Loading...
HomeMy WebLinkAboutMINUTES - 05011990 - 1.24 —� �-- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 1, 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: $250.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: COUSEY, Thomas C. ATTORNEY: Date received ADDRESS: 933 So. 45th Street BY DELIVERY TO CLERK ON March 29, 1990 Richmond, CA 94804 BY MAIL POSTMARKED: March 28, 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 2, 1990 ��IL �ep�tyLOR, 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: / 1 � �10 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. 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. o.f the Board's Order entered in its minutes for this date. MAY 1 1990 Dated: PHIL BATCHELOR, Clerk, By2Kn_"�� Deputy Clerk WARNING (Gov. code secon 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 claimant1 as shown above. Dated: MAY 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Richard K. Rainey o'Sheriff-Coroner Contra SHERIFF-CORONER P.O. Box 391 COS,.a Duayne J. Dillon Martinez. California 94553 ^ Assistant Sheriff (415) 372- 4494 ( �1Unty Warren t SheRupriff���JJJIJ l Assistant Shenff i MAR 2 9 1990 r+ t :c:;Ea :1a CLERK 30,YD OF SUPER%'!SOr^.S RA COSTA CO. = 0 DEPUty_ Enclosed, is a County Claim Form.. Please list the missing articles and their value, alona with any documents you may have, i .e. , receipts etc. Be sure you have included pertinent dates that tie in with your loss. These dates should show when you were brought here and when you left. Then you must return this form to Contra Costa County, Clerk of the Board, 651 Pine .St. , Room 106, Martinez, CA 94553. AN EQUAL OPPORTUNITY EMPLOYER Clai^ to: BOAR) OF SUPERVISORS OF CONTRA COSTA C:OIJN?':' INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to pers�)-, 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. If the claim is against more than one public entity, separate claims mast be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. - RE: Claim By ) Reserved for Clerk's filing stamp ) I Against the.Co,.,nty of Contra Costa ) = MAR 2 n 1990 Ir or C:�kK sure.:roes � �EiVZ7ow 4 strict) c o Taco. Fill in a ,e - The undersigned claimant hereby makes claim against the County of Contra .Costa or the above-named District in the sum of $ X28-0, pd and in support of this claim represents as follows: ------ --------------------------------------------------------------- - 1. When did the damage or injury occur? (Give exact date and hour) oox1 7e, ------- ---------mac _., 2. Where did the damage or injury occur? (Include city and co nty) � 1�--�DD_ic.�fJ.e� 3. How did the dar�ge or inju�fy occur? (Give full details; use extra paper if required) --- --�s ----�- 6 - - - - -------------------------- 4. What particular act ' r omission on the part of county or district officers, servants or employees caused the injury or damage? J Pi�J A-e, ��,_ -.. e 5. What are the names of county or district officers,: r,�Brvants or zausing the damage or injurv? ------- 6. What damage or injuries do you claim resulted? fL5y. exT:ar.7 a 'n-!J;;ries or damages claimed. Attach two estimates for auto daTmg*-..,.. �I . oST' SAO-JA) �e- 1¢c1-1 ,1i 9=7*.Ee- 7. How was the amount claimed above computed? (Incl,;6, the, ems: ma er, a=,=t, of any prospective injury or damage.) �� , /- r9��v ,•�.� ` e-4, 8. Names and addresses of witnesses, doctors and hospltz-,JW�.. --------------------------------------------------- 9. List the expenditures you made on account of this ace- dbnt. car- �n;;iyn'J DATE ITEM AYd RM, Gov. Code Sec. "The claim must 'fie s<i�g—�e-'. bjy the, cE_15:raaII'; SEIM NOTICES TO: (Attornev) or by some Pers r! anl.. 'ds; Name and Address of Attorney Claim at. I's; 3.3 Addre z�j' ' Telephone No. Telephone No. , 4g. " N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents :'tDrr.- fbr payment to any state board or officer, or to any county,, ci y, cr: ' card -or officer, authorized to allow or pay the same if genuine,; any, f Oar? cie frQudlu3e claim, bill, account, voucher, or writing, is punishable: e-1-tiiE:r, b-F. i4ril--arment in the county jail for a period of not more than one years by7 & :fine; aiT ,nct-, ceding one thousand ($1,000), or by both such imprisonment and :.+ e?fl cr+^ tF fmrr-asamnent in the state prison, by a fine of not exceeding ten thousEn& dtr;�l:am, i', �', (�1C)„ cmr by both such imprisonment and fine. Ilk 7 717, .IJP CN F- E EIVE MAR2 ' 190 33 `J C:E:., r.c•ir•RV:SO.R5 a. h ,Q CC':TiIACOSTA CO. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 1, 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: $250,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BIERSDORFF, Duane ff R�i-iunfy Cg1rlEj3g ATTORNEY: Ronald P. Rives, Esq. Sanders, Dodson & Rives Date received ADDRESS: 2211 Railroad Avenue BY DELIVERY TO CLERK ON March 29, WRine,_ GA C"45-53 Pittsburg, CA 94565 BY MAIL POSTMARKED: March 28, 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppM�{IL BATCHELOR, Clerk DATED: . April 2, 1990 BY: 1I. 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: i 12 16 BY:_Q). Deputy County Counsel - 1 I1I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOA�This By unanimous vote of the Superviscrs present ( laim 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: MAY 1 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: MAY 1 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CL',IM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY- Instructions to Claimant Return original application tc Clerk of the Board 651 Pine St., Room 106 Martinez. CA 94553 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. . (Seca 911.21, Govt. Code) 8. 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. �:a<aaaaa,a�aa,�*�**,a�a*��a�,��r,a*a**a*�t**a**a,arra*gra*e*����rrr���t+��f�af�►�eft� RE: Claim by )Reserved for Clerk's filing stamps DUANE BIERSDORFF EI Against the COUNTY OF CONTRA COSTA) MAR 2 1990 or DISTRICT) : . . _ PHIi S C-11ELOR - F1 n name ) CCEr.I(`-`(3 D OF SUPERWSORS GG�t.'�� OS7A C� � , The undersigned claimant hereby-makes claim against the tioun ntra Costa or the above-named District in the sum of $ 250,000.00 and in support of this claim represents as follows: `-iTFien+aid the-�amage�oic;1n3ury-occur?-` -T`e exac `-"" ` ` ZGive exact date ani fiourj .December 8., 1989.,at 9.20 p.•m...,._�_. �iThere di3-tFie damage or rn3ury occur? �Inc�u3e city and county] ,Laurel Road.,at, intersection!::withrEmpire Avenue'in an unincorporated area Ykof.Contra Costa County. 3--How aid the`dnmage-or tn3ury`occur?"ZGive- uII aeta�I`s,`u`se`cxt-ra sheets if required) Claimant was a passenger in an automobile driven by John Calisesi on Laurel Road. A vehicle driven by Charles Clifford, F1 sou"th bound on Empire Road struck claimant,..due ,to.;.the. absence of,the,:sto� sign. on Empire Road. s:`"Fiat parttcula`r`act or`omis`sion�`oii tie-part`o `county or`aistrtct officers, servants or employees ,caused the injury or damage? County failed to supervise and maintain the"stop sign on south bound Laurel Road causing the stop sign to be missing.causing Carroll to run the stop sign and str.ice claimant's car. (over) _ '. .• :�'.� .451��„� i 5. What are the names of county or district officers, servants or' employees causing the damage or injury? t , Unknown. b: WFiat-damage or injuries do you,�claim resuite�7Give �uli-extent of injpr.fes or ,damages "claimed..4 Attach two estimates for auto damage) Fra'cutred amegeFracutred right femur, facial lacerations, `collapsed lung, pulminary emboli, bruises, cuts and contusions. 7. How was the amount cla _---------omput --(imed above. cec? - ima amount ted- __ of any prospective injury :or damage. ) $29.;899.71 .hospital -expenses plus other medical expenses plus _loss of earnings plus general, damages. ---------------------.._-_.._-_..___-_-..--_-__-----__-..--------------------- 8. Names and addresses of witnesses, doctors and hospitals. Refer to California Highway Patrol 'Repori` Number 12-132 for witnesses. Refer to below for doctors. �.- List the expenditures you made on account of th�.s accident or injury: DATE ITEM AMOUNT Merrithew Hospital- Hospital Expenses $29,899.71 Delta Memorial Ambulance : r Govt. Code 10.2 provides: "The c:rme_� ' si d by the claimant SEND NOTICES TO: ' (Attorney) '} orb son h behalf. " Name and Address of Attorneys RONALD P. RIVES Claimant Signature by SANDERS, DODSON 8 RIVES RONALD P. RIVES 2211. .Railroad Avenue Address Pittsburg, :CA"'94565-, ;•� „ Telephone No. (415) 432-3511 Telephone No. F NOTICE Section 72 of the Penal Code provides: *Every person who, with intent to defraud, presents for allowance or for payment to. any state board or..officer, or to any county, town, city district, ward or village board' or officer, authorized to allow or pay the same if genuine, any 'false or' 'fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. " LAW OFFICES OF SANDERS, DODSON & RIVES PITTSBURG: :4:5:432-3511 STANLEY K.DODSON CONCORD: 45676-4464 PLEASE REPLY TO: RONALD P.RIVES WALNUT CREEK: 14151 944-5289 DEBORAH JO SANDLER FAX: (4151432-3516 PITTSBURG JOSEPH E.CANCIAMILLA 2211 RAILROAD AVE. PITTSBURG.CA 94565 RUSSELL E.SPITLER ❑ WALNUT CREEK RICHARD D.SANDERS 3000 CITRUS CIRCLE.SUITE 203 OF COUNSEL WALNUT CREEK.CA 94598 March 28, 1990 Clerk of the Board of Supervisors Room 106, County Administration Bldg. 651 Pine Street MAR 2 9 1990 1. Martinez, CA 94553 - 11 CLERK B ''D GF A COSTA CU. RE: Duane Biersdorff vs. County of Contra CO """' LE Dear Clerk: Enclosed are the following documents: CLAIM AGAINST CONTRA COSTA COUNTY (Original and one) Please file the original (s) and return the endorsed-filed copy(s) to this office in the envelope provided. Thank you. Very truly yours, NYRS, FSON & RIVES o o, Secretary to RONALD P. RIVES Encl. v ♦ l• t,l �, PeN O cn Ul f CD r4i co 0 tk D' W 4 o ?t o V �: J ♦ CLAIM �. / BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA C'taim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, I NOTICE TO CLAIMANT May 1, 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". CLAIMANT: GLASS, Donald G. ATTORNEY: John A. Siqueiros - Wohlner Kaplon Phillips Date received ADDRESS: Vogel Shelley & Young BY DELIVERY TO CLERK ON April 2, 1990 (via Probation) 15760 Ventura Blvd. Ste. 1510 Encino, CA 91436 BY MAIL POSTMARKED: March 29, 1990 (certified) I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 9, 1990 pp IL BATCHELOR, Clerk DATED: 8�: Deputy 1I. 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). County Counsel ( ) Other: 90 Martinez; CA 04553 � c Dated: y i() hi0 BY: �. ' J. Deputy County Counsel j ) III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARDORD . By unanimous vote of the Supervisors present ( L,') This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAY 1 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: MAY 1 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Probation Department Contra � Gerald S. Buck . C'y CE I�R J ED County Probation Officer Administrative Offices Costa ��y �! ®l 10th Floor County APR 2 1990 Administration Building s�M 651 Pine Street 3 FNl�?hTCFiH.OR Martinez,California 94553-1289 a ARK �..r:o�SUPi:;r!SJR; (415)646-2700 t; co;:TR sT.co. i... _ _. D_e�u�n►. To: Clerk of the Board Date: 4/2/90 of Supervisors _ �v From: Carl E. Hopkins, Subject: Claim of Donald G. Glass Asst. County Probation Officer The attached claim was received in this Department on this date. Please process it. Thank you. CEH:ds Attachment DJl• ' l U !J , -, 9 -1990 WOHLNER KAPLON PHILLIPS VOGEL SHELLq&ygPW0UNTY A PROFESSIONAL CORPORATION PROBATION DEPT. ATTORNEYS AT LAW Wendy J.Barsh 15760 VENTURA BOULEVARD Joseph J. Kaplon SUITE 1510 Los Angeles Office: Ralph M. Phillips ENCINO, CALIFORNIA 91436 3660 Wilshire Boulevard Michael J.Shelley Suite 638 John A. Siqueiros (818)501-8030 Los Angeles,California 90010 Robert D.Vogel Jeffrey S.Wohlner TELECOPIER:(818)501-5306 Kenneth P.Young March 28, 1990 CERTIFIED MAIL RETURN RECEIPT REQUESTED Probation Department of Contra Costa County ���� � 651 Pine Street, 10th Floor Administration Building �ffE Martinez, California 94553 APR 2199 Attn: Claims Department 3-Ir p� PHIL BATCHELOR RK BOARD 0f. FERVISOIIS aRA COt1ACC1 Re: Claim of Donald G. Glass ;..� ... Dem To Contra Costa County Probation Department: Donald G. Glass hereby makes a claim against Contra Costa County Probation Department for injuries incurred on October 25, 1989, and makes the following statements in support of the claim: 1. Claimant's post office address is 100 E. Highway N. , Wertzville, Missouri. 2 . Notices concerning the claim should be sent to Pacey L. Wohlner, Wohlner & Associates, One Thousand & Six Grand Building, Suite 950, Kansas City, MO 64106. 3 . The date and time of the occurrence giving rise to this claim are October 25, 1989, at about 12 : 00 pm. 4 . The circumstances giving rise to this claim are as follows: At the above time and place, the claimant and his working partner, Robert M. Joyce, were making a delivery of goods to Wonder Bread shop in Concord, California, on Concord Ave. Joyce needed to back up a large truck into Wonder Bread' s premises, and the truck took up all three lanes of Concord Ave. while doing this. The claimant aided Joyce in backing up the truck by standing near the front of the truck, on the street, and directing Joyce with hand signals how to back up the truck. As soon as the truck cleared the street, an employee of the Contra 17 Claim of Donald G. Glass March 28, 1990 Page 2 Costa County Probation Department who was driving a Probation Department vehicle on Concord Ave. quickly accelerated the vehicle and drove towards the claimant. The employee forced the claimant to push himself away from the vehicle with his right hand in order to avoid being directly struck by the vehicle. This contact with the vehicle caused severe injury to his right hand and arm. 5. Claimant' s injuries are physical injury to his right hand and arm, and emotional distress. 6. The name of the public employee causing the claimant's injuries is Leon Baldwin. 7 . Jurisdiction of this claim shall reside in the Superior Court of California. Dated: 3 WOHLNER KAPLON PHILLIPS VOGEL SHELLEY & YOUNG By John A. Siiros, on behalf o claimant cc: Pacey L. Wohlner s. Y o C^ S• �ry1 h�`` t � �1�'� �'1 Ky . 0 p �O th U a o a w N N W a a A P+ co dL �+ � Cl+ � OcnYoO � N W Nw.ys � 5 WW O O aids u� W `Z "•� d CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 1, 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: $250.00 Section 913 and 915.4. Please note all "Warnings" i-:�Un y1 Counsel CLAIMANT: GRAY, William S. Jr. ATTORNEY: Date received Martine.-, CA X455.3 ADDRESS: 4645 Shasta Court BY DELIVERY TO CLERK ON March 27, 1990 (via Risk Mgmt.) Pleasanton, CA 94566 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. A ril 2 1990 PpHHIL BATCHELOR, Clerk DATED: P BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2.—')\I ) 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: S• / Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this date. (1 Dated: MAY 1 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: MAY 1 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Willi S. Gray, Jr. 4645 Sha a Court Pleasanton, A 94566 Re: Claim of WILL GRAY, JR. 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) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel B �D y. �1 Deputy Cbunty Coun 1 CERTIFICATE OF SERVICE BY MAIL C.C.P. §9 1012, 1013a, 2015.5; Evid. C. §6 641 , 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: , at Martinez, California. V cc: Clerk of the Board of Supervisors (o 'ginal) - / Risk Management v (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910. 2, 920.4, 910 . 8) ` son Han►eY IAN?, 2 6 X990 RECEIVED 11AR 2 7 1990 William S_ Gray, Jr. 4645 .Shasta Court PML BATCHELOR Pleasanton, Ca 94566 CLERK BOARD Of'SUPPRVISORS C I&ICOSTA CO De n' wV .T March 17, 1990 Department of Public.Works Contra Costa County 255 Glacier Drive = � Martinez, Ca 94553 Dear Pirs: Several weeks ago, .while driving east on Tassajara Road approximately two miles east of Dougherty Road, I hit a chuck hole in the road taus ' ing significant damage to my vehicle. It is my understanding that Con- tra Costa County is responsible for maintaining that particular section of the road. Since there was no warning of hazardous conditions (signs, barricades., etc_ ), I feel that the County is responsible for the damage to my vehicle. My insurance company has covered.most of the damages, and I. am only requesting that you cover my .$250.00 deductible. I have attached copies of the receipts for my expenses, and a copy of my insurance payment so that you may verify my out-of-pocket cost. Your cooperation..in this unfortunate matter is greatly appreciated. Sincerely, William S. Gray, Jr ... ._:;.,. I = ©22 0908 � —R California St afe Autamobile Assaciat�an nter4nsurance.Bureau `:: C}22 .. V , `DATE OF LOSS CLAIM ".. -"FR ED5 NAME,... - DATE EQ2-17-90 15=Q168C}5-4.,:,:," ,.='. -JR, OR CAI40LE A' 03-07-9Q KIND OFSUFFI% ` CLAIMANT'BNAME' AUTO OL '' 01F, .; =� <='GRAYi'WM� Si JRA OR CAROLE A` X285. 5B - r D.O. ADJUSTER NO. _. 777777mc IN PAYMENT F:. , ... - ::.. •:r;:. .. `,.i:. ,L, -.- Tltrauph O i %:L3VI3 6694, . COLLISION- 'REINBURSEMENT K` ,'i',,,, MarR>/FtiteMkNWoeINElfrlk; 11-4 -.�. - .: _ " :: Sm F,uftleoo Loin Ofte ON12 1210 23 s :!• One Eft6w-rdero te, t' TWO Ht1NDRED EIGNTY,_,F VE-r`5W.100*r-,eBenFnencbco.CABe,,, xa ,..PAY, � ,?. A R _ f/1 2 MI /^ WM� S GRAYr_i JR/ OR CARQLE..A '' ' . '�:;. - _ o '' m` .4645 .SHASTA CCT ` THE CA, .94566'' •�,aeTs►+or1uED SIGNATURE ROY Y PLEASANTON ORDER - r::::' , OF F .. . _ .._ ._.._.._._.._.......ate-...... .......__..,--�...+....uu.w..c.... _ 1180 2 2 908 9 3 414' 4 i 2 1,0000 0,49 44:9 28m9 26 26911' o°oi A 1 A'9e � I SAVE THIS COPY FOR YOUR RECORDS INITIAL TO VERIFY EXPIRATION DATE j {I ! THE TERAAS OF THIS A�,REEMENT ARE CON• E,. �.. . TAINED dN ROTH SIDES dF THIS PAGE. ►i r_`CJ`, b _ 051 O'h590 5926,0 INVOICE NUMBER iE AN,O D H A D D O X VEHICLE TAG NO. STATE UTHOR.NO. £ -1841 SANTA RITA 1 R P L E A S A N T N " CA E$3 I HEREBY ACKNOWlEOGE RECEIPT OF A.COMPLETED EX. ' P=RVICaES AMOUNT EUQ0 COPY OF THIS AGREEMENT I CLUDING THE CURRENT TERMS OF THE CREDIT CARD AGREEMENT s REFERENCED ON THE REVERSE SIDE.BUYER S SIGNATURE OTHERi 0 NOTICE: DO NOT SIGH BEFORE READING THIS tooAGREEMENT OR IF ANY SPACES INTENDED FOR I ,tOTAt AGREED TEAMS ARE LEFT BLANK. RETAIN THIS STAT, COPY.YOU MAY AT ANY TIME PAY OFF THE FDIC I 1 L'EI?AIG BALANCE,UNDEA THIS AGREEMENT. - ..O S 0 0 {. L:;, t�Oao°i r piiw INITIAL TO ERIFY ' SAVE THiSCOPYFOR`IOURRECO�DS EXPIRATI DAT THE TERAAS OF THIS COA TAINED ON BOTH SIDES O THIS PAO CL b! C. .�1 .022490 592 INVOICE NUMBER VEHICLE TAG NO. STATE 11THOR, NO- E E AND D M ADDOX 1801 SANT AA/ !T-A E F; E A S A N T'N C A E 8$ < I HEREBY ACKNOWLEO E RECEIPT OF A�OMPLETEO EX R ECUTED CrY pF T! ABREEMENT INCLUDING THE j U / RVi CURRENT TERMS OF THE CREDIT CARD AGREEMENT o sn¢i eu eo I 1 REFERENCED ON THE REVERSE SIDE. i so. sone moo BUYER'S SIGNATURE o rn>8 I OTHE i 1 NOTICE: 00 NOT SIBN BEFORE READING THIS ! I. ABREEMENT OR IF ANY SPACES INTENDED FOR { ABREED TERMS ARE LEFT BLANK. RETAIN THIS lI Aa PY.YOB MAY AT ANY TRBE PAY OFF THE�FUL.k I UNPAID BALANCE UNDER THIS AGREEMENT. i -- � 3 rHUL 1 CAROLE GRAY 4645 SHASTA CT FOR YOUR CONVENIENCE 'PLEASANTON CA 94566 OUR SERVICE DEPT. HOURS: MONDAY THRU FRIDAY 7:30 A.M.TO 6:10 P.M. SERVICE ADVISOR: BOB NO VEHICLES RELEASED AFTER SERVICE HC'URS. REPAIR ORDER .DATE READY STOCK NO. VEHICLE IDENTIFICATION CUST.NO. TAG NO.• P.O.NO. INVOICE i INVOICE NO. • WRITTEN ,. - • PRINTED , ` :'SMfAR90 ':aSM(AR90 NiHU1187GX823526 823526 T892 5M�AR90 I' 13235 TIME IN TIME READY YEAR MAKE&MODEL TELEPHONE NO. CUST.PAYDELIVERY PREPARED SIA LABOR RATE DATE BY 07547 09237 36 NISSAN MAXIMA 15-846-3089 59.00 1DEC85 52 54 — >MILEAGE IN MILEAGE OUT LICENSE NO. MISCELLANEOUS COMMENT/LOCATION 4241;0 42410 2CRA213 TECH. TYPE .''HOURS LISTIUNIT . . NET/UNIT.' .TOTAL .. .. .. a a i ALIGNM E. NT 9, FOUR WHEEL �, > . .A.17.:.'ALIGMM9ENT s °F;OLIR.'..WHEEL;. . , 27 CN 88.50 88.50 I • Zzv- i ' 7^ • / .• - .. . _' =:::DESCRIPTION..:.:• ;> : .i•;.TO �- -.------------------------ - LABORAMOUNT 88•50 ORIGINAL AUTHORIZED RTS AMOUNT • ESTIMATE ADDITIONS ------------------ GAS. S.OIL LUBEBLET AMOUNT 0•0 $SC.CHARGES 0000 NOTICE TO CONSUMER PLEASE READ I INFORMATION ON BACK _. �""' (J L.. IMPORTANT INFORM � I ;' TOTAL CHARG 8 5 BAR a AJ142242 — --------------------------••:. ES 8 ;:�y�Ij;1 per:: w:j';_ `1.�.•�� LESS INS/ADJ. Q 1 O O I ACKNOWLEDGE NOTICE AND ORAL APPROVAL OF AN INCREASE IN THE ORIGINAL ESTIMATED PRICE. SALES TAX 0,00 O O PLEASE PAY '... .` CU MERSIGNAT il'`� Tl'TAL:Ai4El1�iT. THIS AMOUNT :;88.:50 Cez ':�' I I CA•L :Jxt_ 1'I�rc ►;7',. `r �/f \) . 1 • PFF 1`: ! F?J��`',T:L�I T` I.-^._.`.TT �& I'e3` ' /VOLE ,' FOCA)✓ /V Mr a , , r �� T SuV,T►` . ST— ! S A--,,1/1 Sf INC. w f r VALLEY NISSAN ` r` t DUBLIN CA.94568 415-829-0800 a ER w lEMMAQMN^' MCp• 'CHIS SIDE UP RETAIN R 'INSERT IN IMPRINTER WITH CARE FOR R THANKYO PRICE CLUB 22300 HATHAWAY AVE HAYWARD CA. 94541 a WHSE 113 02/24/90 - �, -�-ter`•-�.-�...t.�_ _ 5131307335* 7 o 89672 TIRE 68.99A O 89672 TIRE 68.99A 40 icy==--^ ru Air_ q T 7n p H Ir 0 416 00 ag e O HD i ST TAA 10.00H _,� a-a �i 'fh2 TOTAL 147:98 CASH 200.00 CHANGE 52.02 4845 2929 2.51Ph! VALLEY IMP 10 1 PIZ"0 1 6015 Scarlett Court * Dublin Ca. 94568 101 k, SKILLED PROFESSIONALS BACKED BY GENUINE NISSAN PARTS AND ACCESSORIES GENUINE PARTS 415-829-4174 415-829-3719 VALLEY DODGE/NISSAN 6015 SCARLETT COURT DUBLINYCA#'* 94568 • 20%HANDLING CHARGE ON ALL RETURNS • NO REFUNDS AFTER 15 DAYS • NO REFUNDS ON ELECTRICAL OR SPECIAL • ALL CLAIMS OR RETURNED GOODS MUST ORDER PARTS BE ACCOMPANIED BY THIS BILL DATE ENTERED YOUR ORDER NO. DATE SHIPPED 'INVOICE DATE INVOICE N- a9 FEB 1990 49 FEB 1990 �9 FEB 199 NUMBER L/ 27411 S S 0 ACCOUNT NO. 70001 H PAGE 1 OF L D P CASH SALES CASH SALES T T 0 0 SHIP VIA SLSM. B/L NO. TERMS F.O.B.POINT 3 !CASH DUBLINYCA. OIJAN" T SHIP 112j:; �!P DE-QC .AMOUNT ART;NUMBEA 77 1 0 4 300-13ES5 U11 WHEEL 352.77 252,77 ~ 2521.77 INC. ;ALL WARRANTIES PERTAINING TO PARTS AR TEXCLUSIVE TO THE MFG* VALLEY NISSAN PARTS 252.771 1HEREBY EXPRESSLY DISCLAIMS WARRANTIES SUBLET iNO RETURNS ON ELECTRICAL OR SPECIAL FREIGHT 0.001 ;]ORDERS. NO RETURNS WIO ORIGINAL INV* SALES TAX 18.33! I CU MER'S SIGNATURE X271 . 101 CLAIM �y BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 1, 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 "Warningx" C'- unto' Uunse! CLAIMANT: SHAAT, Betty (for Vanessa Garabiles, a minor) i1i'R0 �� 1330 ATTORNEY: J. Stephen Ingerso.l.l—Thorp Anderson and Bonnifield Date received Martinez.. CA 94553 ADDRESS: 1355 Willow Way, Suite 255 BY DELIVERY TO CLERK ON March 27, 1990 Concord, CA 94520 Cert. NO. P542 b62 IU6 BY MAIL POSTMARKED: March 26, 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JVIL BATCHELOR, Cle DATED: April 2 1990 eTutE 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: `t Z 1 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORD By unanimous vote of the Supervisors present W) This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAY 1 7990 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: MAY 1 1999 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator BOARD OF SUPERVISORS,COUNTY OF CONTRAC!O �, � `�; �I MAR 2.7 1990 VANESSA GARABILES, a minor, ! by and through her Guardian ad Litem, 3 u Claimant, CLAIM AGAINST PUBLIC ENTITY PURSUANT TO -vs- GOVERNMENT CODE SECTIONS 905, 905. 2, 910, 910 . 2 COUNTY OF CONTRA COSTA and the CONTRA COSTA COUNTY PROBATION DEPARTMENT, Defendants. TO THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA: VANESSA GARABILES, a minor, by and through her Guardian Ad Litem, 84�57-7"Y S Z: , hereby makes claim against the COUNTY OF CONTRA and the PROBATION DEPARTMENT OF THE COUNTY OF CONTRA COSTA for the sum of $500,000.00 or such other sum that is authorized and makes the following statements in support of the claim. 1 . Claimant's post office address is 905 1/2 W. Sixth Street, Antioch, California 94509. 2 . Notices concerning the claim should be sent to: STEVEN INGERSOLL THORP, ESQ. , ANDERSEN AND BONNIFIELD, 1355 Willow Way, Suite 255, Concord, CA 94520 . 3 . The date and place of the occurrence giving rise to this claim are: DATE: On or about January 11, 1990. PLACE: Contra Costa County Juvenile Hall , Martinez , California. 4 . The circumstances giving rise to this claim are as follows: At the above date and place, claimant was in the custody of the CONTRA COSTA COUNTY PROBATION DEPARTMENT and residing in Juvenile Hall . Claimant, 12 years old at the time of the incident, was left. unsupervised in the company of older teenage boys, believed to be 17 years of age. During the time that the classroom was unsupervised, Claimant was threatened, assaulted, sexually and physically battered by a 17 year old teenage boy. Claimant contends that the COUNTY OF CONTRA COSTA failed to properly supervise her and provide for her safety. Claimant contends that the COUNTY OF CONTRA COSTA should not have placed her in the unsupervised company of a teenage boy that assaulted, battered and sexually abused her and further contends that the COUNTY OF CONTRA COSTA knew of the violent and sexually abusive tendencies of her attacker. 5. The names of the public employees causing Claimant's injuries are unknown. 6. Claims as of this date are estimated at $500,000 .00. 7. The basis of computation of the above amount is based upon but not limited to, the emotional and physical trauma suffered by claimant and the need for future psychological and/or psychiatric treatment. 2 DATED: �>► IQgo ANDERSEN AND BONNIFIELD B 7 Y J. STEPHENGER LL-THORP, Attorney for Clai ant 50 cn f p s i .rA -3 0 .,A N • 0 P N s i o m dawNa o X m Aomu ~a ° 6 U n O P�+ Q O ` ua u A� , d ANDERSEN AND BONNIFIELD AN ASSOCIATION OF ATTORNEYS MITCI#FLI-A. STEVENS 13ng W11-1.0W WAY-SOJITE 2-3-3 MAILINr, AOn"rSS R_ M. notmfrIELO CONCORD. CALIFOnNIA 94520 0. Box 5926 J. SrEPIWt4 INGEPSOLL-THcmr, CONCORD,CA 94524-09.*5 CnAI(3 F.AfJOF.PSEN ne-5-510() FAX (415)9295-0143 KAREN A. StF-WART March 26 , 1990 Clerk To: Board of Supervisors 651 Pine Street Martinez , CA 94553 L-,ECEJN7E7-+- MAR 2 7 1990 Subject: C(EPK BOARD Qi:5 Vanesa Garabiles A COSTA' ' COF Enclosures : Claim Against Public Entity Pursuant Government code Sections 905 , 905 . 2 , 910 , 910 . 2 Requested: Issuance and return of Summons; ( X) Filing and return of endorsed filed copy (s) ; Secure Court' s signature to original and return filed copy (s) ; Calendar for Record and return.; Prepare and return receipt for check enclosed; Other: Thank you; your assistance is greatly appreciated . ANDERc-"ZN),& BOHNIFI I'D By Z, 01C 1A ObP. Star C11, CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 1, 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: $45.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: TOTH, Matt unhY Counsel ATTORNEY: P%prw i ;y 1990 Date received Martinez. CA 04553 ADDRESS: 1513 Silverwood Drive BY DELIVERY TO CLERK ON April 2, 1990 Martinez, CA 94553 BY MAIL POSTMARKED: March 29, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 2, 1990 8q`: UeputyLOR, 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: ��/ S. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 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 o.f the Board's Order entered in its minutes for this date. Dated: MAY 1 10 On 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: MAY 1 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator i=td 13 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY0� INSTRUCTIONS TO CLAIMANT A. Claims relating to- causes of action for death or for injury to persRarJt 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 accrue" -lgpbm action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, .651' Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp RECEI .1E Against the County of Contra Costa ) APR 21990 S ! or ) PKC AiCHEIGR ��� ' 1�``T';:"; i !; +t� District) CIER OARD C STA CO;ORS ' 3 C A COSTA CO. De ....... ... Fill in name i --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) _-a C_'_ op! _______—1________________________________ 2. - Where did the damage or injury occur? (Include city and county) 4. ------- - = ° --------=n `"�='�� �--=` =/ h --------- - -/ ----- l == '---=-------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) 1. X0_!1 c r i,Cc 4. What particular act or omission on the✓ part of county or district officers, servants or employees caused the injury or damage? ii (over) . 5.. What are the names of county or district officers, servants or employees causing the damage or injury? --------�rif{ C'�tl ------------------------------------------------------------------ 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ---�h� =-------------------- -- � J r---------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) all ---------f-------�--- ------- -----J--1-- - -------------- 8. Names and addresses of witnesses, doctors and hospitals. -----��=='----!------'----------------------�-'y' ------ +--------"----------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Claimant's Signature r Iv/4-'r er/ r)rr Address Telephone No. Telephone No. 3�14-2-u .4 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. i t' t o G ass A#.`i I Q ;ice: sr� ao-�f}era..as I C MAKES C}......GN` 46 Q,OMESTI0.;*FAST;TU.N'AR.4;UND!>:;'. ' PRODUCTION AUTO GLASS 351 F3MrADERO ■■//��■■ (near 5th Ave.) 1/jj/"���5-4700 .. Oakland MUM 1 OURBSIDE GLASS SERVI x.9,95 CE " ""SERVICE A? YOUR CURB" 687-3217 $ an, up (Servicing entire.Bay Area) For ---- ___ Estimate r | \� ! ' Q0 & 0 _ ik \ � � . � # ® & Q 'A C6 � 1 2 ' % . _ \e 0 . a \ \ ^ a .� d t � ;' i° � � .� �� � ,� � �,i1 .,tiy w�� \ �z "�► SL v "� 6} r„'1 � � - j .. '� `� q ,�( � V g a ",-�-. � ' "�"' � Ct. �. . c= APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION MAY 1, 1990 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this locument 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 Goverment Code.) ) given pursuant to Government Code Sections 911 .8 and 915.4. Please note the "WARNING„ below. Claimant: DIANA J. (a pseudonym) I ®U0Sol Attorney: Emily Doskow and Hannah Schwarzschi.ld 130 E'1 Attorneys at Law I=11 Address: 848 East 28th Street0.4553 Oakland, CA 94610 Mart CA Amount: Undetermined By delivery to Clerk on March 30, 1990 (hand delivered) I Date Received: 3/30/90 By mail, postmarked on i I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above noted Application to File Late Claim. i DATED: April 2, 1990 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel lerk of the Board of Supervisors ( ) The Board should grant this Application to FilelLate Claim (Section 911.6). i . The Board should deny this Application to File Late ClaimQ (Section 911 . ). DATED: i-) 2 Q VICTOR WESTMAN, County Counsel, By ,,Jly Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) i ( ) This Application is granted (Section 911 .6). ( Vf""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: MAY 1 1990 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code §911.8) 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 u want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 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: MAY 1 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. i DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM A ^� ID L [41AR 3.0 1990 • /• y Inn _ 1 PHIL BATCHELOR C RKOARD,' F. Vf.iV150C5 c i c _ A G. 2 IN THE MATTER OF THE CLAIM OF APPLICATION FOR LEAVE 3 DIANA J. , a pseudonym TO PRESENT LATE CLAIM 4 Against (Government Code § 911.4) 5 WEST COUNTY COMMUNITY MENTAL HEALTH 6 CENTER, COUNTY OF CONTRA COSTA 7 1 8 TO: WEST COUNTY COMMUNITY MENTAL HEALTH CENTER COUNTY OF CONTRA COSTA 9 Application is hereby made for :leave to present a late claim 10 pursuant to Government Code § 911.4 . The claim is founded upon 11 causes of action for violation of! Civil Code § 43 . 93 , sexual 12 assault and battery, intentional :and negligent infliction of 13 emotional distress, negligence, professional negligence, negligent 14 retention and supervision, corporate negligence, and breach of 15 fiduciary duty. 16 The claims accrued during the period of July 1987 through 17 March 31, 1989 . The circumstances of the claim are set forth in 18 the attached Claim and are incorporated herein by reference. This 19 claim was not presented within the six-month period required by 20 Government. Code § 911.2 . 21 The failure to present this claim within the six-month period 22 23 specified by Government Code Si911. 2 was through mistake, inadvertance, surprise and excusable neglect as well as mental 24 incapacity of the claimant, as set forth more particularly in the 25 declaration of Diana J. attached hereto. 26 1 The public entities set forth above were not prejudiced by the 27 28 1 I I 1 failure to file the claim in a timely manner, as is further shown 2 by the declaration of Diana J. attached hereto. 3 This application is presented within a reasonable time after 4 the accrual of the cause of action as shown by the declaration of 5 Diana Jevon attached hereto, and within one year of the accrual of 6 the claim as required by the applicable statute of limitations. 7 WHEREFORE, it is respectfully requested that this appplication 8 be granted and that the attached claim be received and acted upon 9 in accordance with Government Code §§ 912 .4 and 912 .8 . 10 11 Dated: March 30, 1990 12 EMILY O KO 13 Attor ey for claimant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT vEp D [!1AR o 1990 PWL sn-c11ROR 2QE IN THE MATTER OF THE CLAIM OF DECLARATION OF DIANA J. 3 DIANA J. , a pseudonym, In Support of Application 4 Against for Leave to Present Late Claim WEST COUNTY COMMUNITY MENTAL (Govt. Code S 911.4) 6 HEALTH CENTER, COUNTY OF CONTRA COSTA 7 8 9 10 1, DIANA JEVON, hereby declare and state as follows: 11 1. I am a resident of the State of California, County of 12 Contra costa. 13 2. Iam the claimant in a claim againt a public entity under 14 Government Code §§ 905, 905.2, 910 and 910.2. The claim is 15 attached to the Application for Leave to Present Late Claim with 16 which this Declaration is filed. 17 3 . The injuries on which this claim is based occurred during 18 the period between approximately July of 1987 and March 31, 1989, 19 when I was being treated by Ed Sanchez, counselor with West County 20 Community Mental Health Center, an agency of Contra Costa County, 21 and are more particularly described in my proposed claim. 22 4. The act with regard to which the time limitations on this 23 claim began to run occurred on March 31, 1989. However, I was not 24 aware that the acts of Ed Sanchez were injurious or actionable 25 until the six-month period for filing a claim under these sections 26 had passed. 27 5. Sexual abuse by a therapist of a patient is well known to 28 1 be injurious and is actionable under the law. It is also well 2 known that persons who are abused by others in positions of 3 authority over them often are not aware of the abusive nature of 4 the relationship, and believe it to be consensual. Until I 5 discovered the extent of my injuries due to the sexual relationship 6 with Ed Sanchez, I also believed this; upon beginning a new course 7 of therapy I became aware that the relationship was in fact 8 inappropriate and abusive on his part. 9 6. My failure to file a claim within the six month time limit 10 was a result of excusable neglect due to my delayed discovery of 11 my injuries. 12 7 . I have been mentally incapacitated and unable to work 13 during most of the period since March of 1989 . I have been 14 receiving disability benefits during this period. I have been 15 unable to attend to much of my personal business, including 16 preparation of this claim. 17 8. In October of 1989 I filed an ethical conduct complaint 18 with the County of Contra Costa with regard to the actions of their 19 employee Ed Sanchez. Thus the public entities involved have been 20 aware of my claim against them since that time. 21 9 . There is no prejudice to either of the public entities in 22 allowing me to file my claim beyond the six-month time limit. An 23 investigation followed from my ethical conduct complaint, resulting 24 in the resignation of Ed Sanchez from his employment with the 25 County. Thus the public entities have had opportunity to 26 investigate and have not been prejudiced by the lapse of time in 27 terms of their ability to collect evidence. 28 2 1 10. My current attorneys were the first persons to inform me & � of the requirement of filing a notice of claim with the std, j- 2 d 3 by the time I contacted them the six month time period was long 4 past. 5 I declare under penalty of perjury that the foregoing is true 6 and correct and that this declaration was executed on March ,2�, 7 1990, at Oakland, California. 8 t 9 - 10 DIANA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 I',AR 3 0 1990 1 PHL BATCHELOR tJE 6jCj^kDOF i/P�RVISO By .•l• !Y(CA D .f_ Deoufv 2 - IN THE MATTER OF THE CLAIM OF CLAIM AGAINST PUBLIC 3 DIANA J. , a pseudonym ENTITY 4 Against (Government Code §§ 905 et. seq. ) 5 WEST COUNTY COMMUNITY MENTAL HEALTH 6 CENTER, COUNTY OF CONTRA COSTA 7 8 TO: WEST COUNTY COMMUNITY MENTAL HEALTH CENTER COUNTY OF CONTRA COSTA 9 10 DIANA J. hereby makes this claim against the West County 11 12 Community Mental Health Center and the County of Contra Costa and makes the following statements in support of the claim: 13 1. Claimant's post office address is c/o Hannah Schwarzschild 14 and Emily Doskow, Attorneys at Law, 848 East 28th Street, Oakland, 15 California 94610. 16 2 . Notices concerning the claim should be sent to claimant 17 at the above address. 18 3 . The dates and places of the occurences giving rise to this 19 claim are various, but primarily occurring in Contra Costa County 20 between the dates of approximately July of 1987 until March of 21 1989. 22 23 4 . The circumstances giving rise to this claim are as 24 follows: at the above times and places and at other times and places, an employee and agent of the above-named public entities 25 26 engaged in prohibited sexual contact with claimant, which conduct 27 the above-named public entities failed and refused to prevent and 28 1 1 thereby ratified. 2 5. Claimant's injuries are severe mental and emotional 3 distress, medical expenses and other special damages, loss of wages 4 and benefits. 5 6. The name of the public employee causing the claimant's 6 injuries is Ed Sanchez. 7 7 . The amount claimed is such that the jurisdiction over this 8 claim would rest in Superior Court. 9 Dated: March 30, 1990 10 EMILY OSKOW 11 Attor `ey for Claimant 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 i..�y APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT MAY 1, 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: HARRISON, Debra ty CQU05c, Attorney: Kurt K. Robinson, Esq. �\•��j; 1��0 The Robinson Law Firm c►4553 Address: 31 East Julian Street Martinez, CA San Jose, CA 95112 Amount: $35,000.00 By delivery to Clerk On March 28, 1990 (hand delivered) Date Received: 3/28/90 By mail, postmarked on 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: April 2, 1990 PHIL BATCHELOR, Clerk, By Deputy P Y II. FROM: County Counsel 70,. lerk 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 LateClaim (Sectio 911.6). DATED: 9j 2 9 0 VICTOR WESTMAN, County Counsel, By ��"�JO� S• Deputy III. BOARD ORDER By unanimous vote of Supervisors present (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: MAY 1 1990 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code §9 .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 T0: 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: MAY 1 1990 PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 2 County A finis ator 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 KURT K . ROBINSON , ESO. THE ROBINSON LAW FIRM 2 31 East Julian Street San Jose , CA 95112 3 Telephone : ( 408 ) 288-7030 4 Attorney for Claimant . RECEIVED 5 HaDet' c cl y.10 6 MAR 2 01990 PMiL BATCHELOR 7 CLERK BOARD Of SU ERV SORS B - 8 DEBRA HARRISON , ) 9 Claimant , ) APPLICATION FOR LEAVE TO PRESENT LATE CLAIM OF 10 vs . ) DEBRA HARRISON (Gov . Code Section 911 . 4 ) 11 BAY AREA RAPID TRANSIT , ) CITY OF HAYWARD , CONTRA ) 12 COSTA COUNTY , ALAMEDA ) COUNTY , COUNTY OF SAN ) 13 FRANCISCO, and DOES 1 ) through 25 , inclusive , } 14 ) Defendants . ) 15 ) 16 TO: BAY AREA RAPID TRANSIT , CITY OF HAYWARD, COUNTY OF 17 ALAMEDA , CONTRA COSTA COUNTY , COUNTY OF SAN FRANCISCO is 1 . Application is hereby made , pursuant to Government 19 Code , Section 911 . 4 for leave to present a late claim founded 20 on a cause of action for negligence causing personal injury 21 to Debra Harrison which occurred on June 4 , 1989 , for which a 22 claim was inadvertently not presented within the six month 23 period provided by Section 911 . 2 of the Government Code . For 24 additional circumstances relating to the cause of action , 25 reference is made to the proposed claim attached to this 26 application . 27 2 . The failure to present this claim within the six 28 month period specified in the Government Code was through 1 I mistake , inadvertence , and surprise ( see Declaration of Kurt. 2 K . Robinson and attached exhibits ) . The respondents were not 3 prejudiced in any way by this failure , as particularly shown 4 by the attached Declaration of Kurt K . Robinson , attached as 5 Exhibit "A" . 6 3 . This application is being presented within a 7 reasonable time after the accrual of this action , as more 8 particularly shown by the attached exhibits . 9 WHEREFORE , it is respectfully requested that this 10 application be granted and that, the attached proposed claim 11 be received and acted on in accordance with Sections 912 . 4 - 12 9 1 , of the Government Code . I 13 gated : March 13 , 1990 /X-- KURT K . ROBINSON 14 Attorney for Claimant DEBRA HARRISON 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RT K . ROBINSON , ESQ . i .E ROBINSON LAW FIRM 2 31 East Julian Street San Jose , CA 95112 3 Telephone : ( 408 ) 288-7030 4 Attorney for Claimant. 5 6 7 8 DEBRA HARRISON , ) 9 Claimant , ) PROPOSED CLAIM FOR DAMAGES (Gov . Code Section 911 .4 ) 10 v S . 1 - 11 BAY AREA RAPID TRANSIT , ) CITY OF HAYWARD, CONTRA ) �. 12 COSTA COUNTY , ALAMEDA ) COUNTY , COUNTY OF SAN ) 13 FRANCISCO, and DOES 1 ) ' through 25 , inclusive , ) 14 ) Defendants . ) 15 ) — ---- 16 TO: BAY AREA RAPID TRANSIT , CITY OF HAYWARD, COUNTY OF 17 ALAMEDA , CONTRA COSTA COUNTY , COUNTY OF SAN FRANCISCO 18 YOU AND EACH OF YOU WILL PLEASE TAKE NOTICE that the 19 undersigned hereby serves and makes a demand upon you for the 20 cause and amounts set forth in the following claim: 21 Debra Harrison Timber Apartments 22 25200 Santa Clara Street, #261 Hayward , CA 94544 23 24 Claimant' s mailing address to which notices are to be 25 mailed : 26 c/o Kurt K . Robinson , Esq . 31 East Julian Street 27 San Jose , CA 95112 28 AMOUNT OF CLAIM : Special damages and expenses 1 I proximately caused by the occurrence described below and 2 general damages in the sum of : 3 THIRTY-FIVE THOUSAND DOLLARS ( $35 , 000 . 00i 4 DATE AND PLACE OF OCCURRENCE GIVING RISE TO THE CLAIM 5 ASSERTED : On or about June 4 , 1989 , Respondents did 6 negligently , and recklessly maintain the BART TRAIN , in 7 complete disregard for the safety and well -being of citizens . 8 As a proximate result of the foregoing negligence of the 9 Respondents , Claimant was caused to sustain serious and 10 severe personal injuries and damages , as hereinafter 11 described . 12 Claimant , while attempting to board the BART TRAIN , 13 slipped on a wet , slippery substance . Claimant was 14 immediately transported via ambulance to KAISER HOSPITAL , as 15 a direct result Claimant has been injured in her health , 16 strength and activity , and person , all of which said injuries 17 have caused and continued to cause , Claimant great mental , 18 physical and nervous pain and suffering . ' 19 Dated : March 13 , 1990 KURT K. ROBINSON 20 Attorney for Claimant DEBRA HARRISON 21 22 23 24 25 26 27 28 I KURT K . ROBINSON , ESC . THE ROBINSON LAW FIRM 2 31 East Julian Street San Jose , CA 95112 3 Telephone : ( 408 ) 288-7030 w �, Attorney for Claimant. 5 MAR 2 6 PWL BA7CNEL ,1•COGS I� LERK BOARS Of SU ` I CONTRA COgT< i 7 LC 8 DEBRA HARRISON , ) 9 Claimant , ) DECLARATION OF KURT K . ROBINSON IN SUPPORT OF 10 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 11 BAY AREA RAPID TRANSIT , ) i CITY OF HAYWARD, CONTRA ) I 12 COSTA COUNTY , ALAMEDA ) COUNTY . COUNTY OF SAN ) 13 FRANCISCO, and DOES 1 ) 14 through 25 , inclusive , ) ) Defendants . ) 15 ) 16 I , KURT K . ROBINSON , declare: 17 1 . I am the attorney of record for DEBRA HARRISON and 18 make this declaration in support of DEBRA HARRISON ' s 19 application for a leave to present a late claim. 20 2 . I am an attorney duly licensed to practice law in 21 the State of California. The facts contained in this 22 declaration are within my personal knowledge and I am 23 competent to testify to their truth if called as a witness . 24 3 . On or about August 1 , 1989 , my part-time law clerk , 25 NICOLA WOODS , went to Claimant' s home to have her sign the 26 retainer agreement , because Claimant was unable to come to 27 the office due to her physical injury . I was unable to go 28 personally due to an extremely heavy caseload and impending 1 I jury trials . 2 4 . My law clerk then failed to inform the office that 3 it was a claim against BART and calendared the case for a 4 one-year statute . 5 5 . On or about March 13 , 1990 , my new law clergy: , SHAUN 6 ALLICOCK tickled the case , and observed that the cause of 7 action was against a government entity . i 8 6 . Immediately a claim for relief was prepared and 9 mailed to the appropriate counties . 10 I declare under penalty of perjury under the laws of the 11 State of California that the foregoing is true and correct, 12 anc that this declaration was executed on March 13 , 1990 at 13 San Jose , California. 14 / KURT K. ROBINSON 15 Attorney for Claimant 16 DEBRA HARRISON 17 18 19 20 21 22 23 24 25 26 27 28 I KURT K . ROBINSON , ESQ. THE ROBINSON LAW FIRM „..R 2 31 East Julian Street y� San Jose , C A 95112 RD,.M;'. 3 Telephone : ( 408) 288-7030 MAR 2 8 1990 4 Attorney for claimant . F1i;L BAiCHEL 5 CLERK BOARD OF SU j BByy ...... CONTRA COST] a... -- J 6 i 7 i 8 DEBRA HARRISON , ) 9 Claimant, ) DECLARATION OF NICOLA. WOODS IN SUPPORT OF 10 ;s ) APPLICATION FOR LEAVE TO PRESENT LATE CLAIM 11 BAY ,AREA RAPID TRANSIT , ) i CITY OF HAYWARD, CONTRA ) 12 COSTA COUNTY , ALAMEDA ) COUNTY , COUNTY OF SAN ) 13 FRANCISCO , and DOES 1 ) 14 through 25 , inclusive , 15 Defendants. ) 16 I , NICOLA WOODS , declare : 17 1 . I am a part-time law clerk at the law offices of 18 Kurt K . Robinson . 19 2 . On or about August 1 , 1989 , I went to Debra 20 Harrison ' s home , because she wished to retain our office , and 21 was too hurt to travel to our office . 22 3 . I had Debra Harrison sign the retainer agreement and 23 relate the incident . 24 4 . When I went back to the office , I calendared the L5 case as if it were a regular tort claim, and placed the file 26 in the cabinet . 27 I declare under penalty of perjury under the laws of the 28 State of California that the foregoing is true and correct , i I and that this declaration was executed on March 13 . 1990 at 2 San Jose , California . N COLA W00D'S 4 Law Clerk 5 6 7 8 9 10 11 12 j I 13 f 14 15 16 17 18 i 19 20 21 22 23 24 25 26 27 28 APPLICATION TO FILE LATE CLALM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT MAY 1, 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: HICKS, Robert S. (',:€„nty Counsel Attorney: James L. O'Dea, Inc. �.. 1r� f1 Attorney at Law j'�� (�` �y IJU Address: 418 Third Street attttleZ, GA 114553 Oakland, CA 94607 Amount: $1,000,000.00 By delivery to Clerk on March 28, 1990 Date Received: March 28, 1990 By mail, postmarked on March 27, 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: April 2, 1990 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel TO: erk 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 Cj1�iim (Section 911.b}. DATED: /2 /jo VICTOR WESTMAN, County Counsel, .. Deputy III. BOARD ORDER By unanimous vote of Supervisors presen (Check one only) ( ) This Application is granted (Section 911.6). ( to 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:_ MAy_.] 1994 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Code911.8) 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: MAY 1 1994 PHIL BATCHELOR, Clerk, BY Deputy V. FROM: 1 County Counsel 2 County Alai rator 70: Clerk of the Board Received copies of this Application and Board Order. of Supervisors DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM 1 JAMES L. ODEA, INC. T.'-.torney at Law R% E7 C E I V E D 2 418 Third Street Oakland, CA 94607 h�pR 2 II 3 Tel : 415 444-2989 1990 4 Attorney for plaintiff CLERKBOAAAOfSUPERVISORS COSTA CO 8 ....... .... Debut 5 6 7 8 IN THE MATTER OF THE ) APPLICATION FOR LEAVE TO CLAIM OF ) PRESENT LATE CLAIM 9 ) ROBERT S . HICKS, ) 10 ) against COUNTY OF CONTRA COSTA 11 ) 12 TO COUNTY OF CONTRA COSTA: 13 1. Application is hereby made for leave to present a late 14 claim under Section 911. 4 of the Government Code . The claim is 15 -Founded on a cause of action for personal injuries and property 16 damage, which occrued on August 22, 1989, and for which a claim 17 was not timely presented. For additional circumstances relating 18 to the cause of action, reference is made to the proposed claim 19 attached hereto as Exhibit A and made a part hereof. 20 2. The reason for the delay in presenting this claim is 21 mistake, inadvertence, surprise, and excusable neglect of the 22 claimant, as more particularly shown in the declaration of James 23 L. O'Dea, attached hereto. County of Contra Costa was not 24 prejudiced by the failure to timely file' the claim as shown by the 25 declaration of James L. O'Dea attached hereto as Exhibit B and 26 made a part hereof. 27 -3. This application is presented within a reasonable time 28 after the accrual of the cause of action as shown by the declara- AMES.OVEA.ESO. OSS THIRD STREET tion of James L. O' Dea attached hereto as Exhibit .B and made a )AKLAND.CALIF.94607 (4153"4.2989 -1- 1 part hereof . 2 WHEREFORE, it is respectfully requested .that this application 3 be granted and that the attached claim be received and acted upon 4 in accordance with Sections 912 . 4 - 912 . 8 of the Government Code. 5 DATED: March a7 1990. 6 JAMES L. ODEA, Attorney 7 for claimant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMES.O'DEA,ESO. -2- 41 a 2- 41!THIRD STREET )AKLAND,CALIF.84807 14151444-2989 1 JAMES L. ODEA, INC. Attorney at Law 2 481 Third Street Oakland, CA 94607 3 Tel : 415 444-2989 4 Attorney for claimant, ROBERT S . HICKS, 5 CLAIM FOR PERSONAL INJURIES Gov.Code s. 910 6 7 TO COUNTY OF CONTRA COSTA, BOARD OF SUPERVISORS, 651 Pine St. , Martinez, CA 94553 8 CLAITIANT: ROBERT S . HICKS 9 ADDRESS: 2300 Sycamore Drive, No. 56, Antioch, CA 94509 SEND NOTICES TO: JAMES L. ODEA, INC. , 418 Third St. , Oakland, 10 CA 94607 11 DATED OF ACCIDENT: August 22, 1989 PLACE OF ACCIDENT: Bolinger Canyon Road 1 . 3 miles North of 12 Deerwood Drive, Contra Costa County, State of California. 13 CIRCUMSTANCES OF ACCIDENT: At said time and place, County of 14 Contra Costa owned, managed, and controlled Bollinger Canyon Road . Construction was negligently performed on said road in that sand 15 and gravel were not cleaned up but were left on the road in excessive amounts, thereby creating a dangerous condition. 16 County of Contra Costa negligently created this dangerous condition and/or failed to take measures to protect and warn 17 claimant against it, having sufficient notice thereof. As a proximate result thereof, claimant lost control of the vehicle 18 he was driving and it rolled over off the roadway, thereby causing injuries and damages to claimant. 19GENERAL DESCRIPTION OF. 'INJURY, DAMAGE OR LOSS : Serious multiple injuries consisting of a ruptured spleen; enucleation of the gall- 20 bladder from the liverbed; multiple liver lacerations; rupture of the right dome of _.the diaphram; right hemothoral ; widened medias- 21 tinum; fractured ribs; numerous lacerations on right forearm. Income loss; property damage and general damages . 22 AI•iOUL4T OF CLAIM AND BASIS OF COMPUTATION: Personal injuries , 23 income loss , property damages , general damages in the amount of $1, 000, 000. 00 24 DATED: March , 1990 25 ; % JAMES L. O' DEA, Attorney for 26 claimant 27 / 28 AMES.0-DEA,ESC 010 THIRD STREET 7AKLAND,CALIF.94907 (410)404-2909 EXHIBIT "A" 1 JAMES L. ODEA, INC. Attorney at Law 2 418 Third Street Oakland, CA 94607 3 Tel : 415 444-2989 4 Attorney for claimant, ROBERT S . HICKS 5 6 7 8 IN THE MATTER OF THE CLAIM OF DECLARATION OF JAMES L. ODEA 9 ROBERT S . HICKS, 10 AGAINST 11 COUNTY OF CONTRA COSTA 12 13 I, JAMES L. O' DEA, declare under penalty of perjury as follows : 14 I an an attorney at law duly admitted to practice in all the 15 courts of the State of California, and am the attorney for claimant 16 ROBERT S. HICKS, herein. 17 On or about February 7, 1990 I was retained by claimant to 18 prosecute his claim for personal injuries arising out of an 19 automobile accident which occurred on August 22, 1989 . The 20 accident and resulting injuries were caused by a dangerous condi- 21 tion of Bollinger Canyon Road due to construction. Prior to 22 retaining me claimant, believing that the State of California was responsible for the dangerous condition of the road, had presented 23 a claim in propria persona to the State. However, on March 8 , 1990 24 my investigator discovered and informed me that Bollinger Canyon 25 Road was the property of the County of Contra Costa. There was 26 mistake, .inadvertence, and excusable neglect of the claimant in 27 failing to discover earlier the true owner of the road, and there 28 -1- AMES.OTEA,ESO. 418 THIRD STREET OAKLAND,CALIF.84507 (4151444-0888 EXHIBIT "B" 1 of 2 1 was surprise in discovering on March 8 , 1990 that the owner was the 2 County of Contra Costa. 3 The County of Contra Costa has not been prejudiced by the failure 4 to file a timely claim because the accident was investigated and 5 recorded in a Traffic Collision Report, which refers to the 6 construction taking place and the gravel on the road. Moreover, 7 claimant had until February 22 , 1990 to file a timely claim, so 8 that one month' s delay is not significant. This application is 9 presented seven (7) months after .the accrual of the cause of action, 10 which is a reasonable time. 11 Executed at Oakland, California on March 1990 . 12 13 JAMES L. ODEA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMES.D'DEA.ESQ -2- 418 THIRD STREET 7AKLAND'CALIF.94907 91 141444-2989 EXHIBIT "B" 2 of 2 JAMES L. O'DEA• INC- , 418.3RD STF,,.F-ET L p-5134 170 624 OAKLAND. GA U"' 3507 lo: im will 0 _.."0. 1 0 o 0S ooss o Mir,,, a *ww a ,- o o o fir` ON 0 •.z� %%� o° o ,' °o c �_ o _ '� r 0. ..,P'�:.., ; o._ o..1. •` o,_- r o. r ° ° SF j c•:=.i a `lj •1 a o �11yf,;�:iif o��° t'• 0 1�.4ht;iii ` a '�,i 4it] !tcs rt'.�.•: .as' Q.+i:�'.w' L..:.._ �a._...� - o ,. °G �.i. Y ///�You'mitC. <,. ]u�•miic' ]�se'luite-'.�. Yt>semile:'__ 1'oxinile': - ]' Y,semi'te -� �liic. o , 0 i• d �AWd0 o ..190 i I""""�rY � a � l2a -., K -- _ :. ° y_. -•ic_—mss."".,s�""� ,�y•.":.Y' A., Tim" ��gil.11111 ° 0�f111'lill[4'-.. .....i.._.-• -: _ COUNTY OF CONTRA COSTA BOARD. OF SUPERVISORS 651 Pine Street Martinez, CA 94553 T.. VEE f.lAR 2 8 1990 PHI! U.TCHfjoR CLERM,QA!!U OI'SUPERVISORS COWRA COSTA CO. BY