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HomeMy WebLinkAboutMINUTES - 04261994 - 1.19 -a> r CLAIM l ,- IC( BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Mount: $500,000.00 Section 913 and 915.4. PlOse, CLAIMANT: NIAZI, Faiza; NIAZI, Kabir; NIAZI, Haroon MAR 2 8 NIAZI, Nasrin; and Niazi, Niloufer ATTORNEY: Mark D. Byrne COUNTY COUNSEL 100 Bush St. , 25th Floor Date received MARTINEZ CALIF. ADDRESS: San Francisco, CA 94104 BY DELIVERY TO CLERK ON March 25, 1994 BY NAIL POSTMARKED: gaUa delivered ' - 1 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pq11 BATCHELOR, Clerk DATED: i Y 1 .r+ � a8� � �-( Q� 6 : Deputy .11. 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: /A0-XC-(, BY: Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Admini 71tor (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present I This Claim is refected 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:_ `�- 01-0 —9 PHIL BATCHELOR, Clerk. By —%" ��a 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 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United tates 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. /J n Dated: a:7_ 4 BY: PHIL BATCHELOR by —putt' Clerk tC: County Counsel County Administrator CLAIM AGAINST THE COUNTY OF CONTRA COSTA 1 . Name and Post Office Address: Faiza Niazi (mother of Decedent) Kabir Niazi (father of Decedent) t� Haroon Niazi (brother of Decedent) R' CLQ ED Nasrin Niazi (sister of Decedent) Niloufer Niazi (sister of Decedent) ,L 5 c/o Mark D. Byrne, Esq 1AARLaw Offices of Martin F. Triano 100 Bush Street, 25th Floor CLERK BOARD OF", PERVISORS San Francisco, CA 94104 COIN:o%cOBTA CO. (415) 391-8061 2 . Post office address to which the person presenting claim desires notices to be sent: same as above 3 . The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. At all relevant times, Decedent Mujib Niazi attended Special Education classes located at Ygnacio Valley High School, 755 Oak Grove Road, in the city of Concord, in the Mount Diablo Unified School District, as a Developmentally Disabled 21 year old. As a result of his medical condition, a nurse had been hired/funded, by the above public entity, to be present at all times during school, as well as transportation to and from school . The decedent, by virtue of his medical condition, lacked substantial muscle control of his neck area. This nurse had a duty to exercise ordinary. care in providing professional nursing services to the decedent Mujib Niazi . The teacher of Mujib Niazi was also hired/funded by the above entity and had a duty to exercise ordinary care to supervise that the decedent was not harmed, from a reasonably foreseeable risks, including asphyxiation on his pillow or other object or other dangers due to the student' s lack of muscle control . As a proximate result of the acts and omissions of the nurse and teacher, they both left the decedent alone without supervision, to go on a morning break, Mujib Niazi died, as result of asphyxiation on his pillow or other object or other causes, as result of being left without supervision . Claimants are informed and believe that the decedent would not have passed away if either the nurse or teacher had remained in the room, while the other individual had gone on break. The above entity had a further duty to exercise ordinary care in the hiring and supervision of the nurse and teacher. Claimant is informed and believes that the above-entitled entity negligently hired the above individuals who lacked the necessary expertise to care for the decedent . Claimant is further informed and believes that the above entity negligently supervised the nurse and/or . teacher. As a further proximate result of the acts and omissions of the above entity, Mujib Niazi died, as result of asphyxiation on his pillow or other object or other causes, as result of being left without supervision . 4 . A general description of the injury or loss occurrence so far as it may be known at the time of the presentation of claim. Mujib Niazi passed away on -or about October 1, 1993 , after a stay John Muir Hospital . 5 . The name or names of the public employee or employees causing injury damage or loss, if known. The name of the teacher of Mujib Niazi was Bonnie Kamrani and the first name of the nurse was Noreen. 6 . The following are the estimated losses suffered or which may be suffered by the Claimant as a proximate result of the acts or omissions of the County of Contra Costa: Loss of Love, comfort, companionship, etc : $500, 000.00 without limitation of Civil Code Section 3333 . 2 TOTAL AMOUNT: $500,000.00 Dated: Mark) D. Byrnl", T i `. CLAIM 9 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRTT• 26, 1994 Claim Against the County. or District governed by) BOARD ACTION the Board of Supervisors. flouting Endorsements. NOTICE TO CLAIMANT 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: $ .550.00 Section 913 and 915.4. please note all `ilarnings'. ' CLAIKANT: HART, Robert ATTORNEY: Date received ADDRESS: 22 Nathan Pl. BY DELIVERY TO CLERK ON April 4, 1994 Danville, CA 94526 Hand Delivered BY RAIL POSTMARKED: J. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: S �t1L �eputyL Clerk .II. FROM: County Counsel TO: Clerk of the Board of Supervisors (�) This claim complies substantially frith Sections 910 and 910.2. j ) 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 U 111. FROM: Clerk of the board TO: County Counsel (1) County Administrator (2) j ) Claim was returned as untimely with notice to claimant (Section 911.3). IN. SOARDD ORDER: By unanimous vote of the Supervisors present 1�? This Claim is refected in full. 1 ) Other: I Certify that this is a true and correct copy of the Board's Order entered in its minutes for this ate. Dated:_ 4- -9 =HIL 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 avail to file a court action on this claim. See Government Code Section 94S.G. You wwy seek the advice of an attorney of your choice in connection with this ratter, If you want to consult Ln 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 tines herein mentioned, have been a citizen of the United States, over aye 28; and that today I deposited in the Unitedrates stal Service in Martinez, California, postage fully prepaid a Certified copy of this Board Order and Notice to Claimant, addressed to the claim nt as shown above. Dated: q y BY: PHIL BATCHELOR by 54, l`A Q(�.. Deputy Clerk CC: tounty 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 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 See. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp ECEIVED Against the County of Contra Costa or ) District) CLERK BOARD OF SUPERVISORS O Fill in name ) con+T _Cos NA COIF The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ �5`� °J and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) O,ec e(M b-P ;r- Z 07-�r � 5 t4 ice! ?H 2. Where did the damage or injury occur? (Include city and county) 5-D 0 STE 1 c�v 3.+How did the damage or injury occur? (Give full details use extra paper .if � required) Gk 14 (D _�u &D0 RT 621/S7d h 0 2r� --v-� Go t- �SS��_ S71� --.I-- ------------------ --------------- �n� u. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? �y ' rvo T h-o nv 2 (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? e7 fI yr2 F . 6AFRA4M A/140/I'a le /!� I e,eCe . 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) j�j f�yhv�rl-/T i 5 ' g-J,5�`0 e-Ac,%r md)-rte. -ae V.e. Y-els off' �L� �- 6F3 4 p7D Jnncr�� 8. Names and addresses of witnesses, doctors. and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Gov. Code Sec. 910.2 provides: "The cl,aq must be sign!d/by the claimant. SEND NOTICES TO: (Attorney) or by/soide porsop on h,4 beha ." Name and Address of Attorney ` Claimant's Signature r� (A-ddress) 1-1—� Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any.state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. 3/15/94 FROM: ROBEERT N. HART 22 NATHAN PL . DANVILLE CA. 94526 TO; FAMILY SUPPORT DIVISION GAYLE E. GRAHAM, DIR . SENION DEPUTY DIST. ATTY . DEAR MS . GRAHAM, I AM WRITING TO YOU TODAY BECAUSE OF THE WAY YOUR OFFICE HAS MISHANDLED THE CASE # 182-125 IN ASSOCIATION WITH YOUR DR #667533 . I WROTE YOUR OFFICL IN OCTOBER OF 1993 AND INFORMED TEAM 5 THAT MY SUN MICHAEL WAS TO TURN 18 ON NOV. 12TH AND WAS Ido LONGER AT2'ENDING HIGH SCHOOL AND THAT HE HAS A FULL TIME JOB AND THEREFORE HIS MOTHER , PAMELA R. HART, IS NO LONGER ELIGIBLE TO RECEIVE CHILD CHILD SUPPORT PAYMENTS . THEY INFORMED ME I14 NOV. THAT I WOULD HAVE T'O' PROVE T14AT MICHAEL WAS NOT IN HIGH SCHOOL AND THAT HE INDEED HAD A FULL TIME JOB. I CAME INTO YOUR OFFICE IN MARTINEZ AN TALKED TO ONE OF THE CASE WORKERS, A BLACK GENTLEMAN WHOSE NAME I DO NOT RECALL. HE SUGGESTED THAT I GET AN EX—PARTE STAY OF WAGE ASSIGNMENT. THIS, HE EXPLAINED, WOULD PUT A HOLD ON THE CHILD SUPPORT MONEY AND YOUR OFFICE WOULD HOLD IT IN TRUST UNTIL THE SUPERIOR COURT COULD HEAR THE CASE AND MAKE A DECISION ON THE ELIGIBILITY OF PAMELA TO RECEIVE ADDITIONAL CHILD SUPPORT. THIS WAS CONFIRMED BY AN ATTORNEY THAT I CONSULTED THE NEXT DAY. I WENT TO THE COURT HOUSE AND DID RECEIVE AN EX—PARTE STAY OF WAGE ASSIGNMENT FROM JUDGE LIBBY. THE JUDGES CLERK EXPLAINED TO ME THAT THE D.A.S OFFICE WOULD STILL COLLECT THE CHILD SUPPORT, BUT THAT THEY WOULD HOLD IT UNTIL THE CASE. WAS HEARD IN DEPT. 41 . THIS WAS DEC. 10.1. 1.993 . ON THIS SAME DAY THE EX—PARTE STAY OF WAGE s ASSIGNMENT WAS DELIVERED TO YOUR OFFICE AND. WAS GIVEN TO x NAOML. GRIFFIN OF TEAM 5. THE NEXT SUPPORT PAYMENT .WAS RECEIVED BY YOUR: OFFICE ON DEC. 20TH 1993, TEN DAYS AFTER THE. COURT ORDER WAS RECEIVED BY MS . GRIFFIN. THE STAY OF WAGE ASSIGNMENT WAS EFFECTIVE AS OF DEC. 10, 1993 . ON_ JAN. 31ST THE CASE WAS HEARD IN DEPT 41 AND THE JUDGE DECLARED MICHAEL EMANCIPATED AND ORDERED THE WAGE ASSIGNMENT LIFTED. THE SUPPORT PAYMENTS FOR THE MONTHS OF DEC. 1993 AND JAN. 1994 WHERE RECEIVED BY YOUR OFFICE AND INSTEAD OF BEING HELD IN TRUST AS THE COURT ORDER WOULD SUGGEST, THEY WHERE SENT ON TO PAMELA. THIS IS CLEARLY A VIOLATION OF THE COURT ORDER ON YOUR PART. THIS BRINGS ME TO TODAY. I CALLED YOUR OFFICE AND TALKED TO KELLY REECE OF TEAM 5 . SHE TOLD ME THAT THERE WAS NO MONEY IN THE ACCT. AND THAT I WOULD HAVE TO COLLECT IT FROM PAMELA MYSELF. I WILL NOT NOR SHOULD _I HAVE TO COLLECT THE MONEY FROM PAMELA. SHE WOULD NOT GIVE IT TO ME UNDER ANY CIRCUMSTANCES EVEN IF I. SHOULD TRY. YOUR OFFICE SCREWED UP AND IT IS YOUR OFFICES RESPONSIBILITY TO CORRECT THIS MISTAKE. HAD YOUR, PEOPLE DONE THEIR JOB CORRECTLY I 'M SURE I WOULD HAVE: RECEIVED .MY $550 . 00 BY NOW. I THINK THAT THE COURT ORDER WAS EITHER BURIED OR JUST IGNORED BY SOME STAFF MEMBER. WHAT I THINK YOU SHOULD DO IS THIS, SEND ME $550 . 00 PLUS INTEREST OUT OF YOUR BUDGET AND THEN YOU CAN PURSUE THE COLLECTION OF YOUR MONEY FROM PAMELA AT YOUR LEISURE. SINCERELY, ROB HART r 1 /941 FROM: ROBERT N . HART 22 NATHAN PL . DANVILLE CA. 94526 TO: FAMILY SUPPORT DIVISION GAYLE ELAINE GRAHAM, DIR . DR4 667533 SENIOR DEPUTY DISTRICT ATTY.- DEAR MS . GRAHAM, I AM WRITINC MC YOU TODAY TO REMIND YOUR OFFICE THAT AS OF NOV. <<1 1`393, THE WAGE ASSIGNMENT AGAINST ME WAS NO LONGER IN EFFECT. THIS , DUE TO THE RULING OF THE JUDGE OF THE SUPERIOR COURT OF CONTRA COSTA COUNTY, DEPT 41 ON JANUARY 31ST. 1994, CASE #132 125 . I WOULD ALSO LIKE TO REMIND YOUR OFFICE THAT YOU ARE HOLDINC IDI TRUST, $550 . 00 DOLLARS THAT WAS TAKEN iN THE WAGE ASSIGNMENT AFTER THE - EX-PARTE STAY OF WAGE ASSIGNMENT WAS GRANTED BY THE SAME COURT ON DECEMBER 10, 1993 . THIS WOULD BE FOR THE MONTHS OF DECEMBER 1993 AND JANUARY 1994 . WHEN I CONTACTED YOUR CASE WORKERS ABOUT THIS MOST RECENT DEVELOPMENT IN THIS CASE, .I WAS TOLD THAT AS SOON AS THE ACCOUNT WAS CLEARED OF ANY BACK SUPPORT AND INTER"T THAT I WOULD THEN BE RE-IMBURSED. I FEEL THAT TWO WEEKS IS AMPLE TIME TO COMPLETE THE ACCOUNTING AND RETURN MY $550 . 00 . I WOULD ALSO REQUEST THAT THE CURRENT RATE OF INTEREST THAT THE BANKS ARE GIVING ON SAVINGS BE APPLIED TO THE $550 .00 THAT YOU HAVE BEEN HOLDING FOR THE PAST TWO AND A HALF MONTHS . I WOULD ALSO LIKE TO ADD THAT I CALLED THE FAMILY SUPPORT OFFICE AND LEFT A MESSAGE ON ASSISTANT DISTRICT ATTORNEY SCOTTS VOICE MAIL.. I WAS INFORMED THAT I WOULD BE CONTACTED WITHIN FIVE WORKING DAYS . TO THIS DATE I HAVE NOT BEEN CONTACTED BY ANY MEMBER OF YOUR OFFICE. YOUR EXPEDIENCE IN THIS MATTER WILL BE GREATLY APPRECIATED. SINCERELY, ROB HART • - CLAIF BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document 'bailed 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: Unknown Section 913 and 91S.4. Please note all •ifarnings•. ANT CLAIK : ORR, Adam (a minor) -by ORR, Kenneth and ORR, Kathleen Pz W . MAR 3 9 1994 -ATTORNEY: Douglas E. Kirkman COUNTY COUNSEL c Wagner, Kirkman & Blaine Date received A� 1V��,c�.a ADDRESS: 1792 Tribute Rd. , Ste. 450 BY DELIVERY TO CLERK ON Marr1f'rT'NfJ 3'L1F. Sacramento, CA 95815 BY MAIL POSTKARKED: Haad DP1 iy red 1. FROM. Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. BATED: "1� Q 3O. 149 IVIl BepuLyl�, Clerk .11. FROM: County Counsel TO: Clerk of the Board of Supervisors (14 This claim complies substantially with Sections 910 and 910.2. ( This claim FAILS to comply substantially with Sections 910 and 910.29 and we are so notifying claimant. The Board cannot act for It 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: �,c-G 9�l `� BY: Deputy County Counsel U 0 111. 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 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 ate. Dated-,_ tk-," _Pull BATCHELOR, Clark, By_, Deputy Clerk YARNING (Gov. code section 913) Subject to certain exceptions, you Aave only six (6) months from the date this notice was personally served or deposited in the sail to file a court action on this claim. See Government Code Section 96S.G. You may seek the advice of an attorney of your choice $n connection allth this Fatter. If yvfF %.-ant to consult an attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF FAILING 7 declare under penalty of perjury that I am nor, and at all tires herein fentioned, have been a citijen Of the United States, over age 18; and that today I deposited in the United tales stal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the CIAIcAnt as shown above. Dated: — - 5 BY: PHIL BATCHELOR by Deputy Clerk cc: County counsel County Administrator 1 DOUGLAS E. KIRKMAN (State Bar No. 53892) WAGNER, KIRKMAN & BLAINE 2 Attorneys at Law 1792 Tribute Road, Suite 450 3 Sacramento, California 95815 (916) 920-5286 4 5 Attorneys for Claimant, ADAM ORR, by Kent Orr and Kathleen Orr, ,"' RECENM 6 his Guardians at Litem 7 11 MAR 2 91994 8 CLERK 66-iaFib OF SUFE,V;SORS 9 ID D MjV= 10 11 The following constitutes a claim against the County of Contra 12 Costa. 13 TO THE COUNTY OF CONTRA COSTA: 14 1. The name and mailing address of claimant is: ADAM ORR, a 15 minor, by KENNETH ORR and KATHLEEN ORR, his Guardians Ad Litem, 1312 16 Pegan Common, Livermore, California 94550. 17 2 . The post office address to which the person presenting the 18 claim desires notices to be sent is: Douglas E. Kirkman, Wagner, 19 Kirkman & Blaine, 1792 Tribute Road, Suite 450, Sacramento, 20 California 95815 . 21 3. The date of the occurrence which gave rise to the claim 22 asserted is October 2, 1993 . 23 4. The place of the occurrence is Carneal Road, 546 feet south 24 of Manning Road in Contra Costa County. 25 5 . The circumstances of the occurrence which gave rise to the 26 claim are as follows: 27 a. On or about October 2, 1993, on Carneal Road, near 28 Manning Road in an unincorporated area of Contra Costa County, DEK:cf/WP-320.006 1 y 1 claimant ADAM ORR was riding as a passenger in a vehicle driven by 2 Steven V. Dudgeon. 3 b. At that time and place, Mr. Dudgeon approached an 4 unmarked right curve in the roadway. Mr. Dudgeon was unable to 5 negotiate this right curve and lost control of his vehicle. 6 Mr. Dudgeon's vehicle slid across the northbound lane, left the 7 roadway and, after rolling over one and a half times, came to rest 8 in a field east of Carneal Road. 9 c. Claimant is informed and believes and thereon claims 10 that the right curve in the roadway on Carneal Road near Manning 11 Road is a hazardous condition. 12 d. Claimant is informed and believes and thereon claims 13 that the right curve on Carneal Road near Manning road further has 14 no sign warning of this dangerous condition and has no street 15 lighting. 16 6 . The names of the public employees causing the injuries are 17 unknown. 18 7 . The injuries sustained by claimant as far as known, as of 19 the date of presentation of this claim, consist of a compound 20 fracture of the right mandibular symphysis region, cerebral 21 concussion, multiple abrasions and lacerations to his neck and left 22 shoulder and abdominal trauma. As a result of the accident, 23 claimant is also experiencing cognitive deficits of decreased 24 attention and concentration, decreased ability to complete visual 25 spatial tasks and visual motor difficulties. Additionally, claimant 26 sustains mental distress and suffering. 27 8. If any additional information is needed in order to allow 28 any public entity herein named to properly investigate and/or DEK:cf/WP-320.006 2 1 evaluate this claim, please make a written demand to claimant's 2 attorney, whose address is set forth herein. 3 Dated: MorW 28 , 1994 WAGNER, KIRKMAN & BLAINE 4 5 By: DOUGLAS E. KIRKMAN 6 Attorney for Claimant 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEK:cf/WP-320.006 3 PROOF OF SERVICE Claimant: ADAM ORR Respondent: CONTRA COSTA COUNTY. I am a citizen of the United States, employed in the City and County of Sacramento . My business address is 1792 Tribute Road, Suite 450, Sacramento, California 95815 . I am over the age of 18 years and not a party to the above-entitled action. I am familiar with Wagner, Kirkman & Blaine 's practice whereby the mail is sealed, given the appropriate postage and placed in a designated mail collection . Each day's mail is collected and deposited in a United States mailbox after the close of each day's business .- On March 29, 1994, I served the following: PROOF OF CLAIM [ l (BY MAIL) on the parties in this action by causing a true copy thereof to be placed in a sealed envelope with postage thereon fully prepaid in the designated area for outgoing mail [x] (BY PERSONAL SERVICE) on the parties in this action by causing a true copy thereof to be delivered by hand to the offices of the addressee(s) addressed as follows : CONTRA COSTA COUNTY 651 Pine Street, Room 106 Martinez, California I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on March 29, 1994, at Sacramento, California . G etchen Brigaman CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements. ) NOTICE TO CLAIMANT 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 the Board of Supervisors (Paragraph IV below), given pursuant to Governnent Code *mount: $20,000.00 + Section 913 and 915.4. Pi a epi 1wern� s•. ANT gLAIM : RHODES, Larry MAR 3 0 1994 ATTORNEY: Samuel C. Mullin III � v COUNSEL Hodson & Mullin Date received CUNT z ADDRESS: 595 Buck. Ave. , Ste. C IT DELIVERY TO CLERK ON Marc , Vacaville, CA 95688 Hand Delivered BY MAIL POSTMARKED: via: County Counsel 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. 3� 94 IV IL IL ATCHELOR, Clerk • ''YY1 c�.a SOL, . �eputy .11. 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: `/ BY: Deputy County Counsel 111. FROM: Clerk of the board TO: County Counsel (1) County Administrator (2) I Claim was returned as untimely with notice to claimant (Section 911.3). IN. BOARD`ORDER: By asnanimous 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 ate. _ Dated: PHIL lATCHELOR. Clerk. !yOn Deputy Clerk WARNING (Gov. code siction 913) subject to certain exceptions. you have only six (6) months from the data this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. rou may seek the advice of an attorney of your choice.in connection with this nutter. If you want to consult Ln attorneye 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 nor, and at all tines herein mentioned. have been a citizen of the Aited States, over aye 18; and that today I deposited in the Unitedtales sial Service in Kartinet. :atifornia, postage fully prepaid a certified copy of this Board Order and Not ce to Claimant, addressed to .Y the claimant as shown above. • r n Medi- - �7 -9 BY: PHIL BATCHELOR by, 1 a. Lw Deputy Clerk " .C: County Counsel County Administrator J ' Claim of LARRY RHODES CLAIM FOR DAMAGES FOR UNLAWFUL EXPULSION FROM MARTINEZ UNIFIED SCHOOL V. GOVERNMENT CODE 815 .5; 815.2 MARTINEZ UNIFIED SCHOOL DISTRICT/ CONTRA COSTA COUNTY To the: COUNTY ADMINISTRATOR'S OFFICE CONTRA COSTA COUNTY V(A (EEE -- 1 651 Pine Street, 11th floor Martinez CA 94553 RCC+ ® COUNTY COUNSEL'S OFFICE MAR 2 9 1994 CONTRA COSTA COUNTY 651 Pine Street, 9th Floor Martinez CA 94553 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. District Superintendent � � �� MARTINEZ UNIFIED SCHOOL DISTRICT 600 F Street Martinez CA 94553 YOU ARE HEREBY NOTIFIED that LARRY RHODES (hereinafter "Claimant" ) , whose address is #4 Lagurita Court, Martinez, California 94553, claims damages from the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA and from the MARTINEZ UNIFIED SCHOOL DISTRICT, STATE OF CALIFORNIA in the amount, computed as of the date of presentation of this claim, of $20,000.00 plus. additional relief as claimed herein. This claim is based on Claimant 's unlawful expulsion from the i Martinez Adult Center, which expulsion occurred on or about October 1 29, 1993, and the failure of Contra Costa County and the Martinez Unified School District and its employees to provide the Claimant with due process and the opportunity to be heard either prior to or after the expulsion. CLAIM OF LARRY RHODES Page 1 The information provided herein is based upon information presently known to Claimant and his attorney. The circumstances giving rise to this claim are as follows: Date of Damage: On or about October 29, 1993 and continuing. Location of Damage: Martinez Adult Center 600 F Street Martinez CA 94553 Facts of the case: LARRY RHODES (hereinafter "Claimant" ) was enrolled in the Martinez Adult Center on or about October 4, 1993 taking classes in the Construction Technology Program which program was to be completed on or about March 1, 1994 . Claimant's enrollment in the program was pursuant to a vocational rehabilitation plan implemented as part of claimant's worker's compensation benefits. Claimant had previously sustained a severe back injury, and entered the program to be re-trained for a new vocation. Claimant's worker's compensation carrier paid all fees for claimant's participation on the Construction Technology Program. On October 29, 1993, Connie Acton, the head of the Construction Technology Department notified Marlyn Karrasch, claimant's vocational rehabilitation counselor, that he was expelled from the program. A copy of the letter is attached hereto as Exhibit A. Claimant was not offered or afforded any notice or an opportunity to be heard or a due process hearing prior to the expulsion. After being notified by Mrs. Karrasch of the expulsion, claimant directed Mrs. Karrasch to demand a hearing on this matter. Mrs. Karrasch contacted Connie Action who refused any due process meeting or hearing for the Claimant. Mrs. Karrasch also contacted the superintendent for the Martinez Adult Center who initially stated Claimant would be afforded a meeting on this matter, but later rescinded the agreement to meet. Claimant was never afforded a post-expulsion due process hearing. By letter dated January 14, 1994, Claimant's attorney demanded, among other things, the immediate re- instatement of Claimant claiming the denial of due process. A true and correct copy of the January 14, 1994 letter is attached hereto as Exhibit B. By letter dated January 25, 1994 , Royal Sherwood of the Martinez Adult Center responded to Claimant's attorney stating that the CLAIM OF LARRY RHODES Page 2 matter was being considered by legal counsel. A copy of that letter is attached hereto as Exhibit C. No response whatsoever has been received. The actions by the Martinez Unified School District in failing to afford Claimant a due process hearing are in violation of the 14th Amendment of the U.S. Constitution and California Education Code sections 48900, et seq. As a result of the unlawful expulsion by the Martinez Unified School District and the failure to meet the due process requirements, Claimant has been unlawfully denied an education, an ability to compete in the market place and has suffered emotional distress and financial losses. Nature of Claim: Government Code section 815.2 - Injuries by employee within scope of employment; Government Code section 815. 6 - Failure to discharge mandatory duty of a public entity; Education Code sections 48900 et seq. - Failure to provide due process hearing foe expulsion. Names of Employees with Information: Connie Action; Superintendent of the Martinez Unified School District; and Royal Sherwood. Claimant demands the following: 1. $10,000 representing emotional distress as a result of the unlawful actions of the Martinez Unified School District. 2. $10, 000 representing Claimant's lost wages to date. 3 . Immediate re-instatement at no cost to the Claimant in the Construction Technology Program. 4 . Attorney's fees pursuant to California C.C.P. section 1021.5 . All other notices or other communications with regard to this CLAIM OF LARRY RHODES Page 3 claim should be sent to claimant's attorney at the following address: Samuel C. Mullin III HODSON & MULLIN 595 Buck Avenue, Suite C Vacaville CA 95688 i Dated: -' 2 LARRY R ODE Claimant Dated: �" a q q SAM L C. MULLI III HODSON & MULLIN CLAIM OF LARRY RHODES Page 4 CONSTRIK TION TEC TINOLOGY DEPARTMENT Technology Education Center, a divisiou of Matiiaez Adult School 600 F Street Martinez, CA 94553 (510) 228-3631, fax (510) 228-6989, (800) 200.3330 October 29, 1993 Marlyn Karrasch Burke & Associates 1670 Riviera Ave., #220 Walnut Creek, CA.94598 Dear Ms Karrasch: We continue to have many problems with your client, Larry Rhodes. Although his classwork is adequate, he continues to spend time outside of class creating problems for himself and others. Most recently, he was planning to complain to the school board because a building was not open at 7:30am so he could get coffee although a campus student center was open. He objects to walking a short distance to the restroom and contacted the district office of the Martinez Unified School District and threatened to go to the school board. He showed .me the broken bones in his hand and said this was what happened to people be couldn't agree with. His behavior is disruptive not only to his classmates, but to the entire school process. As you are aware, Mr. Rhodes has refused to signin on our computer, although we have never had a student object before. He left early three days within the last week without explanation. We feel that some other setting might be of more benefit to Mr. Rhodes. He will not longer be permitted to attend the Estimator/Project Manager program at our school. We would appreciate it if you would so inform him. Yours truly, Connie Acton Department Head cc: Judy Moon, Assistant Director Ex. A. TOTAL P.0 Hudson. 0 Wufflzt ATTORNEYS AT CAW .595 Buck,1luenue, Suite C Vacaville, California 95688 John D. Ilod son SBN 1.5.3784 Tel: (707)X152-9606 Samuel C. btullin, III SBN 1.3919..3 FAX: (707) /152-9607 January 14 , . 1994 CONSTRUCTION TECHNOLOGY DEPARTMENT 600 F Street Martinez CA 94533 ATTN: Connie Action Re: Larry- Rhodes Dear Ms. Acton: I represent Larry Rhodes in a worker's compensation claim against his employer. As ' part of his vocational rehabilitation program, Mr. Rhodes was! enroll:ed in the Estimator/Project Manager program at the Martinez Adult School. By letter dated October 29, 1993 , you informed Mr. Rhodes ' vocational counselor that he would not be permitted to attend the Estimator/Project Manager course. I believe this action is without basis and a violation of Mr. Rhodes ' civil rights . While attending the course, Mr. Rhodes maintained a high grade point . average. In your letter, you stated that Mr. Rhodes said he intended to take certain grievances to the school board, an action he is certainly legally entitled to do. Dis-enrolling a member for statements that he intended to exercise a lawful right is clearly a violation of Mr. Rhodes ' civil rights. Further, you make a general statement that . Mr.' Rhodes ' actions were disruptive to the entire class, when class members are prepared to state otherwise. When Mr. Rhodes' first learned of your intention to dis-enroll him, he requested a meeting with you and the superintendent of the school which was first accepted, and then denied. Mr. Rhodes was not even afforded a due process right to address your allegations. As a government subsidized and public institution, your unilateral action is subject .to attack judicially. Consequently, Mr. Rhodes is demanding that he be immediately re-enrolled in the class and permitted to complete all courses necessary for graduation. If he is refused, I will advise him to pursue his legal remedies. I look forward to your swift response. Very truly yours, HODSON MUL cc: Larry Rhodes VSAM L C.. MU L I I �z tv Q Martinez Adult tenter MARTINEZ UNIFIED SCHOOL DISTRICT MARTINEZ ADULT CENTER Office of the Director 1919 1991 751h Mniveno January 25, 1994 Samuel C. Mullin III Hodson & Mullin 595 Buck Avenue, Suite C Vacaville, CA 95688 Dear Mr. Mullin: I am in receipt of your letter dated January 14, 1994, regarding your client Larry Rhodes. I have met with District Superintendent Patricia Crocker, and she is conferring with the District's legal counsel on this natter. We will respond to you within two weeks. Sincerely, ROYAL W. SHCRWOOD Director Martinez Adult Center RWS:gam cc: Patricia S. Crocker a.1e 7- 1 f 600 F Street, Martinez, California 94553 Phone: 510 228-3276 FAX: 510 228-6989 C ' CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: March 28, 1994 TO: Jeanne Maglio, Clerk of the Board of, Supervisors FROM: Victor J. Westman; County Counsel /NL By: Gregory C. Harvey, Deputy County Counse RE: Rhodes Claim o Attached hereto is a claim sent by mail to the County Administrators Office and forwarded to County Counsel . Please file and treat as a claim for damages under the Government Code. MAR 2 8 'W4 'Hodson 6& %fulliq ATTORNEYS AT LAW MAATINEZCALIF. 595 Buck Avenue, Suite C John D. Hodson SBN 153784 Vacaville, California 95688 Tel: (707)/152-9606 Samuel C. Mullin, III SBN 139193 FAX: (707) 452-9607 March 23, 1994 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED: County Administrator's Office Contra Costa County 651 Pine Street, 11th Floor Martinez CA 94533 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED: County Counsel's Office Contra Costa County 651 Pine Street, 11th Floor Martinez CA 94533 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED: District Superintendent - Original of Claim MARTINEZ UNIFIED SCHOOL DISTRICT 600 F Street Martinez CA 94553 Enclosed, please find the Claim of Larry Rhodes concerning his unlawful expulsion from the Martinez Unified School District. If you have any questions, please contact me. Very truly yours,• HODSON MTJLLIN �. SAMUEL C. MUL III enclosure 0 :9t.04 N 9d rp apa 0 N x O 5 un cr dt 44*xie ?' CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Claim Against the County. or District governed by) BOARD ACTION the Board of Supervisors. Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document wiled to you is your notice of California Government Codes. ) the action Uken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $25,000.00 Section 913 and 915.4. Please note all `lfarnings'. ' CLAIMANT: SCHOEN, Christopher (a minor) ATTORNEY: Elizabeth M. Guagenti., Esq. MAR 3 0 1994 Jacoby & Myers Date received coNco , t ADDRESS: 100 Bush St. , 16700 BY DELIVERY TO CLERK OM Mn � San Francisco, CA 94104 BY MAIL POSTMARKED: March 25 1994 J. FROM: Clerk of the Board of Supervisors TO: County Counsel AttUchched is a copy of the above-noted claim. DATED: C/ t4� - aO . I Q 9 ��iL �epuLylOR, Clerk .11. 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: ,tit.. 3 , 9 ° BY: &a4k,f1d4/l 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 1 ve This Claim is rejected in full. t Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ;-(o -`J 4 PHIL BATCHELOR, Clerk, By—,4 . (: A.a Q1„_—_') . Deputy Clerk MARKING (Gov. code siction 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the nail U file a court action on this claim. See Government Code Section M.G. rou 'MY seek the advice of an attorney of your choice in connection with this natter. If you want to consult to 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 tir.es herein taentioned, have.been a citizen of the Jnited States, over age 18; and that today I deposited in the United tate: stat Service in liartinez, W ifornia. postage fully prepaid a certified copy of this Board Order and notice to Claimant, addressed to the claimant as shown above. filed: r - 7 _y' c,L BY: PHIL BATCHELOR by A,o . J, . puty Clerk :C: county Counsel County Administrator Clkim to: BOARD OF Si ffISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT a 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 TO'rm. RE: Claim By ) Reserved for Clerk's filing stamp Chr►s RECEIVED r,L ►rn� rn �� ) Against the County of Contra Costa ) MM 2 81994 or ) District) CLERK BOARD OF SUPERVISORS CONTRAN COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ y OC) Z)o and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) d e fi b 3d ; I `9 a � � : �8 �m--- 2. Where did the damage or injury occur? (Include city and county) ,�]])orrnrY� C,4-sv'I I I �. 'oad ,. Pw-\-hocAh Con Co 3. How did the damage or injury occur? (Give full details; use extra paper if required) CWmo_nt v*1n sourhbauricl on �o,7,me��i(le 12oad in on�ioch cft- 'A0,r_k._D'%a wmnas �l,ona 1 � , RS hc- c,waS �o►�wi�4�n Ic F-�h cs-rtc('"corm, he-* oc- him .�c� c�oe'ic� aco�1'►sImolq he Swe.rv<-A Ao 41 vtfi A rc s I 0-M►'i e�c� o K-, h i s br 1-1-is U o is t o Ffi`I'6,e_ r z, ' stvi k n 14. What particul6act or emission on the part of county or district officers, servants or employees caused the injury or damage? 0,_', 1 �r-e_._. o -jr cc" �o tea;+ nfic ► I- no c,-c\ W C� W i cFe �+'1 o 4o o� o l o co--c C' Y^ � 5 � � S S sCA_ ei� o cot e-rvl f o c' 4 a7)� h`►S 5. What are the names of county or district officers, servants or employees causing the damage or injury? J0 h 0 Tk corns V J o fc-r.z -- - ---------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. I n Cl utd i ✓1i , b�+n o+ l f m i-t-ma c( -b 0 efc l cGc ink - -----------L ----------- ----------------- -__----------------------- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) bff. ------------ -------- 8., Names and addresses of witnesses, doctors and hospitals. ` " I%a;� sem l--�os�► -�( 'In Ma.lr)Ld-Care(f ►�� ------------------------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT n O aW r) -h rn Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) orb some person__M his behalf." Name and Address 'oAAf^^Attorney Jo-mbr- Me y AC,,,a i s i ure Ed` , gent , �s �or- 10 0 l/LS {'1 �j '70 o � �� Address �.h o� s� sem; �►- q L4 to y Sri Tran&sc.D , GP- C/L�1'0 �-( Telephone No. Telephone No. 1336- 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. 5 CJ .7 , t+ �, c i 6� 1 n 0 o- r ;a n 4 '< yY tk. E.. k 3 #f J +, - ', - ekth.- c 't r 4t. ,r, e.. d }( x? r r F } + t r �. 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"_4 ''S°' M. �k 1. /S ,/} s S 7� + I}a 1 1 r v - b + t+ S7? l xi i 4 dta `'�f �'p' 1, if", '�t C t..t X17 , �{ y-J s t t t 7 t+' � t k rt lF 4 C@ r,'fl+F 4 x i ,.., v a ;-nys(r ,� r %", s .. t t t t } t r y.t a t + . t,, f n d v t v 1 4 `t ..n J. r a .> + h rrt t yr' ; L r,yf...�.,_�,a..,.u=:3ew=v,...�:•.ei'�a..xe",. a >'.r...=i_.•Tjww�.:i___,,-..�..�.�°+x^:r''a.=s.._..... :4 .._c«..,w,..ti,l_,. x''.14 ...s;L,'+,iz.L.. ,r.._h. _.v�..... Y..-..-,..w.,a.,...,..-�.._..e-..--..u�.�.:.F..� �_4- ., y_i tl r , CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Claim Against the County. or District governed by) BOARD ACTION the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT And Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $10,000.00 + Section 913 and 915.4. pleas T'Ma ings'. CLAIMANT:HALE, Debra ' MAR 3 p 1894 ATTORNEY:James M. Rogers couNTvcourvsEL . Date received ADDRESS: 1941 Jackson St. BY DELIVERY TO CLERK ON MN f P P Fc"�4 Oakland, CA 94612 March 28, 1994 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IV IL gATCHELOR, Clerk DATED:_1 D . )Q 9 4- : Deputy A .I1. 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 IS days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim an 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: Aa-,,�L b , �(� 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 (v ) This Claim is rejected in full. ( Other: 1 certify that this is a true and correct copy of the Board's Order entered in Its minutes for this date. Oited�`� 9 pHII BATCHELOR, Clerks !y , �a Q Q _> 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 an attorney.of your choice in connection with .this vatter. 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 United fetes sial 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. baled: _ Z'7 —q BY: pHII BATCHELOR by—J—., Deputy Clerk ,CC: County Counsel County Administrator RECENE® MAR 2 9 1994 LAW OFFICES CLERK BOARD OF SUPERVISORS JAMES M. ROGERS CONTRA COSTA CO. JAMES M.ROGERS 1941 Jackson Street Tel. (415)444-4464 JUDITH W. MARSH Oakland, California 94612 Clerk of the Board 651 Pine St. , 1st floor Martinez , CA 94553 CLAIM AGAINST PUBLIC ENTITY Name of Public Entity: Contra Costa County Department of Social Services Name and Address of Claimant: . . Debra Hale 1835 23rd Avenue, #B San Pablo, CA 94806 Send Notices To: Attorney James Rogers, Attn: Michelle Zamora ,Paralegal 1941 Jackson Street, Oakland, CA 94612 (415) 444-4464 Place and Date November 18 , 1993 of Occurrence: City..of E1 Sobrante, CA Circumstances of Occurrence: Claimant was .a pedestrian hit .by a .Social Services vehicle when the driver 187Cked .into .her .due to .his . inattentiveness. Description of Damage or Loss: Serious personal injury,medical and other associated and incidental expenses, lost wages, 'and property damage . Total Amount Claimed: In excess of $10000 ; jtarisdiction in Municipal Court. Breakdown of Amount Claimed: General; and special damages . Dated: March 24 , 1994 Signed: LA OFFICES OF IMES M. ROGERS torneys for Claimant cc: Dept. of Social Services Contra Costa County a > O oil ml No p. cr fit rn_ N �S !r 1 7 i ..0 4 { ¢r tri Y ro � o cn rr � nm _ w f� v 4, Ul ul W ft M1ntdwt 'tyiit a .r Y 1 f 4� - - CLAIM tq BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Claims Against the County, or District governed by) BOARD ACTION the Board of Supervisors, flouting Endorsements. ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given-pursuant to Government Code &mount: Unknown Section 913 and 915.4. P111IDe mms•. CLAIKANT: GREGORY, Gene Wayne MAR 3 0 1994 ATTORNEY: M UNTYCOUNSEL ARTINEZ CALIF. Date received ADDRESS: 111 Devin Drive BY DELIVERY TO CLERK ON Marsh 2c)-1AA4 Moraga, CA 94556 March 28, 1994 BY MAIL POSTMARKED: J. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ��IL ATCHELOR. Clerk �► 4 Q� DATED: Y 1 3 t9 1 q q : �eputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. 0 ( ) 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). i ) Other: Dated: �/ `� BY: 119��./M A?,1tal14., 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). U. BOARD ORDER: By unanimous vote of the Supervisors present j V� This Claim is rejected in full. l Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this ate. n Dated:_ PHIL BATCHELOR, Clerks Deputy Clerk i 1 WARNING (Gov. code section 913) Subject to certain e:ceptionse 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. Fou way seek the advice of an attorney of Your choice in connection with this matter. If you want to consult to attorney. You should do so iamediatety. "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 tines herein tentfoned, have been a citizen of the Jnited States, over age 18; and that today I deposited in the Unitedrates stal Service in Martinez. :Alifcrnia, postage fully prepaid a certified copy of this Board Order and Notice to Claimants addressed to the claimant as shown above. l ?steel: a,� cj BY: PHIL BATCHELOR by \J4, Deputy Clerk 4' K :C: County Counsel County Administrator Claim lo: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to. person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of -the cause of action. (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651-Pine Street, Martinez, CA' 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. if the ClalID i5 agdiTi3i iwr'c % idi3 uTi6 pLiuli:: entity, aepcicam$ L filed against each 'publ;.c entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By ( c ) Reserved for Clerk's filing stamp 1 A s - ) RECEIVE® Against the County of Corftra Costa ) MAR 2 9 1994 e or ) ti CLERK BOARD OF SUPERVISORS District) CONTRA cosrA co. Fitll in name ) 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: — --- --------------------------`�� i- 1 �Vii .,jN_i -- 1. Wien did the damage or injury occur? (Give exact date and ho at 4 4t\ AA/L A - 2. Where did the damage or injury occur? (Include city�and co ty) C fid , Je/ cap � + (Ut 3. How did thdam(age or Injury occur? (Give full de�ils; use extrafpaper if required) �►�.��, ; . .�✓� � ✓ J�` � ) '{ IIAZ41A cc �+Ion tea 4. 'What particular act or omission on the part of county or district officers, \servants o_r employees caused the injury or damage? ' v 64�� C `�' T-e ec�A lfi 9 (over) i 5. What are the names of county or d'st�Vic t officers, servants or employees causing the damage or injury? iG 1?.A- A " ✓��'�-e�CL C cu�� ------------------------------------------------------------------------------------ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for utq damage. 5i� 1 e ------------------- 7. How was the amount claimed above compute ? (Include the estimated amount of any prospective injur or damage.) e. le a 00 re 8. Names and addresses of ,wi.tng ses, doctors and hospita s. ` 4 .e n r sorra':D�""""^�ar'9o"moAca*�mGw;:mq 9. List the expenditures you made on account of this accident or injury: ATE I—T7E-M � t AMOUNT a 46 ` Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of -Attorney Claimant's i tore TF Pe4� 1/1 rjk;4� 7) 61 Address ea;�f-J4 T Tel phone Ngo) �� I TelephWne/No –2 G 0--8 i � 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, qtr by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. PLAINTIFF/PETITIONER: C en, e CASE NUMBER: DEFENDANT/RESPONDENT: C (L { 4?CA— This form must be attached to another form or court paper before it can be filed in court. -- L '�; L fq 1? . . � ILI 10 7,S 41 j- lect cle Ms D /&rse Ac4,Q ® a /Z Pl-,e:S eAl-k�i <<C, a4 ® � Ad Cu/x L) r � . 10 � rz+ ��14CCdZb�� I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: . ... . . . . . . (TYPE OR PRINT'NE) IS ,NATURE OF DE ARANT) f' Petitioner/Plaintiff ❑ Respondent/Defendant ❑ Attorney ❑ Other (specify): (See reverse for a form to be used if this declaration is not to be attached to another court paper before filing) Form Approved Californiathe ATTACHED DECLARATION Judicial Council of C MC-031 New January 1, 19871 16 PLAINTIFF/PETITIONER: 1n®� ' A, CASE NUMBER: DEFENDANT/RESPONDENT: �� ro A40 .................. ". -ate 1 This form must be attached to another form or court paper before it can be filed in court. C6 4��4 10 A+/ �eS /V� 40 eJC,,4,1+ ',,,- C7 LUI Me C&A,5 1406 401 @fit A`G-� C�✓`C.c� (�=�� �J �Oct.�/l V C� , S-I't c.,. s 12+ Pq4S-f-- " OCG sS ,`� 0 C'k pe—z4-ck,\ it kcz e— �L�LJ4-0 i�A OA OL&LAJOC L�)le � I declare under penalty of perjury under the laws of the State of California that the foregoing is true nd cort ct. Date: a j F (TYPE R PRINT NAME) (SIGNATOR DECLARANT) Petitioner/Plaintiff ElRespondent/Defendant ❑ Attorney ❑ Other(specify): (See reverse for a form to be used if this declaration is not to be attached to another court paper before filing) Form Approved nCaliforniathe ATTACHED DECLARATION C. Judicial Council of C MC-031 [New January 1, 19871 CRC Form MC-031 Attached Declaration. Approved for option • Perjury defined:Deering's Pen C§118. use January 1,1987. • Punishment for perjury outside state:Deering's Pen C§777b. Drafter's Notes Collateral References (1987)This form may be attached to any form or other paper filed with • Cal Jur 3d Affidavits§§35 et seq. the court, and is on the reverse of the Declaration Form [CRC Form • Witkin Procedure(3d ed)Pleading§§416 et seq. MC-030]. Practice Guides Statutory References Use this form if the declaration is to be attached to another court • Verification of pleadings:Deering's CCP§446. paper.If the declaration is not to be so attached,use CRC Form MC-030. • Perjury declarations:Deering's CCP§2015.5. • Liability for punishment for perjury committed outside state: Deering's Pen C§27. SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA LAW & MOTION MINUTE ORDER - CIVIL 930305 11+ ` JUDITH A. SANDERS, REFEREE PAGE: __eporter: Clerk: D.-CHRISTIE Bailiff: S. BUSBY For: 3/12/93 Friday Dept: -58 �-- - S. 9:00 AM Case No: C93-00817 ' ALAN AR. TRAENKNER -VS-GENE GREGORY Addl Info: Filing Date: 2/25/93 Case: HARASSMENT At Issue: 00/00/00 Trial-: •.a-1'. _ Events OSC/TRO RE: HARASSMENT Pri: PLNTEt: TkAENKNER, ALAN R. PP: PRO PER -DEFNPT: GREGORY, GENE j) _SEE ADDITIONAL PAGE []Electronically recorded [] Not reported (] CONTINUED TO am/pm Dpt [) OFF-CALENDAR [] N/A j] ATTYS PRESENT: A �. CONFIRMED FOR TRIAL. - " ' SUBMITTED on Pts & Auth w/o argument. C ARGUED by counsel & submitted. [] TAKEN under submission. [] P & A to be submitted: , []. Purs. to Stip, by counsel i} Appr ed in o n court. CtCCCT-S.CCCCCC CCCICC C.0=CCCCCGCCCCCCCGCCCC=SCC CCCCCCCCC 6Ct.CCCCCCGCS L�CCCCLM�„ IT IS .ORDERED: RANTED [] ENIED' [) DEMURRER [] Sustained, day to [] amen [) answer. [] Sustained without 1 ve to ° en [) Overruled �1 j] Grounds of Demurrer: 4. [) Order of Examination discharged. 4,.3THER: UA16��k • • wl ; Ae112 76 t 170 1_ 4P *aj f C S MCC u�el-ll� �'n � T` .� 3 �2 ea� �?4 `��(.�� `` ,a` r iRda'�C.O►rr+rs�rrT.rLAn♦TT.?4R��.•� Alan R- ,Traenkner { ,.. 25 Carte Are (- i5) 44-7128 Moragu, CA• 94556 --� SUPERIOR COURT OT CAUTORML46 COUNW IDIF O iTA gnartaro.a 725 Court atz"t P Sartinex. CaliforniaCOW `ttss Alan R. Traenkner zugor --- ' Cant Orr» . ' 10RDERA ER NEARING ON'£TITi4. lN1UfiiCTiON►ROHISRING KA RASlN .1. C93-00817. t f T 1.`THIS ORDER.EXCEPT R AWARD OF ATTORNEY FEEZr hkt C?f M SHALL EXrIRE AT MIDNIGHT ON ' Z.This ofoc"dmg came for Aearev as follows:. t :• Otte: 3_12.x93 7..t,e: �_z00 am.' Dept.: 50 Room: :_ Ja-Gse inamei Judith $ander$' .f F-3 T.maor,•t`w9i -ter --..�1^+ems-�!t e: ornir'aras4t I�ltenoont present Afton wyvms t vorlml: *" S. Atter Aaanng or+the p�trtiom fT IS ORDERED THAT DEFENDAr famm l: Gene Gregory S. $dot alarm.mrincy.or Iwass plointttf - and loft fottowin9 fsmity and househob n mo4m owrwsl Janet K. -Traenkner 1Stacey L. Traenkner j and SPECIFICALLY IT IS ORDERED THAT DEFENDANT SHALL �` Wendy R. Traenkner "m threaten,atriha«trate physical comom vvhK-p ins+ ' Janet K. Traenkner Moro the fatowinq family and ho�mesfit+en.t sl: Stacey L. Traenkn_er_.----- - Wendy R. Traenkner... : - �£ 9L Q not keep osimwurder SurveillanceJanet -K. Traeatrzie and thelollowi^q family and housal+otd tnamtsets faantes/: Stacey Z. Tr- _. Wendy .R. •Traenkner 1 a_ 1a►�so:+:.ra - - - t . t Janet K. Traeit)cner' ' t % M aro Vve4*l m r+Q familp ane twL" ld m@mbin*14 rm): Stacey L. Traenkner Wendy.R. Traenkner - - tJ. � Wert two++one pleirttitt � . - ,. • :r ? .-- •_I.• j$] and Isla fpBomvV fatt*y and household martlDers tnifnesl: Janet K. TraenkTier--_?=: a } rat um*pmirew-&movements:+Out platers ax st+oragMaeae Janet K. Traenkner ® wKI via flowing t.mii,and h°wet'°IQ n'ar"oea&wmsl: Stacey L.- Traenkner �s4 \ Wertdv R. Tl:npnknpr- �. VIOLATION Of THIS OIIDET_a A MISOEMEANOR.*UNMNAKE BY A•10W"ME.=pC MONTHS IN JAIL.OR BOTH.THIS ORDER SMALL BE ENFORcED BY ALL LAW ERFORC>EMENT OFIICERS IN THE ISTATE OF CALIFORNIA. ted . (Cwv*%jod on mvemol ;, 000 V— . .� .. +. .ow we ORDER AFTER HEARING ON PETITION FOR KrCSwwd«Cove. �. .A NJUNCrION PROHIBrrLYG HARASSMENT �. , SLA#NTIFF(hMnW: Alan R. Traelsi ner itFENoA•Yr uv orwi: Gene:Cre or C93-D0817 a. � stay at least [specify): 150 . t►ertls swraY trortt*"toao"'irg pe►sona an0 places: Mw a�+jsar of these pIacas rs Vipomas/Rind wary rpt sxnJ9dar�mC1 oil rwintiff r ® and tris tosor.:ip family and housandd lnarnesh Janet K. Traenkner Stacey L. -7raenkner 121 p ,nrffy tssrd.nce faddr.0 optional): �. Wendy R. Traenkner 2s Cortes Ai. -es, Moraga; .171 n Ptsintiff'a place of.Mork ladd=s op601 ,• t)f crt is a corre, • olnal - office. ca I1„ .It) plaintiff's childrsri s school or place of child cars ledclram opt oaa/): I REST. S is) ® othm lsoodpr): Rheem School, Moraga, CA t I-993 laddrsss aptfonaf: County Ckri aw trd - -- . - - -- --•- - -- 1 - -` -.- - -- -• LJJ•% (• = S►r!r A'�- of til +t,'il a Q Contacts relating to pick up and delivery of children oursusnt to a eo'n order or a stwutauon o a+f l : f• j mediation shall be permitted.- — APOYC RDERS [specify): The defendant is ordered to remove slanderous ' sitat.emeconcerning the plaintiff from his truck. othing in this order prohb ts. tlie�,defendant�f-ro>ndoing work at a '?e it' ate job site, nor from peacefully Physical g �. ] P Y ..- - _. picketing in front of the binding where the plaintiff works. i. Ely th doss of bus+nau ori the date of thra ober.a oI this order and any proof of service shall to grven to the taw en arcirnent agen ies listed below as follows: r ole a, plaintiff shall deliver. h plaintiff's attorney shall deliver. fJl d0,u e the ciwk of " court shall mad. Law enforcement agency Address Moraga o 'ce Department Rheem Boulevard, oraga, CA -THIS ORDER tS EFFECTIVE WHEN MADE.THE LAW-ENFORCEMENT AGENCY SHALL ENFORCE T,H'ORDER IMMEDIATELY uPON RECEIPT.R LS ENFORCEAiLE ANYWHERE IN CALIFOlHIA BY ANY LAW ENFORCEM AGEftCY THAT HAS RECEIVED $HE ORDER OR IS SHOWN A COPY OF THE ORDER.ff►Rf7Of Of SEJCVHCE THE RE RAWEO PERSON HAS NOT BEEN ttECEMM THE LAW ENFORCEMENT AGENCY SHALL AOYISE THE RE IN Par C Of THE TERMS OF THE ORDER AND THLLY• HALL ENFORCE IT.4d r .uau •. cover / • CURK'S CE I- TI£OF MAILING � _1*a Of 11in 1 ant not a Pony m!Ilia eause and dist **-taeapoing was priaRed Cl postage Preoard.in a at wfty apa•adMISIsad as shown in trent S.and that the the"Ding and•:ecu o this Beate occurred ( at 1pboed: ,• ;,Ca&foettna. i on ldare): _Qwti by cw&"«s...1VftWV t tun - ORDER AFTER HEARING ON / PE Ke..fOR 1NJUNCTI0fN PROHIBITING HARA'5, ,.d1ENT ATTORNEY OR PARTY WITHOUT ATTORNEY TELEPHONE NO.: POR COURT&W o tr DD ATTORNEY FOII fAWrr/: SUPERIOR COURT-OF-CALIFORNIA,COUNTY OF ro 0 NrftAG'i3'8TA 1183 FEB 25 A. 8$ 114 STREET ADDRESS 725 Court Street MAILING ADDRESS P. O. Bot 911 _ S.t.V.!•::`.;::'_:-;r CLE^•.K - elTr AND Zlr eoaE: Martine:. Ca 94553 COMM CGS.: COL:7Y �1 _- ,,,r .s,...._ I (RANCH NAME: PLAINTIFF. DEFENDANT•• ORDAR TO SHOW CAUSE (Harassment) (� 3 - 00817 , � `- and Temporary Restraining Order `' THIS ORDER SHiCC EXPIRE AT THE DATE AND THE TIME OF THE HEARING SHOWN IN THE BOX BELOW UNLESS EXTENDED BY THE COURT. 1. To defendant (name): ellows 2. You sirs ordered to appear lin this court as to Dive any legal reason why the orders.sought In the attached petition should not be granted: ' 3. Date: —�3 Time: 919 no., Dept.: .5-0 Room: 4. 1Y you do not attend the Mating,fmthor orders may be made against you.Thele orders maybe attended for a period riot to exceed rrI three years. l6a have the right to appear and oppose the padhion, whh or without an attonmy. 1. TEMPORARY RESTRAINING ORDER - T _ UNTIL THE TIME OF HEARING, IT IS ORDERED 5. Defendant (Srterne!: e w eC3�r�v^ , shall not alarm, annoy, or harass plaint and the following family an ousehold members (names): J n s'7� and SPECIFICALLY IT IS ORDERED THAT DEFENDANT �;07 a. [� not threaten, strike, or make physical contact with plaintiff ✓4.t e7'L /tea .,�n^ and the following family and household members (names!: b. Q not keep plaintiff under surveillance Q and the following family and household members (names!: G Q not follow plaintiff Q and the following family and household members (names!: d. [ not telephone plaintiff A and the following family and household members (names!: Jar^e'j- e. Q not block plaintiff's movements in public places or thoroughfares 0 and the following family and household members(names!: VIOLATION OF THIS TEMPORARY RESTRAINING ORDER IS A MISDEMEANOR.PUNISHABLE BY A•1000 FINE,SIX MONTHS IN JAIL.OR BOTH.THIS ORDER SHALL BE ENFORCED BY ALL LAW ENFORCEMENT OFFICERS IN THE STATE OF CALIFORNIA. (Temporary Restraining Order continued on reverse) hm AaOpood by the ORDER TO SHOW CAUSE AND AA$C d Cow+eY of camomlo TC"Dr►D A Dv creTD A IWI W t2 ADr1CD Cede of Cir#hocedua 9 527.6 PLAINTIFF Jftnw): 191*1*-VI �P. CAM NUMBER JEFENOANT (Nam*): Q. a. Defendant Is ordered to stay at least(spocifyl: 154 Yards away from the following persons and places: (The addresses of the places ids optional alvd rfa+y.be kept confidendsL) (1) Plaintiff [� and the following family and household members (rsa�mdiJ: s+ y`�,c,.� ` (2) Plaintiff's residence (address optional!: (3) Q71 PlaiPtiff's placeof work(address optional): (4) -Plaintiff's children's school or place of child caro (address optional!: (5) [, ] Other tspecify):. 7r.►cY'� %.tee-.,�E.►� tL Q Contacts relating to pickup and"ivery of�dren pursuant to a court order or a stipulation of the parties arrived at during mediation shall be permitted. 7. Q OTHER ORDERS (specify): 8. By the close of business on the date of this order,a copy of this order and any proof of service shall be given to the law enforcement , agencies listed below as follows: This dOCUiite�t IS R CoffeCi Caal a. plaintiff shall deliver, - - ( _ .---- -. -. of the prltinal oa file in t..., b: plaintiff`s attorney shall delivef office.G the clerk of the court shall mail. Law enforcement agency Address ATTEST ��osnty Clerk.and C-o:acio Cle�x li It! Superior -Court f ttRt State Ctxu�t ICcr�.23 r n Dep7,;!y C!e: y 9. The following documents shall be personalty served on defendant no less the re the hearing: is. Order to Stow Cause (Harassment)and Temporary Restraining Drier b. Petition for Injunction Prohibiting Harassment c. Blank Response to Petition for Injunction Prohibiting Harassment d. Instructions for Lawsuits to Prohibit Harassment ` a Other tspecilyl: THIS ORDER IS EFFECTIVE WHEN MADE.THE LAW ENFORCEMENT AGENCY SHALL ENFORCE THE ORDER IMMEDIATELY UPON RECEIPT.IT IS ENFORCEABLE ANYWHERE IN CALIFORNIA BY ANY LAW ENFORCEMENT AGENCY THAT HAS RECEIVED THE ORDER OR IS SHOWN A COPY OF THE ORDER.IF PROQF OF SERVICE ON THE RESTRAINED PERSON HAS NOT BEEN RECEIVED,THE LAW ENFORCEMENT AGENCY SHALLIS E RESTRAINED PERSON OF THE TERMS OF THE ORDER AND THEN SHALL ENFORCE IT Date L � JtJDGE OF TME LU►ERW11 COURT CLERK'S CERTIFI , MAIUNG . l I certify that I am not a parry to this cause and that a copy of the foregoing was mailed first class, postage prepaid,In a sealed envelope addressed is shown In hem 8,and that the mauling of the foregoing and execution of this certificate occurred at 1placel: . Cafiforrrls, on(datel: Clerk,by . Deputy. -QTORNEY OR PARTY VMHOUT ATTORNEY MW. llr.isl. WaftoONE MO_ _ /OA COLWTflitOM[Y ATTOM,EY MR PAMWI. 3U►ERIOR COURT OF MV:ORNW COUNTV OFCONTR^ C06T 576411 ADDRESS T2s Court Street AB FE3 2-0 A D 14 wtow Aomss P. 0. 9o: 911 errr AND to coin: it rt i ne:. its 94553 9RAkTH NAME: COWk/. KAINTIFF: 1 DEFENDANT CAM WJMMA PETITION FOR INJUNCTION PROHIB ING HARASSMENT M Application for Temporary Restraining 0rclar C 9.`3 — U Q 8 17 (This is NOT an order) Read the krsrnXtions for lawsuits to phohaft Harassment before co"IFkfft this fwm i' I. This suit is filed in this county because a. defendant resides in this county. b. defendant has caused physical or emotional injury to plaintiff in this county. C. other (specifyi: . 2 This suit is not filed under the Domestic Violence Premntion AcL Farnily law Act,or Uniform Parentage Act.because a. ® defendant and plaintiff are not married or formerly married or related by blood;marriage,oradoption.we not living together, / have not frved together.have never had a dating or engagement relationshia and have no minor chfld in common who l Is the subject of an action under the Uniform Parentage Act. b.Q defendant's course of conduct has not included acts of violence that rsudted in physical injury to plaintiff or placed plain- tiff in reasonable fear of imminent serious physical injury. c. Q other Apecify). 3. This suit is not brought under laws against unfair debt collection practices because j a. defendant does not claim plaintiff owes a debt. r b. defendant is not a debt collector. c other (specifyl: ' 4. Defendant Memel: GNs aG�Jo^ .has committed a series of acts that seriously alarm.annoy,or harass plaintiff. (Describe in detaff the nxw ni incidents of harassment State wfor happened, the dater,and who did what to whom. Describe any*Vums, including++ emotional distress): 1001 C14/eT d�� �l.o i�► TC�.�f X.0 C . .7 qTS�.,. O�� / 1 h►� yir�:cz w�i•�c 1 ua ����.00 1 . imp( L✓i•�� �i'd �^iri� e•.a� ��s�i-.•.. .1 �.., ,�e, Ise i (N more space is needed, attach ad inions)pages and check this bM J Q t (Continued on reverse) s+a w or i CAU 110j"em I—OAMT(Namw): 1 is NOT an order? - AvM has acw y suffered substantial emotional distress as a direct result of defendant's conduct descn'bed in kern 4,and defen- dant's conduct would have caused a reasonable person to Nsuffar suhstential,motioasl d4trass. Defendant's continuing course of conduct has been directed specifically against plaintiff and is knowing,willful,not constitutional- ly protected. and without legitimate purpose .INTIFF REQUESTS THE COURT TO MAKE THE ORDERS INDICATED BY THE CHECK MARKS IN THE BOXES BELOW. ® RESTRAINING ORDE s. ®Td be ordered now and offeedve until the hewing Defanda vL whorosdii at(ststie addras!t lrnowrl): /I/ �vi., .�i•., . and works at (state oddhss if known): , must not darns, am my or harass plaintiff lnr&7W:. ®and the following family and household members(names): and must V�tCy � /�ifra�il/��e�/ L!//'w�i' �1. �^As�i�tic•� spedficaly a• ® not threaten. strike, or make physical contact with plaintiff ® and dAjollowing family and household members!names): ✓-V,Vef .�w<e�..r..... G� ds� Ci?. J^a,a�s�yv•� J'fa'crL T-.re-v h [� not keep plaintiff uaoer surveillance Q and the following family and household members tnamal'- . .. . .:- _.. •. G Q not follow plaintiff - _ Q and the following family and household membere d not telephone plaintiff ® and the following family and household members manes): n a Q not block plaintiff's movernents in public places or thoroughfares i Q and the following family and household members(names): t. ® other ltpechv/: 4"pC- 7���e��i4•v �7�'+7rt 1'CiC,r e'.s•��^ J [� STAY,AWAY ORDERS Q To be ordered now and effeettwo until the hea ft Defendant must stay at least lspeccifyl: ISO yards away from the following persons and places(ft addnssas of dw places am optional end you do not hasp so istharnl: _ a. Plaintiff and the folloiking family and household members (names). ?A~ ` l b, PlaintifPe residence laddness opdo ng: �. �` ei•�c-.rs YILJ C Plaintiff's place of work(a &ow cpdWall: CAn 7/ she-o�sJv g Bili a�i g ;sJr el. d[�{] Plaintiff's children's school or place of child can(address opCWW: I a rV1 Other tap OW: .�as,e>t ,� T-b«.�•,� C, (addriess option#: �/�c'r Sclao (Continued on next page) CUE o.. ranting of any of ttw XW sw+Avoy Orde (TNS y N � .� 's he �defe 3ndarg of access to defendsm s Cora"Of 0. Plaintiff will ftSW qUo or WeRt above a , ** eO+rableharm'be ver now and unto the fore this Petition •-V �q fearing, �l Can be heard in T.i.y :0", � >`� Mry me Iya�aVF Court uNeu Me eow 4e �4`y s,� a'� '/t w1o�'Occur court m+lces those prder• s Def EY ES ANO COSTS / 4'r- - �• �,be Orderedfoes attorneyOnd, —� coft asfai°ws /Yl: ^ C 12 V OTHER ORDEf �'L p ✓ w��� '��`r �G 1�..,,• . /,eo c.my,our as& . vrs►,,,r,�,"moi: .. .13• Plaintiffs request Mat Le enforce Ms e f Orders bece given to ( "10,11 a'°'°i'°w;�low-�9 `esscemertt agencies: _ 0 P4intHf has asked for _. tsstra; order +rent the def+ndant _ +e0uesPlaintiff ts additi ora onai r°lisf as may be p opef 'Clare under pe^°hY of Perjury under t4 jaws Of ttw Sty of Grrtoma VW ow fOt°pO1^�is true and COMOeL nvft .��•, O?' Tamen / - umber of pages attached: asssi l total �TIT/On FpR JNJUNCTION PROH181T/IV �R'4SSMENT - _ � �'w••.r er 7o a>S- Sri LJ ., 7;! S�e_ e.c�: t6o z ze V)A I rf Aa c k /1-C �U � � •� 4 1 a Ili17 IZ Ula Cy�'� /f ` / `'�iJ L•e + `� e-le-4 C i l r/w::� o� 4),AnIe let 46V //1 0 A t toe. 61a.w 6 Y TAP- 4-Lal C-7 Ll du� ka, z e M4�k4 4 e-C, 4f /A t"�0 �'4"C �i''C `o c-/ A by S iz t ,� Iii ;�IeL ' -, f� 7'e 4-ipoec�fjy a . ,.,d a/i / 1�4 a c,c a.,v c eca;.1, 1- ` 404 ok7RCil ft � 12- �-� V,"oo *e- 0 ? � _ au l �etl ` +e ao�e L.J t Aell 0+e- t 4. 11,00, o � 4 Wk's 60� { f� , A&j 4le r. ?4e 4, s } d "4a aiII'yq a$ a _ . C ( 9 CLAIM BOARD OF SUPERVISORS OF dONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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: $21,469.60.+ Section 913 and 915.4. P1 a CLAIMANT: ELY, Robin MAR 2 8 ATTORNEY: COUNTY COUNSEL Date received MARTINEZCALIF ADDRESS: 4761 Knarlwood Road BY DELIVERY TO CLERK ON March 25, 1994 Oakley, CA 94561 BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted claim. DATED: n n.,r 1 aR ` 1��-� t�sL �eputylOR, Clerk .I1. 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: 1' f&,O w BY: �- Deputy County Counsel r III. FROM: Clerk of the Board TO: County Counsel (i) 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: ;U2 — 9!_ PHIL BATCHELOR, Clerk, By qSeL, (' _.n1 yJ[ � ) Deputy Clerk YARNING (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 a,n attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING .1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen Of the United States, over age 18; and that today I deposited in the Unitedtater 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: a..'7 _q BY: PHIL BATCHELOR by J. 'OA A'• OJA J_Deputy Clerk LE: County Counsel County Administrator 15T- Se7- OF K Clai- to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNA INSTRUCTIONS TO CLAIMANT q � (� 'rr S rd 'R> [&7_0 A. Clai:,s 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 CD orto action. Claims property relating to causes of action for.death or for injury to person p p perto y growing crops and which accrue on or after January 1, _ .1.0 1988, must be presented not later than six months after the accrual of the cause 04 of action. Claims relating to any other cause of action must be presented not �cc 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 f orm RE: Claim By ) Reser v d for Clerk's filing stamp .E7 j -RECEIVE® . ) Against the County of Contra Costa ) MAR 2 5 1994 or ) CLERK BOARD OF SUPERVISOR District) con!lcsa COSTA CO. �✓ Fill in name ) 13� ; I ,_o n 1 - )ji�l5 The t Co of Contra Costa or Th undersigned claimant hereby makes claim against he urs y the above-named District in the sum of $ c2) a / and in support of I this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage. or injury occ r. (Inc de city qnd county) I at,`M2Yr eI)r 3. How did the damage or injury occur? (Give full details use extra paper if required) V P_ Be BlADM2 /A)Fk�n1) i j Sgt /A) �� �� -P at-h&Yne,�G��� -sem` e- ieyi ' /yIlerr', feu, 4. What particular act or omission on the part of county or district officers, i servants or employees caused the injury or damage? Porn yes ��USD T [DAs /°7-;C- y /e- c �►7,t - . T y �©g jnE Tp N E �S� ff65?;Ri L -- - ��� fi,/)4-rte, Lw.M erg T_- LOOS #06A TSL z�v - 7 S, 0 �` 5. wnat are the names of county or district officers; >servants"4'r',employees causing the danage or in jury? ' ^ -�- /4e1WO12-1'h_f1 //S/0, 40 • �Q n ( Gt t/ wJ l //`' 5. What damage or injuries do you claim resulted? (Give full extent'of'injuries or damages claimed. Attach two estimates for auto damage. 'Duc ro N9&1,829e_, ZL_ 04-25 A107- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or e.) C� - D� )n $Names and addresses of witnesses, doctors and hospitals. I.N 9-,k... �C,LTh M�maP � 5 US, 9'�s ! 7sJ-5l4c uy -g nom"eA,"� - ---------------------------- 9. List the expendituresi made on account of this accident or injury: DATE ITEM AMOUNT . 2 j9� �i 4 1 os�: L� ��'1-C. 11ao, (oo. 73 2 a �I g 4 k)9 Ue M b a86. o o CC►de, tf E� wt��/t#' 9 JF9�GtJ� ��r / ,n4 . Ial.• �l Gov. ode Sec. 91O 2 1de:, - '.. (o al a3 Ravi r\,&v (up,4_m "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney 2 Claimant's Signat e (Address) .a Telephone No. Telephone4e 111 670 � to/49 N 0 T I' C E. Section 72 of the Penal Code provides: - "Every person who, with 'intent to defraud, 'presents for allowance or for payment to any state board 'or officer, or to any county,- city or district .board or'' officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, .bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand -($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars •($10,000, or by both such i:�risonimnt and fine. CLAIM I BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Claim Against the County. or District governed by) BOARD ACTION the Board of Supervisors. Routing Endorsements. ) NOTICE TO CLAIMANT 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 U government Code Amount: Unknown Section 913 and 915.4. Please note all 'Itarnings•. CLAIMANT: HARRIS, Bert ATTORNEY: Jeffrey L. Champlin Date received ADDRESS: 1822 21st Street BY DELIVERY TO CLERK ON ADril 4_ 1994 Sacramento, Ca 95814 BY MAIL POSTMARKED: Hand Delivered via: Risk MQmt. J. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of th�eiabove•noted claim. DATED: (� , 5 199 `f' gV11 JepuLyloR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( rThi's his claim complies substantially with Sections 910 and 910.2. 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: Zl- Dated: Ax., 9 BY: Deputy County Counsel 111. FROM: Clerk of the Board 70: County Counsel (1) County Adminis ator (T) • ( ) Claim was returned as untimely with notice to claimant (Section 911.3). 11/. BOARD ORDER: By unanimous vote of the Supervisors present 1 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:_ �- —�1 =HIL BATCHELOR, Clerk, §Y—,%l . OA L-0-0 . �� . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you ;lave only six (6) months from the date this notice was personally served or deposited in the wait to file a court action on this claim. See Government Code Section 915.6. Vou WY seek the advice of an attorney of your choice in connection with this ratter. If you want to consult to attorney, you should do so immediately. *For additional warning see reverse side of this notice. AFFIDAVIT OF Y.AILiNG I declare under penalty of perjury that I am nor, and at all tires herein mentioned, have been a citizen of the United Stotts, over age 18; and that today 1 deposited in the United tater stat Service in Kartinet. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claiaant as shown above. I" Q D,. Deputy Clerk BY. PHIL BATCHELOR by a . CC: County Counsel County Administrator OFFICE OF COUNTY COUNSEL DEPUTIES: CONTRA COSTA COUNTY PHILLIP S. ALTHOFF f'. SHARON L. ANDERSON COUNTY ADMINISTRATION BUILDING ANDREA W. CASSIDY VICKIE L. DAWES C. P.O. BOX 69 MARKE S. ESTIS MICHAEL D. FARR VICTOR J. WESTMAN MARTINEZ, CALIFORNIA LILLIAN T. FUJII COUNTY COUNSEL 94553-0116 DENNIS C. GRAVES GREGORY C. HARVEY SILVANO B. MARCHESI TELEPHONE (510) 646-2074 KEVIN T. KERR ARTHUR W. WALENTA, JR. FAX (510) 646-1078 EDWARD V. LANE, JR. ASSISTANTS MARY ANN M. MASON PAUL R. MUNIZ April 5, 1994 VALERIE J. RANCHE DAVID F. SCHMIDT DIANA J. SILVER VICTORIA T. WILLIAMS NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Jeffrey L. Champlin 1822 21st St. Sacramento, CA 95814 RE: CLAIM OF: HARRIS, Bert 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: [xx] 1 . The claim fails to state the name and post office address of the claimant. [ ] 2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [xx] 3 . The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [xx] 4 . The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [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 over the claim would rest in municipal or superior court. [ ] 6 . The claim is not signed by the claimant or by some person on S\is behalf . [xx] 7 . Other: Merrithew Memorial Hospital is a facility owned and run by the County of Contra Costa. The County is self insured for damage lawsuits brought against the hospital. VIC7�te TMAN, County Counsel By: I �/' - Deputy .CiounVy Counsel ti 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; 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: April 5, 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) LAW OFFICE of JEFFREY L. CHAMPLIN Ron Harvey 1822 21" STREET SACRAMENTO, CA 95814 APR 0 41994 (916) 454-0113 ������� FAX (916) 454-3759 _ RECEIVED NR - 41994 March 29 , 1994 j CLERK BOARD OF SUPERVISORS CONTi`a COSTA CO. MERRITHEW HOSPITAL 2500 Alhambra Martinez, Ca 94553 Re: Accident of March 16, 1994 To Whom It May Concern: Please be advised that my office represents Bert Harris regarding injuries she sustained when she fell at your hospital on March 13, 1994 . Please refer this matter out immediately to your insurance company for handling. Your prompt notification to your insurance company is necessary in order to insure coverage for this incident. In the meantime, should you have any questions, please feel free to call me. Sincerely, CD JEFF . CHAMPLIN Attorney at Law JLC/dpc . C . CLAIM - BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 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: $50,000.00 Section 913 and 915.4. Ple� +i nivgs•. ' lw CLAIMANT: DELATORRE, Ivone MAR 2 8 1994 0 ATTORNEY: COUNTY COUNSEL. Date received MAFATiNEZCAUF. ADDRESS: 44 2nd Ave. BY DELIVERY TO CLERK ON March 25, 1 A94 Daly City, CA 94014 BY RAIL POSTMARKED: Marrh 24, 1 qq4 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted claim. ` ppHtl D eutlOR, Clerk DATED: py jig .11. 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: z /�'9 BY: -- �: Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) y ( ) Claim was returned as untimely with notice to claimant (Section 911.3). JV. BOARD ORDER: By unanimous vote of the Supervisors present (✓) This Claim is rejected in full. ( Other: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. o Dated:_ �-�-(�-`1�- PHIL BATCHELOR, Clerk, By Vii' �� 1 , 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 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 matter. If you want to consult sn 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 tatts 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: A._ s-1_ Ci y BY: PHIL BATCHELOR by ���Deputy Clerk LC: County Counsel County Administrator . J • 1 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 2 To the Clerk of the Board of Supervisors: 3 Claimant Ivone DelaTorre hereby presents a claim for damages against the County of Contra Costa: NAME AND ADDRESS OF CLAIMANT: RECOVER 5 Ms. Ivone DelaTorre 6 44 2nd Avenue A&--,W(� OR 2 51994 Daly City, CA 94014 _ 7 (415) =`9�8 9- �� �,� CORK BOARD OF SUPERVISORS r COMTR�A CQSTA CO. 8 ADDRESSES TO WHICH NOTICES ARE TO BE SENT: 9 Ms. Ivone DelaTorre 10 44 2nd Avenue f}p f•ty Daly City, CA 94014 11 DATE, PLACE AND CIRCUMSTANCES OF OCCURRENCE: 12 On November 28, 1993 , claimant was in the custody of the 13 County of Contra Costa in the County jail and was caused to 14 sustain personal injuries when she fell while trying to descend 15 from the top bunk bed. The county failed to provide any means 16 of descent and claimant fell when she attempted to use a 17 plastic chair for assistance in climbing down. 18 AMOUNT OF CLAIM: 19 $50, 000 20 GENERAL DESCRIPTION OF INJURIES AND BASIS OF COMPILATION OF DAMAGES: 21 Injuries to the ligaments, muscles and connective tissue 22 of the neck and back. 23 24 DATED: G�2 �23,1 �'l F(I IV NE PtLAtORAE 25 26 27 28 1 i C+ 6� r t i 1� J R CLAIM I, BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document wiled to you is your notice of California Government Codes. the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $1,200-000:00 Section 913 and 916.4. Tasp �lteANTiLLAIK :BURNETT, Kim Harold - MAR 3 0 9994 ATTORNEY:Maurice Moyal, Esq. COUNTYCOUNSEL Date received MARTINEZ CALIF. ADDRESS: 1899 Clayton Rd, Ste 100 BY DELIVERY TO CLERK ON March 29, 1994 Concord, CA 94520 BY KAIL POSTMARKED: Hand Delivered 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. P DATED: IV JepuLyLOR, Clerk R �� .11. FROM: County Counsel TO: Clerk of the Board of Supervisors (vIThis 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 16 days (Section 910.8). ( Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( Other: Dated: /`( ( L / `f BY: L&—� 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. BOARD ORDER: By unanimous vote of the Supervisors present 1This Claim is rejected in full. I ) other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this data. Dated: -,l.(o -q y—�MIL BATCHELOR, Clerk. By 9CI� Deputy Clerk WARNING (Gov. code siction 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or depasited in the mail. to file a court action.on this claim. See Government Code Section 945.6. Fou ray seek the advice of an attorney of your choice in connection Kith this matter. If you want to consult Ln 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 nor, and at all tires herein mentioned, have been a citizen of the United States, over age 18;.and that today I deposited in the Unitedtates stat Service in Kartinez, California, postage fully prepaid a certified copy of this Board Order and Notice-.to Claimant, addressed to th* claimant as shown above. 17 - 9� BY: FLAIL BATCHELOR byyd � .(e -00 _ Deputy Clerk CC: County Counsel County Administrator i KIM HAROLD BURNETT, CLAIM FOR PERSONAL INJURIES V. [GOVT CODE SECTION 910, ET SEQ] CONTRA COSTA COUNTY, y CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT, RIVERVIEW FIRE - PROTECTION DISTRICT, DEPUTY RECEIVED T. GUTER, DEPUTY FRED ANDERSON AND DOES 1-20, MAR 291994 Defendants. CLERIC BOARD OF SUPERVISORS CONTi A COSTA CO. DELW TO THE CONTRA COSTA BOARD OF SUPERVISORS 651 Pine Street, Martinez, CA 94553 . The Law Office of Maurice Moyal, represents Kim Harold Burnett, 10 Marcia Court, Baypoint, California, who was tortiously battered, falsely imprisoned and negligently made to suffer injuries to his physical and emotional well-being. These injuries occurred during a warrantless, non-consensual search of Mr. Burnett's home and seizure of Mr. Burnett by Contra Costa County Sheriff's Deputies on January 16, 1994 . Subsequent to the battery and false imprisonment of Mr. Burnett, Mr. Burnett was then deprived of prompt medical attention resulting in the exacerbation of his injuries. Claim is made against Contra Costa County, Contra Costa County Sheriff's Department, Riverview Fire Protection District, Deputy T. Guter and Deputy Ted Anderson for $1, 200, 000. 00 representing future damages pursuant to Government Code Section 910 et seq. Jurisdiction over the claim will be in Superior Court. All communication with regard to this claim should be sent to claimant's attorney Maurice Moyal, Esq. , 1899 Clayton Road, Suite 100, Concord, California 94520. DATED: /"' �" ✓ `� KIM HAROLD BURNETT CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA APRIL 26, 1994 Clain Against the County. or District governed by) BOARD ACTION the Board Of Supervisors. Routing Endorsements. NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document Nailed to you is your notice of California Goverment Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $10,000.-00 + Section 913 and 915.1. Please note all *Varnings•. CLAIMANT: ALAVI, Kamran aka ALAVI, Ron ATTORNEY: Rodney A. Marraccini 1994 Date received ADDRESS: (Send Notices to Claimant at BY DELI VERY TO CLERK ON March 31, 1994 �CUNTY COUNSEL 608 Danville Blvd. Hand Delivered . Danville, CA 94526) BY MAIL POSTMARKED: 1. FROM: Clerk Of the Board of Supervisors TO: County Counsel Attached 1s a copy of she above-noted claim. • �aIl �euLE�IOR. Clerk DATED: py _ .11. FROM. County Counsel TO: Clerk of the Board of Supervisors ( 7This claim complies substantially with Sections 910 and 910.2. ( ' This claim FAILS to comply substantially with Sections 910 and 210.2, 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: i Dated: Apv� BY: Deputy County Counsel Ill. FROM: Clerk of the Board TO: County Counsel (1) County.Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IY. SOARDORDER: By unanimous vote of the Supervisors present 1✓7` This Claim is rejected in full. l Other: I certify that this is a true and correct copy of the Board's Order entered in Its minutes for this date. 0 /� Dated:_ -a-(v'9 y- PHIL BATCMELOR. Clerk. 9y ( _, _ . Deputy Clerk YARNING (Gov. code siction 913) Subject to certain exceptions, you have only six (6) wnths.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 915.6. Fou way seek the advice of an attorney of your choice in connection with this tatter. If you want to consult to attornty, you should do so immediately. *For additional Warning see reverse side of this notice. AFFIDAVIT OF HAILING 1 declare under penalty of perjury that I am now, and at all tines herein mentioned. have been a citizen of the united States, over age 18; and that today I deposited in the United fates sial Service in Martinez. 41 ifornia. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. SY: PMIL .BATCHELOR by—,J...., , Q a _ Deputy Clerk X: County Counsel County Administrator REQ D 1 RODNEY A. MARRACCINI, ESQ. State Bar No. 42966 31 2 LAW OFFICES OF RODNEY A. MARRACCINI 1225 Alpine Road, Suite 204 3 Walnut Creek, CA 94596 CLERKBOARDOFSUPERVISOR� ( 510) 943-1850 _ co 4 Attorneys for Claimant WA MUVERED 5 KAMRAN ALAVI AKA RON ALAVI 6 7 8 9 Claim of KAMRAN ALAVI, CLAIM FOR PERSONAL INJURIES AKA RON ALAVI, (SECTION 910 OF THE GOVERNMENT 10 CODE) V. 11 COUNTY OF CONTRA COSTA 12 13 14 TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY: 15 YOU ARE HEREBY NOTIFIED that KAMRAN ALAVI, AKA RON ALAVI, 16 whose address is 608 Danville Boulevard, Danville, California, 17 94526, claims damages from the County of Contra Costa in excess of 18 $10,000.00. 19 This claim is based upon personal injuries sustained by 20 claimant on or about October 10, 1993, on or near the Iron Horse 21 Trail, in the vicinity of Wayne Avenue, Alamo, California, under 22 the following circumstances: 23 1. Plaintiff was riding his bicycle on the Iron Horse 24 Trail south of Wayne Avenue, approaching two roller-skaters, when 25 one of the skaters fell and claimant swerved to avoid striking the 26 skater. In this vicinity, there are three-foot tall, six-inch 27 round steel pipes, filled with concrete, which are placed in the 28 pathway. Claimant struck these pipes, causing his bicycle to crash - 1 - 1 and him to strike his head on either the pipes or the pavement, or 2 both. 3 2. The Iron Horse Trail in this vicinity and these pipes 4 constitute a dangerous condition of public property, which results 5 from either the negligent design, construction or maintenance of 6 the Iron Horse Trail, or all of those factors. 7 The name(s) of the public employee(s) causing claimant' s 8 injuries under the described circumstances are not known to 9 claimant. 10 The injuries sustained by claimant as far as known as of 11 the date of presentation of this claim consist of head injuries, 12 including fractured skull, concussion, loss of neurological 13 function, and loss of hearing and memory. 14 The amount of this claim exceeds $10,000.00 and consists 15 of hospital bills, medical bills, and loss of income. 16 The jurisdiction over the claim would rest in the 17 Superior Court of Contra Costa County. 18 All notices or other communications with regard to this 19 claim should be sent to KAMRAN ALAVI, at 608 Danville Boulevard, 20 Danville, California, 94526. 21 Dated: March 31, 1994. 22 2.3 ODNEY A. ARRACC NI 24 Attorney for Claimant 25 26 27 28 2 -