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Home My WebLink AboutMINUTES - 04251989 - 1.26 CLAIM ' uOARD 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 April 25 , 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: $287 . 40 Section 913 and 915.4. Please note all "Warnings". CLAIMANT. EUGENE MCINTYRE County Counsel P.O. Box 556 ATTORNEY: Pinole, CA 94564 APR, V1989 Date received Mlall ez CA 94553 ADDRESS: BY DELIVERY TO CLERK ON Marc . 3U, X989 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. April 4, 1989 BPpHHIL BATCHELOR, Clerk DATED: Y: 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: / 5 ' BY: I a Deputy County Counsel --r III. FROM: Clerk of the Board TO: County Counsel (1) Coun dministrator (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. APR 2 51989 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 2 6 1989 Dated: BY: PHIL BATCHELOR by ty Clerk CC: County Counsel County Administrator Claim tb: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or,.growing crops and which accrue on or -before December 31, 1987, must be presented not later thanthe 100th day after the accrual'of ,the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the� cause •of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk' fili g stamp \ . q0 a.XSJ-& , P,-,vo/e, e4. qo%rl- V R1 , Against the Uounty of Contra Costa or ) MAR 3 01��9. District) Fill in name ) CLEC 0 'Q EV 93 � T De uty The undersigned claimant hereby makes claim a*ny "'�' n ra Costa or the above-named District in the sum of $! ,Py,-_-om and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) -21LOPao A-,s ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) le o°=-Pi`/Z -=�--------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) S bPrl�yC s C/QAt�,/7r �foS --� - —-- -- ----—---------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the �injury or damage? / Q 3 3 i� �"��Y/ K �'/�rl f I0 rrv*4*/) (over) FORM A O DOMESTIC BEAT OCCURRED S 1 Case Foe No. 2.Crims/Clasad-celton 3. Detail Code 1 •. Detail Code 2 S.More Persona a,�.7�4r� iJTtiQ�3AN c o� T�E A&,44 6- A//J- on i ,r O vctim 6 Day-Data- Tans Of Occwrenca 7. Date-Time Reported 8. Date-Time Written ❑ Suspect e" es Z O to S e E ❑ ►RC 9 &dosses/Local.on 07 Occunencs 10.Gro Looe ❑ Warless 110,0 7 ��i�N ,4ver -2/0 G 416,&6 r7-- 19111-4-/ ❑ Other V,cum 1 11.Narots IL Ploollo (Sex Crime V. on Form t❑) 12.uuts (Age)13. ac •sex O MP IFunher Dssc on Fon"et NO MAe & .a-1 A U^�/L• ( ) f� "' 15.Street No 16.Apt No. 11,rtheal Name 18. C- 19.State 20.More Phone 707J 2/0 4O td"AJ a9VIP �t O C-/G "T-/- CA ( ) vN/l. 11.Employed By 22. City 23.Work Phone 4, Best Contact Tome work/ v- ,,-2 Z5.Name IL FM) (Sea Crime V.On Form 61 26.006 (Aqt) 27.Race B.Sek O 0 War-en /`GSM ess V ( ) 29. Street No 30.Apt No. 31 Street Name 32.Collor 33.State 34.Morns Phone 35.Employed By 3E.City 37. Work Phone 38_ Best Contac: Time Ko-e! ( ) Work! CRIME DESCRIPTION 39.;Q�W Of Inc.oant: 11/'01 Structure O 02 StreaVAllev C OS ShoopvhQQ Canter O 07 Fenced Compound O 09 Open Londe O 1 1 School vaso O 02 Veh.ue O 04 Vessel O 06 Storage T 1 O OB Constr Sits O 10 Recrino Area C 12 0•her SUSPECT ACTIONS DM WEAPON /O.SrsOeer Aa,ons(I t e♦ 42. 1 / 46.Flant Or Enrry / 46-T.oa Wesson ❑ 01 Recleuv 01 Sol F.re m01 con.en-enc, SWgIq Fs-,Iv otun►o+n 01 Anemoo On1v 0+Rfie 4so1-varea 8 02 Looao.V 02 Feel Food AOL/CO-" 02 Front 02 oVSFf 02 Shotgun 02 Vanoaared 0-.0,Used 03 RestouraroutarDuWo%Ao-rn 03400, 03 Coaohan90 I 03 So-ad OR 03 Ransaeseo ❑ 03 S.&Pvc,Kncown 04 On g/Memca, «OnuIO01e1 0a Sloe So.-J.- D4 Una Ho ocun 04 Defecated TO vcnm OS Gas Sta,on Moor«orne OS Gr Le-ei 04 too.1v Force 05 Rlhravn OSS-0.00 04 Toes veh-cte 06 Retool 0r11e1 «orae For Sar 06 Us Lwool OS Saw Dnu 06 S- al"to 06 D,an. OS O-sa&ed Phone 07 Wholesale/ Omer 07 Door 06 Torch P,na 07 used Fiume 06 S.500co Am-ed Wevhor.e 06 W,ndo.. 07 W-eneN►--e-s 8 07 Si 1e Acton Fo, -pm 07 Shut OR Flow, 08 F-nenc.svanst O9 S;.o--q Glass 06 Cro Screen 06 A..Rd.e/ 806 Fo.-eo A.#- 086e.-nd Gapped 09 Enlans- ftec 4!.Ta,Oe-, !00ucv W"o 09 Remote W-npO-lel tie Gun 09 K-Olk•e09e Or I vent" 10 School p1•r.,c 11 Ao, 6.09 106nck.Roc. 8 09 K",le darnel Cath V•,,.aae& ❑ 09 used Dernaro I 1 1 P.v Too. 10 O:he•C„n-^9 so . •11 mouunr' CI 6•se�•-en1 i 1 ROo' Insrror"e nr ❑ 10 Se,ec.-ve Nor 12 0,rW.c 6bp 03 oat 13 Wel, 'I bon Cunoom len Loo. ❑ 10 ow r.00 In 13 Chun:n 14 Guage 13 Pu"ch Lock 1 7 C,.o 1, 1 Too.On',, ed Sac► 04 86 a w-neo+S,•1esn 12 sw.ieu/ t 4 Morel/Morel Room 'S tesemem 17 Too.p"-r 11►Loo trop In OS D,n.p I Ch•a11e Money Pocael 1S Other 06 Dem Famdv Rm 16 Fence IS Tao*Used 1 1�uu-ff IS 3 lhue,6'.. ❑ 13 Too.jo--e.,Vf 12 uma vct k 07 G•npe:Camon 17 Gate 16 Scordrnre, r'1 4 P.p,,T..e lmr, SA•ver 13 Molested Vct 43 06 K.rchen I t Oran 1 7 Glass Criter 1❑yl S veno16 Doo•K.ck4Uwo Ve Too•s 14 Unrsw.Oda 09 Lotea Roe" Donn i S Too•Toc,,W 15 M•awbales ❑Ot Cas^Rey 10 She*go- ❑ P 0 Earle '9 ven-cis ompaet Eou,o r 6 S.mcs v.ct D'ew' 1 s Other 20 Loc.Go- [❑ 16►,Looter ese 1 7 Oonaeed Felty ❑ 02►eoa.neu 21 pone, 6edsaesd 1 t Ola. ►amuly cvston.ers ❑ IT V,c1 «dme, t 9 6,nottolded v 03 Sale b. ►reesm 04 VehO-n9 Maces .t P.-.I o•m E.n 20 Made Three= Os D-wwv Itew m& 149. on s use0 6,SWoltl 8 19 reed I IV 21«t0 G 06 Stock Mdse 22 WO 07Taa::au o. 23 Dow"andee f 06 so" Matertaw 2/F,nd WOOD" Fauns 2S Omer 8 090R,ce E01np _ 10 01"o, 52s.Val, Msfinq 50.Ewoehce O 01 F-ngarp^rots O OS Searches O 09 Alcohol O 13 weapons 01 7 AceaerantF 51. D1spo. of Erie. ►rooertr Pmsena0oq-neo 02 Shoso,.nts O 05 Glass O 10 Too,Merits O 14 F,rearms O 18 veh-c,es dons O 03 T..e Tracks O 07 Fibers O 11 Tools O 15 DOCYmenta O 19 Clothing 52D.Val. 6a-ped O Cnme kap O 04 Photos O Ot"air O 12 Other Proms O 16 Drugs O 20 Other DroDr,ty $3. r-4 Vnoos4 Of Inc-cent L,6iAJ >,� R u oma/ / �0��%4/EtJ. POi✓o�� c o .vcr' 77lcor &1004 ede&4 en 16-V n ode ,c% o v t Gou4T�� c S�/Jr 7WA0;7 e/,0 ye-&Z&e ai�rrr2p��• r,trutioj��DE_DA_L0 SD_v _Corona>- -R6�cotics_Inves:iga:oon_Jv � 5, flopon.n Dep I ^^n 56. mo • SI,Disposition __1r,:tlli9tnct_vict_ omplaint Of,.Xroe + 3'�Saq n -_Detrol Cd6,_Drts( S�a:.__Other - / I T 7 f/ _� 58.A ,0111 S S9.Emp • 60.Dare 61.Pape 1 of 411110!1"; , &-tONT!RA COSTA COUNTY SHERIFF-CORONER'S DEPARTMENf - 0. Box 391, Martinez, CA 94553-0039 -- (CA0010000) Rev 5/86 �� r �� Wit_ � � • �� _ �� l� • tr rt � s a �.r r.• r .�� •. �` s i �•�y �r � G � .. � � � �• �. \• 1. \ 2\l • �. ►lA \ � �1 Patrol cap. P? • : \ cC • t , j' rvc�r f9 o1JrV449c� 42077. Ifoh/SW r4-T` ,f►a off, 70 7Z) �r y�r3av� ,yy►,�►"tf�t�� • Aev ��-S7Z0�'S CIS ff il•+pp� ` r T 1� o ,� �j.► � t1, Ao .0 ie U CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA - r Claim Against; the County, or District governed by) BOARD ACTION the Board of Supervisors, Routirg Endorsements, ) NOTICE TO CLAIMANT April 25 , 1989and 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: KEVIN JOHN CURRY c/o Lions Gate ATTORNEY: 100 Glacier Drive Martinez;, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON March. 20, 1989 BY MAIL POSTMARKED: March: 17, 1989 Certified P 913 742 831 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED: March 28, 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: 20 BY: 1`-' Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County ministr 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. APR 2 5 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. W Dated: APR 2 6 1989 BY: PHIL BATCHELOR by Vuty Clerk CC: County Counsel County Administrator • a/11i171.1;til 1: J►1� �> '. . `� 11 1 1 t .. AIJ Al.t.l1( 1�1}l.i: i •+ �111/NTJi t ' Vfl/ N111 �. ► 11`VI w' 1?►• WI1r... r,iill /I M�rINI. ♦tt•htT ' , r.. nlNNlr It 11' ` LVNC U►/4. 1�1111014N 1♦ r01.It f. 4. ►l,r Pt.rI CVNLU► 1J, C• Y�►►•-UYII I ►.�11. I 1►NVr wPt N . J)AMVI t ✓. /III I"AN.J1r. IFIL e►1-•Lllrl J. 0I PNt N INI,t AI.vtt V FRE 11LEI�EDDATE : March 15, 1989 2 01989 BATCHELOR TO: Clerk of the Board of Supervisors D OF SUPERVISORS County Administration Building ACOSTACO. De u 651 Pine Street, Room 106 Martinez , CA 94553 SUBJECT: Curry v. Lionsgate ENCLOSURES : Claim Persuant to Government- Code Section 910 REQUESTED: ( ) Issue and return of Summons; ( x ) Filing and return of endorsed filed copy (s) ; ( ) Secure Court ' s signature to original and return copy; ( ) please record and return copy; ( ) Serve enclosed, complete proof of Service and return in envelope enclosed; ( ) Certify ; ( ) Other : Thank you for your courtesy, ANDERSEN b BONNIFIELD B Trans . Ltr y rra°i� ID 1 LAW OFFICES OF ANDERSEN AND BONNIFIELD y 1 _C 2 ATTORNEYS AT LAW n '%l At `� 1355 WILLOW WAY-SUITE 255 � 1�.a•'1� IIITT7 3 CONCORD, CALIFORNIA 94520 �dCt F1 150"'5 (415) 525-5100 PjF SF T ;;ty 4 C N c, 8Y 5 ATTORNEY FOR rl A i manl- 6 7 8 CLAIM AGAINST PUBLIC ENTITY 9 RE: CLAIM BY KEVIN JOHN CURRY ) CLAIM PURSUANT TO AGAINST THE COUNTY OF CONTRA ) GOVERNMENT CODE 10 COSTA ) SECTION 910 11 12 Government Code 910 13 A. The name and post office address of the claimant is: 14 Kevin John Curry c/o LIONS GATE, 100 Glacier Drive, Martinez , 15 California 94553 . 16 B. The post office address to which the person presenting 17 the claim desires notices to be sent: J . STEPHEN INGERSOLL- 18 THORP / ROBERT P. STAR, ANDERSEN & BONNIFIELD, 1355 Willow Way, 19 Suite 255, Concord, California 94520 . 20 Co FACTS REGARDING THE OCCURRENCE: 21 Date: November 3 , 1988 22 Place: Lions Gate , 100 Glacier Drive, 23 Martinez, California 94553 . 24 Circumstances giving rise to claim: 25 Claimant, 8 years old, and a ward of the 26 Contra Costa Department of Social Services, 27 was in residence at Lions Gate on the day of 28 the occurrence. He was allowed to enter the 1 1 laundry room which is normally locked. While 2 inside the laundry room, claimant opened a 3 washing machine in an attempt to retrieve 4 clothing. The spinning drum of the washing 5 machine then broke claimant's arm. 6 D. INJURIES AND DAMAGES: Claimant was hospitalized for 7 a broken arm. 8 E. THE NAMES OF THE PUBLIC EMPLOYEES CAUSING THE INJURIES 9 AND DAMAGES: Unknown. 10 F. JURISDICTION OF THIS CLAIM PROPERLY RESTS WITH THE 11 SUPERIOR COURT. 12 13 Date: March l- , 1989 14 STEPHEW INGE SOLL-THORP, Court appointed attorney for 15 Claimant Kevin John Curry. 16 17 18 19 20 21 22 23 24 25 26 27 28 2 z za Z N G�n 0 tn O tz v 0 Z Q 0 > ( z boa Ul am � 0 -� z a mz ri Z �.A a .D w 0 ~ s G !D rU rortPi pr k< 0 ''' N cD a M N En (D N r~n• W ,gyp.: 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 Ap r i 1 25 , 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: KEVIN JOHN CURRY c/o Lions Gate ATTORNEY: 100 Glacier Drive Martinez, CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON March 20, 1989 BY MAIL POSTMARKED: March 17, 1989 Certified P 913 742831 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �bIL BATCHELOR, Clerk DATED: March 28, 19.89. : 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: '1 2(-; j BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County ministr for (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. APR 2 5 1969 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 dull to iiie a cuurt 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 2 6 1948 BY: PHIL BATCHELOR by C uty Clerk CC: County Counsel County Administrator 0 G -a 2 c .. C) T. 3 G A"D N to to J W.p .� Elf C4 ib y •4,�'. � y V�l y GS 1t `afi^Y "Irl o p� 1 W X 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 Ap r i 1 25 , 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 t%larnings". CLAIMANT: TIMOTHY RICHARD DECARLO ounty C"unsej c/o Ndncyt'Ann Kramer WAR,21 ATTORNEY: 900 Court Street #1 '� 1989 Martinez , CA 94553 Date received "artlne-__C Aa BY DELIVERY TO CLERK ON March 23 , 1939' 1I i2el . 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. PpHHIL BATCHELOR, Clerk DATED: March. 24, 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 /21 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. APR 2 5 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 26 1989 Dated: BY: PHIL BATCHELOR by - ty Clerk CC: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: Board of Supervisors County of Contra Costa 651 Pine Street Martinez, CA 94553 Ir CLAIMANT: TIMOTHY RICHARD DECARLO �W 435 Edwards Street Crockett CA 94525 PR pp f�U 0• eP�il SEND NOTICES TO: p A G GLE K � NANCY ANN KRAMER 0Y • GLASS & KRAMER 900 Court Street, Suite 1 Martinez, CA 94553 DATE OF OCCURRENCE: January 28, 1989 EXACT PLACE OF OCCURRENCE: 4045 Ellis Road Martinez, California HOW INJURY OCCURRED: In the course of investigating an alleged domestic disturbance, Sheriff's Deputy F. Lawrence threw claimant Timothy Richard DeCarlo into a chair, using excessive and unlawful force and violence, causing Mr . DeCarlo to suffer physical pain and injury, as well as humiliation, embarassment, and emotional distress. Sheriff 's Deputy F. Lawrence continued to exert unnecessary and excessive force on Mr. DeCarlo in pushing Mr . DeCarlo to the ground, banging his head on the ground, hitting him in the head and placing him in handcuffs although Mr . DeCarlo was not resisting arrest. PARTICULAR ACT OR OMISSION: Sheriff ' s Deputy F. Lawrence and other unknown officers of the Sheriff' s Department arrested claimant without legal cause or justification, employing excessive force and violence in making this unlawful arrest. Specifically, -1- this unlawful arrest. Specifically, said officer (s) used excessive physical force against claimant in throwing him to the ground, banging his head on the ground, striking him in the head, wrestling with him on the ground, and applying handcuffs to him, said acts being in violation of claimant' s constitutional rights, including the right to due process. Said officers further ordered and caused the unlawful imprisonment of claimant at the Martinez Detention Facility, following his unlawful arrest. NAME OF CITY EMPLOYEES CAUSING INJURY OR DAMAGE: SHERIFF' S DEPUTY F. LAWRENCE 651 Pine Street Martinez, CA 94553 Other unknown officers of the Contra Costa County Sheriff's Department EXTENT OF INJURIES AND DAMAGE CLAIMED: Unlawful detention, false arrest, and false imprisonment of claimant causing a loss of freedom to claimant resulting in claimant' s extreme mental and physical distress, discomfort, and anxiety, and exposing claimant to contempt, hatred, ridicule, and fear of further persecution .by members of the Contra Costa Sheriff ' s Department; physical injury, pain and suffering due to the use of excessive force by the named sheriff 's deputies, resulting in claimant's extreme mental and physical pain, discomfort, distress, and anxiety, and exposing claimant to contempt, hatred, ridicule, and fear of further persecution by members of the Contra Costa County Sheriff' s Department TOTAL AMOUNT CLAIMED: The amount claimed exceeds $10,000 .00 andjurisdiction lies with the Superior Court of the State of California, County of Contra Costa. -2- ~ U NAME OF WITNESSES: Timothy Richard DeCarlo 435 Edwards Street Crockett, CA 94525 Susan Mayfield 4045 Ellis Street Martinez, CA GLASS & KRAMER By: nJ A .-.-- NANCY ANN KRAMER Attorney for Claimant -3- PROOF OF PERSONAL SERVICE I am over the age of eighteen years and am not a party to the within entitled action; my business address is 900 Court Street, Suite 1 , Martinez, California 94553. On March 23 , 1989, I served the within CLAIM AGAINIST THE COUNTY OF CONTRA COSTA by personally delivering a true copy thereof to the following person(s) at the address(es) listed below: BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 651 Pine Street Martinez CA 94553 I declare under penalty of perjury that the foregoing is true and correct. Executed on March 23, 1989, at Martinez, Contra Costa County, California. KEMY MU Z + CLAIM 114:124 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 April 25 , 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 GDvyernment Code Amount: $125 . 00 Section 913 and 915.4. Please note all `�k�ar�i�i rSP*4n;o0t CLAIMANT: TIMOTHY LEROY WILLIAMSA ., 2636 17th Aven #251 ��Ctlt�eZ, �� 945-53ATTORNEY: Santa Cruz, CA 95065 Date received ADDRESS: BY DELIVERY TO CLERK ON March 27 , 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: March 28, 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 9 � �°1 S 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. APR 2 5 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: APR 6 1989 BY: PHIL BATCHELOR by t y Clerk CC: County Counsel County Administrator ` Y y TCS_• '•BOARD OF SUPERVISORS OF CONTRA CO-Ke-Mir ii l application to; Instructions to Claimant Clerk of the Board P.0.Box 911 A. Claims relating to causes of action for death or for�injury� 04533 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be- filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 94553: C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved r k' g tamps TiMt3T11`� LE9,04 WILLIA&A.S ) IlkE J :. Against the COUNTY OF CONTRA COSTA)„ MAR 27 1989�� . )or DISTRICT) - PH BAT ELOR (Fill in name) ) CHER B sup scs,� BY uty f . The undersigned claimant hereby makes claim aga n t e County of Contra Costa or the above--named District in the sum of $ _ and in support of this claim represents as follows.: -,-T--ry'-�- ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) mweca -vvc bfio%7; 2.99.89 A 4i, 2•2.7-89 2.- Where did the damage. or injUX'V C?r'_n�,IZ?-- (Inclt.tc;�p ci t�� anr7 nr,3Lent•vl --- - 1 1 W,AR "em-, CA. Cn-JTQA Cog-rA Go. NE;'EIS7K0•{ 1~AG1l try ------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details , use extra sheets if required) �uQ1ntC� u.IC.AQCF_P_0,r10b4 , Wy. CI.0*C'1-" 4(7 WAS V051' .,, 4 - What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? IMPP_0PCP_ M(:)CC:WQE oR LACK. OF AME" "',►O►y. (over) '.:5..:,:•j! zat: ar.e.:the...names of county or district officers, servants or I employees:causing the damage or injury? C,0WrgA COSTA S►-lER62.�'ppS f,EPT -------- - ---------------------------------------------------------- 6. What-d-amag----e or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto . damage) CA W LOSS OF �OTVJ IW(o, l2S VA Lac . ------------------------------------------------------------------------- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) cx)Tr OF REPT-ACE/vt�►ST ------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals . ------------------------------------------------------------------------- 9 . List the expenditures you made on account of this accident or injury: DATE I'T'EM 7-,-MOUNT N/A Govt. Code Sec. 910 .2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf. " Name and Address of 'Attorney ima ' s Signature 24,3lo L7� 6-_ 261 i''i u' -V J 7.. _ SA&U A --Qu2, CA. 9504o5 Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intert to defraud, present,_s for allowance or for payment to- any state', board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher, or writing , is guilty of a felony. " f °LEV t• . `fit `�n/2AN�,LER'�6EhL tl'k SF It RT E kWtEf�' 5WEAT JAC-14or i `132uT' A, 54-tk e:r 1 'NIKE' W ILOK& 3ftaT5 `PQO-CHAN .lP'TPJV-K sWo�5 2 PR. 'crtE2MAL sOC.KS l v C RA COSTA DETENTION FACILIT KEEP CLOTHING RECEIPT k DATE: REC: TIME: Q2% I '$� FACILITY: IG7817 lisl"s MDF NAME (L, F, M): D.O.B.: WILLIAMS TIM^ :. . BOOKING NBR: INTAKE ..— ' 8�GQ43�3J ® SHIRT/BLOUSE I PANTS/SKIRT COAT/JACKET SHOES/BOOTS SHORTS/PANTIES T-SHIRT/BRA SOCKS/NYLO HAT/PURSE SWEATER/ SHI R DRESS ED OTHER BKG OFC: INMATE SIGNATURE RELEASE DATE: I HAVE RECEIVED ALL OF MY CLOTHING. REL OFC, } j X.. INMATE SIGNATURE AMENDED CLAIM BOAR[ OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the bounty, or District governed by? BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Ai)r i 1 251989 , and Board Action. All Section references are to } T`;? 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 $60 ,000 - 00 (Paragraph IV below), given pursuant to Government Code Amount: Section 913 and 915.4. Please note all fer� s v Counsel CLAIMANT: MICHAEL BENSAL c/o David G. Smith APR, I11989 ATTORNEY: Attorney at Law Martinez 1440 Broadwaym #900 Date received � CA 94553 ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON April 6 , 1989 BY MAIL POSTMARKED: April 4, 1989 Certified P 833 953 850 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 10 1989 PPHHIL BATCHELOR, Clerk DATED: P r BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). Other: r Dated: BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administ or (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present AS A/1tQ1Vp&_6 (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 dat�PR Dated: PHIL BATCHELOR, Clerk, ByX4ze-rDeputy 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 2 6 989 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator _ County Counsel �7S r v DAVID G. SMITHAP"R / ATTORNEY AT LAW � J 1989 1440 BROADWAY,SUITE 900 Martinez, CA 94553 OAKLAND,CALIFORNIA 94612 OF COUNSEL (415)893-3741 GAR G. CAMPBELL April 4, 1989 � � Victor J. Westman �g COUNTY COUNSEL OF CONTRA COSTA COUNTY p r9 Administration Building ion P.O. Box 69 Martinez, CA 94553 N e Re: Claim of MICHAEL BENSAL Date/Accident: 10/16/88 Dear Mr. Westman: On March 29, 1989, you served on me by mail on behalf of my client, Michael Bensal, a Notice of Insufficiency and/or Non- Acceptance of Claim. That notice indicated that in your opinion my claim was insufficient because: "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 the 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." On the notice that was sent to me, there were listed seven possible reasons for an insufficient claim. The only item indicated insufficient was the one I have quoted above. Attached to this letter is a new claim which addresses your claim of insufficiency. Other than addressing that issue it is exactly the same claim that was originally presented to you and received by you on March 24 , 1989. I am, therefore, assuming that this claim will be sufficient, and, upon receipt, you will take appropriate action. Yo s very truly, D VID G. SMITH DGS/bjm Enclosure 1 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 2 3 1. Name and address of claimant: MICHAEL BENSAL 1532 Richardson Street 4 Martinez, CA 94553 5 2 . Send all notices to David G. Smith Attorney at Law 6 1440 Broadway, Suite 900 Oakland, CA 94612 7 (415) 893-3741 8 3 . Date of Occurrence October 16, 1988 9 Place of Occurrence : Marsh Creek Road (a county road) approximately 1. 8 miles west of 10 Deer Valley Road 11 4. Circumstances of Occurrence: Claimant was driving his 12 motorcycle westbound on Marsh Creek Road and in a sharp 13 right-hand curve when he was sideswiped by a 1988 Lincoln 14 town car, traveling eastbound and driven by Ms. Hazel 15 Butcher. 16 17 5. General Description of Injury: Multiple serious 18 injuries, including an open femur fracture, left leg, open 19 left heel fracture with probable necrotic posterior heel 20 pad, a fracture of the base of the fifth metatarsal, and 21 multiple abrasions and contusions. 22 6. Amount of Claim and Basis of Computation: Medical 23- expenses, property damage, personal expenses, wage loss 24 according to proof, and general damages. 25 7. Damages Involved: Medical expenses and wage loss to 26 date are in excess of $60, 000.00. Jurisdiction for this 1 1 matter will lie with the Superior Court. 2 DATED: April 4 , 1989 3 ocr-�- 1 4 DAVID G. SMITH, Esq. 5 Attorney for the Claimant, MICHAEL BENSAL 6 7 Receipt of a copy of the within Claim is hereby 8 acknowledged this day of 1989 . 9 10 CONTRA COSTA COUNTY BOARD OF SUPERVISORS 11 12 by 13 14 15 16 17 18 19 20 21 22 2a 24 25 26 2 o a d P 9 od d 9 D cn n a �' H H � o MN N '1 N d fF 0 C: n (�D (DD O (~n w w o ft 0 C4 `> FJ M (D w � r Ln 0 cD w0a ul v, C: ITJ t(DD w � n a a0 � Z H Q n 0 H n O C z H a r � ;tQCIm m t- 1D�S $3$ 00 3 ' a a•a a�r�:4.ria •111 1 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the ,County, or District governed by)- BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 25 , 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 "Wae6ruhty COUC1Se) CLAIMANT: MICHAEL BENSAL c/o David G. Smith (YAR ,2 8 1989 ATTORNEY: Attorney at Law Martinez, CA 94553 1440 Broadway #900 Date received ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON March 24, 1989 BY MAIL POSTMARKED: March 23 , 1989 Certified P 833 953 844 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 28, 1989 PpHHIL BATCHELOR, Clerk 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 Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 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: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ' NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Michael Bensal c/o David G. Smith Attorney at w 1440 Broadway 00 Oakland, CA 94612 Re: MICHAEL BENSAL 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: Deputy County oun CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015.5; Evid. C. §§ 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: at Martinez, California. cc: Clerk of the Board of Supervisors iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910. 8) DAVID G. SMITH ATTORNEY AT LAW 1440 BROADWAY,SUITE 900 OAKLAND,CALIFORNIA 94612 OF COUNSEL (415)893-3741 GARY G. CAMPBELL V Eli March 22, 1989 MAR 2 41989 Clerk of Board of Supervisors PHIBATCHELOR OF SUPERVIS CLERK BORS 651 Pine Street, lst Floor s CONTRA COSTA CO. De U+ Martinez, CA 94553 Re: My Client BENSAL, Michael Date of Loss : 10/16/88 To Whom It May Concern: Enclosed please find two copies of the claim I am submitting on behalf of my client Michael Bensal. Upon receipt of same, would you please return to me in the envelope provided a copy of the endorsed "filed" copy of this claim. Thank you in advance for your courtesy and cooperation in this matter. Very truly yours, A, DAVID G. SMITH DGS/sh Enclosures a 1 CLAIM AGAINST CONTRA COSTA COUNTY 2 1. Name and address of claimant: Mr. Michael Bensal 1532 Richardson Street 3 Martinez, CA 94553 4 2. Send all notices to: David G. Smith Attorney at Law 5 1440 Broadway, Suite 900 Oakland, CA 94612 6 (415) 893-3741 7 3. Date of Occurrence: October 16, 1988 g 4. Place of Occurrence: Marsh Creek Road (a county road) approximately 1.8 miles 9 west of Deer Valley Road 10 5. Circumstances of Occurrence: Claimant was driving his 11 motorcycle westbound on Marsh Creek Road and in a sharp right- 12 hand curve when he was sideswiped by a 1988 Lincoln Town Car, 13 traveling eastbound and, driven by Ms. Hazel Butcher. 14 6. General description of injury: multiple, serious injuries, 15 including an open femur fracture, left leg, open left heel 16 fracture with probable necrotic posterior heel pad, a fracture 17 of the base of the fifth metatarsal, and multiple abrasions 18 and contusions. 19 20 21 22 // R E V E� 23 // MAR 24 1989 24 // CL P 6A C EL OR R3 ON F O 25 // By _�.. 26 // i • , 1 7. Amount of claim and basis of computation: medical 2 expenses, property damage, personal expenses, wage loss according 3 to proof, and general damages. 4 DATED: March 22, 1989 5 DAVID G. SMITH, Esquire 6 Attorney for Claimant, MICHAEL BENSAL 7 Receipt of a copy of the within claim is hereby acknowledged 8 this day of 1989. 9 10 CONTRA COSTA COUNTY BOARD OF 11 SUPERVISORS By: 12 13 14 15 16 17 18 19 20 21 22 23- 24 25 26 0 a o y c D ` m Z m t q > Vs D r (p N t oND x Y�n � CO• G<� CSD O o � 01 f•� Sv lri I--� M fD r•F K 0 �• (D 0 0 N fD hh !n tz 0 ct ^0, (D my Pl Yw 0 w Lrl F•h o Lrl N w W N En froD r w °o �• o m N r N - w rri Io ca��i• cot