HomeMy WebLinkAboutMINUTES - 03091993 - 1.15 CLAIM , S
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
1,
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 9, 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: $500,000 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT• ANDERSON, Irma L.
ATTORNEY: Dorothy D. Gu i 1.1 ory
Attorney at Law Date received
ADDRESS: 1330 Broadway, Suite 833 BY DELIVERY TO CLERK ON February 9, 1.993
Oakland, CA 94612
BY MAIL POSTMARKED: February 8, 1993
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. eeMM gg
DATED: February 10, 1993 BrIL DeputyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( 14 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: �U�utx �� ��/ 3 BY: I4Deputy 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).
IY. 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: LIAR 9 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 withthis 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: MAR 15 1993 BY: PHIL BATCHELOR b Deputy Clerk
CC: County Counsel County Administrator
Claim..to: BOARD OF SUPERVISORS OF CONTRA COSTA OOUNTY
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 riled with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 fine Street, Martinez, CA 945530
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
Irma L. Anderson )
RECEIVE®
Against the County of Contra Costa )
FEB 91993
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 $ 560, 0-00 4- and in support of
this claim represents as follows:
1. When did the damage-or' injury occur? (Give exact date and hour)
On or about 8/31/92
.2, Where did the damage or injury occur? (Include city and county)
Martinez, CA - main office:'-in Martinez where I was employed.
------------------------------ ----------------------------- -----
3. How did the damage or injury occur? (Give frill details; use extra paper if
required)
The County ceased employing Irma L. Anderson as .Director of Public
Health Nursing.
4. What particular act or omission on the part of county or district officers, '
servants or employees caused the injury or damage? The County' s decision to
remove Irma L. Anderson from her position as Director of Public Health.
Nursing was unfair, arbitrary, discriminatory, retaliatory and violative
of- Ms. Anderson',sconstitutional rights, as well as Californi�/ statutes .
(over)
5. What are the names of county 'or district officers, servants or employees causing
the damage or injury? Phil Batchelor, County Administrator; ,
Mark.. Finucane., Health- Services Director; Wendell Brunner., Asst. Health
Services Director for Public Health; Dr. Willi:am .Walker, Health Officer;
Mrs. Lois Fischer, Health Service-Director of Personnel
-------------------------------------- -----------------------------------------------
6,, What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Back wages, front pay, value of lost employment benefits:, pre-judgment
interest, emotional distress damages, attorney fees and costs.
-------------------------------------------------------------------------------------
7. How was the amount claimed above "computed? (include the estimated amount of any
prospective injury or damage.)
Damages as yet unascertained, but are estimated in excess, of $500., 000 .
-------------------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.
Leslie Frech
Norma Gibson
Beverly D'Halloran
Laudemia Winniford
------------------------------------- ---------------------------------------------- -
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
9/92 Attorney fees $3 , 500. 00
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or b ome person on his Behalf A'
Name and Address of Attorneye
DOROTHY D. GUILLORY Un6 , l sa�,(Z
Attorney at Law Claimants Signature
1330 Broadway, Suite 833 Attorne for Claimant
Oakland, CA 9.4612 1330 Broadway, Suite. 833
Address
Oakland, California 9.4612
Telephone No: (�Jo ��/'c(�/Y� Telephone No. (510). 271-8014
DATED: February 8 , 19(9.3
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 succi 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.
Y, ,r
CLAIM . 15
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Z.
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MARCH 9, 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
Law offices Date received
ADDRESS: 22 Battery Street, Ste. 333 BY DELIVERY TO CLERK ON February 9. 1993
San Francisco, CA 9411.1 via Fire District
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.
Februar 10 1993 PpHHIL BATCHELOR, Cler
DATED: y � BT: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( lef This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: ��+� ( l%9 3 BY: - vti Deputy County Counsel
11I. 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.
Dated: MAR 9 1993 PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. code sect' )
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 1 s 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.
•ti
LAW OFFICES OF
ANTONIO M BAUTISTA
A PROFESSIONAL LAW CORPORATION
22 BATTERY STREET, SUITE 333
SAN FRANCISCO, CALIFORNIA 94111
TELEPHONE (415) 781-3951
ANTONIO M. BAUTISTA
1
February 3 , 1993 . 1
FEB 91993
CERTIFIED MAIL C�6.ERKBOARDOFSUPERVISORS
CONTRA COSTA CO.
RETURN RECEIPT REQUESTED
Contra Costa County
Fire Protection District
2010 Geary Road
Pleasant Hill , California 94523
re: Conroy v. County of Contra Costa, et al.
Dear Fire Protection District:
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.
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.
Very truly yours,
i
AMB:sm Antonio . Bautista.
Encls. as stated
AMMI MA VAI.I.P.VJ W.5. GO
CLAIM AGAINST COUNTY OF CONTRA COSTA
AND CONTRA COSTA COUNTY FIRE
DISTRICT
CLAIMANT'S NAME: CONSTANCE CONROY.
CLAIMANT'S ADDRESS: 912 Tiffin Drive,
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.
--Mow
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.
a;
CLAIM2. 1 5
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 MARCH 9, 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: MABUNGA, Fred and Golden Gate C1.ub, Inc.
ATTORNEY: Jerome A. Wager
Law Offices Date received
ADDRESS: 710 West Napa Street, Suite 1 BY DELIVERY TO CLERK ON February 5, 1993
Sonoma, CA 95476
BY MAIL POSTMARKED: February 4, 1993
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: February 8, 1993 JtIl BeputylOR, Cler
I1. FROM: County Counsel TO: Clerk of the Board o upervisors
(t ( 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: �( u � �3 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).
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: MAR 9 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 1 S 1993
BY: PHIL BATCHELOR b 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
JEROME A. WAGER
Transamerica Pyramid 710 West Napa Street
600 Montgomery Street, 32nd Floor Suite One
San Francisco, California 94111 February 3, 1993 Sonoma, California 95476
(415) 398-1092 (707) 935-3504
Fax(415) 398-6009 Fax(707) 935-3601
VIA CERTIFIED MAIL ME' r
Clerk of the Board of Supervisors FEB — 5 193
County of Contra Costa
651 Pine Street CLERK-1?0aRD OF SUPERVISORS
Martinez, California 94553 CONTRA COSTA CO.
-1
Re: Our File No. 226-099203
Fred Mabunga and Golden Gate Club, Inc.
Ladies/Gentlemen:
Enclosed please find the following document(s) for filing:
X
CLAIM BY FRED MABUNGA AND GOLDEN GATE CLUB,
INC. AGAINST THE COUNTY OF CONTRA COSTA.
Please have the enclosed order(s) or judgment(s) signed, and thereafter file
same.
Enclosed please find our check No. in the amount of
X Please return file endorsed copies in the enclosed self-addressed, stamped
envelope.
Thank you for your attention to this matter.
Very truly yours,
JEANNE F. DARMON
Assistant to Jerome A. Wager
/jd
Enclosures
1 JEROME A. WAGER [Bar No. 106451] FFFEB
CEIVED
LAW OFFICES OF JEROME A. WAGER
2 710 West Napa Street, Suite 1
Sonoma, California 95476 1993
3 (707) 935-3504
4 Attorneys for Claimants CLERK BOARD OF SUPERVISCONTRA COSTA CO.
5
6
7
8
9
FRED MABUNGA and GOLDEN GATE )
10 CLUB, INC. , )
CLAIM BY FRED MABUNGA AND
11 Claimants, ) GOLDEN GATE CLUB, INC.
AGAINST THE COUNTY OF CONTRA
12 v. ) COSTA FOR INDEMNIFICATION AND
APPORTIONMENT OF FAULT
13 COUNTY OF CONTRA COSTA )
14 )
15
In accordance with the provisions of Government Code
16
section 910, Fred Mabunga and Golden Gate Club, Inc. hereby
17
submit this claim against the County of Contra Costa ("County")
18
as follows:
19
(A) Name and Address of Claimants:
20
Fred Mabunga and Golden Gate Club, Inc.
21 3315 Willow Path Road
Pittsburgh, California 94565
22
(B) Address to Which the Person Presenting Claim desires
23
Notices to Be Sent:
24
Jerome A. Wager, Esq.
25 Law Offices of Jerome A. Wager
710 West Napa Street, Suite One
LAW OFFICES OF 26 Sonoma, California 95476
JEROME A. WAGER
Transamerica Pyramid 27 (C) Date, Place and Other Circumstances of Occurrence or
600 Montgomery Street
32nd Floor
San Francisco,CA 94111 28 Transaction Which Gives Rise to the Claim Asserted:
(415) 398-1092
1 This is a claim for indemnification and apportionment
2 of fault which arises out of a complaint for damages, assault and
3 neglect and other causes of action filed on November 25, 1991 by
4 Colleen Harper, individually and as guardian for Sandra Harper
5 and Shawn Harper, and Laura Lambert, individually and as guardian
6 for Jacob Harper and Nicole Harper. The complaint, which names
7 both the claimant and the County as defendants, alleges that, as
8 a result of certain negligent conduct by defendants, Gwen Harper
9 died on or about January 14, 1991. The plaintiffs in the subject
10 lawsuit seek recovery as the surviving heirs of the decedent.
11 A copy of that complaint is attached hereto as exhibit
12 "A" .
13 (D) General Description of the Indebtedness, Obligation,
14 Injury, Damage or Loss Incurred so Far as it May be Known at the
15 Time of Presentation of the Claim:
16 Based on the allegations in the complaint attached
17 hereto as exhibit "A" , the claimant seeks indemnity from the
18 County for any and all claims asserted against the claimant by
19 the plaintiffs.
20 (E) Name or Names of the Public Employee or Employees
21 Causing the Injury, Damage or Loss, if Known:
22 County employees Ken Simpson and Telford Terry have
23 also been named as defendants in the subject lawsuit and are
24 alleged by plaintiffs to have engaged in conduct which resulted
25 in plaintiff's damages.
LAW OFFICES OF 26 (F) Amount of Damages Claimed:
JEROME A. WAGER
Transamerica Pyramid 27 Based on the allegations set forth in the Harper
600 Montgomery Street
32nd Floor
San Francisco,CA 94111 28 2
(415) 398-1092
1 complaint referred to above, the amount in controversy is in
2 excess of twenty five thousand dollars, ($25, 000. 00) and, thus,
3 jurisdiction for the claim for indemnity rests in superior court.
4
5 Dated: January 29, 1993 LAW OFFICES OF JEROME A. WAGER
6
JEROM WAGER --
8 Attorneys s
Fred Mabun and Golden Gate
9 Club, Inc
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
LAW OFFICES OF 26
JEROME A. WAGER
Transamerica Pyramid 27
600 Montgomery Street
32nd Floor
San Francisco,CA 94111 28 3
(415) 398-1092
EXHIBIT A
- � J
1 JAMES CAMERON ►
THE LAW OFFICES OF JAMES CAMERON
2 535 Main, Suite 314 1°tiv
Martinez, CA 94553
3 Telephone : (415 ) 228-2200 :... YItF�itZ.
4 _
5
THIS CASLOCALSSIGNED TO
6 DI:PT —AND COMES
UNDER G ERNMENT CODE 6 600
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
9
10 COLLEEN HARPER, individually CASE NO.
and as guardian for SANDRA HARPER 4� W i - `) 6 5
11 and SHAWN HARPER, and LAURA COMPLAINT FOR DAMAGES
LAMBERT, individually and as ASSAULT, NEGLIGENCE,
12
guardian for JACOB HARPER, 42 USC 1983,
13 WRONGFUL DEATH
Plaintiff,
14 VS .
15 GARY HEATH FRYER, FRED MABUNGA
dba GOLDEN GATE CLUB, KEN SIMPSON,
16 TELFORD TERRY, THE COUNTY OF
CONTRA COSTA and DOES I through L,
17 inclusive,
18 Defendants.
19
20 PLAINTIFFS , SANDRA HARPER and SHAWN HARPER, through
21 their guardian ad litem, COLLEEN HARPER; JACOB HARPER and NICOLE
22 HARPER, through their guardian ad litem, LAURA LAMBERT., and;
23 COLLEEN HARPER individually allege as follows :
24
FACTS COMMON TO EACH COUNT
25 AND CAUSE OF ACTION
26 1 . At all times herein mentioned plaintiffs , were,
27 and now are citizens of the United States and reside within the
28 County of Contra Costa, California.
i
1 2. Plaintiffs SANDRA HARPER, SHAWN HARPER, JACOB
2 HARPER, and NICOLE HARPER are the children and the surviving
3 heirs at law of decedent GLENN HARPER_
4 3. Plaintiff SANDRA HARPER is a minor of the age of
5 seven (7) years . Plaintiff SHAWN HARPER is a minor of the age of
6 five (5) years . Plaintiff JACOB HARPER is a minor of the age of
7 one ( 1 ) year. Plaintiff NICOLE HARPER is a minor of the age of
8 two months.
9 4. COLLEEN HARPER, plaintiffs SANDRA HARPER and SHAWN
10 HARPER' s mother , was appointed Guardian ad Litem of said
11 plaintiffs and ever since and at all times has been duly
12 qualified and acting guardian of said plaintiffs .
13 5. LAURA LAMBERT, plaintiffs JACOB HARPER and NICOLE ' s
14 HARPER mother, was appointed Guardian ad Litem of said plaintiffs
15 and ever since and at all times has been duly qualified and
16 acting guardian of said plaintiffs.
17 6. Defendant COUNTY OF CONTRA COSTA hereinafter called
18 "COUNTY, " is, and at all times mentioned in this complaint was, a
19 county, organized and existing under the laws of the State of
20 California.
21 7. At all times mentioned, defendant KEN SIMPSON is�
22 an individual who was an employee of defendant COUNTY �OF CONTRA
23 COSTA as a law enforcement officer, and in doing the acts
24 ereinafter described, acted within the course and scope of his
25 employment.
26 8. At all times mentioned, defendant TELFORD TERRY is
27 an individual who was an employee of defendant COUNTY OF CONTRA
28 COSTA as a law enforcement officer , and in doing the acts
2
1 hereinafter described, acted within the course and scope of his
2 employment .
3 9. Defendant , FRED MABUNGA, is , and at all times
4 mentioned in this complaint was, a resident of Contra Costa
5 County, California, doing business under the fictitious name of
6 The Golden Gate Club.
7 10. At all times mentioned in this complaint ,
8 Defendant, FRED MABUNGA, owned, operated, maintained, and
9 controlled the premises at, 3315 Willow Pass Road, West
10 Pittsburg, Contra Costa County, California.
11 11 . The true names and capacities , whether
12 individual, corporate, associate, or otherwise of defendants DOES
13 1 through 50, inclusive, are unknown to plaintiffs, who therefore
14 sue said defendants by such fictitious names . Plaintiffs are
15 informed and believe and thereon allege that each of the
16 defendants designated herein as a DOE is legally responsible in
17 some manner for the occurrences , events and happenings herein
18 alleged and that plaintiffs ' decedent ' s injuries as herein
19 alleged were directly and legally and proximately caused by said
20 negligence.
21 12. Plaintiffs are informed and believe and thereon
22 allege that at all times herein mentioned the defendants and each
23 of them, were the agents and employees of each of the remaining
24 defendants and in doing the things herein alleged, were acting
25 within the course and scope of such agency and employment .
26 13 . On or about July 9, 1991 , plaintiffs presented a
27 claim, pursuant to Government Code Section 910 et.seq. , to
28 defendant COUNTY for damages and injuries described herein. A
0 0
I copy of said claim is attached hereto as Exhibit "A" .
2 14. On or about August 14, 1991 , COUNTY OF CONTRA
3 COSTA rejected the claim in its entirety.
4
FIRST CAUSE OF ACTION
5 (Battery)
6 For a First Cause of Action as against defendant , GARY
7 HEATH FRYER, plaintiffs allege:
8 15. Plaintiffs incorporate, as set forth herein, each
9 and every allegation contained in plaintiffs ' Facts Common to
10 Each Count and Cause of Action as though expressly set forth
11 herein.
12 16. On or about January 14, 1991 , at or near the
13 above-mentioned Golden Gate Club, in West Pittsburg, California,
14 defendant, GARY HEATH FRYER, without provocation battered
15 plaintiffs ' decedent, GLENN HARPER, by throwing a beer mug in his
16 direction, thereby striking plaintiffs ' decedent on the back of
17 the head.
18 17. By reason of the wrongful and malicious acts of
19 defendant , the decedent suffered serious injuries , leading to his
20 death and the hereinafter described injuries and damages to
21 plaintiffs.
22 18. As a further direct and legal result of the
23 conduct of defendant, and of the death of decedent, GLENN HARPER,
24 plaintiffs incurred reasonable medical, funeral and burial
25 expenses in an amount to be determined according to proof at the
26 time of trial.
27 19. As a further direct and legal result of the
28 defendant and of the death of decedent GLENN HARPER, plaintiffs
A
0
1 sustained non-pecuniary and pecuniary loss resulting from the
2 loss of love, society, comfort , affection, solace, attention,
3 services and support of decedent , in an amount in excess of the
4 minimum jurisdictional limits of the Superior Court of the State
5 of California, all to be shown according to proof at the time of
6 trial .
7 20 . The above-described despicable acts of defendant
8 was willful, wanton, malicious, oppressive, and fraudulent and
9 done in' conscious disregard of the safety of others . Plaintiffs,
10 are entitled, therefore, to punitive damages according to proof.
11 WHEREFORE, plaintiffs pray judgment against defendants,
12 and each of them, as set forth below.
13
14 SECOND CAUSE OF ACTION
15 (Negligence )
COUNT ONE
16 (Failure to Protect Business Patrons)
17 For Count One of a Second Cause of Action as against
18 defendant, FRED MABUNGA, plaintiffs allege :
19 21 . Plaintiffs incorporate, as set forth herein, each
20 and every allegation contained in plaintiffs ' Facts Common to
21 Each Count and Cause of Action and in plaintiffs ' First Cause of
22 Action as though expressly set forth herein.
23 22. On or about January 14, 1990, plaintiffs '
24 ecedent, GLENN HARPER, was seated at the bar at the above-
25 described Golden Gate Club.
26 23. At the aforementioned time and place, defendant ,
27 FRED MABUNGA, individually and through his agents negligently
28 maintained, controlled, managed, and operated the bar, so as to
1 fail to protect plaintiffs ' decedent from injury from dangerous
2 patrons and invitees , in that defendant knew or, in the exercise
3 of reasonable care, should have known, that presence of such
4 dangerous patrons and invitees was a frequent occurrence at
5 defendant ' s bar and these patrons and invitees constituted a
6 danger to other unsuspecting patrons who might be on the
7 premises , but failed to take steps to either debar these
8 dangerous people from the premises , provide appropriate security,
9 or warn other patrons of these known dangers.
10 24. By reason of the negligence of defendant, the
11 decedent suffered serious injuries from such dangerous patrons
12 and invitees , leading to his death and the hereinafter described
13 injuries and damages to plaintiffs.
14 25 . As a further direct and legal result of the
15 negligence of defendants, and each of them, and of the death of
16 decedent, GLENN HARPER, plaintiffs incurred reasonable medical,
17 funeral and burial expenses in an amount to be determined
18 according to proof at the time of trial.
19 26. As a further direct and legal result of the
20 negligence of defendants, and each of them, and of the death of
21 decedent GLENN HARPER, plaintiffs sustained non-pecuniary and
22 pecuniary loss resulting from the loss of love, society, comfort,
23 affection, solace, attention, services and support of decedent ,
24 in an amount in excess of the minimum jurisdictional limits of
25 the Superior Court of the State of California, all to be shown
26 according to proof at the time of trial .
27 WHEREFORE, plaintiffs pray judgment against defendants,
28 and each of them, as set forth below.
1
COUNT TWO
2 (Negligent Undertaking by Police Officer)
3 For Count Two of a Second Cause of Action as against
4 defendants , KEN SIMPSON, TELFORD TERRY, and COUNTY, plaintiffs
5 allege :
6 27 . Plaintiffs incorporate, as set forth herein, each
7 and every allegation contained in plaintiffs ' Facts Common to
8 Each Count and Cause of Action, in plaintiffs ' First Cause of
9 Action and in Count One of plaintiffs ' Second Cause of Action as
10 though expressly set forth herein.
11 28. On or about January 14, 1991 , in response to the
12 above-described incident, deputies of defendant COUNTY'S Sheriff
13 Department, more specifically, defendants , KEN SIMPSON and
14 TELFORD TERRY, arrived at the scene of the altercation. An
15 ambulance was also called to the Golden Gate Club.
16 29. At all times mentioned herein, defendants had a
17 duty to defer to the advice of the highest medical authority
18 present in all matters concerning the care and treatment of
19 persons injured at the crime scene and a duty to refrain from any
20 undertaking which might deny plaintiffs ' decedent adequate,
21 appropriate and life-saving medical care.
22 30. Defendants, and each of them, negligently and
23 carelessly breached said duties in that , notwithstanding advice
24 from the highest medical authority present that plaintiffs '
25 decedent had suffered a head injury and needed immediate care,
26 defendants undertook to overrule the highest medical authority
27 present and sent plaintiffs ' decedent home without medical
28 attention, leading to his death and the hereinafter described
y
I injuries and damages to plaintiffs .
2 31 . As a further direct and legal result of the
3 negligence of defendants, and each of them, and of the death of
4 decedent, GLENN HARPER, plaintiffs incurred reasonable medical,
5 funeral and burial expenses in an amount to be determined
6 according to proof at the time of trial .
7 32. As a further direct and legal result of the
8 negligence of defendants, and each of them, and of the death of
9 decedent, GLENN HARPER, plaintiffs sustained non-pecuniary and
10 pecuniary loss resulting from the loss of love, society, comfort,
11 affection, solace, attention, services and support of decedent ,
12 in an amount in excess of the minimum jurisdictional limits of
13 the Superior Court of the State of California, all to be shown
14 according to proof at the time of trial .
15 WHEREFORE, plaintiffs pray judgment against defendants,
16 and each of them, as set forth below.
17
COUNT THREE
18
(Negligent Care of Decedent)
19 For Count Three of a Second Cause of Action as against
20 efendants, KEN SIMPSON, TELFORD TERRY, and COUNTY, plaintiffs
21allege ;
22 33 . Plaintiffs incorporate, as set forth herein, each
23 and every allegation contained in plaintiffs ' Facts Common to
24 Each Count and Cause of Action, in plaintiffs ' First Cause of
25 ction, and in Count One and Count Two of plaintiffs ' Second
26 Cause of Action as though expressly set forth herein.
27 34. By virtue of the undertaking set forth in Count
28 rwo of plaintiffs ' Second Cause of Action, defendants , KEN
0
I SIMPSON and TELFORD TERRY, and each of them, had a duty to use
2 due care and to act in a prudent manner in seeing to the care of
3 plaintiffs ' decedent , GLENN HARPER.
4 35 . At time and place set forth above, defendants, and
5 each of them, negligently placed plaintiffs ' decedent in the care
6 and custody of persons so obviously disreputable that defendants
7 knew, or should have known, that those persons would be unlikely
8 to see to the care or best interest of the decedent and that
9 plaintiffs ' decedent would be in great peril, so as to cause
10 plaintiffs ' decedent to be robbed and dumped in a parking lot,
11 and to proximately cause the injuries and damages described
12 below.
13 36 . As a further direct and legal result of the
14 negligence of defendants, and each of them, and of the death of
15 decedent, GLENN HARPER, plaintiffs incurred reasonable medical ,
16 funeral and burial expenses in an amount to be determined
17 according to proof at the time of trial.
18 37 . As a further direct and legal result of the
19 negligence of defendants, and each of them, and of the death of
20 decedent , GLENN HARPER, plaintiffs sustained non-pecuniary and
21 pecuniary loss resulting from the loss of love, society, comfort ,
22 affection, solace, attention, services and support of decedent ,
23 in an amount in excess of the minimum jurisdictional limits of
24 the Superior Court of the State of California, all to be shown
25 according to proof at the time of trial.
26 WHEREFORE, plaintiffs pray judgment against defendants ,
27 and each of them, as set forth below.
28
4
1
COUNT FOUR
2 (Failure to Provide Medical Care)
3 For Count Four of a Second Cause of Action as against
4 defendants , KEN SIMPSON, TELFORD TERRY, and COUNTY, plaintiffs
5 allege :
6 38. Plaintiffs incorporate, as set forth herein, each
7 and every allegation contained in plaintiffs ' Facts Common to
8 Each Count and Cause of Action, in plaintiffs ' First Cause of
9 Action and in Count One, Count Two and Count Three of plaintiffs '
10 Second Cause of Action as though expressly set forth herein.
11 35. In a separate but related incident, later that
12 evening or early the following morning, these same deputies,
13 defendants KEN SIMPSON and TELFORD TERRY, were again called to
14 attend to plaintiffs ' decedent , who was by that time in a nearby
15 parking lot delirious from his injuries and in need of immediate
16 medical care by reason of those injuries .
17 40 . At the time and place, defendants, and each of
18 them, had a duty, initially by virtue of having placed decedent
19 in that peril and later by the fact decedent became a prisoner,
20 to do all things necessary to see to said medical care.
21 41 . Defendants, and each of them, observed plaintiffs '
22 decedent in the above-described condition and had reason to know
23 and knew that the decedent was in need of immediate medical care.
24 Despite such knowledge, defendants , and each of them,
25 intentionally failed to take reasonable action to summon medical
26 aid for the decedent with the result that plaintiffs ' decedent
27 did not receive any medical aid for six hours he . needed such aid,
28 leading to his death and the hereinafter described injuries and
1 damages to plaintiffs .
2 42. As a further direct and legal result of the
3 negligence of defendants, and each of them, and of the death of
4 decedent , GLENN HARPER, plaintiffs incurred reasonable medical,
5 funeral and burial expenses in an amount to be determined
6 according to proof at the time of trial.
7 43 . As a further direct and legal result of the
8 negligence of defendants, and each of them, and of the death of
9 decedent GLENN HARPER, plaintiffs sustained non-pecuniary and
10 pecuniary loss resulting from the loss of love, society, comfort,
11 affection, solace , attention, services and support of decedent ,
12 in an amount in excess of the minimum jurisdictional limits of
13 the Superior Court of the State of California, all to be shown
14 according to proof at the time of trial.
15 WHEREFORE, plaintiffs pray judgment against defendants ,
16 and each of them, as set forth below.
17
COUNT FIVE
18 (Negligent Hiring and Training)
19 For Count Five of a Second Cause of Action as against
20 defendant , COUNTY, plaintiffs allege :
21 44. Plaintiffs incorporate, as set forth herein, each
22 and every allegation contained in plaintiffs ' Facts Common to
23 Each Count and Cause of Action, in plaintiffs ' First Cause of
24 Action and in Count One, Count Two, Count Three and Count Four of
25 plaintiffs ' Second Cause of Action as though expressly set forth
26 herein.
27 45 . At all times herein mentioned, defendant COUNTY is
28 negligently responsible in that defendants KEN SIMPSON and
1 TELFORD TERRY, were negligently hired and negligently trained in
2 the methods of identifying, treating, controlling injured members
3 of the public, and negligently retained them in their employ as
4 peace officers .
5 46. At all times herein mentioned, defendant COUNTY OF
6 CONTRA COSTA negligently failed to protect plaintiffs ' decedent
7 from the and negligent conduct of defendants , leading to his
8 death and the hereinafter described injuries and damages to
9 plaintiffs .
10 47 . As a further direct. and legal result of the
11 negligence of defendants, and each of them, and of the death of
12 decedent, GLENN HARPER, plaintiffs incurred reasonable medical ,
13 funeral and burial expenses in an amount to be determined
14 according to proof at the time of trial.
15 48. As a further direct and legal result of the
16 negligence of defendants , and each of them., and of the death of
17 decedent GLENN HARPER, plaintiffs sustained non-pecuniary and
18 pecuniary loss resulting from the loss of love, society, comfort ,
19 affection, solace, attention, services and support of decedent ,
20 in an amount in excess of the minimum jurisdictional limits of
21 the Superior Court of the State of California, all to be shown
22 according to proof at the time of trial.
23 WHEREFORE, plaintiffs pray judgment against defendants ,
24 defendants, and each of them, as set forth below.
25
26 THIRD CAUSE OF ACTION
(42 USC 1983)
27 For Third Cause of Action as against defendants , KEN
28 SIMPSON, TELFORD TERRY, and COUNTY, plaintiffs allege :
12
1 49. Plaintiffs incorporate, as set forth herein, each
2 and every allegation contained in plaintiffs ' Facts Common to
3 Each Count and Cause of Action, in plaintiffs ' First Cause of
4 Action and in Count One, Count Two, Count Three, Count Four and
5 Count Five of plaintiffs ' Second Cause of Action as though
6 expressly set forth herein.
7 50 . At all times herein mentioned, defendants , KEN
8 SIMPSON and TELFORD TERRY, and each of them, were law enforcement
9 officers in their respective departments and in doing all of the
10 things hereinafter mentioned, acted under the color of their
11 authority as such, and under the color of statutes , regulations,
12 customs and usages of the defendant COUNTY, and pursuant to the
13 official policy of defendant COUNTY, respectively, and acting
14 under the authority of such.
15 51 . By reason of the premises and defendants ' conduct ,
16 plaintiffs ' decedent was deprived of rights, privileges and
17 immunities secured to him by the constitution of the United
18 States and laws enacted thereunder in that the conduct denying
19 medical care was wrongful and reckless , not authorized by law in
20 that such actions deprived plaintiffs ' decedent of life, liberty
21 and property without due process of law as well as caused the
22 'hereinafter described injuries and damages to plaintiffs, and was
23 in violation of 42 USC 1983.
24 52. As a result of the deprivations of his rights ,
25 plaintiffs ' decedent GLENN HARPER was caused to and did sustain
26 fatal injuries proximately leading to his death on January 15 ,
27 1991 , and the hereinafter described injuries and damages to
28 plaintiffs .
1 '�
1 53 . As a further direct and legal result of the
2 deprivations of the decedent ' s rights by defendants , and each of
3 them, and of the death of decedent , GLENN HARPER, plaintiffs
4 incurred reasonable medical, funeral and burial expenses in an
5 amount to be determined according to proof at the time of trial .
6 54. As a further direct and legal result of the
7 deprivations of the decedent ' s rights by defendants , and each of
8 them, and of the death of decedent GLENN HARPER, plaintiffs
9 sustained non-pecuniary and pecuniary loss resulting from the
10 loss of love, society, comfort, affection, solace, attention,
11 services and support of decedent, in an amount in excess of the
12 minimum jurisdictional limits of the Superior Court of the State
13 of California, all to be shown according to proof at the time of
14 trial .
15 WHEREFORE, plaintiffs pray for judgment against the
16 defendants, and each of them, as follows :
17 1 . General damages in a an amount within the
18 jurisdiction of this Court ;
19 2. Special damages in a sum according to proof;
20 3. Cost of suit incurred herein ;
21 4. For punitive damages in an amount sufficient to set
22 an example of defendants ;
23 5 . Prejudgment interest pursuant to law; and
24 6. For costs of suit incurred; and
25 7. For such other and further relief as the Court
26 leems just and proper.
27 DATED:
28 James CameroIn, Attorney
for Plaintiffs
1 DECLARATION OF SERVICE BY MAIL [C.C.P. § 1013 (a) , 2015. 5]
2 I, the undersigned, under penalty of perjury,
3 declare:
4 I am a resident of the United States, over 18
5 years of age, a resident of the County of Marin, and am not
6 a party to the within action. My business address is 710
7 West Napa Street, Suite 1, Sonoma, California, 95746.
8 On February 3, 1993, I served the attached CLAIM
9 BY FRED MABUNGA AND GOLDEN GATE CLUB, INC. AGAINST THE
10 COUNTY OF CONTRA COSTA FOR INDEMNIFICATION AND APPORTIONMENT
11 OF FAULT by placing a true copy thereof, enclosed in a
12 sealed envelope with postage thereon fully prepaid, in a
13 United States Post Office mail box in Sonoma, California,
14 addressed as follows:
15
16 Clerk of the Board of Supervisors
County of Contra Costa
17 651 Pine Street
Martinez, California 94553
18
19 Executed on February 3, 1993, at Sonoma, California.
20
21
22 JEANNE F. DARMON
23
24
25
LAW OFFICES OF 26
JEROME A. WAGER
Transamerica Pyramid 27
600 Montgomery Street
32nd Floor
San Francisco,CA 94111 28
(415) 398-1092
CLAIM '. tS
• y
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 MARCH 9, 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: $350.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: pOLKABLA, Jennifer M.
ATTORNEY:
c/o S.F. Sports Medicine and Date received
ADDRESS: Orthopaedic Surgery BY DELIVERY TO CLERK ON February 9, 1993
Davies Medical. Center
Medical Office Building, Ste. 117 BY MAIL POSTMARKED: February 8, 1993
San Francisco, CA 94.114
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. pp��{{ BATCHELOR,
DATED: February 10, 1993 61�IL 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: �...(y�.�.x--� � � x °143 BY: �, �L Deputy County Counsel
- 1/
I1I. 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
(k1f 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: '11AR � 9 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 warnin0 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 1 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.
Clair.: to: BOAJ OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO C•LAIRPNT
A. Clams 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, 1937,
must .be presented not later than the 100th day after the accrual of the cause. of.
action.' Claiias 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
_ ..1�ter-than .one year after the accrual of the cause of action. - (Govt. Code 5911.20
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 mist be
filed against each public entity.
B. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
Form.
REE: Claim By ) Reserved for Clerk's filing stamp
RECEIVED
Against the county of Contra Costa > i; FEB 9 1993
or )
CLERK BOARL_MO-PERVISORS
':
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 $ QQ�] and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
2. Where did the damage or injury occur? (Include city and county)
3. How did the damage or injury occur? (Give full details; use extra pe if ,
required)_ UOQ-s �Y\v � down `Eav\ L L �� �
Y2 .
.i.�.20X _ 5 _��_w_��y�d.QI� 3Z.Y_ __`f------------_--._--------
u. What particular act or omission on the part of county or district officers,
se.^vants or employees caused the injury or damage?
7. wnat are the nataes of county or district officers, servants or employees causing
the darage or infury?
_.•----------------------------------------------------------------------
5. What damage or- injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
111111 JJII II sc Q�eu� Iv�l►l\
6a �a-
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
vo
- ------- ----------Ez;----1'1_vv)A-I-C--S -
8. Names and addresses of witnesses, doctors and hospitals.
---------------------------------��.��._---�________�.--------- _--___--»_-----
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or.by some 2erson on his behalf."
Name and Address of Attorney
Claimant Is Signature
Address
Telephone No. Telephone No.
e
NOTICE
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment' .to 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.
02/08/93 13 46 a 4156872199 SPFELITE GLPSS P.01
KIM
Y
,7
SAF LI_I'fE_ AU•r•UGLASS CORP. QU(J-r E it : 10071 ORG DATE: 02-0A--l)3
.F?i1HiI A015 796 7 02-08-93 12",:: 11) :44 01)
c:098 MARKET ST
CONCORD ' Crl. 94320 INSURED J E I\I I r-'F-'R POLKAHLA
310 607-2150 f
PHONE I
PHONE2:
I.ASI-I-OAKL nND F?OI_I C:Y It
F'fO SOX 182278
COLUMBUS;.OH 43272, 6867 AT•I I/V E R
PO#/REF=:
LOSS LOC::
800 A835-209` LOSS DA1'E/C'AU'SE: .
58808 i- 000502- 8808 1 PAGE 1
YFAA MAKE f MODEL MILEAGE LICENSE STATE VEHICLE ID NUM13ER
1991 VOLKSWAGEN GLI JETTA`
4D SEDAN STK #:
QTY V"ART # LIS'T SELLING LABOR ', KIT,,MATLRIAL EXIENSIUN
1 FCWG92'-G 537. 80 2:'7. 32 49. 00 9. 95 29A. 27
SHADED WINDSHIELD
THIS IS. A QU07E ONLY. !-SART SUB TOTAL 249. 27
DO. NOT PAY ,rROM. THIS .DOWMENT. , LABOR SUB TOTAL, 149. 149)
SUN TOTAL 299. 27
SALES .TAX 211).
TOTAL ESTIMATE 318.83
THANK YOU FOR CHOOSING SF1F" 71_1 TE -FOR : YOUR AUTOGLASS NEEDS ! '
INSTALLER:. INFORMA-f IDN--=-=�___ �-~
I N—!3 I'O.RE NO'T SCHEDULED
U rry 1
WINDSHIELD REPAIR PO9SiSLE YES _ NO _ � I
.CU 3T INITIALS : ACCEPTED DECLINED ------_----------------'-- --.._....._-•____--
CMT: ___--- . . -FAX
_
: a3 Ho F
TEL :51C�-2 2<,-11 `=) FPt) 0 ; , <a3 1 .f=�1
WADSWOR'1 H GLASS COMPANY __._ ..AI -...
4160 APPIAN WAY,FL S08RANTE,CALIF.94803 / CZ' � INVOICE NO.
(610)223.7380 • FAX(510)223-1159 cC��
"RID
MAILt.71
CAu OUR R.O.NUMBERSOLDTO_
IAKfN BY YOUR ORDER NUMBER
STREET _
SONE CHA40E mllrcT
CITY_
-' TI WHEN DOW SY
JOB NAME
VIDEllyfq TI
ADDRESS
OTY SIVE DESCRIPTION UST. TOTAL L151 DIST tdTAL
X
1-2x
x
x
-x \rj
x
X `
xt1
(Yil]►
x
x
x ZAA
x
x M.
X
- J
T FRMS:ALL BILLS Lit IF FND or MON 114 OF rijnr,IASL.LIHObLIENT AFTER 1111 H QF FOLLOWING MONTH 19 T'FRCF}vT INTEIIEST CHAWiLb AF1ER ro DAYS.
PEEASE PAY FROM INVOICE. NO STATEMENT SENT UNUSS RSGUESTED.
RECEIVED THE ABOVE IN 0000 CONDITION DELIVERED BY_. DATE-
- --- ---- -- -- ---------------------------------- ---------------------------------------------------------
CLAIM 1. 1 5
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 MARCH 9, 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: $195.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: SCHNELL, Andrea
ATTORNEY:
Date received
ADDRESS: 5 La Punta BY DELIVERY TO CLERK ON February 9, 1993
Orinda, CA 94563
BY MAIL POSTMARKED: February 8, 1993 (envel:ope lost)
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim, ppHH gg
DATED: February 10, 1993
IV DeputyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of rvisors
( This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: IY�J BY: Deputy County Counsel
I11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER.: By unanimous vote of the Supervisors present
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date. 9
Dated: ��iR r 9 1993 PHIL BATCHELOR, Clerk, 8y , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personalty 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: MAR 1. �q� BY: PHIL BATCHELOR b 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.
Clair. 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 .ane. year.after the accrual of-the cause of action. . (Govt: .Coft'§911:2:)
B. Claims must be filed with the Clerk of the Board of Supervisors at it9 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_stam
Against the County of Contra Costa )
or ) 1� �' i1pre v
District)
(Fill- in name ) _� � ��n� e4,\0 Pe`
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 195'..00 and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
2. Where did the damage or injury occur? (Include city and county)
/(l
a-4 �g`� e4-/QiT
3. How did the damage or injury occur? (Give full details; use extra paper if
required`)
I�QGf /7r Z/? 1?7CIr7 JL'C��?<5
1 ! l/
AlQ "f!',x �c glvF `ic e'1 i.�J�' SuGlGle.��et tc� r o8'1"f a� C'o�t he Cov.�
C s��
-�'- jr r n r•.� ren .J
_ r�►�ve J;�fo m �, �v.,T rear-z4, Sj,)ce cue, dolssnct e��eC 919ctr�s7 d c) I'eGI GG�LI , f.�/41c�
4. What particular act or omission on the part of county or district officers,
servants or employ_ees caused_the_injury or damage? p
f 1 .�iJriS
J4 r
rw4d
1 �n(fu'C� i JiS , w� �('a.ucjj2 F Gci9,�lc fP 1 i�nClulf�r� . �Gi)S[�edeil7 1 .� .
a bAc k 4 sufferee sva)e 4ecK -r ha c/r cr Pn r `//t�
"'' Vat,'M-S ! h.e C(rr►K.r 514-led hr`S %on s�I�fJ2G� C� 4�e brae. eclo l en /b
`+P /��r. fl / ` (over)
!Ae uec=elera-kr
t
�. wnat are the na.-,�es of county or district officers, servants or employees causing
the damn- ge er infury?
------D1onun?S �lt i�d�/tG _1r►sVPF lo r �-------------- --------------
y
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
►� u /uelied See ._..
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Jor'sAar e5 . S-c e s-1 elwe-d'
----------------
8. Names and addresses of witnesses, doctors and hospitals.
l.� �fer .��e aCcr<ler�`�
wa6 Cliec f ohcl -keafed J)r. M, (e u Z d, s a
---------------------------a-9. List the expenditures you made on account of this accident or injury: �'_ fed 3
DATE ITEM AMOUNT V;51 ; ,4- f ez 1.tj+�-//i�C
Lrl�((,
_ -e a flu C/eW ������iLeJ S� n�
�ern� ��V ��S a 6
5Se,
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO:-,; (Attorney) or by some person on his behalf.1-
Name and Address of Attorney _ f .
Claimant's Signature
Address
Telephone No. Telephone No. �-5/b a?S 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 imprisonnr,�ent 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.
ITEMIZED STATEMENT
Account #: A67 800-621-9903
PATIENT & INSURED (SUBSCRIBER) INFORMATION INSURANCE CO.
1 PATIENT S NAME(first name,middle,n,t,a I.last nam c) 2.PATIENT'S DATE OF BIRTH J INSUREDS NAME(F,rst name.middle initial.last name)
Andrea Schnell 05-10/49 40
4.PATIENTS ADDRESS(Street.city.stale ZIP code) 5 PATIENTS SEX 6.INSURED'S I.D.No or SSM.(Include any letters)
5 La Punta F
Orinda CA 94563 7 •tf , rrT °r'°~:" 10 ":" 8 INSURED'S(;;;OiJP NO Group Name)
9. OTHER HEALTH INSURANCE COVERAGE-Enter name of 10.WAS CONDITION RELATED TO: 11.INSUREDS ADDRESS(Street.tory,stare,ZIP code)
Policyholder a n 0 Plan Name and Address and Policy or Medical A.PATIENT'S EMPLOYMENT
Assistance Number
none YES NO Same
B.AN AUTO ACCIDENT
YES yE No
12 PATI,EN T'S OR AUTHORIZED PERSON'S SIGNATURE(Read before signing)I authorize the release of any med,r.al 1J. I authorize payment of medical benefits to undersigned
information necessary to process this claim and request payment or Afed,care/Champus benefits either to myself or fo ph ysrcian or supplier for service described below.
the party who accepts assignment below.
SIGNED DATE SIGNED(Insured Or Authorized Person)
PHYSICIAN OR SUPPLIER INFORMATION. _
14.DATE OF: ILLNESS(FIRST SYMPTOM)OR t5.DATE FIRST CONSULTED t6.HAS PATIENT EVER HAD SAME Oil SIMILAR SY"PTOt.1S?
INJURY(ACCIDENT)OR YOU FOR THIS CONDITION
PREGNANCY(LMP) YES NO
DIAGNOSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .
Cervico-thoracic Joint Dysfunction (739. 1 )
Muscle Spasms (paravertebral ) (728.85)
DATE DESCRIPTION RVS CODE AMOUNT
------------------------------- ---------------------------------
01/13/93 Office Visit 90070 65.00
01/25/93 Office Visit 90070 65.00
02/01/93 Office Visit 90070 65.00
TOTAL SERVICES RENDERED ***** $ 1.95.00
- Payment Summary -195.00
---------------------------
BALANCE DUE $ 0.00
I I I I I I I I I I I I I I I I I I I I I I I I t l l l l l
* * * Please review above & sign #12 and forward to insurance carrier.
DOCTOR'S SIGNAT DATE
DR. MITCHELL R. CORWIN
CHIROPRACTIC KINESIOLOGIST
IRS NUMBER Phone NO. CAL. LIC. q
151 -38-9147 (510) 845-3246
DC 012144 2920 DOMINGO AVENUE
BERKELEY, CALIF. 94705
6 CLAIM . IS
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 MARCH 9, 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: $100,000 Section 913 and 915.4. Please note all "Warnings".
$200 Million
CLAIMANT: WILLIAMS, Leroy and
Class Action
ATTORNEY: Ralph Murphy
Contra Costa Legal. Services Date received
ADDRESS: Foundation BY DELIVERY TO CLERK ON February 8, 1993
1017 Macdonald Avenue
Richmond, CA 94553 BY MAIL POSTMARKED: hand delivered
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim, ppHH gg
DATED: February 10, .1993 B1IL DepuLyLOR,, 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: ��"` p 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 9 1993 PHIL BATCHELOR, Clerk, . Deputy Clerk
WARNING (Gov. code s 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: MAR 15 1993 BY: PHIL BATCHELOR 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.
Claim to: BOARD CP' SaFMVISORS OF MMM OQSTA OQQNTY '
INSTRUCTIONS TO CLAIMANT
A. Claim relating to causes of action for death.or for injury to person or to per-
sonal property or.growing crops and which accrue on* orbefore December 311, 1987,
must be presented not later than the 100th day after.the accrual of the cause of
action. Claim relating to causes of action for death or for injury to person `
or to personal property or growing crvps and which accrue on or after January 19
1988, must be presented mt 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 at`te- the accrual of the cause of action. (Govt. Code S911.2.)
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 ram- of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be.
filedagainst each public entity. '
E. Fraud. Spe penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
Torm.
* * * * * f * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
REE: Claim By ) Reserved for Clerk's filing stamp
Leroy Williams and a class of all others
RECE ED
similarly situated ) I�
Against FEB 81993 the County of Contra Costa )
or ) _
CLERK BOARD OF SUPERVISO
COSTA CO.
Fill in name ---
The undersigned clai .*zt hereby makes claim against the County of Contra Costa or
the above-named District in, she sva of sloot 000 for Williams • and in support of
this claim represents as folll ows: /and $200 Ydllion for class .
1. When did the etm=; a or injury-occur? (Give exact date and hour)
September 8, 1992 to
p present for-Williams
September 1, 1992 to present for class
2. Where did the damage ar injury occur? (Include city and county)
Richmond, Contra Costa County, for Williams
Contra Costa County for class
3. How did the darage or injury occur? (Give Hill details; use extra paper if
required) For Williams: County officials proposed and thea terminated his General
Assistance for 30 days for his failure to keep an appointment because of his alcoholism.
For Class: County officials proposed to and/or terminated G.A. grants illegally. See
attached demand letter.
4: What particular act cr mission on the part of county or district officers,
servants or employees caused the in jtay or damage?
For Williams: The County proposed to terminate and did terminate his G.A.
For Class: The County proposed to and/or did terminate G.A. in an unlawful manner
See attached demand letter
(over)
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
Each member of the Board of Supervisors from 9/1/92 to present, Perfecto Villarreal
Rose Manning, Don .Cruz, -Gary Hamilton, Ren Adams, Jewel Mansapit, and other County-
officials currently unknown ..
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
For Williams: emotional distress, lack of money for basic needs
-For Class: emotional distress, lack of money to meet basic needs, homelessness, illness
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
For Williams: Estimate of appropriate _:compensation for emotional distress
For Class: Estimate ,of appropriate compensation for emotional distress and other .injury
caused by homelessness or lack of money for basic needs
8. Names and addresses of witnesses, doctors and hospitals.
unknown at this time
9. List the expenditures you made on account of this accident or injury:
DATE ITEM., AMOUNT
For Williams: none—-
For Class: unknown
1,10)
=s•� Gov. Code Sec. 910.2 provides:
"The c aim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by ome person on his behalf."
Name and Address of Attorney
Ralph Murphy
Contra Costa Legal Services Foundatior TCalaimant's Signature
1017 Macdonald Ave. , P.O. Box 2289 '
Richmond CA 94553 703 Avenue
Address
Richmond CA 94804
Telephone No. 510)233-9954 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.
LAW OFFICES OF
CONTRA COSTA LEGAL SERVICES FOUNDATION
Main Office Telephone
1017 Macdonald Avenue West County(510)233-9954
P.O.Box 2289 East(510)439-9166
Richmond,California 94802 Central(510)372-5209
Fax(510)236-6846
January 27 , 1993
Tom Torlakson
Chairperson
Contra Costa County Board
of Supervisors
c/o Clerk of Board
County Administration Building
651 Pine Street
Martinez CA 94553
Re: General Assistance Sanction Policies and Practices
This is to inform you that the County's current policies and
practices concerning the termination of General Assistance for
alleged program violations are contrary to law. Unless the
County immediately brings the General Assistance program and the
General Assistance Alcohol and Drug Services into conformity with
the law we intend to file a class action lawsuit against the
County and County officials to obtain injunctive relief. In
addition, we intend to file a damages lawsuit against the County
regardless of its future action.
The unlawful practices and policies include the following:
1. G.A. recipients with alcohol and/or drug addictions are
terminated from the GAADDS program and their G.A. is terminated
for up to six months if they are unable to maintain abstinence or
if their illness makes them unable to comply with a rule such as
keeping an appointment. In addition G.A. recipients-with mental
impairments or with impairments caused by alcohol and drugs are
not assisted in complying with G.A. rules. These policies and
practices have caused many recipients to lose their G.A. and some
have become homeless. The County's actions are in violation of
many legal obligations including the Americans With Disabilities
Act and make the County liable for damages for the injuries
caused to G.A. recipients.
2 . Notices of termination of G.A. for up to six months are sent
to recipients without an inquiry by the Department as to why a
person failed to comply with a program requirement or giving the
person a new opportunity to comply. Recipients who have missed
an appointment because of a late bus or because of illness have
been told that no one will reschedule an appointment for them,
even if they call before the scheduled appointment. The only way
a new appointment will be scheduled is if a "good cause"
Tom Torlakson
January 27, 1993
Page Two
determination is made. Eligibility workers will not make such.
determinations until after a notice of termination is sent and,
then, many workers tell recipients that they must go to a hearing
on the matter. The Department fails to obtain sufficient
evidence of a willful failure to comply with program requirements
before proposing the termination of aid. Unreasonable
verification demands are made of recipients such as requiring a
written statement from a bus company as to the lateness of a bus
or a doctor's verification of an illness that did not require a
doctor's treatment. The whole system is set up in an irrational
manner so as to terminate the aid of G.A. recipients who are
attempting to comply with program requirements and are being
sanctioned anyway. The Welfare and Institutions Code only
authorizes sanctions when a person willfully fails to comply or
if there are at least three occasions of negligent failures. The
County's current sanction practices and policies violate state
law and due process constitutional requirements. These
violations of statutory and constitutional rights have resulted
in many people losing the aid they need to meet basic needs. The
County is liable for damages caused by these violations.
3 . The County is currently imposing sanctions for actions of
applicants for G.A. . These sanctions are without statutory
authority.
J
Ralph Murphy
Staff Attorney
RM:me
cc: Arthur W. Walenta
Perfecto Villarreal