HomeMy WebLinkAboutMINUTES - 04051988 - 1.24 CLAIM f
BOARD OF SUPERVISORS OF CONTRA COSTA COtlNTY, CALIFORNIA
Claim Against the County, or District governed by) HOARD ACTION
April 5 , 1
the Board of Supervisors. Routing Endorsements, ) NOTICE TO CLAIMANT 9 e of
$
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $1 , 650 approx. Section 913 and 915.4. Please note all •Warnings".
CLAIMANT: EDWIN JAMES WRIGHT
#4 Fountainhead 'Court
ATTORNEY: Martinez , CA 94553
County Counsel Date received March 1 , 1938 Risk manage.
ADDRESS: BY DELIVERY TO CLERK ON
MAR,,0 2 1988 BY MAIL POSTMARKED: no envelope
Martinez, CA 94553
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IL gATCOELOR, Clerk
DATED: March 2, 1988 : Depu y
L. Hall
1I. FROM: County Counsel TO: Clerk of the Board of Supervisors
( This claim complies substantially with Sections 910 and 910.2.
{ ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
{ ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: * al-i'( t l Y BY: ' 1 �� 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
(X) 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 5 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 anvil 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 $ 19v$ BY: PHIL BATCHELOR b Z. Lv-/�/Z��— puty Clerk
CC: County Counsel County Administrator
'CLAIM TO: BOARD OF*;UPF:RVISORS 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 ) Rese ,re g stamps
RECEIVED 4�
yF(*,wijraJAI yCran Cr- Mrti X72- 1At-1 , MAR 1 19va.
Against the COUNTY OF CONTRA COSTA) V.5 5 �.m
KPHIL 84 HN
or DISTRICT) CLE R 1 0IA F i RVISW.
Fill in name) JA Dewty
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ f 66S-U ss" Wpeox
and in support of this claim represents as follows:
------------7--------------------------------------------
--.--Wh-en--d-ithe damage or injury occur? (Give exact date and hour)
2=2 _ - 6 ------------------------------------
2. Where did the damage or injury occur? (Include city and county)
3. How did the damage or injury occur? (Give full details, use extncra
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
'bmployees causing the damage or injury?
;EMp. DpIL)rn. VjVrVT SPAZVAIc EV(16L1i'Id 6. What damage or injuries do. you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage)
£Le-C7.
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
C
_LIQ.T�23— --1�J9�'lf3CxL—:_.Irc�x�s�ts�R__f R� — T:� NCLoScO
8. Names anti addresses, of witnesses, do�tors and hospitals. TJ�:bLL
_Q.1P1LM--(NLE0JLW.&-11-Q—A�---------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
r<S-7rMAI 1E# 33a. c�1
AT>~ SS
i 1, S y.
R�w7A z.
D�tt27rv� RI:pAtRs
r
.. i
Govt. Code Sec. 910.2 provides:
"The claim signed by the claimant
SEND JAttorne ) or by some person on his behalf. "
Name and Address of'.Attorney
Cla' ant' s Signature
Q r—OJNrA )NI-(EAo C'-T.
Address
�'►�181-7_. CA. 9ySS3
Telephone No. Telephone No. yrs) 3.72 - g( 30
**************************************************************************
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, isoguilty of a felony. "
ESTIMATE OF REPAIRS
HAYNES BUICK INC.
1290 Concord Av,.. P. O. Box 5158
°LIC` Body Shop-�•h.682-7100
CONCORD, CALIFORNIA 94524
PARTS PRICES SUBJECT TO INVOICE-DEDUCTIBLES MUST BE PAID BEFORE AUTO WILL BE RELEASED
NAME / ADDRESS DATE
MAKE OF VEHICLE YEAR TVP LICENSE NO' _MILEAGE SERIAL NO.(VIN NO.)
•A/' ._ '
INSURED BY ADJUSTER INS may' PHONE
HOME
r'L BUSINESS
Labor Labor Labor
SYM. • Hours PARTS SCM. Hours PARTS SYM. Hours PARTS
Bumper Fender Fender
Bumper Rail Fender Ornament Fender Ornament
Bumper Brkt. Fender Shield Fender Shield
Fender Mldg. Fender Mldg.
Bumper Gd. Headlamp Headlamp
Frt. System Headlamp Door Headlamp Door
Frame Sealed Beam Sealed Bea f
Cross Member Cowl Cowl
Door, Front /"' Door, Front r ' �� �j , a
Wheel Door Lock DOor"tVCR t.4-n4 L
Hub Cap Door Hinge Door Hinge
Hub& Drum Dour Glass Door Glass
Knuckle n' ^lass Vent Glass
Knuckle Sup. Door Mldg. Door Mldg.
Lr. Cont. Arm-Shaft Door Handle Door Handle
License Frame-Brkt. Center Post Center Pos A
Up. Cont. Arm-Shaft Door, Rear Door, Rear
Shock Door Glass Door Glass
Windshield Door Mldg. Door Mldg.
Rocker Panel Rocker Panel
Tie Rod Rocker Mldg. Rocker Mldg.
Steering Gear Sill Plate Sill Plate
Steering Wheel Floor Floor
Horn Ring Frame Frame
Gravel Shield Dog Leg Dog Leg
Park. Light Quar. Panel Quar. Panel '
Grille Quar. Mldg. Quar. Mldg.
Quar. Glass Quar. Glass
Fender, Rear Fender, Rear
Fender Mldg. Fender Mldg.
Fender Pad Fender Pad
Mirror Inst.-Panel
Horn Bumper Front Seat
Baffle, Side Bumper Rail Front Seat Adj.
Baffle, Lower Bumper Brkt. Trim
Baffle, Upper Bumper Gd. Headlining
Lock Plate, Lr. Gravel Shield Top
Lock Plate, Up. Lower Panel Tire
Hood Top Floor Tube
Hood Hinge Trunk Lid Battery
Hood Mldg. Trunk Lock A,' Paint
Hood Letters Trunk Handle U- I?ndercoa a
lis i
Ornament Tail Light Polish
Rad. Sup. Tail Pipe Misc. Materials
Rad. Core Gas Tank AUTHORIZATION FOR REPAIRS
Radio Antenna Frame You are hereby authorized to make the above
specified repairs. -
Rad. Hoses Wheel Signe
Fan Blade Hub&DrumLabor �irs. S
Fan Belt Back Up Lite Parts $ L y
Water Pump Wheel Shield Wrecker Service $
Motor License Frame—Brkt. Tax $ ~
Sublet $ V
A—Align N—New OH—Overhaul S—Straighten or Repair EX—Exchange RC—Rechrome U—Used $
This astimpte is based on lowest possible cost Gqn istenf with quality work, and as such, is TOTAL $ I 33Y-0
guarantee Items not covered by this estimate or hid�an will be additional.
it Jrnee14v1j fxue.neee"o ut.#W I Jnvr
Body& Fender Repairing & Painting-24 Hour Tow Service-Undersealing
1413 Carlback Ave. Phone 935-8870
WALNUT CREEK, CALIF. 94596
NAME " , AA? 1 ✓/ +tv � Z � DATE � ,!
ADDRESS PHONE
INSURED BY ADJUSTER PHONE
Labor 'Labor - Labor Labor Labor Labor
Sywbol FRONT s Hrs. Parts Symbol LEFT = Hrs. Parts Symbol RIGHT S Hrs. Parts
Bumper _
Bumper Brkt. Fender, Frt. �4ftj Fender, Frtd
Bumper G . Fe er re Fen erdie /
Frt.System Fender Mldg: Fender Midg.
_
Frame �1 Headlamp Heodlamp
Cross Member Headlamp Door Headlamp Door
Stabilizer Sealed Beam Sealed Beam
Wheel Cc..-I Cowl
Hub Cap Windshield Windshield
Hub & Drum Door, Front oor, Front
Knuckle e
Knuckle Sup. Door Hinge Door
Lr. Cont. Arm-Shaft Door Glass Door Oloss
Vent Glass Vent Glass
Up. Cont. Arm-Shaft Door Mldgs. oar MIdg. •,y
Shock Door Handle Dcar Handle
Spring Center Post Ce f
Tie Rod Door Rear
Steering Gear Door Glass Door Glass
Steering Wheel Doar Midg. Door Midg.
Horn Ring Rocker Panel Rocker PoneI
Gravel Shield Rocker Mldg. Rocker Mldg.
Park. Light Floor Floor
Frame Frame
Rad. Grille Dog Leg Dog Leg
Quar. Panel Quar. Panel
Quar. Midg. Quar. Mldg.
Quar. Glass Quar. Glass
Fender, Rear Fender, Rear
Nome Plate Fe,,Jer Midg. Fender Mldg.
Horn Fender Pad Ferrier Pad
_ Baffle, Side REAR MI SC.
Baffle, Lower Bumper Inst. Panel
Baffle, Upper Bumper Brkt. Front Seat
Lock Plate, Lr. Bumper Gd. Front Seat Adj.
Lock Plate, Up. Gravel Shield Trim
Hood Top Lower Panel Headlining
Hood Hinge Floor Top
Hood Midg. Trunk Lid Tire %r Worn
Ornament Trunk Light Tube
Rad. Sup. Trunk Handle Batter
Rad.Core Toil Light aint
Anti Freeze Toil Pipe _ _ Undercoat
Rad. Hoses Gas Tank _��• s7?.
Fan Blade Frame AlfTHORIZATION FOR REPAIRS
Fan Belt Wheel You are hereby authorized to make the above
Water Pump Hub & Drum specified repairs.
Motor Mts. Axle Signed
Clutch Linkage Spring GROSS PARTS -
.. ...7. DISCOUNT
NET PARTS S'3,
SALES TAX
s' f
MAK R STYLE L MOTOR NO. TOTAL LA BO /
SE IAL NO. LIC. NO. MILEAGE — GRAND TO
A-Align N - New ON -Overhaul S Straighten or repair
109-7204 NORICK OKLAHOMA CITY Material 5 iect to Price Change
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 1988
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Godes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $25 , 000- 00 Section 913 and 915.4. Please note all "Darnin s".
County C0unse?
CLAIMANT: A14THONY WILSON
C/o Joseph E. Canciamilla MAR,0 8 1988
ATTORNEY: Law Offices of Groff & Johnson Martinez, CA 94553
3105 Lone Tree Way #D Date received
ADDRESS: Antioch, CA 94509 BY DELIVERY TO CLERK ON March 4, 1988
BY MAIL POSTMARKED: March 3 , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IV
IL gATCHELOR, Clerk
DATED: March 8, 1988 : Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: 4:P -d4 BY: f 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).
1V. BOARD ORDER: By unanimous vote of the Supervisors present
(X) 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. o
Dated: APR 5 1988 PHIL BATCHELOR, Clerk,,By Deputy Clerk
DARNING (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 8 1988 BY: PHIL BATCHELOR by y Clerk
CC: County Counsel County Administrator
CLAIM.,TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Instructions to Claimant Return original application
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) , { .:.
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 thanone' 'public entity, separate claims
,dust 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
-ANTHONY WTLSON
Y .) RECEIVED
Against the COUNTY OF CONTRA COSTA; MAR 4j988
or DISTRICT) F - rA;cHeroa
(Filln name M ) CORK L ipA Oi sw��,softs
B ...
The•undersigned claimant hereby makes claim against Lne- Cowift.122.4100 Contra
Costa or the above-named District in the sum of 6 25, 000. 00
and in support of this claim represents as_ follaws: .
I. -Hfien-did-the damage or In3ury occur? ZGIve-exact bate ani fiouij~
12/10/87 2118 hour
aid-the damage or In3ury occur? ZIncluae c;ty ani county]
Lone Tree Way, Antioch, Contra Costa County, California
How did the damage or In3uiy occur? ZGive IuII aetaiIs, use extra
sheets if required) Mr. Wilson was injured when the vehicle he was a
passenger in collided with a Contra Costa County Sheriff' s Department .
patrol car. I .: ,.
r
I.--1iha-t peiticu'�ar act oi-omiss�on-on-t�i`e. part off-county oz-a�strct--
officers, servants or employees caused the injury or damage?
Deputy entered through highway yield to approaching traffic in
violation of 2180 Z (a) VC
(over)
5. W`3at are the names of county or district officers, servants or'
emplfyeep causing the damage or injury?
Steven 'Douglas Trojanowski
651 Pine Street
Martinez, CA 94553
6. What damage or injuries do you claim resulte3? ZGiveuli extent
of inj ries or damages claimed. Attach two estimates for auto
damage)Mr . Wilson sustained extensive facial abrasions & lacerations of the forehead, nose,
lips & chin Multiple abrasions & contusions & a possible concussion. He suffered on-going
pain for a few months & during this period of time was unavailable for employment.
7. How was the amount claimed above computed? (Includethe estimate
amount of any prospective injury or damage. ) MEDICAL BILLS, PAIN & SUFFERING,
LOSS OF TIME AVAILABLE FOR EMPLOYMENT.
--------------------------------------------------- --
g. Names and addregs s of �ttitnesges o�Lors and hospitals.
JAMES SANCHEZ, 1450 usan, Brentwood, CA jwo tness)
PABLO CARDOZA, 688 Indiana Ave. , Brentwood, CA (witness)
DELTA MEMORIAL HOSPITAL, 3901 Lone Tree Wy. , Antioch, CA
KARL RICHEY, M.D. , Delta Memorial Hospital, 3901 Lone Tree Wy. , Antioch, CA(treating doctor)
WALNUT CREEK RADIOLOGY MEDICAL GROUP, 3903 Lone Tree Way, 4107, Antioch, CA
- p--- ---------r----------------ITEM-------- --
List tie ex enditures -T--------T-T----
you made on account of this accident or injury:
DATE AMOUNT
12/10/87 Medical Treatment $1, 068. 96
12/10/•87 '"Regional Ambulance Inc. 256. 29
12/10/87 .. , y Walnut Creek Radiology 164 . 00
(X-Rays)
Govt. Code Sec. 910.2 provides :
"The._ aim signed by the claimant
SEND NOTICES TO: . {Attorney)-- or, b ome pprspi0n his behalf. "
Name and Address of Attorney _ kif
Joseph E. Canciamilla la iAxrTt s Signature
Law Offices of Groff & Johnson
31.05 Lone Tree Wall, Suite D 61 Village Drive
Address
Antioch, CA 94509 Brentwood CA 94513
Telephone No. (415) 757-8686 Telephone No. (415) 634-1005
*:•�**t*tt*t��**��*t*�#�����**�**:+tt�wf��►**�**:*�*t*�►�*�f*�:qtr*tt***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 or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony.
CLAIM
��T
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 A�x i 1 5 � 9 8 8
and Board Action. All Section references are to The copy of this document mailed to yo is your'no ice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $625 . 00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: CLIFFORD LEE WYATT County Counsel
1001 Blackwood Lane
ATTORNEY: Lafayette, CA 94549 MAR,n 6 1969
Date received art�neezz CA gd6c3
ADDRESS: BY DELIVERY TO CLERK ON M�''larca' 3 ; lRgFjLnd del .
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.
DATED: March 7 , 1988 JYIL BAATputyLOR, Clerk
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
(�) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: /
BY: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counse 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 5 1988 f �,�"Q�
Dated: PHIL BATCHELOR, Clerk, By � v 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, youshould 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 8 1988
BY: PHIL BATCHELOR by y Clerk
CC: County Counsel County Administrator
CLAIM TO: BOAKU Vr
t 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)
8. Claims must be filed with the Clerk of the board of Supervisors
at its office in Room 106, County Administration Building, 651 Pine
Street, Martinez, California 94553.
C. If claim is against a district governed by the Board of Supervisors#
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty, for fraudulent claims, Penal Code Sec. 72 at end
of this form.
tt�t+aR*ittf.*aw#a�t�t*irat+t,e:te*:a:i►�ttar::eats+ara*:,r•*t:�**�t,►rR�r*f�tt�tf*�titrr►*#(tit
RE: Claim by )Reserve stamps
r- RECEIVED
} �f MAR 3 1988.
Against the COUNTY OF CONTRA COSTA)
Or/ MAR
l AMI T LOR
or a l o �� f� �ISTRICT) ca. s R o P -
Fi inname) ) a ,4By
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:
I"` ien`aia-t�i`e`aame-e`or`�n u oc�:u`tT-- !-rr ! !rr
• g ry ZGsve exact aa`te ana Fiourj
*.' lfr1J Yom.. i ��..—�..i(—," —i.i —r wwr w w—w !!!l—l----w—w .w—a.!
�.
ere aid the damage or In ury occur? Zlnc1u3e city and eountyT
r�w—li ww �.1- lwlw! ..��----rwlw! i i.►i - - ww! ww---llwir�--r�
3. Bow aid the damage or rn3ury occur? �Gve �uSS +deta�Is, use extra
sheets if required)
Co . Co, (2-0 LL=A 7- `. r61q M E 7-6r rD
Z:"itFa"t`part
Icuar`act`or`om�`s"s�on`onthe`par"t off`coon"tyro='aistrIet
officers, servants or employees caused the injury or damage?
/19 !L) IV 0 T L,15 X'0_, Er >/
(over)
5. ''What are the- names of county or district officers, servants or'
employee's causing the damage or injury?
Y6 t)
AloV 016. what damage or in'uries do you claim resulted? ZGive dull extent
of injies or damages claimed. Attach two estimates for auto -
damager .. V�S"4 cmc a KN I v E�J,10 Cl-aTH E-S g 30
C -
R E, ���/E�- `
So `� �y�co "U.►v�ip
-------�- -- --------------------- �— -5e�_�rR ,jUO
--- -
7. How was the amount aabove computed? 7Include the estimated---
amount of an prospective injury or damage. )
GT_ of
7W E P--ST
a F o kr-H
--- ---------------
----------------- ----- - -------------------- --
B. Names and addresses of witnesses, doctors and hospltals.
�3. List t�e :expenditures yo�made on account of this accident or injury:
DATE . ITEM 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
11'qClaimant19 Signature
J Q o I 131A-e, r,)oo 6 I-IV
Add ess
1F [ .4
Telephone No. Telephone No.
�t�rrt*�r�*t+r*���*:**�f�:��*ire*�*��t�t*��*t**��rr�*:**w*��r�*R��*�:rte«*�:��r►**
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or
for payment to any state board or officer, ' or to any county, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
CLAIM /4/
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 5 , 19 88
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $1 , 100, 000 . 00 Section 913 and 915.4. PlettUnote ae, mrnirgs".
CLAIMANT: LAWRENCE SMITH MAR , 6 1988
c/o John L. Taylor
ATTORNEY: Taylor & Meadows Niartinez, %,A 94553
2121 N. Calfornia Blvd. #865Date received March 3 , 1988
ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: March 2 , 1988
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED:
March 7., 1938 Id?L BATCVEE,LOR, Clerk
epu
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
� ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other: _
Dated: BY: Deputy County Counsel
11I. FROM: Clerk of the Board TO: County Cours4l ) 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
(k) 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: A P R 5 1988 PHIL BATCHELOR, Clerk. By -G 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 8 1988 BY: PHIL BATCHELOR by
Z_�� uty Clerk
CC: County Counsel County Administrator
2 ECEMM
3 MAR 3 IM
4
ctin 0,4 04t
SUWMSL?fS
A.�-_0�141ACS�STACO.
5
6 THE MATTER OF THE CLAIM
OF LARRY D. SMITH,
7 AGAINST THE COUNTY OF
8
CLAIM FOR PERSONAL INJURY
9 AND EMOTIONAL DISTRESS
(GOVERNMENT CODE
10 SECTION 910)
11 TO THE BOARD OF SUPERVISORS:
12
Claimant LAWRENCE SMITH, presents a claim for damages In
13
14 the amourit of $1,100,000, estimated as of the date of
15 presentation of this claim. The following statements are
made in reference to this claim:
16
1. Notices concerning this claim should be sent to JOHN
17
L. TAYLOR, TAYLOR & MEADOWS, 2121 N. California Blvd., Suite
18 -
865, Walnut Creek, California 94596.
19
2. The occurrence giving rise to this claim took place
20
on or about November 23, 1987 at or near the City of Orinda
21
and the City of Martinez. The circumstances of the
22
23 occurrence are as follows: County employees and Sheriff's
24 Deputies committed upon claimant false arrest, false
25 imprisonment, physical abuse, infliction of physical injury,
26 pain, suffering, and emotional distress.
27 3. The names of the public employees causing or
28 contributing to the injuries, damage, and loss for which this
LAW OFFICES Of
TAYLOR&MEADOWS
I claim is made are unknown.
2 _4. The injuries,, damage, and loss for which this claim
3 is made, so far as now known, consist of those described in
4 paragraph 2 above.
5 5. The . basis of computation for the amount for these
6 injuries, as now known and prospectively estimated, is as
7 follows:
8
a) Medical Expense: $150,000
9
b) Lost Income: $2509000
10
c) General Damage: $70031000
11
TOTAL: $1,100,000
12
13
Date:
14 /
15 Pto
L
.. TAYLOR
eyfor Claimant
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW OFFICES OF
TAYLOR&MEADOWS
J .
1 PROOF OF SERVICE BY MAIL
2 I- dec lare that:
3 I am a citizen of the United States , I am employed in the
4 County of Contra Costa,. State of California, I am over the
5 age of eighteen years , and I am not a party to the within cause.
6 My business address is 2121 North California Boulevard, Suite 865 ,
7 Walnut Creek, California, 94596 .
8 On March 1 , 1988 , I served the within
9 CLAIM FOR PERSONAL INJURY AND EMOTIONAL DISTRESS
10 (Government Code Section 910)
11
12
13 on the parties in said cause, by placing a true an correct copy
14 thereof enclosed in a sealed envelope with postage thereon fully
15 prepaid, in the United States mail at Walnut Creek, California,
16 addressed as follows:
17 Board of Supervisors
651 Pine Street
18 Martinez , CA 94553
19 Attn: Clerk of the Board
20
21
22
23
24 I certify and declare under penalty of perjury that the
25 foregoing is true and correct and that this declaration was
28 executed on March l 1988 at Walnut Creek, California.
27 7
28
KARLA D. HAALAND
LAW OFFICES OF
TAYLOR&MEADOWS
CLAIM - y
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) WARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 5 , 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 (bard of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $500 , 000- 00 Section 913 and 915.4. Please note all *Warnings*.
County Counsel
CLAIMANT: JOSEPH AUGUSTINE
c/o Stanley J. Bell, Esquire MAR„0 31988
ATTORNEY: Law Offices of Stanley J. Bell
505 Sansome -St . 18th Floor Date received Martinez��$Ag94553
ADDRESS: San Francisco, CA 94111 BY DELIVERY TO CLERK ON March 4,
BY MAIL POSTMARKED: March 5, 1988
Certified P 769 504 056
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted claim.
ee IL ATCIELOR, Clerk
DATED: March. 8 , 1988 8a: Depu y <
- L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
This claim complies substantially with Sections 910 and 910.2.
{ ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( )
Other:
Dated: 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
k� 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 5 1988
Dated: PHIL BATCHELOR, Clerk, By L.G , 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 abovve.
Dated: APR 8 1988 BY: PHIL BATCHELOR by puty Clerk
CC: County Counsel County Administrator
1 = CLAIM FOR DAMAGES FOR PERSONAL INJURIES
2 TO: BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA RECEIVED
3 651 Pine RECEIVER,
Martinez, California 94553 MAR X19$$
4 COUNTY OF CONTRA COSTA
5 MERRITHEW MEMORIAL HOSPITAL PhA DOFFBATCHELORER
CLERK iOARD OF SUPERVISORS
2500 Alhambra Avenue co
6 Martinez, California 94553
7 PLEASE TAKE NOTICE that the undersigned hereby serves
8 and makes demand upon you for the cause and amounts set. forth
9 in the following claim:
10 Claimant ' s name and address :
Fa-1 a11 JOSEPH AUGUSTINE
W w ` 0 345 Tuolumne Avenue
(� m = 12 Martinez, California 94553
a < n 13 Claimant ' s mailing address to which notices are to be
a u S
W c
sent :
aux 14
� ° W Stanley J. Bell, Esquire
a 15 LAW OFFICES OF STANLEY J. BELL
A Professional Corporation
st 16 Two Transamerica Center
505 Sansome Street, 18th Floor
17 San Francisco, California 94111
18 Amount of Claim:
19 Special damages and expenses proximately caused by the
20 occurrence described below and
general damages in the sum of
21 FIVE HUNDRED THOUSAND DOLLARS AND No/100 ' s ($500, 000 . 00) .
22 Date and Place of Occurrence giving rise to the Claim
23 asserted:
24 On . or about the 2nd day of January, 1988 at the Contra
25
Costa County Hospital, known as Merrithew Memorial Hospital
26
1 located at 2500 Alhambra Street in the City of Martinez, County
2 of Contra Costa, State of California.
3 Description of Occurrence:
4 That at said time and place, the aforesaid public
5 entities, and each of them, negligently and carelessly owned,
6 operated, maintained, leased, constructed, repaired and
7 controlled the aforementioned premises in that they allowed an
8 entranceway to exist and remain in a dangerous condition in
9 that the floor of said entranceway was in a waxy and slippery
10 condition, thereby creating a risk of injury to persons using
aaaw 11 said entranceway; and further in that said public entities, and
i z " 12 each of them, failed to warn persons using said entranceway of
U m pG
13 the condition of the floor area; that said public entities, and
W y ° each of them, knew, or in the exercise of ordinary care should
� f-1 C) 14
15 have known of the dangerous and hazardous condition of said
Il1 •S V W
r^-'1 [r �
16 entranceway and failed to remedy said condition, having a
v1
17 reasonable opportunity to do so; that as a direct and proximate
18 result of the negligence and carelessness of said public
19 entities, and each of them, as aforesaid, while claimant was
20 walking through the entranceway, he was caused to slip and
21 fall, thereby causing claimant to sustain severe personal
22 injuries .
DATED: February �
23 � , 1988 .
LAW OFFICE'S OF S 1KN Y J. BELL
24
25
2By
6 ------ /
STAXttY J. BELL
Attorney�;s for Claimant
-2-
eiaim Of jOSEPH AUGUSTINE
ACTION NO. :
PROOF OF SERVICE BY MAIL - C.C.P. §1013a , 2015 . 5
1, the undersigned, hereby declare that I am a citizen of the United
States, over the age of eighteen years , and not a party to the within
action. I am employed by the LAW OFFICES OF STANLEY J. BELL. My
business address is 505 Sansome Street, 18th Floor, San Francisco,
California, 94111. 1 served a true copy of
Claim for nam2gas for Barman In 3:--
by mail, by placing the same in an envelope, sealing, fully prepaid
postage thereon and depositing said envelope in the U.S. Mail at
San Francisco, California on March 3 -gag_
BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
651 Pine
Martinez, California 94553
COUNTY OF CONTRA COSTA
MERRITHEW MEMORIAL HOSPITAL
2500 Alhambra Avenue
Martinez, California 94553
I declare under penalty of perjury that the foregoing is true and correct
Executed in San Francisco, California on March 1988
Donna L. Koth''ke
MAIN f
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA
!CARD ACTION
Claim Against the County. or District governed by)
1988
the Boyrd of Supervisors. Routing Endorsements, ) NOTICE o To CLAIMANT Au is 1 r notice of
and Board Action. All Section references are to ) TMe copy of this document riled t0 youSupervisors
California government Codes. ) the action taken on your claim by the Board of Supe
(paragraph IV below). given pursuant to Government Code
Amount: $176 . 00 Section f)j.1 Rnd 915.4. please note all 'Marnings•.
County QQWn&al
CLAIMANT: LARRY FARRELL
2479 Pleasant Hill Road �$; � jgg$
ATTORNEY: Pleasant Hill , CA 94523
Date received CA $4$53
ADDRESS: BY DELIVERY TO CLERK ON March
BY MAIL POSTMARKED: March 4, 1988
e .
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
lVIL gATCVELOR, Clerk
DATED: March 8 . 1.938 � Depu y
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
{}() This claim complies substantially with Sections 910 and 910.2.
{ ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.6).
{ j 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 Deputy County Counsel
�- .. l
111. FROM: Clerk of the board TO: County Couns4-W County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
�) This Claim is rejected in full`.
{ ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: APR 519$$ 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 NAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 16; and that .today I deposited in the United States Postal Service in Nartinez,
California. postage fully prepaid a certified Copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: APR $ 19$$ BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
CLAIM TO: BOARD tar'
Instructions to Claimant Return original application tc
Clerk of the Board
651 Pine St., Room 106
Martinez, CA 94553
A: Claims relating to causes of action for death of"for Injury to
person or to personal property or growing crops must be presented
not later than the 100th day after the accrual of the cause of
action.- Claims relating to any other cause of action Brost be
presented not later than one year after the accrual of the cause
of action. (Sec. 911.2, Govt. Code)
S. Claims must be filed vith the Clerk of the board of Supervisors
at its office in Room 106, County Administration building, 651 Pine
Street, Kartinez, California 94553.
C. If claim is against a district governed by the board of Supervisors,
rather than the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims
must be filed against each public entity. .
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end
of this form.
RE: Claim by )Reserved for Clerk's filing stamps
} _
Against the COUNTY ;OF CONTRA COSTA) MAR 19$$
}
Or DISTRICT} ... oti.,T. cf�i�
R; O)bEVISOPS
(Filln name .00.
a. f
The undersigned claimant hereby makes claim against the County if Contra
Costa or the above-named District in the sum of $ 17 e 7�7
and in support of this claim represents as follows:
w�'� www ♦ wwwww wwwwwwwww w wwww wwwwww ww w=www wwwwww wwwwww w www wwwi�
+�1Fen ai the damage or injury occur? TGive exact date ani fiourS
freewre�did'tFiewaamagewoi';nury'occur? �IncSu3e"c "ty�aizc �countyT�___
C.. (/,,J�` � ``��,//,jj//��1�.
3�ww�ww w �+wwwwwwwwwj M w � waww�Y�.�r.� � _ w ���rlf�+����r
Now�yd the damage or tn3ury occur? ZGive TZ11 aetatis
, use extra
sheets if required)
5TClo Ekes Lu � i Le-
t
-
cr,� u sIac�
Z. tpaa`rt�Ma= ac`twoir'emission wonwthe`part
`��wcoun"ty"oi"aiwstir�c't"�w
officers, servants or employees caused the injury or damage?
(over)
5. What are the names of county or district officers, servants or'
empi&gees causing the damage or injury?
6. W�iat damage or injuries do you claim resu�te�? ZG�ve �u�� extent
of inj es or damages claimed. Attach two estimates for auto
damage.,i
clo `I`hCs
--------------------------------- --------------- -
7. How was the amount claimed above computed? Include the estimate
amount of any prospective injury or damage. )
8. Names and addresses of witnesses, doctors and hospitals.
�. L�st. the expenditures you made on account of this accident or Znlury:
DATE ITEM AMOUNT
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES TO: (Attorney) or by some rson on his behalf. "
Name and address of Attorney
imant T sign to e
ri e-05 Prj LL. ao� .
l 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. "
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County..or District governed by) WARD--BION
the Board of supervisors. Routing Endorsements. ) XTICE TO CLAIMANT April 5 , 1938
and Board Action. All section references are to ) The copy of this document smiled to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $2 , 000- 00 e-c'Mon...913 �'rl 'l15.4. Please rA�te al unty G Warnings".
®unul
CLAIMANT: KATIE WHITANEY ETAL � �
143 Leonard Drive MAR .
ATTORNEY: Concord, CA 94521 Martinez, CA 945.,3
Date received March 7 , 1988 .
ADDRESS: BY DELIVERY TO CLERK ON
hand del
BY MAIL POSTMARKED: no 1)ostMark
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PPA�IL BATC�ELOR. Clerk
DATED: march 8 , 1988 sr: pepu y `
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
{k) This claim complies substantially with Sections 910 and 910.2.
( } This claim FAILS to comply substantially with Sections 910 and 910.2. and we are to 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: - Gam` BY: r Deputy County Counsel
Z'
111. FROM: Clerk of the Board TO: County Codite1'(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 5 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 went 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 $ 198 8
BY: PHIL BATCHELOR by poly Clerk
CC: County Counsel County Administrator
March 4," 1988
RECEIVED
MAR 7 1988.
Contra Costa. County Board of Supervisors P Eo
651 Pine Street CLER R AS
Martinez, CA. 94553 B C. �' -
RE: Claim of: KATIE WHITNEY AND DAVID BARTON
Date of incident: December 3, 1987
Dear Sirs:
This is to inform you of a claim for damages made by Katie
Whitney and David Barton. This claim involves an incident which
occurred The specifics of the claim are as follows:
1 . The claimant' s name and address are Katie Whitney
and David Barton, 143 Leonard Drive, Concord, California.
2. Notices regarding this claim should be sent to 143
Leonard Drive, Concord, California.
3. This claim arose out of an incident on December 3,
1987, when I, Katie Whitney, contracted scabies while staying
in the Maternity Ward, after giving birth to my daughter, Tabatha
Ann Barton, at Merrithew Memorial Hospital and in turn, David
Barton, (my fiancee) contracted them from me.
4 . The injuries to claimant include, but are not limited
to,
a. Scabies;
b. David Barton and Katie Whitney' s severe emotional
trauma;
C. David Barton' s loss of income;
d. Unexpected medical costs.
5. The names of the employees responsible are Merrithew
Memorial Hospital, 2500 Alhambra Avenue, Martinez, California.
6. Claimant requests damages in the amount of $2, 000 ,
insofar as is known at this time. This is based on cleaning
costs for two bedroom apartment, babysitter needed to be able
to spray the home, motel room that was rented after spraying,
moving costs, David' s lost wages from work, emotional trauma
and medical costs .
I look forward to your response at your earliest convenience.
Very truly yours,
Katie Whitney
KW: fg
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County. or District governed by) SOW ACTION
the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT April 5 , 1988
and Board Action. All Section references are to ) The copy of this document oiled to you is your notice of
California Government Codes. ) the action taken on your claim by the bard of Supervisors
(Paragraph IV below), given pursuant to government Code
Amount: Unspecified ���*•i^� n'.' nn$ 915.4. Please note11 'Marna s•
county Uounsel
CLAIMANT: ANNA E. SANCHEZ 8 1g$8
c/o Capps , Staples , Ward, Hastings & Dodson MAR :
ATTORNEY: 1230 Boulevard Way #204 Martinez, CA 94553
Walnut Creek, CA 94596 Date received _"larch 7 , 1988 CC
ADDRESS: BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: March 1 , 1988
Certified P 063 607 116
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IL aATCVELOR, Clerk
DATED: March 3 , 1988 �: Depu y
L. Hall
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
�() This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave .to present a late claim (Section 911.3).
( ) Other:
Dated: t��1 BY: � b�� Deputy County Counsel
Ill. 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
`X ) This Claim is rejected in full.
Other:
I certify that this is a true and correct copy of the Boar s Order entered in its minutes for
this date.
Dated: APR 5 1988 PHIL BATCHELOR, Clerk, By Deputy Clerk
MARNING (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 NAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States. Over age 16; and that today I deposited in the United States Postal Service in Martinez.
California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: APR 8 1988
BY: PHIL BATCHELOR by ` puty Clerk
CC: County Counsel County Administrator
NOTICE OF CLAIM AGAINST THE COUNTY OF CONTRA COSTA
Date: March 1, 1988
Gentlemen:
The undersigned hereby presents the following claim against
the County of Contra Costa:
1. DATE OF OCCURRENCE:
Service of First Amended Complaint for Damages on or about
February 9, 1988 relating to the underlying occurrence of
February 15, 1986.
2. NAME AND ADDRESS OF CLAIMANT:
Anna E. Sanchez, c/o Capps, Staples, Ward, Hastings &
Dodson, 1280 Boulevard Way, Suite 204, P.O. Box 5607, Walnut
Creek, CA 94596. Tel: (415) 939-4411.
3. SAID CLAIM ARISES FROM THE FOLLOWING CIRCUMSTANCES:
On or about February 15, 1986, water from a La Plaza
drainage pipe burst through the surface of the La Plaza roadway
on the property of the plaintiffs Mark Stefan, R.N. Stefan, and
Lisa Stefan at 8 La Plaza, Orinda, California, and began to
undermine the plaintiffs' driveway. As a result of this damage,
plaintiffs filed suit against Anna E. Sanchez for various causes
of action including nuisance and trespass as well as negligent
failure to maintain an easement. That lawsuit is filed in the
Superior Court of the State of California for the County of
Contra Costa, No. 304282 bearing the name of Mark Stefan, et al.
v. City of Orinda, et al.
4. ITEMS, NATURE AND EXTENT OF DAMAGES OR INJURIES:
Plaintiffs seek damages for the undermining of their
property. Anna E. Sanchez seeks indemnity in the amount of any
settlement or judgment entered against her as a result of this
lawsuit as well as the costs and attorney' s fees incurred.
CAPPS, STAPLES, WARD,
RECEIVEDHASTINGS & DODSON
, , r
p MARSHA L. STEPbMNSON
OLE A F OR3
De uty
By
1
s-
1 PROOF OF SERVICE BY MAIL
C.C.P. 9 1013, 2015.5
2
RE: =SANCHEZ v. COUNTY OF CONTRA COSTA, et al.
3
4 I am a citizen of the United States and I am employed in the
County of Contra Costa, State of California. I am over eighteen
5 (18) years of age and not a party to the within-entitled action.
My business address is: 1280 Boulevard Way, Suite 204, Post
6 Office Box 5607, Walnut Creek, California, 94596. On the date
below, I served the following documents:
7
NOTICE OF CLAIM AGAINST THE COUNTY OF CONTRA COSTA
8
9
by placing true copies thereof, enclosed in sealed envelopes with
10 postage thereon fully prepaid, in the United States Post Office
at WALNUT CREEK, CALIFORNIA, addressed as follows:
11
County of Contra Costa
12 County Counsel
651 Pine Street
13 Martinez, CA 94553
14
15
16
17
18
19
20
21
22
23
24
25 I declare under penalty of perjury that t e foregoing is true and
correct and that this declaration was a ecuted at WALNUT CREEK,
26 CALIFORNIA.
27 DATED: March 1, 1988
28 K. HAMLIN
LAW OFFICES OF
\PPS.STAPLES.WARD.
iASTINGS 6 DODSON
A PROFESSIONAL
CORPORATION
P. O. BOX 5607
ALNUT CREEK.CA 94596
(415) 939-4411
« 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 5 , 1988
an.d 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
$250 , 000. 00 Section 913 and 915.4. Please n0f� l�I�ts'!'�AIR�I
CLAIMANT: LINDA BUCCELLATO MAR:00 1980
c/o George A. Murphy
ATTORNEY: Attorney at Law Martinez, CA 94553
2401 Stanwell Drive #300 Date received March 7 , 1988
ADDRESS: Concord, CA 94520 BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: March 4, 1988
P 512 318 033
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IL gATCVIELDR, Clerk
DATED: March 8, 1988 �; Depu y
L. Hall
Il. 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 claimants right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: �— — : BY: �/ '� Deputy County Counsel
111. FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: APR 5 1988 PHIL BATCHELOR, Clerk, BY—111- 544,1!
, Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the 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 went 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 8 1988
BY: PHIL BATCHELOR by WL /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 actionfordeath or for injury to
person or to personal property or growing crops must be presented
not later than the ].00th day after th(,-- 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 fraud ulont claims , Penal Code Sec. 72 at end
of this form.
RE: Claim by ) Reserved for Clerk' s filing staml
LINDA BUCCELLATO
RECEIVED
Against the COUNTY OF CONTRA COSTA) MAR 7 1988
PH!L BATCHELOR
or DISTRICT) CLERK GOARD Of SUPERVISORS
�Al 16A COS. _ &SC5... DeputL_
In name)
(Fill
The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in the sum of $ 250 , 000. 00
and in support of this claim represents as follows:
1.^-When did the-damage or-injury occur? (Give---exact_da__t_e_an_R_hour)
----
December 1, 1987
2� -Whereicidrthe damage or injury occur?- (Include city-and�countyj _
Antioch, California
Contra Costa County
-_- _-_-_-_-_--________-.-_----___extra__
--full details,3, How did the damage or injury occur? (Give use extra
sheets if required) Contra Costa County District Attorney attached
wages of Claimant for her son*, Harlan Bingham, who is being held at
the California Youth Authority Facility in Stockton, Califronia. This
attachment was wrongful.
r di ict
-------------particular
ission on the part-of-county o
What particular ' act or oTnT__1-------------- - - - - -
officers , servants or employees caused the injury or damage?
Contra Costa County District Attorney' s office wrongfully attached funds
to which they had no right. They have since refused to release funds
held and continue to attach Claimants wages.
(over)
„ 5. _,What are the names of county or district officers, servants or .
(7employees causing the damage or injury?
Employees of Contra Costa County District Attorney' s office.
6. What damage--or--i-n-j-u-r-ie--s do-you-c-l--m-r-e--u--ted5 (Give full
of injuries or damages claimed. Attach two estimates for auto
damage) ' Mental and emotional distress ; embarrassment; and
financial hardship
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
Claimant is still undergoing treatment for the emotional distresses
she ahs suffered. Estimate $250 , 000. 00 .
-------------
8. Names and addresses of witnesses, doctors and hospitals.
Dr. Ronald Leon
. 2400 Sycamore Dr. , Suite 19
Antioch, CA 94509
�. List the expenditures you made an account of thss accident ar �.n3ury
DATE ITEM AMOUNT
Insurance is to pay. Has incurred Attorney's Fees to proceed
against the County' s wrongful act. Fees have .been .paid,. ,.
Govt. Code., Sec.,. 910.2 ,provides:
"The -claim `;signed-. by zt.he claima
SEND NOTICES TO: (Attorney) or by .some person on his behalf
Name and Address of Attorney x 4 r-,e
GEORGE A. MURPHY Clai�n "-s Signatdre
Attorney at Law 1400 Crestview
2401 Stanwell Dr. , Suite 300 Address
Concord, CA 94520 Antioch,. CA 94509
Telephone No. ( 415) 682-0750 Telephone No. ( 415 ) 754-4442
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to def'raud, 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, vouches
or writing.; is guilty of a felony. ”
' ^ NDED
—
CLAIM
'. A
` BOARD OF SUPERVISORS �
Claim Against the County, or District governed by) BOARD ACTION
the Board of Svpe'rv+sors, Routing Endorsements, ) NOTICE TO CLAIMANT April 5 98
and Board Action. All Section references are to > The copy of this document mailed to you is your notice of
> the action taken on your claim by the Board of Supervisors
-- i t t�
(Paragraph IV below), g given pursuant Government Code
A���rc: $5' 000, 000. 00 ' Section 913 and 915'4. Please note all "Warnings".
11 COVED
CLulw�%': THERESA KRI2QE3l EIAL ���� � � ����
c/o Kent A. RonaeTT "`'^^"" � � ^��*�
4TTJpwEvRussell and Russell CoUtm
3169 Washington St. Date received March }� }� ---�
ADD*���� �ao Francisco, CA 94115 BY DELIVERY TO [|[8K ON ` ""
BY MAIL POSTMARKED: March 10, 1988
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the a bove-noted claim.
DATED: March 16, 1988 Beput
I:. FROM: County Counsel TO: Clerk of the Board of Supervisors
( �� This claim complies substa�tially with Sections 910 and 910,2'
��( ) This claim FAILS to comply substantially with Sections glO 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 or claimant's right tc apply for leave to present a late claim (Section 011,3).
( }
Other:
Dated: B' Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 9]1'3).
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. -
��� � 10��
Ua�e�� ��r» � ��uw PHIL BATCHELOR, Clerk, Deputy Clerk
WARNING (Qn"' code section 91])
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 nu immediately'
AFFIDAVIT
I declare under penalty of perjury that I am now, and at all times herein mentiuned, have been a citizen of the
United States, over age 18; and that today } deposited in the United States Postal Service in Martinez,
California, postage folly prepaid a certified copy of this Board Order d i
Claimant,
Cl i addressed to
the claimant as shown above.
APR w 1988
Dated: BY: PHIL BATCHELOR
ty Clerk
AMENDED
2 GOVERNMENT CLAIM AGAINST THE COUNTY OF CONTRA COSTA
3
In the Matter of the Claim of
4
THERESA KRIEGER, GARY KRIEGER,
5 JESSICA KRIEGER (a minor , by and
through her legal representative RECEIVED
6 THERESA KRIEGER) ;
j-,
7 Claimants ,
P 'A
VS . CLE A F LO
8 P NT on.
eyi.
9 COUNTY OF' CONTRA COSTA Puty
10 Claimants THERESA KRIEGER, GARY KRIEGER, and JESSICA KRIEGER
11 (a minor , represented here by her natural mother THERESA
KRIEGER) , by and through their attorney, Kent A. Russell , hereby
12 present this amended claim to the County of Contra Costa ,
_j pursuant to Se6tion 910 of the California Government Code.
_j
13
C
Doo 1 . The name and post office address of Claimants is 2020
T 14 Rancho Road , Ei Sobrante, CA 94803. Claimants THERESA KRIEGER
z ;= 8-
ana GARY KRIEGER are, respectively, the mother and father of
;3:C 15 JESSICA KRIEGER, who was three years old at the pertinent times
U_ herein.
U) C
:) co 16
a: u) 2. The name and address to which Claimant desires notice of
17 this claim to be sent is as follows: Kent A. Russell, Russell
and Russell , 3169 Washington Street , San Francisco, CA 94115.
18 1
3 . on or about November 18 , 1987 , Claimant THERESA
19
KRIEGER ' s claim accrued , as follows :
On Wednesday , August 12 , 1987 , three-year-old Jessica
20 Krieger was sexually assaulted and battered at West County
Montessori School, 716 Appian Way, El Sobrante, CA 94803. The
21 following day, Jessica identified the man as one Lee Lacy, who
had previously molested Jessica and her brother Nathan in
22 September, 1986 , ana had pleaded guilty to the molestation of
Nathan .
2:3 on August 15, Jessica was examined at Children' s Hospital
Medical Center by , among others , Rosemary McKnight and Dr .
24 Obrinsky . In the course of this examination, non-motile sperm
were located in Jessica' s body , and , pursuant to law , semen
25 specimens and other important evidence were sent for typing and
analysis to the Crime Lab, in care of the Contra Costa County
26 Sheriff ' s Department. The medical personnel who sent over this
evidence have confirmed that it was indeed delivered into the
27 custody of the 'Contra Costa County Sheriff . However , on November
28
1 18 , 1987 , Detective Leary , an employee of the Contra Costa
2 County Sheriff: who had previously investigated the former case
against Lacy , informed THERESA KRIEGER by telephone for the
3 first time that the Sheriff did not have and could not locate
any of the evidence hereinabove described . This claim is lodged
4 within 100 days of said notification by Detective Leary of the
loss or destruction of said material evidence.
5 4 . Based .upon these facts , Claimants allege that the Contra
6 Costa Sheriff ' s department , having a mandatory responsibility to
investigate the subject offense, and having previously - induced
7 Claimants to rely upon their investigational efforts ,
negligently lost or destroyed said evidence , amounting to
8 negligent spoi.lation of evidence, in violation of the rights of
Claimants .
9 5 . As a direct and proximate result of the negligence of
10 the County of Contra Costa , as aforesaid, Claimants have been
damaged in prospective litigation against the school where the
11 August 1987 assault on Jessica occurred , and against other
potential defendants, since the evidence lost or .destroyed by
12 the County of Contra Costa is material to establishing the
necessary allegations against the West County Montessori School
��
� 13 and possibly other defendants responsible for failing to take
moa o reasonable precautions to warn of the danger or to prevent the
a: So
assault from occurring . Consequently, Claimants have undergone
Z r °N the loss of critical evidence material to their allegations in
<3 �� 15 prospective civil litigation , with attendant damage to their
WO' `°�
UJMLLlawful rights -to compensation for the vicious and cruel assault
-
�MccC 16 referred to above. Accordingly , and as a proximate result of the
negligence of the County of Contra Costa , as aforesaid ,
17 Claimants have incurred attorney' s fees and have suffered loss
of reasonable compensation for their injuries , as well as
18 anxiety, lost earnings , and physical and emotional suffering in
a sum whose exact amount is presently undetermined . At this
19 time, Claimants make the present claim for damages in the amount
of $5, 000, 000 .
20
Dated : March 9, 1988.
21
22
A. USSELL
23 A/KENT
orney for Claimants
24 SEND ALL NOTICES TO:
Kent A. Russell , esq.
25 Russell and Russell
3169 Washington St .
26 San Francisco, CA 94115
Tel : (415) 919-8301
27
28 2
1 GOVERNMENT CLAIM AGAINST THE COUNTY OF CONTRA COSTA
2
3 In the Matter of the Claim of )
4 THERESA KRIEGER, GARY KRIEGER, )
5 JESSICA KRIEGER (a minor , by and ) RECEIVED
through her legal representative )
6 THERESA KRIEGER) , FEB 2 6 X988
i
7
Claimants , ; CLERK DAk(j'TCHELOR o�SUPER,,/';ORS
CON;kA COSTA CO.
V S . )
BY .......... DeDu1r
)
9 COUNTY OF CONTRA COSTA )
10 Claimants THERESA KRIEGER, GARY KRIEGER, and JESSICA KRIEGER
11 (a minor , represented here by her natural mother THERESA
KRIEGER) , by and through their attorney, Kent A. Russell, hereby
12 present this claim to the County of Contra Costa, pursuant to
Section 910 of the California Government Code.
W. r
13 1. The name and post office address of Claimants is 2020
D0<
¢ °'o w 14 Rancho Road, E1 Sobrante, CA 94803. Claimants THERESA KRIEGER
z° CUN and GARY KRIEGER are, respectively, the mother and father of
��
_� 15 JESSICA KRIEGER, who was three years old at the pertinent times
WALL` herein .
C, co 16
E 2 . The name and address to which Claimant desires notice of
17 this claim to be sent is as follows : Kent A. Russell , Russell
and Russell , 3169 Washington Street, San Francisco, CA 94115 .
18 3 . On or about November 18 , 1987 , Claimant THERESA
19 KRIEGER ' s claim accrued, as follows :
On Wednesday , August 12 , 1987 , three-year-old Jessica
20 Krieger was sexually assaulted and battered at West County
Montessori School, 716 Appian Way, E1 Sobrante, CA 94803. The
21 following day, Jessica identified the man as one Lee Lacy, who
had previously molested Jessica and her brother in September ,
22 1986, and had pleaded guilty to said offenses.
On August 15, Jessica was examined at Children' s Hospital
23 Medical Center by , among others , Rosemary McKnight and Dr .
Obrinsky. In the course of this examination, motile sperm were
24 located in - Jessica' s body, and, pursuant to law, semen specimens
and other important evidence were sent for typing and analysis
25 to the Crime Lab, in care of the Contra Costa County Sheriff ' s
Depairtment. The medical personnel who sent over this evidence
26 have confirmed that it was indeed delivered into the custody -of
the Contra Costa County Sheriff. However, on November 18, 1987 ,
27 Detective Leary, an employee of the Contra Costa County Sheriff
28 1
1 who had previously investigated the former case against Lacy,
informed THERESA KRIEGER by telephone for the first time that
2 the Sheriff !did not have and could not locate any of the
evidence hereinabove described. This claim is lodged within 100
3 days of said notification by Detective Leary of the loss or
destruction of said material evidence.
4
4 . Based upon these facts, Claimants allege that the Contra
5 Costa Sheriff ' s department , having a mandatory responsibility to
investigate the subject offense, and having previously induced
6 Claimants to rely upon their investigational efforts ,
negligently lost or destroyed said evidence , amounting to
7 negligent spoilation of evidence, in violation of the rights of
Claimants .
8
5 . As a direct and proximate result of the negligence of
9 the County of Contra Costa, as aforesaid, Claimants have been
damaged in prospective litigation against the school where the
10 August 1987 assault on Jessica occurred , and against other
potential defendants, since the evidence lost or destroyed by
11 the County of Contra Costa is material to establishing the
12 necessary allegations against the West County Montessori School
and possibly other defendants responsible for failing to take
LU reasonable precautions to warn of the danger or to prevent the
U)rm 13 assault from occurring. Consequently, Claimants have undergone
CC
Q"� 14 the loss of critical evidence material to their allegations in
°zNLF y� prospective civil litigation, with attendant damage to their
Q �-- lawful rights to compensation for the vicious and cruel assault
w0) 15 referred to above. Accordingly, and as a proximate result of the
CnCz negligence of the County of Contra Costa , as aforesaid ,
�
16 Claimants have incurred attorney' s fees and have suffered loss
17 of reasonable compensation for their injuries , as well as
anxiety , lost earnings , and physical and emotional suffering in
18 a sum whose exact amount is presently undetermined. At this
time, Claimants make the present claim for damages in the amount
19 of $5,000, 000.
20 Dated: February 25, 1988.
21
22 KENT A. RUSSELL
Attorney or Claimants
23 SEND ALL NOTICES TO:
24 Kent A. Russell , esq.
Russell and Russell
25 3169 Washington St .
San Vrancisco, CA 94115
26 Tel : (415) 929-8301
27
28 2