HomeMy WebLinkAboutMINUTES - 07131993 - 1.35 RECEIVED , 3S
CLAIM AMINDED ►J U N 2 U 1993
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
JOUNTY OOUNSB
" MARTINE'a; 5/WF.
Claim Against the County, or District governed by) . BOARD ACTION
.the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JP,y 13, 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: CAMARISTA, Arthur
ATTORNEY: Alastair R. McCloskey
Law Offices Date received
ADDRESS: 3300 Telegraph Avenue BY DELIVERY TO CLERK ON June 23, 1993
Oakland, CA 94609 certified
BY MAIL POSTMARKED: June 21, 1993
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED: June 28, 1993 lyIL DepuiyLOR. Clerk
I1. FROM: County Counsel TO: Clerk of the Board of Supervisors
( Vf This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: � _- 2 9 , 19 13 BY: 0. 4) Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated:
'JUL 13 1993 PHIL BATCHELOR. Clerk, By Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you-want to consult
an attorney. you should do so immediately. *For additional warnina see reverse side of this notice.
AFFIDAVIT OF MAILING
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: q ��3 BY: PHIL BATCHELOR b Deputy Clerk
CC: County Counsel County Administrator
LAW OFFICES OF
• ALASTAIR R. McCLOSKEYRECEIVE ',
3300 TELEGRAPH AVENUE
OAKLAND, CA 94609
(510) 451.5444
JW 2 3 199"
i
13 June... 19:9 3., CLE BOARD OF SUPERYISQRS
CONTRA COSTA CO.
Clerk, Board of Supervisors
651 Pine Street Suite 101
Martinez , Ca. 94553-0116
Reference: Arthur Camarista
Dear Sir/Madame :
This is in reply to the notice of insufficient
claim sent to us by your county counsel dated 25 May 1993 ,
copy enclosed.
1 ) . Arthur Camarista, 2998 Mary Ann Lane ,
Pittsburg, Ca. 94565
2 ) . All notices should be addressed to claimant
representative ( See above letter head) .
Attention: Bill Nivens , Paralegal
3 ) . Date of Loss : 29 March 1993 Pittsburg Health
Center, 550 School St . , Pittsburg, Ca.
Claimant was departing facility and slipped and
fell on a badly defective walkway.
4 ) . Public employee causing injury was Pittsburg
Health Center.
5 ) . Claim exceeds $10, 000 and jurisdiction of
claim resides in the Municipal Court .
Respectfully submitted,
W
01astair R. M Woskey
rney for Claimant
ARM:ben
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Alastair R. McCloskey
3300 Telegraph Ave.
Oakland, CA 94609
RE: CLAIM OF: Arthur Camarista
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 .21
or is otherwise insufficient for the reasons checked below:
[xx] 1. The claim fails to state the name and pbst office address of
the claimant.
[xx] 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.
[xx] 5. The claim fails to state whether the amount claimed exceeds
ten thousand dollars ($10,000) . If the claim totals less than
ten thousand dollars ($10,000) , the claim fails to state the
amount claimed as of the date of presentation, the estimated
amount of any prospective injury, damage or loss so far as
known, or the basis of computation of the amount claimed. If
the amount claimed exceeds ten thousand dollars ($10,000) , the
claim fails to state whether jurisdiction ^-ver the claim would
rest in municipal or superior court.
6 . The claim is not signed by the claimant or by some person on
his behalf.
[xx] 7 . Other: Please note that the Pittsburgh Health Center is a
facility owned operated by the County of Contra Costa. The
claims provisions of the California Tort Claims Act are
therefore applicable. Claims against this facility shouldbe
submitted to the Clerk of the Board of Supervisors at 651 Pine
Street, Rm 101, Martinez.
VICTOVICTOR J. WESTMAN, County Counsel
By:
R
yq aunty Coun-1-1
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. SS 1012, 1013a, 2015.5; Evidence Code SS 641, 664)
I declare that my business address is the County Counsel's Office of Contra Costa
County, 651 Pine-Street, Martinez, California 94553; 1 am a citizen of the United
states, over 18 years of age, employed in Contra Costa County, and not a party to
this action. I served a true copy of this Notice of Insufficiency and/or Non-
acceptance of Claim by placing it in an envelope addressed as shown above, sealed and
postage fully prepaid thereon, and thereafter was, deposited this day in the U.S.
Mail at Martinez, California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: May 25, 1993 at Martinez, California.
cc: Clerk of the Board of Supervisors (original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLKIKI QM. CODS 56 910, 910.2, 920.4, 910.8)
CONFIDENTIAL
COUNTY COUNSEL'S OFFICE RECEIVE®
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA ' .,1 2 5 J
MEMORANDUM CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Date: June 23, 1993
TO: Jeanne Maglio, Clerk of the Board of Supervisors
Attention Jeannie Borsarge, deputy clerk
FROM: Victor J. Westman, County Counsel
By: Gregory C. Harvey, Deputy County Counsel
R$: Camarista Claim
Please treat the attached documents as an amended claim.
— AMENDED /. 35
CLAIM
Z . BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JULY 13, 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: $250,183.00 Section 913 and 915.4. Please note all "Warnings".
CLAIMANT: WILLIAMS, John Charles
ATTORNEY: Richard Scheuler Law Firm
Thomas J. Hilligan, Esq. Date received
ADDRESS: P.O. Box'8548 : BY DELIVERY TO CLERK ON Time 17, 1993 cert_;fied
Red Bluff, CA 96080 June 15, 1993
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. H gg
DATED: June 21, 1993 IVIL DepuiyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Sup rs
(� This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: 2--3 , i yp3 BY: Deputy County Counsel
III. FRDM: 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
( Vf This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: JUL 13 1993 PHIL BATCHELOR, Clerk, By . Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult
an attorney, you should do so immediately. *For additional warnina see reverse side of this notice.
AFFIDAVIT OF MAILING
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: -7 q3 BY: PHIL BATCHELOR D Deputy Clerk
CC: County Counsel County Administrator
THE LAW FIRM OF RICHARD SCHEULER
ATTORNEYS AT LAW
RICHARD SCHEULER 437 WASHINGTON STREET
THOMAS J. HH.LIGAN P.O. BOX 8548
RED BLUFF, CA 96080
(916) 529-4791
FAX (916)-529-5234
RECEIVE®
June 15, 1993 JUN 7199:3
Clerk of the Board of Supervisors CLERK BOARD OFSUPERVIS
Room 106 CONTRA COSTq Co.
County Administrative Building
651 Pine Street
Martinez, CA 94553
Re: John Chrles Williams v. County of Contra Costa
Dear Clerk of the Board,
Enclosed is the original and one copy of the Amended Claim to the Board
of Supervisors of Contra Costa County. Please return a conformed, file
stamped copy in the stamped, self-addressed envelope provided.
Very truly yours,
THOMA J. HILLIGA
TH/blf
Enclosure
AME-LADED-.--
`:..Maim to: BOARD OF SUPERVISORS OF CONM COSTA (RUNTY
INSTRUCT,ONS TO CI.URW
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,
mist 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
Roam 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
f ct eA�k�t�i# # * e e e e * s f s f � e e f • f e e f e e s s f f e a e * e e e e s e
RE: .. Claim By ) Reserved for Clerk's filing stamp
John Charles Williams ) RECEIVE®
Against the County of Contra Costa ) JUN 1 71993
or )
CLERK BOARD OF SUPERVISORS '
District) CONTRA COSTA Co.
Fill in name ) _v...
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ 250 ,183. 00 and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
December 24 ,. 1992 at 8:30 p.m.
2. Where did the damage or injury occur? (Include city and county)
Chico , Butte County, California & Martinez, Contra Costa, County, CA
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
f
See Attached
4: That particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
See Attached
5. What are the names of county or district officers, servants or employees causing
the damage or injury?
See attached
6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
False imprisonment over a six day period from December 24 through
December 29, 1992.
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
See attached.
8. Names and addresses of Witnesses, doctors and hospitals.
Arresting officer, City of Chico Police Department.
Booking & custodial officers, City of Chico Police Department and
Butte County Sheriff's Department.
See attached
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
12-24-92 Towing and Storage $ 150.00
12-29-92 Transportation to Chico 33. 00
12-24-92 False imprisonment 250 ,183.00
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES T0: (Attorney) or some person on his behalf."
Name and Address of Attorney C �. --�
Thomas J. Hilligan Claimant's Sture
Law Firm of Richard Scheuler (TJe Law Firm of Richard Scheuler
P.O. Box 8548 q.0. Box 8548
Red Bluff, CA 96080 Address
Red Bluff, CA 96080
Telephone No. 916-5294791 Telephone No. 916-529-4791
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.
Attachments to cluing to 1301-Ird of Supervisors of Contra Costa County
Re: John Charles W'illi,u'lls
3. 1 was arrested on the above date by an officer of the Chico Police
Department pursuant to ,t warrant issued by the Municipal Court,
County of' Contra Costa, Mt. Diablo Judicial District. That warrant was
issued on February 26, 1992, in Case No. 110647-5, People v. John
Charles Williams, allegedly for my failure to appear in that court on
that date. Following that arrest, I was booked and Jailed in the Butte
County Jail until December 28, 1992, when I was taken under
custody to the Contr-,t Costa County Jail in Martinez. On December 29,
1992, while still in custody, I was brought before the Municipal Court
Judge who had issued the warrant for my arrest, Judge J. d.
I-Iatzenbuhler, who after reviewing the record in my case, ordered
my release.
A review of nl� c,rse, Contra Costa County Municipal Court Case
No. 110647-5, will indicate that as a result of a violation of Vehicle
Code Section 23152-1 and a subsequent conviction for that offense, I
was placed on Slllllnl,try probation for three years, commencing
March 21 , 1988.
In Janu,u'y, 19921, 1 was arrested for another DUI offense in-
Tehama County, Calil'ornia, and in February, 1992, I was convicted of
that offense. In bite January, 1992, apparently as a result of my
arrest in Teh,tnla County, 1 was notified that I was ordered to appear
in the Contra Costa County Municipal Court in Case No. 110647-5. A
copy of' that notice is attached as Attachment A. Upon receiving such
notice, I both called and wrote the Court informing it that I believed
that I was no longer on probation when my difficulties arose in
Tehama County. Jlldoe Hatzenbuhler acknowledged the existence in
the court's file of my phone call and my letter to the Court in my
appearance before hills on December 29, 1992. The Judge observed
that I was not on probation after March 21 ,1991 , and therefore
Should not have been ordered to appear based on any alleged
violations of' probation occurring in 1992, and further that a warrant
for my arrest should not have been issued based upon my non-
appearance before hint.
Attachments, pzwe I
4. There .was an apparent failure on the part of the Clerk of the
Municipal Court of Contra Costa County, Mt. Diablo Judicial District,
and his or her SUbOfdlnateS in determining that I was in a
probationary status beyond March 21 , 1991, and further in alleging
to the Municipal COUrt that I had purportedly violated that probation
during 1992.
5. The Clerk of the Municipal Court of Contra Costa County, Mt.
Diablo Judicial District and his or her subordinates in that
department having cognizance of my case.
7. a. Towim, and storage of my motor vehicle as the result
of mw arrest on 12/24/92 in Chico, California: $150.00
b. Publilc IransportLit ion fare from Martinez,
California, to Chico, California, on 12/29/92: $33.00
C. General darna�,,es for:
Arrest warrant outstanding from
1 /26/92 to 12/24/92;
False imprisonment from 12/24/92
to 12/29/92, including Christmas. $250,000.00
8. The Clerk of' the Municipal Court of Contra Costa County, Mt.
Diablo Judicial District and his or her subordinates in that
department havin- cognizance of my case.
Attachments, pa-c 2
Space Below use of Court Clerk Only
JOHN CHARLES WILLIAMS
P.O. BOX 161
MINERAL, CA 96063
pl.t
Lt
MUNICIPAL COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
MT. DIABLO JUDICIAL DISTRICT
PEOPLE OF THE STATE
Plaintiff(s)
VS. CASE NUMBER 110647-5
ORDER TO SHOW CAUSE FOR
JOHN CHARLES WILLIAMS
Defendant(s) PROBATION VIOLATION
(Abbreviated Title)
TO: THE ABOVE—NAMED DEFENDANT
IT APPEARING TO THE COURT that you have bean nhargf-d wif-h GVC-231-92(4 in
Red Bluff Judinial T)jstrict-
(date)
NOW, THEREFORE, YOU ARE HEREBY ORDERED AND DIRECTED to appear in this court at
2970 Willow Pass Road, Concord, Ca.
1950 Parkside Drive, Concord, Ca.
II 1010 Ward Street, Martinez, Ca.
on 2126./92 at 0 - ()() ._&M. , to show cause why you should
(date) (time) C,&
not be punished for contempt in disobeying the mandate of this Court.
A BENCH WARRANT WILL BE ISSUED FOR FAILURE TO APPEAR.
Dated. 215/92
Judge ofthe'Municipal Court
J.D. HATZENBT"",.':'r'v,
JDH:km
238-2M-4/89
1 PROOF OF SERVICE BY MAIL - CCP 1013a(3)
2 I declare that:
3 I am employed in the County of Tehama, State of California. I am over the
4 age of 18 and not a party to the within action. My business address is 437
5 Washington Street, P.O. Box 8548, Red Bluff, California 96080.
6
On June 15 , 1993, I served the within Amended Claim by
7 John Charles Williams aglainst the Contra Costa Counts
8
9
on the defendant in the said cause, by placing a
10 true copy (copies) thereof in a sealed envelope(s) with postage thereon
11 fully prepaid addressed as follows: MAILED EY CERTIFIED MAIL
RECEIPT NO. P 995 168 634
12 Clerk of the Board of Supervisors
Room 106
13 County Administration Building
651 Pine Street
14 Martinez , CA 94553
las
16
17
18 and placing it (them) for collection and mailing on that same date following
L9 the ordinary business practices of The Law Firm of Richard Scheuler, at its
place of business, located at 437 Washington Street, Red Bluff, California
20 96080. I am readily familiar with the business practices of The Law Firm
21 of Richard Scheuler for collection and processing of correspondence and
documents for mailing with the United States Postal Service. Pursuant to
22 said practices the envelope(s) would be deposited with the United States
23 Postal Services that same day in the ordinary course of business.
24 I declare under penalty of perjury under the laws of the State of California
and the United States of America that the foregoing is true and correct, and
2' that this declaration was executed on June 15 1993, at Red
25 Bluff, California.
27i �n__�
28 Babette L. Fries
Ii,01. ,r" :.fir. .J�
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1 35
CLAIM
?' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JULY 13, 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 oy the Board oT Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Undetermined Section 913 and 915.4. Please note all •warnings".
CLAIMANT: SMITH, Cynthia
ATTORNEY:
Daae received
ADDRESS: 5852 Drakes Drive BY DELIVERY TO CLERK ON June 10, 1993
Byron, CA 94514 certified
BY MAIL POSTMARKED: June 9, 1993
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. pp�HI gg
DATED: June 18, 1993 B`f IL DeputyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of visors
( V) This claim complies substantially with Sections 910 and 910.2.
{ ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: � � Z� , /y1'.� BY: AQ_ . Deputy County Counsel
III. FRDM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD OR:R: By unanimous vote of the Supervisors present
( ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: J U L 13 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.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 :.s shown, above.
Dated: —7f� q / 2j BY: PHIL BATCHELOR b _ Deputy Clerk
CC: County Counsel County Administrator
I ICYNTHIA SMITH
5852 Drakes BI d.-Py-;%-e-
RECEIVEL),
2 Byron, CA 94514
Telephone: ( 510) 634-2419 JM 1 01993
In Pro Per
CLERK 8WD OF SUPERVISORS
I CONTRA COSTA CO.
6
8 Claim of:
9 CYNTHIA SMITH
10 Claimant, CLAIM FOR PERSONAL
INJURIES
11 VS. [Government Code §910]
MERRITHEW MEMORIAL HOSPITAL,
COUNTY OF CONTRA COSTA
13
Respondents.
15
TO: COUNTY OF CONTRA COSTA BOARD OF SUPERVISORS
16 651 Pine Street
Martinez, CA 94553
17
YOU ARE HEREBY NOTIFIED that CYNTHIA SMITH, whose address
18 pfR I vc-7 V�
is 5852 Drakes B3-vel:, Byron, CA 94514, claims damages from
19 MERRITHEW MEMORIAL HOSPITAL and COUNTY OF CONTRA COSTA, in an
20
amount in excess of $10,000-00.
21 This claim is based on the injuries sustained by
22 Iclaimant, on or about January 10, 1993. Claimant presented to
23 Merrithew Memorial Hospital with numerous facial lacerations, which
24 were not properly treated. As a result, , claimant developed a
25 serious facial infection, which required her to undergo significant
26 subsequent medical care and treatment and expense.
27 The name( s) of the public employee(s) causing claimant' s
28
1 injuries under the described circumstances are not known to
2 claimant.
i The injuries sustained by claimant, as far as known, as
4 of the date of presentation of this claim, consist of permanent
5 facial scarring and pain and suffering.
0 Jurisdiction over the claim would rest in the Superior
Court of Contra Costa County, California.
8 All notices or other communications with regard to this
eer
9 claim should be sent to claimant at 5852 Drakes �ci. , Byron,
10 California 94514, ( 510) 634-2419 .
11 Dated: June 8, 1993.
12 C N SMITH
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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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 JULY 13, 1993
and Board Action. All Section references are to The copy of this document mailed to you is your notice of
California Government Codes. i the action taken on your claim by the aoard of Supervisors
(Paragraph IV below), given pursuant to Government Code
Amount: Undetermined Section 913 and 915.4. Please note all •Warnings".
JONES, Tyrone
CLAIMANT: HARTWELL, Ronnie
GRAVES, Willie
ATTORNEY: Colleen S. O'Neal
P:O...Box 7129 Date received
ADDRESS: Santa Rosa, CA 95407-0129 BY DELIVERY TO CLERK ON June 7, 1993
BY MAIL POSTMARKED: June 5, 1993
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
��IL BATCHELOR. Clerk l
DATED: June 8, 1993 : Deputy
II. FROM: County Counsel TO: Clerk of the Board of Sup isors
( )) This claim complies substantially with Sections 910 and 910.2.
( 1. 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).
( ✓f Other: �"fi'Z� P&&� 4% Z.�t-�c� D(.Ldl'. .", 64402._
�i.L o-�vx�.►�l. ��le�c rad. �►. d. ,b,�, �,e•u.�'"
Dated: 7 , 9 3 BY: 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).
IV. BOARD 0 ER: By unanimous vote of the Supervisors present
( ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: J U L 13 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:_ -7—/ '�?j BY: PHIL BATCHELOR Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Colleen S. 0"Neil
P.O.Box 7129
Santa Rosa, CA
RE: CLAIM OF: Jones, Hartwell, Graves
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 .21
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.
[ ] 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 loss so far as
known, or the basis of computation of the amount claimed. If
the amount claimed exceeds ten thousand dollars ($10,000) , the
claim fails to state whether jurisdiction over the claim would
rest in municipal or superior court.
[ ] 6 . The claim is not signed by the claimant or by some person on
his behalf.
[xx] 7 Other: None of the entities described in the claim are
controlled, supervised, or managed by the County of Contra
Costa. Contra Costa Community College is a separate public
entity. We suggest that you check the register of public
entities on file at the County Clerk's office for the address
of the proper entities involved in this claim.
VICTOR J. ESTMAN, County Counsel
By:
ep ounty ; ounse
PAGE 1 OF 2
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: June 10, 1993 at Martinez, California.
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)
PAGE 2 OF 2
9
RECEIVED
CLAIM AGAINST M 71993
i
COUNTY OF CONTRA COSTA ' I
CLERK BOARD OF SUPERVISC'
CONTRA COSTA CO
(Government Code Section 910.et seq. )
CLAIMANT: Name: RONNIE HARTWELL
TYRONE JONES
WILLIE GRAVES
ATTORNEY FOR CLAIMANT: Colleen S. O'Neal
P.O. Box 7129
Santa Rosa, CA 95407-0129
(707) 575-1156
DATE AND TIME OF DAMAGE OR INJURY: 2:30 p.m.- 6:30 p.m. Dec. 4,
1992
LOCATION OF OCCURRENCE: Contra Costa County Community College
2600 Mission Bell
San Pablo, CA
CIRCUMSTANCES OF OCCURRENCE: During the course of an illegal
arrest, and in the absence of probable cause or provocation,
claimants were beaten, hit with billy clubs, choked and handcuffed
in a manner that was excessively tight. After an extended delay
claimants were transported to the San Pablo Police Dept. or
Juvenile Hall for booking.
Claimant alleges that the acts set forth above are indicative
and representative of a repeated course of conduct by members of
the Contra Costa Community College Police Services, San Pablo
Police Dept. , Contra Costa County Sheriff's Dept. , and Richmond
Police Dept. tantamount to an informal custom or policy of
condoning and encourageing the use of excessive force, and the
infliction of summary corporal punishment against citizens. The
CITY OF RICHMOND, CITY OF SAN PABLO, COUNTY OF CONTRA COSTA AND
CONTRA COSTA COMMUNITY COLLEGE, by and through its supervisory
officials, has been given notice on repeated occassions of a
pattern of ongoing constitutional violations and practices by its
police officers, but has consciously failed to enact necessary or
appropriate measures to prevent the perpetuation of such a pattern
of conduct. Further, said entities and their representatives have
consistently and negligently failed to adequately select, train,
supervise, assign, evaluate and discipline their employees.
Said law enforcement departments regularly engage in activity
designed to coverup police misconduct and continue the code of
silence, thereby encouraging and continuing the violation of the
constitutional rights of citizens.
The officers in question did not act reasonably and over-
reacted to the inquiries of claimants in part, if not wholly, on
account of their race.
DESCRIPTION OF LOSS, DAMAGE OR INJURY:
Violation of civil rights, interference with exercise and enjoyment
of rights secured by the laws and Constitution of the United States
and the State of California, assault and battery, false
imprisonment, false arrest, negligent conduct resulting in physical
injury, emotional injury, malicious and selective prosecution, and
attorneys fees to bring this action.
NAME (S) OF EMPLOYEE(S) CAUSING INJURY, DAMAGE OR LOSS, IF KNOWN:
Carlos Carter and additional unidentified officers.
AMOUNT CLAIMED AT PRESENT, INCLUDING ESTIMATE OF PROSPECTIVE LOSS:
Attorneys fees (total amount unknown) , jurisdiction in Superior
Court, Punitive damages.
NAMES AND ADDRESSES OF WITNESSES, DOCTORS AND/OR HOSPITALS.
Dr. William Jenkins
3619 Cutting Blvd.
Richmond, CA
Dr. James E. Wood, Jr.
155 Filbert St. , Suite 245
Oakland, CA 94607
DATED: June 4 , 1993 SIGNED:
Colleen S. O'Ne 1
PROOF OF SERVICE BY MAIL
I declare that:
I am over the age of eighteen years and not a party to the
within entitled cause; my business address is P.O. Box 7129, Santa
Rosa, CA. , 95407-0129.
On June 4 1993 , I served the:
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
CLAIM AGAINST THE CONTRA COSTA COUNTY COMMUNITY COLLEGE DISTRICT
on the interested parties by causing the above document(s) to be
placed in a sealed envelope, with postage thereon fully prepaid, to
be deposited this date with the United States Postal Office at
Santa Rosa, CA, addressed as follows:
Contra Costa County Board of Supervisors
651 Pine St.
Martinez, CA
I declare under penalty of perjury that the foregoing is
true and correct, and that this document was executed on
June 4 , 1993, at Santa Rosa, CA.
--
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CLAIM
S. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT J V LY 13 , .: 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: HUNTER, Jacqueline
ATTORNEY: Jacqueline P. Love i l l e
Law Office Date received
ADDRESS: The Bishop Center BY DEIIYERY TO CLERK ON June 4 , 1993
11884 San Pablo Ave. cer.tf.ied
El Cerrito, CA 94530 BY MAIL POSTMARKED: June 3 , 1993
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. ppHH 8g
DATED: June 7 , 1993 61IL DeputyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Su isors
( ;4 This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: J U44 _ , 19 9 3 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
( 0""This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: J U L 13 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: -7 q 123 BY: PHIL BATCHELOR b Deputy Clerk
CC: County Counsel County Administrator
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT .
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause. of
action. Claims relating to causes of action fordeathor for injury to person
or to personal property or growing-crops'and which accrue, on or after January 11
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with' the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By Reserved for Clerk's filing stamp
JacQuelijae Hunter
VE D
Against the County of Contra Costa—)
or
JUN 41993
District)
CLERK BOARD OF SUPERVISORS
(Fill in name) CONTRA COSTA CO.
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sum of $ and in support of
this claim represents as follows: Jurisdiction: Superior Court
1. When did the damage or injury occur? (Give exact date and hour)
Monday, January 11 , 1993 at 3:59 pm
--—-----r_-.ter-------------------
2. Where did the damage or injury occur? (Include city'and county)
East bound on Market Street, 10 feet west of 19th Street, city of
San Pablo, Contra Costa County
----—--------
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
See attached
-----------—--------------- ---------------------------------
4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
Contra Costa County Sheriff Cavin was driving at a speed unsafe for the
conditions and was reading a map when he struck the rear of Plaintiff
Jacqueline Hunter's husband ' s vehicle (Everett L. Hunter) which was
lawfully stopped at an intersection for a pedestrian to cross.
5. wnaL are tne names of county or district officers, servants or employees causing,
the damage or injury?
James Aubry Cavin, Contra Costa County Sheriff
----------------------------- --------------------------------------------------
6. What damage or injuries do you claim-resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
See attached
-—------------------------------ -----------------------
7.
---------------------
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
Jurisdiction for this case will rest in Superior Court
-------------------------- -----------___-
3. Names
-----
Names and addresses of witnesses, doctors and. hospitals.
N/A
-—------------------------— —-----—-----
9. List the expenditures you made onaccount of this accident or injury:
DATE ITEM AMOUNT
N/A
Gov. Code See. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) - orb some person on his behalf."
Name and Address of Attorney p �)
ac ueli AttoLney for
Law Office of Jacqueline Loville Claimant
The Bishop Center
11884 San Pablo' Avenue 5425 Martis Court
El Cerrito, CA 94530 CAddress)
__ F1 Snhranfaf ('A - 2ARD-A ---
Telephone No, 51Q) 2 3 3-5510 Telephone No. ( 51 223-3874
W 9
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)4 or by both such imprisonment and fine, or by imprisonment in
the state prison, by a fine of not exceeding ten thousand dollars ($10,000t or by
both such imprisonment and fine.
ATTACHMENT TO CLAIM FOR:
JACQUELINE HUNTER
3 . How did the damage or injury occur?
At such time, place and date, a certain white 1992 Ford
Crown Victoria, California license E359656, was so
carelessly and negligently owned, entrusted, operated,
maintained, controlled and serviced by the employees,
servants or agents of Contra Costa County, so as to cause
same vehicle to violently collide with the maroon 1989
Buick Regal, California license number 2PJG047, driven by
plaintiff, thereby directly and proximately causing
plaintiff to sustain injuries and damages herein
mentioned.
Plaintiff Jacqueline Hunter's husband, Everett L. Hunter,
was in his vehicle, a maroon 1989 Buick Regal, California
license 2PJG047, driving east on Market Street.
At approximately 3 : 59 pm, he stopped his vehicle on
Market Street, approximately 10 feet west of 19th Street,
to allow a pedestrian to cross the street. While
plaintiff Hunter was stopped, he was struck from the rear
by James A. Cavin, an on-duty Contra Costa County
Sheriff. Cavin was driving a marked sheriff's vehicle,
a white 1992 Ford Crown Victoria, California license
E359656.
6. What damage or injuries do you claim resulted?
Plaintiff Jacqueline Hunter was/is, at all times, the
spouse of Everett Hunter. As a result of the injuries
Everett Hunter suffered in the above cited accident,
plaintiff Jacqueline Hunter has been deprived, for an
undeterminable period of time, of the consortium of her
spouse. Such loss of consortium includes, but is not
limited to, moral support, household chores and duties,
maintenance and management of the family home, conjugal
fellowship, sexual relations and more. As a result of
her loss of consortium, plaintiff Jacqueline Hunter has
suffered damages of an unascertained amount, subject to
proof at trial.
THE LAW OFFICE
of
Yacquefine P. Lode
The Bishop Center
11884 San Pablo Ave.
El Cerrito,CA 94530
Telephone(510)233-5510
FAX(510)233-5943
June 2, 1993 JUN 41993
ARK S0A'iD0FStjp
C rIVISOa co. P
�'v -A COS
Clerk of the Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
RE: Filing of Claims for Everett Hunter and Jacqueline Hunter
Dear Madam/Sir:
Enclosed please find three copies each of completed claims for my
clients, Everett Hunter and Jacqueline Hunter.
Please stamp and file one copy of each for your action and return
two stamped copies of each to my office in the envelope provided.
Very truly yours,
LAW OFFICE OF JACQUELINE P. LOVILLE
By
4ac elinji(/P. Loville, Esq.
J
31
Enclosures (6)
/. 3S
6, CLAIM
�. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JULY ".13, 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: HUNTER, Everett
ATTORNEY: Jacqueline P. Lov i l l e
Law Office Date received
ADDRESS: The Bishop Center BY DELIVERY TO CLERK ON June 4 , 1993
11884 San Pablo Ave. Certified
E1 Cerrito, CA 94530 BY MAIL POSTMARKED: ,7>>nP -A ' 1 A9"1
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. P BATCHELOR.
DATED: June 7 , 1993 BAIL DeputyLOR. Clerk
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
( V This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying
claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send
warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: Jcwvz �, 4�,� BY: Deputy County Counsel
11I. FROM: Clerk of the Board 70: 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
(V This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated`JU L 13 1993 PHIL BATCHELOR, Clerk. By Deputy Clerk
WARNING (Gov. code sec n 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 imeediately. *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: — 13 BY: PHIL BATCHELOR b Deputy Clerk
CC: County Counsel County Administrator
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Clair= 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. Claimsrelatingto causes of action fordeathor for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By Reserved for Clerk's filing stamp
Everett Lawr_ence Hunter
REGE..VED
Against the County of Contra Costa
or 'JUN 4 1993
District) CLERK SOWRD 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 $ and in support of
this claim represents as follows: Jurisdiction: Superior Coourt
1. When did the damage or injury occur? (Give exact date and hour)
Monday, January 11 , 1993 at 3:59 pm
2. Where did the damage or injury occur? (Include city and county)
East bound on Market Street, 10 feet west of 19th St. , city of
San Pablo, Contra Costa County
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
See Attached
-------------—---—-------- --—------------------
4. What particular actor omission on the part of county or district officers,
servants or employees caused the injury or damage?
Contra Costa County Sheriff- Cavin was driving at a speed unsafe for the
conditions and was reading a map when he struck the rear of plaintiff
Hunter' s vehicle, which was lawfully stopped at an intersection for a
pedestrian to cross.
(over)
D. wnat are the names of county or district officers, servants or employees causing
the darmage or injury?
---- James Aubry Cavin, Contra Costa County Sheriff
---------------------------------- --
-------------------- -------------------
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
Plaintiff Hunter was injured in his health, strength and activity by
sustaining injury to body and shock and injury tolhis nervous system.
caused an ..q.4D n2.14-q-quz-Q.- IlL-cLreat
7. WWfU1J,t1ghX&t e1cA19ecP%ER4'LaN 9dfn�,80,it6ertR%btimated amount of any
prospective injury or damage.)
See attached
------------------------------------$. Names and addresses of witnesses, doctors and hospitals.
Witness: Jackie Crockett, 2011 Market Ave #336, San Pablo,, CA 94806
Jonathan Francis, MD, 2160 Vale Rd, San -Pablo, CA 94806 (Express Medical
Center)
-----------------------------------
9. List the expenditures you made on "aceount of this accident or injury:
DATE ITEM AMOUNT
1 /17/93-present Attorney' s fees Undetermined
1 /25/93-present Medical expenses Undetermined
Gov. Code Sec. 910.2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by,4ome person on his behalf "
Name and Address of Attorney
Law Office of Jacqueline Loville for
The Bishop Center ' Claimant
11884 San Pablo Avenue
E1 Cerrito, CA 94530 5425 Martis Court
Address
E1 Sobrante, CA 94803
Telephone No. _ 151 0 1 2 3 3-5 51 0 Telephone No. 51 0 ) 2 2 3-3 8 7 4
N O T I C E
Section 72 of the Penal Code provides:
"Every person who, with intent to defraud, presents for allowance or for
payment toany state board or officer, or to any county, city or district board or
officer, aufhorized 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.
ATTACHMENT TO CLAIM FOR:
EVERETT LAWRENCE HUNTER
3 . How did the damage or injury occur?
At such time, place and date, a certain white 1992 Ford
Crown Victoria, California license E359656, was so
carelessly and negligently owned, entrusted, operated,
maintained, controlled and serviced by the employees,
servants or agents of Contra Costa County, so as to cause
same vehicle to violently collide with the maroon 1989
Buick Regal, California license number 2PJG047, driven by
plaintiff, thereby directly and proximately causing
plaintiff to sustain injuries and damages herein
mentioned.
Plaintiff Everett L. Hunter was in his vehicle, a maroon
1989 Buick Regal, California license 2PJG047, driving
east on Market Street.
At approximately 3:59 pm, he stopped his vehicle on
Market Street, approximately 10 feet west of 19th Street,
to allow a pedestrian to cross the street. While
plaintiff Hunter was stopped, he was struck from the rear
by James A. Cavin, an on-duty Contra Costa County
Sheriff. Cavin was driving a marked sheriff's vehicle,
a white 1992 Ford Crown Victoria, California license
E359656.
7. How was the amount claimed above computed?
Jurisdiction for this claim will rest in Superior Court.
Plaintiff Hunter prays for: general damages of personal
injuries he suffered according to proof; compensatory
damages for the costs of medical care and treatment,
medication and related services and supplies; loss of
earnings and general earning capacity in an amount
according to proof; for attorney's fees as available
under the law; and for interest as available under the
law.
THE LAW OFFICE
of
Yacquefine P. LovilTe
The Bishop Center
11884 San Pablo Ave.
El Cerrito,CA 94530
Telephone(510)233-5510
FAX(510)233-5943REC
_
June 2 , 1993 JUN 41993
K BOARD OF S��PEriVISORS
CONTRA COSTA CO.
Clerk of the Board of Supervisors
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
RE: Filing of Claims for Everett Hunter and Jacqueline Hunter
Dear Madam/Sir:
Enclosed please find three copies each of completed claims for my
clients, Everett Hunter and Jacqueline Hunter.
Please stamp and file one copy of each for your action and return
two stamped copies of each to my office in the envelope provided.
Very truly yours,
LAW OFFICE OF JACQUELINE P. LOVILLE
By
ac elin P. Loville, Esq.
J L jl
Enclosures (6)
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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 JULY 13, 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: GORANSON, Storm C.
ATTORNEY:
Date received
ADDRESS: 446 Beaver Street BY DELIVERY TO CLERK ON June 4 , 1993 (via Risk Mgmt)
Santa Rosa, CA 95404
BY MAIL POSTMARKED:
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. ppHH gg
DATED: June 7 , 1993 81 it DeputyLOR, Clerk
100,
I1. FROM: County Counsel TO: Clerk of the Board of 56per v<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: �IJO-*-� �+-wZ sd �o�,ti o`a d- 4P--be00_�a$_
Ay ec,a aj
Dated: 1 99 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: JUL 13 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:_ -7 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Storm C. Goranson
446 Beaver Street
Santa Rosa, Ca. 95404
RE: CLAIM OF: Goranson, Storm C.
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.
[ ] 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 loss so far as
known, or the basis of computation of the amount claimed. If
the amount claimed exceeds ten thousand dollars ($10,000) , the
claim fails to state whether jurisdiction over the claim would
rest in municipal or superior court.
[ ] 6 . The claim is not signed by the claimant or by some person on
his behalf.
[xx] 7 . Other: The claim fails to state the date when the damage was
first noticed by the claimant.
VICTOR J. ESTMAN, County Counsel
By:
De t Cou ty Coun el
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. §S 1012, 1013a, 2015.5; Evidence Code §S 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: June 9, 1993 at Martinez, California.
4 - T
cc: Clerk of the Board of Supervisors (original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM: GOVT. CODE 55 910, 910.2, 920.4, 910.8)
Claim to: BOARD OF SUPERVISORS OF CONTRA COS'T'A COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual.of the cause of
action. Claims relating to causes of action for.death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the cause of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than
the County, the name of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be
filed against each public entity.
E. Fraud. See penalty for fraudulent -claims, Penal Code Sec. 72 at the end of this
form.
RE: Claim By } Re erved for Clerk's filing stamp
Storm C . Goranson _ u.a UlA .'
} RECEIVED
Against the County of Contra Costa ) JUN 41993
or }
District} ;eLERK BOARD OF SUPERVISORS
} CO.VTR� COSTA .r,m
Fill in name - CO..
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-named District in the sunt of $ and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
Winter and Spring of 1992-93
2. Where did the damage or injury- occur-7 (Include city and counVA
609� La Paloma Road , El Sobrante
----r-_--..r------ ----------
3. How did the damage or injury occur? (Give full details; use extra paper if
required)
Uncontrolled runoff . See- attachment .
-------------
4.
-----------4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
1 ) Approved project that created problem.
2) Did not propoe'rly make provisions to safer convey runoff .
3) Conveyed runoff directly onto pro.p.erty .
(over)
�. wnat are the names of county or district officers, servants or employees causing
the darage or injury?
Directors of Planning and Public Works.
---------------------------------__-,. ......-_.. _- ,. .-------.._.._..------_--.._.,_
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages. claimed. Attach two estimates for auto damage.
. Not yet completed .
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
See #6
-------------------..�__.._..�.._....._ �..�«_..�.._.._.,�__..�..-......__..-.._..
8. Names and addresses of witnesses, doctors and hospitals.
N/A
-------------------------.._..�.._.:� ..-...�..-.._-.._.�._..-_-..��� �..-..-..__..�.
9. List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
See #6 .
� it iF * it iF � 1t * .� iF # � # � � IF iF � �,• � * * � � � * * i � f * # # iF * * � � * iF
Gov. Code Sec. 91M provides.
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney) or by some erson Qn his behalf."
Name and Address of Attorney
4F nS
. 1�,� �L�
STORM C .5$ Slgnature
446 Beaver Street- Santa Rosa , CA 95404
Address
Telephone No. Telephone No. (7 0 7.) 575-5851
-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 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 ?ri2o t and fine or by imprisonment in
the state prison, by a fine of not exceeding to " housand dollars ($10,000, or by
both such imprisonment and fine. 034A130Idi
CLAIM AGAINST CONTRA COSTA COUNTY Mav 30, 1993
RE: 6 `609 LA PALOMA'ROAD CLAIMANT: MR. STORM. C. GORANSON, P.E.
EL SOBRANTE, CA' 446 BEAVER STREET
SANTA ROSA, CA 95404
(707) 575-5851
ITEM #3
NATURE OF DAMAGE
Background
A portion of the western side of La Paloma Road, adjacent to 597
and 609 La Paloma Road, EI Sobrante, slipped in the wet weather season
of the. winter and spring of 1992-93. This slippage was manifested
through the fracture of two different street side EBMUD water laterals,
and damage to both properties.
The substrata in this area has been identified by the U. S. Soil
Conservation Service as Los Osos Clay. The movement of these subsoils,
attributed,to this,slippage, adversely affected 609 La Paloma Road (hence
referred to as the subjectsite). This resulted in physical damage to the
existing exterior stairway, and also provided such a lateral movement
that a condition of instability was created in a portion of the existing
fence. A portion of this fence subsequently fell down.
This slippage was induced by the introduction of an inordinate
quantity of street and surface water runoff which was directed along
the westerly face of La Paloma Road, on to the two adjoining parcels
for the very first time.
The term, "very first time", is intentionally used to denote the fact
that, historically, surface and street runoff emanating from above the
subject site was conveyed, westerly, down the driveway, located along
the northerly boundary of the subject site. The year 1992 was the first
year that this water was intentionally diverted into the westerly right
of way of La Paloma, Road.
CLAIM AGAINST CONTRA COSTA COUNTY (continued) Mav 30. 1993
RE: 609 LA PALOMA ROAD CLAIMANT: MR. STORM C. GORANSON, P.E.
EL SOBRANTE, CA 446 BEAVER STREET
SANTA ROSA, CA 95404
(707) 575-5851
The point source of this runoff is a roadside ditch situated along
the westerly portion of La Paloma Road, immediately northerly of the
subject site. The primary source of this runoff is that portion of La
Paloma Road located northerly of the subject site.
The County approved a three lot subdivision for the parcel to the
.rear of the subject site, approximately five years ago. The construction
of this subdivision resulted in the development of the aforementioned
existing driveway. This driveway was transformed from one with a
simple aggregate base to one with an asphaltic base, curbs, and a
separate runoff structure intended to divert the runoff from the
driveway. to the La paloma Road right of way. The original design for
this driveway, approved by the County,included a "valley drain" to divert
surface runoff from the earlier mentioned roadside ditch, across the
rebuilt driveway, onto the County right of way, immediately easterly of
the subject site.
The runoff was then conveyed to a point where a roadside ditch
would have existed had there ever been one. Unfortunately,the existing
drainage way had evolved exclusively by conveying the runoff from the
immediate street. Consequently, it was only a few inches deep, and
virtually indistinguishable through much of its course. when the newly
inputed runoff was commingled with the historic runoff, this drainage
way was simply inundated. This water so overwhelmed the existing
--system-- that the totality of the runoff flowed onto both properties.
Additional Damage
As stated previously, this slippage resulted in the shearing of two
EBMUD water laterals; one located at 609 La Paloma Road, the other
across the street and up one house from the subject site. The
-2-
CLAIM AGAINST CONTRA COSTA COUNTY (continued) Mav 30. 1993
RE: 609 LA PALOMA ROAD CLAIMANT: MR. STORM C. GORANSON, P.E.
EL SOBRANTE, CA 446 BEAVER STREET
SANTA ROSA, CA 95404
(707) 575-5851
destruction of the 609 lateral culminated in the flooding of the front
portion of the dwelling located on the property, as well as the flooding
of the basement. This free flowing water totally destroyed the dwelling's
anteroom floor; and flooded the basement, damaging the washing
machine, dryer, and personal items belonging to the tenant.
To date, there has been no effort to ascertain the extent nor total
effect of this movement on the subject site. Nor have on site mitigative
measures (eg, retaining structures) been studied.
-3-
C 19 NT;;A COSTA COUNTY
vi ', 2 '93
RIS. Ed1ANAEf.4ENT
CLAIM
O BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT JULY 13, 1993
and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of
California Gcvernment Codes. ) the action taken on your ciaim by the board of Supervisors
(Paragraph 1V below), given pursuant to Government Code
Amount: Undetermined Section 913 and 915.4. Please note all •Warnings".
CLAIMANT: BROWN, Vicki for Eric James LITTLE
ATTORNEY: Colleen S. O'Neal
P.O. Box 7129 Date received
ADDRESS: Santa Rosa, CA 95407-0129 BY DELIVERY TO CLERK ON June 7, 1993
BY MAIL POSTMARKED: June 5, 1993
1. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. pp gB
DATED: June 8, 1993 B�jL DepuiyLOR, Clerk
I C. I —
11. FROM: County Counsel TO: Clerk of the Board of Su visors
( ) This claim complies substantially with Sections 910 and 910.2.
( ✓r 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).
( ✓1 Other• �Dyte !� �s-►. ���L -(.�-� Guy Ul.Gtl�ur, QJL�-
2uti vQ A-1
t-
Dated: BY: � d 9 �Jn3 Deputy County Counsel
III. FRDM: Clerk of the Board 70: 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
(V ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: 'JU13 1993 PHIL BATCHELOR, Clerk. By . Deputy Clerk
WARNING (Gov. code sectio)r-f3)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or
deposited in the nail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice Of An attorney of your choice in connection with this natter. 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: -7 /1q ICI _�> BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Colleen S. O"Neil
P.O.Box 7129
Santa Rosa, CA
RE: CLAIM OF: Brown for Eric James Little
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.
[ ] 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 loss so far as
known, or the basis of computation of the amount claimed. If
the amount claimed exceeds ten thousand dollars ($10,000) , the
claim fails to state whether jurisdiction over the claim would
rest in municipal or superior court.
[ ] 6 . The claim is not signed by the claimant or by some person on
his behalf.
[xx] 7 . Other: None of the entities described in the claim are
controlled, supervised, or managed by the County of Contra
Costa. Contra Costa Community College is a separate public
entity. We suggest that you check the register of public
entities on file at the County Clerk's office for the address
of the proper entities involved in this claim.
VICTORJ. WESTMAN, ounty Counsel
By:
Del&te
County Cou sel
PAGE 1 OF 2
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. SS 1012, 1013a, 2015.5; Evidence Code $S 641, 664)
I declare that my business address is the County Counsel's office of Contra Costa
County, 651 Pine Street, Martinez, California 94553; 1 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: June 10, 1993 at Martinez, California.
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)
PAGE 2 OF 2
.RECEIVE®
CLAIM AGAINST =JM7
THE COUNTY OF CONTRA COSTACLEROARD OF SUPERVISORS
(Government Code Section 910.et seq. CONTRA COSTA CO.
CLAIMANT: Name: VICKI BROWN on behalf of ERIC JAMES LITTLE
Address: 612 Payne Dr.
Phone No: Richmond, CA 94806
ATTORNEY FOR CLAIMANT: Colleen S. O'Neal
P.O. Box 7129
Santa Rosa, CA 95407-0129
(707) 575-1156
DATE AND TIME OF DAMAGE OR INJURY: 2:30 p.m.- 6: 30 p.m. Dec. 4,
1992
LOCATION OF OCCURRENCE: Contra Costa County Community College
2600 Mission Bell
San Pablo, CA
CIRCUMSTANCES OF OCCURRENCE: During the course of an illegal
arrest of Eric Little's friend, and in the absence of probable
cause or provocation, Eric was hit repeatedly with billy clubs and
knocked to the ground, brutalized while laying prone with his hands
behind his back, handcuffed in a manner that was excessively tight
(causing lacerations to his wrists) , and picked up by his hand
cuffs and shirt, and placed in a patrol car. After an extended
delay Eric Little was transported to the San Pablo Police Dept. for
booking, and was taken to the hospital for his injuries.
Claimant alleges that the acts set forth above are indicative
and representative of a repeated course of conduct by members of
the Contra Costa Community College Police Services Police Services,
San Pablo Police Dept. , Contra Costa County Sheriff' s Dept. , and
Richmond Police Dept. tantamount to an informal custom or policy of
condoning and encourageing the use of excessive force, and the
infliction of summary corporal punishment against citizens. The
CITY OF RICHMOND, CITY OF SAN PABLO, COUNTY OF CONTRA COSTA AND
CONTRA COSTA COMMUNITY COLLEGE, by and through its supervisory
officials, has been given notice on repeated occassions of a
pattern of ongoing constitutional violations and practices by its
police officers, but has consciously failed to enact necessary or
appropriate measures to prevent the perpetuation of such a pattern
of conduct. Further, said entities and their representatives have
consistently and negligently failed to adequately select, train,
supervise, assign, evaluate and discipline their employees.
Said law enforcement departments regularly engage in activity
designed to coverup police misconduct and continue the code of
silence, thereby encouraging and continuing the violation of the
constitutional rights of citizens.
The officers in question did not act reasonably and over-
reacted to the inquiries of claimant' s companions and to claimant,
in part, if not wholly, on account of. their race.
DESCRIPTION OF LOSS, DAMAGE OR INJURY:
Violation of civil rights, interference with exercise and enjoyment
of rights secured by the laws and Constitution of the United States
and the State of California, assault and battery, false
imprisonment, false arrest, negligent conduct resulting in
extensive physical injury requiring surgery and continuing medical
bills, emotional injury, malicious and selective prosecution,
attorneys fees to defend the criminal charges and to bring this
action.
NAME(S) OF EMPLOYEE(S) CAUSING INJURY, DAMAGE OR LOSS, IF KNOWN:
Carlos Carter
Various other unidentified officers
AMOUNT CLAIMED AT PRESENT, INCLUDING ESTIMATE OF PROSPECTIVE LOSS:
Attorneys fees (total amount unknown) , jurisdiction in Superior
Court, Punitive damages.
NAMES AND ADDRESSES OF WITNESSES, DOCTORS AND/OR HOSPITALS.
Dr. William Jenkins
3619 Cutting Blvd.
Richmond, CA
Dr. James E. Wood, Jr.
155 Filbert St. , Suite 245
Oakland, CA 94607 nZ DATED: June 4 , 1993 SIGNED:
Colleen S. O'Neal
PROOF OF SERVICE BY MAIL
I declare that:
I am over the age of eighteen years and not a party to the
within entitled cause; my business address is P.O. Box 7129, Santa
Rosa, CA. , 95407-0129 .
On June 4 1993 , I served the:
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
CLAIM AGAINST THE CONTRA COSTA COUNTY COMMUNITY COLLEGE DISTRICT
on the interested parties by causing the above document(s) to be
placed in a sealed envelope, with postage thereon fully prepaid, to
be deposited this date with the United States Postal Office at
Santa Rosa, CA, addressed as follows:
Contra Costa County Board of Supervisors
651 Pine St.
Martinez, CA
I declare under penalty of perjury that the foregoing is
true and correct, and that this document was executed on
June 4 1993 , at Santa Rosa, CA.
�Wde utnam
36,17
CLAIM
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 JULY 13, 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 ciaim 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: BROWN, Vicki'
ATTORNEY: Colleen S. O'Neal
P.O. Box 7129 Date received
ADDRESS: Santa Rosa, CA 95407-0129 BY DELIVERY TO CLERK ON June 7, 1993
BY MAIL POSTMARKED: June 5, 1993
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim, ppHH gg
DATED: June 8, 1993 B1IL DeputyLOR, Clerk
I1. FROM: County Counsel TO: Clerk of the Board of s o r s
( ) 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: d 4lac
Dated: �u-"-� /!�/� 3 BY: �—� Deputy County Counsel
111. FROM: Clerk of the Board 70: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BO�ARDDORDER: By unanimous vote of the Supervisors present
(y ) This Claim is rejected in full.
( ) Other:
I certify that this is a true and Correct copy of the Board's Order entered in its minutes for
this date.
Dated: JUL 1 3 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 natter. 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 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: -7 //a Ig 3 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
NOTICE OF INSUFFICIENCY
AND/OR
NON-ACCEPTANCE OF CLAIM
TO: Colleen S. O"Neil
P.O.Box 7129
Santa Rosa, CA
RE: CLAIM OF: Brown, Vicki
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:
[ J 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.
[ ] 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 loss so far as
known, or the basis of computation of the amount claimed. If
the amount claimed exceeds ten thousand dollars ($10,000) , the
claim fails to state whether jurisdiction over the claim would
rest in municipal or superior court.
[ ] 6 . The claim is not signed by the claimant or by some person on
his behalf.
[xx] 7 . Other: None of the entities described in the claim are
controlled, supervised, or managed by the County of Contra
Costa. Contra Costa Community College is a separate public
entity. We suggest that you check the register of public
entities on file at the County Clerk's office for the address
of the proper entities involved in this claim.
VICTOR J. WESTMAN, County Counsel
By:
DepV runty- Couns-IL
PAGE 1 OF 2
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: June 10, 1993 at Martinez, California.
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)
PAGE 2 OF 2
CLAIM AGAINST
THE CONTRA COSTA COUNTY COMMUNITY COLLEGE
(POLICE SERVICES DEPT. )
COUNTY OF CONTRA COSTA
CITY OF SAN PABLO
CITY OF RICHMOND
(Government Code Section 910.et seq. ).
RECEIVED
CLAIMANT: Name: VICKI BROWN _
719A3
Address: 612 Payne Dr.
Phone No: Richmond, CA 94806 CCBOp TRACOSTA RD F CRC}ISOR
ATTORNEY FOR CLAIMANT: Colleen S. O'Neal
P.O. Box 7129
Santa Rosa, CA 95407-0129
(707) 575-1156
DATE AND TIME OF DAMAGE OR INJURY: 5:00 -6:30 p.m. Dec. 4, 1992
and continuing to present
LOCATION OF OCCURRENCE: Contra Costa County Community College
2600 Mission Bell
San Pablo; CA
CIRCUMSTANCES OF OCCURRENCE: Upon being advised that her son had
been arrested claimant went to the San Pablo Police Dept. After
arriving Officer Vaswani told her alternatively that her son was at
the hospital and she should stay at the police department and wait
for him/and that her son was at the police department and would be
released shortly. In fact, her son was at the hospital being
treated without her consent.
Since the incident inquestion claimant's son has been
emotionally upset and has been undergoing personality and attitude
changes. Claimant is in constant fear that her son will lose what
self esteem he has managed to maintain in this society and give up
and turn to crime and/or drugs. She has been unable to locate
affordable counselling for herself and her son and is in constant
anxiety with regard to these issues.
DESCRIPTION OF LOSS, DAMAGE OR INJURY:
Intentional/negligent infliction of emotional distress. Attorneys
fees.
NAME(S) OF EMPLOYEE(S) CAUSING INJURY, DAMAGE OR LOSS, IF KNOWN:
Vaswani, Elvira, Silva, Harrison, Keo, Alfonso, Alvarez, Carter and
various unidentified officers.
AMOUNT CLAIMED AT PRESENT, INCLUDING ESTIMATE OF PROSPECTIVE LOSS:
Attorneys fees (total amount unknown) , jurisdiction in Superior
Court, Punitive damages.
NAMES AND ADDRESSES OF WITNESSES, DOCTORS AND/OR HOSPITALS.
Dr. William Jenkins
3619 Cutting Blvd.
Richmond, CA
Dr. James E. Wood, Jr.
155 Filbert St. , Suite 245
Oakland, CA 94607 _ p�
DATED: June 4 . 1993 SIGNED:
Colleen S.S. O'Nea
PROOF OF SERVICE BY MAIL
I declare that:
I am over the age of eighteen years and not a party to the
within entitled cause; my business address is P.O. Box 7129, Santa
Rosa, CA. , 95407-0129.
On June 4 , 1993 , I served the:
CLAIM AGAINST THE COUNTY OF CONTRA COSTA
CLAIM AGAINST THE CONTRA COSTA COUNTY COMMUNITY COLLEGE DISTRICT
CLAIM AGAINST THE CITY OF SAN PABLO
CLAIM AGAINST THE CITY OF RICHMOND
on the interested parties by causing the above document(s) to be
placed in a sealed envelope, with postage thereon fully prepaid, to
be deposited this date with the United States Postal Office at
Santa Rosa, CA, addressed as follows:
Contra Costa County Board of Supervisors
651 Pine St.
Martinez, CA
Contra Costa County Community College
2600 Mission Bell
San Pablo, CA
Office of the City Attorney
City of San Pablo
City Hall
San Pablo, CA
Office of the City Attorney.
City of Richmond
City Hall
Richmond, CA
I declare under penalty of perjury that the foregoing is
true and correct, and that this document was executed on
June 4 , 1993 , at Santa Rosa, CA.
o c Putnam
/ A 3S
APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA
T BOARD ACTION
Application to File Late Claim. ) NOTICE TO APPLICANT JULY 13, 1993
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to ) the Board of Supervisors (Paragraph III, below),
California Government Code.) ) given pursuant to Government Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: de EDWARDS, Sharon Y. , M.D. FACOG
Attorney:
Address: 715 Castlerock Road
Walnut Creek, CA 94598
Amount: By delivery to Clerk on ,Tune 7- 1993
Date Received: By mail, postmarked on June 6, 1993
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Application to ile Late Claim.
DATED: June 9, 1993 PHIL BATCHELOR, Clerk, By Deputy
II. FROM: County Counsel TO• Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
( � The Board should deny this Application to File LateC1 (Section 911.6).
DATED: u.wJe.Q j r 93 VICTOR WESTMAN, County Counsel, By Deputy
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
Application is granted (Section 911.6).
(�This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: 'JUL 13 SM PHIL BATCHELOR, Clerk, By Deputy
WARNIM (Gov. Code $911.8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Government Code Section '946.6. Such
petition must be filed with the court Within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If ypu want to consult an attorney, you should do so Immediately.
IV. FROM: Clerk of the Board T0: 1 County Counsel 2 County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: - t3 PHIL BATCHELOR, Clerk, By Deputy
V. FROM: 1 County Counsel 2 County AdmiQLstrhtor TO: Clerk of the Board
of Supervisors
Received copies of this Application and Board Ord
DATED: J 9 3 County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
i
1 Sharon Y. de Edwards, M.D. , FACOG RECEIVE®
715 Castlerock Road
2 Walnut Creek,CA 94598 JUN 7 1993
(510) 935-4367
3
Claimant CLERK BOARD OF SUP ERVIS
CO":TRA COSTA CO. _
4
5
In The Matter of the Claim of )
6 Sharon Y. de Edwards, M.D. , FACOG ) APPLICATION FOR
PERMISSION TO
7 ) PRESENT LATE CLAIM
against ) [GOV. C. §911.4]
8 )
Los Medanos Community Hospital )
9 )
10
TO: BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
11
Application is hereby made for permission to permit the
12
attached claim after expiration of the time limit provided in
13
Government Code §911 . 2
14
( 1 ) As stated in the attached claim, the cause of action
15
accrued on or about March 20, 1987 .
16
(2 ) The time for presentation of such claim under Government
17
Code §911 .2 expired on or about September 21, 1987 .
18
( 3) The reasons for the failure to present such claim within
19
the time provided in Government Code §911 .2 were as follows:
20
i) The fraud perpetrated by Los Medanos Community
21
Hospital was not discovered by claimant until
22
on or about January, 1993.
23
ii) Claimant justifiably and mistakenly believed the
24
"facts" that were presented to her by Los Medanos
25
Community Hospital, and
26
iii) No prejudice will result to Los Medanos Hospital
27
because of the delay.
28
1 I certify and declare under penalty of perjury under the laws
2 of the State of California that the foregoing is true and correct.
31--,'
4 Dated: V t.c, 3 . M3
Sharon Y./d4 Edwards, M.D. ,FACOG
5 Claimant
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 CLAIM FOR DAMAGES
TO PERSON
2
3
To: Board of Supervisors
4 County of Contra Costa
5
Sharon Y. de Edwards, M.D.
6 hereby makes the following
statement in support of
7 the claim:
8 1 . Claimant' s address is 715 Castlerock Road, Walnut Creek,
9 California.
10 2 . Notices concerning the claim should be sent to Sharon Y.
11 de Edwards, M.D. , 715 Castlerock Road, Walnut Creek, California.
12 3 . The date and place of the occurrence giving rise to this
13 claim is are March 20, 1987, (date of entry of agreements) , the
14 place is Los Medanos Community Hospital in Pittsburg, California.
15 4 . The circumstances giving rise to this claim were
16 on or about December 31, 1986, Los Medanos Community Hospital ' s
17 Chief Executive Officer, Efton Hall, Jr. , falsely and
18 fraudulently represented to claimant that:
19 (a) The medical practice she was being recruited to start
20 would be in a community of low MediCal patients, therefore,
21 reimbursement would be high;
22 (b) Working capital (start-up expenses) , exclusive of her
23 salary would be $36, 000 .00 to $46, 000 . 00 per year for the
24 first two years.
25 (c) The expenses of the practice and her guaranteed salary
26 were to be offset by her performance of Medico-
27Administrative Services as Women' s Medical Consultant.
28 (d) She was to be recruited, sponsored and developed
-1-
1 exclusive by Los Medanos Community Hospital; conversely, Los
2 Medanos Community Hospital would not recruit, sponsor or
3 develop any other OB/GYN, until her practice expanded to
4 capacity.
5 (e) Los Medanos Hospital was in sound financial condition
6 and would provide her with full support to grow her
7 practice.
8 5 . The representations made by Efton Hall, Jr. , and Los
9 Medanos Community Hospital were in fact false. The true facts
10 were:
11 (a) the medical practice was being located in a community
12 with high MediCal patients, therefore reimbursements were
13 low.
14 (b) Working capital exclusive of her salary was a minimum
15 of $50, 000 . 00 per year for the first two years. Further,
16 Efton Hall, Jr. , through Los Medanos Community Hospital,
17 failed to disclose the nature of their relationship with
18 Lucking and Associates, the management company from which
19 claimant leased her medical office.
0
20 (c) The expenses of her practice and her guaranteed salary
21 were not offset by the Medico-Administrative Services she
22 performed.
23 (d) Before her practice expanded, Los Medanos Community
24 Hospital recruited, sponsored and established two
25 obstetricians, further reducing her practice market share.
26 (e) Los Medanos Community Hospital was and had been in
271 serious financial trouble, had been charged with violating
28 Medicare regulations and was the subject of various lawsuits
-2-
1 and Federal investigation. In fact, Los Medanos was
2 recruiting claimant to cover their emergency room drop-in
3 obstetrical and gynecological patients and not to assist
4 claimant in establishing her own independent medical
5 practice. Claimant left her own lucrative group practice in
6 Michigan in reliance on Efton Hall ' s and Los Medanos
7 misrepresentations .
8 6 . When Efton Hall, Jr. made these representations he knew
9 them to be false, and these representations were made by Efton
10 Hall, Jr. with the intent to defraud and deceive claimant and
11 with the intent to induce claimant to act in the manner herein
12 alleged.
13 7 . Claimant, at the time these representations were made by
14 Efton Hall, Jr. and at the time Claimant took the actions herein
15 alleged, was ignorant of the falsity of Efton Hall, Jr' s
16 representations and believed them to be true. In reliance on
17 these representations, claimant was induced to and did relocate
18 herself and her family to practice medicine in Pittsburg,
19 California. Had Claimant known the actual facts , she would not
20 have taken such action. Claimant' s reliance on Efton Hall, Jr' s
21 representations was justified because she had no reason to
22 suspect or believe Efton Hall, Jr' s representation at the time
23 was false.
24 8 . As a proximate result of Efton Hall, Jr' s fraud and
25 deceit and the facts herein alleged, Claimant was induced to
26 expend 80 additional hours per week of her time and energy in an
27 attempt to derive a profit from the medical practice for which
28 Efton Hall, Jr. recruited claimant but from which claimant has
-3-
• J
1 received no profit or other compensation for her time and energy;
2 to spend countless hours for three years giving care to the
3 indigent drop-in OB/GYN patients at Los Medanos Hospital; to lose
4 countless hours of her sleep because of being forced to render
5 care to the indigent drop-in patients at Los Medanos hospital at
6 all hours of the night over the three years aforementioned; to
7 suffer stress, anxiety, insomnia and place her health in jeopardy
8 all as a consequence of the aforementioned events, by reason of
9 which claimant suffered damages in the sum of not less than
10 $300, 000 . 00 .
11 9 . Claimant' s injuries are: Severe emotional and mental
12 suffering, anxiety and stress, loss of revenue and loss of market
13 share, all to her damage in the sum of $300, 000 . 00 .
14 10 . The names of other public employee' s causing the
15 claimant' s injuries are unknown.
16 11 . My claim as of the date of this claim is in an amount
17 that would place it within the jurisdiction of the Superior
18 Court. The claim is based on the injury, deceit and intentional
19 misrepresentation, mental suffering and emotional distress
20 sustained by claimant.
21 /
22
23 DATED: 1993
Sharon Y. e E wards, M.D.
24 Claimant
25
26
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-4-
1 (PROOF OF SERVICE BY MAIL - CCP §1013a, 2015.5)
2
I, F: Anthony Edwards, II, declare that, I am over the age of
3
eighteen years and not a party to the within cause, my business
4
address is 180 Grand Avenue, Suite 1340, Oakland, California 94612 .
5
On June 3, 1993 I served the within:
6
CLAIM FOR DAMAGES TO PERSON l/I16%CA*h-0 N F02 Z4
7
by placing a true copy thereof in a sealed envelope with postage
8
thereon fully paid in the United States mail at Walnut Creek,
9
California, addressed as follows :
10
Clerk of Contra Costa County
11 BOARD OF SUPERVISORS
651 Pine Street, Room 106
12 Martinez, CA 94553
13 I declare under penalty of perjury under the laws of the State
14 of California that the foregoing is true and correct. Executed
15 this 3rd day of June 1993, at Walnut Creek, California.
16
17
18 ---
ony Ed ds, II
19
20
21 + RECEIVED
22 JUN 7 1993
23 CLERK BOARD OF SUPERVISORS
COIN"MA COSTA CO. I
L----
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