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HomeMy WebLinkAboutMINUTES - 07141992 - 1.36 /, 3( CLAIM J BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 14 , 1992 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER—INSURANCE BUREAU GREENGRASS , Roy M. or Hardy June ATTORNEY: Rebecca L Baleisis Claim Representative Date received ADDRESS: 145 Trevino Avenue BY DELIVERY TO CLERK ON June 1 7, 1 c39?. Manteca, CA 95336 BY MAIL POSTMARKED: From Ri sk Ma.naoopment I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. gqIL BATCHELOR, Clerk DATED: Tung 19 �19Q2 eputy rim 44&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: G _2 1 Z- BY: �..��. ) Deputy County Counsel : U \r-) 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: J U L 14 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. FOR ADDITIONAL WARNING SEE REVERSE SIDE OF THIS NOTICE 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: JUL j �gg� BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ADDITIONAL WARNING This warning does not apply to claim:; which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM California State Automobile Association TO: Attn: Rebecca L. Baleisis 145 Trevino Avenue Manteca, CA 95336 Re: Claim of Greengrass , Roy or Hardy, June Claim # 09-P19056-7 Please Take Notice As Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910. 2, or is otherwise insufficient for the reasons checked below: i . The claim fails to state the name and post office address of the claimant. 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. XX 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. XX 4 . . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. Xx5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10, 000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WEST County Counsel By: I Deputy Cc, nty Counsel CERTIFICATE OF SERVICE BY MAIL C.C.P. 55 1012,1013a, 2015.5; Evid. C. S5 641 , 6641 My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: June 23, 1992 P� at Martinez, lifornia. cc: Clerk of the Board of Supervisors (or' (nal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAM: GOV.C.S§ 910, 910. 2, 920 .41 910 . 8) ' ' , California State Automobile Association <*<- *>-1nter-1nsuran e eau H. -r,%- .4 JUN , 6 199a CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. I CONTRA RIGK MANAGEMENT I N S D : 8REENGRASS,ROY,M;OR HARDY JUNE 651 PINCE 61H FLOOR CLM-NO: 09-P19056-7 MARTINEZ CA 94553 DOL : O5-14-92 DEAR CONTRA RISKMANAGEMENT: THIS IS NOTICE OF OUR SUBROGATION INTEREST ARISING FROM THIS LOSS. WE HAV| ARRANGED SETTLEMENT WITH OUR INSURED. PLEASE MAKE YOUR PAYMENT DIRECTL.YT| THE CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU (CSAA-IIB) . WE WILL FORWARD COPIES OF THE REPAIR BILLS WHEN THEY ARE RECEIVED. YOUR INSURED: FIRE DEPARTMENT OTHER: ATTN: JUILE AUMOCK SINCERELY, - R CLAIM REPRESENTATIVE t cn « c \ a C-4 % & C:::) 4 � f ��. . ovo 3 . � � \ \ . \ \ f ` _ \ k +\e f \ � ! �\ « � 0 :. ,� _ . ' CLAIM Z BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County. or District governed by) BOARD ACTION the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT July 14 , 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: $721 . 96 Section 913 and 915.4. Please note all "Warnings". CLAIMANTPOW JONES AND COMPANY, INC . ATTORNEY: John E. Maiorana Corporate Risk Manager Date received ADDRESS: Dow Jones & Co . Inc. BY DELIVERY TO CLERK ON .Tina 1 5 , 1 clAg. P .O. Box 300 Princeton, NJ 08543-0300 BY MAIL POSTMARKED: June 11 , 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppHH gg L6 DATED: June 19 , 1992 BY11 DeputyLOR, Clerk 11. FROM: County Counsel 70: 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 Z BY: / Deputy County Counsel 111, 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: J U L 14 1992 PHIL BATCHELOR. Clerk, By Deputy Clerk ell WARNING (Gov. code se io 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. EDB ADDTTIONAT, WARNING SEE REVERSE SIDE OF THIS NOTICE 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: J U L 17 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ADDITIONAL WARNING This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive -any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not ,subject to the California Tort Claims Act. DOW JONES & COMPANY, INC. U.S. HIGHWAY NO.1,SOUTH BRUNSWICK,N.J. REPLY TO P.O.BOX 300 PRINCETON,N.J.08543-0300 June 10, 195 RECEIVE Clerk of the Board of Supervisors JUN 1 51992 Room 106, County Administration Bldg. 651 Pine Street CLERK BOARD OF SUPERVISORS Martinez, CA 94553 CONTRA COSTA CO. Dear Clerk: Enclosed is the completed and signed claim for reimbursement as a result of an incident on 4/17/92. All the pertinent information is also enclosed. If further information is needed please call me at (609) 520- 5115. Thank you. Sincerely, Nancy E Ross Insura ce Department Enclosure C14 c: to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of. action. Claims relating to causes of action for -death or for injury to person or to personal property or growing-crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later,than one year after the accrual of the cause of action. - (Govt. Code §911.2) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code Sec. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp Dow Jones & Company, Inc. ) ) Against the County of Contra Costa ) or ) District) Fill in name ) The undersigned-claimant, hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 721.96 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 4/17/92 at 7:15 a.m. 2. Where did the damage or injury occur? (Include city and county) Westbound on Richmond/San Rafael bridge, Richmond, California, Contra Costa County ----------------- 3. How did the damage or injury occur? (Give full details; use extra paper if required) See Exhibit I ------------------=---------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? See Exhibit I (over) 7. wnat are the rkmtes of county or district officers, servants or employees causing ` the damage or injury? Deputy Elmer Glasser, Contra Costa County Sheriffs Dept. ------------------------------------------ ------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. See Exhibit II Jim's Califorina Auto Body Inc. for $721.96 G&C Auto Body for $964.97 ---------------------------------------------------------------------------------- 7. How was the amount claimed above computed? (Include the estimated amount„ of any prospective injury or damage.) See Exhibit II -e.---------------------------------------------e-e-.-w----e----e--eee..r--..e-e r--.�--- $. Names and addresses of witnesses, doctors and hospitals. --------------------------- --------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Service will be provided at Jim's Calif. Auto Body, Inc. for $721.96.- W: Gov. Code Sec. 910.2 provides: "The claim must be ;signed by the claimant SEND NOTICES TO: (Attorney) o some pqrRQn.,prihis behalf.” Name and Address of Attorney lai t°s Signature John Maiorana, Corporate Risk Manager Dow Jones & Co. Inc. Address) P.O. Box 300 Princeton, NJ 08543-0 00 Telephone No. Telephone No. 609-520-5147 NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. r EXHIBIT 1 LTACi 0►CAUFONIIA TRAFFIC RCOLLISION REPORT FAD[ i Or cv I SPECIAL CONDITION{i' NUMBER MITtRUN CITY JU ICIALIKSTRICT LOCAL REPORTNWB[R 1 INJURED FELONY ON DUTY 0 ❑ RICHMOND BAY MUNI ! EMERGENCY NW[EII HITARUN COUNTY REPORTING OSTwKr i KILLED MI VEHICLE 0 [ CONTRA COSTA 115 OLLMON OCCURRED ON MO. DAY YEAR i(1100) HOC/ OFFICER L 06 1 z 1-580 (W/B) 4: 17: 92 0715 9350 11511 f MIL[POSTNFORMATION OAYOFW99K TOW AWAY FMOTOGRAFHsmy: u 360 rE I W,, CC 580 6 . 13 S M T W TQS ❑YES ®No ! 0 ❑ATORsAsECTONw1T11 STATE HWY REL ©ON: 360 FELTIIrSS WOr RICHMOND BRIDGE TOLL PLAZA ©YES ❑No fPARTY ORIvin'1UcENsENWSEA STATE CLASS SAFETY VEIL TSAR MA"16100916ICOLOR sNSINUMBER STATE 1 C4798488 ICA C EAG 91 FORD/VAN/WHT E342094 CA DRIVER NAME(FIRST.wODLfGNT;DUTY EMERG. VEH. . • . • • . . • • • . • • . . . . . . . • • • ' ' ' . . . © ELMER AYRERS GLASSER III PEDES. STREET ADDRESS OMNtlm NAME ❑SAME A-DRIVER 1 TMAN ❑ 651 PINE ST. CONTRA COSTA COUNTY ( PARKED CITY I STATE OF OWNIRS ADDREss El AS DISVEA Y4NCLE !_ ❑ MARTINEZ, CA. ', 94553 1801 SHELL AVE MARTINEZ, CA •DICY. six I MAIR I EYE$ 1;.VoKr wwoff SIIYTHDATf RACE 00"NTIONO/VEHICLEONOR09"OR ❑OFFICER ®OIVvEA ❑OTHER COST Y0. DAV • Y[AAM BRN BLU 10 1 7ONE[fFN4; 10 67 DRIVEN AWAY i OTMEA HOME FIIONf PRIOR MECMANCAL DEFECTS: NONE APPARENT© RErfATO KAARATVI I I ❑ ` ) NONE (510 646-4664 CH►USEONLY D[scwf Nf VENCLf WMAOE SNAD[IN DAMAGED AAu III INSURANCE CARRIER POLICY NUYtEA VtNttl TYPE � ❑UNIL ❑NONE ❑X YNOR SELF INSURED 48 : ❑Moo. ❑MAJOR ❑-TAL OIR.O/ IONSTA99TORPI;MWAY info PCce❑TRAVELI-5 8 '5"5T 216 5 8(A)v CmPC3 PARTY ORIVBR's LICENSE NVNIER I7AnCLA" SAFETY VEK YEAR MARE/MODEL/COLOR ENtt NUMBER .TATs 2 C2774453 C EGF 88 CHEV/CAPR SW/WHT 2JKM539 CA 1-7 NAME(FIMT.MIDDLE,LAST) ® CHARLES JOHN VINCENT 1 PEDES• STRUT ADDREss OWNEIM NAME BAMS AS DI[vER rmAN _ ❑ 136 CYNTHIA DR. DOW JONES CO INC PAR�KKEDcLe CITYISTATEIDP OWNER, IS ADDRESS El SAME AS OVEA 90071 ❑ PLEASANT HILL, CA. , 94523 333 S HOPE ST 3350 LOS ANGELES, CA ( -ICY. f[X NINA Era HOOIIT WUOM sIRTMOATi RACE DISPONTION OF VEHICLE ON ORDERS OF: OFFICER ©DIIIVER ❑OTNEA CLIST 110. . DAr . YEAR ❑ M BRN BRN 5-9 170 91 22 162 _ 1 DRIVEN AWAY aT.sR HOME PHONESUMNass PHONE PRIOR MECHANICAL DIRCTI: NoNf AFFAR.Ew® RIrtR To NARRATvE❑ ❑ ( 510) 687-9872 1415 ) 433-2770 CNF Vol ONLY 09SCRIBI vtHICLE WMAOS SHADI N DAMAGED AREA '- ❑ ❑ INSVIIANCSCMR/lA POLICY NUMBER VEHICLE TTPIB[R ' Ix11L KIOP< rR,/0A LUMBERMENS MUTUAL CAS . 3ZL94568500 01 ❑MOO. [:]MAJOR TOTAL ' I Off.Or ON STREET OR NGHWAY -FEED ICF fCC 0 TRAYW I-580 LI55 — �m:o i PARTY OR-VER-SUCENUNWBEA STATi CLASS .AFM VES.YEAR MAKE I MODEL I COLOR KA39 NWBEA RATE 3 fOUIP. i DRIVER NAME(RRST.YOOLf.LAST) �. ❑ ! IEDM ITAEETADORas OWNIA s NAM/ ❑SAYS As*//VER TRIAN I ❑ PARKED CMIIYAT6/L► OWNS"ADDRESS nSAME AS DRIVER VEI-CLI �J 4CY• ux NASA fYEt KWNT WOOM Y0. N D,�ATt YEAR RACE DISPOSITION 0►VLMKC LE ON ORDERS 0►: ❑OFFICER ❑ORIYUI ❑O1Nil1 CLIST 1 ❑ . i. OTIER NOMI/NONE KOINiss/NONE PRIOR MECMAMCAL DEFECTS: NONE A"AI1ENT❑ RIFfA TO NMKATVI❑ I ❑ t ) ( ) CHP wE ONLY DESGSSt VIHICLf DAMAGE SNADEN DAMAGEDAREA VEHICLITY►E M INfuRANCf CR1[A POLICY NWstA Owe, ❑-ow OMNIA 1 9 ❑Moa ❑MAJOR ❑TOTAL ' DIR,OF ON"REST OA HIDMWAv SPSIO /CP Keep , TRAVEL LIMIT Fuc 0 .. jI I I CHPQ 'a:7ARER2 NAM DISPATCH NOTIFIED REVIEWER'■NAM. DATE OIIVICW90 J. SMITH MYEspNO C3 NIA L I CHP 8-SS PAGE I (Rev TAS) OPI OEi B®4my I Q� 4 r iYATE OP CALIFORMA, TRIAFFK;COLLISION CODING .ADE 2 �:AlE OF COLLISION nME(=ADD) Nue N411SER OI/10ER 1.0 NlA1S[A 1",. 4 OAT 17 YEAR 92 0715 9350 11511 OWNER'S NAME I ADDRESS NOTIREO j PROPERTY YES [DNO DAMAGE o[se/11rnON OF DAMAGE SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEHICLE ( Y/C BICYCLE.HELMET OCCUPAMM L•AIR BAG DEPLOYED 0-NOT EJECTED A-NONE IN VEHICLE M.AIR BAG NOT DEPLOYED DRIVER 1•FULLY EJECTED i•r�� B•UNKNOWN N•OTHER V-NO 2•PARTIALLY EJECTED C-LAP BELT USED P-NOT REQUIRED W-YES 3-UNKNOWN If 1•DRIVER 0-LAP BELT NOT USED 1 2 3 2 TO 6-PASSENGERS E•SHOULDER HARNESS USED PASSENGER i 14•S r' 7.STATION WAGON REAR F•SHOULDER HARNESS NOT USED CHILD RESTRAW X,No a.REAR OCC.TRK OR VAN G•LAP I SHOULDER HARNESS USED 0•IN VEHICLE USED Y•YES P•POSITION UNKNOWN H•LAP/SHOULDER HARNESS NOT USED R•IN VEHICLE NOT USED 7 0.OTHER J•PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN K•PASSIVE RESTRAINT NOT USED T•IN VEHICLE IMPROPER USE i U.NONE IN VEHICLE I ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK(•)SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES Z 3 TYPE OF VEHICLE Z 3 MOVEMENT PRECEDING LIST NUMBER (�) OF PARTY AT FAULT COLLISION I AVC SECTION VIOLATED: a yAll ACONTROLS FUNCTIONING APASSENGER CAR I STATION WAGON ASTOPPED i I 21658(A)VC NO B CONTROLS NOT FUNCTIONING• B PASSENGER CAR W/TRAILER 1XI B PROCEEDING STRAIGHT r B OTHER IMPROPER DRIVING C CONTROLS OBSCURED C MOTORCYCLE/SCOOTERGRAN OFF ROAD NO CONTROLS PRESENT/J!MMW- IDPICKUPOR PANEL TRUCK D MAKING RIGHT TURN C OTHER THAN DRIVER• TYPE OF COLLISION E PICKUP/PANEL TRUCK W/TRAILER E MAKING LEFT TURN D UNKNOWN• IAHEAO-ON F TRUCK OR TRUCK TRACTOR F MAKING U TURN > E FELLASLEEP X B SIDESWIPE GTRUCK/TRUCK TRACTOR WI TRLR. IGBACKJNG REAR ENO H SCHOOL BUS I JH SLOWING/STOPPING WEATHER 1 MARK I TO 21TEMS I D BROADSIDE I OTHER BUS I PASSING OTHER VEHICLE X ACLEAR E HIT OBJECT j EMERGENCY VEHICLE J CHANGING LANES B CLOUDY F OVERTURNED K HIGHWAY CONST.EQUIPMENT K PARKING MANEUVER C RAINING G VENICLE/PEDESTRIAN L BICYCLE L ENTERING TRAFFIC D SNOWING OTHER': MOTHER VEHICLE MOTHER UNSAFE TURNING E FOG/VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN N XING INTO OPPOSING LANE. F OTHER•: ANON•COLJJSION 0MOPED OPARKEU JGWIND PEDESTRIAN I P MERGING I UGHnNG C OTHER MOTOR VEHICLE I I TRAVELING WRONG WAY i` A DAYLIGHT D MOTOR VEHICLE ON OTHER ROADWAY ' Z 3 OTHER ASSOGATED FACTORS) OTHER i B DUSK.DAWN E PARKED MOTOR VEHICLE (MARK 1 TO 21TEMS) Fj CDARK-STREETLIGHTS FTRAIN Avc[EDnONvIOLATGHI �Ep pvEs D DARK•NO STREET LIGHTS BICYCLE C)NO EDARK.STREET LIGHTS NOT ANIMAL: Bvc$ACTIONVIOLATION: Cn[D FUNCTIONING• H ❑Ta ROADWAY SURFACE ONO SOBRIETY-DRUG FIXED OBJECT: Cvc s[ oN vIOLAn : pTEp 1 2 3 PHYSICAL A DRY I Ons (MARK 1 TO 21TEMS) j B WET J OTHER OBJECT: ONO j C SNOWY•ICY D HBO NOT BEEN DRINKING D SLIPPERY(MUDDY,OILY,ETC.) E VISION OBSCUREMENT: B HBO•UNDER INFLUENCE HBO•NOT UNDER INFLUENCE' F INATTENTION•: MBD•IMPAIRMENT UNKNOWN ? ROADWAY CONDITIONS) G STOP i GO TRAFFIC (MARK 1 TO 21TEMS) PEDESTRIAN'S INVOLVED E UNDER DRUG INFLUENCE 1 AHO PEDESTRIAN INVOLVED H ENTERING/LEAVING RAMP F IMPAIRMENT-PHYSICAL ~ A HOLES.DEEP RUT• I PREVIOUS COWSION IMPAIRMENT NOT KNOWN CROSSING IN CROSSWALK UNFAMILIAR WITH ROAD 1 B LOOSE MATERIAL ON ROADWAY• BAT INTERSECTION K DEFECTIVE VEK EQUIP.: �p NOT APPLICABLE `~ C OBSTRUCTION ON ROADWAY• CROSSING IN CROSSWALK•NOT DES I SLEEPY/FATIGUED i D CONSTRUCTION•REPAIR ZONE ATINTERSECTION ONO SPECIAL INFORMATION ! E REDUCED ROADWAY WIDTH ID CROSSING-NOT IN CROSSWALK I L UNINVOLVED VEHICLE I I 1ANAZARDOUS MATERIAL FLOODED IE IN ROAD-INCLUDES SHOULDER OTHER*: G OTHER': IF NOT INROAD NONE APPARENT H NO UNUSUAL CONDITIONS APPROACHING/LEAVING SCHOOL BUS 10 RUNAWAY VEHICLE SKETCH MISCELLANEOUS � 1-580 (W/B) I 1 END. I I V 43 i i 1,?"ISDB:;93( RwI-P,3)OPl4i3 .. ....V.;•...? . STATE OF CALIFORNIA INJURED3 WITNESSES / PASSENGERS PAGE DATE OF COLLISION T`� TIME(O) CIC NUMBER OFRCERII.. I NUMBER `/_ Y 1 ' -715 13'50 EXTENT OF INJURY ( "X" ONE INJURED WAS ( "X" ONE ) PARTY SEAT SAFETY- PASSENGER AGE SEX EJECTED OMIT ONLY NUMBER POS. EOW►. FATAL SEVERE OTHER VISIBLE COMPLAINTINJURY INJURY INJURY OF PAIN DRIVER PASS. PEO. BICYCLIST OTHER ❑� ® za M ❑ ❑ 1 ❑ ❑ � ❑ ❑ ❑ ❑ IC i 5 a i a NAME 10.0.0.1 ADDRESS TELEPHONE 'To "m AIn-ViNE cn_zti.IE nv 7&A.— (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES VICTIM OF VIOLENT CRIME NOTIFIED ❑� t ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME I D.O.B.I ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES ❑ VICTIM OF VIOLENT CRIME NOTIFIED NAME I D.O.B.I ADDRE5S TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES 1 VICTIM OF VIOLENT CRIME NOTIF190 170 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME/D.O.B.I ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: r01116CRIBE INJURIES I VICTIM OF VIOLENT CRI4E NOTIFIED 13s ❑ 01 ❑ 1 ❑ 1 ❑ 1 ❑ 10 1131 o 10 NAM[:0.0.8.r ADDRESS TELEPHONE {INJUROD ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES ' VICTIM Of VIOLENT CRIME NOTIFIED ❑� ❑ ❑ ❑ ❑ ❑ ❑ 10 10 1 ❑ 1 ❑ NAME I O.O.L I ADDRESS TELEPHONE ONJUREO ONLY)TRANSPORTED BY: TAKEN TO: o•scwBE BrJURIa 1 , VICTIM OP VIOLENT CRIME N07IR90 I.RSPARER S NAME I.D.NUMBERMO. DAY YEAR REVIEW[RINAME Ma DAY VEA. i S SMITP 115/1 4 /7 GHP 555-Page J(Rev. 7.87)UPI 442 BT 43637 ... 3 ' sTw rc ,ur cwu�oNNlw FAQTUAL DIAGRAM . •wac 4 OAT6 OF COLLISIONrIM! (N001 NCIC NVIA ticM o�..c[M 60. NyNYCw • Mo. 4ow. 1� .a. 9Z I C.;;15 a.��:? I i;•�ii ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE OU VEST; it INOIC ATf I RICHNICAD I 1 NORTH ! BRIDGE � I W 000/MC7a- GII&ROF WLS r ' I MAX IMWI ! I ,LIMIT 55rr�,T.� r •.i i I I - Id' I 1 I r I � pSP►1pL.T SIa0UlD2� 1 VM7C �ALINE I , I + GROVEN MINTED YO TC LINF5 W/ D01 Db-5 I i I2 V 1 I SOLID PAINTED YF_LLCW iN' I " 1 I"2 1 "3 VC,4ILLLCA MCVM PR10V, TO CLAP VZ VI&L OYwMN YT 1.0.NV M�tA MO. OAT TA, Iwfylf MY w'f NwMC I MO. OAT TA. • J"SMITH I 11511 14 17 r? CMP 555—Page 4 (Rev 11.85)OPI 042 �� 4-17-92 0715 9350 11511 FACTS: NOTIFICATION: I RECEIVED A CALL OF AN ACCIDENT, PROPERTY DAMAGE ONLY, AT 0727 HOURS . I RESPONDED FROM US-101 AT CAL PARK HILL, AND ARRIVED AT THE SCENE AT 0734 HOURS . ALL SPEEDS AND MEASUREMENT ARE APPROXIMATIONS, AND MEASUREMENTS WERE TAKEN BY ROLL METER. SCENE: I-580 (RICHMOND BRIDGE APPROACH) AT THIS LOCATION IS AN EAST-WEST, STRAIGHT, FLAT, DIVIDED ROADWAY OF 3 ASPHALT LANES . THE #3 LANE MERGES INTO THE #2 LANE FORMING 2 LANES AS THE ROADWAY ENTERS THE BRIDGE STRUCTURE ITSELF. THE #1 LANE IS 28 FEET WIDE, #2 LANE IS 12 FEET WIDE, AND THE #3 LANE NARROWS FROM 15 FEET DOWN TO 12 FEET AND THEN MERGES INTO THE #2 LANE. THE ROADWAY IS BORDERED ON THE NORTH SIDE BY A ASPHALT SHOULDER AND DIRT SHOULDER WITH BUSHES, AND ON THE SOUTH SIDE BY AN ASPHALT PARKING AREA. THE ROADWAY WAS CLEAN, .DRY, IN GOOD REPAIR, AND IS POSTED FOR A MAXIMUM 55 MPH. TRAFFIC CONTROLS: NONE. PARTIES: D-1 (GLASSER) WAS IDENTIFIED BY HIS CALIFORNIA DRIVERS LICENSE, AND WAS DETERMINED DRIVER OF V-1 BY HIS STATEMENT, AND THAT OF D-2 . V-1 WAS LOCATED ON ITS WHEELS, FACING IN A WESTERLY DIRECTION ON THE RIGHT SHOULDER APPROX. HALF MILE WEST OF THE TOLL PLAZA. V-1 SUSTAINED DAMAGE TO ITS REAR BUMPER. NO MECHANICAL DEFECTS WERE REPORTED OR OBSERVED. D-1 WAS LOCATED STANDING NEXT TO V-1 UPON MY ARRIVAL. D-2 (VINCENT) WAS IDENTIFIED BY HIS CALIFORNIA DRIVERS LICENSE, AND WAS DETERMINED DRIVER OF V-2 BY HIS STATEMENT, AND THAT OF D-1 .V-2 WAS LOCATED ON ITS WHEELS, FACING IN A WESTERLY DIRECTION ON THE RIGHT SHOULDER BEHIND V-1 . V-2 SUSTAINED DAMAGE TO ITS RIGHT FRONT FENDER. NO MECHANICAL DEFECTS WERE REPORTED OR OBSERVED. D-2 WAS LOCATED STANDING NEXT TO V-1 UPON MY ARRIVAL. PHYSICAL EVIDENCE: NONE. J. SMITH 11511 4-17-92 Page - 5 4-17-92 0715 9350 11511 STATEMENTS: D-1 (GLASSER) STATED IN ESSENCE HE WAS WEST BOUND ON THE RICHMOND BRIDGE, WEST OF THE TOLL PLAZA IN THE #2 LANE AT 35-45 MPH. HE FURTHER RELATED HE LOOKED IN HIS LEFT SIDE MIRROR, BUT. DID NOT SEE ANYTHING, SO HE ACCELERATED AND CHANGED LANES INTO THE #1 LANE, LOOKED IN THE MIRROR AGAIN AND SAW V-2 . GLASSER ALSO STATED V-2 THEN HIT HIS VEHICLE. D-2 (VINCENT) STATED IN ESSENCE HE WAS WEST BOUND ON THE RICHMOND BRIDGE, IN THE #1 LANE TO THE LEFT REAR OF V-1 AT 45-50 MPH. HE FURTHER RELATED V-1 ' S LEFT SIGNAL CAME ON, THEN V-1 CAME OVER INTO HIS LANE, SO HE SLAMMED ON HIS BRAKES TO TRY TO GET AWAY FROM V-1 , BUT THE LEFT REAR OF V-1 STRUCK THE RIGHT FRONT OF HIS VEHICLE. OPINIONS AND CONCLUSIONS: SUMMARY: V-1 WAS WEST BOUND ON I-580, THE APPROACH TO THE RICHMOND BRIDGE.. STRUCTURE, WEST OF THE TOLL PLAZA IN THE #2 LANE AT 40 MPH. V-2 WAS WEST BOUND ON I-580 IN THE #1 LANE, TO THE LEFT REAR OF V-1 AT 50 MPH. AS D-1 PREPARED TO CHANGE LANES INTO THE #1 LANE,- HE DID NOT SEE V-2 TO HIS LEFT REAR. D-1 BEGAN HIS LANE CHANGE, CAUSING D-2 TO TAKE EMERGENCY EVASIVE ACTION OF APPLYING HIS BRAKES AND SLOWING, BUT HE COULD NOT STOP IN TIME, AND' V-1 'S REAR BUMPER CAUGHT V-2 ' S RIGHT FRONT FENDER. POINT OF IMPACT (POI ) : V-1 VS V-2 WAS 360 FEET WEST OF THE WEST EDGE OF THE RICHMOND-SAN RAFAEL BRIDGE TOLL PLAZA, AND 13 FEET NORTH OF THE SOUTH ROADWAY EDGE PROLONGATION OF WEST BOUND I-580 . POI DETERMINED BY STATEMENTS OF DRIVERS, DAMAGE TO VEHICLES, AND OBSERVATIONS AT THE SCENE. CAUSE: D-1 (GLASSER) CAUSED THIS COLLISION BY DRIVING V-1 IN VIOLATION OF SECTION 21658(A)VC-UNSAFE LANE CHANGE. RECOMMENDATIONS: NONE. J. SMITH 11511 4-17-92 Page - 6 060 i Statement of Happenings on Friday April 17, 1992 After paying the toll at the toll plaza of Richmond/San Rafael bridge, (westbound) . I proceeded to begin towards the 2 lanes of the bridge getting in the left lane. My speed was up to about 40-45 mph as I reached the point where the 580 Fwy narrows to 2 lanes, and I did not need to make any lane changes as I was in the left lane. I began to pass a Sheriffs Van on my right, and as I passed I noticed he turned on his left turn signal and proceeded to come over,; rapidly into the left lane, which was the lane I was currently in. I slammed on the brakes and turned toward the bridge railing, trying to avoid smashing the left front of my company vehicle into the bridge railing. Well, the Sheriff Van hooked my front right quarter panel with his left rear bumper. At first I thought he didn't feel the bump, as he continued on the bridge for what seemed to be 1/2 mile before seeing_ I was following him, and then he pulled over. He got out of his van and proceeded to tell me that, "I hit him. . . . . . " , well, not wanting to discuss fault at the accident scene I suggested that we exchange information, He was hesitant to give me any information as he said, "Held call a unit out to investigate" . We did exchange some information, but he declined to give me his Drivers License. The Deputy Sheriffs name was Elmer Glasser, he was on his way to San Quentin Federal Prison with a prisoner when we hooked vehicles at approx 7 : 15 AM. The Officers that responded were the Deputy's Sergant, Sgt Russ Sutter/Contra Costa Sheriffs Dept, and Officer DG Dunlap, a nice colored fellow with a camera,and an Officer who's name I didn't get, but his badge # was 11511. The un-named officer took my statement after taking Deputy Elmers. For further information don't hesitate to call. Please see reverse side ! for more information Char es John Vincent W k# 415-433-2770 Dow Jones Service 201 California St #950 San Francisco, CA 94111 FA I RINN0ND -. 'AN r RFAEL J' BRIDGE LRE .a 5 COLLISION REPORT INFORMATION Department of California Highway Patrol ��• :=i T�IL:`i'�'r i PAT0� ACC 1 DeNT 2�-iioo� Is NCIC Date Time NCIC number Officer's I.D.number �I -9Z o 1S �3S% _ rls►' f Your vehicle was removed to: A copy of the collision report can be obtained from the above address and will normally be available within 5 nays from the date of the collision.A request by mail is preferred and must include:date,time.NCIC number,and Officer's I.D. number printed above. The certification for purchase information (see reverse)must also be completed,signed and attached to your written request with your check for payment.Make your personal check or money order payable to the California Highway Patrol(CHP)for$6.00. Reports may also be obtained in person during the office hours stamped above.Please call to determine it the report is ready.In the event the cost exceeds$6.00 you will be notified.Reports are retained 4 years. . CHP 418(Rev 12.89)042 89 55219 � U �m 1 SG� SGrt s�Tre� I S 1 CbN' -T AT- CCC SltcRtiFF u.v, S9 1:2 ; �tsk N►G�`^-r Is rNs C. v`rzn r_v�Y-A C 0 � itCCc Oen►7 MAt nA L, 4C,- D� �K OF VA �� h �� G14$s�4 pRtJQf� . 1 ��s��. .2`/r// SA LAnL 10.10) '. _ RNANCIAE EEJfOA1SIBllITY$150011 USE ONU �►�r REPORT OF TRAFFIC ACCIDENT • ••• SEE INSTRUCTIONS ON BACK ••• A AvA% w 4fa w NAa?NAS RENHTD DEPARTMENT OF MOTOR VEHICLES—FINANCIAL RESPONSIBILITY P.0.BOX 942884,SACRAMENTO,CALIFORNIA 94284.0001 PLEASE PRINT (916)732.7685 DATIE OF Month ACCIA YR L Day 17 Year 19 qZ Now —7:15 A.M. ❑ P.M.. PLACE LOCATION Of ACCIDENT arc COUNTY Cj7J'f7-RA MIVATE MORRTY NUMBER VEHHXU IN ACCIDENT NUMBER Ts mum NUMBER R Nun wg tw7pAKe 7D dci06,e glrHMoriP I•°',74 ❑ Ya ® No Z YOUR VEHICLE: (Also, please complete Insurance Information stub below) ❑ Stopped in Traffic Ip Moving ❑ Legally Parked ❑ Pedestrian ❑ Bicycle ON a's NAYS 0W.MNOOLL NST) DRIVER LICENSE NUMBER AND STATE DATE OF BIRTH(MONTH.010.YEAR) ARIES Hrj V)NCEN7- GZ-7'l 3 CAL-jr SHPT zZ 4bz-- DRIVER ADDRESS(NUMBER AND STREET) CITY sun ar CODE TELEPHONE NUMBER CBIS 51 Std C NTH 0 DRIVE PLeAS rvf HILL CALM F Work: —Z'71 0 Home:6 n-9 R7 OWNER Of VENKU YOU WOE OM No 01AST.MIOOLL LAST ADDRESS(IUMBEA AND STREET) CITY TWE Er CODE OW TONCs CIF(0- Z01 CALIFor•NIA ST. S"IT q '50 SAN FR ANC( 0 C . 41 Li l I VEHICLETDU WENS OWNC(YEAH AND MAR( BODY TYN YENIQL LICENSE OR I.O.NUMBER UnMOD COST a AF= 88 C ev CAPR1ce WA&or, swirl o wA(r(; CAL IF 2J KM 531 APPf.'a,Y 700, 00 WERE YOU DRIVING A VEHICLE O Y EWLOYERS NAME AND NJORESS VAIN Pu NIS5ONTEMnorEI1 AND Ya O No NES ZD( CAL I PORN iA Si. #950 S/9N FRANCISCO CAC(F, I L � OTHER VEHICLE ❑ Stopped In Traffic Moving ❑ Legally Parked ❑ Pedestrian ❑ Bicycle NWS NAME OrMST,MOOLL UST) DRIVER LICENSE NUMBER AND STATE DATE OF MRM(MOIITN.DAY.YEN( L.NAPR ? GL S S&K c H$8 i-tAeoCri ve ORMER ADDRESS INWAMIAO STREETarc HATE ar CDDE TELEMI NE NUMBER la Plat T T b PC Lr Neo •7V S tf0 W E-ICenLS C -- SAE 0 IT WAS D&Pr PD wL Y ,, ? Work:beaweh Home: Ptal.,vel OWNER Of(THEN VEHICLE QIRST,MIDDLE.LAST) (IYMBEA AND STREET arc SIRE EN COOS TKA COkNT S F- EPr S 0 G' ST AlAkTlNez C VEHICLE(Y AND MAINE) am I'm YENKU UCFASE OR I.D.NUMBER ESINAIV COSI OF AFFAIRS Fox b 5✓ vA N E: -3q ZQlq is Al ,eo,< -300 00 OwSSPIED SHE DRIVING MGL�F�AND IF YES.EMPLOYER'S NAME AND ADDRESS , WITHPERMISSIONT (3 Ya ❑ No C ijAA CAST COI1nlY S ffF'RAFF O(�PT" 5j� (oy --Z4y DAMAGE TO OTHER PROPERTY Oman COSI TO we DAMAGE NAME Of OBJECTS NNEURE OF oAMMGF3 OONER'S NAME ADDRESS INJURIES AND DEATHS CAUSED BY THE ACCIDENT NAME ADDRESS TYPE OF INARY Q RUNE ❑ Fatal U Pasun 8 In Your Whicle Bl i; No AoaNEss Tm or INNArc NON C— Driver In Your Which Bicyclisti I EMM WASA POLICY OF UABIUTY INSURANCE OR A BOND COVERING THE OPERATION OF YOUR VEHICLE IN EFFECT AT TIME OF ACCIDENT? Yes ❑ No N YES.GME NAME OF INSURANCE COMPANY ON SURELY COMPANY(NOT AGENCY)FAURE TO MOV ?NIS RIFOeMR10N WU M M III THE UPU MM a VOUR ONraNNG MM USE POLICY OR BOND NUMBER I V.r% eAMaNS JAvj-"AL CAShAILTY Co. 3Zi- 945 685-00 1 certify under a ty /pett the cident information provided is true to the best o/my knowledge. (Perjury is punishable by imprisonment,line or both.) BION MEAL • EAECURD ON(CITY WHERE YOU SICRED THIS 1111"011) DAE REPORT S16NEO N F A ISCO CACI YOUR CAUFO IA INSURANCE OR BOND INFORMATION DO NOT DETACH DMV RLE NUMBER^�•^+ The Department sends this part to the Insurance company indicated.If not fully completed,it will be assumed you were VEHICLE not insured or bonded for the accident and your license will be suspended. NAME OF INSURANCE COMPANY OR SURETY COMPANY(NOT AGENCY) , ,^AIRS iv,vLT'1i/l_ C ASV1ALTY THAT ISSUED POLICY Of LIABILITY INSURANCE OR BOND COVERING THE OPERATION L.�N CL's M:O, N OF YOUR VEHICLE S POW OR BONG NUMBER 1 Q IOUCY OR 80N0 FER100 7 C U -3R1p Or O O From 17 -31-71 To DamumuNwopmaYouanww R oATE a ACCIDENT IN ON NIM(CITY ON To") A q—I-]-gZ R1CH1vj01v0 I CR61/F CZ1-7gH5 (CAL(i C MARL a Tow VEHICLE TWA YK STATI(J I YEAR 1.0.NU rENICLE LICENSE(NUMBER AND STATE) E CHe✓ G-oN �V 1013S GI S I' STRIR(ol ZJXM531 R "M OWNER CHAKLE S V oxEm T- Dow SONES QI- Co. rrJC . oADDRESS ZOI CAL•I FORM IA ST_ =Itz cl5 U 20) CAL(FU-N I A N arc sTArc nF cooE arc HATE CIF NMOL D SAN F�/�N c 1 SC G CS L I F yNC 15 CC) Q\L I F 9 g I I l SR IA MY.IM so(Tea lY �:art:•z .: .��•, f riynol I..f'klll` + e y t ! y MIBIT II JIM'S CALIFORNIA AUTO BODY, INC. 1705 Somerville Road Antioch,Califomia 94509 .T T. M • .9-3 C:AT. T. F A IJ'TC3 F3C3I-J V T. LST C` . I.ARGPSI' SHOP I N THk; HAY ARPA 28 YPARS OF SP:RVTCP: BAR MV371.1.4R 2520 MONt":IVJ' ii MI,1 VARI) MNMRI), M 94520 (510) 689-6117 Fax: (510) 689-7836 'k 'k F.STT_MATF, 'k IQ # 1.3295 by MI-KF AYFVFIX) Tate! 05-28-1992 Ti me; 17:01 T)atF Written;05-28-92 201 CAI,J F ST Rema rks ; Ad juste.r; S. F r,i.co-nSP ;2.)KN5.39 n s raie; T)a :986 6886 Ser # ; 0a i mant; Ni. ; Rates ('bdP;(70STOM rncnir.od ; 88 0HFVROT,P7J' CAPRIGH: CT.ASSTC Tn/03t Mi ; Policy #; Style ;S/WA()ON ;Pt. ; Df-dix-ti.bl. ; $0.00 ('lai.m # # DF-RCKTPTI ON FS1.1' PRJ CP: ; 1.AHOR NATNT ; i REPAIR RT FRT FENDER ; ; 4.0 ; 2.6 2 REFINISH HEADER ; ; ; 1 .6 3 NEW RT REM ; 35.25 ; 0.3 ; 4 REFINISH BUMPER FILLER ; ; 0.5 5 NEW PRT IMPACT 36.00 ; 0.5 ; 6 TINT COLOR ; ; 0.5 7 CLEAR COAT ; 1 .0 ** 1:S"I':I MATT: ** SIIMP'IARY I,abor Descriptive:_ _I tcrns R7�Cla'T�- �TZFZ:7TJ�5T3Y-PARTS'- . FiOT)Y ].A 5.3 @ 46.00 2.43.80 ; MAT}:R)Al, 125.40 FRAME TA 0.0 @ 46.00 0.00 ; S(JPPT,r.FS 0.00 Mh:CH ],A 0.0 @ 46.00 0.00 HA7,ARI) WASTE 2.85 CT,FA.N/1)F7 0.0 @ 46.00 0.00 ; SUB f,AK)t1 0.00 0.0 @ 0.00 0.00 ArA7ANCN: CHCS 0.00 0.0 @ 0.00 0.00 S R)RAGF ('[1(;S 0.00 0.0 @ 0.00 0.00 ; Q. ASS PAVI'S 0.00 0.0 @ 0.00 0.00 ; SUB PARTS 0.00 11."UII-Meir-firs. .ems f,abor. 506.00 Subtotal 705.50 ax Grand Total $72.1 ..96 s:sssssssssssssssss part Prices Subject to Invoice "sssssssstssssssssss AUTRORT%FD AND ACCEPTED: You are hereby authorized to make the above specified repairs. 1 understand that payment in full will be due upon release of vehicle, including additinnal supplemental damage (:barges, and hereby grant you and/or your employees, ermission to operate the car, truck or vehicle herein described on street, highways or elsewhere for the purpose of Testing 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 he held responsible for loss or damage to vehicle or articles left in vehicle in case or fire, theft, accident or any other cause beyond your control OLD PARTS ARF ,JVNKPD UN(,F,SS INSTRUCTEOI " ESTIMATE " authorized by---------------------------------------date---_ _-- -----__- - PARTS PRT.CFS SUBIFXT TO TNVOT.C'F . . N() (.k2h;l)T.T (ARI)LS �► - - Now. 25435 . .AUTO BODY Color Matching Specialists 359 W.9th Street•Santa Rosa•CA 95401•(707)528-0181 . Q LOW DATE ZZ 19 `i Z CAR OWNER W STONES Co.Co• =rj C HOME PHONE ADDRESS Z' O!I CA L I FOM,A s7 . WORK PHONE _I JS `135— Z7-10 MAKE CffC'V YEAR $$ SERIAL# MODEL CAPP-ICe. MILEAGE LICENSE NO. BODY STYLE STA 4 wAC_'_01JPRODUCTION DATE INSURANCE CO. ADJUSTER CLAIM NO. LABOR REPAIR REPLACE: DETAILS OF REPAIR OR.REPLACEMENT ! PARTS �o HOURS. NET NET ITEMS t� nnyL 2- ILA I-dw— PARTS 2j 3 REBATE MISCELLANEOUS MATERIALS PAINT MATERIALS t 00 COVER CAR � (..o 0 MISC.MATERIALS MISC.CLIPS/FASTENERS SALES TAX @ �� •�2 UNDERSEAUSEAM SEAL TOTAL HRS WASTE DISPOSAL � ' X.a.g6 LABOR 3�,0v COLOR MATCH , S SUBLET ALIGN SHEET METAL t (� ADMAfst6E CHARGES t ,00 COOLANT/FLUIDS GRAND TOTAL FREON/OIL HOOK-UP&MEASURE to |�� - PZI ol / E-4J e__4 U) q d ',D C) a4 U-) Z C) u C? z Lf) ' CLAIM 136 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 14 , 1992 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: HEEG, Michael ATTORNEY: John W. Larson 1655 N. Main Street, Suite 2()4te received ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON June 15 , 1992 BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. B DATED: June 19 , 1992 gqtL Deputy OR, Clerk �L Z A" Il. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. ��(v) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The-Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: G 71. `(Z BY:. �- /J Deputy County Counsel ' J 1 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 0 R: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. JUL 14 1992 Dated: PHIL BATCHELOR, Clerk, Sy Deputy Clerk WARNING (Gov. code sec ion 3) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. FOR ADDITIONAL WARNING SEE REVERSE SIDE OF THIS NOTICE 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: JUL 17 199 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ADDITIONAL WARNING This warning does not apply to claim:; which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The- above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 1 NOTICE OF INSUFFICIENCY a OR NON-ACCEPTANCEOFOF CLAIM TO: John W. Larson 1655 N. Main Street Suite 200 Walnut Creek, CA 94596 Re: Claim of , Michael Heeg Please Take Notice As Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: �1 . The claim fails to state the name and post office address of the claimant. 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 3 . The claim fails to state the date, place or other. circumstances of the occurrence or transaction which gave rise to the claim asserted. XX 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. X5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000 ) , the claim fails to state whether jurisdiction over the claim would rest in municipal or 'superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel ,D By: -• _ 1 Deputy C¢u ty Counsel CERTIFICATE OF SERVICE BY MAIL C.C.P. fig 1012` 1013a, 2015.5• Evid. C. S6 641 , 6641 My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: June 23, 1992 , at Martinez, Cal iforn' cc: Clerk of the Board cf Supervisors ( iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.SS 910, 910. 2, 920. 4, 910. 8) LAW OFFICES ' John W. Larson & Associates 1655 N.MAIN ST..SUITE 200 4596 FCLERKB EIVED UT CREEK,-7 91 EL 510:9347821 - .. , J! AX 510:934-0663 15M2 J N L. 1992 JOHN W.LARSON I[ STEVEN H.LARRABEE OF SUPERVISORS COSTA CO. Reply To: Walnut Creek June 10, 1992 Sheriff's Office Contra Costa County 1801 Shell Avenue Martinez, CA 94553 RE: Traffic Collision Date 05/15/92 Time 8:56 a.m. Location Parking lot of Hungry Hunter 3201 Mt. Diablo Boulevard Lafayette, California Employee/Driver Nancy I. Griese Our Client Michael G. Heeg Dear Sirs: This office represents Mr. Michael Heeg concerning his claim for bodily injuries and property damage arising out of the traffic collision which occurred at the location of the parking lot of the Hungry Hunter restaurant in Lafayette. Your deputy Nancy I. Griese was driving a 1990 Ford LTD Crown Victoria license (E)278839, identified as vehicle number 2007 . Please refer this letter to your claim representative for their prompt acknowledgement. We will cooperate fully with your claim or insurance representative and provide them with complete information concerning the circumstances of this accident, and the medical status of Mr. Heeg. I am marking my file for June 19, 1992 and shall appreciate and expect a response from your claim representative or directly from your office by said date. Thank you for your service. Very truly yours, /Jo#nXLaftrsW-W--- JWL:aec d:\gn\heeg\c-sheriff.610 �> N -T' ` Jul l 119.9' 't G,,��'�'F�,.•',1'A�j' y't.j '1. 1`1..1 zssc.z T Nnr CLAIM �R. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT. July 14 , 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 $150,000 .00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: KENT,. Daniel Arthur ATTORNEY: Scott K. Zimmerman Law Offices of Scott K. ZimmeQ� eafieceived ADDRESS: 812 First Street , Suite "A" BY DELIVERY TO CLERK ON June 16, 1992 Brentwood, CA 94513 BY MAIL POSTMARKED: June 15 , 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PP� DATED: June 19 1 992 BYIL Deputy OR, Clerk (L 44AAl 1� I1. FROM: County Counsel TO: Clerk of the Board of Supervisors �v ) 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: G 2 1 Z BY; �. �. J Deputy County Counsel T� 1 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 OR R: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUL L 1 4 1997 PHIL BATCHELOR. Clerk, By Deputy Clerk MARNING (Gov. rode s ctio 13) Subject to certain exceptions, you have only six (6) months from t e 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. FOR ADDITIONAL WARNING SEE REVERSE SIDE OF THIS NOTICE 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: J U L 17 1992 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator ADDITIONAL WARNING This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. DANIEL ARTHUR KENT 7070 Piper Road Bethel Island, California, 94511. June 15, 1992 CERTIFIED MAIL ' RECEIVED RETURN RECEIPT REQUESTED JUN 1610 City of Antioch Police Department CLERK 13T A5F S A R ISORS City Hall 3rd & H Street Antioch, Calif. 94509 Contra Costa County Sheriff' s Department Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, Calif. 94553 Re: DANIEL ARTHUR KENT NOTICE OF CLAIM Pursuant to California Government Code Section 910 Pursuant to California Government Code Section 910, SCOTT K. ZIMMERMAN of the Law Offices of Scott K. Zimmerman, hereby submits a claim on behalf of DANIEL ARTHUR KENT to the City of Antioch Police Department, and the Contra Costa County Sheriff 's Department, as follows: A. The name and po&t— offices i)vx of the claimant: DANIEL ARTHUR KENT, 7070 Piper Road, Bethel. Island, California, 94511 . P.O. Box 423, Bethel Island, California 94511 . B. The name and post office box of the person submitting -the claim: SCOTT K. ZIMMERMAN, Esq. of the Law Offices of Scott K. Zimmerman, 812 First Street, Suite "A" , Brentwood, California, 94513. C. On or about January 17, 1992, a minimum of seven (7) officers from the Police Department for the City of Antioch, and/or deputies from the Contra Costa County Sheriff' s Depart- ment intentionally assaulted and battered Claimant by threatening to and actually exhibiting excessive force striking, kicking, pushing, and wounding Claimant, by grabbing, striking and knocking Claimant to the ground with such force and violence so as -to cause severe emotional and physical injury to his body and mind; in addition, i:hereafter, the peace officers refused to obtain proper medical tr.eatmea-it for the injuries inflicted on Claimant through the physical assault on claimant' s person. D. Claimant. was, is, and in the future shall continue to suffer -the long-term effects of -the acts or omissions set forth in paragraph C. preceding, to wit: claimant has suffered a dislocated finger, bruises, abrasions, possible concussion, has had to seek medical treatment for the injury, has suffered and continues to suffer extreme mental anguish, has lost earnings and has suffered other, physical and mental injuries, the full extent of which have not yet been ascertained. E. The name or names of the public employee or employees causing the injury, damage, or loss are presently unknown but they were and/or are directly employed by the City of Antioch Police Department, and/or the Contra Costa County Sheriff' s Department, East Contra Costa County Drug Net. F. The jurisdiction of this claim would rest in the Superior Court of Contra Costa County. G. So far as is known at the time of filing this Claim, Claimant has incurred' damages in excess of $150, 000.00 general and special. DATED the day and date first above written. RESPECTFULLY SUBMITTED, EL ARTH R K NT Claimant RECEIVED JUN 2 3 1992 CLAIM COUNTY COUNSEL BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 4tWINEi. eXIF Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, :. ) NOTICE TO CLAIMANT July 14 , 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: $1 ,420 . 00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT:MALIAN, Michael ATTORNEY: Date received ADDRESS: 2540 Lunada Lane BY DELIVERY TO CLERK ON June 23 , 1992 Alamo , CA 94507 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. �H BB DATED: June 23 . 1992 �Il DeputyLOR, Clerk 11. FROM: County Counsel 70: 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 /2g 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). 1V. 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:J U L 14 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk -00 WARNING (Gov. code se ' 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the nail 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. FOR ADDITIONAL WARNING SEE REVERSE SIDE OF THIS NOTICE 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:_ JUL 17 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ADDITIONAL WARNING This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that ray apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. Claim to:: BOARD OF SUPERVISORS OF CONTRA COSTA OOUNTY INSTRUCTIONS TSO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and Mich accrue on or before December 31, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person onto personal property or growing crops and which accrue an 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 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 1069 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. 0 * * * * * * * * * * * * * * a * * * * * 0 * * * 0 * * * * 0 * * * 0 0 * 0 * * * * * RE: Claim By ) Reserved for Clerk's filing stamp IP 7 Ick,--iC/ ; ..f-. RECEIVED e . d Against the County of Contra Costa ) JUN 2 3 1992 or/ sup ) d� JF SUPER D strict) CLERKCONTRA BOARD OCOSTA 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-$ and in support of this claim represents as follows: . 1. When did the damage or injury occur? (Give exact date and hour) Where did the damage or injury occur? (Include city and county) C a i canes . a 3� g /�-_ U"e0q,0'-- IC-- , C &�, ,,/— , C 3• How did damage ars inky occur? (Give full details; use extra paper if required) it' `- 11� r 6NEY �L�6'_Al 4. What particular act or emission on the part of county or district officers, servants or employees oaused the injury or damage? ,fit Aep?_n , ve (over) 5. What are the names of county or district officers, servants or employees causing .. the damage or injury? 6. What damage or injuries do.you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage., 7. How was the amount claimed above computed? (Include the estimated amount of .any prospective injury or damage.) 13 j�,u.N-& pevt �� — Ceu;f 8. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOTAIT -70 Gov. Code Sec. 910.2, provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some-person on MR behalf." Name and Address of Attorney Claimant's Signature Address Telephone No. Telephone No. oZS— eI V V V V V 9 1 T 0 * * 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. CrINTRA COSTA 4 / 03-25-92 73A X / R (( ROSSEERG GItiA 30-035CA94-CO-M D MONTCOMEPN T3AX 646-1234 1340 ARNOLD DRIVE 422C MARTINEZ CA 945`_3 MICHAEL MALIAN FCR GINA ROSSSERG 2540 LUNADA LAVE ALAMO CA 9450? TO: LANDLORD FOR �� �� (CLIENT NAME): ( ) YOUR TENANT (NAMED ABOVE) HAS ASKFr3 THAT CONTRA CESTA COUNTY TRANSFER FRIM MTS14ER CASH AI7 THE AMOUNT Cr- RENT OUEC TO YOU EY YOUR TENANT. 3=CINNING • THE COUNTY WILL SEND YOU S MONTHLY A'I YOUR�ETIAMT69 'CIRECTION• PROVIDING THE FWPr['"T7RATNS ELTGIRLE FOR CASH AID. NOTE: THE RENTAL AGRFFMENI Ia BETWEEN YOU AND YOLR TENANT. THE COUNTY IS NOT PARTY TO THE AGREEMENT HAS NO CBL IGATION UNICER THE AGREEMENT , AND S 1140T RSSMNSIBLE EITHER FCR CARRYING OUT ANY ORLI ATION OF YOUR TENANT OR FOR EMcORCTN:1 ANY RIGHTS CF THE LANDLORC. ALL PAYMENTS ARE MACE TOTALLY AT THE DIRECTION OF YOUR 1ENANT9 W4,rl MAY STOP THE PAYMENTS MADE BY 1HE COUNTY AT ANY TTMF. THE COUNTY WILL ATTEMPT TO NOTIFY YCU CF CHAN!�FS TN YOUR TENANT'S PLAN, WHEN POSSIPLE• PUT THE PAYMENTS MAY BE STIPPc0 OR MODIFIED BEFORE WE ARE AELE TO NCTI'=Y YnU. ( ) THFRF HAS 3FFN A CHANGE IN THE AMOUNT OF RENT THAI CAN BE PAID FROM YOUR TENANT' S ( SF- TENANT NAME ABOVE) CASH A10. EFFECTIVE HT�It. `:��it�. V0UsMST'L'�=CTIANN REBE MAINDER CMEDMTO VCU ON rCTLY FRIM YOUR TENANT. ( ) THE FNDOR PAYMENTS FOR THE TENANT NAMED ABOVE WILL STOP AS OF TM -���' AFTF! THAT DATE• YOU MUST COLLECT ANY MONEY -qTR.FtTLY FROM YOUR TENANT. THIS ACTIO! IS RFlUIRED BY THE FOLLOWING LAMS AND/OF REGULATIONS RULES: THESE RULES APPLY; YOU MAY REVIEW THEM AT YOUR WELFARE OFFICE• MPP SECTION 44-305 LANDLORD'S NC?IFTCATICN OF VENDOR PAYMENTS FOR RENT 72c- 032492 CORR C rj a2 ( 74te)4,7 ee). e� OJ 0) 6 9VS-c7 ice Department .:ont.ra'Costa County r5loci�l JUt" 0 . 19C1 SWAB VENDOR PAYMENT AGREEMENT FOt4REKT L'AR I? z, C,1 I direct Contra Costa County to take $ out of my-cash aid payment each month and pay it directly to my landlord for my rent. The process used is called "vendor payment." I want vendor payments for my rent to start on " I Until that time, I will make any rent payment that is due. I understand that the County will stop the vendor payments as soon as possible after I tell them to stop them. My rental agreement is between my landlord and me. i know that the County is no way part of that agreement or responsible for it. I understand that, any time my aid payment is lowered for any reason so the vendor payment can't be made for the full amount, I must pay the difference myself. if my aid payment is stopped for any reason, I know that I must make the rent payment myself. My Eligibility Worker will send me a Notice of Action telling me when the vendor payments for rent will start and how much money will be left to send to me. My Eligibility Worker will also send a letter to me when my grant is too low to pay all of the rent or if my cash aid is being stopped. I give my Eligibility Worker my permission to talk to my landlord about my rent payments. I also give my permission for my Eligibility Worker to send a letter to my landlord telling him/her when the rent payments will start and when there is any change to the amount paid directly to him/her. The vendor payments for rent should be sent to: LANDLORD'S NAME LANDLORD'S TELEPHONE NUMBER n� charm- � 114AL,/�-ti r6 _ 6s� S LANDLORD'S MAILING ADDRESS CITY&ZIP CODE NOTE TO THE LANDLORD: This is a totally voluntary arrangement; your tenant has the right to stop it at any time. The rental agreeement you have is between you and your tenant. The County is not party to that agreement and has no obligation or responsibility for either carrying out the obligations of the tenant or enforcing the rights of the landlord. CLIENT'S SIGNATURE DATE 01/10-1 ELIGIBILITY WORKER'S SIGNATURE PCN TELEPHONE NUMBER DATE Copy 1: IM Case file fastener #2 GEN 413(Rev. 9/90) Copy 2: Client Copy 3: Landlord RECEIVED/fid r CLAIM JUN ) 3 1992 6• • BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA COUNTY p 44RTiNF7 0'4UF Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 14 , 1992 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all •Warnings". CLAIMANT:PALACIOS , Ruby ATTORNEY: Date received ADDRESS: 1178 Peabody Avenue BY DELIVERY TO CLERK ON June 11 , 1992 Memphis , TN 38104 From .Risk Management BY MAIL POSTMARKED: g 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. p� gg DATED: ,Tune 21 1 992. �ll DeputyLOR. Clerk � I1. FROM: County Counsel 70: 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: q 1 2 BY: I Deputy County Counsel 1 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 0 ER: 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: J U L 14 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sect 3) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. FOR ADDTTTONAL WARNING SEE REVERSE SIDE OF THIS NOTICE 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, aver 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: ,Jul 1 '1992 BY: PHIL BATCHELOR Deputy Clerk CC: County Counsel County Administrator I ADDITIONAL WARNING This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Ruby Palacios 1178 Peabody Avenue Memphis , TN 38104 Re: Claim of Ruby Palacios Please Take Notice As Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910. 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s) of the public employee(s ) causing the injury, damage, or loss, if known. XX 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10, 000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WE , ounty Counsel f By. _ U,,,7( . --- I N Deputy '�,F M dolinfy C unsel CERTIFICATE OF SERVICE BY MAIL; C.C.P. 9§ 1012, 1013a, 2015.5; Evid. C. 95 641 , 6641 My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: June 24, 1992 , at Martinez,17 California cc: Clerk of the Board cf Supervisors ( iginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910. 2, 920. 4, 910 . 8) 21 •: ••• RECE :. _'•. :. . ::• spy®yp G.1Y Je .6. 1992 JUN; :I 1 1992 un " AFSCME Local 27Q0 Contra Costa County CLERK BOARD' SUPERVISORS 100 Court Street Board.`o£ Supervisors CONTRACOSTA co. F... Martinez . CA 94553 ;': ;;.,:';:;' 651 'Pini Street MartinezCA 94553 arles Dickinson, Attorney :Risk Management Administrators 642 Washington, Suite#5 .:.,. .651 Pine Street,:'''6th Floor . Memphis, TN '.38105 .,Martinez, . CA .94553 My question. is: DOES JOHN ELLIOTT HAVE M.D. ,AFTER HIS NAME? On 'January .3,. ;1992, -'I filled -1989,.out Form 5(l?.1 (Rev. 3) ' -.DOCTOR'S FIRST :.` REPORT OF OCCUPATJONAL INJURY OR ILLNESS, and Form DWC-1(1-1-90) EMPLOYEE'S CLAIM FOR :WORKER': COMPENSATION BENEFITS (attached) . Tetter dated January 22, 'j 9 9 2, -was received by me accepting my workers compensation claim. - (attached) February ;] ,:; 1992,`..-I, ,wrote to•� the Risk Management Division advising them of 'my ,.pending move `to.°.,Memphis, 'TN. (attached J. The :response 1 recei��ed from my .letter of `Februar 1 ,' was` an a ointmen with with ':Mathias Masem,';:M.D. for _February '21; :1992 .4:<<::I. 'also, had an office' 't `with Dr. :';-Masem on. Feb.;�,27. :''1992 . :': Dr:;" .Masem 'informed .mem in 'ur was indeed 'obrelated far .:elt J ( . P uinel 'and arthritis Y a a 'of :tYie hand riMasem referred me';to--the Campbell Clinic .in Memphis,':'TN' 'I have' been .._ attendin g the :clinic since m arrival `n .t., . . mPh .Y 1 Me is billing for :the Campbell Clinic ;visits .have been mailed to Risk.`Managemer. `-:My prescriptions are filled at 'Walgreens Dru a Store ;Union ,s Mar A. �::.;: Memphis TN. . ,All:,.medicines have been paid .for b Risk Management .:..:.:.... :,..::- '1 Basic ;; ;f'. a ly, : the day before the surgery .June ;�, ='1992,"(Friday):; Surgery.,,is . r;June 8, ' 1992, 'Johri.';Elliott `makes a phone call to-the Campbell Clinic '.Memphis N. ;,,,stating he has. only recently become aware of ..the fact ;I have an attorney (my attorney wrote :to 'Contra costa `County in March, �-'-1992. ) doesn't know any- �.�:�:;';thing about my 'in ur j y. , .:;Says I moved -and started seeing a Dr. without informing the county of my in jury:' : .'This is the approximate wording that ,.;:was given to me by Rene,: •:in the Workers Compensation Division, Campbell ``=:clinic. ( I. ,know fora fact Rene has been trying to reach :John Elliott since ..:..:...... MY first visit, :...,:. .,.has n turned any calls, � untiT ` 6,"'1992 ..V Does ,..anyone, know the unjust harrassement 'and stress :this placed on me? ° I' -:: Will be asking In y y to plea for me in my behalf. for the damages .: .." ,.;;.. attorne Jo n.,Elliott. has .caused me "on behalf of .Contra Costa Count Y My private insurance, First Choice, of San Jose, will be helping me so the surgery will be preformed at the time my Dr. , Dr. George Wood, II , has scheduled me for. I 'm not quite sure John Elliott is qualified to make a decision on whether or not someone does or does not need surgery. Sincerely. Ruby Pa acios 1178 Peabody Avenue Memphis, TN 38104 Department of Industrial Relations, Division of Workers' Compensation EMPLOYEE' LAIM FOR WORKERS' COMPEN ION BENEFITS PETICION DE EMPLEAM PARA BENEFICIOS COMPENSAIOS DE TRABAJADORES EMPLOYEE:FILE THIS FORM WITH YOUR EMPLOYER IMMEDIATELY TO PROTECT YOUR RIGHTS. • .2:STREET ADDRESS/DOMICI O CR /CIUDAD. ATE/ESTADO ZJP:/Z1P • 3.DA OF INJURY/FECHA DE LESION 4.TIME OF INJURY/HORA DE LESION.AM/PM 5.PLACE WHERE IfjMURY OCCURRED/LUGAR DONDE OCURIO LA LESION • 0.6 .s S DI_SCRIBE THE INJURY(CtjT,STRAIN, UISE;ETC.)!DESCRIBA LESION(HERIDAS,TORCEDURA,.ROTURA,ETC.) Y t. c 7.DATE THIS COMPHETED CLAIM FORM WAS.SUBMITTED TO YOUR EMPLOYER/ CHA ES TICION PR SENTA A SU EMPRE8ARO.' EMPLOYER: • •N& GIVE A COPY IMMEDIATELYOF 8.NAME AND ADDRESS OF EMPLOYER/NOMBRE Y DIRECCION DE EMPLEADOR • 9.DATE EMPLOYER RECEIVED CLAIM FORM/ 10.DATE EMPLOYER FIRST KNEW OF INJURY/ • • FECHA EN QUE EL EMPLEADOR RECISIO EL FORMULARIO FECHA EN QUE EL EMPLEADOR FUE INFORMADO DE LA LESION 11.SIGNATURE OF EMPLOYER REPRESENTATIVE/FIRMA DE EMPRESARIO 12.TITLE/TITULO 13.TELEPHONE/TELEFONO • If you are injured or become ill because of your job, you're entitled to workers' compensation benefits. Protect your right to benefits by filing this form immediately with your employer. Prompt reporting is the key to prompt benefits. Please complete the shaded portion at the top of the form. Your employer will fill in the other part, sign it, and then give you the top page as your receipt. Keep it for your records. (If your employer does not return the top page, please contact the Office of Benefit Assistance & Enforcement by calling 1-800-736-7401.) You'll receive written notice of action on your claim within 14 days. If you do not receive notice within that period, you may be entitled to an additional amount because of the delay. MEDICAL CARE. All medical treatment — without a deductible or dollar limit. Your employer will arrange for medical care, and all costs are paid directly by your employer's insurance company, so you should never see a bill. PAYMENT FOR LOST WAGES. If you're temporarily disabled by a job injury or illness, you'll receive tax-free income until your doctor says you are able to return to work. Temporary disability payments are two-thirds of your average weekly pay, up to a maximum set by state law. Payments are not made for the first three days you are disabled unless you are hospitalized as an inpatient or unable to work for more than 14 days. REHABILITATION. If the injury or illness prevents you from returning to the same job, you may qualify for vocational rehabilitation benefits, with all costs paid by your employer's insurance company. PAYMENT FOR PERMANENT DISABILITY. If the injury or illness results in a permanent handicap, permanent disability payments will be made after recovery. DEATH BENEFITS. If the injury results in death, a benefit will be paid to surviving dependents. If you need assistance completing this form, or have questions regarding your benefits, please contact the State Office of Benefit Assistance and Enforcement by calling toll free, 1-800-736-7401. This service is provided to you at no cost. You also have the right to consult an attorney. WHITE COPY-Employee YELLOW COPY-Risk Management PINK COPY-Department Form DWC-1(1-1-90) Within 5 days of your initial examination,for every occupational injury or illness,send this report to Insurer or employer(only if self-Insured). Failur0d file a timely doctor's report may It in assessment of a civil penalty. In the case i0agnosed or suspected pesticide poisoning, send one copy of this report directly to the NXion of Labor Statistics and Research,P.O.Box 603Wn Francisco CA 94101;and notify your local health officer by.telephone within 24 hours and by sending a copy of this report within seven days. For a supply of this form, please call (415) 557-1924. 1. gSURR NAME AND ADDRESS PLEASE T°OHts NOT • , COLUMN 2. EMPLOYER NAME Casa No. 3. Address: No.and Street City Zip Indo TM" 2Soo GQ�nal.V 0r a (fit � �.i tr♦�.z Q%se� 4. Nature of business(e.g.,food manufacturing,building construction,retailer of women's clothes) County 5. MT N ME(First na mi dle initial,last name) 6. Sex /� 7. Date of Mo. Day Yr. Age Male A—W male Birth 4' .� 8. Address: �1 No. nd Stre City Zip Q%.� 1 A 9. Telephone number Hazard ICLtfL1 -1 7a 7 ! 10. Occupation(Specific ob title) 11. Social Security Number Disease 12. Injured at: No.and Street City couwy Hoapnanzition i' 13. Date and hour of injury Mo. Day Yr. Hour 14. Date last worked Mo. Day Yr. occupawn or onset of illnass*,%* a.m. P.M. r 15. Date and hour of first Mo. Day . Yr. Hour 16. Have you(or your office)previously Return Date,Code O� examination or treatment 1 " _ .rr.. p.m. treated atient? ❑ Yes ❑ No Patient please complete this portion, if able to do so. O erwise, doctor please complete immediately. Inability or failure of a patient to complete this portion shall not affect his/her rights to workers' compensation under the California Labor Code. 17. DESCRIBE HOW THE ACCIDENT OR EXPOSURE HAPPENED(Give specific object,machinery or chemical.Use reverse side if more spac^is required.) � ) Wit%A �+w , VCo a%0.Ar%� v� arras 18. SUBJECTIVE COMPLAINTS(Describe fully.Use reverse side if more space is required.) ..... g 19. OBJECTIVE FINDINGS(Use reverse side if more space is required.) A.Physical examination B.X-ray and laboratory results(State if none or pending.) 20. DIAGNOSIS(if occupational illness,specify etiologic agent and duration of exposure.)Chemical or toxic compounds involved?Li Yes ONO 21. Are your findings and diagnosis consistent with patient's account of injury or onset of illness?❑Yes L No If"no".please explain. 22. Is there any other current condition that will impede or delay patient's recovery? Yes r No If"yea',please explain. 23. TREATMENT RENDERED(Use reverse side if more space is required.) If further treatment required,specify treatment. Estimated duration 24. If hospitalized as inpatient,give hospital name and location. Date Mo. Day Yr. Estimated stay admitted 25. WORK STATUS Is patient able to perform usual work?❑Yes ❑No If"no",patient can return to: Mo. Day Yr. Regular work Modified work Specify restrictions Doctor's Signature Date CA License Number Doctor Name and Degree(Please Type) IRS Number Address Telephone Number FORM 5021 (Rev.3) , . 1989 , . , . : County Administrate Contra 0 Risk Management Costa Liability Claims (415)646-4155 9 J Risk Administration (415)646-2014 County Administration Building Safety (415)646-2203 651 Pine Street,6th Floor County Vocational Rehabilitation (415}646-2239 Martinez,California 94553 Workers'Compensation (415)646-2926 January 22, 1992 .,`fir • •; Ruby Palacios 49 Nead Place San R&mn, CA 94583 Re: December 27, 1991, Claim Dear Ms. Palacios: Your recent Workers' Compensation Claim has been accepted for payment. Consequently you are entitled to cculplete medical coverage by the physician of your choice. We would like to remind you of the items for which you should be responsible while on workers' ccimpensation benefits: 1) Be sure your treating physician forwards all medical reports to: Contra Costa County - Risk Management Division 651 Pine Street, 6th Floor Martinez, CA 94553 (510) 646-2928 2) Mately contact the Risk Management Office if you wish to change treating physicians. Be sure all bills relatincr to your injury are sent to the Risk Management Office for payment. DO NOT pay any bills relating to your injury. `=( `We are enclosing the "Facts for Injured Workers pamphlet and n-j-leage fog. Under W. -s' `Cainpensation laws you are entitled to reimbursement for mileage used relating to your. injury such as doctor's visits, therapy treatments, etc. You may submit your reimbursement requests to the Risk Management Office as convenient (i.e. monthly, when you return to work, etc. ) . After reading this letter you may still have questions regarding some of your benefits. If ti so, pease feel free to call the Risk Management Office for assistance. Best wishes for a full and speedy recovery. Sincerely, Thny Schleder ' Workers' Compensation Insurance Officer Rosa Ramirez, Claims TeCTMucian TRANOORTATION EXPENSE *CORD THIS IS TO INFORM YOU THAT YOU MAY BE REIMBURSED FOR TRIPS TO AND FROM YOUR DOCTORS.THE MILEAGE RATE IS ESTABLISHED BY STATE LAW. COMPLETE THIS FORM AND RETURN AT YOUR CONVENIENCE. EMPLOYEE -- -- DEPARTMENT ADDRESS DATE OF INJURY CLAIM NUMBER DATE NAME OF DOCTOR OR HOSPITAL FROM.TO ROUND TRIP MILES MAIL TO: Risk Management, 651 Pine Street. 6th Floor. Martinez. CA 94553 February 1 , 1992 County Administrator Risk Management County Administration Building . 651 Pine Street, 6th Floor Martinez , CA 94553 Thank you for your letter of acceptance I received in the mail yesterda, I had spoken with Dr. Hiner during the day yesterday;because my problem is worsening. . She referred me to Dr. Kay Williams. Upon calling the appointment desk, Dr. Williams doesn ' t have any openings in her clinic until sometime in May! I am retiring, my last day with the county is March 30 , 1992, at which time I will be moving to Memphis. My new address will be: 1178 Peabody, Memphis , TN 38104. Due to my moving before May, it is only feasible that I will continue my care in Memphis, TN. When I have established a Doctor I will inform you. Do I need any special forms to give to the Doctor in TN? If so, please furnish me with the necessary forms by mailing them to the San Ramon addressor the address in Memphis. Thanx you, Ruby Pa acios 49 Nead Place San Ramon , CA 94583 County AdministratolO Contra RWk Mahagement Cost liability Claims (415)646-4155 Costa Risk Administration (415)646-2014 County AdTiniatration Building Safety (415)646-2203 1151 Pine Street,6th Floor I t Vocational Rehabilitation (415)646-2239 MartlCalifornia 94553 Co`^J n`y Workers'Compensation (415)646-2926 February 4, 1992 Ruby Palacios 49 Nead Place San Ramon, CA 94583 RE: Emplover: Contra Costa County - Health Services ,:= i r,.,.�.••, D/TA.J-Ly: *2/27/91 Claim No: 1003957 Dear Ms. Palacios: An appointment has been arranged for you to be examined as follows: 1t Date : Friday, February 21, 1992 Time . 2:00 p.m. Physician : Mathias Masan, M.D. Address : 3300 Webster St. , Suite 202 Oakland, CA 94609 Telephone : (510) 763-0884 ` If it is impossible for you to keep the scheduled appointment, please contact the physician's office immediately to make arangements for a more convenient date or time. If you fail to keep the- appointment you could be held responsible for the missed appointment charge. The request for examination is authorized through the provisions of the Labor Code of the State of California, and a refusal on your part to comply may cause a suspension of such rights as you may have to compensation benefits. k _._. ` T=S 2-ta7t-CrI ZXPCMSi Chsck iS 1osE:ri. Sin rely, ` ohn Elliott Workers' Cat>pensation Claims Adjuster (510) 646-2805 JE/rg Enclosure - cc: Mathias Masem, M.D. , 3300 Webster St. , Ste. 202, Oakland, CA 94609 . ^r ,r:. County Administrator Contra Risk Management Costa County Administration Building County 651 Pine Street,6th Floor 1 O I u I n�\/ Workers'Compensation (510) 646-2926 Martinez, California 94553-1229 tJ`VJJ �l Fax Number (510)646-2547 June 12, 1992 n: ! 1,a V. ,� .,_ RECEIVE JUN \5._ 1 51992 Ruby Palac ios CLERK BOARD OF SUPERVISORS 1178 Peabody Avenue CONTRA COSTA CO. Memphis, TN 38104 Dear Ms. Palacios: I am writing in response to your letter of June 6 , 1992 . As indicated in your letter, your claim was accepted. on January 22, 1.992. Dr. . Masem of Oakland treated you on February 21 and 27, 1992 and provided reports regarding your medical condition. Dr. Masem also reported you anticipated transferring. your care to Dr. Lee Milford at the Campbell Clinic upon your move to Memphis, Tennessee. Your letter states I did not .return calls to Rene until June 6 , 1992. I talked to the Campbell Clinic on March 12, 1992, authorized treatment and confirmed billing information. Also I was called and authorized the EMG performed April 2, 1992. On June 5, 1992 Rene called and asked me to authorize surgery. I told Rene I would need to review the recent medical reports before I could authorize surgery. The last medical information I had was from Dr. Masem in February, 1992. Rene told me a report had been sent in the last few days. I told Rene I would call. her after I reviewed the report. This seemed satisfactory to her and she did. not mention that surgery was scheduled for Monday, June 8, 1992 . The first time I received any billing or written medical information from the Campbell Clinic was on June 8 , 1992 . The information covered your treatment from March 17, 1992 through May 22, 1992 . I called the Campbell Clinic on June 10, 1992 at 3 :30 p.m. (Pacific Time) to authorize your surgery, but there was no answer . I called them again on the morning of June 11, 1992 and told Lisa that the surgery was authorized. Page Two I am sorry if my actions caused you stress. However, it is not prudent to authorize surgery without appropriate medical information. I hope this letter clarifies how your claim was handled. I wish you a speedy recovery. Please call or write if you have. any questions or need further assistance. j erely, Elliott ers' Compensation Claims Adjuster JE/rr cc; Campbell Clinic AFSCME CCC Board of Supervisors Charles Dickenson _ CLAIM 7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT J u 1 y , and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PARRY, Louis Sherrick an incompetent person, by and through his Guardian Ad Litem, Gail Parry ATTORNEY: Clyde I . Butts , Esq . Date received ADDRESS: Law Offices of Marraccini & BY DELIVERY TO CLERK ON June 12, 1992 Butts 1225 Alpine Road , Suite 204 BY MAIL POSTMARKED: Hand delivered Walnut Creek, CA 94596 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: June 19 , 1992 BYIL DeputyLOR, Clerk LO 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.2./�7 BY: I �!..J�l/ Deputy County Counsel II1. FROM: Clerk of the Board TO: County Counsel (1) County Admini-strator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORD R: By unanimous vote of the Supervisors present ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: J U L I d 1997 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code se"i 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the nail 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. FOR AT)nTTIONAL WARNING SEE REVERSE SIDE OF THIS NOTICE. 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: J U L 17 1992 BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator ADDITIONAL WARNING This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and. legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 1 CLYDE I . BUTTS, ESQ. , #88020 LAW OFFICES OF MARRACCINI & BUTTS 2 1225 Alpine Road, Suite 204 Walnut Creek, California 94596 3 Telephone: ( 510) 943-1850 4 Attorneys for Claimant 5 RECEIVED JUN 1 2 M 7 Claim o f: CLERK BOARD OF SUPERVISORS 8 CONTRA COSTA CO. LOUIS SHERRICK PARRY, an 9 incompetent person, by and through his Guardian Ad 10 Litem, Gail Parry, Case No. : C92-00221 11 Claimant, 12 vs. CLAIM FOR PERSONAL INJURIES 13 THE COUNTY OF CONTRA COSTA, [Government Code §910] 14 Respondent. 15 TO: COUNTY OF CONTRA COSTA 16 Board of Supervisors 651 Pine Street 17 Martinez, CA 94553 18 Pursuant to California Government Code 5910, this claim 19 is presented to the County of Contra Costa, as follows: 20 NAME AND ADDRESS OF CLAIMANT 21 LOUIS SHERRICK PARRY, by and through his Guardian Ad 22 Litem, Gail Parry, (hereinafter "claimant" ) , hereby makes this 23 claim for damages against the COUNTY OF CONTRA COSTA. 24 Claimant resides at Merrithew Hospital in Martinez, 25 California. 26 Notices concerning this claim should be sent to 27 claimant's attorneys of record, the Law Offices of Marraccini & 28 Butts, 1225 Alpine Road, Ste. 204, Walnut Creek California, ( 510) LAW OFFICES OF - 1 - MARRACCINI&-Hil'IT1 1225 ALPINE RD.,STE.204 WALNUT CREEK,CA 94596 1 1943-1850. 2 DATE, TIME, PLACE AND CIRCUMSTANCES OF OCCURRENCE 3 On December 16, 1991, at approximately 7:30 p.m. , 4 claimant was riding his bicycle eastbound on the Port Chicago 5 Highway, approximately 1100 feet east of Nichols Road, when his 6 bicycle was struck from the rear by a vehicle being driven by 7 Georgia Lee Morrison, who was also traveling eastbound on the Port 8 Chicago Highway. 9 Ms. Morrison was subsequently arrested for felony drunk 10 driving by the California Highway Patrol. 11 The California Highway Patrol conducted an investigation 12 of the accident and prepared Report No. 12-211, a copy of which is 13 attached hereto as Exhibit A. 14 As a result of the collision, claimant, who is 28-years 15 old, suffered severe and permanent injuries, including permanent 16 paralysis and brain damage. It is believed that claimant will 17 require hospital and nursing care for the rest of his life. 18 Claimant' s damages include hospital and medical expenses, 19 wage loss, loss of earning capacity, and property damage. 20 The above-referenced accident occurred in an 21 unincorporated portion of Contra Costa County and it is, therefore, 22 believed that the Port Chicago Highway was owned, controlled and/or 23 maintained by the County of Contra Costa, at the time of said 24 accident. 25 Claimant contends that the County of Contra Costa is 26 negligent for the following reasons: 27 1 . Failure to properly design, construct and/or maintain 28 he Port Chicago Highway at, or about, the location where the LAW OFFICES OF \7ARRACCINI R-11111"I'ti - 2 - 1225 ALPINE RD..STE.204 WALNUT CREEK,CA 94596 1 accident occurred; 2 2. Failure to provide adequate traffic warning signs 3 and/or signals at or about the location where the accident occurred; 5 3. Failure to provide adequate roadway shoulders at or about the location where the accident occurred; 7 4. Failure to post a safe speed limit at or about the 8 location where the accident occurred; 9 5. Failure to provide a designated bike way, including 10 bike path, bike lane, and/or bike route at or about the location 11 where the accident occurred; 12 6. Failure to provide adequate lane width for eastbound 13 and westbound traffic at or about the location where the accident 14 occurred; 15 7. Failure to provide adequate street lighting at or 16 about the location where the accident occurred; 17 8. Failure to provide a safe bicycle route for claimant. 18 Claimant contends such negligence on the part of the 19 County of Contra Costa, and its unknown employees, substantially -)0 contributed to the collision and the injuries and damages sustained 21 by claimant. 22 The individual and combined amount of claimant' s claims 23 exceed $10,000.00. Jurisdiction over said claims rests with the 24 Superior Court, in and for the County of Contra Costa. 25 Dated: June 10, 1992. LAW OFFICES OF MARRACCINI & BUTTS 26 27 By CLYDE I. B TS 28 Attorneys for Claimant LAW OFFICES OF _ 3 MARRACCINI R-HUYI'1 1225 ALPINE RD..STE.204 WALNUT CREEK,CA 94596 1 PROOF OF PERSONAL SERVICE 2 I declare that : 3 I am employed in Contra Costa County, State of i California; I am over the age of eighteen years and am not a party 5 to the within-entitled action; my business address is: Law Offices of Marraccini & Butts, 1225 Alpine Road, Suite 204, Walnut 7 Creek, California 94596. 8 On June 12, 1992, I served the below document( s) on the 9 interested parties in said action, by personally delivering a true 10 copy thereof as follows: 11 DOCUMENT(S) DELIVERED: 12 CLAIM FOR PERSONAL INJURIES 13 DELIVERED TO: 14 COUNTY OF CONTRA COSTA Board of Supervisors 15 651 Pine St. , Rm. 106 Martinez, CA 94553 16 I declare, under penalty of perjury under the laws of the 17 State of California that the foregoing is true and correct. 18 Executed at Walnut Creek, California, on June 12, 1992. 19 0 21 CLYDE I. BUTTS 22 23 24 25 26 27 28 LAW OFFICES OF MA RRACCINI FHI'.I-1.ti . 1225 ALPINE RD..STE.204 WALNUT CREEK.CA 94596 CLAIM •O BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed. by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT y q and Board Action. All Section references are to ) The copy of this document mailed to yous your• notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: STATE. FARM INSURANCE COMPANIES/STEVENSON, Henry ATTORNEY: Frank Welsh Sr . Claim Representative Date received ADDRESS: p .0. Box 2357 BY DELIVERY TO CLERK ON June 15 , 1992 Antioch, CA 94531-2357 BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 19 , 1992 IVIL BAATTCHELOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) This claim complies substantially with Sections 910 and 910.2. This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: /1 Z �Z BY: �JC > . J�. Deputy County Counsel . U \U- 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD OR ER: 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: J U L 14 1992 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code sects 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the wail 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. FOR ADDTTTONAL WARNING SEE REVERSE SIDE OF THIS NOTICE 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 ropy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: JUL 17 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator ADDITIONAL WARNING This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that atay apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. t NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM T0: State Farm Insurance Companies Attn: Frank Welsh P.O. Box 2357 Antioch, California 94531-2357 Re: Claim of , Henry Stevenson Claim # 05-0252-743 Please Take Notice As Follows : The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: 1 . The claim fails to state the name and post office address of the claimant. 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. XX3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. 4 . The claim fails to state the name(s) of the public employee(s ) causing the injury, damage, or loss, if known . x5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. 6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WEST County Counsel By: LDANA Deputy-(-( unty Counsel CERTIFICATE OF SERVICE BY MAIL; C.C.P. SS 1012, 1013a, 2015. 5: Evid. C. SS 641, 6641 My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Boat 69, Martinez, California, 94553, and I am a citizen of the United States, over 18 ,years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: June 23, 1992 , at Martinez, California. cc: Clerk of the Board cf Supervisors (or Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910. 2 920. 41 910. 8) STATE FARM State Farm Insurance Companies INSURANCE 2213 Buchanan Road,Suite 112 Antioch,California 94509 June 11, 1992 RECEIVED Mail: P.O.Box 2357 Antioch,California 94531-2357 Contra Costa County JUN 1 51992 Jeff Belleci (driver) Phone: (510)779-2900 651 Pine St. CLERK BOARD OF SU SORS Martinez, CA 94553 CONTRA COSTA CO. RE: Claim :lumber: :..05.-02.52-74,3 Date of Loss: May 3 , 1992 Our Insured: Henry Stevenson Dear Sirs: Our insured has reported the above-captioned loss to us. The facts, as reported, indicate that you are responsible for this accident and the resulting damages. The repairs to our insured's vehicle have not been completed to date, so we do not know the total amount of our subrogation claim at this time. If you have insurance, please send this letter to your insurance company. Please ask them to contact us to confirm that they are handling this loss on your behalf. If you do not have insurance, please contact me. Once the final repair cost has been determined, we will notify you of the amount due. Sin der ly, Frank Welsh Sr. Claim Representative (510) 779-2916 State Farm Mutual Automobile Insurance Company FW/km cc: Agent 2813 HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001 z6a Jnr Z 3L 'r CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT v 11 and Board Action. All Section references are to ) The copy of this document mailed to you i5 your'nofice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANTTURI , Dorothy M. ATTORNEY: Brent K. Nomura, Esq . Smith, Merrill & Peffer Date received ADDRESS: Two Annabel Lane, Suite 200 BY DELIVERY TO CLERK ON June 15 , 1992 San Ramon, CA 94583 BY MAIL POSTMARKED: June 12 , 1992 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. June 19 1992 PpHHIL BATCHELOR, Clerk e DATED: BY: Deputy (I 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: 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 (V1 This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: `'UL 14 1992 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. codes tion 3) Subject to certain exceptions, you have only six (6) months from t e date this notice was personally served or deposited in the wail 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. FOR ADDITTONAL WARNING SEE REVERSE SIDE OF THIS NOTICE. 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: JUL 17 1992 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator J. r ADDITIONAL WARNING This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. RECEIVED LAW OFFICES OF JUN 151992 SMITH. MERRILL & PEFFER BISHOP RANCH BUSINESS PARK _ TWO ANNABEL LANE, SUITE 200 CLERK BOARD OF SUPERVISORS STANLEY A. FISHMAN POST OFFICE BOX 10 CONTRA COSTA CO. JON M. ISHIBASHI SAN RAMON, CALIFORNIA 94583-0010 (510) 866-1000 BRYAN SEAN MCKOWN CHARLES E. MERRILL FACSIMILE KARL MOLINEUX BRENT K. NOMURA (SIO) 8.30-8787 H RAY PEFFER KENNETH W. PRITIKIN June 12, 1992 MICHAEL J. RADIN CHRISTOPHER J. RILLO DANA DUMAS SANKARY DAVID H. SMITH MARY B. YUDIEN VIA CERTIFIED MAIL RETURN RECEIPT #P 887 536 017 Clerk of Board of Supervisors 651 Pine Street Martinez, CA 94553 Attn: City Clerk Re: Claim of: Dorothy M. Turi Against: Contra Costa County Our File No. : 8308-00 Dear Clerk: Enclosed please find the claim of Dorothy M. Turi against the County of Contra Costa with one duplicate. Please provide a filed endorsed stamped copy of the Claim and return it in the enclosed self-addressed stamped envelope. Please also be advised that I have been contacted by Milt Kubicek and Ronald Babst and they are hoping to work out a settlement with Mrs. Turi. Very truly yours, M TH, MERRILL, MAZER & PEFFER rent K. Nomura Enclosure cc: Client DE061292T:\TR\TURI\CLERK.611 RECEIVED 1 CLAIM AGAINST COUNTY OF CONT C 2 jM 1 51992 3 1. Name and Post Office Address of Cl ARD OF SUPERVISORS CONTRA COSTA CO. 4 Dorothy M. Turi 1452 Paseo Nogales 5 Alamo, CA 94507 6 2. Post Office Address To Which Notices Are to be Sent. 7 Brent K. Nomura, Esq. SMITH, MERRILL & PEFFER 8 Two Annabel Lane, Suite 200 San Ramon, California 94583 9 3 . Date, Place and Circumstances of Occurrences Giving Rise 10 to Claim Asserted. 11 On or about April 6, 1992, contractors acting on behalf of Contra Costa County Flood Control and Water Conservation District 12 and the Army Corp of Engineers trespassed on Ms. Turi 's property and with the use of heavy equipment cut a road into the hillside 13 of the backyard of Ms. Turi 's property. At no time whatsoever had Ms. Turi ever authorized or permitted any employees, contractors 14 or other agents of Contra Costa County Flood Control and Water Conservation District or the Army Corp of Engineers to enter upon 15 her property. In addition, the contractors drilled holes on her property for testing purposes. 16 After the contractors realized that they did not have 17 permission or authority to enter on Ms. Turi 's property, they attempted to replace the dirt that had been cut away for the road. 18 Ms. Turi 's property has been damaged by the County's actions and may be subject to further erosion due to the manner in which the 19 soil was replaced. In addition, this entire event caused Ms. Turi emotional distress. 20 4 . General Description of Obligation, Injury, Damage or 21 Loss Incurred. 22 Real property damage, personal injury, including without limitation emotional distress, medical expense. 23 5. Name or Names of Public Employee or Employees Causing 24 the Injury, Damage or Loss. 25 The following County employees may have knowledge regarding the accident: 26 Bill Fernandez, Milton Kubicek, Ron Babst. 27 28 1 1 6. The Amount of Claim is Not Known. 2 The amount of the claim is not presently known, jurisdiction over the claim would rest in the Superior Court. 3 7. Person Filing on Behalf of Claimant. 4 Brent K. Nomura, Esq. 5 SMITH, MERRILL & PEFFER Two Annabel Lane, Suite 200 6 San Ramon, California 94583 7 Respectfully Submitted: 8 Dated: June 12 , 1992 9 SMITH, M. ILL & PEFFER 10 11 By: Brent K. Nomura 12 Attorney for Claimant Dorothy M. Turi 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 PROOF OF SERVICE BY MAIL 2 STATE OF CALIFORNIA 3 COUNTY OF CONTRA COSTA 4 I, Deborah Peaslee, hereby declare: 5 I am employed in the County of Contra Costa, State of California in the office of a member of the bar of this court at 6 whose direction the following service was made. I am over the age of 18 and not a party to the within action. My business address 7 is: Smith, Merrill & Peffer, Two Annabel Lane, Suite 200, P.O. Box 10, San Ramon, California 94583 . 8 I am personally and readily familiar with the business 9 practice of Smith, Merrill & Peffer for collection and processing of correspondence for mailing with the United States Postal 10 Service, pursuant to which mail placed for collection at designated stations in the ordinary course of business is 11 deposited the same day, postage prepaid, with the United States Postal Service. 12 On June /a , 1992, I served the foregoing document described 13 as Claim Against County of Contra Costa on the interested parties in this action by placing a true copy thereof, on the above date, 14 enclosed in a sealed envelope addressed as follows: 15 Clerk of Board of Supervisors 651 Pine Street 16 Martinez, CA 94553 17 I declare under penalty of perjury under the laws of the 18 State of California that the above is true and correct, and that 19 this declaration was executed on June la, 1992 , at San Ramon, 20 California. 21 22 DEBORAH PEASLEE 23 24 25 26 27 28 DE061292T:\TR\TURI\CLA1M.611 3 v4°p4po a � �a ca �. IDagpaQ 1 �al�9aa Dd � tibs O w 0110 ua x ti O 6, o m u �(d 0 Al . un 'y i o o t t 36 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 14 , 1992 and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unspecified Section 913 and 915.4. Please note all "warnings". CLAIMANT: VALLEY DISPOSAL SERVICE, INC . /FIORENTINO, Francise ATTORNEY: Brian C . Bunger Folger & Levin Date received June 15 , 1992 ADDRESS: 275 Battery Street , 23rd F10016Y DELIVERY TO CLERK ON San Francisco, CA 94111 BY MAIL POSTMARKED: June 12 , 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel . Attached is a copy of the above-noted claim. p�{ gg CL DATED: T„n a 1 A 1 A 9 2. BY IL DeputyLOR, Clerk o 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: G, L 2192— BY: S. Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: By unanimous vote of the Supervisors present (V) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: J U L 14 1992 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code sec 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. FOR ADDITIONAL WARNING SEE REVERSE SIDE OF THIS NOTICE 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: J U L 1 7 1992 BY: PHIL BATCHELOR Deputy Clerk CC: County Counsel County Administrator ADDITIONAL WARNING This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of 'its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. F O L G E R & L E V I N Embarcadero Center West Los Angeles Office: 275 Battery Street,23rd Floor The Union Bank Building San Francisco,California 94111 1900 Avenue of the Stars,28th Floor Telephone(415)986-2800 Los Angeles,California 90067 A T T O R N E Y S A T L A W Telecopier(415)986.2827 Telephone(310)556.3700 EIVrcD June 12, 1992 l 5 `992 CLERIC BOARD OF SUPERVISORS CONTRA COSTA CO. JUN BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED Clerk of the Board County of Contra Costa 651 Pine Street Martinez, CA 94553 Re: Presentation of Claims Pursuant to California Government Code §§ 905.2 and 910 Dear Sir or Madam: Folger & Levin, on behalf of Valley Disposal Service, Inc. , a dissolved California corporation, and Francise Fiorentino, an individual (referred to hereinafter collectively as "Claimants") , hereby presents the following claims to the County of Contra Costa and its various departments, offices and operations, and the public employees and agents of the County of Contra Costa (collectively referred to hereinafter as the "County") , pursuant to Sections 905.2 and 910 of the California Government Code, Cal. Gov't Code §§ 905.2 and 910 et sect. By presenting these claims, Claimants in no way admit that the subject matter of the claims stated herein requires Claimants to present these claims. I. Name and Address of Claimants: Valley Disposal Service, Inc. and Francise Fiorentino c/o Brian C. Bunger Folger & Levin 275 Battery Street, 23rd Floor San Francisco, CA 94111 II. Address for Notices: Michael A. Kahn Scott W. Bowen Brian C. Bunger Folger & Levin 275 Battery Street, 23rd Floor San Francisco, CA 94111 Presentation of Claims F O L G E R & L E V 1 N June 12, 1992 Page 2 III. Date, Place and Circumstances of Occurrences Giving Rise to Claims Asserted: Claimants have been served with a complaint filed in the United States District Court for the Northern District of California, naming Claimants, among others (including the County) , as defendants in an action brought by the Acme Landfill Corporation (referred to hereinafter as "Acme") . Claimants have also been served with Acme's First Amended Complaint (referred to hereinafter as the "Complaint") . A copy of the Complaint is attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full. Claimants are informed and believe that the County has also been served with the Complaint. The Complaint involves allegations related to the Acme Landfill located in Martinez, in the unincorporated portion of Contra Costa County, California, which was and is a facility for the disposal of wastes. Claimants are informed and believe that plaintiff's true name is Acme Fill Corporation and that the Complaint will soon be amended to reflect plaintiff's true name. The Complaint alleges that Claimants, among others (including the County) , are liable for the costs of implementing and completing a closure/post-closure plan for the landfill as responsible parties under the Comprehensive Environmental Response, Compensation & Liability Act ("CERCLA") 42 U.S.C. § 9601 et sect. In addition, Claimants have been served with numerous cross-claims (referred to hereinafter collectively as the "Cross- Claims") asserted by other defendants (referred to hereinafter collectively as the "Cross-Plaintiffs") named in the Complaint. Attached hereto as Exhibit B is a list of the Cross-Plaintiffs which have asserted Cross-Claims against Claimants. Claimants are informed and believe that the County has also been served with all of the Cross-Claims and named as a cross-defendant in most of the Cross-Claims. The Cross-Claims allege that if the allegations of the Complaint are true, then Claimants are liable to Cross-Plaintiffs for contribution pursuant to CERCLA Section 113 (f) (1) , 42 U.S.C. § 9613 (f) (1) . One or more of the Cross- Claims also alleges that Claimants are liable on certain state law theories, including breach of implied contract, contractual indemnity, negligence, nuisance, attorneys' fees under California Code of Civil Procedure § 1021. 6, and seek a declaratory judgment that Claimants, among others, are obligated to indemnify, hold harmless and release the cross-plaintiff from any and all claims arising out the occurrences alleged in Acme's Complaint. Presentation of Claims F O L G E R & L E V 1 N June 12, 1992 Page 3 Claimants assert that they are entitled to full indemnity (or, if full indemnity is not granted, to partial indemnity or contribution) from the County should Claimants incur any liability as a result of any or all of the claims and cross- claims referred to herein. Claimants contend that they are not liable for any of the events or occurrences alleged in the Complaint or Cross-Claims referred to herein, and Claimants deny that they are responsible or liable for any of the damages or other relief requested in the Complaint and Cross-Claims. IV. General Description of Claimant's Damages: As set forth above, the Complaint referred to herein names Claimants as defendants and seeks to recover damages allegedly incurred in connection with the implementation and completion of the closure/post-closure plan for the North Parcel of the Acme Landfill. Claimants contend that they are not liable for any of the events or occurrences alleged in the Complaint or Cross-Claims referred to herein, and deny all responsibility and liability for any of the damages or relief requested therein. In the event that Claimants are required to pay any costs and/or damages as a result of any or all of claims asserted in the Complaint and Cross-Claims referred to herein, Claimants will be damaged in an amount equal to such costs and/or damages. Claimants also have incurred and will continue to incur attorneys' fees, costs, and other expenses associated with defending the claims asserted by Acme and the Cross-Plaintiffs in the Complaint and Cross-Claims referred to herein. Claimants are entitled to recover these attorneys' fees, costs, and other expenses under California law, including California Code of Civil Procedure § 1021. 6. Based upon the foregoing, Claimants hereby present to the County these administrative claims, the amount of which includes: (1) the full amount of liability, if any, which may be imposed on Claimants in the Complaint and Cross-Claims described herein; and (2) the full amount of Claimants' attorneys' fees, costs, and other expenses associated with defending Acme's and Cross-Plaintiffs' claims. V. Identity of Public Employees Causing Damage: Claimants are as yet unaware of the names of employees of County who may have caused or contributed to the damages alleged herein. Presentation of Claims F O L G E R & L E V I N June 12, 1992 Page 4 VI. Amount of the Claim: As set forth above, with the exception of attorneys' fees, costs, and other expenses incurred to date, the amount of the claims by Claimants against the County are contingent upon Claimants' being found liable for all of or a portion of the costs and/or damages alleged in the Complaint and Cross-Claims referred to herein. Because Acme and Cross-Plaintiffs seek to impose on Claimants an as yet unspecified monetary liability, Claimants currently are unable to quantify the amount they seek in these claims. Claimants are informed and believe, however, and upon that basis allege, that jurisdiction over these claims would rest in the Contra Costa County Superior Court for the State of California were they asserted in State Court. These claims are submitted by the undersigned on behalf of Claimants, and the undersigned is authorized by Claimants to sign and submit such claims. Unless amended by Claimants, we will anticipate your response to these administrative claims within 45 days pursuant to Section 912.4 of the California Government Code, Cal. Gov't Code § 912 .4. Very truly yours, Brian C. Bunger Folger & Levin Attorneys for Valley Disposal Service, Inc. and Francise Fiorentino BCB:mj Enclosures 33075\8001\0066bcb.ltr PROOF OF SERVICE BY MAIL F O L G E R & L E V I N I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is that of Folger & Levin, 275 Battery Street, 23rd Floor, San Francisco, as set forth on the first page of the document to which this Proof of Service by Mail is attached. I served the below listed document described as: Presentation of Claims on June 12, 1992, on all other parties to this action by placing an original of the above document enclosed in a sealed envelope addressed as follows: Clerk of the Board County of Contra Costa 651 Pine Street Martinez, CA 94553 I placed such envelope with postage thereon fully prepaid for deposit, by certified mail, return receipt requested, in the United States mail in accordance with the office practices of Folger & Levin for collecting and processing correspondence for mailing with the United States Postal Service. I am familiar with the office practices of Folger & Levin for collecting and processing correspondence for mailing with the United States Postal Service, which practice is that when correspondence is deposited with the Folger & Levin personnel responsible for delivering correspondence to the United States Postal Service, such correspondence is delivered to the United States Postal Service that same day in the ordinary course of business. Executed on June 12 , 1992 at San Francisco, California. I declare under penalty of perjury that the above is true and correct. Maureen J 33075\8001\0002mi.pos EXHIBIT A r l -THC''-':d.Y50 01/22/'92-lm ar ORIGINAL E DL 1 THOMAS H. CLARKE, JR. , STATE BAR NO. 047592 ROPERS, MAJESKI, KOHN, 2 BENTLEY, WAGNER & KANE JAN 2 3 1"2 1001 Marshall Street 3 Redwood City, California 94063 RICHARD W. WIEKING (415) 364-8200 CLERK, �' ;. ,:;TR;:T COURT 4 N6��F1E�N CISH;;;C;0.CP,L!FORNIA Attorneys for Plaintiff 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 ACME LANDFILL CORPORATION, ) Case No. C 91 4268 SBA: 10 ) Plaintiff, ) 11 ) FIRST AMENDED COMPLAINT V. ) 1. -.CERCLA 12 ) 2. BREACH OF CONTRACT ALTHIN CD MEDICAL, INC. , ) 3 . INVERSE CONDEMNATION 13 CENTRAL CONTRA COSTA SANITARY ) 4. INJUNCTIVE RELIEF DISTRICT, EXXON CORPORATION, ) 14 GENERAL CHEMICAL CORPORATION, ) ALLIED SIGNAL, INC. , NEW ) (DEMAND FOR JURY TRIAL] 15 HAMPSHIRE OAK, INC. , NHO, INC. , ) LOUISIANA-PACIFIC CORPORATION, ) 16 ROHM AND HAAS COMPANY, SHELL ) OIL COMPANY, TOSCO CORPORATION, ) 17 USX CORPORATION, CONTRA COSTA ) COUNTY, CITY OF ANTIOCH, CITY ) 18 OF BENICIA, CITY OF CLAYTON, ) CITY OF CONCORD, TOWN OF ) - 19 DANVILLE, CITY OF LAFAYETTE, ) CITY OF MARTINEZ, TOWN OF ) 20 MORAGA, CITY OF ORINDA, CITY OF ) PLEASANT HILL, CITY OF SAN ) 21 RAMON, CITY OF WALNUT CREEK, ) CONCORD DISPOSAL SERVICE, INC. , ) 22 FRANCISE FIORENTINO, MARTINEZ ) SANITARY SERVICE, BOYD M. ) 23 OLNEY, JR. , ORINDA-MORAGA ) DISPOSAL SERVICE, INC. , VALLEY ) 24 DISPOSAL SERVICE, INC. , SAWDCO, ) INC. , VALLEY WASTE MANAGEMENT, ) 25 INC. , WASTE MANAGEMENT OF ) CALIFORNIA, INC. , WASTE ) 26 MANAGEMENT OF NORTH AMERICA, ) INC. , WASTE MANAGEMENT, INC. , ) 27 TIDEWATER OIL COMPANY, PHILLIPS ) PETROLEUM COMPANY, MT. VIEW j 28 ) LAW OMCFs Ropemmajea kroh4 B`^tlw Wa FIRST AMENDED COMPLAINT Corpaauon Page 1 1001 Marshall Suva Redwood City,G 44063 (415)1648200 THCO&W50 01/22/92-1m 1 SANITARY DISTRICT, RODEO ) SANITARY DISTRICT, ) 2 Defendants. 3 I. FIRST CAUSE OF ACTION: CERCLA 4 [All Defendants] 5 A. INTRODUCTION 6 1. Plaintiff, ACME LANDFILL CORPORATION (hereinafter 7 "ACME") , is a California corporation which is located at the end 8 of Waterbird Way, Martinez, California, in the unincorporated 9 portion of Contra Costa County. ACME has engaged, since the early 10 1950 's, in the business of solid waste management, providing 11 refuse disposal services for businesses, residences and public 12 entities primarily located in Contra Costa County. 13 2. ACME's landfill consists of three (3) areas used or 14 formerly used for the disposal of solid and hazardous waste. 15 These areas are known as the "north", "south", and "east" parcels. 16 The First Cause of Action focuses solely on the 125-acre segment 17 known as the North Parcel, which ceased to accept hazardous wastes 18 in 1987_,. _.and ceased to accept household hazardous waste in 1989. 19 3 . ACME has a closure/post-closure plan for the North 20 Parcel which ACME is required by law and administrative order to 21 implement. The plan has been approved with modifications by a) 22 all relevant agencies of the State of California, and b) the U.S. 23 Environmental Protection Agency. The Complaint herein seeks to 24 recover the cost of implementing and completing said closure/post- 25 closure plan from the Responsible Parties whose hazardous wastes 26 were deposited in the North Parcel; ACME does not have the 27 financial resources necessary to implement and complete the 28 closure/post-closure plan. LAW OFFICES RopemmajetiKohm Be+tler.Wagoer&run FIRST AMENDED COMPLAINT A Pro(eu mal C«7- Page 2 1001 Mlmhall sueec Redwood Ciry,CA 94063 (415)364 8200 T14dEX.W50 01/22/92-Lm 1 B. JURISDICTION AND VENUE 2 4 . This Court has jurisdiction pursuant to 42 U. S.C. 3 §9613 (b) as a result of claims under CERCLA. 4 5. venue is proper in this District pursuant to 42 U. S.C. 5 §9613 (b) in that the hazardous substances and wastes are located 6 in this District, the threatened release exists in this District, 7 and numerous Defendants, as noted hereinafter, are located within 8 this District. 9 C. THE RESPONSIBLE PARTIES 10 6. On information and belief, plaintiff alleges that 11 defendant ALTHIN CD MEDICAL, INC. (hereinafter "ALTHIN") is a 12 Delaware corporation, and at all times relevant herein was 13 actively engaged in business in California. ALTHIN has acquired 14 that business entity formerly known as "Cordis Dow Corporation" 15 and "CD Medical, Inc. " 16 7. On information and belief, plaintiff alleges that 17 defendant CENTRAL CONTRA COSTA SANITARY DISTRICT (hereinafter 18 "CCCSD")-.- is a sanitary district organized under the laws of the 19 State of California. Its principal headquarters is located in 20 Martinez, California. 21 8 . On information and belief, plaintiff alleges that 22 defendant EXXON CORPORATION (hereinafter "EXXON") is a New Jersey 23 corporation, and at all times relevant herein was actively engaged 24 in business in California. 25 9 . On information and belief, plaintiff alleges that 26 Defendant GENERAL CHEMICAL CORPORATION (hereinafter "GCC-CAL") , 27 located in Pittsburg, California, was at all relevant times 28 actively engaged in business in California. Also on information LAW OFFICES Ropen,Majes4Kohn, genUry,Wagner&Kane FIRST AMENDED COMPLAINT A Professional Corporation Page 3 1001 Marshall Street Redwood Gry,CA 94063 (415)3648200 THCOEx M - 01/22/92-1m 1 and belief, plaintiff alleges that up to approximately 1985, 2 defendant CCG-CAL was a wholly owned, controlled and managed 3 division of defendant ALLIED-SIGNAL, INC. (hereinafter "ALLIED") , 4 a Delaware corporation which at all relevant times was actively 5 engaged in business in California. Also on information and 6 belief, plaintiff alleges that following approximately 1985, 7 defendant GCC-CAL was at all times relevant a wholly owned and 8 controlled branch of GENERAL CHEMICAL CORPORATION located in 9 Parsippany, New Jersey (hereinafter "GCC-NJ") ; defendant GCC-NJ 10 was at all times relevant incorporated in New Jersey, was actively 11 engaged in business in California and was a wholly owned, 12 controlled and managed subsidiary of defendant NEW HAMPSHIRE OAK, 13 INC. (hereinafter "NEW HAMPSHIRE") ; defendant NEW HAMPSHIRE was at 14 all times relevant actively engaged in business in California and 15 a wholly owned, controlled and managed subsidiary of NHO, INC. 16 (hereinafter "NHO") ; defendant NHO is the parent holding 17 corporation for defendants GCC-CAL, GCC-NJ, and NEW HAMPSHIRE and 18 was at- all times relevant actively engaged in business in 19 California. Defendants GCC-CAL, GCC-NJ, NEW HAMPSHIRE, NHO and 20 ALLIED are hereinafter collectively referred to as "GCC" . 21 10. On information and belief, plaintiff alleges that 22 defendant LOUISIANA-PACIFIC CORPORATION (hereinafter "LPC") is a 23 Delaware corporation, and at all times relevant herein was 24 actively engaged in business in California. 25 11. On information and belief, plaintiff alleges that 26 defendant PHILLIPS PETROLEUM COMPANY (hereinafter "PPC") is a i 27 Delaware corporation, and at all time relevant herein was actively 28 engaged in business in California. LAW OFFICES Ropers,Majeeti,Kohn, Benuey,Wagner&Kane FIRST AMENDED COMPLAINT A Professional Corporauon Page 4 1001 Marshall Street Redwood City,CA 94063 (415)364-8200 ' THCOEX.Y50 01/22/92-1m 1 12 . On information and belief, plaintiff alleges that 2 defendant ROHM AND HAAS COMPANY (hereinafter "R&H") is a Delaware 3 corporation, and at all times relevant herein was actively engaged 4 in business in California. 5 13 . On information and belief, plaintiff alleges that 6 defendant SHELL OIL COMPANY (hereinafter "SHELL") is a Delaware 7 corporation, and at all times relevant herein was actively engaged 8 in business in California. 9 14 . On information and belief, plaintiff alleges that 10 defendant TIDEWATER OIL COMPANY (hereinafter "TOC") is a Delaware 11 corporation, and at all times relevant herein was actively engaged 12 in business in California. 13 15. On information and belief, plaintiff alleges that 14 defendant TOSCO CORPORATION (hereinafter "TOSCO") is a Nevada 15 corporation, and at all times relevant herein was actively engaged 16 in business in California. 17 16. On information and belief, plaintiff alleges that 18 defendant USX CORPORATION (hereinafter "USX") is a Delaware 19 corporation, and at all times relevant herein was actively engaged 20 in business in California. USX was formerly known as "U. S. Steel 21 Company" . 22 17 . On information and belief, plaintiff alleges that 23 defendant CONTRA COSTA COUNTY (hereinafter "CCC") is a political 24 subdivision of the State of California. The County government is 25 located in Martinez , California. 26 18 . On information and belief, plaintiff alleges that 277 defendant CITY OF ANTIOCH (hereinafter "ANTIOCH") is a municipal LAW OFFICESo Ropers,Majeski,Kohn, Bentley,Wagner&Kane FIRST AMENDED COMPLAINT A Professional Corporation Page 5 1001 Marshall Street Redwood City,CA 94063 (415)364.8200 THCOEX.Y50 01/22/92-Lm 1 entity, commonly known as a City, which is located in Contra Costa 2 County. 3 19. On information and belief, plaintiff alleges that 4 defendant CITY OF BENICIA (hereinafter "BENICIA") is a municipal 5 entity, commonly known as a City, which is located in Solano 6 County. 7 20. On information and belief, plaintiff alleges that 8 defendant CITY OF CLAYTON (hereinafter "CLAYTON") is a municipal 9 entity, commonly known as a City, which is located in Contra Costa 10 County. 11 21. On information and belief, plaintiff alleges that 12 defendant CITY OF CONCORD (hereinafter "CONCORD") is a municipal 13 entity, commonly known as a City, which is located in Contra Costa 14 County. 15 22 . On information and belief, plaintiff alleges that 16 defendant TOWN OF DANVILLE (hereinafter "DANVILLE") is a municipal 17 entity, commonly known as a City, which is located in Contra Costa 18 County -- 19 23 . On information and belief, plaintiff alleges that 20 defendant CITY OF LAFAYETTE (hereinafter "LAFAYETTE") is a 21 municipal entity, commonly known as a City, which is located in 22 Contra Costa County. 23 24 . On information and belief, plaintiff alleges that 24 defendant CITY OF MARTINEZ (hereinafter "MARTINEZ") is a municipal 25 entity, commonly known as a City, which is located in Contra Costa 26 County. 27 25 . On information and belief, plaintiff alleges that 28 defendant TOWN OF MORAGA (hereinafter "MORAGA") is a municipal LAW OFFICES Ropers,Majeski,Kohn, BenUry,Wagner&Kane FIRST AMENDED COMPLAINT A Professional Corpond.on Page 6 1001 Marshall Street Redwood City,CA 94063 - (415)364-8200 THLbEX.u50 " 01/22/92-tm 1 entity, commonly known as a City, which is located in Contra Costa 2 County. 3 26. On information and belief, plaintiff alleges that 4 defendant MT. VIEW SANITARY DISTRICT (hereinafter "MVSD") is a 5 sanitary district organized under the laws of the State of 6 California. Its principal headquarters is located in Martinez , 7 California. 8 27 . On information and belief, plaintiff alleges that 9 defendant CITY OF ORINDA (hereinafter "ORINDA") is a municipal 10 entity, commonly known as a City, which is located in Contra Costa 11 County. 12 28 . On information and belief, plaintiff alleges that 13 defendant CITY OF PLEASANT HILL (hereinafter "PLEASANT HILL") is a 14 municipal entity, commonly known as a City, which is located in 15 Contra Costa County. 16 29 . On information and belief, plaintiff alleges that 17 defendant RODEO SANITARY DISTRICT (hereinafter "RSD") is a 18 sanitary--district organized under the laws of the-.State of 19 California. Its principal headquarters is located in Rodeo, 20 California. 21 30. On information and belief, plaintiff alleges that 22 defendant CITY OF SAN RAMON (hereinafter "SAN RAMON") is a 23 municipal entity, commonly known as a City, which is located in 24 Contra Costa County. 25 31. On information and belief, plaintiff alleges that 26 defendant CITY OF WALNUT CREEK (hereinafter "WALNUT CREEK") is a 27 municipal entity, commonly known as a City, which is located in 28 Contra Costa County. LAW OFFICES RopemMajes4Kohn, Bentley,Wagner a Kane FIRST AMENDED COMPLAINT A Professional Corporation Page 7 1001 Marshall Street Redwood City,CA 94063 (415)3648200 THCOEX.W50 01/22/92-1m 1 32 . On information and belief, plaintiff alleges that 2 defendant CONCORD DISPOSAL SERVICE, INC. (hereinafter "CDS") is a 3 California corporation, and at all times relevant herein was 4 actively engaged in the waste business in California. Its 5 principal place of business is located in Concord, California. 6 33 . On information and belief, plaintiff alleges that 7 defendant FRANCISE FIORENTINO (hereinafter "FF") is a citizen of 8 California, and was the President of and a major shareholder in a 9 now dissolved California corporation known as "Valley Disposal 10 Service, Inc. " , which was engaged in the waste business in 11 California. FF was personally responsible for directing its 12 activities and the management of its day-to-day operations at all 13 times relevant. There was a substantial identity between FF and 14 the corporate entity known as VDS. The principal place of 15 business of VDS was Walnut Creek, California, and FF currently 16 resides in Contra Costa County. 17 34 . On information and belief, plaintiff alleges that 18 defendant MARTINEZ SANITARY SERVICE (hereinafter '-'MSS") is a 19 California corporation, and at all times relevant herein was 20 actively engaged in business in California. Its principal place 21 of business is located in Martinez, California. 22 35. On information and belief, plaintiff alleges that 23 defendant BOYD M. OLNEY, JR. (hereinafter "PHBD") is a citizen of 24 California, and at all times relevant herein was actively engaged 25 in the waste business in California under the dba of "Pleasant 26 Hill Bayshore Disposal" , a sole proprietorship, the assets of 27 which have been sold and the sole proprietorship terminated. His 28 LAW OFFICES Ropers,M ajeski,Kohn, BeriftWagner&Kane FIRST AMENDED COMPLAINT A professional Corporation Page 8 1001 Marshall Street Redwood City CA 94063 (415)3648200 THC"EX.W50 Ot/22/92-1m 1 principal place of business was located in Pacheco, California. 2 PHBD currently resides in Contra Costa County. 3 36. On information and belief, plaintiff alleges that 4 defendant ORINDA-MORAGA DISPOSAL SERVICE, INC. (hereinafter 110- 5 MDS") is a California corporation, and at all times relevant 6 herein was actively engaged in the waste business in California. 7 Its principal place of business is located in Orinda, California. 8 37 . On information and belief, plaintiff alleges that 9 defendant VALLEY DISPOSAL SERVICE, INC. (hereinafter "VDS") is a 10 dissolved California corporation, and at all times relevant herein 11 was actively engaged in the waste business in California. Its 12 principal place of business was located in Walnut Creek, 13 California. A certificate of dissolution was filed in April, 14 1988. 15 38 . On information and belief, plaintiff alleges as follows. 16 At all times relevant, defendant SAWDCO, INC. (hereinafter 17 "SAWDCO") dba VALLEY WASTE MANAGEMENT was the successor company to 18 VALLEY DISPOSAL SERVICE, INC. ; subsequently, defendant VALLEY 19 WASTE MANAGEMENT, INC. (hereinafter "VWM") was formed, became a 20 wholly owned, managed and controlled division of defendant SAWDCO 21 and conducted the operations of defendant SAWDCO, which is located 22 in Sacramento, California. Defendant VWM was at all times . 23 relevant a wholly owned, managed and controlled subsidiary of 24 defendant WASTE MANAGEMENT OF CALIFORNIA, INC. (hereinafter 25 "WMC") , a California corporation; defendant WMC was at all times 26 relevant a wholly owned, managed and controlled subsidiary of 27 defendant WASTE MANAGEMENT OF NORTH AMERICA, INC. , (hereinafter 28 "WMNA") , an Illinois corporation; defendant WMA was at all times (JAW OFFICFS Ropers,MajesUKohn, aentley,Wepw A Kane FIRST AMENDED COMPLAINT A Fro(euiontl Corporation Page 9 1001 Marshall Street Redwood City,CA 94061 (415)164.8200 THOEX.450 OV22/92-1m 1 relevant a wholly owned, managed and controlled subsidiary of 2 defendant WASTE MANAGEMENT, INC. (hereinafter "WMI") , an Illinois 3 corporation and parent holding company for the above described 4 entities. Plaintiff also alleges on information and belief that 5 defendants SAWDCO, VWM, WMC, WMNA and WMI (hereinafter 6 collectively referred to as 11WM11) were at all relevant times 7 actively engaged in business in California. 8 D. ELEMENTS: CERCLA 9 39. The North Parcel of the ACME landfill is a "facility1#, 10 as defined by 42 U.S.C. -§§9601 et seq. (herein "CERCLA") , and 11 contains hazardous wastes and substances, as defined by CERCLA. 12 These hazardous wastes and substances include, without limitation, 13 methylene chloride, trichloroethane, tetrahydrofuran, acetone, 14 high pH alkaline sludge, lead, sewage sludge, asbestos, selenium 15 and household hazardous wastes. 16 40. The hazardous wastes and substances located within the 17 North Parcel pose a substantial threat of release in that the 18 hazardous wastes and substances have migrated and are migrating 19 through the landfill, which is located next to an estuary. 20 Additionally, the infiltration of rainwater and percolation of 21 water from the estuary into the landfill poses a substantial 22 threat of a release of hazardous wastes and substances into the 23 groundwater beneath the North Parcel facility and into the nearby 24 estuary. 25 41. Plaintiff has incurred, and will continue to incur, 26 substantial costs in evaluating, responding to, and remediating 27 the threatened release of the hazardous wastes and substances 28 contained in the North Parcel. Said costs were incurred and will LAW OMCES RopemM2yed3.Coh4 � � FIRST AMENDED COMPLAINT Capararion Page 10 1001 MaroaO Street Redwood City,CA 94063 THCOEX.Y50 01/22/92-1m 1 be incurred consistent with the National Contingency Plan, and 2 were and are required by the State of California and the U. S. 3 Environmental Protection Agency. As such, these costs are 4 necessary costs of response and remediation within the meaning of 5 CERCLA. Plaintiff 's response and remediation costs currently 6 exceed $500, 000. 7 42 . The implementation of the closure/post-closure plan for 8 the North Parcel will safely contain such wastes and substances 9 and prevent their migration beyond the boundaries of the North 10 Parcel of the ACME landfill and. into adjacent groundwater, rivers, 11 and bays. The implementation of the closure/post-closure plan 12 will additionally safely contain such wastes and substances and 13 prevent their volatization into the air above and about the North 14 Parcel. 15 43 . Defendants ALTHIN, CCCSD, EXXON, GCC, LPC, PPC, R&H, 16 SHELL, TOC, TOSCO, and USX each a person within the meaning of 17 CERCLA, and are each a generator of hazardous wastes and 18 substances contained in the ACME North Parcel. These Defendants 19 generated the hazardous wastes and substances as part of their 20 ongoing operations, and by contract or agreement or otherwise 21 caused, allowed, or permitted these hazardous wastes and 22 substances to be disposed of at the ACME landfill facility. These 23 hazardous wastes and substances are contained in the North Parcel. 24 44. Defendants CCC, ANTIOCH, BENICIA, CLAYTON, CONCORD, 25 DANVILLE, LAFAYETTE, MARTINEZ, MORAGA, MVSD, ORINDA, PLEASANT 26 HILL, RSD, SAN RAMON, and WALNUT CREEK are each a person within 27 the meaning of CERCLA, and are each a generator of hazardous 28 wastes and substances contained in the ACME North Parcel. These LAW OFFICES Ropen,Majes4l(ohn, Bentley,Wagner&Kane FIRST AMENDED COMPLAINT A Profnsional Corporation Page 11 1001 Marshall Street Redwood City,CA 94065 (415)?64.8200 THC?lEX.W50 01/22/92-1m 1 Defendants generated the hazardous wastes and substances as part 2 of their ongoing operations, and by contract or agreement or 3 otherwise caused, allowed or permitted these hazardous wastes and 4 substances to be disposed of at the ACME landfill facility. These 5 hazardous wastes and substances are contained in the North Parcel. 6 45. Defendants CCCSD, FF, VDS, PHBD, WM and O-MDS are 7 persons as defined by CERCLA who by contract, agreement, or 8 otherwise acted in combination to arrange for the transport and 9 for the disposal at the ACME landfill facility of hazardous wastes 10 and substances owned or possessed by them. These hazardous wastes 11 and substances are contained in the North Parcel. 12 46. Defendants ANTIOCH and PHBD are persons as defined by 13 CERCLA who by contract, agreement, or otherwise acted in 14 combination to arrange for the transport and for the disposal at 15 the . ACME landfill facility of hazardous wastes and substances 16 owned or possessed by them. These hazardous wastes and substances 17 are contained in the North Parcel. 18 47 -- Defendants BENICIA and PHBD are persons -as defined by 19 CERCLA who by contract, agreement, or otherwise acted in 20 combination to arrange for the transport and for the disposal at 21 the ACME landfill facility of hazardous wastes and substances 22 owned or possessed by them. These hazardous wastes and substances 23 are contained in the North Parcel. 24 48. Defendants CLAYTON and PHBD are persons as defined by 25 CERCLA who by contract, agreement, or otherwise acted in 26 combination to arrange for the transport and for the disposal at 27 the ACME landfill facility of hazardous wastes and substances 28 LAW OFFICES Ropers,Majealti,Kohn, Bendey,Wagner&Kane FIRST AMENDED COMPLAINT A Professional Corpotadon Page 12 1001 Mara6all Street Redwood City,CA 41063 (415)3648:00 THCOEX,Y50 01/22/92-1m 1 owned or possessed by them. These hazardous wastes and substances 2 are contained in the North Parcel. 3 49. Defendants CONCORD and CDS are persons as defined by 4 CERCLA who by contract, agreement, or otherwise acted in 5 combination to arrange for the transport and for the disposal at 6 the ACME landfill facility of hazardous wastes and substances 7 owned or possessed by them. These hazardous wastes and substances 8 are contained in the North Parcel. 9 50. Defendants MARTINEZ and MSS are persons as defined by 10 CERCLA who by contract, agreement, or otherwise acted in 11 combination to arrange for the transport and for the disposal at 12 the ACME landfill facility of hazardous wastes and substances 13 owned or possessed by them. These hazardous wastes and substances 14 are contained in the North Parcel. 15 151. Defendants MVSD and PHBD are persons as defined by 16 CERCLA who by contract, agreement, or otherwise acted in 17 combination to arrange for the transport and for the disposal at 18 the ACME--landfill facility of- hazardous wastes and substances 19 owned or possessed by them. These hazardous wastes and substances 20 are contained in the North Parcel. 21 52 . Defendants PLEASANT HILL and PHBD are persons as defined 22 by CERCLA who by contract, agreement, or otherwise acted in 23 combination to arrange for the transport and for the disposal at 24 the ACME landfill facility of hazardous wastes and substances 25 owned or possessed by them. These hazardous wastes and substances 26 are contained in the North Parcel. 27 53 . Defendants RSD and PHBD are persons as defined by CERCLA 28 who by contract, agreement, or otherwise acted in combination to LAW OFFICES Roper,Majest;,Kohn, Bendey,Wagner&Kane FIRST AMENDED COMPLAINT A Professional Corporau. n Page 13 1001 Man6all Street Redwood City,CA 94063 . (415)3648200 -1 i:0EX.H50' 01/22/92-1m 1 arrange for the transport and for the disposal at the ACME 2 landfill facility of hazardous wastes and substances owned or 3 possessed by them. These hazardous wastes and substances are 4 contained in the North Parcel. 5 54 . Defendants SAN RAMON, WM, FF and VDS are persons as 6 defined by CERCLA who by contract, agreement, or otherwise acted 7 in combination to arrange for the transport and for the disposal 8 at the ACME landfill facility of hazardous wastes and substances 9 owned or possessed by them. These hazardous wastes and substances 10 are contained in the North Parcel. 11 55. Defendants WALNUT CREEK, FF, WM and VDS are persons as 12 defined by CERCLA who by contract, agreement, or otherwise acted 13 in combination to arrange for the transport and for the disposal 14 at the ACME landfill facility of hazardous wastes and substances 15 owned or possessed by them. These hazardous wastes and substances 16 are contained in the North Parcel. 17 56. Defendants CDS, FF, VDS, MSS, PHBD, WM, and O-MDS are 18 persons--as defined by CERCLA-who accepted hazardous wastes and 19 substances for transport to the ACME landfill, a facility selected 20 by said Defendants for the disposal of said hazardous wastes and 21 substances. These hazardous wastes and substances are contained 22 in the North Parcel. 23 57. Liability under CERCLA [specifically 42 U.S.C. 24 §§9601 (32) and 9607 (a) ] is strict, joint and several liability. 25 Defendants jointly and each of them individually are therefore 26 strictly liable to Plaintiff for the costs incurred and to be 27 incurred caused by the threatened release of the hazardous wastes 28 and substances noted herein. LAW OFFICES Ropers,Majesk:LKohn, Bendey,Wagner At Kane FIRST AMENDED COMPLAINT A Professional Corporation Page 14 1001 Marshall Street Redwood City,CA 94063 (415)3648200 fMCOEX.W50 01/22/92-1m 1 II. SECOND CAUSE OF ACTION: BREACH OF CONTRACT 2 [Defendant CONTRA COSTA COUNTY] 3 58. Plaintiff restates and incorporates by reference herein 4 the allegations contained in paragraphs 1 through 3 , 17, and 39 5 through 42 , above. 6 59. On or about 1989, Plaintiff and Defendant CCC entered 7 into an oral agreement whereby Plaintiff agreed to permit its 8 rates and fees charged to customers for use of Plaintiff 's solid 9 waste interim transfer station to be subject to regulation and 10 review by Defendant CCC in exchange for which Defendant CCC agreed 11 that the rates and fees it would permit Plaintiff to charge at its 12 interim and permanent transfer stations would include a component, 13 among other things, that would permit ACME to recover over a 10- 14 year period the cost of those remediation activities necessary to 15 implement and complete the closure/post-closure plans for the 16 North, South and East Parcels. 17 60. Plaintiff has performed all conditions, covenants, and 18 promises- required of it to be performed in accordance with the 19 terms and conditions of the contract, or such performance has been 20 waived or excused. In reliance upon this agreement, ACME has 21 expended in excess of $400, 000. 22 61. Subsequent to the formation of the oral contract, 23 Defendant CCC breached said agreement by refusing to permit 24 Plaintiff to recover its closure/post-closure costs. 25 62 . Subsequent to the formation of the oral contract, 26 Defendant CCC breached said agreement by seeking to unilaterally 27 modify said contract and impose new and additional terms and 28 conditions totally and completely unrelated to the oral contract LAW OFFICES Ropers,Majeski,Kohn, Bendry,Wagner 6t Kane FIRST AMENDED COMPLAINT A Professional Corporation Page 15 1001 Marshall Street Redwood Ciry,CA 94063 (415)364-6200 T•HCOEX.00 01/22/92-1m 1 previously entered into. Specifically, Defendant CCC sought to 2 force Plaintiff to sell to Defendant CCC and others all permits, 3 rights, approvals, real property, and improvements thereon for the 4 operation of Plaintiff 's permanent solid waste transfer station. 5 Additionally, Defendant CCC sought to force Plaintiff to provide 6 Defendant CCC at no cost with land for other uses unrelated to 7 landfill activities. Defendant CCC has not undertaken any eminent 8 domain proceeding to acquire these properties and business 9 enterprise. 10 63 . Said breach by Defendant CCC has been to Plaintiff's 11 continuing detriment and loss. 12 64 . Additionally, as a proximate result of said breach by 13 Defendant CCC, Plaintiff has been unable to provide those 14 financial assurances required by law to be provided to state and 15 Federal environmental regulatory authorities charged with 16 overseeing the closure and post-closure activities of landfills. 17 Because Plaintiff has been unable to provide such mandated 18 financial assurances, Plaintiff has been threatened with legal 19 action, fines, and penalties, to its continuing detriment and 20 loss. Because of said threats, Plaintiff has been and will 21 continue to be forced to expend funds for legal, accounting, and 22 engineering services directly related to its defense from such 23 threatened legal action. 24 65. Additionally, as a proximate result of said breach by 25 Defendant CCC, Plaintiff may be forced into bankruptcy because of 26 its inability to provide such financial assurances as are required 277 by law and because of the costs and expenses that may derive from LAW OFFICESo Roper•Majesk Kohn, Bendey,Wagner At Kane FIRST AMENDED COMPLAINT A Professional Corporation Page 16 1001 Marshall Street Redvood City,CA 94063 (415)361-9200 THCOEX.W50 01/22/92-1m 1 legal actions, fines, and penalties imposed by environmental 2 regulatory agencies. 3 66. Defendant CCC's wrongful conduct, unless and until 4 enjoined and restrained by order of this Court, will cause great 5 and irreparable injury to Plaintiff as noted. Additionally, the 6 approved closure/post-closure plan cannot be implemented and 7 completed as required of Plaintiff by law and administrative 8 order. 9 67. Plaintiff has no adequate remedy at law for the injuries 10 herein noted in that it is impossible for Plaintiff to determine 11 the precise amount of damages that it will suffer if Defendant 12 CCC's conduct is not restrained. 13 68. Plaintiff will be further damaged in like manner so long 14 as Defendant CCC' s conduct continues. 15 69 . Using data, analyses, and information developed and 16 certified by Touche Ross (now Deloitte-Touche) for Defendant CCC, 17 a fair, reasonable and prudent incremental rate increase at the 18 transfer-station of Plaintiff in the amount of $5-92/ton, or a 19 blended rate based on historical usage which has been determined 20 jurisdiction by jurisdiction, will enable Plaintiff to begin to 21 accumulate those funds necessary to provide appropriate financial 22 assurances required by Federal and state law and to implement the 23 closure/post-closure plan. 24 III. THIRD CAUSE OF ACTION: INVERSE CONDEMNATION [Defendant CONTRA COSTA COUNTY] 25 70. Plaintiff restates and incorporates by reference herein 26 the allegations contained in paragraphs 58 through 69, above. 207 LAW OFFICESO Ropers,MajeskLI(ohn, Bendey,Wagner&Kane FIRST AMENDED COMPLAINT A Professional Corporation Page 17 1001 Marshall Street Redwood City,CA 94063 (415)3648740 r THCOEX.W50 01/22/92-1m 1 71. At all times relevant herein Plaintiff was and is the 2 owner of that real property known as the ACME landfill, and all 3 improvements contained thereon and relevant thereto. 4 72 . Defendant CCC's refusal to allow ACME to recover the 5 costs associated with its closure/post-closure plan, its attempt 6 without justification to force ACME to sell to Defendant CCC and 7 others all permits, rights, approvals, real property, and 8 improvements thereon for the operation of Plaintiff's permanent 9 solid waste transfer station, and its attempt without 10 justification to force ACME to provide land for other uses 11 unrelated to landfill operations have interfered with the 12 substantial use and enjoyment of ACME's property for which 13 Defendant CCC has not compensated Plaintiff. 14 73 . These actions threaten the use and enjoyment of 15 Plaintiff 's above-described property and the viability of the 16 entirety of Plaintiff ' s business enterprise and assets, including 17 its ownership of other real property and assets, which amounts to 18 a taking-and damaging of Plaintiff's property and -assets for which 19 Defendant CCC has not compensated Plaintiff. 20 74. These actions by Defendant CCC have reduced the market 21 value of Plaintiff's property and assets. 22 IV. PRAYER FOR RELIEF 23 WHEREFORE, Plaintiff ACME requests that the Court award it 24 the following relief: 25 First Cause of Action. 26 1. The amount of Plaintiff's response costs, and the cost 277 of all studies and other costs expended and to be expended to LAW OFFICESv Roper%Majeaki,Kobn, Bentley,Wagner&Kane FIRST AMENDED COMPLAINT A Pro[eumal Corporation Page 18 1001 Mar"I Street Redwood City,CA 94063 (415)M4-M TkOEX.Y50 01/22/92-1m 1 investigate the threatened release and to implement and complete 2 the closure/post-closure plan, in an amount to exceed $40 million. 3 2 . The amount of Plaintiff's attorney's fees, legal 4 expenses, court costs, expert witness fees, and all other expenses 5 lawfully incurred and to be incurred in this action. 6 3. Such other and further relief as the Court may deem just 7 and proper. 8 Second Cause of Action. 9 1. For compensatory, consequential and incidental damages 10 in an amount to exceed $40 million. 11 2 . For such prejudgment interest as is just and proper. 12 3 . For legal expenses, court costs, expert witness fees, 13 and all other expenses lawfully incurred and to be incurred in 14 this action. 15 4 . For a temporary restraining order, a preliminary 16 injunction, and permanent injunction, all enjoining Defendant CCC, 17 and its agents, servants and employees, and all persons acting 18 under; -i-n concert with, or for Defendant CCC, from preventing, 19 prohibiting, or restraining Plaintiff from increasing the "tipping 20 fee" at the ACME interim and permanent transfer stations by 21 $5.92/ton, or by a blended rate, and from applying those funds so 22 generated to the implementation of the closure/post-closure plan. 23 5. Such other and further relief as the Court may deem just 24 and proper. 25 Third Cause of Action. 26 1. For damages in an amount to exceed $40 million with 27 interest thereon at the legal rate from the date of the damages. 28 LAW OFFICES Ropers,MajeALKohn, Bentley,Wagner a Kane FIRST AMENDED COMPLAINT A Protewonal Corporation Page 19 1001 Marshall Street Redwood City,CA 94063 (415)364-M TwOEx.u50 01/22/92-im 1 2. The amount of Plaintiff's attorney's fees, legal 2 expenses, court costs, expert witness fees, and all other expenses 3 lawfully incurred and to be incurred in this action. 4 3 . Such other and further relief as the Court may deem just 5 and proper. 6 DATED: January 22, 1992 ROPERS, MAJESKI, KOHN, BENTLEY, WAGNER & KANE 7 8 By 9 Thomas H. Clarke, Jr. Attorneys for Said Plaintiff 10 11 12 13 14 15 16 17 18 - 19 20 21 22 23 24 25 26 27 LAW O"ICESo Ropers,Majeaki,Kohn, Bendey,Waper At Kane FIRST AMENDED COMPLAINT A Pro(euional Corporation Page 20 1001 Marshall Street Redwood City,CA 94063 (415)364-8200 EXHIBIT B EXHIBIT B List of Cross-Plaintiffs Allied-Signal, Inc. Althin CD Medical, Inc. Boyd M. Olney, Jr. Central Contra Costa Sanitary District City of Antioch City of Benicia City of Clayton City of Concord City of Lafayette City of Martinez City of Orinda City of Pleasant Hill Concord Disposal Service, Inc. Exxon Corporation General Chemical Corporation Louisiana-Pacific Corporation Martinez Sanitary Service Mt. View Sanitary District New Hampshire Oak, Inc. NHO, Inc. Orinda-Moraga Disposal Service, Inc. Phillips Petroleum Company Rodeo Sanitary District Rohm and Haas Company SAWDCO, Inc. Shell Oil Company Tidewater Oil Company Tosco Corporation Town of Danville Town of Moraga USX Corporation 33075\$001\0065bcb.lst K�Ill I�a tco�'�° � N J v -. -;-,--;t I, - b` i c Lil tIen W 4 V r V W 144 0 _ O o LO J REM'80 AMENDED �•�j� ! CLAIM JUN 12 1992 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA GOUNN OOVM rALIF . •. '`� � I�INFI C14il„ Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT July 14, 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: $7,635.56 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MC CULLOUGH, William G. Co. ATTORNEY: Frank Williams Date received ADDRESS: P.O. Box 2119 BY DELIVERY TO CLERK ON June 11, 1992 Antioch, CA 94531-2119 BY MAIL POSTMARKED: June 10, 1992 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. CD DATED: dune 12, 1992 PpHHIL BATCHELOR, Clerk J , BY: DeputyAA�OPIA­00 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: G (2 �1Z BY: �� J /J U 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 TVf his Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.JU (;<19 L U L 4 1997 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sec 3) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a 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:_ JUL 17 iy9Z BY: PHIL BATCHELOR b Deputy Clerk CC: County Counsel County Administrator Claim, to: MAttU Uk* ZUYC:KVIZAJttJ Lit "'IAA IJUJ1:A UUUNT1 n�.sTROCT--'ONS To CLAIIvM E t C E I V E D A.. Claims relating to causes of action for death or for injury to persWj11o8j stinal 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 onto 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 5911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 1069 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 WILLIAM G. MCCULLOUGH CO. ) 88 P.O. BOX 2119 ) � � 8 ��® ANTIOCH, CA 94531-2119 ) Against the County of Contra Costa ) JUN 1 11992 or ) __ CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of-$ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) APRIL 21, 1992 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 Hill 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 ori damage? SEE ATTACHED (over) 5., What' are the names of county or district officers, servants or employees causing 'the damage or injury? THE COIiNTY BOARD OF STTPF.RVTSO��_� 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages clafined. Attach two estimates for auto damage. SEE ATTACHED 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) SEE ATTACHED ------------ - ---- - ---- 8. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT SEE ATTACHED Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some on on his behalf." Name and Address of Attorney FRANK WILLIAMS C/O WILLIAM G. MCCULLOUGH CO. la i Is Signature P.O. BOX 2119 ANTIOCH, CA 94531 Ad ss i Telephone No. (510) 757-1394 f Telephone No. 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. i I i The claim previously filed on April 27 , and April 28 , is incorporated herewith by reference into this claim and is attached to this claim . William G. McCullough Co. has been in contact with Contra Costa Council , the Department of Public Works , and the Affirmative Action Officer. Copies were made from County records which reveal that economic pressure on the County to award and have completed both phases of this project or lose up to $300, 000 in matching funds . That this economic pressure applied by the Board of Supervisors to the Public Works Department, caused on April 15, 1992, a memo from Public Works to Affirmative Action Officer (enclosed) to expedite the process . The review by the Affirmative Action Officer led to only one responsible bidder. (Enclosed) . The Board then rejected the recommendation of the Affirmative Action Officer and rejected their own bidding criteria and awarded the contract to a non-responsive bidder . Claimant believes that the Board did this with purpose for economic gain and allowed an unlevel playing field to be created and thereby created an "abuse of discretion" (See Rubinoz , Lolli , 10 cal App. 3d 1059 , 89 , Cal Rptr . 320 ( 1970 ) William G . McCullough Co . acted in good faith to solicit and subcontract to minority business enterprises as outlined in the bid documents and believe the County breached their applied warranty of good faith and fair dealing, by ignoring the recommendations of the Affirmative Action Officer in awarding this contract to a non-responsive bidder, for failing to complete a good faith effect to solicit minority business . William G. McCullough Co . hereby requests that the County reimburse the company for the costs of preparing this bid pursuant to item 9 in the claim form. AFR_22_19 +2 08:14 FROM C.C.C.PUBLIC•WORKS• TO 964E2547 P.02 • i I ' I PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: April 15, 1992 TO: Emma Kuevor, Affirmative Action Officer, County Administrator's Office FROM: NAlaurice E. Mitchell, Deputy Public Works Director SUBJECT: Award of Contract to Construct the DA29H Lines A & A-1 Project I There are several reasons why the award of this contract must be done as soon as i possible. I 1. There are four pending developments in this area who are required to collect and j convey their stormwaters to the pick up point on this project. They had been told i that this project would be in place by the Fall of 1991. They cannot go ahead with their developments until this work is complete. 2. The project was delayed until this spring due to the slow processing of permits by Caltrans. No further delay can be tolerated. 3. This project is Stage l of a two stage project. Stage I is mainly underground pipe i work being done in the area of Stage ii which is mainly road widening. Stage I must be completed before the work on Stage 11 can begin. Stage 11 must be completed before the winter weather arrives. 4. Stage 11 is being funded with AOB money, It qualifies for 30 percent matching state funds which could amount to as much as $300,000. In order to qualify for the state matching funds,the Stage 11 contract must be awarded by June 30, 1992. The last Board meeting that month is June 23. This will just barely give the Stage It contractor time to complete the work by winter assuming an August 1 start work j date. MEM.-Iv c:da29h.t4 cc: J. Kerekes, Construction i i i MBE/WBE/DBE CONTRACT COMPLIANCE PROGRAM AFFIRMATIVE ACTION BID REVIEW - SUMMARY WORK SHEET Date: April 15, 1992 Project: Drainage Area 29H, Lines A&A-1, and Ironhouse Sanitary District Sewer Trunkline Highway 4-SR 160 to Big Break Road, Oakley Bidder: Antioch Paving Company, Inc. Bid Date: April 9, 1992 Bid Amount: $506,190.75 Contact: Don Harris, Estimator (510) 757-0123 Planned County Project Goal: MBE 130 WBE 2% Accomplished County Goal : MBE 0% WBE 0% is Emma Kuevor '�.�v Contract Compliance Officer mbe-grog\dr-29h.rev 1 { i MBE/WBE/DBE CONTRACT COMPLIANCE PROGRAM I . GOOD FAITH EFFORT SUMMARY I . Date: April 15, 1992 Project: Drainage Area 29H, Lines A & A-1 Project No: 7569-6D8454-90 Bid Date: April 9, 1992 Contractor: Antioch Paving Company 1 . Pre-Bid Meeting Date: March 25, 1992 Attended: No 2 . Did bidder identify specific items for subcontracting? i i Yes : Signs/striping, concrete structures and trucking. 3 . Did bidder advertise ten ( 10) calendar days prior to bid opening? Request was faxes March 23, 1992 . 4 . Did bidder mail certified notices to at least three minority and/or women businesses for each of the specific items identified for subcontracting ten ( 10) calendar days prior to bid opening? No, certified notices were not sent. 5. Did bidder follow up initial solicitations? No. 6 . Did bidder provide interested minorities and/or women with information relative to obtaining plans and specifications? No. II 7 . Did bidder contact the County for assistance in identifying I certified M/WBE 's? � No. 1 8 . List community organization and assistance centers bidder contacted for assistance: No. 9 . List any negotiations made with M/WBE' s : No. 10 . List any effort made to assist M/WBE' s with bonds, lines of credit and/or insurance: i I No. 11 . Did bidder maintain a report of responses? No. 12 . Does reviewer feel that bidder's efforts to obtain M/WBE participation could reasonably be expected to produce a level of participation to meet the County' s goals? i No. Reviewer: Emma Kuevo Contract Compliance Officer I I j � mbe-prog\dr-29h.gfe I � II I � I i i 2 li 'i I ' I i MBE/WBE/DBE CONTRACT COMPLIANCE PROGRAM AFFIRMATIVE ACTION BID REVIEW - SUMMARY WORK SHEET Date: April 15, 1992 Project: Drainage Area 29H, Lines A & A-1, and Ironhouse Sanitary District, Sewer Trunk Line Highway 4-SR 160 to Big Break Road, Oakley Area Bidder: William McCullough Company Bid Date: April 9, 1992 Bid Amount: $552,656 .70 Contact: Leslie Finney (510) 757-1394 Planned County Project Goal: MBE 13% WBE 2% Accomplished County Goal: MBE 1% WBE 0% i Emma Kuevor Contract Compliance Officer mbe-prog\dr-29h-a.rev i i MBE/WBE/DBE CONTRACT COMPLIANCE PROGRAM r GOOD FAITH EFFORT SUMMARY Date: April 15, 1992 Project: Drainage Area 29H, Lines A & A-1 Project No: 7569-6D8454-90 Bid Date: April 9, 1992 Contractor: William McCullough Company i 1 . Pre-Bid Meeting Date: March 25, 1992 Attended: No 2 . Did bidder identify specific items for subcontracting? No 3 . Did bidder advertise ten ( 10) calendar days prior to bid opening? Yes, advertisement March 27, 1992, Daily Pacific Builder 4 . Did bidder mail certified notices to at least three minority and/or women businesses for each of the specific items identified for subcontracting ten ( 10) calendar days prior to bid opening? Yes, one area (trucking) identified 5. Did bidder follow up initial solicitations? Yes 6 . Did bidder provide interested minorities and/or women with information relative to obtaining plans and specifications? Yes 7 . Did bidder contact the County for assistance in identifying certified M/WBE's? No 1 8. List community organization and assistance centers bidder contacted for assistance: No. 9 . List any negotiations made with M/WBE's : Yes, five agencies. 10. List any effort made to assist M/WBE's with bonds, lines of credit and/or insurance: No. 11. Did bidder maintain a report of responses? Yes . 12. Does reviewer feel that bidder's efforts to obtain M/WBE participation could reasonably be expected to produce a level of participation to meet the County's goals? Yes Reviewer: Emma Kuevor Contract Compliance Officer mbe-prog\dr-29h-a.gfe r 2 MBE/WBE/DBE CONTRACT COMPLIANCE PROGRAM AFFIRMATIVE ACTION BID REVIEW - SUMMARY WORK SHEET Date: April 15, 1992 Project: Drainage Area 29H, Lines A&A-1, and Ironhouse Sanitary District Sewer Trunkline Highway 4-SR 160 to Big Break Road, Oakley Bidder: Hess Construction Company, Inc. Bid Date: April 9, 1992 Bid Amount: $582,443 .00 Contact: Kevin Johanson (707) 552-7931 Planned County Project Goal: MBE 130 WBE 2% Accomplished County Goal : MBE 0% WBE 0% I v A Emma Kuevor Contract Compliance Officer I mbe-prog\dr-29h-b.rev i i i MBE/WBE/DBE CONTRACT COMPLIANCE PROGRAM I. GOOD FAITH EFFORT SUMMARY I� ISI Date: April 15, 1992 Project: Drainage Area 29H, Lines A & A-1 Project No: 7569-6D8454-90 Bid Date: April 9, 1992 Contractor: Hess Construction Company 1 . Pre-Bid Meeting Date: March 25, 1992 i ' Attended: No 2 . Did bidder identify specific items for subcontracting? No 3 . Did bidder advertise ten ( 10) calendar days prior to bid opening? i No, April 3, 1992 (six days prior to bid opening) 4 . Did bidder mail certified notices to at least three minority and/or women businesses for each of the specific items identified for subcontracting ten ( 10) calendar days prior to bid opening? Yes, three (not certified notices, however) 5 . Did bidder follow up initial solicitations? Il I Yes 6 . Did bidder provide interested minorities and/or women with information relative to obtaining plans and specifications? Yes, letters and phone calls i 7 . Did bidder contact the County for assistance in identifying certified M/WBE's? !. Yes, but not for list of M/WBE's; cert information only I 1 I I 8 . List community organization and assistance centers bidder contacted for assistance: i .Yes, one agency. 9 . List any negotiations made with M/WBE ' s: No. 10. List any effort made to assist M/WBE 's with bonds, lines of credit and/or insurance: Yes, from one MWBE firm. 11 . Did bidder maintain a report of responses? Yes. 12 . Does reviewer feel that bidder's efforts to obtain M/WBE participation could reasonably be expected to produce a level of participation to meet the County' s goals? No. Reviewer: V11 Emma Kuevor Contract Compliance Officer mbe-prog\dr-29h-b.gfe 2 ITEM 4 COSTS TO BID PA29H A AND A-1 i Runner to pick up plans 3-19-92 2 hrs . C $30 . 00 per hr. $60 . 00 2 hrs . truck @ $10 . 00 per hr . 20 . 00 Cost of plans . 23 . 27 COST TO ESTIMATE Senior Estimator, 48 hrs . @ $55 . 00 $2640 . 00 Junior Estimator, 20 hrs . @ $40 . 00 800 . 00 Purchasing Agent , 20 hrs . @ $35 . 00 700 . 00 Actual computer time, 26 hrs . @ $25 . 00 500 . 00 President/Plan/site review, 8 hrs . @ $100 . 800 . 00 Engineering secretary prepare bid, 8 hrs, @ $15 . 00 120 . 00 Runner to deliver bid, 4 hrs . @ $30 . 00 90 . 00 3 hrs . truck @ $10 . 00 30 . 00 MINORITY OBLIGATION Engineering secretary, mailing, letters , 16 hrs . @ $15 . 00 240 . 00 Cost of Advertising 150 . 00 Cost of Certified mail/photo copy 47 . 54 Cost of Bid Bond 250 . 00 SUBTOTAL: $ 6470 . 81 OVERHEAD 181: $ 1164 . 75 TOTAL: $ 7635 . 56 CLAIM NAY ` U 1992 "civ ' BOARL vr SUPERVISORS OF CONTRA COSTA COUNTY, L._.FOR A APR 3 @ 1992 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT May 19 , 1 9 NTY OOUNSa and Boar Action. All Section references are to ) The copy of this document mailed to you is you �T�N o IP. 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 CO. , William G. General Engineering Contractors ATTORNEY: P.O. Box 2119 Antioch, CA 94531-2119 Date received ADDRESS: BY DELIVERY TO CLERK ON April 77 & A1ri1992 BY MAIL POSTMARKED: FAX and A=ri 1 9.7 1992 1. FROM: Clerk of the Board of Supervisors sJO: County Counsel Attached is a copy of the above-noted claim. pYIL BATCHELOR, Clerk DATED: April 30. 1992 e : DeputyI NJ 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: uotcd: r Y: ` r f ` J.r: � �i 1��. Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3), j IV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. i { ) Other: to: BOARD SUPERVISORS OF CONTRA COSTA TY RECEIVED INSTRUCTIONS TO CLAIMANT APR 2 7 . 1992 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 Roam 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. i E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this To m RE: Claim By ) Reserved for -Clerk's filing stamp William G. McCullough Co. ) P.O. Boy 2119 ) Antioch, CA 94531-2119 ) Against the County of Contra Costa ) or ) District) Fill in name ) The undersigned claimant hereby makes claim 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) • I April 21, 1992 2. Where did the damage or injury occur? (Include city and county) M Countv 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? I See attached . (over) LL � i y 5. 4 iat are the names of ci. ..ty or district officers, serval or employees causing the damage or injury? The Board of Supervisors ------—---— __— ---------------------------------------------------------- 6. What damage c1r injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. See attached. -------------------------------------- 7. How was 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 8. Names and addresses of witnesses, doctors and hospitals. Frank Williams Art Pease Don Harris 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Amounts to be provided later. Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or bv some person on his behalf." Name and Address of Attorney C C aimant's ignature �� : (Address) y'ys3/ �y Telephone No. Telephone No. �/p �� / qy * * * * a * �F NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10;000, or by both such imprisonment and fine. J #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. 44. 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 . 423 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 precedence set 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. is our desire to be awarded this, contact as tlie low bidder who qualifies under the speci_fi_cati_on as defined in the plans and specs . —: » `�� �w,:r cn \� a �- \ � @ � � \ ^3g CP #- � k ®�- � o -0 � . Aw. o a ® � # � \ ��� >