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MINUTES - 05191992 - 1.11
LLAIM ti BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Olaim-Against the County, or District governed by) BOARD ACTION the• Board of Supervisors, Routing Endorsements, . ) NOTICE TO CLAIMANT May 19, 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: $2,620.64 Section 913 and 915.4, please noteEiings". CLAIMANT: CALIFORNIA STATE AUTO-ASSOCIATION/ APR 2 1992 WATTS, Darrin and Leah rooMlf ATTORNEY: California State Auto Association MAanN uNSEI Attn: Patrick J. Walsh Date received cif Apri 1 20, 1992 ADDRESS: 1081 Market Place BY DELIVERY TO CLERK ON San Ramon, CA 94583 BY MAIL POSTMARKED: Hand delivered via Risk Mgmt. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 22, 1992 PpH�{IL BATCHELOR, Clerk DATED: BT: Deputy 1AW JIWVLO 'II. FROM: County Counsel TO: Clerk of the Board of Supervisors �1 ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 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: "AU.J A Dated: 13 12 BY: I) Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County. Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3): IV. BOARD ORDER: By unanimous vote of the Supervisors present (� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAY 19 1992 PHIL BATCHELOR, Clerk, By 0 1 A,, 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 Not' a to Cl imant, addressed to the claimant as shown above. Dated: MAY 19 1992 BY: PHIL BATCHELOR b ° Deputy Clerk CC: County Counsel County Administrator Glaim to: BOARD OF'`iSUPERVISORS 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; 4, must be presented not later' than the 100th day after the accruah; 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,elaim is against�a district governed by the Board of Supervisors, rather than the County, the name of ,the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims', Penal-Code. Sec. 72 at the end of this form. RE: Claim By ) Reserved f r PlerkIs f ling stamp , RECEIVFD ff•✓,O .DRQ i.v Q/4L/" F��iY �s�LTS .. ) :. .. � �� Against the County:-of Contra Costa ) or . ) c` APR 2 01992, District) CLERK BOARD OF cI1QF \/Irk Fill in name ). _. The undersigned claimant hereby makes claim a ainst the _C,ounty of Contra Costa or the above-named District in the sum of: $ o and in support of this claim represents as follows: 1. When did .the damage or .injury. oceur_T (Give exact date and hour) --------------------- 2. Where did t15e damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if, required) Py "6' l o� -xrv��..• Sorry -�ic..�.o�✓ %ae�t -yi2-v-� G�'� .:� fZr�' ,�G�:, . . :/�/L— �i�`S.GcJa.iSn � : E�f �T' EyO�fC'• i>r/ uytll.7E !y ri�te`�_ ----- - -----------�---'--- u. What particular act or omissi"bh� on th6,' p t of.county or distr'ct officers, servants or.•employees_caused• the' injury or damage? % , ,tlz5� (over) - J.. w<<ak, cuv me names _of county-or district officers, servants or employees causInp the damage or injury? t=' --- -- ---- --- -----------------=--=--- ---- - - - --- .------------ 6. , What damage, or injuries,do you-claim re'sul'ted?�. (Give full. extent of irijuries or damages. claimed.. . Attach two estimates for -auto.damage..: 015 Y-__- � C----- - ------ ---- -------- - ---------------.------------------ 7.` How was the amount claimed above computed?. .(Include the estimated amount of any Prospective injury. or-damage.) ------------------ B. ------- - - B. v Names:and addresses of witnesses doctors`and:hospitals.] Y Hr+ _'r-�__Nr_--_r�Nr_r__ 9. :,,List the-expenditures you made on account of this accident or injury: DATE ITEM AMOUNT _ Gov. ,Code Sec:- , 9101provides:" ,} "The ':,claim'must be signed .by the claimant SEND NOTICES ,TO: iy Wtorne' ) ii orby some Person on his behalf." Name and Address of Attorney J5 a., is Signature r (Address),: ,', Telephone.No.- Telephone No. N0T'IC'E Section 72 of the Penal Code -_providess y w "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, aceount,.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 sue imprisonment .and ..fine, or by:imprisonident in the state prison,.. by,.a:fine. oF .not 'exceed'ing..ten thousand dollars ($10;000, or' by both such"iinprisonmerit and fine. i30IqDORY SF1(D 1:> � D '�'A � L R & V Lr�11T1L Yin'CIJLrJ/ PIX. 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' 90DY do DET91L SHOP MITCHELL REFINISHING GUIDE WORKSHEET INSURED: PAINT CODE VEHICLE : 84 R c-ro PAINT TYPE: URETHANE CLEAR COAT: (Y)/-N PAGE #: 3 - 14 ---------------------------------------------------------------- REFINISH HOURS 1 1 . 7 COST o14d 0 0 METAL HOURS COST FIBERGLASS COST FLEX PANEL COST TOTAL MATERIALS. COST 20% MARKUP U-J TOTAL CHARGE a+eJ U ---------------------------------------------------------------- REFINISH METAL OTHER -Fr+ (,-vr (30 3 p -Findcr Ll 3 ) cloor (;I.a� ..o 1.4. �C _ � .G x , 4 g,-7 x , a i .7 a .q TEL. 838-8380 • 10 BETA COURT • SAN RAMON, CA 94583 • FAX 838-6254 GROTH BROS.--OLDSMOBILE, INC. OFFICE & SALES 59 SOUTH L STREET „ PARTS DEPT. 1934- 1ST. STREET Oldsmobile LIVERMORE, CALIFORNIA 94550 PARTS 443-7500 SERVICE 447-5161 BODY SHOP 447-3190 NEW CAR SALES 447-3190 NO RETURNS ON ELECTRICAL OR SPECIAL`ORDER ITEMS NO RETURNS WITHOUT THIS INVOICE NO RETURN AFTER 30 DAYS 30% CHARGE ON ALL RETURNED ITEMS. ALL SPECIAL ORDERS PAID IN ADVANCE ENTERED YOUR ORDER NO. DATE SHIPPED INVOICE DATE MAF: 9 61 110 MAR 92 110 MAR 9? 6221 S ACCOOMT ` 0 , 7345 S PAGE 1 OF I 0 H D SAA! RAMON BODY SHOP P -1 T 10 RFTA COURT SUITE A T YY 0 SAN RAMON9 CA 91583 D VIA SLSM BIL NO. TERMS F.O.B.POINT T 2 HARGE: NHOLESALF I_TVF..RI•1OREsC r)- -PED '4 BIN LOC. PART NO. DESCRIPTION LIST NET 1 1. 14 20 500830 MI-DO 19 ,60 16 .1 91 1 12327902 MLDG 3 , 00 2's, 59 2 �9 -A.- BIN LOC. PART NO. DESCRIPTION LIST NET • BULK 20572975 FENDER 134 .00 %100.50 100.50 10041875 REINFORCE 11 .70 jo 8.7 8.77 917327 LAMP 18.30 13.72 13 . 72 1 IE 12392685 PANEL ASM 25 .00 18 .75 18.75 1 920057 LAMP 14 .00 -F-10.50 10 . 50 GRAPHICS WEST PRINTING•J2O9)485 541 xsoeae cK aaooaanm o Z r^ r C ° ti Z v �vov p _K m D b o p m '� ca ° c� c G) oZ + 0 0 = s O o � ° o M ` 3 ."' ° ❑V ❑,x ❑T b .. 4 M71 ' z -� z n <.' 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LOCAL A G .PHONE j ',.COLOR _RDRESS �AF Ite, �2 CAL.EN U N R STATE- EXPIRES HOURS DRIVER'S LICENSE Crt.143642., 389-494,. 4,11( 0yo A4 MAKE 'WEIGHT 4 HEIGHT E OAYji,I 006 AIR 11.0 66 17 f% - 18 -�i' MfLE- IN 09 E .="--OUT SOCIAL SECURITY EMPLOYER DRIVE.N COMP4NYi' BILL T IN "TO �L_,N t, :-R.F. DR/FDR ADDRESS 4 R.R. DRIFDR 7 -L.F.,.DR/FDR CITY STATE ZIP LR. DRIFDR ATTN: PHONE EXT. HOODiGLASS RENTER ACCEPTS,- RE RENTER REQUESTSPARTIAL DAMAGE WAIVE DAMAGE t. (OW) RESPONSIBilt UMN,SEE REVERSE,THIS IS NOT INSURANCE TRUNK/SPARET DAILY FEE SHOWN 1.ADJOINING COL ' /4 V�H�.COVERS- RENTER OECL!f4(7 RENTER REQUESTS PERSONAL ACCIDENT %sA 6wv aRM OUT E , 1/4 1/2• 3/4- F., Z0iNZ'iL,N ANCE(PAI)AT DAILY FEE SHOWN IN ADJACENT X 'DAH U OOLUMN AND HAS READ THE POLICY CERTIFICATE E.i'N REQUEST XJVE El _4 V2 1/4 7/s,N.F R PERSON..OTHER THAN RENTER Td 0 NOTtVALID UNLESS APPROVED �)\_, BY EPTERPRISE'S REPRESENTATIVE t 'THER STATE TAX OR SURCHARGE -6 C A f.,t7 F CHARGE to"'NIt the mqIm vi,t,cje htnted:hereunder to,, i'understood and aoreed.the I sha�lhbo as nsbie Ic -ALL0 -and that no'. h =1 or'a u.d.I In, iYe nilol and direction . iif t 41 ig I I f It 11 f 11 th I ol� a OfM &'W C!nd'tion$ ee In �7 act h' a� H B e y z�- ;,a EN'TERPRISE'S HFp PERMISSI Ft -Eb.FOR,VEHICLE TOLEAYE.,Idg-STA+E-- No, (STATES ALITH.BY AGE o OUT. ENTERPRISE'S REP Z, TOTAL CHARGES N DRIVE N LES.S. REFUNDABLE a t CONDITION EXPENSES R.F.:DR/FDR NET AMOUNT R.R. DR/FDR' "iZ, EPOSITS L.F. DR/FDR DATE, :DRIFDR _,Q/92 REFUND ENTERPRISE EMPL. TRUNK/SPARE Pi zt a Y EO -N 4 INIT. By AMOUNT PAID BY DATE PAID 4uBWl ;. DEP.'; A!" I DO I F �S CHECK NC�:ARO CHARGE ;E E)�T't CASH [CA �-EXTiW R CASH REP RECEIPT FOR -4 Ll ,T EP 6 u AMOUNT DATE APOT�Ll I c j'�q 2 c v RECEIVED BY X R CLAIM INFORMATION 4 T -t`7,ri AD�!.�IONALANFORMAYION:r�j� PDL. OR CL 4 Ri 4 r , , -�1-#,i,via NkM wr _0 1 -J, ..' 14i A, — I w! K. 4--.01 11 1�i k 1,. ., . .v,T. 'M 5�101 I N S 6 14P� I—V •glg 4k. ±rc 11 Loss DATE F151 S PHONE NAME 5ir m 1p h,IN INA -V Wh �r ��I I,� REPAIR SHPP H m Y, " Tt DEPO 6-M-D-72- A G E DRIVEN E N CONDITION R.F DR/FDR R F =19, E U A CLOSE LOSE 8 �A -3 E IR D TYPE CAR 4 24 F E F 0 L-IR 7Q, TRAFFIC C-OLL1SION REPOrF!ELll-1 PAS]F I Of t SPED! G NVMBER N I. w � 1 � INJURED R[C7 NUMBER = ryy���J'iyr�l�Vx�+ NUMBER INTL RUN COUNTY flEPORTY10015TftCT [EAT p� .� 3 p !t f $ CID{,UaOIE OCCLIMEO ON ..•'. rvo DAY EAR 74001 OFFICER 1.06 } o f`L>(L1V�t�Ay__OF 1q0� P1 LCb �/ {- �C's----------.___ r r 9A IJ.30 P�'G� MILEPOST INFORMATION DAY OF WEER TOW AWAY PHOTOGRAPHS BY: F FBrT/M1E6 OF MILEPOST S M T Qr F S a Yn o NO + J AT INTERSECTION WIT" ' - STATS HWY REL pOR: PINT MILES OF p YES NO NON[ PARTY DRIVER'S UCENt;Zi NUMBER STATE �LASS SAFF.n IvFH.'•+I. + MAKE/MODELi GJ,.OR :UC@?t5a h1;MBER T.ATF `e rtUtP. ,3 2 �� 3 CA � C � . FQt��. .F.�d .7 � L 7y`�.366 �' L OEWHA NAME(FIRST,MIDDLE,LAST) u144b J0H/V r-A(4X LIN/? 3J� PEOES- STREET ADDRESS OWNER'S NAME SALE AS DRIVER TRIAN FJ VA 1,Let '•.ED CITY/:'�7Z. SICY. SEX HAT EYES HEIGHT I Y/EIGHT ( BIRTHDATE RACE {015�OSRION OF VEA!--LE ON JRCERS OF: �•--FRC--.9 I'-: .Z,44La 07HEA -� Ca � M0. DAY YEAR OTHER HOME PHONE BUSINESS PHONE• ' PRIOR MECHANICAL DEFECTS: f,ONE APPARENT REFER TO NARRATIVE 1 1 i+. ' `•�� J ' .0 } 6�+L/L' CH P USE CNLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA ��J INSURANCE CARR;ER POLICY NUMBER VH TYPE ❑LIN K ?-�VNONE ©WNDR MCD. L.�MAJOR p TOTAL i DTR.O� ON SIRE E7 OR HIGHVd AY - SPEED PCPKC C) 8i Lf-)A �l �'� (2'��� LIMIT PUC ❑ //// L,. L - > <'.( `I 5+'� 1✓L ID O ! b CHP y EZTY DRIVER'S LICENSE NUMBER STATE ICLASS SAFETY YEH.YR. j MAl(fiMODEI/COLOR UCBTiSE NUMBER STATS EQUIP.A 4386 q C,� 3 Sy Q rr aJ�T :IVER NAME;FIRST,WDOLE,LAST) 1>AJ2)Aj I.ONl%JEL WAT"S PWM STR[ET ADORESS - - OWNER'S NAME SAME AS DRIVER ! PDRKE O CTTY 1 STAT$/ZIP - OWNER'S ADDRESS SAME AS DRIVER - - -- ;T �vF.t•ICLj- . . .. S:(:Y. SEX HAIR EYES HEIGHT [WEIGt 1T BMTHOATE RACE DISPOSTION OF VEHICLE ON ORDERS OF: �S OFFICER p DRIVER _p OTi@R OUST. - MO. OAY YEAR LJ '•3_ p �`'=1 -Jaw Ia W 7 L OTTR.'_ HOME PHONE BUSINESS PHONE PRIOR MECHAMCAL DEFECTS: NONE APPARENT REFER TO NARRATTYQ' -71 ,6)S \ / P I CHP USE ONLY OESCRiOfi VEHKLfi DAMAGE _ ..'•{ NOURANCs-CARRIER POUCYNUMBER "..._ __ ... . ENCLH T'Y/[ - MINORW-41 V p UPOC p NONE ® —A f1 0. p 11APOR p TOTAL .1vk .DIR.OF ONSTR�E r[TOAHIOHWAY - �Qq :".. SPFEO. PCP ' •^,. .... ICC ❑ diJ TRAVEL �R.71L�y�oF )YI�J LERT' PUC ❑. - �..... _• �,/ 64 �..�.�,. CHP ❑ - PARTY OWVER'SUGE7VSENUMBER STATE (LASS SAFETY VE/EYIL. RAAXH11fO0Ei/COIOA uCENaQNWBERe I;f_ NAME(FIRST,MIDDLE,LAST) �•~� r , v O -STREET ADDRESS ... OVMEWS NAME IAM;A3 ORWEA PE k PARKED' CITY t STATE/71P OWNER'S ADDRESS c ...4.J SAME AS DRIVER .VEIOCLE. _ 'I ' j• New {CY HAIR- '[Y[B HEIGHT' WOGHT QIRTHOA_ ti MC[ DISPOSITION Of VEHICLE ON ORDERS OP ClOiFICHA p DRIY[R. pOTMR ~x e C _ MO, DAY .. r YEAR - .� d .O'TE1[R". IgYs PHONQ BUSINESS PHON9 '�; PRIOR MCCNAFICAL DEF[CT3: NONE APPARENT AERR TO NARAATRIQ;+", CYV US[ONL O[SC1Es[V[IIKLE DAMAOs SIMM N DANAON Yi[KTI� VEIICU TVPJ' tN' BMuRANCE CARRIER POLICY NUMBER {EI( p Packs' )llg4 woo, p MAJOR TOTAL ?.J 0111 OP ON STR[sT OR NIOMNAY Vigo...PCI a ICC,❑ •' �� r 7AAVKL .. Ls,1(T ./' PUC ❑ I _ CNP ❑ ..c 'sNAM - pISPATp1 NOTIGIED RlN[wHR's STI AEVIEYP{D, 655-Pag•t (Rev.7•67)GPI 042 67, i -TRAFFIC CDi..L 5-l0N IiNG n LUB�/ ~__._._.__ —i�(dA 00 j._�\ �K�f-7Y!� _ _ ._;rl:t'gCk�f�'���y.' fW.+c��C•fN�._�..j`_,_Q.__ _.. _.__.,E - eG�t n�v / re�A v/�(J ✓Sf�G/ �!I^•+__SG OYMERSN + E PROPERTY �v .❑ DA)4AOE a ATI • EJECTED FROM VEH.NY I-DRIVER A-NONE IN VEHICLE L-AIR BAG DEPLOYED 0-NOT EJECTED 2 TO 6•PASSENGERS 8•UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER t-FULLY EJECTED ' 7-STA.WGN.REAR C-LOP BELT USED N•OTHER V•NO 2-PARTIALLY EJECTED 8•RR OCC.TRK`OR VAN D-LAP BELT NOT USED .. P•NOT REQUIRED W-YES 3.UNKNOWN 8-POSITION UNKNOWN E•SHOULDER HARNESS USED T .2 3 0-OTHER F•SHOULDER HARNESS NOT USED CHILD Ea,TR INT PASSENGER 4 5 6 G-LAP I SHOULDER HARNESS USED O-IN VEHICLE USED X•NO I H-LAP 1 SHOULDER HARNESS NOT USED R-IN VEHICLE NOT USED Y-YES + 7 J.-PASSIVE RESTRAINT USED S•IN VEHICLE USE UNKNOWN K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE U-NONE IN VEHICLE ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE. PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES y 2 3 TYPE OF VEHICLE 1 z 3 , MOVEMENT PRECCOING LISTNUMBER Iu}OF PARTY AT FAULT s A VC SECTION VIOLATED: CITE, A CONTROLS FUNCTIONNG A PASSENGER CAR!STA WEN. COLL!SiON C^NTROLS NOT FUNCTIp4iNG' 1 1=1 PASSc YGFa CAU W:TRAILER 7A =NiROLS OBSCILIRED p;CCNTn0-_S i1:,'Jit F,,HE 7,�UCX y_y 3 G OTHER THAI.DRI PICKUP!PANEL TRK.W:TLR TYPE OF COLL&ON _ A =TRUCK OR TRUCK UNKNOWN, E MAKING LEFT TURN I FE= ASIL E-:F' SIDESWIPE G TPK.:TRK.TRACTOR W 1 RR. 1 r MAKING U TURN 1 C REAR END ; H SCHOOL BUS 7 G aACYakG WEATIJER(6IARK 1 TO?ITEVS> D aROADSIOF I OTHER BUS SLGWiNG;STOPPING A CLEAR I E HT OBJECT ,j EMERGENCY VE:-9CLE I PRSS!NG OTHER VER: XIS CLOUDY I}F OVERTURNED j K HWY.CONST.EQUIPMENT j .J CHt+1:Gi}iG LANES RAINING G VEHICLE!PEDESTRIAN L BICYCLE I K PARKING MANELVER I 01:3NC1t7NG I H OTHER': 11,i OTHER VEHICLE I I_ ENTERING TRAFFIC FOG 'lISlLt)i.;TY FT. MOTOR VEHICLE INVOLVED' THN PEDESTRIAN �}!}OTHER UNSAFE TURNNG F OTHER': A NON-COLLISION Q MOPED I N RING INTO OPFOSiNG LANE G YANO B PEDESTRIAN G PARKED vH?'Nt; y C OTHER MOTOR VEHICLE MERGING A DAYUGHT D MOTOR VEii ON OTHER ROADWAY OTHER ASSOCIATED FACTOR Q TRAVELING;WRONG WAY $3 DUSK-DAWN E PARKED MOTOR VEHICLE 1 2 3 (MARK t TO 2 ITEMS) IR OTHER:• y DARK•STREET LIOHTS F TRAIN A VC S:CTIDN"oft. CITED Q DARK-NO STREET LIGHTS G BICYCLE ONO O ' � E DARK. STREET LIGHTS NOT H ANIMAL: B vc sa"ON""LAT" CKTED FUNCTIONING• ❑VES SOBRIETY-DRUG , -(.. 40ADWAYSURFACE I 'FIXED Om CT: O PHYSTCAL `+vciECT6NvgkATWlI ^.I � j .3 A Y I Oves, {MARK 1 TO2IT�m8.k t;. BWET J OTHER OBJECT: C!NoSW-YWYA HAD NOT.BEEN.DItKIMG: SLIPPERY .ICY D lN .. C Q SLIPPERY(fUDOY,OILY,-CTC.) E VISION OBSCUREMENT:' B HBD-UNDER INFLUENCE F INATTENTION', C HOD-NOT UNDER WAIL,!. —ROADWAY CONDITIONS (� STOP i GO TRAFFIC . D HBO•IMPAIRMENT,UNK' HARK 1,T0 2ITEMS) _-_ PEDESTI�ANS ACTION 3. E UNDER DRUG MUl.fI r•- 71 A NO PEDESTRIAN INVOLVED H ENTERING!LEAVING RAMP ' f�rKaluRMfNs ?' B I PREVOI$COLL33lON CIMPAIRMENTNOTA HOLES,REEF RUTS" CROSSING N CROSSWALK J UNFAMILIAR WITH ROAD LOOSE MATERIAL ON RDWY.• AT RKTERSECT10N KDEF YE V EQUIP.: CYED. H NOT APPUCABLE•O .e;:. C OBSTRUCTION ON P.OADWAY• CROSSING IN CROSSWALK-NOT OYES SLEEP//FATIGUED".;.'.;' Q CONSTRUCTION-REPAIR ZONE CAT INTERSECTION ONO SPECIAL INFORMATIOW, LFFLOOC ED ROADWAY WIDTH Q CROSSING•NOT IN CROSSWALK L UNINVOLVED VEHICLE A HAZARDOUS 1tAED' E IN ROAD-INCLUDES SHOULDER MOA':•: F NOT M ROAD N NONE APAARUSUAL CGNDIT!ONS G APPROACH/LEAVING SCHOOL BUS 0 RUNAWAY VEHCLTS.:: 4k _ u ... .. W8C81AAf160U8 Tol $28'No of `$ /L (Not ^.6 AIDER/5 CA�tJV" f�D AAtD wowtrt s we4T Of 7HE was M � ,A LCoSTA -5 PIR14 D5, t � �:.:. ��`'.i Irt*,� .. +cae v rr..,•:.�. ,- ,. •:,r1 .aniw:.. ,...:i' s, C:a.:. �M.A?�`�"L'�, Lj - , r • } p t )1go3 A LMS TA 6L i INJURED WITNESSES / PASS ;ERS PAGE x MTI[Or COIlJy�N �� T1YR NCIC NUMBER OFFICER NU7rSER - .. F ` EXTENT OF INJURY ( "X" ONE ) INJURED WAS( "X" ONE) wTrTas PAaaENQtR ►ARTY BRAT SAFETY ONLY: ONLY AGR FATAL SEVRRR OTHER VIBIBLE COYPLAIM NUMEEA Fos. EOUIP. ��� FQURY INJURY INJURY OF PAIN OFEVRA ►ASE. IED. SICVCUST OTHER ❑ o ❑ ❑ ❑ ❑ 10 NAME 10.0.S.I ADDRESS ❑ ❑ T _ WIV —21- Q A&TO S/. 7 5iaL (w RiWONLY1 TRANEPORTso SY: TAKEN TO: ' DESCRIBE INJURIES GVICTIM OF VIOLENT CRIME NOTIFIED NAME!D.O.S.I ADDRESS TE:E7RONE ' �:'vJLFED C:LY)TR::I:o oOF'__3!. DESCRIBE INJURES VICTIM OF VIOLENT CRIME NOT-RED _ ❑ ❑ ❑ - ' ❑ r .AME 1 D.A.B.I ADDRESS TELEPHONE (INJURED ONLY)TRAe4SPORTED BY: Au-4 TO. 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T /A7 VAS ?ti4?6, ti- '�7___-_�_ ass. -•�'�5r�6/z 'ZOL42 1 h,� LgA P Jac_ J-'o t z ,4S ,2;5. F L rs '4��E/T t)oLr- -" a•/ 1,�,,J 'T ,'r tJo l,J F Vz -05 ASR"Y 47 TH,�- 4IJ Z .J 72h/ 19 a ate' C3c>dE ND. C�i�t1lU.0 ,M04c:li 71N{/Os AbfW! GyA)Ab. AA46 7'LJar7H ' Cw e3- of ng 8L. 122. 101t;6 L4N,S4,9;5- k6lY7 74AV 23. DI 17 LKIs: 26. •�. 9. _ 1..�•: FCw:i� A �" lFi ii �,�di4A�..: "( a� .p: .�wS��. '°r . �#. * ':¢V� ~�•M1 L z r 2.aAa�y5 ' y. ,.y� X + r S.+ n ,yyo^^^� $� 1.�ui".. Y.6'S * 1N &� d 4=C .'l� k' f,F' 3< yn e• t '3{R"F t.a X ,O US NO ` :ul rn• . .Y . Of T t *:`a Fr 'Ml1 z It ; t�,,0.'x3.. '. "'•+` ,vw #�' s i'��. . t.-a rP Y- r�i��� -{i PAY 34.. zg � `' / -r3 r m s. »a `" 3•c t,z rta��ry.�z�'�'`�s;�'S,i. .. .���g. t '4` 6'P�n� �'� •'a':.. �y�y�wail`ti"yy'W°'" very:.... ..- '+.#'-� �'a`"y,,. ,i "�'? -••C .m' x tE' wrn. t Nq Lr '•'Cn. PP m .�i R ror .� OT TSI-ABLE � p µ ' ft a' oil s� 4 x° ,�,,' :r Its MO COPY s .�ar, ' � � ruxzs;x x. ENTERPRISE INVOICE RENTAL RENT-A-CAR AGREEMENT NO_'. D 460698 H AM ,r- DESCRIPTION ��v� �w RATE OUNT 7224 SAN RAMON ROAD 5 DAYS @ 15.99 79.95 DUBLIN CA 94568-3242 FED TAX ID# 36-3041733 BILLING INQUIRIES CALL 510-829-8300 AAA—SAN RAMON -� BILL ATTN• JOE WALSH TO PO BOX 888 SAN RAMON, CA 94583-5888 - DATE OUT - DATE IN 2/19/92 2 23 92 _ RENTER HOMEPHONE DAMAGE WAIVER - - DARRIN WATTS 901-3105 ADDRESS OFFICE PHONE PAI 3419 BRIDGEWOOD #104 _ CITY - STATE ZIP FREMONT CA 94536 SALES TAX° 8.25 6. 60 DRIVER'S LICENSE - - STATE EXPIRES A4388494 CA 4/10/92 _ DOB HEIGHT WEIGHT - SOCIAL SECURITY Y - . 4/10/66 6 1 165 -' ON FILE RENTER . X SIGNATURE ON FILE; REQUEST FOR PERMISSION FOR PERSON OTHER THAN RENTER TO DRIVE. NAME NO OTHERS - ,I .i, • : M ' ` " �` '� LESS AMOUNT RECEIVED - 11.55 AGE _ LICENSE NO STATE EXP. BILLING .INFORMATION: $15s00 ;PER DAY • 75.00 NO SALES TAX INOT-.TO <'EXCEED "$ �7' 5:00- TOTAL Z r. MENTA VE'HIGL s j ci oRN. T � 0 :� as - `� COLORLICENSE NO::.- CLAIM//POLICY0/P.O.11 ya( MAKE '- UNIT N - INSURED ' x it MENW-W ntom, *TLICENSE NODATEOF LOSS (i4 E \ i1CAi.'I§Olrr� - CLAIM b 6l BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ti.,.. R.+ 001) Claim Agal4ist the County, or District governed by) BOA T 199L the rd of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May , and B4 oa-d Action. All Section references are to ) The copy of this document mailed to you i WAROOrs f California Government Codes. ) the action taken on your claim by the Boa A (Paragraph IV below), given pursuant to Government Code Amount: $1,448.96 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: DAVIS, Georgeana ATTORNEY: Date received ADDRESS: 811 Marin Road BY DELIVERY TO CLERK ON May 1, 1992 E1 Sobrante, CA 94803 BY MAIL POSTMARKED: April 30, 1992 j I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 1, 1992 PpHHIL BATCHELOR, Clerk v DATED: Y 8Y: Deputy rL A4&4 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: / { ��2 BY: J - /-J-G Deputy County Counsel T III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 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: MAY 10 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. O J Dated: MAY 19 1992 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator Claim. to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT 'A. , Claims relating. to .causes of action. for death or .for .injury to person' or to per- sonal ,property or growing crops. and.which accrue. on or before December 31, 19879 must_be presented not later than the 100th'4ay after the aecrual: of the cause of action. Claims relating-toycauses 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 'after3the 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.. , Seia penalty for -fraudulent claims.' Penal. Code. Sec.. 72 at the end of this form. . RE: Claim By ) Reserved for Clerk's filing stamp S RECEIVED Against the.-County of°-Contra`-Costa ) F,E i 1992or. District) CLEOF SUPERVISORS Fill in name ). CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District, in the sum_of_$ � o Q. G, and in support of . this claim represents as follows :•.. ----------r__ __ ----------__r---r_-rr___-_-r 1. -When didthedamage or- injury.,occur? ` (Give exact date and hour) r�------------ --- 2. Where did the damage or injury occur? (Include city and county) M4 A! 3. How did the damage or injury occur? (Give full details; use extra paper if required), -----------r__--r---r�� 4. What-partioda-r aet ,or,omission on the,-part of county or .district officers, servants or employees 'caused -the injury 'or damage? (over) ru,,cat, aiv cne names or county or district officers, servants or employees causing' the damage or injury? �s + n, _- ----- - _ l=ea C= ta� ° �s -..-- Q ? 5. -What.dama-e^or��in uries 'do ---- �j ,. -- --^-- �-----_- g j you claim resulted? .(Give full extent of injuries or "damages.,claimed. -Attach two estimates for auto damage.,. _; 7. How was the:,amount claimed,above 'cgmputed? - (Include• the{;estimated amount of any prospective-injury. or damage.) and addresses.of .witnesses;.°doctors and hgspitals. >. _... ---------------------------------- --- c? ----- 3—- ------ 9. List the expenditures you made on account of this accident or injury: DATE ITEML� _ .: .c� C�.2�" a. e 3'�Ls�—t � CC" Gov. Code'See:"910:2 provides "The claim must be signed .by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of. Attorney • ICK o (Claimant s Signature .` IQ- 1 { , e Address . Telephone No. Telephone No.670F c `N 0TI'CE Section 72 of the Penal Code_,provides: 4; ,: -- 41 "Every P person who, VIM' "interit 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 .impr,isonment.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. k-A-r_rr � tr at 14C cx CQ� c�Ce PceSS_ ��� .(' - -�._ U:k_S CL r� =7 -- - - - K• r • s Chevron ..Hilltop Chevron Service Center OMO?IV REp� rp� 4251 Hilltop Drive - Phone 222-1791 Chevron l utomo�n►e lit,ldlr 0°078'' 2898692 ' RICHMOND, CALIFORNIA 94803 Estimate and ForelOn & Domeeft Service Order Charge Authorization No. Date r 3 /2,)92 N m Phone— Hame/Business YealbTpe& Model Tim ante Delive ��y r M Indicates services that must be pefformed to protect warranty Warranty No. tp dometer ad g License No. Job Taken ALL PARTS ARE NEW UNLESS OTHERWISE INDICATED Z a OTY. PART NO.OR DESCRIPTION PARTS LABOR 1 Ots. oil LABOR — THER PARTS AMOUNT PARTS LABOR Oil Filter Replace Air Cleaner Clean Replace Gaso. Filter Front Wheel Bearings Inspect Repac TRANSMISSION 11Dral Add FJ 10 Manual ❑Auto Differential I D in I Add IUV ID612 U Joints &Spline Drive BeltNAN Power Steer - .• , ...---�� �--"""�- Coolant Inspect Add Brake Cylinder C-0AA,All ITA4E- T T0 '' } '�7 r �� R.- ,v EXL E�. _ NC2- Tire Condition — P.S.I. LF /32 IF ' /3d Type LR /32 RR /32 1 Size ❑ Repair ❑ Switch Shock Absorbers Reco mme ded Services Battery Condition 0� (P C OAA ' , I001 ❑ Good ❑ Needed Water e ❑ Maintenance Free r' ❑ Needs Recharge ❑ Recharged a Sub-total (A) (B Sub-total Parts (A) IBI P.O.No. Sublet Repairs By SUPREME ❑ REGULAR ❑ UNLEAD QUANTITY PRICE Estimated Cost of Above Repairs (A) Parts Do you want the old parts? ❑Yes ❑No Total I,the Registered Owner,authorize you to perform the above repairs and (B) Labar furnish necessary materials. I understand any cost quoted heretofore is an estimate only.Your employees may operate vehicle for inspection, Excise Tax Total Icl Sublet Repairs (c) testing,delivery at my risk.You will not be responsible for loss or damage Total Sublet Safety Points Double Checked & Initialed for Your Protection to vehicle h articles left is it.I agree to pay reasonable storage le vehicle (C) Re airs y left more than 48 hours after notification that repairs are completed.An Hazardous express mechanic's lien is acknowledged on above vehicle to secure Waste Crankcase Drain Plug Radiator Level the amount of repairs thereto,including those from any prior work or repair Transmission Plus&Level Brake Cylinder contract on this vehicle.In the event an attorney is retained to foreclose Sales Tax 9 Y this lien or to bring,suit for collection of any sums due I agree to pay costs ofcollection and reasonable attorney fees. Certification Differential Plugs& Level Wheel Lugs Receipt of a opy of this order is here acknowledged Inspection Crankcase Filled By Warranty&Door Record /' Filter Test Signe Total Amount Z (CUSTOME SIGNATURE) ADDITIONAL AND/OR SUBLET REPAIR AUTHORIZATION EMISSION CONTROL REPAIR AUTHORIZATION CERTIFICATION ❑YES ❑ NO CERT. NO. Estimated Cost of additional repairs $ CERTIFICATE COST$ INSPECTION COST$ 1 ACKNOWLEDGE NOTICE AND ORAL APPROVAL OF AN INCREASE IN THE ORIGINAL ESTIMATED PRICE POSSIBLE WARRANTY COVERAGE ❑YES ❑NO If"Yes" is indicated, I have been advised of possible manufacturer's emission warranty coverage as required by state of California and/or federal government and I agree CUSTOMER'S SIGNATURE to have dealer listed above complete the repairs. TELEPHONE AUTHORIZATION Signed Date DATE TELEPHONE NO.CALLED TIME NAME OF PERSON AUTHORIZING CUSTOMER SIGNATURE By law,you may choose another facility to perform any needed repairs or adjustments which the Smog Check test indicates are necessary. RS-6(R-7-90) CUSTOMER'S INVOICE COPY p � O o � � N 4 m se N N G �. � 4. o � � � �.� {•� �cE o..�. o NMC: co CD d1 9 'Yd� o r co m r • W co it co 90 90 4n co co b a ` \ y o� is mco 03 00 C '} Y L } .. t� � t � � 1�,��`'� Q `yam sa x s w�Add� ' Tire anc atter- Sales Form - r-8 $3 4-1.18 Sal a of Time In: Time orrt ed ' Odometer In:. Out: 1 7� �• Ye ake/M 1 [-Color License to Employee ID � Customer, w Phone Home N ' Contact ames' . El Business Address' .. -. • . . - -. ^. _ -: .— •- City State Zip DOT Qty Service Nmc V„Price 55 RADIAL ATIRE. 00 995531 _fry _a ..•�. C; cif~ Balance: -. °• L' �f Ey I L r! I r A * 994712 Wheel Alignment 995502 .`'i:.�.j�,:1-1,007 ; E E i.;'_. T 1R.�• 4 Wheel Alignment 994671 WAS 5 Yr.Aligimi rii' 995515'. 2@ 0.25 0,. 0. 5 Yr./4 Whl Ali 1 7;8 i.. �.[_,(-'tt-t H�..�i:i'�R'D . gn 995601 et` s::' -E 9.00`. :,.i Road Hazard 997801 TAX, 6.96 - - Noco - 994668" ---_-- --�-------- --------- ------- Tire Fee .990198 i=) # .r Z t IC 3 L - *Lifetime At �� Balance Merchan dise ' Total Service ' Sku Description Qty Unit, Total - r 'CH N.-- Sr. 4 <. 41 - x C7 0 0 9 7 0 1 5 Lifetime Valve 11/4" Z 6 ki rn 0 0:'9 7 0 2 8 LifetimelWalve 2', Customer accepts a free courtesy inspect10 t' Total ' BI1 gestone. ElB.F. Goodrich i ❑Customer chooses not to accept at this time '-. h Mercandise ❑ Michelin '•.c! t E;y;E 0 Kelly Springfield Installation IIrnfformation i ❑ General. 44! t,. Comments _,,1i ❑ Firestone. Air Pressure Recommended tX-out The -'LI- Wheel To "I _. Tire(s)To Be Front ✓✓ Front Dismounted' a Rear• 7-L— R IMPORTANT: I We'recommend rotating your tires w a" every 5,000 miles using the diagram'below: t 1 LR O Customer Keeps Old Tires'El Yes o This purchase is paid for on the following terms: O -Front 0 O Front' O SO ❑ t ornery Ward. ❑Discover ❑Kash ❑Visa/Masterchazge/American Express i } s mer Si ature Approval No O Rear. O 0 Rear Montgomei*-Maid ,j:. Customer Copy 37374-1X i iyl Michigan . Notice of Certification,(if applicable) I certify that the repairs described ori the attached X" work order have been properly performed - " Clock,Number(;) Lifetime Wheel Balancing Lifetime Valve Warranty For the life of the tires, as described in the limited warranty covering- For°the-•lifeof the Aire,:as-described ink-the limited warranty covering each tire, at no charge, Montgomery Ward will`rre glance as,necessary, eachi tire; at,no•:charge,,Montgomery Ward will replace the' Lifetime tires covered by a Lifetime Wheel Balan ing A reoment.rTo'claim ser- Valve and:re-balance if the Lifetime-Valve fails during the applicable vice,present this validated receipt. � � -- - tire Warranty period..-If the-tire is •damaged.as:a result'of the Lifetime If a tire is replaced under the to ss_of it ited warranty, the charge Valve failure, Montgomery Ward will`also replace £he tire free of charge. to balance the:replacement-tire wi ated at the-same prorated This warranty does.not.apply to valve damage that results from impact percentage that is applicable to'tcemeat'tire. - during collisions. Road Hazard Coverage Certificate v As stated in the warranty, there: Kirk': 400 Po/ali'e9 and Body ead feeder IYork 5009 Hi I Itop Dr. EI Sobrante, CA 94803 223-8194 � 1 PARTS LABOR s' 1 PARTS SALES TAX LABOR �� Q ' TOTAL. -0C-> > t� r; f} 0 VO 19 rV b Y r� 6 fi . 3 § ^ } « CL� f ( &) � 2�0 r \ \ 2 � ax - � CLAIM n ��F BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ISR O _ CO Claim Against the County, or District governed by) BOARD A 92 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May 19, 1992 Q�UNS� and Board Action. All Section references are to The copy of this document mailed to you is your notice { California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Indemnity Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GIRO SPORT DESIGN, INC. ATTORNEY: James C. Hyde Popel ka, Allard, McCowan & Jones Date received April 23, 1992 ADDRESS: 160 West Santa Clara Street.: BY DELIVERY TO CLERK ON Suite 1300 San Jose, CA 95115-0036 BY MAIL POSTMARKED: April 21, 1992 CERT P 946 739 553 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH Bg DATED: April 24, 1992 gYIL DeputyLOR, Clerk a 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: Z BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admi istrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAY 19 1992 PHIL BATCHELOR, Clerk, By 4MA ° 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 Not a to Claimant, addressed to the claimant as shown above. Dated: AY 9 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVE® APR 2 31992 1 JAMES C. HYDE, ESQ. CSB NO. 88394 CLERK BOARD OF SUPERVISORS 2 POPELKA, ALLARD, MCCOWAN & JONES CONTRA COSTA CO. 160 West Santa Clara Street, Thirteenth Floor 3 SAN JOSE, CALIFORNIA 95115-0036 4 TELEPHONE: (408) 298-6610 5 Attorneys for Claimant 6 GIRO SPORT DESIGN, INC. 7 8 9 CLAIM AGAINST 10 PUBLIC ENTITY 11 (Government Code §§905 and 910] 12 13 TO: COUNTY OF CONTRA COSTA:, 14 GIRO SPORT DESIGN, INC. hereby makes a claim against the 15 County of Contra Costa for comparative equitable indemnity in a 16 sum which is currently unknown to claimant. The following 17 statements are made in support of the claim: 18 1. Giro Sport Design, Inc. 's post office address is . 2880 19 Research Park Drive, Soquel, California 95073 . 20 2 . Notices concerning the claim should be sent to James C. 21 Hyde of Popelka, Allard, McCowan & Jones, 160 West Santa Clara 22 Street, Suite 1300, San Jose, California 95115-0036. 23 3 . The occurrence giving rise to this claim occurred on 24 January 27, 1991, at the intersection of Taylor Boulevard and 25 Pleasant Hill Road, City of Pleasant Hill, County of Contra 26 Costa, California. 27 4. On January 27, 1992, TERRY LEE SPITZER, KATHLEEN 28 MONTHEI SPITZER, JEFFREY SPITZER, and JUSTIN SPITZER, a minor, by ' { and through his guardian ad litem, Kathleen Monthei Spitzer, 2 commenced an action in Contra Costa County Superior Court, Action 3 No. C 92-00308, naming TIMOTHY PAUL HARTMAN, CITY OF PLEASANT 4 HILL, COUNTY OF CONTRA COSTA, GIRO SPORT DESIGN, INC. , OCTOPUS 5 BIKE SHOP, SHIMANO AMERICAN CORPORATION, and others, as defen- 6 dants. A true and correct copy of said complaint is attached 7 hereto as Exhibit A. 8 Said complaint generally alleges that plaintiff TERRY LEE 9 SPITZER was making a left turn on a bicycle from eastbound Taylor 10 Boulevard to northbound Pleasant Hill Road when he was struck by 11 an automobile owned and operated by defendant TIMOTHY PAUL HART- 12 MAN. Plaintiffs allege that the intersection of Taylor Boulevard 13 and Pleasant Hill Road was in such a condition so as to cause a 14 substantial risk of injury when used with due care and in a 15 manner in which it was reasonably foreseeable that it would be 16 used. Plaintiffs specifically allege the following defects, 17 hazards and deficiencies with respect to said intersection: 18 (a) The incline on Taylor Boulevard as a vehicle heads 1.9 westbound and approaches the intersection of Pleasant Hill Road 20 obscures the visibility of the signal lights; 21 (b) The circuitry and timing of the signal lights on the 22 respective four corners of Taylor Boulevard and Pleasant Hill 23 Road at the involved intersection and the overhanging signal 24 lights were improperly maintained, designed, and timed; further- 25 more, the timing intervals between signals was inadequate and 26 inappropriate; 27 (c) There was a lack of appropriate and/or any proper 28 signing and/or warning placards; 2 1 1 (d) At all times prior to the collision, the intersection 2 and its lighting and signalling violated defendants' own con- i struction and design standards and warrants, as well as the "as- 4 built" plans which indicated the appropriate precautionary mea- 5 sures to be taken to prevent intersection collisions; and 6 (e) There were no measures taken to warn the public of the 7 dangerous and deceptive condition of the roadways or of the 8 intersection as alleged herein, nor did the defendants take any 9 precautions to prevent or avoid collisions such as that alleged 10 herein. 11 Plaintiffs further allege that the condition of said inter- 12 section constituted a trap and that the alleged dangerous condi- 13 tion was a proximate cause of the resulting accident and damages 14 allegedly sustained by plaintiffs. 15 Plaintiffs' complaint alleges that plaintiff TERRY LEE 16 SPITZER was wearing a bicycle helmet designed and manufactured by 17 claimant at the time of the accident and that said helmet was 18 defective in design and manufacture proximately causing the 19 injuries complained of. 20 Should a court or jury determine that the County of Contra 21 Costa and claimant are in some manner legally responsible for the 22 accident and/or damages sustained by plaintiffs, which n 23 responsibility claimant denies, or if claimant settled with 24 plaintiffs, claimant would be entitled to a determination of the 25 County of Contra Costa's proportionate share of the legal 26 responsibility for the damages sustained by plaintiffs and 27 comparative equitable indemnity in an amount sufficient to assure 28 that claimant pays or paid no greater percentage of the judgment 3 1 1 and/or settlement in favor of plaintiffs than claimant's propor- 2 tionate legal responsibility for the damages sustained by plain- 3 tiffs. 4 S. Plaintiff TERRY LEE SPITZER claims to have sustained 5 serious and permanent personal injuries as a result of the sub- 6 ject accident and to have incurred special and general damages in 7 excess of $25, 000. Plaintiffs JEFFREY SPITZER and JUSTIN SPITZER 8 are alleged to be the sons of plaintiff TERRY LEE SPITZER and 9 claim to have been percipient witnesses to the subject accident 10 and to have sustained severe emotional distress as a result. 11 Plaintiff KATHLEEN MONTHEI SPITZER is alleged to be the wife of 12 plaintiff TERRY LEE SPITZER and is claiming damages based upon 13 loss of consortium. 14 6. The claim is for comparative equitable indemnity and is 15 in an amount that would place it within the jurisdiction of the 16 Superior Court. 17 Dated: April .2 , 1992 18 19 20 /_7 J ES C. HYDE 21rESIGN, behalf of claimant GIRO SPORT INC. 22 (contra.clm) 23 24 25 26 27 28 4 • • �xh►Di t A SUMMONS 26`2-982 kA) (9) (CITACION JUDICIAL) Q Acw cover use owcy NOTICE TO DEFENDANT: Wiso a Acusado) "°+Otk""SO Df 1A`OWY) TIMOTHY PAUL HARTMAN, CITY OF PLEASANT HILL, COUNTY OF CONTRA COSTA, GIRO SPORTS DESIGN, a California Corporation, OCTOPUS BIKE SHOP, SHIMANO AMERICAN CORPORATION, a California Corporation, and DOES 1 -100 , inclusive, YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le esti demandando) TERRY LEE SPITZER, KATHLEEN MONTHEI SPITZER, JEFFREY SPITZER, and JUSTIN SPITZER, a minor, by and through his Guardian KATHLEEN MONTHEI SPI ZER You have 30 CALENDAR DAYS after this sum. Despu6s de que le entreguen esta citaci6n judicial usted mons is served on you to file a typewritten re- tiene un plaro de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita a msquina en esta torte. A letter or phone call will not protect you: your Una carta o una llamada telef6nica no le ofneceri typewritten response must be in proper legal proteccift su respuesta escrita a mJquina tiene que form if you want the court to hear your case. cumplir con las formalidades legales ap'ropiadas si usted If you do not file your response on time,you may quiere que la torte escuche su casa lose the case, and your wages, money and pro- Si casted no presenta su respuesta a tiempioy puede perder perty may be taken without further warning from el caro; y le pueden quitar su sa/aril,su drnero y otras cocas the court. de su proptedad sin aviso adicional por parte de la torte. There are other legal requirements. You may Existen otros requisitos legates. Puede que usted quiera want to call an attorney right away. If you do not /Jamar a un abogado inmediatamente. Sr no conoce a un know an attorney,you may call an attorney refer- abogado; puede llamar a un servicio de referencia de ral service or a legal aid office(listed in the phone abogados o a una oRcina de ayuda legal(yea el diredorio book). telef6nico). CASE NUMBER: rlv,inwro JW Cewf The name and address of the court is: (EI nombre y direcci6n de la torte es) �` � 2 0 0 3 0 8 Superior Court of California County of Contra Costa 725 Court Street Martinez, CA 94553 The name, address, and telephone number of plaintiff's attorney,,_or plaintiff without an attorney, is: (El nombre, la direccOn y el numero de telh(ono del abogado del demandante, o del demandante que no Bene abogado, es) RICHARD C. BENNETT ( 510) 444-5020 PATRICIA EGGLESTON BENNETT- & JOHNSON 1901 Harrison St. , Suite 1650 Oakland, CA 94612 JAN 2 7 1992 STEPHEN L. WEIR M wADDELI GATE: Clerk, by Deputy (fecha) (^cruario) (Delegadol ISEALl NOTICE TO THE PERSON SERVED: 1bu are served 1. as an individual defendant. 2. Q as the person sued under the fictitious name of (specify): 3. E-2/on behalf of (specify): C G under: CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) O CCP 416.40 (association or partnership) CCP 416.90 (individual) 0 other: 4. 0 by personal delivery on (date): Form Adopted by Rule 982 (See reverse for Roof of Service) Judicial Council of California 982(a)(9)IAev.January t. 19841 SUMMONS CCP 41?7171 1 RICHARD C. BENNETT State Bar No. 60561 4 ; 2 PATRICIA EGGLESTON r State Bar No. 118637 JAN 2 7 1992 3 BENNETT & JOHNSON 1901 HARRISON STREET, SUITE 1650 4 OAKLAND, CA 94612 S.'. ( 510) 444-5020 "TY Attorneys for Plaintiffs 6 7 SQ'iMONS ISSUED 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF CONTRA COSTA 11 12 c .. 92., 003. 0s TERRY LEE SPITZER, KATHLEEN ) No. 13 MONTHEI SPITZER, JEFFREY SPITZER, ) and JUSTIN SPITZER, a minor, by ) 14 and through his Guardian ad ) COMPLAINT FOR DAMAGES Litem, KATHLEEN MONTHEI SPITZER, ) 15 ) Plaintiffs, ) 16 ) vs . ) 17 ) TIMOTHY PAUL HARTMAN, CITY OF ) 18 PLEASANT HILL, COUNTY OF -) CONTRA COSTA, GIRO SPORTS DESIGN, ) 19 a California Corporation, rTTi )E: V.r^AL r111,F51 OCTOPUS BIKE SHOP, SHIMANO lh-1.J,'.SE15 . :I; * 1. - r— (r 20 AMERICAN CORPORATION, a AND CPIV SUwt;cRGOVEF��ti��l��ul GOUES �O California Corporation, and ) 21 DOES 1-100, inclusive, ) 22 Defendants . ) 23 24 Plaintiffs allege: 25 FACTS COMMON TO ALL COUNTS 26 1 . Defendant TIMOTHY PAUL HARTMAN ( "Hartman" ) is a 1 resident of Contra Costa County, California. 2 2 . At all relevant times Defendant CITY OF PLEASANT HILL 3 ( "Pleasant Hill" ) was, and is, a municipal corporation organized 4 and existing under and by virtue of the laws of the State of 5 California. 6 3 . A claim for the damages alleged herein was submitted 7 to Pleasant Hill on July 24 , 1991, and was rejected in full on 8 October 22, 1991 . 9 4 . At all relevant times, defendant COUNTY OF CONTRA 10 COSTA was, and now is, a political subdivision of the State of 11 California. 12 5 . A claim for damages was submitted to the County 13 pursuant to Government Code Section 845 on July 24 , 1991, and 14 was rejected in full on August 13, 1991 . 15 6 . At all relevant times defendant GIRO SPORTS DESIGN 16 ( "Giro" ) was, and now is , a corporation duly organized and 17 existing under the laws of the State of California, with its 18 principal place of business in Soquel, Santa Cruz County, 19 California. 20 7 . At all relevant times, OCTOPUS BIKE SHOP ( "Octopus" ) 21 was , and now is a business organization, form unknown, existing 22 under the laws of the State of California . 23 8. At all relevant times, defendant SHIMANO AMERICAN 24 CORPORATION ( "Shimano" ) was, and now is, a corporation duly 25 organized and existing under the laws of the State of 26 California. 2 f,ly* Y 1 t 1 9 . Plaintiff JUSTIN SPITZER is a minor of the age of 16 2 years . 3 10 . For the purpose of this action, KATHLEEN MONTHEI 4 SPITZER, was appointed by the above-entitled court, and is now 5 the guardian ad litem of plaintiff JUSTIN SPITZER, ' a minor. 6 11 . Plaintiffs are ignorant of the true names and 7 capacities of defendants sued herein as DOES 1 through 100, 8 inclusive, and therefore sue these defendants by such fictitious 9 names . Plaintiffs will amend this complaint to allege their 10 true names and capacities when ascertained. Plaintiffs are 11 informed and believe and thereon allege that each of the 12 fictitiously named defendants is in some manner responsible for 13 the occurrences alleged herein, and that plaintiffs ' injuries as 14 alleged herein were proximately caused. by that conduct . 15 12 . Plaintiffs are informed and believe and thereon allege 16 that at all times relevant each of the defendants was the agent 17 and employee of each of the other remaining defendants, and in 18 doing the things alleged herein., was acting within the course t9 and scope of such agency and employment. 20 13 . At all times relevant herein, the defendants, and each 21 of them, were members of, and engaged in, . a joint venture and 22 common enterprise, and at all times relevant herein, were acting 23 within the course and scope and in pursuance of said joint 24 venture and common enterprise. 25 14 . At all times relevant herein, the acts and omissions 26 of the various defendants, and each of them, concurred and 3 I contributed to the acts and omissions of each and all of the 2 other defendants in proximately causing the injuries and damages .3 to plaintiffs as hereinafter alleged. 4 15 . At all times relevant herein, the defendants, and each 5 of them, ratified,. authorized, directed and participated in each 6 and every actor omission complained of herein. 7 16 . On January 27, 1991, plaintiff TERRY LEE SPITZER was 8 riding his bicycle with his two sons, plaintiffs JEFFREY SPITZER 9 and JUSTIN SPITZER in an easterly direction on Taylor Boulevard 10 in Pleasant Hill, California. Upon reaching the intersection of 11 Taylor Boulevard and Pleasant Hill Road, which intersection was 12 controlled by traffic signals, he stopped at the traffic light 13 regulating left (northerly) turns onto Pleasant Hill Boulevard, 14 intending to turn left. When the light turned green, TERRY LEE 15 SPITZER proceeded through the intersection, where his bicycle 16 was struck by 1971 Chevrolet Camaro, California license number 17 722 DXM ( "the car" ) . 18 FIRST CAUSE OF ACTION 19 (Negligence) 20 As and for a First Cause of Action, Plaintiff TERRY LEE 21 SPITZER complains against A`RT nd DOES 1 through 30, 22 inclusive, and each of them, and alleges as follows : 23 17 . Plaintiff incorporates by, this reference paragraphs 1- 24 16 as though fully set forth herein. 25 18 . Defendants HARTMAN and Does 1-15 were the owners of 26 the car. 4 c 1 19 . Defendants HARTMAN and Does 16-30 were the drivers of 2 the car. 3 20 . Defendants HARTMAN and Does 1-30 negligently 4 entrusted, owned, maintained, controlled, operated and drove the 5 car so as to cause the car to collide with plaintiff and 6 plaintiff ' s bicycle, and to proximately cause the injuries and 7 damages described herein. 8 21 . As a proximate result of the acts and omissions of 9 defendants, and each of them, alleged herein, plaintiff was hurt 10 and injured in his health, strength and activity, sustaining 11 injury to his nervous system and person, all of which injuries 12 have caused, and continue to cause, plaintiff great mental, 13 physical, and nervous. pain and suffering. As a result of such 14 injuries, plaintiff has suffered general damages according to 15 proof. 16 22 .. As a further proximate result of the acts and 17 omissions of defendants, and each of them, as herein alleged, - 18 plaintiff has incurred, and will continue to incur, medical and 19 related expenses 'in an amount. according to proof . 20 23 . As a further proximate result of the acts and 21 omissions of defendants, and each of them, as alleged herein, 22 plaintiff TERRY LEE SPITZER has been unable to attend to his 23 usual occupation since January 27, 1991 . Plaintiff. is informed 24 and believes, and thereupon alleges, that he will be unable to 25 attend to his usual occupation for some time in the future. As 26 a result thereof, plaintiff TERRY LEE SPITZER has suffered, and 5 1 will continue to suffer, lost wages in an amount according to 2 proof . 3 WHEREFORE, plaintiff prays judgment as set forth below. 4 SECOND CAUSE OF ACTION 5 (Public Entity Liability) 6 As and for a Second Cause of Action, Plaintiff TERRY LEE 7 SPITZER complains against COUNTY OF CONTRA COSTA and CITY OF g PLEASANT HILL and alleges as follows : 9 24 . Plaintiff incorporates by this reference paragraphs I- 10 23 as though fully set forth herein. 11 25 . Those portions of Taylor Boulevard and Pleasant Hill 12 Road and the intersection thereof where the collision alleged in 13 paragraph 16 occurred are, and at all relevant times were, 14 owned, designed, constructed, maintained and controlled by 15 defendants the COUNTY OF CONTRA COSTA and the CITY OF PLEASANT 16 HILL, and constituted a dangerous and hazardous condition of 17 public property, which condition existed at the time of the is collision and for a sufficient period prior thereto so that the 19 condition was known, or in the exercise of ordinary care should 20 have been known, to the defendants to have created a substantial 21 risk of harm including the type of collision alleged herein. 22 26 . Specifically, that intersection of Taylor Boulevard 23 and' Pleasant Hill Road at or near the scene of the collision 24 included the following defects , hazards , and deficiencies : 25 (a) The incline on Taylor Boulevard as a vehicle heads 26 westbound and approaches the intersection of Pleasant Hill Road 6 I obscures the visibility of the signal lights ; 2 (b) The circuitry and timing of the signal lights on the 3 respective four corners of Taylor Boulevard and Pleasant Hill 4 Road at the involved intersection and the overhanging signal 5 lights were improperly maintained, designed, and timed; 6 furthermore, the timing intervals between signals was inadequate 7 and inappropriate; 8 (c) There was a lack of appropriate and/or any proper 9 signing and/or warning placards; 10 (d) At all times prior to the collision, the intersection 11 and its lighting and signalling violated defendants ' own 12 construction and design standards and warrants, as well as the 13 "as-built" plans which indicated the appropriate precautionary 14 measures to be taken to prevent intersection .collisions; and 15 (e) There were no measures taken to warn the public of the 16 dangerous and deceptive condition of the roadways ,or of the 17 intersection as alleged herein, nor did the defendants take any 18 precautions to prevent or avoid collisions such as that alleged 19 herein. 20 27 . All of the above set forth conditions amounted to and 21 crated a "trap" for the unwary motorists and their passengers 22 travelling on both Taylor Boulevard and Pleasant Hill Road at or 23 near the intersection, and were . a proximate cause of the 24 injuries alleged herein. 25 28 . As a proximate result of the acts and omissions of 26 defendants, and each of them, alleged herein, plaintiff was hurt 1 . and injured in his health, strength and activity, sustaining 2 injury to his nervous system and person, all of which injuries 3 have caused, and continue to cause, plaintiff great mental, 4 physical, and nervous pain and suffering. As a result of such 5 injuries, plaintiff has suffered general damages according to 6 proof . 7 29 . As a further proximate result of the acts and 8 omissions of defendants, and each of them, as herein alleged, 9 plaintiff has incurred, and will continue to incur, medical and 10 related expenses in an amount according to proof . 11 30 . As a further proximate result of the acts and 12 omissions of defendants, and each of them, as alleged herein, 13 plaintiff TERRY LEE SPITZER has been unable to attend to his .14 usual occupation since January 27, 1991 . Plaintiff is informed 15 and believes, and thereupon alleges, that he will be unable to 16 attend to his usual occupation for some time in the future. As 17 a result thereof, plaintiff TERRY LEE SPITZER has suffered, and 18 will continue to suffer, lost wages in an amount according to 19 proof. 20 WHEREFORE plaintiff prays for judgment as set forth below. 21 THIRD CAUSE OF ACTION 22 (Negligence - Products Liability) 23 As and for a Third Cause of Action, Plaintiff TERRY LEE 24 SPITZER complains against Defendants GIRO SPORTS DESIGN, OCTOPUS 25 BICYCLE SHOP and DOES 31 to 60, inclusive, and each of them, and 26 alleges as follows : 8 1 31 . Plaintiffs incorporate by reference paragraphs 1-30, 2 as though fully set forth herein. 3 .32 . Plaintiff is informed and believes and on that basis 4 alleges that Defendant GIRO SPORTS DESIGN was at all relevant 5 times herein, engaged in the business of designing, 6 manufacturing, testing, distributing, fabricating, packaging, 7 assembling, constructing, analyzing, recommending, marketing, 8 inspecting, certifying, advertising, promoting, merchandising, ' 9 warning about selling, leasing, renting, making available and 10 supplying that certain product known as a HELMET (herein the 11 SUBJECT HELMET) . 12 33 . Defendants Does 31-45 are, and at all relevant times 13 were, engaged in the business of designing, fabricating, 14 manufacturing, and assembling certain component parts and 15 supplying them to GIRO, and as part of their business defendants 16 designed, fabricated, manufactured, assembled, and supplied to 17 GIRO the component parts for the SUBJECT HELMET. 18 34 . Defendants OCTOPUS BIKE SHOP and DOES 46-60 are and at 19 all relevant times were,, engaged in the business of selling at 20 retail to members of the general public at their principal place 21 of business in the County of Contra Costa, California, bicycle 22 helmets, including the SUBJECT HELMET. 23 35 . At all times relevant herein, defendant GIRO knew, or, 24 in the. exercise of ordinary and reasonable care, should have 25 known that the SUBJECT HELMET and its component parts was a 26 product of such nature that, if it and its component parts were 9 I not properly manufactured, tested, designed, assembled, 2 fabricated, distributed, maintained, recommended, inspected, 3 certified, warned about, marketed, advertised, promoted, sold 4 and supplied for the purpose of which it was intended, it was 5 likely to severely injure persons by whom it was used. 6 Furthermore, defendants, and each of them, new, or should have 7 known that the SUBJECT HELMET and its component parts would be 8 used by members of the general public without inspection for 9 unsafe and dangerous defects . 10 36 . At all. relevant times herein, defendants and each of 11 them knew or should have known that plaintiff lacked the 12 requisite skill, knowledge, experience and expertise to operate, 13 maintain, service, repair, modify, inspect, test and certify the 14 SUBJECT HELMET. 15 37 . At all relevant times herein, defendants knew or 16 should have known that plaintiff would rely on their superior 17 skill and expertise in determining the safe and nondefective 18 condition of the SUBJECT HELMET.- 19 38 . On or about January 27 , 1991, plaintiff TERRY LEE 20 SPITZER was lawfully and properly using the SUBJECT HELMET for 21 that purpose for which it was manufactured, tested, designed, 22 inspected, assembled, constructed, promoted, marketed, 23 advertised, sold and supplied. 24 39 . At all times relevant herein., the dangerous, defective 25 and hazardous conditions of the SUBJECT HELMET and its component 26 parts was unsafe for its intended use. 10 1 40 . Defendants, and each of them, knew or should have 2 known, that the SUBJECT HELMET and its component parts were 3 unsafe and defective and presented a dangerous and hazardous 4 condition to anyone who used, operated or maintained said 5 HELMET. 6 41 . Plaintiff TERRY LEE SPITZER neither knew, nor could 7 have reasonably known, of the dangerous and defective condition 8 of the SUBJECT HELMET. 9 42 . At all relevant times herein, defendants, and each of 10 them, so negligently and carelessly designed, manufactured, 11 , assembled, constructed, analyzed, corrected, tested, inspected, 12 certified, recommended, marketed, advertised, merchandised, 13 distributed, promoted, owned, operated, controlled,. maintained, 14 repaired, serviced, modified, changed, sold, leased, rented, 15 supplied, instructed in the operation of, and entrusted the 16 SUBJECT HELMET to plaintiffs herein that as a direct and 17 proximate result thereof, the SUBJECT HELMET failed to 18 , adequately protect plaintiff in the accident with HARTMAN on 19 January 27 , 1991 thereby resulting in injury and damage to 20 plaintiff as hereinafter alleged. 21 43 . At all relevant times herein, defendants, and each of 22 them, further negligently and carelessly failed to alert, notify 23 and warn of the risks and dangers, involved in the use of the 24 SUBJECT HELMET, including, but not limited to its defective and 25 unsafe parts and of the degree of skill and experience required 26 to operate, .inspect, test and use the SUBJECT HELMET so that as 11 1 a direct and proximate result thereof, the SUBJECT HELMET failed 2 causing injury and damage to plaintiff as hereinafter alleged. 3 44 . At all relevant times herein, defendants and each of 4 them, further negligently failed to alert, notify and warn of 5 the degree of skill and experience required to inspect, make 6 safe, repair, service, modify and test the SUBJECT HELMET and 7. that as a direct and proximate result thereof, the SUBJECT 8 HELMET failed causing injury and damage to plaintiff as 9 hereinafter alleged. 10 45 . At all relevant times herein, defendants , and each of 11 them, further negligently failed to inspect, test and certify 12 the SUBJECT HELMET and make it safe and free from dangerous 13 defects so that as a direct and proximate result thereof, the 14 SUBJECT HELMET failed causing injury and damage to plaintiff as 15 hereinafter alleged. 16 46 . As a direct and proximate result of the, aforementioned 17 conduct, plaintiff TERRY LEE SPITZER was hurt and injured in his 18 health, strength and activity, sustaining injury to his body and 19 shock and injury to his nervous system and person, and became 20 sick, sore, lame and disabled, all of which injuries have caused 21 and continue to cause plaintiff great mental, physical and 22 nervous pain and suffering, all to his general damage in a sum 23 to be proven at time of trial . 24 47 . As a further direct and proximate result of the 25 aforementioned conduct, plaintiff TERRY LEE SPITZER was required 26 to and did employ physicians and surgeons to examine, treat and 12 1 care for him. Plaintiff did incur and continues . to incur 2 medical and incidental expenses. The exact amount of such 3 expenses are unknown to plaintiff at this time, and he prays 4 leave to amend this pleading to set forth the exact amount 5 thereof when it is finally determined. 6 48. As a further direct and proximate result of the 7 aforementioned conduct; plaintiff TERRY LEE SPITZER was 8 prevented from engaging in his usual occupation and will be so 9 prevented in the future, all to his general damage in an amount 10 unknown to plaintiff at this time. Plaintiff prays leave to 11 amend this .pleading to set forth the exact amount thereof when 12 it is finally determined. 13 WHEREFORE, plaintiff prays for judgment against defendants 14 and each of them as set forth below. 15 FOURTH CAUSE OF ACTION 16 (Strict Liability - Products Liability) 17 As and for a Fourth and separate cause of action, plaintiff t8 TERRY LEE SPITZER against defendants GIRO CORPORATION, OCTOPUS 19 BICYCLE SHOP and DOES 31-60, inclusive, and each of them, 20 alleges as follows : 21 49 . Plaintiff realleges and incorporates by reference each 22 and every allegation of paragraphs l through 48 as though fully 23 set forth herein. 24 50 . Plaintiff is informed and believes and on that basis . 25 alleges that defendant GIRO SPORTS DESIGN was at all relevant 26 times herein, engaged in the business of designing, 13 I manufacturing, testing, distributing, fabricating, packaging, 2 assembling, constructing, analyzing, recommending, marketing, 3 inspecting, certifying, advertising, promoting, merchandising, 4 warning about, selling, leasing, renting; making available and 5 supplying the product herein referred to as the SUBJECT HELMET. 6 51 . Defendants Does 31-45 are, and at all relevant times 7 were, engaged in the business of designing, fabricating, 8 manufacturing, and assembling certain component parts and 9 supplying them to GIRO, and as part of their business defendants 10 designed, fabricated, manufactured, assembled, and supplied to 11 GIRO the component parts for the SUBJECT HELMET. 12 52 . . Defendants OCTOPUS BIKE SHOP and DOES 46-60 are and at 13 all relevant times were, engaged in the business of selling at 14 retail to members of the general public at their principal place 15of business in the County of Contra Costa, California, bicycle 16 helmets, including the SUBJECT HELMET. 17 53 . At all times relevant hereto, defendants GIRO 18 CORPORATION should have known, that the SUBJECT HELMET and its 19 component parts, was a product of such nature that, if it and 20 its component parts were not properly manufactured, tested, 21 analyzed, designed, assembled, fabricated, distributed, 22 maintained, serviced, recommended, inspected, certified, warned 23 about, marketed, advertised, promoted, sold, leased, made 24 available, and supplied for which purpose it was intended, it 25 was likely to injure or kill persons by whom it was used. .26 Furthermore, defendants, and each of them.- knew, or should have 14 I known, that the SUBJECT HELMET and the component parts thereof, 2 would be used by members of the general public without 3 inspection for. defects . 4 54 . On or about January 27, 1991, plaintiff TERRY LEE 5 SPITZER was lawfully and properly using the SUBJECT HELMET for 6 that purpose for which it was manufactured, tested, designed, 7 inspected, assembled, constructed, promoted, marketed, 8 advertised, sold, leased, and supplied. 9 55 . On or about January 27 , 1991, the SUBJECT HELMET was 10 dangerous , defective and unfit for its intended us in that the 11 SUBJECT HELMET failed due to improper design, manufacture, 12 testing, servicing and maintenance of the HELMET and its 13 component parts causing plaintiff TERRY LEE SPITZER to suffer 14 severe head injuries in the accident with HARTMAN alleged 15 herein, thus directly and proximately causing plaintiff TERRY 16 -LEE SPITZER to suffer injury and damages as herein alleged. 17 56 . At all times relevant hereto,. the dangerous , defective 18 and hazardous condition of the .SUBJECT HELMET and its component 19 parts was unsafe for its intended use. Defendants, and each of 20 them, knew, or, in the exercise of ordinary and reasonable care, 21 should have known, of such dangerous, defective and hazardous 22 condition of the SUBJECT HELMET and its component parts . 23 57 . As a direct and proximate result of the facts alleged 24 above, plaintiff TERRY LEE SPITZER suffered greater injuries in 25 the accident with HARTMAN that he otherwise would have suffered, 26 and severe and permanent injuries and damages as described 15 1 herein, for which defendants GIRO CORPORATION, OCTOPUS BIKE 2 SHOP, and DOES 31-60, inclusive, and each of them, are strictly 3 liable to plaintiff . 4 58 . As a direct and proximate result of the aforementioned 5 conduct, plaintiff TERRY LEE SPITZER was hurt and injured in his 6 health, strength and activity, sustaining injury to his body and 7 shock and injury to his nervous system and person, and became 8 sick, sore, lame and disabled, all of which injuries have caused 9 and continue to cause plaintiff great mental, physical and 10 nervous pain and suffering, all to his general damage in a sum 11 to be proven at time of trial . 12 59 . As a further direct and proximate result of the 13 aforementioned conduct, plaintiff TERRY LEE SPITZER was required 14 to and did employ physicians and surgeons to examine, treat and 15 care for him. Plaintiff did incur and continues to incur 16 medical and incidental expenses . The exact amount of such 17 expenses are unknown to plaintiff at this time, and he prays 18 leave to amend this pleading to set forth the exact amount 19 thereof when it is finally determined. 20 60. As a further direct and proximate res.ult of the 21 aforementioned conduct, plaintiff TERRY LEE SPITZER was 22 prevented from engaging in his usual occupation and will be so 23 prevented in the future, all to his general damage in an amount 24 unknown to plaintiff at this time. Plaintiff prays leave to 25 amend this pleading to set forth the exact amount thereof when 26 it is finally determined. 16 1 WHEREFORE, plaintiff prays for judgment against defendants 2 and each of them as set forth below. 3 FIFTH CAUSE OF ACTION 4 (Breach of Implied Warranty) 5 As a for a Seventh Cause of Action, plaintiff TERRY LEE 6 SPITZER complains against GIRO SPORTS DESIGN, OCTOPUS BIKE SHOP 7 and DOES 46-60 and 76-90, and each of them, and alleges as 8 follows : 9 61 . Plaintiff reallege and incorporate by reference each 10 and every allegation of paragraphs 1 through 60 as though fully 11 set forth herein. 12 62. GIRO manufactured the bicycle helmets for purposes of 13 their eventual sale to retail buyers . 14 63 . Defendants DOES 76 through 90, inclusive, acquired 15 these goods from GIRO and distributed them to defendants OCTOPUS 16 BIKE SHOP and DOES 46 through 60, inclusive, for eventual retail 17 sale to consumers . In the process, defendant. distributors 18 supplied to OCTOPUS BIKE SHOP a sample or model of the goods for 19 demonstration at retail , thereby making an express warranty that 20 the whole of the goods conformed thereto. 21 64 . Defendants OCTOPUS BIKE SHOP and DOES 46-60, 22 inclusive, ( "seller" ) , sold the SUBJECT HELMET to plaintiff 23 TERRY LEE SPITZER at retail, and plaintiff bought the SUBJECT 24 HELMET from seller. The contract between the parties was oral . 25 65 . The retail sale to plaintiff was accompanied 26 separately, individually, by the defendant manufacturer' s, 17 1 defendant distributors ' and defendant seller' s implied 2 warranties that the goods were merchantable. 3 66 . Defendants, and each of them, breached the implied 4 warranty of merchantability in .that plaintiff did not receive 5 suitable goods, and such goods were not merchantable in that the 6 SUBJECT HELMET failed to protect plaintiff from serious head 7 injury when he was involved in the accident alleged herein. 8 67 . As a direct and proximate result of the aforementioned 9 conduct,. plaintiff TERRY LEE SPITZER was hurt and injured in his 10 health, strength and activity, sustaining injury to his body and 11 shock and injury to his nervous system and person, and became 12 sick, sore, lame and disabled, all of which injuries have caused 13 and continue to cause plaintiff great mental, physical and 14 nervous pain and suffering, all to his general damage in a sum 15 to be proven at time of trial. 16 68. As a further direct and proximate result of the 17 aforementioned conduct, plaintiff TERRY LEE SPITZER was required 18 to and did employ physicians and surgeons to examine, treat and 19 care for him. Plaintiff did incur and continues to incur 20 medical and incidental expenses . The exact amount of such 21 expenses are unknown to plaintiff at this time, and he prays 22 leave to amend this pleading to set forth the exact amount 23 thereof when it is finally determined. 24 69 . As a further direct and proximate result of the 25 aforementioned conduct, plaintiff TERRY LEE SPITZER was 26 prevented from engaging in his usual occupation and will be so 18 1 prevented in the future, all to his general damage in an amount 2 unknown to plaintiff at this time. Plaintiff prays leave to 3 amend this pleading to set forth the exact amount thereof when 4 it is finally determined. 5 WHEREFORE, plaintiff prays for. judgment against defendants 6 and each of them as set forth. below. 7 SIXTH CAUSE OF ACTION 8 (Breach of Express Warranty) 9 As and for a Sixth Cause of Action, plaintiff TERRY LEE 10 SPITZER complains against GIRO SPORTS DESIGN, OCTOPUS BIKE SHOP, 11 and DOES 31 through 85, and each of them, and alleges as 12 follows : 13 70 . Plaintiff incorporates by reference paragraphs 1 14 through 69 as though fully set forth herein. 15 71 . GIRO, through advertising to the general public and to 16 the trade, expressly warranted that the SUBJECT HELMET was safe 17 for normal use, was the top-of-the-line product, and would offer 18 superior protection in the .event . of an accident. 19 72 . OCTOPUS expressly adopted these express warranties by 20 showing the advertisements to its customers . OCTOPUS further 21 expressly warranted that the SUBJECT HELMET was safe for 22 ordinary use and would offer superior protection to, a rider in 23 the event of an accident. 24 73 . Plaintiff received the above-stated express warranties 25 by reading the advertisements directed to the general public, by 26 being shown and reading the advertisements to the trade, and by 19 1 asking for and receiving the advice of. OCTOPUS in the purchase 2 of the SUBJECT HELMET. 3 74 . In purchasing the SUBJECT HELMET, plaintiff relied on 4 the above-described express warranties . 5 75 . Defendants, and each of them, breached these express 6 warranties, in that the SUBJECT HELMET failed to adequately 7 protect plaintiff TERRY LEE SPITZER in the above-described 8 collision with HARTMAN. 9 76 . As a proximate result of the acts and omissions of 10 defendants, and each of them, alleged herein, plaintiffs were 11 hurt and injured in their health, strength and activity, 12 sustaining injury to their nervous systems and persons, all of 13 which injuries have caused, .and .continue to cause, plaintiffs 14 great mental, physical, and nervous pain and suffering. As a 15 result of such injuries, plaintiffs have suffered general 16 damages according to proof . 17' 77 . As a further proximate result of the acts and 18 omissions of defendants, and each of them, as herein alleged, 19 plaintiff has incurred, and will continue to incur, medical and 20 related expenses in an amount according to proof. 21 78. As a further proximate result of the acts and 22 omissions of defendants, and each of them, as alleged herein, 23 plaintiff TERRY LEE SPITZER has been unable to attend to his 24 usual occupation since January 27, 1991 . Plaintiff is informed 25 and believes, and thereupon alleges, that he will be unable to 26 attend to his usual occupation for some time in the future. As 20 Qrrd� 1 a result thereof, plaintiff TERRY LEE SPITZER has suffered, and 2 will continue to suffer, lost wages in an amount according to 3 proof . 4 WHEREFORE plaintiff prays for judgment as set forth below. 5 SEVENTH CAUSE OF ACTION 6 (Negligence - Products Liability) 7 As and for a Seventh Cause of Action, plaintiff TERRY LEE 8 SPITZER complains against defendants SHIMANO AMERICAN 9 CORPORATION, OCTOPUS BIKE SHOP and DOES 46 through 75, 10 inclusive, and each of them, and alleges as follows : 11 79 . Plaintiff realleges and incorporates by .reference each 12 and every allegation of paragraphs 1 through 78 as though fully 13 set forth herein. 14 80 . Plaintiff is informed and believes and on that basis 15 alleges that defendant SHIMANO was at all relevant times herein, 16 engaged in the business of designing, manufacturing, testing, 17 distributing, fabricating, packaging, assembling, constructing, 18 analyzing, recommending, marketing, inspecting, certifying, 19 advertising, promoting, merchandising, warning,' about selling, 20 leasing, renting, making available and supplying these certain 21 products known as bicycle .shoes and bicycle pedals (herein the 22 SUBJECT SHOES AND PEDALS) . 23 81 . Defendants Does 31-45 are, and at all relevant times 24 were, engaged in the business of designing, fabricating, 25 manufacturing, and assembling certain component parts and 26 supplying them to SHIMANO, and as part of their business 21 I defendants designed, fabricated, manufactured, assembled, and 2 supplied to �,%Q the component parts for the SUBJECT SHOES AND 3 PEDALS . a 82 . Defendants OCTOPUS BIKE SHOP and DOES 46-60 are and at 5 all relevant times were, engaged in the business of selling at 6 retail to members of the general public at their principal place 7 of business in the County of Contra Costa, California, bicycle 8 shoes and pedals, including the SUBJECT SHOES AND PEDALS. 9 83 . At all times relevant herein, defendants and each of 10 them, knew, or, in the exercise of ordinary and reasonable care, 11 should have known that the SUBJECT SHOES AND PEDALS and their 12 component parts were products of such nature that, if they and 13 their component parts were not properly manufactured, tested, 14 designed, assembled, fabricated, distributed, maintained, 15 recommended, inspected, certified, warned about, marketed, 16 advertised, promoted, sold and supplied for the purpose for 17 which they were intended, they were likely to severely injure 18 persons by whom they were used. - Furthermore, defendants, and t9 each of. them, knew, or should have known, that the SUBJECT SHOES 20 AND PEDALS and their component parts would be used by members of 21 the general public without inspection for unsafe and dangerous 22 defects . 23 84 . At all relevant times herein, defendants and each of 24 them knew .or should have known that plaintiff lacked the 25 requisite skill, knowledge, experience and expertise to operate, 26 maintain, service, repair, modify, inspect, test and certify the 22 1 SUBJECT SHOES AND PEDALS. 2 85 . At all relevant times herein, defendants knew or 3 should have known that plaintiff would rely on their superior 4 skill and expertise in determining the safe and nondefective 5 condition of the SUBJECT SHOES AND PEDALS . 6 86 . On or about January 27, 1991, plaintiff TERRY LEE 7 SPITZER was lawfully and properly using the SUBJECT SHOES AND 8 PEDALS for that purpose for which it was manufactured, tested, 9 designed, inspected, assembled, constructed, promoted, marketed, 10 advertised, sold and supplied. 11 87 . At all times relevant herein, the dangerous, defective 12 and hazardous condition of the SUBJECT SHOES AND PEDALS and 13 their component parts was unsafe for its intended use . 14 88. Defendants, and each of them, knew or should have 15 known, that the SUBJECT SHOES AND PEDALS and their component 16 parts were unsafe and defective and presented a dangerous and 17 hazardous condition to anyone who used, operated or maintained 18 them. 19 89 . Plaintiff TERRY LEE SPITZER neither knew, nor could 20 reasonably have known, of the dangerous and defective condition 21 of the SUBJECT SHOES AND PEDALS. 22 90. At all relevant times herein, defendants, and each of 23 them, so negligently and carelessly designed, manufactured 24 assembled, constructed, analyzed, corrected, tested, inspected, 25 certified, recommended, marketed, advertised, merchandised, 26 distributed, promoted, owned, operated, controlled, maintained, 23 I repaired, serviced, modified, changed, sold, leased, rented, 2 supplied, instructed in the operation of, and entrusted the 3 SUBJECT SHOES AND PEDALS to plaintiff herein that as a direct 4 and proximate result thereof, the shoes became caught in the 5 pedals, thereby preventing plaintiff from getting out of the 6 path of defendant HARTMAN' s vehicle on January 27 , 1991, thereby 7 resulting in injury and damage to plaintiff as hereinafter 8 alleged. 9 91 . At all relevant times herein, defendants, and each of. 10 them, further negligently and carelessly failed to alert, notify 11 and warn of the risks and dangers involved in the operation of 12 the SUBJECT SHOES AND PEDALS, including, but not limited to its 13 defective and unsafe parts and of the degree of skill and 14 experience required to operate, inspect, test and use the 15 SUBJECT SHOES AND PEDALS so that as a direct and proximate 16 result thereof, the SUBJECT SHOES AND PEDALS failed causing 17 injury and damage to plaintiff as hereinafter alleged. 18 92 . At all relevant times herein, defendants and each of 19 them, further negligently failed to alert, notify and warn of 20 the degree of skill and experience required to inspect, make 21 safe, repair, service, modify and test the SUBJECT SHOES AND 22 PEDALS and that as a direct and proximate result thereof, the 23 SUBJECT SHOES AND PEDALS failed causing injury and damage to 24 plaintiff as hereinafter alleged. 25 93 . At all relevant times herein, defendants, and each of 26 them, further negligently failed to inspect, test and certify 24 I the SUBJECT SHOES AND PEDALS and make it safe and free from 2 dangerous defects so that as a direct and ,proximate result 3 thereof, the SUBJECT SHOES AND PEDALS failed causing injury and . 4 damage to plaintiff as hereinafter alleged. 5 94 . As a direct and proximate result of the aforementioned 6 conduct, plaintiff TERRY LEE SPITZER was hurt and injured in his 7 health, strength and activity, sustaining injury to his body and 8 shock and injury to his nervous system and person, and became 9 sick, sore, lame and disabled, all of which injuries have caused 10 and continue to cause plaintiff great mental, physical and 11 nervous pain and suffering, all to his general damage in a sum 12 to be proven at time of trial. 13 95 . As a further direct and proximate result of the 14 aforementioned conduct, plaintiff TERRY LEE SPITZER was required 15 to and did employ physicians and surgeons to examine, treat and 16 care for him. Plaintiff did incur and continues to incur 17 medical and incidental expenses . The exact amount of such 18 expenses are unknown to plaintiff-' at this time, and he prays 19 leave to amend this pleading to set forth the exact amount 20 thereof when it is finally determined. 21 96 . As a further direct and proximate result of the 22 aforementioned conduct, plaintiff TERRY LEE SPITZER was 23 prevented from engaging in his usual occupation and will. be so 24 prevented in the future, all to his general ' damage .in an amount 25 unknown to plaintiff at this time. Plaintiff prays leave to 26 amend this pleading to set forth the exact amount thereof when 2.5 I it is finally determined. 2 WHEREFORE, plaintiff prays for judgment against defendants 3 and each of them as set forth below. 4 EIGHTH CAUSE OF ACTION 5 (Strict Liability - Products Liability) 6 As and for an Eighth and separate cause of action, 7 plaintiff TERRY LEE SPITZER complains against defendants 8 SHIMANO, OCTOPUS BIKE SHOP and DOES 46 through 75, inclusive, 9 and each of them, alleges as follows : 10 97 . Plaintiff realleges and incorporates by reference each 11 and every allegation of paragraphs 1 through 96 as though fully 12 set forth herein. 13 98 . Plaintiff is informed and believes and on that basis 14 alleges that defendants SHIMANO CORPORATION was at all relevant 15 times herein, engaged in the business of designing, 16 manufacturing, testing, distributing, fabricating, packaging, 17 assembling, constructing, analyzing, recommending, marketing, 18 inspecting, certifying, advertising, promoting, merchandising, 19 warning, about selling, leasing, renting, making available and 20 supplying these certain products known as bicycle shoes and 21 bicycle pedals (herein the SUBJECT SHOES AND PEDALS) . 22 99 . Defendants Does 61-75 are, and at all relevant times 23 were, engaged in the business of designing, fabricating, 24 manufacturing, and assembling certain component parts and 25 supplying them to SHIMANO, and as part of their business 26 defendants designed, fabricated, manufactured, assembled, and 26 1 supplied to GIRO the component parts for the SUBJECT SHOES AND 2 PEDALS. 3 100 . Defendants OCTOPUS BIKE SHOP and DOES 46-60 are and at 4 all relevant times were, engaged in the business of selling at 5 retail to members of the general public at their principal place 6 of business in the County of Contra Costa, California, bicycle 7 shoes and pedals, including the SUBJECT SHOES AND PEDALS. 8 101 . At all times relevant herein, defendants and each of 9 them, knew, or, in the exercise of ordinary and reasonable care, 10 should have known that the SUBJECT SHOES AND PEDALS and their 11 component parts were products of such nature that, if it and its 12 component parts were not properly manufactured, tested, 13 analyzed, designed, assembled, fabricated, distributed, 14 maintained, serviced, recommended, inspected, certified, warned 15 about, marketed, advertised, promoted, sold, leased, made 16 available, and supplied for which purpose it was intended, it 17 was likely to injure or kill persons by whom it was used. 18 Furthermore, defendants, and each of them, knew, or should have 19 known, the subject SHOES AND PEDALS and the component parts 20 thereof, would be used by members of the general public without 21 inspection for defects . 22 102 . On or about. January 27, 1991 plaintiff TERRY LEE 23 SPITZER was lawfully and properly using the SUBJECT SHOES and 24 PEDALS for that purpose for which it was manufactured, tested, 25 designed, inspected, assembled, constructed,promoted, marketed, 26 advertised, sold, leased and supplied. 27 1 103 . On or about June 1, 1988, the SUBJECT SHOES AND PEDALS 2 were dangerous, defective and unfit for their intended use in 3 that a rider wearing the shoes could not quickly remove his feet 4 from the pedals due to improper design, manufacture, testing, 5 servicing and maintenance of the SUBJECT SHOES AND PEDALS and 6 their component parts causing plaintiff TERRY LEE SPITZER to be 7 unable to remove himself from the path of HARTMAN's car, thus 8 directly and proximately causing plaintiff TERRY LEE SPITZER to 9 suffer injury and damages as herein alleged. 10 104 . At all times relevant hereto, the dangerous , defective 11 and hazardous condition of the SUBJECT SHOES AND PEDALS and 12 their component parts was unsafe for their intended use. 13 Defendants, and each of them know, or, in the exercise of 14 ordinary and reasonable care, should have known, of such 15 dangerous, defective and hazardous conditions. Plaintiff TERRY 16 LEE SPITZER neither knew, nor could reasonably have known, of 17 the dangerous, defective and hazardous condition of the SUBJECT 18 SHOES AND PEDALS and their component parts . 19 105 . As a direct and proximate result of the facts alleged 20 above, plaintiff TERRY LEE SPITZER was by reason of the defects 21 in the SUBJECT SHOES AND PEDALS and their component parts, 22 suffered severe and permanent injuries and damages as described 23 herein for which defendants and each of them, are strictly 24 liable to plaintiff. 25 106 . As a direct and proximate result of the aforementioned 26 conduct, plaintiff TERRY LEE SPITZER was hurt and injured in his 28 l��ji� • d, L 1 health, strength and activity, sustaining injury to his body and 2 shock and injury to his nervous system and person, and became 3 sick, sore, lame and disabled, all of which injuries have caused 4 and continue to cause plaintiff great mental, physical and 5 nervous pain and suffering, all to his general damage in a sum 6 to be proven at time of trial . 7 107 . As a further direct and proximate result of the 8 aforementioned conduct, plaintiff TERRY LEE SPITZER was required 9 to and did employ physicians and surgeons to examine, treat and 10 care for him. Plaintiff did incur and continues to incur 11 medical and incidental expenses . The exact amount of such 12 expenses are unknown to plaintiff a this time, and he prays 13 leave to amend this pleading to set forth the exact amount . 14 thereof when it is finally determined. 15 108 . As a further direct and proximate result of the 16 aforementioned conduct, plaintiff TERRY LEE SPITZER was 17 prevented from engaging in his usual occupation and will be so t8 prevented in the future, all to his general damage in an amount 19 unknown to plaintiff at this time. Plaintiff prays leave to 20 amend this pleading to set forth the exact amount thereof when 21 it is finally determined. 22 WHEREFORE, plaintiff prays for judgment against defendants 23 and each of them as set forth below. 24 NINTH CAUSE OF ACTION 25 (Breach of. Implied Warranty) 26 As a for a Ninth Cause of Action, plaintiff TERRY LEE 29 1 SPITZER complains against SHIMANO, OCTOPUS BIKE SHOP and DOES 2 46-60 AND 91-100, and each of them, and alleges as follows : 3 109 . Plaintiff reallege and incorporate by reference each 4 and every allegation of paragraphs 1 through 108 as though fully 5 set forth herein. 6 110. SHIMANO manufactured the bicycle shoes and pedals 7 for purposes of their eventual sale to retail buyers . 8 111 . Defendants DOES 91 through 100, inclusive, acquired 9 these goods from SHIMANO and distributed them to defendants 10 OCTOPUS BIKE SHOP and DOES 46 through 60, inclusive, for 11 eventual retail sale to consumers . In the process, defendant 12 distributors supplied to OCTOPUS BIKE SHOP a sample or model of 13 the goods for demonstration at retail, thereby making an express 14 warranty that the whole of the goods conformed thereto. 15 112 . Defendants OCTOPUS BIKE SHOP and DOES 46-60, 16 inclusive, ( "seller" ) , sold the SUBJECT SHOES AND PEDALS to 17 plaintiff TERRY LEE SPITZER at retail, and plaintiff bought the 18 SUBJECT SHOES AND PEDALS from seller. The contract between the 19 parties was oral . 20 113 . The retail sale to plaintiff was accompanied 21 separately, individually, by the defendant manufacturer's, 22 defendant distributors ' and defendant seller's implied 23 warranties that the goods were merchantable. 24 114 . Defendants, and each of them, breached both the 25 implied warranty of merchantability in that plaintiff did not 26 receive suitable goods, and such goods were not merchantable or 30 1 fit for the particular purpose for which they were required, in 2 that the SUBJECT SHOES AND PEDALS failed to protect plaintiff 3 from serious injury when he was involved in the accident alleged 4 herein. 5 115 . As a direct and proximate result of the aforementioned 6 conduct, plaintiff TERRY LEE SPITZER was hurt and injured in his 7 health, strength and activity, sustaining injury to his body and 8 shock and injury to his nervous system and person, and became 9 sick, sore, lame and disabled, all of which injuries have caused 10 and continue to cause plaintiff` great mental , physical and 11 nervous pain and suffering, all to his general damage in a sum 12 to be proven at time of trial . 13 116 . As a further direct and proximate result of the 14 aforementioned conduct, plaintiff TERRY LEE SPITZER was required 15 to and did employ physicians and surgeons to examine, treat and 16 care for him. Plaintiff did incur and continues to incur 17 medical and incidental expenses . the exact amount of such 18 expenses are unknown to plaintiff at this time, and he prays 19 leave to amend this pleading to set forth the exact amount 20 thereof when it is finally determined. 21 117 . As a further direct and proximate result of the 22 aforementioned conduct, plaintiff TERRY LEE SPITZER was . 23 prevented from engaging in his usual occupation and will be so 24 prevented in the future, . all to his general damage in an amount 25 unknown to plaintiff at this time. Plaintiff prays leave to 26 amend this pleading to set forth the exact amount thereof when 31 1 it is finally determined. 2 WHEREFORE, plaintiff prays for judgment against defendants 3 and each of them as set forth below. 4 TENTH CAUSE OF ACTION 5 (Breach of Express Warranty) 6 As and for a . Tenth Cause of Action, plaintiff TERRY LEE 7 SPITZER complains against SHIMANO AMERICAN CORPORATION, OCTOPUS 8 BIKE SHOP, and DOES 46 through 60 and 91-100, and each of them, 9 and alleges as follows : 10 118 . Plaintiff incorporates by reference paragraphs 1 11 through 117 as though fully set forth herein. 12 119 . SHIMANO, through advertising to the general public and 13 to the trade, expressly warranted that the SUBJECT SHOES AND 14 PEDALS were safe for normal use, were the top-of-the-line 15 product, and would allow a rider of SPITZER' s experience to 16 quickly "kick out" in the event of an accident. 17 120 . OCTOPUS expressly adopted these express warranties by 18 showing the advertisements to its"- customers . OCTOPUS further 19 expressly warranted that the SUBJECT SHOES AND PEDALS were safe 20 for ordinary use and would allow a rider of 3PITZER' s experience 21 to quickly "kick out" in the event of an accident. 22 121 . Plaintiff received the above-stated express warranties 23 by reading the advertisements directed to the general public, by 24 being shown and reading the advertisements to the trade, and by 25 asking for and receiving the advice of OCTOPUS in the purchase 26 of the* SUBJECT SHOES AND PEDALS . 32 W ` 1 122 . In purchasing the SUBJECT SHOES AND PEDALS, plaintiff 2 relied on the above-described express warranties . 3 123 . Defendants , and each of them, breached these express 4 warranties, in that the SUBJECT SHOES AND PEDALS failed to 5 adequately allow plaintiff TERRY LEE SPITZER to quickly "kick , g out" in the above-described collision with HARTMAN. 7 124 . As a proximate result of the acts and omissions of 8 defendants , and each of them, alleged herein, plaintiff was hurt 9 and injured in his health, strength and activity, sustaining 10 injury to his nervous system and person, all of which injuries tt have caused, and continue to cause, plaintiff great mental, 12 physical , and nervous pain and suffering. As a result of such 13 injuries , plaintiff has suffered general damages according to 14 proof . 15 125 . As a further proximate result -of the acts and 18 omissions of defendants, and each of them, as herein alleged, 17 plaintiff has incurred, and will continue to incur, medical and 18 related expenses in an amount according to proof. 19 126 . As a further proximate result of the acts and 20 omissions of defendants, and each of them, as alleged herein, 21 plaintiff TERRY LEE SPITZER has been unable to attend to his 22 usual occupation , since January 27, 1991 . Plaintiff is informed 23 and believes, and thereupon alleges, that he will be unable to 24 attend to his usual occupation for some time in the future. As 25 a result thereof, plaintiff TERRY LEE SPITZER has suffered, and 26 will continue to suffer, lost wages in an amount according to 33 • A b 1 proof . 2 WHEREFORE plaintiff prays for judgment as set forth below. 3 ELEVENTH CAUSE OF ACTION 4 (Negligent Infliction of Emotional Distress) 5 As and for an Eleventh Cause of Action, plaintiffs JUSTIN 6 SPITZER and JEFFREY SPITZER complain against all defendants, and 7 each of them, and allege as follows : 8 127 . Plaintiffs reallege and incorporate by reference each 9 and every allegation of paragraphs 1 through 126 as though fully 10 set forth herein. 11 128 . Plaintiffs JUSTIN SPITZER and JEFFREY SPITZER were, at 12 all relevant times, the natural sons of plaintiff TERRY LEE 13 SPITZER. 14 129 . On January 27, 1991 , plaintiffs JUSTIN SPITZER and 15 JEFFREY SPITZER were, at all relevant times, the natural sons of 16 plaintiff TERRY LEE SPITZER. 17 130 . On January 27 , 1991, plaintiffs JUSTIN SPITZER and 18 JEFFREY SPITZER were present at, th"e scene of, and were 19 percipient witnesses to the accident herein alleged at the 20 intersection of Taylor Boulevard and Pleasant Hill Road, wherein 21 their father, TERRY LEE SPITZER, suffered the injuries herein 22 alleged. 23 131 . . As a proximate result of. witnessing the injuries to 24 their father, caused by the negligent acts and omissions of 25 defendants as herein alleged, plaintiffs suffered severe 26 emotional shock and trauma. 34 1 132 . As a direct and proximate result of the aforementioned 2 conduct, plaintiffs JUSTIN SPITZER and JEFFREY SPITZER were hurt 3 and injured in their health, strength and activity, sustaining 4 injury to their bodies and shock and injury to their nervous 5 systems and persons, and became sick, sore, lame and disabled, 6 all of which injuries have caused and continue to cause 7 plaintiffs great mental, physical and nervous pain and 8 suffering, all to their general damage in a sum to be proven at 9 Limo of trial . 10 133. As a further direct and proximate result of the 11 aforementioned conduct, plaintiffs were required to and did 12 employ physicians and surgeons to examine, treat and care for 13 them. Plaintiffs did incur and continue to incur medical and 14 incidental expenses . The exact amount of such expenses are 15 unknown to plaintiffs at this time, and they pray leave to amend 16 their .pleading to set forth the exact amount thereof when it is 17 finally determined. 18 TWELFTH CAUSt OF ACTION 19 (Loss of Consortium) 20 As and for a Twelfth Cause of Action, plaintiff KATHLEEN 2.1 MONTHEI SPITZER complains against all defendants, and each of 22 them, and alleges as follows: 23 . 134 . Plaintiff realleges and incorporates by reference each 24 and every allegation of paragraphs l through 133 as though fully 25 set forth herein. 26 135 . Plaintiff KATHLEEN MONTHEI SPITZER was, a.t all 33 r. • 1 relevant times, and is now, the wife of plaintiff TERRY LEE 2 SPITZER. 3 136 . Prior to the physical and emotional injuries alleged 4 herein, TERRY LEE SPITZER was able to and did perform his duties 5 as a husband. Subsequent to the injuries and as a proximate 6 result thereof, TERRY LEE SPITZER has been unable to perform the 7 necessary duties as a husband and the work and services usually 8 performed in the care, maintenance, and management of the family 9 home, and TERRY LEE SPITZER will be unable to perform such work,. 10 services, and duties in the future. By reason thereof, 11 plaintiff KATHY MONTHEI SPITZER has been deprived, and will be 12 deprived in the future of the consortium of her spouse TERRY LEE 13 SPITZER, including the performance of his necessary duties, all 14 to plaintiff 's damage in a sum according to proof . 15 WHEREFORE, plaintiff prays for judgment against defendants 18 and each of them, on all causes of action, as follows : 17 1 . General damages in a sum to be determined at time of 18 trial; 19 2 . Special and incidental damages according to proof; 20 3 . All costs incurred in the suit herein, and; 21 4 . For other and further relief as the court deems just 22 and proper. 23 DATED: January 24 , 1992 24 BENNETT & JOHNSON 25 .y 28 RI A D"' . BENNETT Attorney for Plaintiffs 36 PROOF OF SERVICE BY MAIL 1 2 STATE OF CALIFORNIA ) 3 ) ss. COUNTY OF SANTA CLARA ) 4 SPITZER V. HARTMAN, ET AL. 5 CONTRA COSTA SUPERIOR COURT CASE NO. C 92 00308 6 I am a citizen of the United States and a resident of the 7 County aforesaid; I am over the age of eighteen years and not a party to the within action; my business address is 160 West 8 Santa Clara Street, Thirteenth Floor, San Jose, California 95115-. 0036. On April, 1992, I served the within CLAIM AGAINST PUBLIC 9 ENTITY [Government Code §§905 and 910] . 10 I am readily familiar with the business' practice for collection and processing of correspondence for mailing with the 11 United States Postal Service. The above-described document will be deposited with the United States Postal Service on this same 12 date in the ordinary course of business. The envelope was sealed and placed for collection and mailing on this date following 13 ordinary business practices at San Jose, California, addressed as follows: 14 Clerk of the Board of Supervisors 15 651 Pine Street, Room 106 Martinez , CA 94553 16 17 18 19 20 I declare under penalty of perjury that the foregoing is 21 true and correct. Executed on April , 1992, at San Jose, California. 22 23 24 'SHARON M. 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CLAIM 'r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA > /N ,Y Claim Aa:'�,�st the County, or District governed by) BOARD 10 1992 the Bbard,of Supervisors, Routing Endorsements, ) NOTICE TO 'CLAIMANT Posy 19, Y COUNSEL and Board Action,,' All Section references are to ) The copy of this document mailed to you is 3%Jff1N'i64LWf California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1,000,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KAST, Deborah aka Deborah Gallio and Deborah Johnson ATTORNEY: Amanda L. Ebey, Esq. Jacoby & Meyers Date received May 1, 1992 ADDRESS: 100 Bush Street BY DELIVERY TO CLERK ON #700 April 30, 1992 San Francisco, CA 94104 BY MAIL POSTMARKED: CERT P 688 560 594 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 1, 1992 PpH�{IL BATCHELOR, Clerk DATED: Bel: Deputy44 11. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially..with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: c Z BY: 1 Deputy County Counsel Ti II'I. FROM: Clerk of the Board T0: 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: SAY 1 9 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: M2 BY:, PHIL BATCHELOR byOZIAJ�' Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAR4M A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of. the District should be filled in. D. If the claim is .against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this Orm. RE: Claim By ) Reserved for Clerk's filing stamp Deborah Kaci- _(aka Deborah GalliA RECEIVED . and Deborah Johnson) ) Against the County of Contra Costa ) MAY 11992 or ) CLERK BOARD OF SUPERVISORS District) I CONTRA COSTA Co. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ I nnn, nnn, nn and in support of this claim represents as follows: -------- ------ --------------------�.��-------------=------- 1. When did the damage or Injury occur? (vise e;mct -.4mtc nd hour) Claimant first became aware -of malpractice on January 15 , 1992 . 2. Where did the damage or injury occur? (Include city and county) Los Medanos Community Hospital, 2311 Loveridge Road, Pittsburg, CA 94565 3. How did the damage or injury occur? (Give full details; use ex; paper if required) Claimant sought medical services for sterilization via a tubal j ligation procedure from Los Medanos Community Hospital, Daniel Zimmerman M^ and Antioch Medical Park Medical Group. Claimant is informed and believes that the procedure was negligently performed because she became pregnant. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Claimant underwent a tubal ligation on October 6 , 1987 ' at the above-men- tioned county facility. On January 15, 1992, she discovered that she was pregnant. (over) ;5. What are the names of county or district officers, servants or employees causing the damage or injury? Los Medanos Community Hospital and Does 1-50, Daniel Zimmerman, M.D. , and Antioch Medical Park Medical Group ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Medical costs and other costs arising from the pregnancy and birth, and related pain, suffering and emotional distress. ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Estimated. ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. 1 . Daniel Zimmerman, M.D. , Antioch Medical Park Medical Group, 3737 Lone Tree Way, Antioch, CA 94509 2 . Antioch Medical Park Medical Group, 3737 Lone Tree Way, Antioch, CA 9450 3 . Los Medanos Community Hospital, 2311 Loveridge Road, Pittsburg, CA 94565 ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Unknown to date. Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some ers h half." Name and Address of Attorney Amanda L. Ebey,, Esq. man t' Sig tune Jacoby & Meyers 100 Bush Street, #700 San Francisco, CA 94104 Ad Telephone No. (415) 399-8951 Telephone No. * * * * * * * * * * * N O T I C E Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. JACOBY&MEYERS LAW OFFICES Personal Injury Unit 100 Bush Street,Suite 700 San Francisco,CA 94104 1 2 PROOF OF SERVICE BY MAIL 3 4 I, Jennifer Purcell, declare: 5 I am over the age of eighteen years and not a party to the 6 within action. My business address is 100 Bush Street, 7 Suite 700, San Francisco, CA 94104 . 8 On April 30, 1992, I caused to be served the within CLAIM 9 AGAINST THE COUNTY OF CONTRA COSTA by placing a true copy 10 thereof in an envelope, with adequate postage, and 11 depositing same envelope in a U.S. Mail receptacle, 12 addressed as follows: 13 Clerk of the Board of Supervisors Room 106, County Administration Building 14 651 Pine Street Martinez, CA 94553 15 I declare under penalty of perjury under the laws of the 16 State of California that the foregoing is true and correct. 17 Executed this 30th day of April, 1992 , in San Francisco, 18 California. 19 � ---> 20 "V'4A-cu 21 Je ifer Pu ell ' 22 23 0 0 24 m � 25 Q s260 0 ¢ n 27 W co Ev oc co "N 28 CLAIM WOM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APR 3 0 1992 ClaimNac�inst the County, or District governed by) BOARD AC14MM OOhNa the Boa•F'd of Supervisors, Routing Endorsements, ) NOTICE'TO CLAIMANT May 19 , F. 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: $50,000.00 + Section 913 and 915.4. Please note all "Warnings". CLAIMANT: LOVIG, Nancy E. ATTORNEY: Renee Przybylski 2975 Treat Boulevard Date received ADDRESS: Suite E-5 BY DELIVERY TO CLERK ON April 27 , 1992 Concord, CA 94518 BY MAIL POSTMARKED: Hanrl dpl i vPrpd I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 30, 1992 ggIL DAputyLOR, Clerk v 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: c� IG/5.2 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (VJ' 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: MAY 19 1992 PHIL BATCHELOR, Clerk, By4 0 1 iAif 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: MAY 1 9 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator t 1 RENEE PRZYBYLSKI, Esq. (State Bar #133793) 2975 Treat Blvd, Suite E-5 2 Concord, CA 94518 RECEIVED Tel: 510 682-9102 3 Fax: 510 682-9122 4 Attorney for NANCY LOVIG 7WR 2 71992 CLERK BOARD OF SUPERVISORS 5 CONTRA COSTA CO. 6 7 8 In the Matter of the Claim of NOTICE OF CLAIM FOR INJURIES 9 NANCY E. LOVIG 10 11 To MERRITHEW MEMORIAL HOSPITAL, ITS OFFICERS, AGENTS, and 12 EMPLOYEES: 13 PLEASE TAKE NOTICE that NANCY E. LOVIG, claims against 14 MERRITHEW MEMORIAL HOSPITAL, ITS OFFICERS, AGENTS, and 15 EMPLOYEES for personal injuries, medical expenses and general damages sustained by 16 said NANCY LOVIG, by reason of personal injuries received by her, and in support 17 thereof the claimant states: 18 1. The Post Office address of claimant, NANCY E. LOVIG is 601 - 143rd 19 Avenue, San Leandro, CA 94578 and birth date is 9-19-58. 20 2. The name of claimant's attorney is RENEE PRZYBYLSKI, 2975 Treat 21 Blvd., Suite E-5., Concord, CA 94518. All notices of denial or acceptance of this claim 22 should be mailed to said attorney. 23 3. The claim of NANCY E. LOVIG is for the negligence of MERRITHEW 24 MEMORIAL HOSPITAL, ITS OFFICERS, AGENTS, and EMPLOYEES and others, 25 as hereinafter set forth: 26 (a) That on October 28, 1991, NANCY LOVIG, was an inpatient at 27 28 - 1 - 1 MERRITHEW MEMORIAL HOSPITAL for the purpose of a tubal ligation procedure. 2 This procedure was performed under a general anesthetic. At some time while claimant 3 was unconscious as a result of the general anesthetic, she was burned on her neck. 4 Claimant felt the pain of this burn immediately upon regaining consciousness and 5 brought it to the attention of the nursing staff, Charles Berelett, M.D., who performed 6 the tubal ligation, and Jeffrey Lindsey, M.D., the anesthesiologist who was present during 7 the procedure. Claimant is at this time ignorant of the names of any of the other 8 professional employees or agents of MERRITHEW MEMORIAL HOSPITAL who were 9 present during the tubal ligation procedure. 10 (b) The accident as aforesaid, and the injuries and resulting damages alleged 11 herein, were caused through the negligence and carelessness of MERRITHEW 12 MEMORIAL HOSPITAL, ITS OFFICER, AGENTS, and EMPLOYEES, and resulted 13 in a raised, highly visible and unsightly scar near the center of the front portion of 14 claimant's neck, causing her embarrassment, self-consciousness and emotional distress. 15 (c) That claimant NANCY E. LOVIG, solely by reason of the negligence and 16 carelessness of MERRITHEW MEMORIAL HOSPITAL, ITS OFFICERS, AGENTS, 17 and EMPLOYEES, was forced to spend money for medical treatment and will be forced 18 to spend additional money for cosmetic surgery to erase this scar if possible. 19 (d) That by reason of the foregoing, claimant NANCY LOVIG, has been 20 generally damaged in the amount of fifty thousand dollars ($50,000.00) plus medical 21 specials. The appropriate jurisdiction of this claim is Contra Costa Superior Court. 22 DATED: April 27, 1992 23 i 24 By: REN E PRZYBYLSId,QES6 25 Attorney for Claimant, NANCY LOVIG 26 27 28 - 2 - 1 PROOF OF SERVICE BY HAND DELIVERY 2 3 CASE NO: 4 I DECLARE THAT: 5 I am a resident of Contra Costa County, State of California, over eighteen(18)years of age, 6 and not a party to this action. My business address is 2975 Treat Blvd., Suite E-5, Concord, 7 California 94518. On April 27, 1992, I served NOTICE OF CLAIM FOR INJURIES TO 8 MERRITHEW MEMORIAL HOSPITAL on all parties, by hand delivery to: 9 10 Board of Supervisors 651 Pine street, Room 106 11 Martinez, CA 94553 12 13 14 I declare under penalty of perjury of the laws of the State of California that the foregoing 15 is true and correct, and that this declaration was executed at Concord, California on 16 April 27, 1992. 17 18 1 IOGUARDI 20 21 22 23 24 25 26 27 28 Ilk t a. vAl a. 6 v+ a `� lfig�b � a r 111 Y u1 ��•.- • co CLAIM i✓:,�� �l� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA p� R 3 01992 Claim Against the County, or District governed by) BOARD A TION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT M a y 19 , 19 NT cCM111 ' and Board Action. All Section references are to ) The copy of this document mailed to youis you �y of California Government Codes. ) the action taken on your claim by the Board of Supervisors/ (Paragraph IV below), given pursuant to Government Code Amount: $552, 656. 70 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MC CULLOUGH;CQ. , William G. General Engineering Contractors ATTORNEY: P.O. Box 2119 Antioch, CA 94531-2119 Date received ADDRESS: BY DELIVERY TO CLERK ON Al ri 1 27 & Ai ri 1 28 , -1992 BY MAIL POSTMARKED: FAX and Ala i 1 27 r 1 9c32. I. FROM: Clerk of the Board of Supervisors' TO: County Counsel Attached is a copy of the above-noted claim. pH gg DATED: April 30, 1992 BYIL DeputyLOR, Clerk o (L I1. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return.claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: �-� Deputy County Counsel I11. 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 th i s date. Dated: MAY 19 1992 PHIL BATCHELOR, Clerk, By ° Deputy Clerk 1A k - 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 Postai Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and NotAc e to Claimant, addressed to the claimant as shown above. FL L Dated: MAY 19 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �EpGENEIy� �`� Contractor's License No. 234547A,C-10 W WILLIAM G. McCULLOUGH CO. r `a GENERAL ENGINEERING CONTRACTORS EXCAVATINGPAVNG P.O. Box 2119 • 2625 E. 18th Street • ANTIOCH,CA 94531-2119 GRADING (510)757-1394 • FAX(510)757-8863 UNDERGROUND U--RECEIVED APR 2 8 1992 . gpAAD CASTAECO'S, RS Agril 27, 1992 VIA FAX $, U.S. MAIL.. Clerk, Of the Board Of Supervisors, Room 106 COL(r?ty Administration Etl.lildincl 651 Fine Street Martinez , CA 9655,3' Cler-I:* Of the Board Of Supervisors: Attached please find OL.tr claim against Contra Costa COUnty DA 2t7Aa ! han 6; YOU, r F=r a n k:l.a.n C=tl Williams Chief Financial Officer FEW1pi Claim to: BOARD OF SUPERVISORS of CONTRA COSTA COUNTY RECEIVED 114srRUCTIONS TO CLADUM APR Z 7 1992 A. 'Claim`s relating to causes of action for death or for injury to person or to per- sonal property or growing crops and Which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed arainst each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp William G. McCullough Co. ) P.O. Box 2119 ) Antioch, CA 94531-2119 ) Against the County of Contra Costa ) or ) District) Fill in name ) The undersigned claimant hereby makes .clam^against the County of Contra Costa or the above-named District in the sum of'$ 552 656. 70 and in support of this claim represents as follows: 1. When did the damage'or injury occur? (Give exact date and hour) April 21, 1,992 2. Where did the damage or` injury occur? (Include city and county) _ County Board of Supervisors Chambers _ 3. How did the damage or injury occur? (Give full details; use extra paper if�� required) See attached. 4. What particular, act or omission on the part of county or district officers, servants or employees caused the injury .or damage? See attached. (over) #3 William G. McCullough Company, Inc . , a General Engineering Contractor based in Antioch, employing up to.. . 350 local residents , is a fully licensed and bonded company, and did bid on DA 29A Ironhouse Sanitary Project . This project had certain minority requirements as stated in the bid documents . William G . McCullough Company did make a good faith effort to comply with those guidelines and provided additional information to Ms . Emma Kuevor of the County's Public Works Department on April 13 , 1992 , via fax and U. S. Mail. William G. McCullough company was contacted by the apparent low bidder who said "I do not believe I qualified, " as we were discussing minority sub-bids at the time. They commented that they should not be awarded the job and said they were going to "back off" from their bid. Even after Public Works reviewed the good faith efforts on William G. McCullough Company, they approved the bid of another contact who made no effort to secure- minority bids . #4. The County Public Works Department, and the Board of Supervisors have discriminated against William G. McCullough Company, by not making the various contractors who bid on Public Works projects play on a level playing field, as required by Keco Industries . Inc . v. United States . 428 F . 2d 1233 , 126c PAR 249(CT..CL. 1970) . The Public Works Department, and the Board of Supervisors have created a significant departure from their own regulations in awarding contracts as twice in the past twelve months William G. McCullough Company was the apparent low bidder, but failed to comply- with `- the minority. good faith efforts per the County, and was not awarded the project and now another contractor failed to perform due diligence and the Board wishes to award them the contract, which is against the precedenceset in Prester. Inc. V. United States . 32c F. 2d 367 , 162(CT.CL . 620 (1963) . #6 William G. McCullough Company was damaged as to costs to complete the bid, cost of minority solicitation, loss of profits on this job, increased overhead costs, and opportunity costs for failure to be awarded this contract . William G. McCullough Company — seeks reimbursement of the above cost and will provide a detail of those costs or the award of contract mentioned above. #9 It is our desire to be awarded this contact as the low bidder who qualifies under the specification as defined in the plans and specs . y , ZNE SSSO��' �a • rPp Q 4 •rb81]Vati�� F C C) -e ns v Z L1 w C1 + 0 � F (1 C-i O N O C C) 0 O a � a tTj W-3 0 OAUlk w 0 � '� ? b ftj V p � cncl d 'A G) U) '• !{y✓�9` all - GY •.,HF'F' c.' '�1 11:06 6 WILLIAMMi_t_I_ILLt7U[�H # 'Sf —d�16 P. 1 ; - Conlractor'i Licensu No. 234547A,C•10 .'WILLIAM G. McCULLOUGH CO. GENERAL LNGNEE:RINC CONTRACTORS nevi,-, P,0. Box 2119 • 2625 F. 18th Street . ANTIOCH,CA 94531.2119 CRAni„e u.tiocecuouvu (415)1;7.1394 • FAX(415) 757.8863 Please deliver the following page(s) to: Name: Frons ' "'�r //• � >/,/• ,f� ��� lc`�c ' '.s'i't';✓r Company/City: _-- Message: J /) r CONFI®EMTIALITY NOTICE The documents accompanying this FACSIMILE transmission may contain confidential 'Information which is legally privileged, The Information la Intended only for the use of the Individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information ecntained In this transmission Is strictly PROHIBITED. ol you have received this transmission In error, please immediately notify us by telephone and mall the original tranamiwion to us Thank you. i Reply requested I Total number of pages : �� Including this cover sheet\, YES T— NO � Il f t�Oc���c� C���O fj�9@j� ���aa�@� Qtl �I�� �7bd1 ��� �'����n�a �tOtl p®�ca�• � . Dated .. Time Fax Number: APR 27 -'92 10:5? WILLIAM G MCCULLIJUGH # 757-8663 P.2 C:omtrectorls Ucenft No, 234547A,C-10 WILLIAM G. MCCULLOUGH CO. • GENERAL ENGINEERING CONTRACTORS EXCAVATING GRVPAVING INC P,0.Ata 2'119 a 2625F, '18th5tree4 a ANTIOCH,CA 94531-211L) D UNDERCROUND (510)757-1394 FAX�010)75,7-"63, V I ti F*AX C.'n U f'?t,.,, A cl ryd.n i-e t-1 r'ei t j.n n i,",,I i I J J,n a 65:1. F'ine �:.3trmet 9 4 15 15 cd; the I:;}cwlrrcl al I h 1,1 Ch i -f Fl,nzan J, I Of f-.i RECEIVED- ItV APR 2 71992 BO n;: CLERKBOARDOF SUPERVISORS S CONTRA COSTA Co. NPR 27 192 10:56 WILLIAM G MCCULLOUGH # 757-8263 P. 1 �t CGntractor'%LIC�r1EQ N4, 2,14547A,C-'10 . WILLIAM G. McCULLOf1.1GH Co. ~ GENERAL ENGINEERING CONTRACTORS EXCAVATINC- .. . . )x 2119 • 2625 E. 18th Street ANTi001,CA 94531.21 19 UNOfRGR()UNI') UN0(RC (415) 757.1394 . FAX(415)757`-8863 ' Please deliver the following page(s) to- Name: . � Pram Company/City: Message: r � 9 I CONFIDENTIALITY NOTICE The documents accompanying this FACSIMILE transmission may contain confidential Information ' which is legally privileged, The Information is intendod only for the use of the Individual for entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution' or use of any of the information ocntained in this transmission Is strictly PROHIBITED, If you have received this transmission, in error, please Immediately notify us by telephone and mall the original tranamlaslon to us i Thank you, i l/ Reply requested si j Total number of es : �q Including this cover sheet. YES NO _^ pO@,Dg@ (2�Dg0 yoo e§ag OCOO pSOSOVS MOO L M0065a Dated : _ .•�_ Time - { Fax Number: , APR 27 '92 10:57 WILLIAr1 G MCCULLOUGH # 757-88&__-. P.3 claim•to.. Aon OF 3MVMRS CW .WKM 00STA 0OUNTY RECEIVED APA 2 7 1992 A. Claims relating to causes of action for death, or for injury to person or to per- sand property or gmwing crops and wiioh accrue on or befo34 member 31, 1937. must be presented not later Char 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 properrty' or growing crops and .whiah accrue on or after January 1, 1988, mu.`t be presented not later than six months after the acomal orf the cauae of action..! Claims relating to any other cause of aeticna must be presented not later tW :one ymr after the. aecr ml of the cause of action. (Govt, Code B. Claim .must be filed with. the Clerk of the Bow-d of rvisors at its office in 106, t ounty Administration Building, 651 Pins Stmt, Martinez, CA 94553. C. If claim is, against a district governed by the ward of Supervisors, rather than the County,l the r4aw of the District should be filled in. D. if the claim is against' macre than one public entity, separate claim east be filed apirist eE-,oh publia. entity. E. Fraud. See paraalty for fraudulent, claims, Penal Cade Sec. 72 at the and of this orm® RE: Claim By ) Reserved for Clank's filing stamp William C. mc:Cullough Co . ) P.O. Box 2119 ) Antioch, CA 94531-2 .19 ) Apinst the unty oContra os or ) District) The underaigred claimant hereby makes claim against the County of Contra Costa or the above-nawd District in the sum of $ 552 , 656 . 70 and in support of this claim represents as foil.t 4 1. Vhen did the damSe or injury our? (Give exact date and hour) Ppxl 21 1992 2. Where dial the daWe or injlx7 occur? (Include pity .and qty) County Soar6 of upexvic nr Chambc s How did the damp w injury Occur? (Give fal details, awe extra paper if inquired) See at4ached. 4. What particular pact or, =i.ssion on the part of 0ounty ,o r district officers, servants o� employees causad the injury or e? I Seg: attached. (Oven`) APR 27 "92 11:07 WILLIAM G MC:CULL0U(:H # 757-:3863 F. -9. What are the names of ootmty or district officers, servants or Employees causing .the daa�age or inJury? The Board of Supervisors $. What dataage or injuries do you claim resulted? (Give full extent of injuries or damagesclaimed. Attach two estimates for auto damage. See attached. 7. How wa,s; the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Claimant wants to be awarded contract .C.C.0 DA. 29A wwwwo.__w.rw..++......+.__ma®o__m m____o_.Yrrr+.arr_r rr4«..r.�w W rrw,.y..y..r.yr q_w.w infer.r...Wrwrrr_r4rrrwy_y.rrirY rrr.� g. Names aid addresses of witnesses, doctors and hospitals. Frank jwilliams Art Pejase Don Halrris ma__m®_ m-m-__m_____®_s_____®m_-_ -o___m..___v_m_ _-_________m___ ------- 9. List the expenditures you made on a000unt of this accident or injury: DAT ISI AMOUNT Amounts to be provided later. e �+ � � � e� � a e a e � � � � :3 � � � � � � ct � � � +� e e a � � e is a e e � e e a �► Gov. Code Sea. 910.2 provides: "The claim rrnst, be signed by the olaimant SENM NOTICES TO: Attorney) or by some person on his behalf." Name ndfwd dress of Attorney C a man s Signature (Address) ?Wr --,7 Telephone No. Telephone No. e2 '5t e � eseta �s � � � � eee I�� eea z 0 T I C E Section 72 Qf the Penal Code pmvideso "Every person -who, with intent bo defraud, presents for allowance or for payment to my state board or off'oer, or to any county, city or district, board or officer, auxhorided to all.cw or pay the same ifgenuine, any False or frFsudillent claim, .bill' .account, voucher, or writing, is punishable either by imprisonment, in the county ail for a period of not more than one year, by a. fine of not, weedi.n,g one thousani ($1,000), or by both such imprisonment and fine, or by imprisonment in the state p ison, by a fine of not exceeding ten thouvand dollars ($10 000, or by both such iVrisonmen.t and fine. APP.. 27 '92 10:58 W I LL I AH MCCULLOUGH # 757-8863 P.4 3 William G • McCullough Company, Inc . , a General Engineering Contractor 1-�,Rreo in Antioch, empicying u:J�: !, 350 local residents , :is a fU1.1.11 licensee and bonded company, and (did bid on DA 29A Ironhouse unitary Project . This project had certain minori.t;,► requirements *;gid in the bid documents , William G , mocul.lough company �,id make a good faith effort to comply with those guidelines and provided additional {.tiforma.ti%i to Me : Emma Kaevor ,f the County's :Public Works Department on April 13 , 19925 via fax and U, 9. Mail, William G . McCullough company was contacted by 'the appa.ren,t, low bIdd.e.r. who z_%,id "T do not belLDvo I qualified," as we were discussing minority cub--bide at the time , They commented that they should not be awarders the Job and said they were going to "back off" - from their bid . Even after Public Works reviewed the gonad faith efforts on William G .' McCullough Compo»y ,, -11--,hey a.pprat-,ed t,h;* bid, of another contact who made no effort to secure minority bids . #4 . The County .Public Warks Department, and the: Board of Supervisors have discriminated against William r McCullough Company, by not taking tho various c ontrac:t;ore who bid on Public Works projects play on a level playing field, as required by Ygrg, �n5� 't �& Izr-,_ Y, �xaal�, ri at_a = 428 F+ . 2d 1233, 126c PAR 249(CT,CL. 1970) , The Public Works Dspmrtm8nt., anti the Board of q�,�pereria_{,► � have created a signif:icatiT depa,rt,i.tre from their :,wn regulations in awarding contracts as twice in the past twelve months William G. McCulloQgh Company was the apparent Lown bidder, but failed to comply with the minority good faith efforts per the -County, and was not awarded the project and now another contractor failed to perform due diligence. 4T1 ... t, -, P,,�r+,rrt r ps 'f n kr w the contract, wh,ioh is against the precedence eget, in. I,n nom.._. Y___ t 7,. 'cue c _ ti3 .�y �a. F , ?d 367 „ 162(CT . Ci, - 620 ( 1963) of; will-Jam G McCullough Cr.�mpany wap, dsmaged ar to ro, 7,t:� t.(- complete the bid, Qost, of minority solicitation, loss. of profits. on this Job, ;nc-:reased averhead costa , opportunity caste for failure to be awarded this contract , William G. McCullough Company seeks a" i.iT11!t,C•cvt�l1i 77.t of tht, Comt wird 1,7111 provide .1� of those coats or the award of contract mentioned above. #9 It is our desire to be awarded this contact as the lawn bidder who qualifies under the specification as defined in the plans and specs . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA • APR 3 01992 Claim Again,t the County, or District governed by) BOARD ACTION the Soard,. of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May 19 and 86 rd Action. All Section references are to ) The copy of this document mailed to you is your AMce 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: RIVERA, .:.Rbbert Hernandez ATTORNEY: Law Offices of Horacio J. Martinez Baca 870 Market Street , Suite 1084 Date received ADDRESS: San Francisco, CA 94102 BY DELIVERY TO CLERK ON April 24 , 1992 BY MAIL POSTMARKED: April, 23 , 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED:_ri l 30, l qA2 EYIL Bep�tyLOR, ClerkiAtzi J II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This .claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911..3). ( ) Other: Dated: i{ 2 Deputy County Counsel Xi III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:—MAY 19 q 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 d Notice to Claimant, addressed to the claimant as shown above. Dated: MAY 10, 1992 BY: PHIL BATCHELOR by ° Deputy Clerk CC: County Counsel County Administrator INC. of Z\ 6 LAW OFFICES ❑FHORACIO J. MARTINEZ BACA 870 MARKET STREETFLOOD BUILDING, SUITE 1084 ISORSBUENOS AIRES OFFICE SAN FRANCISCO, CA 941❑2 96 ALSINA 292, 6° "A" FAX: (415) 296-0397 BUENOS AIRES IOB7 A ril 22 1992 PH. 331-1195 p ARGENTINA Attn. Clerk of the Board CONTRA -COSTA BOARD OF SUPERVISOR 651 Pine Street, 1st Floor Martinez, California 94553 Re: Claim for Personal Injuries of Roberto Hernandez Rivera Dear Sir/Madam: Enclosed please find original and two copies of Claim for Personal Injuries regarding the above captioned matter. I am kindly requesting you to file them and return the endorsed filed copies to our offices at your earliest convenience. I am also enclosing a pre-paid self addressed envelope. If you have' any questions regarding this matter please do not hesitate to call the undersigned. Thank you in advance for your cooperation. Very truly yours, LAW OFFICES OF HORACIO J. MARTINEZ BACA Hora Inez Baca, Esq. B/x enc . �1 ' 1 LAW OFFICES OF S.B. #139708 HORACIO J. MARTINEZ BACA 2 870 MARKET STREET, #1084 SAN FRANCISCO, CA. 94102 3 (415) 296-0396 4 Attorney for Claimant ROBERTO HERNANDEZ RIVERA 5 CLAIM FOR PERSONAL INJURIES 6 CONTRA COSTA COUNTY 7 PRESENTED TO: 8 CONTRA COSTA BOARD OF SUPERVISOR 651 PINE STREET, 1ST FLOOR 9 MARTINEZ , CALIFORNIA 94553 ATTN. CLERK OF THE BOARD 10 11 YOU, AND EACH OF YOU, PLEASE TAKE NOTICE that the claimant 12 herein designated hereby serves and makes a demand upon you for 13 the cause and amounts set forth in the following claim: 14 Claimant' s name and address : Roberto Hernandez Rivera, 1809 15 22nd Street, San Pablo, California 94806 . 16 Claimant 's mailing address to which notices are to be 17 sent: LAW OFFICES OF HORACIO J. MARTINEZ BACA, 870 Market 18 Street, Suite 1084, San Francisco, California 94102 . 19 Date and Place of occurrence giving rise to the claim: 20 January 7 , 1992, at 23rd Street and Standard Avenue., City of 21 San Pablo, County of Contra Costa. 22 Description of occurrence: That on or about the 23 aforementioned date, the above-named public entity, by and 24 through its agents, servants and employees, owing and utmost 25 duty of care to claimant so carelessly owned, drove, entrusted, 26 managed, operated, maintained, repaired, inspected and 27 controlled a pick-up truck Ford F-150, License # E 792806, that 28 caused said pick-up truck to collide with automobile driven by 1 1 Plaintiff, causing thereby plaintiff to sustain severe personal 2 injuries . 3 That the above-named public entities, by and through their 4 agents, servant and employees, were negligent in that: 5 Defendant caused the collision by making a left turn in front 6 of plaintiff. 7 That as a direct and proximate result of said negligence 8 and carelessness, as aforesaid, claimant was caused to and did 9 sustain severe personal injuries to his back and neck, as well 10 as injuries to other parts of his body. 11 Claimant seeks damages based upon any all possible causes 12 of action derived from the aforementioned facts. 13 The names and addressed of all the public employees 14 responsible for claimant' s condition are presently unknown and 15 claimant does not presently know the extent of the special 16 damages . 17 The proper jurisdiction f r this claim is Municipal Court. 18 DATED: APR 2 31992 19 20 Hr^tt J r inez Baca, Esq. 21 r e or Claimant 22 Robert He nandez Rivera 23 24 25 26 27 28 2 I N13 r n ., io4p no � 3 00 -i N n v Haag a oa ° N N �0d ;�+c r � r Cts D N x In {t' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .rte .. Claim Naa'nst .the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May 1 9 , 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), givenursuant to Government Code Amount: $5,100.00 Section 913 and 915 Me note all "Warnings". CLAIMANT: WALKER, Richard APR 2 2 1992 COUNTY COUNSEL ATTORNEY: MARTINEZ, CALIF. Date received ADDRESS: 315 Elm Street BY DELIVERY TO CLERK ON April 20, 1992 Brentwood, CA 94513 BY MAIL POSTMARKED: Hand delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 22, 1992. gyIL BAATTCHELOR, Clerk ' ty III.. FROM: County Counsel TO: Clerk of the Board of Supervisors �(J ) 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: ���f`�� BY: J. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (Z 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: MAY 19 1992 PHIL BATCHELOR, Clerk, By JJAI ° 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. P Dated: MAY 19 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim,to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A4' .Claims relating to causes.of action for death or for injury to person or to per- sonal .property or `growing crops and whicPi 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 relatingto' causes of action for death"or 'for'°in fury 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 i .` later., than one,year after- the-accrual,.ofathe ,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 aach public, entity.. E. Fraud. See penalty f_ or fraudulent claims, Penal Code See. 72-at the' end of` this form. _ _ RE: Claim By ) Reser ed for C rk's filing stamp RECEIVE®. Against the County of Contra Costa ) APR 2 O or ) I0;3oa•�, District) CLERK BOARD OF SUPERVISORS Fill in name) I CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above'-named District in the sum of $ .5760. m and in support of this claim represents as follows: 1. . When did the damage or injury occur? (Give exact date and hour) 2. Where did' the damage-or injury occur? (Include city and county) d vsT�4- 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? A C A's i,e�.f_PA `S o 4 0 d A- c_ 77H 09 )�_'V BS t72 V S Eva U,4 r> eV,0-7— Fl^J D 7. (over) 5. What are the names of county or district officers, servants or employees cawing the damage or injury? ,4 0/?/Zr CA-9 7-_1:s'/(1A-/f--D A- � (i g�� ' ©� 3479 Bus K�U/iE3/a eDN71U d osT,44 &4-ktCa7-1e PLr &*n1r /-//LL , CPA ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. r �zo ! ?o a/ee D S'/o O /N e 48 E ( &O-7/vesS PdaPeSGrS (WAs N197' /rV Pk,41AI till-WD ------------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Q e7`v,ati •A-lni� Af 7-"" S/ Aly v 41-0 r o z�1 A4 Y��� ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. -P02oTfy-7 /N/,{ L/C C7 L A,-4z f} #//V 9/57- E'L m ST' C� SQA-R 0 N/ ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT 1, 1 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Claimant's Signature Address Telephone No. Telephone No. (o 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 ($1,0b0-), 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 sucri imprisonment and fine. 2�(/�� �Q�'Tc✓2 Tide' wG � 4el/THi/L/ 41e iyotl. 'T, Azejelele,6 A- N_.A-OZC�.o7`�e s 7-rf�y1 /?�l0 Gy.� LO�U�UG7� sT�! �� Dy��I�'i�✓� AIAD else w �e s14-41C Dl/y 7` l,S IIIAIZ e-e 7-/G S �D ,SRU c 4-9 Se'/2 e-b P6V o A,�. �u�t/_l�S h�i !�e'er O Aj / �'�— Z-1 /l✓i J 177 _,--G� C25, -S17- I-4A'4R 4-2lie 1, 3©M - CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA a � Claim ,,Against the County, or District governed by) BOARD ACTION the Board o Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May la, 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 RECEIVED (Paragraph IV below), given pursuant to Government Code Amount: $208.20 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: WOLF Mark L. APR 2 2 1992 COUNTY COUNSEL ATTORNEY: MARTINEZ, CALIF. Date received ADDRESS: 1649 Tiffany play BY DELIVERY TO CLERK ON April 20, 1992 San Jose, CA 95125-5021 April 16, 1992 BY MAIL POSTMARKED: p I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IL BATCHELOR, Clerk o DATED: April 22, 1992 �q: Deputy (L 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: 4 z 5 Jq2 BY: A Deputy County Counsel 0 NJ 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. BOARDS 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: MAY 1 9 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 Not* to Claimant, addressed to the claimant as shown above. CJ Dated: AlM19 1992 -BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ' '" E NED Clain" to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT APR 201992 A. Claims relating to causes of action for death or for injury to pe on RvisORs sonal property or growing crops and which accrue on or before 03A0 Go. must be presented not later-.than the 100th day. after the accr o 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 _Qfth_e-BoarAof Supervises at its office in Room-106, County Administration Building, 651 Pine Street, Martinez, CA 94553, C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Y. Against the County of Contra Costa ) or ) District) . Fill- in name _ The undersigned claimant hereby makes claim azaIinst the County of Contra Costa or the above-named District in the sum of $ Y� �� and in support of this claim represents as follows: ®wee-eNe-w-s-wraoee.�eer.-�.e.�ee e-ew-s.-eeNN---sys-e-- we---Ne--- 1. When did the damage_or injury occur? (Give exact date and hour) 1`6z_ r1- 11 ASM --N M-NOe-�---s-Oeeee-----O--ON-----NMN---------.P---O em-M-MO-----Me----0--e 2. Where did the damage or injury occur? (Include city and county) SAS �c�S r SAS-S—P 3. How did the damage or injury occur? (Give full details; use extra paper if required) A FABS pC�HC3t�0 �t �Ro�t-Fc c r o rs cZ�L YA DPrnn44r�-D C.LA(MA1J I S C'A i2 --ee--------- ------M--MNw-eN- ------------------------N----------N-- 4. What particular act or omission on the part •of county or district officers, servants or .employees caused the injury or damage? (over) Wnat are the names of county or district officers, servants or employees eausing the damage or injury? �2rf' q SlobN� N o o►-� . r+n cc,r G�e S Crr �N :��►c, V►c pe.� . 6 P 5. What damage or- injuries°:do you claim resulted? (Give full extent 'of injuries or damages claimed. Attach two estimates forauto e' ce-,.r- bom?ecCX ''CO-L s mss, 1..e 1^Q a------:- --------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or: damage.) _—----------- _ __ -----a------_.—----------—___e_____-_oa---—__- $. Names and addresses of witnesses, doctors and hospitals. --------------------------------—------_ -_ �.----- 9. 'List the expenditures you made on 'account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The claim,must be signed by the claimant SEND NOTICES TO: (Attorney) orb me er on on hip.behalf." Name and Address of Attorney �Clkima.ntlignature `6 ,49 Address 9,91 2 Sa 2 Telephone No. Telephone No. 746 S-V �W 7-6701 Z 7(0 N-0 T;- I C E , Section 72 of the Penal Code providesi "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 bothsuch* 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. . eta. ! y ,� 1 \ i `{. '1 � IE 7� ,�j ,K.rI, l a��7 1.r���"n.11,t 11. �1i 1lv.% 1 ".,:., 1, i: %r 1 t1. ° ,. S} t ��•,ty " , itis �.;,.,1 M .gqs�� � .1 �s a—t , ; . :! -* ", -, , ;�l I ,�� I -i. I . . I . . . - . .. . . , k �`.•l i r. err - • . ,l ��' 3�3r 3 I .9-2 . �c� � _ :; '�ally. , � . .. � 't,�.. I.� — 11 I 11. f� rl I I /.r_---i . :- :: � ,.., , ,: I,:-�I'- .:i.)f s ��< : -11�r — . I.— .. . . I � � ; - ,. . . .- ,:� :.: `l � .',',� ' -�.�- .. ,: �%�t":, .��,��-,,- - ,,�r-f- -,'.�� e 11 1. / .. . 7 , �'2 .3�� O,ll • � .. „ 1 9 J6 - _� ; . nn , - h•%' -' k � r k ,. -.. I. i. � bI f, . �� 6 `1`- .11 -. 5. :. �1. .. %z- 1 1, � k.t �/ 1 ,� �'.,�,.•� Win ,' r r ! 07.1111 :-' "" ., , y {", I 1 s i 1 i,' 'r ", y I 1 k J1%, s 1 , +., , .. y' f. . . . . t . . I - - r 'I . , ' ' f o c 1640 Grant Street °off Santa Clara, CA 95050 Specialty Painting g (408) 748-1367 ; , f Insurance Collision Work Estimate of repairs as listed for labor and materials-verbal agreements not binding. Year Make /9Model VIN C — .Zc;J'KUZi Date G / a a DESCRIPTION e;' fi PAINT LABOR PARTS n n - HRS. HRS. , t5 . 2 K i 1 tLqa tkiridN dp �Y =41ib k Pa 411 COLUMN TOTALS Name `�� becLABOR Hrs. PARTS ut to, invoice) PAINT TOTAL . BOR HFRAME " Hrs. @ CARGES City State Zip MECH. Hrs. @ SUB TOTAL SUBLET SALES TAX Home Phone: µ tm,. L- PAINT& MATERIALS Business Phone: TOTAL THE FINAL BILLING OF PARTS IS SUBJECT TO INVOICE PRICES. 2006 AK2NS COLLISION CENTER ---SERVING THE BAY AREA SINCE 1971!--- UNIBODY FRAME SPECIALISTS FEATURING_: THE AUTOROBOT FRAME ALIGNMENT AND UNIBODY MEASURING EOUIPI . 530 REED STREET SANTA CLARA CA 95050 (408) 98'1-9200 DAMAGE REPORT # 2006 by JOHN RUSSELL Date; 04-15-1992 Time 14:12 WX F, MARK Prod Date; Ins. Co. ; 1649 TIFFANY Remarks ; Adjuster; SAN JOSE CA 95125 License ;2WKV213 Afraise Home .267-2127 Ser # ; Work X756-5418 Rate Code; Insured ' 91 HONDA ACCORD In/Out Mie Policy #; Style ;4DR EX ;Pt. : Deductibl : $0.00 Claim # # DESCRIPTION EST PRICE ; LABOR ; PAINT ; --------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- 1 REFINISH REAR BUMPER ; ; 0.5 ; 2.0 2 3 FLEX ADDITIVE ; 3.50 4 PREP & COLOR-MATCH ; ; 0.5 ; --------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- DAMAGE REPORT SUMMARY Labor Descriptive Items PAINT EAB 2.0 U 49.0 98.00 PARTVA-Ccts .5U BODY LAB 1.0 @ 49.00 49.00 ; PAINT MATER 40.00 MECH LAB 0.0 @ 58.00 0.00 ; SUBLET . 0.00 UNIBDY LA 0.0 @ 49.00 0.00 TOW & STORE 0.00 0.0 @ 0.00 0.00 ; Ar W14CE CSG 0.00 0.0 @ 0.00 0.00 ; MISC 0.00 0.0 @ 0.00 0.00 ; OTHER PARTS 0.00 labor3.0 nrs. Labor 147.00 Subtotal 190.50 Tax Grand Total $194.09 AUTHORIZED AND ACCEPTED: You are hereby authorized to make the above specified repairs. I understand that payment in full will be due upon release of vehicle, including additional supplemental damage charges, and hereby grant you and/or your employees, permission to operate the car, truck or vehicle herein described on street, highways or elsewhere for the purpose of esting and/or inspection. An express mechanic's lien is hereby acknowledged on above car, truck or vehicle to secure the amount of repairs thereto. You will not be held responsible for loss or damage to vehicle or articles left in vehicle in case or fire theft, accident or anyy other cause beyond your control. AUTO REPAIR REG, NO. AM164357 B.P.A. # CAL000041004 DAMAGE REPORT authorized by date ******--"AKINS COLLISION CENTER"-**-(YOUR COLLISION REPAIR SPECIALISTS)--****** r Nr d a Y4 t0 x- s' N e � .- ".p� �` �-__.-. F-: � ��� �� 1 t ♦� �� �� � `; y i+ �. .� ��i '�\ �.uF l 1 � d ,fi CLAIM R"ke. IVEI� �y BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APR 3 0 1992 Claim o4gainst the County, or District governed by) BOARD AMM COUNSEL the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May 19 ,.", CALIF. and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1 ,000) 000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: WOODARD, Nettie for Ronald Halton ATTORNEY: Date received April 27, 1992 ADDRESS: 758 Colusa Avenue BY DELIVERY TO CLERK ON Berkeley, CA 94707 BY MAIL POSTMARKED: April 24, 1992 I. FROM: Clerk of the Board of Supervisors' TO: County Counsel Attached is a copy of the above-noted claim. PPH gg DATED: April 30.' 1992 BtII DeputyLOR, Clerk c I1 a4aa JA 4 F M: 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 iG 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. h Dated: MAY PHIL BATCHELOR, Clerk, 8 am, 01a 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: MAY 1 9 1992° BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: " BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed agai ,s; eakk; 1 pLivia.c ccZiti*uy. 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 Id' `o 72J&4-A Against the County of tra Costa �A APR 2 .7 1992 or ) CLERK BOARD OF SUPERVISORS t ;�cf� District) CONTRA COSTA Co Fill in name 1 U ) , The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ �. /Yl�~,�16 n ,6p/fA;,1�d in support of this claim represents asfollows: -- - ------------------ 1�. -------- -------_ -- 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did a damage or injury occur? (Include city and county) .�!`�LC6sd.1� ��s:L;.�1L��I. �C_ � ,7 �J 75 3• How did the dams a or-injury occur? (Give full details; use extra. paper ipll' required' fie �7 SOL ti ho- _G /�ZBi y� Cil 6 4. What particular act or omission on the part of county r district officers, _, servants � d J-uoy�2 e�Y he in u�ry0 o ds �,�? �-r�� i�rc & pfd 7L �� v�� / A (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? . 6. What damage or injuries do you claim resulted? (Give full emote" t of injuries or damages claimed. Attach two estimates for auto damage.00- Gz' 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) �vY 's�Q - ya�S',�� , �.vused rile iz ess 5ine C s�1�mss �is� 8. Names and addresses of witnesses, doctors and hospitals. " - 9. List the expenditures you made on. accQWt of this4ccident or injury:, DATE ITEM / r'�.v�� Lm d c"�a t d yrs �AMUN�®o a p/®o o�6o�iyL� / 44IZ/OCC w y &'C.-Zu1-i o e Y'PK�I-q GC Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Claimant's Signature Address f s Telephone No. Telephone No d C ! 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. • �, . .lam-)� �--�--� . --�--- . . FZ 70 711 = ? e 72T L- -� � � dye 11/0r�, kol 1 0-1L2d lZA fi��_ c LLL -71 A Q2w' Z-Z-4 / �9 SubacyW and sw,a n b before me this ctarPublic In and for V* p o9 Af<mda o?(� OFFICIAL SEAL ROBERT R. IBES NOTARY PUBLIC-CALIFORNIA ALAMEDA COUNTY !Ay Commisslon Expires January 28, 1994 .b� old { 4 i� 3 ` JJ �, 11 i t U f rte. t �t s. AMENDED ON CLAIM '.' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA C1yvm Agayinst1the County, or District.governed by) BOARD ACTION the`Boar6 of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May 19� , 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: In excess of $10,000.00 Section 913 and 915.4. Please note a11E CLAIMANT: BOWER, Sylvia Doris APR 2 ,? 1992 ATTORNEY: aProfessional Law Corporation Date received �M�IMNEZ CALIF.R A ADDRESS: 1899 Clayton Road, Suite 100 BY DELIVERY. TO CLERK ON April 21, 1992 Concord, CA 94520 BY MAIL POSTMARKED: April 20, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: April 22, 1992 JqIL DeputyLOR, Clerk CIAAM A"J 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: y 123 n 2 BY: 2iaa )- / 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 (VJ' 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.Al 1 Dated: 1 9 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: MAY 19 1992 BY: PHIL BATCHELOR byr1AAA Ot4,dMI Deputy Clerk CC: County Counsel County Administrator RECEIVED 1 APR 2 11992 ANIS A. GABBERT, BAR # 14086 URICE MOYAL, A PROFESSIONAL LAW CORPORATION CLERK BOA—RDT,77777.PERVISOR 1899 CLAYTON ROAD, SUITE 100 CONTRA 3 CONCORD, CA 94520 510 686-0200 ATTORNEY FOR CLAIMANT 5 SYLVIA DORIS BOWER 6 4 9 COUNTY OF CONTRA COSTA, BOARD OF SUPERVISORS 10 SYLVIA DORIS BOWER, CLAIM NO. 11 Plaintiff, AMENDED CLAIM FOR DAMAGES FOR PERSONAL INJURIES 12 [GOVT CODE SECTION 910 ET SEQ] V. 1� CONCORD POLICE DEPARTMENT, 14 DOES 1-10, 15 Defendant. 16 TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS: 17 MAURICE MOYAL, A PROFESSIONAL LAW CORPORATION hereby submits 18 a claim on behalf of SYLVIA DORIS BOWER, claimant, who resides at 19 1240 Northgate Road, Walnut Creek, CA 94598. 20 All future notices may be sent to MAURICE MOYAL, A 21 PROFESSIONAL. LAW CORPORATION, 1899 Clayton Road, Suite 100, 22 Concord, CA 94520. �3 On January 12, 1992 at approximately 8: 00 PM at 1110 Lacy 24 Lane, Concord, CA two Concord Police Officers appeared and demanded 25 entry. Said premises belonged to a third person so claimant 26 referred the officers to the owner/manager of the premises. The 27 28 1 MAURICE MOYAL A PROFESSIONAL LAW CORPORATION MOYAL BUILDING 1899 CLAYTON ROAD CONCORD, CA 94520 . 1 Ifficers inquired whether anyone besides claimant was present on 2 he premises. Claimant informed the officers that an employee 3 named David was present and called David to the door. David �i requested that the officers show a warrant, and the officers stated 5 they had no warrant and David stated he was not authorized to allow h entry. The officers then pushed claimant against the wall of the building and entered with guns drawn, causing serious personal 8 injuries to claimant. 9 On said date, claimant sought medical treatment at Kaiser 10 Permanente Medical Group, Inc. in Walnut Creek, CA, an 11 electrocardiogram and laboratory work was performed, and diagnosis 12 included bruises on both arms, cervical strain and back pain. 1� Claimant obtained further treatment at Kaiser by R. W. Smith, M.D. 14 for low back pain from strain. 15 On January 13 , 1992, claimant made a complaint to the Concord 16 Police Department and learned that an investigation was pending and 17 that the officers in question are Beven #323 and Roch #322 as per 18 Officer Costa. Claimant has not received an investigation report 19 to date. 20 Claimant believes that her damages will total a sum in excess 21 of $10, 000 and that jurisdiction may properly be had in Superior 22 Court. 23 24 Dated: April 20, 1992 25 ANIS A. GABBERT Attorney for Claimant 26 27 28 2 MAURICE MOYAL A PROFESSIONAL LAW CORPORATION MOYAL BUILDING 1899 CLAYTON ROAD CONCORD, CA 94520 ' 1 PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5 I declare that: 3 I am employed in the County of Contra Costa, California. ' I am over the age of eighteen years and not a party to the within 5 cause. My business address is 1899 Clayton Road, Suite 100, G Concord, California, 94520. On April 20, 1992 I served the within document(s) : 8 AMENDED CLAIM FOR DAMAGES FOR PERSONAL INJURIES 9 (Govt. Code Section 910 et seq. ] 10 on the interested party/parties in said cause, by placing a true 11 copy thereof enclosed in a sealed envelope with postage thereon I2 fully prepaid, in the United States mail at Concord, California 1i addressed as follows: 14 Board of Supervisors Clerk 15 Contra Costa County 651 Pine Street 16 Martinez, CA 94553 17 I declare under penalty of perjury that the foregoing is 18 true and correct and that this declaration was executed on 19 April 20, 1992, at Concord, California. 20 21 `taureen Parkhurst 22 23 24 25 26 2, 28 MAURICE MOYAL A PROFESSIONAL LAW CORPORATION MOYAL BUILDING 1899 CLAYTON ROAD CONCORD, CA 94520 i%a0 nnv�NCS 97+r�N In 0C�Z oa t7� O 9 N C:l p0 un y 1A O r� co�C n m \ CLAIM BOARD OF SUPERVISORS OF, CONTRA COSTA COUNTY, CALIFORNIA C�aisi,Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May IT, 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), giverob to Government Code Amount: In excess of $10,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BOWER, Sylvia Doris APR 2 2 1992 COUNTY COUNSEL ATTORNEY: Maurice Moyal MARTINEZ, CALIF. A Professional Law Corporation Date received ADDRESS: 1899 Clayton Road, Suite 100 BY DELIVERY TO CLERK ON April 20, 1992 Concord, CA 94520 BY MAIL POSTMARKED: Apri 1 18, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL BATCHELOR, Clerk DATED: Apri 1 22, 1992 : Deputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors � ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a .late claim (Section 911.3). ( ) Other: Dated: /2 3 L92 BY: �• Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). .IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 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: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVED • APR 2 01992 . 1 JANIS A. GABBERT, BAR. # 14086 VISORS CLERiCEiOARDOFSUPER MAURICE MOYAL, A PROFESSIONAL LAW CORPORATION CONTRA COSTA R 1899 CLAYTON ROAD, SUITE 100 O. CONCORD, CA 94520 510 686-0200 ATTORNEY FOR CLAIMANT 5 SYLVIA DORIS BOWER G 8 9 COUNTY OF CONTRA COSTA, BOARD OF SUPERVISORS 10 SYLVIA DORIS BOWER, CLAIM NO. 11 Plaintiff, CLAIM FOR DAMAGES FOR PERSONAL INJURIES 12 [GOVT CODE SECTION 910 ET SEQ] V. 1� CONCORD POLICE DEPARTMENT, i 14 DOES 1-10, 15 Defendant. 16 TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS: 17 MAURICE MOYAL, A PROFESSIONAL LAW CORPORATION hereby submits 18 a claim on behalf of SYLVIA DORIS BOWER, claimant, who resides at 19 1240 Northgate Road, Walnut Creek, CA 94598 . 20 All future nc}ices may be sent tc MAURICE r!Ov-AL, A 21 PROFESSIONAL LAW CORPORATION, 1899 Clayton Road, Suite 100, 22 Concord, CA 94520. 23 On January 12, 1992 at approximately 8: 00 PM at 1110 Lacy 24 Lane, Concord, CA two Concord Police Officers appeared and .demanded 25 entry. Said premises belonged to a third person so claimant and 26 her daughter referred the officers to the owner/manager of the 2% 78 1 MAURICE MOYAL A PROFESSIONAL LAW CORPORATION MOYAL BUILDING 1899 CLAYTON ROAD CONCORD, CA 94520 1 premises. When the owner/manager requested the officers show a warrant, the officers stated they had no warrant and thus entry was j denied. The officers then entered with guns drawn and pushed -4 claimant against the wall of the building, causing serious personal 5 injuries. G On said date-, claimant sought medical treatment at Kaiser Permanente Medical Group, Inc. in Walnut Creek, CA, an S electrocardiogram and laboratory work was performed, and diagnosis 9 included bruises on both isms, cera.ica1 strain and back pain. 10 Claimant obtained further treatment at Kaiser by R. W. Smith, M.D. 11 for low back pain from strain. 12 On January 13, 1992, claimant made a complaint to the Concord 13 Police Department and learned that an investigation was pending and i 14 that the officers in question are Beven #323 and Roch #322 as per 15 Officer Costa. Claimant has not received an investigation report 16 to date. 17 Claimant believes that her damages will total a sum in excess 18 of $10,000 and that jurisdiction may properly be had in Superior 19 Court. 20 21 Dated: April 16, 1992 22 GABBERT , 1"TtLorney for Claimant 23 24 25 26 2% 28 2 MAURICE MOYAL A PROFESSIONAL LAW CORPORATION MOYAL BUILDING 1899 CLAYTON ROAD CONCORD, CA 94520 . 1 PROOF OF SERVICE BY MAIL - CCP 1013a, 2015. 5 2 I declare that: 3 I am employed in the County of Contra Costa, California. j I am over the age of eighteen years and not a party to the within 5 cause. My business address is 1899 Clayton Road, Suite 100, C Concord, California, 94520. On April 16, 1992 I served the within document(s) : S CLAIM FOR DAMAGES FOR PERSONAL INJURIES 9 [Govt. Code Section 910 et seq. ] 10 on the interested party/parties in said cause, by placing a true 11 copy thereof enclosed in a sealed envelope with postage thereon 12 fully prepaid, in the United States mail at Concord, California 13 addressed as follows: 14 Board of Supervisors Clerk 15 Contra Costa County 651 Pine Street 16 Martinez, CA 94553 17 I declare under penalty of perjury that the foregoing is 18 true and correct and that this declaration was executed on 19 April 16, 1992, at Concord, California. 20 21 Laureen Parkhurst 22 23 24 25 26 27 28 MAURICE MOYAL A PROFESSIONAL LAW CORPORATION MOYAL BUILDING 1899 CLAYTON ROAD CONCORD, CA 94520 o oo" 00$\k 00�f�� t gg/fƒ , %o � «o .. 9 r c @® C') 0 "40 « 0 w O e �\ VC) \ APPLICATION TO FILE LATE CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT May 19, 1992 Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), -California Government Code.) ) given pursuant to Government Code Sections 911 .8 and 915.4. Please note the "WARNING" below. Claimant: LARSEN, Sharon as Executor of the Estate of MAX RANDALL WEITZNER aftECEWED as Personal Representative of the heirs of MAX RANDALL WEITZNER Attorney: Ronald L. Briggs, Esq. APR 1992 Address: Attorney at Law COUNTY 3466 Mt. Diablo Blvd. , Suite C-103 MARTINEZ�CALIF. LIF. Lafayette, CA 94549 Amount; By delivery to Clerk on April 20, 1992 $4709000.00 Date Received: April 20, 1992 By mail, postmarked on April 17, 1992 I. FROM: Clerk of the Board of Supervisors. TO: County Counsel Attached is a copy of the above noted Applica 'on to File L Claim. DATED: April 22, 1992 PHIL BATCHELOR, Clerk, By Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). The Board should deny this Application to File Late tion 1 .61. DATED: q123 Ll VICTOR WESTMAN, County Counsel, By a ty III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911 .6). ( v1' This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATE: MAY 10 1992 PHIL BATCHELOR, Clerk, By qAAA,0i jju Deputy WARNING (Gov. Code §911.8) If you wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within six (6) months from the date your application for leave to present a late claim was denied. You may seek the advise of any attorney of your choice in connection with this matter. IP you want to consult an attorney, u should do so immediatel . IV. FROM: Clerk of the Board TO: 1 County Counsel 2 County Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board''s copy of this Claim in accordance with Section 29703. DATED MAY 1 9 X992 -PHIL BATCHELOR, Clerk, By 6 Deputy V. FROM: 1 County Counsel 2 County Administrator TO: Clerk of the Board of Supervisors Received copies of this.Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM IG CNED APE- ... 1 RONALD L. BRIGGS, Esq. State Bar No.: 083336 2 Attorney at Law CLERK BOARD F RVISORS Y CONTRA COSTA CO. 3466 Mt. Diablo Blvd., Suite C-103 3 Lafayette, California 94549 Telephone: (510) 283 5551 4 5 Attorney for Claimant, SHARON LARSEN, et al. 6 7 8 IN THE MATTER OF THE APPLICATION FOR 9 PERMISSION TO FILE LATE CLAIM 10 SHARON LARSEN, as Executor of the Estate of MAX RANDALL WEITZNER 11 and as Personal Representative of the heirs of MAX RANDALL WEITZNER, 12 Claimant, 13 VS. 14 THE COUNTY OF CONTRA COSTA, 15 A Public Entity, 16 17 18 1. SHARON LARSEN hereby applies to the Board of Supervisors, Contra Costa 19 County, for leave to present a claim against said Contra Costa County, pursuant to Section 20 911.24 of the California Government Code. 21 2. The cause of action of SHARON LARSEN, as set forth in her proposed claim 22 attached hereto, accrued on April 20, 1991, a period within one year from the filing of this 23 application. 24 3. SHARON LARSEN's reason for the delay in presenting this claim against 25 Contra Costa County is as follows: 26 A. The occurence of probable malpractice in the treatment of MAX 27 RANDALL WEITZNER has only recently come to the attention of claimant and 28 therefore was a surprise to her and the claimant believes that the failure to file the 1 claim within the time has not prejudiced the County. 2 B. The person who sustained this injury died before the expiration of the 3 time specified in Government Code Section 911.24 for the presentation of the claim. 4 Dated: April , 1992 5 T_ 6 RONALD L. BRIGGS, 7 Attorney for Claimant, SHARON LARSEN, et al. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RONALD L. BRIGGS Attorney at Law 3466 Mt, Diablo Boulevard, Suite C-103 Lafayette, California 94549 (510) 283-5551 Clerk, Board of Supervisors April 16, 1992 Contra Costa County 651 Pine Street, Room 106 Martinez, California 94553 NOTICE OF CLAIM Sharon Larsen, as the executor of the estate of Max Randall Weitzner and as the personal representative of the heirs of Max Randall Weitzner hereby presents this claim to the Board of Supervisors, County of Contra pursuant to Government Code Section 910. 1. The name and post office address of Sharon Larsen is 6135 Preakness Drive, Walnut Creek, California 94596. 2. The post office address to which Sharon Larsen desires notice of this claim to be sent is as follows: c/o Mr. Ronald L. Briggs Attorney at Law 3466 Mt. Diablo Blvd., Suite C-103 Lafayette, California 94549 3. Max Randall Weitzner was injured as a result of medical negligence while a patient at Merrithew Memorial Hospital, beginning approximately March 10, 1991 and continuing through April 20, 1991. 4. Max Randall Weitzner died as a result of these injuries on April 20, 1991. 5. These injuries were caused by the negligence of the agents and employees of Merrithew Memorial Hospital, including but not limited to Laszlo B. Tamas, M.D. 6. These injuries resulted in medical bills in excess of$215,000.00, plus burial and other funeral expenses totalling approximately an additional $5,000.00, plus wrongful death damages to which the heirs are entitled in a sum of an additional $250,000.00. Very truly yours, RONALD L. BRIGGS RLB:oevc cc: Ms. Sharon Larsen W D ol of Q 01 m o o 6911 . Q QQ � G� CD CD n J O Cl) A f � N r R r: o �' ►moi 7 UALO kt S to C d� u f� 44 a.