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Home My WebLink AboutMINUTES - 05171988 - 1.16 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim f:gainst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May 17 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500 . 00 Section 913 and 915.4. Please note all "WarnincftKE1VED CLAIMANT: FRED FINKE APR ;1 1. lo88 2460 Lunada Lane ATTORNEY: Walnut Greek, GA 94595 MARTIN CouNsF. MARTINEZ, CALIF. Date received ADDRESS: BY DELIVERY TO CLERK ON April 18 , 1988 Risk Manage . BY MAIL POSTMARKED: April 16 , 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 20, 1988 gyIL BAATTCYELOR, Clerkepu L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (x This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ".4.[Z1 ,2/_ / _ BY: eputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. 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. V_ xAf"M MAY 17 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: MAY 19 1968 H A BY. PHIL BATCHELOR by ��eputy Clerk CC: County Counsel County Administrator 'k CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, .CA) . C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps RECEIVED Against the COUNTY OF CONTRA COSTA) APR, 1 J 1963 or DISTRICT) Fill in name) ) ciE ^ L N 3 The undersigned claimant hereby makes claim a Contra Costa or the above-named District in the sum of and in support of this claim represents as follows: ------------------------------------------------------------------------ l. When did the damage or injury occur? (Give exact date and hour) =� ��- ----- ,-_ 5,=-- ------- 2. Where did the nage or Injury occur? (Include ity and county) .3. How did the damage or injury occur? (Give full detail se extra sheets if required) ------ `-`=-- � _!iL. -S=`--�-- ------=--------------------------- 4. What particular act or o�s?sion on the part of county or district officers , servants or employees caused the injury or damage? , 1 over) 5. ' What are the names of county or district officers, servants or employees causing the damage or injury? 5 -INS CC ----------------- 6. What damage orinjuriesdo you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) \ -------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) F-_ \lel._= �• C`:ems% . 4.'��. -��L. �c 7 L�e�� J C2e ---- Wil, 8. Names and addresses of witnesses, doctors and hospitiN. ------------- ------------------------------------------------------------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 1 t " i Govt. Code Sec. 910. 2 provides : "The claim signed by claimant SEND ;NOTICtS" TO:`' '(Attor4ey) or by some person o s ehalf. " C Name and Address of Attorney Claims is Signature J,yL Address Telephone No. Telephone No. ************************************************************************** NOTICE Section 72 of the Penal Code provides: , :moi "Every person who, with intent to def�stal.a lserzts for allowance or for payment to any state board or officer, or �rt'6ounty, town, city district, ward or village board or officer, authorise--',-.,to allow or pay the same if genuine, any false or fraudulent ,m�,o b� YI, account, voucher, or writing, is guilty of a felony. " 1` e .In� r V;; SPRINGS & BERTINO BODY SHOP Body & Fender Repairing & Painting-24 Hour Tow Service–Undersealing 1413 Carlback Ave. Phone 935-8870 WALNUT CREEK, CALIF. 94596 NAME � � �� . DATE C 7 ADDRESS `' _ = PHONE ) <rf INSURED BY ADJUSTER PHONE Labor Labor Labor Labor Labor Labor Symbol FRONT = Mrs. Parts Syrr6ol LEFT $ Mrs. Parts Symbol RIGHT S Mrs. Parts Bumper Bumper Brkt. Fender, Frt. Fender, Frt. Bumper Gd. Fender Shield Fender Shield Frt. System Fender Mldg. Fender Mldg. Frame Head la mp Head lamp Cross Member Hood lamp Dov Hood lamp Door Stabilizer Sea':? Beam Sealed Beam Wheel Co.,I Cowl Hub Cop V;inoshield Windshield Hub & Drum Door, Front Door, Front Knuckle I I Knuckle Sup. Door Hinge Door Hinge Lr. Cont. Arm-Shaft Door Glass Door Glass Vent Glass Vent Glass Up. Cont. Arm-Shaft Door Mldgs. Door Mldg. Shock Door Handle Dow Handle Spring Center Post Center Post Tie Rod Door Rear INDoor Rear Steering Gear I Door Glass Door Gloss Steering Wheel Door Mldg. Door Mldg. Horn Ring Rocker Panel Rocker Panel Gravel Shield Rocker Mldg. j Rocker Mldg. Park. Light F loon I F loor Frame I Frame Rad. Grille Dog Leg Dog Leg Quar. Panel Quar. Panel Ouar. Mldg. l Quor. Mldg. Quar. Glass Quar. Glass Fend. . Rear Fender, Rear Name Plate Fe ;r, Midg. Fender Midg. Horn f=ender Pod Fender Pad Baffle, Side REAR MISC. Baffle, Lower Bumper j Inst. Panel Baffle, Upper Bumper Brkt. I Front Seat Lock Plate, Lt. Bumper Gd. ( Front Seat Adj. Lock Plate, Up. Gravel Shield Trim Hood Top Lower Panel Headlining Hood Hinge Floor Top Hood Mldg. Trunk Lid Tire % Worn Ornament Trunk Light Tube Rod. Sup. Trunk Handle Bo terX/-.?,. _ Rod. Core Tail Light aint Anti Freeze Tail Pipe Undercoat Rod. Hoses Gas Tank Fan Blade Frame AUTHORIZATION FOR REPAIRS Fan Belt Wheel You are hereby authorized to make the above Water Pump Hub & Drum I speciiied repairs. Motor Mts. Axle Signed Clutch Linkage Spring GROSS PARTS ... ...% DISCOUNT NET PARTS SALES TAX MAK �11�R TYLE D AOT OR NO. TOTAL LABOR SERI L,N0. LIC. N0 'AGE — GRAND TOT A • Align N New OH Overhaul S Straighten or repair o M Arial Subiect to Price Change 109-7204 NORICK OKLAHOMA CITY BODY SHOPLESTER' G. LAWRENCE & SON �P.o. sox 37 2791 N. lAAIN.ST.;, WALNUT CREEK, CA 94597 PHONE: 939y3333 EXCLUSIVE —VOLVO — DEALER Since 1921 LICENSE NO. 9200 NAME �tii` - /�%Cv� 1 DATE ADDRESS 7 YC� .Cr/,L' i �� INSURANCE CSS/� CITY 5 �i P H 0 N a�J,7`1G 7 ADJUSTER ,C.( MAKE ! 0 EL L SERIAL. MILEAGE LICENSE Symbol FRONT or St labor Hrs. Parts Symbol LEFT epasba's T labor Hrs. Parts Symbol RIGHT aw'i Labor lob rs. Ports Bumper(U)Ex-New Fender,Frt.d Ext. Fender,Frt.d Ext. Bumper(L)Ex-New Fender Shield Fender Shield Bumper Brkt. Fender Mldg. Fender Mldg. Bumper Gd. Heodlomp Heodlomp Frt.System Headlamp Door Headlamp Door Frame Sealed Beam In-Out Sealed Beam In-Out Cross Member Cowl-Post Cowl-Post Stabilizer Windshield Mldg. Windshield Mldg. Wheel Door,Front Door,Front Hub Cop-Sm.-Lge. Door Hinge Door Hinge Hub 8 Drum Door Glass Door Glass Vent Gloss Vent Glass Knuckle Slip. Door Mldg. Door Mldg. Lr.Cont.Arm Door Handle Door Handle Lr.Cont.Shaft Center Post Center Post Up.Cont.Arm Door Rear Door Rear Up.Cont.Shaft Door Glass T-CI. Door Gloss T-Cl. Shock Door Mldg. Door Mldg. Tie Rod-Ends Rocker Panel Rocker Panel Steering Gear Rocker Mldg. Rocker Mldg. Steering Wheel Floor Floor Horn Ring Quar.Inner Const. Quor.Inner Const. Gravel Shield Quor.-Ext. Quar.-Ext. Pork.Light Quor.Panel Upper Quar.Panel Upper Rod.Grille,Ctr. Quor.Lower Ouor.Panel Lower Rad.Grille,Side Quor.Mld s. Quar.Panel Mld s. Grille Mldg. Quar.-Glass T-CI. Quar.-Glass T-CI. REAR MISC. Bumper Ex.-New Inst.Panel Bumper Brkt. Front Seat _ Horn Bumper Gd. Front Seat Tracks Baffle,Side Gravel Shield Rear Seat Baffle,Lower Lower Panel Headlining Baffle,Upper Floor Top Lock Plate,Lr. I I Trunk Lid Tire %Worn Lock Plate,Up. Trunk Lid-Hinges Trim Hood Top Trunk Handle Mldgs. Battery QG- Hood Hinge Toil Light I Point 0,7Material Hood Mldg. Tail Pipe-Muffler Ornament Bock Up Light antenna _ Rad.Sup. Frame-Crossmember Rad.Core Gas Tank Windshield CL Hub 8 Drum Rod.Hoses Axle-Housing Fan Blade Spring Fan Belt Control-Arms Water Pump-Pulley A—ALIGN N—NEW OH—OVERHAUL EX—EXCHANGE Motor Mts. RC—RECHROME U—USED S—STRAIGHTEN OR REPAIR Trans.Linkage Labor Hrs. s 7 INCLUDES ALL PARTS AND LABOR. IF ON CLOSER ANALYSIS IT 15 FOUND THAT AD- Parte f (gj OV - DITIONAL REPAIRS ARE NECESSARY,YOU WILL BE CONTACTED FOR AUTHORIZATION. _ 1-11 PHONE REVISED AMOUNT Tax f_ DATE TIME PERSON CONTACTED Sublet_ 3 I NAVE READ AND UNDERSTAND THE ABOVE ESTIMATE AND TERMS. 1 AUTHORIZE SERVICE TO BE PERFORMED, INCLUDING SUBLET WORK,AND ACKNOW- LEDGE RECEIPT OF THIS ESTIMATE. TOTAL S OWNER DATE PRINTERY CLAIM /45/1 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 May 17 , 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: $65 , 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT:PRE SCOTT JAY BOSWELL (A MINOR) AND ELLIOT RAY BOSWELL ( A MINOR) BY AND THROUGH THEIR GUARDIAN AD LITEM, PIETER K. WILLIAMS ATTORNEY:C/o Kathleen B. Perkins 1901 Railroad Avenue Date received April 19, 1988 ADDRESS: Pittsburg, CA 94565RKE�p BY DELIVERY TO CLERK ON BY MAIL POSTMARKED: April 18 , 1988 APR 1198 Certified P 249 951 060 1. FROM: Clerk of the Board of SupeiGOg34 CALIF. TO- County Counsel Attached is a copy of the above-noted claim. A ril 20 1988 pH IL BATCHELOR, Clerk �% GSC�� DATED. p , BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 114Atl 1 19f 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 ( (f 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. MAY 17 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. MAY 19 1988 V ' Dated: BY: PHIL BATCHELOR by putt' Clerk CC: County Counsel County Administrator KATHLEEN B. PERKINS ATTORNEY AT LAW 1901 Railroad Avenue,Suite C RECEIVEDt. ablo Boulevard P. O. Box 1577 Su a A-150 Pittsburg,CA 94565 r)? .l Lafaye T CA 94549 (415)432-6456 i 1 Ofd (41 283-7938 April 13, 1988 CLEJBAT ELOR P R .80RS By v T 004 Reply to: Pittsburg 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 give rise to the claim asserted: On or about January 31, 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 RE: BOSWELL TWINS April 13 , 1988 Page Two imprisonment and/or 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 on 1/13/88 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. RE: BOSWELL TWINS April 13, 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: April 13, 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 April 1)�, 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: 13 COUNTY OF CONTRA COSTA CLERK OF THE BOARD OF SUPERVISORS "CERTIFIED MAIL" 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 /42 April 1 1988, at Pittsburg, California. 18 19 JENNIFER M. O'SULLIVAN 20 21 22 23 24 25 26 27 28 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 May 1.7 , 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: GALLAGHER & BURK, INC. 344 High Street ATTORNEY: Oakland, CA 94601 RECEIVED Date received ADDRESS: BY DELIVERY TO CLERK ON April 8 , 1988 APR 1 �u BY MAIL POSTMARKED: April 7 , 1988 COUNTY COUNSEL MA2T1W;:7 �� 1. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: Apr-i-1-12 , 1988 BYIL DeputyLOR, Clerk L. Hall 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �' 2 Z / g�� BY: Deputy County Counsel 7 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD0 DER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. MAY 17 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. /� MAY 1 h n ab l/_ ' Dated: BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator LAW OFFICES OF MARTIN, RYAN & ANDRADA GERALD P. MARTIN,JR. A PROFESSIONAL CORPORATION JOSEPH D. RYAN ORDWAY BUILDING,SUIT@ 2275 J. RANDALL ANDRADA ONE KAISER PLAZA WENDY LARIVIERE JOLIE KRAKAUER OAKLAND,CALIFORNIA 94612 JILL J. LIFTER AREA CODE(415)763-6510 JEFFREY D. POLSKY April 6, 1988 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, California 94553 Re: Claim of Gallagher & Burk, Inc. East Bates Avenue Assessment District 1984-2 Contra. Costa County Work Order No. 5491 Dear Sir : I have been retained by Gallagher & Burk, Inc. , with respect to the above captioned claim. Alan McKean of Gallagher & Burk wrote on February 1, 1988 , and your Mr . Lowell Tunison replied on March 1, 1988, requesting further information. Gallagher & Burk is in the process of gathering and providing that information to Mr . Tunison. I am serving you with this Government Code Claim at the present time for procedural purposes. (Please return an endorsed, filed copy in the enclosed envelope. ) Until you hear otherwise, however, please continue to have Mr. Tunison deal with Gallagher & Burk directly as he has in the past. Very truly yours, MARTIN, RYAN & ANDRADA A Professional Corporation By JOSEPH D. RYAN JDR:gl Encls. cc: Gallagher & Burk, Inc. P. 0. Box 7227 Oakland, CA 94601 1 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 2 3 A. NAME OF CLAIMANT: GALLAGHER & BURK, INC. RECEIVED 4 B. CLAIMANT'S ADDRESS: 344 High Street G 198 P. 0. Box 7227 APR 5 Oakland, CA 94601 CL—R P I TF LOR SCIS 6 C. NOTICE TO BE SENT TO: GALLAGHER & BURK, C. 4TF R.Uty 344 High Street By 7 P. 0. Box 7227 Oakland, CA 94601 8 D. DATE, PLACE AND OTHER CIRCUMSTANCES OF OCCURRENCE: Contra 9 Costa County Public Works contract with Gallagher & Burk, Inc. , for the East Bates Avenue Assessment District 1984-2, Contra 10 Costa County Work Order No. 5491. As of this point in time, the claim is founded on the following events. The County contracted 11 for and gave notice to proceed on work for a road widening project when in fact the County did not have appropriate 12 easements. The County provided plans and specifications , which plans and specifications were defective and incomplete in that 13 they did not comply with requirements of other persons and entities, including but not limited to East Bay Municipal Utility 14 District, Contra Costa Water District, P. G. & E. , Pacific Telephone, and in that they did not show proper elevations and 15 locations for various items, including certain existing underground utilities, driveway conforms. As a result, 16 claimant 's work on the job was delayed, and interfered with. Deeper and general description of the indebtedness: 17 $1,025, 500. 00 plus interest. 18 E. NAMES OF PUBLIC EMPLOYEES: Lowell Tunison, Jeff Cameron and Kevin Carter. 19 F. AMOUNT CLAIMED: See D. Computation of damages is based upon 20 the costs normally and reasonably expected to be encountered in performing work of this type in comparison to the costs actually 21 incurred. See generally attached copy of February 1, 1988, correspondence. 22 MARTIN, RYAN & ANDRADA 23 A Professional Corporation 24 25 By JOSEPH D. RYAN 26 Attorneys for Gallagher & Burk , Inc. LAW OFFICES OF MARTIN, RYAN & ANDRADA •oaocssslon>-coPvoa>-lcn �P DWAl BUILDING SUITE 2275 ONE KAISER PLAZA MA LAND.CALIFORNIA 94612 'FEa CODE 1�15I 163.510 eJenexul State Ucense No 92,33 344 HIGH STREET OAKLAND , CALIFORNIA , 94601 - ?eee,6404e 261 - 0466 Kindly Direct Correspondence To: P.O. BOX 7227 OAKLAND,CALIF. 94601 February 1, 1988 Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553-4897 . Attn: Lowell-Tunison Senior Civil Engineer Construction Division Re: East Bates Avenue Assessment District 1984-2 Contra Costa County 'Work Order No. 5491 Gentlemen: In accordance with Section 9-1.04 c: the Standard Spe�-1.ficE: ions rplicab- to the above subject project, Gallagher & Burk, Inc. submitted t Contra Costa County on 10/7/86 a Notice of Potential Claim for damages suffered by: Gallagher & Burk, Inc. and its' subcontractors in the performance of the contract. The amount of the claim was not stated in the 10/7/86 letter as the full effect of the damages was not known at that time. Since then, the full effect of the damages has been determined and the claim can now be pur- sued to its' conclusion. The total of the claim is $1,025,500.00. The owner of a project is obligated to provide the contractor for that pro- ject with a complete and accurate set of plans and specifications. In the case of Contra Costa County with respect to the East Bates Avenue Assess- ment District 1984-2 project, such plans and specifications were not pro- vided. The failure on the part of Contra Costa County to provide such plans and specifications had significant impact on the efficiency of the perform- ance of the project and was a contributing factor in extending the time for completion of the project from 412 months to 20 months. The added costs and damages associated with this extension is obviously a considerable amount. A most fundamental obligation that the owner of a project has to d-e con- tractor of that project is to permit access to the work. Access problems involve situations where the contractor cannot perform any part of the work because the owner has failed to obtain the necessary permits or rights-of-way and has delivered the site to the contractor in a manner which forces a deviation from the planned progress of work. Such was the case with this project. A review of the bids received by Contra Costa County on 4/10/86 V GALLAGHER & BURK, INC. Contra Costa County February 1, 1988 Page 2 for the East Bates Avenue Assessment District 1984-2 project reveals &;at the low 5 bids received for the project were all within 4% of each other.. This indicates that all 5 bidders were relatively equal in their assessment of the available bid documents. There existed no indication on the plans or in the specifications that the project would suffer from the rights-of-way and permit delays that Gallagher & Burk, Inc. experienced and that the intended progress of work on a continuous basis would have to be scrapped. Gallagher &Burk, Inc. did not bid this project on a start/stop basis, which became the way in which the project was constructed. If the plans and specifications had in- dicated the extent of the rights-of-way and permit delays, the bid of Gallagher & Burk, Inc. would have more reflected the engineer's estimate of $2,902,997.00. But the plans and specifications did not indicate such, and the resultant added costs and damages are significant. n The number of changes in the underground sanitary sewer and storm drain systems and resultant change orders for extra work on the part of Gallagher & Burk, Inc. and its' subcontractors completely disrupted our schedule and were an indication of the extent of the inaccurate and inconnip]ete plans ant' =_pecj.fi.csticns provirlf::c1 by Contra Costa County for this project. The change orcers did nct come clos- to compensating Gallagher & Burk, Inc. and its' subcontractors for their added. costs. The unavailability of PG&E and PT&T working drawings made a shambles of Gallagher & Burk, Inc. 's schedule and caused Gallagher & Burk, Inc. and its' = subcontractors innumerable delays and damages. Likewise, the unavailability of working drawings for the EBMUD slab and the traffic signal causec added costs and damages for Gallagher & Burk, Inc. and its' subcontractors. Numerous rights-of-way delays (Eornis, Zocchi, CCCWD, etc.) and encroachment permit delays (Port Chicago Highway) created the most damaging situation. A planned continuous. operation became a piecemeal one. Starts and stops became too numerous to document. Excavation, grading, rock, concrete and paving operations were all effected. Damages to Gallagher & Burk, Inc. and its' sub- contractors were extensive. The 20 months necessary to complete this project was 152 months more than that originally anticipated. Much added expense was incurred by Gallagher & Burk, Inc., for which we have not yet been compensated for, to provide an additional 15 months of traffic control, flagging, barricades, remobilizations, overhead, insurance, restaking, roadway maintenance and bond premiums. This added cost is significant and is reflective of a 4z month project being delayed 152 months for reasons totally beyond the control of Gallagher & Burk, Inc. GAULAGHER & BURK, INC. Contra Costa. County February 1, 1988 Page 3 The cumulative impact of all of the above mentioned problems had an effect on the performance of the work which was much greater than the effect of each individual problem and much greater than the cost of the direct manhours needed to perform the work as changed. Specifically, the cumulative impact reflects the effect of the changed work conditions on - the unchanged work and the effect on the contractors' non-manual and overhead workforce. Again, damages to Gall=gher & Burk, .Inc. were extensive. Contra Costa County advertised for bids for the East Bates Avenue Assessment Distriict Project 1984-2 with an engineer's estimate of $2,902,997.00. This estimate was based on conditions (rights-of-way and permits delays) that were apparently known to the owner but were not conveyed to the contractor and shown on the project plans and specifications. Five bidders bid this project for less than $1.9 million, more than $1.0 million under the engineer's estimate, a fact that clearly indicates that the plans and specifications failed to convey to the bidders what the owner knew about the project. Gallagher & Burk, Inc. requests an immediate and satisfactory resolution of this claim. If you need further information and/or just ific-::tLion or would like tc- discuss the claim further, I or other representatives of Gallagher & Burk, Inc. would be available at your earliest convenience. If you feel that you are unable to respond favorably to this claim, I request that said claim be referred to arbitration in accordance with Section 9-1.10 of the Standard Specifications for proper resolution. Sincerely, GALLAGHER & BURK, INC. Alan E. McKean AEM/dt APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA CO(NTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT May 17 , 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. R�6i1VED Claimant: ARIELLE DOVE c/o Scott O' Brien, Esq. APR 151988 Attorney: Scott O'Brien, A Professional Corporation 2792 Diamond Street #2 �TM COUNSEL MARTINEZ, CALIF.Address: San Francisco, CA 94131 Amount: $781 , 000. 00 By delivery to Clerk on April 12 , 1988 Date Received: April 12 , 1988 By mail, postmarked on April 9, 1988 I. FROM: Clerk of the Board of Supervisors . 70: County Counsel Attached is a copy of the above noted Application o ile to Claim. DATED: Ap r i 1 14, 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). (x) The Board should deny this Application to File Late Claim (Section ��9��1``1.6). DATED: i j VICTOR WESTMAN, County Counsel, By &W,.Z //U,d Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 91.1.6). ( 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: MAY 17 1988 PHIL BATCHELOR, Clerk, By 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 attorney, u should do so immediatel . IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator t 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: MAY 19 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 1 SCOTT O'BRIEN, ESQ. WALTER RUNDIN, ESQ. 2 SCOTT O'BRIEN, A PROFESSIONAL CORPORATION 3 San2FDiamnd anciscoStCAet94131te Two (415) 586-4400 DECEIVED 4 APR 1 n 1988 5 FHII BATCHELOR j Attorneys for Claimant CLERK BOARDOfSUPER VliORS NIRA C TACO B Depuly 7 8 9 CLAIM OF: ARIELLE DOVE ) APPLICATION FOR LEAVE 10 V. ) TO PRESENT LATE CLAIM BY ARIELLE DOVE, CLAIMANT STATE OF CALIFORNIA, COUNTY ) (SECTION 911.4 OF THE 11 OF CONTRA COSTA, CITY OF ) GOVERNMENT CODE) . 12 RICHMOND, ) ) 13 14 TO THE COUNTY OF CONTRA COSTA, 15 1. Application is hereby made, pursuant to Govern- 16 ment Code Section 911.4, for leave to present a late claim 17 founded on the cause of action for personal injuries which accrued on October 24, 1987, for which a claim was not 18 19 presented within the 100-day period provided by Section 911.2 of the Government Code. For additional circumstances 20 relating to the cause of action, reference is made to the 21 22 proposed claim attached to this application. 23 2 . The failure to present this claim within the 100 day period specified by Section 911.2 of the Government Code 24 was through mistake, inadvertence, surprise and excusable 25 26 neglect on the part of her former attorney and the State of California, County of Contra Costa and City of Richmond was 1. 1 not prejudiced by this , failure, all as more particularly 2 shown by the attached declaration of Walter Rundin, attorney 3 at law. 4 3 . This application is being presented within a 5 reasonable time after the accrual of this cause of action, as 6 more particularly shown by the attached declaration of Walter 7 Rundin, attorney at law. 8 WHEREFORE, it is respectfully requested that this 9 application be granted and that the attached proposed claim 10 be received and acted on in accordance with Sections 912 .4- 11 913 of the Government Code. 12 . DATED: April , 1988. 13 LAW OFFICES OF SCOTT O'BRIEN 14 15 �`j// WALTER RUNDIN, Attorney 16 for Claimant ARIELLE DOVE 17 The address to which notices relating to this application are to be sent to: 18 SCOTT O'BRIEN, ESQ. 19 WALTER RUNDIN, ESQ. SCOTT O'BRIEN, A PROFESSIONAL CORPORATION 20 2792 Diamond Street, Suite Two San Francisco, CA 94131 21 22 23 DECLARATION OF WALTER RUNDIN 24 1. I am an attorney at law, licensed to practice 25 before all of the courts of the State of California, and am 26 attorney of record for claimant Arielle Dove. 2 . 1 2 . Our office was retained by .claimant Arielle Dove 2 on February 18, 1988. At that time the 100 day statute of 3 claim limitations had passed. Ms. Dove at the time of our 4 representing her represented herself, since on 12/30/87 her 5 former attorney, Arthur Mogilefsky of Forestville, 6 California, and she had terminated their attorney-client 7 relationship. Mr. Mogilefsky failed to present a claim based 8 on 'information he received through investigation of the 9 accident. 10 3 . On February 19, 1988, the day after our office 11 was retained, our office immediately contacted an investiga- 12 tor, and performed an extremely thorough investigation, 13 contacted local authorities, took photographs, obtained 14 photographs, obtained further reports which the former 15 attorney apparently had not obtained, and on or about March 16 28, 1988 we received an investigator's written report, with 17 numerous enclosures and recommendations that a governmental 18 claim be filed. Although our two attorney office was lacking 19 an attorney due to illness on March 31, 1988 and April 1, 20 1988, and was involved in trial of a personal injury matter 21 in San Mateo County Superior Court on April 4 and April 5, 22 1988, we have prepared the foregoing application and attached 23 proposed claim for immediate presentation, since upon 24 evidence obtained -by our investigator and our office we have 25 concluded that there is substantial liability on the part of 26 governmental entities described in the proposed claim and 3 . 1 foregoing applications to present late claim. The 100 day 2 limit expired February 1, 1988. No prejudice exists since 3 the CHP did an extremely thorough investigation, with aerial 4 and ground photos, interviews, diagrams, "the works" . 5 Executed this 6. rh day of �! , 1988 at 6A PR i� &ASan Francisco, California. 7 I declare under penalty of perjury that the foregoing 8 is true and correct, and that if sworn as a witness I could 9 testify competently thereto. 10 WALTER RUNDIN, 11 Attorney for Claimant ARIELLE DOVE 12 6684 .D 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. CLAIM AGAINST: COUNTY OF CONTRA COSTA CLAIMANT' NAME: ARIELLE DOVE ADDRESS: 6459 Barbara Drive Sebastopol, CA 94572 REPRESENTED BY AND NOTICE ADDRESS: SCOTT O'BRIEN, ESQ. LAW OFFICES OF SCOTT O'BRIEN 2792 Diamond Street, Suite Two San Francisco, CA 94131 (415) 586-4400 DATE OF ACCIDENT: 10/24/87 TIME: Approx. 2105 Hours LOCATION OF ACCIDENT: I-580 at or near approximately 37 feet west of South 13th St. , Richmond, California, in the generally westbound direction. DESCRIPTION OF ACCIDENT: Driver Andres Garcia Nunez was proceeding at said location in a generally eastbound direction and crossed the double-yellow line into the generally westbound direction. His vehicle struck a 1984 Honda Accord being driven by Lloyd Nicoleisen and then claimant's 1986 Ford Ranger pick-up. The design and construction of the interstate freeway at the accident location was confusing to driver Nunez and unsafe in a number of respects including, but not limited to, (1) the speed limit at 45 mph posted was too high and has subsequently been changed to 25 mph, (2) no warning of the "S-curve" immediately prior to the accident location was given to any driver', although such warnings are now conspicuously sign posted in both directions, (3) no barricades clearly marked the closure of South 13th Street, and this lack of warnings probably confused driver Nunez so that he thought he could turn left onto South 13th Street, (4) only one set of double yellow lines existed, although two sets of double yellow lines now run through the entire accident location, and the type of double yellow lines which existed at the time of the accident further led driver Nunez into thinking that he could turn left into South 13th Street, (5) the pavement surface provided him insufficient traction and caused the wheels of the vehicle driven by driver Nunez to slip and lose traction, despite the roadway having been dry and no defects having been noted by the investigating officers with respect to the vehicle being driven by driver Nunez, (6) through the "S-curve" immediately adjacent to the accident location, the level of the pavement shifted, and yet there was no warning of any dip to a driver in the position of driver Nunez, and (7) although there is plenty of room to have installed temporary centerline barriers on Interstate 580 in the immediate vicinity of this accident, and particularly as CLAIMANT: ARIELLE DOVE DATE/LOSS: 10/24/87 DATED: APRIL 6, 1988 PAGE TWO one approaches and leaves the "S-curve" turn immediately adjacent to the accident location, no barriers existed at the time of the underlying accident which barriers would have prevented this head-on collision. Construction, maintenance, and/or re-surfacing was being done or had recently been done at the accident location at or just before the time of the accident. Each of the foregoing conditions of the road constituted a dangerous condition which caused and/or contri- buted to the cause of this motor vehicle accident and therefore to the cause of the injuries and damages to claimant. Further- more, each of these dangerous conditions proximately resulted from the negligence of the State of California, andin particu- lar the California Department of Transportation (Cal-Trans) in negligently designing, constructing, and maintaining the streets, highways, freeways, and adjacent areas at and near the site of the accident, in the planning and execution of which the said governmental entities, and each of them, against whom this claim is brought, negligently selected, trained, super- vised, managed, and controlled independent contractors who assisted said governmental entities, and for whose negligence the governmental entities, and each of them, are liable (1) vicariously, (2) in the performance of nondelegable duties, and/or (3) in respondeat superior. Each of said governmental entities also negligently selected, trained, supervised, managed and controlled their own employees in the construction, main- tenance, and design of the accident location and immediate vicinity. Moreover, the governmental entities, their employ- ees, and said independent contractors, knew, or reasonably should have known, of the existence of said dangerous condi- tions, for at least three months, and in any event for a period of time sufficient to warn motorists of, or remedy, said dangerous conditions, and yet failed to do so. Moreover, the governmental entities against whom this claim is brought, and each of them, also created a nuisance, and allowed it to persist, and also breached their mandatory duties to inspect and repair within a reasonable time the said dangerous condi- tion of the accident site and adjacent areas as described herein. For which reasons, and due to which causes, and each of them, claimant was injured as described herein. NATURE OF INJURIES/DAMAGES CLAIMED: Claimant suffered bodily injuries including cervical disc herniation, sprain and strain, lumbar spine sprain and strain, with pain radiating to the hip and lower extremities, emotional distress, continuing, property damage to her vehicle and loss of use of personal property, loss of earnings and earning capacity in connection with the injuries and financial stress caused thereby. ' CLAIMANT: ARIELLE DOVE DATE/LOSS: 10/24/87 DATED: APRIL 6, 1988 PAGE THREE NAME AND/OR I.D. # OF PUBLIC EMPLOY- EES INVOLVED: Not presently known to claimant who will sue individual public employees as co- defendants and amend this claim when such names are learned. ITEMIZED DAMAGES: PAST MEDICAL AND INCIDENTAL EXPENSES (Est. ) $ 3 , 000. 00 FUTURE MEDICAL AND INCIDENTAL EXPENSES $ 50, 000. 00 PAST LOSS OF EARNINGS & EARNING CAPACITY (Est. ) $ 10, 000. 00 FUTURE LOSS OF EARNINGS & EARNING CAPACITY $100, 000. 00 PROPERTY DAMAGE (Est. ) $ 15, 000. 00 LOSS OF USE (Est. ) $ 3 , 000. 00 .PAST GENERAL DAMAGES $100, 000. 00 FUTURE GENERAL DAMAGES $500, 000. 00 TOTAL: $781, 000. 00 DATED: APRIL 6, 1988 LAW OFFICES OF SCOTT O'BRIEN SCOTT O'BRIEN ATTORNEYS FOR CLAIMANT ARIELLE DOVE 5510.D PROOF OF SERVICE BY MAIL -- C.C.P. 1013 (a) 1 2 I, BARBARA L. CACERES, declare that I am employed in the 3 County of San Francisco, California. I am over the age of 18 4 years and not a party to the within entitled action. My 5 business address is 2792 Diamond Street, Suite 2, San 6 Francisco, California. I am readily familiar with the 7 business' practice for collection and processing of corres- 8 pondence and documents for mailing with the U.S. Postal 9 Service, that a true copy of the attached document will be 10 deposited with the U.S. Postal Service at San Francisco, California, in a sealed envelope with postage fully pre-paid, 11 12 on the date set forth below in the ordinary course of business. 13 14 On April , 1988 I served the foregoing APPLICATION FOR LEAVE TO PRESENT LATE CLAIM BY ARIELLE DOVE, 15 CLAIMANT (SECTION 911.4 OF THE GOVERNMENT CODE) , and CLAIM 16 17 AGAINST COUNTY OF CONTRA COSTA on the parties noted below in said action addressed as follows: 18 19 COUNTY OF CONTRA COSTA Clerk, Contra Costa Board of Supervisors 20 651 Pine Street, Room 106 Martinez, CA 94553 21 22 I declare under penalty of perjury that the foregoing is 23 true and correct, and that this declaration was executed on 24 APRIL , 1988 at San Francisco, California. 25 26 ERES 1001: 003