The URL can be used to link to this page

Home My WebLink AboutMINUTES - 05091989 - 1.2 (2) 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 May 9 , 198 9 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 Go(3nT� oOunse) Amount: $120. 00 Section 913 and 915.4. Please note all "Warnings '. CLAIMANT. GREGORY SCOTT PLAZA APR, 111989 2139 N. Peak Place Martinez, CA W53 ATTORNEY:Martinez , CA 94553 Date received ADDRESS: BY DELIVERY TO CLERK ON April 7, 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. April 10, 1989 ppNNIL BATCHELOR, Clerk DATED: p 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: 113 BY: I J Deputy County Counsel I 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: MAY 9 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 thi:--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: MAY 10 1989 BY: PHIL BATCHELOR byDe u Clerk CC: County Counsel County Administrator :LAIM11T0._' _it BOARD OF SUPERVISORS OF CONTRA CO FT to �5 �� e Ur i t application to: Instructions to Claimant Clerk of the Board y f P.O.Box 911 A. Claims relating to causes of action for death or rorninjuryn o4533 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. ntity. -E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this forma RE: Claim by ) Reserve ilinc stamps e�nTS C-6 It VIC1.2C, R EC% Against the COUNTY OF CONTRA COSTA) APR.7 1989 if or DISTRICT) (Fill in name) ) OLEFCK i+� A« L . R, R 'Y p Ity . The undersigned claimant hereby makes claim a y. . . y of Contra Costa or the above-named District in the sum of $ , IZO _ and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give exact date and hour) ----------------------------------------- --------------------------- 2. where did the damage or injury occur? (Include city and county) ---� 1n -- --(witg- 4i1s*------ --------------- -------------- 3. How ddithe damage or injury occur? (Give full details , use extra sheets if required) 9 . What Parti ular act or omission on the part o� coPn- br di trict officers , . servants or employees caused the injury or da ge? erviAl 1 10.54- "1 s , - tea,� -m r �-- �CG-d% �`v r n e_�_� aol/ C xe Ses,,' die: Gt1 Tllt('(over) `.:5.:,:• zat: ar.e._the...names of county or district officers, servants or•. employees -- causing the damage or injury? fa 6. What damage or injuries do you claim resulte ? (Give Ru11�1ex�t of injuries or damages claimed. Attach two es imates for aut damage) Cc�,S,s. G cx.i O r N i("�Urjd 3` �5ch2s` le�t `7 C amu, L V'r C�S2►�f�-� -------------------------------- ? . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) P :r S`�2 �i�►��-aleF'� SweQk4Z/% $je�p� {p`�� '�' v►cnder Q� �.S s Z:5pa ------------------------------------------------------------------------- 8 . ?vames and addresses of witnesses , doctors and hospitals. 9 . List the expenditures you made oaccout of this accident or injury: DATEITEM AMOUNT hoc ` Z pro Govt. Code Sec. 910 .2 provides: "The claim signed by the claiman- SEND NOTICES TO: (Attorney) or by some perso^ on his behalf. ' Name and Address of Attorney _41 1 ' mant' s Signature Address 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, 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. " r _ , CLAIM /moo 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 May 9, 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: $1, 000, 000 . 00 Section 913 and 915.4. Please note all Vpr<,WCounsel ;;LAIMANT: BONNITA ERLENE UHRINAK APR, 1 1 1989 c/o Law Offices- 6f John J. Machado ATTORNEY: 1420 "F" Street Martinez, CA 94553 Modesto, CA 95354 Date received ADDRESS: BY DELIVERY TO CLERK ON April 7, 1989 BY MAIL POSTMARKED: April 4, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. A ril 10 19-89 PPHHIL BATCHELOR, Clerk DATED: p r BY: 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: y � ��3 �( B� 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: MAY 9 1989 PHIL BATCHELOR, Clerk, By ty 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 ice o Claimant, addressed to the claimant as shown above. Dated: MAY 10 1989 BY: PHIL BATCHELOR by r Clerk CC: County Counsel County Administrator • LAW OFFICES OF JOHN J. MACHADO JJMACHADO Quesera Building J. J.PATRICIA MELUGIN COUSINS 1420 "F" Street Modesto, CA 95354 April 3, 1989 (209) 578-4341 1 Clerk of the Court 651 Pine Street, Room 106 Martinez, CA 94553 Re: Bonnita Erlene Uhrinak ENCLOSED HEREWITH ARE THE FOLLOWING: CLAIM AGAINST THE COUNTY OF CONTRA COSTA _ For your information. Please review the enclosed and call upon receipt. Please provide your client with copy of same. Per your request of Please contact me upon receipt of this letter. Please sign and return in the envelope enclosed. Keep for your records. I will provide you with a file-marked copy as soon as possible. Please contact my office to make an appointment. XX Please file and return endorsed copies to the undersigned. Please obtain your client' s signature. Please obtain signature of court, file original and -ret-urn endorsed copies . I will notify you of trial date soon. Please record and return to the under- signed . Please file and set for hearinq_ . Enclosed please find our check in the amount of $ to cover your fee. Kindly return your receipt. Very truly _yours, LAW OFFICES OF JOHN J. MACHADO BY PATiRICIA MELUGIN COUSINS Attorney at Law �• - CLAIM AGAINST THE COUNTY OF CONTRA COSTA (Government Code Section 910.et seq.) Claimants: BONNITA ERLENE UHRINAK Name Social Security # 556-50-142 Date of Birth 1 -5-38 address 2162 Palomino Road, Livermore, CA 94550 ( 415) 449-8748 phone number Name, address and phone number of person to receive notices concerning this claim. LAW OFFICES OF JOHN J. MACHADO 1420 "F" STreet . Modesto, eA 95354 ( 209) 578-4341 Date and time when damage or injury occurred. 11 -14-88 17:22 Location of occurrence. San Pablo Dam Road, . 6 miles east of TRI Lane unincorporated on ra Costa County Circumstances of occurrence. See attached Police Report. Vehicle driven by Dryman hit gravel on roadway/shoulder, lost control and crossed into oncoming lane, causing collision with claimant ' s vehicle. Posted/actual speed, curve, gravel, road design and maintenance Description of loss, damage or injury. Multiple fractures to pelvis, head injury and back injury. Name(s) of County Employee(s) causing injury, damage or loss, if known. Unknown Amount claimed at present including estimated amount of any prospective loss. $1 , 000, 004. 00 a Names and addresses of witnesses, doctors and/or hospitals. See attached. P AT ELOR SORC CLE Claim must be signed and dated by claimant or person acting on claimant be De v { v DATED: /��9 SIGNED: y ZZ Claimant(s) WARNING Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city, district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, or account, voucher, or writing, is guilty of a felony." SEE REVERSE SIDE FOR INSTRUCTIONS fs INSTRUCTIONS FOR FILING CLAIMS f 4. 1, A claims must be completed 'in their entirety, giving a pre/ills, if the date, locatio and circumstances giving rise to the claim. Written estimable, should be attac ed to claim form. Auto damage requires two written est2. Claims s uld be filed with the Board of Supervisors of thus, 1100 H Street, Modes , CA 95354. 3. A claim relatin to a cause of action for death or injury o a person or to personal property or to growing crop shall be presented not later than the 00th day after the accrual of the cause of action. A claim lating to any other cause of acti shall be presented not later than one year after the accrual the cause action. 4. All claims shall be signed y the claimant or a p rson acting on his/her behalf and shall bear the date of such signing. 5. Claims will be deemed filed on date of act I receipt at the Office of the Board of Supervisor. WARNING: CLAIMS NOT FILED IN A C RDANCE WITH THESE INSTRUCTIONS MAY BE DEEMED TO BE INSUFFICIENT AND Y BE REJECTED OR DENIED. Claims properly filed in accordance ' h the a procedures will be acted upon by the Board of Supervisors, and notice of said a on shall forwarded to the person designated in said claim to receive such notice. SUBJECT TO .CERTAIN EX(; TIONS, • CLAIMA TS HAVE ONLY SIX MONTHS FROM THE DATE THAT NOTICE ODENIAL IS DEPOS TED IN THE MAIL OR PERSON- ALLY DELIVERED TO THEM TO.�F LE A COURT ACTION ON SAID DENIED CLAIM (see Government Code Section 945.6):' j A claimant may seek the' vice of an attorney of claimant's c oice in connection with any action on said claim. If c r ant desires to consult an attorne , claimant should do so immediately. Acceptance.of a claim by the Board of Supervisory does not prel dice the rights of the .,B6&-rd to reject or de an claim determined by the Board to be insuffici nt or not a proper claim against this'-go rnmental agency. i 1101-20-L EMPLOYER' S VERIFICATION OF WAGES AND BENEFITS LAW OFFICES OF JOHN J. MACHADO REPLY TO: 1420 "F" Street Modesto, CA 95354 NON-WORK RELATED EMPLOYEE: Bonnita Erlene Uhrinak DATE OF INJURY : 11 -14-8E SOCIAL SECURITY # : 't556-50-1426 POSITION: 1CiftR- A C1NJ� QD DATE OF HIRE: (1) PAY RATE: $ per hour hours per week $ fJA per overtime hour @ hours per week Semi-monthly pay: $ Other: Monthly pay: $ Shift pay: $ (2) TIME MISSED FROM WORK ( INCLUDING COMPENSATED TIME) DUE TO INJ 116 regular hours/days/weeks (CIRCLE ONE) overtime hours/days/weeks (CIRCLE ONE) months years (3) BENEFITS LOST DUE TO INJURY Vacation pay: hours/days/weeks (CIRCLE ONE) Sick pay: hours ys weeks (CIRCLE ONE) Loss of contribution t pension profit/welfare plans $ Promotion: Scheduled date of promotion Actual Other: (Please explain and give dollar amounts) (4) LOSSES FOR WHICH EMPLOYEE WAS COMPENSATED IF POSSIBLE, PLEASE ATTACH COPIES OF ATTENDANCE AND BENEFITS RECORDS SUPPORT THE ABOVE INFORMATION. EMPLOYER: RICHMOND SCHOOL DISTRIC 1108 Bissell STIGNED t/ �_^ BONNIE UHRINAK -- Date of Accident 11-14-88 WITNESSES Marty Jean Dryman Robert Saul 4682 Elmwood Drive 19 Smokewood Court E1 Sobrante, CA 94803 Danville, CA 94526 ( 415) 223-5833 ( 415) 838-7443 Cheri Loustalet 1715 Crescent Drive Walnut Creek, CA 94598 MEDICAL PROVIDERS Regional Ambulance $513. 40 P.O. Box 7780 Fremont, CA 94537 (415) 657-9999 Dr. Thomas W. Wallace $395. 00 1370 Concannon Blvd. Neurologist Livermore, CA 94550 1 /18/89 - 3/1 /89 ongoing (415) 443-5566 Dr. Robert B. Steiner $222. 95 4466 Black Avenue Orthopedist Pleasanton, CA 94566 3/10/89- ongoing (415) 846-6225 Dr. Henry P. Hoey $400. 00 (cognitive testing) 1674 Holmes Psychologist Livermore, CA 94550 ongoing ( 415 ) 449-8591 Doctors Hospital - Pinole $13, 922. 70 2151 Appian Way 11 -14-88 to 11 -27-88 Pinole, CA 94564 ( 415) 724-5000 Homedco Aproximately $744. 00 2355 Whitmore Rd. , #F Bed, trapeze, walker, Concord, CA 94518 commode, wheelchair ( 415) 886-9412 Dr. Martin Seroda $380. 00 1420 Tara Hills Drive Internist-hospital visit Pinole, CA 94564 Dr. Matan $410. 00 1330 Tara Hills Drive, Ste. E Neurologist- hospital visit Pinole, CA 94564 Dr. John W. Batcheller 1074 Murrieta Blvd. 12/88 through 3/89 Livermore, CA 94550 Orthopedist ( 415) 443-1700 Livermore Valley Medical Supply $16. 05 X 3 = $48. 15 2570 Old First Street crutches Livermore, CA 94550 ongoing Valley Memorial Hospital Approximately $1 , 952. 25 1111 East Stanlsy Blvd. MRI testing Livermore, CA 94550 Drs. Chambers & Toch, Inc. $314. 50 5145 Sobrante Avenue Radiology - (Doctors Hosp. ) E1 Sobrante, CA 94803 SPE.IAy I(viJlTk)•.I!. NUMBER N(IT AlAUN-i NIJVRE Q40.. ,MgTOCT NUMBER FELONY / ❑ G�it/iAUC' , NUMBER HITS RUN CO REPORTWG DISTgCT KILLED USD. BE ❑ 0)1 .4 1 ..FJ CO�`'�Oh OC�`�'RED ON MO. DAY YEAA TIME(3400( NCIC II OF CER I.D. MIL[POST INFORMATION DAY OF WEEK TOW AWAY ►HOTOGPA/ BY: H I( FEET/MESS OF MILEPOST S(A T W T F S [R,. []NO co u 0 AT RRERSECTION WRN - _ STATE HM REL ®OR: t PmIMILES,25 OP []Tts®NO 1 ®NONE PARTY DRIVER'S LICENSE NUMBER STATE CUSS SAFETY VEIL YR MAKEIMODEL/COLOR LICEMENUMBER RATE. DOVER NAME(RAST.MIDDLE.LAST( J� E` ✓.� rt'Jf��/ PEDES STREET ADDRESS' OWNER'S FAME ® SAME AS DOVER D PARKED OTT I STATE I ZIP OWNER'S ADDRESS SAME AS DRIVER VEHICLE BICY• SEE I NMR I YES NEK:M WEIGHT ■RTHOATE PACE DISPOSITION OF VEHICLE ON ORDERS OF: ❑OFFICER DRIVER O OTHER COST r ❑ �� Ma DAY CI�J E�/�-Sl — �7 OTHER HOME PHONE J� /BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT ® REFER TO NARRATIVE � f CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE B1 DAMAGED AREA II MURANCE CARRIER POLICY NUMBER VEHICLE TYPE 0lI1K. 0M0NE 1-vowe - O 113 MO0MAJOR ❑TOTAL ' D10.OF ON MEET OR HWAY SPEED PCF KC ❑ LMT PLC 13 PARTY DOVER'SLICENSE NUMBER RATE CLASS SAFETY VIK YA. MAKE/YODEL/COLOR 110ENSEMAFBER STATE DRIVER FIRST.MIDDLE.LAST) i PEDES I STREET ADDRESS OWNER'S NAME ®SAME AS DOVER TINAN PAAKED CRY/ TAT[:ZIP OWNER'S ADDRESS ®SAME AS DOVER � YErBCLE LryJ 1�Y/'1// BICY• SEI HMR [YES HEIGHT WDGHT BIRTHDATE RACE -p4 iTION OF VEHICLE ON ORDERS OF: ®OFFICER El 011110,110 Q OTHER ' f `o 0 Iqu s" i/D -i °s ` T -�/ C� OTHER HOME PHONE BUS24LSS►HON[ ❑ � � � � PRIOR MECHANICAL DtRN CTB: NON[AARENT ® R[fER TO NARRATIVE( I CHP USE ONLY DESCRIBE VEHICLE SAVAGE SHADE IN DAMAGSO MEA ! INSURANCE CARRIER POLICT NUMBER VEHICLE TYPE f . �IBBL []HONE []1BNOR D . ON ❑Y00. ❑YANK TOTAL i TpMRVOyF. ON�T All R HIGHWAY SPE to PCF KC O CN►IMITO PARTY DOYENS LICENSE NUMBER STATE JCLASS I SAFETY VEIL VA. MAKE/MODEL/COLOR LICENSE NUMBER STAR EOUI/. 3 DRYER NAME(FIRST.MIDDLE.LAST) I i PEDES STREET ADDRESS OWNER'S NAME ❑SAME AS DOVER TO AN PARKED OTT I STATE:ZIP OWNER'S ADDRESS ❑SAME AS DOVER VEHICLE SICU• BE MMR EYES HEIGHT WEIGHT BIRTHDATE RACE DISPOSITION OF VEHICLE ON ORDERS Of: QOFFICfA ❑DOVER QOTHER CLOTMO. DAV YEAR ❑ I OTHER HON[PNONt BUSINESS PHONE POOR MECHANICAL DEFECR: NONE APPAREM ❑ REFER TO NARRATIVE a Cl t ) ) CNP USE ONLY DESCRBE VEHICLE DAMAGE .SHADE W DAMAGED AREA i NBUAANCE CARRIER POUCV NUMBER VEHICLE TVPE ❑LINK Ej NONE E]MINOR VOD. MAJOR ❑TOTAL DIR.OF 10"STALETOANIG"4111 SPEED PCi ICC ❑ ' TAAVEL LIMIT PUC ❑ CHP ❑ DISPATCH NOTIFIED RENT'S NAM JDATE REVI EWEDR� MtYES C3 NO C3 WA L a J I �. ��/Il_/l ~✓ " ;.J CHP 555-Page'l (Rev. 7.87)OPI 042 PAOE 1,1- 0A71 O O nMP/ OP) NCK 1� oFHu11 I,�✓ O Atli • �O- > DAY vEAs , ` S 1 • VOKIM NAME i A PROPERTY rang E D DAMAGE EC PTON OF DAMAGE TES [:]No ND SEATING POSITION SAFETY EQUIPMENT MICBICYCLE•HFI MET EJECTED FROM VEH. I-DRIVER A.NONE IN VEHICLE L.AIR BAG DEPLOYED 0-NOT EJECTED 2 TO 6-PASSENGERS 8.UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER 1-FULLY EJECTED 7-STA WGK REAR C-LAP BELT USED N-OTHER V•NO 2•PARTIALLY EJECTED •-RR.OCC.TRK_OR VAN D.LAP BELT NOT USED P-NOT REQUIRED W-YES 3-UNKNOWN 0•POSITION UNKNOWN E•SHOULDER HARNESS USED Z 3 0.OT14ER F•SHOULDER HARNESS NOT USED cmt o RESTRAINT PASSENGER 456 G-LAP/SHOULDER HARNESS USED O-IN VEHICLE USED X-NO 7 H.LAP/SHOULDER HARNESS NOT USED R.IN VEHICLE NOT USED Y.YES J-PASSIVE RESTRAINT USED S.IN VEHICLE USE UNKNOWN K•PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW WITCH ARE FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES TYPE OF VEHICLE 1 2 3 MOVEMENT PRECEDING LIST NUMBER r)OF PARTY AT FAULT 2 3 0 A VC SECTION VIOLATED: a DEA A CONTROLS FUNCTIONING A PASSENGER CAR/STA WGK COLLISION VC B CONTROLS NOT FUNCTIONING' B PASSENGER CAR W/TRAILER A STOPPED I B OTHER IMPROPER DRIVING• C CONTROLS OBSCURED C MOTORCYCLE/SCOOTER B PROCEEDING STRAIGHT D NO CONTROLS PRESENT/FACTOR* D PICKUP OR PANEL TRUCK C RAN OFF ROAD C OTHER THAN DRIVER' TYPE OF COLLISION E PICKUP/PANEL TRK.W/TL R. D MAKING RIGHT TURN D UNKNOWN- A HEAD-ON F TRUCK OR TRUCK TRACTOR E MAKING LEFT TURN 0 E FELL ASLE yj B SIDESWIPE G TRK/TRK.TRACTOR W l TLA. F MAY.ING U TURN C REAR END H SCHOOL BUS G BACKING WEATHER MARK I TO 2 ITEMS D BROADSIDE I OTHER BUS H SLOWING/STOPPING A CLEAR E HIT OBJECT J EMERGENCY VEHICLE I PASSING OTHER VEHICLE B CLOUDY F OVERTURNED K HWY.CONST.EQUIPMENT J CHANGING LANES C RAINING G VEHICLE r PEDESTRIAN L BICYCLE K PARKING MANELIVER D SNOWING H OTHER,:_ MOTHER VEHICLE L ENTERING TRAFFIC E FOG/VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN M OTHER UNSAFE TURNING F OTHER•: A NON-COLLISION C MOPED N XING INTO OPPOSING LANE G WAND B PEDESTRIAN C PARKED LIGHTING C OTHER MOTOR VEHICLE P VERGING A DAYLIGHT D MOTOR VEH.ON OTHER ROADWAY 2 OTHER ASSOCIATED FACTOR 0 TRAVELING WRONG WAY B DUSK•DAWN E PARKED MOTOR VEHICLE 3 (MARK I TO 21TEMS) R OTHER:• C DARK.STREET LIGHTS .F TRAIN A vc sECIION v'OLATaN: CITED DARK-NO STREET LIGHTS G BICYCLE One E DARK. STREET LIGHTS NOT H ANIMAL: B vc stcnoN vauTroN CITED FUNCTIONING' ❑rn ROADWAY SURFACE SOBRIETY-DRUGAL I FIXED OB ECT: C vc RECTION v10LATx*t Ono 2 3 PHYSICAL yj A DAY Qvas 1 (MARK I TO 2 ITEMS) B WET J OTHER OBJECT: A HAD NOT BEEN DRIHAUNG C SWMY-ICY D D SLIPPERY(MUDDY.OILY.ETC.) E msION OBSCUREMEHR: B HBO.NOT OT UNDER BMFLU.• INFLUENCE - F INATTENTION' C FMD• U ROADWAY CONDITIONS G STOP i GO TRAFFIC D MBD-IMPAIRMENT UNK.' (MARK i TO 2 ITEMS) PEDESTRIANS ACTION E UNDER DRUG INFLU.- A NO PEDESTRIAN INVOLVED H ENTERING/LEAVING RAMP F IMPAIRMENT•PHYSICAL' A HOLES,DEEP RUTS' I PREVIOUS COLLISION G IMPAIRMENT NOT KNOWN B GROSSING IN CROSSWALK LI UNFAMILIAR WITH ROAD B LOOSE MATERIAL ON RDWY' AT INTERSECTION H NOT APPLICABLE K DEFECTIVE VEH.EOUIP.: -TED C OBSTRUCTION ON ROADWAY- C CROSSING IN CROSSWALK.NOT ❑YEs SLEEPY/FATIGUED D CONSTRUCTION-REPAIR ZONE AT INTERSECTION LINO SPECIAL INFORMATION E REDUCED ROADWAY WIDTH D CROSSING.NOT IN CROSSWALK L UNINVOLVED VEHICLE A HAZARDOUS MATERIAL F FLOOOEO' E IN ROAD-INCLUDES SHOULDER M OTHER% G OTHER% F NOT IN ROAD N NONE APPARENT H NO UNUSUAL CONDITIONS G APPROACH/LEAVING SCHOOL BUS O RUNAWAY VEHICLE SKETCH MISCELLANEOUS F / �1INOICATA NORTH r aqe 2 ( ev 7-87 )OPT 04 i1VJVCICU I VVI E ErLJ_ .>E_V / P',/-iJJ �:BLEi�,F FACE i DATE Of COLLISION TIfAS(2400) RICK N R OF RCER I.D. NUMBER EXTENT OF INJURY( "X" ONE) INJURED WAS( "X" ONE ) OFART. SEAT SAFETY M N PASSENGER AGE SE[ EJECTED ONLY ONLY FATAL SEVERE OTHER VISIBLE COMPLAINT NUMBER POS. EOUIP. INJURY INJURY INJURY OF PAIN DRIVER PASS. PED. BICYCLIST OTHER ❑� ❑ ❑ ❑ ❑ 21 10 1 ❑ I ❑ I ❑ i a NAME/D.O.B./ADDRESS TELEPHONE ITA E L = K All (INJURED ONLY RANSPORTEO BY: /JTAKEN TO: DESCRIBE INJURIES � v c� 0aT-,�e yes 6 VICTIM OF VIOLENT CRIME NOTIFIED ❑'� ❑ 3 1 ❑ 1 ❑ 1 ❑ 1010101 ❑ 101 NAME/D.O.B.I ADDRESS TELEPHONE r2oZ;e-'- T -,F� Sr S �9.SE'e G� - Ivv� lib- (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED ❑#a Cl as 1,07 1 ❑ 1 . ❑ 1 ❑ J/1 ❑ 11110.10 ❑ -❑ I _ C -ceeNT Y1 , ZZA&W7'rt A7ELEPlIONE ONJURED ONLY)TRANSPORTED BY: / j TAKEN T0: DESCRIBE INJURIES V VICTIM OF VIOLENT CAOME NOTIFIED NAME I O.O.S.I ADDRESS TELEPHONE p"JUR[D ONLY)TRANSPORTED BY: TAKEN TO: DESCRISE INJURIES 0 VICTIM OF VIOLDff CRIME NO nR[D ❑� ❑ ❑ ❑ ❑ - ❑ ❑ lo 101 ❑ 1 ❑ NAME 0.0,8 ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED ❑# D D D ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME I O.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES ClVICTIM OF VIOLENT CRIME NOTIFIED PREPI.D.NUMBER MO. DAY YEAR REVIEWERS NAME M0. DAY YEA ��-- //- CHP 555-Page"3(Rev. 7.87)OPI 042 FACTUAL DIAGRAM "1 OAT( O• COlY.- r1M[`'(I.*.) NC.c NUoM•z(w O//IC(w 1.0. V • w DAV /A ao ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE - Sfl� PAa10 "LAM . to M►w5 Ear of INDICATE 7 NowrN A yu�w S vaES -. 1 �a uPt+�LL �. Erllfsi J6fidt 100 t I�� -7 J-i a • _7 i OwAWN •Y 11.0.NUM•(w MO. OAY rw, wCVI[WCRf NAMI I MO. OAr Yw. To CHP 555—Paye 4 (Rev 11 85)OP( 042 TATE ni LIFORNI4 IAH4AJTIVr[/gUPPLEMENTAL ( PAGE DATE-CW COW/I-"/ "7— T'l1E(24m/� � "CIC MU '� OfEK:El—"'Zl O 'Jf'ONE WONE TYPE SUPK.EMENTAL('X'APPLICABLE) ��" // S.NARRATIVE COLLXION REPORT O M UPDATE O IATAL ❑ MT{RUN UPDATE OSUPPLEMENTAL ❑ OTNEIC HAZARDOUS MATERIAL! ❑ SCHOOLSUS O OTHER CITY/CQUNTY/JUDICAL DISTRICT RE PORTING OLS TRICT/BEAT CTAT ION NUMBER LOCATION/SUBJECT STATE WGHWAY RELATED YES NO 1. Acl c 2. -7 (T QRS � - r2iJ /J3 ,P _ - �,✓�/� �,,� ✓EQs 3. - 1 v W '04fer, 4. h,4,0 N -ZM- '17-X - /IA0 5. .� A(,,a A tvN 7. - 8. 10. - e ,i ) r Lv�$ ?1 O,..j 11. 5� tJ(*dl- aAd .%/W 6 ?1 i 12. T E- &2'L Tf! ,•n� a L 13. CIC a -7L NL u7- /T 72)ej 15. ,`f L� A GO/NC - 2 - Z AA,e . 7p /416. 7 c= E ?Z�3NXVE,vT 17. 18. -01 n7 Fes// /C IC��/v- CT7 � u ej es 19. n 20. 21. IQ .LEN 7 F CN 22. (_'1.,^,/,v4 23. 24. 25. 26. ! - 11ZA0 . 27. 29. V-/ ZZ4v v rl.vi!�l t:/ l/�•t Jloll r C fL�G� %� Cao% %/%<: 30. l� �.�.. ✓. / f><ovl �� . / f CT J -?E 31. 32. �_ /.�,� TD PREPARER S NAM E LD NVUSER� ��NTMIDr YEA$,, REVI ERS NAME MONTH/CAM/YEAR CHP 556(R v. 7-87) OPI 042 U-Pf—*06w -41d o ted 87 45312 GTATF ,F ALIF�gNIA • _ NA94 TINE/SUPPLEMENTAL •PAGE DATE OF COWSION. TIME'2Wq NCC NUMBER OFFICER LD NUMBER -X ONE 'l('ONE TYPE SUPPLEMENTAL('X'APPLICABLE) NARRATIVE ® COLLISION REPORT ❑ 8A UPDATE ❑ FATAL ❑ HIT i RUN UPDATE ❑ SUPPLEMENTAL ❑ OTHER MA2AADOUS MATERIALS a 9CH00LBUS ❑ OTHER: CITY I COUNT Y I JUDICAL DISTRICT REPORTING DISTRICT 18EAT CI7ATION NUMBER LOCATION I SUBJECT STATE HIGHWAY RE LAT ED Fl YES NO 2. - �/ t ,Ar N� 3. If f �i�l �lf�v ,- Z- Q 5. 6. N,Tv /r/,�J - 7. Gv 2 /w",0a _ A ch- 8. zey,L caL 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. - 20, 21, 22, 23. I 24. 25. 26. 27 28. 29. 30. ! 31. ! 32. PREPARER ID NUMBER MONTHIDAYIYEA REVIEW ERS NAME MONTHIDAYI TEAR CHP 556(Re .7-87) OR 042 w'�"°�i°�oniun110� M0 87 05312 o 1 r co �O iD (D "•h Lp N C-t CD l 0 O /� 7 i \\ d CLP �ptr r ` CLAIM YBOARD,9r 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 May, 9 , 198 9 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 alciountycCDunse! CLAIMANT: JAMES SMILEY BROWN APR,I 11989 c/o John E. Carey, Jr. ATTORNEY: Carey & Ready Martinez, CA 94553 88 Kearny Street #1303 Date received ADDRESS: San Francisco, CA 941.08 BY DELIVERY TO CLERK ON April 7 , 1989 BY MAIL POSTMARKED: April 6 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 10, 1989 §aIL BAATTCYELOR, Clerkepu ! 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: 13 BY: Pkf\ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) . ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present 1 ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAY 9 1989 PHIL BATCHELOR, Clerk, By D ty 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: MAY 10 1989 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator � 1 JOHN E. CAREY, JR. � CAREY & READY 2 88 Kearny Street, Suite 1303 E San Francisco, California 94108 R E(`;h !E I I I 3 Telephone: (415) 788-7223 APR, 7 1989 4 Attorney for Claimant James Smiley Brown SUP LC� K P R A IVEL R Soa5 oN c. De 6 JAMES SMILEY BROWN, ) 7 ) Claimant, ) 8 ) V. ) 9 ) DANVILLE POLICE DEPARTMENT, et al ) 10 } Respondent. ) 11 ) 12 13 TO THE CITY OF DANVILLE CALIFORNIA, THE DANVILLE POLICE DEPARTMENT; SGT. McHUGH; DEPUTY LAMBERT; 14 DEPUTY ARTHUR SHIELDS ; CONTRA COSTA COUNTY; CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT: 15 16 James S. Brown hereby makes claim against each of the 17 above-mentioned individuals and public entities for sum in 18 excess of $10, 000 and in excess of the jurisdictional limits 19 of the Superior Court and makes the following statements in 20 support of the claim. 21 1. That claimant ' s address is c/o Vacaville State 22 Prison, Vacaville, California. 23 2 . Notices concerning the claim should be sent to 24 John E. Carey, Jr. , Carey & Ready, 88 Kearny Street, Suite 25 1303 , San Francisco, CA 94108 . 26 3 . The date and place upon which the incidents commenced 27 was October 27 , 1988 at Elliot' s Bar in Danville, California. 28 The conduct complained of continued at the Danville Police Department and in the Contra Costa County Jail . 1 4 . The circumstances giving rise to this claim are as 2 follows: 3 On October 27, 1988 at approximately 10: 00 p.m. the 4 claimant was in a lawful manner exiting Elliot' s Bar in 5 Danville, California when he was accosted, mistreated, abused 6 and injured by individuals identifying themselves as officers 7 of the Danville Police Department. 8 Without probable cause and in violation of the 9 claimant' s civil rights, these individuals in the course and 10 scope of their employment as employees of the Danville Police 11 Department and as employees of the Contra Costa County 12 Sheriff' s Department, physically and verbally abused the 13 claimant, falsely detained and arrested the claimant, falsely 14 imprisoned the claimant, testified falsely against the claimant 15 in a subsequent proceeding before the Contra Costa County 16 Municipal Court, conspired to do all of the facts previously 17 set forth, denied the claimant reasonable medical attention 18 having inflicted serious bodily injury upon him, threatened to 19 injure and did injure the claimant grievously. 20 All of the individual defendants conspired to accomplish 21 these acts and the public entities endorsed their conduct 22 after the acts had been committed, failed and refused to 23 properly investigate the charges brought by the claimant, 24 improperly trained and assigned the individuals with knowledge 25 of their prior propensity for violence, maintained an 26 atmosphere conducive to and encouraging of such unlawful 27 behavior under color of law established and promulgated a 28 policy directing and encouraging the unlawful behavior set 2 1 forth above and through the use of threats and other unlawful 2 means attempted to cover up the unlawful behavior and intimate 3 witnesses from coming forth. 4 The injuries were sustained in the City of Danville at 5 the Danville Police Department and at the Contra Costa County 6 Jail . 7 5. As a result of the conduct set forth above, the 8 claimant was denied his civil rights and sustained serious and 9 permanent injury including unremitting severe headaches, eye 10 damage, scars and nightmares. 11 The claimant has also been subjected to long periods of 12 incarceration without bail constituting a deprivation of 13 liberty, suffered substantial pain and suffering, and mental 14 and emotional distress. 15 6. The name of the public employees causing the 16 claimant ' s injuries as set forth above include the Chief of the 17 Danville Police Department, the Sheriff of Contra Costa County, 18 Sgt. McHugh, Deputy Lambert, Arthur Shields, and others whose 19 names are not as yet ascertained. 20 7. The claim at this stage is in excess of $10, 000 and 21 in excess of the jurisdictional limit of the Superior Court. A 22 claim will be made for general damages, for deprivation of 23 civil rights, for medical expenses, for permanent physical 24 injury, for pain and suffering, for lost wages, for future 25 26 27 28 3 1 medical expenses, for property damages, for future lost wages, 2 and for punitive damages. 3 Dated: 4 CAREY & READY 5 6By: --�A John Carey, Jr. 7 Att ney for Claimant Ja s Smiley Brown 8 9 10 James Smiley Brown Claimant 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 PROOF OF SERVICE 1 I declare that: 2 I am employed in the County of San Francisco, State of 3 California; I am over the age of 18 years and not a party to 4 the within action. My business address is 88 Kearny Street, 5 Suite 1303 , San Francisco, California 94108 . 6 On April 5, 1989 I served the within Claim on the parties 7 in said cause by placing a true copy thereof in the United 8 States Mail at San Francisco, California, enclosed in a sealed 9 envelope, with postage thereon fully prepaid, addressed as 10 follows: 11 See attached service list 12 I declare under penalty of perjury that the foregoing is 13 true and correct and that this declaration was executed 14 on April 5, 1989 at San Francisco, California. 15 16 r_... 17 Karen A. Stokkeland 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Danville City Counsel 510 La Gonda Way Danville, CA 95526 City of Danville Administrative Service 510 La Gonda Way Danville, CA 95526 City of Danville Police Department 510 La Gonda Way Danville, CA 95526 Contra Costa Board of Supervisors 651 Pine Street Room 106 Martinez , CA 94553 Contra Costa Sheriff' s Department P.O. Box 391 Martinez, CA 94553 1 a V'u Y 11 W �11 y• o :n 0 h m i 04 asz,5,f! 4.4 cLo � t 4-) 41 u M � 0 UafkDN � O � z4 a -H -u 0 +s >~ r-q o p 0U) o M u kD RI ;SPR 1989 PN`.t.BATCHELOR CLERK GOARD OF SUPERVISORS CONTRA COSTA CO. C ................................. De u a a cod F~ Q ar C? us