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Home My WebLink AboutMINUTES - 06051990 - 1.35 r P. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the'Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JUNE 5, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT: BRANUM, Wilna L. 4AY 1 1990 ATTORNEY: David R. Fischer, Esq.- Cox, sq.Cox, Garrett & Lally Date received Martinez; CA L04553 ADDRESS: A Professional Corporation BY DELIVERY TO CLERK ON May 2, 1990 P.O. Box 111 Martinez, 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. GATED: May 4 1990 JVIL BATCHELOR, Clerk , : Deputy L �� II. FROM: County Counsel TO: Clerk of the Board of ervisors 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: rs/ /g o BY: I" �. - Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORD R: By unanimous vote of the Superviscrs present ( This Claim is rejected in full . ( ) Other:. I certify that this is a true and correct copy o.f the Board's Order entered in its minutes for this date. Dated: JUN 5. 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section4W) 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 1 1 1917U BY: PHIL BATCHELOR by Deputy Clerk ` _17 L111 CC: County Counsel County Administrator I JAMES E. COX DAVID R. FISC 2 COX, GARRETT & LALLY A Professional Corporation 3 Court & Mellus Streets Post Office Box 111 4 Martinez , California 94553 Telephone: (415) 228-7300 5 Attorneys for Claimant 6 W I LNA- L. BR.ANU\4 7 8 BOARD OF SUPERVISORS -- COUNTY OF CONTRA COSTA 9 10 In Re: Claim By ilv 11 WILNA L. BRANLM, ) CLAW ,.i.y'( 1990 12 v • rF:;,I.ATCKELGR CL_RX BOAD k,t UPFAV!SORS 13 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY ) —�- 14 ------------------------------) .15 The undersigned claimant hereby makes claim against the 16 Contra Costa County Redevelopment Agency. Pursuant to Government 17 Code §910 , claimant makes the following representations in support 18 of this claim: 19 (a) The name and post office address of the claimant is as 20 follows: Wilna L. Branum, 1413 Stonehedge Drive , Pleasant Hill , 21 California 94523 . 22 (b) The post office address to which the person presenting 23 the claim desires notices to be sent is as follows : David R. 24 Fischer , Esq . , Cox, Garrett & Lally , A Professional Corporation, 25 P.O. Box 111 , Martinez , California 94553 . 26 27 28 -1- 1 (c) The date, place and other circumstances of the occurrence 2 or transaction which gave rise to the claim asserted are as follows: 3 By grant deed recorded on July 5 , 1989 , claimant conveyed Contra 4 Costa County Assessor Parcel Number 148-201-006 to the Contra Costa 5 County Redevelopment Agency. Said grant deed was executed pursuant 6 to an option agreement entered into between claimant and Parkford 7 Management Co . , Inc. , a California corporation, on August 20 , 1986 . 8 Said option with Parkford Management Co . , Inc . provided for a 9 purchase price of $25 . 00 per square foot for claimant ' s 10 , 000 10 square foot lot , for a total purchase price of $250 , 000 . 00 . Said 11 agreement also contained the following clause: 12 " if anybody is given money that amounts to more than $25 . 00 per square foot of land area then in that event 13 the purchase price herein shall be adjusted to reflect the same amount . " 14 15 (Said option is attached hereto as Exhibit "A". ) 16 On August 15 , 1988 claimant wrote a letter to the Contra 17 Costa County Board of Supervisors and the Contra Costa County 18 Redevelopment Agency , in which claimant stated , in part , the 19 following: 20 "I had a clause added to my contract stating that if anyone received more than I had been offered , that I 21 would also get the larger amount for my land. Please see that that is honored . . . " . 22 23 On or about February 10 , 1989 Parkford Management Co . , Inc. , 24 obtained an option from Genevieve M. Maloney (attached hereto as 25 Exhibit "B") , to purchase Contra Costa County Assessor Parcel 26 Number 148-202-042 . Such option provided for the Maloney parcel 27 to be purchased for the sum of $600 , 000 . 00 . According to a land 28 -2- I survey performed for the Contra Costa County Redevelopment Agency 2 by .Aliquot Associates of Alamo, California , the Maloney parcel 3 contained an area of 12 , 373 square feet , making the purchase price 4 $48. 49 per square' foot . .(See engineering calculations attached 5 hereto as Exhibit. "C", and map attached hereto as Exhibit "D" , 6 verifying the square footage calculations for the Maloney parcel . ) 7 On February 28, 1989 Jim Kennedy, Deputy Director- 8 Redevelopment , wrote a letter to claimant advising, in part , that 9 claimant ' s option agreement would be assigned to the Contra Costa 10 County Redevelopment Agency. Such letter further advised: 11 "This is being done so that all property owners would be able to take advantage of tax benefits that occur 12 when property is 'purchased by a public Agency." 13 In addition, said February 28, 1989 letter from Jim Kennedy 14 also stated that the Agency would do an appraisal of claimant ' s 15 property and would exercise the options by paying the higher of 16 the option price or the appraised value . The Agency ultimately 17 paid claimant $280 , 000 . 00 , being the appraised value rather than 18 the option price. 19 At some time prior .to June 1 , 1989, the Maloney option was 20 exercised. A .deed -from Maloney to the Redevelopment Agency was 21 recorded on June 1 , 1989 in. Book 15106 of Official Records at Page 22 929 (approximately one month prior to the recordation of claimant ' s 23 deed to the Redevelopment. Agency) . The owners of the Maloney 24 parcel were paid the option price of $600 , 000 . 00 . Claimant first 25 learned of the terms of the Maloney transaction on March 26 , 1990 . 26 Both claimants property and the Maloney property were 27 acquired forassemblage purposes within Area 3 of the Pleasant 28 -3- 1 Hill BART Station Specific Plan Area. 2 In view of the clear language of claimant ' s option agreement 3 (which was specifically disclosed to the Redevelopment Agency) , 4 and the transaction consummated with the owners of the Maloney 5 parcel , the purchase price under claimant ' s option agreement was 6 $484 , 900 . 00 . Because claimant has been paid $280 , 000 . 00 , there 7 is the sum of $204 , 900 . 00 still due from the Redevelopment Agency 8 under the contract , as compensation for the taking of the claimant ' s 9 property. Furthermore , claimant is entitled to her attorney' s 10 fees expended in regard to this matter , pursuant to Paragraph 20 11 of her option agreement . 12 (d) A general description of the indebtedness , obligation, 13 injury, damage or loss incurred so far as it is known at the time 14 of presentation of this claim, is as follows: See (c) above. 15 (e) The name or names of the public employee or employees 16 causing the injury, damage, or loss , if known, is as follows : 17 Insofar as claimant is presently advised , and without limitation 18 as to further discovery of facts , the employee is James Kennedy, 19 Deputy Director - Redevelopment . 20 (f) Amount of claim: The amount claimed pursuant to this 21 claim exceeds ten thousand dollars ($10 , 000 . 00) . Jurisdiction 22 over this . claim rests in the Superior Court . 23 Date : April *3O, 1990 COX, GARRETT & LALLY A Professional Corporation 24 25 . By 26 AVID R. FISCHER Attorneys for Claimant 27 28 -4- OPTION AGREEMENT Preamble This Agreement made this — g � day of /�q�• , 1'986, at Walnut Creek, California, by Wilna L. Branum, hereinafter collectively referred to as "Optionor(s) ," and Parkford Management Co. , Inc. , a California Corporation, hereinafter referred to as "Optionee." Recitals WHEREAS, Optionor(s) are the owners of certain real property situated in Contra Costa County, hereinafter referred to as "the Property," commonly known as 151 Elena Drive, Walnut Creek, California, and more particularly described in Exhibit "A" which is attached hereto and by this reference made a part hereof; and WHEREAS, Optionor(s) desires to grant and Optionee desires to acquire the exclusive right to purchase, without becoming obligated topurchase, the property at an agreed price and under specified terms and conditions; NOW THEREFORE, it is agreed as follows: Grant 'of Option 1. Optionor(s) hereby grant to Optionee the exclusive right to purchase the Property at a price and under the terms and conditions set forth herein. 1ry ETCH I B IT A Option Period 2. This option shall commence on the;O—Aay of 1986 at /0:51 amfInw-and continue until the ?day of 1987 at /e'.,lr am/gamunless extended as herein provided for. Consideration 3. This option is granted in consideration of Optionee's payment to Optionor(s) of the sum of $250.00 payable in cash or by Optionee's check drawn to the order of Optionor(s), subject to collection, receipt of which is hereby acknowledged. Application of Consideration to Purchase Price 4. If this option or any extension hereof is exercised in accordance `. with its terms, then credit shall be given to Optionee for the consideration paid Optionor(s) by Optionee for this option and for any extension hereof against the purchase price. Retention of Consideration. 5. In the event this option or any extensionhereof is not exercised, all sums paid to Optionor(s) by Optionee ,shall be retained by Optionor(s) in consideration of the granting of this option. Exercise of Option 6. At any time prior to the expiration of this option or of any extension hereof, Optionee may exercise this- option by execution and tender to Optionor(s) of an instrument in the form of Exhibit 2 "B" attached hereto and by this reference made a part hereof. Optionors) shall then immediately execute and deliver to Optionee an executed copy of the instrument. Assignment 7. It is acknowledged, agreed .and understood iby Optionor(s) and Optionee that this Option was entered into with the understanding that, Optionee would use reasonable efforts to assign its rights hereunder to the County of Contra Costa Redevelopment Agency (the "Agency") so that the Agency, not Optionee, would .ultimately exercise this option. This is a material consideration for entering into this Agreement. In the event that Agency refuses. Optionee's written offer of assignment, and Optionee, rather than Agency, exercises this option and Optinor is thereby unable to preserve it.s Proposition 13 real estate tax base, or in the event that the county assessor finds that the exercise of option by the Agengy does not operate to preserve Optionors) Proposition 13 real estate tax base, Optionee agrees to pay to Optionor(s) the sum of Thirty Thousand Dollars ($30,000.00). This sum is in addition to the purchase price for the Property set forth in paragraph 10 of this Agreement, and is due and payable at close of escrow. Failure by Optionee to make a written offer of assignment to Agency shall be a material breach of this Agreement. It is agreed that an assignment of this option to Agency would be for the purpose of preserving Optionor's Proposition 13 real estate tax base. There is no expectation of receiving other benefits, such as relocation costs and Optionor(s) expressly releases Optionee and Agency from any obligation to Optionor(s) for relocation expenses. 3 ( Rights to Extend 8. Optionor(s) further grant Optionee the right to extend the original option period for two consecutive one-year periods. Said right may be exercised by Optionee by notice thereof and tender of the consideration discussed below to Optionor(s) , on or before the expiration date of the original option period or a prior extension thereof. Consideration for Extension 9. If Optionee exercises his right to extend the option period, it shall pay to Optionor(s) for each such annual extension the sum of $500.00 for the period from the - day ofi�1987 through the 21!7�y of� ,1988 at /,I. am/wand $1,000.00 for the period from the ��"�day of �r 1988 through the 7 0 ay 01)6�-, 1989 at 0.''/ am/p Purchase Price 10. Optionee and- Optionor(s) hereby agree that the purchase price for purchase of the Property is Two Hundred Fifty Thousand Dollars ($250;000.00) . Payment shall be made in accordance with Exhibit B. Optionee and Optionor(s) further agree that Optionee is acting as a real estate broker for Optionor(s) and that Optionee owes Optionor(s) a fiduciary duty., Optionor(s) agrees to pay to Optionee, pursuant to Exhibit B, 6% of the purchase price as compensation for Optionee's broker services, in the event that the option is exercised. Optionee agrees that any amounts received for j 4 the Property exceeding the above mentioned purchase price shall accrue to and be given to Optionor(s) . Automatic Termination 11. If Optionee fails to exercise this option in accordance with its terms and within the -option period or any extension hereof, then this option and the rights of Optionee, including all rights to any future extensions, shall automatically and immediately terminate without notice. Thereafter, Optionee shall properly execute, acknowledge, and deliver to Optionor(s) within 30 days of request therefore, a quitclaim deed or such other document as reasonably may be required by a title insurance company. to verify the termination of this Agreement. Disclosure 12. Optionor(s) hereby understands and acknowledges that (i) the sole shareholder of both The Fordiani Co. and Parkford Management Co., Inc. is Richard R. Fordiani, (ii) Parkford Management Co. , Inc. has acquired and is acquiring other options to purchase real property adjacent to and in the area of the Property (the "Assembled Property") , for the purpose of developing the Property and the Assembled Property, (iii) Parkford Management Co. , Inc. and/or Richard R. Fordiani, individually, intend to develop or to enter into a joint venture, partnership or other business entity with other persons or entities to develop the Property and the 5 Assembled Property or alternatively to sell the Property and the Assembled Property. "Assembled Property" Option Extension or Exercise 13. Optionee hereby acknowledges and agrees that it is Optionor's intent in granting this Option that the Property not be isolated or separated from the other properties of the "Assembled Property", and that this is a material inducement for entering into this Agreement. Therefore, Optionee hereby expressly agrees that in the event Optionee extends any one option for F►ny property in the "Assembed Property", Optionee shall also extend this option. Optionee further agrees that in the event Optionee exercices any one option for any property in the "Assembled Property", Optionee shall also exercise this option. For purposes of this paragraph, the "Assembled Property" shall be deemed to mean any and all property .located in Estrella Rancho, commonly known as Elena Drive, Elena Court, and Juana Court, Walnut Creek, California. Assignability of Option 14. Optionee may, at its sole discretion, assign this Agreement. Optionor's Representations and Warranties 15. Optionor(s) represents and warrants that there are no leases or tenancy agreements which have terms longer than thirty (30) days or which have a termination notice provision longer than thirty (30) days. Optionor(s) is fully aware that Optionee is relying on these 6 �. representations and warrants as a material inducement for entering into this Agreement and hereby agrees to indemnify and hold Optionee harmless from and against any and all claims, demands, losses, damages, liabilities, lawsuits and other proceedings, judgments and awards and costs and expenses (including but not limited to reasonable attorney's fees) that it may suffer as a result of any inaccurancy (which term includes misleading, deceptive and incomplete statements) in the statements certified in this paragraph. New Lease or Tenancy Agreements 16. In the event the option period is extended by Optionee, Optionor(s) agrees not to enter into any lease or tenancy agreement which has a term longer than thirty (30) days or with a termination notice provision longer than thirty (30) days during the pendency of this Agreement. Notices 17. Unless otherwiseprovided herein, any notice or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed as set forth below, but each parity may change his address by written notice in accordance with this paragraph. 7 To Optionor(s) : Wilna L. Branum 151 Elena Drive Walnut Creek., CA 94596 To Optionee: Parkford Management Co. , Inc. 1660 Olympic Blvd. , Suite 211 Walnut Creek., CA 94596 Tender 18. Unless otherwise provided herein, any tender of payment to be made hereunder shall be by personal delivery to Optionor(s) at the address set forth in paragraph 17 or at any other place mutually agreed upon by Optionor(s) and Optionee. Entire Agreement 19. This instrument contains the entire Agreement between the parties relating to the option herein granted. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing,. signed by the party to be charged. Attorney's Fees 20. In the event of any controversy, claim, or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees in such litigation which shall be .determined by the court in such litigation or in a separate action brought for that purpose. 8 Binding Effect 21. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. Execution IN WITNESS WHEREOF, the parties hereto have executed this Option. Agreement the day and year first above written. OPTIONOR(S) Wilna L. Branum Date Time OPTIO EE P rkford Manefneiat 06. , Inc. D E e Time y Richard R. Ford ni, President ' g EXHIBITA Wilna L. Branum 1 Lot 36, as shown on the map of Tract No. 539-2, Estrella Rancho - Unit No. 2, filed March 12, 1954 in Book 53 of Maps, at Page 15, in the office of the Recorder of Contra Costa County. C 10 s' ;, •i .(HER)No Carbon Nwded RESIDENT&O iCHASE AG REEMENT AND I&T RECEEX HIBIT B RECEIVED FROM......PtrkfordCoTnc. hereinafter designaled as PURCHASER.the sum of S...2..000..00.................I..................................................(DOLLARS) . Fenced by ❑ Cash, Q Personal Check payable to..the.Title.CO....., ❑ Cashier's Check❑ Other:.............•.. I fiouEr��,,�,��0°5ited uust upon acceptance of this offer,as deposit on account of the PURCHASE PRICE of 11250.000.00..(Two.Jlundred..Fifty... u.'VOt:LARS) for the real property situated in the City of....1Jalnut.Creek.............Canty d....Contra.Coal:a.......,State of....California.., desr.rded as:A S.1..Elena.Drive................................................... upon the(following TERMS and CONDITIONS: 1. DEPOSIT INCREASE. The deposit shall be increased to S.5.,000..00...................within...30...days from acceptance,evidenced by Cash 2. PRORATIONS. Rents,taxes,interest and other expenses of tie property to be prorated as of tie date of recordation of tae deed Security deposits,advance rentals, or considerations involving future lease credits shall be credited to Purchaser. �. 3. CLOSING. On a before............or within...90...days from acceptance,whichever is later,loth parties shall deposit with an authorized escrow holder all funds and instruments necessary to complete the sale In accordance with the terms hereof.Thereafter any party,ncludirq Agent,may disclose the terms of sale.The representations and warranties Wain shall not be terminated by conveyance d the property.Esuow lee to be paid by .....Buyer............................ 4. OCCUPANCY. Possession shot be delivered to Purchaser(check either Item 11J or/21): E2 1. Upon recordation of to deed ❑2.After recordation,but not later than midnight of......................:. Unless Seger has vacated the premises prior to recordation Seller shalt pay Purchaser ................. per day from recordation to date of possession and leave in escrow a sum equal to the above pry diem amort multiplied by the number of days from date of closing to date allowed for delivery of possession Said an to be disblxsed to the persons entitled dweuon the data possession is delivered 5. EVIDENCE OF TITLE In the form of3 a policy of title insurance,❑other:.......................... to be paid for by .Buyer............., 6. EXAMINATION OF TITLE.Fifteen(15)days from date of acceptance hereof are allowed the Purchaser to examine the title to the property and to report in writing any valid objections thereto.Any exceplions to the title which would be disclosed by examination of the records shall be deemed to have been accepted unless reported in vrtitlnq within said 15 days.It Purchaser objects to any exceptions to the title,Seller shall use due diligence to remove sur'.h exceptions at Ms own expense before close of escrow.Burl it such exceptions cannot be removed before close of escrow,all rights and obligations hereunder may,at the"lion of the Purchaser,terminate and and.and Ne deposit shall be returned to Purchaser,unless he elects to purchase the property subject to such exceptions. T. ENCUMBRANCES. In addition to any encumbrances teleried to herein.Purchaser shag take title to the property subject to (1)Real Estate Taxes not yet due and (2)Covenants,conditions,reSlfKtlons,righls•of-way and easements of record,If any,which do riot materially affect the value or intended use of the property.The amount of any bond our assessment which Is a lien shall be❑paid.0 assumed by......Buyer..(none.Current ly.exists.)........................ . S.,FIXTURES. All items permanently attached to the properly including attached floor coverings.draperies with hardware,shades,blinds,window and door screens, storm sash,combination doors,awnings,light fixtures,TV antennas,electric garage dos openers,outdoor plants,and trees,are included free of liens. 9. PERSONAL PROPERTY. The following personal property,on the premises when inspected by Purchaser, is included in the purchase price and shalt be translerred to Purchaser by a Warranty Big of Sale at close of escrow.No warranty is krVW as to the condition of said property:...Ncuie..................... ....................................................................................................................................... 10. MAINTENANCE. Seller covenants that the heating,air-conditioning(if any),electrical,sewer,citainage,sprinkler(il any)and plumbing systems including the water healer,as well as buil)-in appliances and other mechanical apparatus shall be in normal working order on the date occupawy is delivered Seller shall replace any cracked or broken glass including windows,mirroM shower and tub enclosures.Until occupancy Is delivered Seller shall maintain existing landscaping,grounds and pod(if any). following items are specifically excluded from the above: ..... None NOTICES. By acceptance hereof.Seger warrants that he has no notice of violations relating to the property,from City,County,or State agencies. 12. PROVISIONS ON THE REVERSE SIDE. The provisions checked below are included in INS agreement on the reverse side. A Post Control Insp.paid by ............. ....F. City and County Inspections ....IL VA Appraisal Clause 8. Existing Pest Contr.Report dated ....... ....G. Condominium Disclosure ....L FHA Appraisal Clause By ............................... ....H. Home Protection Contract paid ....M. Smoke Detectors,provided by.......... C. As is.but subject to Buyer's approval by................................ ....N. Flood Hazard Zone D. Waiver of Pest Control Inspection ....I. Maintenance Reserve a(S............. ....0. Contingent upon the sale of............ E. Rool Inspection J. Inspection of Physical Condition .................................. 13. ACCESS TO PROPERTY. Seller agrees to provide reasonable access to the properly to Purchaser,inspectors and appraisers representing Purchaser. 14. DEFAULT. In the event that Purchaser Shall default in the performance of this agreement,unless the parties have agreed to a provision for liquidated damages,Seller may,subject to any rights of the agent herein,retain Purchaser's deposit on account of damages sustained and may lake such action as he deems appropriate to collect such additional damages as may have been actually sustained,and Purchaser shall have the right to take such action as he deems appropriate to recover such portion of the deposit as may be allowed by law.In the event that Purchaser shall so delault,unless Purchaser and Seller have agreed to liquidated damages,Purchaser agrees to pay to the brokers entitled thereto such commissions as would be payable by Seller in the absence of Such default Purchaser's obligation to said brokers shall be in addition to any rights which said brokers may have against Seller in the event of default.In the event legal action is instituted by the broker or any party to this agreement to enforce the terms of this agreement,or arising out of the execution of this agreement or the sale,or to collect camissions,the prevailing party shag be entitled to receive from the other party a reasoname attorney fee to be determined by the tout in which.such action Is brought 15. EXPIRATION. This otter Shall expire unless a copy hereof with Seller's written accept&=is delivered to Purcha.;ar or his Agent within....NIA...... days. 16. TIME. Time is of the essence of this agreement. 17. Additlonal TERMS and CONDITIONS: I All Cash rn RA11pr at close of I If anyhndy, ia gimp n mnnp3r that amntlnta to mnrp than X95 nn Per_Cnnnrp feint- of land area then in that event the Purchase price herein shall be adjusted to reflect the same amount. 4 owner shall not be required to vacate the premises oth r than during the months of July and Auglrat The undersigned Purchaser has read both sides of this agreement and acknowledges receipt of a copy hereof.Purchaser acknowledges further that he has not received or retied upon any statements or reprosentatlons by the undersigned Agent which are not herein expreswG. ............................................... Real Estate Company DATED:.......................... TIME:.......................... By......................................................... Agent ........................................................ Plrchaser Broker's lnibals:...................... Dated: ...................... ........................................................ Purchaser ACCEPTANCE Seller accepts the foregoing otter and agrees to sell the herein described properly for the price and on the terns and conditions herein specified ,—COMMISSION. Seller hereby agrees to pay 10 ...Tba.Ford iani..Company.....................................the Broker in this transaction. Cash from proceeds at close of escrow,for services rendered: ...su.p.eT.cent...(6%)..of.Lbla.purchase. Pri.ce,..................... In the event that Purchaser defaults and fails to complete the sale,the Broker shall be entitled to receive one-half of Purchaseys deposit,but not more than the commission earned,witnoul prejudice to Broker's rights to recover the balance of the commission Iran Purchaser.The mutual rescission of this agreement by Purchaser and Seller shall not relieve said parties of their obligations to Broker hereunder.This agreement shall not limit the rights of Broker provided to in any listing or other agreement which may be in effect between Seller and Broker,except that the arrant of the conmrsegn shag be as;specified herein The undersigned Seller hereby ecknowMdges receipt of a copy hereof. ' DATED:.......................... TIME:..................:....... ............................................... Real Estate Company ........................................................... Seger .......................................I................... Seller By ............................... PROINIraea TORY 101 IltiZ O LDrreGMT tan aY KaEs&oaAl rULLzsruai CDW. IL MIx.De11E sous aKwEl G Wm ALLaKrrTs I[aEINED ®MORaalOair OOae0aa110e r OPTION AGREEMENT Preamble This Agreement made this /� `a y of 1989 at Walnut Creek, California, by Genevieve M. Maloney, as Trustee for the Genevieve M. Maloney Survivor's Trust, as to an. undivided one-half interest, and GENEVIEVE M. MALONEY, as Trustee for the Edward S. Malone Residual Trust, as to an undivided one-half interest, hereinafter. collectively referred to as "Optionor," and Parkford Management Co. , Inc. , a California Corporation, hereinafter referred to as "Optionee." Recitals WHEREAS, Optionor is the owner of certain real property situated in Contra Costa County, hereinafter. Feferred to as "the Property," commonly known as 3146 Buskirk Avenue, Walnut Creek, California, and more particularly described in Exhibit "A" which is attached hereto and by this reference made a part hereof; and WHEREAS, Optionor desires to grant and Optionee desires to acquire the exclusive right to purchase, without becoming obligated to purchase, the property at an agreed price and under specified terms and conditions; NOW THEREFORE, it is agreed as follows: Grant of Option 1 . Optionor hereby grants to Optionee the exclusive right to purchase the Property at a price and under the terms and conditions set forth herein. 1 EXHIBIT B Option Period 2. This option shall commence on the c- day of .nom 1989 at G and continue until the�� day of , j�'��_, 1989 at unless i extended as herein provided for.. Consideration 3. This option is granted in consideration of Opr_ionee's payment to Optionor of the sum of $1 ,000.00 payable in cash or by Optionee's check drawn to the order of Optionor, subject to collection, receipt of which is hereby acknowledged. Application of Consideration to Purchase Price 4. If this option is exercised in accordance with its terms, then credit shall be given to Optionee for the consideration paid Optionor by Optionee for this option against the purchase price. Retention of Consideration 5. In the event this option is not exercised, all. sums paid to Optionor by Optionee shall be .retained by Optionor in consideration of the granting of this option. Exercise of Option 6. At any time prior to the expiration of this option or of any extension hereof, Optionee may exercise this option by execution and tender to Optionor of an instrument in the! form of Exhibit ."B" attached hereto and by this reference made a part hereof. Optionor 2 shall then immediately execute and deliver to Optionee an executed copy of the instrument. Automatic Termination 7. If Optionee fails to exercise this option in iaccordance with its terms and within the option period, then this option and .the rights of Optionee, shall automatically and immediately terminate without notice. Thereafter, Optionee- shall properly execute, acknowledge, and deliver -to Optionor within 30 days of request therefore, a quitclaim deed or such other document as reasonable may be required by a title insurance company to verify the termination of this Agreement. Disclosure 8. Optionor hereby understands and acknowledges that (i) the sole shareholder of both The Fordiani Co. and Parkford Management Co. , Inc. is Richard R. Fordiani, (ii) Parkford Management Co. , Inc. is acquiring other options to purchase real property adjacent to and in the area of the Property (the "Assembled Property") , for the purpose of developing the Property and the Assembled Property, (iii) Parkford Management Co. , Inc. and/or Richard R. Fordiani, individually, intend to develop or to enter into a joint venture, partnership or other business entity with other persons or entities to develop the Property and the Assembled Property or alternatively to sell the Property and the Assembled Property. 3 Assignability of Option 9. Optionee may, at its sole discretion, assign this Agreement. • Optionor's Representations and Warranties 10. Optionor represents and warrants that there are no leases or tenancy agreements which have terms longer than thirty (30) days or which have a termination notice provision longer than thirty (30) days. Optionor is fully aware that Optionee is relying on these representations and warrants as a material inducement for entering into this Agreement and hereby agrees to indemnify and hold Optionee harmless from and against any and all claims, demands, losses, damages, liabilities, lawsuits and other proceedings, judgments and awards and costs and expenses (including but not limited to reasonable attorney's fees) that it: may suffer as a result of any inaccurancy (which term includes; misleading, deceptive and incomplete statements) in the statements certified in this paragraph. New Lease or Tenancy Agreements; 11 . Optionor agrees not to enter into any lease or tenancy agreement which has a term longer than thirty (30) days or with a termination notice provision longer than thirty (30) days during the pendency of this Agreement. 4 Notices 12. Unless otherwise provided herein, any .notice, tender, or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of 72 hours from mailing. Mailed notices shall be addressed asset forth below, but each party may change his address by.written notice in accordance with this paragraph. ;w To Optionor: Genevieve M. Maloney, Trustee 3227 Burton Court Lafayette, CA To Optionee: Parkford Management Co. , Inc. 1660 Olympic Blvd. , Suite 211 Walnut Creek, CA 94596 Entire Agreement 13. This instrument contains the entire Agreement between the parties relating to the option herein granted. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Attorney's Fees 14. In the event of any controversy, claim, or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and 5 for attorney's fees in such litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose. Binding Effect 15. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. Execution IN WITNESS WHEREOF, the parties hereto have executed this Option Agreement the day and year first above written. OPTIONOR SA Genevieve( M./14aloneyA Trustee Dade Time ' OPTIONFE xx 61(1� Pav ford Management/Co. , Inc. Da /, Time by Richard R. Fordiani, President 6 EXHIBIT A Genevieve M. Maloney, Trustee A portion of the Ranch Las Juntas, described as foI.lows: PARCEL ONE: Beginning at a point on the eastern line. of the. parcel of land described in the Director's Deed from the State of California to Irvin Deutscher, et ux, recorded May 20, 1957 in book 2984 of Official Records at page 324 , said point being the northeastern corner of the parcel of land described in the deed from Irvin Deutscher, et ux, to Bert E. Dawe, et ux, dated May 29, 1957 and recorded May 31 , 1957 in book 2991. of Official Records at page 62; thence from said point of beginning, north 830 18' 24" west along the northern line of said Dawe parcel (2991 OR 62) , 67.03 feet to the western line of said Deutscher parcel (2984 OR 324) ; .thence along the exterior lines of said Deutscher parcel as follows: Northerly, along the arc of a curve to the left with a radius of 580 feet, an arc distance of .169.33 feet; south 890 21 ' 22" east, 65.94 feet; north 890 59' 18" east, 19.99 feet; and south 60 41 ' 36" west , 177 feet to the point of beginning. PARCEL TWO: An easement for sanitary sewer, together with the right of ingress and egress for the purpose of installation and maintenance thereof, over, under, along and across a strip of land 5 feet in width, the western line of which is parallel with and 5 feet westerly, measured at right angles from the eastern line thereof, said eastern line being described as follows: Beginning at the northeastern corner of the parcel of land described in the deed from Irvin Deutscher, et ux, to Bert E. Dawe, et ux, dated May 29, 1957 and recorded May 31 , 1957 in book 2991 of Official Records at page 62; thence from said point of beginning south 60 41' 36" west, along the eastern line of said Dawe parcel (2991 OR 62) , 60 .feet. The northern terminus of said 5 feet in width strip being the northern line of said Dawe parcel (2991 OR 62) and the southern terminus of said .5 feet in width parcel being_ a line having a bearing of north 830. 18' 24" west. 7 ' ;1'OClrbcnhrrrlrrl COMMER L PURCHASE AGREEMENT AND DEPO RECEPNIg1T B Ei:EI'1ED FROM................._............Parkfordageme.n.�...�°�'P.a.�?.Y.:....Inc..-----•--..—..-- -- _..._.............................................--------- .........................................................................................._._._............................_...._...._.._....----..._...._....-------------......_.._...........,hereinafter designated as PURCHASER, tae sum of 5...5.,.00.0..0.0...........(..Five...Tho.�rsaTld...Dol.lars...and...no./.100.----.-.------.--.-- )--.-.-.-.-.-.-.-.-.-.-.-.- - -.--MIARSI evidenced by Cash❑,Personal Check n Certified Check n•Cashier's Check n.Other❑:.........._..............................to be.deposited in trust upon acceptance of this offer, as deposit on account of the PURCIIASE PRICE of$...600..000...00.....I_Six. iluildred-.Thous in.d D. llars,..,nnd.no,1.100-.-- -.--DOLLARS) for the real property situated in the City of.......Walnut...CKeek. .:....................... County of.._.......Contra.,.Costa...... State of........California............. • described as:....................3.146,..)}uski.rk..Aven.Ue.......................... ......_............................................................................................................................................_.r...- ._.............................._......_................_........................_.............................._..........._.......-- -----.—.............---•-=----- .:...upon the following TERMS and CONDITIONS: 1. Six:flundred Thousand Dollars cash at the close of escrow. 2. Seller will convey the property to the Buyer free and clear of any leases and said leases, if .any, will be terminated on or before the close of e!;crow. and any expenses associated therewith will be the expense of the Seller. ADDENDUM. The following addendum of same date, signed and attached hereto is included in this agreement: Addendum No........................Addendum No........................ Other:................................... .. . ......_...._..._.......-------------...--•--........................................................._........_._...._........................_....... ENCUMBRANCES. In addition to any encumbrances referred to above. Purchaser shall lake title to the property subject to: 1) Real Estate Taxes not yet due and 21 Covenants,conditions,restrictions,rights of way and easements of record, it any, which do not materially affect the value or intended use of the property. The amount of any bond or assessment which is a lien shall be p paid,Ficassumed by......Buyer.....(Done....currera.t.1.y,..e.xi.sts).............._...................................• EXAMINATION OF TITLE. 15 (fiffeen) days from date of acceptance hereof are allowed the Purchaser to examine the title to the property and to report in writing any valid objections thereto. Any exceptions to the title which would be disclosed by examination of the record-; shall be deemed to have been accepted unless reported in writing within said 15 days. If Purchaser objects to any exceptions to the title, Seller shall use due diligence to remove such exceptions at his own expense before Close of Escrow. But if such exceptions cannot be removed before Close of Escrow, all rights and obligations hereunder may, at the election of the Purchaser, terminate and end, and the deposit shall be returned to Purchaser, unless he elects to purchase the property subject to such exceptions. EVIDENCE OF TITLE in the form of R a policy of title insurance,❑other:....................................to be paid for by.............Bikyer............................................................. CLOSING.Within .....g0 days from acceptance both parties shall deposit with an authorized escrow holder all funds and instruments necessary to complete the sale in accordance with the terms hereof. Thereafter, any party, including Agent, may disclose the terms of sale. DEPOSIT INCREASE. The deposit shall be increased to $..10.000.00............within......30..'....days from acceptance, in the form of.........cash.................: POSSESSION. Possession shall be delivered to Purchaser: g7cUpon recordation of the deed. ❑After recordation,.but not later than midnight of..................................... RISK OF LOSS.Any risk of loss to the property shall be borne by the Seller until title has been conveyed to the Purchaser, PRORATIONS. Rents. taxes, premiums on insurance acceptable to Purchaser.*interest and other expenses of the property to be prorated as of recordation of deed. Security deposits, advance rentals or considerations involving future tease credits shall be credited to Purchaser. NOTICES. By acceptance hereof, Seller warrants that he has no notice of violations relating to the property,from City,County or State agencies. DEFAULT. In the event that Purchaser fails to pay the balance of the purchase price,or to complete the purchase as herein provided.Seller may,subject to any rights of the Agent herein. retain all amounts paid hereunder as damages for the breach of this agreement by Purchaser; provided.however, that Seller may take such action as he deems appropriate to collect such additional damages as may have been actually sustained, and that Purchaser shall have the right to lake such action as he deems appropriate to recover such portion of the amounts paid hereunder as may be allowed by law. In the event that Purchaser shall so default,Purchaser agrees to pay to the brokers entitled thereto such cnmm;ssions as would be payable by Seller in the absence of such default. Purchaser's obligation to said brokers shall be in addition to any rights which said brokers may have against Seller in the event of default. In the event legal action is instituted by any party to this agreement to enforce the terms of this agreement,or arising out of the execution of this agreement or the sale,the prevailing party shall be entitled to receive from the other party a reasonable attorney fee to be determined by tl a court in which such action is brought. PROVISIONS ON THE REVERSE SIDE.The provisions printed on the reverse side hereof which are Inlflaled below by Purchaser are included in this agreement: ......1.INCOME AND EXPENSE STATEMENT ........3.CHANGES DURING TRANSACTION ........S.OPERATING PERMIT .3.EXISTING LEASES ........4.PERSONAL PROPERTY IF FURNISHED INCOME UNITS ........6.PERMIT OF OCCUPANCY ....1.CONTINGENCY RELEASE CLAUSE.Subject to sale o1 Purchaser's real property commonly known as ............................................................................................... EXPIRATION.This offer shall expire unless a copy hereof with Seller's written acceptance is delivered to Purchaser or his Agent within........................days from date. TIME.Time is of the essence of this agreement. The undersigned Purchaser hereby acknowledges receipt of a copy hereof and acknowledges further that he has not received or rolled upon any statements or representations by like undersigned Agent, which are not herein expressed, including any statements or represenfafions regarding the effect of this fronsocfion upon purchaser's fax Ilabllify. ......................................................................................................_.................._..........Agent DATED:................................................................ TIME:..............................._...... By........................................................................................................................................ ............_.... .......................................................................................................Purchaser ...........................:............................................................................... .......Broker ...................................................Purchaser ACCEPTANCE The rrnde,r.;rrT; SeNer accect:!ha !xegninR offer and agrees to sell the her-in described proper,y!c,the price and on the terms and condilinns herein specified includ- ing the provisions on the reverse side initialed above by Purchaser. COMMISSION.Seller hereby agrees to Pay to..............The..,Fordiani ,Company.,._.__ ...., .. ,the Agent in this transaclionsix.(6),.% of the sale Price for services rendered. In the event that Purchaser defaults and fails to complete the sale.the Agent shall be entitled to receive onehail of Purchaser's depnsil, but not more 11un the commission earned, wilhnnl preiuchce to Apenl's riehls to recover the balance of the rnmmi;sion from Purchaser. The mutual rescission of this agreement by Purchaser arid Seller shall not relieve said Parties of their obligations to Agent hereunder. In the event legal action is instituted to collect this commission, or any portion thereof. Seller agrees to pay the Agent such additional Sum as the court may adjudge reasonable for attorney fees.This agreement shall not, limit the rights of Agent provided for in any listing or other agreement which may be in effect between Seller and Agent, except that the amount of the commission shall be as specified herein. The undersigned Seller hereby acknowledges receipt of a copy hereof. DATED:..........._..........._............._....................... TIME:..........._......_.................. ..................._...................................................................................... Agent ................................._.......................................................................................................................Seller .................... ............................................................................_.._..._ .........---._...._..__........................................................................... Seller ►INi,011114 r-)O rt se rO1.0 r�.z.xof ?�cn .+,c,.,r...n+...Teo.r......L....nunre eov..n,..oA n.wr..A„a Ar.,CAUrnemA,.roe CORtbf♦nlOR ADDENDUM.The following addendu,!l Gf San;,! :Jule, S;ZI.Ci dli6 dii-ileli;ICII!U is illt,;11:16 ill ii.;: cl, i;A Ajdc.iJum .Jo.................... . Other;.............................................................................................................................................................................................................................................................................. ENCUMBRANCES. In addition to any encumbrances referred to above. Purchaser shall take,title to the properly subject to: 1) Real Estate Taxes not yet due and 2)Covenants,conditions,restrictions, rights of way and easements of record,if any, which do not materially affect the value or intended use of the property. The amount of any bond or assessment which is a lien shall be C3 paid,Mcassurned by Buyer Lao Ii-e Cmxrentlyr C.Nd.s.t.s.)................................................... EXAMINATION OF TITLE. 15 (fifteen) days from date of acceptance hereof are allowed the Purchaser to examine the title to the property and to repput in writing any valid objections thereto. Any exceptions to the title which would be disclosed by examination of the records shall be deemed to have been accepted unless reported in writing within said 15 days. It Purchaser objects to any exceptions to the title. Seller shall use due diligence to retrieve such exceptions at his own expense before. Close of Escrow. But if such exceptions cannot be removed before Close of Escrow, all rights and obligations hereunder may, at the election of the Purchaser,terminate and end,and the deposit shall be returned to Purchaser,unless he elects to purchase the property subject to such exceptions. EVIDENCE OF TITLE in the form of[2 a policy of title insurance,C1 other:.................................... to be paid for by............Ba'yes............................................ CLOSING.Within 90.days from acceptance both parties shall deposit with an authorized escrow holder all funds and instruments necessary to complete the sale in accordance with the terms hereof. Thereafter, any party, including Agent, may disclose the terms of sale. DEPOSIT INCREASE.The deposit shall be increased to $..10..000..0.0.............within 30 days from acceptance, in the form of..........r,.,q.s.h........................... POSSESSION. Possession shall be delivered to Purchaser: gy.Upon recordation of the deed. E]After recordation,but not later than midnight of..................................... RISK OF LOSS.Any risk of loss to the properly shall be borne by the Seller until title has been conveyed to the Purchase-, PRORATIONS. Rents, taxes, premiums on insurance acceptable to Purchaser, interest and other expenses of the property to be prorated as of recordation of deed. Security deposits, advance rentals or considerations involving future lease credits shall be credited to Purchaser. NOTICES. By acceptance hereof, Seller warrants that he has no notice of violations relating to the property,from City,County or State agencies. DEFAULT. In the event that Purchaser fails to pay the balance of the purchase price,or to complete the purchase as herein provided.Seller may,subject to any rights of the Agent herein, retain all amounts paid hereunder as damages for the breach of this agreement by Purchaser; provided, however. that Seller may take such action w.he deems ZIPPIOP63tC to collect such additional damages as may have been actually sustained, and that Purchaser shall have the right to take such action as he deems appropriate to recover such portion of the amounts paid hereunder as may be allowed by law. In the event that Putchas.!r shall so default,Purchaser agrees to pay to the brokers entitled thereto such cpnim;ssions as would be payable by Seller in the absence of such default. Purchaser's obligation to said brokers shall be in addition to any rights which said brokers may have against Seller in the event of default. In the event legal action is instituted by any party to this agreement to enforce the terms of this agreement,or arising out of the execution of this agreement or the sale,the prevailing party shall be entitled to receive from the other patty a reasonable attorney fee to be determined by the court in which such action is brought. PROVISIONS ON THE REVERSE SIDE.The provisions printed on the reverse side hereof which are initialed below by Purchaser are included in this agreement: ........1.INCOME AND EXPENSE STATEMENT ........3.CHANGES DURING TRANSACTION .......S.OPERATING PERMIT ........2.EXISTING LEASES ........4.PERSONAL PROPERTY IF FURNISHED INCOME UNITS ........6.PERMIT OF OCCUPANCY ........7.CONTINGENCY RELEASE CLAUSE.Subject to sale of Purchaser's real property commonly known as ............................................................................................... EXPIRATION.This offer shall expire unless a copy hereof with Seller's written acceptance is delivered to Purchaser or his Agent within........................days from date. TIME.Time is of the essence of this agreement. The undersigned.Purchaser hereby acknowledges receipt of a copy hereof and acknowledges further that.he has not received or relied upon any sfaternenis or representations by the undersigned Agent, which are aof herein expressed. Including any statements or representations regarding the effect of this transaction upon Purchaser's tax liability. ...............................................................................................................................Agent DATED:.......................................................... TIME:........................................ By..................................v...................................................................................— ......................................................................................................................Purchaser ........................................................................................—..—..--.Broker .........................................................................................................Purchaser ACCEPTANCE The undersigned Seller accepts the foregoing offer and agrees to sell the herein described property for the price and on the terms and conditions herein specified includ- ing the provisions on the reverse side initialed above by Purchaser. COMMISSION.Seller hereby agrees to pay to...............The F.ord.iani Polnp.a..ny ...... .........the Agent in this transactionsix.(6 of the sale price for services rendered. In the event that Purchaser defaults and fails to complete the sale,the Agent shall be entitled to receive one half of Purchaser's deposit,but not more than the commission earned,without prejudice to Agent's rights to recover the balance of the commission from Purchaser. The mutual rescission of this agreement by Purchaser and Seller shall not relieve.said parties of their obligations to Agent hereunder. In the event legal action is instituted to collect this commission, or any portion thereof. Seller agrees to pay the Agent such additional sum as the court may adjudge reasonable for attorney fees. This agreement shall not limit the rights of Agent provided for in any listing or other agreement which may be in effect between Seller and Agent, except that the amount of the commission shall be as specified herein. The undersigned Seller hereby acknowledges receipt of a copy hereof. DATED:........................................................... TIME:........................................ . .................................................................................Agent .................... ...................................................................................Seller By................................................................................................................... ......................................................................................'................Seller FORM 101-C C01'..123 111L 111.9.6AI A—AWL,CAL11O...A CoftMOTM c�ea��•• 1 A XROM •TRAM., ! DSP 8R;? 89.2133 XEQ 6 Y RUN OD=? DSP L '' 2.0888 RUN N ... RUN S 89.2163E C -10.1080 XEQ D HD=10.1009 1,800,0000 RUN N4=1,176,4158 E1=': E4=1,946.0255 2,900.0090 RUN N1=1,000.0000 89.2929 XER 8 E1=2,000.0000 AD=? •.. :: �: '. 2.8890 RUN' 83.1824 XEQ 8 S 89.2029E 74.3590 XEQ D 4.0000 RUN i. HD=74.3500 . N 83.1824 W . 67.2600 XEQ D- N5=1.175.5611 . 'HD=67.2600 E5=2,020.3706 . N2=1,007.8.:95 6.3718 XEA 8. E2=1,933.1984 I. + AD=? f 1 3.10000 RUN ..5535 XEQ 6 f S 6.3710 W PD=? j 176.7 409 XEQ n 1.0999 RUN ! HD=176.7400 . N 0.5535 -E 'A XE2 e N6=999,9993 DELTA=? E64,999.9978 16.4328 RUN R=? XEQ E -580.8400 RUN £HD=497.7617. '; . SEC,=-694.3389 ; RREA=12,373:0035 ; L=169.3117 N CORR=? T=85.2621 C=168.71',3 i XEQ n HD=163.71 i3 N3=1,176.5287 E3=11935.9261 EXHIBIT C • "moo•©�'• �`^ ^'�F`� _ `� j`Co �+�z'��G ,�`y� • x'04- R. - 41 CO tNL 51 ir s� 0,94,/1 �- o ofGN`r W W v r1 ez CAI - , ,. . �, cr ,1 ^ . a L1 cl ce- CD „8z5, 1: 3 CLAIM ..7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Rou \ng Endorsements, ) NOTICE TO CLAIMANT JUNE 5, 1990 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given".pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all "Warnings". CLAIMANT: AIRES, Lanae ATTORNEY: K. Randy Moore, Esq. The Moore Law Firm Date recei v,ed ADDRESS: 45 East Julian Street BY DELIVERY TO CLERK ON April 27, 1990 San Jose, CA 95112 Cert. P 578 .842 005 BY MAIL POSTMARKED: April 26, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED:. April 30, 1990 gaIL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially.with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ) hp BY: I ..�., - Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER- By unanimous vote of the Supervisors present ( This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUN 5 1990 °HIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec ion 913) Subject to certain exceptions, you have only six (6).months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen'of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUN 1 1 .1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 K. Randy Moore, Esq. Moore Law Firm 2 45 East Julian Street ��+ � �� San Jose, California 95112 3 Telephone: (408) 298-2000 APR 271990 4 Attorney for Claimant PHR.BATCHELOR LANAE AIRES, parent and CLERCO ARD OF STA 5 guardian of Marissa Aires, C. a minor 6 7 CLAIM FOR PERSONAL INJURIES 8 CLAIM OF LANAE AIRES , parent ) and guardian of Marissa Aires, ) CLAIM NUMBER: 9 a minor; ) CLAIM FOR PERSONAL INJURIES . 10 Claimant, ) [GOVERNMENT CODE SECTION 910] 11 Against ) 12 THE BOARD OF SUPERVISORS OF THE ) MARTINEZ SCHOOL DISTRICT, CITY ) 13 OF MARTINEZ, COUNTY OF CONTRA ) COSTA, STATE OF CALIFORNIA, ) 14 ) Respondents. } 15 ) 16 17 TO THE BOARD OF SUPERVISORS OF THE MARTINEZ SCHOOL DISTRICT, THE CITY OF MARTINEZ THE COUNTY OF CONTRA COSTA, AND THE STATE OF 18 CALIFORNIA: 19 1. YOU ARE HEREBY NOTIFIED that Lanae Aires, parent and guardian 20 of Marissa Aires, a minor, (date of birth December 20 , 1981 ; age 8) 21 each of whom resides at 63 , Adelaide Drive, Martinez, California, 22 makes the within claim for emotional injuries and damages against the 23 Board of Supervisors of the Martinez School District, the City of 24 Martinez , the County of Contra Costa, and the State of California. 25 2 . All notices and communications with regard to this claim should 26 be sent to Lanae Aires in care of K. Randy Moore, Esq. , The Moore Law 27 28 CLAIM OF LANAE AIRES, parent and guardian of Marissa Aires, aminor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 Firm, 45 East Julian Street, San Jose, California 95112 ; telephone 2 number (408) 298-2000. 3 3 . This claim is based on injuries in the form of emotional 4 distress which Claimant sustained on or about October 30, 1989 , when 5 her daughter, minor Marissa Aires sustained injuries and damages 6 about her head, mouth, face, neck, shoulder, and arm, while enrolled 7 as a student at the Woodbridge Children' s Center at Las Juntas 8 School , 4105 Pacheco Boulevard, Martinez , Contra Costa County, 9 California. The claim arises out of the following circumstances: 10 (a) On or about October 30, 1989 , Marissa Aires, Claimant' s 11 minor child, was playing on the grounds in a supervised area of the 12 Woodbridge Children' s Center at Las Juntas School, 4105 Pacheco 13 Boulevard, Martinez, Contra Costa County, California (the School) . 14 (b) Marissa. Aires, while playing on the School grounds, within 15 a designated area, and within the view and control of staff 16 personnel, was attacked, scratched, bitten, and mauled . by a large 17 dog (the Dog) . The School premises where Marissa Aires was located 18 at the time of the attack were not fully enclosed or fenced. 19 (c) The Dog which attacked Claimant' s daughter had been seen on 20 the School premises for several days preceding the date on which 21 Claimant was attacked. Though they were aware (or should have been 22 aware) at all times of the danger which the Dog presented to 23 Claimant ' s daughter, School personnel made no attempt to keep the Dog 24 off or away from the School premises or Claimant' s daughter. 25 (d) Though they were aware (or should have been aware) at all 26 times of the danger which the Dog presented to Claimant ' s daughter, 27 School personnel did not warn or attempt to warn Claimant or 28 CLAIM OF LANAE AIRES, parent and guardian of Marissa Aires, aminor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 Claimant' s daughter, then a seven (7) year old child of the danger 2 which the Dog represented to her. 3 4 . Claimant suffered shock as a result of learning of the attack 4 and mauling of her minor daughter. Claimant believed and 5 demonstrated faith in her belief that, by having her minor daughter 6 enrolled at the School , her minor daughter was being kept in a safe 7 and monitored environment. 8 5. Claimant continues to suffer worry and concern over the 9 scarring and damages to her minor daughter' s head, mouth, face, neck, 10 shoulders, arms, .and any residual trauma as a result of this attack. 11 6. The Claimant does not know the name or names of the public 12 employee(s) who caused or contributed to " Claimant ' s injuries, 13 damages, and losses. 14 7 . Jurisdiction over this claim would rest in the Superior Court 15 in and for the County of Contra Costs, State of California. 16 Dated: April 17 , 1990 17 THE MOORE LAW FIRM 18 19 By• 'K. andy M or 20 Attorneys for laimant LANAE AIRES , parent and guardian 21 of minor MARISSA AIRES 22 23 24 25 26 27 28 CLAIM OF LANAE AIRES, parent and guardian of Marissa Aires, laminor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 y ca ') v, a c.qt _. O p ri r - _ Ln rt .J rn # J< o44 a • � O q-+ 43 N O G 41 +, b p-1 G CC O O Ln co 1 QC' ) G] U PU 3 ru J CC) a C Ln � 5 o O C37 <; O u C'Q ' W a Y�� t( �� CLQ �-�U N a 0 d Lv (Iw � '�cee 1� � •: p Cl �-+ d- • : CC i /. 35 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 5, 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: $257.81 Section 913 and 915.4. Please note all "Warnings". County Counsel CLAIMANT: ALTER, Donald J. 2966 Roundhi.11 Road MAY 111990 ATTORNEY: Alamo,-,' CA 94507 Date receivedMartinez. CA 2 553 ADDRESS: BY DELIVERY TO CLERK ON April 30, 1990 Certified P 477 755 483 BY MAIL POSTMARKED: April .27, 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 4, 1990 gpIL BATCHELOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ~(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 isnot 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: j 7 Ill U BY: .x,�Y .� 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 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. pn Dated: JUN 5 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: JUN 1 1 199Q BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator. Claim. to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO MkIlMT 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 7 1!Tai net'. the r o-i nt.-Y of contra Costa � -.�------ - � - Costa or � APR 30 1990 ) 1 6;,TCi h:COP District) CLERK uo<.K�, �;,; Fs Fill in .0 COPA Co. name ) � The undersigned claimant hereby makes claim against the C y of Contra Costa or the above-named District in the sum of $ 257.81 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) February 18, 1990 at 2:00 p.m. ---------------------------------------------------------------------------------•--- 2. Where did the damage or injury occur? (Include city and county) Livorna Road travelling west between Miranda and Lavender (North side of road), Walnut Creek, California. ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) Right front and rear tires cut by razor sharp road edge. ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Failure to mark as dangerous. Failure to repair damaged road (see attached pictures) . (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? Duane Curry - Damage reported to Mr. Curry on 2/20/90. Repairs not made. Harvey Harkness - Damage reported to Mr. Harkness. He said damage existed for two years, poor design of road, contractor would be notified. Repairs not made. ------------------------------------------------------------------------------------ 6. What damage or injuries .do you .claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Cut two new tires. (see initial receipt of 9/19/89. Both replaced. Front end allignment due to rut. See attached pictures. ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Actual expense of replacements and second check by Adler for any further damage. ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and 'hospitals. Mr. Vic LaFontaine AAA Tow Truck Operator, Alamo (Phone: Tow-831-9220) Mr. Joe Rajeski (Phone: 934-7227) - A-1 Tire & Brake - owner of tire and allignment repair business. ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 2/21/90 Tires, Balance, Allignment $247.81 4/14/90 Allignment.. and Damage check 10.00 Total $257.81 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some erson on his behalf." Name and Address of Attorney. . . &Z-k- ` /� Claimant Signature) ture � 66 O(,e-AJ H/LL Address Telephone No. Telephone No. N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent 'to defraud, 'presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail 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,OOO,, or by both such imprisonment and fine. ... •,:r•.,.•.,.:.'^!:.t.r•." it•F�!--Trr..:'T47: ?3T.'^,w1� - .. .. ..^./!:l',�r_ -r.'c�{7_^;?".-.1•:':.::a� _ "rrilaz-,?cx,?!.+'.-.. - RAJESKI BRAKE & TIRE, INC. Tt R,,;56 N0. =. " DBA A-1 BRAKE & TIRE ��c� °" - 934-7227 a lib 1628 Mt. Diablo Blvd. STATE Walnut Creek, CA 94596 REGISTRATION NO.AG118959 TI S• MUFFLERS-WHEEL ALIGNMENT• SHOCKS• BRAKES PHONE NO. MECH. �/9 1L� 14 f� Home: QUAN. PART NO, DESCRIPTION AMOUNT NAME Work:�3 /.5-/0� ROTOR L R STREET DRUMS LF RF CITY ZIP�oDE Job DRUMS LR RR ORr \ WRITTEN BY MI.� f� O HOSES MAKE yyLyq�Iu 'EAR / IIC� �I� LABC� A rvvE .LSI ��... r CHARGE SHOE EXCHANGE RELINE BRAKES OR INSTALL bC PADS DISC. PADS INSTALL WHEEL CYLINDERS OR CALIPERS WHEEL CYLINDER INSTALL MASTER CYLINDER r CALIPERS ! BALANCE WHEELS MASTER CYLINDER ALIGN FRONT SYSTEMS FLUID ADJUST BRAKES, BLEED AND REFILL FLUID SEALS FR REAR INSTALL GREASE SEALS OIL W REPACK WHEEL BEARINGS FILTER LABOR ON FRONT SYSTEM FRONT SHOCKS DRUM OR ROTOR MACHINING REAR SHOCKS LUBRICATION McPHERSON STRUTS TUNE-UP INSTALL BEARINGS �� N+ BRAKE!FRONTENDINSPECTIONiTEARDOWNCHARGE f�y1 TIRES)' IRES �3 I TIME PROMISED ESTIMATE CONTRACT LABOR X13 FED. EXCISE TAX PARTS cy �3 � TAX Gf WHEEL WEIGHT, ( I ,. PuC-s T_-A-fc PLUS TAX TOTAL VALVE STEMS NOT RESPONSIBLE FOR LOSS BY FIRE OR THEFT MUFFLERS I authorize the above repairs to be done along with the necesm DIFF spry material and I agree to pay for any chorges under the CLAMPS foregoing order on demand, and in the event of action being ,— necessary to collect any part of this bill, I will pat such attorney fees as the court shall adjudge reasonable. i SIGNED ADDITIONAL WORK RECOM. REOUIRED $ BY TOTAL PARTS APPROVED PHONE Q rIME BY CASH TOTAL PARTS tai►- � y � '�r 1 iG S �' CHARGE �LIST I. \ Sia¢ 2 l C- i PAID —}-- BUDGET TRANS. .- 'A-- v G f 1 HAS. DAY CAR, CHG. DIFF. 1— . 1t` C,'At'�s4f_ c. - NITS TL. DUE RECEIVED Y C. C. t C C k C)q + White-Office Canary-Custom Pink-Estimate 4 b l3 :b'52 1.2:9 4 r 50;0001 L J / 1 / 9 9.j ...`31... RUTH.NO. DATE 1--� p' DEPT. INITIALS El TAKE DONALD J ALTE'R 1�` i cv ❑SEND nw. oAr rR.:. 0 A t15 5 7 0 2 3 0 6 S:A. YUAN CLASS I DESCRIPTION UNIT COST AMOUNT `• 4 C 30,^,22440 ! J2 A ! BRAKE & 7fRf. .141.1$$ HALT CREEK CA 5C44889.90.5 md b Oq ft wwLst Vmo s TUTAL wm vw�ve�ra*�Iym!!b pp lora Itpas Mh n/m s waa ae orm,1 SUB skimo se h wurce Wn IIr IIr w d oro. TOTAL o �.,'.,.,• OR SIGN 1W1/ , T -i Qji 1 HERE /i ALES S Kv SLIP TOTAL SAFMRF•U.S.:Pat.4,403,793. CARDFi XM COPY Bank of America- IMPORTANT: RETAIN THIS COPY FOR YOUR RECORDS 3 r o r 70 m m NCS+D U)X 1 Zpvm_�ff7i mm �7rm C~ to f,ox = 3ncu, n z C Z m -t 9rn m ol 't A _7 1 m nrn �°`� D = m w m D v 1 o n m w r 4, O co -i N m • �„ 0 fn Q - m Z p m m m O = m n 3 OO r n m o z o N m m Rolm ds — ONN ttJ c�y��1ltJ Ali V!9,iAviv erg ,. ,ry REF:# _ 77 77 `nFRIL=::19,;15 •' .: ER;- 04 t j c kMOUN iQ•`��`CRE�` >;�l ��.- . - _ . .. r:: �E . G�EPEPT .;: "pAhlGHEE;EI+. -Ir'CFEtjI:'`:'J�tiCHcE. •:'moi�'�J: ��rf co - oo< oND �ao I' fi I I I ! o�� I� ' � I m NO I 4 `T a s m� n 70 � i I + I I• N° ° o el a n n r O m ° l A I S N O .p A \ Z Z !�J co t I j I I .p fv w 'I N . < o m z A I O i I I mLn 3 as ZI �1 ,- �'� T- A-1 BRAKE & TIRE E 934-7227- ,�0-R C, oAT UL 1628 Mt. Diablo Blvd. I �jM C 9 � X7/17 0, 14T / 9-/vrWalnut Creek, CA 94596 ►,� STATE / /, REGISTRATION L L /1'? C �� ` .h..�, NO. AGI 18959 I TIRES - MUFFLERS - .WHEEL ALIGNMENT - SHOCKS - BRAKES PHONE NO. MECH. I (A 4i !.i') �.�R iY� / Home: QUAN. PART NO. DESCRI . /hj1-��ION AMOUNT NAME �'i'.t ' ROTOR L R STREET! �r ( j/ / L L- _ 1. �l /1 ZIP CODE DRUMS LF RF CITY �A; Joe DRUMS LR RR NO. s. WRITTEN BY MI. HOSES MAKE YEA LIC.•'N0. LABOR `7J TrPE i _, ,.. v ,�=:.., 4r T � 1 CHARGE S�OE EXCHANGE REt-ENE_BRAK-G"R INSTALL DISC PADS f � ', a°v ( DISC. PADS INSTALL WHEEL CYLINDERS OR CALIPERS WHEEL CYLINDER INSTALL MASTER CYLINDER CALIPERS BALANCE WHEELS ) �t MASTER CYLINDER ALIGN FRONT SYSTEW.; FLUID '_ ADJUST BRAKES, BLEED AND REFILL FLUID SEALS FR REAR INSTALL GREASE SEALS �! �. W i_ 'REPACK WHEEL BEARINGS ter-OIL •-� , ;_ �11 ( FILTER LABOR ON FRONT SYSTEM FRONT SHOCKS DRUM OR ljROTOR MACHINING,\-,), REAR-SHOCKS LUBRICATION f McPHERSON STRUTS TUNE-UP INSTALL BEARINGS (`:1Sl6 BRAKE/FRONT END INSPECTION/TEAR DOWN CHARGE TIRES\\) —JU �� TIME PROMISED ESTIMATE CONTRACT LABOR k� FED. EXCISE TAX ? l JU �� PARTS /".jo 6C,, WHEEL WEIGHTS\ f� `J �U TAX 4� 1 G i PLUS TAX PLUS TAX .-. � ('__VA. X LVE STEMS). NOT RESPONSIBLE FOR LOSS BY FIRE OR THEFT TOTAL I authorize the above repairs to be done along with the neces- MUFFLERS DIFF sary material and I agree to pay For any charges under the CLAMPS foregoing order on demand, and in the event of action being necessary to collect any part of this bill, I will pay such attorney fees as the court shall adjudge reasonable. SIGNED%/ ADDITIONAL WORK RECOM. REQUIRED S BY TOTAL PARTS APPROVED PHONE ❑ TIME BY CASH I PARTS CHARGE LIST PAIG — Su0GET TRANS. DAY DIFF. CAR. CMG. RITE RECEIVED rI_. DUE C. C. White-Office Canary-Customer Pink-Estimate -.r,.---.r�.R-.-.:t•�.r.,..-��....-...-.--i.n�7s"n�T��.�;i-..n-..---�-n;.-�..Tn v. � Tt..-..•� ._..mid .. .. .e�v�� ^.[Fl^ .YARlJ4'f':+�'R-w.��. .... - _ ...'.. A-1 BRAKE & TIRE 934-7227 DATE. 1628 Mt. Diablo Blvd. Walnut Creek, CA 94596 STATE REGISTRATION NO. AGI 18959 TIRES - MUFFLERS - WHEEL ALIGNMENT - SHOCKS - ZRAKES PHONE NO. MECH. Home: OUAN. PART NO. DESCRIPTION AMOUNT I NAME S� lC, , Work: ROTOR L R STREET 21P CODE DRUMS LF RF CITY / I j DRUMS LR RORDER JOB R NO. WRITTEN BY MI. MAKE (7�(EAR Ici•No. — -7 LABOR HOSES 6 TYPE\, ! �iyti /1� <1U y 1 - CHARGE SHOE EXCHANGE 'RtLINE BRAKES OR INSTALL`DISC PADS DISC. PADS INSTALL WHEEL CYLINDERS OR CALIPERS WHEEL•CYLINDER INSTALL MASTER CYLINDER CALIPERS BALANCE WHEELS MASTER CYLINDER 'ALIGN FRONT SYSTEM j "- FLUID ADJUST BRAKES, BLEED AND REFILL FLUID SEALS FR REAR INSTALL GREASE SEALS OIL W REPACK WHEEL- BEARINGS F I LTE R �,L �? LABOR ON FRONT SYSTEM FRONT SHOCKS DRUM OR ROTOR MACHINING REAR SHOCKS LUBRICATION McPHERSON STRUTS TUNE-UP INSTALL BEARINGS BRAKE/FRONT END INSPECTION/TEAR DOWN CHARGE TIRES LABOR 1 SU TIME PROMISED ESTIMATE_ CONTRACT !. FED. EXCISE TAX j PARTS41 . _ ! �V TAX WHEEL WEIGHTS PLUS PLUS TAX VALVE STEMS �� TOTAL NOT RESPONSIBLE FOR LOSS BY FIRE OR THEFT MUFFLERS I author ze the above repairs to be done along with the neces- 01 F F `�S sary material and I agree to pay for any charges under the CLAMPS foregoing order on demand, and in the event of actionbeing necessary to collect any part of this bill, I will pay such attorney fees as the court shall adjudge reasonable. s � Or.. A SIGNED ADDITIONAL WORKb RBYCOM.' REQUIRED TOTAL PARTS APPROVED PHONE' O TIME CASH PARTS TCTA� CHARGE - LIST JPAip ! - BUDGET TRANS. AAL. Dar DIFF. . CAR. C.HG N I T E RECEIVED TL. DUE White-Office Canary-Customer Pink-Estimate .i 4 l i U.S.Pat.4,730,848 r�'f W r ^ is cr x' ' {t Nth LU g ru 3!y;+ ru:, :X: . y 00 ° 00 i m Z Q Z .'... 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Lr'{•;5��;,/ r,r :�+ „�: ;a� .••At%r..* l`�__�`rM'"' r• �" •yet S: .1 'r 4,,•t,l:r ;. �!' •a; ttl+t`f't' IA Ir,,,�L,,: +:,r•:i :}_ fLK1 M I I,•, !"•ice/'. if` ra•.i 1{ \ � J�`-`':� '•�fir. rt:.'. :�{ i S 'i: •t .��,' r � i it• �i47, ',+��-:•r ��7�rC L:..er'Y.�c�✓•-• t�y•'i y l' v I\c� 1 "�- I• �•'`°)'��'{��r,./�dr7��1+-•��,.7�'�ti ��.;f��,��',f1•y'•?JY��,•ti;�:�f3 �,.t ,r.�� ' 't / xq'�ji .rdi+C,/�t r9,4�•IjyF r �.'_.' ••J cd•''�',-��:��. �-'t•�•\� :y �;f; 1- 1 ',• . _ •,13+�'•tr;l./f 9••l�.`.1;. 7�SR..�1•'?�'rl� �'r:¢¢.��,�Tn,�j ..'9. ..;js1 fits.•rJ.b:�.1'; �r '•�,,,.t l`,• , v t�� r�• i. �'��`_f-± +,a'•d�tf-5;�t.n. t•trr2r:;�,'ti'.n'`� � �• 4 !.L,r •'1 �: i� -'-1 AL 30 z la ?rt`�• ;,. �.., 1 .' '` �• -,`:.�%: .r,.I^;.'"e^r•,.i1;',`S-xt`'�yFw-r?."':?1N^.:. '•s (,/ \ ;,•Y-� .`r^�'4;.� r,f#�:` '777 u `�1�V.9' r`..., _�"x.•1,2•. r a �'J � � - ``. ,• '♦ ! y".-L�1'K TiK' �� moi'-'_ '?,�.,.,,��`y. �..F"S?�n< ,��;;{.,{-• 7 z � �'ls..;"c'',Y��ti- "�=•S:s vi�'�'4... :.>,.r�''r rY i"� t1`'.�,,-��✓� �"-.�.:z�,,r e",,�+' � int�"�a...ti� .: �~ -'"c'' 1 _ county t' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIAAY PSI 8 1990 Claim Against the County, or District governed by) IWTIGA e4553 the Board of Supervisors, Routing Endorsements, .) NOTICE TO CLAIMANT J UNE 12, 1990 and Board Action. All Section references are to ') The copy of this document mailed to you is your notice of Cali-fornia Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $51-000.00 Section 913 and 915.4. Please note all, "Warnings". CLAIMANT: CALISESI, John ATTORNEY: Date received ADDRESS: Rt. 1, Box 201 BY DELIVERY TO CLERK ON May 7, 1990 (hand delivered) Oakley, CA 94561 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 8, 1990 BY; Deputy II. FROM: County Counsel TO: Clerk. of the Board of Supe sors (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: r) ' rl0 BY: -�� .Q Q ) . J.. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administ t r (2) ( ) . Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (LefThis 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 5 1990 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code s -on 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUN 11 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator P Pr Alm ' to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT \ . A. Claims relatingto 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 Against the County of Contra Costa ) t1AY 7 1990 or ) /.'/40 oM PHI:BATCHELOR District) '`R cc T4Ut-�STACO.Ofr, Fill in name ) The undersigned claimant hereby makes clalm_against the County of Contra Costa or the above-named District in the sum of $ d(9 6-6 and in support of this claim represents as follows: -----------------------------------------------; When did the damage or injury occur? (Give exact date and hour) -----� - -g-�1--------- =-D - �- ---------------------------------------- 2. Where did the damage or injury occur? (Include city and county) ---------------- 3. How did the damage or injury cur? (Give full details- use extra pape if ,ppqu*red) � � 4. What articular act or omission on the wof count or district officers P P Y , servants or employees caused the injury or damage? ,54/ 12) 1,V rs\ ,� (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attacjtt estimates for auto damage. lz/�L --r --- ------- �-- -- _ ��- ---- - ---- �-'----- --------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors and 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:....:...(Attor..ney)i,.- or some Peraw on his behalf." Name and Address of Attorney Claimant's Signature Address Y, Telephone No. Telephone No. �t NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or .for payment to any state board or officer, .or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ' ($10,000, or by both such imprisonment and fine. CLAIM / 33 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 5, 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 (ParagraiJa IV below), given pursuant to Government Code Amount: $980.78 Section MtYlQftmejase note all "Warnings". CLAIMANT: GLAZIER, Armand E. MAY 1390 ATTORNEY: Allstate Insurance Company Martinez. CA 04553 5341 Randall Place Date received l ADDRESS: Fremont, CA 94538 BY DELIVERY TO CLERK ON May 3, 1990 ( ,g&O �G 1 BY MAIL POSTMARKED: April 30, 1990 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 4 1990 PpHHIL BATCHELOR, Clerk DATED: Y BY: Deputy I1. FROM: County Counsel TO: Clerk of the Board.of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: c7 ) BY: D Deputy County Counsel UJ 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-JUN 59 PHIL BATCHELOR, Clerk, By e 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: JUN 11 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM and E. Glazier c lstate Insurance Co. 5341 Ra all Place Fremont, CA Re: Claim of ARMAND E. GLAZIER 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. x 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 By: Deputy County 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: q at Martinez, California. cc: Clerk of the Board of Supervisors (o iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 . 8) a7 JL� all, I-S—FA-F.E. -s. ........... E C E'l V-li ED vot pasy- m6m;r ..... jvlAy 3. 1990 ...1 7 rmit WrCHELO? Cl ERK SQA -Upnvlsfd�ls L Tiv. J. tL KIR p -rI ;-%.r LA I l: ; K ... .. . ...... r%!L. ;1:7 -..... .:•:.t -4* M I L.M.- ...1!4 ....... .......... 11 P., i I....... . ......... T f U r I ........... • MUP ............ I "T"l-E-• T 1-0, -1 1 A K* tj-I I--. :r N 1. i. A-IRRY J.'"'H)", ............................................................................................................................. T i .::--I ................................................................................................................ -:5 j, f ........................ ................................................................. ........................................................................................................................................................ .................. .........................-....................................................................................................... T ..................... i Us G997B .................................................................... ......... ......................................... .. v 'd4c�i�istit�is r Cie o / O as p a cy N f CL .- r LIJ � cn a � U CIO 1}1 �y 4 y 4 0 4 „ c U � M LO C O ro ESQ a> 0 0 m E - h A O u, Q�d LL AUSIdleoCEI ED PLAY 17 1990 FREMONT MARKET CLAIM OFFICE PO BOX 1848 FREMONT CA 94538 May 9, 1990 In reply please refer to aon Harvey . 14199 Ms. Julie Aumock Contra Costa County MAv 1 1Qg0 Risk Management ' County Administration Building 651 Pine Street, 6th FloorE$�t +,ana� Martinez, CA 94553 Dear Ms. Aumock: Our investigation shows that your driver was involved in an accident with our insured and is 50% liable. Since we have already made a settlement with our own policyholder, he has assigned his right of claim to us. Copies of the final papers covering his loss from this accident are enclosed. Please accept this letter as notice of our subrogation rights. Your prompt payment will be appreciated. Sincerely, Gayle E. Banks Senior Claim Representative ms Enclosure Driver's Name: Duane Veien Our Claim No. 6750142686 Driver's Address: 164 W. J St. , Our Insured: Armand Glazier Benicia, CA Our Insured's Address: Martinez Your Vehicle: 1987 Ford Escort Your License Plate: E085674 CA Date of Loss: 2-23-90 Location of Loss: Martinez Time of Loss: 10:19 am Amount of Loss/Total: $980.78 @ 50% = $490.39 Allstate's Interest : $730.78 Insured's Deductible: $230.00 Description of Loss: Per the police report and the independent witness account, both your driver and ours were negligent for their unsafe turning movements. Thus we are willing to settle 50/50%. �1 .�ca! R: i,_ '::.W.'id.+rr.! +s eY" ?kL..., d7Kb„y •n. "Se 31• ti: q. .C;.,: i..vR.�:5,..#:-gi, 1:, 'f„'.� • ? ' r' `. kbbs'. r: ? Klf' , k` 7 . ,uC �`> e+�b.n�1P� rartti w� ,r URED I PROs.DCO POLICY NUMBER tvr IMaNT U ^4 DESK LDC. EMfioYEEID. CLAIM NUMBER I IRS IPAYEE T 75011 a6 �.� 1$1 Allsial 4; RENT / STATE INS.CO. NORTHBROOK NATIONAL INS.CO.s IE [] ALLSTATE INDEMNITY CO. NORTHBRND OOK PROPERTY C . F]ALLSTATE COUNTY MUTUAL INS.CO. NORTHBROOK INDEMNITY INS.CO. /u 2�� LJ RLLSTATE AND CASUALTTYERTY INS CO. � Al-LS(ATE TEXAS LLOYD'S c� FIDE COPY NON I I -- - 7 —�/ --- -___.------ --------•--- ---------- R POLICY NUMBER oN,� o—r i—tirn .. l VSU R'� iO3 a a .LAIMANT DESK LOC. EMPLOYEE I. CLAIM NUMBER I IRS PAYEE ,AY $ 7,,,- =�- AllSi~dll )FYMENT A �j`J ,.• .�_ .G'r O+ yet- Q^: 'T- ALLSTATE INS.CO: NORTHBROOK N41ONAL I_NS�O NORTHBROOK PROPERTY`r,. 0 THE Qi32 �� 'ALLSTATE INDEMNITY CO. AND CASUALTY INS.CO! )BOER /a / ALLSTATE COUNTY MUTUAL INS.CO. NORTHBROOK INDEMNITY INS:C, F TO - p� ALLSTATE PROPERTY ALLSTATE TEXAS LLOYD'S AND CASUALTY INS.CO. f U FILE COPY I , CLAVRESENTATIVJE INSPECTION ►._. ORT 673'�4,F7 9/p 3 046 POLICY NUMBER CLAIM NUMBER DRAW ARROW(S) TO SHOW POINT(S) INS 'S NAME OF IMPACT. CLAIMANT'S NAME PLACE OF INSPECTION: LJl Drive-In ❑ Field Inspection Station OTHER YES NO SERVICE DATES SHOP CUSTOMER'S CHOICE Assignment Received CLAIMANT DESIRABLE RISK Inspection Completed Transferred To T.L.E. C144 TO UNDERWRITING A/P Discussed With Customer No. Days Needed For Repairs SUBROGATION CAR MORTGAGED BY WHOM? OTHER INSURANCE BY WHOM? � .y f Q� �J CLAIM REPRESENTATIVE �2LS�1� �S�DO� ISSUED DRAFT AMOUNT DRAFT NO. OFFICE TO ISSUE DRAFT AMOUNT DRAFT NO. TO WHOM? v AMOUNT CODED TO H HOURLY RATE DISCOUNT PERCENT a OTHER ESTIMATES USED PARTS DEALERS CALLED COMMENTS CLAIM REPRESENTATIVE Gq DATE `� a IMPORTANT: A C144 Policyholders Information Report must be submitted if investigation or inspection shows the Insured is not a desirable risk or other pertinent Underwriting information is developed. C422-12 1 ' ' Lii/L% ' 6700112686/0000012PAGE 1 ALLSTATE 1AS3RANCE COMPA0,- DIABLO VALLEY 757 APVWD DRIVE SUITE C UARTlNEZ . CA . 94553 ( KE) 172 - 5600 ;LAlH NO / 6750142686 POLICY NO , 034O79iO3 lDjUS [ER : TDDLa .ANITA LAST NAME ! GLATIE� [H3UREL/CLAIMANT( I/C) i I LOSS DATE ; 02/23190 ]ESK LOQ KNS !MOP DA7E ; 02113/40 [NSUREQ ARhAN0 GLAZIEk TYPE LOSS ! COL KNER : ARMAND GLAZIER OWNER ADDR : 126 3&WERT LAAE ]WNER CTY / MARTINEZ OWNER STATE / CA OWNER ZIP : 94553 ]WKER PHONE : 3HUP / WELCOMES AUTO BODY SHOP AGDR : 5393 PACHECO BLVD BHOP CITY : FACHECO SHCP STATE : CA SHOP ZIP : 94513 VHOP Now PHONE , (000) 000-00O0 1ETH00 OF HANDLINS ; DRIVE- Q-J.' -JCQ 3654598 VIN / 1F7CR14T2JPB97677 1ILEACE : 011746 COLOR : TAN .GR[EN `AlNT COUE / CON0I [IGN : GOOD �MARKSTWO-TGKE P=NEW PART EC-NON OEM PAT [ EU-SAI VAGE PART L=REFINISH P=CHECk N=ADDTL LABOR [=REPAIR/ALIGA/SjBLET !T-LABOR FiIRTIAL REFAI '. [E-PART PARTIAL REPLACE ET-LABOR PARTIAL REPLACE AA=APPEAPANCE ALLOWANCE PP-RELATED PRIOR DAMAGE UF=ANREL4TED PRIJR DAMAGE ' THICLE08 FORD RANGER 6 FT 6EU SUPERCAB P6304A F/D AE.|PKL ` OPTIOKK RIGHT STANDARD MIRROR REAR DUMPER POWER STEERING PUAER BRAKES AIR CONDITlCNING AUTOMATIC TRAyshiSSIG|< RIGHT STANDARD MIRROR ' P ODE AC DESCGIfTIGN MFG . pHRT NO : PRICE AJ% HOURS R j C065 BUMPER ASSY FOGNT SALVAGE PART A 1 0020 STRIP . FR [ IMPAC[ E6TZ17K833A 43 . 55 A 1 0036 FANEL .3RILLE LGW[R E3TZ1j779A 24 . S3 . 3 1 0036 PANEL .GRILLE LOWER REFl@IS -i 0 . 00 1 . 0 4 0052 GRILLE ASS[Y&L� E7TZS200C 124 . 32 . 5 1 0103 FENDER .FRC�lLT E6Q16066A 72 . 4/ 1 . 8 1 O1so FENDER . FROXT LT REF INlSH 0 . o0 2 . 7 � 0T73 HEADLAH"S 00-� ADO7L LAEUR 0 . 00 . 5 2 R&pslG� ADOTL LKBOi� Q . oO TWUTONE REFINISH O . 00 1 . 5k � 10 ITEMS PARF FRICE WAS OVERRIDDEN! f / ' LAW HOURS WERE G;ERR [CDE�/ SSP 233 � � . ' - - ' ^ ' CLM/LOG/ 6750142686/00050125S PAGE 2 GROSS PART':*.- 264 . 42 ADJUSTMENTS ( PARTS DISCOUNT) 26 . 44- OTHER PARTS 15a . &,.- SPECIAL DISCOUNl 0 . Of.) MARKUP 0 . wO PAINT MATERIAL 88 . 40 iRTS TOTAL 484 . 0G TAX ON PARTS AND MATERIAL @ 07 . 2501 35 . 12 LABOR RATE REPLACE HRS REPAIR HRS 1-SHEET METAL 42 . 00 3 . G . 2 168 . 00 2-MECA/ELEC 42 . &0 . 5 21 . 00 3-FRAME 42 . 00 O . O0 4-REFINISH 42 . 00 5 . 2 21O . 40 5-PAINT/MAT 17 . 00, &OR TOTAL 407 . 40 fAX ON L A B 0 R. @ 00 . 300% O . 00 SUBLET REPAIRS 000 !OWING AND STORAGE 0 . 00 ?OSS TOTAL . 926 . 90 ADD : APPEARANCE ALLOWANCE 0 . �O ` LESS : OTHER CHARGES O . 00 LESS : BETTERMENT KANUAL ADJUSTMENTS) 0 . 0O LESS / DEDUCTIBLE LES3 / RELATED PRIOR DAMAGE 0 . 00 !ET TOTAL 676 . 90 f07AL UNRELATED PRIBR DAMAGE 0 . 0O *** LOG 000501258 UATE 02/23/90 TIME 13 : 2805 �** FHIS IS NOT AN 4UTHORIZPT1ON FgR REPAIR 3UPPLEhENTS MUST BE APPROVED PRIOR TO REPAIR [F YOUR CAR IS OF UNITIZED C3N3TRJCTION , IN SOME CASES TME REPAIR SHOP MAY 1EEG SPECIAL EQUIPMENT TO PROPERLY REPAIR THE CAR . YOU SHOULD DETERMINE IF ;HE SHOP YOU SELECT TO COMPLETE THE REPAIRS IS PROPERLY [QUIPPED . AUOATEX RELEASE NO . VEHICLE UPCATE NO , 2699 REGIGN NO , 24 AD./USTER RE3ISTRATISN NO , - � LSSP 233 ' �..rcuSS ' ?RTS I ADJUSTMENTS - {PART .:PTS ©UNT} SPECIAL' 01$CCfUNT MARKUP. r PAINT -140TERIAL.= S TOTAL � 7'AX: ON FARTS: AND -ATER. AL AiaoR :R E.`:'"R PLACE. �ikS REPAIR. HRS 1--SHEET. METAL 42.' .4'. S.8 .2 3--FRAME • 4. 5,.PAXNTfMAT t3 .TO.TA4 - TAX-.ON .L484JR- .. 'T :.o0.._000: SUSLET •:'REPAT&S;.. TGWi.N'G AND 8TCiR4 S TOTAL. fMi: . APPEARANCE ':ALLOIANtE � Lust OTHER CkAR F,S. - LESS;. SET TERMENT. :t KAN lAL i LUjUS T MEINTS Y L:ESS•: :aE.0�)CTXBLE' �:' :: LESS o., RELATE' s PR 0R'D t•'friGE �I **4 LOS.% 0005.0 DATE :02/23140 TIME 13.-2,8:05 ..AN AU THO XZA T.-I.0.4. FOR REPAIR ; PL.EMENTS MST-..BE 'PFRC1 k kD PRIbi2 TO REPAIR YOLiR` .CO- IS.- OF .U 4 T12F- COINSTRUCTION , IN SOME C_ Sia THE REPAIR. ZHGP MAY-. P:. SPECIAL EWUX.P'M.E ,T:' 10: PROPERLY REPAIR. THE CAR, : Yt7l,! .rat-sO�+ DCTEPM.IAiE IF -.SHOP. YOU SELECT O. PLETE THE REPAIRS IS PRO,.ER[,•_Y E0USP.'PE,[f:.:`, . 4TEX REl_EA3C .Nl+i _ E,HICLL . !: P ATE NO. 2591" - uS U REG z S.T RAT-4 ...int..0. . mm z�` 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 5, 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: ::::5184.49 Sect-Uf pbO915.4. Please note all "Warnings". nsel CLAIMANT: JOAQUIN, Manuel MAY P.O. Box 1801 T►�A Igor) ATTORNEY. Martinez, CA 94553 Mstrtl neZ. CdA X553 Date receive ADDRESS: BY DELIVERY TO CLERK ON May 1, 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. DATED: May 4, 1990 gyIL BAATTCHELOR, Clerk II. 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: c) 4 BY: �-��, �ll,' �. /-� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( This Claim is rejected in full . ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUN 5 '99�_PHIL BATCHELC", 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 nabove. Dated: J UN 1 1 999 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM T0: uel Joaquin P.O. ox 1801 Martine CA 94553 Re: Claim of MANUEL JOAQUIN 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. x 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 By: Deputy Ounty Counsel�\—J/ 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. 11 Dated: �� Ci y , at Martinez, California. cc: Clerk of the Board of Supervisors ( riginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 . 4, 910 .8) J 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• L. 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 Clr�filing stamp �:. FD Against the County of Contra Costa ) � _ 1990 or ) �4AY :+ FN!L 3ATCHEtoa District) f SCA;Z)-o'l XP� VISORS Fill in name ) C e�.ty The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ !, ��, Ll q and in support of this claim represents as .follows: -----------------------------------------Ll-L-2_2 2 0------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) --- L�-'1---�01 .eash ----��-- =�-- — c.C��,-- e=Sr�rq�---CLOYL ---- 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) co -- 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? ------------------------------------------------------------------------------------ 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.) r .4- 8. Names and addresses of witnesses, doctors and hospitals. --------------------------------------------------------------- ----------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES:=TO: .:._-(Attorriey) . or by some person on his behalf." Name and' Address-of'Attorhey 0 6�X (Cl 's Signature Address Telephone No. Telephone. No. 2 22 20 y L) NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, .or to any county, city or district board or officer, 'authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. VENDOR N0. DEMAND 4 4101 on the Treasury of the COUNTY OF CONTRA COSTA 9 Made By: A ✓1 r- � V STATE OF CALIFORNIA DATE u NAMEL(LAST) f (FIRST) IMPORTANT { See Instructions on Reverse Side ADDRESS CITY, STATE ZIP CODE - For the sum of Mme ft1 = Lls ��tirx��t� FOXI� Wk Dollars $ As itemized below: DATE DESCRIPTION AMOUNT 4-11nn�s _ `Ioc%�� The undersigned under the penalty of perjury states: That the above claim and the items as therein set out are true and correct; that no part thereof has been heretofore paid, and that the amount therein is justly due, and that the same is presented within one year after the last item thereof has accrued. : 10 Signed M03n-AA 1-'0Q a Lim VENDOR NO. Received, Accepted , and Expenditure Authorized DEPARTMENT MEAD OR CHIEF DEPUTY R . ACCOUNT MCUMORANC 140. C a P Y113tNT AMOUNT 1 1 1 A PCC. FL !. 1 xQ tlOUN ABK 0 TION ACTIVITY B 0 0 SCOUN ?iJ: 0 1 1 1 1 1 CUM. NO. INVOICE OAT[L D[BOWIPTION FUND/ORB. ACCOUNT ENCUYBRANC[ NO. P/C `PAY YE NT AMOUNT T 1 1 • 1 TAxAO AtlOUNT TABK JOPTION ACTIVITY DISCOUNT �[ 1 P 1..........::.:.::. .. 1 1 UN N0. INVOICE OAT[ OEBONIFTION FUND ORB. ACCOUNT [tlCUYBRANC[ NO. P/C PAYMENT AMOUNT, , 1 ..:.. ............:........ ,•:;;;;;•:� :TASK 0►TION ACTIVITY BP[C. FLOSS nl.+roll �:<��;•:S:•:�::}c£:t�.:;'::\:�:`::'•%::�s:t;�;: IIABL[ AMOUNT — ------ --- 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 5, 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: $1;500,000.00 Section 913 ar9® Enty, `Please note all "Warnings". unser CLAIMANT: MANNING, Hattie and PAGE, James MA Y 1390 ATTORNEY: Aftrt 'fey Date-received ' CA ' 53 ADDRESS: 1016 Delta View Lane BY DELIVERY TO CLERK ON May 4,. 1990 Pittsburg-,. CA 94565 BY MAIL POSTMARKED: May 2,. 1990 (cert. P112-811-591) I. FROM: Clerk of the Board of Supervisors. TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 4, 1990 RYIL Beu ATTCHELOR, Cler 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: �� I'( I�O BY: I—JJ, 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 -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: JUN 5 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sectio 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 ci.tizen'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 11 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator HATTIE MANNING JAMES PAGE. 1016 Delta View Lane �� i Pittsburg, Ca 94565 1 C ED . Claimants MAY ^ 41990 CLERK kli)A iU Or'cl%PL�V!SGF:'i r 'N.P.ACOSTA Co . Ce vt BEFORE THE STATE BOARD OF CONTROL OF THE COUNTY OF CONTRA COSTA In the Matter of the Claim of Claim No. : Hattie Manning and James Page against the County of Contra CLAIM Costa To: The County of Contra Costa, Sheriff's Department, the undersigneds hereby make claim against the County of Contra Costa in the sum of $1,500, 000. 00, and in support of said claim represent as follows: 1. Claimants' address is: HATTIE MANNING JAMES PAGE 1016 Delta View Lane Pittsburg, Ca 94565 2 . Notices regarding this claim should be sent to: HATTIE MANNING JAMES PAGE 1016 Delta View Lane Pittsburg, Ca 94565 3 . The incident occurred on November 6, 1989 at a time currently unknown, in Contra Costa County on Willow Pass Road east of North Parkside Dr. 1 5. The circumstances giving rise to this claim are as follows: At the above time and place, claimant's decendent, James Huley, was discovered dead from exposure, after having had an accident sometime before. Said Contra Costa County Sheriff's Departmenbt had failed and refused to search , investigate and discover decedent, thus leaving him to die. claimanats are the mother and brother of decedent Daryl M. Hulley. 6. Claimants' injuries are that they sustained the lost of their relative, who was the brother of James Page and the son of Hattie Mannering. 7 . The name or names of the employees causing the injury are currently unknown to claimant. 8 . The basis of the computation of the above claimed amount is as follows: Medical Expenses Incurred to Date: in excess of $ 500. 00 Estimated Future Medical: in excess of $ . 00 Loss of Earnings: in excess of $525, 000. 00 General Damages: in excess of $1, 000, 000. 00 Dated: r - � HAT TIE MANNING, Cl a 61� J S PAGE, C aima 2 v b'Y of I/V VV v v L C-) �� { ' 1/ I , O ry? �, _00 . . � rio � \ a}:'; Q �C w 1J I V 1-0O E U) O = >- OM O 1— cr-- Ln cn Z Ln � O4-30) � U N W N d z ¢ Ln Ln Ln O ^ LL U N N O C w Q •�-+ C !O d •.+ D Ln ¢ z � � G O Ln (o r-y Jn mULOa: n u C� rq . .......... .....,.'. g C County Counsel CLAIM . 1-0Y .�;Jtl� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA c rl.nez'GA�f t,, ..��3 Claim Against the County, or District governed by) BOA ION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JuneS , 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: $1 ,000 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MC BRIDE , Ronnie Lee ATTORNEY: Roger Fox From Risk Management Date received ADDRESS: 1074 Lettia Road. BY DELIVERY TO CLERK ON May 9 , 1990 San Pablo , CA 94806 BY MAIL POSTMARKED: May 8 . 1990 1. FROM: Clerk of the Board of Supervisors .TO: County Counsel Attached is a copy of.•the above-noted claim. ` PpHHIL BATCHELOR, Clerk J . DATED: May 11 , 1990 - BY: Deputy Ann Cervelli I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (�1 ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 91O.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: 5 lla �Q 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 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 dater.' p Dat--:'d: JUN 5 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: JUN 11 1990 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Cl&im to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sona. and which accrue-on or- before December 31, 1987, must be presented- not later than the..l00th: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 mustbe 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. forfraudulent claims, .Penal -Code Sec. 72 at the end of .this form. RE: Claim By _ ) Reserved for Clerk's filinz stamp JECEIVED Against the County of ContraM1 AY - 9 9. Costa ) 3:10 �/t or ). PHR anrcttELO? IRK GOA^C C F 1. Sl' cR'!t ^C; District) e ccN1 �PcOs;ACG. Ceno'r ill in - e ) The undersigned claimant hereby makes claim Inst the County of Contra Costa or the above-named District in. the sum of $ and in support of • this claim represents as follows: ---------------------------------------------------=--------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) -____-- -- ___L2 ------------------------------------- 2. Wheredid the damage or injury occur? (Include city and county) .......ALLD 3. How did the dama e or in oc ur? (Give full d tails; use extra paper if g J Y � , required) v� - JDff 4. What particular• act o omission on the part of. county or district officers, servants or employees caused the injury or:.,damage? , t0f- _. ~ (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 5.' What- damage--or,.injuries'do�-you claim resulted? -(Give .full extent of injuries or damages'claimed. :Attach two estimates for auto -damage. ------= ---=-----------------=---- --------------- ----------------------- 7.- How was the amount -claimed above computed? . (Include the esti. ed-amount of any prospective injury or d ge.) - -------------------------------------------------------- 3. Names and addresses of- witnesses doctors-and hospitals. n 9. List the expenditures you made on account of this accident or injury: D TE ITEM AMOUNT Gov: Code See. -91O:2 provides. "The claim must be signed' by the claimant SEND NOTICES`TO: (Attorney).•,,> or)by s e per4on on his behalf." 'game and Address of•Attorne Y__. . . ... Cllai�man 's Signature JAddress• - Telephone No.� lj 7 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. 0Rt"a Cost �1 0tlRft! MNr 9 '1990 t? rD Lo CLAIM Jc)unty 35 BOARD OF. SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 'M AY Claim Against the County, or District governed by) , OJ;3 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT ` , JUNE 5, 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: STEEL, Kathryn L. ATTORNEY: William D. McCann, Esq. McNichols, McCann & Inderbitzen Date received ADDRESS: 18 Crow Canyon Court, Ste. 395 BY DELIVERY TO CLERK ON May 4, 1990:.�(hand de.liveredY., San Ramon, CA 94583 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached.is a copy of the above-noted claim. ppHH gg DATED: May 8, 1990 BYIL DeputyLOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on.ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: V /90 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 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. 1 Dated: JUN 5 19pt1 90 PHIL BATCHELOR, Clerk, By Deputy C1«::-k 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. JUN'UN 1 1 1999 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Law Offices®of McNichols, McCann 9& Inderbften File No.: 1081 .01 18 Crow Canyon Court, Suite 395 Reply To: San Ramon Post Office Box 346 San Ramon, California 94583-0346 Telephone 415 838 7600 Facsimilie 415 838 7556 May 4, 1990 Stephen L.R.McNichols,Jr. William D.McCann Martin W. Inderbitzen 7� —FNECEI rE� Kevin W.Wheelwright _�/�,�,�-��,�, Steven M. Fleisher ' E%UN�"u' y�� Nickolas P.Tooliatos II Norbert U. Frost Clerk of the Board of Supervisors MAY 4 1990 Celine Ellett Duke John T.Schreiber County of Contra Costa 651 Pine Street #106 Cynthia F.Waldrop PMt.BATCHELOR Hal J.Abrams � CLERK Q A2 O'r il;Pf9.V!S^.F.� Martinez, California 94553 .c'•-• COSTACO. Phillip G.Vermont De ut Of Counsel: Re: In the Matter of the Claim of: Wm. H.Gale,Jr. KATHRYN L. STEEL AGAINST THE COUNTY OF CONTRA COSTA we,,,erIwo,,°``Only Dear Sir or Madam: We understand that you are the Agent for Service of the County of Contra Costa, and herewith serve upon you the claim for damages against public entity asserted by our client, Kathryn L. Steel. We look forward to your prompt response. Very truly yours, McNICHO McCANN & INDERBITZEN PAMELA ZIM Litigation aw Clerk PZ/kl Enclosure Pleasanton Office: San Jose Office: 62 West Neal Street 2444 Moorpark Avenue, Suite 308 Pleasanton, California 94566-6699 San Jose, California 95128-2671 Telephone 415 846 9025 Telephone 408 293 3223 Facsimilie 415 846 6708 WILLIAM D. McCANN, ESQ. C RECEIV �''� 1 NORBERT U. FROST, ESQ.. — i MCNICHOLS, McCANN & INDERBITZEN � �� y•� 2 18 Crow Canyon Court, Suite, 395 MAY 4 1990 3 San Ramon, California 94583 <<,. BA CHEL02 1 Telephone: (415) 838-7600 CLERK eOA2DOFSurERV!50es INT.A COSTA CO. Attorneys for Claimant I 5 6 BEFORE THE STATE BOARD OF CONTROL OF 7 THE STATE OF CALIFORNIA 8 9 In The Matter of The Claim of CLAIM NO. 10 KATHRYN L. STEEL AGAINST COUNTY OF CONTRA COSTA 11 12 Claimant KATHRYN L. STEEL hereby makes claim against THE 13 COUNTY OF CONTRA COSTA in an amount exceeding TEN THOUSAND DOLLARS 14 ($10,000.00) , and in support of said claim represents as follows: 15 1 . Claimant's address for purposes of this claim is via her i 16 attorneys McNichols, McCann & Inderbitzen, 18 Crow Canyon Court, 17 Suite 395, San Ramon, California, telephone number (415) 838-7600. 18 2. Notices concerning the claim should be sent to William D. 19 McCann, McNichols, McCann & Inderbitzen, 18 Crow Canyon Court, 20 Suite 395, San Ramon, California 94583 . 21 3 . The date and place of the incident giving rise to this I 22 claim are January 27, 1990, CITY OF LAFAYETTE, COUNTY OF CONTRA 23 COSTA, CALIFORNIA. I 24 4. The circumstances giving rise to this claim are as follows: 25 26 I McNICHOLS.McCANN 1 &INDERBITZEN ATTOIINEYS AT LAW Y.O.B 3.6 tiAN RAMON.CA 04083 I The COUNTY OF CONTRA COSTA and its agents and employees, 1 including roadway designers, maintainers, planners, builders and 2 developers, were acting within the course and scope of such agency 3 and employment in doing the things hereinafter alleged. 4 On January 27, 1990, and prior thereto, defendants and each I 5 of them so negligently designed, owned, maintained, built, 6 developed and controlled that portion of the intersection of 7 Pleasant Hill Road and Mt. Diablo Boulevard located in the City of 8 Lafayette, in the County of Contra Costa, State of California, by 9 negligently maintaining, designing, installing and operating 10 mistimed signal lights to warn vehicles travelling at the 11 intersection of Pleasant Hill Road and Mt. Diablo Boulevard which 12 lead to the entrance of Highway 24 in Lafayette, California. The 13 above described public property was in a dangerous condition such 14 that it created a substantial risk of the type of injury 15 hereinafter alleged when the property was used with due care in a 16 manner that was reasonable foreseeable that it would be used. 17 Claimant, KATHRYN L. STEEL, was driving her automobile 18 (hereinafter "Vehicle 1" ) northbound on Pleasant Hill Road in the i 19 City of Lafayette, in the County of Contra Costa, State of 20 ;• California, and Driver of Vehicle No. 2 (hereinafter "Vehicle 211 ) 21 was driving eastbound on Mount Diablo Boulevard in the City of 22 Lafayette in the County of Contra Costa, State of California. 23 Vehicle No. 1 had just entered the intersection on a green light 24 when, at that same moment, the light for traffic traveling 25 eastbound along Mt. Diablo Boulevard had turned from yellow to red, 26 2 I McNICHOLS,McCANN &INDERBITZEN ATTORNEYS AT LAW Po BOX 348 SAN HAMON.CA 94583 (415)838 7600 I I 1 leaving no gap in time for a vehicle travelling through the 2 intersection on a yellow light to clear said intersection before 3 the light turned green for traffic travelling on Pleasant Hill 4 Road. Vehicle No. 2 crossed through the intersection striking the I 5 vehicle in which claimant was driving, causing serious personal 6 injuries and mental and emotional distress to claimant KATHRYN L. 7 STEEL. The personal injuries and mental and emotional distress of 8 KATHRYN L. STEEL were proximately caused by the acts and/or 9 omissions of the COUNTY OF CONTRA COSTA herein above alleged. 10 The COUNTY OF CONTRA COSTA had actual knowledge of the 11 existence of the dangerous condition and knew or should have known 12 of its dangerous character, i.e. , that the traffic lights at the 13 intersection of Pleasant Hill Road and Mt. Diablo Boulevard were 14 mistimed such as to cause vehicles to enter Pleasant Hill Road on 15 a green light at the same time that the traffic light for the 16 eastbound traffic on Mt. Diablo Boulevard was turning from yellow 17 to red. 18 The COUNTY OF CONTRA COSTA had actual knowledge of the 19 existence of said dangerous condition and knew or should have known I 20 of its dangerous character a sufficient time prior to January 27, i I 21 1990 due to observation, complaints, reports, and other accidents 22 on that portion of the road, and should have taken measures to 23 protect against the dangerous condition. The COUNTY OF CONTRA 24 COSTA had the authority and it was its duty to take adequate 25 measures to protect against the dangerous condition. 26 Returning of the traffic signals or devices was necessary to McNICHOLS,MCCANN 3 &INDERBITZEN ATTORNEYS AT LAW P.O.ROX 346 SAN RAMON.CA 94583 (415)035-7600 1 eliminate said dangerous conditions, as provided in Government Code 2 Section 830.8. Failure to properly time the traffic signals or 3 devices endangered the safe movement of traffic and would not have 4 been anticipated by a person such as claimant, who was exercising I 5 due care at the time of the accident. i 6 5. Claimant's injuries are damages for personal injuries and 7 mental and emotional distress. 8 6. The names of public employees causing claimants' injuries 9 are unknown at this time. 10 7. The amount claimed exceeds TEN THOUSAND DOLLAR 11 ($10,000.00) , therefore, no dollar amount is included herein 12 pursuant to Government Code Section 910. 13 8. Jurisdiction over this claim would rest in the Superior 14 Court of the State of California. 15 Dated: " 16 McNICHOLS, McCANN & INDERBITZEN 17 18 19 By: I NORB T //FRO.ST 20 Att(tney r Claimant 21 i 22 23 i 24 25 26 WNICHOLS,WCANN 4 &INDERBITZEN ATTORNFYS AT 1AW P.O.BOX 346 SAN RAMON.CA 945H3 1415)636-7600 i .t.f n . fD O ItQ3 .0 0 , d N O N fl �fl s �Fi�r • --- . CLAIM l� c3S f BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, .) NOTICE TO CLAIMANT June 5 , ..1 9 9 0 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 C;oveerngnbCodeISL".I Amount: $1 , 545 . 31 Section .913 and 915.4. Please note all arni qs". CLAIMANT: VOORI-IEES , Lance MAY 1 1-90 ATTORNEY: rfi- !ez,, ,GA-6 Date received Hand delivered ADDRESS: 249 St . Germain Lane BY DELIVERY TO CLERK ON May 10 , 1990 Pleasant Hill , CA 94523 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of. Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 11 , 1990 ��IL �eputyLOR, Clerk J CL OXA4A4 A J Ann Cervelli 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 weare so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave.to present a late claim (Section 911.3). ( ) Other: Dated: �1�1 (�j`j BY: S" Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely.with notice to claimant (Section 911.3). IV. BOARD 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: ct(1 Dated: JUN' .5 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: JUN 1 1 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 bepresented not later than the 100th..day after the accrual .of the cause- of action. Claims relating to causes. of. actibn..'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 dater` 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 againsta 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 penaltyfor• fraudulent claims, Penal..Code- Sec. 72 at the end of this form. _ . RE: Claim By ) Reserved for Clerk's filing stamp C'r- loo,zlie 4_:- .S ) i .: �. 71:7 Against the County -of ContraCosta ) : r-4AY 1 0 1990 or F ` a GATCHrLc �• District) IERK.i ac..- :;�. :S02S Fill in name ) °coit The undersigned claimant hereby makes claim against .the County of Contra Costa or the above-named District in the sum of $ /$y�j, 3 j and in support of this claim represents as follows:. ; ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) ------------ 2. Where. did the damage or .injury occur? (Include city and county) ke,4s►o,A-7 roc LL �_a,= jos co'-'1 T_ �.��nb _�� s��✓� �\ Con �� G,s' (31 0 3. How did the damage or injury occur? (Give full details; use extra paper if _ required) Z .00&" ".m'r czq,- -TN✓o`-1G{1 iN<< 01,41,14 k'L Lo ^T, 1v16Fl?, 'n 5 -r&t ot>Co, : 'Tr/` w►9zE� i, 44 f�4Jeo _i g7 fi 7 Pn 61 ne . . i`if tb -v w 64-Rv A'L : koj. Fvw,L 04e U1W ------- 4. What particula.r:act or,omission on the .part of county-or district officers, servants or employees caused the injury or damage? F�Jtzo KV_U� 11 {fe Lrber Ano oro tit l'oS -� VAG.. S'16V� 6-e(ilq (over) 5. What are the names of county or district officers, servants or employees causing, the damage or injury? ' 6. -' What damage :or•-in juries':do-.you claim: resulted? ".(Give. full extent. of .injuries- or damages claimed. Attach two, estimates- ,for auto .damage. .` _eo 114 7. . How was the, amount claimed) above. computed?.:, .(-Include the. estimated, amount of: any prospective injury or damage. _fm I tit �(,� �,,,S d�v�v �r tiL�J C", - A 8. Names and addresses of..:witnesses, doctors-andl 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 Claimant's Signature Address Telephone No. Telephone No. 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'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. Lance Voorhees 249 St . Germain Ln. Pleasant Hill CA 94523 415-685-4009 Contra Costa County Risk Management 651 Pine St . Martinez CA 94553 To whom it may concern: On Jan . 12 , 1990 at approximately 9 : 55 P .M. I drove my 184 Chrysler Lazer through the parking lot behind Target Store in Pleasant Hill : I was not aware that the parking lot was flooded with water. My car and several others were damaged including : Sandi Gerton (935-1187 ) , Seb Vota ( 932-4500) and in a pre- vious storm, Chuck Streetz (935-7108) . 7746- Cave TIES Siam+ Dr✓9�r� wF1S PC 066---0 v/-, My engine compartment flooded with water causing one of my' engine heads to crack and other damage. The total cost of repairs is $1548 . 00 . When I verbally informed you of my claim in January, the claim was turned down. I never did make a written claim. As per the laws of the State of California, I am making a written request for the reimbursement for damages before filing a small claims suit . Here are some names and numbers that will assist you in determining who should be responsible . for damages : The parking lot managers Jarvis and Associates (talk to Valerie Tom) 433-3555 Target Stores district manager Steve Hayes 818-899-7152 Roto Rooter, (Steven Lee) 939-3100 .. Thank you,,/ Lance Voorhees See attached cost of repairs . • • - • • • • • - 1 1 T372 .15 CE 1 . • • so • • • I g I • • • F.tvt'r,.L•�.t•ii-T:L��:�:��;:L�:}.t�[``'':6�:'�'t�_ -i iS'='w��Xftr�_•1�.-�rer•�;_.t-.-Yr.�C3:_u=�ler•�_ =`t Yrtr -�'lr�r' �u.,yr,er•3'_u�;Leer' •_`Yl�T1•u`•�,l�r -`�ti iY��r.••_ux}er _ 1 '• 1 1 1 / 1 1 1 1 II 1 1 r'�•.`.Yrer,.;�.-ti;Y:°e•-=LL«�'�;:tr•i•_u=Yf.�.•- • 1 1 1 I��fir.f{�_ y_�:.J e'Ci:••/_�C,..i�c.,/ 1 • 1 1 1 f 1?�S:L�.'. ?,iS:L ' ?'�'r:i�l.. r�•_u.�fer.3_u.,�r:r' :u•"y:tr• _.t=Yrer�� 1 1 1 1 r�•_U' -:Ar •v.:-•-.Sr,{:u.-..-,tar• _u— 'a;. - `•:'i.: �iS id4'. iS:r. ':'i�:4 'iS• �`��i!=•L��,'•,��:./L..��i�•JL��i¢-� e,_i s. I`.t .F.. I,_f :.�.. t.� ,.�.. t,.e _.t:.. t,.e • • • y �:�..:t'—/7-�:=;i-��:�:..:i,r.�:�:..:i-1�: `rad•- ae: F,a�.�..-y. 1, C-•may p,•G •-U .ar,-''U' ORIGINAL ESTIMATE A,; PARTS AMOUNT rrtr:�_'_•t'.y f er;f•�u.:yrtr::�"_V'•vrer:�:'_`I'•vrtr'�'__u'Yr!r.,�:�u..� GAS, OIL, LUBE1 � il.ti�� .•7J'A�:•?•)J',1!r!=,�)J=ti ►�')1-:ti-,i: )J-:1�r: SUBLET AMOUNTTOTAL CHARGES • • • MISC. CHAAGES • �rer.e:�ai= rer a:_u= er , e :,'' a t :, � 1�` -•v�Y ;->•:".•v:Y :-t�:.•�11. ,-t'�;_,�:il=��=�_• Cil��f+:•�: - %-Yl'�:- %'L �! ^' 9_S•�.'1-^'11��•.l�t 11��-�_L"~Iy' ,.e_L-1....ja, 1.. , ,�er.�:,u.;.:��r.at.,a.:'-ar'�•:V?•�:�t•�•_v?•-•-ger..-�U..rar'�••U..: Xr � 'i;.1{i=�:i171{.:•�•)�J':ti{r'�`)J',ti�i'�•)�J:ti 'r,•'�•),J:ti ir:•�'' • L.: I,_; i� 1_[�- ,t:-. 1,_ 'L,1... 1_t�+,�._. I;!i»;.t•: 'I_[�a't' rtr.-4:_�t� !r+:-:>,' ��r:•�:-tt�.: : L+�:�:,.a-1�:�:�a—ly:�:,,a--1�7:•1:i::i—I�:.�a„a,l�:?:,,a •J I•.e,r.�F I..elr.:L I'•�Ir.:l: 1'![rr•.`.. t.e,r..4.. I. [rr.. � -.tr•�L,at3-•-.tt,yL,a.r� er•�:,u..-��tr�t=�at.•_.-�er'_+:,.er.-��tr�:wr.: J_•_J ••�� J"•'• .J! l '• �� ! '• �� 1,l•' �J!_1 —. t"_1 t?iia.l 4.'• ;�?,ii�.� .'�� ?, a��:: I?e� 7� _ I i� 74Gt�iiS:4 c ,cl.4•.�•-Y...�+"_�•�(..;a:4�.,�.y...�:4;-�•Y..�!•.•.�.Y....4_4r -0: - 'J 1 r �'.r 1 -vr 1 r ,'•• 1 r :rr-, r: •rr-, r, ' � tiiJZC�G��7iJ-��: L1.�'S'►,%: J�.t'�Vis: i.-�:��1:,/j.��' L I`i .i t t .t: e,_r .r. tf�it_.i•` t;�it_.6.. If�it. 7I9 ,�r_'�i.: i7:yJ`4'►ice 1J��•►ii7`1J.�r;.'►ice 1J�`�`i��I:t'��;=�/�rC.�� • - •-I qtr.{:,at? - ec'�=_.i..:�c�'�:,a..:::er�«•...:;�te��,a�.: s1 its,i�St �- �, t t _ I::S!'_t t:=s,� �-•-�- y •,'(• y,v��•�. .„Y':�',rC��L -�'•i.:. '•� 111 • -�.! �.•; �-..�L..-`• .�1.. .a. ._��...-►-moi-: f., t �-,�j..j . • 1.--►_1-:w::'� _-,►'':� _-1 �' •7J':ti ►..v• •-• • • County Counsel �• M CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA MAY 1990 Claim Against the County, or District governed by) 0 ,A 9,4553 the Board of Supervisors, Routing Endorsements, •) NOTICE TO CLAIMANT JUNE 5, 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: 5250.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT. WILLIAMS, Reginald ATTORNEY: Date received ADDRESS: 12000 Marsh Creek Road BY DELIVERY TO CLERK ON May 7, 1990 Clayton, CA 94517 BY MAIL POSTMARKED: May 4, 1990 I. FROM: Clerk of the -Board of.Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Ma 8, 1990 PpHHIL BATCHELOR, Clerk DATED: y BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Sup isors ( ) This claim complies substantially with Sections 910 and 910.2. (v ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed: The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: nn � Dated: i �q(). BY: x. �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 (.V<This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered inits minutes for this date.pp�� Dated:1J UN 5 19 M PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec ' 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. J U Dated: N 11 --wo BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM T0: Regin d Williams 12000 Ma Creek Road Clayton, CA 517, Re: Claim of REGINALD WILLIAMS 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. 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: qu Deputy CQ�ty Counse� CERTIFICATE OF SERVICE BY MAUL C.C.P. SS 1012, 1013a, 2015 .5; Evid. C. 99 641, 664 ) My business address is the County Counsel' s Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69 , Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s ) having delivery service by U.S . Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: 11 \l o\ at Martinez, California. cc: Clerk of the Board of Supervisors (original) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4, 910 .8) K I • Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNYY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to pers,n or to per- sonal property or growing crops and which accrue on or before December 31, 198?,. must be presented not later than the 1001th 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 crust 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, CoLL-Zty Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claire is against a district governed by the Board of Supervisors, rather than. the County, the nacre of the District should be filled in. D. If the claim is against more than one public entity, separate claims muses be filed against each public entity. E. Fr?ud. See penalty for fraudulent clairs, Penal Code Sec. 72 at the end of this form. RL: Claim By ) Reserved for " !'' ''-iia tamp lip T s Against the .County of Contra Costa ) MAY 1990 or CLEFT; 71Rad l!® lt/\tal,i.� District) U . rill in name ) The Lzndersigned claimant hereby makes cla?q, r°ounty of Contra Cos`.a or the above-named District in the sum of $ and in support, of this claim represents as follows: � Q �^ pp ------------------------------------------------------------------------------------- 1. When did the damage or. injury occur? (Give exact date and hour) 1119,Wks ----- -- ----- 2. Where did the damage or injury occur? (Include city and count - - 3. How did the damage or injury occur? (Give full details; use extra paper if required) ------------------------------------------------------------------------------------ 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) /:: 5. What are the nares of. county or district officers, ^r -Musinz. the damage or injury,? --------------------------------- �_t c� s_.___.___-------__- 5. What damage or injuries do you claim resulted? ccf,Z•t; ; ew T c-T 5: ,j=ies or damages claimed. Attach two estimates for auto dwnagew. 7. How was the amount claimed above computed?, (Inc1r.d& t"e� ewt m"Led: a==t of any prospective injury or damage.) -----------------=- ------NDK5- ----------- ------------------------------------ 8. Names and addresses. of witnesses, doctors and hosp.�tz0a,. ks 9. List the expenditures you I' de" on account bf this ac l;dta rrgin,i�mr.r DATE ITEC! i�` ?� ` Gov. Code Sec. n7,a-).2 "The claim must b,�. a rt,�.ed'. tR t;tm fal r",�; SEND NOTICES.TO: . (Atto"nev) or by some oers=r,=.er;; 1a, be ' :a ._ Name and Address of Attorney ClaimnZ"s; Addre��;J: Telephone No. ---_ I Telephone No. . ��_"",- • N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents fits. a_ ew rc:?, W, fbr payment to any state board or officer, or to any county,, ci'fyp w. " _izi ? aTd or officer, authorized to allow or pay the same if genuine,. array. fajap.: crz 1=udbamt claim, bill, account, voucher, or writing, is punishable: e'; h by, irrprflm mrent 3n the county jail for a period of not more than one year, by; at bane, o n :rzt; e=eeding -.one thousand ($1,000), or by both such imprisonment and ."'ane,, err .F ;u:,r-jscr=nen,t in the state prison, by a fine of not exceeding ten thousuid dbia2��i I-IkI ( (C)q Cr by both such imprisonment and fine. MAY 71990 CLERK BONG O�SIrE^'d!SOP.S COn?r,n COSTA CO. .� u .................... ... Ce u, o c� FD -o o A, '4 c9 3 c, w J. 3r AMENDED 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 5, 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: $184:49; Section 913 and 915.4. Please note all "Warnings". CLAIMANT: JOAQUIN, Manuel ATTORNEY: Date received ADDRESS: P.O. Box 1801. BY DELIVERY- TO CLERK ON May. 11, 1990 (via Counsel) Martinez, CA 94553 BY MAIL POSTMARKED: May 10, 1990 I. FROM:. Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 18, 1990 PpHHIL BATCHELOR, Cler .DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of ervisors 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 fate and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 21 BY: I /� Deputy County Counsel oVA,4� -1 vi . 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 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:_ 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: . JUN 1 1990' BY:• PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator • • VECTOR J. WE MAN I �\``\� CONTRA COSTA COUNTY COUNSEL . TO �y`J_v\ \� \1 P.O. BOX 69. CO. ADMIN. BLDG., W MARTINEZ, CA 94S53 l 1 DATE � \� � SUBJECT M iAY 11 1 90 CLE:K.SQA!l)OF 3UPUMSORS CONTZA COST:CO r L) OR"/ Olaim 'to: BoARD OF SUPERVISORS OF COATRA COSTA OOUNTY INSTRUCTIONS TO CLAIMANT A. Clgims relating„to.,causes of action for death or for injury to perso 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�b& filed`'with the Clerk of the -Boardof'-Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If clalm 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 agalnst::;more thane one public entity,-:separate: claims must. be filed against each public entity. E. Fraud. See peniltyifor fraudulent claims,' Penal.Code Sec. 72 at the end of this fs {i fl !4 • i6 i „ 1!. # 10-'Aj. #.,#':, 6 W. i4. !F it W W dt * 4F. 0. it .0 {4 IF . 0 0 # RE: Claim BY. l ) Reserved for. Cl 7rk's filing s • Y /, ' ', J V\ ) �C EJ D Against the County of Contra Costa ) �,�a�r or Q rna -101 179C District) sur vaso Fill_.in name ) s The undersigned claimant hereby makes claim against the ounty of Contra Costa or the above-named District in the sum of $ `,, ), << 4 and in support of this claim represents as follows: - � ----------------------------------------=-� --------- ---- ------- - 1. When did the damage or injury occur? (Give exact date and hour) --rA y) 0 ( � I O --- u—n-------------'-- — Z ------L Lt�C.--- �— --------- --- 2. Where did the damage or injury occur? (Include city and county) ---------------------------------- 3. How did the damage or injury occ ? (Give full details; use extra ?!perif ` ^ Q required) 3��V1 � E 1 ft O C-Uu- -�� , 3 SQ CO�-�,, ;. 0,:Ku - - �RS�� co" 4. What particular act or omission on he part of cowity or distric,. o facers, servants or employees caused the injury or damage? V) 0c) Xv uO 1) 5 0 le -Z to er4�nf 6r fl S O (over) now x1LCFZ--%;UJ1Uwsunry,-e:allLornia. I certify under: penalty of perjury that the foregoing is true and correct. Dated: I Lao , at Martinez, California. Q5 �'- 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 5 , 19 90 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of Cali=fornia Government Codes. ) the action taken on your claim by the Board �f � rviiors (Paragraph IV below), given pursuant to Governom t ioPounse! Amount: $ 100 . 00 Section 913 and 915.4. Please note-all "Warp 44�"� I 13-9 0 CLAIMANT: STANKO , Mike liaea�z; C;� 86 ATTORNEY: Terrie Mocker Date received From County Clerk ADDRESS: P .O. Box 705 SB 126 BY DELIVERY TO CLERK ON May 10 , _1.990 _ Soledad, CA . 93960. BY MAIL POSTMARKED:May 7 ; 1990 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Mav 11 1990 PpHHIL BATCHELOR, Clerk �} DATED: , BY: Deputy rh... IoA" A n Cervelli 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: Cj �� 110 BY: QA, S Nii 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. Qnnnn Dated: JUN 5 ' 1990 PHIL BATCHELOR,, Clerk, By Deputy Clerk WARNING (Gov. code se 913) Subject to certain exceptions, you have only'six (6) months from the date this notice was personally served or deposited in the mail to file .a court action on this claim. See Government Code Section 945.6. You may seek the advice of-an attorney of your choice in connection with this matter. If you want to consult an attorney, you .should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of .this Board Order and Notice to.Claimant, addressed to the claimant as shown above. . Dated: JUN I 1 10, BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Mike tanko P.O. Box 05 SB 126 Soledad, CA 960 .Re: Claim of MIKE STANKO 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 By. Deputy e unty Couns 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: �� I V , at Martinez, California. cc: Clerk of the Board of Supervisors �riginal) � Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 . 4, 910 .8) t' :.y#iiµ• .r.xti+`�.,`+`jy.'`:.�•_.f?C�';i: i';a'.S�` .. ' SUPERVISORS OF CONTi COc T"7TC? neu � TrTYn lIn"Ai aPID1 =lon to-, ~ Instructions to Cla i rant Clerk of the Board P. 0. Box 911 Martinez, California 949.13 A. Claims relating g to causes of action for death . or 'rar in�ury to person or to personal property or' growing crops must .be presen.ed 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) .. 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 C�a1iT1 15 acainst a dlSt:i Ct COVe;:lerJ' bV the 70c�^_ Oi SuC_ erV_sors , rather than lite CoL'nty, the name Of the .D1St�1Ct should be _�?led in. D. If .the, claim is against more than one public 'enti tv, seaarate claims mu''s t be --Filed against each 'Public eY:t'_ty. E. Fraud. See peralty for . fraudulent claims , Pe.,,-,! Code Sec 72 at end of this f0=m. t :.RE: C1aim- �byy c ) Reserved or Cle, . ?inc stamps SMC-- . ) M1I I 1-) MAY 1 0 1090 Ac a_ s t the :'COUNTY ,O/F CONTRIA COS:T or 1 DIS^ C i_ _ ... (�� - .-Jtx. "�t.• . . The undersigned claimant hereby makes claim aca_ . y the Cou 'ty of Contra Costa or the abcve-traced District in the sum of $ dIP,rA,�/�te!5 and, in. support'-,•of this claim. represents as• .follows : . ------...--------=----------- ------ - -- ].. 64hen dic:.._the damage or injury ucc.:r? (Give'e�;act date^and hour) -- 2. Where did the damage injury occur? (Inc'_ude city and county) _ _ --�L ---- c2 —�- —�------------------ -m--age-or3. row did the ci jr4 ury occur? (Give L`11 details , use extra sheets if required) 4 . What ar�icular act or omission on the part r dIS%..z ^� P o_ courty. or _ officers , servants or employee.; caused the injury .br damage? - (over). � f;•ik'; Va-:� q �!.n• 'l'r:.•y�l ilSiC' 4xc:(r"f�13': .`:�'' - .. e..'riames of county or distric - t of__-e_s , servantsor to ees :causing the damage or injury 4,77�T� y e or ir_ eL-2-- _ rr� 7 -- ---- - --- -- f ----------- ----- 6 . What damage do you claim resulted? ( -ive ull extent of injuries or damages claimed. Attach two estimates for auto damage) - -----� - L�-��__ _ -- --�© - ---- ---------------------- . .. :.'How .was . -he amount claimed hove computed. (Induce the est-`mated =amount:>of ;-any`:•prospective injury or damage. ) 8. Names and addresses of witnesses , aoc ors and hospitals. --- - ' - ods__ • _ so_�,d�___ - --- 9 . "List the expenditures you made on account of tzs. .acc=dent or injury: DATE ITE:•i AMOUNT „� s DA /� ZZ ******* **************************** ***x******x*******x***********�.** _ Govt. Code Sec. '1010. 2 prcvides : ,•P� - "The claim signed by the claiman- SE`ID N 0 T I C T0: (Attcrnev or by some person on ,his behalf Name and Add�rfes�shof 'Attorney _ _ .. r i _.:a^!.. ' _ ....0'nm Q .. Addres �n a,R.�?Nuc. LAI-) c,�, k1 rr _3 vt. �� 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 sane if genuine , anv false or fraudulent claim, bill, accour;t , voucher ; or writing , is guilty of - a felony. " ;V moo.: C•J� � �t 1 V SAL/ 1 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 June5 IQ 9 Q and Boari Board Action. All Section references are to ) The copy of this document mailed to you s your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Govern�m/e-t Amount: Undetermined Section 913 and 915.4. Please note alPQA*rn ngs". CLAIMANT:VIGr Robert E . t�AY 11' 1990 CA� 3 ATTORNEY: se : Date received ADDRESS: BY DELIVERY TO CLERK ON May 9 , 19.90 4187 Nulty Drive Concord, CA 94521 BY MAIL POSTMARKED: I-land delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel .Attached- is a copy of. the above-noted claim. DATED: May 11,, 19.90 PpHHIL BATCHELOR, Clerk � BY: . Deputy Ann Cervelli 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 BY: IJ S• /-' Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORD 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: JUN 5 1990 PHIL BATCHELOR, Clerk, By _, Deputy Clerk WARNING (Gov. code se ion 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. . You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I .declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUN 11 19go BY: PHIL BATCHELOR by. Deputy Clerk CC: County Counsel County Administrator 7'ZS aC CIVy Se4Vl -&,D rrZd r-h neZ` r/.y )s3. 9 4' 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 ) y i Against thVCounty of Contra Costa ) `''"Y 91990 or � � ) �f' / [(/� ! _ • ,^ / District) C;_R C u F TRA C fr1F,i Fill in name ) oP �ry . The undersigned claimant hereby makes clai agai st the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) =✓�G"p�c�D iYl� _ �Ol_��1__-�—�-----1—�--- / 01 -----•__��G►_/ 2. Where did the damage or injury occur? (Inc lu e city and county) - � -r-� �--- - �j- =----------------------------------- ---- - 9 3• How did the damage or injury occur? (Give full details; use extra paper required)/-/ e4a/=leS C/Gl-(1' WRVi�7y wct�re.-` I?laCJ 01q �r►1'Se ?o / J d // d/j 6i'Dun�S f'L01' / /T�o`' �rj i.J�eii 1 /�' C'04 4. What particular act or omission on the part of county or district officers, tG � sib servants or employees caused the injury or damage? dfu e- nn y over)( yl /201 1^) (Th 4YI 1�_. •auT3 pue quamuosTadmT eons ggoq Aq JO '000`0T$) -sJETTOp puesnogq uag BuTpaaOxa qou 30 aura E fq 'uosiad agEgs agq UT guamuosTadmt Aq JO '9uT3 puE guamuosT.zdmT eons ggoq Aq .zo '(000'T$) puEsnogq auo �uTpaaoxa gOu 30 auT3 E �q 'JU19A auo uEgq ajom qou 3o poTied E .zo3 -[TEC dqunoo auq UT quamuosT.zdmT Aq .zaggTa aTgegsTund sT 'SuTgTam azo '.zagonon Iqun000E 'TTTq 'mTETO quaTnpnwJ JO asTE3 Auu 'auTnuaS 3T aures au-4 A-ed ao MOTTE Oq pazT.zoggnE 'a9OT33o . .zo pavoq gOTagstp JO BgTO 'Aqunoo Aue oq ao 'aGOT330 ao pawq agEgs Auu oq quame ud 103 ao aouEMOTTE JO3 squesead 'pnpajap.oq quaquT ggTM 'oqm uosaad S.zanS,, :sapTnojd aPoo Toad aqq 3O ZL uOTgOaS a0I10N p ON auogdaTas 'ON auogdaTay ssa.zppy a.,mgEuS-r s q TETO , Aau.zOggV 3O. ,ssa.appy puE GUM u'3TEgaq sTg uo uos &q .ao (49u.zoggy) , :OZ SMI,LON QNES quuwTETO agq Aq PauSTs aq gsnm mTETo aq,Lu :sapTnO.zd E-0-16 'OaS aPOO 'AO-j p'2 aa,7rrgp 1/ur try , ZNflow WSLI aLVG h�n�,!/�a/ /� :A.MCuT .ao qu/apTTOO,E s?qq 3O qun000E uo ap,mm.noA sa,zngTpuadxa aargq g�STJ '6 /Ur/ �j`'/� U .��'/jI/ '' '��/o U GG p/S_ Cy/yr�✓� JP'2 0 'y ! � � v SAY / � , /� ��" �✓�/b� 2,�,-d' /��'/rl..uuv-r�� j��o�vo� OS�an�/ Osl/ �' )✓U,oXlp�/ v w• vji ( C O ,d slugTdsoq pue s.zogoop sassaugTM 3o sassa.zppE puu sameN ---�------------------------------------------------------------------- (•a2EmEp JO A.MCuT anTgoadsoad Auu 3o qunome pagEmtgsa agq apnToul) LpagndmoO anogB pamTETO gunomE agq seM Mog •L 's�a�9•c.iGl fiY � .:.was � � ��> .�✓ aha � Sso �/C �aclo✓G� �' SS D� a�EmEp ognE .zb3 S;94MTgs9 OMq gOEgg -P9 ufiETO s ?emEp JO sa ,mCut o ua xa ant a saa mtE o noA o sai mCut .zo a� E T 3 g q TT� .0) aP gTn T P �P q qM '9 ------------------------------------------------------------------------------------ / vSs a�1/✓r»�/ ��''�L� ��/�— �?"�✓� S�)�`� LKMCuT JO aSEmEp agq BuTsnuo s/aeAoldma ,zo squen.zas 's.z90T33O gpTJgsTp JO Agunoo 3o sameu agq a.ze geV •5 /• 3 APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT June 5 , 1990 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to .) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the "WARNING" below. Claimant: County Counsel BRITT, Tristan Attorney: Richard J. Staskus MAY 11' 199,0 A Professional Corporation M1'artineL cAjg%md Address: One Almaden Boulevard, Suite 600 San ,Tose , CA 95113 Amount: ?5 , 0 0 0 . 0 0 By delivery to Clerk on May 9 , 1990 Date Received: May 9 , 1990 By mail, postmarked on May 7 , 1990 CERT Mail P 066 735 891 I. FROM: Clerk of, the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Applicat' to 'le La t )aim. DATED: May 11 , 1990 PHIL BATCHELOR, Clerk, By Deputy Ann Cerve111 II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911 .6). The Board should deny this Application to File. Late Claim (Sectio 11 .6). DATED: 5 ti`s 5 VICTOR WESTMAN, County Counsel, By '' �- Deputy III. BOARD ORDER . By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted. (Section 911 .6). ( � This Application to File Late Claim is denied (Section 911 .6). .I certify that ,this is a true and correct copy of. the Board's Order entered in its minutes for. this date. DATE: JUN 5 1990 PHIL BATCHELOR, Clerk, By Deputy WARNING (Gov. Cod 911.8) If you wish to file .a .court action on this matter, you must first petition the appropriate court for ari order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition.must be filed with the court within six (6) months from.the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. If you want to consult an attorney, u should do so immediately. IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on-the Board's copy of this Claim in accordance with Section 29703.. DATED: JUN 11 1990 PHIL BATCHELOR, Clerk, By Deputy - V. FROM: 1 County Counsel 2 County Admi ist ator TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM LAW OFFICES OF RICHARD J. STASRUS 0(1 A PROFESSIONAL CORPORATION �� - a ONE ALMADEN BOULEVARD, SUITE 600 q ;r y a 7s l SAN JOSE, CA 95113 �j � �`C (408) 995-0800 MAY 9 11990 ► Attorney for Claimant- 'riUEA CHELC`l . cc r .A CuSTa It TRISTAN BRITT, ] ] Claimant ] ] APPLICATION FOR LEAVE VS. ] TO PRESENT LATE CLAIM COUNTY OF CONTRA COSTA; ] CITY OF CONCORD; ] DOES 1-20 ] Respondent ] TO: Board of Supervisors City Counsel County of Contra Costa City of Concord 651 Pine Street, Room 106. 1950 Parkside Drive Martinez, CA 94553 Concord, CA 94519 1. Application is hereby made pursuant to Government Code §911. 4 for leave to present a late claim founded on a cause of action for personal injury which accrued on or about May 20, 1989, and which claim was not presented within the six month period provided by Govern-ment Code §911. 2 . For additional circumstances relating to the cause of action, reference is made to the proposed claim attached to this application. 2 . The reason no claim was presented during the period of time provided by §911. 2 of the Government Code is that the claimant did not intend to pursue any cause of action because she did not feel that there would be any complications with the injury which she suffered. Presently, she has been experiencing complications, 1 and in order to protect her rights she would like to submit a claim and file a complaint forthwith in the event her claim is rejected. WHEREFORE, it is respectfully requested that this application be granted and that the attached claim be received and acted on in accordance with §912 .4-13 of the Government Code. DATED: May 7, 1990 THE STASKUS I JtAW FIRM B D STASKUS Attorneys for Claimant 2 LAW OFFICES OF RICHARD J. STASKUS A PROFESSIONAL CORPORATION ONE ALMADEN BOULEVARD, SUITE 600 SAN JOSE, CA 95113 (408) 995-0800 Attorney for Claimant TRISTAN BRITT, ] Claimant ] ] CLAIM FOR DAMAGES VS. ] FOR PERSONAL INJURIES COUNTY OF CONTRA COSTA; ] Government Code §910 CITY OF CONCORD; ] DOES 1-20 ] Respondent ] TO: Board of Supervisors City Counsel County of Contra Costa City of Concord 651 Pine Street, Room 106 1950 Parkside Drive Martinez, CA 94553 Concord, CA 94519 You are hereby notified that TRISTAN BRITT, whose address is 1303 Veale Avenue, Martinez, California, claims damages from the County of Contra Costa and the City of Concord in an amount computed as of the date of this claim of $25, 000. 00. . This claim is based on personal injuries sustained by claimant on or about May 20, 1989 in the vicinity of 1377 Cape Cod Way, Concord, California, under the following circumstances: Two adjoining portions of sidewalk were misaligned in such a manner that one slab of sidewalk was approximately 2" higher than the other. Additionally, there were other circumstances including vegetation growing over the raised sidewalk which hid the condition. Claimant struck her foot against the raised section of the sidewalk and experienced a spiral fracture of her toes. The 1 accident occurred in front of a residence located at 1377 Cape Cod Way. There were additional areas of the sidewalk which had 1 to 3" height differentials between adjoining slabs of sidewalk. The names of the public employees causing claimant's injuries are unknown. The injuries sustained by claimant as far as known, as of the date of presentation of this claim, consist of cervical, lumbar and thoracic musculoligamentous strain, spiral fracture to the toes, and mental and emotional injury. The amount claimed as of the presentation of this claim is as follows: Damages Incurred to Date: Medical and Hospital Care . . . . . . . . . . . . . . $ 4, 000. 00 Loss of Earnings . . . . . . . . . . . . . . . . . . . . . . . . 2, 000. 00 General Damages . . . . . . . . . . . . . . . . . . . . . . 25, 000. 00 Estimated Prospective Damages as far as known: Future damages .for medical and hospital care . . . . . . Uncertain Future Loss of earnings. . . . . . . . . . . . . . . . . . . . . . . . . . . . Uncertain Total amount claimed as of the date, of presentation $25, 000. 00. All notices or other communications with regard to this claim should be sent to claimant's attorney Richard J. Staskus, Esq. at One Almaden Boulevard, Suite 600, San Jose, California, 95113, (408) 995-0800. DATED: May 7, 1990 THE STASKUS LAW FIRM By ffeys S SKUS ..40�orfor Claimant 2 LAW OFFICES OF RICHARD J. STASKUS A PROFESSIONAL CORPORATION ONE ALMADEN BOULEVARD, SUITE 600 SAN JOSE, CA 95113 (408) 995-0800 Attorney for Claimant TRISTAN BRITT, ] Claimant ] DECLARATION IN SUPPORT OF ] APPLICATION FOR LEAVE VS. ] TO PRESENT LATE CLAIM ) COUNTY OF CONTRA COSTA; ) CITY OF CONCORD; ] DOES 1-20 ] ) Respondent ] I, RICHARD J. STASKUS, declare: 1. I am an attorney licensed to practice law in all courts of the State of California; 2 . I am the attorney for the claimant in the instant action; 3 . Claimant was involved in a trip and fall accident on May 20, 1989 on the sidewalk in front of a residence located at 1377 Cape Cod Way, Concord, California. 4 . Claimant suffered a spiral . fracture of her toes. Claimant did not believe that she would suffer any additional complications and had no intentions of pursuing a claim. I am informed and believe, that Claimant has experienced some complications with the injury and wishes to protect her rights at this point in time by filing a lawsuit within the one year statute of limitations against the applicable governmental entity responsible for the condition of the sidewalk. 1 5. In order to protect her rights, Claimant is filing this Application for Leave to File Claim and requests that the public entity act immediately thereon. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Jose, California on May 7, 1990. D J4STASKUS 2 PROOF OF SERVICE BY. MAIL I, CAROLE M. ZITZER, declare: I am a resident of the County of Santa Clara; over the age of eighteen years and not a party to the above-entitled action; my business address is One Almaden Boulevard, Suite 600, San Jose, California, 95113 . I served the APPLICATION FOR LEAVE TO PRESENT LATE CLAIM, CLAIM FOR DAMAGES FOR PERSONAL INJURIES, AND DECLARATION OF RICHARD J. STASRUS on the interested parties in the within action by following ordinary business practices and placing for collection and mailing at San Jose, California, on May 8, 1990, by placing a true copy of the above-referenced document(s) enclosed in a sealed envelope addressed as shown below; in the ordinary course of business, correspondence so deposited will be deposited with the United States Postal Service the same day. That there is delivery service by United States mail at the place so addressed and/or there is a regular communication by mail between the place of mailing and the place so addressed. I declare under penalty of perjury that the foregoing is true and correct, and that this document was executed on May 8, 1990 at San Jose, California. Carol Zi zer NAMES AND ADDRESSES: Board of Supervisors City Counsel County of Contra Costa City of Concord 651 Pine Street, Room 106 1950 Parkside Drive Martinez, CA 94553 Concord, CA 94519 1 �b4s` O �'L8n o O ! oven o � tn tr CA 63 d r .9 a .fl 0 ..��6t si 040 l