HomeMy WebLinkAboutMINUTES - 03131990 - 1.1 (2) a: CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 13, 1990
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: $49.59 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: BROWN, Judith
ATTORNEY: -
Date received
ADDRESS: 818 E. 20th ;#B BY DELIVERY TO CLERK ON February 14, 1990
Oakland, CA 94610
BY MAIL POSTMARKED: February 12, 1990
1. FROM: Clerk of the Board of Supervisors T0: County. Counsel
Attached is a copy of the above-noted claim. pH
DATED:. February 16, 1990
JV Beputt ATCHELOR, Clerk
11. 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: 2-,/ BY: I =A Deputy County Counsel
U \P
I11. 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: NAR 13 1°0
PHII 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 1 am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 1 4 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
w
r CLAIM TO: BOARD OF SUPERVISORS OF CONTRA C
rNyapplication to:
Instructions to ClaimantC!erk of the Board
P.O.Box 911
Martinez,Califomia 84553
A. Claims relating to causes of action for death or for injuryto
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 Distript 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 b ) Reserved for Cler&L'g_,gJ1ing stamps
ECS
Again
st the COUNTY OF CONTRA .COSTA) FEB 14 1990
i��L ISTRICT) M!t°ATfHELC
or
F i 1 i n name ) cte�K OFsoaao �sup r:=v soles
C CGT�.CO. t
The undersigned claimant hereby makes claim again. the County of Contra
Costa or the above-named District in the sum of $ A59
and in support of this claim represents as follows:
---------- ---
- ----------- _ y- -- --- - ------
i. When did the damage or" �in_ 'ur- occur?------ Giv-e-exact date and hour]----
7-3 ( 99a t)&S daAl �Z rJ&9,
--------
-------
W�iere aid .the-a Fagge or injury occur? {Include city---and county)- --
-------------
3. How did the damage-.or injury occur? (Give u11 details , use extra
sheets if.'required)
-----------------r_-_-__-.�-.�-_--T---- .------------- r-- �k-_..
4. What particular act or omission on the part of count T
. y .nor district
officers, servantsor employees caused the injury or damage?
(over)
r t
5. What are the names of county or district officers, Bervants or
�employees causing the damage or in j
extent____-
6. What damage or injuries do you claim resulted? Give full
of injuries of damages claimed. - Attach two estimates for auto
damage)
--------------------------------------------------
7. How was the amount claimed above computed? - (Include the estimated
amount of any .prospective injury or damage. ) L
_ _ _ _ _
8. Names and addresses of witness s, doctors an hospitals.
3. is the expenditures you made on account of this accident or injury:
ITEM AMOUNT
I
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 ,
. _ 1 nature
dr s 1
Telephone No. Telephone Nc 4 —
t***a��r**,t**�f**rt*��**,t��+,t��*,��t*��r*rt,�**.
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, sward or village board or officer', authorized to allow or pay
the same if genuine , any false or fraudulent. clai.m, bill , account, voucher,
or writing, is guilty of, a felony. "
PROPERTY/CLOTHINGRECEIPT
COC. "RA COSTA COUNTY (',41EC. N0. 65309
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DATE: 12-2 i U CMDFt
TIME: MC
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NAME: ' �<.:�. *..1 : L ; WCJC"
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BOOKING NBR: OTHER
CASH:, $ o 7. 1,
SHIRT/BLOUSE ❑ DRESS
❑ COAT/JACKET) ❑ TIE/SCARF
I ❑ SHORTS/PAN'TIES JEWELRY
I ❑ SOCKS/NYLONS
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❑ SWEATER/SWT.SHIRTWATCH
❑ BELT �fT7
❑ 'ANTS/SKIRT
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❑ T-SHIRT/BRA - ❑ WALLET
❑ HAT/PURSE L�j KEYS
❑ KNIFE
_ ED GLASSES
OTHERi1:_
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BKG OFC:
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` CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed�by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 13, 1990
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: $130.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: DOCKIES, Robert L.
ATTORNEY:
Date received
ADDRESS: 597 7th Street BY DELIVERY TO CLERK ON February 15, 1990 (hand delivered)
Richmond, CA 94.804
BY MAIL POSTMARKED:
1. FROM: Clerk of the Board of Supervisors T0: County Counsel
Attached is a copy of the above-noted claim.
February 16 1990 PpHHIL BATCHELOR, Clerk
DATED: Y BY: Deputy
11. FROM: County Counsel TO: Clerk of the Board of Supervisors
r ) 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: 2/�� /9(� By lax ZQAJ n 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 Superviscrs present
(V This Claim is rejected in full.
( ) Other: .
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: M�'R �, 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
Af
err,,
WARNING (Gov. code sec"—on/913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 14 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
�t♦
CLAIP�I 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 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 for Clerk, ' ling stamps
SIV
Against the COUNTY OF CONTRACOSTA) FEB
1519
51990
PAL WCHU01
or DISTRICT) rk g(jA00 OF 5 +isOQs
C
co
(Fill in name) ) co►�j .
e
The undersigned claimant hereby makes claim against the County of Contra
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)
2. Wh re id the damage or injury occur? (Include city and county)
-4(371 --------------------------------------------------
Howth damage or injury occur? (Give full details, use extra
sheets if required)
-vL --�- --------------------------------- -- --- ---
4 . What-p�afticular act--or--o-mission on the part of county or district
officers , servants or employees caused the injury or damage?
(over)
5. What are the names of county or district officers , servants or
employees causing the damage or injury?
-�----- -- - ----- ---- - - ---
6. What damage or injuries do you claim resulted? (Give full extent
OT injuries or damages claimed. Attach two estimates for auto
damage)
7 " Ho was he amount .claimed above computed?
I d
Ho
p ( nclu e the estimated
amount f .any prospective .injury. or .damage.)
p ���
- �--------------------- -------- -------- -------------
:8. Names and addresses of witnesses, doctors and hos .itals..=
— --. -- i --------- -------- i --- --- ij ---
List .the -expendtures .you.made ..on account of ths accident or nury:
:::DATE ITEM AMOUNT
}
f
Govt. "-Code S.e'C" '.'91'0::2 :pr.ov des
"The claim si:9 ned b "the claimant
Y
}
SEND NOTICES TO: (Attorney') or by".some• per ,on "on s his :behalf
::Name ::.and 'Address of Attorney
laimant:s Signature
SS'7 7
'Ad'dress
Telephone .N.o. '-Telephone No.. LL/��02 3S &/ �s�
*.*•*'*.*'�'!c.*'*'�'�'''k.*'*':�t*:��l`***.i:*'*.*'a'*'*'k.li*"k:**'.*�A'''k:*ic:�l'�1`*:*,*:*�'�"A'*'R.*'*..lf'*i.�,**.'A',*'*.�:�1'**I{ la**'k:�A':�1'*.*
NOTICE
Section 7-2 .-.of "the .Penal Code .provides:
"'_'E"very .person .who, :with ::.intent :-t:o ddfraud., ;;Presents,-:f.or ,-al.lowance 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, bil-1, account, voucher,
or .writing, .is guilty .of 'a felony.
» , 4
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
a
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 13, 1990
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: $350,000.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: LONDONIO, Jeannie County counsel
FF L B i ,2 1990
ATTORNEY: Law Offices of �p.
Bruce G. Fagel Date received Martinez, GA 465,
ADDRESS: 445 So. Beverly Dr. , Suite 200 BY DELIVERY TO CLERK ON February 6, 1990
Beverly Hills, CA 90212
BY MAIL POSTMARKED: February 5, 1990
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. gqDATED: February 8, 1990 IL BATCHELOR, Clerk
: Deputy
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: 2 l2 J (� 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 ORD By unanimous vote of the Superviscrs 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:-AR 13 1,990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code sect 13)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 1 4 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR k
NON-ACCEPTANCE OF CLAIM
TO: Law Offices of
Bruce G. Fagel
445 So. Beverly Dr. , Suite 200
Beverly Hills, CA 90212
Re: Claim of JEANNIE LONDONIO
Please Take Notice As Follows:
The claim you presented against the County of Contra Costa or District
governed by the Board of Supervisors fails to comply substantially
with the requirements of California Government Code section 910 and
910 . 2, or is otherwise insufficient for the reasons checked below:
1 . The claim fails to state the name and post office address of
the claimant.
2. The claim fails to state the post office address to which
the person presenting the claim desires notices to be sent.
x 3 . The claim fails to state the date, place or other
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.
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) , theiclaim 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,, C my Counsel
/`D .
I�D
By: f
Deputy Co Counsel
CERTIFICATE OF SERVICE BY MAIt
C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. §S 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: °��\ �D , 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)
I
1 LAW OFFICES OF BRUCE G. FAGEL
445 South Beverly Drive, Suite 200
217
Beverly Hills, California 90212 j
3 (213) 277-1288
4 Attorneys for Claimant F E B 61990
C CLERK BO!'J.D'0F 5l.1r"EP"SU"5
C6 .......... CUS71 CU.
.. !. Deur
i
6
7 CLAIM FOR DAMAGES AND PERSONAL INJURIES
JU S
i 8
I i
I 9
i
10 JEANNIE LONDONIO, ) CLAIM FOR DAMAGES AND
PERSONAL INJURIES
11 Claimant, )
GOVERNMENT CODE §910
12 )
vs. )
13
14 COUNTY OF CONTRA COSTA and )
MERRITHEW MEMORIAL HOSPITAL; )
15 DOES 1 to 50, Inclusive. )
16 )
Respondents. )
l 17
18 )
19 TO: THE COUNTY OF CONTRA COSTA, a political subdivision of the State of California and
I 20 MERRITHEW MEMORIAL `J.OSPITAL, a public entity, owned and operated by the COUNTY OF
21
CONTRA COSTA:
22 You are hereby notified that JEANNIE LONDONIO, whose address is in care of her Attorney,
23 Bruce G. Fagel, 445 South Beverly Drive, Beverly Hills, California, 90212, claims damages from the
24 above-mentioned entities and individuals in the amount, computed as of the date of the presentation
25 of this claim of $350,000.
26 The Claim is based on the wrongful death of her daughter SABRINA ANN LONDONIO born July
27 29, 1989 at said hospital. The child died August 26, 1989 at Oakland Children's Hospital.
i
2$ The child died from negligence from the care and treatment rendered by physicians, nurses and
1
f '
i
j1 other employees of the above named county and hospital to the child and the child's mother, whose
2 names are unknown at present. Said Claim is also based on the negligence of the hospital in
3 selecting and periodically reviewing the competence of its medical staff and other hospital
4 employees and failure to obtain knowledgeable informed consent.
The names of the public employees causing the child's injuries and her death are unknown to
5
Claimants at this time, although according to present information they are nurses, physicians and
6
other medical personnel employed by said hospital.
7 The damages to Claimants consist of the death of her child, including the loss of love,
8 companionship, comfort, affection, society, solace and moral support, as well as the loss of financial
9 support during the Claimant's and her daughter's common life expectancy. Also claimed as
10 damages are the last medical expenses and funeral expenses for the deceased child.
11 General Damages and Pecuniary Damages: 350,000.
12 Medical Expenses: Unknown.
13 Funeral Expenses: Unknown.
14 All Notices or other communications with regard to this claim should be sent to the claimants in
15 care of her attorney.
Dated: February 5, 1990
16 LAW OFFICES OF BRUCE FAGEL
17
18 By
Bruce G. Fagel, .D., 0
19
20
i 21
22
23
i
24
25
26
.27
28
/wootlwarl/pov910/
/rPaM/D9(/ 2
02/05/90
i
1
PROOF OF SERVICE BY MAIL
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am a resident of the county aforesaid. I am over the age of eighteen years and not a party to
4 the within action.
5 My business address is 445 South Beverly Drive, Suite 200 Beverly Hills, California 90212.
6 On February 5, 1990, 1 served the within Claim for Damages on the interested parties in said
i
7 action, by placing true copies thereof enclosed in sealed envelopes with postage thereon fully paid,
i
8 and also by Registered Mail, in the United States mail at Beverly Hills, California, addressed as
9 follows:
Clerk of the Board
10 Contra Costa County Board of Supervisor
651 Pine Street
11 Martinez, California 94553
12
13 1 declare under penalty of perjury under the laws of the State of California, that the foregoing is true
14 and correct.
I
15 Executed on February 5, 1990, at Beverly Hills, California
16
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 13, 1990
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: $222.02 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: NELSON, Gary
ATTORNEY: J
Date received
ADDRESS: c/o 5340 Lawton Avenue BY DELIVERY TO CLERK ON February 9, 1990 (via Clerk's)CD
Oakland, CA 94618
BY MAIL POSTMARKED: February 5, 1990
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim, ppHH gg
DATED: February 16, 1990 BYIL DeputyLOR, Clerk
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: 2 2 G BY: 1 ` " 'l Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel -0) 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 o.f the Board's Order entered in its minutes for
this date.
Dated: MAR 1 .1 199(1 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code sect' n 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 14 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
;A Tn.• BOARD OF SUPERVISORS OF CONTRA COTeAuZRYiWgl application t0.
Instructions to Claimant Clerk of the Board
P.O.Box 911
A. Claims relating to causes of action for death or forninDurynto4533
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 ) Reser ng stamps
Ag &F-g OeLSONJ RECEIVEI�
00 53gO LOTW K. 0AXL01, ,ek,%j8 � 1990 V+ T C�k,S
FEB 9
Against the COUNTY OF CONTRA COSTA)
PHIL BATCHELOR
or Akkit k DISTRICT) 6 CLERKBOARDOOSTACo50
(Fill in name) )
. The undersigned claimant hereby makes claim against the County of Contra
Costa or the above-named District in . the sum of $ , `�o� _
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)
'AQ�����
---- ------------ ---------------------------------------------
3. How did the damage or injury occur? (Give full details , use extra
sheets if required)
-----------=---------------------------------------------------------
4 ---
. What particular act or omission on the , part of county or district
officers , servants or employees caused the injury or damage?
(over)
INCIDENT REPORT
CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT
s
INCIDENT
INCIDENT: LOW p/1.Sp( . FACILITY: V�,r- REPORT #: 9O - ��.
DATE/TIME 1/3/cj0 DATE/TIME C�3/qo
LOCATION: OCCURRED: 1 REPORTED: I
INMATE: /14 i �Z BOOKING #: 9 j-)ZOUSING
ASSIGNMENT:
Last Firsy Middle
WITNESS(ES) -- LIST -- Name - Address If an inmate, give booking #:
SYNOPSIS: NEt%MQ1,A I AJ& (!!7!0 G4&.
NARRATIVE: rcZ.�p�J is CC ,�� kfcr- C'i6-t...t_� /V CTT-
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ACTION TAKEN/RECOMMENDED:
1101
RE RTI G EM OY E # SUPERVISOR # ATI NS DIRECTOR #
O.D. ROUTING INSTRUCTIONS:
White to Facility Manager - Yellow to Booking File - Goldenrod to Inmate By:
Pink to Lineup Board Page one of
Rev. 3/85
LJ .l53Q_ .._ CONTRA. CUSTA (7E)IINTY OFFTCF n;+TE : 12/_13/•99
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 13, 1990
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: Undetermined Section 913 and 915.4. Please note all "Warnings"
COUJAY
CLAIMANT: O'CONNOR, Betty
ATTORNEY: R. Kenneth Bauer
Belzer, Jackl, Katzen, Hulchliy, Date received Martinez A7O,;` ,P,
ADDRESS: Muray & Balamuth BY DELIVERY TO CLERK ON February 9, 1990
2033 No. Main St. , Suite 700
Walnut Creek, CA 94596 BY MAIL POSTMARKED: February 8, 1990
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Februar 9 1990 QQHHIL BATCHELOR, Clerk
DATED: Y 8Y: Deputy
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
� ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
AA,
Dated: BY: ) _ /J&� � A 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 Superviscrs present
(k1rThis Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for
this date.
Dated: MAR 13 1990 PHIL BATCHELOR, Clerk, By ,L,� _ Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 14 1990 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 crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual: of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 1069 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 ue
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
Betty O'Connor � RECEIVED�i 1
Against the County of Contra Costa ) F E B 9 1990
or 1)
/ PHIL BATCHELOR
District) CLERCO ARD FSUPCOSORS
Fill in name ) 8 ............ A TADe
The undersigned claimant hereby makes claim against the Co of Contra Costa or
the above-named District in the sum of $ 50, 000. 00 plus and in support of
this claim represents as follows:.
-------------------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
On and after September 12 , 1989
-------------------;
Where did the damage or injury occur? (Include city and county)
Occurred at Merrithew Memorial Hospital
------------------------------------------------------------------------------------
3. How did the damage or injury occur? (Give full details; use extra paper if
required) .-Claimant received negligent medical treatment for broken wrists,
in that the right wrist was not reset as needed, and the splints were
improperly removed from both wrists and replaced by improper casts.
------------------------------------------------------------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
Claimant' s right wrist was not reset as needed. Claimant' s splints
were improperly removed and replaced by improper casts.
(over)
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
Dr. Beck and Dr. Gross
-------------------7-7--------------------------------------------------------------
6. What damage or injuries .do you .claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Malformed right and left wrists; partial loss of use of digits on
both hands; resulting surgery and bone graft; pain.
---------------------------------------------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.) .
Adding medical expenses incurred, estimated future medical expenses,
estimated lost wages and compensation for pain and suffering.
-------------------------------------------------------------------------------------
R. Names and addresses of.witnesses, doctors and hospitals.
Dr. Beck, Dr. Gross and Dr. Nottingham, Merrithew Memorial Hospital,
and Dr. George Sutherland, 2230 Gladstone Drive, Pittsburg, California.
--------------------- --------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Medical- --expenses - and ,.lost wages incurred as a result of the complained
of act`s.�drid'-Fomiss iones`have not yet been calculated.
Gov. Code Sec. 910.2 provides:
a
"The claim must be signed by the claimant
�,:, , a .
SEND NOTICES T0: "{Attor. .�.ney.; )'� or by some person ori bis b alf."
Name and Address`of`"Attorney
R. Kenneth Bauer Claimant s ignature
Belzer, Jackl, Katzen, Hulchiy
Murray & Balamuth
2033 No. Plain St. , Ste. 700 Address
Walnut Creek, CA 94596
Telephone No. (415) 932-8500 I Telephone No.
* �t
N 0 T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
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LAW OFFICES OF
BELZER, JACKL, KATZEN, HULCHIY, MURRAY & BALAMUTH
THE PERI EXECUTIVE CENTRE
2033 N.MAIN STREET,SUITE 700
V.JAMES JACKL WALNUT CREEK,CALIFORNIA 94596 TELEPHONE(415)932.8500
ROBERT A.BELZER
LINDA R.KATZEN TELEFAX:(415)932.1961
NICHOLAS P.HULCHIY
WILLIAM J.MURRAY
WM.BARRY BALAMUTH
CHRISTOPHER J.JOY March 1, 1990
GLENN H.WECHSLER
ESTHER HERRERA
R.KENNETH BAUER
� � �
BRENT K.NOMORA
MURA 4
GREGORY A.MILLER
MAR 21990
PHIL ?ATCHELCR
CLFRK.COARD OF SUPERVISOR;
Clerk of the Board of Supervisors c -ACO De ur ,
Room 106 , County Administration Bldg .
651 Pine Street
Martinez , CA 94553
Re : Betty O 'Connor
Dear Clerk :
Enclosed please find a copy of the claim of Betty O'Connor
which was previously forwarded to you by this office via first
class mail. The enclosed is a duplicate ,of that claim and is
being sent to you by certified mail. Thank you.
Very truly yours,
BELZER, JACKL, KATZEN,
HULCHIY , MURRAY
&� �BALAMUTH
Catherine Irvine, Secretary
Enclosure
0 i
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
Dr. Beck and Dr. Gross
--------------------------------------------------
What damage or injuries .do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Malformed right and left wrists; partial loss of use of digits on
both hands; resulting surgery and bone graft; pain.
_M.__________________________________________________________________________________
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injuryor damage.) .
Adding medicaexpenses incurred, estimated future medical expenses,
estimated lost wages and compensation for pain and suffering.
------------------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Dr. Beck, Dr. Gross and Dr. Nottingham, Merrithew Memorial Hospital,
and Dr. George Sutherland, 2230 Gladstone Drive, Pittsburg, California.
_—_____________________________________________________________________________.a___
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Medical expenses and lost wades incurred as a result of the complained
of acts and omissions have not yet been calculated.
Gov. Code Sec. 910.2 provides.-
"The
rovides:"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some person on bis alf."
Name and Address of Attorney
R. Kenneth Bauer Claimants ignature
Belzer, Jackl, Katzen, Hulchiy
Murray & Balamuth
2033 No. Main St. , Ste. 700 Address
Walnut Creek, CA 94596
Telephone No. (415) 932-8500 E 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.
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT ;March 13, 1990
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: $4,687.52 Section 913 and 915.4. Please note all °Warnings".
CLAIMANT: SAECHAO, Yoon Choy and
Manh Fuey
ATTORNEY:
California State Automobile Assoc.
Date received
P.O. Box 7
ADDRESS: San Pablo, CA 94806 BY DELIVERY TO CLERK ON February 15, 1990
(via Risk Mgmt.)
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. QQHH gg
DATED: February 16, 1990
JV DepuLyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
� ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: BY: I'' Deputy County Counsel
-r
III. FROM: Clerk of the Board TO: County Counsel (1) County Admini rator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
Wf*�This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: MAR 13 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 1 4 1994 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
JULIE AU1r:?'K
,Claim For Damages �EB 15 1990
In accordance with Section 910 of the California Government Code,this is to formally place you on notice
of our subrogated claim for the loss described below.
oUity Dat : 19�
' 151990 ��
California
Claim is hereby made and filed against the
----I - i�l /) ,/ /Y /I
follows:
Insured/Claimant's: Ugaz a �,
ARO-74 AK
California State A omobil A sociati n nter-Insurance Bureau
Address of Claimant: G4 / ��
(Send notices to this address) L. � (`J"�'�/
Reference File
Date of Occurrence:
Place of Occurrence: U
Nature and
Items Making up said Amount:
Name of Public Employee(s) r
causing said Damage(if known):
Metails:
t 1E 1)
FEB 1T 1990 CAr
State Automobil As cia n
Ina' c Bur u
PHU SATCMEIOil
CLERK AREO OFOSUPERVISORS
s B
•.ev.11-87)
<���,. assignment of claim and
"�� subrogation agreement
In nside atio o the pa ent the undersigned of esum of
❑ a sum estimated to b
�•I� i
Dollars, being the full amount of losand damage insured against under an automobile insurance policy, number
l 373 l issued to the undersigned by the CALIFORNIA STATE AUTOMOBILE ASSOCIATION
-36INTE -INSURANCE BUREAU, loss and damage having occurred on or about the ay of
'
19 , the said undersigned hereby assigns and transfers to said Bureau
Csaid clai (n the above amount ,plus additional claim for damage resultiinggfrototal m said accident, not
covered under said policy of i surance, in the ount of$ , constituting`b El a total estimated claim
/-/
in the amount of 6—_,
Said Bureau is hereby subrogated in place and stead to the extent of the a v amount of the said
total claim and is hereby authorized and empowered to sue, compromise or settle in name or other-
wise to the extent of said total claim for loss and damage, and to endorse in my name any check made payable to
me therefor, and collect and receive any money payable thereby.
The undersigned covenants that ha��not released or discharged any such claim or demand a ( st
a
such party or parties and that ill furnish to said Bureau any and all papers and information in
possession, necessary for the proper prosecution of such claim.
Dated a this day of 19
WITNESS
F1433 (.REV.7-77)
� f California State Automobile Association Inter-Insurance Bureau 02234176 s
DATE OF LOSS CLAIM INSURED'S NAME - t••73
JUATE
t e 7 -IJ ..!I""!P CHAIO Y! 11,} . �:r��.l'{ - i!..}'--1.CT--r✓�'
POLICY—TYPE• IND OF LOSS -SUFFIX _ JCLAIMANTS N..ME PAY rn-i
l7 1
aN
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o
D.O. ADJUSTER NO, IN PAYMENT OF to I
.►. - Through O D
Security Pacific National Bank 11-4
r'`r(� - ^ 4 �. T f i(� r -•C'-• "" �' �}c .t _ Sen Francisco Main Office$0512. 1210 2 3 t
One Francisco
eroMai Center !i
PAY - San Francisco.CA 94111 - _v)
M }
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TO - i - �- � C r r I �_,'1- AUTHORIZED SIGNATURE
THE
ORDER �'t�,l.!..F• ._1�:., �::r.. �.;,xFC .,r; - . ., . NOT NEGQTI-ABLE
OF
D.O. COPY
California State Automobile Association Inter-Insurance Bureau 02243-8992
O/O 02,2
DATE OF LOSS CLAIM �t^ INSURElD''StN1AME \- { �[ �UATE^ t�
r� _1 ci�� �1C "_. 1 I tit i I,.}:t -�L ..!T',,r ..l�1 NI
C, 7.11orrl? L,r'.'J0 ii 1JC?
0 --..i'._. i. In
POLICY—TYPE KING OF LOSS SUFFIX CLAIMANT'$NAME PAY Z'i
OS
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I l � Ar.. r'F�rCi, YC�C�LJ, C11�_1'r` st4, �Ct`. 1.�r Mo
D.O. ADJUSTER N0. IN PAYMENT OF:
Through 11-4 O.T
security Pacific Neff onot Bank
r•• San Francisco Mein Othce$0512 1210 ;
s �' 161. 14 ACTUAL C 11,_.,r� 'Y I.„_.U?
One Embercadoro Censer C
San Francisco.CA 94111 m
PAY . - .1 I r..rt.i..:' -F :: S';1 X FIU1'vr.fREI) r:v11!E tom,!1.::;1. KM
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TO f��.�L" I Ifil'+II"7 1 ��,ITT` r�P i:::=�•I'•i F't 1-' AUTHORIZED SIGNATURE -
ORDER 6 yy DIE) ._ � #:. q �l�t!'$`�.i�BGbTi�A-BLE .
OF R1LH1%_1IJjUl CA Cj' `'a-01
D.O. COPY
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�{ t:`Cli='f�h7•: :i �t:�t:Jl' r•ai�iCE SAL�l�IBY POOLS . LOT* A 902 69 �
�K -282 5TH STREET li'SURANCE -SI.L LIN
:.VAL_L_E,.1Ci, CA 94590 TN!'OIC:C= ROW. . L..Z
*, f0i...644-•:•4468 :.i!C,' '09/,gT' DATE RECEIVED. -. iD i)6/89: �
.........._.__'_..............._.._...._.. ._..._-.-._..___.___..__ti_.__.__ __._____—_. ____...__._
C::i:l M f'A i'd'r'. .":, . . SPA—CA. STATE Fit_►TO ASSOC .C A L..L_E::I?, x
ADJUSTER. . . . ,JAMIE:: HOL:.I...AND I'N URE::D. . RACCHAf_!, YOCiN 40/04/89
#i
PHONE. . . . . . . 40-233-8800 OWNER„ . . . .SAME �.
I:{O O CITY. . . > .:A id P(1 I:•I_C: to{._A 3:i`S,r. . . ,:6 I'7 1 r,..
BOO F`HONE . 41.5...'2 ,;,...SL BOO SEQ/UNI t:. 0/101S g
VL:::L'fICCE::. . .05 BLUE.: DODGE is /VISTA L..IC . . C;A—IMVJ007
>+: I:)OMAGE:: . .. R/SDE: VINO. .. . .JI.3LrG49I?QF Z80 7 6"i
+: Ff'':[:lM. . I:;A'Y' AREA FRAME TO. . C i if'ART SERVICE 'r:ARD VF1L.I..E JO
22% MARKET AUE. 282 5TH STREET
44-4468
#�#+:#i#i•#r:)}:#k#+:,#i•h:#+:h:•h:-h:#f§+:•�:#t•#+:#i••>i•#+:•#+:#+:#i•#Fi#i#t)+:•N:#i-#+:•)4 i{-k#i.,`z'.:�•#+:#(1+:#t•#i•#+:#+:#•i+#F 7t••h:#+:�n:t•}.�.:#+i)i..h:-U:3+:)+:#+:�a:•7+:-#+:at i+:#i-•ii•�P:•h:#�:'�:#i#(•i+:#+:•)[•N:#t.�..yi.
ITEM )}. CHARGES AND RECEIPTS
-r: :
:L 1.,)/ ->`r/09 i Etr::,p-1<;;`('ORT, t:;l-IARGE O E'Ci(:iL Q ;20
#+: 2 10/09/09 I-'...O f.. I N G SERVICE HARGC_ 41. .. () #c
TOTAL AM06NT DUE— $82.40
+:
MAKE CHECKS PAYABLE T C't C C i I'i"t F:i' INSURANCE SALVAGE POOLE
#+:•ri:#+:#i..j;.#k)+:#��#+;#i#G�ii#+:•A:•#,;�ii�#+i#+:#+:)+r i�:#+;#+:#t.p:.)+:#+:#;.•k#i 3+:•?+i#+:•N:•h:#i•9i�+:•#+}#i-#:#i•u#+:•li#+;#t##+:#i•�N:#;#i#+:#i-#(u:•k•u:•�:#k#r..a:Ni#i•tt•#i•#+:)f.•#i#i•�:.#f-)i•#i•#i-#i�#i-�:
• s
4
..9!A, �r¢5t l - � ,,...-�bv�•,.t�r a.n�� .. .n. �_ti-o �.. . .. .. ". � ....»., i.., ..� f. -. v ..._ ; ,tee_•v �. .4�.
. r .
1% <*>—P roof of loss ctaimNo.06-T73733-3 .
receipt and release Policy No. Data Policy Exp;rea
T73733-3 9-24-90
According to the terms and conditions of the Policy of Insurance identified above, the California State Automobile
Association Inter-Insurance Bureau (Bureau) insured SAECHAO,YOON,CHOY against loss to the automobile,
described in said Policy as follows:
MakeYear Body Type Engine Number '
DODGE ` 1985 , 4D WAG ` JB3BG49DOFZ803768
A loss cauped by COLLISION occurred on they 30TH day of AUGUST ' 1989
about the hour 1:30 P. m. the particulars of which are as follows:ON THE DATE AND TIME
INDICATED MY VEHICLE WAS DAMAGED UNDER THE CIRCUMSTANCES CONTAINED IN MY LOSS REPORT.
CLAIM IS HEREBY MADE FOR THE ACTUAL CASH VALUE OF THE VEHICLE AS INDICATED BELOW.
The vehicle will be retained by: bureau ❑ Insured
The loss described was not caused intentionally or otherwise by the design, procurement,or fraud of the Insured, nor by
any agent or aro., other person acting for or on behalf of the insured.
There is no other insurance in force as to this loss.
There is no lien, conditional sale contract, bailment lease, or other interest in the described automobile except:
Loss/Damage Less Amount of Deductible Other Deductions Amount Claimed Due by the Insured
$ 4,605.12 I$ �$ I$ 4,605.12
In consideration of the payment of FOUR THOUSAND SIX HUNDRED FIVE & 12/00 ($ 4,605.12 )
the Insured hereby assigns,transfers and sets over to the Bureau any and all claims or causes of action of whatsoever kind
and nature which the Insured now has,or may hereafter have,against any person or persons as the result of the occurrence
and loss as described above,to the extent of the payment above made;the Insured agrees that the Bureau may enforce the
same in such manner as shall be necessary or appropriate for the use and benefit of the Bureau,either in its own name or in
the name of the Insured;that the Insured will furnish such papers, information,or evidence as shall be within the Insured's
possession or control for the purpose of enforcing such claim, demand, or cause of action; and
The Insured understands and agrees that the furnishing of this form or the preparation thereof by any adjuster or agent of
the Bureau is not a waiver of any rights of the said Bureau. 12/00
The insured acknowledges receipt of the sum of FOUR THOUSAND SIX HUNDRED FIVE & ($ 4,605.12 )
and hereby releases and discharges the Bureau from any and all liability whatsoever for any claim under Policy No.
T73733-3 for the loss or damage described above and further acknowledges receipt of said amount in full satis-
faction for all such claims or demands.
The Insured acknowledges receipt of the sum,of FOUR THOUSAND SIX HUNDRED FIVE & 12/00 $ 4,605.12
Paid under his direction as follows:
To SAECHAO MANH FEUY the sum of $ 4,605.12
To the sum of $
To the sum of $
*IMPORTANT—READ OTHER SIDE BEFORE SIGNING• } -
INSURED
DATEL'I ' �� t9�LI
J INSURED
WITNESS:
.Rapti IRer.5-BB)
^ - 1, UnGi1
"+.r;♦ CALIFORNIA STATE AUTOMOBILE ASSOCIATION S I� / J
POLICY N0.
?!E9ISTRATION
r.A.
NAME OF R�FfstSTERED OWNER r- `
`° PATE OF,LOSS
NAME AND ADDRESS OF LEGAL OWNER
LIfENSE If jATE EXP.)DATE
_..VEHICLE I}}J►. r, � j �x t,.
\`VEHICLE DESCRIPTION VEHICLE CONDITION
ItKE TYE7R - MiL E VALID RATING E
EXCELLENT/VERY GOOD/GOOD/FAIR/POOR
M DEL .� t BOOY STYLE, BOF1Y' PAINT' INT�RIOR' MEGJHANICAL'
4
EDITION . DOORS TIRES
RF 2/ %WORN LF /32 %WORN
COLOR RR %WORN LR /32 %WORN
INTERIOR: +±a`.4-_C - EXTERIOR: SPARE /32 %WORN ❑SPACE SAVER TYPE
SPECIAL PAINT PRIOR.DAMAGE:'t ._ .,, ,r,
D METALIC D TWO-TONE ❑OTHER(DESCRIBE)
ENGINE CYLINDERS E f r jj
d-GAS D DIESEL CJ ROTARY 2 3 4` SIZ
5 6 B 12
RANSMISSION -` ) I AMOUNT
AUTO ❑5-SP ❑4-SP [13-SP ❑OTHER - - `� $ F
s
OAUIPMENT KELLY FLUE BOOK ~~
POWER EQUIPMENT SEATS RADIO WHEELS ROOF OPTIONS ITEM ADD OR DEDUCT
WHOLESALE RETAIL
13
Air Gand 0 Power ❑AM ❑Mags ❑Vinyl 7777 A
Pwr Brakes 'U Bucket ZD AMIFM D Alum ❑Sun Man
Pwr Steering ❑Bench AM/FM Stereo ❑Spoke D Sun Else
D Pwr Windows D Split b AM/FM Tape ❑Wire ❑T Top
0 Pwr Locks O Leather ❑Tape Only 0 Wire Cap ❑Other(describe)
C1Cruise Cntrl ❑Vinyl ❑Factory CB ❑Sport I.QTHER
❑Till Wheel ❑Cloth ❑CB ❑Rallye RW Oe(og
O Remote Mirror Velour ❑Dix Sound Other(describe)` L.i Digital Inst
❑Pwr Antennas ❑Other(describe) O Digital AM/FM ❑Keyless Entry
❑Other(describe) ❑Tinted Glass
SPECIAL EGUIPMENTICOMMENTS + MILEAGE:ADD Op DEDUCT
TOTAL /"r}'.V @
w,.K�....,i..
VEHICLE CURREAT Sf*TUS i f't"tet a
AUTO LOCATED 4 / DAILYRATE CHARGES T TE APPRpX"VFiL�IE OF VEHICLE
IS BUREAU TO WQ YES HAS VEHICLE BEEN ORD YES L N0. DATEARDERED KEYS YES PINK 8 REG. OU YES
RETAIN VEHICLE? U NO EKED TO STORAGE YARD? 0 NO /.O J y ATTACHED? D NO ATTACHED? ❑NO
INSURED'$ LIST PROPERTY IN VEHICLE IF DATE INSURED WAS ADVISED ITEMS ARE MISSINGISTRIPPED FROM
PROPERTY ANY,ON INSPECTION REPORT TO REMOVE PROPERTY: VEHICLE(LIST ON INSPECTION SHEET)
SIDS
FROM 1}f :; I ` / cf.: „) 2) �i�Z i• t �NY� i r 3} L
AMOUNT: $ (.; r .Si• �� �r t� C� v E
:.DEALER QUOTES
(USUALLY 3-IF NONE ON HAND,WHAT PRICE WOULD VEHICLE BRING?) ❑RECONDITIONED ❑AS IS(PRICE BELOW)
NAME OF DEALER SALESMAN ON HAND ASKING PRICE SELLING PRICE REMARKS-IF ON HAND,MILEAGE
3)
SETTLEMENT
VEHICLE E �. .G05F--_--"---._..._.� LOAN NO.---„-,..--______ ET PAYOFF__,-GOOD UNTIL--'000TED BY--
0 NEW 0 USED j
DA1 MW/ 7; ENDERED S7I:EM * D
a 15�- 4:7.L-1 ACCEPTED
ACTUAL CASH VALUE SETTLEMENT
/ r�
/r.- 4` LESS DATE
REVI E Y,SYP OR TE rf K
ADJUSTMENTS a '/
NET-ACY = l NET f��' f) / f APPROVED BY DGM.
SETTLEMENT S /4 �'�'/ a`
USE TAX-ACV = 9t i` .s/” APPROVED BY DCM OR SUPERVISOR DATE
COMPROMISED SETTLEMENT '
(INCL TAX LICENSE) t
DMV LICENSE _
r' � / REPRE$ENTAT)VE ,t', j, D. _ DATE,
TOTAL S
F1439(Rev.t-BBI
%' Fr.Y,,"rN POCECSIN- SALVAGE
STATE Of CALMOftaA- 3
TRAFFIC,COLLISION REPORT PAGE of
t SPECIAL CONDITIONS NUMSER WT RUN Or" iUONXAL STRKT LOCALREPORTMRRi£R
j 4 NJUAILD FELONY _
i / +
NUMBER NRA RUN CoLoot. REPOIRINO Do.POC, SEAT ��-
KILLED "SO.
C-O'Aj-ron os
LUIRfOFL,OCCURREO ON i w l f� ..e 1`-S;:�'• MO. I DAY + Y A Twa CNON) NGC S OFFICER L D.
o W_ L-11 .L-�fJ --- �'-'�=--------_--.%"_lii
"POST NFOTIMATIONl — it� DAY Of MEEK TOW AWAY TOORA►NS by: .
t- a
NINO
U PEETIwt." of SMT F S ❑YEt
QAT OITERSECTIdt W}TH STATE NW REL.
DOR: PEETI WLEs of C ❑YEt t NONE
PARTY DRIVER'S LICENSE NUMBER STATE CLASS SAFETY VEN,YEAR IMODEL I COLOR ENSENUYSER STATE
i77, . . . . . . . . . . .
DRIVER NAME(FIRST,WDOLE,LAST) t j?
❑ .r- of IV /�Y f.0—lr .
..
PEDES- STREET ADDRESS oYFNER3 NAYS ❑BAWE At ORNAR
TRIAN
PAAKEO CITY I STATE ZIP OWNER'S ADORE" ❑SAY[At DRNER
VEHICLE
{ICY. SEX I twR EYES "EJOHTWEIO BIRTHDAYS, RAC[ DISPOSMONOFVEMCLEONOROERSOf: ❑OFFICER [)DRIVER ❑OTHER
YEAR
'co I EP `s ), Dfc = 0 W
OTNEA HOME PHONE - BUSINESS PHONE
(� 1 �Jt ,r^���� NOR YECNANKAL pLKCTi: �NONE APPARENT❑ REFEA TO NARRATIVE❑
❑ \ 31 5-531w, {L���If) ��"�j, G+1 �+ CHP USE ONLY DESCISS£VEHICLE DAYAOE &MADE IN OAYAGEO AREA -
I VEHICLE TYPE
INSU ECARRIER POLICY NUMBER ❑LNK. ❑NONE ❑WHOR .
1 = MOO. MAJOR DTAL
gR.Of ONSTRESTORMGHWAY SPEED PCF ICC[
AVEL uWT go w�,. ►LIC❑ '
G! "✓ CNP❑
PARTY DRIVER'S UC ENS&NUMBER ^y STATE CLAD SAFETY VEK YEAR MAK£1 YODEL I COLOR tNSENUMBER STATE
'� � !�� Sour. �
�` . L ` . .� -f �'r.,�?}'j . . (A v?"30 .
DRIVER NAME(FIRST,WOOLS,LAST)
Ing MAO 1�
P DES- TR ADDRESS OWNER7 NAYS �SAAfE AS DRIVER
7'NAN 1\ � %� rte"
❑ S1 _ 1 �17 TZ Lr
PARKED CIT%;, TE I ZIP i OWN£RTi ADOAtSS E AS ONVAR
VEHICLE
INCY. X "AIR EYES "EAGHT WEIGHT YOCUST =RI DADYEA
ATTI R RACE DISPoStnONOFY[FBCLEONOROERSOF: - ❑OFFICER DRIVER ❑OTHER
SE
OTHER HOME PHONE BUSINESS P`HON[ PRIOR MECHANICAL DEFECTS: NONE APP ARENTa. - REPEA TO NARRATIVE❑
❑ ( CHP USE ONLY DESCRIBE VEHICLE OAMAOE SHADE W DAMAGED AREA
INSURANCE CARRIER - POLICY NUMBER VINCIIITYPt ❑ Tp{'
_ INK, ❑NON[ =/'�(WNOA
_ ❑MOp. MAJOR 13'`TOTAL
WR. ONSTREET OR iWttWAY SPEED PCF R:C❑
UYR
CIHJCPO •LE
PARTY DRI ER'S LICENSE NUMBER STATE CLASS SAFETY VEK YEAR NODE I cJZLR a ENS& UMBER STATE
EoVIP. LVJ������
DRIVER NAME(RAST,WOOLS,LAST) 5� `
1:1 V)I. ov
PEDES- STREETADDRESS - R'S NAME SAY ASDRIVER
Ta S�
PARKED CITY I STATE IZIP OWN ADDRESS SAYE • A
VENICLE - (f"/
❑ ciaTC A /
BICY- SEX I NAIR EYES "&IGHT WEEGHT MO SI p�+ATEI YEAR f " SP oNOFV LE oR6£RSOf; ❑OFFICER ❑DRIVER. ❑ THEA
OUST I 1 _
r
Om£a HOME PHONE iuBl"ESS PHONE PRIOR YE NIAl $DEfEtTt. E AP►AR R£FERTO NAARATIVE❑
❑ ( ( } Ic 1YV. CH USE ONLY EHICLE OAMAOE SHADE N DAMAGED AAEA
Y[ CLE TMP[
INSURANCE CARRIER POLICY NUMBER
❑UFBL C3NDNE ❑MINOR
_ .❑MOO. ❑MAJOR ❑TOTAL
pIR Of ON STREET OR MOHWAY optLIMIT ICC
TRAVEL I ED PUC❑
CNP❑
PAEPAAER'S HAMS DISPATCH NOTIFIED REVIEWER'S NAME GATE REYiEwEp
❑YE$ Cl NQ cr IIA �GT. W. GIBISIG 31198
CHP bis PAGE -8111)(Row 1JI$j OP!DA2 se .ncnt ..
STAT[O F CAUFORNIA - -
1"IRAFFIC COLLISION CODING FADE 7�
DATE OF CO SIGN - -� �- TIME(]A00) NGC NUMBER_ OFFICER 1.D -7 NUMBER
MO.' DA�7C YEAR'S .A LJ ��=G7 \ L-�•
' "� OWNER'S NAME ADDRESS / NOTIFIED
PROPER7V [DYES F]NO
DAMAGE
DESCRIFnON OF DAMAGE
SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEHICLE
OCCUPANTS L-AIRBAG DEPLOYED
Y/C RICYCLF-HEI MET
A-NONE IN VEHICLE M-AIR BAG NOT DEPLOYED 0-NOT EJECTED
B-UNKNOWN N-OTHER DRIVER 1-PARTILLY EJECTED
C-LAP BELT USED P•NOT REQUIRED V-NO 2-PARTIALLY EJECTED
L451-DRIVER D-LAP BELT NOT USED W-YES 3-UNKNOWN
E-SHOULDER HARNESS USED
2T09-PASSENGERS ppggE��
7-STATION WAGON REAR F-SHOULDER HARNESS NOT USED CHILD RESTRAINT G-LAP/SHOULDER HARNESS USED O-IN VEHICLE USED X-NO
9•REAR OCC.TRK.OR VAN Y-YES
9-POSITION UNKNOWN H-LAP/SHOULDER HARNESS NOT USED R•IN'VEHICLENOTUSED0•OTHER 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 FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE
PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES 2 3 TYPE OF VEHICLE I 2 3 MOVEMENT PRECEDING
LIST NUMBER (N) OF PARTY AT FAULT COLLISION
r AVC SECTION VIOLATED: ciao CONTROLS FUNCTIONING APASSENGER CAR/STATION WACON
RYES ASTOPPED
NO B CONTROLS NOT FUNCTIONING
0 BOTHER IMPROPER DRIVING•: CONTROLS OBSCURED B PASSENGER CAR W/TRAILER ;( B PROCEEDING STRAIGHT
C MOTORCYCLE/SCOOTER C RAN OFF ROAD
D NO CONTROLS PRESENT/FACTOR• D PICKUP OR PANEL TRUCK D MAKING RIGHT TURN
C OTHER THAN DRIVER' TYPE OF COLLISION E PICKUP/PANEL TRUCK W/TRAILER E MAKING LEFT TURN
D UNKNOWN• A_HF AD-ON F TRUCK OR TRUCK TRACTOR
F MAKING U TURN
B.IE FELL ASLEEP B SIDESWIPE I IGTRUCK/TRUCK TRACTOR W1 TRLR, G BACKING
C REAR END I IHSCHOOL BUS 9SLOWING/STOPPING
WEATHER( MARK t TO 21TEMS) 0 BROADSIDE I OTHER BUS I PASSING OTHER VEHICLE
ACLEAR E HIT OBJECT J EMERGENCY VEHICLE J CHANGING LANES
B CLOUDY F OVERTURNED KHIGHWAY CONST.EQUIPMENT
K PARKING MANEUVER
C RAINING G VEHICLE I PEDESTRIAN L BICYCLE
L ENTERING TRAFFIC
D SNO\WING IH OTHER': MOTHER VEHICLE
MOTHER UNSAFE TURNING
E FOG/VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN N XING INTO OPPOSING LANE
F OTHER': ANON-COLLISION MOPED PARKED
IGWIND B PEDESTRIAN P MERGING
LIGHTING OTHER MOTOR VEHICLE TRAVELING V/RONG'NAY
I/ A DAYLIGHT D MOTOR VEHICLE ON OTHER ROADWAY OTHER ASSOCIATED FACTOR(S) R OTHER*:
B DUSK-DAWN E PARKED MOTOR VEHICLE 2 3 (MARK 1 TO 21TEMS)
IC DARK-STREET LIGHTS F TRAIN Avc SECTION VIOLATION: CITED
IDDARK-NO STREET LIGHTS BICYCLE Oy
EDARK-STREETUGHTSNOT RHINAL: BvcBI_-vaL."ON: CITED
FUNCTIONING• H
❑YEs
ROACWAY SURFACE FIXED OBJECT: ❑No SOBRIETY•DRUG
IA DAY I Cvcs[cnoNvaunoN: CITED 2 3 PHYSICAL
❑YEy (MARK 1 TO 21TEMS)
B WET OTHER OBJECT: ❑� HAD N07 BEEN DRINKING
C srlowv-ICY D
D SLIPPERY(MUDDY,OILY,ETC.) EVISION OBSCUREMENT: B HBD-UNDER INFLUENCE
F INATTENTK)N•: HBD-NOT UNDER INFLUENCE'
ROADWAY CONDITION(S) D HBO•IMPAIRMENT UNKNOWN
PEDESTRIAN'S INVOLVED G STOP 6 GO TRAFFIC
(MARK 1 TO 2 ITEMS) H ENTERING/LEAVING RAMP E UNDER DRUG INFLUENCE'
NO PEDESTRIAN INVOLVED PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL
A HOLES,DEEP RUT CROSSING IN CROSSWALK i IMPAIRMENT NOT KNOWN
B LOOSE MATERIAL ON ROADWAY• B AT INTERSECTION UNFAMILIAR WITH ROAD H NOT APPLICABLE
C OBSTRUCTION ON ROADWAY• CROSSING IN CROSSWALK-NOT K DEFECTIVE VER EQUIP.: �D
❑YEs I I SLEEPY/FATIGUED
ID CONSTRUCTION-REPAIR ZONE AT INTERSECTION ❑IIIc SPECIAL INFORMATIC14
IE REDUCED ROADWAY WIDTH D CROSSING-NOT IN CROSSWALK L UNINVOLVED VEHICLE AHAZARDOUS MATERIAL
F FLOODED• IN ROAD-INCLUDES SHOULDER M OTHER-:
G OTHER•: I IF NOT INROAD NNONE APPARENT FT
H NO UNUSUAL CONDITIONS APPROACHING!LEAVING SCHOOL BUS O RUNAWAY VEHICLE
KETCH ( i r MISCELLANEOUS
I
__•% t`�. INDICATE NORTH
�.,, CHP 555 PAGE 2; Rav I-&a)OPI 042 -
STATE OF CALIFORNA
INJUREC,MITNESSES / PASSENGERS ' >~ '" ('„ PAGE <
DATE OF l ON y� TIME(2400( 71C�/,/-I IILJ U ul h OFRCER 1.0 (O� NUMBE �
1 L C'
EXTENT OF INJURY ("X" ONE ) INJURED WAS("X"ONE)
r WITNESS PASSENGER PARTY SEAT SAFETY
ONLY ONLY AGE SEX FATAL SEVERE OTHER VISIBLE COMPLAINT NUMBER POS. EOUIP. EJECTED
INJURY INJURY INJURY OF PAIN DRIVER PASS. PED. BICYCLIST OTHER
❑tt '❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
NAME/D. . ADDRESS y.�, TELEPHONE
(INJURED ONLY)TRANSP ED BY: TAKEN TO:
A—ec-p Ii \
DESCRIBE INJURIES
VICTIM OF VIOLENT CRIME NOTIFIED
❑# ❑ ❑ ❑ ❑ ❑ 1010101 ❑ 1111
NAME I D.O.B.I ADDRESS TELEPHONE
(INJURED ONLY)TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES '
r
VICTIM OF VIOLENT CRIME NOTIFIED
NAME I D.O.B.I ADDRESS TELEPHONE
(INJURED ONLY)TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES
I
^.,fit•
VICTIM OF VIOLENT C ME NOTIFIED
NAME I D.O.B.I ADDRESS - TELEPHONE -
ONJUREO ONLY)TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES
VICTIM OF VIOLENT CRIME NOTIFIED
NAME I D.O.B.I ADDRESS TELEPHONE
(INJURED ONLY)TRANSPORTED BY: - TAKEN TO:
DESCRIBE INJURIES
VICTIM OF VIOLENT CRIME NOTIFIED
❑# ❑ ❑ ❑ ❑ 10101170 ❑
NAME ID.D.S./ADDRESS - TELEPHONE
ONJURED ONLY)TRANSPORTED BY: TAKEN TO:
DESCRIBE INJURIES
VICTIM OF VIOLENT CPSME NOTIREO
PREPARER'S NAME I.D.NUMBER MO. DAY YEAR REVIEW.' NA MO. DAY YEA
�,� o -� ,� > a U. GIB
_ CHP 555-Page 3(Rev.7-87)OPI 442 87 43637
lugw TIVE'ISUPPLEMENTAL r .• '.:�
DAT OFo TIME(2400) NCC NUMBER OFFCERLD NUMBER
PAGE
to
1 13
'X ONE' WOKE it TYPE SUPPLEMENTAL rJr APPLICABLE) - -
NARRATIVE , COLLISION REPORT ��I ❑ BA UPDATE ❑ FATAL ❑ NIT i RUN UPDATE
❑ SUPPLEMENTAL ❑ OTHER / ❑ HAZARDOUS MATERIALS ❑ SCMOOLBUS - ❑ OTHER
CIT' UNTY/JUOICALDISTRICT REPORTING DISTRICT BEAT OTATION NUMBER
o
LOCATION/SU •ECT - STATEHIGHWAYREIAT
YES NO
if
C CALAA 1 1
2.
4. 1 j li - w. 'vv
5.
6.
7.
.. a ..r--
8. h-- ao
10. - L�
11. 0 CAL c& E:,:
12.
13. Li CJ LA- 1 6
14.
15.
16.
17.
18.
19. L7 (T C —
20.
21.
22.
23. P1 — < / / WC
24. i
26.
27.
29. -
30.
31.
32.
PREPARER'SNAME LD-NUMBER MONTH/DAY/YEAR REVIEWER'SNAME AU O n/ I
CHP 55 Rev.7-87) OP 42 u••p.wws•a•onsunne•p«w
87 45312
i
CLAIM O
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 13, 1990
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: Undetermined Section 913 and 915.4. Please note all "We..0ijr20y. counni
CLAIMANT: SAFEWAY STORES, (INC. FEB � r, 19,90(Adams, Hackett, Logan, Riley� Walker, Williams) A��
ATTORNEY: r 'tl �z,,::GA;s ° '5,53
Jolie Krakauer Date received
ADDRESS: Martin, Ryan and Andrada BY DELIVERY TO CLERK ON February .7, 1990 (hand delivered)
Ordway Building, Suite 2275
One Kaiser Plaza BY MAIL POSTMARKED:
Oakland, CA 94612
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the��above-noted claim.
DATED: February 9, 1990 JVIL DeputyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Sup visors
�► ) 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: 2 J (2 190 BY: f _ /JL'L n 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
(kef This Claim is rejected in full.
( ) Other:
I certify that this is altrue and correct copy of the Board's Order entered in its minutes for
this date. 1
Dated: MAR 1 3 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code sec ion 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court'' action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 1.4 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
MARTIN, RYAN & ANDRADA RECEIVED A Professional Corporation
Ordway Building, Suite 2275 %� C.,�l�e��
One Kaiser Plaza FEB 71990
Oakland, CA 94612
(415) 763-6510 PHIL BATCHELOR
CLERK BOARD Of SUPERVIS RS
ONTRA OST O
Attorneys for Claimant B ° °'
SAFEWAY STORES, INC.
CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT
TO: CLERK OF THE BOARD OF SUPERVISORS , 651 Pine Street, Room
106, Martinez, CA 94553:
SAFEWAY STORES , INC. , hereby makes a claim against the
CONTRA COSTA COUNTY HEALTH DEPARTMENT and makes the following
statement in support thereof:
1. Claimant' s post office address is: SAFEWAY STORES ,
INC. , 201 - 4th Street, Oakland, California 94607 .
2. Notices concerning the claim should be sent to
Gerald P. Martin, Jr. , Martin, Ryan & Andrada, One Kaiser Plaza,
Suite 2275, Oakland, CA 94612.
3. The date and place of the occurrence giving rise to
this claim are as follows:
On or about August 10, 1989 SAFEWAY STORES , INC. was
served with a complaint captioned Ernestine Adams, et al. v.
Safeway Stores, Inc. Case No. 653448-2) . The action was filed in
the Superior Court of California, County of Alameda.
On or about August 10, 1989 SAFEWAY STORES, INC. was
served with a complaint captioned Arthur Hackett, et al. v.
Safeway Stores, Inc. Case No. 653478-3) . The action was filed in
the Superior Court of California, County of Alameda.
_1_
J
On or about August 16, 1989 SAFEWAY STORES, INC. was
served with a complaint captioned Glynis Logan, et al. v. Safeway
Stores, Inc. Case No. 653460-4) . The action was filed in the
Superior Court of California, County of Alameda.
On or about August 10, 1989 SAFEWAY STORES , INC. was
served with a complaint captioned Roshanda Riley, et al. v.
Safeway Stores, Inc. Case No. 653838-7) . The action was filed in
the Superior Court of California, County of Alameda.
On or about August 8, 1989 SAFEWAY STORES , INC. was
served with a complaint captioned Moses R. Walker v. Safeway
Stores, Inc. Case No. 096027) . The action was filed in the
Municipal Court of California, County of Contra Costa, Bay
Judicial District.
On or about August 10, 1989 SAFEWAY STORES , INC. was
served with a complaint captioned Jacob Williams, et al. V.
Safeway Stores, Inc. Case No. 653430-3) . The action was filed in
the Superior Court of California, County of Alameda.
4. The circumstances giving rise to liability are as
follows:
SAFEWAY STORES , INC. , owned and operated a distribution
center warehouse at 2900 Hoffman Boulevard, City of Richmond,
County of Contra Costa, State of California. On July 11, 1988 ,
there was a fire in the warehouse. The fire burned for a number
of days.
The above-described lawsuits involve claims by
plaintiffs for personal injury and property damage as a result of
exposure to smoke from the July 11, 1988 fire at the Safeway
distribution center warehouse in Richmond, California. Among
other allegations, plaintiffs contend that the fire should have
been extinguished immediately and that plaintiffs should have
been evacuated.
Safeway contends that the Contra Costa County Health
Department was responsible for monitoring the air quality in the
area of the fixe, advising community residents with regard to air
quality, evacuating the area if necessary, rendering advice to
the Richmond Fire Department regarding the necessity for
extinguishing the fire, and for issuing any health advisories
necessitated by the fire. The Contra Costa County Health
Department was also responsible for monitoring the presence of
toxins, if any, and rendering health advisories, if any such
advisories were necessary. As a result of the Contra Costa
-2-
County Health Department' s failure to properly manage the Safeway
fire and its aftermath, claimant contends that it is entitled to
indemnity for the damages sought in the above-described
complaints.
5. General Description of Injury, Damage or Loss
Incurred:
Claimant is entitled to equitable or partial indemnity
from the Contra Costa County Health Department pursuant to
Greyhound Lines, Inc. , v. County of Santa Clara (1986) 187
Cal.App. 3d 480. The indemnity to which claimant is entitled
extends not only to the complaints set forth above, but to any
subsequent complaints or cross-complaints brought against
claimant based on the above-described occurrences.
6. Jurisdiction over this claim would rest in Superior
Court.
7 . The names of the public employees causing claimant ' s
damages are unknown.
8 . The amount of the claim and the basis for its
computation have yet to be determined.
DATED:
,C��
MARTIN, RYAN & ANDRADA
A Professional Corporation
n
By 1� .
JOLIE KRAKAUER
-3-
CLAIM
BOARDI, OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 13 1990
and Board Action. All Section references are to The copy of this document mailed to you is your Aotice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Undetermined Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: SAFEWAY STORES, INC. (Farmers Insurance Exchange)
ATTORNEY: Jolie Krakauer, Esq, r
Martin, Ryan and Andrada Date received
ADDRESS: Ordway Building, Suite 2275 BY DELIVERY TO CLERK ON February 16, 1990
One Kaiser Plaza
Oakland, CA 94612 BY MAIL POSTMARKED: February 15, 1990Federal Express
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
February 16 1990 JVIL BATCHELOR, Clerk
DATED: Y eputy
II. FROM: County Counsel TO: Clerk of the Board of upervisors
� ) 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: IC 190 BY: I JIB 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
(m, This Claim is rejected in full.
( ) Other:
I certify that .this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: MAR 13 1990.0 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 14 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
• LAW OFFICES OF
MARTIN, RYAN & ANDRADA
GERALD P. MARTIN,JR. A PROFESSIONAL CORPORATION 1FJA
JOSEPH D. RYAN
J. RANDALL ANDRADA ORDWAY BUILDING,SUITE 2275
OAKLAND,CALIFORNIA 94612 "IVE"D
JOLIE KRAKAUER ONE KAISER PLAZA
JILL J. LIFTER REklrl I
KEITH 1.CHRESTION50N
ANN HARDING BATTIN TELEPHONE::(415)763-6510
STEPHEN F. RILEY FAX:(415)763-3921 FEB 16 1990
GLENN GOULD f0: 26 a . ky,
P41t BATCMELOR
CLERK BOARD If SUPLjtVjS0jS
W'-=0NT.t=0-,
P
NX
February 15, 1990
FEDERAL EXPRESS MAIL
TRANSMITTAL MEMO
TO: Clerk of the Board of Supervisors
651 Pine Street, Room 106
Martinez, CA 94551
SUBJECT: SAFEWAY FIRE
Farmers Insurance Exchange v. Safeway Stores, Inc.
Our File No: S 831
ENCLOSURES: Original and a copy of a claim against Contra Costa
County Health Department and a return envelope.
I
REQUESTED ACTION: Please stamp the copy received and return the
copy to this office in the envelope provided.
YOUR COURTESY IS APPRECIATED
Yours very truly
MARTIN, RYAN & ANDRADA
By:
Nancy Faro*e6h, Secretary to
JOLIE KR*LX)JER
RECEIVED
MARTIN, RYAN & ANDRADA FEB 1031990
A Professional Corporation
Ordway Building, Suite 2275 PH!LBATCHELOR
CLERK BOARDOf JUPERVISORS
One Kaiser Plaza B // ONTRACO TA O. D
Oakland, CA 94612 L7
(415) 763-6510
Attorneys for Claimant
SAFEWAY STORES, INC.
CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT
TO: CLERK OF THE BOARD OF SUPERVISORS , 651 Pine Street, Room
106, Martinez, CA 94553:
SAFEWAY STORES, INC. , hereby makes a claim against the
CONTRA COSTA COUNTY HEALTH DEPARTMENT and makes the following
statement in support thereof:
1. Claimant' s post office address is: SAFEWAY STORES ,
INC. , 201 —4th Street, Oakland, California 94607.
2. Notices concerning the claim should be sent to
Gerald P. Martin, Jr. , Martin, Ryan & Andrada, One Kaiser Plaza,
Suite 2275, Oakland, CA 94612.
3. The date and place of the occurrence giving rise to
this claim are as follows:
On or about August 16, 1989 SAFEWAY STORES, INC. was
served with a complaint captioned Farmers Insurance Exchange v.
Safeway Stores, Inc. (Case No. 096177) . The action was filed in
the Municipal Court of California, County of Contra Costa, Bay
Judicial District.
4. The circumstances. giving rise to liability are .as
follows:
-1-
SAFEWAY STORES, INC. , owned and operated a distribution
center warehouse at 2900 Hoffman Boulevard, City of Richmond,
County of Contra Costa, State of California. On July 11, 1988,
there was a fire in the warehouse. The fire burned for a number
of days.
The above-described lawsuits involve claims by
plaintiffs for personal injury and property damage as a result of
exposure to smoke from the July 11, 1988 fire at the Safeway
distribution center warehouse in Richmond, California. Among
other allegations, plaintiffs contend that the fire should have
been extinguished immediately and that plaintiffs should have
been evacuated.
Safeway contends that the Contra Costa County Health
Department was responsible for monitoring the air quality in the
area of the fire, advising community residents with regard to air
quality, evacuating the area if necessary, rendering advice to
the Richmond Fire Department regarding the necessity for
extinguishing the fire, and for issuing any health advisories
necessitated by the fire. The Contra Costa County Health
Department was also responsible for monitoring the presence of
toxins, if any, and rendering health advisories, if any such
advisories were necessary. As a result of the Contra Costa
County Health Department' s failure to properly manage the Safeway
fire and its aftermath, claimant contends . that it is entitled to
indemnity for the damages sought in the above-described
complaints.
5. General Description of Injury, Damage or Loss
Incurred:
Claimant is entitled to equitable or partial indemnity
from the Contra Costa County Health Department pursuant to
Greyhound Lines, Inc. , v. County of Santa Clara (1986) 187
Cal.App. 3d 480. The indemnity to which claimant is entitled
extends not only to the complaints set forth above, but to any
subsequent complaints or cross-complaints brought against
claimant based on the above-described occurrences.
6. Jurisdiction over this claim would rest in Superior
Court.
7. The names of the public employees causing claimant ' s
damages are unknown.
-2-
s
8 . The amount of the claim and the basis for its
computation have yet to be determined.
DATED: 3 )6 CIU
MARTIN, RYAN & ANDRADA
A Professional Corporation
n ;� l
By �(
JOL E KRA AU 'R
-3-
PROOF OF SERVICE BY MAIL - C.C.P. §§1013a, 2015. 5
I , NANCY FARDANESH, certify that I am over the age of
18 years and not a party to the within action; that my business
address is One Kaiser Plaza, Suite 2275, Oakland, California; and
that on this date I placed a true copy of the foregoing
document (s) entitled:
CLAIM AGAINST CONTRA COSTA COUNTY HEALTH DEPARTMENT
on the parties in this action by placing a true copy thereof in a
sealed envelope addressed as follows:
Clerk of the Board of Supervisors
651 Pine Street, Room 106
Martinez, CA 94553
XX (By Overnight Courier) I caused each envelope, with
postage fully prepaid, to be sent by Federal Express -.
(By Mail) I caused each envelope with postage fully
prepaid to be placed for collection and mailing following
the ordinary business practices of Martin, Ryan & Andrada.
(By Hand) I caused each envelope to be delivered by hand
to the offices listed above.
(By Telecopy) I caused each document to be sent by
Automatic Telecopier to the following number :
as indicated above
I declare under penalty of perjury that the foregoing
is true and correct.
Executed on Is '� , at akland, Ca ifornia.
NANCY F ANESH
-4-
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
th`e Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 13, 1990
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: $625.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: SAMPLE, Donna
ATTORNEY:
Date received
ADDRESS: 1225 Mariposa Street BY DELIVERY TO CLERK ON February 12, 1990
Rodeo, CA 94752
BY MAIL POSTMARKED: February 9, 1990
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
PpHHIL BATCHELOR, Clerk
DATED: Febraury 16, 1990 BY: Deputy .
IT
II. �FROM: County Counsel TO: Clerk of the Board of S isors
(� ) 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: 2� IS 9(I BY: I _ J 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 ORD By unanimous vote of the Supervisors present
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: MAR 13 1990 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.
1 '4
Dated: MAR 1990 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 crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553•
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name °'of the District should be filled in.
D. lI the claim 13 agd1I15ti LIIUT`C 1.11dL1 011C Puuttt; Gll�1Ly", :iya "ovc
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code See. 72 at the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
)
RECEIVED'
Against the County of Contra Costa ) F E B 12 1990
or )
PHIL BATCHELOR
CLERK BOAFSUP SUPERVISORS
District) RA e
Fill in name ) e
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District 'in the sum of $ AA _S_. ° and in support of
this claim represents as 'follows: /
---------------------------------------------fe
A1. When_ did the damage or injury occur? (Givxact to and hour) (, ` '
2. Where did the damage or injury occur? (Include city and county) T
--- ------ ----------------------------------------- ------
VU
3. How did the damage or injury occur. (Give full details; use extra per if
required) �iy✓►� l�G �,� � -
4. What particular act or omission on the part of county or district officers,
servants or employeescaused the injury or damage?
(over)
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
claim resulted? Give full extent of injuries or
4p-
6. What damage or inJuries .do you . ( J ,p- �.
damages claimed. Attach two estimates for auto damage. C��""` �
o'
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.) o alavz-n
-------------------------- ---------------------------
-
8. Names and addresses of witnesses, doctors and hospitals.
-------------------------------------------------------------------------------------
9. List the expenditures you made on account of this accident or injury:
DATE .. _<.ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
1
f. The claim must be signed by the claimant
SEND NOTICES..T0: ,, (Attorney_).,,.. orb_y some person on his behalf."
Name and Address of Attorney
Claimant's Signature
t
Address •� S Z
Telephone No. Telephone No. �2
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.
{��� �
�H,
�� �� �
� ��
,, �� s3,�
� � `��
���� ��
��� 3�. �
sx t•
s;
:e
'Nv0
,� t
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT March 13, 1990
and Board Action. All Section references are to The copy of this document mailed to you is your notice of
California Government Codes. ) the action taken on your claim by the Board of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: $500::000.00 Section 913 and 915.4. Please note all "vftthitp.counsel
CLAIMANT: SHERMAN, Connie and Jeff FEQ
ATTORNEY: Law Offices of
Bruce G. Fagel Date received
ADDRESS: 445 So. Beverly Dr. , Suite 200 BY DELIVERY TO CLERK ON g February 6, 1990
Beverly Hills, CA 90212
BY MAIL POSTMARKED: February 5, 1990
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: February 9, 1990 JAIL BAATTCHELOR, Clerk
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: 11190 BY: 0 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).
1V. BOARDD ORDER: By unanimous vote of the Superviscrs present
(lam) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: MAR 13 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk
WARNING (Gov, code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the
United States, over age 18; and that today I deposited in the United States Postal Service in Martinez,
California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to
the claimant as shown above.
Dated: MAR 14 1990 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
1 LAW OFFICES OF BRUCE G. FAGEL
1 445 South Beverly Drive, Suite 200i �/'` �7�e� p:
2 Beverly Hills, California 90212 F 11 '�
(213) 277-1288
3 FEB 1990
Attorneys for Claimants
4 SUP
FHl B)AM-;ELOR
CLERK BOARD Or ERVISORS
C T' COSTA CC.
2 -DepuX
5
6
i
CLAIM FOR DAMAGES AND PERSONAL INJURIES
8
9
10 CONNIE SHERMAN and JEFF SHERMAN ) CLAIM FOR DAMAGES AND
PERSONAL INJURIES
11 Claimants, )
GOVERNMENT CODE §910
12 vs. j
13
14 COUNTY OF CONTRA COSTA and )
MERRITHEW MEMORIAL HOSPITAL; )
15 DOES 1 to 50, Inclusive. )
i )
16 )
j
Respondents. )
i 17 )
I )
18 >
19 TO: THE COUNTY OF CONTRA COSTA, a political subdivision of the State of California and
20 MERRITHEW MEMORIAL HOSPITAL, a public entity, owned and operated by the COUNTY OF
21 CONTRA COSTA:
22 You are hereby notified that CONNIE SHERMAN and JEFF SHERMAN, whose addresses are in
23 care of their Attorney, Bruce G. Fagel, 445 South Beverly Drive, Beverly Hills, California, 90212, claim
24 damages from the above-mentioned entities and individuals in the amount, computed as of the date
25 of the presentation of this claim of$500,000.
The Claim is based on the wrongful death of their daughter AMANDA BETH SHERMAN born
26
27 November 5, 1989 at said hospital. The child died November 8, 1989 at Oakland Children's Hospital.
The child died from negligence from the care and treatment rendered by physicians, nurses and
28
1
i
s �
i
1 other employees of the above named county and hospital to the child and the child's mother, whose
2 names are unknown at present. Said Claim is also based on the negligence of the hospital in
3 selecting and periodically reviewing the competence of its medical staff and other hospital
4 employees and failure to obtain knowledgeable informed consent.
The names of the public employees causing the child's injuries and his death are unknown to
5
Claimants at this time, although according to present information they are nurses, physicians and
6
other medical personnel employed by said hospital.
7
The damages to Claimants consist of the death of their child, including the loss of love,
8 companionship, comfort, affection, society, solace and moral support, as well as the loss of financial
I
9 support during the Claimant's and their daughter's common life expectancy. Also claimed as
10 damages are the last medical expenses and funeral expenses for the deceased child.
11 General Damages and Pecuniary Damages: 300,000.
j 12 Medical Expenses: Unknown.
13 Funeral Expenses: Unknown.
The Claim is also based on personal injuries and damages sustained by CONNIE SHERMAN
14
15 during the,negligent labor and delivery of her child who also suffered severe emotional distress. Her
16 damages also include her own medical expenses, past and future and loss of earnings and earning
capacity.
17 General Damages: 100,000.
18 Special Damages: Unknown at this time.
19 The Claim is also based on damages to JEFF SHERMAN for the loss of consortium and services
I
20 of his wife CONNIE.SHERMAN.
21 General Damages $100,000.
I
22 Special Damages Unknown.
23 All Notices or other communications with regard to this claim should be sent to the claimants in
24 care of their attorney.
25 Dated: February,5, 1990
LAW OFFICES OF BRUCE FAGEL
26
27
Luce G. Fa ,'M. ., J.D.
28
2
I ,
Y
I
� i 1
I 2 PROOF OF SERVICE BY MAIL
3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
4 I am a resident of the county aforesaid. I am over the age of eighteen years and not a party to
j the within action.
i 5
My business address is 445 South Beverly Drive, Suite 200 Beverly Hills, California 90212.
6
On February 5, 1990, 1 served the within Claim for Damages on the interested parties in said
7
action, by placing true copies thereof enclosed in sealed envelopes with postage thereon fully paid,
.8
and also by Registered Mail, in the United States mail at Beverly Hills, California, addressed as
9 follows:
10 Clerk of the Board
j Contra Costa County Board of Supervisor
11 651 Pine Street
Martinez, California 94553
12
13 I declare under penalty of perjury under the laws of the State of California, that the foregoing is true
14 and correct.
i
15 Executed on February 5, 1990, at Beverly Hills, California
16
17
18
19
20
21
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23
24
j 25
26
I 27
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APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT March 13, 1990
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: WILSON, Clarence COunty COunsel
Attorney: .-
FEB 2 Z 1990
Martinez, CA 04553
Address: 516 O'Farrell Street, #427
San Francisco, CA 94102 y February 16, 1990
Amount: By deliver to Clerk on y
Date Received: By mail, postmarked on February 15, 1990
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to File Late Claim.
DATED: February 16, 1990 PHIL BATCHELOR,- Clerk, By Deputy
II. FROM: County Counsel Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
The Board should deny this Application to File Late laim (Section 911.6).
DATED: 2 21 VICTOR WESTMAN, County Counsel, By� S Deputy
III. BOARD ORDER By unanimous vote of Supervisors pres t
(Check one only)
( )/ This Application is granted (Section 911.6).
This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: MAR 13 1990 PHIL BATCHELOR, Clerk, By Deputy
WARNING (Gov. Code 5911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, u should do so immediately.
IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: MAR 14- 1990 PHIL BATCHELOR, Clerk, By Deputy
V. FROM: 1 County Counsel 2 County Admin rator TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: __ .: ' county Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
I CLARENCE WILSON DECEIVED
51.6 Ofarrell Street 427
2 San rancisco California 941.02 FEB 1 s
(41.5 ) 441-9594 1990
3 In Pro Per PHIL BATCHELOR
CLERK BOARD Of SUPERVISORS
4 co s.A o.
Deputy
5
6
7 CLAIPi OF ) R'BQUEST FOR LEAVE TO
PRESENT. A LATE CLAIM.
8 CLA?ENCE WILS 0i1: )
(Pursuant . to Government
9 vs, ) Code Section 91.1 . 6)
to CO'TNTY Or CONTRA COSTA )
11 )
12 TO BOARD 0 ' SUPERVISO. , CONTRA COST? COJt:TY, OR COJNIY MANAGER.
�jq f-r-
13 Claimant CLARENCE WILSO.\i, request leave to a. late claim
14 in pursuant to Section 911 . 6 of Governirlent Code ection
15 911 . 6. Claimant, CLARENCE NILSON claims that he wasp-,t aware
16 of the County clerk,s involvement in the fraud until after
17 repeated request to review case number 094420.
18 When Claimant first tent back to County building, or
19 1-'.ay 21, 1989,. the forms exihbi.ts , and � t,;ere not in the file;
20 only exi-!ilK,i.ts Cand D were in the file tocorrespond with the
21 master register. Claimant was not aware of exibhits A and B
22 until January of 1990 when he went to check on another matter
23 regarding case number 094420.
24 when Claimant -went to the County Clerk, s office on
25 January 5, 1990, exibhit A and B were in the file. Claimant
26 Then file a claim with the county for damages suffered.
27 '
28 1
In Pro Per
-1-
t
r IIT
I CLARENCE WILSON RECEIVED
516 Ofarrell Street t=427,2 144_11�
2 San Francisco California 94102 -c 1990
(415 ) 441-9594 � ,a� x,11
3 In Pro Per CATCKU01
SERB BOARD Of U►f€MK
CONTRA to CO•
4 a p�
5
6
7 CLAIM OF CLAIM FOR MONEY AND PERSONAL
INJURY DAMAGES
8 CLARENCE WILSON
(Government Code Sections
9 vs . 905 )
10 COUNTY OF CONTRA COSTA /
11 0: THE COUNTY MANAGER AND':/ OR CLERK OF THE COUNTY OF CONTRA
12 OSTA.
13 YOU ARE HEREBY NOTIFIED that CLARENCE WILSON, whose
14 address is 516 Ofarrell Street x#427, San Francisco California
15 D4102, claims damages from the County Of CONTRA COSTA in the
16 aggregate, amount, computed as of the date of presentation
17 f this claim.
18 This claim is based upon negligence and fraud on part of
19 7lerks for the COUNTY OF CONTRA COSTA, regarding an eviction
20 of Claimant by Store Owners on or about April 27, 1989.
21 Claimant claims that the notice of trial was mailed to
22 the wrong address, 733 E1 , Portal Center, by County Clerk
23 :IM PERICOLI, on March 31, 1989. Trial was held on April 11,
24 L989 and a judgment in favor of the property owners was
25 ssued by the Court.
26 On April 12, 1989, a Notice Of Judgment was mailed to
27 he correct address of 644 El Portal Center persumablly by
28 he same COUNTY CLERK.
-1-
1 The 733 El Portal Center address was a mistake on
2 complaint # 094420 that was made first by the property owners
3 who later amended. the complaint to the right address of 644
4 El Portal Center, and then by Claimant,s attorney who got
5 the address of 733 E1 Portal Center from property owners
6 first complaint.
7 At all times mention herein, the COUNTY CLERKS were
8 acting within the course and scope of their employment with
9 the COUNTY OF CONTRA COSTA, and should have checked for the
10 right address . It is their respnsibility and obligation to
11 make sure that all of the respondants receive all Court doc-
12 uments as required by law.
13 The amendment to the complaint by the property owners
14 contained the right address that was approved by the court
15 and should have taken precedence over the original complaint.
16 The County Clerk .was improperly trained by the COUNTY OF
17 CONTRA COSTA, therefore COUNTY and COUNTY CLERKS are liable
18 for damages to the Claimant because of their negligence and
19 fraud.
20 The names of otheragents and employees of the COUNTY OF
21 CONTRA COSTA, who were responsible in some manner for the
22 negligence and fraud are presently unknown.
23 As a proximate result of the above negligence and fraud,
24 Claimant has suffered economic loss,severe intentional emo-
25 tion distress and severe negligence emotional distress .
26 The aggregate amount claimed, as of the presentation
27 bf these claims, is computed as follows:
28
-2-
1 LOSS of wages $ 50, 000. 00
2 General Damages $ 1, 000, 000. 00
3
Total $1, 050, 000. 00
4
5 All notices or other communication with regard to this
6 claim should be sent to Claimant at 516 Ofarrell Street
7 #427, San Francisco California 94102.
8
9
10 Dates a2i j
11 IN PROPRIA PERS ON IA
12
13
14
15
16
17
18
19
20
21
22
23
24
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26
27 —3-
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-77
}t� OF, COI3Tkr. ..."" `i�,`"'P ey CALIPQRNIA
'"8 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
plaintiff ) ) Case K,. 04W..t,
NO. 094420 Amendment #1
fig
a .,.n5'��"101s• .n;rof , ) } Exparte
tit dba PoNal^Eeauty ) Request to Amend Complaint
Ct- }, -
93 De�,encants )
14
that L�a9 5iL3 �� � �..�.=:b• �� �f,{;t;t:.y'i !C
t5 Viiiinquests to amend complaint due to clerical error.
11C.Ii(} {'-i"�R�'•iEllYtt . LC' C}:3Tro=Sr'w L 8t`:S? ?S t- t3� Einla*f U �i{' k2ATi
lb I•
Sul lts�?.. 133 F3 ��.»7! T. _ C'ez+t� IT t'c, 644 F'1. Portal Celit'e"'
17 The original complaint listed the address of the property as
18 733 E1 Portal Center II due to a clerical error. The real
19 property is located at 644 El Portal Center II, in the City of
, t kr^
20 San Pab%`,4Cou1S�nty of Contra Costa, State of California.
0,19
21 ----
DATED:_
-
DATED February 24, 198 9
jcwar OF
25
' •
Mr
Plaintiff in Pa Per
20
1
l
MUNICIPAL COURT OF CALIFORNIA, COUNTYONTRA
CO0
BAY JUDICIAL DISTRI T L E D
100 37th Street BAY MUNICIPAL COURT
No. . 094420
=. Doputy
9.
Barbara J. DetrickMy
dba E1 PortaV-Beauty Supply MEMOR NDUM TO SET CASE FOR TRIAL
Doris Wilson 7
Clarence Wilson
(Abbreviated Title) De(eadsot(s) t
Nature of case (state fully) Unlawful Detainer, Nonpayment ofain't
Amount t 6. 905. 24 Is cross-complaint filed ? No Is Jury demanded ? no
(Yes or No) (Yes or No)
Time necessary for trial 1 Hour Is reporter requested? No
(Estimate carefully)
Is this case entitled to legal preference in setting? Unlawful Detainer CCP 1179a
(If Yes, state reasons, giving code sections)
List dates NOT acceptable to you April 15 thru April 21
The names, addresses and telephone numbers of the attorneys for the parties or of parties appearing in
person are :
For Plaintiff For Defendant For
Barbara J. Detrick Doris & Clarence Wilson dba El Portal Beauty Supply
101 First Stree, Suite 145 644 E1 Portal Center II
Los. Altos, Ca. 94022 San Pablo, Ca. 94806
The case is at issue and 1 hereby request that it be set or trial.
Dal ed �
(NOTE: Must signed by attorney requesting setting.)
DECLARATION OF SERVICE BY MAIL (C.C.P. 1013A (1). 2(115.5)
My 1511 aint 61; address is 101 First Street Suite 145, Los Altos, Ca. 94022
(builnesa/reeldence)
I am. and was,at the time the herein mentioned mailing took place. a citizen of the United States.
(esP ed/eel ent)
in the County where said mailing occurred, over the age of eighteen years and not a party to the above entitled cause.
on March 24. 1989 I served the foregoing document by depositing a copy ILITof. I'losed in separate.
sealed envelo with t(h�4 postage thereon fully prepaid. in the United States mail box at +�s Alto s
County of Santa Mara . California. each of which envelopes was addressed respectively as follow*
�oR r z � C�cR�evCE e(�..Gs o.✓
V41 �, #4047-A�. (74,V ►-gam, Dr
1 declare undcrpenilty of periury that the foregoi g is trueend correct.
:ecuted bn Ma.rch 24. 1989 � at 1 Giifomla.
(Place)
\
Ts
i nelur loran t)
n
The above-entitled case has been set for trial on !� at' M.
Jury/Court/Pre
By
I Barbara J. Detrick
` 101 First Street, Suite 145
2 Los Altos, Ca. 94022 F ! L. ED
3
415-493-1167 BAY MUNICIPAL COURT
4 Plaintiff in Propria Persona MAR - 8 1989
5 3 Robert K. Gordon, Cleric
6 8y Deputy
8 COUNTY OF CONTRA COSTA, STATE--OF_CA NIA
9
Barbara J. !Detrick, )
10 Plaintiff )
vs. ^ ) NO. 094420 Amendment #1
11 Doris Wilson )
Clarence Wilson ) Exparte
12 dba E1 Portal Beauty ) Request to Amend Complaint
Supply`' )
13 Defendants )
14 )
15 Plaintiff requests to amend complaint due to clerical error.
16 I.
17 The original complaint listed the address of the property as
18 733 E1 Portal Center II due to a clerical error.. The real
19 property is located at 644 El Portal Center II, in the City of
20 San Pablo; County of Contra Costa, State of California.
21
22
23 DATED; February 24, 1989
24 -
25 ---�
26
27 Plaintiff in o Per
28
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bTSTU.VTjj TU bxobLTS b6}•cvua $! } n
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TOT LTIE-P 24:71-66-' 2flT4--E Td2 I
1 aat0ais14z: 0* °nGZ:T.Tcy, I
101 First Street, Suite 145
2 Los Altos, Ca. 94022
415-493-1167
3
4 Plaintiff in Propria Persona
5
6
7
8 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
9.
Barbara J. Detrick, )
10 Plaintiff )
Vs. ) Case No. 094420
11 Doris Wilson )
Clarence Wilson ) ORDER GRANTING EXPARTE
12 dba E1 Portal Beauty )
Supply )
13 Defendants )
14 )
15 It is hereby ordered that 'Plaintiff 's Exparte, Request to
16 Amend Complaint, to change the address of Unlawful Detainer and
17 Summons from 733 E1 Portal Center II to 644 E1 Portal Center II.
18
19
20 !pR o4
21 DATED: ,19
001A CIS
22 A
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25 JUDGE OF AL COURT
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BARBARA J. DEI'RICK CIARENCE WILSON _ _.-_
141 First Street Suite 145 733 El Portal Center IT
Los Altos, CA '94422 San PAW, 94806
MUNICIPAL COURT OF CALIFORNIA, CO.
BAY JUDICIAL DISTRICT
100 - 37th Street, Richmond, CA 91805
BARBARA J. DETRICK
Plaintiff(s) No. 94420
vs NOTICE OF hITRIAL AND TRIAL
CLARENCE WILSON
Defen ants►
To each party or to the attorney(s) of record for each party herein:
Notice is given that the above entitled action has been set for court trial on April 11, 19$9
at 8:30 a•m. , in'this court, at 100 - 337th, Richmond, CA 44805. (Check the Court Calendar in the hallway
outside of room 202 for the Courtroot that will bear this matter.(
THIS IS THE ONLY NOTICE OF TRIAL THAT IS REQUIRED TO BE GIVEN. (Rule 509b CRC)
Pretrial stateaents must,be filed one week before pretrial hearing is beard. Pursuant to CCP 631, jury fees are to be
posted 25 days prior to the trial date, unless jury is for an Unlawful Detainer action, then fees must be posted 5 days
prior to the trial date. If fees are not posted by the required date, then the jury is automatically waived.
First day jury fees are Nctice is given that the pretrial hearing has been ordered set on
at
SRR OF HE--011-CIPAr COU
DATED MARCH 31, 19$9 Deputy Clerk
KIM PERICOLI
CLERKS CERTIFICATE OF SE CE BY MAIL (CCP 1012a(3) )
1, Clerk of the above naaed court, do certify tat I as not a party to this action; a on the date shown below I
served the foregoing document by depositing a true copy thereof, 'enclosed in a separate, sealed envelope, with the
postage thereon fully prepaid, in the United St_tes mail at Richmond, CA, each of which envelopes was addressed
respectively to the peiscns and addresses shover atove said document.
Ricbnand, California CLERK-O?TNE-MUNICIPAL CQURT
Dated By Deputy Clerk
MARCH 31, 79$9 KIM PERICOLI
� , NOTICE OF
bT971)�T�� 7v b�obl7s bs..2ove
>• ...,Piii,;` ✓ �
D
s Ij roe bT4:oe ` Gs ' x4055
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1 "LLWl&:"Z: 0 - T1or:ITC;:
101 First Street, Suite 145 /
2 Los Altos, Ca. 94022
415-493-1167
3 1+
4
4 Plaintiff in Propria Persona
5
6
7
8 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
9 )
Barbara J. Detrick,
10 Plaintiff )
Vs, ) Case No. 094420
11 Doris Wilson )
Clarence Wilson ) ORDER GRANTING EXPARTE
12 dba E1 Portal Beauty )
Supply )
13 Defendants )
14 )
15 It is hereby ordered that Plaintiff 's Exparte, Request to
16 Amend Complaint, to change the address of Unlawful Detainer and
17 Summons from 733 E1 Portal Center II to 644 E1 Portal Center II.
18
19-2./-
2(
0/2` DATED ,19 r
22
23 �1
_ � J
24
JUDGE OF AL COURT
25 �•... .F
26
27
28
ID
g ytilelppt Coal
aa� �
1 Clarence Wilson
2871 Loyola Ave
2 Richmond Ca. 94906 e )
3 Defendant In Pro Per
4
5
6 Municipal Court Of California County Of Contra Costa
7 Bay Judicial District
8
9 Barbara J. Detrict,
Plaintiff, Case NO. 094420
10
11 vs ) Motion To Vacate Jugdement
)
12 Clarence Wilson , et al. ,
13 Defendant
14
15
16 Defendant States as Follow,
17 1,
0
18 Plaintiff stilted in her original compl*Ant that my address
19 is 733 E1 Portal Center The complaint was dated February 16;
20 1989.
21 2.
22 The Complaint was answered on february 27, 1989 by a evict-
23 ion legal center,which got the adress off of the complaint
24 the plaintiff entered on february 16 1989.
25 3.
26 Plaintiff then amended the complaint on March 1, 1989
27 to state the right address after the complaint was answered
28
on february 27, 1989.
1 4.
2 Plaintiff knew or should have known the right address of my
3 place of business. plaintiff knew I was going to hire an
4 attorney to help my case.
5
$► 5.
7 I was never served a notice of trial by the court because
8 it was delivered at 733 E1 Jjortal center not my correct
9 adress of 644 el portal center.
10
11
12 Dated april 30 1989
13
14 Defendent in Pro Per
15
16
17
18
19
20
21 -
22
23
24
25
26
27
28
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