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HomeMy WebLinkAboutMINUTES - 04211992 - 1.13 CLAIM ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA •v� 1 Claim hgainst the County, or District governed by) BOARD �9 91? the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT ApH772T, Ign- and Board Action. Al1 .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 "Warnings". CLAIMANT: DAVIS, Barbara Jean and Richard ATTORNEY: Pelletreau, Moses, Alderson & Cabral 3260 Blume Drive, Suite 410 Date received ADDRESS: Richmond, CA 94806-5277 BY DELIVERY TO CLERK ON March 31, 1992 BY MAIL POSTMARKED: Hand delivered from Risk Management I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk v DATED: April 1, 1992 BY: Deputy al1w 4 4UdA 2 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: l I 11; BY: IJ �• 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 (.,I, This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. c� Dated: APR �+ ASK PHIL BATCHELOR, Clerk, B AAA. 01 1 AA6 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 NOo ice to Claimant, addressed to the claimant as shown above. Dated: APR 2 1 1992 BY: PHIL BATCHELOR by fl Deputy Clerk CC: County Counsel County Administrator i .. iQ 41 In RECEIVED- CLE RK BOARD OF SUPER ISORS CONTRA COSTA CO. 1 CLAIM AGAINST COUNTY OF CONTRA COSTA 2 TO: THE COUNTY OF CONTRA COSTA 3 The claimants herein present the following claim for 4 damages against the above-named governmental agency and in 5 compliance with Section 910 of the California Government Code 6 sets forth in detail the following information: 7 A. The names and post office address of the claimants 8 are: Barbara Jean Davis and Richard Davis, 2309 Tennent Court, i 9 Pinole, CA 94564 . U 10 B. The post office address to which notices in Ca z11 connection with this claim are. to be sent is : Pelletreau, Moses, 0 oN � w uj 12 Alderson & Cabral, 3260 Blume Drive, Suite 410, Richmond, CA > Z X 13 94806-5277 : c o � (ng W J W W 3 U 8 14 C. The date, place and circumstances of the 0 o m " M1 Nf Mho 15 occurrence which give rise to the claims are as follows : ] a � w 16 On. December .28, 1991 at 2350 San Pablo Avenue, Pinole, a 17 California, Barbara Jean Davis slipped and fell on a PG&E grate a w a" 18 in the public sidewalk., 19 D. A general description of the injuries and the 20 losses incurred, so far as are known at the present time, are as 21 follows : Barbara Jean Davis suffered injuries to her left knee 22 and leg. . Total medical bills are unknown. Richard Davis claims 23 damages arising out of loss of consortium. 24 E . The names, of the public employees causing the 25 injury are: The names of the individuals responsible for the 26 above circumstances and losses are unknown to claimants but are -1- 1 well-known to the County of Contra Costa. 2 E. The amount claimed as of the presentation of these 3 claims are: The amount claimed on behalf of each of the claimants 4 herein exceed $10,000. Jurisdiction of this claim would rest in 5 the Superior Court. 6 Dated: March 30, 1992 . 7 PELLETREAU, MOSES ALDERSON & CABRAL ,f 8 /( 9 y ONAL E. PATTERSON, U 10 Attorneys for Claimants z N ; 11 Q 0- m a a 0 m wd " 12 m 3 m o _ Z 13 vwi w ? u8 14 f-i x 0 0 6 0 O N M s 15 w 16 a 17 w a 18 19 20 21 22 23 24 25 26 P:\P\DAVZS-ZZ.CLM -2- . A PROOF OF SERVICE BY MAIL (CCP 1013a, 2015 . 5 (Employee of Pelletreau, Moses, Alderson & Cabral) 1 The undersigned declares as follows : 2 I am employed in the County of Contra Costa, 3 California. I am over the age of eighteen years and not a party to the within entitled cause. My business address is 3260 Blume 4 Drive, Suite 410, Richmond, California. 5 I further declare that I am "readily familiar" with the firm' s practice for collection and processing correspondence for 6 mailing with the United States Postal Service. The correspondence would be deposited with the U.S . Postal Service on 7 the same day in the ordinary course of business . 8 I further declare that on the date set forth below I served the documents attached hereto and described below on the 9 parties and persons set forth below by placing a true copy thereof enclosed in a sealed envelope. I further declare that U 10 said envelope was placed for collection and mailing on that date following ordinary business practices . Z a m 11 0 0 a gtm " 12 DESCRIPTION OF DOCUMENTS SERVED AND ATTACHED: SW < IA - - W> g < 13 ° LLCLAIM AGAINST THE CITY OF PINOLE w < 8 14 w J U u0 .. = 0 15 NAME AND ADDRESS OF PERSONS SERVED AS SHOWN ON SEALED AND DEPOSITED ENVELOPE: w 16 17 County Adminstrator a Risk Management Division 18 County of Contra Costa 651 Pine Street, 6th Floor 19 Martinez, CA 94553 20 21 DATE OF MAILING: March 30, 1992 . 22 I declare under penalty of perjury under the laws of 23 the State of California that the foregoing is true and correct and that this declaration is executed on March 30, 1992 , at 24 Richmond, California. 25 JOD I E- BRYANT 26 (Type or print name) (Signat re) . j � § \ # ` jC \ A /. ( i � ) \ r » o { k0 7 < T z n B % k \ r U CO ) \ \/. m a "D � 3 / ct cr � 0 \ ) a n 7 CD Ln Ln 2 \ 2 2 ■ � 7 nirt . Ln � n ¥ o 7 H rt ED mAP* y � » N � ��( 0 � '\ > � � . p � ' ~2�# Q \ %/ ,..2 }� 1, L3 CLAIM 99BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA M�R 31. 1 Claim Against the Co N1 yL Or.&strict governed by) BOARD ACTION the Board of SuperZJIW,o XjKng Endorsements, ) NOTICE TO CLAIMANT April 21, 1992 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/Indemnity Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MEHLMAN, Carrie ATTORNEY: KINCAID, GIANUNZIO, CAUDLE & HUBERT 500 Ygnacio Valley Road Date received ADDRESS: Suite 400 BY DELIVERY TO CLERK ON March 30, 1992 Walnut Creek, CA 94596 March 27, 1992 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL gATCHELOR, Clerk DATED: March 31, 1992 : Deputy 1I. 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: ���� /12 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. BOARDD 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 2 11992 PHIL BATCHELOR, Clerk, ByQ0PJ'AJL, 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: AP R 2 1 1992 BY: PHIL BATCHELOR by(1Deputy Clerk CC: County Counsel County Administrator '�(YY�Y�veyYMbtlY ' ire Cal LO N Ln V Ln P4 EO E-4 r H cn to Y1 � a 0 Q_ +) 44 m z 0) �. 0UU t , ��' U Aa O (1) N y MHa x0LOro H U �o H m w m = m cb Z m � ° a W 0 z u� ° m p Q 4 U w ° m J o O a p U z m 0 Y Z m 0 w W N m i Z 0 f Ian a 7 v J ' c 3 Q U Z Y , MICHAEL R. WELCH, ESQ. KINCAID, GIANUNZIO, CAUDLE & HUBERT A Professional Corporation RENED 500 Ygnacio Valley Road; Suite 400 Post Office Bou 30780 Walnut Creek, California 94596 MAR 3 O (510) 930-9111 s for Defendant CLERK BOARD oF sAtRvisc,=° Attorneys ` CONTRA COSTA l.U. CARRIE MEHLMAN CLAIM AGAINST THE COUNTY OF CONTRA COSTA TO: THE BOARD OF SUPERVISORS, CLERK COUNTY OF CONTRA COSTA 651 Pine Street Martinez, California 94553 CLAIMANTIS NAME: CARRIE MEHLMAN CLAIMANT'S ADDRESS: c/o KINCAID, GIANUNZIO, CAUDLE & HUBERT 500 Ygnacio Valley Road Suite 400 Walnut Creek, California 94596 CLAIMANTIS TELEPHONE: (510) 930-9111 AMOUNT OF CLAIM: Contribution and indemnity according to proof ADDRESS TO WHICH NOTICES ARE TO BE SENT: KINCAID, GIANUNZIO, CAUDLE & HUBERT 500 Ygnacio Valley Road Suite 400 Walnut Creek, California 94596 DATE OF OCCURRENCE: July 31, 1991 ORIGINAL COMPLAINT: Contra Costa County Superior Court Action Number: C92-00353 SERVED ON CLAIMANT: February 23, 1992 PLACE OF OCCURRENCE: Kirker Pass Road County of Contra Costa State of California HOW DID CLAIM ARISE: Attached hereto is a copy of Complaint in which CARRIE MEHLMAN is a defendant (Exhibit "A") . Consequently, the defendant CARRIE MEHLMAN is seeking indemnity and/or contribution based upon the above facts against the COUNTY OF CONTRA COSTA. The basis of the liability is set forth in Exhibit "A". ITEMIZATION OF CLAIM: In addition to the facts set forth in Exhibit "A", this defendant is claiming indemnity, contribution and attorney's fees. DATED: RINCAID, GIANUNZIO, CAUDLE & HUBERT A Professional Corporation MICHAEL R. WELCH, ESQ. Attorneys for Defendant CARRIE MEHLMAN ATTORNEY•OR PARTY WITHOUT ATTORNEY(NAME AND ADDRESS% (510) 827-0556 TELEPHONE: FOR COURT USE ONLY STAN CASPER CASPER, LOEWENSTEIN & SCHWARTZ A Professional Corporation 1320 Willow Pass Road, Suite 500 Concord, CA 94520 ATTORNEY FOR(NAME): Plalntlf f LEANNE 0'CONNOR insert name or court, juaictiai dismct at branch court, it any, and post office and sweet address; 19 Z ,,l i! 9 P 3 19 SUPERIOR COURT OF THE STATE OF CALIFORNIA : IN AND FOR THE COUNTY OF CONTRA COSTA cI etr 725 Court Street CO- P. 0. Box 911 Martinez, CA 94553 Tf-ii'� ': - 4S 'JED TO PLAINTIFF: LEANNE O'CONNOR DEPT, I I AND CONIES UNDER OO'JE -ME U( CODE 6a6ua DEFENDANT: COUNTY OF CONTRA COSTA, CARRIE MEhZ,MAN, and ® DOES 1 TO _411-,-inclusive CASE NUMBER: COMPLAINT- Personal Injury, Property Damage,Wrongful Death ®MOTOR VEHICLE ®OTHER(specify): Premises Liability ®Property Damage Q Wrongful Death C 2 If of ®Personai injury ® Other Damages(specify): Pain and Suffering 1. This pleading,including attachments and exhibits,consists of the following number of pages: 6_ 2 a. Each plaintiff named above is a competent adult Q Except plaintiff(name): 0 a corporation qualified to do business in California Q an unincorporated entity(describe): Q a public entity(describe) Q a minor Q an adult [] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed [] other(specify): Q other(specify): Q Except plaintiff(name): =a corporation qualified to do business in California Q an unincorporated entity(describe): Q a public entity(describe) Q a minor Q an adult Q for whom a guardian or conservator of the estate or a guardian ad[item has been appointed t]other(specify): []other(specify): b. Q Plaintiff(name): ,\ A Ir is doing business under the fictitious name of(specify): )` and has complied with the fictitious business name laws..- / 1 c. Q Information about additional plaintiffs who are not competent adults is shown in Complaint- Attachment 2c. (Continued) Form Approved ay the 51 Juoiciai Council of Calitomia' COMPLAINT- Personal In ury,Pro a Damage Effective January ttary"t982 Wrongful Death p g CCP 425.12 SHORT TITLE:O'CONNOR v. COUNTY OF CONTRA COSTA CASE NUMBER: COMPLAINT - Personal Injury,Property Damage,.Wrongful Death Pagetwo 3. a. Each defendant named above is a natural person ® Except defendant(name): Q Except defendant(name): COUNTY OF CONTRA COSTA [Q a business organization,form unknown []a business organization,form uknown [Q a corporation Q a corporation Q an unincorporated entity(describe): []an unincorporated entity(describe): ( a public entity(describe): Q a public entity(describe): county government Q other(specify): Q other(specify): Q Except defendant(name): Q Except defendant(name): Q a business organization,form unknown []a business organization,form unknown Q a corporation Q a corporation [] an unincorporated entity(describe): []an unincorporated entity(describe): Q a public entity(describe): Q a public entity(describe): Q other(specify): Q other(specity): b. The true names and capacities of defendants sued as Does are unknown to plaintiff. c. Q information about additional defendants who are not natural persons is contained in Complaint- Attachment 3c. d. Q Defendants who are joined pursuant to Code of Civil Procedure section 382 are(names): 4. Plaintiff is required to comply with a claims statute,and a. [XI plaintiff has complied with applicable claims statutes,or b. Q plaintiff.is excused from complying because(specify): ` 5. This court is the proper court because Q at least one defendant now resides in its jurisdictional area. Q the principal place of business of a corporation or unincorporated association is in its jursidictional area. ® injury to person or damage to personal property occurred in its jurisdictional area. Q other(specify): 6. [] The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers): (Continued) Page two SHORT TITLE: 0'CONNOR v. COUNTY OF CONTRA COSTA CASE NUMBER: COMPLAINT - Personal Injury, Property Damage,Wrongful Death (Continued) Page three 7. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are Q listed in Complaint—Attachment 7 Q as follows: S. Plaintiff has suffered ®wage loss ®loss of use of property hospital and medical expenses- general damage Q property damage ( loss of earning capacity ® other damage(specify): pain and suffering 9. Relief sought in this complaint is within the jurisdiction of this court. 10. PLAINTIFF PRAYS For judgment for costs of suit; for such relief as is fair, just, and equitable; and for ®compensatory damages ® (Superior Court) according to proof. Q (Municipal and Justice Court)in the amount of$ Q other(specify): 11. The following causes of action are attached and the statements above apply to each: (Eacti complaint must have one or more causes of action attached Q Motor Vehicle Q General Negligence Q Intentional Tort Q Products Liability ® Premises Liability Q Other(specify): Dated: . January* 22 , 1992 CASPER, LOEWENSTEIN & SCHWARTZ A Professional Corporation S TAN, GAS ?ER (Type or print name) (Signature at otamtitt or dtdm-ey) 51 COMPLAINT - Person-al Injury, Property Damage, Page three SHORT TITLE O'CONNOR V. COUNTY OF CONTRA COSTA CASE NUMBER: FIRST CAUSE OF ACTION - Premises Liability Page 4 (number) ATTACHMENT TO ® Complaint = Cross-Complaint (Use a separate cause of action form for each cause of actionJ Prem.L-1. Plaintiff(name):LEANNE O'CONNOR alleges that the acts of defendants were the legal(proximate)cause of damages to plaintiff. on(date): JU.ly 31, 1991 plaintiff was injured on the following premises in the following fashion(description of premises and circumstances of injury): SEE ATTACHMENT TO COMPLAINT, Page 5 Prem.L-2 LX] Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were(names): CONTRA COSTA COUNTY, and ® Does 1 to 10 Prem.L-3. Q Count Two-Willful Failure to Warn [Civil Code section 8461 The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Q Does to Plaintiff, a recreational user, was Q an invited guest Q a paying guest. Prem.L-4. Q Count Three-Dangerous Condition of Public Property- The defendants whG owned public property on which a dangerous condition existed were(names):CONTRA COSTA COUNTY, and Does 11 to 20 a. (X] The defendant public entity had ® actual ® constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. Q The condition was created by employees of the defendant public entity. Prem.L-5. a. Q Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Q Does to b. Q The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are Q described in attachment Prem.L-5.b Q as follows(names): 55 Forth Aooroved by the Judicial council of camomia Effective january t.t992 f%A1 ICG (W ArTInIU - Drnn.icnc,I inhil4v PETITIONERIPLAINTIFF: LEANNE O'CONNOR CASE NUMBER: RESPONDENT/DEFENDANT: COUNTY OF CONTRA COSTA• STATE ATTACHMENT TO COMPLAINT Page 5 On July 31, 1991, plaintiff was injured in a motor vehicle accident on Kirker Pass Road, one mile south of Nortonville Road, in Contra Costa County. The accident occurred when plaintiff's vehicle hit another vehicle, driven ,by Carrie Mehlman, from behind. Ms . Mehlman's vehicle was stopped in the fast lane on northbound Kirker Pass Road, at the end of a downhill curve that prevented northbound drivers from observing her stopped vehicle in time to prevent a collision. A direct and proximate cause of the above-described collision was a dangerous condition of public property then-existing at the section of highway at which the accident occurred. Said dangerous condition, of which agents and/or employees of defendants Contra Costa County, and Does 1 through 20, and each of them, had actual and constructive notice, was the existence of an opening in the protective barrier separating north and south bound traffic on Kirker Pass Road. That barrier originally consisted or two pairs of double yellow lines surrounding a section of raised speed bumps, but the barrier had been eradicated for approximately a 20-yard length. Said break in the protective barrier had been made by persons unknown and had been in existence for at least five years . The affect of. the existence of that opening was to encourage drivers to make illegal and unsafe left and U-turns in the face of oncoming traffic, rendering the location a dangerous condition of public property. SHORT TITLE: 0 CONNOR v. COUNTY OF CONTRA COSTA CASE NuweER: SECOND CAUSE OF ACTION - Motor Vehicle Page 6 (number) ATTACHMENT TO X1 Complaint Q Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff(name): LEANNE O'CONNOR MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were legal(proximate)cause of injuries and damages to plaintiff; the acts occurred on(date): July 31, 19 91 at(place):Rirker Pass Road, Concord, California My-2. DEFENDANTS a. M The defendants who operated a motor vehicle are(names): CARRIE MEHLMAN rM Does 21 to 30, inclusive b. MI The defendants who employed the persons who operated a motor vehicle in the course of their employment are(names): Q Does to C. M The defendants who owned the motor vehicle which was operated with their permission are(names): CARRIE MEHLMAN ® Does .3 1 to 40, inclusive d. ® The defendants who entrusted the motor vehicle are(names): Q Does to e. Q The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were(names): Q Does to f. Q The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are Q listed in Attachment MV-2f Q as follows: Q Does to Form Anproveo by the 52 ,luniciat council of camomia Effective January i.tge2 R111w QWP 1 Ml NA—+- I PROOF OF SERVICE BY MAIL rc.C.P. Sections 1013a(3) , 2015.5] 2 I, the undersigned, declare: 3 That I am employed in the City of Walnut Creek, County of Contra Costa, State of California; that I am over the age of 4 eighteen years and not a party to the within cause; that my business address is 500 Ygnacio Valley Road, Suite 400, Walnut 5 Creek, California 94596. 6 That on March 27, 1992, I served the within CLAIM AGAINST THE COUNTY OF CONTRA COSTA on the interested parties, 7 by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the outgoing mail box 8 located in my office addressed as set forth below in accordance with ordinary business practices for deposit with the United 9 States Postal Service in Walnut Creek, California. I am readily familiar with my office business practice for 10 collection and processing of correspondence for mailing and the within correspondence will be deposited with the United States 11 Postal Service this date in the ordinary course of business. 12 THE BOARD OF SUPERVISORS, Clerk COUNTY OF CONTRA COSTA 13 651 Pine Street Martinez, California 94553 14 I declare under penalty of perjury under the laws of the 15 State of California that the foregoing is true and correct. 16 Executed at Walnut Creek, California this 27th day of March, 1992. 17 18 i rie J. eccarelli, Declarant 19 20 21 22 23 24 25 26 27 28 ^tris uw o�lces of KINCAID.GIANUNZIO. CAUDLE&HUBERT A PROFESSIONAL CORPORATION PD CLAIM _ MPR 3 1 199ARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the Cou To ict governed by) BOARD ACTION the Board of SupervispcOlt*dting Endorsements, ) NOTICE TO CLAIMANT April 21, 1992 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: $225.91 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MELANDER, Rhan C. ATTORNEY: Date received ADDRESS: 4155 Tulare Court BY DELIVERY TO CLERK ON March 26, 1992 Antioch, CA 94509 BY MAIL POSTMARKED: March 25, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 31, 1992 PpHHIL BATCHELOR, Clerk � DATED: BY: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: )- 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. BOARDD 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 2 1 1992 PHIL BATCHELOR, Clerk, By, Q4 ° 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 cshown Qabove. Dated: BY: PHIL BATCHELOR by Deputy Clerk o„• CC: County Counsel County Administrator r � y 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 o . 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. BE: Claim By ) Reserved for Clerk's' filing stamp ECEIVED Against the County.of Contra Costa ) 2 6 1992 or ) LIAR District) Cts so oF suP � .%� Fill in name )._. CONTRA COS The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District. in the sum,of.$ - a and in support of this claim represents as follows: ----------------------- --------------------------------_---------- 1. When did the damage or injury. opeur?. (Give exact date and hour) ` _ � L Ic��� 921 2. Where did the damage or injury occur? .(Include city and county) Z M«F—S CC) Ccss O aax"ov\1A gC;6 ao. ---rrr-rNl----rr--NM-1rrrrNNrM-rrlrr-�r-rr-M--NrrNrNrrr-!_r_--r N 3• How did the damage or injury occur? (Give full deNtails;,,.use extra; paper if . required) -7 - . co"a'AD-Z, t t--3 T -�=� C�P-c_V__ o i.(ZJe..k._ 04b 1N4 cam. i 4-I.gT Aub f-1 is.�. r_rrrlNrrlrN1lrrrl�rr�lr-rLl-rwrrr-1�Nr-1�r�r-�rlrr�!!_rrrrrrlr..r.�lr!_�l.�r 4. What particular act or omission on the par':t of county or district officers, servants on employees caused the injury.�or damage? (over) ,. r,,,v%, wvw wit: names of county or district officers, servants or employees causi% 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. -� Na----------------------------------------N------MN..------------------- - 7. How was the -amount claimed_ above computed? (Include the estimated amount of any prospective injury •or damage.) -----------------------------------NNS.----------M---N-----N----M------M------ 8. ; Names and addresses of witnesses,,,doctors and hospitals. ~. -----------------------------------------------------------------=---N-------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT � �F 9F $ iF $ �? � � �1�:���;*�*�9h $ �r* �.� � •� iF 1F IF * �! * * � � �! # iE # � iF !E # � Gov. Code Sec.. 910.2 provides: a � "The claim must be signed by the claimant SEND NOTICES TO: (Attorne )```t or ome person on his bahalf.11 Name and Address of ,Attorney g ;; N . . . ay Claimant's Signature (Address). Telephone No. Telephone No. e 1 .*. 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. ' 08:4t:D FF-,'OM LOFi-EHTRP-.L HIC-11. �:_k- TO 4474780 P.01 ru Libby-Owens-Ford C^,. I Es-,Img. a19182774 WORK ORDER Gass Centers f-4 T P. 0A7E V.1�'3/- rt L 4 9 2 TO ADDAESS Kr-,kll0DZL 91, tfiqZDfA', 2D PICKUP, Ba000, S28 ADDRE-:,,S OCER4W 9 MILEAGE CLPIJAW -SPE�,W-iNST, DATE TIME WORK PHONE 9 PH m.,%0,zT7: TIME rTRII PXIV!l'el, LIST PRIE $ALE FRIGE TAX ----------- 1, !Fcw!�,o 1 s- �.t7ORFIG4 WINV:3HIELD f 1 !5. 65 TX IL...PROR-FDREIG-N WINDSHIE I f `5. 00 i 1UF W !U-Kl-1 V:CjRETGN INU -`'• 9. x pav fit t Re f erenc-E p r-Oro v I Dai. e Pmaunt S u b 210. 60 Tax 71HIS i S NUT 1.,#4 1�0 lr�O,T- P".-y PAN"INIF OLD`-T2 NAME RYRN IWILANDF-R­ A M-H ADDRESS FAX . 510) 44 ADDRESS ADDRESS �2 I V E R ill 0 R F i-'OR E 0 (,'iTY ST97F. PHONE 4 PHOINE 4t YU A IN11 DATE Gr OF LOSS LGB ............. . MAR 24 '92 10:27A41 lw/:=: ACIc PIMA '=,TRE#150 P. 'TQRE: 150 WiraDELDS DAVE: r' 4/ �� 44i: SAhJ RAMOh� AM��FICA. INS. ,R) TIME: 11 17AM., t, '2157 SAPS RANION P:AMON. CA 94G SANi �'� �:r�.,��T s' OWNER: MELA�NDE'R. P`r'F'�N ©{JOIE NO. : 0C 70- - k. l5o CASH SALES --- SAN F.'P"LllON' REQ DAT �?-! '4/Q? 1•`,7 :.SAN PAMON VALLEY SL CUST # 4•{0714 2W SAN RAMON. CA �. .r 94,5273 r'!A%.`. hiA�^=• "aODEi . _tib= 9222`'_l'',(). ti�2..'643(,i. YE;1 ;: =`F''iR1. D1-EC-1R i='T I 0N QTY OT`{ yMT Nn 0F,'E:5 SHIF,PED FCW5f",1_AAA Wird5hield (,BI C-! 1 171 , 57 ` LADCF, U,:"I T 1 1 ,5• r_l(_t r. +ti e' . .*r. .v. ter ,,.-TC'TAL*** h ASTS 1 1 . 57, i F CR X45, �.ir . :ALES TAX $14. 15 � GROSS TOTAL �2-tel:'. 72 T OTAL , :r QUOTE ONLY. NOT VALID FOR MORE -1HAN 5r^, DAYSE=FROM DATE OF REQUEST ry` + i+.,n . MH-P 24 '92 il--D:i IL; L.i t`1Af1t 1,'7'HPat .: LAi Ie LSH P. 1 rLl,' t-allminnia ft- ��1�"_'`r � S 462-[}?77 t tt C n R P 4 r R 11 537-0564 l LL��1 . u i t,r,4 r7: 14 j� rt5 f,tatkt}'�t1nr1 .' r1 tCa'. Hayw;rrd Avenue,Suite ft * Plcasanit)rl,California 9456 ArkPJT AUROHASE CASH I --• oRQ�� l�pPi ----------- o�T+° ih;-- 4 !+ .Bd3�-1" IES CUSTOMER STATE TAY.0;c,-Em .;,ii,- CJ iOIIaR 7EDERAL TAX;,G Nu,- ADV,r-ODE oA.L ESMAN I,G, OP.bEl` TAKEN 6Y NSTALLEC BY FEDERAL TAX I.D.NO. 1 r3iLL TO: SOLD T'�: i� I I I 1 V,!,'iiZAN0E 00. POLICY CP.I!SE& ICY NAME LOSS LOCATION -----_ 1,AQENT PWX4 pale OF LOSS 08CUCT15LE t�l►�A 1011111,111 MAKE tt1a z d sy MODEL i..,'000 YEAR t 99;1, f]OARS Quan Part Color Kid: Labor Ll.st Sell Net FcInblo 1 Si tided 3, 5 Hr-s= 45. 00 ^4!6Lc 31 0 1 E,3. 40 217. 40 Additional Comments SHADE IS EITHER 51...i.JN'-GFiL L-:' >i riii:" PRONI'ZIE BRONZE SHADE WOULD LSF EX-Ci=SA !C d i A.IUTHL)?j7ATION TO PA'y 1 her6by authorize an.� empower ihv (above-narned insu!_are c,9rYipamr t4 pay this invoice in fuJ aettlamen,!, 006ction ana discnaryg of all loss under the above policy. Upon 3Aech p8yrnent,all rights I may have lot cl,;nt 3no dem(And for loss and damage described above against the above named 3n3urnrc6 company shall be thereby S;_lb tn-t al 217. 40 crever d434; hargad, In the avbnt that the ,bC:N named insurance company dcrg not mako tirntJy and/or full £a� i�a! I-=1 X I��� L- )ayrnent of this invoice according to its wras, I tter$by aCcapt responsibility for such payment and agree to pay;.A harges reflecteo on !sis invoice to the anove na.nar3]I? ,moarly subject to ano accnroing tU 0 !crrf,: finef cnditians an ihia u9voi(;6, TERMS ---J—v^ • .�_. �!=. _ Check kMS:hJET 3Q GAYS.SERVICE C-iARGc 6�l t?o F q%-C NTH it6`N FEP.ANh1U t)v ! 7;,Eo QN vzc DUE ACCOUNT& tp s � Y LO O d �� L. /fie► ckp �p?p P cn '� •pus� ������ � V t p �3 A • CLAIM p, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA �BV � MAR "' 01992 . Claim against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April Nsel and Board Action. All Section references are to ) The copy of this document mailed to you is y 024R�. of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Estimated $7,500.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PACIFIC BELL SECURITY ATTORNEY: Date received . ADDRESS: 633 Folsom Street, .Room 200 BY DELIVERY TO CLERK ON March 19, 1992 San Francisco, CA 94107 BY MAIL POSTMARKED: March 18, 1992 Certified P 048 489 427 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a_ copy of the above-noted claim. DATED: March 20, 1992 PpHHIL eputATCHELORy , Clerk BY: D (1a .3.1, 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 substanti'ally 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 �2. BY: ' C.—�(�,� �, Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admgnistrator (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. q Dated: AP R-9 1 1992 PHIL BATCHELOR, Clerk, By 04 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. 0 Dated: APR 2.1 1992BY: PHIL BATCHELOR by 0Deputy Clerk r •y_, CC. County Counsel County Administrator Security 633 Folsom Street,Room 200 PACIFICIVAIBELL® San Francisco,California 94107 A Pacific Telesis Company + (415)542-2464 March 16, 1992 RECEIVE® Case No. : MB2450022 MAR 1 9 1992 Contra Costa County CLERK BOARD OF SUPERVISORS Board of Supervisors CONTRA COSTA CO. 651 Pine Street Martinez, CA 94553 Ladies/Gentlemen: We are sending you the attached claim notice pursuant to Section 910 of the Government Code. If you have any questions, please contact the undersigned at (510)977-2171. Very truly yours, M. R. GYLOCK AREA CLAIMS MANAGER Attachments s, PACIFIC BELL CLAIM NO: MB2450022 DATE OF CLAIM: March 16, 1992 Pacific Bell presents a claim for damages against Contra Costa County as provided in Government Code Section 900 et. seq. CLAIMANT'S ADDRESS Pacific Bell Security 633 Folsom Street, Room 200 San Francisco, CA 94107 DAVE OF OCCURRENCE: 3/4/92 Note: Date of Occurrence is either the actual date the damage occurred or the date we discovered either the damage or the public agency involvement with the claim. LOCATION: 2479 Camino Diablo CIRCUMSTANCES CAUSING CLAIM: A dump truck operated by the county had its bed in the raised position while moving near our aerial cables . The bed caught these cables damaging them. DESCRIPTION OF DAMAGE: One 100 pair communications cable, One 200 pair communications cable and the associated support structures for both cables. ESTIMATED AMOUNT OF CLAIM: $7500.00 (NOTE: This is an estimated amount. Final costs with be presented when all charge ar etermined.) M. R. Gylock Area Claims Manager 1 Vit • . . r t2h 69h Who c 91! ry CO .d V m a d < M ME 00 a ts a- .Q.I Q W w a Q V � U ' Z o ' cp coU. N Q U- C d Mao a co CC CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, "CALIFORNIA .D Clain Against the County, or District governed by) BOARDWAO 01992 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT April 2 1., 1992 and Board Action. All Section references are to ) The copy of this document mailed to you is �ib�Q4�JkNT REE California Government Codes. ) the action taken on your claim by the Board of S�up�Tts (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: SHIELD, Wi11iam, JENKINS, William D. , and INTERNATIONAL POWER INVESTMENT, INC. ATTORNEY: Grant & Sternberg 540 Lennon Lane Date received ADDRESS: Walnut Creek, CA 94598 BY DELIVERY TO CLERK ON March 19, 1992 BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IV IL BATCHELOR, Clerk DATED: March 20. 1992 B�: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors \(� ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: / 20 / �2 BY:�JZ,.. 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. 0, Dated: AP R1 1992 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 1 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator • RECEIVED _. 9 1992 CLERK BOARD OF SUPERVISORS CONTRA COSTA Co. CLAIM AGAINST PUBLIC ENTITY IN THE MATTER OF THE CLAIMS OF WILLIAM SHIELD, WILLIAM D. JENKINS, AND INTERNATIONAL POWER INVESTMENT, INC. v. CONTRA COSTA COUNTY WILLIAM SHIELD, WILLIAM D. JENKINS, and INTERNATIONAL POWER INVESTMENT, INC. , hereby present this claim to CONTRA COSTA COUNTY pursuant to Section 910 of the California Government Code. The names and post office addresses of the claimants are as follows: William Shield (c/o: Grant & Sternberg) 540 Lennon Lane Walnut Creek, CA 94598 William D. Jenkins (c/o: Grant & Sternberg) 540 Lennon lane Walnut Creek, CA 94598 International Power Investment, Inc. (c/o: Grant & Sternberg) 540 Lennon Lane Walnut Creek, CA 94598 The post office address to which the claimants desire notices regarding this claim to be sent is as follows: Grant & Sternberg 540 Lennon Lane Walnut Creek, CA 94598 CLAIM FOR DAMAGES DUE TO FRAUD On or about October 29, 1986, and at various times prior thereto, and at all times thereafter, to and including January 28, 1992, agents and representatives of Contra Costa County Page 2 of 4 Pages intentionally misrepresented the intentions of the County regarding the lease of that property described as follows: Parcel B, as shown on the Map as MS92-78, recorded December 29, 1980, in Book 91, of Parcel Maps, at Page 41, Contra Costa Records commonly known as 5400, 5425 and 5429 Marsh Road, Concord, California. Agents and representatives of the County represented to the claimants that if the claimants sold the County the subject property for $765,756. 00, the County would allow the claimants to lease the subject property at a rental rate which was well below the fair market rental rate of the property until such time as the FAA determined it would commit said property for use as a grdenbelt buffer at which time the County would terminate the tenancy on thirty (30) days' notice. The County's true intentions were to treat this lease as a month-to-month lease subject to termination on thirty (30) days' notice. The County concealed its fraud and true intentions from the claimants and the claimants could not, through reasonable diligence, have discovered the fraud. On January 29, 1992, claimants discovered the County's fraud when the County served the claimants with a thirty (30) day notice terminating the tenancy which was not at all related to an FAA determination to dedicate the property for use as a clear zone. As a result of the County's fraud, claimants have and will experience damages in a sum not presently ascertained. Said damages will exceed the minimum jurisdictional amount of the Superior Court. Said damages will consist of attorney fees, relocation costs, increased rent, loss of business. CLAIM FOR DAMAGES DUE TO FRAUD - NEGLIGENT MISREPRESENTATION When the agents and representatives of the County made the above-referenced representations, they did so without any factual basis upon which it would have been reasonable to believe said representations to be true. As a result of the County's negligent misrepresentation, Claimant has and will experience the damages referred to in the claim for damages for fraud - intentional misrepresentation. r Page 3 of 4 Pages Claimant refers to the paragraph pertaining to the County's concealment of its misrepresentations and true intentions and Claimant's discovery thereof and incorporates the same by reference herein. CLAIM REGARDING INTERFERENCE WITH PROSPECTIVE ADVANTAGE On or about January 29, 1992, Contra Costa County purported to terminate the tenancy of the Claimants William D. Jenkins and International Power Investment, Inc. , at the above-described property, in violation of the terms of the agreements and contracts between the parties concerning the County's purchase of the property and the said Claimant's tenancy at said property. At the time of the County's purported termination of Claimant's tenancy at said property, Claimants enjoyed a sublease with Magnussen Barbee Dodge which produced rental income for the Claimants in the sum of $5, 121. 00 per month and would have continued to receive said income absent the County's wrongful interference with the rights of the Claimants in the property. Claimants will, thereby, experience a loss of rental income of $5, 121. 00 per month commencing on April 30, 1992, and continuing thereafter in a sum not presently ascertained, in excess of the jurisdictional minimum of this court. CLAIM FOR BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING The contract and agreements between Contra Costa County and Claimants Shield, Jenkins, and International Power Investment, Inc. , pertaining to the County's purchase of the subject property and Claimant's tenancy therein have, as an implied term, a covenant of good faith and fair dealing. Contra Costa County breached this covenant by wrongfully purporting to terminate plaintiff's tenancy in the subject property when the County positively knew it had no right to do so. As a result of the County's breach of said covenant of good faith and fair dealing, Claimants will be damaged in that they will incur attorney fees, incur relocation costs, incur higher rents, incur a loss of business and incur a loss of the rent from their subtenant in sums not presently ascertained in excess of the jurisdictional minimum amount of the Superior Court. Page 4 of 4 Pages A8 TO ALL CLAIMS The County employees who made the representations regarding the terms of the sales agreement of the subject property and Claimant's tenancy therein are as far as known Harold Wright and Roger Frost. The names of the County employees responsible for Claimant's damages as a result of the County's intentional interference with prospective advantage and the breach of the covenant of good faith are unknown to the Claimants at this time. As of the time of presenting this Claim, the Claimants do not know the full extent of their damages. Said damages will exceed the jurisdictional minimum amount of the Superior Court. DATED: March , 1992. GRANT & STERNBERG 4AH LEAHY, Esq. E\JJL\NORCAL\PUBL-ENT.CLN