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HomeMy WebLinkAboutMINUTES - 06141988 - 1.2 (2) - APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT June 14, 1988 Against the County, Routing ) The copy of this document mailed to you is your and Board Action.) notice of the action taken on your application by (Ali 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. CL•. LcunscI Claimant: BERTHA ROBERTSON c/o John W. Larson lf'AY 2 1938 Attorney: Attarney at Law 1655 North Maint St. #200 E�uriir�;�, t;E:� 9+533 Address: Walnut Creek, CA 94596. Amount: Unspecified By delivery to Clerk on May 23 , 1988 Date Received:May 23 , 1988 By mail, postmarked on May 20, 1988 Certified I. FROM: Clerk of the Board of Supervisors 70: County Counsel Attached is a copy of the above noted Application to Fil @ Late Claim. DATED: May 24, 1988 PHIL BATCHELOR, Clerk, By puty 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). Q( f The Board should deny this Application to File Late .Clalm e ion 9 .6). DATED:�I VICTOR WESTMAN, County .Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( � This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: JUN 1 4 1988 PHIL BATCHELOR, Clerk, By �� Deputy WARNING (Gov. Code $911.8) If you wish to file a court action on this matter, you must first petition. the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Goverment Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately.__ IV. FROM: Clerk of the Board TO: 1 County. Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: JUN 17 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 I JOHN W. LARSON Law Offices of John W. Larson RE!� �� 2 1655 North Main Street, Suite 200 Walnut Creek, California 94596 CES +I v a i.� a, 3 (415) 934-7821 MAY 2 11988 4 Attorney for Claimant, PH.", BATCHELOR °RK EG RD OF SUPERVISORS BERTHA ROBERTSON ;QoriF2,cos ,�C . 6 In the Matter of the Claim of, ) BERTHA ROBERTSON, ) 7 ) Claimant, ) APPLICATION .FOR LEAVE 8 ' ) TO PRESENT LATE CLAIM VS . ) (Government code 9 ) Section 91.1 . 4)_ COUNTY OF CONTRA COSTA, STATE OF } 10 CALIFORNIA, ) 11 Respondent. } 12 TO: COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: 13 1. Application is hereby made for leave to present a late 14 claim under Section 911.4 of the Government Code of the State 15 of California . The claim of Bertha Robertson is .founded on a 16 cause of action for personal injury, which occurred on July 17 30, 1987, and for which a claim was not timely presented. 18 For additional circumstances relating to the cause of action, 19 reference is made to, the proposed claim attached hereto as 20 Exhibit "A" and made a part hereof . 21 2. The reason for the delay in presenting this claim is 22 that the Claimant was mentally incompetent during all of the 23 period when the claim should have been presented and by 24 reason of the disability, failed to timely present the claim 25 as shown by the declaration of Dr . Andrew M. Leavitt, 26 attached hereto as Exhibit "B" and made a part hereof. 27 28 1 3 . This application is presented within a reasonable time 2 after the accrual of the cause of action which occurred on 3 July 30, 1987, and well within the one year limitation period 4 set forth in Government Code Section 911. 4 (b) . 5 WHEREFORE, it is respectfully requested that this 6 application be granted and that the attached claim be 7 received and acted upon in accordance with Sections 911. 4 et 8 seq. of the Government Code of the State of California. 9 DATED: April 6, 1988 .mo�� 10 JOTiN W. LARSON, Attorney at Law, on behalf of Claimant, 11 Bertha Robertson 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -2- 26 27 28 J • 1 PROOF OF SERVICE BY MAIL [C.C.P.. §1013 (a) , 2015. 51 2 3 I am employed in the County of Contra Costa, State of 4 California . I am over the age of eighteen years and not a party 5 to the within action. My business address is 1655 N.. Main 6 Street, Suite 200, Walnut Creek, California, 94596 . 7 On May 20, 1988 , I served the within APPLICATION FOR 8 LEAVE TO PRESENT LATE CLAIM (Government Code Section 911. 4) ; 9 CLAIM AGAINST PUBLIC ENTITY (Government Code Section 905 et. 20 seq. ; AND DECLARATION OF ANDREW M. LEAVITT, M.D. , RE: DIAGNOSIS 11 OF CLAIMANT on the parties in said action by placing a true copy 12 thereof enclosed in a sealed envelope with postage thereon fully 13 Prepaid in the United States Post Office Box at Walnut Creek, 14 California , addressed as follows: 15 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ATTN: Clerk of the Board of Supervisors 16 651 Pine Street Martinez, California 17 Executed on May 20, 1988, at Walnut Creek, California. 18 I, SHARON KUYKENDALL, declare under penalty of perjury, under 19 the laws of the State of California, that the foregoing is true 20 and correct. 21 22 23 SHARON KUYKE LL 24 25 26 27 28 I JOHN W. LARSON Law Offices of John W. Larson 2 1655 North Main Street, Suite 200 Walnut -Creek, California 94596 3 (415) 934-7821 4 Attorney for Claimant, BERTHA ROBERTSON 5 6 In the Matter of the Claim of, ) BERTHA ROBERTSON, ) 7 ) Claimant, ) CLAIM AGAINST PUBLIC 8 ) ENTITY (Government VS. ) Code Section 905 et. 9 ) Seq. COUNTY OF CONTRA COSTA, STATE OF ) 10 CALIFORNIA, ) 11 Respondent. ) 12 TO: COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA: 13 BERTHA ROBERTSON hereby makes claim against the County of 14 Contra Costa, State of California and makes the following 15 statements in support of her claim: 16 1. The Claimant ' s post office address is 1109 Ptarmigan, 17 #3 , Walnut Creek, California 94595; 18 2. Notices concerning the claim should be sent to John W. 19 Larson, Attorney at Law, 1655 North Main Street, Suite 200, 20 Walnut Creek, California. 21 The date and place of the occurrence giving rise to this 22 claim are: 23 A. On July 30, 1987, Claimant was a passenger 24 in a Central Contra Costa Transit Authority bus, traveling in 25 a general southerly direction along and upon Boulevard Way, 26 in the 1200 block, between Saranap and Rule Court, in the 27 -1- 28 I City of Walnut Creek, Contra Costa County, California. 2 B. Recent road construction done by the 3 "County" and/or its agents and/or employees in which new 4 asphalt was applied, was laid unevenly with the roadway and 5 created a dangerous condition, to wit: a "pot-hole. " The bus 6 in which the Claimant was a passenger was severely and 7 abruptedly jolted, when it hit said "pot-hole" throwing the 8 Claimant in and about the bus in which she was a passenger , 9 injuring her person. Unknown employee and/or agents of the 10 County of Contra Costa, State of California created said 11 dangerous condition. Sufficient notice of said dangerous 12 condition was had by the "County" to correct said "dangerous 13 condition. " 14 3 . The Claimant ' s most severe injuries were to the low 15 back, left shoulder and neck, with long term dizziness 16 following the accident. In addition, Claimant sustained i7 abrasions to both elbows, bruise to the inside of the right 18 knee and the top of the left side. 19 4. The name of the driver of the bus is John Guild. 20 5 . Claimant' s claim of damage is within the jurisdiction 21 of the Municipal Court of the State of California , Walnut 22 Creek-Danville Judicial District. 23 DATED: May 19, 1988 �! JOHN W. LIARSON, Attorney at 24 Law, on behalf of Claimant, Bertha Robertson 25 26 27 28 1 JOHN W. LARSON Law Offices of John W. Larson 2 1655 North Main Street, Suite 200 Walnut Creek, California 94596 3 (415) 934-7821 4 Attorney for Claimant, BERTHA ROBERTSON 5 6 In the Matter of the Claim of, ) BERTHA ROBERTSON, ) 7 Claimant, ) DECLARATION OF ANDREW 8 ) M. LEAVITT, M.D. , RE: VS. ) DIAGNOSIS OF CLAIMANT COUNTY OF CONTRA COSTA, STATE OF ) 10 CALIFORNIA, ) 11 Respondent. ) 12 I , ANDREW M. LEAVITT, M.D. , declare: 13 1. I am a duly licensed Doctor of Medicine, practicing 14 with the Alamo Medical Group, 1505 St. Alphonsus Way, Alamo, 15 California , Contra Costa, California 94507. 16 2 . I have been the treating physician for BERTHA 17 ROBERTSON since October 7, 1985 . Ms. Robertson is afflicted 18 with multi-infarct dementia which has been confirmed by MRI 19 scan and neurologic consultation from Isaac Silberman, M.D. , 20 F stow a Neuro�oo.st. This uisc;.sc hoc; tccra ^81'_ e r. Ms. 21 Robertson by short term memory deficit, which has become 22 progressively worse since I have known her . Since February 23 of 1987 , this deficit has been of such a degree that she 24 cannot remember things that occurred earlier in the day. She 25 usually is unable to name the month, the date, or the day of 26 the week. 27 28 1 I declare under penalty of perjury under the laws of the 2 State of California that the foregoing is true and correct. 3 Executed at Alamo, California this day of April, 4 1988 . 6 ANDREW M. LEAVITT, M.D. , Declarant 7 8 9 10 11 12 13 14 15 16 17 f� 18 19 20 21 22 23 24 25 -2- 26 27 28 . AMENDED • 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 June 14, 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: $350, 000 . 00 Section 913 and 915.4. Please note all "Warnings". C-cUnty Counsel CLAIMANT: KENNETH M. ROBEY c/o Johanna A. Bernstein, Taylor & Meadows MAY 18 1988 ATTORNEY: 2121 N. California Blvd. #865 Walnut Creek, CA 94596 Date received May 16 , lgygrtinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON BY MAIL POSTMARKED:, May 13 , 1938 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 18 , 1988 PPHHIL BATCHELOR, Clerk DATED: y BY: Deputy , L. Hall 11. FROM: County Counsel, 1 TO: Clerk of the Board of Supervisors. -/, u"-G (✓ ) Thisllcaim 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: _ j Dated: L:) BY: J / % Deputy County Counsel II1. 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 A,i1.�i AFD ( ►� 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: `JUN 14 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: JUN 17 19% BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator r. u zti 1 Department entered claimants apartment, handcuffed claimant, 2 conducted a warrantless search of the apartment, and 3 inflicted physical injuries on claimant. 4 3. The names of the public employees causing or 5 contributing to the injuries, damage, and loss for which this 6 claim is made are unknown. 7 4. The injuries, damage, and loss for which this claim 8 is made, so far as now known, consist of those described in 9 paragraph 2 above. 10 5. The basis of computation for the amount for these 11 injuries, as now known and prospectively estimated, is as 12 follows: 13 a) Medical Expense: $100,000 14 b) Lost Income: 50,000 15 c) General Damage: 200,000 16 TOTAL: $350,000 17 6. Jurisdiction of this claim rests in Superior Court. 18 19 DATE: May 11, 1988 20 21 JOHANNA A. BERNSTEIN ATTORNEY FOR CLAIMANT 22 23 24 25 26 27 28 LAW OFFICES OF TAYLOR&MEADOWS 1 PROOF OF SERVICE BY MAIL 2 I declare that: 3 I am a citizen of the United States , I am employed in the 4 County of Contra Costa, State of California, I am over the 5 age of eighteen years , and I am not a party to the within cause . 6 My business address is 2121 North California Boulevard, Suite 865 , 7 Walnut Creek, California , 94596 . 8 On May 12 , 1988 , I served the within 9 Amended Claim for Personal Injury and Emotional Distress 10 11 12 13 on the parties in said cause, by placing a true an correct copy 14 thereof enclosed in a sealed envelope with postage thereon fully 15 prepaid, in the United States mail at Walnut Creek, California, 16 addressed as follows: 17 Board of Supervisors 651 Pine Street 18 Martinez , CA 94553 19 Attn: Clerk of the Board 20 Contra Costa County Sheriff 1000 Ward Street 21 Martinez , CA 94553 22 23 24 I certify and declare under penalty of perjury that the 25 foregoing is true and correct and that this declaration was 26 executed on May 12 111 1988 at Walnut Creek, California. 27 t ' 28 LAW OFFICES OF KAP,],A 1). NAA.LAND TAYLOR&MEADOWS r CLAIM / �O ` 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 June 14, 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: BAY CITIES PAVING & GRADING, INC . County Counsel c/o Cesari, Werner and Moriarty 14 AY 2 3 1388 ATTORNEY: 360 Post Street San Francisco , CA 94108 Date received h artinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON May 19 , 198 BY MAIL POSTMARKED: May 18, 1988 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May BY: D 23 , 1988 pH IL BATCHELOR, Clerk DATED: eputy 1 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: 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 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. JUN 14 1986 Dated. PHIL BATCHELOR, Clerk, By eputy 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: JUN 1 -1986 BY: PHIL BATCHELOR by ,Q/l �eputy Clerk CC: County Counsel County Administrator ;Claim to: BOARD OF SQPERtiISORS OF CONTRA COSTA COUNTY 1NSTRUC'P1= TO CLAIMN?r A. Claim relating to causes of action for death or for injury to person or to per- sonal property or growing crops and Which accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. Code §911.2.) B. Claim must be filed with the Clerk of the Board of Supervisors at its office in Room 1069 County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. * * * * * * * * * * * * * * * * * * * * * a * * * * * * * * * * * * • * * * * * f * * RE: Claim By ) Reserved for Clerk's filing stamp Bay Cit-ies Paving & Grading, lnc� ri�.ECEIVED Against the County of Contra Costa ) or ) MAY 1 District) PNlL a Tcr+eLo: CLERK FJ RC OF SUPEYVi:pRS Fill in name ) s ccyT:< COSTA CO. De �} 611 The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ for indemnity for and in sppport of this claim represents as follows: all dai.iag es claimer oy piainti=1 as a result _�____________________��__.�_QJ_==lg_alle2a___ons o the coi'lPlain-C attached. ------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) ebruary 12 , 1987 at approximately 7 : 30 p.m. ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city;and county) 2600 bloc;, of olynpic Boulevard, ::alnut Creek; Contra Costa County ------------------------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) idle v,'_llicle In which plaintiff s were riding went off an unilal";C�?tl roadway and struc., an unprotected ditch causing resultant physical injury. ----------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused theinurlt or ��� Defendants Contra Costa Count lts ag and employees failed to nain-ain or mark the roadway boundary in the 2600 block of Olympic Boulevard in 1;7alizut Creek, California and jailed to :warn or protect traffic travelling on said roadway iron running into an unprotected drainage ditch alongside said roadway. (nvo") 5. a What,are the names of county or district officers, servants or employees causing the damage or injury? Contra Costa County, its agents and employees ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Claim for indemni-Eication -------------------------------- -------------------- ---------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Please see attached complaint of plaintiff. $. Names and addresses of witnesses, doctors and hospitals. Unknown. Discovery in this matter 'has just begun and is continuing. ---- ------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT v. de Sec. 910. pro des: " e claim must be s by the claimant SEND NOTICES TO: (Attorney) some ' son hi if." Name and Address of Attorney DLiJIJIS F. IIOtZ1i,Riy a Cities wing & ra ing, c. CESARI, tYERNER AIJD 14081 RAY Claimant's Signature 360 Post Street, Suite 702 c/o Cesari, Werner and Moriarty San Francisco, CA 94108 360 Post Street, San Francisco, CA 94108 Address Telephone No. (415 ) 391-1113 Telephone No. ( 415 ) 391-1113 f • # • r • � � � � • � fs # # ff 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, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars (=10,000, or by both such imprisonment and fine. TELEPHt,..l: FOR COURT USE ONLY ,ATTORNEY OR PA TY WITHOUT ATTORNEY(NAME.SND ADDRESS): RODNEY M.' SWEET (415) 284-1025 �r=•, -.��a _ i ui SWEET & KLE INMAN P.O. Box 549 , 1020 Aileen St. Lafayette, CA 94549-0549 ATTORNEY FOR(NAME): HELEN DIEM Insert name of court,judicial district or branch court,if any,and post office and str et address: 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA ,JAN 2 7 j„88 CONTRA COSTA COUNTY COURTHOUSE Marrtinez ,ox 911 CA 94553 C;RN-ACr"'h atyCf`TY PLAINTIFF: TRA 1`71t15 01 r,7 is . HELEN DIEM 8'3'01341 a 'r EC :. Tt .1-973697V� 7 1 R . T TA G'1E DEFENDANT: DOROTHY STERNBERG, CONTRA COSTA COUNTY, a Governmental Body O E S 1 TO 100 COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER: [ MOTOR VEHICLE C:�6THER(specify): General Negligence QProperty Damage Q Wrongful Death Personal Injury Q Other Damages(specify): G��- 0 0 3 4 0 1. This pleading, including attachments and exhibits,consists of the following number of pages: 2. a. Each plaintiff named above is a competent adult NoT iCE: Q Except plaintiff(name): TH!S CASE IS ASSiu,NED TO uEPT, Qa corporation qualified to do business in California AND CO.-MES UNDER GOVERNMIE^:T CODE 68600 =an unincorporated entity(describe): (LOCAL RULE 5) Q a public entity(describe): =a minor Q an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): Q other(specify): Q Except plaintiff(name): =a corporation qualified to do business in California =an unincorporated entity(describe): =a public entity(describe): Qa minor =an adult Q for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): C]other(specify): C::T- RECEIVED 71 b. Q Plaintiff(name): 1 is doing business under the fictitious name of(specify): JAN 2 8 1988 i �`�� SII►E and has complied with the fictitious business name laws. CONTRA C STA COU erl� u COUNTY CO_ 1 c. Q Information about additional plaintiffs who are not competent adults is shown in Complaint— CD Attachment 2c. (Continued) Form Approved by the ` Judicial Council of California COMPLAINT—Personal Injury, Propertymage Da (� Effective January 1, 1982 r Rule 9821(1) Wrongful Death CCP.2512 SHORT TITLE: CASE NUMBER: COMPLAINT—Personal Injury, Property Damage, Wrongful Death :Page two 3. a. Each defendant named above is a natural person Q Except defendant(name): Q]Except defendant(name): Q a business organization, form unknown Q a business organization, form unknown Q a corporation Q a corporation [] an unincorporated entity(describe): r--J an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specify): [] Except defendant(name): Q Except defendant(name): Q a business organization, form unknown Q]a business organization, form unknown Q a corporation Qa corporation Q an unincorporated entity(describe): =an unincorporated entity(describe): Q a public entity(describe): =a public entity(describe): Q other(specify): Q other(specify): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. Q Plaintiff is required to comply with a claims statute, and a. Q plaintiff has complied with applicable claims statutes. or b. plaintiff is excused from complying because(specify): 5. This court is the proper court because Q at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. Q injury to person or damage to personal property occurred in its jurisdictional area Q other(specify). 6. Q The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) Page two SNORT TITLE. CASE NUMBER. DIEM v. STERNBERG COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page twr. 3. a Each defendant named above is a natural person I] Except defendant(name):: Q Except defendant(name): CONTRA COSTA COUNTY Q a business organization, form unknown Q a business organization, form unknown Q a corporation Q a corporation [] an unincorporated entity(describe): Q an unincorporated entity(describe) R.X a public entity(describe): Q a public entity(describe): A County governmental body CI other(specify) Q other(specify): Q Except defendant(name): Q Except defendant(name): Q a business organization, form unknown Qa business organization,form unknown Qj a corporation Qa corporation an unincorporated entity(describe) Q an unincorporated entity(describe): Q a public entity(describe): =a public entity(describe): Q other(specify): Q other(specify): b The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q Information about additional defendants who are not natural persons is contained in Complaint— Attachment 3c. d Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4 LX Plaintiff is required to comply with a claims statute, and a. = piaintiff has complied with applicable claims statutes. or b. KX plaintiff is excused from complying because(specify): On January 4 , 1988 plaintiff filed an Application for Leave to Present Late Claim with the Clerk of the Board of Supervisors of Contra Costa County. The Board has not acted on said application and this complaint is filed as a precaution as permitted 5 This court is the proper court because (see attatched) at least one defendant now rendes to its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area >�injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify) 6 };The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers) MV 2f, GN 1 (Continued) Page two ATTATCHMENT TO COMPLAINT DIEM vs. STERNBERG 4 . b. in the case of SAVAGE vs. STATE (1970) 4 Cal .App 3d 793,84 CR 650 . If said application is denied plaintiff will take such further action as may be necessary to make said claim a valid claim against Contra Costa County, and to make said County a legal defendant in this action or otherwise bring another action and cause it to be merged with this action. TORT TITLE CASE NUMBER DIEM vs. STERNBERG COMPLAINT—Personal Injury, Property Damage, Wrongful Death(Continued) Page three 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are M listed in Complaint—Attachment 7 Q as follows: 8. Plaintiff has suffered Q wage loss Q loss of use of property hospital and medical expenses general damage Q property damage toss of earning capacity Q other damage(specify). 9. Relief sought in this complaint is within the jurisdiction of this court. 10 PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair,just, and equitable:and for E? compensatory damages KX(Superior Court)according to proof. Q(Municipal and Justice Court) in the amount of S [—i other(specify): 11. The following causes of action are attached and the statements above apply to each: (Each complaint must rave one or more causes of action attached.) )M Motor Vehicle XX]]General Negligence Q Intentional Tort Q Products Liability Q Premises Liability Q Other(specify): RODNEY M. .SWEET . . . . . . (Type or print name) (S,gnature is t�c: attorney) COMPLAINT—Personal Injury, Property Damage, Page t^ree Wrongful Death (Continued) P 4 A��re98' •�trrcontei .. - SHORT TITLt:, CASE NUMBER DIEM vs. STERNBERG FIRST CAUSE OF ACTION—Motor Vehicle Page _ (number) ATTACHMENT TO Complaint =Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff(name): HELEN DIEM MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff;the acts occurred on(date): February 12 , 1987 at(pface): Walnut Creek California in an unincorporated are of the County of Contra Costa , near 2625 Olympic Blvd. , when the vehicle in which plaintiff was a passenger went off an unmarked roadway and struck an unprotected drainage ditch causing serious emotional and physical injury as herein alleged. MV-2. DEFENDANTS aX4�3 The defendants who operated a motor vehicle are(names): DOROTHY STERNBERG [R�Does 1 to 3 b. Q The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names): Q Does to c. Q The defendants who owned the motor vehicle which was operated with their permission are(names): 0 Does to d. Q The defendants who entrusted the motor vehicle are(names): M Does to e. RJ The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Does 4—to�B f. ® The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are =listed in Attachment MV-21 ®as follows: Defendant Contra Costa County, is agents , and employees failed to maintain or mark the road- way boundary in the 2600 block of Olympic Blvd. at Walnut Creek and failed to warn or protect traffic traveling on said roadway from running into an unprotected drainage ditch along- side said roadway. Q Does - 21_-- to .-- -5 0 . Form Approved by the Judicial Council of California Effective January 1. 1982 Rule 982 1(2) CAUSE OF ACTION—Motor Vehicle CCP 42512 SHORT TITLE: CASE NUMBER DIEM vs. STERNBERG SECOND - CAUSE OF ACTION—General Negligence Page (number) ATTACHMENT TO Complaint QCross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff(name): alleges that defendant(name). CONTRA COSTA COUNTY [X Does` 21 to — 80 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act. defendant negligently caused the damage to plaintiff on(date): February 12 , 1987 at(place): Walnut Creek , California (description of reasons for liability). Defendants , and each of them failed and neglected to properly repair, mark, and maintain the roadway and boundary in the 2600 block of Olympic Blvd. at Walnut Creek and failed to warn or protect the traffic traveling on said roadway from running into an unprotected draining ditch alongside said roadway. At said time and place the automobile in which plaintiff was a passenger left the roadway and collided with the edge of said drainage .ditch. Form Approved by Ine Judicial CaunCd or Cajirorma EfteceRule 982 u3) ,yez CAUSE OF ACTION—General Negligence CCP 425 Q • CLAIM ti $HARD 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 June 14, 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: $125 . 00 Section 913 and 915.4. Please note all "Warnings". C:,unty Counsel CLAIMANT: ALFREDO ORTIZ 202 4th Street (;iAY 21 1988 ATTORNEY: Antioch, CA 94509 Date received (Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON May 20 , 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: Pia 23 1988 BY: Deputy L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (v) 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: l� v Dated: BY: r-Z----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 OR ER: 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. JUN 14 198E 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 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. j4e Dated: JUN 17 1988 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator CLAIM-TO.: ., ' BOARD OF SUPERVISORS OF CONTRA CO**rFd Yapplicationto: Instructions to ClaimantC'•erk of the Board V.O.Box 911 Martinez,Califomla 94553 A. Claims relating to causes •of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District--should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end or this form. RE: Claim by )Resery erk's filing stamps EC Against the COUNTY OF CONTRA COSTA) �I AY 2 019-81 or l w ,TRICT) CLE q (FillIn name ) As a The undersigned claimant hereby makes claim agains��k/,__267 the oun y Cf Contra Costa or the above-named District in the sum of $� oy and in support of this claim represents as follows: 1. When did the damage or in3ury occur? (Give exact date and hour] r - -----T-'t ------------- -------T -- --- — — ----- -- -------------- ��./J W�iere did-t ie damage or a- 3Ury occur? (Incl�ud--e�city and county)---- 3. How did the damage-or injury occur? Giveu�I-�etails� use ext=a sheets If required) YL�4 •�-----------�-- ------- -..------------------T--- r----- a. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? g � (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 6. what damage orn�uries do you claim resulted? ZGive dull extent of injuries ok damages claimed. . Attach two estimates for auto damage) --------------------------- --------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) 8. Names and addresses of witnesses, doctors and hospitals. ------------ ---------------- ------ �. List the expendi .res, you made on account of this accident or injury: DATE ` `' . ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or bX some person on his behalf. " Name and Address of Attorney C ?aimant s SignAture , C v A dress , Telephone No. Telerhone NOTICE Section 72 of the Penal Code provides: "Every person who, with intent #.o defraud, presents for all-owance or for payment to any state board or officer, * or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony." I CONTRA COSTA DETENTION FACILITY LJ I S 11 ' CLOTHING RECEIPT DATE: 05/12/88 REC: 1354D2 ` TIME: 2252 FACILITY: MDF c NAME (L, F, A): ORTIZ ALFREDO BOOKING NBR: 88011824JINTAKE / i SHIRT/BLOUSE S SKIRT FC� / 0 COAT/JACKET E .S+fbES/BOOTS RTS/PANTIES [QJ-SHIRT/BRA OCKS/NYLONS HAT/PURSE Q SWEATER/SWT. SHIRT DRESS OTHER — 1 I f X INMATE SIGNATURE RELEASE i , DATE: HAVE RECEIVED ALL OF MY CLOTHING. REL OFC: X y SIGNATURE CLAIM A III& 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 June 14, 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: $100 . 00 Section 913 and 915.4. Please note all "Warpi�Usrlty CC)UnS ! CLAIMANT: ROBERT MADISON III ll�J 446 South 26th St. MAY 21 1988 ATTORNEY: Richmond, CA 94804 Date received (Vlat'tir1eZ, CA 945 ADDRESS: BY DELIVERY TO CLERK ON May 19 , 1988 Risk Manage. BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 23 , 1938IL BATCHELOR, Clerk �a: Deputy _ �V14 L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (V) 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: ��, 17 BY: v r 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 ( V) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUN 14 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: JUN 1 7 1988 BY: PHIL BATCHELOR byeputy Clerk CC: County Counsel County Administrator v 'CW T0. BOARD OF SUPERVISORS OF CONTRA C ?. '' CW*rFJXapp{ication to: _ Instructions to ClaimaritUerk of the Board •O.Box911 i LMartinez.Calitomla94553 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) Ja B. Claims must be filed-with the Clerk of the Board of Supervisors ' at its office in Room 106, County Administration Building 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District%should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud.--•See--penalty for fraudulent claims, Penal Co3e' 'ec:'72 at end of this form. =" •t�*t*���#*��***rR�r�r*�*�*f**�*******���t*�*w#itirrrt�,��it,t�tie �w+r* • :=:r :: RE: Claim by )Reserve i g stamps • E c � Against the COUNTY OF CONTRA COSTA) 1A AY 19 1988: or DISTRICT) a e t: ison (Fillin name ) CLE) B The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1,PA 1 /; !'g ,,-A e n r.•r and in support of this claim represents as follows: ----------;--------------- --r----------- ---- - —��— '�': Pep id t e dams a or 1 aur occ r? (Give exact date and hours "� s 17 re-�11 tFie dama a-or in --------------- (Include --" g 33ir occur? city and county) �., fB�tt�n� �r�►r. Cv--r '� �.�,�r�(.�23,.'�_fa.., �.s?'P I��rL�,nt�.��rV yglJ��`m. ��pw�y �: �►t,1 Z. !<n Z`�'�l �+rn �b fjGri't1i`�'1� ff� - ' '',::' • 3. How didthe damage or in3ury occur? (Give dull details, use extra •., A , "sheets if required) A _ , Yue ��� o arv�K� ,n '104 .1 tN R ✓Kd-r �� ,QPAY e" k; v /L tit'Sing f7ls(��,w�h�r w,"f Lvex 1f4a wo�fXr r,4 rho' ops ¢ OXY t!��f ✓�� i ='•j C_. Xf 61 dy neP7 4 INC4r5,0 t'r-( What particular act or omission on the part of county or district' officers, servants or employees caused the injury or damage? , ,►�; ; :.Li �} '�r t✓ m c, yaH',F �`; iia n ,:.;•' `: � Prn1 n,� � w�r� <t✓J 4Ls dl�v m� • pbb�ln5 � rke �,.' C, ) ►-���< 113 12L .�Ovr4dnA.l ,pelptYf�) /U6 � ��.. ,� d� j4 . f � C' �LL. (over)ZZ * . '; t15iYil\ie�•it�+F�l..~���e•'i•�i! l ��� �x5..:x� ..-x.. —.-._._... .. -,. .. _..� ..38~�r/i.t.,�r•_ •y+..:+,.:a.:v..�'S.L-Y_...1.'..���r'.'J�l.:_ 5. Wat are the names of county or district officers, servants or employees causing the damage or injury? '- ..��—!!� i. ��..�� —T--T--------! --T----- —! !!� —.r—! !� --..------- 6. What aamage or �n�uries do you claim resulted? Give-full extent of injuries of damages claimed. - Attach two estimates for auto �� l WA ff b(+IrEr ls�Pi,- bkrr� •t�� � ��, �od < p. • �t emwA»G�..� C' �Rf' a� �p—n�+ YxLn'��i� 1`�c� rf �`�/Y•(�/(��: - 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) L —�— j�t_'{rlt�'�L�^b t G`4�! t':''!>k f •��n• �.s Rv = — � � _ �' 's .:,L � • �. — l--------------------Ni------- ----..N-- ? ] 8. ames and addresses of witnesses. -doctors and hospitals. s�n .=r �;* • !�`) i� ,�,� �.� a�,.�• S �1 7 e r b w 3 �f�-t t�R:, / • 12 �.� ���/< 5� T'• e4e,±4 ��rf ih�a ` �IUC n¢F� for t C.�� nfy' Ren —!T`-1----1�--1i--------------------------------T----T—._-----lT—Tl--- .vT: 3. List •the• exp.enditures. you made on account of this accident or in�uzy: DATE ITEM AMOUNT 11' } l r 1 r >� Govt. Code Sec. 910.2 provides: ' ?_ "The claim signed by the claimant ' SEND NOTICES TO: (Attorney) or by some person on his behalf.^ ..�� Name and 'Address of Attorney -7 laimant� s Rignature .. . ._� : Address( . •�.^-•. •. .-.... !. ....• ... ...fir..:..• .. j jjry• A � 1��� � � � ��' � •-��: t. • • E ` . �(,' . ., .t Rte. C Telephone No. Telephone No. 'NOTICE Section 72 of the Penal Code provides: '.Every-person who, with intent to defraud, presents for"all-owance or for payment to any state board or officer, • or to any countytown, city "+ district, ward or village board or officer', authorized .to 'ailow or pay the same if genuine, any false or fraudulent claim,::'bill,• account, voucher,'I or writing, is guilty of a felony." - t 1 ,.::) i. .A �.•• ._:: ." .., .- _ti.,i�Y:Feu-��✓Y..[+!cacsT"r••'".�.i�►�2�ri.s11��` �..,_A�i4+Kw�ayrr�rZ!irwri?�.Mii...�•+►w....irw..i.i+.w--u+a.a..i..'�./:r:..r�.�'::+-':+Jtsr�,lcrh.- CONTRA COSTA DETENTION FACILITY PROPERTY RECEIPT.._:. .- - _ 7A /ATE 03/21/88 � `�`; 131028 -7" �' REC: "TIME: 0809. FACILITY: .~ MDF ... NAME: MADISON ROBERT I :'``s'-` ' PROPERTY BOX # BOOKING NBR: 880071001" ITEM UNDER COUNTER: Y OR N INTAKE CASH: $ 164. _ JEWELRY: N"7" DESC: WATCH"' N" "` " DESC: WALLET/PURSE: KEYS:'. .. .1 Qom,:: GLASSES:. -Y'`r-`:' SUNGLASSES;``` BRbKEN BELT--"V KNIFE: _:N' . _ ,:,,..,•- ? r.;a'. ._ .-_ OTHER:` NAILCLIPPERS`"'-"- OPENED' CIGSTI, MATCHES ' '` CERTS\ SOCK ET•" EXCEDSRIN:".1.1` GUM\ BKG OFC: . 14333 PROPERTY BOX ASSIGNED. v. INMATE SIGNATURE . RELEASE DATE: �1�� : ' i HAVE RECEIVED ALL O MY PERSONAL PROPERTY. ,- REL OFC. { INMATE SIGNATURE . 1 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 June 14, 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 pursuantlto Government Code Amount: $200 . 0 0 Section 913 and 915.4. Please note all "Warnings". Counsel CLAIMANT: CLEO J. MASON 911 Tiffin Drive MAY 2 3 1988 ATTORNEY: Clayton, CA 94517 Date received IAartinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON May 20,, 1988 SOC. Serv. BY MAIL POSTMARKED: no postmark i 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May BY23 , 1988 PpHHIL BATCHELOR, Clerk DATED: : Deputy L� L. Hall 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓f 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). I ( ) Claim is not timely filed. The Clerk should return claim on ground that it wasllfiled late and send warning of claimant's right to apply for leave to present a late claim (Section; 911.3). ( ) Other: I i I Dated: BY: Deputy County Counsel 1111AAi 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I IV. BOARD ORDER: By unanimous vote of the Supervisors present (This Claim is rejected in full, I ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in;its minutes for this date. JUN 1 nn � Dated: J 4 1988 PHIL BATCHELOR, Clerk, By eputy 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. i AFFIDAVIT OF MAILING 1 declare under penalty of perjury that 1 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: JUN 17 1988 BY: PHIL BATCHELOR by O�Z�eputy Clerk I CC: County Counsel County Administrator it f Claim tce 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 per- sonal property or growing crops and which accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 19 1988, must be presented not later than six months 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. (Govt. Code §911,2-:') 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• 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 the end of this form. RE: Claim By ) Reserved for Clerk's filing st p �0 J m4 ) RECEIVED Against the County of Contra Costa ) or ) V,AY 2 0198 . District) PMI SAT ELO Fill in name ) Ly /� e R F OR;, e6ty The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) Yl,erae¢,A) 7 4 rn j XAc-,0 -------------------------------------------------------------------------- ------- 2. Where did the damage or injury occur? (Include city and county) ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) J yo0,At1tcd Ceti G1-n/ _1. ---- acs 4. W at particular act or omission on the part of county or district office servants or employees caused the injury or damage? (over) 5. What are the names of county or -district officers, servants or employees causing ' t ie "d j�age or injury? ------------------------------------------------------------------------------------ 5. What damage or injuries do 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.) ---------------------------------------------------------------------- -------------- $. Names and addresses of witnesses, doctors and hospitals.. � ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMUNT V Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICESTO: (Attorney) or by some person on his behalf." Name and Address of Attorney a Cla is Si tune 9/i . aAddress) Telephone No. Telephone No. N O T I C E 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, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. t - NIHON ULTIMATE DETAIL rDATE 1115-C Landini Lane • CONCORD, CA 94520 NUMBER (415) 798.6242 TERMS: '• ' ~— /�~ + ' DATE . :..:� ,_�-- ��,�_• HARGE,S. AMDGEDiTS^..�b�.�.��.� ',������.'_�,�����s $AI.ANCE�..�:;' BALANCE FORWARD D� ell ki 4, .ms's r ] PAY LAST AMOUNT IN THIS COLUMN DUPLICATE f CLAIM / " 47® 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 June 14, 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: MARJORIE M. LAYTON C_untY Counssi 1833 Skycrest Drive #1 ATTORNEY: Walnut Creek, CA 94595 MAY 2 5 1988 Date received �, ADDRESS: BY DELIVERY TO CLERK ON May 24Mal8S7-, CA 945 . BY MAIL POSTMARKED: May 23 , 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 24, 1988 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) 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: ( t U-4- 14AZ ,'Dated: C 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 BoardOrder entered in its minutes for this date'.' Dated: JUN 14 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 shoo�wn above. Dated: JUN 1 ( 1988 BY: PHIL BATCHELOR by , Deputy Clerk CC: County Counsel County Administrator W Claim toi 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 per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. Code §911.2.) 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•' 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 the end of this form. RE: Claim By. ) Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa ) MAY 2 4 1988, 1 SAT EL R District) LCLE K N R P R SOR,. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) - - ------ ---------------- 2. ere did the e or injury occur? (Include city and county) 41 3. How did the damage or injury occur? (Give full details; use ex paper if required) ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ------------------------------------------------------------------------------------ 5. What damage or injuries do 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? (Inclu a the estimated amount �1 an prospective injury or damage.) n ------------------------------------------------------------------------------------- 1J. Names and addresses of witnesses, doctors and 'hospitals. el------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT s Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his ehalf." Name and Address of Attorney,. , _ _ Claimant's Si ture Is--3&A - -P ;� Address Telephone No. Telephone - * I V * * * its * '* * N O T I C E 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, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000)9 or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. CLAIM /_,00 BOARD OF SUPERVISURS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 14, 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: $250, 000 . 00 Section 913 and 915.4. Please note all "Warnings". C:;Unty Counsp1 CLAIMANT: NICHOLAS VILLASENOR - California Medical Facility South (4 AY 2 j 1988 ATTORNEY: P. O. Box 4000 Vacaville CA 95696 Date received1 arlinez CA 9445 ' ADDRESS: BY DELIVERY TO CLERK ON May 23 , 1989 ' BY MAIL POSTMARKED: Not legible 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: May 24, 1983 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: v Dated: BY: , Deputy County Counsel v II1. 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. JUIN 14 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: JlJN 17 1988 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM TO: BOARD OF SUPERVISORS ur- I.vnAnn .,....... ____._ Instructions to Claimant Return original application tc � Clerk of the Board 651 Pine St., Room 106 Martinez. CA 94553 A. Claims relating to causes of action for death oi"16r Injury to person or to personal property or growing crops must be presented not later than the. 200th 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 Vause of action. (Sec. 911.2, Govt. Code) 8. Claims must be filed with the Clerk of the board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Kartinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed agaienst each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o LFiis form. RE: Clam by J _ )Reserved for Clerk's filing stamps ) ) Against the COUNTY OF CONTRA COSTA) MAY 2 3 j988 ) PH%BATCHEICR or DISTRICT) CLERK 6')ARD OF 5UPERVISOP.s F s n name ) a CO -.,Co TA Ca. A. .... Deputt The undersigned claimant hereby makes claim against the Count,► of Contra Costa or the above-named District in the sum of and in support of this claim represents as follows: I:""�1Fen"a2.d-the"aamege"oi"in3uiy"o`ccur� ZGIve'"exa`ct`�ate`ana`fiouij`-" -- ---- -- ------ ----�--- - - ---- ------- ---- ere aid amage`oi � occury r;nclr��e c?Ly an$ county' 3. Bow aid the �amnge or in3ury occu ? Z"ive Iuii aetaiIs, use extra sheets if required) I'�� �-�- �'�•-c� Q•� .�e ..�� ,..-ice ..-r2-d at particular act or omission on tie part of county or district o�rC%�rvants ore loyees aused the injur or d? (over) 5. What a.-,e the names of county or district officers, servants or' ' emplo ees _causing the damage or injury? 6. What amage or injuries coo you claim resuIte3? ZGNe ulI extent of inj ies r damages cla med Attach two estimates for auto damage ' ,- f *L ZVlL c, --------------------------- -------------------- ------------------- --- 7. Bow was the amount claimed above computed? 7Inciude the estimates amount �o�f. any,�pr�pspec t4ve injury or,. damage. ) - ------------------ -------------------------- ----------------- 6. 11ames and addresses of witnesses, doctors and hospitals. �. List the expen tures you made on account of this accident or 1n�ury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides: "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " r ' O Name and Address of Attorney C aimant s Signature �7,, Ad remiss � �Gv Telephone No. �Telep ofte No.����� ire:�**���**•�r*���*�*��t:����*�*�***:�*�������*,r�:*#:�*�:����*:�***�#��**** NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " J 0 � 4. * INCIDENT REPORT * ; CGi-JRA COSTA COUNTY SHERIFF'S DEPARTMENT ItCIDENT �� INCIDENT: ��.- /.- <<� FACILITY: M (= REPORT # :n' DATE/TIME DATE/TIME LOCP.TION: OCCURP,L.L ��'u �� ►� 1 t,_REPORTED: 1105 HOUSING INMATE: (2 _}�;--��I i�, � 1 L ► ,> GL r.% BOOKING #: Last First Middle WITN'ESS(ES) -- LIST -- Name - Address If an inmate, give booking: #: SYNOPSIS: �1L_�aS -��v'' rnl �� �.� � NI M �� Jn ( 2-7,- NARRATIVE: C "1 C. l� JLy l ►7�j /� 1:11�If)�T� .�/;'J�_: e - �. "t. �'•J �•? 5 a Cir- iir 11.1 7 Ulm L S L.4 4 �3 y� ,I (`� /�1 ��� i .-�-f r I C^< 7- L o c)LoDt i� TJC<J+1' l� THy r. ?-.:.'�%i� r.�.�.-1 r���' :-^ L' ��-1 C C_... �1/ � .J r �-, � �•.-1 .,� � 'V t•.l �� L�` ~- C.^. -I p.t WZ) V t AjDJI LZ T! 17 11 , !j. t / L.�1 i'_2 N O J/!' S Z v �` Z 02-0v`:Z0L O S11r i -4CDUE AL `LY !uzkI7 L' ACTION TAKEN/RECOMMENDED: C;?s-r- S":,10 �J le F- L 4 L i/ �i� ? ,7 f l�f� :j�' ('�/^� r� )• REPORTING EMPLOYEE # SUPERVISOR = `r '� CSE=iii ONS DIRECICR T— O.D. ROUTING INSTRUCTIONS: + White to Facility Manager - Yellow to Booking File - Goldenrod to Inmate B}-: Pini: to .Lineup Board Pace one of ---- * INCIDENT REPORT SUPPLEMENT ` CONTRA COSTA COUNTY SHERIFF', DEPARTMENT DATE OF INCIDENT ' DATE: ORIGINAL: 7A 1 :> 1 `:,, INCIDENTG. REPORT #: HOUSING INNATE: V+ s L�1�� AJ BOOKING #: """ ASSIGNMENT: Last First Middle `' Q- CONTINUATION Q SUPPLEMENT Q STATEMENT Q DISCIPLINARY INVESTIGATION N.,iRRATIVE/INVESTIGATION: t. • { .1 Z 't 1 ,; r �' n; - �,.T^•,� {.1 LCA t ryc c.. t•t�:i _� ,'y,J.`� !' •-f 4 C i + r i COMMENTS & CONCLUSIONS: ACTION TAKEN: REPtRTING E F'LJYEESUPE ,`/ SOR # OPERATIONS DIRECTO O.D. ROUTING INSTRUCTIONS: White to Facility Manager - Yellow to' Bookina File -- Pink to Inii;ate - Gold to B.A.S. Rev. 8/80 Page ? _of� �K7]tITIQ1i f�iJRI1L MWITIL io CLIIICs I ✓ F_T1j'0PI ZAT'A O•I TO D I SCLCSE NIMICAL I,7CR"-ATION k f An (oNar names) za a of 6-1—th f f . j P ient I.D. I, Name Add,ess City State Zip Telephone am the p- Patient p- OA=.dian p- c��� p_nezip" and hereby authorize Contra Costa County Health Services to disclose medical records for the above named patient. .!- s-0 tc': `-- Na-me of person, organization/agency Address City State Zip Telephone �X7- �•SE: T:E DISCLOSUPE OF THESE RECORDS IS FOR THE FOLUVDI G PURPOSE(S) a L),,I'ES CF S=c TICE 710 PE P=EASIM: RF-==RICTIC,NS: I L1,CE.RSMID THAT TF.E RECk:ES OP MAY NOT FUFrI'F;ER USE OR DISCIASE THE MIDICAL ru'OPti!:TION LI LESS ANOiIER AUTHORIZATION IS OBM1"'- FROM ME OR UivZ.ESS SXH USE OP. DISCLC- IS SPECIFICALLY REX-IRED OR PER,*4.1 ED BY LAt+. N 0 T I C E This authorization is for full disclosure of all records, including: CLINICAL FINDINGS; DIAGNOSES; TREATMENT; ASSESSMENT; RECOMMENDATIONS FOR FURTHER CARE; NAMES OF HEALTH CARE PERSONNEL; DATES OF HOSPITALIZATIONS AtiTJ AMBULATORY VISITS; CHARGES; AND ANY INFORMATION WHICH MAY BE RELATED TO DRUG, ALCOHOL, PSYCHIATRIC CONDITIONS; AND/OR SEXUALLY-TRANSMITTED DISEASE INFORMATION. (SEXUALLY-TRANS- �� MITTED DISEASE INFORMATION WILL ONLY BE RELEASED TO THE PATIENT, PATIENT'S A'I'IURNEY OR TO OTHER TRLA. INC PROFESSIONALS V010 WILL BE RESPONSIBLE FOR THE PATTEtiT'S CARE. ) SUCH RECORDS WILL BE DISCLOSED UNLESS YOU SPECIFf IN`F'ORMATION YOU WISH EXCLUD:ID- EXCLUSIONS: This autnorization will be valid for one year or until , whichever canes rirst. I understand that I have a right to receive a copy of this authorization upon my request, and I request a copy: Yes - p No - p r,ATED r ` SIGNATURE OF PATIE[1T 71'_ ati=e ofpsychiatric staff patient address and telephone number roving release of information SIGNATURE OF PARFNr, GUARDIAN Specify Relationship CON.�ZOR OR DESIGNEE Original - Cha--t A PHOTOCOPY OF THIS RELEASE IS AS VALID AS THE ORIGINAL. Yellow - Recipient Pink - Patient mR-114 (7.•'82) DTLAYEE INITIALS AND DATE: 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 June 14, 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: $1 , 366 . 41 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU P. O. Box 4019 CLAIM # 1320514 ATTORNEY: Concord, CA 94524-2019 Date received ADDRESS: Counsel BY DELIVERY TO CLERK ON May 24, 1988 I;Ila'1' 5 19�� BY MAIL POSTMARKED: May 23 , 1988 a Certified P 762 749 170 I. FROM: Clerk of ar^'o Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: May 24, 1988 ��: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors (!/) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: �,' -� �(� 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. 1�' 1 Dated: JUN 1 4 1988 PHIL BATCHELOR, Clerk, By ZiZ 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: JUN 1 7 198$ BY: PHIL BATCHELOR by puty Clerk CC: oun C unsel County Administrator t Claim For Damages In accordance with Section 910 of the California Government Code, this is to formally place you on notice of our subrogated claim for the loss described below. Date: MAY 19, , 19 88 • Clerk of Board of CONCORD , California Supervisors 651 Pine Street Rm. # 106 Martinez, Ca 94553 Claim is hereby made and filed against the COUNTY OF CONTRA COSTA as follows: Nameof Claimant: California State Automobile Association Inter-Insurance Bureau Address of Claimant: (Send notices to this address) Date of Occurrence: FEBRUARY 19 1988 Place of Occurrence: SARA LANE AND HILLGRADE WALNUT Nature and Amount of Damages M MI 60 Items Making up said Amount: C` 91C gCR. putt Name of Public Employee(s) t• causing said Damage(if known): GROFFREY AVIS EVKEL Facts & Details: COUNTY VEHICLE BACKED INTO OUR INSTIERD'S VEHTrTY California State Automobile Association Inter-Insurance Bureau F1688 (REV.5-78) THIS DEAF f MUST FIE PFICIPERLY p - - ENDQRS'n ON"f HE i EVERSE SIDE THIS DRAFT MUST BE PROPERLY I'� ENDORSED ON THE REVERSE SIDE Co i IDA ao I it N c Co 11-0 ' LL W I = v [( 3 t Z . r lii i( ,�� it •!r .I � � I I = ' { i� :�11 '- ( tt ••r jJ/�\ m i co ppp "LL •_. .r�� .I S��> �, i� t4• j �*i .}.� I C fi• ' t W�i'. v { �, F fi� 7� , !N'}.vt 1 `- :�rl�, 1 Y -!; • .� �a� 1{}n i .t I' f`"++ :�' 1t t14�, `I;��• j�.�;:..{ �,jj=' �� / ',` N •` ��,d; f, � � ! 1�4'a 1 rtr� .. ' .-I � N � 1 "c� �� �tr}_ V W t'F 1 Q G.. �, i•r tl-_ '•' f� t. f f i i' .l �n y :� '• t' Iq to r 'i u (1, Lu co Lr �I L i ti r ,� �� .�, .�. �. ;}� iY"iL�. I -.� 1' ,fir } ) ,.° jv,7. r� g...� �"` •'X' rim SIJ o Is e V: cc Ic = 41 [7 �.Y r �... � �"� fes• � � � I .��[ < ` ' y� i.±�C,.`r...� Q I � �• w o I ` J t O Q W O W '. W °moo II I a o Q . owo ° o d ��00 TIMATE OF REPAIRS NDERSON OLDSMOBILE4NAC., r Q a r s Ni WW lAnM d �3 .c �S,o T"'y}fch4t moi' - , Now 4 •�, z.. & ^,' s< z-. � .4t .r. � .L si..FS.49c .ycc,`�- �� . r �_` •£�'y,r -w o„�l.v" ' .+1,,. •+,• °rUY$' A .�:1 < -'fy� - $ .rs.? ` r �f # �. .. r C�IFf lON aR UPAii MMM MPLACMMS x � 4 pi W. iii[[[ -• _ ,. _ :k/}. - .....� v _.._ ©5 � G Jze ibo+re in satimaii tamw on our k-wpwtfon wo dies not ili,rAiw r eddttionsl Barts ar loborray ia tsquraafetha aol ,tm baai G(Bt Om'8p�ed up. uiergNy char Ow work•lm~ad,wm w danispsd Arts 'I"*sowemd which Am m evident on the first inspection.•89cm.of aft ..; , above:prions srs twt.p+sn MW.wid aii for imnadiate 43TMATE O 1.,.Y88 oases NOR�CK OKLAHOMA CITY - •F 1 1. assign' me' nt of claim and subrogation agreement In consideration of the payment to the undersigned of El the sum $1,366.41 13Xa sum estimated to be ONE THOUSAND THREE HUNDRED SIXTY—SIX AND 41/100 ************************************* Dollars, being the full amount of loss and damage insured against under an automobile insurance policy, number 1320514 issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, said loss and damage having occurred on or about the 19TH day of FEBRUARY 19____U the said undersigned hereby assigns and transfers to said Bureau CSAA said claim in the above amount plus ANY additional claim for damage resulting from said accident, not covered under said policy of insurance, in the amount of$ 1,366.41 constitutin g [�O a total total estimated claim in the amount of $ 1,366.41 Said Bureau is hereby subrogated in HER place and stead to the extent of the above amount of the said total claim and is hereby authorized and empowered to sue, compromise or settle in HER name or other- wise to the extent of said total claim for loss and damage, and to endorse in my name any check made payable to me therefor, and collect and receive any money payable thereby. The undersigned covenants that SHE ha S not released or discharged any such claim or demand against such party or parties and that SHE will furnish to said Bureau any and all papers and information in 14F.R possession, necessary for the proper prosecution of such claim. /� ✓ r� Dated at U l�`t�! i /'U/ this � day of 19 . WITNESS F1433 (REV.7-77) • CLAIM /p0D 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 June 14, 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: $10, 000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KIRK L. GILLASPEY C:,,wity Counse) c/o Victor J. Van Bour ATTORNEY: 875 Battery St . 3rd Floor MAY 2 3 1988 San Francisco, CA 94111 Date received ADDRESS: BY DELIVERY TO CLERK ON May 20 , 1 firtinez, CA 94553 BY MAIL POSTMARKED: May 19 , 1988 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 23 , 198$ ppHkIL BATCHELOR, Clerk DATED: y BY: Deputy L. Hall I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (Cf) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (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. JUN 14 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: JUN 17 1988 BY: PHIL BATCHELOR by . eputy Clerk CC: County Counsel County Administrator 1 VAN BOURG, WEINBERG, ROGER & ROSENFELD 2 875 Battery Street, 3rd Floor San Francisco, California 94111 3 Telephone (415) 864-4000 Attorneys for Claimant RECEIVE 4 Kirk L. Gillaspey 5 MAY 2 0 6 CL HEL ISOM:;, (?N,7 By .............. eputy 8 9 BEFORE THE BOARD OF SUPERVISORS OF THE 10 COUNTY OF CONTRA COSTA 11 12 In the Matter of the Claim of ) 13 ) 14 KIRK L. GILLASPEY, ) 15 Claimant, ) 16 Against ) No: 17 COUNTY OF CONTRA COSTA; GARY T. ) YANCEY, DISTRICT ATTORNEY OF THE ) 18 COUNTY OF CONTRA COSTA; GENE S. ) WOO, DEPUTY DISTRICT ATTORNEY; ) 19 PETER BONIS, DEPUTY DISTRICT ) ATTORNEY, ) 20 ) Respondents . ) 21 ) 22 CLAIM AGAINST PUBLIC ENTITY AND PUBLIC EMPLOYEES 23 Claimant, Kirk L. Gillaspey, by and through his attorneys of 24 record acting on his behalf, hereby presents this claim to the 25 Board of Supervisors of the County of Contra Costa pursuant to 26 Section 910 of the California Government Code. its 1 r ' 1 C. On or about February 25, 1988, at Pittsburg, California, 2 Claimant received personal injuries under the following 3 circumstances : Plaintiff was formally and falsely arrested, 4 detained at the Pittsburg Police Department, and was forced to 5 undergo a formal booking procedure which included photographing 6 and fingerprinting. Officers of the Pittsburg Police Department 7 effected the false arrest of Claimant Gillaspey knowing that he 8 was not the person identified as the alleged perpetrator of the 9 crime. Officers of the Pittsburg Police Department knew that Mr. 10 Gillaspey was not the person or perpetrator of the crime in that 11 his physical characteristics did not match the photographs of the 12 person alleged to have committed the crime. In fact, Mr. 13 Gillaspey was approximately 25 to 30 years younger and 14 approximately 25 pounds lighter than the person identified in the 15 as the alleged photographs perpetrator of the crime. 16 D. As far as is known at the time of presentation of this 17 claim, Claimant Gillaspey suffered as a result of the false 18 arrest, loss of freedom, loss of wages, damage to his good name 19 and reputation, and physical and emotional distress . 20 E. The name or names of the public employee or employees of 21 the Pittsburg Police Department causing the injury, damage, or 22 loss, are unknown at this time. 23 24 25 26 2 124 1 F. The amount of damages claimed by Claimant Gillaspey 2 exceeds ten thousand dollars ($10, 000 . 00) and jurisdiction over 3 the claim would rest in the Superior Court of the State of 4 California, in and for the County of Contra Costa . 5 DATED: May /- 1988 6 Respectfully submitted, 7 VAN BOURG, WEINBERG, ROGER & ROSENFELD 8 VICTOR J. VAN BOURG SAND E BENSON 9 10 By: 11 V OR J. VAN OURG Attorneys for Claimant 12 Kirk L. Gil spey 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4S0124 3 CLAIM '• BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Aga,;nst the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 1 4,, 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: $595 . 00 Section 913 and 915.4. Please note all "Warnings". L�urlty C0unsal CLAIMANT: JAMES THOMAS ST. JOHN 2693 20th Street MAY 2 5 1988 ATTORNEY: San Pablo, CA 94806 Date received �V rtinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON May 23 , 1 % BY MAIL POSTMARKED: May 20, 1988 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: May 24, 1988 �b: Deputy L. Hall 11. FRO Iy 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: O' 2 0 BY: Deputy County Counsel I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( 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: JUN 14 19pp / 88 PHIL BATCHELOR, Clerk, By �A_` , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: `�U N 17 X988 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator v I CLI I TO: BOARD Off' SUPERVISORS OF CONTRA C0N-TA. AAPPappocationto: Instructions to ClaimazitC'•erk of the Board .O.Box 911 Martinez,California 94553 A. Claims relating to causes 'of action for death or for injury to person or to personal property or growing ,crops must be presented -not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action-must be . . presented not later than one year after the accrual of the cause -_of..-action. (Sec. 911.2, Govt. Code) - 8. Claims must be filed with the Clerk of the Board of Supe_r__ry�'sors at its office in Room 106, County Administration Building, 651 Pine - Street, Martinez, California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District%should be filled in. ..D. If the claim is against more than one public entity, separate claims must be filed against each public entity. . E. Fraud.--•See-penalty for fraudulent claims, Penal Cc,3e' ec:72 at end o his form. " " RE: Claim by //11 )Reserved for Clerk's .filing stamps ..' fes- ) `` RECEIVED Against the COUNTY OF CONTRA COSTA; MAY 2 3 1988 _ or Jlc�G�-t �rcc� GGfi�t C1Dr1 �'`l [f7T) �=:aA;CHELOR (Fill in name fRK E0A2D OF SUPERVISORS _ B Cort"�.a CI ACO. Deputy The undersigned claimant hereby makes claim against C,pu ty of Contra Costa or the above-named District in the sum of $ �. p6 � and in support of this claim represents as follows: 1, ao_ �- ,�. When did the damage or in3ury occur? (Give exact date and hou�j _ rr 1.�.-- i— w.--------T—Tom.—.. � — ---�•--rr--r---�—LCL---�•--.. - d die dama a or irur? nclude cit and count 2. RUN �1 t 9 JAY (1 Y Y) How d the damage or o ur? (Give a �s use extra . 3. H 1d g 3 Y t .-sheets if required) 4 what particular act or omission on the part of county or &1st ict' officers, servants or employees caused the injury or damage? . (over) r* - .1..r .. , • .a'�. . _ �,w.:: •_�^-'• '.� .'-.•' .:,iY+•.^;Tom;.. f .' - . J r ', ;+.:.i:,�, _ , .y :+*�t,�.�jl.•�, i�•'^ e .yz< f 'J:l.'i.^._ r �{ r '.:i -Ii..t.. `' - :'.SE•.Y.J3:.� i•'WJ_ i•h•J./n•Ai..V.1.7v�••.:'.Y• .�I�.__... • I �/�lL�Q�. `��.1.��Z /{,r.(JL���i�Gd�i��.+R%�Gt:�.°'L•da,—_.�_..�L•7r+.�?!�c�•� ��...f/.d... ._ _ _ ;fie �. k. at are the names of county or district officers; servants or employees causing the damage or injury? ' ?04 6• What Uma or 1n uries-do Y-0 extent of injuries oz damages claimed. - Attach two estimates for auto - - .damage) - � ((�� :y 7. How was the amount c aimed -ove cputed? (Inclfide the es aced amount of any prospective injury or damage.) L —4— li---.�G� i�i—�.�•.—M---------N--M---- • Names ,�Ad addresses of witnesses, -doctors and hospitals. • tSiCi �. List the• exp ditures you made on account of thief aC�ident or injury: DATE ITEM AMOUNT Govt. Code Sec. 910.2 provides: �z - "The claim signed by the claimant ' SEND NOTICES TO: (Attorney) or by some person on his behalf.". Name and *Address of Attorney ,�i�t-c•,, �i�?cc�� r._ t_ r� t C aunaqt s gnatf&e Telephone No. Telephone No. 3 0 S =' • NOTICE � '•� Section 72 of the Penal Code }provides: "Every, person who, with intent to defraud, presents for allowance or for payment to any state board or officer, • or to any county, town, city district, ward or village board or officer-, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher,- If or writing, is guilty of a felony." i .. •. �.A•rt.•�.•ifE�..-7M�`• .+r a.-r'�li::i�.:"�_'.-�J.fs rrYr.�.:•r taw.1•Xr�..nr...'riL'.11.'4� rr.?.'. 4�rw�.�- ' AL 0 41 0, 00 to RJ /act Jed �'`� �- �- 12V 6y-- 12JI" CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA r � Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 14, 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 , 000 - 00 Section 913 and 915.4. Please note a1Caun%hpounscl CLAIMANT: MR, AND MRS . FRANCIS ANTOINE MAY 18 1988 c/o Brekhus & Williams ATTORNEY: 1000 Drakes Landing Road Martinez, CA 94553 Greenbrae, CA 94904 Date received ADDRESS: BY DELIVERY TO CLERK ON Ma;T 17 , 1988 Pub. Works BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. / DATED: May 18 , 1988 IL eATCHELOR, Clerk ( wex/,Y �a: 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: n Z2 Dated: J ' 90 BY: — Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDD ORDER: By unanimous vote of the Supervisors present (i 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. JUN 14 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: JUN 17 1988 BY: PHIL BATCHELOR byW;�6�eputy Clerk CC: County Counsel County Administrator f 6 i 6ai C EV Ira D Cif PUBLIC WORKS DEPT. CLAIM AGAINST THE COUNTY OF CONTRA COSTA MAY 0 21988 AM 16 TO: Contra Costa County 71819ilUill 2il,2131415 255 Glacier Drive Martinez, CA 94553-4897 The undersigned hereby presents the following claim against the County of Contra Costa, in accord with the provisions of Government Code Section 910. I. Name and address of claimant: Mr. and Mrs. Francis Antoine 111 Van Ripper Lane Orinda, CA 94 2 . Mailing address to which notices from C un directed: Brekhus & Williams l 1000 Drakes Landing Road �AY 1988. Greenbrae, CA 94904 cis 3 . Date of Incident: Within 100 days; continer ,w Location of Incident: 111 Van Ripper Lane, Orinda, C 4. Description of incident or accident including your reason for believing that the County is liable for your damages: The claimants sustained flooding, subsidence, earth movement, seepage and related damages resulting from, among other things, the failure of adjacent drainage facilities owned and maintained by the County of Contra Costa. Claimants are seeking recovery from the County under the following legal theories and causes of action (see attached) : 5. Description of all damages which you believe that you have incurred as a result of the incident: Damage to real and personal property; loss of use of real and personal property; special damages, including but not limited to, medical and related bills, lodging and restaurant expenses, loss of income, loss of/impair income capacity, relocation costs and losses, and other economic losses, diminution in value of real and personal property; personal injury and emotional distress; general damages. 6. The name or names of any County employees causing the damages that you are claiming: Unknown at this time. 7. The dollar amount of all damages that you are claiming (please attach all estimates that are available) : $500, 000 8. If this is a claim for indemnity, on what date were you served with the underlying lawsuit? N/A I declare under penalty of perjury that the foregoing is true and correct. Executed on April 29, 1988, in Greenbrae, California. BARRY F. WESTER Attorney for Claimants ATTACHMENT CAUSES OF ACTION AND LEGAL THEORIES 1. Negligence 2 . Strict Liability 3 . Maintenance of a dangerous condition 4. Violation of ordinance 5. Nuisance 6. Inverse condemnation 7 . Vicarious liability for acts of public employees 8 . In addition, claimants are seeking recovery under any and all other causes of action recognized by the California Supreme Court and the California Appellate Courts, as reflected in the official reports of the State of California, incorporated herein by reference. Further, claimants incorporate herein by reference and assert any and all theories of recovery discussed, referred to or otherwise mentioned in Witkin, Summary of California Law (8th Edition) and California Jurisprudence (3rd Edition) . 1 PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 2 3 I declare that: 4 I am a resident of the County of Marin, California. I am 5 over the age of eighteen years and not a party of the within 6 7 entitled cause; my business address is Brekhus & Williams, 1000 8 Drakes Landing Road, Greenbrae, California. 9 On April 29, 1988, I served the attached CLAIM AGAINST THE 10 COUNTY OF CONTRA COSTA on the parties in said cause, by placing a true copy thereof enclosed is a sealed envelope with postage 11 thereon fully prepaid, in the United States mail at San Rafael, 12 California, addressed as follows: 13 Contra Costa County 14 255 Glacier Drive 15 Martinez, CA 94553-4897 16 I declare under penalty of perjury under the laws of the 17 State of California that the foregoing is true and correct, and 18 that this declaration was executed on April 29, 1988, in 19 Greenbrae, California. 20 21 22 23 MARCELLA ORK 24 25 26 27 28 29 30 31 32 33 34 35 36 y CLAIM l/az!� ' 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 June 14, 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: $135 . 00 Section 913 and 915.4. Please note all "W nins" �u` ty Counsel CLAIMANT: GARY KEITH WILLS 3445 Euclid Avenue MAY 18 1988 ATTORNEY: Concord, CA 94519 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON May 13 , 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: May 13 , 1988 BY: Deputy L. Hall II. 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: r 0 Dated: BY: Deputy County Counsel J 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. JUN 14 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: JUN 17 1988 BY: PHIL BATCHELOR by rllW&Aeeputy Clerk CC: County Counsel County Administrator V 4 CLAIM�TO: SOARD OF SUPERVISORS OF CONTRA COPT }appiication to• Instructions to Claimaritc!erk of the Board .o.BoX911 Martinez.caiifomia 94553 A. Claims relating to causes •of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action-must be presented not later than one year after the accrual of the Cause _ of.,.action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. if claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District--should be filled in. ..D. If the claim is against more than one public entity, separate claims must be filed against each public entity. , E. Fraud. -•See-penalty for fraudulent claims, Penal Codec:72 at end or this form. RE: Claim by )Reserved for C k's .filing stamps ~: Against the COUNTY OF CONTRA COSTA; MAY 13 1988- or DISTRICT) ' F1 1n name ) C K �A H 15M � {►� _ 8 �f The undersigned claimant hereby makes claim against the County ol Contra - Costa or the above-named District in the sum of $ 135. 00 and in support of this claim represents as follows: �,�. When ds.d the damage or injury occur? (Give exact date and hour] 16t RFs • - `��_. " 37 where did tie-dama a or in'----occur?--- ------ --------------- •- • g 3ftry (Include ity and county) _ 01 3. How did the damage or injury occur? ive �uli-detai , use extra :::, sheets if required) LS_e-Q% I WIL4 Av""l4* What particular act or omission on the part of county or district' officers, servants or employees caused the injury or damage? :.;:;;�►:;:.:' •._. 4 (over) r_ = + } 'moi�,.." • .w:'i�.� .w°.t..�,L,t.._..a. _¢•_... v 5:• What are the names of county or district officers, servants or employees causing the damage or injury! ' . . "''" K. What Gage or injuries do you claim resulted?�ZGive-full extent of injuries of damages claimed. - Attach two estimates for auto damage Q •-------- - . 7. How was the amount claimed above computed2 (Include the estimated amo t of any prospective injury or damage.) • ♦ s �--"- 8. Names and addresses of witnesses, -doctors- and hospitals. oz I yap �. List the ,expend.itures. you made on account of this accident or ln�ury: `-;-" ITEM AMOUNT 5 W. • f �a�o►�:o! 3�fis• 5 &fid ;�r .� . . - • Govt. Code Sec. 910.2 provides: I "The claim signed by the claimant SEND NOTICES TO: (Attorney) or byAome person 6YI his behalf."r__ -Al Name and 'Address of Attorneyq r Cla an s Si na ure • 3 ` .. . . . , ._ _ Address Telephone No. Telephone No. ,. NOTICE Section 72 of the Penal Code provides: .1 "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." s . •.• -ti��4C�Yi _ • ri�� .. .. .. nL.e:fs�"Fw^�.•ar...K'iCii!—i.:r.•isiidla.-i'1..;a.....•7:I�+��. -_. .--- --"—___. .. .'- ....-�—_....---'-�--�+ - •�.- "�__w_ .�--ter---.,� - -- . .. .. �r -••--mac CONTRA COSTA DETENTION FACILITY LJIS11 CLOTHING RECEIPT ` r DATE: 03/25/88 REC 131.405 �`= TIME: 2134 " FACILITY: MDF NAME (l, F, M): WILLS GARY KEITH BOOKING NBR: "''88'007505) 3 SHIRT/BLOUSE [PANTS/SKIRT CO T/JACKETI' SHOES/BOOTS SH�RTS/PANTIES \. -SHIRT/BRA SOCtS/NYLONS HAT/PURSE SWEATER/SWT. SHIRT DRESS ED .. .. _ .... '.f.- OTHER o INM SI A R v D �. �G° I HAVE RECEIVED ALL OF MY _W CLOTHING REL OFC:,,- AZ }e x xz- INMATE SIGNATURE CLAIM �ocU 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 June 14, 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: $120 , 840. 32 Section 913 and 915.4. Please note all "Warn Sol. C' unty Counsel CLAIMANT: STEVE M. MATTOS 3005 Marina Drive ff�igr 1 --) 1988 ATTORNEY: Alarieda, CA 94501 IV, CA 94553 Date received I ADDRESS: BY DELIVERY TO CLERK ON May 17 , 1988 BY MAIL POSTMARKED: May 16 >' 1988 Certified P 850 534 424 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: May 18 , 1988 BY: Deputy L. Hall 11. FROM: County Counsel TO: - Clerk of the Board of Supervisors (v ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 9I0.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.6). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: ol Dated: BY: ^'� � Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDD ORDER: By unanimous vote of the Supervisors present (V) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUN 141988 �- " 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: J�N 1 7 1988 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator MAY 14, 1988 RECEIV�.�j PRESIDENT CONTRA COSTA COUNTY 19�a BOARD OF SUPERVISORS MAY 17 ADMINISTRATION BUILDING 651 PINE STREET C ERK L HE °n' MARTINEZ, CALIFORNIA 94553 sputy REG: STATUTORY NOTICE OF CLAIM DEAR PRESIDENT OF THE C.C.C. BOARD OF SUPERVISORS: DUE TO ERRORS BY YOUR EMPLOYEES AT THE CONTRA COSTA COUNTY TAX COLLECTORS OFFICE I HAVE BEEN GROSSLY DAMAGED. .. I PURCHASED A SUMMER HOME AT 4944 SANDMOUND BLVD. OAKLEY ON NOVEMBER 13, 1987. 1 VISITED THE COUNTY TAX COLLECTORS OFFICE ON NOVEMBER 12TH 1987 TO FIND OUT IF THERE WERE ANY DELINQUENT TAXES OWED. I WAS TOLD THAT THE TAXES WERE PAID CURRENT. BASED ON WHAT I WAS TOLD BY YOUR COUNTY CLERKS I PURCHASED THIS PROPERTY WITHOUT TITLE INSURANCE AT 9 AM AT AUCTION AT THE WALNUT CREEK CITY HALL. THE TRUSTEE WHO WAS SELLING THE PROPERTY WAS T.D. SERVICE OF WALNUT CREEK. I WOULD NOT HAVE BOUGHT THIS PROPERTY FOR THIS PRICE IF THERE WOULD HAVE BEEN BACK TAXES OWED. THERE WERE IN FACT NO BACK TAXES OWED AT THE TIME OF MY PURCHASE AND THIS WAS CONFIRMED AND RECONFIRMED TO ME BY YOUR TAX OFFICE. ON NOVEMBER 17, 1987 1 STOPPED BY YOUR TAX OFFICE TO GET THE EXACT AMOUNT OF CURRENT PROPERTY TAXES THAT WERE DUE. I WAS GIVEN A BILL FOR THE 87/88 TAXES OF $1 ,884.78. 1 SENT A CHECK FOR THAT AMOUNT ON NOVEMBER 24, 1987 BOTH INSTALLMENTS (COPY OF CHECK ENCLOSED) NOW FIVE MONTHS AFTER MY PURCHASE I AM SENT A STATEMENT FROM YOUR TAX DEPARTMENT SHOWING THAT I OWE $12,044.15 FOR BACK TAXES AND PENALTIES. (COPY ENCLOSED) YOU CAN IMMAGINE MY SHOCK. I WOULD NOT HAVE BOUGHT THIS HOME FOR WHAT I DID HAD I KNOWN THE TAX COLLECTORS OFFICE COULD POSSIBLY REVERSE A PAID TAX BILL TO THE NEW OWNER WHO BOUGHT THE PROPERTY IN GOOD FAITH ON THE ASSURANCE OF THE TAX COLLECTORS OFFICE THAT THERE WERE NO BACK TAXES OWED AND IN FACT THERE WERE NONE OWED AT THAT TIME. THERE IS NO QUESTION I HAVE BEEN DAMAGED BY THIS ERROR OF THE TAX COLLECTORS OFFICE OF ACCEPTING A PERSONAL CHECK IN THE FIRST PLACE FOR BACK TAXES. THEN HOLDING THAT CHECK FOR ALONG TIME BEFORE DEPOSITING IT WHILE ASSURING ME.ON TWO OCCASIONS THAT THE TAXES WERE PAID CURRENT AND BY THEN ACCEPTING MY CHECK FOR THE UPCOMING TAX PERIOD THEREBY FURTHER ACKNOWLEDGING THAT THERE WERE NO BACK TAXES OWED. IF THE FORMER OWER PAID HIS TAXES AND THEN STOPPED PAYMENT ON HIS CHECK HE SHOULD BE HELD LIABLE AND HE SHOULD BE ARRESTED FOR A BAD CHECK. NOT THE NEW OWNER WHO BOUGHT THIS HOME IN GOOD FAITH AND WITH THE ASSURANCE OF THE CONTRA COSTA TAX COLLECTORS OFFICE THAT THE TAXES WERE PAID CURRENT. $ 88,796.17 CASH OUT OF POCKET TO DATE PURCHASE /RENOVATE 12,044.15 COUNTY TAX LEIN PLACED ON PROPERTY AFTER CHANGE OF OWNERSHIP 20.000.00 ESTIMATE ATTORNEY FEES IF NEEDED. MILLER,STAR,& REGALIA $ 120,840.32 TOTAL ESTIMATE OF DAMAGE TO STEVE M. MATTOS PLEASE LET ME HEAR FROM YOU ON THIS MATTER AT YOUR EARLIEST CONVENIENCE. SINCERELY, STEVE M. MATTOS 3005 MARINA DRIVE ALAMEDA,CAL. 94501 TEL. 415-523-2033 n Lnn g rn PTAH o nrnAi t• Tax Collector's Office Contra AlfredCountyTrree Lomeli asurer-Tax Collector 625 Court Street Costa Joseph L. Martinez Finance Building, Room 100 Deputy Tax Collector P.O. Box 631 County Martinez, California 94553 Nancy L. Webster (415) 372-4122 st. '-° Department Account Clerk Manager 1,.Jp + C May 6, 1988 Mr. Steve M. Mattos 3005 Marina Drive Alameda, California 94501 Sale 83-5711 Dear Mr. Mattos• Parcel 032-201-019 In reference to your letter of April 23 , 1988 , referenced above, we sincerely regret the circumstances regarding the delinquency against this property. As a means of explanation, the notice of delinquency you recently received is a courtesy notice sent to alert new owners of outstanding taxes against their property. We received payment of the above noted delinquency on November 12, 1987 from Mr. Charles Campbell totaling $11, 343 . 38. Payment was immediately processed and remittance deposited. On November 19, 1987, two days after you indicated you were in, this check was returned by the bank not honored and with the notation thereon "PAYMENT STOPPED" ; and, we promptly (11-19-87) initiated payment cancellation procedures. Since we are unable to be of assistance to you in this matter as taxes are assessed against the property not the person, we suggest that you contact an attorney for further action. Very truly yours, ALFRED P. LOMELI Treasurer-Tax Collector Nancy Webster Department Account Clerk Manager nlw APklL 23, 1988 ALFRED P. LOMELI TREASURER-TAX COLLECTOR CONTRA COSTS COUNTY - P.O. BOX 631 MARTINEZ, CALIF. 94553-0063 REGARD: AP # 032-201-019 SALE 83-05711 4944 SANDMOUND BLVD. OAKLEY, C. DEAR MR. LOMELI, I RESPECTFULLY REQUEST YOUR DEPARTMENT TO CLEAR ALL LEINS FOR BACK TAX'S AND PENALTIES ON MY PROPERTY SHOWN ABOVE. I PURCHASED THIS PROPERTY AT 4944 SANDMOUND BLVD. OAKLEY ON NOVEMBER 13, 1987. 1 VISITED THE COUNTY TAX COLLECTORS OFFICE ON NOVEMBER 12TH 1987 TO FIND OUT IF THERE WERE ANY DELINQUENT TAX'S OWED, I WAS TOLD THAT THE TAX'S WERE PAID CURRENT, BASED ON WHAT I WAS TOLD BY YOUR COUNTY CLERKS I PURCHASED THIS PROPERTY WITHOUT TITLE INSURANCE AT 9 AM AT AUCTION AT THE WALNUT CREEK CITY HALL. THE TRUSTEE WHO WAS SELLING THE PROPERTY WAS T.D. SERVICE OF WALNUT CREEK. I WOULD NOT HAVE BOUGHT THIS PROPERTY FOR THIS PRICE IF THERE WOULD HAVE BEEN BACK TAX'S OWED. THERE WAS NO BACK TAX'S OWED AT THAT TIME OF MY PURCHASE AND THIS WAS CONFIRMED AND RECONFIRMED TO ME BY YOUR OFFICE. ON NOVEMBER 17, 1988 1 STOPPED BY YOUR OFFICE TO GET THE EXACT AMOUNT OF CURRENT TAX'S THAT WERE DUE AND WAS GIVEN A BILL FOR THE 87/88 TAX'S OF $1 ,884.78. 1 PAID THAT AMOUNT ON NOVEBER 24, 1987 BOTH INSTALLMENTS. (COPY Of CHECK ENCLOSED) 1 SUSPECTED SOMETHING WAS WRONG SEVERAL WEEKS AFTER MY PURCHASE BECAUSE THE RELAMATION DISTRICT SENT ME A NOTE ASKING FOR $224.25. 1 CALLED THEIR OFFICE AND THEY TOLD ME THAT THEIR CHECK PAYMENT WAS STOPPED BY THE PREVIOUS OWNER. NOW FIVE MONTHS AFTER MY PURCHASE I AM SENT A STATEMENT FROM YOUR DEPARTMENT THAT I OWE $12,044.15 FOR BACK TAX'S AND PENALTIES. (COPY ENCLOSED) IM SURE YOU CAN IMAGINE MY SHOCK. I WOULD NOT HAVE BOUGHT THIS PROPERTY FOR WHAT I DID HAD I KNOWN THAT THE TAX COLLECTERS OFFICE COULD POSSIBLE REVERSE A PAID TAX BILL TO THE NEW OWNER WHO BOUGHT THE PROPERTY IN GOOD FAITH ON THE ASSURANCE OF THE TAX COLLECTORS OFFICE THAT THERE WERE NO BACK TAX'S OWED AND IN FACT THERE WERE NONE AT THAT TIME. THERE IS NO QUESTION I HAVE BEEN DAMAGED BY THIS ERROR OF THE TAX COLLECTORS OFFICE OF ACCEPTING A PERSONAL CHECK IN THE FIRST PLACE FOR BACK TAX'S. THEN HOLDING THAT CHECK FOR.SEVERAL WEEKS BEFORE DEPOSITING THE CHECK WHILE ASSURING ME ON TWO OCCASIONS THAT THE TAX'S WERE PAID CURRENT AND BY ALSO ACCEPTING MY CHECK FOR THE UPCOMING TAX PERIOD. IT IS NOT FAIR TO EXPECT ME TO PAY FOR YOUR DEPARTMENTS ERROR AND THERE IS NO QUESTION I WOULD NOT HAVE BOUGHT THIS PROPERTY FOR $12,000 MORE THAT I PAID. I HOPE YOU CAN HAVE THESE LEINS AND BACK TAX'S REMOVED FROM MY PROPERTY WITHOUT TO MUCH TROUBLE OR DELEY. IF YOU CANNOT PLEASE REFER THIS MATTER TO THE BOARD OF SUPERVISOR FOR THERE ACTION OR LET ME KNOW HOW TO PROCEED IN THAT REGARD. I WILL NOT TAKE ANY FURTHER ACTION UNTIL I HERE FROM YOU. THANK YOU FOR ANY ASSISTANCE YOU CAN GIVE ME TO BEST RESOLVE THIS UNFORTUNATE MATTER, SINCERELY, STEVE M. MATTO,; 3005 MARINA DRIVE ALAMEDA, CALIF. 94501 415-521-5425 . y9 Yy osf/�/o�ov%✓v llqx— SALE =3-05711 REDEMPTION DETAIL IF PAID DURING 05/88 PAGE 001 DELINQUENT TAXES & ASMTS 7,786-0 DELINQUENT PENALTIES 772.46 DELINQUENT COSTS 40-00 REDEMPTION PENALTY 3,430.47 REDEMPTION FEE 15.00 ***TOTAL TO REDEEM*** 12,044. 15 DELINQUENT DELINQUENT DLNQ REDEMPTION YR PARCEL ID TAXES & ASMTS PENALTY COST PENALTY 83 032-201-019--0 1 ,973-00 197 . moi:) 10-00 00 1 ,.390.9F, 84 032-201-019-0 2,0a l -72 198-0 : 10-00 1 ,071 .90 85 032-201-019-0 1 ,91S.46 191 . _4 10-00 661 . ;F, '-6 032-201-019-0 1 ,853-04 185— ';0 10-00 305-75 —75 *** TOTAL *** 7,786-22 772- 46 40-00 3,=-W *****LAST ,=- *****LAST LINE***** April 21, 1988 Our records indicate that there are delinquent taxes on the Rove parcel. This printout shows the amount needed to redeem by May 312 1988. ' v a�a�'S�®a�w'.�' .'T..�•aa�rmuc.:�.... ^^••c:..��::i�W��Cmma�91L'�:.'wamrr�ar.:��:::eamt®my"T ..a � _ MATTOS' ALLIED PACIFIC 5 219 STEVE MATTOS REALTOR' / LORRAINE MATTOS REALTOR u k*? MARINA DRIVE A�tiEDA, CA 94501 90-9823/1211 19 PAY Ch 7 b�.,, . .. Y O TO THE = ORDER OF �. °t<C, i'B?LfZ�. C Oj t2:rti / C I $i /._L ..�L..� ✓..../ C DOLLARS i, BAY BANK or COMMERCE.. (415)357-Bank 1495 East 14th Street.San Leandro.CA 94577 FOR 7& 11•00 S 2 L 911' 1: L 2 L L M 2 3 31: 00 L1,t L L 1469 ' x'0000 1B84 7811' a'---"�la •.... __..r„mtr.. -:..9.1c>'” `�'rttcxamnt�.�_aar.�...w....,�..wr..,, ar.... CLAIM /Ipo 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 June 14, 19$$ 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: $100, 000. 00 Section 913 and 915.4. Please note all "Warn " �.��lthty COUf1S@I CLAIMANT: DUANE SCOTT JOACHIM 1736 23rd Avenue #11 PJAY 181988 ATTORNEY: Oakland, CA 94606 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON May 17 , 1988 BY MAIL POSTMARKED: May 16 , 1988 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 18 , 1988 pH IL BATCHELOR, Clerk DATED: y 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: A Date / I BY: 1>44 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. JUN 14 1988 Dated: PHIL BATCHELOR, Clerk-, By__,�Z' % Z� , 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: JUN 17 1988 BY: PHIL BATCHELOR by a' 'lle-puty Clerk CC: County Counsel County Administrator 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 per- sonal property or growing crops and which accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 1069 County Administration Building, 651 Pine Street, Martinez, CA 94553.- C. 4553•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 the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Duane Scott Joachim ) Municipal Court ) RECEIVED Against the County of Contra Costa ) or ) MAY 17 19�� Walnut Creek District) Fill in name ) c�EAK a% By ! The undersigned claimant hereby makes claim agains on ra Costa or the above-named District in the sum of $ 100. 000. 00 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) May 05 , 1988 at 4: 15 PM and again at 4:45 PM ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) ___ MuniCi�al_ Court1_ Dept_#2_-Cit _of Walnut Creek, County of Contra Costa -------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attached lable as Exhibit #1 ---------------r------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Attorney Mike Kotin, that represented the claimant, that was known as the Defendant in DA N0. 571693 , that was before the Honorable Merle R.Eaton, that the said Attorney objected to the reading and proceedure of Medical records that were readed in a open Court room and made available to the Public by means of transcripts that are available fqr sale at the (over 5°. What are the names of county or district officers, servants or employees causing the damage or injury? Judge Merle R. Eaton, Clerk of Courts , District Atty. office ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. �Q_x�xi�ysy�_�ms�.ian�.��r�..._��aniLiy.�._�i��►�.es-- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Base on punitive damages and the obstruction of Federal Laws pursuant to the Federal Register Vol . 40 No. 127 section §252-1 (c) and others ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Mil:-- Kotin, Public Defender office of Centra Costa 610 Court Street Martinez , Ca . (Court Transcripts ) ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Duane Scott Joachim Clai 's Signature 1736 23rd Ave. , Apt.#11 ,,�/ Oakland, Ca . 94606 ���b � r6 o IN PRO PER. (Address) Telephone No.N1S� Zrc�'0-� Telephone No.641,$) '2C(' os,- 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, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. Y Y Exhibit Number One On May 05, 1988, this matter was before Judge Merle R. Eaton, in the Municipal Court of Walnut Creek, County of Contra Costa, inasmuch this was a Hearing before the aforesaid Court, that the District Attorney office had subpena the persons of Ann Canvereck of Seton Medical Center of Daly City, California that the complaint in the said matter of People vs. Duane Scott Joachim case docket 571693, that clearly states on pages to verify Exhibits #3,#4,#5,#10,#25,#26, that were attached to the papers thereof , nevertheless upon the said persons appearence before the Court she Mrs Canvereck, had in her persons all medical history, that the Attorney for the Defendant as named, objected to the order of the way the medical records were, base on no subpena and violation of the patient interest, thereafter stating a Penal Code and the District Attorney in the said case stated a acception to the Department of Insurance, that she claimed was there Agent ( Court transcripts are open to the Public for sale at the Clerk offices and at the Court Reporter office, these issues are held under patient interest to protect those records as to compliance with Federal laws that cover the interest of the patient as mentioned in the claim form) Also the Honorable Judge Eaton, just allowed the records to be enter upon transcripts, under noting the objection and nothing elas was stated to safeguard from public-veiw. This was done at 4: 15 PM on the aforesaid dated. On May 05, 1988, the District Attorney office of your County ordered under subpena for the persons of Belinda Rule to appear before the Court on the aforesaid matter as stated above to verify Exhibits #11 ,#17,#19. upon appearing the said person had at hand medical records that were subject of the named defendant in these matters, thereafter counselor for defendant objected once again on that there was no order or subpena for the records, the Honorable Judge Eaton, once again allowed the medical records to be read, and also to become a record of the court in the same manner as stated above, pretains to these issues. The defendant believes that the said Court was in violation of the act of failure to safeguard medical information, this and violations of the Federal Register Vol 40 No 127, and these sections as well as State laws and statutes thereof, as well of violating judicial law and order. • 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 June 14, 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: $154. 33 Section 913 and 915.4. Please note all "WC janf� Counsel CLAIMANT: CARL S . AND CLARICE RUSH l 1356 Grandview Avenue GI�Y j b 1988 ATTORNEY: Martinez , CA 94553 Martnez, CA 9453 Date received ADDRESS: BY DELIVERY TO CLERK ON May 17 , 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. May BY: D 18 , 1988 PpHHIL BATCHELOR, Clerk DATED: � eputy -C, 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: i Dated: BY: i 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 (1� . 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. 1969 Dated: AN 1 4 PHIL BATCHELOR, Clerk, By �! Lam" 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. JUN 17 1988-;, Dated: BY: PHIL BATCHELOR by 1 ty Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY J INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months 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. (Govt. Code §911.2.) 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• 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 the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Carl S.And Clarice Rush ) 1356 Grandview Ave ) Martinez , CA 94553 ) Against the County of Contra Costa ) //_EC or District) 1 Fill in name ) The undersigned claimant hereby makes claim against a osta or the above-named District in the sum of $ 154 .38 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) May 8, 1988 , approx. 5: 30 - 6 p.m. ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) approx. 60 yards north of 4744 Pacheco Blvd. on Pacheco Blvd. Martinez , CA, Contra Costa County ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required)Drain culvert under Pacheco caused severe erosion under surface of road due to poor installation. Auro broke through road surface when driven over it causing damage to car. Driving Zouth on Pacheco Blvd. ; hit pothole in road _ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Deep pothole; extreme hazard to motorists; should have been repaired . Culvert installation poorly done Road allowed to become unsafe. (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Contra Costa County Public Works Dept . M. Walford, Dir. ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Broken ball joint and idler arm on 1981 Oldsmobile Cutlass and Realignment required ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Cost to repair vehicle ( attached invoice ) plus work still to be done (re-alignment ) which shop was unable to complete. No claim made at this time for towing vehicle or time in=venfence or mental stress . ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Repairs done by Big O Tires , 2425 Pacheco Blvd. , Martinez , CA Car was towed by Calif Auto Assoc. Truck (McHugh) ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Re-alignment ( to bu done ) 34 . 95 5/9/88 y, Parts , to repair $55 . 80 Labor'. 60 .00 ' ax 3 .63 Total Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or b om e s n o his behalf." Name and Address of Attorney Carl S. Rush $__. cc�u�.c, K• � �� Clarice Rush Claimant's Signature 1356 Grandview Ave. Address Martinez , CA 94553 Telephone No. Telephone No. 228-0280 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, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. 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