Loading...
HomeMy WebLinkAboutMINUTES - 04111989 - 1.13 CLAIM ROAR�i 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 Ap r i 1 11, 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 "Warnings". CLAIMANT: TIRES TO GO, INC . County Counsel c/o Linda J.:. Seifert, Esq. ATTORNEY: McNamara, Houston, Dodge, McClure & Ney, '4AR AJ 5 1989 1211 Newell Avenue 2nd Floor Date received ADDRESS: P. O. BOX 5288 BY DELIVERY TO CLERK ON March. 9., 19.8artlnez, CA £45,53 Walnut Creek, CA 94596 , BY MAIL POSTMARKED: March 8, 19.89 . Certified P 772 330 467 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 15 1989 PpHHIL BATCHELOR, Clerk BY: Deputy Hall Il. FROM: County Counsel TO: Clerk of the Board of Supervisors �v ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910..2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: Z15 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 XThis 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: APR 111989 1 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: APR 18 1989 BY: PHIL BATCHELOR by Deputy Clerk__, CC: County Counsel County Administrator RECEIVED MAR 91989 MCNAMARA, . HOUSTON, DODGE, McCLURE & NEY 1211 Newell Avenue, Ste. 202 W-10 ea EIOR _ P. O. Box 5288 La C Walnut Creek, CA 94596 Attorneys for Claimant CLAIM AGAINST THE COUNTY OF CONTRA COSTA PURSUANT TO GOVERNMENT CODE SECTION 910 , et seq. 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 plaintifs and defendant Tires To Go, dba Universal Tire Service' s exposure is unknown, but is believed to substantially exceed $10, 000 . 00 (Ten Thousand Dollars ) . Jurisdiction over the claim rests in Superior Court. Defendant Tires to Go looks to the County of Contra Costa for partial or total indemnification. DATED: This 7th day of March, 1989 . Respectfully submitted, McNAMARA, HOUSTON, DODGE, McCLURE & N Y Linda J. Seifq ; Attorney for laima , ' This will acknowledge receipt of the above claim on the day of March, 1988. BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA By: Title: Claim Mail e By Certified Mail on March 1988 -3- 1 '�11UANE'Y-OR PARTY WITHOUT ATTOhNE ANO,40ORESS): TEIt. .JNE: fOR COURT USE ONLY.' rt.ILIP R. W&LTIN (415') 433-4500 WELTIN, VAN DAM & FLORES 444 Market St. , Suite 930 jj San Francisco, CA 94111 j ATTORNEY FOR(NAME): Insert name or court,judicial district or branch Court,If any,and post office and street address: ) Superior Court of California 'i Contra Costa County i P.O. Box 911 O1 ! Martinez, CA j OCT 2 8 1986 4 PLAINTIFF: . 1 R.UISSON Cauri�Clerk UN cc TA CO NTv THOMAS LUPHER, ANGELA ALLBERG LUPHER, �. < ttvzrtutut.urp,,,, 1 ' DEFENDANT: COUNTY OF CONTRA COSTA; CONTRA COSTA SHERIFF'S DEPT. ; G. CAMPBELL; t W. R. CUNNINGHAM; TERRY SELLERS; CHARLENE MYERS Dogs i TO 50 CASE Nt;µ6ER: COMPLAINT—Personal injury, Property Damage, Wrongful Death ®MOTOR VEHICLE (MOTHER(speclly): Negligence, Premises QProperty Damage Q Wrongful Death Liability QPersanal Injury Q Other Damages(specify): + t;t0.' u :L 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 NOT;CE: Q Except plaintiff(name): Tl-. QD TO DEPT,a corporation qualified to da business in CaliforniaCalitornta �, •,ry J `,, ., r Q an unincorporated entity(describe): L` `k`�'ti'ENT CODE 68600 M public entity(descnbe): (LOCriI ROLE 5) Q a minor Q an adult (:] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed Q other(specify): Q other(specify): CD Except plaintiff(name): Q a corporation qualified to do business in California (Z)an unincorporated entity(describe): C3 public entity(describe): Qa minor Q an adult Q for whom a guardian or conservator of the estate or a guardian ad diem 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) fete"Approvtd by the Judeeucaor . Effective 1tmery 1,f982 COMPLAINT—Personal Injury, Property Damage, , Auto 902.1(1) Wrongful Death ^^- . r SNORT TITLE: CASE NUMBER: LUPH£R v CONTRA COSTA COUNTY COMPLAINT—Personal Injury, Property Damage, Wrongful Death Psp•Iwo 3. a. Each defendant named above is a natural person Co Except defendant(name): Q Except defendant(name): Contra Costa County Q a business organization, form unknown Q a business organization,form unknown [3 a corporation Q a corporation CD an unincorporated entity(describe): [�an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): county Q other(specify): Q other(specify): [� Except defendant(named Q Except defendant(name): Contra Costa County Sheriff's Dept. [] a business organization,form unknown Qa business organization,form unknown (� a corporation Q a corporation Q an unincorporated entity(describe): Q an unincorporated entity(describe): a public entity(descrto) CJ a public entity(describe): Agency of Contra Costa Q other(specify): County Q other(specify] b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. 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. E3 plaintiff Is excused from complying because(specify): ; t S. This court Is the proper court because Q at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is it Its jurisdictional area. ® 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): SH6AT'TITLE: � CASE NVMBEA: LUPHER v. CONTRA COSTA COUNTY COMPLAINT--Personal Injury, Property Damage, Wrongful Death(Continued) Page 7. Cj "he damages claimed for wrongful death and the relationships of plaintiff to the deceased are listed in Complaint—Attachment 7 C3 as follows: 8. Plain'-fl4ftir ftotSjs have suf fered ©.rage loss ®loss of use of property Hospital and medical expenses ®general damage property damage ®loss of earning capacity c:her damage(specily).' Loss of consortium. for Angela Lupher, wife of Thomas Lupher, from Thomas Lupher's disability. 9. Relief sought in this Complaint is within the jurisdiction of this court. 10. PLAYNTIFF*f X is pray: For jjWgment for costs of suit.for such relief as is fair.just. and equitable;and for Q compensatory damages CM(Superior Court)according to proof. (=(Municipal and Justice Court)in the amount of S Q 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.) CN Motor Vehicle ®General Negligence C)trdentionat Tort 0 Products Liability ®!Premises Liability Q cher(specify): PHILIP R. WELTSN . (Type a print a:fnef . . (Signature or,tanto or anoineyl COMPLAINT--Personal Injury, Property Damage, 'age three Aute 982.t(l)(corer d) Wrongful Death(Continued) CCP 423.12 .Sf+ORT `,TLE: CASE rauµeER LUPHER v. CONTRA COSTA COUNTY FIRST CAUSE OF ACTION--Motor Vehicle Pago 4 tnwnbsry . ArTaCHMENT TO ®Com;!ainl [QCross-Complaint (L;sf a separate cause of action form for each cause of action.) Pla.*�:iff(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 M.-2 DEFENDANTS a. M The defendants who operated a motor vehicle are(names): TERRY LEE SELLERS ®Does _--L—. to 5� b. rM The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names): CiD Does 1 to 10 c. [$j 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 Pre(names): Q Does 1 to 20 e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names). ®Does___1to 20 If. M The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are r7 listed in Attachment MV-2f [ as follows: Q Does to Fora+ AZWOVsd by tho _ 112.5 Judcal Council of Cakfornma �i 111112 CAUSE OF ACTION_u..i.•..._..,_._ SHO,iT TITLE: CASE NUMBEW LUPHER V. CONTRA COSTA COUNTY SECOND CAUSE OF ACTION-Premises Liability Page 5 (number) ATTACHMENT TO ®Complaint Q Cross-Complaint (Use'g —paste cause of action form for each cause of action.) Prerr.L-'. Plaintiff(name): THOMAS LUPHER and ANGELA ALL$ERG LUPHER alleges the acts of defendants were the legal(proximate)cause of damages to plaintiff. On(dab): 2/4/88 plaintiff gW injured on the following premises in the following were fashion(description of premises and circumstances of injury): on Port Chicago Hwy. , a ccsnty 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 construction of the roadway. Prom-L-2. Count One—Negligence The defendants who negligently owned, maintained. managed and operated the described-premises were(names): Contra Costa County. ®Does 21 to 30 Prem.L-3. Q 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): Q Does to Plaintiff, a recreational user,was Man invited guest Ma paying guest. Prem.L-4. ® Count Three Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were(names): Contra Costa County ®Does _ 1 to 30 a. ® The defendant public entity had ®actupr®oonstructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. ®The condition was created by employees of the defendant public anuty. 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): [M Does 21 to 40 b. Q The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are Q described in attachment Prem.L-S.b =as follows(names): Farm 4-prow"by the JutSK+ri C:%Mu of Cakfo►nie E qr 982.110)� st CAUSE OF ACTIAN�a..._.___ • • - - cHcrfTlTCE � 4 CASE NUMBER hUP,.�- V. CONTRA COSTA" COUNTY THIRD CAUSE OF ACTION—General Negligence Page 6 tnwnWrl .ATTACHMENT TO ®Complaint [QCross-Complaint r-se a separate cause of action form for each cause of action.) GN-t. Plaintiff(name): THOMAS LUPHER, ANGELA ALLBERG LUPHER 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. By 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 iiabaity): 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. Fera Approva0 by rhe dudew Council of California t p»January60) 1982 CAUSE OF ACTION—General Ne9119em* CCP 42s.12 l j•..i a P 773 3[l 4 67 ECEIV � a MAR 1989 PN.I 0 Eto?3'11 15 0 its Ci ER CO TRAOGOS SU ACo. pe 8 • i �•,L�tG�.�"L�•..,._..'-rr-'�—tr-c��.�r^3-��?��St�+'^`�"���ttS ��t"'_r'ir'"�' . 4i i y�•�( FROM L� MCNAMARA, HOUSTON, DODGE, MCCLURI & ATTORNEYS AT LAW 1211 NEWELL AVENUE,SUITE 202 .l TLL" P.O.BOX 5268 WALNUT CREEK,CALIFORNIA 94596 C It TO County of Contra Costa Board of Supervisors 651 Pine Street Martinez, CA 94553 j - CLAIM A. BOARD OF SOPERVISURS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AP r i 1 11 , 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 6 6 0 0 0 0. 0 0 (Paragraph IV below), given pursuant to Government Code Amount: , Section 913 and 915.4. Please note all "Warnings". CLAIMANT: JOHN E. HOSMAN C; ik-An y C ouns¢1 c/o Van Blois & Knowles ATTORNEY: 1 Kaiser Plaza #2245 .4.,i.,ti 5 1989 Oakland, CA 94612 Date received ADDRESS: BY DELIVERY TO CLERK ON March 9 , 198gAarCinez, CA 94553 BY MAIL POSTMARKED: March 7 , 1989 Certified P 769 306 143 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk DATED: March 15 , 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: Dated: 3 is BY: Deputy County Counsel 11 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. OR 111989 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. APR 181gn Dated: BY: PHIL BATCHELOR by De Clerk CC: County Counsel County Administrator I 1 VAN BLOIS & KNOWLES One Kaiser Plaza, Suite 2245 FRECEIVED 2 Oakland, CA 94612 (415) 444-1906 3 MAR 91989 Attorneys for Claimant G 4 OARD T� PER IS $f 8, ONTR 5 :. 6 7 In the matter of the claim of 8 JOHN E. HOSMAN, 9 V. C L A I M 10 COUNTY OF CONTRA COSTA 11 12 TO THE COUNTY OF CONTRA COSTA 13 You are hereby notified that claimant, JOHN E. HOSMAN, claims 14 damages from you in the aggregate amount, computed as of the date 15 of presentation of this claim, of $660, 000 and makes the following 16 statement in support of the claim: 17 1. The post office address of claimant is.. 18 MCSF Company Naval Weapons Station 19 Concord, CA 94520 20 2. Notices concerning the claim should be sent to: 21 VAN BLOIS & KNOWLES One Kaiser Plaza, Suite 2245 22 Oakland, CA 94612 23 24 3 . The occurrence giving rise to this claim occurred on or 25 about September 10, 1988, at approximately. 6: 10 p.m. , at the 26 intersection of Willow Pass Road and Galindo Avenue, which are 1 1 intersecting public streets and highways in the City of Concord, 2 County of Contra Costa, State of California. 3 4. . The circumstances giving rise to this claim are as 4 follows: 5 On or about the aforementioned date, and for sometime prior 6 thereto, the above-named public entity, by and through its agents, 7 servants, and employees, negligently and carelessly owned, 8 operated, maintained, constructed, designed, repaired, and equipped 9 the aforementioned roadway and intersection in that, among other 10 things, said public entity, by and through its agents, servants and 11 employees failed to provide adequate and sufficient traffic control 12 devices, including but not limited to failing to provide a left 13 turn arrow controlling the turns of westbound motorists on Willow 14 Pass Boulevard turning left to go southbound on Galindo Avenue, 15 failed to see to it that the traffic control devices actually 16 Provided did properly, effectively, and safely control traffic 17 along and upon Willow Pass Boulevard at or near its intersection 18 with Galindo Avenue, failed to properly configure said intersection 19 with respect to lanes and channelization, and in general failed to 20 provide adequate and sufficient controls, warnings, lane markings, 21 and channelization, etc. , to prevent collisions between vehicles 22 eastbound on Willow Pass Boulevard, and vehicles turning left from 23 the westbound lanes of Willow Pass Boulevard onto Galindo Avenue, 24 that by reason of the foregoing, said public property was in a 25 dangerous and defective condition, creating a substantial risk of 26 harm to persons using the roadway with due care in a manner in 2 1 which it was reasonably foreseeable that said roadway would be 2 used, that said public entity was further negligent and careless in 3 that, by and through its agents, servants, and employees, it knew, 4 or in the exercise of ordinary care, should have known, of the 5 dangerous condition of said public property, and of the risk of 6 injury created thereby, and yet nevertheless failed to remedy said 7 condition, although having a reasonable opportunity to do so. 8 As a direct and proximate result of the negligence and 9 careless of said public entity, and of the dangerous and defective 10 condition of public property, as aforesaid, at the time and place 11 set forth hereinabove, a 1977 Datsun automobile, bearing California 12 License No. 446TOK, being then and there operated by one Viola 13 Emeline Ross, westbound on Willow Pass Boulevard and thence in a 14 left turn movement southbound on Galindo Avenue, was caused to 15 collide with a 1987 Kawaski motorcycle, bearing Utah License No. 16 558BS, on which motorcycle claimant herein was a passenger, and 17 which said motorcycle was being then and there operated by one 18 James Kenneth Whipp in an easterly direction along and upon Willow 19 Pass Boulevard, thereby causing claimant herein to sustain severe 20 personal injuries. 21 5. The identities of the public employees causing or 22 contributing to the injuries sustained by claimant herein are 23 unknown at this time. 24 6. The claim of claimant, as of the date of this claim, is 25 the total sum of $660, 000. 26 7. The basis of computation of the above amount is as 3 1 follows: 2 Expenses incurred by and on behalf of claimant for the services of health care practitioners and facilities to 3 care for and treat claimant's injuries, both to date and in the future, in an amount presently unknown, but 4 estimated to be the approximate sum of: $60, 000 5 Damage to claimant's earnings and earning capacity, both to date and in the future, in 6 an amount presently unknown, but estimated to be the approximate sum of: $100, 000 7 General damages in the sum of $500, 000 8 Total $660, 000 9 Dated: March 7, 1989. 10 VAN BLOIS & KNOWLES 11 12 By_ THOMAS C. KNOWLES 13 Attorneys for Claimant 14 15 16 17 18 19 20 21 22 23 24 25 i 26 4 1 PROOF OF SERVICE BY MAIL 2 I am over the age of 18 and not a party to this action. I am employed in the county where the. mailing occurred. My business 3 address is One Kaiser Plaza, Suite 2245, Oakland, California, 94612 . 4 I served the fore oin CLAIM each g g on person named below by 5 enclosing a copy in an envelope addressed as shown below AND placing the envelope for collection and mailing on March 8, 1989, 6 at Oakland, California, following our ordinary business practices. I am readily familiar with this business' practice for collecting 7 and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is 8 deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 9 I declare under penalty of perjury under the laws of the State 10 of California that the foregoing is true and correct. 11 Dated: March 8, 1989. 12 /J/ 13 Ann L. Cobb 14 NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED 15 Board of Supervisors 16 Contra Costa County 651 Pine Street 17 Martinez, CA 94553 18 19 20 21 22 23 24 25 26 U 0� (U O N N vjr, 0 © i * O r tr�{ .Y a m 4 0 74 11 Q i 1 N 0 6 W J � Y Q CLAIM BOARD OF SUPERHISORS OF CONTRA COSTA COUNTY, CALIFORNIA - 4 Claim'Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT AD r i 1 11 , 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 COunty COUnMtion 913 and 915.4. Please note all "Warnings". CLAIMANT: ELEANOR BREGMAN YAR. 1 .1'1989 ATTORNEY: Martlne2, Cq 945q to received ADDRESS: 3670 Silver Oak Place BY DELIVERY TO CLERK ON 3/10189 Danville, CA 94526 3/9/89 i BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 14, 1989 gHYILATC : DeputyELOR, Clerk R,._ II. FROM: County Counsel TO: Clerk of the Board of Supervisors (x) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / Irl 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' Order entered in its minutes for this date. APR 11 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. APR 18 1989 Dated: BY: PHIL BATCHELOR by _-Deputy 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 craps 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 ) ReserveC�Cl rk' lin tamp RECEIVE® ; Against the County of Contra Costa ) or ) f��'!:R 10 1989 ' District) PHIL BATCHELOR (Fill lri name ) CLERK COBOARD T D OF STA R ISORS - 9y eputy. The undersigned claimant hereby makes claim against t_-ieCount&Af Co tra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) 1�2 1)ti��,4-/ .��e - 5-- -y /g5T ------------------ --------------------------=-------------------------------------- 2. Where did the damage or injury occur? (Include city and county) 3. How did the darnkge or injury occur? (Give full details; use extra paper if required) k>1 G N r i�ee, & 7_'r� ra ---�^f-,per-��-,`�--------=�---------------------------- -i�-----�6� 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? ho /vz:>r^ � ,a (over) 5. What are the names of county or district officers; servants or employees causing the damage or injury? i -----v ����ra`_ --------------------------------------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed.. Attach two estimates for auto damage. � - Lo; n:e �- Q ,fit, - - 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) D U!1I I � ��• - .'LGA �rti2� ------------------- ------------- -------- --- ------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. - --r ----------------- 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 W %ome person on his behalf." Name and Address of,Attorney ..:;.. Clai is nature / Addr ss Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill,. account, voucher, or writing, is punishable either. by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. See Back of This`Ply:for 0 33 8 73 Additional Customer Rights c"homer -)9 ,AI14 / C�flS$®nner's Y$fl hts Address 1�3i��}�I�e 0/1 1.4 You are entat a yaw,tote return-.of.all pa� rts replaced,ex- 'cicy' AAt Vr A,1- i' State cept those which,are too-heavy Date' �' .. :. or large and those required to Zip �� of Sale '� � �' . . :-. '�,:. `_=.- ❑ Homo be sent Lack to the manufactur- Phone . :..,:..... .: i.'::. . . .. er or distributor because of-.Contact ❑Bus: warranty work or c eXchan a Time in [` f— Time Promised':: :'� - - /� 2 - -' agreement:-You--are entitled to. "" .- ._.. .. . , Tin r 1, ins ect the parts which cannot. °ut Ci _c s:;r _ , _ _- Pp Year Car Make/hlodcl • ".y o ' Ne returnedo,you. 19ri1�s �i Ti�i Pcl r _ Customer.wants old parts.. Color i State License _ - :: ❑ Yes 13L No . _ Customer wants to inspect old CI 961,a. - � F',i parts. ❑ Yes L7 No Odometer Errrpl.LD:> Auto Ser ice Labor Original Estimate Revised Estimate ?` ❑.'.Customer.accepts a free courtesy inspection..-. Sublot, A.ci! Auth.td I _;i-_ _ ''C .. Sublet• , .. .. .. Fst. Totalt / ❑ Customer chooses not to accept at tTotal t his time. - AddT ❑Servrce Code Work Amount - Roatrested Dorre by of Salc r -'_ r^ ;+^• ;•.� Fro0. nt *. - - 99 550.2 Revised)Estimate For: - {; ❑Alignment i ...Ili�6 {. i-i;. ... l "L ❑5 yr... 99.551''5 * `•!r --. . ..r1 _ Alignment eel... _.*_ _.... ;41Ali9nnrent 99 467 1 "'; ._`FipSn>tvcci tag' _ ❑5 Yr 4 whezl 99 560 1 :F�.'-r."•� =' . : .. Ali9'nment :.'ar' •.i. rri` i. .. .. - Front End e 99.555 7 Parts .. _.. ,...�G. . . Person Date 'I5m ❑ Balancing ::..... . :°x.99 553 1 _ ._._ i �''-.•❑At Home By Phone.. . Phone _ ...... . . ** 99 471 2 , ❑At Work _ NOCO 99 466 8 Verifiedby -- - --------- - ==- - - - --- ----.----•. Road Hazard 99 780 1 + �: ''i.;i• �! •;� _ ;'_t i ❑Brake Service 99 552 8 Previous W.O. OHydraulic Fits r, Drum TurnC . CJ" O .. ...::..._::.._:•. ::.: Authorization Bear J':N.'cyl :;f•:i ". .. .: ... .. y • Shucsi P:,i!:::'Fr.w7!. - ' _O I ldraulic KitIJ c:aux.r O. I authorize the work to be hone as estimated. Mrntgomen/Ward and their employees niay O Nuw Diunis or Rotor-Fr. O Sllnc:/Pad:: l;car wh' OPc,r+lt,--erne!uxarnine this vehicle for purposes O New Drtttns or Rotor-Rear O S�•i:Aclju ,:r ;.r of nerfonning in-shop courtoy inspection, _ �i::gltocinu,te:ating.Or de!ivu;,;it,:Iny Own risk. OGrease Seals ❑0 LF 0 L11 RF RR O I)itc'Brak ,:'i::rci•.,:<:i r.. ;Ful e:-I:1 i':;�.Jar.�r;c':T11ap—:i-:i�:i 1:1�E!c'know1-.... .. ... ... .. . ❑Li L;Pack. e:.! �. _ _11C ?flit O r Cli':t Or:.tl'•:::'i:l 1(;.t:i sC;C!L:: 1 HIIlUllrlt..... ..`c'•:. .�...;..'.•:••••: ' Wheel Bcarinr�s H Rh•❑Rer,l:rt�• Brake Cc,r:ei:;::,i:•_!:�.. ;71 1'•),a ii;it ll•,7!i::";�C;:::;.; .. O .. :_�' � 1,'.e for'lOss`or i ----- . c!Olo[or.TurrriuB o T`- eBice il a _ ei in the'0u ..:. . �."'X''Jr':.v C7!hb•' •r'v�•. . ...?: `. i. .•.1 vt:iri:..,,jri e:�:;e I:Of fire,:the-;it"•iC�:i:t;rrf or any, .=y'' fi :�` -2, _—. .tri :.�,.r � ci1,e'r c:,tL-__1_..,•Orid yOct_r.or: �l. : arg.ncO 'i;c5a..O:CiOd iy is appli- .-,....._ - s: :;. •.._._ �.;..a,, 1ra5aB Tune—u)1:1 99 554 4 ct,.sterSrrvice - ;:y: my's1Lnat ura:,r the cuslower O Engine Analysis O!'1, ::,, - .. ,.':u.�: ,.. ,. : •u ;. ' .; sigrr:3ttrrc'}io:::at::iyttt.l ac•icl,oryletlye reading ;•f l :d undarstandirtg my customer rights and the Spark ug Srk Pls Timin .r.- •' a'::..I.-._. - „. �,,: O O g ofbrenrentiorrerl customer intoYniation:T:cis OFuel Filter O C;,16.1011 Purchase i^ aid or un the following terms: D :'Otrtg 11 Yard O Fi Lcover ORotorO E,n:::siu,r:;n,_l: tfo„ ❑Ca:;h P:lastercha_r, c-/Aare-can Express CtrstOr ter (t ODistributor Cap •� <-G•"Y•• ^/JLL%"--'� ` X, Approval No. Jobber Descri tion All Parc Are New Unless ❑Strock/.'; Unit Amount Struts . 995560 SKU Number Nutnher li "rt 1 tlrerwisn.trade Block Demotes: Qty• price of Salo Itenu,nuiacnuxl/Rebu,lt ❑Exhaust 99 557 3 :. ❑L.tr1 e,oil 99 558 6 `� ' r Y '�!/•��1' �� lL /L�� ❑Cruise 994684 — ~ Control ❑ Stereo 994697. ❑State Inspection . 99 470 9 l ❑Ocher 99 559 9 i 1 i 1 , r 1 1 /3�/�Z-/� A111( _ —,- ZI gee Back,of::This'T y.':•for g Customer Additional Custoiner•Ri Its N_alue Customer's Riq rhts fou are entit e y law.to t e. Address_�`� gid, ex= ti rr. . . returra:-of-all�, parts replac Gi ��r�':� ` ' State C fan .ept those w ch are too heavy Y. Date or large and those required to Zip of sale �^,� + „ ,fie sent LZ t0 the manllfaC$ur- Phone ❑Home ���—jrJ'� � i z `• � ,-.r or distributor because of Contact _. o Bus. . 7« t-*1 7. ti {:` C 77-i A-1'� _u warranty work or c exchan a Time In: Elupl.LD. ,. �igreement. You,are-entitled lo„ .6ut:' ��!;�rpeWea arts which cannot.., .Year. Car Mak@/Model �` .�1M1- _ rs.:-,r^-r. Customer-wants,old parts-. , •.-.... .. .... Color License E] Yes "❑ Na . _ ._.. . .,.... !� y� r�• _ ; Al Customer wants to inspect old Odometer parts. 0 Yes 0 No E�-ato�"Service Labor' Original l�stinrate. Revised is inu3se------------------- ---- —�— — —•-- Ad - ❑:Customer aCcepts.a free.courtesy inspection:. i._, F Auth.Sublet "• •4 • 0 Cu . il. •i, - '.�{ stomet;chooses not;to accept at this time. .Total Pse. Total Add'1: ...i ! 'T. El Service Code' Work.... . . . Amount - eagested �7one by of Sale ---l-- - `, ri•; - Y. '` h r :i:'` -,c 'r Front . ,. r•_ 1 f=a...`t .? .-- ='r" �•-,_; =;% 99 554 2 Reyisecl Estimate For: - 1 ':f DAlignment � -:r,r:tTt^ ' c:r : M12i.F�'u�j:a..l;: C,{f•�. ... �5yr' 99551 5 Alignment `:-i_: y�i;�+ ❑Alwignment 99 467 1 * Approved by <. ❑5 y,4 wheel I, nmant 99 560 1 * ' In Person Date _ Time Al "\ ❑At Home Front End. ,... By Phone Phone# P. 99 555 7 t 0 At Work Verified by Balancing 99 553 _ �.. I3rew.ous W.O. - ........ . ._ 99 4712 C , a . NOLO_ 99.466'' Road to - Hazard 99 780 1 % BrakeOJ * -•- Service- . . 99 552 8 . i n - -------- O Hydraulic Kits .Ft. _ .O Drum Turniinq _ti .-(•i'- _jp.± '.. .. �'it`,=C.' {r��'~`�i—-I;• �',I•i hi^ — F:a. >!��i1�4?Zr�is atZa2 j.._,;: ':' '. _ 1 if._:'$. ? _.;.1:,.: ,»- - - Rear ;�4V/ 1 — O Hydraulic Kits O Shoes/Pads- Gr.VJIn.+ ;:�.1, lthGrize di" work to,l>e done as estimated. - „`` ....,. ... _ Fa. ❑Canner - ..•.. • to,be Ward and their employees may 0New,Drums or Rotor-Fr: _..:.:'. .Shoes/Pads-3 Rear Wh. ; Q operate and exarnlne this vehicle for ptlrposes of lierformirzg in shop coal t�sy inspection, ONewDruiris of Rotor-Rear 0 Self Adjuster Kit '- 't- - -`• _ :.F:.... ... .... -. diagnosing,testing,or delivery at my own risk.0 LF O�O CreasesualsO Disc Brake Hardware eclg te oqn)i telxSs,vgealruabgleentloansr's tlriueen tis eaackmnooynllt- n RI-0 RR ,,; O Wheel Bearings❑LF l0 Paek !-1 RF'Cr Rrplace 0 Brake Combt"Spriri6s^•q 'of reparrs`I'tvill�noftold you llabletor'losS OI' '., "• ' C Arlrl :damage.to.thevehide;orarticle>left.in the O Rotor Turning, :O Brake • .. .Flmd.,,Cl'Bleed': vehicle�in cases°bf fire;'.theft`,accideiit or any -' . ..' . '''' �'.� _ ..A storage chaige of$5.00 per'day is appli- ❑Tune-up 19955441 Y,. . cable 3 days aftez notification. Service .i s.,. y-siynirtglaftirtirrg.uiy'signacureiiri the customer . - O,I3ugme fu11 q0s ..• �j Plug Wire(.';),,:.,.: sigr'ulttire,boz.at righ I acknowleage reading .. 0/-� , � and understanding my custbmez rights,and tho,. Spaik Plupa .._ .... TiminJ.. . V aforementioned customer information:This purchase is paid for on tho following terms: O Fuel Filtur O Catb/ld!u. ..... Y 0 Montgomery Ward ❑Discover O Rotor O Emissions Inspection ❑C'ash�fl Visa/h7zztiterclratge/Arne jean Express AIsto ler gIlaturt O Di::tubutor Cap f' , ;} s M� X Approvll No- Jobber C Description All Parts Are New Unless oShock/_ SKU Number d stat d tlyuwisa Code Block Denotes: Q� unit Amount. 99 556 0 r Number It Y• Price of Sale Struts 1v:m:uwL aurnd/140) It Exhaust 99 557 3 i ��+CiUT'ti,} Lube,-Oil 99 5586 i , "?; l Cruise 994684 r s �•- ; Control Stereo 9946917 r- ❑ISrtmsp coon 99 470 9 Other 99 559 9in -- t J S 7� dp O o3mov 7a Of lot