HomeMy WebLinkAboutMINUTES - 06271988 - 1.15 AMENDED /
CLAIM 45—
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
t
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 28 , 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: JON CHISM
c/o Roger W. Patton
ATTORNEY: 262 Grand Avenue #305 `
Oakland, CA 94610 Date received June 3, 1988 CC
ADDRESS: BY DELIVERY TO CLERK ON
BY MAIL POSTMARKED: June 1 , 1988
Certified P 779 384 742
I, FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
June 6 , 1988 PpHHIL BATCHELOR, Clerk
DATED: BY: Deputy "V/1
L. all
11. FROM: County Counse.1 TO: Clerk of the Board of Supervisors
(✓) This74claim 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
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. BOARD ORDER: �By nanimous 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.
2 8 1988
Dated: PHIL BATCHELOR, Clerk, ByX_�puty 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 2 0 1988 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
1 C( (,
2 ROGER W. PATTON
Attorney at Law RECELVED
3 262 Grand Avenue, Suite 305
Oakland, California 94610
4
Telephone (415) 444-6272 JUN 3 1988
5 CLERF PERSORS
NTR YIuty
6
Attorney for Jon Chism By . ..
FIRST AMENDED
7
CLAIM AGAINST: Contra Costa County, Contra Costa County
Sheriff' s Department , Pleasant Hill Police Department , Officer
8 Kristen Rosenberg, Officer Enea, unknown deputies of Contra
9 Costa Sheriff' s Department
TO: County Counsel of Contra Costa, Citv Attorney of
10 Pleasant Hill
11 CLAIMANT'S NAME: Jon Chi sr_m
12 CLAIMANT'S ADDRESS: 3464 Astoria Circle , Fairfield, CA 94537
13 CLAIMANT'S PHONE NUMBER: (707) 429-4830
14 AMOUNTOFCLAIM: In excess of $10 , 000 - Superior Court jurisdictioi
15 ADDRESS TO WHICH NOTICES ARE TO BE SENT: 262 Grand Avenue #305
16 Oakland, CA 94610
17 DATE OF OCCURRENCE: February 16 , 1988
18 PLACE OF OCCURRENCE: Contra Costa County Jail , Martinez, CA
19 DESCRIPTION OF INCIDENT: Pleasant Hill police officers escorted
claimant to County Jail facility in Martinez where claimant was
20 unjustifiably attacked, battered and injured by unknown deputy
sheriffs while the police officer looked on .
21
22
23
24 ITEMIZATION OF CLAIM: Unknown Kaiser expenses . General damages
25 for pain and suffering according to proof.
26
27 DATED: June 1, 1988
28 BY:
ROG J°,T. PA ON
CLAIM
r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Cle.im Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 28 , 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: $758, 000 - 00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: WORLDWIDE EDUCATIONAL SERVICES OF CA, INC . (MS . ) NEIL R. BARTH, PRESIDENT
c/o Joel Zeldin/Barry Reder
ATTORNEY: one Embarcadero Center
San Francisco, CA 94111 Date received
ADDRESS: County Counsel BY DELIVERY TO CLERK ON May 31 , 1985 hand del .
JUN 1 1988 BY MAIL POSTMARKED: no envelope
I. FROM: C1 ,B ervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PpHHIL BATCHELOR, Clerk
DATED: June 1 , 1988 BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ✓) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY eputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for.
this date.
Dated: JUN 2 8 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 otice to Claimant, addressed to
the claimant as shown above.
JUN 2 9 1988
Dated: BY: PHIL BATCHELOR by uty Clerk
CC: County Counsel County Administrator
Claim,.t-e _ 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 propdrty 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 four _Clerk's filing stamp
Worldwide Educational Services
of CA, Inc. ; RECEIVED
(Ms. ) Neil R. Barth, President ) ;.>/
Against the County of Contra Costa ) �� �vl AY 3 119.8.8.
or )
District) CLERK A PER ozI
ty
Fill in name ) By .:
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 758 ,000 - 00 and in support of
this claim represents as follows:
--------------------
I. When did the damage or injury occur? (Give exact date and hour)
Full PIC meeting 5/16/88 and prior actions commencing in February 1988 .
2. Where did the damage or injury occur? (Include city and county)
Concord, CA Contra Costa County
-------------------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
Damage resulted from action of the Private Industry Council impacting
funding level of currently operating contractor in West Contra Costa ..
County.
-------------------------- ------------------ - ----
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage? Appeal to action of the
Private Industry Council was submitted on four major areas including:
(1) Conflict of interest on part of PIC member;
(2) Inappropriate Committee actions;
(3) Flawed appeal process;
(4) Scoring/Demonstrated Effectiveness;
Above also provides basis of grievance submitted to local (Mpirrice Delivery
Area.
5. ,What are the names of county'or-district officers, servants or employees causing
'l the damage or injury?
Private Industry Council of Contra Costa County.
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Loss of 2 major contracts under JTPA legislation.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Amount of claim was based on loss of two contracts over two year
period and peripheral income attached to those contracts including
--GAIN-services: --.$758 ,000 ..00
8, Names and addresses of.witnesses, doctors and hospitals.
Not Applicable - Appeal based on public meeting with public records ,
minutes, tapes, etc.
--------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE . .- ITEM AMOUNT
Not Applicable - se-e above.
Gov: Code Sec, 910.2 provides:
"The claim must be signed by the claimant
SEND u()7ICES TO: (Attorney) or by some AZerson on his behalf."
Name and Address of-Attorney -
Qieil Barth, President)
Joel Zeldin/Barry Reder aimant's Signature
Dinkelspiel, Donovan, Reder Worldwide Educational Services of CA, Inc.
One Embarcadero Center 2600 Stanwell Drive, #103
San Francisco, CA 94111 Address
Concord, CA 94520
Telephone No. 788-1100 Telephone No. 798-2000
* * * * * * * *
N 0 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.
CLAIM `6—
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 28 , 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: $300, 000. 00 Section 913 and 915.4. Please note all "Warnings"
County Counsel
CLAIMANT: ANN GODWIN
2021 Francisco Street #302 JUN 11968
ATTORNEY: Berkeley, CA 94709
Date received Martinez, CA 94553
ADDRESS: BY DELIVERY TO CLERK ON May 25 , 1988 hand del .
BY MAIL POSTMARKED: no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim, p gg
DATED: j1.UZIe :l , 19:13 BAIL DeputyLOR, Clerk
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( �4 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
Dated: �{� BY: i, ; (rr 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 2 8 1988k—
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 otice to Claimant, addressed to
the claimant as shown above.
Dated: JUN 2 9 1988
BY: PHIL BATCHELOR by uty Clerk
CC: County Counsel County Administrator
# Claim to: - BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented pot 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
Ann Godwin
)
RECEIVED
Against the County of Contra Costa )
or ) MAY 2 51988
District)
Fill in name ) CLE PN BA E WAS;
B 1. ty
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 300, 000. 00 and in support of
this claim represents as follows:
-------------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
February 16, 1988 at approximately_ 3 00_.F_m---------------------------------
2.
----------------------------2. Where did the damage or injury occur? (Include city and county)
2425 Bisso Lane, Concord, California (Contra Costa Countv)
------------------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required) Mary Roy, on behalf of the County of Contra Costa, intLantionally
inflicted emotional distress on me in violation of County rules relating to
fairness and sexual harassment and sexual discrimination, and in violation
of state law, union contract and in violation of federal law. (See attachment
--------------------------------------------------------------------------er-court nuation)
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage? On 'February 16, 1988, I
was discharged by the County of Contra Costa. -Mary Roy carried out this
act. She stated that it was for "poor job performance. " In fact it was
not for "poor job performance, " but rather because of my complaint over
sexual harassment, and I was sexually discriminated against by Mary Roy
(see attachment for continuation)
(over)
y
5• What are the names of county or district officers, servants or employees causing
the damage or injury? Persons who may have information relating to this
who are employees of the County of Contra Costa include Barbara Cross,
Suzanne Pregerson, Jovice Balcaceres, Mary Roy, and Leon Wanerman. Other
employees may exist with information relating to my claim but their names
---a=-flolt'FresM-1rt��icrro�rrr-to- ----------------------------------------------
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage. Emotional distress;
injury to my reputation, both professional and personal; and lost
wages. Total damages claimed $300, 000. 00 .
-------------------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.) My wages in gross are $2, 500. 00 per month.
I am presently not employed. I am claiming general damages as well as
lost wages.
---------------------------------- --------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals. Mary Roy, and other
persons not presently known to me.
-------------------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
5/17/88 Attorney' s Fees $150/hour - current amount
not presently calculated
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
Ann Godwin
2021 Francisco Street, #302 C imant's Signature
Berkeley, CA 94709
Address
Telephone No. 848-24 6 6 Telephone No.�e�w G �D
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.
Board of Supervisors of Contra Costa County
Instructions to Claimant
3. Cont'd -- She also defamed me by creating a misreading ---
and/or false job performance evaluation, and, I believe, by
giving out false and/or misleading reference information to
a potential employer (or employers) . She also fired me under
false pretenses to cover up sexual discrimination and harassment.
4 . Cont'd -- because of my complaint relating to sexual
harassment. My firing was in violation of Contra Costa County
rules outlawing such discrimination, in violation of state law
outlawing such discrimination, in violation of Contra Costa County
rules relating to fairness and due process, in violation of
state and federal rules relating to sexual discrimination and
harassment, and in violation of local state and federal rules
relating to due process and fairness. It was also in violation
of my rights under the union contract.
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 28 , 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".
County Counsel
CLAIMANT: DENNIS COLE
c/o Victor J. Van Bourg JUN 11988
ATTORNEY: Van Bourg, Weinberg, Roger & Rosenfield
875 Battery St. 3rd floor Date received Martinez, CA 94553
ADDRESS: San Francisco, CA 94111 BY DELIVERY TO CLERK ON May 27, 1988
BY MAIL POSTMARKED: May 26 , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Ma 31 , 1988 PpHHIL BATCHELOR, Clerk
DATED: y BY: Deputy r (.
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( L/I 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:
—7,
Dated: ( — 0 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 2 8 1988
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 2 9 1988 BY: PHIL BATCHELOR by ut Clerk
P y
CC: County Counsel County Administrator
1 VAN BOURG, WEINBERG, ROGER & ROSENFELD
2 875 Battery Street, 3rd Floor
San Francisco, California 94111
Telephone (415) 864-4000
3 Attorneys for Claimant
4 Dennis Cole RECIPIVED
s 7 1988:
6 CLE R P HELOR
ISC ij
7 RPuty
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 IDENNIS COLE, )
15 Claimant, )
Against ) No:
16 )
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, Dennis Cole, by and through his attorneys of record
24 acting on his behalf, hereby presents this claim to the Board of
25 Supervisors of the County of Contra Costa pursuant to Section 910
26 of the California Government Code.
124 1
1 A. The name and post office address of Claimant is Dennis
2 Cole, 7907 Spencer Lane, Vacaville, California 95688 .
3 B. The post office address to which Claimant desires notice
4 of this claim to be sent is as follows :
5 Victor J. Van Bourg
Sandra Rae Benson
6 VAN BOURG, WEINBERG, ROGER & ROSENFELD
875 Battery Street, Third Floor,
7 San Francisco, California 94111
8 C. On or about March 18, 1988, at Pittsburg, California,
9 Claimant received personal injuries under the following
10 circumstances : Plaintiff was formally and falsely arrested,
11 detained at the Pittsburg Police Department, and was forced to
12 undergo a formal booking procedure which included photographing
13 and fingerprinting . The government entity and/or government
14 employees involved effected the false arrest in furtherance of a
15 plan or design to improperly assist various employers, including
16 but not limited to, USS-POSCO Industries, BE&K Construction
17 Company, and AMK International in a labor dispute and for the
18 collateral
purpose of assisting these employers by making an
19 example of known Union adherents, including Claimant, who had
20
peacefully exercised their First Amendment rights to criticize
21 these employers .
22 D. As far as is known at the time of presentation of this
23
claim, Claimant Cole suffered, as a result of the false arrest,
24
loss of freedom, loss of wages , damage to his good name and
25
reputation, and physical and emotional distress .
26
2
1 e
r 1
1 E. The name or names of the public employees causing the
2 injury, damage, or loss , to the best of claimants knowledge are
3 Gary T. Yancey, District Attorney, Gene S. Woo, Deputy District
4 Attorney and Peter Bonis, Deputy District Attorney.
5 F. The amount of damages claimed by Claimant Cole exceeds
6 ten thousand dollars ($10, 000 . 00) and jurisdiction over the claim
7 would rest in the Superior Court of the State of California, in
8 and for the County of Contra Costa .
9 �
DATED: May o7, , 1988
10 Respectfully submitted,
11 VAN BOURG, WEINBERG, ROGER & ROSENFELD
12' VICTOR J. VAN BOURG
SANDRAE BENSON
13
14
By:
15 VICTMe J. VAN BOUR
Attorneys for Clai nt
16 Dennis Cole
17
18
19
20
21
22
23
24
25
26
4SO124 3
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- 28 , 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: JAMES GIBSON ETAL County Counsel
c/o Russell W. Taylor
ATTORNEY: Taylor & Field JUN 11968
1814 Franklin Street #500 Date received
ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON May 31, 19ft a,-tinez. CA 94553
BY MAIL POSTMARKED: May 27 , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. ppH gg
DATED: June 1 , 1988 B�jII DeputyLOR, Clerkt�Vl XZ4�f�
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( j�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.
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 2 8 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.
JUN 2 9 1988
Dated: BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
LAW OFFICES OF
RUSSELL W.TAYLOR TAYLOR 6 FIELD TELEPHONE
DOUGLAS L. FIELD A PROFESSIONAL CORPORATION 1415) 451-6633
PAUL S. CHOY THE LEAMINGTON
1814 FRANKLIN STREET, SUITE 500
OAKLAND, CALIFORNIA 94612
RECEIVED
May 27, 1988 MAY 3 11988
CL RK P BA E O ,
N
i3
Clerk, Board of Supervisors By oe
County of Contra Costa
651 Pine Street
Martinez, CA 94553
Re: Claim of James Gibson, Concord Big Boy, Inc. dba
Bob's Big Boy Restaurant
Date of Incident: April 21, 1986
Gustafson v. Gibson
Dear County:
This letter is intended to constitute a claim against the
County of Contra Costa, and Officer A. Burt, pursuant to the
provisions of California Government Code section 910.
The claimants ' name and address is: James Gibson, and
Concord Big Boy, Inc. dba Bob's Big Boy Restaurant, c/o Russell
W. Taylor, Taylor & Field, 1814 Franklin Street, Suite 500,
Oakland, California 94612 . All notices should be sent to this
address.
The claim relates to a certain incident involving Judith
Gustafson, which incident is alleged to have occurred on April
21, 1986. It is believed that Judith Gustafson filed a claim
for damages against officer A. Burt, and that said claim was
rejected. The claim and resulting lawsuit (Gustafson v.
Gibson, action number 299821, filed in the Contra Costa County
Superior Court) relate to an arrest made on that date on the
premises of Bob's Big Boy Restaurant in Danville.
Claimants James Gibson, and Concord Big Boy, Inc. dba
Bob's Big Boy Restaurant intend to present a claim for compara-
tive indemnity and/or contribution against the County of Contra
Costa and Officer A. Burt. Claimants James Gibson, and Bob's
Big Boy deny that plaintiff is entitled to recover any damages,
but should a judgment or settlement be reached, claimants
herein assert that they are entitled to be indemnified for the
comparative portion of any fault attributable to the County of
Contra Costa or Officer A. Burt.
The amount claimed by the claimant is unknown, other than
May 27, 1988
County of Contra Costa
Page 2
by reference to the complaint, a copy of which is enclosed for
your reference.
Very truly yours,
TAYLOR & FIELD
Pa,4A
RUSSELL W. TAYLOR
RWT:mp
Enclosures
' a
1 RUSSELL W. TAYLOR
TAYLOR & FIELD
2 The Leamington
1814 Franklin Street, Suite 500
3 Oakland, CA 94612
4 (415) 451-6633
5 Attorneys for Defendants
JAMES GIBSON, and CONCORD BIG BOY, INC.
6 dba BOB'S BIG BOY FAMILY RESTAURANT
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
9
10 JUDITH GUSTAFSON,
11 Plaintiff, Case No. 299820
12 vs. AMENDED CROSS-COMPLAINT
13 JAMES GIBSON, et al. ,
14 Defendants.
15
JAMES GIBSON and CONCORD BIG
16 BOY, INC. dba BOB'S BIG BOY
FAMILY RESTAURANT,
17
Cross-Complainants,
18
VS.
19
A. BURT, CITY OF DANVILLE,
20 COUNTY OF CONTRA COSTA, and
DOES 1 through 10, inclusive,
21
22 Cross-Defendants. i
23 COME NOW cross-complainants JAMES GIBSON and CONCORD BIG BOY,
24 INC. dba BOB'S BIG BOY FAMILY RESTAURANT, and for cause of action
25 against cross-defendants, and each of them, allege as follows:
26 1. Cross-complainants are ignorant of the true names and
27 capacities, whether individual, corporate or otherwise, of the
28 cross-defendants sued herein as Does 1 through 10, inclusive, and
0111-5 01
TAYLOR R 8 8 FIELD
7H[I.ChlflvC i`'
1 cross-complainants therefore sue said cross-defendants by such
2 fictitious names. Cross-complainants will amend their cross-
3 complaint to state the true names and capacities of said cross-
4 defendants when the same have been ascertained, together with the
5 proper charging allegations. Cross-complainants are informed and
6 believe and on the basis of such information and belief allege
7 that each of said cross-defendants is in some manner responsible
8 for the happening of the incidents referred to in plaintiff's
9 complaint, and are therefore liable to cross-complainants herein.
10 2. At all times mentioned herein, cross-defendants, and
11 each of them, were the agents, servants and employees of each of
12 the other cross-defendants, and in doing the things hereinafter
13 described were acting in the course and scope of their agencies
14 and employment with said cross-defendants.
15 3 . Prior to the filing of this cross-complaint, plaintiff
16 JUDITH GUSTAFSON filed a complaint in the present action; solely
17 for describing the allegations of said complaint, and without
18, admitting any of the allegations thereof, cross-complainants
19 incorporate by reference the complaint of plaintiff.
20 4 . Cross-complainants are informed and believe and on the
21 basis of such information and belief allege that each cross-
22 .defendant was responsible, in whole or in part, for the injuries,
23 if any, suffered by plaintiff. If cross-complainants are judged
24 liable to plaintiff in the present action, or enter into a
25 settlement agreement with plaintiff, each cross-defendant should
26 be required to pay a share of plaintiff's judgment or said
27 settlement which is in proportion to the comparative fault of that
28 cross-defendant in causing plaintiff's damages, and to reimburse
LAW 0I110ES O"
TAYLOR 8 FIELD
THE LEAMIGTCIN
•v O.C<LIEO4r.<Cb<t
1 cross-complainants for any payments cross-complainants make to
2 plaintiff .in excess of cross-complainants's share of all cross-
3 defendants' fault.
4 5. Cross-complainants deny any liability to plaintiff at
I
5 all; but in the event of any settlement by or judgment against
6 cross-complainants with respect to the claim of plaintiff, cross-
7 complainants seek a declaration of the comparative proportion of
8 fault attributable to cross-defendants, and each of them, with
9 respect to the matters alleged in plaintiff's complaint, and seek
10 comparative indemnity and/or contribution for said amounts. There
11 is no adequate remedy at law.
12 WHEREFORE, cross-complainants pray judgment as follows:
13 1. For a declaration of the comparative proportion of fault
14 attributable to cross-defendants, and each of them, with respect
15 to the matters alleged in plaintiff's complaint, and for a
16 I judgment in comparative or total indemnity and/or contribution
i
I
17 for said amounts;
18 2 . For costs of suit incurred herein; and
I
19 3 . For such other and further relief as the Court may deem
20 just and proper.
21 Dated: May 27, 1988 TAYLOR & FIELD
1
22 1
23
RUSSELL W. TAYLOR
24
25
26
27 I
J
l.w C 'CES 'J 28
TAYLOR 8 FIELD
Twp LL-111,101
.n0.
..�.,CA 57C,.erMEO[-RN.t,r...
1 PROOF OF SERVICE BY MAIL
2 I am a citizen of the United States, a resident of the County
3 of Alameda, over the age of 18 years and not a party to the within
4 action; my business address is in care of Taylor & Field, The
5 Leamington, 1814 Franklin Street, Suite 500, Oakland, California.
6 On May 2_, 1988, I served the attached AMENDED CROSS-COMPLAINT
7 on the parties to said action by placing a true copy thereof in a
8 sealed envelope with the required postage thereon, fully prepaid,
9 in the United States mail at Oakland, California, addressed as
10 follows:
11
12 Sharon Green
Sharon Green, Inc.
13 1301 Bridgeway, Second floor
Sausalito, CA 94965
14
Byrne Conley, Esq.
15 GIBBONS, LEES, SCHAEFER & EDRINGTON
1850 Mt. Diablo Boulevard
16 Walnut Creek, CA 94596
17
18
19
20
21
22
23
24 I declare under penalty of perjury that the foregoing is true
25 and correct. Executed at Oakland, California on May , 1988.
26
27 Brend J-41i
len
28
_A orr.CES or
TAYLOR 8 FIELD
TI/E IJAMIWTO\
,.1o:CAL,r ORN-r9--Z
I SHARON GREEN
SHARON GREEN, INC. I ° -.-
2 1301 Bridgeway, Second Floor ii!AR w 1 1'968
Sausalito, California 94965
3 Telephone: (415) 332-2237 J_-K Q;-S ON' ^nW,v Clerk
4 Attorneys for Plaintiff
5
6
7
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF CONTRA COSTA
11
12 JUDITH GUSTAFSON ) No. 299820
13 Plaintiff, ) AMENDED
tPMPLAINT FOR DAMAGES:
14 vs. ) Defamation;
...False Arrest;
15 JAMES GIBSON, BOB'S BIG BOY ) False Imprisonment;
FAMILY RESTAURANTS, ) Intentional Infliction
16 A. BURT, CITY OF DANVILLE, ) of Emotional Distress;
DOES 1 through 20 , ) t 5. ? Violation of Civil
17 ) �;
I the City of Danville, with the assigned employee number 30150.
2 3 . Plaintiff is informed and believes that
3 defendant JAMES GIBSON was, at all relevant times, the owner
4 and operator of defendant BOB' S BIG BOY FAMILY RESTAURANT,
5 located at 387 Diablo Road, Danville, California.
6 4 . Defendant CITY OF DANVILLE is a California
7 general law city. Plaintiff has complied with Government
g Code section 910 by filing a claim with the City of Danville
9 n July 17 , 1986 . Her claim was rejected by the City of
10 Danville.
11 5. Defendant BOB' S BIG BOY FAMILY RESTAURANTS is a
12 business entity, whose organizational form is presently
13 unknown to the plaintiff; plaintiff is informed and believes
14 that BOB' S BIG BOY FAMILY RESTAURANT is licensed to do
15 business, and is doing business in the City of Danville. At
16 all times defendant GIBSON was acting as the agent , servant
17 and employee of defendant BOB' S BIG BOY FAMILY RESTAURANTS.
18 6 . Plaintiff is unaware of the true names and
19 lapacities of the defendants sued as Does 1 through 20 .
20 Plaintiff will amend her complaint when the true names and
21 apacities have been ascertained. Plaintiff is informed and
22 believes and on such grounds alleges that each Doe defendant
23 ' s responsible in some actionable manner for the events,
24 occurrences, injuries and damages alleged herein.
25 7. Plaintiff is informed and believes, and on such
26 grounds alleges that at all relevant times each of the
27
2
28
�='T�
1 vefendants was the authorized agent of each of the
2 co-defendants and was acting within the course, scope and
3 authority of said agency. Each defendant, when acting as a
4 principal , authorized , ratified or affirmed each act or
5 omission of each other defendant acting as an agent.
6 8. Plaintiff is informed and believes, and on that
7 grounds alleges that each defendant agreed and conspired with
8 each of the other defendants to injure the plaintiff, and each
9 co-conspirator committed the acts alleged herein in
10 furtherance of their conspiracy.
11 9 . Plaintiff has lived and traded with business
12 establishments in Danville, California since 1978, and has at
13 all times enjoyed a good reputation as a moral and honest
14 person, among her friends, acquaintances and tradespeople in
15 Danville and throughout Contra Costa County.
16 10 . On April 21 , 1986 plaintiff , who is a
17 homemaker, and the wife of a physician, took five minors, her
18 four children and her niece , to BOB ' S BIG BOY FAMILY
19 RESTAURANT in Danville for the children' s dinner. After the
20 children had begun eating the plaintiff discovered that she
21 had forgotten her checkbook , and she had insufficient cash
22 with her to pay for the children' s food. She immediately left
23 the restaurant in an attempt to reach her bank, which was
24 within a few blocks, before closing time . The bank closed
25 before she arrived; she then attempted to withdraw funds from
26 a savings account at another bank, but was unsuccessful
27
3
28
I because she did not have her passbook.
2 11 . Plaintiff then returned to BOB' S BIG BOY FAMILY
3 RESTAURANT and explained her situation to the cashier on duty.
4 Plaintiff told the cashier she would return that same evening ,
5 or the next morning to pay her bill. The cashier referred her
6 to the Assistant Manager . Then defendant GIBSON , who was
7 identified as the Manager and the owner approached the
8 plaintiff, and accused her of refusing to leave her credit
9 card in the drawer , and stated he would have to call the
10 police. GIBSON then walked over to defendant BURT, who was
11 eating in another part of the restaurant.
12 12. Unbeknownst to the plaintiff, defendant GIBSON,
13 with no reasonable grounds for doing so, and acting as the
14 agent for BOB'S BIG BOY FAMILY RESTAURANT, made a citizen ' s
15 arrest of the plaintiff.
16 13 . Defendant BURT, without investigation, and
17 without reasonable cause to detain her, grabbed plaintiff by
18 the arm, physically removed her from the premises, then told
19 her for the first time that he was arresting her, handcuffed
20 her , threw her into the back seat of a police car , and
21 transported her to jail in Martinez, leaving the five children
22 in the custody of another officer at the restaurant.
23 FIRST CAUSE OF ACTION
24 (Slander Against Defendant BURT and
25 BOB'S BIG BOY RESTAURANT)
26 14 . Plaintiff incorporates paragraphs 1 through 13
27
4
28
I herein.
2 15 . Plaintiff is informed and believes, and on
3 those grounds alleges that on or about April 21 , 1986
4 defendant BURT, acting within the course and scope of his
5 agency and employment with the City of Danville, uttered and
6 published false and defamatory statements about plaintiff
7 through oral utterances and written statements to third
8 parties, including employees of defendant BOB'S BIG BOY FAMILY
9 RESTAURANT.
10 16 . Defendant BURT has fraudulently concealed the
11 publication of such statements from plaintiff, and when the
12 full extent of the defamatory publications become known to
13 plaintiff she will seek leave of court to amend this complaint
14 to allege all of such defamatory utterances and publications
15 which were made by the defendant.
16 17 . Plaintiff is informed and believes that the
17 defendant' s false and defamatory statements were disseminated,
18 orally and in writing , to third persons in California from
19 April 21 , 1986 to the present. Plaintiff is informed and
20 believes that defendant is continuing to make such defamatory
21 publications.
22 18 . The statements made by defendant BURT, which
23 were of and concerning the plaintiff, and were defamatory per
24 se, in that they falsely charged her with a crime, and falsely
25 stated that she had committed a shoplifting offense at Long 's,
26 (Drug Store) . The statements were intended to, and did create
27
5
28
1the false impression that plaintiff was a criminally dishonest
2 person.
3 19 . The statements were false , malicious and
4 defamatory as they pertain to the plaintiff. The defamatory
5 statements were made by the defendant with negligent disregard
6 for the truth or falsity of the statements concerning the
7 plaintiff.
8 20 . Defendant BURT intended that the statements be
g understood as statements of fact that the plaintiff had
10 committed a shoplifting offense at a retail establishment.
11 21 . Defendant BURT acted with negligent disregard
12 for the fact that the false statements and imputations in his
13 utterances concerning the plaintiff would have serious
14 detrimental effects on plaintiff ' s reputation, that such
15 statements and imputations would be repeated and republished
16 by persons who heard or saw them, and that gossip, reports and
17 rumors adversely affecting the reputation of the plaintiff
18 would result naturally and proximately from BURT'S utterances.
19 All such injuries have occurred. Defendant BOB' S BIG BOY
20 FAMILY RESTAURANT ratified and approved the actions of BURT,
21 and republished the defamations.
22 22 . As a proximate result of the defamations
23 alleged herein, plaintiff has suffered special damages in the
24 form monies expended for medical, psychological and legal
25 injury to her reputation as an . honest woman, all to the
26 injury of the plaintiff in the sum of $50 ,000 .
27
6
28
CTI
1 23 . As a further proximate result of the
2 publications alleged herein , plaintiff has suffered
3 humiliation, embarrassment, loss of reputation and emotional
4 distress, all to her general damages in the sum of $50,000.
5 24 . The defamations complained of herein were
6 uttered by the defendant with knowledge of their falsity, or
7 with reckless disregard for their truth or falsity, and the
8 publications were made with malice, fraud and oppression. The
9 plaintiff is therefore entitled to an award of punitive
10 damages in the sum of $50 ,000, or such additional sum as the
11 court finds necessary to deter defendants from such conduct in
12 the future.
13 SECOND CAUSE OF ACTION
14 (Slander Against Defendant GIBSON)
15 25. Plaintiff incorporates paragraphs 1 through 24
16 herein.
17 26 . Plaintiff is informed and believes, and on those
18 grounds alleges that on or about April 21 , 1986 defendant
19 GIBSON uttered and published false and defamatory statements
20 about plaintiff through oral utterances and written statements
21 to third parties, including employees of defendant BOB'S BIG
22 BOY FAMILY RESTAURANT.
23 27 . Defendant GIBSON has fraudulently concealed the
24 publication of such statements from plaintiff, and when the
25 full extent of the defamations become known to plaintiff she
26 will seek leave of court to amend this complaint to allege all
27
7
28
I of such defamatory utterances and publications which were made
2 by the defendant.
3 28 . Plaintiff is informed and believes that the
4 defendant's false and defamatory statements were disseminated
5 to and read by third persons in California from April 21 , 1986
6 to the present. Plaintiff is informed and believes that
7 defendant is continuing to make such defamatory publications.
8 29 . The statements made by defendant GIBSON which were
9 of and concerning the plaintiff, and were defamatory per se,
10 in that they falsely charged her with a crime, and falsely
11 stated that she had defrauded an innkeeper [Gibson] . The
12 statements were intended to , and did create the false
13 impression that plaintiff was a criminally dishonest person.
14 30 . The statements were false , malicious and
15 defamatory as they pertain to the plaintiff. The defamatory
16 statements were made by the defendant with negligent disregard
17 for the truth or falsity of the statements concerning the
18 plaintiff.
19 31 . Defendant GIBSON intended that the statements be
20 understood as statements of fact that the plaintiff had
21 committed such an offense against him.
22 32. Defendant GIBSON acted with negligent disregard for
23 the fact that the false statements and imputations in his
24 utterances concerning the plaintiff would have serious
25 detrimental effects on plaintiff ' s reputation, that such
26 statements and imputations would be repeated and republished
27
8
28
1 by persons who heard or saw them, and that gossip, reports and
2 rumors adversely affecting the reputation of the plaintiff
3 would result naturally and proximately from GIBSON ' S
4 utterances. All such injuries have occurred.
5 33 . Asa proximate result of the defamations alleged
6 herein, plaintiff has suffered special damages in the form of
7 monies expended for medical , psychological and legal fees,
8 injury to her reputation as an honest woman, all to the injury
g of the plaintiff in the sum of $50,000.
10 34 . As a further proximate result of the publications
11 alleged herein , plaintiff has suffered humiliation ,
12 embarrassment , injury to her reputation and emotional
13 distress, all to her general damages in the sum of $50 ,000.
14 35. The defamations complained of herein were uttered
15 by the defendant with knowledge of their falsity, or with
16 reckless disregard for their truth or falsity, and the
17 publications were made with malice, fraud and oppression. The
18 plaintiff is therefore entitled to an award of punitive
ig damages in the sum of $50 ,000 , or such additional sum as the
20 court finds necessary to deter defendant from such conduct in
21 the future.
22 THIRD CAUSE .OF ACTION
23 (False Arrest Against Defendant GIBSON)
24 36. Plaintiff incorporates paragraphs 1 through 35
25 herein.
26 37. On April 21 , 1986 defendant GIBSON, wrongfully and
27
9
28
1
1 unreasonably made a citizen's arrest of the plaintiff. GIBSON *
2 had no probable cause to believe plaintiff had committed, or
3 was attempting to commit, a public offense.
4 38. Defendant GIBSON then called defendant BURT, whom
5 GIBSON knew was a sworn officer employed by the City of
6 Danville, to take plaintiff into custody. Defendant GIBSON
7 knew, or upon reasonable inquiry would have learned that there
8 was no reasonable cause for detaining plaintiff.
9 39 . Defendant GIBSON' S wrongful acts were the legal
10 cause of special damages to the plaintiff; as a result of such
11 actions plaintiff has been required to expend monies for the
12 services of physicians , therapists and other health care
13 professionals. The total amount of such expenditures, which
14 are continuing are presently unascertainable, but are subject
15 to proof at trial, and are at least $50 ,000.
16 40. Defendant GIBSON'S wrongful acts were the legal
17 cause of injury to the plaintiff; as a result of such actions
18 plaintiff has been required to expend monies for the services
19 of physicians, therapists and other health care professionals.
20 The total amount of such expenditures, which are continuing,
21 are presently unascertainable, but are subject to proof at
22 trial, and are at least $50 ,000.
23 41 . Defendant GIBSON' S wrongful acts were the legal
24 cause of injury to the plaintiff, including physical injury
25 and emotional distress, all to her general damages in the
26 amount of $50 ,000.
27
10
28
1 42 . Defendant GIBSON ' S actions were the result of
2 malice, fraud and oppression. The plaintiff is therefore
3 entitled' to an award of punitive damages in the sum of
4 $50 ,000, or such additional sum as the court finds necessary
5 to deter defendant from such conduct in the future.
6 FOURTH CAUSE OF ACTION
7 (False Imprisonment Against Defendant BURT)
8 43 . Plaintiff incorporates paragraphs 1 through 42
9 herein.
10 44 . The actions of defendant BURT in detaining
11 plaintiff, handcuffing her and taking her to jail in Martinez
12 were wrongful, without probable cause and highly unreasonable
13 in that:
14 (A) BURT acted without regard for plaintiff' s
15 rights and without reasonable cause;
16 ( B ) BURT failed to conduct a reasonable
17 investigation;
18 ( C ) BURT failed to make the detention in a
19 reasonable manner and for a reasonable time;
20 (D) BURT failed to issue a citation and then
21 release the plaintiff.
22 45 . The wrongful actions of defendant BURT were the
23 legal cause of special damages to the plaintiff; as a result
24 of such actions plaintiff has been required to expend monies
25 for the services of physicians, therapists and other health
26 care professionals. The total amount of such expenditures,
27
11
28
1 which are continuing are presently unascertainable, but are
2 subject to proof at trial, and are at least $50,000.
3 46 : Defendant BURT' S wrongful acts were the legal
4 cause of injury to the plaintiff including physical injury and
5 emotional distress damages , all to her general damages in the
6 amount of $50 ,000.
7 47 . * Defendant BURT ' S actions were the result of
8 malice, fraud and oppression. The plaintiff is therefore
9 entitled to an award of punitive damages in the sum of
10 $50 ,000 , or such additional sum as the court finds necessary
11 to deter defendant from such conduct in the future.
12 FIFTH CAUSE OF ACTION
13 (Intentional Infliction of Emotional Distress
14 Against All Defendants)
15 48 . Plaintiff incorporates paragraphs 1 through 47
16 herein.
17 49. Defendants' conduct alleged above was extreme and
18 outrageous, and was intentional, malicious, and done for the
19 purpose . of causing plaintiff to suffer humiliation ,
20 embarrassment, mental anguish and emotional and physical
21 distress. Such injuries did occur.
22 50. ' Defendants' wrongful acts were the legal cause of
23 special damages to the plaintiff; as a result of such actions
24 plaintiff has been required to expend monies for the services
25 of physicians, therapists and other health care professionals.
26 The total amount of such expenditures, which are continuing
27
12
28
1 are presently unascertainable, but are subject to proof at
2 trial, and are at least $50 ,000.
3 51. ' Defendants' wrongful acts were the legal cause of
4 injury to the plaintiff , including physical injury and
5 emotional distress, all to her general damages in the amount
6 of $50 ,000.
7 52. Defendants ' actions were the result of malice,
8 fraud and oppression. The plaintiff is therefore entitled to
9 an award of punitive damages in the sum of $50,000 , or such
10 additional sum as the court finds necessary to deter defendant
11 from such conduct in the future.
12 SIXTH CAUSE OF ACTION
13 (Assault and Battery Against Defendant BURT)
14 53 . Plaintiff incorporates paragraphs 1 through 52
15 herein.
16 54 . The actions of defendant BURT alleged herein,
17 created in the plaintiff fear of immediate danger of an
18 unconsented to touching; such invasion of her person did occur
19 as alleged herein. Such physical handling was willful ,
20 moreover it was unreasonable, unnecessary and unconsented to.
21 55 . Defendant BURT' S wrongful acts were the legal
22 cause of special damages to the plaintiff; as a result of such
23 actions plaintiff has been required to expend monies for the
24 services of physicians , therapists and other health care
25 professionals. The total amount of such expenditures, which
26 are continuing are presently unascertainable, but are subject
27
13
28
1 to proof at trial.
2 56 . Defendant BURT' S wrongful acts were the legal
3 cause of injury to the plaintiff, including physical injury
4 and emotional distress, all to her general damages in the
5 amount of $50 ,000.
6 57 . Defendant BURT ' S actions were the result of
7 malice, fraud and oppression. The plaintiff is therefore
8 entitled to an award of punitive damages in the sum of
9 $50 ,000 , or such additional sum as the court finds necessary
10 to deter defendant from such conduct in the future.
11 SEVENTH CAUSE OF ACTION
12 (Violation of Civil Rights Against all
13 Defendants Under 42 U.S.C. section 1983)
14 58. Plaintiff incorporates paragraphs l through 57
15 herein.
16 59 . At times relevant to this claim the CITY OF
17 DANVILLE was a political subdivisions of the State of
18 California, (the "public entity" defendant) and defendant BURT
19 was a sworn officer, and he and Does 1 through 5 ( the "public
20 servant" defendants) were employed by the CITY OF DANVILLE.
21 The public entity defendant was responsible at various times
22 for the supervision and control of BURT and Does 1 through 5,
23 who acted as their agents and employees.
24 60. In doing the acts alleged the public entity and the
25 public servant defendants were acting under color of the
26 statutes , regulations, customs and usages of the State of
27
14
28
I California.
2 61 . GIBSON and BOB'S BIG BOY FAMILY RESTAURANTS ( the
3 "private party" defendants) combined and conspired with the
4 public servant defendants to deny the plaintiff her federal
5 constitutional rights to due process and equal protection of
6 the laws. The concerted action between the private party
7 defendants and the public servant defendants constitutes state
8 action for the purposes of 42 U.S.C. section 1983.
9 62. The public servant defendants and the public entity
10 defendants deliberately misinterpreted and abused their power
11 and authority to arrest and detain the plaintiff . The
12 plaintiff has been singled out for oppressive decisions; the
13 public servant defendants, acting in concert with the private
14 party defendants , imposed unreasonable , arbitrary and
15 capricious conditions on the plaintiff , including , but not
16 limited to, refusing to make reasonable inquiry about the
17 plaintiff' s actions, failing to verify any statements she
18 made , handcuffing her and transporting her to jail, leaving
19 the five children in her care at the restaurant; insisting on
20 calling child protective services while refusing to call the
21 children ' s father . Plaintiff has been the victim of
22 intentional and purposeful discrimination by the public
23 servant defendants . BURT deliberately misinterpreted his
24 powers as a sworn officer and purposely singled out the
25 plaintiff for such misinterpretations . Such unequal
26 application of the law and regulations constitutes a denial of
27
15
28
I equal protection of the laws.
2 63 . Plaintiff was deprived of her federal
3 constitutional rights because she was selectively treated by
4 the public servant defendants acting in concert with the
5 private party defendants . Unfair , discriminatory and
6 burdensome conditions and requirements were imposed on
7 plaintiff which were not imposed on other similarly situated
8 restaurant patrons.
9 64 . The selective treatment of plaintiff by the public
10 servant defendants was based on impermissible considerations;
11 namely, an intent to curry favor with the restaurant owner and
12 manager, and to accord preferential treatment to the private
13 party defendants at the expense of the plaintiff.
14 65 . The defendants acted with malicious intent to
15 deprive plaintiff of due process and equal protection of the
16 laws, and the concerted acts of the defendants caused such
17 deprivations to occur. The defendants' concerted action under
18 color of law has deprived plaintiffs of rights, privileges,
19 and immunities secured to her by the Constitution and laws of
20 the United States; particularly their rights not to be
21 deprived of liberty without due process of law, guaranteed by
22 the Fifth and Fourteenth Amendments to the Constitution; and
23 their rights to the equal protection of the laws guaranteed
24 under the Fourteenth Amendment.
25 66 . In addition to general damages , plaintiff is
26 entitled to punitive damages in the amount of $50 ,000.
27
16
28
1 67. As the direct and proximate result of the acts of
2 the defendants alleged above, plaintiff has suffered out of
3 pocket pecuniary losses and damages, and has incurred expenses
4 for medical and psychological treatment. She has suffered
5 anxiety and emotional distress; her reputation has been
6 impaired, and she has been compelled to expend substantial
7 sums of money and much of her time pursuing fruitless redress.
g 68. As a direct and proximate result of defendants '
9 violations of law plaintiff has been injured and has sustained
10 actual damages the full extent of which cannot be presently
11 calculated, but which exceeds the sum of $50 ,000 .
12 69. Plaintiff' s damages include, but are not limited
13 to: (a) physical and emotional injuries, and severe emotional
14 distress; (b) the loss incurred through expenditures for court
15 costs and necessary medical and legal expenses; and (d) the
16 loss of reputation as a moral and honest woman.
17 EIGHTH CAUSE OF ACTION
18 (Negligence Against All Defendants)
19 70.. Plaintiff incorporates paragraphs 1 through 69
20 herein.
21 71 . Defendants , and each of them, had a duty to
22 plaintiff at all times to use reasonable care in conducting
23 their activities, and in dealing with the plaintiff, and in
24 the investigation, reporting, and disposition of the events
25 alleged in this complaint.
26 72. Defendants and each of them breached their duty to
27
17
28
1 the plaintiff by causing and failing to prevent the negligent
2 reporting , investigation and disposition of the matters
3 alleged.
4 73 . Each and every defendant was aware that the
5 plaintiff would be injured and damaged if she were arrested
6 and detained wrongfully.
7 74 . The negligent actions of the defendants were the
8 proximate cause of special damages to the plaintiff; as a
g result of such actions plaintiff has been required to expend
10 monies for the services of physicians, therapists and other
11 health care professionals . The total amount of such
12 expenditures , which are continuing are presently
13 unascertainable, but are subject to proof at trial, and are in
14 excess of $50 ,000.
15 75. Defendants ' negligent acts were the proximate
16 cause of injury to the plaintiff including physical injury and
17 emotional distress damages, all to her general damages in the
18 amount of $50 ,000.
19 NINTH CAUSE OF ACTION
20 (Negligence Supervision Against CITY OF DANVILLE)
21 76. Plaintiff incorporates paragraphs 1 through 75
22 herein.
23 77 . Defendant CITY OF DANVILLE , had a duty to
24 plaintiff at all times to use reasonable care to select,
25 supervise , train , control and review the activities of
26 defendant BURT and Does 1 through 5.
27
is
28
1 78 . Defendant breached its duty to the plaintiff by
2 causing and failing to properly select, supervise, train,
3 control and review defendant BURT, and Does 1 through 5, and
4 in permitting him to engage in the negligent reporting ,
5 investigation and disposition of the allegations against
6 citizens , including the plaintiff as alleged in this
7 complaint.
8 79. Each and every defendant was aware that citizens,
9 including the plaintiff, would be injured and damaged if
10 arrested and detained wrongfully by defendant BURT.
11 80. The negligent actions of the defendant CITY OF
12 DANVILLE in failing to properly select, supervise, train,
13 control and review BURT and Does 1 through 5 , were the
14 proximate cause of special damages to the plaintiff; as a
15 result of such actions plaintiff has been required to expend
16 monies for the services of physicians, therapists and other
17 health care professionals . The total amount of such
18 expenditures , which are continuing are presently
19 unascertainable, but are subject to proof at trial, and are in
20 excess of $50,000.
21 81 . Defendant ' s negligent acts were the proximate
22 cause of injury to the plaintiff including physical injury and
23 emotional distress damages, all to her general damages in the
24 amount of $50 ,000.
25
26
27
19
28
I WHEREFORE, the plaintiff seeks judgment as follows:
2 On each of the FIRST through SIXTH CAUSES OF ACTION:
3 1. Special Damages in the amount of $50,000;
4 2. General Damages in the amount of $50 ,000;
5 3. Punitive Damages in the amount of $50,000;
6 4 . Costs of Suit;
7 5 . Such other and further relief as the court
8 deems proper.
9 On the SEVENTH CAUSE OF ACTION:
10 1. General Damages in the amount of $50,000;
11 2. Punitive Damages in the amount of $50,000;
12 3. Costs of Suit;
13 4 . Such other and further relief as the court
14 deems proper.
15 On the EIGHTH and NINTH CAUSES OF ACTION:
16 1. Special Damages in the amount of $50,000;
17 2. General Damages in the amount of $50 ,000 ;
18 3. Costs of Suit;
19 4 . Such other and further relief as the court
20 deems proper.
21 Dated:
22 6
SHARON GREEN, Attorneys for
23 Plaintiff
24
25
26
27
20
28
1 VERIFICATION
2 I , .SHARON GREEN, declare:
3 I am the attorney for the Plaintiff in this action. The
4 Plaintiff is absent from the County of Marin in which I have
5 my office; I have read the foregoing Amended Complaint For
6 Damages and I am informed and believe that the matters in it
7 are true and on that ground allege that the matters stated in
8 the Complaint are true.
9 I declare under penalty of perjury pursuant to the laws
10 of the State of California that the foregoing is true and
11 correct, and that this declaration was executed on March 18,
12 1988 at Sausalito, California.
13
14
SHARON GREEN, Attorney for
15 Plaintiff
16
17
18
19
20
21
22
23
24
25
26
27
21
28
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
A
t
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 28 , 1988
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $50, 000- 00 Section 913 and 915.4. Please note all "Warnings".
Count; Counsel
CLAIMANT: MARCELINO ROSADO
c/o John Diaz Coker ,JUN 11988
ATTORNEY: Coker, Tays & Ramirez
509 Railroad Avenue Date received Inez, CA 94553
ADDRESS: Pittsburg, CA 94565 BY DELIVERY TO CLERK ON May 31, 1V99
BY MAIL POSTMARKED: May 27 , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
IL BATCHELOR, Clerk
DATED: June 1, 1988 ��: Deputy
L. Hall
II. FROM County Counsel T0: 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: '� _ f. 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
(X ) This Claim is rejected in full.
(/`) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
JUN 2 8 1988 C 5�7
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@$, ho n above.
J Uu 9 1988
Dated: BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
AND ITS AGENTS AND EMPLOYEES
MARCELINO ROSADO also known as Mike Rosado hereby presents a
claim for damages against Deputy Sheriff DARYL OLSEN, the COUNTY
OF CONTRA COSTA and its agents and employees.
ADDRESS OF CLAIMANT: 46 Chelsea Way
Pittsburg, CA 94565
ADDRESS TO WHICH NOTICES SHOULD BE SENT: RECEIVED
Marcelino Rosado I MAY 3 1 W8,
c/o JOHN DIAZ COKER
COKER, TAYS & RAMIREZ g
ATTORNEYS-ABOGADOS CLER pA E R Rs
509 Railroad Avenue By . .. ..�. ..
aty
Pittsburg, CA 94565
DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE:
This complaint is about a continuous course of conduct by a
Deputy Sheriff of the County of Contra Costa, commencing in
December of 1987 and continuing until May 26, 1988. During all of
this time, Daryl Olsen, a deputy sheriff of the county of Contra
Costa assisted by other deputies of that agency, has threatened
me, given false information to businesses to have me excluded
from such businesses, and tried to frighten my friends from
associating with me.
This officer has used the fact that he is a deputy sheriff
to increase the effect of his harassment of me. Deputy Olsen
is personally upset with me because he believes I am romantically
involved with his former girlfriend and mother of his child (a
child he sometimes denies and who he has never supported) .
This officer has spread false rumors to the effect that I
engage in criminal conduct. He has spread these false rumors
while in uniform and while in the course of his duties for the
county. Fellow officers have accompanied him and cooperated with
him in these efforts. I do not know the names of the other
officers involved. As a result of these statements I have been
excluded from businesses which I used to patronize for
recreation. He has damaged my reputation among people who were
important to me and whose company I formerly enjoyed.
Deputy Olsen has threatened me with Death and physical
injury. I fear that he will try to "set me up" so that I will be
criminally prosecuted on false charges. He engages in criminal
conduct, involving drugs, has bragged to a friend of mine that he
has "set up" other people maliciously. I believe him to be
dangerous. He is very involved in bodybuilding, and adopts
mannerisms of the "Rambo" type, boasts of advanced ability in
several martial arts, and is proud of his ability to exploit his
employment for personal aggression against others and to consider
1
r
himself above the law.
I have complained to agents of the Sheriff's office of these
activities, but I fear they may have ratified his acts, by doing
. nothing, and tacitly approving them. I conclude this because the
threats and harassing activities of Deputy Olsen have increased
since I complained to the Sheriff's office.
PARTIES RESPONSIBLE: Deputy Daryl Olsen and other deputies
whose names are unknown to me.
AMOUNT OF CLAIM: $ 35, 000. 00 punitive damages against the
individual officers; $ 15, 000.00 compensatory damages against the
individual officers and against the County of Contra County.
GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPUTATION OF
DAMAGES: By reason of the above-described acts of these
officers claimant was placed in fear for his life and physical
well-being. By reason of the wrongful and malicious acts of
these officers. Claimant was injured in his self-respect, his
sense of security, and confidence in his rights as an American
citizen.
Punitive damages are based upon the outrageous, malicious
nature of the officers' acts. The above-described acts of these
officers and each of them were willful, wanton, malicious,
oppressive, and fraudulent and done in conscious disregard of the
peace of mind, and civil rights of others.
Dated: May 27, 1988.
MARCELINO RO A O
2
g CLAIM
r 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 28 , 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".
CLAIMANT: TONY RICHARD LOW County Counsel
c/o Mrs . L. R. Kalima JUN 11988
ATTORNEY: 2880 Kinney Drive
Walnut Creek, CA 94595 Date receivedrtinez, CA 94553
ADDRESS: BY DELIVERY TO CLERK ON May 26 , 19F�
BY MAIL POSTMARKED: May 25 , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
May 31 , 1988 PpHHIL BATCHELOR, Clerk ,
DATED: y BV: 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: �9 — BY: LL 4�� 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. BO�ARDD 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' Order entered in its minutes for
this date.
JUN 2 8 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 2 9 1988 BY: PHIL BATCHELOR by eputy Clerk
CC: County Counsel County Administrator
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to 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
.TAY BicNARD low >
RECEIVED
)
Against the County of Contra Costa ) MAY 2 3' 1988.
or )
District) CIEE�PHl R AT � ORg
Fill in name ) er a
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ &SO,00d.1W and in support of
this claim represents as follows:
---------------------------------------------------------------------------------1i---
1. When did the damage or injury occur? (Give exact date and hour)
MARC t4 2q TH , 1985
------------------------------------------------------------------------------------
2. Where did the damage or injury occur? (Include city and county)
mw iw7., cowtTl;,p► cm-ro, covimvy� tN ims STftw mF C MIFOtA,p,
------------------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required) IFIVE 511E1t1fi Op,P"gy $f"f W *jrCtdvtlY WW116 V wt%S
•N 'SME 690406. T. WAs w%*"t swf aNcIA pwwY FMd.A MY FAsg.
T WAS CW4100 TO 14 "100 "WACH. VA14 FikC9 L6f1 SM. WIKS PvSM-
-- tCb—0 -PAS :_�►_�c__ ��� s__w__• t _(wells�W
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
ime omission opt -me PART OF OYMIL SOMUFt: IMNT1trS
TO STOP TWIEe to-woit1(V" FROVA $r1rMN4s *AS. i :% aMoor/
'W W44 1 toosIL D SO NAENY WJasi eg. (over)
5. ~What are the names of county or district officers, servants or employees causing
the damage or injury? G*VVgA Caffj% G4VN't`r SMt111r1F br&;Un%g%
SbT.Sa TTEtt, (2) IMP. BNitT. (3) pip. GISTA"60. (4) W. MCP rCcANI
'DCP::Ct1�l .------------------------------------------------------------
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage. % *Ac;9gtp 1 &&cK fiff
�► F'AG�1. �.�11. 8v�P1 WMKt{ HA3 O�SFtWERiO N+►�t i�AcE. SWot1EN`
* Ke►No N$J104Ea1645i sctAcl+E toss of sw N oa U4.[ *4sf 1►ND
7. How was the amount claimed above computed. (Include the estimated amount of any Flt K%E
prospective injury or damage.)
tOd�600. FOR " �Afl1 • %to's Fo"610 to 014W 60. S 106,Ood► v'oR Nt,(
O►i�NTIK. R+riw•5M '*K�'� i AM tY•I• t.imiNb VOR TN!
---u ----------------------------------
---------------
8. Names and addresses of witnesses, doctors and hospitals.
O►w KK PutiK A1t'+'OOMW fiat LAW TDO IC PHOTO$ OP VW qt W40OL�Q 6 0 .0%."
cauF 1"A tMOAST0490T of C.o0"corlOgr S00004TV M►ND tf44V.VT1 #P-
04-66" Art Ittfu M)OK owiros or µY 1NJawles
--- �dS IwEO�c STAFF eF �,� :- '-til► S-------------------------
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 erson on his behalf."
Name and Address of Attorney
.�1"56 0.
nature
Address
2SS0 Kt0wey be. wA "Vir cgAelt.cAt
5
Telephone No. i 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.
� w�c3 REP+ A1�o��r pawc�+� aN azY �cK
1�+�1 tN w►� lG�bt�rt ���. y wr�s �e.+Ri� opt
JA4 6* ♦ "'!wt 1 21( St K OP PAY 15 ECK.I oN
TA'%t OAS. "1404 x WASS µ1%r4QCyFF9D 1%(I
CuFfs we" 5o -"b"r I*E ,SIVA ori VAY CVFT
To A "Aftb g Aco -fts Smk%cletqEs vie" $o
All TMVIE ocpv iLrS o#*rtsivor f> >*t ihis
mes3sev t ase of '-office Owl r q P'Eow%
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 28 , 1938
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $50, 000 . 00 Section 913 and 915.4. Please note all "Ward%hty Counscl
CLAIMANT: JAMES & GERALDINE RIVERA JUN 11988
608 Gary Avenue
ATTORNEY: Antioch, CA 94509 Martinez, CA 9455;
Date received
ADDRESS: BY DELIVERY TO CLERK ON May 27, 1988 hand del .
BY MAIL POSTMARKED: no envelope
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
BY:
PpHHIL BATCHELOR, Clerk
DATED: May 31 , 1988 Deputy
L. Hall
II. 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 91D.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: LoBY: Deputy County Counsel
b �a
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 i.s a true and correct copy of the Board's Order entered in its minutes for
this date.
t ,
Dated: 3 1988 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: JUN 2 9 1988 BY: PHIL BATCHELOR by Wx4r�_De�uty Clerk
CC: County Counsel County Administrator
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
ITS AGENTS AND EMPLOYEES
JAMES & GERALDINE RIVERA present a claim in their behalf
against the State of California and its agents
ADDRESS TO WHICH NOTICES ARE TO BE SENT: RECEKD
JAMES & GERALDINE RIVERA �7��AY 27 1988
608 Gary Avenue y'
Antioch CA 94509 F
SORS
DATE PLACE AND CIRCUMSTANCE OF OCCURRENCE:
Le N^ of~ co+00ut
t)eputy
On or about February 27, 1988 at about 11 p.m in the
evening, in the city of Pittsburg, County of Contra Costa,
Claimant Geraldine Rivera was driving her automobile west bound
on Central Avenue. As she approached Railroad Avenue, she made a
right turn onto said avenue and proceeded in a northerly
direction. At this date Railroad Avenue was under major road
construction. At this point in the street, Railroad Avenue is an
unlit and unmarked section of roadway which gave no indication to
Claimant Geraldine Rivera that the road had been closed.
Claimant Geraldine Rivera, through no fault of her own, drove her
car onto Railroad Avenue to a point where a set of railroad
tracks intersect with Railroad Avenue. Claimant's car became
stuck on the railroad tracks and would not move forward.
Claimant Geraldine Rivera exited her automobile for the
benefit of her own personal safety and to find someone that would
help her get her automobile off the tracks. Before she was able
to move her automobile from the tracks, it was struck and
destroyed by a fast moving freight train. Claimant Geraldine
Rivera suffered great emotional distress from the events that
transpired.
The proximate cause of this accident is due to the COUNTY OF
CONTRA COSTA's failure have proper lighting systems on Railroad
Avenue that would have allowed Claimant Geraldine Rivera from
seeing the danger that was ahead of her. Furthermore the COUNTY
OF CONTRA COSTA failed to properly supervise the road
construction that was occurring on Railroad Avenue and
negligently designed and maintained sections of Railroad Avenue
that allowed Claimant Geraldine Rivera to drive onto the railroad
tracks. Also the COUNTY OF CONTRA COSTA was negligent in
allowing railroad carriers to travel through a construction area
at a high rate of speed and negligent in its design of both
Railroad Avenue and the rail tracks that traversed it. In
addition the COUNTY OF CONTRA COSTA failed to post warning signs
and barriers on Railroad Avenue that would have prevented
Claimant Geraldine Rivera from turning onto Railroad Avenue when
the road was closed.
PARTIES RESPONSIBLE:
The COUNTY OF CONTRA COSTA
AMOUNT OF CLAIM: $50, 000. 00
GENERAL DESCRIPTION OF INJURIES AND COMPUTATION OF DAMAGES
Claimants James & Geraldine Rivera have suffered the loss of
their automobile and Claimant Geraldine Rivera has suffered
immense emotional distress from the effects of the accident.
Claimant Geraldine Rivera has incurred medical expenses in
an amount not yet fully ascertained.
Damages are based upon the amount it would take to adequately
compensate Claimant for intentional and negligent infliction of
emotional distress and the loss of their automobile.
Dated May 27, 1988
J m s Rivera
Gera' d//Ci�nae�Rivera
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
d
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 28 , 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: $10 , 000. 00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: KIRK L. GILLASPEY G�. r Counsef
c/o Victor J. Ban Bourg JUN U 198
ATTORNEY: Sanfra Rae Benson
875 Battery Street, 3rd F1oorDate received G7-, 0,, :455)3
ADDRESS: Sari Francisco, CA 94111 BY DELIVERY TO CLERK ON June 2 , �$�
BY MAIL POSTMARKED: May 31 ; 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: June 6, 1988 ��IL �eputyLOR, Clerk
L. fiail
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:
4
r
Dated: _ BY: (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 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 rder entered 'in its minutes for
this date.
JUN 2 8 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 29 1988 BY: PHIL BATCHELOR by ' uty Clerk
CC: County Counsel County Administrator
1 VAN BOURG, WEINBERG, ROGER & ROSENFELD
875 Battery Street, 3rd Floor
2 San Francisco, California 94111
Telephone (415) 864-4000
3 Attorneys for Claimant
Kirk L. Gillaspey
5 ti P SOBS
6P uty
P Qp, D
6 CLE pN�
9y ..
7
8
BEFORE THE BOARD OF SUPERVISORS OF THE
9
COUNTY OF CONTRA COSTA
10
11
12 In the Matter of the Claim of )
13 )
KIRK L. GILLASPEY, )
14 )
Claimant, )
15 )
Against ) No :
16 )
COUNTY OF CONTRA COSTA; GARY T. )
17 YANCEY, DISTRICT ATTORNEY OF THE )
COUNTY OF CONTRA COSTA; GENE S. )
18 WOO, DEPUTY DISTRICT ATTORNEY; )
PETER BONIS, DEPUTY DISTRICT )
19 ATTORNEY, )
20 Respondents . )
21
CLAIM AGAINST PUBLIC ENTITY AND PUBLIC EMPLOYEES
22
Claimant, Kirk L. Gillaspey, by and through his attorneys of
23
record acting on his behalf , hereby presents this claim to the
24
Board of Supervisors of the County of Contra Costa pursuant to
25
Section 910 of the California Government Code.
26
1
1 A. The name and post office address of Claimant is Kirk L.
2 Gillaspey, Post Office Box 327, Pinole, California 94564 . .
3 B. The post office address to which Claimant desires notice
4 of this claim to be sent is as follows :
5 Victor J. Van Bourg
Sandra Rae Benson
6 VAN BOURG, WEINBERG, ROGER & ROSENFELD
875 Battery Street, Third Floor,
7 San Francisco, California 94111
8 C. On or about February 25 , 1988, at Pittsburg, California,
9 Claimant received personal injuries under the following
10 circumstances : Plaintiff was formally and falsely arrested,
11 detained at the Pittsburg Police Department, and was forced to
12 undergo a formal booking procedure which included photographing
13 and fingerprinting . This false arrest was carried out at the
14 linstigation and insistence of Gary T. Yancey, District Attorney of
15 the County of Contra Costa and/or his employees and subordinate
16 Deputy District Attorneys, despite the fact that the District
17 Attorney knew that Claimant Gillaspey was not the person
18 identified by witnesses as the alleged perpetrator of a crime.
19 Respondent Yancey was aware that Mr . Gillaspey was not the person
20 identified because the District Attorney had in his possession
21 photographs of the alleged perpetrator, and because Claimant Kirk
22 L. Gillaspey clearly was not the person depicted in the
23 photograph. Indeed, Claimant Gillaspey was approximately 25 to 30
24 years younger and approximately 25 pounds lighter than the person
25 depicted in the photograph who was alleged to have committed the
26 offense charged. On or .about April 7, 1988, Respondents
2
_ 124
1 acknowledged that Mr . Gillaspey was not the correct person
2 identified and dismissed the criminal proceedings against Mr.
3 Gillaspey on the ground that he was the "wrong person charged. "
4 D. As far as is known at the time of presentation of this
5 claim, Claimant Gillaspey suffered, as a result of the false
6 arrest , loss of freedom, loss of wages, damage to his good name
7 and reputation, and physical and emotional distress .
8 E. The name or names of the public employees causing the
9 injury, damage, or loss, to the best of claimants knowledge are
10 Gary T. Yancey, District Attorney, Gene S. Woo, Deputy District
11 Attorney and Peter Bonds , Deputy District Attorney.
12 F. The amount of damages claimed by Claimant Gillaspey
13 exceeds ten thousand dollars
($10, 000 . 00) and jurisdiction over
14 the claim would rest in the Superior Court of the State of
15 California, in and for the County of Contra Costa .
16 DATED: May 3a 1988
17 Respectfully submitted,
18
VAN BOURG, WEINBERG, ROGER & ROSENFELD
19 VICTOR J. VAN BOURG
SANDRA RAE BENSON
20
21
By:
22 V TOR TGilaspey
OURG
Attornelaimant
23 Kirk L
24
.25
26
it4 3
e CLAIM /• ��
i 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 28 , 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: CONTRA COSTA COMMUNITY COLLEGE DISTRICT
c/o Atkinson, Andelson, Loya, Ruud & Romo JUN gG1g��i
ATTORNEY: 4450 Black Avenue #A [fjur� nen, CA 944_ Z!'.3
Pleasanton, CA 94566 Date received
ADDRESS: BY DELIVERY TO CLERK ON June 3 , 1988
BY MAIL POSTMARKED: June 2 , 1988
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PPHHIL BATCHELOR, Clerk
DATED: June 6, 1988 Bv: Deputy
L. Hall
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
(✓) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: i BYDeputy 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. BOA7)) This
DER: By unanimous vote of the Supervisors present
( 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, c1e
Dated: U N 2 8 �9v� 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 2 9 1988 BY: PHIL BATCHELOR by �V. _,�_r&aeouty Clerk
CC: County Counsel County Administrator
a
1 PAUL M. LOYA
PETER J. LUCEY
2 ANGELA K. KRETA
3 ATKINSON, ANDELSON, LOYA,
RUUD & ROMO
4 4450 Black Avenue, Suite A
Pleasanton, California 94566 /
5 (415) 462-8830 v �
6 Attorneys for Contra Costa `SUN 3
Community College District
7 8 � AAgq T
�o
• ' so
8
9
10
11
C
CONTRA COSTA COMMUNITY COLLEGE )
12 DISTRICT ) CLAIM FOR MONEY
aN ) DAMAGES; EQUITABLE
r � m 13
V. ) INDEMNITY
o 14
0 COUNTY OF CONTRA COSTA )
J
a F W O aD f
•J o a Z 4 ro )
15
D � za " p 1. Claimant: Contra Costa Community College District,
n „ o ,
z i0 16
J Q Q
il o Q ED
� a oQ 17 500 Court Street, Martinez, California 94553.
N N
L ` W2 . Post office address to which notices should be
18
19 sent: Atkinson, Andelson, Loya, Ruud & Romo, 4450 Black
z 20 Avenue, Suite A, Pleasanton, California 94566. .
21 3. Date, place and circumstances giving rise to claim:
22 On March 24 , 1988, the Contra Costa Community College
23 District was served with the complaint in Sanford v. Contra
24 Costa Community College District (Contra Costa Superior Court
25 Action No. 307136) . A copy of the complaint is attached to
26 this claim and incorporated by this reference. It is the
27 District's position that any injuries suffered by Plaintiff
28
1
CLAIM FOR MONEY DAMAGES;
EQUITABLE INDEMNITY PDG51880531.pcl
1 as alleged in said lawsuit were the result of the failure by
2 the County, its agents and employees, to supervise its Work
3 Release program in a responsible manner and that therefore,
4 the District is entitled to equitable indemnity from the
5 County for any expenses or liability it may incur as a result
6
of said action.
7
4 . General description of indebtedness, obligation,
8
injury, damage or loss claimed: The amount claimed by
9
Plaintiff in Action No. 307136 is unknown at this time. The
0 10
2 District claims the right to full indemnity for any amount
0 11
12 awarded to Plaintiff in this lawsuit.
o �
Qa13 5. Names of public employees causing injury, damage or
z
° Q loss: Unknown.
Q a 14^ Z o
ro � w � ,�
_J z 15 6. The amount claimed by Plaintiff in Action No.
U N W J N
Z Z Z a � p
0 - a % -- 16 307136 rests within the jurisdiction of Superior Court.
tnNou O
J " J 0 Q
F
C) a a o c 17 DDated: J�N 1 198P
Z m N
Q a C
z a 18
O
U)
19 ATKINSON, ANDELSON, LOYA,
Y RUUD & ROMO
Q 20
21 �. �
By
22 PETER J. h9tEY
Attorneys for the Contra Costa
23 Community College District
24
25
26
27
28
2
CLAIM FOR MONEY DAMAGES;
EQUITABLE INDEMNITY PDG51880531.pcl
ATTORNEY OR PARTY vvITHOUT ATTORNEY(NAME AND ADDRESS). TELEPHONE " TOR mr. ONLY.
1b . TODD WITHY (415) 848-720C
WITHY , MILLER, CLARK, LEVIN & CALVERT l
2222 Martin Luther K-ing Jr. May
Berkeley , CA 94704
t
ATTORNEY FOR(NAME): James Sanford, Plaintiff NODI L• THIS CASE IS ASSIGI4t-
insert name of court,judicial district or branch court,if any,and post office and street address: ED-'TO DEPARTMF��0 —
Superior Court of California AND CCf,1ES UNDE VEIMkNJ ODE 686 Q
County of Contra Costa (LOCAL ULE 5) ii.100 37th Streetl
Richmond, CA 94805
PLAINTIFF: - FEB ft g 1988
JAMES SANFORD
1. R. V030, wymy Cferk
CONTRA COSTA COCJNry
9Y
M.Wmst4 v
DEFENDANT:
CONTRA COSTA COIMUNITY COLLEGE DISTRICT, and
DOES 1 TO 20 , inclusive
COMPLAINT--Personal Injury, Property Damage, Wrongful Death CASE NUMBER:
2gQOTOR VEHICLE nOTHER (specify): Negligent Act of Public 307136
Property Damage Q Wrongful Death Erb oyee
M,Personal Injury ® Other Damages(specify):
Compensatory
1. This pleading, including attachments and exhibits, consists of the following number of pages: 4
2. a. Each plaintiff named above is a competent adult
Q Except plaintiff(name):
Q a corporation qualified to do business in California
Q an unincorporated entity(describe):
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):
Qa public entity(describe):
Qa minor 0 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):
b. Q Plaintiff(name):
is doing business under the fictitious name of(specify):
and has complied with the fictitious business name laws.
c. Q Information about additional plaintiffs who are not competent adults is shown in Complaint—
Attachment 2c.
(Continued)
Form Approved by the
Ju Jof
EffectiveJanuary 1. 1982 COMPLAINT—Personal Injury, Property Damage,e,
Rule 982 ,(11
Wrongful Death CCP 425 12
SHORT TITLE: CASE NUMBER.
HUGHES v. CONTRA COSTA COV14UNITY COLLEGE
DTSTRTrT
COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page
3. a. Each defendant named above is a natural person
} Except defendant(name):Q Except defendant(name):
Contra Costa Community College
District
[Q a business organization, form unknown =a business organization, form unknown
Q] a corporation . Q a corporation
Q an unincorporated entity(describe): []an unincorporated entity(describe):
a public entity(describe): Q a public entity(describe):
community college district
Q other(specify); Q other(specify):
Q Except defendant(name): Q]Except defendant(name):
Q a business organization, form unknown =a business organization, form unknown
Q a corporation =a corporation
Q an unincorporated entity(describe): =an unincorporated entity(describe):
Q a public entity(describe): [=a public entity(describe):
0 other(specify): jQ other(specify):
b. The true names and capacities of defendants sued as Does are unknown to plaintiff
c. jQ 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. Plaintiff is required to comply with a claims statute, and
a. R[ plaintiff has complied with applicable claims statutes, or
b. C plaintiff is excused from complying because(specify):
w •ri'i
Ilk
5. This court is the proper court because
Q at least one defendant now resides in its jurisdictional area. .
Q the principal place of businesU of a corporation or unincorporated association is in its jurisdictional area.
4-71 injury to person or damage to personal property occurred in its jurisrictionat area.
Q other(specify):. ,
6. `Q The following paragraphs of this complaint are alleged on information and belief(specify,p8r8greph numbers):
(Continued) Page two
B-1(3)
SHORT TITLE CASE NUMBER
HUGHES v. CONTRA COSTA COMfdUNITY COLLEGE
DISTRICT 307136
COMPLAINT—Personal Injury, Property Damage, Wrongful Death,(Continued) Page three
7, 0 The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
=listed in Complaint—Attachment 7 =as follows:
B. Plaintiff has suffered
ffy wage loss 0 loss of use of property
hospital and medical expenses ��general damage
property damage oss of earning capacity
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
compensatory damages
.X�(Superior Court) according to proof.
'-1 (Municipal and Justice Court) in the amount of S
C other(specify):
11. The following causes of action are attached and the statements above apply to each: (Each complaint must have
one or more causes of action attached.)
Motor Vehicle
General Negligence
Intentional Tort
Products Liability
• Premises Liability
Other(specify):
7Z
- ..._.
G. TODD WITHY
(Type or print name) (Sip lure or r attorney)
COMPLAINT—Personal Injury, Property Damage, Page three
Aute 982 Io)(cont a) Wrongful Death (Continued) CCP 425 +2
f
SHORT TITLE: HUGHES V. CASE NUMBER
CONTRA COSTA C014MUNITY COLLEGE DISTRICT 307136
FIRST CAUSE OF ACTION—Motor Vehicle Page 4
(number)
ATTACHMENT TO ®Complaint QCross-Complaint
(Use a separate cause of action form for each cause of action.)
Plaintitf(name): James Sanford
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): March 28, 1987
at(place): Contra Costa Community College
MV-2. DEFENDANTS
a. . The defendants who operated a motor vehicle are(names):
Contra Costa Community College District
ffy Does 1 to 3
b. MThe defendants who employed the persons who operated a motor vehicle in the course of their employment
are(names):
Contra Costa Community College District
RX Does 3 to 7
C. LX The defendants who owned the motor vehicle which was operated with their permission are (names):
Contra Costa Community College District
Does 3 to 10 S
d. The defendants who entrusted the motor vehicle are(names):
Contra Costa Community College District
Yx- Does 3 to 12
e. E=_' The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were(names):
Contra Costa Community College District
E'(Does 1 to 14.
f. [] The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
=listed in Attachment MV-2f =as follows:
Does to
Form Approved by the
Judruet Council of Ceioornm
E�eC1R�January 2; 1982
CAUSE OF ACTION—Motor Vehicle CCP 425 12
� w
1 PROOF OF SERVICE BY MAIL (CCP 1013a, 2015.5)
2 I declare that:
3 I am employed in the County of Alameda, California.
4 I am over the age of eighteen years and not a party to
5 the within cause; my business address is 4450 Black Avenue,
6
Suite A, Pleasanton, California 94566.
7
On June 2, 1988, I served the within CLAIM FOR MONEY
8
DAMAGES; EQUITABLE INDEMNITY by placing a true copy in a
9
sealed envelope with postage thereon fully prepaid, in the
0 10
0 11 United States mail at Pleasanton, California, addressed as
Y
Lb follows:
0 0 12
13 Clerk of the Board of Supervisors
r � m County of Contra Costa
a < a Z o 14 651 Pine Street
> o w Martinez, California 94553
O - o m
p Q Z 4 m
U N W J 15
N
> > Q
W°
00 I declare under penalty of perjury that the foregoing is
Y -
N V N 16
J w FO Q Z'
?
W oc m
° a oQ 17 true and correct, and that this declaration was executed on
Z m N
Q Q w
18 June 2 , 1988 at Pleasanton, California 94566.
Z a
O
Z 19
Y
Q 20
21
22 CECELIA STANSBURY�/
L
23
24
25
26
27
28
pdg5188pos.hmc .
CLAIM'
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
A
ClaimAgainstthe County, or District governed by) BOARD ACTION
the hoard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 28 , 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: $7 , 000 - 00 Section 913 and 915.4. Please note all "Warnis".
abunty counsel
CLAIMANT: KATTIE LEE THOMAS
c/o Sylvia St. A. Keita JUN 11988
ATTORNEY: Attorneyat Law
145 ParPlace Date received Martinez, CA 94553
ADDRESS: Point Richmond, CA 94801 BY DELIVERY TO CLERK ON May 26 , 1988
BY MAIL POSTMARKED: May 25, 1988
Certified P 731 152 341
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Ma 31 , 1988 PpHHIL BATCHELOR, Clerk
DATED: y BY: Deputy
L. Hall
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(V) This4c aimg
compes substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: ((1 _ U 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
(LI 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. p
Dated: JL111 2 8 1988 PHIL BATCHELOR, Clerk, By puty 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 nd Notice to Claimant, addressed to
the claimant as shown above.
JUN 2 g 1998
Dated: BY: PHIL BATCHELOR by uty Clerk
CC: County Counsel County Administrator
f 100_DAY_CLAIM (AMENDED) MA �®
CLAIM AGAINST: 51988
COUNTY OF CONTRA COST cl
�Y ONgRO FL
h/ �Av
`B
KATTTE LEE THOMAS hereby presents a claim for damages a st
COUNTY OF CONTRA COSTA
CLAIMANT' S ADDRESS IS : 911 Trento Blvd, #-.. 4, San Pablo, Ca. 94806
Claimant desires that all notices or other communications with regard to
this claim be sent to : SYLVIA ST. A. KEITA, Attorney at Law, .145 Park
Place, Point Richmond, California 94801
DATE OF OCCURRENCE: February 25, 1988
PLACE OF OCCURRENCE: Intersection of San Pablo & Moeser Lane in
E1 Cerrito, County of Contra Costa, Califfornia
SAID CLAIM ARISES OUT OF THE FOLLOWING CIRCUMSTANCES :
Claimant, Kattie Lee Thomas was a passenger in a
car owned and insured by the County of Contra
Costa, California. Said vehicle was involved in
a collition and claimant sustained personal
injuries as a result of said collision. The
driver of said county vehicle, a county employee
was partially negligent with his operation of said
vehicle contributing to the cause of the accident.
(additonal negligent entrustment ot ve is e
NAME AND CAPACITY OF EMPLOYEES OF FRANK HENRY HERMAN, County employee
and persons unknown at this time
MATTER IS EXPECTED TO PROCEED IN SUPERIOR COURT
AMOUNT CLAIMED:
SPECIAL DAMAGES TO DATE: $ Approximately $1 ,000.00 (medical bills ar(
GENERAL DAMAGES TO DATE: $ 6 ,000.00 on going)
ESTIMATED FUTURE DAMAGES : $ estimated at $5000.00
ESTIMATED TOTAL TO DATE: $ 7 ,000.00
I declare under penalty of perjury that the above is true and correct
Executed at Point Richmond, California on: May 21 , 1988
LVIA S ITA
Attorn a -bsw
-- e