The URL can be used to link to this page

Home My WebLink AboutMINUTES - 03021993 - 1.8 County Counsel CLAIM FEB 0 51993 • ` BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Martinez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 2, 1993 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: $67,222.87 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: CONROY, Constance ATTORNEY: Antonio M. Bautista, Esq. Attorney at Law Date received ADDRESS: 22 Battery Street, Ste. 333 BY DELIVERY TO CLERK ON February 3, 1993 San Francisco, CA 94111 certified BY MAIL POSTMARKED: February 2, 1993 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 5, 1993 tgIl BATCHELOR. Clerk II. FROM: County Counsel TO: Clerk of the Board of visors ( 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: " 9 y,3 BY: Deputy County Counsel 1II. 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: ci MAR `J 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING 1 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. 1. Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 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. LAW OFFICES OF ANTONIO M BAUTISTA A PROFESSIONAL LAW CORPORATION 22 BATTERY STREET, SUITE 333 SAN FRANCISCO, CALIFORNIA 94111 TELEPHONE (415) 781-3951 a �' ANTONIO M. BAUTISTA RECEIVED FEB - 31993 CLERKCONTRAOS A CO. �SORS February 3 , 1993. CERTIFIED MAIL RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, 1st Floor Martinez , California 94553 re: Conroy v. County of Contra Costa, et al. Dear Clerk: I am herewith enclosing an original and two (2) copies of Claim Against County of Contra Costa and Contra Costa Fire Protection District relative to the above matter. Would you please file the enclosed Claim and return a copy to me indicating receipt and date thereof in the self- addressed stamped envelope enclosed. Np 5ASe, (—r^at9d If Claims must be served on any governmental agencies other than the County of Contra Costa and Contra Costa County Fire Protection District to preserve this claim, please advise me. Please call me if you have any questions. Thank you. Ver truly yours, AMB:sm Antonio M. Bautista. Encls. as stated CLAIM AGAINST COUNTY OF CONTRA COSTA AND CONTRA COSTA COUNTY- FIRE DISTRICT RECEIVED FEB - 3 1993 CLAIMANT'S NAME: CONSTANCE CONROY. CLERK BOARD OF SUPERVISORS CLAIMANT'S ADDRESS: 912 Tiffin Drive, CONTRA COSTA CO. Clayton, California 94517. AMOUNT OF CLAIM: $67,222.87. ADDRESS TO WHICH NOTICES ARE TO BE SENT: c/o ANTONIO M. BAUTISTA, ESQ 22 Battery Street, Suite 333 San Francisco, California 94111 Telephone: (415) 781-3951 DATE OF INCIDENT: January 9, 1993 at approximately 1:45 p.m. LOCATION OF INCIDENT: Intersection of Pacheco Blvd. and Arnold Drive, Martinez, California. HOW DID IT OCCUR: At the date, time and place above stated, claimant had been stopped in a northerly direction waiting for opposing traffic to pass in order to safely execute a left turn. After southerly traffic on Pacheco Avenue had cleared I began making a left turn onto Arnold Drive. RAY WILLIAMS then drove his fire truck onto the opposing lane of traffic striking my vehicle on the left driver's door. DESCRIBE DAMAGE OR INJURIES: My 1987 Chrysler LeBaron sustained extensive damage to the left driver's door and left side generally. I suffered injuries to my head, left side of my face; neck, trapezia, left shoulder, left side generally, left leg and spine. NAME OF PUBLIC EMPLOYEE CAUSING INJURIES OR DAMAGE; RAY OTT WILLIAMS. Claim against County of Contra Costa and Contra Costa Fire Protection District February 2 , 1993 ITEMIZATION OF CLAIM: Damage to 1987 Chrysler LeBaron: $ 6,222.87 Medical Bills already incurred: 1,000.00 Medical bills reasonably expected to be incurred: 5,000.00 Wage loss; and 5,000.00 General damages: 50,000.00 TOTAL CLAIM $67,222.87 Dated: February 3 , 1993 . ANTONIO M. BAUTISTA, Attorney for Claimant, CONSTANCE CONROY. County Counsel CLAIM FEB 0 51993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 2- 1 Martinez, CA 94553 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 2, 1993 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 Mount: Unspecified Section 913 and 915.4. Please note all 'Warnings". CLAIMANT• HUBBARD, VerIon aka Valeri. Dvnae, aka VaIeri Shaw ATTORNEY: In Pro Per Date received ADDRESS: P.O. Box 2781 BY DELIVERY TO CLERK ON February 5, 1993 Hand del.ivered Richmond, CA 94801 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. �H{ gg DATED: February 5, 1993 BTIL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ✓f 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: ��^�� 1193 BY: �� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 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. MAR 2 1993. Dated: PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code sectio 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 warnina 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: Q2 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator V�::�� :� 1•i -A •S 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. Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be. filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this orm. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp Varl nn TTiihharrJ alg= ucn�ri T)wpan aka Valeri Shaw ) AECEIVL' 0 Against the Co my of Contra Costa j RE 519M j District) ICLE"FSUPERIS RS; Fill in name ) i�__._ COf�TRA COSTA CO_ The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 11n Gpp(-; f; Pd and in support of this claim represents as follows: 1. When did the damage or in ury occur? (Give exact date and hour) _m---UPo.n—mat-l—r-eceir- a f t Upon receipt of the Notice of action :• denying 8- - p kation for asst-/-) Social Services - General Assistance Office at 3431 Maco jgjUnond 2. Where did the damage or injury occur? (Include city and county) Richmond, California, Contra Costa County 3. How did the damage or injury occur? (Give full details; use extra paper if required) Denial of General Assistance when application should have been approved Professional Negligence in handling application and recension decision Discrimination a ainst general assistance -applicant Valeri Dvn 4: What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Professional Negligence Harrassment Intentional Tort General Negligence Discrimination (over) Civil Rights Violations 5. What are the names of county or district officers, servants or employees causing the damage or injury? Director Villareal , Mrs . Bess , Mrs . Kelly, Mrs . Wong and Does 1 to 50 ------------------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Extreme financial hardship preventing me from obtaining health care _Y_,.o I_can seek work . Emotional Stress___-----------.--------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Amount of claim is based on Professional Negligence, intentional tort and general negligence damages 3Names and addresses of witnesses, doctors and hospitals. Will provide evidence that claim exist (see attached) ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Will provide further definition as to expenditures in complaint for damages . ` Gov. Code Sec. 910.2 provides: 'The claim must be signe by the claimant SEND NOTICES TO: (Attorne`-)> orb some person on his be f." 1 Name and Address of Attorney IN PRO PER ( no attorney) �� Claimant's Signat Valeri Dvnae P-O. Box 2781 Address Richmond, CA 94801 2nd mailing address -.125 Si 1 v AvpniiP� Ri r-hma na r r 94801 Message ph. I Telephone No. ( 5 1 0 ) 23 7-3 b 21 Telephone No. ( 5 1 0 ) 237-3621 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 came 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. Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal1 Costa Martinez,California 94553-4068 Director `J J County L moo:• `_.: ►J• GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Valerie Dvnae, claimant County No.: 0792-0488503-W4EC Notice of Action: 08/28/92 Effective Date: 08/28/92 Appeal Filing Date: 09/08/92 Aid Paid Pending: No Date of Hearing: November 23, 1992 Place of Hearing: Richmond, California Appeals Officer: Carole C. Allen Income Maintenance Representative: Wanda Wong, Eligibility Work Supervisor ISSUE Whether the County is correct in it's denial of claimant's General Assistance application of August 6, 1992, based on claimant's failure to complete the application process. COUNTY POSITION Claimant applied for General Assistance (G.A.) on 8/6/92. On 8/19/92, claimant signed a G.A. Agreement. On 8/21/92, the Eligibility Worker received information from the Employment Development Department (EDD) that claimant is ineligible to Unemployment Benefits due to medical reasons. Based on this information, the County asked claimant to apply for State Disability Insurance (SDI). Claimant refused to do so. Case record documentation shows that on 8/24/92, the Eligibility Worker asked claimant by phone to apply for SDI because of the information provided by EDD. On file in the Evidentiary Hearing Decision Valerie Dvnae 0792-0488503 Page 2 case record is a copy of a medical report showing that claimant had been ill and was able to resume work on 9/3/92. The report was dated 8/20/92 and signed by an M.D. at Highland Hospital. The County representative stated that even though claimant was no longer disabled on 9/3/92, she would have been asked to apply for SDI because she may have been entitled to it for two weeks. Based on the above, the County notified claimant of the denial of her application because of claimant's refusal to apply for income that is available to her. CLAIMANTS POSITION Claimant testified that she was never asked by the County to apply for SDI. Had she been asked to do so she would have complied. Claimant stated the phone conversation of 8/24/92 did not take place. The EDD determination was based on claimant's statement to them that she could not look for work during the week ending 8/8/92 because she was ill. Claimant stated she was ill with a thyroid problem and did not look for work that week. Claimant appealed the EDD decision. She is taking medication now and feels better. On 8/26/92, claimant phoned her Eligibility Worker to ask what was going on with her case. She asked her worker for a Notice of Action because she felt her worker was not acting promptly on her application. Claimant feels she would not have been eligible for SDI but she would have applied for it if asked to by the County. Claimant stated in her hearing request that application for SDI was inappropriate. REGULATORY AUTHORITY i Department Manual Section 49-102,II,B,3, provides that the applicant is responsible within his/her physical or mental capabilities for taking all actions necessary to obtain resources from any source available. Department Manual Section 49-102,III,A,2, provides that the Eligibility Worker shall assist the applicant in establishing his/her eligibility. CONCLUSION AND FINDING OF FACT Claimant met her responsibilities within her capabilities in the determination of her eligibility to G.A. Although the case documentation indicates that claimant was told RECEIVED IFEB 51993 ERK BOARD OF SUPERVISORS -1',!TRA COSTA Cn. Evidentiary Hearing Decision Valerie Dvnae 0792-0488503 Page 3 verbally of the requirement to apply for SDI, she was not advised of this in writing. Claimant may not have understood from the 8/26/92 phone conversation that applying for SDI was a requirement for the granting of her assistance application. The County knew on 8/21/92 that claimant was ineligible to LTIB and would be able to return to work on 9/3/92. At that time, the County should have advised claimant in writing of her responsibility to apply for SDI benefits for the time she was too in to work or look for work. Claimant's failure to apply for SDI is not a reason to deny her application of 8/6/92. Claimant had good cause to have failed to meet her responsibilities. She did not apply for SDI benefits because she was not clear that this was a requirement before aid could be granted.. The County's action to deny claimant's G.A. application of 8/6/92 is not sustained. ORDER Claim is granted. The denial of claimant's G.A. application of 8/6/92 shall be rescinded. Claimant shall be notified in writing of her responsibility to apply for SDI for the 8/2/92 through 9/3/92 period. ( 0&�� 2, SocW Service AppeaK Othcer Date / J Appeals ogr er Date If you are dissatisfied with this decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez, CA 94553. Appeals must be filed within thirty (30) days of the date of this Evidentiary Hearing Decision. No further aid paid pending a Board of Supervisors appeal. CLAIM FED Q 51995 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 3 w+aninez, CA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 2, 1993 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: $1,080.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT• HUTCHINSON, Clifford & Marjorie ATTORNEY: Date received ADDRESS: 768 Danvi 1.1.e Blvd. BY DELIVERY TO CLERK ON February 3, 1993 Danvi.l.1e, CA 94526 certified BY MAIL POSTMARKED: February 2, 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 5, 1993 �aIl DeputyLOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Sup visors ( 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: �(1au S1 lsr3 BY: Deputy County Counsel 1II. 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. BOA7RhiR: By unanimous vote of the Supervisors present s 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: MAR 2 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code sectio 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 warnino see reverse side of this notice. AFFIDAVIT OF MAILING 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: MAR 19Q�_ BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 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. . i Claim to: BOARD OF WPERVISORS 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 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp Hutchinson, Clifford/Marjorie ) RECEIVED Danville Police ) Against the County of Contra Costa ) FEB - 3 1993 or ) District) CLERK BOARD OF SUPERVISORS Fill in name CONTRA COSTA CO. ) --- The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1,080.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) January 8, 1993 at 0100am 2. Where did the damage or injury occur? (Include city and county) 768 Danville Blvd, Danville, CA 94526 3. How did the damage or injury occur? (Give full details; use extra paper if required) Police vehicle tried to avoid a deer and collided with Hutchinson's wrought fence. 4: What particular act or omission on the part of county or district, officers, servants or employees caused the injury or damage? Danville Police (over) 5. What are the names of county or district officers, servants or employees causing ' the damage or injury? Unknown ------------------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages-claimed. Attach two estimates for auto damage. Wrought iron fence - $1080.00 60 feet were damaged 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) CSAA Insruance paid less Hutchinson's $250 deductible. 60 feet at $18.00 /linear foot ------------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. Not available -------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT n/a 1F iE 1F �F * iE 'iE Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) F6r by some person on his behalf." Name and Address of Attorney OClaimant's Signature 768 Danville Blvd, Danville, CA Address 'telephone No. Telephone No. (510) 837-4106 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. . ..,,v..,I-.:._.'•.-...:.,:r.,.:..i;:_<t<i.-:��.- ....Y: �:�'kR:"-_ y!. _ _ _ 7r _.; I-V r J'; ,- r 1 ...a.,.z.<.....�...., ...... __.:::: '.:5., S .-.,. - :: = . ....4.,...........:::.......•.::-.-. -.. % F 667 Rev 8-92 y,='u y ,...... - S 547 a ... .._. .. - ......... _ .- ..--. ' 04-2 < : ..- - . - :.t,S1. _.::,::: 1. _ _. .. . . ,: '.•: .. .. -...._ . _. ,_ .. m � f ,• ,., _. .. ,..: .. '-: . .. _..: . . .. .. . .1._ - .. ....:- . p. .: .. - _."..-. .-. _ .. .. ._ ... - I _. . .. _ _.: ..:: _.:..: ._ - 1 'I 4 0 - - D r � , �:,.., g 4t . x ".:. . .. . .. ..,_.."..... ::... _,:•: m ... ._ - _ .. -. a..._, _ ..-. J. _.. ".. .. r - ... - .. - ,- -. ._._ _, ...,.r ..... .- ._ ,-. _ _. . , ,- �- �. _ ._ _ t...._".._ ..-.. .. ... - . -.... . . .,..11- . l ... . _,— ,__. , z . - - � . ,._ _. a --• _ . . .� _ .__.:.... :_ o _ - _ _ .. .. _ _ _ - ....,:_ ... -. ..tet.......:.. . ._: ::.r., .+ " - . . - m. ._ . .." . . - .-.-.....,. . . _t._.., . _.- . - . ...." _.. ...... . - . 0 '- ". ........ ...... ,. ... .. . _-. "... . _.... . _. _ ... .-..__ t� -. .. .._ - _.. ...........:. 1. ru _ .. ,. . , _ _. .,.... ,. .- . ,. . .. . ..... , . . _...._._., .. . .-.. ._. ...... ..'' . C''.O ,� Cn i'.. -...... ... ......... ,Y' ,... r....., -' .." . " _. .. ........_ T co _. . _ ,. _. ,, `I . •� % O ,.. _.... ..., ._. .r :- I. - ... . a.. . �..... .., ..•., _ __. _, -., .._,.,.. �. - _... - . . ';-. fJ .. .: - O . . _ - .. . . 1 .. .. .. _ _-. ... .. - <. _....-. _...".. . .._. .. ..._.. i= - ........._. ... ... ,.. . . Z cn . .. - - . .-. - - ._.. ,. - :.i- -_.: ::.... f.r .,F-•y - O . C s _ _ . ... . . ........ .. . :: - .. _ - i -. .fir l r CD '- .._.. .. . .. . . _. ..-rf,..., .,. , ..--: _ ,"... ,. . : .. _. ".....- . : rA f-•i N ., ... - �......,.... N . - ... ,. - . . T Z C .:.. — .'�. F. -7.::.J. - .....,-.. N d .:.........,- .:-: ' ....,......... - r � � - . .. . . .. �' 1. _-. . . .._ _ - ._. . .. " '. -- ..... ... ... .. .. ,.._ . . .. .0- � : I ` - 3 o : :.. _ .:.. c -0a) . _. _,..... ._ . .. _. . ...- .. _. .. . --....,-,L.-.- ._ _ . . . --.. .. ,*-.. ._:. _.:_.,. I r D _.....:..�.. -- .. -.1...._.... . .... .. _- .. .. ..-.. ..: . . , i : �� •CJI !L._=:::;: ::;� -' -;. ..: :....",, .._:.. .: :.. .. . .:: , Plo - _ ... .- .. _ . 0 „ ,. _ . _ f . _ . •. m :.V '"q ." ..:. ...... ..% . . -:.:.,.. . . .. _,. ,.,..,.,... ... " ,..." ....., ....., _.... JJ O f= iii . _. " , -. " :. . o . .. . ". n. _ - .." . - . ..-..... ... - .:.:'.. --RR .. ._ ... _. _ ...-r ...-. .. ... . I � . `: .. 30IS M13A3d 3H1 NO 03S8OON3 ., ,..._....z :". t. .. _, ... _ .. ..... _ _ .. ... Q) 0 _ .__ •. .' ...... - ...."" .. .... .. ... - _ -. �, - ;:; . { �•:. - — — — �...,. ., :� .. .. - - .....,I ...:...... ,:.:. .; ,- .-...r . -. . . " - a .. _ .... +.• jiti.•-. :2.. :.., .. ..- :.,..:.: 7� lel "�`'.'�. ... ..i..l::��.o.�J6s.e_}vim T.�..'"K_��..:....' ..s. ', k'z:..'.Y. :.y �.:_ _ ". ..;._T_•---i •<?.0 .. .. * ALL AMERICAN = ~pRC3P4SAl:APIa ACCEPTANCE FENCE CC-. 5-rATE CQNTFACTOItS tr-t 6251724 P.O. Box 3057, Danville, California 94526 (510) 743-8583 Fax: (510) 743.8582 proposo! Submitted to: work to be performed at: NAME .�9 _� �%�✓, tJ7a f G1� Sb�J NAME r`a'rnlS�Al ADDRESS., � 1Z�___—t� ADDRESS �� rJJLt,.� "er,up CiTY_-S Z= STATE —A Zip_ CETY ell! STATE ZIP TELEPHONE ? 727 ,G�c950 TELEPHONE {}ATE DATE OF PIANS START WORK DATE YOUR INQlI IRY Na. PROPOSAL NO. PAGE t10 OF PAGES' 1 ' ,1�r�r 191 t s J •► i ate= =t ^A PROPOSAL !INCLUDES: ACCEPTANCE OF PROPOSAL MATERIAL AND LABOR AS REQUIRED IN ACCORDANCE WITH THE ABOVE iSD SAT- SPECIFICATIONS. FA TORR AND ARE HEREBY ACCEPTED YOU ARE AUTHORIZED HE r�, ,-� TO GOCOMPLETETHISTHISCONTRACT AS SPECIFIED.PAYMENT WILL BE FOR Tznf SUM H DOLLARS S o MADE AS OUTLINED TO THE LEFT. PAYMENT TO BEr 1 % MADE AS FOLLOWS r/l SIGNATURE o " J All materia!is guaranteed to be as spedfied.AN work to be completed In a workma'Aka 0 • manner accadng to standard practices. Any ShwatiOn Or deviation from above spo4fGcations involving extra costs will be exedutsd only upon written Orders.and WIN become an extra charge over and above f he estimate.All agreements contingent upon 10 8 0 • 00 + strikes,accidents,or delays beyond our control.Owner to carry Are,tornado,and otlher 2 -50 , 00 ; necessmy insurance.Our wormers are tuily covered by Workmen's COmPsnQc+60A Insurance. J 830 • �� * NOT&THIaPSAL AY$ -FWCRAWN SY US T NOT ACCEi U0 WrNIN ----_CAYS O DATE QR ACCEPTAHM AUTMORIMSn%ATU ±.'�i:.ii.'.a�•' `S:��v ;:i,'�+t cc'c+,�*a"Se'?'LSd;:1�s�=r'+.��#?$} `SXi'�`• 1` v � •----`.- -. .,1:.:- '.a' :b•r_,.t,GYti::,sw. '..:s+'-.•h..,. _?-� r.F'. nhi•.:w_.e•,a•sx•:..:_ _ 3• (i..-.vim '=l..t• r-. a-�_r';::' ,•.r? '.uk`:_ •.?- ,.yi-; .(...:F•: =.3:5�e'.Y i "T'. :�.:...'.t..,._ .-rr,•.:ta--.....;.-_.�.... .�Jc.;.Y•:r....• ��- •.R•:•-.^, +.�':.. ..:rs ,'.�,r2 �,-i=d:h i!%.. ,i-]:+ - - S,..t+ :t•.az._ y.,D ':'�:,,,:.. ,n_ -r, +=:s:-' _�Tr:.._3�. r•%.::1:�.� -(:.:.' �t;:;._;:..Y �.:�ti';.,:;='.;,�,:.,:,.�?��., .t�•S,� ��': f'+C ti'iti;r•,•. r7.,F'-�_a_`-,/i•�4 ..,t5r.s__•rr#.Y'aV��,'S�3�;Y:�•rnti+1 .�"4..-.`T?.m. .:ri:�'+- ,p-::t,;G•..<.. ,:r_�:�:?!i"a,�3.�.y _,,,:±:4 „'��., .J};-<Yi�"•a,-':s,- -P:�aii .+ -6,�•Tr..:'=.c=_r.s`�<:r: c ,+_:,t Jt-r.:s:�<•9' _.`:c:rr.- �r.�;=i.'-..]. ..7s_>(,;>..' > •.y._: :*c,',.^:.'•_�'.. 'ic q r:,_ a::Y::. a. t:;aa -q.'t�Y,j':,;} -,.7,, •,.:ir,r,, _.a.aJ�:r-�: _ ..i.., - .•..✓Z'r' � ,:..-:'x •�:L .4,: r_rY .:R• ,•'S:N`M•:.r•a't\ -D.•J. :),....d"-. :+,t`?�'L vv1, - - - JJ'r1 - J{.+: ��,. .fix:::' .�`'p-^•-, },-<�� .., >r ij r. ,>er�J,::i.. :�iCr".:'.t}',^' - �i.`X:' - '•s•'. •Y s .>.•. p ,:err>. r,� -:✓�.-:>.. -v:-L+,+:.:r:Jrr •.fir<w... -.h_- .::[ti: - _ ",.•. mac... ,. «<, ._ ,..,_t'�' _ _ - - SS Ham.• ^`r= .S r 1 7 - ,:S!r mar - �e�v s ! .J. - a J^ •�N.1•:Y - •t 'fit*:-�;��. •:�" i :� 1:r;,... r7.t,f - r.•tw - .-�'.. - - 3�: mss..:;:u:. 6 '.::s':. ''�.'',�(.'- _e:.+ -{` 1f•< _ �•�,•:•• .:9ya.i-; J,, - -•+•.xis -- '.fir `::t .�:'. `•'�,'•:•,- „ -.:-,:..ice ',,. (( ,:�. ter.. `.a,•. 1� _ ,t.:,':.. ., L. ..+ .., ._..,r.......:....:..,.,,,>....� r,._-,_.� .. ,.. a: �.k, +,... .,c5.4'; `J..Y ,:1 •+.u., ::i:; ='i•,;i' 'rJ,•...Ya. - �'��;:y r .:. - _...rte... ,.•a;::t..-_k.,ti .yr�t..:r_,x':, x anvi' '`r.. Sri Yr s.� �..-tL. ,.' a-..,, °'?[„•, 'V.-;.? :.{{').:.r•" j'e :sly•>.ih :,'c: .:ca�„�.: ,:t�'•-'+ ::f: ..{, ."( __ n:,,�.:y; ,tV�,' v":� •:F-::" .-'i��' 'S �i - Fi b 1 �o�i A ce� car: tot.^��. � I. , . rrr , - �0. i ) M1. ,•J '1.F: :^F" +-.fir•` !.,f:�. •W: t i ,4 , M.: , - r..,,,.......-, -fir:} '_-::•.:•:.. ...r.:_.,:';:_-'!� '. '],5• - K%.,..y . „ ,! ,�, ,...:.a :,,:.::,._J.:.,. :,. ,,• _._.r r eln�it �� }swerves_to�..re�e: tc - +:•.•:'• :�;'::ti�, .{ :•SLA ; c +f, , t}P r•F - '��! �'�"'ire:� `'}!,':' i�-}'.Y�='• �'Sr. •iJ- ,i• :Times'statt - 5 _- o Dan ever' vill" �s al"even. ee dri�th 1 A. - J ' •'Y - , d7 •2 L..w .J t -- - ^it eri` fi' e:r s ous�n �'b .th .roa d Moms n o said. - •pi•^ f` tf-1 -.J z +J .f. .`his.' T-+•r�'d .Enda ormn .. <> rw4h m en•fh ir;: �,• e s �a ,Y� _g: -The airba, - fr 't., •,.b I "oi the`.%�drver's�' :�.T• ;'z= •�. �;caaz�wast� taled�in.a su�L'le=car`�a ,r..� =,.e,- l��,.,•�,..-.::::,..„r •-. .+.<y,....:;f:•`, --„4'i� �1lr .'_'}C,.ii+..•'. M1.. f” 7••,,i r ,•'taR x - ik. •-s -.�. :.F-;-; �.;,�,;fc.� .. �-�reds- ,f.. -.rJ:r,.. :,• :>:':: - �_::_-�:1: �- ..t:.,,s.,Lr, t�L ,,.Moriison�said.�'I'tie, "r. ;:. =�.;�.X---r•:. ent•on.D"iivill �Sk:Y. ••':Y-- - a e:Boulevard.: _ r ggj ,. ..rti„ �-?= �.i`�"• i-ral ;rz"s`.. t'�t":t.:.re;; --r. 'e: {i :.�.. ,`4 -:;<f•�- - _;.�,��": :;. � 'Y ,....� �` •twas�;not=tin'iued:�•'Flie•;other?� C - - - ,_7",y.. .':*`. � _J Offiser�_�- - - - - •-The�accideri ^^' - - 3. t�•a n = - a a ed�Fust: 'be--` - - P J rr"• i ;•received`"-'� i:��:. ._K.<,,•�Y:t., ,,�... some:inedi� ' , , ,: -�:�:.- .,.. . ......:.,,,..-;>::,,,...:.=�•.<,.;: -�... q =attention:liut� l.�l f .;- 3 m.,when.• -t ce w - - rs r a.- e e: Y•�, i,r 't�j' - as :de ��_ ,''•••^ erred ='::� to be=, �K .7•-.. e:said' 4 - '.i J1 •r �ii� - - 'il vin �noit an ul ti t.. f ,y r-� _ - _ y a• -ou _ artf r" R• - .,S. ale� - :-S"e�'-d:w ii `=, a as•no - 'r t ct tfie - s , . ,I ..y` e. .t...._•............::::.!..,.. ,:. _::�,...,, .'�� _ ':.`F"• :cif.;^ _ .,�,•"t.. _ tr •, _.,,:: _ - ��•: sonsaid::�The'officer<wh � . �s:•=:��;. o,was.. .,cidenf��='accordiii o the' - + nvg.'r'ePbrfedswe rvn �to`avo id�a: >:> �'� a }•Eat1r r+ � o� - ' fm ' - s`n';• + --y r,that't rar%oiitortlie`road� =r: �`: t.: :P-.•:= - :'�#'' .,. :said.-, ,-�- :,..•. - ,rt° :n ,�`:• ...is t .a�=. t- i'f- s'alr :f- - l t. 3• - •'f 6 ]„ •� �Y 5 MOrrISOII`;_ riot�idea - - - of - ..The="ai• c Fo d�Cr � xr , own'-V` ,x; f.. :a yy i•+ :V+ - Poria' _ .the - �;�• cle''arfm+ r •.'�.• - - o`-,.,:: fit � :r• r .t r,f• . :•];,a ,i.:r..,_. .:s.• •M t. - +1. I •The� ar 1 the av m e enY "sfiiicktv.'�<June'-:w as'tdtaled'�Mo n - i, ri'iso sai •'Y .,rr r:.. ,:.�.:�:. .>.,-. ._,:.. ..!..:.,,,.a...::.:::•::::5. t'� J-' ..>,. r:S':•, ts; #', "5.1._e5:..;:,J'..,e6'`_':.:.��. a•.yr„r. ^-,r .;, .>... .x. .'.h::;-:=r.;:u',.,' ti.:i-J>:.al i'� wafJ' -�'-f.:"`�S:L•n, :.S^Wt':'.•i si�:•:•D ii,.w. •:i.+:'Sin l••,:M1 - _ r r • .:v:...,,.-+.<., �._'n.'--rte„I�._ i.:' .::�.,.L:,:.� _ ., ..t._�..;:.,.J.>_•-1.._.:t. a ....�.:• - - - J=, l g - : � -?-:. :J'c -+.`: ':{...: :.S:is�.•,.•; _ 3• „•...i::::•-n.._. �-) .Y::. Pry h_ J:L -- .. _. -......... ..±-.l-�.J .,., _ S -w.,• ._. .:M �:-,.�rJr ..s:• ^.•F i✓ _ -- t- - f4 i [�•T - A ?f - .. ...r,. ..... ..::'ai r 'F .-.-.....,•,.:. -,.,.- -tom - - - V ..r r - - , 1,� _:.. ,.............. .r ... _ .. -. .. ...e x ,... v.: fes, - ” i- - r' .f!. Y. _ , -..••max...4' _ _ _ -Yr - :c1.: • ,F ,� - r • '•'tom_ i� r: r ,,.}� �•a 4 r J ..,1' t.__ ,-.. .... .. ..-._ .. ... ...•rrr-. ... _rte.,- - ..... _ -r:✓.r- wig�: _ - F - ':.,'.,iJ:�t,rr- a....._.- :t��L`.cr• -..-.:'" .,.a ,.v • -. ._.. ..._ .._._.,1',R. ,rim•,: _.:.<-... - _ _ _ _ _ Y ,. ,s _ _ ., ,. ... [._... .. .-.,.+•.LAS..'§ ... .... r. ..,.. .. .._:�.;. ..;-, ,::;;,,_ - c; 2p.. 1 - ri• _ _ .- inn•.."-' _ .,. ::�.:- - - - r - 2' Y•.r. � - - - 1.,, -_...,+ .- _.. .. ,.-rte. .. ........•. ... .- ._ _n ,........ ,. ....- '.,f.�:�:. - _ -f: •�r , J y `::3•:at •_J r . ,rr-.fir' ... .� J:••Y• ^, Y 1 P - .rF 3'J ' - F- - i:i`. -w•S'^• Vit.::•:::', - :L•. .:t�"' •six;-. '-��:;= �' .:mss .-��.j`A--y_•--...•r n.Li.. - �- .�.. �r:'r� rJ•'--r.�.�. - '+:i,ri .::Y i��:}C,.. .••! �:.,: .4 ]b',-w•rYx >�i`.•..Uf _ :a^. S `.:y .P T`�':t- -, M1-'•"''•' L, •�F.,Y_ •:(:. •5:,.> �> .,(,awr:fX- ;:A�.,_ i5� .{:. s .:v-;�}:'�_. -.�;:.,:y,- „�;,,:��;;�:-;^' .i]jy: _ _r.. ftl., �' 'i�`t"T- .,I1� �:'w-!T'`:��'."�.� fir• i,.t}',',1W+ :tii:. { .:f'a..'.Y.t'7 J,t a„G+.. nr.3ri1.•'�1.nk,`:ti:XC=ry+ it4r� ✓ aiN.__ _C r.. '.a., y,�•5;�:)-....4,-. �i:K':;r•..::-ri'_, .;;S;i`.-c},'s`- T�1: �]:':r%�'r :;-1.:,'''�'w�••n_ 't_:A:dI(5P'�'J�.t h Y u6' �w-',d1�•,. a"N3r " _ .t,,,�� .3: -:�: ),rc. :•Se..]I, j: `.rt_v: •(-v` :y,-r`. +��-'^iJ,.,: :�r..w=" r5.t.'• 3�:,;.i.�TP:''' _.er.;.".,.. :''-�%a.-: >,p�f_'.ir�piJrfi JT, •},:s'„ri:'R!_ x�M:�•l��te�„�y+�� >�c- •:l�� r iia, :4':,�`=". i't', r^;'''°1` .i U,�'ti'.•.:' is -�., y� c�,, /G'< ^d: mix,. '� fix' �+'�t.•`t"' u.,.: Y. :. "C .+a,'"'1'�.,,�ji�•[='i •risT+ ,4•."h'-�'•-'.:;�'S�::"�.�'+r'�',.::'�1-`e�..� 4 ':�'�.�r`'Jw�y .-�:�:..>••' t+y,,:sa,5-+',t„r-sy"•jt�-'•f�i , %!o;C;� .>:3.- n.:-.:a71-h:...t^r .r,�t F• ��r,:.::R`ti^w:,J-. '.x- .-:{,., :']T• ,,.;+�,.. Eii: '.x ( .t rv',.'-'.:R� �'a•�f r%r,.._ >zx;. •>,".5.•`- _r• « '�= -:`G.,r:: r.4J_;- - _ +•X. :,c`r:�:.: ,'.^,i.:: :r:c +�;'ki r::4'' �•t a„7�;na:', s'!i: .�:f,t��htr �''`"`�..�t�°- . � J 'd �cd .mss 61 45) 40 U's 4-S `o .4 ' N 00 - rA ¢. � +3 cVAd � 0 ,0 U 00 ,.a m O d� p0 � b�aSOC1� Ja c'ol U Q. LL 2 ' LL a 0 0 w_N �? 10 to S CD » N tD C O N g a a .Z N 4 N CLAIM /' a BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Ll Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 2, 1993 and Board Action. All Section referen s L ) The copy of this document mailed to you is your notice of California Government Codes. oul-E., —�6�ro ) the action taken on your claim by the Board of Supervisors 0 5 1993 (Paragraph IV below), given pursuant to Government Code C Amount: Undetermined FEB Section 913 and 915.4. Please note all "Warnings". CLAIMANT: PERRY, Susan MertmeZ, CA 553 ATTORNEY: Robert Berg Burak & Berg Date received ADDRESS: Attorneys at Law- BY DELIVERY TO CLERK ON January 28, 1993 One Corporate Center 1320 Willow Pass Road, Ste. 590 BY MAIL POSTMARKED: via Risk Mgmt Concord, CA 94520 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED February 4, 1993 Buil DepuiyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of 5 sors ( ) This claim complies substantially with Sections 910 and 910.2. ( i1 This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 4-L, 1993 BY: �� Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ✓ ) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 2 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *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: MAR 2 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator `iJ 1 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: Robert Berg BURAK & BERG Attorneys at Law / One Corporate Center 1320 willow Pass Road, Ste. 590 Concord, CA a4520 Re: Claim of Zu:s p m '?tm2;' 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 pp, st office address of the claimant. 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. __X 3 . The claim fails to state the date, place or other circum- stances of the occurrence or transaction which gave rise to the claim asserted. __X_4. The claim fails to state the name(s) of the public employees causing the injury, �damage, or loss, if known. �( _5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000) . If the claim totals less thar 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) , th( claim fails to state whether jurisdiction over the claim woulc rest in municipal or superior court. 6. The claim is not signed by the claimant or by some person on his behalf. 7. Other: VICTO4JWESTMAN, County Counsel By- DFunty Counsel � CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a, 2015. 5; Evid. C. §§ 641, 664 ) My business address is the County Counsel's Office of Contra Costa County, Co.Admin.Bldg. , P.O. Box 69, Martinez, California 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non- Acceptance of Claim by placing it in an envelope(s) addressed as shown above (which is/are place(s) having delivery service by U.S. Mail) , which envelope(s) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: , at Martinez, California. Y Gt�� cu cc: Clerk of the Board of. Supervisors (original) Risk Managemcnt ( NOTICE OF INSUFFI :NCY OF CLAIM: GOVT. C. ' §§ 910, 91.0. 2 , 9?^ . 4 , ^'_ ". . 3 CONFIDENTIAL COUNTY COUNSEL'S OFFICE RECEIVE® x CONTRA COSTA COUNTY r MARTINEZ, CALIFORNIA JAN 2 81992 MEMORANDUM CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Date: January 28, 1993 TO: Jeanne Maglio, Clerk of the Board of Supervisors FROM: Victor J. Westman, County Counsel By: Gregory C. Harvey, Deputy County Counsel �Clv RL: "Claim" of Susan Perry Attached is a letter received by this office from the Public Defender' s office. In view of recent Supreme Court cases as to what constitutes a claim, I am forwarding it to you for treatment as a claim. When it has been filed, we will be giving the appropriate notice of insufficiency to protect the rights of the County under the claims statute. Call me at 6-2380 if there are any questions . Thanks . cc Ron Harvey, Risk Management (With additional documents) Charles H. James, Public Defender BURAK & BERG Attorneys at Law Robert Berg Respond to: Blackie Burak Concord ( ) San Francisco January 14, 1993 == it `; "A 6rssY V Charles H. James Public Defender 610 Court Street JAI 1 5 1:.,`' Martinez, CA 94553 Brm.,uh/office of the P;d(kD;,,Vder Re: Susan Perry Dear Mr. James : I have just undertaken represention of Ms . Perry in connection with her claims against your office. As I understand the status of the matter, union procedures have been exhausted and a complaint is now pending before the EEOC. I am writing to learn whether a resolution may be effected that can avoid litigation. For this purpose, Ms . Perry is seeking back pay and an appropriate job. Please favor me with a reply at your earliest convenience. Sin c rely, I - Robert Berg rb/lm cc Susan Perry One Corporate Center 100 Pine Street 1320 Willow Pass Road, Suite 590 21st Floor Concord, CA 94520 San Francisco, CA 94111 (510) 827-9990 (415) 981-6660 Fax (510) 827-0141 Fax (415) 421-0320 BURAK & BERG RECEIVED Attorneys at Law Robert Berg Respond to: Blackie Burak FEB — 11993 >CConcord • ( ) San Francisco CLERK BOARD OF SUPERVISORS January 14, 1993 CONTRA COSTA CO. - Charles H. James Ron Harvey Public Defender S�� 5 610 Court Street FEB 01 1993 Martinez, CA 94553 afff 5fi Re: Susan Perry Dear Mr. James : I have just undertaken represention of Ms. Perry in connection with her claims against your office. As I understand the status of the matter, union procedures have been exhausted and a complaint is now pending before the EEOC. I am writing to learn whether a resolution may be effected that can avoid litigation. For this purpose, Ms . Perry is seeking back pay and an appropriate job. Please favor me with a reply at your earliest convenience. Sincerely, Robert Berg rb/lm cc Susan Perry One Corporate Center 100 Pine Street 1320 Willow Pass Road, Suite 590 21st Floor Concord, CA 94520 San Francisco, CA 94111 (510) 827-9990 (415) 981-6660 Fax (510) 827-0141 Fax (415) 421-0320 Public DefenderDavid C. Coleman, III Contra Felony Supervisor-Martinez 610 Court Street Costa H. Kenneth Dothee Martinez, California 94553-1297 misdemeanor Supervisor-Concord (510) 646-2481 County William T. Egan, Jr. Felony Supervisor-Richmond ...... Charles H. James ......o Bruce M. Weiss PubhC Defender Calendar Division Supervisor January 20, 1993 �0? LEGISLATIVE 00INTENT SERVICE jo Robert Berg, Esq. WO (800) 666-1917 Burak & Berg One Corporate Center 1320 Willow Pass Road, Suite 590 Concord, CA 94520 Re: Susan Perry Dear Mr. Berg: In response to your letter of Jan Ms . Perry, I am unfortunately at a loss .3u9y%c::sc a resoiution. This Department simply does not have a budgeted position for Ms . Perry and I therefore have no authority to rehire her. If you have any further questions, please do not hesitate to call me. Sinc Hely o Charles H. James Public De ender CHJ/kmo Office of County Counsel Contra Costa County MEMO TO FILE File: Public Defender Date: 1-20-93 By: EVL Re: Letter to Berg re: Perry Called Charlie James. Told him the letter to Berg was OK. He does not need the papers back. J�J Board of Supervisors County Administrator Contra n .y�•`�' Tom Powers Justice System ProgramsCosta �/�� 1st District •7 U Nancy C.Fanden 651 Pine Street.8th Floor 2nd District Martinez.California 94553 Count E43b�646-4855 y Robert I.Schroder Si03rd District Phil Batchelor015 Sunne Wright McPeak County Administrator ':'=�-� 4th District 1 Tom Torlakson = = 5(h District y'!rw •yam rpt December 29 . 1992 RECEIVED Ms. Susan Perry P. 0. Box 2023 DEC 3 0 1992 Danville, CA 94526 Dear Ms. Perry: farti,uz'Bmuh/Oy�of the h6GcV1f7t4r y: u Costa C,7x.,:. After your appearance before the Board of Supervisors on November 24, 1992, this Office was asked to review your request and related correspondence. Enclosed are a copy of the November 24 Board Order and three attachments: 1) a November 2nd letter to Supervisor Torlakson from the County Personnel Department, 2) a memo dated October 28 to Phil Batchelor, Harry Cisterman and Charles James from Supervisor Torlakson, and 3 ) a November 2nd memorandum to Supervisor Torlakson from Charles James. I appreciate you coming into the Office on Friday, December 18, and sharing your concerns with us. As a result of budget cuts, four positions were cancelled in the Public Defender' s Office, effective August 31, 1992 . (An additional two attorney positions are scheduled for cancellation December 31, 1992. ) The four positions were: two Public Defender I , one Clerical Supervisor, and one Investigator Assistant. You indicated that, of the four positions cancelled, yours was the only one that was filled. That was true, but all of the positions were funded and the savings became part of the budget reduction which we required of the Public Defender' s Office. As a result of the State and County budget crisis, a large number of position reductions and layoffs throughout County departments were required to balance this year' s budget. Regrettably, your position was one of those. Given current projections, it appears that for FY 1993- 94 there will be similar reductions and layoffs. You further indicated in our meeting that you believe you should be used as a contract hourly investigator in the Alternate Defense Unit (ADU) . As I mentioned to you at the meeting, there is no permanent investigator position budgeted in that unit. The requirements of the ADU respecting investigative experience and avoiding possible conflicts of interest also present difficulties concerning your request. Ms. Susan Perry 2 December 29, 1992 We do hope you are successful in finding permanent employment and we regret that the budget crisis resulted in you being laid off. However, at this point in time, we do not have an investigator position to offer you. Very truly yours, GEORG ROEMER, Director Justice System Programs GR/jw Attachments cc: Charles James Board Members Public DefenderContra David C. Coleman, III Fwony SuGervisor `Aartinez 610 Court StreetCosta H. Kenneth Dothee �t soemeancr Suoervisor Concorc Martinez, California 94553-1297 (510) 646-2481 County William T. Egan, Jr. =ellvs tl Bruce M. Weiss Charles H. James Caienaar Division Sucerwsor Public Defender �+-T- M 9•. Date: November 2 , 1992 To: Tom Torlakson, Supervisor, District,,5 From: Charles James, Public Defender Subject: REHIRING OF SUE PERRY I am writing in response to the October 28 , 1992, memo from Supervisor Torlakson regarding Sue Perry. I need not recount here all the background regarding the difficult decisions forced on every department including ours as a result of the budget cuts. Ms. Perry had been employed for more than a year in our primary public defender office in Martinez. During this time she performed investigative work for scores of clients of our office. Regrettably, as the last investigator hired by our Department, we were required to lay off Ms. Perry as part of our staff reduction plan. No contract investigator has been hired on either a part- time or full time basis to fill the Investigator I position in the investigation division to which Ms. Perry was assigned before her layoff . Her responsibilities as an Investigator I in our office have been reassigned to more senior investigator staff who continued as part of our staff after her layoff. As you may know, our office has recently opened an Alternate Defender Office (ADO) to which we have begun transferring cases where there exists a legal conflict of interest in providing representation by attorneys in our primary office. While we have reassigned a few attorneys formerly with our primary office to the ADO (some of whom would have been otherwise laid off as part of the budgetary cutbacks) , we were unable to take that action with regard to Ms. Perry for several reasons. 1) The Board has not authorized an investigator position for ADO. 2) The caseload of the ADO from its inception and through its slow expansion over the past months has not justified the employment of a full time investigator. As the number of cases needing investigation is limited, assignment of a full time investigator to the ADO would not be a prudent financial step given our Department' s budgetary problems. Thus , we have elected 1 to use a contract investigator on a part-time basis when investigation of a case is needed within the ADO. 3 ) Unlike the situation with attorneys who are personally constrained by State Bar professional rules governing work that would create a real or apparent conflict of interest in the representation of existing and past clients, the situation for non-attorney, investigative staff is quite different. Attorneys are covered by the Rules of Professional Conduct promulgated through the State Bar and are subject to professional discipline for the violation of confidences or loyalties arising from representation of a client. :Investigators are not subject to such a pervasive set of rules for conduct or to- the same type of professional liability and discipline system governing attorneys. Thus the guarantees afforded present and former clients which would prevent, for instance, revelation of confidential client communications or work product do not apply with the same force and effect to investigators. Reassignment to work on cases which might involve present or formes- clients of the primary defender office where Ms. Perry was employed may be prohibited. Finally, Ms. Perry was employed in the Investigator Assistant classification in our primary office prior to her layoff. were we to hire a full time investigator for our ADO, such a person would have to be able to investigate the widest range of cases we handle, rZLnging from misdemeanors through complex homicide and capital cares. We would have to address the question of whether, given her entry level Investigator Assistant qualifications and experience, we could assign such a full range of cases to her without requiring her to work outside her class. Our office is sensitive to this concern as I believe Ms. Perry has filed a grievance already based on an allegation that she was required to perform investigation tasks beyond her entry level position. I hope I have satisfactorily addressed the situation with regard to our use of a part-time contract investigator with our ADO. This latter point was covered personally with Ms. Perry when she and Mr. Clarke met with Mr. Coleman and our Administrative Services Officer, Mr. Hoffman, in early September. If I can provide additional information or clarification, please feel free to contact me at your convenience. CJ:kmo cc: Phil Batchelor, County Administrator Harry Cisterman, Personnel Director Board Members .Sue Perry Henry Clark, Local 1 2 �f la•d � �'. Ll� i.•! •� r..-T_.. fir`, � - , i - ••:�' � c:-•�_ros ` .Y y,1, .. M :fl U) 1.1 Ln a; vrn �o -c �4 CZ 4-) v co U . 4r 0) -P �! N vu0C~ r--i •ri U •r-I p r1 4-) cdAo s4 U 04 �o 0 WA o. pyo � IWb o �0o at ,4 Uy ,, y m p, 3 QI ° 44) Q.=v U� o NO[ M Q N u 7 • �G��,niy COuV%sta% ` � 51993 CLAIM / D OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Claim Against%4ij*j06b10f), or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 2, 1993 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Undetermined Section 913 and 915.4. Please note all 'Warnings". CLAIMANT: Wil 1 iam -Russel 1. ATTORNEY: Jeffrey R. Siegel., Esq. Law Offices of Schwartz & Siegel. Date received ADDRESS: 18 Crow Canyon Ct. , Ste. 390 BY DELIVERY TO CLERK ON February 1:; 1993 San Ramon, CA 94583 BY MAIL POSTMARKED: hand del.ivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: February 4, 1993 gtIL DeputyLOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of Supervisors (� This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: S ►g R 3 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( 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: MAR 2 1993 PHIL BATCHELOR, Clerk, 81 , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina 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: 111AR 2 19,113 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator l.,•';. S;Qi tf.1. ♦ ' 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. LAW OFFICES OF SCHWARTZ & SIEGEL A PROFESSIONAL CORPORATION CENTERPOINT BUILDING 18 CROW CANYON COURT, SUITE 390 SAN RAMON, CALIFORNIA 94583 PHONE: (510) 838-9800 FAX: (510) 820-3795 I February 1, 1993 _ ECO `V E® FC$ - 1 1993 Hand Delivered Supervisors CLERIC BOARD OF SUPERVISORS' Clerk of the Board of Su P co11-�s�A r.OSTA�o,= County of Contra Costa 651 Pine Street, #106 Martinez, CA 94553 Attention: Ms. Ann Savelli Re: William Russell Government Claim Dear Ms. Savelli: Enclosed herewith is an original and one copy of a Claim, being submitted on behalf of William Russell against the Contra Costa County Sherriff's Office and also the San Ramon Valley Unified School District for consideration. Please direct all questions or contact regarding this claim to the undersigned. Thank you for your prompt attention in this regard and I will look forward to the Board's response. Very truly yours, LAW OFFICES OF SCHWARTZ & SIEGEL A Prof ssional rporation JEF REY R. IEGEL JRS:mw Enclosure 1 LAW OFFICES OF SCHWARTZ & SI-EGEL A Professional Corporation ECHVE® JEFFREY R. SIEGEL, ESQ. , LIC. 3112061 18 Crow Canyon Court, Suite 390 San Ramon, California 94583 FEB - 1 1993 Telephone (510) 838-9800 CLERK BOARD OF SUPERVISORS Attorneys for Claimant CONTRA COSTA CO. WILLIAM RUSSELL C L A I M PUBLIC ENTITY: CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT 1. Name and Address of Claimant: Mr. William Russell 643 Countrybrook Loop San Ramon, CA 94583 2. All notices should be sent to: Jeffrey R. Siegel, Esq. LAW OFFICES OF SCHWARTZ & SIEGEL A Professional Corporation 18 Crow Canyon Court, Suite 390 San Ramon, CA 94583 (510) 838-9800 3. The date, place and other circumstances of the occurrence or transaction which gave rise to this Claim are as follows: Claimant was injured on November 2, 1992 on and about the premises of the Alamo Elementary School. Claimant was assigned to Contra Costa County Sheriff's Work Alternative Program. In connection with said program, the Claimant was assigned to assist employees and agents of the San Ramon Valley School District in cutting trees on or about the grounds of the Alamo Elementary School. Claimant was not provided with adequate training, equipment or supervision to perform the requested work. Additionally, there existed a dangerous condition on public property created by the governmental agencies as a result of the cutting of said a GOVERNMENTAL ENTITY CLAIM PAGE -2- trees. 2-trees. While performing the duties imposed on him by the Sheriff 's Department and by the School District, Claimant suffered serious physical injuries. 4. A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of this Claim is as follows: Personal injuries. 5. The name or names of the public employee or employees causing the injury, damage, or loss, if known are as follows: Unknown at this time. 6. The amount claimed as of the date of presentation of this Claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of this Claim, together with the basis of computation of the amount claimed is as follows: Damages are such that jurisdiction would rest in the Superior Court of the State of California. DATED: ''� l -l3 LAW OFFICES OF SCHWARTZ & SIEGEL A Professional Corporation By. JEF REY R. SIE EL Attorney r Claimant WI IAM RUSSELL CLAIM FED 0 5 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA MMMIROX, CA W. 53 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 2, 1993 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: $201,027.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: TEXEIRA, Walter R. ATTORNEY: James Leonard Crew 18 Crow Canyon Ct. , Suite 380 Date received ADDRESS: San Ramon, CA 94583-1669 BY DELIVERY TO CLERK ON February 4, 1993 (hand delivered) BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp�H{ BB DATED: February 5, 1993 BTIL BATCHELOR,Clerk epuII. FROM: County Counsel TO: Clerk of the Board of SbperKsors ( vl 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: 14 Dated: u� s j�3 BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present ( ►') This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAR 2 1993 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code sectio ) 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 warnina 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. MAR 2 '993 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 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 Claim of WALTER R. TEXEIRA, AMENDED CLAIM FOR 2 PERSONAL INJURIES Claimant, (SECTION 910 OF THE 3 GOVERNMENT CODE) 4 ECEIVE� 5 CITY OF SAN RAMON POLICE DE- t'd PARTMENT, COUNTY OF CONTRA F� 6 COSTA, JULIE AUMOCK, Does 1 - 10, inclusive, / "I.ERY BOARQ OF SUP 7 L C(-,NIRA COSTA CO• 8 To the City Manager of the City of San Ramon, and 9 To the President of the Board of Supervisors, Contra Costa County: 10 You are hereby notified that WALTER R. TEXEIRA, whose address is 195 Kingswood Circle, Danville, California, claims damages from the City of San Ramon 11 and the County of Contra Costa. 12 This claim is based upon personal injuries sustained by Claimant on or about 13 August 28, 1992, in the vicinity of the San Ramon Police Department Headquarters under the following circumstances: 14 1. On August 28, 1992,-WALTER R. TEXEIRA and his wife went to a movie 15 theater in San Ramon, California. After purchasing two tickets and miscellaneous 16 food and drink items, Mr. and Mrs. Texeira were approached by members of the San Ramon Police Department and told that their purchases had been made with a 17 counterfeit $20.00 bill. 18 Even though Mr. and Mrs. Texeira cooperated with the law enforcement 19 officers (including a voluntary search of the Texeira vehicle and residence in Danville, California), Mr. Texeira was arrested and booked into County Jail, in 20 Martinez, California. Bail was later arranged. 21 Ultimately, no charges were filed against Mr. Texeira by the Contra Costa 22 County District Attorney's Office. 23 2. In addition to the above described false imprisonment, law enforcement officers took, at his arrest, a money clip and currency from Mr. Texeira. Request has 24 been made for return of this property. Representatives of the San Ramon Police 25 Department have declined to return this property. 26 Following the filing of the original claim, correspondence has occurred James Leonard Crew 1 18 Crow Canyon Court Suite 380 San Rpamon, California )4583.1669 Tele Phone 811.0831 :vea Code 910 i• - r 1 between Julie Aumock of Contra Costa County (Liability Claims Adjuster) and 2 James L. Crew, Esq. Julie Aumock, in substance, has indicated that Mr. Texeira's personal property (money clip and lawful currency) will not be returned to him. 3 Claimant contends that this action by Julie Aumock is, at least, a ratification of the "conversion" of Claimant's personal property. If this personal property has any 4 "evidentiary value" such can easily be covered by photographs. Thus, retention of 5 Claimant's personal property amounts to an attempt to impose "summary punishment"and/or the intentional/negligent infliction of"emotional distress"against 6 Claimant. 7 The names of the public employees causing Claimant's injuries under the 8 described circumstances are: (1) Employees of the San Ramon Police Department - Jim Telles and Chris Wenzel. Claimant is informed the arresting officers work for 9 the City of San Ramon under a special contract with Contra Costa County. Said officers are members of the Contra Costa County Sheriff's Department. (2) Julie 10 Aumock, Employee of Contra Costa County. 11 The injuries sustained by Claimant, as far as known, as of the date of 12 presentation of this claim, consist of emotional distress and humiliation and conversion of personal property. 13 The amount claimed, as of the date of presentation of this claim, is computed 14 as follows: 15 Special damages - Bail Bond 300.00 16 Special Damages - (Confiscated money) 127.00 17 18 Special Damages - (Money Clip) (est.) 100.00 19 General Damages 100,000.00 Punitive Damages 100,000.00 20 21 Total Damages to Date $2.01,027.00 22 Estimated Prospective Damages as far as known None 23 Total amount claimed as of date 24 of presentation of this claim $101,027.00 25 26 James Leonard Crew 2 18 Crow C anvon Court Suite 380 San Ramon, Uifornia 9458.3-1669 1eL,Phone 811.087.1 :4e.Code 510 • 1 All notices or other communications with regard to this claim should be sent 2 to Claimant, in care of James L. Crew, Esq., 18 Crow Canyon Court, Suite 380, San 3 Ramon, California 94583. 4 Dated: , 1993. 5 -- if onard Crew 6 Attorney for Claimant 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 7, Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 2, 1993 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 rnl.lnty 00un (Paragraph IV below), given pursuant to Government Code Amount: $480.00 LV 0 5 1993 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ZELLMAN, Henry �/ 94553 1V1..•�� SGL, ATTORNEY: Date received ADDRESS: 4323 Santa Rita Road BY DELIVERY TO CLERK ON January 26.1993 E1. Sobrante, CA 94803 BY MAIL POSTMARKED: January 25. 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, ppHH gg DATED: February 4, 1993 BTIL DeputyLOR, Clerk I1. FROM: County Counsel TO: Clerk of the Board of SupopAstrs ( 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: J,_ BY: Deputy County Counsel 1I1. 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. BO7) This ER: By unanimous vote of the Supervisors present ( 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: IMAR r 2 1993 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnino 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: MAR 2 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator 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. Cift i rr. to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for inju7y to person or to per- sonal property or growing crops and which accrue on ortefore 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. i C. If claim is against a district governed by the Board of Supervisors, rather than i 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 RECEIVED Against the County of Contra Costa ) JAN 2 6 10 or ) SUPERVISORS 0�� Ce)Lv ' Fi v-a District) CONrnA COSTA co. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or I the above-named District in the sum of $ I a Q • O d and in support of this claim represents as follows: 1. When did the damage orinjury occur?. (Give exact date and hour) i N 2. Where did the damage or injury occur? (Include city and county) *Jim ---------"'------------------r---..-w+M-..----------N----�r-w---..-o..-..---••-----_- 3. How did the damage or injury occur? (Give full details; use extra paper if 4 required) -----------------------------MM-N-- ----------------M-------------_----------- 4. What particular act or omission on the part of county or district officers, servants or .employees caused the injury or damage? (over) 7. wnat are the names of county or district officers, servants or employees aaus'nIg the da-mrage or injury? ----------------------- ---------------------------------------------------------- 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) -«---------------------------------«��--«-------------------=------------------- 3. Names and addresses of witnesses, doctors and hospitals. N� ---------------------------------------------«--------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT # # # # # It # it IF 11.IF # # # # # It # # # # # #'# # # # # IF # # # Gov. Code Sec. 910.2 provides: '.'ME ON X "The claim must be signed by the claimant SEND NOTICES TO: (Attorne`" �'? -. orb so Pe on his behalf." Name and Address of Attorney _ C imant s Signature Address -- .i91 tZ JQ ". I Telephone No. Telephone No. 5116 o`Z 3 IF I It 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. • ii i .i jaNuarY Z wr4c 7h�i• it tr IL kvi c- �orf �. t�Y awrcl iritp k raLl foo, e•..�► p 1 a . i. AT Th*- iturifjt^VA Of IgaZ txttfu.o.) y ;iS�y� oke �'� �rs.o��R�•tr �t�o� P�lC4.� {!t Aw.�'S T ?*,^1 00"114 04L 3 P&O-St r*►p k-i 4& Ivitem St,.�11a� i�M•v�H'r wc4s A I l Z Ne o��.� �b ��►iow . Qc.�yraP1• ss�TLs �I•�as•Q. Cl;o t aa� Thi4 *64 4% % po��,�+tai �ptt�. Na 7.4a.1� A s d��I�pcD �y i1+e ate!ter,, m 1p .Ov e k S1s4s S�bco L hpu�c at ta.�ys �ak�e� C�+►wr_ p-f Oar '�r♦y weQ a e� 491*&Nw+aj�k tZ 4**, p^%+ 1 j at+kp,44 fowl c c onp I. IMA ,Or ll�bst s-vam'ec&' -rte. +bw. C.' ,",N AOUCI %mall ce-P1 'toattr. 76 do so , Z 4,tl+ wa io**4 T4 e&A l acf" wa v hv&oma. eOl-4&cf oc( +6uw ii "a i" 46 Ic4.qv b% t'1aJ eat-%*arppk 3 . Said• pro�o�'I`t hAcl had goats• ) 3hvvp -r f.Ale, i P S4Ur;W5 6w.► A. a"l-IL-Cl -VlkW W 10"u- IMbv.Ai i; A Aeb eoW.9 p I I ppC,... , z, � +(00.. ,A.-)O10 i N - � �ew►�ly Wl°"t � �o�v v 4�i►� tti� -��r� �Q v k• o� Au,lw� WZ ur;b� -��,a, a Its pr+ -}ki- W1eu, 4�g4T 1&j 1 t solo Nea ev e( ,et)c•o- of •AP4 eba-t%wv*sc -1 rl k.- Go.n� leje Oaa ntal Amy • i ot r. Al,t rig 414 Ao I.P 0 II9; ryp 1.4'1 .T%'t A'k va vt a h i S t The t, ods kso imow ty 3mAm b4 F'i4t. L;4 w� tilt �twis Clafa,•� 7C sha+l� hsltr� s�ec�u T +" e{Kat' • i. Ada v w , t sow 1uo is u t ow.4. 4* ga p p0104 Aq, is& o-{ the f.;,* biiAttcl 444ma, pts «: 4 coops 64 p%( bt N a bye m4e&A c6vmV e. 6tw4har Net, ; Jap Mtn, I�ew s 3 t ha s ksw e9 rn�a. s �Q�c�lu«•s r� �e�o�►� A�� A-�•�•+ � Quppos�d�y e-� � Mtoas 1� eQea;-! �',�ol a ba�l�«�,c,�s} work• m�aa s cca p.lewLordems, fou►t,i l o� ev* pA�. a4 ww rs. r.+ $houla hUCA 1pQ41u IV r c ipsarl. M Oma. Weft b3o d�d weds � �o S4,&466(L Sr c NLLIW- w P , ova, cl CA: C�"- ter pis,� &0 i s foe( , z hams- 6 9so 4N ;Mir lki a w1`g�$ -�'oh� se�►��c,� heti' rm4 &vi have. �e ww per.f or-owc oy n+y pmpfvA( . '� i gnaw .i it N 'I 4 1 IIS tl 'WOO I Iota SO 14 -'u a ,ego on 4,' TWA- ny in w"T .41 t '4' fit'. I-so 0