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MINUTES - 04231991 - 1.21
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 ApR j L 23 1991 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: Unspecified Section 913 and 915.4. Please note all "WarninWe" 61VI® CLAIMANT: BLANTON, Frances 1346 Monterey Street APR 1 04 4 ���� ATTORNEY: Richmond, CA 94804 COUNTY COUNSa Date received MARTINE?, C41F, ADDRESS: BY DELIVERY;TO CLERK ON February 4 , 1991 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 10, 1991 PpHHIL BATCHELOR, Cler DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board o rvisors � ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot 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: JUDated: BY: QJDeputy County Counsel 0 Nl_�tiT I1..I. 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. �y Dated: APR 2 3 1991 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: APR 2 4 IJ91 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator n contra Costa County RECEIVE® W fare recipients FEB 4 1991 Organization, Inc. CLERK BOARD OF SUPERV CONTRA COSTA CO 1346 MontereyStreet,9Zkhmond,CA 94804 • (415)236• Z>7TS Board of Supervisors 651 Pine St. Rm. 106 Martinez, Calif. 94553 January 31, 1991 Dear Board, In regards to your denial of my claimiciting lateness, let me remind you that time accrual begins with DISCOVERY. I discovered the fraud etc in the:_m©rith of Dec. and filed mycla m,ary_Uec::21,. As per Souza &: McCue Const. Co. v. Superior Court of San Benito County (1962)..."duty by city in failing to disclose knowledge of adverse soil conditions to the contractor did not accrue until the discovery of the fraud and was not barred by limitation.." I am resubmitting my claim-, en toto as Der the original filing date of Dec. 21 and demand that' you hear this claim. Let it hereby be noted by you that you efforts to dissemulate the 'law' has been recorded. Let it be noted by you that this claim is in full and substantial comipia.nce, is timely and is valid. You have no excuse not to hear this claim. You have no excuse r.ov,anzy right to present the law as less than it is, and that so des =. you leave yourselves open to adverse litigation. You have had adgquate time to investigate the content and facts of this cl im. and know full well they are true. You also know law was broken to the detriment of the person who filed the claim, me. I will not give you my opinion of your practices as they are unprintable though hardly unspeakable. I currently have one writ before the bench. , I would just love to make it two. You appointed the -Uirector to the CWD. You F`-e responsible for all practices which take place within the CWD; ;:.d that inclihdes the Auditor-Controllers office. Your efforts to deny my claim on the basis of timdliness_isfalse. Either YOU don't know the law, or you, are floating bait to see if I do or don't. In either event, it doesn't sit well with me nor look especially good for you. CIO ,. CZLh5�CC - �( jo �/�2�9/ G ►d�,) Frances Blanton _ RECEIVED BEARD OF SUPERVISORS OF CONTRA COSTA COUNTY b INSTRUCTIONS TO LAIMANT JAN 141991 A . Claims relating to causes of action for death-:or for injury to e on oir to per- sonal property or growing crops and which accrue on or before D M 0 6RVISORS must be presented not later than the 100th day after the accrua T Q6T§:CO. action. Claims relating to chuses of action for death or for injury to person or to ;)ersonr.l property or growing crops and which accure on or agter January i, 1988, mu:3t 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 ation. (G(VT. Code #911.2) B'. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration `wilding, 651 Pine Street, Martinez, CA 94553- C. If claim is ag; inst 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 pubiie 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. ` REt Claim gy ) Reserved for Clerk's fil-;rg stamp f/ZAA j = �/ :zt� )) RECEIVED " Against the County o7 Contra Oosta DEC 2 1 1990 bis � r �'r ;�r'S��/-L) District CLERK BOARD OF SUPERV Fill in Name CONTRA COSTA CO The undersigned claimant hereby Makes claim against the,JCou#y of Contra Costa or the above-n,.med District to the sum of $ J�//� �U fi � � and in support cf this claim re-)resents as follows t -------------L------------------------=--------------------------------------------- 1. When did the damage or J.njury occur? (Give exact date and hour) U---- uiZ _Gt r-)KIUoCcN -,�q -S � _ �'� zv2 2. Where did t e damage or injury occur? (Include cith and county) '-7/e' /'t=u /r /�1) _7- 3. Flow did the damage or injury occur? (Give full details; use extra paper if required) ----- � �-u2 ----"------ ,./'-�7 . �� �/,1 4. What particular act or ommission on the nart of county )�Tistrict officers, r r-errants or employees caused .the .injury :or damage? 3 f5l� i?D j-��Rit,I 0 0. ,a (over) 5,: What are the names of county or district officers, servants or employees causing the d<.'iage or injury? �,P�". i�/c)K/tk�w�� � �zE� S�vG7zE+-t. �IG��L�— �i9i✓I,�Cc;. �5 i�i�SC�,:, ---------------------------------------- ----------------------------- 6. What damages or injuries do you claim resulted? (Give full extent of ink,'es or damages claimed. Attach two estimates for auto damage. 7 i y S' "- h2 Lf _ 7. How was the amount claimed above computed? (Include the estim ed amount of any prospective injury or damage.) �l G y9 G d� , !t i9 Gam-c --- 1(_ t S--% : >0 G��-7Pc: LT_fic-'_ �vrd��E-s__ s���°J r /��G�veY /,E-/Y, -- --- ---- - -- ------ --- -- --- - - 8. Names and addresses of wit esses, d ctors and hospitals, ;� �/� _ J 9. List the expenditures ,you made on account of this accident or injury:' DATE ITEV_ AEOUNT 21 '` e7 Z .S Gov. Code Sec. 910.2 provides: "The claim mu:-3t be signed by the claimant SEIM NOTICES TOt (Attorney) or by some person on his behalf." Name and Address of ttorney t C1 maa's Signature — (Ad'ress Telephone No. "�� Telephone if 0 T I C E Section-72 of the Penal Code provides: "Every person, who, with intent to dofraud, 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 vlaim, 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 ($1000), 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# \ i /14 114 ew C r F Claim ta: 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'gpersonal.,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^`mu t:,be� filed with the, Clerk of the Board of Supervisors at its office in Room 166`p4 ' 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 4 ) Reserved for Clerk's filing stamp 7` JW0y 0. ow strict) a� Fill � name The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ S2 and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. Whe'n• did,.the damage or injury occur.? (Give exact date and hour) ��---------����, -- ----------- ----- =� --- ---- ------- v Where did the damage or injury occur? (Include. city and co un y- ---------------- (Give - --- ----- ------------------- -- ------------- ----- ---- 3. How did the damage or injury occur? (Give full detNls! extra paper required) ------- -- ---------- ----- ----------_.4`--- 7 -....__-------------------------- 4. What particular actor omission on the part of county or district officers, servants or employees caused the injury or damage? w GA.1 Cru (over) 5. What are the names of county or district officers, servants or employees �eausing` the damage or injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two- wo imafor a,_46"'damage. ---------------- --------------------- 7. How was the amount claimed above(/computed? (Include the estimate."amount of any prospective injury or damage.) i i'. ----------------------------------------- v------------------------------------------ 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 sign by the claimant SEND NOTICES TO: (Attorney) or by some, erson on•'h's ehalf." Name and A dress o ttorney " - , �t r Cl t s Signature Address Telephone°No. vZ36°� � � Telephone No. ?/5= v;Z 345�— y NOTICE• Section 72 of 'the Penal Code provides: "Every person who, a th�-: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 to4allow orkpay 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. rage 1/3 AMMENDMENT TO CLAIM FILED & RECIEVED BY CCC CLERK DEC 21, 1990 ITEM #3.a• - FSD have failed to comply with 14PP Sec. 4.3-105.4 which is as �� followtst " the Unmarried parent is responsible for the support of his, her child. " The unmarried parent is not legally responsible for the support of his/her child's other parent nor of bheldren not his/her own." FSD hage failed to'comply with 14PP Sec. 4.3-203.13 which is as follows, "Any amount colldcted that is in excess of the amount required to be distributed under .11 and .12 above and which represents payment,- on the required support obligation for the month of collection) shall be paid-- to the family up to the difference between the aid payment in the month of collection and the court ordered amount for the same month." FA TE' l. The claimant and the other parent were never married. 2. Obligor was not in arrears to CWD on his child support. 3. FSD collected $500.00 on the current support obligation and an excess of .$1604.00 in the month of November, 1990, but only forwarded $584.00 as pass-orr. 4. Claimant voluntarily terminated AFDC on November 27, 1990. 5. FSD collected $500.00 on the current support obligation and an excess of $802.00 fDn Dec. 5, 1990 for the month of Decemberp but only forwarded:-,$902,.00,. 6.. FSD collected $ -902..00, ore-the. currentchild support obligationt nn, an excess of $4.00.00 in the mohth of January, 1991 and only forwarded. $9.02.00 (to date, dan.. 10.,only $100.00. 7. The new modification order was not s` gned nor official until DBcemper 18, 1.1990 and the previous order was still operating..until that time. 8. Debt,.ot;o .CCCWD is that of claimant and not of obligor; California Civil Gode #4.700 (aa(1�t "...All payments of support shall be made by the person owing the support payments prior to the payments of of any debts owing to creditors.. ." ITEM #3.b. CCCWD .failed to cpmly with MPP Sec. 4.3-106 which is as followst"A;ssignement of child and spousal support rights by a parent...is a condition of eligibility l: for AFDC(Sec. 4.0-1311, The.responsibility of- a parent to support .his or her children and the right of the parent...liioing`with the,=child for whom aid is requeseed to claim good cause for not cooperatit6,...the law requires as conditions of el:'.gibilityt (1) The assignment of accrued support ruts for himself or herself dnd for all ch8ldren for whop aid is recieved-, and that the reciept of public assistance operates as an automatic assignmmnt unless:. there is a written refusal to assign such right;) Reciept of public 4ssistance shall constitute an assignment by, operation of law except as provided in.. .1 below. (.1 Refusal to assigrn Support Rights, .121 In the case of a refusal by.an applicant.--inform„ the applic.,nt, if a parent.. ., that such refusal results. in ineligibility for assistance. Payments for the eligible children shall be made in accordance with Sed- 44-309) This means that reciept of public assistance will automatically assign the accrued support rights of all . members of the FBU unless there has beerr a written refusal to assign. The county shall advise the parents. ..that they have the right to refuse to assign suppot rights on behalf of themselves or their children.” FACT,. 1. Claimant was never advised. by CCCWD Intake Worker R. Polvowosa that claimant had the right to refuse to assign child support rights. 2. Claimant was not asked to submit a written statement of fefusal to Page 2/3 assign support rights. 3. Claimant was never advised in� writing tht claimant had the right to refuse to assign support rights@ CalifornlA State Form 2.1, paragraph 1 states: "You must assign to the county any rights youxmay have to child support or alimony while you are on aid...The reciept of an AFDC check wil automatically assign the past and present support rights of all persons for whomiyou are requesting aid.. ." Compare this to the regulation 43-106 final llne. Paragraph 4 of form CA 2.1 states: If you refuse to assign support rights, if you refuse or fail to turn over to the county any support money ...you personally will be ineligibile for AFDC but your children may still" be eligible. Compare that to MPP Sec, 43-106.12. Paragraph 5 of form CA 2.1 states: I understand my rights and responsibilities regarding the child support program, including the requirement that I make an assignment of support rights..." Compare this to MPP Sec.,. 43-106 final line. 4. California State Form CA 2.1 uses FRAUD to divest AFDC recipients of their legal child support rights. Fraud defined:"A•n intentional perversion, of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right." 5. At no time and in: no paragraph on form CA. 2.1 do the words 'right to refuse-' or'submit written refusal' appear. The structure and function of forrm.2.1 is soley to defraud;SDC: recipients�:Zf-.theif legal'childT support rights in as much as a lack of assignment will nat :.Low the Child SuDDgXt E o cement Pro=am, to recieve Su :.-. 'orcemen Incentive Fthnds;• MPP Secy. 43-106.3... states:"Effect of efusal to Assign, Support Rights", .32:"The county shall not recieve any Support Enforcement Incentive Funds for the case." 6. CCC14D did willfully and knowingly defraud claimant of her legal child' support rightd, and then equa,ll2y fratdit .ently,-uses'-this__extract6d assignment to falsely justify "acreage payments" to CCC14D. No arren,ge may exist when the debt was garnered through use of fraud. leo assignment may exist where said assignment was fraudulently extracted'@. Claimant does not owe CCC14D one cent. ITHW-46, Damages resulting from the above listed are as follows: November, 1.990 $1020.00 December, 1990 $400.00 January, 1991 $400.00 1820.00 Plus accrued. interest at short-term loan rates of 181. November: .18 x 1604 = 288.72 Interest 1604,-- ;584==.1020.00 1308.72 December: .18 x 1.308.72 = 235.57 .18 x 400. = 72.00 307.57 Interest- .,- 400.00 1308,72 72,00 23�,57 472.00 1544,29 January: .18 x 1544.29 = 277.97 .18 x 472.00 = 84.96 .18 x 400.00 = 72.00 434.93 Interest. Wage 313 Total Interest duet 288,72 November 307.57 December 434.9 January $103]..22 Total Pass-on: Due: 1820.00 2851.22 ITEM #7. The pass-on amount is that amount illegally withheld by CCCWD paid in, by Obligor. The interest on the withheld Pass-on is computed above. r � � � CDEC 0 Pr 1Y '. YANCEY, District Attorney M GAR�! County of Contra Costa ' By: FRANCINE CARLEY, Deputy D.A. 3 Family Support Division ;r 4 40 Muir Road Martinez, CA 94553 d Telephone: ( 415) 646-4891 6 7 Attorneys for Assignee 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF CONTRA COSTA 11 12 Obligee: FRANCES BLANTON No. D89-07494 13 14 V. ORDER AFTER HEARING 15 Obligor: WILLIAM MASON 16 Assignee: CONTRA COSTA COUNTY 17 16 The above-entitled action came on for hearing this 25th day of 19 September, 1990, in Department No. 8 of the above-entitled Court, 20 The Honorable WILLIAM A. O'MALLEY, presiding. Assignee was 21 represented by GARY T. YANCEY, District Attorney of Contra Costa 22 County, by FRANCINE CARLEY, Deputy District Attorney. Obligor was 23 present and represented by his attorney WILLIAM KOPPER. 24 Upon proof being made to the satisfaction of the Court, 25 IT IS ORDERED, ADJUDGED AND DECREED THAT: 26 The obligor is the parent of the following child for whom the 27 obligor owes a duty of support: HUNTER MASON, born OCTOBER 23, 28 1978 . 29 The obligor shall pay current child support of $1,002. 00 per 30 month for said minor child beginning MAY 1, 1990. Said sum shall 31 be due and payable on the first day of each month thereafter until 32 further order of the Court, marriage, death, emancipation, or the 33 reaching of majority as provided by Civil Code Section 196 . 5. 34 $902. 00 is to be' paid through the Auditor-Controller, Central 35 Collections Division, Finance Building, Room 203 , Martinez, 36 i r .i ij Dkt. D89-Q7494 , 7and District2 Attorney.3Service of the order assigning the obligor' s earnings as 4 for payment on the arrears shall be stayed for good cause as provided in Civil Code—sectiom339t .3. However, if the obligor 6 fails- to make any arrears payments in full dt or before the time ? set fort this order the District Attorney may serve the order g asci n g thbligor's employer g without rior noti a to the obli or, and without further order of 10 the Court. 21 '_ 22 DONE IN OPEN COURT: 'September 25, 1990 13 PRESENTED AND SIGNED: 14 APPROVED AS CONFORMING 15 TO COURT ORDER: 16 r 17 ! 18 WILLIAM KOPPER 19 Attorney for Obl' or 20 DEC 10 1990 WILLIAM A. O'MALLEY 21 WILLIAM A. O' LEX 22 JUDGE OF THE S RIOR COURT 23 24 25 26 27 28 I 29 30- 31 32 33 34 35 36 I f cv 50 k .D -F" O Y ,p i!3 • CD1 cl�Oy S 'eV 00 a N 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 ` APRIL 23, 1991 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $2,500.00 Section 913 and 915.4. Please note all "Warnings" AcOVE® CLAIMANT: ELMORE, Alma MAR 25 1991 ATTORNEY: Date received COUNTY COUNSEL ADDRESS: NoneBY DELIVERY TO CLERK ON March 18, 1991 WiPaT#zd?+Tvered) yi. Qisl� Mon, . BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 22 1991 PpHHIL BATCHELOR, Cler DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board o rvisors ( ) This claim complies substantially with Sections 910 and 910.2. ] ) This claim FAILS to comply substantially with Sections 910 .and 910.2, and we are so notifying claimant. The Board cannot 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: 3 125 191 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admin' tra or (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( his 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 23 1991 PHIL BATCHELOR, Clerk, B 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. f 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 2 4 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Alma Elmore Re: Claim of Alma Elmore 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: V X 1 . The claim fails to state the name and post office address of the. claimant. X 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction1which 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, ounty Counsel B : S � Y Deputy o ty Counsel CERTIFICATE OF SERVICE BY MAIL C.C.P. S9 1012 , 1013a, 2015 . 5 ; Evid. C. SS 641 , 664 ) My business address is the County Counsel' s Office of Contra Costa County, Co. Admin: Bldg. , P.O. Box 69 , Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is'/are place(s ) having delivery service by U.S. Mail ) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S . Mail at Martinez/Concord, Contra Costa County, California . I certify under penalty of perjury that the foregoing is true and correct. Dated: , at Martinez, California. cc: Clerk of the Board of Supervisors (original ) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 .4 , 910 . 8) 1 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.distr.ict 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 RECE ED Against the County- of Contra Costa ) .. i 81991 o Dist rict) RI(BpARDOFSUPE ORS Fill in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim Inst the County of Contra Costa or the above-named District in the sum of $ d and in support pf this claim represents as follows: ' ------------------------------- p„/--- - - - 1 .L-------------- 1. When did the damage or injury occur? (Give exd6t date and hour) -- -fin- -- --- - = - ---%�f1�_��--`-------- 2. Where did the ge or injury occur?-- (Include city and county) --- - --�.�--- ---------e---- ---/tra---�1- 3. How did the damage or inj occqur?� (Give full details; use e paper if Q required) 4. What particular act or omission on. the part .of county or district officers, servants ore 1 ees caused the "injury or damage? r) 5. What are the names of .county:or district officers, servants or employees causing- he damage or injury?' , � -' A6; ------ --- --- - - - � injuries . Wha -,,da�bage or injLiriesdo you c im resulted. (Give full extent of n� es ordamaes claimed: Attach two estimates for' auto damage. 7. How was the amount claimedbove compute ?'•'(Include the estimated amount of any prospective injury or damage.) 10 ��6-- -------- ----- -- -- - 8. Names ddresses of witnesses, do ors and ho i is, 01 9. List the expenditures you made on account of this accident or injury: , DATE ITEM AMOUNT f%IW Gov; Code Sec. 910:2 provides: "The claim must be signed by. the claimant SEND NOTICESTO; �3'(xAttorneyj)„ � �, or by some person on his behalf.” Name and Address.of -- Claimant's Signature IL Address _ Telephone No:. Telephone No. N O T I C E Section 72 of,the Penal Code provides: Mvery 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, volicher, .or writing, is punishable either by imprisonment in the county jail for- a period- obf not more"than dne year; by a fine of not exceeding one thousand ($1,000), or by botl such imprisonment and fine, or by imprisonment in the state prison, by a fine of not`exeeeding ten thousand ,dollars ($10,000, or by both such. imprisoninent and fine. 1 ,V CLAIM 1491 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 APRIL 23, 1991 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: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: HOPKINS, Jennifer and Tom RECEIVE® ATTORNEY: Bruce G. Fagel MAR "25 1991 Law Offices Date received ADDRESS: 445 South Beverly Dr. , Ste. 200 BY DELIVERY TO CLERK ON March 22,C:dJ 1. COUNSEL Beverly Hills, CA 90212 Cert. P334-232-193 MAZINEZ LW. BY MAIL POSTMARKED: March 19, 1991 I. FROM: Clerk of the Board.of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 22, 1991 PPHHIL BATCHELOR, Clerk5�j?E,::.. BY: Deputy �I. 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: 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 ( his 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 2 3 1991 PHIL BATCHELOR, Clerk, B 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: A P R 2 4 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 1 Bruce G. Fagel 103674 LAW OFFICES OF BRUCE G. FAGEL 2 445 South Beverly Drive, Suite 200 RECEIVED Beverly Hills, California 90212 3 (213) 277-1288 - FAX (213) 277-0835 4 Attorneys for Claimants ::2 2 �99` 5 �R D OF CONTRA COSTA CO 6 7 8 9 CLAIM FOR DAMAGES AND PERSONAL INJURIES 10 11 12 JENNIFER HOPKINS and TOM HOPKINS, ) CLAIM FOR DAMAGES AND PERSONAL INJURIES 13 Claimants, ) GOVERNMENT CODE §910 14 > vs. 15 > 16 COUNTY OF CONTRA COSTA and ) MERRITHEW MEMORIAL HOSPITAL; ) 17 J. BLISS, M.D. , ) DR. JORGENSON, ) 18 DOES 1 to 50, Inclusive. ) 19 ) Respondents. ) 20 ) 21 22 TO: THE COUNTY OF CONTRA COSTA, a political subdivision of the State of 23 California and MERRITHEW MEMORIAL HOSPITAL, a public entity, owned and 24 operated by the COUNTY OF CONTRA COSTA and the above named Respondents: 25 You are hereby notified that JENNIFER HOPKINS and TOM HOPKINS, 26 whose address is in care of their Attorney, Bruce G. Fagel, 445 South 27 Beverly Drive, Beverly Hills, California, 90212, claims damages from the 28 above-mentioned entities and individuals in the amount, computed as of the 1 1 date of the presentation of this claim of $450,000. 2 The Claim is based on personal injuries sustained at MERRITHEW HOSPITAL 3 on or about October 31, 1990, while JENNIFER HOPKINS was a patient at said 4 hospital while in labor and giving birth to a child, who died in utero. 5 (See patient' s chart number 4727822-85-0016) 6 The injuries occurred from negligence during her care and treatment 7 rendered by the above named physicians, and other physicians whose names 8 are unknown at this time, nurses and other employees of the above named 9 county and hospital, whose names are unknown at present. Said Claim is also 10 based on the negligence of the hospital in selecting and periodically 11 reviewing the competence of its medical staff and other hospital employees 12 and failure to obtain knowledgeable informed consent as well as negligently 13 operating and maintaining their equipment and premises. 14 Said acts of negligence include but are not limited to failing to 15 adequately monitor the patient during her labor and to perform a timely 16 cesarean section for fetal distress. 17 The names of the public employees causing the child' s injuries and her 18 death are unknown to Claimants at this time, although according to present 19 information they are nurses, physicians and other medical personnel 20 employed by said 'hospital, and as specifically named in the caption of this 21 claim. 22 The damages to Claimant JENNIFER HOPKINS consist of general damages for 23 pain, suffering, permanent disability and emotional distress for the loss 24 of her unborn child. JENNIFER HOPKINS also claims damages for past and 25 future medical expenses as well as loss of earnings and earning capacity. 26 The amount of said damages are unknown at the time of the presentation of 27 this claim as follows. 28 General Damages and Pecuniary, Damages: $350,000. 2 1 Medical Expenses: Unknown. 2 Loss of Earnings: Unknown. 3 The damages to TOM HOPKINS include the loss of his spouse' s consortium 4 and services as the result of her personal injuries and damages: 5 General Damages: $100,000 6 Special Damages: Unknown 7 All Notices or other communications with regard to this claim should be 8 sent to the claimants in care of her attorney. 9 Dated: March 19, 1991 LAW OFFICES BRUCE FAGEL 10 11 By 12 Bruce G. Fagel 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /—o and/911910/ 3 /rPa/Ps/n9r/ 03/19/91 1 PROOF OF SERVICE BY MAIL 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am a resident of the county aforesaid. I am over the age of eighteen 4 years and not a party to the within action. 5 My business address is 445 South Beverly Drive, Suite 200 Beverly Hills, 6 California 90212. 7 On March 19, 1991, I served the within Claim for Damages on the 8 interested parties in said action, by placing true copies thereof enclosed 9 in sealed envelopes with postage thereon fully paid, and also by Registered 10 Mail, in the United States mail at Beverly Hills, California, addressed as 11 follows: 12 Clerk of the Board Contra Costa County Board of Supervisor 13 651 Pine Street Martinez, California 94553 14 15 I declare under penalty of perjury under the laws of the State of 16 California, that the foregoing is true and correct. 17 Executed on March 19, 1991, at Beverly Hills, California 18 19 Phyllis Simon 20 21 22 23 24 25 26 27 28 /wootlwartl/gov9l0/ /rpa/ps/DBr/ 4 03/19/91 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 APRIL 23, 1991 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: RAUCH, Jack A. ATTORNEY: Jack A. Rauch . Law Offices Date received ADDRESS: 810 E Street BY DELIVERY TO CLERK ON March 21, 1991 San Rafael, CA 94901 BY MAIL POSTMARKED: March 13, 1991 I„ FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 22 1991 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy I1. FROM: County Counsel TO: Clerk of the Board of Supe rs ( ) 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: y / 1 �'1 BY: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Adminis rator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( V1 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. �tt1n Dated: APR 2 3 1991 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. ep Dated: APR 2 4 IJ9 lt BY: PHIL BATCHELOR by Deputy Clerk, CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: k A. Rauch Law fices 810 E reet San Rafae 94901 Re: Claim of JACK A. RAUCH 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: aw"t Deputy C unty Couns 1 CERTIFICATE OF SERVICE BY IL 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: 1� ` 0,\ , at Martinez, California. All cc: Clerk of the Board of Supervisors ( riginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 . 4, 910 . 8) JACK A. RAUCH DECEIVE® ATTORNEY AT LAW CERTIFIED CRIMINAL LAW SPECIALIST 810 E STREET MAR 2 1 1991 SAN RAFAEL, CA 94901 (415) 457-1485 FAX(415) 457-0278 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. March « , 1991 Clerk of the Board 651 Pine Street, Room 106 Martinez, CA 94553 Re: Claim of Jack A. Rauch Dear Sir or Madam: Enlosed please find a claim against the County, a copy thereof and a self addressed stamped envelope. Please file the claim and endorse the copy and return it in the envelope provided. Thank you for your attent4to reF"',St. ru ur , Jack A. Rauch RECEIVE® MAR 2 1 1991 CLERK BOARD OF SUPER CONTRA COSTA C CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: Contra Costa County Jack A. Rauch hereby makes claim against Contra Costa County and makes the following statements in support .of the claim: 1. Claimant's address is c/o Law Offices of Jack A. Rauch, Attorney at Law, 8.10 E Street, San Rafael, CA 94901. Telephone number is (415) 457-1485. Notices concerning the claim should be sent to that address. 2. The date and place of the occurrences and transactions giving rise to the claim are various and ongoing, and include a number of different locations in the State of California, mostly in Northern California. 3 . The circumstances giving rise to the claim have been the subject matter of a previous claim filed with Contra Costa County. The subject matter of the claim involves Mr. Rauch's employment as a Deputy Public Defender from March of 1977 through March of 1990, and his position as the acknowledged leader of the Deputy Public Defender Unit of Local #1. During that period of time, Mr. Rauch suffered harassment, emotional distress, destruction of his professional reputation and career defamation, and ultimately his termination among other events. The subject of his termination is currently in an arbitration matter that as of this date has not been resolved. Extensive hearings were held in connection with the arbitration matter in front of Norman Brand in December of 1990 and January of 1991. During the course of the investigation, preparatory to the arbitration hearing, and at the hearing, further facts surfaced which give cause to additional claims against the County. 1 Some of those facts are in the possession of Charles James, the Public Defender of Contra Costa County, Thomas G. Beatty, the private attorney that has been retained to represent the County in connection with this matter, and the County Counsel 's Office, through Deputy County Counsel Vicky Dawes, after the normal exchange of discovery and documents. in connection with the arbitration. These facts and evidence give rise to the additional claims that Mr. Rauch has been and continues to be subject to the intentional and negligent infliction of emotional distress, and that among other matters it now appears that some of the individuals who have been involved in harassing Mr. Rauch were users of illegal narcotics. Some of these individuals include persons who now are in high-level management positions in the Public Defenders Office, having been placed there by appointment through a procedure exempt from the merit system by Mr. James. These individuals include persons who are among Mr. James' closest friends and associates in the office, and it would appear that Mr. James knew or should have known that they were users of illegal narcotics. It also would appear that just as the County has a right to not have employees who are appearing on the job affected by their use of illegal narcotics, that employees of the County have a right not to- be subjected to emotional distress by fellow employees or supervisors who the County Managers know or should have known were users of illegal narcotics. It also has come to light that in connection with the use of illegal narcotics and other matters, that the Public Defenders Office has been maintained, and Mr. James and others have gained control of the Public Defenders Office and continue . to conspire to control the Public Defenders Office through a series of acts prohibited by Federal Racketeering .Statutes (RICO- 18 USCA 1961 et seq. ) . Included among those acts, of course, are the aforementioned use of illegal narcotics, plus the annoying, harassing, molesting, threatening, intimidating of witnesses in connection with some of these matters, and ongoing obstruction of justice in connection with perjury, deprivation of client's rights, hiring of unlicensed personnel, conflict of interest and the failure to protect the confidentiality of client material as required by the California State Bar requirements of professional conduct among other matters. It would also appear that Mr. James and other Managers of Contra Costa County are in violation of Section 53296 of the California Government Code, the so-called local government "whistle blower" statute, and Mr. Rauch has been the victim and is entitled to damages as spelled out in that statutory scheme. Mr. Rauch has used all good faith efforts to exhaust his administrative remedies as required by that -statute, but has been precluded therefrom by activities not done in good faith by Mr. James and others representing him on behalf of the County. 2 It is also claimed that Mr. Rauch has been damaged extensively by .the County's deprivation of rights guaranteed him under the Myers-Milias-Brown Act and claims damages therefore (Gov. Code §3500 et seq. ) . 4. All of the employees of Contra Costa County causing claimant's damages are not known, but they include permanent, temporary and contract employees of the Contra Costa County's Public Defenders Office and Charles James, the Public Defender of Contra Costa County. 5. The amount of damage to Mr. Rauch cannot be calculated at this time because it involves the loss of his employment and all the benefits attendant thereto and in connection therewith grave damage to his professional reputation, he has not been able to earn a living for almost one year, and the prospects for future income are vY dim. Therefore it would appear that the damages would be in a cess o Million Dollars ($1, 000, 000. 00) . Dated: J 3 Ja A. Rauch Attorney at Law 3 � w 0� �K �� Y9 to ' rare 0 o� s rn0 CT b� ro N O ct N qy 0O O ul W' O n tfi "f o V w r� 11s 1ST 1 N W 0500 N fi •fir �D l� p 0 ct N i p r,G D %- N r Vo e � v, �1991 :.- tt '0 fi�H N� D cp ` CLAIM �, l • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT APRIL 23, 1991 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: SHAW, 'Abby for Eric Shaw ATTORNEY: Steven L. Derby, Esq. jA Evans, Farber & C.ipinki. Date received ADDRESS: 540 Pacific Avenue BY DELIVERY TO CLERK ON March 20. 1991 NMTI.1r .. CALIF. MAIiTlNE�: GiA . San Francisco, CA 94133 ;"Cert. PO45-233-907 BY MAIL POSTMARKED: March 19, 1991 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: March 22, 1991 PPHHIL ATCHELOR, .Cler 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 late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). 1 ( ) Other: Dated: 3 25 191 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administr 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 ( 0---This ORThis 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. D (] Dated: APR 2 3 1999 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sectsn 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 2 4 1991 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator EVANS, FARBER & CIPINKO ATTORNEYS AT LAW 540 PACIFIC AVENUE GENE A. FARBER 8383 WILSHIRE BOULEVARD H. LEE EVANS SAN FRANCISCO, CALIFORNIA 94133 SUITE 549 SANFORD M. CIPINKO (415) 956-1800 BEVERLY HILLS,CALIFORNIA 90211 .JOHN C. ROGALSKI TELEFAX(415) 956-1876 OF COUNSEL STEVEN L. DERBY KENT A.SPIELLER March 19, 1991 VIA CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors COUNTY OF CONTRA COSTA .- RECEIVED 651 Pine Street Martinez, CA 94553 MAR 2 0 1991 Re: Trudy Lynn Shaw CLERK BOARD OF SUPERVIS Dear Sir/Madame: CONTRA COSTA CO. This is a government tort claim brought by Abby Shaw on behalf of his son, Eric Shaw, a minor child against MERRITHEW MEMORIAL HOSPITAL for malpractice and negligence resulting in the death of Trudy Lynn Shaw on or about September 24, 1990. Mr. Shaw and his son reside at 1434 Del Rio Circle Concord, CA 94518. All notices concerning this claim should be sent to the undersigned. The specific circumstances giving rise to this claim are as follows: Ms. TRUDY LYNN SHAW was treated on an out-patient basis and on- an emergency basis at various times at MERRITHEW MEMORIAL HOSPITAL beginning on or about November of 1989 and continuing until her death by Doctor Ashbrook, Doctor Slauson, Doctor Nakell, Nurse McCauley and various other doctors, nurses and nurses assistants whose names are presently unknown to claimant. Among Ms. Shaw's afflictions, were chronic pain syndrome, depression, alcoholism and substance abuse. Dr. Ashbrook was aware, through conversations with Ms. Shaw's mother six months before Ms. Shaw's death, that Ms. Shaw had attempted suicide in 1986 and Dr. Ashbrook was fully apprised of the circumstances surrounding that suicide attempt. These doctors, nurses and nurse's assistants acted negligently and below the standard of care of practicing healthcare providers by prescribing nortriptyline to Ms. Shaw who suffered from chronic depression, substance abuse and alcoholism. They further failed to take precautions to prevent Ms. Shaw from mixing nortriptyline with alcohol. EvANs, FARBER SC CIPINKO ,j ATTORNEYS AT LAW VIA CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED March 19, 1991 Page 2 As a direct and proximate result of these omissions, Ms. Shaw was given Nortriptyline which when mixed with alcohol, can lead to the death of the patient. Ms. Shaw did die of an overdose of alcohol and nortriptyline on September 24, 1990. Based upon the foregoing, Abby Shaw claims damages on behalf of Eric Shaw for the wrongful death of Trudy Lynn Shaw in an amount exceeding $10,000. 00 and exceeding the jurisdictional minimum of the Superior Court. Very t my yours, S en L. Derby shaw-cla. 319 cc: Abby Shaw u' G � N O D 2 !jS � N n p W o lop 1`� Q ON 00 NN O k c' Cs N n � oro "o0a � w p� - R to 0, P All -J3 00 r