HomeMy WebLinkAboutMINUTES - 06081993 - 1.34 CLAIM
� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JUNE 8, 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: $1,933.75 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: CULJAK, Philip and Sandra Lehti Culjak
ATTORNEY:
Date received
ADDRESS: 1034 N. Branciforte Ave. BY DELIVERY TO CLERK ON May 10, 1993 (via Risk Mgmt?)
Santa Cruz, CA 95062
BY MAIL POSTMARKED:
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: May 12, 1993 IVIL BATCHELOR. Cler
eputy
I1. FROM: County Counsel TO: Clerk of the Board of sors
( ) 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: ,oy 123 BY: C,• Deputy County Counsel
I
II1. 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: JUN P`8 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: V—/S —I?3 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF iNSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Phillip and Sandra Lehti Culjak
1034 Branciforte Ave.
Santa Cruz, CA 95062
RE: CLAIM OF: Culjak
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District
governed by the Board of Supervisors fails to comply substantially with
the requirements of California Government Code Section 910 and 910 .2,
or is otherwise insufficient for the reasons checked below:
[ ] 1 . The claim fails to state the name and post office address of
the claimant.
[ ) 2 . The claim fails to state the post office address to which the
person presenting the claim desires notices to be sent.
[xx] 3 . The claim fails to state the date, place or other
circumstances of the occurrence or transaction which gave rise
to the claim asserted.
[xx] 4 . The claim fails to state the name(s) of the public employee(s)
causing the injury, damage, or loss, if known.
[ ] 5. The claim fails to state whether the amount claimed exceeds
ten thousand dollars ($10,000) . If the claim totals less than
ten thousand dollars ($10,000) , the claim fails to state the
amount claimed as of the date of presentation, the estimated
amount of any prospective injury, damage or lass so far as
known, or the basis of computation of the amount claimed. If
the amount claimed exceeds ten thousand dollars ($10,000) , the
claim fails to state whether jurisdiction over the claim would
rest in municipal or superior court.
[ ] 6 . The claim is not signed by the claimant or by some person on
his behalf.
[XX] 7 . Other: Enclosed are two blank copies of the claim form. The
information requested on this form is necessary to initiate
your claim.
VICTOR J WESTMAN, County Counsel
By. .
De f Count Counse -
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664)
I declare that my business address is the County Counsel's Office of Contra Costa
County, 651 Pine Street, Martinez, California 94553; 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 addressed as shown above, sealed and
postage fully prepaid thereon, and thereafter was, deposited this day in the U.S.
Mail at Martinez, California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: May 13, 1993 at Martinez, California.
—16
cc: Clerk of the Board of Supervisors (original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE SS 910, 910.2, 920.4, 910.8)
RECEIVED via. �i.sK- nny r
•\3i
MAY 10 (993 SANDRA :LEHTI. CULJAK--
PHILIP CULJA . .
1034. N.BRANCI.FORTE AVE.
CLERK BOARD OF SUPERVISORS .SANTA CRUZ,CA.95062- .
ATTENTION: KATHLEEN jgrgdn CONTRA COSTA CO.
APRIL 29, 1993-
REaJOSEPH SICKLER
PROBATION DEPARTMENT
50 DOUGLAS DR. ,STE .200
,MARTINEZ,CA.94553-4068 .
DEAR..MS.LOSS-,
THIS IS TO INFORM YOU AND THE COUNTY-OF CONTRA COSTA
OF. OUR INTENTION TO-.MAKE .A CL AINST CONTRA C . OUNTY . I
THE: MATTER OF JOSEPH SICKLER FOR THE - ,DAMAGE TO OUR- 1986-°HONDA
_ACCORD WHICH .WAS STOLEN DURING =THE NIGHT FROM �OUR. DRIVEWAY.THE
ESTIMATES FOR REPAIR ARE. .E-NCLOSED..AS- WELL.,:AS -THE..- COSTS—INCURRED
.AND:.ALREADY .PAID FOR., THE AMOUNT :AT -PRESENT .ISS BUT;-NOT LIMITED TO
$1933.75. . .
JOSEPH SICKLER WHILE IN . THE CARE - .OF .. -CONTRA COSTA
COUNTY. AND .MCDOWELL...YOUTH .HOMES. STOLE A-LOCKED VEHICLE FROM: OUR
HOME DRIVEWAY AND.-DID CAUSE DAMAGE:. IN-EXCESS OF .$1933..75..: WE
. .BELIEVE WE ARE-:ENTITLED TO REIMBURSEMENT. FOR.-THE >DAMAGES< DONE.
PLEASE,.RESPOND WITHIN TEN - (10) DAYS AS, .TO YOUR
INTENTION TO -EITHER .PAY CFR,--NOT TO PAY.,THIS CLAIM. .I N .THE -AMOUNT OF
$1933.75.
IN RELY.,-,
PHI IP CU JAK . A DRA =L HTI .C6LJAK
P.S. PLEASE ADVISE US ,I.F: THERE -IS SOME OTHER- FORM NECESSARY. TO
INITIATE- OUR .CLAIM.
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Capitola Auto Plaza
4400 Auto Plaza Drive Parts Direct (408) 464-1800
Capitola, California 95010 Sales and Service (408) 464-1500
DATE ENTERED YOUR ORDER NO. DATE SHIPPED- INVOICE DATE
INVOICE
93 2 AFR 93 12 APR 93 NUMBER 9170
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2701 CON OMA B
ANTIOCH CA
DLR# 53476347
DATE :_. 83/2393
PHILIP CULJAK
UNOCAL
AC
2 9947 3595 8826
INV# 165399 18/93
REF# 921 28-814
RUTH# 88-872877
PUMP# 7 SELF
UNLDED PLUS 13 . 778
PRICE/GALi . 299
FUEL TOTAL $17 . 89
PIZZAGONI ' S
APPRECIATES YOUR
BUSINESS
THANK YOU
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FIRM NAME
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QUOTE RECORDED BY
JOB NAME - JOB DATE
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JOB NUMBER
TYPE OF WORK -
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DELTA AUTO GLASS
2701.8 So"Ave.
CA 95M,
47 1-Al 2
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COMPLETE BODY AND FRAME REPAIR
2505 Devpar Court • Antioch, CA 94509 754.4477 U!1 04t..4c..
y_ 24 HOUR TOWING ...:..
BILLTO: DATE '93
NAME +'7�✓ IC.f� '. 120a z
ADDR
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6PENT TIME P.M. MILES
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MAKE-LO- f4ear. " Lic.N o?fk2�;:g.
. SOLD BY CASH C.O.D. CHARGE ON ACCT. TRUCK NO.
TOW: FRONT- ❑ _ REAR ❑ DOLLY ❑ �j�
FROM: 71oCt
To: AOC
SERVICED AT:
❑ CHANGE OF TIRE ❑ DEL GAS ❑ DEAD BATTERY
E3 MECHANICAL FIRST AID:
LABOR:
1�
ADVANCE CHGS. _
BRIDGE TOLL
STORAGE .-
SERVICE
_,�ECEiVED B :. - TOTAL
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CSE h'Sc,--.L, 70
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89384
FNAME—L_khYEAR MAKE 4,/0,11 ,7f'' MODEL
12i
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LICENSE NO.� f� MILEAGE 41-1
i STATE ZIP rF/ VIN NO.
H.PHONE W.PHONE PROD.DAT BODY CODE PAINT TRIM
" INS.CO. ADDRESS DATE OF LOSS CLAIM NO.
ADJUSTER PHONE LIC.NO. FILE NO. D.D.
DETAILS OF REPAIR PARTS INDEX
LINE RE- RE- ,:` : °- LABOR HOURS -
NO. PAIR PLACE R=Repair S Straighten A=Aftermarket N=New PI PARTS SUBLET/MISC.
R/C=Recycle/Rechrome/Recore U=Used R=Rebuilt BODY PAINT FRAME MECH
1 � �
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
`23
24
25
26 I
27L I i
OLD PARTS WILL BE DISCARDED UNLESS OTHERWISE INSTRUCTED TOTALS ► r j
SOMETIMES AFTER THE WORK HAS BEEN STARTED,ADDITIONALLY DAMAGED OR WORN PARTS ARE DISCOVERED j6
_(/ O'
WHICH WERE NOT EVIDENT ON FIRST INSPECTION.THIS DAMAGE REPORT DOES NOT COVER OR INCLUDE ANY ADDI-. L BODY_hrs..
Cf
TIONAL PARTS OR LABOR WHICH MAY BE REQUIRED.ALL PARTS PRICES ARE SUBJECT TO INVOICE, A s �
J _hrs. t
I hereby authorize the above work and acknowledge receipt of copy. B PAINT
0
FRAME R hrs.,_Z)-
Signed X Date MECH hrs.
PARTS Prices subject to invoice—
SUBLET/MISCELLANEOUS
nvoiceSUBLET/MISCELLANEOUS I '
Paint Supplies—hrs.,_a Q�9THE .FLARE 5"'HOR ✓
Body Supplies_hrs.
115 McPherson St. Towing/Storage
EPA/Waste Disposal Charge
Santa Cruz, CA 9"060 Qij i
408 425-5990 ( SUB TOTAL ..............
TAX_ % on$
WRITTEN BY TOTAL, $
,x`1988 I/D/E/A inc. Fr,�No. 1024 I/D/ESA Inc.,One 1/DiE,%way,Caldwell 'C?3605-0900•CALL TOLL FREE 1.800-635-9261
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enville
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Locksmiths rn �
1010 Center street
YEAR Santa Cruz,CA 95060
(408)423-3252 .Contractors Lic. #530147
SANTA CRUZ 0CKSMITHS SINCE 1837
- ... .- NAME
It
1� .., -:• .I ADDRESS
Pr' Lr
.. RgPHONE
-
.. LOCATION ?"^ - —'�•` BUS.PHONE -� -
QTY 'DESCY. N', PRICE AMOUNT
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........
..._...........................
................................ _............_._...._. ........
- _ CUSTOMER'S x - TOTAL _
- SIGNATURE /� MATERIALS I '
...: _ ..
AUTHORIZATION FOR SECURITY/EMERGENCY SERVICES TOTAL
LABOR
I hereby certify that I have the authority to order the lock,key or security work
_................".................................}...............
designated above.Further,I agree to absolve the locksmith who bears this au- SERVICE CHG. -
thorization from any and all claims arising from the performance of such work. TRIP CHG.
SIGNATURE - DATE -
SUBTOTAL
ADDRESS ..".................._TAX.....................,...............-........... 1
T
IFAUTO E.
— VEI MAF�E , `/� LICENSE/SERIAL NUMBERd 2-51I
TOTAL �I
`. C'C
WORK ORDER
PROOUCf 61430
1
6s k-_p
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'-I'..I"Z,ZAGGIYI U -AL:._76 INVGlICE P21-10,12.'..,...., :.:_.. .-........:."
i NI T I AL: REPAIRS-T-0--VEf+l CE:E- UPON. RECOVERY�---.
2. -TEMPLAR'S AUTO-_BODY INVOICE :4004. . ..,,
POLICE REQUESTED TOW- FROM; RECOVERY:--SCENE-
ANS STORAGE FOR GNE{I} :DAY PLUS BATE :FEE.
CHEVRON ROAD SERVICE PAID---50,00-.;.._... .
-3 GAS _INCLUDES A FULL .TANK-IN -VEHICLE STOLEN,_... ..._
A FULL TANK TO RETURN VEH ICLE- FROM ,AMT-I OC14,--
AS WELL AS GAS FOR VAN TO RECOVERY ,VEHICLE
I N ANT I OCH AND .RETURN TO ".SMTA CRUZ.
4. .REPLACE WINDSHIELD —DELTA AUTO GLASS - 252.40
5. REPLACE I GN I T I ON,STEER I US COLUMN-COVER..
KEY SET FOR DESTROYED LOCKS OCEAN INVOICE
9170
..8. REKEY AND INSTALL LOCKS KENVILLE LOCKSMITHS 250.04
7. THE FLARE SHOP INVOICE 893848. FOR REPAIR. TO
PASSENGER SIDE. DOOR..,.HANDLE._AND SEAL 350.34 - -
'S. 15 CASSETTE_.TAPES .AND..£ARRYING.-CASE STOLEN
FROM VEHICLE�AS YET NOT RETURNED. 174.04
9. REPAIR DAMAGES VINYL DASH. x!o . �3g� s. g!o
sU t3 - TOTAL s1533.75
RE EMD 1. 3y
CLAIM
5 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
COUNTY COUNSEL.
Claim Against thaAAFUREry CMIDistrict governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT ,TUNE 8, 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: DIEFFENBACH, Robert F. and Lorri E.
ATTORNEY:
Date received
ADDRESS: 1850 Rainbow View Drive BY DELIVERY TO CLERK ON May 3, 1993
Walnut Creek, CA 94595
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, p
DATED: May 5, 1993 BAIL BATCepuHELOR, Cler
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ✓j This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: Ifl BY: �C Deputy County Counsel
II1. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD OR ER: By unanimous vote of the Supervisors present
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: JUN 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 16; 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: 6- /.5= q 3BY: PHIL BATCHELOR Deputy Clerk
CC: County Counsel County Administrator
. l -
' Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
DZS7WCTIONS TO CLAD4ANT
1
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 19879
must be presented not later than the 100th 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 5911.2.)
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•
A'
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 See. 72 at the end of this
or
RE: &1m.By c ) Reserved for Clerk's filing stamp
RECEIVE
Against the County of Contra Costa JW=- 3
or )
District) CLERK BOARD OF SUPERVISORS
Fill 1n name ) CONTRA COSTA CO.
The undersigned claimant hereby makes claim the ty of Contra Costa or
the above-named District in the sum of $ and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
B. Where did the rage or 4"nj"u.-y LIZ- 7 (include city and county)
3. How did the damage or injury occur? (Give full details; useext per if n
required) M7-.0 4ee s Ke�ov
41 What particular act or omission part of county or, istrict officers,
ser ants employ s caused t e injury or e?
+ eu� �...,1 I ��.a` -- a 11,WC-4- '
n e,� k t o�e�J► V¢Co i 4es i d i N
C Q — -CLilcch� `�i aQ `�'��h a r.� hna►• tr. tic SKvL��(Ser
r ►`vs
` Ccc�cire �. � ker rne�ee ��mac. wso r►b e,l CLde
ivwac --
acc a c� j o�� dor s ;r�Z� 5 �� �� �h��g
5. What are the names of county or district officers, servants or employees cnausi
�C r�
' hh or in'ury
AO^mak --=- --- l _ _
6. at damage or injuries do youcl�;ulted? (Give full extent of i j�wies or
damages claimed. Attach two estimates for auto damage.
ItA A I 1A X9 Dt
7. . How was the amount claimed abovelcomputed? (Include the 6timatamount of anj
prospective injury or damage.)
I
- -- �---- --��---- ---� -��`--�-----fes-- -----�--- `z`-`
B. Names and addresses of witnesses, doct8rs and hospitals.
9. List the expenditures you made on account of this acc dent or injury:
DATE ITEM AMOUNT`/
GAD
Gov. Code Seca 910.2 provides:
r" "The claim must be si ed by nclaimant
SEND NOTICES TO: (Attorney) orb m ers on ha
Name and Address of Attorney
lai is ignature
Address
C4
Telephone No. Telephone "1o.
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 'sueh imprisonment and fine.
3y
CLAIM
0 ilia( ti 5 VAD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
3. WY Mum -
Claim Against the Cou iliXW.ct governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JTJItii 8, 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: $10,000,000 for each claimant Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: KRUMLAND, Gerald and KRUMLAND, Alexander (Sasha)
ATTORNEY:
Date received
ADDRESS: 28063-2 — 14th Avenue BY DELIVERY TO CLERK ON April 30, 1993
Oakland, CA 94606
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.
JyHHIL BATCHELOR, Clerk
DATED: May 5, 1993 5: Deputy
07
II. FROM: County Counsel TO: Clerk of the Board of Su ors
( ✓) 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: ouq Jr J9l3 BY: Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
VDOThis 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: JUN 8 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 claimanttas shown above.
Dated: 6—I5-9.3 BY: PHIL BATCHELOR b Deputy Clerk
CC: County Counsel County Administrator
" '
RECEIVE®
APR 3 01993
1 CLAIM AGAINST THE COUNTY OF CONTRA COSTA
CLERK BOARD OF SUPERVISORS
2 CLAIMANT: Tm CONTRA COSTA CO. r
Gerald Krumland, on behalf of himself and on behalf of his son,
3 Alexander . (Sasha),. Krumland, ' a minor.
4 NOTICE TO CLAIMANT:
Gerald Krumland; 28062-14th Avenue; Oakland, CA 94606
5 (;vo) 533- t?7ef-Y,
AMOUNT OF CLAIM:
6 Ten million dollars ($10,00.0,000). for each claimant.
7 DATE CS) _ OF CLAIMED ACTS COMPLAINED Ok'
March 15, 19.91 up to and including the present date; March 8 ,
8 1993, when the most recent Report of County employee Jean Hawkins
was filed; Christmas of 1992, when Claimants were denied visits
9 with each other by court order supported by Reports of various
County employees,
10
NATURE OF CLAIM, FACTS, INJURIES AND DAMAG&S:
11 County of Contra Costa employees fuled. a Dependency Petition
against Claimant Gerald Krumland on March 15,. 1991 which was
12 false, libelous and slanderous and defamed said Claimant.
13 Judge John Minney, Paula Hollowell-Dhar, Edward Mann,. Jean
Hawkins, Mark-'. Estes, ,Penny James, Rosemary Bower, Antonia
14 Bercovici, Barbara Suskind, And Terrance Cady participated in
the continuing acts which resulted in the continuing systematic
. 15 deprivation of parental rights of Claimant Gerald Krumland and
resulted in the continuing systematic deprivation of the
16 parenting of Alexander (Sasha) Krumland by his father.
17 All .the Court Reports filed in the Dependency action were
slanderous, libelous, and defamed Claimant Gerald Krumland. On
18 appeal, the Court found no basis for jurisdiction and stated
"there simply is no abusive conduct. " Claimants have suffered
19 continuing physical and emotional distress and have had to secure
the services of an attorney to vindicate their rights.
20
Claimants allege: Violation of and Conspiracy to Violate Rights
21 guaranteed under 42 U.SC . 1981 and 1983; violation of Rights
secured under the California Constitution; Libel; Slander; Both
22 Negligent and Intentional Infliction of Emotional Distress; Loss
of Consortium of Both Claimants; Negligence, Defamation; Assault;
23 Right to Attorneys' Fees under 42 U.S .C. 1988.
24 LOCATION OF CLAIMED INJURIES:
Primarily Alameda and Contra Costa Counties; NorthernCalifornia.
25 p 1
26
April 27, 1993 GERALD A. KRUMLAND, On Behalf Of
27 Himself And His Son, ALEXANDER G.
28 (SASHA) KRUTALAND
- R��rv�® t.3 Y
CLAIM
`• I, M Ai 5 1993 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
7/
Claim Against th:.0 NTY ClOU istrict governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT J,TINE 8, 199 3
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: $25,000.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: LIGGINS, Shari
ATTORNEY: Carter A. Beavers-
610
eavers-610 —16th Street, Ste. 522 Date received
ADDRESS: Oakland, CA 94612 BY DELIVERY TO CLERK ON May 3, 1993
BY MAIL POSTMARKED: hand delivered
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: May 5, 1993 IVIL i AATTCYELOR, Clerk
epuII. FROM: County Counsel TO: Clerk of the Board of uperv' ors
( 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).
J
( ) Other:
Dated: _ S of 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. q
Dated: PHIL BATCHELOR, Clerk, By . Deputy Clerk
WARNING (Gov. code secon 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: BY: PHIL BATCHELOR by,,3 Deputy Clerk
CC: County Counsel County Administrator
'C-I.aim to: BOARD OF SUPERVL90RS .OF CONTRA COSTA COUNTY
ImstAUCTIONS 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. Code5911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 1069 County Administration Building, 651 Pine Street, Martinez, CA 94553•
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By ) Reserved for Clerk's filing stamp
SHARI LIGGINS )
1% NED
•Against the County of Contra Costa ) _ 31993
or ) MAY
District) CLERIC 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 $ 25000 .00 and in support of
this claim represents as follows:
--------------------
1. When did the damage or injury occur? (Give exact date and hour)
March 19, 1993 Approx. 9: 30 a.m.
------------------ -------------------------------------
2. Where did the damage or injury occur? (Include city and County)
The injury occurred on Lynbrook near Harvey street in West Pittsburg,
Contra Costa County
----------------------------- ---
3. How did the damage or injury occur? -- (Give full details, use extra paper if
required)Claimant was walking down Lynbrook when she stepped on a circular
cover on the side walk. That cover was not level with the sidewalk
causing claimant to fall injuring herself.
--------------------------- ._.. __.._ __���------------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage? Claimant alleges that the
County of Contra Costa caused her injury because they failed to maintane
the public sidewalk in a safe condition.
(over) �
5. What are the names of county or district officers, servants or employees causing
' the damage or injury?
i
Unkown at this time
--------------------------------- ---------------------------------------------------
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Claimant, an 8'-2 month pregnant woman has severe back, hip and neck injury
as a result of the fall.
--------------------- ---------------------------------------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.) Claimant currently has ongoin3medical expenses
and has great pain and suffering as a result.The amount of claimant ' s
medical bills is still unknown.
-------------------------------------------------------------------------------------
8. Names and addresses of witnesses, doctors and hospitals.-
Witness: Docrtors:
Kathy Carson Tuan H. Mahamood �_., jeis Medanos Hos
Gregory Castillo, �D C F
497 Clifford Ct 498 Lisa Ann St. 337 E. Leland__Rd- -� P.o..< Bx_ 44Q53
West Pittsburg West Pittsburg, CA �A_g.4144
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
�3
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or some person on his behalf."
Name and Address of Attorney
Carter A. Beavers (2,14&'
"
(Claimant -s Signature
610 16th Street, Suite 522
Oakland, CA 94612
Address
Telephone No _ Telephone No.
* * * * * * *
N 0 T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment to any state board or officer, or to any county, city or district board or
officer, authorized to allow or pay the same if genuine, any false or fraudulent
claim, bill, account, voucher, or writing, is punishable either by imprisonment in
the county jail for a period of not more than one year, by a fine of not exceeding
one thousand '($1,000), or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by
both such imprisonment and fine.
CLAIM
i •.`r �,r ;� 5 1gg' 5. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Cly a'
e County, or District governed by) BOARD ACTION
.the;" Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JUI`IE 8, 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: $51,000.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: PATERSO11, Julie
ATTORNEY: Omar I. ,Habbas, Esq.
Habbas, Amendola & Heffner Date received
ADDRESS: Law Offices BY DELIVERY TO CLERK ON April 30, 1993
2105 So. Bascom Ave. St. 248 not available
Campbell, CA 95008 BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: May 5, 1993 CVIL BATCYELOR, Clerk
epuII. FROM: County Counsel TO: Clerk of the Board of Su`ptr7llsors
(� This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: I/3 BY: g. Deputy County Counsel
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).
1V. BOARD ORDER: By unanimous vote of the Supervisors present
( Y1 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: JON n9 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 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: BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
'
- = "
. �
^ LAW OFFICES OF
x��
. c�/ / a��l7���i, L� ��� J�effnElt RECEIVED
ATTORNEYS AND COUNSELORS A7LAW
801 12th Street,Suite 500
Sacramento,-'--- 2lO5SoufhBuaoonn/�x*` � 248 Ste. CLERK 130ARD OF SUPERVISO
mwcopo (916)325-9620 Campbell,CAP5OO8 CONTRA COS RS
Telephone(4O8)377-8787WALNUT CREEK OFFICE ----~�--~°
Te|ecopier.(408)377-87V9
.
/mmNorth California Blvd,Suite mm OAKLAND OFFICE
Walnut Creek,uxo45o `»»Hegenberger Rd.,Suite um
Telephone(5/0)9�-878/ n^klan CA 94621
Te/eopo,(5m)9u'oomReply To: CAMPBELL Telephone(510)568-8787
Telecopio (510)568-7644
T{)- COUNTY OF CONTRA COSTA DATE: 4-29-93
BOARD OF SUPERVISORS
651 Pine St' , Room 106
Martinez, CA 94553 FOR: Patterson v- County of Contra Costa
DOA: 3-3-33
Attn: Clerk of The Board
Please take action as indicated below:
XX
PIease file enclosure's
-----
XX
_ Return endorsed, filed copies to the undersigned
Signature of the Court, filing and return of" endorsed,
filed copies to the uoderaigoed
issue original and deliver to os : Summons,
Writ, Abstract of Judgment
--- ---- .
flecord and return to the undersigned
Set for fIealriog
For your records and information
Check No. enclosed for
XX_ Self-addressed envelope enclosed for your convenience
Other
' . Vary truly yours,
EB
.
Rosario Zyeo, S�Atary to
0nor Z. Habbaa, Esq.
/rr .
,,Ennl' County Claim/3 copies.
,
LAW OFFICES OF
ATTORNEYS AND COUNSELORS AT LAW
SACRAMENTO OFFICE
801 12th Street,Suite 500
Sacramento,CA 95814 2105 South Bascom Ave.,Ste. 248
Telephone(916)924-8787 Campbell,CA 95008
Telecopier(916)325.9620
Telephone(408)377-8787
Telecopier(408)377-8799
WALNUT CREEK OFFICE OAKLAND OFFICE
1990 North Calrlornia Blvd.,Suite 830 100 Hegenberger Rd.,Suite 210
Walnut Creek,CA 94596 Oakland,CA 94621
Telephone(510)934-8787 CAMPBELL Telephone(510)568.8787
Telecopier(510)932-8616 Reply TO: Telecopier(510)568.7644
C 1 D
Ap it 29, 1993 3 0 1993
a
COUNTY OF CONTRA COSTA
BOARD OF SUPERVISORS Ci.V.RK BOARD OF SUPERVISORS i
651 PINE ST. , ROOM 106 C®�fTRA COSTA CO.
MARTINEZ, CA 94553
ATTN: CLERK OF THE BOARD
CLAIMANT ' S NAME : Julia Paterson
1605 Riviera Ave. , #2
Walnut Creek, CA 94596
AMOUNT OF CLAIM: $51, 000 . 00
ADDRESS TO WHICH 2105 S . Bascom Ave . , Ste . 248
NOTICE IS TO BE SENT : Campbell, CA 95008
DATE OF ACCIDENT: 3-3-93
LOCATION OF ACCIDENT: Merrithew Memorial Hospital Pharmacy
And Health Center
2500 Alhambra Ave .
Martinez, CA 94553
COUNTY ENTITY : Merrithew Memorial Hospital
OCCURRENCE : Initially, Ms . Patterson was
taken to Merrithew Memorial Hospital
and was diagnosed with Pneumonia. At
that time, it was also discovered that
she suffered from Asthma . While at the
COUNTY OF CONTRA COSTA
BOARD OF SUPERVISORS
April 29, 1993
Page -2-
hospital, Ms . Patterson was prescribed
Prednisone, a drug given for treatment
for Asthma . This prescription called
for 5mg. tablets taken at 12
tablets per day over the course of
three days, diminishing this dosage
within a week or so . Instead, this
particular prescription was filled
by the hospital pharmacy at 20mg . per
tablet, with the same instructions of
12 tablets per day. The maximum dosage
to be taken is 60mg. in the course of
one day . Ms . Patterson had consumed 240
mg. per day Ever the course of several
days .
DESCRIPTION OF INJURY : As a result of this incident, Ms .
Patterson continues to suffer from
swelling to her face, arms and hands,
and she suffers from hot flashes,
memory lapses, and has further
developed facial hair.
CLAIM:
MEDICAL TO DATE :
Merrithew Memorial Hopsital
2500 Alhambra Ave .
Martinez, CA 94553
$ approx . $1, 000 . 00
GENERAL DAMAGES : $50, 000 . 00
TOTAL AGES : $51, 000 . 0
DATED : /DAM/7 ,
/ OMAR I . HABBAS, ESQ.
ATTORNEY FOR CLAIMANT,
SIGNED ON BEHALF OF CLAIMANT
CONFIDENTIAL
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
MEMORANDUM
Date: May 5, 1993
TO: Jeanne Maglio, Clerk of the Board of Supervisors
FROM: Victor J. Westman, County Counsel
jC# By: Gregory C. Harvey, Deputy County Counsel
RE: Claim of Julia Peterson
Attached please find a claim on behalf of Julia
Patterson for filing. This claim is filed by the Law Offices of
Ryan and Tabor and was sent in error to Merrithew Memorial
Hospital . A prior claim for this same claimant for the same
incident was filed on April 30, 1993 by the Law Office of Habbas,
Amendola, & Heffner. These should be treated as separate claims.
I have written to both law offices, sending them copies
of both claims and told them to work it out. Hopefully, once the
plaintiff makes up her mind who is representing her, one of the
the law firms will withdraw the duplicate claim.
cc Ron Harvey
Mark Finucane
errithew
emorial
Ocp�4Qd M `l 51993
AND CLINICS
May 5, 1993
Office of County Counsel
Contra Costa County
Re: Julia Patterson
47-62-07-6
We are in receipt of a CLAIM on the above named patient,
sent by certified mail and received 5/4/93 .
Mark Finucane
Hedlth Services Director
cla
enc
xc: Ron Harvey
Contra Costa County
A-301A (3/87)
I RYAN & TAB OR
ALLAN M. TABOR
2 STATE BAR NO. 52846
11 Embarcadero West, Suite 130
3 Oakland, CA 94607
Telephone ( 510) 444-5350
4
Attorneys for Plaintiff
5
6
7
CLAIM
8
JULIA PATTERSON,
9
Claimant,
10
VS.
11
COUNTY OF CONTRA COSTA,
12 MERRITHEW HOSPITAL ,
ME RRI THEW PHARMACY AND
13 DR. GRACE FLOUTSIS,
14 Respondents
15
A. Claimant Julia Patterson lives at 1605 Riveria Ave . ,
16
Apt . 2 , Walnut Creek, CA 94596 .
17
B . Notices in this matter are to be sent to Ryan & Tabor ,
18
11 Embarcadero West, Suite 130 , Oakland, CA 94607 .
19
C. On. March 31 , 1993 , chile hospitalized at Merrithew
20
Hospital Dr. Floutsi s and the pharmacy of Merrithew Hospital
21
prescribed Prednisone to be taken by Julia Patterson 12 times a
22
day in 5 mg tablets. In fact she was given 20 mg tablets and as
23
a result of their negligence has been injured and harmed to an
24
extent yet to be determined including but not limited to bloated
25
up, dry skin , swollen eyes and pain . Respondents were negligent
26
in diagnosing claimant, negligent in preparing and filling the
27
prescription and negligent in administering the prescription to
28
RYAN&TABOR claimant by failing to give proper instructions.
ATTORNEYS AT LAW
PORTOBELLO SQUARE
11 EMBARCADERO WEST,SUITE 130 1
OAKLAND,CA 94607
(510)4443350
1 D. Injuries: Bloating , dry skin , swollen eyes, pain.
2 E . Damages with respect to this claim. The jurisdiction
3 rests properly in the Superior Court and exceeds $25 ,000 .00 .
4 F. Names of public employees known at this time: Dr. Grace
5 Floutsis.
6 DATED: April 28, 1 993 RYAN & TAB O
7
BY
8 AL14A6 M. TABOR
9
10
1t
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RYAN&TABOR
ATTORNEYS AT LAW
PORTOBELLO SQUARE
11 EMBARCADERO WEST,SUITE 130 2
OAKLAND,CA 94607
(510)444.5350
a
1 PROOF OF SERVICE BY MAIL
(CCP SECTION 1O13 (A) , 2015.5)
2
I am a citizen of the United States and am employed in the
3
County of Alameda , California. I am over the age of eighteen
4
years and not a party to the within action ; my business address
5
is 11 Embarcadero West, Suite 130 , Oakland, California 94607 .
6
On April 28 , 1993 , I served the within CLAIM in said
7
action by placing a true copy thereof enclosed in a sealed
8
envelope with postage thereon fully prepaid , in a United States
9
Postal service mail box at Oakland , California addressed as
10
follows:
11
CERTIFIED MAIL
12 RETURN RECEIPT REQUESTED
13 Dr'. Grace Floutsi s
C/o Merrithew Hospital
14 2500 Alhambra Avenue
Martinez , CA 94553
15
CERTIFIED MAIL
16 RETURN RECEIPT RE Q UE S TE D
17 • Merrithew Hospital
2500 Alhambra Avenue
18 Martinez , CA 94553
19 GE RTI FI E D MAIL
RETURN RECEIPT REQUESTED
20
Merrithew Pharmacy
21 c/o Merrithew Hospital
2500 Alhambra Avenue
22 Martinez , CA 94553
23 I declare under penalty of perjury that the above is true and
24 correct. Executed on the above date at Oakland, California.
25
26 ALL M. TABOR
i
27 3
28
RYAN&TABOR
ATTORNEYS AT LAW
PORTOBELLO SQUARE
1 EMBARCADERO WEST,SUITE 130
OAKLAND,CA 94601
(510(444-5350
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CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JUNE 8, 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: ROGERS, Porscha (minor)
ATTORNEY: Timothy M. Hamilton
Attorney at Law Date received
ADDRESS: One Daniel Burnham Ct. , Ste. 391C BY DELIVERY TO CLERK ON April 26, 1993
San Francisco, CA 94109-5460 April 22 1993
BY MAIL POSTMARKED: p
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: May 25, 1993 JyIL BATCHELOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( ✓) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other: Te.'( �%I*. late C�a.t44a �
. '"Ll '�ZeU(OLIL 2a -L&
lA,, ytl A 'Romr&_ be ��.� se o f C_\O.tvkawt,s V"UVt021T Y. T'ke &*Ieb
��tak�d viow �t-),w ��QI1Yt
Dated: 2 7 ig 9 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
(V1 This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: JUN 8 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 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: BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
I TIMOTHY M. HAMILTON #90270
One Daniel Burnham Court, Suite 391C RECEIVED
2 San Francisco, California 94109-5460
3 (415) 394-9965 APR 2 619M
Attorney for Claimant
4 PORSCHA ROGERS, a Minor CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
5
6
7 In the Matter of the Claim of )
PORSCHA ROGERS, a Minor, )
8 ) CLAIM FOR PERSONAL INJURIES
(Gov.Code §910)
9 Against )
10 )
CONTRA COSTA COUNTY. )
11 )
12 )
13 )
14
TO: THE CLERK CONTRA COSTA COUNTY BOARD OF SUPERVISORS:
15
You are hereby notified that PORSCHA ROGERS, a Minor, claims
16
damages from Contra Costa County in an amount that exceeds $10, 000.
17
Jurisdiction rests in the Superior Court.
18
1. The name and post office address of the claimant:
19
PORSCHA ROGERS, a Minor
20 2634 Lowell Street
Richmond, CA 94804
21
22 2. Address to which Claimant wishes notice to be sent:
23 The Law Offices of Timothy M. Hamilton
One Daniel Burnham Court, Suite 391C
24 San Francisco, CA 94109-5460
(415) 394-9965
25
3. The date, place and circumstances of the occurrence giving rise
26 to the claim asserted:
27 On April 24, 1992, at approximately 3:30 p.m. , PORSCHA ROGERS,
28 a Minor, was riding her bicycle south on 28th Street near Rheem
-1
1 Avenue in the City of Richmond. She was struck by an automobile
2 traveling west-bound on Rheem Avenue. Claimant alleges that the
3 County of Contra Costa dangerously, improperly, negligently,
4 recklessly, or consciously designed, controlled, serviced, repaired,
5 monitored, modified and/or maintained Rheem Avenue and 28th Street
6 in the City of Richmond and the intersection of Rheem Avenue and 28th
7 Street in the City of Richmond at or near the location of the
8 accident and its environs, including, but not limited to, the curbs,
9 shoulders, center lanes, landscaping situated thereon, located at or
to near the intersection, and among other things, said public entity
11 failed to maintain, service, repair, modify, or otherwise control
12 said location despite increased traffic patterns and numerous
13 accidents which occurred at said location since its design and
14 construction. Further, despite the knowledge of said public entity
15 of the traffic volume on said roadways and of the danger to school
16 students in the neighborhood, the vehicular speeding, the accident
17 frequency, etc. , the above-designated public entity failed to post
18 warning signs and/or safe speed limit signs for the traffic thereon,
19 failed to install adequate controls and/or failed to take other
20 reasonable, adequate or necessary measures or precautions to prevent
21 speeding and/or to slow traffic traveling on said roadways to a safe
22 speed under all the circumstances. Moreover, said location and
23 intersection was inadequately designed, monitored, modified,
24 repaired, serviced, signed and/or controlled, in view of the nature
25 of the neighborhood, the close proximity of the public school, the
26 topography of the roadways, the uncontrolled, unrestricted approaches
27 to the intersection, the known speeding and the high traffic volume.
28 Additionally, said public entity failed to give adequate warning of
-2-
1 the presence and location of school children and other pedestrians,
2 thereby contributing to the dangerous situation at that heavily
3 traveled intersection in the City of Richmond. The above-mentioned
4 government entity failed to warn members of the general public,
5 including claimant, of each and every factor set forth herein and of
6 the dangerous, unsafe and concealed condition, which constituted a
7 trap to members of the general public, including claimant. As a
g direct and proximate result of the combination of all the factors set
9 forth herein, said public entity created and perpetuated the
10 dangerous and unsafe condition at said intersection and its environs
11 which resulted in the severe personal injuries of claimant PORSCHA
12 ROGERS, a Minor.
13
14 4. The general description of injury, damage or loss:
15 As a result of this accident, PORSCHA ROGERS, a Minor, has
16 sustained severe fractures to her left ankle and left tibia. She
17 also suffered closed head injuries and remained hospitalized for
18 approximately two months. She has permanent, irreversible injury to
19 her body, including, but not limited to, her left lower extremity and
2p her brain. Porscha will require ongoing medical care, therapy,
21 treatment, etc. and will be deprived of earning capacity as she
22 matures into an adult. She has also suffered great pain, anxiety,
23 discomfort, etc.
24
25 5. The name or names of the public employees causing the injury,
26 damage, if known:
27 Claimant does not currently know the names of any such public
28 employees.
-3-
1
2 Dated: April 22, 1993 THE LAW OFFICES OF TIMOTHY M. HAMILTON
3
4
5
By: TIMOTHY M. HAMILTON
6 Attorney for Claimant PORSCHA ROGERS,
a Minor.
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-4-
1 PROOF OF SERVICE
2
I am over 18 years of age and not a party to the within
3
action. I am a resident of and employed in the City and County of
4
San Francisco and my business address is One Daniel Burnham Court,
5
Suite 391-C, San Francisco, CA 94109.
6
On the date shown below, I served a true copy of:
7
CLAIM AGAINST PUBLIC ENTITY
8
9 on the parties listed below:
10 The Clerk of the Board of Supervisors
Board of Supervisors for Contra Costa County
11 351 Pine Street, Room 106
Martinez, CA 94553
12
13 by placing true copy(ies) in postage-prepaid sealed envelope(s) and
14 by depositing the envelope(s) in a United States mailbox at
15 San Francisco, California.
16 I declare under penalty of perjury under the laws of the State
17 of California that the foregoing is true and correct.
18 Executed at San Francisco, California on April 22, 1993.
19
20 7
Catherine E. Singels
21
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-3-
3 C/
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Alainst the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JUI\TE 8, 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: $1,700,000.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: SANCHEZ, Cassidy Marie (minor
SANCHEZ, Anthony and Suzanne
ATTORNEY:
Date received
ADDRESS: 3555 Esperanza Drive BY DELIVERY TO CLERK ON May 6, 1993 `.
Concrord, CA 94519
BY MAIL POSTMARKED: May 5, 1993 (certified)
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
May 10 1993 JyIL BATCHELOR, Clerk
DATED: Y , eputy
II. FROM: County Counsel TO: Clerk of the Board of sors
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: da, m 1 f 9 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: J U N 8 1993 PHIL BATCHELOR, Clerk, B , 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:_ In'l S'/3 BY: PHIL BATCHELOR Deputy Clerk
CC: County Counsel County Administrator
ANTHONY SANCHEZ
SUZANNE SANCHEZ RECEIVED
3555 Esperanza Drive
Concord, CA 94519
May 5, 1993
CLERK, BOARD ,OF SUPERVISORS
CONTRA COSTA COUNTY
651 Pine, Room 106
Martinez, CA` 94553
Re: CASSIDY SANCHEZ, a minor
Dear Sir/Madame: Q
We have enclosed an original and one copy of Claim Against
Merrithew Memorial Hospital, County of Contra Costa. Would you
please submit the original to the Board of Supervisors, stamp
the copy with your "Received" stamp/endorsement, acknowledging_
your receipt of this claim, and return the copy to us in the
envelope which we have enclosed.
Very truly yours,
SUZANNE SANCHEZ
SS: sk
enclosure
CERTIFIED MAIL NO. P 393 963 237
RETURN RECEIPT REQUESTED
1 CLAIM AGAINST
2 MERRITHEW MEMORIAL HOSPITAL, CONTRA COSTA COUNTY
3
4 TO: CLERK, BOARD OF SUPERVISORS
5 CONTRA COSTA COUNTY
651 Pine, Room 106
6 Martinez, CA 94553
7 CLAIMANTS: CASSIDY MARIE SANCHEZ, a minor
ANTHONY SANCHEZ and SUZANNE SANCHEZ
8 CLAIMANT'S 3555 Esperanza Drive
9 ADDRESS: Concord, CA 94519
10 ADDRESS TO 3555 Esperanza Drive
SEND NOTICES: Concord, CA 94519
11 DATE AND
12 CIRCUMSTANCES: On or about November 6, 1992, and prior
thereto during prenatal care while at Mer-
13 rithew Hospital, County of Contra Costa, its
N employees and agents, so negligently and
14 N carelessly, and otherwise conducted them-
selves so as to cause severe and disabling
15 ® w� injuries to the minor claimant CASSIDY MARIE
LU SANCHEZ during the course of her birth.
� 0 Claimants SUZANNE SANCHEZ and ANTHONY SAN-
co 0
CHEZ were resent duringthe course of said
u-o
LJJ
17 ¢ �rx� delivery and observed and became aware of
LU g m o the negligent and careless treatment ren
La sU dered to their daughter and such negligence
uw and carelessness was directly inflicted upon
19 " claimants under the principles set out in
"Dillon v. Legg" . That said negligence and
20 carelessness caused severe and disabling
injuries to each claimant as hereinafter set
21 forth.
22 DESCRIPTION OF
23 INJURY OR DAMAGE: As a direct result of the carelessness and
negligence of the County of Contra Costa,
24 its employees and agents, claimants suffered
severe disabling physical and mental inju-
25 ries, including, but not limited to, shoul-
der injuries to the minor claimant.
26 NAMES OF PARTIES,
27 EMPLOYEES, AGENTS
CAUSING INJURY: Unknown at present, although the nursing
28 personnel present at the time of the deliv-
ery and the doctors present, and the physi
i i
1 clans and medical personnel who evaluated
2 claimants SUZANNE SANCHEZ and CASSIDY MARIE
SANCHEZ prior to the delivery.
3 AMOUNT CLAIMED: CASSIDY SANCHEZ,. One Million and 00/100 Dol-
4 lars ($1,000,000.00) ; SUZANNE SANCHEZ, Five
Hundred Thousand and 00/100 Dollars
5 ($500,000.00) ; ANTHONY SANCHEZ, Two Hundred
Thousand and 00/100 Dollars ($200,000.00) .
6
7 Dated: May 5, 1993 CASSIDY MARIE SANCHEZ, a minor
8 SUZANNE SANCHEZ
ANTHONY SANCHEZ
9
10 By s.►c14-e 2 M%.'
SUZANNE SANCHEZ
11 On behalf of all Claimants
12
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2
e ..
1 PROOF OF SERVICE
2 I, the undersigned, hereby declare:
3 I am a citizen of the United States, over the age of
4 eighteen ( 18) years, and not a party to the within action; I am
5 employed in the County of Alameda and my business address is 200
6 Webster Street, Suite 300, Oakland, CA 94607-3789.
7 On the date set forth below I served the within docu-
8 ment(s) -- CLAIM AGAINST MERRITHEW MEMORIAL HOSPITAL, COUNTY OF
9 CONTRA COSTA -- on defendants by placing a true copy thereof in
10 a sealed envelope with postage prepaid, addressed as follows, and
11 placing same for collection and mailing in a depository main-
12 tained by the United States Postal Service:
13 CERTIFIED MAIL NO. P 393 963 237
14 RETURN RECEIPT REQUESTED
15 CLERK, BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
16 651 Pine, Room 106
Martinez, CA 94553
17 I declare under penalty of perjury under the laws of the
18 State of California that the foregoing is true and correct. Ex-
19 ecuted May 5, 1993 at Oakland, California.
20
21
22 S phafiie Kihneman
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