Moraga,CA 94556
(415)932-3668 (415)376-1770
BRAYReply to—736 Ferry Street,Martinez,California 94553-1697 (415)228-2550
EGAN
BREITWIESER
GOSTANZA
A Professional Corporation
ATTORNEYS AT LAW AMENDMENT TO CLAIM OF
A.F.BRAY,JR. BRAY, EGAN, BREITWIESER & COSTANZA
CLIFFORD A EGAN
RICHARD J.BREITWIESER
ANGELO J.COSTANZA
PAUL D.LeVEOUE
OLIVER W.BRAY
JOHN B.BALDWIN(1915-1966)
TO: THE HONORABLE BOARD OF SUPERVISORS
OF THE COUNTY OF CONTRA COSTA
COURT AND ESCOBAR STREETS
MARTINEZ, CALIFORNIA 94553
Dear Ladies and Gentlemen:
A. F. Bray, JR. , hereby declares that:
He is one of the attorneys of the law firm of Bray, Egan,
Breitwieser and Costanza who previously made a claim against the
County of Contra Costa in connection with the Conservatorship of
Audrey M. Murray, Contra Costa County Probate Action #69025 .
In response to the request by the Office of the County
Counsel of Contra Costa County, and a fact verified by court records,
in the Conservatorship of Adurey M. Murray, #69025 , this law firm
filed its request for attorney' s fees on February 8, 1988. It was not
until a letter was received from the attorney for the Guardianship in
the State of Washington, which letter was dated February 22, 1988 and
received February 26 , 1988 that your declarant was aware that the
Public Guardian of Contra Costa County had transferred the Murray
Conservatorship assets to said Washington State attorney, without an
account, without authority, and without notice.
A letter from the Public Guardian of Contra Costa County
which was received by your declarant on the 4th of March, 1988 ,
included a copy of an Ex Parte Order dated March 1, 1988 indicating
the termination of the Conservatorship. It is interesting and
inconsistent that the Public Guardian , though claiming the
Conservatorship was terminated, is seeking belatedly an order for the
approval of an untimely accounting.
WHEREFORE, the claim heretofore submitted is amended to
include the foregoing information.
Declared under penalty of perjury under the laws of the
State of California, at Martinez, California, this 4th day of April,
1988.
c
By Appointment Onlyy
WALNUT CREEK OFFICE A. F• Y, JR. MORAGA OFFICE
1850 Mt,Diablo Blvd.,Suite 660 370 Park Street,Suite 11
Walnut Creek,CA 94596 Moraga,CA 94556
(415)932-3668 (415)376-1770
BRAYReply to—736 Ferry Street,Martinez,California 94553-1697 (415)228-2550
EGAN
'BREITWIESER
COSTANZA RE
A Processional Corporation /� t t n R j 7 �99
cv
ATTORNEYS AT LAW O/ k`IA
A.F.BRAY,JR. �'
CLIFFORD A.EGAN
RICHARD J BREITWIESER ►FII Lgp,
ANGELO J.COSTANZA CLERK BOPAUL D.LeVEOUE CON VISORS
JOINER W BRAY B =
JOHN B.BALDWIN(191x1966)
CLAIM
TO: THE HONORABLE BOARD OF SUPERVISORS
OF THE COUNTY OF CONTRA COSTA
COURT AND ESCOBAR STREETS
MARTINEZ, CALIFORNIA 94553
Dear Ladies and Gentlemen:
Claim is hereby made for payment of the sum of $3 , 178. 00
as attorney ' s fees awarded in the Conservatorship of Audrey M.
Murray, Contra Costa County Probate #69025 on March 8, 1988 to Bray,
Egan, Breitwieser and Costanza. The Public Guardian of the County of
Contra Costa was appointed temporary Conservator in this matter, and
without filing an accounting, giving a notice or being authorized to
do so, transferred the funds of this Conservatorship to a Guardianship
in the State of Washington, thereby eliminating funds with which the
court ordered fees could be paid. As indicated, this transfer of
funds was without legal basis, authorization, direction by the court,
or upon notice to this office.
WHEREFORE, claim is made for the sum of $3 , 178. 00 for
payment to this office in accordance with the court order dated March
8 , 1988 , in the Conservatorship of Audrey M. Murray, Contra Costa
Action #69025 , a copy of which is attached.
Declared under penalty of perjury under the laws of the
State of California, at Martinez, California, this day of March,
1988.
A. F. RAY, JR.
By Appointment Only By Appointment Only
WALNUT CREEK OFFICE MORAGA OFFICE
1850 Mt.Diablo Blvd.,Suite 660 370 Park Street,Suite 11
Walnut Creek,CA 94596 Moraga,CA 94556
(415)932-3668 (415)376-1770
131ZAY , F.GAN , BREITWIESER A. COSTANZA
A PPOrnSSIONAL CORPORATION
ATTORNKYS AT LAW
WARD AND FERRY STREETS
MARTINEZ , CALIFORNIA 94553
FJ.1-J1ii0NE (4220-2550 [13'1 151L!
4 ATTORNEYS FOR CONSERVATOR MAR 81988
By
7
IN TEE SUPERIOR COURT OF THE STATE OF' CALIFORNIA
IN AND FOR THE COUNTY Or CONTRA COSTA
Tn re the matter of the Conservator-
10 ship of the Person and Estate
11 Of No . 69025
12 AUDREY M. MURRAY,
Conservatee . ORDER FOR ATTORNEY' S FEES
/AND COSTS AND TERMINATION OF
14 SERVICES
15
16 The Peti Lion for Attorney ' s Fees and Costs and
17 Termination of Services on behalf of BRAY, EGAN, BREITWASER &
18 COSTANZA, having come on regularly for hearing this 8th day of
19 March , A . F . BRAY , JR . , being present in court , and no
20 opposition being presented , the court being fully advised of
21 the premises , and good cause appearing therefor :
12 IT IS HEREBY ORDERED, that BRAY, EGAN, BREITWIE-7), ER and
2*3 COSTANZA , be a-vthe sum of f as and for
24 � attorney ' s fees .in connection with the representa Lion of the
I
25 Conservatee in the above named matter , and the further sum of
51 . -il) for costs expended, and the termination of the services
27
28
1
f of Uie said 1 RAR, EGAN, 131.MITWIESL;R and COSTANZA are herewith
der, i.ica Led.
DONE IN OPI_:N CODUT this Of "yrrch , 1988 .
5
i
G `I' LLPE.1?TOR OU RT
<I
1 ]
12
13
14 `
1.5 �
16
17
1.5
19
20
21
2
2.3
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25
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