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HomeMy WebLinkAboutMINUTES - 05221990 - 1.19 ' ;AMENDED__ i CLAIM / L �``•P^ 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 22, 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: $21,000,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PITTMAN, Beverly and. Larry . ATTORNEY: Laurence F. Padway Padway & Padway Date received ADDRESS: A Professional. Corporation BY DELIVERY TO CLERK ON April 23, 19903 One Kaiser Plaza; Suite 1930* Oakland, CA 94612 BY MAIL POSTMARKED: April 20, 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. . Pp April 23, 1990 HHIL BATCHELOR, Clerk. DATED: BY: 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: �� 245 10 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 o.f the Board's Order entered in its minutes for this date. . Dated: MAY 2 2 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: M�1( 2 2 .1990 BY; PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 LAURENCE F. PADWAY PADWAY & PADWAY JECEI ED 2 A Professional Corporation One Kaiser Plaza, Suite 1930 'APR 2 3 1990 3 Oakland, CA 94612 (415) 839-7999 rf,a e,;TaHa.oa 4 CLER OF SUPERVISORS COSTA CO. 0 ...... .... Deput 5 Attorneys for Claimants 6 7 8 CLAIM AGAINST PUBLIC ENTITY 9 10 In the matter of the claim of 11 BEVERLY PITTMAN AND LARRY PITTMAN, 12 Claimants, 13 VS. AMENDED TORT CLAIM 14 CONTRA COSTA COUNTY, 15 Defendants. 16 17 Claimants Larry and Beverly Pittman claim against 18 Contra Costa County as follows: 19 20 . 1. Notices regarding this claim may be sent to 21 claimants ' attorney, Laurence F. Padway, Padway & Padway, A 22 Professional Corporation, One Kaiser Plaza, Suite 1930, 23 Oakland, California 94612 , telephone 415-839-7999 . 24 25 2 . This case arises out of a traffic collision 26 which occurred on December 25 1989 at 5: 00 p.m. at Market 27 Avenue at Truman Avenue, unincorporated area of Contra Costa 28 County. -1- . f 1 3 . At the time and place described, Contra Costa 2 County Deputy Sheriff F. Battles, No. 34587, was engaged in a 3 high speed chase of a vehicle driven by Earl T. Johnson. The 4 Johnson vehicle crashed into Claimants ' vehicle causing serious 5 personal injury and property damage. 6 7 4. The acts of the public entity and its employees 8 were negligent in that: 9 10 a. The chase was conducted negligently and in a 11 dangerous fashion. 12 b. The public entity negligently hired, trained, 13 supervised and instructed its employees with regard 14 to high speed chases. 15 C. The chase was conducted in violation of policies 16 of the Contra Costa County Sheriff. 17 18 5. Claimant Larry Pittman sustained, inter alia, a 19 fractured thumb in the incident. Claimant Beverly Pittman was 20 rendered a C-5 quadriplegic in the incident. Both Claimants 21 suffered property damage and personal injuries, wage loss, loss 22 of .earning capacity, loss of consortium and general damages in 23 the incident. 24 25 26 27 28 -2- 1 6. Larry Pittman claims damages of $1, 000, 000. 00. 2 Beverly Pittman claims damages of $20,_000, 000. 00. 3 4 DATED: April �_, 1990. 5 PADWAY & PADWAY 6 A Professional Corporation 7 By 8 LAUA NICE F. PADWAY Attorneys for Claimants 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- The Ordway . PADWAY & PAD WAY One Kaiser Plaza,Suite 1930 A Professional Corporation Oakland,CA 94612 Ocher Offices San Francisco (415) 839-7999 San Jose7EDJ Apr i1 12, 1990 ECi IAPR 2 3PHI BATCHELORCLERK BUA't OF SU9ERVISOBoard of Supervisors coNTRn o. County of Contra Costa 651 Pine Martinez, CA Pittman v. Contra Costa. County Amended Tort Claim- Re: Tort 'Claim Dear Clerk: Regarding the enclosed, please : ( ) Issue and return in the enclosed envelope. LXXX ) File originals and return filed endorsed copies. ( ) Certify and return in the enclosed envelope. ( ) Record and return copies in the enclosed envelope. ( ) Calendar the matter for hearing on the date indicated. ( ) Find check enclosed in the sum of $ ( ) Present for signature. _ . Very truly yours, Elaine Horton Enclosure 'o i APPLICATION TO F01 ,LATE CL'AIMi �� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD 11GACTION Application to File Late Claim ) NOTICE TO APPLICANT' MAY 2'2 , 1990 Against the County, Routing ) The copy of this document mailed to you lis your Endorsements, and Board Action.) notice of the action taken on your aIII Iscatillon by (All Section References are to the Board of Supervisors (Paragraph ;Itilh;l below), California Goverment Code.) ) given pursuant to Government Code Secons 9'11.8 and 915.4. Please note the "WARN I, I, . {i; Claimant: LOWERY, Charles � II MAY 1990" Attorney: ' 6d1��_ USS Shasta, AE 33 ap 4 SS ; Address: FPO San Francisco, • CA 96678-3009 , r Amount: By delivery to Clerk on April 25 , j 19 9 0 (hand delivere II . Date Received:, April 25 , 1990 By mail, postmarked on III � Ali �11 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. J IH� DATED: May �1 ; 19 9 0 PHIL BATCH LOR, Clerk, By 11 Deputy 17 II. FROM: County Counsel Clerk of the Board of,' Sup rvisors ( ) The Board should grant this Application to File Late Claim (Section 9116).'' The Board should deny this Application to File Late Clam (Section ;91.1.'6). DATED: �j S <� VICTOR WESTMAN, County Counsel, By l Deputy III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) j ( ) 1s Application is granted ('Section 911 .6). i. (VZ)" This Application to File Late Claim is denied (Section 911.6). I I certify that this is a true and correct copy of the Board's Order enteredIin its minutes for this date.. `til DATE: MAY 2 2 1qqfl.. PHIL BATCHELOR, Clerk, By Deputy III !,I WARNING (Gov. Code §911.8) I' 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 Goverrment`Cod"e Section 945.4 (claims presentation requirement). See Government Code Sect on� 46.6. Such petition must be filed with the court within six (6) months from the date °your��appi'�icati"on 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 applicant1;of the Board's action on this Application by mailing a copy of this document, and la memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance with Section ' 29703. DATED: MAY 2 2 I-Nfl _PHIL BATCHELOR, Clerk, By Deputy V. FROM: 1 County Counsel 0 County A in' trator TO: Clerk of the;Board' of Supe rvi s j, Received copies of. this Application and Board Order. I"a DATED: County Counsel, By if County Administrator, By III h''j •APPLICATION. TO FILE LATE CLAIM ' h' WRITTEN APPLICATION TO THE ff rt COUNTY OF CONTRA COSTA TO PRESENT LATE CLAIM Claimant, CHARLES LOWREY, makes this application to present the enclosed late claim on the basis of the following informa- i� tion: 1 . Claimant was unaware of the conduct of the Department of Social Services untillon or about November 1 , 1989, whenja 1 copy of the notes of Erma Rapp, the emergency case worker„was �a provided to my attorney. n Juvenile Court, Mark D. Byrnell 2 . The falsity of the allegations which were openly dis- cussed with the employer of CHARLES LOWREY were fully proven orii�lE or about January 20, 1990, when all allegations regarding sexual molestation were dismissed. 3 . Claimant is making this application to present a 'late".f claim diligently on the basis of the above information and - n tehe basis that he is representing himself. i �1 II� Dated: April 1990 G�1 • x CHARLES LOWREY USS Shasta, AE 33 FPO San Francisco, CAi 96678-3009 `III i I�. AR � t 1990 �I /� w`tY,�O S� , PML BATCF.ROR C RK SOA D Of'I^UPi-:VlsCR$ I�I i f cc;iT a s AC Q If I I jI t I'{ Y ' � f I ,k I'I I I I MAIN AGAINST THE COUNTY OF CONTRA COSTA +,f 1 . The name and address of the claimant and where 'not' cesl� regarding this claim maybe sent is to: Charles Lowery USS Shasta, AE 33 FPO San Francisco, CA 96678-3009 . I 2 . On or about August 21 , 1989 and thereafter, members of%I the Department of Social Services spoke freely and voluntlla' rk y to Debra Comiinski, an employee of the U.S. Navy, regarding charges ' of child molestation against claimant. Claimant is employed'. by , the U.S. Navy. ; The information which was provided to Deb Ira' 11l Cominski has resulted inadministrative discharge proceed��ings which will be heard sometime during the first week of Ma 1,990 .1 1,990 .1 3 . As a proximate result of the conduct of the Department{ of Social Services and -Contra Costa County, claimant will, suffer substantial damages which cannot be ascertained at this t1imei�. Such damages can be ascertained after completion of the adminis , thative discharge proceedkings. If claimant is dischargedl� from the U.S . Navy, his damages will exceed $25, 000 . 00, the 3urisdic�4�� .tional amount of the Municipal Court. Such damages will be based upon the loss of a pension and other employment benefits afro' th,e U.S . Navy. Dated: April , 1990 CHARLES LOWERY i i I Ib CLAIM- BOARD LAIM �.� 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 22, 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: $105,000.00 Section 913 and 915.4. Please note all "Warnings". " CLAIMANT: VAN DYKE, Gordon ATTORNEY: Alan M. Caplan, Esq. Bushnell, Caplan & Fielding Date received ADDRESS: 901 Market Street, Ste. 230 BY DELIVERY TO CLERK ON Apr i1 23, 1990 San Francisco, CA 94103 : BY MAIL POSTMARKED: April 20, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the"abov;e-noted claim. April 23, 1990 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy 1I. . FROM: County Counsel TO: Clerk, of the Board of rvisors � ) 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 aet 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: i Dated: �i 13 BY: 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 ORO . By unanimous vote of the Supervisors present (V) 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. cf Dated: MAY 2 2 1990 PHIL BATCHELOR, .Clerk, By Deputy Clerk WARNING (Gov. code se on 913) Subject to certain exceptions, you, have only six (6) months.from the date this notice was personally served or deposited in the'mai.l 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•prepa.id a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAY 22 1990 BY: PHIL BATCHELOR'b Deputy Clerk CC: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA COSTA Claimant's Name: Gordon Van Dyke Claimant's Address: 2552 17th Street, San Pablo, CA 94806 (415) 232-9093 Amount of Claim: $105, 000. 00 RECEIVE Address to which notices are to be sent: APR 2 31990 Alan M. Caplan, Esq. r4iLDATcHEL PBushnell, Caplan & Fielding 901 Market Street, Suite 230 San Francisco, CA 94103 L4=::9:9J Date of Accident: February 7, 1990 Location of Accident: Alhambra High School, Martinez, CA How Did Accident Occur: Claimant was injured in wood shop class because of improper supplies and negligent supervision. Describe Injury: Severely injured fingers on a joiner requiring surgery and 10 days loss of school. Name of Public Employee(s) Causing Injury, If Known: Mr. Heeb, wood shop teacher; others unknown Itemization of Claim (list items totalling amount set forth above) : Medical (approximate) $ 3-5, 000. 00 General damages 100, 000. 00 TOTAL $ 105, 000. 00 Signed on behalf of claimant: BUSHNELL, CAPLAN & FIELDING )YA# aA ALAN M. CAPLAN, SQ. Attorney for Claimant Dated: d V N co m a N 0 nT_ C'A fi ?4 O H W l3 110, O ul Ct c � � n ', b. 0 (D 0 }'n N M c ct N nt:� \ 00 � � K UP n _ W N 0 s 1 ul it ZP V:.l` 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 22, 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: $75,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: TURNER, Inez ATTORNEY: Morris A. Dangott', Esq. Robbins, Dangott "& Scharlach Date received ADDRESS: Attorneys at Law BY DELIVERY TO CLERK ON April 26, 1990 (Via Counsel) 1540 San Pablo Avenue, 11th Floor Oakland, 'CA 94612 BY MAIL POSTMARKED: April 23, 1990 I. FROM: Clerk of the Board of'Supervisors TO: County Counsel , Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: April 30, 1990 BY.: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (v ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days.(Section ,910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 10 9('( BY: JAI- Q2r S- /J Deputy County Counsel 0 III. FROM: Clerk o"f the Board TO: County Counsel (I) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. . BOARD ORDS : By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that thi's is a true and correct copy of the Board's-Order entered in its minutes for this date. Dated: MAY, 2 2 199.E PHIL BATCHELOR, Clerk, 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 2 2 1994 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel . County Administrator . County Co��, errithew _ _ emorial APR,2 (; 1990 .A- EneZ1 9'45 CA 53 AND CLINICS A")R 9.0 1,P-M PAM RA7MN.IInAV,e�RS CLERK,LIJ-Vi +y C�• , Y_p. .Cd De u, B y 1✓- TO: Office of County Counsel April 25, 1990 Contra Costa County ..GyeGecd-rc.c.. FROM: Mark Finucane >' RE: CLAIM Health Services rectorn I ez Turner Record # 214403-8 The attached claim for the above named patient was received via U.S. Mail by the Health Services Department on April 25, 1990. SP Attachment cc: Risk Management Department s 4 Contra Costa County sT'9 COUNTY ` A-301A (3/87) ROBBINS, DANGOTT & SCHARLACH A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1540 SAN PABLO AVENUE WESTLAKE BUILDING. 11TH FLOOR OAKLAND. CALIFORNIA 94612 - TELEPHONE 451-7128 PAUL ROBBIN9 - MORRI$A. DANGOTT- - Apr 1'1 2 3., 1990 .- ALAN M. SCHARLACHTD - - 'fit'"__: v Contra Costa County Health Vr'`1 cvwSGt. Services :Department 'APR 2 6 1990 20 Allen Martinez, ' Ca. PHil.BATCF1eiO.Q CLERK BOARD OF SUPERVISORS A COSTA CO. Gentlemen: B ........ .. oe r Re: Inez Turner v. .Contra Costa C . ealth Services Dept. - d/a 3/8/90 Kindly fi16 the enclosed NOTICE OF CLAIM FOR INJURY on behalf 'of. our client_Inez ' Turner, and return the copy "endorsed, .filed" to this, office in the enclosed, stamped, self addressed envelope. Thanking you,, we are Very truly, ROBBINS`, DANGOTT & SCHARLACH By: Mo ri A. DDngott. MD:LD ENC. In the Matter of the Claim of INEZ TURNER NOTICE OF CLAIM FOR INJURY TO THE CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT, ITS OFFICERS, AGENTS AND EMPLOYEES: PLEASE TAKE NOTICE that INEZ TURNER claims against the CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT, its officers, agents and employees, for personal injury, medical expenses and general damages susrained by said INEZ TURNER by reason of personal injuries received by her, and in support thereof the claimant states : 1. Post office address of Claimant is 938 7th Street, Richmond, Ca. 94801. 2. The names of Claimant' s attorneys are ROBBINS, DANGOTT & SCHARLACH, 1540 San Pablo Avenue, llth Floor, Oakland,Ca. 94601. All notices of denial or acceptance of this Claim should be mailed to said attorneys. 3. The Claim of INEZ TURNER is for the negligence of the Contra Costa County Health Services Department, its officers, agents and employees, and :others, as hereinafter set forth: (a) That on March 8, 1990, Claimant was walking in the area near the main entrance of the Richmond Health Clinic, at 100 38th Street, Richmond, Ca. , which Richmond Health Clinic Claimant is lead to believe is under the direct managementm control, operation, supervision and easement of the Contra Costa County Health Services Department, its officers, agents and employees. That at said time and place, said area was so poorly maintained, supervised, repaired, 1. i' managed and controlled, that said Claimant slipped on some water on the floor of said Clinic, causing- her to fall to the floor, and to fall again . attempting to get up from said floor, causing her to suffer severe injuries. (b) That the Claimant suffered injury. and damage to her body in general, and a fracture -of her tail bone, pain in her lower back, right leg and right hip, in particular, and other injuries the extent of which .are unknown at this time. (c) The accident as aforesaid,and * injuries .and resulting damages alleged herein, were caused solely through the negligence and carelessness of the Contra Costa County Health Services Department, the Richmond Health Clinic, and their officers, agents and employees, ,who failed to take proper precautions in maintaining and supervising said area as set forth in' 3 (a) above. (d) That Claimant INEZ TURNER solely by reason of the negligence and carelessness of the Contra Costa County Health Services Department, the Richmond Health Clinic, their officers, agents and employees, was forced to spend money for medical treatment. That by reason thereof the claimant has been generally damaged in the sum of Seventy-five Thousand and. _no1100 ($75, 000. 00) Dollars. 'WHEREFORE, Claimant INEZ TURNER requests that the Contra Costa County Health Services Department honor and pay the Claim as herein- above set forth in the sum of Seventy-five Thousand and no/100 ($75, 000 . 00)­ Dollars. Dated: April 23, 1990. ROBBINS, DANGOTT & SCHARLACH By: �\ Attorney fo tea' int 1540 San Pablo Ave. 11th Floor Oakland, Ca. 94612 ! . t 9C3 . 4»J 0 ® . U / @ 0 - 3 0 �. w .� � < g \ UUl . � , © « 4 \ A \ \ a \ / � C \ i 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 22, 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: $106.00 •Section 913 and 915.4. Please note all "Warnings". CLAIMANT: TRUJILLO, Damian ATTORNEY: Date received ADDRESS: 1617 Pine Avenue BY DELIVERY TO CLERK ON April 20, 1990 San Pablo, CA 94806 BY MAIL ,POSTMARKED: April 19, 1990 I. FROM: Clerk of the Board of SupervisorsTO: County Counsel Attached. is a copy of the above-noted claim. A ril 20 1990 PpHHIL BATCHELOR, Clerk DATED: p BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Su 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: 3 0 BY �• Deputy County Counsel III. FROM: Clerk of the Board T0: 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 (V 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 2 2 19910 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 2 2 1990 BY: PHIL BATCHELOR by Deputy Clerk ` CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM Damian Tru j i l to 1 Pine Ave. San Pa CA 94806 Re: Claim of DAMIAN TRUJILLO 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. WEST County Counsel BY= Deputy J unty Counsel CERTIFICATE OF SERVICE BY MAIL C.C.P. 99 1012 , 1013a; 2015 .5; Evid. C. 99 641 , 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: �� � , \qC��1, at Martinez, California. cc: Clerk of the Board of Supervisors (o ginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: fGOV.C.§§ , 910, 910 . 2, 920 .4, 910. 8) Clair. 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. 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 -----� 1 ) Reserved for Clerk's filing stamp ) { REf_ 7 1-% ! Against the County of Contra Costa ) APR 20 1990 or rh,:.BATCHELOR District) CLERK BOARD 'F SU?EF' OPS C Fill in name ) E .........; De ut The undersigned claimant hereby makes claim against the, Coun of Contra -Costa or the above-named District in the sum of $ L® and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or.�y occur? (Give xact date and hour) 9 --- F1EA_s �A----` -=l =` 6----------------------------- 2. Where did the damage or injury occur? (Include city and county) ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if. required) ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of .county or district officers, servants or employees caused the injury or damage? 31O-P k 1)i s sR&U:5. Ptd _:. c� L n _... 5. What are the names of co=ty or district officers, servants or employees causing the damage or injury? ------------------------------------------------------------------------------------ 5. What damage or injuries do you claim ,resulted? . (Give full -extent of injuries or 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.) ------------------------------------------ --------- Names and addresses of witnesses, doctors and hospitals. ------------------------------------------------------------------------------------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM ��1� ,�.-�� AMOOTo0 � -CK J ( lcp � o � �v 5 ,1 5 �� � 0-0 r � rt- to Gov. Code Sec. 910.2 provides: "The claim must be signed by the clairnra.r'it SEND NOTICES TO: (Attorney) or by some person ,on his behalf." Name and Address of Attorney Claimant's Signature) �J _ Address Telephone No. Telephone No N O 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. ,? c ' — Qs- 5, cr a c,:z l.�b c�.,fJ "' f 1 CLAIM f 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 22, 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: $100.00 Section 913 and 915.4. Please note all "Warnings". . CLAIMANT: PERRIN, Eugene b. ATTORNEY: Date received ADDRESS: 5715 Olinda Road BY DELIVERY TO CLERK ON April 27, 1990 (hand delivered) E1 Sobrante, CA 94803 BY MAIL POSTMARKED: .1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHH gg DATED: April 30, 1990 BYIL BATCHELOR, Clerk y 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:. W (1 i(1 BY: � J 1. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County,Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors.,present ( ", This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. • � of Dated: MA1 2 2 199-® 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 2 2 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator "3 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 Iater.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 .§9.11.2.) 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 Against the County of Contra .Costa ) APR 2 7 1990 or .. PHIL BATCHELOR - OAt^DCP RVISO�S.lfBRSDistrict) T Fill. in name The undersigned claimant hereby makes claim %gainst.the County of Contra Costa or the above-named District in the sum of $ /Do, o ep and in support of this claim represents as follows: 1. Wh n ld.the dig or injury occur? (Give exact date and hour) ��� ---- =' 2. Where did the damage or injury occur? (Include city and county) _ -----� �-1--��d�/ - ---------------- ----------------- 3. How did the damage or injury ocjc�ur/? (Give full details; use extra paper if required) �s �r� C`U i,; tin /of�c' -�ns !' C" �'J�lnS cam/ed �� '"�'/)�`B y •dYyin —2 Q�0/`-.f, e- P,7 /14 . --------- = - =`-�}�//r 2J�c�� _•�� �f'JZ�_ (lG`j _E'}c�`G�/vim/!�_ �✓I ° _�c�r1 �'i Np �'�i�J'A:.4. 4. What particular act or' omission on the part of county or district .officers, servants.-.6r employees caused the injury or damage? (over) 5. What are the names of count or district officers, servants or employees causing--- the damage or injury? J/ -------------- -------- 5. What damage* ''or' ' do you claim resulted?. (Give full extent of ,injuries or damages claim d. 'Attach -two estimates fo auto.damage. ----=--e=-- -------=---------------- ------------------------------ 7 How was the'-amount claimed above computed?u J..I clude- the_estimated amount of any prospective injury or damage.) 8. Names and addresses of witn/esses„ ydoctors�ah&hosp>itals•: ✓t/r/G/ /�• �di,/6'pit G'�/ain G,.h?�Jp� .�_ ,.. .9.: List the expenditures you made on account of this accident or injury: DATE ITEM` AMOUNT 21 Gov. Code:Sec. 910:2 provides: The claim must be signed by the claimant SEND NOTICES TQ;.:•,•,;(Attorne,y),..__ orbsome erson his behalf.” Name and AIddr•ess of`'Attorney Claimant's Signature (Address Telephone No. Telephone No. � rf 6G NOTICE Section 72 bf `the 'Penal "Code provides: M . ...... "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 fora 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. CLAIM L 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 22, 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: $325,000 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MUEHL, Evangeline ATTORNEY: Stephan C. Williams: Attorney at Law Date received ADDRESS: 1333 N. California Blvd. ; BY DELIVERY TO CLERK ON - April 20, 1990 Suite 170 Walnut Creek, CA 94596 BY MAIL POSTMARKED: April 19, 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached.is a copy of the above-noted claim. A ril 20 1990 PpHHIL BATCHELOR, Clerk DATED: p BY: Deputy 1I. FROM: County Counsel TO: Clerk of the Board of Supervisors (v ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying. claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right 'to apply for leave to present a late claim (Section 911.3). ( ) Other: duiDated:. �� 13I r1(). BY: I—��• , �.. 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. BOARDZ) This ORPE•R: By unanimous vote of the.Superviscrs present 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. QQ Dated: MAY 2�2 .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 2 2 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 S`.['EPHAN C. WILLIAMS #037755 RECEIVED {IVED Attorney at .Law 2 .1333 N. California Blvd. , Ste. 170 'APR 20 1990 Walnut Creek, CA 94596 3 ( 41.5) 939-6822 CILFolRD"`I I.e�. �:�e�cF /� ':{!_•A %I'S'IYt - /C� hx 4 Attorney for EVANGELINE MUEHL 5 6 CLAIM AGAINST CONTRA COSTA COUNTY 7 TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 8 9 EVANGELINE MUEHL hereby makes a claim against the County of 10 Contra Costa for the sum of $325,000, and makes the 11 following statements in support of her claim: 12 U) 1 . Claimant' s post office address is 4853 Bassett a 13 3 z Court, Concord, California 94521. � m 14 > vI L) 2. Notices concerning the claim should be sent to Z ° 15 _ ` 0 ; w attorney Stephan C. Williams, Esq. , 1333 N. California ZJ ' CL 3 16 Street, Suite 107 , Walnut Creek, CA 94598. 17 3 . The date and place of the occurrence giving rise 18 -to this claim are February 25, 1990, at the County 19 Rehabilitation Center in Clayton, California. 20 4. The circumstances giving rise to this claim are as 21 follows: 22 At the above time and place, claimant was visiting her son, 23 who was then in custody at the Rehabilitation Center. They 24 met in the customary reception area. At the end of the 25 time spent with her son, claimant got up and walked to the 26 exit door, when she stepped in a pool of soda pop that had 27 been left on the floor from an earlier visit involving 28 1 another person in custody. It is plaintiff' s contention 2 that the soda pop had been on the floor a sufficient amount 3 of time to give notice to those in charge in the reception 4 area who failed to clean it up, thereby creating a 5 dangerous situation. 6 5. Claimant' s injuries are primarily a severely 7 damaged left knee. 8 6 . The names of public employees causing the 9 claimant' s injuries are unknown at this time. 10 7 . The claim as of this date is for $325,000. The 11 basis of the computation of the above amount is as 12 follows: U a � h 13 a. Medical expenses incurred to date: approximately J � a m J 3 i ° ¢ 14 $4,000 ; a m a a U - U = Z x w zoo ¢ o 15 b. Estimated future medical expenses: $15,000; F Um 3 16 C. Loss of wages: $6, 000; U) 17 d. General damages: $300, 000. 18 Dated: April 19, 1990. 19 20 �T C. w 21 Attorney for Claimant 22 23 24 25 26 27 28 . 1 2 3 PROOF OF SERVICE BY MAIL - CCP 1013 A, 2015 . 5 4 I , Deana M. Williams declare as follows: 5 1 am a resident of the County of Contra Costa, California. 6 I am over the age of eighteen years and not a party to the 7 within action; my business address is 1333 N. California 8 Blvd. , Suite 170, Walnut Creek, CA 94596 . On April 18 , 9 1990, I served the following: 10 Claim Against Contra Costa County 11 12 < a � � 13 : � 3 " = 3JJ ° ¢ ` 14 � , m q v > < U = = x w Q0E? 0 15 on the interested parties in said case, by placing a true copy < < w U j 3 � 16 thereof enclosed in a sealed envelope with postage thereon 17 fully prepaid, in the United States mail at Walnut Creek, 18 California, addressed as follows: 19 County Board of Supervisors 20 651 Pine Street Martinez , CA 94553 21 22 I declare under penalty of perjury that the foregoing is 23 true and correct and that this declaration was executed on 24 April 18 1990 at Walnut Creek, California. 25 t 26 27 DEANA ILLIAMS 28 i; e g 0 @ cn Ln -.:T 4 % . - 0 ) � ® . Q �' 0,« G0 � f %$ @ \o \ W ,3 9 � s ® z e $ \ 3 � 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 22, 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: $2,600.17 Section 913 and,915.4: Please note all "Warnings". CLAIMANT: MARSDEN, Michael ATTORNEY: Date received ADDRESS: 2740 Walnut Blvd. BY DELIVERY TO CLERK ON April., 20, 1990 (via Risk Mgmt. ) Walnut Creek, CA 94596 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 23, 1990 JAIL BATTCHELOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors �( ) This claim complies substantially with Sections 910 and 910.2.. (v ). 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 3 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). IV. BOARD 0 R: By unanimous vote of the Supervisors present 0,' ) 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 2 2 1990 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code se 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 2 2 14q(l BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator J NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM T0: Mich Marsden 2740 Wa Blvd. Walnut Creek, A 9, 596 Re: Claim of MICHAEL MARSDEN Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 3 . The claim fails to state the 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 thebasis 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. x 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel By: I Q X Deputy County Cou e CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015 .5: Evid. C. §§ 641 , 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United :States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. . I certify under penalty of perjury that the foregoing is true and correct. Dated: .� ���G4C��, at,'Martinez, California. ' r h cc: Clerk of the Board of Supervisors ( iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 . 8) PP-7 777 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. 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 M 0.6.1 Ma r5 RECEIVED VIA -1.5A- /h 6171r. Against the County of Contra Costa ) APR 2 U 1990 or . ) PHIL BATCHELOR District) CLERK 9,04W OF SUPFIVISC}RS C D! OSTA CO. Fi in name s .......... .. .. aur The undersigned claimant hereby makes claim against the C ty of Contra Costa or the above-named District in the sum of $ 1-W6. 1 7 and in support of this claim represents as follows: ---------------------------7-7------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) -- fin.--- - ------ /:- 5-�'-�'-�----------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) ----��r------ --- r_---- run. ----��=---------------- 3. How did the damage or in ury occur? (Give full detail •, use extra paper if required) 5-ems aAackJ 5; . ---------------------------------------------------------------------------=--------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? � �i� d/k'ie4l"`ellet �i� v:/ C.�/� '� v� ��lily /��`�� LJ �(l�� l'rr�IJ .. L� H (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ' -------------- --- _ i�-- - ------------------------------------------------- 5. What damage or injuries do claim resulted?. Give full extent of injuries or g J Y ( J damages claimed. Attach two estimates for auto damage. - � Cz1.21)_ (� Z_rr�r��a� t dot How was the 'm d the estimated re 7. amount claimed ae comp�lted. (Include amount of any prospective injury or damage.) 91.Ot.- L L4--26LO 6, d-R-1 1-9�L 2 I-L 4- 8. Names and addresses of witnesses, doctors and hospitals. A6YQ ----------------------------7-------------------------------------------------------- 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 Address Telephone No. Telephone No. 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 fora 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. Center Ave . Burger Ding D county vehicle 7 Muir Road Ford Ranger Truck Muir Road 3 . How did damage occur? As illustrated above , I was driving through the Burger King parking lot when Contra Costa County vehicle # 0717 license # E085626 driven by Judy Koretsky backed out of the parking space and collided with my truck . The County vehicle hit the passenger side of my truck with its riffht rear bumper and corner of the car . Damage to my truck includes the right front fender, right front tire and wheel , passenger door and frame , and part of the right side of the bed . A list of the damages is included in the attached cost estimates for repair. --;: <: 4'::: ::=::::=<:•:::. :...:.:........... POLICEm MARTINEZ DEPARTMENT r: INC # ........... COLLISION OCCURRED ON: Y TIME V;'t rAf7 - 171 .. AT INTERSECTION WITH VJ OR: '..FEET/MILESOf � .•....�..I.I�. . LDRIVE N E(fIRST,, IDDLE, TI ,`: - ;�..i` :PHONE NUMBER•'?? A RESS � CITYLPCOOE. ;DR(V)R' LICENSENUMB€R I/ ST BIRTHDATESEXj. cl VEH!YR.. MAKE/MO EL/. LICENSE NUMBER. . _ - .STATE �� cl BICYC. COLOR `DIRECTION OF OWACCRO55'(STREET OR'MIGHWAY) SPEED LIMR;= �. . - ❑ TRAVEL OTHER VEHICLE DAMAGE......:.: / .././. 4o •❑. - �...� _ /.ICI H.-�•f�'Ii�-'.'.�V s�`�-�T�;'-�:': PARTY NAM (FIRST,MIDDLE U_lSn .P - PHON NUMBER DRIVER A DRESS �` CIT/Y ZIP CODE El 7 L) . PED. DRIVER'S LICENSE NUMBER ST ._�,;j! ,.. . . :BIR, DATE� SEX: S .L - i . ..Z' .._ 42 PKD.VEH. VEH.Y . MAKE/MODE LICENSE NUMBED �„ STATE ;.I: BICYC. 'CQOL R DIRECTION F ON/ACCRO (STREET OR HIGHWAY) SPEED MIT '9' ❑ r1 TRAVEL f ' OTHER VEHICL DAMAGE MPD X126 1. v,..-. �.,..,.... .'.����..;.:.:;.;-:q .� �•.:- :�"kRti'titi4,f?Y.. :<c%� iii;-:;:;:;<'•<'+'� ::::2• -6:i ^�'�,fti.�`�-•Z.+<!e?„C;.?:�-. �•2.b �•.�'1.�, :,w.:�.u�;N,;a'.};�� ,.�,..?+'�R�ft�+t�.+2�_.�':!,. .. .:'�tf?tit� •::•:�: ..2ti�ti,... �t:` R. '' PHYSICAL DAMAGE REPORT 3657 N{,ME aY� �� 1 DATE ADDRESS :6/._/ CITY n ; ZIP H W DID YOU FIN OUT ABOUT US? l�U,JI Ll YELLOW PAGES ❑ DRIVE BY ❑ REFERRAL ❑ OTHER, WHAT ❑ REPEAT CUSTOMER ❑ BUSINESS ASSOC. WHOM? YEAR MAK MOD !//,r.L/ H 0 M E7 O E,J O wIM, WORK 0 f INSURANCE CO. APPRAISER APPRAISERS PHONE CLAIM NO. VIN p �-./� / � � � PRO.DATE / DESCRIPTION:OF DAMAGE.:!, Q.. . 1 o L yd 3 4 V rr rr ST 0 L _ 0 5 8 9 - 10 11. 12 13 L 14 ✓ /r sr // fj/Z i Ot 2 .c — _ O 15 LG 14A Wl-01- I 16 j/ F LA Q cru S 7- 17 18 vf 19 0 oa9 4f/Z 20 C i -- — �b I 21777 22 23 24 !2('.f M A V 25 26 27 28 29H TOTALbit► - /JS I hereby authorize the above work and acknowledge receipt of copy. 120 PARTS PRICE S 102 BODY.LABOR . RS.$ g SIGNED X DATE s v,...., 1 Q4' FRAME LABOR HliS:@;., $ % 3A $ • O ia�.Auto� 103 PAINT LABOR T HRS.@ f ' $. ZO 101 MECH. LABOR HRS. .: ..: .. 175 SUPPLIES $ 130 SUBLET g r �:•.. � �✓ 134 TOWING $ .c i .::::. ;:... .:. ..; ,. misc. $ WE SPECIALIZE it."%.,PERFECTION. ...:.. 850 TAX -3 3 1225 Parkside Drive Walnut Creek:x_CA':94596 934-5424 TOTAL $ 50 /JZ .. .'_.:.:',...:..:'r,✓ai..:..:':.:.:... ... : ori;>y;:':'.... :•y:., 336 COOKS COLLIS =ON * * * FOR PEOPLE WHO CARE 1414 PINE STREET WALNUT CREEK CA 94596 (415) 936-4041 DAMAGE REPORT # 3 3 6 by RICK WOOD Date' 04-13-1990 Time' 12.15 Customcr Information VcYiicle Information Name : MARSDEN MICHAEL Make 1988 FORD TRUCK RANGER PICKUP Address : 2740 WALNUT BLVD Style Cty,St Zp : WC 94596 License 3L32171 Home Phone : 945 0990 Work: 372 3637 Ser # # DESCRIPTION EST PRICE ; LABOR ; PAINT --------------------------------------------------------------------------------------- 1 R&I FRONT BUMPER ASSY ' 0.4 2 RMV/INST GRILLE PANEL I I 0.7 I I 3 RHV/INST RIGHT HARKER LAMP ASSEMBLY I 1 0.2 I I 4 REPAIR RIGHT FENDER PANEL i I 2.0 5 RMV/INST RIGHT FENDER WHEEL OPENING MLDG I I 0.2 I I 6 RMV/INST RIGHT FENDER NAMEPLATE 0.2 7 NEW RIGHT FRONT DOOR REPAIR PANEL i 126.90 1 5.0 1 2.4 I 8 REFINISH RIGHT FRONT ADD FOR JAMBS 1 I ti 0.5 I 9 NEW RIGHT FRONT DRILL FOR INSTALLATION REAR VIEW 10 MIRROR I ti 0.4 11 NEW DOOR PAD INSULATOR 1 9.00 1 0.2 12 REPAIR RIGHT CAB ASSY CORNER PANEL 4.5 13 REFINISH RIGHT CAB CORNER PANEL I I I 1.5 1 14 REFINISH RIGHT CAB PILLAR I 1.0 15 RMV/INST CAB TRIM 1 1 1.3 1 1 16 STRIPE PAINTED-S I 75.00 ti I 17 TINT COLOR I I 1 1.0 1 18 UNDERCOATING 0.5 19 CLEAR COAT I I 1 3.1 1 20 COLOR SAND & POLISH-D I 1.5- 21 BLEND ADJACENT PANELS I 1 0.6 1 1.5 I 22 TIRE 120.00 1 0.5 23 WHEEL 1 245.00 1 I 24 ALIGNMENT FRONT END-M ; ; 2.0 --------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- Continued on next page . . . •..-•...........-.. .. .. ._, n ^b....,<:..:_ ::...� - .`:1� .amu. .r. s., c'r'..'.•..;?'.:.. _ ,I. ... ... 1. J .. .. :...:. MARSDEN MICHAEL 88 RANGER PICK DAMAGE REPORT # 336 Page 2 --------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- # DESCRIPTION EST PRICE ; LABOR .; PAINT ; ----------------------------- --------------------------------------------------------------------------------------- DAMAGE REPORT SUMMARY Labor Descriptive Items PAINTA BODY LA 16.2 @ 46.00 745.20 REF MATERIAL 230.00 FRAME LA 0.0 @ 60.00 0.60 BDY MATERIAL 0.00 MECH LA 2.0 @ 60.00 120.00 HAZARD WSTE 2.88 DETAIL LA 1.5 @ 46.00 69.00 SUBLET SERE' . 75.00 0.0 @ 0.00 0.00 TOW/STORAGE 0.00 0.0 @. 0.00 0.00 GLASS PARTS 0.00 31.2 La or firs. Items R08.78 Labor 1,463.20 Subtotal 2,271.98 Tax Grand Total $2,325.18 ###### ##### # ## Part Prices Subject to Invoice ## # ## ## # AUTHORIZED AND ACCEPTED: You are herebyauthorized to make the above specified repairs. I understand that payment in full will be due upon release of vehicle, including additional supplemental damage charges, and hereby grant you and/or your employees permission to operate the car, truck or vehicle herein described on street, hi hways or elsewhere for the purpose of testing and/or inspection. An express mechanic's lien is hereby acknowledged on above car, truck or vehicle to secure the amount of repairs thereto. You will not be held responsible for loss or damage to vehicle or articles left in vehicle in case or fire, theft, accident or any other cause beyond your control OLD PARTS ARE JUNKED UNLESS INSTRUCTED! DARAGE REPORT authorized by__ _ date Thank you for coming to our shop for your repairs. r G 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 22, 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: $28.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GODFREY, Gary ATTORNEY: Date received ADDRESS: P.O. Box E-30179 2—D-31 BY DELIVERY TO CLERK ON April 26, 1990 (via transmittal) Tamal, CA 94974 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 30, 1990 PPHHIL BATCHELOR, Clerk DATED: BY,: 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: `� BY: ,,Q Q I� ) • 6 Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel. (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( �) This Claim is rejected in full. . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. nn Dated: MAY 2 1930 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se 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: MAY 2 2 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel ' County Administrator CLAIM TC?' BOARD OF SUPERVISOP,S OF CONTRA COcTy tt��*Tv `Alr0iT i 5ffi application to: Instructions to Claimant Clerk of the Board P. O. Boz 911 Martinez.California 94533 A. Claims relating to causes of action forceath or ror injury to person or 'td; 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 94533: C. If claim is acainst 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 riled against eachpublic entity. E. Fraud. See penalty for fraudulent claims , Pen.;l Code Sec. 72 at end of this form. RE: Clain by ) Reserve _ r' ing stamps fie P VI Capty 1"Od Aaainst the :BOUNTY OF CONTRA COSTA) f.?R ? 5 1990 H-w n.NTCH'cLOR /�/�• ` _ �`ckr. V �I DISTRICT) - '� rr1:T°AC05TAC.: B ^ill in name ) -- . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of S g.on _ and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage , or injury occur? (Give exact date and hour) 2._7_ her � -- ---- - ------ - - -- --- --- Where di_1d: the damage or injury occur.' (Include city and county) Zpa��..__a.T__ R�. �t�l ____ _ 3. How did the damage or injury occur? (Give full details, use extra sheets if required) 1 WAS neAA/S Poared FRoftx s-KAL QAa&Tj v To mninl Jk;t, .ZN STATir cw-rKn wrR1Q;4v-G- my PCxs0 Vot1,, $,E)VT wNiCCRint uP /�i*SsieJB- FRam T'tiE /hAI .TRiL, PROPERLY Ronin 4 . -What particular act or omission on the-part of county or district officers , servants or employees caused the injury or damage` U, C,J9PNVi4/Cr or A.vorltER's PPEOPERT'Y - Si AIM RS A Rte,, E'"��' �ATItER ,BR1,T AAY S rem To -rkw L i T WAS My Pt R So nVq k "-Y (over) 1. 1 '.:5.:,:•f Zat•. ar.e.:the..names of county or district officers , servants or j employees;: causing the damage or injury? Loumr _�Q�t�GruEe�r __L►?Ai�_ �,'�_�PR�P. _'�� �Q,1C_ 6 . What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage) L04-r- DE ff-LY- -Be-Lr-. ------ 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) -------------- 8. Names and addresses of witnesses , doctors and hosa-tals. JL go- 9 . Lis:t:..-.the. expenaitures you made on account of th7s, accident or injury: t • . -- :.DATE .. L . _` ITE21 AMOUNT e Govt. Code Sec. 910 .2 provides : "The claim signed by the claiman- SEND NOTICES TO: . (Attorney) or by some person on his behalf. Name and Address of •Attorney N� Claim t Signature Address TFmAL 9Y47V Telephone No. Telephone No. • ,;••NOTICE .; Section 72 of - the Penal Code provides': "Every person who , with intert to defraud, presentz 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 , anv false or fraudulent claim, bill, account , voucher or writing , is guilty of a felony..:" . P. 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 22 , 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". County Counsel CLAIMANT: GLEN WILSON TRUCKING , INC . i' 1�9Q ATTORNEY: Gerald E . Brunn, Esc{. APR,2 . Brunn & .Flynn Date received Mdrtinez. C , 5q. �g ADDRESS: 928 Twelfth Street BY DELIVERY TO CLERK ON April 24 , 1990 �hariaeliv ) : Modesto , CA 95353 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors T0: County Counsel Attached is a copy of the above-noted claim. April 25 1990 PpHHIL BATCHELOR, Clerk DATEDeputy Z-11 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: 11.3).Other: Dated:. 219(, BY: �J Q,�. S . 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 ( V) 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. p{� Dated: MAY 2 2 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 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 2 2 . 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator � R ORIGINAL 1 TO THE COUNTY OF CONTRA COSTA 2 GLEN WILSON TRUCKING, INC. hereby makes its claim against 3 the COUNTY OF CONTRA COSTA and makes the following statements in 4 support of the claim: 5 1. Claimant's post office address is 2936 Farrar Avenue, 6 Modesto, California, 95354. 7 2. Notices concerning the claim should be sent to Gerald E. 8 Brunn, Law Offices of Brunn & Flynn, P.O. Box 3366 , Modesto, 9 California, 95353. 10 3 . The date and place of the occurrence giving rise to this 11 claim are October 27, 1989, on Brentwood Boulevard, approximate- 12 ly 390 feet north of Pine Street, in the City of Brentwood, X0 13 County of Contra Costa. LL 3 ° a Z a m n 0Z J 0 Z n mJ < aOe 14 4 . The circumstances giving rise to this claim are as U LL yW d � 4 > W J 15 0 Z � a W follows: Zrc �, � o 3 o W 16 m W N W mo ~ 17 On October 27 , 1989 , at approximately 9:43 a.m. , the of claimant's Peterbilt tractor, pulling two tanker 18 trailers, . was being operated by claimant's employee. Claimant's tractor and trailers were traveling west- 19 bound on Brentwood Boulevard when they came to a sharp turn to the south, located approximately 390 feet 20 north of Pine Street. While negotiating the turn, the tractor and trailers turned over and both tanker 21 trailers were ruptured. The roadway and curve on which the subject incident occurred was designed, 22 built and maintained by the COUNTY OF CONTRA COSTA. It is presently contended that the roadway was in a 23 dangerous and defective condition and that it was constructed, designed, and maintained in a negligent 24 fashion and failed to provide the proper banking that was necessary to avoid the overturning of tankers and 25 trailers such as the claimants. The COUNTY OF CONTRA COSTA had actual or constructive notice of the danger- 26 ous and defective condition existing on Brentwood Boulevard; the COUNTY OF CONTRA COSTA did not provide 27 warning signs authorized by the California Vehicle Code which were necessary to warn of said dangerous 28 condition; the COUNTY OF CONTRA COSTA created the dangerous condition; the COUNTY OF CONTRA COSTA 1 .s t, T ' 1 ' officers, employees, servants, or agents caused the 2 dangerous condition; all of which proximately caused damages to the claimant as set forth herein. 3 4 5 . The claimant sustained damage to its tractor and 5 trailers, loss of use of the tractor and trailers, and loss of . 6 oil that was being transported in the trailers. In addition, 7 the claimant incurred expenses for towing, cleanup, services of 8 police personnel , repairs, and wages of its employees at the 9 accident scene. 10 6 . The names of the public employees causing claimant's 11 damages are unknown. mIn 12 7 . Jurisdiction of this claim as of this date rests in the 10 In xM w 13 Superior Court of the State of California. 3 ° a LL Z m n W >- < da = 14 8. This claim is presented by the undersigned as attorneys U W y � W o 0zZz � W 15 representing the claimant, and on whose behalf they file this o U .z o = 16 � 6 M WU) claim. W f no 17 18 DATED: April 23 , 1990 BRUNN & FLYNN 19 20 / GERALD E. BRUNN Attorneys for GLEN WILSON 21 TRUCKING t e 22 r 1�VP ■ 1 M N ~71 23 APR 2,4 1990 2 4 1: ,-c, P. m PH!L 7a;eap.j CLERK ECA;O C ,U E;VISORS 25 B /CO�:1 RA r s, 'CO 4t. ,f... Ce-- 26 27 28 2 1 PROOF OF SERVICE BY HAND DELIVERY 2 3 I am employed in the County of Stanislaus, California; my busi- 4 ness address is 928 12th Street, Modesto, California, 95354 . I 5 am over the age of 18 years and not a party to this action. On 6 April 24, 1990, I served a true and correct copy of 7 CLAIM FOR DAMAGES 8 9 10 on the person(s) listed below. I made delivery by [ ] 11 giving a copy to the person named below. [ leaving the copy with his or her clerk of the person in g 12 charge of his or her office. m � x � 13 [ ] leaving the copy in a conspicuous place in his or her office o Z < m i n 14 because there was no person in the office. m } n d U W y O o � Z Wa a w 15 3Z rc " 6 ° COUNTY OF CONTRA COSTA m ° ° W 16 651 Pine Street, 9th Floor a 3r, W H � a Martinez, California no 17 18 I declare under penalty of perjury under the laws of the state 19 of California that the foregoing is true and correct. 20 Executed this 24th day of April, 1990, at Modesto, C lifornia. 21 r MARK 2UkILMN 22 23 24 25 26 27 28 CLAIM G 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 2 2 , 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:. $ 25 ., 00 Section 913 and. 915.4. Please note aall "Warnings". CLAIMANT: GLASS , Julie ATTORNEY: _ APR i2 Date received Martinez, ADDRESS: P . O. Box 321 BY DELIVERY TO CLERK ON April 23, 199 Georuetown, CA 95634 BY MAIL POSTMARKED: April 19 , 1990 (via Clerk' s) 1. FROM: Clerk of the Board of Supervisors T0: County Counsel , Attached is a copy of the above-noted claim. DATED: April. 25 , 1990 JAIL BATTC ELOR, Clerk epuy 11. FROM: County Counsel TO: Clerk of the Board of Su sors 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: q 2 9 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 Superviscrs present ( This Claim is rejected in full. ( ) . Other: I certify that this i.s.a true and correct copy o.f the Board's Order entered in its minutes for this date. Dated: MAY 2 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 2 2 1990 BY: PHIL BATCHELOR by Deputy Clerk ` CC: County Counsel County Administrator __,LAILM TO, BOARD OF SUPERVISORS OF CONTRA CO.WTuriT* v ..- ne'tf1St application to: Instructions to Claimant Clerk of the Board P.O.Box 911 �AaA. Claims relating to causes of action for death or for�'iri-ury�to�53� 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 Suuervisors at its office in Room 106 , County _Administration Building, 651 Pine Street, Martinez , California 94553: C. If clai.m . is against a district governed by the Board of Suaervisors , 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 , Pen4l Code Sec. 72 at end of. this form. RE: Claim by` ) Reserved for Clerk' s filing stamps _.. Against the BOUNTY CF CONTRA APR 2 3, 1990 .y or .�) LERK PHIBA"CHS=1.F}Y t DISTRICT) C6C! U T. EI M;;;CF:; (F ii in name ) cc:s::, DYGe uh . The undersigned claimant hereby makes claim agai the County of Contra Costa or the above-named District in the sum of $ •U�00 and in support of this claim represents as . follows : ------------------------------------------------------------------------ 1. When cid the damage or injury occur? (Give exact date and hour) tn-; ,z 2. -Where d131 the damage or injury occur? (Include city and county) . 3. How did he damage or inj:ury occur? Give-fu aetails , use extra sheets f required) J� M A. `Q' °(_CSW-�2, c�� �,e. 1 ,Q�v �J.'��2:� 1.�ec,o n—W-'./1, 4 . -What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? - (over) '.:5.:,:•J` zat•. ar.e.:the..names of county or district officers , servants or s. ' I employees causing the damage or injury? ' _ 1 -------------------------- - 6 . What d mage or injuries do you claim resulted? (Give full extent_ of injuries or 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. ) --------------- S. Name's and addresses of witnesses , doctors an - hospita .s. _ o_- - - ---. .--------------- 9 . List the, expenditures you made on account ow this accident or injury: DATE _ ' I=1 AMOUNT r' Govt. Code Sec. 910 .2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorne.v) or by some cers,on on his behalf. " Name and Address of 'Attorney 70Czso mant ' s Ci nature - x : _ Addr.es l� Telephone No. - Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intert 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 , anv false or fraudulent claim, bill , account , voucher, or writing, is guilty of a felony. " Ur 1 � ° :•� ',/^y.. '(\-" T+•��, .. h�it .� -;���.� ,,� `:,'..: "•' � h°°°° ,'i+`"f,:,+, l 6h.1f t al Q k"JI L ' A i c. _ CLAIM -'s 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 22, 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: $100,000.00 Section 913 and 915.4. Please note all "Warnings CLAIMANT: EVANS•, Shantee, :(a minor through ' Larry Pittman)' ATTORNEY: " Laurence F. Padway Date received ADDRESS: Padway. & Padway BY DELIVERY TO CLERK ON April 23, 1990 One- Kaiser Plaza, Suite 1930 Oakland, CA 94612 BY MAIL POSTMARKED: April 20, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a, copy of the above-noted claim. April 23, 1990 PpHHIL BATCHELOR, Clerk DATED: BY: 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 iclaimant. The Board cannot act for 15 days (Section 910.8). i ( ) 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). I ( ) Other: i Dated: `i��� I°i(; BY: �Q, �• Deputy County Counsel IIII. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). i ° IV. BOARD ORD5R: 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. Dated: MAY 2 2 199 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. i 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: M AY-2 2 199 BY: PHIL BATCHELOR by Deputy Clerk 10, CC: County Counsel County Administrator i i 1 LAURENCE F. PADWAY PADWAY & PADWAY y 2 A Professional Corporation n.ECER ED One Kaiser Plaza, Suite 1930 3 Oakland, CA 94612 APR 2 31990 (415) 839-7999 4 'i;:L EATCN 1CR CLERK 60ARD Or SUPERVISORS T COSTA CO. 5 Attorneys for Claimants a pe ° 6 7 8 CLAIM AGAINST PUBLIC ENTITY 9 10 In the matter of the claim of 11 SHANTEE EVANS, a minor, By and Through Her Guardian 12 ad Litem, LARRY PITTMAN, 13 Claimants, 14 vs. TORT CLAIM 15 CONTRA COSTA COUNTY, . 16 Defendants. 17 18 Claimants Shantee Evans, a minor, by and through her 19 Guardian ad Litem Larry Pittman claims against Contra Costa 20 County as follows: 21 22 1. Notices regarding this claim may be sent to 23 claimants' attorney, Laurence F. Padway, Padway & Padway, A 24 Professional Corporation, One Kaiser Plaza, Suite 1930, 25 Oakland, California 94612 , telephone 415-839-7999 . 26 27 2 . This case arises out of a traffic collision 28 which occurred on December 25, 1989 at 5: 00 p.m. at Market -1- 1 6. Shantee Evans, a .minor, claims damages of 2 S /o'/000 3 4 DATED: April 3 , 1990. 5 PADWAY & PADWAY 6 A Professional Corporation 7 By 8 LAURENCE F. PADWAY Attorneys for Claimants 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- r.. CLAIM I. l 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 22 , 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: $210 . 00 Section 913 and 915.4. Please note all '1W ty Counsel CLAIMANT: ERWIN, Ray APR,2 '1' 1990 ATTORNEY: � J Date received . Martinez, CCA (,4553 ADDRESS: 644 Chester Drive BY DELIVERY TO CLERK ON April 23, 1990 (via Clerk) Pittsburg, CA 94565 BY MAIL POSTMARKED: April 16 , 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL gATCHELOR, Clerk DATED: April 25 , 19.90 : 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: `� BY: Deputy County Counsel T 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 ( 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: MLIV 9 2 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 2 2 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ATTACHMENT 1 PERSO _RE:I B1IR. E E .T CLAIM TO BE COMPLETED BY CLAIMANT APR 1990 Claimant. atE• ' T � l l l u1Y Address: V Department: i Employee No: Describe the manner in which the loss or damage occurred:KAM t�J�•i T,�,4nJSF�y� I Cj1 l �. mount of Loss Claim s !b C, D CLd i hUs Amount of repair damaged property '& jkL1/� (attach invoice and actual repair) $ P6'- 1C-1C--d Original Purchase price of acticle(s) � n'ls�• (attach sales slip on same) $ �L/y. Go • Where purchased: — '�fmi Q Ci Daae: ) Z_ Fs4 Z • - V T Do you carry private incur a coverage for property loss or damage t1.o your personal property? Yes No____ If yes, have you contacted your insurance agent for reimbursement? Yes No If yes, how much did your insurance reimburse you for the claim? $ If no, why did the company rejact your claim? Employee' s Signature Date TO BE COMPLETED BY WTTNFSS Confirming statement by witness to incident: Signature of Witness Witness' Name ( Print) Form AK-130 (89) TO BE COMPLETED BY IMMEDIATE SUPERVISOR Confirming statement by immediate supervisor: = ti Supervisor of Immediate Supervisor Supervisor' s Name (Print) TO BE COMPLETED BY DEPARTMENT HEAD OR DESIGNATED REPRESENTATIVE I recommend approval of this claim because said•. claim meets the criteria for reimbursement provided by Administrative Bulletin #313.1 , as follows: (Please refer to items 1-4 under Administrative -Bulletin#313,1) I recommend rejection of this claim because said claim does not meet the criteria for reimbursement provided by Administrative Bulletin #313.1, as follows: (Please refer to items 1-4 under Administrative Bulletin #313.1) Signature of Department Head or Designated Representative HAVE YOU CHECKED TO BE SURE 1. Damaged property is attached to this claim. If not, please explain. 2. This form has been completely answered. 3. County demand form and Board Order, if needed, is attached. r ATTACHMENT 1 r' PER SO _PEI B,11R.-EME ,T CLAIM TO BE COMPLETED BY CLAIMANT APR 2 r', Ar �� Claimant: �y ctt�sr _ :. � �, ► a tie �� 1 � ; Icr`lb Address: u.,u,v ' III Department: Employee No: Describe the manner in .which the loss or damage occurred: WIIld T amount of Loss Claim $ fb e "D Amount of repair damaged property (attach invoice and actual repair) $ � Original Purchase price of acticle(s) Tc) s, .(attach sa les slip on same) $ Z�y. 0 Where purchased: r�(= ��E/�,(/t�5-- kAiTi Ooh Date: J 2.— ssc( 2 —�'9 Do you carry private insur a coverage for property loss or damage to your personal property? Yes No If yes, have you contacted your insurance agent for reimbursement? Yes No If yes , how much did your .insurance reimburse you for the. claim? $ If no, why did . the cc,npany rejact you„ .claim? Employee' s Signature Date TO BE COMPLETED BY WITNFSS Confirming statement by witness to incident: Signature of Witness Witness' Name (Print) Form AK-130 (89) i Sheriff—Coroner Richard K. Rainey C��t1r SHERIFF-CORONER ,P.O. Box 391 Costa Duayne J. Dillon Martinez, California 94553 Assistant Sheriff 4494- - � Warren E. Rupf (415) 372 ` lou ty Assistant Sheriff ECEIV ( APR 231990. F!",:L 8A.CI1iLC? CLERK F C)A;J Of SUPE& IS D;.3 CON f RA COSTA CO. 0 _ De u LC 2 6A-) gZ15_6 r CA Enclosed, is a County Claim Form. Please list the missing articles and their value, along with any documents you may have, i .e. , receipts etc. Be sure you have included Dertinent; dates that tie in with your loss. These dates should show when you viere brought here and when you .left. Then you must return this form to Contra Costa County, Clerk of the Board, J P.O. Box 911, Martinez, Ca. 94553 i, - t C. Ludwig Support Services Dept. k 7 Pay F V Luh �-/O PAI r /V 1 i<E Al .r PoWl i A) S}-b6 'VALUE 5 6 �.4► y gddlA S Y6 7 1y- wIm,►TLw_5 VAwE_ 3cs VCS 1 o fi� �.Q i AN EQUAL OPPORTUNITY EMPLOYER �1 � o � f v [y v) V 0 Ln ri LD LD oil o C3^i «W ciO4 K tn P4 Js7 . J 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 22, 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: $140.00 Section 913 and 91.5.4. Please note all. "Warnings". CLAIMANT: CORTEZ., Craig S. ATTORNEY: Date received ADDRESS: 555 Pierce St'. #02A Bldg. BY DELIVERY TO CLERK ON April 27, 1990 (transmittal) Albany, CA BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk DATED: April 30, 1990 BY: 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: i Dated: BY: I - S I I Deputy County Counsel U 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). i IV. BOARD OR By unanimous vote of the Supervisors present ( This Claim is rejected in full . ( ) Other: it I I certify that this is a true and correct copy of thelBoard's Order entered in its minutes for this date. 1990 � Dated: MAY 22 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec:tion 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. i You may seek the advice of an attorney of your choice in connectioin with this matter. If you .want to consult an attorney, you should do so immediately. I AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all timeslherein 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 2 2 1990 BY: PHIL BATCHELOR by!��� Deputy Clerk CC: County Counsel County Administrator Lr',I2•SJ TCS- BOARD OF SUPERVISORS OF CO2v'TRA C0�'"y g ' 'r`�'e'tur hM application to: Instructions to Claimant Clerk:of the Board P. O. Box 911 A. Claims relating to causes of action for death or mor'�ln�ury�to}533 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- fi__led. 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 Suo_ ervisors , 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 , Pena-1 Code Sec. 72 at end of -his forn . RE: Clai by ) Reserved for Clerks ling stamps ED Against .he:3COUNTY _OF .CONTRA_ COS.TA.) _ APR. 2 71990 or DISTRICT) CLE:• �,: t,r F;;:c (Fill in name) ) .... U p rv. • The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ` (17. 0_tl _ and in support of this claim represents as follows : --=-=-----------------g- ------ --y-- --------(-- ------------��------------- -- 1. When did the damage or injury occur? Give exact da .e and hour 2. Where did the damageor injury occur?- (Include cite, and county} t ------------------------------------------------------- 3. How-a�a the damage: or injury occur? (Give full details , use extra sheets if required) �� -- Tier G)Grc 1_osf. ------------------------------'---------------- 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or. damage? - (over) • I ,; •nuoja* e 10 44T Tn5 ST ''buT:.Tam ao aagonoA ' qun000e ' TTTq 'uiT2To quaTnpneaj ao 9sT2; nue ' aur. nuaS �T aures age ,Sed so .yoTTe o-4 pazTaoggne 'aaoT;Jo ,zo paeoq abeTTtA xo papm 'goTagsTp 44To 'u,-Loq 'nqunoo nue oq ao ' aaotg;o ao pa2oq ''a-.e-4s nue oq -4uaurned ao; ao aourmoTTe aol squasaad 'pn2aSap oq -,aaYuT ggTM Qqm uosaad naan3„ i OaS : sapTnoad apo- Teuad aqq ;o ZL uOlt •oN auogdaTay r - •oN auogdaTay -Fi4 - . S saanpv •� �.��s .SSS' , axnt2u5TS OA aueu'TeT nauacggv. ;o ssaappv pue auieN „ •ST_uaq sTg uo uosaac auks ng ao (,tauaoT�t�� :py S?-I„,OIQ G2i3S 4ueur TETo age nq Pau5Ts ,LT2To agy„ : sapTnoad Z• OT6 •oaS apo- •ono- - -J, sNnc a WailT alva :nanCuao qL'ap Tooe sT4Y so qun000e uo aoeuI non saa � nTpuadxa ag; -a s 'I • 6 •sT2YTdsog out sw=oon ' sassau+TM 10 sassaappe pue sauIe\j •g V.142 14012 � 1saJ ( •abpurzp ao nanCui anTgoadsoad nue ;o 4unowu paqeuitTsa age apnToul) Lpartndu:oo anoge pauiT2To -4unouie au seri MoH • L - S Dig bl �Cyi t��P "� �O � (abeuiep 04ne ao; sa4uluT4sa om4 go'unnV 'pauiTeTo sabeuiep aO SsTanCuT ;o ----4ua-xa TTn3 anT-) Lpaq-[nsaa u:TeTo non op satanCuT ao a5e',u2p geubj • g -------------=-----------------------------=--=---------=----------- �n'�nCuT ao abeuiep age butsneo•"saanoTduia ao squeAaas ' saaoT;-o *o 4s . P zo ��unoo 3o sa�ueu age aae ��t �.,;V. S:•. 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 22, 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: CENTENNIAL CIVIL ENGINEERS, INC. ATTORNEY: Jane Curran Pandell, Esq. Pandell, Novich & Borsuk Date received ADDRESS: Peri. Executive Centre BY DELIVERY TO CLERK ON April 25, 1990 2033 N. Main . Street; Ste. 450 Certified P174-832-489 Walnut Creek, CA 94596 BY MAIL POSTMARKED: April 24, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 30, 1990 PpHHIL BATCHELOR, Clerk DATED: eputy 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: 011 c�A�AC U r,s� - Cnr ,�In Ni Se. vC'I� Dated: �� / )0/go BY: � 4 ' �- / 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 OR ER: '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. n Dated: MAY 2 2 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: m AY 2 2 1990 BY: PHIL BATCHELOR'by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Centennial Civil Engineers, Inc. c/o Jane Curran Pandell, Esq. 2033 N. Main Street, Ste. 450 Walnut Creek CA 94596 Re: Claim of Centennial Civil Engineers, Inc. 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. WEST , County Counsel f By:_ Deputy C6unty Courts\ CERTIFICATE OF SERVICE BY MAIL I C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. §§ 641, 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69 , Martinez, California, 94553, and I am a citizen of the United States, over 18 years' of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s ) addressed as shown above (which is/are place(s) having delivery service by U.S . Mail ) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: - I at Martinez, California. IV cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 .2, 920 .4, 910 . 8) PANDELL,NOVICH &BORSUK ATTORNEYS AT LAW LEE J.NOVICH JANE CURRAN PANDELL PERI EXECUTIVE CENTRE SAN FRANCISCO OFFICE JEFFERY L. BORSUK 2033 N. MAIN STREET. SUITE 450 325 MARKET STREET SUITE 3400 DAVID W.GINN WALNUT CREEK. CALIFORNIA 94596 SAN FRANCISCO.CA 94105 JAMES D.CURRAN TELEPHONE:14151748-8800 TELEPHONE:141513949770 KRIS A.COX TELECOPIER:14151746-8898 TELECOPIER:141513949401 CAMERON C.WARD DENNIS L. FAORO April 23 , 1990 SUSAN M. BRADLEY AE CEIV C VIA CERTIFIED MAIL APR 2 ,5 1990 RETURN RECEIPT REQUESTED CLERK BOARD OF SLiPERVIS0P5 CON?,A--§' A CO. Board of Supervisors s ............... Contra Costa County 651 Pine Street Martinez, California 94553 Re: NOTICE OF GOVERNMENT CLAIM Death of Susanne Petersen at construction on State Route 4 East of Willow Pass Road Our File No . : 406/90617 TO THE BOARD OF SUPERVISORS AND ITS ATTORNEY: Pursuant to Government Code § 910, et sea. , CENTENNIAL CIVIL ENGINEERS, INC. ( "CENTENNIAL" ) , by and through its attorneys, hereby makes a claim against the County of Contra Costa ("County" hereinafter) as follows : 1 . Claimant ' s Name and Address : CENTENNIAL CIVIL ENGINEERS, INC. 303 Hegenberger Road, Suite 205 Oakland, CA 94621 2 . Address Which Claimant Desires That Notices Be Sent : Jane Curran Pandell, Esq. PANDELL, NOVICH & BORSUK 2033 North Main Street, Suite 450 Walnut Creek, CA 94596 Notice of Government Claim Re: Death of Susanne Peterson April 23 , 1990 Page 2 3 . Circumstances of Occurrence Giving Rise to Claims and General Description of Indebtedness , Obligation, Injury, Damage or Loss : Theresa Marie Hall died as a result of an automobile collision in the area of construction described above on April 23, 1989 . 4 . Description of Damaces : No amount has been fixed as of this date; however, CENTENNIAL' s claim based on indemnity will be in excess of $1. 6 million according to the Complaint and Statement of Damages filed by SUSANNE PETERSEN AND GARY HALL. The damages which CENTENNIAL seeks in this claim are in the nature of the potential liability for contribution or indemnity payments to other parties in this action, its potential liability for damages to Plaintiffs in the above-described lawsuit, and its attorney' s fees and costs incurred defending this suit . 5 . Name of Public Employees) Causing Damage or Loss : Claimant cannot provide a full and complete list of all public employees responsible for the loss under this claim because discovery of this matter has begun only recently and CENTENNIAL first received notice of this matter less than 60 days ago. However, claimant is informed and believes that the County Engineer, members of its staff, the County Building Department, and/or its staff, and/or the County Planning Department, and/or its staff, were public employees who would have had direct involvement and would have been responsible for investigating, communicating regarding, and/or approving construction techniques and safety recommendations regarding Route 4 construction. Very .truly yours, CENTENNIAL CIVIL ENGINEERS, INC. By and through its Attorneys, PANDELL, NOVICd& BO UK By: Ja rran Pande l JCP: kmw t` 3 v ,fes a � O Ud Ou } C, + � ` r N � Ct o dam' 1 rAUQ H til a rn x O W d h 2 7 � 1 N O K/ LL x ~ 7i W d it u Q OWC U t O h N W h � Z Z cn t - PANDELL,NOVICH &BORSUK ATTORNEYS AT LAW LEE J. NOVICH JANE CURRAN PANDELL PERI EXECUTIVE CENTRE +_ r✓;J '==' a r, SAN FRANCISCO OFFICE - JEFFERY L.BORSUK 2033 N. MAIN STREET, SUITE 450 525 MARKET STREET -- - SUITE 3400 DAVID W.GINN WALNUT CREEK. CALIFORNIA 94590)•_.-4•t?.z SAN FRANCISCO.CA 84105 JAMES D.CURRAN '' - TELEPHONE:141517468800 .1 ' = _ KRIS A.COX TELEPHONE:(4151394 9770 TELECO PIER:14151746-8898 --.._.- TELECOPIER:14151394 9401 CAMERON C.WARD DENNIS L. FAORO April 23, 1990 SUSAN M. BRADLEY VIA CERTIFIED MAIL RECIEdl "Y ED RETURN RECEIPT REQUESTED '"`g, �"'` nPR ? 71990 Contra Costa Delta Highway Joint PHIt BATCHELOR Powers Financing Authority ctEitKs ., RACI)Gr01A 2vl5'JRS co.: f�A cosrA c/o Scott Goetz �eaiily" Community Development Department 4th Floor, North Wing 651 Pine Street Martinez, CA 94553 Re: NOTICE OF GOVERNMENT CLAIM Death of Susanne Petersen at construction on State Route 4 East of Willow Pass Road Our File No . : 406/90617 TO CONTRA COSTA DELTA HIGHWAY JOINT POWERS FINANCING AUTHORITY AND ITS ATTORNEY: Pursuant to Government Code § -910, et sec . , CENTENNIAL CIVIL ENGINEERS, INC. ( "CENTENNIAL" ) , by and through its attorneys, hereby makes a claim against the Contra Costa Delta Highway Joint Powers Financing Authority ( "Highway Authority" hereinafter) as follows : 1 . Claimant ' s Name and Address : CENTENNIAL CIVIL iNG!NEE1IZS, INC. 303 Hegenberger Road, Suite 205 Oakland, CA 94621 2 . Address Which Claimant Desires That Notices Be Sent : Jane Curran Pandell, Esq. PANDELL, NOVICH & BORSUK 2033 North Main Street, Suite 450 Walnut Creek, CA 94596 Notice of Government Claim Re: Death of Susanne Peterson April 23, 1990 Page 2 3 . Circumstances of Occurrence Giving Rise to Claims and General Description of Indebtedness, Obligation, Injury, Damage or Loss : Theresa Marie Hall died as a result of an automobile collision in the area of construction described above on April 23 , 1989 . 4 . Description of Damages : No amount has been fixed as of this date; however, CENTENNIAL' s claim based on indemnity will be in excess of $1 . 6 million according to the Complaint and Statement of Damages filed by SUSANNE PETERSEN AND GARY HALL. The damages which CENTENNIAL seeks in this claim are in the nature of the potential liability for contribution or indemnity payments to other parties in this action, its potential liability for damages to Plaintiffs in the above-described lawsuit, and its attorney' s fees and costs incurred defending this suit . 5 . Name of Public Employee(s) Causing Damage or Loss : Claimant cannot provide a full and complete list of all public employees responsible for the loss under this claim because discovery of this matter has begun only recently and CENTENNIAL first received notice of this matter less than 60 days ago. However, claimant is informed and believes that the Highway Authority Engineer and/or members of its staff were public employees who would have had direct involvement and would have been responsible for investigating, communicating regarding, and/or approving construction techniques and safety recommendations regarding Route 4 construction. Very truly yours, CENTENNIAL CIVIL ENGINEERS, INC. By and through its Attorneys, PANDELL, NOVICH & BORSUK By: � 4,JA Ja rran Pandell JCP:kmw county Counsel PANDELL, NOV]CH &BORSUK RPR, /��p�3}�9yy6�0�� ATTORNEYS AT LAW mej/ inez; v' '-53 LEE J. NOVICH JANE CURRAN PANDELL PERI EXECUTIVE CENTRE SAN FRANCISCO OFFICE — JEFFERY L. BORSUK 2033 N. MAIN STREET. SUITE 450 325 MARKET STREET SUITE 3400 DAVID W.GINN WALNUT CREEK, CALIFORNIA 94596 % SAN FRANCISCO.CA 94105 JAMES D.CURRAN TELEPHONE:14151746-8800 I` TELEPNONE.11151111 1771 KRIS A.COX TELECOPIER:141517468898 /1 TELECOPIER:1415)304 9101 CAMERON C.WARD I�•tTV/r'J DENNIS L. FAORO April 23, 1990 SUSAN M.BRADLEY �VI' [10AY KE117FD VIA CERTIFIED MAIL �r1- G� wse.LRETURN RECEIPT REQUESTED �� 190 PHIL DATCHELOR Board of Supervisors RK BOHBD G(�Uif2VfjC1RCo 051A COContra Costa County ohNl� 651 Pine Street Martinez, California 94553 Re: NOTICE OF GOVERNMENT CLAIM Death of Susanne Petersen at construction on State Route 4 East of Willow Pass Road Our File No . : 406/90617 TO THE BOARD OF SUPERVISORS AND ITS ATTORNEY: Pursuant to Government Code § 910 , et sea. , CENTENNIAL CIVIL ENGINEERS, INC. ( "CENTENNIAL" ) , by and through its attorneys, hereby makes a claim against the County of Contra Costa ( "County" hereinafter) as follows : 1 . Claimant ' s Name and Address : CENTENNIAL CIVIL ENGINEERS, INC. 303 Hegenberger Road, Suite 205 Oakland, CA 94621 2 . Address Which Claimant Desires That Notices B6 Sent : Jane Curran Pandell , Esq . PANDELL, NOVICH & BORSUK — 2033 North Main Street, Suite 450 Walnut Creek, -CA 94596 C (S P2� Notice of Government Claim Re: Death of Susanne Peterson April 23 , 1990 Page 2 3 . Circumstances of Occurrence Giving Rise to Claims and General Description of Indebtedness, Obligation, Iniury, Damage or Loss : Theresa Marie Hall died as a result of an automobile collision in the area of construction described above on April 23, 1989 . 4 . Description of Damages : No amount amount has been fixed as of this date; however, CENTENNIAL' s claim based on indemnity will be in excess of $1 . 6 million according to the Complaint and Statement of Damages filed by SUSANNE PETERSEN AND GARY HALL. . The damages which CENTENNIAL seeks in this claim are in the nature of the potential liability for contribution or indemnity payments to other parties in this action, its potential liability for damages to Plaintiffs in the above-described lawsuit, and its attorney' s fees and costs incurred defending this suit . 5 . Name of Public Employee(s) Causing Damage or Loss : Claimant cannot provide a full and complete list of all public employees responsible for the loss under this claim because discovery of this matter has begun only recently and CENTENNIAL first received notice of this matter less than 60 days ago . However , claimant is informed and believes that the County Engineer , members of its staff , the County Building Department , and/or its staff , and/or the County Planning Department , and/or its staff , were public employees who would have had direct involvement and would hav been responsible for - investigating , communicating regarding , and/or approving construction techniques and safety recommendations regarding Route 4 construction. Very truly yours , CENTENNIAL CIVIL ENGINEERS, INC. By and through its Attorneys , PANDELL, NOVICH & BO�iUK BY: Jaxa urran Pande JCP: kmw Notice of Government Claim Re: Death of Susanne Peterson April 23, 1990 Page 3 cc: County Counsel 651 Pine Street Martinez, CA 94553 B. James Fitzpatrick, Esq. Williams, Kelly, et al . 152 N. Third St . , Suite 600 San Jose, CA 95112 H ; r J t 1 <r N � � N t �-1 I It s i O r z a U) 4 ~ J W u J F H N m O Q d N $ ti CLAIM f� 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 22, 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: $100.00 Section 913 and 915.4. Please note all ."Warnings". CLAIMANT: ANDERSON, James K. . ATTORNEY: Date received ADDRESS: 114 Kay Drive BY DELIVERY TO CLERK ON April 26, ;1990 (hand delivered) Va.l.lejo, .CA 94590 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April .30, 1990 gtIL 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: �� /O BY: ► -'� Q �1lr Deputy County. Counsel J III:. .FROM: Clerk of the Board TO: County Counsel (1) County Administrat6r (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors 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 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sects 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: MAY 2 2 . 1990 BY: PHIL BATCHELOR by :.Deputy Clerk CC: County Counsel County Administrator i Clair. to: BOARD OF SUPERVISORS OF CONTRA COSTA CMTTY 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, 1981 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 in-jury 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 rust be:: presented not later than one year after the accrual of the cause of action.. (Govt. Code 5911.2.) 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 claiT.s must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 zt. the end of this for- REE: Claim By ) Reserved for Clerk's filing stamp t_/�i79P t i A h/C'P/'rav!) z RECEIVED Against the County of ontra Cosa ) ,or ) APR 2 S 1990; MIL d.ATC11CLO t .District) IEYK Ba�fi.)uF',ureevt5gti5 Fill in riame) ) e C N.NA,905TA CO. i Onou The undersigned claimant hereby makes clai against the County of Cohtra .Costa or the above-r,_-mad District in the sum of $ /. �J,Q� and in"support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour), -- ------ -�� -L- �-�-�1 9a---------------------------------------------- 2. Where did the damage or injury- occur? (Include city and county)' T was G v /;.v.Vv7Ze o f uio,E�i(�in /oc�s�i �iG� � o.✓c/ 7' 4 e.v ------------------ How did the damage or injury occur? (Give full details�;/ use extra paper if required) 061 f� ��✓s �` . ��e G `i C �'��rs Git/.✓�j� • �,,d/�er Al� ��OG�/�„i � } i ,✓- m �!_o�cr - �`�-47�r�-- -------- 4. What particular act or omission on the part of county or district dfficers, servants or employees caused the injury or damage? Nr 1(01�-17 Mall� T iYTi �/Z e.. ,/f ,r� cc C/ cJ-, to r .. over) __.._...:_.. 46 5. What are the names of county or district officers, v ts; cr eW;. e;ez ,zausin9 i the damage or in jury? _1� Lrs Tom," � T w9s �y 5. What damage or injuries do you claim resulted? (Gf-4za� eel's-. itt ji:ries or damages claimed. Attach two estimates for auto daneg?.. 7. How was the amount claimed above computed? (Incicill of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors and hosplta0W --------------------------------------------------- 9. List the expenditures you made on account of this ac.:ldbn -Irr DATE ITEM AMI'M f �S-aa F Gev.. Code Sec. y' �, "The cla1�11 onus ;nom.: SH':D NOTICES TO (Attornev) or by some oers:r' an! '�b=z be?:altf Name dnd Address `.of•Attorney C ain2,:, :��sc ddre• �:j: �/ � 9 YJ 90 Telephone .No. Telephone �No:(7�.7) ,s,ZZ- Z Z D 7 N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defrau ., presents for- aMowa*?r-,�, ^tr, f�mr payment to any state bca"d or officer, or to any county,; cis yw �zrd. x;'23 !board or officer, authorized to allow or pay the same if genuine,, any- ft�Oatp ext- J_^sudtalent claim, bill, account, voucher, or writing, is punishable, ty, :;mpr m=ment 3n the- county jail for a period of not more than one year, by; a� :iir:e,. of T: t; e`weedirig one thousand. ($1,000), or by both such imprisonment and f<ne:,, cr F -1rr12m=nent in the state prison, by a fine of not exceeding ten thousEnd dtrMors� ( �)„ car by both such imprisonment and fine. ' CLAIM lcf BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NO.TICE TO CLAIMANT MAY 2 2 , 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: $350 . 00 Section 913 and 915.4. Please note a ,Warnin s" bounty counsel CLAIMANT: ANDERSON, Arthur A. AMS :' 1990 ATTORNEY: Date received fi�artlneZ C�11 X45.5$ ADDRESS: 2801 - Pullman ##131 BY DELIVERY TO CLERK ON April 230 1990 Chand Richmond, CA 94804 delivered) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board.of Supervisors TO: County Counsel Attached is A copy ,of the above-noted claim. April 25 1990 !L BATCHELOR, Clerk DATED: P �q: Deputy II. FROM: County Counsel TO: Clerk of the Board of Sup 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 ho BY: IJ�",Q Q_�-, /J O,' Deputy County Counsel \ I V 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 OR R: 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. 'Dated: lay 2 2 1990 J0 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sectio 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 2 2' 19 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM TO; BOARD OF SUPERVISORS OF CONTRA COgW}'application to: Instructions to ClaimantC1erk of the Board .O.Box 911 Martinez,Califomla94553 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 Distript tshould 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 )Reserve stamps M '40/0 rP71,ECEIVED APR:2 Against the COUNTY OF CONTRA COSTA) aria pry ) FN4.3nTrHEIOR RK BOARD OF 5UPERV75:�PS or �„r �v'Sf}(� DISTRICT) coNTRA TACO (Fillin name ) s The undersigned claimant hereby makes claim against the Coin of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: �. When did the damage or injury occur? (Give exact date and hour] - - - _ -- ---- ------------------------------ '2 --WRiere Tlsd-• the Ramage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give uai�s, .use extra sheets if required) _ 7` 4 . What particular act or omission 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? . . y 6. What aainage or. injuries do you claim resulted? Give lull extent of injuries or. damages claimed. - Attach two estimates for auto damage) /J L 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) vy �Urf f 3SU ---------------------------------------------------=------=--------------- 8. Names and addresses of witnesses, doctors and hospitals. —————————--————————————— — �. List"the `expendit'ures you made on account of this accident or injury: r DATE j ITEM AMOUNT :;,;;. ****# LI *#*il•**,*#7k•***pt,*�ih*#sF�**###*tt**#i�*#*#*irtit*#�FIF***#********�*#*#*#****�F#*#** Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES *TO: (Attorney) or by some person�j on his behalf. " Name and 'Address of Attorney Claimant' s Signature i 2e0l pu//,WAiy IT3 Address Telephone No. Telephone No. 41IS- z33-052 'NOTICE Section 72 of the Penal Code provides: "Every person who, with intent -to defraud, presents for all<>wance or for payment to any state board or officer, ' or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , account, voucher, or writing, is guilty of a felony. " f� wl * S INCIDENT REPORT CONTRA COSTA COUNTY SHERIFF'S DEPARTENT INCIDENT INCIDENT: LasT r FACILITY: /I'IA` REPORT DATE/TIME 1-,71- 90 'DATE/TIME /—,?/- 9a LOCATION: CLd7i1//VG Aonvi OCCURRED: /j/4!57Q REPORTED: /.$e00 HOUSING INMATE:/,JNI�/c,(�SY1"Y� i4,e77i.2 BOOKING 9a �o701n 9JASSIGNMENT:G14 11,3E .Last First Middle WITNESS(ES) -- LIST -- Name - Address If an inmate, give booking ": SYNOPSIS:0L077,-///VG •344!2 AVZ- ZQC14TEd 6Y) 4 S 2i6AIZ2) ,�ioC'iC �Yurr�.c3E.e A3411 NARRATIVE:1Q/t/LE,9'M `2 01i�Q ZZZIM14 +C G 4,0/LT 4107— '1,4V,41,§1416; O21 T�i�l IN A;00)-77- .4AII) ZZ—FIV iiy SW Celt- / -,& SVG /^/ Z,d C ��ryaTie!2 4AI&6- sCX 1 UJk-2 7 7W,!5- c AF 77�.r )4 ACTION TAKEN/RECOMMENDED: az EP I G MPLOYEE # SUPER I OR # R OPER I NS D RECT # O.D. RO NG INSTRUCTIONS: White to Facility Manager - Yellow to Booking File - Goldenrod to Inmate By: "Pink to Lineup Board Page one of / Rev. 3/85 T °1 CONTRA COSTA DETENTION:FACILITY (_11511 CLOTHING RECEIPT DATE: 01i1'aPj0 REC: 1�i3225 TIME: 1 .1 + FACILITY: t' DF NAME (L, F, M): AND ER50i'd AR I lil►rr D.O.B.. • o BOOKING NBR: U Cl U t i16 1 E ICE: Q SHIRT/BLOU VPANMT WAK OTS A HIRT F DRESS OTHER BKG OFC: x / I MATE SI NA7rJgE i DATE: eI HAVE RECEIVED ALL OF MY CLOTHING: REL OFC:;I x INMATE SIGNATURE i 2, �' � � � �.` � `:. � ., i� _ `� cS'�--� �� '` t � , '� � ��, � y �� _V� � �� o. �. � � .` J ���;; ,:v: .,, � � . , � ql `�� � �� � '� � � 'S �f C t � �� � � .� .� _a:. -�; :� , SJR....-.. `. _.v; � � �- s �` f,�► .�/ � �J 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 22, 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: $490.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ALGERE, Anthony C. ATTORNEY: Date received ADDRESS: 137 North 20th Street BY DELIVERY TO CLERK ON April 25, 1990 (hand delivered) Richmond, CA 94804 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 30, 1990 E�JIL Deputy_ 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: �� '�o j o BY: I _ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAY 2 2 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'2 2 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator .4 I :I,AIi�: TCS• BOARD OF SUPERVISORS OF CONTRA Ae't COc'T'y T•ry ` ur���iltiSl application to: Instructions to Claimant Clerk of the Board P.0.Box 911 A. Claims relating to causes of action for death or ror�lnCury�to4533 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 , CounZy _Administration Building, 651 Pine Street, Martinez , California 94553: C. If claim is acainst a district governed by the Board of Suo_ ervisors , 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: Clain by ) Reserved for CjaZr ,' f- i_' stamps Against the 'BOUNTY OF CONTRA COSTA) APR-255 1990 or G�� it/l� �. DISTRICT) ERCONTRCONTRA RAQ0Yr:PERvfsOR, ACU (Fill in name) ) e Dcour . The undersigned claimant hereby makes claim against the Co��nty of Contra . Costa or the above-named District in the sum -of $ GJ�•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) 3. How did the damage or i �u_r�_ cur. (Give full aetails, use extra sheets if required) pcard 4 . What , articular act�i6r omission othe part of county or district officers , servants or employees caused the injury or damage? ' - 6, � ee (over) , '.:5.:,:•f gat. ar.e...the..names. of county or district officers , servants or r' j employees causing the damage or injury? --- - ---- --- - � _�� _ ---- ---- --- ---------------- damage6 . i�ihat- or injuries do you claim r ' ulted? :(Give' full extent of injuries or damages claimed. Atta two estimates for auto damage) _ - ---Y-Z - 7 . -How was the amount claimed above computed? (Includetheestimated amount of any prospective injury or damage. ) --------------- 8. " N Fes ana- addresses of wg-Enesses , vdoctors and hosaitals. --G---- - -------------- - 9 . List the expenditures you mad-e on account of thi's accident or injury: ... DATE ' ITEM AMOUNT ;- _ Govt. Code Sec 910 . 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attcrnev) or by some Gerson on his behalf. " Nand Address of Attorney e� 1 -�jlar.t�s 'rynat e T��� 6­1h 13 � / / I ice . 'ark Plat J PCO;-PIIC.flln�i7lQddres , Telephone No. - ; 12 /c7<2 Telephone .No. 3S" /��� .0 y' NOTICE Section 72 of the Pena.1 Code provides: "Every person who, with 'intert to defraud, presents for allowance or for payment to any state, board or officer , or to any county, toAn, 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. " 05-� �J re-- Sw 1 �° °� 4e 0 e'r�.5� tl� shT I 1 , _ CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements,. ) NOTICE TO CLAIMANT MAY 22, 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: AIRES, Marissa (a minor, through Lanae Aires) ATTORNEY: K. Randy Moore, Esq. The Moore Law Firm Date received ADDRESS: 45 East Julian Street BY DELIVERY TO CLERK ON April 23, 1990 San Jose, CA 95112 Cer i ie P /86 332 649 BY MAIL POSTMARKED: April 20, .1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 23 1990 PpHHILBATCHELOR, Cler DATED: 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� /10 BY: I�Q�, /� 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 ORDE 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: MAY 2 2 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 2 2 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator K. Randy Moore, Esq. 1 Moore Law Firm 45 East Julian Street 2 San Jose, CA 95112 y'ECEI QED Telephone: (408) 298-200 `�! 3 Attorney For Claimant APR 2 3 1990 4 MARISSA AIRES, a minor, by and through LANAE AIRES, rH,;BATCHELOR 5 her parent and guardian CLERKCBOARD OFS SUPERVISORS G ........... .. be puly6 7 CLAIM FOR PERSONAL INJURIES 8 CLAIM OF MARISSA AIRES, a ) 9 minor, by and through LANAE ) AIRES, her parent and guardian, ) CLAIM NUMBER: 10 ) Claimant, ) CLAIM FOR PERSONAL INJURIES 11 ) 12 Against ) [GOVERNMENT CODE §910] ) THE BOARD OF SUPERVISORS OF THE ) 13 MARTINEZ SCHOOL DISTRICT, ) CITY OF MARTINEZ, COUNTY OF ) 14 CONTRA COSTA, STATE OF CALIFORNIA, ) 15 Respondents. ) 16 TO THE BOARD OF SUPERVISORS OF THE MARTINEZ SCHOOL DISTRICT, THE 17 CITY OF MARTINEZ, THE COUNTY OF CONTRA COSTA, AND THE STATE OF CALIFORNIA: 18 19 1. YOU ARE HEREBY NOTIFIED that Marissa Aires, a minor, 20 (date of birth December 20, 1981; age 8) by and through LANAE 21 AIRES, her parent and guardian, each of whom resides at 63 Adelaide Drive, Martinez, California, makes the within claim for 22 personal injuries and damages against the Board of Supervisors of 23 the Martinez School District, the City of Martinez, the County of 24 Contra Costa, and the State of California. 25 26 2 . All notices and communications with regard to this claim should be sent to Marissa Aires, a minor, by and through LANAE 27 AIRES, her parent and guardian, in care of K. Randy Moore, Esq. , 28 CLAIM OF MARISSA AIRES, a minor, by and through LANAE AIRES, her parent and guardian . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . PAGE 1 The Moore Law Firm, 45 East Julian Street, San Jose,, California 1 2 95112 ; telephone number (408) 298-2000. 3 3 . This claim is based on head, mouth, face, neck, 4 shoulder, and arm injuries and damages which Claimant sustained on or about October 30, 1989, . at the Woodbridge Children's Center 5 at Las Juntas School, 4105 Pacheco Boulevard, Martinez, Contra 6 Costa County, California, while enrolled there as a student. The 7 claim arises out of the following circumstances: 8 9 (a) On or about October 30, 1989, Claimant was playing on the grounds in a supervised area of the Woodbridge Children's 10 Center at Las Juntas School, 4105 Pacheco Boulevard, Martinez, 11 Contra Costa County, California (the School) . 12 (b) Claimant, while playing on the School grounds, 13 within a designated area, and within the view and control of 14 staff personnel, was attacked, scratched, bitten, and mauled by a 15 large dog (the Dog) . The School premises where Claimant was 16 17 located at the time of the attack were not fully enclosed or fenced. 18 (c) The Dog which attacked Claimant had been seen on 19 the School premises for several days preceding the date on which 20 21 Claimant was attacked. Though they were aware (or should have been aware) at all times of the danger which the Dog presented to 22 Claimant, School personnel made no. attempt to keep the Dog off of 23 away from the School premises or Claimant. 24 25 ' (d) Though they were aware (or should have been aware) 26 at all times of the danger which the Dog presented to Claimant, School personnel did not warn or attempt to warn Claimant, then a 27 seven (7) year old child of the danger which the Dog presented to 28 i CLAIM OF MARISSA AIRES, a minor, by and through LANAE AIRES, her parent and guardian . . . . . . . PAGE 2 her. 1 4 . As a result of being attacked, scratched, bitten, and 2 3 mauled by the Dog, Claimant sustained the injuries and damages to her head, mouth, face, neck, shoulders, and arms about which she 4 now complains. The injuries and damages required.' medication and 5 suturing, and have caused scarring and disfigurement, the full 6 nature and extent of which is not yet known to Claimant. . 7 5. The Claimant does not know the name or names of the 8 public employee (s) who caused or contributed to Claimant ' s 9 injuries, damages, and losses. 10 6. Jurisdiction over this claim would rest in the Superior 11 Court in and for the County of Contra Costa, State of California. 12 Dated: April , 1990 13 THE THE MOORE LAW FIi 14 It- By: Ra Mao 15 Attorneys For C11aimant MARISSA AIRES; a minor, by 16 and through LANAE AIRES, her parent and guardian 17 18 aires.clm (KRM) . 19 0069 : 041290 20 21 22 23 24 25 26 27 28 CLAIM OF MARISSA AIRES, a minor, by and through LANAE AIRES, her parent and guardian . . . . . . . . . PAGE 3 1 i1 r cd r-{ CO W . O N U O P4 M cA Ln N ;> +J En Cly 4-i • n1 �