Loading...
HomeMy WebLinkAboutMINUTES - 05081990 - 1.17 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 8, 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: $646.06 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CORTEZ, Jack ATTORNEY: " Date received ADDRESS: 2009 Blue Oak Court BY DELIVERY TO CLERK ON April 5, 1990 Danville, CA 94506 BY MAIL POSTMARKED: April 4, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 9, 1990 PpH�}IL BATCHELOR, Clerk BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors lV ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). County Counsel ( ) Other: 0 Martinez, CA 94553 Dated: 10 h I BY: . �,,� S Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admin' trator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORD By unanimous vote of the Supervisors present ( ) This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: AY 8 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 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the •District should be filled in. D. 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 stamp cow ez CEI _ ) --� Against the County of Contra Costa ) APR 51990 or ) PHIL BATCHELOR CLERK BOARD OF SUP[1VISORS • CO COSTA CO. DePut District) . ......••.... g ............ Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ,� �•0� and in support of this claim represents as follows: �- /,-LO --f a�/�s wo,-PCO2 4;6R "0 ----------------------------------------�(�r- -c�{�----- ------�--- --- ------`- 1. When did the damage or injury occur? ive exact date and hour O� 9o j------------------------------------ 2. Where did the damage or injury occur? (Tnclude.city and county) 3. How did the damage or injury occur? ( ive full details; use extra paper if required) 4. What particular act or omission on the part of county o'r distric officers, 6 servants or employees caused the injury or damage? i� �L LW ot� Fk­ - ­ - M.5, * PoLclieV ,gad n (of�Q1)C ` Sa,tai 5. What are the names of co ty or district officers, servants or employees causing, the damage or injury. J% eeim 5. What damage or injuries do you claim resulted? -(Give full extent of injuries or damages claimed. Attach two estimates for auto damages 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) ``:A r� /er 1,R6 - 5�3 r =s--� ------------------------------------------a l �------------- ----------------------- 8. Names and addresses of witnesses, doctors and hospitals. S19-111V %IXI'16,� 70CAL) v547� °noel /-7I?-6 a e-Z 57�:'19 e /5 96i 4®s C.g-A-d5'/3411&1 Xa:S �,s C,� 95 3.a- e544 � �2/1 V%/yam S her�`F.16 (_�- Cvu n o- Cv� fr ci S"` --------------------------------------- - ---------- - ----------- 9. List the expenditures you made on account 'of this accident or injury: DATE ITEM AMOUNT 9e7 /3 c�(ia dor a S/• Sfp A. #. # # #; # # # # # # # # # # # # # Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: y " .(Attorrie )° , or by someperson on bis behalf." Name and Address -of Attorney_.r,. ---- � Claimant's Signature �r Da m`.y es — . 9 �u�e , f11 C11— Address Telephone No. Telephone No. # # # I I V I T # # # # # # N 0 T I C E Section 72 '6f 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; ;rby;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 ($10,000, or by both such imprisonment and fine. 1.1- '� � � FIRESTONE - MICHELIN STEEL RADIALS RIKEN HIGH PERFORMANCE RADIALS DOMESTIC AND FOREIGN AUTO REPAIR INVOICE NO. 155 W. LINDA MESA AVE., DANVILLE, CA 94526 415-820-6556 STATE LICENSE NO. AJ065319 2 43 E DATE CUSTOMER _ JA k' C R Z ACCOUNT NO. I:ANVILLE CAL . 94526 4 SALESMAN 1"°fom T� Elw Ala:'"n t IWORF�ORDERNO.�LLM1LEAtaEmt!.^���°�!L�CrEN$ENO t � YEAR'' ' � MAtCE�MODEL P/ONUMBER OTY. STOCK NUMBER DESCRIPTION LABOR PRICE EXTENSION 2 1 tr,5 1 Y:;C MA l._D :[t'.-,5R13 CHL._I E:N T E BL. 0 16— yI•5 461 .2-el :-j6 .54 2 STE:I'1 RUDEIE".R VALVE. STEM 2 .50 2 IWD01 CONFUTER WHEEL. BALANCE 9(*')0 6 .5o 13 ,•:)0 2 I+JHT WHEEL BALHC'dCE WEIGHTS .5(-) 1 tjt_y "NO iWHEEL. HL I Gh;ME:NI*r" FRONTS ! I acknowledge notice and oral approval of an increase in the ❑RETAIN OLD PARTS 0 DISCARD original estimated price. x REVISED ESTIMATE (signature or initials) acknowledge that I have reviewed this estimate of repair and service work.I hereby SUB TOTAL PARTS horize the above work to be done.Includin the indicated arts and faboh and '.mise IN PERSON El PHONE 9 P P SALES TAX 1 Cl,? c l Ny for all such work.I grant permission to operate the referenced car,truck or vehilcle sets,highways orell where for the purpose of inspection and/or testing. 43•-, PERSON CONTACTED SUB TOTAL LABOR �I;_ - G% TOTAL 13 .(,,t) (customer signature) DATE TIME ) TLao�xeLx OOEQLICN'S State Registration No. ESTIMATE OF REPAIRS WAIVER SIGNED tl ❑2 TMETY 7M Name 6 Date 3o Address City State Phone Year Se UModel Vin.No. Serial No. azm Promised License Speedometer Phone When Ready ❑ Yes ❑ No OTY. OK REPLACE DESCRIPTION PART NUMBER COST QTY. OK REPLACE DESCRIPTION PART NUMBER COST EXHAUST SYSTEM BRAKE SYSTEM Exhaust Pipe Front Brake Shoes/Pads Exhaust Pipe Rear Brake Shoes/Pads Catalytic Converter Front Drum/Rotor Exhaust Pipe Rear Drum/Rotor Exhaust Pipe Front Cylinder/Caliper Muffler FA IJ, Rear Cylinder/Caliper Muffler Front Bear in /Re ack/Seal Resonator Rear Bearing/Seal Resonator Brake Fluid/Seal Tail Pipe 177Hardware Tail Pipe Total Brake System Parts Gasket Total Brake System Labor Clamp Heat Riser Valve FRONT DRIVE CV Boots Outer CV Joint Total Exhaust System Parts Inner CV Joint Axle Shaft Assembly Total Exhaust System Labor Total Front Drive Parts GAS LIFT SUPPORTS Total Front Drive Labor Hood FRONT END Hatch Front Wheel Alignment Trunk Front/Rear Wheel Balance Rear Window r Front Wheel Pack/Seals Total Gas Lift Parts Ball Joints Upper/Lower Total Gas Lift Lagr Tie Rod Ends Center Link/Idler Arm MACPHERSON STRUTS/SHOCK AB0$BE"S/COXTSPM S Bushings Strut/Shaft Front Total Front End Parts Rear Total Front End Labor Front Rear TOTAL PARTS Coil Sp ngs Rear SALES TAX Coil S rings Front TOTAL LABOR Total hock Absorber Parts Total hock Absorber La GRAND TOTAL NOT RESPONSIBLE FOR LOSS CERTIFI TI DAMAGE TO CARS OR ARTICLES EPAIRS �' All re airs ro erl LEFT IN CARS IN CASE OF FIRE, e P P P Y performed. PERFORM THEFT OR ANY OTHER CAUSE ED 2, X BEYOND OUR CONTROL. BY Signatures of Mechanics YOU ARE ENTITLED BY LAW TO ALL PARTS REPLACED, EXCEPT THOSE WHICH ARE TOO HEAVY OR LARGE, AND THOSE REQUIRED TO BE SENT BACK TO THE MANUFACTURER OR DISTRIBUTOR BECAUSE OF WARRANTY WORK OR AN EXCHANGE AGREEMENT. YOU ARE ENTITLED TO INSPECT THE PARTS WHICH CANNOT BE RETURNED TO YOU. GOERLICH'S AUTHORIZED INCREASE APPROVED P.O.BOX 537 IN ESTIMATE BY: PER: TOLEDO,oHlo 93593 _ \Ri YOU ARE ENTITLED TO A COPY OF THIS ORDER AT THE TIME OF YOUR SIGNATURE. See Other Side for Basic Exhaust Systems C-1007-R86 OHIO REQUIREMENTS: Banc Types of Exhaust Systems You have a right to an estimate if the cost of the repairs or services will be more than $25.00. Initial your 6Cylinder w/CatalytiCConverter 8Cylinder w/o Catalytic Converter choice. Written Estimate 6 Cylinder Single Exhaust Import wro Catalytic Converter wlCatalytic Converter Oral Estimate No Estimate J Import wlo Catalytic Converter 6 Cylinder Single Exhaust w/catalytic Converter � Date of Estimate iImport wlCatalytic Converter Estimate Completion 8Cylinder w/Catalytic Converter �"—.4w go-i`gaii J1, Importw/Catalytic Converter Estimated Completion Date 8 Cylinder Single Exhaust wlCatalytic Converter f0-%ftwe'.-00-�o ` `rr In the event you authorized Importw/Catalytic Converter commencement of a repair or service but do not authorize completion, a charge may be imposed for. disassembly, re-assembly or partially completed work. Comments: DO YOU DESIRE OLD PARTS? Initial: Yes li. n n No k" _ rL Your bill will not be higher than the 0 estimate by more than 10%unless you approve a larger amount before t.: repairs are finished. See Other Side For Estimate DATE ITEM NUMBER I• THE ORIGINAL CLAIMS ARE FILED IN THE MINUTE FILE. i 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: MAY 1990 BY: PHIL BATCHELOR,'b Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND OR NON-ACCEPTANCE OF CLAIM TO: Denn1 Cotter ic c/o Rd A. Kernodle, Esq. 535 Main,.- Suite 315 Martinez, CA 53 Re: Claim of DENNIS CO TER 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 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. 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: Deputy unty Couns TJ CERTIFICATE OF SERVICE BY MAIL C.C.P. §§ 1012, 1013a, 2015 .5; Evid. C. 95 641, 664 ) My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: , at Martinez, California. cc: Clerk of the Board of Supervisors ( iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910. 2, 920.4, 910. 8) CLAIM 1.0 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 8, 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: DEAN, Edward Leon a minor ATTORNEY: Gerald P. Tunney, Esq..:. Worrell & Tunney Date received ADDRESS: BY DELIVERY TO CLERK ON April 4, 1990 5200 Riverlake Road Byron, CA 94514 April 3 1990 BY MAIL POSTMARKED: p 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. A ril 9 1990 ppHHIL BATCHELOR, Clerk DATED: P BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) 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: County Counsel 4553 Dated; `� / I0 1D 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 OR 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 datene Dated: MAY 8 1990 PHIL BATCHELOR, 'Clerk, By Deputy Clerk WARNING (Gov. code sec • 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 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Law Offices of WORRELL & TUNNEY Charles M. Worrell 5200 Riverlake Rd. Gerald P. Tunney (415) 634-8252 (Discovery Bay) Byron, CA 94514 April 2 , 1990 Board of Supervisors �7g-., ������ �J County of Contra Costa li 651 Pine Street Martinez , CA 94553 APR 41990 r Re: Claim of Edward Leon Dean , a minor PH;LBATCHELO: CLERK BOARD Of SUPERVISORS CO SiACU. Gentlepersons : e ........... oe �, Please be advised that the undersigned is hereby presenting a claim against the County of Contra Costa , State of California on behalf . of Edward Leon Dean , a minor , pursuant to California Governments Code 905 . The claim is as follows : 1 . The claimant is Edward Leon Dean whose post office address is 7940 Highway 4 , Brentwood , CA 94513 . 2 . notices relating to this claim should be sent to Worrell and Tunney, Attorneys at Law, 5200 Riverlake Road , Byron, CA 94514. 3 . The occurrence giving rise to the claim was a motor vehicle accident which occurred on October 3 , 1989 on Highway 4 in the City of Brentwood , California between a vehicle driven by the claimant and one driven by Sharon Edinger , an employee of the Sheriff°s department. 4 . The injuries and damages sustained include multiple personal injuries to the head , neck , back and body of the claimant necessitating hospitalization and medical care costing in excess of $100 , 000. 00 and resulting in permanent injuries and disability. 5. The name of the public employee causing the aforesaid injuries and damages is Sharon Edinger and Does one through ten . 6 . The amount claimed exceeds $10 , 000 . 00 . Jurisdiction of the claim rests in Superior Court. If you desire any further information concerning the claim herein presented , please feel free to contact the undersigned . Very truly yours �� unney Gerald P. T n � p i�"� © +602 �• " 1 a oos co- a iT7 � 1!1 o U S N Gr Uri N O � Q �a O 0 c GA a d d Co Or O p � Ca N T � Z Y o CAW. o d 0 d d 1 Law Offices of WORRELL & TUNNEY Charles M. Worrell 5200 Riverlake Rd. 415 Gerald P. Tunney ) 634-8252 (Discovery Bay) Byron, CA 94514 certra C EtV county APR 45 1990 April 2 , 1990 Ron Harvey Risk �naengl�nt Liability Claims Agent �� office of Risk Management RECEIVED Contra Costa County 651 Pine St . , 6th floor `s API R K 1990 Martinez , CA 94553 PHIL BATCHELOR Re • Dean v County of Contra Costa CLE¢CONTRA ISTAcosoas • B Oeput Dear Mr . Harvey: In accordance with your instructions , please find a copy of the claim of Edward Dean which is hereby presented 'to the County. In order to comply with the statutory requirements , I have also transmitted a copy to the Board of supervisors . I would suggest that we not press for immediate action on this claim since that would commence the running of the statutory period for filing the law suit. Since this would be a fast track case , we would both be involved in unnecessary, time consuming court appearances and motions to secure relief from the ridiculous procedural requirements of the so called fast-track bill which was allegedly enacted to benefit ,. not burden , litigants . If you need any further information, please feel free to contact me at any time. Very truly yours , Gerald P. Tunney Law Offices of WORRELL & TUNNEY Charles M. Worrell 5200 Riverlake Rd. Gerald P. Tunney (415) 634-8252 (Discovery Bay) Byron, CA 94514 April 2 , 1990 Board of Supervisors County of Contra Costa 651 Pine Street Martinez , CA 94553 Re : Claim of Edward Leon Dean , a minor Gentlepersons : Please be advised that the undersigned is hereby presenting a claim against the County of Contra Costa , State of California on behalf . of inward -eon mean , minor , pursuant to California Governments Code 905 . The cla.irt is a:-; follows . 1 . The claimant is rdv,ard Leon Lear, whose post office address is 7940 Highway 4 , Brentwooc] , CA 94513 . 2 . Notices relating to this claim should be sent to ti7orrell and Tunney, Attorneys at Law, 5200 t iverlake Road , Byron, CA 94514 . 3 . The occurrence giving rise to the claim was a motor vehicle accident which occurred on October 3 , 1989 on ',-iighway 4 in the City of Brentwood , California between a vehicle driven by the claimant and one driven by Sharon Edinger , an employee of the Sheriff' s department. 4 . The injuries and damages sustained include multiple personal injuries to the head , neck , back and body of the claimant necessitating hospitalization ;and medical care costing in excess of $100 , 000. 00 and resulting in permanent injuries and disability. 5. The name of the public e-aiployee cau!.iing the aforesai l injuries: and damages is Sharon Ei in:.jer. an::i D=oes one, through ten . G . The ailount claimed exceeds $10 , 000 . 010 . ,jurisdiction or the claim rests in Superior Court . If you desire any further inforoation concerning the claim herein presented , please feel free to contact the undersigned . Very truly yours Gerald P. Tunney »��$ . . �\ / \ ( \ � in Q � Q .w / I;m . �& � In � J & � krk % D & 0 C:) k J � � t Y t C 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 8, 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: $198.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: McCONNER, Robert L. ATTORNEY: Date received ADDRESS: 4001 Flemming BY DELIVERY TO CLERK ON April 6, 1990 Richmond, CA BY MAIL POSTMARKED: April- 5, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 9, 1990 JVIL BAATTCHELOR, Clerk I4, FROM: County Counsel TO: Clerk of the Board of Supe 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). County Counsel ( ) Other: APR,0 9 1990 Martinez, CA 94553 Dated: N i 6 BY: I✓ L \ -Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administra o (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER- By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this date. Dated: MAY 8 1990 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 8 199u BY: PHIL BATCHELOR by Deputy Clerk ` CC: County Counsel County Administrator • . Clair: to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNT: INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to pers�. or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than. the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims 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 ii ni ) Against the County`of Contra Mosta } or ;. APR 6 1990 District) PHIL BATCHELOR RK BOARD OF SUPER'11SOQS B NT A Cputy 0 TA Fill in name ( -.. ......... ........ De The undersigned claimant hereby makes claim against the County of Contra -Costa or the above-named District-,,in the -sum of $ T- iT O e*--*) and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did- the damage or injury occur:? (Give exact date and hour) OU 7 41 '/ F-t-0-0-p-M 2. " Where did the damage or injury occur? (Include city and county) ------ --��----- = - = =---C-v v ---- --- ----.--- 3. How did the damage or injury occur? (%i.ve full details; use .extra _Paper if. g 1 Y , required) - C,1510 CL 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? " Y 2 C) k Yvt-off w v key 77 5. What are the names of county or district officers„ aer'van ts; or the damage or injury? 6. What damage or injuries do youfU claim resulted? ( i x D. ewl:Tt c_f a:rj�s�s or damages claimed. Attach two e,stimates for auto dam., C CJ C 7. How was the count claimed above computed? (Incly:+dl the? e wi ":as aum=t of any prospective injury or damage.) -1- ---JAJ C�_5----- _LtI o e �-�- cc s_ 8. Names and addresses of witnesses, doctors and hose tzOs�., � � � ��UAf S ` CQ � S y_S X'&0- �` moi, e 9. List the expenditures you made on account of this Bc:Twid�'t-, ^:rw in;irrryv DATE ITEM / AYURM tN�l Medfr_, �4o �S ' dC� >. ( .�* U W �. rhe /Coll 'lJ(n cf[p�` wt`s �( y�ya ev Aj6LOQ* �Yi �G ; iit - 9C :14' ifi lF: 7f lC f ���GGG Q IO, +� 1 t3V c?c `'�Yv. (.,(,e,e Sec. �a� G' prmridt tea; r'ihe -.La.im must ie ��i�"� tj,/ �;>_>• SEND NOTICES T0: -:(Attornev) or by some ers.Lri on_ ds Name and Address of Attorney (,71 �I Claimzn*.'°5c 5� ; t uj.+ Addresz�)) CA t-1-1 0 1�1 C, A Telephone No. Telephone No. W W 41, W? *1� N 0 T 1 C E Section 72 of the Penal Code provides, "Every person who, with intent to defraud, presents f@zr. aMeva - rte•' fid° payment to any state board or officer, or to any county,, clily, =, dtj *ice ! card �Or officer, authorized to allow or pay the same if genuine„ any/ fa'Oae oar° lhsudluaent claim, bill, account, voucher, or writing, is punishable; ettianr bF i�rprii nt in the county jail for a period of not more than one year,, b.57 a� ffl a: zut ceding one thousand ($1,000), or by both such imprisonment and e,, mpzr-:Ibm=nent; in the state prison, by a -fine. of not exceeding ten thous&adl dbuMler-si ( � ,,( f� 1� cc�r by both such imprisonment and fine. Memo 84 Page 107 9 { INTEROFFICE IV i I.1?NAT CON Al. MEMORANDUM To: FF - C o R n eh � ".i)o ,. Boy 3q' l M /z tivez c-A - From: R -0 ber`�- c o n ✓\ e P-\ Date: 7/ a VofD Subject: `�O V e 2 / 0. U Gib ! -L C' ( 1�7�L ly 5 L5 :rte yv\ t,4-/ er e- pq _ cc rr 1 0. L, VYN o ft J Lo �t L h w cLS cJ r� V�h y _ oc/,e + -YYN e- y /0 os CK,f e- A t-0 Yl 1�Utv R � Cil,-n � I' �-S c �� � �-�- Cc, �, 9 � s � � 0 U "'Lu 0 U ( Y� C� Ovs W w ul d r c'( o�-fe- Tl) - k. C Sheriff-Coroner � �'cEa�F' Contra SHERIFF P.O. Box 391 + Duayne J\, Martinez. California 94553 Costa Ass Stant Shy (415) 372- 4494Coiunty warren E. Rup, Assistant Sherif.` 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 were brought here and when you left. Then you must return this form to Contra Costa County, Clerk of the Board, 651 Pine .St. , Rum 106; Martinez-, CA. 94553. AN EQUAL OPPORTUNITY EMPLOYER tV"1 a ,co -�-1�4 h �T S IJL_ z y p \ f 1 . ' CLAIM ( •( 7 - ' 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 8, 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: PITTMAN, Beverly and Tarry ATTORNEY: Laurence F. Padway Padway & Padway Date received ADDRESS: A Professional Corporation BY DELIVERY TO CLERK ON April 6, 1990. One Kaiser Plaza, Suite 1930 Oakland, CA 94612 BY MAIL POSTMARKED: April 5, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 9 1990 PpHIL 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). County Counsel ( ) Other: `` tLITI Martinez. CA 94553 Dated: y to ho BY: „ J /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 R: 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 8 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sectio 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAY 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 LAURENCE F. PADWAY PADWAY & PADWAY 2 A Professional Corporation One Kaiser Plaza, Suite 1930 �,, 3 Oakland, CA 94612 REG"I��1�� (415) 839-7999 4 APR 61990 5 Attorneys for Claimants FHILBATCHELOR CLERK BOARD OO STA RV SORS 6 B —Deputy 7 8 CLAIMS AGAINST PUBLIC ENTITY 9 10 BEVERLY PITTMAN AND LARRY PITTMAN 11 Claimants, 12 VS. TORT CLAIM 13 CONTRA COSTA COUNTY 14 Respondents. 15 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- 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 personal injuries, wage loss, loss of earning 22 capacity, loss of consortium and general damages in the 23 incident. 24 25 26 27 28 -2- , o 1 6. Larry Pittman claims damages of $1, 000, 000. 2 Beverly Pittman claims damages of $20, 000, 000. 3 4 DATED: April , 1990. 5 6 PADWAY & PADWAY A Professional Corporation 8 By LAURENCE F. PADWAY 9 Attorneys for Claimants 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- .f� ♦ The Ordway } s P.ADWAY & PADWAY One Kaiser Plata,Suite 1930 A Professional Corporation Oakland,CA 94612 Other Offices Saa Francisco San Jose (415) 8397999 April 4 , 1990 RECEIVED Board of Supervisors County of Contra Costa -APR 61990 651 Pine Street First Floor, Room 106 PHIL BATCHELOR Martinez , CA 94553 CLERCON RAA CO RD OFSUPER Rs ... a ut Pittman v. Contra Costa County Re: Tort Claim Dear Clerk : Regarding the enclosed, please : ( ) Issue and return in the enclosed envelope. (XXX ) 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. r ( ) Find check enclosed in the sum of $ ( ) Present for signature. _ . Very truly yours, daine" " Horton Enclosure ' o AA cp 00 o ON 00 p • (51 � a 1 d N Y q ^� d r 4 1 SELLAR, HAZARD, SNYDER, KELLY & FITZGERALD 2 A Professional Law Corporation 1111 Civic Drive, Suite 300 3 P. 0. Box 3510 Walnut Creek, California 94598 4 Telephone: (415) 938-1430 5 Attorneys for Defendants, FRANK BATTLES 6 and CONTRA COSTA COUNTY 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF CONTRA COSTA 11 12 13 BEVERLY PITTMAN, and LARRY PITTMAN, 14 Plaintiffs, No. : C90-04300 15 VS. 16 DECLARATION OF EARL T. JOHNSON, GEORGIA CUSTODIAN OF CLAIMS 17 LEE AZEVEDO, F. BATTLES, BADGE NO. 34587, CONTRA 18 COSTA COUNTY, et al. , 19 Defendants. 20 2� _ 21 I, = Lrx�ctr�-C_ , hereby declare: 22 01. I am the Custodian of Claims for COUNTY OF CONTRA 23 COSTA. It is part of my duties to maintain all claims 24 presented to COUNTY OF CONTRA COSTA pursuant to the California 25 Tort Claims Act. 26 02 . Attached hereto are certified photocopies of the 27 Claims presented to COUNTY OF CONTRA COSTA by BEVERLY PITTMAN 28 and LARRY PITTMAN. The Claim entitled, "Tort Claim" was SELLAR, HAZARD, SNYDER, KELLY -1- &FITZGERALD A PROFESSIONAL LAW CORPORATION WALNUT CREEK CALIFORNIA 94596 (415)938-1430 1 presented to COUNTY OF CONTRA COSTA on April 6, 1990. The 2 Claim entitled, "Amended Tort Claim" was presented to COUNTY 3 OF CONTRA COSTA on April 23, 1990. 4 I declare, under penalty of perjury of the laws of the 5 State of California, the foregoing to be true and correct. 6 Executed this day of December, 1990, at Martinez, 7 California. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SELLAR,HAZARD, SNYDER,KELLY -2- & 2_&FITZGERALD A PROFESSIONAL LAW CORPORATION WALNUT CREEK - CALIFORNIA 94596 14751 93R-14.40 CLAIM c 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 8, 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 $150,00 0.00 (Paragraph IV below), given pursuant to Government Code Amount: Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SALAZAR, Dawn ATTORNEY: Arrinito and Morrison 2980 Railroad Ave. , Suite E Date received ADDRESS: Pittsburg, CA 94565 BY DELIVERY TO CLERK ON April 3, 1990 (hand delivered) BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JV IL April 9, 1990 BYIL BATCHELOR, Clerk An�4ildZI- 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). County Counsel ( ) Other: (� Martinez. CA N553 Dated: 4 Ip 5n BY: J)( ,x� S_ Deputy County Counsel V 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 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 8 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 8 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM TO; BOARD OF SUPERVISORS OF CONTRA CO§� Yapplicationto: Instructions to Claimant0erk of the Board P.O.Box 911 Martinez,California 94553 A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, . 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims ' must be filed against each public entity. . E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end of this form. RE: Claim by ) Reserved for Clerk's filing stamps Dawn Salazar ) RECEIVED Against the COUNTY OF CONTRA COSTA) APR 31990 AND ) CONTRA COSTA SHERIFF'S DEPT-DISTRICT) PKKBATCW(09 F n name ) CLERK BOARD OF WPEB+IISORS casrA co. The undersigned claimant hereby makes claim again the County of Contra Costa or the above-named District in the sum of $ 150,000 and in support of this claim represents as follows: 1. When did the damage or in3ury occur? (Give exact date ani hour] 10-3-89 1. W�iere �i� tfie damage or �n3ury occur? ZInclude city and county) SR 4 - Unincorporated Area 3. How did the damage or inury occur? (Giveul� details, use extra sheets if required) Vehicle Accident - County employee made illegal U-turn in front of motorcycle on which claimant was a passenger. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Negligent Operation of Motor Vehicle (over) 5. What ai .. aames of county or district officers , . .tents or employees causing the damage or injury? r Sharon Edinger 6. what damage or �n�uries do you claim resulted? Give full extent of injuries or damages claimed. Attach two estimates for auto damage) . Soft tissue back, abrasions, pain and suffering, general. ------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Ongoing Damages - Medical -'----------------------------------------------�'------------------------ Kaiser ------------ Kaiser Edward Dean 7440 Highway 4, #11 Sharon Edinger - 651 Pine Street, Martinez, CA See Traffic Collision .Report 10-42 �. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Ongoing - Unknown - Kaiser Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some pjWson on his behalf. " Name and Address of Attorney _) / mZ AFFINITO AND MORRISON r m s Signature ,2980 Railroad Ave. , Suite E 29 0 Railr Pittsburg, CA 94565 V Add ss —Pittsburg. CA 94565 Telephone No. 432-4731 Telephone No. 4'19-A7g1 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state. board or officer,:' or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. "