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HomeMy WebLinkAboutMINUTES - 04161991 - 1.12 i CLAIMIx�E.._:a:z �, � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA MARr NO Claim Against the County, or District governed by) BOARD ACTION J 1��1 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT APRIL 16~ N COUNSEL NI COUNSEL and Board Action. All Section references are to ) The copy of this document mailed to you is your notice oi`� California Government.Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: RAPP, Larry Byron ATTORNEY: Jay R. Dove Attorney at Law Date received ADDRESS': 1144 State Farm Drive, Suite A BY DELIVERY TO CLERK ON March 13, 1991 (hand delivered) Santa Rosa, CA 95403 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: March 15, 1991 BYIL DeputyLOR, Clerk III.. FROM: County Counsel TO: Clerk of the Board of Suplervfsors �(�► ) 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: J Deputy County Counsel 11I. 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 in its minutes for this date. �t1 t Dated: APR 16 1991 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 haveeen b 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: APR 16 _190tBY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ii Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY +r INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year 'after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed With the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp LARRY BYRON RAPP ;i ) RECEIVED G G Y GD I upr Against the County of Contra Costa ) � 3 199 or ) District) CLERKCONTRA COSTA CO's Fill in name The undersigned claimantl hereby makes claim against the County of Contra Costa or the above-named District; in the sum of $ in the and in support of follows: jurisdiction of the Superior Court this-claim-rep-resents as------------------------------------------------------------- 1. When did the damage ",or injury occur? (Give exact date and hour) September 16, 1990, after 10: 00 p.m. ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) 1836 Vine Lane, City of Antioch, County of Contra Costa, California ------------------------------------------------------------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if required) Lack of probable cause for issuance of search warrant and nightime endorsement thereof; excessive force and improper handcuffing and detention during execution of search warrant at 1836 Vine Lane, City of Antioch, "County of Contra Costa, California. -----------------------'- 4. What articular actor omission on the part of county or district officers, servants or employees caused the injury or damage? Obtaining search warrant based upon inaccurate or inadequate statements supporting probable 'cause and nightime endorsement. Unreasonable execut 'i'on of search warrant including but not limited to unreasonable seizure and handcuffing of claimant for an unreasoable period of time. (over) 'i 5. What are the names of county or district officers, servants or employees causing the damage or injury? Deputy Reynoldi 6. What damage or injuries do you claim resulted? (Give full extent. of injuries or damages claimed. Attach two estimates for auto damage. Violation of rights to privacy, civil rights, unreasonable search and seizure; emotional distress, fear, anguish, humiliation, and embarrassment. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Commensurate with a violation of my civil rights, including but not limited to, an unreasonable seizure of my person during the execution of search warrant. ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Robin Marin, 1836 Vine Lane, Antioch 94509 Detective Robin Ferrari, Antioch Police Department ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT deminimus 4 s Gov. Code Sec. 910.2 provides: Qi?�� NF1:•"_:'. "The claim must be signed by the claimant SEND NOTICES'`TO:-.(('Attorney,)- a- or by some erson on his behalf." Name and Address of Attorney Jay R. Dove o Attorney at Law C mant's ignature 1144 State Farm Drive, Suite A Santa Rosa, CA 95403 1836 Vine Lane Address Antioch CA 94509 Telephone No.( 707 ) 573-9954 Telephone No. ( 41 5 ) 778-9272 f NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, 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 RECEIVE® BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA MAR 15 1091 Claim Against the County, or District governed by) BOARD ACTION--gUNTY COUNSEL the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT APRIL 16, `^14TJr1EZ, CALIF. and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $200.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PITCOCK, Jeffrey K. 427 N. Villa Way ATTORNEY: Walnut Creek, CA 94595 Date received ADDRESS: BY DELIVERY TO CLERK ON March 12, 1991 (hand delivered) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 15, 1991 PpHHIL BATCHELOR, Clerk BY: Deputy II. FROM: County Counsel TO: Clerk of the Board o 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: 3 / f5 f�� 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 date. p ' Dated: APR 16 1991 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code 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 attor,'ney 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: APR 16 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name ,of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim Reserved , or rk's filing stamp ` 1. ,"6C,C: ) RECEIVES Against the County of Contra Costa ) MAR 1 2 laq or ) 2" 3 �. . CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ Z C><2:) and in support of this claim represents as follows: --------------------------------------------------------------; When did the damage or injury occur? (Give exact date and hour) �i✓2 c�.��s cya .J G��tea., _ /� /�g/--=-�d=-'--� �/�. 2. Where did the damage or injury occur? (Include city and county) Z _/'✓_y,/�__ l.✓ _G✓� / C��e ___gip , __fib__ __��_ r- 3. How did the damage or injury occur? (Give full details; use extra paper if required) Xc <Y'/gena a wa S / c`x115' c✓/ �y 1Zleov17 /i��./�.4., o �� cos T.� . �j S fit J/7 7 S G►G�CJ AJJr.�n.1�7%./ /!-"/ irr ST�Jn (\���J hip f746.4,1 /j/O i�� a G..nCa"' G w^ii li itt �io /CG J 4. What particular act or omission on the part of county or district officers, '~O" servants or employees caused the injury or damage? Ile, 60-6* ,e(t a 4 a. (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? � /✓ea-„,,Q„ /) 1 iGJ4`�6t ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for/cc damage. a, /�7 eo /LZ^ 1Z .1 k Z / vv/`c- drs,&` ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective i--/n/jury ore.) , , o. e!> :R e'iea invoJ'CL� �os ----------- --------------------------------------------------------------- 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: (Attorney)' — or by some person on_h4,s behalf.” Name and Address of Attorney Claimant's Signature e-12 �✓ �a G✓ Address all Telephone No. Telephone No,��/i5 N 0 T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. • .l. ..0 1- al l AtA,RMON GLASS e 5700 Imhoff Dr., Ste. A Concord, CA 94520 (415) 827-4520 FAX (415) 827-4522 STATE REGISTRATION NO. AB137773 • ACCOUNT NUMBER CUSTOMER P.O.NUMBER 721179 1-23-91 [0137 000072 r TO PITCOCK PETROLEUM 220 HOOKSTON RD P.O. BOX 23684 S 427 NORTH VILLA WAY PLEASANT HILL, CA 94524 U WALNUT CREEK, CA R E 946-9631 935-3800 U F.I.N.41.0683646 LICENSE NO. YEAR MAKE AND MODEL , : ,V.LNO.. MILEAGE POLICY NO, �TERMS: .. _. i JAI 2 DUAN. PART NO. COLOR DESCRIPTION UNIT PRICE AMOUNT 1 22 x 22 clear INSULATED UNIT REPLACEMENT 5/8" OA CL SPACER 183.15 109.89 i LABOR 1.5 22.50 Please PAY FROM INVOICE — STATEMENTS SENT ONLY UPON REQUEST. DEDUCTIBLE MKIIIS1411 ME You are hereby authorized to pay the sum designated below as SALES TAX 7.69 "amount of loss" to HARMON GLASS COMPANY in full settlement of the loss under the policy; and upon such payment being made all claim and demand described above,shall be thereby released. Shall part or all of the loss riot be covered TOTAL 140.08 by insurance, I guarantee payment on receipt of invoice. —- DATE OF LOSS PLACE OF LOSS CAUSE OF LOSS AMOUNT OF LOSS SIGNATURE X INVOICE RECORD OF PAYMENT A L1 E...__.. TO THE ORDER OF DATE DESCRIPTIOIJ �3 '0137 J oop7,2S- —=— -- , _--- 677� 1 FORM NO. 09-0 BPD Face Page CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT CA0070000 Beat_ DContinuation P.O.Box 391,Marfinez,Califomia 94553-0039 Ej HBO LI Arrest D Sl 0 supplemental 2.C I no/Classification -. I - 1. /u -L-- 1.DR No. 4.Detail 5.more 91 Z Persons O.Day/Date/Ti eofpccuffence7- 1To e/T rted 8.Employee No, 9.Reclassi 77 fication, 10.Address/Location of Occurrent AIR UILtA al'�4 Ld 11 C)PRI EPASP ni4UN EI BUS Q LEAD ❑Other 12.Name(L.F.M) 13.Race Sex Age 14. 15.Driver License No. ,T-A44 0e4 IA) A4 16.AcIcirets (Zip Code) 17.Home Phare (70,7 ) 517%-� 6of-2yo. 18.Employed By or Scfiool 19.Work Phone 1 - 116 b I l;i 5 (7,07 ) 7 3- 20.Rair 211.Eye 'Maiden Nam e' 25.Social vsi6rfty No. I -.000o' oef!� 26.Further Desc Tattoos,Mannerisms.Clothing,Etc.) 27.Booking >P01"o- 28. ❑PRI 7 ra Vic ❑WIT ❑MSP ❑RUN ❑BUS El LEAD ❑Other 29-Name(L,F,M) 30.Race f Sex/Age 31.DOB 32.Driver License No. Mr- tn1 '4� 33.Address (Zip Code) 34.Home Phone U,j I�AJA,JAJ C' 35.Employed By of School X Work Phone 37.Hair 311.Eyes39.Ht. 1 40.WL 41.AKA Maiden Name 42.Social Security No. 43.Further Description>09,Tattoos,Mannerism Clothing,Etc.) 44.Booking or Cite No. 45. M PRI Rplc ❑WIT ❑MSP Sus ❑LEAD ❑Other 46.Na {L. 47.Race I Sex I Age 48,D 8 49.Driver License No. XJ ai 2A- Aj/ 50.Address (z I P MOW) 51.Home Ph ne q>'7 Al o C74- fit C14 ","Cef't F3= 52.Em toyed By or School I f 53.Work Phone j+*111-21 A,7-1to 1�1MIL'4 54.Hair 155,Eyes 56.HL 57.WL 15&AKA Mai en ame 59.Social Soc;urity 60.Further Description(Scars,T S.Mannerisms.Clothing,Etc.) 61.Bo or Cite No. 62.Veh/Ves 61 Lic,No,(State) 64.Year 65.Make 66,Model S7.Body Style 63-Color Top DS Dvict Bottom 69.Status 70.Registered Owner 71.R.O.Address ❑Left ❑impound 72.Towed to or Rel 71 Who has keys? Stored i:::� I '1 74.Evid. []Yes 75.�F ©Yes 76.Dispo of Evidence 77$Missing T8.$Damaged, No *o' No 79.Brief Synopsis of incident (2) Z"- 4kL Zn Al- 0 46 &e4c I A- 625 (3) J46 (4) - 474c- 1447/ LI*ez2? (5) Alk-Iggi rrn 77* (6) A en'yagff 49e- (7) T-1 ldlfewfla�< &S 80.Distribution I'ga, 81.Additional Routing 6--ri BV1 0C ODA DOE [:]L [:)o [:3 SR F I-- Investigation ❑Narcotics_. Coroner 82-Reporting Deputy/PrInQ 83.0 ,71e rWritten 84.Dispo. Property Proper y Ck" ACS O. C ❑Patrol a c. 85,A77 ZTS pv.("t) 86f F,.No. B&FG6e x-2- �/� t,/ L f -2- FOW A a • CONTRA COSTA COUAM SHERIFFS DEPARTMENT CA0070 '? Best�� p�uPu �cuo cin-®ox 00i,Me.rtinam,California 04553-003$ 0 HAO pArrest ❑SI 1.DA No. 2.City Code 3.Crime/Cim afte)ion 4.Detail S 17;1 S t3eclaft 2. fica114n IL Victim N•..6 tL F.M) 7.Date Report 6 employee N4. ( / R Adidrus/I Loc—atioiftotloccurence 70.t4spacX4 Name Q..F,M) 11.Property Damorlptlarc Impounded,Rwowvd.Found,Lost SLOW•kem Number.ArWe.Ouentily,Brand/Make/Manutact s Model Number,Sedd Number,MisoeUaneow Description~Location WNm TW wk Vatua oxtude Total Low-LW IN FOLLOWING ORDER A)Currency,Notw B)Jewelry..C)Ciolhk4 Furs;D)VehiCN 4tso Oe 6quiWnent F)RadW.TVs,etc.: 0)F)rosnrw N)Hotwmtsodd Gooft i)Mlac- 12.PANXWWe0 Pr etty 3 /3 Narrative/ (2) ,4- l '7` s (3) 44 (4) 04 (8) m 41 m a ts) ' nn lt4) 1 tr' 441 -r fZAf AA77 (15) 1A If nlQa LIA4 tt9) (17) (18) f M .-�-- r (21) (22) ! S1 — 421) (25) 14 Oistributlonr 15.mpfuonai Rour" pB OC [ 0A Qat: pL 00 psR pV Cl kacetieatt n G1 vice p Narcotics ❑Juv p ccrow ❑Rawly Ck O ACs p Ental. Q RA. p SHC I&Reporting nnq 17.Da /T)tno 44ttltan 1s.Dapo. . p Patrol Captain ❑Camps.ora p Mww*Pana [3 other 4s. n SupK iftno 20Ahipv.f4& 21.Dots 22.Pepe FOAM S (Rev,t/s9) �R • • ' Occurence .. ..: - Whor*Tak4n.VMhxk Inckulle Total Lose-UST IN ., _ G) Gooft, Misc. r r � �t ♦ - r• .L s:' 't.� ' i�.� ..a f 'Ili 1:, i!- S .._ IM, PR ULM r LIM r M i. ■ CLAIM �• 2 t BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA . Claim Against the County, or District governed by) BOARD ACAN I ;t the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT APRIL 1404N;fj9@4yN6EL and Board Action. All Section references are to ) The copy of this document mailed to you is yourm tlw, *1F• California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MARIN, Robin Melinda Rt. 1, Box, 37a ATTORNEY: Antioch, CA 94509 Date received ADDRESS: BY DELIVERY TO CLERK ON March 13. 1991 (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: March 15, 1991 RYIL BATCHELOR, Cler eputy II. FROM: County Counsel TO: Clerk of the Board of upervisors � ) 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: J 11BY: �-� /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 (k, 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: APR 16 1991 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. Dated: APR 16 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT J 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 toany other cause of action must be presented not later than one year after the accrual of the cause of a6 on'. (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 v U ) RECEIVED Against the County of Contra Costa ) "`� or ) MAR 131991 District) CLERK BOARD OF SUPERVISORS Fill in name) I CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ fn +he and in support of this claim represents as follows: �uri�d,�f,do o( 4he, `3uW rur Cour-r ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) b•er I Io ,t. 9D ci�fe r^ ►o o c� P,nti ------� '- �'--------- =--------------------- --------------------------------- 2.. Where did the damage or injury occur? (Include city and county) �83� 1/ine Lamb) Ofy o� 4ntr0ch 3. How did the damage or injury occur? (Give full details; use extra paper if required) (ac 0� probable, rause �or ISsuahce o� search. wrr�^ae and n�ht� endflr�rnenl' the► 1 nF 9 ex 5i ve �ar�� Qr�Q improper hmdcu.-&l and A!e &nhz>� plurin eXeccc�°o�t o march u�ar�n�" a`4" c83� t1�n� Lcrr�, a �-F Aq��, &tkn� of ------�---------------------------------------------------r, __eos c�------==- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 0 DbfiaAlvlg 5eareh L,60. rdAT- ba6eA upon inocetLr0e, or inadequate s�{-aterrev►ts 'C brfw5 ,probable, ease, and ni6htime &OVeGen'1ear.. tcrl i�r�c:�x ntxbidx2�Cu for 1 ofcev�+-c1 C��xr ✓�'I" inClud'r►�q � f 11u d ri�+,rccE �u :�✓rrso:-+ +i tx I oti t Yrv.e d (over) 5. What are- the names of county or district officers, servants or employees causing the damage or injury? -DeP y J2oq1,o[a6 ----------------------------------------------------------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Vi4t+-M of n f-- +c, .Pi"iVG �� GrV�I right,', unr,-,tsoldble, s6arah Clad �yOIZLL;-� �m�t�Go1��l � i Gin , hoMV,( a iet a.�a' e��vtl�c'xr�t�,smer.-t' 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) CVmm Vrafie. u4h & Viala:fcl'n o rMy ,rvulucl' ht� bar nvi Irvn�t�aA }v) Goy LxA ;e1•7_w1e_ c f vnl 0 u5W aiu'115 eA e&1-+71 n 0� Ge&ych Uw'rc.nt ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Aa LGIr^yPP ��!+�&� Viw I. , int 9cti9 'i1„�-, �GU►y� �-ori^a.tr� , av►�iv�'1 �e:�Icrr VVI=�-i"�";vu�vL1� 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT CIO Miyl ►mud, - � Gov. Code Sec. 910.2 provides: f $ "The claim must be signed by the claimant SEND NOTICESeTO `�• (Attorney), ' r or by some person on his behalf." Name andAhMWAddress'"'of Attorney +b Claimant's Signature Address '�i`1 -An-i oc h CA 94509' Telephone No. Telephone No 14i 7`7 9a 17,'.1- * * * i 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. r k7 a tJ o;p d�a�ssoJ �( y0 6d o � 0 o � N td d CP N N v � 4 � O 0 o re -5e ! � CLAIM �• � �-- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA RKE'VE® ,Claim Against the County, or District governed by) BOARD ACTIO AR 15 1091 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT APRIL 16, and Board Action. All Section references are to ) The copy of this document mailed to you is your n&ANidOUNSEI CALIF, California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: HOWARD, Bradford R. and Marcia ATTORNEY: Ned Robinson Attorney at Law Date received ADDRESS: P.O. Box 1757 BY DELIVERY TO CLERK ON March 13, 1991 (hand delivered) Lafayette, CA 94549 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 15 1991 HHIL BATCHELOR, Clerk Y: Deputy II. FROM: County Counsel TO: Clerk of the Board of Sukrors ('",4) 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: I5 191 BY: I J - Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 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: APR 16 1991 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: APR 16 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator CLAIM RECEIVE -1,;L-1& WIR 1 3 1991 To the Board of Supervisors C? co 40-,Contra Costa County OFSUPE O A CO 651 Pine Street trTRACOM Martinez, CA 94553 Bradford R. Howard and Marcia Howard respectfully present their claim to the County of Contra Costa and respectfully represent: 1. The name of post office address of claimant is: Bradford R. Howard and Marcia Howard 3172 Diablo View Road Lafayette, CA 94549 2 . The post office address to which the person presenting the claim desires notices to be sent is: Ned Robinson Attorney at Law P. O. Box 1757 Lafayette, CA 94549 3 . The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted is as follows: In August of 1988 Contra Costa County approved MS 32-88 which was a minor subdivision to create four lots where one previously existed. As part of the subdivision approval, various conditions were imposed, one of which provided: "Prior to issuance of building permits for Parcels B, C or D the residential building plans shall be submitted to the county zoning administrator for review and approval. The buildings shall be designed to conform with the natural bank contours on the site in order to minimize grading impact. Shortly thereafter, claimants purchased the only improved lot in the subdivision, Parcel A. In June of 198.9 Parcels B, C and D received a substantial amount of fill. On March 15, 1990, for the first time, the claimants discovered the condition of approval above quoted, which required the homes to be built on the site "in order to minimize grading impact" . Various county employees have admitted that the grading plan to allow a substantial amount of fill in violation of the conditions of approval of the minor subdivision was .a mistake. To the best of claimants present knowledge, this has resulted in substantial damage to claimants' property. 4 . Name or names of the public employee or employees causing the injury, damage or loss are presently unknown. 5. The precise amount of damage suffered by claimants is presently unknown, but it is believed that the amount in question would result in an action being filed in the Superior Court of Contra Costa County. Dated: March /L" , 1991 d B adfo d R. Howard M sha Howard