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Home My WebLink AboutMINUTES - 05031988 - 1.21 ' 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 3 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 Supervisq (Paragraph IV below), given pursuant to Government' , (P/V Amount: 10, 000. 00 Section 913 and 915.4. Please note all "Warning 0 1b Q CLAIMANT: VICTOR VASQUEZ �, 33 Loftus 9� ATTORNEY: West Pittsburg, CA 94565 r '` Date received ADDRESS: BY DELIVERY TO CLERK ON April 1, 1988 hand 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. Ap ril Pp 4, 1988 HHIL BATCHELOR, Clerk DATED: 8Y: 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: ��j� L� /�/{',5 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 ( L/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: MAY 3 1986 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. gWA Dated: MAY 6 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel Co mi at .. s' • 100 DAY CLAIM CLAIM AGAINST: �'r n �"Jtl_ Czll��' .J LA. .✓}- `�;� %S 12A.� hereby presents a claim for damages against CLAIMANT'S ADDRESS IS : 3� L �y S Ls ' T�, {SI�,�o, CA Claimant desires that all notices or other communications with regard to this claim be sent to : LINDA FULLERTON, Attorney at Law, 145 Park Place, Point Richmond, California 94801 DATE OF OCCURRENCE: `, _) 3 , <<'j PLACE OF OCCURRENCE: cry «yj^d SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUMSTANCES : t 1 1 (.'ry%iy+u'%-._l � w� ��C,�:.tivz:,%v��S fi•.%1�1 �� k2,?� -- _ j � i�� r�- •.�. '' Gj► Cs�-, ;'l/,��►tea i. � • o� i P P Po Q� N •,4 r NAME AND CAPACITY OF EMPLOYEES OF IaA316.: -f AMOUNT CLAIMED: SPECIAL DAMAGES TO DATE: $ -2-00 (7 GENERAL DAMAGES TO DATE: $ I� 00 n0 ESTIMATED FUTURE DAMAGES : $ ZoC)D C)0 ESTIMATED TOTAL TO DATE: $ (0)DOC). 0 I declare under penalty of perjury that the above is true and correct Executed at Point Richmond, California on: LAN F LLERTON Attorney at Law 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 3 , 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 "WarningsRKIIM CLAIMANT: MONIQUE T. EARLEY APR 07 1983 215 Buchanan Road #156 ATTORNEY: Pittsburg, CA 94565 °DmW 0Wma MARTINEZ. CALIF. Date received ADDRESS: BY DELIVERY TO CLERK ON April 5 , 1988 BY MAIL POSTMARKED: March 31, 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 7 , 1988 PpHHIL BATCHELOR, Clerk DATED: P BY: Deputy 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: BY L•�Yvs 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 ( L/( 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: MAY 3 1988 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under. penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAY 6 1988 BY: PHIL BATCHELOR byX�uty Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Instructions to Claimant A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez , CA 94553 (or mail to P.O. Box 911, Martinez, .CA) . C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk' s filing stamps RECEIVED Against the COUNTY OF CONTRA COSTA) APR, 5 1988. or DISTRICT) / (Fill in name) ) CL H AT M q tr 3O The undersigned claimant hereby makes claim By " I Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) --�I_QJ_�- LQtte-�Y--- ---t�=-�--�=�--------------------------------- 2. Where did damage or injury occur? (Include city and county) ----------��---- ---- ---- - ------- --- -------- 3. How did the damage or injury occur (Give full details, use x ra sheets if required) Z, 0 )r�Z 007-y(,{ . � 04 � q t� - (t. � f)q in lC4L, owl . V -Fo � l� 06.. ! r r Vo w-ruc1 ri Yn of. h� r4 i,n�.e a 0 - n 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damae � "ur � cm l 5 to U hie) VL of wit r � r-e�.k.- over) I� �. �,a.►'L,e dt CLI r ca� o t- �cLr 5. - What, are the names of county or district officers, servants or employees causing the damage or in ury. V � ------------------------------------------------------------------------- 6 What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach tw�Q ��estim tes fo auto damage) �'O rp- l`': l 4e.r�GLLrj 1 -�.evhd a- Mf&r� 4r)& 4 n7) crtlwor� w n�- -j. Li ri4 r�-____ __ _ ___ ____________ ( ____ - 7. How was the amount claimed above computed Include the e^stim�41-tMlwy d�{- amount of any prospective- injury or damage. ) " -� loco k. aj�; L ;I ne-&rd �pCl. 46 �G�oc�- ( ►'1�0 C�ar of rLp cu r c rzyL 8. Names and addresses of witnesses, doctors and hospitals. Jrr� W705 Liz' q6l.�,A 9. As the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT .A } S ' t Govt. Code Sec. 910. 2 provides : "The claim signed by the claimant SEND TICES TO: `' (Attornd ) or b some person on his behalf. " Name and Address of Attorney aimant' s Si re c) A dress Telephone No. Telephone ************************************************************************** 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. " _ MAZZEI PONTUNC.-CADILLAC CO. 1530 West 10th St. - P.O. Box 519 Pe�nAc Body Shop 757-5600 ANTIOCH, CA 94509 Damage Report NAME %v v DAA'''TE 3^ -Is; BUS.PHONE PHONE RES: ^O/O3 ADDRESS ry r 'n `Q� CITY / `�- TATE ref_` ZIPIf YEAR , `'' MAKE,✓ G�ac MODEL T ,rL� I.D.NO./v � '9 yf�� PAINT CODE�� PROD.DATE /�_� TRIM ��e�� MILEAGE LICENSE NO. WRITTEN BY INS.CO. R.O.NO. CLAIM N0. P.O.NO. ADJUSTER LIC.NO. PHONE Deductible/Betterment f REPAIR LABOR PARTS REFINISH PAINT,MAT. STRTN REPL PARTS NECESSARY AND ESTIMATE OF LABOR REQUIRED HOURS @LIST HOURS 6 NET ITEMS 1 � 6 � 8 9 � p 3 ✓ r7 rrI Ca ' 32I3ZI I�6 ca 12 5 ff/v 6 , n 1416 7 ✓ e R �¢. . 5 /vac 8 C� il10, -5-/ , K- 1 3 Y 1 6 % 2 91 1jv�2,,J /x e f 10 ✓ c 61�- GAS/�Lb /G�i S SIS 12 13 _ �. 144 ` y �i uGs�tJI� 14 16 16 17 18 19 20 THIS ESTIMATE IS BASED ON OUR INSPEC- REVISE TION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED T/L TOTAL t�� AFTER THE WORK HAS BEEN STARTED. LABOR HRS OP(ti3AT $ qJ0 392 6/6- WORN OR DAMAGED PARTS WHICH ARE T/P TOTAL o5 % 3 PARTS LESS NOT EVIDENT ON FIRST INSPECTION MAY PAINT MATERIALS Q 3q q3 BE DISCOVERED NATURALLY THIS ESTIMATE P&M �! CANNOT COVER SUCH CONTINGENCIES TAX TAX PARTS PRICES SUBJECT TO CHANGE WITH OUT NOTICE. THIS ESTIMATE IS FOR IMME- SUBTOTAL SUBTOTAL Ii� I DIATE ACCEPTANCE. ESTIMATE GOOD FOR REVISED I30 DAYS ESTIMATE THANK SUBLET INSPECTED GRAND YOU GRAND BY DATE TOTAL TOTAL 1,420,33 886-07602 NORICK OKLAHOMA CITY �i�lc a ew mats 664, 9aa. CUSTOM AUTO PAINTING TELEPHONE 689-6117 2520 MONUMENT BOULEVARD - CONCORD, CALIFORNIA 94520 Date 3- /Z-. 19 NAME �A /P L� ADDRESS CITY PHONE Make_ �'� �� Year Serial No. Mileage—,,.License No.��Body Style Prod.Date REPAIR REPLACE ESTIMATE OF REPAIR LABOR HRS. PARTS SUBLET �T n yr Si �` �cc, s 7 9s -% iAl �r Z 00 TOTAL// � REMARKS: A91 2 HRS.OF LABOR @$ � PER HR.$ 2 PARTS S S Z Sr PAINT MATERIALS$ 2 $INSURANCE DEDUCTIBLE SUBLET$ �C SALES TAX S �{ BY: THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS ESTIMATE TOTAL$ OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED.AFTER THE ADVANCE CHARGES$ WORK HAS STARTED,WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST. - SPECTION MAY BE DISCOVERED. NATURALLY, THIS ESTIMATE CANNOT COVER SUCH Z CONTINGENCIES.PARTS PRICES SUBJECTTO CHANGE WITHOUT NOTICE.THIS ESTIMAT GRAND TOTAL$ FOR IMMEDIATE ACCEPTANCE. 4 THIS WORK AUTHORIZED BY NO CREDIT CARDS ACCEPTED. J' `i ) O 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 3 , 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 GovernmV. Cd* Amount: $100 , 000 . 00 Section 913 and 915.4. Please note all "Warnniing;f. `t►O CLAIMANT: NATHAN CHITWOOD �- �J9� c/o Robert P. Bailey Q d ATTORNEY: Attorney at Law 'ZQ 147 Chianti Place Date received ADDRESS: Pleasant Hill , CA 94523 BY DELIVERY TO CLERK ON April 5 , 1988 hand 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. A ril 7, 1988 PpHHIL. BATCHELOR, Clerk 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: 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. Dated: MAY 3 1988 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. MAY 6 1988 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator a 1 ROBERT P. BAILEY 147 Chianti Place 2 Pleasant Hill , CA 94523 3 Telephone (415) 944-5652 4 CLAIM OF NATHAN CHITWOOD 5 6 vs C AIM FOR INJURY 7 COUNTY OF CONTRA COSTA: 8 a Public Entity RECEIVED 9 APR, 5 1988. 10 TO: Board of Supervisors PH,LgATCHE OR CLERK BOARD OWo � VISORS CO TRA C ; 11 sr 1�a�rrc'�. ,r 12 1 . You are hereby notified that NATHAN CHITWOOD (Date of 13 Birth - August 11 , 1974) whose address is 1420 Renwal Road , 14 Concord , California 94521 claims from CONTRA COSTA COUNTY damages 15 for injuries in the amount of One Hundred Thousand Dollars 16 ($loo ,000) . 17 2 . This claim is based on personal injuries and severe 18 emotional distress sustained by claimant on January 7 , 1988, 19 January 8 , 1988 and January 9 , 1988 at the County Juvenile Hall 20 located on Glacier Drive , Martinez , California under the 21 following circumstances . 22 3 . The claimant , a minor , was placed in temporary custody 23 in a sleeping room at the County Juvenile Hall by public 24 employees of Contra Costa County. The occupants of the sleeping 25 room were known to the public employees as persons who sexually 26 abused other occupants of the County Juvenile Hall . Said public 27 employees, due to their employment duties , had a special 28 relationship with the claimant and therefore had a duty to 1 protect the claimant from harm and injury. Said public employees 2 breached this duty by failing to protect the claimant and allowed 3 the occupants to sexually abuse the claimant over a period of 4 three days. By these actions the public employees violated the 5 civil rights of the claimant . 6 Due to the physical condition of the sleeping rooms, i . e . 7 the blocked windows and doors that prevented observation and 8 control of the actions and activities of the sleeping room 9 occupants and the over crowded conditions the public entity and 10 its employees created a dangerous and hazardous condition in that 11 they could not supervise and protect .the occupants. These acts 12 were a direct and proximate cause for the injuries to the 13 claimant . 14 4 . The names of the public employees are currently unknown. 15 5 . The injuries to the claimant are physical , emotional and 16 psychological . The expense of medical treatment and counselling 17 are presently undetermined . 18 6 . All notices and communications with regard to this claim 19 should be sent to ROBERT P. BAILEY , Attorney at Law, 147 Chianti 20 Place, Pleasant Hill , California 94523 , Telephone (415) 944-5652 . 21 DATED: April 5 , 1988 22 23 24 OBERT P. BAILEY 25 26 27 28 h_> AMBNDED-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 3 , 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� Amount: $500, 000. 00 Section 913 and 915.4. Please note all "Warnings'. C1�W CLAIMANT: ALVINO MIRANDA APR 041988 P .O. Box 512 CM#AY coin ATTORNEY: Fort Bragg, CA 95437 MAU94M CALIF. Date received ADDRESS: BY DELIVERY TO CLERK ON March 31, 1988 BY MAIL POSTMARKED: March 28 , 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 4, x.988 PpHHIL BATCHELOR, Clerk GATED: P BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (]() This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) 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: �AZj L /9 gN 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 ( v} This Claim4is 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: MAY 3 1988 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAY 6 19W BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator a P. 0. Box 512 Fort Bragg, California 95437 March 26, 1988 Phil Batchelor, RECEIVED Clerk of the Board and County Administrator 3 119gg Contra Costa County MAR Board of Supervisors County Administration Building visors 651 Pine Street - Room 106 °LE : c 8 L... ...� ....•.- •. Martinez, California 94553 Dear Mr. Batchelor: The 100-day limitation, like all statutes of limitations, begins to run from the date of discovery. This is particularly true when there has been fraud or failure to perform the duty of notification as in the present case. Although the date of occurrence is November 4, 1987, the date of discovery is December 15, 1987 . December 15, 1987 is well within the 100-day limitation. For the above reason, I am returning this claim for your consideration. If you will read the last paragraph on page two, you will see that I make reference to December 15, 1987. Please bring your decision in line with the Federal and California case law and consider this claim as timely filed. Further, in paragraph 3, I make reference to 1983. That date should be changed to 1985 . Also, commitment is misspelled. Sincerely, Alvino A. Miranda ThP oard of Supervisors Contra °1iNBsheBow C4 of the Bowe en0 County Administration Building Costa c°"np AIe151 6e46•X37 6.2371 t 651 Pine St..Room 106 County Martinez,California 94553 Tom vows 19101111110 Namy C.iehdon.2ne Distract A~1.ScwocW 3,0 D-sn-ci stun"MhVW McPeek n"DWI V Tem Tenets"SP Dn".ct 4 TO: Alvino Miranda P.O. Box 512 Fort Bragg, CA 95437 NOTICE TO CLAIMANT (Of Late-Filed aim) (Government Code Section 911.3) (70) The claim you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the X County of Contra Costa and/or District, on March 9, 1988 is being returned to you herewith because it was not presented within 100 days after the event or occurrence as required by law. (See Sections 901 and 911.2 of the Government Code.) Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay to the Board of Supervisors (in its capacity noted above) for leave to present a late claim. (See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. ) Under some circumstances, leave to present a late claim will be granted. (See Section 911.6 of the Government Code. ) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attor- ney, you should do so immediately. TO BE FILLED IN BY THE CLERK OF THE BOARD ONLY IF APPLICABLE: ( ) Since a portion of your claim is not untimely, we are retaining a copy of your claim for Board action on that portion of your claim which is not untimely. Phil Batchelor,Clerk of the Board of Supervisors and County Administrator By: r ! `�'Z'�-- Deputy ClerT Date: March 24, 1988 f CLAIM AGAINST THE COUNTY OF CONTRA COSTA (Pursuant to Section 910 et Seg. , Govt. Co RECEIVED TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COS MAR 9 1988. ATTENTION• Clerk of the Board g� Map CLERK TRAAT 9U IRROVI80RS B i0.1° ST 09puty 1 . Claimant' s Name ,,1,,, �� xw.w, \ 1.,a f� �?e�,x� �o•.o.� Claimant ' s Address Claimant 's Phone No. 2 . Post Office address to which Notices are to be sent : 3. Occurrence: Date: o ,\qg'1 Place: \Circumstances -�of Occurrence or Transaction giving rise \to .�Claim: 10 \'\B� C�n.��t+C�C.t�\vc. ••�n�e•• 1w�\\`!\ acds5 �o�c�.Qom.. �\am\,w w�x�.o a itis.\b. `h.1.. TQlh \ (1 `\w . \\ta Csr `r4M Ow.a Own OJ.(�\VW�A 6S Min VY�a�W!'c �w1NA WAS 4Q4, 4 . General description of indebtedness , Obligation, Injury, Damage 1 or Loss Incurred so far as is now known: lzl� Cvrxe 5. Name or Names of Public Employee or Employees causing Injury, Damage or Loss, if known: yo 6. Amount claimed now . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5oo� Estimated amount of future loss, if known . . . . . . . . . $�� ,T TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ SDO .t�bC> 20 — 7. Basis of above computations 1.v. \ n.J��r..n� .\7\�••w cc (.43 CLAIMANT'S SIGNATURE C' \ d �Cbgte,•r� �\ 'w Or`� 0....0 O.T.e.�� \Y�.r� �MIS�L.��A k�h �`�\ �+\� S•• �N O.`CW. \W�\\ C,`ho�\+C�.S. �\� �co�•`•c� �Y\cVa \I+JOt� �.rv��OY w.L�1�,� �h�AJ��p� �yA..� �\Ov�. \pr,r-+\�\ \�� e�Sc�\nO.�s � �a.\��-�u- 6�.�. Se.�.S,5�.�,c.ro\•.� �. �6Yw�� .a �.\\,s 0.�,�..�„S S �'i'Ct\�.r d.N,�2.�,�,.,,.�y�`o�a2�\•_ �T.�\ -'�7\e�y..�., WO �Y\�0.13J..�,\ ,,,,-'�..N �..c��'��.Rk\V�.. �'M 4`tK54.0 Se �M.l� `tom Or•.� \W�p `p�haQx Gvwy��e �►�\ \M�► y` `r �+.�O,S�ob \��G.4,0 aw�.�a\a c...�� S�C.Grwa4D `t1v ecu\WOK \s u..ca,Ytur \o aD S;' ( \►Y�, J \ u.\\..�,� ��c„e``�c�e\c,... o....� -�aY- r��w�,,� �.a,�Go \:.►o.1�\\�� E4.A►�p\en-e. -�•a. a..tw� �.s� ��.4. a"o��'►.A..o ��.,.\� Q.-O��,-C.. sA.�nw� '�`^t� G�,,r� CA.oc.�,,,� a..�.�,.,,''CC�.� w.y moo.,, �a\�.�� Q'��Qll\vin\A�� 211 �4A�0�\ SV Cu�J. 11L �At .Z�w� titz , w•4 V.." s e.w `rc c ur clS�p � o�•+e„o Y'�A\� e,xo,,.,;,.,.,.,�, 6. �G+O.�..��.,-�, � �iR,C.�1+Os�+.'� w...� a.a� �A4 �A` �Q.'K� �!.s�.1\\►.� 2 - 9- 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 3 , 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 Gover,nme�nt,%de Amount: Unspecified Section 913 and 915.4. Please note all "Warnnr- 0A CLAIMANT: DANIEL J. CARLEVARO 'k O'41 c/o Robert A. Bragg, Esq. ATTORNEY: Baraban & Bragg 2 Embarcadero Center #880 Date received ADDRESS: San Francisco, CA 94111 BY DELIVERY TO CLERK ON March 30 , 1988 BY MAIL POSTMARKED: March 29 , 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. A ril 4, ' Pp 1988 HHIL BATCHELOR, Clerk 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: �� /�� r Deputy County Counsel Dated: BY: 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. MAY 3 '1988 Dated: PHIL BATCHELOR, Clerk, By Khk 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 6 I�Oo� BY: PHIL BATCHELOR by V 161& Deputy Clerk CC: County Counsel County Administrator } RECEIVED 1 BARABAN & BRAGG Two Embarcadero Center, Suite 880 MAR 3 0 1988 2 San Francisco, CA 94111 (415) 954-1850 PKLSATCHEIOR ° ERK BOARD Of SUPERVISORS 3 ' ,f10 A OST C Attorneys for Defendant and Cross-Complainant Deputy 4 Daniel J. Carlevaro 5 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF CONTRA COSTA 9 MARY SEWELL and RUSSELL SEWELL, 10 Plaintiffs, NO. C88-00247 11 vs. NOTICE OF CLAIM TO PUBLIC ENTITY, GOVERNMENT CODE 12 DANIEL J. CARLEVARO, et al. , SECTION 901, 910, 911. 2 13 Defendants. 14 TO THE COUNTY OF CONTRA COSTA: 15 (a) Claimant: DANIEL J. CARLEVARO 16 5701 Barrett Street E1 Cerrito, CA 94530 17 (b) Notice Should Be Sent To: 18 Robert A. Bragg, Esq. 19 BARABAN & BRAGG Two Embarcadero Center, Suite #880 20 San Francisco, California 94111 21 (c) Date and Place of Circumstances of Occurrence: 22 Plaintiffs MARY and RUSSELL SEWELL, filed a complaint for 23 damages No. C88-00247 in the Superior Court of California, County 24 of Contra Costa, a copy of,that complaint is attached hereto as 25 Exhibit "A". Plaintiff MARY SEWELL alleges that on April 21, 26 27 28 1 1987, she was walking on a sidewalk near 5701 Barrett Avenue in 1 E1 Cerrito when, as a result of the dangerous condition of the 2 sidewalk, she fell suffering personal injuries and consequent 3 hospital and medical expenses. In addition, plaintiff RUSSELL 4 SEWELL is alleging damages for loss of consortion. Plaintiff's 5 have named DANIEL L. CARLEVARO as a defendant in this action. On 6 or about February 2, 1988, defendant DANIEL L. CARLEVARO was 7 served with the above mentioned complaint for damages. Claimant 8 DANIEL L. CARLEVARO claims it was the County of Contra Costa 9 which had a duty to maintain the sidewalk in proper condition and 10 is therefore liable for plaintiff's injuries. 11 (d) General Description of Indebtedness Obligation, Injury, 12 Damage or Loss: 13 Claimant DANIEL L. CARLEVARO claims he has a cause 14 of action for either complaint equitable indemnity or partial 15 equitable indemnity against the County of Contra Costa arising 16 out of the SEWELL complaint for damages. 17 (e) Name of Public Employees Causing Injury, Damage or Loss: 18 Unknown at this time. 19 (f) Amount Claimed: 20 Claimant DA'N'IEL L. CARLEVARD is presently unaware 21 of the total damages being claimed by plaintiffs. Plaintiff 22 claimed she severely broke her right wrist, there is nerve damage 23 and she will be in need of future surgery. Claimant DANIEL L. 24 CARLEVARO claims he is entitled to be indemnified by the County 25 of Contra Costa for any amounts claimed by the plaintiffs, 26 providing judgment as against CARLEVARO and for plaintiffs, or in 27 the alternative, should DANIEL L. CARLEVARO and the plaintiffs 28 2 enter into a good faith settlement. 1 2 DATED: March 28, 1988 BARABAN & BRAGG 3 4 5 By Colleen M. Hoy 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 a •1 PROOF OF SERVICE BY MAIL (C.C.P. Sections 1013a, 2015. 5) 2 I declare that: 3 I am a employed in the City and County of San Francisco; 4 I am over the age of eighteen years and not a party to the within 5 entitled action; my business address is Two Embarcadero Center, 6 Suite 880, San Francisco, California 94111. 7 On March 29, 1988, I served the within Notice of Claim to 8 Public Entity, Government Code Section 901, 910, 911.2 on the 9 listed addressee attorneys in said action, by placing a true copy 10 thereof enclosed in a sealed envelope with postage thereon fully 11 prepaid, in the United States mail at San Francisco, California, 12 addressed as follows: 13 Clerk of the Board of Supervisor 14 651 Pine Street, Room 106 Martinez, CA 94553 15 I declare under penalty of perjury under the laws of the 16 State of California that the foregoing is true and correct. 17 Executed March 29, 1988,�atSan Francisco, California. I 18 19 Valerie Cruz 20 21 22 23 24 25 26 27 28 CLAIM � 30ARD 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 3 , 1988 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $50, 000. 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: JOACHIM RASMIJN, A MINOR c/o Martin J. 'Jarvis, Esq. ATTORNEY: 685 Market St. San Francisco , CA 94105 Date received ADDRESS: RICENM BY DELIVERY TO CLERK ON April 14, 1988 CC APR 151988 BY MAIL POSTMARKED: April 13 , 1988 COUNTY COUNT. Certified P 478 112 194 I. FROM: Clerk of the Board of Sup F. TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: April 14,-, 1983 BYIL DeputyLOR, Clerk L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (X) Thi claim complies substantially with Sections 910 and 910.2. 14 ( ) 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: /� �7 a o . 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 Ate!AA1�J11D�,b (�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 3 1988 C: 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 6 1988 BY: PHIL BATCHELOR by 4 eputy Clerk CC: County Counsel County Administrator co IK ` Martin J. Jarvis M ' I Attorney at Law The Monadnock, Suite 400 County Counsel 685 Market Street APR San Francisco, CA 94105 I �•1988 (415) 543-0666 Martinez, CA 94553 April 13 , 1988 R CEI Victor J . Westman, Esq. QED Contra Costa County Counsel �I]✓'i{ County Administration Building Idn� 651 Pine Street P.O. BOX 69 y K ` e HE Martinez , CA. 94553 By v•, • o`sO eAufy Re : Claim of Joachim Rasmiin. a minor Dear Sir: Over the signature of Deputy County Counsel Mary Ann McNett , I received in the mail from your office a "Notice of Insuf- ficiency and/or Non-Acceptance of Claim" of Joachim Rasmijn, a minor (under the age of 14 years ) . You state in Item 4 of vour said Notice that the claim fails to state the names of the public employees causing the iniury, damage or loss , if known. Under Item 7 in vour said Notice , you further state "If known, please state names of medical staff providing care to claimant on 2/5/8811 . Please be advised that the identity of the public employees causing injury, damage or loss in addition to Dr. John Doe Mandel identified in said minor' s claim are not known to claimant , his mother or his attorney. Please note further that the names of the medical staff providing care- to claimant on 2/5/88 are also unknown to claimant , his mother or his attorney. I believe that the claim submitted on behalf of Joachim Rasmijn, a minor under the age of 14 years , was in all particulars , a sufficient claim under the laws of this state to apprise the County of Contra Costa of the nature and the basis of said minor' s claim. The minor and/or his mother and/or his attorney are . not required to state what is unknown to them in connection -1- Victor J . Westman, Esq . Page Two April 13 , 1988 with the minor' s claim nor is it required under the statute that claimant is to state what is unknown to him or his personal representatives . The claim statute is not designed to be a trap for the unwary as held by the California Supreme Court . The reason we have not vet obtained the identity of the public employees causing the injury, damage or loss to Joachim Rasmijn or the names of the medical staff providing care to said claimant on 2/5/88 is that we have not yet been favored with legible copies of the hospital and medical records prepared under the direction and control of the health providers employed by Contra Costa County who mistreated and mis-diagnosed said claimant as set forth in the claim. I also notice that a copy of your "Notice of Insufficiency and/or Non-Acceptance of Claim" was sent to Risk Management ' s (Insurance Carrier) representative. In this connection, there is sufficient information set forth in Joachim Rasmijn' s claim to enable your Risk Management personnel to investigate & decipher the names of the medical staff providing care to said claimant on 2/5/88 and in addition the names of the public employees causing the injury, damage and loss to claimant . Upon performance of your duty to investigate the facts set forth in this claim, we expect that the County will accept the claim. In the event that we do not hear from you within the next 45 days , we will deem the claim rejected by the County and will proceed with a formal action on behalf of the minor claimant as provided by law. Sinc ely v , M tin a vis MJJ/fbp Martin J. Jarvis Attorney at Law The Monadnock, Suite 400 685 Market Street San Francisco, CA 94105 (415) 543-0666 March 10, 1988 TO IT MAY CONCERN: Re: Claim of Joachim Rasmijn By His Mother and Natural Guardian Mavis Van Den Hout and Claim of Mavis Van Den Hout Dates of Loss: On or About 1/29/88 Gentlemen: Please find enclosed in duplicate original a claim against you by Joachim Rasmijn, a minor, and claim for consequential damages of his mother and natural guardian, Mavis Van Den Hout. These claims are presented and filed with you under applicable law. Kindly acknowledge receipt of these claims by returning a stamped receipted copy to the undersigned in the envelope enclosed for your convenience in reply. Thank you for your courtesy, I remain, Sincerely yours, aKJ. rv- MJJ:cp Enclosures cc: Mrs. Mavis Van Den Hout CLAIM AGAINST MUNICIPALITY OF PUBLIC AGENCY To: Clerk of the Board of Supervisors Contra Costa County, California Contra Costa County Health Services Merrithew Memorial Hospital and Clinics Martin Luther King, Jr. Family Health Center and Dr. John Doe Mandel CLAIM OF JOACHIM RASMIJN, A MINOR AGED 13 BY HIS MOTHER AND NATURAL GUARDIAN, MAVIS VAN DEN HOUT Claimant is: Joachim Rasmijn, a minor born 2/04/75, residing with his mother and natural guardian, Mavis van Den Hout at 2863 Esmond Avenue, Richmond, California 94804. Telephone: Care of their attorney, Martin J. Jarvis, Esq., 685 Market Street, San Francisco, California --94105; telephone: (415)543-0666. Basis of the Claim: Said minor, above named, suffered traumatic injury to his left lower extremity on 1/29/88. On said date, the respondents, Martin Luther King, Jr. Family Health Center, 101 Broadway, Richmond, California 94804 and Dr. John Doe Mandel of that medical facility, undertook to treat said minor for his said injuries. Said medical facility and Dr. Mandel were each negligent in and about the medical attention given to said minor on that date in failing to diagnose and properly treat fractures of said minor's left lower extremity. Thereafter, on or about 2/5/88, the respondent Contra Costa County Health Services - Merrithew Memorial Hospital and Clinics at Richmond, California, undertook to render proper medical attention 1 to said minor for his injured left lower extremity. Then and there said medical and hospital facility did undertake to diagnose, examine and treat said minor for the injuries to his left lower extremity. Said respondent, Contra Costa County Health Services - Merrithew Memorial Hospital and Clinics at Richmond, California was negligent in its said undertaking and provided sub-standard medical and hospital attention and treatment for said minor thereat, all to said minor's damage and to the consequential damage of his mother and natural guardian, Mavis M. Van Den Hout, residing with said minor child at the above address. The Nature and Extent of Damages: The minor claims general damages in the amount of $50,000; his mother and natural guardian, Mavis M. Van Den Hout claims special damages in the amount of at least $250 to date and continuing for appropriate medical and hospital care for her son's said injuries. The minor also claims special damages in an amount as yet uncertain for impairment of the value of his time as a student currently and for future wage loss by reason of such impairment occasioned by the negligence of the respondents and each of them herein. - The claimants are presented by attorney Martin J. Jarvis, 685 Market Street, Suite 400, San Francisco, California 94105, telephone: (415) 543-0666. The respondents are (1) Martin Luther King, Jr. Family Health Center, 101 Broadway, Richmond, California 94804 and its staff physician, Dr. John Doe Mandel at the same address. The other respondents are Contra Costa County Health Services - Merrithew 2 Memorial Hospital and Clinics of Richmond, California, telephone: (415)374-3021 . Claimants are informed and believe and therefore state that each of said respondents is a municipal corporation or a county (a political subdivision of the State of California) and or a local agency of the State of California. The answer to these claims should be addressed to the attorney for said claimants at his above address. DATED: MARCH 10, 1988 JOACHIM RASMIJN Mavis Van Den Hout, His Mother and Guardian r MART J. JA VI ATTO NEY FO /ANTS 3 CLAIM AGAINST MUNICIPALITY RECEIVED OF PUBLIC AGENCY MAR 2 9 1988 PHIL BATCHELOR CLERK BOARD OF SUPERVISORS To: Clerk of the Board of Supervisors B connRACOSTACo. Deputy Contra Costa County, California Contra Costa County Health Services Merrithew Memorial Hospital and Clinics Martin Luther King, Jr. Family Health Center and Dr. John Doe Mandel CLAIM OF JOACHIM RASMIJN, A MINOR AGED 13 BY HIS MOTHER AND NATURAL GUARDIAN, MAVIS VAN DEN HOUT .Claimant is: Joachim Rasmijn, a minor born 2/04/75, residing with his mother and natural guardian, Mavis van Den Hout at 2863 Esmond Avenue, Richmond, California 94804. Telephone: Care of their attorney, Martin J. Jarvis, Esq., 685 Market Street, San Francisco, California 94105; telephone: (415)543-0666. Basis of the Claim: Said minor, above named, suffered traumatic injury to his left lower extremity on 1/29/88. On said date, the respondents, Martin Luther King, Jr. Family Health Center, 101 Broadway, Richmond, California 94804 and Dr. John Doe Mandel of that medical facility, undertook to treat said minor for his said injuries. Said medical facility and Dr. Mandel were each negligent in and about the medical attention given to said minor on that date in failing to diagnose and properly treat fractures of said minor's left lower extremity. Thereafter, on or about 2/5/88, the respondent Contra Costa County Health Services - Merrithew Memorial Hospital and Clinics at Richmond, California, undertook to render proper medical attention 1 to said minor for his injured left lower extremity. Then and there said medical and hospital facility did undertake to diagnose, examine and treat said minor for the injuries to his left lower extremity. Said respondent, Contra Costa County Health Services - Merrithew Memorial Hospital and Clinics at Richmond, California was negligent in its said undertaking and provided sub-standard medical and hospital attention and treatment for said minor thereat, all to said minor's damage and to the consequential damage of his mother and natural guardian, Mavis M. Van Den Hout, residing with said minor child at the above address. The Nature and Extent of Damages: The minor claims general damages in the amount of $50,000; his mother and natural guardian, Mavis M. Van Den Hout claims special damages in the amount of at least $250 to date and continuing for appropriate medical and hospital care for her son's said injuries. The minor also claims special damages in an amount as yet uncertain for impairment of the value of his time as a student currently and for future wage loss by reason of such impairment occasioned by the negligence of the respondents and each of them herein. The claimants are presented by attorney Martin J. Jarvis, 685 Market Street, Suite 400, San Francisco, California 94105, telephone: (415) 543-0666. The respondents are (1) Martin Luther King, Jr. Family Health Center, 101 Broadway, Richmond, California 94804 and its staff physician, Dr. John Doe Mandel at the same address. The other respondents are Contra Costa County Health Services - Merrithew 2 Memorial Hospital and Clinics of Richmond, California, telephone: (415)374-3021 . Claimants are informed and believe and therefore state that each of said respondents is a municipal corporation or a county (a political subdivision of the State of California) and or a local agency of the State of California. The answer to these claims should be addressed to the attorney for said claimants at his above address. DATED: MARCH 10, 1988 JOACHIM RASMIJN ' Oilr ��G Mavis Van Den Hout, His Mother and Guardian Z MAR N J. J ATTORNEY FMRIMANTS 3 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ,1r Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May 3 , 1988 aO,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 Amount: $5 ,000 - 00 Section 913 and 915.4. Please note all "Warn*KMVED CLAIMANT: JENNY WEST APR 071988 c/o Norman Franklin ATTORNEY: P.O. BOX 2321 cwu m o xma Berkeley, CA 94702 Date received MARTLNEZ. CYWF. ADDRESS: BY DELIVERY TO CLERK ON April 4, 1988 hand del . BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: April 7 , 1988 BY: Deputy i 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: �f x.2 /�� BY: ( ' 'Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (/This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. MAY 3 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 a Notice to Claimant, addressed to the claimant as shown above. IIAY 6 1988 Dated: BY: PHIL BATCHELOR by c 4,Z/—.Deputy Clerk CC: County Counsel County Administrator :LAIM TO: _ .. �,fBOARD OF SUPERVISORS OF CONTRA :.OSTA COUNTY Instructions to Claimant Return original application tc Clerk of the Board 651 Pine St.. Roan 106 Martinez. CA 94553 Claims relating to causes of action for death oi*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) 3. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Kartinez, California 94553. 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. 0. If the claim is against more than one public entity, separate claims must be filed against each public entity. , E. !'rand. See penalty for fraudulent claims, Penal Code Sec. 72 at end of-TFiis form. •*•elette*t*t•w•�••�:*.•:**:•�*•s�*esu►•se••:�e�•*•.*e•*.�•�t*:��►��•t• RE: Claim by )Resery g stamps MRS. JENNY WEST ; RECEIVED 16'v'-d d�� APR-4 1988 Against the COUNTY OF CONTRA COSTA) �: - S 'P t7-1 FHIL��jAT-HELOR or DISTRICT) CLERKB�NF S ACO t50.11 (Filln name ) sy R..CtT_ C:`u a cc 'u_ Deputy The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 5,000 .00 and in support of this claim represents as follows: I. irFien aha tie damage or In3ury occur? ZGive exact date •na fiourj DECEMBER 31. 1987, 8:OOA.M. ere aid ti`ie damage or �n3ury occur? ZInclu�e city dna county] T_-VACANT LOT BET6JEEP�_2I38__ � _�OJIL�1Ci�2W.�Y��'�BLC i.j" [1 L6-_P�rr;L.J, 140-0 -44 3. Now did the barrage oz In ury occur? Give u �etaila, use extra` sheets if required) THE IDENTIFIED PARCEL IS THE ONLY ACCESSIBLE EASEMENT TO AND FROM CLAIMANT"S GARAGE, AND WAS CLUTTERED WITH DEBRIS ON THE DAY OF THE ACCIDENT, RESULTING IPJ INJURY TO CLAIMANT's BACK, HIP, THIGH, KNEES AND OTHER INJURIES. a."ilfiat`part�eula=act oi`omis`slon`ontfie`part o `coun'ty`oi`aistrlct"` officers, servants or employees caused the injury or damage? CONTRA CONSTA COUNTY HEALTH SERVICES DEPARTMENT OF THE ENVIRONMENTAL HEALTH DIVISI011 WAS TIMELY NOTIFIED OF THE PARCEL'S CONDITION PRIOR TO THE ACCIDENT BY CLAIMANT. A DEPARTMENT AIDE, KATHY MURPHY, PROMISED ACTION BUT NOTHING HAPPEN. (over) 5° ` What are the names of county or district officers, servants or' ' employees causing the damage or injury? SEE 4 . _ 6. Wiat aamage or ln3uries do you claim resulte3? ZGlve dull extent of in' ries or damages claimed. Attach two estimates for auto damage SEE #3, PLUS MENTAL AND EMOTIONAL STRESS, PAIN AND SUFFERING, MEDICAL EXPENSES. ETC. ------------------------------------------------ --------- -- _-- 7. How was the amount claimed above computed? Include the estima--ted amount of any prospective injury or damage. ) COMPUTED ON THE BASIS OF THE AFTER EFFECTS OF THE ACCIDENT REQUIRING MEDICAL ATTENTION. ------------------------------------------------------:------------------ 6. NamQb and addresses of witnesses, doctors and hospitals. .. TO BE PROVIDED WITH DOCUMENTS. �. List tie expenditures you, made on account of this accident or injury: DATE ITEM AMOUNT SAME AS #8 Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: or by some person on his behalf. " Name and Address 4fX=%0M 'W NORMAN FRANKLIN C a ants Signature P.O. BOX 2321 5 FOOTKILL BOULEVARD BERKELEY, CA. 94702 Address RICHMOND. CA, 94804 Telephone No. Telephone No. (415) 737-0736 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. "