Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MINUTES - 03211989 - 1.22
, CLAIM /' d :u BOARD OF SUPERVISORS GF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 21, 1989 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: TIRES TO GO, INC . County Counsel c/o Linda J. Seifert, Esq. MAR..0 11989 ATTORNEY: McNamara, Houston, Dodge, McClure & Ney 1211 Newell Avenue 2nd Floor Date received Martinez, CA 94553 ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON February 21 , 1989 BY MAIL POSTMARKED: February 17 , 1989 Certified P 772 330 466 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHHIL BATCHELOR, Clerk DATED: February 23 , 1989 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: 3 ( q BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admini for (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: MAR 2 11989 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: MAR 2 3 1989 BY: PHIL BATCHELOR by p'uty Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: TIRES TO GO, INC. c/o Linda J. Seifert, Esq. McNamara, Houston, Dodge, McClure & Ney 1211 Newell Avenue, 2nd Floor Walnut Creek, CA 94596 Re: Claim of TIRES TO GO, INC. Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910.2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 3 . The claim fails to state the circumstances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. X 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf. 7 . Other: VICTOR J. WESTMAN, County Counsel By. Depu y VCounty n CERTIFICATE OF SERVICE BY MAIL C.C.P. §9 1012, 1013a, 2015 .5• Evid. C 99 641, 664, My business address is the County Counsel's , Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated:- -� g , at Martinez, alifornia. ,1JA,- %16R^ ,,e, cc: Clerk of the Board of Supervisors (orig' al) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ ' 910, 910 . 2, 920 .4 , 910.8) DANIEL J. McNAMARA McNAMARA,,HOUSTON, DODGE, MCCLURE 8 NEY DIANNE KREMEN COLVILLE WILLIAM K. HOUSTON,JR. ATTORNEYS AT LAW WILLIAM J. DIFFENDERFER RICHARD E. DODGE 1211 NEWELL AVENUE, SECOND FLOOR LEONARD J.COOK DOUGLAS C. McCLURE MAILING ADDRESS P.0.BOX 5288 LINDA J. SEIFERT ROGER J. BROTHERS MICHAEL J. BEY WALNUT CREEK, CALIFORNIA 94596 STUART CHARLES GILLIAM THOMAS G.BEATTY RICARDO A.MARTINEZ ROBERT M.SLATTERY TELEPHONE (415) 939-5330 TIMOTHY J.ROWLEY THOMAS E. PFALZER R. DEWEY WHEELER FACSIMILE (415) 939-0203 FRANCES H. YOSHIMURA ELLEN H.NOLTING PLEASE RESPOND TO: February 17 , 1989 P.O.BOX 5288 CRAIG M. GARRITY MAREN J. CHRISTENSEN WALNUT CREEK,CA 94596-1288 NIC0107 Board of Supervisors County of Contra Costa 651 Pine Street Martinez , CA 94553 Re: Lupher v. County of Contra Costa Dear Sir or Madame: Enclosed please find an original and one copy. of a Claim Against the County of Contra Costa on behalf of Tires to Go, Inc. , doing business as Universal Tire Service. Please execute page 3 indicating receipt of this document, and return it to me in the enclosed self-addressed envelope. Thank you for your courtesy in this matter. Very truly yours, McNAMARA, HOUSTON, DODGE, McCLURE & NEY Linda J eifr t LJS/cm enclosure cc: Mr. Ron Harvey McNAMARA, HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Ste. 202 [jREC IVED P. O. Box 5288 Walnut Creek, CA 94596 r _� Attorneys for Claimant CL,-, P 13 L R NT A RS- By Sgy CLAIM AGAINST THE COUNTY OF CONTRA COSTA PURSUANT TO GOVERNMENT CODE SECTION 910 , et sect. TO: BOARD OF SUPERVISORS County of Contra Costa 651 Pine Street Martinez, CA 94553 The following claim for equitable indemnity is hereby made on behalf of TIRES TO GO, INC. , also doing business as UNIVERSAL TIRE SERVICE, against the County of Contra Costa and the County of Contra Costa Sheriff ' s Department. A. NAME AND ADDRESS OF CLAIMANT Tires To Go, Inc. 3001 Evergreen Street West Sacramento, CA 95691 B. ADDRESS TO WHICH NOTICE IS TO BE SENT Linda J. Seifert, Esq. McNAMARA, HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Second Floor P. O. Box 5288 Walnut Creek, CA 94596 C. DATE, PLACE AND CIRCUMSTANCES WHICH GIVE RISE TO THIS CLAIM On or about January 25, 1988 , Thomas Lupher and Angela Allberg Lupher were injured when their vehicle collided with a vehicle driven by Terry Sellers. According to the allegations contained in the complaint, the head-on collision occurred while Contra Costa County and the Contra Costa County Sheriff ' s Department were engaged in a high speed pursuit of Mr. Sellers, whom they suspected of criminal activity. Such pursuit was allegedly being performed in an unmarked and unlighted vehicle, owned and maintained by the Sheriff ' s Department in a heavily trafficked roadway, which had only two lanes. The complaint allegations state that such pursuit was conducted in a negligent and careless manner, without regard for the welfare of their driver. In addition to the foregoing, plaintiffs ' complaint alleges that plaintiffs were unable to avoid a collision due to the design and construction of the roadway, which is a roadway built, designed and maintained by the County of Contra. Assuming that plaintiffs are entitled to recover damages, said damages will be only derivative, and will be due to the Contra Costa County' s design, construction and maintenance of the roadway where the accident occurred, and/or the negligence of the Sheriff ' s Department in the conduct of a high speed chase on such roadway immediately prior to the subject accident. D. DESCRIPTION OF LOSS INCURRED At this juncture, claimant has no information as to the extent of the loss to Thomas Lupher and/or Angela Allberg Lupher. E. EMPLOYEES CAUSING INJURIES AND DAMAGES At the present time, claimant does not know the names of agents, servants and employees of the County of Contra Costa and -2- the Contra Costa County Sheriff ' s Department, who contributed to said loss, except that the complaint indicates that G. Campbell and W.R. Cunningham were Contra Costa County Sheriff ' s involved in the high speed chase. F. AMOUNT CLAIMED The amount claimed by plaintiffs and defendant Tires To Go, dba Universal Tire Service ' s exposure is unknown, but Tires To Go looks to the County of Contra Costa for partial or total indemnity. DATED: This 16th day of February, 1989. Respectfully submitted, McNAMARA, HOUSTON, DODGE, MCCLURE & NEY Linda J. Se' r Attorney f r Claimant This will acknowledge receipt of the above claim on the day of , BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA By: Title: Claim Mailed By Certified Mail on February J✓l, 198 -3- Brian E. K6rss , Esq- WELTIN, VAN DAM & FLORES 2 444 Market St. , 1930 San Francisco, CA 94111 3 Telephone: (415) 433-4500 11r "N 4 Attorneys for Plaintiffs DEC ,, - i P r) THOMAS LUPHER and ANGELA ALLBERG LUPHER i 5 CONTRA COSTA CUUNTY 6 "`4 Deputy 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN THE COUNTY OF CONTRA COSTA 10 THOMAS LUPHER and ANGELA ALLBERG LUPHER, 11 Plaintiffs, 12 vs* No. : C8804476 13 COUNTY OF CONTRA COSTA, CONTRA AMENDMENT TO COMPLAINT 14 COSTA SHERIFFS DEPT. , G. CAMPBELL, W.R. CUNNINGHAM, 15 TERRY SELLERS, CHARLENE MYERS and DOES 1 TO 50, 16 Defendants. 17 18 Plaintiffs were unaware of the identity of defendant sued 19 herein as DOE 1 at the time of f fling the complaint. Plaintiffs 20 have since been informed of the true name of DOE 1, which is 21 UNIVERSAL TIRE SERVICE,, and hereby substitute such true name in 22 place of DOE 1 wherever it appears in the complaint. 23 Plaintiffs further amend the complaint to add paragraph KV- 24 2f, which reads as follows: 25 The defendants who are liable to plaintiffs for other 26 reasons for the liability are as follows: Defendant UNIVERSAL 27 TIRE SERVICE, sued herein as DOE 1, negligently and carelessly 28 permitted the motor vehicle owned by defendant Charlene Myers to BEK AMENDMENT TO COMPLAINT Lupher4 1 be stolen -,:om its premises at a time prior to the occurrence of 2 the accident herein. Plaintiffs are informed and believes that 3 the automobile was stolen by defendant Terry Lee Sellers. 4 DATED: December 20, 1988 5 WELTIN, VAN DAM & FLORES By: 7 BBrian E. Kerss 8 Attorneys for Plaintiffs 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BER AMENDMENT TO COMPLAINT -2- Lupher4 hjq.EY OR PARTY WITHOUT AT TOhNF ANO ADOAESS): Mt. ..)NE: FOR COURT USE ONLY el.ILIP �R. WELTIN (4 15) 433-4500 WELTIN, VAN DAM & FLORES 444 Market St. , Suite 930 San Francisco, CA 94111 ATTORNEY FOR(NAME): JI Insert name of court,judicial district or branch court.it any,and post office and street address: Superior Court of California .1 Contra Costa County P P.O. Box 911 ' Martinez, CA 1� OCT 2 8 1988 PLAINTIFF: Clerk UINTRA COSTA CO NTY THOMAS LUPHER, ANGELA ALLBERG LUPHER, DEFENDANT: COUNTY OF CONTRA COSTA; CONTRA COSTA SHERIFF'S DEPT. ; G. CAMPBELL; W. R. CUNNINGHAM; TERRY SELLERS; CHARLENE MYERS "I DOES I TO 50 COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER: ®MOTOR VEHICLE ®OTHER(specify): Negligence, Premises MProperly Damage M Wrongful Death Liabilittr . If '", 0 f)/ MPersonal Injury M Other Damages(specify): 1. This pleading.Including attachments and exhibits,consists of the following number of pages: 6 2. a. Each plaintiff named above Is a competent adult NOTTE: C]Except plaintiff(name): 1' '!7D TO DEPT. Ma corporation qualified to do business in California " "E Man unincorporated entity(describe). U RNMENT CDDE 68600 M a public entity(describe): (LOCAL ROLE 5) C3 a minor C:]an adult M for whom a guardian or conservator of the estate or a guardian ad!item has been appointed 0 other(specify): CD other(specify). M Except plaintiff(name): Ma corporation qualified to do business in California an unincorporated entity(describe). CD a public entity(describe).- Oa minor C:]an adult 0 for whom a guardian or conservator of the estate or a guardian ad Idem has been appointed 0 other(specify): M other(specify): b. M Plaintiff(name): Is doing business under the fictitious name of(specify). and has complied with the fictitious business name laws. c. C]information about additional plaintiffs who are not competent adults Is shown In Complaint— Attachment 2c. (Continued) Form Approved by the Jud3clat Council of California Effective January 1.1932 COMPLAINT—Personal Injury. Property Ramage, Auto 202,1(1) Wrongful Death SHORT TITLE: CASE NUMBER: LUPHER v CONTRA COSTA COUNTY COMPLAINT--Personal Injury, Property Damage, Wrongful Death Page two 3. a. Each defendant named above is a natural person ® Except defendant(name): Q Except defendant(name): Contra Costa County 0 a business organization. form unknown Q a business organization,form unknown Q a corporation Q a corporation (:D an unincorporated entity(describe): Q an unincorporated entity(describe): ® a public entity(describe): Q a public entity(describe): county Q other(specify): 177 other(specify): [� Except defendant(name): Q Except defendant(name): Contra Costa County Sheriff's Dept. Q a business organization,form unknown Q a business organization,form unknown CD a corporation Q a corporation CD an unincorporated entity(describe): Man unincorporated entity(describe): ® a public entity(descrr'be). Q a public entity(describe): Agency of Contra Costa [] other(specify). County Q other(specilyt b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q information about additional defendants who are not natural persons is contained in Complaint-- Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names). 4. Plaintiff is required to comply with a claims statute, and a. ®plaintiff has complied with applicable claims statutes, or b. Q plaintiff Is excused from complying because(specify): r S. This court is the proper court because ® at feast one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jurisdictional area. Q Injury to person or damage to personal property occurred In Its jurisdictional area. Q other(specify): 6. Q The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): i; SHOP-T TITLE: CASE NUMSER: LUPHER V. CONTRA COSTA COUNTY COMPLAINT—Personal Injury, Properly Damage, Wrongful Death(Continued) Pago uVas 7. damages claimed for wrongful death and the relationships of plaintiff to the deceased are listed in Complaint—Attachment 7 C3 as follows: 8. Fnain*:lk41M1qfto#1ts have suffered wage loss loss of use of property hospital and medical expenses general damage property damage (TL]loss of earning capacity cher damage(specify): Loss of consortium for Angela Lupher, wife of Thomas Lupherr from Thomas Lupher's disability. 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLA1NTIFF%cftX3:s pray: For judgment for C0313 Of Suit; for such relief as is fair,just, and equitable;and for compensatory damages (Superior Court) according to proof. (Municipal and Justice Court)in the amount of S 0 outer(specify): 11. The IbIlowing causes of action are attached and the statements above apply to each:(Each complaint must hay* one or more causes of action attached.) CN Motor Vehicle ISI General Negligence intentional Tort 0 Products Liability M Premises Liability C3 Other(specify): PHILIP R. WELTIN i9nature of painun at atiarn*y) (T;P@*0'*P'�1;a,;*) (S9......W COMPLAINT--Personal Injury, Property Damage, Page IN@* At"992.1($)(Cant'd) Wrongful Death(Continued) CCP 423.12 SIIOR T —',TLE. CASE NUMBER LUPHER V. CONTRA COSTA COUNTY FIRST CAUSE OF ACTION--Motor Vehicle Page 4 (number) ATTACHMENTTO ®Com;,aint [Cross-Complaint (4;se a separate cause of action form for each cause of action.) Pla,":rff(name): THOMAS LUPHER and ANGELA ALLBERG LUPHER MV-! 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): 2/4/83 at(place): Port Chicago Hwy, 600 feet west of Nichols Road, Contra Costa County ti'.-2 DEFENDANTS a. M The defendants who operated a motor vehicle are(names): TERRY LEE SELLERS ®Does --J:—- to 5 b. ®The defendants who employed the persons who operated a motor vehicle in the course of their empboyment are(names): [� Does 1 to 10 c. ®The defendants who owned the motor vehicle which was operated with their permission are(names): CHARLENE MYERS ® Does 1 to 15 d. ®The defendants who entrusted the motor vehicle are(names): [M Does 1 to 20 e. EU The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names). ®Does_-_-1__to 20 f. M The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are Mlisted in Attachment MV-21 C]as follows: Q Does to Form rlaprored by the 112.S Judc W CGunvi of cabiolny E January 198 2) CAUSE OF ACTION—Motor Vehicle SH0,3TTM_E: LUPHER V. CONTRA COSTA COUNTY C SE NUMBER: SECOND CAUSE OF ACTION—Premises Liability Page 5 {number) ATTACHMENTTO CY)Complaint F]Cross-Complaint (Use a -carate cause of action form for each cause of action.) Prerr.,L-'. Plaintiff(name): THOMAS LUPHER and ANGELA ALLBERG LUPHER alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff. on (date): 2/4/88 plaintiff_d1M injured on the following premises in the following were fashion(description of promises and circumstances of injury): on Port Chicago Hwy. , a cc-anty road, when their vehicle was struck head on by an oncoming vehicle in their lane of travel. Plaintiffs were unable to avoid a collision due to the design and const-ruction of the roadway. Prem.L-2. Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described-premises were(names): Contra Costa County CM Does 21 to 30— Prern.L-3. M Count Two—Willful Failure to Warn (Civil Code section 846) The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use. structure, or activity were (names): M Does to Plaintiff, a recreational user,was =an invited guest =a paying guest. Prem.L-A, Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Contra Costa County rM Does 21 to 30 a. K3 The defendant public entity had C3j]actu@rkD constructive notice of the existence of the dangerous condition in sufficient time prior to the Injury to have corrected it. b. 60 The condition was created by employees of the defendant public entity. Prem.L-5. a. Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Does 21 to 40 b. M The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are C3 described in attachment Prem.L-S.b r7 as follows(names): Fwm A.)Provod by the JudocsW Owncil of California E11*0 January 1.IM ROMM.I(s) CAUSE OF ACTION—Premises Liabliltv " y SHORT TITUE _ CASE NUMBER LtJP._ v. `CONTRA COSTA COUNTY 1 • 4 i THIRD) CAUSE OF ACTION—General Negligence Pag• 5 ATTACHMENT TO [Complaint CDCross-Complaint r_se a separate cause of action form for each cause of action.) GV-t, Plaintiff(name): THOMAS LUPHER, ANGELA ALLBERG LCPHER alleges that defendant(name): CONTRA COSTA COUNTY, CONTRA COSTA SHERIFF'S DEPT. , G. CAMPBELL, W. R. CUNNINGHAM, ®Does_25__to 5_ was the legal (proximate) cause of damages to plaintiff. 8y the following acts or omissions to act, defendant negligently caused the damage to plaintiff on(date): 2/4/88 at(place): Port Chicago Hwy. (description of reasons for liability)' Prior to the time of the accident alleged herein, defendants CAMPBELL & CUNNINGHAM; acting in the course and scope of their employment as officers of the Contra Costa Sheriff' s Dept. , for defendants CONTRA COSTA COUNTY and CONTRA COSTA COUNTY SHERIFF'S DEPT. , were engaged in a high speed pur- suit of defendant TERRY SELLERS, whom they suspected of criminal activity. Said pursuit was being performed in an unmarked and unlighted vehicle owned and maintained by the Sheriff 's Dept. , in a heavily travelled roadway which had only two lanes, and was conducted in a negligent and careless manner, without regard for the welfare of other drivers , and was being done without probable cause by defendants to believe that defendant SELLERS had actually engaged in criminal activity. FOV Approved by W4 Judemw Council of cakforno E+ac- lei( f2pune �j CAUSE OF ACTION—General Negilgetxe CCP 42S.12 y; I r < P 772 300 4.6 c. �•1 ",(7\�''=4 i r Ems_.__"C'�r ��{!s: 31 e476'Z ` "�St��,*�*.-i r-!+'-C"�'C_�!~��'"���'`•, .G't�'i-tom+".�".'i'�.t'S,� _L��"I� FROM MCNAMARA, HOUSTON, DODGE, MCCLURE tic :BEY Claim Check ATTORNEYS AT LAW "k 1211 NEWELL AVENUE,SUITE 202 �G a .' P,O.80X 5288 WALNUT CREEK,CALIFORNIA 94596 Q Hoffa Date TO I Board of Supervisors ;A ,-1sT Notice County of Contra Costa ' 651 Pine Street �!�t-$ Martinez, CA 94553 petachad +PS Form 38A8-A^ t Oct.'1885., rd�a CLAIM BOARbf OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against tithe County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT .-March 21, 1989 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $100, 000 . 00 Section 913 and 915.4. Please note all "Wappnty COunsO CLAIMANT: RONALD''GILBERT ALLEN 111�R U 1 1989 c/o Robert P. Bailey. ATTORNEY: 14.7 Chianti Place Martinez, CA 94553 Pleasant Hill, CAA 94523 Date received ADDRESS: BY DELIVERY TO CLERK ON February 23 , 1989 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. ��IL gATCHELOR, Clerk DATED: February 27 , 1989 : Deputy L. Hall �i FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel I1I. 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. Dated: MAR 2 1 1989 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: MAR 2 3 1989 BY: PHIL BATCHELOR by y Clerk CC: County Counsel County Administrator C..AIM AZ� '•. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 21, 1989 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500, 000 . 00 Section 913 and 915.4. Please note ()oti ty9iftunaef CLAIMANT: ANTHONY LYNN GLENN BAR 1 c/o Stephen Austin Cain ATTORNEY: Law Offices of Cain & Cain Martinez, CA 94563 1501 N. Broadway, #203 Date received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON February 17 , 1989 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. DATED: February 23, 1989 PpHHIL BAATCHELOR, Clerk BY: D puty L. Hall FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( , ) Other: Dated: BY:_* Deputy County Counsel 7_�J III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. (/ \) Other: I certify that this is a true and correct copy of the Board's der entered in its minutes for this date. Dated: MAR 2 1 1989 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: MAR 2 3 1989 BY: PHIL BATCHELOR by Zeputy Clerk CC: County Counsel County Administrator I aaim to: BOARD OF SUPERVISORS OF CONTRA Qi LOUN°TY ` 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 4etion. 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 11 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 t orm, RE: Claim By ) Resery * 9 k's Xing stamp ANTHONY LYNN GLENN2% C E ) I E D ' ) Against the Country of Contra Costa j Ft Q 17 1989 or District) PNTP A ^ �AERV Q}� Fill in name ) LCLE. y Y . f.. .. .. .... . puty The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 500: 000 . 00 and in support of this claim represents as follows: ----------------_____________________________________________________________________ 1. When did the damage or injury occur? (Give exact date and hour) NOVEMBER_17,_ 1988 --------------------------------..___________---------___-- 2. Where did the damage or injury occur? (Include city and county) Doherty_ Roads near _Sari Ramon . Cont a Cosh_CQ.41II. .Y___-____-..____-®-__-_ 3. How did the damage or injury occur? (Give full details; use extra paper if required) While driving automobile , claimant approached curve in road ator.-about posted speed limit , was unable to negotiate road. at posted speed limit , overturned automobile , totalled automobile and broke claimant ' s back . u. What particularactor omission on the part of county or district officers, servants or employees caused the injury or damage? Failure t o properly slope and contour the road and failure to post proper speed limit sign . Posted- speed too high for design of road.. (over) 5. What are the names of county or district offioers, servants or employees'causirig the damage or injury? _ ; Unknown at present . -------------------------------------------------------------- 6. `khat damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for. auto damage. Broken back & other injuries . Medical expenses exceed $20 , 000 . 00 —®---------------------------------------- -�---------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Loss of ability to engage in certain activities , pain & suffering & vulnerability to further back injury . ��»— ------------------------------------------------------------------------ 8. Names and addresses of witnesses, doctors and hospitals. Anthony Lynn Glenn , Pleasanton , c/o Law Offices of Cain & Cain 1501 ' North Broadway , Suite 203 David Rose ; - Pleasanton Walnut Creek , California 94596 —�I--..��------------------------------------------------------------------------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Undetermined med•ica•1-r&- r.,elated expenses more than $20 , 000 . 00 Gov. Code Sec. 910.2 provides: (. f "The claim must be signed by the claimant SEND, NOTICES TO: ;;(Attone. :), or b e person on his behalf." amei and Address'of Attorney:;, '114k Awl" (alzc_ Stephen Austin Cain (Claimant's Signature LAW OFFICES OF CAIN & CAIN 1501 N . Broadway , Suite 203 1501 N . Broadway , Suite 203 Walnut Creek , CA 94596 Address Walnut Creek , CA 94596 Telephone No. (415) 932-0893 1 Telephone No. 415 932-08 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county., city or district. board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($19000), 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 - 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 March 21, 1989 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: $2, 000, 000. 00 Section 913 and 915.4. Please note all Mtxtit sCounsei CLAIMANT: TARAS RAHSAAN HANEEF 'AAR .U 11989 c/o Brenda White -ATTORNEY.: 2314 80th Avenue Martinez, CA 94553 Oakland, CA 94605 Date received ADDRESS: BY DELIVERY TO CLERK ON February 24, 1989 BY MAIL POSTMARKED: February 23 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. February 27 , 1989 PpHHIL BATCHELOR, Clerk DATED: y BY: Deputy L. Hall I�I. 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:I }� BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County inistrator (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: MAR 2 1 1989 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. MAR 2 3 1989 Dated: BY: PHIL BATCHELOR by r ty Clerk CC: County Counsel County Administrator CLAIM AGAINST^ COUNTY OF CONTRA COSTA 1 he eby presents a claim for damages against \ � =�'l5 Claimant' s address is: 9C7( C nu-62� Claimant desires that all notices qr other cc muni a i n i regard to this claim be sent to: bI>ac ED9 Date of occurrence: ,1 ,9,� y 1 ' IL BA F SELOR Place of occurrence: Nv�-T�' ` 9—�C"A &ko i CL K ON ISCrut �{{�� �� � eputY. ILo ` 0PAI C R OolCUtlSbl"�C�N e Said Claim arises 'fromt�e following circumstances: (� SCT I IJ t/C tG .1�, �/U(r, - A FMJ C !`-J " ate dLk lJ2�Hi JL C �1'�i'mA,/l�G ,�/ O� IL!(`� �SCx_c�., pG�Srrvc\ NC9 t'►�, 5i cc.,-( 4-14 T12E�� -1-tt �) &d4 IC7S Ge eral description.-. of injury or 4mages, so far as is own+a this time:G u,v SI LTE W Cx.. 4 c_ALU5:�Td AJ C.R,1 f,�F c(C,-, vO e.,_G S -k7 2c�� �1nc cQ - Rr,) . P-: 0,4Q.4/1, C_LA-I'M Aio-& Ul Po 14 A-C_t f i r� 1+ RAS U l o f7 Ir�� Ire �� c.�`�`� S a�pS. CJ L'� Bei -Name and capacity f employees of: c.�1 , (Gd�—> CD - S E involved: Amount claimed: Special damages to date: $ Property damages to date: $ General damages to date: $ 1)000.,00 Estimated prospective damages �c'SDOC�c� Estimated. Total, to date: - Cj p� I declare under penalty of perjury that the foregoing is true and correct. Executed at Mp p- f;Oate— , California, on �FEk aZ-�Pj 198(( 1986 , 1 QY[1J� 1 L eh L�I0 IJ Claim Pursuant to. Government Code .§910 et. seal V1(w s � P 946 f G 0 Aa� cri a; y t- r-, 4 k � t RECEIVED '+tel t cr FFB241989 P11-il BAT,CHELO^n tl CLEr^.1C ROAR A OF STA CO. CR5 G ................................. De ut _ t 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 CLAIMANTTZar ch 21, 1989 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" County Counsel CLAIMANT: LAFAYETTE ADJUSTERS Insured Carroll P. O. Box 351 Claim # 443 089 MAR..0 11989 ATTORNEY: Lafayette, CA 94549 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON February 22 , 1989 BY MAIL POSTMARKED: February 21, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gg DATED: February 27 , 1989 EVIL DAputyLOR, Clerk 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: 3t BY:-BY: 1 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admini ator (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. MAR 21 1989 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: MAR 2 3 1989 BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: LAFAYETTE ADJUSTERS P.O. Box 351 Lafayette, CA 94549 Re: Claim of LAFAYETTER ADJUSTERS Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. X 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 3. The claim fails to state the circumstances of the occurrence or transaction which gave rise to the claim asserted. X 4 . The claim fails to state the* name(s) of the public employee(s) causing the injury, damage, or loss, if known. X 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf. 7 . Other: VICTOR J. WESTMAN, County Counsel By: 1 Depu y ou tyns CERTIFICATE OF SERVICE BY MAIL C.C.P. 99 1012, 1013a, 2015 .5; Evid. C. SS 641 , 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: `?j�� - 8 , at Martinez, Ca ifornia. ' ,, cc: Clerk of the Board of Supervisors (origin -) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920.4, 910.8) , i cC a a ette Jd1uJterJ P.O. BOX 351 LAFAYETTE, CA 94549 415 283-4770 FAX # 415 2834773 February C .IN'JE City of Pittsburg FEBF 2 21989 c/o City Manager u 2020 Railroad Ave. ,-! C HC!R Pittsburg, Ca. 94565 CL � LIC^. `` p e of County of Contra Costa 651 Pine Street Martinez , Ca. 94553 Attention: County Board of Supervisors Re: Claim No. 443 089 Policy No. 04090781 Insured Carroll D/Loss 12/14/88 Our File F88653 Gentlepersons , This letter concerns damage to the insured' s fence caused by the negligence of the City/Cou=nty. At this time I am not certain who maintains this area, so am notifying both City and County. On 12/14/88 , trees damaged the property of the insured, Mr. and Mrs. Nelson Carroll at 34 Marlin Dr. , Pittsburg, Ca. 94565. This backyard fence abutts the property owned and maintained by City/County known as Willow Pass Road. Trees along that road which are maintained by the City/County appeared to have been negligently maintained thereby causing the damage to the fence, which is actually an eight-foot high concrete block wall. The insured is making claim under the terms of his insurance policy . If there is found to be coverage, the insuror will then look to you for reimbursement . Please consider this an official presentation of claim on behalf of the insur.or for Mr. and Mrs . Carroll. Sincerely, Lafayette Adjusters PJC: sc Patrick J. Crowley cc: Nelson Carroll Farmers Home Ins . Group 0 v a 10 c 0 . as 4-3 c� 10 o V U1 Ln co -t P 4-3 0� a--3 G 41 0 �4 U 4-3 V d{ �{ p t1i N � � N �•rISr.+ Irl 4-1 (1+ •r I 4.3 W " E W It � a sb 0 � d CLAIM 7 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 March 21 , 1989 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: $312 . 15 Section 913 and 915.4. Please note all "Warni g " t;uUnN counsel CLAIMANT: SCOTT B. ANDERSON 533 Irving Avenue ,;HK,•U 11989 ATTORNEY: San Jose, CA 95128 Date received Mewnez, CA W53 ADDRESS: BY DELIVERY TO CLERK ON February 22 , 1989 BY MAIL POSTMARKED: February 21 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL gATCHELOR, Clerk DATED: February 27 , 1989 �b: Deputy L. Hall .I,. 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: Dated: �j ( G 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. Dated: MAR 2 1 1989 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: MAR 2 3 1989 BY: PHIL BATCHELOR by y 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, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 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 ) Reserve or- ler s f' ing amp ECE Against the County of Contra Costa ) or FIE B 221989 ) a AT H. p2 District) CLE P OA -;U ';tV ,ONT . C Fill in name ) 6 . .. .....1.. .. ... .. .. De u, The undersigned claimant hereby makes claVt nst the County of Contra Costa or the above-named District in the sum of $ • 15- and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) I�om�e. o c..c '�.ur () n S E- P--J- 4 , 1988 ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) Jails;cur? Give full use extra er if 3. How did the damage or injury oc ( pap required) Sk21= ( (�0 lel lb6Z d� (3a AT' a�ri ' L- 13 oAf Lo®St- ( fkn] t .N W A-r-S '--42.0-M 0T}ktZ a&4-S 44 i► U 5 Cape&A� 2LPrQ dc- vn l 56P< , 6" Qu4L S A,7j k c,JA3 CLES P(SMS%3 C t ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? rl-&k- (over) t 5. What are the names of county or district officers, servants o employees bausing the damage or injury? P e-�u ��{� t q � ----------------------------------------------------------------------�-_-____----__ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates far. auto damage. +tet i u,{1,, .5 . (3 L6- ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury o damage.) U3 5 CAf, -- QZPu r( 3 kJ_Q� J960 J,� �r ,po c,�( 3" 1I -(-7-.,r ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. FAD - C A d TI&IL il: ---------- 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 s e person on his behalf.11 Name and Address of Attorney (Claimant's Signature) Address Telephone No. Telephone No. f '` !�; G NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($109000, or by both such imprisonment and fine. s -BELL . ALTO BUD f � _T I RIA`S STRAIGHTENING . gsa E. $UtvNroAKs. BLDG. BODY SHOP. ESTIMATE SHEET ITAMPBELL, CA-95008 PHONE (#08) 78.900 , NAM ADDRESS �\ DATE MAKE OF CAR: YEAR ITYPE LICENSE NO. MILEAGE MOTOR NO. SERI L NO. INSURED BY ADJUSTER INSPECTOR HOME E L �j \ 4� B � � Symbol FRONT L.Hrs. Parts Symbol LEFT L.Hrs. Parts Symbol RIGHT L. Hrs. Parts Symbol MISC. L.Hrs.'. Parts Bumper Fender, Frt. Fender, Frt. Fender Shield Fender Shield Fender Midg. Fender Mldg. Bumper Gd. Head Lamp Head.Lamp Bumper Bkt. Head Lamp Dr. Head Lamp Dr. Frame Horns Sealed Beam Sealed Beam Cross Mmbrs. Park Lamp ; Park Light Ft.System Stabilizer Wheel Hub Cap Disc. y. Cowl-Dash Cowl-Dash Hub&Drum Windshield T Windshield T 0 Knuckle C K C Knuckle Supt. Door, Front Door,Front Lr.Cont.Arm Door Hinge Door Hinge 0 Up.Cont.Arm ✓ Door-Glass T Door Glass T Shock C• C Door Mldg. Door Mldg. -Spring Door Handle Door Handle Steering Wheel Center Post Center Post Horn Ring Rear Door Rear Door Door Glass T Door Glass T Gravel Shield C C Grille Door Midg. Door Mldg. r. Rocker Panel Rocker Panel ' Rocker Mldg. Rocker Mldg. Floor&W-Hsg. cp Floor&W-Hsg. This estimate is based on our inspection Quar. PanelQUar. Panel and does not cover additional parts or Hood Top Quar. Ext. Quar. Ext. labor which may be required after the work has been started. After the work Hood Hinge !`y Quar. Mldg. Quar.Mldg. has started,worn or.damaged parts which Hood Mldg. . Fender Fender are not evident on first inspection may be Ornament,Emb.. Tail Lamp Tail Lamp discovered. Naturally this estimate can- _ not cover such contingencies. Parts Lock Plate,Up: } prices subject to change_without notice. Lock Plate,Lr. REAR' Estimate expires 30 days after date. Horn Bumper SIGNATURE Baffle, Upper Inst.-Panel Baffle,Side Bumper G'rd. Ft.'Seat Baffle, LowerA A I Bumper Br'ket. Ft.Seat Adj. PARTS Rad.Sup. I r,,J Trim PAINT MATERIALS Rad.Core �,,� Top Rad.Hoses Gravel Shield Tire. /32 SUB TOTAL. Fan Blade Belt •Frame SALES TAX �S W/Pump&Pul'y. Gas Tank LABOR Motor Mts. Tail Pipe Battery 2G(. D✓J Trans.Linkage Lower Panel SUBLET Floor ` Outside Mirror TOWING Frame Trunk Lid Antenna Trunk Hinge " Paint Trunk Lock Wheel TOTALAMOU T `2 fzs� A=Align N—New ,OH Overhaul S—Straighten or Repair EX—Exchange RC—Rechrome THE FINAL BILLING F PART SUBJECT TO"INVOIC CES. ESTIMATE SUBMITTED BY DATE FORM ne-202 J .s All vea 06 WOO coCQ CID y .f v 4�t Y . �] 1N4" _ • r 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 March 21 , 1989 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: Section 913 and 915.4. Please note all c ay� pounsel Unspecified ngs CLAIMANT: PHYLLIS RIDDELL ARRA 11989 c/o Stuart M. Kopel, Esq. ATTORNEY: Law Offices of Arnold Laub Martinez, CA 94553 43 Panoramic Way Date received ADDRESS: Walnut Creek, CA 94595 BY DELIVERY TO CLERK ON February 23 , 1989 hand del . BY. MAIL POSTMARKED: no envelope ' 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim.. PpHHIL BATCHELOR, Clerk. DATED: February 27, 1989 BY: Deputy L. Hall �. 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: 3 /IBY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (k) This Claim is rejected in full. ( ) Other: I certify that.this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 2 1 1989 PHIL BATCHELOR, Clerk, By led 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: MAR 2 3 1989 BY: PHIL BATCHELOR by X4t6Ly Clerk CC: County Counsel County Administrator G CLAIM AGAINST: COUNTY OF CONTRA COSTA Rrft NAME AND POST OFFICE ADDRESS OF CLAIMANT: FEB .23 19891 H! ATC LOR PHYLLIS RIDDELL CLEA ao D P SORS 1840 Yolanda Circle By `A S A uty Clayton, CA 94517 POST OFFICE ADDRESS TO WHICH CLAIMANT DESIRES NOTICES TO BE SENT: Stuart M. Kopel, Esq. LAW OFFICES OF ARNOLD LAUB 43 Panoramic Way Walnut Creek, CA 94595 THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION WHICH GAVE RISE TO THE CLAIM ASSERTED: The accident occurred on August 27, 1988 in Contra Costa County. Ms. Riddell was injured in an automobile accident when the vehicle she was driving collided with another vehicle at the intersection of Concord Boulevard and Kirker Pass Road in Concord, California. This collision occurred as a result of dangerous conditions on public property, including, but not limited to, the absence of a signalled left hand turn lane and inadequate speed controls, limits or warnings. The public property on which the dangerous conditions existed was owned, maintained , managed, operated, supervised and/or created by said public entity named above. These dangerous conditions caused the other vehicle to collide with Ms. Riddell ' s vehicle resulting in her injuries. A GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS INCURRED SO FAR AS IT MAY BE KNOWN AT THE TIME OF PRESENTATION OF THE CLAIM: As a result of the accident, Ms. Riddell has incurred costs for medical treatment in the amount of approximately $25, 214 . 07 , with treatment continuing. Ms. Riddell has suffered lost wages in the amount of approximately $15, 000.00 to date and still accumulating. Ms. Riddell has suffered general damages in an unspecified amount. Ms. Riddell sustained fractured ribs, a punctured lung, a ruptured and removed spleen and neck and back injuries. THE NAME OR NAMES OF THE PUBLIC EMPLOYEES CAUSING THE INJURY, DAMAGE OR LOSS IF KNOWN: Unknown. AMOUNT CLAIMED IF UNDER $10,000.00, OR STATE WHETHER JURISDICTION LIES IN MUNICIPAL OR SUPERIOR COURT. Jurisdiction lies in the Superior Court of California. DATED: "Z 2 Signature: Stuart M. Kopel, sq. Attorney for Plaintiff(s) * Claim must be presented within six months of incident in accordance with Government Code Sections. CLAIM 'y' J 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 March 21, 1989 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 " kit)fsCounsel CLAIMANT: WM.:,. M ROGERS %WA 11989 c/o Lonetree Convalesent Hospital ATTORNEY: 4001 Lonetree Way Martinez, CA 94553 Antioch, CA 94509 Date received ADDRESS: BY DELIVERY TO CLERK ON February 23 , 1989 CC BY MAIL POSTMARKED: February 21 , 1989 Certified P 107 271 450 I.. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 27 , 1989 RYIL ELOR, Clerk gATCH: 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: / ( � B Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) C n y ministrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (Q 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: MAR 2 1 1989 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. MAR 2 3 19891` Dated: BY: PHIL BATCHELOR by uty Clerk CC: County Counsel County Administrator 'f: NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: WM. M. ROGERS c/o Lonetree Convalesent Hospital 4001 Lonetree Way Antioch, CA 94509 Re: Claim of WM. M. ROGERS Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1. The claim fails to state the name and post office address of the claimant. 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. X 3. The claim fails to state the circumstances of the occurrence or transaction which gave rise to the claim asserted. X 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. W : TMAN, County Counsel By: 1 Deputy Count oun CERTIFICATE OF SERVICE BY MAIL C.C.P. 59 1012, 1013a, 2015.5; Evid. C. 55 641 , 664) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a 'party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord., Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: S ' — , at Martinez, Ca ifornia. cc: Clerk of the Board of Supervisors (origin ) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.Ss , 910, 910. 2, 920 .4, 910. 8) i VICTOR J: WESTMAN CONTRA COSTA COUNTY COUNSEL TO r P.O. BOX 69, CO. ADMIN. BLDG.. J"�J MARTINEZ. CA 94553 DATE SUBJECT ItEc rl ,I i 89. CLC,q By O/yTR NFLC /so",-, / n usy i 'j 1 I 7 o c o� ti es` Mat) co('tkf� y couwsc` County Counsel OX 6q FEB 2 2 1989 46' 5 3 -- Martinez,Martinez, CA 94553 C �(a,��� o � M1Mt � c� ens �p CCOr Mrr P,S-��� w � 1��►se, bePrdU' seA � r� G`G� 0oe- - P-0, 00".00 Jot � ave t R ,, A A 15 c RECEIVED y ©(IAYS ��c., I1 it FEB 23 1989 PH T H LOR LE3YCLERORSNT 1 .. ....r.. .. Deputy WtM1M\ DJ 0-S C/p L owe- vee C o Nv A 1e setA m ` .400 l-o ry c-� ree, WAY Ciq ; � ��aa Q, J' IL Nit mccm Yi. C) "f r fl >1 © J o 4', C o Q, N �d 00 fs jo a t rr .� + CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA } .Claim Against the County, or District governed by) BOARD ACTION the Boar:+: of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 21 , 1989 and BoEird 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 "W rnings" Gounty'counsel CLAIMANT: ROBERT PENNOCK ETAL c/o John M. Walker, Esq. MAR,01 1989 ATTORNEY: 5850 Canoga Avenue Woodland Hills , CA 91367 Date received Martinez, CA 94553 ADDRESS: BY DELIVERY TO CLERK ON February 24, 1989 BY MAIL POSTMARKED: February 23 , 1989 ` I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Februar IL gATCHELOR, Clerk DATED: y 27 , 1989 gy. 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: 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 (Y) 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: MAR 2 1 1989 PHIL BATCHELOR, Clerk, By Z, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order an otice to Claimant, addressed to the claimant as shown above. Dated: MAR 2 3 1989 BY: PHIL BATCHELOR by y Clerk CC: County Counsel County Administrator LAW OFFICES OF JOHN M. WALKER ADDRESS: (818) 719-9181 OF COUNSEL: 5850 CANOGA AVENUE DUANE L. BAUSMAN 4TH FLOOR ENCINO, CA WOODLAND HILLS, CALIFORNIA 91367 JOSEPH M. TOSTI COSTA MESA, CA February 23 , 1989 CLERK OF THE BOARD OF SUPERVISORS County of Contra Costa 651 Pine Street First Floor - Room 106 Martinez , California 94553 Re : My Clients Robert Pennock and Melanie Pennock Government Agency County of Contra Costa Property Location 105 Ramona Road, Danville , Ca, 94526 Dear Sir or Madam: I represent the above-captioned persons for damages to their real property. On behalf of my clients , please find enclosed a governmental entity claim form. Please conform an enclosed copy of the claim indicating the date of its receipt by your office and return said copy to this office in the self-addressed stamped envelope provided for your convenience. Your courtesy and cooperation will be greatly appreciated. Sincerely urs , &N M: WALKER JMW/hm Enclosures (SPACE BELOW FOR FILING STAMP ONLY) 1 JOHN M. WALKER ATTORNEY AT LAW 5850 CANOGA AVENUE 2 FOURTH FLOOR WOODLAND HILLS, CALIFORNIA 91367 3 TELEPHONE (818) 719-9181 5 Attorney for Claimants RECEIVED 7 CLC K P I eq �? 8 B Y L. 9 10 ROBERT PENNOCK and MELANIE ) CLAIM FOR DAMAGES PENNOCK ) 11 ) Claimants, ) (Government Code section 12 ) 910) COUNTY OF CONTRA COSTA, ) 13 ) Public Entity. ) 14 ) 15 TO THE BOARD OF SUPERVISORS OF THE COUNTY OFICONTRA COSTA: 16 You are hereby notified that ROBERT PENNOCK and MELANIE i 17 PENNOCK, whose address is 105 Ramona Road, Danville , California 18 94526 , claims damages from the COUNTY OF CONTRA COSTA in an amount 19 within the jurisdiction of the Superior Court . 20 This claim is bases on real property damages sustained by 21 claimants as a result of acts and or omissions of the COUNTY OF 22 COSTA COUNTY first discovered on or about March 10 , 1988 , or 23 otherwise within one year of presenting this within claim, 24 concerning certain real property located at 105 Ramona Road, 25 Danville , State of California, under the following circumstances : 26 1. The above named Public Entity failed to install , repair 27 or maintain proper water drainage systems at or near the vicinity 28 of 105 Ramona Road. -1- 1 2 . The above named Public Entity has through its acts or 2 omissions diverted drainage water so as to cause damages to the 3 subject real property. 4 3 . The above named Public Entity has through its acts or 5 omissions permitted certain water drainage pipes to not be 6 installed nor connected to an existing water drainage system in 7 the. vicinity of the subject property. 8 4. The above named Public Entity further failed to properly 9 inspect , maintain, and or construct adequate water drainage 10 systems at or near the aforementioned real property. 11 5 . The above named Public Entity failed to require others 12 to install , maintain and or construct adequate water drainage 13 systems at or near the aforementioned real property. 14 6 . That as a result of these acts and or omissions of the 15 above named Public Entity, Claimants ' have suffered continuing 16 erosion of the subject real property in general as well as to the 17 residence and garage and said acts and or omissions have caused, 18 created, and otherwise allowed to exist a condition which has 19 encouraged and directed drainage water to be produced and to 20 trespass on, over, under and through the subject real property and 21 thereby proximately causing the results and damages as indicated 22 in this claim. . 23 7 . As a further result of the acts and or omissions of the 24 above named Public Entity, Claimants ' real property has been, to a 25 greater or lesser degree, inversely and constructively condemned. 26 The name of the public employee or employees causing 27 claimants ' damages under the described circumstances are unknown 28 to Claimants . -2- 1 The damages sustained by claimants , as far as known as of the 2 date of presentation of this claim consist of , among others , those 3 listed in paragraphs 6 and 7 above, together with cracks along the 4 walks , structures , windows , floors and foundation of the residence 5 and garage at the subject property and further causing the doors 6 to stick and the floors to sag as well as the driveway to crack 7 and slide. 8 All notices or other communications with regard to this claim 9 should be sent to the claimant as follows : 10 JOHN M. WALKER, Esq. (on behalf of) 11 ROBERT and MELANIE PENNOCK 5850 Canoga Avenue 12 4th Floor Woodland Hills , California 91367 13 DATED : February 23 , 1989 . 14 LAW OFFICES OF JOHN M. WALKE 15 By 16 f M. WA ER, attorney 17 or Claimants 18 19 20 21 22 23 24 25 26 27 28 -3- w QIlk N rQ u. N. � AQ opa� mm O NO O JIM vi Q �@p�' U es"' ~t+ ®jit, m t ~ N LL� £ $ Ile mWA Z t VN "'ca $ Z 6 3 MA dig a d r j 3A Qul NU461 IUlt 03 sr F�_. .i o - Z {^'^\�',Zip o $-' "Zn a All �uG ='�. � l�j. • a `Y ..i 0 O r ! Z' W e� 4.t o •��.�� .,�� 1H W e'31 !O v O r_" W Sill ' 4 4 Q N t a 06 O Y y G Q rb pit m Q a d at Wit ma -y V3 ' e q ...�'✓ V ! '� Y. �-'}f _ „ , iva to ca Q V ,,,r•---.' J F Q m u- ��; ► �'° d� SOO 0' y . a, ' � o X � ti W M z P- o V O Q Co J 3 r,4 Lj O m O ca o �+ � < O n u O O a � N - - _..Z �_ - _ -W--O ,4 ._. W _ - 0 k x t> 4-3 S4 U m O r4 44 N 11 z ao� � co 0 u "D ; oo . Y* CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and as GOVERNING BOARD OF THE:".CONTR4 COSTA COUNTY FLOOD CONTROL AND WATER CONM�FFRYpA,q T7�;T%npi DISTRICT. .Claim Against the County; or District governed by) BOARD-ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March- 21, 1989, 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: ROBERT PENNOCK ETAL Gtwnty Counsel c/o John M. Walker, Esq. X989 ATTORNEY: 5850 Canoga Avenue 4th. Floor ' Woodland.,Hills , CA 91367 Date receivedM .. t,1eZ, CA 563 ADDRESS: BY DELIVERY TO CLERK ON February 28 , l"M BY MAIL POSTMARKED: not le�,ibl.e I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL gATCHELOR, Clerk DATED: March. 6, 1989_ : 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: a Dated: 3 1-7 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. t q p Dated: ��A R 2 1 1909 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: MAR 2 3 1989 BY: PHIL BATCHELOR by , y Clerk CC: County Counsel County Administrator (� VICTOR J. WESTMAN CONTRA COSTA COUNTY COUNSEL TO - P.O. BOX 69, CO. ADMIN. BLDG... MARTINEZ, CA 94553 DATE SUBJECT14 v 0 ,I I i •I J !1' c .[i c) VI' IS I i S ' IV- • BOARD OF SUPF RV ORS CONTRA COSTA COUNTY ROBERTI.SCHRODER SUPERVISOR,THIRD DISTRICT County Counsel FEB 2 '11989 February 24, 1989 Martinez, CA 9455.3 Mr. Victor J. Westman, County Counsel Contra Costa County Office of County Counsel 651 Pine Street-9th F11 , Martinez, CA 94553 ��� ���� � Dear Vic: 411 a Enclosed is a Jla xn For Damages from RR ert Penn�oc�k and Melanie Pennock. Our D nv'ille office 'r-eceivhischaimlon Friday, February 2 4, 19 8 9y-�atf 10: 3 0 a,:m � v Mor llas signed the receipt. - "� Supervisor SChro�der-will ap-pre to your off cent°along care of this matter. el --- � 71 Sincerely, � p {� en t �^R7 . r7 �4 Vi ginia L. Ramey Administrative Assi�s ant== P a District III o" 01 VLR:sac Encl. � 510 LA GONDA WAY • DANVILLE,CALIFORNIA 94526 • TELEPHONE(415)820-8683 LAW OFFICES OF JOHN M. WALKER ADDRESS: (818) 719-9181 OF COUNSEL: 5850 CANOGA AVENUE DUANE L. BAUSMAN 4TH FLOOR ENCINO, CA WOODLAND HILLS, CALIFORNIA 91367 - JOSEPH M. TOSTI COSTA MESA, CA February 23 , 1989 CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Attention: Robert I. Schroder Supervisor District 3 510 Lagonda Way Danville, California 94526 Re : My Clients Robert Pennock and Melanie Pennock Property Location 105 Ramona Road, Danville, Ca. 94526 Dear Mr. Schroder: I represent the above-captioned persons for damages to their real property. On behalf of my clients , please find enclosed a governmental entity claim form. Please conform an enclosed copy of the claim indicating the date of its receipt by your office and return said copy to this office in the self-addressed stamped envelope provided for your convenience. Your courtesy and cooperation will be greatly appreciated. Sincerely yours , --------------- J HN M. WALKER JMW/hm Enclosures 2 1989 SUPERVISOR SC HRCV?"R (SPACE BELOW FOR FILING STAMP ONLY) 1 JOHN M. WALKER ATTORNEY AT LAW 5850 CANOGA AVENUE 2 FOURTH FLOOR WOODLAND HILLS, CALIFORNIA 91387 3 TELEPHONE (818) 719.9181 4 FIVEDw%El" 5 Attorney for Claimants pF p T l.o ORS 7 CLE R T D u1y 8 By 9 10 ROBERT PENNOCK and. MELANIE ) CLAIM FOR DAMAGES PENNOCK ) 11 ) Claimants , ) (Government Code section 12 ) 910) CONTRA COSTA COUNTY FLOOD ) 13 CONTROL AND WATER CONSERVATION ) DISTRICT, ) 14 ) Public Entity. ) 15 _ ) 16 TO THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION 17 DISTRICT : 18 You are hereby notified that ROBERT PENNOCK and MELANIE 19 PENNOCK, whose address is 105 Ramona Road, Danville , California 20 94526 , claims damages from the . CONTRA COSTA COUNTY FLOOD CONTROL 21 AND WATER CONSERVATION DISTRICT in an amount within the 22 jurisdiction of the Superior Court . 23 This claim is bases on real property damages sustained by 24 claimants as a result of" acts and or omissions of the CONTRA COSTA 25 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT first 26 discovered on or about March 10 , 1988 , or otherwise within one 27 year of presenting this within claim, concerning certain real 28 property located at 105 Ramona Road, Danville , State of -1- 1 California, under the following circumstances : 2 1. The above named Public Entity failed to install , repair 3 or maintain proper water drainage systems at or near the vicinity 4 of 105 Ramona Road. 5: 2 . The above named Public Entity has through its acts or 6 omissions diverted drainage water so as to cause damages to the 7 subject real property. 8 3 . The above named Public Entity has through its acts or 9 omissions permitted certain water drainage pipes to not be 10 installed nor connected to an existing water drainage system in 11 the vicinity of the subject property. 12 4. The above named Public Entity further failed to properly 13 inspect , maintain, and or construct adequate water drainage 14 systems at or near the aforementioned real property. 15 5 . The above named Public Entity failed to require others 16 to _install , maintain and or construct adequate water drainage 17 systems at or near the aforementioned real property. 18 6 . That as a result of these acts and or omissions of the 19 above named Public Entity, Claimants ' have suffered continuing 20 erosion of the subject real property in general as well as to the 21 residence and garage and said acts and or omissions have caused, 22 created, and otherwise allowed to exist a condition which has 23 encouraged and directed drainage water to be produced and to 24 trespass on, over, under and through the subject real property and 25 thereby proximately causing the results and damages as indicated 26 in this claim. . 27 7 . As a further result of the acts and or omissions of the 28 above named Public Entity, Claimants ' real property has been, to a -2- 1 greater or lesser degree , inversely and constructively condemned. 2 The name of the public employee or employees causing 3 claimants ' damages under the described circumstances are unknown 4 to Claimants . 5 The damages sustained by claimants , as far as known as of the 6 date of presentation of this claim consist of , among others , those 7 listed in paragraphs 6 and 7 above, together with cracks along the 8 walks , structures , windows , floors and foundation of the residence 9 and garage at the subject property and further causing the doors 10 to stick and the floors to sag as well as the driveway to crack 11 and slide. 12 All notices or other communications with regard to this claim 13 should be sent to the claimant as follows : 14 JOHN M. WALKER, Esq. (on behalf of) 15 ROBERT and MELANIE PENNOCK 5850 Canoga Avenue 16 4th Floor Woodland Hills , California 91367 17 DATED: February 23 , 1989 . 18 LAW OFFICES OF JOHN M. W LKER 19 By: 20 J M. WA KER, attor e for Claimants 21 22 23 24 25 26 27 28 -3- _ rm ci rn FS2CD ,�a a E ru rfi O O O a¢ a Fu i O Im £m it v SL Y+ tiE. O m x n5�.� _ W op \ i F LL T—oi E RC1 c m 4� 41 t�iJJ]i €`y Oe m p� m5ca` cr I'D d ✓ 3 �� O 'o d v � �i g ro�aEiE �c E> y w ❑ O❑ 0 ¢ Xo �E�utQv a of xto en r U iy o 72 Vl r ax 4? r : � Z_` 13 41 O R W "i yy Im cic yam► - W n 4% CQN z�z' i = --i O a mWv I I- Z II s1 o o i R2 y i r K'M »e1 U?l°�It..• � §•.�.. �_: - sA,-x0 W'3 $1: -E-A;'"•,;' °'.x"2...r.^��- .� . :;;. _ ,-...3�. Q, ,+ • c Q Z¢ U U W O E 2 El �� oeto m d /c > 0O T o.-f o '. i y LL� U '.A w i N�F 1 i 4 `^ ' wry A t q r` Ul U sO v 0) o ON ,. •vim � �v � � o cv ON O O 0 O N IL) rA `d iy 8 t1�j sa.n'b'��'iCL,1'r,1 t� ©�y � 1S1'�„1 �, 4➢ 4,a, /�til 6 kv to 61 i N`• i o \meq