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MINUTES - 06261990 - 1.13
DATE ' 01 b- �� ITEM NUMBER �� 3 THE ORIGINAL CLAIMS ARE FILED IN THE MINUTE FILE. i. ` - CLAIM I `3 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 JUNE 26 , 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 "War gs.1 CLAIMANT: WILSON , Lakisha (a minor thru Vivian Harris) ✓ �r�0�W �� ©8� ATTORNEY: J. Niley Dorit, Esq. coy�ry 990 Law Offices Date received er�N -Cb�Ms�2 ADDRESS: 44 Montgomery St. , Ste . 2660 BY DELIVERY TO CLERK ON May 24 , 1990 San Francisco , CA 94104 Cert. #P 7S1 986 073 BY MAIL POSTMARKED: May 2 3 , 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June S ' BY: D 1990 PpHHIL BATCHELOR, Clerk DATED: eputy II. FROM: County Counsel TO: Clerk of the Board of Su visors N ) 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: 190 BY: JJA Deputy County Counsel I __U ",�Jy 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 ( I_ 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: JUN 2 6 IM PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code s13) 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: IN 2 6 19'M BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator J NILEY DORIT • ATTORNEY AT LAW TELEPHONE 44 MONTGOMERY STREET (415)9562757 SUITE 2660 SAN FRANCISCO,CA 94104' May 23 , 1990 —La ED MAY 2 41990 Board of Supervisors °ilii 3:>'CHcCO2 County of Contra Costa CtERK6CiARDUf SUPEWSGR3 725 Court Street P."C"5T'":° De =I Martinez, CA 94553 Re: Claim of Lakisha Wilson Dear Sir/Madam: Enclosed is a Claim Against Public Entities on behalf of Lakisha Wilson. Your facility is one of the named entities. Please submit this Claim to your appropriate governing board. We would also appreciate your returning an acknowledged copy of this Claim to us in the envelope provided. Thank you. Very truly yours, J NIL Y DORIT JND:kC Enclosures J NILEY DORIT ATTORNEY AT LAW TELEPHONE 44 MONTGOMERY STREET (415)956.2757 SUITE 2660 SAN FRANCISCO,CA 94104 CLAIM AGAINST PUBLIC ENTITIES This Claim is made on behalf of Lakisha Wilson, a minor, against the Public entities listed below. To: RECEIVEI ' STATE OF CALIFORNIA, Board of Control COUNTY OF CONTRA COSTA, Board of Supervisors MAY 2 4 1990 PH;L BATCHELOR WOODSIDE ELEMENTARY SCHOOL, Principal CLERK BOARD COSORS 0 .......... ... De ut l MT. DIABLO UNIFIED SCHOOL DISTRICT, Superintendent The following Claim(s) for damage are hereby made by and the particulars of the claim(s) are as follows: 1. Names and address of Claimant(s) : Lakisha Wilson, a minor, by and through her Guardian Vivian Harris Permanent & Current Address: 370 Adagio Drive Danville, CA 94526 2. Address to Which Notices are to be Sent: LAW OFFICES OF J NILEY DORIT 44 Montgomery Street, Suite 2660 San Francisco, CA 94104 3. Amount of Claim: $100,000..00 4. Date and Place of Occurrence: November 30, 1989, on a school bus, on Alameda Diablo Road, near Caballo Ranchero Drive, in Walnut Creek, California. 5. Other Circumstances: On or about November 30, 1989, Lakisha Wilson, a minor, was 1 a wheelchair passenger on a school bus travelling southbound on a private road, Alameda Diablo Road, near its intersection with Caballo Ranchero Drive, in Walnut Creek. Claimant, a quadriplegic, must be strapped into her wheelchair at all times, and the wheelchair must be secured in order to keep it stable while in transit. As the bus proceeded down the road, it either stopped suddenly or sped over a speed bump. Claimant was thrown forward, and, being strapped into her wheelchair, the chair also was thrown forward. Lakisha landed face down on the floor of the bus, trapped under her wheelchair, causing the injuries hereinafter set forth. Among other things, defendants negligently supervised and cared for the minor, negligently contracted with or retained the bus company transporting the minor, negligently transported the minor, negligently failed to screen, train or evaluate its agents and employees. 6. Itemization of Injuries, Extent of Damage and Basis of Computation: As a direct and proximate result of the aforementioned acts, conduct and omissions of the entities against whom this claim is filed, claimant has suffered and sustained injury. Claimant claims all general and special damages arising out of the aforementioned occurrence. Claimant Lakisha Wilson's injuries include, but are not limited to, a laceration to right eyebrow and swollen nose, as well as excessive mental and emotional trauma. 7. Employees Causing Injury and Damages: Employees and agents of the entity, against whom this claim is filed who are responsible for the occurrences identified herein are presently unknown. DATED: May 23, 1990 LAW OFFICE OF J NILEY DORIT J NILg DORIT Atto ` y for Claimant 2 1� .,:�J. L � ca co K Np � tJl M ® 4 .,A cc1 N j N V C► � �Nc�d O Uc— `� v, QW�O v �w /.i,3 _•h 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 JUNE 26 , 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: $ 268 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: WILLIAMS ) Reginald RECEIVED ATTORNEY: OC? 1990 Date received ti1AR; �G ADDRESS: 12000 Marsh Creek Road BY DELIVERY TO CLERK ON May 31 , 1990 C�� Clayton , CA 94517 ' BY MAIL POSTMARKED: May 30 , 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5 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: 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). 1V. 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: JUN 2 6 199(1 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:— JUN 2 6 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Clair. to: BOARD OF SUPERVISORS OF CONTRA COSTA CaRrl. 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 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 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 RECEIVED RC t0� \jE,9. oCri Against the County of Contra Costa ) MAY 3 0 1990 or p �� ) INA (DWI I�iA r1 District) CLERK aCIHRG OF SUORVISORS Fill in name CON. STA CC. • } g Deputy The undersigned claimant hereby makes clai againshe Co 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) ----MCA r l otE-�-------------------�=2- _- -�-----= �-w'--__-__------ 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) !/( cD)41 -A i ►�u. f a�� �,vcr, v ----------- ------------------------------------------------�a-r-'�A �d r G'� --- �_ h�,�'S 1- 4. What particular act or omission on the part of county or district officers, S d�c ks servants or employees caused the injury or damage? � - C l v��, , �► O c1��``e 6e r s -(over} _ �... _. .. ...+.... -..-.- ..3�:i/::-.... ...�r1.L¢:M" ._ .. .. .. .. >.sem.. •-.L•»... + F r+ ani n. .,'� l rr 5. What are the names o_ county or district officers,; ��_. �.��.,:.�, or �WkL.�.��� pausing - the damage or injury? 5. What damage or injuries do you claim resulted? (Gf,! t exti-tr- 01 i n,_Jizzries or damages claimed. Attach two estimates for auto darag�r- aPI 4/ 1'4 --- -V- - - -rte 7. How was the amount claimed above computed? (Includi�- t ie am=t of any prospective injury or damage.) -------------------1A2 E--------------------------a---------------------------- 8. Names and addresses of witnesses, doctors and hosl? s-aJak.• 9. List the expenditures you made on account of this cg. in;;iimr. DATE ITEM A�" fiiVl' r-1 ►p,Y411NN►5 Shots tgm �r � '�6:er� o,00 � ,00 Pchr Levis 501 3 AGOV. Code SYN. 2 � �� -C�F6►iN� s„The claim must Vie, alggzed' bey SEND NOTICES TOE (Attornev) or by some ers.-ni aria i7s be�tal ,5.. Name and Address,'of Attorney � n Ad z1)) 1/a 11 e MO , CA 9115/0 Telephone No. i Telephone No.C�a7:)�55�- ,� - - - * * * * _ W N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents; fart- aDJmw&-=A” am int° payment to any state board or officer, or to any count„ cl.lyi, =, dLJ--ty !-t bmrd or officer, authorized to allow or pay the same if genuine:,, any/ f'-Oae =, - _i.-au&1vaent claim, bill, account, voucher, or writing, is punishable; e'ztthe- b-F ikuprs--a�-t in the county jail for a period of not more than one year, bF a, itln-e: © ' arct, emceeding one thousand ($1,000), or by both such imprisonment and -.OZT e:,, cr 't tmqrJsm=nent in the state prison, by a 'fine of not exceeding ten thousadidmImr-m by both such imprisonment and fine. q V d g46 Gs � m CL 1 c �J rv)` CLAIM / /3 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 JUNE 265, 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 01 /� QW1. CLAIMANT: RODRIGUES, Cecilia Miguel JON ®8 T 19 ATTORNEY: James E . COX, Esq . MAR(N Co Cox, Garrett & Lally Date received �4[iF ADDRESS: P .O . Box 111 BY DELIVERY TO CLERK ON May 25 , 1990 (hand Martinez , CA 94553 delivered) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5 1990 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. _'N ) 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: G (X10 BY: Deputy County Counsel 1II. 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 ORDE : 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: JUN 2 G 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se(t o 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: JUN 2 6 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR ' NON-ACCEPTANCE OF CLAIM TO: mes E: Cox, Esq. P.O. ox 111 Martine CA 94553 Re: Claim of CECIL I ' UEL RODRIGUES Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10, 000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel iABy:- P 1:�2 � 1� Deputy CohiAty Counsel 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: \Ao , at Martinez, California. r cc: Clerk of the Board of Supervisors rig1) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 .8) c � vEo 1 JAMES E. COX DAVID R. F I SCHER ' 2 COX, GARRETT & LALLY A Professional Corporation MAY 25 1990 3 Court & Mellus Streets Post Office Box 111 ►Hll BATCHELOR 4 Martinez , California 94553 CLERK BOARD O 5 ERVISORS Telephone: (415) 228-7300 s CONTRA I co., Demly 5 Attorneys for Claimant 6 CECILIA MIGUEL RODRIGUES 7 8 BOARD OF SUPERVISORS -- COUNTY OF CONTRA COSTA 9 10 In Re : Claim By ) 11 CECILIA MIGUEL RODRIGUES, ) 12 v. ) CLAIM 13 COUNTY OF CONTRA COSTA, ) 14 ) 15 The undersigned claimant hereby makes claim against the 16 County of Contra Costa. Pursuant to Government Code §910 claimant 17 makes the following representations in support of this claim: 18 (a) The name and post office address of the claimant is as 19 follows: Cecilia Miguel Rodrigues , Route 3 , Box 1 , Oakley, 20 California 94561 . 21 (b) The post office address to which the person presenting 22 the claim desires notices to be sent is as follows: James E. Cox, 23 Esq . , Cox, Garrett & Lally , A Professional Corporation, Post Office 24 Box 111 , Martinez , California 94553. 25 (c) The date, place and other circumstances of the 26 occurrence or transaction which gave rise to the claim asserted 27 are as follows: 28 1 Claimant is the owner of Contra Costa County Assessor ' s 2 Parcel No . 37-200-001 , situated in Oakley, California . A portion 3 of claimant ' s property is presently involved in an eminent domain 4 proceeding entitled County of Contra Costa v . Cecilia Miguel 5 Rodrigues , Contra Costa County Superior Court Action No. 306985 . 6 Said eminent domain proceeding involves land necessary for the 7 Vintage Parkway railroad overcrossing in Oakley , California. 8 The Hofmann Co . , as agent for the County, has constructed 9 Vintage Parkway on that portion of claimant ' s property which is a 10 partial take in the eminent domain proceedings referred to above . 11 The Hofmann Co . and the County of Contra Costa , knowing that 12 the soils in the area were of a sandy character , proceeded to 13 construct an approximate four to six foot high vertical cut 14 immediately adjacent to the remainder of the claimant ' s property. 15 This resulted in the remainder of claimant ' s property being 16 approximately four to six feet higher than the grade of the adjacent 17 Vintage Parkway. During the construction of Vintage Parkway , The 18 Hofmann Co. and the County of Contra Costa, willfully and in a 19 conscious disregard for claimant ' s property , failed to construct 20 any retaining wall or take any other measures to protect the 21 remainder of claimant ' s property. 22 Claimant is informed and believes that , at various times 23 during the construction of Vintage Parkway, various employees of 24 the County and of The Hofmann Co. trespassed on claimant ' s remaining 25 land. Also, dust and airborne dirt were allowed to enter onto 26 claimant ' s remaining land as a result of the construction of the 27 Parkway. Further , The Hofmann Company in its capacity as the agent 28 -2- I of the County, engaged in other oppressive, unethical , and malicious 2 conduct in and about the claimants ' s property intending to cause, 3 and actually causing, grave and serious injury to the claimant . 4 Due to the adjacent construction of Vintage Parkway, 5 claimant ' s remaining land has been left without lateral and' 6 subjacent support . Due to subsequent rain and erosion, portions 7 of claimant ' s remaining property has slipped away. In addition 8 to damage to claimant ' s remaining land, claimant ' s fruit orchard 9 has been damaged by such slippage and lack of support. Furthermore 10 the actions of the County and its agent , The Hofmann Co. , have 11 resulted in a loss of value to claimant ' s remaining land . Claimant 12 has suffered personal injury in addition to the damage to her land 13 in that she , as a proximate result of the tortious conduct described , 14 has suffered severe emotional distress . 15 Claimant is informed and believes that the County employee 16_ -- in charge of the Vintage Parkway project is Mitch Avalon and the 17 Contra Costa County Public Works Department . 18 (d) A general description of the indebtedness , obligation, 19 injury, damage or loss incurred so far as it is known at the time 20 of presentation of this claim, is as follows: See (c) above. 21 (e) The name or names of the public employee or employees 22 causing the injury, damage, or loss , if known, is as follows : See 23 (c) above. .24 (f) Amount of claim: The amount claimed pursuant to this 25 claim exceeds ten thousand dollars ( $10 , 000 . 00) . Jurisdiction 26 27 28 -3- l 1 1 over this claim rests in the Superior Court . 2 Date: Ma�� , 1990 COX, GARRETT do LALLY 3 A Professional Corporation 4 _ E. COX A torneys for Claimant 6 ' ECILIA MIGUEL RODRIGUES 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 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 JUNE 26, 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: $275.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SWEENEY, Carlos ATTORNEY: Date received ADDRESS: 2241 Lafayette Drive BY DELIVERY TO CLERK ON May 23, 1990 (via Risk Mgmt.) Antioch, CA 94509 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: May 23, 1990 BY: Deputy II-.�FROM: County Counsel TO: Clerk of the Board of Supervisors t�1 ) 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: ' Deputy County Counsel Dated: T3 /9 U BY: 49 III. FROM: Clerk of the Board TO: County Counsel (1) County Admini ator (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: JUN?6 1990 PHIL BATCHELOR, Clerk, B Deputy Clerk WARNING (Gov. code c 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: JUN 2 6 199 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrato o 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 Lug �eeh e y ) RECEIVE Against the County of Contra. Costa ) MAY 2 3 1990 or ) Niit 3.ATCH_ OC CLERKOF SUPERVI ORi District) RA COSTA CO. Fill in name ) De a The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ a 7 s.uy and in support of this claim represents as follows: - ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) J uph,, May Ro, 199D -------------------------------------------------------------- 2. Where did the damage or injury occur? (Include city and county) G_&%'� 6ou.vka 144WA, y �+ w�� o� W. flow r°as� ,�-u►•n -o�� �w -----W---1�� ----------------------------------------------------------- 3. How How did the damage or injury occur? (Give full details; use extra paper if re uired) . C-O u h d" / Q --� ,tc� �n fi'SO �'ov L. 9 WD� ►^^� t•�Ut� L&V%4 16L Vn 10 �r1 ,� �� �.�,9c s I-,r�,� w.ti►�l, �e 1�. �e���► � as�� w►a rl�, .. 4. What particular act or -omission on the part of county or district officers, servants or employees caused the 'injury or, damage? �e 1l 014. 12et4r '0LYe4L s1',au �� �.A"Ve. 151-eev, c, AeV1Fd. 044- Pr1av `� // (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? V'.s � e �'v► o LWT 1 7- l'►'1 �+ a WCLO v1yu,/�4- 40 ►'Y�t(�vv► A^ LE Otya�r�rn�i�n� &�fve �a� -----�` "�-p e� �v c.�v.lz. �,rLA , i. ,r c✓e�,� x � 1,•a a ,� e o pYv b 1�,.�•� . 5. What damage or injuries: do you claim resulted? (Give full extent,of injuries or damages claimed. Attach two estimates for auto damage: >.. -cy1acsz. . 5 ly n;►u,.d, a rove I.Ie .l mv»mnkra W.Xhe,1�. . 7. How was the amount"claimed above, computed? - "•(-Include the estimated amount of any prospective injury or damage.) St `� l�l.lr�f - /J Y� 1MA I& - a � I -x. s j' Z ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. ``n 6 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 sigd by the claimant SEND NOTICES TO: (Attorney);,. or some person on ha behalf." Name and Address of Attorney Ate. le) Claimant' Signature Address - �, SO g Telephone No. Telephone No. "7Sif, (olSV * * * . �t * N O T I C E Section 72 of the Penal Code provides.- "Every rovides:"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 botli 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. E Dolt® Glass 149,93 L 101 Railroad Avenue ��Rss Antioch, California 94509 (415) 757-5300 DATE 19hj> NAME ADDRESS PHONE Na JOB LOCATION PHONE NO. INS. CO. QN, / DESCRIPTION AMOUNT l 729 PITTSBURG GLASS CO. CA. CONTR. LIC. 363041 850'E. 110TH STREET / PITTSBURG, CA 94565 / (415) 432-4306 ESTIMATE Date Bak -2V Customer,c c - l o s Insurance: Description of Work:* �76 Vt_) yA S\/� v Estimated by ` t CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JUNE 26 , 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: $ 242 . 5 6 Section 913 and 915.4. Please note ally"Warnings". CLAIMANT: NELSON, Gary M. J0 ATTORNEY: fou, ®8 x9On Date receivedRT`rv'`�U�vsFt ADDRESS: Cho 5340 Lawton Avenue BY DELIVERY TO CLERK ON May 29 , 1994/P Oakland, CA 94618 BY MAIL POSTMARKED: I. . FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5 1990 PPHHIL BATCHELOR, Clerk DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of 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: C / U BY: I S_ /J 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 ORDS 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: JUN 2 6 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect' 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: JUN 2 6 1990 BY: PHIL BATCHELOR by Deputy Clerk If CC: County Counsel County Administrator �� A *.t r' 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 �r�y M 441,5 0 K( j Reserved for Clerk's filin tamp du 5346 Lr VJ_10k( ,AlF, ) �� DIVED 6&KLk L?1Ck_ ggblo Against the County of Contra Costa ) MAY 2 1990 or ) Fy;� CHEIOR CLERK BOA�A OFF STA CO SORS�e u District) Fill in name ) a .. The undersigned claimant hereby makes claim aggainst the County of Contra .Costa or the above-named District in the sum of $ Z�12.5�a and in support of this claim represents as follows: -------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) , -3-qo 1000 ---------------------------------------- ------------------------------------------- 2. Where did the damage or injury occur.- (Include city and county) CLD�c�i c, 00nA ak(iTA: CoSTk C0 0- J�I� aAL Iac - Cv �2 0vsin� --------------------------------------- --------------------------------------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) J_ l 1 l kff L03-C A(,(- CLOTlWJG — COULV k(Or rLC'WCAA� -------------------------=---------- ----------- ---------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Upo k! (r_(106E .W 131.6q,Q i C C,6(i t k(c,.. -T.L . CAAD, J _,. .. ;, over 5. -What are the names of county or district offieers;,, sery;�ts or, errgi;�z��s caring the damage or in jury? M ail diu, A ud-n y RtL'', C"Tb_41 JC1 RUK- 111P9 FrrZti-AS "17009 1�VCMC9&D R(11 qO - (J LP &_ UCk_fF-MR,JG ------------------------------------------------����___o���-- -- 5. What damage or injuries do you claim result; QMH ni 't-Mice.' u `: off' u:r3ies or damages claimed. Attach two estimates for au d e— Wt'& ID 'al SS �� hlZtiec s ---- - --------- - ----------------- 7. How was the amount claimed above computed? (Z fmclbmzdm tt'•aey e ;t 2eaamuixt of any prospective injury or damage.) ' k/E:aKF,T,2 -m P.4vGt-� �Ii✓u�SP�P,��L -AIt�C5�b2f��, 1 79 (Z�cuu- _'O OF � I v� 60S-'S . 8. Names and addresses of witnesses, doctors am& vepu i fS : RF_Crg �120.09 � JPE2 3qq r 0//-------------------------------------- -------------- 9. List the expenditures you made on account dT tabs s rn)t *r, iimjj %'t_y:°SV13 fi t, Z Z�.�S DATE ITEM � ' �_ I 6 31t itl l 31,g5 5) q?--00 x.. Z).5t aRZ G PT_ 1) 5.X15 �) tZ.gS .(w....,. :3y))'', � '._. '7) 8ELt 3�) 4,a5 1) 1q.15 Q Gov. Com Flpr. 9T.00.2-1 prew:ia�, "The clzdm iIpa s t tom: sn"fl. V t fte cu SEND NOTICES 'TO:' •.(Attorney) or by snme _ ovi 13; zaff...'" Name and Address of:<.Attorney CTP2y k(ELS 0 4 ilalimn c(o g4bt5 Telephone No. ( Telephcme Rx- �0& N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defrauC„ r n s; fbr aMowamm, TIT f r payment to any state board or officer, or to .mr cmIMIt-ij cfii ar, dtjs4x-Ba : brmr�d Cr officer, authorized to allow or pay the same r"t' gprmtrm, auW fksz, or, . r�'iuxenft; claim, bill, account, voucher, or writing, is ;AM5._thRMe; e0her tW fmprlzmwent In the county jail for a period of not more than we ye „ bW a flne zf' rmi t. eEceeftng one thousand ($1,000), or by both such impr i - ' ,, air. Ir in the state prison, by a "fine of not exceeding em 'Vam.Y "i dna cr both such imprisonment and fine. U 110 t4 FACIl1'f Yy -R TEN E D E, \ ---�-- A CpSTA NIR NG RvGEIPT 4 - _ `f Y TIME D•0.8.. OKING ' /SKIRT .` :: rT loom— £ 1�► E /BLOUSE tRT a <^ OpT/JACKET T/pt)RSE �, s HA PIONS pRES.S OTHER Y •• gKG OFC � . t - .. � `��s.,.� �w yl.ri,+.'a l " NATURE '`` �G^�',•',� '..°' �3't„}�. INMATE 1 w h c a. ED ALL HAVE or- 7, c F �, jy'u \ 6 j A-.•s t � + t >l^S+ R`� �-li Y ��. ���4 a a i HACE►V . • G y CLOTH TEiN A . Ci- REQ OFC r ' NATURE y� • a i fi: t 1�'s.. � n�� '141 j'?lY t � 'ft bT 3 � .t vF t } - f ; �+ �.,,,f 1?� R•4 ,� ''�r a \ -( � , .�g+L ,'�.'>t� +2>.tt � 5 r r a.r}t fk.�h� r.�r`a� �"a'0."� v '�'+. -n b � � y , '� - a�n 'P�•Y.�"r�- �,, 'et .x3n+.kS � f � r >,✓3 �, �' rrt3 #.1'.n ...sR ,� * RT.,�;,.. t R e T '*.�,A+i --a�` v i -g �"x'�' g'[s1` ,.rks xly 'atw t '� � t �;,�''�b3�'rT, '�i� �7 tfi+,`?-r ' ;,.,.+f' \.`fi 4?"` a ♦ y} t'; ' t ' �3 Jr +•,• T �?.."Pfs .x� � �t!T`� `t M' "we� 1 +. v"ak mr?ti'Yt-'".....-=x t t ev. t a d ..�,tr. ,- �, ___________ ________:2----------------- __--_-- ___________________________________________________________ 05/.1%5/90 14:32 FAX 415 646 2426 CCC RECORDS DETENTION MDF U002/004 t A r, •� -+Ffk '�� J ti;�� f a� ti. c S�`�it 'tyre �ai� �t �, o �.y u ;wi � -Ft�yk' .. s+ a t rn h r 3v,v"� friCtsr,elr wi N�'v y �" t �'�h.3^s ,��t `fit$• 'kp ,?tsl „� ;,S yyl r; .+My f5 Lj.�;y �ydt--._�� s�f�r.., +x'34. khl q-•-� r fes :. ,r }.:. .; .r..,.l .a f ... t f"�.ti•:l ^} ,.0. .-� 5�t saSd�X' 'x- {ih't�?�..a u d^' '.2' z _rx � �� i. ��,��F �r �J!f r s >•r .>t' 'fx f'� � t'I � x H�b?C•8 n a^t ..r. fir., �`� I ,.t. .�_i,>v#�� N: 'l N� ! xr „k r}y'S`Y ♦ w- w� �* .rp >tas- �.rtNt�� . ,yy aV.g - P. c +3 v+ ro 'k-, _ 50 t1—`, f '� IIt•..!Is-..- 't- $�°5.�a��O.P's,'.�y>"?�^�-{f��•R,roi°m t.rJ�1.4a,".N'.vp,"`Y3��iy'c1gJ.: aF.n7 r'' �n AING ..� r . rr c• RECEIPT �` '�tryQq�(���qp, � '�` {gytq,,(� i� p� cry ^. \. /n D V r1 Y[I� v0.�? �rjl ,`�'�.J REC. I V o. 1� � � �t » f'im—moi':' '�� S a", �� DATE $ 1Af $: +.„ y fw p,gg�r� k• N'1�sIFtl t5:�> z„f �. )�. }} i ,_ 6� o.......� ..s +e -- ---- �• Ali .7L ,..L. t zrv.Jftryrv, �+ r maw � � �P A ®n Yawn u y u'OY e l �f _�__._ arc .�s Ilk wK71f�E .r, �. •--� �� ,— -g� �cr � .,fir � ���,. s� k ,r(�-R�!//�ap�1��.+®rPs fT)�FtytZ as` fin ld.�C K E 0 ARF MIN pc9pfl��+ p�q{ Tort £rW 7"-"1"' eq ,"`,p ti `'a�;��,h•�/R7�a 41Sw7 6...� JE *bRf Y -'ia - R` _-�- ....d• kit,:��-r�� `np: ! 5a'` � c :.3'fi2i 1ATERliAvv r. IRTTc}e �C.. 1 1 r1.R .,'y ry�MYb7�4pyt'?vCrF WALLET �lAibLG Y - i Skl M t^r• lc x � L _-r� . M tiy� R W V0 "wv ti.;.iJ' 1: L�r1 i rr iGf ter• `� h"vr>S' ' p t,y;,,i, yw. �. r INCIDENT REPORT * C 'CONTRA' COSTA COUNTY SHERIFF'S- DEPARTMENT INCIDENT- INCIDENT: LOW �/�-af�� FACILITY: � REPORT #: 9O DATE/TIME 1/3/10 DATE/TIME 1�3/g0 LOCATION: AON. OCCURRED: . REPORTED: / o-o a O INMATE: �Z BOOKING #: VI-1Zo 0JASSIGNMENT: -M� Last Firs Middle WITNESSES) -- LIST -- Name - Address If an inmate, give booking #: SYNOPSIS: �E1Src+J�S C�d.0?-I,AJG Cnu,c.4no k(fff- Je- 6&r aj""X NARRATIVE:&CLSep/J is li&UU-> &07- (9"� %,s� WAS &'er Z S W - c ACTION TAKEN/RECOMMENDED: RE RTI G EM OY E # SUPERVISOR # TI NS DIRECTOR # O.D. ROUTING INSTRUCTIONS: White to Facility Manager - Yellow to Booking File - Goldenrod to Inmate By: Pink to Lineup Board Page one of 'L Rev. 3/85 Y M t J t Y�/•� � d'a Q r�� i�Cly 0,oj,46 Ci >- itozCL k,3 � • CLAIM /. 13 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 JUNE 26 , 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: $ 200 . 00 Section 913 and 915.4. Please note all "Wai� �" CLAIMANT: MAC SHATE , Robert L . 0� 19 � ATTORNEY: Date received '1Co4RIkw�U?Skz ADDRESS: 2019 Grant Avenue BY DELIVERY TO CLERK ON May 24 , 1990 0tNinsmittal) Richmond, CA 94553 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5 , 1990 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supe 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: J�jDated; BY: 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). 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. c1 Dated:-UN 2 6 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sects 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited inrthe 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 9 above. Dated: JUN 2 6 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator f . J AIM' TCS BOARD OF SUPERVISORS OF CONTRA CO§T' e urt� �t9tf1g1 appii�ationt0: Instructions to Claimant Cleric of the Board P.O. Box 911 A. Claims relating to causes of action for death or zornin�ury�to$533 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be. filed with the Clerk of the Board of SuAervisors at its office in Room 106 , County _Administration Building, 651 Pine Street, Martinez , California 94553. C. If claim is against a district governed by the Board of Supervisors , rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Pen4l Code Sec. 72 at end o� this form. R.B: Claim by ) Res erved for " ling stamps Arl i Olt C�Ci , t t. . u c c t>rm— Agai.,ast the --'COUNTY OF CONTRA COSTA) MAY 24 1990 ) a— :c Ft1kL BAT�fiElUh or DISTRICT) CLCZRKBOARD Of$U?EBv:S= •ir. 0'STA CO. (Fill in name) ) Deaut B The undersigned claimant hereby makes claim against. the County of Contra Costa or the above-named District in the tum of $ , zntn a.r-1 t'`a and in support of this claim represents as follows : �I 1. -When rid the damage or injury occur? .(Give exact date and hour) ------ -------------------------------- --------------------- Wh- d the damage or, ------------ 2. ere diinjury occur? (Include city and ;county) 3. How did the damage or injury occur (Give full details, use extra sheets if required) ---------------------------'--------------------------------------------- 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) '.:5.:,:•jr ,at! ar.e.:the..names of county or district officers servants or j employees:: causing the damage or injury? ---- - --------------------------------------------------------------- 6 . W-hat---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. ) f K--Ra-m--es ---- and --------------------------------------------- ------------- 8. Names------and addresses of witnesses , doctors and hospitals. -------------------------------------------------------------------------- - . 9 . Lis.t .the expenditures you made on account of this accident or injury: DATE _` I=4 7--MOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NO':ICES TO: (Attorne.`,) or by some Gerson on his behalf. ' Name and Address of 'Attnrney Claimant' s Signature -\_Address 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. " 1. 13 y:• .� 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 JUNE 26 , 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 ) 325 , 000 . 00 Section 913 and 915.4. Please note all "Wa6• ings". CLAIMANT: KOH, Renato and Cecile ���I��® ATTORNEY: KOH, Jenelle A. , cJessica A. and Jason A. cG% Q V 1390 Steven R. Cavalli , Esq . Date received '�►qP;r� cbUr�sR ADDRESS: Gwilliam and Ivary BY DELIVERY TO CLERK ON May 29 , 1990 (`NZd 1401 Lakeside Dr. , Ste . 800 delivered) Oakland, CA 94612 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5 , 1990 PpHHIL BATCHELOR, Clerk DATED: 8Y: Deputy I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. lit ) 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: Tom/�1Q 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 of the Board's Order entered in its minutes for this date. Dated: JUN 2'6 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect' 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez; California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant g as shown above. Dated: JUN 2 6 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �r 4W NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: St n R. Cavalli, Esq. Gwilli and Ivary 1401 Lakes Dr. , Ste. 800 Oakland, CA 9 2 Re: Claim of RENATO AND CECILE KOH 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 Deputy to ty Counsel CERTIFICATE OF SERVICE BY MAI C.C.P. 99 1012, 1013a, 2015 .5; Evid. C. SS 641 , 664 My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 9.4553, 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: LQ1\'� 016 at Martinez, California. r cc: Clerk of the Board 9(f Supervisors (o 'ginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 . 4, 910. 8) CLAIM AGAINST COUNTY OF CONTRA COSTA i (a) NAME AND ADDRESS OF CLAIMANTS: i Renato and Cecile! Koh (and their children: Jenelle A. Koh, Jessica A. Koh, and Jason A. Koh) 13327 Woodbrook Circle Garden Grove, CA 92644 �'L^ ` - D (b) SEND ALL NOTICES T0: A9aY 2 9 1990 Steven R. Cavalli,, Esq. 1;45- f-'" Gwilliam and Ivar f1+tt BATCHELOR Y ueQK seAW o 5uYAn -�soas 1401 Lakeside Dr. , Suite 800 s � cor,Tt2A� ST co De ut Oakland, CA 94612 (c) DATE OF OCCURRENCE: January 6, 1990 PLACE OF OCCURRENCE: Intersection of Tara Hills Drive and Limerick Road, City of Pinole, California CIRCUMSTANCES OF OCCURRENCE: i Claimant Renato Koh was driving his 1988 Mitsubishi van northbound on Limerick Road, leaving the Garrity Ridge Development. There wasno stop sign or other traffic control for traffic traveling northbound on Limerick Road. Mr. Koh slowed as he entered the intersection and, as he proceeded through the intersection, the van he was driving was struck by a Dodge truck driven by Mr. James Alexander Philip. The intersection constituted a dangerous condition of public property as that term is defined by Government Code § 835 in that there were no traffic controls present for northbound traffic on Limerick Road when there should have been, nor were there any warnings. The County of Contra Costa was further careless and negligent in failing to see to it that a stop sign was placed at the aforementioned intersection to control traffic traveling northbound on Limerick Road. Plans submitted to the city by the developers of Garrity Ridge Development provided for the placement of a stop sign at the aforementioned intersection for the purpose of controlling traffic northbound on Limerick Road. i ,f The County of Contra Costa knew, or should have known, that this intersections, which was within an unincorporated area of the County,constituted a dangerous condition of public property as defined by Government Code Section 835 and yet failed to protect against or warn motorists of said danger. (d) GENERAL DESCRIPTION OF INJURY, DAMAGE OR LOSS INCURRED: The total extent of the damages and injuries are unknown at this time. Cecile Koh sustained very severe injuries to her back which required a lengthy hospitalization at John Muir Hospital in Walnut Creek where she underwent two surgeries. A third surgery is currently contemplated and she has not yet returned to work and it is questionable whether she will ever be able to return to work. Renato Koh sustained very severe facial injuries requiring plastic and reconstructive surgery and he also sustained injuries to his back. The three Koh children who were in the vehicle were severely traumatized bylthe accident, although it appeared at this time that they sustained no serious physical injuries. The total amount of medical expenses and lost wages are unknown at this time. (e) AMOUNT OF CLAIM AND BASIS OF COMPUTATION: $2, 000, 000 as to Cecile Koh based on the severity of her injuries to date; $250, 000 as to Renato Koh based on the severity of his injuries as are known to date; $25, 000 as to each of the Koh children listed above, based on the severity of their injuries as far as known to date. (f) BASIS OF CLAIM: The intersection in question was dangerous and the County of Contra Costa knew or should have known that it presented a dangerous condition due to the lack of traffic controls and warning signs at same. DATED: May 1990 Receipt of a copy of the within claim is hereby acknowledged this day of 1990. CLAIM /. /3 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 JUNE 26 , 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: $95 . 00 Section 913 and 915.4. Please note all "WarDings". CLAIMANT: FIGUEIREDO, Beverly J01 ATTORNEY: couNr ®� 1990 Date received *Rr/N COONS ADDRESS: 1717 Canyon Village Circle BY DELIVERY TO CLERK ON May 24 , 1990 I�tA San Ramon, CA 94583 d elivere BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 5 1990 HHIL BATCHELOR, Clerk DATED: BPpY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors �y ) 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: G r/ `�(� BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORD By unanimous vote of the Supervisors present ( 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. r1 Dated:—JUN 2 6 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code secti 3) 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: JUN 2 6 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, 19879 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 77 � Against the County of Contra Costa ) [AAY 2� 1990 or ) ir:-4-0 11" PH!-,RAiCHRO? District) CL[o^K s0-0-RD Or SLRERLs0 : CO:TRA.COSTA CO Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum ,of $ QL CZ:t (' and in support of this claim represents as follows car cLLO n l. . When did the damage or,injury occur? (Give exact date and hour) CW _________________-________________________________ 2. Where did the damage , ,or'injury occur? (Include city and county) Cf -- C1�1_J - ---------- --------- _V_ -------t-4------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if _ required)) 44% r-h SES 55 ors l n Mq� CL l9C) N ► � ------------------------ 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? 5h" l _ ____ 6. 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.) f L--f 1--Qj- 6-qP�LCf=- -e--5----t�- 8. Names and addresses of witne ses, doctors and hospitals. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO:. (Attorney) or by some person on his behalf." Name and Address of Attorney Clai t Signature Call \I U' Ci(dAddr ss w 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.