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HomeMy WebLinkAboutMINUTES - 03221994 - 1.17 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 MARCH 22, 1994 and Board Action. Ail 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 they8oard of Supervisots (Paragraph IV below), given pursuantLol Gov ernment Code.= ( 5 Amount: $25 , 000.00 Section 913 and 915.4. Please note all •Warnings•. CLAIMANT: DIAS, . Daniel ATTORNEY: Ross M Me 1 t z e r 1' COUNT`(COUNScL Allan Gorelick, APC Date received l MARTINEZ,CALIF. ADDRESS: �64 Weat ftck=, 4$t . BY DELIVERY TO CLERK ON Murch 2 . 1994 aywar BY MAIL POSTMARKED: Hand Delivered via : Risk Mgmt . 1. FROM: 'Clerk of the Board 6f Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHIL ATCHELOR. Clerk o �7 DATED: l G BT: �eputy Q�� J .11. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially Frith 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 910.0: ( ) 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: M6199 y BY: x, ADeputy 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 j 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. //II ll Gated: PHIL BATCHELOR, Clerk, By ,rae1 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 snail to file 41 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 tates stat 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* W BY: PHIL BATCHELOR by, L , �a Deputy Clerk iC: County Counsel County Administrator J 1 ALLAN GORELICK #40820 A Professional Corporation ' 2 ROSS M. MELTZER #122270 3 Attorney At Law RECEIVED 164 West Jackson Street 4 Hayward, CA 94544 - 2 1994 (415) 785-1444 5 CLERK BOARD OF SUPERVISORS 6 ATTORNEYS FOR CLAIMANT CONTRA COSTA CO. V 0L RIA� -VYIw^� . 7 8 9DANIEL DIAS, NOTICE OF CLAIM � 10 Claimant, VS. 11 12 CITY OF PLEASANTON, PLEASANTON POLICE DEPARTMENT, 13 SAN RAMON POLICE DEPARTMENT, OFFICER KALANI SCHREINER AND DOES 1 TO 20, 14 Defendants. 15 j 16 CLAIMANT'S NAME: DANIEL DIAS 17 - CLAIMANT'S ADDRESS: 2855 Springdale 18 San Ramon, California 94583 19 DATE OF INCIDENT: October 17, 1993 20 AMOUNT OF CLAIM: $25,000.00 21 ADDRESS TO WHICH NOTICES ARE TO BE SENT: 22 Ross M. Meltzer 23 Attorney At Law 24 Allan Gorelick, APC 164 West Jackson Street 25 Hayward, CA 94544 26 (510) 785-1444 27 DANIEL DIAS, presents a claim against the City of Pleasanton and the Pleasanton 28 UW OFFICES OF ALLAN GOREL" HAYWARD.CA (510"14" Page 1 of 2 1 Police Department pursuant to Section 910 of the Government Code. 2 LOCATION OF INCIDENT: 1805 Hill Street, City of Hayward, County of Alameda, State 3 of California. 4 HOW DID INCIDENT OCCUR: The occurrence giving rise to this claim took place on or 5 6 about October 17, 1993. Plaintiff was arrested and held for approximately 2 days as a 7 result of a warrant that was falsely issued. Each defendant was, at all times mentioned 8 herein, the agent and employee of the remaining defendants. 9 a) At said time and place, City of Pleasanton, Pleasanton Police Department, San 10 Ramon Police Department and Officer Kalani Schreiner, its officers, agents and employees, 11 12 so negligently and carelessly owned, operated, managed, maintained, controlled, ordered, 13 supervised, directed and oversaw the city/police records as to allow a warrant to be falsely 14 issued, and thereby proximately causing claimant damages as hereafter set forth to 15 Claimant. 16 b) As a proximate result of the negligence of City of Pleasanton, Pleasanton Police 17 Department, San Ramon Police Department and Officer Kalani Schreiner, its officers, 18 agents and employees, as herein alleged, Claimant has suffered damages in the approximate 19 20 amount of $5,000.00 or according to proof, wage loss according to proof and general 21 damages in the amount of $20,000.00 or according to proof. 22 WHEREFORE, Claimant, DANIEL DIAS, requests that the City of Pleasanton, 23 Pleasanton Police Department, San Ramon Police Department and Officer Kalani 24 Schreiner, honor and pay the claim as herein above set forth in the amount of $25,000.00. 25 26 Dated: February 17, 1994 27 ROSS M. MELTZER, ESQ. 28 LAW OFFMES OF ALLAN GORELICK HAYWARD.CA (510)785-1"4 Page 2 of 2 1 2 PROOF OF SERVICE BY MAIL 3 4 I, TERESA VICKERS, state that: 5 6 I am employed in the County of Alameda. I am over the age of eighteen years and 7 not a party to the within above-entitled action. My business address is: 164 West Jackson 8 Street, Hayward, California 94544. 9 On FEBRUARY 17, 1994, 1 served the NOTICE OF CLAIM , on .the following to parties in said action by placing a true copy thereof enclosed in a sealed envelope with 11 postage thereon fully prepaid in the United States post office mail box at Hayward, 12 California addressed as follows: 13 14 City of Pleasanton Pleasanton Police Dept. 15 c/o City Clerk 4833 Bernal Avenue 123 Main Street Pleasanton, CA 94566 16 Pleasanton, California 94566 17 San Ramon Police Department and Officer Kalani Schreiner 18 c/o City Clerk 2222 Camino Ramon 19 San Ramon, California 94583 20 I declare under penalty of perjury that the foregoing is true and correct and that this 21 declaration was executed on February 17, 1994, at Hayward, California. 22 23 7 24 / 25 A. TEJESA V KERS 26 27 28 UW OFFICES OF AuAN GOREUCK.Eso HAYWARD,CA (510)785.1444 MEMO • ' e San Ramon �pT4.1 A DATE : 2/26/94 TO : CHIEF OVID HOLMS: FROM : KALANI SCHREINER: S U B J E C T : REPRESENTING ME IN A CLAIM: I RECEIVED A NOTICE OF CLAIM FROM ATTORNEY ROSS M. MELTZER FOR HIS CLIENT DANIEL DIAS . IN THIS CLAIM IT IS SAID THAT ON OCTOBER 17 1993 I ARRESTED DIAS ON A WARRANT WHICH WAS OUT OF ALAMEDA COUNTY AND THAT MR. DIAS WAS HELD IN CUSTODY FOR TWO DAYS BECAUSE OF MY ARREST. MR. MELTZER STATES THAT HIS CLIENT MR. DIAS HAD BEEN -HELD ON A WARRANT WHICH WAS FALSELY ISSUED. . I REMEMBER THIS ARREST VERY WELL AND OFFICER MAHONEY WAS WITH ME AT THE TIME OF THIS ARREST. I FOLLOWED ALL OF THE PROPER PROCEDURES FOR A WARRANT ARREST. I HAD CHECKED TO SEE IF THE WARRANT WAS GOOD PRIOR TO GOING TO MR. DIAS RESIDENTS AND I REMEMBER WAITING IN THE PATROL VEH. WITH MR. DIAS WHILE WAITING FOR THE WARRANT TO BE CONFIRMED. AFTER THE WARRANT WAS CONFIRMED I THEN AND ONLY THEN TRANSPORTED MR. DIAS TO THE M.D. F WHERE HE WAS THEN BOOKED ON THE WARRANT. IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO CONTACT ME THANK . YOU FOR YOUR TIME. OFFICER KALANI SCHREINER: CLAIM 2 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, . ) NOTICE TO CLAIMANT MARCH 22 , 1994 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-Board2of-Supe -rvisorsT-= (Paragraph IV below), given pursuant to F-1 le Code 9 Amount: $,10, 000.00 + Section 913 and 915.4. please note allot 'warnings". 't' MR CLAIMANT: REYNOLDS , Wendy- ATTORNEY: Marsha E. Marovich, Esq. COUNTYCOUNSEL Bennett , Johnson. & Caller Date received MARTINEZ,CALIF �_J ADDRESS: 1901 Harrison St . , Ste . 1650 BY DELIVERY TO CLERK ON March 3., 1994 Oakland, CA 94612 BY MAIL POSTMARKED: February 25 , 1994 via: Risk MgmtCertified Mail P 239 695 617 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted claim. ��IL gATCHELOR. Clerk DATED_ �� 4 9 : Deputy .I1. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2,.and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 9 9 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). 1V. BOARD ORDER: By unanimous vote of the Supervisors present 1 ✓ This Claim is rejected in full. ( ) Other: I certify that thiis is a true and correct copy of the Board's Order entered in its minutes for this date. DatedsrrI a (Q Q (k PHIL BATCHELOR. Clerk. By � � D_ _ , 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 nil 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 7 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 Unitedtates ital Service 1n Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the Claimant as shown above. Dated:� BY: PHIL BATCHELOR by D,Q�_J Deputy Clerk CC: County Counsel County Administrator RECEIVED MAR 1 GOVERNMENT CLAIM FOR DAMAGES — 31994 2 CLERK BOARD OF 91 PERVI ORS CONTRA COSTA CO. 3 TO CLAIMEE: County of Contra Costa/ Merrithew Memorial Hospital 4 2500 Alhambra Ave. Martinez, CA 94553 5 FROM CLAIMANT: Wendy Reynolds 6 29 Vaqueros Ave. Rodeo, CA . 94572 7 ADDRESS TO WHICH 8 NOTICES TO BE SENT: Marsha E'. Marovich, Esq. BENNETT, JOHNSON & GALLER 9 1901 Harrison St. , Suite 1650 Oakland, CA 94612 10 DATE CLAIM ACCRUED: On or about December 20, 1993 11 PLACE CLAIM ACCRUED: Merrithew Memorial Hospital 12 2500 Alhambra Ave. Martinez, CA 94553 13 CIRCUMSTANCES OF CLAIM: Claimant WENDY REYNOLDS, a patient 14 of Claimee MERRITHEW MEMORIAL HOSPITAL, and under the direct care and 15 supervision of said Claimee and its agents and employees, was treated 16 negligently during her pre-natal period and her labor and delivery which 17 resulted in the death of her daughter NEWBORN BABY GIRL REYNOLDS. 18 Claimee and its staff failed to 19 properly evaluate, care for and supervise the progression of the labor 20 of Claimant WENDY REYNOLDS . As a direct and proximate result of the 21 negligence of Claimee and its staff as alleged herein, NEWBORN BABY GIRL 22 REYNOLDS expired. 23 ITEMIZATION OF DAMAGES: The medical bills incurred as a result 24 of the personal injury to WENDY REYNOLDS as well as her pain and 25 suffering and emotional distress . Also, damages suffered by WENDY 26 REYNOLDS for the wrongful death of her daughter, BABY GIRL REYNOLDS . The exact amount of the damages are unknown at this time and will be proven at the 1 appropriate time. The amount of damages claimed exceeds Ten Thousand 2 Dollars ($10,000 . 00) and jurisdiction over this claim would rest in Superior 3 Court. 4 DATED: February 25, 1994 5 B G R 6 7 ROBERT B. GALLER 8 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 1 PROOF OF SERVICE 2 I, ALICE MUSSELMAN, am employed in the County of Alameda, State of California. 3 I am over the age of eighteen ( 18) years and not a 4 party to the within action. My business address is BENNETT„ JOHNSON & GALLER, 1901 Harrison Street, Suite 1650, 5 Oakland, California 94612 . 6 On February 25, 1994, I served the within: 7 GOVERNMENT CLAIM FOR DAMAGES 8 on the ;parties to this action by placing a true copy thereof in a sealed envelope, addressed as follows : 9 County of Contra Costa/ 10 Merrithew Memorial Hospital 2500 Alhambra Ave. 11 Martinez, CA 94553 12 /xxx / (BY MAIL) I placed each such sealed envelope with postage thereon fully prepared for first-class mail, for 13 collection and mailing at Oakland, California, following ordinary business practices . I am readily familiar with the 14 practice of BENNETT, JOHNSON & GALLER for processing of correspondence, said practice being that in the course of 15 ordinary business, correspondence is deposited in the United States Postal Service the same day it is posted for 16 processing. 17 / / (BY PERSONAL SERVICE) I caused each such envelope to be delivered by hand to the addressee noted above. 18 (BY FACSIMILE) I caused said document to be 19 transmitted by Facsimile machine to the number indicated after the address(es) noted above between the hours of 9 : 00 20 a.m. and 5 :00 p.m. 21 I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and 22 correct. Executed at Oakland, California, on February 25, 1994 . 23 24 l 25 Alice Musselman 26 errithew emorial a OREC EIV ® AND CLINICS � . MAR - 31994 CLERK BOARD OF SUPERVISORS February 28 , 19Q IL CONTRA cosrA co. Office of County Counsel Contra Costa County Re : Wendy Reynolds Please find attached a CLAIM regarding the above-named patient , , received by Certified Mail this day. /1'1 i/�1 _ ____ _ Mark Finuca.ne Health Services Director cc : Ron Harvey sE Contra Costa County o: s sr"9 COUPI'� G A-301A (3/87) COR2RtECTED COPY PLEASE DESTROY I �1 31 - PREVIOUS— ISSUE ,-- CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Rduting Endorsements, ) NOTICE TO CLAIMANT MARCH 2 , 1994 and Board Action. All Section references are to ) The copy of this document railed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supe_rvisors­7,�, (Paragraph IV below), given pursuant=to�Gove,rnrtient Code i ir �� inn IS u �— �—, Amount: Unknown Section 913 and 915.4. Please note�all__NWarnings". CLAIMANT: MARTIN, Regina 11994 ATTORNEY: �~ Date received C011R7Y ADDRESS: 783 Billings :Blvd. BY DELIVERY TO CLERK ON Februar�.y�2-8 ;1994 San Leandro, CA 94577 BY MAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted claim. g DATED: aJ �. �_ Lail DepuLylOR. Clerk .11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( j This claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying .claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: BY: Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 1V. BOARD ORDER: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: ,PHIL BATCHELOR, Clerk, By ( '�����,.� , Deputy Clerk MARNING (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 &n 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 !SAILING 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 Unitedtetes stal 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. o /� 'Dated: f cj BY: PHIL BATCHELOR by fJ ( s� ) Deputy Clerk CC: County Counsel County Administrator OFFICE OF COUNTY DEPUTIES: COUNSEL PHILLIP S. ALTHOFF SHARON L. ANDERSON CONTRA COSTA COUNTY ANDREA W. CASSIDY VICKIE L. DAWES COUNTY ADMINISTRATION BUILDING MSE S. ESTIS MICHAEL D. FARR P.O. BOX 69 LILLIAN T. FUJII MARTINEZ, CALIFORNIA DENNIS C. GRAVES VICTOR J. WESTMAN 94553-0116 GREGORY C. HARVEY COUNTY COUNSEL KEVIN T. KERR TELEPHONE (510) 646-2074 EDWARD V. LANE, JR. MARY ANN M. MASON S ILVANO B. MARCHES I FAX (510) 646-1078. PAUL R. MUNIZ ARTHUR W. WALENTA, VALERIE J. RANCHE JR. DAVID F. SCHMIDT ASSISTANTS March 3, 1994 DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Regina Margin 783 Billings Blvd. San Leandro, CA 94577 RE: CLAIM OF: Regina Martin 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 of the alleged negligent treatment at Merrithew Memorial Hospital 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. [ J 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 is behalf. [ ) 7 . Other: VICTORJ. ESTMAN, County Counsel By: �. Depu Cy C' unsel 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: Marchll, :1994 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) RECEIVE® FEB 2 819% CLERK BOARD OF SUPERVISORS COf�nnT��--�COSTA CO. February 24, 1994 Contra Costa County Board of Super-visors 651 Pine Street, Suite 106 Martinez, CA 94553-3152 Attention: Clerk of the Board of Supervisors Re: Claim Against Contra Costa County Gentlemen: This claim is presented by REGINA MARTIN. The address of REGINA MARTIN, and all notices respecting this claim should be sent to her at 783 Billings Boulevard, San Leandro, California, 94577. This claim arises from the medical treatment of REGINA MARTIN at Merrithew Hospital, the failure to timely examine, test, diagnose and treat claimant, resulting in infertility and sterility, and the need for medical treatment, pain, suffering, and emotional distress. Claimant first learned of any negligence resulting in infertility and other damages on or about September 13, 1993, and has since learned of said public entity's potential liability. At all times mentioned herein, REGINA MARTIN was a patient at the Contra Costa County Health Services, which was responsible for the medical treatment, examination, testing, diagnosis and care of claimant, and claims on information and belief that said public entity, through its agents and employees, was negligent and careless in fulfilling its obligations to said patient, including but not limited to, and in among other things, her medical treatment, examinations, testing, diagnoses, and care; and/or as a result of said public entity's anon-delegable duties under Government Code 815.4, said public entity is legally responsible for the acts or omissions of other persons or entities. Contra Costa County February 24, 1994 Page 2 As a legal result of the foregoing negligent acts, omissions, and liabilities of the above- described public entity, claimant suffered severe and irreparable injuries, resulting in infertility and sterility, need for medical treatment, pain, physical and emotional distress, medical expenses and disabilities, and on information and belief alleges that she will incur additional expenses and disabilities in the future, require medical treatment and experience pain, suffering, physical and emotional distress. The names of the: public employees causing the above-described injuries and damages are not presently known to claimant. The amount claimed as of the date of presentation of this claim, including physical and emotional distress, infertility and sterility, pain, suffering, medical costs and expenses, and disabilities, is in excess of the minimum jurisdiction of the Superior Court. Very truly yours, REGINA MARTIN jr